MCBEE - ABSENT for items OB1, OB2, OB4, OB5, Agenda Items #1, 2, 3, 4, 5, 6, 7, 14

MARQUEZ

BAKER

AGENDA

Wednesday, January 24, 1996

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.

Room 201S, Bldg E.

12118 N. Interstate 35

CONTESTED (Petroleum Storage Tank Enforcement)

Item 1. Docket No. 96- 0111- PST- E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Mr. Fred Palacios in Hidalgo County; Enforcement Identification No. E10879; for petroleum storage tank violations pursuant to Chapter 26 of the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Patricia Capps/Mick Wilson).

Issue Agreed Order, JB/RM

Item 2. Docket No. 96- 0169- PST- E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Thriftway Marketing Corporation; Wichita Falls, Whichita County; Enforcement ID No. E10876; 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, JB/RM

CONTESTED (Rule)

Item 3. Docket No. 96- 0110- RUL. Consideration for publication and hearing of proposed amendments of 30 TAC Chapters 295, 297 and 331, concerning Water Rights, Procedural; Water Rights, Substantive; and Underground Injection Control, respectively. The proposed rules reflect the implementation of new legislation (Senate Bill 651 and House Bills 451 and 1989) regarding the regulatory framework for surface water being stored in certain aquifers for subsequent retrieval and beneficial use and the establishment of exemptions from water rights permitting for certain historic cemeteries and surface coal mining sedimentation control structures. (James Kowis)

Continued to February 7, 1996

CONTESTED (CAFO Permit)

Item 4. Docket No. 96-0153-AGR. Consideration of the timely filed Requests for Commission Review concerning the Executive Director's determination that no comments submitted concerning the application by Dean Paul dba Paul Farms Site #1 for authorization No. 03875 demonstrated technical merit. The application by Dean Paul dba Paul Farms Site #1 seeks authorization, pursuant to Subchapter K of the Chapter 321 of TNRCC rules, to operate a new swine feeding facility confining a maximum of 7,680 head and generating, collecting, and treating animal wastewater on- site. Waste will be beneficially disposed of off- site and on- site. The proposed facility is located on an unpaved county road approximately one mile west from Farm to Market Road 1267, approximately 3.8 miles north from the intersection of State Highway 15 and Farm to Market Road 1267. The facility is in the drainage area of the Wolf Creek in Segment No. 0104 of the Canadian River Basin.

Affirm Executive Directors Determinations, Chairman McBee Voted Against, JB/RM

CONTESTED (Hearing Request)

Item 5. Docket No. 96-0138-MWD. APPLICATION BY CONROE I.S.D. for an amendment to Permit No. 12205-01 to authorize an increase in the discharge of treated domestic wastewater effluent from a volume not to exceed an average flow of 7,200 gallons per day to a volume not to exceed an average flow of 15,000 gallons per day from the San Jancinto Elementary School Wastewater Treatment Plant. The plant is approximately 2,000 feet northwest of the intersection of Farm-to-Market Road 1314 and Bennette Estates Road in Montgomery County, Texas. The effluent is discharged into Copeland Ditch; thence to White Oak Creek; thence to Caney Creek in Segment No. 1010 of the San Jacinto River Basin. The Commission will consider the application and a hearing request that has been filed on the application. (Bob Sweeney/Tom Weber)

Issue Amendment to Permit, JB/RM

Item 6. Docket No. 96-0137-MWD. APPLICATION BY TOM HOLMES dba Holmwood Subdivision for a permit (Proposed Permit No. 13801-01) to authorize a discharge of treated domestic wastewater effluent at a volume not to exceed an average flow of 48,000 gallons per day. The proposed wastewater treatment facilities will serve the Holmwood Subdivision. The facilities are to be 1.1 miles southwest from the intersection of State Highway 190 and State Highway 63 in Jasper County, Texas. The treated effluent is to be discharged via pipe under Farm-to-Market Road 777; thence to an unnamed tributary; thence to Mill Branch; thence to Big Walnut Run; thence to Walnut Run; thence to the Neches River Below B.A. Steinhagen Lake in Segment No. 0602 of the Neches 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 to determine validity of Hearing Request and if one is valid proceed with hearing on merits, JB/RM

Item 7. Docket No. 96-0136-MWD. APPLICATION BY CITY OF HOUSTON for an amendment to Permit No. 10495-16 to authorize an increase in the discharge of treated domestic wastewater effluent from the Fresh Water Supply District No. 23 Wastewater Treatment Plant (FWSD 23) from a volume not to exceed an average flow of 7,000,000 gallons per day to a volume not to exceed an average flow of 11,400,000 gallons per day via Outfall 001. The proposed amendment would also authorize an intermittent discharge of diluted wastewater from the Bretshire Wet Weather Facility, via Outfall 002. Outfall 003 has been added to report the combined flow and effluent characteristics of Outfall Nos. 001 and 002. The permittee is also requesting a variance to the buffer zone requirements in accordance with 30 TAC Chapter 309.13(e)(1)(A). The FWSD 23 is at 8219 Kellet Street in the City of Houston, Harris County, Texas. The Bretshire Wet Weather Facility is on the south bank of Halls Bayou, northwest of Forest Brook High School, approximately 1/3 mile northwest of the intersection of Tidwell Road and Homestead Road in the City of Houston, Harris County, Texas. The effluent via Outfalls 001 and 002 is discharged into Halls Bayou; thence to Greens Bayou Tidal; thence to the Houston Ship Channel Tidal in Segment No. 1006 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)

Issue Amendment, JB/RM

Item 8. Docket No. 96- 0088- WR. APPLICATION BY ANGELINA & NECHES RIVER AUTHORITY (ANRA) for a Texas Water Code Section 11.145 extension of time to commence and complete construction of Lake Eastex on Mud Creek, Neches River Basin in Cherokee County. Two previous extensions have been granted since the permit was issued June 1985. The Commission will consider the application and a hearing request that has been filed on the application. (R. Martinez\L. Bookout)

No Action Taken

Item 9. Docket No. 96- 0097- WR. APPLICATION BY CUERO HYDROELECTRIC, INC., for an amendment to Certificate of Adjudication No. 18- 3853 to increase the capacity of an authorized reservoir from 608 to 808 acre- feet by raising the dam (three feet) on the Guadalupe River in De Witt County, Texas. The Commission will consider the application and a hearing request that has been filed on the application. (J. Bateman/L. Bookout)

No Action Taken

CONTESTED (Motion for Reconsideration)

Item 10. Docket No. 96-0196-MWD. Reconsideration of the Executive Director's renewal on December 8, 1995 of Permit No. 13102-001 held by Great Commission Center for its wastewater treatment facilities located in Denton county. The Center's facilities are located approximately 3.2 miles north and o.5 miles west of the intersection of Farm-to-Market Road 407 and Chinns Chapel Road in Denton County. The Commission will also consider the hearing request filed by Louis Nunley on December 7, 1995; Docket No. 96-0196-MWD.

Deny Motion for Reconsideration and Affirm Executive Directors Decision, RM/BM

CONTESTED (Administrative Law Judge's Proposal for Decision)

Item 11. Docket No, 95- 0949- DIS; SOAH Docket No. 582- 95- 1037. Consideration of the Administrative Law Judge's Proposal for Decision concerning the application of Travis County WCID No. 17 for an amendment to impact fees in Travis County, Texas. Recommendation: Approval of Application: ALJ: ( Leslie Craven)

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

EXECUTIVE SESSION

Item 12. Docket No. 96-0193-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.

General Counsel will do certified agenda

Item 13. Docket No. 96-0194-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.

General Counsel will do certified agenda

(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, January 24, 1996

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.

Room 201S, Bldg E.

12118 N. Interstate 35

Item 14. Docket No. 96-0208-MWD. Consideration of a request by El Paso County Water Authority for an emergency order authorizing the use of an alternate irrigation site for the disposal of treated domestic wastewater from the wastewater treatment facilities permitted under Permit No. 10795-001. (Nina Fantl)

Issue Emergency Order with date of Feb 21, 1996 as date set aside to Affirm Order, JB/RM

OLD BUSINESS AGENDA

Wednesday, January 24, 1996

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.

Room 201S, Bldg E.

12118 N. Interstate 35

Item carried forward from Agenda of November 16, 1995 and December 6, 1995.

Item 1. 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.

Remand to Administrative Dispute Resolution, JB/RM

Item carried forward from Agenda of January 10, 1996.

Item 2. Docket No. 96-0090-MSW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Jim Hogg County, in Jim Hogg County; Municipal Solid Waste Site Permit No. 506; for violations pursuant to the Texas Solid Waste Disposal Act, TEXAS HEALTH AND SAFETY CODE ANN. Chapter 361, and the rules of the Texas Natural Resource Conservation Commission. (Carol Piza/Steve Shepherd)

Remand to Executive Director

Item carried forward from Agenda of January 10, 1996.

Item 3. Docket No. 96-0141-EXE. The Texas Natural Resource Conservation Commission will meet in closed session to discuss the following: (1) pending litigation; In Re Tejas Testing Technology One, L.C. and Tejas Testing Technology Two, L.C., Case Nos. 95-12265 and 95-12266, Jointly Administered under Case No. 95-12265-FM; and Tejas Testing Technology One, L.C. and Tejas Testing Technology Two, L.C. Snap-on Incorporated, Plaintiffs v. Texas Natural Resource Conservation Commission Barry McBee, Ralph Marquez, John Baker, Dan Pearson, Dan Morales, The Texas Department of Public Safety, James R. Wilson, The Texas Department of Transportation and William G. Burnett, Defendants, Adversary Proceeding No. 95-1207, both in the United States Bankruptcy Court for the Western District of Texas--Austin division; and (2) legal matters with respect to the contract between the TNRCC and MARTA Technologies, Inc. The authority for the closed session is Section 551.071 of the Open Meetings Act, Chapter 551 of the Government Code. The Act requires the Commission to reconvene in open session before taking any vote or making any decision. The Commission may meet in open session to take official action on legal matters with respect to the MARTA Technologies, Inc. contract.

Continued to January 30, 1996

Item carried forward from Agenda of January 17, 1996.

Item 4. Docket No. 96- 0115- IHW- E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Eldorado Chemical Company, Inc., Bexar County, S.W.R. No. 31164; for violations of the Texas Solid Waste Disposal Act and the rules of the Texas Natural Resource Conservation Commission. (Laura Ray).

Issue Agreed Order, JB/RM

Item carried forward from Agenda of January 17, 1996.

Item 5. Docket No. 96- 0015- AIR- E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Muenster Milling Company, Inc. in Cooke County; Account No. CV- 0021- H; for air quality violations pursuant to Chapter 382 of the Texas Health & Safety Code, and the rules of the Texas Natural Resource Conservation Commission. (Thomas Corwin).

Issue Agreed Order, JB/RM

Item carried forward from Agenda of January 17, 1996.

Item 6. Docket No. 95-1550-IWD. The Commission will evaluate the motion for rehearing filed concerning the application by Everest Exploration, Inc. for renewal of wastewater discharge permit no. 02945. The permit concerns the Mount Lucas Project, an in-situ uranium mining facility which is currently in the post mining period. The facility is in Live Oak County. On November 22, 1995, the Commission issued an order which denied a request for hearing concerning the application, and approved the draft permit prepared by the Executive Director.

Remand to Administrative Dispute Resolution, JB/RM

Item carried forward from Agenda of January 17, 1996.

Item 7. Docket No. 96-0188-EXE. The Commission will meet to consider issues with regard to establishing certain guiding principles for the conduct of Commission business.

Continued to January 30, 1996