AGENDA

Wednesday, February 24, 2000

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

8:30 a.m.

Bldg E. Room 201S

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

Thursday, February 24, 2000

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.

Room 201S, Bldg E.

12100 Park 35 Circle

Item carried forward from agenda of October 27, 1999 and December 15, 1999.
Item 1. 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.
Deny hearing request and Issue Permit and adopt ED's Response to Comments, RM/RH. All Agree
Item carried forward from Agenda of October 13, 1999 and October 27, 1999 and January 12, 2000.
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.
Remand to State Office Administrative Hearings.
Item carried forward from agenda of November 10, 1999 and January 12, 2000.
Item 3. Docket No. 1999-1224-MWD. Consideration of permit application # 11003-001, submitted by the CITY OF MANOR for a renewal of TNRCC Permit No. 11003-001 to authorize the discharge of treated domestic wastewater at a daily average flow not to exceed 192,000 gallons per day. The plant site is located approximately 0.25 miles west of State Highway 212 and 0.5 miles south of U.S. Highway 290 on the Old Austin Road 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. (Miguel Galvan/Lisa McClain)
Remand to State Office Administrative Hearings.


AGENDA

Thursday, February 24, 2000

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.

Bldg E. Room 201S

12100 Park 35 Circle

Hearing Request
Item 1. Docket No. 1999-1559-MWD. Consideration of permit application no. 14109-001, submitted by KATY-HOCKLEY CORP. for a new TNRCC Permit No. 14109-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 75,000 gallons per day. The plant site is located approximately 300 feet southeast of the intersection of Katy Hockley Cutoff Road and Morton 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.
Continued to April 19, 2000
Item 2. Docket No. 1999-1573-MWD. Consideration of permit application no. 13043-001, submitted by CREEKSIDE MOBILE COMMUNITY INVESTORS, a CALIFORNIA LIMITED PARTNERSHIP for a major amendment to TNRCC Permit No. 13043-001 to authorize an increase in the discharge of treated domestic wastewater from a daily average flow not to exceed 115,000 gallons per day to a daily average flow not to exceed 140,000 gallons per day. The plant site is located at 4000 Ace Lane in the City of Lewisville approximately one mile south of the intersection of Ace Lane and Farm-to-Market Road 3040 and approximately 1.4 miles west and 1.2 miles south of the intersection of Farm-to-Market Road 3040 and State Highway 121 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.
Continued to April 19, 2000
Item 3. Docket No. 1999-1557-MWD. Consideration of permit application no. 13518-001, submitted by D & K Development Corp. for an amended permit, TNRCC Proposed Permit No. 13518-001 to authorize to authorize an increase in the discharge of treated domestic wastewater from a daily average flow not to exceed 24,500 gallons per day to a daily average flow not to exceed 96,300 gallons per day, to authorize less stringent effluent limitations for BOD5, and TSS, and to remove effluent limitations and monitoring requirements for NH3-N. The site is located on the southwest corner of the intersection of Farm-to-Market Road 1187 and Pershon Road, approximately 3 miles southwest of the intersection of Farm-to-Market Road 1187 and Farm-to-Market Road 731 in Tarrant County, Texas. The Commission will also consider hearing requests, related responses and replies, public comment and the Executive Director's response to comments.
Grant hearing request of association, instructed the Judge to consider only water quality and regionalization issues only, RM/RH. Baker voted no.
Superfund
Item 4. Docket No. 2000-0128-SPF. Consideration of an Administrative Order (AO) to conduct Remedial Action and Post-Closure Activities at the Baldwin Waste Oil State Superfund Site in Robstown, Nueces County, Texas. (Garrett Arthur, Carol Dye)
Issue Administrative Order, RH/JB. Marquez Abstains
Municipal Waste Discharge Enforcement Agreed Orders
Item 5. Docket No. 1999-1060-MWD-E. Consideration of an Agreed Order assessing administrative penalties of Mr. Dennis Fraley in Brazos County; On-Site Sewage Facility; for water quality violations pursuant to Tex. Water Code chs. 7 and 26, and the rules of the Texas Natural Resource Conservation Commission. (Robbie Allen)
Issue Agreed Order, RM/JB. All Agree
Item 6. Docket No. 1999-1058-MWD-E. Consideration of an Agreed Order assessing administrative penalties of Brownsville Public Utilities Board in Cameron County; Water Quality Permit No. 10397-003; 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, RM/JB. All Agree
Item 7. Docket No. 1998-0074-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the The City of Munday in Knox County; TNRCC ID No. 10228-001 for water quality violations pursuant to Chapter 26 of the Texas Water Code, Chapter 361 of the Texas Health & Safety Code, and the rules of the Texas Natural Resource Conservation Commission. (Tracy Gross)
Issue Agreed Order, RM/JB. All Agree
Industrial Hazardous Waste Enforcement Agreed Orders
Item 8. Docket No. 1999-0797-IHW-E. Consideration of an Agreed Order assessing administrative penalties against James Archer dba Multi-Chem LLC in Crockett County; IHW Registration No. F0335; for industrial & hazardous waste violations pursuant to the Texas Solid Waste Disposal Act and the Tex. Health & Safety Code ch. 361, the Tex. Water Code ch. 7 and the rules of the Texas Natural Resource Conservation Commission. (Gloria Stanford)
Issue Agreed Order, JB/RH. All Agree
Item 9. Docket No. 1999-0796-IHW-E. Consideration of an Agreed Order assessing administrative penalties against Charter Waste, Inc. in Ector County; Industrial Hazardous Waste No. H2151; for industrial & hazardous waste violations pursuant to the Texas Solid Waste Disposal Act, the Tex. Health & Safety Code ch. 361, the Tex. Water Code, ch. 7 and the rules of the Texas Natural Resource Conservation Commission. (Gloria Stanford)
Issue Agreed Order, JB/RH. All Agree
Item 10. Docket No. 1999-0696-IHW-E. Consideration of an Agreed Order assessing administrative penalties against Rohm and Haas Texas Incorporated in Harris County: Solid Waste Registration No. 30041; for industrial & hazardous waste violations pursuant to the Texas Solid Waste Disposal Act, Tex. Health & Safety Code ch. 361, Tex. Water Code ch. 7, and the rules of the Texas Natural Resource Conservation Commission, (Aron Athavaley, Rebecca Clausewitz)
Issue Agreed Order, JB/RH. All Agree
Air Enforcement Agreed Orders
Item 11. Docket No. 1999-0342-AIR-E. Consideration of an Agreed Order assessing administrative penalties of Texas Land Clearing, Incorporated in Montgomery County; Air Account No. 90-4108-E; for air quality violations pursuant to Tex. Health & Safety Code ch. 382, Tex. Water Code ch. 7, and the rules of the Texas Natural Resource Conservation Commission. (Lawrence King)
Issue Agreed Order, RH/JB. All Agree
Item 12. Docket No. 1999-0557-AIR-E. Consideration of an Agreed Order assessing administrative penalties and resolving an enforcement action against Wallace Company dba Wetmore & Company in Harris County; Air Account No. HG-7255-B; 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, RH/JB. All Agree
Item 13. Docket No. 1999-1161-AIR-E. Consideration of an Agreed Order assessing administrative penalties of Jon Fincher dba Texas Car Center, Tarrant County; Air Account No. TA-2799-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, (Jorge Ibarra/Carl Schnitz)
Issue Agreed Order, RH/JB. All Agree
Item 14. Docket No. 1999-0314-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Lobo Pipeline Company, a wholly owned subsidiary of Conoco Incorporated in Zapata County; Account No. ZA-0009-O; 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/JB. All Agree
Item 15. Docket No. 1999-0818-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Quality Product Finishing Inc. in Harris County; Air Account HG-1281-T; for air quality violations pursuant to the Tex. Health & Safety Code ch. 382, Tex. Water Code ch. 7 and the rules of the Texas Natural Resource Conservation Commission. (Elvia Maske)
Issue Agreed Order, RH/JB. All Agree
Item 16. Docket No. 1999-0686-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Henry Trujillo dba Henry Trujillo Trucking in El Paso County; TNRCC ID NO. EE-0780-H; for air quality violations pursuant to the Texas Clean Air Act, Chapter 382 of the Texas Health & Safety Code, Chapter 7 of the Texas Water Code, and the rules of the Texas Natural Resource Conservation Commission. (William Puplampu)
Issue Agreed Order, RH/JB. All Agree
Item 17. Docket No. 1999-0967-AIR-E. Consideration of an Agreed Order assessing administrative penalties and resolving an enforcement action against Ralph Sellers dba County Cars #2 in Johnson County; Air Account No. JH-0129-B; 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)
Issue Agreed Order, RH/JB. All Agree
Petroleum Storage Tank Agreed Enforcement Agreed Orders
Item 18. Docket No. 1999-0576-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Your C Store, Inc. in Fayette County; PST Facility ID No. 0036119; for petroleum storage tank violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Tina Rosenzweig/Gayle Zapalac Stewart)
Issue Agreed Order, RM/RH. All Agree
Item 19. Docket No. 1999-0423-PST-E. Consideration of an Agreed Order assessing administrative penalties against Helen Pham dba Silver Bell Grocery in Harris County; PST Facility ID No. 0025187; 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/Rebecca Clausewitz)
Issue Agreed Order, RM/RH. All Agree
Item 20. Docket No. 1998-0576-PST-E. Consideration of an Agreed Order assessing administrative penalties against Nasser S. Jaser dba Bestop No. 3 in Harris County; TNRCC ID No. 0012805; for petroleum storage tank violations pursuant to Chapters 7 and 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. (Lisa Lemanczyk)
Issue Agreed Order, RM/RH. All Agree
Item 21. Docket No. 1998-0670-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Aslam Virani dba Walker Food Store in Galveston County; TNRCC ID No. 0021258; 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. (John Sumner)
Issue Agreed Order, RM/RH. All Agree
Item 22. Docket No. 1999-1065-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Tex-Shak Inc. in Galveston County; Petroleum Storage Tank Facility ID No. 0060451; for petroleum storage tank violations pursuant to Tex. Health & Safety Code ch. 382, Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (David Van Soest)
Issue Agreed Order, RM/RH. All Agree
Item 23. Docket No. 1999-0577-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Joe Hur dba Joe's Grocery in Williamson County; Petroleum Storage Tank Facility ID No. 0009354; for petroleum storage tank violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Tina Rosenzweig/Steven Lopez)
Issue Agreed Order, RM/RH. All Agree
Item 24. Docket No. 1999-0833-PST-E. Consideration of an Agreed Order assessing administrative penalties of Prengler Iron and Metal, Incorporated In Henderson County: PST Facility I.D. No. 69986; 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. (Carolyn V. Lind, Susan Johnson)
Issue Agreed Order, RM/RH. All Agree
Petroleum Storage Tank Default Orders
Item 25. Docket No. 1999-0850-PST-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Mark Mena in Harris 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. (Lisa Lemanczyk)
Issue Default Order, JB/RM. All Agree
Item 26. Docket No. 1999-0223-PST-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Glen Lester Bonds in Lubbock County; TNRCC ID No. 6761; for petroleum storage tank violations pursuant to Chapters 7 and 26 of the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Lisa Lemanczyk)
Issue Default Order, JB/RM. All Agree
Industrial Solid Waste Enforcement Default Order
Item 27. Docket No. 1999-0480-ISW-E. Consideration of a Default Order assessing administrative penalties against Teri Hada Mathis in Fort Bend County; Permit No. None; for industrial 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. (Ali Abazari)
Issue Default Order, RM/RH. All Agree
Agricultural Enforcement Agreed Order
Item 28. Docket No. 1999-0515-AGR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Pete Schouten dba P & L Dairy in Erath County; TNRCC ID NO. 03675; for dairy operation water quality violations pursuant to Chapter 26 of the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (William Puplampu)
Issue Agreed Order, RM/JB. All Agree
Public Water Supply Enforcement Default Order
Item 29. Docket No. 1999-0585-PWS-E. Consideration of a Default Order assessing administrative penalties against Jake Noll dba Big Daddy's in Comal County; TNRCC ID No. 0460213; 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. (Richard O'Connell)
Issue Default Order, RM/JB. All Agree
Public Water Supply Enforcement Agreed Orders
Item 30. Docket No. 1998-0792-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Machelle Ralls dba MJM Investments dba Tres Rios RV River Resort & Campground in Somervell County; TNRCC ID No. 2130027; 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. (Richard O'Connell)
Continued to March 22, 2000, RH/JB. All Agree
Item 31. Docket No. 1999-0780-PWS-E. Consideration of an Agreed Order assessing administrative penalties against Thunderbird Properties Inc. dba Thunderbird Resort in Burnet County; Public Water Supply No. 0270058; for drinking water quality violations pursuant to Tex. Health & Safety Code ch. 341 ("the Code") and the rules of the Texas Natural Resource Conservation Commission. (Shawn Stewart)
Issue Agreed Order, JB/RH. All Agree
Edwards Aquifer Enforcement Default Order
Item 32. Docket No. 1998-0458-EAQ-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of William Frank in Williamson County; TNRCC ID NO. None; 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. (M. Camille Morris)
Issue Default Order, RH/JB. All Agree
On-Site Installer Enforcement Agreed Order
Item 33. Docket No. 1999-0925-OSI-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Guadalupe R. Garza, Jr. in Jim Wells County; Installer Certification No. OS0920; for on-site sewage disposal violations pursuant to Tex. Health & Safety Code ch. 366 and Tex. Water Code ch. 7 and the rules of the Texas Natural Resource Conservation Commission. (Eric Reese)
Issue Agreed Order, RM/RH. All Agree
Rules
Item 34. Docket No. 2000-0055-RUL. Consideration for publication of proposed new 30 TAC Chapter 11, Subchapter E, Contract Monitoring Roles and Responsibilities. The proposed new subchapter will implement Senate Bill 177, 76th Legislature, 1999. Senate Bill 177 requires state agencies to define the contract monitoring roles and responsibilities of the agency's staff. (Eddie Molina) (Rule Log No. 1999-041-011-AD)
Approve publication, RM/RH. All Agree
Item 35. Docket No. 2000-0025-RUL. Consideration for publication of, and hearing upon, the following proposed amendments to 30 TAC Chapter 122, Federal Operating Permits:
Subchapter A, Definitions
122.10, General Definitions;
Subchapter B, Permit Requirements
122.110, Delegation of Authority to Executive Director;
122.130, Initial Application Due Dates; 122.131, Phased Application Process for Initial Application;
122.132, Application and Required Information for Initial Permit Issuance, Reopening, Renewal, or General Operating Permits;
122.134, Complete Application;
122.139, Application Review Schedule;
122.140, Representations in Application; 122.142, Permit Content Requirements;
122.143, General Terms and Conditions; and 122.161, Miscellaneous;
Subchapter C, Initial Permit Issuances, Revisions, Reopenings, and Renewals
122.210, General Requirements for Revisions; 122.213, Procedures for Administrative Permit Revisions;
122.217, Procedures for Minor Permit Revisions;
Subchapter D, Public Announcement, Public Notice, Affected State Review, Notice and Comment Hearing, Notice of Proposed Final Action, EPA Review, and Public Petition,
122.322, Bilingual Public Notice;
122.350, EPA Review;
Subchapter E, Acid Rain Permits
122.410, Operating Permit Interface;
122.412, Acid Rain Permit Application Due Dates; 122.414, Acid Rain Permit Revisions; and
Subchapter F, General Operating Permits
122.501, General Operating Permits;
122.502, Authorization to Operate;
122.503, Application Revisions for Changes at a Site;
122.504, Application Revision When a General Operating Permit is Revised or Rescinded; 122.505, Renewal of the Authorization to Operate Under a General Operating Permit;
122.506, Public Notice for General Operating Permits; and new
Subchapter G, Periodic Monitoring
122.600, Implementation of Periodic Monitoring; 122.602, Periodic Monitoring Applicability; 122.604, Periodic Monitoring Application Due Dates;
122.606, Applications for Periodic Monitoring; 122.608, Procedures for Incorporating Periodic Monitoring Requirements;
122.610, Periodic Monitoring General Operating Permits Content; and
122.612, Periodic Monitoring Requirements In Permits and Enforceable General Operating Permit Applications; and new
Subchapter H, Compliance Assurance Monitoring (CAM)
122.700, Implementation of CAM;
122.702, CAM Applicability;
122.704, CAM Application Due Dates;
122.706, Applications for CAM General Operating Permits;
122.708, Procedures for Incorporating CAM Requirements;
122.710, CAM General Operating Permit Content; 122.712, General Terms and Conditions for CAM;
112.714, CAM GOP Requirements in Permits and Enforceable General Operating Permit Applications; and
122.716, Compliance Assurance Quality Improvement Plans.
The proposed rules would provide the executive director with the regulatory structure necessary to implement CAM into federal operating permits and create a streamlined implementation option for sources subject to CAM and/or periodic monitoring. Additionally, these amendments will clarify portions of the rules, correct outdated statutory references, address administrative errors from a previous rulemaking, and address recent changes in federal rules and requirements in the Texas Clean Air Act. (Beecher Cameron) (Rule Log No. 1999-014-122-AI).
Approve publication and hearing as modified, RH/RM. All Agree
Item 36. Docket No. 2000-0037-RUL. Consideration for publication of, and hearing on, the proposed rules review and proposed repeal of, 30 TAC Chapter 104, Bond Certification Criteria for Air Pollution Control Facilities. The 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 commission has reviewed these rules, has made a preliminary determination that a need for the rules no longer exists, and proposes their repeal. (Barry Irwin/Parker Wilson) (Rule Log No. 1999-079-104-AI).
Approve publication, RH/RM. All Agree
Item 37. Docket No. 1999-0940-RUL. Consideration for the adoption of the rules review and readoption with amendments of 30 TAC Chapter 37, Financial Assurance. Consideration for the adoption of amendments to the following chapters of 30 TAC:
Chapter 37 - Financial Assurance
Chapter 305 - Consolidated Permits
Chapter 324 - Used Oil
Chapter 330 - Municipal Solid Waste
Chapter 331 - Underground Injection Control
Chapter 334 - Underground and Aboveground Storage Tanks
Chapter 335 - Industrial Solid Waste and Municipal Hazardous Waste
Chapter 336 - Radioactive Substance Rules.
The amendments consolidate the financial assurance rules into Chapter 37. The amendments clarify the rules, improve their organization, achieve greater consistency with state and federal law and delete obsolete, redundant, and duplicative provisions as part of the commission's regulatory reform initiative.
The rules review complies with 2001.039, Texas Government Code and the General Appropriations Act, Article IX, Section 9-10.13, 76th Legislature, 1999, which require state agencies to review and consider for readoption each of their rules every four years.
The proposed rules review of Chapter 37 and the proposed amendments in Chapters 37, 305, 324, 330, 331, 334, 335, and 336 were published in the October 22, 1999, issue of the Texas Register (24 TexReg 9320, 9152-9251 and 9323- 9389). Corrections were published in the November 26, 1999 issue of the Texas Register (24 TexReg 10606 - 10607). (Michelle Lingo, John Racanelli, Elaine Adams) (Rule Log No. 98051-037-AD)
Approve adoption of rules review and readoption of amendments to 30 TAC Chapter 37, RM/RH. All Agree
Item 38. Docket No. 1999-1350-RUL. Consideration for the adoption of the rules review, and readoption with amendments, of 30 TAC Chapter 11, Contracts, Section 11.1, Historically Underutilized Business Program.
The amendments adopt by reference the amendments to the General Services Commission rules for Historically Underutilized Businesses and delete several unnecessary provisions. The amendments implement the requirements of Texas Government Code, Section 2161.003, created by Senate Bill 178, 76th Legislature, 1999.
The 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 adopted amendments will incorporate by reference recent amendments to the General Services Commission rules for Historically Underutilized Businesses. The proposed amendments and notice of review were published in the December 17, 1999 issue of the Texas Register (24 TexReg 11228, 11544). (Kathy Robbins, Jim Dodds) (Rule Log No. 1999-047-011-AD)
See Item #45
Item 39. Docket No. 1999-1212-RUL. Consideration for adoption of amendments to 30 TAC Chapter 328, Waste Minimization and Recycling, Section 328.7, Definitions of Terms and Abbreviations. The adoption would add the definition of recycled product for state agency purchasing purposes. The proposal was published in the November 26, 1999 issue of the Texas Register (24 TexReg 10515). (Ken Zarker / Susan White) (Rule Log No. 1999-032-328-WS).
Approve adoption of amendments, RM/JB. All Agree
Item 40. Docket No. 1999-1167-RUL. Consideration for adoption of the review and repeal of 30 TAC Chapter 261, General Provisions, and the adoption of new 30 TAC Chapter 261, Impact Statements. The previous rules are renamed, reformatted, and revised with no substantive changes. This review complies 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 notice of intention to review was published in the November 12, 1999 issue of the Texas Register (24 TexReg 10149). (Barry Irwin/Doyle Mosier) (Rule Log No. 1998-054-261-AD).
Approve adoption of the review and repeal, RH/JB. All Agree
EXECUTIVE SESSION
Item 41. 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 42. 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

Thursday, February 24, 2000

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.

Room 201S, Bldg E.

12100 Park 35 Circle

Item 43. Docket No. 1999-1558-MSW. Consideration of permit application by GTM Waste Processing for an amendment (Proposed Permit No. MSW 2241-A) to authorize a Type V-GG liquid waste processing facility . The amendment seeks to increase capacity from a maximum of 400,000 gallons per month to a maximum of 3,000,000 gallons per month and to extend operating hours, add processing equipment and accept additional waste. If the permit is granted, the Applicant would be authorized to process grease trap, grit trap, and septic waste by aerobic digestion, dewatering, aeration, and clarification. The facility would be authorized to operate 24 hours a day, 7 days a week. The facility contains 1.933 acres and is located at 6407 Hurst Street in Harris County, Texas. The Commission will consider the application and the hearing requests that have been filed on the application. (Anthony Tatu).
Approve hearing request and remand to State Office Administrative Hearings and limit the hearing to odors and water contamination, RM/JB. All Agree


SECOND ADDENDUM TO AGENDA

Thursday, February 24, 2000

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.

Bldg E. Room 201S

12100 Park 35 Circle

Item 44. Docket No. 1999-1010-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Marble Masters of Texas, Inc., in Guadalupe County; Air Account No. GL-0042-N; 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. (Carl Schnitz)
Approve Agreed Order, RH/RM. All Agree


THIRD ADDENDUM TO AGENDA

Thursday, February 24, 2000

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.

Bldg E. Room 201S

12100 Park 35 Circle

Item 45. Docket No. 1999-1350-RUL. Consideration for the adoption of the rules review, and readoption with amendments, of 30 TAC Chapter 11, Contracts. The amendments are to Section 11.1, Historically Underutilized Business Program.
The amendments adopt by reference the amendments to the General Services Commission rules for Historically Underutilized Businesses and delete several unnecessary provisions. The amendments implement the requirements of Texas Government Code, Section 2161.003, created by Senate Bill 178, 76th Legislature, 1999.
The 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 adopted amendments will incorporate by reference recent amendments to the General Services Commission rules for Historically Underutilized Businesses. The proposed amendments and notice of review were published in the December 17, 1999 issue of the Texas Register (24 TexReg 11228, 11544). (Kathy Robbins, Jim Dodds) (Rule Log No. 1999-047-011-AD)
Approve adoption, JB/RH. All Agree


AGENDA

Thursday, February 24, 2000

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

1:00 p.m.

Bldg E. Room 201S

12100 Park 35 Circle

Item 1. TNRCC Docket No. 1998-0673-MWD-E; SOAH Docket No. 582-99-1231. Consideration of Administrative Law Judge's Proposal for Decision and Order for alleged violations against Four Seasons Mobile Home Park, L.C., located in San Antonio, Texas in Bexar County, for unauthorized discharge of wastewater into or adjacent to water in the state and by failing to submit an application to obtain a discharge permit.
Continued to March 8, 2000
Item 2. TNRCC Docket No. 1999-0446-MWD; SOAH Docket No. 582-99-1129. Consideration of Administrative Law Judge's Proposal for Decision concerning the application of Cypress Hill Municipal Utility District No. 1 for an amendment to TPDES Permit No. 12327-001 to authorize an increase in average daily flow from 0.14 million gallons per day (MGD) to 0.29 million gallons per day (MGD) of treated domestic wastewater effluent in Harris County, Texas and Segment No. 1009 of the San Jacinto River Basin. (Kerry D. Sullivan)
Adopt Proposal for Decision and Issue Order with exceptions as noted by ED, RM/JB. All Agree