|
| CONTESTED (Hearing Request) | | Item 2.
| Docket No. 96-1944-MWD. DONALD L. GALE for a permit (Proposed
Permit No. 13853-01) to authorize a discharge of treated domestic wastewater
effluent at a volume not to exceed an average flow of 29,500 gallons per day.
The permittee is also requesting a variance to the buffer zone requirements in
accordance with 30 TAC Section 309.13(e)(1)(C). The plant site is
approximately 200 feet east of Farm-to-Market Road 2946, approximately 1.2
miles south of the intersection of Farm-to-Market Road 2946 and State
Highway 514, and approximately 7.5 miles east-northeast of the City of Emory
in Rains County, Texas. The Commission will consider the application and
hearing requests that have been filed on application (Margaret Hoffman/Tom
Weber) | | | Grant Hearing Request, Allow 4 weeks for Alternative Dispute Resolution to try Mediation, if
mediation fails forward hearing request to State Office of Adminstrative Hearings, JB/BM.
All Commissioners Agree | | | Item 3.
| Docket No. 96-1882-IWD. UNIMIN CORPORATION for a permit (Proposed
Permit No.03911) to authorize an intermittent, flow variable discharge of
process wastewater and stormwater via Outfalls 001 and 002. The applicant
proposes to operate a silica sand mining and processing facility. The plant site
is located south of Highway 71 approximately 2000 feet east of the intersection
of Highway 1851 and Highway 71 near the City of Voca, McCulloch County,
Texas. The Commission will consider the application and the hearing requests
that have been filed on the application. (Margaret Hoffman/Tom Weber) | | | Continued to February 19, 1997 | | | Item 4.
| Docket No. 96-1537-IHW. CHAPARRAL STEEL MIDLOTHIAN, L.P. for a
Class 3 Modification to the Permit No. HW-50162 in accordance with 30 TAC
Section 305.69. 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. The
Commission will consider the application and the hearing requests that have
been filed on the application. (John Clegg/Helen Gilbert) | | | Continued to March 5, 1997 | | | Item 5.
| Docket No. 97-0014-AIR. Application of Wise Ready Mix Concrete, Inc. for a
Standard Exemption authorizing the proposed construction of a concrete batch
plant to be located approximately 1.6 miles west northwest of Azle, off
Jacksboro Highway. (Peter Gregg) | | | Continued to February 19, 1997 | | |
| CONTESTED (Air Enforcement Agreed Orders) | | Item 6.
| Docket No. 96-1124-AIR-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Texas Department of
Criminal Justice in Walker County; Account No. WA-0069-B; 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/BM. All Commissioners Agree | | | Item 7.
| Docket No. 96-1026-AIR-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Nagel Manufacturing
in Burleson County; Account No. BR-0016-K; 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/BM. All Commissioners Agree | | | Item 8.
| Docket No. 96-0683-AIR-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Nagel Manufacturing
in Caldwell County; Account No. CA-0010-D; 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/BM. All Commissioners Agree | | | Item 9.
| Docket No. 96-0737-AIR-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of P and C Motors in
Dallas County; Account No. DB-3383-E; 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. (Tel Croston) | | | Issue Agreed Order, RM/BM. All Commissioners Agree | | | Item 10.
| Docket No. 96-1275-AIR-E. Consideration of an Agreed Order requiring
certain actions of Kool Hand Fiberglass in Johnson County; Account No.
JH-0250-F; for air quality violations pursuant to the Texas Clean Air Act,
Chapter 382 and the rules of the Texas Natural Resource Conservation
Commission. (Tel Croston) | | | Issue Agreed Order, RM/BM. All Commissioners Agree | | | Item 11.
| Docket No. 96-0826-AIR-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Mesa Processing, Inc.
in Dallas County; Account No. DB-1564-M; 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/BM. All Commissioners Agree | | | Item 12.
| Docket No. 96-1248-AIR-E. Consideration of an Agreed Order requiring
certain actions of National Recycling and Developers, Inc. in Johnson County;
Account No. JH-0245-V; 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/BM. All Commissioners Agree | | | |
| CONTESTED (Petroleum Storage Tank Agreed Enforcement Orders) | | Item 13.
| Docket No. 96-1530-PST-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Northeast Texas Travel
Centers in Hunt County; PST Enforcement Identification No. E11570; 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/BM. All Commissioners Agree | | | Item 14.
| Docket No. 96-1617-PST-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Mr. Imad Wadi in
Navarro County; PST Enforcement Identification No. E11693; 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
Kusumanchi) | | | Issue Agreed Order, RM/BM. All Commissioners Agree | | | Item 15.
| Docket No. 96-0393-PST-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Travis County
Transportation and Natural Resource Department in Travis County; PST
Enforcement Identification No. E11500; 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/BM. All Commissioners Agree | | | Item 16.
| Docket No. 96-1726-PST-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Mr. Jim Park in
McLennan County; Enforcement ID No. E11267; for petroleum storage tank
violations pursuant to Chapter 26 of the Texas Water Code, and the rules of the
Texas Natural Resource Conservation Commission. (Walter Ehresman). | | | Issue Agreed Order, RM/BM. All Commissioners Agree | | |
| CONTESTED (Multi-Media Agreed Enforcement Orders) | | Item 17.
| Docket No. 96-0771-MLM-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Lone Star Industries,
Inc. in Nolan County; Solid Waste Registration No. 32552, Air Account No.
ND-0014-S, Air Permit No. 5918; for air quality, water quality and industrial &
hazardous waste violations pursuant to the Texas Clean Air Act, Texas Solid
Waste Disposal Act, Texas Water Code and the rules of the Texas Natural
Resource Conservation Commission. (John Sadlier) | | | Issue Agreed Order, RM/BM. All Commissioners Agree | | | Item 18.
| Docket No. 96-0951-MLM-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Signtech U.S.S. in
Bexar County;Solid Waste Registration No. 39225 for industrial and hazardous
waste violation pursuant to the Texas Solid Waste Disposal Act, the Texas
Health and Safety Code, the Texas Water Code and the rules of the Texas
Natural Resource Conservation Commission. (Adele Noel) | | | Issue Agreed Order, RM/BM. All Commissioners Agree | | |
| CONTESTED (On-Site Installers Enforcement Agreed Orders) | | Item 19.
| Docket No. 96-1150-OSI-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Grady Boyd in Bosque
County; Certification No. 1201; for certification violations pursuant to the
Texas Health and Safety Code Chapter 366.004 and 366.051(c) and the rules of
the Texas Natural Resource Conservation Commission. (30 TAC Chapter
285.107) (Lee Parham) | | | Issue Agreed Order, RM/BM. All Commissioners Agree | | | Item 20.
| Docket No. 96-1681-OSI-E. Consideration of an Agreed Order requiring
certain actions of James Colley in Travis County; OSSF Certification No. 4557;
for Health and Safety Code violations pursuant to the Texas Health and Safety
Code Chapter 366 and the rules of the Texas Natural Resource Conservation
Commission. (30 TAC Chapter 285.107) (Lee Parham) | | | Issue Agreed Order, RM/BM. All Commissioners Agree | | | Item 21.
| Docket No. 96-1024-OSI-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Joe Hill in McCulloch
County; OSSF Certification No. 1233; for Health and Safety Code violations
pursuant to the Texas Health and Safety Code Chapter 366. (Lee Parham) | | | Issue Agreed Order, RM/BM. All Commissioners Agree | | |
| CONTESTED (Landscape Irrigator Installers Enforcement Agreed
Orders) | | Item 22.
| Docket No. 96-0860-LII-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Marquette Payton of Ft.
Bend County; Unlicensed Landscape Irrigator; for landscape irrigator licensing
violations pursuant to the Texas Water Code Chapter 34 and the rules of the
Texas Natural Resource Conservation Commission. (30 TAC Chapter 344)
(Lee Parham) | | | Issue Agreed Order, RM/JB. All Commissioners Agree | | | Item 23.
| Docket No. 96-0705-LII-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Chris Berkebile in
Travis County; Unlicensed Landscape Irrigator; for landscape irrigator licensing
violations pursuant to Chapter 34 of the Texas Water Code and the rules of the
Texas Natural Resource Conservation Commission. (30 TAC Chapter 344 (Lee
Parham) | | | Issue Agreed Order, RM/JB. All Commissioners Agree | | | Item 24.
| Docket No. 96-0706-LII-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Nancy Brown of Travis
County; Unlicensed Landscape Irrigator; for landscape irrigator licensing
violations pursuant to Chapter 34 of the Texas Water Code and the rules of the
Texas Natural Resource Conservation Commission. (30 TAC Chapter 344)
(Lee Parham) | | | Remand to Executive Director. All Commissioners Agree | | |
| CONTESTED (Public Water Supply Enforcement Agreed Orders) | | Item 25.
| Docket No. 96-0676-PWS-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Presbyterian Pan
American School in Kleberg County; PWS No. 1370009;for Public Drinking
Water violations pursuant to the Texas Health and Safety Code and the rules of
the Texas Natural Resource Conservation Commission. (G. Henry and K.
Wheatley) | | | Issue Agreed Order, RM/JB. All Commissioners Agree | | |
| CONTESTED (Water Well Drillers Enforcement Agreed Orders) | | Item 26.
| Docket No. 96-0658-WWD-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Ronnie Abston in
Grayson County; Water Well Driller/Pump Installer License No. 1727WI, for
water well driller violations pursuant to the Texas Water Code Chapter 32 and
the rules of the Texas Natural Resource Conservation Commission. (30 TAC
Chapter 338) (Lee Parham) | | | Issue Agreed Order, RM/BM. All Commissioners Agree | | | Item 27.
| Docket No. 96-0661-WWD-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Jerry Kashwer in
Grimes County; Water Well Driller/Pump Installer License No. 1727WI for
water well driller violations pursuant to the Texas Water Code Chapter 32 and
the rules of the Texas Natural Resource Conservation Commission. (30 TAC
Chapter 338) (Lee Parham) | | | Issue Agreed Order, RM/BM. All Commissioners Agree | | | Item 28.
| Docket No. 96-1365-WWD-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Donald Dean Davis of
Jim Hogg County; Water Well Driller License No. 3104W; for water well
driller violations pursuant to the Texas Water Code Chapter 32 and the rules of
the Texas Natural Resource Conservation Commission. (30 TAC Chapter 338)
(Lee Parham) | | | Issue Agreed Order, RM/BM. All Commissioners Agree | | |
| CONTESTED (Pollution Cleanup) | | Item 29.
| Docket No. 96-1988-PC. Consideration of an order to authorize the Executive
Director to expend in excess of $1,000,000.00 to conduct an immediate
removal action within the Cadillac Heights Residential Area in Dallas, Dallas
County, Texas. (G. PFEIFER) | | | Continued to Februrary 5, 1997 at 1:00 p.m. | | |
| CONTESTED (Contract) | | Item 30.
| Docket No. 96-1981-CON. Consideration of a request to increase the total
amount of the Composer I-CASE (Integrated - Computer Aided Software
Engineering) Facilitation Services contract, contract number 7200000032, up to
the full amount authorized for the projects in the Agency's Legislative
Appropriations Request. The requested increase is required for continuing
development of software for Agency critical programs. (Douglas Benn). | | | Approve Staff Recommendation, RM/JB. All Commissioners Agree | | |
| CONTESTED (Rules) | | Item 31.
| Docket No. 96-1470-RUL. Consideration for adoption of new 30 TAC
Chapter 12, Payment of Fees, to add late payment penalty provisions, adoption
of conforming amendments to Chapter 101, General Rules, and revisions to the
State Implementation Plan, and adoption of conforming amendments to Chapter
290, Water Hygiene, Chapter 291, Water Rates, Chapter 303, Operation of the
Rio Grande, Chapter 304, Watermaster Operations, Chapter 305, Consolidated
Permits, Chapter 312, Sludge Use, Disposal, and Transportation, Chapter 320,
Regional Assessments of Water Quality, Chapter 330, Municipal Solid Waste,
Chapter 334, Underground and Aboveground Storage Tanks, and Chapter 335,
Industrial Solid Waste and Municipal Hazardous Waste. If adopted, this
rulemaking will establish a uniform penalty policy for the late payment of fees
owed the state under the commission's jurisdiction. The proposal was
published in the November 5, 1996, issue of the Texas Register, (21 TexReg
10863). (Beecher Cameron and Steve Ortiz) (Rule Log No. 96145-012-AD). | | | Approve Staff Recommendation, RM/JB. All Commissioners Agree | | |
| EXECUTIVE SESSION | | | Item 32.
| Docket No. 97-0024-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. | | | Continued to January 23, 1997 work session | | | Item 33.
| Docket No. 97-0025-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. | | | Continued to January 23, 1997 work session | | |
| (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
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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 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. | | | | | | | | | | | |