AGENDA

Wednesday, August 19, 1998

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

8:30 a.m.

Room 201S, Bldg E.

12100 Park 35 Circle

Item 1. Docket No. 98-0920-EXE. The Commission will meet in closed session to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of the Commission's Executive Director, as permitted by Section 551.074 of the Texas Open Meetings Act, Chapter 551 of the Government Code. The Commission may also meet in open session to take action on this matter as required by Section 551.102 of the Texas Open Meetings Act, Chapter 551 of the Government Code.
No Action Taken
Item 2. Docket No. 98-0921-EXE. The Commission will meet in closed session to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of the Commission's Deputy Director for Administrative Services as permitted by Section 551.074 of the Texas Open Meetings Act, Chapter 551 of the Government Code. The Commission may also meet in open session to take action on the matter as required by Section 551.102 of the Texas Open Meetings Act, Chapter 551 of the Government Code.
No Action Taken
Item 3. Docket No. 98-0922-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.


OLD BUSINESS AGENDA

Wednesday, August 19, 1998

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.

Room 201S, Bldg E.

12100 Park 35 Circle

Item carried forward from July 15, 1998.

Item 1. Docket No. 98-0578-RUL. Consideration for publication of proposed amendment to 30 TAC Chapter 303, Subchapter D, Section 303.32, concerning Enforcement Actions, new Section 303.35, concerning Field Citation by Watermaster; amendments to 30 TAC Chapter 304, Section 304.33, concerning Enforcement Actions, and new Section 304.34, concerning Field Citation by Watermaster. If approved, the proposed amended sections and new sections would address field citation authority provisions of Senate Bill 1, 75th Legislature, regarding the watermaster programs. (John Sadlier) (Rule Log No. 97147-304-WT)
Approve Publication, RM/JB. All Commissioners Agree
Item carried forward from July 15, 1998 and July 29, 1998.
Item 2. Docket No. 98-0730-RUL. Consideration for publication of proposed amendments to 30 TAC Chapter 330, Subchapter P, Section 330.602, concerning Fees, and Section 330.603, concerning Reports. The amendments would clarify the method of reporting waste received for disposal or processing at a landfill or processing facility as a basis for accurately calculating the amount of waste disposal fees owed. The proposal would also delete Section 330.602(a)(8) pertaining to an expired provisions relating to a reduction in solid waste disposal fees for landfills that beneficially use tire shreds. (Hector Mendieta) (Rule Log No. 97185-330-WS).
See Item #38
Item carried forward from Agenda of July 29, 1998.
Item 3. Docket No. 98-0845-CON. Consideration of approval of a contract between the Texas Natural Resource Conservation Commission and the State Office of Administrative Hearing (SOAH), to provide payment to SOAH for services to be rendered during the Fiscal Year beginning 09/01/98 and ending 08/31/99. The Commission may delegate approval authority.
Authorize General Counsel to enter into contract with SOAH JB/RM. All Commissioners Agree
Item carried forward from Agenda of July 29, 1998.
Item 4. Docket No. 98-0414-IHW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Sandhills Industries, Inc. in Ector County; TNRCC ID No. 33222 and Account No. 0307510F; for industrial and hazardous 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. (John Peeler)
Remand to Executive Director, RM/BM. All Commissioners Agree


MCBEE
MARQUEZ
BAKER

CONTESTED AGENDA

Wednesday, August 19, 1998

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 A.M.

Bldg E. Room 201S

12100 Park 35 Circle

Hearing Request
Item 1. Docket No. 98-0679-MWD. Request by CITY OF LA COSTE for a renewal of Permit No. 10889-001 to authorize a discharge of treated domestic wastewater effluent at a volume not to exceed a daily average flow of 0.20 million gallons per day. The plant site is located at the easterly city limits of the City of La Coste, approximately 0.5 mile east-southeast of the intersection of Farm-to-Market Road 471 and Farm-to-Market Road 2790, 0.30 mile due south of the Southern Pacific Railroad in Medina County, Texas. The Commission will consider the application and the hearing requests that have been filed on the application. (Louis Herrin/Margaret Hoffman)
Deny Request for Hearing and Issue Issue Permit, RM. Motion Withdrawn. Continued to Sept 10, 1998, BM/RM. All Agree
Item 2. Docket No. 98-0776-MWD. Request by CITY OF RHOME for a renewal of Permit No. 10701-001 to authorize a discharge of treated domestic wastewater effluent at volume not to exceed a daily average flow of 0.08 million gallons per day. The plant site is located on Quail Ridge Drive approximately 750 feet west and 1600 feet north of the intersection of the west bound lanes of State Highway 114 and the Burlington Northern Railroad in Wise County, Texas. The Commission will consider the application and the hearing requests that have been filed on the application. (Louis Herrin/ Margaret Hoffman)
Grant Hearing Request, remand to Alternative Dispute Resolution for 4 to 6 weeks, if mediation fails forward to State Office Administrative Hearings, RM/BM. All Agree
Item 3. Docket No. 97-0930-MWD. Request by WILSON ROAD PROPERTIES, LTD. for a new permit, proposed Permit No. 13870-001, to authorize a discharge of treated domestic wastewater effluent at a volume not to exceed an average flow of 0.099 million gallons per day. The applicant 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 a mobile home park. The plant site is located approximately 3,000 feet west by southwest from the intersection of Wilson Road and Atascocita Road; thence 2,500 feet south in the plant property between Garners Bayou and Atascocita Road and approximately 8,000 feet south of Lakeland School in Humble, Harris County, Texas. The Commission will consider the application and the hearing requests that have been filed on the application. (Louis Herrin/Margaret Hoffman)
Deny Hearing, Issue Permit, RM/JB. All Commissioners Agree
Item 4. Docket No. 98-0777-MWD. Request by Yaupon Services, Inc., for a new permit (proposed Permit No. 13878-001) to authorize the treatment and disposal of treated domestic wastewater at a daily average flow not to exceed 50,000 gallon per day (gpd) in the interim phase and 100,000 gpd in the final phase. Disposal will be via transfer through a pipe to an off-channel storage pond, with an approximate surface area of 9.0 acres and a minimum volume of 138 acre-feet, permitted under Hurst Creek Municipal Utility District, Permit No. 12215-001. Final disposal of the co-mingled treated domestic wastewaters is by evaporation and irrigation of 181 acres of Golf Course in the Hills of Lakeway community permitted under TNRCC Permit No. 12215-001. The applicant is also requesting a variance to the buffer zone requirements in accordance with 30 TAC Section 309.13(e)(1)(B). The applicant will obtain deed recorded restrictive easements prior to the construction of the wastewater treatment facilities, prohibiting the construction of residential structures within the area of the buffer zone not owned by the applicant. The Yaupon Wastewater Treatment Plant will serve the adjacent proposed Lynn Acres subdivision, the 16-acre Wall property, and Lohmans Crossing Shopping Center. The wastewater treatment facilities and disposal site are located approximately 600 feet west of the intersection of Ranch-to-Market Road 620 and Lohmans Crossing Road and approximately 1400 feet south of the crossing of Lohmans Crossing Road with Yaupon Creek in Travis County, Texas. The Commission will consider the application and the hearing requests that have been filed on the application. (Louis Herrin/Margaret Hoffman)
Deny Hearing and Issue Permit, JB/RM. All Commissioners Agree
Item 5. Docket No. 98-0888-WEA. SOUTH TEXAS WEATHER MODIFICATION ASSOCIATION for a Texas weather modification permit. The application requests authorization to conduct cloud-seeding operations within a target area that includes the following counties: Frio, Atascosa, Wilson, Karnes, McMullen, Live Oak, and Bee. The operational area of the draft permit includes portions of the following counties within ten miles of the outer boundary of the target area: Goliad, Refugio, San Patricio, Jim Wells, Duval, Webb, LaSalle, Dimmit, Zavala, Uvalde and Medina. If granted, the permit will authorize weather modification activity for the four-year period from 1998 to 2001. The Commission will consider the application and the hearing requests that have been filed on the application. (Margaret Hoffman/George Bomar)
Approve Permit, RM/JB. McBee Abstains
Item 6. Docket No. 98-0829-AIR. LYONDELL-CITGO REFINING COMPANY for amendment of Air Quality Permit Nos. 3274 and 23548 to authorize modification of the Reformer Feed Tanks Facility. The existing facility is located at 12000 Lawndale Street, Houston, Harris County, Texas. The Commission will consider the application and hearing requests that have been filed on the application. (Laura Rowan/Rich Carpenter)
Deny Hearing Request and Issue amendment, JB/BM. All Commissioners Agree
Item 7. Docket No. 98-0857-MSW. THE CITY OF GARLAND for a permit amendment (Proposed Permit Amendment No. MSW1895-A) which will authorize horizontal and vertical expansion to an existing Type I municipal solid waste management facility. The amendment will increase the acreage from the currently permitted 373.5 acres to 476 acres and will increase the maximum fill height of the completed landfill from the currently permitted height of approximately 530 feet mean sea level to 600 feet mean sea level. The application, originally submitted in March of 1997 proposed expansion to approximately 482 acres. The six acres were eliminated during technical review because this area was not necessary for the design and operation of the facility. The site will receive an estimated 2,178 cubic yards per day. The total disposal capacity of the landfill is approximately 34,400,000 in-place cubic yards. The permittee is authorized to dispose of municipal solid waste resulting from or incidental to municipal, community, commercial, institutional, and recreational activities; municipal solid waste resulting from construction or demolition projects, Class 2 industrial solid waste, Class 3 industrial solid waste, and special wastes that are properly identified. The site is authorized to operate from 7:00 a.m. to 6:00 p.m., Monday through Saturday. The waste management facility is located approximately 400 feet northwest of the intersection of Princeton and Yeager Roads in the City of Garland, Dallas County, Texas. The Commission will consider the application and the hearing requests that have been filed on the application.
Applicant requested direct referral to SOAH
Designation of Single Properties
Item 8. Docket No. 98-0897-AIR. Consideration of a Petition and Proposed Order regarding Designation of Single Property, pursuant to 30 TAC Section 101.2(b), concerning Multiple Air Contaminant Sources or Properties, submitted by EXXON CORPORATION d/b/a EXXON CHEMICAL COMPANY AND AIR PRODUCTS, INCORPORATED in Harris County, Texas. If granted, the petitioners will have their properties designated a single property for the purpose of demonstrating compliance with TNRCC regulations and the control of air emissions. (Scott Humphrey, Victoria Hsu)
Issue Order regarding Designation of Single Property, RM/BM. All Commissioners Agree
Item 9. Docket No. 98-0914-AIR. Consideration of a Petition and Proposed Order regarding Designation of Single Property, pursuant to 30 TAC Section 101.2(b), concerning Multiple Air Contaminant Sources or Properties, submitted by Delta Chemical Services, Inc. and Lubrizol Corporation, in Harris County, Texas. If granted the petitioners will have their properties designated as a single property for the purpose of demonstrating compliance with TNRCC regulations and the control of air emissions. (Chris Kadas, Victoria Hsu)
Issue Order regarding Designation of Single Property, JB/RM. All Commissioners Agree
Report
Item 10. Docket No. 98-0895-RPT. Consideration to approve the following reports: 1) the 1995 and 1996 Updates to the State of Texas Water Quality Management Plan (2 reports) 2) South East Texas Regional Planning Commission's "Water Quality Management Plan Summary Report" (June 1997) 3) Houston-Galveston Area Council's "Gulf Coast Region Water Quality Management Planning Document" (August 1996, November 1997)(2 reports) 4) Coastal Bend Council of Governments' "Water Quality Management Planning for the Corpus Christi Designated and Lower Nueces Basin Planning Area" (December 1996) 5) Lower Rio Grande Valley Development Council's "Waste Water Flow Estimates and Populations for the Lower Rio Grande River Region, Below Falcon Dam (August 31, 1997) and the "Water Quality Management Plan Update (August 1996) 6) Ark-Tex Council of Governments'"Population and Wastewater Flow Projections (August 1996) 7) North Central Texas Council of Governments' "Environmental Strategies for the Metroplex" (1991, 1992, 1993, 1994) (4 reports) as adopted updates to the State of Texas Water Quality Management Plan (WQMP) and certify them to the Environmental Protection Agency to satisfy federal water quality management planning requirements. (L. Brookins)
Approve Reports as Recommended, BM/JB. All Commissioners Agree
Air Enforcement Agreed Orders
Item 11. Docket No. 97-0827-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Mobil Oil Corporation in Jefferson County; Account No. JE-0067-I; for air 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. (Lawrence King)
Issue Agreed Order, JB/RM. All Commissioners Agree
Item 12. Docket No. 98-0242-AIR-E. Consideration of an Agreed Order assessing administrative penalties of Oliver Sales Company in Dallas County; Account No. DB-4692-E; for air quality violations pursuant to the Texas Water Code, the Texas Health and Safety Code, and the rules of the Texas Natural Resource Conservation Commission. (Lawrence King)
Issue Agreed Order, JB/RM. All Commissioners Agree
Item 13. Docket No. 97-0304-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Carotex, Inc. in Jefferson County; TRNCC ID No. JE-0079-B; for air 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. (Cecily Small Gooch)
Issue Agreed Order, JB/RM. All Commissioners Agree
Item 14. Docket No. 97-0481-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Lifetime Doors, Inc. in Robertson County; TNRCC ID No.RI-0010-S; for air 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. (Cecily Small Gooch)
Issue Agreed Order, JB/RM. McBee Voted No
Item 15. Docket No. 98-0160-AIR-E. Consideration of an Agreed Order assessing administrative penalties of Artrox, Incorporated dba Country Boy Store #1 in El Paso County; Account No. EE-0967-M; for air quality violations pursuant to the Texas Water Code, 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 16. Docket No. 97-1033-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Valero Refining Company in Nueces County; Account No. NE-0112-G; 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 17. Docket No. 98-0119-AIR-E. Consideration of an Agreed Order assessing administrative penalties of Formosa Plastics Corporation,Texas in Calhoun County; Account No. CB-0038-Q; for air quality violations pursuant to the Texas Water Code, the Texas Health and Safety Code, and the rules of the Texas Natural Resource Conservation Commission. (Carl Schnitz)
Remand to Executive Director
Item 18. Docket No. 97-0600-AIR-E. Consideration of an Agreed Order assessing administrative penalties of TDI-Halter, Incorporated in Jefferson and Orange Counties; Account Nos. JE-0444-A, JE-0500-P, OC-0031-M, and JE-0177-S; 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. (Lawrence King)
Issue Agreed Order, JB/RM. All Commissioners Agree
Air Enforcement Default Orders
Item 19. Docket No. 97-0798-AIR-E. Consideration of a Default Order assessing administrative penalties against Francisco Ramirez dba Flamingo Motors in El Paso County; TNRCC ID No. EE1827W; for air 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)
Remand to Executive Director and consider as item #43.
Item 20. Docket No. 98-0239-AIR-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Scott Evans dba Auto Sales Connection in Dallas County; TNRCC ID No. DB-4586-E; for air 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 Default Order, RM/JB. All Commissioners Agree
Petroleum Storage Tank Agreed Orders
Item 21. Docket No. 98-0433-PST-E. Consideration of an Agreed Order requiring certain actions of Grissom Bros. Oil Co. in Andrews County; TNRCC ID No. 43281; Facility ID No. 0020115U; for petroleum storage tank violations pursuant to Chapter 26 of the Texas Water Code, and the rules of the Texas Natural Resource Conservation Commission. (Ali Abazari)
Issue Agreed Order, JB/RM. All Commissioners Agree
Item 22. Docket No. 97-0519-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Mutawe and Albanna Enterprises, Inc., and Bercasey III, L.P. in Dallas County; TNRCC ID No. 62795; for petroleum storage tank violations pursuant to Chapter 26 of the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Ali Abazari)
Issue Agreed Order, JB/RM. All Commissioners Agree
Item 23. Docket No. 97-0898-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Z.A. Niehay and Theresa Niehay in Tarrant County;TNRCC ID No. 2380;for petroleum storage tank violations pursuant to Chapter 26 of the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Ali Abazari)
Issue Agreed Order, JB/RM. All Commissioners Agree
Petroleum Storage Tank Default Orders
Item 24. Docket No. 97-0503-PST-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Malik Dhanani in Tarrant County; TNRCC ID No. 64497; for petroleum storage tank violations pursuant to Chapter 26 of the Texas Water code, Chapter 382 of the Texas Health & Safety Code, and the rules of the Texas Natural Resource Conservation Commission. (Robin Houston)
Issue Default Order, BM/RM. All Commissioners Agree
Item 25. Docket No. 97-1186-PST-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Peter Nguyen in Tarrant County; TNRCC ID No. 48742; for petroleum storage tank violations pursuant to Chapter 26 of the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Robin Houston)
Issue Default Order, BM/RM. All Commissioners Agree
Petroleum Storage Tank Shut Down Order
Item 26. Docket No. 98-0672-PST-E. Consideration of a Shut Down Order requiring certain action of Jack Morton, Owner, and Howard Lewis, operator, in Panola County; TNRCC ID NO. 06823; for petroleum storage tank violations pursuant to Chapter 26 of the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Kathy Keils)
Remand to Executive Director
Municipal Solid Waste Enforcement Agreed Orders
Item 27. Docket No. 97-0339-MSW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Frank Prasifka & Sons, Inc. and Hutchins Tire Disposal, Inc. in Dallas County; TNRCC ID No. 30798; 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. (Tracy Harrison)
Issue Agreed Order, RM/JB. All Commissioners Agree
Item 28. Docket No. 97-0806-MSW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Newton County in Newton County; TNRCC ID No. 325; for municipal solid waste violations pursuant to Chapter 361 of the Texas Health & Safety Code and the Rules of the Texas Natural Resource Conservation Commission. (Tracy Harrison)
Issue Agreed Order, RM/JB. All Commissioners Agree
Public Water Supply Enforcement Agreed Orders
Item 29. Docket No. 96-1959-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of International Family Missions (Formerly Georgia Baca dba House of Cornelius) in El Paso County; TNRCC ID No. 07210161; for public drinking water violations pursuant to Chapter 341 of the Texas Health & Safety Code and the rules of the Texas Natural Resource Conservation Commission. (Bill Jang)
Issue Agreed Order, RM/BM. All Commissioners Agree
Item 30. Docket No. 97-0564-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Water Valley Water Co-Op in Travis County; TNRCC ID No. 2270030; for public drinking water violations pursuant to Chapter 341 of the Texas Health & Safety Code and the rules of the Texas Natural Resource Conservation Commission. (Bill Jang)
Issue Agreed Order, RM/BM. All Commissioners Agree
Item 31. Docket No. 96-1614-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Richard Keenan dba K&B Waterworks in Galveston County;TNRCC ID No. 0840187;for public drinking water violations pursuant to Chapter 341 of the Texas Health & Safety Code and the rules of the Texas Natural Resource Conservation Commission. (Bill Jang)
Issue Agreed Order, RM/BM. All Commissioners Agree
Public Water Supply Default Orders
Item 32. Docket No. 97-0566-PWS-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Jim Schumacher dba Woodhaven Mobile Home Park in Kerr County; TNRCC ID No. 1330024; for public drinking water violations pursuant to Chapter 341 of the Texas Health & Safety Code and the rules of the Texas Natural Resource Conservation Commission. (John Peeler)
Issue Default Order, RM/JB. All Commissioners Agree
Item 33. Docket No. 97-0680-PWS-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Water Association of North Lake, Inc. in Denton County; TNRCC ID No. 0610171; for public drinking water violations pursuant to Chapter 341 of the Texas Health & Safety Code and the rules of the Texas Natural Resource Conservation Commission. (John Peeler)
Issue Default Order, RM/JB. All Commissioners Agree
Agricultural Enforcement Agreed Orders
Item 34. Docket No. 97-0961-AGR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Johannes Herman de Goede dba Johannes Herman de Goede Dairy in Wood County; for dairy operation water quality violations pursuant to Chapter 26 of the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Cecily Small Gooch)
Issue Agreed Order, RM/JB. All Commissioners Agree
Item 35. Docket No. 97-1050-AGR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Peter DeRidder dba Chalk Mountain Dairy in Erath County; TNRCC ID No. 03290; for dairy operation water quality violations pursuant to Chapter 26 of the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Cecily Small Gooch)
Issue Agreed Order, RM/JB. All Commissioners Agree
Rules
Item 36. Docket No. 98-0108-RUL. Consideration for adoption of amendments to 30 TAC Chapter 106, Subchapter V, Section 106.491, concerning Dual Chamber Incinerators. If adopted, the amendments would require a higher temperature in the secondary combustion chamber and a minimum residence time for gases in the chamber, reduce the authorized hourly burn rate, require a minimum stack height, and require registration of the facility. The proposal was published in the March 20, 1998, issue of the Texas Register (23 TexReg 2950) (Beecher Cameron) (Rule Log No. 97165-106-AI).
Approve Amendments, JB/RM. All Commissioners Agree
Item 37. Docket No. 98-0359-RUL. Consideration for publication of, and hearing upon, proposed amendments to 30 TAC Chapter 122, Subchapter B, Section 122.130, concerning Initial Application Due Dates and Section 122.134, concerning Complete Application, 30 TAC Chapter 122, Subchapter C, Section 122.201, concerning Initial Permit Issuance, and 30 TAC Chapter 122, Subchapter F, Section 122.501, concerning General Operating Permits, Section 122.503, concerning Application Revisions for Changes at a Site, Section 122.504, concerning Application Revisions When a General Operating Permit is Revised or Repealed, Section 122.506, concerning Public Notice for General Operating Permits, Section 122.508, concerning Notice and Comment Hearings for General Operating Permits, and new Section 122.509, concerning Public Announcement for General Operating Permits, and Section 122.510, concerning General Operating Permits Adopted by the Commission. If adopted, the amendments and new sections would authorize the executive director to issue and revise general operating permits without further rule amendments. (Beecher Cameron) (Rule Log No. 98011-122-AI).
Approve Publication and Hearing, RM/JB. All Commissioners Agree
Item 38. Docket No. 98-0730-RUL. Consideration for publication of proposed amendments to 30 TAC Chapter 330, Subchapter P, Section 330.601, concerning Purpose and Applicability; Section 330.602, concerning Fees; and Section 330.603, concerning Reports. The amendments would clarify the method of reporting waste received for disposal or processing at a landfill or processing facility as a basis for accurately calculating the amount of waste disposal fees owed. The purpose of the amendments is also to delete Section 330.602(a)(8), which references Section 330.804. Section 330.804, which related to a reduction in solid waste disposal fees for landfills that beneficially use tire shreds, expired on December 31, 1996. (Hector Mendieta) (Rule Log No. 97185-330-WS).
Approve Publication and Hearing, BM/RM. All Commissioners Agree
Item 39. Docket No. 97-0042-RUL. Consideration for adoption of amendment to 30 TAC Chapter 321, Subchapter B, concerning the discharge of waste into or adjacent to waters in the state and air emissions by concentrated animal feeding operations. The rules concern the authorization of such discharges by individual permit or by permit by rule and the authorization of air emissions by an air standard permit. The amendments to the rule were proposed, in part, in response to the ruling in Accord Agriculture, Inc. v. The Texas Natural Resource Conservation Commission, the 353 Judicial District Court, Travis County, Texas; Cause No. 96-00159. The proposal was published in the March 6, 1998 issue of the Texas Register (23 TexReg 2230). (Margaret Hoffman) (Rule Log No. 97152-321-WT).
Approve Adoption, JB/RM. All Commissioners Agree
EXECUTIVE SESSION
Item 40. Docket No. 98-0923-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 41. Docket No. 98-0924-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
(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, August 19, 1998

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.

Room 201S, Bldg E.

12100 Park 35 Circle

Item 42. Docket No. 98-0848-RUL. Consideration for publication in the Texas Register and the holding of a public hearing on proposed changes to 30 TAC 285, concerning the implementation of House Bill 3059 (1997) regarding the definition of on-site sewage facilities and local governmental agency and permitting and maintenance requirements for aerobic treatment systems. In addition, the proposed changes include updating of testing criteria for proprietary aerobic treatment systems. (Warren Samuelson) (Rule Log No. 97150-285-WT)
Approve Publication with changes, RM/JB. All Commissioners Agree


SECOND ADDENDUM TO AGENDA

Wednesday, August 19, 1998

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.

Room 201S, Bldg E.

12100 Park 35 Circle

Item 43. Docket No. 97-0798-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Francisco Ramirez dba Flamingo Motors in El Paso County; TNRCC ID No. EE1827W; for air 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, RM/JB. All Commissioners Agree
Item 44. Docket No. 98-0951-BGT. Consideration of issues related to the agency's Strategic Plan, Legislative Appropriation Request, operating budget, and performance partnership grants.
Approve budget as recommended, BM/RM. All Commissioners Agree


THIRD ADDENDUM TO AGENDA

Wednesday, August 19, 1998

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.

Room 201S, Bldg. E

12100 Park 35 Circle

Item 45. Docket No. 98-0954-MWD. Consideration of a request by The Protestant Episcopal Church Council of the Diocese of Texas for an Order authorizing construction of a new wastewater treatment facility prior to Commission consideration of an application for a wastewater discharge permit pursuant to Texas Water Code 26.019 and 26.027(c). The facility will be located approximately 2,000 feet north of the Grimes/Waller County line and 1,000 feet west of County Road 362 in Grimes County. The proposed authorization would not permit the discharge of any wastewater. (Anthony Tatu/Mark Sullivan)
Approve Authorization to Construct, BM/JB. All Commissioners Agree


OLD BUSINESS AGENDA

Wednesday, August 19, 1998

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

1:00 p.m.

Room 201S, Bldg E.

12100 Park 35 Circle

Item carried forward from Agenda of July 29, 1998.

Item 1. TNRCC Docket No. 97-0666-IHW-E; SOAH Docket No. 582-97-1707. Consideration of Administrative Law Judge's Proposal for Decision and Order concerning the Executive Director's nonsuit pending enforcement action against Longview Refining Associates, Inc. The Respondent owns and operates an inactive petroleum refinery located in Longview, Texas. Recommendation: The Executive Director is entitled to take a non-suit without prejudice to refiling and without payment of costs. There is no regulatory basis to force this matter to hearing over the referring agency's request to withdraw the petition. Because the evidentiary hearing has not been held, prejudice does not attach. At least in the absence of sanctionable conduct, there is no regulatory basis to assess costs against the Executive Director. The Executive Director's filings were not brought in bad faith; consequently, sanctions are not appropriate.
Deny Motion to Continue, JB/BM. All Commissioners Agree. Grant Proposal for Decision and Issue Order, RM/BM. All Commissioners Agree


AGENDA

Wednesday, August 19, 1998

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

1:00 p.m.

Room 201S, Bldg E.

12100 Park 35 Circle

Item 1. TNRCC Docket No. 96-1631-PST-E; SOAH Docket No. 582-98-0189. Consideration of Administrative Law Judge's Proposal for Decision and Order against Ashraft Ibrahim for alleged violations of several sections of Commission rules relating specifically to UST's in Fort Worth, Tarrant County, Texas. Recommendation: Administrative Law Judge recommends that the Commission find that Respondent violated the alleged provisions of the Commission's petroleum storage tank rules and assess an administrative penalty, payment of delinquent annual fee, and the requirement that the Respondent undertake the specified corrective actions. (Bill Zukauckas)
Adopt Proposal for Decision and Issue Order with changes as recommended by Chairman McBee, BM/RM. All Commissioners Agree
Item 2. TNRCC Docket No. 96-0945-PST-E; SOAH Docket No. 582-98-0190. Consideration of Administrative Law Judge's Proposal for Decision and Order against Friend Enterprises, Inc. for alleged violations of Chapter 334 of Commission rules concerning annual testing of USTs documentation to demonstrate compliance, and annual fees for USTs, in Austin, Travis County, Texas. Recommendation: The Administrative Law Judge recommends that the Commission adopt the Findings of Fact and Conclusion of Law set forth in the attached order assessing an administrative penalty for violations of Commission rules and requiring corrective actions of Friend Enterprises, Inc. (Cynthia Hayes)
Adopt Proposal for Decision and Issue Order, JB/RM. All Commissioners Agree
Item 3. TNRCC Docket No. 97-0793-AIR; SOAH Docket No. 582-97-1897. Consideration of Administrative Law Judge's Proposal for Decision and Order concerning the application of Odell Geer Construction Company, Inc. for Air Quality Permit to operate a rock crusher facility in Bell County, Texas. Recommendation: (1) determines that air applicants are subject to the provisions of the Commission's applicable withdrawal rules, Section 80.25, once parties have been named and the contested hearing process has begun; (2) denies authorization for the applicant to withdraw without prejudice under Section 80.25(e)(3); (3) applies the plain language of withdrawal rule, Section 80.25 and removes attorneys fees from consideration in determining appropriate costs for reimbursement; and (4) finds the Protestants should be reimbursed for reasonable non-attorney expenses of $4857.68 if Odell Geer chooses to withdraw its application without prejudice pursuant to the Commission's withdrawal rule, Section 80.25(3)(2).
Accept Proposal for Decision incorporating Executive Director's Excpetions overrule all other exceptions and adopt order as recommended by Chairman, BM/JB. All Commissioners Agree
Item 4. TNRCC Docket No. 97-0476-RAW-E; SOAH Docket No. 582-98-0566. Petition of the Executive Director against Everest Exploration, Inc. assessing administrative penalties and requiring certain action for failure to provide acceptable financial assurance to the Texas Natural Resource Conservation Commission to assure performance of the activity reasonably required to protect the public health and safety and the environment. The Commission will consider a certified question by the Administrative Law Judge pursuant to 30 TAC Section 80.131 of the Commission's Procedural Rules and in particular 30 TAC Section 80.131(a), which allows a party an opportunity for an interlocutory appeal of a jurisdictional question in an enforcement matter. (Karnes & Live Counties) (Bill Zukauckas)
Adopt Administrative Law Judges recommendation, RM/BM. All Commissioners Agree