AGENDA

Wednesday, November 7, 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


HUSTON
MARQUEZ
WHITE

AGENDA

Wednesday, November 7, 2001

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

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

HEARING REQUEST
Item 1. Docket No. 2001-1132-IWD. Consideration of an application by Holiday Beach WSC for Permit No. 04290 to authorize the discharge of reverse osmosis reject water from a water treatment plant at a daily average flow not to exceed 120,000 gallons. The facility is located on the west side of Interstate Highway 35, 0.5 miles southwest of the intersection of Interstate Highway 35 and Holiday Boulevard, and approximately 8.0 miles northeast of the City of Rockport, Aransas County, Texas. The effluent is discharged via a four inch pipe to a tidal ditch, then to Copano Bay, in Segment No. 2472 of the Bays and Estuaries. The Commission will also consider a hearing request, related responses and replies, public comment and the Executive Director's Response to Comments. (Kimberly Wilson, Robin Smith)
Remanded to Executive Director, RH/RM. All Agree
AIR QUALITY ENFORCEMENT AGREED ORDERS
Item 2. Docket No. 1999-0486-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Crown Central Petroleum Corporation in Harris County; TNRCC ID No. HG0175D; for air quality violations pursuant to the Tex. Clean Air Act, ch. 382 of the Tex. Health & Safety Code, ch. 7 of the Texas Water Code, and the rules of the Texas Natural Resource Conservation Commission. (Richard O'Connell)
Issue amended agreed order, RM/RH. All Agree
Item 3. Docket No. 2000-1208-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Hanover Compression, Inc. in Jim Hogg County; Air Account No. JF-0012-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. (Jaime Garza, Suzanne Walrath)
Issue agreed order, RM/RH. All Agree
Item 4. Docket No. 2001-0147-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Mobil Oil Corporation in Jefferson County; TNRCC Air Permit No. JE-0067-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. (Laura Clark, Suzanne Walrath)
Issue agreed order, RM/RH. All Agree
Item 5. Docket No. 2000-1184-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Tuboscope Vetco International L.P. in Grimes County; Air Account ID No. GK-0075-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. (James Jackson, Suzanne Walrath)
Issue agreed order, RM/RH. All Agree
Item 6. Docket No. 2001-0293-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Rio Grande Valley Sugar Growers, Inc. in Cameron County; Air Account No. HN-0083-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. (Jaime Garza, Suzanne Walrath)
Issue agreed order, RM/RH. All Agree
Item 7. Docket No. 2001-0173-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Phillips 66 Company, A Division of Phillips Petroleum Company in El Paso County; Air Account Nos. EE-1150-Q, EE-2095-P, and EE-2214-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. (Sheila Smith, Suzanne Walrath)
Issue agreed order, RM/RH. All Agree
EDWARDS AQUIFER ENFORCEMENT AGREED ORDER
Item 8. Docket No. 2001-0465-EAQ-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Western Rim Investors, LLC in Williamson County; Edwards Aquifer Protection Plan Nos. 00031402 and 01040502; for Edwards Aquifer Protection Program violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Robert Mikesh, Subhash Jain)
Issue agreed order, RH/RM. All Agree
INDUSTRIAL HAZARDOUS WASTE ENFORCEMENT AGREED ORDER
Item 9. Docket No. 2000-1073-IHW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Akzo Nobel Polymer Chemicals LLC in Harris County; Solid Waste Registration No. 30281; for industrial & hazardous waste violations pursuant to Tex. Health & Safety Code chs. 361, 370 and 382, Tex. Water Code ch. 7, and the rules of the Texas Natural Resource Conservation Commission. (Catherine Sherman, Susan Johnson)
Issue agreed order, RM/RH. All Agree
INDUSTRIAL WASTE DISCHARGE ENFORCEMENT AGREED ORDER
Item 10. Docket No. 2001-0386-IWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Minsa Corporation in Bailey County; Water Quality Permit No. 03032-000; for water quality violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Gary Shipp, Subhash Jain)
Issue agreed order, RH/RM. All Agree
MULTI-MEDIA ENFORCEMENT AGREED ORDERS
Item 11. Docket No. 2000-1318-MLM-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Premont in Jim Wells County; TNRCC Air Account Number JG-0089-W; for air quality and municipal solid waste violations pursuant to Tex. Health & Safety Code chs. 361 and 382, Tex. Water Code chs. 7 and 26, and the rules of the Texas Natural Resource Conservation Commission. (Carol McGrath, Suzanne Walrath)
Issue agreed order, RM/RH. All Agree
Item 12. Docket No. 2001-0251-MLM-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Petroleum Wholesale, Inc. in Guadalupe County; PST Facility ID No. 00929; for water quality and petroleum storage tank violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Malcolm A. Ferris, Suzanne Walrath)
Issue agreed order, RM/RH. All Agree
Item 13. Docket No. 2000-1302-MLM-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Baxter Oil Service, Inc. in Jefferson County; Used Oil Facility ID No. A85361; for used oil violations pursuant to Tex. Health & Safety Code ch. 361, Tex. Water Code ch. 7, and the rules of the Texas Natural Resource Conservation Commission. (J. Craig Fleming, Suzanne Walrath)
Issue agreed order, RM/RH. All Agree
MUNICIPAL SOLID WASTE ENFORCEMENT AGREED ORDERS
Item 14. Docket No. 2001-0042-MSW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Wise County Recycling, Inc. in Wise County; Unauthorized Site No. 455040124; for municipal solid waste 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. (Wendy Cooper, Susan Johnson)
Remanded to Executive Director
Item 15. Docket No. 2001-0460-MSW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Baxter Oil Service, Inc. dba Jones Oil Service in Harris County; Used Oil Registration No. A85204; for used oil violations pursuant to Tex. Health & Safety Code ch. 371, Tex. Water Code ch. 7, and the rules of the Texas Natural Resource Conservation Commission. (J. Craig Fleming, Susan Johnson)
Issue agreed order, RH/RM. All Agree
Item 16. Docket No. 2001-0431-MSW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Frank's Fuels, Inc. in Ector County; Used Oil Registration No. A85302; for used oil violations pursuant to Tex. Health & Safety Code ch. 371, Tex. Water Code ch. 7, and the rules of the Texas Natural Resource Conservation Commission. (Gloria Stanford, Susan Johnson)
Issue agreed order, RH/RM. All Agree
Item 17. Docket No. 2001-0466-MSW-E. Consideration of an Agreed Order assessing administrative penalties against Houston Marine Services, Inc. in Harris County; Registration No. A85458; for used oil violations pursuant to Tex. Health & Safety Code ch. 361, Tex. Water Code ch. 7, and the rules of the Texas Natural Resource Conservation Commission. (Merrilee Gerberding, Susan Johnson)
Issue agreed order, RH/RM. All Agree
MUNICIPAL WASTE DISCHARGE ENFORCEMENT AGREED ORDERS
Item 18. Docket No. 2000-1298-MWD-E. Consideration of an Agreed Order assessing administrative penalties against Fine Meadow Farm, Incorporated in Erath 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. (Jorge Ibarra, P.E., Subhash Jain)
Issue agreed order, RM/RH. All Agree
Item 19. Docket No. 1999-0591-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Elkhart in Anderson County; Water Quality Permit No. 10735-001; for water quality violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Laurie Eaves, Subhash Jain)
Issue agreed order, RM/RH. All Agree
Item 20. Docket No. 2000-1140-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Orbit Systems, Inc. in Brazoria County; TPDES Permit No. 12420-001; 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, Subhash Jain)
Issue agreed order, RM/RH. All Agree
Item 21. Docket No. 2000-1324-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Malone in Hill County; TPDES Permit No. 10514-001; for water quality violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Dan Landenberger, Subhash Jain)
Issue agreed order, RM/RH. All Agree
Item 22. Docket No. 2000-0687-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of De Leon in Comanche County; TPDES Permit No. 10078-001; 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, Subhash Jain)
Issue agreed order, RM/RH. All Agree
Item 23. Docket No. 2000-1354-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of S.I. Enterprises, LLC in Harris County; TPDES Permit No. 13316-001; for water quality violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Thomas E. Jecha, Subhash Jain)
Issue agreed order, RM/RH. All Agree
Item 24. Docket No. 2000-1422-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Boling Municipal Water District in Wharton County; TPDES Permit No. 10843-001; for water quality violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Merrilee Gerberding, Subhash Jain)
Issue agreed order, RM/RH. All Agree
Item 25. Docket No. 2000-1452-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Weinert in Haskell County; TPDES Permit No. 11018-001; for water quality violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Laurie Eaves, Subhash Jain)
Issue agreed order, RM/RH. All Agree
Item 26. Docket No. 2001-0416-MWD-E. Consideration of an Agreed Order assessing administrative penalties against Sherman Wire Company in Grayson County; TPDES Permit No. 03582-000; for water quality violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Judy Fox, Subhash Jain)
Issue agreed order, RM/RH. All Agree
Item 27. Docket No. 2001-0468-MWD-E. Consideration of an Agreed Order assessing administrative penalties against New Braunfels Utilities in Comal County; TPDES Permit No. 10232-002; for water quality violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Gilbert Angelle, Subhash Jain)
Issue agreed order, RM/RH. All Agree
ON-SITE SEWAGE INSTALLER ENFORCEMENT DEFAULT ORDER
Item 28. Docket No. 2000-0706-OSI-E. Consideration of a Default Order assessing administrative penalties against and requiring certain actions of Wate Faseler in Medina County; TNRCC ID No. None; for on-site sewage installer violations pursuant to ch. 366 of the Tex. Health & Safety Code, ch. 7 of the Tex. Water Code, and the rules of the Texas Natural Resource Conservation Commission. (David Speaker)
Reposted as Item #59
PETROLEUM STORAGE TANK ENFORCEMENT DEFAULT ORDER
Item 29. Docket No. 2000-0339-PST-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Carl Birdsong, Inc. dba Birdsong Freeway America in Jefferson County; TNRCC ID No. 0049072; for petroleum storage tank violations pursuant to ch. 382 of the Tex. Health and Safety Code, ch. 7 of the Tex. Water Code, and the rules of the Texas Natural Resource Conservation Commission. (David Speaker)
Issue default order , RH/RM. All Agree
PETROLEUM STORAGE TANK ENFORCEMENT AGREED ORDERS
Item 30. Docket No. 2001-0183-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Pagan-Lewis Motors, Inc. in Nueces County; PST Facility ID No. 16785; for petroleum storage tank violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Audra Baumgartner, Susan Johnson)
Issue agreed order, RM/RH. All Agree
Item 31. Docket No. 2001-0674-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Safrin Inc. dba Sunrise Super Stop in Harris County; PST Facility ID No. 0044856; for petroleum storage tank violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Rebecca Johnson, Susan Johnson)
Issue agreed order, RM/RH. All Agree
Item 32. Docket No. 1999-0267-PST-E. Consideration of an Agreed Order assessing administrative penalties against Kenneth Sanders dba Jerry's Kwik Change in Lubbock County; TNRCC ID No. 15240; for petroleum storage tank violations pursuant to chs. 7 and 26 of the Tex. Water Code and the rules of the Texas Natural Resource Conservation Commission. (Robert Hernandez)
Issue agreed order, RM/RH. All Agree
Item 33. Docket No. 2001-0227-PST-E. Consideration of an Agreed Order assessing administrative penalties against Angel Brothers Enterprises, Ltd. dba Angel's Gas & Grocery #11 in Galveston County; PST Facility ID No. 0068267; 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. (Faye Liu, Susan Johnson)
Issue agreed order, RM/RH. All Agree
Item 34. Docket No. 2001-0274-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Diamond Shamrock Refining and Marketing Company in Harris County; PST Facility ID No. 0005481; 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. (Kevin Keyser, Susan Johnson)
Issue agreed order, RM/RH. All Agree
PUBLIC WATER SUPPLY ENFORCEMENT AGREED ORDERS
Item 35. Docket No. 2001-0190-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. Water Code ch. 13 and the rules of the Texas Natural Resource Conservation Commission. (Dan Landenberger, Subhash Jain)
Issue agreed order, RH/KW. All Agree
Item 36. Docket No. 2001-0597-PWS-E. Consideration of an Agreed Order assessing administrative penalties against Mr. Richard Keenan dba K & B Waterworks in Galveston County; Public Water Supply No. 0840187 and Certificate of Convenience and Necessity No. 12084; for drinking water quality violations pursuant to Tex. Water Code ch. 13 and the rules of the Texas Natural Resource Conservation Commission. (David Van Soest, Subhash Jain)
Issue agreed order, RH/KW. All Agree
Item 37. Docket No. 2001-0079-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of United States Postal Service-Spring in Harris County; Public Water Supply ID No. 1012405; for drinking water quality violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas Natural Resource Conservation Commission. (Chris Friesenhahn, Subhash Jain)
Issue agreed order, RH/KW. All Agree
Item 38. Docket No. 2000-1346-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of MEN Water Supply Corporation in Navarro County; Public Water Supply No. 1750015; for drinking water quality violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas Natural Resource Conservation Commission. (Wendy Cooper, Subhash Jain)
Issue agreed order, RH/KW. All Agree
Item 39. Docket No. 2001-0036-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Boyd Living Trust in Denton County; Public Water Supply 0610051; for drinking water quality violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas Natural Resource Conservation Commission. (Wendy Cooper, Subhash Jain)
Remanded to ED, RH/RM. All Agree
Item 40. Docket No. 2000-1380-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Sand Flat Water Supply Corporation in Smith County; Public Water Supply ID No. 2120020; for drinking water quality violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas Natural Resource Conservation Commission. (Elnora Moses, Subhash Jain)
Issue agreed order, RH/KW. All Agree
Item 41. Docket No. 2001-0136-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Conny Whitehorn dba Frio Water, Inc. in Deaf Smith County; Public Water Supply No. 0590010 and Certificate of Convenience and Necessity No. 12327; 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. (Subhash Jain)
Issue agreed order, RH/KW. All Agree
Item 42. Docket No. 2001-0582-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Edna Derrick dba Cougar Water Supply in Jasper County; Certificate of Convenience and Necessity No. 12694 and Public Water System No. 1210019; 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. (Thomas Greimel, Subhash Jain)
Issue agreed order, RH/KW. All Agree
Item 43. Docket No. 2001-0078-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Texas Water Services, Incorporated in Hays County; Public Water Supply No. 1050028; 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. (Lawrence King, Subhash Jain)
Issue agreed order, RH/KW. All Agree
Item 44. Docket No. 2001-0567-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Hollis Rogers dba Rough Canyon Marina in Val Verde County; Certificate of Convenience and Necessity No. 12804 and Public Water Supply No. 2330020; for drinking water quality violations pursuant to Tex. Water Code ch. 13 and the rules of the Texas Natural Resource Conservation Commission. (Tim Haase, Subhash Jain)
Issue agreed order, RH/KW. All Agree
Item 45. Docket No. 2001-0320-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Louisiana Pacific Corporation in Newton County; Public Water Supply No. 1760021; 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)
Issue agreed order, RH/KW. All Agree
WATER RIGHTS ENFORCEMENT AGREED ORDER
Item 46. Docket No. 2001-0316-WR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Twin Lakes Golf Course, Inc. and A. M. & D. Tree Farm, Inc. in Van Zandt County; TNRCC ID No. None; for water rights violations pursuant to Tex. Water Code ch. 11 and the rules of the Texas Natural Resource Conservation Commission. (Elnora Moses, Subhash Jain)
Issue agreed order, RH/RM. All Agree
DISTRICT MATTER
Item 47. Docket No. 2001-1220-DIS. Consideration of an application by Montgomery County Municipal Utility District No. 15 for approval to levy a standby fee. The District's application requests approval to levy a uniform operations and maintenance standby fee of $492 per equivalent single family connection (ESFC) or $1,794 per acre, and for debt service of $731 per ESFC or $2,666 per acre for calendar years 2002 thru 2003, on unimproved property within the District. The Commission will also consider hearing requests and related responses and replies. (TNRCC Internal Control No. 05312000-D01 John Deering/Robert Cummins)
Submitted in Error, Remanded to ED
AUTHORIZATIONS TO CONSTRUCT
Item 48. Docket No. 2001-1231-MWD. Consideration of the application of Individual Care of Texas, Inc. for an Authorization to Construct a wastewater treatment facility in Hunt County, Texas. Granting this application would not constitute permit issuance and would not authorize operation of the plant. (Julian Centeno, Jacquelyn Boutwell)
Remanded to ED
Item 49. Docket No. 2001-1309-MWD. Consideration of the application of West Harris County MUD No. 15 for an Authorization to Construct a wastewater treatment facility in Harris County, Texas. Granting this application would not constitute permit issuance and would not authorize operation of the plant. (Zdenek Matl, Jacquelyn Boutwell)
Remanded to ED
EMERGENCY ORDER
Item 50. Docket No. 2001-0538-WQ. Consideration of an Order to Extend an Emergency Order. The Emergency Order was signed by the Executive Director on May 8, 2001, and was affirmed by the Commission on June 12, 2001. The Emergency Order was granted under 5.501 and 5.509, Texas Water Code, and 30 Texas Administrative Code 35.301 - 35.303. The Emergency Order authorizes the United States Department of Navy, Permit No. 02335 (TX 0034321), to discharge variable volumes of treated groundwater from the Naval Weapons Industrial Reserve Plant McGregor. The plant is located in Coryell and McLennan Counties, Texas. (Kathy H. Brown, Chris Linendoll)
Approve extension to Emergency Order with errata sheet as submitted, RM/RH. Commissioner White abstains from voting.
RULE MATTERS
Item 51. Docket No. 2001-0877-RUL. Consideration for adoption of new 30 TAC Chapter 9, Training for Commissioners, consisting of the following new sections:
Section 9.1 - Purpose
Section 9.2 - Need for Training
Section 9.3 - Scope of Training
Section 9.4 - Certificate of Completion of Training
Section 9.5 - Reimbursement
If adopted, the new Chapter 9 will implement requirements of House Bill (HB) 2912, 77th Legislature, 2001. Article 1 of HB 2912 amended Chapter 5 of the Tex. Water Code by adding Section 5.0535, Required Training Program for Commission Members. This new section prohibits a person who is appointed to and qualifies for office as a member of the commission from voting, deliberating, or being counted as a member in attendance at a meeting of the commission until the person completes a training program that complies with this new section. The proposed rules were published in the September 7, 2001 issue of the Texas Register (26 TexReg 6839). (Debra Barber/Hector Mendieta) (Rule Log No. 2001-067-009-AD)
Approve adoption, RH/RM. All Agree
Item 52. Docket No. 2001-1282-RUL. Consideration for publication of, and hearings on, 30 TAC Chapter 117, Control of Air Pollution From Nitrogen Compounds, proposed new Section 117.571, Use of Emissions Reductions Generated From the Texas Emissions Reductions Plan (TERP), and corresponding revisions to the state implementation plan (SIP).
The proposed revision to Chapter 117 would allow substitution of reductions of nitrogen oxide emissions under the TERP for those otherwise required in the Dallas/Fort Worth and Houston/Galveston nonattainment areas. (Joe Thomas/Beecher Cameron) (Rule Log No. 2001-025d-117-AI)
Approve publication and hearing with changes, RH/RM. All Agree
Item 53. Docket No. 2001-1234-RUL. Consideration for publication of the following proposed amended and repealed sections of 30 TAC Chapter 281, Applications Processing; and 30 TAC Chapter 289, Weather Modification:
Amended:
Section 281.2
Repealed:
Section 281.7
Repealed:
Sections 289.1, 289.11 - 289.22, 289.31, 389.32, 289.41 - 289.44, 289.51 - 289.53, 289.61, and 289.62.
Senate Bill 1175, 77th Legislature, 2001, transferred the weather modification licensing and permitting program from the Texas Natural Resource Conservation Commission to the Texas Department of Licensing and Regulation. The Texas Department of Licensing and Regulation is required to adopt rules no later than December 31, 2001. This rulemaking is to amend and repeal existing rules as soon as possible after new rules are adopted by the Texas Department of Licensing and Regulation. (Debra Barber/Bill Billingsley) (Rule Log No. 2001-062-289-WT)
Reposted as Item #58
Item 54. Docket No. 2001-1281-RUL. Consideration for publication of, and hearings on, the following proposed new and amended sections of 30 TAC Chapter 101, General Air Quality Rules, and corresponding revisions to the state implementation plan (SIP).
Amended Sections:
101.302 - General Provisions;
101.372 - General Provisions;
New Sections:
101.338 - Emission Reductions Achieved Outside the United States;
101.357 - Use of Emissions Reductions Generated From the Texas Emissions Reduction Plan (TERP)
The proposed addition of Section 101.357 would apply in the Houston/Galveston nonattainment (NA) area to allow substitution of nitrogen oxides (NOx) emissions reductions accomplished under the TERP for those otherwise required under the rules of the commission and the SIP; the other proposed revisions to Sections 101.302, 101.338, and 101.372 would allow substitution of emission reductions of criteria pollutants accomplished outside the United States for reductions in such pollutants within Texas if the executive director and the United States Environmental Protection Agency determine that the substitution is of greater benefit to the area. (Joe Thomas/Beecher Cameron) (Rule Log No. 2001-063-101-AI)
Approve publication and hearing with changes, RH/RM. All Agree
EXECUTIVE SESSION
Item 55. 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 56. 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 57. 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, November 7, 2001

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

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

Item 58. Docket No. 2001-1234-RUL. Consideration for publication of the following proposed amended and repealed sections of 30 TAC Chapter 281, Applications Processing; and 30 TAC Chapter 289, Weather Modification:
Amended:
Section 281.2
Repealed:
Section 281.7
Repealed:
Sections 289.1, 289.11 - 289.22, 289.31, 389.32, 289.41 - 289.44, 289.51 - 289.53, 289.61, and 289.62.
Senate Bill 1175, 77th Legislature, 2001, transferred all powers, duties, obligations, rights, records, employees, and property that are used to administer the weather modification licensing and permitting program from the Texas Natural Resource Conservation Commission to the Texas Department of Licensing and Regulation (TDLR), and all powers, duties, obligations, rights, contracts, records, property, and unspent and unobligated appropriations and other funds used to administer the weather modification grant program to the Texas Department of Agriculture (TDA). The TDLR is required to adopt rules no later than December 31, 2001. This rulemaking is to amend and repeal existing rules as soon as possible after new rules are adopted by the TDLR. (Debra Barber/Bill Billingsley) (Rule Log No. 2001-062-289-WT)
Approve publication, RH/KW. All Agree


SECOND ADDENDUM TO AGENDA

Wednesday, November 7, 2001

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

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

Item 59. Docket No. 2000-0706-OSI-E. Consideration of a Default Order assessing administrative penalties against and requiring certain actions of Wate Faseler in Medina and Atascosa Counties; TNRCC ID No. None; for on-site sewage installer violations pursuant to ch. 366 of the Tex. Health & Safety Code, ch. 7 of the Tex. Water Code, and the rules of the Texas Natural Resource Conservation Commission. (David Speaker)
Issue default order, RM/RH. All Agree


AGENDA

Wednesday, November 7, 2001

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

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

Item 1. TNRCC Docket No. 1998-1254-MSW; SOAH Docket No. 582-98-1808. Consideration of the Administrative Law Judge's Proposal for Decision and Proposed Order concerning the application by BFI Waste Systems of North America, Inc for an amendment to Permit No. 1948-A, a Type I facility. This facility is located in Hidalgo County, Texas.
Adopt Administrative Law Judge's Proposal for Decision as modified and Issue Order with changes as recommended, RH/RM. Commissioner White abstains from vote.
Item 2. TNRCC Docket No. 1999-0034-PWS-E; SOAH Docket No. 582-01-0474. Consideration of the Administrative Law Judge's Proposal for Decision and Proposed Order regarding an Enforcement Action against Cypress Creek Water Supply Corporation, for fifteen alleged violations of the Commission's rules at its facility located on Farm to Market Road 256, in Woodville, Tyler County, Texas.
Remand to SOAH, RH/RM. All agree


ADDENDUM TO AGENDA

Wednesday, November 7, 2001

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

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

Item 3. Docket No. 2001-0017-AIR-E. Consideration of Motion for Reconsideration/Motion for Rehearing filed by Kelley Environmental Engineering, Inc., on behalf of Blue Dolphin Energy Company concerning the Commission's approval of an agreed order assessing administrative penalties against Blue Dolphin Energy Company for air quality violations at its plant in Brazoria County pursuant to Tex. Health & Safety Code ch. 382, Tex. Water Code ch. 7, and the rules of the Texas Natural Resource Conservation Commission.
Deny Motion for Reconsideration, RH/KW. Commissioner Marquez absent for this item.