AGENDA


Thursday, May 7, 1998


TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

8:30 a.m.
Room 201S, Bldg E.
12100 Park 35 Circle


Item 1.   Docket No. 98-0441-EXE. The Commission will meet in closed session to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of the Commission's Executive Director, 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



OLD BUSINESS AGENDA

Thursday, May 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 April 8, 1998.

Item 1.   Docket No. 97-0637-MSW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Craig Penfold dba Village Oaks Mobile Home Community in Denton County; Permit No. 12667-001; 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)

No Action Required, Reposted.

Item carried forward from Agenda of April 8, and April 22, 1998.

Item 2.   Docket No. 98-0168-RUL. Consideration for amendment of 30 TAC Chapter 335, Subchapter A, Section 335.28(3); adoption of a new 30 TAC Chapter 7, Section 7.117, concerning Memorandum of Understanding (MOU) between the Railroad Commission of Texas and the Texas Natural Resource Conservation Commission; and authorization for the Executive Director to sign the MOU. If adopted, the rules would repeal the current MOU between the parties, and adopt a new MOU clarifying the jurisdiction between the agencies regarding wastes from activities associated with the exploration, development, and production of oil or gas. The proposed rules were published in the December 26, 1997 issue of the Texas Register (22 TexReg 12647, 12674, and 12682). (Hygie Reynolds) (Rule Log No. 95010-335-WS).

Approve MOU and Adopt Rules, RM/BM. All Commissioners Agree

Item carried forward from Agenda of April 22, 1998.

Item 3.   Docket No. 97-0196-MSW-E. Consideration of a Agreed Order assessing administrative penalties and requiring certain actions of the City of Dallas in Dallas County; Permit No. 62; 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. (Lisa Uselton Dyar)

Continued to May 20, 1998

Item carried forward from Agenda of April 22, 1998.

Item 4.   Docket No. 97-0969-RUL. Consideration for adoption of new 30 TAC Chapter 205, Sections 205.1-205-6, concerning general permits for waste discharges; and 30 TAC Chapter 321, Subchapter I, Section 321.141, concerning Additional Characteristics and Conditions for Controlling Certain Activities by Rule. If adopted, the rules will implement recent legislative changes and establish the procedures the commission will use to develop and issue general permits as well as the procedure to authorize discharges under the terms of any general permit. The proposed rules were published in the December 19, 1997 issue of the Texas Register (22TexReg 12418). (Tom Weber) (Rule Log No. 97151-205-WT).

Continued to May 20, 1998

Item carried forward from Agenda of April 22, 1998.

Item 5.   Docket No. 98-0284-RUL. Consideration for publication of and hearing upon a proposed amendment to 30 TAC Chapter 37, Section 37.11, concerning Definitions, and a proposed new Section 37.52, concerning Use of a Universal Financial Assurance Mechanism for Multiple Facilities and Program Areas. The new rule adds the option of a universal financial assurance mechanism for owners or operators of facilities which are authorized by rules from more than one program area. (Linda Shirck) (Rule Log No. 97167-037-WS)

Continued to May 20, 1998


MCBEE
MARQUEZ
BAKER

CONTESTED AGENDA

Thursday, May 7, 1998

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

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



    Hearing Requests

Item 1.   Docket No. 98-0379-AIR. EMPACK, INC. for renewal of Air Quality Permit No. 9081 to authorize the continued operation of three existing Storage Tanks (T-530, T-532 and T-563). The existing facility is located at 2759 Battleground Road in Deer Park, Harris County, Texas. The Commission will consider the application and the hearing requests filed on the application. (Scott Humphrey/Debra Rankin)

Deny Hearing Request and Issue Permit, RM/JB. All Commissioners Agree

Item 2.   Docket No. 98-0380-AIR. J.L. DAVIS for renewal of Air Quality Permit No. 8953 to authorize the continued operation of an existing natural gas plant. The existing facility is located 3.5 miles west of Moulton on FM 532 in Moulton, Lavaca County, Texas. The Commission will consider the application and the hearing requests filed on the application. (Scott Humphrey/Patricio Griego)

Deny Hearing Request and Issue Amendment, JB/BM. All Commissioners Agree

Superfund Administrative Orders

Item 3.   Docket No. 98-0410-SPF. Consideration of an administrative order to conduct remedial design and remedial actions at the Jerrell B. Thompson battery State Superfund Site in Phalba, Van Zandt County, Texas. (Charles Vorndran/Fay Duke)

Remand to Executive Director

Item 4.   Docket No. 98-0408-SPF. Consideration of an agreed administrative order to conduct a remedial investigation and feasibility study at the Materials Recovery Enterprises, Inc. State Superfund Site Located approximately four miles Southwest of Ovalo, Taylor County, Texas. (Charles Vorndran/Jeff Patterson)

Issue Agreed Order with changes, JB/RM. All Commissioners Agree

Item 5.   Docket No. 98-0409-SPF. Consideration of an administrative order to conduct remedial design and remedial actions at the JCS Company State Superfund Side in Phalba, Van Zandt County, Texas. (Charles Vorndran/Fay Duke)

Issue Administrative Order, with changes, RM/JB. All Commissioners Agree

Municipal Waste Discharge Enforcement Agreed Orders

Item 6.   Docket No. 97-0985-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Milford in Ellis County; Permit No. 10730-001 (expired); for municipal wastewater discharge violations pursuant to Chapter 26 of the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Karen Berryman)

Issue Agreed Order, RM/BM. All Commissioners Agree

Item 7.   Docket No. 97-0943-MWD-E. Consideration of an Agreed Order resolving an enforcement action against the City Of Keene in Johnson County; Water Quality Permit No. 10611-002; for water quality violations pursuant to the Texas Water Code 26.121 and the rules of the Texas Natural Resource Conservation Commission. (Laurie Eaves)

Issue Agreed Order, RM/BM. All Commissioners Agree

Item 8.   Docket No. 97-0818-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Dilley in Frio County; Permit No. 10404-001; for water quality violations pursuant to Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Merrilee Mears)

Issue Agreed Order, RM/BM. All Commissioners Agree

Item 9.   Docket No. 97-0409-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Oakwood in Leon County; Permit No. 10586-001 for water quality violations pursuant to the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Brian Lehmkuhle)

Continued to May 20, 1998

Item 10.   Docket No. 97-0637-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Craig Penfold dba Village Oaks Mobile Home Community in Denton County; Permit No. 12667-001; for water quality violations pursuant to Chapter 26 of the Texas Water Code, and the rule of the Texas Natural Resource Conservation Commission. (Cecily Small Gooch)

Remand to Staff
Item 11.   Docket No. 97-0938-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Bardwell in Ellis County; Water Quality Permit No. 13675-001; for water quality violations pursuant to Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Brian Lehmkuhle)

Issue Agreed Order, RM/BM. All Commissioners Agree

Item 12.   Docket No. 97-0967-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Orange County Water Control & Improvement District No. 2 in Orange County; Water Quality Permit No. 10240-001; for water quality violations pursuant to the Texas Water Code 26.121 and the rules of the Texas Natural Resource Conservation Commission. (Mary Smith)

Issue Agreed Order, RM/BM. All Commissioners Agree

Public Water Supply Enforcement Agreed Orders

Item 13.   Docket No. 97-0875-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Henry Harris dba Plaza Water Utility in Bell County; PWS No. 0140167; for drinking water supply violations pursuant to Texas Health and Safety Code and the rules of the Texas Natural Resource Conservation Commission. (Gilbert Angelle)

Issue Agreed Order, JB/RM. All Commissioners Agree

Item 14.   Docket No. 97-0783-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Pine Trails Utility Company, Incorporated in Harris County; PWS No. 1010535; for drinking water quality violations pursuant to the Texas Health and Safety Code and the rules of the Texas Natural Resource Conservation Commission. (Sabelyn Pussman)

Issue Agreed Order, JB/RM. All Commissioners Agree

Item 15.   Docket No. 97-1001-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Centerline Water Supply Corporation in Burleson County; PWS No. 0260012; 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. (Bhasker Reddi)

Issue Agreed Order, JB/RM. All Commissioners Agree

Item 16.   Docket No. 97-0228-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Flomot Water Supply Corporation in Motley County; PWS No. 1730003; for drinking water quality violations pursuant to the Texas Health and Safety Code and the rules of the Texas Natural Resource Conservation Commission. (Sabelyn Pussman)

Issue Agreed Order, JB/RM. All Commissioners Agree

Item 17.   Docket No. 97-0558-PWS-E. Consideration of an Agreed Order administrative penalties and requiring certain actions of the Hunter Ministries City of Light in Montgomery County; PWS No. 1700425; 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, JB/RM. All Commissioners Agree

Item 18.   Docket No. 97-0708-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Frio Water, Incorporated in Deaf Smith County; PWS No. 0590010; for drinking water quality violations pursuant to the Texas Health & Safety Code and the rules of the Texas Natural Resource Conservation Commission. (Sabelyn Pussman)

Issue Agreed Order, JB/RM. All Commissioners Agree

Item 19.   Docket No. 97-0878-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of B. C. Utilities, Inc. in Harris County; PWS No. 1010180; 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. (Tom Napier)

Issue Agreed Order With Changes, JB/RM. All Commissioners Agree

Item 20.   Docket No. 96-0679-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of T. C. Tubb, Dee Anderson, and Bill Davis dba Westgate Mobile Home Park in Midland County; PWS No. 1650047; for public drinking water violations pursuant to Chapter 341 of the Texas Health and Safety Code and the rules of the Texas Natural Resource Conservation Commission. (Tracy L. Harrison)

Issue Agreed Order, JB/RM. All Commissioners Agree

Item 21.   Docket No. 97-0591-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Thomas and Jean Davis d/b/a East Cedar Creek Water Supply in Leon County; PWS No. 1450019; for drinking water supply violations pursuant to the Texas Health and Safety Code Chapter 341 and the rules of the Texas Natural Resource Conservation Commission. (Terry Thompson)

Issue Agreed Order, JB/RM. All Commissioners Agree

Public Water Supply and Municipal Waste Discharge Enforcement Default Order

Item 22.   Docket Nos. 96-1710-PWS-E & 97-0062-MWD-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of John Allen Harris dba Spring Lake Mobile Home Park in Smith County; PWS No. 2120028 and TNRCC Permit No. 13712-001; for public drinking water and water quality violations pursuant to Chapter 341 of the Texas Health & Safety Code, Chapter 26 of the Texas Water Code, and the rules of the Texas Natural Resource Conservation Commission. (Booker Harrison)

Issue Default Order, RM/JB. All Commissioners Agree

Air Enforcement Agreed Orders

Item 23.   Docket No. 97-0727-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Corrugated Services, Incorporated in Kaufman County; Account No. KB-0156-B; 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. 97-0761-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Chevron U.S.A. Products Company, Inc. in El Paso County; Account No. EE-0082-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/JB. All Commissioners Agree

Item 25.   Docket No. 97-0905-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of E.I. DuPont de Nemours and Company, Incorporated, in Victoria County; Account No. VC-0008-Q; for air quality violations pursuant to the Texas Clean Air Act pursuant to Chapter 382 of the Texas Health & Safety Code and the rules of the Texas Natural Resource Conservation Commission. (Adele Noel)

Issue Agreed Order, RM/JB. All Commissioners Agree

Item 26.   Docket No. 97-0755-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Johnson Paint and Body in Tarrant County; Air Account No. TA-2966-W; 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. (Tracy Harrison)

Agreed Order, RM/JB. All Commissioners Agree

Item 27.   Docket No. 96-1896-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Tejas Alternative Energy Systems, Inc. dba Truck Shack in Harris County; Account No. HX-0981-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. (Tracy L. Harrison)

Issue Agreed Order, RM/JB. All Commissioners Agree

Miscellaneous Items

Item 28.   Docket No. 98-0417-MIS. Consideration of gifts and donations of $500.00 or more in value given to the TNRCC in the first two quarters of fiscal year 1998 and to obtain the Commissioners' approval for acceptance of gifts in accordance with the requirements outlined in SB 145, passed by the Seventy-fifth Legislature.

Approve Resolution as Recommended by Staff, BM/RM. All Commissioners Agree

Item 29.   Docket No. 98-0435-MIS. Consideration of the Executive Director's Petition requesting consideration of the Max Recycling, Inc. Audit recommending that Max Recycling, Inc. be ordered to repay the Commission sixty-eight thousand, two-hundred-eighty-nine dollars and sixty-nine cents ($68,289.69) which is the amount that the Commission overpaid Max Recycling from the Waste Tire Recycling Fund (WTRF). (Vic Ramirez/Roy Buchanan)
Continued to May 20, 1998

Authorization to Construct

Item 30.   Docket No. 98-0434-MWD. Consideration of a request by the Red River Authority of Texas for an Order authorizing construction of a wastewater treatment facility in Clay County, Texas, prior to Commission consideration of its application for an amended wastewater discharge permit. The proposed authorization to construct would not permit the discharge of any wastewater. (Chris Kadas, Firoj Vahora)

Approve Authorization to Construct, RM/JB. All Commissioners Agree

Permit Amendment and Extension of the Variance

Item 31.   Docket No. 98-0411-IWD. Application from Houston Industries Incorporated for an amendment to Permit No. 01031 without renewal of the permit term. The amendment will authorize the extension of the variance period to the existing surface water quality standards for total copper in Greens Bayou, a tributary of the Houston Ship Channel, Segment 1006 of the San Jacinto River Basin. The draft permit authorizes a discharge of metal cleaning wastewater, low volume wastewater, cooling tower blowdown, basin cleaning wastes, domestic wastewater, storm water runoff, and wastewater from the Chemical Waste Treatment System and the Cooling Tower Blowdown Treatment System via Outfall 001 at flow-variable rates; and process wastewater and storm water runoff via Outfall 002 at flow-variable rates. The applicant operates the Greens Bayou Electric Generating Station. The plant site is located adjacent to and south of U.S. Highway 90 and east of Greens Bayou, northeast of the city of Houston, Harris County, Texas. (Tom Weber/Margaret Hoffman)

Approve Amendment, RM/JB. All Commissioners Agree

Item 32.   Docket No. 98-0412-IWD. Request by Houston Industries Incorporated for an order extending a temporary variance to the existing surface water quality standards for total cooper in Greens Bayou, a tributary of the Houston Ship Channel, Segment 1006 of the San Jacinto River Basin. The extension of the variance to Permit No. 01031 will allow the Commission time to consider adoption of a site-specific standard prior to Houston Industries Incorporated having to comply with effluent limitations based on existing surface water quality standards. (Tom Weber/Margaret Hoffman)

Approve Temporary Variance with changes, RM/JB. All Commissioners Agree

Petroleum Storage Tank Enforcement Default Order

Item 33.   Docket No. 96-0361-PST-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Richard D. Davis, L.L.P. in Waller County; TNRCC ID No. 49895; for petroleum storage tank violations pursuant to Chapter 26 of the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Hodgson Eckel)

Issue Default Order, RM/BM. All Commissioners Agree

Agricultural Enforcement Default Order

Item 34.   Docket No. 97-0114-AGR-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Kees Vanderlei in Erath County; TNRCC Permit No, 03158; for water quality violations pursuant to Chapter 26 of the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Tracy L. Harrison)

Issue Default Order, BM/JB. All Commissioners Agree

Industrial Hazardous Waste Enforcement Agreed Orders

Item 35.   Docket No. 96-1669-IHW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Southern Waste Management Company, Southern Waste Management Co. Inc., Gal-Tex Investment Co., and John S. "Jack" Regan, Jr. in Dallas County; TNRCC ID No. 40383; 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, RM/BM. All Commissioners Agree

Item 36.   Docket No. 97-1012-IHW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Shell Oil Company in Harris County; Solid Waste Registration No. 30007; 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, BM/RM. All Commissioners Agree

Municipal Solid Waste Enforcement Default Order

Item 37.   Docket No. 97-0258-MSW-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Leslie Skalitsky in Colorado County; TNRCC ID No. 70252; 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. (Barbara Lazard)

Issue Default Order, BM/JB. All Commissioners Agree

Municipal Solid Waste Enforcement Agreed Order

Item 38.   Docket No. 96-0058-MSW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Safe Tire Disposal Corporation of Texas in Liberty & Ellis Counties; Registration Nos. 44109, 79507, 44104, 79504, and 29565; 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. (Paul C. Sarahan)

Issue Agreed Order, RM/JB. McBee Voted No.

Utility Matters

Item 39.   Docket No. 98-0289-UCR. Consideration of the Executive Director's request for interim rates concerning the application of JONES-OWEN COMPANY dba SOUTH SILVER CREEK I, II, III in Burnet County, Texas; CCN No.11116. (Jim Bateman/Mary Jane Ford)

Approve Executive Director's Recommendation, JB/RM. All Commissioners Agree

Item 40.   Docket No. 98-0287-UCR. Consideration of the Executive Director's request for interim rates concerning the application of COUNCIL CREEK VILLAGE, INC. in Burnet County, Texas; CCN No. 11118. (Jim Bateman/Mary Jane Ford)

Approve Executive Director's Recommendation, JB/RM. All Commissioners Agree

Rules

Item 41.   Docket No. 97-1136-RUL. Consideration for adoption of amendments to 30 TAC Chapter 50, Section 50.31, concerning Action by Executive Director; and 30 TAC Chapter 293, concerning Water Districts. If approved, these rules would update references and incorporate new requirements relating to water districts and the commission's supervision over their actions in response to recent legislative changes. The rules would also amend matters delegated to the executive director. The proposed rules were published in the January 9, 1998 issue of the Texas Register (23 TexReg 325). (Sam Jones) (Rule Log No. 97143-293-WT)

Adopt Amendments, JB/RM. All Commissioners Agree

Item 42.   Docket No. 97-0767-RUL. Consideration for adoption of amendments to 30 TAC Chapter 309, Sections 309.1-309.4 and 309.10-309.14, concerning effluent quality limitations for treated domestic sewage and the minimum standards for the location of domestic wastewater treatment facilities. If approved, the amendments would provide added flexibility to those regulated by the rule by clarifying allowances for case-by-case reviews, updating language to meet current permitting practices, and updating current domestic effluent limitations. The proposed rules were published in the December 26, 1997 issue of the Texas Register (22 TexReg 12676). (Rule Log No. 96107-309-WT) (Randall B. Wilburn)

Adopt Amendments, RM/JB. All Commissioners Agree

Item 43.   Docket No. 97-1062-RUL. Consideration for adoption of amendments to 30 TAC Chapter 106, Section 106.2, concerning Applicability, Section 106.224, concerning Aerospace Equipment and Parts Manufacturing, Section 106.321 concerning Metal Melting and Holding Furnaces, Section 106.373, concerning Refrigeration Systems, Section 106.418, concerning Printing Presses, and Section 106.454, concerning Degreasing Units, and the repeal of Section 106.222, concerning Woodworking Shops. If adopted, the amendment to Section 106.321 would expand the scope of the section to allow additional facilities to use the exemption from permitting and the amendment to Section 106.373 would improve the human health protectiveness of the section. The other amendments would correct errors of reference in the existing rule language. Section 106.222 has been replaced by a more comprehensive section and is no longer needed. The proposals was published in the January 2, 1998, issue of the Texas Register (23 TexReg 60). (Beecher Cameron) (Rule Log No. 97179-106-AI).
Continued to June 3, 1998

EXECUTIVE SESSION

Item 44.   Docket No. 98-0442-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 45.   Docket No. 98-0443-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

(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

Thursday, May 7, 1998

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

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


Item 46.   Docket No. 98-0320-IWD. Consideration to affirm, modify, or set aside Emergency Order 98-0320-IWD approved by the Commission at the April 8, 1998 agenda. The Emergency Order authorizes Mobil Oil Corporation to discharge 1.872 MGD of partially contaminated wastewater from the company’s plant manufacturing ammonium phosphate and ammonium thiosulfate fertilizer to the company’s wastewater treatment system thence to a drainage ditch, thence to the Houston Ship Channel in Segment No. 1007 of the San Jacinto River Basin. The facility is located at 2001 Jackson Road, on the south bank of the Houston Ship Channel, in the City of Pasadena in Harris County, Texas.

Affirm Order, RM/JB. McBee Voted No.

AGENDA

Thursday, May 7, 1998

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

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


Item 1.   TNRCC Docket No. 96-1815-OSI-E; SOAH Docket No. 582-97-1061. Consideration of ALJ's Proposal for Decision and Order concerning the Executive Director's Preliminary enforcement Report and Petition recommending the Commission assess administrative penalties of $2,880.00 against Donald Simpson; Brazoria County, Texas. (Recommendation: Affirm summary disposition, assess administrative penalties, and require certain actions to be undertaken by Mr. Simpson) Leslie Craven

Accept PFD and Order with changes, BM. Motion withdraw. Accept Proposal for Decision and Order, Deleting Publication Notice and Accept other changes as recommended by Administrative Law Judge, BM/JB. All Commissioners Agree


ADDENDUM TO AGENDA

Thursday, May 7, 1998

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

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


Item 2.   Docket No. 98-0392-ISW. (Permit No. SW-39097). Consideration of a Motion to Clarify Necessary Technical Data filed by TSP Development Ltd. requesting that the Commission determine whether its application for proposed Permit No. SW-39097 for a solid waste disposal facility must comply with the landfill siting ordinance (entitled Ordinance Prohibiting Solid Waste Disposal in Certain Areas of Chambers County and Providing Civil Penalties and Criminal Penalties) adopted by Chambers County on February 17, 1998, as amended April 6, 1998, in order to satisfy the Commission's technical requirements under 30 TAC Section 305.50. TSP Development Ltd. filed in October 1996 its application for the Cedar Point Industrial Landfill (CPIL), a non-hazardous industrial solid waste disposal facility, to be located in Baytown Industrial District No. 3, outside the City of Baytown, Chambers County. (Madeleine Boyer)

Affirm Executive Director's Determination that Ordinance is valid BM/JB. Marquez voted No.

Item 3.   TNRCC Docket No. 96-1634-MSW; SOAH Docket No. 582-96-1760. Consideration of Applicant’s Motion for Reconsideration and/or Motion for Rehearing filed by BMFS, Inc. concerning the Commission’s order issued March 23, 1998 denying BMFS, Inc.’s application for Permit No. MSW-2249. The Commission will also consider any replies to Applicant’s Motions. The application for Permit No. MSW-2249, if approved, would authorize the operation of a Municipal Solid Waste Type IV site in Harris County, Texas.

Deny Motion for Reconsideration/Rehearing and Variance, BM/RM. All Commissioners Agree