AGENDA

Wednesday, July 24, 2002

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.
Commission did not meet in Executive Session
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. The Commission may also meet in open session to take action on a legal or personnel matters considered in the closed meeting as required by Section 551.102 of the Texas Open Meetings Act, Chapter 551 of the Government Code.
Commission did not meet in Executive Session
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.
Commission did not meet in Executive Session


OLD BUSINESS AGENDA

Wednesday, July 24, 2002

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

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

Item carried forward from Agendas of May 22, 2002 and June 26, 2002.
Item 1. Docket No. 2002-0584-IHW-E. Consideration of whether to Modify, Affirm, or Set Aside an Emergency Order issued on May 1, 2002 by the Executive Director of the Texas Natural Resource Conservation Commission pursuant to Tex. Water Code ch. 5, Tex. Health & Safety Code ch. 361, and 30 Tex. Admin. Code ch. 35 requiring The Estate of Dae Kim dba Bell Dry Cleaners and Henry T.T. Lucky, Inc. as owners and/or operators of a dry cleaning facility located in Houston, Harris County to clean up and contain tetrachloroethylene groundwater contamination and to ensure public health and safety. (Rebecca Nash Petty)
Continued to August 21, 2002


AGENDA

Wednesday, July 24, 2002

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

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

HEARING REQUESTS
Item 1. Docket No. 2002-0804-MWD. Consideration of permit application # 13381-001, submitted by Knox Oil of Texas, Inc. for an amendment of permit (TNRCC Permit No. 13381-001) to authorize an increase in the daily average flow from 1,800 gallons per day to 4,950 gallons per day and disposal of treated effluent via a spray evaporation system. The application also includes a request for a variance to the buffer zone requirements. This permit will not authorize a discharge of pollutants into waters in the State. The facility and disposal site are located on the northeast corner of the Interstate Highway 10 and Farm-to-Market Road 1458 intersection in the City of San Felipe in Austin County, Texas. The Commission will consider Request for Reconsideration and Request for Contested Case Hearing. (Jacquelyn Boutwell, Zdenek Matl)
See Item # 42
Item 2. Docket No. 2002-0748-WR. Consideration of application No. 5680, submitted by Ronnie and Martha Stephens for a new permit (proposed Water Use Permit No. 5680), to authorize the applicants to maintain a dam and reservoir on the Leon River, tributary of the Little River, tributary of the Brazos River, Brazos River Basin, and to divert contracted water from the reservoir for irrigation purposes. The reservoir is located 4 miles north-northwest of Gustine, in Comanche County, Texas. The Commission will also consider hearing requests, related responses and replies, and public comment. (Iliana Delgado, Mike Hughes)
Grant hearing of Robert Mull, but deny hearing request of Randall Mull, and refer to Alternative Dispute Resolution 4 to 6 weeks, and if mediation fails forward to State Office Administrative Hearings, RH/RM. All Agree
Item 3. Docket No. 2002-0563-DIS. Consideration of an application by Pritchett Water Supply Corporation to convert to a special utility district operating under Texas Water Code Chapters 49 and 65. The proposed district will include 108.5 square miles of territory located in Upshur and Wood Counties, Texas. The Commission will also consider hearing requests and related responses and replies. (Internal Control No. 01292001-D01, John Deering, Fred Radloff).
Deny hearing requests, approve application to convert to special utility district, approve transfer of CCN to SUD, and approve Board members as outlined by General Counsel, RH/RM. All Agree
Item 4. Docket No. 2002-0803-WR. Consideration of the application of Robert and Sylvia Sieker for Water Use Permit No. 5737 authorizing the diversion and use of not to exceed 1 acre-foot of water per annum from the Guadalupe River, Guadalupe River Basin for agriculture use to irrigate 1 acre of land in the J. H. Cocke Survey, Abstract No. 95, also located at 99 Lemas Street in Kerrville, Kerr County, Texas. The applicants seek to divert the water, pursuant to an Upstream Diversion Contract between the Applicant and the Guadalupe-Blanco River Authority (GBRA), at a diversion rate not to exceed 0.022 cubic-feet-per-second (10 gallons-per-minute). This application is contingent upon the maintenance of the Upstream Diversion Contract between the applicant and the GBRA for 1 acre-foot of water per annum. The Commission will consider hearing requests, related responses and replies, public comments, and issuance of the permit. (David Koinm, Guy Henry)
Deny hearing request of Small Hydro, but continue the Davenport's hearing request until the September 25, agenda, RH/RM. All Agree
AGRICULTURAL AGREED ORDER
Item 5. Docket No. 2001-0791-AGR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of George Ted DeVries dba DeVries Dairy in Erath County; TNRCC Water Quality Permit No. 03061; for agricultural water quality violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Robin Chapman)
Issue agreed order, RM/RH. All Agree
AIR AGREED ORDERS
Item 6. Docket No. 2001-1260-AIR-E. Consideration of an Agreed Order assessing administrative penalties against the City of Denton in Denton County; Air Account No. DF-0012-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. (Wendy Cooper, Bill Davis)
Issue agreed order, RH/KW. All Agree
Item 7. Docket No. 2001-1499-AIR-E. Consideration of an Agreed Order assessing administrative penalties against HEC Petroleum, Inc. in Chambers County; Air Account No. CI-0100-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. (Catherine Sherman, Bill Davis)
Issue agreed order, RH/KW. All Agree
Item 8. Docket No. 2001-1545-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Oasis Pipe Line Company Texas L.P. in Pecos County; Air Account Nos. PE-0113-Q and PE-0109-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. (Dan Landenberger, Bill Davis)
Issue agreed order, RH/KW. All Agree
Item 9. Docket No. 2001-1420-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Mitchell Gas Services L.P. in Coleman County; Air Account No. CO-0034-B; for air quality violations pursuant to Tex. Health & Safety Code ch. 382, Tex. Water Code ch. 7, and the rules of the Texas Natural Resource Conservation Commission. (Carolyn Easley, Bill Davis)
Issue agreed order, RH/KW. All Agree
Item 10. Docket No. 2001-1074-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Prestigious Accessories, Inc. in Smith County; Air Account No. SK-0168-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. (Carolyn V. Lind, Bill Davis)
Issue agreed order, RH/KW. All Agree
Item 11. Docket No. 2001-1205-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Nustar Joint Venture operated by Enogex Products Corporation in Upton County; Air Account Nos. UB-0006-C and UB-0002-K; for air quality violations pursuant to Tex. Health & Safety Code ch. 382, Tex. Water Code ch. 7, and the rules of the Texas Natural Resource Conservation Commission. (Dan Landenberger, Bill Davis)
Issue agreed order, RH/KW. All Agree
Item 12. Docket No. 2001-1327-AIR-E. Consideration of an Agreed Order assessing administrative penalties against TXU U.S. Holdings Company formerly known as TXU Electric Company in Hood County; Air Account No. HQ-0012-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. (Judy Fox, Bill Davis)
Issue agreed order, RH/KW. All Agree
INDUSTRIAL WASTE DISCHARGE AGREED ORDER
Item 13. Docket No. 2001-1252-IWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Shezy Enterprise, Inc. dba Fina Truck Stop in Hunt County; Texas Pollutant Discharge Elimination System Permit No. 11721-001 ; for water quality violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Cheryl Thompson, Bill Davis)
Remanded to Executive Director
MUNICIPAL SOLID WASTE AGREED ORDER
Item 14. Docket No. 2001-1071-MSW-E. Consideration of an Agreed Order assessing administrative penalties against Total Roll-Offs, L.L.C. in Washington County; Municipal Solid Waste Registration No. 40173; 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. (Michael Limos, Bill Davis)
Issue agreed order, RM/KW. All Agree
MUNICIPAL SOLID WASTE DEFAULT ORDER
Item 15. Docket No. 2001-1101-MSW-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Lee Ward dba Ward's Trucking in Tarrant County; TNRCC ID No. none; for 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. (Elisa Roberts)
Issue Default Order, RH/KW. All Agree
MUNICIPAL WASTE DISCHARGE AGREED ORDERS
Item 16. Docket No. 2001-0896-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Cibolo Creek Municipal Authority in Bexar County; Texas Pollutant Discharge Elimination System Permit No. 11269-001; for water quality violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Elvia Maske, Bill Davis)
Issue agreed order, RH/KW. All Agree
Item 17. Docket No. 2001-0766-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Texas Parks and Wildlife Department in Harris County; TPDES Permit No. 11214-001; for water quality and fee violations pursuant to Tex. Health & Safety Code chs. 341, 366, and 367, Tex. Water Code chs. 5, 7, 11, and 26, and the rules of the Texas Natural Resource Conservation Commission. (Sherry Smith, Bill Davis)
Issue agreed order, RH/KW. All Agree
Item 18. Docket No. 2001-1210-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Harris County Municipal Utility District No. 249 in Harris County; Texas Pollutant Discharge Elimination System Permit No. 13765-001; 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, Bill Davis)
Issue agreed order, RH/KW. All Agree
Item 19. Docket No. 2001-0984-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Gainesville in Cooke County; NPDES Permit No. TX0022357-001A and Water Quality Permit No. 0010726-001; for water quality violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (A. Sunday Udoetok, Bill Davis)
Issue agreed order, RH/KW. All Agree
PETROLEUM STORAGE TANK AGREED ORDERS
Item 20. Docket No. 2001-1392-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Bahrami Enterprises, L.L.C. dba Minit Mart in Ellis County; Petroleum Storage Tank Facility ID No. 0028086; for petroleum storage tank violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (A. Sunday Udoetok, Bill Davis)
Issue agreed order, RM/RH. All Agree
Item 21. Docket No. 2001-0212-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Mr. Mohammad H. Abdullah and Mr. Santos Duarte dba Car Care Garage in Harris County; PST Facility ID No. 0028060; for petroleum storage tank violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Trina Lewison, Bill Davis)
Remanded to Executive Director
Item 22. Docket No. 2000-1125-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Richard Crane dba Rick's By The Park in Tarrant County; TNRCC PST ID No. 0064891; for petroleum storage tank violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Elisa Roberts)
Issued agreed order, RM/RH. All Agree
Item 23. Docket No. 2001-1040-PST-E. Consideration of an Agreed Order assessing administrative penalties against Rebel Enterprises, Inc. dba Rebel Food in Jasper County; Petroleum Storage Tank Facility ID No. 0071393; 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, Bill Davis)
Issue agreed order, RM/RH. All Agree
Item 24. Docket No. 2001-1126-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Josh Jumbo Corporation dba Sonic Quick Stop in Harris County; Petroleum Storage Tank Facility ID No. 0040823; 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. (Kevin Keyser, Bill Davis)
Issue agreed order, RM/RH. All Agree
Item 25. Docket No. 2001-1496-PST-E. Consideration of an Agreed Order assessing administrative penalties against Chevron U.S.A. Inc. in Harris County; TNRCC ID No. None; for petroleum storage tank violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Catherine Sherman, Bill Davis)
Issue agreed order, RM/RH. All Agree
PUBLIC WATER SYSTEM AGREED ORDERS
Item 26. Docket No. 2001-1290-PWS-E. Consideration of an Agreed Order assessing administrative penalties against Cypress Bible Church of Harris County in Harris County; Public Water Supply No. 1011408; for drinking water quality violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas Natural Resource Conservation Commission. (Kent Heath, Bill Davis)
Issue agreed order, RH/KW. All Agree
Item 27. Docket No. 2001-0313-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Lakeview Water Co-Op in Denton County; Public Water Supply No. 0610232; for drinking water quality violations pursuant to Tex. Health & Safety Code ch. 341, Tex. Water Code ch. 13, and the rules of the Texas Natural Resource Conservation Commission. (Wendy Cooper, Bill Davis)
Issue agreed order, RH/KW. All Agree
Item 28. Docket No. 2001-0677-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of AquaSource Utility, Inc. dba Pine Trails Utility, Inc., The Gap Water Company, Cherokee Point Water Company, Inc., Ingram Water Supply, Inc., and H2M Water System in Harris, Taylor, Camp, Kerr, and Tarrant Counties; Public Water Supply Nos. 1010535, 2210023, 0320015, 2200341, 2200329, and 1330011 and Certificate of Convenience and Necessity Nos. 10938, 11157, 11993, 11908, and 11728; for drinking water quality violations pursuant to Tex. Water Code ch. 13 and the rules of the Texas Natural Resource Conservation Commission. (Michelle Harris, Bill Davis)
Remanded to Executive Director
Item 29. Docket No. 2001-0528-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Mark Stewart and Dona B. Stewart dba Stewart Water in Cass County; CCN No. 12416 and Public Water Supply No. 0340019; for drinking water quality violations pursuant to Tex. Water Code ch. 13 and the rules of the Texas Natural Resource Conservation Commission. (Gilbert Angelle, Bill Davis)
Issue agreed order, RH/KW. All Agree
Item 30. Docket No. 2001-1184-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Blooming Grove in Navarro County; Public Water Supply ID No. 1750001; for drinking water quality violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas Natural Resource Conservation Commission. (Erika Fair, Bill Davis)
Issue agreed order, RH/KW. All Agree
Item 31. Docket No. 1999-0905-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Quadvest, Inc. dba as the following: Telge Terrace Mobile Home Subdivision, Colony Mobile Home Subdivision, Timberdale Mobile Home Subdivision, Campwood Subdivision, Indigo Lakes Subdivision, Sendera Ranch Subdivision, Red Oak Ranch Subdivision, Stonecrest Ranch Subdivision, Lake Windcrest Ranch Subdivision, and Westwood Subdivision in Harris, Montgomery, and Waller Counties; TNRCC ID Nos. 1011805, 1011806, 1011810, 1700576, 1700577, 1700609, 1700611, 1700624, 1700404, and 2370042; 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. (Elisa Roberts)
Continued to September 25, 2002
Item 32. Docket No. 2001-1473-PWS-E. Consideration of an Agreed Order assessing administrative penalties against Philip Clemente dba Northeast Mobile Home Park in Denton County; Public Water Supply No. 0610090; for drinking water quality violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas Natural Resource Conservation Commission. (Michelle Harris, Bill Davis)
Issue agreed order, RH/KW. All Agree
UTILITY CERTIFICATION AND RATES - EMERGENCY ORDER
Item 33. Docket No. 2002-0726-UCR. Consideration of whether to affirm, modify, or set aside the Emergency Rate Order issued by the Executive Director, without a hearing, on May 24, 2002 approving the application by John M. Fultz, Receiver for Five Land Water System, Shannon Place Water System, and River Oaks/Sunshine Acres Water System, for an emergency water rate increase. The order was issued pursuant to Sections 5.508 and 13.4133, Texas Water Code and 30 Texas Administrative Code, Section 35.202. The utility serves approximately 122 connections in Grimes, Madison, and Leon Counties, Texas. The Emergency Rate Order authorizes a rate increase from a flat monthly rate of $12.00 per connection for Five Land Water System and Shannon Place Water System, and from a flat monthly rate of $18.00 per connection for River Oaks/Sunshine Acres Water System, to a monthly minimum including zero gallons of $34.00 for all three systems. The Emergency Rate Order also authorizes a gallonage charge of $1.80 per 1,000 gallons. The new rates would be effective May 27, 2002 for a period of 15 months or until a final rate is set, whichever occurs sooner. The application states that the rate increase is necessary to ensure the provision of continuous and adequate services to the utilities' customers. (Michelle Abrams/Geoff Kirshbaum)
Affirm the Emergency Rate Order with the following modifications: 1) FOF No. 1 as modified to reflect that as of March 5, 2002, Five Land Water System, Shannon Place Water System, and River Oaks/Sunshine Acres Water System all operate under CCN No. 12502 and that Shannon Place Water System is sometimes referred to as Shannon Estates Water System; 2) FOF No. 4 as modified to include clauses in the Application setting forth a Purchased Water/Underground Water District Fee Pass Through formula, Temporary Water Rate formula, and Governmental Testing, Inspection, and Costs Surcharge Clause and to state that the gallonage rate of $1.80 per 1,000 gallons would not be effective with regard to a water system until the time that all customers served by the system become metered; and 3) inclusion of instruction to staff to initiate immediately a hearing on the final rates if the required system improvements are not completed and service thereby improved within two months of issuance of this order, RH/RM. All Agree
RULE MATTERS
Item 34. Docket No. 2001-1411-RUL. Consideration for adoption of the new and amended sections of 30 TAC Chapter 205, General Permits for Waste Discharges; Chapter 281, Applications Processing; Chapter 305, Consolidated Permits; and Chapter 319, General Regulations Incorporated into Permits; and the repeal of Subchapter K, Criteria and Standards for Best Management Practices Authorized under the Clean Water Act, Section 304(e) of Chapter 308, Criteria and Standards for the National Pollutant Discharge Elimination System.
The principal purpose of these revisions to Chapters 205, 281, 305, 308, and 319 is to conform commission rules to United States Environmental Protection Agency (EPA) regulations under the federal Clean Water Act (CWA), either by incorporating the federal regulations by reference or by introducing language into commission rules that correspond to federal regulations. With the exception of a clarifying amendment to Section 319.11, the adopted changes would maintain equivalency with EPA regulations in order to continue delegated National Pollutant Discharge Elimination System (NPDES) permitting authority under the CWA. The proposed rules were published in the April 12, 2002 issue of the Texas Register (27 TexReg 2957). (Curtis Seaton, Steve Stubbs, Michael Hughes, Auburn Mitchell) (Rule Log No. 2001-023-305-WT)
Approve adoption and amended sections as recommended by staff, RM/KW. All Agree
Item 35. Docket No. 2002-0273-RUL. Consideration for adoption of the following new and amended sections of 30 TAC Chapter 1, Purpose of Rules, General Provisions; Chapter 39, Public Notice; and Chapter 116, Control of Air Pollution by Permits for New Construction or Modification:
New:
Section 1.12, Summary for Public Notices
Section 116.1042, Notice of Final Action
Amended:
Section 39.403, Applicability
Section 39.405, General Notice Provisions
Section 39.501, Application for Municipal Solid Waste Permit
Section 39.503, Application for Industrial or Hazardous Waste Facility Permit
Section 116.1011, Multiple Plant Permit Application
Section 116.1040, Multiple Plant Permit Public Notice and Public Participation
Section 116.1041, Multiple Plant Permit Notice and Comment Hearings
Section 116.1050, Multiple Plant Permit Application Fee
The adoption would implement provisions of House Bill (HB) 2912 (an act relating to the continuation and functions of the Texas Natural Resource Conservation Commission; providing penalties), Sections 1.12 and 2.01; HB 2947 (an act relating to the posting of notice for water discharge permits); and Senate Bill 688 (an act relating to requirements for public notice and hearing on applications for certain permits that may have environmental impact); enacted by the 77th Legislature, 2001. The adoption includes certain requirements relating to the content of public notices; public meetings for facilities that accept municipal solid waste; newspaper publications; and public notices and other procedures for multiple plant permits. The proposed rules were published in the April 26, 2002 issue of the Texas Register (27 TexReg 3449). (Lydia Gonzalez-Gromatzky, Ray Austin) (Rule Log No. 2001-028-039-AD)
Approve staff recommendation, RH/RM. All Agree
Item 36. Docket No. 2002-0188-RUL. Consideration for adoption of amendments to 30 TAC Chapter 288, Water Conservation Plans, Drought Contingency Plans, Guidelines and Requirements, Section 288.1 and Section 288.4; Chapter 295, Water Rights, Procedural, Sections 295.9, 295.13, 295.31, 295.32, 295.51, 295.71, 295.72, 295.133, 295.202; and Chapter 297, Water Rights, Substantive, Sections 297.1, 297.15, 297.18, 297.21, 297.41 - 297.43, 297.51, 297.52, 297.61, 297.71, 297.73, 297.74, and 297.104.
The amendments implement House Bill 247 and Senate Bill 2, Sections 2.01 - 2.13, 2.15, 4.03, and 4.17, 77th Legislature, 2001. The amendments revise and add definitions; make revisions necessary to implement the change from irrigation use to the more broad agricultural use; revise the procedural rules for cancellation of water rights; exempt certain water right applications from the onetime use fee; revise the permit exemption for domestic and livestock reservoirs; add a permit exemption for certain fish and wildlife management reservoirs; and require persons to timely complete and return groundwater or surface water surveys conducted by the Texas Water Development Board in order to be eligible to obtain water right permits, permit amendments, or permit renewals from the commission. The proposed rules were published in the April 12, 2002 issue of the Texas Register (27 TexReg 2965, 2998, 3004). (Todd Chenoweth, Robin Smith, Jill Burditt) (Rule Log No. 2001-031-297-WT)
Approve adoption, KW/RH. All Agree
Item 37. Docket No. 2002-0153-RUL. Consideration for adoption of the following amended sections of 30 TAC Chapter 291, Utility Regulations, Subchapter A, General Provisions, Section 291.8; Subchapter B, Rates, Rate Making, and Rates/Tariff Changes, Sections 291.21, 291.22, 291.24, 291.26, 291.28, 291.29, 291.31, 291.32, and 291.34; Subchapter E, Customer Service and Protection, Sections 291.81, 291.82, 291.85, 291.87, and 291.88; Subchapter G, Certificates of Convenience and Necessity, Section 291.113; and Subchapter H, Utility Submetering and Allocation, Sections 291.122 and 291.127.
The adoption would implement legislation regulating public utilities from House Bill (HB) 2404; HB 2912, Sections 3.10 and 20.01; Senate Bill (SB) 2, Section 2.53, Article 9, Sections 10.01, 10.03 - 10.07; and SB 352. The adopted amendments also address statutory revisions enacted by HB 924 and SB 1444 concerning the authority of districts and water supply corporations to require easements. Minor revisions are also adopted to correct citations affected by other rule changes, reformatting, and rewording for clarity. The proposed rules were published in the April 12, 2002 issue of the Texas Register (27 TexReg 2969). (Joseph Thomas, Wayne Wiley, Lara Nehman) (Rule Log No. 2001-061-291-WT)
Continued to August 7, 2002
Item 38. Docket No. 2002-0883-RUL. Consideration of a petition for rulemaking filed by the Texas Water Quality Association requesting that the commission revise Chapter 285, On-Site Sewage Facilities, to allow owners of on-site sewage facilities (OSSFs) to install and use household water softeners that discharge effluent into the OSSF, provided the water softeners meet certain criteria; to allow owners of OSSFs to install and use household water softeners that do not meet the specified criteria, provided the calculated volume of effluent meets certain criteria; to allow owners of OSSFs to install and use Point of Use (under sink unit) Reverse Osmosis systems that discharge effluent into an OSSF; and to allow owners of OSSFs to install and use whole house reverse osmosis systems that discharge effluent into the OSSF, provided the calculated volume of effluent meets certain criteria. (Kathy Brown, Warren Samuelson, Kathy Ramirez) (Rule Log No. 2002-058-PET-WT)
Direct staff to initiate rulemaking, RH/KW. All Agree
EXECUTIVE SESSION
Item 39. 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.
Commission met in Executive Session, no action taken
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. The Commission may also meet in open session to take action on a legal or personnel matters considered in the closed meeting as required by Section 551.102 of the Texas Open Meetings Act, Chapter 551 of the Government Code.
Commission met in Executive Session, 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.
Commission met in Executive Session, no action taken
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ADDENDUM TO AGENDA

Wednesday, July 24, 2002

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

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

Item 42. Docket No. 2002-0804-MWD. Consideration of permit application # 13381-001, submitted by Knox Oil of Texas, Inc. for an amendment of permit (TNRCC Permit No. 13381-001) to authorize an increase in the daily average flow from 1,800 gallons per day to 4,950 gallons per day and disposal of treated effluent via a spray evaporation system. The application also includes a request for a variance to the buffer zone requirements. This permit will not authorize a discharge of pollutants into waters in the State. The facility and disposal site are located on the northeast corner of the Interstate Highway 10 and Farm-to-Market Road 1458 intersection in the City of San Felipe in Austin County, Texas. The Commission will consider requests for reconsideration or hearing related responses and replies, timely public comment, and the Executive Director's Response to Public Comment. (Jacquelyn Boutwell, Zdenek Matl)
Deny request for reconsideration and adopt ED's Response to Comments and Issue Permit, RH/RM. All Agree