MCBEE
MARQUEZ
BAKER
AGENDA

Wednesday, November 6, 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. 96-1489-MWD. CITY OF GIDDINGS for an amendment to Permit No. 10456-01 to authorize an increase in the discharge of treated domestic wastewater effluent from a final volume not to exceed an average flow of 350,000 gallons per day to a final volume not to exceed an average flow of 700,000 gallons per day. Additionally, the permit amendment would also authorize a variance to the buffer zone requirements in accordance with 30 TAC Section 309.13(e)(1)(B). The North Wastewater Treatment Facilities are approximately 1.5 miles west of the intersection of U.S. Highway 77 and Farm-to-Market Road 2440, on the south side of Farm-to-Market Road 2440, in Lee County, Texas. The Commission will consider the application and the hearing requests that have been filed on the application. (Robert Martinez/ Tom Weber)
Grant Hearing to Mr. Fisher, Mr. Vahrekemp and Remand to State Office Administrative Hearing and that Judge is only to consider Mr. Fisher and Mr. Vahrekemp as parties, RM/BM, Chairman McBee proposed an amendment to send this item to Alternative Dispute Resolution initially for 4 to 6 weeks to allow mediation. Chairman McBee wants specifically to include Mrs. Fisher and Mr. Jatzlau and just have all parties that expressed concerns there at that mediation, but assuming you are unsuccessful, concurring Mr. Marquez view that right now we have two parties who demonstrated clearly that they are entitled to a hearing and the Judge can rule between that. Commissioner Marquez accepted the amendment. All Commissioners Agree.
Item 2. Docket No. 96-1488-MWD. CITY OF SHERMAN for an amendment to Permit No. 10329-01 to authorize an increase in the discharge volume. The proposed amendment would increase the discharge of treated domestic wastewater effluent from a volume not to exceed an average flow of 12,000,000 gallons per day to a volume not to exceed an average flow of 16,000,000 gallons per day. The permittee is also requesting a variance to the buffer zone requirements in accordance with 30 TAC Section 309.13(e)(1)(A). The wastewater treatment facilities are south of the Farm-to-Market Road 1417 Bridge over Post Oak Creek on the west side of Post Oak Creek southeast of the City of Sherman in Grayson County, Texas. The Commission will consider the application and the hearing requests that have been filed on the application. (Robert Martinez/Tom Weber)
Continued for six weeks. (Dec 18, 1996)
Item 3. Docket No. 96-1552-IWD. TEXAS PARKS & WILDLIFE DEPARTMENT AND ATHENS MUNICIPAL WATER AUTHORITY for a permit (Proposed Permit No. 03897) to authorize a discharge of process wastewater (pond, raceway and aquarium effluent) at a volume not to exceed an average flow of 3,200,000 gallons per day. The applicant proposes to operate the Texas Freshwater Fishery Center. The plant site is adjacent to Farm-to-Market Road 2495, approximately one mile south of the intersection of Farm-to-Market Road 2495 and Farm-to-Market Road 317, near the City of Athens in Henderson County, Texas. The Commission will consider the application and the hearing requests that have been filed on the application. (Tom Weber/Robert Martinez)
No Action Required. Permit signed by Executive Director.
Item 4. Docket No. 96-1535-UIC. STERLING CHEMICALS, INC. to renew and amend underground injection control Permit Nos. WDW-91 and WDW-196 which authorize subsurface disposal of hazardous and non-hazardous wastes generated by the permittee's facility during the manufacture o petrochemicals. The amendment will omit the EPA hazardous waste codes because the Commission is no longer incorporating EPA no-migration conditions into the permits. The authorized injection zones are within the Miocene at the approximate subsurface depths of 5,980 to 7,200 feet for WDW-91 and 6,080 to 7,100 feet for WDW-196. The authorized injection intervals are within the Lower Miocene at the approximate subsurface depths within the authorized injection zones: 6,800 to 7,186 feet for WDW-91 and 6,600 to 7,069 feet for WDW-196. The operating surface injection pressure shall not exceed 1,500 pounds per square inch gauge. The combined maximum injection rate for WDW-91, WDW-196 and WDW-314 shall not exceed 1,200 gallons per minute. The maximum cumulative volume of wastewater injected into WDW-91, WDW-196, and WDW-314 shall not exceed 43,800,000 gallons per month, nor 525,600,000 gallons per year. The facility is located at 201 Bay Street South, approximately 3.5 miles east of the intersection of IH 45 and FM 1764 in Texas City, Galveston County, Texas. The Commission will consider the application and the hearing requests that have been filed on the application. (Sharon Smith/ Alice Rogers)
Deny Hearing Request and Approve Amendment, RM/JB. All Commissioners Agree.
Item 5. Docket No. 96-1526-WR. APPLICATION NO. TA-7712 BY PAT N. THURMAN FOR A TEMPORARY WATER USE PERMIT, PURSUANT TO TWC §11.138. Applicant seeks to divert and use not to exceed 150 acre-feet of water within a one year period from the West Fork Trinity River for irrigation purposes. The diversion point is located on the applicant's property approximately 7 miles northeast of Jacksboro in Jack County, Texas. The Commission will consider the application and the hearing requests that have filed on the application. (LANN BOOKOUT)
Remand to State Office Administrative Hearing, JB/RM. All Commissioners Agree
CONTESTED (Authorization to Construct)
Item 6. Docket No. 96-1676-MWD. Consideration of a request from Mauriceville Special Utility District for an Order authorizing commencement of construction of a wastewater treatment facility located west of State Route 87 and 300 feet north of the Sabine River Authority Canal Crossing in Orange County, Texas prior to Commission consideration of its application for a wastewater discharge permit application. The proposed authorization to construct would not permit the discharge of any wastewater. (Peter Gregg)
Approve Authorization to Construct, and changes to order as recommended by the Executive Director, RM/BM. All Commissioners Agree
CONTESTED (Superfund Agreed Administrative Order)
Item 7. Docket No. 96-1646-SPF. Consideration of an agreed administrative order requiring performing respondents to conduct remedial design/remedial action and post-closure activities at the Niagara Chemical State Superfund Site in Harlingen, Cameron County, Texas.
Continued to November 20, 1996
CONTESTED (Temporary Order)
Item 8. Docket No. 96-1532-MWD. Consideration of an application by the City of Amarillo for a Temporary Order authorizing a variable discharge of treated wastewater from the Hollywood Road Wastewater Treatment Plant. The plant is located approximately 4 miles east-southeast of the intersection of State Highway Spur 335 (Hollywood Road) and Farm-to-Market Road 1541 (Washington Street) in Randall County, Texas. (Heidi Maher)
Approve Temporary Order as drafted, BM/JB. All Commissioners Agree.
CONTESTED (Municipal Waste Discharge Enforcement Agreed Order)
Item 9. Docket No. 96-1032-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of City of China in Jefferson County; Permit No. 12104-001; for violations pursuant to the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission (Zhang/Henry)
Approve Agreed Order, RM/JB. All Commissioners Agree
CONTESTED (Industrial Waste Discharge Enforcement Agreed Order)
Item 10. Docket No. 96-1597-IWD-E. Consideration of an Agreed Order assessing administrative penalties requiring certain actions of Southern Star Inc. and Hung Group, Inc. in Cameron County; Permit No. 03457; for violations of Chapter 26 of the Texas Water Code, and the rules of the Texas Natural Resource Conservation Commission. (Raymond C. Winter).
Approve Agreed Order, RM/JB. All Commissioners Agree
CONTESTED (Industrial Hazardous Waste Enforcement Default Order)
Item 11. Docket No. 95-1577-IHW-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Texas Tank Manufacturing, Inc. in Shackelford County; SWR No. 81726; for industrial and hazardous waste violations pursuant to the Texas Solid Waste Disposal Act, Chapter 361 of the Texas Health and Safety Code, Chapters 5 and 26 of the Texas Water Code, and the rules of the Texas Natural Resource Conservation Commission. (Kathy Keils/David Ruckman).
Issue Default Order, RM/BM. All Commissioners Agree
CONTESTED (Sludge Enforcement Agreed Order)
Item 12. Docket No. 96-0534-SLG-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Mr. Felix Denton Jr. in Van Zandt County; No Transporter Registration; for violations pursuant to the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Smith/Henry)
Issue Agreed Order, JB/RM. All Commissioners Agree
CONTESTED (Air Enforcement Agreed Orders)
Item 13. Docket No. 96-1136-AIR-E. Consideration of an Agreed Order requiring certain actions of Daveco Industries, Inc. in Dallas County; Account No. DB-3959-R; for air quality violations pursuant to the Texas Clean Air Act, Chapter 382 and the rules of the Texas Natural Resource Conservation Commission. (S. Walrath)
Issue Agreed Order, RM/JB. All Commissioners Agree
Item 14. Docket No. 96-1095-AIR-E. Consideration of an Agreed Order requiring certain actions of Kent Moore Cabinets, Inc. in Brazos County; Account No. BM-0211-T; for air quality violations pursuant to the Texas Clean Air Act, Chapter 382 and the rules of the Texas Natural Resource Conservation Commission. (Lance Owens)
Issue Agreed Order, RM/JB. All Commissioners Agree
Item 15. Docket No. 96-0981-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Hills Auto Sales in El Paso County; Account Number EE-0209-P; 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. (S. Smith)
Issue Agreed Order, RM/JB. All Commissioners Agree
Item 16. Docket No. 96-1234-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Kopecki Motor Center, Incorporated in Bexar County; Account No. BG-0856-F 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. (Sheila Smith)
Issue Agreed Order, RM/JB. All Commissioners Agree
Item 17. Docket No. 96-1233-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Smith Chevrolet GEO in Bexar County; Account Number BG-0897-O 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. (S. Smith)
Issue Agreed Order, RM/JB. All Commissioners Agree
Item 18. Docket No. 96-0736-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Vic Hopkins Body Shop in Dallas County; Account No. DB-4047-Q; for air quality violations pursuant to the Texas Clean Air Act, Chapter 382 and the rules of the Texas Natural Resource Conservation Commission. (Dona Lambacher)
Issue Agreed Order, RM/JB. All Commissioners Agree
Item 19. Docket No. 96-0724-AIR-E. Consideration of an Agreed Order requiring certain actions of Vernor Material and Equipment in Brazoria County; Account No. BL-0575-M; for air quality violations pursuant to the Texas Clean Air Act, Chapter 382 and the rules of the Texas Natural Resource Conservation Commission. (Miriam Hall)
Issue Agreed Order, RM/JB. All Commissioners Agree
Item 20. Docket No. 96-0694-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of VTI of Texas, Incorporated in Brazos County; Account No. BM- 0209-G; for air quality violations pursuant to the Texas Clean Air Act, Chapter 382 and the rules of the Texas Natural Resource Conservation Commission. (Tel Croston)
Issue Agreed Order, RM/JB. All Commissioners Agree
Item 21. Docket No. 96-1370-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Trinity Industries, Inc. in Tarrant County; Account No. TA-0285-V; for air quality violations pursuant to the Texas Clean Air Act, Chapter 382 of the Texas Health & Safety Code and the rules of the Texas Natural Resource Conservation Commission. (Walter Ehresman).
Issue Agreed Order, RM/JB. All Commissioners Agree
Item 22. Docket No. 96-1398-AIR-E. Consideration of an Agreed Order requiring certain actions of Gulf Copper Manufacturing Corporation in Jefferson County; Account Nos. JE-0443-C and JE-0444-A; 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. (Patricia Capps).
Issue Agreed Order, RM/JB. All Commissioners Agree
Item 23. Docket No. 96-1411-AIR-E. Consideration of an Agreed Order requiring certain actions of Power Cleaning Systems of Houston in Harris County; Account No. HG-3312-T; 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. (Nolan F. Ward).
Issue Agreed Order, RM/JB. All Commissioners Agree
Item 24. Docket No. 96-1405-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Thomas Steel Drums, Inc. in Tarrant County; Account No. TA-0375-T; 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/JB. All Commissioners Agree
Item 25. Docket No. 96-0689-AIR-E. Consideration of an Agreed Order requiring certain actions of AnR Auto Service in Harris County; Account No. HX-0450-L; 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. (Sheila Smith)
Issue Agreed Order, RM/JB. All Commissioners Agree
Item 26. Docket No. 96-1053-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Coastal Transport Company, Inc. in Galveston County; Account No. GB-0254-J; for air quality violations pursuant to the Texas Clean Air Act, Chapter 382 and the rules of the Texas Natural Resource Conservation Commission. (M. Hall)
Issue Agreed Order, RM/JB. All Commissioners Agree
Item 27. Docket No. 96-1077-AIR-E. Consideration of an Agreed Order requiring certain actions of C & R Gin, Inc. in Crosby County; Account No. C1-0007-P; for air quality violations pursuant to the Texas Clean Air Act, Chapter 382 and the rules of the Texas Natural Resource Conservation Commission. (L. Owens)
Issue Agreed Order, RM/JB. All Commissioners Agree
Item 28. Docket No. 96-1175-AIR-E. Consideration of an Agreed Order requiring certain actions of Concrete "TO GO" in Johnson County; Account No. JH-0255-S; for air quality violations pursuant to the Texas Clean Air Act, Chapter 382 and the rules of the Texas Natural Resource Conservation Commission. (S. Young)
Issue Agreed Order, RM/JB. All Commissioners Agree
Item 29. Docket No. 96-0618-AIR-E. Consideration of an Agreed Order requiring certain actions of Fort Bend Auto Consignment in Fort Bend County; Account No. FG-0463-G; 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. (S. Smith)
Issue Agreed Order, RM/JB. All Commissioners Agree
CONTESTED (Petroleum Storage Tank Enforcement Agreed Order)
Item 30. Docket No. 96-1264-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Mr. Billy Magness in Bell County; PST Enforcement Identification No. E11619; 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. All Commissioners Agree
CONTESTED (Rules)
Item 31. Docket No. 96-1230-RUL. Consideration for adoption of new 30 TAC Chapter 330, Subchapter N, Sections 330.401-330.419, concerning Landfill Mining. If approved these rules would set the design and operational standards for management of the extraction of usable materials from municipal solid waste landfills and will conform to recent statutory requirements. The proposal was published in the September 3, 1996, issue of the Texas Register (21 TexReg 8386). (Wayne Lee)(Rule Log No. 95139-330-WS).
Adopt Chapter 330, Subchapter N. Section 330.401 - 330.419, RM/JB. All Commissioners Agree
Item 32. Docket No. 96-1293-RUL. Consideration for publication of proposed amendments to 30 TAC Chapter 330, Subchapter A, Section 330.4, concerning General Information; and for publication of a proposed new Subchapter E, Section 330.73, concerning Permit Procedures and Design Criteria. The proposed rules would allow authorization by registration for demonstration projects that demonstrate new or unproven management techniques for liquid waste processing. The authorization procedure, design, and operational standards for the management of demonstration projects for liquid waste processing are established. The wastes concerned are designated as municipal solid waste and include grease trap waste, grit trap waste, and septage. This rule addresses a petition for rulemaking. (Wayne Lee)(Rule Log No. 95114-330-WS).
Approve Publication and hearing, RM/JB. All Commissioners Agree
Item 33. Docket No. 96-1278-RUL. Consideration for publication of proposed amendments to 30 TAC Chapter 330, Subchapter A, Section 330.4, concerning General Information; 30 TAC Chapter 312, Subchapter G, Section 312.143, concerning Transporters Delivery Requirements; and for publication of a proposed new Subchapter E, Sections 330.71 and 330.72 concerning Permit Procedures and Design Criteria. The proposed rule will set the authorization, design, and operational standards for the management of certain liquid waste processing facilities. Additionally the proposed rules will establish full pump requirements. The wastes concerned are designated as municipal solid waste and include grease trap waste, grit trap waste, and septage. (Wayne Lee) (Rule Log No. 95112-330-WS).
Approve Publication and hearing, RMJB. All Commissioners Agree
Item 34. Docket No. 96-1658-RUL. Consideration for publication and hearing of proposed amendments to 30 TAC Chapter 101, Section 101.1 concerning Definitions; proposed amendments to 44 sections in 30 TAC Chapter 115, concerning control of air pollution from volatile organic compounds; and revisions to the State Implementation Plan regarding these proposed amendments. The proposed rule changes correct and update rule references, correct references to federal test methods, clarify control requirements, update terminology for consistency throughout Chapter 115, delete definitions that are no longer needed, delete language made obsolete by the passing of compliance dates and revise references to TNRCC and executive director for consistency with the agency's style guidelines. (Eddie Mack) (Rule Log No. 96164-115-AI).
Approve Publication and hearing, RM/BM. All Commissioners Agree
Item 35. Docket No. 96-1657-RUL. Consideration for publication and hearing of proposed amendments to 30 TAC Sections 115.121-115.123, 115.126, 115.127, and 115.129 (concerning Vent Gas Control), Sections 115.311-115.313, and 115.319 (concerning Process Unit Turnaround and Vacuum-Producing Systems in Petroleum Refineries), and revisions to the State Implementation Plan regarding these proposed amendments. The proposed changes simplify emission control and recordkeeping requirements, extend a compliance date for pulp and paper industry sources, and make revisions consistent with agency rule drafting and style guidelines. (Randy Hamilton) (Rule Log No. 96162-115-AI).
Approve Publication and hearing, RM/BM. All Commissioners Agree
Item 36. Docket No. 96-1639-RUL. Consideration for publication and hearing of proposed amendments to 30 TAC Sections 115.322-115.327 and 115.329 (concerning Fugitive Emission Control in Petroleum Refineries), and Sections 115.352-115.354, 115.356, and 115.357 (concerning Fugitive Emission Control in Petroleum Refining and Petrochemical Processes); the proposed repeal of 30 TAC Sections 115.332-115.337 and 115.339 (concerning Fugitive Emission Control in Synthetic Organic Chemical, Polymer, Resin, and Methyl Tert-Butyl Ether Manufacturing Processes), and Sections 115.342-115.347 and 115.349 (concerning Fugitive Emission Control in Natural Gas/Gasoline Processing Operations); and revisions to the State Implementation Plan regarding these proposed amendments and repeals. The proposed rule changes delete superseded rules, eliminate the work practice of directed maintenance, and make a variety of needed minor revisions. (Eddie Mack) (Rule Log No. 96165-115-AI).
Approve Publication and Hearing with instructions to staff. Commissioner Marquez wants to emphasize that we will have to exercise enforcement discretion during the period of time till these rules become final and I want to express and instruct our staff to work on it, RM/BM. All Commissioners Agree
Item 37. Docket No. 96-1574-RUL. Consideration of petition for rulemaking and publication and hearing for the proposed repeal of 30 TAC Sections 351.111-351.113, concerning the Regionalization of the Upper Brushy Creek Watershed. The proposed repeal will remove the Upper Brushy Creek Watershed as a regional area for regionalizing wastewater treatment. The proposed repeal will also remove the Brushy Creek Water Control and Improvement District No. 1 of Williamson and Milam Counties from the role as designated managing entity. These changes would allow for the implementation of a recent agreement among the City of Austin, the City of Round Rock, the Lower Colorado River Authority (LCRA), and the Brazos River Authority (BRA) providing for one regional wastewater treatment facility to be built by LCRA and operated by BRA. (Santos Olivarez)(Rule Log No. 96169-351-WT).
Approve Staff Recommendation, JB/RM. All Commissioners Agree
Item 38. Docket No. 96-1636-RUL. Consideration for publication of and hearing on proposed amendments to 30 TAC Section 116.610, concerning Applicability; Section 116.611, concerning Registration Requirements; Section 116.615, concerning General Conditions; the repeal of existing Section 116.617, concerning Standard Permits List; proposed new Section 116.617, concerning Standard Permits for Pollution Control Projects; the repeal of 30 TAC Section 115.950, concerning Standard Construction Permit for Volatile Organic Compound Control Projects; and the repeal of 30 TAC Section 117.550, concerning Standard Construction Permits for Nitrogen Oxides Reasonably Available Control Technology Projects. The proposed rule changes would streamline requirements for standard air permits for pollution control projects and eliminate largely duplicative rules in multiple chapters. (Randy Hamilton)(Rule Log No. 96105-115-AI).
Continued to November 20, 1996
EXECUTIVE SESSION
Item 39. Docket No. 96-1694-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.
Continued Until November 7, 1996
Item 40. Docket No. 96-1695-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.
Continued Until November 7, 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.)(PERSONS WHO DESIRE THE ASSISTANCE OF AN INTERPRETER IN CONJUNCTION WITH THEIR ORAL PRESENTATION AT THIS TNRCC AGENDA ARE REQUESTED TO CONTACT DOUG KITTS IN THE OFFICE OF CHIEF CLERK AT (512) 239-3317 AT LEAST FIVE (5) WORK DAYS PRIOR TO THE AGENDA SO THAT APPROPRIATE ARRANGEMENTS CAN BE MAKE.)
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, November 6, 1996

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.

Room 201S, Bldg E.

12118 N. Interstate 35

Item 41. Docket No. 96-1718-EXE. The Texas Natural Resource Conservation Commission will meet in closed session to discuss the following pending litigation and the possible settlement thereof: Asarco, Inc. v. Texas Water Commission, Cause No. 93-07736, in the District Court of Travis County, Texas, 126th Judicial District. The authority for the closed session is Section 551.071 of the Open Meetings Act, Chapter 551 of the Government Code. The Commission may also meet in open session to take action on this matter under Section 551.102 of the Open Meetings Act, Chapter 551 of the Government Code.
No Action Taken


SECOND ADDENDUM TO AGENDA

Wednesday, November 6, 1996

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.

Room 201S, Bldg E.

12118 N. Interstate 35

Item 42. Docket No. 96-1727-PC. Consideration of an Order approving a "Forbearance Agreement" between the Executive Director of the Commission and Baby Superstores, Inc. under which the Commission agrees to forbear from taking enforcement action against Baby Superstores from liability that might arise due to contamination at a site owned by the City of Gainesville at 2300 Bonnavilla Dr., Gainesville, Cooke County, Texas, known as the Gainesville Airport. (Bob Sweeney)
Continued to November 20, 1996


OLD BUSINESS AGENDA

Wednesday, November 6, 1996

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.

Room 201S, Bldg E.

12118 N. Interstate 35

Item carried forward from Agenda of September 11, 1996.

Item 1. Docket No. 96-1215-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of West Texas Gas, Inc. in Tom Green County; PST Enforcement I.D. No. E11347; for petroleum storage tank violations pursuant to the Texas Water Code, Chapter 26, and the rules of the Texas Natural Resource Conservation Commission. (Glenn Hall).
Continued to December 4, 1996
Item carried forward from Agenda of September 11 and September 25, 1996.
Item 2. Docket No. 96-1315-IHW. TEXAS ECOLOGISTS, INC. for Class 3 Permit Modification of Hazardous Waste Permit No. HW-50052-01. The modification requests authorization to construct and operate Cell 26, a land disposal unit for nonhazardous industrial waste. The facility is located on Petronila Road 3.5 miles south of Robstown, Nueces County, Texas. The Commission will consider the application and the hearing requests that have been filed on the application. (Sharon Smith/John Clegg)
Deny Request and Issue Permit, RM/JB. McBee voted to Grant Hearing Request
Item carried forward from Agenda of October 23, 1996.
Item 3. Docket No. 96-1310-DIS. CONSIDERATION OF A PROPOSED ORDER APPROVING THE APPLICATION BY RIVER PLACE MUNICIPAL UTILITY DISTRICT OF TRAVIS COUNTY FOR APPROVAL OF AN IMPACT FEE. For Commission consideration. Applicant requests approval to levy an impact fee of $2,000 per equivalent single family connection for water, wastewater and drainage service within River Place Sections 2B, 2C, 3A, 3B, and 4A. (TNRCC Internal Control No. 092995-D03, Robert Cummins)
Recommend Approval, RM/JB. All Commissioners Agree
Item carried forward from Agenda of October 23, 1996.
Item 4. Docket No. 96-1574-RUL. Consideration of petition for rulemaking and publication and hearing for the proposed repeal of 30 TAC Sections 351.111-351.113, concerning the Regionalization of the Upper Brushy Creek Watershed. The proposed repeal will remove the Upper Brushy Creek Watershed as a regional area for regionalizing water treatment. The proposed repeal will also remove the Brushy Creek Water Control and Improvement District No. 1 of Williamson and Milam Counties from the role as designated managing entity. These changes would allow for the implementation of a recent agreement among the City of Austin, the City of Round Rock, the Lower Colorado River Authority (LCRA), and the Brazos River Authority (BRA) providing for one regional water treatment facility to be built by LCRA and operated by BRA. (Santos Olivarez) (Rule Log No. 96169-351-WT).
No Action Taken
Item carried forward from Agenda of October 23, 1996.
Item 5. Docket No. 96-1501-MWD. Consideration of the Motion for Reconsideration filed by North Alamo Water Supply Corporation requesting reconsideration of the Executive Director's issuance of wastewater discharge Permit No. 10503-02 to the City of Edinburg on August 30, 1996. Permit No. 10503-02 authorizes the treatment and disposal of wastes from the Edinburg Wastewater Treatment facilities located northeast of the City of Edinburg in Hidalgo County, Texas. The Motion for Reconsideration explains that North Alamo Water Supply Corporation timely filed a request for hearing.
Grant Motion for Rehearing, Remand to State Office Administrative Hearing, but allow Alternative Dispute Resolution 4 to 6 weeks to try mediation, if mediation can not be reached, forward onto SOAH, BM/RM. All Commissioners Agree


AGENDA

Wednesday, November 6, 1996

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

1:00 p.m.

Room 201S, Bldg E.

12118 N. Interstate 35

Item 1. TNRCC Docket No. 96-1162-UCR; SOAH Docket No. 582-96-1110. Consideration of Administrative Law Judge's Proposal for Decision & Order concerning the petition of ratepayers of Parkway Municipal Utility District for review and appeal of a sewer rate increase in Harris County, Texas. Parkway Municipal Utility District provides water and sewer service to more than 300 customers. Recommendation: Dismissal of petition. (ALJ) Cynthia Hayes.
Adopt Proposal for Decision and Issue Order, BM/RM. All Commissioners Agree.
Item 2. TNRCC Docket No. 95-1699-MSW; SOAH Docket No. 582-96-0001. Consideration of Administrative Law Judge's Proposal for Decision, and Permit concerning the application of Browning-Ferris, Inc. for Permit No. 1410-B to authorize the operation of Municipal Solid Waste Type I Site in Bexar County, Texas. Recommendation: Issuance of permit. (ALJ): Kerry Sullivan.
Move that we do not accept the Administrative Law Judge's Proposal for Decision, and that we will in fact will not approve this permit amendment, and that I very much want to stress so that there is not confusion here that it is clear as a matter of Law that we will not approve the amendment certainly it will have no impact on the continued operation of this facility in accordance with the existing permit terms, for ever how long that may go, but that we will not approve this permit amendment, BM/JB. Marquez voted no.
Cont. to November 20, 1996
Item 3. Docket No. 95-1477-MWD. The Texas Natural Resource Conservation Commission (Commission) will consider the Second Motion for Rehearing requesting reconsideration of the Commission's order authorizing issuance of Permit No. 13772-001 to Cameron County Fresh Water Supply District No. 1. The permit authorizes the treatment and disposal of wastes from the Andie Bowie Park wastewater treatment facilities in Cameron County, Texas. The Commission's order was issued September 25, 1996 and mailed September 27, 1996. After issuance of the order, the agency approved the change of name of the permit holder to the Laguna Madre Water District.
Deny Motion for Rehearing, RM/BM. All Commissioners Agree.


ADDENDUM TO AGENDA

Wednesday, November 6, 1996

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

1:00 p.m.

Room 201S, Bldg E.

12118 N. Interstate 35

Item 4. TNRCC Docket No. 94-0786-UCR. The Commission will consider a second motion for rehearing filed by Dessau Utility Company, Inc. Dessau's second motion for rehearing relates to the Commission's order mailed on September 23, 1996, and the order nunc pro tunc mailed on October 3, 1996. The Commission issued its orders in response to the remand of Cause No. 95-02063 from the 53rd Judicial District Court of Travis County concerning Dessau Utility Company, Inc. v. TNRCC. The case concerns the petition of Ridge Investors, Ltd. complaining of the extension fees charged by Dessau Utility Company, Inc. The utility is located in Travis County.
Deny Motion for Rehearing, RM/JB. McBee voted No.
Item 5. Docket No. 96-1509-AIR. Consideration of a Motion for Rehearing filed by Mrs. Gardner Hill, S.J. Hampton, Jane Ginoney, Totsy Hampton and others. This motion for rehearing relates to the Commission's order issued and mailed on September 26, 1996. Air Quality Permit No. 32801 authorizes the construction and operation of bleach production and chlorine repackaging facilities at the company's existing aluminum sulfate plant located at 1632 Haden Road, within an unincorporated area just southeast of the City of Houston, Harris County, Texas.
Deny Motion for Rehearing, JB/RM. All Commissioners Agree