MCBEE
MARQUEZ
BAKER

CONTESTED AGENDA

Wednesday, April 3, 1996

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

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

CONTESTED (District)

Item 1. Docket No. 96- 0430- DIS. CONSIDERATION OF A PROPOSED ORDER RELATING TO THE EXCLUSION OF LAND BY PETITIONERS IN HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 50. For Commission consideration. Petitioners request the Commission to order the District's board to exclude tracts of land from Harris County MUD No. 50. (TNRCC Internal Control No. 011996- D02, Randy M. Nelson)

Approve exclusion of Tracts of Land from Harris Co. 50, RM/JB

CONTESTED (Temporary Authorization)

Item 2. Docket No. 96- 0505- IHW. Consideration of a request by Disposal Systems, Inc. (DSI) for a temporary authorization pursuant to 30 TAC 305.69(f). This temporary authorization request would allow DSI to operate a Mobile Thermal Sludge Dryer in areas located in two permitted container storage areas at the DSI facility in Deer Park, Texas (PERMIT NO. HW- 50058- 001). (HOLDERREAD/SMITH)

Approve Temporary Authorization for Disposal Systems, Inc., RM/JB

CONTESTED (Contracts)

Item 3. Docket No. 96- 0471- CON. Consideration of authorizing the Executive Director to amend a contract with Radian Corporation for professional engineering services for oversight of the Industrial Transformer Federal Superfund Site - Groundwater Remediation Project.

Executive Director authorized to amend contract with Radian Corporation, JB/BM

Item 4. Docket No. 96- 0486- CON. Consideration of authorizing the Executive Director to amend Contract No. 550020000 with Terranext for emergency response and supplemental site activities at leaking petroleum storage tank (LPST) sites. (Katharine Marvin)

Executive Director authorized to amend contract with Terranext, RM/BM

CONTESTED (Public Water Supply Enforcement)

Item 5. Docket No. 96- 0081- PWS- E. Consideration of an agreed order assessing administrative penalties and requiring certain actions of Debbie Okun Block and Melvin Block dba Community Water Systems in Orange County PWS NOS. 1810018, 1810021, 1810023, 1810024, 1810025, 1810034, 1810062, 1810069, 1810070, 1810071 AND 1810083; for public water system violations pursuant to the Texas Health and Safety Code, Chapter 341, Subchapter C, Chapter 13 of the Texas Water Code, and the rules of the Texas Natural Resource Conservation Commission. (SABELYN PUSSMAN)

Issue Agreed Order, RM/BM

Item 6. Docket No. 95- 1166- PWS- E. Consideration of an agreed order assessing administrative penalties and requiring certain actions of the City of San Saba in San Saba County; PWS NO. 2060001; for public water system violations pursuant to the Texas Health and Safety Code, Chapter 241, Subchapter C and the Rules of the Texas Natural Resource Conservation Commission. (GUY HENRY)

Issue Agreed Order, BM/JB

CONTESTED (Petroleum Storage Tank Enforcement)

Item 7. Docket No. 96- 0441- PST- E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Vernon Edward Hancock in Robertson County; Enforcement ID No. E11007; for petroleum storage tank violations pursuant to Chapter 26 of the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Linda G. Sorrells).

Issue Agreed Order, RM/JB

CONTESTED (Industrial Hazardous Waste Enforcement)

Item 8. Docket No. 96- 0399- IHW- E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of General Magnetic Company in Dallas County; SWR No. 52200; 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. (Peter Gregg).

Issue Agreed Order, RM/JB

CONTESTED (Municipal Solid Waste Enforcement)

Item 9. Docket No. 96- 0427- MSW- E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Bell Processing, Inc. in Wichita County; Municipal Solid Waste Permit No. 1827; 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)

Issue Agreed Order, BM/JB

CONTESTED (Motion for Rehearing)

Item 10. Docket No. 95- 1193- UIC. Consideration of the Motion for Rehearing filed by Intercontinental Energy Corporation d/b/a IEC requesting reconsideration of the Commission s order issued February 21, 1996 with regard to IEC s application for amended Production Area Authorization (PAA) No. 1 under permit No. URO 2108- 011. IEC s application requests amendment of certain groundwater restoration table values included in the PAA for the company s Zamzow Mine in Live Oak County, Texas.

Grant Motion for Rehearing by IEC, BM/JB

CONTESTED (Rule)

Item 11. Docket No. 96- 0257- RUL. Consideration for publication and hearing on proposed new 30 TAC Chapter 321, Subchapter O, concerning Discharges from Aquaculture Production Facilities. The new subchapter 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) (Rule Log No. 5207- 321- WT).

Approve publication and hearing on proposed new 30 TAC Chapter 321, Subchpater 0, JB/RM

CONTESTED (Report)

Item 12. Docket No. 96- 0539- RPT. Discussion of Texas Mesonet, a proposed mesoscale monitoring network for meteorological and air quality observations and forecasts. (Doyle Pendleton)

Staff is to continue working with A & M university, BM/JB

CONTESTED (Administrative Law Judge's Proposal for

Decision)

Item 13. TNRCC Docket No. 95- 0903- PST- E; SOAH Docket No. 582- 95- 1080. Consideration of Administrative Law Judge's Proposal for Decision & Order concerning the Petition of Executive Director of TNRCC for an order assessing delinquent fees and penalties against Magnum Corporation, and requiring certain actions in Marion, Gregg, Harrison and Morris Counties, Texas. Penalty requested: $14,400 plus $17,316 in delinquent facility fees and interest. Recommendation: Issuance of Order assessing penalty of $14,400, delinquent facility fees and interest of $17,171 and requiring corrective action. (ALJ) Kerry D. Sullivan

Adopt Proposal for Decision and Issue Order, RM/BM

EXECUTIVE SESSION

Item 14. Docket No. 96- 0506- EXE. THE COMMISSION WILL CONDUCT A CLOSED MEETING TO RECEIVE LEGAL ADVICE AND WILL 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 Sections 551.071 and 551.074, the Open Meetings Act, codified as Chapter 551 of the Government code. No final action, decision or vote with regard to any legal or personnel matter considered in the closed meeting shall be made in the absence of further notice issued in accordance with Chapter 551 of the Government Code.

No Action Taken

Item 15. Docket No. 96- 0507- EXE. THE COMMISSION WILL CONDUCT A CLOSED SESSION TO DISCUSS THEIR DUTIES, ROLES, AND RESPONSIBILITIES AS COMMISSIONERS OF THE TNRCC PURSUANT TO SECTION 551.074 OF THE OPEN MEETINGS ACT, CODIFIED AS CHAPTER 551 OF THE GOVERNMENT CODE. 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

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ADDENDUM TO AGENDA

Wednesday,April 3, 1996

TEXAS NATURAL RESOURCE CONSERVATIONCOMMISSION

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

Item 16. Docket No. 96- 0481- EXE. The Commission will meet in closed session to receive legal advice on agency operations relating to delegation of the National Pollutant Discharge Elimination System (NPDES) program, pursuant to Section 551.071 of the Texas Open Meetings Act, Chapter 551 of the Texas Government Code. The Commission may also meet in open session to take action on this matter, as required by Section 551.102 of the Texas Open Meetings Act, Chapter 551 of the Texas Government Code.

Continued to April 19, 1996 to work session.

(This item is a work session for discussion between Commissioners and staff. No public testimony or comment will be accepted except by invitation of the Commission.)

OLD BUSINESS AGENDA

Wednesday, April 3, 1996

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

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

Item carried forward from Agenda of March 20, 1996.

Item 1. Docket No. 96- 0436- 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 #2 for authorization No. 03878 demonstrated technical merit. The application by Dean Paul dba Paul Farms Site #2 seeks authorization, pursuant to Subchapter K of Chapter 321 of TNRCC rules, to operate a new swine facility confining a maximum of 7,680 head and generating, collecting, and treating animal waste and wastewater on- site. The proposed facility is located on the east side of an unnamed county road approximately four (4) miles south of the intersection of State Highway 15 and the unnamed county road in Waka, Ochiltree County, Texas. The facility is in the drainage area of the Wolf Creek in Segment #0104 of the Canadian River Basin.

Deny Technical Questions as raised by protestants, JB/RM. McBee voted against.

Item carried forward from Agenda of March 20 and March 27, 1996 agenda.

Item 2. Docket No. 96- 0422- RPT. Consideration of issues related to National Pollutant Discharge Elimination System (NPDES) delegation, including issues regarding public participation in the administrative process, the Texas Private Real Property Rights Preservation Act, and the Texas Environmental, Health, and Safety Audit Privilege Act.

Continued to April 19, 1996 to work session

(This item is a work session for discussion between Commissioners and staff. No public testimony or comment will be accepted except by invitation of the Commission.)

Item carried forward from Agenda of March 6 and March 20, 1996 and March 27, 1996.

Item 3. Docket No. 96- 0422- RPT. Consideration of issues related to National Pollutant Discharge Elimination system (NPDES) delegation, including issues regarding public participation in the administrative process, the Texas Private Real Property Rights Preservation Act, and the Texas Environmental, Health, and Safety Audit Privilege Act.

Continued to April 19, 1996 to work session

Item carried forward from Agenda of March 20, 1996 and March 27, 1996.

Item 4. Docket No. 96- 0451- EXE. The Commission will meet in closed session to discuss and evaluate the duties, roles, and responsibilities of the Deputy Director of the Commission's Office of Policy and Regulatory Development pursuant to the Texas Open Meeting Act, Section 551.074, Chapter 551 of the Government Code. The Commission may also meet in Open Session to take action on this matter as required by the Open Meetings Act, Chapter 551 of the Government Code.

No Action

Item carried forward from Agenda of March 20 and March 27, 1996.

Item 5. Docket No. 96- 0484- MIS. Consideration of the structure and organization of the agency's citizen assistance related functions, including Alternative Dispute Resolution, Border Affairs and Environmental Equity, Local Government Assistance, Ombudsman, Pollution Prevention and Recycling, Public Interest Counsel, Small Business Assistance Program, Superfund Community Relations/Public Meetings Unit.

Continued to April 17, 1996

Item carried forward from Agenda of March 20 and March 27, 1996.

Item 6. Docket No. 96- 0483- EXE. The Commission will meet in closed session to deliberate the appointment, employment, reassignment, and duties of the Director of the Alternative Dispute Resolution Office, the Director of the Border Affairs and Environmental Equity Office, the Manager for the Border Affairs, the Managers for Environmental Equity, the Director of the Local Pollution Prevention & Recycling Office, the Public Interest Counsel, the Small Business Advocate, and the Manager of the Superfund Community Relations/Public Meetings Unit. The authority for the closed session is Section 551.074 of the Texas Open Meetings Act, Chapter 551 of the Texas Government Code. The Commission may also meet in open session to take action on these matters, as required by Section 551.102 of the Texas Open Meetings Act, Chapter 551 of the Texas Government Code.

Continued to April 17, 1996

Item carried forward from Agenda of March 27, 1996.

Item 7. Docket No. 96- 0489- CON. Consideration of authorizing the Executive Director to spend up to $1.5 million to enter into a contract and exercise contract options. Contract is for regulatory oversight of leaking petroleum storage tank sites for the Responsible Party Remediation Section of the Petroleum Storage Tank Division. (Greg Pfeifer & Anne Miller)

Approve Staff Recommendation and allow Executive Director to spend up to 1.5 million to enter into a contract and exercise contract opetions, RM/JB. McBee offered amendment to motion regarding any exercise to contract options lst one year extension must come before the commission for review, BM/RM

Item carried forward from Agenda of March 27, 1996.

Item 8. Docket No. 96- 0490- RUL. Consideration for publication of and a hearing on proposed amendments to Chapter 291, concerning water rates. If approved, these proposed amendments would allow the implementation of a previously approved temporary water rate during times of mandatory water use reductions and would update references, conform the rules to a recent statutory change and correct typographical errors. (Steve Blackhurst)

Publish rules deleting any reference to Edwards Aquifer and proceed to hearing, BM/JB