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)