AGENDA

Wednesday, October 27, 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 Required
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 Required
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 Required


OLD BUSINESS AGENDA

Wednesday, October 27, 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 1. 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.
Deny hearing request and approve application, and adopt comments of Executive Director, RM/JB. All Agree
Item carried forward from Agenda of October 13, 1999.
Item 2. 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.
Deny hearing and grant application, adopt ED Comments, JB/RM. All Agree
Item carried forward from Agenda of October 13, 1999.
Item 3. 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 January 12, 2000


Huston
Marquez
Baker

AGENDA

Wednesday, October 27, 1999

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.

Room 201S, Bldg E.

12100 Park 35 Circle

Hearing Requests
Item 1. Docket No. 1999-1189-MWD. Consideration of permit application no. 11866-001, submitted by Brushy Creek Municipal Utility District for a renewal of Permit No. 11866-001, that authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 300,000 gallons per day. The plant site is located approximately 2 miles west of interstate Highway 35 and 3,600 feet north of Farm-to-Market Road 3406 in Williamson County, Texas. The Commission will also consider hearing requests, related responses and replies, public comment and the Executive Director's response to comments.
Continued March 22, 2000
Item 2. Docket No. 1999-1176-MWD. Consideration of permit application no. 13995-001, submitted by Helen Jane Williams for a new permit, TNRCC Proposed Permit No. 13995-001 to authorize the discharge of treated domestic wastewater at a daily average flow not to exceed 13,050 gallons per day. The site is located 3.0 miles south of Burleson on Interstate Highway 35 in Johnson County, Texas. The Commission will also consider hearing requests, related responses and replies, public comment and the Executive Director's response to comments.
Executive Director Requested Direct Referral to State Office Administrative Hearing
Item 3. Docket No. 1999-1177-MWD. Consideration of permit application no. 13920-001, submitted by Aviation Utilities Services, Inc. for a renewal of TNRCC Permit no. 13920-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 90,000 gallons per day. The plant site is located approximately 4,000 feet south of the intersection of State Highway 1171 and Interstate Highway 35W, 3,000 feet east of Interstate Highway 35W and 2,500 feet west of the North West Regional Airport landing strip 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.
Deny Hearing Request and approve application, RH/JB. All Agree
Item 4. Docket No. 1999-1180-MWD. Consideration of permit application no. 13834-001, submitted by City of Willow Park for a renewal of Permit No. 13848-001, that authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 300,000 gallons per day. The plant site is located on the southwest corner of the Clear Fork Trinity River crossing of Crown Road, approximately 3,000 feet east of the Willow Springs Road, in the City of Willow Park in Parker 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
Item 5. Docket No. 1999-1181-MWD. Consideration of permit application no. 13031-001, submitted by Block House Municipal Utility District for a renewal of TNRCC Permit No. 13031-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 500,000 gallons per day. The plant site is located approximately 1.25 miles east of U.S. Highway 183 and 2 miles north of Farm-to-Market Road 1431 in Williamson County, Texas. The Commission will also consider hearing request, related responses and replies, public comment and the Executive Director's response to comments.
Deny hearing request and approve application, JB/RH. All Agree
Item 6. Docket No. 1999-1178-MWD. Consideration of permit application no. 14083-001, submitted by White Oak Developers, Inc. for a new permit proposed Texas Pollutant Discharge Elimination System (TPDES) Permit No. 14083-001, to authorize the discharge of treated domestic wastewater at a daily average flow not to exceed 750,000 gallons per day. The plant site is located approximately 1,000 feet due west of confluence of Robinson Gully and White Oak Creek in Montgomery County, Texas. The Commission will also consider hearing request, related responses and replies, public comment and the Executive Director's response to comments.
Continued to December 15, 1999
Item 7. Docket No. 1999-1179-IHW. Consideration of an application by E.I. Du Pont De Nemours & Company, Inc. (Beaumont Works Facility), located at State Highway 347 on the west bank of the Neches River, six miles southeast of Beaumont on approximately 750 acres in Nederland, Jefferson County, Texas, has applied to the Texas Natural Resource Conservation Commission (TNRCC) for renewal of Hazardous Waste Permit (Permit No. HW-50166) and renewal of compliance plan (Compliance Plan No. CP-50166). The permit would authorize the continued post-closure care for five surface impoundments (Permit Unit Nos. 1-5). The compliance plan renewal will require the permittee to continue to monitor the concentrations of hazardous constituents in groundwater and remediate ground-water quality to specific standards. The Commission will also consider hearing requests, related responses and replies, public comment and the Executive Director's response to comments.
Grant Application and Issue Permit adopt Executive Directors Comments, RH/JB. All Agree
Air Enforcement Agreed Orders
Item 8. Docket No. 1999-0487-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Melvin Woods dba Sundance Motors in Dallas County; Air Account No. DB-4696-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. (Michael De La Cruz/Carl Schnitz)
Issue Agreed Order, RH/RM. All Agree
Item 9. Docket No. 1999-0074-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Silver Creek Materials, Incorporated in Tarrant County; Account No. TA-3345-H; for air quality violations pursuant to the Texas Clean Air Act, TEX. HEALTH & SAFETY CODE ch. 382; TEX. HEALTH & SAFETY CODE 341; TEX. WATER CODE chs. 7 and 26; and the rules of the Texas Natural Resource Conservation Commission. (Suzanne Walrath)
Issue Agreed Order, RH/RM. All Agree
Item 10. Docket No. 1998-1421-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Cardell Kitchen & Bath Cabinetry, Incorporated in Bexar County; Account No. BG-0395-U; 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. (Carl Schnitz)
Issue Agreed Order, RH/RM. All Agree
Item 11. Docket No. 1999-0560-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of North American Precast Company in Bexar County; TNRCC ID No. 92-8701-H; for air quality violations pursuant to the Texas Clean Air Act, Chapter 382 of the Texas Health & Safety Code, water quality violations pursuant to Chapter 26 of the Texas Water Code, and the rules of the Texas Natural Resource Conservation Commission. (John Wright)
Issue Agreed Order, RH/RM. All Agree
Item 12. Docket No. 1999-0392-AIR-E. Consideration of an Agreed Order assessing administrative penalties and resolving an enforcement action against John Fayard/Fastway Systems, Inc. in Harris County; Air Account No. HX-2039-F; for air quality violations pursuant to the Texas Clean Air Act, Texas Health & Safety Code ch. 382, the Texas Water Code ch. 7, and the rules of the Texas Natural Resource Conservation Commission. (Sheila Smith)
Issue Agreed Order, RH/RM. All Agree
Item 13. Docket No. 1998-0119-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Formosa Plastics Corporation, Texas in Calhoun County; Account No. CB-0038-Q; 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. (Carl Schnitz)
Issue Agreed Order, RH/RM. All Agree
Sludge Enforcement Agreed Order
Item 14. Docket No. 1998-1323-SLG-E. Consideration of an Agreed Order assessing administrative penalties of Mr. James Williams in Hardin County; Sludge/Septage Transporter No. 21121; for water quality violations pursuant to TEX. HEALTH & SAFETY CODE ch. 361 and TEX. WATER CODE chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. ( Susan Kelly and Brian Lehmkuhle)
Issue Agreed Order, JB/RM. All Agree
Public Water Supply Enforcement Agreed Orders
Item 15. Docket No. 1999-0523-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Rafe Miers dba Muther's BBQ in Lubbock County; Public Water Supply No. 1520234; 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, RM/RH. All Agree
Item 16. Docket No. 1999-0078-PWS-E. Consideration of an Agreed Order assessing administrative penalties of Eddie Ramirez dba Elizabeth's Fast Eddie Restaurant in Jim Wells County: Public Water Supply No. 1250035; for drinking water quality violations pursuant to Texas Health and Safety Code ch. 341 and the rules of the Texas Natural Resource Conservation Commission. (Audra Baumgartner)
Issue Agreed Order, RM/RH. All Agree
Item 17. Docket No. 1998-0635-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Asherton in Dimmit County; TNRCC ID No. 0640011; 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. (Tracy L. Gross)
Issue Agreed Order, RM/RH. All Agree
Item 18. Docket No. 1998-1473-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Hawkins Water System in Denton County; PWS ID# 0610122; for drinking water quality violations pursuant to TEX. HEALTH & SAFETY CODE ch. 341 and the rules of the Texas Natural Resource Conservation Commission. (Randy Norwood)
Issue Agreed Order, RM/RH. All Agree
Public Water Supply Enforcement Default Order
Item 19. Docket No. 1998-0981-PWS-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Augustin Valenciana dba Don Balta's Restaurant in El Paso County; TNRCC ID No. 0710176; 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. (Tracy L. Gross)
Remand to Executive Director
Municipal Waste Discharge Enforcement Agreed Orders
Item 20. Docket No. 1998-1458-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Harris County Municipal Utility District in Harris County; Water Quality Permit No. 12209-001; 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)
Continued to November 10, 1999, RH/RM. All Agree
Item 21. Docket No. 1998-0514-MWD-E. Consideration of an Agreed Order assessing penalties and requiring certain actions of Woodcreek Utilities, Inc., a subsidiary of AquaSource, Inc. in Hays County; Permit No. 11431-001; for water quality violations pursuant to TEX. WATER CODE chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Patrick Marcyniuk/Laurie Eaves)
Issue Agreed Order, RM/RH. All Agree
Item 22. Docket No. 1998-0286-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Venus in Johnson County; TNRCC ID No. 10883-001; for water quality violations pursuant to Chapter 26 of the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Robin Houston)
Issue Agreed Order, RM/RH. All Agree
Item 23. Docket No. 1998-1486-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Song Finger dba Willow Park Inn in Scurry County; Water Quality Permit No. 13654-001; for water quality violations pursuant to TEX. WATER CODE chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Stacey Young)
Issue Agreed Order, RM/RH. All Agree
Municipal Waste Discharge Default Order
Item 24. Docket No. 1998-1132-MWD-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of the T. Stan Holland, Individually and Javis Enterprises, Inc. in Tarrant County; Enforcement ID No. 12923; for water quality violations pursuant to Chapter 26 of the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Robin Houston)
Remand to Executive Director
Petroleum Storage Tank Enforcement Agreed Orders
Item 25. Docket No. 1998-1279-PST-E. Consideration of an Agreed Order assessing administrative penalties of Alan Wolcik dba Wolcik Shell in Harris County; PST Facility ID No. 0033110; for petroleum storage tank violations pursuant to TEX. HEALTH & SAFETY CODE ch. 382 and TEX. WATER CODE ch. 7 and the rules of the Texas Natural Resource Conservation Commission. (Trina K. Lewison/Gayle Zapalac)
Issue Agreed Order, JB/RM. All Agree
Item 26. Docket No. 1999-0478-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Al-Azar Enterprises, Inc. in Harris County; Petroleum Storage Tanks No. 0039690; for petroleum storage tank violations pursuant to Texas Health & Safety Code chapter 382, Texas Water Code chapter 7, and the rules of the Texas Natural Resource Conservation Commission. (Steven Lopez)
Issue Agreed Order, JB/RM. All Agree
Item 27. Docket No. 1999-0282-PST-E. Consideration of an Agreed Order assessing administrative penalties and resolving an enforcement action against TMT Incorporated dba Whip In #106 in Dallas County; Petroleum Storage Tank ID No. 0054776; for petroleum storage tank violations pursuant to the Texas Health & Safety Code Chapter 382, Texas Water Code Chapter 7, and the rules of the Texas Natural Resource Conservation Commission. (Michael De La Cruz/Steven Lopez)
Issue Agreed Order, JB/RM. All Agree
Item 28. Docket No. 1999-0346-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Yamuna Corporation dba C & C Discount in Tarrant County; Petroleum Storage Tank Facility ID No. 0000756; for petroleum storage tank violations pursuant to TEX. HEALTH & SAFETY CODE ch. 382, the TEX. WATER CODE ch 7, and the rules of the Texas Natural Resource Conservation Commission. (Kent Heath)
Issue Agreed Order, JB/RM. All Agree
Item 29. Docket No. 1999-0533-PST-E. Consideration of an Agreed Order assessing administrative penalties and resolving an enforcement action against Dalworthington Fence Company, Incorporated dba Dalworthington Fence & Supply in Tarrant County; Petroleum Storage Tank ID No. 0020673; for petroleum storage tank violations pursuant to the TEX. WATER CODE chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Michael De La Cruz/Gayle Zapalac)
Issue Agreed Order, JB/RM. All Agree
Item 30. Docket No. 1998-0561-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Mansoor Virani in Galveston County; TNRCC ID No. 34473; for petroleum storage tank violations pursuant to Chapter 26 of the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Camille Morris)
Issue Agreed Order, JB/RM. All Agree
Item 31. Docket No. 1998-0935-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Shaban Jannesari dba S. Mart Foods in Harris County; TNRCC ID No. 34848 and Enforcement ID No. 12781; for petroleum storage tank violations pursuant to Chapter 26 of the Texas Water Code, Chapter 382 of the Texas Health and Safety Code, and the rules of the Texas Natural Resource Conservation Commission. (Camille Morris)
Issue Agreed Order, JB/RM. All Agree
Item 32. Docket No. 1999-0094-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of E. C. McFadden dba Sac N Pac in Crane County; PST Facility ID No. 42873; for petroleum storage tank violations pursuant to TEX. WATER CODE chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Gloria Stanford)
Issue Agreed Order, JB/RM. All Agree
Petroleum Storage Tank Shutdown Orders
Item 33. Docket No. 1999-0241-PST-E. Consideration of a Shutdown Order requiring certain actions of Doy Avni Kamihetzki formerly Samantha Corp. Inc. in Harris County; TNRCC ID No. 0047404; for petroleum storage tank violations pursuant to Chapter 26 of the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Lisa Lemanczyk)
Approve Shutdown order with changes as recommended, RH/RM. All Agree
Item 34. Docket No. 1999-0291-PST-E. Consideration of a Shutdown Order requiring certain actions of R.E. Harper dba the Short Stop in Harris County; TNRCC ID No. 66832; for petroleum storage tank violations pursuant to Chapter 26 of the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Lisa Lemanczyk)
Approve Shutdown Order, RH/RM. All Agree
Agricultural Enforcement Agreed Orders
Item 35. Docket No. 1999-0304-AGR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Gainesville Livestock Market Incorporated in Cooke County; Water Quality Permit No. None; 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 De La Cruz)
Issue Agreed Order, RH/RM. All Agree
Item 36. Docket No. 1999-0608-AGR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of M & M Dairy, Inc. in Collin County; TNRCC ENF. ID No. 13283; for water quality violations pursuant to Chapter 26 of the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Ali Abazari)
Issue Agreed Order, RH/RM. All Agree
Municipal Solid Waste Enforcement Agreed Order
Item 37. Docket No. 1999-0534-MSW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Cleburne in Johnson County; Municipal Solid Waste Permit No. 534; for municipal solid 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. (John Mead)
Issue Agreed Order, RH/RM. All Agree
Landscape Irrigation Enforcement Default Order
Item 38. Docket No. 1997-0422-LII-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Mark Nash in El Paso County; Enforcement ID No. 12430 for landscape irrigation violations pursuant to Chapter 34 of the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Heather Otten)
Issue Default Order, RM/JB. All Agree
Budgets
Item 39. Docket No. 1999-1245-BGT. Consideration of an order assessing the cost of Watermaster Operations in the South Texas Watermaster Division, which consists of the Nueces, San Antonio, Guadalupe and Lavaca River Basins, as well as the Lavaca-Guadalupe, San Antonio-Nueces and Nueces-Rio Grande Coastal Basins, except that part of the Nueces-Rio Grande Coastal Basin in Hidalgo, Cameron, Willacy and Starr Counties. The compensation and necessary expenses of the South Texas Watermaster operations for the fiscal year beginning September 1, 1999 and ending August 31, 2000 is FOUR HUNDRED FIFTY-SEVEN THOUSAND NINE HUNDRED AND FORTY-EIGHT AND NO-100 DOLLARS ($457,948.00). (Robin Smith)
Approve Budget, RM/RH. All Agree
Item 40. Docket No. 1999-1244-BGT. Consideration of an order assessing the cost of Watermaster Operations in the Rio Grande Watermaster Division, which consists of the Fort Quitman, Texas to the mouth of the Rio Grande River, excluding the watersheds of the Pecos and Devils Rivers; and includes that portion of the Nueces-Rio Grande Coastal Basin lying in Hidalgo, Cameron, Willacy and Starr Counties. The compensation and necessary expenses of the Rio Grande Watermaster operations for the fiscal year beginning September 1, 1999 and ending August 31, 2000 is SIX HUNDRED TWENTY-FIVE THOUSAND AND NO/100 DOLLARS ($625,000.00). (Robin Smith)
Approve Budget, RM/RH. All Agree
Industrial Hazardous Waste Enforcement Agreed Order
Item 41. Docket No. 1999-0397-IHW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of American Plant Food Corporation in Nacogdoches County; Industrial and Hazardous Waste No. F0277; for industrial & hazardous waste violations pursuant to the Texas Solid Waste Disposal Act, TEX. HEALTH & SAFETY CODE ch. 361 and TEX. WATER CODE chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Tim Haase)
Issue Agreed Order, RM/RH. All Agree
Item 42. Docket No. 1999-0390-IHW-E. Consideration of an Agreed Order assessing administrative penalties against Celanese Ltd. in Matagorda County; Solid Waste Registration No. 30134; for industrial & hazardous waste violations pursuant to the Texas Solid Waste Disposal Act, Tex. Health and Safety Code ch. 361, Tex. Water Code ch. 7, and the rules of the Texas Natural Resource Conservation Commission. (Aron Athavaley/Elvia Maske)
Issue Agreed Order, RM/RH. All Agree
Edwards Aquifer Enforcement Agreed Order
Item 43. Docket No. 1998-0599-EAQ-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Georgetown Independent School District and Georgetown Healthcare System, Inc. in Williamson County; 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/RH. All Agree
Rules
Item 44. Docket No. 1999-0449-RUL. Consideration for approval of the rules review and repeal of 30 TAC Chapter 119, concerning Control of Air Pollution from Carbon Monoxide. This review complies with Section 2001.39, Texas Government Code and the General Appropriations Act, Article IX, Section 9-10.13, 76th Legislature, 1999. The commission has reviewed the rules and has determined that a need for the rules no longer exists. The proposed repeal and notice of intention to review were published in the July 2, 1999 issue of the Texas Register (24 TexReg 4969 and 5032). (Beecher Cameron) (Rule Log No. 98035-119-AI)
Approve rules review and repeal, RM/JB. All Agree
Item 45. Docket No. 1999-1167-RUL. Consideration for publication of a Notice of Intention to Review and proposed repeal of 30 TAC Chapter 261, concerning General Provisions, and proposed new 30 TAC Chapter 261, concerning Impact Statements. The new chapter would change the title and the format of the previous Chapter 261.
New Chapter 261 - Impact Statements
Subchapter A : Environmental, Social, and Economic Impacts Statements
261.1 Relevance of Impacts Evidence.
261.2 Filing of Federal Statement Required.
261.3 Executive Director's Recommendation.
261.4 Statement Filed with Executive Director.
261.5 Impacts Statement Guidelines.
261.6 Impact Statement Supplemented by Testimony.
Subchapter B : Guidelines for Preparation of Environmental, Social, and
Economic Impacts Statements
261.21 Introduction.
261.22 Impact Assessment Process.
261.23 Specific Guidelines for the Impacts Statement.
The Notice of Intention to Review is in accordance with Texas Government Code, Section 2001.039 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/Doyle Mosier) (Rule Log No. 98054-261-AD).
Approve publication of notice of intention to review and proposed repeal, RM/RH. All Agree
Item 46. Docket No. 1999-0640-RUL. Consideration for adoption of amendments to 30 TAC Chapter 115, Control of Air Pollution from Volatile Organic Compounds, Subchapter B, concerning General Volatile Organic Compound Sources: amendments to Sections 115.140, and 115.142 - 115.149, concerning Industrial Wastewater; new Sections 115.160 - 115.167 and 115.169, concerning Batch Processes; and revisions to the State Implementation Plan regarding these amendments. If adopted, these amendments would ensure the implementation of reasonably available control technology for major volatile organic compound sources in the Beaumont/Port Arthur and Houston/Galveston ozone nonattainment areas. The amendments would also reorganize and modify portions of the existing Chapter 115 industrial wastewater rules which apply in the Dallas/Fort Worth, El Paso, and Houston/Galveston ozone nonattainment areas. The proposed amendments were published in the July 16, 1999, issue of the Texas Register (24 TexReg 5413). (Eddie Mack) (Rule Log No. 99019-115-AI)
Adopt amendments, RH/RM. All Agree
Item 47. Docket No. 1999-0332-RUL. Consideration for adoption of amendments to 30 TAC Chapter 115, Control of Air Pollution from Volatile Organic Compounds, Section 115.127, concerning Exemptions; and for revisions to the State Implementation Plan. If adopted, the amendments would revise the vent gas rule by extending the 30,000 part per million concentration limit exemption for pulp and paper mills until April 15, 2001. The proposal was published in the June 11, 1999 issue of the Texas Register (24 TexReg 4345). (Alan Henderson) (Rule Log No. 98057-115-AI).
Adopt amendments, RH/RM. All Agree
Item 48. Docket No. 1999-0620-RUL. Consideration for adoption of amendments to 30 TAC Chapter 117, concerning Control of Air Pollution from Nitrogen Compounds, Subchapter A, concerning Definitions; Subchapter B, concerning Combustion at Existing Major Sources; and Subchapter D, concerning Administrative Provisions; and revisions to the State Implementation Plan concerning the amendments. If adopted, the changes would set emission limits, a compliance schedule, and requirements for operating, testing, recordkeeping and reporting for stationary gas-fired, lean-burn engines in the Beaumont/Port Arthur (BPA) ozone nonattainment area. The changes would also eliminate the requirement to operate wood-fired boilers with flue gas sensor-based trim, add an option to monitor exhaust flow instead of fuel flow, and clarify several requirements and rule references applicable to major existing sources of nitrogen oxides in the BPA, Dallas/Fort Worth, and Houston/Galveston ozone nonattainment areas. The proposed rules were published in the July 16, 1999 issue of the Texas Register (24 TexReg 5436). (Randy Hamilton) (Rule Log No. 99020-117-AI)
Adopt amendments with changes, RH/RM. All Agree
Item 49. Docket No. 1999-0599-RUL. Consideration for adoption of the State Implementation Plan (SIP) concerning the attainment demonstration for the Beaumont/Port Arthur (BPA) ozone nonattainment area. This SIP contains the results of air quality dispersion modeling for attaining the one-hour ozone standard in BPA and a commitment to adopt additional NOx rules for BPA point sources. (Mike Magee) (Rule Log No. 99018-SIP-AI)
Adopt State Implementation Plan, RH/RM. All Agree
State Implementation Plan
Item 50. Docket No. 1999-0602-SIP. Consideration for adoption of the State Implementation Plan (SIP) concerning the attainment demonstration for the Houston/Galveston (HGA) ozone nonattainment area. This SIP provides the results of modeling of specific control strategies for attaining the one-hour ozone standard in HGA. (Mike Magee) (Rule Log No. 99021-SIP-AI)
Adopt State Implementation Plan, RH/RM. All Agree
EXECUTIVE SESSION
Item 51. 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 52. 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 27, 1999

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.

Room 201S, Bldg E.

12100 Park 35 Circle

Item 53. Docket No. 1999-1153-SPF. Consideration of an Administrative Order to Settle Part of The State's Claim for Past and Future Costs with a group of PRPs at the J.C. Pennco Waste Oil Services State Superfund Site in San Antonio, Bexar County, Texas.
Approve Administrative Order, RM/JB. All Agree


SECOND ADDENDUM TO AGENDA

Wednesday, October 27, 1999

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.

Room 201S, Bldg E.

Item 54. Docket NO. 1999-0971-AIR-E. 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 E.I. du Pont de Nemours and Company, Beaumont Methanol Limited Partnership, DuPont Dow Elastomer L.L.C. and ICI Acrylics Inc. in Jefferson County, Texas. If granted the petitioners will have their properties designated as a single property in order to demonstrate compliance with TNRCC regulations, ambient air quality standards, effects screening levels, and other rules or guidelines, such that none of the four Petitioners' operational areas within the Site will be considered a receptor of the other. Property owners/operators who submit such petitions are subject to several criteria, as discussed below. (Lisa McClain, Victoria Hsu, Tim Friday)
Approve Order, RM/RH. All Agree


THIRD ADDENDUM TO AGENDA

Wednesday, October 27, 1999

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.

Room 201S, Bldg E.

12100 Park 35 Circle

Item 55. Docket No. 1999-1206-UCR. Consideration of whether to affirm, modify or set aside an Emergency Order issued on September 30, 1999 by the Executive Director of the Texas Natural Resource Conservation Commission. The Emergency Order appointed El Paso Water Control and Improvement District No. 4 as temporary manager for Cuadrilla Improvement Corporation's water and wastewater systems in El Paso County under the authority of Tex. Water Code chs. 5 and 13 and 30 Tex. Admin. Code 291.143. The Emergency Order allows El Paso Water Control and Improvement District No. 4 to continue operations to provide continuous and adequate services to Cuadrilla's customers. (Nathan Block)
Affirm Order, RH/JB. All Agree


FOURTH ADDENDUM AGENDA

Wednesday, October 27, 1999

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.

Room 201S, Bldg E.

12100 Park 35 Circle

Item 56. Docket No. 1999-1182-AGR. Consideration of permit application no. 03669, submitted by Wayne Moerman for a new Texas Pollutant Discharge Elimination System (TPDES) permit to operate an existing concentrated animal feeding operation (CAFO) for a dairy facility at a maximum of 995 head in Comanche 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 north side of State Highway 16, 2.5 miles south of Comanche City limits in Comanche County, Texas.
Continued to December 1, 1999


AGENDA

Wednesday, October 27, 1999

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

1:00 p.m.

Room 201S, Bldg E.

12100 Park 35 Circle

Item 1. Docket No. 1998-0446-RAW-E; SOAH Docket No. 582-99-0144. Consideration of Administrative Law Judge's Proposal for Decision and Proposed Order assessing administrative penalties against and requiring certain actions of Iso-Tex, Incorporated in Brazoria County for alleged violations of Texas Health & Safety Code chs. 361 and 401, Texas Water Code ch. 7, and the rules of the Texas Natural Resource Conservation Commission. The ALJ finds that Iso-Tex, Incorporated violated the TNRCC Radioactive Substance Rules and recommends a penalty of $35,000. (Senior Administrative Law Judge Kerry D. Sullivan)
Adopt Proposal for Decision and Issue Order, overrule all exceptions, RH/RM. All Agree
Item 2. Docket No. 1997-1092-IHW-E; SOAH Docket No. 582-98-0864. Consideration of Administrative Law Judge's Proposal for Decision and Proposed Order assessing administrative penalties against and requiring certain actions of Weldon B. Sewell, Jr. in Dallas County for alleged violations of Texas Health & Safety Code ch. 361, Texas Water Code ch. 26, and the rules of the Texas Natural Resource Conservation Commission. The ALJ finds that Weldon B. Sewell, Jr. violated regulations prohibiting unauthorized discharges into or adjacent to water in the state and a rule requiring hazardous waste determinations, and recommends corrective actions and a penalty of $79,040. (Administrative Law Judge Thomas Walston)
Adopt Proposal for Decision and Issue Order, JB/RM. All Agree
Item 3. Docket No. 1995-1004-ISW-E; SOAH Docket No. 582-95-1044. Petition of the Executive Director against Fina Oil & Chemical Company and Fina Pipeline Company, assessing administrative penalties and requiring certain actions for solid waste violations pursuant to Chapter 26 of the Texas Water Code, Chapter 361 of the Texas Health and Safety Code and 30 Texas Administrative Code 335.4. The Commission will consider Certified Questions, filed by Administrative Law Judge Leslie Craven on August 3, 1999, concerning the Commission's Authority under 26.121 of the Texas Water Code and 30 Texas Administrative Code 335.4 to require corrective action and impose administrative penalties with regard to passive migration of contaminants. Fina Pipeline currently owns a pipeline that passes north of the Foster and Clawson subdivisions located west of Coahoma, Howard County, Texas. (Ali Abazier)
Adopt Executive Director's recommendations and instructed the Executive Director to bring an order to commission agenda within next 2 weeks, JB/RM. All Agree