TNRCC Marked Agenda for 6/28/95

REED

MARQUEZ

HALL - ABSENT AND EXCUSED

CONTESTED AGENDA

Wednesday, June 28, 1995

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.

Bldg E. Room 201S

12118 N. Interstate 35

UNCONTESTED (Temporary Variance)

Item 1. Docket No. 95- 0943- IWD. REQUEST BY STEIN, HALL & CO. for a temporary variance to the existing water quality standards for dissolved oxygen for the Pease/North Fork Pease River in Segment No. 0220 of the Red River Basin. The three year variance is based on a study which shows a site specific amendment to the water quality standards is justified. If the Commission adopts the site specific standard for dissolved oxygen for the Pease/North Fork Pease River in Segment No. 0220 of the Red River Basin, Stein, Hall, & Co. shall apply for a permit amendment to meet the revised water quality standards. If the Commission does not approve the site specific standard prior to the expiration of the variance period, then final effluent limits based on existing water quality standards shall remain in effect. The permit may be amended to include a permit schedule to meet standards in accordance with 30 TAC Chapter 307.3(f). (Tom Weber)

Approved, RM/PR

UNCONTESTED (Industrial Waste Discharge Permit)

Item 2. Docket No. 95- 0943- IWD. APPLICATION BY STEIN, HALL & CO. for renewal of Permit No. 02537 which authorizes a discharge of treated process wastewater, first flush stormwater, utility and sanitary wastewaters through Outfall 001 at an average flow not to exceed 1,300,000 gallons per day; and an intermittent, flow variable discharge of stormwater through Outfall 002. The applicant operates the Rhone- Poulenc Specialty Chemicals Guar Processing Plant. The plant site is at 201 Harrison Street in the City of Vernon, Wibarger County, Texas. (Tom Weber)

Approved, RM/PR

UNCONTESTED (Industrial Hazardous Waste Permit)

Item 3. Docket No. 95-0983-IHW. Consideration of an application by THE DOW CHEMICAL COMPANY - LA PORTE for a Class 2 Modification to Compliance Plan No. CP50253 in accordance with 30 TAC Section 305.69. The compliance plan modification authorizes revisions to the ground-water monitoring system, corrective action system, ground-water Sampling and Analysis Plan, and financial assurance requirements. The facility is located on approximately 139 acres at 0.5 miles north of State Highway 225 approximately 4.5 miles northwest of La Porte in Harris County, Texas. (Kari Bourland)

Approved, PR/RM

UNCONTESTED (District Matters)

Item 4. Docket No. 95- 0610- DIS. CONSIDERATION OF A PROPOSED ORDER APPROVING THE APPLICATION BY ROMAN FOREST CONSOLIDATED MUNICIPAL UTILITY DISTRICT OF MONTGOMERY COUNTY FOR THE LEVY OF A STANDBY FEE. For Commission consideration. Applicant requests approval of a uniform operations and maintenance standby fee in the amount of $216 per ESFC per year. (Robert Ferguson)

Remand to Office Hearing Examiner's

Item 5. Docket No. 95- 0055- DIS. CONSIDERATION OF A PROPOSED ORDER APPROVING THE APPLICATION BY WESTWOOD SHORES MUNICIPAL UTILITY DISTRICT OF TRINITY COUNTY FOR APPROVAL OF $615,000 UNLIMITED TAX AND REVENUE BONDS, SIXTH ISSUE, 7.78% NET EFFECTIVE INTEREST RATE, SERIES 1995. For Commission consideration. Applicant requests Commission approval of a bond issue to finance water, wastewater & drainage facilities for Section 11 and West Point within the District. (Robert Ferguson)

Approved, PR/RM

Item 6. Docket No. 95- 0495- DIS. CONSIDERATION OF A PROPOSED ORDER APPROVING THE APPLICATION BY HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 151 FOR APPROVAL OF A $3,150,000 UNLIMITED TAX BOND ISSUE, THIRD ISSUE, 7.97% NET EFFECTIVE INTEREST RATE, SERIES 1995. For Commission consideration. Applicant requests that the Commission approve a $3,150,000 Unlimited Tax Third Bond Issue to fund expansion of District facilities. (Robert Ferguson)

Approved, PR/RM

Item 7. Docket No. 95- 0865- DIS. CONSIDERATION OF A PROPOSED ORDER APPROVING A REQUEST BY FREER WATER CONTROL AND IMPROVEMENT DISTRICT OF DUVAL COUNTY FOR AN AMENDMENT TO COMMISSION ORDER DATED MARCH 6, 1995, AUTHORIZING THE ISSUANCE OF $250,000 IN REVENUE BONDS IN LIEU OF THE APPROVED $205,000 REVENUE BONDS. For Commission consideration. Applicant requests Commission approval of a bond amendment to increase the bond amount to finance the rehabilitation of a standpipe. (Robert Ferguson)

Approved, PR/RM

Item 8. Docket No. 95- 0712- DIS. CONSIDERATION OF A PROPOSED ORDER ACTING ON THE APPLICATION BY LLANO COUNTY MUNICIPAL UTILITY DISTRICT NO. 1 FOR APPROVAL OF $977,000 REVENUE BONDS, THIRD ISSUE, 5.25% NET EFFECTIVE INTEREST RATE, SERIES 1995, PURSUANT TO V.T.C.A., WATER CODE, SECTION 54.516. For Commission consideration. Applicant requests approval of a bond issue to finance a wastewater collection system to serve Sandy Harbour and pay a connection fee to Lake LBJ MUD. (Robert Ferguson)

Remand to Executive Director

Item 9. Docket No. 94- 0622- DIS. CONSIDERATION OF A PROPOSED ORDER ACTING ON THE APPLICATION BY KINGS MANOR MUNICIPAL UTILITY DISTRICT OF HARRIS AND MONTGOMERY COUNTIES FOR APPROVAL OF $3,175,000 UNLIMITED TAX AND REVENUE BONDS, FIRST ISSUE, 7.20% NET EFFECTIVE INTEREST RATE, SERIES 1995. For Commission consideration. Applicant requests approval of a bond issue to finance costs of water, wastewater & drainage facilities for Sections 1 & 2, emergency water interconnect, water plant phase 1 and interim wastewater plant phase 1. (Robert Ferguson)

Approved, PR/RM

Item 10. Docket No. 95- 0496- DIS. CONSIDERATION OF A PROPOSED ORDER APPROVING THE APPLICATION BY HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 345; $2,170,000 UNLIMITED TAX BOND ISSUE, FIFTH ISSUE, 7.21% NET EFFECTIVE INTEREST RATE, SERIES 1995. For Commission consideration. Applicant requests approval of a bond issue to finance District's share of costs for the construction of Joint Water Plant- Phase II, Regional wastewater treatment plant, Off- site sanitary sewer line, water, wastewater, drainage, and site preparation for Green Trails Forest, and land acquisition costs. (Robert Ferguson)

Approved, PR/RM

Item 11. Docket No. 95- 0309- DIS. CONSIDERATION OF A PROPOSED ORDER REGARDING APPLICATION BY FORT BEND COUNTY LEVEE IMPROVEMENT DISTRICT NO. 7 FOR APPROVAL OF $2,600,000 UNLIMITED TAX BONDS, SIXTH ISSUE, 8.23% NET EFFECTIVE INTEREST RATE, SERIES 1995, AND USE OF SURPLUS FUNDS. For Commission consideration. Applicant requests approval of a bond issue and approval of use of surplus funds ($259,971) to finance construction costs of Phase II Fill and partial reimbursement of a Storm Water Pump Station. (Robert Ferguson)

Approved, PR/RM

UNCONTESTED (Water Utility Matters)

Item 12. Docket No. 95- 0801- UCR. Approval of Garden Valley Water Supply Company, Inc. to Purchase Charles Strong dba Green Grove Water Company and Amend Water CCN No. 11742 in Travis County, Texas. (Application # 30432- S, Albert Holck) Approval of Nighthawk Water Supply Company, Inc. to Purchase Facilities from Garden Valley Water Supply Company, Inc. and Transfer Water CCN No. 11742 in Travis County, Texas. (Application # 30433- S, Albert Holck)

Approved, PR/RM

Item 13. Docket No. 95- 0925- UCR. Approval of Siesta Village Water Supply Corporation to Transfer Water CCN No. 12492 from Siesta Village Water Association; in Comal County, Texas. (Application # 30606- S, Dean Pollard)

Approved, PR/RM

Item 14. Docket No. 95- 0051- UCR. Approval of Manville Water Supply Corporation to amend CCN No. 11144 in Travis County, Texas. (Application # 30598- C, Ana C. Lopez Portillo)

Approved, PR/RM

Item 15. Docket No. 95- 0935- UCR. Approval of David L. Sheffield dba Texas Landing Utilities to Transfer Water CCN Number 11997 and Sewer CCN Number 20569 from Texas Landing Utilities, Inc. in Polk County, Texas. (Application # 30705- S & 30706- S, Guillermo Zevallos)

Approved, PR/RM

Item 16. Docket No. 95- 0929- UCR. Approval of Armstrong Water Supply Corporation to Amend Water Certificate of Convenience and Necessity Number 10049 in Bell County, Texas. (Application # 30717- C, Guillermo Zevallos)

Approved, PR/RM

Item 17. Docket No. 95- 0911- UCR. Approval of Denton West, Inc. to Cancel Water Certificate of Convenience and Necessity No. 10965 in Denton County, Texas. (Application # 30834- Q, Albert Holck). Approval of Denton West, Inc. to Cancel Sewer Certificate of Convenience and Necessity No. 20384 in Denton County, Texas. (Application # 30835- Q, Albert Holck)

Approved, PR/RM

UNCONTESTED (On-Site Sewage)

Item 18. Docket No. 95- 0984- OSS. Application by the City of Mustang Ridge to regulate on- site sewage facilities within their jurisdiction.

Approved, PR/RM

Item 19. Docket No. 95- 0985- OSS. Application by the City of Bastrop to regulate on- site sewage facilities within their jurisdiction.

Approved, PR/RM

Item 20. Docket No. 95- 0986- OSS. Application by Ellis County to amend their on- site disposal order.

Approved, PR/RM

UNCONTESTED (Awards Presentation)

Item 21. Docket No. 95- 0938- MIS. TNRCC Field Operations Division presentation of U.S. EPA RCRA Inspector Awards for Excellence for FY94 to recipients: Paul Richardson, Beaumont Regional Office; Elaine Karnes, Arlington Regional Office; Stephen Chung, Houston Regional Office; and Christopher D. Smith, Austin Regional Office. (Susan Bredehoeft/Rosalinda Escalon)

No Action Required

Item 22. Docket No. 95- 0937- MIS. Presentation of the Pinnacle Award, the TNRCC award for recognition of the winners of the 1995 State of Texas Operation and Maintenance Excellence Awards of Municipal Wastewater Treatment Facilities. (Roxanne Cook)

No Action Required

UNCONTESTED (Agency Enforcement Report)

Item 23. Docket No. 95- 0914- 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 Required

CONTESTED (Industrial Hazardous Waste Enforcement)

Item 24. Docket No. 95- 0307- IHW- E. Consideration of a Proposed Order Resolving an Administrative Action Brought Against Mobil Oil Corporation in Accordance with the Texas Solid Waste Disposal Act, TEX. HEALTH AND SAFETY CODE ANN. Chapter 361 (Vernona 1992 and Supp. 1995) and the Texas Water Code, TEX. WATER CODE ANN. Chapters 5 (Vernon 1988 and Supp. 1995) and 26 (Vernon 1988 and Supp. 1995). (Bill Ballard)

Issue Agreed Order, PR/RM

Item 25. Docket No. 95- 0720- IHW- E. Consideration of a Texas Natural Resource Conservation Commission Order assessing administrative penalties and requiring certain actions of KS&D, Inc.; Solid Waste Registration No. 83009. (William Ballard/Subash Jain)

Issue Agreed Order, PR/RM

CONTESTED (Municipal Waste Discharge Enforcement)

Item 26. Docket No. 95- 0897- MWD- E. Consideration of a Texas Natural Resource Conservation Commission Amended Agreed Order Assessing Administrative Penalties and Requiring Certain Actions of the City of Lockhart and the Guadalupe- Blanco River Authority, Co- Permittees of TNRCC Permit No. 10210- 001. (Brian Lehmkuhle/Kathy Keils)

Approved, RM/PR

Item 27. Docket No. 95- 0928- MWD- E. Consideration of a Texas Natural Resource Conservation Commission Amended Agreed Order Assessing Administrative Penalties and Requiring Certain Actions of City of Shamrock in Wheeler County, TNRCC Permit No. 10279- 02. (Lin Zhang/Guy Henry)

Approved, RM/PR

Item 28. Docket No. 95- 0934- MWD- E. Consideration of a Texas Natural Resource Conservation Commission Agreed Order Assessing Administrative Penalties and Requiring Certain Actions of Koswood, Inc., TNRCC Permit No. 11432- 01. (Lin Zhang/Guy Henry).

Approved, RM/PR

CONTESTED (Agricultural Enforcement)

Item 29. Docket No. 95- 0718- AGR- E. Consideration of a Texas Natural Resource Conservation Commission Agreed Order Assessing Administrative Penalties and Requiring Certain Actions of Don Phelps, Proposed Permit No. 03796. (Guy Henry/Claudia Chaffin)

Approved, RM/PR

CONTESTED (Municipal Solid Waste Enforcement)

Item 30. Docket No. 95- 0885- MSW- E. Consideration of an Agreed Order Requiring Certain Actions of Idlewood Property Owners Associations, Inc., Permit No. 11620- 001 for violating section 26.121 of the Texas Water Code, and Permit No. 11620- 001. (Kathy Keils/Brian Lehmkuhle)

Approved, RM/PR

CONTESTED (Water Well Drillers Enforcement)

Item 31. Docket No. 95- 0782- WWD- E. Consideration of an Agreed Order Assessing Administrative Penalties and Requiring Certain Actions of Water Well Driller Donald Mahorney, License No. 1055- W for violating 30 TAC Section 338.44(2)(a) and Sections 32.005 and 32.010 of the Texas Water Code by failing to timely submit a State Well Report, falsifying State Well Reports submitted for 2 wells drilled, falsifying his Fiscal Year 1990 and 1995 Application for License Renewal, and improperly completing 4 wells. (Kathy Keils/Steve Wiley)

Approved, RM/PR

Item 32. Docket No. 95- 0783- WWD- E. Consideration of an Agreed Order Assessing Administrative Penalties and Requiring Certain Actions of Water Well Driller Traye Phelps, License No. 2739- W for violating 30 TAC Section 338.44 and Section 32.010(1) of the Texas Water Code by falsifying State Well Reports submitted for 3 wells drilled, and improperly completing 3 wells. (Kathy Keils/Steve Wiley)

Approved, RM/PR

CONTESTED (Public Water Supply Enforcement)

Item 33. Docket No. 95- 0516- PWS- E. Consideration of an Agreed Order resolving an enforcement action against Gibson Recycling, Inc. 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 Gibson Recycling, Inc.

Approved, RM/PR

Item 34. Docket No. 94- 0695- PWS- E. Consideration of an Agreed Order resolving an enforcement action against Metcraft, Inc. for violations of the Texas Health and Safety Code, Chapter 372, and the Rules of the Texas Natural Resource Conservation Commission: Assessing administrative penalties and requiring certain actions of Metcraft, Inc. (TERRY THOMPSON)

Approved, RM/PR

CONTESTED (Petroleum Storage Tank Enforcement)

Item 35. Docket No. 95- 0867- PST- E. Consideration of a TNRCC Agreed Order pursuant to Texas Administrative Code Section 26.136 for violations of 30 Texas Administrative Code Section 334.50(b) assessing administrative penalties and requiring certain actions of Mr. C.H. Brockett.; Enforcement Identification No. E10962. (Srini Kusumanchi)

Approved, RM/PR

Item 36. Docket No. 95- 0868- 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 K & K Oil Co, Inc.; Enforcement Identification No. E10995. (Srini Kusumanchi)

Approved, RM/PR

Item 37. Docket No. 95- 0888- 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 McCormick Marketing.; Enforcement Identification No. E10932. (Srini R. Kusumanchi)

Approved, RM/PR

Item 38. Docket No. 95- 0889- 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. Larry Dittburner.; Enforcement Identification No. E10858. (Mick Wilson).

Approved, RM/PR

Item 39. Docket No. 95- 0903- 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 Magnum Corporation.; Enforcement Identification No. E10592. (Mick Wilson)

Remand to Executive Director

Item 40. Docket No. 95- 0904- 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. Edwin M. Farrow.; Enforcement Identification No. E10451. (Mick Wilson)

Approved, RM/PR

CONTESTED (Rules)

Item 41. Docket No. 95- 0944- RUL. Consideration of the Raeford Harrington Petition for Rulemaking to amend 30 TAC 330, Subchapters A, D, and E, regarding the method of Agency Authorization for Municipal Solid Waste facilities involved in new or unproven methods of managing Liquid Waste (Type VI Facilities). Approval of the Petition would initiate rulemaking to change the current method of authorizing from a permit to a registration. (WAYNE LEE)

Approve Petition, PR/RM

Item 42. Docket No. 95- 0933- RUL. Consideration for publication of, and hearing upon, the proposed amendment, repeal, or replacement of 30 TAC Chapters 116, 261, 263, 265, 267, 269, 271, 273, 275, 281, 305, 335, and 337 to incorporate recent legislative changes to the procedural rules of the Texas Natural Resource Conservation Commission. The proposed changes relate to Senate Bills 12, 741, and 1546, which transfer hearings before the agency to the State Office of Administrative Hearings, delegate uncontested permit matters to the discretion of the Executive Director, and change the definition of "affected person," respectively. (Richard O'Connell)

Approve staff recommendation, RM/PR

CONTESTED (Resolution)

Item 43. Docket No. 95-0971-RES. Consideration for adoption of a resolution requesting the Texas Department of Public Safety to implement a vehicle inspection and maintenance program pursuant to Senate Bill 178 (signed May 1, 1995) unless or until the program is changed by the Texas Legislature or the Governor. (John Steib)

Approve Resolution, PR/RM

CONTESTED (Motion for Reconsideration)

Item 44. Docket No. 95- 0960- IWD. Reconsideration of the Executive Director's issuance of Permit No. 03767 to Ameri- Forge Corporation. The permit, which was signed May 22, 1995, authorizes a discharge of non- contact cooling wastewater, stormwater and drainage from a forklift washing area of the applicants's metal shaping plant located in Houston, Harris County, Texas. Effluent is discharged at a maximum average flow of 5,000 gallons per day into a drainage ditch on the north side of the applicant's property; thence to a stormwater outfall for Armco, Inc. (stormwater outfall 011 of EPA Permit No. TX0008524); thence through a 36- inch pipe; thence to the Houston Ship Channel in Segment No. 1007 of the San Jacinto River Basin. Reconsideration is sought by Armco, Inc., which requests a public hearings on the application. Preliminary to the Commission's reconsideration of the Executive Director's issuance of this permit, the Commission will determine the adequacy of the hearing request. (Kerry Sullivan)

Continued to July 26, 1995

CONTESTED (Hearing Examiner's Items)

Item 45. Docket No. 95- 0192- PST- E. Consideration of Examiner's Memorandum and Order Assessing Administrative Penalties and Requiring Certain Action of Big Tex Oil Company, Inc. located in Belton, Bell County, Texas. Recommendation: Issuance. (Cynthia G. Hayes).

Continued to July 12, 1995

Item 46. Docket No. 94- 0386- UCR. Consideration of Examiner's Memorandum and Order concerning the application of Hill Country Utilities, Inc. to increase retail water and sewer rates in Travis County, Texas. Applicant provides retail water and sewer service to approximately 943 customers. RECOMMENDATION: Adoption of agreement of parties. (Sylvia McClellan).

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

Item 47. Docket No. 95- 0341- UCR. Consideration of Examiner's Memorandum and Order concerning the application of Franklin Water Service Company to decrease retail water rates in Lubbock County, Texas. Applicant provides retail water service to approximately 60 customers. RECOMMENDATION: Adoption of agreement of parties. (Carol Wood)

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

Item 48. Docket No. 95- 0613- UCR. Consideration of Examiner's Memorandum and Order concerning the petition to appeal Hollands Quarter Water Supply Corporation's rate increase in Panola County, Texas. Applicant provides retail water service to approximately 350 customers. Recommendation: Adoption of agreement of parties. (Linda Sorrells).

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

Item 49. Docket No. 95- 0431- AIR. Consideration of Examiner's Proposal for Decision & Order concerning the application of Southwestern Refining Company, Inc. for a renewal of Permit No. R- 3153 to authorize the operation of a Naphtha HDS unit in Nueces County, Texas. Recommendation: Issuance of permit. (Tommy Broyles).

Adopt Examiner's Proposal for Decision and Issue Order, make typo corrections as recommended, PR/RM

Item 50. Docket No. 94- 0680- AIR. Consideration of Examiner's Proposal for Decision and Order concerning the application of Dos Republicas Resources Company, Inc. for Permit No. 21572 to authorize the construction of a coal handling and rail loadout facility at Eagle Pass Mine in Maverick County. Recommendation: Issuance of permit. (LESLIE CRAVEN)

Continued to July 12, 1995

Item 51. Docket No. 95-0598-UCR & Docket No. 95-0808-UCR. Consideration of Examiner's Proposal for Decision concerning the application of North Alamo Water Supply Corporation and the City of Elsa for a Certificate of Convenience and Necessity to provide sewer service in Hidalgo County, Texas. Recommendation: Issuance. (Bill Zukauckas)

Adopt Examiner's Proposal for Decision and Issue CCN, Overrule all exceptions, PR/RM

EXECUTIVE SESSION

Item 52. Docket No. 95-0990-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 53. Docket No. 95-0991-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.

General Counsel will do Certified Agenda

(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

Wednesday, June 28, 1995

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.

Room 201S, Bldg E.

12118 N. Interstate 35

Item carried forward from Agenda of May 17, 1995 and May 24, 1995.

Item 1. Docket No. 95-0600-DIS. CONSIDERATION OF A PROPOSED ORDER APPROVING THE APPLICATION BY ROLLING CREEK UTILITY DISTRICT OF HARRIS COUNTY FOR APPROVAL TO LEVY A STANDBY FEE. For Commission consideration. Applicant requests Commission approval of a non-uniform debt service standby fee not to exceed $284,069 per year and a uniform O & M standby fee not to exceed $121,506 for calendar year 1995, and $108,113 for calendar years 1996 and 1997. (Robert Ferguson)

Remand to Staff

Item carried forward from Agenda of May 24, 1995.

Item 2. Docket No. 95- 0598- UCR. Consideration of Examiner's Memorandum and Order concerning the application of North Alamo Water Supply Corporation for a Certificate of Convenience and Necessity to provide Sewer Service in Hidalgo and Willacy Counties, Texas. RECOMMENDATION: Issuance. (Bill Zukauckas)

Approve Examiner's Memorandum, Severe a Portion of CCN and overrule all exceptions, PR/RM

Item carried forward from Agenda of June 14, 1995.

Item 3. Docket No. 95- 0862- RUL. Consideration for publication and hearing of proposed amendments to 30 TAC Chapter 101, Section 101.29, concerning Emissions Banking; and revisions to the State Implementation Plan. If approved, the rule would encourage greater use of the bank by removing disincentives for its use, thereby helping industry achieve clean air goals in a flexible, cost- effective manner. (Mike Magee)

Approve Staff Recommendation, RM/PR