AGENDA

Wednesday, August 11, 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, August 11, 1999

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.

Room 201S, Bldg E.

12100 Park 35 Circle

Item carried forward from Agenda of May 26, 1999.
Item 1. Docket No. 1995-0663-AIR-E. Consideration of terminating an Agreed Order that assessed administrative penalties and required certain actions of TXI Operations, L.P. (formerly Texas Industries, Inc.) in Ellis County; TNRCC ID No. ED-0066-B; for air quality violations 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. (Lisa Uselton Dyar)
See Item #44


ADDENDUM TO OLD BUSINESS AGENDA

Wednesday, August 11, 1999

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.

Room 201S, Bldg E.

12100 Park 35 Circle

Item carried forward from agenda of July 28, 1999.
Item 2. Docket No. 1999-0891-RES. Consideration of a resolution continuing the existence of the Advisory Committee for Water Utility Operator Certification until August 31, 2001. This action will also appoint members to the Advisory Committee for Water Utility Operator Certification. (Fread Houston/Lopez)
Continued to August 25, 1999


HUSTON
MARQUEZ
BAKER

AGENDA

Wednesday, August 11, 1999

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.

Room 201S, Bldg E.

12100 Park 35 Circle

Hearing Request
Item 1. Docket No. 1999-0865-IWD. Consideration of permit application no. 01251, submitted by TEXAS UTILITIES ELECTRIC COMPANY for a major amendment to TNRCC Permit No. 01251 to include a temporary variance for total aluminum and total copper at Outfalls 001 and 002 and to authorize an additional discharge point for cooling tower blowdown and stormwater as a component of Outfall 002. The current permit authorizes the discharge of low volume wastewater on an intermittent and flow variable basis via Outfall 001 and low volume waste water, cooling tower blowdown, and stormwater at a daily average flow not to exceed 2,300,000 gallons per day via Outfall 002. Issuance of this Texas Pollutant Discharge Elimination System (TPDES) permit will replace the existing National Pollutant Discharge Elimination System (NPDES) Permit No. TX0001015 issued on March 26, 1993 and TNRCC Permit No. 01251 issued March 12, 1993. The applicant operates the Parkdale Steam Electric Station. The plant site is located at 5770 Parkdale Drive, on the east side of White Rock Creek at the confluence of Forney Branch and White Rock Creek, in the City of Dallas, Dallas County, Texas. The Commission will also consider hearing requests, related responses and replies, public comment and the Executive Director's response to comments. (Yvonna Pierce/Anthony Tatu)
Remanded to Executive Director
Item 2. Docket No. 1999-0856-MWD. Consideration of permit application no. 14045-001, submitted by MR. ARTHUR LOUIS SMALLEY III & MR. JOSEPH MARK DOOLEY for a new permit (Proposed TPDES Permit No. 14045-001), to authorize the discharge of treated domestic wastewater at a daily average flow not to exceed 99,000 gallons per day. The plant site is located approximately 1.9 miles west northwest of the intersection of Sawdust Road and Interstate Highway 45 in Montgomery County, Texas. The Commission will also consider hearing requests, related responses and replies, public comments and the Executive Director's response to comments.
Deny Hearing Request, and adopt Executive Director's Response to Comments, RM/JB. All Commissioners Agree
Item 3. Docket No. 1999-0864-MWD. Consideration of permit application no. 13865-001, submitted by TEXCO FINANCIAL CORPORATION for a new permit (proposed TPDES Permit No. 13865-001), to authorize the discharge of treated domestic wastewater with a daily average flow not to exceed 49,000 gallons per day. The plant site is located approximately 800 feet north of County Road 128 and approximately 2000 feet east of County Road 143 in Brazoria County, Texas. The Commission will also consider hearing requests, related responses and replies, public comment and the Executive Director's response to comments.
Approve hearing request and remand to Alternative Dispute Resolution, if Alternative Dispute Resolution fails remand to State Office Administrative Hearings with instruction to limit hearing, RH/JB. All Agree
Item 4. Docket No. 1999-0857-MWD. Consideration of permit application no. 13806-001, submitted by FAIRVIEW JOINT VENTURE for renewal of Permit No. 13806-001, which authorizes the discharge of the treated domestic wastewater at a daily average flow not to exceed 3,500 gallons per day. The site is located east of U.S. Route 75, one mile south of the intersection of State Route 121 and U.S. Route 75 in Collin County, Texas. The Commission will also consider hearing requests, related responses and replies, public comment and the Executive Director's response to comments. (Curtis Seaton/Emily Rogers)
Deny hearing request and adopt Executive Director's Response to Comments, RH/JB. All Commissioners Agree
Item 5. Docket No. 1999-0863-MWD. Consideration of permit application no. 13928-001, submitted by Trailcreek Enterprises, Inc. for a new permit, proposed Texas Pollutant Discharge Elimination System (TPDES) Permit No. 13928-001, to authorize the discharge of treated domestic wastewater at a daily average flow not to exceed 35,000 gallons per day. The plant site is located approximately 300 feet southeast of the intersection of Farm-to-Market Road 156 on property adjacent to the City of Justin's sewage treatment plant in Denton County, Texas. The Commission will also consider hearing requests, related responses and replies, public comment and the Executive Director's response to comments. (Phillip Urbany/Emily Rogers)
Deny hearing request and adopt Executive Director's Response to Comments, JB/RM. Motion Withdrawn, JB/RM. Continued to August 25, 1999, allow Alternative Dispute Resolution to mediate and in 2 weeks and allow oral argument, RH/RM. All Agree
Authorization to Construct
Item 6. Docket No. 1999-0900-ATC. Consideration of a Request by MNC/Telge Huffmeister Corporation for an Order authorizing construction of a wastewater treatment plant, in Harris County, Texas, before Commission consideration of its application for a wastewater permit under Sections 26.019 and 26.027(c) of the Texas Water Code. The proposed authorization to construct would not permit the use of the newly constructed wastewater treatment system. (Tina Amberboy/John Foulds)
Approve Authorization to Construct with corrections to order, RH/RM. All Agree
Multi-Media Enforcement Agreed Order
Item 7. Docket No. 1998-1022-MLM-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Tahoe Industries, Inc. in Travis County; TNRCC Air ID. No. TH0190C and TNRCC Solid Waste ID. No. 40276; for air quality and solid waste violations pursuant to Chapter 26 of the Texas Waste Code, Chapter 361 and 382 of the Texas Health & Safety Code, and the rules of the Texas Natural Resource Conservation Commission. (Robin S. Houston)
Approve Agreed Order, RH/JB. All Agree
Landscape Irrigators Installer Default Orders
Item 8. Docket No. 1998-0542-LII-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Mike Hansen in Montgomery County; TNRCC ID No. None; for landscape irrigation violations pursuant to Chapter 34 of the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Richard O'Connell).
Issue Default Order, RH/RM. All Agree
Item 9. Docket No. 1996-1873-LII-E. Consideration of a Default Order assessing administrative penalties against David Sanders in Tarrant County; TNRCC ID No. LI0004837; for landscape irrigator installer violations pursuant to Chapter 34 of the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Nathan Block)
Issue Default Order, RH/RM. All Agree
Irrigator Enforcement Agreed Order
Item 10. Docket No. 1999-0039-IRR-E. Consideration of an Agreed Order assessing administrative penalties against Mr. Russell Milne dba Four Seasons and Associates in Harris County; Landscape Irrigator License No. Not Licensed; for irrigator licensing violations pursuant to TEX. WATER CODE chs. 7 and 34 and the rules of the Texas Natural Resource Conversation Commission. (Karen Berryman)
Issue Agreed Order, JB/RM. All Agree
Industrial Waste Discharge Enforcement Agreed Orders
Item 11. Docket No. 1998-0912-IWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of FKP, Inc. in Harris County; TNRCC ID No. 03889; for water quality violations pursuant to Chapters 7 and 26 of the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Booker Harrison)
Issue Agreed Order, RM/JB. All Agree
Edwards Aquifer Enforcement Agreed Order
Item 12. Docket No. 1999-0037-EAQ-E. Consideration of an Agreed Order assessing administrative penalties of Continental Homes of Texas, L.P. in Travis County; Edwards Aquifer Protection Program Plan No. 98081903; for water quality violations pursuant to the Texas Water Code Chapters 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Kelly J. Waldo)
Issue Agreed Order, RM/JB. All Agree
Edwards Aquifer Enforcement Default Order
Item 13. Docket No. 1998-0458-EAQ-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of William Frank in Williamson County; TNRCC ID No. None; 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)
Remand to Executive Director
On-Site Sewage Facility Enforcement Default Order
Item 14. Docket No. 1998-0909-OSS-E. Consideration of a Default Order assessing administrative penalties of Patrick Payton in Dallas County; TNRCC ID No. 5761; for on-site sewage installer violations pursuant to Chapter 366 of the Texas Health & Safety Code and the rules of the Texas Natural Resource Conservation Commission. (Mary Risner)
Issue Default Order, RH/RM. All Agree
On-Site Sewage Facility Installer Default Order
Item 15. Docket No. 1998-0787-OSI-E. Consideration of a Default Order assessing administrative penalties against Charles Keith Fields in Navarro County; TNRCC Installer Certificate of Registration No. 19; for on-site sewage installer violations pursuant to Chapter 366 of the Texas Health and Safety Code and the rules of the Texas Natural Resource Conservation Commission. (Mary Risner)
Issue Default Order, RM/RH. All Agree
On-Site Sewage Installers Enforcement Agreed Orders
Item 16. Docket No. 1998-0278-OSI-E. Consideration of an Agreed Order assessing administrative penalties of James Wilganowski in Robertson County; TNRCC ID No. 1716; for on-site sewage installer violations pursuant to Chapter 366 of the Texas Health & Safety Code and the rules of the Texas Natural Resource Conservation Commission. (Mary Risner)
Issue Agreed Order, RH/RM. All Agree
Item 17. Docket No. 1998-0203-OSI-E. Consideration of an Agreed Order assessing administrative penalties against Edwin Hempel in Coryell County; TNRCC ID No. 3527; for on-site sewage installer violations pursuant to Chapter 366 of the Texas Health & Safety Code and the rules of the Texas Natural Resource Conservation Commission. (Mary Risner)
Issue Agreed Order, RH/RM. All Agree
Public Water Supply Enforcement Agreed Orders
Item 18. Docket No. 1998-1324-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of San Pedro Canyon Water Company in Val Verde County; Public Water Supply No. 2330011; for drinking water violations pursuant to the Texas Health & Safety Code Chapter 341, Texas Water Code Chapter 5, and the rules of the Texas Natural Resource Conservation Commission. (Elvia Maske)
Issue Agreed Order, RM/RH. All Agree
Item 19. Docket No. 1998-1351-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Villita West Condominiums, in Travis County: Public Water Supply No. 2270337; 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. (Cindy Bronnenberg, Terry Thompson)
Issue Agreed Order, RM/RH. All Agree
Item 20. Docket No. 1998-0791-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Prairie Grove Water Supply Corporation in Angelina County; TNRCC ID No. 0030027; for public drinking water violations pursuant to Chapter 341 of the Texas Health & Safety Code and the rules of the Texas Natural Resource Conservation Commission. (David Speaker)
Issue Agreed Order, RM/RH. All Agree
Item 21. Docket No. 1998-0842-PWS-E. Consideration of an Agreed Order assessing administrative penalties against Naushad Virani dba Circle B One Stop in Harris County; TNRCC ID No. 12497; for public drinking water violations pursuant to Chapter 341 of the Texas Health & Safety Code and the rules of the Texas Natural Resource Conservation Commission. (David Speaker)
Issue Agreed Order, RM/RH. All Agree
Item 22. Docket No. 1999-0070-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Saint Thomas More Catholic Church in Travis County; Public Water Supply No. 2270292; for drinking water quality violations pursuant to Texas Health & Safety Code Chapter 341 and the rules of the Texas Natural Resource Conservation Commission. (Steven Lopez)
Issue Agreed Order, RM/RH. All Agree
Item 23. Docket No. 1996-1966-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of May Carson dba Cornudas Restaurant and Cafe Water System in Hudspeth County; TNRCC ID No. 1150013; for public drinking water violations pursuant to Chapter 341 of the Texas Health & Safety Code and the rules of the Texas Natural Resource Conservation Commission. (David Speaker)
Issue Agreed Order, RM/RH. All Agree
Item 24. Docket No. 1998-0310-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Nolan County Fresh Water Supply District No. 1 in Nolan County; TNRCC ID No. 12296; for public drinking water violations pursuant to Chapter 341 of the Texas Health & Safety Code and the rules of the Texas Natural Resource Conservation Commission. (David Speaker)
Issue Agreed Order, RM/RH. All Agree
Item 25. Docket No. 1998-1453-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Mike Fisher dba Western Oaks Village in Tarrant County; Public Water Supply ID No. 2200211; for drinking water quality violations pursuant to the Tex. Health & Safety Code ch. 341 and the rules of the Texas Natural Resource Conservation Commission. (Michael De La Cruz)
Issue Agreed Order, RM/RH. All Agree
Public Water Supply Enforcement Default Orders
Item 26. Docket No. 1998-0003-PWS-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Norman Barnett and Burnette Clay dba Villa Utilities aka Reed Estates Water System in Harris County; TNRCC ID No. 1010945; for public drinking water violations pursuant to Chapter 341 of the Texas Health & Safety Code and the rules of the Texas Natural Resource Conservation Commission. (David Speaker)
Issue Default Order, RM/JB. All Agree
Item 27. Docket No. 1998-0594-PWS-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Carol Norra dba North Fork Mobile Home Park in Harris County; TNRCC ID No. 1011926; for public drinking water violations pursuant to Chapter 341 of the Texas Health & Safety Code and the rules of the Texas Natural Resource Conservation Commission. (David Speaker)
Issue Default Order, RM/JB. All Agree
Municipal Waste Discharge Enforcement Agreed Orders
Item 28. Docket No. 1998-0971-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Ridge Harbor Utility Company in Burnet County; Permit No. 13631; for water quality violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Merrilee Gerberding)
Issue Agreed Order, RH/RM. All Agree
Item 29. Docket No. 1998-0906-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Center in Shelby County; Water Quality Permit No. 10063-003; for water quality violation pursuant to TEX. WATER CODE chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Brian Lehmkuhl, Susan Kelly)
Issue Agreed Order, RH/RM. All Agree
Item 30. Docket No. 1998-1383-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of City of Detroit in Red River County; Water Quality Permit No. 10724-001; for water quality violations pursuant to TEXAS WATER CODE, chs. 7 and 26, and the rules of the Texas Natural Resource Conservation Commission. (Eric Reese)
Issue Agreed Order, RH/RM. All Agree
Petroleum Storage Tank Enforcement Agreed Orders
Item 31. Docket No. 1998-1300-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Laique & Son, Inc. dba Star Food Mart in Tarrant County; PST Facility ID No. 0063907; for petroleum storage tank violations pursuant to Texas Health & Safety Code ch. 382 and Texas Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Julia McMasters)
Issue Agreed Order, RM/RH. All Agree
Item 32. Docket No. 1998-1259-PST-E. Consideration of an Agreed Order assessing administrative penalties against Sammy's Grocery, Incorporated in Harris County; TNRCC ID No. 0045487; for petroleum storage tank violations pursuant to Chapter 26 of the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Heather Otten)
Issue Agreed Order, RM/RH. All Agree
Item 33. Docket No. 1998-1176-PST-E. Consideration of an Agreed Order assessing administrative penalties against Zubada Memon Enterprises, Inc. and Anees Admani dba AZ Food Store in Harris, County; TNRCC ID No. 00496455; for petroleum storage tank violations pursuant to Chapter 382 of the Texas Health and Safety Code and the rules of the Texas Natural Resource Conservation Commission. (Heather C. Otten)
Issue Agreed Order, RM/RH. All Agree
Item 34. Docket No. 1998-1161-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Exxon Company, U.S.A. in Harris County; TNRCC ID No. 26685; 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. (Heather C. Otten)
Issue Agreed Order, RM/RH. All Agree
Item 35. Docket No. 1998-0693-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Circle T Quick Stop, Inc. in Galveston County; TNRCC ID No. 39052; for petroleum storage tank violations pursuant to Chapter 26 of the Texas Water Code, Chapter 382 of the Texas Health and Safety Code, and the rules of the Texas Natural Resource Conservation Commission. (Heather C. Otten)
Issue Agreed Order, RM/RH. All Agree
Item 36. Docket No. 1998-0111-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Arthur M. Gonzalez, Gonz, Inc., and Riaz Enterprises, Inc. in Harris County; TNRCC ID No. 55032; for air quality violations pursuant to Chapter 382 of the Texas Health & Safety Code and the rules of the Texas Natural Resource Conservation Commission. (Heather C. Otten)
Issue Agreed Order, RM/RH. All Agree
Item 37. Docket No. 1998-0756-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Ismat B. Boulos in Harris County; TNRCC ID No. 0026686; for petroleum storage tank violations pursuant to Chapter 26 of the Texas Water Code, Chapter 382 of the Texas Health and Safety Code, and the rules of the Texas Natural Resource Conservation Commission. (Heather Otten)
Issue Agreed Order, RM/RH. All Agree
Petroleum Storage Tank Enforcement Default Orders
Item 38. Docket No. 1998-0330-PST-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Mr. Darrell Williams in Dallas County; TNRCC ID Enforcement No. 11855; 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. (Heather C. Otten)
Issue Default Order, JB/RM. All Agree
Item 39. Docket No. 1998-0935-PST-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Shaban Jannesari dba S. Mart Foods in Harris County; TNRCC ID No. 34848; for petroleum storage tank violations pursuant to Chapter 386 of the Texas Health and Safety Code and the rules of the Texas Natural Resource Conservation Commission. (Heather C. Otten)
Remand to Staff, RH/JB. All Agree
Petroleum Storage Tank Enforcement Shut Down Orders
Item 40. Docket No. 1999-0317-PST-E. Consideration of a Shut Down Order requiring certain actions of Huong Nguyen dba Today's Store in Jackson County; TNRCC No. 48238; for petroleum storage tank violations pursuant to Chapter 26 of the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Richard S. O'Connell)
Continued to August 25, 1999, RH/RM. All Agree
Item 41. Docket No. 1999-0276-PST-E. Consideration of a Shut Down Order requiring certain actions of the The New Jats Corporation dba Graham Food Market and Laundromat in Young County; TNRCC ID No. 43157; for petroleum storage tank violations pursuant to Chapter 26 of the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Richard S. O'Connell)
Issue Shutdown Order, RH/RM. All Agree
Item 42. Docket No. 1999-0322-PST-E. Consideration of a Shut Down Order requiring certain actions of J. M. Craven dba Craven Truck Center in Gonzales County; TNRCC ID No. 20129; for petroleum storage tank violations pursuant to Chapter 26 of the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Richard S. O'Connell)
Remand to Executive Director
Air Enforcement Agreed Orders
Item 43. Docket No. 1998-0853-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of KarKlean, Inc. dba Vintage Car Wash in El Paso County; TNRCC ID No. EE-0988-E; for air quality violations 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. (M. Camille Morris)
Issue Agreed Order, RH/JB. All Agree
Item 44. Docket No. 1995-0663-AIR-E. Consideration of an Agreed Order to terminate a June 16, 1995 Agreed Order that assessed administrative penalties and required certain actions of TXI Operations, L.P. (formerly Texas Industries, Inc.) in Ellis County; TNRCC ID No. ED-0066-B; for air quality violations pursuant to the Texas Clean Air Act, Chapter 382 of the Texas Health & Safety Code, and the rules of the Texas Natural Resource Conservation
Approve Agreed Order to Terminate, RH/RM. All Agree
Item 45. Docket No. 1998-0835-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Clay Seal in Hall County; TNRCC ID No. HB-0021-R; for air quality violations 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. (M. Camille Morris)
Issue Agreed Order, RH/JB. All Agree
Item 46. Docket No. 1998-1343-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Reynolds Metals Company in Tarrant County; Account No. TA-0236-L; for air quality and waste violations pursuant to the TEX. HEALTH & SAFETY CODE chs. 361 and 382, TEX. WATER CODE ch. 7, and the rules of the Texas Natural Resource Conservation Commission. (Michael De La Cruz)
Issue Agreed Order, RH/JB. All Agree
Item 47. Docket No. 1998-1540-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Drilling Specialties Company in Montgomery County; Account No. MQ-0023-L; for air quality violations pursuant to the Texas Clean Air Act, Texas Health & Safety Code ch. 382, the Texas Water Code ch.7, and the rules of the Texas Natural Resource Conservation Commission. (John Wilson)
Issue Agreed Order, RH/JB. All Agree
Item 48. Docket No. 1998-0843-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Rosendo Alvizo, Jr. dba R & A Marble in Collin County; TNRCC ID No. CP-0442-R; for air violations 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. (M. Camille Morris)
Issue Agreed Order, RH/JB. All Agree
Item 49. Docket No. 1997-0829-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Permian Producers, Inc. in Midland County; TNRCC ID No. ML0319T; for air quality violations 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. (M. Camille Morris)
Issue Agreed Order, RH/JB. All Agree
Item 50. Docket No. 1998-1298-AIR-E. Consideration of an Agreed Order assessing administrative penalties against John Cox in Galveston County; TNRCC ID No. GB-0525-B: for air violations 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. (M. Camille Morris)
Issue Agreed Order, RH/JB. All Agree
Item 51. Docket No. 1998-0110-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Oso Cotton Burrs, Inc. in Nueces County; TNRCC ID No. NE0333L; for air quality violations pursuant to the Texas Clean Air Act, Chapter 382 of the Texas Health and Safety Code, and the rules of the Texas Natural Resource Conservation Commission. (Laura Kohansov)
Issue Agreed Order, RH/JB. All Agree
Air Enforcement Default Order
Item 52. Docket No. 1998-0900-AIR-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Larry Williams dba Wilco Auto Repair in Grayson County; TNRCC ID No. GI-0215-L; for air violations 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. (M. Camille Morris)
Issue Default Order, RH/JB. Marquez absent for vote
Industrial Hazardous Waste Enforcement Supplemental Agreed Order
Item 53. Docket No. 1997-0404-IHW-E. Consideration of a Supplemental Agreed Order relating to the June 24, 1997, Agreed Order by designating and authorizing Chevron U.S.A. Inc. relative to the Port Arthur Refinery to utilize U.S.A., Inc. to a Corrective Action Management Unit ("CAMU") for the management and disposal of remediation wastes from the Facility, located in Port Authur, Jefferson County; TNRCC ID No. SWR 30004; 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. (Mary Risner)
Approve Supplemental Agreed Order, with changes, RH/RM. All Agree
Rules
Item 54. Docket No. 1999-0473-RUL. Consideration for adoption of amendments to 30 TAC Chapter 106, Exemptions from Permitting, Section 106.494, concerning Pathological Waste Incinerators. If adopted, the amendments would allow a greater range of setbacks from property lines for exempt pathological waste incinerators used at animal feeding operations. The proposal was published in the May 14, 1999 issue of the Texas Register (24 TexReg 3683). (Beecher Cameron) (Rule Log No. 99001-106-AI)
Approve Adoption, RM/JB. All Agree
Item 55. Docket No. 1999-0373-RUL. Consideration for adoption of amendments to the following Sections of 30 Texas Administrative Code Chapter 335, concerning Industrial Solid Waste and Municipal Hazardous Waste, and for submission to the Coastal Coordination Council of a request for certification:
Section 335.1 - Definitions
Section 335.2 - Permit Required, and
New Section 335.25 - Handling, Storing, Processing, Transporting, and Disposing of Poultry Wastes.
The amendments and new section would implement Senate Bill 1910, 75th Legislature, relating to the regulation of poultry operations, and would incorporate new definitions, address permit requirements, and specify acceptable methods for processing and disposal of poultry carcasses. The proposal was published in the May 21, 1999 issue of the Texas Register (24 TexReg 3832). (Hector Mendieta) (Rule Log No. 97157-335-WS)
Approve Adoption with changes, RH/JB. All Agree
Item 56. Docket No. 1999-0073-RUL. Consideration for:
1. adoption of the review of 30 TAC Chapter 330, Subchapters M - P, S, T, and Y, concerning Municipal Solid Waste;
2. readoption with amendments of rules contained in 30 TAC Chapter 330, Subchapters M - P, S, T, and Y, concerning Municipal Solid Waste in accordance with the General Appropriations Act, Article IX, Section 167, 75th Legislature, 1997;
3. adoption of amendments to 30 TAC Chapter 7, concerning Memoranda of Understanding;
4. adoption of the repeal of 30 TAC Chapter 330, Subchapters Q, R, U, V, and Z, concerning Municipal Solid Waste; and
5. adoption of new 30 TAC Chapter 328, concerning Waste Minimization and Recycling.
The rule review was conducted in accordance with Article IX, 167, General Appropriations Act, 75th Legislature, 1997. If adopted, the rules will be clarified for readability, organization will be improved and obsolete provisions will be deleted as part of the commission's regulatory reform initiative. No substantive changes have been made.
The Chapter 7 proposal was published in the March 26, 1999, issue of the Texas Register (24 TexReg 2162); the Chapter 328 proposal was published in the March 19, 1999, issue of the Texas Register (24 TexReg 1910); and the Chapter 330 proposal was published in the March 19, 1999, issue of the Texas Register (24 TexReg 1939). The proposal for Rule Review was published in the March 19, 1999, issue of the Texas Register (24 TexReg 2031). (John Forehand, Vic Ramirez) (Rule Log No. 98056-330-WS)
See #61
EXECUTIVE SESSION
Item 57. 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 58. 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, August 11, 1999

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.

Room 201S, Bldg E.

12100 Park 35 Circle

Item 59. Docket No. 1999-0858-AGR. Consideration by the Commission of a Texas Pollutant Discharge Elimination System permit application by Borderland Feeders, Ltd. to operate an existing beef cattle operation at a maximum capacity of 8,000 head. No discharge of pollutants into the waters in the state would be authorized by the permit. The facility is located approximately 2.75 miles southeast of Clint, on the northeast side of Tx Hwy. 76 two miles from its intersection with Farm-to-Marked (FM) 1110 in El Paso County, Texas. The facility is in the drainage area of the Rio Grande River below Diversion Dam in Segment No. 2307 of the Rio Grande River Basin. The Commission will consider the application, hearing requests, 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. (Melanie Murray/Vic Ramirez)
Deny hearing request, JB/RH. All Agree
Item 60. Docket No. 1999-0859-AGR. Consideration of permit application no. 04087, submitted by Vall Inc. for a new Texas Pollutant Discharge Elimination System (TPDES) permit authorizing the applicant to operate a concentrated animal feeding operation (CAFO) for a swine facility with a maximum of 54,000 head in Sherman County, Texas. No discharge of pollutants into the waters in the state is authorized by the permit except as a result chronic or catastrophic rainfall event. The facility will be located on the east side of Texas Highway 119, approximately 14 miles south of the city of Texhoma, in Sherman County, Texas. The commission will also consider hearing requests related responses and replies, public comment and the Executive Director's response to comments. (Emily Rogers/Richard Behal)
Deny hearing request, accept Executive Director's Response but correct page 2 of Response to Comments, RH/JB. All Agree


SECOND ADDENDUM TO AGENDA

Wednesday, August 11, 1999

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.

Room 201S, Bldg E.

Item 61. Docket No. 1999-0073-RUL. Consideration for the adoption of the review of 30 TAC Chapter 330, Subchapters M - V, and Y - Z, concerning Municipal Solid Waste, and the readoption with amendments of rules contained in 30 TAC Chapter 330, Subchapters M - P, S, T, and Y, concerning Municipal Solid Waste in accordance with the General Appropriations Act, Article IX, Section 167, 75th Legislature, 1997. In conjunction with the rules review, the following additional actions are being considered:
1. adoption of new sections 7.121 - 7.123 in 30 TAC Chapter 7, concerning Memoranda of Understanding;
2. adoption of the repeal of 30 TAC Chapter 330, Subchapters Q, R, U, V, and Z, concerning Municipal Solid Waste; and
3. adoption of new 30 TAC Chapter 328, concerning Waste Minimization and Recycling.
If adopted, the readability of the rules will be clarified, organization will be improved, and obsolete provisions will be deleted as part of the commission's regulatory reform initiative. No substantive changes have been made.
The Chapter 7 proposal was published in the March 26, 1999, issue of the Texas Register (24 TexReg 2162); the Chapter 328 proposal was published in the March 19, 1999, issue of the Texas Register (24 TexReg 1910); and the Chapter 330 proposal was published in the March 19, 1999, issue of the Texas Register (24 TexReg 1939). The proposal for Rule Review was published in the March 19, 1999 issue of the Texas Register (24 TexReg 2031). (John Forehand, Vic Ramirez) (Rule Log No. 98056-330-WS)
See Item #62


THIRD ADDENDUM TO AGENDA

Wednesday, August 11, 1999

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.

Room 201S, Bldg E.

Item 62. Docket No. 1999-0073-RUL. Consideration for the adoption of the review of 30 TAC Chapter 330, Subchapters M - V, and Y - Z, concerning Municipal Solid Waste. The review was conducted in accordance with the General Appropriations Act, Article IX, Section 167, 75th Legislature, 1997. In conjunction with the rules review, the following additional actions are being considered:
1. the readoption with amendments of rules contained in 30 TAC Chapter 330, Subchapters M, N, P, and S, and the readoption without amendments of rules contained in 30 TAC Chapter 330, Subchapters O, T, and Y.
2 adoption of new sections 7.121 - 7.123 in 30 TAC Chapter 7, concerning Memoranda of Understanding;
3. adoption of the repeal of 30 TAC Chapter 330, Subchapters Q, R, U, V, and Z, concerning Municipal Solid Waste; and
4. adoption of new 30 TAC Chapter 328, concerning Waste Minimization and Recycling.
If adopted, the readability of the rules will be clarified, organization will be improved, and obsolete provisions will be deleted as part of the commission's regulatory reform initiative. No substantive changes have been made.
The Chapter 7 proposal was published in the March 26, 1999, issue of the Texas Register (24 TexReg 2162); the Chapter 328 proposal was published in the March 19, 1999, issue of the Texas Register (24 TexReg 1910); and the Chapter 330 proposal was published in the March 19, 1999, issue of the Texas Register (24 TexReg 1939). The proposal for Rule Review was published in the March 19, 1999 issue of the Texas Register (24 TexReg 2031). (John Forehand, Vic Ramirez) (Rule Log No. 98056-330-WS)
Approve Adoption and readoption with changes, RH/RM. All Agree