| Item 1. | Docket NO. 97-1063-UIC. URI, INC. for a third production area authorization for the Kingsville Dome Mine Site under existing Permit No. UR02827-001. The proposed production area authorization number is UR02827-031. The Kingsville Dome site is located adjacent to Farm Road 1118 in Kleberg County, Texas, approximately 8 miles southeast of Kingsville and 5 miles east of Ricardo. The authorization would allow injection into specified zones for the purpose of uranium production. The production zone is the Goliad formation at a depth of 420 feet to 810 feet. The Commission will consider the application and the hearing requests filed on the application. (Patti Hershey/Ben Knape) |
| Item 2. | Docket No. 97-1058-IWD. Application from Eastman Chemical Company for an amendment to permit no. 00471 to combine effluent discharged via existing Outfalls 002 & 003 into a single discharge via Outfall 002 (remove Outfall 003 from permit), increase effluent limitations for all limited parameters to allow for increased plant production, remove all existing effluent limitations from Outfall 004 due to changes in effluent quality and sources and establish new effluent limitations and monitoring requirements, remove Outfall 005 from permit, and include a request. The draft permit authorizes a discharge of diverted river water (used for plant water supply), utility wastewaters (cooling tower blowdown, steam plant blowdown, deionization wastewater, and return cooling water), miscellaneous low contamination potential plant discharges and stormwater via Outfall 001 at an intermittent and flow variable basis; treated process wastewater, treated domestic wastewater, utility wastewater, and process area stormwater via Outfall 002 at a daily average flow not to exceed 6.4 million gallons per day (MGD); and stormwater, diverted water from the Sabine River, and transferred water from Mason Lake via Outfall 004 on a flow variable basis. The applicant operates a plant manufacturing chemicals and plastics. The plant site is located on the south side of Interstate Highway 20, at the intersection of Interstate Highway 20 and State Highway 149, south of the City of Longview, Harrison County, Texas. The commission will consider the application and hearing requests that have been filed on the application. (Tom Weber/Margaret Hoffman) |
| Item 3. | Docket No. 97-1058-IWD. Request by Eastman Chemical Company for a temporary variance to the existing surface water quality standards for total copper in the Sabine River Above Toledo Bend Reservoir in Segment No. 0505 of the Sabine River Basin. The temporary variance will allow the Commission time to consider adoption of a site specific standard prior to Eastman Chemical Company having to comply with effluent limitations based on existing surface water quality standards. (Tom Weber/Margaret Hoffman) |
| Item 4. | 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) |
| Item 1. | Docket No. 97-0864-DIS. CONSIDERATION OF A PROPOSED ORDER APPROVING THE APPLICATION BY TRAVIS COUNTY WATER CONTROL AND IMPROVEMENT DISTRICT NO. 19 FOR CONVERSION TO A MUNICIPAL UTILITY DISTRICT. For Commission consideration. Applicant requests approval of a conversion from a Water Control and Improvement District to a Municipal Utility District without a change of name. (TNRCC Internal Control No. 072497-D01, Sam Jones) |
| Item 2. | Docket No. 97-0946-DIS. CONSIDERATION OF A PROPOSED ORDER APPROVING AN APPLICATION BY LAKE LBJ MUNICIPAL UTILITY DISTRICT NO. 1 OF LLANO AND BURNET COUNTIES FOR APPROVAL TO LEVY A STANDBY FEE. For Commission consideration. Applicant requests Commission approval to levy a uniform O&M standby fee on all undeveloped property within the District. (TNRCC Internal Control No. 030497-D01, Samuel W. Jones) |
| Item 3. | Docket No. 97-0964-DIS. Consideration of a Request for Determination of Sufficiency of Application by H-M-W Water Supply Corporation for Conversion to H-M-W Special Utility District of Harris and Montgomery Counties; Consideration of a Waiver of Rule Requirements in 30 TAC Section 293.11(h)(6); Pursuant to Texas Water Code Sections 65.014 and 65.021 and 30 TAC Section 281.19 (TNRCC Internal Control No. 090297-D01, Sam Jones) |
| Item 4. | Docket No. 97-0522-MSW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of City of Alamo Heights, City of Castle Hills, City of Hollywood Park, City of Olmos Park, City of Terrell Hills and Crestmore, Inc; Municipal Solid Waste Permit No. 505; for municipal solid 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. (Tim Haase) |
| Item 5. | Docket No. 96-0790-MSW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Robert S. Hough dba Tire Disposal of El Paso in El Paso County; MSW Registration Nos. 36000, 44137, and 79026; for municipal solid 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. (Mary Risner) |
| Item 6. | Docket No. 97-0199-MSW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of North East Independent School District (NEISD) in Bexar County; MSW No. 455130033 solid waste violations pursuant to the Texas Health and Safety Code and the rules of the Texas Natural Resource Conservation Commission. (Eric Adidas) |
| Item 7. | Docket No. 97-0335-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Marlin in Falls County; Permit No. 10110-002; for water quality violations pursuant to the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Mary Smith) |
| Item 8. | Docket No. 97-0167-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Edna in Jackson County; TNRCC Permit No. 10164-001; for water quality violations pursuant to the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Mary Smith) |
| Item 9. | Docket No. 97-0414-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of City of Kingsville in Kleberg County; Permit No. 10696-002; for water quality violations pursuant to the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Mary Smith) |
| Item 10. | Docket No. 97-0848-MWD-E. Consideration of an Agreed Order requiring certain actions of the City of Graford in Palo Pinto County; Permit No. 10722-001; for water quality violations pursuant to the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Mary Smith) |
| Item 11. | Docket No. 97-0461-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Christian Tabernacle in Harris County; TNRCC Permit No. 13581-001; for water quality violations pursuant to the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Bill Main) |
| Item 12. | Docket No. 97-0462-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Martin Realty & Land, Inc. in Montgomery County; TNRCC Permit No. 12621-001; for water quality violations pursuant to the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Bill Main) |
| Item 13. | Docket No. 97-0336-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Summerfield in Cherokee County; TNRCC Permit No. 13585-001; for water quality violations pursuant to the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Bill Main) |
| Item 14. | Docket No. 97-0488-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Hughes Springs in Cass County; TNRCC Permit No. 10415-001; for water quality violations pursuant to the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Bill Main) |
| Item 15. | Docket No. 97-0628-MWD-E. Consideration of an Agreed Order assessing administrative penalties of Northeast Texas Community College in Titus County; for water quality violations pursuant to the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Gilbert Angelle) |
Continued to Jan 22, 1998 at 1:30 p.m.
| Item 16. | Docket No. 97-0463-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Sunbelt Fresh Water Supply District in Harris County; TNRCC Permit No. 11670-001; for water quality violations pursuant to the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Bill Main) |
Continued to Jan 22, 1998 at 1:30 p.m.
| Item 17. | Docket No. 97-0360-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Robert Lee in Coke County; Permit No. 10603-002; for water quality violations pursuant to the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Gilbert Angelle) |
| Item 18. | Docket No. 97-0638-MWD-E. Consideration of an Agreed Order assessing administrative penalties of Sharyland Independent School District in Hidalgo County; for water quality violations pursuant to the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Gilbert Angelle) |
| Item 19. | Docket No. 97-0491-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Willow Run Public Service, Inc. in Harris County, Permit No. 10699-001; for violations pursuant to the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Gilbert Angelle) |
| Item 20. | Docket No. 97-0490-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Webb County, Permit No. 13577-001; for water quality violations pursuant to the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Brian Lehmkuhle) |
| Item 21. | Docket No. 97-0659-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Caddo Park Water System in Collin County; PWS No. 0430072; for public drinking water violations pursuant to the Texas Health & Safety Code Chapter 341 and the rules of the Texas Natural Resource Conservation Commission. (Katherine Wheatley) |
| Item 22. | Docket No. 97-0634-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Brien and Priscilla Hickman d/b/a Hilltop Mobile Home Park in Bee County; PWS No. 0130019; for drinking water quality violations pursuant to the Texas Health & Safety Code and the rules of the Texas Natural Resource Conservation Commission. (Tom Napier) |
| Item 23. | Docket No 97-0641-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Latin American Bible Institute in Bexar County; Public Water Supply Number 0150379 for drinking water violations pursuant to the Texas Health & Safety Code and the rules of the Texas Natural Resource Conservation Commission. (Katherine Wheatley) |
| Item 24. | Docket No. 97-0640-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Juan Hernandez d/b/a Diane's Mobile Home Park in Brazoria County; Public Water Supply Number 0200424 for public drinking water violations pursuant to the Texas Health & Safety Code and the rules of the Texas Natural Resource Conservation Commission. (Michael Meyer) |
| Item 25. | Docket No. 97-0633-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Robert Moore d/b/a Moore's Mobile Home Park in Bexar County; Public Water Supply Number 0150243; for violations pursuant to the Texas Health & Safety Code and the rules of the Texas Natural Resource Conservation Commission. (Michael Meyer) |
| Item 26. | Docket No. 97-0209-PWS-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Than Mai Chan dba Handi Plus No. 47 in Harris County; PWS No. 1012929; 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. (Booker Harrison) |
| Item 27. | Docket No. 97-0302-PWS-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Ali Momin dba KMS Kwik Stop No. 2 in Fort Bend County; PWS No. 0790177; 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. (Booker Harrison) |
| Item 28. | Docket No. 96-1211-PST-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Carrol R. Robinson in Bowie County; Facility ID No. 17610; 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) |
| Item 29. | Docket No. 97-0712-PST-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Producers Grain and Supply of Rochester, Inc. in Haskell County; Facility ID No. 37226; 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) |
| Item 30. | Docket No. 97-0187-PST-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Highness, Inc. in Harris County; for petroleum storage tank violations pursuant to Chapter 382 of the Texas Health & Safety Code, Chapter 26 of the Texas Water Code, and the rules of the Texas Natural Resource Conservation Commission. (Lisa Newcombe) |
| Item 31. | Docket No. 96-1162-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Mr. Bhaskar R. Patel, Ms. Shetal A. Gadkari, and Mr. Sang Lam in Harris County; Petroleum Storage Tank Facility Identification No. 59274; 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) |
| Item 32. | Docket No. 97-0690-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Mr. Dean Kersh in Brazoria County; Enforcement Identification No. 11717; for petroleum storage tank violations pursuant to the Texas Water Code, Section 26.136 and the rules of the Texas Natural Resource Conservation Commission. (Connie Wong) |
| Item 33. | Docket No. 97-0226-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Ranger Excavating, Incorporated in Travis County; Air Account No. TH-0646-D; 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) |
| Item 34. | Docket No. 97-0789-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions Smith System Manufacturing Company in Collin County; Account No. CP-0005-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. (David Edge) |
| Item 35. | Docket No. 97-0742-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Triby Auto Sales in El Paso County; Account No. EE-1561-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. (Stacey Young) |
| Item 36. | Docket No. 97-0578-IWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of IBP, Inc. in Anderson County; Permit No. 01958; for water quality violations pursuant to the Texas Water Code Chapter 26, Permit No. 01958, and the rules of the Texas Natural Resource Conservation Commission. (Sabelyn Pussman) |
| Item 37. | Docket No. 97-0521-OSI-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Hector Garcia in Fort Bend County; Certification No. 1079; Certification violations pursuant to the Texas Health and Safety Code and the rules of the Texas Natural Resource Conservation Commission. (Brian Lehmkuhle) |
| Item 38. | Docket No. 97-0413-EAQ-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Loop 1604 Group in Bexar County; No TNRCC Permit; for water quality violations pursuant to 30 Tex. Admin. Code (213.4), 30 Tex. Admin. Code (213.5(f)(2) and the rules of the Texas Natural Resource Conservation Commission. (Pamela Campbell) |
| Item 39. | Docket No. 97-0735-AGR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of D-S-M Dairy Farms, Inc. in Johnson County; No Permit; for water quality violations pursuant to the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Brian Lehmkuhle) |
| Item 40. | Docket No. 97-0065-IHW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Tri-State Chemicals, Inc. in Tom Green County; F0094; for industrial & hazardous waste violation pursuant to Texas Health & Safety Code, Chapter 361 ("the Act") and Texas Water Code, Chapter 26 ("the Code") and the rules of the Texas Natural Resource Conservation Commission. (Ravi Rao) |
| Item 41. | Docket No. 97-1196-SPF. Consideration of an agreed order requiring the City of Sour Lake to pay $25,000 in settlement of its potential liability associated with contamination at the Toups State Superfund Site located in Sour Lake, Hardin County, Texas. (Lara Nehman/Alonzo Arredondo/John Racanelli |
Issue Agreed Order, BM/JB. All Commissioners Agree
MULTI-MEDIA AGREED ORDER
| Item 42. | Docket No. 96-1533-MLM-E. Consideration of an agreed order assessing administrative penalties and requiring certain actions of American Ecology Environmental Services Corporation in Smith County; Air Account No. SK-0057-E; for air violations pursuant to the Texas Clean Air Act, Chapter 382 of the Texas Health & Safety Code, and 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. (Bill Ballard) |
| Item 43. | Docket No. 97-1197-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. |
| Item 44. | Docket No. 97-1198-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. |
| Item 1. | TNRCC Docket No. 96-1504-AIR-E; SOAH Docket No. 582-97-0260. 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 Conroe Creosoting Company, in Conroe, Montgomery County, Texas. Penalty requested: $14,000 Recommendation: Approval of requested penalty and issuance of order. (Bill Zukauckas) |
| Item 2. | Docket No. 97-1089-SLG. Consideration of the motion for reconsideration filed by Wardner J. Nice, Jr. and Ruth Marie Nice concerning the issuance of Sludge Registration No. 710769 to CDR Environmental, Inc. The Registration authorizes the beneficial land application of sludge in Parker County, Texas. |