TNRCC Marked Agenda for 7/26/95
REEDMARQUEZ
AGENDA
Wednesday, July 26, 1995
TEXAS NATURAL RESOURCE CONSERVATION COMMISSION
9:30 a.m.
12118 N. Interstate 35
Room 201S, Bldg E.
UNCONTESTED (Industrial Waste Discharge)
Item 1. Docket No. 95-1103-IWD. REQUEST BY THE DOW CHEMICAL COMPANY for a temporary variance to the existing water quality standards for total copper for the Brazos River in Segment No. 1201 of the Brazos 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 total copper for the Brazos River in Segment No. 1201 of the Brazos River Basin, The Dow Chemical Company shall apply for 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 TEMPORARY VARIANCE; PR/RM.
Item 2. Docket No. 95-1103-IWD. APPLICATION BY THE DOW CHEMICAL COMPANY for an amendment to Permit No. 00007. Permit Nos. 01866 and 00007 are being combined into Permit No. 00007. The proposed permit will authorize a variable volume discharge of wastewaters via Outfall 001, a discharge of wastewaters at a volume not to exceed an average flow of 500,000,000 gallons per day via Outfall 002, a variable volume discharge of wastewaters via Outfall 003 and a variable volume discharge of stormwater via Outfall 004. The applicant operates an organic and inorganic manufacturing facility. The plant site is near the City of Freeport at 2301 North Brazosport Boulevard, Brazoria County, Texas. (Tom Weber)
APPROVED APPLICATION; PR/RM.
UNCONTESTED (Municipal Waste Discharge)
Item 3. Docket No. 95-1102-MWD. APPLICATION BY HARRIS COUNTY WATER CONTROL AND IMPROVEMENT DISTRICT NO. 21 for an amendment to Permit No. 10105-01 to authorize an increase in the 2 hour peak flow from a volume not to exceed 5,208 gallons per minute to a volume not to exceed 9,375 gallons per minute. Due to change in the minimum analytical level concentration requirement for pentachlorophenol from 15 (ug/1) microgram per liter to 50 (ug/1), the pentachlorophenol requirement has been deleted from the draft permit. The existing permit authorizes a discharge of treated domestic wastewater at a volume not to exceed an average flow of 2,500,000 gallons per day, which will remain the same. The proposed amendment will enforce more stringent effluent limitations as needed, in order to meet existing applicable rules and regulations. The wastewater treatment plant is at the southeast corner of the intersection of Interstate Highway 10 and Cedar Lane in the City of Channelview in Harris County, Texas. (Tom Weber)
APPROVED APPLICATION; RM\PR.
UNCONTESTED (District Matters)
Item 4. Docket No. 95- 0403- DIS. CONSIDERATION OF A PROPOSED ORDER ACTING ON THE APPLICATION BY FORT BEND COUNTY MUNICIPAL UTILITY DISTRICT NO. 49 FOR APPROVAL OF $2,480,00 UNLIMITED TAX AND REVENUE BONDS, SECOND ISSUE, 7.41% NET EFFECTIVE INTEREST RATE, SERIES 1995. For Commission consideration. The District's application requests Commission approval of a bond issue to finance subdivision utilities, lift station, impact fees, and the District's pro rata share of a regional wastewater trunk line, interim wastewater treatment plant, hydropneumatic water tank, and phase 1 of a permanent wastewater treatment plant. (Robert Ferguson)
APPROVED APPLICATION; RM\PR.
Item 5. Docket No. 94- 0612- DIS. CONSIDERATION OF A PROPOSED ORDER APPROVING THE APPLICATION BY HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 102 FOR APPROVAL OF AN EXTENSION OF TIME TO ISSUE $725,000 IN BONDS FROM $4,225,000 BOND ISSUE APPROVED NOVEMBER 1, 1993, FOR A CHANGE IN PROJECT SCOPE, AND FOR AUTHORIZATION TO PROCEED WITH BOND SALE. For Commission consideration. Applicant requests approval of an extension of time to issue the $725,000 in bonds, approval of a change in projects to be funded, and approval to proceed with the sale of bonds. (Robert Ferguson)
APPROVED APPLICATION; RM\PR.
UNCONTESTED (Water Utility Matters)
Item 6. Docket No. 95- 0723- UCR. Consideration of Johnson County Rural Water Supply Corporation to transfer Water Certificate of Convenience and Necessity No. 11809 from James E. Kuykendall dba Mountain View Utility Company; amend Water Certificate of Convenience and Necessity No. 10081; cancel Water Certificate of Convenience and Necessity No. 11809 in Johnson County, Texas. (Application No. 9472- S, Albert Holck) Consideration of Johnson County Rural Water Supply Corporation to transfer a portion of Water Certificate of Convenience and Necessity No. 12190 from Chuck Bell dba Chuck Bell Water Systems and amend Water Certificate of Convenience and Necessity No. 10081 in Johnson County, Texas. (Application No. 30638- S, Albert Holck). Consideration of Johnson County Rural Water Supply Corporation to transfer Water Certificate of Convenience and Necessity No. 12543 from Clearview Driver Landowners Association; amend Water Certificate of Convenience and Necessity No. 10081; cancel Water Certificate of Convenience and Necessity No. 12543 in Johnson County, Texas. (Application No. 30640- S, Albert Holck)
APPROVED; RM\PR.
Item 7. Docket No. 95- 1039- UCR. Consideration of Redland Water Supply Corporation to amend Water Certificate of Convenience and Necessity Number 10353 in Angelina County, Texas. (Application # 30776- C, Albert Holck)
APPROVED; RM\PR.
Item 8. Docket No. 95- 1095- UCR. Consideration of Enloe- Lake Creek Water Supply Corporation for a Water Certificate of Convenience and Necessity (CCN) and To Decertify a Portion of CCN No. 10505 Issued to Charleston Water Supply Corporation Delta County, Texas. (Application # 30780- C, Vera Poe)
APPROVED; RM/PR.
Item 9. Docket No. 95- 1033- UCR. Consideration of City of Jasper to amend Water Certificate of Convenience and Necessity Number 10373 and to Decertify a Portion of CCN Number 10371 Issued to Holly- Huff Water Supply Corporation in Jasper County, Texas. (Application # 30750- C, Albert Holck). Consideration of City of Jasper to amend Sewer Certificate of Convenience and Necessity Number 20145 in Jasper County, Texas. (Application # 30751- C, Albert Holck)
APPROVED; RM\PR.
CONTESTED (Municipal Waste Discharge Enforcement)
Item 10. Docket No. 95- 0920- MWD- E. Consideration of a Default Order Requiring Certain Actions of Lamar Water Supply Corporation. (Raymond Winter)
APPROVED AGREED ORDER; RM\PR.
CONTESTED (Agricultural Enforcement)
Item 11. Docket No. 95- 1113- AGR- E. Consideration of a Texas Natural Resource Conservation Commission Agreed Order Assessing Administrative Penalties and Requiring Certain Actions of Farmers Cooperative of El Campo, No TNRCC Permit. (Guy Henry/Robert Powell)
ISSUED AGREED ORDER; PR\RM.
CONTESTED (Sludge Enforcement)
Item 12. Docket No. 95- 1073- SLG- E. Consideration of a Texas Natural Resource Conservation Commission Agreed Order Assessing Administrative Penalties and Requiring Certain Actions of Mr. Monty Williams in Tarrant County, TNRCC Registration No. 20127. (Merrilee Roberts, Guy Henry)
ISSUED AGREED ORDER; PR\RM.
CONTESTED (Industrial Hazardous Waste Enforcement)
Item 13. Docket No. 95- 1078- IHW- E. Consideration of an Agreed Order Assessing Administrative Penalties and Requiring Certain Actions of Exxon Chemical Americas. (Vic McWherter/Wong)
ISSUED AGREED ORDER; RM\PR.
CONTESTED (Water Well Drillers Enforcement)
Item 14. Docket No. 95- 1061- WWD- E. Consideration of an Agreed Order Assessing Administrative Penalties and Requiring Certain Actions of Fourteen Licensed and Unlicensed Water Well Drillers and Pump Installers (David Burleson, Bob Casparis, Joe Hughes, Stephen Huston, Jeffrey Johnson, Johnny Key, Joe Miles, Joe Moore, Dennis Miller, Mario Moya, Roger North, Buddy Scherff, Glynne Staples, and Joe Westbrook) for violating sections of Chapters 32 and 33 of the Texas Water Code, 30 Texas Administrative Code (TAC)Chapters 338, 339, and 340. (Kathy Keils/Lee Parham/Rick Wilder/Dale Kuhn/W.L. Stribling)
ISSUED AGREED ORDERS; PR\RM.
Item 15. Docket No. 95- 1038- WWD- E. Consideration of an Agreed Order Assessing Administrative Penalties and Requiring Certain Actions of Oscar Alanis, Water Well Drillers License No. 2693- W for violating Section 32.005 and Section 32.010 of the Texas Water Code. (Kathy Keils/Wiley)
ISSUED AGREED ORDER; PR\RM.
CONTESTED (Air Briefing)
Item 16. Docket No. 95- 0663- AIR- E. Consideration of a Report on (1) the feasibility of placing a no- visible- emissions limitation on the Texas Industries, Inc., cement manufacturing plant in Ellis County, Texas, and (2) the feasibility of further reductions in area sulphur dioxide emissions. The Commission requested this report during its consideration of an Agreed Order, approved at the June 14th Agenda, assessing administrative penalties and requiring certain actions of Texas Industries, Inc. (Jim Crocker/William Foster)
COMMISSIONERS HEARD STAFF REPORT.
Item 17. Docket No. 95-1059-RPT. Updates of status for implementation of the requirements of Senate Bills 1125 and 1126 concerning air permit renewals, permit related hearing requests and definition of modification of an existing facility.
COMMISSIONERS HEARD STAFF REPORT.
CONTESTED (Authorization to Construct)
Item 18. Docket No. 95- 1109- IWD. Consideration of United States Air Force, Brooks Air Force Base request for authorization to construct a wastewater treatment plant. (Helen Stovall Gilbert)
APPROVED; RM\PR.
CONTESTED (Hearing Request Denial)
Item 19. Docket No. 95- 1098- AIR. Consideration of Formosa Plastics Corporation's application for renewal of Air Quality Permit No. 7699. Recommendation: Denial of hearing request and issuance of permit. (Bill Ehret)
APPROVED; PR\RM.
Item 20. Docket No. 95- 1097- AIR. Consideration of Wunderlich Ready- Mix, Inc's. application for renewal of Air Quality Permit No. 6938. Recommendation: Denial of hearing request and issuance of permit. (Bill Ehret)
DENIED HEARING REQUEST AND ISSUED PERMIT; PR\RM.
Item 21. Docket No. 95- 1096- AIR. Consideration of Exxon Corporation's application for renewal of Air Quality Permit No. 6445. Recommendation: Denial of hearing request and issuance of permit. (Bill Ehret)
DENIED HEARING REQUEST AND ISSUED PERMIT; PR\RM.
Item 22. Docket No. 95-1146-AIR. Consideration of Poco Graphite, Inc.'s application for Air Quality Permit No. 2356. Recommendation: Denial of hearing requests. (Bill Ehret)
DENIED HEARING REQUESTS; PR\RM.
CONTESTED (Petroleum Storage Tank Enforcement)
Item 23. Docket No. 95- 0050- PST- E. Consideration of Agreed Order Requiring Certain Actions of Dal- Tex Fuel Systems, Inc. (Raymond Winter)
ISSUED AGREED ORDER; PR\RM.
Item 24. Docket No. 95- 0051- PST- E. Consideration of Agreed Order Requiring Certain Actions of Mr. Lynn Willson. (Raymond Winter)
ISSUED AGREED ORDER; PR\RM.
CONTESTED (Industrial Waste Discharge Enforcement)
Item 25. Docket No. 95-0841-IWD-E. Consideration of an agreed order assessing administrative penalties and requiring certain actions of Gerald Lubianski Enterprises, Inc., for violating 26.121 of the Texas Water Code. (Kathy Keils/Pam Campbell)
ISSUED AGREED ORDER; PR\RM.
CONTESTED (Contract)
Item 26. Docket No. 95- 1126- CON. Consideration of the request to delegate to the Executive Director authority to enter into a contract for cleanup of the abandoned Type IV MSW Landfill, known as the Clow Road Landfill Site, in Harris County, Texas, on behalf of the Texas Natural Resource Conservation Commission, prior to August 31, 1995. (Diane Smith/Katherine Marvin)
APPROVED DELEGATION OF AUTHORITY TO EXECUTIVE DIRECTOR; PR\RM.
CONTESTED (Agency Report on Enforcements)
Item 27. Docket No. 95- 1094- 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)
COMMISSIONERS HEARD STAFF REPORT.
CONTESTED (State Implementation Plan)
Item 28. Docket No. 95- 0583- SIP. Consideration for adoption of a revision to the State Implementation Plan for Milam County, as required by Section 110(a) of the Federal Clean Air Act. (Sam Wells)
ITEM CONTINUED TO THE AUGUST 23, 1995 AGENDA AT 9:30 A.M.
CONTESTED (Rules)
Item 29. Docket No. 95- 0893- RUL. Consideration for adoption of amendments to 30 TAC Chapter 116, Subchapter C, Section 116.211. The proposed amendment would change the effective date of the Standard Exemption List (SEL) and amend Exemption 62, regarding confined animal feeding operations. (Phil Harwell)
ITEM CONTINUED TO THE SEPTEMBER 6, 1995 AGENDA AT 9:30 A.M.
Item 30. Docket No. 95- 0993- RUL. Consideration of new 30 TAC Chapter 116, Subchapter A, Section 116.14, concerning Definitions and amendments to 30 TAC Chapter 116, Section 116.610 and Section 116.617 and new Section 116.615, Subchapter F, concerning Standard Permits. (Sam Wells).
APPROVED; PR\RM.
Hearing Examiner's Items (Memorandums and Proposal for Decisions)
Item 31. Docket No. 95- 0456- UCR. Consideration of Examiner's Memorandum and Order concerning the application of Concho Rural Water Corp. to increase retail water rates in Tom Green County, Texas. Applicant provides retail water service to approximately 950 customers. Recommendation: Adoption of agreement of parties. (Linda Sorrells)
ADOPTED EXAMINER'S PROPOSAL FOR DECISION; PR\RM.
Item 32. Docket No. 95- 1003- UCR. Consideration of Examiner's Memorandum and Order concerning the application of Travis County WCID for Amendment to Certificates of Convenience and Necessity Nos. 11322 and 12485 to provide water service in Travis County, Texas; and dismissal of application of Hill Country WSC for Cease and Desist Order. Recommendation: Adoption of agreement of parties. (Pat Robards)
ADOPTED EXAMINER'S PROPOSAL FOR DECISION; PR\RM.
Item 33. Docket No. 95- 0564- UCR. Consideration of Examiner's Memorandum and Order concerning the application of Han- Man Investments, Inc. dba Chasse Hollow Water System to increase retail water and sewer rates in Orange County, Texas. Applicant provides retail water and sewer to approximately 107 customers. Recommendation: Adoption of agreement of parties. (Kerry D. Sullivan)
ADOPTED EXAMINER'S PROPOSAL FOR DECISION; PR\RM.
Item 34. Docket No. 95- 0359- WR. Consideration of Examiner's memorandum concerning the application of Enrique S. Palomo and Francis Palomo for an amendment to Certificate of Adjudication No. 21- 3184 to authorize an increase in the amount of water authorized to be diverted from 10 acre- feet (ac/ft.) to 210 ac/ft. per year, an increase in the diversion rate from 0.22 cubic feet per second (cfs) to 1.07 cfs, to increase the irrigated area from 5 acres to 1050 acres, and to add a second diversion point on an existing 64- acre foot capacity reservoir in Bandera County, Texas. Recommendation: Issuance of Permit. (Bill Ehret)
ADOPTED EXAMINER'S PROPOSAL FOR DECISION; PR\RM.
Item 35. Docket No. 95- 0578- MWD. Consideration of Examiner's Memorandum concerning the application of CMH Parks, Inc. for Permit No. 13732- 001 to authorize the discharge of 20,000 gpd of treated domestic wastewater effluent in Denton County, Texas and Segment No. 0826 of the Trinity River Basin. Recommendation: Issuance of permit. (Carol Wood)
ADOPTED EXAMINER'S PROPOSAL FOR DECISION; PR\RM.
Item 36. Docket No. 95- 0812- AGR. Consideration of Examiner's Memorandum concerning the application of Garry C. Davis for Permit No. 03763 to authorize disposal of waste and wastewater from a dairy operation in Comanche County, Texas, Segment No. 1221 of the Brazos River Basin. Recommendation: Issuance of Permit (Cynthia Hayes)
ADOPTED EXAMINER'S PROPOSAL FOR DECISION; PR\PM.
Item 37. Docket No. 95- 0485- WR. Consideration of Examiner's Memorandum and Order concerning the application of William C. Nack and John Gee for a permit to impound 1 acre- foot of water in Bandera County, Texas. Recommendation: Dismissal of permit. (Alexandre Bourgeois)
ITEM CONTINUED TO THE AUGUST 23, 1995 AGENDA AT 9:30 A.M.
Item 38. Docket No. 94- 0390- MWD. Consideration of Examiner's Proposal for Decision and Order concerning the application of Maverick County for Permit No. 13716- 01 to authorize the discharge of 10,000 gpd of treated domestic wastewater effluent in Maverick County, Texas and Segment No. 2304 of the Rio Grande River Basin. Recommendation: Issuance of permit. (Alexandre Bourgeois)
ADOPTED PROPOSAL FOR DECISION AS RECOMMENDED, SUSTAINING EXECUTIVE DIRECTOR EXCEPTIONS; PR\RM.
Item 39. Docket No. 95- 0418- UCR. Consideration of Examiner's Proposal for Decision and Order concerning (1) the application of Highsaw Water Corporation to increase retail water rates in Henderson County, Texas and (2) the petition of Highsaw Water Corporation appealing from rate ordinance of City of Coffee City. Applicant provides retail water service to approximately 520 customers. Recommendation: Partial approval of rate increase. (Patricia Robards)
ADOPTED RATE RECOMMENDATION OF EXECUTIVE DIRECTOR, AWARDED EXPENSES OF $15,000 TO BE INCLUDED IN THE COST OF SERVICE, ALSO ADOPTED RECOMMENDATION OF EXAMINER THAT DID NOT CONFLICT WITH EXECUTIVE DIRECTOR RECOMMENDATION AND DENIED RATE INCREASE TO CITY CUSTOMERS; PR/RM.
Item 40. Docket Nos. 95- 0824- UCR through 95- 0828- UCR and 95- 0830- UCR through 95- 0835 and 95- 0931- UCR. Consideration of Examiner's Proposal for Decision concerning the petition of Jerbo/San Ann Land, L.P., et al., for a review of rates and an expedited Order setting interim rates with an escrow requirement charged by Hill Country S.A., Ltd. By this petition, Jerbo/San Ann Land, L.P., et al. complain of an extension fee set by an October 7, 1994 tariff amendment which was administratively approved by the Executive Director. Hill Country S.A., Ltd., is requiring the petitioners pay the extension fee as a condition for water service within Hill Country S.A., Ltd.'s certificated area in Bexar County, Texas. Recommendation: Adoption of Interim Order setting an interim rate with an escrow requirement until the Commission's final rate determination. (Cecile Hanna)
OVERRULED EXAMINER AND DID NOT REQUIRE ESCROW; PR\RM.
EXECUTIVE SESSION
Item 41. Docket No. 95-1131-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 42. Docket No. 95-1132-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.)
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OLD BUSINESS AGENDA
Wednesday, July 26, 1995
TEXAS NATURAL RESOURCE CONSERVATION COMMISSION
9:30 a.m.
Bldg E. Room 201S
12118 N. Interstate 35
Item carried forward from Agenda of June 28, 1995.
Item 1. 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)
REISSUED PERMIT WITH RECOMMENDATION FROM EXECUTIVE DIRECTOR STAFF; PR\RM.
Item carried forward from agenda of July 12, 1995.
Item 2. Docket No. 94- 0534- MWD- E. Consideration of a Texas Natural Resource Conservation Commission Agreed Order Assessing Administrative Penalties and Requiring Certain Actions of the City of Trenton pursuant to Texas Water Code Chapter 26; TNRCC Permit No. 10704- 01. Fannin County, Texas. (Guy Henry/Thomas)
ISSUED AGREED ORDER; PR\RM.
Item carried forward from agenda of July 12, 1995.
Item 3. Docket No. 95- 0217- MWD- E. Consideration of a Texas Natural Resource Conservation Commission Agreed Order Assessing Administrative Penalties and Requiring Certain Actions of North Texas Municipal Water District pursuant to Texas Water Code Chapter 26; TNRCC Permit No. 12047- 001. Rockwall County, Texas. (Guy Henry/Meyer)
ISSUED AGREED ORDER; PR\RM.
Item carried forward from agenda of July 12, 1995.
Item 4. Docket No. 95- 0071- UCR. Consideration of Examiner's Memorandum and Order concerning the application of Gene McCardle dba Paso View Water System for an amendment to Certificate of Convenience and Necessity No. 11841 to provide water service in El Paso County, TX. Recommendation: Adoption of agreement of parties. (Linda Sorrells)
ADOPTED EXAMINER'S PROPOSAL FOR DECISION; PR\PM.