HUSTON
MARQUEZ
BAKER

AGENDA

Wednesday, February 21, 2001

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

8:30 a.m.
Bldg E. Room 201S
12100 Park 35 Circle

Item 1. Docket No. 1998-1154-EXE. The Commission will meet in closed session to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of the Commission's Executive Director, as permitted by Section 551.074 of the Texas Open Meetings Act, Chapter 551 of the Government Code. The Commission may also meet in open session to take action on this matter as required by Section 551.102 of the Texas Open Meetings Act, Chapter 551 of the Government Code.
No Action Taken
Item 2. Docket No. 1999-0024-EXE. THE COMMISSION WILL CONDUCT A CLOSED MEETING TO RECEIVE LEGAL ADVICE AND WILL DISCUSS PENDING OR CONTEMPLATED LITIGATION, SETTLEMENT OFFERS, AND/OR THE APPOINTMENT, EMPLOYMENT, EVALUATION, REASSIGNMENT, DUTIES, DISCIPLINE OR DISMISSAL OF SPECIFIC COMMISSION EMPLOYEES, AS PERMITTED BY Sections 551.071 and 551.074, the Open Meetings Act, codified as Chapter 551 of the Government Code. No final action, decision or vote with regard to any legal or personnel matter considered in the closed meeting shall be made in the absence of further notice issued in accordance with Chapter 551 of the Government Code.
No Action Taken
Item 3. Docket No. 1999-0025-EXE. THE COMMISSION WILL CONDUCT A CLOSED SESSION TO DISCUSS THEIR DUTIES, ROLES, AND RESPONSIBILITIES AS COMMISSIONERS OF THE TNRCC PURSUANT TO SECTION 551.074 OF THE OPEN MEETINGS ACT, CODIFIED AS CHAPTER 551 OF THE GOVERNMENT CODE. The Commission may also meet in open session to take action on this matter as required by Section 551.102 of the Texas Open Meetings Act, Chapter 551 of the Government Code.
No Action Taken


OLD BUSINESS AGENDA

Wednesday, February 21, 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 24, 2001 and February 7, 2001.
Item 1. 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)
REPOSTED AS ITEM #45


AGENDA

Wednesday, February 21, 2001

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

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

RALPH MARQUEZ ABSENT FOR ITEMS 3, 5 - 37, 39, 40

HEARING REQUESTS
Item 1. Docket Nos. 1999-1526-AIR and 2000-1462-AIR. Consideration of application by Frontier Materials Concrete for Permit by Rule Registration No. 43288 to authorize construction and operation of a permanent concrete batch plant. The location of the proposed facility is 5325 Barker Cypress Road, near Houston, Harris County. The Commission will also consider requests for hearing or reconsideration, related responses and replies, public comment, and the Executive Director's Response to Comments. (Wesley Smith/Janis Hudson)
Grant Hearing Request for those determined to be effective persons and refer to SOAH with instructions to Judge on issues to be considered and the Commissioners set duration of hearing to 6 months. Deny request for reconsideration, JB/RH. All Agree
Item 2. Docket No. 2001-0001-MWD. Consideration of permit application # 13465-001, submitted by WRE UTILITIES, INC. for a permit renewal (proposed TPDES Permit No. 13465-001), which authorizes the discharge of treated domestic wastewater with a daily average flow not to exceed 25,000 gallons per day. The wastewater treatment facility serves The Willow Ridge Estates Subdivision. The facility is located adjacent to and east of LaSalle Drive, approximately 1/2 mile northwest of the intersection of LaSalle Drive and State Highway 105 in Montgomery County, Texas. The Commission will also consider hearing requests, related responses and replies, public comment and the Executive Director's response to comments. (Kathy Brown/Julian D. Centeno, Jr.)
CONTINUED TO MARCH 7, 2001
Item 3. Docket No. 2001-0065-IWD. Consideration of permit application no. 04122, submitted by TXU MINING COMPANY for a major amendment to TNRCC Permit No. 04122 to authorize additional waste streams related to lignite mining activities to discharge via additional outfalls and authorize the use of wastewater for dust suppression activities. The current permit authorizes the discharge of domestic wastewater at a daily average flow not to exceed 2,600 gallons per day via Outfall 001. Issuance of this Texas Pollutant Discharge Elimination System (TPDES) permit will replace the existing National Pollutant Discharge Elimination System (NPDES) Permit No. TX0071081 issued on August 8, 1986 and TNRCC Permit No. 12275-001 issued on January 31, 1997. The applicant operates the Monticello-Thermo Lignite Mining Area. The plant site is located on State Highway 11, approximately 2.5 miles southeast of the intersection of State Highway 11 and Interstate Highway 30,in Hopkins County, Texas. The Commission will also consider hearing requests, related responses and replies, public comment and the Executive Director's response to comments.
Deny hearing request and adopt Executive Director's Response to Comments, RH/JB. Marquez Absent
Item 4. Docket No. 2000-1409-MSW. Consideration of permit application no. MSW-2280 by Mr. Deering Brunson, OK Pump Company for a permit for a new Type V-GG municipal solid waste liquid waste processing facility. The permit will authorize a liquid waste processing facility that will solidify grease trap waste, grit trap waste, septic waste, or a combination of these three waste materials. The facility is to be located at 2300 Ascension Drive, approximately 2.5 miles east of the intersection of IH-10 and FM-1110, in rural El Paso County, Texas. The Commission will also consider hearing requests and related responses and replies. (Mike Graeber/Elizabeth Francis-Whisnant)
REPOSTED AS ITEM #44
AIR ENFORCEMENT AGREED ORDERS
Item 5. Docket No. 2000-0878-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of 7HC Corporation in Tarrant County; Air Account No. TA-3985-L; for air quality violations pursuant to Tex. Health & Safety Code ch. 382, Tex. Water Code ch. 7, and the rules of the Texas Natural Resource Conservation Commission. (Stacey Young, Sheila Smith)
Issue agreed order, RH/JB
Item 6. Docket No. 2000-0745-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Chevron U.S.A., Incorporated in El Paso County; Air Account No. EE-0082-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. (Stacey Young, Merrilee Gerberding)
Issue agreed order, RH/JB
Item 7. Docket No. 2000-0751-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Cross Timbers Operating Company in Gregg and Harrison Counties; Air Account Nos. GJ-0139-T and HH-0112-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. (Carolyn V. Lind, Sheila Smith)
Issue agreed order, RH/JB
Item 8. Docket No. 2000-0816-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Formosa Hydrocarbons Company, Inc. in Calhoun County; Air Account No. CB-0053-U; for air quality violations pursuant to Tex. Health & Safety Code ch. 382, Tex. Water Code ch. 7, and the rules of the Texas Natural Resource Conservation Commission. (Gary L. McDonald, Carl Schnitz)
Issue agreed order, RH/JB
INDUSTRIAL HAZARDOUS WASTE ENFORCEMENT AGREED ORDERS
Item 9. Docket No. 2000-0692-IHW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Murmer, Incorporated in Brazoria County; Solid Waste Registration No. 76046; 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, Bill Davis)
Issue agreed order, RH/JB
Item 10. Docket No. 1998-1417-IHW-E. Consideration of an Amended Agreed Order assessing administrative penalties and requiring certain actions of Billmark Company, Inc. in Tarrant County; TNRCC ID No. 38227; for industrial and hazardous waste violations pursuant to the Texas Solid Waste Disposal Act, ch. 361 of the Tex. Health & Safety Code, ch. 26 of the Tex. Water Code, and the rules of the Texas Natural Resource Conservation Commission. (Rebecca Nash Petty)
REMANDED TO ED
MULTI-MEDIA ENFORCEMENT AGREED ORDER
Item 11. Docket No. 2000-0092-MLM-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Moscow Water Supply Corporation in Polk County; PWS No. WQ Nos. 1870008 and 1870125; WQ Permit No. 11139-001; for water quality and drinking water quality 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. (Gilbert Angelle, Sheila Smith)
Issue agreed order, RH/JB
MUNICIPAL SOLID WASTE ENFORCEMENT AGREED ORDERS
Item 12. Docket No. 2000-0893-MSW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Plainview in Hale County; Municipal Solid Waste Permit No. 2157; 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. (Susan Johnson, Bill Davis)
Issue agreed order, JB/RH
Item 13. Docket No. 2000-0926-MSW-E. Consideration of an Agreed Order assessing administrative penalties against the City of Perryton in Ochiltree County; Municipal Solid Waste Permit No. 876; 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. (Kent Heath, Bill Davis)
Issue agreed order, JB/RH
Item 14. Docket No. 2000-0649-MSW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of T Rex Consulting, Inc. in Smith County; Medical Waste Transporter No. 50055; 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. (Jayme Brown, Bill Davis)
Issue agreed order, JB/RH
Item 15. Docket No. 2000-0500-MSW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Alice in Jim Wells County; MSW Permit No. 262C; 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. (Gary L. McDonald, Bill Davis)
Issue agreed order, JB/RH
Item 16. Docket No. 2000-0483-MSW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Brenham in Washington County; MSW Registration No. 40018; 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)
Issue agreed order, JB/RH
MUNICIPAL WASTE DISCHARGE ENFORCEMENT AGREED ORDERS
Item 17. Docket No. 2000-0723-MWD-E. Consideration of an Agreed Order assessing administrative penalties against Albert H. Korenek dba Country Oaks Arbor MHP in Brazoria County; TPDES Permit No. 12680-001; for water quality violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Erika Fair, Sherry Smith)
Issue agreed order, RH/JB
Item 18. Docket No. 2000-0682-MWD-E. Consideration of an Agreed Order assessing administrative penalties against the City of Grand Saline in Van Zandt County; NPDES Permit No. TX0027545 (Water Quality Permit No. 10179-001); for water quality violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Terry Murphy, Sherry Smith)
Issue agreed order, RH/JB
Item 19. Docket No. 2000-0404-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Richey Road MUD in Harris County; Water Quality Permit No. 0012378-002 and NPDES Permit No. TX0092967; for water quality violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Erika Fair, Sherry Smith)
Issue agreed order, RH/JB
Item 20. Docket No. 2000-1006-MWD-E. Consideration of an Agreed Order assessing administrative penalties against Fort Bend County WCID No. 2 in Fort Bend County; NPDES Permit No. TX0021458 & TPDES Permit No. 10086-001; for water quality violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (John Mead, Sherry Smith)
Issue agreed order, RH/JB
Item 21. Docket No. 2000-0301-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of City of Corpus Christi in Nueces County; NPDES Permit No. TXS000601, TNRCC ID No. 14T001 and MSW Permit No. 423A; for water quality and municipal solid 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. (Gary L. McDonald, Sherry Smith)
Issue agreed order, RH/JB
Item 22. Docket No. 2000-0506-MWD-E. Consideration of an Agreed Order assessing administrative penalties against C & P Utilities, Inc. in Chambers County; Water Quality Permit No. 11720-001; 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, Sherry Smith)
REMANDED TO ED
ON SITE SEWAGE FACILITY INSTALLER ENFORCEMENT DEFAULT ORDERS
Item 23. Docket No. 1999-1338-OSI-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Bobby Hamilton dba Texas Gulf Construction Company in Jasper County; TNRCC ID No. None; for on-site sewage installer violations pursuant to ch. 366 of the Tex. Health & Safety Code, and the rules of the Texas Natural Resource Conservation Commission. (Rebecca Nash Petty)
Issue default order, JB/RH
Item 24. Docket No. 1999-1408-OSS-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Eddie Lee Copes in Hardin County; OSSF Application No. 100-682 & 100-685; for on-site sewage installer violations pursuant to ch. 7 & 366 of the Tex. Health & Safety Code and the rules of the Texas Natural Resource Conservation Commission. (Victor John Simonds)
Issue default order, JB/RH
PETROLEUM STORAGE TANK ENFORCEMENT AGREED ORDERS
Item 25. Docket No. 1999-0445-PST-E. Consideration of an Agreed Order assessing administrative penalties against The New Jats Corporation dba Graham Food Market and Laundrymat in Young County; TNRCC ID No. 43157; for petroleum storage tank violations pursuant to ch. 26 of the Tex. Water Code, ch. 382 of the Tex. Health & Safety Code, and the rules of the Texas Natural Resource Conservation Commission. (Rebecca Nash Petty)
Issue agreed order, JB/RH
Item 26. Docket No. 2000-0581-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of NAMU Corporation dba Quick Stop in Tarrant County; PST Facility ID No. 42138; 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. (Tom Greimel, Bill Davis)
Issue agreed order, JB/RH
Item 27. Docket No. 2000-0909-PST-E. Consideration of an Agreed Order assessing administrative penalites against Mr. Taddese Ferede dba Mobil #12-QDO in Collin County; PST Facility ID No. 0017749; 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. (Wendy Cooper, Bill Davis)
Issue agreed order, JB/RH
Item 28. Docket No. 2000-0561-PST-E. Consideration of an Agreed Order assessing administrative penalites and requiring certain actions of Mr. Minh-Hung Lam dba Mathis Country Market and InnPac Associates, L.L.C. in San Patricio County; PST Facility ID No. 27427; 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, Bill Davis)
Issue agreed order, JB/RH
Item 29. Docket No. 2000-0700-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Canton in Van Zandt County; Petroleum Storage Tank ID No. 49662; for petroleum storage tank violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Carolyn V. Lind, Bill Davis)
Issue agreed order, JB/RH
PETROLEUM STORAGE TANK ENFORCEMENT DEFAULT ORDER
Item 30. Docket No. 2000-0124-PST-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Charles R. McKinney dba McKinney's Shell Station in Brazoria County; TNRCC ID No. 0002914; for petroleum storage tank violations pursuant to ch. 26 of the Tex. Water Code, ch. 382 of the Tex. Health & Safety Code, and the rules of the Texas Natural Resource Conservation Commission. (Victor John Simonds)
Issue default order, JB/RH
PUBLIC WATER SUPPLY ENFORCEMENT AGREED ORDERS
Item 31. Docket No. 2000-0727-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Lawn in Coleman County; Public Water Supply ID No. 2210005; for drinking water quality violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas Natural Resource Conservation Commission. (Kara Dudash, Sherry Smith)
Issue agreed order, JB/RH
Item 32. Docket No. 2000-0946-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Town & Country Food Stores, Inc. in Lubbock County; Public Water Supply ID No. 1520179; for drinking water quality violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas Natural Resource Conservation Commission. (Gary Shipp, Sherry Smith)
Issue agreed order, JB/RH
Item 33. Docket No. 2000-1096-PWS-E. Consideration of an Agreed Order assessing administrative penalties against Flamingo Lakes Lot Owners Association dba Flamingo Lakes Water System in Montgomery County; Public Water Supply ID No. 1700042; for drinking water quality violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas Natural Resource Conservation Commission. (Gary Shipp, Sherry Smith)
Issue agreed order, JB/RH
Item 34. Docket No. 2000-0966-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Big Sandy in Upshur County; Public Water Supply No. 2300001; for drinking water quality violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas Natural Resource Conservation Commission. (Sandy VanCleave, Sherry Smith)
Issue agreed order, JB/RH
PUBLIC WATER SUPPLY ENFORCEMENT DEFAULT ORDERS
Item 35. Docket No. 1998-1105-PWS-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Allen Watts dba Lago Vista Utility in Guadalupe County; TNRCC ID No. 0940029; for public drinking water violations pursuant to ch. 341 of the Tex. Health & Safety Code and the rules of the Texas Natural Resource Conservation Commission. (Victor John Simonds)
Issue default order, RH/JB
Item 36. Docket No. 1999-0987-PWS-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Harold Brice dba Amistad Water System in Val Verde County; TNRCC ID No. 2330045; for public drinking water violations pursuant to ch. 341 of the Tex. Health & Safety Code and the rules of the Texas Natural Resource Conservation Commission. (Victor John Simonds)
Issue default order, RH/JB
MODIFY, AFFIRM, OR SET ASIDE AN EMERGENCY ORDER
Item 37. Docket No. 2000-1314-PWS-E. Consideration of whether to Modify, Affirm, or Set Aside an Emergency Order, against Arete Real Estate and Development Company, Inc., Jojac/Sejac, Ltd., and Emmes Bay Oaks Harbor I, LLC d/b/a Bay Oaks Harbor Subdivision, issued on January 26, 2001 by the Texas Natural Resource Conservation Commission (TNRCC) pursuant to Tex. Water Code 5.501(c)(1). The Emergency Order appointed John Fultz as temporary manager of the Bay Oaks Harbor Subdivision retail public utility (Utility) pursuant to ch.13 of the Tex. 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 M. Olszewski)
Affirm emergency order, RH/JB
AUTHORIZATION TO CONSTRUCT
Item 38. Docket No. 2001-0110-MWD-A. Consideration of a request by City of Jacksonville for an order authorizing construction of a wastewater treatment plant in Cherokee County, Texas, before Commission consideration of its application for a wastewater permit under Sections 26.019 and 26.027(c) of the Tex. Water Code. The proposed authorization to construct would not permit the use of the newly constructed wastewater treatment system. (Scottie C. Aplin/Zdenek Matl)
Grant Authorization to Construct, RH/RM. All Agree
RULES
Item 39. Docket No. 2000-1157-RUL. Consideration for adoption of the amendment to 30 TAC Chapter 335, Industrial Solid Waste and Municipal Hazardous Waste, Section 335.69, Accumulation Time.The adoption 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. The proposed rule was published in the December 1, 2000 issue of the Texas Register (25 TexReg 11894). (Ray Austin/Marilyn Querejazu/Lara Nehman) (Rule Log No. 2000-045-335-WS)
Approve adoption, RH/JB
Item 40. Docket No. 2000-1243-RUL. Consideration for adoption of an amendment to 30 TAC Chapter 11, Contracts, Section 11.1, Historically Underutilized Business Program. The rule adopts by reference the Texas General Services Commission rules regarding Historically Underutilized Businesses as required by Texas Government Code, 2161.003. The proposed rule was published in the December 29, 2000 issue of the Texas Register (25 TexReg 12904). (Jill Burditt) (Rule Log No. 2000-049-011-AD)
Approve adotpion, JB/RH
EXECUTIVE SESSION
Item 41. Docket No. 1999-0024-EXE. THE COMMISSION WILL CONDUCT A CLOSEDMEETING 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 42. 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 43. 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, February 21, 2001

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

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

Item 44. Docket No. 2000-1409-MSW. Consideration of permit application no. MSW-2280 by Mr. Deering Brunson, OK Pump Company for a permit for a new Type V-GG municipal solid waste liquid waste processing facility. The permit will authorize a liquid waste processing facility that will solidify grease trap waste, grit trap waste, septic waste, or a combination of these three waste materials. The facility is to be located at 2300 Ascension Drive, approximately 2.5 miles east of the intersection of IH-10 and FM-1110, in rural El Paso County, Texas. The Commission will consider requests for hearing or reconsideration, related responses and replies, public comments, and the Executive Director's response to comments.. (Mike Graeber/Elizabeth Francis-Whisnant)
Extend deadline for receiving filing, RM/RH. All Agree. Grant hearing request to those determined to be effective persons and allow Alternative Dispute Resolution 4 to 6 weeks to mediate, if mediation fails forward to State Office Administrative Hearings with instructions to judge regarding issues to be considered and Commissioners set duration of hearing to 6 months. JB/RH. Deny Request for Reconsideration, JB/RH


SECOND ADDENDUM TO AGENDA

Wednesday, February 21, 2001

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

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

Item 45. 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 be submitted by an applicant for a salt cavern waste disposal well permit 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 authorize the executive director to require a surface-recorded three-dimensional seismic survey, as necessary to establish the geologic suitability of a location. The proposed amendments would also allow the executive director to require a vertical seismic profile. Finally, the proposed amendments would make certain reformatting changes and administrative corrections. (Kathy Vail/Ben Knape) (Rule Log No. 2000-053-331-WT)
Approve publication and hearing, RH/JB. All Agree


AGENDA

Wednesday, February 21, 2001

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

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

Item 1. TNRCC Docket No. 1999-1200-PST-E; SOAH Docket No. 582-01-0311. Consideration of the Administrative Law Judge's Proposal for Decision and Order concerning enforcement actions against Felix Rodriguez; for alleged violations of three underground storage tanks (USTs) at Frankie's Drive Thru #2, located at 701 East Business Highway 83, Weslaco, Hidalgo County, Texas.
Adopt Administrative Law Judge's Proposal for Decision and grant exceptions of the Executive Director and Issue Order, RH/JB
Item 2. TNRCC Docket No. 1999-1227-AIR-E; SOAH Docket No. 582-00-2371. Consideration of the Administrative Law Judge's Proposal for Decision and Order concerning enforcement actions against Danny Viconti dba DFW Auto Sales, for alleged violations of offering to sell a used vehicle with missing and inoperable vehicle emission control devices at his used car lot, located at 1140 East Highway 121, Lewisville, Denton County, Texas.
Grant Administrative Law Judge's Proposal for Decision and issue order, RH/JB
Item 3. Docket No. 2001-0117-UCR-H. Consideration of a Motion to Overturn filed by City of Hill Country Village and Town of Hollywood Park concerning the Executive Director's refusal to consider their appeal, pursuant to Texas Water Code 13.043, of the Town of Pecos City's change of water rates. (Bexar County)
WILL NOT BE CONSIDERED