MCBEE
MARQUEZ
BAKER

AGENDA

Wednesday, October 9, 1996

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.

Room 201S, Bldg E.

12118 N. Interstate 35

UNCONTESTED (Class 3 Modification Hazardous Waste Permit)
Item 1. Docket No. 96-1464-IHW. Consideration of an application by CITGO REFINING AND CHEMICALS COMPANY, L.P. for a Class 3 modification to Permit No. HW-50160 in accordance with 30 TAC Section 305.69 The permit authorizes the operation a non-commercial industrial solid waste management facility for the management of hazardous wastes. The permit modification will authorize post-closure care for a surface impoundment closed as a landfill. The facility is located at 1801 Nueces Bay Blvd., Corpus Christi, Nueces County, Texas. (John Clegg)
Remand to Executive Director, All Commissioners in Agreement
Item 2. Docket No. 96-1537-IHW. Consideration of an application by Chaparral Steel Midlothian, LP for a Class 3 modification to the Permit No. HW-50162 in accordance with 30 TAC Section 305.69. The permit authorizes the applicant to maintain post-closure care of two closed landfills. The permit modification will authorize the continued operation of one existing container storage area, one existing pelletizer silo, and one existing tank for the storage of industrial hazardous waste. These units have been operating under interim status. The facility is located at 300 Ward Road, Midlothian, Texas, approximately two miles south of U.S. Highway 287, one-fourth mile south of U.S. Highway 67 and 1000 feet west of Ward Road, approximately two and one-half miles southwest of Midlothian, Texas, on approximately 298 acres near Midlothian, Ellis County, Texas. (John Clegg)
No Action Required
UNCONTESTED (Class 2 Modification Compliance Plan)
Item 3. Docket No. 96-1536-IHW. Consideration of an application by Chemical Waste Management, Inc. for a Class 2 modification to Compliance Plan No. CP-50365 in accordance with 30 TAC Section 305.69. The permit authorizes the applicant to maintain post-closure care of four capped and closed landfills. The permit modification will authorize an additional recovery trench, including recovery wells, supplemental monitoring wells, point of compliance wells, associated piping, and appurtenances. The facility is located on a 23-acre tract of land at 6901 Greenwood Drive (County Road 33) approximately one-half mile south of State Highway 357 in the Corpus Christi, Nueces County, Texas. (John Clegg)
Issue Class 2 Modification, JB/BM. All Commissioners in Agreement
UNCONTESTED (Utility Matter)
Item 4. Docket No. 96-1480-UCR. Consideration of the application of Travis County Municipal Utility District No. 4 to Operate and Maintain Facilities and Transfer Sewer CCN No. 20654 from Estates of Barton Creek Utilities, Inc. in Travis County, Texas. (Application # 31160-S, Guillermo Zevallos)
Remand to Staff, All Commissioners Agree.
CONTESTED (Hearing Request)
Item 5. Docket No. 96-1440-AIR. O'HAIR SHUTTERS, INC. for Permit No. 32202 to construct and operate a trench burner. The proposed facility is located at 1401 North Loop 289 in Lubbock, Lubbock County, Texas. The Commission will consider the application and the hearing requests that have been filed on the application. (Scott Humphrey/ Edward Rapier)
Remand to State Office Administrative Hearing, BM/RM. All Commissioners Agree.
Item 6. Docket No. 96-1437-AIR. SHELL CHEMICAL COMPANY for a renewal of Permit No. 6949 for continued operation of a Epochlorohyrin Finishing Unit. The Company has requested that related standard exemptions and Permit No. S-18255 be incorporated within the permit with this renewal. Standard Exemption Registration No. 32590 will be voided with this renewal. The facility is located in Deer Park, Harris County, Texas. The Commission will consider the application and the hearing requests filed on the application. (Rachael Rawlins/ Harry Pruett)
Deny Request, Issue Renewal of Permit, BM/RM. All Commissioners Agree.
Item 7. Docket NO. 96-1457-MWD. CITY OF LAMPASAS for an amendment to Permit No. 10205-02 to authorize combining the wastestreams from the City of Lampasas Henderson Wastewater Treatment Plant (WWTP) and Sulphur Creek WWTP into a new facility. The proposed amendment would not increase the discharge flow volume. The proposed amendment would authorize a discharge of treated domestic wastewater effluent at an interim volume not to exceed an average flow of 500,000 gallons per day and a final volume not to exceed an average flow of 1,500,000 gallons per day. The proposed amendment would also adjust the compliance schedule for the Henderson WWTP in accordance with 30 TAC Section 307.2(f) which allows an interim permit limit term equal to three years from the existing permit issuance date. The wastewater treatment facilities are on the south side of Sulphur Creek near the east of Creek Street approximately 6,000 feet northeast of the intersection of U.S. Highway 183 and U.S. Highway 190 in the City of Lampasas in Lampasas County, Texas. The Commission will consider the application and the hearing requests that have been filed on the application. (Tom Weber/Robert Martinez)
Remand to State Office Administrative Hearings, but defer to Alternative Dispute Resolution Office for 4 to 6 weeks to try and Mediate, BM/JB. All Commissioners Agree.
CONTESTED (Public Comments)
Item 8. Docket No. 96-1456-MSW. CITY OF EDINBURG for a municipal solid waste permit amendment (Proposed Permit No. MSW956-A) to authorize a vertical expansion of their Type I (Landfill) municipal solid waste management facility. The existing site covers approximately 100 acres of land, and is to receive about 1300 tons of solid waste per day for disposal or other processing. The facility is located on Encinito Road, 2000 feet east of Highway 281 and 400 feet southeast of Faysville, in Hidalgo County, Texas. The Commission will consider the application and the comments that have been filed on the application. (Sharon Smith/Susan Janek)
Deny Hearing Request and Issue Permit Amendment, JB/BM. All Commissioners Agree.
CONTESTED (Petroluem Storage Tank Enforcement Agreed Orders)
Item 9. Docket No. 96-0943-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Mr. Fidel C. Perez, Jr. in Hidalgo County; PST Enforcement Identification No. E11561; for petroleum storage tank violations pursuant to the Texas Water Code, Section 26.136, and the rules of the Texas Natural Resource Conservation Commission. (Connie Wong)
Issue Agreed Order, RM/JB. All Commissioners Agree.
Item 10. Docket No. 96-0899-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the Iron Skillet, Inc. in Bexar County; PST Enforcement Identification No. E11542; for petroleum storage tank violations pursuant to the Texas Water Code, Section 26.136, and the rules of the Texas Natural Resource Conservation Commission. (Srini R. Kusumanchi)
Issue Agreed Order, RM/JB. All Commissioners Agree.
Item 11. Docket No. 96-0939-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of MG Building Materials Wholesale Yard in Bexar County; PST Enforcement Identification No. E11562; for petroleum storage tank violations pursuant to the Texas Water Code, Section 26.136, and the rules of the Texas Natural Resource Conservation Commission. (Mick Wilson)
Issue Agreed Order, RM/JB. All Commissioners Agree.
Item 12. Docket No. 96-1289-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Mr. Ray Dayani in Harris County; PST Enforcement Identification No. E11014; for petroleum storage tank violations pursuant to the Texas Water Code, Section 26.136, and the rules of the Texas Natural Resource Conservation Commission. (Srini R. Kusumanchi)
Issue Agreed Order, RM/JB. All Commissioners Agree.
Item 13. Docket No. 96-0404-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Southwest Grain Company, in Hidalgo County, Enforcement ID No. E10903; 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 C. Sarahan).
Issue Agreed Order, RM/JB. All Commissioners Agree.
Item 14. Docket No. 96-0634-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Mr. A.R. Perez in Bexar County; PST Enforcement Identification No. E11201; for petroleum storage tank violations pursuant to the Texas Water Code, Section 26.136, and the rules of the Texas Natural Resource Conservation Commission. (Jaime Lopez)
Issue Agreed Order, RM/JB. All Commissioners Agree.
CONTESTED (Public Water Supply Enforcement Agreed Orders)
Item 15. Docket No. 96-1103-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of May Water Supply Corporation in Brown County; PWS No. 0250017, for Public Drinking Water violations pursuant to the Texas Health and Safety Code and the rules of the Texas Natural Resource Conservation Commission. (K. Wheatley/G. Henry)
Issue Agreed Order, BM/RM. All Commissioners Agree.
Item 16. Docket No. 96-0171-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Charles M. Watts dba Island View Landing, in Marion County; No. 1580010; for public water system violations pursuant to the Texas Health and Safety Code and the rules of the Texas Natural Resource Conservation Commission. (Tom Napier)
Issue Agreed Order, BM/RM. All Commissioners Agree.
Item 17. Docket No. 95-1140-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Mr. Elias Martinez dba M&M Mobile Home Park in Hale County; PWS No. 0950068; for public water system violations pursuant to the Texas 30 TAC Chapter 70 and the rules of the Texas Natural Resource Conservation Commission. (Tom Napier)
Issue Agreed Order, BM/RM. All Commissioners Agree.
CONTESTED (Air Quality Enforcement Agreed Orders)
Item 18. Docket No. 96-0950-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Sunray Investments in Tarrant County; Account No. TA-3155-O; for air quality violations pursuant to the Texas Clean Air Act, Chapter 382 and the rules of the Texas Natural Resource Conservation Commission. (Kevin Cauble)
Issue Agreed Order, RM/JB. All Commissioners Agree.
Item 19. Docket No. 96-1245-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Longhorn Sales and Leasing, Incorporated in Hood County; Account No. HQ-0067-R; for air quality violations pursuant to the Texas Clean Air Act, Chapter 382 and the rules of the Texas Natural Resource Conservation Commission. (Mary Jennings)
Issue Agreed Order, RM/JB. All Commissioners Agree.
Item 20. Docket No. 96-0965-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Taurus Custom Body and Paint in El Paso County, Account No. EE-1652-K for air quality violations pursuant to the Texas Clean Air Act, Texas Health and Safety Code, Chapter 382 and the rules of the Texas Natural Resource Conservation Commission. (Stacey Young)
Issue Agreed Order, RM/JB. All Commissioners Agree.
Item 21. Docket No. 96-0828-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Tara-Mar Products in Tarrant County; Account No. TA-3091-P; for air quality violations pursuant to the Texas Clean Air Act, Chapter 382 and the rules of the Texas Natural Resource Conservation Commission. (Dona Lambacher)
Issue Agreed Order, RM/JB. All Commissioners Agree.
Item 22. Docket No. 96-0684-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of W.P. Ballard & Company, Inc. in Harris County; Account No. HG-3319-F; for air quality violations pursuant to the Texas Clean Air Act, Chapter 382 and the rules of the Texas Natural Resource Conservation Commission. (Lance Owens)
Issue Agreed Order, RM/JB. All Commissioners Agree.
Item 23. Docket No. 96-0607-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Terry the Trader Paint & Body Shop in Montgomery County; Account No. MQ-0478-M; for air quality violations pursuant to the Texas Clean Air Act, Chapter 382 and the rules of the Texas Natural Resource Conservation Commission. (Miriam Hall)
Issue Agreed Order, RM/JB. All Commissioners Agree.
Item 24. Docket No. 96-0690-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Wil-Cor, Incorporated in Harris County; Account No. HX-0605-G; for air quality violations pursuant to the Texas Clean Air Act, Texas Health and Safety Code, Chapter 382 and the rules of the Texas Natural Resource Conservation Commission. (Sheila Smith)
Issue Agreed Order, RM/JB. All Commissioners Agree.
Item 25. Docket No. 96-0606-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Bake-O-Body and Paint, Inc. in Fort Bend County; Account Number FG-0474-B for air quality violations pursuant to the Texas Clean Air Act, Texas Health and Safety Code, Chapter 382 and the rules of the Texas Natural Resource Conservation Commission. (Stacey Young)
Issue Agreed Order, RM/JB. All Commissioners Agree.
Item 26. Docket No. 96-0616-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Channel Services and Sales in Harris County; Account Number HG-9674-J for air quality violations pursuant to the Texas Clean Air Act, Texas Health and Safety Code, Chapter 382 and the rules of the Texas Natural Resource Conservation Commission. (Sheila Smith)
Issue Agreed Order, RM/JB. All Commissioners Agree.
Item 27. Docket No. 96-0839-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Buchanan's Auto Sales in Dallas County; Account No. DB-2437-N; for air quality violations pursuant to the Texas Clean Air Act, Chapter 382 and the rules of the Texas Natural Resource Conservation Commission. (Kevin Cauble)
Issue Agreed Order, RM/JB. All Commissioners Agree.
Item 28. Docket No. 96-1244-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of CLK Auto Sales in Harris County; Account No. HX-0418-H; for air quality violations pursuant to the Texas Clean Air Act, Chapter 382 and the rules of the Texas Natural Resource Conservation Commission. (Mary Jennings)
Issue Agreed Order, RM/JB. All Commissioners Agree.
Item 29. Docket No. 96-0794-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Fort Worth Aluminum Foundry, Inc. in Tarrant County; Account No. TA-3024-H; for air quality violations pursuant to the Texas Clean Air Act, Chapter 382 and the rules of the Texas Natural Resource Conservation Commission. (Kevin Cauble)
Issue Agreed Order, RM/JB. All Commissioners Agree.
Item 30. Docket No. 96-0608-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Leo's Auto Sales in El Paso County; Account No: EE-1545-M for air quality violations pursuant to the Texas Clean Air Act, Texas Health and Safety Code, Chapter 382 and the rules of the Texas Natural Resource Conservation Commission. (Stacey Young)
Issue Agreed Order, RM/JB. All Commissioners Agree.
Item 31. Docket No. 96-1171-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Global Octanes Texas, L.P. in Harris County; Account No. HG-3604-D; for air quality violations pursuant to the Texas Clean Air Act, Chapter 382 and the rules of the Texas Natural Resource Conservation Commission. (Randy Norwood).
Issue Agreed Order, RM/JB. All Commissioners Agree.
CONTESTED (Rules)
Item 32. Docket No. 96-1521-RUL. Consideration for publication and hearing of a proposed amendment to 30 TAC Chapter 114, Section 114.3, regarding Vehicle Emissions Inspection Requirements; and to the State Implementation Plan. The proposed amendment will revise the definition of "primarily operated" to specify that the vehicle emissions inspection requirements apply to vehicles operated at least 60 calendar days of the year within a core program area rather than 60 continuous days. (Thomas Ortiz)(Rule Log #96166-114-AI).
Proceed to Publication and Hearing, RM/BM. All Commissioners Agree.
Item 33. Docket No. 96-1483-RUL. Consideration of publication of new 30 TAC Sections 210.51-210.55, Subchapter E, Chapter 210, relating to Special Requirements for Use of Industrial Reclaimed Water. These rules would facilitate the conservation and reuse of water by authorizing certain requirements for the use of industrial reclaimed water not specifically authorized by Chapter 310 relating to the Use of Reclaimed Water. (Tom Weber) (Rule Log No. 96156-210-WT).
Proceed with Publication, BM/JB. All Commissioners Agree.
Item 34. Docket No. 96-1371-RUL. Consideration for publication of notice and hearing on a petition by 3M Company for approval of Alternate Control Requirements under 30 TAC Chapter 115, Subchapter G, Section 115.613(c), concerning Alternate Control Requirements. Approval would authorize 3M to develop, test, and market two spray adhesive products by July 1, 1997, and delay compliance with the volatile organic compound emission limits in Section 115.612(a)(1) of the Chapter 115 consumer products rule. (Mike Magee) (Rule Log No. 96152-115-SIP).
Proceed to Publication and Hearing, RM/BM. All Commissioners Agree.
Item 35. Docket No. 96-1019-RUL. Consideration for the adoption of new Chapter 122.135, concerning Grandfather Requirements in 30 TAC Chapter 122. The rule provides an exemption from the requirement to submit grandfather emission rates in the operating permit application for the owners or operators of sites subject to the federal operating permits program. The proposed rule was published in the July 23, 1996, issue of the Texas Register (21 TexReg 6872). (Jim Dodds) (Rule Log No. 96137-122-AI).
Approve Adoption of Rules, RM/JB. All Commissioners Agree.
Item 36. Docket No. 96-0580-RUL. Consideration for adoption of 30 TAC Chapter 106, Section 106.102, regarding Comfort Heating. If adopted, the rule would create a new Section 106.102, which is a recodification of current Standard Exemption No. 3, with changes to allow for burning distillate fuel oil and to allow for the burning of used oil in comfort space heaters if certain operational limitations are met. The proposal was published in the July 12, 1996, issue of the Texas Register (21 TexReg 6412). (Jim Dodds)(Rule Log No. 96121-106-AI).
Continued to October 23, 1996. All Commissioners Agree.
Item 37. Docket No. 96-0339-RUL. Consideration for adoption of new 30 TAC Chapter 216, Water Quality Performance Standards for Urban Development, Subchapter A, Concerning Water Quality Protection Zones. The rules reflect the implementation of Senate Bill 1017, enacted by the 74th Legislature. These rules will set out the procedures and criteria to be used by the commission in the review and approval of water quality plans and amendments submitted for tracts of land designated as water quality protection zones, designation of water quality protection zones for tracts of land that are less than 1,000 acres but not less than 500 acres in size, determination of the adequacy of annual reports submitted for water quality protection zones and the assessment of fees. The proposed rules were published in the May 3, 1996 issue of the Texas Register. (Rule Log No. 95147-216-WT) (Arthur Talley).
Continued to October 23, 1996. All Commissioners Agree.
Item 38. Docket No. 96-0581-RUL. Consideration for adoption of 30 TAC Chapter 106, concerning Exemptions from Permitting, Subchapter A, concerning General Provisions. The adopted rules will establish the general requirements for exemptions from permitting in the restructured framework. The proposal was published in the July 12, 1996, issue of the Texas Register (21 TexReg 6409). (Jim Dodds) (Rule Log No. 96122-106-AI).
Continued to October 23, 1996. All Commissioners Agree.
EXECUTIVE SESSION
Item 39. Docket No. 96-1539-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.
Item 40. Docket No. 96-1540-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.
(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.)(PERSONS WHO DESIRE THE ASSISTANCE OF AN INTERPRETER IN CONJUNCTION WITH THEIR ORAL PRESENTATION AT THIS TNRCC AGENDA ARE REQUESTED TO CONTACT DOUG KITTS IN THE OFFICE OF CHIEF CLERK AT (512) 239-3317 AT LEAST FIVE (5) WORK DAYS PRIOR TO THE AGENDA SO THAT APPROPRIATE ARRANGEMENTS CAN BE MAKE.)
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, October 9, 1996

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.

Room 201S, Bldg E.

12118 N. Interstate 35

Item 41. Docket No. 96-1284-AGR. The Commission will consider the Motions for Rehearing and Reconsideration filed by ACCORD, concerning the order issued August 28, 1996 affirming the Executive Director's determination that certain comments on Texas Farms, Inc.'s application for authorization No. 03902 did not demonstrate "technical merit" and of the Executive Director's issuance on August 28, 1996 of Permit-by-Rule No. 03902 to Texas Farms, Inc.
Deny Motion for Rehearing, RM/JB. All Commissioners Agree.
Item 42. Docket No.96-1572-MWD. Consideration of a request from Barshop & Oles, Inc. for an Order authorizing commencement of construction of septic field expansion for a wastewater treatment facility at Lohman's crossing shopping center prior to Commission consideration of its application for a wastewater discharge permit amendment. The proposed authorization to construct would not permit the discharge of any wastewater. (Anthony Tatu)
Grant Request for Authorization to Construct, JB/RM. All Commissioners Agree.


OLD BUSINESS AGENDA

Wednesday, October 9, 1996

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.

Room 201S, Bldg E.

12118 N. Interstate 35

Item carried forward from Agenda of September 18, 1996.
Item 1. Docket No. 96-1374-MWD. MCMULLEN COUNTY WATER CONTROL AND IMPROVEMENT DISTRICT NO. 1 for renewal of Permit No. 13543-01 which authorizes a discharge of treated domestic wastewater effluent at a volume not to exceed an average flow of 96,000 gallons per day. The Tilden Wastewater Treatment Facilities are adjacent to the west side of State Highway 16 and immediately south of the intersection of State Highway 16 and Farm-to-Market Road 72 in McMullen County, Texas. The Commission will consider the application and the hearing requests that have been filed on the application. (Tom Weber/Bob Sweeney)
Deny Request and Issue Renewal of Permit, JB/RM. All Commissioners Agree.
Item carried forward from Agenda of September 18, 1996.
Item 2. Docket No. 96-1250-MWD. CITY OF MCGREGOR for renewal of Permit No. 10219-002 which authorizes a discharge of treated domestic wastewater effluent at a final volume not to exceed an average flow of 1,100,000 gallons per day from the South Wastewater Treatment Facilities. The plant site is adjacent to and west of State Highways 317, approximately 2 miles south of the intersection of U.S. Highway 84 and State Highway 317 in McLennan County, Texas. The Commission will consider the application and the hearing requests that have been filed on the application. (Bob Sweeney/Tom Weber)
Continued to October 23, 1996. All Commissioners Agree.
Item carried forward from Agenda of September 25, 1996.
Item 3. Docket 96-1515-CON. Consideration for the Texas Natural Resource Conservation Commission (the "TNRCC") to execute an operating agreement with the Natural Resource Foundation of Texas (NRFT) to solicit funding and in-kind donations, contract for services and acknowledgments, and manage funds and other donations received for various state purposes including "The Texas Lake And River Cleanup," "the Texas Natural Resource Fair," and the "Texas Natural Resource Media Odyssey." (Andrew Neblett)
Approve Resolution with changes as directed by Chairman McBee, BM/RM. All Commissioners Agree.


AGENDA

Wednesday, October 9, 1996

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

1:00 p.m.

Room 201S, Bldg E.

12118 N. Interstate 35

Item 1. TNRCC Docket No. 96-0151-UCR; SOAH Docket No. 582-96-0182. Consideration of Administrative Law Judge's Proposal for Decision concerning the application of Stanley McCurley to increase retail water rates in Henderson and Smith Counties, Texas. Applicant provides retail water service to approximately 678 customers. Recommendation: Partial approval of rate increase. ALJ; Kerry D. Sullivan
Accept the recommendation of the Administrative Law Judge, I suggest we amend to include specific language to address this point to someone who sells their home, at that point a person will be able to receive a lump sum payment. BM/JB
Item 2. TNRCC Docket No. 96-0248-DIS; SOAH Docket No. 582-96-0687. Consideration of Administrative Law Judge's Proposal for Decision & Order concerning the application of Northwest Harris County MUD No. 24 for Authority to adopt and impose standby fees in Harris County, Texas. Recommendation: Approval of Application. (ALJ): Tommy Broyles
Accept the Administrative Law Judge's Proposal for Decision & Order with respect to (1) Is in fact undeveloped property (2) Standby fee is fairly allocated (4) There is no res judicata involved, but I will move that we amend the Proposal for Decision and Order to accept the Executive Directors arguments with respect to the assessability of the property the district in Harris County and I guess I draw the distinction between assessability which I think does not appear to be prohibited by law (collectability may be prohibited), but the assessing of all the property seems to be the most equitable way to do this to approach this issue. BM/RM. All Commissioners Agree.
Item 3. Docket No. 95-0418-UCR. The Commission will consider the Judgement Affirming in Part and Remanding in Part issued by the 53rd Judicial District, Travis County, in Highsaw Water Supply Corporation v. TNRCC, Cause No. 95-14604. The Court case concerned an appeal of a Commission Order setting rates charged by Highsaw Water Supply Corporation. Highsaw is located in Henderson County.
Refer to State Office Administrative Hearing and SOAH bring back a recommendation based on the existing record, no new evidence is to be taken and come back with an order on what they believe are reasonable rate case expenses, that will be my suggestion, JB/BM. Chairman McBee asked to expand the Judge also remanded the question of the meters and said that there is not sufficient evidence in the record for what the staff ultimately determined so I might ask to expand your motion to include that issue and do give SOAH the opportunity there to open the record to take additional evidence if need be. All Commissioners Agree.
Item 4. Docket Nos. 95-1287-UCR and 96-0949-UCR (both on Hayes' 8/21/96 letter: Consideration of the certified question filed by Cynthia Hayes, Administrative Law Judge, concerning her jurisdiction to consider a party's motion for interim rates and/or establishment of an escrow account absent a referral to the State Office of Administrative Hearings of such issues by the Commissioners after their consideration of a petition filed pursuant to 30 TAC Section 291.29.
Have the Administrative Law Judge vested with that authority not only hear the matter and send us a Proposal for Decision, but to hear it, decide it and let us review the final determination, I meant for the recommendation to come back to us. RM/BM. All Commissioners Agree.


OLD BUSINESS AGENDA

Wednesday, October 9, 1996

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

1:00 p.m.

Room 201S, Bldg E.

12118 N. Interstate 35

Item carried forward from Agenda of September 25, 1996.
Item 1. Docket No. 96-1466-IHW. Consideration of the Executive Director's requirement that TXI Operations, LP (Midlothian Cement Plant) submit, as part of its hazardous waste permit application (Permit No. HW-50316-001), an air addendum to demonstrate that its facility will comply with the Texas Clean Air Act. (Ellis County)
Deny Motion for continuance BM/JB. Deny Request of TXI and process is to continue as recommended by Executive Director, BM/JB. Commissioner Marquez recused from this item.