AGENDA

Wednesday, April 4, 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, April 4, 2001

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

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

Item carried forward from agendas of February 21, 2001 and March 7, 2001.
Item 1. Docket No. 2001-0001-MWD. Consideration of permit application # 13465-001, submitted by WRE UTILITIES, INC. for a permit renewal (proposed TPDES Permit No. 13465-001), which authorizes the discharge of treated domestic wastewater with a daily average flow not to exceed 25,000 gallons per day. The wastewater treatment facility serves The Willow Ridge Estates Subdivision. The facility is located adjacent to and east of LaSalle Drive, approximately mile northwest of the intersection of LaSalle Drive and State Highway 105 in Montgomery County, Texas. The Commission will also consider hearing requests, related responses and replies, public comment and the Executive Director's Response to Comments. (Kathy Brown/Julian D. Centeno, Jr.)
Continued to April 18, 2001


HUSTON
MARQUEZ
BAKER

AGENDA

Wednesday, April 4, 2001

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

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

AGRICULTURAL ENFORCEMENT AGREED ORDER
Item 1. 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, Brian Lehmkuhle)
Issue agreed order, JB/RM. All Agree
AIR QUALITY ENFORCEMENT AGREED ORDERS
Item 2. Docket No. 2000-0733-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Antelope Oil Tool & Manufacturing Co. in Parker County; Air Account No. PC-0003-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. (Mike Meyer, John Mead)
Issue agreed order, JB/RH. All Agree
Item 3. Docket No. 2000-1004-AIR-E. Consideration of an Agreed Order assessing administrative penalties against EEX Corporation in Lavaca County; Air Account Number LE-0067-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. (Carol McGrath, John Mead)
Issue agreed order, JB/RH. All Agree
Item 4. Docket No. 2000-1005-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Florida Gas Transmission Company in Nueces and Calhoun Counties; Air Account Numbers NE-0222-V and CB-0051-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. (Carol McGrath, John Mead)
Remand to Executive Director
Item 5. Docket No. 1999-1561-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Mr. Dale McElyea and Mr. David McElyea dba M&M Contractors and Industrial Coatings in Gregg County; Air Account No. GJ-0265-N; 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, John Mead)
Issue agreed order, JB/RH. All Agree
Item 6. Docket No. 1999-1387-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Earl Scheib of Texas, Inc. in El Paso County; Air Account No. EE-1473-M; 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, John Mead)
Issue agreed order, JB/RH. All Agree
Item 7. Docket No. 1999-1270-AIR-E. Consideration of an Agreed Order assessing administrative penalties against P.D. Cars, Incorporated dba Pat Doran Car and Truck Sales in Dallas County; TNRCC ID No. DB-3957-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. (Dwight Martin)
Issue agreed order, JB/RH. All Agree
Item 8. Docket No. 2000-1040-AIR-E. Consideration of an Agreed Order assessing administrative penalties against CMS Taurus Field Services, L.P. in Fisher County; Air Account No. FD-0003-I; 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. (James Beauchamp, John Mead)
Remand to Executive Director
Item 9. Docket No. 2000-0679-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Alamo Cement Company in Bexar County; Air Account ID No. BG-0259-G; 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. (Terry Murphy, John Mead)
Issue agreed order, JB/RH. All Agree
Item 10. Docket No. 2000-1163-AIR-E. Consideration of an Agreed Order assessing administrative penalties against T-C Oil Company in Refugio County; Air Account No. RG-0053-W; 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, John Mead)
Issue agreed order, JB/RH. All Agree
Item 11. Docket No. 2000-0857-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Lamar Power Partners, LP in Lamar County; Air Account No. LA-0182-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. (Carolyn V. Lind, John Mead)
Issue agreed order, JB/RH. All Agree
Item 12. Docket No. 2000-0564-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Quality Carriers Incorporated (formerly Montgomery Tank Lines, Incorporated) in Harris County; Air Account No. HG-3723-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. (Carl Schnitz, John Mead)
Issue agreed order, JB/RH. All Agree
Item 13. Docket No. 2000-0975-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Holnam Texas Limited Partnership in Ellis County; Air Account No. ED-0099-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. (Jorge Ibarra, P.E., John Mead)
Issue agreed order, JB/RH. All Agree
Item 14. Docket No. 2000-0903-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Mr. Floyd Harrison dba Euless Auto Sales in Tarrant County; Air Account Number TA-2840-W; 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. (Bill Davis, John Mead)
Issue agreed order, JB/RH. All Agree
INDUSTRIAL HAZARDOUS WASTE ENFORCEMENT AGREED ORDERS
Item 15. Docket No. 2000-0925-IHW-E. Consideration of an Agreed Order assessing administrative penalties against Fina, Inc. in Jones County; TNRCC ID No. 33770 and EPA ID No. TXD000829226; 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. (James Beauchamp, Tom Greimel)
Issue agreed order, RM/JB. All Agree
Item 16. Docket No. 2000-0763-IHW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of First Chemical Texas, L.P. in Chambers County; Solid Waste Registration No. 85386; 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, Tom Greimel)
Issue agreed order, RM/JB. All Agree
INDUSTRIAL WASTE DISCHARGE ENFORCEMENT AGREED ORDER
Item 17. Docket No. 2000-0484-IWD-E. Consideration of an Agreed Order assessing administrative penalties against Halliburton Energy Services, Inc. in Harris County; Water Quality Permit No. WQ04018-000 and NPDES Permit No. TX0078638; for water quality violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Cheryl Thompson, Brian Lehmkuhle)
Issue agreed order, RM/RH. All Agree
MUNICIPAL SOLID WASTE ENFORCEMENT DEFAULT ORDER
Item 18. Docket No. 2000-0216-MSW-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Lynn McKee dba Texas Tire Transporter in Orange County; TNRCC ID No. NONE; for municipal solid waste violations pursuant to the Texas Solid Waste Disposal Act, ch. 26 of the Tex. Water Code, ch. 361 of the Tex. Health & Safety Code, and the rules of the Texas Natural Resource Conservation Commission. (Victor John Simonds)
Remand to Executive Director
MUNICIPAL WASTE DISCHARGE ENFORCEMENT AGREED ORDERS
Item 19. Docket No. 2000-0495-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Manvel in Brazoria County; TPDES Permit No. 13872-001; 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, Brian Lehmkuhle)
Issue agreed order, RM/RH. All Agree
Item 20. Docket No. 2000-0506-MWD-E. Consideration of an Agreed Order assessing administrative penalties against 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, Brian Lehmkuhle)
Issue agreed order, RM/RH. All Agree
Item 21. Docket No. 2000-0487-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of San Marcos in Hays County; Water Quality Permit No. None; for water quality violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Sandy VanCleave, Brian Lehmkuhle)
Issue agreed order, RM/RH. All Agree
Item 22. Docket No. 2000-0862-MWD-E. Consideration of an Agreed Order assessing administrative penalties against the City of Nacogdoches in Nacogdoches County; NPDES Permit No. TX0055123 and Water Quality Permit No. WQ10342-004; for water quality violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Terry Murphy, Brian Lehmkuhle)
Issue agreed order, RM/RH. All Agree
Item 23. Docket No. 2000-0403-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Sinton in San Patricio County; Water Quality Permit No. WQ13641-001 and NPDES Permit No. TX0110361; for water quality violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Erika Fair, Brian Lehmkuhle)
Issue agreed order, RM/RH. All Agree
Item 24. Docket No. 2000-0931-MWD-E. Consideration of an Agreed Order assessing administrative penalties against Peaster Independent School District in Parker County; Water Quality Permit No. 13589-001; for water quality violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Cheryl Thompson, Brian Lehmkuhle)
Issue agreed order, RM/RH. All Agree
ON SITE SEWAGE FACILITY INSTALLERS ENFORCEMENT AGREED ORDER
Item 25. Docket No. 2000-1062-OSI-E. Consideration of an Agreed Order assessing administrative penalties against Lonnie K. Pence in Guadalupe County; Installer Certification No. OS3452; 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. (Cheryl Thompson, Brian Lehmkuhle)
Issue agreed order, JB/RH. All Agree
PETROLEUM STORAGE TANK ENFORCEMENT DEFAULT ORDER
Item 26. Docket No. 2000-0140-PST-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Salim Merchant dba Neighbor Mini Mart in Bexar County; TNRCC ID No. 5938; for petroleum storage tank violations pursuant to ch. 26 of the Tex. Water Code, ch. 382 of the Tex. Health & Safety Code, and the rules of the Texas Natural Resource Conservation Commission. (Victor John Simonds)
Remand to Executive Director
PETROLEUM STORAGE TANK ENFORCEMENT AGREED ORDERS
Item 27. Docket No. 1998-1405-PST-E. Consideration of an Agreed Order assessing administrative penalties against Texas Sunnyland, Inc. in Brazoria County; TNRCC ID No. 54953; for petroleum storage tank violations pursuant to ch. 26 of the Tex. Water Code, ch. 382 of the Tex. Health & Safety Code, and the rules of the Texas Natural Resource Conservation Commission. (Victor John Simonds)
Issue agreed order, RH/RM. All Agree
Item 28. Docket No. 1999-1374-PST-E. Consideration of an Agreed Order assessing administrative penalties against W.D. Miller, Inc. in Liberty County; TNRCC ID No. 0024984; 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 John Simonds)
Issue agreed order, RH/RM. All Agree
PUBLIC WATER SYSTEM ENFORCEMENT AGREED ORDERS
Item 29. Docket No. 2000-0801-PWS-E. Consideration of an Agreed Order assessing administrative penalties against Adventure Camp, Inc. dba Y.O. Adventure Camp in Kerr County; Public Water Supply No. 1330116; 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, Brian Lehmkuhle)
Issue agreed order, RM/JB. All Agree
Item 30. Docket No. 2000-0976-PWS-E. Consideration of an Agreed Order assessing administrative penalties against Airline MHP LLC dba Airline Mobile Home Park, LTD. in Midland County; Public Water Supply ID No. 1650003; for drinking water quality violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas Natural Resource Conservation Commission. (Dan Landengerger, Brian Lehmkuhle)
Issue agreed order, RM/JB. All Agree
Item 31. Docket No. 2000-0808-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Rock Hill Water Supply Corporation in Panola County; Public Water Supply ID No. 1830014; 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, Brian Lehmkuhle)
Issue agreed order, RM/JB. All Agree
Item 32. Docket No. 2000-0789-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Mr. Alvin Kidd dba Greenwood Terrace Mobile Home Subdivision in Midland County; Public Water Supply ID No. 1650048; for drinking water quality violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas Natural Resource Conservation Commission. (Dan Landenberger, Brian Lehmkuhle)
Issue agreed order, RM/JB. All Agree
Item 33. Docket No. 2000-0721-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Mesa Grande Water Supply Corporation in Hood County; Public Water Supply No. 1110018; for drinking water quality violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas Natural Resource Conservation Commission. (Melinda Houlihan, Brian Lehmkuhle)
Issue agreed order, RM/JB. All Agree
Item 34. Docket No. 2000-1192-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of The Grove Water Supply Corporation in Coryell County; Public Water Supply ID No. 0500023; for drinking water quality violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas Natural Resource Conservation Commission. (James A. Jackson, Brian Lehmkuhle)
Issue agreed order, RM/JB. All Agree
Item 35. Docket No. 1998-1451-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Crockett County WCID No. 1 in Crockett County; Public Water Supply No. 0530011; for drinking water quality violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas Natural Resource Conservation Commission. (John Mead, Brian Lehmkuhle)
Issue agreed order, RM/JB. All Agree
DISTRICT MATTERS
Item 36. Docket No. 2000-1382-DIS. Consideration of a proposed Order approving the application initiated by the law firm of Winstead Sechrest & Minick representing the owners of a majority of the property located within the District (the Petitioners), for dissolution of Harris County Municipal Utility District No. 126 (the District). The Petitioners request the Commission dissolve the District pursuant to Tex. Water Code, Sections 49.321 to 49.327. (TNRCC Internal Control No.10092000-D01; Rob Cummins)
Approve Dissolution, RH/RM. All Agree
Item 37. Docket No. 2000-1383-DIS. Consideration of a proposed Order approving the application initiated by the law firm of Winstead Sechrest & Minick representing the owners of a majority of the property located within the District (the Petitioners), for dissolution of Harris County Municipal Utility District No. 265 (the District). The Petitioners request the Commission dissolve the District pursuant to Tex. Water Code, Sections 49.321 to 49.327. (TNRCC Internal Control No. 10092000-D03; Rob Cummins)
Approve Dissolution, RH/RM. All Agree
Item 38. Docket No. 2000-1384-DIS. Consideration of a proposed order approving the petition of the Texas Medical Association and Members of the Board of Directors of S. E. Thompson Municipal Utility District No. 1 of Kerr County (the Petitioners), for dissolution of S. E. Thompson Municipal Utility District No. 1 of Kerr County (the District). The Petitioners request the Commission dissolve the District pursuant to Tex. Water Code, Sections 49.321 to 49.327. (TNRCC Internal Control No. 05312000-D04; Rob Cummins)
Approve Dissolution, RH/RM. All Agree
MISCELLANEOUS AGENDA ITEM
Item 39. 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 ch. 575 to the Government Code, concerning acceptance of gifts by certain state agencies. (Elizabeth West)
Approve Resolution as proposed by staff, JB/RM. All Agree
WATER RIGHT
Item 40. Docket No. 2001-0230-WR (Formerly Docket No. 1995-0616-WR). Consideration of the City of Corpus Christi's proposal to amend the Texas Natural Resource Conservation Commission Agreed Order establishing operational procedures pertaining to Special Condition 5.B., Certificate of Adjudication No. 21-3214, held by the City of Corpus Christi, Nueces River Authority, and the City of Three Rivers. The City proposes to revise relief measures for targeted Nueces Bay inflows during times of prolonged drought and implement measures to facilitate the diversion of environmental flows into the Nueces Delta. (Bruce Moulton)
Approve amendment of Agreed Order, JB/RM. All Agree
RESOLUTIONS
Item 41. Docket No. 2001-0298-IRR-R. Consideration of a Resolution to Extend the Existence of the Irrigators Advisory Council and appointing David C. Coleman, William Norman Gossett, and Edmund G. Archuleta, P.E. to the council for terms to expire February 1, 2007.
Approve Staff Recommendation, RM/JB. All Agree
Item 42. Docket No. 2001-0299-WOC-R. Consideration of a Resolution for the Appointment and Reappointment of Members to the Advisory Committee for Water Utility Operator Certification.
Remand to Executive Director
RULES
Item 43. Docket No. 2000-1225-RUL. Consideration for the adoption of the rules review and readoption of 30 TAC Ch. 303, Operation of the Rio Grande. 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 December 29, 2000 issue of the Texas Register (25 TexReg 13011). (Jill Burditt) (Rule Log No. 2000-025-303-WT)
Approve adoption and readoption, RM/RH. All Agree
Item 44. Docket No. 2000-1204-RUL. Consideration for the adoption of the rules review and readoption of 30 TAC Ch. 304, Watermaster Operations. 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 January 19, 2001 issue of the Texas Register (26 TexReg 782). (Auburn Mitchell) (Rule Log No. 2000-026-304-WT)
Approve adoption and readoption, RH/JB. All Agree
Item 45. Docket No. 2001-0264-RUL. Consideration for publication of proposed amendments to 30 TAC Ch. 334, Underground and Aboveground Storage Tanks, Section 334.54, Temporary Removal From Service; Section 334.460, Renewal of Certificate of Registration for Corrective Action Project Manager; and Section 334.503, Reuse of Petroleum-Substance Waste. The proposed rulemaking would clarify petroleum storage tank rules adopted by the commission in November 2000 by correcting several errors. The corrections remove internal inconsistencies to eliminate confusion concerning the proper requirements under the rules. (Walter Ehresman/Anton Rozsypal/Michael Bame) (Rule Log No. 2001-010-334-WS)
Approve publication of proposed amendments, RH/JB. All Agree
Item 46. Docket No. 2001-0280-RUL. Consideration of a petition by Texas Terminal Operators, for rulemaking to revise 30 TAC Section 335.323, Generation Fee Assessment. If approved, the petition will result in amendments to include additional exemptions from the generation fee for certain types of waste streams. (Don Redmond/Kari Bourland/Michael Bame) (Rule Log No. 2001-014-PET-WS)
Continued to April 18, 2001
Item 47. Docket No. 2001-0087-RUL. Consideration for publication of, and hearing on, the following proposed amended, repealed, and new sections of 30 TAC Ch. 279, Water Quality Certification:
Amended:
Section 279.1 - General
Section 279.2 - Purpose and Policy
Section 279.3 - Definitions
Section 279.4 - Application for Certification
Section 279.5 - Notice of Application
Section 279.6 - Public Comments
Section 279.7 - Nonadjudicated Public Hearings
Section 279.8 - Notice of Nonadjudicated Public Hearing
Section 279.9 - Executive Director Review of Water Quality Certification Application
Section 279.10 - Final Commission Action on NPDES Permits
Section 279.11 - Final Commission Action on Department of the Army Permits
Section 279.12 - Other State Certification
Repealed:
Section 279.13 - Enforcement
New:
Section 279.13 - Enforcement
These proposed amendments to ch. 279 would revise waiver procedures for the Clean Water Act, Section 401 certification, amend enforcement provisions, and modify existing language to be consistent with other commission rules. (Melissa Estes/Mark Fisher) (Rule Log No. 2000-031-279-WT)
Continued to April 18, 2001
Item 48. Docket No. 2000-1429-RUL. Consideration for adoption of amendments to 30 TAC Ch. 303, Operation of the Rio Grande:
Subch. A Introductory Provisions
Section 303.2 - Definitions
Subch. C Allocation and Distribution of Waters
Section 303.21 - Accounts-Amistad/Falcon Reservoirs
Section 303.22 - Allocations to Accounts
Subch. E Amendments to and Sales of Water Rights
Section 303.41 - Sale of Water Rights
Section 303.42 - Amendments
If adopted, the rules will more accurately define two reaches in the Rio Grande, limit the conveyance of water rights until all fees are paid, require a conversion factor for 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. The proposed rules were published in the January 26, 2001 issue of the Texas Register (26 TexReg 920). (Melissa Estes/Pat Hooper) (Rule Log No. 2000-041-303-WT)
Approve Adoption, RM/RH. All Agree
Item 49. Docket No. 2000-1420-RUL. Consideration for the adoption of the rules review and readoption of 30 TAC Ch. 314, Toxic Pollutant Effluent Standards. 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 January 19, 2001 issue of the Texas Register (26 TexReg 783). (Kathy Ramirez) (Rule Log No. 2000-033-314-WT)
Approve Adoption and Readoption, RH/JB. All Agree
Item 50. Docket No. 2001-0223-RUL. Consideration for publication of proposed new 30 TAC Ch. 15, Fleet Vehicle Management, Section 15.1, Fleet Vehicle Management. This new ch. 15 implements the requirements of House Bill 3125, signed into law during the 76th Legislature, 1999. The bill amended Texas Government Code, Title 10, ch. 2171, by adding Section 2171.1045, Restrictions on Assignment of Vehicles. This section requires state agencies to adopt rules consistent with the fleet management plan developed by the State Council on Competitive Government. (Kathy Ramirez) (Rule Log No. 2001-004-015-AD)
Reposted as Item #55
EXECUTIVE SESSION
Item 51. 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 52. 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 53. 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
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, April 4, 2001

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

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

Item 54. Docket No. 2000-0592-RUL. Consideration for adoption of new 30 TAC Chapter 7, Section 7.124, Natural Resource Trustees Memorandum of Understanding (MOU).
The adopted 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)
Approve adoption of Memorandum of Understanding, RH/JB. All Agree


SECOND ADDENDUM TO AGENDA

Wednesday, April 4, 2001

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

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

Item 55. Docket No. 2001-0223-RUL. Consideration for publication of proposed new 30 TAC Chapter 15, Fleet Vehicle Management, Section 15.1, Fleet Vehicle Management. This new Chapter 15 implements the requirements of House Bill 3125, signed into law during the 76th Legislature, 1999. The bill amended Texas Government Code, Title 10, Chapter 2171, by adding Section 2171.1045, Restrictions on Assignment of Vehicles. This section requires state agencies to adopt rules consistent with the fleet management plan developed in accordance with Texas Government Code, Section 2171.104, Management Plan. (Kathy Ramirez) (Rule Log No. 2001-004-015-AD)
Approve publication of proposed New 30 TAC Chapter 15, RM/RH. All Agree


THIRD ADDENDUM TO AGENDA

Wednesday, April 4, 2001

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

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

Item 56. Consideration of possible action on two previously issued Commission orders, Docket No. 2001-0112-AGR issued on February 7, 2001, and Docket No. 1999-1444-AGR issued on November 29, 1999, concerning certain confined animal feeding operations (CAFOs) located in the watershed of Segment 1226 of the North Bosque River or Segment 1255 of the Upper North Bosque River, and discussion of the Executive Director's discretion under Chapter 321, Subchapter B. (EMA)
Approve order to revoke orders and action taken on August 13, 1999, JB/RH. All Agree


OLD BUSINESS AGENDA

Wednesday, April 4, 2001

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

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

Item carried forward from agenda of September 7, 2000 and March 21, 2001
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.
Remand to Executive Director, RH/JB. All Agree


AGENDA

Wednesday, April 4, 2001

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

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

Item 1. TNRCC Docket No. 1999-1197-PST-E; SOAH Docket No. 582-00-2098. Consideration of the Administrative Law Judge's Proposal for Decision and Order against Angelos Kavadas and Ioannis Daglas dba Katy Freeway Texaco, for alleged violations for failing to demonstrate financial responsibility, and failure to have their registration information current, and properly monitoring their underground storage tank (USTs) for releases. The facility is located in southeast Houston, Harris County, Texas.
Continued to May 9, 2001