MCBEE
MARQUEZ
BAKER

AGENDA

Wednesday, April 30, 1997

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.
Room 201S, Bldg E.
12100 Park 35 Circle


CONTESTED (Agency Enforcement Report)

Item 1.   Docket No. 97-0288-RPT. Discussion of an Agency Report on Enforcement Actions from various programs including Agriculture, Air, Industrial & Hazardous Waste, Multi-Media, Municipal Solid Waste, Occupational Certification, Petroleum Storage Tanks, Water Quality, and Public Water Supply. (Anne Dobbs).

No Action Required

CONTESTED (Hearing Request)

Item 2.   Docket No. 97-0223-MWD. WEBB COUNTY for a permit (Proposed Permit No. 13577-03 ) to authorize a discharge of treated domestic wastewater effluent in phases with a final volume not to exceed an average flow of 1,500,000 gallons per day. The proposed wastewater treatment facility will serve Webb County. The plant site is located 2,000 feet east of the Rio Grande River, 10,000 feet west of U.S. Highway 83 and approximately 13,000 feet south south-west from the intersection of U.S. Highway 83 and Mangana Hein Road in Webb County, Texas. The Commission will consider the application and hearing requests that have been filed on the application. (Tom Weber/Margaret Hoffman)

Deny Request for Hearing, and issue permit, JB/RM. All Commissioners Agree

Item 3.   Docket No. 97-0240-MWD. CITY OF NASSAU BAY for an amendment to Permit No. 10526-01 to authorize an additional outfall (Outfall 002) to provide a constant lake level for Nassau Lake. The current permit authorizes a discharge of treated domestic wastewater effluent at a volume not to exceed an average flow of 1,330,000 gallons per day via Outfall 001, which will remain the same. The proposed Outfall 002 would authorize a discharge not to exceed 60,000,000 gallons on an annual basis to Lake Nassau. The wastewater treatment facilities are at 18920 Point Lookout, approximately one mile south of Nasa Road One at the confluence of Clear Creek and Clear Lake and adjacent to Lake Nassau (Pearsons Lake) and approximately one mile east of the City of Webster in the City of Nassau Bay in Harris County, Texas. The Commission will consider the application and hearing requests that have been filed on the application. (Tom Weber/Margaret Hoffman)

Remand to State Office Administrative Hearing, but refer to Alternative Dispute Resolution for 4 to 6 weeks for mediation, if mediation fails refer to SOAH, RM/JB. All Commissioners Agree

CONTESTED (Class 3 Modification to Hazardous Waste Permit)

Item 4.   Docket No. 97-0309-IHW. Consideration of an application by MOBIL OIL CORPORATION for a Class 3 modification to Permit No. HW-50139 in accordance with 30 TAC Section 305.69. The permit authorizes the operation of a non-commercial industrial solid waste management facility for disposal of hazardous wastes. The permit modification will authorize the addition of two container storage areas for the storage of Class 1, Class 2 and Class 3 industrial solid wastes and industrial hazardous wastes and the authorization to manage additional Class 1 and Class 2 industrial solid wastes and industrial hazardous wastes. The facility is located at the end of Burt Street on approximately 1,120 acres near the city of Beaumont, Jefferson County, Texas. (John Clegg)

Issue Class 3 modification, RM/JB. All Commissioners Agree

CONTESTED (Public Water Supply Enforcement Agreed Orders)

Item 5.   Docket No. 96-1835-PWS-E. Consideration of a Agreed Order assessing administrative penalties and requiring certain actions of the City of Raymondville in Willacy County; PWS No. 2450001; 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, RM/BM. All Commissioners Agree

Item 6.   Docket No. 96-1560-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Mountain Peak Water Supply Corporation in Ellis County; PWS No. 0700042; for public water system violations pursuant to the Texas Health and Safety Code and the rules of the Texas Natural Resource Conservation Commission. (Terry Thompson)

Issue Agreed Order, RM/BM. All Commissioners Agree

Item 7.   Docket No. 96-1843-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Rose City in Orange County; PWS No 1810139; 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, RM/BM. All Commissioners Agree

CONTESTED (Public Water Supply Enforcement Default Order)

Item 8.   Docket No. 96-0775-PWS-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Longhorn Ranch Motel, Inc. in Brewster County; PWS No. 0220032; for drinking water quality violations pursuant to Chapter 341 of the Texas Health & Safety Code and the rules of the Texas Natural Resource Conservation Commission. (Booker Harrison).

Issue Default Order, JB/BM. All Commissioners Agree

CONTESTED (Air Enforcement Agreed Orders)

Item 9.   Docket No. 96-1583-AIR-E. Consideration of an Agreed Order requiring certain actions of Big City Crushed Concrete in Tarrant County; Account No. 93-2521-T; for air quality violations pursuant to the Texas Clean Air Act, Chapter 382 of the Texas Health and Safety Code, and the rules of the Texas Natural Resource Conservation Commission. (David Edge)

Issue Agreed Order, JB/RM. All Commissioners Agree

Item 10.   Docket No. 96-1223-AIR-E. Consideration of an Agreed Order requiring certain actions of R & G Enterprises in Bexar County; Account No. BG-0907-N; for air quality violations pursuant to the Texas Clean Air Act, Chapter 382 of the Texas Health and Safety Code, and the rules of the Texas Natural Resource Conservation Commission. (Carl Schnitz)

Issue Agreed Order, JB/RM. All Commissioners Agree

Item 11.   Docket No. 96-1567-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Greater Texas Finishing Corporation in El Paso County; Account No. EE-1220-U; for air quality violations pursuant to the Texas Clean Air Act, Chapter 382 of the Texas Health and Safety Code, and the rules of the Texas Natural Resource Conservation Commission. (Stacey Young)

Issue Agreed Order, JB/RM. All Commissioners Agree

Item 12.   Docket No. 96-1596-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Maaco Auto Painting and Body Works in Tarrant County; Account No. TA-2828-M; for air quality violations pursuant to the Texas Clean Air Act, Chapter 382 of the Texas Health and Safety Code, and the rules of the Texas Natural Resource Conservation Commission. (Suzanne Walrath)

Issue Agreed Order, JB/RM. All Commissioners Agree

Item 13.   Docket No. 96-1555-AIR-E. Consideration of an Agreed Order requiring certain actions of Miscellaneous Steel Industries, Incorporated in Hays County; Account No. HK-0087-I; for air quality violations pursuant to the Texas Clean Air Act, Chapter 382 of the Texas Health and Safety Code, and the rules of the Texas Natural Resource Conservation Commission. (Tel Croston)

Issue Agreed Order, JB/RM. All Commissioners Agree
Item 14.   Docket No. 96-1520-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Sunwest Autos Unlimited in El Paso County; Account No. EE-1872-R; for air quality violations pursuant to the Texas Clean Air Act, Chapter 382 of the Texas Health and Safety Code, and the rules of the Texas Natural Resource Conservation Commission. (Lance Owens)

Issue Agreed Order, JB/RM. All Commissioners Agree

Item 15.   Docket No. 96-1660-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Luis' Paint and Body Shop in Galveston County; Account No. GB-0499-A; for air quality violations pursuant to the Texas Clean Air Act, Chapter 382 of the Texas Health and Safety Code, and the rules of the Texas Natural Resource Conservation Commission. (Miriam Hall)

Issue Agreed Order, JB/RM. All Commissioners Agree

Item 16.   Docket No. 96-1784-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Alexander's Automotive in Harris County; Account No. HG-3496-F; for air quality violations pursuant to the Texas Clean Air Act, Chapter 382 of the Texas Health and Safety Code, and the rules of the Texas Natural Resource Conservation Commission. (Sheila Smith)

Issue Agreed Order, JB/RM. All Commissioners Agree

Item 17.   Docket No. 96-1860-AIR-E. Consideration of an Agreed Order requiring certain actions of Creative Composites, Incorporated in Harris County; Account No. HX-1109-Q; for air quality violations pursuant to the Texas Clean Air Act, Chapter 382 of the Texas Health and Safety Code, and the rules of the Texas Natural Resource Conservation Commission. (Sheila Smith)

Issue Agreed Order, JB/RM. All Commissioners Agree

Item 18.   Docket No. 96-1834-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Union Tank Car Company in Liberty County; Account No. LH-0027-W; for air quality violations pursuant to the Texas Clean Air Act, Chapter 382 of the Texas Health and Safety Code, and the rules of the Texas Natural Resource Conservation Commission. (Sheila Smith)

Issue Agreed Order, JB/RM. All Commissioners Agree

CONTESTED (Municipal Waste Discharge Enforcement Agreed Orders)

Item 19.   Docket No. 96-1908-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Mount Vernon in Franklin County, Permit No. 11122-002; for violations pursuant to the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Pam Campbell)

Issue Agreed Order, RM/JB. All Commissioners Agree

Item 20.   Docket No. 96-1931-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the Clint Independent School District in El Paso County, Permit No 13667-001; for violations pursuant to the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Bill Main)

Issue Agreed Order, RM/JB. All Commissioners Agree

Item 21.   Docket No. 96-1627-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of CMH Parks, Inc. in Denton County, Permit No. 13732-001; for violations pursuant to the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Roxanne Cook)

Issue Agreed Order, RM/JB. All Commissioners Agree

Item 22.   Docket No. 96-1750-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Miami in Roberts County, Permit No. 11027-001, for violations pursuant to the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Laurie Eaves)

Continued to May 14, 1997

Item 23.   Docket No. 97-0029-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Cross Roads Independent School District in Henderson County, Permit No. 13789-001; for violations pursuant to the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Michael Meyer)

Issue Agreed Order, RM/JB. All Commissioners Agree

Item 24.   Docket No. 96-1788-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of New Boston in Bowie County, Permit No. 10482-001; for violations pursuant to the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Laurie Eaves)

Issue Agreed Order, RM/JB. All Commissioners Agree

Item 25.   Docket No. 96-1753-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Sinton in San Patricio County; TNRCC Permit No. 13641-001; for water quality violations pursuant to the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Mary Smith)

Issue Agreed Order, RM/JB. All Commissioners Agree

Item 26.   Docket No. 96-1824-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Eden, in Concho County, Permit No. 10081-001; for violations pursuant to the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Mary Smith)

Issue Agreed Order, RM/JB. All Commissioners Agree

Item 27.   Docket No. 96-1969-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Needville in Fort Bend County, Permit No. 10343-001; for violations pursuant to the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Pam Campbell)

Issue Agreed Order, RM/JB. All Commissioners Agree

Item 28.   Docket No. 96-1786-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of West Hardin County Consolidated Independent School District in Hardin County, Permit No. 11274-001; for violations pursuant to the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Lin Zhang)

Issue Agreed Order, RM/JB. All Commissioners Agree

Item 29.   Docket No. 96-1856-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City Of Hooks in Bowie County, Permit No. 10507-001; for violations pursuant to the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Lin Zhang)

Issue Agreed Order, RM/JB. All Commissioners Agree

CONTESTED (Industrial Hazardous Waste Enforcement Agreed Order)

Item 30.   Docket No. 96-1868-IHW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Dyess Air Force Base in Taylor County; Solid Waste Registration No. 64003, Hazardous Waste Permit No. HW-50250; for industrial & hazardous waste violations pursuant to the Texas Solid Waste Disposal Act and the rules of the Texas Natural Resource Conservation Commission. (John Sadlier)

Issue Agreed Order, BM/RM. All Commissioners Agree

CONTESTED (Industrial Hazardous Waste Default Order)

Item 31.   Docket No. 96-1156-IHW-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Scotty Joe Lane in Henderson County; SWR No. 84229; for industrial and hazardous waste violations pursuant to the Texas Solid Waste Disposal Act, Chapter 361 of the Texas Health & Safety Code, Chapter 26 of the Texas Water Code, and the rules of the Texas Natural Resource Conservation Commission. (Thomas Corwin).

Issue Default Order, BM/RM. All Commissioners Agree

CONTESTED (Petroleum Storage Tank Enforcement Agreed Orders)

Item 32.   Docket No. 96-1109-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Mr. Julian Kubeczka in Harris County; Enforcement ID No. E11425; for underground storage tank violations pursuant to Chapter 26 of the Texas Water Code, and the rules of the Texas Natural Resource Conservation Commission. (Patricia Welton).

Issue Agreed Order, RM/JB. All Commissioners Agree

Item 33.   Docket No. 96-0975-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of H & C Tire Center, Inc. in Webb County; Enforcement ID No. 11575; for underground storage tank violations pursuant to Chapter 26 of the Texas Water Code, and the rules of the Texas Natural Resource Conservation Commission. (Patricia Welton).

Issue Agreed Order, RM/JB. All Commissioners Agree

        CONTESTED (Rules)

Item 34.   Docket No. 96-1482-RUL. Consideration for adoption of new 30 TAC Section 297.57, Subchapter E, Chapter 297, relating to Emergency Suspension of Permit Conditions. The purpose of this rule is to clarify existing commission criteria used to determine whether to grant a petition for the temporary suspension of all or part of conditions in a water right relating to beneficial inflows to bays and estuaries and instream uses if the commission finds an emergency exists and there are no feasible, practicable alternatives to the suspension pursuant to Section 11.148 of the Texas Water Code. The proposal was published in the November 8, 1996 issue of the Texas Register (21 TexReg 10959). (Bruce Moulton) (Rule Log Number 96157-297-WT).

Adopt As Recommended by Staff and Work with changes as recommended by Mr. Hess, BM/RM. All Commissioners Agree

Item 35.   Docket No. 96-1657-RUL. Consideration for repeal of 30 TAC Sections 115.332-115.337 and 115.339 (concerning Fugitive Emission Control in Synthetic Organic Chemical, Polymer, Resin, and Methyl Tert-Butyl Ether Manufacturing Processes), and Sections 115.342-115.347 and 115.349 (concerning Fugitive Emission Control in Natural Gas/Gasoline Processing Operations); for adoption of amendments to 30 TAC Chapter 101, Section 101.1, concerning Definitions; for adoption of amendments to 66 sections in 30 TAC Chapter 115, concerning Control of Air Pollution from Volatile Organic Compounds (VOC); and revisions to the State Implementation Plan (SIP) regarding these amendments. The primary purpose of the repeals and amendments is to correct and update rules and rule references; clarify and simplify control requirements; and delete obsolete definitions and rule language. The proposed repeals and amendments were published in November 19, 1996, issue of the Texas Register (21 TexReg 11229). (Randy Hamilton/Eddie Mack) (Rule Log Nos. 96162-115-AI, 96164-115-AI, and 96165-115-AI).

Approve Staff Recommendation, RM/JB. All Commissioners Agree

Item 36.   Docket No. 97-0194-RUL. Consideration for publication of and hearing on proposed new 30 TAC Chapter 122, concerning Federal Operating Permits, and the repeal of existing 30 TAC Chapter 122. The proposed revisions to the Operating Permit Program are designed to provide additional flexibility for the regulated community as well as utilize and integrate existing programs within the commission. (Karen Olson, Jim Dodds) (Rule Log No. 96159-122-AI).

Proceed with Publication and Hearing and Recommendations of Staff, RM/BM. All Commissioners Agree

Item 37.   Docket No. 96-1636-RUL. Consideration for adoption of amendments to 30 TAC Section 116.610, concerning Applicability; Section 116.611, concerning Registration Requirements; Section 116.615, concerning General Conditions; the repeal of existing Section 116.617, concerning Standard Permit List; new Section 116.617, concerning Standard Permits for Pollution Control Projects; the repeal of 30 TAC Section 115.950, concerning Standard Construction Permit for Volatile Organic Compound Control Projects; the repeal of 30 TAC Section 117.550, concerning Standard Construction Permits for Nitrogen Oxides Reasonably Available Control Technology Projects; and revisions to the State Implementation Plan regarding these proposed amendments and repeals. The adoption would streamline requirements for standard air permits for pollution control projects and eliminate largely duplicative rules in multiple chapters. The proposal was published in the December 6, 1996 issue of the Texas Register (21 TexReg 11743) (Randy Hamilton) (Rule Log No. 96105-115-AI).

Approve Staff Recommendation, BM/RM. All Commissioners Agree

CONTESTED (State Implementation Plan)

Item 38.   Docket No. 97-0150-SIP. Consideration for publication of notice of and hearing upon proposed revisions to the Vehicle Miles Traveled Offset State Implementation Plan, for the Houston/Galveston ozone nonattainment area as required by the Federal Clean Air Act Amendments (FCAAA) of 1990 Section 182(d)(1)(A). (Teresa Hardin Nguyen) (Rule Log No. 97104-SIP-AI).

Approve Publication and Hearing, RM/JB. All Commissioners Agree

EXECUTIVE SESSION

Item 39.   Docket No. 97-0327-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 40.   Docket No. 97-0328-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

Item 41.   Docket No. 97-0329-EXE. The Commission will consider in open meeting legislative matters related to its jurisdiction, including proposed legislation and related position papers, briefing materials, and status reports. The Commission may also meet in closed meeting to receive legal advice regarding these matters as authorized by Section 551.071 of the Open Meetings Act, Chapter 551 of the Government Code. Any Commission action, decision or vote on these matters will be made in open meeting in accordance with Section 551.102 of the Open Meetings Act, 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.)(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.



ADDENDUM TO AGENDA

Wednesday, April 30, 1997

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.
Room 201S, Bldg E.
12100 Park 35 Circle


Item 42.   Docket No. 96-0210-IHW. The Commission will consider the motion for rehearing filed by Keith Weaver concerning the application by Texas Eastman Chemical Company for Permit No. HW-50043-01. On March 6, 1997, the Commission considered and adopted the Administrative Law Judge’s Proposal for Decision recommending that the application be dismissed without prejudice and that Mr. Weaver’s Motion for Cost Reimbursement be denied.

Deny Motion for Rehearing, RM/BM. All Commissioners Agree

OLD BUSINESS AGENDA

Wednesday, April 30, 1997

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

1:00 p.m.
Room 201S, Bldg E.
12100 Park 35 Circle


Item carried forward from Agenda of January 22, 1997.

Item 1.   TNRCC Docket No. 95-1270-IHW-E; SOAH Docket No. 582-95-1654. Consideration of Administrative Law Judge's Proposal for Decision & Order concerning the motion in favor of the Executive Director of the Texas Natural Resource Conservation Commission for summary disposition and the petition of the Executive Director seeking revocation of Permits No. HW-50003, WDW-73 and WDW-138 issued to Malone Service Company, Galveston, County, Texas. Recommendation: Grant Summary disposition and revoke permits. ALJ: Carol Wood

Adopt Proposal for Decision and Issue Order, JB/RM. All Commissioners Agree

Item carried forward from Agenda of January 22, 1997.

Item 2.   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)

Mediated through Alternative Dispute Resolution, Issue Permit with changes, JB/BM. All Commissioners Agree

AGENDA

Wednesday, April 30, 1997

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

1:00 p.m.
Room 201S, Bldg E.
12100 Park 35 Circle


Item 1.   Docket No. 97-0297-AGR. Consideration of the Request for Commission Review concerning the Executive Director's determination that no comments submitted concerning the application by Carole Vander Horst, dba Carole Vander Horst Dairy for Permit-by-Rule No. 03322 demonstrated technical merit. The application concerns the dairy currently authorized under Subchapter B of Chapter 321 of TNRCC rules by Permit No. 03322. The application by Carole Vander Horst seeks to transfer authorization to operate from Subchapter B to Subchapter K of Chapter 321 of TNRCC rules pursuant to 30 TAC 321.183(I). The application also requests authorization, pursuant to subchapter K of Chapter 321 of TNRCC rules, to expand the dairy facility from 750 head to operate at a maximum of 990 head and to generate and collect animal wastewater on-site. Wastewater will be beneficially used on 51.4 acres of agricultural land located on-site. Waste will be beneficially used on 236.5 acres of agricultural land located on-site. The dairy is located on the east side of U.S. Highway 281, five miles south of Stephenville in Erath County, Texas. The facility is in the drainage area of the Upper North Bosque River in Segment No. 1255 of the Brazos River Basin. (Martinez/Nash)

Affirm Executive Directors Determination, JB/RM. McBee Voted No.

Item 2.   Docket No. 96-1488-MWD. Consideration of Protestant’s Motion for Rehearing concerning the application by the City of Sherman for amendment of Permit No. 10329-01. Protestant’s Motion requests the Commission reconsider its order dated February 24, 1997 denying protestant’s request for hearing and approving issuance of amended Permit No. 10329-01. The City’s wastewater treatment facilities are south of the Farm-to-Market 1417 bridge over Post Oak Creek on the west side of Post Oak Creek southeast of the City of Sherman in Grayson County, Texas.

Deny Motion for Rehearing, BM/JB. All Commissioners Agree

Item 3.   Docket Nos. 95-1287-UCR and 96-0949-UCR and SOAH Docket Nos. 582-95-1629 and 582-96-1133. Consideration of Administrative Law Judge's Proposal for Decision concerning the application of West Houston Airport Corporation for Certificates of Convenience and Necessity to provide water and sewer service and application to increase retail water and sewer rates in Harris County, Texas. The Applicant provides retail water service to approximately 24 customers and sewer service to approximately 22 customers. RECOMMENDATION: Issuance of water and sewer CCN's and approval of an increase in retail water and sewer rates. (Cynthia Hayes)

Adopt Proposal for Decision and Issue Order, RM/JB. All Commissioners Agree


AGENDA

Wednesday, April 30, 1997

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

3:00 p.m.
Room 201S, Bldg E.
12100 Park 35 Circle


Item 1.   Docket No. 95-0616-WR. Consideration of Motion of the City of Corpus Christi, et al. to amend the April 26, 1995 agreed order establishing operational procedures pertaining to special condition 5.B, Certificate of Adjudication No. 21-3214, held by the City of Corpus Christi, Nueces River Authority, and the City of Three Rivers. The motion seeks to suspend Corpus Christi's monthly fresh water pass-through requirement where its reservoir system is below 40% of total storage capacity and it has implemented Condition II of its Drought Contingency Plan.

Continued to June 25, 1997