UNCONTESTED (Report)

Item 3. Docket No. 95-1534-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. (Anne Dobbs/John Riley).

No Action Required

CONTESTED (Municipal Solid Waste Management Plan)

Item 4. Docket No. 95- 1426- MSW. Consideration of a proposed regional solid waste management plan submitted by the Texoma Council of Governments. Regional Solid Waste Management Plans are required by the Texas Health and Safety Code, Chapter 363 (Comprehensive Solid Waste Management, Recovery, and Conservation Act, 1990). (TARA DRISSELL)

Adopt Plan as Recommended, RM/JB

CONTESTED (Contract)

Item 5. Docket No. 95- 1485- CON. Consideration of authorizing the Executive Director to execute an amendment to a contract with Geo- Pure Continental., for granular activated carbon water systems at multiple LPST sites.

Approve Contract, RM/JB

Item 6. Docket No. 95- 1519- CON. Consideration of the Executive Director's request for administrative approval to negotiate and execute two-year regional Solid Waste grant contracts as directed by House Bill 3072 with the Alamo Area Council of Governments, Capital Area Planning Council, Houston-Galveston Area Council and North Central Texas Council of Governments in amounts that exceed $1,000,000.00 the provision of funds is established by the Comprehensive Municipal Solid Waste Management, Resource Recovery, and Conservation Act (Chapter 363 Texas Health and Safety Code). (Dan Eden)

Approve Staff Recommendations on Contract, with changes as recommended by Chairman McBee, RM/JB

CONTESTED (Air Quality Enforcement)

Item 7. Docket No. 95-1244-AIR-E. Consideration of a TNRCC Agreed Order assessing administrative penalties and requiring certain actions of La Gloria Oil & Gas Company; Account No. SK-0022-A, for Air Quality violations. (Lisa Uselton Dyar)

Issue Agreed Order, RM/JB

CONTESTED (Rules)

Item 8. Docket No. 95- 1416- RUL. Consideration for publication and hearing of proposed new 30 TAC Chapter 333, concerning Voluntary Cleanup Programs. The proposed new rules would establish definitions and public participation requirements, add rules to clarify statutory requirements, and set forth remediation standards for the Voluntary Cleanup Program. The new rules are proposed to implement changes requested by House Bill 2296, 74th Legislature. (Clark Talkington).

Approve Publication and Proceed to Hearing, RM/BM

Item 9. Docket No. 95- 1413- RUL. Consideration for publication and hearing of proposed new 30 TAC Chapter 327, Sections 327.1- 327.5, concerning Spill Prevention and Control. The proposed new sections would establish reporting requirements for spills and discharges of hazardous substances, oil, industrial waste and other substances. (Clark Talkington).

Approve Publication and Proceed to Hearing, RM/JB

Item 10. Docket No. 95- 0719- RUL. Consideration for adoption of amendments to 30 TAC Chapter 115, Subchapter B, Sections 131, 132, 133, 135, 137, and 139 regarding General Volatile Organic Compound Sources (Water Separation) and revisions to the State Implementation Plan regarding these amendments. If adopted, these rule amendments would exempt certain smaller VOC/water separators from controls. The proposal was published in the TexReg on May 26, 1995. (Randy Hamilton).

Adopt Amendments, RM/JB

CONTESTED (Municipal Solid Waste Enforcement)

Item 11. Docket No. 95- 1176- MSW- E. Consideration of the Executive Director of the Texas Natural Resource Conservation Commission's Petition to revoke Port Arthur Corruther/Corruther's Truck Tire Haul's Tire Transporter Registration No. 25175 pertaining to municipal solid waste. (Kelly McCollum/Vic Ramirez)

Continued to November 16, 1995

CONTESTED (Administrative Law Judge's Proposal for Decision)

Item 12. Docket No. 95- 0229- MWD. SOAH Docket No. 582- 95- 1154. Consideration of Administrative Law Judge's Proposal for Decision concerning the application of City of San Marcos for an Amendment Permit No. 10273- 02 to authorize the discharge of 9.0 mgd of treated domestic wastewater effluent in Hayes County, Texas and Segment No. 18089 of the Guadalupe River Basin. Recommendation: Issuance of permit as modified. ALJ: Tommy Broyles

Adopt Administrative Law Judge's Proposal for Decision and overrule all exceptions, Delete Finding of Fact #8, RM/JB

CONTESTED (Motion for Rehearing)

Item 13. Docket No. 95-0858-DIS. The Commission will consider a motion for rehearing concerning the Commission's order issued on September 13, 1995, which approved the application of Travis County Water Control and Improvement District No. 17 (Steiner Ranch defined area) for approval to issue $3,650,000 of unlimited tax bonds, second issue, 7.172% net effective interest rate, series 1995. The Commission order approved the issuance to fund expansion of district facilities for the defined area.

Deny Motion for Rehearing, RM/BM

EXECUTIVE SESSION

Item 14. Docket No. 95-1573-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 15. Docket No. 95-1574-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, October 25, 1995

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.
Room 201S, Bldg E.
12118 N. Interstate 35


Item 16. Docket No. 95-1584-EXE. The Commissioners will meet in Closed Session to discuss the duties and roles of the Commission's General Counsel, Chief Clerk, Public Interest Counsel, Director of Internal Audit, and Ombudsman under Section 551.074 of the Open Meetings Act, Chapter 551 of the Government Code. The Commission may also meet in Open Session to consider and take action on the duties and role of these employees in accordance with Chapter 551 of the Government Code.

Move the commission send forth a memorandum that will begin a process to evaluate the operations of the Chief Clerks Office and of the agenda process. Mr. Connor will chair that working group, with representatives from all the various components of the agency, with an idea within 90 days coming back with a report perhaps considering some changes within the Chief Clerks Office and the agenda system. Carl Forrester will bring a report to the Commission regarding other possibilites for Alternative dispute resolutions, the use of that by this agency and what resources might be needed to accomplish those uses, and a memorandum to Mark Alvarado, asking him to bring forth some thougths in repsonse to Commission directions as to the further roles and functions of his office, BM/JB

OLD BUSINESS AGENDA

Wednesday, October 25, 1995

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.
Room 201S, Bldg E.


Item carried forward from Agenda of October 11, 1995.

Item 1. Docket No. 95- 1383- SPF. Consideration of authorizing the Executive Director to amend a contract with OHM, Inc. for professional engineering services for the Butler Ranch State Superfund Site Remedial Investigation and Feasibility Study in Karnes County, Texas.

Approve Contract, RM/JB

Item carried forward from Agenda of October 18, 1995.

Item 2. Docket No. 95-1561-UCR. Consideration of the application of Bexar Metropolitan Water District, CCN No. 10675, to Transfer and to Cancel Water CCN No. 10664 from Hill Country S.A., Ltd. dba Hill Country Water Systems and to Amend CCN No. 10675 in Bexar County, Texas. (Application #30911-S, Doug Holcomb)

Approve Staff Recommendation, JB/RM

OLD BUSINESS AGENDA

Wednesday, October 25, 1995

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

1:00 p.m.
Room 201S, Bldg E.
12118 N. Interstate 35



Item carried forward from Agenda of October 18, 1995.

Item 1. Docket No. 95-0296-IHW. Commissioners will consider the Motions for Rehearing filed by Susan Potts, Buck Wynne, Jennifer Riggs and Marianne Baker, concerning proposed permit No. HW 50325 and Permit No. WDW-167 of Waste Water Inc. The Commission adopted Examiner's Proposal for Decision on August 23, 1995 and issued an order on September 8, 1995.

Continued to November 1, 1995 at 1:00 p.m.