|
|
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. |
|