MCBEE
MARQUEZ
BAKER
AGENDA
Wednesday,
October 4, 1995
TEXAS NATURAL RESOURCE CONSERVATION
COMMISSION
9:30 a.m.
Room 201S, Bldg E.
12118 N. Interstate
35
UNCONTESTED (Water Utility Matters)
Item 1.
Docket No. 95-
1389-
UCR.
Consideration of the application of City of Bastrop to amend Water Certificate
of Convenience and Necessity Number 11198 and Sewer Certificate of Convenience
and Necessity Number 20466 and to Decertify a Portion of Aqua Water Supply
Corporation, Certificate of Convenience and Necessity Number 10294, in Bastrop
County, Texas. (Application # 30788-
C
and 30789-
C,
Vera Poe)
Approved, RM/BM
Item 2. Docket No. 95-
1388-
UCR.
Consideration of the application of Cahill Country Landowners Cooperative for
a Water Certificate of Convenience and Necessity and to Decertify a Portion of
CCN No. 10081 Issued to Johnson County Rural Water Supply Corporation in
Johnson County, Texas. (Application # 30579-
C,
Albert Holck)
Approved, RM/BM
CONTESTED (Municipal Waste
Discharge Enforcements)
Item 3. Docket No. 95-
0666-
MWD-
E.
Consideration of an Agreed Order Assessing Administrative Penalties and
Requiring Certain Actions of the City of Eagle Pass, Permit No. 10406-
002
for violating 30 TAC Section 325.3(a) by failing to have a certified operator
supervise work done to open a plugged sewage line in the City's wastewater
collection system. (Mike Meyer/Geoffrey Petrov/Guy Henry).
Issue Agreed Order, JB/RM
Item 4. Docket No.
95-1359-MWD-E. Consideration of a Texas Natural Resource Conservation
commission agreed order assessing administrative penalties and requiring
certain actions of the City of Palacios in Matagorda County, Texas, TNRCC
Permit No. 10593-01. (Smith, Henry)
Issue Agreed Order,
JB/RM
Item 5. Docket No. 95-1367-MWD-E. Consideration of a
Texas Natural Resource Conservation Commission agreed order assessing
administrative penalties and requiring certain actions of City of Austwell in
Refugio County, Texas. TNRCC PERMIT NO. 11117-01. (Angelle,
Henry)
Issue Agreed Order, JB/RM
CONTESTED (Municipal Solid
Waste Enforcement)
Item 6. Docket No. 95-
1392-
MSW-
E.
Consideration of Agreed Order assessing administrative Penalties and requiring
certain actions of Preston Word and Pres Word, Inc.; Unauthorized solid waste
site number MSW-
33546;
Located in Comal County. (Shepherd, Haase)
Issue Agreed Order,
JB/RM
CONTESTED (Public Water Supply Enforcement)
Item 7.
Docket No. 95-
1149-
PWS-
E.
Consideration of an agreed order resolving an enforcement action against
Jack E. Owen dba Council Creek, Inc. for violations of the Texas Health and
Safety Code, Chapter 341, Subchapter C and the rules of the Texas Natural
Resource Conservation Commission; assessing administrative penalties and
requiring certain actions of Jack E. Owen dba Council Creek, Inc.
Issue
Agreed Order, RM/BM
CONTESTED (Petroleum Storage Tank Enforcements)
Item 8.
Docket No. 95-
1330-
PST-
E.
Consideration of a TNRCC Agreed Order, pursuant to Texas Water Code Section
26.136 for violations of 30 Texas Administrative Code Chapter 334 pertaining to
petroleum storage tanks, assessing administrative penalties and requiring
certain actions of Cantrell Corporation, Wheeler County; PST Enforcement
Identification No. E11096. (Srini Kusumanchi).
Issue Agreed Order,
RM/JB
Item 9. Docket No. 95-
1329-
PST-
E.
Consideration of a TNRCC Agreed Order, pursuant to Texas Water Code Section
26.136 for violations of 30 Texas Administrative Code Chapter 334 pertaining to
petroleum storage tanks, assessing administrative penalties and requiring
certain actions of McLain Truck Service, Inc., Ward County; PST Enforcement
Identification No. E11020. (Srini Kusumanchi)
Issue Agreed Order,
RM/JB
Item 10. Docket No. 95-
1387-
PST-
E.
Consideration of a TNRCC Agreed Order, pursuant to Texas Water Code Section
26.136 for violations of 30 Texas Administrative Code Chapter 334 pertaining to
petroleum storage tanks, assessing administrative penalties and requiring
certain actions of Sac-
N-
Pac
Stores, Inc., Hays County; PST Enforcement Identification No. E10999. (Jaime
Lopez)
Issue Agreed Order, RM/JB
Item 11. Docket No. 95-
1386-
PST-
E.
Consideration of a TNRCC Agreed Order, pursuant to Texas Water Code Section
26.136 for violations of 30 Texas Administrative Code Chapter 334 pertaining to
petroleum storage tanks, assessing administrative penalties and requiring
certain action of San Antonio Merchant Shippers, Incorporated, Bexar County;
PST Enforcement Identification No. E11221. (Jaime Lopez)
Issue Agreed
Order, RM/JB
Item 12. Docket No. 95-
1385-
PST-
E.
Consideration of a TNRCC Agreed Order, pursuant to Texas Water Code Section
26.136 for violations of 30 Texas Administrative Code Chapter 334 pertaining to
petroleum storage tanks, assessing administrative penalties and requiring
certain actions of Southwest Fuel Co., Reagan County; PST Enforcement
Identification No. E11069. (Jaime Lopez)
Issue Agreed Order, RM/JB
Item 13. Docket No. 95-
1384-
PST-
E.
Consideration of a TNRCC Agreed Order pursuant to Texas Water Code Section
26.136 for violations of 30 Texas Administrative Code Chapter 334 pertaining to
petroleum storage tanks, assessing administrative penalties and requiring
certain actions of Mr. Jose J. Cantu, Hidalgo County; PST Enforcement
Identification No. E10955. (Sushil Modak)
Issue
Agreed Order, RM/JB
Item 14. Docket No. 95-
1332-
PST-
E.
Consideration of a TNRCC Agreed Order pursuant to Texas Water Code Section
26.136 for violations of 30 Texas Administrative Code Chapter 334 pertaining to
petroleum storage tanks, assessing administrative penalties and requiring
certain actions of H & D Investments, Midland County; PST Enforcement
Identification No. E11196. (Sushil Modak)
Issue Agreed Order,
RM/JB
Item 15. Docket No. 95-
1333-
PST-
E.
Consideration of a TNRCC Agreed Order pursuant to Texas Water Code Section
26.136 for violations of 30 Texas Administrative Code Chapter 334 pertaining to
petroleum storage tanks, assessing administrative penalties and requiring
certain actions of Mr. Daniel Park, Harris County, PST Enforcement
Identification No. E10960. (Mark Norman)
Issue Agreed Order,
RM/JB
Item 16. Docket No. 95-
1331-
PST-
E.
Consideration of a TNRCC Agreed Order pursuant to Texas Water Code Section
26.136 for violations of 30 Texas Administrative Code Chapter 334 pertaining to
petroleum storage tanks, assessing administrative penalties and requiring
certain actions of Alvin's Food Store, Calhoun County; PST Enforcement
Identification No. E11203. (Sushil Modak)
Issue Agreed Order,
RM/JB
CONTESTED (State Office Administrative Hearing, Proposal for
Decision)
Item 17. Docket No. 95-
1020-
AIR.
SOAH Docket No. 582-
95-
1-
2028.
Consideration of ALJ's Proposal for Decision concerning the application of AAA
Industrial Chromium Company in Tarrant County, Texas. Applicant seeks
affirmation of the Executive Director's Emergency Order, which authorizes the
construction and operation of a new chromium plating facility. Recommendation:
Affirm the ED's Emergency Order with changes to Order Provision Numbers 7 and
8. (Sylvia McClellan)
Adopt Administrative Law Judge's Proposal for
Decision and Issue Order, RM/JB
EXECUTIVE SESSION
Item 18.
Docket No. 95-1442-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 19. Docket No.
95-1443-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
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.)
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, October 4, 1995
TEXAS NATURAL
RESOURCE CONSERVATION COMMISSION
9:30 a.m.
Room 201S, Bldg
E.
12118 N. Interstate 35
Item 20. Docket No. 95-1465-EXE.
The Texas Natural Resource Conservation Commission (TNRCC) will meet in
closed session to discuss the following pending litigation and related legal
matters: (1) Tejas Testing Technology One, L.C. and Tejas Testing
Technology Two, L.C. v. Texas Natural Resource Conservation Commission, Barry
McBee, Ralph Marquez, John M. Baker, Dan Pearson, Dan Morales, the Texas
Department of Public Safety, and James R. Wilson, Cause No. 95-05307, in
the State District Court of Travis County; (2) In Re Tejas Testing
Technology One, L.C., Cause No. 95-12265, in the U.S. Bankruptcy Court for
the Western District of Texas, Austin Division; (3) In Re Tejas Testing
Technology Two, L.C., Cause No. 95-12266, in the U.S. Bankruptcy Court for
the Western District of Texas, Austin, Division; and (4) legal matters with
respect to the contracts between the TNRCC and Tejas Testing Technology One,
L.C., Tejas Testing Technology Two, L.C., and MARTA Technologies, Inc. The
authority for the closed session is Section 551.071 of the Open Meetings Act,
Chapter 551 of the Government Code. The Act requires the Commission to
reconvene in open session before taking any vote or making any decision. The
Commission may meet in open session to take official action concerning these
legal matters, including action on the contracts.
No Action
Taken
SECOND ADDENDUM TO AGENDA
Wednesday, October 4,
1995
TEXAS NATURAL RESOURCE CONSERVATION COMMISSION
11:30
a.m.
J.J. Pickle Research Campus
The Commons Building
Room No.
1.138
10100 Burnet Road
Item 21. Docket No. 95-1455-EXE.
The Commissioners will meet in Closed Session to discuss their duties and roles
as Commissioners of the Texas Natural Resource Conservation Commission under
Section 551.074 of the Open Meetings Act, Chapter 551 of the Government Code.
The Commission may also meet in Open Session to consider their duties and roles
in accordance with Chapter 551 of the Government Code.
General Counsel
Will do Certified Agenda
Item 22. Docket No. 95-1456-EXE. The
Commissioners will meet in Closed Session to discuss the duties and role of the
Executive Director of the Texas Natural Resource Conservation Commission under
Section 551.074 of the Open Meetings Act, Chapter 551 of the Government Code.
The Commision may also meet in Open Session to consider the duties and roles of
the Executive Director in accordance with Chapter 551 of the Government Code.
General Counsel will do Certified Agenda
Item 23. Docket No.
95-1457-EXE. The Commissioners will meet in Open Session to consider the
Commission's goals, priorities, and policies, the duties and role of the
Commission's executive management, including its deputy directors and other
senior management, and the management culture conducive to achievement of the
agency's priorities.
General Counsel will do Certified Agenda
OLD
BUSINESS AGENDA
Wednesday, October 4, 1995
TEXAS NATURAL RESOURCE
CONSERVATION COMMISSION
9:30 a.m.
Room 201S, Bldg E.
12118 N.
Interstate 35
Item carried forward from Agenda of September 27,
1995.
Item 1. Docket No. 95-1421-RUL. Consideration of petition
for rulemaking to adopt a new 30 TAC Chapter 263, Section 263.88, regarding
Involvement by Former Employee. Approval of this petition would begin
rulemaking to define the requirements of, and create a good faith exception to,
Texas Health & Safety Code Ann. [[section]] 361.0885. The staff
recommends denial of this petition. (Randall Terrell)
Deny Petition,
RM/JB