AGENDA

AGENDA

Wednesday, June 16, 1999

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

8:30 a.m.

Room 201S, Bldg E.

12100 Park 35 Circle

Item 1. Docket No. 1998-1154-EXE. The Commission will meet in closed session to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of the Commission's Executive Director, as permitted by Section 551.074 of the Texas Open Meetings Act, Chapter 551 of the Government Code. The Commission may also meet in open session to take action on this matter as required by Section 551.102 of the Texas Open Meetings Act, Chapter 551 of the Government Code.
No Action Taken
Item 2. Docket No. 1999-0024-EXE. THE COMMISSION WILL CONDUCT A CLOSED MEETING TO RECEIVE LEGAL ADVICE AND WILL DISCUSS PENDING OR CONTEMPLATED LITIGATION, SETTLEMENT OFFERS, AND/OR THE APPOINTMENT, EMPLOYMENT, EVALUATION, REASSIGNMENT, DUTIES, DISCIPLINE OR DISMISSAL OF SPECIFIC COMMISSION EMPLOYEES, as permitted by Sections 551.071 and 551.074, the Open Meetings Act, codified as Chapter 551 of the Government code. No final action, decision or vote with regard to any legal or personnel matter considered in the closed meeting shall be made in the absence of further notice issued in accordance with Chapter 551 of the Government Code.
No Action Taken
Item 3. Docket No. 1999-0025-EXE. THE COMMISSION WILL CONDUCT A CLOSED SESSION TO DISCUSS THEIR DUTIES, ROLES, AND RESPONSIBILITIES AS COMMISSIONERS OF THE TNRCC PURSUANT TO SECTION 551.074 OF THE OPEN MEETINGS ACT, CODIFIED AS CHAPTER 551 OF THE GOVERNMENT CODE. The Commission may also meet in open session to take action on this matter as required by Section 551.102 of the Texas Open Meetings Act, Chapter 551 of the Government Code.
No Action Taken


OLD BUSINESS AGENDA

Wednesday, June 16, 1999

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.

Room 201S, Bldg E.

12100 Park 35 Circle

Item carried forward from May 12, 1999.
Item 1. Docket No. 1999-0505-AGR. Consideration by the Commission of a request for a new TPDES permit to be issued to Bryan Berger and Henry Novak, d.b.a. B & N Poultry, permit number 04035. The permit is necessary to allow the applicant to operate an existing poultry operation at a maximum capacity of 2,394,000 head in Gonzales County, Texas. No discharge of pollutants into the waters in the state would be authorized by the permit. The facility is located on the south side of County Road 401 about mile west of its intersection with County Road 402 and about five miles southwest of the intersection of U.S. Highway 90 and State Highway 95 in Flatonia, Texas. The Commission will consider the application, the hearing request, public comments, the Office of Public Interest Counsel's Response to Request for Hearing and Public Comments that have been timely filed on the application. (Clifton Wise/Carol Lear)
Refer to State Office Administrative Hearing with instruction to Expedient Hearing, with Instructions to Judge regarding issues to consider, RH/JB. All Commissioners Agree
Item carried forward from Agenda of May 26, 1999.
Item 2. Docket No. 1998-1057-RUL. Consideration for adoption of amendments to 30 TAC Chapter 115, Subchapter A, Section 115.10, concerning Definitions; Subchapter C, concerning Volatile Organic Compound Transfer Operations: Division 1, Sections 115.211-115.217 and 115.219, concerning Loading and Unloading of Volatile Organic Compounds; Division 2, Sections 115.221-115.227 and 115.229, concerning Filling of Gasoline Storage Vessels (Stage I) for Motor Vehicle Fuel Dispensing Facilities; Division 3, Sections 115.234-115.237 and 115.239, concerning Control of Volatile Organic Compound Leaks from Transport Vessels; and revisions to the State Implementation Plan regarding these revisions. If adopted, these amendments would extend to 95 counties in the eastern half of Texas the Chapter 115 rules for Stage I vapor recovery, gasoline terminals, gasoline bulk plants, and gasoline tank-truck leak testing which currently apply in the Beaumont/Port Arthur, El Paso, Houston/Galveston, and Dallas/Fort Worth ozone nonattainment areas. The amendments would also reorganize and modify existing portions of these Chapter 115 rules which apply in these four ozone nonattainment areas and in Aransas, Bexar, Calhoun, Gregg, Matagorda, Nueces, San Patricio, Travis, and Victoria Counties. The proposed amendments were published in the January 1, 1999 issue of the Texas Register (24 TexReg 61). (Eddie Mack/Bill Jordan) (Rule Log No. 98028-115-AI)
Continued to June 30, 1999
Item carried forward from Agenda of May 26, 1999.
Item 3. Docket No. 1998-1410-RUL. Consideration for adoption of amendments to 30 TAC Chapter 114, Subchapter A, Section 114.1, concerning Definitions; and new Subchapter H, Section 114.301, concerning Control Requirements for Reid Vapor Pressure; Section 114.302, concerning Control Requirements for Sulfur; Section 114.305, concerning Approved Test Methods; Section 114.306, concerning Recordkeeping Requirements; Section 114.307, concerning Exemptions; Section 114.308, concerning Alternative Early Implementation; and Section 114.309, concerning Affected Counties; and revisions to the State Implementation Plan regarding these adopted revisions. If adopted, the amendments and new sections would require volatility controls on gasoline in 95 counties of eastern and central Texas and sulfur controls on gasoline in 98 counties of eastern and central Texas. (Bill Jordan/Eddie Mack) (Rule Log No. 98058-114-AI)
Continued to June 30, 1999
Item carried forward from Agenda of May 26, 1999.
Item 4. Docket No. 1999-0553-AGR. Consideration by the Commission of a request for an amendment to a TPDES permit issued to Fabian Almeida for operation of a concentrated animal feeding operation. Permit number 03337. The permittee is proposing construction and operation of a fourth retention control structure and permission to maintain a maximum of 990 dairy cattle. No discharge of pollutants into the waters in the state would be authorized by the permit. The facility is located approximately one mile north on Farm-to-Market Road 2331 from its intersection with State Highway 67 in Johnson County, Texas. The drainage area is Lake Pat Cleburne in Segment No. 1228 of the Brazos River Basin. The Commission will consider the application, the hearing request, public comments, the Office of Public Interest Counsel's Response to Request for Hearing and Public Comments, and the Executive Director's Response to Request for Hearing and Public Comments that have been timely filed on the application. (Marc Sturdivant/Carol Lear)
Grant hearing request and remand to State Office Administrative Hearing, RH/JB. All Commissioners Agree

Huston

Marquez

Baker

CONTESTED AGENDA

Wednesday, June 16, 1999

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.

Room 201S, Bldg. E

12100 Park 35 Circle

Austin, Texas 78711

Hearing Requests
Item 1. Docket No. 1999-0628-MWD. Consideration of permit application # 10879-001, submitted by Galveston County Fresh Water Supply District No. 6 for a major amendment to Permit No. 10876-001, to authorize an increase in the disposal of treated domestic wastewater from a daily average flow not to exceed 250,000 gallons per day to a daily average flow not to exceed 320,000 gallons per day. The plant site is located on the eastern end of Wilson Point in West Bay in Galveston County, Texas. The Commission will also consider hearing requests, related responses and replies, public comment and the Executive Director's response to comments. (Zdenek Matl/Marianne Baker)
Grant hearing request with referral to Alternative Dispute Resolution Office for 4 to 6 weeks, if mediation fails forward to State Office Administrative Hearing, RH/JB. All Commissioners Agree
Item 2. Docket No. 1999-0623-MWD. Consideration of permit application # 13970-001, submitted by SDGA CORPORATION AND AQUASOURCE SERVICES AND TECHNOLOGIES, INC. for a new permit (proposed TPDES Permit No. 13970-001), which authorizes the discharge of treated domestic wastewater with a daily average flow not to exceed 250,000 gallons per day. The wastewater treatment facility will serve a 90-acre residential and commercial area. The plant site is located approximately 1,650 feet north of Research Forest Drive and 6,100 feet west of U.S. Highway 45, west of the City of Shenandoah in Montgomery County, Texas. The Commission will also consider hearing requests, related responses and replies, public comment and the Executive Director's response to comments. (Julian D. Centeno/Marianne Baker)
Application Withdrawn, No Action Required
Item 3. Docket No. 1999-0629-MWD. Consideration of permit application # 13206-001, submitted by TRAVIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 4 for a major amendment to Permit No. 13206-001, to authorize an increase in the disposal of treated domestic wastewater from a daily average flow not to exceed 250,000 gallons per day to a daily average flow not to exceed 720,000 gallons per day and to authorize an increase in the amount of acreage irrigated with treated domestic wastewater from 103.7 acres to 298.7 acres. This permit will not authorize a discharge of pollutants into waters in the State. The wastewater treatment facilities and disposal site are located approximately 5.5 miles northeast of the intersection of State Highway 71 and Farm-to-Market Road 2244 and 0.5 miles north of Barton Creek in Travis County, Texas. The Commission will also consider hearing requests, related responses and replies, public comment and the Executive Director's response to comments. (Firoj Vahora/Marianne Baker)
Grant hearing request and allow 4 to 6 weeks for Alternative Dispute Resolution, if mediation fails forward to State Office Administrative Hearing, BJ/RM. All Commissioners Agree
Item 4. Docket No. 1999-0600-AIR. BUSTER PAVING COMPANY, INC. for Exemption Registration No. 40663 under TNRCC 30 Texas Administrative Code Section 106.21 (formerly known as Standard Exemption 71) to operate a portable concrete batch plant. The location of the proposed facility is located at 1245 Loop 286 Southwest in Paris, Lamar County, Texas. The Commission will consider the application and the hearing requests that have been filed on the application. (Kerri Rowland/Mile Gould)
Deny hearing request and issue exemption registration, JB/RM. All Commissioners Agree
District Matter
Item 5. Docket No. 1999-0400-DIS. Consideration of a Proposed Order Approving the Petition of a Landowner for Dissolution of Cypress Hill Municipal Utility District No. 2 of Harris County. The Petitioner requests that the Commission dissolve the district pursuant to V.T.C.A., Water Code Section 49.231-49.327. (TNRCC Internal Control No. 03021999-D01; Cinty Cartwright)
Approve proposed order approving the petition, JB/RH. Marquez absent for vote.
Extension of Temporary Order
Item 6. Docket No. 1998-1436-UCR. Consideration of an Extension of a Temporary Order pursuant to Tex. Water Code ch. 5, subch. L. to extend the appointment of Canyon Ridge Investment as Temporary Manager of the Siesta Estates Mobile Home Park sewer service system in Randall County, Texas owned, operated, and/or managed by Bruce Frank doing business as Siesta Estates Mobile Home Park, pursuant to Chapters 5,7, and 13 of the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Mary R. Risner)
Remand to Executive Director
Emergency Order
Item 7. Docket No. 1999-0726-UCR. Consideration of the issuance of an Emergency Order under Texas Water Code, Section 13.041(d) requiring Harris County Water Control and Improvement District No. 92 to provide a temporary emergency interconnection for the provision of continuous and adequate water utility service to a 13.49 acre development currently served by Everett Square, Inc. The development is located on Spring Creek Drive in an unincorporated area of Harris County approximately 24 miles north of Houston, Texas and 2.1 miles east of Old Town Spring.
Moved to 1:00 p.m. item #3
Authorization To Construct
Item 8. Docket No. 1999-0692-MWD. Consideration of Greenwood Utility District's request for an Order under Texas Water Code Sections 26.019 and 26.027(c) authorizing commencement of construction of its proposed wastewater treatment facility expansion before Commission consideration of the City's application for a major amendment to its wastewater discharge permit to authorize an increase in the discharge of treated domestic wastewater from a daily average flow not to exceed 850,000 gallons per day to a daily average flow not to exceed 950,000 gallons per day. The wastewater treatment facility is located at 11702 Tidwell Road in Harris County, Texas. The treated effluent is discharged to Greens Bayou Above Tidal in Segment No. 1016 of the San Jacinto River Basin. The designated uses for Segment No. 1016 are limited aquatic life uses and contact recreation. No significant degradation of high quality receiving waters is anticipated. The proposed authorization to construct would not permit an increase in the treatment or discharge of wastewater from the new construction.
Approve Authorization To Construct, RH/RM. All Agree
Affirm, Modify or Set Aside an Emergency Order
Item 9. Docket No. 1999-0561-IWD. Consideration of a Request by Formosa Plastics Corporation, Texas to Affirm, Modify or Set Aside an Emergency Order. The Emergency Order was granted by the Executive Director, without a hearing, on April 30, 1999. The emergency order was granted under Sections 5.501 and 5.509, Texas Water Code (the Code), and 30 Texas Administrative Code (TAC) Sections 35.301-35.303. The Emergency Order authorized an increase of the discharge from internal Outfall 101, at Formosa's Point Comfort Plant, from the current 4.0 million gallons per day (MGD) daily average flow to 5.8 MGD daily average flow for a period not to exceed 180 days. The plant is located in Calhoun County Texas. (Kathy Brown, Chris Linendoll)
Affirm Emergency Order with changes, RH/RM. All Commissioners Agree
Agricultural Enforcement Agreed Orders
Item 10. Docket No. 1998-0929-AGR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Steve Dettle dba Dettle Feedyard in Sherman County; No Permit; for water quality violations pursuant to TEX. WATER CODE chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Tommy Nisbet)
Issue Agreed Order, RH/RM. All Agree
Item 11. Docket No. 1998-1168-AGR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Hereford Bi-Products dba Stratford Bi-Products in Sherman County; No Permit; for water quality violations pursuant to TEX. WATER CODE chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Tommy Nisbet)
Issue Agreed Order, RH/RM. All Agree
Item 12. Docket No. 1998-0688-AGR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Auke Osinga dba Osinga Dairy in Wood County; Permit No.: No Permit; for water quality violations pursuant to TEX. WATER CODE chs. 7 and 26, and the rules of the Texas Natural Resource Conservation Commission. (Craig Carson)
Issue Agreed Order, RH/RM. All Agree
Public Water Supply Enforcement Agreed Orders
Item 13. Docket No. 1998-0661-PWS-E. Consideration of an Agreed Order assessing administrative penalties against Joy Club of Austin, Inc. in Williamson County; PWS No. 2270121; for drinking water violations pursuant to the Texas Health and Safety Code, Chapter 341 and the rules of the Texas Natural Resource Conservation Commission. (Paul Beasley)
Issue Agreed Order, RM/RH. All Agree
Item 14. Docket No. 1998-1269-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Olivia Schacherl dba Olivia's Quik Stop in Brooks County; Public Water Supply No. 0240010; for drinking water quality violations pursuant to the Texas Health & Safety Code Chapter 341 and the rules of the Texas Natural Resource Conservation Commission. (Sandy Van Cleave)
Issue Agreed Order, RM/RH. All Agree
Item 15. Docket No. 1998-1452-PWS-E. Consideration of an Agreed Order assessing administrative penalties against SMS Financial, L.L.C. and SMS Texas Financial, L.L.C. dba Country Village Mobile Home Estates in Midland County; PWS No. 1650111; for drinking water quality violations pursuant to the Texas Health & Safety Code Chapter 341 and the rules of the Texas Natural Resource Conservation Commission. (Julie Talkington)
Issue Agreed Order, RM/RH. All Agree
Item 16. Docket No. 1998-1165-PWS-E. Consideration of an Agreed Order assessing administrative penalties against Christian Tabernacle dba In The Beginning Day Care in Harris County; PWS No. 1012697; for drinking water quality violations pursuant to the Texas Health and Safety Code Chapter 341 and the rules of the Texas Natural Resource Conservation Commission. (Julie Talkington)
Issue Agreed Order, RM/RH. All Agree
Public Water Supply Enforcement Default Orders
Item 17. Docket No. 1996-1723-PWS-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Noble Enloe, doing business as Tanglewood Forest Water System in San Jacinto County; TNRCC ID No. 2040054; for public drinking water violations pursuant to Chapter 314 of the Texas Health & Safety Code and the rules of the Texas Natural Resource Conservation Commission. (John Peeler)
Issue Default Order, JB/RM. All Commissioners Agree
Item 18. Docket No. 1996-1975-PWS-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Joseph McConley dba Metro Land & Investments dba Martin Creek Estates in Johnson County; TNRCC ID No. 1260122; for drinking water and utility violations pursuant to Chapter 341 of the Texas Health & Safety Code, Chapter 13 of the Texas Water Code, and the rules of the Texas Natural Resource Conservation Commission. (John Peeler)
Issue Default Order, JB/RM. All Commissioners Agree
Industrial Waste Discharge Enforcement Agreed Orders
Item 19. Docket No. 1998-1359-IWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Lubbock dba Lubbock Power & Light in Lubbock County; Registration No. L-03195; for water quality violations pursuant to TEX. WATER CODE chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Karen Berryman)
Issue Agreed Order, JB/RH. All Commissioners Agree
Item 20. Docket No. 1998-1019-IWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Ravago America Corporation in Waller County; Water Quality Permit No. 03567; for water quality violations pursuant to TEX. WATER CODE chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Brian Lehmkuhle)
Issue Agreed Order, JB/RH. All Commissioners Agree
Petroleum Storage Tank Enforcement Agreed Orders
Item 21. Docket No. 1998-0945-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Mr. Abraham Daly dba Abe's Mart in Galveston County; PST Facility ID No. 0034586; for petroleum storage tank violations pursuant to TEX. HEALTH & SAFETY CODE, TEX. WATER CODE, and the rules of the Texas Natural Resource Conservation Commission. (Thomas Jecha)
Issue Agreed Order, RH/JB. All Commissioners Agree
Item 22. Docket No. 1997-1075-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the Pep Boys - Manny Moe & Jack in Tarrant County; TNRCC ID Nos. 47430 and 44031; for petroleum storage tank violations pursuant to Chapter 26 of the Texas Water Code, Chapter 382 of the Texas Health & Safety Code, and the rules of the Texas Natural Resource Conservation Commission. (John Peeler)
Issue Agreed Order, RH/JB. All Commissioners Agree
Item 23. Docket No. 1998-0899-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Chuck Vaiculevich dba Cedar Park Fina in Williamson County; TNRCC ID No. 532512; for petroleum storage tank violations pursuant to Chapters 7 and 26 of the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (John Peeler)
Issue Agreed Order, RH/JB. All Commissioners Agree
Petroleum Storage Tank Shut Down Orders
Item 24. Docket No. 1999-0184-PST-E. Consideration of a Shutdown Order requiring certain actions of Young Kwon dba Kountry Korner in Montague County; TNRCC ID. No. 49573; for petroleum storage tank violations pursuant to Chapter 26 of the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (John Peeler)
Remand to Executive Director
Item 25. Docket No. 1999-0353-PST-E. Consideration of a Shutdown Order requiring certain actions of Richard A. Domenick dba Central Transport International, Inc. dba C.C. Southern in El Paso County; TNRCC ID No. 19996; for petroleum storage tank violations pursuant to Chapter 26 of the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (John Peeler)
Issue Agreed Order, RM/RH. All Commissioners Agree
Item 26. Docket No. 1999-0198-PST-E. Consideration of a Shutdown Order requiring certain actions of Rajni Patel dba Southwood Food Mart in Angelina County; TNRCC ID No. 0004821; for petroleum storage tank violations pursuant to Chapter 26 of the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (John Peeler)
Remand to Executive Director, RM/RH. All Commissioners Agree
Item 27. Docket No. 1999-0330-PST-E. Consideration of a Shutdown Order requiring certain actions of Gary Scalf dba Mandy's Racing Fuel in Harris County; TNRCC ID No. 0060575; for petroleum storage tank violations pursuant to Chapter 26 of the Texas Water Code and rules of the Texas Natural Resource Conservation Commission. (John Peeler)
Issue Agreed Order, RM/RH. All Commissioners Agree
Item 28. Docket No. 1999-0295-PST-E. Consideration of a Shutdown Order requiring certain actions of Habibco Corporation, Inc. dba Whistle Stop in Travis County; TNRCC ID No. 4055; for petroleum storage tank violations pursuant to Chapter 26 of the Texas Water Code and the rules of the Texas Natural Resource Conservation commission. (John Peeler)
Remand to Executive Director
On-Site Sewage Installer Default Order
Item 29. Docket No. 1998-0788-OSS-E. Consideration of a Default Order assessing administrative penalties against Bill Whitten in Williamson County; TNRCC ID No. 5923; for on-site sewage installer violations pursuant to Chapter 366 of the Texas Health & Safety Code, Chapter 7 of the Texas Water Code, and the rules of the Texas Natural Resource Conservation Commission. (M. Camille Morris)
Issue Default Order, RH/RM. All Commissioners Agree
Municipal Waste Discharge Enforcement Agreed Orders
Item 30. Docket No. 1997-0921-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Yeh's Brothers, Inc., dba Days Inn Intercontinental Airport in Harris County; TNRCC ID No. 12138-001; for water quality violations pursuant to Chapter 26 of the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (M. Camille Morris)
Issue Agreed Order, RM/RH. All Commissioners Agree
Item 31. Docket No. 1998-1024-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of CBI Na-Con, Inc. in Harris County; Permit No. 11389-001; for water quality violations pursuant to the Texas Water Code, Chapters 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Michael Meyer)
Issue Agreed Order, RM/RH. All Commissioners Agree
Item 32. Docket No. 1998-0216-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Varco Shaffer, Inc. in Harris County; TNRCC ID No. 11758-001; for a water quality violation pursuant to the Texas Water Code chs. 7 and 26, and the rules of the Texas Natural Resource Conservation Commission. (M. Camille Morris)
Issue Agreed Order, RM/RH. All Commissioners Agree
Item 33. Docket No. 1998-0263-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Pat G. Champan, Sr. in Harris Country; TNRCC ID No. 13184-001; for water quality violations pursuant to Chapter 26 of the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Nathan Block)
Issue Agreed Order, RM/RH. All Commissioners Agree
Item 34. Docket No. 1998-0867-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Groves in Jefferson County; Water Quality Permit No. 10094-002; for water quality violations pursuant to Texas Water Code, Chapters 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Brian Lehmkuhle)
Issue Agreed Order, RM/RH. All Commissioners Agree
Item 35. Docket No. 1998-1442-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of FelCor Airport Utilities, L.L.C. in Harris County; Permit No. 11159-001; for water quality violations pursuant to TEX. WATER CODE chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Stacey Young)
Issue Agreed Order, RM/RH. All Commissioners Agree
Item 36. Docket No. 1998-1398-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Montgomery County Municipal Utility District No. 24 in Montgomery County; Permit No. 11789-001; for water quality violations pursuant to the TEXAS WATER CODE chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Sheila Smith)
Issue Agreed Order, RM/RH. All Commissioners Agree
Item 37. Docket No. 1998-1081-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of City of Kosse in Limestone County; Permit No. 11405-001; for water quality violations pursuant to the TEX. WATER CODE chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Michael Meyer)
Issue Agreed Order, RM/RH. All Commissioners Agree
Industrial Hazardous Waste Enforcement Agreed Orders
Item 38. Docket No. 1997-0357-IHW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Robert Tomko in Tarrant County; TNRCC ID No. F0072; for industrial and hazardous waste violations pursuant to the Texas Solid Waste Disposal Act, Chapter 361 of the Texas Health & Safety Code, and the rules of the Texas Natural Resource Conservation Commission. (Cecily Small Gooch)
Issue Agreed Order, RH/JB. All Commissioners Agree
Item 39. Docket No. 1998-0293-IHW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Galveston Environmental Services, Inc. in Galveston County; TNRCC ID No. None; for industrial and hazardous waste violations pursuant to the Texas Solid Waste Disposal Act, Chapter 361 of the Texas Health & Safety Code, and the rules of the Texas Natural Resource Conservation Commission. (Cecily Small Gooch)
Issue Agreed Order, RH/JB. All Commissioners Agree
Industrial Hazardous Waste Amendment to Agreed Order
Item 40. Docket No. 1998-0723-IHW-E. Consideration of an Amendment to an August 19, 1991 Agreed Order that assessed administrative penalties and required certain actions of Technicoat, Inc., Fenton Havins, Sr., and Cytec Industries in Tarrant County; TNRCC ID No. 30068; which would allow remediation of the Site that is the subject of the Agreed Order to proceed according to the Commission's Risk Reduction Rules or other applicable guidance approved by the Executive Director. (Cecily Small Gooch)
Approve Amendment to the Agreed Order, JB/RM. All Commissioners Agree
Landscape Irrigators Installers Agreed Order
Item 41. Docket No. 1996-1927-LII-E. Consideration of an Agreed Order assessing administrative penalties against Mr. Randy Collins and Mr. Chris Wise dba Randy Collins Sprinklers, dba Sprinklers by Randy and Chris, and dba Collins and Wise Sprinklers in Harris County; TNRCC ID No. M-17451; for landscape irrigation installation violations pursuant to Chapter 34 of the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (M. Camille Morris)
Issue Agreed Order, RH/JB. All Commissioners Agree
Multi Media Enforcement Agreed Order
Item 42. Docket No. 1998-1212-MLM-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Valley By Products, Inc. in El Paso County; Account No. EE-1074-H, Water Quality Permit No. 01243-000; for air quality and water quality violations pursuant to the Texas Clean Air Act, TEX. Health & Safety Code ch. 382, TEX. WATER CODE chs. 7 and 26, and the rules of the Texas Natural Resource Conservation Commission. (Victor Ayala)
Issue Agreed Order, RM/RH. All Commissioners Agree
Air Enforcement Agreed Order
Item 43. Docket No. 1998-1148-AIR-E. Consideration of an Agreed Order assessing administrative penalties and resolving an Enforcement action against Ali Saatsaz dba Reliable Used Cars in Dallas County; Account No. DB-4968-J; for air quality violations pursuant to the Texas Clean Air Act, TEX. HEALTH & SAFETY CODE ch. 382, TEX. WATER CODE ch. 7 and the rules of the Texas Natural Resource Conservation Commission. (Michael De La Cruz)
Issue Agreed Order, RM/RH. All Commissioners Agree
Air Enforcement Agreed Orders for Extensions of Deadlines
Item 44. Docket No. 1997-0018-AIR-E. Consideration of the Extension of an Agreed Order deadline regarding Bludworth Bond Shipyard, Inc. in Galveston County; TNRCC ID No. HX-1192-D; pursuant to the Texas Clean Air Act, Chapter 382 of the Texas Health & Safety Code, and the rules of the Texas Natural Resource Conservation Commission. (Mary R. Risner and David Duncan)
See Item # 56
Item 45. Docket No. 1996-1519-AIR-E. Consideration of the Extension of an Agreed Order deadline regarding Bludworth Bond Shipyard, Inc. in Galveston County; TNRCC ID No. GB-0593-H; pursuant to the Texas Clean Air Act, Chapter 382 of the Texas Health & Safety Code, and the rules of the Texas Natural Resource Conservation Commission. (Mary R. Risner and David Duncan)
Remand to Executive Director
Edwards Aquifer Enforcement Agreed Order
Item 46. Docket No. 1998-1013-EAQ-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Robco Properties, Ltd. in Medina County; for water quality violations and failure to pay Public Health Service fees pursuant to Texas Health & Safety Code, Chapter 341, Texas Water Code, Chapters 7 and 26, and the rules of the Texas Natural Resource Conservation Commission. (Craig Carson)
Issue Agreed Order, RM/RH. All Commissioners Agree
Sludge Enforcement Agreed Order
Item 47. Docket No. 1998-0836-SLG-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Mr. Bruce Duncan dba Blackie's Pump Service in Hansford County; Transporter Registration No. 22311; for sludge transporter violations pursuant to TEX. HEALTH & SAFETY CODE ch. 361, TEX WATER CODE ch. 7, and the rules of the Texas Natural Resource Conservation Commission. (Craig Carson)
Issue Agreed Order, RH/RM. All Commissioners Agree
Rules
Item 48. Docket No. 1998-1297-RUL. Consideration for adoption of the rules review and readoption of 30 TAC Chapter 70, with amendments to Subchapters A - C, concerning Enforcement. If approved, the amendments would clarify the rules to make them more clearly consistent with provisions of Texas Water Code, Chapters 5 and 7; Texas Government Code, Chapter 2001, the Administrative Procedure Act; and the Texas Rules of Civil Procedure. This action is taken to comply with the General Appropriations Act, Article IX, Section 167, 75th Legislature, 1997. The proposal was published in the January 29, 1999, issue of the Texas Register (24 TexReg 498). (Tracy Harrison) (Rule Log No. 98053-070-AD)
Approve Adoption, with changes as recommended by Commissioner Marquez, RM/RH. All Commissioners Agree
Item 49. Docket No. 1998-1335-RUL. Consideration for the adoption of the rules review and readoption of 30 TAC Chapter 101, concerning General Rules. This review complies with the General Appropriations Act, Article IX, Section 167, 75th Legislature, 1997, which requires state agencies to review and consider for readoption rules adopted under the Administrative Procedure Act. The proposed notice of review was published in the January 29, 1999 edition of the Texas Register (24 TexReg 608). (Beecher Cameron) (Rule Log No. 98071-101-AI)
Continued to June 30, 1999
Item 50. Docket No. 1999-0449-RUL. Consideration for publication of, and hearing upon, the proposed rules review and repeal of 30 TAC Chapter 119, concerning Control of Air Pollution from Carbon Monoxide. This action constitutes the commission's review of the rules contained in Chapter 119 in accordance with the General Appropriations Act, Article IX, Section 167, 75th Legislature, 1997. The commission has reviewed the rules, has determined that a need for the rules no longer exists, and proposes their repeal. (Beecher Cameron) (Rule Log No. 98035-119-AI)
Approve Publication & Hearing, RM/RH. All Commissioners Agree
Item 51. Docket No. 1999-0639-RUL. Consideration for publication of proposed notice of review of 30 TAC Chapter 333, concerning Brownfields Initiatives, as required by the General Appropriations Act, Article IX, Section 167, 75th Legislature, 1997. If approved, announcement of review and hearing will be published for comment in the Texas Register. (Charles Epperson) (Rule Log No. 99005-333-WS)
Approve Publication, RH/RM. All Commissioners Agree
EXECUTIVE SESSION
Item 52. Docket No. 1999-0024-EXE. THE COMMISSION WILL CONDUCT A CLOSED MEETING TO RECEIVE LEGAL ADVICE AND WILL DISCUSS PENDING OR CONTEMPLATED LITIGATION, SETTLEMENT OFFERS, AND/OR THE APPOINTMENT, EMPLOYMENT, EVALUATION, REASSIGNMENT, DUTIES, DISCIPLINE OR DISMISSAL OF SPECIFIC COMMISSION EMPLOYEES, as permitted by Sections 551.071 and 551.074, the Open Meetings Act, codified as Chapter 551 of the Government code. No final action, decision or vote with regard to any legal or personnel matter considered in the closed meeting shall be made in the absence of further notice issued in accordance with Chapter 551 of the Government Code.
No Action Taken
Item 53. Docket No. 1999-0025-EXE. THE COMMISSION WILL CONDUCT A CLOSED SESSION TO DISCUSS THEIR DUTIES, ROLES, AND RESPONSIBILITIES AS COMMISSIONERS OF THE TNRCC PURSUANT TO SECTION 551.074 OF THE OPEN MEETINGS ACT, CODIFIED AS CHAPTER 551 OF THE GOVERNMENT CODE. The Commission may also meet in open session to take action on this matter as required by Section 551.102 of the Texas Open Meetings Act, Chapter 551 of the Government Code.
No Action Taken
(PERSONS WITH DISABILITIES WHO PLAN TO ATTEND THE TNRCC AGENDA AND WHO MAY NEED AUXILIARY AIDS OR SERVICES SUCH AS INTERPRETERS FOR PERSONS WHO ARE DEAF OR HEARING IMPAIRED, READERS, LARGE PRINT, OR BRAILLE ARE REQUESTED TO CONTACT DOUG KITTS IN THE OFFICE OF THE CHIEF CLERK AT (512) 239-3317 AT LEAST TWO (2) WORK DAYS PRIOR TO THE AGENDA, SO THAT APPROPRIATE ARRANGEMENTS CAN BE MADE.) (PERSONS WHO DESIRE THE ASSISTANCE OF AN INTERPRETER IN CONJUNCTION WITH THEIR ORAL PRESENTATION AT THIS TNRCC AGENDA ARE REQUESTED TO CONTACT DOUG KITTS IN THE OFFICE OF CHIEF CLERK AT (512) 239-3317 AT LEAST FIVE (5) WORK DAYS PRIOR TO THE AGENDA SO THAT APPROPRIATE ARRANGEMENTS CAN BE MADE.)
REGISTRATION FOR AGENDA STARTS AT 8:45 A.M. UNTIL 9:30 A.M. PLEASE REGISTER BETWEEN THESE TIMES. LATE REGISTRATION COULD RESULT IN YOUR MISSING THE OPPORTUNITY TO COMMENT ON YOUR ITEM.


ADDENDUM TO AGENDA

Wednesday, June 16, 1999

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.

Room 201S, Bldg E.

12100 Park 35 Circle

Item 54. Docket No. 1999-0706-RPT. Consideration to approve the following report: The February 1999 Update to the State of Texas Water Quality Management Plan (1 report), as a certified update to the State of Texas Water Quality Management Plan (WQMP). After approval by the Commission, the documents are transferred to the Environmental Protection Agency for their approval as updates to the WQMP in order to satisfy federal water quality management planning requirements. (T. Weber)
Approve Report, RH/JB. All Commissioners Agree


OLD BUSINESS AGENDA

Wednesday, June 16, 1999

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

1:00 p.m.

Room 201S, Bldg E.

12100 Park 35 Circle

Item carried forward from Agenda of March 24, 1999 and May 12, 1999.

Item 1. TNRCC Docket No. 1998-0345-UCR; SOAH Docket No. 582-98-0993: Consideration of Administrative Law Judge's Proposal for Decision and Order concerning the application of Everet Square, Inc. to amend CCN No. 12831 to provide water service to a 13.49-acre development in Harris County, Texas. Recommendation: The ALJ recommends that the application to amend the CCN be denied. (K. Smith)
Remand to Executive Director, JB/RH. All Commissioners Agree


AGENDA

Wednesday, June 16, 1999

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

1:00 p.m.

Room 201S, Bldg E.

12100 Park 35 Circle

Item 1. TNRCC Docket Nos. 1998-0377-UCR; 1998-0378-UCR; SOAH Docket No. 582-98-0994. Application of City of Pearland to Amend its Certificate of Convenience and Necessity (CCN) Nos. 11008 and 20403 in Brazoria and Harris Counties. RECOMMENDATION: The Administrative Law Judge (ALJ) recommends that the application to amend the CCN be granted, resulting in dual certification.
Grant Exceptions of the Executive Director to Proposal for Decision and Order and deny dual certification to City of Pearland, RM/RH. All Commissioners Agree


ADDENDUM TO AGENDA

Wednesday, June 16, 1999

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

1:00 p.m.

Room 201S, Bldg E.

12100 Park 35 Circle

Item 2. Docket No. 1998-0743-UCR. Consideration of a Motion for Reconsideration filed by Associates Utilities Company regarding the Executive Director's order issued April 2, 1999 concerning Application Number 32042-R by Associates Utilities Company for a water utility rate/tariff increase in Brazoria, Henderson, Matagorda, San Jacinto, Trinity, Tyler and Van Zandt Counties; Certificate of Convenience and Necessity Number 10265.
Grant Motion for Reconsideration and Remand item to Executive Director, RM/RH. All Commissioners Agree
Item 3. Docket No. 1999-0726-UCR. Consideration of the issuance of an Emergency Order under Texas Water Code, Section 13.041(d) requiring Harris County Water Control and Improvement District No. 92 to provide a temporary emergency interconnection for the provision of continuous and adequate water utility service to a 13.49 acre development currently served by Everett Square, Inc. The development is located on Spring Creek Drive in an unincorporated area of Harris County approximately 24 miles north of Houston, Texas and 2.1 miles east of Old Town Spring.
Withdraw and Remand to Executive Director, JB/RH. All Commissioners Agree


SECOND ADDENDUM TO AGENDA

Wednesday, June 16, 1999

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.

Room 201S, Bldg E.

12100 Park 35 Circle

Authorization to Construct
Item 55. Docket No. 1999-0743-MWD. Consideration of Martinville Independent School District's (Martinville ISD) request for an Order under Texas Water Code Sections 26.019 and 26.027(c) authorizing commencement of construction of its proposed wastewater treatment facility before Commission consideration of Martinville ISD's application for a TPDES permit. The facility will serve new school improvements that need to be in operation by mid-August. The proposed permit, if granted, will authorize a daily average flow of 0.008 million gallons per day. The facility will be located at the southwest corner of the intersection of State Highway 7 and Farm-to-Market Road 95, 12.7 miles west of the City of Nacogdoches in Nacogdoches County, Texas. The treated effluent will be discharged into an unnamed tributary, to Terrapin Creek, to Segment 0612 of Attoyac Bayou. The designated uses for Segment 0612 are contact recreation, high aquatic life uses, and public water supply.(Fread Houston, Kent Trede)
Approve Authorization to Construct, RH/RM. All Commissioners Agree
Air Enforcements Agreed Orders for Extension of

Deadlines

Item 56. Docket No. 1997-0018-AIR-E. Consideration of the Extension of an Agreed Order deadline regarding John Bludworth Marine, Incorporated in Harris County; TNRCC ID No. HX-1192-D; pursuant to the Texas Clean Air Act, Chapter 382 of the Texas Health & Safety Code, and the rules of the Texas Natural Resource Conservation Commission. (Mary R. Risner and David Duncan)
Remand to Executive Director