HALL

GARNER

REED EMERGENCY ADDENDUM TO AGENDA

Wednesday, February 8, 1995

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.

Red Lion Hotel

6121 N. Interstate 35 at U.S. 290

UNCONTESTED (Temporary Order)

Item 1. Docket No. 95-0218-MWD. APPLICATION BY CITY OF JACKSBORO for a Temporary Order to authorize the discharge of treated domestic wastewater effluent at a volume not to exceed an average flow of 650,000 gallons per day. The wastewater treatment facilities are approximately 1,500 feet north of U.S. Highway 281 and approximately 4,600 feet west of State Highway 148 in the City of Jacksboro in Jack County, Texas. The effluent is discharged into Little Cleveland Creek; thence to Johnson Lake; thence to Little Cleveland Creek; thence to North Creek; thence to the West Fork Trinity River Above Bridgeport Reservoir in Segment No. 0812 of the Trinity River Basin. The applicant has stated that this request is justified to prevent severe economic loss. (E.J. Bernacki)

Continued to Feb 15 at 9:30 a.m.

CONTESTED (Proposal for Decisions)

Item 2. Docket No. 94-0330-WR. Consideration of Examiner's Proposal for Decision concerning the application of Nancy Schaefer for Water Use Permit No. 5483, to divert not to exceed 630 acre- feet of water per annum for irrigation from Hondo Creek, a tributary of the Nueces River in the Nueces River Basin, Frio County, Texas. Recommendation: Denial of Authorization. (Bill Zukauckas)

Adopt Proposal for Decision, PG/PR

Item 3. Docket No. 94-0842-MSW. Consideration of Examiner's Proposal for Decision and Order concerning the application of Waste Management of Texas, Inc. for an amendment to Permit No. MSW 42A to authorize the operation of a municipal solid waste Type I site in Ellis and Dallas Counties, Texas. Applicant seeks authorization to expand its existing MSW Type I facility by approximately 594 acres. Recommendation: Denial of permit. (Linda Sorrells)

Denied Protestants Request that Exceptions be excluded and that applicants request to withdraw exceptions is overruled, JH/PR

Overrule Examiner's Proposal for Decision and Issue Order as drafted by the Executive Director, with changes as recommended by Commissioner Reed, and that the Applicant work with General Counsels Office to include language as recommended by Chairman Hall, PR/JH

EXECUTIVE SESSION

Item 4. Docket No. 95-0247-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 5. Docket No. 95-0248-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

Item 6. Docket No. 95-0260-EXE. The Commission will meet in Executive Session to discuss the appointment of the General Counsel, as permitted by Section 551.074 of the Texas Open Meetings Act, codified as Chapter 551 of the Government Code. The Commission may also meet in Open Session to consider the appointment of the General Counsel in accordance with Chapter 551 of the Government Code.

Dave Bolduc named as the General Counsel, JH/PR

(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.

THIS AGENDA IS BEING MOVED AND POSTED AS AN EMERGENCY DUE TO THE TNRCC NOT HAVING A FACILITY TO ACCOMMODATE THE LARGE CROWD ANTICIPATED TO SHOW FOR THIS AGENDA.