HALL

REED

GARNER

AGENDA

Wednesday, February 22, 1995

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.

Room 201S, Bldg E

12118 N Interstate 35

UNCONTESTED (Amendment to Class I Underground Injection Well)

Item 1. Docket No. 95-0300-UIC. APPLICATION BY GIBRALTAR CHEMICAL RESOURCES, INC. for a minor amendment to Permit No. WDW-229 which authorizes operation of a Class I underground injection well. The minor amendment will authorize an increase in the frequency of testing for fluid movement along the borehole of the well from once every five years to once every three years or whenever the injection tubing is pulled for maintenance, whichever comes first. The injection zone remains within the Woodbine Formation at the approximate subsurface depths of 4,850 to 5,490 feet below ground level. The authorized injection interval remains within the Dexter Sands of the Woodbine Formation at the approximate subsurface interval of 5,240 to 5,490 feet within the injection zone. The well is used for the disposal of hazardous and non-hazardous wastes generated by the permittee's facility and from other sources on a commercial basis. Waste disposal well WDW-229 is located on company property, approximately 1/2 mile north of I-35 on Highway 155, north of the City of Tyler, Smith County, Texas. (Alice Hamilton Rogers)

Approved, JH/PG

UNCONTESTED (District Matters)

Item 2. Docket No. 94- 0615- DIS. CONSIDERATION OF A PROPOSED ORDER APPROVING THE APPLICATION BY SIESTA SHORES WATER CONTROL & IMPROVEMENT DISTRICT OF ZAPATA COUNTY FOR APPROVAL OF $695,000 REVENUE BONDS, FIRST ISSUE, 5.00% NET EFFECTIVE INTEREST RATE, SERIES 1995. For Commission consideration. Applicant requests approval of a bond issue to finance the purchase of an existing water system and finance the construction of improvements to the system. (Robert Ferguson)

Approved, PR/PG

Item 3. Docket No. 94- 0621- DIS. CONSIDERATION OF A PROPOSED ORDER APPROVING THE APPLICATION BY HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 132 FOR APPROVAL OF $2,425,000 UNLIMITED TAX BONDS, 7.22% NET EFFECTIVE INTEREST RATE, SERIES 1995, FIFTH ISSUE. For Commission consideration. Applicant requests Commission approval for the issuance of $2,425,000 in unlimited tax bonds to finance construction of facilities within the District. (Robert Ferguson)

Approved, PR/PG

Item 4. Docket No. 94- 0608- DIS. CONSIDERATION OF A PROPOSED ORDER APPROVING THE APPLICATION BY HARRIS COUNTY WATER CONTROL AND IMPROVEMENT DISTRICT NO. 91 FOR APPROVAL OF $1,500,000 UNLIMITED TAX BONDS, FOURTH ISSUE, 7.004% NET EFFECTIVE INTEREST RATE, SERIES 1995. For Commission consideration. Applicant requests Commission approval of a bond issue to finance water supply improvements, water interconnect, removal of an existing wastewater treatment plant, and wastewater treatment plant capacity in a regional plant. (Robert Ferguson)

Approved, PR/PG

UNCONTESTED (Water Utility Matter)

Item 5. Docket No. 95- 0283- UCR. Approval of the Negotiated Settlement of Anderson Water System for a Rate/Tariff Change; Certificate of Convenience and Necessity (CCN) No. 11675 in Grimes County, Texas. (Application # 30629- R, Bernie Erwin & Bret Fenner)

Approved, PG/PR

UNCONTESTED (Settled Hearing)

Item 6. Docket No. 94-0713-UCR. Consideration of Examiner's Memorandum and Order concerning the application of Champ's Water Company, Inc. to increase retail water and sewer rates in Harris County, Texas. Applicant provides water and sewer service to approximately 195 customers. Recommendation: Adoption of agreement of parties. Alexandre Bourgeois

Approve Examiner's Memorandum and Issue Order, PR/PG

Item 7. Docket No. 95-0066-WR. Consideration of Examiner's Memorandum concerning the application of Lois C. Wessendorf, Joseph C. Wessendorf and OFH, Limited for Permit No. 5495 to authorize the construction of a dam in the South Fork Guadalupe River, in the Guadalupe River Basin, approximately six miles west-southwest of Kerrville, Kerr County, Texas. Application No. 5495; Recommendation: Issuance of Permit. Examiner: Nina Fantl

Approve Examiner's Memorandum, PR/PG

Item 8. Docket No. 95-0266-MWD. Consideration of Examiner's Memorandum concerning the application of Jesse W. Graham for Permit No. 13336-01 to authorize the discharge of 25,000 gallons per day of treated domestic wastewater effluent in Parker County, Texas, and Segment No. 0831 of the Trinity River Basin. Recommendation: Dismissal of application. (Examiner, Jim Bateman)

Approve Examiner's Memorandum, PR/PG

CONTESTED (Municipal Waste Discharge Enforcement)

Item 9. Docket No. 95- 0280- MWD- E. Consideration of a Texas Natural Resource Conservation Commission Agreed Order Assessing Administrative Penalties and Requiring Certain Actions of Ta- Shen Su, Trustee, No. TNRCC Permit. (Brian Lehmkuhle)

Issue Agreed Order, PG/PR

Item 10. Docket No. 95-0297-MWD-E. Consideration of a Texas Natural Resource Conservation Commission Agreed Order Requiring Certain Actions of City of Milford, TNRCC Permit No. 10730-01. (Lin Zhang)

Issue Agreed Order, PG/PR

Item 11. Docket No. 95-0261-MWD-E. Consideration of a Texas Natural Resource Conservation Commission Agreed Order Requiring Certain Actions of Azalea Place, Inc., TNRCC Permit No. 10825-001. (Brian Lehmkuhle)

Issue Agreed Order, PG/PR

CONTESTED (Industrial Hazardous Waste Enforcement)

Item 12. Docket No. 95- 0094- IHW- E. Consideration of the Executive Director's Preliminary Enforcement Report and Petition for a Texas Natural Resource Conservation Commission Order assessing administrative penalties and requiring certain actions of Prestige Plating Company; Solid Waste Registration No. 39401 (Lisa Roberts/Jim Fernandez)

Approve Staff Recommendation, PR/PG

CONTESTED (Wastewater Operator Certificate Enforcement)

Item 13. Docket No. 94- 0595- WOC- E. Consideration of a Texas Natural Resource Conservation Commission Agreed Order Assessing Administrative Penalties and Requiring Certain Actions of Ken Conatser, Wastewater Operator Certificate No. 429- 56- 5693. (Gene Snelson/Karen Honer)

Issue Agreed Order, PG/PR

CONTESTED (Public Water Supply Enforcement)

Item 14. Docket No. 95- 0031- PWS- E. Consideration of Agreed Order Resolving an Enforcement Action Against The City of Donna for Violations of The Texas Health and Safety Code, Chapter 341, Subchapter C and The Rules of The Texas Natural Resource Conservation Commission; Assessing Administrative Penalties and Requiring Certain Actions of The City of Donna.

Issue Agreed Order, PG/PR

CONTESTED (Agency Report)

Item 15. Docket Number 95- 0299- RPT. Discussion of an Agency Report on Enforcement Actions from various programs including Agriculture, Air, Industrial and Hazardous Waste, Municipal Solid Waste, Occupational Certification, Petroleum Storage Tanks, Watershed Management, and Water Utilities. The discussion will also include a description of enforcement backlogs and prioritization for backlog elimination. (John Riley)

No Action Required

CONTESTED (Municipal Solid Waste Advisory Council)

Item 16. Docket No. 95-0119-MSW. Consideration to appoint three individuals to the Municipal Solid Waste Management and Resource Recovery Advisory Council. (Gary Trim)

Approve appointments as recommended by staff, PG/PR

CONTESTED (Motion For Rehearing)

Item 17. Docket No. 95-0075-IWD. Commissioners will consider the Motion for Rehearing filed by Marathon Oil Company, concerning renewal of Industrial Wastewater Discharge Permit #00990. The Commission issued the order on Jan 12 1995 approving renewal of permit.

Grant Motion for Rehearing and approve changes to Permit as Recommended by Executive Director Staff, JH/PR

CONTESTED (Rules)

Item 18. Docket No. 95-0272-RUL. Consideration for adoption of amendments to Texas Natural Resource Conservation Commission 30 TAC Chapter O, Section 335.431, regarding the adoption by reference of certain federal regulations promulgated by the U.S. Environmental Protection Agency relating to hazardous waste land disposal restrictions, under Title 40 Code of Federal Regulations Part 268. The rules (1) include a major improvement in the land disposal restrictions program that simplifies and provides consistency in these requirements, through the promulgation of "universal" treatment standards; (2) establish treatment standards for certain newly listed and identified hazardous wastes; (3) prohibit injection into deep wells of high Total Organic Carbon ignitable wastes and Toxicity Characteristic organic pesticides unless they are treated to meet applicable treatment standards, or the deep well has received a no-migration variance; and (4) change requirements for land disposal of lab packs containing prohibited hazardous wastes, and simplify paperwork requirements. (Ray Henry Austin)

Adopt rules as recommended by staff, PR/JH, Peggy Garner absent for this item.

EXECUTIVE SESSION

Item 19. Docket No. 95-0319-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 20. Docket No. 95-0320-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.

OLD BUSINESS

Wednesday, February 22, 1995

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.

Room 201S, Bldg E

Item carried forward from agenda of February 1, 1995.

Item 1. 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)

Remanded back to Executive Director

Item carried forward from Agenda of February 7, 1995.

Item 2. Docket No. 95-0134-IWD. Consideration of Examiner's Proposal for Decision and Order concerning the application of Southern Star, Inc. and Hung's Group, Inc. for a temporary order to authorize discharge of effluent not to exceed a daily maximum of 4 million gallon per day (MGD) from a mariculture facility near Arroyo City in Cameron County, Texas, and Segment No. 2201 of the Nueces-Rio Grande Coastal Basin. (Leslie Craven)

Item to be considered with item 21.

ADDENDUM TO AGENDA

Wednesday, February 22, 1995

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.

Room 201S, Bldg E.

12118 N. Interstate 35

Item 21. Docket No. 95-0134-IWD. Consideration of Examiner's Proposal for Decision and Order concerning the application of Southern Star, Inc., and Hung's Group, Inc. for a temporary order to authorize discharge of effluent not to exceed a daily maximum of 4 million gallons per day from a mariculture facility near Arroyo City in Cameron County, Texas, and Segment No. 2201 of the Nueces-Rio Grande Coastal Basin. The Commission may consider and receive additional evidence concerning the application.

Application withdrawn at the request of the applicant, JH/PR, Peggy Garner absent on this item.