GARNER
REED - ABSENT FOR ITEM 1 - 10
AGENDA
Wednesday, March 1, 1995
TEXAS NATURAL RESOURCE CONSERVATION COMMISSION
9:30 a.m.
Bldg E., Room 201S
12118 N. Interstate 35
UNCONTESTED (District Matters)
Item 1. Docket No. 95- 0315- DIS. CONSIDERATION OF A PROPOSED ORDER APPROVING THE APPLICATION BY TRAVIS COUNTY WATER CONTROL & IMPROVEMENT DISTRICT NO. 17 COMANCHE TRAIL DEFINED AREA FOR EXTENSION OF BOND APPROVAL; $70,000 BOND ISSUE APPROVED MARCH 8, 1994; V.T.C.A., TEXAS WATER CODE, SECTION 51.421. For Commission consideration. Applicant requests that the Commission grant a one year extension of the approval to sell bonds to finance the engineering costs for the Comanche Trail Water System Improvement Project. (Robert Ferguson)
Approved, PG/JH
Item 2. Docket No. 94- 0717- DIS. CONSIDERATION OF A PROPOSED ORDER APPROVING THE APPLICATION BY FREER WATER CONTROL AND IMPROVEMENT DISTRICT OF DUVAL COUNTY FOR APPROVAL OF $205,000 REVENUE BONDS, SECOND ISSUE, 5.125% NET EFFECTIVE INTEREST RATE, SERIES 1995. For Commission consideration. Applicant requests Commission approval of a bond issue to finance the rehabilitation of a standpipe. (Robert Ferguson)
Approved, PG/JH
Item 3. Docket No. 94- 0614- DIS. CONSIDERATION OF A PROPOSED ORDER APPROVING THE APPLICATION BY HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 55 FOR $830,000 UNLIMITED TAX BONDS, THIRTEENTH ISSUE, 6.72% NET EFFECTIVE INTEREST RATE, SERIES 1995. For Commission consideration. Applicant requests Commission approval of a bond issue to finance a pro rata share of an ultraviolet disinfection system and plant improvements at the Blackhawk regional wastewater treatment plant. (Robert Ferguson)
Approved, PG/JH
Item 4. Docket No. 94- 0628- DIS. CONSIDERATION OF A PROPOSED ORDER APPROVING THE APPLICATION BY HARRIS COUNTY UTILITY DISTRICT NO. 14 FOR APPROVAL OF THE LEVY OF A STANDBY FEE. For Commission consideration. Applicant requests approval of an operations and maintenance standby fee of $72.60 per ESFC per year and a debt service standby fee of $106.71 for tier 1 and $44.39 for tier 2. (Robert Ferguson)
Approved, PG/JH
Item 5. Docket No. 95- 0242- DIS. CONSIDERATION OF A PROPOSED ORDER APPROVING THE APPLICATION BY HARRIS COUNTY IMPROVEMENT DISTRICT NO. 1 FOR APPOINTMENT OF DIRECTORS. For Commission consideration. Applicant requests appointment of Martin Debrovner and Stewart Morris as directors. (Robert Ferguson)
Approved, PG/JH
UNCONTESTED (Water Utility Matters)
Item 6. Docket No. 95- 0293- UCR. Approval of Military Highway WSC, CCN No. 10551, to Transfer and to Cancel Water CCN No. 12609 from Progresso WSC in Hidalgo County, Texas. (Application No. 30486- S, Darrell Nichols) Approval of Military Highway WSC to Amend CCN No. 10551 in Hidalgo County. (Application No. 30487- C, Darrell Nichols)
Approved, PG/JH
UNCONTESTED (Settled Hearing)
Item 7. Docket No. 94-0342-MWD. Consideration of Examiner's Memorandum concerning the application of the City of Pflugerville for a renewal of Permit No. 11845- 02 which authorizes a discharge of 2,500,000 gallons per day of treated domestic wastewater effluent in Travis County, Texas, and Segment No. 1428 of the Colorado River Basin. Recommendation: Issuance of permit. (Alexandre Bourgeois)
Adopt Examiners Memorandum and issue Permit, PG/JH
UNCONTESTED (On-Site Disposal Systems)
Item 8. Docket No. 95-0316-OSS. Application by the City Of Lucas to regulate on-site disposal systems within their jurisdiction.
Approved, PG/JH
Item 9. Docket No. 95-0317-OSS. Application by the Town of Shady Shores to regulate on-site disposal systems within their jurisdiction.
Approved, PG/JH
CONTESTED (Municipal Waste Discharge Enforcement)
Item 10. Docket No. 95-0238-MWD. Consideration of a Texas Natural Resource Conservation Commission Agreed Order Assessing Administrative Penalties and Requiring Certain Actions of City of Weslaco, No TNRCC Permit. (Leah Manning/Laurie Eaves)
Issue Agreed Order, PG/JH
CONTESTED (Utility Matter, Interim Rates)
Item 11. Docket No. 95- 0294- UCR. Consideration of Request by the Executive Director for Interim Rates in Big Lakes Utilities, Inc. in Gregg County; CCN No. 20632 pending. (Maria Sanchez/Mary Jane Ford)
Approve Interim Rates as recommended by staff, PG/PR
CONTESTED (Sludge Enforcement)
Item 12. Docket No. 94- 0347- SLG- E. Consideration of an Amended Agreed Order Discharging an Obligation of the Estate of Mr. Lee Wilkerson, SWR Number 21873, to Pay Administrative Penalties and Terminating the Prior Agreed Order Entered in this Matter. (Paul Sarahan)
Approve amended agreed order, PR/PG
CONTESTED (Petroleum Storage Tank Enforcement)
Item 13. Docket No. 95- 0288- 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 Bolton Oil Company.; Enforcement Identification No. E10896. (Craig Carson)
Issue Agreed Order, PR/PG
Item 14. Docket No. 95- 0289- 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 C.L. Thomas Petroleum, Inc.; Enforcement Identification No. E10538. (Craig Carson)
Issue Agreed Order, PR/PG
CONTESTED (Rule)
Item 15. Docket No. 95- 0276- RUL. Consideration for adoption of amendments to 30 TAC Chapter 116, Subchapter B, Section 116.160, regarding Prevention of Significant Deterioration Review; Subchapter C, Section 116.211, regarding Permit Exemptions; Standard Exemption 7, regarding boilers, heaters, and furnaces; Standard Exemption 25, regarding batch mixers; Standard Exemption 105, regarding woodworking facilities; Standard Exemption 108, regarding portable pipe reactors; Standard Exemption 110, regarding municipal solid waste landfills; and appropriate revisions to the State Implementation Plan. (Jeff Saitas)
Adopt amendments, PR/JH
CONTESTED (Proposal For Decisions)
Item 16. Docket No. 94-0762-PST. Consideration of Examiner's Proposal for Decision concerning the Petition of Texas Commerce Bank N.A. as Trustee of the Legare Bethea Trust L for reimbursement from the Petroleum Storage Tank Remediation Fund. The Petitioner seeks reimbursement in the amount of $56,440.19 for expenses incurred in connection with a petroleum storage tank cleanup and removal in Jefferson County, Texas. Recommendation: Denial of Petition. (Patricia Robards)
Continued to March 8, 1995
Item 17. Docket No. 95-0230-IWD. Consideration of Examiner's Proposal for Decision and Order concerning the application of Enterprise Products Company for renewal and amendment of Permit No. 02940 to authorize the discharge of industrial wastewater effluent and untreated stormwater from three outfalls in Chambers County, Texas, and Segment No. 0901 of the Trinity- San Jacinto Coastal River Basin. The proposed amendment will authorize (1) an increase in the discharge of treated process wastewater, treated stormwater, cooling tower blowdown and filter backwash from a volume not to exceed an average flow of 142,000 gallons per day (gpd) to a volume not to exceed an average flow of 213,000 gpd; (2) an increase in the discharge of non- contact cooling water, cooling tower blowdown and filter backwash from a volume not to exceed an average flow of 144,000 gpd to a volume not to exceed an average flow of 250,000 gpd; (3) the rerouting of waters from Outfall 002 to Outfall 001 under certain conditions; and (4) the changing of testing parameters from chemical oxygen demand to total organic carbon. The proposed amendment will also enforce more stringent limitations as needed, in order to meet existing applicable rules and regulations. The permit currently authorizes an intermittent flow variable discharge of untreated stormwater via Outfall 003. RECOMMENDATION: Issuance of permit. (SYLVIA McCLELLAN)
Approve Proposal for Decision and issue order as amended, PG/PR, Chairman Hall absent for this item.
EXECUTIVE SESSION
Item 18. Docket No. 95-0331-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 19. Docket No. 95-0332-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
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