| Item 1. | Docket Number 97-0626-RPT. Discussion of an Agency Report on Enforcement Actions from various media including Agriculture, Air, Industrial and Hazardous Waste, Municipal Solid Waste, Occupational Certification, Petroleum Storage Tanks, Public Water Supply, Water Quality, and Multi-Media. (Anne Dobbs) |
| Item 2. | Docket No. 97-0648-IHW. Consideration of an application by BASF CORPORATION, for a Class 3 modification to Permit No. HW-50128 in accordance with 305.69. The permit authorizes the operation of a non-commercial industrial hazardous waste management facility for the storage and treatment of hazardous wastes. The permit modification will authorize the installation of a new combustion chamber/thermal oxidizer onto the existing liquid injection hazardous incinerator IN4702, and modify associated waste management practices. The facility is located at 602 Copper Road, on approximately 401 acres in Freeport, Brazoria County, Texas. (John Clegg) |
| Item 3. | Docket No. 97-0577-AIR. DINGO PARTNERS, LTD. for Standard Exemption Registration No. 35281 to operate a Concrete Batch Plant in Hutto, Williamson County, Texas. The proposed site location is one mile south of State Highway 79 on FM 685. The Commission will consider the application and the hearing requests that have been filed on the application. (Kerri Rowland/Earl Jones) |
| Item 4. | Docket No. 97-0277-DIS. CONSIDERATION OF A PROPOSED ORDER APPROVING AN APPLICATION BY VARNER CREEK UTILITY DISTRICT OF BRAZORIA COUNTY FOR LEVY OF A STANDBY FEE. For Commission consideration. Applicant requests Commission approval to levy a standby fee of $5/month to supplement the operations and maintenance account. (TNRCC Internal Control No. 102497-D01, Robert Cummins) |
| Item 5. | Docket No. 97-0321-DIS. CONSIDERATION OF A PROPOSED ORDER APPROVING AN APPLICATION BY BASTROP COUNTY WATER CONTROL AND IMPROVEMENT DISTRICT NO. 3 FOR APPROVAL TO LEVY A STANDBY FEE. For Commission consideration. Applicant requests Commission approval of a $180 per lot per year standby fee to supplement its operation and maintenance account. (Internal Control No. 040797-D02, Robert Cummins) |
| Item 6. | Docket No. 97-0324-DIS. CONSIDERATION OF A PROPOSED ORDER GRANTING THE REQUEST BY SIENNA PLANTATION FRESH WATER SUPPLY DISTRICT FOR CONVERSION TO A MUNICIPAL UTILITY DISTRICT AND A NAME CHANGE TO SIENNA PLANTATION MUNICIPAL UTILITY DISTRICT NO. 1. For Commission consideration. The Commission has received a request from Sienna Plantation Fresh Water Supply District for conversion to a municipal utility district operating under chapter 54 of the Water Code and change of name to Sienna Plantation Municipal Utility District No. 1, which would serve as Master Utility District for the Sienna Plantation development. (TNRCC Internal Control No. 012797-D01, Robert Cummins.) |
| Item 7. | Docket No. 97-0352-DIS. CONSIDERATION OF A PROPOSED ORDER APPROVING AN APPLICATION BY TRAVIS COUNTY WATER CONTROL AND IMPROVEMENT DISTRICT NO. 17 FOR APPROVAL TO LEVY AN IMPACT FEE FOR APACHE SHORES. For Commission consideration. Applicant requests Commission approval of a $2,700 per ESFC uniform water system impact fee for the out-of-District area of Apache Shores. (Internal Control No. 041197-D03, Robert Cummins.) |
| Item 8. | Docket No. 97-0618-UCR. Consideration of the application of Travis County Water Control and Improvement District No. 17 to Acquire Facilities and Transfer Water CCN No. 10309 from Apache Shores Utility Corporation; Amend Water CCN No. 12010; and Cancel Water CCN No. 10309 in Travis County, Texas. (Application No. 31541-S, Vera Poe) |
| Item 9. | Docket No. 96-1683-AIR-E. Consideration of an Agreed Order requiring certain actions of Regional Concrete Company in Anderson County; Account No. AA-0094-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. (Suzanne Walrath). |
| Item 10. | Docket No. 97-0172-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Phillips 66 Company in Brazoria County, Account No. BL-0041-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. (Gloria Stanford) |
| Item 11. | Docket No. 97-0017-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Petrolite Corporation in Harris County; Account No. HG-0564-L; 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. (Randy Norwood). |
| Item 12. | Docket No. 96-1976-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Tesla Power and Automation, Incorporated in Harris County; Account No. HX-0914-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) |
| Item 13. | Docket No. 96-1339-AIR-E. Consideration of an Agreed Order requiring certain actions of Falcon Gunite in Travis County; Account No. TH-0616-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. (Tel Croston) |
| Item 14. | Docket No. 97-0138-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Big Ken's Auto Sales in Dallas County; Account No. DB-3785-D; 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) |
| Item 15. | Docket No. 96-1035-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Mr. Omar S. Elhamad in Tarrant County; PST Enforcement Identification No. E11360; for petroleum storage tank violations pursuant to the Texas Water Code, Section 26.136, Texas Health and Safety Code, Chapter 382, and the rules of the Texas Natural Resource Conservation Commission. (Srini Kusumanchi) |
| Item 16. | Docket No. 96-1618-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Reza Trading Enterprise, Inc. in Denton County; PST Enforcement Identification No. E11694; for petroleum storage tank violations pursuant to the Texas Water Code, Section 26.136, Texas Health and Safety Code, Chapter 382, and the rules of the Texas Natural Resource Conservation Commission. (Srini Kusumanchi). |
| Item 17. | Docket No. 96-1492-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of K-Seven Corporation in Collin County; PST Enforcement Identification No. E11676; for petroleum storage tank violations pursuant to the Texas Health and Safety Code, Chapter 382, and the rules of the Texas Natural Resource Conservation Commission. (Adele Noel) |
| Item 18. | Docket No. 96-1621-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Lucky Lady Oil Co. and Mr. Shaw Jiwane in Tarrant County; PST Enforcement Identification No. E11697; for petroleum storage tank violations pursuant to the Texas Water Code, Section 26.136, Texas Health and Safety Code, Chapter 382, and the rules of the Texas Natural Resource Conservation Commission. (Sushil Modak) |
| Item 19. | Docket No. 97-0091-IHW-E. Consideration of an Agreed Order requiring certain actions of Motor Works in Dallas County; TNRCC ID No. FOO48; for industrial & hazardous waste violations pursuant to the Texas Health & Safety Code and the rules of the Texas Natural Resource Conservation Commission. (Sue Rogers) |
| Item 20. | Docket No. 97-0132-IWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Knox Oil Company of Texas in Ellis County, Permit No. 03644; for water quality violations pursuant to the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Brian Lehmkuhle) |
| Item 21. | Docket No. 96-1949-PWS-E. Consideration of an Agreed Order requiring certain actions of Jim and John White dba White's Landing in Wood County; PWS No. 2500051; 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) |
| Item 22. | Docket No. 96-1247-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of La Joya Water Supply Corporation in Hidalgo County; PWS No. 1080022; CCN No. 10559; for water quality violations pursuant to Chapter 341 of the Texas Health and Safety Code and the rules of the Texas Natural Resource Conservation Commission. (Mary Risner) |
| Item 23. | Docket No. 96-1852-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Afton Park Civic Association dba Afton Park Water System in Montgomery County; PWS No. 1700147; for public drinking water violations pursuant to the Texas Health & Safety Code Chapter 341 and the rules of the Texas Natural Resource Conservation Commission. (Mary R. Risner) |
| Item 24. | Docket No. 96-1711-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Tom Fletcher, dba Countryside Mobile Home Park in Brazoria County; PWS No. 0200134; for public drinking water violations pursuant to Chapter 341 of the Texas Health and Safety Code and the rules of the Texas Natural Resource Conservation Commission. (Mary Risner) |
| Item 25. | Docket No. 96-0537-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of WBW Investments, Inc. dba Vista Montana Court in El Paso County; PWS No. 0710086; for public drinking water violations pursuant to Chapter 341 of the Texas Health and Safety Code, Chapter 13 of the Texas Water Code, and the rules of the Texas Natural Resource Conservation Commission. (Mary Risner) |
| Item 26. | Docket No. 96-0885-PWS-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Thalia Water Supply Corporation in Foard County; PWS No. 0780013;for public drinking water violations pursuant to Chapter 341 of the Texas Health and Safety Code and the rules of the Texas Natural |
| Item 27. | Docket No. 97-0099-WWD-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Sammy Fountain in Zavala County; unlicensed operator, for licensing and certification violations pursuant to Chapter 32 of the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Hodgson Eckel) |
| Item 28. | Docket No. 96-0755-MLM-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Barry Beard in Harris County; WWD License No. 2640-W; OSSF Certificate of Registration No. 4691; for water well driller and on-site sewage facility installer violation pursuant to Chapter 366 of the Texas Health and Safety Code, Chapters 32 and 33 of the Water Code, and the rules of the Texas Natural Resource Conservation Commission. (Cecily Small) |
| Item 29. | Docket No. 96-1331-AGR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Ronald West and R. West Dairy, Inc. in Johnson County; Permit No. 03566; for confined animal feeding operation water quality violations pursuant to Chapter 26 of the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Raymond Winter) |
| Item 30. | Docket No. 96-1929-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Mathis in San Patricio County; Permit No. 10015-001; for water quality violations pursuant to Chapter 26 of the Texas Water Code, TNRCC Permit No. 10015-001, and the rules of the Texas Natural Resource Conservation Commission. (Tracy Harrison) |
| Item 31. | Docket No. 96-1971-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Matagorda County Midfield Community Wastewater Treatment Facilities in Matagorda County, Permit No. 13091-001; for water quality violations pursuant to the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Brian Lehmkuhle) |
| Item 32. | Docket No. 97-0642-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 and to increase the period of performance to include September 1, 1997 through August 31, 1998. The requested increase is required for continuing development of software for Agency critical programs. (Sam Suarez) |
| Item 33. | Docket No. 97-0624-RUL. Consideration of a petition for rulemaking, filed by the Coastal Corporation (Coastal), to adopt amendments to 30 TAC Chapter 115, Section 115.211(a)(1), concerning Emission Specifications. Coastal proposes to relax the emission standard for vapor control devices at gasoline terminals located in the ozone nonattainment counties. Staff recommends denial of this petition. (Beecher Cameron) (Rule Log No. 97160-115-AI). |
| Item 34. | Docket No. 97-0649-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 35. | Docket No. 97-0650-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. |
| Item 36. | Docket No. 97-0561-EXE. The Commission will meet in closed session to receive legal advice concerning the following pending litigation: Thomas P. McDill, Jr. v. Texas Natural Resource Conservation Commission (formerly the Texas Water Commission), Cause No. 93-07567 in the 345th District Court, Travis County, Texas. The authority for the closed session is section 551.071 of the Open Meetings Act, Chapter 551 of the Texas Government Code. The Commission may also meet in open session to take action on this matter as required by section 551.102 of the Open Meetings Act, Chapter 551 of the Texas Government Code. |
| Item 37. | Docket No. 97-0642-CON. Consideration of a request to agree to an assignment of all rights and duties under the Composer I-CASE (Integrated - Computer Aided Software Engineering) Facilitation Services contract, contract number 7200000032, from the current contractor, Texas Instruments, Inc. to Sterling Software, Inc. In addition, consideration of a request to increase the total amount of the Composer I-CASE Facilitation Services contract by the full amount authorized for the projects in the agency’s fiscal year 1998 legislative appropriations request and to increase the period of performance from September 1, 1997 through August 31, 1998. The assignment, increase in total amount of the contract, and increased period of performance are required for continuing development of software for critical agency programs. |
| Item 38. | Docket No. 97-0652-CON. Consideration of a request to agree to an assignment of all rights and duties under contract number 6200000078, the Enterprise Integrated Computer Aided Software Engineering (I-CASE) contract, from the current contractor, Texas Instruments, Inc. to Sterling Software, Inc. The assignment is necessary for the continued development of software for critical agency programs. |
| Item 39. | Docket No. 97-0030-AGR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Randy Viss, Grand Canyon Dairy in Erath County; Permit No. 02950; for water quality violations pursuant to Chapter 26 of the Texas Water Code of the rules of the Texas Natural Resource Conservation Commission. (Raymond Winter) |
| Item 1. | Docket No. 97-0468-SPF. Consideration of an Administrative Order to conduct remedial design and remedial action activities at the Maintech International State Superfund site in Port Arthur, Jefferson County, Texas. (Caroline Sweeney) |
| Item 2. | Docket No. 96-1177-AIR-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Unique Cars Paint & Body Works, Inc. in Dallas County; Account No. DB-3762-P; 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. (Barbara Lazard) |
| Item 1. | Docket No. 97-0526-WEA. Application by Weather Modification Incorporated for weather modification permit No. 97-4 (Application No. E725824). The Executive Director’s final approval of the application was mailed on June 6, 1997. The Commission will consider two motions for reconsideration filed concerning the Executive Director’s approval. The permit authorizes weather modification for the target area, including the following counties: Armstrong, Bailey, Castro, Cochran, Crosby, Deaf Smith, Floyd, Hale, Hockley, Lamb, Lubbock, Lynn, Parmer, Potter, and Randall. The authorized operational area includes the target area plus portions of the following counties: Borden, Briscoe, Dawson, Dickens, Garza, Motley, Oldham, Swisher, Terry, and Yoakum. |
| Item 2. | TNRCC Docket No. 96-0604-IWD; SOAH Docket No. 582-96-1338. Consideration of the ALJ's Proposal for Decision and Order concerning the application of E.I. DuPont de Nemours and Company for an amendment to industrial waste discharge Permit No. 00476 to authorize an increase in the discharge volume for Final Outfall 001 to 21.8 MGD daily average flow, dry weather, of combined industrial cooling water, utility wastewaters, water treatment regenerant streams, internally monitored treated process wastewater, domestic wastewater, treated groundwater and stormwater in Victoria County, Texas. The Applicant also seeks to change the pH sampling on some existing internal outfalls and to add internal outfalls to monitor the discharge from a biotreatment plant, southeast landfill leachate treatment unit, and a constructed wetlands area. All requirements remain the same or more stringent for existing Final Outfalls 002 through 006. The discharge from Final Outfall 001 is into the Guadalupe River below San Marcos River Segment No. 1803 of the Guadalupe River Basin; and from Outfalls Final Outfalls 002 through 006 to the Victoria Barge Canal in Segment No. 1701 of the Lavaca-Guadalupe Coastal Basin. Recommendation: Issuance of permit (Cynthia G. Hayes, ALJ) |