AGENDA

Thursday, September 7, 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

Thursday, September 7, 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 31, 2000 and July 12, 2000
Item 1. 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)
Issue Default Order, RM/RH. All Agree
Item carried forward from agenda of July 26, 2000.
Item 2. 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.
Deny hearing request and Issue Permit, Adopt ED's Comments, JB/RH. All Agree


ADDENDUM TO OLD BUSINESS

Thursday, September 7, 2000

Texas Natural Resource Conservation Commission

9:30 a.m.

Bldg E. Room 201S

12100 Park 35 Circle

Item carried forward from Agenda of August 9, 2000 and August 23, 2000.
Item 3. Docket No. 2000-0827-SIP. Consideration for publication of, and hearing upon, an agreement with Southwest Airlines, Inc., and corresponding revisions to the State Implementation Plan (SIP) for ozone control. The agreement and revised SIP would make federally enforceable certain local ozone precursor emission reductions of nitrogen oxides from sources at the William P. Hobby Airport in Houston, Harris County, Texas. (Bill Jordan)
Continued to September 27, 2000
Item carried forward from Agenda of August 23, 2000.
Item 4. Docket No. 2000-0836-AIR. Consideration of a request by Newpark Shipyard Pasadena, Inc. (Newpark) for an exemption from the property line particulate matter standards in 30 TAC 111.155. Newpark operates a shipbuilding and repair facility in Pasadena Texas, and has applied for an air quality permit to conduct outdoor abrasive blasting of ships and barges. An air quality permit cannot issue, however, unless and until Newpark is able to demonstrate that (1) it can meet the property line standard in 111.155, or (2) it qualifies for an exemption under 101.11(e). Newpark submits that it is unable to meet the property line concentration standards in 111.155 due to a lack of technological knowledge, and therefore requests an exemption from those standards pursuant to 30 TAC 101.11(e).
Approve order as drafted, RH/RM. All Agree


HUSTON
MARQUEZ
BAKER

AGENDA

Thursday, September 7, 2000

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.

12100 Park 35 Circle

Room 201S, Bldg. E

Hearing Request
Item 1. Docket No. 2000-0796-AIR. Consideration of application by Bodin Concrete Company for Air Quality Permit by Rule Registration No. 42685 to authorize construction of a concrete batch plant. The proposed plant will be located 300 feet west of the intersection of FM 460 and US Highway 80 near Forney in Kaufman County, Texas. The Commission will also consider requests for hearing or reconsideration, related responses and replies, public comment, and the Executive Director's Response to Comments. (Patrick Agumadu/Kerri Rowland)
Deny hearing request and issue permit and adopt Executive Director's Response to Public Comments, RH/RM. All Agree
AGRICULTURAL ENFORCEMENT AGREED ORDER
Item 2. Docket No. 1999-0802-AGR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of John Koster dba Koster Dairy in Comanche County; Water Quality Permit No. 03159; 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
PUBLIC WATER SUPPLY ENFORCEMENT AGREED ORDERS
Item 3. Docket No. 1999-1395-PWS-E. Consideration of an Agreed Order assessing administrative penalties against Frank Creekmore and Kenneth Shaffer dba Rayburn Lodge and White Capp Café in Angelina County; Public Water Supply No. 0030011; for public drinking water violations pursuant to Tex. 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 4. Docket No. 2000-0196-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of U.S. Liquids, Inc. dba Houston Tank Cleaning Service in Harris County; Public Water Supply 1012926; for drinking water quality violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas Natural Resource Conservation Commission. (Shawn Stewart)
Issue Agreed Order, RH/RM. All Agree
Item 5. Docket No. 1999-1553-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Wildwood Circle Property Owners Association, Inc. in San Jacinto County; Public Water Supply 2040052; for drinking water violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas Natural Resource Conservation Commission. (Laura Clark, Kimberly McGuire)
Issue Agreed Order, RH/RM. All Agree
EDWARDS AQUIFER ENFORCEMENT AGREED ORDER
Item 6. Docket No. 2000-0209-EAQ-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of John C. Penney in Williamson County; No TNRCC ID No.; 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, JB/RM. All Agree. Approve as restated, RH/RM. All Agree
INDUSTRIAL HAZARDOUS WASTE ENFORCEMENT AGREED ORDER
Item 7. Docket No. 1999-1577-IHW-E. Consideration of an Agreed Order assessing administrative penalties against Schlumberger Well Services, a division of Schlumberger Technology Corporation in Smith County; Solid Waste Registration No. 38408; for industrial & hazardous 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. (Carolyn V. Lind, Kent Heath)
Issue Agreed Order, RM/JB. All Agree
MUNICIPAL WASTES DISCHARGE ENFORCEMENT AGREED ORDERS
Item 8. Docket No. 2000-0247-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of C & P Utilities, Inc. in Chambers County; Water Quality Permit No. 11720-001; 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, Kimberly McGuire)
Issue Agreed Order, RH/RM. All Agree
Item 9. Docket No. 1999-1379-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of City of Driscoll in Nueces County; NPDES Permit No. TX0094145 and Water Quality Permit No. 11541-001; 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, RH/RM. All Agree
RULES
Item 10. Docket No. 2000-0819-RUL. Consideration for publication of a Notice of Intention to Review of 30 TAC Chapter 86, Special Provisions for Contested Case Hearings, with the proposed repeal of, and hearing upon, the following sections: Subchapter C, Water Rate Hearings; Subchapter E, Appeals of Rules of the Edwards Underground Water District; and Subchapter F, Variance Hearings; and proposed readoption of the remaining sections of 30 TAC Chapter 86.
This proposed review is in accordance with Texas Government Code, Section 2001.039; and with 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. (Debi Dyer) (Rule Log No. 2000-005-086-AD)
Approve Staff Recommendation to Publish, RM/JB. All Agree
Item 11. Docket No. 2000-0592-RUL. Consideration for publication of proposed new 30 TAC Chapter 7, Section 7.124, Natural Resource Trustees Memorandum of Understanding (MOU).
The proposed rule will set forth the procedures by which the executive director and the natural resource trustees will interact regarding the ecological risk assessment and the ecological services analysis processes under Chapter 350, Texas Risk Reduction Program. (Caroline Sweeney/Richard Seiler/Michael Bame) (Rule Log No. 2000-012-007-AD)
Continued to September 27, 2000
Item 12. Docket No. 2000-0818-RUL. Consideration for publication of, and hearing on, the following proposed rule amendments to 30 TAC Chapter 50, Action on Applications and Other Authorizations. The amendments address 50.39, Motion for Reconsideration and 50.139, Motion to Overturn Executive Director's Decision.
The proposed amendments are intended to clarify when the notification period begins and ends concerning motions for reconsideration and motions to overturn. (Debi Dyer) (Rule Log No. 2000-017-050-AD)
Approve Publication and Hearing, RH/JB. All Agree
EXECUTIVE SESSION
Item 13. 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 14. 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
Item 15. Docket No. 1198-1154-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
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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.


AGENDA

Thursday, September 7, 2000

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

1:00 p.m.

12100 Park 35 Circle

Room 201S, Bldg. E

Item 1. TNRCC Docket No. 1998-0696-IHW-E; SOAH Docket No. 582-98-1991. Consideration of the Administrative Law Judge's Proposal for Decision and Order concerning the application by Monroe Van Copeland & James Dale Kennemer, for alleged violations of discharging industrial wastes without authorization and failure to conduct a hazardous waste determination on those wastes, in Parker County, Texas.
Adopt Proposal for Decision and Deny Motion to Re-Open Hearing, JB. Amendment offered by Chairman Huston, penalty amount payable in 12 monthly payments for each part, JB/RH. All Agree
Item 2. TNRCC Docket No. 1999-0052-MWD; SOAH Docket No. 582-99-0680. Consideration of the Administrative Law Judge's Proposal for Decision and Order concerning the application for Big Bend Motor Inn, Inc., for a renewal of its wastewater treatment and disposal permit to operate an activated sludge wastewater treatment plant in the extended aeration mode in Brewster County, Texas.
Continued to Jan 10, 2001 with instructions to staff regarding information requested by Commission, RH/RM. Baker voted No.