| 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 carried forward from agenda of October 18, 2000. | |
| MODIFY, AFFIRM, OR SET ASIDE UTILITY EMERGENCY ORDER | |
| Item 1. | 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 January 10, 2001 | |
HUSTON
MARQUEZ
BAKER
| PRODUCTION AREA AUTHORIZATION | |||
| Item 1. | Docket No. 1997-1063-UIC. Application by URI, Inc. for Production Area Authorization 3, UR02827-031, for the Kingsville Dome Mine Site under existing Permit No. UR02827-001. The Kingsville Dome site is located adjacent to Farm Road 1118 in Kleberg County, Texas, approximately 8 miles southeast of Kingsville and 5 miles east of Ricardo. The authorization would allow injection into specified zones for the purpose of uranium production. The production zone is the Goliad formation at a depth of 420 feet to 810 feet. The Commission will reconsider the application and the hearing requests filed on the application in light of the 53rd Judicial District Court decision reversing the Commission's February 6, 1998 Order that denied the hearing requests and approved the production area authorization, and remanding the matter to the Commission. (Don Redmond/Ben Knape) | ||
| Remand to Executive Director with instructions from Commissioners, JB/RH. All Agree | |||
| AGRICULTURAL ENFORCEMENT AGREED ORDER | |||
| Item 2. | Docket No. 2000-0302-AGR-E. Consideration of an Agreed Order assessing administrative penalties against Tapia Brothers, Inc. and L.T. Moore in Tom Green County; Water Quality Permit No. 0003632; for water quality violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Mark Newman, Cassandra Noble) | ||
| Issue Agreed Order, JB/RM. All Agree | |||
| PUBLIC WATER SUPPLY ENFORCEMENT AGREED ORDERS | |||
| Item 3. | Docket No. 2000-0524-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Eola Water Supply Corporation in Concho County; Public Water Supply No. 0480011; for drinking water quality violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas Natural Resource Conservation Commission. (Jayme Brown, Cassandra Noble) | ||
| Issue Agreed Order, RM/RH. All Agree | |||
| Item 4. | Docket No. 1999-1491-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Macedonia-Eylau Municipal Utility District #1 in Bowie County; Public Water Supply No. 0190012; for drinking water quality violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas Natural Resource Conservation Commission. (Carolyn V. Lind, Cassandra Noble) | ||
| Issue Agreed Order, RM/RH. All Agree | |||
| Item 5. | Docket No. 1999-1503-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Nash in Bowie County; Public Water Supply ID No. 0190006; 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, Cassandra Noble) | ||
| Remand to Executive Director | |||
| Item 6. | Docket No. 1999-1492-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Redwater in Bowie County; Public Water Supply ID No. 0190008; for drinking water quality violations pursuant to Tex. Health & Safety Code ch 341 and the rules of the Texas Natural Resource Conservation Commission. (Carolyn V. Lind, Cassandra Noble) | ||
| Issue Agreed Order, RM/RH. All Agree | |||
| Item 7. | Docket No. 1999-1528-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Rio Grande City in Starr County; Public Water Supply No. 2140018; for drinking water quality violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas Natural Resource Conservation Commission. (Jaime Garza, Cassandra Noble) | ||
| Issue Agreed Order, RM/RH. All Agree | |||
| Item 8. | Docket No. 1999-1489-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Wake Village in Bowie County; Public Water Supply ID No. 0190005; 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, Cassandra Noble) | ||
| Remand to Executive Director | |||
| Item 9. | Docket No. 2000-0610-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Wildewood Water Company, Inc. in Henderson County; Public Water Supply No. 1070149; for drinking water violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas Natural Resource Conservation Commission. (Susan Johnson, Cassandra Noble) | ||
| Issue Agreed Order, RM/RH. All Agree | |||
| Item 10. | Docket No. 2000-0194-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Union Hill Water Supply Corporation in Henderson County; Public Water Supply No. 1070032; for drinking water quality violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas Natural Resource Conservation Commission. (Brian Lehmkuhle, Cassandra Noble) | ||
| Issue Agreed Order, RM/RH. All Agree | |||
| Item 11. | Docket No. 1999-1583-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Alpine in Brewster County; Public Water Supply ID No. 0220001; for drinking water violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas Natural Resource Conservation Commission. (Cynthia Salas, Cassandra Noble) | ||
| Issue Agreed Order, RM/RH. All Agree | |||
| Item 12. | Docket No. 2000-0475-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Ronald Murdock and Jackie Coates dba Bassett Road Mobile Home Park in Anderson County; Public Water Supply No. 0010056; for drinking water quality violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas Natural Resource Conservation Commission. (Brian Lehmkuhle, Cassandra Noble) | ||
| Issue Agreed Order, RM/RH. All Agree | |||
| EDWARDS AQUIFER ENFORCEMENT AGREED ORDER | |||
| Item 13. | Docket No. 2000-0208-EAQ-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Terry Winston in Hays County; No TNRCC Permit; 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, Cassandra Noble) | ||
| Issue Agreed Order, RH/JB. All Agree | |||
| MULTI MEDIA ENFORCEMENT AGREED ORDER | |||
| Item 14. | Docket No. 2000-0800-MLM-E. Consideration of an Agreed Order assessing administrative penalties against Recycling Technologies Inc. dba Quality Materials in Montgomery County; TNRCC ID No. None; for water quality and water rights violations pursuant to Tex. Water Code chs. 11, 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (David Van Soest, Mac Vilas) | ||
| Issue Agreed Order, RM/JB. All Agree | |||
| AIR ENFORCEMENT AGREED ORDERS | |||
| Item 15. | Docket No. 2000-0073-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Marathon Oil Company in Pecos County; Air Account No. PE-0091-B; 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. (Dan Landenberger, Mac Vilas) | ||
| Issue Agreed Order, RM/RH. All Agree | |||
| Item 16. | Docket No. 2000-0645-AIR-E. Consideration of an Agreed Order assessing administrative penalties against the City of Robstown in Nueces County; Air Account Number NE-0035-W; 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. (Audra Baumgartner, Mac Vilas) | ||
| Issue Agreed Order, RM/RH. All Agree | |||
| Item 17. | Docket No. 2000-0224-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Trinity Industries, Incorporated in Tarrant County; Air Acct. No. TA-0469-G; for air quality violations pursuant to Tex. Health & Safety Code chs. 361 and 382, Tex. Water Code ch. 7, and the rules of the Texas Natural Resource Conservation Commission. (Wendy Cooper, Mac Vilas) | ||
| Issue Agreed Order, RM/RH. All Agree | |||
| Item 18. | Docket No. 2000-0556-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Debbie Woods dba Woods Resale Center in Palo Pinto County; Air Account No. PA-0085-R; 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. (Corey M. Burke, Mac Vilas) | ||
| Issue Agreed Order, RM/RH. All Agree | |||
| Item 19. | Docket No. 2000-0096-AIR-E. Consideration of an Agreed Order assessing administrative penalties against F&W Forestry Services, Inc. and New Forestry, LLC in Montgomery County; Air Account Number MQ-0613-H; 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. (Faye Liu, Mac Vilas) | ||
| Remand to Executive Director | |||
| Item 20. | Docket No. 2000-0176-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Acme Brick Company in Denton County; Air Account No. DF-0001-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. (Jorge Ibarra, P.E., Mac Vilas) | ||
| Issue Agreed Order, RM/RH. All Agree | |||
| Item 21. | Docket No. 2000-0529-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Belco Manufacturing Company, Inc. in Bell County; Air Account No. BF-0104-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. (James Jackson, Mac Vilas) | ||
| Issue Agreed Order, RM/RH. All Agree | |||
| Item 22. | Docket No. 1999-1590-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Citation Corporation in Tarrant County; Air Account No. TA-0372-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. (Sheila Smith, Mac Vilas) | ||
| Issue Agreed Order, RM/RH. All Agree | |||
| UTILITY MATTER | |||
| Item 23. | Docket Nos. 1999-1283-UCR and 1999-1285-UCR. Consideration of the Commission approval of the contract entered into by various designated parties concerning the areas to be served by Certificates of Convenience and Necessity Nos. 10339 & 20135 in Montgomery County by the City of Conroe in accordance with Section 13.248 of the Texas Water Code, and consideration of the applications of the City of Conroe to amend its Certificates of Convenience and Necessity Nos. 10339 and 20135 and to decertify a portion of Water Certificate of Convenience and Necessity No. 10350 held by Community Utility Water Company in Montgomery County, Texas. (Fread Houston) | ||
| Approve Agreement, RH/JB. All Agree | |||
| INDUSTRIAL HAZARDOUS WASTE AGREED ORDER | |||
| Item 24. | Docket No. 2000-0708-IHW-E. Consideration of an Amended Agreed Order requiring certain actions of Diamond Shamrock Refining Company, L.P. in Live Oak County; TNRCC ID No. 31553; 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) | ||
| Approve Amended Agreed Order, RM/JB. All Agree | |||
| INDUSTRIAL WASTE DISCHARGE ENFORCEMENT AGREED ORDER | |||
| Item 25. | Docket No. 2000-0329-IWD-E. Consideration of an Agreed Order assessing administrative penalties against Equistar Chemicals, LP in Jefferson County; TPDES Permit No. 00765-001; for water quality 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. (Laura Clark, Cassandra Noble) | ||
| Issue Agreed Order, RH/JB. All Agree | |||
| MUNICIPAL SOLID WASTE ENFORCEMENT AGREED ORDER | |||
| Item 26. | Docket No. 2000-0580-MSW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Jerry Waller dba Jerry Waller Tire Service in Dallas County; Tire Generator No. 17176; Tire Transporter No. 26486; 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. (Rebecca Clausewitz, Craig Fleming) | ||
| Issue Agreed Order, JB/RM. All Agree | |||
| MUNICIPAL WASTE DISCHARGE ENFORCEMENT AGREED ORDERS | |||
| Item 27. | Docket No. 1999-1055-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of City of Devers in Liberty County; NPDES Permit No. TX 0071510 and Water Quality Permit No. 11540-001; for water quality violations pursuant to Chapter 26 of the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Victor Simonds) | ||
| Issue Agreed Order, RM/RH. All Agree | |||
| Item 28. | Docket No. 2000-0415-MWD-E. Consideration of an Agreed Order assessing administrative penalties against Champ's Water Company, Inc. in Harris County; Water Quality Permit No. 12571-001; 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, Cassandra Noble) | ||
| Issue Agreed Order, RM/RH. All Agree | |||
| Item 29. | Docket No. 2000-0379-MWD-E. Consideration of an Agreed Order assessing administrative penalties against Memorial Villages Water Authority in Harris County; TNRCC Water Quality Permit No. 10584-001; for water quality violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Michael De La Cruz, Cassandra Noble) | ||
| Issue Agreed Order, RM/RH. All Agree | |||
| Item 30. | Docket No. 2000-0521-MWD-E. Consideration of an Agreed Order assessing administrative penalties against Porter Municipal Utility District in Harris County; TPDES Permit ID No. 12242-001; for water quality violations pursuant to Tex. Water Code chs. 7 and 26, and the rules of the Texas Natural Resource Conservation Commission. (David Van Soest, Cassandra Noble) | ||
| REPOSTED AS ITEM #47 | |||
| ON-SITE INSTALLER ENFORCEMENT ORDER | |||
| Item 31. | Docket No. 2000-0120-OSI-E. Consideration of an Agreed Order assessing administrative penalties against David C. Pritchard dba Advanced Maintenance in Hays County; TNRCC ID No. OS4852; for on-site sewage installer violations pursuant to Chapter 366 of the Texas Health & Safety Code and the rules of the Texas Natural Resource Conservation Commission. (Becky Petty) | ||
| Issue Agreed Order, RH/JB. All Agree | |||
| ON-SITE SEWAGE INSTALLER DEFAULT ORDER | |||
| Item 32. | Docket No. 2000-0233-OSS-E. Consideration of a Default Order assessing administrative penalties against Timothy Poole in Wood County; TNRCC ID No. 14700; for on-site sewage installer violations pursuant to Chapter 366 of the Texas Health & Safety Code and the rules of the Texas Natural Resource Conservation Commission. (David Speaker) | ||
| REPOSTED AS ITEM #50 | |||
| ON-SITE SEWAGE FACILITY INSTALLER AGREED ORDER | |||
| Item 33. | Docket No. 2000-0165-OSI-E. Consideration of an Agreed Order assessing administrative penalties against Rene Cadena dba Rene's Septic & Backhoe Service in Jim Wells County; On-Site Sewage Facility Installer Certification No. OS7555; for occupational certification violations pursuant to Tex. Health & Safety Code ch. 366, Tex. Water Code ch. 7, and the rules of the Texas Natural Resource Conservation Commission. (John Mead, Cassandra Noble) | ||
| REMANDED TO ED SUBMITTED IN ERROR | |||
| PETROLEUM STORAGE TANK ENFORCEMENT AGREED ORDERS | |||
| Item 34. | Docket No. 1999-0391-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Phuong Thi Jamali in Tarrant County; TNRCC ID No. 0035855; for petroleum storage tank violations pursuant to Chapter 7 of the Texas Water Code, Chapter 382 of the Texas Health & Safety Code, and the rules of the Texas Natural Resource Conservation Commission. (David Speaker) | ||
| Issue Agreed Order, JB/RH. All Agree | |||
| Item 35. | Docket No. 2000-0424-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Balch Oil Co., Inc. and Robert Ramirez dba King's Food & Gas in Lubbock County; PST Facility ID No. 12215; for petroleum storage tank violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Gary Shipp, Craig Fleming) | ||
| Issue Agreed Order, JB/RH. All Agree | |||
| MOTION TO OVERTURN | |||
| Item 36. | Docket No. 2000-1158-MSW. Consideration of a Motion to Overturn filed by numerous citizens and Olympic Waste Systems, a division of Allied Waste Services, Inc., concerning the Executive Director's approval of a modification of IESI TX Corporation, Permit No. MSW-1249, which authorizes a Class 1 MSW landfill in Rusk County. | ||
| Deny Motion to Dismiss, JB/RH. All Agree. Deny Motion to Overturn, JB/RH. All Agree | |||
| TEXAS SURFACE WATER QUALITY STANDARDS | |||
| Item 37. | Docket No. 2000-1205-MIS. Consideration for approval of the 2000 document, Procedures to Implement the Texas Surface Water Quality Standards. This document is a revision to the Continuing Planning Process document. The Rule which this document implements, 30 TAC Chapter 307, Texas Surface Water Quality Standards, was approved by the commission on August 17, 2000. This document must also be submitted to EPA for approval. The Implementation Procedures describe how standards are generally applied to certain permitting situations. (Faith Hambleton) | ||
| Approve Staff Recommendation, RH/JB. All Agree | |||
| RULES | |||
| Item 38. | Docket No. 2000-0729-RUL. Consideration for adoption of the following new sections of 30 TAC Chapter 311, Watershed Protection: | ||
| Subchapter A. Lakes Travis and Austin Water Quality | |||
| Section 311.6, Allowable Storm Water Runoff and Certain Non-Storm Water Discharges | |||
| Subchapter B. Lakes Inks and Buchanan Water Quality | |||
| Section 311.16, Allowable Storm Water Runoff and Certain Non-Storm Water Discharges | |||
| Subchapter F. Lakes Lyndon B. Johnson and Marble Falls Water Quality | |||
| Section 311.56, Allowable Storm Water Runoff and Certain Non-Storm Water Discharges | |||
| If approved, the adopted rules will allow the issuance of permits authorizing storm water discharges and certain other non-storm water discharges into the subject lakes. This proposal was published in the August 25, 2000, issue of the Texas Register (25 TexReg 8322). (Steve Ligon and Mary Ambrose) (Rule Log No. 2000-010-311-WT) | |||
| Approve adoption of rules, RH/JB. All Agree | |||
| Item 39. | Docket No. 2000-0691-RUL. Consideration for adoption of amendments to the following sections of 30 TAC Chapter 39, Public Notice: | ||
| Amended Section 39.15 | Public Notice Not Required for Certain Types of Applications | ||
| Amended Section 39.251 | Application for Injection Well Permit | ||
| Amended Section 39.651 | Application for Injection Well Permit | ||
| The amendments modify the requirements to notify mineral rights owners near injection wells of applications for new permits, major amendments, permit renewals, and public hearings of Class I underground injection wells. In addition, the amendments modify the newspaper publication requirements for underground injection well applications. The proposed rules were published in the August 11, 2000 issue of the Texas Register (25 TexReg 7485). (Devane Clarke/Lara Nehman/Auburn Mitchell) (Rule Log No. 1999-071-039-WS) | |||
| Approve adoption of rules, RM/JB. All Agree | |||
| Item 40. | Docket No. 2000-1089-RUL. Consideration for publication of the proposed amendment to 30 TAC Chapter 328, Waste Minimization and Recycling; Section 328.71, Closure Cost Estimate for Financial Assurance. | ||
| This proposed revision to Chapter 328 would replace a cross-reference to 30 TAC Chapter 37, Waste Minimization and Recycling; Subchapter M, Financial Assurance Requirements for Scrap Tire Sites, to correctly identify the location of financial assurance requirements for scrap tire sites. (David T. Williams) (Rule Log No. 1999-083-328-WS) | |||
| Approve publication, RM/JB. All Agree | |||
| Item 41. | Docket No: 2000-1161-RUL. Consideration for publication of the following proposed amended section of 30 TAC Chapter 305, Consolidated Permits and amended and new sections in 30 TAC Chapter 335, Industrial Solid Waste and Municipal Hazardous Waste: | ||
| Amended | Section 305.69 Solid Waste Permit Modification at the Request of the Permittee | ||
| Amended | Section 335.1 Definitions | ||
| Amended | Section 335.41 Purpose, Scope and Applicability | ||
| Amended | Section 335.61 Purpose, Scope and Applicability | ||
| Amended | Section 335.91 Scope | ||
| Amended | Section 335.111 Purpose, Scope and Applicability | ||
| Amended | Section 335.112 Standards | ||
| Amended | Section 335.152 Standards | ||
| New | Section 335.271 Purpose, Scope and Applicability | ||
| New | Section 335.272 Standards | ||
| The proposed rules include revisions to the commission's rules to address changes made to the federal hazardous waste regulations concerning military munitions, and includes administrative revisions, improvements to readability, and correction of internal cross-references. (Ray Austin/Marilyn Querejazu/Parker Wilson) (Rule Log No. 1999-080-305-WS). | |||
| See Item # 48 Reposted | |||
| Item 42. | Docket No. 2000-1160-RUL. Consideration for publication of a proposed amendment to 30 TAC Chapter 335, Industrial Solid Waste and Municipal Hazardous Waste, Section 335.1, Definitions. | ||
| The proposed amendment would incorporate new exemptions relating to the definition of "solid waste," including an exemption relating to the recycling of certain nonhazardous materials, and other changes and corrections conforming to certain federal hazardous waste regulations. (Ray Austin/Elaine Adams/Jesse Boultinghouse) (Rule Log No. 1997-174-335-WS) | |||
| Approve publication, RM/RH. All Agree | |||
| Item 43. | Docket No. 2000-1157-RUL: Consideration for publication of a proposed amendment to 30 TAC Chapter 335, Industrial Solid Waste and Municipal Hazardous Waste, Section 335.69, Accumulation Time. | ||
| The proposed rule includes revisions to the commission's rules to address changes made to the federal hazardous waste regulations under Title 40 Code of Federal Regulations, Section 262.34, relating to Accumulation Time, and includes cross-reference corrections and administrative and formatting changes. (Ray Austin/Marilyn Querejazu/Lara Nehman) (Rule Log No. 2000-045-335-WS) | |||
| Approve publication, JB/RM. All Agree | |||
| EXECUTIVE SESSION | |||
| Item 44. | 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 45. | 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 46. | 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 | |||
| (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. | |||
| Item 47. | Docket No. 2000-0521-MWD-E. Consideration of an Agreed Order assessing administrative penalties against Porter Municipal Utility District in Montgomery County; TPDES Permit ID No. 12242-001; for water quality violations pursuant to Tex. Water Code chs. 7 and 26, and the rules of the Texas Natural Resource Conservation Commission. (David Van Soest, Cassandra Noble) |
| Issue Agreed Order, RM/RH. All Agree | |
| Item 48. | Docket No: 2000-1161-RUL. Consideration for publication of the following proposed amended section of 30 TAC Chapter 305, Consolidated Permits and amended and new sections in 30 TAC Chapter 335, Industrial Solid Waste and Municipal Hazardous Waste: | |
| Amended | Section 305.69 Solid Waste Permit Modification at the Request of the Permittee | |
| Amended | Section 335.1 Definitions | |
| Amended | Section 335.41 Purpose, Scope and Applicability | |
| Amended | Section 335.61 Purpose, Scope and Applicability | |
| Amended | Section 335.91 Scope | |
| Amended | Section 335.111 Purpose, Scope and Applicability | |
| Amended | Section 335.112 Standards | |
| Amended | Section 335.152 Standards | |
| New | Section 335.271 Purpose, Scope and Applicability | |
| New | Section 335.272 Standards | |
| The proposed rules include revisions to the commission's rules to address changes made to the federal hazardous waste regulations concerning military munitions, and includes administrative revisions, improvements to readability, and correction of internal cross-references. The proposed rules also include requirements involving military and non-military facilities, personnel, munitions, and explosives. (Ray Austin/Marilyn Querejazu/Parker Wilson) (Rule Log No. 1999-080-305-WS). | ||
| Issue publication, RM/RH. All Agree | ||
| Item 49. | Docket No. 2000-0969-RUL. Consideration for publication of, and hearing upon, the following new sections to 30 TAC Chapter 101, General Air Quality Rules and 30 TAC Chapter 117, Control of Air Pollution from Nitrogen Compounds: | |
| Section 101.380, Definitions | ||
| Section 101.382, Applicability | ||
| Section 101.383, General Provisions | ||
| Section 101.385, Recordkeeping and Reporting | ||
| Section 117.109, System Cap Flexibility | ||
| Section 117.110, Change of Ownership - System Cap | ||
| Section 117.139, System Cap Flexibility | ||
| The proposed new sections would add flexibility to the trading of nitrogen oxides emissions in the Dallas/Fort Worth nonattainment area by allowing the exceedence of a system emissions cap, provided emission reductions are obtained from another participant in a system cap to offset the exceedence. The new sections will be submitted as revisions to the state implementation plan. (Matt Baker/Beecher Cameron) (Rule Log No. 2000-046-101-AI). | ||
| Approve publication, RH/RM. All Agree | ||
THIRD ADDENDUM TO AGENDA
Wednesday, November 15, 2000
TEXAS NATURAL RESOURCE CONSERVATION COMMISSION
9:30 a.m.
Bldg E. Room 201S
12100 Park 35 Circle
| Item 50. | Docket No. 2000-0233-OSS-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Timothy Poole in Wood County; TNRCC ID No. 14700; for on-site sewage installer violations pursuant to Chapter 366 of the Texas Health & Safety Code and the rules of the Texas Natural Resource Conservation Commission. (David Speaker) |
| Issue Default Order, RH/JB. All Agree | |
FOURTH ADDENDUM TO AGENDA
Wednesday, November 15, 2000
TEXAS NATURAL RESOURCE CONSERVATION COMMISSION
9:30 a.m.
Bldg E. Room 201S
12100 Park 35 Circle
| Item 51. | Docket No. 2000-1286-SIP. Consideration for publication of, and hearing upon, an agreement with the City of Fort Worth, 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 Meacham and Alliance Airports in Fort Worth, Tarrant County, Texas. (Kerri Rowland) |
| Approve publication and hearing on agreement, RH/JB. All Agree | |
AGENDA
Wednesday, November 15, 2000
TEXAS NATURAL RESOURCE CONSERVATION COMMISSION
1:00 p.m.
12100 Park 35 Circle
Room 201S, Bldg. E
| Item 1. | TNRCC Docket No. 1999-0280-PST-E; SOAH Docket No. 582-00-0544. Consideration of an Administrative Law Judge's Proposal for Decision and Order assessing administrative penalties against and requiring certain actions of Hak Y. Leav dba Powell's Grocery, Diana Powell Lewis, and/or Theresa May Powell in Henderson County for alleged petroleum storage tank violations pursuant to the Texas Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. |
| Accept Executive Director's Exceptions and strike Conclusion of Law 33 & 34, adopt proposal for decision and amend order as recommended by Chairman, RH/RM. All Agree | |
| Item 2. | TNRCC Docket No. 1999-0647-PST-E; SOAH Docket No. 582-00-0857. Consideration of an Administrative Law Judge's Proposal for Decision and Order assessing administrative penalties against and requiring certain actions of Mana, Inc. in Fort Bend County for alleged petroleum storage tank violations pursuant to the Texas Water Code ch. 7, Texas Health & Safety Code ch. 382, and the rules of the Texas Natural Resource Conservation Commission. |
| Adopt Administrative Law Judge's proposal for decision and issue order, with opportunity to pay penalty in twelve monthly payments, RM/RH. All Agree | |