MCBEE
MARQUEZ
BAKER

OLD BUSINESS AGENDA

Wednesday, January 7, 1998

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.
Room 201S, Bldg E.
12100 Park 35 Circle


Item carried forward from Agenda of November 19, 1997.

Item 1.   Docket No. 97-0981-MWD. CROSSROADS BIBLE CHURCH for a new permit (proposed Permit No. 13890-001) to authorize a discharge of treated domestic wastewater effluent at a volume not to exceed an average flow of 0.0036 million gallons per day. The applicant is also requesting a variance to the buffer zone requirements in accordance with 30 TAC Section 309.13(e)(1)(B). The wastewater treatment facility will serve the Crossroads Bible Church. The plant site is located approximately 1000 feet east of the intersection of Farm-to-Market Road 407 and Farm-to-Market Road 1830 (McMakin Road) and South of Farm-to-Market Road 407 in Denton County, Texas. The Commission will consider the application and the hearing requests that have been filed on the application.

Grant Hearing Request, JB/BM. All Commissioners Agree

Item carried forward from Agenda of December 17, 1997.

Item 2.   Docket No. 96-1414-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Mr. Modesto Hernandez dba Triple H Mart in Hidalgo County; Enforcement Identification No. 5159 (formerly E11663); 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

Item carried forward from Agenda of December 17, 1997.

Item 3.   Docket No. 96-1418-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Mr. Modesto Hernandez dba Triple H Mart in Hidalgo County; Enforcement Identification No. 4685 (formerly E11667); for petroleum storage tank violations pursuant to the Texas Water Code, Section 26.136, Texas Health and Safety Code and the rules of the Texas Natural Resource Conservation Commission. (Mick Wilson)

Issue Agreed Order, RM/JB. All Commissioners Agree

Item carried forward from Agenda of December 17, 1997.

Item 4.   Docket No. 96-1415-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Mr. Modesto Hernandez dba Triple H Mart in Hidalgo County; Enforcement Identification No. 5158 (formerly E11664); 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

Item carried forward from Agenda of December 17, 1997.

Item 5.   Docket No. 96-1419-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Mr. Modesto Hernandez in Hidalgo County; Enforcement Identification No. 4684 (formerly E11668); 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

Item carried forward from Agenda of December 17, 1997.

Item 6.   Docket No. 96-1420-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Mr. Modesto Hernandez, dba Triple H Mart in Hidalgo County; Enforcement Identification No. 4683 (formerly E11669); 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

Item carried forward from Agenda of December 17, 1997.

Item 7.   Docket No. 96-1417-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Mr. Modesto Hernandez, dba Triple H Mart in Hidalgo County; Enforcement Identification No. 4686 (formerly E11666); 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

Item carried forward from Agenda of December 17, 1997.

Item 8.   Docket No. 96-1687-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Mr. Raul Esquivel in El Paso County; Enforcement Identification No. 5466 (formerly E11701); for petroleum storage tank violations pursuant to the Texas Water Code, and the rules of the Texas Natural Resource Conservation Commission. (Mick Wilson)

Issue Agreed Order, RM/JB. All Commissioners Agree

Item carried forward from Agenda of December 17, 1997.

Item 9.   Docket No. 96-1416-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Mr. Modesto Hernandez, dba Triple H Mart in Hidalgo County; Enforcement Identification No. 5160 (formerly E11665); 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



AGENDA

Wednesday, January 7, 1998

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 A.M.
Bldg E. Room 201S
12100 Park 35 Circle


DISTRICT MATTER

Item 1.   Docket No. 97-1131-DIS. Consideration of adoption of a Resolution declaring the intention of the Texas Natural Resource Conservation Commission to call an election pertaining to the annexation of the City of Allen, Texas to the North Texas Municipal Water District and fixing a time and place for a hearing. (Maria Sanchez/Diego Abrego)

Approve Adoption of Resolution, BM/RM. All Commissioner Agree

PUBLIC WATER SUPPLY ENFORCEMENT DEFAULT ORDER.

Item 2.   Docket No. 95-1445-PWS-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Mary Ann McShane dba Maryland Day Care in Galveston County; PWS No. 0840225; for public drinking water violations pursuant to Chapter 341 of the Texas Health & Safety Code and the rules of the Texas Natural Resource Conservation Commission. (Barbara Lazard)

Issue Default Order, JB/RM. All Commissioners Agree

PUBLIC WATER SUPPLY ENFORCEMENT AGREED ORDER.

Item 3.   Docket No. 96-1994-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Diamond Mini-Mart, Inc. in Wharton County; PWS No. 2410032; for public drinking water violations pursuant to Chapter 341 of the Texas Health & Safety Code and the rules of the Texas Natural Resource Conservation Commission. (Mary Risner)

Issue Agreed Order, RM/JB. All Commissioners Agree

AIR ENFORCEMENT DEFAULT ORDER

Item 4.   Docket No. 97-0007-AIR-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Lupe Reyes in Harris County; Air Account No. HG-9985-M; for air 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. (Kara Salmanson)

Issue Default Order, RM/BM. All Commissioners Agree

AIR ENFORCEMENT AGREED ORDERS

Item 5.   Docket No. 97-0752-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Hampshire Chemical Corporation in Harris County; Account No. HG-4998-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. (Miriam Hall)

Issue Agreed Order, RM/JB. All Commissioners Agree

Item 6.   Docket No. 97-0696-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of FFP Operating Partners in El Paso County; Account No. EE-1608-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. (Stacey Young)

Issue Agreed Order, RM/JB. All Commissioners Agree

Item 7.   Docket No. 97-0787-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Steere Tank Lines, Incorporated in El Paso County; Account No. EE-0457-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. (Stacey Young)

Issue Agreed Order, RM/JB. All Commissioners Agree

Item 8.   Docket No. 97-0753-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Westfield Sandblasting, Inc. in Harris County; Account No. HG-1475-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. (Miriam Hall)

Issue Agreed Order, RM/JB. All Commissioners Agree

Item 9.   Docket No. 97-0543-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Timber Industries in El Paso County; Account No. EE-1927-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. (Stacey Young)

Issue Agreed Order, RM/JB. All Commissioners Agree

PETROLEUM STORAGE TANK ENFORCEMENT AGREED ORDERS

Item 10.   Docket No. 96-0750-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of April Marketing & Distribution in Dallas County; Facility ID No. 19076; for petroleum storage tank violations pursuant to Chapter 26 of the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Lisa Newcombe)

Issue Agreed Order, RM/JB. All Commissioners Agree

Item 11.   Docket No. 97-0067-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Alonzo Trevino, Jr. and Petra Trevino Salinas in Hidalgo County; Facility ID No. 48886; for petroleum storage tank violations pursuant to Chapter 26 of the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Lisa Newcombe)

Issue Agreed Order, RM/JB. All Commissioners Agree

MUNICIPAL SOLID WASTE ENFORCEMENT DEFAULT ORDER

Item 12.   Docket No. 97-0794-MSW-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Bell Processing, Inc. in Wichita County; Facility ID No. 40048; for municipal solid waste violations pursuant to Chapter 361 of the Texas Health & Safety Code and the rules of the Texas Natural Resource Conservation Commission. (Tracy Harrison)

Issue Default Order, BM/RM. All Commissioners Agree

INDUSTRIAL HAZARDOUS WASTE ENFORCEMENT AGREED ORDER

Item 13.   Docket No. 96-1821-IHW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Industrial Chrome Plate, Inc. in Bexar County; SWR No. 32312; for industrial and hazardous waste violations pursuant to the Texas Solid Waste Disposal Act, Chapter 361 of the Texas Health & Safety Code, and the rules of the Texas Natural Resource Conservation Commission. (Barbara Lazard)

Issue Agreed Order, JB/RM. Marquez Absent for this item.

AIR MATTER (DESIGNATION OF SINGLE PROPERTY)

Item 14.   Docket No. 97-1178-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 E. I. DuPont de Nemours and Company and Equistar Chemicals, L.P. in Victoria County, Texas. 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 of Single Property Designation, RM/BM. All Commissioners Agree

SUPERFUND


Item 15.   Docket No. 97-1182-SPF. Consideration of an Administrative Order to conduct remedial design and remedial action at the Jensen Drive Scrap State Superfund Site in Houston, Harris County, Texas. (Patricia Hersey/ Ashby McMullan)

Continued to January 21, 1998

RULE

Item 16.   Docket No. 97-1185-RUL. Consideration of a petition for rulemaking, filed by the Association of Electric Companies of Texas, to adopt amendments to 30 TAC Chapter 335, Section 335.261, concerning the universal waste rule. The Petitioner proposed to amend the universal waste rule to add discarded paint and paint-related wastes to the universal waste management program. Staff recommends denial of this petition. (Ray Austin) (Rule Log No. 97183-335-WS).

Grant Petition for Rulemaking, BM/RM. All Commissioners Agree

EXECUTIVE SESSION

Item 17.   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 Required

Item 18.   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 Required

(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 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, January 7, 1998

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

1:00 p.m.
Room 201S, Bldg E.
12100 Park 35 Circle


Item carried forward from Agenda of November 5, 1997.

Item 1.   TNRCC Docket No. 96-1605-MWD-E; SOAH Docket No. 582-97-0711. Consideration of Administrative Law Judge's Proposal for Decision and Order concerning the petition of the Executive Director of the Texas Natural Resource Conservation Commission for an order assessing penalties against Niranjin S. Patel dba Caraban Motor Motel, and requiring certain actions in Nacogdoches County, Texas. Penalty requested: $19,420 Recommendation: Approval of requested penalty and issuance of order requiring corrective action. (L. Craven)

Adopt Proposal for Decision and Issue Order with change to the order, JB/RM. All Commissioners Agree


AGENDA

Wednesday, January 7, 1998

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

1:00 p.m.
Room 201S, Bldg E.
12100 Park 35 Circle



Item 1.   Docket No. 97-1070-MWD. Consideration of Motions for Reconsideration filed by the Public Interest Counsel and the Protect Lake Travis Association concerning the issuance by the Executive Director of amended Permit No. 11752-001 on October 17, 1997 to the City of Lago Vista. The permit authorizes the discharge of treated wastewater to Lake Travis in Segment No. 1404 of the Colorado River Basin.

Grant Motions for Reconsideration and Remand to State Office Administrative Hearing with instructions from Commission, BM/JB. All Commissioners Agree