HALL

REED

GARNER AGENDA

Wednesday, April 5, 1995

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.

Bldg E. Room 201S

12118 N. Interstate 35

UNCONTESTED (Municipal Waste Discharge Permit Renewal)

Item 1. Docket No. 95-0268-MWD. APPLICATION BY ALBERT H. KORENEK DBA COUNTRY OAKS ARBOR MHP for renewal of Permit No. 12680-01 which authorizes a discharge of treated domestic wastewater effluent at a volume not to exceed an average flow of 12,000 gallons per day from the Country Oaks Arbor MHP Wastewater Treatment Facilities. The plant site is at 3318 County Road 89, approximately 1 1/3 miles southwest of the intersection of Farm-to-Market Road 1128 and Farm-to-Market Road 518 in Brazoria County, Texas. (Tom Weber)

Approved, PG/PR

UNCONTESTED (Amendment to Agricultural Wastewater Permit)

Item 2. Docket No. 95-0351-AGR. APPLICATION BY NEW QUEST DAIRY for an amendment to Permit No. 03391 to authorize an increase in the number of head from 600 to 700 milking head with a maximum total of 850 head in confinement. The permit authorizes disposal of waste and wastewater and will generate washdown water, flushwater and stormwater which will be retained in one storage pond. Wastewater from the pond is disposed of by irrigation of 69 acres of agricultural land. Manure/solids will be disposed of as fertilizer on approximately 398 acres of adjacent agricultural land under contract. No discharge of pollutants into the waters of the State is authorized by this permit. The dairy is approximately two and one quarter miles northwest of the intersection of U.S. Highway 60 and Farm-to-Market Road 2590 in Randall County, Texas.

Approved, PG/PR

UNCONTESTED (Class 3 Modification to Industrial Hazardous Waste Permit)

Item 3. Docket No. 95-0507-IHW. Consideration of an application by FINA OIL AND CHEMICAL COMPANY - PORT ARTHUR for a Class 3 permit modification to Permit No. HW-50074 in accordance with 30 TAC Section 305.69. The permit authorizes operation of an industrial solid waste storage and processing facility for the management of Class I hazardous and Class I non-hazardous industrial solid waste. The permit modification authorizes the continued operation of two hazardous waste surface impoundments for the management of non-hazardous wastes generated on-site as well as closure and post-closure of these units. The facility is located on approximately 355 acres on Texas FM 366 and 32nd Street, Port Arthur, Jefferson County, Texas.

Approved, PR/PG

UNCONTESTED (District Matters)

Item 4. Docket No. 94- 0609- DIS. CONSIDERATION OF A PROPOSED ORDER ACTING ON THE APPLICATION BY SOUTHLAND OAKS MUNICIPAL UTILITY DISTRICT OF TRAVIS COUNTY FOR APPROVAL OF $4,070,000 UNLIMITED TAX AND REVENUE BONDS, SECOND ISSUE, 8.17% NET EFFECTIVE INTEREST RATE, SERIES 1995. For Commission consideration. The District's application requests Commission approval of a bond issue to finance water, wastewater & drainage facilities for Sections 9A, 9E, 9F, 11A, 11B, 12, 13 and 10A. (Robert Ferguson)

Approved, PG/PR

Item 5. Docket No. 95- 0472- DIS. CONSIDERATION OF A PROPOSED ORDER APPROVING THE APPLICATION BY GREATER TEXOMA UTILITY AUTHORITY OF COOKE AND GRAYSON COUNTIES FOR APPROVAL OF $380,000 CONTRACT REVENUE BONDS - VAN ALSTYNE, SERIES 1995, FIFTEENTH ISSUE; TO THE TEXAS WATER DEVELOPMENT BOARD; 5.65% NET EFFECTIVE INTEREST RATE; PURSUANT TO ACTS OF THE 66TH LEGISLATURE, CHAPTER 97, 1979, AS AMENDED AND V.T.C.A., TEXAS WATER CODE SECTION 54.516. For Commission consideration. The Authority is planning to finance construction of replacement collection lines to reduce infiltration and increase capacity in the City of Van Alstyne wastewater system. (Robert Ferguson)

Approved, PG/PR

Item 6. Docket No. 95- 0054- DIS. CONSIDERATION OF A PROPOSED ORDER APPROVING THE APPLICATION BY HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 168 FOR APPROVAL OF THE RELEASE OF ESCROWED FUNDS, THE USE OF SURPLUS FUNDS, AND AMENDMENT TO THE ORDER DATED MARCH 26, 1986; $5,910,000 BOND ISSUE APPROVED MARCH 26, 1986. For Commission consideration. Applicant requests approval of the release of $797,500 in escrowed funds and the use of $102,500 in surplus funds to finance the improvements to the District's Water Plant No. 2. (Robert Ferguson)

Approved, PG/PR

UNCONTESTED (Utility Matter)

Item 7. Docket No. 95- 0482- UCR. Approval of City of Quinlan to Transfer a Portion of Water CCN No. 11968 from 4- R Ranch Water No. 2 and Amend Water CCN No. 10925 and Water CCN No. 11968 in Hunt County, Texas. (Application # 30518- S, Diego Abrego)

Approved, PR/PG

UNCONTESTED (Settled Hearings)

Item 8. Docket No. 95-0233-PST. Consideration of Examiner's Memorandum and Agreed Order regarding Woodrum Oil Company's protest of the Executive Director's denial of a portion of a reimbursement claim from the Petroleum Storage Tank Remediation Fund for a site designated LPST I.D. No. 94824- B. The site is located at Woodrum Exxon, O'Donnell, Lynn County, Texas. Recommendation: Dismissal with Prejudice. (CYNTHIA HAYES)

Adopt Examiner's Memorandum and Issue Order, PG/PR

Item 9. Docket No. 95-0107-UCR. Consideration of Examiner's Memorandum and Order concerning the application of B & W Gathering Co., Inc. to increase retail sewer rates in Burnet County, Texas. Applicant provides retail sewer service to approximately 160 customers. Recommendation: Adoption of agreement of parties. Examiner: Jim Bateman.

Adopt Examiner's Memorandum and Issue Order, PG/PR

Item 10. Docket No. 95-0400-AIR. Consideration of Examiner's Memorandum concerning the application of The Elk Corporation for an amendment to Air Quality Permit No. 5900 to authorize the construction and operation of a second mat products manufacturing line and to increase the allowable emission rates of associated air contaminants in Ellis County, Texas. Recommendation: Issuance of amended permit. (BILL EHRET)

Adopt Examiner's Memorandum and Issue Permit, PG/PR

Item 11. Docket No. 95-0420-MSW. Consideration of Examiner's Memorandum and Order concerning the appeal of Western Environmental Systems Technology, Inc. dba West, Inc. of a denial by the Executive Director of TNRCC of a medical waste transporter registration to Western Environmental Systems Technology, Inc. dba West, Inc., located in Amarillo, Potter County, Texas. Recommendation: Dismissal (Cynthia Hayes)

Adopt Examiner's Memorandum and Issue Order, PG/PR

Item 12. Docket No. 95-0488-MWD. Consideration of Examiner's Memorandum concerning the application of El Paso WCID for a renewal of Permit No. 10167- 001 to authorize the discharge of 157,000 gallons per day of treated domestic wastewater effluent in El Paso County, Texas in Segment No. 2314 of the Rio Grande Basin. Recommendation: Issuance of Permit. (Carol Wood)

Adopt Examiner's Memorandum and Issue Permit, PG/PR

Item 13. Docket No. 94-0571-IWD. Consideration of Examiner's Memorandum concerning the application of TCI- El Campo Rice Mill, Limited Partnership for Permit No. 03659 to authorize the disposal by irrigation not to exceed 1.2 acre- feet/acre/year of partially treated wastewater effluent in Wharton County, Texas, and Segment No. 1604 of the Lavaca River Basin. Recommendation: Issuance of Permit. (Alexandre Bourgeois)

Adopt Examiner's Memorandum and Issue Permit, PG/PR

Item 14. Docket No. 94- 0691- UCR. Consideration of Examiner's Memorandum and Order concerning the application of the City of Weslaco for an amendment to sewer Certificate of Convenience and Necessity No. 20198 in Hidalgo County, Texas. RECOMMENDATION: Adoption of agreement of parties. (BILL ZUKAUCKAS)

Adopt Examiner's Memorandum and Issue Order, PG/PR

UNCONTESTED (Superfund Contracts)

Item 15. Docket No. 95- 0508- SPF. Consideration of authorizing the Executive Director to execute a contract with Eagle Construction and Environmental Services, Inc., for construction services during the soils operable unit remediation at the North Cavalcade Street Superfund Site. (Lel Medford)

Approve Contract as recommended by staff, PR/PG

CONTESTED (Air Quality Permit)

Item 16. Docket No. 95-0491-AIR. Consideration of Glenn Thurman, Inc's application for Air Quality Permit No. 22332A. Recommendation: Denial of hearing request and issuance of permit. Wise County, Texas. (Bill Ehret)

Deny Hearing and Issue Permit, PG/PR

Item 17. Docket No. 95-0490-AIR. Consideration of Phillips 66 Company's application for Air Quality Permit No. 3251A. Recommendation: Denial of hearing request and issuance of permit. (Bill Ehret)

Deny Hearing and Issue Permit, PG/PR

CONTESTED (Municipal Waste Discharge Enforcement)

Item 18. Docket No. 95- 0408- MWD- E. Consideration of a Texas Natural Resource Conservation Commission Agreed Order Assessing Administrative Penalties and Requiring Certain Actions of Jefferson County WCID No. 10, No TNRCC Permit. (Eaves)

Issue Agreed Order, PR/PG

Item 19. Docket No. 95- 0443- MWD- E. Consideration of a Texas Natural Resource Conservation Commission Agreed Order Assessing Administrative Penalties and Requiring Certain Actions of City of Campbell, No TNRCC Permit. (Laurie Eaves)

Issue Agreed Order, PR/PG

CONTESTED (Municipal Solid Waste Enforcement)

Item 20. Docket No. 95- 0474- MSW- E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Texas Waste Systems; Permit No. 1614; (Shepherd/McCollum)

Issue Agreed Order, PG/PR

CONTESTED (Sludge Enforcement)

Item 21. Docket No. 94- 0732- SLG- E. Consideration of a Texas Natural Resource Conservation Commission Agreed Order Assessment Administrative Penalties and Requiring Certain Actions of Walden Company, Inc., Permit No. 20114. (Geoff Petrov/Robert Powell).

Issue Agreed Order, PR/PG

CONTESTED (Industrial Hazardous Waste Enforcement)

Item 22. Docket No. 95- 0526- IHW- E. Consideration of an Agreed Order Resolving an Enforcement Action instituted against Occidental Chemical Corporation, SWR 38280, Permit No. HW 50322- 000, under the Texas Solid Waste Disposal Act, Tex. Health and Safety Code Ann. Chapter 361 (Vernon Supp. 1992), and assessing administrative penalties and requiring certain actions of Occidental Chemical Corporation. (Sally Jo Hahn/Lila Beckley)

Issue Agreed Order, PR/PG

CONTESTED (Petroleum Storage Tank Enforcement)

Item 23. Docket No. 95- 0492- PST- E. Consideration of a TNRCC Agreed Order pursuant to Texas Water Code Section 26.136 for violations of 30 Texas Administrative Code Section 334.50(b) assessing administrative penalties and requiring certain actions of Mr. Terry J. Green.; Enforcement Identification No. E10458. (Craig Carson).

Issue Agreed Order, PG/PR

CONTESTED (Water Right Permit)

Item 24. Docket No. 95-0264-WR. Commission hearing on application for extension of time to commence & complete construction of dam creating Brushy Creek Reservoir pursuant to 11.145, Texas Water Code and TNRCC Rules 30 TAC 295.1, et seq. Certificate of Adjudication No. 12-4355, as amended, includes authorization for City of Marlin to construct & maintain a dam creating Brushy Creek Reservoir on Brushy Creek, tributary of Big Creek, tributary of Mussel Run Creek, tributary of Brazos River, Brazos River Basin, in Falls County, approximately eight miles northeast of Marlin, Texas. Applicant is requesting extension of commencement date for construction of dam from April 19, 1993 to April 19, 1997 & extension of completion date for construction of dam from April 19, 1996 to April 19, 2001.

Approved, PR/PG

CONTESTED (Rule)

Item 25. Docket No. 95- 0445- RUL. Consideration for adoption of 30 TAC, Chapter 330, Subchapter Q, Section 330.735, concerning a Memorandum of Understanding between the Texas Natural Resource Conservation Commission and the Texas Department of Health. If approved, the new section would establish the jurisdictions and responsibilities of the respective agencies with regard to the treatment, storage, processing, and/or disposal of special wastes from health care related facilities. (Patricia Riley)

Adopt 30 TAC, Chapoter 330, Subchapter Q, Section 330-735, PG/PR

CONTESTED (Proposal for Decision)

Item 26. Docket No. 95-0410-AIR. Consideration of Examiner's Proposal for Decision and Order concerning the application of Lyondell- Citgo Refining Company, Ltd. for an Emergency Order to take immediate action to repair a gas pipeline damaged by a catastrophic event at the company's plant and to emit air contaminants at the company's marine dock in Harris County, Texas; Recommendation: Affirmation of Emergency Executive Order. (Alexandre Bourgeois)

Adopt Examiner's Proposal for Decision and Issue Order Affirming Emergency Order, PR/PG

EXECUTIVE SESSION

Item 27. Docket No. 95-0588-EXE. THE COMMISSION WILL MEET IN EXECUTIVE SESSION TO 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 GOV'T CODE, Sections 551.071 and 551.074, the Open Meetings Act. No final action, decision or vote with regard to any matter considered in closed session shall be made in the absence of further notice issued in accordance with Chapter 551 of the Government Code.

No Action Taken

Item 28. Docket No. 95-0589-EXE. COMMISSIONERS WILL MEET IN EXECUTIVE SESSION TO DISCUSS THEIR DUTIES, ROLES, AND RESPONSIBILITIES AS COMMISSIONERS OF THE TNRCC UNDER GOV'T CODE, SECTION 551.074, the Open Meetings Act. No final action, decision or vote with regard to any matter considered in closed session shall be made in the absence of further notice issued in accordance with Chapter 551 of the Government Code.

No Action Taken

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