HALL

REED

GARNER AGENDA

Wednesday, March 8, 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- 0236- DIS. CONSIDERATION OF A PROPOSED ORDER APPROVING THE APPLICATION BY GREATER TEXOMA UTILITY AUTHORITY FOR APPROVAL OF $1,090,000 CONTRACT REVENUE BONDS, SERIES 1995, FOURTEENTH ISSUE; 5.70% NET EFFECTIVE INTEREST RATE; PURSUANT TO ACTS OF THE 66TH LEGISLATURE, CHAPTER 97, 1979, AS AMENDED, AND V.T.C.A., TEXAS WATER CODE SECTION 54.516. For Commission consideration. The Authority's application requests Commission approval to issue bonds through the Texas Water Development Board to finance improvements to the wastewater treatment facilities serving the City of Gainesville. (Robert Ferguson)

Approved, PG/PR

Item 2. Docket No. 95- 0237- DIS. CONSIDERATION OF A PROPOSED ORDER APPROVING THE APPLICATION BY TRAVIS COUNTY WATER CONTROL & IMPROVEMENT DISTRICT NO. 14 SOUTH VIEW ESTATES DEFINED AREA OF $460,000 IN COMBINATION UNLIMITED TAX AND REVENUE BONDS, SERIES 1995; 6.55% NET EFFECTIVE INTEREST RATE; V.T.C.A., TEXAS WATER CODE SECTION 51.421. For Commission consideration. The District's application requests Commission approval to issue bonds through the Texas Water Development Board to finance improvements to the District's existing water supply system to serve the South View Estates Defined Area. (Robert Ferguson)

Approved, PG/PR

Item 3. Docket No. 95- 0328- DIS. CONSIDERATION OF A PROPOSED ORDER APPROVING THE APPLICATION BY WESTBOURNE WATER CONTROL AND IMPROVEMENT DISTRICT OF HARRIS COUNTY REQUESTING APPROVAL OF A CHANGE OF DISTRICT'S NAME. For Commission consideration. District requests approval of the change of the District's name to Northpoint Water Control and Improvement District of Harris County. (Robert Ferguson)

Approved, PG/PR

UNCONTESTED (Water Utility Matters)

Item 4. Docket No. 95- 0337- UCR. Approval of City of Trinity to Transfer and Cancel Water CCN No. 10127 from Trinity Cove Improvement Association and amend its CCN No. 11739 in Trinity County, Texas. (Application # 30595- S, Debi Carlson)

Approved, PR/PG

Item 5. Docket No. 95- 0361- UCR. Approval of City of Huntington for a Water Certificate of Convenience and Necessity in Angelina County, Texas. (Application # 30178- C, Darrell Nichols)

Approved, PR/PG

Item 6. Docket No. 95- 0340- UCR. Approval of S S Water Supply Corporation (S S WSC) to amend Water Certificate of Convenience and Necessity No. 11489 and to decertify a portion of Oak Hills Water Supply Corporation (OHWSC), Certificate of Convenience and Necessity No. 10647 in Wilson County, Texas. (Application # 30612- C, Ana C. Lopez Portillo)

Approved, PR/PG

Item 7. Docket No. 95- 0327- UCR. Approval of Request to Cancel Water Certificate of Convenience and Necessity No. 12274 of Stan S. Payne dba Stan S. Payne Construction in Tarrant County, Texas. (Application # 30719- Q, Albert Holck)

Approved, PR/PG

Item 8. Docket No. 95- 0326- UCR. Approval of Orange County W.C.I.D. No. 1 to amend Water Certificate of Convenience and Necessity Number 10115 and Sewer Certificate of Convenience and Necessity Number 20048 in Orange County, Texas. (Application # 30602- C, 30603- C)

Approved, PR/PG

UNCONTESTED (Settled Hearings)

Item 9. Docket No. 95- 0079- UCR. Consideration of Examiner's Memorandum and Order concerning the application of Lost Cove Water Supply Corporation for a certificate of convenience and necessity to provide water service in Burnet County, Texas. Recommendation: Adoption of agreement of parties. (BILL ZUKAUCKAS)

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

CONTESTED (Municipal Solid Waste Enforcement)

Item 10. Docket No. 95-0338-MSW-E. Consideration of Agreed Order assessing administrative penalties and requiring certain actions of Republic/Maloy Landfill & Sanitation, Inc.; Permit No. 1195; (MARK VICKERY)

Issue Agreed Order, PG/PR

CONTESTED (Sludge Enforcement)

Item 11. Docket No. 95- 0304- SLG- E. Consideration of the appeal by Carl Miller to reconsider the executive director's decision to deny the application for a sludge registration, number 710681 in Fort Bend County, Texas. (Hoyt Seidensticker)

No Action Request

CONTESTED (Petroleum Storage Enforcement)

Item 12. Docket No. 95- 0336- 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 Gibbs Brothers and Company.; Enforcement Identification No. E10694. (Mick Wilson)

Issue Agreed Order, PR/PG

CONTESTED (Municipal Waste Discharge Enforcement)

Item 13. Docket No. 95- 0352- MWD- E. Consideration of a Texas Natural Resource Conservation Commission Agreed Order Assessing Administrative Penalties and Requiring Certain Actions of City of Elkhart, TNRCC Permit No. 10735- 001. (Lin Zhang/Guy Henry).

Issue Agreed Order, PG/PR

CONTESTED (Proposal for Decision)

Item 14. Docket No. 95-0262-MWD. Consideration of Examiner's Proposal for Decision and Order concerning the application of Texas Municipal Power Agency for an amendment to Permit No. 02460 to authorize discharge of wastewater in Grimes County, Texas and Segment No. 1209 of the Brazos River Basin. Recommendation: Issuance of permit. (NINA FANTL)

Adopt Examiner's Proposal for Decision, Issue Order with addition to order as recommended by the Public Interest Counsel and overrule all other exceptions, PG/PR

EXECUTIVE SESSION

Item 15. Docket No. 95-0401-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 16. Docket No. 95-0402-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 AGENDA

Wednesday, March 8, 1995

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.

Room 201S, Bldg E.

12118 N. Interstate 35

Item carried forward from Agenda of March 1, 1995.

Item 1. 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)

Adopt Examiner's Proposal for Decision and overrule all exceptions, PR/PG