AGENDA

Wednesday, May 3, 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, May 3, 2000

Texas Natural Resource Conservation Commission

9:30 a.m.

Bldg E. Room 201S

12100 Park 35 Circle

Item carried forward from agenda of March 8, 2000
Item 1. 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)
Deny Hearing Request and adopt the Executive Director's response to comments, RM/JB. All agree
Item carried forward from agenda of April 19, 2000.
Item 2. Docket No. 1999-1284-RUL. Consideration for adoption of amendments to 30 TAC Chapter 114, Control of Air Pollution from Motor Vehicles; 114.5, Transportation Planning Definitions; repeal of 114.270, Transportation Control Measures; new 114.270, Transportation Control Measures; and revisions to the corresponding State Implementation Plan. The action will allow nonattainment area metropolitan planning organizations to substitute transportation control measures. The proposal was published in the November 26, 1999 issue of the Texas Register (24 TexReg 10508). (Alan Henderson/Catherine Stephens) (Rule Log No. 1999-068-114-AI).
Approve for Adoption, RH/JB. All Agree


AGENDA

Wednesday, May 3, 2000

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.

Bldg E. Room 201S

12100 Park 35 Circle

Hearing Requests
Item 1. Docket No. 2000-0314-MWD. Consideration of permit application no. 14114-001, submitted by AquaSource Development Company for a new permit, proposed Texas Pollutant Discharge Elimination System (TPDES) Permit No. 14114-001, to authorize the discharge of treated domestic wastewater at a daily average flow not to exceed 600,000 gallons per day. The plant site is located approximately 4.25 miles northwest of the intersection of SR-336 Loop and Interstate Highway 46, approximately 0.25 mile east of Lake Conroe in Montgomery County, Texas. The Commission will also consider hearing requests, related responses and replies, public comment and the Executive Director's response to comments. Kent Trede/Tina Amberboy)
Grant Hearing Request, specifically with respect to matters of water quality and regionalization , refer to ADR for 4 to 6 weeks, RH/RM. All Agree
Item 2. Docket No. 2000-0316-MWD. Consideration of permit application no. 14103-001, submitted by Lower Colorado River Authority for a new permit, proposed Texas Pollutant Discharge Elimination System (TPDES) Permit No. 14103-001, to authorize the discharge of treated domestic wastewater at a daily average flow not to exceed 300,000 gallons per day. The plant site is located approximately 1.6 miles south of State Highway 71 and 2.5 miles southeast of the intersection of State Highway 71 and State Highway 95 in Bastrop County, Texas. The Commission will also consider hearing requests, related responses and replies, public comment and the Executive Director's response to comments. (Kent Trede/Anthony Tatu)
Continued to May 17, 2000
Affirm, Modify or Set Aside an Emergency Order
Item 3. Docket No. 2000-0370-IWD. Consideration of a Request by International Paper, Permit No. 01339 to Affirm, Modify or Set Aside an Emergency Order, granted by the Executive Director on April 10, 2000, without a hearing under Texas Water Code 5.501 and 5.509 and 30 Tex. Admin. Code 35.301 - 35.303. The Emergency Order authorizes an increase in the daily average flow of effluent into Sulphur River in Segment No. 0301 of the Sulphur River Basin, for a period of 180 days. The plant is located in Cass County, Texas. (Scottie C. Aplin, Cindy Lee)
Remand to Executive Director
Air Enforcement Agreed Orders
Item 4. Docket No. 1999-1004-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of American Gathering L. P. in Carson County; Air Account No. CF-0017-D; for air quality violations pursuant to Texas Clean Air Act, Tex. Health & Safety Code ch. 7, and the rules of the Texas Natural Resource Conservation Commission. (Sheila Smith/Shawn Hess)
Issue Agreed Order, RM/RH. All Agree
Item 5. Docket No. 1999-0956-AIR-E. Consideration of an Agreed Order assessing administrative penalties and resolving an enforcement action against Terra Services, Incorporated in Harris County; Air Account No. 93-1025-U; 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, RM/RH. All Agree
Item 6. Docket No. 1999-0935-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Triangle Pacific Corporation dba Bruce Hardwood Flooring L. P. in Shelby County; Air Account No. SI-0007-N and Water Quality Permit No. 03950; for air quality and water quality violations pursuant to Texas Clean Air Act, 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/Lawrence King)
Issue Agreed Order, RM/RH. All Agree
Item 7. Docket No. 1999-1382-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Mr. Randy Lamb dba Auto Tint & Accessories in Hunt County; Air Account No. HV-0169-E; 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. (Wendy Penland/Stacey Young)
Issue Agreed Order, RM/RH. All Agree
Item 8. Docket No. 1999-1331-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Enogex Products Corporation, A Wholly Owned Subsidiary of Enogex, Inc. in Crockett County; Air Account No. CZ-0006-F; 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. (Mark Newman, Stacey Young)
Issue Agreed Order, RM/RH. All Agree
Item 9. Docket No. 1999-1279-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Harvey and Susan Lemmond and Super Cars, Incorporated in Dallas County; Air Account No. DB-5089-Q; for air quality violations pursuant to the Texas Clean Air Act, the Tex. Health & Safety Code ch. 382, the Tex. Water Code ch. 7, and the rules of the Texas Natural Resource Conservation Commission. (Bill Davis/Jorge Ibarra, P. E.)
Issue Agreed Order, RM/RH. All Agree
Item 10. Docket No. 1999-1392-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Viron International in Bell County; Air Account No. BF-0139-F; 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. (Kyle Headley, Suzanne Walrath)
Issue Agreed Order, RM/RH. All Agree
Item 11. Docket No. 1999-0982-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Phillips Chemical Company, a Division of Phillips Petroleum Company in Anderson County; TNRCC Account No. AA-0027-U; for air quality violations pursuant to the Tex. Health & Safety Code chs. 361 and 382, Tex. Water Code chs. 7 and 26, and the rules of the Texas Natural Resource Conservation Commission. (Michael De La Cruz)
Issue Agreed Order, RM/RH. All Agree
Item 12. Docket No. 1999-1341-AIR-E. Consideration of an Agreed Order assessing administrative penalties of Juan Cantu, Sr. dba Cantu Auto Sales in Dallas County; Air Account No. DB-3868-V; 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. (Suzanne Walrath, Jorge Ibarra, P. E.)
Issue Agreed Order, RM/RH. All Agree
Item 13. Docket No. 1999-0965-AIR-E. Consideration of an Agreed Order assessing administrative penalties and resolving an enforcement action against Daniel Lehrman dba Metro Cars and Trucks in Tarrant County; Air Account No. TA-3867-S; 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, RM/RH. All Agree
Item 14. Docket No. 1998-1533-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Grant Prideco, Inc. in Grimes County; Air Account No. GK-0042- B; for air quality violations pursuant to the Texas Clean Air Act, Tex. Health & Safety Code ch. 382, the Texas Water Code ch. 7, and the rules of the Texas Natural Resource Conservation Commission. (Gloria Stanford, Kyle Headley)
Issue Agreed Order, RM/RH. All Agree
Item 15. Docket No. 1997-0480-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Leggett & Platt Incorporated, Texas Fibers Division, in Tarrant County; TNRCC ID No. DB-4521-J; 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. (Nathan Block)
Issue Agreed Order, RM/RH. All Agree
Item 16. Docket No. 1999-1222-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Revest, Incorporated in Dallas County; Air Account No. DB-3446 -F; 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. (Suzanne Walrath, Jorge Ibarra, P. E.)
Issue Agreed Order, RM/RH. All Agree
Item 17. Docket No. 1999-0707-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Hobas Pipe USA, Inc. in Harris County; TNRCC ID No. HG-1531-T; for air 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. (Nathan Block)
Issue Agreed Order, RM/RH. All Agree
Item 18. Docket No. 1999-1391-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Fibre Body Industries Inc. in Coryell County; Air Account No. CW-0033-M; for air quality violations pursuant to the Texas Clean Air Act, the Texas Health & Safety Code ch. 382, Tex. Water Code ch. 7, and the rules of the Texas Natural Resource Conservation Commission. (Carl Schnitz, Kyle Headley)
Issue Agreed Order, RM/RH. All Agree
Item 19. Docket No. 1999-1150-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Wayne Keele dba Mr. Muffler and Brake Shop in Galveston County; Air Account No. GB-0648-H; 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)
Issue Agreed Order, RM/RH. All Agree
Item 20. Docket No. 1998-1412-AIR-E. Consideration of an Agreed Order assessing administrative penalties and resolving an enforcement actions against Valero Refining Company - Texas in Galveston County; Air Account No. GB-0073-P; for air quality violations pursuant to the Texas Clean Air Act, Texas Health and Safety Code ch. 382, the Texas Water Code ch.7 \, and the rules of the Texas Natural Resource Conservation Commission. (Rohit Bali and Miriam Hall)
Continued to May 17, 2000
Air Enforcement Default Orders
Item 21. Docket No. 1999-0685-AIR-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of B. J. Elliot dba Kermit Caliche Pit in Winkler County; TNRCC ID No. WM-0186-H; for air and solid waste violations pursuant to the Texas Clean Air Act, Chapter 382, and the Texas Solid Waste Disposal Act, Chapter 361, of the Texas Health & Safety Code, and the rules of the Texas Natural Resource Conservation Commission. (Nathan Block)
Issue Default Order, JB/RH. All Agree
Item 22. Docket No. 1999-0072-AIR-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Salvador Arauz dba Arauz Auto Repair in Dallas County; TNRCC ID No. DB-4993-K; for air 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. (Nathan Block)
Issue Default Order, JB/RH. All Agree
Petroleum Storage Tank Enforcement Agreed Orders
Item 23. Docket No. 1999-1432-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Eason Petroleum, Incorporated dba Saturn Texaco in Dallas County; Petroleum Storage Tank Facility ID No. 0013457; for petroleum storage tank violations pursuant to Tex. Health And Safety Code ch. 382, Tex. Water Code ch. 7 and the rules of the Texas Natural Resource Conservation Commission. (Jorge Ibarra, P. E./Gayle Stewart)
Issue Agreed Order, JB/RM. All Agree
Item 24. Docket No. 1999-0841-PST-E. Consideration of an Agreed Order assessing administrative penalties of Stephen Vo dba M & K in Jefferson County; PST Facility ID No. 0008058; 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. (Gilbert Angelle and Susan Kelly)
Issue Agreed Order, JB/RM. All Agree
Item 25. Docket No. 1999-1300-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Jamal Jafari dba J & K Food Store in Tarrant County; PST Facility ID No. None; 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. (Gloria Stanford)
Issue Agreed Order, JB/RM. All Agree
Item 26. Docket No. 1999-1070-PST-E. Consideration of an Agreed Order assessing administrative penalties against One Stop Food Stores, Incorporated in Dallas County; Petroleum Storage Tank Facility ID No. 0055104; for petroleum storage tank violations pursuant to the Tex. Health & Safety Code ch. 382, the Tex. Water Code ch.7, and the rules of the Texas Natural Resource Conservation Commission. (Rebecca Clausewitz)
Issue Agreed Order, JB/RM. All Agree
Item 27. Docket No. 1999-1496-PST-E. Consideration of an Agreed Order assessing administrative penalties against 7-Eleven, Inc. in Tarrant County; Petroleum Storage Tank Facility ID No. 0009217; 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. (Rebecca Clausewitz)
Issue Agreed Order, JB/RM. All Agree
Item 28. Docket No. 1997-0950-PST-E. Consideration of Agreed Order assessing administrative penalties and requiring certain actions of Albert Abusalah in Harris County; TNRCC ID No. 0034569; 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. (Robin Houston)
Issue Agreed Order, JB/RH. All Agree
Item 29. Docket No. 1998-0814-PST-E. Consideration of an Agreed Order assessing administrative penalties against Leyendecker Construction, Inc. in Webb County; TNRCC ID No. 23609; for petroleum storage tank violations pursuant to Chapter 26 of the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Robin Houston)
Issue Agreed Order, JB/RH. All Agree
Item 30. Docket No. 1998-1276-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Johnny Ali and Thu Binh Ho dba Sam's Mart in Harris County; TNRCC ID No. 0035356; for petroleum storage tank violations pursuant to Chapter 26 of the Texas Water Code, Chapter 382 of the Texas Health & Safety Code, and the rules of the Texas Natural Resource Conservation Commission. (Robin Houston)
Issue Agreed Order, JB/RH. All Agree
Municipal Waste Discharge Enforcement Agreed Orders
Item 31. Docket No. 1999-1201-MWD-E. Consideration of an Agreed Order assessing administrative penalties against the City of Bastrop in Bastrop County; NPDES Permit No. TX0032671 and Water Quality Permit No. 11076-001; for water quality violations pursuant to Texas Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Jeseph Daley)
Issue Agreed Order, RM/RH. All Agree
Item 32. Docket No. 1998-0872-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Frisco and North Texas Municipal Water District in Denton County; Permit No 10172-003; for water quality violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Merrilee Gerberding)
Issue Agreed Order, RM/RH. All Agree
Item 33. Docket No. 1998-1112-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the Texas Parks and Wildlife Department in Harris County; TNRCC Water Quality Permit No. 11214-001; for water quality violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Sherry Smith)
Issue Agreed Order, RM/RH. All Agree
Item 34. Docket No.1999-1259-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Laredo in Webb County; NPDES Permit No. TX0025461; for water quality violations pursuant to Tex. Water Code chs. 7 and 26 and rules of the Texas Natural Resource Conservation Commission. (Eric Reese)
Issue Agreed Order, RM/RH. All Agree
Item 35. Docket No. 1999-1242-MWD-E. Consideration of an Agreed Order assessing administrative penalties against CMH Parks, Inc. in Brazoria County; Water Quality Permit No. 12849-001 and NPDES Permit No. TX0094463; for water quality violations pursuant to the Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Eric Reese)
Issue Agreed Order, RM/RH. All Agree
Item 36. Docket No. 1999-1107-MWD-E. Consideration of an Agreed Order assessing administrative penalties against Jopata Industries, Inc. in Harris County; Water Quality Permit No. 11673-001; for water quality violations pursuant to Tex. Water Code chs.7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Catherine Albrecht/Eric Reese)
Issue Agreed Order, RM/RH. All Agree
Public Water Supply Enforcement Agreed Orders
Item 37. Docket No. 1999-1124-PWS-E. Consideration of an Agreed Order assessing administrative penalties against Gena Owen dba Gena's Café in Harris County; Public Water Supply No. 1012715; for drinking water quality violations pursuant to Tex. Health and Safety Code ch. 341 and the rules of the Texas Natural Resource Conservation Commission. (Kimberly McGuire)
Issue Agreed Order, RH/RM. All Agree
Item 38. Docket No. 1999-1170-PWS-E. Consideration of an Agreed Order assessing administrative penalties against the Manchaca Volunteer Fire Department in Travis County; Public Water Supply No. 2270216; for drinking water quality violations pursuant to Texas Health & Safety Code ch. 341 and the rules of the Texas Natural Resource Conservation Commission. (Clint Pruett)
Issue Agreed Order, RH/RM. All Agree
Item 39. Docket No. 1999-0954-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Leland Pendleton dba Texas Mobile Home Park in Tarrant County; Public Water Supply No. 2200129; for drinking water quality 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, RH/RM. All Agree
Item 40. Docket No. 1999-0949-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Lakeview Developers, Incorporated dba Lakeview Water System in Ellis County; Public Water Supply No. 0700059; 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, RH/RM. All Agree
Item 41. Docket No. 1999-0587-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Campbellton Water Works, Inc. in Atascosa County; TNRCC ID No. 0070015; 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. (Robin Houston)
Issue Agreed Order, RH/RM. All Agree
Sludge Enforcement Agreed Order
Item 42. Docket No. 1998-1447-SLG-E. Consideration of an Agreed Order assessing administrative penalties of James Manning dba J & L Service in Fayette County; TNRCC Sludge Transporter ID No. 20205 (expired); for registration violations pursuant to Tex. Health & Safety Code ch. 361 and the rules of the Texas Natural Resource Conservation Commission. (Sherry Smith)
Issue Agreed Order, RM/RH. All Agree
Sludge Enforcement Default Order
Item 43. Docket No. 1999-1018-SLG-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Chris Seeman dba VacTruck Services in Lamb County; TNRCC ID No. NONE; for 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 Default Order, RH/JB. All Agree
Industrial Hazardous Waste Enforcement Agreed Orders
Item 44. Docket No. 1999-1293-IHW-E. Consideration of an Agreed Order assessing administrative penalties of First Choice Recycling and Sanitation, Inc. in Ellis County; Solid Waste Registration No. F0468; for industrial & hazardous waste violations pursuant to Texas Solid Waste Disposal Act, Tex. Health & Safety Code ch. 361 ("the Act") and Tex. Water Code ch. 7 and the rules of the Texas Natural Resource Conservation Commission. (Wendy Penland/Joseph Daley)
Issue Agreed Order, JB/RH. All Agree
Item 45. Docket No. 1998-0140-IHW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Lufkin Cresoting Co., Inc. in Angelina County; TNRCC ID No. 31832; for industrial and hazardous waste violations pursuant to the Texas Solid Waste Disposal Act, Chapter 361 of the Texas Health & Safety Code, Chapter 26 of the Texas Water Code, and the rules and the Texas Natural Resource Conservation Commission. (Mary Risner)
Issue Agreed Order, JB/RH. All Agree
On-Site Facility Installer Agreed Order
Item 46. Docket No. 1999-1273-OSI-E. Consideration of an Agreed Order assessing administrative penalties against Jim Wilhoit in Jack County; On-Site Sewage Facility Installer Certification No. 4778; for on-site sewage facility violations pursuant to the Tex. Health & Safety Code ch. 366, Tex. Water Code ch.7, and the rules of the Texas Natural Resource Conservation Commission. (Corey M. Burke)
Issue Agreed Order, RM/RH. All Agree
Irrigator Enforcement Agreed Order
Item 47. Docket No. 1999-1477-IRR-E. Consideration of an Agreed Order assessing administrative penalties against Dennis Nordstrom in Williamson County; Landscaping Irrigator License: None: for licensing violations pursuant to the Tex. Water Code chs. 7 and 34, and the rules of the Texas Natural Resource Conservation Commission. (Corey M. Burke)
Issue Agreed Order, RM/JB. All Agree
Municipal Solid Waste Enforcement Agreed Order
Item 48. Docket No. 1999-1184-MSW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Galveston in Galveston County; Municipal Solid Waste Permit No. 164; for municipal solid waste violations pursuant to Tex. Health & Safety Code ch. 361, Tex. Water Code ch. 7 and the rules of the Texas Natural Resource Conservation Commission. (Kent Heath)
Issue Agreed Order, RH/RM. All Agree
Water Right Enforcement Agreed Order
Item 49. Docket No. 1999-1132-WR-E. Consideration of an Agreed Order assessing administrative penalties of Connie Spradley dba Marock Aggregates, Inc. in Wise County; No Water rights Authorization; for water rights violations pursuant to Tex. Health & Safety Code ch. 382 and Tex. Water Code chs. 7 and 11 and the rules of the Texas Natural Resource Conservation Commission. (Pamela Campbell)
Issue Agreed Order, RM/RH. All Agree
Multi Media Enforcement Agreed Order
Item 50. Docket No. 1999-0541-MLM-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of CK Witco Corporation in Harris County; Solid Waste Registration No. 30300, UIC Permit Nos. WDW-111 and WDW-139; for industrial & hazardous waste and underground injection control well violations pursuant to the Texas Solid Waste Disposal Act, Tex. Health & Safety Code ch. 361, Tex. Water Code chs. 7 and 26, and the rules of the Texas Natural Resource Conservation Commission. (Susan Johnson)
Issue Agreed Order, RM/RH. All Agree
Agricultural Enforcement Agreed Order
Item 51. Docket No. 1999-0610-AGR-E. Consideration of an Agreed Order assessing administrative penalties of James Stanley Gossett dba Frio Feeders in Deaf Smith County; Water Quality Permit No. 02911; for water quality violations pursuant to the Tex. Water Code chs. 7 and 26, the Tex. Health & Safety Code chs. 361 and 371, and the rules of the Texas Natural Resource Conservation Commission. (Sherry Smith/Shawn Hess)
Issue Agreed Order, RH/JB. All Agree
Item 52. Docket No. 1999-0716-AGR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Gerald Oosten dba G & P Holstein Dairy in Erath County; TNRCC ID No. 03142; for dairy operations water quality violations pursuant to Chapter 26 of the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (John Sumner)
Issue Agreed Order, RH/JB. All Agree
Solid Waste Enforcement Agreed Order
Item 53. Docket No. 2000-0181-SWR-E. Consideration of an Agreed Order requiring certain actions of Refinery Holding Company, L.P. in El Paso County; TNRCC ID No. 86385; for solid waste corrective action pursuant to the Texas Solid Waste Disposal Act, Chapter 361 of the Texas Health & Safety Code, Chapter 7 of the Texas Water Code, and the rules of Texas Natural Resource Conservation Commission. (Mary Risner)
Issue Agreed Order, RM/RH. All Agree
Rules
Item 54. Docket No. 2000-0343-RUL. Consideration for the approval of publication of proposed amendments to 30 TAC Chapter 312, concerning Sludge Use, Disposal, and Transportation. The proposed amendments would incorporate requirements imposed by House Bill 3288 in the 76th Legislative Session which prohibit the Texas Natural Resource Conservation Commission from charging disposal fees for sewage sludge that has been treated to the lowest pathogen density level provided by commission rules and that meets metal concentration limits, vector attraction reduction, and pathogen reduction requirements. (Joe Thomas, Daniel Burke, Anthony Tatu) (Rule Log No. 1998-079-312-WT)
Approve Publication, RH/JB. All Agree
Item 55. Docket No. 2000-0330-RUL. Consideration for publication of, and opportunity for hearing on proposed new 30 TAC Chapter 290, Subchapter H, Sections 290.271-290.275, Consumer Confidence Reports. The proposed rules would establish a new subchapter which incorporates federal requirements which establish the minimum content of consumer confidence reports that are to be developed and distributed by community water supply systems. (Ron Bearden) (Rule Log No. 1999-065-290-WT)
Approve Publication, RH/JB. All Agree
Item 56. Docket No. 2000-0392-RUL. Consideration for publication of, and hearing on, the following proposed new and amended sections of 30 TAC Chapter 321, Control of Certain Activities By Rule:
amended Section 321.34 Procedures for Making Application for Individual Permit
amended Section 321.35 Procedures for Making Application for Registration
new Section 321.48 Additional Requirements for Certain Concentrated Animal Feeding Operations
The proposed rules implement that portion of House Bill 801, 76th Legislature, 1999, which amended Texas Water Code, Section 26.0286, requiring the commission to process an application for authorization to construct or operate a concentrated animal feeding operation located sufficiently close to a sole-source surface drinking water supply as an application for an individual permit. (Lydia Gonzalez-Gromatzky/Ray Austin) (Rule Log No. 1999-030-321-AD)
Continued to 1:00 p.m.
Item 57. Docket No. 2000-0369-RUL. Consideration for publication of proposed amendments to the following sections of 30 TAC Chapter 291, Utility Regulations:
291.3. Definition of Terms.
291.21. Form and Filing of Tariffs.
291.26. Suspension of Rates.
291.32. Rate Design.
291.74. Maintenance and Location of Records.
291.81. Customer Relations.
291.83. Refusal of Service.
291.85. Response to Requests for Service by a Retail Public Utility Within Its Certificated Area.
291.86. Service Connections.
291.87. Billing.
291.88. Discontinuance of Service.
291.89. Meters.
291.93. Adequacy of Water Utility Service.
291.102. Criteria for Considering and Granting Certificates or Amendments.
291.106. Notice for Applications for Certificates of Convenience and Necessity.
291.112. Transfer of Certificate of Convenience and Necessity.
291.128. Petition or Appeal Concerning Wholesale Rate.
291.131. Executive Director's Determination of Probable Grounds.
291.132. Evidentiary Hearing on Public Interest.
291.134. Commission Action to Protect Public Interest, Set Rates.
The proposed amendments primarily implement applicable requirements of Senate Bill 1, 75th Legislature, 1997, and Senate Bill 1421, 76th Legislature, 1999, relating to water utilities and water rates. However, some of the amendments are in response to public comments received during the quadrennial review of Chapter 291 and proposals from commission staff as part of the agency's regulatory reform initiative and the quadrennial review of the rules. (Wayne Wiley/Lara Nehman) (Rule Log No. 1999-043-291-WT).
Continued to May 17, 2000
Item 58. Docket No. 2000-0378-RUL. Consideration of a petition by Texas Terminal Operators, for rulemaking to revise 30 TAC 335.323, Generation Fee Assessment. If approved, the petition will result in amendments to include additional exemptions from the generation fee for certain types of waste streams. The Executive Director recommends that the petition be denied.
Withdraw without prejudice, JB/RH. All Agree
EXECUTIVE SESSION
Item 59. 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 60. Docket No. 1999-0025-EXE. THE COMMISSION WILL CONDUCT A CLOSED SESSION TO DISCUSS THEIR DUTIES, ROLES, AND RESPONSIBILITIES AS COMMISSIONERS OF THE TNRCC PURSUANT TO SECTION 551.074 OF THE OPEN MEETINGS ACT, CODIFIED AS CHAPTER 551 OF THE GOVERNMENT CODE. The Commission may also meet in open session to take action on this matter as required by Section 551.102 of the Texas Open Meetings Act, Chapter 551 of the Government Code.
No Action Taken
(PERSONS WITH DISABILITIES WHO PLAN TO ATTEND THE TNRCC AGENDA AND WHO MAY NEED AUXILIARY AIDS OR SERVICES SUCH AS INTERPRETERS FOR PERSONS WHO ARE DEAF OR HEARING IMPAIRED, READERS, LARGE PRINT, OR BRAILLE ARE REQUESTED TO CONTACT DOUG KITTS IN THE OFFICE OF THE CHIEF CLERK AT (512) 239-3317 AT LEAST TWO (2) WORK DAYS PRIOR TO THE AGENDA, SO THAT APPROPRIATE ARRANGEMENTS CAN BE MADE.) (PERSONS WHO DESIRE THE ASSISTANCE OF AN INTERPRETER IN CONJUNCTION WITH THEIR ORAL PRESENTATION AT THIS TNRCC AGENDA ARE REQUESTED TO CONTACT DOUG KITTS IN THE OFFICE OF CHIEF CLERK AT (512) 239-3317 AT LEAST FIVE (5) WORK DAYS PRIOR TO THE AGENDA SO THAT APPROPRIATE ARRANGEMENTS CAN BE MADE.)
REGISTRATION FOR AGENDA STARTS AT 8:45 A.M. UNTIL 9:30 A.M. PLEASE REGISTER BETWEEN THESE TIMES. LATE REGISTRATION COULD RESULT IN YOUR MISSING THE OPPORTUNITY TO COMMENT ON YOUR ITEM.


ADDENDUM TO AGENDA

Wednesday, May 3, 2000

Texas Natural Resource Conservation Commission

9:30 a.m.

Bldg E. Room 201S

12100 Park 35 Circle

Item 61. Docket No. 2000-0135-MWD. Consideration of permit application # 10846-001, submitted by NUECES COUNTY WATER CONTROL & IMPROVEMENT DISTRICT NO. 4 for a major amendment to TNRCC Permit No. 10846-001 to authorize an increase in the discharge of treated domestic wastewater from a daily average flow not to exceed 1,380,000 gallons per day to an annual average flow not to exceed 1,880,000 gallons per day. The plant site is located at the end of Ross Avenue on the western edge of the City of Port Aransas, approximately 0.25 mile west of the intersection of Sixth Street and Avenue I in Nueces County, Texas. The Commission will also consider hearing requests, related responses and replies, public comment and the Executive Director's response to comments.
Deny Hearing Request, RH/RM. All Agree
Item 62. Docket No. 2000-0235-DIS. Consideration of a Proposed Order Approving the Petition for Dissolution of Travis County Water Control and Improvement District No. 21. The Petitioner requests that the Commission dissolve the District pursuant to V.T.C.A., Water Code 49.321-49.327. (TNRCC Internal Control No. 01132000-D02; Cindy Cartwright).
Approve Petition for Dissolution, RM/JB. All Agree


AGENDA

Wednesday, May 3, 2000

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

1:00 p.m.

Bldg E. Room 201S

12100 Park 35 Circle

Item 1. TNRCC Docket No. 1998-1003-PST-E; SOAH Docket No. 582-99-1124. Consideration of Administrative Law Judge's Proposal for Decision and Order for alleged violations against Richard Cornett dba Quick Service Bail Bonds, located at 1201 E. Front Street, City of Midland, Midland, Texas, for violations of both failing to register his underground storage tanks (UST), then improperly removing them from service.
Adopt Proposal for Decision and Issue Order, JB/RH. All Agree
Item 2. TNRCC Docket No. 1999-0437-AIR; TNRCC Docket No. 1999-0438 and TNRCC Docket 1999-0439-AIR; SOAH Docket No. 582-99-0513; 582-99-0514 and 582-99-0515. Consideration of Administrative Law Judge's Proposal for Decision and Order for applications of American Acryl, L.P. and Elf Atochem North American, Inc. for three separate air quality permits to authorize the construction of a new chemical manufacturing complex in the Bayport Industrial District, Harris County, Texas.
Adopt Proposal for Decision and Approve the Order to issue permit with modifications to the order. Overrule all other motions, RH/RM. All Agree
Item 3. TNRCC Docket No. 1997-0807-MSW; SOAH Docket No. 582-97-1547. Administrative Law Judge's Certified Question regarding the authority of the Commission to evaluate the application of Adobe Eco-Systems, Ltd. for Permit No. MSW-2253, which would authorize a new municipal solid waste landfill in Kinney County, Texas.
Return application to SOAH to proceed after a 45 day delay, RM. Died for lack of a second. The Kinney County ordinance is not "pertinent," under 30 T.A.C. 305.50 (2), to this application. Proceed with the hearing on the merits of the application, JB/RH. All Agree


ADDENDUM TO AGENDA

Wednesday, May 3, 2000

Texas Natural Resource Conservation Commission

1:00 p.m.

Bldg E. Room 201S

12100 Park 35 Circle

Item 4. Docket No. 2000-0392-RUL. Consideration for publication of, and hearing on, the following proposed new and amended sections of 30 TAC Chapter 321, Control of Certain Activities By Rule:
amended Section 321.34 Procedures for Making Application for Individual Permit
amended Section 321.35 Procedures for Making Application for Registration
new Section 321.48 Additional Requirements for Certain Concentrated Animal Feeding Operations
The proposed rules implement that portion of House Bill 801, 76th Legislature, 1999, which amended Texas Water Code, Section 26.0286, requiring the commission to process an application for authorization to construct or operate a concentrated animal feeding operation located sufficiently close to a sole-source surface drinking water supply as an application for an individual permit. (Lydia Gonzalez-Gromatzky/Ray Austin) (Rule Log No. 1999-030-321-AD)
Approve Publication, JB/RM. All Agree