AGENDA

Wednesday, June 6, 2001

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

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

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, June 6, 2001

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

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

Item carried forward from agenda of May 23, 2001.
Item 1. Docket No. 2001-0318-MWD. Consideration of permit application no. 14167-001, submitted by Texas Water Services, Inc. for a new permit (proposed TNRCC Permit No. 14167-001), which authorizes the disposal of treated domestic wastewater at a daily average flow not to exceed 25,000 gallons per day via surface irrigation of 10 acres of range land. The wastewater treatment facility will serve a mobile home park. The proposed facility and disposal area will be located in the northeast quadrant of Medina County; 1,000 feet west of the Lake Medina shoreline; 5,000 feet southeast of the intersection of Old Castroville Road (County Road 151) and a private road; 4,000 feet south of the Medina-Bandera County line; and 4,000 feet north of Henderson Hollow where it enters Lake Medina in Medina County, Texas. The Commission will also consider hearing requests, related responses and replies, and public comment, and the Executive Director's Response to Public Comment. (Michael Hughes, Steve Shepherd, Firoj Vahora)
Remanded to Executive Director, RH/JB. All Agree


HUSTON
MARQUEZ
BAKER

AGENDA

Wednesday, June 6, 2001

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

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

PERMIT REVOCATIONS
Item 1. Docket No. 2001-0439-SWR Consideration of a petition filed by TNRCC staff to revoke the permit of R.B. Little Inc., Permit No. SW-39018 pursuant to 30 TAC 305.66 alleging that R.B. Little Inc. has abandoned its permit and the operations associated with the permit, R.B. Little, Inc. no longer needs its permit, and R.B. Little, inc. is not able to ensure that management of the facility conforms with Commission rules. (Jim Terry, Katherine Nelson)
Remanded to Executive Director
Item 2. Docket No. 2001-0442-SWR Consideration of a petition filed by TNRCC staff to revoke the permit of Southern States Specialty, Inc., Permit No. SW-39059 pursuant to 30 TAC 305.66 alleging that Southern States Specialty, Inc. has abandoned its permit and the operations associated with the permit, Southern States no longer owns the property and, thus, no longer needs its permit, and Southern States is not able to ensure that management of the facility conforms with Commission rules (Jim Terry, Katherine Nelson)
Remanded to Executive Director
Item 3. Docket No. 2001-0441-SWR Consideration of a petition filed by TNRCC staff to revoke the permit of James C. McDonald, Permit No. SW-39019 pursuant to 30 TAC 305.66 alleging that McDonald has abandoned its permit and the operations associated with the permit, McDonald no longer needs its permit, and McDonald is not able to ensure that management of the facility conforms with Commission rules.(Jim Terry, Katherine Nelson)
Remanded to Executive Director
Item 4. Docket No. 2001-0440-SWR Consideration of a petition filed by TNRCC staff to revoke the permit of Intercoastal Chemical Company, Permit No. SW-39002 pursuant to 30 TAC 305.66 alleging that Intercoastal Chemical Company has abandoned its permit and the operations associated with the permit, Intercoastal no longer needs its permit, and Intercoastal is not able to ensure that management of the facility conforms with Commission rules. (Jim Terry, Katherine Nelson)
Remanded to Executive Director
AIR QUALITY ENFORCEMENT AGREED ORDERS
Item 5. Docket No. 2000-1037-AIR-E Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Advantage Blasting and Coating, Inc. in Jefferson County; Air Account No. JE-0881-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. (Susan Kelly, Miriam Hall)
Issue agreed order, RM/RH. All Agree
Item 6. Docket No. 2000-1372-AIR-E Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Industrial Models, Inc. in Cooke County; Air Account No. CV-0058-H; 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, Miriam Hall)
Issue agreed order, RM/RH. All Agree
Item 7. Docket No. 2000-0981-AIR-E Consideration of an Agreed Order assessing administrative penalties against Turbine Chrome Services, Inc. in Harris County; Air Account No. HG-1274-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. (Tel Croston, Miriam Hall)
Issue agreed order, RM/RH. All Agree
Item 8. Docket No. 2000-1447-AIR-E Consideration of an Agreed Order assessing administrative penalties against Superior Lawn Service, Inc. in Jefferson County; Air Account No. JE-0687-S; for air quality violations pursuant to Tex. Health & Safety Code ch. 361 and 382, Tex. Water Code ch. 7, and the rules of the Texas Natural Resource Conservation Commission. (Laura Clark, Miriam Hall)
Issue agreed order, RM/RH. All Agree
Item 9. Docket No. 2001-0045-AIR-E Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Marble Masters of Texas, Incorporated in Guadalupe County; Air Account No. GL-0042-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. (Sheila Smith, Miriam Hall)
Issue agreed order, RM/RH. All Agree
Item 10. Docket No. 2000-0977-AIR-E Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Lane Supply Company Incorporated in Tarrant County; Air Account No. TA-2084-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. (Tel Croston, Miriam Hall)
Issue agreed order, RM/RH. All Agree
AIR ENFORCEMENT DEFAULT ORDERS
Item 11. Docket No. 1999-1502-AIR-E Consideration of a Default Order assessing administrative penalties against G. B. N. C., Incorporated in El Paso County; TNRCC ID No. EE-1909-T; for air quality violations pursuant to ch. 7 of the Tex. Water Code, ch. 382 of the Texas Health and Safety Code, and the rules of the Texas Natural Resource Conservation Commission. (Kelly W. Mego)
Issue default order, RM/JB. All Agree
Item 12. Docket No. 2000-0161-AIR-E Consideration of a Default Order assessing administrative penalties against LaGary Dixson dba Express Auto Kare in Dallas County; TNRCC ID No. DB-5146-G; for air quality violations pursuant to ch. 7 of the Tex. Water Code, ch. 382 of the Tex. Health & Safety Code, and the rules of the Texas Natural Resource Conservation Commission. (Kelly W. Mego)
Issue default order, RM/JB. All Agree
EDWARDS AQUIFER ENFORCEMENT AGREED ORDER
Item 13. Docket No. 2000-1234-EAQ-E Consideration of an Agreed Order assessing administrative penalties against McKenna Memorial Hospital in Comal County; Edwards Aquifer Protection Program ID No. 1501.00; for water quality violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Rebecca Clausewitz, Terry Murphy)
Issue agreed order, RH/JB. All Agree
LICENSED IRRIGATORS ENFORCEMENT AGREED ORDER
Item 14. Docket No. 1999-1233-LII-E Consideration of an Agreed Order assessing administrative penalties against Craig Kooda dba Kooda Exteriors in Dallas County; TNRCC ID No.: LI0006911 for landscape irrigation violations pursuant to chs. 7 and 34 of the Tex. Water Code and the rules of the Texas Natural Resource Conservation Commission. (Kelly W. Mego)
Issue agreed order, JB/RH. All Agree
MULTI-MEDIA ENFORCEMENT AGREED ORDER
Item 15. Docket No. 2000-1106-MLM-E Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Aviation Composite Technologies, Inc. in Tarrant County; Solid Waste Registration No. 85636; for air quality and industrial & hazardous waste 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. (Merrilee Gerberding, Miriam Hall)
Remanded to Executive Director
MUNICIPAL WASTE DISCHARGE ENFORCEMENT AGREED ORDERS
Item 16. Docket No. 2000-0381-MWD-E Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Angus in Navarro County; TPDES and Water Quality Permit No. 11864-001; 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, Terry Murphy)
Issue agreed order, RH/RM. All Agree
Item 17. Docket No. 2000-0705-MWD-E Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Gene Danielson in Fort Bend County; Installer Certification No. None; for water quality and on-site sewage violations pursuant to Tex. Health & Safety Code ch. 366, Tex. Water Code chs. 7 and 26, and the rules of the Texas Natural Resource Conservation Commission. (Laurie Eaves, Terry Murphy)
Issue agreed order, RH/RM. All Agree
Item 18. Docket No. 2000-0709-MWD-E Consideration of an Agreed Order assessing administrative penalties against West Houston Airport Corporation in Harris County; TPDES Permit No. 12516-001; for water quality violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Laurie Eaves, Terry Murphy)
Issue agreed order, RH/RM. All Agree
Item 19. Docket No. 2000-0963-MWD-E Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of West Hardin County Consolidated Independent School District in Hardin County; TPDES Permit No. 11274-001; for water quality violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Sherry Smith, Terry Murphy)
Issue agreed order, RH/RM. All Agree
Item 20. Docket No. 2000-1188-MWD-E Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of W-Industries, Inc. in Harris County; Water Quality Permit No. 13497-001 (expired); for water quality violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Catherine Albrecht, Terry Murphy)
Issue agreed order, RH/RM. All Agree
Item 21. Docket No. 2000-0658-MWD-E Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Thornton in Limestone County; Water Quality Permit No. 10824-001, NPDES Permit No. TX0075639 and TPDES Permit No. 10824-001; for water quality violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Sherry Smith, Terry Murphy)
Issue agreed order, RH/RM. All Agree
Item 22. Docket No. 2000-0971-MWD-E Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Daisetta in Liberty County; Water Quality Permit No. 10736-001; 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, Terry Murphy)
Issue agreed order, RH/RM. All Agree
Item 23. Docket No. 1999-1532-MWD-E Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of AquaSource, Inc. in Harris County; Water Quality Permit No. 11193-001 and NPDES Permit NO. TX0075434; for water quality violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Sherry Smith, Terry Murphy)
Issue agreed order, RH/RM. All Agree
Item 24. Docket No. 2000-1253-MWD-E Consideration of an Agreed Order assessing administrative penalties against the City of Buffalo in Leon County; TPDES Permit No. 10022-001; for water quality violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Brian Lehmkuhle, Terry Murphy)
Issue agreed order, RH/RM. All Agree
ON SITE SEWAGE FACILITY INSTALLERS ENFORCEMENT DEFAULT ORDER
Item 25. Docket No. 2000-0624-OSI-E Consideration of a Default Order assessing administrative penalties against Douglas J. Smith Sr. in Matagorda County; TNRCC ID No. OS4458; for on-site sewage installer violations pursuant to ch. 7 of the Tex. Water Code, ch. 366 of the Texas Health & Safety Code, and the rules of the Texas Natural Resource Conservation Commission. (Kelly W. Mego)
Issue default order, RM/RH. All Agree
PETROLEUM STORAGE TANK ENFORCEMENT AGREED ORDERS
Item 26. Docket No. 2000-1239-PST-E Consideration of an Agreed Order assessing administrative penalties against Eastex Telephone Cooperative, Incorporated in Polk County; Petroleum Storage Tank Facility ID Nos. 0025644, 0025645, 0025646, and 0025647; for petroleum storage tank violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (John Barry, Tom Jecha)
Remanded to Executive Director
Item 27. Docket No. 2000-1455-PST-E Consideration of an Agreed Order assessing administrative penalties against Mr. Akram Rhani dba P.T. Conoco in Tarrant County; PST Facility ID No. 0013506; 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. (Judy Fox, Tom Jecha)
Issue agreed order, RH/JB. All Agree
Item 28. Docket No. 1999-1049-PST-E Consideration of an Agreed Order assessing administrative penalties against Genico Distributors, Inc. d/b/a Jumpin John's in Tarrant County; TNRCC ID No. 0027367; for underground storage tank violations pursuant to chs. 7 and 26 of the Tex. Water Code, ch. 382 of the Texas Health and Safety Code, and the rules of the Texas Natural Resource Conservation Commission. (Joshua M. Olszewski)
Issue agreed order, RH/JB. All Agree
Item 29. Docket No. 1999-0178-PST-E Consideration of an Agreed Order assessing administrative penalties against Aladdin Car Wash, Inc., Genico Distributors, Inc., and Village Car Wash, Inc. in Tarrant County; TNRCC ID No. 0027362; for underground storage tank violations pursuant to chs. 7 and 26 of the Tex. Water Code and the rules of the Texas Natural Resource Conservation Commission. (Joshua M. Olszewski)
Issue agreed order, RH/JB. All Agree
Item 30. Docket No. 2000-1113-PST-E Consideration of an Agreed Order assessing administrative penalties against Vista Stores, L.L.C. in Dallas County; PST Facility ID No. 0015607; 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. (Bill Davis, Tom Jecha)
Issue agreed order, RH/JB. All Agree
PETROLEUM STORAGE TANK ENFORCEMENT DEFAULT ORDERS
Item 31. Docket No. 2000-0294-PST-E Consideration of a Default Order assessing administrative penalties against StarTex Gasoline & Oil Distributors, Inc. in Nueces County; TNRCC ID Nos. 23481 & 23483; for petroleum storage tank violations pursuant to chs. 7 and 26 of the Tex. Water Code and the rules of the Texas Natural Resource Conservation Commission. (Joshua M. Olszewski)
Remanded to Executive Director
Item 32. Docket No. 1999-0895-PST-E Consideration of a Default Order assessing administrative penalties and requiring certain actions of Fred Palacios dba Fred's Gas Depot in Hidalgo County; TNRCC ID No. 33816; for onsite sewage installer violations pursuant to ch. 366 of the Texas Health & Safety Code, ch. 7 of the Tex. Water Code and the rules of the Texas Natural Resource Conservation Commission. (Joshua M. Olszewski)
Remanded to Executive Director
Item 33. Docket No. 1999-0538-PST-E Consideration of a Default Order assessing administrative penalties of Harry Garbar dba S & J Stores in El Paso County; TNRCC ID No. 11757; for petroleum storage tank violations pursuant to chs. 7 and 26 of the Tex. Water Code, ch. 382 of Tex. Health & Safety Code, and the rules of the Texas Natural Resource Conservation Commission. (Joshua M. Olszewski)
Issue Default Order, JB/RM. All Agree
PUBLIC WATER SUPPLY ENFORCEMENT AGREED ORDERS
Item 34. Docket No. 2000-0997-PWS-E Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Mrs. Rosa Lee Eissler dba Blueberry Hill Mobile Home Estates in Bee County; Public Water Supply Facility ID Number 130018; for drinking water quality violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas Natural Resource Conservation Commission. (Carol McGrath, Terry Murphy)
Issue agreed order, RM/RH. All Agree
Item 35. Docket No. 2000-1237-PWS-E Consideration of an Agreed Order assessing administrative penalties against Thalia Water Supply Corporation in Foard County; Public Water Supply No. 0780013; for drinking water quality violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas Natural Resource Conservation Commission. (Subhash Jain, Terry Murphy)
Issue agreed order, RM/RH. All Agree
Item 36. Docket No. 2000-0470-PWS-E Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Mr. Roger Van Voorhees and Mr. Norman Keike, a Partnership dba Magic Enterprises dba Sunset Wood Water System in Burnet County; Public Water Supply No. 0270092; for drinking water quality violations pursuant to Tex. Health & Safety Code ch. 341, Tex. Water Code ch. 5, and the rules of the Texas Natural Resource Conservation Commission. (Larry King, Terry Murphy)
Remanded to Executive Director
Item 37. Docket No. 2000-1097-PWS-E Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Pampa in Gray County; Public Water Supply Facility ID No. 0900003; for drinking water quality violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas Natural Resource Conservation Commission. (Shawn A. Hess, Terry Murphy)
Issue agreed order, RM/RH. All Agree
Item 38. Docket No. 2000-1294-PWS-E Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Our Water Supply Corporation in Tarrant County; Public Water Supply ID No. 2200282; for drinking water quality violations pursuant to Tex. Health & Safety Code ch. 341, Tex. Water Code ch. 5, and the rules of the Texas Natural Resource Conservation Commission. (Shawn A. Hess, Terry Murphy)
Issue agreed order, RM/RH. All Agree
Item 39. Docket No. 2000-0849-PWS-E Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Alvin Kidd and Mitchell Kidd dba Old Water Mobile Home Park in Randall County; PWS No. 1910045; for drinking water quality violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas Natural Resource Conservation Commission. (Subhash Jain, Terry Murphy)
Reposted as Item #60
Item 40. Docket No. 2000-0829-PWS-E Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Corbet Water Supply Corporation in Navarro County; Public Water Supply No. 1750013; 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, Terry Murphy)
Issue agreed order, RM/RH. All Agree
Item 41. Docket No. 2000-0936-PWS-E Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Casey Development Company LC and Carl H. Casey and D.M. Casey in Lubbock County; Public Water Supply ID No. 1520188; 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, Terry Murphy)
Issue agreed order, RM/RH. All Agree
Item 42. Docket No. 2001-0055-PWS-E Consideration of an Agreed Order assessing administrative penalties against Camp Longhorn Capital Inc. in Burnet County; Public Water Supply Facility ID No. 0270053; for drinking water quality violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas Natural Resource Conservation Commission. (David Van Soest, Terry Murphy)
Issue agreed order, RM/RH. All Agree
Item 43. Docket No. 2000-1335-PWS-E Consideration of an Agreed Order assessing administrative penalties against Gulshan Enterprises, Inc. dba Handi Plus No. 18 in Brazos County; Public Water Supply No. 0210052; for drinking water quality violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas Natural Resource Conservation Commission. (Elvia Maske, Terry Murphy)
Issue agreed order, RM/RH. All Agree
PUBLIC WATER SUPPLY ENFORCEMENT DEFAULT ORDERS
Item 44. Docket No. 1998-0981-PWS-E Consideration of a Default Order assessing administrative penalties and requiring certain actions of Augustin Valenciana dba Don Balta's Restaurant in El Paso County; TNRCC ID No. 0710176; 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, RM/RH. All Agree
Item 45. Docket No. 1999-0808-PWS-E Consideration of a Default Order assessing administrative penalties and requiring certain actions of Daisy Godbey dba Creative Kids Express Child Care in Galveston County; TNRCC ID No. 0840222; 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, RM/RH. All Agree
Item 46. Docket No. 2000-0009-PWS-E Consideration of a Default Order assessing administrative penalties and requiring certain actions of Than Mai Chau dba Handi Plus #47 in Harris County; TNRCC ID No. 1012929; 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/RM. All Agree
WATER UTILITY OPERATOR CERTIFICATION RESOLUTION
Item 47. Docket No. 2001-0299-WOC-R Consideration of a Resolution to appoint Mary Catherine Henderson to the Advisory Committee for Water Utility Operator Certification.
Approve Staff Recommendations, JB/RH. All Agree
Modify, Affirm, or Set Aside Emergency Order
Item 48. Docket No. 2001-0538-WQ. Consideration of an Order to Affirm, Modify, or Set Aside an Emergency Order. The Emergency Order was granted by the Executive Director, without a hearing, on May 8, 2001. The emergency order was granted under §§ 5.501 and 5.509, Texas Water Code, and 30 Texas Administrative Code §§ 35.301 - 35.303. The Emergency Order authorized the United States Department of Navy, Permit No. 02335 (TX0034321), to discharge variable volumes of treated groundwater from the Naval Weapons Industrial Reserve Plant McGregor. The plant is located in Coryell and McLennan Counties, Texas. (Kathy H. Brown, Chris Linendoll)
Affirm Order, RM/RH. All Agree
RULES
Item 49. Docket No. 2000-0930-RUL Consideration for the adoption of the rules review and readoption of 30 TAC Chapter 106, Permits by Rule. 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 January 19, 2001 issue of the Texas Register (26 TexReg 781). (Joseph Thomas) (Rule Log No. 2000-023-106-AI)
Approve adoption, RH/JB. All Agree
Item 50. Docket No. 2000-0847-RUL Consideration for the adoption of the rules review and readoption of 30 TAC Chapter 327, concerning Spill Prevention and Control. 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 March 9, 2001 issue of the Texas Register (26 TexReg 2058). (Hector H. Mendieta) (Rule Log No. 2000-003-327-WS)
Approve adoption, JB/RH. All Agree
Item 51. Docket No. 2001-0119-RUL Consideration for the adoption of the rules review and readoption of 30 TAC Chapter 332, Composting. 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 March 23, 2001 issue of the Texas Register (26 TexReg 2412). (Debi Dyer) (Rule Log No. 2000-006-332-WS)
Approve adoption, JB/RM. All Agree
Item 52. Docket No. 2001-0464-RUL Consideration for publication of, and hearing on, the following proposed amended sections of 30 TAC Chapter 116, Control of Air Pollution by Permits for New Construction or Modification, and corresponding revisions to the Texas state implementation plan.
Section 116.12 - Nonattainment Review Definitions
Section 116.160 - Prevention of Significant Deterioration Requirements
Section 116.162 - Evaluation of Air Quality Impacts
These proposed amendments to Chapter 116 revise definitions concerning the inclusion of marine vessel emissions in applicability determinations for prevention of significant deterioration and nonattainment permits and will update references to federal rules in the chapter. (Joseph Thomas) Rule Log No. 2001-002-116-AI)
Approve publication and hearing, RH/RM. All Agree
Item 53. Docket No. 2001-0495-RUL Consideration for publication of proposed amended sections in 30 TAC Chapter 335, Subchapter A, Sections 335.1, 335.3, 335.4, 335.6, 335.9 - 335.14, 335.17, 335.24, 335.28, 335.29, and 335.31; Subchapter B, Sections 335.41 and 335.43 - 335.47; Subchapter C, Sections 335.61, 335.67, 335.69, 335.76, and 335.78; Subchapter D, Sections 335.91, 335.93, and 335.94; Subchapter E, Sections 335.111, 335.115, 335.117 - 335.119, 335.123, 335.125, and 335.127; Subchapter F, Sections 335.155, 335.164, 335.165, 335.167 - 335.169, 335.172, 335.177, 335.178, and 335.181; Subchapter G, Sections 335.201, 335.202, 335.205, and 335.206; Subchapter H, Division 2, Sections 335.221, 335.222, 335.224, and 335.225; Division 3, Section 335.241; and Division 5, Section 335.262; Subchapter I, Sections 335.303 - 335.305 and 335.307; Subchapter J, Sections 335.321 - 335.323, 335.325, 335.326, 335.328, and 335.329; Subchapter K, Sections 335.341, 335.342, and 335.346; Subchapter N, Sections 335.401 - 335.403, 335.406, 335.407, 335.409, 335.411, and 335.412; Subchapter O, Section 335.431; Subchapter Q, Sections 335.471, 335.473 - 335.478, and 335.480; Subchapter R, Sections 335.501 - 335.504, 335.507 - 335.509, 335.511 - 335.514, and 335.521; and Subchapter S, Sections 335.559, 335.563, and 335.569.
Also for consideration for publication is proposed amendments to sections in 30 TAC Chapter 305, Subchapter A, Section 305.2; Subchapter D, Section 306.69; Subchapter F, Section 305.122; Subchapter G, Section 305.150; and Subchapter Q, Section 305.571. Also for consideration for publication is proposed new Subchapter I, Section 305.175.
The proposed rules would update the commission's hazardous waste rules primarily to address changes to the federal hazardous waste regulations promulgated between November 1996 through December 2000, including land disposal restrictions and regulations concerning integration of maximum achievable control technology standards. The proposed rules also incorporate administrative, editorial, and technical amendments to correct errors and inconsistencies and to improve readability. (Ray Austin/Marilyn Querejazu/Lara Nehman) (Rule Log No. 2000-044-335-WS)
Approve publication, RM/RH. All Agree
Item 54. Docket No. 2001-0503-RUL Consideration for publication of, and hearing on, the following proposed amended sections of 30 TAC Chapter 114, Control of Air Pollution from Motor Vehicles; and corresponding revisions to the state implementation plan:
Section 114.307 - Exemptions
Section 114.309 - Affected Counties
These proposed amendments to Chapter 114 would address concerns of research laboratories and academic institutions by allowing them to conduct research using gasoline with a higher Reid vapor pressure (RVP) than allowed in the 95-county central and eastern Texas region; more closely match the exemptions established for the RVP rules to those exemptions allowed in the diesel fuel regulations; and correct the spelling of Smith County. (Scott Carpenter / Alan Henderson) (Rule Log Number 2001-009-114-AI).
Approve publication & hearing, RM/JB. All Agree
EXECUTIVE SESSION
Item 55. 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 56. 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 57. 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, June 6, 2001

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

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

Item 58. Docket No. 2000-0237-DIS. Consideration of a Proposed Order Approving the Petition of Frost National Bank, Trustee for the City Public Service of San Antonio, Texas, Employees' Pension Trust (Petitioner) joined by Land System Company and Martex Corporation (Buyers) for Dissolution of Northeast Medina County Municipal Utility District No. 2 (District). The Petitioner requests the Commission dissolve the District pursuant to V.T.C.A., §Water 49.321 - 49.327. (TNRCC Internal Control No. 01312000-D09; Diego Abrego)
Approve petition, RH/RM. All Agree
Item 59. Docket No. 2000-0238-DIS. Consideration of a Proposed Order Approving the Petition of Frost National Bank, Trustee for the City Public Service of San Antonio, Texas, Employees' Pension Trust (Petitioner) joined by Land System Company and Martex Corporation (Buyers) for Dissolution of Northeast Medina County Municipal Utility District No. 3 (District). The Petitioner requests the Commission dissolve the District pursuant to V.T.C.A., §Water 49.321 - 49.327. (TNRCC Internal Control No. 01312000-D08; Diego Abrego)
Approve petition, RH/RM. All Agree


SECOND ADDENDUM TO AGENDA

Wednesday, June 6, 2001

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

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

Item 60. Docket No. 2000-0849-PWS-E Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Alvin Kidd and Mitchell Kidd dba Old West Mobile Home Park in Randall County; PWS No. 1910045; for drinking water quality violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas Natural Resource Conservation Commission. (Subhash Jain, Terry Murphy)
Issue agreed order, RM/RH. All Agree