REED
GARNER
AGENDA
Wednesday, January 4, 1995
TEXAS NATURAL RESOURCE CONSERVATION COMMISSION
9:30 a.m.
Room 201S
Bldg E.
12118 N. Interstate 35
UNCONTESTED (Permit Amendment)
Item 1. Docket No. 95-0075-IWD. APPLICATION BY MARATHON OIL COMPANY for an amendment to Permit No. 00990 to authorize an additional three outfalls (Outfalls 009, 010 and 011) to regulate intermittent discharges of stormwater runoff. The proposed amendment will enforce more stringent effluent limitations as needed, in order to meet existing applicable rules and regulations. The permit currently authorizes the discharge of treated wastewater commingled with stormwater runoff at a volume not to exceed an average flow of 2,200,000 gallons per day via Outfall 001; plus intermittent, flow variable discharges of stormwater via Outfalls 002, 003, 004, 005, 007 and 008, and an intermittent, flow variable discharge of demineralize regeneration wastewater via Outfall 006, which will remain the same. The permittee operates a petroleum refinery. The plant site is on the north side of Loop 197 between 6th Street and 14th Street in the City of Texas City, Galveston County, Texas.
Approved, PG/PR
UNCONTESTED (District Matter)
Item 2. Docket Number: 94- 0706- DIS. CONSIDERATION OF A PROPOSED ORDER APPROVING THE APPLICATION BY RIVER PLACE MUNICIPAL UTILITY DISTRICT OF TRAVIS COUNTY FOR APPROVAL OF AN IMPACT FEE. For Commission consideration. Applicant requests approval to levy an impact fee of $2,000 per equivalent single family connection for water, wastewater & drainage service within River Place Section 6. (Robert Ferguson)
Approved, PR/PG
UNCONTESTED (Water Utility Matters)
Item 3. Docket No. 95- 0078- UCR. Approval of City of Edinburg to Transfer a portion of Water CCN No. 10553 from North Alamo Water Supply Corporation and Amend Water CCN Nos. 12106 and 10553 in Hidalgo County, Texas. (Application #30461- S, Albert Holck/Diego Abrego)
Approved, PG/PR
Item 4. Docket No. 95- 0080- UCR. Approval of Raymond C. Wiedenfeld dba Wiedenfeld Water Works to Transfer Water CCN No. 11494 from James C. Whelan dba W- W Services Utilities, Cancel Water CCN No. 11494, and Amend Water CCN No. 12052 in Kerr County, Texas. (Application # 30403- S, Darrell Nichols)
Approved, PG/PR
Item 5. Docket No. 94- 0827- UCR. Approval of James S. Young dba Young's Water System to Transfer Water CCN No. 11989 from Eddy and Eleanor Sue Stepherson dba E & S Water System in Polk County, Texas. (Application # 9463- S, Diego Abrego)
Approved, PG/PR
Item 6. Docket No. 95- 0072- UCR. Approval of Canyon Lake Water Supply Corporation to Transfer Water CCN No. 10696 from General Water Company Inc.; Amend Water CCN No. 12736; and Cancel Water CCN No. 10696 in Comal County, Texas. (Application # 30559- S, Vera Poe)
Approved, PG/PR
Item 7. Docket No. 95-0072-UCR. Approval of Canyon Lake Water Supply Corporation to Transfer Water CCN No. 10652 from Canyon Lake Utilities, Inc., Amend Water a CCN No. 12736; and Cancel Water CCN No. 10652 in Comal County, Texas. (Application # 30560- S, Vera Poe)
Approved, PG/PR
Item 8. Docket No. 95-0072-UCR. Approval of Canyon Lake Water Supply Corporation to Transfer Water CCN No. 10692 from W & W Water Company, Inc.; Transfer Water CCN No. 12736; Amend Water CCN No. 10692; and Cancel Water CCN No. 12736 in Blanco and Comal Counties, Texas. (Application # 30561- S, Vera Poe)
Approved, PG/PR
Item 9. Docket No. 95-0090-UCR. Approval of Application by Mountain Man, Inc., dba Caddo Village, to transfer Water CCN No. 11911 and Sewer CCN No. 20627 from MCCR Partnership in Montgomery County, Texas. (Applications Nos. 30618-S and 30617-S, Albert Holck)
Approved, PG/PR
UNCONTESTED (Water Right Matter)
Item 10. Docket No. 95- 0101- WR. The City of Missouri City seeks Commission approval of construction plans for the placement of an alternate outlet structure for Key Court Dam on Lake Kiamesha as required in Permit No. 5365. Lake Kiamesa is a flood control an in- place recreation reservoir which impounds 120 acre- feet of water on an unnamed tributary of Oyster Creek in the San Jacinto Coastal Basin in Fort Bend Co. (Lann Bookout)
Approve Staff Recommnedation, PR/PG
UNCONTESTED (Settled Hearings)
Item 11. Docket No. 94-0070-UCR. Consideration of Examiner's Memorandum and Order concerning the application of Land Locators of Texas, Inc. dba Rankin Park Utilities to increase retail water and sewer rates in Harris County, Texas. Application No. 30549- G; Applicant provides retail water and sewer service to approximately 5 residential customers. Recommendation: Adoption of agreement of parties. (Sylvia McClellan)
Adopt Examiner's Memorandum and Issue Order, PG/PR
Item 12. Docket No. 94-0570-MWD. Consideration of Examiner's Memorandum concerning the application of Sky Property Management, a Co- Partnership for Permit No. 13709 - 01 to authorize the discharge of 0.010 mgd of treated domestic wastewater effluent in Harris County, Texas, and Segment No. 1006 of the San Jacinto River Basin. Recommendation: Issuance of permit. (Alex Bourgeois)
Adopt Examiner's Memorandum, PG/PR
Item 13. Docket No. 95-0068-UCR. Consideration of Examiner's Memorandum and Order concerning the application of Odie L. Nehring dba Green Acres Water Supply for an amendment to Certificate of Convenience and Necessity No. 11977 to provide water service in Williamson County, Texas. (Application No. 30391- C) Recommendation: Adoption of agreement of parties. (Jim Bateman)
Adopt Examiner's Memorandum and Issue Order, PG/PR
Item 14. Docket No. 95-0074-UCR. Consideration of Memorandum and Order by Hearings Examiner concerning the application of Lakeshore Utility Company, Inc. for a transfer of a portion of Certificate of Convenience and Necessity No. 10843 to provide water service in Henderson County, Texas. Recommendation: Adoption of agreement of parties. (Tommy Broyles)
Examiner's Request Withdrawal, granted, PG/PR
Item 15. Docket No. 95-0086-UCR. Consideration of Examiner's Memorandum and Order concerning the petition of H.P. Schultz Estate and Mattie Schultz dba H.P. Schultz Water Supply. Applicant petitions to cancel Certificate of Convenience and Necessity No. 12467, and discontinue water service in Robertson County, TX. Recommendation: Dismissal at request of Petitioner. (Mike Rogan)
Adopt Examiner's Memorandum and Issue Order, PG/PR
CONTESTED (Municipal Waste Enforcements)
Item 16. Docket No. 94- 0264- MWD- E. Consideration of a Texas Natural Resource Conservation Commission Agreed Order Assessing Administrative Penalties and Requiring Certain Actions of Harry Bizzell, Permit No. None. (Helen Stovall, Karen Honer)
Issue Agreed Order, PR/PG
Item 17. Docket No. 95-0088-MWD-E. Consideration of an Agreed Order Assessing Administrative Penalties and Requiring Certain Actions of the City of Rogers, TNRCC Permit No. 10804- 001, for violations of the Texas Water Code Chapter 26 pertaining to Water Quality violations. (Vic Ramirez/Brian Lehmkule)
Issue Agreed Order, PR/PG
CONTESTED (Municipal Solid Waste Enforcements)
Item 18. Docket No. 95- 0073- MSW- E. Consideration of agreed order assessing administrative penalties and requiring certain actions of States Environmental Oil Service Co., Inc.; Unauthorized Site No. 33247; (Mark Vickery)
Issue Agreed Order, PG/PR
Item 19. Docket No. 95- 0100- MSW- E. Consideration of Agreed Order assessing administrative penalties and requiring certain actions of City of Jacksboro; Permit No. 746; (Mark Vickery)
Issue Agreed Order, PG/PR
CONTESTED (Industrial Waste Enforcement)
Item 20. Docket No. 95-0113-IWD. The Texas Natural Resource Conservation Commission will consider a Motion for Reconsideration of the Aluminum Standard for Outfall 2 in Permit No. 01764 held by U.S. Department of the Air Force and Lockheed Corporation for its aircraft manufacturing plant located outside of Fort Worth in Tarrant County, Texas.
Staff Recommends Motion by Granted and Aluminum standards be eliminated from permit, staff recommendation approved, PR/PG
CONTESTED (Rules)
Item 21. Docket No. 95- 0091- RUL. Consideration for adoption of amendments to Texas Natural Resource Conservation Commission 30 TAC Chapter 101, regarding General Rules; 30 TAC Chapter 115, regarding the Control of Air Pollution From Volatile Organic Compounds; and revisions to the State Implementation Plan regarding these amendments and attainment demonstration modeling reports for the Houston/Galveston and Beaumont/Port Arthur ozone nonattainment areas to meet requirements of the Federal Clean Air Act Amendments. (Herb Williams)
Adopt Amendments are recommended, PR/PG
Item 22. Docket No. 95- 0081- RUL. Consideration of Adoption to publish in the Texas Register 30 TAC Chapter 330, Subchapter Q, Section 330.733, Concerning TNRCC inspection for the TDH of Municipal Land fills accepting demolition/renovation asbestos. the adoption of this rule amendment, with its asbestos MOU between the TNRCC and the TDH, is required by HB1680. (Hygie Reynolds)
Approve Staff Recommendation, PR/PG
EXECUTIVE SESSION
Item 23. Docket No. 95-0111-EXE. THE COMMISSION WILL MEET
IN EXECUTIVE SESSION TO 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
GOV'T CODE, Sections 551.071 and 551.074, the Open
Meetings Act. No final action, decision or vote
with regard to any matter considered in closed
session shall be made in the absence of further
notice issued in accordance with Chapter 551 of the
Government Code.
No Action Taken
Item 24. Docket No. 95-0112-EXE. COMMISSIONERS WILL MEET IN
EXECUTIVE SESSION TO DISCUSS THEIR DUTIES, ROLES,
AND RESPONSIBILITIES AS COMMISSIONERS OF THE TNRCC
UNDER GOV'T CODE, SECTION 551.074, the Open
Meetings Act. No final action, decision or vote
with regard to any matter considered in closed
session shall be made in the absence of further
notice issued in accordance with 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.)
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 CONTESTED AGENDA
Wednesday, January 4, 1995
TEXAS NATURAL RESOURCE CONSERVATION COMMISSION
9:30 a.m.
Room 201S
Bldg E.
12118 N. Interstate 35
Item 25. Docket No. 95-0137-IWD. Consideration of a Texas Natural Resource Conservation Commissions Emergency Order for Bethlehem Steele authorizing the discharge of once-through cooling water into the Sabin-Neches Canal in segment number 0703 of the Neches-Trinity Coastal Basin from a floating drydock and marine vessel repair facility located on FM 82, on Pleasure Island, in the City of Port Arthur in Jefferson County, Texas.
Approve Emergency Order as recommended by Staff, PG/JH
CONTESTED OLD BUSINESS
Wednesday, January 4, 1995
TEXAS NATURAL RESOURCE CONSERVATION COMMISSION
9:30 a.m.
Room 201S
Bldg E.
12118 N. Interstate 35
Item carried forward from Agenda of December 21, 1994.
Item 1. Docket No. 94- 0734- PWS- E. Consideration of Agreed
Order Assessing Administrative Penalties and
requiring certain actions of Herbert Zieben and
Douglas Utilities Company for violations of Title
30 Texas Administrative Code Chapter 290 pertaining
to water hygiene and section 341 of the Health and
Safety Code pertaining to minimum standards of
sanitation and health protection measures. (Steve
Shepherd/Tom Napier)
Issue Agreed Order, PR/PG