MCBEE

MARQUEZ

BAKER AGENDA

Tuesday, January 30, 1996

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.

Room 201S, Bldg E.

12118 N. Interstate 35

UNCONTESTED (Agency Enforcement Report)

Item 1. Docket No. 96- 0197- RPT. Discussion of an Agency Report on Enforcement Actions from various programs including Agriculture, Air, Industrial & Hazardous Waste, Multi- Media, Municipal Solid Waste, Occupational Certification, Petroleum Storage Tanks, Watershed Management, and Water Utilities. The discussion will also include a description of enforcement backlogs and prioritization for backlog elimination. (Anne Dobbs).

No Action Required

CONTESTED (Municipal Waste Discharge Enforcement)

Item 2. Docket No. 96- 0172- MWD- E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Nocona in Montague County; Permit Nos. 10355- 002 and 10355- 003; for flow and chlorine permit violations pursuant to the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Guy Henry/Brian Lehmkuhle)

Issue Agreed Order, RM/BM

CONTESTED (Public Water Supply Enforcement)

Item 3. Docket No. 95- 1202- PWS- E. Consideration of an agreed order assessing administrative penalties and requiring certain actions of Lonnie Allsup dba Allsup's #256 in Lamb County; PWS NO. 1400026; for public water system violations pursuant to the Texas Health and Safety Code and the Rules of the Texas Natural Resource Conservation Commission. (TOM NAPIER)

Issue Agreed Order, RM/BM

CONTESTED (Industrial Hazardous Waste Enforcement)

Item 4. Docket No. 96- 0096- IHW- E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Ware Electroplating Company in Harris County; SWR No. 34516; for industrial and hazardous waste violations pursuant to Chapter 361 of the Texas Health & Safety Code, and Chapters 5 and 26 of the Texas Water Code, and the rules of the Texas Natural Resource Conservation Commission. (Paul Sarahan).

Issue Agreed Order, RM/BM

Item 5. Docket No. 95- 0133- IHW- E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Koch Refining Company, L.P., SWR No. 30529, in Corpus Christi, Nueces County, Texas for violations of Texas Water Code section 26.121. (Laura Ray).

Issue Agreed Order, RM/BM

CONTESTED (Petroleum Storage Tank Enforcement)

Item 6. Docket No. 96- 0160- PST- E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Mr. Hung Dall Kim in Harris County; PST Enforcement Identification No. E10985; for petroleum storage tank violations pursuant to the Texas Water Code, Section 26.136, and the rules of the Texas Natural Resource Conservation Commission. (Jaime Lopez)

Issue Agreed Order, RM/JB

Item 7. Docket No. 96- 0113- PST- E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Allsup's Petroleum, Inc. in Lamb County; Enforcement Identification No. E10784; for petroleum storage tank violations pursuant to Chapter 26 of the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (William C. Foster/Theresa Haan).

Issue Agreed Order, RM/JB

Item 8. Docket No. 96- 0114- PST- E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Allsup's Petroleum, Inc. in Lamb County; Enforcement Identification No. E10785; for petroleum storage tank violations pursuant to Chapter 26 of the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (William C. Foster/Theresa Haan).

Issue Agreed Order, RM/JB

Item 9. Docket No. 96- 0177- PST- E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Tamaco Inc. in Cherokee County; Enforcement Identification No. E10735; for petroleum storage tank violations pursuant to Chapter 26 of the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Greg Warmink/Jaime Lopez).

Issue Agreed Order, RM/JB

Item 10. Docket No. 96- 0152- PST- E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of AMI Enterprises in Harris County; Enforcement ID No. E10860; for petroleum storage tank violations pursuant to the Chapter 26 of the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Linda G. Sorrells).

Issue Agreed Order, RM/JB

Item 11. Docket No. 96- 0161- PST- E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Mr. Roy Henry in Robertson County; PST Enforcement Identification No. E10703; for petroleum storage tank violations pursuant to the Texas Water Code, Section 26.136, and the rules of the Texas Natural Resource Conservation Commission. (Jaime Lopez)

Issue Agreed Order, RM/JB

Item 12. Docket No. 96- 0163- PST- E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Jack Sherman Chevrolet, Inc. in Midland County; PST Enforcement Identification No. E11332; for petroleum storage tank violations pursuant to the Texas Water Code, Section 26.136, and the rules of the Texas Natural Resource Conservation Commission. (Mark Norman)

Issue Agreed Order, RM/JB

Item 13. Docket No. 96- 0162- PST- E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Mr. James Y. Lee in McLennan County; PST Enforcement Identification No. E11233; for petroleum storage tank violations pursuant to the Texas Water Code, Section 26.136, and the rules of the Texas Natural Resource Conservation Commission. (Jaime Lopez)

Issue Agreed Order, RM/JB

Item 14. Docket No. 96- 0165- PST- E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Smith Motor Sales in Bexar County; PST Enforcement Identification No. E11199; for petroleum storage tank violations pursuant to the Texas Water Code, Section 26.136, and the rules of the Texas Natural Resource Conservation Commission. (Mark Norman)

Issue Agreed Order, RM/JB

Item 15. Docket No. 96- 0164- PST- E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Bessere Corporation in Panola County; PST Enforcement Identification No. E11068; for petroleum storage tank violations pursuant to the Texas Water Code, Section 26.136, and the rules of the Texas Natural Resource Conservation Commission. (Mark Norman)

Issue Agreed Order, RM/JB

Item 16. Docket No. 96- 0167- PST- E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Southwestern Bell Telephone Co. in Ector County; PST Enforcement Identification No. E11384; for petroleum storage tank violations pursuant to the Texas Water Code, Section 26.136, and the rules of the Texas Natural Resource Conservation Commission. (Mick Wilson)

Issue Agreed Order, RM/JB

Item 17. Docket No. 96- 0166- PST- E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of R.L. Jones Co., Inc. in Bexar County; PST Enforcement Identification No. E11219; for petroleum storage tank violations pursuant to the Texas Water Code, Section 26.136, and the rules of the Texas Natural Resource Conservation Commission. (Mark Norman)

Issue Agreed Order, RM/JB

Item 18. Docket No. 96- 0040- PST- E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Manor Food Store in Travis County; PST Enforcement Identification No. E10992; for petroleum storage tank violations pursuant to the Texas Water Code, Section 26.136, and the rules of the Texas Natural Resource Conservation Commission. (Sushil Modak)

Issue Agreed Order, RM/JB

CONTESTED (Rules)

Item 19. Docket No. 95- 1414- RUL. Consideration for adoption of 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. If adopted, the amendments would update the commissioner's rules regarding hazardous waste to address changes to the federal hazardous waste regulations made effective between July 1, 1991 and June 30, 1993. The amendments were published in the October 31, 1995 and the November 3, 1995 issue of the Texas Register. (Ray Austin)

Adopt Rules as Recommended by Staff, RM/JB

EXECUTIVE SESSION

Item 20. Docket No. 96-0223-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.

General Counsel Will do Certified Agenda

Item 21. Docket No. 96-0224-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.

General Counsel will do Certified Agenda

Item 22. Docket No. 96-0225-EXE. The Texas Natural Resource Conservation Commission will meet in closed session to discuss a proposed settlement in the following pending litigation: The Bourdeau Group, Ltd. v. The Texas Natural Resource Conservation Commission, Cause No. 94-02242, in the 261st District Court of Travis County. The authority for the closed session is 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 the settlement offer.

General Counsel will do Certified Agenda

(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.

OLD BUSINESS AGENDA

Tuesday, January 30, 1996

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.

Room 201S, Bldg E.

12118 N. Interstate 35

Item carried forward from Agenda of January 17, 1996.

Item 1. Docket No. 95-1408-Rul. Consideration for adoption of the repeal of 30 TAC Chapter 330, Subchapter O, §330.568, and amendments to §§330.561-330.567, and new §§330.568-330.569, concerning the development of regional and local solid waste management plans. If adopted, the rules would establish procedures and requirements for the distribution of municipal solid waste disposal fee revenue to regional planning agencies, and establish a requirement to include an inventory of existing and closed landfills in regional and local solid waste management plans. The proposal was published in the October 20, 1995 issue of the Texas Register (20 TexReg 8310). (Dan Eden)

Adopt Rules, RM/JB

Item carried forward from Agenda of January 10, 1996.

Item 2. Docket No. 96-0141-EXE. The Texas Natural Resource Conservation Commission will meet in closed session to discuss the following: (1) pending litigation; In Re Tejas Testing Technology One, L.C. and Tejas Testing Technology Two, L.C., Case Nos. 95-12265 and 95-12266, Jointly Administered under Case No. 95-12265-FM; and Tejas Testing Technology One, L.C. and Tejas Testing Technology Two, L.C. Snap-on Incorporated, Plaintiffs v. Texas Natural Resource Conservation Commission Barry McBee, Ralph Marquez, John Baker, Dan Pearson, Dan Morales, The Texas Department of Public Safety, James R. Wilson, The Texas Department of Transportation and William G. Burnett, Defendants, Adversary Proceeding No. 95-1207, both in the United States Bankruptcy Court for the Western District of Texas--Austin division; and (2) legal matters with respect to the contract between the TNRCC 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 on legal matters with respect to the MARTA Technologies, Inc. contract.

General Counsel will do Certified Agenda

Item carried forward from Agenda of January 17, 1996.

Item 3. Docket No. 96-0188-EXE. The Commission will meet to consider issues with regard to establishing certain guiding principles for the conduct of Commission business.

No Action Taken