MARQUEZ
BAKER
AGENDA
Wednesday, March 20, 1996
TEXAS NATURAL RESOURCE CONSERVATION COMMISSION
9:30 a.m.
Room 201S, Bldg E.
12118 N. Interstate 35
CONTESTED (Hearing Request)
Item 1. Docket No. 95-1626- WR. DALLAS COUNTY PARK CITIES MUNICIPAL UTILITY DISTRICT Application No. 08-2363A to amend Certificate of Adjudication No. 08-2363 which authorizes storage of 50,000 acre-feet of water in Grapevine Reservoir on Denton Creek, Trinity River Basin, and diversion and use of not to exceed 50,000 acre-feet of water per annum from the reservoir for domestic, municipal, industrial and recreational purposes within the Dallas County Park Cities Municipal Utility District in Dallas, Denton and Tarrant Counties, Texas. The Commission will consider the application and the hearing requests that have been filed on the application.
Remand to State Office Administrative Hearing with consideration of full range of issues and Remand Dallas Permit to State Office Administrative Hearing to be considered with this hearing, Aternative Dispute Resolution will take an Active Role in this issue, BM/JB
Item 2. Docket No. 96-0320-WR. South Loop Land & Cattle, L.C. to amend Certificate of Adjudication No. 19-2151 to divert and use 1,950 acre-feet of water per year to irrigate 650 acres of land, which includes two diversion points, one out of Canvasback Lake and the other out of Leon Creek. The reservoir is located on Sauz Creek, tributary of Rincon Creek, tributary of Medina River, tributary of the San Antonio River, San Antonio River Basin in Bexar County, Texas. The Commission will consider the application and the hearing requests that have been filed on the application.
Approved Certificate of Adjudication, JB/BM
Item 3. Docket No. 96- 0338- AIR. Consideration of an application by Tokyo Electron Amderica, Inc. for permit 29198 to authorize construction of an Integrated Circuit Fabrication Equipment Manufacturing Facility at 2400 Grove Boulevard in Austin, Travis, Texas. The Commission will consider the application and the hearing requests that have been filed on the application. (Terri Phelps)
Permit withdrawn, No Action Required
CONTESTED (Weather Modification License)
Item 4. Docket No. 96-0454-WEA. Consideration of WEATHER MODIFICATION INCORPORATED's Application No. 9645327 for a Texas weather modification license for Fiscal Year 1996, under Texas Water Code Chapter 18, Rules of the Texas Natural Resource Conservation Commission 30 TAC Chapter 289, and the Texas Weather Modification Act of 1967. Issuance of a license merely certifies that the person(s) or organization holding the license is (are) competent to conduct weather modification activities. The applicant has not previously held a Texas weather modification license. The Commission's Weather Modification Advisory Committee, at its November 17, 1995 meeting in Dallas, examined the license application and recommended that the license not be issued. Staff recommendation: Denial.
Remand to Staff
CONTESTED (District Matter)
Item 5. Docket No. 96- 0198- DIS. CONSIDERATION OF A PROPOSED ORDER APPROVING AN APPLICATION BY ARANSAS COUNTY MUNICIPAL UTILITY DISTRICT NO. 1 FOR APPROVAL TO LEVY A STANDBY FEE. For Commission consideration. Applicant requests Commission approval of an operation & maintenance standby fee. (Robert Ferguson)
Approve Staff Recommendation, RM/BM
CONTESTED (Water Utility Matter)
Item 6. Docket No. 96- 0146- UCR. Consideration of the application of Siesta Shores Water Control and Improvement District to Transfer Water CCN No. 11684 from Siesta Shores Waterworks in Zapata County, Texas. (Application # 30554- S, Doug Holcomb)
Approve Transfer, JB/RM
CONTESTED (Water Right Matter)
Item 7. Docket No. 96-0370-WR. Consideration of Executive Director's Motion to Partially Cancel Water Right No. 04390al- 4, Permit No. 4045- A Held by the U.S. Department of Energy Strategic Petroleum Reserve Management Office in Jefferson County, Texas. (Chris Kadas)
Approve Partial Cancellation of Water Rights, RM/JB
CONTESTED (Superfund Fund Contract)
Item 8. Docket No. 96- 0433- SPF. Consideration of authorizing the Executive Director to Execute a contract amendment to International Technology Corporation's Engineering Services Contract for construction and operation oversight for the soils operable unit remediation at the North Cavalcade Street Superfund Site. (Lel Medford).
Approve Contract Amendment, JB/RM
CONTESTED (Air Quality Enforcement)
Item 9. Docket No. 96- 0157- AIR- E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Primos Motors in Dallas County; Account No. DB- 4066- M; for Air Quality violations pursuant to the Texas Clean Air Act, Texas Health and Safety Code, Chapter 382 and the rules of the Texas Natural Resource Conservation Commission. (Peter Gregg).
Issue Agreed Order, RM/BM
Item 10. Docket No. 96- 0154- AIR- E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Carport Auto Sales in Dallas County; Account No. DB- 4054- T; for Air Quality violations pursuant to the Texas Clean Air Act, Texas Health and Safety Code, Chapter 382 and the rules of the Texas Natural Resource Conservation Commission. (Peter Gregg).
Issue Agreed Order, RM/BM
Item 11. Docket No. 96- 0156- AIR- E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Crazy Eddie's Used Cars in Montgomery County; Account No. MQ- 0293- D; for air quality violations pursuant to the Texas Clean Air Act, Chapter 382 of the Texas Health and Safety Code and the rules of the Texas Natural Resource Conservation Commission. (Lisa Newcombe).
Issue Agreed Order, RM/BM
Item 12. Docket No. 96- 0158- AIR- E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of The Trane Company in Smith County; Account No. SK- 0016- S; for air quality violations pursuant to the Texas Clean Air Act, Chapter 382 of the Texas Health and Safety Code and the rules of the Texas Natural Resource Conservation Commission. (Geoff Petrov).
Issue Agreed Order, RM/BM
Item 13. Docket No. 96- 0284- AIR- E. Consideration of an Agreed Order which corrects certain language found in TNRCC Agreed Order Docket No. 95- 0393- AIR- E concerning Solvay Polymers, Incorporated; Deer Park, Harris County; Account No. HG- 0665- E; that Agreed Enforcement Order was entered April 6, 1995 for Air Quality violations pursuant to the Texas Clean Air Act (The Act), Texas Health & Safety Code, Chapter 382 and the rules of the Texas Natural Resource Conservation Commission. This corrective Order is brought before the Commission pursuant to Sections 382.023(a) and (b) of the Act. (Walter Ehresman).
Issue Agreed Order, RM/BM
Item 14. Docket No. 96- 0155- AIR- E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Central Motor Co. Used Cars in Harris County; Account No. HX- 0619- S; for Air Quality violations pursuant to the Texas Clean Air Act, Texas Health & Safety Code, Chapter 382 and the rules of the Texas Natural Resource Conservation Commission. (Peter Gregg).
Issue Agreed Order, RM/BM
CONTESTED (Petroleum Storage Tank Enforcement)
Item 15. Docket No. 96- 0322- PST- E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Merchants Fast Motor Lines in Wichita County; Enforcement ID No. E10522; for petroleum storage tank violations pursuant to Chapter 26 of the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Linda G. Sorrells).
Issue Agreed Order, RM/BM
Item 16. Docket No. 96- 0419- PST- E. Consideration of an Order requiring certain actions of Dr. Mohammad E. Chahbandar, Fort Worth, Tarrant County; Enforcement ID No. E10972; for underground storage tanks; violations pursuant to Chapter 26 of the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Raymond C. Winter).
Issue Order as Recommended by Staff, RM/BM
Item 17. Docket No. 96- 0360- PST- E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Cliff Enterprises, Incorporated in Harris County; PST Enforcement Identification No. 1200025; for petroleum storage tank violations pursuant to the Texas Water Code, Section 26.136, and the rules of the Texas Natural Resource Conservation Commission. (Craig Carson)
Issue Agreed Order, RM/BM
CONTESTED (Public Water Supply Enforcement)
Item 18. Docket No. 95- 0335- PWS- E. Consideration of an agreed order assessing administrative penalties and requiring certain actions of M.D. Williamson and Elizabeth M. Williamson dba Raintree Lakes Water Company in Upshur County; PWS NO. 2300013; for Public Water System violations pursuant to the Texas Health and Safety Code, the Texas Water Code and the Rules of the Texas Natural Resource Conservation Commission. (SHEPHERD/PUSSMAN)
Issue Agreed Order, RM/BM
CONTESTED (CAFO Permit)
Item 19. Docket No. 96- 0436- AGR. Consideration of the timely filed Requests for Commission Review concerning the Executive Director's determination that no comments submitted concerning the application by Dean Paul dba Paul Farms Site #2 for authorization No. 03878 demonstrated technical merit. The application by Dean Paul dba Paul Farms Site #2 seeks authorization, pursuant to Subchapter K of the Chapter 321 of TNRCC rules, to operate a new swine facility confining a maximum of 7,680 head and generating, collecting, and treating animal waste and wastewater on- site. The proposed facility is located on the east side of an unnamed county road approximately four (4) miles south of the intersection of State Highway 15 and the unnamed county road in Waka, Ochiltree County, Texas. The facility is in the drainage area of the Wolf Creek in Segment #0104 of the Canadian River Basin.
Continued to April 3, 1996
CONTESTED (State Implementation Plan)
Item 20. Docket No. 95- 1642- SIP. Consideration for adoption of a site specific revision to the State Implementation Plan for the Dallas/Fort Worth ozone nonattainment area. If adopted, the revision would authorize Bell Helicopter Textron, Incorporated to use an alternate reasonably available control technology as allowed in 30 TAC Chapter 115, Subchapter E, Section 115.423, concerning Alternate Control Requirements, in lieu of the control technology requirements specified in Section 115.421, concerning Surface Coating Processes. (Buddy Henderson) (Rule Log #95166- SIP- AI)
Adopt State Implementation Plan, RM/JB
CONTESTED (Rule)
Item 21. Docket No. 95- 1686- RUL. Consideration for publication of proposed amendments to Chapter 292, concerning River Authorities, and Chapter 293, concerning Water Districts. These proposed amendments incorporate new references and new requirements relating to the administration of river authorities and water districts and the Texas Natural Resource Conservation Commission's supervision over their actions in response to recent legislative changes. (Sam Jones) (Rule Log #95162- 293- WT).
Approve Publication of Proposed Amendments, JB/RM
Item 22. Docket No. 96-0463-RUL. Consideration of adoption of amendments to 30 TAC subchapter P, section 330.602 relating to Fees; and new 30 TAC subchapter P, section 330.804 relating to Special Designation Priority Enforcement List. If adopted the rule would allow the commission to reduce the solid waste fee of landfills using tire chips in their leachate collection systems, and allow the commission to contract with waste tire utilizers to ensure the collection of scrap tires accumulating at rural generator sites. These rules are proposed for adoption under the emergency rulemaking authority of the commission and are necessary to prevent an imminent peril to the public health, safety, and welfare.
Approve Adoption of Amendments, BM/RM
CONTESTED (Administrative Law Judge's Proposal For Decision)
Item 23. TNRCC Docket No. 95-1036-MWD; SOAH Docket No. 582-95-1151. Consideration of ALJ's Proposal for Decision & Order concerning the application of Quail Creek MUD for an amendments to Permit No. 12226-001 to authorize the discharge of 220,000 gpd of treated domestic wastewater effluent in Victoria County, Texas, and Segment No. 1803 of the Guadalupe River Basin. Recommendation: Issuance of Permit. (Mike Rogan)
Approve Administrative Law Judge's Proposal for Decision and Issue Order without special provisions, RM/JB
EXECUTIVE SESSION
Item 24. Docket No. 96-0449-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. No final action, decision or vote with regard to any legal or personnel matter considered in the closed meeting shall be made in the absence of further notice issued in accordance with Chapter 551 of the Government Code.
No Action Taken
Item 25. Docket No. 96-0450-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. 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 26. Docket No. 96-0451-EXE. The Commission will meet in closed session to discuss and evaluate the duties, roles, and responsibilities of the Deputy Director of the Commission's Office of Policy and Regulatory Development pursuant to the Texas Open Meeting Act, Section 551.074, Chapter 551 of the Government Code. The Commission may also meet in Open Session to take action on this matter as required by the Open Meetings Act, Chapter 551 of the Government Code.
Continued to March 27, 1996
(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
Wednesday, March 20, 1996
TEXAS NATURAL RESOURCE CONSERVATION COMMISSION
9:30 a.m.
Room 201S, Bldg E.
12118 N. Interstate 35
Item carried forward from Agenda of February 28, 1996.
Item 1. Docket No. 96-0259-MSW. APPLICATION BY WASTE TECHNOLOGIES, INC. for a municipal solid waste permit (Proposed Permit No. MSW 2248) to authorize a Type VGG (non-hazardous and non-industrial grease trap) municipal solid waste management facility. The proposed site covers approximately 0.809 acres of land and is proposed to receive approximately 100,000 gallons of non-hazardous municipal and commercial grease trap waste per day for processing. The facility will also be authorized to store up to 67,200 gallons of waste material. The facility is to be located at 10360 U.S. Highway 90 West, on the south frontage road of U.S. Highway 90 approximately 1500 feet east of State Highway Loop 1604, just outside the city limits of San Antonio, in Bexar County, Texas. The Commission will consider the application and hearing requests that have been received on the application. (Vic Ramirez/Michael Graeber)
Issue Permit, RM/JB
Item carried forward from Agenda of March 6, 1996.
Item 2. Docket No. 96-0422-RPT. Consideration of issues related to National Pollutant Discharge Elimination system (NPDES) delegation, including issues regarding public participation in the administrative process, the Texas Private Real Property Rights Preservation Act, and the Texas Environmental, Health, and Safety Audit Privilege Act.
Continued to March 27, 1996
Item carried forward from Agenda of March 6 and March 15, 1996.
Item 3. Docket No. 96-0406-EXE. The Commission will meet in closed session to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of, or hear a complaint or charge against the Commission's General Counsel 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 these matters.
Approve Resolution as presented to and discussed by the Commissioners regarding the responsibilities and duties of the General Counsel with respect to legal matters and other matters of both the Commissioners and the Agency, BM/RM
ADDENDUM TO AGENDA
Wednesday, March 20, 1996
TEXAS NATURAL RESOURCE CONSERVATION COMMISSION
9:30 a.m.
Room 201S, Bldg E.
12118 N. Interstate 35
Item 27. Docket No. 95-1237-UCR and 95-0598-UCR; SOAH Docket No. 582-95-1163. Consideration of Examiner's Proposal for Decision concerning the applications of the City of Edinburg and the severed portion of North Alamo Water Supply Corporation for a Certificate of Convenience and Necessity to provide sewer service in Hidalgo County, Texas. Recommendation: Issuance of Edinburg CCN and Denial of the severed portion of the North Alamo Water Supply Corporation CCN application request and issuance of Order in conformance with those recommendations. (Bill Zukauckas)
Adopt Administrative Law Judge's Recommendation, JB/BM
Item 28. Docket No. 95-1478-MWD; SOAH Docket No. 582-95-1637. Consideration of ALJ's Proposal for Decision and Order concerning the requests for hearing of Harold and Sharon Cook, Edward Plesnarski, Robert and Rose Mary Lane, Matt Cast, Donny Jacks, Tim Schmidt, Bobby and Cindy Rich, Robert Yowell, and Jim and Helen McIllwain regarding the application of City of Crandall for an amendment to Permit No. 10834-001 to authorize the discharge of 60,000 gpd of treated domestic wastewater effluent in Kaufman County, Texas, and Segment No. 0819 of the Trinity River Basin. Recommendation: Grant requests of Donny Jacks, Harold and Sharon Cook, Robert and Rose Mary Lane, Matt Cast, Tim Schmidt, Bobby and Cindy Rich, Robert Yowell and Jim and Helen McIllwain and deny request of Edward Plesnarski. (Carol Wood)
Adopt Proposal for Decision and General Counsel will Draft an Order, Remand to Administrative Law Judge for Hearing on Standing Issues Only, RM/BM
Item 29. Docket No. 96-0484-MIS. Consideration of the structure and organization of the agency's citizen assistance related functions, including Alternative Dispute Resolution, Border Affairs and Environmental Equity, Local Government Assistance, Ombudsman, Pollution Prevention and Recycling, Public Interest Counsel, Small Business Assistance Program, Superfund Community Relations/Public Meetings Unit.
Continued to March 27, 1996
Item 30. Docket No. 96-0481-EXE. The Commission will meet in closed session to receive legal advice on agency options relating to delegation of the National Pollutant Discharge Elimination System (NPDES) program, pursuant to Section 551.071 of the Texas Open Meetings Act, Chapter 551 of the Texas 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 Texas Government Code.
No Action Taken
Item 31. Docket No. 96-0482-EXE. The Commission will meet in closed session to receive legal advice on the definition of applicable requirements for the operating permit as it relates to Minor New Source Review provision of the Title V Operating Permits Program, pursuant to Section 551.071 of the Texas Open Meetings Act, Chapter 551 of the Texas Government Code. 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. 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 Texas Government Code.
No Action Taken
Item 32. Docket No. 96-0483-EXE. The Commission will meet in closed session to deliberate the appointment, employment, reassignment, and duties of the Director of the Alternative Dispute Resolution Office, the Director of the Border Affairs and Environmental Equity Office, the Manager for the Border Affairs, the Managers for Environmental Equity, the Director of the Local Pollution Prevention & Recycling Office, the Public Interest Counsel, the Small Business Advocate, and the Manager of the Superfund Community Relations/Public Meetings Unit. The authority for the closed session is Section 551.074 of the Texas Open Meetings Act, Chapter 551 of the Texas Government Code. The Commission may also meet in open session to take action on these matters, as required by Section 551.102 of the Texas Open Meetings Act, Chapter 551 of the Texas Government Code.
Continued to Mar 27, 1996