AGENDA

Wednesday, January 10, 2001

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, January 10, 2001

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.
Bldg E. Room 201S
12100 Park 35 Circle

Item carried forward from December 6, 2000
Item 1. Docket No. 2000-1202-MWD. Application by AquaSource Development Company for a new Texas Pollutant Discharge Elimination System (TPDES) Permit No. 14143-001 (EPA I.D.# TXP120111) to authorize a discharge of treated wastewater at a volume not to exceed a daily average flow of 450,000 gallons per day. The domestic wastewater treatment facility services the Justin Ranch Subdivision (a residential community with some light commercial centers) and will be located on Farm-to-Market Road 407, approximately 2 miles west of Justin in Denton County, Texas. The permit would allow discharge from the plant site via pipeline to Trail Creek and thence to Denton Creek. The Commission will consider a hearing request submitted by the City of Fort Worth. (Oren Connaway)
Remanded to Executive Director per General Counsel


ADDENDUM TO OLD BUSINESS

Wednesday, January 10, 2001

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.
Bldg E. Room 201S
12100 Park 35 Circle

Item carried forward from agenda of October 18, November 15, 2000
MODIFY, AFFIRM, OR SET ASIDE UTILITY EMERGENCY ORDER
Item 2. Docket No. 2000-0924-UCR. Consideration to Modify, Affirm, or Set Aside emergency order issued by the Executive Director on August 18, 2000, for Malcolm Bailey as Receiver for Pete Bell Water Systems d/b/a Stonefield Water System and d/b/a Crowley II Acres Water System for an emergency water rate increase under 5.5.08 and 13.4133, Texas Water Code, and 30 Texas Administrative Code 35.202, in Johnson County, Texas.
Affirm Order, RM/JB. All Agree


HUSTON
MARQUEZ
BAKER

AGENDA

Wednesday, January 10, 2001

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.
Bldg E. Room 201S
12100 Park 35 Circle

AGRICULTURAL DEFAULT ORDER
Item 1. Docket No. 1999-0784-AGR-E. Consideration of a Default Order assessing administrative penalties against Tommy Cooke dba Tommy Cooke and Sons Dairy in Rains County; TNRCC ID No. NONE; for dairy operation water quality violations pursuant to ch. 26 of the Tex. Water Code and the rules of the Texas Natural Resource Conservation Commission.
Issue Default Order, RM/JB. All Agree
AGRICULTURAL ENFORCEMENT AGREED ORDER
Item 2. Docket No. 2000-0261-AGR-E. Consideration of an Agreed Order assessing administrative penalties against Arend Jensema in Hopkins County; Water Quality Permit No. 03722; 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, Sandy VanCleave)
Remand to Executive Director
MODIFY, AFFIRM, OR SET ASIDE EMERGENCY ORDER
Item 3. Docket No. 2000-1314-PWS-E. Consideration of whether to Modify, Affirm, or Set Aside an Emergency Order issued on November 10, 2000 by the Executive Director of the Texas Natural Resource Conservation Commission ("TNRCC") pursuant to Tex. Water Code Section 5.501(c)(1). The Emergency Order appointed John Fultz as temporary manager of the Emmes Bay Oaks Harbor I, LLC dba Bay Oaks Harbor Subdivision retail public utility ("Utility") pursuant to ch. 13 of the Tex. Water Code and the rules of the TNRCC, to address the abandonment of the Utility by Emmes Bay Oaks Harbor I, LLC dba Bay Oaks Harbor Subdivision; to ensure continued operation of the Utility; and to provide continuous and adequate service to customers. (Joshua M. Olszewski)
Continued to January 24, 2001
PUBLIC WATER SUPPLY ENFORCEMENT AGREED ORDERS
Item 4. Docket No. 1999-0953-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of West Tawakoni in Hunt County; TNRCC ID NO. 1160012; for public drinking water violations pursuant to ch. 341 of the Tex. Health & Safety Code and the rules of the Texas Natural Resource Conservation Commission. (Joshua M. Olszewski)
Issue agreed order, RH/JB. All Agree
Item 5. Docket No. 1998-1010-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of BRT Investment Corporation dba Yellow Rock MHP in Hays County; TNRCC ID No. 1050105; for public drinking water violations pursuant to ch. 341 of the Tex. Health & Safety Code and the rules of the Texas Natural Resource Conservation Commission. (Joshua Olszewski)
Remand to ED
Item 6. Docket No. 2000-0206-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Alamo in Hidalgo County; Public Water Supply No. 1080001; for drinking water quality violations pursuant to Tex. Health & Safety Code ch. 31 and the rules of the Texas Natural Resource Conservation Commission. (Brian Lehmkuhle, Joseph Daley)
Reposted as Item 55
Item 7. Docket No. 2000-0553-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Barten Water/Sewer Supply Corporation in Colorado County; Public Water Supply No. 0450022; for drinking water quality violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas Natural Resource Conservation Commission. (Brian Lehmkuhle, Sandy VanCleave)
Issue agreed order, RH/JB. All Agree
Item 8. Docket No. 2000-0654-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Brenda Shugart dba Country Food Store in Brazoria County; Public Water Supply No. 0200288; 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, Sandy VanCleave)
Issue agreed order, RH/JB. All Agree
Item 9. Docket No. 2000-0513-PWS-E. Consideration of an Agreed Order assessing administrative penalties against Marinas U.S.A., L.P. dba Lake Country Marina and Lake Country Restaurant in Tarrant County; Public Water Supply Nos. 2200276 and 2200339; for drinking water quality violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas Natural Resource Conservation Commission. (Jayme Brown, Sandy VanCleave)
Issue agreed order, RH/JB. All Agree
Item 10. Docket No. 2000-0653-PWS-E. Consideration of an Agreed Order assessing administrative penalties against North Loop 197, Inc. dba Red Oak II Chevron in Brazoria County; Public Water Supply No. 0200569; 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, Sandy VanCleave)
Issue agreed order, RH/JB. All Agree
Item 11. Docket No. 2000-1110-PWS-E. Consideration of an Agreed Order assessing administrative penalties against Scotts Marinas at Lake Grapevine, L.P. dba Twin Coves Marina in Denton County; Public Water Supply No. 0610231; for drinking water quality violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas Natural Resource Conservation Commission. (Jayme Brown, Sandy VanCleave)
Issue agreed order, RH/JB. All Agree
Item 12. Docket No. 2000-0683-PWS-E. Consideration of an Agreed Order against N. R. Management, Inc. dba Shell/Taco Bell in Harris County; Public Water Supply No. 1013026; 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, Sandy VanCleave)
Issue agreed order, RH/JB. All Agree
Item 13. Docket No. 2000-0459-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Copeville Water Supply Corporation in Collin County; Public Water Supply No. 0430029 and Certificate of Convenience and Necessity No. 11376; for drinking water quality violations pursuant to Tex. Water Code ch. 13 and the rules of the Texas Natural Resource Conservation Commission. (Joseph Daley, Sandy VanCleave)
Issue agreed order, RH/JB. All Agree
Item 14. Docket No. 2000-0792-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Mr. M. J. Wootan dba Deer Country Water System in Llano County; Public Water Supply No. 1500121; for drinking water quality violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas Natural Resource Conservation Commission. (Lawrence King, Sandy VanCleave)
Issue agreed order, RH/JB. All Agree
EDWARDS AQUIFER ENFORCEMENT AGREED ORDER
Item 15. Docket No. 2000-0472-EAQ-E. Consideration of an Agreed Order assessing administrative penalties against Exxon Mobil Corporation in Travis County; Edwards Aquifer Protection Program No. 96011301; for water quality violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Lawrence King, Sandy VanCleave)
Issue agreed order, JB/RM. All Agree
MULTI-MEDIA ENFORCEMENT AGREED ORDER
Item 16. Docket No. 2000-0159-MLM-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Groveton in Trinity County; Public Water Supply No. 2280001 and TPDES Permit No. 10556-001; for water quality and 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. (Jayme Brown, Sandy VanCleave)
Remand to ED
AIR ENFORCEMENT AGREED ORDERS
Item 17. Docket No. 1999-0613-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Allwaste Tank Cleaning, Inc. in Brazoria County; TNRCC ID No. BL-0046-V; for air quality violations pursuant to the Texas Clean Air Act, ch. 382 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 18. Docket No. 2000-0758-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Abraxas Petroleum Corporation in San Patricio County; Air Account Numbers SD-0083-G, SD-0048-I and SD-0072-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. (Audra Baumgartner, Suzanne Walrath)
Issue agreed order, RH/RM. All Agree
Item 19. Docket No. 2000-0604-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Equistar Chemicals, L.P. in Harris County; Air Account No. HG-0033-B; 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. (Miriam Hall, Suzanne Walrath)
Issue agreed order, RH/RM. All Agree
Item 20. Docket No. 2000-0360-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Excel Corporation in Parmer County; Air Account No. PD-0019-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. (Shawn A. Hess, Suzanne Walrath)
Remand to ED, RH/JB. All Agree
Item 21. Docket No. 2000-0781-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Four Collins Group Corporation dba Collins Bros. in Collin County; Air Account No. CP-0511-A; 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. (Wendy Cooper, Suzanne Walrath)
Issue agreed order, RH/RM. All Agree
Item 22. Docket No. 2000-0555-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Port Neches in Jefferson County; Air Account No. JE-0238-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. (Laura Clark, Suzanne Walrath)
Issue agreed order, RH/RM. All Agree
Item 23. Docket No. 2000-0557-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Rio Valley Grain, Inc. in Cameron County; Air Account No. CD-0360-J; 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 Burke, Suzanne Walrath)
Issue agreed order, RH/RM. All Agree
Item 24. Docket No. 2000-0859-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Mr. John Fincher dba Texas Car Center in Tarrant County; Air Account No. TA-2799-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. (Melinda Houlihan, Suzanne Walrath)
Issue agreed order, RH/RM. All Agree
Item 25. Docket No. 2000-0432-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Union Carbide Corporation in Galveston County; Air Account No. GB-0076-J; 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. (Miriam Hall, Suzanne Walrath)
Issue agreed order, RH/RM. All Agree
Item 26. Docket No. 2000-0523-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Acacia Natural Gas Corporation in Montgomery County; Air Account No. MQ-0021-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. (Sheila Smith, Suzanne Walrath)
Issue agreed order, RH/RM. All Agree
Item 27. Docket No. 2000-0562-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Union Pacific Resources in Robertson, Milam, and Fayette Counties; TNRCC Air Account Nos. RI-0149-J, RI-0156-M, RI-0148-L, RI-0153-S, RI-0155-O, RI-0151-W, RI-0154-Q, RI-0150-B, RI-0152-U, MM-0099-W, MM-0090-R, MM-0098-B, MM-0091-P, MM-0094-J, MM-0093-L, MM-0097-D, MM-0095-H, MM-0092-N, MM-0096-F, MM-0100-Q, FC-0178-G, LF-0062-T, FC-0182-P, FC-0183-N, LF-0066-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. (Rebecca Clausewitz, Sazanne Walrath)
Issue agreed order, RH/RM. All Agree
Item 28. Docket No. 2000-0785-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Vintage Petroleum, Inc. in Jackson County; Air Account No. JB-0054-E; 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. (Carol McGrath, Suzanne Walrath)
Issue agreed order, RH/RM. All Agree
Item 29. Docket No. 2000-0545-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Mr. Darrel Dannen dba Double D Motors in Dallas County; Air Account No. DB-3447-D; 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, Suzanne Walrath)
Issue agreed order, RH/RM. All Agree
INDUSTRIAL HAZARDOUS WASTE ENFORCEMENT AGREED ORDERS
Item 30. Docket No. 2000-0641-IHW-E. Consideration of an Agreed Order assessing administrative penalties against Northrop Grumman Corp. in Dallas County; Solid Waste Registration No. 31268; 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. (Wendy Cooper, Gilbert Angelle)
Issue agreed order, RH/RM. All Agree
Item 31. Docket No. 2000-0494-IHW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Equistar Chemicals, L.P. in Matagorda County; Solid Waste Registration Number 32390; 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. (Catherine Sherman, Gilbert Angelle)
Issue agreed order, RM/JB. All Agree
MUNICIPAL WASTE DISCHARGE ENFORCEMENT AGREED ORDERS
Item 32. Docket No. 1999-0952-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Rhome in Wise County; TNRCC ID No. 10701-001; for wastewater treatment violations pursuant to ch. 26 of the Tex. Water Code and the rules of the Texas Natural Resource Conservation Commission. (Rebecca N. Petty)
Issue agreed order, RM/RH. All Agree
Item 33. Docket No. 2000-0651-MWD-E. Consideraton of an Agreed Order assessing administrative penalties against Aldine Independent School District in Harris County; TPDES Permit No. 13609-001; for water quality violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Pamela Campbell, Sandy VanCleave)
Issue agreed order, RM/RH. All Agree
Item 34. Docket No. 1999-1517-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of City of Trenton in Fannin County; NPDES Permit No. TX0026794 and Water Quality Permit No. 0010704-001; 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, Terry Thompson)
Issue agreed order, RM/RH. All Agree
Item 35. Docket No. 2000-0525-MWD-E. Consideration of an Agreed Order assessing administrative penalties against David D. Moody and Bertha Dominguez dba Winfield's Restaurant & Motel in Bexar 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. (Malcolm A. Ferris, Sandy VanCleave)
Issue agreed order, RM/RH. All Agree
Item 36. Docket No. 2000-0421-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Anson in Jones County; Water Quality Permit No. WQ0010500-002; for water quality violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Kara Dudash, Sandy VanCleave)
Issue agreed order, RM/RH. All Agree
ON-SITE SEWAGE INSTALLER ENFORCEMENT AGREED ORDER
Item 37. Docket No. 1999-1239-OSI-E. Consideration of an Agreed Order assessing administrative penalties against Larry Williams in Orange County; TNRCC ID No. OS4949; for on-site sewage installer violations pursuant to ch. 366 of the Tex. Health & Safety Code and the rules of the Texas Natural Resource Conservation Commission. (Joshua M. Olszewski)
Issue agreed order, RH/JB. All Agree
PETROLEUM STORAGE TANK ENFORCEMENT AGREED ORDERS
Item 38. Docket No. 1998-1365-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Rubina Marwaha and Brijinder Nijjar dba Shop N Go in Harris County; TNRCC ID No. 0027223; for petroleum storage tank violations pursuant to chs. 7 and 26 of the Tex. Water Code, ch. 382 of the Tex. Health & Safety Code, and the rules of the Texas Natural Resource Conservation Commission. (Richard O'Connell)
Issue agreed order, RH/JB. All Agree
Item 39. Docket No. 1999-0531-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of KCCC Inc. dba King's Creek Golf Club in Kaufman County; TNRCC ID No. 0063011; for petroleum storage tank violations pursuant to ch. 26 of the Tex. Water Code and the rules of the Texas Natural Resource Conservation Commission. (Victor Simonds)
Issue agreed order, RH/JB. All Agree
Item 40. Docket No. 2000-0356-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Anadarko Development Company in Tom Green County; PST Facility ID Nos. 0954 and 27198; for petroleum storage tank violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Mark L. Newman, Gilbert Angelle)
Issue agreed order, RH/JB. All Agree
RULES
Item 41. Docket No. 2000-0932-RUL. Consideration for the adoption of the rules review and readoption of 30 TAC Chapter 7, Memoranda of Understanding.
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 proposal was published in the October 27, 2000 issue of the Texas Register (25 TexReg 10772) (Forrest Brooks) (Rule Log No. 1998-052-007-AD)
Approve adoption of rules review and readoption 30 TAC Chapter 7, RM/JB. All Agree
Item 42. Docket No. 2000-1052-RUL. Consideration for the adoption of the rules review and readoption of 30 TAC Chapter 122, Federal Operating Permits. This 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 proposal was published in the November 3, 2000 issue of the Texas Register (25 TexReg 11109). (Jill Burditt) (Rule Log No. 2000-036-122-AI)
Approve adoption of rules review and readoption of 30 TAC Chapter 122, RH/JB. All Agree
Item 43. Docket No. 2000-0907-RUL. Consideration for the adoption of the rules review and readoption of 30 TAC Chapter 293, Water Districts. This 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 proposal was published in the October 20, 2000 issue of the Texas Register (25 TexReg 10571). (Auburn Mitchell) (Rule Log No. 2000-019-293-WT)
Approve adoption of rules review and readoption of 30 TAC Chapter 293, JB/RM. All Agree
Item 44. Docket No. 2000-0906-RUL. Consideration for the adoption of the rules review and readoption of 30 TAC Chapter 329, Drilled and Mined Shafts. This 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 proposal was published in the October 20, 2000 issue of the Texas Register (25 TexReg 10572). (Auburn Mitchell) (Rule Log No. 2000-013-329-WT)
Approve adoption of rules review and readoption of 30 TAC Chapter 329, JB/RH. All Agree
Item 45. Docket No. 2000-1033-RUL. Consideration for the adoption of the rules review and readoption of 30 TAC Chapter 301, Levee Improvement Districts, District Plans of Reclamation, and Levees and Other Improvements. 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 November 3, 2000 issue of the Texas Register (25 TexReg 11110). (Auburn Mitchell) (Rule Log No. 2000-024-301-WT
Item continued to January 24, 2001
Item 46. Docket No. 2000-1430-AIR. Consideration for publication of, and hearing on, the following proposed new, amended, and repealed sections of 30 TAC Chapter 122, Federal Operating Permits; and corresponding revisions to the State Implementation Plan.
Amended Sections: 122.10 - General Definitions; 122.120 - Applicability; 122.130 - Initial Application Due Dates; 122.131 - Phased Permit Detail; 122.132 - Application and Required Information for Initial Permit Issuance, Reopening, Renewal, or General Operating Permits; 122.134 - Complete Application; 122.136 - Application Deficiencies; 122.139 - Application Review Schedule; 122.140 - Representations in Application; 122.142 - Permit Content Requirements; 122.143 - General Terms and Conditions; 122.145 - Reporting Terms and Conditions; 122.146 - Compliance Certification Terms and Conditions; 122.210 - General Requirements for Revisions; 122.211 - Administrative Permit Revisions; 122.212 - Applications for Administrative Permit Revisions, 122.213 - Procedures for Administrative Permit Revisions; 122.216 - Applications for Minor Permit Revisions; 122.217 - Procedures for Minor Permit Revisions; 122.221 - Procedures for Significant Permit Revisions; 122.231 - Permit Reopenings; 122.320 - Public Notice; 122.330 - Affected State Review; 122.340 - Notice and Comment Hearing; 122.350 - EPA Review; 122.360 - Public Petition; 122.608 - Procedures for Incorporating Periodic Monitoring Requirements; 122.706 - Applications for Compliance Assurance Monitoring; and 122.708 - Procedures for Incorporating Compliance Assurance Monitoring Requirements.
Repealed Sections: 122.215 - Minor Permit Revisions; and 122.219 - Significant Permit Revisions.
New Sections: 122.215 - Minor Permit Revisions; 122.218 - Minor Permit Revision Procedures for Permit Revisions Involving the Use of Economic Incentives, Marketable Permits, and Emissions Trading; 122.219 - Significant Permit Revisions; and 122.222, Operational Flexibility.
These proposed revisions to Chapter 122 address deficiencies, as identified by the United States Environmental Protection Agency (EPA), in the commission's Federal Operating Permit program required by the 1990 Federal Clean Air Act Amendment, Title V and 40 Code of Federal Regulations Part 70. The commission is required to submit to the EPA, by June 1, 2001, a revised program that addresses the deficiencies. (Beecher Cameron) (Rule Log No. 2000-043-122-AI)
Approve publication and hearing on proposed new, amended and repealed sections of 30 TAC Chapter 122, RM/RH. All Agree
Item 47. Docket No. 2000-1326-RUL. Consideration for publication of, and hearing on, proposed amended and new sections to 30 TAC Chapter 331, Underground Injection Control:
Amended:
Section 331.2 Definitions
Section 331.7 Permit Required
Section 331.9 Injection Authorized by Rule
Section 331.10 Inventory of Wells Authorized by Rule
Section 331.11 Classification of Injection Wells
Section 331.12 Conversion of Wells
Section 331.82 Construction Requirements
Section 331.131 Applicability
Section 331.132 Construction Standards
Section 331.133 Closure Standards
New:
Section 331.8 Prohibition of Motor Vehicle Waste Disposal Wells
Section 331.135 Construction Standards for Large Capacity Septic Systems
Section 331.136 Closure Standards for Motor Vehicle Waste Disposal Wells, Large Capacity Septic Systems, Large Capacity Cesspools, and Drywells
Section 331.137 Permits for Motor Vehicle Waste Disposal Wells
Section 331.138 Monitoring Requirements for Motor Vehicle Waste Disposal Wells
These proposed revisions to Chapter 331 implement new requirements recently promulated in federal rules to prevent injection of fluids that endangers underground sources of drinking water. (Melissa Estes) (Rule Log No. 2000-015-331-WT)
Approve publication and hearing on proposed amended and new sections to 30 TAC Chapter 331, RM/RH. All Agree
Item 48. Docket No. 2000-1431-RUL. Consideration for publication of, and hearing on, proposed amendments to 30 TAC Chapter 331, Underground Injection Control:
Subchapter G. Consideration Prior to Permit Issuance
Section 331.121, Class I Wells
Subchapter J. Standards for Class I Salt Cavern Solid Waste Disposal Wells
Section 331.161, Applicability
Section 331.163, Well Construction Standards
If approved, the proposed amendments would clarify the type of information needed to demonstrate a thorough geologic characterization of the salt dome. Currently, a three-dimensional seismic survey is required to image underneath all suspected overhangs and to delineate the edge of the salt stock. The proposed amendments will change this requirement to a more localized three-dimensional seismic survey over the proposed salt cavern disposal facility. The localized seismic survey is part of a demonstration to establish that the current performance standard of a minimum of 500 feet of salt surrounding the proposed salt cavern injection zone in all directions is maintained. (Melissa Estes/Kathryn Herzog) (Rule Log No. 2000-053-331-WT)
Remand to Executive Director
Item 49. Docket No. 2000-1429-RUL. Consideration for publication of, and hearing on, proposed amendments to 30 TAC Chapter 303, Operation of the Rio Grande:
Subchapter A. Introductory Provisions
Section 303.2, Definitions
Subchapter C. Allocation and Distribution of Waters
Section 303.21, Accounts--Amistad/Falcon Reservoirs
Section 303.22, Allocations to Accounts
Subchapter E. Amendments to and Sales of Water Rights
Section 303.41, Sale of Water Rights
Section 303.42, Amendments
If approved, the proposed rules would more accurately define two of the reaches in the Rio Grande, limit the conveyance of water rights until all fees are paid, prohibit the transfer of water rights from the Upper Rio Grande to the Lower or Middle Rio Grande below International Amistad Reservoir, and adjust the minimum operating reserve from 150,000 to 75,000 acre-feet. (Melissa Estes) (Rule Log No. 2000-041-303-WT)
Approve publication and hearing on proposed amendments to 30 TAC Chapter 303, RH/JB. All Agree
EXECUTIVE SESSION
Item 50. 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 51. 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 52. 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, January 10, 2001

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.
Bldg E. Room 201S
12100 Park 35 Circle

Item 53. Docket No 1999-1090-IWD. Consideration of an Order to Extend an Emergency Order. The Emergency Order was granted by the Executive Director, without a hearing, on July 10, 2000. The emergency order was granted under 5.501 and 5.509, Tex. Water Code, and 30 Tex. Administrative Code 35.301 - 35.303. The Emergency Order authorized the United States Department of Navy, Permit No. 02335 (TX0034321), to discharge variable amounts of contaminated groundwater to onsite evaporation, holding, and infiltration ponds. The Emergency Order was Affirmed on August 29, 2000. The extension would be for an additional 180 days. The plant is located in Coryell and McLennan Counties, Texas. (Kathy H. Brown, Chris Linendoll)
Approve order with changes, RM/JB. All Agree


SECOND ADDENDUM TO AGENDA

Wednesday, January 10, 2001

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.
Bldg E. Room 201S
12100 Park 35 Circle

Item 54. Docket No. 2000-1413-MWD. Consideration of an Authorization to Construct a Wastewater Treatment Plant under Tex. Water Code, Sections 26.019 and 26.027(c) by AquaSource Development Company. If granted by the Commission, this would allow AquaSource Development Company to construct a wastewater treatment plant in Hood County, Texas, before Commission consideration of its application for a wastewater permit. However, it would not authorize operation of the new treatment plant. (John E. Williams & Firoj Vahora)
Approve Authorization to Construct with corrections, RH/JB. All Agree


THIRD ADDENDUM TO AGENDA

Wednesday, January 10, 2001

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.
Bldg E. Room 201S
12100 Park 35 Circle

Item 55. Docket No. 2000-0206-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Alamo in Hidalgo County; Public Water Supply No. 1080001; for drinking water quality violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas Natural Resource Conservation Commission. (Brian Lehmkuhle, Joseph Daley)
Issue agreed order, RH/JB. All Agree


OLD BUSINESS AGENDA

Wednesday, January 10, 2001

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

1:00 p.m.
Bldg E. Room 201S
12100 Park 35 Circle

Item carried forward from agenda of September 7, 2000.
Item 1. 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 March 21, 2001


AGENDA

Wednesday, January 10, 2001

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

1:00 p.m.
Bldg E. Room 201S
12100 Park 35 Circle

Item 1. TNRCC Docket No. 1999-1473-PST-E; SOAH Docket No. 582-00-0853. Administrative Law Judge's Proposal for Decision and Order for alleged violations against Ashraf Ibrahim and Essra Corp. dba Que Paso Food Store for failure to maintain the required Stage II vapor recovery systems at the Que Paso facility in proper operating condition and to provide Que Paso's Stage II records for an inspector's review upon request; ensure that at least one facility representative had received training and instruction in the operation and maintenance of the Stage II system; and perform an annual pressure decay test on the Stage II system. The facility is located at 1705 Northwest 28th Street, Fort Worth, Tarrant County, Texas.
Adopt Administrative Law Judge's Proposal for Decision and Issue Order, and incorporate all three exceptions of the Executive Director and allow penalty to be paid in 12 monthly payments, RM/RH. All Agree
Item 2. TNRCC Docket No. 2000-0983-DIS; SOAH Docket No. 582-01-0297. Administrative Law Judge's Proposal for Decision and Order for a petition and resolution for annexation of the City of Frisco to the North Texas Municipal Water District. The District covers four counties north of Dallas, Texas.
Adopt Administrative Law Judge's Proposal for Decision and Order, and adopt resolution with changes, RH/JB. All Agree