AGENDA

Wednesday, December 20, 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


HUSTON
MARQUEZ
BAKER

AGENDA

Wednesday, December 20, 2000

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.

Bldg E. Room 201S

12100 Park 35 Circle

HEARING REQUESTS
Item 1. Docket No. 2000-1243-MWD. The City of Winters has applied for a major amendment to Permit No. 10320-001, to authorize an increase in the daily average flow from 490,000 gallons per day to 530,000 gallons per day and to increase the acreage irrigated from 250 acres to 282 acres. The proposed amendment also requests authorization to beneficially land apply sludge on 50.9 acres of land adjacent to the west site of the treatment facility. This permit will not authorize a discharge of pollutants into waters in the State. The wastewater treatment facilities and disposal area are located approximately 5,600 feet east and 2,900 feet south of the intersection of State Highway 153 and U.S. Highway 83, southeast of the City of Winters in Runnels County, Texas. (Zdenek Matl/Robin Smith)
Reposted as Item No. 65
Item 2. Docket No. 2000-1272-MWD. Consideration of permit application no. 11319-001, submitted by Lost Creek Municipal Utility District for a renewal of Permit No. 11319-001, which authorizes the disposal of treated domestic wastewater at a daily average flow not to exceed 520,000 gallons per day via irrigation of a golf course. This permit will not authorize a discharge of pollutants into waters in the State. The wastewater treatment facilities and disposal area are located at 6104 Turtle Point Road, approximately 800 feet east of the intersection of Lost Creek Boulevard and Turtle Point Road in the Lost Creek Subdivision in Travis County, Texas. The disposal sites (i.e., the Lost Creek Golf Course and the adjacent 38-acre tract) are located in the Lost Creek Subdivision. The plant site and disposal area are located in the drainage basin of Barton Creek in Segment No. 1430 of the Colorado River Basin. The Commission will also consider hearing requests, related responses and replies, public comment and the Executive Director's response to comments. (Firoj Vahora/Snehal Patel)
Continued to February 7, 2000
PUBLIC WATER SUPPLY ENFORCEMENT AGREED ORDERS
Item 3. Docket No. 1999-0563-PWS-E. Consideration of an Agreed Order assessing administrative penalties against ConCan Water Supply Corporation in Uvalde County; TNRCC ID No. 2320032; for public drinking water violations pursuant to Chapter 341 of the Tex. Health & Safety Code and the rules of the Texas Natural Resource Conservation Commission. (Victor Simonds)
Issue Agreed Order, RH/RM. All Agree
Item 4. Docket No. 1999-0494-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Hilltop Estates Water Supply in Denton County; TNRCC ID No. 0610199; for public drinking water violations pursuant to Chapter 341 of the Tex. Health & Safety Code and the rules of the Texas Natural Resource Conservation Commission. (Victor Simonds)
Remand to Executive Director
Item 5. Docket No. 2000-0836-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Dallardsville-Segno Water Supply Corporation in Polk County; TNRCC PWS ID No. 1870126; for drinking water quality violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas Natural Resource Conservation Commission. (Laura Clark, Joseph Daley)
Issue Agreed Order, RH/RM. All Agree
Item 6. Docket No. 2000-0515-PWS-E. Consideration of an Agreed Order assessing administrative penalties against Carlos Flores dba Del Rio Fisherman's Headquarters in Val Verde County; Public Water Supply No. 2330016; 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, Joseph Daley)
Issue Agreed Order, RH/RM. All Agree
Item 7. Docket No. 2000-0755-PWS-E. Consideration of an Agreed Order assessing administrative penalties against Jon A. Friend dba Besaw's Café in Harris County; Public Water Supply No. 1011039; for drinking water quality violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas Natural Resource Conservation Commission. (Subhash Jain, Joseph Daley)
Remand to the Executive Director
Item 8. Docket No. 2000-0418-PWS-E. Consideration of an Agreed Order assessing administrative penalties against Mary A. Beltran dba 1017 Café in Starr County; PWS No. 2140030; for drinking water violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas Natural Resource Conservation Commission. (Subhash Jain, Joseph Daley)
Issue Agreed Order, RH/RM. All Agree
Item 9. Docket No. 2000-0632-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Clayton Water Supply Corporation in Panola County; Public Water Supply Nos. 1830005, 1830029, and 1830030; for drinking water quality violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas Natural Resource Conservation Commission. (Carolyn V. Lind, Joseph Daley)
Issue Agreed Order, RH/RM. All Agree
Item 10. Docket No. 2000-0597-PWS-E. Consideration of an Agreed Order assessing administrative penalties against Charles Donalson in Harris County; Public Water Supply No. 1012607; for drinking water quality violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas Natural Resource Conservation Commission. (Elvia Maske, Joseph Daley)
Issue Agreed Order, RH/RM. All Agree
Item 11. Docket No. 2000-0689-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Greater Life Church in Harris County; Public Water Supply No. 1013124; for drinking water quality violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas Natural Resource Conservation Commission. (Elvia Maske, Joseph Daley)
Issue Agreed Order, RH/RM. All Agree
Item 12. Docket No. 1999-1529-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Rio Water Supply Corporation in Starr County; Public Water Supply ID No. 2140016; for drinking water quality violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas Natural Resource Conservation Commission. (Erika Fair, Joseph Daley)
Issue Agreed Order, RH/RM. All Agree
Item 13. Docket No. 2000-0296-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Jim Wells County Fresh Water Supply District No. 1 in Jim Wells County; Public Water Supply No. 1250030; for drinking water quality violations pursuant to Tex. Health & Safety Code ch. 341, Tex. Water Code ch. 13, and the rules of the Texas Natural Resource Conservation Commission. (Merrilee Gerberding, Joseph Daley)
Remand to Executive Director
Item 14. Docket No. 2000-0688-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of AMCG Realty Investments, L.L.C. dba Oak Forest Mobile Home Community in Anderson County; Public Water Supply No. 0010052; for drinking water quality violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas Natural Resource Conservation Commission. (Elvia Maske, Joseph Daley)
Issue Agreed Order, RH/RM. All Agree
Item 15. Docket No. 2000-0134-PWS-E. Consideration of an Agreed Order assessing administrative penalties against the City of Palestine in Anderson County; Public Water Supply ID No. 0010001 and Water Quality Permit No. None; for drinking water quality violations pursuant to Tex. Health & Safety Code ch. 341, Tex. Water Code chs. 7 and 26, and the rules of the Texas Natural Resource Conservation Commission. (Carolyn V. Lind, Terry Thompson)
Issue Agreed Order, RH/RM. All Agree
PUBLIC WATER SUPPLY ENFORCEMENT DEFAULT ORDER
Item 16. Docket No. 1998-1308-PWS-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Conny Whitehorn dba Coronado Water Company in Deaf Smith County; TNRCC ID NO. 0590009; for public drinking water violations pursuant to Chapter 341 of the Tex. Health & Safety Code, Chapters 5 and 13 of the Tex. Water Code, and the rules of the Texas Natural Resource Conservation Commission. (Victor Simonds)
Issue Default Order, RM/RH. All Agree
MODIFY, AFFIRM OR SET ASIDE AN EMERGENCY ORDERS
Item 17. Docket No. 1999-1288-PWS-E. Consideration of whether to Modify, Affirm, or Set Aside an Emergency Order Appointing Rodney Mayo as Temporary Manager of a Water Utility issued on November 21, 2000 by the Executive Director of the Texas Natural Resource Conservation Commission pursuant to Tex. Water Code ch. 5, subch. L. The Emergency Order appointed Rodney Mayo as temporary manager of the South Midland County Water Systems, Inc. (the "Utility"), which is owned, operated, and/or managed by South Midland County Water Systems, Inc. and James Sawyer. The Emergency Order was issued pursuant to Chapter 12 of the Tex. Water Code and the rules of the Texas Natural Resource Conservation Commission, in order to address the abandonment of the Utility by South Midland County Water Systems, Inc. and James Sawyer; to ensure continued operation of the Utility; and to provide continuous and adequate services to customers. (Rebacca Nash Petty)
Affirm Emergency Order, RH/JB. All Agree
Item 18. Docket No. 1999-1288-PWS-E. Consideration of whether to Set Aside an Emergency Order issued on October 2, 2000 by the Executive Director of the Texas Natural Resource Conservation Commission pursuant to Tex. Water Code ch. 5, subch. L. The Emergency Order appointed Thomas M. Bruner as temporary manager of the South Midland County Water Systems, Inc. (the "Utility"), which is owned, operated, and/or managed by South Midland County Water Systems, Inc. and James Sawyer. The Emergency Order was issued pursuant to Chapter 13 of the Tex.Water Code and the rules of the Texas Natural Resource Conservation Commission, in order to address the abandonment of the Utility by South Midland County Water Systems, Inc. and James Sawyer; to ensure continued operation of the Utility; and to provide continuous and adequate services to customers. Thomas M. Bruner has resigned as Temporary Manager, and a new Temporary Manager has been appointed for the Utility. (Rebecca Nash Petty)
Reposted as item no. 66
SLUDGE ENFORCEMENT AGREED ORDERS
Item 19. Docket No. 2000-0809-SLG-E. Consideration of an Agreed Order assessing administrative penalties against Hardin Plumbing Co., Inc. in Kimble County; Transporter Registration No. 20358; for water quality violations pursuant to Tex. Health & Safety Code ch. 361, Tex. Water Code chs. 7 and 26, and the rules of the Texas Natural Resource Conservation Commission. (Mark Newman, Joseph Daley)
Issue Agreed Order, RH/JB. All Agree
WATER RIGHTS ENFORCEMENT AGREED ORDER
Item 20. Docket No. 2000-0623-WR-E. Consideration of an Agreed Order assessing administrative penalties against H & B Contractors, Ltd. in Limestone County; No TNRCC ID Number; for water rights violations pursuant to Tex. Water Code ch. 11 and the rules of the Texas Natural Resource Conservation Commission. (Sherry Smith, Joseph Daley)
Issue Agreed Order, RH/RM. All Agree
MULTI MEDIA ENFORCEMENT AGREED ORDER
Item 21. Docket No. 2000-0277-MLM-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Luling in Caldwell County; Public Water Supply No. 0280002, NPDES No. TX0022764 and Water Quality Permit No. 10582-002; for water quality and drinking water quality violations pursuant to Tex. Health & Safety Code ch. 341, Tex. Water Code ch. 341, Tex. Water Code chs. 7 and 26, and the rules of the Texas Natural Resource Conservation Commission. (Sandy VanCleave, Joseph Daley)
Issue Agreed Order, RM/JB. All Agree
AIR ENFORCEMENT DISMISSAL OF AGREED ORDER
Item 22. Docket No. 2000-1325-AIR-E. Consideration of the Dismissal of Agreed Order, Docket No. 86-57 against Reynolds Metal Company, on the boundary between San Patricio and Aransas Counties; TNRCC ID No. JE-0010-O; for air quality violations pursuant to the Texas Clean Air Act, Chapter 382 of the Tex. Health & Safety Code, and the rules of the Texas Natural Resource Conservation Commission. (Richard O'Connell)
Dismissal of Agreed Order, JB/RM. All Agree
AIR ENFORCEMENT AGREED ORDERS
Item 23. Docket No. 2000-0130-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Borg Warner Torq Transfer Systems, Incorporated formerly Borg-Warner Automotive Powertrain Systems Corporation in Gregg County; Air Account No. GJ-0160-F; for air quality violations pursuant to Tex. Health & Safety Code ch. 382, Tex. Water Code ch. 7, and the rules of the Texas Natural Resource Conservation Commission. (Suzanne Walrath, Miriam Hall)
Issue Agreed Order, RM/RH. All Agree
Item 24. Docket No. 2000-0361-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Chevron U.S.A., Incorporated in El Paso County; Air Account No. EE-0015-H; for air quality violations pursuant to Tex. Health & Safety Code ch. 382, Tex. Water Code ch. 7, and the rules of the Texas Natural Resource Conservation Commission. (Carl Schnitz, Miriam Hall)
Issue Agreed Order, RM/RH. All Agree
Item 25. Docket No. 2000-0493-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Citation Oil and Gas Corporation in Refugio County; TNRCC Air Account Numbers RG-0072-S and RG-0058-M; for air quality violations pursuant to Tex. Health & Safety Code ch. 382, Tex. Water Code ch. 7, and the rules of the Texas Natural Resource Conservation Commission. (Gary L. McDonald, Miriam Hall)
Issue Agreed Order, RM/RH. All Agree
Item 26. Docket No. 2000-0405-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Donohue Industries, Incorporated in Angelina County; Air Account No. AC-0017-B and Industrial and Solid Waste Registration No. 30993; for air quality and industrial & hazardous waste violations pursuant to Tex. Health & Safety Code chs. 382 and 361, Tex. Water Code ch. 7, and the rules of the Texas Natural Resource Conservation Commission. (Laura Clark, Miriam Hall)
Issue Agreed Order, RM/RH. All Agree
Item 27. Docket No. 2000-0429-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Dynegy Midstream Services, L.P. in Fort Bend County; Air Account No. FG-0040-P; for air quality violations pursuant to Tex. Health & Safety Code ch. 382, Tex. Water Code ch. 7, and the rules of the Texas Natural Resource Conservation Commission. (Corey M. Burke, Miriam Hall)
Issue Agreed Order, RM/RH. All Agree
Item 28. Docket No. 2000-0433-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Exxon Mobil Corporation in Harris County; Air Account No. HG-0232-Q; for air quality violations pursuant to Tex. Health & Safety Code ch. 382, Tex. Water Code ch. 7, and the rules of the Texas Natural Resource Conservation Commission. (Stacey Young, Miriam Hall)
Issue Agreed Order, RM/RH. All Agree
Item 29. Docket No. 2000-0572-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Guardian Industries Corporation in Navarro County; Air Account No. NB-0014-R; for air quality violations pursuant to Tex. Health & Safety Code ch. 382, Tex. Water Code ch. 7, and the rules of the Texas Natural Resource Conservation Commission. (Suzanne Walrath, Miriam Hall)
Issue Agreed Order, RM/RH. All Agree
Item 30. Docket No. 1999-0614-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Martin Marietta Materials Southwest, Ltd. in Harris County; TNRCC Air Account No. HG-0606-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. (Faye Liu, Miriam Hall)
Issue Agreed Order, RM/RH. All Agree
Item 31. Docket No. 2000-0528-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of North Texas Cement Company in Ellis County; Air Account No. ED-0034-O; for air quality violations pursuant to Tex. Health & Safety Code ch. 382, Tex. Water Code ch. 7, and the rules of the Texas Natural Resource Conservation Commission. (Stacey Young, Miriam Hall)
Issue Agreed Order, RM/RH. All Agree
Item 32. Docket No. 2000-0544-AIR-E. Consideration of an Agreed Order assessing administrative penalties against North Texas Trench Burn, Inc. in Tarrant County; Air Account No. 92-2395-L; for air quality violations pursuant to Tex. Health & Safety Code ch. 382, Tex. Water Code ch. 7, and the rules of the Texas Natural Resource Conservation Commission. (Tel Croston, Miriam Hall)
Issue Agreed Order, RM/RH. All Agree
Item 33. Docket No. 2000-0841-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Rudy Maldonado dba Rudy's Service Station in El Paso County; Air Account No. EE-1310-S; for air quality 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 Cervantes, Miriam Hall)
Issue Agreed Order, RM/RH. All Agree
Item 34. Docket No. 2000-0138-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Wildcat Cranes, Incorporated in Tarrant County; Air Account No. TA-3880-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. (Suzanne Walrath, Miriam Hall)
Issue Agreed Order, RM/RH. All Agree
Item 35. Docket No. 1999-0893-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Amerada Hess Corporation in Harris County; TNRCC Air Account No. HG-0017-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. (Faye Liu, Miriam Hall)
Issue Agreed Order, RM/RH. All Agree
Item 36. Docket No. 2000-0565-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Air Liquide America Corporation in Brazoria County; Air Account No. BL-0626-U; for air quality violations pursuant to Tex. Health & Safety Code ch. 382, Tex. Water Code ch. 7, and the rules of the Texas Natural Resource Conservation Commission. (Carl Schnitz, Miriam Hall)
Issue Agreed Order, RM/RH. All Agree
Item 37. Docket No. 2000-0852-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Barker Oil, Inc. in El Paso County; Air Account No. EE-0625-U; for air quality 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 Cervantes, Miriam Hall)
Issue Agreed Order, RM/RH. All Agree
Item 38. Docket No. 1999-1535-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Big Tex Trailer World, Inc. in Titus County; Air Account No. TF-0071-K; for air quality violations pursuant to Tex. Health & Safety Code ch. 382, Tex. Water Code ch. 7, and the rules of the Texas Natural Resource Conservation Commission. (Carolyn V. Lind, Mike Meyer)
Issue Agreed Order, RM/RH. All Agree
INDUSTRIAL WASTE DISCHARGE ENFORCEMENT AGREED ORDERS
Item 39. Docket No. 2000-0627-IWD-E. Consideration of an Agreed Order assessing administrative penalties against the City of Garland in Dallas County; TPDES Permit No. 03519-000; for water quality violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Michael De La Cruz, Joseph Daley)
Issue Agreed Order, RM/JB. All Agree
Item 40. Docket No. 2000-0482-IWD-E. Consideration of an Agreed Order assessing administrative penalties against Maverick Tube Corporation in Montgomery County; Water Quality Permit No. 02365; 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, Joseph Daley)
Issue Agreed Order, RM/JB. All Agree
Item 41. Docket No. 2000-0660-IWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Tommy Thomas in Harris County; TPDES Permit No. 12919-001; 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, Joseph Daley)
Issue Agreed Order, RM/JB. All Agree
MUNICIPAL SOLID WASTE ENFORCEMENT AGREED ORDERS
Item 42. Docket No. 2000-0483-MSW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Brenham in Washington County; MSW Registration No. 40018; 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. (Bill Davis, Randy Norwood)
Remanded to ED
Item 43. Docket No. 2000-0443-MSW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Hico in Hamilton County; MSW Transfer Station Registration No. 40004; 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. (Rebecca Clausewitz, Randy Norwood)
Issue Agreed Order, RH/JB. All Agree
Item 44. Docket No. 2000-0501-MSW-E. Consideration of an Agreed Order assessing administrative penalties against PMT USA Inc. dba Air and Sea Environmental in Harris County; Municipal Solid Waste Registration No. 50059; 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. (Cathy Sherman, Randy Norwood)
Issue Agreed Order, RH/JB. All Agree
Item 45. Docket No. 1999-1580-MSW-E. Consideration of an Agreed Order assessing administrative penalties against James R. Stuart in Harrison County; Municipal Solid Waste Registration No. TYU00019; for municipal solid waste and used oil violations pursuant to Tex. Health & Safety Code ch. 361, Tex. Water Code chs. 7 and 26, and the rules of the Texas Natural Resource Conservation Commission. (Sherry Smith, Randy Norwood)
Issue Agreed Order, RH/JB. All Agree
MUNICIPAL WASTE DISCHARGE ENFORCEMENT AGREED ORDERS
Item 46. Docket No. 2000-0341-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of La Villa in Hidalgo County; Water Quality Permit No. 13794-001; for water quality violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Joseph Daley)
Issue Agreed Order, RH/RM. All Agree
Item 47. Docket No. 2000-0377-MWD-E. Consideration of an Agreed Order assessing administrative penalties against Pilchers Property of America, Inc. in Harris County; NPDES Permit No. TX0047775 and Water Quality Permit No. 0011572-001; 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, Joseph Daley)
Issue Agreed Order, RH/RM. All Agree
Item 48. Docket No. 2000-0248-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Sterling Bank in Brazoria County; TPDES Permit No. 12935-001 (formerly Water Quality Permit No. 12935-001); 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, Joseph Daley)
Issue Agreed Order, RH/RM. All Agree
Item 49. Docket No. 1996-1356-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Gatewood Trust, Huey Abshire, Dwaine & Susan Affolter, Annie & Curtis M. Amason, Milton Basye, Jacquelin & James Bergdorf, Joe & Kayleen Bevers, Jeffrey & Ronda Burdick, Janine & W. Todd Burrell, Gay F. Cravy, Imogene Flourney, John G. Fore, Jr., Dennis Frazier, Rebecca & Steven Gatewood, John & Roxanne Hall, Patsy Hughes, E. Arthur & Theresa Jennings, Marion O. Lowe, Jr., Jerry Wayne Meeks, Marks Malancon, Stephen & Tamra Miguez, Linda & Troy Moore, George V. Morris, Debbie & Robert E. Nicks, Kenneth D. Price, Michelle & Richard Riley, Jr., Kathryn Smith Rector, Claud A. Ward, Jr., Gary & Judy Wells, and Barbara D. & Glen D. Wilkes in Jefferson County; TNRCC ID No. None; for water quality violations pursuant to Chapter 26 of the Tex. Water Code and the rules of the Texas Natural Resource Conservation Commission. (Victor Simonds)
Issue Agreed Order, RH/RM. All Agree
ON-SITE SEWAGE INSTALLER DEFAULT ORDER
Item 50. Docket No. 1999-1264-OSI-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Michael Bagwell in Jasper County; TNRCC ID No. 21556 (Expired); for on-site sewage installer violations pursuant to Chapter 361 of the Tex. Health & Safety Code and the rules of the Texas Natural Resource Conservation Commission. (Richard O'Connell)
Issue Default Order, RH/RM. All Agree
ON-SITE SEWAGE FACILITY INSTALLER AGREED ORDER
Item 51. Docket No. 2000-0165-OSI-E. Consideration of an Agreed Order assessing administrative penalties against Rene Cadena dba Rene's Septic & Backhoe Service in Jim Wells County; On-Site Sewage Facility Installer Certification No. OS7555; for occupational certification violations pursuant to Tex. Health & Safety Code ch. 366, Tex. Water Code ch. 7, and the rules of the Texas Natural Resource Conservation Commission. (John Mead, Joseph Daley)
Issue Agreed Order, JB/RM. All Agree
PETROLEUM STORAGE TANK DEFAULT ORDER
Item 52. Docket No. 1999-1123-PST-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Gulshan Enterprises, Inc. in Harris County; TNRCC ID Nos. 40209, 39755, and 39759; for petroleum storage tank violations pursuant to Chapter 26 of the Tex. Water Code and the rules of the Texas Natural Resource Conservation Commission. (Richard O'Connell)
Issue Default Order, RM/RH. All Agree
PETROLEUM STORAGE TANK ENFORCEMENT AGREED ORDERS
Item 53. Docket No. 1999-0835-PST-E. Consideration of an Agreed Order assessing administrative penalties of NFZ Investments, Inc. in Harris County; TNRCC ID No. 40098; for petroleum storage tank violations pursuant to Chapter 26 of the Tex. Water Code and the rules of the Texas Natural Resource Conservation Commission. (Richard O'Connell)
Issue Agreed Order, RH/RM. All Agree
Item 54. Docket No. 1999-0995-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Ms. Sylvia Hernandez dba Country Store in Hidalgo County; PST Facility ID No. 47483; for petroleum storage tank violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Fara O'Neal, Randy Norwood)
Issue Agreed Order, RM/RH. All Agree
Item 55. Docket No. 2000-0497-PST-E. Consideration of an Agreed Order assessing administrative penalties against Rikta Enterprises, Inc. dba Shop N' Go in Harris County; PST Facility ID No. 0063718; 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. (Catherine Albrecht, Randy Norwood)
Issue Agreed Order, RM/RH. All Agree
MISCELLANEOUS ITEM
Item 56. Docket No. 2000-0215-MIS. Consideration of gifts and donations of $500.00 or more in value given to the TNRCC, submitted for approval in accordance with Chapter 575 to the Government Code, concerning acceptance of gifts by certain state agencies. (Elizabeth West)
Approve Staff Recommendation, JB/RH. All Agree
Item 57. Docket No. 2000-0819-RUL. Consideration for adoption of the rules review and readoption of 30 TAC Chapter 86, Special Provisions for Contested Case Hearings, with the following repealed subchapters: Subchapter C, Water Rate Hearings; Subchapter E, Appeals of Rules of the Edwards Underground Water District; and Subchapter F, Variance Hearings.
This review is in accordance with Texas Government Code, Section 2001.039; and with the General Appropriations Act, Article IX, Sections 9 - 10.13, 76th Legislature, 1999, which require state agencies to review and consider for readoption each of their rules every four years. The repeals will eliminate subchapters that are no longer authorized by statute; superceded by other procedural rules adopted by the commission; or rendered obsolete by other statutory provisions.
The repeal proposal was published in the September 22, 2000 issue of the Texas Register (25 TexReg 9417) and the rules review proposal was published in the October 6, 2000 issue of the Texas Register (25 TexReg 10198). (Debi Dyer) (Rule Log No. 2000-005-086-AD)
Adopt Rules, RM/RH. All Agree
Item 58. Docket No. 2000-0661-RUL. Consideration for the adoption of the rules review and readoption of 30 TAC Chapter 299, Dams and Reservoirs. This review is in accordance with Texas Government Code, Section 2001.039, and the General Appropriations Act, Article IX, Sections 9 - 10.13, 76th Legislature, 1999, which require state agencies to review and consider for readoption each of their rules every four years. The proposal was published in the September 8, 2000 issue of the Texas Register (25 TexReg 9018). (Michael Bame) (Rule Log No. 2000-021-299-WT)
Adopt Rules Review and approve readoption of 30 TAC Chapter 299, RM/RH. All Agree
Item 59. Docket No. 2000-0960-TML. Consideration for the adoption of Nine Total Maximum Daily Loads (TMDLs) for Legacy Pollutants in Streams and a Reservoir in Dallas and Tarrant Counties. The adopted TMDL will be incorporated into the state water quality management plan pursuant to the federal Clean Water Act. (Roger Miranda)
Adopt TML's, RH/JB. All Agree
Item 60. Docket No. 2000-0956-RUL. Consideration for adoption of the repeal of existing 30 TAC Section 7.103, Memorandum of Understanding (MOU) between the Texas Natural Resource Conservation Commission (commission) and the Texas Parks and Wildlife Department (TPWD) and the adoption of new Section 7.103, Memorandum of Understanding (MOU) between the Texas Natural Resource Conservation Commission (commission), the Texas Parks and Wildlife Department (TPWD), and the Texas Department of Agriculture (TDA).
The rulemaking implements certain provisions of Senate Bill 873, 76th Legislature, 1999, requiring an MOU among the three state agencies charged with regulating aquaculture. Proposed new Section 7.103 was published in the October 20, 2000 issue of the Texas Register (25 TexReg 10439) (Yvonna Pierce) (Rule Log No. 1999-035-007-WT)
Adopt MOU, RM/RH. All Agree
Item 61. Docket No. 2000-1316-RUL. Consideration for publication of, and hearing on, a proposed amendment to 30 TAC Chapter 106, Permits by Rule, Section 106.512, Stationary Engines and Turbines. The proposed revision to Chapter 106 would preclude registration under Section 106.512 of certain engines and turbines used to generate electricity upon issuance of a standard permit for small electric generating units. (Jill Burditt/Robby Abarca) (Rule Log No. 2000-050-106-AI)
Approve publication and hearing, RM/RH. All Agree
EXECUTIVE SESSION
Item 62. 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 63. 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 64. 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
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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.


ADDENDUM TO AGENDA

Wednesday, December 20, 2000

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.

Bldg E. Room 201S

12100 Park 35 Circle

Item 65. Docket No. 2000-1243-MWD. Consideration of an application by the City of Winters for amendment to Water Quality Permit No. 10320-001. The permit would authorize an increase of the daily average flow from 490,000 gallons per day to 530,000 gallons per day, and increase of the acreage irrigated form 250 acres to 282 acres. This permit would not authorize a discharge of pollutants into or adjacent to the waters in the State. This wastewater treatment facility and disposal area are located approximately 5,600 feet east and 2,900 feet south of the intersection of State Highway 153 and U.S. Highway 83, southeast of the City of Winters in Runnels 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. (Zdenek Matl, Robin Smith)
Deny Request for Reconsideration and issue amendment and adopt ED's responses and replies, RM/JB. All Agree
Item 66. Docket No. 1999-1288-PWS-E. Consideration of whether to Affirm, Modify, or Set Aside an Emergency Order issued on October 2, 2000 by the Executive Director of the Texas Natural Resource Conservation Commission pursuant to Tex. Water Code ch. 5, subch. L. The Emergency Order appointed Thomas M. Bruner as temporary manager of the South Midland County Water Systems, Inc. (the "Utility"), which is owned, operated, and/or managed by South Midland County Water Systems, Inc. and James Sawyer. The Emergency Order was issued pursuant to Chapter 13 of the Tex. Water Code and the rules of the Texas Natural Resource Conservation Commission, in order to address the abandonment of the Utility by South Midland County Water Systems, Inc. and James Sawyer; to ensure continued operation of the Utility; and to provide continuous and adequate services to customers. Thomas M. Bruner has resigned as Temporary Manager, and a new Temporary Manager has been appointed for the Utility. (Rebecca Nash Petty)
Affirm Emergency Order, RH/JB. All Agree


SECOND ADDENDUM TO AGENDA

Wednesday, December 20, 2000

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.

Bldg E. Room 201S

12100 Park 35 Circle

Item 67. Docket No. 2000-1141-MIS. Consideration of implementation issues and report on stakeholder meetings concerning the TNRCC Proposition 2 program for determinations of tax exemptions for pollution control property and consideration of request for Texas attorney general's opinion.
Approve staff recommendation, JB/RH. All Agree


AGENDA

Wednesday, December 20, 2000

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

1:00 p.m.

Bldg E. Room 201S

12100 Park 35 Circle

Item 1. TNRCC Docket No. 1999-0481-AGR; SOAH Docket No. 582-99-0639. Consideration of Administrative Law Judge's Proposal for Decision and Order concerning the application of Joe Cordell and John Heavyside, dba Lledroc Farms-West, for a Texas Pollution Discharge Elimination System Permit to increase the operation of their dairy in Erath County, Texas.
Continued to January 24, 2001
Item 2. TNRCC Docket No. 1998-0415-MSW; SOAH Docket No. 582-98-1390. Consideration of Administrative Law Judge's Proposal for Decision and Order concerning the application by Blue Flats Disposal, L.L.C., for a permit to construct and operate a Type I municipal solid waste landfill on a 140-acre site 6 miles east of the City of Gordon in Palo Pinto County, Texas.
Accept ALJ's Recommendation in Part, Deny Application, RM/RH. Baker Voted No.