Item 3. Docket No. 95- 1631- SPF. Consideration of an Administrative Order to conduct remedial design/remedial action at the Best Plate State Superfund site in Hutchins, Dallas County, Texas. (Alvie Nichols)

Approve Administrative Order, RM/BM


UNCONTESTED (Agency Report)

Item 4. Docket No. 95- 1641- RPT. Discussion of an Agency Report on Enforcement Actions from various programs including Agriculture, Air, Industrial & Hazardous Waste, Multi- Media, 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).

No Action Required

CONTESTED (Items 5 thru 13 are Agreed Orders, Industrial Solid Waste Enforcement, Industrial Waste Discharge Enforcements; Air Quality Enforcement; Industrial Hazardous Waste Enforcements; Petroleum Storage Tank Enforcements; Public Water Supply Enforcement)

Item 5. Docket No. 94- 0327- ISW- E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Union Pacific Railroad, Dallas M.K.T. Rail yard in Dallas, Dallas County; SWR No. 81424; for Industrial and Hazardous Waste violations pursuant to the TEX. HEALTH AND SAFETY CODE ANN. Chapter 361 (Vernon 1992), and TEXAS WATER CODE ANN., Chapters 5 and 26 (Vernon 1988 and Supp. 1994) and the rules of the Texas Natural Resource Conservation Commission. (Laura Ray).

Issue Agreed Order, BM/JB

Item 6. Docket No. 95- 1611- IWD- E. Consideration of a Texas Natural Resource Conservation Commission Agreed Order Assessing Administrative Penalties and Requiring Certain Actions of Vista Equipment Leasing Corp. in Harris County, TNRCC Permit No. 03317. (Pam Campbell, Kathy Keils)

Issue Agreed Order, RM/JB

Item 7. Docket No. 95- 1382- AIR- E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of J.M. Huber Corporation in Baytown, Harris County; Account No. HG- 0412- M; for Air Quality violations pursuant to the Texas Clean Air Act, Texas Health & Safety Code, Chapter 382 and the rules of the Texas Natural Resource Conservation Commission. (Lisa Uselton Dyar).

Issue Agreed Order, RM/JB

Item 8. Docket No. 95- 1001- IHW- E. Consideration of a Default Order Assessing Administrative Penalties and Requiring Certain Actions of L & C Enterprises SWR No. 81097. (McWherter).

Issue Default Order, RM/BM

Item 9. Docket No. 95- 0098- IHW- E. Consideration of an Agreed Order requiring certain actions of Phillips Petroleum Company in Hutchinson County; SWR No. 30111 for industrial & hazardous waste violations pursuant to Chapter 26 of the Texas Water Code, Chapter 361 of the Texas Health & Safety Code and the rules of the Texas Natural Resource Conservation Commission. (Vic McWherter).

Issue Agreed Order, RM/BM

Item 10. Docket No. 95- 1660- PST- E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Champion Iron & Metal in Harris County; Enforcement Identification No. E10569; for petroleum storage tank violations pursuant to Chapter 26 of the Texas Water Code, and the rules of the Texas Natural Resource Conservation Commission. (Paul Sarahan/Sushil Modak).

Issue Agreed Order, RM/JB

Item 11. Docket No. 95- 1018- PST- E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Lacey & Hollis Petroleum, Inc. in Lufkin, Angelina County; Enforcement ID NO. E10663; for underground storage tanks violations pursuant to Chapter 26 of the Texas Water Code and the rules of the Texas Natural Resource Conservation Commissions. (Raymond C. Winter).

Issue Agreed Order, RM/JB

Item 12. Docket No. 95- 1637- PST- E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Pride Of The Citrus Of Texas in Hidalgo County; Facility Identification No. 28228; Enforcement Identification No. E10880; for petroleum storage tank violations pursuant to Chapter 26 of the Texas Water Code, and the rules of the Texas Natural Resource Conservation Commission.

Issue Agreed Order, RM/JB

Item 13. Docket No. 95- 1481- PWS- E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Smyer in Hockley County; PWS NO. 1100010; for Public Water System violations pursuant to the Texas Health and Safety Code, Chapter 341, Subchapter C and the Rules of the Texas Natural Resource Conservation Commission. (Guy Henry)

Issue Agreed Order, RM/JB

CONTESTED (Items 14 thru 19 are Rules)

Item 14. Docket No. 95- 1609- RUL. Consideration for publication of the proposed amendment to 30 Texas Administrative Code (TAC) Chapter 281, Subchapter B, concerning Consistency With Texas Coastal Management Program. The proposed new sections will identify those commission actions which are subject to consistency with the goals and policies of the Texas Coastal Management Program pursuant to the Coastal Coordination Act, Subchapters C and F, Chapter 33, Texas Natural Resources Code, and rules of the Coastal Coordination Council contained in 31 TAC, Chapters 501 and 505. (Bruce A. Moulton)

Authorized publication with changes as recommended by staff, RM/BM

Item 15. Docket No. 95- 1589- RUL. Consideration for publication of proposed amendment of 30 TAC Chapter 344, concerning the Irrigators Advisory Council. The proposed rules reflect the implementation of new legislation (House Bill 2510) regarding the licensing and regulatory framework for landscape irrigators and installers. (Jack Kramer).

Authorize publication as recommended, BM/RM

Item 16. Docket No. 95- 1418- RUL. Consideration for adoption of amendments to 30 TAC Chapter 277, Sections 277.10, 277.12, and 277.20, concerning Use Determinations for Tax Exemptions for Pollution Control Equipment. If approved, the rules would streamline the application process for the determination of a property's qualification as tax exempt pollution control equipment and modify the application fee structure. The proposal was published in the October 6, 1995 issue of the Texas Register (20 TexReg 8181). (Sam Wells).

Continued to December 6, 1995

Item 17. Docket No. 95- 1411- RUL. Consideration for adoption of amendments to 30 TAC Chapter 317, Sections 317.1 and 317.4, concerning the general provisions of the design criteria for sewerage systems. If approved, the rules will clarify when plans and specifications for domestic wastewater collections, treatment, and disposal systems are required to be submitted to the TNRCC for approval. The proposal of these rules was published in the July 21, 1995 issue of the Texas Register (20 TexReg 5363). (Tom Weber).

Adopt Amendments as Recommended, RM/JB

Item 18. Docket No. 95- 1606- RUL. Consideration for adoption of amendments to 30 TAC Chapter 335, Subchapter Q, Sections 335.474 and 335.476, concerning Source Reduction and Waste Minimization Plans, and Reports and Recordkeeping, respectively. If approved, the amendments will define the certificate of completeness and executive summary requirements for Small Quantity Generators and allow them to meet the annual reporting requirements with their already required annual waste summary. The proposed rule amendments were published in the August 22, 1995 issue of the Texas Register (20 TexReg 6395). (Emily Coyner).

Adopt Amendement as Recommended, RM/JB

Item 19. Docket No. 95-1230-RUL. Consideration for adoption of an amendment to 30 TAC Chapter 305, Section 305-521, concerning the adoption by reference of a Memorandum of Understanding between the Texas General Land Office and the TNRCC for the joint administration and funding of the Galveston Bay Program. If adopted, the amendment would complete the requirements of Texas Water Code Section 5.104 which requires the TNRCC to adopt by rule any MOU that it enters into with any other state agency. The MOU was signed by TNRCC on August 15, 1995 and by GLO on August 16, 1995. The proposal for the rule adoption was published in the October 3, 1995 issue of the Texas Register (20 TexReg 8069). (Rick Ruddell)

Approve Adoption as Recommended, JB/RM

CONTESTED (Administrative Law Judge's Proposal for Decision and Order)

Item 20. Docket No. 94- 0674- AGR. Consideration of Administrative Law Judge's Proposal for Decision and Order concerning the application of Billy F. Syvester for Permit No. 03697 to authorize the disposal of waste and wastewater on agricultural land from a dairy operation with 1999 head in Hale County, Texas. Recommendation: Denial of permit

Adopt Administrative Law Judge's Proposal for Decision in Part and General Counsel is to do order reflecting recommendations as made by Chairman McBee, BM/RM. Commissioner Baker voted against.



EXECUTIVE SESSION

Item 21. Docket No. 95-1667-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 22. Docket No. 95-1668-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 29, 1995

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

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


Item 23. Docket No. 95-1575-UCR. Consideration of Executive Director's request for interim rates in M.D. Williamson dba Raintree Lakes Water Company in Upshur County, Texas; CCN No. 12418. (Angela Stepherson/Bret Fenner)

Approve Staff Recommendation, RM/JB


Item 24. Docket No. 95-1612-MSW. Consideration of a proposed local solid waste management plan submitted by the City of Gonzales on behalf of several Governmental entities in Gonzales, Lavaca, Dewitt, and Caldwell Counties. The plan was undertaken as a voluntary initiative, and the planning process was supported with a solid waste management grant from TNRCC, as enabled under the Texas Health and Safety Code, Chapter 363 (Comprehensive Municipal Solid Waste Management, Recovery, and Conservation Act, 1990.) (Joey Crumley)

Approve Solid Waste Management Plan, RM/JB

Item 25. Docket No. 95-1613-MSW. Consideration of a proposed local solid waste management plan submitted by the City of Fredericksburg on behalf of the governmental entities in Gillespie and Kerr Counties. The plan was undertaken as a voluntary initiative, and the planning process was supported with a solid waste management grant from TNRCC, as enabled under the Texas Health and Safety Code, Chapter 363 (Comprehensive Municipal Solid Waste Management, Recovery, and Conservation Act, 1990.) (Joey Crumley)

Approve Solid Waste Management Plan, RM/JB

Item 26. Docket No. 95-1614-MSW. Consideration of a proposed local solid waste management plan submitted by the Alamo Area Council of Governments on behalf of the Governmental entities in Bandera and Kendall Counties. The plan was undertaken as a voluntary initiative, and planning process was support with a solid waste management grant from TNRCC, as enabled under the Texas Health and Safety Code, Chapter 363 (Comprehensive Municipal Solid Waste Management, Recovery, and Conservation Act, 1990.) (Joey Crumley)

Approve Solid Waste Management Plan, RM/JB


OLD BUSINESS AGENDA

Wednesday, November 29, 1995

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

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



Item carried forward from Agenda of November 1, 1995.

Item 1. 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.

Withdraw application without prejudice, JB/RM