AGENDA



Wednesday, June 17, 1998

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

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


Item 1.   Docket No. 98-0638-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

Wednesday, June 17, 1998

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

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


Item carried forward from Agenda of May 20, 1998.

Item 1.   Docket No. 98-0418-RUL. Consideration for publication of, and hearing upon, a proposed new 30 TAC Chapter 35, concerning Emergency and Temporary Orders and Permits; Temporary Suspension or Amendment of Permit Conditions and revisions to the State Implementation Plan; and for publication of, and hearing upon, proposed amendments to 30 TAC Chapter 116, concerning Control of Air Pollution by Permits for New Construction or Modification and revisions to the State Implementation Plan; 30 TAC Chapter 291, concerning Water Rates; 30 TAC Chapter 297, concerning Water Rights, Substantive; 30 TAC Chapter 305, concerning Consolidated Permits; 30 TAC Chapter 321, concerning Control of Certain Activities by Rule; and 30 TAC Chapter 334, concerning Underground and Aboveground Storage Tanks. The primary purpose of the new chapter and proposed amendments is to consolidate the commission rules concerning emergency and temporary orders. This action is part of the commission's implementation of Senate Bills 1 and 1876, 75th Legislature, 1997. (Robin Smith) (Rule Log No. 97142-035-AD).

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

Item carried forward from Agenda of May 20, 1998.

Item 2.   Docket No. 98-0196-RUL Consideration for publication of, and hearing upon, the proposed repeal of 30 TAC Chapter 317, concerning Design Criteria for Sewerage Systems; and a proposed new 30 TAC Chapter 217, concerning Design Criteria for Sewerage Systems. If approved, the proposed rules would establish new and clearer requirements related to the engineering design criteria for sewage treatment systems and facilities that will collect, transport, treat, or dispose of wastewater. In addition, this proposed action constitutes the commission's review of the rules contained in 30 TAC Chapter 217, concerning Design Criteria for Sewerage Systems, in accordance with the General Appropriations Act, Article IX, Section 167, 75th Legislature, 1997. (Tom Weber) (Rule Log No. 95100-317-WT).

Continued to Jul 1, 1998

Item carried forward from Agenda of May 7, 1998 and June 3, 1998.

Item 3.   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).
See Item 29


MCBEE
MARQUEZ
BAKER

CONTESTED AGENDA


Wednesday, June 17, 1998

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

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


Hearing Request

Item 1.   Docket No. 98-0440-WR. COUNTY OF NACOGDOCHES (LAKE NACONICHE) for Application No. 5585 for a permit to authorize the construction of a 9,072 acre-foot reservoir with a normal operating elevation of 348.0 mean sea level on the Naconiche Creek, tributary of Attoyac Bayou, tributary of the Angelina River, tributary of Neches River, Neches River Basin. The applicant is requesting that the impounded waters be used for flood control and recreation purposes in Nacogdoches County, approximately 13 miles northeast of Nacogdoches, Texas. No diversion of waters from the reservoir is requested. The Commission will consider the application and the hearing requests filed on the application. (Jim Bateman/Terry Slade)

Deny Hearing Request, JB/RM. All Commissioners Agree to Denial of Hearing Request Only. Continue until Jul 1, 1998, BM/RM. All Agree

Item 2.   Docket No. 98-0530-AIR. SHELL OIL COMPANY for an amendment to Air Quality Permit No. 3179 to modify a Phenol Acetone Plant. The location of the existing facility is 5900 Highway 225 in Deer Park, Harris County, Texas. The Commission will consider the application and the hearing requests filed on the application. (Maria Sanchez/Jerry Rutledge)

Deny Hearing Request and Issue Amendment to Air Quality Permit, RM/JB. All Commissioners Agree

Item 3.   Docket No. 98-0549-SLG. REYNOLDS METALS COMPANY, for Permit 03966, for land application of domestic wastewater treatment plant sludge. Domestic wastewater treatment plant sludge will be land applied at a rate of 440 Metric Tons per year (dry weight basis), to approximately 457 acres of closed bauxite tailing beds to establish vegetation. Domestic sewage sludge from various sources will be either trucked or piped to an on-site unloading area. after arrival at the sludge unloading area, the sludge will be pumped through a series of pipes to a perforated drainage pipe and allowed to flow across the disposal area. The leachate from the bauxite tailing beds is allowed to migrate through a drainage system and ultimately flow into an on-site liquor pond the water will be reused as process water for the Reynolds Metals Company Plant. Surface runoff will be contained by external dikes surrounding the sludge disposal area. No discharge of pollutants into waters in the State is authorized by the permit. The facility is located on the south side of State Highway 361, adjacent to its intersection with State Highway 35, approximately one mile southeast of the City of Gregory, in San Patricio County, Texas. The Commission will consider the application and the hearing requests that have been filed on the application. (Margaret Hoffman/Craig Pritzlaff)

Continued to July 1, 1998

Item 4.   Docket No. 98-0535-MWD. Request by the Town of Bayside for a new permit (proposed Permit No. 13892-001) to authorize a discharge of treated domestic wastewater effluent at a volume not to exceed a daily average flow of 0.0642 million gallons per day. The wastewater treatment facility will serve the entire Town of Bayside. The plant site is located between Autry Road and Vega Road approximately 1.1 miles southwest of the intersection of 3rd Street and State Route 136 in Refugio County, Texas. The Commission will consider the application and the hearing requests that have been filed on the application. (Louis Herrin/Margaret Hoffman)

Remand to Executive Director

Item 5.   Docket No. 98-0541-MWD. Request by PAUL W. KELLER for a new permit (proposed Permit No. 13902-001) to authorize the treatment and disposal of domestic wastewater effluent at a daily average flow of 22,400 gallon per day (gpd) in the interim phase and 33,364 gpd in the final phase. Disposal will be via recycle/reuse of 4766 gpd for toilet flush water, 9700 gpd for subsurface drip irrigation of 0.75 acres of formal landscape plantings, and all other flows to subsurface drip irrigation of two absorption fields totaling 4.3 acres of land which will be maintained in a natural state. Application rates shall not exceed 0.13 gallons per square foot per day. The Westlake Center Wastewater Treatment Facility will serve a restaurant, hotel and office complex. The wastewater treatment facilities and disposal site are located at 6304 Bee Cave Road approximately 1250 feet northwest of the intersection of Ranch-to-Market Road 2244 (Bee Cave Road) and State Highway Loop 360 (Capital of Texas Highway) in Travis County, Texas. The Commission will consider the application and the hearing requests that have been filed on the application. (Louis Herrin/Margaret Hoffman)

Remand to Executive Director

Item 6.   Docket No. 98-0532-MWD. Request by HAMSHIRE-FANNETT INDEPENDENT SCHOOL DISTRICT for a new permit (proposed Permit No. 12098-003) to authorize a discharge of treated domestic wastewater effluent at a volume not to exceed a daily average flow of 0.056 million gallons per day. The wastewater treatment facility will serve Hamshire-Fannett ISD. The plant site is located approximately 0.6 miles north of Hamshire High School; 6,200 feet southeast of Interstate Highway 10 crossing of South Fork of Taylor Bayou; 7,500 feet east-southeast of the intersection of Interstate Highway 10 and W. Hamshire Road in Jefferson County, Texas. The Commission will consider the application and the hearing requests that have been filed on the application. (Louis Herrin/Margaret Hoffman)

Grant Hearing Request of Humphries. Forward to ADR for 4 to 6 weeks and if mediation fails forward to State Office Administrative Hearings, JB/RM. All Commissioners Agree

Item 7.   Docket No. 98-0531-IWD. Application from TENASKA FRONTIER PARTNERS, LTD. for a new permit, Permit No. 03996, which would authorize the disposal of cooling tower blowdown, boiler blowdown, reverse osmosis reject water, water treatment filter backwash, and low volume waste sources by irrigation at a daily average flow rate not to exceed 1.0 million gallons. The applicant proposes to operate a gas-fired electric generating plant. The facility is located on the south side of Highway 30 approximately two miles southwest of the city of Shiro, Grimes County, Texas. The Commission will consider the application and the hearing requests that have been filed on the application. (Louis Herrin/Margaret Hoffman)

Deny Hearing Request and Issue Permit, RM. Dies for lack of second. Grant Hearing Request of Mrs. Dunaway, on Ground Water Issue Only, BM/JB. All Commissioners Agree

Air Enforcement Agreed Orders

Item 8.   Docket No. 97-1024-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Merichem Company and Merichem-Sasol USA LLC in Harris County; Account No. HG-0486-G; 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, JB/BM. All Commissioners Agree

Item 9.   Docket No. 97-1130-AIR-E. Consideration of an Agreed Order assessing administrative penalties of H & B Contractors, Incorporated in McLennan County; Account No. MB-0055-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. (Suzanne Walrath)

Issue Agreed Order, JB/BM. All Commissioners Agree

Item 10.   Docket No. 97-1151-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Albuquerque Auto Wholesale in El Paso County; Account No. EE-1257-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. (Stacey Young)

Issue Agreed Order, JB/BM. All Commissioners Agree

Item 11.   Docket No. 97-1109-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of U.S. Rentals, Incorporated in El Paso County, Account No. EE-1203-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. (Stacey Young)

Issue Agreed Order, JB/BM. All Commissioners Agree

Item 12.   Docket No. 96-1392-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Venus Marble Company in Dallas County; TNRCC ID No. DB-1624-T; 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. (Cecily Small Gooch)

Issue Agreed Order, JB/BM. All Commissioners Agree

Item 13.   Docket No. 97-0935-AIR-E. Consideration of an Agreed Order assessing administrative penalties of Shintech Inc. in Brazoria County; Account No. BL-0051-F; for air quality violations pursuant to the Texas Clean Air Act, Chapter 382 of the Texas Health and Safety Code, and the rules of the Texas Natural Resource Conservation Commission. (Miriam Hall)

Issue Agreed Order, JB/BM. All Commissioners Agree

Air Enforcement Default Order

Item 14.   Docket No. 97-0945-AIR-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of VT Auto Sales in Harris County; TNRCC ID No. HX1533-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. (Cecily Small Gooch)

Issue Default Order, JB/BM. All Commissioners Agree

Industrial Hazardous Waste Enforcement Agreed Orders

Item 15.   Docket No. 95-1431-IHW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Bailey Metal Processors, Inc. in McCulloch County; TNRCC ID No. 80049; for industrial and hazardous waste violations to Texas Solid Waste Disposal Act, Chapter 361 of the Texas Health & Safety Code, Chapter 26 of the Texas Water Code, and the rules of the Texas Natural Resource Conservation Commission. (Kara Salmanson)

Issue Agreed Order, RM/JB. All Commissioners Agree

Item 16.   Docket No. 97-0592-IHW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Brite-Sol Services, Inc. in Harris County; SWR No. 31044; 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 on the Texas Natural Resource Conservation Commission. (Kara Salmanson)

Issue Agreed Order, RM/JB. All Commissioners Agree

Item 17.   Docket No. 97-1042-IHW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of East Texas Plating Company in Henderson County; Solid Waste Registration No. 75060; for industrial & hazardous waste violations pursuant to the Texas Solid Waste Disposal Act, Texas Health & Safety Code, Chapter 361 and the Texas Water Code Chapter 26, and the rules of the Texas Natural Resource Conservation Commission. (Anne Rhyne)

Issue Agreed Order, RM/JB. All Commissioners Agree

Petroleum Storage Tank Default Order

Item 18.   Docket No. 97-0438-PST-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Baylis E. Harris Jr. in Guadalupe County; TNRCC ID No. 16332; for petroleum storage tank violations pursuant to Chapter 26 of the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (John Peeler)

Issue Default Order, RM/JB. All Commissioners Agree

Petroleum Storage Tank Agreed Order

Item 19.   Docket No. 97-0910-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Segovia Enterprises, Inc. in Kimble County; PST Facility ID Number 0048709; for petroleum storage tank violations pursuant to the Texas Water Code, Chapter 26, and the rules of the Texas Natural Resource Conservation Commission. (Randy Norwood)

Issue Agreed Order, BM/JB. All Commissioners Agree

Public Water Supply Enforcement Agreed Order

Item 20.   Docket No. 97-0145-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Comal County Fresh Water Supply District #1 in Comal County; PWS No. 0460164; 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. (Guy Henry)

Issue Agreed Order, RM/BM. All Commissioners Agree
Industrial Waste Discharge Enforcement Agreed Order

Item 21.   Docket No. 98-0146-IWD-E. Consideration of an Agreed Order requiring certain actions of Fish Ranches of Texas, Ltd. in Brazoria County; Account Nos. 0104722 and 0608911; for violations pursuant to Chapter 26 of the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Mary R. Risner)

Issue Agreed Order, RM/JB. All Commissioners Agree

Municipal Waste Discharge Enforcement Agreed Order

Item 22.   Docket No. 97-0444-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Windy Hill Utilities, Inc. in Harris County; TNRCC Permit No. 11762-001; for violations pursuant to Chapter 26 of the Texas Water Code, and the rules of the Texas Natural Resource Conservation Commission. (Booker Harrison)

Issue Agreed Order, RM/JB. All Commissioners Agree

Multi Media Enforcement Order

Item 23.   Docket No. 98-0637-MLM-E. Consideration of the application of C&P Utilities, Inc. to acquire facilities from Windy Hill Utilities, Inc. and to Transfer Water and Sewer CCN Nos. 12085 and 20658 in Harris, Chambers and Liberty Counties, Texas. (Application Nos. 31928-S and 31929) (Booker Harrison and Michelle Abrams)

Remand to Executive Director

Authorization to Construct

Item 24.   Docket No. 98-0620-MWD. Consideration of a Request by FKP, Inc. for an Order authorizing construction of a wastewater treatment facility in Harris County, Texas, prior to Commission consideration of its application for a wastewater discharge permit. The proposed authorization would not permit the discharge of any wastewater. (Emily Rogers, Chris Linendoll)

Issue Order with changes, JB/BM. All Commissioners Agree

Temporary Authorization

Item 25.   Docket No. 98-0557-IHW. Consideration of an application by Eastman Chemical Company, Texas Eastman Division, Inc. for a Temporary Authorization to allow operation of its Fluid Bed Incinerator authorized by Permit No. HW-50043 under modified operation conditions during pre-trial burn testing for a period of time not to exceed 720 hours and during trial burn testing. The application request authorization to increase the maximum chloride waste feed rate from 13.3 lb/hr to 20 lb/hr; to increase the maximum total waste feed rate from 13,141 lb/hr to 16,000 lb/hr; to increase the maximum total volumetric flow through the system (stack flow) from 19,457 acfm to 24,000 acfm, which corresponds to an increase in the maximum combustion gas velocity in the stack from 37.2 ft/sec to 45.9 ft/sec. The applicant operates an industrial and hazardous waste management facility located near the intersection of State Highway 149 and Estes Parkway at the end of Kodak Boulevard, on approximately 5,270 acres near the city of Longview, Harrison County, Texas. The authorization is necessary to demonstrate compliance with required performance standards in support of the Trial Burn Plan and the Part B Permit Renewal and to facilitate changes to protect human health and the environment before the Commission is likely to take action on a permit modification request and will result in improved management or treatment of hazardous waste already listed in the facility permit. The activities requested for authorization comply with the standards of 40 Code of Federal Regulations Part 264. The Temporary Authorization would terminate the earliest of either 180 days from the date of issuance of the authorization or, upon conclusion of the 720-hour pre-trial burn shakedown period and the trial burn testing period. (John Clegg/Madeleine Boyer)

Approve Temporary Authorization, RM/BM. All Commissioners Agree

Rules

Item 26.   Docket No. 98-0068-RUL. Consideration for adoption of repeals and amendments to 30 TAC Chapter 116, Subchapters A-D, F, and G, concerning Requirements for Control of Air Pollution by Permits for New Construction or Modification; and for revisions to the State Implementation Plan. If adopted, the repeals and amendments would implement the requirements of the Federal Clean Air Act, Section 112(g), 40 Code of Federal Regulations Part 63, concerning Hazardous Air Pollutants, and make general corrections and clarifications to Chapter 116. Revisions are also adopted to Subchapter B, Division 4, concerning Permit Fees. In addition, this action constitutes the commission's readoption of the rules contained in 30 TAC Chapter 116 in accordance with the General Appropriations Act, Article IX, Section 167, 75th Legislature, 1997. The proposal was published in the March 20, 1998, issue of the Texas Register (23 TexReg 2953). (Jim Dodds, Mark Gibbs) (Rule Log No. 98001-116-AI)

Approve Adoption of Repeals and Amendments, RM/BM. All Commissioners Agree

Item 27.   Docket No. 98-0528-RUL. Consideration for publication of, and hearing upon, a proposed new 30 TAC Chapter 33, concerning Consolidated Permit Processing; and for publication of, and hearing upon, proposed amendments to 30 TAC Chapter 39, concerning Public Notice. The primary purpose of the new chapter and proposed amendments is to implement the consolidated permit processing provisions of Texas Water Code, Section 5.401 et. seq. (Dan Wittliff) (Rule Log No. 97170-033-AD)

Continued to July 1, 1998

Item 28.   Docket No. 97-1038-RUL. Consideration for adoption of amendments to 30 TAC Chapter 335, Sections 335.341 through 335.351, concerning Hazardous Substance Facilities Assessment and Remediation; and for adoption of the repeal of 30 TAC Chapter 335, Section 335.352, concerning Adoption of Appendices by Reference. If adopted, the amendments and repeal would enhance the implementation of certain provisions in House Bill 2776, 75th Legislature, and streamline current assessment and remediation procedures for State Superfund sites. The proposal was published in the January 23, 1998, issue of the Texas Register (23 TexReg 515) (Michael Bame) (Rule Log No. 97155-335-WS)

Approve Adoption, BM/JB. All Commissioners Agree

Item 29.   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 proposal was published in the January 2, 1998, issue of the Texas Register (23 TexReg 60). (Beecher Cameron) (Rule Log No. 97179-106-AI)

Approve Adoption of Amendments, RM/BM. All Commissioners Agree

Item 30.   Docket No. 97-0951-RUL. Consideration for adoption of new 30 TAC Chapter 37, Sections 37.271 and 37.281, concerning Financial Assurance Mechanisms for Closure; Sections 37.371 and 37.381, concerning Wording of the Mechanisms for Closure; and Sections 37.3001 and 37.3011, concerning Financial Assurance Requirements for Scrap Tire Sites; adoption of amendments to 30 TAC Chapter 330, Section 330.601, concerning Fees and Reporting; adoption of new Sections 330.801-330.821, concerning Management of Used or Scrap Tires; and adoption of the repeal of 30 TAC Chapter 330, Sections 330.822-330.836, 330.838, and 330.840-330.889, concerning Management of Whole Used or Scrap Tires. If adopted, the new sections, amendments, and repeal would address the sunset provisions of Texas Health and Safety Code, Chapter 361, Subchapter P; address the requirements of Texas Health and Safety Code, Chapter 361, Section 361.112; and streamline certain requirements of existing rules. The proposed rules were published in the January 2, 1998, issue of the Texas Register (23 TexReg 56, 59, 70, and 72). (Debbie Bohl) (Rule Log No. 97140-330-WS)

Approve Adoption JB/BM. All Commissioners Agree

Item 31.   Docket No. 98-0615-RUL. Consideration of petition for rulemaking for amendments to 30 TAC Chapter 117, Subchapter B, Section 117.213, concerning Combustion at Existing Major Sources. If approved, the petition would allow predictive emission monitoring system quality assurance test conducted after the initial test to be postponed until after the Chapter 117 final compliance date. The staff recommendation is to approve the petition. (Randy Hamilton) (Rule Log No. 98025-117-AI).

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

EXECUTIVE SESSION

Item 32.   Docket No. 98-0639-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 33.   Docket No. 98-0640-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

Wednesday, June 17, 1998

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

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



Item 34.   The Commission will consider whether to modify, affirm, or set aside Emergency Order No. 98-0649-PWS issued to D.E. Martin dba Consumers Water in Montgomery County and Crystal Springs Water Company. The Commission approved an emergency order at it's June 3, 1998 agenda.

Approve Modification to Emergency Order, with changes, BM/RM. All Commissioners Agree


SECOND ADDENDUM TO AGENDA

Wednesday, June 17, 1998

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

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


Item 35.   Docket No. 98-0686-MIS. Consideration of Commission resolution concerning implementation of the Commission's Combustion Strategy (TNRCC Combustion Strategy, April 1997). The proposed resolution addresses the review and approval by the Commission's Executive Director of trial burn plans and authorization to conduct trial burns for combustion facilities in permit renewal.

Approve Resolution, RM/JB. All Commissioners Agree


OLD BUSINESS AGENDA

Wednesday, June 17, 1998

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

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


Item carried forward from Agenda of April 8, 1998 and May 20, 1998.


Item 1.   Docket No. 98-0237-WR. Consideration of Application Nos. 4237 and 4237A filed by and Permit No. 4302 issued to the City of Stephenville, the City of Glen Rose, and the County of Somervell for the construction of a dam and reservoir on the Paluxy River, a tributary of the Brazos River, and the diversion or use of water from the Paluxy River for domestic, municipal or recreational purposes. Under the permit, the dam would be located in Somervell County about 3.2 miles west/northwest of Glen Rose, Texas. On January 30, 1995, the district court of Travis County, Texas, 98th Judicial District, issued an opinion and order reversing this decision and remanding the case to the Commission for further proceedings consistent with the opinion. (Robin Smith)

Continued to Jan 13, 1999


AGENDA

Wednesday, June 17, 1998

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

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



Item 1.   Docket No. 98-0405-SLG. Application by Mary Brandon for sludge registration No. 710404 authorizing the beneficial land application of domestic septage. The site is located approximately 3.5 miles southeast of Howe at the end of Mardell Lane, two miles east of Old Highway 6 and approximately two miles west of Hackberry Road in Grayson County. The Commission will consider the timely motions for reconsideration filed concerning the Executive Director’s issuance of the compost registration. The motions for reconsideration were filed under 30 TAC 50.39 and 312.13(e). The Chief Clerk mailed the approved registration on March 25, 1998. (Anthony Tatu)

Cancel Registration due to Improper Notice, JB/RM. All Commissioners Agree

Item 2.   Docket No. 96-1373-WR; SOAH Docket No. 582-97-0570. Application by the City of San Marcos for a bed and banks authorization to convey treated wastewater discharged from the City’s wastewater treatment plant two miles down the San Marcos River to a point where the water would be diverted for reuse. The Commission will consider a certified question filed by the Administrative Law Judge on April 27, 1998. The proposed conveyance is in Hays County. (Robert Martinez)

Commission has the authority to approve the Bed and Banks authorization for the City of San Marcos and find that we have authority to impose conditions on that authorization, and will not remand this to the Executive Director, but send it back to SOAH to implement this decision with respect to Certified Questions, BM/JB. All Commissioners Agree

Item 3.   TNRCC Docket No. 96-1266-PST-E; SOAH Docket No. 582-97-2137. Consideration of Administrative Law Judge's Proposal for Decision and Order concerning the Executive Director's Preliminary Enforcement Report and Petition against Jordan Wall Covering Company. Recommendation: The Administrative Law Judge recommends that the Commission assess Jordan Wall Covering administrative penalties of $2600, rather than the $3800 the Executive Director recommends and require Jordan Wall Covering to perform the corrective action that the ED recommends.

Accept Administrative Law Judges Proposal for Decison and Order, RM. Dies for Lack of Second. Accept Administrative Law Judges Proposal for Decision, but except Executive Director's recommendation concerning penalty amound, BM/JB. Marquez voted no.


ADDENDUM TO AGENDA

Wednesday, June 17, 1998

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

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


Item 4.   Docket No. 97-1063-UIC. Consideration of Motion for Rehearing filed by Kleberg County and STOP concerning the Commission's decision on the application by URI, Inc. for Production Area Authorization No. 3, Permit No. URO2827-031 (Kleberg County).

Overrule Motion for Rehearing and Motions to Strike, RM/JB. All Commissioners Agree



EMERGENCY ADDENDUM TO AGENDA

Wednesday, June 17, 1998

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

3:30 p.m.
Room 201S, Bldg E.
12100 Park 35 Circle



Item 1.   Docket No. 98-0742-AIR. Consideration of an Emergency Order requiring immediate actions of Pat Byrd and Joe Byrd Produce Co. in Zavala County, pursuant to Section 551.045 of the Texas Government Code, the Open Meetings Act, due to an imminent threat to public health and safety. Immediate Commission action is required to address ammonia releases from the facility. The Order concerns air violations of the Texas Clean Air Act, Chapter 382 of the Texas Health & Safety Code, and the rules of the Texas Natural Resource Conservation Commission.

Issue Emergency order, with changes, BM/RM. All Commissioners Agree