OLD BUSINESS AGENDA


Wednesday, February 18, 1998

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

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


Item carried forward from agenda of February 4, 1998

Item 1.   Docket No. 98-0041-AGR. The Commission will consider publication of notice and the holding of a public meeting on a proposed general permit to be issued under Texas Water Code section 26.040. The proposed general permit would authorize the discharge of waste into or adjacent to the waters of the state. The general permit would apply to the entire state of Texas and would authorize discharges by confined or concentrated animal feeding operations.

See Item 44

Item carried forward from agenda of February 4, 1998

Item 2.   Docket No. 98-0042-RUL. The Commission will consider publication in the Texas Register and the holding of a public meeting on proposed changes to 30 TAC Chapter 321, subchapters B and K concerning the discharge of waste into or adjacent to waters of the state by confined or concentrated animal feeding operations. The rules concern the authorization of such discharge by individual permit or by permit by rule. The proposed rule changes concern the Commission's response to the ruling in Accord Agriculture, Inc. v. TNRCC, the 353rd Judicial District Court, Travis County, Texas; Cause No. 96-00159.

Go forth with publication and hearing, JB/BM. Modify recommendation to reflect commissioners recommendations, JB/BM. All Commissioners Agree


MCBEE
MARQUEZ
BAKER

AGENDA

Wednesday, February 18, 1998

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

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


HEARING REQUEST

Item 1.   Docket No. 98-0013-MWD. Request by Aviation Utilities Services, Inc. for a new permit (proposed Permit No. 13920-01) to authorize a discharge of treated domestic wastewater effluent at a volume not to exceed an average flow of 0.09 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)(C). The wastewater treatment facility will serve an approximately 70-acre development project. The plant site is located approximately 4000 feet south of the intersection of State Highway 1171 and Interstate Highway 35W, 3000 feet east of Interstate Highway 35W and 2,500 feet west of the North West Regional Airport landing strip in Denton County, Texas. The Commission will consider the application and the hearing requests that have been filed on the application.

Continued to March 4, 1998

Item 2.   Docket No. 98-0026-AIR. CARBOTEK DEVELOPMENT LABORATORIES for Air Quality Permit No. 32981 to authorize construction of a Custom Chemical Processing Facility. The location of the proposed facility is 16233 Park Row, Suite 100 in Houston, Harris County, Texas. The Commission will consider the application and hearing requests filed on the application. (Kerri Rowland/John Barrientez)

Deny Hearing Request and issue permit, RM/JB. All Commissioners Agree

CLASS 3 MODIFICATION TO HAZARDOUS WASTE PERMIT

Item 3.   Docket No. 98-0083-IHW. Consideration of an application by ISK Biosciences Corporation (Houston) for a Class 3 modification to permit HW-50205 in accordance with 30 TAC Sections 39.109 and 305.69(d). The permit authorizes the operation of an industrial solid waste management facility. The modification will authorize the addition of the West Surface Impoundment to the permit and allow delay of closure of the impoundment so that it may be used for the management of non-hazardous industrial solid waste, increase the volume of waste stored in the Container Storage Area, and revise the personnel training plan, contingency plan and waste analysis plan. The facility is located at 2239 Haden Road on approximately 200 acres in Houston, Harris County, Texas. (John Clegg)

Continued to March 4, 1998

DISTRICT MATTER

Item 4.   Docket No. 98-0054-DIS. Consideration of a Proposed Order Approving the Application by Williamson-Travis Counties Municipal Utility District No. 1 for Approval of Second Amended Fire Protection Plan. For Commission consideration. Applicant requests approval of a second amended fire protection plan and approval of contract providing fire protection services. (TNRCC Internal Control No. 122397-D02, Samuel W. Jones, P.E.)

Issue Proposed Order, JB/RM. All Commissioners Agree

SUPERFUND

Item 5.   Docket No. 98-0081-SPF. Consideration of an administrative order to conduct remedial design and remedial action services at the Harris Sand Pits State Superfund Site in Von Ormy, Bexar County, Texas. (Caroline Sweeney/Trey Collins)

Issue Administrative Order, RM/JB. All Commissioners Agree

RESOLUTION

Item 6.   Docket No. 98-0088-RES. Consideration of a Resolution to appoint twenty members to the Galveston Bay Council, which is an advisory committee to the Galveston Bay Estuary Program. The Program is co-managed by the Texas Natural Resource Conservation Commission and the General Land Office (Marilyn Browning)

Approve Resolution as Recommended, BM/JB. All Commissioners Agree

SLUDGE ENFORCEMENT AGREED ORDER

Item 7.   Docket No. 97-0954-SLG-E. Consideration of an Agreed Order requiring certain actions of Beneficial Land Management in Travis County; Registration No. 710721; for beneficial land use site violations pursuant to Registration No. 710721 and the rules of the Texas Natural Resource Conservation Commission. (Pamela Campbell)

Issue Agreed Order, RM/BM. All Commissioners Agree

PUBLIC WATER SUPPLY ENFORCEMENTS AGREED ORDERS


Item 8.   Docket No. 97-0511-PWS-E. Consideration of an Agreed Order requiring certain actions of Robert C. Nolen d/b/a North Ridge Commercial-Industrial Site in Burnet County; PWS No. 0270091; for drinking water quality violations pursuant to the Texas Health and Safety Code, Chapter 341, and the rules of the Texas Natural Resource Conservation Commission. (Sabelyn Pussman)

Issue Agreed Order, RM/JB. All Commissioners Agree

Item 9.   Docket No. 97-0563-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the Pecan Shadows Water Supply Corporation in Matagorda County; PWS No. 1610014; for drinking water violations pursuant to the Texas Health and Safety Code and the rules of the Texas Natural Resource Conservation Commission. (Tom Napier)

Issue Agreed Order, RM/JB. All Commissioners Agree

Item 10.   Docket No. 96-1724-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Springlake in Lamb County; PWS No. 1400007; for drinking water quality violations pursuant to the Texas Health and Safety Code and the rules of the Texas Natural Resource Conservation Commission. (Tom Napier)

Issue Agreed Order, RM/JB. All Commissioners Agree

AGRICULTURAL ENFORCEMENT AGREED ORDER

Item 11.   Docket No. 97-0816-AGR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Jan Pieter DeVries dba Sun Valley Dairy in Erath County; TNRCC Permit No. 03679; for water quality 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

INDUSTRIAL WASTE DISCHARGE ENFORCEMENT AGREED ORDER

Item 12.   Docket No. 97-0850-IWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of A. Schulman, Inc. in Orange County; Permit No. 00337; for water quality violations pursuant to the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Gilbert Angelle)

Issue Agreed Order, RM/BM. All Commissioners Agree

PETROLEUM STORAGE TANK ENFORCEMENT DEFAULT ORDERS

Item 13.   Docket No. 97-0622-PST-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Gloria Vera in Hidalgo County; Facility ID No. 54971 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 Default Order, JB/RM. All Commissioners Agree

Item 14.   Docket No. 96-0940-PST-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Raul Flores in Hidalgo County; Facility ID No. 55442; 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 Default Order, JB/RM. All Commissioners Agree

PETROLEUM STORAGE TANK ENFORCEMENT AGREED ORDER

Item 15.   Docket No. 97-0090-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Mohammad Arami and Al Abusafi in Travis County; Facility ID No. 28646; 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, JB/RM. All Commissioners Agree

INDUSTRIAL HAZARDOUS WASTE ENFORCEMENT AGREED ORDERS

Item 16.   Docket No. 97-0380-IHW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of The City of San Antonio in Bexar County; SWR No. 83541; 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. (Paul Sarahan)

Issue Agreed Order, JB/RM. All Commissioners Agree

Item 17.   Docket No. 97-0733-IHW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Sterling Chemicals, Incorporated in Galveston County; Solid Waste Registration Number 30285; for industrial & 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. (John Sadlier)

Issue Agreed Order, JB/BM. Marquez Recused from this item.

Item 18.   Docket No. 97-0568-IHW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Johnson Roofing Company, Inc. in McLennan County; Solid Waste Registration No. 41933; for industrial & hazardous waste violations pursuant to the Texas Health and Safety Code and the rules of the Texas Natural Resource Conservation Commission. (Anne Nyffenegger)

Issue Agreed Order, JB/RM. All Commissioners Agree

MUNICIPAL SOLID WASTE ENFORCEMENT AGREED ORDER

Item 19.   Docket No. 96-1865-MSW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of City of Seguin in Guadalupe County; Permit No. 97; 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. (William Foster)

Issue Agreed Order, RM/JB. All Commissioners Agree

MUNICIPAL SOLID WASTE ENFORCEMENT DEFAULT ORDER

Item 20.   Docket No. 96-1943-MSW-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of John Fields dba J.F.S. Steel Fabrication in Harris County; Permit No. 45512004; 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. (Cecily Small Gooch)

Issue Default Order, BM/RM. All Commissioners Agree

INDUSTRIAL SOLID WASTE ENFORCEMENT PROPOSED ORDER

Item 21.   Docket No. 94-0327-ISW-E. Consideration of a Proposed Order dismissing the Agreed Order dated December 11, 1995 in the matter of Union Pacific Railroad M.K. T. Rail Yard in Dallas County; SWR No. 81424. (Raymond Winter)

Continued to March 4, 1998

ON-SITE SEWAGE INSTALLER ENFORCEMENT DEFAULT ORDER

Item 22.   Docket No. 97-0886-OSI-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Gary Thompson in Galveston County; License No. 5500; for on-site sewage installer violations pursuant to Chapter 366 of the Texas Health & Safety Code and the rules of the Texas Natural Resource Conservation Commission. (Cecily Small Gooch)

Issue Default Order, RM/BM. All Commissioners Agree

AIR ENFORCEMENT AGREED ORDER

Item 23.   Docket No. 97-0844-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Oscar and Son Sandblasting and Painting in Ector County; Account No. EB-0796-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. (Kevin Cauble)

Issue Agreed Order, RM/JB. All Commissioners Agree

Item 24.   Docket No. 97-0751-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of U.S. Filter Recovery Services, Inc. in Chambers County; Account No. CI-0138-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/JB. All Commissioners Agree

Item 25.   Docket No. 97-0766-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Hoechst Celanese Chemical Group, Ltd. in Matagorda County; Account No. MH-0009-H; 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)

Continued to March 4, 1998

Item 26.   Docket No. 97-0484-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Delhi Gas Pipeline Corporation in Freestone County; Account No. FI-0008-M; 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. (Suzanne Walrath)

Issue Agreed Order, RM/JB. All Commissioners Agree

RULES

Item 27.   Docket No. 98-0031-RUL. Consideration for adoption of the Waste Load Evaluation (WLE) for Dissolved Oxygen in the Canadian River Above Lake Meredith in the Canadian River Basin, recommending effluent limitations for maintaining applicable dissolved oxygen criteria. (Sally Gutierrez) (Rule Log No. 97106-WLE-WT).

Adopt Rules as Recommended, BM/JB. All Commissioners Agree

Item 28.   Docket No. 98-0032-RUL. Consideration for adoption of the Waste Load Evaluation (WLE) for Dissolved Oxygen in Chambers Creek Above Richland-Chambers Reservoir in the Trinity River Basin, recommending effluent limitations for maintaining applicable dissolved oxygen criteria. (Sally Gutierrez) (Rule Log No. 97107-WLE-WT).

Adopt Rules as Recommended, BM/JB. All Commissioners Agree

Item 29.   Docket No. 98-0033-RUL. Consideration for adoption of the Waste Load Evaluation (WLE) for Dissolved Oxygen in the East Fork Trinity River in the Trinity River Basin, recommending effluent limitations for maintaining applicable dissolved oxygen criteria. (Sally Gutierrez) (Rule Log No. 97108-WLE-WT).

Adopt Rules as Recommended, BM/JB. All Commissioners Agree

Item 30.   Docket No. 98-0034-RUL. Consideration for adoption of the Waste Load Evaluation (WLE) for Dissolved Oxygen in Cedar Bayou in the Trinity-San Jacinto Coastal Basin, recommending effluent limitations for maintaining applicable dissolved oxygen criteria. (Sally Gutierrez) (Rule Log No. 97109-WLE-WT).

Adopt Rules as Recommended, BM/JB. All Commissioners Agree

Item 31.   Docket No. 98-0035-RUL. Consideration for adoption of the Waste Load Evaluation (WLE) for Dissolved Oxygen in the Leon River Below Proctor Lake in the Brazos River Basin, recommending effluent limitations for maintaining applicable dissolved oxygen criteria. (Sally Gutierrez) (Rule Log No. 97110-WLE-WT).

Adopt Rules as Recommended, BM/JB. All Commissioners Agree

Item 32.   Docket No. 98-0036-RUL. Consideration for adoption of the Waste Load Evaluation (WLE) for Dissolved Oxygen in the Rio Grande Below Amistad Reservoir in the Rio Grande Basin, recommending effluent limitations for maintaining applicable dissolved oxygen criteria. (Sally Gutierrez) (Rule Log No. 97111-WLE-WT).

Adopt Rules as Recommended, BM/JB. All Commissioners Agree

Item 33.   Docket No. 98-0037-RUL. Consideration for adoption of the Waste Load Evaluation (WLE) for Dissolved Oxygen in the Rio Grande Near El Paso in the Rio Grande Basin, recommending effluent limitations for maintaining applicable dissolved oxygen criteria. (Sally Gutierrez) (Rule Log No. 97112-WLE-WT)

Adopt Rules as Recommended, BM/JB. All Commissioners Agree

Item 34.   Docket No. 98-0038-RUL. Consideration for adoption of the Waste Load Evaluation (WLE) for Dissolved Oxygen in the Red River Below Lake Texoma in the Red River Basin, recommending effluent limitations for maintaining applicable dissolved oxygen criteria. (Sally Gutierrez) (Rule Log No. 97113-WLE-WT).

Adopt Rules as Recommended, BM/JB. All Commissioners Agree

Item 35.   Docket No. 98-0039-RUL. Consideration for adoption of the Waste Load Evaluation (WLE) for Dissolved Oxygen in the Prairie Dog Town Fork of the Red River in the Red River Basin, recommending effluent limitations for maintaining applicable dissolved oxygen criteria. (Sally Gutierrez) (Rule Log No. 97114-WLE-WT).
Adopt Rules as Recommended, BM/JB. All Commissioners Agree

Item 36.   Docket No. 98-0044-RUL. Consideration for adoption of the Waste Load Evaluation (WLE) for Dissolved Oxygen in the Intracoastal Waterway Tidal in the Neches-Trinity Coastal Basin, recommending effluent limitations for maintaining applicable dissolved oxygen criteria. (Sally Gutierrez) (Rule Log No. 97115-WLE-WT).

Adopt Rules as Recommended, BM/JB. All Commissioners Agree

Item 37.   Docket No. 98-0045-RUL. Consideration for adoption of the Waste Load Evaluation (WLE) for Dissolved Oxygen in the Clear Fork Brazos River in the Brazos River Basin, recommending effluent limitations for maintaining applicable dissolved oxygen criteria. (Sally Gutierrez) (Rule Log No. 97116-WLE-WT).

Adopt Rules as Recommended, BM/JB. All Commissioners Agree

Item 38.   Docket No. 98-0265-RUL. Consideration for adoption of amendments to 30 TAC Chapter 324, Sections 324.4 and 324.11-324.14, repeal of Sections 324.17-324.20, and new Section 324.22; and new 30 TAC Chapter 37 Sections 37.2001, 37.2011, and 37.2021, concerning Used Oil Recycling. If approved, the amendments, repeals, and new sections would implement Texas Health and Safety Code Chapter 371, Section 371.026, concerning Registration and Reporting Requirements of Used Oil Handlers Other Than Generators. These amendments, repeals, and new sections primarily implement one-time registration for used oil handlers, eliminate used oil handler reporting except for the federally required biennial report from used oil processors and refiners, and implement state required financial responsibility. The proposed rules were published in the October 17, 1997, issue of the Texas Register (22 TexReg 10238). (Debbie Bohl) (Rule Log No. 97141-324-WS).

Approve Adoption as Recommended, JB/BM. All Commissioners Agree

Item 39.   Docket No. 98-0077-RUL. Consideration of a petition for rulemaking, filed by the Department of the Air Force, Sheppard Air Force Base, to adopt amendments to 30 TAC Chapter 335, Section 335.261, concerning the universal waste rule. The Petitioner proposes to amend the universal waste rule to add mercury containing lamps to the universal waste management program. Staff recommends the commission initiate rulemaking in response to this petition. (Ray Austin) (Rule Log No. 98002-335-WS).

Approve Petition for rulemaking, RM/JB. All Commissioners Agree

Item 40.   Docket No. 98-0093-RUL. Consideration for publication of and hearing upon proposed amendments to 30 TAC Chapter 330, Subchapter A, Section 330.4, concerning Permit Required, and proposed new 30 TAC Chapter 330, Subchapter B, Section 330.26, concerning Storage of Litter and Other Solid Waste. The proposed amended section and new section would address litter disposal and litter storage provisions of House Bill 717, 75th Legislature, and provisions of Senate Bill 1782, 75th Legislature, regarding animal carcass disposal for roadway maintenance. (Wayne Lee) (Rule Log No. 97153-330-WS).

Approve Publication and Hearing, JB/BM. All Commissioners Agree

EXECUTIVE SESSION

Item 41.   Docket No. 98-0103-EXE. THE COMMISSION WILL CONDUCT A CLOSED MEETING TO RECEIVE LEGAL ADVICE AND WILL DISCUSS PENDING OR CONTEMPLATED LITIGATION, SETTLEMENT OFFERS, AND/OR THE APPOINTMENT, EMPLOYMENT, EVALUATION, REASSIGNMENT, DUTIES, DISCIPLINE OR DISMISSAL OF SPECIFIC COMMISSION EMPLOYEES, as permitted by Sections 551.071 and 551.074, the Open Meetings Act, codified as Chapter 551 of the Government code. No final action, decision or vote with regard to any legal or personnel matter considered in the closed meeting shall be made in the absence of further notice issued in accordance with Chapter 551 of the Government Code.

Continued to Feb 19 Work Session. No Action Taken

Item 42.   Docket No. 98-0104-EXE. THE COMMISSION WILL CONDUCT A CLOSED SESSION TO DISCUSS THEIR DUTIES, ROLES, AND RESPONSIBILITIES AS COMMISSIONERS OF THE TNRCC PURSUANT TO SECTION 551.074 OF THE OPEN MEETINGS ACT, CODIFIED AS CHAPTER 551 OF THE GOVERNMENT CODE. No final action, decision, or vote with regard to any matter considered in closed session shall be made in the absence of further notice issued in accordance with Chapter 551 of the Government Code.
Continued to Feb 19 Work Session. No Action Taken

(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.


ADDENDUM TO AGENDA

Wednesday, February 18, 1998

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

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



Item 43.   Docket No. 98-0131-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 American Airlines, Inc. and Rolls-Royce, Inc. in Tarrant 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. (David Duncan, Victoria Hsu)

Approve Petition and Issue Proposed Order with change, RM/BM. All Commissioners Agree


SECOND ADDENDUM TO AGENDA

Wednesday, February 18, 1998

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

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


Item 44.   Docket No. 98-0041-AGR. The Commission will consider publication of notice and the holding of a public meeting on a proposed general permit to be issued under Texas Water Code section 26.040. The proposed general permit would authorize the discharge of waste into or adjacent to waters in the state. The general permit would apply to the entire state of Texas and would authorize discharges by confined or concentrated animal feeding operations.

Approve publication and hearing, JB/BM. Modify proposed rules as recommended by commissioners and then proceed with publication and hearings, JB/BM.


OLD BUSINESS AGENDA

Wednesday, February 18, 1997

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

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


Item carried forward from Agenda of April 30, 1997 and June 24, 1997 and October 15, 1997, November 5, 1997.

Item 1.   Docket No. 95-0616-WR. Consideration of Motion of the City of Corpus Christi, et al. to amend the April 26, 1995 agreed order establishing operational procedures pertaining to special condition 5.B, Certificate of Adjudication No. 21-3214, held by the City of Corpus Christi, Nueces River Authority, and the City of Three Rivers. The motion seeks to suspend Corpus Christi's monthly fresh water pass-through requirement where its reservoir system is below 40% of total storage capacity and it has implemented Condition II of its Drought Contingency Plan.

No Action Taken (Removed from Agenda)


AGENDA

Wednesday, February 18, 1998

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

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



Item 1.   TNRCC Docket No. 96-1921-UCR; TNRCC Docket No. 96-1922-UCR; SOAH Docket No. 582-97-0128. Consideration of Administrative Law Judge's Proposal for Decision and Order concerning the application of Amer-Tex Land Development Corporation for a Certificate of Convenience and Necessity to provide water service in Wood County, Texas and a request by Lake Fork Water Supply Corporation for a Cease and Desist Order. Recommendation: Denial (ALJ: Mike Rogan)

Adopt the Proposal for Decision with change and Issue Order and deny the Cease and Desist Order, RM/BM. All Commissioners Agree

Item 2.   TNRCC Docket No. 96-1838-DIS; SOAH Docket No. 582-97-0714. Consideration of Administrative Law Judge's Proposal for Decision and Order concerning the application of Sportsman World Municipal Utility District for authority to impose standby fees in Palo Pinto County. Recommendation: Issuance (B. Ehret)

Accept Proposal for Decision and Issue Order, accept the Districts Exceptions, overrule all other exceptions, RM/BM. All Commissioners Agree