UNCONTESTED (Municipal Solid Waste Advisory Council)
Item 3. Docket No. 95-1639-MIS. Consideration to appoint nine individuals to the Municipal Solid Waste Management and Resource Recovery Advisory Council. (Gary W. Trim)

Continued to December 20, 1995

CONTESTED (Hearing Request)

Item 4. Docket No. 95-1622-AIR. APPLICATION BY ODEECO INC for a registration under Standard Exemption No. 71 (Standard Exemption Registration No. 29534). If granted the registration will allow ODEECO to construct and operate a concrete batch plant to be located at 5206 Kiam, Houston, Harris County, Texas. The Commission will consider the application and hearing requests that have been filed on the application. (Ronnie Jones/Helga Chatelle)

No Action Required

Item 5. Docket No. 95-1619-AIR. APPLICATION BY SPENCE CONCRETE CO for renewal and amendment of Air Quality Permit No. 5990. If approved the permit would allow Spence Concrete to continue operation of a portable concrete batch plant at 3420 West Ash in McAllen, Hidalgo County, Texas. The Commission will consider the application and hearing requests that have been filed on the application. (Margaret Hoffman/Chuck Lowary)

Deny Request for Hearing and Issue Permit, JB/BM

Item 6. Docket No. 95-1625-WR. APPLICATION BY MARGOT O. BURRELL for a permit to divert and use 20 acre-feet of water per annum from the Guadalupe River, Guadalupe River Basin (Permit No. 5534). The diverted water will be used to irrigate 50 acres of land located approximately 12 miles northwest of Boerne in Kendall County, Texas. The Commission will consider the application and hearing requests that have been filed on the application. (Irene Montelongo/Allison Woodall)

Deny Hearing Request and Issue Permit, JB/BM

Item 7. Docket No. 95-1635-MWD. APPLICATION BY SAN JACINTO RIVER AUTHORITY for an amendment to Permit No. 11401-01 to authorize an increase in the discharge of treated domestic wastewater effluent from a volume not to exceed an average flow of 6,000,000 gallons per day to a volume not to exceed an average flow of 7,800,000 gallons per day. The wastewater treatment facilities are north of Sawdust Road, approximately two miles west of IH 45 and 12 miles south of the City of Conroe in Montgomery County, Texas. The effluent is discharged into Panther Branch or alternatively into Lake “B” on Panther Branch; thence to Spring Creek in Segment No. 1008 of the San Jacinto River Basin. 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 Office, JB/RM

Item 8. Docket No. 95-1636-MWD. APPLICATION BY CITY OF KERRVILLE for an amendment to Permit No. 10576-01 to authorize an increase in the discharge of treated domestic wastewater effluent from a volume not to exceed an average flow of 3,520,000 gallons per day to a volume not to exceed an average flow of 4,500,000 gallons per day. The wastewater treatment facilities are at 3650 Loop 534, at the end of Beach Street on the City Farm in the southeast section of the City of Kerrville in Kerry County, Texas. The effluent is discharged into Third Creek; thence to the Guadalupe River Above Canyon Lake in Segment No. 1806 of the Guadalupe River Basin. The Commission will consider the application and hearing requests that have been filed on the application. (Bob Sweeney/Tom Weber)

Approve Permit Amendment, Hearing Request Withdrawn, BM/RM

CONTESTED (Public Water Supply Enforcement)

Item 9. Docket No. 95- 1355- PWS- E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Bill Ivey dba Terlingua Ghost Town in Brewster County; PWS No. 0220031; 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.

Issue Agreed Order, RM/BM

Item 10. Docket No. 95- 0190- PWS- E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Louis Bergman dba Pine Meadows Subdivision in Liberty County; PWS No. 1460138; 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/BM

Item 11. Docket No. 95- 1010- PWS- E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Shelbyville Waste Supply Corporation; PWS NO. 2100014; for public water system violations pursuant to the Texas Health and Safety Code, Chapter 341, Subchpater C and the Rules of the Texas Natural Resource Conservation Commission. (GUY HENRY)

Issue Agreed Order, RM/BM

Item 12. Docket No. 95- 1449- PWS- E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Darrell Hall dba River Oaks/Sunshine Acres in Leon County; PWS NO.1450017; 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/BM

Item 13. Docket No. 95- 1511- PWS- E. Consideration of an agreed order assessing administrative penalties and requiring certain actions of Gulf Coast Kenworth Truck & Trailer L.C. in Harris County; PWS No. 1010824; 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/BM

Item 14. Docket No. 95- 1531- PWS- E. Consideration of an agreed order assessing administrative penalties and requiring certain actions of Karnes City in Karnes County; PWS NO. 1280001; 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/BM

CONTESTED (Municipal Waste Discharge Enforcement)

Item 15. Docket No. 95- 1634- MWD- E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Hutto in Williamson County: Permit No. 11324- 001; for monthly effluent report form violations pursuant to the Texas Administrative Code § 305.121(11) and the rules of the Texas Natural Resource Conservation Commission. (Bill Main/Guy Henry)

Issue Agreed Order, JB/RM

CONTESTED (Industrial Waste Discharge Enforcement)

Item 16. Docket No. 95- 1661- IWD- E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of American Chrome & Chemicals, Inc., Corpus Christi, Nueces County; Permit No. 00349; for wastewater treatment plant; violations pursuant to Chapter 26 of the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Raymond C. Winter).

Issue Agreed Order, JB/BM

CONTESTED (Industrial Hazardous Waste Enforcement)

Item 17. Docket No. 95- 1673- IHW- E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of ISP Technologies Inc. in Galveston County; SWR No. 30037; for industrial and hazardous waste violations pursuant to the Texas Solid Waste Disposal Act, the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Ann Foster/Anne Nyffenegger)

Issue Agreed Order, RM/JB

CONTESTED (Petroleum Storage Tank Enforcement)

Item 18. Docket No. 95- 1666- PST- E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Angel Brothers Enterprises, Inc. in Galveston County; Enforcement ID. No. E10789; for petroleum storage tank violations pursuant to Chapter 26 of the Texas Water Code, and the rules of the Texas Natural Resource Conservation Commission. (Lisa Newcombe).

Issue Agreed Order, RM/JB

Item 19. Docket No. 94- 0912- PST- E. Consideration of an Agreed Order requiring certain actions of Smyrna Consolidated LPST Site, Smyrna, Cass County; for underground storage tanks violations pursuant to Chapter 26 of the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Raymond C. Winter)

Issue Agreed Order, RM/JB

CONTESTED (Rules)

Item 20. Docket No. 95- 0987- RUL. Consideration for adoption of an amendment to 30 TAC Chapter 115, Subchapter G, Section 115.612, regarding Control Requirements of Consumer Products; and a revision to the State Implementation Plan. Adoption of the amendment would delete the volatile organic compound emission limit for aerosol insect repellents. The proposal was published in the Texas Register on September 8, 1995 (20 TexReg 7020). (Randy Hamilton)

Adopt Amendments as Recommended by Staff, JB/RM

Item 21. Docket No. 95- 1541- RUL. Consideration for adoption of a new 30 TAC Chapter 336, § 336.7, relating to Radiation Rules. If adopted, the Memorandum of Understanding between the Texas Department of Health and the Texas Natural Resource Conservation Commission would clarify jurisdiction over radiation control functions. The Memorandum of Understanding was proposed by the Texas Natural Resource Conservation Commission in the July 21, 1995 issue of the Texas Register (20 TexReg 5368). (Hygie Reynolds).

Approve Staff Recommendations, RM/BM

Item 22. Docket No. 95- 1420- RUL. Consideration for publication and hearing of proposed new 30 TAC Chapter 321, Subchapter J, concerning Discharges to Surface Water From Ready- Mixed Concrete Plants and/or Concrete Products Plants or Associated Facilities, Subchapter L, concerning Discharges to Surface Waters from Motor Vehicles Cleaning Facilities, Subchapter M, concerning discharges to Surface Waters from Petroleum Bulk Stations and Terminals, and Subchapter N, concerning Handling of Wastes from Commercial Facilities engaged in Livestock Trailer Cleaning. The new sections will streamline the current permitting process by controlling certain activities by rule, thereby eliminating the need for a commission permit for specific wastewater discharge and waste handling activities. (Tom Weber).

Continued to December 13, 1995

CONTESTED (Administrative Law Judge's Proposal for Decisions)

Item 23. Docket No. 95- 0197- MWD. SOAH Docket No. 582- 95- 1134. Consideration of Administrative Law Judge's Proposal for Decision & Order concerning the application of Daytop Village Foundation, Inc. for Permit No. 13744- 001 to authorize discharge of 12,000 gpd of treated domestic wastewater effluent in Anderson County, Texas, and Segment No. 0804 of the Trinity River Basin. Recommendation: Issuance of permit. ALJ: Kerry Sullivan

Adopt Proposal for Decision and Issue Order, JB/RM

Item 24. Docket No. 95- 0324- MWD. Consideration of Administrative Law Judge's Proposal for Decision and Order concerning the application of City of Jacksboro for an amendment to Permit No. 10994- 01 to authorize the discharge of 700,000 gpd of treated domestic wastewater effluent in Jack County, Texas, and Segment No. 0812 of the Trinity River Basin. Applicant also seeks a variance to the buffer zone requirements. Recommendation: Issuance of permit. ALJ: Carol Wood

Adopt Executive Directors Recommendation without the special conditions, with encouragement to the city to expedite this project, because 3 years is more that needed to design and build this facility, RM/BM


EXECUTIVE SESSION

Item 25. Docket No. 95-1681-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, § § 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 26. Docket No. 95-1682-EXE. COMMISSIONERS WILL MEET IN EXECUTIVE SESSION TO DISCUSS THEIR DUTIES, ROLES, AND RESPONSIBILITIES AS COMMISSIONERS OF THE TNRCC UNDER GOV'T CODE, § 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, December 6, 1995

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

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


Item 27. Docket No. 95- 1466- RUL. Consideration for adoption of amendment of 30 TAC Chapter 305, Subchapter D, § 305.70, concerning Amendments, Renewals, Transfers, Corrections, Revocation, and Suspension of Permits. If adopted, the rules would consider changes to permits for municipal solid waste landfill facilities (MSWLF) authorized to construct below the seasonal highwater table pursuant to 30 TAC § 330.203 to be permit modifications. Under § 330.203, MSWLF owners/operators shall demonstrate that the linear system will not undergo uplift from hydrostatic forces during construction. The proposed rule was published in the October 20, 1995, issue of the Texas Register, (20 TexReg 8582) (Clark Talkington).

Adopt Amendments as recommended, RM/BM

Item 28. Docket No. 95-1685-AGR. Consideration of the Requests for Commission Review filed by ACCORD Agriculture, Inc., Jeanne B.Gramstorff, Mary Lou Batlan, Mary Frances Elizey, Kathy Edwards, Garland K. Edwards, Maxine Edwards, and Donna K. Edwards concerning the Executive Director's determination that no comments submitted concerning the application by Texas Farms, Inc. for authorization No. 03860 demonstrated technical merit. The application by Texas Farms, Inc. seeks authorization, pursuant to Subchapter K of Chapter 321 of TNRCC rules, to operate a new swine feeding facility confining a maximum of 11,381 head and generating, collecting, and treating animal waste and wastewater on-site. The proposed facility is located on the north side of State Highway 281 approximately eight (8) miles west of the intersection of State Highway 281 and U.S. Highway 83 in Ochiltree County in the drainage areas of the Canadian River Below Lake Meredith in Segment No. 0101 of the Canadian River Basin and Wolf Creek in Segment No. 0104 of the Canadian River Basin.

No Comments submitted demonstrated technical merit, Executive Director Proceed under rules, BM/RM
OLD BUSINESS AGENDA

Wednesday, December 6, 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 25, 1995 and November 16, 1995.

Item 1. 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)

Revoke as Recommended by Staff, RM/JB

Item carried forward from Agenda of November 1, 1995.

Item 2. 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.

Continued to December 13, 1995

Item carried forward from Agenda of November 1, 1995.

Item 3. 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 SOAH and hearing to commence on standing of Texas Shrimp Association, RM/BM

Item carried forward from Agenda of November 16, 1995.

Item 4. Docket No. 95-1555-MWD. APPLICATION BY GUADALUPE BLANCO RIVER AUTHORITY OF TEXAS for a permit (Proposed Permit No. 10210-002) 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 from the Lockhart Wastewater Treatment Plant No. 2. The plant site is on the south side of Farm-to-Market Road 20, approximately 2.5 miles east of the intersection of Farm-to-Market Road 20 and U.S. Highway 183 in Caldwell County, Texas. The effluent is discharged via pipeline to Plum Creek in Segment No. 1810 of the Guadalupe River Basin. The Commission will consider the application and hearing requests which have been filed on the application.

Continued to January 24, 1996

Item carried forward from Agenda of November 16, 1995.

Item 5. Docket No. 95-1479-MWD. APPLICATION BY CITY OF MIDLAND for an amendment to Permit No. 10223-01 to authorize an increase in the disposal volume of treated domestic wastewater effluent from 15,000,000 gallons per day average to 21,000,000 gallons per day average. The applicant disposes of treated effluent by irrigation on 5,039 acres of land. The proposed amendment would also authorize a variance to the buffer zone requirements in accordance with 30 TAC Chapter 309.13(e)(1)(B). Application rates for the irrigated land are not to exceed 4.0 acre-feet/acre/year for Site #1 and 5.2 acre-feet/acre/year for Site #2. No discharge of pollutants into the waters of the State is authorized by this permit. The wastewater treatment site and irrigation site are immediately southeast of the intersection of Interstate Highway 20 and State Highway 307 in Midland County, Texas. Irrigation site #1 consists of 2,950 acres of farm land located approximately 7,000 feet southeast of the intersection of Interstate Highway 20 and State Highway 307 in Midland County, Texas. Irrigation site #2 consists of approximately 3,100 acres of land located approximately 16 miles east of the City of Midland in Sections 2, 3, 10, 11, 12, 13, 14, and 15, Block 37, TWP 3-S of the T & P Railroad Company Survey. The public access irrigation lands are located at the Hogan Municipal Golf Course and the Midland Country Club Golf Course. This location is in the drainage area of the Colorado River Below Lake J. B. Thomas in Segment No. 1412 of the Colorado River Basin. The Commission will consider the application and hearing requests which have been filed on the application.

Approve Amendment to Permit, RM/JB

Item carried forward from Agenda of November 16, 1995.

Item 6. Docket No. 95- 1599- RUL. Consideration for adoption of amendments to 30 TAC Chapter 291, Subchapter A, concerning General Provisions, Subchapter B, concerning Rates, Rate Making, and Rate/Tariff Changes, Subchapter C, concerning Rate Making Appeals, Subchapter D, concerning Records and Reports, Subchapter E, concerning Customer Service and Protection, Subchapter F, concerning Quality of Service, Subchapter G, concerning Certificates of Convenience and Necessity, Subchapter H, concerning Utility Submetering, and Subchapter J, concerning Enforcement, Supervision, and Receivership. If approved, the new sections and amendments would establish the substantive regulations regarding the assurance of just and reasonable water and sewer rates, fees and operations and the presentation of these matters to the commission for consideration. These amendments would also incorporate recent legislative changes. The proposal of these sections was published in the August 11, 1995 and August 15, 1995 issue of the Texas Register. (Steve Blackhurst).

Adopt rules, except part concerning compulsary conservation rates 291.21 which will be republished for addition comments, BM/JH

Item carried forward from Agenda of November 16, 1995.

Item 7. Docket No. 95-1193-UIC. The Commission will consider motions for rehearing filed on International Energy Corporation, Incorporated. The commission issued amendment to the production area authorization for Production Area No. 1 under existing Permit No. URO2108-01 at its Zamzow insitu uranium mine site on the agenda of September 27, 1995.

Grant Motion for Rehearing and remand to SOAH but on a narrow and limited basis as recommended by Chairman and that comments on taking is not to be considered during hearing, BM/JB