AGENDA

Tuesday, November 20, 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

Tuesday, November 20, 2001

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

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

Item carried forward from Agenda of September 12, 2001 and October 10, 2001.
Item 1. Docket No. 2001-0924-IWD. Consideration of an order to Affirm, Modify, or Set Aside an Emergency Order. The Emergency Order was granted by the Executive Director without a hearing on July 24, 2001. The Emergency Order was granted under 5.501 and 5.509, Tex. Water Code and 30 Texas Administrative Code 35.301 - 35.303. The Emergency Order authorized the Diamond Shamrock Refining Company to treat and dispose of sanitary sewage and oil contaminated fire suppression water via irrigation within the watershed of Segment No. 2106 of the Nueces River Basin from a petroleum refinery located at 301 Leroy Street in the City of Three Rivers, Live Oak County, to an adjacent irrigation site. (Anthony Tatu, Michael Sunderlin)
Remanded to Executive Director


AGENDA

Tuesday, November 20, 2001

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

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

HEARING REQUEST
Item 1. Docket No. 2001-1148-AIR. Consideration of the application by Lauren Concrete, Inc. for issuance of Air Quality Permit, Standard Permit Registration, No. 45893, to authorize the construction of a concrete batch plant. The facility is proposed to be located at the intersection of FM 150 and County Road 134, Kyle, Hays County. The Commission will also consider requests for hearing or reconsideration, related responses and replies, public comment, and the Executive Director's Response to Comments. (Richard Wheeler/Arnoldo J. Medina)
Deny hearing request based on not meeting the 440 yards requirement and grant permit and adopt Executive Director's Response to Comments, RM/RH. All Agree
Item 2. Docket No. 2001-1214-MWD. Consideration of permit application no. 10584-001, submitted by Memorial Villages Water Authority for a permit renewal (proposed TPDES Permit No. 10584-001), which authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 3,050,000 gallons per day. The wastewater treatment facility serves the Memorial Villages Water Authority. The facility is located approximately 1500 feet south by southwest of the San Felipe Drive Bridge where it crosses Buffalo Bayou and approximately 1500 feet south by southeast of the intersection of San Felipe Drive and Farnham Park and east of the terminus of Farnham Park in Harris County, Texas. The Commission will also consider hearing requests, related responses and replies, public comment and the Executive Director's Response to Comments. (Michael W. Hughes/Jon Foulds)
Grant hearing requests of Jean Durdin Dennis McCarthy, Preetish and Shirin Nijhawan, Dr. Paul Radelat, Teri Thompson, Douglas Thompson, Young Kim and Farham Park Committee and deny all other requests, remand to Alternative Dispute Resolution for 4 to 6 weeks, and if mediation fails forward to the State Office Administrative Hearings on the issues of whether odor from the facility or effluent will create a nuisance, whether the applicant is capable of, and willing, to comply with its permit, in light of the compliance history of the facility, and duration of hearing be 4 months from preliminary hearing to PFD issuance. RH/RM. All Agree
INDUSTRIAL HAZARDOUS WASTE ENFORCEMENT AGREED ORDERS
Item 3. Docket No. 2000-1021-IHW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Apollo Technology Corporation in Kendall County; TNRCC ID No. F0569; for industrial and hazardous waste violations pursuant to Tex. Solid Waste Disposal Act, ch. 361 of Tex. Health & Safety Code, chs. 7 and 26 of Tex. Water Code, and the rules of the Texas Natural Resource Conservation Commission. (David Speaker)
Issue agreed order, RH/RM. All Agree
Item 4. Docket No. 2001-0321-IHW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of R.R. Ramsower, Inc. in Brazoria County; Industrial Solid Waste Registration No. None; for industrial & hazardous 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. (Kevin Keyser, Bill Davis)
Issue agreed order, RH/RM. All Agree
Item 5. Docket No. 2001-0435-IHW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Dixie Chemical Company, Inc. in Harris County; Solid Waste Registration No. 30314; for industrial & hazardous 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. (Catherine Sherman, Bill Davis)
Remanded to Executive Director
Item 6. Docket No. 2001-0579-IHW-E. Consideration of an Agreed Order assessing administrative penalties against Tom's Food, Inc. in Navarro County; Solid Waste Registration No. 31141; 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. (Carl Schnitz, Bill Davis)
Issue agreed order, RH/RM. All Agree
IRRIGATORS ENFORCEMENT AGREED ORDER
Item 7. Docket No. 2001-0260-IRR-E. Consideration of an Agreed Order assessing administrative penalties against Andrew M. Garner dba Tech Master in Harris County; Unlicensed Irrigator; for landscape violations pursuant to Tex. Water Code chs. 7 and 34 and the rules of the Texas Natural Resource Conservation Commission. (Laurie Eaves, Subhash Jain)
Issue agreed order, RM/RH. All Agree
INDUSTRIAL WASTE DISCHARGE ENFORCEMENT AGREED ORDER
Item 8. Docket No. 2000-1076-IWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Ameri-Forge Corporation in Harris County; TPDES Permit No. 03767; 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, Subhash Jain)
Issue agreed order, RH/RM. All Agree
MULTI-MEDIA ENFORCEMENT AGREED ORDER
Item 9. Docket No. 2000-0252-MLM-E. Consideration of an Agreed Order assessing administrative penalties against Markline Properties, Inc. in Comal County; TNRCC ID No. 90.00 and 144.00; for water quality violations pursuant to chs. 7 and 26 of the Tex. Water Code and the rules of the Texas Natural Resource Conservation Commission. (David Speaker)
Issue agreed order, RM/RH. All Agree
MUNICIPAL SOLID WASTE ENFORCEMENT AGREED ORDERS
Item 10. Docket No. 2001-0640-MSW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Abilene Roadway Construction Company, Inc. in Taylor County; Air Account No. TB-0305-G and MSW Unauthorized Site No. 455030069; 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. (Carolyn Easley, Bill Davis)
Issue agreed order, RM/KHW. All Agree
Item 11. Docket No. 2001-0620-MSW-E. Consideration of an Agreed Order assessing administrative penalties against Robert Staton dba Allied Recycling Services in Guadalupe County; Used Oil Handler Registration No. A85545; for municipal solid waste violations pursuant to Tex. Health & Safety Code ch. 361, Tex. Water Code ch. 7, and the rules of the Texas Natural Resource Conservation Commission. (Tel Croston, Bill Davis)
Issue agreed order, RM/KHW. All Agree
Item 12. Docket No. 2000-0724-MSW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of IESI TX Landfill, L.P. in Wichita County; MSW Permit No. 1571A and Air Account No. WH-0181-V; for air quality and municipal solid waste violations pursuant to Tex. Health & Safety Code chs. 361 and 382, Tex. Water Code ch. 7, and the rules of the Texas Natural Resource Conservation Commission. (George Ortiz, Bill Davis)
Issue agreed order, RM/KHW. All Agree
MUNICIPAL WASTE DISCHARGE ENFORCEMENT AGREED ORDERS
Item 13. Docket No. 2001-0029-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of D & K Development Corporation in Tarrant County; TPDES Permit No. 13518-001; 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 14. Docket No. 2001-0043-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Honey Grove in Fannin County; Water Quality Permit No. 10710-001; 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 15. Docket No. 2001-0128-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the Town of Ponder in Denton County; Water Quality Permit No. 11287-001; for water quality violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Wendy Cooper, Subhash Jain)
Issue agreed order, RM/RH. All Agree
Item 16. Docket No. 2001-0273-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of San Antonio Water System in Bexar County; TPDES Permit No. 10137-033; for water quality violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Steven Lopez, Subhash Jain)
Issue agreed order, RM/RH. All Agree
Item 17. Docket No. 2001-0372-MWD-E. Consideration of an Agreed Order assessing administrative penalties against Uvalde Housing Development Corporation dba Granada Apartments, Ltd. in Uvalde County; TNRCC ID 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. (Malcolm A. Ferris, Subhash Jain)
Issue agreed order, RM/RH. All Agree
Item 18. Docket No. 2001-0129-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Waelder in Gonzales County; TPDES Permit No. 0010327-001 (Expired); for water quality violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Gary L. McDonald, Subhash Jain)
Issue agreed order, RM/RH. All Agree
Item 19. Docket No. 2001-0250-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Mr. Willie Nelson dba Pedernales Country Club in Travis County; Expired Water Quality Permit No. WQ0010992-002; for water quality violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Mark Newman, Subhash Jain)
Issue agreed order, RM/RH. All Agree
PETROLEUM STORAGE TANK ENFORCEMENT AGREED ORDERS
Item 20. Docket No. 2001-0212-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Mr. Mohammad H. Abdullah and Mr. Santos Duarte dba Car Care Garage in Harris County; PST Facility ID No. 0028060; for petroleum storage tank violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Trina Lewison, Bill Davis)
Remanded to Executive Director
Item 21. Docket No. 2001-0765-PST-E. Consideration of an Agreed Order assessing administrative penalties against PNI Distribution Inc. in Dallas County; PST ID No. None; for petroleum storage tank violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (A. Sunday Udoetok, Bill Davis)
Issue agreed order, RH/RM. All Agree
Item 22. Docket No. 2001-0641-PST-E. Consideration of an Agreed Order assessing administrative penalties against Evans Systems, Inc. in Galveston County; PST Facility ID No. 33625; 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. (Bill Davis)
Issue agreed order, RH/RM. All Agree
Item 23. Docket No. 2001-0712-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Snyder in Scurry County; PST Facility ID No. 10734; for petroleum storage tank 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. (Carolyn Easley, Bill Davis)
Issue agreed order, RH/RM. All Agree
Item 24. Docket No. 2001-0531-PST-E. Consideration of an Agreed Order assessing administrative penalties against Brandenburg Products, Inc. dba Garage Radillo in Dallas County; PST Facility ID No. 0031566; for petroleum storage tank violations pursuant to Tex. Health & Safety Code ch. 382, Tex. Water Code chs. 7 and 26, and the rules of the Texas Natural Resource Conservation Commission. (Gloria Stanford, Bill Davis)
Issue agreed order, RH/RM. All Agree
Item 25. Docket No. 2001-0398-PST-E. Consideration of an Agreed Order assessing administrative penalties against Alapsara Inc. dba Almeda Food Mart in Harris County; PST Facility ID No. 0029239; 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, Bill Davis)
Issue agreed order, RH/RM. All Agree
Item 26. Docket No. 2001-0394-PST-E. Consideration of an Agreed Order assessing administrative penalties against Rainbow Oils of San Angelo, Inc. in Tom Green County; PST Facility ID No. 27447; 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 Newman, Bill Davis)
Issue agreed order, RH/RM. All Agree
Item 27. Docket No. 2001-0402-PST-E. Consideration of an Agreed Order assessing administrative penalties against Humphrey Company, LTD. in Harris County; PST Facility ID No. 0054996; 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, Bill Davis)
Issue agreed order, RH/RM. All Agree
Item 28. Docket No. 2000-1032-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Ms. Upinder K. Singh dba One Stop & Go in Tarrant County; PST Facility ID No. 0044668; for petroleum storage tank violations pursuant to Tex. Health & Safety Code ch. 382, Tex. Water Code chs. 7 and 26, and the rules of the Texas Natural Resource Conservation Commission. (Judy Fox, Bill Davis)
Remanded to Executive Director, RH/RM. All Agree
PUBLIC WATER SUPPLY ENFORCEMENT AGREED ORDERS
Item 29. Docket No. 2001-0186-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Azle in Tarrant County; Public Water Supply No. 2200002; for drinking water quality violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas Natural Resource Conservation Commission. (Judy Fox, Subhash Jain)
Issue agreed order, RH/RM. All Agree
Item 30. Docket No. 2001-0643-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Thompson Heights Development Co. in Grayson County; Public Water Supply ID No. 0910085 and CCN No. 10934; for drinking water quality violations pursuant to Tex. Water Code ch. 13 and the rules of the Texas Natural Resource Conservation Commission. (Steven Lopez, Subhash Jain)
Issue agreed order, RH/RM. All Agree
Item 31. Docket No. 2001-0258-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Wiedenfeld Water Works, Incorporated in Kerr County; Public Water Supply ID No. 1330027; CCN No. 12052; for drinking water quality violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas Natural Resource Conservation Commission. (Malcolm A. Ferris, Subhash Jain)
Issue agreed order, RH/RM. All Agree
Item 32. Docket No. 1998-0865-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Teen Challenge of South Texas, Inc. in Bexar County; TNRCC ID No. 0150457; for public drinking water violations pursuant to ch. 341 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 agreed order, RH/RM. All Agree
Item 33. Docket No. 2001-0449-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Robert A. Hobbs, Jr. dba Twin Points Resort in Tarrant County; Public Water Supply No. 2200132; for drinking water quality violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas Natural Resource Conservation Commission. (Judy Fox, Subhash Jain)
Issue agreed order, RH/RM. All Agree
Item 34. Docket No. 2001-0216-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Taylor in Williamson County; Public Water Supply No. 2460004 and CCN No. 10319; 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. (Laura Clark, Subhash Jain)
Issue agreed order, RH/RM. All Agree
DISTRICT MATTERS
Item 35. Docket No. 2001-1076-DIS. Consideration of a Proposed Order approving the application by Fort Bend County Municipal Utility District No. 116 for approval of a Fire Protection Plan. For Commission consideration. Applicant request approval of the fire protection plan and approval of contracts providing fire protection services. (TNRCC Internal Control No. 07192001-D05: Rob Cummins)
Approve fire plan, KHW/RM. All Agree
Item 36. Docket No. 2001-1296-DIS. Consideration of a Proposed Order Approving the petition of RH of Texas Limited Partnership, a Maryland Limited Partnership, a landowner, for dissolution of Harris County Municipal Utility District No. 52 (District). For Commission consideration. The Petitioner requests the Commission dissolve the District pursuant to Tex. Water Code, Sections 49.321 to 49.327. (TNRCC Internal Control No. 10102001-D03, Rob Cummins)
Approve Dissolution, RM/RH. All Agree
MISCELLANEOUS MATTER
Item 37. Docket No. 2001-1369-MIS. Consideration to appoint two individuals to the Municipal Solid Waste Management and Resource Recovery Advisory Council.
Approve Staff Recommendations, RM/RH. All Agree
RULES
Item 38. Docket No. 2001-0887-RUL. Consideration for adoption of the following new section of 30 TAC Chapter 70, Enforcement:
Section 70.4 Enforcement Action Using Information Provided by Private Individual
The adopted new section will implement provisions of House Bill 2912, 77th Legislature, Sections 1.24 and 18.10, concerning the initiation of enforcement using information provided by a private individual. The proposal was published in the September 7, 2001 issue of the Texas Register (26 TexReg 6841). (Richard O'Connell/Robert Hernandez/Ray Austin) (Rule Log No. 2001-029-070-AD)
Approve adoption with changes as recommended, RH/KHW. All Agree
Item 39. Docket No. 2001-0327-RUL. Consideration for adoption of the following amended and new sections of 30 TAC Chapter 39, Public Notice; and repealed and new sections of Chapter 305, Consolidated Permits:
Amended
Section 39.105 Application for a Class 1 Modification of an Industrial Solid Waste or Hazardous Waste Permit
Amended
Section 39.403 Applicability
New
Section 39.106 Application for Modification of a Municipal Solid Waste Permit or Registration
Repealed
Section 305.70 Municipal Solid Waste Class I Modifications
New
Section 305.70 Municipal Solid Waste Permit and Registration Modifications
If adopted, the revisions to Chapter 305 will provide for an increase in the different types of changes to a permit or registration that can be approved by the executive director through the modification process. Some of these changes will require that the applicant provide mailed notice of the modification application to adjacent landowners and certain agencies in accordance with the public notice requirements under the revisions to Chapter 39, which outline the required content of the notice. The proposed rules were published in the June 8, 2001 issue of the Texas Register (26 TexReg 4019, 26 TexReg 4042). (Hector Mendieta/Jeff Davis/Steve Shepherd) (Rule Log No. 1997-186-305-WS)
Continued to December 5, 2001
Item 40. Docket No. 2001-0883-RUL. Consideration for adoption of the following new and amended sections of 30 TAC Chapter 90, Regulatory Flexibility:
Amended:
Section 90.1 Purpose
Section 90.2 Applicability and Eligibility
New:
Section 90.30 Definitions
Section 90.32 Minimum Standards for Environmental Management Systems
Section 90.34 Regulatory Incentives
Section 90.36 Evaluation of an Environmental Management System by the Executive Director
Section 90.38 Requests for Modification of State or Federal Regulatory Requirements
Section 90.40 Executive Director Action on Request for Regulatory Incentives through the Use of an Environmental Management System
Section 90.42 Termination of Regulatory Incentives under an Environmental Management System
Section 90.44 Motion to Overturn
These adopted revisions to Chapter 90 are in response to House Bill (HB) 2997 and HB 2912, Section 1.12, 77th Legislature, 2001, relating to the implementation of regulatory incentives to encourage the use of environmental management systems by regulated entities. These rules will add new Subchapter C, Regulatory Incentives for Using Environmental Management Systems, and will change the name of the chapter from Regulatory Flexibility to Regulatory Flexibility and Environmental Management Systems. The proposed rules were published in the September 7, 2001 issue of the Texas Register (26 TexReg 6845). (Kathy Ramirez) (Rule Log No. 2001-040-090-AD)
Approve adoption as recommended, KHW/RM. All Agree
Item 41. Docket No. 2001-0967-RUL. Consideration for adoption of new 30 TAC Chapter 30, Occupational Licenses and Registrations, and amended, new, and/or repealed sections in the following chapters:
Repealed:
Chapter 290 Public Drinking Water, Subchapter A
Chapter 325 Certificates of Competency
Chapter 330 Municipal Solid Waste, Subchapter M
Chapter 334 Underground and Aboveground Storage Tanks, Subchapter J
Amended, new, and/or repealed sections:
Chapter 285 On-Site Sewage Facilities
Chapter 330 Municipal Solid Waste
Chapter 334 Underground and Aboveground Storage Tanks
Chapter 344 Landscape Irrigators
In addition, consideration for adoption of the rules review and repeal of Chapter 290, Subchapter A. This rules review complies 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 proposed rules were published in the September 28, 2001 issue of the Texas Register (26 TexReg 7582).
The adopted rules will consolidate all administrative functions affecting ten licensing and registration programs administered by the commission into the new Chapter 30. These revisions implement House Bill (HB) 3111, HB 2912, Articles 7, 8, and 18.04, of the 77th Legislature, 2001, and Sunset Commission general recommendations regarding occupational licensing. The adopted rules will also establish uniform procedures for issuing and renewing licenses, setting terms and fees, enforcement activities, and training approval. The proposed rules were published in the September 28, 2001 issue of the Texas Register (26 TexReg 7427, 7468, 7479, 7492, 7496, 7500, and 7507). (Melissa Estes) (Rule Log No. 2001-044-325-WT)
Approve adoption as recommended, RH/KHW. All Agree
Item 42. Docket No. 2001-0739-RUL. Consideration for adoption of the following amended sections of 30 TAC Chapter 281, Application Processing; Chapter 305, Consolidated Permits; and new and amended sections of Chapter 331, Underground Injection Control.
Amended Sections:
Section 281. 21 Draft Permit, Technical Summary, Fact Sheet, and Compliance Summary
Section 305.42 Application Required
Section 305.53 Application Fee
Section 331.121 Class I Wells
New Section:
Section 331.120 Compliance History
These new and amended sections will address the requirements of Senate Bill 324, 77th Texas Legislature, 2001, by amending Chapter 281 to establish a procedure for the preparation of comprehensive summaries of an underground injection control permit applicant's compliance history, including the compliance history of any corporation or business entity managed, owned, or closely related to the applicant; Chapter 305 to revise the terms of the fee amount collected for disposal well permit applications and to require that all applications for hazardous and nonhazardous disposal well permits be processed for the benefit of the state and the preservation of its natural resources; and Chapter 331 to expand the applicability of certain requirements relating to the commission's consideration of compliance history in the determination of whether the use or installation of an injection well is in the public's interest. The proposed rules were published in the August 24, 2001 issue of the Texas Register (26 TexReg 6259, 6262, and 6266). (Michael Bame/Patti Hershey/Devane Clarke) (Rule Log No. 2001-049-305-WT)
Approve adoption as recommended, RM/RH. All Agree
EXECUTIVE SESSION
Item 43. 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 44. 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 45. 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.


AGENDA

Tuesday, November 20, 2001

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

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

Item 1. TNRCC Docket No. 1999-1302-UCR; SOAH Docket No. 582-00-0116. Consideration of the Administrative Law Judge's Proposal for Decision and Order regarding the appeal by Donny R. Heine of the cost of obtaining service from Southwest Milam Water Supply Corporation in Milam County, Texas.
Adopt Administrative Law Judge's Proposal for Decision and Issue Order, RM/RH. Commissioner White abstains from voting.


ADDENDUM TO AGENDA

Tuesday, November 20, 2001

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

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

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.
Approve Administrative Law Judge's Proposal for Decision and Issue Proposed Order with correction, RH/RM. All Agree


SECOND ADDENDUM TO AGENDA

Tuesday, November 20, 2001

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

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

Item 3. Docket No. 2001-1121-AGR. Consideration of Motions to Overturn filed by Scott Jerger, on behalf of the TNRCC Office of Public Interest Counsel; Jackson Battle, on behalf of the City of Waco; and Stuart Henry on behalf of the Robbins Family, concerning the Executive Director's approval of the application by William DeJong d.b.a. Hidden View Dairy in Erath County for a major amendment to TPDES Permit No. 03197.
Grant Motion to Overturn and remand to Executive Director, with instructions to Executive Director to provide applicant with Proper Notice and confirm earlier published notice was properly mailed. Directed Executive Director to properly reflect the City of Waco and City Attorney and that The Robbins are added to mailing list. RH/KHW. All Agree