AGENDA

Wednesday, November 17, 1999

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

8:30 a.m.

Room 201S, Bldg E.

12100 Park 35 Circle

Item 1. Docket No. 1998-1154-EXE. The Commission will meet in closed session to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of the Commission's Executive Director, as permitted by Section 551.074 of the Texas Open Meetings Act, Chapter 551 of the Government Code. The Commission may also meet in open session to take action on this matter as required by Section 551.102 of the Texas Open Meetings Act, Chapter 551 of the Government Code.
No Action Taken
Item 2. Docket No. 1999-0024-EXE. THE COMMISSION WILL CONDUCT A CLOSED MEETING TO RECEIVE LEGAL ADVICE AND WILL DISCUSS PENDING OR CONTEMPLATED LITIGATION, SETTLEMENT OFFERS, AND/OR THE APPOINTMENT, EMPLOYMENT, EVALUATION, REASSIGNMENT, DUTIES, DISCIPLINE OR DISMISSAL OF SPECIFIC COMMISSION EMPLOYEES, as permitted by Sections 551.071 and 551.074, the Open Meetings Act, codified as Chapter 551 of the Government code. No final action, decision or vote with regard to any legal or personnel matter considered in the closed meeting shall be made in the absence of further notice issued in accordance with Chapter 551 of the Government Code.
No Action Taken
Item 3. Docket No. 1999-0025-EXE. THE COMMISSION WILL CONDUCT A CLOSED SESSION TO DISCUSS THEIR DUTIES, ROLES, AND RESPONSIBILITIES AS COMMISSIONERS OF THE TNRCC PURSUANT TO SECTION 551.074 OF THE OPEN MEETINGS ACT, CODIFIED AS CHAPTER 551 OF THE GOVERNMENT CODE. The Commission may also meet in open session to take action on this matter as required by Section 551.102 of the Texas Open Meetings Act, Chapter 551 of the Government Code.
No Action Taken


Huston
Marquez
Baker

AGENDA

Wednesday, November 17, 1999

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.

Room 201S, Bldg E.

12100 Park 35 Circle

Authorization to Construct
Item 1. Docket No. 1999-1303-IWD. Consideration of a Request by BFI Waste Systems of North America, Inc. (BFI) for an Order authorizing construction of a groundwater treatment facility to treat contaminated groundwater at its McCarty Road Landfill at 11013 Old Beaumont Highway in Harris 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. Applicant is requesting the authorization to construct in order to comply with the requirements of 30 TAC Sections 330.236-237. The proposed authorization to construct would not permit the discharge of stormwater and groundwater collecting in an on-site Borrow Pit, nor would it permit the discharge of remediated groundwater from two saturated zones beneath the northeast portion of the facility. (Lisa M. McClain, Nicole Janak)
No Action Required, Applicant Withdrew Application
Contract
Item 2. Docket No. 1999-1326-UCR. Consideration of approval of a contract pursuant to Texas Water Code Section 13.248 entered into by the City of Pearland, Philips Utilities Management Co., and Walker Water Works concerning the areas to be served by Certificates of Convenience and Necessity Nos. 11008 and 20403 in Brazoria and Harris Counties, Texas. (John Deering, Lara Nehman)
Continued to December 1, 1999
Air Enforcement Default Order
Item 3. Docket No. 1999-0062-AIR-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Ali Al-Khafaji dba Al's Auto Sales in Denton County; TNRCC ID No. DF-0408-N; 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. (Robin Houston)
Issue Default Order, JB/RM. All Agree
Air Enforcement Agreed Order
Item 4. Docket No. 1999-0723-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Floyd Harrison dba Euless Auto Sales in Tarrant County; Air Account No. TA-2840-W; 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
Industrial Waste Discharge Enforcement Agreed Order
Item 5. Docket No. 1999-0085-IWD-E. Consideration of an Agreed Order assessing administrative penalties against Quest Separation Technologies, Inc. in Harris County; Water Quality Permit No. 03686; 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
Municipal Waste Discharge Enforcement Agreed Orders
Item 6. Docket No. 1998-1129-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Mamie Dell Baker in Harrison County; Water Quality Permit No. 12962-001; for water quality violations pursuant to Tex. WATER CODE chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission (Brian Lehmkuhle)
Issue Agreed, RH/RM. All Agree
Item 7. Docket No. 1999-0256-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Linden in Cass County; Water Quality Permit No. 10429-002; for water quality violations pursuant to TEX. WATER CODE chs. 7 and 26, and the rules of the Texas Natural Resource Conservation Commission. (Eric Reese)
Issue Agreed Order, RH/RM. All Agree
Item 8. Docket No. 1998-0397-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Bandara in Bandara County; TNRCC ID No. 10121-001; for water quality violations pursuant to Chapters 7 and 26 of the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Nathan Block)
Issue Agreed Order, RH/RM. All Agree
Petroleum Storage Tank Enforcement Agreed Orders
Item 9. Docket No. 1999-0451-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Mohammed Sharif dba Glad Mart in Tarrant County; PST Facility 0039372; for petroleum storage tank violations pursuant to TEX. HEALTH & SAFETY CODE, ch. 382, the TEX. WATER CODE chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Gloria Stanford)
Issue Agreed Order, RM/JB. All Agree
Item 10. Docket No. 1999-0528-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Mobile Oil Corporation dba Mobil #633 in Dallas County; Petroleum Storage Tank ID No. 0048498; for petroleum storage tank violations pursuant to the TEX. HEALTH & SAFETY CODE ch. 382, TEX. WATER CODE chs. 7 and 26, and the rules of the Texas Natural Resource Conservation Commission. (Michael De La Cruz/Julia McMaster)
Issue Agreed Order, RM/JB. All Agree
Item 11. Docket No. 1999-0633-PST-E. Consideration of an Agreed Order assessing administrative penalties against Pilot Corporation in Dallas County; PST Facility ID No. 0064834; for a petroleum storage tank violation pursuant to the TEX. HEALTH & SAFETY CODE ch. 382 and TEX. WATER CODE chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Thomas Greimel)
Issue Agreed Order, RM/JB. All Agree
Petroleum Storage Tank Shutdown Orders
Item 12. Docket No. 1999-0677-PST-E. Consideration of a Shutdown Order requiring certain actions of Salim Merchant dba Neighbor Mini Mart in Bexar County; TNRCC ID No. 5938; for petroleum storage tank violations pursuant to Chapter 26 of the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (John Wright)
Issue Shutdown Order, RH/RM. All Agree
Item 13. Docket No. 1999-0673-PST-E. Consideration of a Shutdown Order requiring certain actions of Douglas H. Raney dba Aztec Rental Center of San Antonio in Bexar County; TNRCC ID No. 34504; for petroleum storage tank violations pursuant to Chapter 26 of the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (John Wright)
Issue Shutdown Order, RH/RM. All Agree
Sludge Enforcement Default Order
Item 14. Docket No. 1998-0587-SLG-E. Consideration of a Default Order assessing administrative penalties against and requiring certain actions of Arthur Cosello dba Costello's Septic Tank Service Tank Service in Hays County; TNRCC ID No. 22380; for water quality violations pursuant to Chapter 26 of the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Camille Morris)
Issue Default Order, RM/RH. All Agree
Public Water Supply Enforcement Agreed Orders
Item 15. Docket No. 1998-0490-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Walter Schreiner dba Y O Ranch Adventure Camp in Kerr County; TNRCC ID No. 1330116; for public drinking water violations pursuant to Chapter 341 of the Texas Health & Safety Code and the rules of the Texas Natural Resource Conservation Commission. (David Speaker)
Issue Agreed Order, RM/RH. All Agree
Item 16. Docket No. 1998-0893-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Lajitas Utility Company, Inc. dba Lajitas on the Rio Grande in Brewster County; Public Water Supply No. 0220018; 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. (Terry Thompson)
Issue Agreed Order, RM/RH. All Agree
Municipal Solid Waste Enforcement Agreed Order
Item 17. Docket Nos. 1998-0724-MIS and 1998-1051-MSW-E. Consideration of an Agreed Order assessing administrative penalties against and requiring certain actions of Quality Rubber Products, Inc. dba Tire Recycling of San Antonio in Bexar County; TNRCC ID No. 79510; 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. (Mary R. Risner)
Issue Agreed Order, RH/RM. All Agree
Agricultural Enforcement Default Order
Item 18. Docket No. 1998-0157-AGR-E. Consideration of a Default Order assessing administrative penalties against and requiring certain actions of Clifton Sherwood in Tarrant County; TNRCC ID No. None; for confined animal feeding operation water quality violations pursuant to Chapter 26 of the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Camile Morris)
Issue Default Order, RH/RM. All Agree
Rules
Item 19. Docket No. 1999-1188-RUL. Consideration for publication of, and hearing upon, proposed amendments to the following sections of 30 TAC Chapter 111, concerning Control of Air Pollution from Visible Emissions and Particulate Matter; Subchapter A, concerning Visible Emissions and Particulate Matter; Division 2, concerning Incineration.
111.121 - Single-, Dual-, and Multiple-Chamber Incinerators
111.123 - Medical Waste Incinerators
111.125 - Testing Requirements
111.127 - Monitoring and Recordkeeping Requirements
111.129 - Operating Requirements
The proposed amendments delete exhaust gas oxygen and carbon monoxide monitoring requirements for incinerators which qualify for exemptions from permitting, clarify that an incinerator must have a continuous monitoring system for opacity or carbon monoxide to operate at night, delete medical waste incinerator requirements which are being moved to another chapter, and allow the use of additional test methods for testing hydrogen chloride emissions. (Alan Henderson/David Ferrell) (Rule Log No. 99012-111-AI).
Approve Publication and Hearing, JB/RM. All Agree
Item 20. Docket No. 1999-1307-TML. Consideration for publication of, and hearing on, the proposed Total Maximum Daily Load (TMDL) allocation and implementation plan concerning dissolved nickel in the Houston Ship Channel System in the Houston metropolitan area of Harris County. The proposed TMDL will be incorporated into the state water quality management plan pursuant to the Federal Clean Water Act. (Larry Koenig) (Rule Log No. 98061-TML-WT)
Approve Publication and Hearing, RH/JB. All Agree
Item 21. Docket No. 1999-1114-RUL. Consideration for publication of a Notice of Intention to Review and proposed amendments to 30 TAC Chapter 288, Water Conservation Plans, Drought Contingency Plans, Guidelines and Requirements. This 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. The proposed amendments would incorporate recent legislative changes and clarify the rules. (John Warden)(Rule Log No. 99037-288-WT)
Approve publication of notice of intention to review and proposed amendments to 30 TAC Chapter 288, JB/RM. All Agree
Item 22. Docket No. 1999-0805-RUL. Consideration for adoption of 30 TAC Chapter 319, Subchapter C, Public Notice of Spills or Accidental Discharges from Wastewater Facilities Owned or Operated by Local Governments. If adopted, the new subchapter will implement House Bill 1074, 76th Legislature (1999), which requires the notification of appropriate local officials and local media in the event of a spill from a wastewater treatment or collection system owned or operated by a local government which may adversely affect a source of drinking water. The proposed rules were published in the August 13, 1999 issue of the Texas Register (24 TexReg 6243). (Pat Hooper/Jim Dodds) (Rule Log No. 99031-319-WT)
Approve adoption of 30 TAC Chapter 319, Subchapter C, RH/RM. All Agree
Item 23. Docket No. 1999-1322-RUL. Consideration of a petition for rulemaking for amendments to 30 TAC Chapter 39, relating to Public Notice, Subchapter E, 39.251, concerning Application for Injection Well Permit, and consideration for conforming amendments to 30 TAC Chapter 39, Subchapter L, 39.651. The petition requests that the commission propose and adopt rules that would change the public notice requirement for mineral rights owners within the cone of influence of an underground injection well. (Devane Clarke/Lara Nehman) (Rule Log No. 99071-039-WS)
Accept order as drafted by staff, JB/RH. All Agree
EXECUTIVE SESSION
Item 24. 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 25. 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.


OLD BUSINESS TO AGENDA

Wednesday, November 17, 1999

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

1:00 p.m.

Room 201S, Bldg E.

12100 Park 35 Circle

Item carried forward from Agenda of November 10, 1999.
Item 1. Docket No. 1995-1004-ISW-E; SOAH Docket No. 582-95-1044. The Commission will consider the Executive Director's proposed order, which answers all Certified Questions, as directed by the Commission at its October 27, 1999 public meeting. The certified questions were 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. This matter concerns the 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. Fina Pipeline currently owns a pipeline that passes north of the Foster and Clawson subdivisions located west of Coahoma, Howard County, Texas. (Ali Abazari)
Approve Interim Order, RH/RM. All Agree


AGENDA

Wednesday, November 17, 1999

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

1:00 p.m.

Room 201S, Bldg E.

12100 Park 35 Circle

Item 1. TNRCC Docket No. 1996-1015-PWS-E; SOAH Docket No. 582-98-0611. Consideration of Administrative Law Judge's Proposal for Decision and Proposed Order assessing administrative penalties against and requiring certain actions of Mitchell Martin dba Suburban Utility Company, Community Utility Company, Pitcairn Subdivision Water System, and Montgomery Place Water System, Inc. in Harris and Montgomery Counties 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 381 violations of the public drinking water rules and assesses an administrative penalty of $70,485.00. (ALJ Leslie Craven)
Adopt Final penalty as calculated by ALJ, which was the $70,485.00 penalty, that penalty be payable at the completion of the remedial actions as required by the order, that penalty will be payable in 18 monthly payments, that there be further deferral of penalty, we make accepted corrections as recommended by ED as to corrections to be made as far as minor corrections to order and that transcripts be fully payable by respondent, RH. (Amend Motion to) Adopt exceptions of ED on penalty and waive $4,070.00 as recommended by ED, RH/JB. All Agree
Item 2. TNRCC Docket No. 1998-0435-MIS; SOAH Docket No. 582-98-1668. Consideration of the Administrative Law Judge's Proposal for Decision and Proposed Order concerning the Executive Director's audit of Max Recycling, Inc., recommending that Max Recycling, Inc. be ordered to repay the Commission sixty-eight thousand, two-hundred-eighty-nine dollars and sixty-nine cents ($68,289.69) which is the amount that the Commission overpaid Max Recycling, Inc. from the Waste Tire Recycling Fund (WTRF). The Max Recycling, Inc. facility is located in Bryan, Texas, Brazos County. (Thomas H. Walston)
Adopt ALJ's Proposal for Decision and Order with addition to Order as Recommended by Executive Director, JB/RM. All Agree