AGENDA

Wednesday, July 26, 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.
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, July 26, 2000

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.

12100 Park 35 Circle

Room 201S, Bldg. E

Item carried forward from agenda of July 12, 2000.
Item 1. 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).
Adopt amendments to 30 TAC Chapter 307, with changes as recommended, JB/RH. All Agree


HUSTON
MARQUEZ
BAKER

AGENDA

Wednesday, July 26, 2000

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.

12100 Park 35 Circle

Room 201S, Bldg. E

HEARING REQUESTS
Item 1. Docket No. 2000-0622-MSW. Consideration of an application by the City of Dumas for a permit amendment to MSW 211-B, an existing Type I municipal solid waste landfill facility. The permit amendment will authorize a height increase. The facility is located approximately 0.75 miles southeast of the City of Dumas, in Moore County, Texas. The Commission will also consider hearing requests and related responses and replies. (Mike Graeber/Hodgson Eckel)
Granted hearing and remand to Alternative Dispute Resolution 4 to 6 weeks, if mediation fails forward to State Office Administrative Hearings, RM/JB. All Agree
Item 2. Docket No. 2000-0621-AIR. Consideration of application by Armor Aggregates Ltd. dba Armor Materials for New Air Quality Permit 42073 to authorize the construction and operation of a rock crushing facility. The proposed facility is located on the south side of Hwy 80, 4.1 miles west of the center of Wills Point, Kaufman County, Texas. The Commission will also consider hearing requests and related responses and replies. (Ms. Veronica Padilla/Mr. Garrett Arthur and Ms. Terry Salem)
Deny hearing request and issue permit, with changes to permit to be consistent with current policy, JB/RH. All Agree
Item 3. Docket No. 2000-0620-AGR. Consideration of Permit Application No. 03142, submitted by Gerald Oosten for a Texas Pollutant Discharge Elimination System (TPDES) permit to replace and renew a permit authorizing the applicant to operate a concentrated animal feeding operation (CAFO) for a dairy facility with a maximum of 1950 head in Erath County, Texas. No discharge of pollutants into the waters in the state is authorized by the permit except as a result chronic or catastrophic rainfall event. The facility is located on the west side of County Road 209 approximately four miles northwest of its intersection with Farm-to-Market Road 2481 in the City of Duffau in Erath County, Texas. The Commission will also consider hearing, requests related responses and replies, public comment and the Executive Director's response to comments.
Remanded to State Office Administrative Hearings per General Counsel
Item 4. Docket No. 2000-0559-MWD. Consideration of Permit Application No. 14107-001, submitted by MATHEWS BLUFF, INC. for a new permit, proposed Texas Pollutant Discharge Elimination System (TPDES) Permit No. 14107-001, to authorize the discharge of treated domestic wastewater at a daily average flow not to exceed 240,000 gallons per day. The plant site is located approximately 1,000 feet northwest of the intersection of County Road 3405 and County Road 3406 in Hunt County, Texas. The Commission will also consider hearing request, related responses and replies, public comments and the Executive Director's response to comments.
Grant hearing request of Utterback's and Gibson's , deny all others, allow 4 to 6 weeks for Alternative Dispute Resolution, if mediation fails forward to State Office Administrative Hearings, RH/JB. All Agree
Item 5. Docket No. 2000-0048-IWD. Consideration of Permit Application 03874, submitted by TEXAS LIME COMPANY for a new permit, proposed Texas Pollutant Discharge Elimination System (TPDES) Permit No. 03874, to authorize the addition of Outfall 001 which will discharge non-contact cooling water at a daily maximum flow not to exceed 430,000 gallons per day. The applicant operates a lime, calcium carbonate, and peagravel manufacturing facility. The plant site is located on the west side of Farm-to-Market Road 1434 immediately south of Cleburne State Park, approximately nine miles west of the City of Cleburne, Johnson County, Texas. The Commission will also consider hearing requests, related responses and replies, public comment and the Executive Director's response to comments.
Continued to September 7, 2000
PUBLIC WATER SUPPLY ENFORCEMENT AGREED ORDERS
Item 6. Docket No. 2000-0049-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Blue Water Cove Water/Waste Water Supply Corporation in San Jacinto County; Public Water Supply No. 2040059; for drinking water violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas Natural Resource Conservation Commission. (Laura Clark, Michelle Harris)
Issue agreed order, JB/RM. All Agree
Item 7. Docket No. 2000-0070-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Blueberry Hill Property Owners Association in Parker County; Public Water Supply No. 1840059; for drinking water violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas Natural Resource Conservation Commission. (Jayme Brown)
Issue agreed order, JB/RM. All Agree
Item 8. Docket No. 2000-0205-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Robert Wilson dba Brenham South Mobile Home Park in Washington County; Public Water Supply No. 2390047; 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, JR/RM. All Agree
LANDSCAPE IRRIGATOR INSTALLERS ENFORCEMENT AGREED ORDER
Item 9. Docket No. 1999-1234-LII-E. Consideration of an Agreed Order assessing administrative penalties against John Richards Sparks dba Lawn Concepts of the Crossroads in Howard County; TNRCC ID No. NONE; for on-site landscape irrigation installer violations pursuant to Chapter 366 of the Texas Health & Safety Code and the rules of the Texas Natural Resources Conservation Commission. (Tracy Gross)
Issue agreed order, RH/RM. All Agree
AIR ENFORCEMENT AGREED ORDERS
Item 10. Docket No. 1999-1369-AIR-E. Consideration of an Agreed Order assessing administrative penalties and resolving an enforcement action against Samuel Alba dba Alba's Custom Iron Works in Harris County; Air Account No. HX-1453-V; 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. (Miriam Hall)
Issue agreed order, RM/RH. All Agree
Item 11. Docket No. 2000-0043-AIR-E. Consideration of an Agreed Order assessing administrative penalties against APAC-Texas, Inc. in Dallas County; Air Account No. DB-0616-C; 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, Merrilee Gerberding)
Issue agreed order, RM/RH. All Agree
Item 12. Docket No. 2000-0078-AIR-E. Consideration of an Agreed Order assessing administrative penalties of CR/PL, LLC in Dallas County; Air Account No. DB-0907-L; 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, Carl Schnitz)
Issue agreed order, RM/RH. All Agree
Item 13. Docket No. 2000-0264-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Canyon Pipe Line Corporation in Sterling County; Air Account No. SO-0007-V; for air quality violations pursuant to Texas Clean Air Act, Tex. Health & Safety Code ch. 382, Tex. Water Code ch. 7 and the Texas Natural Resource Conservation Commission. (Mark Newman, Sheila Smith)
Issue agreed order, RM/RH. All Agree
Item 14. Docket No. 1999-1536-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Continental Cabinets Manufacturing, Inc. in El Paso County; Account No. EE-1227-G; 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, Erika Fair)
Issue agreed order, RM/RH. All Agree
Item 15. Docket No. 1999-0936-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Mr. Lee Roy Frazier dba Frazier's Backhoe: Septic Systems and Demolition Services in Newton County; Air Account No. NC-0050-C; for air quality and municipal solid waste violations pursuant to the Texas Solid Waste Disposal Act, Texas Clean Air Act, Tex. Health & Safety Code chs. 361 and 382 ("the Act") and Tex. Water Code ch. 7 and the rules of the Texas Natural Resource Conservation Commission. (Laura Clark, Karen Berryman)
Issue agreed order, RM/RH. All Agree
Item 16. Docket No. 1999-1519-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Goodman Manufacturing Company, L.P.,in Harris County; Air Account No. HG-1016-R for air quality violations pursuant to the Texas Clean Air Act, Tex. Health & Safety Code ch. 382, Tex. Water Code ch. 7 and the rules of the Texas Natural Resource Conservation Commission. (Tel Croston)
Issue agreed order, RM/RH. All Agree
Item 17. Docket No. 2000-0041-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Harris Fiberglass Materials, Inc., Mr. Vernon L. Harris, Sr., Ms. Lynda Harris, and Mr. Vernon L. Harris, Jr. in Hood County; Air Account No. HQ-0105-L; 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, Sheila Smith)
Issue agreed order, RM/RH. All Agree
Item 18. Docket No. 1999-1109-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Merit Energy Company in Live Oak County; Air Account No. LK-0001-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. (Gary L. McDonald, Carl Schnitz)
Issue agreed order, RM/RH. All Agree
Item 19. Docket No. 2000-0167-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Northern Natural Gas Company in Hale, Terry, Reagan, Irion, Winkler, Gaines, and Midland Counties; Air Account Nos. HA-0116Q; TD-0063-I; RC-0025-C; IA-0040-H; WM-0009-H; GA-0174-T; and ML-0022-W; 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. (Stacey Young)
Issue agreed order, RM/RH. All Agree
Item 20. Docket No. 2000-0143-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of R and B Energy Limited Liability Company in Stephens County; Air Account No. SN-0069-K; 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. (Kara Dudash, Sheila Smith)
Issue agreed order, RM/RH. All Agree
Item 21. Docket No. 2000-0258-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of RCL Enterprises, Incorporated dba Color Dynamics in Collin County; Air Account No. CP-0175-R; 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. (Jorge Ibarra, P.E., Sheila Smith)
Issue agreed order, RM/RH. All Agree
Item 22. Docket No. 2000-0259-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Texwood Industries, Incorporated dba Quality Doors in Dallas County; Air Account No. DB-1182-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. (Jorge Ibarra, P.E., Sheila Smith)
Issue agreed order, RM/RH. All Agree
Item 23. Docket No. 2000-0030-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Alan Raoufpur dba Tejano Wholesale in Dallas County; Air Account No. DB-5128-I; for air quality violations pursuant to the Texas Clean Air Act, Tex. Health & Safety Code ch. 382, Tex. Water Code ch. 7, and the rules of the Texas Natural Resource Conservation Commission. (Jorge Ibarra, Carl Schnitz)
Issue agreed order, RM/RH. All Agree
Item 24. Docket No. 1999-0536-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Elf Atochem North America, Inc. in Harris County; Air Account No. HG-0461-W; for air quality violations pursuant to the Texas Clean Air Act, Tex. Health & Safety Code ch. 382, Tex. Water Code ch. 7, and the rules of the Texas Natural Resource Conservation Commission. (Miriam Hall)
Issue agreed order, RM/RH. All Agree
INDUSTRIAL HAZARDOUS WASTE ENFORCEMENT AGREED ORDER
Item 25. Docket No. 1999-1457-IHW-E. Consideration of an Agreed Order assessing administrative penalties of Waste Control Specialists, L.L.C. in Andrews County; TNRCC ID No. 50358; 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. (Dan Landenberger, Gayle Stewart)
Issue agreed order, RM/RH. All Agree
MUNICIPAL SOLID WASTE ENFORCEMENT AGREED ORDERS
Item 26. Docket No. 2000-0441-MSW-E. Consideration of Agreed Order assessing administrative penalties and requiring certain actions of Mistex Energy, Inc. and Charlie Cummings in Hutchinson County; TNRCC ID No. C81973; for municipal solid waste violations pursuant to the Texas Solid Waste Disposal Act, Chapter 361 of the Texas Health & Safety Code, and the rules of the Texas Natural Resource Conservation Commission. (Richard O'Connell)
Issue Agreed Order, JB/RM. All Agree
Item 27. Docket No. 1999-0694-MSW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Hidalgo County; Municipal Solid Waste Permit No. 1727; for municipal solid waste violations pursuant to Tex. Solid Waste Disposal Act, Tex. Health and Safety Code ch. 361, and Tex. Water Code ch. 7, and the rules of the Texas Natural Resource Conservation Commission. (Fara O'Neal, Terry Murphy)
Remand to Executive Director
MUNICIPAL WASTE DISCHARGE ENFORCEMENT AGREED ORDERS
Item 28. Docket No. 1999-1426-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Matagorda County Water Control and Improvement District No. 6 in Matagorda County; TNRCC WQ No. 10663-001; 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, Michelle Harris)
Issue agreed order, RM/JB. All Agree
Item 29. Docket No. 2000-0038-MWD-E. Consideration of an Agreed Order assessing administrative penalties against Harris County Municipal Utility District No. 82 in Harris County; Water Quality Permit No. 11799-001 and NPDES Permit No. TX0071528; for water quality violations pursuant to Texas Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Cassandra Noble)
Issue agreed order, RM/JB. All Agree
ON-SITE SEWAGE INSTALLER AGREED ORDER
Item 30. Docket No. 2000-0113-OSI-E. Consideration of an Agreed Order assessing administrative penalties against Michael J. Rhine in Tarrant County; On-site Sewage Facility Installer ID No. OS5358; for on-site sewage 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
ON-SITE SEWAGE INSTALLER DEFAULT ORDERS
Item 31. Docket No. 1999-0625-OSI-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Timothy Poole in Wood County; TNRCC ID No. NONE; for on-site sewage installer violations pursuant to Chapter 366 of the Texas Health & Safety Code and the rules of the Texas Natural Resource Conservation Commission. (M.Camille Morris)
Issue default order, RM/JB. All Agree
Item 32. Docket No. 1999-0997-OSI-E. Consideration of an Default Order assessing administrative penalties and requiring certain actions of Shawn Wilhoit in Wise County; TNRCC ID No. NONE: for on-site sewage installer violations pursuant to Chapter 366 of the Texas Health & Safety Code and the rules of the Texas Natural Resource Conservation Commission. (M. Camille Morris)
Issue default order, JB/RM. All Agree
PETROLEUM STORAGE TANK ENFORCEMENT DEFAULT ORDERS
Item 33. Docket No. 1999-0697-PST-E. Consideration of a Default Order assessing administrative penalties against Mr. James Taylor in Travis County; TNRCC ID No. 0071908; 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 default order, RH/RM. All Agree
Item 34. Docket No. 1999-1586-PST-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Bismi Corporation in Harris County; TNRCC ID No. 009778; for petroleum storage tank violations pursuant to Chapters 7 and 26 of the Texas Water Code, Chapter 382 of Texas Health & Safety Code, and the rules of the Texas Natural Resource Conservation Commission. (Joshua M. Olszewski)
Issue default order, RH/RM. All Agree
PETROLEUM STORAGE TANK ENFORCEMENT AGREED ORDERS
Item 35. Docket No. 1998-1277-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of P. W. Gentry doing business as Old Gas Station in Ellis County; TNRCC ID No. 13044; 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, JB/RM. All Agree
Item 36. Docket No. 1999-1579-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Petroleum Wholesale, Inc. dba Sunmart #114 in Nueces County; PST Facility ID No. 58609; for petroleum storage tank violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Audra Baumgartner/Gayle Stewart)
Issue agreed order, JB/RM. All Agree
RULES
Item 37. Docket No. 2000-0220-RUL. Consideration for adoption of Chapter 80, Subchapter C, new Section 80.128, Specific Admissibility of Evidence. The adopted new section will implement Senate Bill 1298, 76th Legislature, 1999, regarding the submittal of dispersion modeling as evidence in a public hearing concerning a concrete batch plant standard permit. The proposed rule was published in the April 21, 2000 issue of the Texas Register (25 TexReg 3418). (Anne Inman/Phil Harwell) (Rule Log No. 1999-060-116-AI)
Approve adoption, RM/JB. All Agree
Item 38. Docket No. 2000-0204-RUL. Consideration for adoption of new 30 TAC Chapter 14,Grants, Sections 14.1-14.10, 14.12, 14.15, and 14.16 and for withdrawal of Sections 14.11, 14.13, and 14.14. If adopted, Sections 14.1-14.10, 14.12, 14.15, and 14.16 will establish procedures for awarding grants, for making any determination relating to awarding grants, and for making grant payments. They also implement House Bill (HB) 3561 and Section 28 of Senate Bill (SB) 1421, 76th Legislature, 1999. Withdrawal of Sections 14.11, 14.13, and 14.14 will remove sections from the proposal that are redundant to statutory requirements. The proposal was published in the May 5, 2000 issue of the Texas Register (25 TexReg 3913). (Forrest Brooks/Doug McArthur) (Rule Log No. 1999-040-014-AD).
Approve adoption, RM/JB. All Agree
Item 39. Docket No. 2000-0147-RUL. Consideration for adoption of 30 TAC Chapter 11, Contracts, new Subchapter D, Resolution of Contract Claims. The new subchapter will implement House Bill 826, 76th Legislature, 1999, by establishing procedures for the resolution of certain contract claims against the commission. The proposed new subchapter was published in the May 5, 2000 issue of the Texas Register (25 TexReg 3911). (Doug McArthur/Pat Robards) (Rule Log No. 1999-081-011-AD)
Approve adoption, RM/JB. All Agree
Item 40. Docket No. 2000-0343-RUL. Consideration for the adoption of amendments to 30 TAC Chapter 312, Sludge Use, Disposal, and Transportation. If adopted, the 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. The proposal was published in the May 19, 2000 issue of the Texas Register (25 TexReg 4482). (Joe Thomas, Daniel Burke, Anthony Tatu) (Rule Log No. 1998-079-312-WT)
Approve adoption, JB/RH. All Agree
Item 41. Docket No.2000-0170-RUL. Consideration for adoption of amendments to 30 TAC Chapter 290, Public Drinking Water, Sections 290.38, 290.39, 290.41, 290.44, 290.45, and 290.47, relating to Rules and Regulations for Public Water Systems; repeal of sections 290.42, 290.46, 290.101 - 290.106, and 290.108 - 290.121; and adoption of new sections 290.42, 290.46, Rules and Regulations for Public Water Systems; and 290.101 - 290.115, 290.117 - 290.119, 290.121, and 290.122, Drinking Water Standards Governing Drinking Water Quality and Reporting Requirements for Public Water Supply Systems.
The rulemaking adopts provisions of the federal Stage 1 Disinfectants and Disinfection By-Products rule, as well as the federal Interim Enhanced Surface Water Treatment rule. This adoption also amends state design criteria for drinking water supply systems. The proposed rules were published in the April 21, 2000 issue of the Texas Register (25 TexReg 3420). (Jack Schulze/Melissa Estes/Scott Humphrey) (Rule Log No. 1999-015-290-WT)
Continued to August 23, 2000
Item 42. Docket No. 2000-0691-RUL. Consideration for publication of proposed amendments to the following sections of 30 TAC Chapter 39, Public Notice:
Section 39.15 Public Notice Not Required for Certain Types of Applications
Section 39.251 Application for Injection Well Permit
Section 39.651 Application for Injection Well Permit
The proposed amendments modify the requirements to notify mineral rights owners near injection wells of applications for new permits, major amendments, permit renewals, and public hearings of underground Class I injection wells. In addition, the proposed amendments modify the newspaper publication requirements for underground injection well applications. (Devane Clarke/Lara Nehman/Michelle Lingo) (Rule Log No. 1999-071-039-WS)
Repost as item # 46 as per General Counsel
PETITION FOR RULEMAKING
Item 43. Docket No. 2000-0714-RUL. Consideration of a petition for rulemaking filed by Baker & Botts, LLP on behalf of Secured Environmental Management, Inc. requesting that the commission amend 30 TAC Section 331.121, Class I Wells, expanding the scope of the geologic characteristics to be documented and considered in determining geologic suitability in connection with permit applications for salt cavern Class I injection wells.
The proposed amendment modifies Section 331.121(d)(1) and clarifies the type of information needed to demonstrate a thorough geologic characterization. (Alice Rogers/Beecher Cameron) (Rule Log No. 2000-028-PET-WS)
Grant petition for rulemaking, RM/RH. All Agree
EXECUTIVE SESSION
Item 44. 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 whall be made in the absence of further notice issued in accordance with Chapter 551 of the Government Code.
No Action Taken
Item 45. 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 26, 2000

Texas Natural Resource Conservation Commission

9:30 a.m.

Bldg E. Room 201S

12100 Park 35 Circle

Item 46. Docket No. 2000-0691-RUL. Consideration for publication of, and hearing upon, proposed amendments to the following sections of 30 TAC Chapter 39, Public Notice:
Section 39.15 Public Notice Not Required for Certain Types of Applications
Section 39.251 Application for Injection Well Permit
Section 39.651 Application for Injection Well Permit
The proposed amendments modify the requirements to notify mineral rights owners near injection wells of applications for new permits, major amendments, permit renewals, and public hearings of underground Class I injection wells. In addition, the proposed amendments modify the newspaper publication requirements for underground injection well applications. (Devane Clarke/Lara Nehman/Michelle Lingo) (Rule Log No. 1999-071-039-WS)
Approve publication and hearing, RM/RH. All Agree


AGENDA

Wednesday, July 26, 2000

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

1:00 p.m.

12100 Park 35 Circle

Room 201S, Bldg. E

Item 1. TNRCC Docket No. 1999-1040-DIS; SOAH Docket No. 582-99-2139. Consideration of Administrative Law Judge's Proposal for Decision and Order concerning the application of Roman Forest PUD # 3 for authority to impose standby fees in Montgomery County, Texas.
Adopt Administrative Law Judge's proposal for decision and issue order, RM/RH. All Agree