MCBEE
MARQUEZ
BAKER
AGENDA

Wednesday, February 5, 1997

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.

Room 201S, Bldg E.

12118 N. Interstate 35

CONTESTED (Hearing Request)
Item 1. Docket No. 96-1979-IHW. TEXAS ECOLOGISTS, INC. to renew and amend Permit No. HW-50052-001 and Compliance Plan No. CP-50052-001. The permit renewal will authorize the continued operation of an industrial solid waste storage, processing, and disposal facility for the management of hazardous and Class 1, Class 2, and Class 3 non-hazardous wastes. The authorized waste management units consist of six existing landfill cells, thirteen existing tanks, and two existing container storage areas. The major amendment to the permit will authorize the addition of one proposed landfill with seventeen subcells (maximum capacity of 3,100,000 cubic yards) and one proposed container storage area (maximum capacity of 80,780 gallons) and will authorize the Waste Stabilization Building as a containment building. The compliance plan renewal will authorize continued remediation of contaminated ground water, including ground-water monitoring to measure the effectiveness of the Corrective Action Program. The major amendment to the compliance plan will authorize a more specific ground-water sampling program for the purpose of better characterizing the nature of the contaminant plume. Texas Ecologists, Inc. is a commercial industrial and hazardous waste facility. Wastes are generated on-site and received from off-site sources. The facility is located on a 240-acre tract of land on Petronila Road, approximately 0.5 mile southeast of the intersection of Farm Road 2826 and Petronila Road and approximately 3.5 miles south of Robstown, Nueces County, Texas. The Commission will consider the application and hearing requests that have been filed on the application. (Sharon Smith/John Clegg)
Remand to State Office Administrative Hearing and that Mr. and Mrs. Aldrich, Collis Mayo, J.T. and Barbara K. Kircher, be given party status and as the hearing is being conducted that the Administrative Law Judge determine the status of the other protestants, RM/JB. All Commissioners Agree
CONTESTED (Industrial Hazardous Waste Enforcement)
Item 2. Docket No. 95-1088-IHW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Holcomb Waste Oil in Harris County; SWR No. 66471; for hazardous waste violations pursuant to the Texas Solid Waste Disposal Act, Chapter 361 of the Texas Health and Safety Code, and the rules of the Texas Natural Resource Conservation Commission. (Barbara M. Lazard).
Issue Agreed Order, RM/BM. All Commissioners Agree
CONTESTED (Municipal Waste Discharge Enforcement)
Item 3. Docket No. 96-0533-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Texas A&M University at Galveston in the City of Galveston, Galveston County; Permit No. 11085-001; for violations pursuant to the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Brian Lehmkuhle/Henry)
Issue Agreed Order, JB/RM. All Commissioners Agree
Item 4. Docket No. 96-1409-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the Ascension Resorts, Ltd. in Wood County, Permit No. 12482-001; for violations pursuant to the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Mears/Henry).
Issue Agreed Order, RM/BM. All Commissioners Agree
CONTESTED (Contract)
Item 5. Docket No. 97-0052-CON. Consideration of authorizing the Executive Director to amend Contract No. 5501200000 with Fluor Daniel GTI, Inc. for site activities services at leaking petroleum storage tank (LPST) sites. (Katharine Marvin/ Grace W. Windbigler)
Approve Contract, RM/JB. All Commissioners Agree
Item 6. Docket No. 97-0051-CON. Consideration of authorizing the Executive Director to amend Contract No. 551300000 with Intera, Inc. for site activities services at leaking petroleum storage tank (LPST) sites. (Katharine Marvin/ Grace W. Windbigler)
Approve Contract, RM/JB. All Commissioners Agree
CONTESTED (Air Quality Enforcements)
Item 7. Docket No. 96-1553-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Atkins Auto Sales in Johnson County; Account No. JH-0279-E; 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. (Mary Jennings)
Issue Agreed Order, RM/JB. All Commissioners Agree
Item 8. Docket No. 96-1079-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of HEPCO Drywall and Painting in Harris County; Account No. HX- 0600-Q; 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. (Gloria Stanford)
Issue Agreed Order, RM/JB. All Commissioners Agree
Item 9. Docket No. 96-1858-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of South Hampton Refining Company in Hardin County; Account No. HF-0017-K; 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 10. Docket No. 96-0875-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Roman's Paint & Body Shop in Harris County; Account No. HX-0666-J; 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. (Sheila Smith)
Issue Agreed Order, RM/JB. All Commissioners Agree
Item 11. Docket No. 96-1912-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Jobe Concrete Products, Incorporated in El Paso County; Account Nos. EE-0465-S; EE-0034-D; 91-7662-K; 91-7073-M; 92-2371-C; 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 Welton).
Issue Agreed Order, RM/JB. All Commissioners Agree
Item 12. Docket No. 96-1262-AIR-E. Consideration of an Agreed Order requiring certain actions of Baker Ready Mix Concrete, a Division of Wise Ready Mix Concrete Company, Incorporated in Denton County; Account No. 91-2289-W; 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. (Carl Schnitz)
Issue Agreed Order, RM/JB. All Commissioners Agree
Item 13. Docket No. 96-1340-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Carroll Welding Supply, Incorporated in Taylor County; Account No. TB-0252-C; 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. (Sheila Smith)
Issue Agreed Order, RM/JB. All Commissioners Agree
Item 14. Docket No. 96-1311-AIR-E. Consideration of an Agreed Order requiring certain actions of Contractor's Custom Marble in Harris County; Account No. HX-0874-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. (Miriam Hall)
Issue Agreed Order, RM/JB. All Commissioners Agree
Item 15. Docket No. 96-1276-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Cervantes Paint and Body Shop in Dallas County; Account No. DB -3737-O; 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. (Tel Croston)
Issue Agreed Order, RM/JB. All Commissioners Agree
Item 16. Docket No. 96-0773-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Oiltanking Houston, Inc. in Harris County; Account No. HG-0531-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. (Lance Owens)
Issue Agreed Order, RM/JB. All Commissioners Agree
Item 17. Docket No. 96-1238-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Fast Lube-Tigua in El Paso County; Account No. EE-0880-C; 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. (Lance Owens)
Issue Agreed Order, RM/JB. All Commissioners Agree
CONTESTED (Public Water Supply Enforcement)
Item 18. Docket No. 96-1514-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Creative Kids Express Child Care in Alvin, Galveston County; PWS No. 0840222; for violations of Chapter 341 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 19. Docket No. 95-1014-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of City of Tom Bean in Grayson County; PWS No. 0910008; for public water system violations pursuant to Chapter 341 of the Texas Health & Safety Code, and the rules of the Texas Natural Resource Conservation Commission. (Patricia Capps Welton).
Issue Agreed Order, RM/JB. All Commissioners Agree
Item 20. Docket No. 95-1005-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Alvord in Wise County; PWS No. 2490001, CCN No. P0535; for public water system violations pursuant to Chapter 341 of the Texas Health and Safety Code, and the rules of the Texas Natural Resource Conservation Commission. (Patti Hershey).
Remand to Staff. All Commissioners Agree
Item 21. Docket No. 95-1741-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Trail Dust City (Lincoln Park) in Denton County; PWS No. 0610055; for public water system violations pursuant to Chapter 341 of the Texas Health and Safety Code, and the rules of the Texas Natural Resource Conservation Commission. (Patti Hershey).
Issue Agreed Order, RM/JB. All Commissioners Agree
Item 22. Docket No. 95-1744-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Sivells Bend Independent School District in Cooke County; PWS No. 0490039; for public water system violations pursuant to Chapter 341 of the Texas Health & Safety Code, and the rules of the Texas Natural Resource Conservation Commission. (Patti Hershey).
Issue Agreed Order, RM/JB. All Commissioners Agree
Item 23. Docket No. 95-1016-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of B & B Water Supply Corporation in Navarro County; PWS No. 1750028; CCN No. 11317; for public water system violations pursuant to Chapter 341 of the Texas Health & Safety Code, and the rules of the Texas Natural Resource Conservation Commission. (Patti Hershey).
Issue Agreed Order, RM/JB. All Commissioners Agree
CONTESTED (Water Well Drillers Enforcement)
Item 24. Docket No. 96-0346-WWD-E. Consideration of an Amended Order approving the fulfillment of a Consent and Waiver agreement of Mark Lewis in Uvalde County; Texas Drillers License No. 4586M; for water well driller violations pursuant to Chapter 32 of the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Kathy Keils).
Issue Amended Order, BM/JB. All Commissioners Agree
CONTESTED (Multi Media Enforcement Agreed Order)
Item 25. Docket No. 96-1973-MLM-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of San Antonio and VIA Metropolitan Transit Authority in Bexar County; SWR No. 30549; for industrial hazardous waste, petroleum storage tank, occupational certification, and water quality violations pursuant to Chapter 361 of the Texas Health and Safety Code, Chapters 5, 26, and 32 of the Texas Water Code, and the rules of the Texas Natural Resource Conservation Commission. (Paul Sarahan/John Sadlier).
Issue Agreed Order, RM/JB. All Commissioners Agree
CONTESTED (Rules)
Item 26. Docket No. 96-1278-RUL. Consideration for adoption of amendments to 30 TAC Chapter 330, Subchapter A, Section 330.4, concerning General Information; and 30 TAC Chapter 312, Subchapter G, Section 312.143, concerning Transporters Delivery Requirements; and for adoption of new 30 TAC Chapter 330, Subchapter E, Sections 330.71, 330.72, and 330.73, concerning Permit Procedures and Design Criteria. If approved, the rules would set the authorization, design, and operational standards for the management of certain liquid waste processing facilities. Additionally the proposed rules would establish full pump requirements. The wastes concerned are designed as municipal solid waste and include grease trap waste, grit trap waste, and septage. The proposed rules were published in the November 19, 1996 issue of the Texas Register (21 TexReg 11267). (Wayne Lee) (Rule Log No. 95112-330-WS).
Approve Adoption as Recommended, RM/JB. All Commissioners Agree
Item 27. Docket No. 96-1987-RUL. Consideration for publication of proposed amendments to 30 TAC Chapter 335, Subchapter A, Section 335.13, concerning Recordkeeping and Reporting Procedures Applicable to Generators Shipping Hazardous Waste or Class 1 Waste and Primary Exporters of Hazardous Waste. The proposed rules would streamline the reporting process for registered hazardous waste generators by deleting duplicative reporting requirements. The amendments would delete the requirement for registered generators shipping waste out-of-state to report that information via the Waste Shipment Summary, but the data would continue to be captured on the Annual Waste Summary. (Carol Gensweider) (96160-335-WS)
Approve Publication of Proposed Amendments, RM/BM. All Commissioners Agree
Item 28. Docket No. 96-1574-RUL. Consideration for the repeal of 30 TAC Chapter 351, Sections 351.111 - 351.113, concerning the Regionalization of the Upper Brushy Creek Watershed. If approved, the repeal would remove the Upper Brushy Creek Watershed as a regional area for regionalizing wastewater treatment. The repeal would 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. The proposal was published in the November 26, 1996, issue of the Texas Register (21 TexReg 11438). (Santos Olivarez) (Rule Log Number 96169-351-WT)
Approve Repeal, RM/JB. All Commissioners Agree
Item 29. Docket No. 96-1309-RUL. Consideration for adoption of amendments to 30 TAC Chapter 290, Subchapter D, Sections 290.42, 290.44, 290.46, and 290.47, concerning Rules and Regulations for Public Water Systems. If approved, these amendments would clarify what a public water supplier must do when loss of water pressure occurs in the distribution system; and correct typographical errors. The proposal was published in September 13, 1996 issue of the Texas Register. (Rule Log No. 96132-290-WT) (James Pope)
Approve Adoption of Amendments, JB/RM. All Commissioners Agree
Item 30. Docket No. 96-1575-RUL. Consideration for adoption of amendments to 30 TAC Chapter 317, Section 317.1, concerning General Provisions of the Design Criteria for Sewerage Systems. If approved, the amendments would authorize qualified participating municipalities to review and approve wastewater collection and treatment system plans and specifications. The proposal was published in the November 8, 1996, issue of the Texas Register (21 TexReg 10961). (Rule Log Number 96148-317-WT) (Tom Weber).
Approve Adoption of Amendments, BM/JB. Commissioners Marquez absent for vote.
Item 31. Docket No. 96-1304-RUL. Consideration for withdrawal of proposed 30 TAC Chapter 352, concerning Commercial Nonhazardous Industrial Solid Waste Landfills. If approved, this action would formally withdraw the proposed rule from further consideration. The proposed rule would have established design and operational standards for management of nonhazardous industrial waste at off-site commercial landfill units. (Bryan Dixon) (Rule Log No. 96128-352-WS).
Approve Staff Recommendation, JB/RM. All Commissioners Agree
EXECUTIVE SESSION
Item 32. Docket No. 97-0059-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 33. Docket No. 97-0060-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 34. Docket No. 97-0061-EXE. The Commission will consider in open meeting legislative matters related to its jurisdiction, including proposed legislation and related position papers, briefing materials, and status reports. The Commission may also meet in closed meeting to receive legal advice regarding these matters as authorized by Section 551.071 of the Open Meetings Act, Chapter 551 of the Government Code. Any Commission action, decision or vote on these matters will be made in open meeting in accordance with Section 551.102 of the Open Meetings Act, Chapter 551 of the Government Code.
No Action Taken
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ADDENDUM TO AGENDA

Wednesday, February 5, 1997

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.

Room 201S, Bldg E.

12118 N. Interstate 35

Item 35. Docket No. 97-0083-AIR. Consideration of a Petition and Proposed Order regarding Designation of Single Property, pursuant to 30 TAC §101.2(b), concerning Multiple Air Contaminant Sources or Properties, submitted by Bayer Corporation, El Dorado Nitrogen Company, First Chemical, Texas L.P., Borden Chemical, Inc. and Air Products, Incorporated. If granted, the petitioners will have their properties designated as a single property for the purpose of demonstrating compliance with TNRCC regulations and the control of air emissions. (Janis Hudson, Victoria Hsu)
Approve Petition and Issue Corrected Order, RM/BM. All Commissioners Agree


SECOND ADDENDUM TO AGENDA

Wednesday, February 5, 1997

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.

Room 201S, Bldg E.

12118 N. Interstate 35

Item 36. Docket No. 97-0055-IHW. Consideration of a Class 2 modification for Waste Control Specialists, LLC., to Permit No. HW-50358 in accordance with 30 TAC Section 305.69. The existing permit authorizes operation of a commercial industrial solid waste storage, processing and disposal facility for the management of hazardous and Class 1, Class 2 and Class 3 wastes. The proposed Class 2 modification would: 1) Relocate the main landfill upgradient ground-water monitoring wells, 2) Remove the existing permit requirements that the health and safety officer be licensed as an Emergency Medial Technician-Paramedic and that Operational Supervisors be trained as Emergency Medical Technician-Intermediate, 3) Replace the requirement that EMTs hired or contracted for by Waste Control Specialists for the facility be trained in proper decontamination techniques by Permian General Hospital staff, with new language which allows either Permian Hospital staff, the Waste Control Specialists health and safety officer or other qualified instructors to provide the necessary training, 4) Increase the size of the landfill working face, without increasing capacity, and allow Landfill Unit Nos. II.B.2 and II.B.3 to operate with four disposal cells open rather than only two open cells, and 5) Add newly listed waste codes to the permit. The facility is located on a 1338-acre tract of land one mile north of Texas Highway 176 and 400 feet east of the New Mexico state line, approximately 30 miles west of Andrews in Andrews County, Texas. The Commission will consider the Class 2 modification and written comments which has been filed on the application. (Susan White/John Clegg)
Issue Class 2 Modification, RM/BM. All Commissioners Agree


OLD BUSINESS AGENDA

Wednesday, February 5, 1997

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.

Room 201S, Bldg E.

12118 N. Interstate 35

Item carried forward from Agenda of January 8, 1997.

Item 1. Docket No. 96-1565-DIS. Petition of First River Place Reserve, Ltd., Requesting Investigation Under Sections 12.081 and 54.239 of the Texas Water Code of Certain Actions of River Place Municipal Utility District. (TNRCC Internal Control No. 012696-D05; Diego Abrego)
Dismiss Petition, JB/RM. All Commissioners Agree
Item carried forward from Agenda of January 8, 1997.
Item 2. Docket No. 96-1892-RUL. Consideration for publication of, and hearing upon, a proposed new 30 TAC Chapter 52, concerning Compliance History; and for publication of, and hearing upon, the proposed repeal of 30 TAC Chapter 116, Subchapter A, Section 116.11, concerning Compliance History Definitions, and Subchapter B, Sections 116.120-116.126, concerning Compliance History; and for revisions to the State Implementation Plan. The rules would establish a uniform rule to ensure the consistent consideration of compliance history across all agency program areas in contested case hearings on permit applications and enforcement actions and remove duplicative requirements in Chapter 116. (William Foster)(Rule Log. No. 96182-052-AD).
Continued to February 19, 1997


OLD BUSINESS AGENDA

Wednesday, February 5, 1997

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

1:00 p.m.

Room 201S, Bldg E.

12118 N. Interstate 35

Item carried forward from Agenda of January 22, 1997.

Item 1. Docket No. 96-1988-PC. Consideration of an order to authorize the Executive Director to expend in excess of $1,000,000.00 to conduct an immediate removal action within the Cadillac Heights Residential Area in Dallas, Dallas County, Texas. (G. PFEIFER)
Approve Order Authorizing Expenditure of Funds, BM/RM. All Commissioners Agree


AGENDA

Wednesday, February 5, 1997

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

1:00 p.m.

Room 201S, Bldg E.

12118 N. Interstate 35

Item 1. Docket No. 95-0202-MWD. SOAH Docket No. 582-95-1126. Consideration of Administrative Law Judge's Proposal for Decision and Order concerning the application of City of Asherton for Permit No. 13746-001 to authorize the discharge of 180,400 gpd of treated domestic wastewater effluent in Dimmit County, Texas and Segment No. 2105 of the Nueces River Basin. (Mike Rogan)
Return to State Office Administrative Hearings for Additional 60 days, BM/RM. All Commissioners Agree
Item 2. Docket No. 95-0085-WR. Application by Bexar-Medina-Atascosa Counties WCID No. 1 for an amendment to water rights certificate of adjudication No 19-2130. The applicant seeks a change in the authorized purposes of use of water. Under the certificate the applicant diverts water from Diversion and Medina Lakes in Bandera and Medina Counties. On February 22, 1995, the Commission issued its order in this case. The Commission will consider the remand by the 201st District Court of Travis County in cause No. 95-06230.
Continued to March 5, 1997 and Instructed Alternative Dispute Resolution Office to try Mediation, BM/JB. All Commissioners Agree