AGENDA

Wednesday, October 13, 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, October 13, 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 and September 15, 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 November 10, 1999


ADDENDUM TO OLD BUSINESS AGENDA

Wednesday, October 13, 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 29, 1999.
Item 2. 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.
See Agenda Item #1, Repost
Item carried forward from agenda of September 29, 1999.
Item 3. 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)
Deny Motion for Continuance filed by Rep. Delisi and Rep Hupp, RH/JB. All Agree. Remand to State Office Administrative Hearing and Expedient Hearing with instructions to judge to hear only issues related to modeling and review other alternative issues, RM/RH. All Agree


AGENDA

Wednesday, October 13, 1999

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.

Room 201S, Bldg E.

12100 Park 35 Circle

Hearing Request
Item 1. Docket No. 1999-1023-MWD. Consideration of permit application 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 to a daily average flow not to exceed 350,000 gallons per day and to change the way of disposal from irrigation to direct discharge to waters in the State. The current permit authorizes the irrigation of treated domestic wastewater via irrigation on 37 acres. The authorization in the current permit to use 37 acres for irrigation shall remain unchanged. The plant and disposal site are 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 to October 27, 1999
Item 2. Docket No. 1999-1118-MWD. Consideration of permit application 12900-001, submitted by Travis County Municipal Utility District No. 2 for a renewal of TNRCC Permit No. 12900-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 840,000 gallons per day. The plant site is located immediately west of New Sweden Road and approximately 0.25 mile south of U.S. Highway 290 in Travis County, Texas. The Commission will also consider hearing requests, related responses and replies, public comment and the Executive Director's response to comments.
Continued to October 27, 1999
Item 3. Docket No. 1999-1117-MWD. Consideration of permit application 13942-001, submitted by Inline Development Corp. for a major amendment of TNRCC Permit No. 13942-001 to authorize an increase in the discharge of treated domestic wastewater from a daily average flow not to exceed 36,000 gallons per day to a daily average flow not to exceed 250,000 gallons per day. The plant site is located between the 9800 and 10700 blocks of Boudreaux Road, approximately 1/2 mile west of the intersection of Boudreaux and Stuebner-Airline Road in Harris County, Texas. The Commission will also consider hearing requests, related responses and replies, public comment and the Executive Director's response to comments.
Grant hearing request and instruction from commission to judge to limit hearing to impact of facility to groundwater contamination and odor, JB/RM. All Agree
Item 4. Docket No. 1999-1143-AIR. ENNIS-TRACTEBEL POWER COMPANY, INC. for Air Quality Permit Nos. 40363 and PSD-TX-927 to construct a natural gas-fired Electric Power Generating Facility. The location of the facility is 4001 West Ennis Avenue in Ennis, Ellis County, Texas. The Commission will consider the application and the hearing requests received on the application (Garrett Arthur/Fred Wilson).
Grant hearing request and instruction from commission to judge to limit hearing to modeling and encouraged parties to make use of Alternative Dispute Resolution, RH/RM. All Agree
Item 5. Docket No. 1999-1128-MSW. The Applerock Group L.L.C. for a permit (Proposed Permit No. MSW-2276) to authorize a new Type IV municipal solid waste landfill facility. The applicant has requested a land use-only determination pursuant to Health and Safety Code Section 361.069 and has submitted Parts I and II of the application as required by 30 TAC Section 330.51(a) and 30 TAC Section 330.61. The proposed facility if located northeast of the intersection of State Highway 3 and Genor Red Bluff at 313 Genor Red Bluff Road in Houston, Harris County Texas. The Commission will consider the application and hearing requests filed on the application.
Deny hearing request and issue permit, RH/RM. All Agree
Audit Report
Item 6. Docket No. 1999-1195-AUD. Presented for your consideration is the proposed FY2000/2001 Biennial Internal Audit Plan. Pursuant to the Texas Internal Auditing Act, the audit plan must be presented for approval to the TNRCC Commission.
Approve Audit Plans, RM/JB. All Agree
Air Enforcement Agreed Orders
Item 7. Docket No. 1998-1339-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Custom Blast Services, Inc. in Jefferson County; Air Account No. JE-0730-T; for air quality violations pursuant to Texas Health and Safety Code chs. 361 and 382, Tex. Water Code chs. 7 and 26, and the rules of the Texas Natural Resource Conservation Commission. (Mike Freer/Lawrence King)
Issue Agreed Order, RM/JB. All Agree
Item 8. Docket No. 1998-1530-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-0067-L; 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/JB. All Agree
Item 9. Docket No. 1999-0402-AIR-E. Consideration of an Agreed Order assessing administrative penalties of Malek Inc. in Nueces County; Account No. NE-0446-U; for air quality violations pursuant to the Texas Clean Air Act, TEX. HEALTH and SAFETY CODE ch. 382 and TEX. WATER CODE ch. 7 and the rules of the Texas Natural Resource Conservation Commission. (Gary L. McDonald/Carl Schnitz)
Issue Agreed Order, RM/JB. All Agree
Item 10. Docket No. 1999-0453-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Duke Energy Field Services, Inc. in Austin County; Air Account No. AH-0087-R, 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. (Anne Marie Callery/Sheila Smith)
Issue Agreed Order, RM/JB. All Agree
Item 11. Docket No. 1999-0447-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Tandem Energy Corporation in Harris County; Air Account No. HG-0230-U; 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. (Mark Kaulen/Sheila Smith)
Issue Agreed Order, RM/JB. All Agree
Item 12. Docket No. 1999-0004-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Silestone of Houston, Incorporated in Harris County; Air Account No. HX-2018-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/JB. All Agree
Item 13. Docket No. 1999-0572-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Ellwood Texas Forge, L.P. in Harris County; Air Account No. HX-2270-B; for air quality violations pursuant to 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. (Henry Iyamu/Sheila Smith)
Issue Agreed Order, RM/JB. All Agree
Item 14. Docket No. 1998-1149-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Mulaw Worash dba Saturn Texaco in Dallas County; TNRCC ID No. DB-4952-B; for air quality violations pursuant to the Texas Clean Air Act, Chapter 382 of the Texas Health & Safety Code, and the rules of the Texas Natural Resource Conservation Commission. (Nathan Block)
Issue Agreed Order, RM/JB. All Agree
Item 15. Docket No. 1998-0024-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Zoltek Corporation in Taylor County; TNRCC ID No. None; 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. (Nathan Block)
Issue Agreed Order, RM/JB. All Agree
Air Enforcement Default Order
Item 16. Docket No. 1998-0176-AIR-E. Consideration of a Default Order assessing administrative penalties against Carroll Talent dba Freeway Texaco in El Paso County; TNRCC ID No. EE-0836-F; for air quality violations pursuant to Texas Health & Safety Code ch. 382 and the rules of the Texas Natural Resource Conservation Commission. (Tracy Harrison Gross)
Issue Default Order, JB/RH. All Agree
Municipal Waste Discharge Enforcement Agreed Orders
Item 17. Docket No. 1999-0099-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of McAdoo Water Supply Corporation in Dickens County; Permit No. WQ-0011862-001; for water quality violations pursuant to TEX. WATER CODE chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Sheila Smith)
Issue Agreed Order, RM/JB. All Agree
Item 18. Docket No. 1999-0079-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Participation Development Corporation (Texas), Inc. in Henderson County; Water Quality Permit No. 11506-001; for water quality violations, as well as water quality assessment and waste water treatment fee violations, pursuant to TEX. WATER CODE chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Karen Berryman)
Issue Agreed Order, RM/JB. All Agree
Item 19. Docket No. 1998-1449-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Bishop in Nueces County; Water Quality Permit No. 10427-001; for water quality violations pursuant to TEX. WATER CODE chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Karen Berryman)
Remand to Executive Director
Item 20. Docket No. 1999-0080-MWD-E. Consideration of an Agreed Order assessing administrative penalties for Harris County Municipal Utility District No. 1 in Harris County; Permit No. 11630-001; for water quality violations pursuant to TEX. WATER CODE chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Merrilee Gerberding)
Issue Agreed Order, RM/JB. All Agree
Item 21. Docket No. 1998-1454-MWD-E. Consideration of an Agreed Order assessing administrative penalizes and requiring certain actions of Bastrop County Water Control and Improvement District No. 3 in Bastrop County; Water Quality Permit No. 12963-001; for water quality violations 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 Agree
Item 22. Docket No. 1998-0219-MWD-E. Consideration of a Agree Order assessing administrative penalties and requiring certain actions of the Southwood Estates, Inc. in Brazoria County; TNRCC ID No. 12780-001 and Enforcement ID No. 8793; for water quality violations pursuant to Chapter 26 of the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Heather Otten)
Issue Agreed Order, RM/JB. All Agree
Petroleum Storage Tank Enforcement Agreed Orders
Item 23. Docket No. 1997-0922-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Charania, Incorporated in Montgomery County; PST Facility ID No. 0064878; for petroleum storage tank violations pursuant to TEX. HEALTH & SAFETY CODE ch. 382 and the rules of the Texas Natural Resource Conservation Commission. (Trina Lewison/John Mead)
Issue Agreed Order, RM/JB. All Agree
Item 24. Docket No. 1998-0657-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Shabuddin K. Daredia and Shanu Corporation Inc. dba Floyd's Fast Mart in Galveston County; TNRCC ID No. 006786; 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, RM/JB. All Agree
Item 25. Docket No. 1998-1367-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Gerald Whitlock Oil Corporation in Dallas County; TNRCC ID No. None; 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, RM/JB. All Agree
On-Site Installer Enforcement Agreed Order
Item 26. Docket No. 1998-1381-OSI-E. Consideration of an Agreed Order assessing administrative penalties of Edgar McNeal in Upshur County; OSSF Installer Registration No. 2310; for water quality violations pursuant to Texas Health & Safety Code ch. 366 and Texas Water Code ch. 7 and the rules of the Texas Natural Resource Conservation Commission. (Merrilee Gerberding)
Approve Agreed Order, JB/RH. All Agree
Public Water Supply Enforcement Agreed Orders
Item 27. Docket No. 1998-1317-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Beechwood Water Supply Corporation in Sabine County; Public Water Supply No. 2020014; for drinking water quality violations pursuant to Texas Health & Safety Code ch. 341 and the rules of the Texas Natural Resource Conservation Commission. (Terry Thompson/Susan Kelly
Issue Agreed Order, RH/RM. All Agree
Item 28. Docket No. 1999-0368-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Brushy Creek Utility, Inc. in Montgomery County; TNRCC ID No. 1700601; 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. (John Wright)
Issue Agreed Order, RH/RM. All Agree
Item 29. Docket No. 1999-0597-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Virginia Franklin Fuller dba Franklin Water Service Company dba Franklin Estates North, Franklin Estates South, and Blue Sky Mobil Home Park in Lubbock County; Public Water Supply Nos. 1520148, 1520080, 1520224; for drinking water quality violations pursuant to TEXAS HEALTH & SAFETY CODE ch. 341 and the rules of the Texas Natural Resource Conservation Commission. ( Shawn Stewart)
Issue Agreed Order, RH/RM. All Agree
Item 30. Docket No. 1999-0517-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Fort Hancock Water Control and Improvement District in Hudspeth County; Public Water Supply No. 1150005; 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. (Sandy VanCleave)
Issue Agreed Order, RH/RM. All Agree
Item 31. Docket No. 1999-0489-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Centerville Water Supply Corporation in Trinity County; PWS No. 2280005; for drinking water quality violations pursuant to TEX. HEALTH & SAFETY CODE ch. 341 and the rules of the Texas Natural Resource Conservation Commission. (Jayme Brown)
Issue Agreed Order, RH/RM. All Agree
Item 32. Docket No. 1999-0518-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Kendleton Independent School District in Fort Bend County: Public Water Supply No. 0790078; for drinking water quality violations pursuant to TEX. HEALTH & SAFETY CODE ch. 341 and the rules of Texas Natural Resource Conservation Commission. (Shawn Stewart)
Issue Agreed Order, RH/RM. All Agree
Multi-Media Enforcement Agreed Order
Item 33. Docket No. 1998-1083-MLM-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Coastal Marine Service of Texas, Incorporated in Jefferson County; Air Account No. JE-0303-T; Solid Water Registration No. 70122; for air quality, water quality, and industrial & Hazardous waste violations pursuant to the Texas Clean Air Act and the Texas Solid Waste Disposal Act, TEX. HEALTH & SAFETY CODE chs. 382 and 361, TEX. WATER CODE chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Lynda Clayton)
Issue Agreed Order, RM/RH. All Agree
Sludge Enforcement Agreed Order
Item 34. Docket No. 1998-1137-SLG-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Deering Bruson in El Paso County; Registration No. 20985; for water quality violations pursuant to Tex. Water Code chs. 7 and 26 and rules of the Texas Natural Resource Conservation Commission. (Merrilee Gerberding)
Issue Agreed Order, JB/RM. All Agree
Water Right Enforcement Agreed Order
Item 35. Docket No. 1998-0312-WR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Don Strange dba Don Strange Ranch in Kendall County; TNRCC ENF. No. 12292; for water right violations pursuant to Chapter 11 of the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (David Speaker)
Issue Agreed Order, RM/RH. All Agree
Municipal Solid Waste Resolution
Item 36. Docket No. 1999-1012-MSW. Consideration of nominations and appointment of five individuals to the Municipal Solid Waste Management and Resource Recovery Advisory Council for six-year terms.
Approve Staff Recommendation, RM/JB. All Agree
Rules
Item 37. Docket No. 1999-1054-RUL. Consideration for publication of proposed amendments to the following sections of 30 TAC Chapter 335, concerning Industrial Solid Waste and Municipal Hazardous Waste:
335.1 - Definitions.
335.2 - Permit Required.
335.41 - Purpose, Scope and Applicability.
335.261 - Universal Waste Rule.
335.431 - Purpose, Scope, and Applicability.
The proposed amendments would add hazardous waste lamps to the list of universal wastes, make other changes conforming to recent U.S. Environmental Protection Agency regulations relating to universal wastes, and make certain technical and cross-reference corrections. (Ray Austin) (Rule Log No. 98002-335-WS)
Approve publication of amendments, RM/JB. All Agree
Item 38. Docket No. 1999-1009-RUL. Consideration for publication of and hearing on proposed amendments to 30 TAC Chapter 111, 111.155, concerning Ground Level Concentrations, and new 111.157, Ground-Level Concentrations for Shipbuilding and Repair Sites. The proposal will apply to shipbuilding and repair sites that remove coatings from large ocean-going vessels and platforms and will create an alternate method to determine, on a case-by-case basis, the standard for property-line, ground-level concentrations of particulate matter. (Terry Leifeste) (Rule Log No. 99027-111-AI)
Continued to November 10, 1999
Item 39. Docket No. 1999-1166-RUL. Consideration for publication of the following proposed new subchapter and sections of 30 TAC Chapter 328 - Waste Minimization and Recycling:
Subchapter H - Symbols for Certain Plastic Containers
Section 328.120 - Purpose
Section 328.121 - Applicability
Section 328.122 - Definitions of Terms
Section 328.123 - Symbols for Certain Plastic Containers
The proposed rules would establish procedures and requirements for the labeling of certain plastic containers. (Pharr Andrews) (Rule Log No. 98033-328-WS).
Approve publication, RH/JB. All Agree
EXECUTIVE SESSION
Item 40. 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 41. 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, October 13, 1999

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.

Room 201S, Bldg E.

12100 Park 35 Circle

Item 42. Docket No. 1999-1116-AGR. Consideration of permit application no. 04055, submitted by Garland P. Bourg for a permit to operate a concentrated animal feeding operation (CAFO) for a dairy facility with a maximum of 400 head in Johnson County, Texas. No discharge of pollutants into the waters in the state except as a result chronic or catastrophic rainfall event. The facility is located approximately 2 miles west on County Road 1109A from its intersection with Texas Highway 174 north of Rio Vista. Then approximately 1 mile to CR 1109, then 0.25 miles east on CR 1209 to the entrance of the facility. The facility is also located in the drainage area of Nolan River in Segment No. 1227 of the Brazos River Basin. The Commission will also consider hearing requests, related responses and replies, public comment and the Executive Director's response to comments.
Grant hearing request remand to State Office Administrative Hearing allow Alternative Dispute Resolution 4 to 6 weeks for mediation, RM/RH. All Agree


OLD BUSINESS AGENDA

Wednesday, October 13, 1999

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

1:00 p.m.

Room 201S, Bldg E

12100 Park 35 Circle

Item carried forward from Agenda of September 15, 1999.
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 January 12, 2000, JB/RH. Marquez was absent for vote


AGENDA

Wednesday, October 13, 1999

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

1:00 p.m.

Room 201S, Bldg E.

12100 Park 35 Circle

Item 1. Docket No. 1997-1177-OSI-E; SOAH Docket No. 582-99-0216. Consideration of Administrative Law Judge's Proposal for Decision and Proposed Order assessing administrative penalties against Mike Sanders, OSSF Installer Certification No. 2366, in Hays County for alleged violations of Texas Health & Safety Code ch. 366 and the rules of the Texas Natural Resource Conservation Commission. The ALJ finds 2 violations of the on-site sewerage rules and recommends and administrative penalty of $2.500.000. (ALJ Mike Rogan)
See Item #4
Item 2. Docket No. 1997-1000-PWS-E; SOAH Docket No. 582-99-0149. Consideration of Administrative Law Judge's Proposal for Decision and Proposed Order assessing administrative penalties against and requiring certain actions of Batesville Water Supply Corporation in Batesville, Zavala County for alleged violations of Texas Health & Safety Code ch. 341, Texas Water Code ch. 13, and the rules of the Texas Natural Resource Conservation Commission. The ALJ finds 12 violations of the public drinking water rules and recommends an administrative penalty of $6,450.00. (ALJ Thomas H. Walston)
Continued to December 15, 1999
Item 3. Docket No. 1999-1003-IWD. Consideration of a Motion for Reconsideration concerning GATX Terminals' TPDES Permit No. 00413, filed by Jay Montgomery on behalf of GATX Terminals Corporation. The Permit authorizes the treatment and disposal of wastes from a bulk liquid storage terminal located at 906 Clinton Drive, approximately 0.25 miles west of the Washburn Tunnel along the north shore of the Houston Ship Channel in the City of Galena Park, Harris County, Texas.
Grant Motion for Reconsideration and remand item to ED, JB/RH. All Agree


ADDENDUM TO AGENDA

Wednesday, October 13, 1999

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

1:00 p.m.

Room 201S, Bldg E.

12100 Park 35 Circle

Item 4. Docket No. 1997-1177-OSI-E; SOAH Docket No. 582-99-0216. Consideration of Administrative Law Judge's Proposal for Decision and Proposed Order assessing administrative penalties against Mike Sanders, OSSF Installer Certification No. 2366, in Hays County for alleged violations of Texas Health & Safety Code ch. 366 and the rules of the Texas Natural Resource Conservation Commission. The ALJ finds 2 violations of the on-site sewerage rules and recommends and administrative penalty of $2,500.00. (ALJ Mike Rogan)
Adopt Proposal for Decision and Issue Order, RH/RM. All Agree


SECOND ADDENDUM TO AGENDA

Wednesday, October 13, 1999

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

1:00 p.m.

Room 201S, Bldg E.

12100 Park 35 Circle

Item 5. Docket No. 1999-1152-MSW. Consideration of a Motion for Reconsideration filed by State Representative Paul L. Sadler concerning the approval by the Executive Director of the application by IESI-TX Corporation for a transfer of Permit No. MSW-1249 from the City of Henderson to IESI-TX Corporation, and related issues. Permit No. MSW-1249 regulates the disposal of municipal solid waste at a 211.91-acre area located approximately 5.5 miles southeast of Henderson, 1.0 miles east of the intersection of FM Highways 2867 and 840 and north of FM 2867 in Rusk County.
Deny Motion for Reconsideration, RM/RH. All Agree