REED
GARNER
AGENDA
Wednesday, March 29, 1995
TEXAS NATURAL RESOURCE CONSERVATION COMMISSION
9:30 a.m.
Bldg E., Room 201S
12118 N. Interstate 35
UNCONTESTED (Class 2 Modification)
Item 1. Docket No. 95-0473-IHW. Consideration of an application by ROLLINS ENVIRONMENTAL SERVICES (TX), INC. for a Class 2 permit modification to Permit No. HW-50089-001 in accordance with 30 TAC Section 305.69. The permit authorizes operation of a commercial industrial and hazardous waste storage, processing, and disposal facility for the management of hazardous, Class 1, and Class 2 industrial solid waste. The permit modification authorizes the facility to handle cyanide and sulfide containing wastes at concentrations greater than 10 percent. The facility is located at 2027 Battleground Road in Deer Park, Harris County, Texas.
Approved, PG/PR
UNCONTESTED (Amendment to Landfill Permit)
Item 2. Docket No. 95-0350-MSW. Application of Sanifill of Texas, Inc. for amended Permit No. MSW 1535- A to authorize an existing Type I landfill to expand laterally to include an additional 169 acres, to increase the height of aerial fill and to decrease the depth of fill. The facility stores, processes and disposes of municipal solid waste, special wastes and non- hazardous industrial wastes and would receive waste at a rate averaging 1450 tons per day in Baytown, Chambers County, Texas. (Jim Phillips)
Approved, PG/PR
UNCONTESTED (On-Site Sewage Facilities)
Item 3. Docket No. 95-0475-OSS. Application by the City of Willow Park to regulate on-site disposal systems within their jurisdiction.
Approved, PR/PG
Item 4. Docket No. 95-0476-OSS. Application by the City of McLendon-Chisholm to regulate on-site disposal systems within their jurisdiction.
Approved, PR/PG
Item 5. Docket No. 95-O477-OSS. Application by Lamar County to regulate on-site disposal systems within their jurisdiction.
Approved, PR/PG
Item 6. Docket No. 95-0478-OSS. Application by Cameron County to regulate on-site disposal systems within their jurisdiction.
Approved, PR/PG
UNCONTESTED (Superfund Contract)
Item 7. Docket No. 95- 0481- SPF. Consideration of authorizing the Executive Director to execute a contract with Roy F. Weston, Inc., for construction oversight services during the Phase B Industrial Remediation at the United Creosoting Superfund Site. (LaReine Pound)
Approve Staff Recommendation, JH/PR
CONTESTED (Municipal Waste Discharge Enforcement)
Item 8. Docket No. 95- 0480- MWD- E. Consideration of an Agreed Order Requiring Certain Actions of Resolution Trust Corporation as Receiver for Deep East Texas Savings Association, No Permit, for violating Section 26.121 of the Texas Water Code. (Kathy Keils/Pam Campbell)
Issue Agreed Order, PG/PR
Item 9. Docket No. 94- 0376- MWD- E. Consideration of an Agreed Order Assessing Administrative Penalties and Requiring Certain Actions of City of Shiner. (Raymond Winter)
Issue Agreed Order, PG/PR
Item 10. Docket No. 94- 0733- MWD- E. Consideration of a Texas Natural Resource Conservation Commission Agreed Order Assessing Administrative Penalties and Requiring Certain Actions of Harris County Fresh Water Supply District No. 6 of Harris County, TNRCC Permit No. 10184- 001. (Guy Henry)
Issue Agreed Order, PG/PR
CONTESTED (Industrial Waste Discharge Enforcement)
Item 11. Docket No. 94- 0258- IWD- E. Consideration of an Agreed Order Requiring Certain Actions of Ameri- Forge Corporation, No Permit, for violating Section 26.121 of the Texas Water Code. (Kathy Keils/Carla Thomas)
Issue Agreed Order, PG/PR
CONTESTED (Industrial Hazardous Waste Enforcement)
Item 12. Docket No. 95- 0483- IHW- E. Consideration of The Executive Director's Request for a Remand to the Office of Hearings Examiners for the Purpose of Determining the Ability of The Final Touch in Plating, S.W.R. No. 81574, to Pay the Penalty Proposed in the Executive Director's Preliminary Enforcement Report dated May 9, 1994. (Laura Ray)
Remand to Office Hearing Examiners
CONTESTED (Industrial Solid Waste Enforcement)
Item 13. Docket No. 94- 0338- ISW- E. Consideration of an Agreed Order Assessing Administrative Penalties and Requiring Certain Actions of Quantum Chemical Corporation. (Raymond Winter)
Issue Agreed Order, PG/PR
CONTESTED (Water Operator Certification Enforcement)
Item 14. Docket No. 94- 0533- WOC- E. Consideration of a Texas Natural Resource Conservation Commission Agreed Order Assessing Administrative Penalties and Revoking Operator Certificate No. 464- 48- 3953 held by O.J. Savage of Fannin County, Texas. (Guy Henry)
Issue Agreed Order, PG/PR
Item 15. Docket No. 95- 0479- WOC- E. Consideration of an Agreed Order Requiring Certain Actions of Michael Elder for violating 30 Texas Administrative Code Section 325.7. (Kathy Keils/Bill Main/Robert Tinstman)
Issue Agreed Order, PG/PR
CONTESTED (Petroleum Storage Tank Enforcement)
Item 16. Docket No. 94- 0333- PST- E. Consideration of an Agreed Order Assessing Administrative Penalties and Requiring Certain Actions of Montgomery Constructors, Inc. (Raymond Winter)
Issue Agreed Order, PR/PG
Item 17. Docket No. 94- 0163- PST- E. Consideration of an Agreed Order Assessing Administrative Penalties and Requiring Certain Actions of Fuel Tank Contractors and Environmental, Inc. (Raymond Winter)
Issue Agreed Order, PR/PG
Item 18. Docket No. 95- 0467- PST- E. Consideration of an Agreed Order Assessing Administrative Penalties and Requiring Certain Actions of United Independent School District. (Raymond Winter)
Issue Agreed Order, PR/PG
CONTESTED (Agency Enforcement Report)
Item 19. Docket No. 95-0493-RPT. Discussion of an Agency Report on Enforcement Actions from various programs including Agriculture, Air, Industrial & 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/Anne Dobbs)
No Action Taken
CONTESTED (Rules)
Item 20. Docket No. 95- 0454- RUL. Consideration for adoption of 30 TAC, Chapter 335, Subchapters A, J, and R, Sections 335.6, 335.10, 335,323, and 335.503, concerning Waste Classification. If approved, the amended sections would eliminate the notification, manifesting, and fee requirements for industrial generators that generate less than 100 kilograms per month of hazardous waste, less than one kilogram per month of acute hazardous waste and/or 100 kilograms of nonhazardous waste. (Hygie Reynolds)
Adopt Rules as Recommended, PR/PG
Item 21. Docket No. 94- 0838- RUL. Consideration for adoption of new 30 TAC Chapter 345, Sections 345.1- 345.14, concerning Advisory Committee Rules. If approved, these rules will establish procedures applicable to advisory committees created to advise the Texas Natural Resource Conservation Commission and are proposed in response to the requirements of Texas Civil Statutes, Article 6252- 33, relating to the existence, composition, and expenses of state agency advisory committees. (Herb Williams)
Adopt Rules as Recommended, PG/PR
Item 22. Docket No. 95- 0451- RUL. Consideration for repeal of 30 TAC Chapter 101, Section 101.12, concerning the Texas Air Control Board Seal; and amendment to 30 TAC Chapter 111, Section 111.103(8), concerning Exceptions to Prohibition of Outdoor Burning. If approved, the repeal of Section 101.12 would delete a provision of the Texas Air Control Board, which is now obsolete, and the amendment of Section 111.103(8) would delete an exception superseded by the federal Resource Conservation and Recovery Act. (Susan Ferguson)
Adopt Rules as Recommended, PR/PG
Item 23. Docket No. 95- 0470- RUL. Consideration for adoption of the repeal of 30 Tex. Admin. Code Sections 323.1- 323.6 and Sections 323.31- 323.33 concerning the review and approval of plans and specifications for waste disposal systems other than public sewage disposal systems and the notice of applications for state water quality certification of NPDES permits, respectively. (Mark Jordan)
Adopt rules as Recommended, PG/PR
Item 24. Docket No. 95- 0471- RUL. Consideration for adoption of amendments to 30 Tex. Admin. Code Section 305.126 concerning additional standard permit conditions for waste discharge permits. The purpose of the amendments is to eliminate the unnecessary submission of a reuse feasibility study within one year of approval of a new or renewed permit. (Mark Jordan)
Adopt rules as recommended with additions as recommended by staff, PG/PR
Item 25. Docket No. 95-0486-RUL. Consideration for adoptions of new 30 TAC Chapter 345, Sections 345.1 - 345.14, concerning Advisory Committee Rules. If approved, these rules will establish procedures applicable to advisory committees created to advise the Texas Natural Resource Conservation Commission and proposed in response to the requirement of Texas Civil Statutes, Article 6252-33, relating to the existence, composition, and expenses of state agency advisory committees. (Herb Williams)
Submitted in Error, No Action Required
EXECUTIVE SESSION
Item 26. Docket No. 95-0510-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.
General Counsel will do certified agenda
Item 27. Docket No. 95-0511-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 29, 1995
TEXAS NATURAL RESOURCE CONSERVATION COMMISSION
9:30 a.m.
Bldg E, Room 201S
12118 N. Interstate 35
Item carried forward from Agenda of March 15, 1995.
Item 18. Docket No. 95-0314-MSW-E. Consideration of Hearings Examiner's Proposal for Decision and Order concerning the petition of the Executive Director of the Texas Natural Resource Conservation Commission for an Order assessing penalties and requiring certain actions of B. J. Schindler, doing business in Austin and Colorado Counties, Texas. Penalty requested $55,200.00. Recommendation: Issuance of Order assessing administrative penalties and requiring certain actions of B. J. Schindler. (Patricia Robards, Hearings Examiner)
Approve Proposal for Decision, half of penalty paid in 30 days, remainder deferred upon completion of clean-up of property, JH/PR