MCBEE-Absent for items OB1, 1, 2, 3, 4, 5, 6, and Part of 7
MARQUEZ-Acting Chairman for Items Ob1, 1, 2, 3, 4, 5, 6, and Part of 7
BAKER
AGENDA

Wednesday, November 1, 1995

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

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


UNCONTESTED (Municipal Solid Waste Management Plan)

Item 1. Docket No. 95- 1530- MSW. CONSIDERATION OF A PROPOSED REGIONAL SOLID WASTE MANAGEMENT PLAN SUBMITTED BY THE CENTRAL TEXAS COUNCIL OF GOVERNMENTS. REGIONAL SOLID WASTE MANAGEMENT PLANS ARE REQUIRED BY THE TEXAS HEALTH AND SAFETY CODE, CHAPTER 363 (COMPREHENSIVE MUNICIPAL SOLID WASTE MANAGEMENT, RECOVERY, AND CONSERVATION ACT, 1990). (Tara Drissell)

Approve Management Plan, JB/RM

CONTESTED (Consideration of Hearing Requests)

Item 2. Docket No. 95-1472-MWD. APPLICATION BY CITY OF MINEOLA for an amendment to Permit No. 10349-01 to authorize an increase in the discharge of treated domestic wastewater effluent from a volume not to exceed an average flow of 800,000 gallons per day to a volume not to exceed an average flow of 2,000,000 gallons per day. The proposed amendment would also change the disinfection method in the final phase from chlorination/dechlorination to ultra-violet (UV) light. The wastewater treatment plant is approximately 0.3 mile east of U.S. Highway 69 at a point 2 miles southeast of the center of the City of Mineola in Wood County, Texas. The effluent is discharged into an unnamed creek; thence to the Sabine River Below Lake Tawakoni in Segment No. 0506 of the Sabine River Basin. The Commission will consider the application and hearing requests that have been filed on the application.

Continued to November 29, 1995

Item 3. Docket No. 95-1486-MWD. APPLICATION BY CITY OF WHITESBORO for renewal of Permit No. 10464-01 which authorizes a discharge of treated domestic wastewater effluent at a volume not to exceed an average flow of 450,000 gallons per day from the Mineral Creek Wastewater Treatment Facility. The facility is on Mineral Creek, approximately 1,000 feet east of U.S. Highway 377 and approximately 0.8 mile north of the intersection of U.S. Highway 82 and 377 in the City of Whitesboro in Grayson County, Texas. The effluent is discharged into an unnamed tributary of Big Mineral Creek; thence into Big Mineral Creek; thence into Lake Texoma in Segment No. 0203 of the Red River Basin. The Commission will consider the application and hearing requests that have been filed on the application.

Deny Request for Hearing and Issue Permit, JB/RM

Item 4. Docket No. 95-1475-MWD. APPLICATION BY JOHNSON COUNTY FRESH WATER SUPPLY DISTRICT NO. 1 for an amendment to Permit No. 10532-01 to authorize an increase in the discharge of treated domestic wastewater effluent from a volume not to exceed an average flow of 450,000 gallons per day to a volume not to exceed an average flow of 700,000 gallons per day. The wastewater treatment facilities are approximately 3.6 miles southeast of the City of Burleson, approximately one mile upstream of the crossing of Village Creek and Farm-to-Market Road 731 in Johnson County, Texas. The effluent is discharged into an unnamed tributary; thence to Village Creek; thence to Lake Arlington in Segment No. 0828 of the Trinity River Basin. The Commission will consider the application and hearing requests that have been filed on the application.

Deny Arlingtons Hearing Request and grant request filed by 3 other protestants and remand to State Office Administrative Hearing for hearing, JB/RM

Item 5. Docket No. 95-1471-MWD. APPLICATION BY CITY OF ORANGE for an amendment to Permit No. 10626-01 to authorize an increase in the 2-hour peak flow from 11,111 gallons per minute to 16,667 gallons per minute and to add Outfall 002 to monitor the 2-hour peak flow discharge above 11,111 gallons per minute to Adams Bayou. The proposed amendment will also authorize a variance to the buffer zone requirements. The wastewater treatment facilities are at 402 South 10th Street, between Jackson Street and Polk Avenue and approximately 1,800 feet west of Farm-to-Market Road 1006 (Border Street) in Orange County, Texas. The effluent from Outfall 002 will be discharged to Adams Bayou Tidal in Segment No. 0508 of the Sabine River Basin. The Commission will consider the application and hearing requests that have been filed on the application.

Remand to Alternative Dispute Resolution Office, JB/RM

Item 6. Docket No. 95-1470-MWD. APPLICATION BY CITY OF SPRINGTOWN for renewal of Permit No. 10649-01 which authorizes a discharge of treated domestic wastewater effluent at a volume not to exceed an average flow of 260,000 gallons per day. The wastewater treatment facilities are east of the City of Springtown, at a point approximately 4600 feet east of the intersection of Spring Branch Trail and 3rd Street in Parker County, Texas. The effluent is discharged into Walnut Creek; thence into Eagle Mountain Reservoir in Segment No. 0809 of the Trinity River Basin. The Commission will consider the application and hearing requests that have been filed on the application. (Bob Sweeney/Tom Weber)

Deny Hearing Request and Issue Permit, JB/RM

Item 7. Docket No. 95-1478-MWD. APPLICATION BY CITY OF CRANDALL for an amendment to Permit No. 10834-01 to authorize an increase in the discharge of treated domestic wastewater effluent from a volume not to exceed an average flow of 300,000 gallons per day to a volume not to exceed an average flow of 600,000 gallons per day. The wastewater treatment facilities are approximately 2,000 feet southwest of the intersection of Buffalo Creek and Farm-to-Market Road 148 in Kaufman County, Texas. The effluent is discharged into an unnamed tributary; thence to Buffalo Creek; thence to the East Fork Trinity River in Segment No. 0819 of the Trinity River Basin. The Commission will consider the application and hearing requests that have been filed on the application. (Bob Sweeney/Tom Weber)

Remand to State Office Administrative Hearing, RM/JB

Item 8. Docket No. 95-1474-MWD. APPLICATION BY CITY OF LAKEWOOD VILLAGE for an amendment to Permit No. 10903-01 to authorize an increase in the discharge of treated domestic wastewater effluent from a volume not to exceed an average flow of 12,000 gallons per day to a volume not to exceed an average flow of 47,000 gallons per day. The proposed permit also authorizes a variance to the buffer zone requirements. The wastewater treatment facilities are approximately 7000 feet northeast of the north end of the old Lake Dallas Dam in Denton County, Texas. The effluent is discharged into an unnamed ditch; thence to Lewisville Lake in Segment No. 0823 of the Trinity River Basin. The Commission will consider the application and hearing requests that have been filed on the application. (Bob Sweeney/Tom Weber)

Continued to November 16, 1995

Item 9. Docket No. 95-1477-MWD. APPLICATION BY CAMERON COUNTY FRESH WATER SUPPLY DISTRICT NO. 1 for a permit (Proposed Permit No. 13772-01) to authorize a discharge of treated domestic wastewater effluent at a volume not to exceed an average flow of 1,500,000 gallons per day. The proposed permit would also authorize a variance to the buffer zone requirements. The wastewater treatment facilities are to be approximately 3.7 miles north of the Queen Isabela Causeway (Park Road 100) on the west side of South Padre Island near Andy Bowie Park in Cameron County, Texas. The effluent is to be discharged into the Laguna Madre in Segment No. 2491 of the Bays and Estuaries. The Commission will consider the application and hearing requests that have been filed on the application. (Bob Sweeney/Tom Weber)

Remand to Alternative Dispute Resolution, RM/BM

Item 10. Docket No. 95-1469-MWD. APPLICATION BY CITY OF THE COLONY for a permit (Proposed Permit No. 13785-01) to authorize a discharge of treated domestic wastewater effluent at a volume not to exceed an average flow of 16,000 gallon per day. The wastewater treatment facilities are to be approximately 1.75 miles south of Farm-to-Market Road 720 and approximately 3 miles west of Farm-to-Market Road 423 in Denton County, Texas. The effluent is to be discharged through a six inch pipe into a natural draw of Lewisville Lake; thence into Lewisville Lake in Segment No. 0823 of the Trinity River Basin. The Commission will consider the application and hearing requests that have been filed on the application. (Bob Sweeney/Tom Weber)

Deny request for hearing and Issue Permit, JB/BM

Item 11. Docket No. 95-1473-MWD. APPLICATION BY LAST DAYS EVANGELICAL ASSOCIATION for a permit (Proposed Permit No. 13790-01) to authorize a discharge of treated domestic wastewater effluent at a volume not to exceed an average flow of 10,000 gallons per day. The proposed permit will be issued to expire May 1, 1998 in accordance with 30 TAC 305.71, Basin Permitting Rule. The plant site is approximately 1,150 feet west and 1,300 feet north of the intersection of Farm-to-Market Road 1253 and State Highway 16 in Smith County, Texas. The effluent is discharged into an unnamed tributary; thence to Rock Creek; thence to the Sabine River Below Lake Tawakoni in Segment No. 0506 of the Sabine River Basin. The Commission will consider the application and hearing requests that have been filed on the application. (Bob Sweeney/Tom Weber)

Deny request for hearing and Issue Permit, JB/BM

Item 12. Docket No. 95-1543-IHW. APPLICATION BY HEAT ENERGY ADVANCED TECHNOLOGY, INC. (HEAT) for renewal of Permit No. HW50029 to authorize the continued operation of a hazardous waste storage and processing facility. Wastes managed at this facility are generated on-site at the HEAT fuels blending plant and received from off-site sources on a commercial basis. Wastes consist of hazardous, Class I non-hazardous and Class II non-hazardous industrial solid wastes. The facility is on approximately 2.409 acres, at 4460 Singleton Boulevard near Loop 12 and Interstate 30 in the City of Dallas, Dallas County, Texas. This location is in the drainage area of Segment No. 805 of the Trinity River Basin. The Commission will consider the application and hearing requests that have been filed on the application. (Angela Stepherson/Kari Bourland)

Remand to State Office Administrative Hearing to determine if protestants have justiciable interest only, RM/JB

CONTESTED (Agricultural Enforcement)

Item 13. Docket No. 95-1483-AGR-E. Consideration of a Texas Natural Resource Conservation Commission Agreed Order Assessing Administrative Penalties and Requiring Certain Actions of W.B. White in San Saba County, TNRCC Permit No. 02283. (Claudia Chaffin, Guy Henry)

Issue Agreed Order, JB/RM

Item 14. Docket No. 95-1505-AGR-E. Consideration of a Texas Natural Resource Conservation Commission Agreed Order Assessing Administrative Penalties and Requiring Certain Actions of Hickson Kerley, Inc. (AKA Kerley Agricultural Chemicals, Inc.) in Harris County, no TNRCC permit. (Mary E. Smith, Guy Henry)

Issue Agreed Order, JB/RM

CONTESTED (Public Water Supply Enforcement)

Item 15. Docket No. 95- 0059- PWS- E. CONSIDERATION OF AN AGREED ORDER RESOLVING AN ENFORCEMENT ACTION AGAINST KEY LARGO UTILITIES FOR VIOLATIONS OF THE TEXAS HEALTH AND SAFETY CODE, CHAPTER 341, SUBCHAPTER C, CHAPTER 13 OF THE TEXAS WATER CODE, ORDERS AND RULES OF THE TEXAS NATURAL RESOURCE CONSERVATION COMMISSION; ASSESSING ADMINISTRATIVE PENALTIES AND REQUIRING CERTAIN ACTIONS OF KEY LARGO UTILITIES.

Issue Agreed Order, RM/BM

CONTESTED (Industrial Hazardous Waste Enforcement)

Item 16. Docket No. 95- 0220- IHW- E. Consideration of an Agreed Order Requiring Certain Actions of U.S. Air Force Randolph Air Force Base. (Laura Ray).

Issue Agreed Order, BM/JB

CONTESTED (Rules)

Item 17. Docket No. 95- 1572- RUL. Consideration for adoption of amendments to 30 TAC Chapter 114, Sections 114.3, 114.6, and 114.7, concerning Control of Air Pollution From Motor Vehicles. If approved, the amendments would change requirements for the emissions test and place those requirements under the Texas Department of Public Safety's rules and regulations. The amendments would also remove the hardship eligibility criteria, as adopted August 31, 1994, and any test fees that were associated with emissions inspections, as adopted January 11, 1995. The proposal was published in the TexReg on August 11, 1995 (20 TexReg 6078). (John Steib).

Adopt Rules as Recommended, RM/BM

Item 18. Docket No. 95- 1490- RUL. Consideration for publication and hearing upon the proposed repeal of 30 TAC Chapter 115, Subchapter G, Sections 621 and 625, concerning Utility Engines. The proposed repeal would remove regulations that have been superseded by recent federal rulemaking and policy decisions. (Beecher Cameron).

Authorize Publication and Hearing as Recommended by Staff, JB/RM

Item 19. Docket No. 95- 1297- RUL. Consideration for adoption of a new 30 TAC Chapter 332, concerning Composting; and amendment of 30 TAC Chapter 335, Subchapter A, Section 335.2, concerning Industrial Solid Waste and Municipal Hazardous Waste in General. If adopted the rules would establish standards for composting source- separated feedstocks, municipal solid waste, and municipal sewage sludge to encourage the diversion and beneficial reuse of these materials. The proposed rule was published in 20 TexReg 4465 (June 20, 1995) and 20 TexReg 4535 (June 23, 1995). (Clark Talkington).

Adopt Rules as Recommended, BM/RM

CONTESTED (Administrative Law Judge's Proposal for Decision)

Item 20. Docket No. 95- 0226- UCR. Consideration of Administrative Law Judge's Proposal for Decision and Order concerning the application of Tanglewood Water Company, Inc. to increase retail sewer in Grayson County, Texas. Applicant provides retail sewer service to approximately 22 customers. Recommendation: Approval of application. (ALJ) Mike Rogan

Adopt Administrative Law Judge's Proposal for Decision, RM/JB



CONTESTED (Motion For Rehearings)

Item 21. Docket No. 95-0461-UCR. Commissioners will consider the Motions for Rehearing filed by Elton H. Mayfield and Kent Walker, concerning an order issued to Big Lakes Utilities, Incorporated. The Commission considered the issue at the September 6, 1995 Agenda.

Deny Motion for Rehearing, RM/JB

Item 22. Docket No. 95-0312-AIR. Commissioners will consider the Motion for Rehearing filed by The Environmental Justice Clinic, Thurgood Marshall School of Law, concerning an order issued to Rexene Styrene Plant. The Commission considered the issue at the August 30, 1995 Agenda.

Grant Motion to Strike the "Motion for Rehearing", BM/RM

Item 23. Docket No. 95-0494-WR. Commissioners will consider the Motion for Rehearing filed by Mildred Elizondo, concerning an Order issued to Department of Interior, Bureau of Reclamation. The Commission considered a Motion for Reconsideration at the August 30, 1995 Agenda.

Deny Motion for Rehearing, RM/BM

EXECUTIVE SESSION

Item 24. Docket No. 95-1585-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 25. Docket No. 95-1586-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, November 1, 1995

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

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


Item 26. Docket No. 95-0418-UCR. The Commission will consider a motion for rehearing filed concerning the application by Highsaw Water Corporation for a change in rates, and concerning Highsaw Water Corporation's appeal of the City of Coffee City's rate determination. The Commission issued an order in this on September 25, 1995.

Deny Motion for Rehearing, RM/JB

OLD BUSINESS AGENDA

Wednesday, November 1, 1995

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

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


Item carried forward from Agenda of October 18, 1995.

Item 1. Docket No. 95- 1409- RUL. Consideration for publication and hearing of proposed amendments to 30 TAC Chapter 330, Subchapter U, concerning Grants Pertaining to the Collection, Reuse, and Recycling of Used Oil, and Subchapter V, concerning Waste Tire Recycling and Energy Recovery Grants. The proposed rules will implement grant- related actions directed by Senate Bill 776 and Senate Bill 1683, pertaining to the waste tire recycling program and to the collection, management, and recycling of used oil and used oil filters, respectively. (Eddie Molina).

Approve Publication and Hearing as Recommended by Staff, JB/RM

OLD BUSINESS AGENDA

Wednesday, November 1, 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 and October 25, 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.

Deny all Motions for Rehearing - Mr. Wynne's Motion for Intervention approved, BM/JB (Commissioner Marquez abstained)