TNRCC Commission Agenda 24 January 2001

AGENDA

Wednesday, January 24, 2001

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

Wednesday, January 24, 2001

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.
Bldg E. Room 201S
12100 Park 35 Circle

	Item carried forward from Agenda of January 10, 2001.

Item 1.	Docket No. 2000-1033-RUL. Consideration for the adoption of the rules review and readoption of 30 TAC Chapter 301, Levee Improvement Districts, District Plans of Reclamation, and Levees and Other Improvements. This review is in accordance with Texas Government Code, Section 2001.039, and the General Appropriations Act, Article IX, Sections 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 November 3, 2000 issue of the Texas Register (25 TexReg 11110). (Auburn Mitchell) (Rule Log No. 2000-024-301-WT

Approve adoption of the rules review and readopt 30 TAC Chapter 301, RH/JB. All Agree

ADDENDUM TO OLD BUSINESS AGENDA

Wednesday, January 24, 2001

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.
Bldg E. Room 201S
12100 Park 35 Circle

	Item carried forward from agenda of January 10, 2001.

	MODIFY, AFFIRM, OR SET ASIDE EMERGENCY ORDER

Item 2.	Docket No. 2000-1314-PWS-E. Consideration of whether to Modify, Affirm, or Set Aside an Emergency Order issued on November 10, 2000 by the Executive Director of the Texas Natural Resource Conservation Commission ("TNRCC") pursuant to Tex. Water Code Section 5.501(c)(1). The Emergency Order appointed John Fultz as temporary manager of the Emmes Bay Oaks Harbor I, LLC dba Bay Oaks Harbor Subdivision retail public utility ("Utility") pursuant to ch. 13 of the Tex. Water Code and the rules of the TNRCC, to address the abandonment of the Utility by Emmes Bay Oaks Harbor I, LLC dba Bay Oaks Harbor Subdivision; to ensure continued operation of the Utility; and to provide continuous and adequate service to customers. (Joshua M. Olszewski)

Set aside emergency order, RH/RM. All Agree

HUSTON
MARQUEZ
BAKER

AGENDA

Wednesday, January 24, 2001

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.
Bldg E. Room 201S
12100 Park 35 Circle

	PUBLIC WATER SUPPLY ENFORCEMENT AGREED ORDERS

Item 1.	Docket No. 2000-0884-PWS-E. Consideration of an Agreed Order assessing administrative penalties against the City of Driscoll in Nueces County; Public Water Supply ID No. 1780012; for drinking water quality violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas Natural Resource Conservation Commission. (Cynthia Salas, Karen Berryman)

Issue agreed order, JB/RM. All Agree

Item 2.	Docket No. 2000-0414-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Benjamin Sanjuan dba Golden Carriage Mobile Home Park in Harris County; Public Water Supply ID No. 1010560; for drinking water quality violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas Natural Resource Conservation Commission. (Catherine Albrecht, Karen Berryman)

Issue agreed order, JB/RM. All Agree

Item 3.	Docket No. 2000-0476-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of O. C. Property Owners Association in Bandera County; Public Water Supply No. 0100063 and Certificate of Convenience and Necessity No. 12271; for drinking water quality violations pursuant to Tex. Health & Safety Code ch. 341, Tex. Water Code chs. 5, 7 and 13, and the rules of the Texas Natural Resource Conservation Commission. (Brian Lehmkuhle, Karen Berryman)

Issue agreed order, JB/RM. All Agree

Item 4.	Docket No. 2000-0540-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of West Jefferson County Municipal Water District in Jefferson County; Public Water Supply ID No. 1230021; for drinking water quality violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas Natural Resource Conservation Commission. (Laura Clark, Karen Berryman)

Issue agreed order, JB/RM. All Agree

Item 5.	Docket No. 2000-0716-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Angus Water Supply Corporation in Navarro County; Public Water Supply No. 1750010; for drinking water quality violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas Natural Resource Conservation Commission. (Jorge Ibarra, P.E., Karen Berryman)

Remanded to Executive Director

Item 6.	Docket No. 2000-0626-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of The City of Bells in Grayson County; Public Water Supply No. 0910001; for drinking water quality violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas Natural Resource Conservation Commission. (Merrilee Gerberding, Karen Berryman)

Issue agreed order, JB/RM. All Agree

	MULTI-MEDIA ENFORCEMENT AGREED ORDER

Item 7.	Docket No. 2000-0471-MLM-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of American Freightways Corporation in Williamson County; Edwards Aquifer Protection Program No. 98101201; for Edwards Aquifer Program and petroleum storage tank violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Lawrence King, Carl Schnitz)

Issue agreed order, RM/RH. All Agree

	AIR ENFORCEMENT AGREED ORDERS

Item 8.	Docket No. 2000-0587-AIR-E. Consideration of an Agreed Order assessing administrative penalties against DJLJ Corporation dba Tank Wash USA in Harris County; Air Account No. HG-3448-Q; 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, Suzanne Walrath)

Issue agreed order, RM/JB. All Agree

Item 9.	Docket No. 2000-0854-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Diamond-Koch in Chambers County; Air Account No. CI-0025-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. (Stacey Young, Carl Schnitz)

Issue agreed order, RM/JB. All Agree

Item 10.	Docket No. 2000-0412-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Equilon Pipeline Company, LLC in Harris County; Air Account No. HG-0660-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. (Tel Croston, Carl Schnitz)

Issue agreed order, RM/JB. All Agree

Item 11.	Docket No. 2000-0902-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Forcenergy, Inc. in Aransas County; TNRCC Air Account Number AD-0045-I; 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. (Carol McGrath, Carl Schnitz)

Issue agreed order, RM/JB. All Agree

Item 12.	Docket No. 2000-0778-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Mr. Kevin Ashlock dba Red River Sales in Fannin County; Air Account No. FB-0075-F; 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. (Melinda Houlihan, Carl Schnitz)

Issue agreed order, RM/JB. All Agree

Item 13.	Docket No. 2000-0473-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Alan Ritchey, Incorporated in Cooke County; Air Account No. CV-0020-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. (Sheila Smith, Carl Schnitz)

Issue agreed order, RM/JB. All Agree

Item 14.	Docket No. 2000-0753-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Mr. Fred Bankhead dba Gold Nugget Motor Company in Parker County; Air Account No. PC-0272-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. (Jorge Ibarra, P.E., Carl Schnitz)

Issue agreed order, RM/JB. All Agree

Item 15.	Docket No. 2000-0838-AIR-E. Consideration of an Agreed Order assessing administrative penalties against TOSCO Corporation in El Paso County; Air Account Nos. EE-1030-E, EE-1044-Q, EE-1943-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. (Rebecca Cervantes, Carl Schnitz)

Issue agreed order, RM/JB. All Agree

Item 16.	Docket No. 2000-0563-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Varco Shaffer, Incorporated in Harris County; Air Account No. HG-0509-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. (Carl Schnitz)

Issue agreed order, RM/JB. All Agree

Item 17.	Docket No. 2000-0855-AIR-E. Consideration of an Agreed Order assessing administrative penalties against West Texas Utilites Company in Wilbarger County; Air Account No. WI-0025-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. (Stacey Young, Carl Schnitz)

Issue agreed order, RM/JB. All Agree

Item 18.	Docket No. 2000-0901-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Mr. Darrell Johnson dba Weatherford Truck Sales in Parker County; Air Account No. PC-0285-I; 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 Cooper, Carl Schnitz)

Issue agreed order, RM/JB. All Agree

Item 19.	Docket No. 2000-0643-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Williams Field Services Company in Refugio and Bee Counties; Air Account Numbers RG-0034-D and BE-0028-D; 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, Carl Schnitz)

Issue agreed order, RM/JB. All Agree

Item 20.	Docket No. 2000-0321-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Arch Chemicals, Inc. in Jefferson County; Air Account No. JE-0073-N; 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, Carl Schnitz)

Issue agreed order, RM/JB. All Agree

	AIR ENFORCEMENT DEFAULT ORDER

Item 21.	Docket No. 1999-1474-AIR-E. Consideration of a Default Order assessing administrative penalties against and requiring certain actions of Adolpho Ramirez dba Ramirez Body Shop in Harris County; TNRCC ID No. HX-2283-P/001; for air violations pursuant to the Texas Clean Air Act, ch. 382 of the Tex. Health & Safety Code, and the rules of the Texas Natural Resource Conservation Commission. (David Speaker)

Issue default order, RH/RM. All Agree

	INDUSTRIAL HAZARDOUS WASTE ENFORCEMENT AGREED ORDERS

Item 22.	Docket No. 2000-0519-IHW-E. Consideration of an Agreed Order assessing administrative penalties against Equistar Chemicals, L.P. in Harris County; Solid Waste Registration No. 85436; for industrial & hazardous waste violations pursuant to Tex. Health & Safety Code chs. 341 and 361, Tex. Water Code ch. 7, and the rules of the Texas Natural Resource Conservation Commission. (Catherine Sherman, Gilbert Angelle)

Issue agreed order, RM/RH. All Agree

Item 23.	Docket No. 2000-0665-IHW-E. Consideration of an Agreed Order assessing administrative penalties against LBC PetroUnited, Inc. in Harris County; Industrial and Solid Waste Registration No. 30985; 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, Gilbert Angelle)

Issue agreed order, RM/RH. All Agree

	INDUSTRIAL WASTE DISCHARGE ENFORCEMENT AGREED ORDERS

Item 24.	Docket No. 2000-0505-IWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Excel Corporation in Hale County; Water Quality Permit No. 01463-001; for water quality violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Gary Shipp, Karen Berryman)

Issue agreed order, RM/RH. All Agree

Item 25.	Docket No. 2000-0590-IWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Thanh Van Nguyen dba St. Martin's Seafood in Calhoun County; NPDES Permit No. TX0113379; for water quality violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Corey M. Burke, Karen Berryman)

Issue agreed order, RM/RH. All Agree

	MUNICIPAL WASTE DISCHARGE ENFORCEMENT AGREED ORDERS

Item 26.	Docket No. 2000-0427-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Gilmer in Upshur County; Water Quality Permit No. 10457-001 and National Pollution Discharge Elimination System Permit No. TX0025569; 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, Karen Berryman)

Issue agreed order, RM/JB. All Agree

Item 27.	Docket No. 2000-0380-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Mount Calm in Hill County; TPDES and Water Quality Permit No. 11464-001; 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, Karen Berryman)

Issue agreed order, RM/JB. All Agree

Item 28.	Docket No. 2000-0998-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Brazoria in Brazoria County; Texas Pollutant Discharge Elimination System Permit No. 10133-001; 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, Karen Berryman)

Issue agreed order, RM/JB. All Agree

Item 29.	Docket No. 2000-0681-MWD-E. Consideration of an Agreed Order assessing administrative penalties against Cypress Hill Municipal Utility District #1 in Harris County; Water Quality Permit No. WQ0012327-001; 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, Karen Berryman)

Issue agreed order, RM/JB. All Agree

	PETROLEUM STORAGE TANK ENFORCEMENT AGREED ORDERS

Item 30.	Docket No. 1999-0870-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Green Ribbon Enterprises, Inc. dba Kwik Serve in Montgomery County; PST Facility ID No. 0004696; 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. (Steven Lopez, Gilbert Angelle)

Issue agreed order, RM/RH. All Agree

Item 31.	Docket No. 2000-0477-PST-E. Consideration of an Agreed Order assessing administrative penalties against Brazoria Interests, Inc. dba K & S Jiffy Mart #1 in Brazoria County; PST Facility ID No. 0071768; 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, Gilbert Angelle)

Issue agreed order, RM/RH. All Agree

Item 32.	Docket No. 2000-0549-PST-E. Consideration of an Agreed Order assessing administrative penalties against Mr. Robert Davis dba Davis Store in DeWitt County; Petroleum Storage Tank Facility ID No. 45921; for petroleum storage tank violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Audra Baumgartner, Gilbert Angelle)

Issue agreed order, RM/RH. All Agree

Item 33.	Docket No. 1998-0582-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Helen Ables in McLennan County; TNRCC ID Nos. 40950, 40951, 40952, 40953, 40954, and 40955; for petroleum storage tank violations pursuant to ch. 26 of the Tex. Water Code and the rules of the Texas Natural Resource Conservation Commission. (Rebecca Nash Petty)

Reposted as #43

	AGRICULTURAL ENFORCEMENT AGREED ORDER

Item 34.	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; ENF ID No. 13683; for dairy operation water quality violations pursuant to ch. 26 of the Tex. Water Code and the rules of the Texas Natural Resource Conservation Commission. (Rebecca Nash Petty)

Issue agreed order, JB/RH. All Agree

	MUNICIPAL SOLID WASTE

Item 35.	Docket No. 2000-1299-MSW. Consideration of nomination and appointment of an individual to the Municipal Solid Waste Management and Resource Recovery Advisory Council. (Gary Trim)

Appoint Dennis Webster, Lufkin Texas, RH/JB. All Agree

	DISTRICT MATTERS

Item 36.	Docket No. 2000-1249-DIS. Consideration of a proposed order approving the petition of Cypress Realty, Inc., a landowner, for dissolution of Galveston County Municipal Utility District No. 9 (District). The petitioner requests the Commission dissolve the district pursuant to Tex. Water Code, Sections 49.321 to 49.327. (TNRCC Internal Control No. 10252000-D01; Rob Cummins)

Approve proposed order approving petition, RM/RH. All Agree

Item 37.	Docket No. 1999-0474-DIS. Consideration of a proposed order approving the application of Engleman Irrigation District of Hidalgo County for Authorization to Proceed under the Federal Bankruptcy Code Pursuant to V.T.C.A., Water Code 49.456. (TNRCC Internal Control No. 080598-D01; Diego Abrego)

Continued February 21, 2001

	RULES

Item 38.	Docket No. 2000-1068-RUL. Consideration for the adoption of the rules review and readoption of 30 TAC Chapter 279, Water Quality Certification. This review is in accordance with Texas Government Code, Section 2001.039, and the General Appropriations Act, Article IX, Sections 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 November 24, 2000 issue of the Texas Register (25 TexReg 11677). (Auburn Mitchell) (Rule Log No. 2000-030-279-WT)

Approve adoption of the rules review and readoption of 30 TAC Chapter 279, RH/JB. All Agree

Item 39.	Docket No. 2000-0917-RUL. Consideration for the adoption of the rules review and readoption of 30 TAC Chapter 311, Watershed Protection. 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 November 17, 2000 issue of the Texas Register (25 TexReg 11528). (Auburn Mitchell) (Rule Log No. 2000-027-311-WT)

Approve adoption of the rules review and readoption of 30 TAC Chapter 311, JB/RM. All Agree

	EXECUTIVE SESSION

Item 40.	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 41.	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 42.	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.

ADDENDUM TO AGENDA

Wednesday, January 24, 2001

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.
Bldg E. Room 201S
12100 Park 35 Circle

Item 43.	Docket No. 1998-0582-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Helen Ables in McLennan and Hill Counties; TNRCC ID Nos. 40950, 40951, 40952, 40953, 40954, and 40955; for petroleum storage tank violations pursuant to Chapter 26 of the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Rebecca N. Petty)


Issue agreed order, RM/RH. All Agree

Item 44.	Docket No. 2000-1431-RUL. Consideration for publication of, and hearing on, proposed amendments to 30 TAC Chapter 331, Underground Injection Control:

	Subchapter G. Consideration Prior to Permit Issuance Section 331.121, Class I Wells

	Subchapter J. Standards for Class I Salt Cavern Solid Waste Disposal Wells Section 331.161, Applicability Section 331.163, Well Construction Standards

	If approved, the proposed amendments would clarify the type of information needed to demonstrate a thorough geologic characterization of the salt dome. Currently, a three-dimensional seismic survey is required to image underneath all suspected overhangs and to delineate the edge of the salt stock. The proposed amendments will change this requirement to a more localized three-dimensional seismic survey over the proposed salt cavern location. The localized seismic survey is part of a demonstration to establish the geologic suitability of a proposed location of a salt cavern Class I injection well. (Melissa Estes/Kathryn Herzog) (Rule Log No. 2000-053-331-WT)

Continued to February 7, 2001, RH/RM. All Agree

SECOND ADDENDUM TO AGENDA

Wednesday, January 24, 2001

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.
Bldg E. Room 201S
12100 Park 35 Circle

Item 45.	Docket No. 2000-1314-PWS-E. Consideration of whether to Issue an Emergency Order pursuant to Tex. Water Code 5.501(c)(1). The Emergency Order would appoint John Fultz as temporary manager of the Bay Oaks Harbor Subdivision retail public utility ("Utility") pursuant to ch. 13 of the Texas Water Code and the rules of the TNRCC, to ensure continued operation of the Utility and to provide continuous and adequate service to customers. (Joshua Olszewski)

Issue emergency order with changes as requested, RH/RM. All Agreed

OLD BUSINESS

Wednesday, January 24, 2001

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

1:00 p.m.
Bldg E. Room 201S
12100 Park 35 Circle

	Item carried forward from agenda of December 20, 2000

Item 1.	TNRCC Docket No. 1999-0481-AGR; SOAH Docket No. 582-99-0639. Consideration of the Administrative Law Judge's Proposal for Decision and Proposed Order concerning the application of Joe Cordell and John Heavyside, dba Lledroc Farms-West, for a Texas Pollution Discharge Elimination System Permit to increase the operation of their dairy in Erath County, Texas.

Dismiss application with prejudice, JB/RH. All Agree

AGENDA

Wednesday, January 24, 2001

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

1:00 p.m.
Bldg E. Room 201S
12100 Park 35 Circle

Item 1.	TNRCC Docket No. 2000-0116-UIC; SOAH Docket No. 582-00-0405. Consideration of the Administrative Law Judge's Proposal for Decision and Proposed Order concerning the application by Environmental Processing Systems, LC to amend permits WDW-316 and WDW-317 for it's facilities located in Liberty County, Texas.

General Counsel by letter dated December 11, 2000, continued item to February 7, 2001

Item 2.	TNRCC Docket No. 2000-0512-MIS; SOAH Docket No. 582-00-1523. Consideration of the administrative law judge's proposal for decision and proposed order concerning the executive director (ed), the city of grey forest (grey forest), and numerous citizens' petition to designate part of bexar county as a priority groundwater management area.

Reposted as item # 5

Item 3.	Docket No. 2000-1410-SLG. Consideration of Motions to Overturn filed by the Executive Director, Elan Development Company, and Richard Doerhring, et al, concerning the Executive Director's approval of the application by J.H. Caldwell for Sludge Registration No. 710609. Registration 710609 would regulate the beneficial use of sludge on 330.8 acres located approximately 2.5 miles southeast of the intersection of State Highway 6 and FM Road 521 on the county line of Fort Bend and Brazoria Counties.

Grant motion to overturn, RH/JB. All Agree

ADDENDUM TO AGENDA

Wednesday, January 24, 2001

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

1:00 p.m.
12100 Park 35 Circle
Bldg E. Room 201S

Item 4.	Docket No. 2000-0148-UCR. Consideration of a Motion for Reconsideration/Motion to Overturn filed by the City of Gainesville concerning the Executive Director's approval of an amendment to Certificate of Convenience and Necessity No. 10253 issued to Woodbine Water Supply Corporation in Cooke and Grayson Counties, Texas pursuant to Chapters 5 and 13 of the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission.

Grant motion to overturn, RM/RH. All Agree

SECOND ADDENDUM TO AGENDA

Wednesday, January 24, 2001

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

1:00 p.m.
Bldg E. Room 201S
12100 Park 35 Circle

Item 5.	TNRCC Docket No. 2000-0512-MIS; SOAH Docket No. 582-00-1523. Consideration of the Administrative Law Judge's Proposal for Decision and Order concerning the Executive Director's Report and Recommendations on the Designation of Northern Bexar County as a Priority Groundwater Management Area.

Adopt ALJ's Proposal for Decision and Issue Order as modified by commissioner's, JB/RH. All Agree