MCBEE
MARQUEZ
BAKER
AGENDA

Wednesday, February 19, 1997

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.

Room 201S, Bldg E.

12100 Park 35 Circle

UNCONTESTED (Agency Enforcement Report)
Item 1. Docket No. 97-0066-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, Water Quality, and Public Water Supply. The discussion will also include a description of the status of enforcement backlogs. (Anne Dobbs/Paul Sarahan).
No Action Required
CONTESTED (Hearing Request)
Item 2. Docket No. 96-1373-WR. CITY OF SAN MARCOS seeks authorization (Permit No. 5539) to use the bed and banks of the San Marcos River, Guadalupe River Basin, to convey sewage effluent from the City's wastewater treatment plant to Cummings Lake in Hays County where 99% of the effluent is from the city's municipal use of Edwards Aquifer water and the applicant is requesting authorization to convey not to exceed 10,081 acre-feet of effluent per annum to the lake and divert and use not to exceed 9980 acre-feet of this effluent. The Commission will consider the application and the hearing requests that have been filed on the application. (Lann Bookout)
Continued to February 24, 1997
Item 3. Docket No. 97-0011-MWD. BLUE WATER COVE WATER/WASTEWATER SUPPLY CORPORATION for a permit (Proposed Permit No. 13851-01) to authorize a discharge of treated domestic wastewater effluent at a volume not to exceed an average flow of 15,000 gallons per day. The facility was previously permitted under Permit No. 12665-01, which expired. The wastewater treatment facility will serve Blue Water Cove Subdivision. The wastewater treatment facilities are east and adjacent to U.S. Highway 190 in the Bluewater Cove Subdivision and approximately 3,500 feet south of the Trinity River in San Jacinto County, Texas. The Commission will consider the application and the hearing requests that have been filed on the application. (Margaret Hoffman/Tom Weber)
Deny Hearing Request and Issue Permit, RM/JB. McBee Voted No.
Item 4. Docket No. 97-0010-MWD. JAMES E. LAUBACH for an amendment to Permit No. 12478-01 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 48,000 gallons per day to a volume not to exceed an average flow of 250,000 gallons per day. The applicant is requesting a variance to the buffer zone requirements in accordance with 30 TAC Section 309.13(e)(1)(B). The wastewater treatment facilities are 100 feet south of State Highway 565 and two miles east of the intersection of State Highway 565 and Farm-to-Market Road 1405 in Chambers County, Texas. The Commission will consider the application and the hearing requests that have been filed on the application. (Margaret Hoffman/Tom Weber)
Continued to March 19, 1997, JB/BM. All Commissioners Agree
Item 5. Docket No. 97-0012-IHW. INTERCONTINENTAL ENERGY CORPORATION (IEC) for an amendment to Production Area Authorization No. 1 (Permit No. UR02108-011) at the Zamzow Mine Site. The proposed amendment would change restoration values for sodium, bicarbonate, pH, alkalinity, arsenic, ammonia, uranium, molybdenum, and radium-226. Prior to mining, the water in the production area was used for livestock. The water will remain suitable for this use with the proposed values. The Zamzow Project is located in Live Oak County, Texas, approximately eight miles east of the Three Rivers and 65 miles northwest of Corpus Christi. The production zone is in the Oakville sand at a depth of 35 to 225 feet or approximately 65 to 130 feet below mean sea level. The Commission will consider the application and hearing requests that have been filed on the application. (Sharon Smith/John Clegg)
Grant Hearing Request and Remand to Alternative Dispute Resolution and if Mediation fails forward to State Office Administrative Hearings, BM/RM. All Commissioners Agree
Item 6. Docket No. 97-0014-AIR. WISE READY MIX CONCRETE for Standard Exemption 71 under Standard Exemption Registration No. 32783 to construct a Concrete Batch Plant. The proposed location is approximately 1.6 miles west northwest of Azle, off Jacksboro Highway, Azle, Parker County, Texas. The Commission will consider the application and the hearing requests that have been filed on the application. (Peter Gregg/Stephanie Howell)
Continued to March 5, 1997
Item 7. Docket No. 97-0095-AIR. OCCIDENTAL CHEMICAL CORPORATION to amend Air Quality Permit No. 18384 to authorize construction of an additional production line at its existing Polyvinyl Chloride (PVC) Resin Manufacturing Unit. The existing facility is located at 4403 Pasadena Freeway in Pasadena, Harris County, Texas. (Maria Sanchez/Tim Friday)
Deny Hearing Request and Issue Permit, BM/JB. McBee Voted No.
CONTESTED (District Matters)
Item 8. Docket No. 96-1325-DIS. CONSIDERATION OF A PROPOSED ORDER APPROVING AN APPLICATION BY HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 221 FOR APPROVAL TO LEVY A STANDBY FEE. For Commission consideration. Applicant requests Commission approval of nonuniform annual debt service standby fee of (a) $1,011 per undeveloped acre within Northview Park Sections 1-3 (Tiers 1&2); and (b) $667 per undeveloped acre for all other undeveloped land within the District (TNRCC Internal Control No. 013096-D01, Robert Cummins)
Approve Staff Recommendation, JB/BM. All Commissioners Agree
Item 9. Docket No. 96-1305-DIS. CONSIDERATION OF A PROPOSED ORDER APPROVING AN APPLICATION BY BARKER-CYPRESS MUNICIPAL UTILITY DISTRICT OF HARRIS COUNTY FOR APPROVAL TO LEVY STANDBY FEES. For Commission consideration. Applicant requests Commission approval to levy non-uniform debt service standby fees. (TNRCC Internal Control No. 040196-D01, Robert Cummins)
Approve Staff Recommendation, JB/BM. All Commissioners Agree
CONTESTED (Municipal Solid Waste Enforcement)
Item 10. Docket No. 96-1585-MSW-E. Consideration of an Agreed Order requiring certain actions of World Tire Recycling, Inc., Waste Tire Storage Registration No. 44147, for Municipal Solid Waste violations pursuant to the Texas Solid Waste Disposal Act and the rules of the Texas Natural Resource Conservation Commission. (John Mead\Steve Shepherd).
Issue Agreed Order, RM/JB. All Commissioners Agree
CONTESTED (Municipal Waste Discharge Enforcements)
Item 11. Docket No. 96-1854-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Pharr in Hidalgo County, Permit No. 10596-001; for violations pursuant to the Tex. Water Code and the rules of the Texas Natural Resource Conservation Commission. (Roxanne Cook).
Issue Agreed Order, JB/RM. All Commissioners Agree
Item 12. Docket No. 96-1542-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of BICC Cables in Harrison County, Permit No. 01270; for violations pursuant to the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Michael Meyer\Guy Henry)
Issue Agreed Order, RM/BM. All Commissioners Agree
Item 13. Docket No. 96-1751-MWD-E. Consideration of an Agreed Order requiring certain actions of the City of Magnolia in Montgomery County, Permit No. 11871-001; for violations pursuant to the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Mary Smith\Henry)
Issue Agreed Order, JB/RM. All Commissioners Agree
Item 14. Docket No. 96-1406-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the Montgomery County Municipal Utility District No. 19 in Montgomery County, Permit No. 11970-001; for violations pursuant to the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Gilbert Angelle\Henry)
Issue Agreed Order, RM/JB. All Commissioners Agree
Item 15. Docket No. 96-1883-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Edsel Jones, owner of Rolling Ridge Wastewater Treatment Plant in Brazos County, Permit No. 12015-001; for violations pursuant to the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Pam Campbell)
Issue Agreed Order, RM/BM. All Commissioners Agree
Item 16. Docket No. 96-1757-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Mount Calm in Hill County, Permit No. 11464-001 for violations pursuant to the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Pam Campbell)
Continue until March 19, 1997
Item 17. Docket No. 96-1408-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of West Houston Airport Corporation in Harris County, Permit No. 12516-001; for violations pursuant to the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Lin Zhang\Henry)
Issue Agreed Order, RM/BM. All Commissioners Agree
Item 18. Docket No. 95-1425-MWD-E. Consideration of an Agreed Order requiring certain actions of Oscar Lee Martin in Polk County; for violations of Chapter 26 of the Texas Water Code, and the rules of the Texas Natural Resource Conservation Commission. (Ray Winter).
Issue Agreed Order, RM/JB. McBee Abstains.
CONTESTED (Air Quality Enforcements)
Item 19. Docket No. 96-1386-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of American Paint & Body Shop in Dallas County; Account No. DB-4144-R; 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)
Remand to Executive Director, JB/BM. Marquez absent for vote.
Item 20. Docket No. 96-1390-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Top Cut Tree Service in Montgomery County; Account No. MQ-0308-P; 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/BM. All Commissioners Agree
Item 21. Docket No. 96-1498-AIR-E. Consideration of an Agreed Order requiring certain actions of Rust Specialty Chemicals, Incorporated in Harris County; Account No. HX-0884-U; 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/BM. All Commissioners Agree
Item 22. Docket No. 96-0600-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Trinity Industries, Inc., in Tarrant County; Account No. TA-0429-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/BM. All Commissioners Agree
Item 23. Docket No. 96-0605-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Woodland's Body Shop in Montgomery County; Account No. MQ-0275-F; 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/BM. All Commissioners Agree
Item 24. Docket No. 96-1548-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Groendyke Transport, Inc. in Galveston County; Account No. GB-0185-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. (Miriam Hall)
Issue Agreed Order, RM/BM. All Commissioners Agree
Item 25. Docket No. 96-1259-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Rock Wool Manufacturing Company in Harris County; Account No. HG-1766-N; 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/BM. All Commissioners Agree
Item 26. Docket No. 96-0693-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Euless Auto Sales in Tarrant County; Account No. TA-2840-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. (Tel Croston)
Issue Agreed Order, RM/BM. All Commissioners Agree
Item 27. Docket No. 96-1292-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Ralph's Paint and Body Shop in Tarrant County; Account No. TA-1850-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. (Kevin Cauble)
Issue Agreed Order, RM/BM. All Commissioners Agree
Item 28. Docket No. 96-1120-AIR-E. Consideration of an Agreed Order requiring certain actions of Texas Aircraft Milling, Incorporated in Dallas County; Account No. DB-0797-R; 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/BM. All Commissioners Agree
Item 29. Docket No. 96-1263-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Marock, Incorporated in Wise County; Account No. WN-0034-U; 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/BM. All Commissioners Agree
CONTESTED (Industrial Waste Discharge Enforcements)
Item 30. Docket No. 96-1629-IWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Monte Allen in Comanche County, No TNRCC Permit; for violations pursuant to the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Pam Campbell)
Issue Agreed Order, RM/JB. All Commissioners Agree
Item 31. Docket No. 96-1545-IWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of CDR Environmental, Inc. in Harris County, Permit No. 03524; for violations pursuant to the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Laurie Eaves\Henry)
Issue Agreed Order, RM/JB. All Commissioners Agree
CONTESTED (Petroleum Storage Tank Enforcements)
Item 32. Docket No. 96-0925-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of James Caldwell in Bexar County; PST Enforcement Identification No. E11504; 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, JB/RM. All Commissioners Agree
Item 33. Docket No. 96-1599-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Mr. Ali Ahmed Hirani in Harris County; PST Enforcement Identification No. E10950; for petroleum storage tank violations pursuant to the Texas Water Code, Section 26.136, Texas Health and Safety Code, Chapter 382, and the rules of the Texas Natural Resource Conservation Commission. (Sushil Modak)
Issue Agreed Order, JB/RM. All Commissioners Agree
Item 34. Docket No. 96-1837-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of L & M Grocery, Inc. in Dallas and Denton Counties; Enforcement ID Nos. E11557, E11413, E11412, E11415, E11416, E11417, E10967, E11414, E11387, and E11206; for petroleum storage tank violations pursuant to Chapter 26 of the Texas Water Code, 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, JB/RM. McBee Voted No.
CONTESTED (Industrial Hazardous Waste Enforcements)
Item 35. Docket No. 96-1608-IHW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the Texas Industrial Radiator, in Travis County; FOD No. F0027; for violations pursuant to the Texas Health & Safety Code, and the rules of the Texas Natural Resource Conservation Commission. (Subhash Jain)
Issue Agreed Order, RM/JB. All Commissioners Agree
Item 36. Docket No. 96-1905-IHW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Oxy Petrochemicals Inc. in Nueces County; SWR No. 31685; for industrial and hazardous waste violations pursuant to Chapter 26 of the Texas Water Code, and the rules of the Texas Natural Resource Conservation Commission. (Greg Warmink).
Issue Agreed Order, RM/JB. All Commissioners Agree
CONTESTED (Public Water Supply Enforcement)
Item 37. Docket No. 95-1009-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Blackjack Water Supply Corporation in Cherokee County; PWS No. 0370029; CNN No. 11402; for drinking water quality violations pursuant to Chapter 341 of the Texas Health and Safety Code, and the rules of the Texas Natural Resource Conservation Commission. (Mary Risner).
Issue Agreed Order, RM/JB. All Commissioners Agree
CONTESTED (Rules)
Item 38. Docket No. 97-0102-RUL. Consideration of a petition for rulemaking to adopt amendments to 30 TAC Chapter 317, Section 317.2, concerning Sewage Collection Systems. The petition filed by Phillips/Driscopipe proposes a revision to the pipe selection requirement in the design of sewage collection systems. The proposed revision would add a performance-based standard for polyethylene pipe to the requirements. Staff recommends denial of this petition. (Tom Weber).
Deny Petition, JB/RM. McBee Abstains
Item 39. Docket No. 96-1809-RUL. Consideration for repeal of 30 TAC Section 116.211, concerning Standard Exemption List and 30 TAC Section 116.212, concerning Public Notice and Comment Procedures; and for adoption of amendments to 30 TAC Chapter 106, concerning Exemptions from Permitting. If approved, the amendments would incorporate the standard exemptions contained in Section 116.211 and hearing notice requirements of Section 116.212, with no substantial changes, into new sections of Chapter 106. The primary purpose of the repeals and amendments is to provide the commission greater flexibility in rulemaking related to standard exemptions. The proposed rules were published in the December 17, 1996, issue of the Texas Register (21 TexReg 12055). (Rule Log No. 96180-106-AI) (Beecher Cameron).
Approve Staff Recommendation, RM/BM. All Commissioners Agree
Item 40. Docket No. 97-0079-RUL. Consideration for publication of, and hearing upon, a proposed new 30 TAC Chapter 106, Subchapter I, Section 106.231, concerning Manufacturing, Refinishing, and Restoring of Wood Products. The proposed section would create an exemption for manufacturers, refinishers, and restorers of wood products from the air permitting requirements of Texas Health and Safety Code, Section 382.0518. (Lisa Evans) (Rule Log No. 96183-106-AI).
Proceed with publication and hearing, BM/JB. All Commissioners Agree
EXECUTIVE SESSION
Item 41. Docket No. 97-0106-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 42. Docket No. 97-0107-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 43. Docket No. 97-0108-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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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, February 19, 1997

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.

Room 201S, Bldg E.

12100 Park 35 Circle

Item 44. Docket No. 97-0112-EXE. The Commission will meet in closed session to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of the Commission's Public Interest 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 this matter as required by Section 551.102 of the Texas Open Meetings Act, Chapter 551 of the Government Code.
No Action Taken
Item 45. Docket No. 97-0080-RUL. Consideration for notice of and hearing on a proposed revision to the State Implementation Plan (SIP) regarding sulfur dioxide emissions in Harris County. On July 24, 1996 the commission adopted modified orders for two facilities in Harris County; Simpson-Pasadena and Lyondell/Citgo. The proposed revision, if approved, would incorporate these voluntary commission orders into the SIP, thus avoiding a situation where state and federal emissions limitations might conflict. (Lisa Evans) (Rule Log 96181-SIP-AI)
Approve Staff Recommendation, RM/JB. All Commissioners Agree
Item 46. Docket No. 97-0121-MWD. The Commission will consider the issuance on January 3, 1997 by the Executive Director of amended wastewater discharge Permit No. 12189-001 to Tex-Sun Parks, L.C. The permit authorizes the treatment and disposal of wastes from the Western Pines Mobile Home Community Wastewater Treatment facilities. The facilities are located approximately 2,000 feet west of Fry Road and 1,000 feet north of Morton Road in Harris County, Texas. The Commission received a timely hearing request on the application for amended Permit No. 12189-001 during the period for submitting such a request.
Continued to March 19, 1997 and continue time to act for 30 days, RM/BM. All Commissioners Agree
Item 47. Docket No. 97-0125- EXE. The Commission will meet in closed session to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of the Director of the Office of Public Assistance 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 this matter as required by Section 551.102 of the Texas Open Meetings Act.
No Action Taken


SECOND ADDENDUM TO AGENDA

Wednesday, February 19, 1997

9:30 a.m.

Room 201S, Bldg E.

12100 Park 35 Circle

Item 48. Docket No. 97-0126-EXE. The Commission will consider the processing of applications for air quality permits. The discussion will cover public notice, the processing of hearing requests including the implementation of SB 1125 (from the 74th Legislative Session), and other public participation issues.
See Item 5 at 1:00 p.m.


OLD BUSINESS AGENDA

Wednesday, February 19, 1997

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.

Room 201S, Bldg E.

12100 Park 35 Circle

Item carried forward from Agenda of January 8, 1997 and February 5, 1997.

Item 1. 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).
Remand to Executive Director and instructed General Counsel to work with staff, BM/RM. All Commissioners Agree
Item carried forward from Agenda of January 22, 1997.
Item 2. Docket No. 97-0014-AIR. Application of Wise Ready Mix Concrete, Inc. for a Standard Exemption authorizing the proposed construction of a concrete batch plant to be located approximately 1.6 miles west northwest of Azle, off Jacksboro Highway. (Peter Gregg)
See Item #6


OLD BUSINESS AGENDA

Wednesday, February 19, 1997

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

1:00 p.m.

Room 201S, Bldg E.

12100 Park 35 Circle

Item carried forward from Agenda of December 18, 1996 and January 22, 1997.

Item 1. 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)
Deny Hearing Request and Issue Amendment, JB/RM. All Commissioners Agree


AGENDA

Wednesday, February 19, 1997

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

1:00 p.m.

Room 201S, Bldg E.

12100 Park 35 Circle

Item 1. Docket No. 96-1950-SLG. The Texas Natural Resource Conservation Commission will consider the Executive Director's authority to annul Registration No. 710725 issued on March 25, 1996 to Magna-Flow International, Inc. Registration No. 710725 authorizes the land application of wastewater treatment plant sludge and water treatment sludge at a site that is located approximately 28 miles north of the City of Laredo in Webb County, Texas. The Commission will also consider the requests for reevaluation filed by the City of Laredo, Webb County, and the Honorable Judith Zaffirini, State Senator for District 21, requesting the Commission reconsider the Executive Director's issuance of Registration No. 710725 to Magna-Flow International, Inc.
No Action Required
Item 2. Docket No. 97-0101-AGR. Consideration of the Requests for Commission Review concerning the Executive Director's determinations that no comments submitted concerning the application by Robert Lueck for Permit-by-Rule No. 03439 demonstrated technical merit. The application concerns the dairy facility currently authorized under Subchapter B of Chapter 321 of TNRCC rules by Permit No. 03439. The application by Robert Lueck seeks to transfer authorization to operate from Subchapter B to Subchapter K of Chapter 321 of TNRCC rules pursuant to 30 TAC §321.183(l). The application also requests authorization, pursuant to Subchapter K of Chapter 321 of TNRCC rules, to expand the dairy facility from 990 head to operate at a maximum of 1,570 head and to generate, collect, and treat animal wastewater on-site. Waste will be beneficially disposed of off-site and on-site. The facility is located near Lingleville on the east side of Farm-to-Market Road 219 approximately one mile south of the intersection of Farm-to-Market Road 219 and Farm-to-Market Road 8 in Erath County. The facility is in the drainage area of the Upper North Bosque River in Segment No. 1255 of the Brazos River Basin.
Deny Request and Affirm Executive Director's determination, RM/JB. McBee voted No.
Item 3. Docket Number 96-1662-SLG. Consideration of registration No. 710739 signed by the Executive Director on January 27, 1997, to Cary Juby and Frederick J. Juby Residuary Trust. In addition, the Commission will consider the issuance of a corrected Registration No. 710739 to Mr. Cary Juby and Frederick J. Juby, Jr. Residuary Trust. The corrected registration would authorize Mr. Cary Juby and Frederick J. Juby, Jr. Residuary Trust to land apply certain domestic wastewater treatment sludge, water treatment sludge and domestic septage products and would limit the land application of domestic septage to no more than 11,075 gallons per acre per year. The site for land application is located on the northwest side of the intersection of State Highway 183 and County Road 210. This intersection is approximately 1500 feet south of Briggs in Burnet County, Texas.
Set aside Jan 27, 97 Registration and Issue corrected registration, BM/RM. All Commissioners Agree
Item 4. Docket Number 95-1341-AGR. Consideration of the Motion for Rehearing filed by Craig B. Silverthorne dba Plainview Feedyard. The motion concerns the Commission's order to revoke permit No. 01926 which was issued on December 20, 1996. Permit No. 01926 authorized the disposal of wastewater and rainfall runoff from the feedlot facility into a playa lake retention facility located one block north of the A.T. & S.F. Railroad on Farm Road 400 and one block east of the City of Plainview in Hale County, Texas.
Deny Motion for Rehearing, BM/RM. All Commissioners Agree
Item 5. Docket No. 97-0126-EXE. The Commission will consider the processing of applications for air quality permits. The discussion will cover public notice, the processing of hearing requests including the implementation of SB 1125 (from the 74th Legislative Session), and other public participation issues.
No Action Taken