AGENDA

Wednesday, September 29, 1999

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

08:30 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 29, 1999

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.

Room 201S, Bldg E.

12100 Park 35 Circle

Item carried forward from Agenda of September 15, 1999.
Item 1. 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)
Approve Application and Response to Comments, JB/RM. All Commissioners Agree
Item carried forward from agenda of September 15, 1999.
Item 2. 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).
This item is reposted as item # 47
Item carried forward from Agenda of September 15, 1999.
Item 3. 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)
Approve adoption with corrections as submitted in errata sheets and approval to correct non-substantive matters, RH/JB. All Agree


HUSTON
MARQUEZ
BAKER

AGENDA

Wednesday, September 29, 1999

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 A.M.

12100 Park 35 Circle

Room 201S, Bldg. E

Hearing Request
Item 1. Docket No. 1999-1023-MWD. Consideration of permit application no. 10414-001, submitted by Kendall County Water Control and Improvement District No. 1 for a major amendment to TNRCC Permit No. 10414-001 to authorize an increase in the discharge of treated domestic wastewater from a daily average flow not to exceed 100,000 gallons per day (discharge). The site is located northeast and adjacent to the intersection of Interstate Highway 10 and Farm-to-Market Road 473 east of Comfort in Kendall County, Texas. The Commission will also consider hearing requests, related responses and replies, public comment and the Executive Director's response to comments.
Continued and Reposted for October 13, 1999
Item 2. Docket No. 1999-1022-MWD. Consideration of permit application no. 10880-001, submitted by City of Bartlett for a renewal of Permit No. 10880-001, which authorizes the discharge of the treated domestic wastewater at a daily average flow not to exceed 325,000 gallons per day. The site is located approximately 0.5 mile northeast of the intersection of State Highway 95 and Farm-to-Market Road 487 in the City Of Bartlett in Bell County, Texas. The Commission will also consider hearing requests, related responses and replies, public comment and the Executive Director's response to comments.
Grant all 7 hearing request, remand to ADR 4 to 6 weeks and if ADR fails forward to SOAH with instructions to judge, JB/RM. All Agree. Ralph Marquez made additional recommnedation to allow SOAH Judge to decide who will be granted party status, RM/JB. All Agree
Item 3. Docket No. 1999-1111-MWD. Consideration of permit application no. 11028-001, submitted by Rice Water Supply and Sewer Service Corporation for a Texas Pollutant Discharge Elimination System (TPDES) wastewater permit. The applicant has an existing Texas Natural Resource Conservation Commission (TNRCC) Permit No. 11028-001. The draft permit authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 66,000 gallons per day. The plant site is located west of the City of Rice and west of Interstate Highway 45, and approximately 2 miles north of the intersection of Interstate Highway 45 and Farm-to-Market Road 1126 in Navarro County, Texas. The Commission will also consider hearing requests, related responses and replies, public comment and the Executive Director's response to comments.
Continued to October 27, 1999
Item 4. Docket No. 1999-1025-MWD. Consideration of permit application no. 12909-001, submitted by Larry R. Buck for a renewal of Permit No. 12909-001, which authorizes the discharge of the treated domestic wastewater at a daily average flow not to exceed 6,000 gallons per day. The site is located north of the intersection of Farm-to-Market Road 1220 (Morris-Ditto-Newark Road) and East Peden Road in Tarrant County, Texas. The Commission will also consider hearing requests, related responses and replies, public comment and the Executive Director's response to comments.
Remand to Executive Director, RH. Dies for lack of second. Grant Request for hearing, remand to ADR 4 to 6 weeks and then forward to SOAH if mediation fails, JB/RM. All Agree
Item 5. Docket No. 1999-1112-MWD. Consideration of permit application no. 14012-001, submitted by Bistone Municipal Water Supply District for a major amendment to TNRCC Permit No. 14012-001 to authorize an increase in the discharge of treated waster treatment filer backwash water from a daily average flow not to exceed 30,000 gallons per day to a daily average flow not to exceed 75,000 gallons per day and to relocate the point of discharge approximately 875 feet northeast of the current point of discharge. The plant site is located approximately one mile north of the intersection of State Highway 164 and Farm-to-Market Road 39 in Limestone County, Texas. The Commission will also consider hearing requests, related responses and replies, public comment and the Executive Director's response to comments.
Deny Hearing Request approve application, RM/RH. All Agree
Single Property Authorization
Item 6. Docket No. 1999-1142-AIR. Consideration of a petition and proposed order regarding Designation of Single Property, pursuant to 30 TAC Section 101.2(b), concerning Multiple Air Contaminant Sources or Properties, submitted by DrossTec, Inc. and ALCOA, Inc. in Rockdale, Milam County, Texas. If granted the petitioners will have their properties designated as a single property for the purpose of demonstrating compliance with TNRCC regulations and the control of air emissions. (Garrett Arthur, Dois Webb)
Approve petition and issue order, RM/JB. All Agree
Authorization to Construct
Item 7. Docket No. 1999-1129-MWD. Consideration of a Request by H. H. Sewer System, Inc. for an Order authorizing construction of a wastewater treatment plant, in San Jacinto 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. (Lisa M. McClain, Zdenek, Matl)
Deny Authorization to Construct, RH/RM. All Agree
Miscellaneous
Item 8. Docket No. 1998-0417-MIS. Consideration of gifts and donations of $500.00 or more in value given to the TNRCC, submitted for approval in accordance with Senate Bill 145, which added Chapter 575 to the Government Code, concerning acceptance of gifts by certain state agencies. (Jenny Cordell)
Approve Staff Recommendation, RH/JB. Marquez absent for vote.
Resolution
Item 9. Docket No. 1999-0679-RES Consideration of a Resolution to honor the contributions of Richard Wiltz to his community as a member of the Houston Small Business Advisory Committee, an advisory board for the Texas Natural Resource Conservation Commission. (David Duncan)
Approve and Issue Resolution, RH/RM. All Agree
Item 10. Docket No. 1999-1144-RES. Consideration of a Resolution to appoint members to the Waste Reduction Advisory Committee. (Ken Zarker)
Approve Staff Recommendation, RH/RM. All Agree
Municipal Waste Discharge Enforcement Agreed Orders
Item 11. Docket No. 1998-0244-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of San Perlita in Willacy 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. (Cecily Small Gooch)
Issue Agreed Order, RM/JB. All Agree
Item 12. Docket No. 1998-1519-MWD-E. Consideration of an Agreed Order assessing administrative penalties against the City of Crockett in Houston County; Water Quality Permit No. 10154-002; for water quality violations pursuant to Texas Water code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Brian Lehmkuhle)
Issue Agreed Order, RM/JB. All Agree
Item 13. Docket No. 1998-1460-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Haskell in Haskell County; Water Quality Permit No. 10728-001; 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, RM/JB. All Agree
Item 14. Docket No. 1998-1353-MWD-E. Consideration of an Agreed Order assessing administrative penalties of the City of Marion in Guadalupe County; Water Quality Permit No. 10048-001; 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, RM/JB. All Agree
Item 15. Docket No. 1998-0214-MWD-E. Consideration of an Agreed Order assessing administrative penalties of the City of Orange in Orange County; Water Quality Permit No. 10626-004; 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, RM/JB. All Agree
Item 16. Docket No. 1998-0300-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the Southern Home Management, Inc. in Tarrant County; TNRCC ID No. 14009-001 and Enforcement ID No. 12297 for water quality violations pursuant to Chapter 26 of the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Cecily Small Gooch)
Issue Agreed Order, RM/JB. All Agree
Public Water Supply Enforcement Agreed Order
Item 17. Docket No.1999-0547-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of James T. Dennis dba Twin Lakes Water Company in Tarrant County; Public Water Supply No. 2200190; 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. (Robbie Allen)
Issue Agreed Order, RM/JB. All Agree
Industrial Hazardous Waste Enforcement Agreed Orders
Item 18. Docket No. 1999-0344-IHW-E. Consideration if an Agreed Order assessing administrative penalties and requiring certain actions of Porter Manufacturing Corporation in Lubbock County; Solid Waste Registration No. 83771; for industrial & hazardous waste violations pursuant to the Texas Solid Waste Disposal Act, TEX. HEALTH & SAFETY CODE ch. 361 and the rules of the Texas Natural Resource Conservation Commission. (Gary Shipp and Gloria Stanford)
Issue Agreed Order, RH/RM. All Agree
Item 19. Docket No. 1998-1414-IHW-E. Consideration of an Agreed Order assessing administrative penalties against AC Liquidating Corporation and requiring certain actions of Jason Morman in Harris County; TNRCC ID No. 31618; 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. (Nathan Block)
Issue Agreed Order, RH/RM. All Agree
Item 20. Docket No. 1999-0015-IHW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of UTEX Industries, Inc. in Colorado County; Solid Waste Registration No. 31261; for industrial & hazardous waste violations pursuant to the Texas Solid Waste Disposal Act, Texas Health and Safety Code ch. 361, Texas Water Code chs. 7 and 26, and the rules of the Texas Natural Resource Conservation Commission. (Catherine Sherman/Elvia Maske)
Issue Agreed Order, RH/RM. All Agree
Item 21. Docket No. 1998-1494-IHW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Waco in McLennan county; Public Water Supply No. 1550008; for industrial & Hazardous waste violations pursuant to the Texas Solid Waste Disposal Act, TEX. HEALTH & SAFETY CODE ch. 361, TEX. WATER CODE chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (J. Mac Vilas)
Issue Agreed Order, RH/RM. All Agree
Item 22. Docket No. 1997-0256-IHW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Conroe Creosoting Company in Montgomery County; TNRCC ID No. 31799; 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. (Nathan Block)
Issue Agreed Order, RH/RM. All Agree
Industrial Hazardous Waste Enforcement Default Order
Item 23. Docket No. 1998-1029-IHW-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Osvaldo Ordonez dba Transports Salmalo in El Paso County; TNRCC ID No. 85409; 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. (Nathan Block)
Issue Default Order, RM/JB. All Agree
Municipal Solid Waste Enforcement Agreed Orders
Item 24. Docket No. 1998-1066-MSW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of BFI Waste Systems of North America, Inc. in Jones County; Municipal Solid Waste Permit No. 1469; for municipal solid waste violations pursuant to Texas solid Waste Disposal Act, TEX. HEALTH & SAFETY CODE ch. 361 and the rules of the Texas Natural Resource Conservation Commission. (Tim Haase)
Issue Agreed Order, RH/RM. All Agree
Item 25. Docket No. 1999-0471-MSW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Zapata County; Municipal Solid Waste Permit No. 783; for municipal solid waste violations pursuant to TEXAS SOLID WASTE DISPOSAL ACT, TEX. HEALTH & SAFETY CODE ch. 361, the TEX. WATER CODE ch. 7, and the rules of the Texas Natural Resource Conservation Commission. (Kent Heath)
Issue Agreed Order, RH/RM. All Agree
Item 26. Docket No. 1998-0852-MSW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Gene Tannehill dba Action Oil in Jefferson County; TNRCC ID No. 12758; 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. (M. Camille Morris)
Issue Agreed Order, RH/RM. All Agree
Petroleum Storage Tank Enforcement Agreed Orders
Item 27. Docket No. 1998-1293-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Ms. Huong Nguyen dba Today's Store in Jackson County; PST Facility ID No. 48238; 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, RM/RH. All Agree
Item 28. Docket No. 1998-0629-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Bez Getachew dba Greenville Market in Dallas County; TNRCC ID No. 0040231; for petroleum storage tank violations pursuant to Chapter 26 of the Texas Waste Code and the rules of the Texas Natural Resource Conservation Commission. (David Speaker)
Issue Agreed Order, RM/RH. All Agree
Petroleum Storage Tank Default Order
Item 29. Docket No. 1998-1030-PST-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of N & Z Business, Inc. dba Kingfood Mart in Harris County; TNRCC ID No. 0039694; for petroleum storage tank violations pursuant to Chapter 26 of the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (David Speaker)
Issue Default, RH/RM. All Agree
Agricultural Enforcement Agreed Order
Item 30. Docket No. 1999-0253-AGR-E. Consideration of an Agreed Order assessing administrative penalties against Mr. Ike Tapia dba Tapia Dairy No. 3 in Tom Green County; Permit No. 04012; for water quality violations pursuant to TEX. WATER CODE chs. 7 and 26, and the rules of the Texas Natural Resource Conservation Commission. (Brent Wade/Eric Reese)
Issue Agreed Order, RM/JB. All Agree
Multi Media Enforcement Default Order
Item 31. Docket No. 1998-0918-MLM-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Joe Isenberg in Kerr County; TNRCC ID No. 32105; 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. (M. Camille Morris)
Issue Default Order, RM/RH. All Agree
Air Enforcement Agreed Orders
Item 32. Docket No. 1998-1539-AIR-E. Consideration of an Agreed Order assessing administrative penalties and resolving an enforcement action against Leander Liquidating Company, L.L.C., Roten & Morgan, Inc. and Dean Morgan and Brad Roten in Williamson County; Account No. WK-0116-E; 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. ( Chris Smith)
Issue Agreed Order, RM/RH. All Agree
Item 33. Docket No. 1998-1545-AIR-E. Consideration of an Agreed Order assessing administrative penalties and resolving an enforcement action against Phelps Dodge Corporation in El Paso County; Account No. EE-0066-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. (Stacey Young)
Issue Agreed Order, RM/RH. All Agree
Item 34. Docket No. 1999-0488-AIR-E. Consideration of an Agreed Order assessing administrative penalties and resolving an enforcement action against Four Collins Group Corporation dba Collins Brothers in Collin County; Air Account No. CP-0511-A; for air quality violations pursuant to the Texas Clean Air Act, TEX. HEALTH & SAFETY CODE ch. 382, TEX. WATER CODE ch. 7, and the rules of the Texas Natural Resource Conservation Commission. (Michael De La Cruz/Carl Schnitz)
Issue Agreed Order, RM/RH. All Agree
Item 35. Docket No. 1999-0008-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Producers Cooperative Elevator in Floyd County; Account No. FE-0058-S; 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 36. Docket No. 1999-0043-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of ICO Worldwide, Inc. in Harris County; Air Account No. HG=-539-K; 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. (Jeffery Seiler and Miriam Hall)
Issue Agreed Order, RM/RH. All Agree
Item 37. Docket No. 1998-1529-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Gulf Precision, Incorporated in Harris County; Account No. HX-1858-0; 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. (Miriam Hall)
Issue Agreed Order, RM/RH. All Agree
Item 38. Docket No. 1999-0603-AIR-E. Consideration of an Agreed Order assessing administrative penalties of Resdoor Company, Incorporated dba Sweeney Hardwoods in Tarrant County; Account No. TA-3643-T; 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 Agree
Item 39. Docket No. 1999-0374-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Texas Barge & Boat, Inc. in Brazoria County: Air Account No. BL-0423-N; for air quality violations pursuant to the Texas Clean Air Act, Texas Health & Safety Code ch. 382, Texas Water Code Ch. 7, and the rules of the Texas Natural Resource Conservation Commission. (Carolyn Guillory, Sheila Smith)
Issue Agreed Order, RM/RH. All Agree
Affirm, Modify or Set Aside Emergency Order
Item 40. Docket No. 1999-1108-IWD-E. Consideration of a request by Gulf Chemical & Metallurgical Corp. (GCMC) to Affirm, Modify or Set Aside an Emergency Order. GCMC operates a manufacturing facility for the recovery of metals from spent petroleum refinery catalysts and is authorized to discharge under Texas Pollutant Discharge Elimination System Permit No. 01861. The GCMC Emergency Order was granted by the Executive Director on August 27, 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 GCMC to by-pass the current treatment system and discharge commingled process wastewater, cooling water, domestic sewage, and storm water not to exceed 500,000 gallons per day via Outfall 001 into waters in the state. The Emergency Order authorizes GCMC to discharge under the Emergency Order for a period of 120 days. The plant is located in Brazoria County, Texas. (Kathy H. Brown/Michael Sunderlin)
See Item # 48
Temporary Order
Item 41. Docket No. 1999-1090-IWD. Consideration of an application for a Temporary Order submitted by the United State Department of the Navy, Permit No. 02335 (TX0034321) and consideration of requests for a contested case hearing on the application. The Navy has applied for a Temporary Order authorizing the discharge of treated groundwater contaminated primarily with perchlorate from a pilot scale treatment system at a daily maximum flow not to exceed 500,000 gallons per day via Outfall 001 on a batch discharge basis. The plant is located in Coryell and McLennan Counties, Texas. (Kathy Brown/Chris Linendoll)
Continued to October 13, 1999
Rules
Item 42. Docket No. 1999-1126-RUL. Consideration for the approval of the rules review and readoption of 30 TAC Chapter 312, concerning Sludge Use, Disposal, and Transportation. This review complies with 2001.039, Texas Government Code and the General Appropriations Act, Article IX, 9-10.13, 76th Legislature, 1999, which require state agencies to review and consider for readoption each of their rules every four years. The notice of intention to review was published in the April 9, 1999, issue of the Texas Register (24 TexReg 2957). (Joseph Thomas, Ray Pizarro) (Rule Log No. 99004-312-WT)
Approve readoption of 30 TAC Chapter 312, RM/JB. All Agree
Item 43. Docket No. 1999-0755-RUL. Consideration for publication of, and public hearing on, proposed amendments to the following sections of 30 TAC Chapter 118, concerning Control of Air Pollution Episodes, and corresponding revisions to the State Implementation Plan:
118.1 - Generalized Air Pollution Episodes
118.2 - Provisions Governing Generalized Episode Control
118.3 - Localized Air Pollution Episodes
118.4 - Hearings
118.5 - Emission Reduction Plan
118.6 - Texas Air Pollution Episode Contingency Plan and Emergency Management Center
Consideration of notice of rules review of 30 TAC Chapter 118. This review is in accordance with Section 2001.039, Texas Government Code and the General Appropriations Act, Article IX, Section 9 - 10.13, 76th Legislature, 1999, which require state agencies to review and consider for readoption each of their rules every four years. (Barry Irwin/Terry Leifeste) (Rule Log No. 99026-118-AI).
Approve Publication of and public hearing, RM/JB. All Agree
EXECUTIVE SESSION
Item 44. 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 45. 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, September 29, 1999

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.

Room 201S, Bldg E.

12100 Park 35 Circle

Item 46. Docket No. 1999-1148-AIR. Consideration of a Petition and Proposed Order regarding Designation of Single Property, pursuant to 30 TAC 101.2 (b), concerning Multiple Air Contaminant Sources or Properties, submitted by Silgan Can Company and Campbell Soup Company in Paris, Lamar County, Texas. If granted the petitioners will have their properties designated as a single property for the purpose of demonstrating compliance with TNRCC regulations and the control of air emissions. (Garrett Arthur/Craig Richardson)
Approve petition and issue order, with changes, JB/RM. All Agree
Item 47. 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
Section 50.119 - Notice of Commission Action, Motion for Rehearing
Section 50.139 - Motion to Overturn Executive Director's Decision
Chapter 80 Contested Case Hearings
Section 80.271 - Motion for Rehearing
Section 80.272 - Motion for Rehearing
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
Approve publication and hearing, RM/RH. All Agree


SECOND ADDENDUM TO AGENDA

Wednesday, September 29, 1999

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.

Room 201S, Bldg E.

12100 Park 35 Circle

Item 48. Docket No. 1999-1108-IWD-E. Consideration of a Request by Gulf Chemical & Metallurgical Corp. (GCMC) to Affirm, Modify or Set Aside an Emergency Order. The GCMC Emergency Order was granted by the Executive Director on September 3, 1999, without a hearing. The Emergency Order authorizes GCMC to by-pass the current treatment system and discharge commingled process wastewater, cooling water, domestic sewage, and storm water not to exceed 500,000 gallons per day via Outfall 001 into waters in the state. The plant is located in Brazoria County, Texas. (Kathy H. Brown/Michael Sunderlin)
Affirm Emergency Order, RH/JB. All Agree


OLD BUSINESS AGENDA

Wednesday, September 29, 1999

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

1:00 p.m.

Room 201S, Bldg E.

12100 Park 35 Circle

Item carried forward from Agenda of July 28, 1999.
Item 1. TNRCC Docket No. 1998-0675-MSW-E; SOAH Docket No. 582-98-2071. Administrative Law Judge's Proposal for Decision and Order against Sullivan Enterprises, Inc., Texas International Terminals Inc., and 5600 PIB Corp. for alleged violations relating to processing of municipal solid wastes and for failure to obtain a permit. (RECOMMENDATION: The Administrative Law Judge recommends that Sullivan Enterprises should be assessed a total penalty of $4500. The ALJ finds that a finding of violation and a penalty is not warranted under 30 TAC 330.5(a)(1), concerning an actual release from a levee breach in Sep 97, since the event was immediately resolved by repair of the levee and a follow-up water quality study. Further the ED has not sustained his burden of providing that there continued to be the potential for failures in the levee/berm system at the time of the last inspection).
See Addendum Item # 1 (Reposted)


AGENDA

Wednesday, September 29, 1999

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

1:00 p.m.

Room 201S, Bldg E.

12100 Park 35 Circle

Item 1. TNRCC Docket No. 1997-1187-UCR, SOAH Docket No. 582-98-0580. Consideration of the Administrative Law Judge's Proposal for Decision and Order in the matter of the Application of City of Gunter for Certificate of Convenience and Necessity and to Decertify a Portion of CCN No. 10150, in Grayson County, Texas. Recommendation: The Administrative Law Judge finds that withdrawal without prejudice is not warranted. (Cynthia Hayes)
See Addendum Item #2 (Reposted)


ADDENDUM TO AGENDA

Wednesday, September 29, 1999

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

1:00 p.m.

Room 201S, Bldg E.

12100 Park 35 Circle

Item 1. TNRCC Docket No. 1998-0675-MSW-E; SOAH Docket No. 582-98-2071. Administrative Law Judge's Proposal for Decision and Order against Sullivan Enterprises, Inc., and 5600 PIB Corp. assessing administrative penalties and requiring certain actions for alleged violations relating to processing of municipal solid wastes and failure to obtain a permit with regard to property in Galveston, Galveston County used for disposal of dredge material. (RECOMMENDATION: Assess an administrative penalty of $4,500 against 5600 PIB Corp. and Sullivan Enterprises, Inc. for violation of 30 Texas Administrative Code Section 330.4 and require them to undertake certain corrective actions at the site.)
Adopt Proposal for Decision and Issue Order with corrections and assess parties fee for transcript cost, RM/RH. All Agree
Item 2. TNRCC Docket No. 1997-1187-UCR; SOAH Docket No. 582-98-0580. Consideration of the Administrative Law Judge's Proposal for Decision and Order in the matter of the Application of City of Gunter for Certificate of Convenience and Necessity and to Decertify a Portion of CCN No. 10150, in Grayson County, Texas. Recommendation: The Administrative Law Judge finds that the City of Gunter is entitled to withdrawal without prejudice under 30 TAC 80.25(e)(2), as requested, if it agrees to reimburse Gunter Rural Water Supply Corporation $5,583.03 in expenses. If the City if unwilling to reimburse the amount recommended, the ALJ finds that withdrawal without prejudice is not warranted. (Cynthia Hayes)
Adopt Proposal for Decision and Issue Order, RH/JB. Payment will be due 15 days from date or is mailed