AGENDA

Wednesday, January 16, 2002

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. The Commission may also meet in open session to take action on a legal or personnel matters considered in the closed meeting as required by Section 551.102 of the Texas Open Meetings Act, 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, January 16, 2002

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

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

HEARING REQUESTS
Item 1. Docket No. 2001-1394-AIR. Consideration of the application by United Rentals, Inc. for Air Quality Permit by Rule No. 44068 to authorize the construction of a specialty concrete batch plant. The proposed facility is located at 22811 Katy Freeway, Katy, Harris County, Texas. The Commission will also consider requests for hearing or reconsideration, related responses and replies, public comment, and the Executive Director's Response to Comments. (Wesley Smith/Garrett Arthur)
Deny hearing request and issue permit, adopt ED's Response to Comments, RM/RH. All Agree
AGRICULTURAL ENFORCEMENT AGREED ORDERS
Item 2. Docket No. 2001-0450-AGR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Carson Loving dba Carson & Mark Loving Dairy in Erath County; Water Quality Permit No. 0003692-000; 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., Pamela Campbell)
Issue agreed order, RM/RH. All Agree
Item 3. Docket No. 2001-0520-AGR-E. Consideration of an Agreed Order assessing administrative penalties against Roel Stoker dba Ned-Tex Dairy in Erath County; Water Quality Permit No. 04028; 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, Pamela Campbell)
Issue agreed order, RM/RH. All Agree
Item 4. Docket No. 2001-1137-AGR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of ContiBeef LLC dba Hartley Feeders in Hartley County; Water Quality Permit No. 1790 (Expired); 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, Pamela Campbell)
Issue agreed order, RM/RH. All Agree
AIR QUALITY ENFORCEMENT AGREED ORDERS
Item 5. Docket No. 2001-0746-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Anadarko Petroleum Corporation in Crockett County; Air Account No. CZ-0068-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. (Suzanne Walrath, John Mead)
Issue agreed order, RM/KW. All Agree
Item 6. Docket No. 2001-0218-AIR-E. Consideration of an Agreed Order assessing administrative penalties against International Aviation Services, Inc. dba Eagle One Aviation in Tarrant County; Air Account No. TA-2205-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. (Miriam Hall, John Mead)
Issue agreed order, RM/KW. All Agree
Item 7. Docket No. 2001-0619-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Duke Energy Field Services, LP in Jefferson County; Air Account No. JE-0342-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. (Susan Kelly, John Mead)
Issue agreed order, RM/KW. All Agree
Item 8. Docket No. 2001-0444-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Mitchell Gas Services, L.P. in Runnels County; Air Account No. RK-0063-D; for air quality violations pursuant to Tex. Health & Safety Code ch. 382, Tex. Water Code ch. 7, and the rules of the Texas Natural Resource Conservation Commission. (A. Sunday Udoetok, John Mead)
Issue agreed order, RM/KW. All Agree
Item 9. Docket No. 2001-0364-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Laredo Paving, Inc. in Frio County; Air Account Nos. 92-4787-W and 93-8568-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. (Malcolm A. Ferris, John Mead)
Issue agreed order, RM/KW. All Agree
Item 10. Docket No. 2001-0795-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Koral Industries, Incorporated in Ellis County; Air Account No. ED-0013-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. (Wendy Cooper, John Mead)
Item agreed order, RM/KW. All Agree
Item 11. Docket No. 2001-0506-AIR-E. Consideration of an Agreed Order assessing administrative penalties against C & R Distributing, Incorporated in El Paso County; Air Account No. EE-0432-K; for air quality violations pursuant to Tex. Health & Safety Code ch. 382, Tex. Water Code ch. 7, and the rules of the Texas Natural Resource Conservation Commission. (Suzanne Walrath, John Mead)
Item agreed order, RM/KW. All Agree
Item 12. Docket No. 2001-0819-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Bass Enterprises Production Company in Lavaca County; TNRCC Air Account No. LE-0035-K; for air quality violations pursuant to Tex. Health & Safety Code ch. 382, Tex. Water Code ch. 7, and the rules of the Texas Natural Resource Conservation Commission. (Carol McGrath, John Mead)
Item agreed order, RM/KW. All Agree
Item 13. Docket No. 2001-0108-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of La Porte Methanol Company, L.P. in Harris County; Air Account No. HX-2302-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. (Gloria Stanford, John Mead)
Issue agreed order, RM/KW. All Agree
Item 14. Docket No. 1999-0916-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Union Tank Car Company in Harris County; TNRCC ID No. HG-0811-R; for air quality violations pursuant to the Tex. Clean Air Act, ch. 382 of the Tex. Health & Safety Code, and the rules of the Texas Natural Resource Conservation Commission. (David Speaker)
Issue agreed order, RM/KW. All Agree
Item 15. Docket No. 1999-1174-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Acme Brick Company in Wise County; TNRCC ID No. WN-0001-M; for air quality violations pursuant to the Tex. Clean Air Act, ch. 382 of the Tex. Health & Safety Code, and the rules of the Texas Natural Resource Conservation Commission. (David Speaker)
Issue agreed order, RM/KW. All Agree
Item 16. Docket No. 2001-0771-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Steve Wagner dba Wagner Materials in Comal County; Air Account No. BG-1112-H; for air quality and municipal solid waste violations pursuant to Tex. Health & Safety Code chs. 382 and 361, Tex. Water Code ch. 7, and the rules of the Texas Natural Resource Conservation Commission. (Thomas E. Jecha, John Mead)
Issue agreed order, RM/KW. All Agree
Item 17. Docket No. 2001-0040-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of U.S. Liquids of Texas, Inc. in Harris County; TNRCC Air Account No. HG-5304-E; for air quality violations pursuant to Tex. Health & Safety Code ch. 382, Tex. Water Code ch. 7, and the rules of the Texas Natural Resource Conservation Commission. (Michael Meyer, John Mead)
Issue agreed order, RM/KW. All Agree
Item 18. Docket No. 2001-0453-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Tejas Gas Pipeline, L.P. in Harris County; Air Account No. HG-1391-L; for air quality violations pursuant to Tex. Health & Safety Code ch. 382, Tex. Water Code ch. 7, and the rules of the Texas Natural Resource Conservation Commission. (Catherine Sherman, John Mead)
Issue agreed order, RM/KW. All Agree
Item 19. Docket No. 2001-0462-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Reliant Energy, Incorporated in Chambers County; Air Account No. CI-0012-D; for air quality violations pursuant to Tex. Health & Safety Code ch. 382, Tex. Water Code ch. 7, and the rules of the Texas Natural Resource Conservation Commission. (Faye Liu, John Mead)
Issue agreed order, RM/KW. All Agree
Item 20. Docket No. 2001-0807-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Pebblebrook Pet Memorial, Inc. in Harris County; Air Account No. HX-2826-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. (Kevin Keyser, John Mead)
Issue agreed order, RM/KW. All Agree
Item 21. Docket No. 2001-0586-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Norton Company in Erath County; Air Account No. EF-0012-C; for air quality violations pursuant to Tex. Health & Safety Code ch. 7 and the rules of the Texas Natural Resource Conservation Commission. (Jorge Ibarra, P.E., John Mead)
Issue agreed order, RM/KW. All Agree
Item 22. Docket No. 2001-0613-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Moss Bluff Hub Partners, L.P. in Liberty County; Air Account No. LH-0112-H; for air quality violations pursuant to Tex. Health & Safety Code ch. 382, Tex. Water Code ch. 7, and the rules of the Texas Natural Resource Conservation Commission. (Kevin Keyser, John Mead)
Issue agreed order, RM/KW. All Agree
Item 23. Docket No. 2001-0684-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Johns Manville International Corporation in Johnson County; Air Account No. JH-0025-O; for air quality violations pursuant to Tex. Health & Safety Code ch. 382, Tex. Water Code ch. 7, and the rules of the Texas Natural Resource Conservation Commission. (Tel Croston, John Mead)
Issue agreed order, RM/KW. All Agree
Item 24. Docket No. 2001-0542-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Gardner Glass Products, Inc. in Walker County; Air Account No. WA-0041-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. (Rebecca Johnson, John Mead)
Issue agreed order, RM/KW. All Agree
Item 25. Docket No. 2001-0920-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Crown Central Petroleum Corp. in Harris County; Air Account No. HG-0175-D; for air quality violations pursuant to Tex. Health & Safety Code ch. 382, Tex. Water Code ch. 7, and the rules of the Texas Natural Resource Conservation Commission. (Trina Grieco, John Mead)
Issue agreed order, RM/KW. All Agree
Item 26. Docket No. 2001-0391-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Caldwell/VSR, Inc. in Hidalgo County; Air Account No. HN-0371-V; 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, John Mead)
Issue agreed order, RM/KW. All Agree
Item 27. Docket No. 2001-0734-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Bonar Acquisition Corporation in Smith County; Air Account No. SK-0043-P; for air quality violations pursuant to Tex. Health & Safety Code ch. 382, Tex. Water Code ch. 7, and the rules of the Texas Natural Resource Conservation Commission. (Carolyn V. Lind, John Mead)
Issue agreed order, RM/KW. All Agree
Item 28. Docket No. 2001-0797-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Seacrest Company, L.L.C. in Brazoria County; Air Account No. BL-0321-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. (Rebecca A. Johnson, John Mead)
Issue agreed order, RM/KW. All Agree
Item 29. Docket No. 2001-0367-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Price Construction, Inc. in Frio County; Air Account No. 92-1169-G and Permit No. 21169; 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. (Malcolm A. Ferris, John Mead)
Issue agreed order, RM/KW. All Agree
Item 30. Docket No. 2001-0537-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Phillips Petroleum Company in Brazoria County; Air Account No. BL-0042-G; for air quality violations pursuant to Tex. Health & Safety Code chs. 370 and 382, Tex. Water Code ch. 7, and the rules of the Texas Natural Resource Conservation Commission. (Kevin Keyser, John Mead)
Issue agreed order, RM/KW. All Agree
Item 31. Docket No. 2001-0865-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Oxy Vinyls, LP in Harris County; Air Account No. HG-0193-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. (Rebecca Johnson, John Mead)
Issue agreed order, RM/KW. All Agree
INDUSTRIAL HAZARDOUS WASTE ENFORCEMENT AGREED ORDERS
Item 32. Docket No. 2001-0481-IHW-E. Consideration of an Agreed Order assessing administrative penalties against Parkans International L.L.C. dba Recycalyst Technologies Corporation in Harris County; Solid Waste Registration No. 23710; for industrial and 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 Albrecht, Erika Fair)
Issue agreed order, RH/KW. All Agree
Item 33. 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, Erika Fair)
Issue agreed order, RH/KW. All Agree
Item 34. Docket No. 2001-0397-IHW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of The Texas A&M University System in Tom Green County; TNRCC Solid Waste Registration ID No. F0860; for industrial and 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. (Mark Newman, Erika Fair)
Issue agreed order, RH/KW. All Agree
Item 35. Docket No. 1997-0214-IHW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of NL Industries, Inc., and Mainland Land & Equipment Co., in Dallas County; TNRCC ID No. None; for industrial and hazardous waste violations pursuant to chs. 7 and 26 of the Tex. Water Code, the Tex. Solid Waste Disposal Act, ch. 361 of the Tex. Health & Safety Code, and the rules of the Texas Natural Resource Conservation Commission. (Booker Harrison)
Issue agreed order, RH/KW. All Agree
INDUSTRIAL WASTE DISCHARGE ENFORCEMENT AGREED ORDER
Item 36. Docket No. 2000-0799-IWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Dallas/Fort Worth International Airport Board in Dallas and Tarrant Counties; TNRCC ID No. 72593; Water Quality Permit No. 01441; 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
MULTI-MEDIA ENFORCEMENT AGREED ORDERS
Item 37. Docket No. 2001-0504-MLM-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Ameripol Synpol Corporation in Jefferson County; Air Account No. JE-0017-A and Solid Waste Registration No. 30144; for air quality and industrial and 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. (Laura Clark, John Mead)
Issue agreed order, RH/KW. All Agree
Item 38. Docket No. 2001-0890-MLM-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Kyle Mott and Zaval-Tex Industrial, Inc. in Jefferson County; TNRCC Air Account No. JE-0803-R; 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. (Laura Clark, John Mead)
Issue agreed order, RH/KW. All Agree
Item 39. Docket No. 2000-1303-MLM-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Ronnie Bailey dba Bailey's Brokerage in McCulloch County; TNRCC ID Nos. F0637 and MA0054K; for air quality and industrial and hazardous waste violations pursuant to the Tex. Clean Air Act, ch. 382 of the Tex. Health & Safety Code, Tex. Solid Waste Disposal Act, ch. 361of the Tex. Health & Safety Code, chs. 7 and 26 of the Tex. Water Code, and the rules of the Texas Natural Resource Conservation Commission. (Rebecca Petty)
Continued to February 13, 2002
Item 40. Docket No. 2001-0461-MLM-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of The Goodyear Tire and Rubber Company in Jefferson County; Air Account No. JE-0039-N, Solid Waste Registration No. 30012, and Texas Pollutant Discharge Elimination System No. 00519; for air quality, water quality, and industrial 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. (John Barry, John Mead)
Issue agreed order, RH/KW. All Agree
MUNICIPAL SOLID WASTE ENFORCEMENT AGREED ORDERS
Item 41. Docket No. 2000-0481-MSW-E. Consideration of an Agreed Order assessing administrative penalties against Republic Waste Services of Texas, LLC dba Brazoria County Recycling Center in Brazoria County; TNRCC ID No. 1539; for municipal solid waste violations pursuant to the Tex. Solid Waste Disposal Act, ch. 361 of the Tex. Health & Safety Code, and the rules of the Texas Natural Resource Conservation Commission. (Rebecca Petty)
Issue agreed order, RH/RM. All Agree
Item 42. Docket No. 2001-0957-MSW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Carthage in Panola County; MSW Permit No. 1741-A; 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. (Steven Lopez, Erika Fair)
Issue agreed order, RH/RM. All Agree
Item 43. Docket No. 2001-0141-MSW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of John Soules Foods Inc. in Smith 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. (David Van Soest, Erika Fair)
Issue agreed order, RH/RM. All Agree
MUNICIPAL WASTE DISCHARGE ENFORCEMENT AGREED ORDERS
Item 44. Docket No. 2001-0295-MWD-E. Consideration of an Agreed Order assessing administrative penalties against Harris County Municipal Utility District No. 150 in Harris County; TPDES Permit No. 11863-001; 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. (Rebecca Petty)
Issue agreed order, RM/RH. All Agree
Item 45. Docket No. 2001-0799-MWD-E. Consideration of an Agreed Order assessing administrative penalties against B&B Aggregates, Inc. in Liberty 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. (Trina Greico, Pamela Campbell)
Issue agreed order, RM/RH. All Agree
ON-SITE FACILITY INSTALLER ENFORCEMENT AGREED ORDER
Item 46. Docket No. 2000-1438-OSI-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Hector Flores dba Flores and Son Backhoe and Trenching in Bailey County; TNRCC ID No. none; for on-site sewage installer violations pursuant to ch. 366 of the Tex. Health & Safety Code and the rules of the Texas Natural Resource Conservation Commission. (David Speaker)
Issue agreed order, RH/KW. All Agree
PETROLEUM STORAGE TANK ENFORCEMENT AGREED ORDERS
Item 47. Docket No. 2001-1054-PST-E. Consideration of an Agreed Order assessing administrative penalties against 7-Eleven, Inc. dba 7-Eleven Store No. 12526 in Tarrant County; Petroleum Storage Tank Facility ID No. 0009218; 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. (Judy Fox, Erika Fair)
Issue agreed order, RH/RM. All Agree
Item 48. Docket No. 1999-0895-PST-E. Consideration of an Agreed Order assessing administrative penalties against Fred Palacios dba Fred's Gas Depot in Hidalgo County; TNRCC ID No. 33816; for petroleum storage tank violations pursuant to ch. 26 of the Tex. Water Code and the rules of the Texas Natural Resource Conservation Commission. (Rebecca Petty)
Issue Order with amended language, RH/RM. All Agree
Item 49. Docket No. 2000-0103-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of C. C. Southern, Incorporated in El Paso County; TNRCC Petroleum Storage Tank Facility ID No. 0019996; 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. (Rebecca Petty)
Issue agreed order, RH/RM. All Agree
PUBLIC WATER SUPPLY ENFORCEMENT AGREED ORDERS
Item 50. Docket No. 2001-0458-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Denny Williams in Comal County; Public Water Supply No. 0460199; for drinking water quality violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas Natural Resource Conservation Commission. (Suzanne Walrath, Pamela Campbell)
Issue agreed order, RM/RH. All Agree
Item 51. Docket No. 2001-0315-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of San Benito in Cameron County; Public Water Supply No. 0310007; for drinking water quality violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas Natural Resource Conservation Commission. (Sandra Hernandez Alanis, Pamela Campbell)
Issue agreed order, RM/RH. All Agree
SLUDGE ENFORCEMENT AGREED ORDER
Item 52. Docket No. 2001-0617-SLG-E. Consideration of an Agreed Order assessing administrative penalties against Aztec Rental Partners, LLC in Jackson County; Sludge Transporter Registration No. 22817; for water quality violations pursuant to Tex. Health & Safety Code ch. 361, Tex. Water Code chs. 7 and 26, and the rules of the Texas Natural Resource Conservation Commission. (Gary L. McDonald, Pamela Campbell)
Issue agreed order, KW/RH. All Agree
MISCELLANEOUS AGENDA ITEM
Item 53. Docket No. 2001-1506-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 staff recommendation, RM/KW. All Agree
EMERGENCY ORDER
Item 54. Docket No. 2001-0688-MLM-E. Consideration of whether to Modify, Affirm, or Set Aside an Emergency Order issued on December 19, 2001 by the Executive Director of the Texas Natural Resource Conservation Commission pursuant to Tex. Water Code ch. 5.501(c)(1) to address the abandonment of a retail public utility (Facility) by Henry Harris dba Plaza Water Utility; to ensure continued operation of the Facility; and to provide continuous and adequate service to customers. The Emergency Order appointed Phillips Gordon as temporary manager of the Facility. The certificate of convenience and necessity for the Utility is held by Henry Harris dba Plaza Water Utility, pursuant to ch. 13 of the Tex. Water Code and the rules of the Texas Natural Resource Conservation Commission. (Gitanjali Yadav)
Remanded to ED
RULE MATTERS
Item 55. Docket No. 2001-1528-RUL. Consideration for publication of amended Section 335.5, Deed Recordation of Waste Disposal; and Section 335.25, Handling, Storing, Processing, Transporting, and Disposing of Poultry Carcasses, in 30 TAC Chapter 335, Industrial Solid Waste and Municipal Hazardous Waste.
The proposed rulemaking would implement the portion of House Bill 3355, 77th Legislature, 2001, that prohibits the commission from requiring a landowner to deed record the burial of carcasses in the county deed records if the landowner requests and complies with a water quality management plan certified by the State Soil and Water Conservation Board. (Marilyn Querejazu/Jill Burditt) (Rule Log No. 2001-060-335-WS)
Reposted as Item 65
Item 56. Docket No. 2001-1513-RUL. Consideration for publication of, and hearings on, the following proposed amended sections of 30 TAC Chapter 331, Underground Injection Control:
Subchapter A. General Provisions
Section 331.14, Prohibition of Class I Salt Cavern Solid Waste Disposal Wells and Associated Caverns in Geologic Structures or Formations Other Than Salt Stocks of Salt Domes
Subchapter G. Consideration Prior to Permit Issuance
Section 331.121, Class I Wells
Subchapter J. Standards for Class I Salt Cavern Solid Waste Disposal Wells
Section 331.161, Applicability
Section 331.163, Well Construction Standards
If approved, the proposed amendments would implement legislation requiring the commission by rule to prohibit the storage, processing, or disposal of hazardous waste in a solution-mined salt dome cavern or a sulphur mine (House Bill 2912, Section 9.02, 77th Legislature, 2001); amend and clarify the information required to establish the geologic suitability of a proposed location for a salt cavern disposal well; and reinstate technical requirements administratively omitted in 1992. (Wade Wheatley/Don Redmond/Ray Austin) (Rule Log No. 2001-080-331-WT)
Approve publication and hearing as recommended by staff, RH/KW. All Agree
Item 57. Docket No. 2001-1468-RUL. Consideration for publication of, and hearing on, proposed amendments to 30 TAC Chapter 290, Public Drinking Water, Subchapter D, Rules and Regulations for Public Water Systems and Subchapter F, Drinking Water Standards Governing Drinking Water Quality and Reporting Requirements for Public Water Supply Systems.
The proposed rules would: correct technical inconsistencies; incorporate federal public notification rules and lead/copper rules; implement House Bill (HB) 217; implement HB 2912, Article 18.02; and provide for the executive director to grant two-year extensions for capital improvements in specific circumstances. (Melissa Estes) (Rule Log No. 2001-008-290-WT)
Approve publication and hearings, RM/RH. All Agree
Item 58. Docket No. 2001-1084-RUL. Consideration for the adoption of rules review and adoption of repeal of 30 TAC Chapter 216, Water Quality Performance Standards for Urban Development, Subchapter A, concerning Water Quality Protection Zones, which includes Sections 216.1 - 216.11, and termination of a rulemaking initiated in response to Petitions for Rulemaking submitted by the City of Austin relating to Chapter 216, Subchapter A, Docket Nos. 98-0063-RUL, et al.
The review of the rules in Chapter 216, Subchapter A was conducted in accordance with Texas Government Code, Section 2001.039, which provides for quadrennial review of agency rules. That review indicates in accordance with a decision of the Texas Supreme Court and a subsequent opinion of the Texas Attorney General that the statute on which Subchapter A is based, Tex. Water Code, Section 26.179, is invalid. Therefore, the repeal of Chapter 216, Subchapter A is appropriate. In addition, the rulemaking initiated in response to the Petitions for Rulemaking submitted by the City of Austin relating to Chapter 216, Subchapter A, will be terminated. The proposed rules review and repeal were published in the October 26, 2001 issue of the Texas Register (26 TexReg 8487 and 8551). (Auburn Mitchell/Anthony Tatu/Pat Hooper) (Rule Log No. 2000-038-216-WT)
Approve adoption and repeal, RH/KW. All Agree
Item 59. Docket No. 2001-0811-RUL. Consideration for adoption of the following amended sections of 30 TAC Chapter 220, Regional Assessments of Water Quality; Chapter 303, Operation of the Rio Grande; and Chapter 304, Watermaster Operations.
Section 220.21 - Water Quality Assessment Fees
Section 303.71 - Costs of Administration
Section 304.61 - Costs of Administration
The adopted rules will exempt a certain class of small hydroelectric facilities from watermaster fees and water quality assessment fees. The proposed rules were published in the September 7, 2001 issue of the Texas Register (26 TexReg 6851, 6853, and 6855). (Melissa Estes) (Rule Log No. 2001-048-304-WT)
Approve adoption, RH/RM. All Agree
EXECUTIVE SESSION
Item 60. 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 61. 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. The Commission may also meet in open session to take action on a legal or personnel matters considered in the closed meeting as required by Section 551.102 of the Texas Open Meetings Act, Chapter 551 of the Government Code.
No Action Taken
Item 62. 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
(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, January 16, 2002

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

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

Item 63. Docket No. 2001-0612-MWD. Consideration of permit application # 11751-002, submitted by Guadalupe-Blanco River Authority for a renewal of TNRCC Permit No. 11751-002, which authorizes the discharge of treated domestic wastewater at a daily flow not to exceed 350,000 gallons per day. The permit also authorizes an option to dispose treated domestic wastewater at a daily average flow of 292,500 gallons per day, via irrigation of 117 acres of the Northcliffe subdivision golf course. The wastewater treatment facility will serve the GBRA-Guadco Municipal Utility District No. 2. The facility is not yet built. When constructed, the facility will be located approximately 800 feet east of the intersection of Farm-to-Market Road 1103 and Interstate Highway 35 in Comal County, Texas. The treated effluent would be discharged to an unnamed tributary of Dry Comal Creek, then to Dry Comal Creek, and then to the Comal River in Segment No. 1911 of the Guadalupe River Basin. The Commission will also consider hearing requests, related responses and replies, public comment and the Executive Director's Response to Comments. (Snehal Patel/Michael Hughes/Melinda Luxemburg)
Reposted as Item # 64


SECOND ADDENDUM TO AGENDA

Wednesday, January 16, 2002

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

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

Item 64. Docket No. 2001-0612-MWD. Consideration of permit application # 11751-002, submitted by Guadalupe-Blanco River Authority for a renewal of TNRCC Permit No. 11751-002, which authorizes the discharge of treated domestic wastewater at a daily flow not to exceed 350,000 gallons per day. The permit also authorizes an option to dispose treated domestic wastewater at a daily average flow of 292,500 gallons per day, via irrigation of 117 acres of the Northcliffe subdivision golf course. The wastewater treatment facility will serve the GBRA-Guadco Municipal Utility District No. 2. The facility is not yet built. When constructed, the facility will be located approximately 800 feet east of the intersection of Farm-to-Market Road 1103 and Interstate Highway 35 in Comal County, Texas. The treated effluent would be discharged to an unnamed tributary of Dry Comal Creek, then to Dry Comal Creek, and then to the Comal River in Segment No. 1811 of the Guadalupe River Basin. The Commission will also consider hearing requests, related responses and replies, public comment and the Executive Director's Response to Comments. (Snehal Patel/Michael Hughes/Melinda Luxemburg).
Deny hearing request, and issue renewal and adopt ED response to comments, RH/RM. All Agree
Item 65. Docket No. 2001-1528-RUL. Consideration for publication of amended Section 335.5, Deed Recordation of Waste Disposal, in 30 TAC Chapter 335, Industrial Solid Waste and Municipal Hazardous Waste.
The proposed rulemaking would implement the portion of House Bill 3355, 77th Legislature, 2001, that prohibits the commission from requiring a landowner to deed record the burial of carcasses in the county deed records if the landowner requests and complies with a water quality management plan certified by the State Soil and Water Conservation Board. (Marilyn Querejazu/Jill Burditt) (Rule Log No. 2001-060-335-WS)
Approve publication of 30 TAC 355, RM/RH. All Agree


AGENDA

Wednesday, January 16, 2002

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

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

Item 1. TNRCC Docket No. 2000-0393-UCR; SOAH Docket No. 582-00-1479. Consideration of an order and corresponding map reflecting the Commission's decision at the October 24, 2001 agenda, concerning the amended application of the City of Crandall to amend its certificate of convenience and necessity (CCN) No. 11295 in Kaufman County to add to the area in which the CCN authorizes Crandall to provide water utility service.
Approve order and map as recommended by staff with two typographical corrections, RH/KW. All Agree
Item 2. Docket No. 2001-1296-DIS. Consideration of the Motion for Rehearing filed by the Executive Director regarding the Commission's decision to approve the dissolution of Harris County MUD No. 52.
Grant Motion for Rehearing, RH/RM. All Agree
Item 3. TNRCC Docket No. 2000-0740-OSI-E; SOAH Docket No. 582-01-2808. Consideration of the Administrative Law Judge's Proposal for Decision and Order regarding Rocky Lindsey dba Lindsey's Septic System Sand and Gravel, and revocation of Respondent's On-Site Sewage Facilities Installer II Certificate of Registration No. OS6906 for the term of one year, for alleged violations of the Commission's rules regarding Tex. Health & Safety Code ch. 366.055(c) and 30 Tex. Admin. Code 285.50(d), 285.58(a)(2), 285.58(a)(10), and 285.58(a)(11). This operation is based in Royse City, Dallas County, Texas.
Adopt Administrative Law Judge's Proposal For Decision and Order, with changes as recommended by Executive Director, RM/KW. All Agree
Item 4. TNRCC Docket Nos. 1999-1526-AIR & 2000-1462-AIR; SOAH Docket No. 582-01-2303. Consideration of the Administrative Law Judge's Proposal for Decision and Order regarding the application of Frontier Materials Concrete for an air-quality exemption pursuant to ch.106 of the rules of the Texas Natural Resource Conservation Commission. The proposed concrete batch plant would be located at 5325 Barker Cypress, Houston, in Harris County, Texas.
Reposted as Item # 5


ADDENDUM TO AGENDA

Wednesday, January 16, 2002

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

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

Item 5. TNRCC Docket Nos. 1999-1526-AIR & 2000-1462-AIR; SOAH Docket No. 582-01-2303. Consideration of the Administrative Law Judge's Proposal for Decision and Order regarding the application of Frontier Materials Concrete for an air quality permit by rule pursuant to rules of the Texas Natural Resource Conservation Commission in 30 TAC Chapter 106 to construct a permanent concrete batch plant. The proposed plant would be located at 5325 Barker Cypress, in Harris County, Texas. The Commission will also consider public comment; the Executive Directors' Response to Comments; the permit by rule registration application, and related filings, exceptions and replies.
Approve Administrative Law Judge's Proposal for Decision and order with changes as recommended by commissioners and adopt Executive Director's response to comments. RM/RH. All Agree