MCBEE
MARQUEZ
BAKER

AGENDA

Wednesday, October 18, 1995

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.
Room 201S, Bldg E.
12118 N. Interstate 35



UNCONTESTED (District Matter)

Item 1. Docket No. 95- 1491- DIS. Consideration of an order adopting Bond Application Report Formats for use in reviewing proposed bond issues of water districts in the state. For Commission consideration. The Executive Director proposes bond application report formats as directed by 30 TAC, Section 293.43(5) for; 1) bond applications for districts with a developer containing developer reimbursements, and 2) bond applications for districts without a developer and which do not contain developer reimbursements. (Robert Ferguson)

Approve Staff Recommendation, RM/BM

UNCONTESTED (Water Utility Matter)

Item 2. Docket No. 95- 1433- UCR. Consideration of the application of Leisurewoods Water Company Inc. to amend Water Certificate of Convenience and Necessity Number 10880 and to decertify a portion of Certificate of Convenience and Necessity Number 11953 issued to the City of Buda in Hays County, Texas. (Application # 30888- C, Doug Holcomb)

Approved, RM/JB

UNCONTESTED (Contracts)

Item 3. Docket No. 95-1374-CON. Consideration to enter into contract with the Brazos River Authority for water quality assessments performed under the Clean River Program; Section 26.0135 of the Texas Water Code. (Jill Russell)

Approve Contract, RM/JB

Item 4. Docket No. 95-1375-CON. Consideration to enter into contract with the Houston-Galveston Area Council for water quality assessments performed under the Clean River Program; Section 26.0135 of the Texas Water Code. (Linda Brookins)

Approve Contract, RM/JB

CONTESTED (Petroleum Storage Tank Enforcement)

Item 5. Docket No. 95- 1380- PST- E. Consideration of a TNRCC Agreed Order, pursuant to Texas Water Code Section 26.136 for violations of 30 Texas Administrative Code Chapter 334.50 (b) (1) (A) and 334.50 (b) (2) pertaining to petroleum storage tanks, assessing administrative penalties and requiring certain actions of Federal Petroleum Company, Hidalgo County, PST Enforcement Identification No. E10881. (Paul Sarahan/Mark D. Norman)

Issue Agreed Order, RM/JB

Item 6. Docket No. 95- 1441- 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 Pioneer Oil Company, Crosby County; PST Enforcement Identification No. E10881. (Paul Sarahan/Mark D. Norman).

Issue Agreed Order, RM/JB

Item 7. Docket No. 95- 1440- 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 D.C. Distributors, Inc., Rusk County; PST Enforcement Identification No. E10877. (Paul Sarahan/Mark D. Norman).

Issue Agreed Order, RM/JB

Item 8. Docket No. 95- 1210- PST- E. Consideration of a TNRCC Agreed Order for violations of TNRCC rules relating to underground storage tanks and assessing administrative penalties and requiring certain actions of BASN Corporation. (Raymond C. Winter).

Issue Agreed Order, RM/JB

CONTESTED (Hearing Request Denial)

Item 9. Docket No. 95- 1487- AIR. Consideration of a request for public hearing and renewal of permit no. AQ 5717 Frisby Bell Gin Co. LaVilla, Texas. (Ronnie Jones)

Deny Hearing Request, RM/BM

Item 10. Docket No. 95- 1484- AIR. Consideration of a request for public hearing from Donald and Cynthia Hellstern and renewal of permit No. 6426 Gibson- Homans Company, Ennis, Texas. (Maria Sanchez)

Deny Hearing Request, BM/JB

CONTESTED (Rules)

Item 11. Docket No. 95- 1467- RUL. Consideration for publication of and hearing on a proposed new section to 30 TAC Chapter 337, Subchapter A, Section 337.11, concerning Enforcement Generally. The proposed new section would allow the Commission to approve installment payment plans in enforcement actions and provide that qualifying small businesses have the right to an installment payment plan. The new section is proposed in response to Senate Bill 424, 74th Legislature. (John Gillen).

Approve Publication and Hearing, RM/BM

Item 12. Docket No. 95- 1414- RUL. Consideration for publication of proposed amendments to 30 TAC, Chapter 305, Subchapter C, concerning Application for Permit, Subchapter D, concerning Amendments, Renewals, Transfers, Corrections, Revocation, and Suspension of Permits, Subchapter F, concerning Permit Characteristics and Conditions; and 30 TAC Chapter 335, Subchapter A, concerning Industrial Solid Waste and Municipal Hazardous Waste Management in General, Subchapter C, concerning Standards Applicable to Generators of Hazardous Waste, Subchapter E, concerning Interim Standards for Owners, and Operators of Hazardous Waste Storage, Processing, or Disposal Facilities, Subchapter F, concerning Permitting Standards for Owners and Operators of Hazardous Waste Storage, Processing, or Disposal Facilities and Subchapter H, concerning Standards for the Management of Specific Wastes and Specific Types of Facilities. The changes proposed are modelled after, or adopt federal hazardous waste regulations made effective between July 1, 1991 and June 30, 1993. (Ray Austin).

Approve Publication, RM/JB

Item 13. Docket No. 95- 1409- RUL. Consideration for publication and hearing of proposed amendments to 30 TAC Chapter 330, Subchapter U, concerning Grants Pertaining to the Collection, Reuse, and Recycling of Used Oil, and Subchapter V, concerning Waste Tire Recycling and Energy Recovery Grants. The proposed rules will implement grant- related actions directed by Senate Bill 776 and Senate Bill 1683, pertaining to the waste tire recycling program and to the collection, management, and recycling of used oil and used oil filters, respectively. (Eddie Molina).

Continued to November 1, 1995

CONTESTED (State Office Administrative Hearings)

Item 14. Docket No. 95- 0597- AIR. SOAH Docket No. 582- 95- 1033. Consideration of Administrative Law Judge's Proposal for Decision & Order concerning the application of West Texas Wilbert Vault Company for Qualification of Standard Exemption No. 26193 to authorize the construction of a specialty concrete batch plant in Lubbock, Lubbock County, Texas. Recommendation: Issuance of registration exemption. ALJ: Bill Ehret

Adopt Administrative Law Judge's Recommendation and Overrule exception 1, BM/RM

Item 15. Docket No. 95- 0936- MWD. Consideration of Administrative Law Judge's Proposal for Decision concerning the application of North Texas Municipal Waste District for an amendment to Permit No. 12047- 01 to authorize an increase in the discharge of treated domestic wastewater effluent from a volume not to exceed an average flow of 1,500,000 gallons per day to a volume not to exceed an average flow of 2,250,000 gallons per day at its Buffalo Creek wastewater treatment facility in Rockwall County. Texas and Segment No. 0819 of the Trinity River Basin. Recommendation: Issuance of permit amendment. ALJ: Bill Zukauckas

Accept Administrative Law Judge's Recommendation on Issue 1 & 4, BM/JB -- Do Not Accept Administrative Law Judge's recommendation on Issue 2 & 3, BM/RM -- Issue Permit Amendment

EXECUTIVE SESSION

Item 16. Docket No. 95-1546-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 17. Docket No. 95-1547-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 18, 1995

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

1:30 p.m.
Room 201S, Bldg E.
12118 N. Interstate 35


Item 18. Docket No. 95-0296-IHW. Commissioners will consider the Motions for Rehearing filed by Susan Potts, Buck Wynne, Jennifer Riggs and Marianne Baker, concerning proposed permit No. HW 50325 and Permit No. WDW-167 of Waste Water Inc. The Commission adopted Examiner's Proposal for Decision on August 23, 1995 and issued an order on September 8, 1995.

Continued to October 25, 1995 at 1:00 p.m.

SECOND ADDENDUM TO AGENDA

Wednesday, October 18, 1995

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.
Room 201S, Bldg E.
12118 N. Interstate 35


Item 19. Docket No. 95-1561-UCR. Consideration of the application of Bexar Metropolitan Water District, CCN No. 10675, to Transfer and to Cancel Water CCN No. 10664 from Hill Country S.A., Ltd. dba Hill Country Water Systems and to Amend CCN No. 10675 in Bexar County, Texas. (Application #30911-S, Doug Holcomb)

Continued to October 25, 1995

OLD BUSINESS AGENDA

Wednesday, October 18, 1995

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.
Room 201S, Bldg E.


Item 1. Docket No. 95- 1083- IHW- E. Consideration of a Texas Natural Resource Conservation Commission Order assessing administrative penalties and requiring certain actions of Merichem Company; Solid Waste Registration No. 30595 (Mohammed Moheeth/Ann Foster)

Issue Agreed Order, RM/JB

Item 2. Docket No. 95-1518-EXE. The Texas Natural Resource Conservation Commission will hold a closed meeting to discuss pending litigation related to the Edwards Aquifer, including the following pending matters: (1) Sierra Club, et al. v. Bruce Babbitt, et al., No. 91-CA-069, United States District Court, Western District of Texas, Midland-Odessa Division; and (2) Sierra Club, et al. v. Bruce Babbitt, et al., Nos. 94-50260 and 95-50165, United States Court of Appeals for the Fifth Circuit. In accordance with the Texas Open Meetings Act, Chapter 551 of the Government Code, the Commission will first convene in open meeting, and then hold a closed meeting to consult with counsel concerning these matters. The authority for the closed meeting is Section 551.071 of the Texas Open Meetings Act, Chapter 551 of the Government Code. The Commission may meet in open meeting to take official action concerning this matter.

No Action Taken