AGENDA

Wednesday, March 8, 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

Wednesday, March 8, 2000

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.

Bldg E. Room 201S

12100 Park 35 Circle

Item carried forward from agenda of February 9, 2000.
Item 1. Docket No. 1999-1520-IWD. Consideration of permit application No. 02998, submitted by ROSE METAL RECYCLING, INC. for a major amendment to TNRCC Permit No. 02998 to authorize an increase in the permit limitation for total PCB's from one micrograms per liter to 10 micrograms per liter at Outfall 001. The current permit authorizes the discharge of storm water runoff on an intermittent and flow variable basis via Outfall 001. Issuance of this Texas Pollutant Discharge Elimination System (TPDES) permit will replace the existing TNRCC Permit No. 02998, issued on August 5, 1994. The applicant operates a junkyard and metals recycling facility. The plant site is located at 2902 Center Street, approximately one quarter mile north of Washington and Glenwood Cemeteries, between Studmont Street and Sawyer Street, north of Buffalo Bayou and south of Interstate Highway 10 in the City of Houston, Harris County, Texas. The Commission will also consider hearing requests, related responses and replies, public comment and the Executive Director's response to comments.
Grant hearing request, allow 4 to 6 weeks for ADR if mediation fails forward to SOAH, RH/JB. All Agree


HUSTON
MARQUEZ
BAKER

CONTESTED AGENDA

Wednesday, March 8, 2000

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.

Room 201S, Bldg. E

12100 Park 35 Circle

Hearing Request
Item 1. Docket No. 2000-0035-AIR. Consideration for a new Air Quality Permit No. 38296, submitted by Celanese Ltd. to modify a Methanol Synthesis Unit located at the company's Clear Lake Plant in Pasadena, Harris County, Texas. The Methanol Syntheses Unit is an existing methanol production facility that was constructed before the advent of Texas's air permitting program, and was authorized under grandfathered status in October 1970. The location of the existing facility is 9502 Bayport Road. The Commission will consider the application and one hearing request that has been filed on the application. (Snehal Patel/Timothy Friday)
Deny hearing request and issue permit, RM/RH. All Agree
Item 2. Docket No. 2000-0045-MWD. Consideration of permit application 11486-001, submitted by Harris County Municipal Utility District No. 70 for a new permit, proposed Texas Pollutant Discharge Elimination System (TPDES) Permit No. 11486-001, which authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 1,500,000 gallons per day. The applicant has also requested a temporary variance to the existing water quality standards to allow time for the TNRCC to adopt a site specific standard for Bear Creek (in Addicks Reservoir) for incorporation into 30 TAC 307.2(d)(4). The variance would authorize a three year period in which the Commission will consider a recommended site-specific standard for Bear Creek (in Addicks Reservoir) and determine whether to adopt the standard or require the existing water quality standard to remain in effect. The plant site is located on the north bank of Langham Creek at Farm-to-Market Road 529 (Freeman 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. (Phillip Urbany/Kathy Brown)
Continued to April 19, 2000 per General Counsel
Item 3. Docket No. 2000-0057-IWD. Consideration of permit application 01968, submitted by GEORGIA-PACIFIC CORPORATION, for a renewal of TNRCC Permit No. 01968, which authorizes discharge of stormwater on an intermittent and flow variable basis via Outfall 001. Issuance of this Texas Pollutant Discharge Elimination System (TPDES) permit will replace the existing National Pollutant Discharge Elimination System (NPDES) Permit No. TX0030571 issued on November 2, 1988 and TNRCC Permit No. 01968, issued on July 11, 1994. The applicant operates the Houston Lignin Plant, a facility where lignosulfonates, resin-based and lignite-based products are produced and stored. The plant site is located at 10120 Hirsch Road, south of the Parker Street and Hirsch Road intersection, in the City of Houston, Harris County, Texas. The Commission will also consider hearing requests, related responses and replies, public comment and the Executive Director's response to comments. (Nicole Janak/Kathy Brown)
Continued to April 5, 2000
Item 4. Docket No. 2000-0034-IWD. Consideration of permit application 04014, submitted by LOUISIANA PACIFIC CORPORATION for a new permit, proposed Texas Pollutant Discharge Elimination System (TPDES) Permit No. 04014, to authorize the discharge of log wet deck water, once through cooling water, log transport water, vehicle wash water, compressor condensate, and storm water runoff on an intermittent and flow variable basis via Outfall 001, and storm water on an intermittent and flow variable basis via Outfall 002. The applicant proposes to operate the Cleveland Chipmill Plant, a wood chipping facility. The plant site is located on the east side of the intersection of U.S. Highway 59 and Washington Avenue, north of the City of Cleveland, Liberty County, Texas. The Commission will also consider hearing requests, related responses and replies, public comment and the Executive Director's response to comments. (David Galindo/Robert Martinez)
Deny hearing request and issue permit, adopt ED's response to comments, RH/JB. All Agree
Item 5. Docket No. 2000-0033-IWD. Consideration of permit application 03462, submitted by LIVING WATERS ARTESIAN SPRINGS, LTD for a renewal of TNRCC Permit No. 03462, which authorizes the discharge of process wastewater and stormwater via Outfall 001 at a daily average flow of process wastewater not to exceed 55,300,000 gallons per day and a daily maximum flow of process wastewater and stormwater not to exceed 60,800,000 gallons per day. Issuance of this Texas Pollutant Discharge Elimination System (TPDES) permit will replace the existing TNRCC Permit No. 03462, issued on December 15, 1993. The applicant operates an intensive aquaculture operation engaged in the cultivation of catfish, tilapia, largemouth bass, hybrid stripped bass, red drum, and koi for human consumption. The plant site is located at 13690 Southwest Highway 1604, approximately 400 feet east-southeast of the intersection of State Highway 1604 and Farm-to-Market Road 2536 (Pearsall Road), and approximately 13 miles southeast of the City of San Antonio, Bexar County, Texas. The Commission will also consider hearing requests, related responses and replies, public comment and the Executive Director's response to comments. (Chris Linendoll/Robin Smith)
Continued to May 3, 2000
On-Site Sewage Facility Certification Enforcement Agreed Order
Item 6. Docket No. 1999-1061-OSS-E. Consideration of an Agreed Order assessing administrative penalties of Ralph J. McShan in Shelby County; On-Site Sewage Facility Certification No. 459561516; for licensing violations pursuant to Tex. Health & Safety Code ch. 366, Tex. Water Code ch. 7 and the rules of the Texas Natural Resource Conservation Commission. (Steven Lopez)
Issue Agreed Order, RM/JB. All Agree
On-Site Sewage Facility Installer Enforcement Agreed Orders
Item 7. Docket No. 1999-0873-OSS-E. Consideration of an Agreed Order assessing administrative penalties against Mr. Harold Jackson Smith, III in Morris County; OSSF Installer No. OS5702; for on-site sewage installer violations pursuant to Tex. Health And Safety Code ch. 366, Tex. Water Code ch. 7, and the rules of the Texas Natural Resource Conservation Commission. (Michelle Harris)
Issue Agreed Order, JB/RH. All Agree
Item 8. Docket No. 1999-0816-OSI-E. Consideration of an Agreed Order assessing administrative penalties of Mr. Ernest L. Thompson in Fort Bend, Waller and Brazoria Counties; On-Site Sewage Facility Installer No. OS5196; for on-site sewage facility violations pursuant to Tex. Health & Safety Code ch. 366, Tex. Water Code ch. 7, and the rules of the Texas Natural Resource Conservation Commission. (Sherry Smith)
Issue Agreed Order, JB/RH. All Agree
Industrial Hazardous Waste Enforcement Agreed Order
Item 9. Docket No. 1999-0994-IHW-E. Consideration of an Agreed Order assessing administrative penalties against Fina Oil and Chemical Company in Harris County: Solid Waste Registration No. 30551; for industrial & hazardous waste violations pursuant to the Texas Solid Waste Disposal Act, Tex. Health & Safety Code ch. 361 ("the Act"), Tex. Water Code ch. 7 and the rules of the Texas Natural Resource Conservation Commission. (Billie Zaporteza/Thomas Greimel)
Issue Agreed Order, RM/RH. All Agree
Industrial Waste Discharge Enforcement Agreed Orders
Item 10. Docket No. 1999-1102-IWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Applied Industrial Materials Corporation in Galveston County; TPDES Permit No. TX0094129; for water quality violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Rebecca Clausewitz)
Issue Agreed Order, RM/RH. All Agree
Item 11. Docket No. 1999-0737-IWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Mr. Steven Lewis dba Fresno Mobile Home Park in Fort Bend County; Water Quality Facility Permit No. 0012804-001 and TPDES Permit No. TX0093912; for water quality violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Joseph Daley)
Issue Agreed Order, RM/RH. All Agree
Item 12. Docket No. 1999-0717-IWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Humus Products of America, Inc. in Fort Bend County; No TNRCC Wastewater Permit; for industrial wastewater discharge violations pursuant to Chapters 7 and 26 of the Texas Water Code, and the rules of the Texas Natural Resource Conservation Commission. (John Wright)
Issue Agreed Order, RM/RH. All Agree
Municipal Waste Discharge Enforcement Agreed Orders
Item 13. Docket No. 1999-0874-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Crosby Municipal Utility District in Harris County: Water Quality Permit No. 11388-001; for water quality violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Michelle Harris)
Issue Agreed Order, JB/RM. All Agree
Item 14. Docket No. 1998-1011-MWD-E. Consideration of an Agreed Order assessing administrative penalties against and requiring certain actions of Sidney L. Bishop, Jr. in Sabine County; TNRCC ID No. 11099-001; 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. (John Wright)
Issue Agreed Order, JB/RM. All Agree
Item 15. Docket No. 1998-1128-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Ft. Bend Properties, Inc. dba Fort Bend Properties, Inc. dba Spring West Water Supply Corp. in Harris County; TNRCC ID No. 12812-001; 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. (John Wright)
Issue Agreed Order, JB/RM. All Agree
Petroleum Storage Tank Enforcement Agreed Orders
Item 16. Docket No. 1999-0822-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Genesis Service Co., Inc. in Jefferson County and Harris County; PST Facility ID Numbers 0008055,0008059,0008063,0024680,00386733, and 0038833; 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. (Susan Kelly, Joseph Daley)
Issue Agreed Order, RH/JB. All Agree
Item 17. Docket No. 1999-0898-PST-E. Consideration of an Agreed Order assessing administrative penalties of Ali Karimaghaee, Genesis Services Co., Inc., and Kevin Momin dba Shop-N-Save in Jefferson County; PST Facility ID No. 0008064; for petroleum storage tank Violations pursuant to Tex. Health & Safety Code ch. 382, Tex. Water Code ch. 7 and the rules of the Texas Natural Resource Conservation Commission. (susan Kelly, Joseph Daley)
Issue Agreed Order, RH/JB. All Agree
Item 18. Docket No. 1999-0942-PST-E. Consideration of an Agreed Order assessing administrative penalties of Alief Petroleum, Inc. in Harris County; Petroleum Storage Tank Facility ID No. 0039680; for petroleum storage tank violations pursuant to Tex. Health & Safety Code ch. 382, Tex. Water Code ch. 7 and the rules of the Texas Natural Resource Conservation Commission. (Erika Fair)
Issue Agreed Order, RH/JB. All Agree
Item 19. Docket No. 1999-1237-PST-E. Consideration of an Agreed Order assessing administrative penalties against Edgar Evans dba 377 Stop n Go in Denton County; PST Facility ID No. 0006310; for petroleum storage tank violations pursuant to Tex. Health & Safety Code ch. 382 ("the Act") and Tex. Water Code ch. 7 and the rules of the Texas Natural Resource Conservation Commission. (Wendy Penland, Karen Berryman)
Issue Agreed Order, RH/JB. All Agree
Item 20. Docket No. 1999-0546-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Mr. Frank Drummond dba Dee & Dee Oil Company in Dallas County; Facility ID Number 0046944; for petroleum storage tank violations pursuant to Tex. Health & Safety Code ch. 382 and Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Randy Norwood)
Issue Agreed Order, RH/JB. All Agree
Item 21. Docket No. 1999-0844-PST-E. Consideration of an Agreed Order assessing administrative penalties of Valley Star, Inc. dba Mike Gant's Grocery in Jefferson County; Petroleum Storage Tank Facility ID No. 0026920; for petroleum storage tank violations pursuant to Tex. Health & Safety Code ch. 382, Tex. Water Code ch. 7, and the rules of the Texas Natural Resource Conservation Commission. (Susan Kelly/Michael DeLa Cruz)
Issue Agreed Order, RH/JB. All Agree
Item 22. Docket No. 1999-0799-PST-E. Consideration of an Agreed Order assessing administrative penalties of G B A K Properties Inc. in Galveston County; PST ID No. 0035534; 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, RH/JB. All Agree
Item 23. Docket No. 1999-1068-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Spencer Distributing Company dba JJ's Fast Stop in Tarrant County; Petroleum Storage Tank Facility ID No. 0068927; 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. Rebecca Clausewitz)
Issue Agreed Order, RH/JB. All Agree
Item 24. Docket No. 1999-0825-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of SSN Investments, LLC dba Market Place #3 in Jefferson County; PST Facility ID No. 0008056; for petroleum storage tank violations pursuant to Tex. Health & Safety Code ch. 382, Tex. Water Code ch. 7, and the rules of the Texas Natural Resource Conservation Commission. (Susan Kelly, Michael De La Cruz)
Issue Agreed Order, RH/JB. All Agree
Air Enforcement Agreed Orders
Item 25. Docket No. 1999-0371-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Huntsman Polymers Corporation in Ector County; Air Account No. EB-0057-B; for air quality violations pursuant to Tex. Clean Air Act, Tex. Health & Safety Code ch. 382, Tex. Water Code ch. 7 and the rules of the Texas Natural Resource Conservation Commission. (Tel Croston)
Remand to Executive Director with instructions from Commissioners, RH/RM. All Agree
Item 26. Docket No. 1999-1267-AIR-E. Consideration of an Agreed Order assessing administrative penalties of VP Motors, Incorporated dba VP Auto Sales in Dallas County; Air Account No. DB-4350-M; 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. (Jorge Ibarra, Carl Schnitz)
Issue Agreed Order, RH/JB. All Agree
Item 27. Docket No. 1999-0090-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Maverick Tube Corporation in Montgomery County; Air Account MQ -0028-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. (Rohit Bali and Miriam Hall)
Issue Agreed Order, RH/JB. All Agree
Item 28. Docket No. 1999-0963-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Par Tool Supply, Incorporated dba Par Products in Collin County; Air Account No. CP-0356-L; for air quality violations pursuant to the Texas Clean Air Act, Tex. Health & Safety Code ch. 382, Tex. Water Code ch. 7, and the rules of the Texas Natural Resource Conservation Commission. (Michael De La Cruz)
Issue Agreed Order, RH/JB. All Agree
Item 29. Docket No. 1999-0966-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of U.S. Stone, Incorporated in Wise County; Air Account No. 93-8502-E; 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
Public Water Supply Enforcement Agreed Orders
Item 30. Docket No. 1999-1072-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Chatleff Controls, Incorporated in Hays County; Public Water Supply No. 1050101; for drinking water quality violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas Natural Resource Conservation Commission. (Sandy VanCleave)
Issue Agreed Order, JB/RH. All Agree
Item 31. Docket No. 1999-0944-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Church of the Nazarene West Texas District dba Camp Arrowhead in Somervell County; Public Water Supply No. 2130018; for public drinking water violations pursuant to the Tex. Health & Safety Code ch. 341 and the rules of the Texas Natural Resource Conservation Commission. (Michael De La Cruz)
Issue Agreed Order, JB/RH. All Agree
Item 32. Docket No. 1999-1038-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Montgomery Place Water System Inc. and Mitchell M. Martin in Montgomery County; TNRCC ID No. 1700074; 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 Gross)
Issue Agreed Order, JB/RH. All Agree
Item 33. Docket No. 1999-0010-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the South Texas District of the Assemblies of God dba Hill Country Camp in Kerr County; TNRCC ID No. 1330033; 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 Gross)
Issue Agreed Order, JB/RH. All Agree
Item 34. Docket No. 1999-0947-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Oakdale Park, Incorporated dba Camp N Fish in Somervell County; Public Water Supply No. 2130028; for public drinking water violations pursuant to the Tex. Health & Safety Code ch. 341 and the rules of the Texas Natural Resource Conservation Commission. (Michael De La Cruz)
Issue Agreed Order, JB/RH. All Agree
Public Water Supply Enforcement Default Order
Item 35. Docket No. 1998-1308-PWS-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Conny Whitehorn dba Coranado Water County in Deaf Smith County; TNRCC ID No. 11411; for public drinking water violations pursuant to Chapter 341 of the Texas Health & Safety Code, Chapters 5 and 13 of the Texas Water Code, and the rules of the Texas Natural Resource Conservation Commission. (Tracy Gross)
Remand to Executive Director, RH/JB. All Agree
Multi-Media Enforcement Agreed Order
Item 36. Docket No. 1998-0504-MLM-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Lowenco, Inc. in Galveston County; TNRCC PST ID No. 0055921 and SWR No. 38987; for multimedia 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. (William Puplampu)
Issue Agreed Order, RH/RM. All Agree
Rules
Item 37. Docket No. 2000-0084-RUL. Consideration for publication of a Notice of Intention to Review 30 TAC Chapter 335, Industrial Solid Waste and Municipal Hazardous Waste, proposed repeal of the following listed sections of Chapter 335, and readoption of the remaining sections of Chapter 335. Proposed for repeal are:
335.226 Standards for Burning Hazardous Waste in Commercial Combustion Facilities
335.227 Testing Requirements for Commercial Hazardous Waste Combustion Facilities
335.228 Monitoring and Recordkeeping Requirements for Commercial Hazardous Waste Combustion Facilities
335.229 Operating Requirements for Commercial Hazardous Waste Combustion Facilities
335.361 Definitions
335.362 Applicability
335.363 Permit Conditions
335.364 Representations in Application for Permit
335.365 Responsibility for Review of Air Quality Impacts from Existing, New, and Modified Facilities
335.366 General Air Emissions Requirements for Hazardous or Solid Waste Management Facilities
335.367 Specific Air Emissions Requirements for Hazardous or Solid Waste Management Facilities
335.404 Interagency Coordination
The review is in accordance with Texas Government Code, 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 repeals would remove rules which are redundant, no longer required, or no longer necessary. (Ray Austin) (Rule Log No. 1999-076-335-WS)
Approve publication, RM/RH. All Agree
Item 38. Docket No. 2000-0183-RUL. Consideration for publication of proposed amendments to 30 TAC Chapter 330, Municipal Solid Waste; Section 330.562, Definitions of Terms and Abbreviations; Section 330.563, Regional and Local Plan Requirements; and Section 330.566, Procedures for Regional and Local Plan Submission and Approval. The proposed amendments implement Senate Bill 1447, 76th Legislature, 1999, which added new requirements for identifying former municipal solid waste landfills and notifying owners of the overlaying property. (Steve Dayton/Steve Shepherd) (Rule Log No. 1999-048-330-WS)
Approve publication, RM/RH. All Agree
Item 39. Docket No. 1999-1232-RUL. Consideration for publication of, and opportunity for hearing upon, the repeal of 30 TAC Chapter 291, Water Rates, Subchapter H, Utility Submetering, and proposed new 30 TAC Chapter 291, Water Rates, Subchapter H, Utility Submetering and Allocation. The proposed new subchapter would implement recent legislative changes and amend the current rules. The most significant legislative changes allow manufactured home rental communities to allocate nonsubmetered master metered utility service costs and to impose a service charge on submetered service. The most significant amendments revise the methods for allocating master metered water and wastewater service by multiple use facilities and require those facilities to pay for 25% of total water and wastewater costs if water used in common areas is not metered separately from tenant use. (Rule Log No. 1999-042-291-WT)
Approve publication, RM/RH. All Agree
Item 40. Docket No. 1999-1418-RUL. Consideration for adoption of a proposed amendment to 30 TAC Chapter 12, Section 12.3, Penalty and Interest on Delinquent Fees. The proposed amendment to Section 12.3 will implement Senate Bill 1321, 76th Legislature (1999), which assesses a variable rate of interest based on the prime rate plus one percent, as the interest rate on all delinquent taxes. (Peyton Sparks, Forrest Brooks) (Rule Log No. 1999-052-012-AD).
Approve adoption, RH/RM. 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.


OLD BUSINESS AGENDA

Wednesday, March 8, 2000

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

1:00 p.m.

Bldg E. Room 201S

12100 Park 35 Circle

Item carried forward from agenda of February 24, 2000.
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.
Adopt Proposal for Decision and Order, RM/RH. All agree


AGENDA

Wednesday, March 8, 2000

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

1:00 p.m.

Bldg E. Room 201S

12100 Park 35 Circle

Item 1. TNRCC Docket No. 1998-0213-MWD-E; SOAH Docket No. 582-99-0681. Consideration of the Administrative Law Judge's Proposal for Decision concerning the unauthorized discharges by Leroy J. Everett and Jackie Everett, Individually and Jackie L. Everett dba Cedar Bayou Mobile Home Park located in Chambers County, Texas.
Adopt PFD and Issue Order, Adopt ED's exception and further modify penalty payable 12 installments, lst of $1,500 and eleven monthly installments of $1,000, RH/RM. All Agree