AGENDA

Wednesday, January 27, 1999

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

8:30 a.m.

Room 201S, Bldg E.

12100 Park 35 Circle

Item 1. Docket No. 1998-1154-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. 1999-0024-EXE. THE COMMISSION WILL CONDUCT A CLOSED MEETING TO RECEIVE LEGAL ADVICE AND WILL DISCUSS PENDING OR CONTEMPLATED LITIGATION, SETTLEMENT OFFERS, AND/OR THE APPOINTMENT, EMPLOYMENT, EVALUATION, REASSIGNMENT, DUTIES, DISCIPLINE OR DISMISSAL OF SPECIFIC COMMISSION EMPLOYEES, as permitted by Sections 551.071 and 551.074, the Open Meetings Act, codified as Chapter 551 of the Government code. No final action, decision or vote with regard to any legal or personnel matter considered in the closed meeting shall be made in the absence of further notice issued in accordance with Chapter 551 of the Government Code.
No Action Taken
Item 3. Docket No. 1999-0025-EXE. THE COMMISSION WILL CONDUCT A CLOSED SESSION TO DISCUSS THEIR DUTIES, ROLES, AND RESPONSIBILITIES AS COMMISSIONERS OF THE TNRCC PURSUANT TO SECTION 551.074 OF THE OPEN MEETINGS ACT, CODIFIED AS CHAPTER 551 OF THE GOVERNMENT CODE. 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 4. Docket No. 1999-0026-EXE. The Commission will meet in closed session to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of the Commission's General Counsel, 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


OLD BUSINESS AGENDA

Wednesday, January 27, 1999

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.

Room 201S, Bldg E

12100 Park 35 Circle

Item carried forward from Agenda of January 13, 1999.
Item 1. Docket No. 1998-1522-MWD. Consideration of a Request by United Clays of Texas, Inc. for an Order authorizing construction of a wastewater treatment facility for its clay pit operations, in Cherokee County, Texas, before Commission consideration of its application for a wastewater permit under Sections 26.019 and 26.027(c) of the Texas Water Code. The proposed authorization to construct would not permit the use of the newly constructed wastewater treatment system. (Kathy Brown, Stephen Ligon)
Approve Authorization to Construct, RM/RH. All Commissioners Agree


HUSTON
MARQUEZ
BAKER

CONTESTED AGENDA

Wednesday, January 27, 1999

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 A.M.

Room 201S, Bldg E.

12100 Park 35 Circle

Hearing Request
Item 1. Docket No. 1998-1483-AIR. DALLAS FORD NEW HOLLAND, INC. for Exemption Registration No. 39146 to operate a Specialty Concrete Plant. The proposed location is 3774 North Central Expressway in McKinney, Collin County, Texas. The Commission will consider the application and hearing requests filed on the application. (Kerri Rowland/Dois Webb)
Deny hearing request and Issue Exemption, RM/RH. All Commissioners Agree
Authorization to Construct
Item 2. Docket No. 1999-0007-MWD. Consideration of a Request by the City of Aransas Pass for an Order under the Texas Water Code Sections 26.019 and 26.027(c) authorizing construction of a second outfall from its existing wastewater treatment facility in San Patricio County, Texas, to the City of Aransas Nature Park before Commission consideration of the City's application and draft Permit No. 10521-002. The proposed authorization to construct would not permit the use of the outfall prior to the City obtaining a discharge permit. (Carol Lear, Firoj Vahora)
Approve Authorization to Construct, RM/RH. All Commissioners Agree
Affirm, Modify or Set Aside Emergency Order
Item 3. Docket No. 1998-1508-AIR. Consideration to affirm, modify or set aside the Executive Director's Emergency Order issued to 3M Brownwood, Brownwood, Brown County, Texas on December 17, 1998 authorizing the repair of a thermal oxidizer and related equipment, and the emissions from facilities which exhaust to the thermal oxidizer. (Janis Hudson)
No Action Taken
Item 4. Docket No. 1998-1508-AIR. Hearing regarding consideration to affirm, modify or set aside the Executive Director's Emergency Order issued to 3M Brownwood, Brownwood, Brown County, Texas on December 23, 1998 authorizing the repair of a thermal oxidizer system and the associated emissions from the LPP Press. (Janis Hudson, Richard Hughes).
Continued to February 10, 1999
Resolution
Item 5. Docket No. 1998-1547-RES. A Resolution authorizing the Executive Director to enter a settlement agreement regarding recoverable past costs associated with the Poly-Cycle Industries, Inc. Proposed State Superfund site in Ellis County and requiring the remediation of the site under the Voluntary Cleanup Program. (Charles Vorndran)
Approve Resolution, RM/RH. All Commissioners Agree
Item 6. Docket No. 1998-1489-MSW. Consideration of Nominations and Appointment of Five Individuals to the Municipal Solid Waste Management and Resource Recovery Advisory Council.
Approve Resolution, JB/RM. All Commissioners Agree
Air Enforcement Agreed Orders
Item 7. Docket No. 1998-0247-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Steven Carr dba Builders Marble Company in Collin County; Account No. CP-0158-R; for air quality violations pursuant to the Texas Clean Air Act, Texas Health & Safety Code, Chapter 382, Texas Water Code, Chapter 7, and the rules of the Texas Natural Resource Conservation Commission. (Carl Schnitz)
Remand to Executive Director
Item 8. Docket No. 1998-0651-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Zosimo Corsiga in Dallas County; Account No. DB-4769-R; for air quality violations pursuant to the Texas Clean Air Act, Texas Health & Safety Code, Chapter 382, Texas Water Code, Chapter 7, and the rules of the Texas Natural Resource Conservation Commission. (Carl Schnitz)
Issue Agreed Order, RH/RM. All Commissioners Agree
Item 9. Docket No. 1998-0885-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Duke Energy Field Services, Inc. in Wichita County; Account No. WH-0035-K; for air quality violations pursuant to the Texas Clean Air Act, Texas Health & Safety Code, Chapter 382, Texas Water Code, Chapter 7, and the rules of the Texas Natural Resource Conservation Commission. (Rodney Weeks)
Issue Agreed Order, RH/RM. All Commissioners Agree
Item 10. Docket No. 1998-0570-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Dino Bernardo dba Dino's Automotive in Dallas County; Account No. DB-4843-H; for air quality violations pursuant to the Texas Clean Air Act, Texas Health & Safety Code, Chapter 382, Texas Water Code, Chapter 7, and the rules of the Texas Natural Resource Conservation Commission. (Carl Schnitz)
Issue Agreed Order, RH/RM. All Commissioners Agree
Item 11. Docket No. 1998-0544-AIR-E. Consideration of an Agreed Order assessing administrative penalties and resolving an enforcement action against the City of El Paso in El Paso County; Account No. EE-1233-L; for air quality violations pursuant to the Texas Clean Air Act, Texas Health & Safety Code, Chapter 382, Texas Water Code, Chapter 7, and the rules of the Texas Natural Resource Conservation Commission. (Stacey Young)
Issue Agreed Order, RH/RM. All Commissioners Agree
Item 12. Docket No. 1998-0642-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Fina Oil and Chemical Company in Jefferson County; Account No. JE-0005-H; for air quality violations pursuant to the Texas Clean Air Act, Texas Health & Safety Code, Chapter 382, Texas Water Code, Chapter 7, and the rules of the Texas Natural Resource Conservation Commission. (Lawrence King)
Issue Agreed Order, RH/RM. All Commissioners Agree
Item 13. Docket No. 1998-0709-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Genoa Mining, Inc. in Harris County; Account No. HG-0271-G; for air quality violations pursuant to the Texas Clean Air Act, Texas Health & Safety Code, Chapter 382, and the rules of the Texas Natural Resource Conservation Commission. (Miriam Hall)
Issue Agreed Order, RH/RM. All Commissioners Agree
Air Enforcement Default Order
Item 14. Docket No. 1998-0175-AIR-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Mel Diaz dba Mel's Paint and Body Shop in Collin County; TNRCC ID No. CP-0413-B: 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. (Laura Kohansov)
Issue Default Order, RM/JB. All Commissioners Agree
Petroleum Storage Tank Enforcement Shutdown Orders
Item 15. Docket No. 1998-1430-PST-E. Consideration of a Shutdown Order requiring certain actions of Phillip Wood in Dallas County; TNRCC ID No. 0013973; for petroleum storage tank violations pursuant to Chapter 26 of the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Booker Harrison)
No Action Required
Item 16. Docket No. 1996-1418-PST-E. Consideration of a Shutdown Order requiring certain actions of Triple H Mart #4 in Hidalgo County; TNRCC ID No. 29376; for petroleum storage tank violations pursuant to Chapter 26 of the Texas Water Code, and the rules of the Texas Natural Resource Conservation Commission. (Booker Harrison)
No Action Required
Item 17. Docket No. 1996-1426-PST-E. Consideration of a Shutdown Order requiring certain actions of Triple H Mart #9 in Hidalgo County; TNRCC ID No. 29378; for petroleum storage tank violations pursuant to Chapter 26 of the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Booker Harrison)
No Action Required
Item 18. Docket No. 1998-1428-PST-E. Consideration of a Shutdown Order requiring certain actions of Karim Momin in Harris County; TNRCC ID No. 22312; for petroleum storage tank violations pursuant to Chapter 36 of the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Booker Harrison)
Issue Shutdown Order, RH/RM. All Commissioners Agree
Item 19. Docket No. 1998-1427-PST-E. Consideration of a Shutdown Order requiring certain actions of B&H Aircraft Sales dba Brauntex Aviation in Guadalupe County; TNRCC ID No. 0016332; for petroleum storage tank violations pursuant to Chapter 26 of the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Booker Harrison)
No Action Required
Item 20. Docket No. 1998-1429-PST-E. Consideration of a Shutdown Order requiring certain actions of Brownie No. 8 in Galveston County; TNRCC ID No. 24890; for petroleum storage tank violations pursuant to Chapter 26 of the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Booker Harrison)
No Action Required
Petroleum Storage Tank Enforcement Agreed Order
Item 21. Docket No. 1998-0284-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Mark Kilgore in Fannin County; TNRCC ID No. None; for petroleum storage tank violations pursuant to Chapters 7 and 26 of the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Bill Jang)
Issue Agreed Order, RH/JB. All Commissioners Agree
Public Water Supply Enforcement Agreed Orders
Item 22. Docket No. 1997-0677-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Frank Webb in Guadalupe County; TNRCC ID No. 0940029; 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 as changed, RM/RH. All Commissioners Agree
Item 23. Docket No. 1997-0877-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Graeme Reed dba Suburban Mobil Home Park #2 in Harris County; TNRCC ID No. 1010760; 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/RH. All Commissioners Agree
Item 24. Docket No. 1997-1003-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of MRK Investment Corp., formerly dba El Primero Training Center in Webb County; TNRCC ID No. 2400024; 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/RH. All Commissioners Agree
Item 25. Docket No. 1997-0548-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Katherine Mann dba Airport Business Park in Montgomery County; TNRCC ID No. 1700367; 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/RH. All Commissioners Agree
Item 26. Docket No. 1998-0796-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Lufkin in Angelina County; PWS No. 0030004; for drinking water quality violations pursuant to Texas Health and Safety Code, Chapter 341 and the rules of the Texas Natural Resource Conservation Commission. (Sandy VanCleave)
Issue Agreed Order, RM/RH. All Commissioners Agree
Item 27. Docket No. 1998-0593-PWS-E. Consideration of an Agreed Order assessing administrative penalties against Blake Kozar dba Mister B's in Bee County; PWS No. 0130062; for drinking water quality violations pursuant to the Texas Health & Safety Code, Chapter 341, and the rules of the Texas Natural Resource Conservation Commission. (Sandy VanCleave)
Issue Agreed Order, RM/RH. All Commissioners Agree
Land Irrigator Installer Enforcement Agreed Order
Item 28. Docket No. 1997-0428-LII-E. Consideration of an Agreed Order assessing administrative penalties against Doug Steiner dba Leisure Time Sprinkler Co. in Bexar County; TNRCC ID No. LI0003923; for land irrigator installer violations pursuant to Chapter 34 of the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Bill Jang)
Issue Agreed Order, RM/RH. All Commissioners Agree
Municipal Solid Waste Enforcement Agreed Orders
Item 29. Docket No. 1998-0256-MSW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Larry Tinkle in Orange County; TNRCC ID No. 33300; for municipal solid waste violations pursuant to the Texas Solid Waste Disposal Act, Chapter 361 of the Texas Health and Safety Code, and the rules of the Texas Natural Resource Conservation Commission. (Lisa Hernandez)
Issue Agreed Order, RH/RM. All Commissioners Agree
Item 30. Docket No. 1998-0149-MSW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of James Higgins and John Higgins dba Bulldog Environmental, Inc. in Montgomery County; TNRCC ID No. None; for municipal solid waste violations pursuant to the Texas Solid Waste Disposal Act, Chapter 361 of the Texas Health & Safety Code, Chapter 7 of the Texas Water Code, and the rules of the Texas natural Resource Conservation Commission. (Lisa Z. Hernandez)
Continued to February 24, 1999
Industrial Waste Discharge Enforcement Agreed Order
Item 31. Docket No. 1998-0601-IWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Diamond Shamrock Refining Company, L.P. in Live Oak County; Permit No. 01353; for water quality violations and for failure to pay wastewater inspection fees, water quality assessment fees, and non-hazardous waste generation fees pursuant to Texas Water Code, Chapters 7 and 26, and Texas Health & Safety Code, Chapter 361, and the rules of the Texas Natural Resource Conservation Commission. (Michael Meyer)
Issue Agreed Order, RM/JB. All Commissioners Agree
Edwards Aquifer Enforcement Agreed Order
Item 32. Docket No. 1997-1081-EAQ-E. Consideration of an Agreed Order assessing administrative penalties of New Braunfels Independent School District in Comal County; for water quality violations pursuant to Texas Water Code, Chapters 7 and 26, and the rules of the Texas Natural Resource Conservation Commission. (Michael Meyer)
Issue Agreed Order, RH/RM. All Commissioners Agree
On-Site Sewerage Installers Agreed Order
Item 33. Docket No. 1998-0095-OSI-E. Consideration of an Agreed Order assessing administrative penalties of Marco D. Fernandez in Bexar County; On-Site Sewerage Facility Installer Certification No. 2409; for water quality violations pursuant to Texas Health & Safety Code, Chapter 366 and the rules of the Texas Natural Resource Conservation Commission. (Merrilee Gerberding)
Issue Agreed Order, RM/RH. All Commissioners Agree
RULES
Item 34. Docket No. 1999-0009-RUL. Consideration for publication of Proposed Notice of Review of 30 TAC Chapter 12, concerning Payment of Fees. This review is in accordance with the General Appropriations Act, Article IX, Section 167, 75th Legislature, 1997, which requires state agencies to review and consider for readoption rules adopted under the Administrative Procedure Act. (Forrest Brooks) (Rule Log No. 98084-012-AD).
Approve Publication, RM/JB. All Commissioners Agree
Item 35. Docket No. 1998-1330-RUL. Consideration for publication of proposed new 30 TAC Chapter 17, concerning Tax Relief for Property Used for Environmental Protection, and the repeal of 30 TAC Chapter 277, concerning Use Determination for Tax Exemptions for Pollution Control Property. If approved, the revisions would move the regulations in Chapter 277 to Chapter 17 and clarify the procedures for reviewing applications for use determinations when the applicant does not adequately respond to a deficiency notice. As part of the commission's regulatory reform initiative, the provisions are rewritten for clarity, readability, and improved organization. In addition, this action constitutes the commission's review of the rules contained in 30 TAC Chapter 277 in accordance with the General Appropriations Act, Article IX, Section 167, 75th Legislature, 1997. (Forrest Brooks) (Rule Log No. 98050-277-AD)
Approve Publication with changes, JB/RM. All Commissioners Agree
EXECUTIVE SESSION
Item 36. Docket No. 1999-0024-EXE. THE COMMISSION WILL CONDUCT A CLOSED MEETING TO RECEIVE LEGAL ADVICE AND WILL DISCUSS PENDING OR CONTEMPLATED LITIGATION, SETTLEMENT OFFERS, AND/OR THE APPOINTMENT, EMPLOYMENT, EVALUATION, REASSIGNMENT, DUTIES, DISCIPLINE OR DISMISSAL OF SPECIFIC COMMISSION EMPLOYEES, as permitted by Sections 551.071 and 551.074, the Open Meetings Act, codified as Chapter 551 of the Government code. No final action, decision or vote with regard to any legal or personnel matter considered in the closed meeting shall be made in the absence of further notice issued in accordance with Chapter 551 of the Government Code.
No Action Taken
Item 37. Docket No. 1999-0025-EXE. THE COMMISSION WILL CONDUCT A CLOSED SESSION TO DISCUSS THEIR DUTIES, ROLES, AND RESPONSIBILITIES AS COMMISSIONERS OF THE TNRCC PURSUANT TO SECTION 551.074 OF THE OPEN MEETINGS ACT, CODIFIED AS CHAPTER 551 OF THE GOVERNMENT CODE. 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 38. Docket No. 1999-0026-EXE. The Commission will meet in closed session to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of the Commission's General Counsel, 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
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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 January 27, 1999

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.

Room 201S, Bldg E.

12100 Park 35 Circle

Item 39. TNRCC Docket No. 1997-0556-PWS-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Wood Island CO-OP Property Owners Association in Travis County; TNRCC ID No. 2270213; 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.
Issue Default Order, with a 30 day referral if samples are submitted, JB/RH. All Commissioners Agree


SECOND ADDENDUM TO AGENDA

Wednesday, January 27, 1999

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.

Room 201S, Bldg E.

12100 Park 35 Circle

Item 40. Docket No. 1999-0030-MWD. Consideration of a Request by Bimbo Cereal Foods, Inc. for an Order under 26.019 and 26.027(c) of the Texas Water Code authorizing construction of a wastewater holding pond for its wastewater treatment facilities in Deaf Smith County, Texas. Bimbo Cereal Foods, Inc. requests the authorization to construct before Commission consideration of its application for a wastewater no-discharge permit which would authorize the disposal of process wastewater from its corn flour processing plant at a daily average flow not to exceed 100,000 gallons per day via irrigation of 250 acres of land. The proposed authorization to construct would not permit the use of the newly constructed wastewater treatment facilities. (Jim Bateman/Michael Sunderland)
Approve Authorization to Construct, RH/JB. All Commissioners Agree


CONTESTED AGENDA

Wednesday, January 27, 1999

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

1:00 p.m.

Room 201S, Bldg E.

12100 Park 35 Circle

Item 1. TNRCC Docket No. 1998-0706; SOAH Docket No. 582-98-1385. Consideration of the Administrative Law Judges Proposal for Decision and Order concerning an appeal of Water Rate Increase Established by Whiterock Water Supply Corporation. Recommendation: The ALJ recommends dismissal of the rate appeal for lack of jurisdiction.
Accept Administrative Law Judge's Proposal for Decision and Issue Order with a recommendation to strike conclusion of Law #5, RH/JB. All Commissioners Agree


AGENDA

Wednesday, January 27, 1999

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

2:30 p.m.

Room 201S, Bldg E.

12100 Park 35 Circle

Item 1. Docket No. 1999-0026-EXE. The Commission will meet in closed session to interview applicants for the Commission's General Counsel and to deliberate the employment of the Commission's General Counsel. The authority for the closed session is Section 551.074 of the Texas 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 Texas Open Meetings Act, Chapter 551 of the Texas Government Code.
No Action Taken