AGENDA

Wednesday, October 18, 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.
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


OLD BUSINESS AGENDA

Wednesday, October 18, 2000

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.

12100 Park 35 Circle

Room 201S, Bldg. E

Item carried forward from Agenda of September 27, 2000
Item 1. 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)
Deny hearing request, issue permit with additional provisions to be added, RH/RM. All Agree
Item carried forward from agenda of September 27, 2000
Item 2. 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)
Issue Agreed Order, RH/RM. All Agree
Item carried forward from agenda of September 27, 2000.
Item 3. 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.
Approve Fire Protection Plan and Service Contract, RM/RH. All Agree
Item carried forward from agenda of September 27, 2000
Item 4. 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.
Approve Fire Protection Plan and Service Contract, RM/RH. All Agree
Item carried forward from agenda of September 27, 2000
Item 5. Docket No. 2000-0577-DIS. Consideration of approval of District's fire protection plan and services contract as provided for Fort Bend County Municipal Utility District No. 108.
Approve Fire Protection Plan and Service Contract, RM/RH. All Agree
Item carried forward from agenda of September 27, 2000
Item 6. 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.
Approve Fire Protection Plan and Service Contract, RM/RH. All Agree
Item carried forward from agenda of September 27, 2000
Item 7. 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.
Approve Fire Protection Plan and Service Contract, RM/RH. All Agree
Item carried forward from agenda of September 27, 2000
Item 8. 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.
Approve Fire Protection Plan and Services Contract, RM/RH. All Agree
Item carried forward from agenda of September 27, 2000 and October 4, 2000.
Item 9. 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.
Approve Budget, JB/RH. All Agree
Item carried forward from agenda of September 27, 2000 and October 4, 2000
Item 10. 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.
Approve Budget, JB/RH. All Agree


HUSTON
MARQUEZ
BAKER

AGENDA

Wednesday, October 18, 2000

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.

12100 Park 35 Circle

Room 201S, Bldg. E

PUBLIC WATER SUPPLY ENFORCEMENT AGREED ORDERS
Item 1. Docket No. 1999-0564-PWS-E. Consideration of an Agreed Order assessing administrative penalties against Arete Real Estate and Development Company, Inc. dba Port Adventure Inc. in Trinity County; TNRCC ID No. 2280031: 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. (Booker Harrison)
Issue Agreed Order, RM/RH. All Agree
Item 2. Docket No. 1999-1218-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Gary Richter dba Hillside Mobile Home Park in El Paso County; Public Water Supply No. 0710050; for drinking water violations pursuant to Tex. Health & Safety Code ch. 341, Tex. Water Code ch. 13, and the rules of the Texas Natural Resource Conservation Commission. (Elvia Maske, Laurie Eaves)
Issue Agreed Order, RM/RH. All Agree
Item 3. Docket No. 2000-0536-PWS-E. Consideration of an Agreed Order assessing administrative penalties against Inman Christian Center dba Inman Residential Treatment Center in Bexar County; PWS Facility ID No. 0150418; for drinking water violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas Natural Resource Conservation Commission. (Bill Davis, Laurie Eaves)
Issue Agreed Order, RM/RH. All Agree
Item 4. Docket No. 2000-0171-PWS-E. Consideration of an Agreed Order assessing administrative penalties against Bettye Singletary dba Longhorn Ranch Motel in Brewster County; Public Water Supply No. 0220032; for drinking water violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas Natural Resource Conservation Commission. (Clint Pruett, Laurie Eaves)
Issue Agreed Order, RM/RH. All Agree
Item 5. Docket No. 1999-0917-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Coronado Water, Inc. in Deaf Smith County; Public Water Supply ID No. 0590009; for drinking water violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas Natural Resource Conservation Commission. (Julia McMasters, Laurie Eaves)
Issue Agreed Order, RM/RH. All Agree
Item 6. Docket No. 2000-0242-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Council Creek Village, Inc. dba Council Creek Village and South Council Creek No. 2 and Jones-Owen Company dba South Silver Creek I, II, III in Burnet County; Public Water Supply Nos. 0270014, 0270080, and 0270041; for drinking water violations pursuant to Tex. Health & Safety Code ch. 341, Tex. Water Code ch. 13, and the rules of the Texas Natural Resource Conservation Commission. (Jaime Garza, Laurie Eaves)
Issue Agreed Order, RM/RH. All Agree
Item 7. Docket No. 2000-0332-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Steve Laughlin dba Floore's Country Store in Bexar County; Public Water Supply No. 0150347; for drinking water violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas Natural Resource Conservation Commission. (Shawn Stewart, Laurie Eaves)
Issue Agreed Order, RM/RH. All Agree
Item 8. Docket No. 2000-0535-PWS-E. Consideration of an Agreed Order assessing administrative penalties against Delores MacRae dba Glenshores Water Company in Bosque County; PWS ID No. 0180030; for drinking water violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas Natural Resource Conservation Commission. (Bill Davis, Laurie Eaves)
Issue Agreed Order, RM/RH. All Agree
MULTI MEDIA ENFORCEMENT AGREED ORDER
Item 9. Docket No. 2000-0324-MLM-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of City of Dell City in Hudspeth County; PWS ID No. 1150001 and Water Quality Permit No. 0010866-001 (expired); for water quality and drinking water violations pursuant to Tex. Health & Safety Code ch. 341, Tex. Water Code chs. 7 and 26, and the rules of the Texas Natural Resource Conservation Commission. (Rebecca Cervantes, Corey Burke)
Issue Agreed Order, RM/RH. All Agree
AIR ENFORCEMENT AGREED ORDERS
Item 10. Docket No. 2000-0222-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Horticultural Printers, Ltd. dba IntegraColor, Ltd. in Dallas County; Air Account No. DB-1250-P; 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. (Wendy Penland, Tel Croston)
Issue Agreed Order, RM/RH. All Agree
Item 11. Docket No. 2000-0408-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Union Oil Company of California in Andrews and Gaines Counties; Air Account Nos. AB-0015-Q and GA-0135-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, Corey Burke)
Issue Agreed Order, RM/RH. All Agree
Item 12. Docket No. 2000-0401-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Laboratory Tops, Incorporated in Williamson County; Air Account No. WK-0171-T; 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. (Lawrence King, Corey Burke)
Issue Agreed Order, RM/RH. All Agree
Item 13. Docket No. 2000-0628-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Mobil Producing Texas & New Mexico Inc. in Kent County; Air Account No. KE-0007-J; 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. (Kara Dudash, Corey Burke)
Issue Agreed Order, RM/RH. All Agree
Item 14. Docket No. 2000-0591-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Quality Electric Steel Castings, Inc. in Harris County; Air Account No. HG-0599-F; for air quality violations pursuant to the Tex. Health & Safety Code ch. 382, Tex. Water Code ch. 7, and the rules of the Texas Natural Resource Conservation Commission. (Sheila Smith, Corey Burke)
Issue Agreed Order, RM/RH. All Agree
Item 15. Docket No. 2000-0409-AIR-E. Consideration of an Agreed Order assessing administrative penalties against RK Petroleum Corp. in Martin County; TNRCC Air Account No. MF-0117-C; 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, Corey Burke)
Issue Agreed Order, RM/RH. All Agree
Item 16. Docket No. 2000-0388-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Aero-Marine Engineering, Inc. in Jack County; Air Account No. JA-0057-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. (Kara Dudash, Corey Burke)
Issue Agreed Order, RM/RH. All Agree
Item 17. Docket No. 2000-0406-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Dynegy, Inc. dba Dynegy Midstream Services, LP in Ward, Pecos, Crane, and Gaines Counties; TNRCC Air Account Nos. WC-0017-V, PE-0190-V, CY-0019-H, GA-0011-C; 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, Corey Burke)
Issue Agreed Order, RM/RH. All Agree
SUPERFUND
Item 18. Docket No. 2000-1036-SPF. Consideration of an Administrative Order (AO) to conduct remedial activities at the Jensen Drive Scrap State Superfund Site in Houston, Harris County, Texas. (Garrett Arthur, Uche (Ike) Ikemba)
Approve Administrative Order, JB/RM. All Agree
WATER RIGHTS PETITION
Item 19. Docket No. 2000-1102-WR. Consideration of the Hickory Underground Water Conservation District No. 1's petition to amend its creation order by expanding its jurisdiction to include other aquifers present within the District's boundaries. The Hickory Underground Water Conservation District No. 1 was created by the Texas Water Commission on June 9, 1982, in portions of Kimble, Menard, Mason, San Saba, Concho, and McCulloch Counties. This petition was created to conserve, preserve, protect, recharge, and prevent waste of the Hickory aquifer. By this petition, the District requests the authority to also regulate the Paleozoic age aquifers, which are the Mid-Cambrian, the Ellenburger-San Saba, and the Marble Falls aquifer, the Cambrian-age Hickory aquifer, the Cretaceous-age Edward-Trinity Plateau aquifer, and the various discontinuous alluvial aquifers of Quaternary and Recent ages. The Executive Director recommends that the petition be granted because management of the proposed aquifers would be practical and feasible and a benefit to the land and the public in the District. No hearing requests were received.
Approve Petition with change, JB/RH. All Agree
INDUSTRIAL HAZARDOUS WASTE ENFORCEMENT AGREED ORDERS
Item 20. Docket No. 1997-1072-IHW-E. Consideration of an Agreed Order assessing administrative penalties against Schenectady International, Inc., in Brazoria County; TNRCC ID No. 30763; 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. (Booker Harrison)
Issue Agreed Order, RM/JB. All Agree
Item 21. Docket No. 2000-0189-IHW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of ISP Technologies, Inc. in Galveston County; Solid Waste Registration No. 30037; for industrial & hazardous waste violations pursuant to Tex. Health & Safety Code ch. 361, Tex. Water Code chs. 7 and 26, and the rules of the Texas Natural Resource Conservation Commission. (Catherine Sherman, Sushil Modak)
Issue Agreed Order, RM/JB. All Agree
Item 22. Docket No. 2000-0219-IHW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Archer Daniels Midland dba Southern Cotton Oil Mill Company in Lubbock County; IHW Facility ID No. 38951; for industrial & hazardous waste violations pursuant to Texas Solid Waste Disposal Act, Tex. Health & Safety Code ch. 361, Tex. Water Code chs. 7 and 26, and the rules of the Texas Natural Resource Conservation Commission. (Gary Shipp, Sushil Modak)
Issue Agreed Order, RM/JB. All Agree
MUNICIPAL SOLID WASTE ENFORCEMENT AGREED ORDER
Item 23. Docket No. 2000-0485-MSW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of City of Cactus in Moore County; MSW Registration No. 40031; for municipal solid 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. (Bill Davis, Sushil Modak)
Issue Agreed Order, RM/JB. All Agree
ON-SITE SEWAGE FACILITY INSTALLER ENFORCEMENT AGREED ORDER
Item 24. Docket No. 2000-0368-OSI-E. Consideration of an Agreed Order assessing administrative penalties against Charlie F. Supak dba Hwy 21 Septic Systems in Bastrop County; On-Site Sewage Facility Installer ID No. 4683; for water quality violations pursuant to Tex. Health & Safety Code ch. 366, Tex. Water Code ch. 7, and the rules of the Texas Natural Resource Conservation Commission. (Erika Fair, Laurie Eaves)
Issue Agreed Order, RH/JB. All Agree
PETROLEUM STORAGE TANK ENFORCEMENT AGREED ORDERS
Item 25. Docket No. 2000-0191-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Ryder Truck Rental, Inc. in Dallas County; PST Facility ID No. 0042731; 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. (Jorge Ibarra, P.E., David Van Soest)
Issue Agreed Order, RM/RH. All Agree
Item 26. Docket No. 1999-1375-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of G B A K Properties, Inc. dba Exxon Eldridge in Harris County; PST Facility ID No. 0069783; 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. (Trina K. Lewison, David Van Soest)
Issue Agreed Order, RM/RH. All Agree
MODIFY, AFFIRM, OR SET ASIDE UTILITY EMERGENCY ORDER
Item 27. Docket No. 2000-0924-UCR. Consideration to Modify, Affirm, or Set Aside emergency order issued by the Executive Director on August 18, 2000, for Malcolm Bailey as Receiver for Pete Bell Water Systems d/b/a Stonefield Water System and d/b/a Crowley II Acres Water System for an emergency water rate increase under 5.5.08 and 13.4133, Texas Water Code, and 30 Texas Administrative Code 35.202, in Johnson County, Texas.
Continued to November 15, 2000, JB/RH. All Agree
EXECUTIVE SESSION
Item 28. 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 29. 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 30. 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, October 18, 2000

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.

12100 Park 35 Circle

Bldg E. Room 201S

Item 31. Docket No. 1999-1288-PWS-E. Consideration of whether to Modify, Affirm, or Set Aside an Emergency Order issued on October 2, 2000 by the Texas Natural Resource Conservation Commission pursuant to TEX. WATER CODE ch.5, subch.L. The Emergency Order appointed Thomas M. Bruner as temporary manager of the South Midland County Water Systems, Inc. (the "Utility"), owned, operated, and/or managed by South Midland County Water Systems, Inc. and James Sawyer, pursuant to Chapter 13 of the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission, in order to address the abandonment of the Utility by South Midland County Water systems, Inc. and James Sawyer; to ensure continued operation of the Utility; and to provide continuous and adequate services to customers. (Rebecca Nash Petty)
Remand to ED, RH/RM. All Agree


SECOND ADDENDUM TO AGENDA

Wednesday, October 18, 2000

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.

Bldg E. Room 201S

12100 Park 35 Circle

Item 32. Docket Number 2000-1128-IWD. Consideration of application by City of Electra for TPDES permit No. 04245 to authorize the discharge of reverse osmosis reject water into an unnamed tributary of Adams Creek, then to Adams Creek which flows into the Red River below Pease River, designated stream segment 0205. The facility is located one mile east of the intersection of Farm-to-Market Road 370 and State Highway 25, just north of Mount Carmel Road, approximately eight miles north of the City of Electra, Wichita County, Texas. Commission will hear oral arguments, consider requests for hearing or reconsideration; related motions, responses and replies; public comment; and the Executive Director's response to comments. (Cindy Lee/Scottie C. Aplin)
Moved to 1:00 P.M. Agenda. Issue permit and adopt ED's response and amended response to comments, RH/RM. All Agree


THIRD ADDENDUM TO AGENDA

Wednesday, October 18, 2000

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.

Bldg E. Room 201S

12100 Park 35 Circle

Item 33. Docket No. 2000-1146-SIP. Consideration for approval of an Agreed Order with Continental Airlines, Inc. making federally enforceable certain local ozone precursor emission reductions of nitrogen oxides from sources at George Bush Intercontinental Airport. (Kerri Rowland)
Approve Agreed Order with Changes, RH/RM. All Agree
Item 34. Docket No. 2000-1147-SIP. Consideration for approval of a Memorandum of Agreement with the City of Houston, making federally enforceable certain local ozone precursor emission reductions of nitrogen oxides from sources at the Houston Airport System. (Kerri Rowland)
Approve Memorandum of Agreement, RH/RM. All Agree
Item 35. Docket No. 2000-1148-MISC. Consideration for approval and publication of a Commission resolution stating the intent of the Commission to withdraw the proposed rule regarding Ground Support Equipment upon finalization of three agreements with Continental Airlines, Inc., Southwest Airlines Co., and the City of Houston and adoption of those agreements as part of the Houston/Galveston State Implementation Plan. (Kerri Rowland)
Approve publication of Commission resolution, RH/RM. All Agree
Item 36. Docket No. 2000-1149-SIP. Consideration for publication of, and hearing upon, agreements with American Airlines, Inc. and American Eagle Airlines, Inc., Southwest Airlines Co., Dallas/Fort Worth Airport Board, City of Dallas, and City of Fort Worth and corresponding revisions to the State Implementation Plan (SIP) for ozone control. The agreements and revised SIP would make federally enforceable certain local ozone precursor emission reductions of nitrogen oxides from sources at Dallas/Fort Worth International Airport, Dallas Love Field, Fort Worth Alliance Airport, and Fort Worth Meacham International Airport in the DFW nonattainment area. (Kerri Rowland)
Approve publication and hearing, RH/RM. All Agree
Item 37. Docket No. 2000-1150-SIP. Consideration for publication of and hearing upon proposed revisions to the State Implementation Plan (SIP) concerning the attainment demonstration for the Dallas/Fort Worth ozone nonattainment area. The proposed SIP revisions would commit the TNRCC to use MOBILE6 for certain future mobile source emission modeling within 12 to 24 months of the model's release. (Bill Jordan)
Approve publication and hearing, RM/RH. All Agree


AGENDA

Wednesday, October 18, 2000

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

1:00 p.m.

12100 Park 35 Circle

Room 201S, Bldg. E

Item 1. TNRCC Docket No. 1999-0494-PWS-E; SOAH Docket No. 582-00-0639. Consideration of Administrative Law Judge's Proposal for Decision and Order concerning the matter of an enforcement action against Hilltop Estates Water Supply Corp., dba Hilltop Estates Water Supply, for alleged violations of operating a public drinking water system located in Denton County, Texas.
Remanded to Executive Director