MCBEE
MARQUEZ
BAKER
CONTESTED AGENDA

Wednesday, May 14, 1997

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 A.M.
Bldg E. Room 201S
12100 Park 35 Circle


    UNCONTESTED (Class 3 Modification to Hazardous Waste Permit)

Item 1.   Docket No. 97-0376-IHW. Consideration of an application by U.S. ARMY-FORT HOOD, for a Class 3 modification to Permit No. HW-50323 in accordance with 305.69. The permit authorizes the operation a non-commercial municipal hazardous waste management facility for the storage of hazardous wastes. The permit modification will authorize the continued operation of the Open Detonation (OD) Area. The OD Area is currently operating under limited interim status in accordance with permit Provision II.C. The facility is located on a 217,000 acre tract of land in Bell and Coryell Counties, adjacent to the City of Killeen, Texas, west of Interstate 35. (John Clegg)

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

CONTESTED (Hearing Request)

Item 2.   Docket No. 97-0282-WEA. Application No. E630030B; POWELL PLANT FARMS, INC. seeks to obtain a Texas weather modification license for Fiscal Year 1997, under Texas Water Code Chapter 18, Rules of the Texas Natural Resource Conservation Commission 30 TAC Chapter 289, and the Texas Weather Modification Act of 1967. Issuance of a license, or renewal of an existing license, merely certifies that the person(s) or organization holding the license is (are) competent to conduct weather modification activities. A permit is required before the licensee can actually begin conducting weather modification/control activities. Issuance of a license, or renewal of an existing license, is contingent upon the applicant (1) paying the license fee, and (2) demonstrating competence in the field of meteorology which is reasonably necessary to engage in weather modification and control operations. Applicant has not previously held a Texas weather-modification license. The Commission will consider the application and the hearing requests that have been filed on the application. (Chris Kadas/George Bomar)

Continued to May 28, 1997 at 2:00 p.m.

Item 3.   Docket No. 97-0300-WEA. Application No. E630030A; POWELL PLANT FARMS, INC. seeks to obtain a Texas weather modification license for Fiscal Year 1997, under Texas Water Code Chapter 18, Rules of the Texas Natural Resource Conservation Commission 30 TAC Chapter 289, and the Texas Weather Modification Act of 1967. Issuance of a license, or renewal of an existing license, merely certifies that the person(s) or organization holding the license is (are) competent to conduct weather modification activities. A permit is required before the licensee can actually begin conducting weather modification/control activities. Issuance of a license, or renewal of an existing license, is contingent upon the applicant (1) paying the license fee, and (2) demonstrating competence in the field of meteorology which is reasonably necessary to engage in weather modification and control operations. Applicant has not previously held a Texas weather-modification license. This application is for authorization to operate a hail suppression device, during any time of the year, during the years 1996-1999 within a portion of Cheorkee County, Texas. The Commission will consider the application and the hearing requests that have been filed on the application. (Chris Kadas/George Bomar)

Continued to May 28, 1997 at 2:00 p.m.

Item 4.   Docket No. 97-0274-MWD. H.H.J., INC. for a permit (Proposed Permit No. 13863-01 ) to authorize a discharge of treated domestic wastewater effluent at an interim I volume not to exceed an average flow of 50,000 gallons per day, an interim II volume not to exceed an average flow of 100,000 gallons per day, and a final volume not to exceed an average flow of 150,000 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)(B). The wastewater treatment facility will serve the Decker Oaks Subdivision. The wastewater treatment plant is located on the northeast side of State Highway 249 and on the east side of Cripple Creek Drive approximately 0.8 mile north of the intersection of State Highway 249 and Hardin Store Road and approximately 2.7 miles southeast of the intersection of Farm-to-Market Roads 149 and 1774 and approximately 4.0 miles northwest of the City of Tomball in Montgomery County, Texas. The Commission will consider the application and the hearing requests that have been filed on the application. (Tom Weber/Margaret Hoffman)

Remand to Alternative Dispute Resolution for 4 to 6 weeks for mediation, if mediation is unsuccessful then remand to State Office Administrative Hearings on Mr. Scherer's hearing request and the Law Judge is to evaluate other hearing request, RM/JB. All Commissioners Agree

Item 5.   Docket No. 97-0275-MWD. CITY OF CROSS PLAINS for an amendment to Permit No. 10434-01 to authorize an increase in the available acreage used to irrigate treated domestic wastewater effluent. The acreage is to be increased from 17 acres to 27 acres. The permit currently authorizes a discharge of treated domestic wastewater effluent at a final volume not to exceed an average flow of 87,500 gallons per day, which will remain the same. The Cross Plains Wastewater Treatment Facilities are located approximately 2300 feet west of State Highway 279 and 3400 feet south of State Highway 36 in Callahan County, Texas. The Commission will consider the application and the hearing requests that have filed on the application. (Tom Weber/Margaret Hoffman)

Issue Amendment, JB/RM. All Commissioners Agree

Item 6.   Docket No. 97-0308-AIR. M-I DRILLING FLUIDS, L.L.C. for Air Quality Permit No. 27849 to authorize construction and operation of a Additive Manufacturing Facility. The existing facility is located on Highway 69, 5 miles south of Zavalla, Angelina County, Texas. The Commission will consider the application and the hearing requests that have been filed on the application. (Kerri Rowland/Doris Webb)

Grant Hearing Request of Mr. Renfro and remand to Alternative Dispute Resolution for 4 to 6 weeks and if mediation fails remand to State Office Administrative Hearings and Law Judge evaluate hearing request of other requestors, RM/BM. All Commissioners Agree

Item 7.   Docket No. 97-0311-MWD. WIMBERLEY INDEPENDENT SCHOOL DISTRICT for a permit (Proposed Permit No. 13824-01) to authorize the disposal of treated domestic sewage effluent via a subsurface drip irrigation system on a minimum absorption area of 58,333 square-feet in the final phase. The disposal volume is not to exceed 17,500 gallons per day average in the final phase. Application rates for the irrigated land are not to exceed 0.30 gallon/square-feet/day. No discharge of pollutants into the waters of the State is authorized by this permit. The wastewater treatment facilities and the disposal site are approximately 900 feet southwest of the intersection of Farm-to-Market Road 2325 and County Road 278 (Carney Lane) in Hays County, Texas. The Commission will consider the application and the concerns filed on the application. (Tom Weber/Margaret Hoffman)

Continued to June 25, 1997

CONTESTED (Temporary Variance)

Item 8.   Docket No. 97-0373-IWD. Request by SOUTHWESTERN ELECTRIC POWER COMPANY for a site specific temporary variance to the existing surface water quality standards for aluminum in Welsh Reservoir and Swauano Creek in Segment No. 0404 of the Cypress Creek Basin. Southwestern Electric Power Company will conduct the study to show whether a site specific amendment to the water quality standards is justified.
Continued to May 28, 1997

CONTESTED (Amendment to Permit)

Item 9.   Docket No. 97-0373-IWD. SOUTHWESTERN ELECTRIC POWER COMPANY for an amendment to Permit No. 01811 to change the effluent limitations for total aluminum from a daily average of 0.70 mg/l to a daily average of 1.43 mg/l beginning July 5, 1996. The permit authorizes an intermittent, flow variable discharge of once-through cooling water, low volume wastewaters, stormwater runoff and domestic wastewater, which will remain the same. The permittee operates the Welsh Steam Electric Station. The plant site is approximately two miles northwest of the Town of Cason, Texas and approximately one and one-half miles north of State Highway 11, Titus County, Texas.

Continued to May 28, 1997

CONTESTED (Petroleum Storage Tank Enforcement Agreed Order)

Item 10.   Docket No. 96-0480-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Mr. Guy Witt in Lynn County; PST Enforcement Identification No. E11507; 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 11.   Docket No. 96-0252-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Independent Grocers, Inc. in Taylor County; PST Enforcement Identification No. E11479; 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 12.   Docket No. 96-1965-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Smilgys Enterprises in Bexar County; PST Enforcement Identification No. E11628; for petroleum storage tank violations pursuant to the Texas Water Code, Section 26.136, and the rules of the Texas Natural Resource Conservation Commission. (Sushil Modak)

Issue Agreed Order, RM/BM. All Commissioners Agree

Item 13.   Docket No. 96-1878-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Mr. Eddie Trevino in Cameron County; PST Enforcement Identification No. E11093; for petroleum storage tank violations pursuant to the Texas Water Code, Section 26.136, and the rules of the Texas Natural Resource Conservation Commission. (Craig Carson)

Issue Agreed Order, RM/BM. All Commissioners Agree

Item 14.   Docket No. 96-0253-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Victoria Vera in Starr County; Enforcement No. E11311; for petroleum storage tank violations pursuant to Chapter 26 of the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission (Ray Winter).

Issue Agreed Order, RM/BM. All Commissioners Agree

CONTESTED (Public Water Supply Enforcement Agreed Order)

Item 15.   Docket No. 96-1704-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the Tow Village Water System in Llano County; PWS No. 1500011; for public water system violations pursuant to the Texas Health and Safety Code and the rules to the Texas Natural Resource Conservation Commission. (Tom Napier)

Issue Agreed Order, RM/BM. All Commissioners Agree

Item 16.   Docket No. 96-1557-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Meadow in Terry County; PWS No. 2230002; for public water system violations pursuant to the Texas Health and Safety Code, violations of Water Quality Permit No. 10346-01 and the rules of the Texas Natural Resource Conservation Commission. (Terry Thompson)

Issue Agreed Order, RM/BM. All Commissioners Agree

Item 17.   Docket No. 96-1947-PWS-E. Consideration of an Agreed Order requiring certain actions of Dennis Frazier dba Wooded Shores RV Park in Wood County; PWS No. 2500054; 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 18.   Docket No. 96-1101-PWS-E. Consideration of an Agreed Order assessing administrative penalties against Darold E. Wingert, dba Wingert Water Systems in Comal County; PWS No. 0460060; CNN No. 10663; for drinking water violations pursuant to Chapter 341 of the Texas Health & Safety Code and the rules of the Texas Natural Resource Conservation Commission (Mary R. Risner).

Issue Agreed Order, RM/BM. All Commissioners Agree

CONTESTED (Municipal Waste Discharge Enforcement Agreed Order)

Item 19.   Docket No. 97-0031-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Windthorst in Archer County, Permit No. 11399-001; for water quality 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 20.   Docket No. 96-1930-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of The Board of Trustees of the Galveston Wharves in Galveston County, Permit No. 00779; for violations pursuant to the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Brian Lehmkuhle)

Issue Agreed Order, RM/JB. All Commissioners Agree

Item 21.   Docket No. 97-0065-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Lumbermen's Investment Corporation in Travis County, Permit No. None; for violations pursuant to the rules of the Texas Natural Resource Conservation Commission. (Lin Zhang)

Issue Agreed Order, RM/JB. All Commissioners Agree

CONTESTED (Air Enforcement Agreed Order)

Item 22.   Docket No. 96-1806-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Village Creek Motors Auto Sales in Hardin County; Account No. HF-0180-V; 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. (Mary Jennings)

Issue Agreed Order, JB/RM. All Commissioners Agree

Item 23.   Docket No. 96-1696-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Thorp's Car Sales in Harris County; Account No. HG-9570-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. (Mary Jennings)

Issue Agreed Order, JB/RM. All Commissioners Agree

Item 24.   Docket No. 96-1827-AIR-E. Consideration of an Agreed Order requiring certain actions of Coburn Auto Sales in Walker County; Account No. WA-0076-E; 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. (Mary Jennings)

Issue Agreed Order, JB/RM. All Commissioners Agree

Item 25.   Docket No. 97-0044-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Ride-A-Way Motor Company in Collin County; Account No. CP-0240-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. (Mary Jennings)

Issue Agreed Order, JB/RM. All Commissioners Agree

Item 26.   Docket No. 96-1828-AIR-E. Consideration of an Agreed Order requiring certain actions of Franklin Citgo & Tire in Walker County; Account No. WA-0074-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. (Mary Jennings)

Issue Agreed Order, JB/RM. All Commissioners Agree

Item 27.   Docket No. 96-1038-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of International Grating, Inc., in Harris County; Account No. HG-3509-V; for air quality violations pursuant to Chapter 382 of the Texas Health & Safety Code and the rules of the Texas Natural Resource Conservation Commission (Barbara Lazard).

Issue Agreed Order, JB/RM. All Commissioners Agree

Item 28.   Docket No. 96-1547-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Basis Petroleum Incorporated in Galveston County; Account No. GB-0073-P; for air quality violations pursuant to the Texas Clean Air Act, Chapter 382 of the Texas Health & Safety Code, and the rules of the Texas Natural Resource Conservation Commission (Barbara Lazard).
Issue Agreed Order, JB/RM. All Commissioners Agree

Item 29.   Docket No. 96-1236-AIR-E. Consideration of an Agreed Order requiring certain actions of Mumme's, Incorporated in Frio County; Account No. FJ-0025-G; for air quality violations pursuant to the Texas Clean Air Act, Chapter 382 and the rules of the Texas Natural Resource Conservation Commission. (Carl Schnitz)

Issue Agreed Order, JB/RM. All Commissioners Agree

CONTESTED (Sludge Enforcement Default Order)

Item 30.   Docket No. 97-0096-SLG-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Terry Lewis dba Lewis Grease Trap in Titus County; Registration No. 21859; for Waste Transportation violations pursuant to Chapter 26 of the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission (Kathy Keils/Merrilee Mears).

Issue Default Order, BM/RM. All Commissioners Agree

CONTESTED (Municipal Solid Waste Default Orders)

Item 31.   Docket No. 96-1115-MSW-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Ronnie Hatton in Henderson County; Unauthorized Municipal Solid Waste Disposal Facility No. 455050053; for municipal solid waste violations pursuant to the Texas Solid Waste Disposal Act, Chapter 361 of the Texas Health & Safety Code, and the rules of the Texas Natural Resource Conservation Commission (Cecily Small).

Issue Default Order, JB/RM. All Commissioners Agree

Item 32.   Docket No. 96-1400-MSW-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of American Tire Recyclers, Inc. in Bexar County; Waste Tire Storage Facility No. 44131; for municipal solid waste violations pursuant to the Texas Solid Waste Disposal Act, Chapter 361 of the Texas Health & Safety Code, and the rules of the Texas Natural Resource Conservation Commission (Mary R. Risner).

Issue Default Order, RM/BM. All Commissioners Agree

CONTESTED (On-Site Enforcement Agreed Order)

Item 33.   Docket No. 97-0035-OSI-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Mr. Jim Newton in Denton County and Cooke County; for occupational certification violations pursuant to Chapter 366 of the Texas Health & Safety Code and the rules of the Texas Natural Resource Conservation Commission. (William D. Ballard, Jr.)

Issue Default Order, RM/BM. All Commissioners Agree

CONTESTED (Multi-Media Agreed Order)

Item 34.   Docket No. 96-0749-MLM-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Austin Liquid Disposal Company, Incorporated in Travis County; Air Account No. TH-0160-L, MSW Permit No. 1324; for air quality and industrial & hazardous waste violations pursuant to Sections 382.023(a) and 382.023(b), 382.082(c) and 382.082(d), and 382.088 of the Texas Clean Air Act, Texas Health and Safety Code, Chapter 382, and the Solid Waste Disposal Act, and the Texas Health and Safety Code Ann. Chapter 361 and the rules of the Texas Natural Resource Conservation Commission. (Adele Noel)

Issue Agreed Order, BM/RM. All Commissioners Agree

CONTESTED (Rules)

Item 35.   Docket No. 96-1987-RUL. Consideration for adoption of amendments to 30 TAC Chapter 335, Subchapter A, Section 335.13, concerning Recordkeeping and Reporting Procedures Applicable to Generators Shipping Hazardous Waste or Class I Waste and Primary Exporters of Hazardous Waste. The adopted rules would streamline the reporting process for registered hazardous waste generators by deleting duplicative reporting requirements. The amendments would delete the requirement for registered generators shipping waste out-of-state to report that information via the Waste Shipment Summary, but the data would continue to be captured on the Annual Waste Summary. The proposal was published in the February 18, 1997, issue of the Texas Register (22 TexReg 1787). (Carol Gensweider) (96160-335-WS).

Issue Adoption of Amendments, BM/RM. All Commissioners Agree

Item 36.   Docket No. 97-0286-RUL. Consideration for publication of proposed amendments to 30 TAC Chapter 334, Subchapter H, Sections 334.309, 334.310, and 334.322, concerning the Reimbursement Program; for the proposed repeal of 30 TAC Chapter 334, Subchapter M, Section 334.560, concerning Reimbursable Cost Guidelines for the Petroleum Storage Tank Reimbursement Program; and for proposed new 30 TAC Chapter 334, Subchapter M, Section 334.560, concerning Reimbursable Cost Guidelines for the Petroleum Storage Tank Reimbursement Program. The proposed amendments, repeal, and new section would update the Reimbursable Cost Guidelines to reflect current market costs for corrective action activities and to make minor amendments to clarify and streamline the rules regarding the reimbursement of corrective action activities in the petroleum storage tank program. (Dan Neal) (Rule Log No. 97101-334-WS).

Approve Publication of Proposed Amendments, BM/RM. All Commissioners Agree

Item 37.   Docket No. 96-1805-RUL. Consideration for repeal of 30 TAC Chapter 336, concerning Radiation Rules; for adoption of a new 30 TAC Chapter 336, concerning Radioactive Substance Rules; and for adoption of amendments to 30 TAC Chapter 39, concerning Public Notice; 30 TAC Chapter 50, concerning Action on Applications; 30 TAC Chapter 281, concerning Applications Processing; and 30 TAC Chapter 305, concerning Consolidated Permits. If approved, these amendments and new language would incorporate, and revise as appropriate, rules previously adopted by reference from the Texas Department of Health (TDH) following the transfer of jurisdiction over source material recovery and processing and disposal of radioactive substances from the TDH to the commission. The amendments and new language would also maintain compatibility of commission rules with the United States Nuclear Regulatory Commission, which is necessary to preserve the status of Texas as an Agreement State. The Chapter 39 proposal was published in January 31, 1997 issue of the Texas Register (22 TexReg 1060), and the proposals for Chapters 50, 281, 305, and 336 were published in multiple volumes of the January 10, 1997 issue of the Texas Register (22 TexReg 590, 593, 600, 606, 148, and 306) (Alice Rogers) (Rule Log No. 95031-336-WS).

Approve Staff Recommendation, RM/BM. All Commissioners Agree

Item 38.   Docket No. 96-1432-RUL. Consideration for adoption of new Section 7.102 (relating to Adoption of Memoranda of Understanding between the Texas State Soil and Water Conservation Board and the Texas Natural Resource Conservation Commission). This new rule will set forth the coordination of jurisdictional authority, program responsibility and procedural mechanisms for non-point source pollution and other water quality related programs. The proposal was published in the November 26, 1996 issue of the Texas Register (21 TexReg 11435). (Darrell Williams) (Rule Project No. 96126-007-WT).

Approve Adoption of Memoranda of Understanding, JB/RM. All Commissioners Agree

CONTESTED (State Implementation Plan)

Item 39.   Docket No. 97-0135-SIP. Consideration for adoption of a revision to the State Implementation Plan (SIP), concerning the Inspection and Maintenance (I/M) Program. The revision deletes the "test-on -resale" element of the I/M SIP. It also adds to the SIP the Memorandum of Understanding (MOU) between the Texas Natural Resource Conservation Commission (commission) and Department of Public Safety (DPS), which was adopted by the commission on November 20, 1996. (John Steib) (Rule Log No. 97119-SIP-AI).

Adopt State Implementation Plan, BM/JB. All Commissioners Agree

Item 40.   Docket No. 97-0080-RUL. Consideration for adoption of a revision to the State Implementation Plan (SIP) regarding sulfur dioxide emissions in Harris County. On July 24, 1996 the commission adopted modified orders for two facilities in Harris County: Simpson-Pasadena and Lyondell/Citgo. The revisions would incorporate these voluntary commission orders into the SIP, thus avoiding a situation where state and federal emissions limitations might conflict. (Lisa Evans) (Rule Log 96181-SIP-AI).

Adopt State Implementation Plan, JB/RM. All Commissioners Agree

EXECUTIVE SESSION

Item 41.   Docket No. 97-0377-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 42.   Docket No. 97-0378-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 43.   Docket No. 97-0379-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.

Accept General Counsels Recommendation to Secure Thompson and Knight as outside counsel to Represent the Commission in the Tejas Litigation, RM/JB. All Commissioners Agree

(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, May 14, 1997

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

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


Item 44.   Docket No. 97-0287-MWD. The Commission will consider whether emergency order issued on April 16, 1997 to Lake LBJ Municipal Utility District, should be affirmed, modified or set aside.

Affirm Order, RM/BM. All Commissioners Agree

Item 45.   Docket No. 97-0243-AIR. Reconsideration of the Executive Director's issuance of renewed air quality permit no. 8329 to TXI Operations, L.P. for its concrete batch plant in Rowlett, Dallas County, Texas and consideration of the requests for hearing submitted by Ms. JoAnn Slack, Mr. Joe Jennings, and Dr. Don Watts and other residents of the Dexham Estates Subdivision, Rowlett, Texas.

Deny Reconsideration, BM/JB. All Commissioners Agree

CONTESTED AGENDA

Wednesday, May 14, 1997

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

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



Item 1.   TNRCC Docket No. 96-1192-UCR; SOAH Docket No. 582-96-1383. Consideration of Administrative Law Judge's Proposal for Decision & Order concerning the application of Mountain Peak Water Supply Corporation for an amendment to Certificate of Convenience and Necessity No. 10908 to provide water service in Johnson County, Texas. Recommendation: Issuance (ALJ): Bill Zukauckas

Adopt Administrative Law Judge's Proposal for Decision and Issue Order, with changes as recommended by Executive Director Staff, RM/JB. All Commissioners Agree

Item 2.   TNRCC Docket No. 96-1468-UCR; SOAH Docket No. 582-96-1690. Application by Yancey Water Supply Corporation for an amendment to certificate of convenience and necessity No. 11463. The Commission will consider a motion for reconsideration concerning the Executive Director’s issuance of final approval of the application. Earlier, the State Office of Administrative Hearings denied several requests for party status and remanded the case to the Executive Director as an uncontested application. Yancey WSC is located in Bandera County.

Continued to May 28, 1997

OLD BUSINESS AGENDA

Wednesday, May 14, 1997

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

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


Item carried forward from Agenda of April 30, 1997.

Item 1.   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)

Issue Agreed Order, BM/RM. All Commissioners Agree

SECOND ADDENDUM TO AGENDA

Wednesday, May 14, 1997

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

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


Item 46.   Docket No. 97-0394-IWD. Consideration of a request by Diamond Shamrock Refining Company, L.P. for an emergency order authorizing the disposal by land application of treated process wastewater, cooling tower blowdown Wastewater boiler blowdown wastewater, remediated groundwater and storm water from a petroleum refinery located at 301 Leroy Street in the City of Three Rivers in Live Oak County, Texas. (Steven Shepherd)

Issue Emergency Order, BM/RM. All Commissioners Agree