MCBEE
MARQUEZ
BAKER
AGENDA
Wednesday,
September 20, 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. 95-
0854-
DIS.
CONSIDERATION OF A PROPOSED ORDER ACTING ON THE APPLICATION BY HARRIS COUNTY
WATER CONTROL & IMPROVEMENT DISTRICT NO. 155 FOR APPROVAL OF $1,850,000
UNLIMITED TAX BONDS, FOURTH ISSUE, 7.69% NET EFFECTIVE INTEREST RATE, SERIES
1995. For Commission consideration. Applicant requests approval of a bond
issue to finance a portion of the costs for the Southern Pacific Railroad (SPR)
Bridge over Fairfield Channel "A", Channel "A" Excavation, and storm water
pumping during construction of bridges over Channel "A". (Robert Ferguson)
Approved, BM/JB
Item 2. DOCKET NO. 95-
0683-
DIS.
CONSIDERATION OF A PROPOSED ORDER ACTING ON THE APPLICATION BY HARRIS COUNTY
MUNICIPAL UTILITY DISTRICT NO. 346; $1,810,000 UNLIMITED TAX BOND ISSUE, FIRST
ISSUE, 7.68% NET EFFECTIVE INTEREST RATE, SERIES 1995. For Commission
consideration. Applicant requests approval of a bond issue to finance
District's share of costs related to land acquisition, purchase of wastewater
capacity, construction of Joint Water plant, and construction of water,
wastewater & drainage facilities to serve land within the District.
(Robert Ferguson)
Approved, BM/JB
Item 3. DOCKET NO. 95-
0466-
DIS.
CONSIDERATION OF A PROPOSED ORDER ACTING ON THE APPLICATION BY CORNERSTONES
MUNICIPAL UTILITY DISTRICT OF HARRIS & FORT BEND COUNTIES; $3,180,000
UNLIMITED TAX BOND ISSUE, THIRD ISSUE, 8.17% 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 rehabilitation of
wastewater lines (Phase I) and water, wastewater, & drainage improvements
in various sections within the District. (Robert Ferguson)
Approved,
BM/JB
Item 4. DOCKET NO. 95-
0694-
DIS.
CONSIDERATION OF A PROPOSED ORDER ACTING ON AN APPLICATION BY HARRIS COUNTY
MUNICIPAL UTILITY DISTRICT NO. 360 FOR APPROVAL OF $3,250,000 UNLIMITED TAX
BONDS, SECOND ISSUE, 7.64% NET EFFECTIVE INTEREST RATE, SERIES 1995. For
Commission consideration. Applicant requests approval of a bond issue to
finance a wastewater treatment, interim detention improvements -
small ditch and pump, and water, wastewater and drainage facilities for
Longwood Village Section 2 and Section 3 offsite. (Robert
Ferguson)
Approved, BM/JB
UNCONTESTED (Utility
Matter)
Item 5. Docket No. 95-
1336-
UCR.
Consideration of the application of Tanglewood Water Company, Inc. to acquire
facilities from Tanglewood Resort Properties, Inc. and to obtain a sewer CCN
No. (20797) in Grayson County, Texas. (Application # 30369-
C,
Roy E. Roberts)
Approve Issuance of CCN, RM/JB
CONTESTED
(Authorization to Construct)
Item 6. Docket No.
95-1358-MWD. Consideration of Harris County Utility District No. 5 request
for authorization to construct sludge processing equipment in accordance with
Texas Water Code [[section]] 26.027(c). (Alexandre Bourgeois)
Approve Authorization to Construct, RM/BM
CONTESTED (Municipal Waste
Discharge Enforcement)
Item 7. Docket No. 95-
0926-
MWD-
E.
Consideration of a Default Order Assessing Administrative Penalties and
Requiring Certain Actions of Daniel F. Lynch d/b/a Valley Ridge Estates Mobile
Home Park, No Permit, for violating Section 26.121 of the Texas Water Code.
(Kathy Keils/Michael Meyer).
Issue Default Order, RM/JB
Item 8.
Docket No. 95-
1114-
MWD-
E.
Consideration of a Default Order Assessing Administrative Penalties and
Requiring Certain Actions of Aquila Realty Fund I, Inc., Permit No. 13617-
001
for violating Section 26.121 of the Texas Water Code, 30 Texas Administrative
Code Chapter 325, and Permit No. 13617-
001.
(Kathy Keils/Pam Campbell).
Issue Default Order, RM/JB
CONTESTED
(Solid Waste Registration Enforcement)
Item 9. Docket No. 94-
0204-
SWR-
E.
Consideration of a TNRCC Agreed Order assessing administrative penalties and
requiring certain actions of Chevron U.S.A., Inc. (Raymond C.
Winter).
Issue Agreed Order, RM/BM
CONTESTED (Petroleum
Storage Tank Enforcement)
Item 10. Docket No. 95-
1205-
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 Ms. Mayola
E. Lasater.; Enforcement Identification No. E11171. (Sushil
Modak)
Approved, RM/BM
Item 11. Docket No. 95-
1216-
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 U.S.
Business, Inc.; Enforcement Identification No. E10977. (Srini
Kusumanchi)
Approved, RM/BM
Item 12. Docket No. 95-
1217-
PST-
E.
Consideration of a TNRCC Agreed Order purusant 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 Shell Oil
Company.; Enforcement Identification No. 1200005. (Craig
Carson)
Approved, RM/BM
Item 13. Docket No. 95-
1218-
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 Danny's
Enterprises, Inc.; Enforcement Identification No. 1200001. (Craig
Carson)
Approved, RM/BM
Item 14. Docket No. 95-
1219-
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 FM Express
Food Mart, Incorporated.; Enforcement Identification No. 1200002. (Craig
Carson)
Approved, RM/BM
Item 15. Docket No. 95-
1215-
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. Frank
Daredia.; Enforcement Identification No. 11063. (Sushil Modak)
Approved,
RM/BM
Item 16. Docket No. 95-
1221-
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 Grozier
& Mann, Enforcement Identification No. 11137. (Jaime
Lopez)
Approved, RM/BM
Item 17. Docket No. 95-
1220-
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 Shell Oil
Company.; Enforcement Identification No. 1200003. (Craig
Carson)
Approved, RM/BM
Item 18. Docket No. 95-
1204-
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 Bolm
Estate.; Enforcement Identification No. 10961. (Sushil Modak)
Approved,
RM/BM
Item 19. Docket No. 95-
1222-
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. Chehade
Boulos.; Enforcement Identification No. 1200006. (Craig
Carson)
Approved, RM/BM
Item 20. Docket No. 95-
1247-
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 Horkey Oil
Company, Inc.; Enforcement Identification No. 10944. (Mark
Norman)
Approved, RM/BM
Item 21. Docket No. 95-
1206-
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. Serafin
Quinroga, Jr.; Enforcement Identification No. E11088. (Sushil
Modak)
Approved, RM/BM
Item 22. Docket No. 95-
0899-
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 Swanee
International Corporation.; Enforcement Identification No. 1200004. (Craig
Carson)
Approved, RM/BM
Item 23. Docket No. 95-
1246-
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. Frank
Migl.; Enforcement Identification No. 11060. (Srini
Kusumanchi)
Approved, RM/BM
Item 24. Docket No. 95-
1263-
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. Roy
Mercer.; Enforcement Identification No. 10930. (Mark Norman)
Approved,
RM/BM
Item 25. Docket No. 95-
1248-
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 Federal
Express Corporation.; Enforcement Identification No. 10984. (Mark
Norman)
Approved, RM/BM
Item 26. Docket No. 95-
1207-
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. Serafin
Quinroga.; Enforcement Identification No. E11087. (Sushil
Modak)
Approved, RM/BM
Item 27. Docket No. 95-
1214-
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 L & F
Distributors.; Enforcement Identification No. 10979. (Mark
Norman)
Approved, RM/BM
Item 28. Docket No. 95-
1211-
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 Soil
Solutions, L.L.P.; Enforcement Identification No. 11022. (Mark
Norman)
Approved, RM/BM
Item 29. Docket No. 95-
1213-
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 Sac-
N-
Pac
Stores.; Enforcement Identification No. 10456. (Srini Kusumanchi)
Approved, RM/BM
Item 30. Docket No. 95-
1208-
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 Jayfield
Investments Corporation.; Enforcement Identification No. 11102. (Sushil
Modak)
Approved, RM/BM
Item 31. Docket No. 95-
1209-
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 U-
Serve
Enterprises.; Enforcement Identification No. E11092. (Sushil
Modak)
Approved, RM/BM
Item 32. Docket No. 95-
1212-
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 Bunch Oil
Company, Inc.; Enforcement Identification No. 10933. (Sushil
Modak)
Approved, RM/BM
Item 33. Docket No. 95-
1129-
PST-
E.
Consideration of a TNRCC Default Order assessing administrative penalties and
requiring certain actions of J.M. Craven, Craven Truck Center. (Raymond C.
Winter).
No Action Required
Item 34. Docket No. 94-
0269-
PST-
E.
Consideration of a TNRCC Default Order assessing administrative penalties and
requiring certain actions of Mr. William Biscamp and Ms. Annette Butler.
(Raymond C. Winter).
Issue Default Order, JB/RM
CONTESTED
(RULE)
Item 35. Docket No. 95-
1357-
RUL.
Consideration for adoption of amendments to Sections 290.38-
290.50,
concerning Rules and Regulations for Public Water Systems; and new 30 TAC
Chapter 290, Section 290.121, concerning Drinking Water Standards Governing
Drinking Water Quality and Reporting Requirements for Public Water Systems. If
adopted, these rules would meet the requirements of recent state legislation
regarding plumbing requirements and new federal rules governing surface water
treatment. The proposed rules were published in the June 13, 1995 issue of the
Texas Register (20 TexReg 4324). (James Pope/239-
6055).
Adopt
Amendments as recommended by staff, RM/BM
CONTESTED (Hearing
Examiner's Items)
Item 36. Docket No. 95-
0873-
UCR.
Consideration of Examiner's Memorandum and Order concerning the application of
Speer Properties, Inc. for a Certificate of Convenience and Necessity to
provide water service in Chambers County, Texas. Recommendation: Adoption of
agreement of parties. (Mike Rogan)
Adopt Examiner's Memorandum and Issue
Order, RM/JB
Item 37. Docket No. 95-
1313-
UCR.
Consideration of Examiner's Memorandum and Order concerning the Petition of
Steven White dba White Bros, Farm; J. M. Frost, III; Ford J. Frost and Devers
Canal Rice Producers Association, Inc. against Trinity Water Reserve, Inc.
Devers Canal System to review wholesale water rates in Liberty, Chambers and
Jefferson Counties, Texas. Recommendation: Dismissal per agreement of
parties. (Elizabeth Todd)
Adopt Examiner's Memorandum and Issue Order, RM/JB
Item 38. Docket
No. 95-
0579-MWD.
Consideration of Examiner's Memorandum concerning the application of Deercreek
Waterworks, Inc. for Permit No. 13759-
01
to authorize the disposal by irrigation of 132,000 gpd of treated domestic
wastewater effluent in Parker County, Texas, and Segment No. 0831 of the
Trinity River Basin. Applicant also seeks a variance from the buffer zone
requirement pursuant to 30 TAC Section 309.13 (e) (1) (B). Recommendation:
Issuance of Permit (Linda Sorrells)
Adopt Examiner's Memorandum and
Issue Order, RM/JB
Item 39. Docket No. 94-
0382-
PST.
Consideration of Examiner's Proposal for Decision and Order concerning the
application of DMJ of Anahuac, Inc. for reimbursement from the Petroleum
Storage Tank Remediation Fund for removal activities associated with
underground storage tanks located in Anahuac, Chambers County, Texas.
Recommendation: Denial of Reimbursement. (Cecile Hanna)
Adopt
Examiner's Proposal for Decision and Issue Order, RM/JB
Item 40.
Docket Number 95-
0348-
MWD.
Consideration of Examiner's Proposal For Decision and Order concerning the
application of Harris County MUD #360 for Permit No. 13753-
001
to authorize the discharge of 800,000 gpd of treated domestic wastewater
effluent in Harris County, Texas and Segment No. 1009 of the San Jacinto River
Basin. Recommendation: Issuance of permit. (Mike Rogan)
Adopt
Examiner's Proposal for Decision with changes as recommended by Chairman,
BM/RM
EXECUTIVE SESSION
Item 41. Docket No.
95-1377-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. 95-1378-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, September 20, 1995
TEXAS NATURAL
RESOURCE CONSERVATION COMMISSION
9:30 a.m.
Room 201S, Bldg
E.
12118 N. Interstate 35
Item 43. Docket No. 95-1391-AIR.
Consideration of proposed modifications to Agreed Order No. 94-22 regarding
Simpson Pasadena Paper Company, authorizing changes in emissions of Sulfur
Dioxide at its paper mill located in Pasadena, Harris County. (Rod
Johnson)
Approve Staff Recommendation, RM/BM
OLD BUSINESS
AGENDA
Wednesday, September 20, 1995
TEXAS NATURAL RESOURCE
CONSERVATION COMMISSION
9:30 a.m.
Room 201S, Building E.
12118 N.
Interstate 35
Item carried forward from Agenda of August 23,
1995.
Item 1. Docket No. 95-
1028-
AIR-
E.
Consideration of a TNRCC Agreed Order assessing administrative penalties and
requiring certain actions of Anglo Iron and Metal; Account No. CD-
0163-
N,
for Air Quality violations. (Paul Sarahan)
Approved, RM/BM
Item carried forward from Agenda of
August 23, 1995.
Item 2. Docket No. 95-
0950-
AIR-
E.
Consideration of a TNRCC Agreed Order assessing administrative penalties and
requiring certain actions of DSI Transports, Incorporated; Account No. JC-
0056-
M,
for Air Quality violations. (Shannon Kilgore)
Approved, RM/BM
Item carried forward from
Agenda of August 23, 1995.
Item 3. Docket No. 95-
0979-
AIR-
E.
Consideration of a TNRCC Agreed Order assessing administrative penalties and
requiring certain actions of Universal Forest Products, Inc.; Account No. JH-
0056-
D,
for Air Quality violations. (Shannon Kilgore)
Approved,
RM/BM
Item carried forward from Agenda of August 23, 1995.
Item 4. Docket No. 95-
0981-
AIR-
E.
Consideration of a TNRCC Agreed Order assessing administrative penalties and
requiring certain actions of Venus Marble Company, Inc.; Account No. DB-
1624-
T,
for Air Quality violations. (Greg Warmink)
Approved,
RM/BM
Item carried forward from Agenda of September 6,
1995.
Item 5. Docket No. 95-1282-RPT. A report to Commission on
the Title V Planning Committee recommendations with regard to the Federal
Operating Permit Program in Texas. The Title V Planning Committee, a
consortium of industry members, consultants, and lawyers affected by Title V,
have been meeting since May 18, 1995, with the goal of streamlining the
requirements of the Federal Operating Permit Program in Texas. Members of the
Office of Policy and Regulatory Development, Field Operations, Legal Services
and the Operating Permits Division have served in the limited capacity of a
technical resource for the Committee. (Shannon)
Remand to
Staff
Item carried forward from Agenda of September 13,
1995.
Item 6. Docket No. 95-1354-EXE. The Texas Natural
Resource Conservation Commission will meet in closed session to discuss (1) the
following pending litigation: Tejas Testing Technology One, L.C. and Tejas
Testing Technology Two, L.C. v. Texas Natural Resource Conservation Commission,
John Hall, Ralph Marquez, Pam Reed, Dan Pearson, Dan Morales and the Texas
Department of Public Safety, Cause No. 95-05307, in the State District
Court of Travis County, Texas, and (2) legal matters with respect to the
contracts between the TNRCC and Tejas Testing Technology One, and Tejas
Technology Two, L.C., and MARTA Technologies, Inc. The authority for the
closed session is Section 551.071 of the Open Meetings Act, Chapter 551 of the
Government Code. The Act requires the Commission to reconvene in open session
prior to taking any vote or making any decision. The Commission may meet in
open session to take official action concerning these matters, including action
on the contracts.
Continued to September 27, 1995