HALL

REED

MARQUEZ

AGENDA

Wednesday, May 31, 1995

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.

Bldg E. Room 201S

12118 N. Interstate 35

UNCONTESTED (On-Site Sewage)

Item 1. Docket No. 95-0811-OSS. Application by Johnson County to regulate on-site sewage facilities within their jurisdiction.

Approve Staff Recommendation, PR/RM

UNCONTESTED (District Matters)

Item 2. Docket No. 95- 0590- DIS. CONSIDERATION OF A PROPOSED ORDER APPROVING THE APPLICATION BY WESTLAKE MUNICIPAL UTILITY DISTRICT NO. 1 FOR APPROVAL OF THE RELEASE OF ESCROWED FUNDS, CHANGE IN USE OF ESCROWED FUNDS, AND AMENDMENT TO THE ORDER DATED SEPTEMBER 27, 1984; $660,000 BOND ISSUE APPROVED SEPTEMBER 27, 1984. For Commission consideration. Applicant requests approval of the release of $56,260 in escrowed funds to finance the wastewater line (C- 5) replacement project. (Robert Ferguson)

Approved, PR/RM

Item 3. Docket No. 95- 0845- DIS. CONSIDERATION OF A PROPOSED ORDER APPROVING THE APPLICATION BY SEBASTIAN MUNICIPAL UTILITY DISTRICT OF WILLACY COUNTY FOR APPROVAL OF $60,000 SEWER SYSTEM REVENUE AND WATERWORKS SYSTEM JUNIOR LIEN REVENUE BONDS, PROPOSED SERIES 1995, FIRST ISSUE; TO THE TEXAS WATER DEVELOPMENT BOARD; 6.56% NET EFFECTIVE INTEREST RATE; PURSUANT TO V.T.C.A., TEXAS WATER CODE SECTION 54.516. For Commission consideration. Applicant requests approval of revenue bonds to finance a portion of improvements to provide service. (Robert Ferguson)

Approved, PR/RM

Item 4. Docket No. 95- 0684- DIS. CONSIDERATION OF PROPOSED ORDER APPROVING THE APPLICATION BY BLOCK HOUSE MUNICIPAL UTILITY DISTRICT OF WILLIAMSON COUNTY FOR APPROVAL OF A $2,365,000 UNLIMITED TAX AND REVENUE BOND ISSUE, THIRD ISSUE, 8.28% NET EFFECTIVE INTEREST RATE, SERIES 1995. For Commission consideration. Applicant requests approval of a $2,365,000 Unlimited Tax and Revenue Third Bond Issue to fund expansion of District facilities. (Robert Ferguson)

Approved, PR/RM

Item 5. Docket No. 95- 0030- DIS. CONSIDERATION OF A PROPOSED ORDER APPROVING THE APPLICATION BY RIVER PLACE MUNICIPAL UTILITY DISTRICT OF TRAVIS COUNTY FOR APPROVAL OF $4,000,000 UNLIMITED TAX AND REVENUE BONDS, SECOND ISSUE, 7.23% NET EFFECTIVE INTEREST RATE, SERIES 1995. For Commission consideration. Applicant requests approval of a bond issue to finance a pro rata share of: 30- inch water transmission mains phases C & D, a ground storage tank and pump station, elevated storage tank, a 16- inch effluent line, and wastewater treatment plant modifications; a water quality pond; and water, wastewater and drainage facilities for River Place Blvd. (Section 1 Phases A, B & C). (Robert Ferguson)

Approved, PR/RM

UNCONTESTED (Water Utility Matters)

Item 6. Docket No. 95- 0817- UCR. Approval of Order Nunc Pro Tunc to correct order for application # 30663 (Hill Country Water Supply Corporation). (Application # 30663- C, Albert Holck)

Issue Nunc Pro Tunc Order, PR/RM

Item 7. Docket No. 95- 0848- UCR. Approval of Lumbermen's Investment Corporation to amend Sewer Certificate of Convenience and Necessity No. 20499 in Travis County, Texas. (Application # 30753- C, Ana Lopez Portillo)

Approved, PR/RM

UNCONTESTED (Examiner's Memorandums)

Item 8. Docket No. 95-0802-MWD. Consideration of Examiner's Memorandum recommending dismissal of the application for an amendment of Permit No. 12324-01 to authorize the discharge of treated domestic wastewater effluent in Trinity County Texas. Recommendation: Dismissal of permit. (Pat Robards)

Adopt Examiner's Memorandum and Dismiss permit, PR/RM

Item 9. Docket No. 95-0064-WR. Consideration of Examiner's Memorandum concerning the application of MAC Acquisitions, L.P. Partnership, for dismissal of an application for a water-use permit to maintain three off-channel reservoirs and to divert not to exceed 552 acre-feet of water per annum for mining use from Richland Creek in the Trinity River Basin in Navarro County, Texas. Recommendation: Dismissal of application. (Cecile Hanna)

Adopt Examiner's Memorandum and Dismiss application, PR/RM

UNCONTESTED (Resolution)

Item 10. Docket No. 95- 0852- RES. Consideration of a resolution relating to the membership of the Waste Reduction Advisory Committee. (Ken Zarker)

Adopt Resolution as Recommended, PR/RM

UNCONTESTED (Superfund Contract)

Item 11. Docket No. 95- 0791- SPF. Consideration of authorizing the Executive Director to amend a contract with Intera, Inc. for professional engineering services for State Superfund site investigations and feasibility studies. (Wade Stone)

Approve staff recommendation, PR/RM

UNCONTESTED (Enforcement Report)

Item 12. Docket Number 95- 0840- 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/Anne Dobbs)

No Action Taken

CONTESTED (Interim Rates)

Item 13. Docket No. 95-0063-UCR. Consideration of a request for interim rates in the appeal of Texoma Services Corporation in Grayson County; CCN NO. 11363 pending. Maria Sanches/Diego Abrego)

Approve setting interim rates, PR/RM

CONTESTED (Municipal Waste Discharge Enforcement)

Item 14. Docket No. 95- 0809- MWD- E. Consideration of a Texas Natural Resource Conservation Commission Agreed Order Requiring Certain Actions of Trinity Bay Conservation District, TNRCC Permit No. 10851- 01. (Merrilee Roberts)

Issue Agreed Order, PR/RM

Item 15. Docket No. 95- 0818- MWD- E. Consideration of a Texas Natural Resource Conservation Commission Agreed Order Assessing Administrative Penalties and Requiring Certain Actions of Pine Tree Estates, No. 2 Landowner Association, Inc. in Tarrant County, Texas, No TNRCC Permit. (Laurie Eaves)

Issue Agreed Order, PR/RM

Item 16. Docket Number 94- 0569- MWD- E. Consideration of an Agreed Order Requiring Certain Actions of R&R Mobile Home Joint Venture, Ross Allen, and Kip Lewis for violating Section 26.121 of the Texas Water Code and Water Quality Permit No. 11342- 001. (Kathy Keils)

Issue Agreed Order, PR/RM

CONTESTED (Public Water Supply Enforcement)

Item 17. Docket No. 95- 0618- PWS- E. Consideration Of Agreed Order Resolving An Enforcement Action Against Hays County Youth Athletic Association, Inc. For Violations Of The Texas Health And Safety Code, Chapter 341, Subchapter C And The Rules And Regulations Of The Texas Natural Resource Conservation Commission; Assessing Administrative Penalties and Requiring Certain Actions of Hays County Youth Athletic Association, Inc. Terry Thompson

Issue Agreed Order, PR/RM

Item 18. Docket No. 95- 0436- PWS- E. Consideration of an agreed order resolving an enforcement action against El Paso County Water Authority 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 El Paso County Water Authority. (Terry Thompson)

Issue Agreed Order, PR/RM

CONTESTED (Industrial Hazardous Waste Enforcement)

Item 19. Docket No. 94- 0017- IHW- E. Consideration of an Agreed Order Assessing Administrative Penalties and Requiring Certain Actions of Inland Container Corporation; SWR No. 30006 (Contested/Industrial and Hazardous Waste and Water Quality Enforcement). (Vic McWherter)

Issue Agreed Order, PR/RM

Item 20. Docket No. 95-0614-IHW. CONSIDERATION of a proposed agreed order requiring certain actions of Bell Helicopter Textron, Inc., SWR Number 30406, providing for the elimination of a release or threatened release of solid waste and the provision and implementation of a corrective action plan by Bell Helicopter Textron, Inc. (Bill Ballard)

Issue Agreed Order, PR/RM

Item 21. Docket No. 95-0484-IHW-E. Consideration of an Agreed Order resolving an administrative action involving Anzon, Inc., SWR, Number 31403, regarding compliance with the Texas Solid Waste Disposal Act, TEX. HEALTH AND SAFETY CODE ANN., Chapter 361 (Vernon 1992 and Supp. 1994) and the Texas Water code, TEX. WATER CODE ANN. Chapters 5 (Vernon 1988 and Supp. 1994) and 26 (Vernon 1989 and Supp. 1994). Bill Ballard

Issue Agreed Order, PR/RM

CONTESTED (Petroleum Storage Tank Enforcement)

Item 22. Docket No. 95-0734-PST-E. Consideration of Agreed Order Assessing Administrative penalties and requiring certain actions of City of Irving. (Raymond Winter)

Issue Agreed Order, PR/RM

Item 23. Docket No. 95- 0305- PST- E. Consideration of an Executive Director's Default Order Requiring Certain Actions of Bill Rainey and assessing administrative penalties. (Raymond Winter)

Remand to Executive Director

CONTESTED (Rules)

Item 24. Docket No. 95-0849-RUL. Consideration of the J.M. Huber Corporation petition for rulemaking to amend 30 TAC Chapter 101, Section 101.2(b), regarding Multiple Air Contaminant Sources or Properties. Approval of the petition would initiate rulemaking to revise the current requirements upon owners of contiguous properties seeking to be designated as a single property for the purposes of controlling air emissions. (Randall Terrell).

Approve petition for rulemaking to amend 30 TAC Chapter 101, Section 101.2(b), PR/RM

CONTESTED (Hearing Examiner's Cases)

Item 25. Docket No. 95- 0706- WWD- E. Consideration of Examiner's Memorandum and Order concerning the petition of Executive Director of TNRCC for an Order assessing penalties against Ted Kneten, a licensed water well driller in Smith County, TX. Recommendation: Dismissal of Petition. Examiner: Jim Bateman.

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

Item 26. Docket No. 95- 0709- WWD- E. Consideration of Examiner's Proposal for Decision and Order concerning the petition of Executive Director of TNRCC for an Order assessing penalties against Mike Opry, an unlicensed water well driller in Huffman, Harris County, Texas. Penalty requested: $250.00. Recommendation: Assessment of recommended penalty. Examiner: Jim Bateman.

Adopt Examiner's Proposal for Decision and Issue Order, PR/RM

Item 27. Docket No. 95- 0708- WWD- E. Consideration of Examiner's Proposal for Decision and Order concerning the petition of Executive Director of TNRCC for an Order assessing penalties against Murray Walker, who resides in Lakehills, Bandera County, Texas. Penalty requested: $5,500.00 and revocation of license. Recommendation: Assessment of recommended penalty. Examiner: Jim Bateman

Adopt Examiner's Proposal for Decision and Issue Order, PR/RM

Item 28. Docket No. 95- 0707- WWD- E. Consideration of Examiner's Proposal for Decision and Order concerning the petition of Executive Director of TNRCC for an Order assessing penalties against Mike Coles, a licensed water well driller who resides in Anthony, New Mexico, and has drilled wells in El Paso, El Paso County, Texas. Penalty requested: $2,000 and suspension of license for one year. Recommendation: Assessment of recommended penalty. Examiner: Jim Bateman

Adopt Examiner's Proposal for Decision and Issue Order, PR/RM

EXECUTIVE SESSION

Item 29. Docket No. 95-0869-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 30. Docket No. 95-0870-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, May 31, 1995

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.

Room 201S, Bldg E.

12118 N. Interstate 35

Item 31. Docket No. 95-0802-MWD. Consideration of Examiner's Memorandum recommending dismissal of the application of Tejas Financial Corp. dba Blanchard Utilities for an amendment to Permit No. 12324-01 to authorize the discharge of treated domestic wastewater effluent in Trinity County Texas. Recommendation: Dismissal of permit. (Pat Robards)

Adopt Examiner's Memorandum and dismiss permit, PR/RM

(This item is being reposted to correct language in Item 8.)