AGENDA

Wednesday, July 12, 2000

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

8:30 a.m.

12100 Park 35 Circle

Bldg. E., Room 201S

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.
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.
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.


OLD BUSINESS AGENDA

Wednesday, July 12, 2000

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.

12100 Park 35 Circle

Room 201S, Bldg. E

Item carried forward from Agenda of May 17, 2000.
Item 1. Docket No. 1999-0984-AGR-E. Consideration of an Agreed Order assessing administrative penalties against Joe Cordell and John Heavyside dba Lledroc Farms West in Erath County; Agricultural Waste/Wastewater Authorization No. AGR 072-009; for agriculture violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Pamela Campbell)
Continued to August 9, 2000
Item carried forward from Agenda of May 31, 2000
Item 2. Docket No. 1999-0831-PST-E. Consideration of a Default Order assessing administrative penalties of Micor Energy, L.L.C. dba AFCO in Tom Green County; TNRCC ID NO. 58511; for petroleum storage tank violations pursuant to Chapter 7 and 26 of the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Robin Houston)
Continued to September 7, 2000
Item carried forward from Agenda of June 14, 2000.
Item 3. Docket No. 1999-1414-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Jobe Concrete Products, Inc. in El Paso County; Air Account No. EE-0034-D; 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. (Rebecca Cervantes/Karen Santiesteban)
Issue Agreed Order, RM/RH. All Agree


HUSTON
MARQUEZ
BAKER

AGENDA

Wednesday, July 12, 2000

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.

12100 Park 35 Circle

Room 201S, Bldg. E

HEARING REQUESTS
Item 1. Docket No. 2000-0313-MWD. Consideration of permit application #14108-001, submitted by MIDLOTHIAN DEVELOPMENT AUTHORITY for a new permit, proposed Texas Pollutant Discharge Elimination System (TPDES) Permit No. 14108-001, to authorize the discharge of treated domestic wastewater at a daily average flow not to exceed 800,000 gallons per day. The plant site is located approximately 700 feet east of Soap Creek and 450 feet south of U.S. Highway 67 in Ellis 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/Scottie Aplin)
Deny hearing request, issue permit and adopt Executive Director's Responses to comments, JB/RH. All Agree
Item 2. Docket No. 2000-0307-IWD. Consideration of permit application 01516, submitted by CITY PUBLIC SERVICE OF SAN ANTONIO for a renewal of TNRCC Permit No. 01516, which authorizes the discharge of cooling tower blowdown and storm water from the cooling pond at a daily average flow not to exceed 700,000 gallons per day 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. TX0002682 issued on June 3, 1988 and TNRCC Permit No. 01516, issued on May 28, 1993. The applicant operates a steam electric plant. The plant site is located at 9911 Perrin-Beitel Road (the west side of Farm-to-Market Road 2252), approximately one (1) mile north of Loop 410 on the north side 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. (Cindy Lee/Scottie Aplin)
Deny hearing request, issue permit and adopt Executive Director's responses to comments, RM/JB. All Agree
AGRICULTURAL AGREED ORDER
Item 3. Docket No. 1999-0801-AGR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Leon Heijligers dba Center Point Dairy in Hopkins County; TNRCC ID No. 03872; for concentrated animal feeding operation water quality violations pursuant to Chapter 26 of the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Scott McDonald)
Issue agreed order, RM/JB. All Agree
PUBLIC WATER SUPPLY ENFORCEMENT AGREED ORDERS
Item 4. Docket No. 1999-0655-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Diamond Mini-Mart, Inc. in Victoria County; TNRCC ID No. 2350041; 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. (Scott McDonald)
Issue agreed order, JB/RM. All Agree
Item 5. Docket No. 1999-1213-PWS-E. Consideration of an Agreed Order assessing administration penalties and requiring certain actions of Chisolm Trail Special Utility District in Williamson County; Public Water Supply No. 2460121; for drinking water violations pursuant to the Tex. Health & Safety Code ch. 341 and the rules of the Texas Natural Resource Conservation Commission. (Larry King, Eric Reese)
Issue agreed order, JB/RM. All Agree
Item 6. Docket No. 2000-0060-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Duke and Long Distributing Company, Inc. dba Everyday Food Store No. 5209 in Travis County; Public Water Supply No. 2270215; for drinking water quality violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas Natural Resource Conservation Commission. (Kimberly McGuire)
Issue agreed order, JB/RM. All Agree
Item 7. Docket No. 1999-1592-PWS-E. Consideration of an Agreed Order assessing administrative penalties against Harris Creek Water Company in McLennan County; PWS Facility ID No. 1550076; for drinking water violations pursuant to the Tex. Health & Safety Code ch. 341 and the rules of the Texas Natural Resource Conservation Commission. (Kyle Headley, Brian Lehmkuhle)
Issue agreed order, JB/RM. All Agree
Item 8. Docket No. 1999-1498-PWS-E. Consideration of an Agreed Order assessing administrative penalties against Believers World Outreach Church, Incorporated dba Burchfield Ministries Country Camp in Colorado County; Public Water Supply No. 0450031; for drinking water quality violations pursuant to the Texas Health & Safety Code Chapter 341 and the rules of the Texas Natural Resource Conservation Commission. (Sandy VanCleave)
Issue agreed order, RM/RH. All Agree
EDWARDS AQUIFER ENFORCEMENT AGREED ORDERS
Item 9 Docket No. 2000-0253-EAQ-E. Consideration of an Agreed Order assessing administrative penalties of Kaufman and Broad Lone Star, L.P. in Bexar County; Edwards Aquifer Protection Program Number 1379; for water quality violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Steven Lopez)
Issue agreed order, RM/RH. All Agree
Item 10. Docket No. 1999-1255-EAQ-E. Consideration of an Agreed Order assessing administrative penalties of Mr. Bill Smalling dba Smalling Interests in Williamson County; Edwards Aquifer Protection Program No. 99072701; for water quality violations pursuant to the Tex. Water Code chs. 7 and 26, and the rules of the Texas Natural Resource Conservation Commission. (Larry King, Eric Reese)
Issue agreed order, RM/RH. All Agree
SLUDGE ENFORCEMENT AGREED ORDER
Item 11. Docket No. 1998-1136-SLG-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Raeford Harrington dba Harrington Environmental Services in Johnson County; TNRCC ID No. 20579; for sewage sludge violations pursuant to Chapter 361 of the Texas Health & Safety Code and the rules of the Texas Natural Resource Conservation Commission. (Scott McDoanld)
Issue agreed order, RM/RH. All Agree
MULTI MEDIA ENFORCEMENT AGREED ORDERS
Item 12 . Docket No. 1998-0968-MLM-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Truth Yearwood and Yearwood Distributing Company, Inc. in El Paso County; TNRCC ID No. 38628; for petroleum storage tank violations pursuant to Chapter 26 of the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (M. Camille Morris)
Issue agreed order, RH/RM. All Agree
Item 13 . Docket No. 1999-1509-MLM-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Kennard in Houston County; TPDES Permit No. 11474- 001 and Public Water Supply No. 1130011; for water quality and drinking water quality violations pursuant to Tex. Health & Safety Code ch. 341 and Tex. Water Code ch. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Jayme Brown)
Remanded to Executive Director
Item 14 . Docket No. 1999-0986-MLM-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Mercury Forwarding Agency, Inc. in Maverick County; Air Account No. MI-0037-O; for air quality and municipal solid waste violations pursuant to the Tex. Health & Safety Code chs. 382 and 361, Tex. Water Code ch. 7 and the rules of the Texas Natural Resource Conservation Commission. (Malcolm A. Ferris, Carl Schnitz)
Issue agreed order, RH/RM. All Agree
IRRIGATOR ENFORCEMENT DEFAULT ORDER
Item 15 . Docket No. 1999-0729-IRR-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Randy Risinger in Montgomery County; No TNRCC License Number; for landscape irrigator/installer violations pursuant to Chapter 34 of the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Mary R. Risner)
Issue Default Order, RM/JB. All Agree
AIR ENFORCEMENT AGREED ORDERS
Item 16 . Docket No. 2000-0098-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Budget Rent-A-Car in El Paso County; Air Account No. EE-0885-P; 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. (Corey M. Burke)
Issue agreed order, RM/RH. All Agree
Item 17 . Docket No. 2000-0163-AIR-E. Consideration of an Agreed Order assessing administrative penalties of KOCH Midstream Processing Company in Crockett County; Air Account No. CZ-0012-K; 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. (David Van Soest/Mark Newman)
Issue agreed order, RM/RH. All Agree
Item 18. Docket No. 1999-1478-AIR-E. Consideration of an Agreed Order assessing administrative penalties for KOCH Midstream Services Company in Pecos County and Ward County; Account Nos. PE-0046-G, PE-0164-W, WC-0025-W; 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. (Gayle Stewart/Dan Landenberger)
Issue agreed order, RM/RH. All Agree
Item 19 . Docket No. 1999-0092-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Odell Greer Construction Company, Inc. in Bell County; TNRCC ID No. BF0057I; for air 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. (Robin Houston)
Issue agreed order, RM/RH. All Agree
Item 20. Docket No. 1999-0093-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Odell Geer Construction Company, Inc in Bell County; TNRCC ID No. 90-6084-C; 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, RM/RH. All Agree
Item 21. Docket No. 2000-0042-AIR-E. Consideration of an Agreed Order assessing administrative penalties of Mr. Larry Trotter dba Preferred Auto Sales in Dallas County; Air Account No. DB-5093-C; 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. (Wendy Penland, Merrilee Gerberding)
Issue agreed order, RM/RH. All Agree
Item 22. Docket No. 1999-0764-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Gardner Glass Products in Walker County; TNRCC ID No. WA-0041-A; 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. (Rohit Bali, Carl Schnitz)
Issue agreed order, RM/RH. All Agree
Item 23. Docket No. 2000-0076-AIR-E. Consideration of an Agreed Order assessing administrative penalties of Oasis Pipe Line Company Texas L.P. in Crockett and Kimble Counties; Air Account Nos. CZ-0026-W; KG-0007-K; 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, Merrilee Gerberding)
Issue agreed order, RM/RH. All Agree
Item 24. Docket No. 2000-0016-AIR-E. Consideration of an Agreed Order assessing administrative penalties and resolving an enforcement action against Houston Steel Equipment Company in Harris County; Air Account No. HX-1861-C; 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 25. Docket No. 1999-1567-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Tosco Marketing Company, Inc. in El Paso County; Air Account No. EE-0799-J; 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. (Corey M. Burke)
Issue agreed order, RM/RH. All Agree
Item 26. Docket No. 1999-1589-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Ultra Fuel and Oil, L.L.C. in El Paso County; Air Account Nos. EE-2063-F and EE-0866-T; 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. (Corey M. Burke)
Issue agreed order, RM/RH. All Agree
Item 27. Docket No. 1999-1565-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Union Pacific Railroad in El Paso County; Air Account No. EE-1354-V; 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. (Corey M. Burke)
Issue agreed order, RM/RH. All Agree
Item 28. Docket No. 2000-0108-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Chemical Lime New Braunfels, Ltd. in Comal County; TNRCC Air Account No. CS-0020-O; 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. (Malcolm A. Ferris, Susan Johnson)
Issue agreed order, RM/RH. All Agree
Item 29. Docket No. 1999-0663-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Agro-Transfer, Inc. in Hidalgo County; TNRCC Permit No. 24286; 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. (Fara O'Neal, Tim Haase)
Issue agreed order, RM/RH. All Agree
Item 30. Docket No. 1999-0876-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Koch Pipeline Company, L.P. in Burleson, Fayette, Frio, Bee, Victoria, Robertson, Live Oak, Refugio, Nueces, Starr, Jim Wells, Duval, Webb, McMullen, Bastrop, San Patricio, Lavaca, King, Garza, Scurry, Haskell, Stonewall, Cooke, Smith, Gregg, Upton, Andrews, Dawson, Winkler, Karnes, Rusk, and Crockett Counties; Account Nos. KH-0011-I, GC-0069-S, SG-0138-T, HJ-0037-L, SP-0005-O, GJ-0355-L, RL-0172-J, BR-0153-W, FJ-0039-S, KA-0069-I, RI-0025-F, BE-0021-R, LK-0045-P, RG-0080-T, NE-0065-N, JG-0086-F, WE- 0245-H, MC-0063-K, SK-0519-K, CV-0133-S, GJ-0354-N, UB-0159-W, AB-0429-I, AB-0430-A, DC-0129-H, VC-0122-R, WM-0191-O, BC-0031-N, VC-0121-T, FC-0186-H, SM-0072-J, DK-0062-A, WE-0240-R, SD-0047-K, BR-0085-O, CV-0122-A, CA-0181-J, SP-0040-M, 0029842A, and 033431U, for air quality and 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. (Stacey Young)
Issue agreed order, RM/RH. All Agree
AIR ENFORCEMENT DEFAULT ORDER
Item 31 . Docket No. 1998-1543-AIR-E. Consideration of a Default Order assessing administrative penalties against and requiring certain actions of Saul Doria dba Pickering Automotive in Harris County; TNRCC ID No. HX1907D; for air 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. (Robin Houston)
Issue Default Order, RH/RM. All Agree
INDUSTRIAL HAZARDOUS WASTE ENFORCEMENT AGREED ORDERS
Item 32. Docket No. 1999-1480-IHW-E. Consideration of an Agreed Order assessing administrative penalties of Equistar Chemicals, L. P. in Harris County; IHW SWR No. 30030; 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. (Thomas Greimel/Catherine Sherman)
Issue agreed order, RM/RH. All Agree
Item 33. Docket No. 1996-1615-IHW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Morris Rosenstein and San-Tex Lumber Co., Inc. in Bexar County; TNRCC ID No. 84635; 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 of the Texas Natural Resource Conservation Commission. (Nathan Block)
Issue agreed order, RM/RH. All Agree
Item 34. Docket No. 1999-1546-IHW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Signtech USA, LTD. in Bexar County; Solid Waste Registration No. 39225; 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. (Malcolm A. Ferris, Sherry T. Smith)
Issue agreed order, RM/RH. All Agree
Item 35. Docket No. 1999-1578-IHW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Sneed Shipbuilding, Inc., in Orange County; TNRCC IHW ID No. 86273; 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. (Laura Clark/Eric Reese)
Issue agreed order, RM/RH. All Agree
INDUSTRIAL WASTE DISCHARGE ENFORCEMENT AGREED ORDER
Item 36. Docket No. 1999-0815-IWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Penreco in Galveston County; NPDES Permit No. TX0003727 and Water Quality Permit No. 00377; for water quality violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Michael Meyer)
Issue agreed order, JB/RM. All Agree
MUNICIPAL SOLID WASTE ENFORCEMENT ORDER
Item 37. Docket No. 1999-0695-MSW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Hidalgo County in Hidalgo County; Municipal Solid Waste Permit No. 1593A; for municipal solid 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. (Fara O'Neal, Michael De La Cruz)
Issue agreed order, RH/RM. All Agree
MUNICIPAL WASTE DISCHARGE ENFORCEMENT AGREED ORDERS
Item 38. Docket No. 1999-1468-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Lytle in Atascosa County; NPDES Permit No. TX0057509; Water Quality Permit No. 10096-001; 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 39. Docket No. 1999-1505-MWD-E. Consideration of an Agreed Order assessing administrative penalties against North Texas Municipal Water District in Collin County; TNRCC Water Quality Permit No. 10384-001; 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/JB. All Agree
Item 40. Docket No. 1999-0450-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Italy in Ellis County; Expired Water Quality Permit No. 10516-001 and NPDES Permit No. TX0024805; for water quality violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Michael Meyer)
Issue agreed order, RM/JB. All Agree
Item 41. Docket No. 1999-1538-MWD-E. Consideration of an Agreed Order assessing administrative penalties against the City of Streetman in Freestone County; TPDES Permit No. 10471-001; for water quality violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Kristi Jones)
Issue agreed order, RM/JB. All Agree
PETROLEUM STORAGE TANK ENFORCEMENT AGREED ORDERS
Item 42. Docket No. 1999-1458-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of B Hari International, Inc. dba Kwik Serve #3 in Johnson County; PST Facility ID No. 0067479; 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. (Michael De La Cruz/Jorge Ibarra, P.E.)
Issue agreed order, RH/RM. All Agree
Item 43. Docket No. 1999-1403-PST-E. Consideration of an Agreed Order assessing administrative penalties of Doyle Foster dba Weir Country Store in Williamson County; PST Facility ID No. 22117; for petroleum storage violations pursuant to the Texas Natural Resource Conservation Commission. (Susan Johnson/Larry King)
Issue agreed order, RH/RM. All Agree
Item 44. Docket No. 1998-0939-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Swati Enterprises, Inc. in Smith County; TNRCC ID No. 29907; for petroleum storage tank violation pursuant to Chapter 26 of the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Josh Olszewski)
Issue agreed order, RH/RM. All Agree
Item 45. Docket No. 1999-0216-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Petro-Mex, Inc. in Hidalgo County; TNRCC ID No. 34084; for petroleum storage tank violations pursuant to Chapter 26 of the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Joshua Olszewski)
Issue agreed order, RH/RM. All Agree
Item 46. Docket No. 2000-0004-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Andrews Transport, Inc. in Jefferson County; petroleum storage tank ID No. 0040091; for petroleum storage tank violations pursuant to the Texas Health and Safety Code ch. 382, Texas Water Code ch. 7, and the rules of the Texas Natural Resource Conservation Commission. (Laura Clark / Kenty Heath)
Issue agreed order, RH/RM. All Agree
Item 47. Docket No. 1999-1377-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Carmel Industries, Inc. dba Highway 290 Truck Stop in Waller County; PST Facility ID No. 0035658; for petroleum storage tank violations pursuant to the Tex. Health & Safety Code ch. 382, Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Trina Lewison, Michael De La Cruz)
Issue agreed order, RH/RM. All Agree
Item 48. Docket No. 1999-1449-PST-E. Consideration of an Agreed Order assessing administrative penalties against Jaweed Virani dba Star Mart in Galveston County; Petroleum Storage Tank Facility ID No. 0034474; for petroleum storage tank violations pursuant to Tex. Health & Safety Code ch. 382, Tex. Water Code ch. 7 and the Texas Natural Resource Conservation Commission. (Erika Fair)
Issue agreed order, RH/RM. All Agree
PETROLEUM STORAGE TANK ENFORCEMENT DEFAULT ORDER
Item 49. Docket No. 1998-0652-PST-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions against Ahmed, Inc. dba Tote-a-Bag in Dallas County; TNRCC ID No. 39407; for petroleum storage tank violations pursuant to Chapters 7 and 26 of the Texas Water Code, Texas Health and Safety Code Chapter 382, and the rules of the Texas Natural Resource Conservation Commission. (Joshua Olszewski)
Issue Default Order, RM/RH. All Agree
RULES
Item 50. Docket No. 2000-0183-RUL. Consideration for adoption of 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 amendments will implement Senate Bill 1447, 76th Legislature, 1999, which amended Texas Health and Safety Code, Sections 363.061 and 363.064, adding new requirements for identifying former municipal solid waste landfills and notifying owners of the overlaying property. The proposal was published in the March 24, 2000 issue of the Texas Register (25 TexReg 2543). (Steve Dayton/Steven Shepherd) (Rule Log No. 1999-048-330-WS).
Approve adoption of amendments, JB/RM. All Agree
Item 51. Docket No. 1999-1352-RUL. Consideration for adoption of the rules review and readoption with amendments of 30 TAC Chapter 307, Texas Surface Water Quality Standards. All sections except Section 307.1, General Policy Statement, contain amendments. 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 amendments revise the state's surface water quality standards and satisfy the federal Clean Water Act requirement for states to publicly review and revise their surface water quality standards every three years. The proposed amendments and notice of intention to review were published in the February 4, 2000 issue of the Texas Register (25 TexReg 677 and 824). (Jim Davenport/Tom Weber) (Rule Log No. 1998-055-307-WT).
Continued to July 26, 2000
Item 52. Docket No. 2000-0601-RUL. Consideration for publication of a Notice of Intention to Review:
Chapter 290, Subchapter B, Certification of Waterworks Personnel;
Chapter 290, Subchapter C, Permit Application; and
Chapter 325, Certificates of Competency.
The reviews are in accordance with Texas Government Code, 2001.039; and the General Appropriations Act, Article IX, 9-10.13, 76th Legislature, 1999, which require state agencies to review and consider for readoption each of their rules every four years.
Consideration for:
repeal of Chapter 290, Subchapter B, Certification of Waterworks Personnel;
repeal of Chapter 290, Subchapter C, Permit Application; and
repeal of Chapter 325, Certificates of Competency.
Consideration for proposal of:
new Chapter 325, Subchapter A, Certification of Public Water System Operators and Public Water System Operations Companies;
new Subchapter B, Certification of Wastewater Operators and Wastewater Operations Companies;
new Subchapter D, Certification of Waterworks Personnel; and
new Subchapter E, Certificates of Competency.
Subchapters D and E contain provisions that will be in effect until June 1, 2001. Subchapters A and B contain provisions with which water and wastewater operators and operations companies must comply by June 1, 2001. (Juanita Lopez/Michelle Lingo) (Rule Log No. 1999-013-290-WT).
Approve publication, RM/RH. All Agree
EXECUTIVE SESSION
Item 53. 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 54. 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 THE 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, July 12, 2000

Texas Natural Resource Conservation Commission

9:30 a.m.

12100 Park 35 Circle

Bldg E. Room 201S

Item 55. Docket No. 2000-0702-RPT. Discussion and approval of the Priority Allocation Table for the 2002-03 Legislative Appropriation Request.
Approve Legislative Appropriation Request as submitted by staff, RH/RM. All Agree


AGENDA

Wednesday, July 12, 2000

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

1:00 p.m.

12100 Park 35 Circle

Room 201S, Bldg. E

Item 1. TNRCC Docket No. 1998-0601-UCR; S0AH Docket No. 582-99-1202. Consideration of Administrative Law Judge's Proposal for Decision and Order in the matter of the application of the City of Mission to amend Certificate of Service and Necessity (CCN No. 20798) in Hidalgo County, Texas.
Grant Proposal for Decision and Issue Order with changes as recommended by Administrative Law Judge and Commissioners, RH/JB. All Agree
Item 2. TNRCC Docket No. 1998-1100-MWD; SOAH Docket No. 582-99-0683. Consideration of Administrative Law Judge's Proposal for Decision and Order in the matter of the Application of Walter Sadder for a new municipal wastewater discharge permit, Permit No. 13923-001, located approximately one and one-half miles south of the intersection of Farm-to-Market Road 758 and State Highway 46 in Guadalupe County.
Grant Proposal for Decision and Issue Order with changes, JB/RM. All Agree