AGENDA

Wednesday, September 27, 2000

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

8:30 a.m.

12100 Park 35 Circle

Bldg. E., Room 201S

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.
Continued until 11:30 following morning session.
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.
Continued until 11:30 following morning session.
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.
Continued until 11:30 following morning session.


OLD BUSINESS AGENDA

Wednesday, September 27, 2000

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.

12100 Park 35 Circle

Room 201S, Bldg. E

Item carried forward from Agenda of August 23, 2000.
Item 1. Docket No. 1999-0904-AGR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Tom Rowntree dba Rowntree Cattle Company in Erath County; Enforcement ID No. 13683; 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. (William Puplampu)
Item carried forward from Agenda of August 23 and September 7, 2000.
Remanded to Executive Director.
Item 2. Docket No. 2000-0827-SIP. Consideration for publication of, and hearing upon, an agreement with Southwest Airlines, Inc., and corresponding revisions to the State Implementation Plan (SIP) for ozone control. The agreement and revised SIP would make federally enforceable certain local ozone precursor emission reductions of nitrogen oxides from sources at the William P. Hobby Airport in Houston, Harris County, Texas. (Bill Jordan)
Continued to October 6 work session.


ADDENDUM TO OLD BUSINESS

Wednesday, September 27, 2000

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.

Bldg E. Room 201S

12100 Park 35 Circle

Item carried forward from agenda of September 7, 2000.
Item 3. Docket No. 2000-0592-RUL. Consideration for publication of proposed new 30 TAC Chapter 7, Section 7.124, Natural Resource Trustees Memorandum of Understanding (MOU).
The proposed rule will set forth the procedures by which the executive director and the natural resource trustees will interact regarding the ecological risk assessment and the ecological services analysis processes under Chapter 350, Texas Risk Reduction Program. (Caroline Sweeney/Richard Seiler/Michael Bame) (Rule Log No. 2000-012-007-AD)
Commissioner Baker moved to approve publication and Commissioner Marquez seconded; all approved.


HUSTON
MARQUEZ
BAKER

AGENDA

Wednesday, September 27, 2000

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.

12100 Park 35 Circle

Room 201S, Bldg. E

HEARING REQUESTS
Item 1. Docket No. 1999-1555-IWD. Consideration of permit application 04018, submitted by DRESSER INDUSTRIES, INC. for a major amendment to TNRCC Permit No. 04018 (formerly Permit No. 12046-001) to authorize the addition of utility and process wastewaters to the wastestream at Outfall 001 and to renumber Permit No. 12046-001 to Permit No. 04018 to identify it as an industrial wastewater permit. The existing permit authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 70,000 gallons per day via Outfall 001. Issuance of this Texas Pollutant Discharge Elimination System (TPDES) permit will replace the existing NPDES Permit No. TX0078638 issued on July 12, 1979 and TNRCC Permit No. 12046-001 issued on August 9, 1996. The applicant operates a multi-building complex that includes a hotel; administrative offices; training center; cafeteria; several after-market service centers; analytical, product testing and research and development laboratories; and manufacturing and assembly operations for oil field service equipment. The plant site is located approximately one mile south of Bush Intercontinental Airport and one mile east of Aldine Westfield Road and 0.5 miles west of John Kennedy Boulevard, Harris County, Texas. The commission will also consider hearing requests, related responses and replies, public comment and the Executive Director's response to comments. (Galindo/Aplin)
Chairman Huston moved to deny the hearing request and Commissioner Marquez seconded; all approved.
Item 2. Docket No. 2000-0797-AGR. Consideration of permit application no. 04032, submitted by Pilgrim Poultry, G. P. for a new Texas Pollutant Discharge Elimination System (TPDES) permit to operate a concentrated animal feeding operation (CAFO) for a poultry egg layer facility with a maximum of 1,400,000 birds. No discharge of pollutants into the waters in the state is authorized by the permit except as a result of a chronic or catastrophic rainfall event. The facility is located on Farm-to-Market Road 556 approximately seven miles southwest from the City of Pittsburg, Camp County, Texas. The Commission will also consider hearing requests, related responses and replies, public comment and the Executive Director's response to comments. (Ed Whitmore/A. Tatu)
Chairman Huston moved to approve the hearing requests and Commissioner Marquez seconded; all approved.
Item 3. Docket No. 2000-0825-MWD. Consideration of permit application no. 14077-001, submitted by BRADFIELD FAMILY PARTNERSHIP LTD. for a new permit, proposed Permit No. 14077-001, to authorize the disposal of treated domestic wastewater at a daily average flow not to exceed 3,700 gallons per day via subsurface drainfields with a minimum area of 61,420 square feet. This permit will not authorize a discharge of pollutants into waters in the State. The wastewater treatment facilities and disposal area are located approximately 1,000 feet south of the intersection of Loop 360 and Mopac Boulevard in Travis County, Texas. The plant site and disposal area are located in the drainage basin of Barton Creek in Segment No. 1430 of the Colorado River Basin. The Commission will also consider hearing requests, related responses and replies, public comment and the Executive Director's response to comments. (Firoj Vahora/Oren Connaway)
Continued to October 18, 2000.
AGRICULTURAL ENFORCEMENT AGREED ORDERS
Item 4. Docket No. 2000-0279-AGR-E. Consideration of an Agreed Order assessing administrative penalties against Hondo Creek Cattle Company, Ltd. in San Patricio County; Water Quality Permit No. 01497; for water quality violations purusant to Tex. Water Code chs. 7 and 26, and the rules of the Texas Natural Resource Conservation Commission. (Pamela Campbell, Terry Murphy)
Commissioner Marquez moved to approve the Agreed Order and Commissioner Baker seconded; all approved.
Item 5. Docket No. 1999-0855-AGR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Mr. John Hafliger dba Tierra Blanca Properties in Deaf Smith County; Water Quality Permit No. 03343; for water quality violations pursuant to Tex. Water Code chs. 7 and 26, and the rules of the Texas Natural Resource Conservation Commission. (Shawn A. Hess, Pamela Campbell)
Commissioner Marquez moved to approve the Agreed Order and Commissioner Baker seconded; all approved.
PUBLIC WATER SUPPLY ENFORCEMENT AGREED ORDERS
Item 6. Docket No. 1997-1085-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Hartley Water Supply Corporation, Hartley County; TNRCC ID NO.1030010; 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. (Joshua M. Olszewski)
Chairman Huston moved to approve the Agreed Order and Commissioner Baker seconded; all approved.
Item 7. Docket No. 2000-0136-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Central Bowie County Water Supply Corporation in Bowie County; Public Water Supply ID No. 0190024; for drinking water violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas Natural Resource Conservation Commission. (Carolyn V. Lind, Terry Murphy)
Chairman Huston moved to approve the Agreed Order and Commissioner Baker seconded; all approved.
Item 8. Docket No. 1998-1451-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Crockett County WCID No. 1 in Crockett County; Public Water Supply No. 0530011; for drinking water quality violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas Natural Resource Conservation Commission. (John Mead)
Remanded to Executive Director.
Item 9. Docket No. 2000-0333-PWS-E. Consideration of an Agreed Order assessing administrative penalties against Halliburton Energy Services, Inc. in Harris County; Public Water Supply 1011560; for drinking water violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas Natural Resource Conservation Commission. (Shawn Stewart, Terry Murphy)
Chairman Huston moved to approve the Agreed Order and Commissioner Baker seconded; all approved.
Item 10. Docket No. 2000-0334-PWS-E. Consideration of an Agreed Order assessing administrative penalties against Lohn Water Supply Corporation in McCulloch County; Public Water Supply No. 1540002; for drinking water violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas Natural Resource Conservation Commission. (Sandy VanCleave, Terry Murphy)
Chairman Huston moved to approve the Agreed Order and Commissioner Baker seconded; all approved.
Item 11. Docket No. 2000-0322-PWS-E. Consideration of an Agreed Order assessing administrative penalties against New Town Water Corporation in Colorado County; Public Water Supply No. 0450023; for drinking water quality violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas Natural Resource Conservation Commission. (Elvia Maske)
Chairman Huston moved to approve the Agreed Order and Commissioner Baker seconded; all approved.
Item 12. Docket No. 2000-0197-PWS-E. Consideration of an Agreed Order assessing administrative penalties against Gerald S. Calvert and Randy Russell dba Oak Ridge Mobile Home Park in Brazoria County; Public Water Supply No. 0200183; for drinking water violations pursuant to Tex. Health & Safety Code ch. 341, and the rules of the Texas Natural Resource Conservation Commission. (Jaime Garza, Terry Murphy)
Chairman Huston moved to approve the Agreed Order and Commissioner Baker seconded; all approved.
Item 13. Docket No. 2000-0061-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of VV Water Supply System, Inc. in Denton County; Public Water Supply No. 0610052; for drinking water violations pursuant to Tex. Health & Safety Code ch. 341, and the rules of the Texas Natural Resource Conservation Commission. (Wendy Penland, Terry Murphy)
Chairman Huston moved to approve the Agreed Order and Commissioner Baker seconded; all approved.
EDWARDS AQUIFER ENFORCEMENT AGREED ORDERS
Item 14. Docket No. 1999-1550-EAQ-E. Consideration of an Agreed Order assessing administrative penalties against Mr. John Leininger and Harvest Fellowship Community Church in Bexar County; Edwards Aquifer Protection Program No. 1263; for water quality violations pursuant to the Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Brian Lehmkuhle, Terry Murphy)
Commissioner Marquez moved to approve the Agreed Order and Chairman Huston seconded; all approved.
Item 15. Docket No. 2000-0099-EAQ-E. Consideration of an Agreed Order assessing administrative penalties against Pemarco, Inc. in Williamson County; Edwards Aquifer File Nos. 98092301 & 98092401; for water quality violations pursuant to Tex. Water Code chs. 7 and 26, and the rules of the Texas Natural Resource Conservation Commission. (Sherry Smith)
Commissioner Marquez moved to approve the Agreed Order and Chairman Huston seconded; all approved.
SLUDGE ENFORCEMENT AGREED ORDER
Item 16. Docket No. 1998-0464-SLG-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Nicholas Hallinan in Nueses County; TNRCC ID NO. None; for unauthorized discharge of hazardous waste violations pursuant to Chapter 26 of the Texas Water Code, Chapter 361 of the Texas Health and Safety Code, and the rules of the Texas Natural Resource Conservation Commission. (John Sumner)
Commissioner Marquez moved to approve the Agreed Order and Commissioner Baker seconded; all approved.
MULTI-MEDIA ENFORCEMENT AGREED ORDERS
Item 17. Docket No. 2000-0701-MLM-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Friede Goldman Offshore Texas, L. P. in Orange County; TNRCC ID Nos. 23492 and 81891 and Air Account No. OC-0376-V; for air violations pursuant to the Texas Water Code chs. 7 and 26, Texas Health & Safety Code ch. 361, Texas Clean Air Act, Chapter 382 of the Texas Health & Safety Code, and the rules of the Texas Natural Resource Conservation Commission. (Richard S. O'Connell)
Commissioner Marquez moved to approve the Agreed Order and Chairman Huston seconded; all approved.
Item 18. Docket No. 1999-1376-MLM-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of City of Corpus Christi in Nueces County County; MSW Permit No. 423A and Air Account No. NE-0034-B; for air quality and municipal solid waste violations pursuant to Tex. Water Code chs. 7 and 26, Tex. Health & Safety Code chs. 382 and 361, and the rules of the Texas Natural Resource Conservation Commission. (Gary L. McDonald, John Mead)
Commissioner Marquez moved to approve the Agreed Order and Chairman Huston seconded; all approved.
Item 19. Docket No. 1999-0592-MLM-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Heritage Financial Group, Inc. in Harrison County; PWS ID No. 1020061 and Water Quality Permit No. 13522-001; for water quality and drinking water violations pursuant to Tex. Water Code chs. 7 and 26, Tex. Health & Safety Code ch. 341 and the rules of the Texas Natural Resource Conservation Commission. (Gilbert Angelle, Tel Croston)
Commissioner Marquez moved to approve the Agreed Order and Chairman Huston seconded; all approved.
AIR ENFORCEMENT AGREED ORDERS
Item 20. Docket No. 2000-0053-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Cal-Tex Lumber Company, Inc. in Nacogdoches County; Air Account No. NA-0055-O; for air quality violations pursuant to Tex. Health & Safety Code ch. 382, Tex. Water Code ch. 7 and the rules of the Texas Natural Resource Conservation Commission. (Susan Kelly, Tel Croston)
Chairman Huston moved to approve the Agreed Order and Commissioner Marquez seconded; all approved.
Item 21. Docket No. 2000-0439-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Chevron U.S.A., Inc. in Ward County; Air Account Nos. WC-0083-I, WC-0084-G; for air quality violations pursuant to Tex. Health & Safety Code ch. 382, Tex. Water Code ch. 7, and the rules of the Texas Natural Resource Conservation Commission. (Dan Landenberger, Tel Croston)
Chairman Huston moved to approve the Agreed Order and Commissioner Marquez seconded; all approved.
Item 22. Docket No. 1999-1564-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Clemsa Lumber Company in Angelina County; Air Account No. AC-0051-B; for air quality violations pursuant to Tex. Health & Safety Code ch. 382, Tex. Water Code ch. 7 and the rules of the Texas Natural Resource Conservation Commission. (Susan Kelly, Tel Croston)
Chairman Huston moved to approve the Agreed Order and Commissioner Marquez seconded; all approved.
Item 23. Docket No. 2000-0464-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Echo Production, Inc. in Hardeman County; Air Account No. HE-0012-I; for air quality violations pursuant to Texas Clean Air Act, Tex. Health & Safety Code ch. 382, Tex. Water Code ch. 7 and the rules of the Texas Natural Resource Conservation Commission. (Kara Dudash, Tel Croston)
Chairman Huston moved to approve the Agreed Order and Commissioner Marquez seconded; all approved.
Item 24. Docket No. 2000-0188-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Engineered Carbons, Incorporated in Orange County; TNRCC Air Account No. OC-0020-R; for air quality violations pursuant to Texas Clean Air Act, Tex. Health & Safety Code ch. 382, and the rules of the Texas Natural Resource Conservation Commission. (Laura Clark, Tel Croston)
Chairman Huston moved to approve the Agreed Order and Commissioner Marquez seconded; all approved.
Item 25. Docket No. 2000-0227-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Kelly-Moore Paint Company, Inc. in Tarrant County; Air Account No. TA-0203-D; for air quality violations pursuant to Texas Clean Air Act, Tex. Health & Safety Code ch. 382, Tex. Water Code ch. 7, and the rules of the Texas Natural Resource Conservation Commission. (Wendy Penland, Tel Croston)
Chairman Huston moved to approve the Agreed Order and Commissioner Marquez seconded; all approved.
Item 26. Docket No. 2000-0081-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Louisiana-Pacific Corporation in Jasper County; TNRCC Air Permit No. 22377; for air quality violations pursuant to Texas Health & Safety Code Chapter 382, Texas Water Code Chapter 7, and the rules of the Texas Natural Resource Conservation Commission. (Sandy VanCleave)
Chairman Huston moved to approve the Agreed Order and Commissioner Marquez seconded; all approved.
Item 27. Docket No. 2000-0015-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Oil Patch Sandblast and Paint, LTD. in Harris County; Air Account No. HX-1323-M; for air quality violations pursuant to Texas Clean Air Act, Tex. Health & Safety Code ch. 382, Tex. Water Code ch. 7, and the rules of the Texas Natural Resource Conservation Commission. (Sheila Smith, Tel Croston)
Chairman Huston moved to approve the Agreed Order and Commissioner Marquez seconded; all approved.
Item 28. Docket No. 2000-0283-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of San Miguel Electric Cooperative, Inc. in Atascosa County; Air Account No. AG-0007-G; for air quality violations pursuant to Texas Clean Air Act, Tex. Health & Safety Code ch. 382, Tex. Water Code ch. 7 and the rules of the Texas Natural Resource Conservation Commission. (Malcolm A. Ferris, Tel Croston)
Chairman Huston moved to approve the Agreed Order and Commissioner Marquez seconded; all approved.
Item 29. Docket No. 2000-0255-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Sea-Dan Ranches, a General Partnership in Calhoun County; TNRCC Air Account Number CB-0083-L; for air quality violations pursuant to Tex. Health & Safety Code ch. 382, Tex. Water Code ch. 7, and the rules of the Texas Natural Resource Conservation Commission. (Gary L. McDonald, Tel Cro ston)
Chairman Huston moved to approve the Agreed Order and Commissioner Marquez seconded; all approved.
Item 30. Docket No. 2000-0226-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Stericycle, Inc. in Kaufman County, Air Account No. KB-0006-V; for air quality violations pursuant to Texas Clean Air Act, Tex. Health & Safety Code ch. 382, Tex. Water Code ch. 7 and the rules of the Texas Natural Resource Conservation Commission. (Wendy Penland, Tel Croston)
Chairman Huston moved to approve the Agreed Order and Commissioner Marquez seconded; all approved.
Item 31. Docket No. 2000-0168-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of United Petroleum Transports, Inc. in El Paso County; Air Account No. EE-1056-J; for air quality violations pursuant to the Texas Clean Air Act; Tex. Health & Safety Code ch. 382, Tex. Water Code ch 7, and the rules of the Texas Natural Resource Conservation Commission. (Corey M. Burke)
Chairman Huston moved to approve the Agreed Order and Commissioner Marquez seconded; all approved.
INDUSTRIAL HAZARDOUS WASTE ENFORCEMENT ORDER
Item 32. Docket No. 2000-0304-IHW-E. Consideration of an Agreed Order assessing administrative penalties against Solutia, Inc. in Brazoria County; Solid Waste Registration No. 30138; Permit No. HW-50189 Enf. ID No. 1073-3; for industrial & hazardous waste violations pursuant to Tex. Health & Safety Code ch. 361, Tex. Water Code ch. 7, and the rules of the Texas Natural Resource Conservation Commission. (Catherine Sherman, Erika Fair)
Commissioner Baker moved to approve the Agreed Order and Chairman Huston seconded. Commissioner Marquez did not participate.
MUNICIPAL WASTE DISCHARGE ENFORCEMENT ORDERS
Item 33. Docket No. 2000-0090-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of AquaSource Utility, Incorporated in Jefferson County; Water Quality 0011249-001; for water quality violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Laura Clark, Terry Murphy)
Reposted as Item No. 62.
Item 34. Docket No. 1999-1582-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of City of Atlanta in Cass County; Water Quality Permit No. 10338-001 and NPDES Permit No. TX0032344; for water quality violations pursuant to Tex. Water Code chs. 7 and 26, and the rules of the Texas Natural Resource Conservation Commission. (Sherry Smith, Terry Murphy)
Chairman Huston moved to approve the Agreed Order and Commissioner Marquez seconded; all approved.
Item 35. Docket No. 2000-0249-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of BC Utilities, Inc. in Harris County; Water Quality Permit No. 11145-001 and NPDES Permit No. TX0067539; for water quality violations pursuant to Tex. Water Code chs. 7 and 26, and the rules of the Texas Natural Resource Conservation Commission. (Cathy Albrecht, Terry Murphy)
Chairman Huston moved to approve the Agreed Order and Commissioner Marquez seconded; all approved.
Item 36. Docket No. 2000-0285-MWD-E. Consideration of an Agreed Order assessing administrative penalties against The Leroy and Dorothy Brown Family Limited Partnership in Orange County; TPDES Permit No. 11357-001; for water quality violations pursuant to Tex. Water Code chs. 7 and 26, and the rules of the Texas Natural Resource Conservation Commission. (Terry Murphy)
Chairman Huston moved to approve the Agreed Order and Commissioner Marquez seconded; all approved.
Item 37. Docket No. 2000-0106-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Harris County Municipal Utility District No. 150 in Harris County; NPDES Permit No. TX0072893/Water Quality Permit No. 11863-001; for water quality violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Steven Lopez, Terry Murphy)
Chairman Huston moved to approve the Agreed Order and Commissioner Marquez seconded; all approved.
Item 38. Docket No. 2000-0062-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Hometown Meadow Glen, LLC in Tarrant County; Facility Water Quality Permit No. WQ12768-001; for water quality violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Wendy Penland, Terry Murphy)
Chairman Huston moved to continue the item to October 18, 2000 and Commissioner Baker seconded; all approved.
Item 39. Docket No. 1999-1304-MWD-E. Consideration of an Agreed Order assessing administrative penalties against City of Ingleside in San Patricio County; Permit No. 10422-001 and NPDES Permit No. TX0020401; for water quality violations pursuant to Tex. Water Code ch. 7, and the rules of the Texas Natural Resource Conservation Commission. (John Mead, Terry Murphy)
Chairman Huston moved to approve the Agreed Order and Commissioner Marquez seconded; all approved.
Item 40. Docket No. 1999-1488-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of City of Pearland in Brazoria County; Water Quality No. 10134-002; for water quality violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Catherine Albrecht, Terry Murphy)
Chairman Huston moved to approve the Agreed Order and Commissioner Marquez seconded; all approved.
Item 41. Docket No. 2000-0024-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Winnsboro in Wood County; NPDES Permit No. TX0054658 and Water Quality Permit No. 10319-002; for water quality violations pursuant to Tex. Water Code chs. 7 and 26, and the rules of the Texas Natural Resource Conservation Commission. (Pamela Campbell)
Chairman Huston moved to approve the Agreed Order and Commissioner Marquez seconded; all approved.
ON-SITE SEWAGE FACILITY INSTALLER
Item 42. Docket No. 2000-0282-OSI-E. Consideration of an Agreed Order assessing administrative penalties against Orvel Casey in Uvalde County; On-Site Sewage Facility Installer Id. No. OS6282; for on-site sewage facility installer violations pursuant to Tex. Health & Safety Code ch. 366 and Tex. Water Code ch. 7 and the rules of the Texas Natural Resource Conservation Commission. (Julia McMasters)
Commissioner Baker moved to approve the Agreed Order and Chairman Huston seconded; all approved.
PETROLEUM STORAGE TANK ENFORCEMENT AGREED ORDERS
Item 43. Docket No. 2000-0125-PST-E. Consideration of an Agreed Order assessing administrative penalties against Evans Systems, Inc. dba Boogie's Mini Mart in Brazoria County; PST Facility ID No. 0036871; for petroleum storage tank violations pursuant to Tex. Health & Safety Code ch. 382, Tex. Water Code ch. 7, and the rules of the Texas Natural Resource Conservation Commission. (Trinia Lewison, Erika Fair)
Commissioner Baker moved to approve the Agreed Order and Commissioner Marquez seconded; all approved.
Item 44. Docket No. 1999-1419-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Crystal Beach Corporation in Galveston County; Registration No. 0003909; for petroleum storage tank violations pursuant to Tex. Health & Safety Code ch. 382, Tex. Water Code chs. 7 and 26, and the rules of the Texas Natural Resource Conservation Commission. (Carl Schnitz, Erika Fair)
Commissioner Baker moved to approve the Agreed Order and Commissioner Marquez seconded; all approved.
BUDGETS
Item 45. Docket No. 2000-0927-BGT. Consideration of Fiscal Year 2001 Costs for Watermaster Operations in the Rio Grande Water Division. For Commission Action. Pursuant to Texas Water Code Section 11.329; and TAC Section 12.1; 12.3; 12.5 and 304.61 of the Commission Rules, the Executive Director requests that the Commission consider Watermaster costs of administration for the fiscal year beginning September 1, 2000 and ending August 31, 2001, for appropriators in the Rio Grande Water Division, which extends from Fort Quitman, Texas to the mouth of the Rio Grande River, excluding the watersheds of the Pecos and Devils Rivers; and includes that portion of the Nueces-Rio Grande Coastal Basin lying in Hidalgo, Cameron, Willacy and Starr Counties; and approve $625,000.00 as the amount to be assessed, with the assessment per account to consist of a $50.00 base charge plus a use fee and/or a storage fee calculated from the authorized acre-feet, and a penalty of 5.0% of any delinquent fee due shall be imposed on a person who fails to pay the required fee when due and if the person fails to pay the fee within 30 days after the day which the fee is due, an additional 5.0% penalty shall be imposed. Delinquent fees will accrue interest beginning on the 61st day after their due date. The yearly interest rate on all delinquent fees required under this title is the prime rate plus one percent, as published in the Wall Street Journal on the first day of each calendar year that is not a Saturday, Sunday, or legal holiday. Penalties and/or interest fees may be waived by the Executive Director for good cause.
Continued to October 4, 2000.
Item 46. Docket No. 2000-0928-BGT. Consideration of Fiscal Year 2001 Costs for Watermaster Operations in the South Texas Water Division. For Commission Action. Pursuant to Texas Water Code Section 11.329; and TAC Section 12.1; 12.3; 12.5 and 304.61 of the Commission Rules, the Executive Director requests that the Commission consider Watermaster costs of administration for the fiscal year beginning September 1, 2000 and ending August 31, 2001, for appropriators in the South Texas Water Division, which consists of the Nueces, San Antonio, Guadalupe and Lavaca River Basins, as well as the Lavaca-Guadalupe, San Antonio-Nueces and Nueces-Rio Grande Coastal Basins, except that part of the Nueces-Rio Grande Coastal Basin in Hidalgo, Cameron, Willacy and Starr Counties, and approve $468,632.00 as the amount to be assessed, with the assessment per account to consist of a $50.00 base charge plus a use fee and/or a storage fee calculated from the authorized acre-feet, and a penalty of 5.0% of any delinquent fee due shall be imposed on a person who fails to pay the required fee when due and if the person fails to pay the fee within 30 days after the day which the fee is due, an additional 5.0% penalty shall be imposed. Delinquent fees will accrue interest beginning on the 61st day after their due date. The yearly interest rate on all delinquent fees required under this title is the prime rate plus one percent, as published in the Wall Street Journal on the first day of each calendar year that is not a Saturday, Sunday, or legal holiday. Penalties and/or interest fees may be waived by the Executive Director for good cause.
Continued to October 4, 2000.
MISCELLANEOUS
Item 47. Docket No. 2000-0215-MIS. Consideration of gifts and donations of $500.00 or more in value given to the TNRCC, submitted for approval in accordance with Chapter 575 to the Government Code, concerning acceptance of gifts by certain state agencies. (Elizabeth West)
Commissioner Marquez moved to approve and Chairman Huston seconded; all approved.
DISTRICT MATTERS
Item 48. Docket No. 2000-0579-DIS. Consideration of approval of District's fire protection plan and service contract as proposed for Fort Bend County Municipal Utility District No. 117.
Continued to October 18, 2000.
Item 49. Docket No. 2000-0578-DIS. Consideration of approval of District's fire protection plan and services contract as proposed for Fort Bend County Municipal Utility District No. 109.
Continued to October 18, 2000.
Item 50. Docket No. 2000-0577-DIS. Consideration of approval of the District's fire protection plan and services contract as provided for Fort Bend County Municipal Utility District No. 108.
Continued to October 18, 2000.
Item 51. Docket No. 2000-0576-DIS. Consideration of approval of District's fire protection plan and services contract as proposed for Fort Bend County Municipal Utility District No. 106.
Continued to October 18, 2000.
Item 52. Docket No. 2000-0669-DIS. Consideration of approval of District's fire protection plan and services contract as proposed for Fort Bend County Municipal Utility District No. 1.
Continued to October 18, 2000.
Item 53. Docket No. 2000-0625-DIS. Consideration of approval of District's fire protection plan and services contract as proposed for Plantation Municipal Utility District of Fort Bend County.
Continued to October 18, 2000.
GENERAL PERMIT
Item 54. Docket No. 2000-0991-IWD. Consideration of order assuming the administration of the EPA National Pollutant Discharge Elimination System Storm Water Multi-Sector General Permit, permit number TXR05*###. The proposed order would authorize the TNRCC to administer the EPA program and will continue the effectiveness of the EPA permit until the Texas Pollutant Discharge Elimination System Storm Water Multi-Sector General Permit is adopted. (Stephen Ligon/Scottie Aplin).
Commissioner Marquez moved for adoption and Chairman Huston seconded; all approved.
Item 55. Docket No. 2000-0992-IWD. Consideration for publication of, and hearing on, proposed TPDES general permit number TXR050000. The proposed TPDES general permit would authorize discharges of storm water runoff associated with industrial activities in accordance with federal NPDES requirements. (Stephen Ligon/Kathy Brown)
Commissioner Marquez moved for adoption and Chairman Huston seconded; all approved.
RULES
Item 56. Docket No. 2000-0593-RUL. Consideration for the adoption of the rules review and readoption of 30 TAC Chapter 114, Control of Air Pollution from Motor Vehicles. This review is in accordance with Texas Government Code, Section 2001.039, and the General Appropriations Act, Article IX, Section 9 - 10.13, 76th Legislature, 1999, which require state agencies to review and consider for readoption each of their rules every four years. The proposal was published in the July 21, 2000 issue of the Texas Register (25 TexReg 6986). (Jill Burditt) (Rule Log No. 2000-014-114-AI)
Commissioner Marquez moved for adoption and Commissioner Baker seconded; all approved.
Item 57. Docket No. 2000-0673-RUL. Consideration for the adoption of the rules review and readoption of 30 TAC Chapter 344, Landscape Irrigators. This review is in accordance with Texas Government Code, Section 2001.039, and the General Appropriations Act, Article IX, Section 9 - 10.13, 76th Legislature, 1999, which require state agencies to review and consider for readoption each of their rules every four years. The proposal was published in the July 21, 2000 issue of the Texas Register (25 TexReg 6987). (Jill Burditt) (Rule Log No. 1999-064Q-344-WT)
Chairman Huston moved for adoption and Commissioner Baker seconded; all approved.
Item 58. Docket No. 2000-0369-RUL. Consideration for adoption of amendments to the following sections of 30 TAC Chapter 291, Utility Regulations:
Section 291.3. Definition of Terms.
Section 291.21. Form and Filing of Tariffs.
Section 291.26. Suspension of Rates.
Section 291.32. Rate Design.
Section 291.74. Maintenance and Location of Records.
Section 291.81. Customer Relations.
Section 291.83. Refusal of Service.
Section 291.85. Response to Requests for Service by a Retail Public Utility Within Its Certificated Area.
Section 291.86. Service Connections.
Section 291.87. Billing.
Section 291.88. Discontinuance of Service.
Section 291.89. Meters.
Section 291.93. Adequacy of Water Utility Service.
Section 291.102 Criteria for Considering and Granting Certificates or Amendments.
Section 291.106. Notice for Applications for Certificates of Convenience and Necessity.
Section 291.112. Transfer of Certificate of Convenience and Necessity.
Section 291.128. Petition or Appeal Concerning Wholesale Rate.
Section 291.131. Executive Director's Determination of Probable Grounds.
Section 291.132. Evidentiary Hearing on Public Interest.
Section 291.134. Commission Action to Protect Public Interest, Set Rates.
The amendments will primarily implement applicable requirements of Senate Bill 1, 75th Legislature, 1997, and Senate Bill 1421, 76th Legislature, 1999, relating to water utilities and water rates. However, some of the amendments are in response to public comments received during the quadrennial review of Chapter 291 and proposals from commission staff as part of the agency's regulatory reform initiative and the quadrennial review of the rules. The proposal was published in the June 30, 2000 issue of the Texas Register (25 TexReg 6289). (Wayne Wiley/Lara Nehman) (Rule Log No. 1999-043-291-WT).
Commissioner Baker moved for adoption and Chairman Huston seconded; all approved.
EXECUTIVE SESSION
Item 59. 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.
Item 60. 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.
Item 61. 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.
(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 THE 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, September 27, 2000

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.

Bldg E. Room 201S

12100 Park 35 Circle

Item 62. Docket No. 2000-0090-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of AquaSource Utility, Incorporated dba Countryside Estates in Jefferson County; Water Quality 0011249-001; for water quality violations pursuant to TEX.WATER CODE chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Laura Clark, Terry Murphy)
Chairman Huston moved to approve the Agreed Order and Commissioner Marquez seconded; all approved.


AGENDA

Wednesday, September 27, 2000

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

1:00 p.m.

12100 Park 35 Circle

Room 201S, Bldg. E

Item 1. TNRCC Docket No. 1998-0233-MSW-E; SOAH Docket No. 582-99-2891. Consideration of the Administrative Law Judge's Proposal for Decision and Order in the matter of an enforcement action against Richard W. Smith, Jr., for seven alleged violations of Water Code 26.121 and Chapter 330, Subchapter Z, which govern the management of used oil and used oil filters. The facility is located in Borger, Hutchinson County, Texas.
Commissioner Marquez moved to adopt the PFD and Chairman Huston seconded; all approved.
Item 2. TNRCC Docket No. 1998-1281-PST-E; SOAH Docket No. 582-99-2087. Consideration of the Administrative Law Judge's Proposal for Decision and Order in the matter of an enforcement action against Mohammad Islam, and Shazia Shahab and Syed Razi dba B & L Food Store, for alleged violations related to the operation of a convenience store, which sold gasoline and included an Underground Storage Tank (UST). The facility is located at 1417 Spencer, Houston, Harris County, Texas.
Chairman Huston moved to adopt the PFD with changes to Ordering Provisions # 6 and 7, assessing the penalty jointly and severally, and Commissioner Baker seconded; all approved.
Item 3. TNRCC Docket No. 1999-0862-MWD; SOAH Docket No. 582-99-1651. Consideration of the Administrative Law Judge's Proposal for Decision and Order regarding the City of Leander for an Amendment to TPDES Permit No. 12644-001 to authorize the discharge of 2.25 million gallons per day (MGD) of treated domestic effluent from the City's wastewater treatment facility located in Williamson County.
Commissioner Baker moved to adopt the PFD, including denial of the exceptions, and Chairman Huston seconded; all approved.
Item 4. TNRCC Docket No. 1999-1156-UCR and 1999-1157-UCR. Consideration of a Motion for Reconsideration filed by AquaSource Utility, Inc. concerning the Executive Director's approval of an amendment to Certificate of Convenience and Necessity No. 11157 to purchase uncertificated facilities from E. Mitchell Merritt dba Meadow Ranch Water System and Double Rock, Inc. in Denton County, Texas pursuant to Chapters 5 and 13 of the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission.
Commissioner Marquez moved to grant the motion and Chairman Huston seconded; all approved.