AGENDA

Wednesday, September 15, 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, September 15, 1999

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.

Room 201S, Bldg E.

12100 Park 35 Circle

Item carried forward from Agenda of August 11, and August 25, 1999.
Item 1. 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 October 13, 1999


Huston
Marquez
Baker

CONTESTED AGENDA

Wednesday, Sep 15. 1999

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.

12100 Park 35 Circle

Room 201S, Bldg. E

Hearing Requests
Item 1. Docket No. 1999-1021-AIR. ABC CONCRETE INC. for Air Quality Standard Exemption No. 40894 under TNRCC 30 Texas Administrative Code Section 106.201 (formerly known as Standard Exemption 71) to operate a Concrete Batch Plant. The proposed location of the facility is at the intersection of County Road 133 and FM 1660 in Hutto, Williamson County, Texas. The Commission will consider the application and the hearing requests filed on the application. (Garret Arthur/Earl Jones)
Deny Hearing Request and approve application, JB/RH. All Commissioners Agree
Item 2. Docket No. 1999-1028-AGR. Consideration of permit application no. 03200, submitted by Jochum Schievink for a new Texas Pollutant Discharge Elimination System (TPDES) permit to expand an existing concentrated animal feeding operation (CAFO) for a dairy facility from a maximum of 990 head to 1200 head in Erath County, Texas. No discharge of pollutants into the waters in the state is authorized by the permit except as a result of chronic or catastrophic rainfall event. The facility is located on the east side of County Road 285 two miles south of the intersection of County Road 285 with Farm-to-Market Road 219 approximately ten miles southeast of Dublin in Erath County, Texas. The Commission will also consider hearing requests, related responses and replies, public comments, and the Executive Director's response to comments. (Joseph Musa/Robin Smith)
Continued to September 29, 1999
Item 3. Docket No. 1999-1029-AIR. PIONEER CONCRETE OF TEXAS for a renewal of Air Quality Permit No. 4165B to authorize the continued operation of an existing Concrete Batch Plant. The location of the existing facility is 1719 Scyene Road in Mesquite, Dallas County, Texas. The Commission will consider the application and the hearing requests filed on the application. (Garett Arthur/Dois Webb)
Deny Hearing Request and approve application, RM/JB. All Commissioners Agree
Item 4. Docket No. 1999-1020-AIR. SAVELL CONTRACTORS for Air Quality Permit No. 39672 to operate a Concrete Crushing Plant. The location of the existing plant is 4428 Shell Dock Road in Baytown, Chambers County, Texas. The Commission will consider the application and the hearing requests filed on the application. (Arnoldo Medina/Alex Berksan)
Grant Hearing Request to Mr. Lannie and the Thain family. Allow 4 to 6 weeks for Alternative Dispute Resolution, if mediation fails forward to State Office Administrative Hearings, JB/RM. All Commissioners Agree
Item 5. Docket No. 1999-1026-MSW. CITY OF LAREDO for an amendment for a vertical expansion of their existing Type I municipal solid waste landfill and for the acceptance of Class 1 non hazardous industrial solid waste. The permit boundary covers approximately 200 acres. The facility will receive 1,096 tons of municipal solid waste per day. The proposed site is located in Webb County, approximately 2 miles east of the intersection of State Highway 359 and Loop 20 in Laredo. The Commission will consider the application and the hearing requests that have been filed on the application.
Deny Hearing Request and approve application, RH/RM. All Commissioners Agree
Item 6. Docket No. 1999-1027-DIS. Consideration of an application by Brushy Creek Municipal Utility District of Williamson County for approval to levy impact fees. Applicant requests Commission approval of a $1,875 per equivalent single-family connection (ESFC) uniform water system impact fee and a $950 per ESFC uniform wastewater system impact fee. The Commission will consider the application and the hearing requests and related responses and replies that have been filed on the application. (Internal Control No. 11251997-DO2, Robert Cummins)
Deny Hearing Request and approve impact fees, JB/RM. All Commissioners Agree
(Affirm, Modify or Set Aside Emergency Orders)
Item 7. Docket No. 1999-1041-IWD. Consideration of a request by West Texas Utilities (WTU) to Affirm, Modify or Set Aside an Emergency Order. West Texas Utilities operates the Paint Creek Power Plant and is authorized to discharge under Texas Pollutant Discharge Elimination System Permit No. 00963. The WTU Emergency Order was granted by the Executive Director on August 18, 1999, without a hearing, under Texas Water Code 35.301 0 35.303. The Emergency Order authorized the discharge of once-through cooling water at a daily average temperature not to exceed 118 F and a daily maximum temperature not to exceed 124 F to Lake Stamford in Segment 1235 of the Brazos River Basin for 120 days. The plant is located in Haskell County, Texas. (Anthony Tatu, Cindy Lee)
Affirm Emergency Order, RH/RM. All Commissioners Agree
Item 8. Docket No. 1999-1042-IWD. Consideration of a Request by West Texas Utilities (WTU) to Affirm, Modify or Set Aside an Emergency Order. West Texas Utilities operates the Oak Creek Power Plant (the Plant), a steam electric station with a generating capacity of 85 megawatts and is authorized to discharge under Texas Pollutant Discharge Elimination System Permit No. 00997. The WTU Emergency Order as granted by the Executive Director on August 16, 1999, without a hearing. The Emergency Order was granted under Texas Water Code 5.501 and 5.509 and 30 Tex Admin Code 35.301 - 35.303. The Emergency Order authorizes the discharge of once-through cooling water at a daily average temperature not to exceed 115 F and a daily maximum temperature not to exceed 124 F to Oak Creek Reservoir, then to Oak Creek, and then to the Colorado River Below E.V. Spence Reservoir, in Segment 1426 of the Colorado River Basin. The Emergency Order authorizes WTU to discharge under the Emergency Order for a period of 120 days. The plant is located in Coke County, Texas. (Emily W. Rogers, Cindy Lee)
Affirm Emergency Order, RH/RM. All Commissioners Agree
(Superfunds)
Item 9. Docket No. 1999-1095-SPF. Consideration of an administrative order to conduct remedial investigation/feasibility study at the McBay Oil & Gas State Superfund Site in Grapeland, Houston County, Texas. (Michael Bame, Caroline Sweeney)
Approve Agreed Administrative Order, RM/RH. All Commissioners Agree
Item 10. Docket No. 1999-1115-SPF. Consideration of an administrative order to dismiss a joint administrative order issued by the Department of Health and The Texas Water Commission concerning the Watersbend Apartment Complex in Austin, Travis County, Texas. (Caroline Sweeney, Mike Frew)
Approve Administrative Order as revised by staff, RH/JB. All Commissioners Agree
Item 11. Docket No. 1999-1085-SPF. Consideration of amendments to the administrative orders to conduct remedial investigation and feasibility study activities at the following Eight State Superfund sites: 1) American Zinc Proposed State Superfund Site in Dumas, Moore County, Texas; Federated Metals State Superfund Site in Houston, Harris County, Texas; 3) Gulf Metals State Superfund Site in Houston, Harris County, Texas; 4) Higging Wood Preserving Proposed State Superfund Site in Lufkin, Angelina County, Texas; 5) Materials Recovery Enterprises, Inc. Proposed State Superfund Site in Ovalo, Taylor County, Texas; 6) Old Lufkin Creosoting State Superfund Site in Lufkin, Angelina County, Texas; 7) Solvent Recovery Services State Superfund Site in Arcola, Fort Bend County, Texas; and 8) Thompson-Hayward Chemical Company Proposed State Superfund Site in Munday, Knox County, Texas. (Caroline Sweeney)
Remand to Executive Director
(Industrial Waste Discharge Enforcement Agreed Orders)
Item 12. Docket No. 1998-1049-IWD-E. Consideration of an Agreed Order assessing administrative penalties against the City of Lubbock, Lubbock Power and Light in Lubbock County; Permit No. 03668; 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/JB. All Commissioners Agree
Item 13. Docket No. 1998-1357-IWD-E. Consideration of an Agreed Order assessing administrative penalties to CITGO Products Pipeline Company in Tarrant County; Registration No. L-03793; 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, RM/JB. All Commissioners Agree
(Municipal Waste Discharge Enforcement Agreed Orders)
Item 14. Docket No. 1998-1020-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Military Highway Water Supply Corporation in Hidalgo County; Water Quality Permit No. 13462 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/RM. All Commissioners Agree
Item 15. Docket No. 1998-0933-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Nome in Jefferson County; Water Quality Permit No. 11564-001; 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, JB/RM. All Commissioners Agree
Item 16. Docket No. 1998-1074-MWD-E. Consideration of an Agreed Order assessing administrative penalties of Benjamin Jacob and George P. Samuel dba Pine Forest Motel and Maganbhai R. Patel, Bhagubhai B. Patel and Vinubhai B. Patel dba Holiday Motel in Liberty county; Water Quality Permit No. 12161-001; 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, JB/RM. All Commissioners Agree
Item 17. Docket No. 1998-1018-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Brazoria County Municipal Utility District No. 6 in Brazoria County; Water Quality Permit No. 13784-001; 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, JB/RM. All Commissioners Agree
Item 18. Docket No. 1998-0970-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Weatherford Holding U.S., Inc. in Harris County; Expired Permit No. 12522-001; 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, JB/RM. All Commissioners Agree
(On-Site Sewage Installer Agreed Order)
Item 19. Docket No. 1998-1131-OSI-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Navarro Truck Stop, Inc. in Navarro County; On-Site Sewage Facility Permit No. 175-010 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. (Brian Lehmkuhle)
Issue Agreed Order, JB/RM. All Commissioners Agree
(Edwards Aquifer Enforcement Agreed Orders)
Item 20. Docket No. 1998-1516-EAQ-E. Consideration of an Agreed Order assessing administrative penalties of Primestore Inc. in Williamson County; Edwards Aquifer Protection Plan No. 98072001; for water quality violations pursuant to TEX. WATER CODE chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Patrick Hudson/Laurie Eaves)
Issue Agreed Order, RH/RM. All Commissioners Agree
Item 21. Docket No. 1999-0261-EAQ-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of St. Andrew's Episcopal School in Travis County: Edwards Aquifer Protection Program No. 97102801; for water quality violations pursuant to TEX. WATER CODE Chapter 26 and the rules of the Texas Natural Resource Conservation Commission. (Patricia Reeh/Laurie Eaves)
Issue Agreed Order, RH/RM. All Commissioners Agree
(Public Water Supply Enforcement Agreed Orders)
Item 22. Docket No. 1998-0659-PWS-E. Consideration of an Agreed Order assessing administrative penalties against Marvin Shead dba Roadrunner-BMX, in Galveston County; Public Water Supply No. 0840223 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 Commissioners Agree
Item 23. Docket No. 1998-1448-PWS-E. Consideration of an Agreed Order assessing administrative penalties of Steve Elliston dba University Park Mobile Home Park in Parker County: Public Water Supply No. 1840104; 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. (Audra Baumgartner)
Issue Agreed Order, RM/JB. All Commissioners Agree
Item 24. Docket No. 1998-1372-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Village Farms of Deleware, L.L.C. dba Village Farms of Texas, L.P. in Jeff Davis County; Public Water Supply ID No. 1220012; for drinking water quality violations pursuant to TEXAS HEALTH & SAFETY CODE ch. 341 and the rules of the Texas Natural Resource Conservation Commission. (Clint Pruett)
Issue Agreed Order, RM/JB. All Commissioners Agree
Item 25. Docket No. 1998-1134-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Norman Sadik dba Hill Country Kitchen in Travis County; Public Water Supply No. 2270272; 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. (Audra Baumgartner)
Issue Agreed Order, RM/JB. All Commissioners Agree
Item 26. Docket No. 1998-0518-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Village Farms of Marfa, L.L.P. in Presidio County: Public Water Supply No. 1890013; for drinking water quality violations pursuant to TEXAS HEALTH & SAFETY CODE ch. 341 and the rules of the Texas Natural Resource conservation Commission. (Clint Pruett)
Issue Agreed Order, RM/JB. All Commissioners Agree
(Public Water Supply Enforcement Default Order)
Item 27. Docket No. 1998-1067-PWS-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Amistad Water Supply Corp. and Carrie Suniga, Individually, in Bee County; TNRCC ID No. 0130060; 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, JB/RM. All Commissioners Agree
(Air Enforcement Agreed Orders)
Item 28. Docket No. 1998-0529-AIR-E. Consideration of an Agreed Order assessing administrative penalties and resolving an enforcement action against The Goodyear Tire & Rubber Company in Harris County; Air Account No. HG-0288-M; for air violations pursuant to the Texas Clean Air Act, the Texas Health & 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 Commissioners Agree
Item 29. Docket No. 1998-1499-AIR-E. Consideration of an Agreed Order assessing administrative penalties of United Parcel Service, Incorporated in El Paso County; Air Account No. EE-1201-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. (Lawrence King)
Issue Agreed Order, RM/RH. All Commissioners Agree
Item 30. Docket No. 1998-1466-AIR-E. Consideration of an Agreed Order assessing administrative penalties and resolving an enforcement action against BASF Corporation in Brazoria County: Air Account No. BL-0021-0; 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. (Gita Arasteh and Miriam Hall)
Issue Agreed Order, RM/RH. All Commissioners Agree
Item 31. Docket No. 1999-0003-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Gulf Elecroquip, Ltd. in Harris County; Account No. HG-2932-N: 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 Commissioners Agree
Item 32. Docket No. 1998-0905-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Texas Department of Criminal Justice, Mark Stiles Unit in Jefferson County: Air Account No. JE-0762-G; for violations pursuant to Texas Health and Safety Code chs. 341, 361 and 382, Texas Water Code chs. 7 and 26, and the rules of the Texas Natural Resource Conservation Commission. (Brant Graham, Lawrence King)
Issue Agreed Order, RM/RH. All Commissioners Agree
Item 33. Docket No. 1999-0049-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Calpine Corporation in Harris County; Air Account No. HG-9954-A; 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. (Anjili Sabharwal and Miriam Hall)
Issue Agreed Order, RM/RH. All Commissioners Agree
Item 34. Docket No. 1999-0047-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Parker Trailer Sales, Incorporated in Titus County; Account No. TF-0060-P; 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. (Suzanne Walrath)
Issue Agreed Order, RM/RH. All Commissioners Agree
Item 35. Docket No. 1998-1443-AIR-E. Consideration of an Agreed Order assessing administrative penalties and resolving an enforcement action against Nations Way Transport Service, Incorporated in El Paso County; Account No. EE-1956-K; 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. (Stacey Young)
Issue Agreed Order, RM/RH. All Commissioners Agree
Item 36. Docket No. 1998-1496-AIR-E. Consideration of an Agreed Order assessing administrative penalties of FFP Marketing company, Incorporated in El Paso County; Air Account No. EE-1993-E; for air quality violations pursuant to 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. (Lawrence King)
Issue Agreed Order, RM/RH. All Commissioners Agree
Item 37. Docket No. 1998-1498-AIR-E. Consideration of an Agreed Order assessing administrative penalties of El Paso Independent School District in El Paso County; Air Account No. ee-1240-0; 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. (Lawrence King)
Issue Agreed Order, RM/RH. All Commissioners Agree
Item 38. Docket No. 1998-1340-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of United Salt Corporation in Fort Bend County; Account No. FG-0039-A; for air quality violations pursuant to Texas Clean Air Act, TEX. HEALTH & SAFETY CODE ch. 382, and the rules of the Texas Natural Resource Conservation Commission. (Nasser Nemati)
Issue Agreed Order, RM/RH. All Commissioners Agree
Item 39. Docket No. 1998-1509-AIR-E. Consideration of an Agreed Order assessing administrative penalties of Health Jet Incorporated dba Chung's Gourmet Foods in Harris County; Account No. HG-7805-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. (Suzanne Walrath)
Issue Agreed Order, RM/RH. All Commissioners Agree
Item 40. Docket No. 1997-0480-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Leggett & Platt Incorporated, Texas Fibers Division, in Tarrant County; TNRCC ID No. DB-4521-J; 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. (David Speaker)
Remanded to Executive Director
Item 41. Docket No. 1998-1496-AIR-E. Consideration of an Agreed Order assessing administrative penalties of FFP Marketing Company, Incorporated in El Paso County; AIR Account No. EE-1993-E; for air quality violations pursuant to 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. (Lawrence King)
No Action Required
(Air Enforcement Default Order)
Item 42. Docket No. 1998-1275-AIR-E. Consideration of a Default Order assessing administrative penalties against Price Construction, Inc. dba Gonzales Concrete Batch Plant in Val Verde County; TNRCC ID No. 12913; for air violations pursuant to the Texas Clean Air Act, Chapter 382 of the Texas Health & Safety Code, Chapter 7 of the Texas Water Code, and the rules of the Texas Natural Resource Conservation Commission. (David Speaker)
Issue Default Order, RH/RM. All Commissioners Agree
(Petroleum Storage Tank Default Order)
Item 43. Docket No. 1999-0118-PST-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Raymond Carrillo in Fisher County; TNRCC ID No. 04709; 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. (Ali Abazari)
Issue Default Order, RM/JB. All Commissioners Agree
(Petroleum Storage Tank Enforcement Agreed Order)
Item 44. Docket No. 1999-0457-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Frank Drummond dba F. E. Distributing in Dallas County; PST Facility ID No. 0046964; for petroleum storage tank violations pursuant to Texas Health & Safety Code ch. 382 ("the Act"0 and Texas Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Juli McMasters)
Issue Agreed Order, JB/RM. All Commissioners Agree
Item 45. Docket No. 1999-0006-PST-E. Consideration of an Agreed Order assessing administrative penalties against Mr. Sid Jones dba Sid's Food Store in Dallas County; PST Facility ID. No. 0015149; for petroleum storage tank violations pursuant to the TEX. HEALTH & SAFETY CODE ch. 382, the TEX. WATER CODE ch. 7, and the rules of the Texas Natural Resource Conservation Commission. (Frank Muser)
Issue Agreed Order, JB/RM. All Commissioners Agree
Item 46. Docket No. 1998-0997-PST-E. Consideration of an Agreed Order assessing administrative penalties against McGown Oil Company dba Winnie Chevron and Mr. Mark W. Brown in Chambers County; PST Facility ID No. 0047142; for petroleum storage tank violation pursuant to TEX. HEALTH & SAFETY CODE ch. 382 and TEX. WATER CODE ch. 7 and the rules of the Texas Natural Resource Conservation Commission. (J. Mac Vilas)
Issue Agreed Order, JB/RM. All Commissioners Agree
(Multi-Media Enforcement Agreed Order)
Item 47. Docket No. 1999-0056-MLM-E. Consideration of an Agreed Order assessing administrative penalties of Reliant Energy Entex in Fort Bend County; Enforcement ID No. 13234; for industrial & hazardous waste and municipal solid waste violations pursuant to the Texas Solid Waste Disposal Act, TEXAS HEALTH AND SAFETY CODE ch. 361 ("the Act") and TEX. WATER CODE chs. 7 and 26, and the rules of the Texas Natural Resource Conservation Commission. (J. Craig Fleming)
Issue Agreed Order, RM/RH. All Commissioners Agree
(Rules)
Item 48. Docket No. 1999-0940-RUL. Consideration for publication of proposed amendments to the following chapters of 30 Texas Administrative Code (TAC): 30 TAC Chapter 37, concerning Financial Assurance; 30 TAC Chapter 305, concerning Consolidated Permits; 30 TAC Chapter 324, concerning Used Oil; 30 TAC Chapter 330, concerning Municipal Solid Waste; 30 TAC Chapter 331, concerning Underground Injection Control; 30 TAC Chapter 334, concerning Underground and Aboveground Storage Tanks; 30 TAC Chapter 335, concerning Industrial Solid Waste and Municipal Hazardous Waste; and 30 TAC Chapter 336, concerning the Radioactive Substance Rules.
The proposed rules will consolidate the financial assurance rules into Chapter 37. The rule amendments will clarify and improve the organization of the Chapter 37 rules and will achieve consistency with state and federal law. Obsolete, redundant, and duplicative provisions will be deleted as part of the commission's regulatory reform initiative. There are few substantive modifications.
This action also constitutes the commission's review of the rules contained in 30 TAC Chapter 37, in accordance with the Texas Government Code, 2001.39, implementing Senate Bill 178, 76th Legislature, 1999. (Michelle Lingo, Linda Shirck, Elaine Adams) (Rule Log No. 98051-037-AD)
Approve publication of proposed amendments, RH/JB. All Commissioners Agree
Item 49. Docket No. 1999-0244-RUL. Consideration for adoption of amendments to 30 TAC Chapter 335, Subchapter H, concerning Standards for the Management of Specific Wastes and Specific Types of Facilities. The adoption would revise the commission's hazardous waste rules at 30 TAC 335.261 and 335.262 to add paint and paint-related waste to the list of universal wastes and to add management standards for the new universal waste. The adoption also includes a technical correction and corrections of cross-references. The proposed rules were published in the April 16, 1999 issue of the Texas Register (24 TexReg 3036) (Ray Austin) (Rule Log No. 97183-335-WS)
Approve adoption of amendments, JB/RM. All Commissioners Agree
Item 50. Docket No. 1999-1073-RUL. Consideration of a petition for rulemaking for amendments to Section 312.2, concerning Applicability (Sludge Use, Disposal, and Transportation) and Section 324.3, concerning Applicability (Used Oil Recycling). The petition requests that the commission propose and adopt rules that would change the management of grit trap waste that contains recoverable amounts of oil from being jointly regulated as a municipal solid waste and a recyclable oil mixture to being regulated only as a recyclable used oil mixture. (Joe Thomas/Vic Ramirez) (Rule Log No. 98079-312-WT)
Grant petition and adopt order as recommended, RH/RM. All Commissioners Agree
Item 51. Docket No. 1999-0363-RUL. Consideration of the adoption of amendments to the following sections of 30 TAC:
Chapter 37 - Financial Assurance
Section 37.11 - Definitions
Section 37.261 - Corporate Guarantee for Closure
Section 37.551 - Corporate Guarantee for Liability
Chapter 335 - Industrial Solid Waste and Municipal Hazardous Waste
Section 335.112- Standards (Subchapter E, Interim Standards for Owners and Operators of Hazardous Waste Storage, Processing, or Disposal Facilities)
Section 335.152- Standards (Subchapter F, Permitting Standards for Owners and Operators of Hazardous Waste Storage, Processing, or Disposal Facilities)
The amendments give an additional financial assurance option to owners and operators of Industrial and Hazardous Waste facilities. The additional option is for guarantors to use the financial test to provide a guarantee on behalf of entities with which they have a substantial business relationship. The proposed rules were published in the June 4, 1999 issue of the Texas Register (24 TexReg 4171). (Linda Shirck/Patricia Hershey) (Rule Log No. 98059-037-AD)
Approve Adoption of Amendments, RM/RH. All Commissioners Agree
Item 52. Docket No. 1999-1056-RUL. Consideration for publication of, and hearing on, proposed amendments to the following chapters and sections of 30 TAC:
Chapter 1 - Purpose of Rules, General Provisions
Section 1.7 - Computation of Time
Section 1.11 - Service on Judge, Parties, and Interested Persons
Chapter 50 - Action on Applications
Section 50.19 - Notice of Commission Action, Motion for Rehearing
Section 50.39 - Motion for Reconsideration
Chapter 55 - Request for Contested Case Hearings; Public Comment
Section 55.27 - Commission Action on Hearing Request
The proposed amendments conform the commission rules to the provisions of Senate Bill (SB) 211, 76th Legislature (1999). SB 211 added three days to the period in which a party is presumed to have been notified of a decision that may become final in a contested case hearing when notice is sent by first class mail. (Tracy Gross, Jim Dodds) (Rule Log No. 99054-001-AD).
Continued to September 29, 1999
EXECUTIVE SESSION
Item 53. 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 54. 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.


AGENDA

Wednesday, September 15, 1999

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.

Room 201S, Bldg E.

12100 Park 35 Circle

Item 55. Docket No. 1999-1136-RPT. The Commissioners will consider a staff report on implementing an increase to the wastewater treatment inspection fee to fund the TPDES Stormwater program. The 76th Legislature authorized the TNRCC to raise additional revenue for this purpose. This staff report is to brief the Commissioners on the estimated impact of the fee increase on the regulated community. The TNRCC's Chief Financial Officer will present the staff report.
No Action Required
Item 56. Docket No. 1999-1138-RUL. Consideration for adoption of the review, readoption, and amendment, including revisions to the State Implementation Plan, of 30 TAC Chapter 55--Requests for Reconsideration and Contested Case Hearings; Public Comment. The primary purpose of the rulemaking is to complete the implementation of House Bill (HB) 801, and portions of Senate Bill (SB) 7, SB 766, SB 1308, SB 211, and HB 1479, 76th Legislature, 1999, and to clarify and streamline the rules. The request for review and readoption of Chapter 55 was continued from the September 2, 1999 work session at which the Commission reviewed and readopted Chapters 39, 50, and 80, and amended Chapters 39, 50, 80, 106, 116, 122, and 305. The review, and readoption with amendments, of Chapter 55 is conduced in accordance with the General Appropriations Act, Article IX, Section IX, Section 167, 75th Legislature, 1997, which requires state agencies to review and consider for readoption rules adopted under the Administrative Procedure Act. (Lydia Gonzalez Gromatzky)(Rule Log 99030-039-AD)
Continued to September 29, 1999


AGENDA

Wednesday, September 15, 1999

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

1:00 p.m.

Room 201S, Bldg E.

12100 Park 35 Circle

Item 1. TNRCC Docket No. 1997-0956-AGR-E, SOAH Docket No. 582-98-0865. Administrative Law Judge's Proposal for Decision and Order against R.J. Smelley Company, Inc. for alleged violations of Chapter 26 of the Texas Water Code and 30 Texas Administrative Code Chapters 70 and 321 regarding operations at a dairy concentrated feeding operation in Parker and Tarrant Counties, Texas.
Continued to October 13, 1999
Item 2. TNRCC Docket No. 1998-0206-OSI-E; SOAH Docket No. 582-98-2173. Administrative Law Judge's Proposal for Decision and Order against Jim Wyland (Wyland or Respondent) for improper installation of an on-site septic tank system (OSSF) in Montgomery County, Texas.
Adopt Proposal for Decision and Issue Order, RH/JB. All Commissioners Agree.