AGENDA

Wednesday, August 25, 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 25, 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 1. Docket No. 1999-0239-PST-E. Consideration of a Shut Down Order requiring certain action of Naushad Virani and Al Hadi, Inc. in McLennan County; TNRCC ID No. 20766; for petroleum storage tank violations pursuant to Chapter 26 of the Texas Water Code and the Rules of the Texas Natural Resource Conservation Commission. (Laura Kohansov)
Approve Shut Down Order, RM/JB. All Agree.
Item carried forward from agenda of July 28, 1999.
Item 2. Docket No. 1999-0240-PST-E. Consideration of a Shut Down Order requiring certain actions of Naushad Virani and Al Hadi, Inc. in McLennan County; TNRCC ID No. 20784; for petroleum storage tank violations pursuant to Chapter 26 of the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Laura Kohansov)
Approve Shut Down Order, RM/JB. All Agree.
Item carried forward from agenda of July 28, 1999.
Item 3. Docket No. 1999-0761-RUL. Consideration for publication of a proposed amendment to 30 TAC Chapter 335, Section 335.324, concerning Facility Fee Assessment. The proposed amendment will lower the annual facility fee for facilities which are both wholly unbuilt and permitted for either Class 1 industrial solid waste or hazardous waste. (Brenda Foster/Patricia Hershey) (Rule Log No. 98034-335-WS)
Approve Publication, RH/RM. All Agree.


ADDENDUM TO OLD BUSINESS AGENDA

Wednesday, August 25, 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, and August 11, 1999.
Item 4. 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)
Approve Resolution, RM/RH.
Item carried forward from Agenda of August 11, 1999.
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)
Continued to September 15, 1999.
Item carried forward from August 11, 1999.
Item 6. 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)
Remand to Executive Director, RH/RM. All Agree.


HUSTON
MARQUEZ
BAKER

AGENDA

Wednesday, August 25, 1999

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.

Room 201S, Bldg E.

12100 Park 35 Circle

Hearing Requests
Item 1. Docket No. 1999-0924-AIR. SOUTHWEST SPRAY PAINTERS for Air Quality Permit No. 35589 to construct a Fastner Heat Coating Facility. The location of the proposed facility is 1702 Jack McKay Boulevard in Ennis, Ellis County, Texas. The Commission will consider the application and the hearing requests filed on the application. (Kerri Rowland/Lee Wilson)
Grant Hearing Request to Mr. Hellstern and forward to Alternative Dispute Resolution for four to six weeks and if mediation fails forward to State Office Administrative Hearings, RH/RM. All Agree.
Item 2. Docket No. 1999-0931-MWD. Consideration of permit application no. 14007-001, submitted by AQUASOURCE DEVELOPMENT CO. for a new permit, proposed Texas Pollutant Discharge Elimination System (TPDES) Permit No. 14007-001, to authorize the discharge of treated domestic wastewater at a daily average flow not to exceed 130,000 gallons per day. The plant site is located approximately 7,150 feet northwest of the point where Rose Hill Road crosses Spring Creek and approximately 12,550 feet north-northeast of the intersection of Farm-to-Market Road 2920 and Mueschke Road 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. (Kent Trede/Carol Lear)
Deny hearing request and grant application and approve comments of the Executive Director, JB/RM. All Agree.
Request for Exemption
Item 3. Docket No. 1999-0989-IHW. Consideration of an application for a Regulatory Flexibility Order submitted by ISP Technologies, Inc. pursuant to Teas Water Code Section 5.123 and 30 Texas Administrative Code Chapter 90. The application requests an exemption from the definition of solid waste in Texas Health and Safety Code Section 361.003(34) and 30 Texas Administrative Code Section 335.1(119) for certain specified waste streams generated at the applicant's plant located at 4501 Attwater Avenue, Texas City, Galveston County, Texas 77590. The application states that the waste streams meet the criteria for comparable fuels in 40 Code of Federal Regulations Section 261.38. ISP proposes to ship these materials to its plant in Calvert City, Kentucky to be burned in a boiler for energy recovery in lieu of natural gas. (Bill Shafford/Angela Stepherson)
Approve order as proposed, RM/JB. All Agree.
Contract
Item 4. Docket No. 1999-0959-CON. Consideration of approval of a contract between the Texas Natural Resource Conservation Commission and the State Office of Administrative Hearings (SOAH), to provide payment to SOAH for services to be rendered during the Fiscal Year beginning 09/01/1999 and ending 08/31/2000. The Commission may delegate approval authority.
General Counsel delegated approval authority, JB/RH. All Agree.
Resolution
Item 5. Docket No. 1999-1008-RES. Commission approval of a resolution continuing the Compost Refund Program.
Approve Resolution, RH/JB. All Agree.
Air Enforcement Agreed Orders
Item 6. Docket No. 1998-1541-AIR-E. Consideration of an Agreed Order assessing administrative penalties and resolving an enforcement action against Reliant Energy Houston Lighting & Power - T.H. Wharton Electric Generating Station in Harris County; Account No. HG-0357-S; for air quality violations pursuant to the Texas Clean Air Act, TEX. HEALTH & SAFETY CODE ch. 382 and TEX. WATER CODE ch. 7 and the rules of the Texas Natural Resource Conservation Commission. (Faye Liu)
Issued Agreed Order, RM/RH. All Agree.
Item 7. Docket No. 1998-1488-AIR-E. Consideration of an Agreed Order assessing administrative penalties and resolving an enforcement action against Borger Energy Associates, L.P. in Hutchinson County; Account No. HW-0081-I; for air quality violations pursuant to the Texas Clean Air Act, Texas Health & Safety Code ch. 82, and the Texas Water Code ch. 7, and the rules of the Texas Natural Resource Conservation Commission. (Saied Ashraf and Sheila Smith)
Issue Agreed Order, RM/RH. All Agree.
Item 8. Docket No. 1998-1338-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Mr. Lorenzo Borrego dba Borrego Motors in El Paso County; Account No. EE-0772-G; for air quality violations pursuant to the Texas Clean Air Act, TEX. HEALTH & SAFETY CODE ch. 382 and TEX. WATER CODE ch. 7 and the rules of the Texas Natural Resource Conservation Commission. (Mario Balderrama/Stacey Young)
Issue Agreed Order, RM/RH. All Agree.
Item 9. Docket No. 1998-1172-AIR-E. Consideration of an Agreed Order assessing administrative penalties of Fast Lube Incorporated in El Paso County; TNRCC ID No. EE-0880-C; 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. (Mary Risner)
Issue Agreed Order, RM/RH. All Agree.
Item 10. Docket No. 1997-0220-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Felix Escobedo dba Felix and Sons Body Shop in Harris County; TNRCC ID No. HX-0679-A; 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. (Mary Risner)
Issue Agreed Order, RM/RH. All Agree.
Item 11. Docket No. 1997-0743-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Ubaldo Gomez dba JLG Trucking in El Paso County; TNRCC ID No. EE-0466-Q; 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 Conservation Commission. (Mary Risner)
Issue Agreed Order, RM/RH. All Agree.
Item 12. Docket No. 1998-0854-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Chevron U.S.A., Inc. in El Paso County; TNRCC ID No. EE-0015-H; for air quality violations pursuant to the Texas Clean Air Act, Chapter 382 of the Texas Health & Safety Code, Texas Water Code ch. 7, and the rules of the Texas Natural Resource Conservation Commission. (Mary Risner)
Issue Agreed Order, RM/RH. All Agree.
Item 13. Docket No. 1998-1299-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of American Hat Company,Inc.in Montgomery County; Account No. MQ-0283-G; for air quality violations pursuant to the Texas Clean Air Act, the Texas Health and Safety Code ch. 382, the Texas Water Code Ch. 7, and the rules of the Texas Natural Resource Conservation Commission. (Matthew Kolodney and Miriam Hall)
Issue Agreed Order, RM/RH. All Agree.
Item 14. Docket No. 1998-1400-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Curiel Construction, Inc., and Curiel Trucking, Inc. in El Paso County; TNRCC ID No. EE-0739-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. (Mary Risner)
Issue Agreed Order, RM/RH. All Agree.
Item 15. Docket No. 1998-1344-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Safety-Kleen Systems, Incorporated in Denton County; Air Account No. DF-0042-K; for air quality violations pursuant to the Texas Clean Air Act, Texas Solid Waste Act, TEX. HEALTH & SAFETY CODE chs. 361 and 382, TEX. WATER CODE chs. 7 and 26, and the rules of the Texas Natural Resource Conservation Commission. (Michael De La Cruz)
Issue Agreed Order, RM/RH. All Agree.
Item 16. Docket No. 1999-0228-AIR-E. Consideration of an Agreed Order assessing administrative penalties and resolving an enforcement action against W. R. Meadows, Incorporated in Tarrant County; Account No. TA-1014-B; 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. (Sheila Smith)
Issue Agreed Order, RM/RH. All Agree.
Item 17. Docket No. 1999-0356-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of U.S. Denro Steels, Inc., Chambers County; Air Account No. CI-0170-H; for air quality; violations pursuant to 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. (Ruth Cleveland and Miriam Hall)
Issue Agreed Order, RM/RH. All Agree.
Multi-Media Agreed Orders
Item 18. Docket No. 1998-0765-MLM-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Deaf Smith County Fresh Water Supply District No. 1 in Deaf Smith County; Public Water Supply No. 059002; for water quality and drinking water quality violations pursuant to the Texas Water Code Chapter 7 and 26, the Texas Health and Safety Code Chapter 341 and the rules of the Texas Natural Resource Conservation Commission. (Sandy VanCleave)
Issue Agreed Order, RH/JB. All Agree.
Item 19. Docket No. 1998-0009-MLM-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of W. R. Coffey, dba C & L Land Development and Athens Land Company; and C & L Investments Co., Inc. in Henderson County; TNRCC ID No. 1070235; for public drinking water violations pursuant to Chapter 341 of the Texas Health & Safety Code and Chapter 13 of the Texas Water Code; for on-site sewage violations pursuant to Chapter 366 of the Texas Health & Safety Code; and for water quality violations pursuant to Chapter 26 of the Texas Water Code, and the rules of the Texas Natural Resource Conservation Commission. (Paul Sarahan)
Issue Agreed Order, RH/JB. All Agree.
Item 20. Docket No. 1998-0580-MLM-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Amerada Hess Corporation in Nueces County; TNRCC ID No. 39033, TNRCC Permit No. 02070; for industrial and hazardous waste violations and water quality violations pursuant to Chapter 361 of the Texas Health and Safety Code, Chapter 26 of the Texas Water Code, and the rules of the Texas Natural Resource Conservation Commission. (Paul C. Sarahan)
Issue Agreed Order, RH/JB. All Agree.
Item 21. Docket No. 1999-0112-MLM-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of R & R Remediation Services, Inc. in Bexar County; TNRCC ID No. 84235 and PST ID No. 81073; for municipal solid waste violations pursuant to the Texas Solid Waste Disposal Act, Chapter 361 of the Texas Health & Safety Code, Chapter 26 of the Texas Water Code, and the rules of the Texas Natural Resource Conservation Commission. (Paul Sarahan)
Issue Agreed Order, RH/JB. All Agree.
Industrial Waste Discharge Enforcement Agreed Orders
Item 22. Docket No. 1998-1358-IWD-E. Consideration of an Agreed Order assessing administrative penalties of General Motors Corporation in Harris County; Leaking Petroleum Storage Tank Site L-91748; for water quality violations pursuant to the TEX. WATER CODE chs. 7 and 26, the Clean Water Act and the rules of the Texas Natural Resource Conservation Commission. (Michelle Harris)
Issue Agreed Order, JB/RH. All Agree.
Item 23. Docket Nos. 1998-0555-IWD-E & 1998-0556-IWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Chevron Products Company in Harris County; TNRCC ID Nos. L-91463 & L-93787; for water quality violations pursuant to Chapter 26 of the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (William Puplampu)
Issue Agreed Order, JB/RH. All Agree.
Item 24. Docket No. 1998-0484-IWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Broadway Shrimp and Oysters, Inc. in Calhoun County; TNRCC ID No. None; for industrial water quality violations pursuant to the Chapter 26 of the Texas Water Code, and the rules of the Texas Natural Resource Conservation Commission. (William Puplampu)
Issue Agreed Order, JB/RH. All Agree.
Item 25. Docket No. 1998-1379-IWD-E. Consideration of an Agreed Order assessing administrative penalties against the Port of Houston Authority in Harris County; Registration L-102741; 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, JB/RH. All Agree.
Public Water Supply Enforcement Agreed Orders
Item 26. Docket No. 1999-0305-PWS-E. Consideration of an Agreed Order assessing administrative penalties against the City of Mabank in Henderson County; Public Water Supply No. 1290005; 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. (Sandy VanCleave)
Issue Agreed Order, RM/JB. All Agree.
Item 27. Docket No. 1999-0077-PWS-E. Consideration of an Agreed Order assessing administrative penalties against Chong's Associates, Inc. dba Market Square Food Market in Brazoria County; Public Water Supply No. 0200544; for drinking water violations pursuant to the Texas Health and Safety Code Chapter 341 and the rules of the Texas Natural Resource Conservation Commission. (Elvia Maske)
Issue Agreed Order, RM/JB. All Agree.
Item 28. Docket No. 1997-0996-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Rural Bardwell Water Supply Corporation in Ellis County; Public Water System No. 0700023; 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. (Terry Thompson)
Issue Agreed Order, RM/JB. All Agree.
Item 29. Docket No.1999-0076-PWS-E. Consideration of an Agreed Order assessing administrative penalties against Lonny Burnaman dba River Run Water System in Brazoria County; Public Water Supply No. 0200575; for drinking water violations pursuant to the Texas Health & Safety Code Chapter 341 and the rules of the Texas Natural Resource Conservation Commission. (Elvia Maske)
Issue Agreed Order, RM/JB. All Agree.
Item 30. Docket No. 1999-0254-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the Craton Taylor dba 4-T Water Company dba Heritage Oak Addition, in Tarrant County; Public Water Supply No. 2200090 for drinking water quality violations pursuant to the Texas Health & Safety Code Chapter 341 and the rules of the Texas Natural Resource Conservation Commission. (Subhash Jain)
Issue Agreed Order, RM/JB. All Agree.
Item 31. Docket No. 1999-0306-PWS-E. Consideration of an Agreed Order assessing administrative penalties against Sunset Park Water Corporation dba Sunset Park Subdivision in Somervell County; Public Water Supply No. 2130022; for drinking water quality violations pursuant to Texas Health & Safety Code Chapter 341 and the rules of the Texas Natural Resource Conservation Commission. (Sandy VanCleave and Michael De La Cruz)
Issue Agreed Order, RM/JB. All Agree.
Item 32. Docket No. 1999-0100-PWS-E. Consideration of an Agreed Order assessing administrative penalties of Leesa Sumner dba Feed Box in Henderson County; Public Water Supply No. 1070213; for drinking water quality violations pursuant to Texas Health & Safety Code chapter 341 and the rules of the Texas Natural Resource Conversation Commission. (Steven Lopez)
Issue Agreed Order, RM/JB. All Agree.
Item 33. Docket No. 1998-0485-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Vicki Seyer dba Greevilla Mobile Home Park in Galveston County; TNRCC ID No. 0840067; 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. (Heather C. Otten)
Issue Agreed Order, RM/JB. All Agree.
Item 34. Docket No. 1998-0596-PWS-E. Consideration of an Agreed Order assessing administrative penalties against Bilkish Lakhani and Texas Sunnyland Inc. in Brazoria County; TNRCC ID No. 0200436; 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. (Heather C. Otten)
Issue Agreed Order, RM/JB. All Agree.
Item 35. Docket No. 1998-0200-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of W. Oak Phoenix Corporation in Hunt County; PWS No. 1160097; for drinking water quality violations pursuant to the TEX. HEALTH AND SAFETY CODE ch 341 and the rules of the Texas Natural Resource Conservation Commission. (Gilbert Angelle)
Issue Agreed Order, RM/JB. All Agree.
Item 36. Docket No. 1999-0246-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Capri Interests, Inc. in Liberty County; Public Water Supply No. 1460121; for drinking water quality violations pursuant to the Texas Health and Safety Code ch. 341 and the rules of the Texas Natural Resource Conservation Commission. (Gayle Zapalac)
Issue Agreed Order, RM/JB. All Agree.
Municipal Waste Discharge Enforcement Agreed Orders
Item 37. Docket No. 1998-1445-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the Town of Hackberry in Denton County; Permit No. 13434-001; for water quality violations pursuant to TEX. WATER CODE chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Laurie Eaves)
Issue Agreed Order, RH/RM. All Agree.
Item 38. Docket No. 1998-0870-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of City of Mineola in Wood County; Water Quality Permit No. 10349-001; 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.
Item 39. Docket No. 1998-0871-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Pottsboro in Grayson County; Water Quality Permit No. 10591-001; for water quality violations pursuant to TEX. WATER CODE chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Pamela Campbell)
Issue Agreed Order, RH/RM. All Agree.
Item 40. Docket No. 1998-1518-MWD-E. Consideration of an Agreed Order assessing administrative penalties against Acton Municipal Utility District in Hood County; Water Quality Permit No. 11208-001 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, RH/RM. All Agree.
Item 41. Docket No. 1999-0088-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of West Harris County Municipal Utility District No. 10 in Harris County; Water Quality Permit No. 12171-001; 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, RH/RM. All Agree.
Item 42. Docket No. 1998-1115-MWD-E. Consideration of an Agreed Order assessing administrative penalties of SVI Corporation (formerly dba Stockham Valves and Fittings, Inc.) in Montgomery County; TNRCC ID No. 12456-001; for water quality violations pursuant to Chapter 26 of the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Scott McDonald)
Issue Agreed Order, RH/RM. All Agree.
Item 43. Docket No. 1998-0494-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Bob Smith dba Windfern Mobile Home Park in Harris County; TNRCC ID No. 13509-001; for water quality violations pursuant to Chapter 26 of the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Scott McDonald)
Issue Agreed Order, RH/RM. All Agree.
Municipal Waste Discharge Enforcement Amended Agreed Order
Item 44. Docket No. 1997-0637-MWD-E. Consideration of an Amended Agreed Order assessing administrative penalties and requiring certain actions of Craig Penfold dba Village Oaks Mobile Home Community in Denton County; TNRCC ID No. 12667-001; for water quality violations pursuant to the Texas Water Code, Chapter 26, and the rules of the Texas Natural Resource Conservation Commission. (Scott McDonald)
Approve amended agreed order, JB/RM. All Agree.
Agricultural Enforcement Agreed Orders
Item 45. Docket No. 98-0069-AGR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Tom J. Moore Cattle Company, Inc. in Washington County; No TNRCC Permit; for water quality violations pursuant to the Texas Water Code ch. 7 and the rules of the Texas Natural Resource Conservation Commission. (Laurie Eaves)
Issue Agreed Order, RM/RH. All Agree.
Item 46. Docket No. 1998-1047-AGR-E. Consideration of an Agreed Order assessing administrative penalties against Danny Schenk dba North Central Texas Dairy; Expired Water Quality Permit No. 03507; for water quality violation 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 Agree.
Item 47. Docket No. 1999-0476-AGR-E. Consideration of an Agreed Order assessing administrative penalties of Progressive Dairies Texas,Inc., in Erath County; Water Quality Permit No. 02946; for water quality violations pursuant to TEX. WATER CODE chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Eric Reese)
Issue Agreed Order, RM/RH. All Agree.
Item 48. Docket No. 1998-1046-AGR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Johan DeBoer in the Comanche County; TNRCC ID No. None; for confined animal feeding operation water quality violations pursuant to Chafer 26 of the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Nathan Block)
Issue Agreed Order, RM/RH. All Agree.
On-Site Sewage Installer Enforcement Agreed Order
Item 49. Docket No. 1998-1354-OSS-E. Consideration of an Agreed Order assessing administrative penalties of Joel Vestal in Upshur County; Installer Registration No. 1545; for water quality violations pursuant to TEX. HEALTH & SAFETY CODE ch. 366 and TEX. WATER CODE ch. 7 and the rules of the Texas Natural Resource Conservation Commission. (Pamela Campbell)
Issue Agreed Order, RH/RM. All Agree.
Petroleum Storage Tank Enforcement Agreed Orders
Item 50. Docket No. 1997-0968-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Mr. Mohammad D. Munir in Harris County; PST Facility ID No. 0030909; for petroleum storage tank violations pursuant to TEX. HEALTH & SAFETY CODE ch. 382 and the rules of the Texas Natural Resource Conservation Commission. (Trina K.Lewison/Gilbert Angelle)
Issue Agreed Order, RH/RM. All Agree.
Item 51. Docket No. 1997-0692-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of G. B.'s Self Serve, Inc. in Van Zandt County; TNRCC ID No. 27375; 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 Agreed Order, RH/RM. All Agree.
Item 52. Docket No. 1998-0917-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of City of Aransas Pass in San Patricio County; TNRCC ID No. 0058642; 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 Agreed Order, RH/RM. All Agree.
Item 53. Docket No. 1998-1404-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Vaushad Ali Virani dba Honey Stop #1 in Walker County; TNRCC ID No. 0029412; 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 Agreed Order, RH/RM. All Agree.
Item 54. Docket No. 1998-0550-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Yogesh Gandhi dba The Party Keg in Jefferson County; TNRCC ID No. 0006788; 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 Agreed Order, RH/RM. All Agree.
Item 55. Docket No. 1998-1406-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Adan and Melinda Marquez dba Kountry Grocery Store in Starr County; PST Facility ID No. 39333; for petroleum storage tank violations pursuant to the Texas Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Thomas Greimel)
Issue Agreed Order, RH/RM. All Agree.
Petroleum Storage Tank Enforcement Default Orders
Item 56. Docket No. 1998-0560-PST-E. Consideration of a Default Order assessing administrative penalties against Bayou, Inc. in Galveston County; TNRCC ID No. 27224; 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. (Richard S. O'Connell)
Issue Default Order, RM/JB. All Agree.
Item 57. Docket No. 1998-0652-PST-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Haji Memon and Peachtree Stores, Inc. in Dallas County; TNRCC ID No 39407; for petroleum storage tank violations pursuant to Chapter 26 of the Texas Water Code, Chapter 382 of the Health and Safety Code, and the rules of the Texas Natural Resource Conservation Commission. (Richard S. O'Connell)
Remand to Executive Director.
Landscapte Irrigator Enforcement Agreed Order
Item 58. Docket No. 1996-0702-LII-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Dwayne Barker in Bexar County; Texas Landscape/Irrigator License No. 4443; for landscape irrigator installer violations pursuant to Chapter 34 of the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Laura Kahasov)
Issue Agreed Order, JB/RM. All Agree.
Solid Waste Registration Enforcement Agreed Order
Item 59. Docket No. 1998-0506-SWR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Dean Lumber Company, Inc. in Upshur County; TNRCC ID No. 32629; 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. (Ali Abazari)
Issue Agreed Order, JB/RM. All Agree.
Sludge Default Order
Item 60. Docket No. 1998-0303-SLG-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Billy R. Stringer dba National Cleaning Systems in Angelina County; TNRCC ID No. 22176; for sewage sledge violations pursuant to Tex. Water Code chs. 7 and 26 and Tex. Health & Safety Code chs. 361 and 366, and the rules of the Texas Natural Resource Conservation Commission. (William Puplampu)
Issue Default Order, RM/RH. All Agree.
Municipal Solid Waste Enforcement Agreed Order
Item 61. Docket No. 1998-0336-MSW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Fernando Gomez dba Ace Roofing in Harrison County; for municipal solid waste violations pursuant to Texas Solid Waste Disposal Act, Chapter 361 of the Texas Health & Safety Code and the rules of the Texas Natural Resource Conservation Commission. (Scott McDonald)
Issue Agreed Order, JB/RM. All Agree.
Municipal Solid Waste Enforcement Default Order
Item 62. Docket No. 1997-0255-MSW-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Trenton Pickettt in Montague County; TNRCC ID No. None; for municipal solid 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. (Scott McDonald)
Issue Default Order, RH/JB. All Agree.
Industrial Hazardous Waste Enforcement Agreed Orders
Item 63. Docket Nos. 1997-0151-IHW-E & 1998-0579-IHW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of CITGO Refining and Chemicals Co., L.P. in Nueces County; TNRCC ID Nos. 30532, 32501, and NE0027V; for industrial and hazardous waste violations and air quality violations pursuant to Chapters 361 and 382 of the Health and Safety Code and the rules of the Texas Natural Resource Conservation Commission. (Paul Sarahan)
Issue Agreed Order, RM/JB. All Agree.
Item 64. Docket No. 1998-0735-IHW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Nuclear Sources and Services, Inc. in Harris County; TNRCC ID No. 50269; 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. (Paul Sarahan)
Issue Agreed Order, RM/JB. All Agree.
Rules
Item 65. Docket No. 1999-0941-RUL. Consideration for publication of Proposed Notice of Review for 30 TAC Chapter 7, concerning Memoranda of Understanding. This review is in accordance 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. (Jim Dodds) (Rule Log No. 98052-007-AD)
Remand to Executive Director.
Item 66. Docket No. 1999-0938-RUL. Consideration for publication of, and hearing on, proposed revisions to the State Implementation Plan and proposed amendments to the following sections of 30 TAC Chapter 115, Subchapter C, Division 1, concerning Loading and Unloading of Volatile Organic Compounds:
115.211 - Emission Specifications
115.212 - Control Requirements
115.219 - Counties and Compliance Schedules
The proposed amendments delete the emission specification for gasoline bulk plants; and eliminate the requirement to monitor the vapor return line connection between a gasoline terminal vapor collection system and a transport vessel. (Eddie Mack) (Rule Log No. 99053-115-AI).
Approve publication and hearing, RM/RH. All Agree.
Item 67. Docket No. 1999-0889-RUL. Consideration of publication of the proposed repeal of 30 TAC Chapter 328, Subchapter D, concerning Used Oil Filter Collection, Management and Recycling and a proposed new 30 TAC Chapter 328, Subchapter D, concerning Used Oil Filter Management and Recycling.
To comply with House Bill 2619, 76th Legislature (1999) and its new Texas Health and Safety Code, Chapter 371, Subchapter E, the proposal would reduce registration and reporting requirements from annual to biennial for transporter/transfer facilities, storage facilities, and processors; authorize increased storage time at a storage facility from 90 to 120 days; and authorize the commission to grant two-year variances on storage volume limits and storage time limits. The proposal would also repeal essentially all existing rule requirements not supported by the new statute. (Jamie Robinson/Fread Houston) (Rule Log No. 99039-328-WS)
Approve publication of the proposed repeal, JB/RH. All Agree.
Item 68. Docket No. 1999-1006-RUL. Consideration for publication of, and hearing upon, proposed new 30 TAC Chapter 101, Section 101.330, concerning Applicability; Section 101.331, concerning Definitions; Section 101.332, concerning General Provisions; Section 101.333, concerning Allocation of Allowances; Section 101.334, concerning Allowance Transfer; Section 101.335, concerning Allowance Banking; Section 101.336, concerning Emission Monitoring, Compliance Demonstration, and Reporting; and Section 101.337, concerning El Paso Region; and proposed new 30 TAC Chapter 116, Section 116.8, concerning Electric Generating Facility Permit Definitions; Section 116.910, concerning Eligibility; Section 116.911, concerning Electric Generating Facility Permit Application; Section 116.912, concerning Electric Generating Facility Permit Application for Electing Electric Generating Facilities; Section 116.913, concerning General and Special Conditions; Section 116.914, concerning Emission Monitoring Requirements; Section 116.915, concerning Emission Control Changes; Section 116.916, concerning Permits for Facilities in El Paso County; Section 116.920, concerning Public Participation for Initial Issuance; Section 116.921, concerning Notice and Comment Hearings for Initial Issuance; Section 116.922, concerning Notice of Final Action; Section 116.930, concerning Modification; and Section 116.931, concerning Renewal. If adopted, the new sections will establish a permitting and emission credit trading system for granfathered electric generating facilities. All of the sections are proposed as revisions to the State Implementation Plan. (Beecher Cameron) (Rule Log No. 99033-116-AI).
See Item #74.
Item 69. Docket No. 1999-1005-RUL. Consideration for publication of and hearing upon proposed new 30 TAC Chapter 117, Section 117.131, concerning Applicability; Section 117.133, concerning Exemptions; Section 117.135, concerning Emission Specification; Section 117.137, concerning Compliance with Emission Specification Using Banking and Trading of Allowances; and Section 117.515, concerning Compliance Schedule For Utility Electric Generation in East and Central Texas. If adopted, the new sections would require reductions in the emissions of nitrogen oxides from electric generating facilities in east and central Texas. These new sections are also proposed as revisions to the State Implementation Plan. (Beecher Cameron) (Rule Log No. 99046-117-AI).
See Item #75.
Item 70. Docket No. 1999-0929-RUL. Consideration for publication of, and hearing upon, proposed amendments to the following sections of 30 TAC Chapter 116 and revisions to the State Implementation Plan concerning the amendments: Section 116.610, concerning Applicability; Section 116.611, concerning Registration Requirements; and Section 116.614, concerning Standard Permit Fees; and proposed new Section 116.16, concerning Voluntary Emission Reduction Permit Definitions; Section 116.601, concerning Types of Standard Permits; Section 116.602, concerning Issuance of Standard Permits; Section 116.603, concerning Public Participation in Issuance of Standard Permits; Section 116.604, concerning Duration and Renewal of Registrations to Use Standard Permits; Section 116.605, concerning Standard Permit Amendment and Revocation; Section 116.606, concerning Delegation; Section 116.810, concerning Eligibility; Section 116.811, concerning Voluntary Emission Reduction Permit Application; Section 116.812, concerning Project Emission Reduction Credits; 116.813, concerning Application Review Schedule; Section 116.814, concerning General and Special Conditions; Section 116.816, concerning Deferral of Emission Reductions; Section 116.820, concerning Modifications; Section 116.840, concerning Public Participation for Initial Issuance; Section 116.841, concerning Notice and Comment Hearings for Initial Issuance; Section 116.842, concerning Notice of Final Action; Section 116.850, concerning Voluntary Emission Reduction Application Fee; Section 116.860, concerning Voluntary Emission Reduction Permit Renewal; and Section 116.870, concerning Delegation. The proposed amendments and new sections would implement the requirements of Senate Bill 766, 76th Legislature, 1999, concerning voluntary emission reduction permits and standard permits. (Beecher Cameron) (Rule Log No. 99029A-116-AI).
Approve publication and hearing with changes as recommended, RM/RH. All Agree.
EXECUTIVE SESSION
Item 71. 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 72. 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 25, 1999

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.

Room 201S, Bldg E.

12100 Park 35 Circle

Item 73. Docket No. 1999-0923-MWD. Consideration of permit application no. 13118-001, submitted by LEAGUE LINE UTILITIES, L.L.C. for a major amendment to TNRCC Permit No. 13118-001 (proposed TPDES Permit No. 13118-001), to authorize an increase in the discharge of treated domestic wastewater from a daily average flow not to exceed 21,500 gallons per day to a daily average flow not to exceed 300,000 gallons per day. The draft permit authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 150,000 gallons per day. The existing wastewater treatment facility serves the Teaswood subdivision. The proposed wastewater treatment facility will serve an additional 400-acre residential development that surrounds the Teaswood subdivision. The plant site is located approximately 1.5 miles west of Interstate Highway 45 and approximately 2.4 miles northwest of the intersection of State Highway Loop 336 and Interstate Highway 45 and approximately 4.3 miles northwest of the courthouse in the City of Conroe 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. (Monique Norman/Julian Centeno)
Remanded to Executive Director.


SECOND ADDENDUM TO AGENDA

Wednesday, August 25, 1999

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.

Room 201S, Bldg E.

12100 Park 35 Circle

Item 74. Docket No. 1999-1006-RUL. Consideration for publication of, and hearing upon, proposed new 30 TAC Chapter 101, concerning General Rules, Section 101.330, concerning Definitions; Section 101.331, concerning Applicability; Section 101.332, concerning General Provisions; Section 101.333, concerning Allocation of Allowances; Section 101.334, concerning Allowance Transfer; Section 101.335, concerning Allowance Banking; Section 101.336, concerning Emission Monitoring, Compliance Demonstration, and Reporting; and Section 101.337, concerning El Paso Region; and proposed new 30 TAC Chapter 116, concerning Control of Air Pollution by Permits for New Construction or Modification, Section 116.18, concerning Electric Generating Facility Permit Definitions; Section 116.910, concerning Applicability; Section 116.911, concerning Electric Generating Facility Permit Application; Section 116.912, concerning Electric Generating Facility Permit Application for Electing Electric Generating Facilities; Section 116.913, concerning General and Special Conditions; Section 116.914, concerning Emissions Monitoring and Reporting Requirements; Section 116.915, concerning Emission Control Changes; Section 116.916, concerning Permits for Electric Generating Facilities in El Paso County; Section 116.920, concerning Public Participation for Initial Issuance; Section 116.921, concerning Notice and Comment Hearings for Initial Issuance; Section 116.922, concerning Notice of Final Action; Section 116.930, concerning Modifications; and Section 116.931, concerning Renewal. If adopted, the new sections will establish a permitting and emission credit trading system for grandfathered electric generating facilities. All of the sections are proposed as revisions to the State Implementation Plan. (Beecher Cameron) (Rule Log No. 99033-116-AI).
Approve publication and hearing with changes as recommended, RM/RH. All Agree.
Item 75. Docket No. 1999-1005-RUL. Consideration for publication of and hearing upon proposed amendments to 30 TAC Chapter 117, concerning Control of Air Pollution from Nitrogen Compounds, Section 117.10, concerning Definitions; and new Section 117.131, concerning Applicability; Section 117.133, concerning Exemptions; Section 117.135, concerning Emission Specification; Section 117.137, concerning Compliance with Emission Specification Using Banking and Trading of Allowances; Section 117.139, concerning Continuous Demonstration of Compliance; and Section 117.515, concerning Compliance Schedule For Utility Electric Generation in East and Central Texas. If adopted, the new sections would require reductions in the emissions of nitrogen oxides from electric generating facilities in east and central Texas. These new sections are also proposed as revisions to the State Implementation Plan. (Beecher Cameron) (Rule Log No. 99046-117-AI).
No Action Taken, RM/RH. All Agree.


AGENDA

Wednesday, August 25, 1999

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

1:00 p.m.

Room 201S, Bldg E.

12100 Park 35 Circle

Item 1. TNRCC Docket No. 1998-0484-IWD-E; SOAH Docket No. 582-98-1976. Consideration of the Administrative Law Judge's Proposal for Decision and Order against Broadway Shrimp & Oysters, Inc. (Broadway), Gary Van Cunningham and Lynette Cunningham d/b/a Pequod Packing for alleged unauthorized discharges in City of Port Lavaca, Calhoun County.
Adopt Administrative Law Judge's Proposal for Decision and Issue Order, JB/RM. All Agree.
Item 2. TNRCC Docket No. 1998-0608-PST-E; SOAH Docket No. 582-99-0058. Consideration of the Administrative Law Judge's Proposal for Decision and Order for alleged Petroleum Storage Tank violations and requiring corrective actions against Jerry Roberts dba Roberts Grocery and Station, in Greenville, Hunt County, Texas.
Adopt Proposal for Decision and Mr. Roberts be given opportunity to produce records to show his financial inability to pay and forward to TNRCC within 30 days, JB. Motion dies for lack of second. Adopt Proposal for Decision and take action to waive $5,500 provided Mr. Roberts properly closes tanks, within 180 days, if tanks are not closed down properly then $6,000 fine is to be paid, RH/RM. Baker voted no.
Item 3. TNRCC Docket No. 1999-0505-AGR; SOAH Docket No. 582-99-1238. Consideration of the Administrative Law Judge's Proposal for Decision and Order for limited fact findings upon the application of Bryan Berger and Henry Novak d/b/a/ B & N Poultry for TDPES Permit No. 04035, in Gonzales County, Texas.
See Item #4.


ADDENDUM TO AGENDA

Wednesday, August 25, 1999

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

1:00 p.m.

Room 201S, Bldg E.

12100 Park 35 Circle

Item 4. TNRCC Docket No. 1999-0505-AGR; SOAH Docket No. 582-99-1238. Consideration of the Administrative Law Judge's Proposal for Decision and Order for limited fact findings upon the application of Bryan Berger and Henry Novak dba B & N Poultry for TDPES Permit No. 04035, in Gonzales County, Texas. The Commission will also consider a hearing request, related responses and replies, public comment and the Executive Director's response to comments.
Adopt ALJ's PFD and Order and accept the map from the judge as being accurate, RM/RH. All Agree. Deny hearing request and remand application to Executive Director, and accept order as presented by ALJ, RM/RH. All Agree.