HALL

GARNER

REED - ABSENT AND EXCUSED

The Uncontested and Contested have been combined

AGENDA

Wednesday, February 1, 1995

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.

Room 201S

Bldg E.

12118 N. Interstate 35

UNCONTESTED (Water Quality Matters)

Item 1. DOCKET NO. 95-0196-MWD. APPLICATION BY CITY OF HOUSTON for an amendment to Permit No. 10495-02 in order to combine two permits (10495-02 - Sims Bayou North Plant and 10495-120 - Sims Bayou South Plant) into one permit (10495-02) and to increase the discharge volume from both plants. The proposed amendment would increase the discharge of treated domestic wastewater effluent: (1) from a volume not to exceed an average flow of 25,000,000 gallons per day to a volume not to exceed an average flow of 39,900,000 at the Sims Bayou North Plant (Outfall 001); (2) from a volume not to exceed an average flow of 36,000,000 gallons per day to a volume not to exceed an average flow of 54,000,000 gallons per day at the Sims Bayou South Plant (Outfall 002). The proposed amendment would also authorize intermittent discharges of diluted wastewater from the Belmont/Scott Wet Weather Facility (Outfall 003) which is screened, clarified and chlorinated prior to discharge. The applicant operates the Sims Bayou North Wastewater Treatment Facility and the Sims Bayou South Wastewater Treatment Facility. The Sims Bayou North Wastewater Treatment Facilities are located at 9500 La Porte Road, adjacent to the confluence of Plum Creek with Sims Bayou in the City of Houston, Harris County, Texas. (Tom Weber)

Approved, PG/JH

Item 2. DOCKET NO. 95-0195-MWD. APPLICATION BY CITY OF LINDEN for an amendment to Permit No. 10429-02 to authorize an increase in the discharge of treated domestic wastewater effluent from a volume not to exceed an average flow of 130,000 gallons per day to a volume not to exceed an average flow of 250,000 gallons per day. The proposed amendment will also authorize a variance to the buffer zone requirements. Plus, the proposed amendment will enforce more stringent effluent limitations as needed, in order to meet existing applicable rules and regulations. The wastewater treatment facilities are approximately 1,600 feet southwest of the intersection of State Highway 155 and Hamilton Street in Hass County, Texas. (Tom Weber)

Approved, PG/JH

Item 3. DOCKET NO. 95-0194-MWD. APPLICATION BY MILES, INC. for an amendment to Permit No. 01499 to authorize an increase in the discharge of treated process wastewater, treated sanitary wastewater, utility wastewater and stormwater from a volume not to exceed an average flow of 2,300,000 gallons per day to a volume not to exceed an average flow of 2,700,000 gallons per day via Outfall 001. The permit currently authorizes intermittent, flow variable discharges of stormwater via Outfalls 002, 003 and 004, which will remain the same. The applicant operates a facility which manufactures organic chemicals, plastics and inorganic chemicals. The plant site is east of Cedar Bayou, approximately 0.5 mile south of the intersection of FM Road 1405 (West Bay Road) and FM Road 565 northeast of the City of Baytown, Chambers County, Texas. (Tom Weber)

Remand to Office Hearing Examiners

Item 4. DOCKET NO. 95-0193-MWD. APPLICATION BY TEXAS DEPARTMENT OF TRANSPORTATION for renewal of Permit No. 11958-01 which authorizes a discharge of treated domestic wastewater effluent at a volume not to exceed an average flow of 15,000 gallons per day from the Interstate Highway 35E Rest Area Southbound Wastewater Treatment Plant. The plant site is along and within the right-of-way of Interstate highway 35, at a point approximately 8 miles south of the City of Waxahachie central business district and 1.4 miles north of Farm-to-Market Road 329 in Ellis County, Texas. (Tom Weber)

Continued to February 22, 1995

UNCONTESTED (Class 2 Modification)

Item 5. Docket No. 95-0223-IHW. Consideration of an application by PHIBRO-TECH, INC. - GARLAND for a Class 2 Modification to Permit No. HW50277-001 in accordance with 30 TAC Section 305.69. The permit modification will authorize additional wastes for transfer and/or consolidation, and the storage of old and newly listed waste in existing hazardous waste facility units. Also, the modification will change sampling and analyses requirements for wastes received at the facility. The facility is located at 1000 North First Street in Garland, Dallas County, Texas. (W. Kirk Smith)

Approved, PG/JH

UNCONTESTED (District Matters)

Item 6. Docket No. 94- 0636- DIS. CONSIDERATION OF A PROPOSED ORDER APPROVING THE APPLICATION BY MASON CREEK UTILITY DISTRICT OF HARRIS COUNTY FOR APPROVAL OF $2,500,000 UNLIMITED TAX BONDS, FIFTH ISSUE, 6.85% NET EFFECTIVE INTEREST RATE, SERIES 1995. For Commission consideration. Applicant requests approval of a bond issue to finance costs of a well replacement, 10,000 gallon hydropneumatic tank, booster pump rehabilitation, and elevated storage tank painting & repair at the Dominion Water Plant; interior/exterior coating of ground storage tanks and hydropneumatic tank, rehabilitation of booster pumps, rehabilitation of water well and construction of a 10,000 gallon hydropneumatic tank at the Houghton Water Plant; interior coating of ground storage tanks and hydropneumatic tank, rehabilitation of booster pumps, and construction of 5,000 gallon hydropneumatic tank at Water Plant No. 3; well collection line between Houghton and Dominion Plants; Infiltration/inflow investigation and rehabilitation of wastewater collection system; renovation of the Brondesbury and Rennie Road Lift Stations; Mason Road force main relocation; renovation of wastewater trunkline; and rehabilitation of storm sewers. (Robert Ferguson)

Approved, PG/JH

Item 7. Docket No. 94- 0624- DIS. CONSIDERATION OF A PROPOSED ORDER APPROVING THE APPLICATION OF CLEAR BROOK CITY MUNICIPAL UTILITY DISTRICT OF HARRIS COUNTY FOR APPROVAL OF EXTENSION OF TIME ON BOND APPROVAL; $5,100,000 BOND ISSUE APPROVED NOVEMBER 24, 1993; For Commission consideration. Applicant requests Commission approval for extension of time to sell the $3,100,000 remaining installment of bonds. (Robert Ferguson)

Approved, PG/JH

UNCONTESTED (Water Utility Matter)

Item 8. Docket No. 95- 0148- UCR. Approval of City of Round Rock to Transfer Water CCN No. 11985 from Round Rock Water Supply Corporation; Amend Water CCN No. 11047; Cancel Water CCN No. 11985 in Williamson County, Texas. (Application # 30627- S, Albert Holck). Approval of City of Round Rock to Transfer Sewer CCN No. 20652 from Round Rock Water Supply Corporation; Amend Sewer CCN No. 20421; Cancel Sewer CCN No. 20652 in Williamson County, Texas. (Application # 30630- S, Albert Holck)

Approved, PG/JH

UNCONTESTED (On Site Disposal Systems)

Item 9. Docket No. 95-0208-OSS. Application by Lower Colorado River Authority to amend their order to regulate on-site disposal systems within their jurisdiction.

Approved, PG/JH

UNCONTESTED (Settled Hearings)

Item 10. Docket No. 94-0162-IWD-E. Consideration of Examiner's Memorandum concerning the petition of the Executive Director of the TNRCC seeking administrative penalties and technical and reporting requirements from Hill Country Utilities, Inc., which operates an activated sludge wastewater treatment plant with a permitted daily average flow of 0.4 million gallons per day. Hill Country Utilities, Inc. has agreed that it had three permit exceedances in 1993 which are the basis of an agreed enforcement order. (Bill Zukauckas)

Adopt Examiner's Memorandum, JH/PG

Item 11. Docket No. 95-0092-UCR. Consideration of Examiner's Memorandum and Order concerning the application of AIM Company, Inc. dba Wolfforth Place Water System to increase retail water rates in Lubbock County, Texas. Applicant provides retail water service to approximately 30 customers. Recommendation: Adoption of agreement of parties. (Bill Zukauckas)

Adopt Examiner's Memorandum and Issue Order, JH/PG

Item 12. Docket No. 94-0760-UCR. Consideration of Examiner's Memorandum and Order concerning the application of Lakeside Utilities, Inc. to increase retail water and sewer rates in Travis County, Texas. Applicant provides retail water and sewer service to approximately 60 customers. Recommendation: Adoption of agreement of parties. (Patricia Robards)

Adopt Examiner's Memorandum and Issue Order, JH/PG

Item 13. Docket No. 94-0388-UCR. Consideration of Examiner's Memorandum and Proposed Order concerning the application of Sandy Harbor Construction, Inc. to increase retail water rates in Llano County, Texas. Applicant provides retail water service to approximately 66 customers. Recommendation: Adoption of agreement of parties. (Cecile Hanna)

Adopt Examiner's Memorandum and Issue Order, JH/PG

Item 14. Docket No. 95-0187-UCR. Consideration of Examiner's Memorandum and Order concerning the petition of Out- of- City Single- Family Water Ratepayers against 6 City of Austin, Travis County, Texas. Petition No. 30502- W; Recommendation: Dismissal of Petition. Carol Wood)

Adopt Examiner's Memorandum and Issue Order, JH/PG

Item 15. Docket No. 95-0102-MWD. Consideration of Examiner's Memorandum and Order concerning the application of F.F.L. Development Co. No. 2 Partnership for a renewal of Permit No. 13108- 01 to authorize discharge of treated domestic wastewater effluent in phases, with the final phase not to exceed an average flow of 180,000 gallons per day, in Segment No. 0826 of the Trinity River Basin in Denton County, Texas. Recommendation: Dismissal of application. (Bill Zukauckas)

Adopt Examiner's Memorandum and Issue Order, JH/PG

CONTESTED (Public Water Supply Enforcement)

Item 16. Docket No. 94-0751-PWS-E. Agreed Order resolving an Enforcement Action against Bandera Water company for violations of the Texas Health and Safety Code, Chapter 341, Subchapter C, Chapter 13 of the Texas Water Code and the Rules of the Texas Natural Resource Conservation Commission: Assessing Administrative Penalties and requiring certain actions of Bandera Water Company in Bandera County. TERRY THOMPSON)

Issue Agreed Order, PG/JH

Item 17. Docket No. 95- 0050- PWS- E. Consideration of Agreed Order resolving an Enforcement Action against J. D. Malone dba Malone Water System for violations of the Texas Health and Safety Code, Chapter 341, Subchapter C and the Rules of the Texas Natural Resource Commission; Assessing administrative penalties and requiring certain actions of J. D. Malone dba Malone Water System. (Terry Thompson)

Issue Agreed Order, PG/JH

Item 18. Docket No. 95- 0082- PWS- E. Consideration of Agreed Order resolving an enforcement action against Anderson County Cedar Creek Water Supply Corporation for violations of the Texas Health and Safety Code, Chapter 341, Subchapter C, Chapter 13 of the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission; Assessing administrative penalties and requiring certain actions of Anderson County Cedar Creek Water Supply Corporation. (Terry Thompson)

Issue Agreed Order, PG/JH

CONTESTED (Setting Interim Rates)

Item 19. Docket No. 95-0226-UCR. Consideration of request by the Executive Director for Interim Rates in Tanglewood Water Co., Inc. In Grayson County; CCN NO. 30369 pending; (LESLIE BROWN/DIEGO ABREGO)

Approve agreement as recommended by staff, PG/JH

CONTESTED (Water Well Drillers Enforcements)

Item 20. Docket No. 95- 0210- WWD- E. Consideration of an Agreed Order Assessing Administrative Penalties and Requiring Certain Actions of Water Well Driller Claude Davis, License No. 2983W for violating 30 TAC Sec. 338- 44(2)(a) and Sections 32.005 and 32.010(a) of the Texas Water Code by failing to timely submit the State Well Reports for two wells, and failing to provide the required concrete slab or sealing block for two wells. (KATHY KEILS/STEVE WILEY).

Issue Agreed Order, PG/JH

Item 21. Docket No. 95- 0211- WWD- E. Consideration of an Agreed Order Assessing Administrative Penalties an Requiring Certain Actions of Water Well Driller John W. Kraatz, Jr., License No. 1986- W for violating Sec. 32.005 and Sec. 32.010(b)(2) of the Texas Water Code by failing to timely submit a State Well Report. (KATHY KEILS/STEVE WILEY).

Issue Agreed Order, PG/JH

Item 22. Docket No. 95- 0212- WWD- E. Consideration of an Agreed Order Assessing Administrative Penalties and Requiring Certain Actions of Water Well Driller Richard Keenan, License No. 1789W for violating Sec. 32.005 and Sec. 32.010(b)(2) of the Texas Water Code, and 30 TAC Sec. 338.44(1) by failing to timely submit 24 Sate Well Reports, and improperly completing two wells. (KATHY KEILS/STEVE WILEY).

Issue Agreed Order, PG/JH

Item 23. Docket No. 95- 0213- WWD- E. Consideration of an Agreed Order Assessing Administrative Penalties and Requiring Certain Actions of Larry Nance for violating Sec. 33.002(a) of the Texas Water Code, by installing a water well pump before obtaining his pump installers license. (KATHY KEILS/STEVE WILEY).

Issue Agreed Order, PG/JH

Item 24. Docket No. 95- 0214- WWD- E. Consideration of an Agreed Order Assessing Administrative Penalties and Requiring Certain Actions of Water Well Driller Tray Phelps, License No. 2739WP for violating the Texas Water Code, Sections 32.005 and 32.010, and 30 TAC Sections 338.44(1) and 340.9532.005(a) by falsifying 2 state well reports, failing to properly cement 2 wells, failing to maintain ethical standards, and performing incompetently. (KATHY KEILS/STEVE WILEY).

Issue Agreed Order, PG/JH

Item 25. Docket No. 95- 0215- WWD- E. Consideration of an Agreed Order of Water Well Driller Dickey Long, License No. 1462W for violating the Texas Water Code, Section 32.005 and 30 Texas Administrative Code (TAC) Sec. 338.44(1) and Sec. 338.44(2) by locating a well less than 150 feet horizontal distance from a septic system field line, failing to properly fill the annular space around the well casing, and failing to timely file a State Well Report. (KATHY KEILS/STEVE WILEY).

Issue Agreed Order, PG/JH

Item 26. Docket No. 95- 0216- WWD- E. Consideration of an Agreed Order Assessing Administrative Penalties and Requiring Certain Actions of Water Well Driller Joe Vernor, License No. 1867- W for violating the Texas Water Code, Sec. 32.005(a) and 30 TAC Sec. 338.44(2)(a) by failing to timely submit to the Commission a State Well Report, and failing to provide the required concrete slab or sealing block for one well. (KATHY KEILS/STEVE WILEY).

Issue Agreed Order, PG/JH

Item 27. Docket No. 95- 0222- WWD- E. Consideration of an Agreed Order Assessing Administrative Penalties and Requiring Certain Actions of Doyle Murphee for violating the Texas Water Code, Sec. 33.002(a) for unlicensed pump installation. (KATHY KEILS/STEVE WILEY).

Issue Agreed Order, PG/JH

Item 28. Docket No. 95- 0209- WWD- E. Consideration of an Agreed Order Assessing Administrative Penalties and Requiring Certain Actions of Water Well Driller Jesse H. Bain, License No. 1487WPK for violating 30 TAC Sec. 338.44(2)(a) and Sections 32.005 and 32.010(a) of the Texas Water Code by failing to timely submit the State Well Reports for two wells, failing to fill with cement the annular space between the well casing and the well bore, and failing to provide the required concrete slab or sealing block. (KATHY KEILS/STEVE WILEY).

Issue Agreed Order, PG/JH

CONTESTED (Sludge Enforcement)

Item 29. Docket No. 94- 0596- SLG- E. Consideration of a Texas Natural Resource Conservation Commission Agreed Order Assessing Administrative Penalties and Requiring Certain Actions of Russell D. Johnson dba Johnson Pump Company, TNRCC Registration No. 20432. (Merrilee Roberts)

Issue Agreed Order, PG/JH

CONTESTED (Municipal Waste Discharge Enforcement)

Item 30. Docket No. 95- 0153- MWD- E. Consideration of a Texas Natural Resource Conservation Commission Agreed Order Assessing Administrative Penalties and Requiring Certain Actions of J.D. & K.B. Patel dba Budget Inn, No TNRCC Permit. (Gene Snelson/Bill Main)

Issue Agreed Order, PG/JH

CONTESTED (Petroleum Storage Tank Enforcement)

Item 31. Docket No. 94- 0712- PST- E. Consideration of Executive Director's Default Order Requiring Certain Actions of G.B. Self Serve, Inc. and assessing administrative penalties. (Raymond Winter)

Issue Agreed Order with changes, PG/JH

Item 32. Docket No. 95- 0225- PST- E. Consideration of Agreed Order Assessing Administrative Penalties and Requiring Certain Actions of the Southland Corporation. (RAYMOND WINTER).

Issue Agreed Order, PG/JH

Item 33. Docket No. 95- 0191- PST- E. Consideration of a TNRCC Agreed Order pursuant to Texas Water Code Section 26.136 for violations of 30 Texas Administrative Code Section 334.50(b) assessing administrative penalties and requiring certain actions of Everhart Park, Ltd.; Enforcement Identification No. E10619. (Theresa Haan)

Issue Agreed Order, PG/JH

Item 34. Docket No. 95- 0192- PST- E. Consideration of the Executive Director's Preliminary Enforcement Report and Petition for a TNRCC Order Assessing Administrative Penalties and requiring certain actions of Big Tex Oil, Co, Enforcement Identification Number. E10276. Remand to Office of Hearings Examiners. (Mick Wilson)

Remand to Office Hearing Examiner's

CONTESTED (Industrial & Hazardous Waste Enforcement)

Item 35. Docket No. 94- 0730- MLM- E. Consideration of Agreed Order Resolving Violations under the Rules of the Texas Natural Resource Conservation Commission (TNRCC) Assessing Administrative Penalties and Requiring Certain Actions of Star Enterprise; SWR No. 30121 (Industrial & Hazardous Waste Enforcement). (SHANNON KILGORE/GILBERT ANGELLE).

Issue Agreed Order, PG/JH

CONTESTED (Municipal Solid Waste Enforcement)

Item 36. Docket No. 95- 0147- MSW- E. CONSIDERATION OF AGREED ORDER ASSESSING ADMINISTRATIVE PENALTIES AND REQUIRING CERTAIN ACTIONS OF T- B SOIL, INC.; UNAUTHORIZED SITE NO. 31177; (MARK VICKERY)

Issue Agreed Order, PG/JH

EXECUTIVE SESSION

Item 37. Docket No. 95-0231-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 38. Docket No. 95-0232-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.

CONTESTED OLD BUSINESS

Wednesday, February 1, 1995

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.

Room 201

Bldg E.

12118 N. Interstate 35

Item carried forward from Agenda of January 11, 1995.

Item 1. Docket No. 94-0811-MSW-E. Consideration of the Executive Director of the Texas Natural Resource Conservation Commission's Petition to Revoke Southern Tire Recyclers, Inc.'s Waste Tire Registrations Nos. 44077, 44100, 44121, and 79000, pertaining to municipal solid waste. (John Mead/Robin Smith)

Approve Staff Recommendation, PG/JH

Item carried forward from Agenda of January 11, 1995.

Item 2. Docket 95-0058-RUL. CONSIDERATION OF PROPOSED AMENDMENTS TO TITLE 30 TEXAS ADMINISTRATIVE CODE, CHAPTER 335, INDUSTRIAL SOLID WASTE AND MUNICIPAL HAZARDOUS WASTE RULES, RELATING TO CLASSIFICATION AND CODING REQUIREMENTS. (Stephanie Johnson)

Remand to Staff, PG/JH

Item carried forward from Agenda of January 18, 1995.

Item 3. Docket No. 95-0137-IWD. Commission will consider whether to modify, affirm, or set aside emergency order no. 95-0137-IWD, issued to Bethlehem Steele on January 4, 1995.

Modify Order as recommended by staff, PG/JH

EMERGENCY TO AGENDA

Wednesday, February 1, 1995

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

10:30 a.m.

Room 201S

Bldg E.

12118 N. Interstate 35

Item 39. Consideration of a request for an Emergency Order by EXXON CHEMICAL ASSET MANAGEMENT PARTNERSHIP to discharge retention basin water and once-through cooling water from the butadiene refrigeration skid to BOP clean stormwater system and Outfall 002 from their Baytown Olefins Plant. Outfall 002 discharges into an unnamed ditch; thence to West Fork of Goose Creek; thence to Goose Creek; thence to Tabs Bay in Segment No. 2426 of the Bays and Estuaries.

Continued to February 7, 1995 at 10:00 a.m.

This emergency order is necessary to alleviate potential flooding caused by the rupture of a 16- inch cooling water line on January 18, 1995 which resulted in the release of 1.5 to 2 million gallons of water into the retention basin. Flooding of the process areas could result in the discharge of contaminated water.