Hall

Reed

Garner - Absent

AGENDA

Wednesday, March 22, 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. 94- 0599- DIS. CONSIDERATION OF A PROPOSED ORDER APPROVING THE APPLICATION BY REID ROAD MUNICIPAL UTILITY DISTRICT NO. 2 OF HARRIS COUNTY FOR APPROVAL OF $1,440,000 UNLIMITED TAX AND REVENUE BONDS, FOURTH ISSUE, 8.21% NET EFFECTIVE INTEREST RATE, SERIES 1995. For Commission consideration. Applicant requests approval of a bond issue to finance costs of water, wastewater & drainage facilities serving Legacy Park- Section 2, Harvest Bend- The Village, Section 4, and Round- Up Lane Extension; Storm drainage additions for Legacy Park and the extension adjacent to Fallbrook Drive; construction of lift station "A" with wastewater trunk and force main; land acquisition costs and construction costs of offsite detention pond- Phase I; drainage impact fees; and construction costs of a 211,000 gallon ground storage tank, a 20,000 gallon hydropneumatic tank, and 2- 1,000 gpm booster pump. (Robert Ferguson)

Approved, PR/JH

Item 2. Docket No. 95- 0404- DIS. CONSIDERATION OF A PROPOSED ORDER APPROVING THE APPLICATION BY HOMESTEAD MUNICIPAL UTILITY DISTRICT OF EL PASO COUNTY FOR ISSUANCE OF $450,000 UNLIMITED TAX AND REVENUE BONDS, SECOND ISSUE, 5.25% NET EFFECTIVE INTEREST RATE, SERIES 1995A. For Commission consideration. Applicant requests approval of the issuance of $450,000 in tax bonds to finance purchase and construction of District infrastructure facilities. (Robert Ferguson)

Approved, PR/JH

Item 3. Docket No. 95- 0419- DIS. CONSIDERATION OF A PROPOSED ORDER APPROVING THE APPLICATION BY LAKEWAY MUNICIPAL UTILITY DISTRICT OF TRAVIS COUNTY FOR AMENDMENT OF ORDER DATED JANUARY 24, 1995 APPROVING $2,200,000 UNLIMITED TAX BONDS, ELEVENTH ISSUE. For Commission consideration. Applicant requests approval of an amendment to the order approving the bond issue to reflect the sale of the bonds to the public in lieu of to the Texas Water Development Board. (Robert Ferguson)

Approved, PR/JH

UNCONTESTED (Water Utilities)

Item 4. Docket No. 95- 0415- UCR. Approval of Los Ojuelos Water Company, Inc. to discontinue water utility service in Webb County, Texas. (Application # 30675- Q, Darrell Nichols)

Approved, PR/JH

Item 5. Docket No. 95- 0318- UCR. Approval of Jackson Water Supply Corporation to amend Water Certificate of Convenience and Necessity Number 10763 in Smith County, Texas. (Application # 30674- C, Albert Holck)

Approved, PR/JH

Item 6. Docket No. 95- 0413- UCR. Approval of the City of San Benito to Amend Sewer Certificate of Convenience and Necessity Number 20211 by Decertifying and Adding Service Area; and by Decertifying Portions of Sewer Service Area for CCN Number 20756 issued to the City of Harlingen in Cameron County, Texas. (Application # 30589- C, Guillermo Zevallos)

Approved, PR/JH

Item 7. Docket No. 95-0414-UCR. Approval of the City of San Benito to Amend Water Certificate of Convenience and Necessity Number 10539 by Decertifying and Adding Service Area; and by Decertifying Portions of Water Service Area for CCN Number 11875, issued to the City of Harlingen, and portions of Water Service Area for CCN Number 11552 issued to East Rio Hondo Water Supply Corporation in Cameron County, Texas. (Application # 30588- C, Guillermo Zevallos)

Approved, PR/JH

UNCONTESTED (Settled Hearings)

Item 8. Docket No. 95-0430-UCR. Consideration of Examiner's Memorandum and Order concerning the applications of Britmore Utility, Inc., Creekside Utilities, Inc., Redwood Utilities, Inc. and Peek Road Utilities, Inc. to increase retail water and sewer rates in Harris County, Texas. Applications Nos. 30470- R through 30473- R. Applicants provide retail water and sewer service to approximately 800 customers. Recommendation: Adoption of agreement of parties. (Linda Sorrells)

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

Item 9. Docket Nos. 94- 0692- UCR and 94- 0693- UCR. Consideration of Examiner's Memorandum and Order concerning the applications of Crystal Springs Water Company, Inc. to decertify portions of CCNs Nos. 10963 and 11473, to transfer those areas to CCN No. 11373, and to add other uncertificated areas to the service area of CCN No. 11373, which authorizes the holder to provide water service in Montgomery County, Texas. Recommendation: Adoption of agreement of parties. (Mike Rogan)

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

Item 10. Docket No. 94-0449-UCR. Consideration of Examiner's Memorandum and Order concerning the petition against the City of Glenn Heights from the City of Oak Leaf on behalf of out- of- city ratepayers for retail water service in Dallas County, Texas. Recommendation: Dismissal of petition with prejudice, at motion of petitioners. (Mike Rogan)

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

CONTESTED (Municipal Waste Discharge Enforcement)

Item 11. Docket No. 95- 0441- MWD- E. Consideration of a Texas Natural Resource Conservation Commission Order Assessing Administrative Penalties and Requiring Certain Actions of the City of Nome, TNRCC Permit No. 11564- 001. (Mary E. Smith)

Issue Order as Recommended by Staff, PR/JH

Item 12. Docket No. 95- 0442- MWD- E. Consideration of a Texas Natural Resource Conservation Commission Agreed Order Assessing Administrative Penalties and Requiring Certain Actions of City of Cumby, No TNRCC Permits. (Carla Thomas)

Issue Agreed Order, PR/JH

Item 13. Docket No. 95- 0188- MWD- E. Consideration of Executive Director's Preliminary Assessment of Substantial Noncompliance and Order Finding Substantial Noncompliances and Finding No Further Necessary Action Pursuant to the Texas Water Code Section 5.117 for Texas Pipe Threaders Company, 02528; City of Canyon, 10073- 001; Kirby Forest Industries, Inc., 12677- 001; City of Bells, 10126- 001; City of Lindale, 10412- 02; City of Lott, 10017- 01; South Coast Terminals, Inc., 03150; City of West Columbia, 10312- 001; City of Moulton, 10227- 001; Harris County Detention Center, 10104- 001; City of Flatonia, 10101- 001; Conoco, Inc., 02741; and Frito- Lay, Inc., 02443. (Ray Winter, Laurie Eaves).

Issue Orders as recommended by staff, PR/JH

CONTESTED (Petroleum Storage Tank Enforcement)

Item 14. Docket No. 95- 0416- 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 Mr. Shawn Humpries.; Enforcement Identification No. E10787. (Mick Wilson)

Issue Agreed Order, PR/JH

CONTESTED (Air Quality Enforcement)

Item 15. Docket No. 95- 0154- AIR- E. Consideration of a TNRCC Agreed Order Requiring Certain Actions of Airdyne, Inc., Account No. HG- 4999- N, for Air Quality violations. (Kerri Rowland)

Issue Agreed Order, PR/JH

Item 16. Docket No. 95- 0155- AIR- E. Consideration of a TNRCC Agreed Order Requiring Certain Actions of American Accents, Inc., Account No. BL- 0435- G, for Air Quality violations. (Kerri Rowland)

Issue Agreed Order, PR/JH

Item 17. Docket No. 95- 0156- AIR- E. Consideration of a TNRCC Agreed Order Assessing Administrative Penalties and Requiring Certain Actions of APAC- Texas, Inc., Account No. DB- 0957- T, for Air Quality violations. (Kerri Rowland)

Issue Agreed Order, PR/JH

Item 18. Docket No. 95- 0158- AIR- E. Consideration of a TNRCC Agreed Order assessing administrative penalties and requiring certain actions of CJC Holdings, Incorporated d/b/a Art Carved; Account No. TH- 0108- N, for Air Quality violations (Geoff Petrov).

Issue Agreed Order, PR/JH

Item 19. Docket No. 95- 0159- AIR- E. Consideration of a TNRCC Agreed Order assessing administrative penalties and requiring certain actions of Groendyke Transport, Incorporated; Account No. HG- 1457- G, for Air Quality violations (Geoff Petrov).

Issue Agreed Order, PR/JH

Item 20. Docket No. 95- 0160- AIR- E. Consideration of a TNRCC Agreed Order assessing administrative penalties and requiring certain actions of Groendyke Transport, Incorporated; Account No. PG- 0049- B, for Air Quality violations (Geoff Petrov).

Issue Agreed Order, PR/JH

Item 21. Docket No. 95- 0161- AIR- E. Consideration of a TNRCC Agreed Order assessing administrative penalties and requiring certain actions of Groendyke Transport, Incorporated; Account No. GJ- 0193- N, for Air Quality violations (Geoff Petrov).

Issue Agreed Order, PR/JH

Item 22. Docket No. 95- 0162- AIR- E. Consideration of a TNRCC Agreed Order assessing administrative penalties and requiring certain actions of Groendyke Transport, Incorporated; Account No. BL- 0394- S, for Air Quality violations. (Geoff Petrov)

Issue Agreed Order, PR/JH

Item 23. Docket No. 95- 0163- AIR- E. Consideration of a TNRCC Agreed Enforcement Order requiring certain action of Robert and June Carroll; Account No. LC- 0017- L for Air Quality violations. (Rachael Rawlins)

Issue Agreed Order, PR/JH

Item 24. Docket No. 95- 0164- AIR- E. Consideration of a TNRCC Agreed Order assessing administrative penalties and requiring certain actions of Enron Methanol Company; Account No. HG- 0713- S for Air Quality violations. (Rachael Rawlins)

Issue Agreed Order, PR/JH

Item 25. Docket No. 95- 0165- AIR- E. Consideration of a TNRCC Agreed Enforcement Order requiring certain actions of Exxon Chemical Company; Account No. CI- 0009- P for Air Quality violations (Rachael Rawlins).

Issue Agreed Order, PR/JH

Item 26. Docket No. 95- 0166- AIR- E. Consideration of a TNRCC Agreed Order and assessing administrative penalties and requiring certain actions of Farmland Industries; Account No. HG- 0761- H for Air Quality violations. (Rachael Rawlins)

Issue Agreed Order, PR/JH

Item 27. Docket No. 95- 0167- AIR- E. Consideration of a TNRCC Agreed Order assessing administrative penalties and requiring certain actions of H&M Food Systems; Account No. TA- 0324- N for Air Quality violations. (Rachael Rawlins)

Issue Agreed Order, PR/JH

Item 28. Docket No. 95- 0168- AIR- E. Consideration of a TNRCC Agreed Order and assessing administrative penalties and requiring certain actions of Imperial Fabricating Inc.; Account No. WN- 0061- R for Air Quality violations. (Rachael Rawlins)

Issue Agreed Order, PR/JH

Item 29. Docket No. 95- 0169- AIR- E. Consideration of a TNRCC Agreed Order requiring certain actions of Martindale Feed Mill; Account No. CV- 0020- J for Air Quality violations (Rachael Rawlins).

Issue Agreed Order, PR/JH

Item 30. Docket No. 95- 0170- AIR- E. Consideration of a TNRCC Agreed Order assessing administrative penalties and requiring certain actions of Pioneer Concrete of Texas, Incorporated; Account No. TA- 0289- M, for Air Quality violations (Lisa Uselton).

Issue Agreed Order, PR/JH

Item 31. Docket No. 95- 0171- AIR- E. Consideration of a TNRCC Agreed Order assessing administrative penalties and requiring certain actions of Rangen Inc.; Account No. BL- 0383- A for Air Quality violations (Rachael Rawlins).

Issue Agreed Order, PR/JH

Item 32. Docket No. 95- 0172- AIR- E. Consideration of a TNRCC Agreed Order assessing administrative penalties and requiring certain actions of Border Lite, Inc. Account No. SM- 0040- W, for Air Quality violations. (Janis Hudson)

Issue Agreed Order, PR/JH

Item 33. Docket No. 95- 0173- AIR- E. Consideration of a TNRCC Agreed Order assessing administrative penalties and requiring certain actions of Composite Technology Engine Components; Account No. HK- 0044- D, for Air Quality violations. (Janis Hudson)

Issue Agreed Order, PR/JH

Item 34. Docket No. 95- 0174- AIR- E. Consideration of a TNRCC Agreed Order assessing administrative penalties and requiring certain actions of Trinity Industries, Incorporated; Account No. JE- 0325- J, for Air Quality violations. (Walter Ehresman)

Issue Agreed Order, PR/JH

Item 35. Docket No. 95- 0175- AIR- E. Consideration of a TNRCC Agreed Order Requiring Certain Actions of James Manufacturing, Inc., Account No. NB- 0016- N, for Air Quality violations. (Kerri Rowland)

Issue Agreed Order, PR/JH

Item 36. Docket No. 95- 0176- AIR- E. Consideration of a TNRCC Agreed Order assessing administrative penalties and requiring certain actions of Old Soldier, Ltd., Account No. WE- 0087- B, for Air Quality violations. (Janis Hudson)

Issue Agreed Order, PR/JH

Item 37. Docket No. 95- 0177- AIR- E. Consideration of a TNRCC Agreed Order assessing administrative penalties and requiring certain actions of Owens- Brockway Glass Container, Incorporated; Account No. MB- 0095- I, for Air Quality violations. (Lisa Uselton)

Issue Agreed Order, PR/JH

Item 38. Docket No. 95- 0178- AIR- E. Consideration of a TNRCC Agreed Order assessing administrative penalties and requiring certain actions of Owens- Corning Fiberglass Corporation; Account No. DB- 0632- E, for Air Quality violations. (Lisa Uselton)

Issue Agreed Order, PR/JH

Item 39. Docket No. 95- 0179- AIR- E. Consideration of a TNRCC Agreed Order requiring certain actions of OEM, Incorporated; Account No. TA- 1268- O, for Air Quality violations. (Lisa Uselton)

Issue Agreed Order, PR/JH

Item 40. Docket No. 95- 0180- AIR- E. Consideration of a TNRCC Agreed Order assessing administrative penalties and requiring certain actions of Star Enterprise, Account No. JE- 0093- H, for Air Quality violations (Lisa Uselton).

Issue Agreed Order, PR/JH

Item 41. Docket No. 95- 0181- AIR- E. Consideration of a TNRCC Agreed Order assessing administrative penalties and requiring certain actions of Zee Manufacturing; Account No. BG- 0539- U, for Air Quality violations (Lisa Uselton).

Issue Agreed Order, PR/JH

Item 42. Docket No. 95- 0182- AIR- E. Consideration of a TNRCC Agreed Order assessing administrative penalties and requiring certain actions of M.W. Petroleum Corporation; Account No. BL- 0004- O, for Air Quality violations. (Lisa Uselton)

Issue Agreed Order, PR/JH

Item 43. Docket No. 95- 0183- AIR- E. Consideration of a TNRCC Agreed Order assessing administrative penalties and requiring certain actions of American Signature; Account No. DB- 0772- K, for Air Quality violations. (Patricia Ann Hershey)

Issue Agreed Order, PR/JH

Item 44. Docket No. 95- 0184- AIR- E. Consideration of a TNRCC Agreed Order assessing administrative penalties and requiring certain actions of Huntsman Chemical Corporation; Account No. HG- 3307- M, for Air Quality violations (Peter Gregg).

Issue Agreed Order, PR/JH

Item 45. Docket No. 95- 0185- AIR- E. Consideration of a TNRCC Agreed Order assessing administrative penalties and requiring certain actions of Miles, Inc.; Account No. HG- 0188- R, for Air Quality violations (Peter Gregg).

Issue Agreed Order, PR/JH

Item 46. Docket No. 95- 0186- AIR- E. Consideration of a TNRCC Agreed Order requiring certain actions of W.A. McKenzie Asphalt Company; Account No. HV- 0040- C, for Air Quality violations (Peter Gregg).

Issue Agreed Order, PR/JH

Item 47. Docket No. 95- 0189- AIR- E. Consideration of a TNRCC Agreed Order assessing administrative penalties and requiring certain actions of Pioneer Concrete of Texas; Account No. DB- 0552- D for Air Quality violations. (Rachael Rawlins)

Issue Agreed Order, PR/JH

CONTESTED (Rule)

Item 48. Docket No. 95- 0421- RUL. CONSIDERATION FOR ADOPTION OF AMENDMENTS TO 30 T.A.C. CHAPTER 305, SUBCHAPTER D, SECTION 305.69, CONCERNING SOLID WASTE PERMIT MODIFICATION AT THE REQUEST OF THE PERMITTEE. IF APPROVED, THE AMENDMENT WOULD CLARIFY THE PERMITTEES' REQUIREMENT TO INCLUDE THE OPPORTUNITY FOR HEARING IN THEIR NOTICE OF A CLASS 3 PERMIT MODIFICATION AND SUBMIT EVIDENCE OF THAT PUBLIC NOTICE. FURTHER, THE AMENDMENTS MAKE CORRECTIONS TO DESIGNATIONS AND CITATIONS THROUGHOUT THE SECTION. (SUSIE FRIZLEN)

Adopt Rules as recommended by staff, PR/JH

CONTESTED (Proposal for Decisions)

Item 49. Docket No. 95-0432-UCR. Consideration of Examiner's Proposal for Decision concerning the petition of City of Arlington appealing the wastewater rates as calculated by the City of Fort Worth for the rate years 1990- 91 and 1991- 92. Recommendation: Denial of petition. (Tommy Broyles)

Adopt Examiner's Proposal for Decision and approve modifications and overrule all exceptions, PR/JH

Item 50. Docket No. 95-0265-UCR. Consideration of Examiner's Proposal for Decision and Order concerning the petition of Bartonville Water Supply Corporation for a cease and desist order against the City of Highland Village. Petitioner provides retail water service in Denton County, Texas. Recommendation: Order petitioner to render continuous and adequate service within its service area and order the City of Highland Village to continue providing water utility service to disputed area until petitioner initiates service; upon initiation of service by the petitioner, Highland Village shall cease providing water utility service to the disputed area. (Carol Wood)

Adopt Proposal for Decision and Issue Order, PR/JH

EXECUTIVE SESSION

Item 51. Docket No. 95-0464-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 52. Docket No. 95-0465-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.

ADDENDUM TO AGENDA

Wednesday, March 22, 1995

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.

Bldg E. Room 201S

12118 N. Interstate 35

Item 53. Docket No. 95-0499-UCR. Approval of Bexar Metropolitan Water District to Transfer Water CCN No. 12082 from Waterwood Utilities, Inc.; Amend Water CCN No. 10675; and Cancel Water CCN No. 12082 in Bexar County, Texas. (Application # 30709- S, Guillermo Zevallos)

Approve, PR/JH

Item 54. Docket No. 95-0500-UCR. Approval of Bexar Metropolitan Water District to Transfer Water CCN No. 10650 from Water Services III, Inc; Amend Water CCN No. 10675; and Cancel Water CCN No. 10650 in Bexar and Atascosa Counties, Texas. (Application # 30711-S, Guillermo Zevallos)

Approve, PR/JH