AGENDA

Wednesday, September 23, 1998

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

8:30 a.m.

Room 201S, Bldg E.

12100 Park 35 Circle

Item 1. Docket No. 98-1090-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
Item 2. Docket No. 98-1091-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


OLD BUSINESS AGENDA

Wednesday, September 23, 1998

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.

Room 201S, Bldg E.

12100 Park 35 Circle

Item carried forward from July 29, 1998.
Item 1. Docket No. 98-0707-IWD. Application from HALLIBURTON ENERGY SERVICES for a new permit No. 03967. The draft permit authorizes a discharge of utility wastewater (vehicle wash water and machine coolant) to an evaporation pond at a rate not to exceed a daily average flow of 140 gallons per day. The applicant operates an explosive and chemical devices manufacturing facility. The facility is located on County Road 401, approximately 1.5 miles south of the intersection of County Road 401 and State Highway 392 and 2.5 miles south of the city of Alvarado, Johnson County, Texas. The Commission will consider the application and the hearing requests that have been filed on the application. (Louis Herrin/Margaret Hoffman)
No Action Taken, Application Withdrawn
Item carried forward from Agenda of August 26, 1998.
Item 2. Docket No. 98-0898-IWD. Request by BRAZOS ELECTRIC POWER COOPERATIVE, INC. for a renewal of permit No. 01903. The permit authorizes the continuous discharge of once through cooling water via Outfall 001 at a daily average flow not to exceed 400 million gallons per day, and the intermittent discharge of low volume waste source via Outfalls 002 and 003 on a variable flow basis. The permittee operates the Randle W. Miller steam electric generating station. The plant site is located on the west shore of Lake Palo Pinto, three miles east of Farm-to-Market Road 919, approximately 11 miles north of the City of Gordon, Palo Pinto County, Texas. (Louis Herrin/Margaret Hoffman)
See item 9 and 10
Item carried forward from Agenda of August 26, 1998.
Item 3. Docket No. 98-0898-IWD. Request by BRAZOS ELECTRIC POWER COOPERATIVE, INC. for a temporary variance to the existing surface water quality standards for total aluminum in Lake Palo Pinto in Segment No. 1230 of the Brazos River Basin. The temporary variance will allow the Commission time to consider adoption of a site specific standard prior to Brazos Electric Power Cooperative, Inc. having to comply with effluent limits based on existing surface water quality standards. (Louis Herrin/Margaret Hoffman)
See item 9 and 10
Item carried forward from Agenda of August 26, 1998.
Item 4. Docket No. 98-0943-RES. Consideration of a Resolution continuing the existence of the Irrigators Advisory Council until August 31, 1999. This action will also appoint members to the Irrigators Advisory Council. (Kadas/Conrad)
See Item #35


ADDENDUM TO OLD BUSINESS AGENDA

Wednesday, September 23, 1998

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.

Room 201S, Bldg E.

12100 Park 35 Circle

Item carried forward from Agenda of September 10, 1998.
Item 5. Docket No. 98-0114-MWD-E. Consideration of an Agreed Order assessing administrative penalties of the City of West Tawakoni in Hunt County; Water Quality Permit No. 11331-001; for water quality violations pursuant to the Texas Water Code, Chapter 26, and the rules of the Texas Natural Resource Conservation Commission. (Karen Berryman)
Issue Agreed Order, JB/RM. All Commissioners Agree
Item carried forward from Agenda of September 10, 1998.
Item 6. Docket No. 97-1181-RUL. Consideration for adoption of amendments to 30 TAC Chapter 213, Subchapter A: Edwards Aquifer in Medina, Bexar, Comal, Kinney, Uvalde, Hays, Travis, and Williamson Counties and proposed new 30 TAC Chapter 213, Subchapter B, 213.20 through 213.28, concerning the Contributing Zone to the Edwards Aquifer in Medina, Bexar, Comal, Kinney, Uvalde, Hays, Travis and Williamson Counties. The amendments and new subchapter would regulate activities having the potential for polluting the Edwards Aquifer and hydrologically connected surface water by expanding the scope of regulated activities to the contributing zone of the aquifer and providing for design standards for all best management practices and measures. In addition, this adopted action constitutes the commission's review of the rules contained in 30 TAC Chapter 213, concerning the Edwards Aquifer, in accordance with the General Appropriations Act, Article IX, Rider 167, 75th Legislature, 1997. The proposal was published in the March 27, 1998 issue of the Texas Register (23 TexReg 3192). (Mary Ambrose) (Rule Log No. 97105-213-WT).
Adopt Rules with effective date of June 1, 1999, BM/JB. All Commissioners Agree


MCBEE
MARQUEZ
BAKER

CONTESTED AGENDA

Wednesday, September 23, 1998

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.

Room 201S, Bldg E.

12100 Park 35 Circle

Hearing Request
Item 1. Docket No. 98-0960-AGR. Ronald D. Hux for a permit (Proposed Permit #03971) in order to authorize the expansion and operation of an existing dairy at a maximum capacity of 400 head. The waste control facilities include two retention control structures with approximate volumes of 7.31 and 5.56 acre-feet. The permit also authorized the beneficial use of waste and wastewater on 138 acres of agricultural land located on-site. No discharge of pollutants into or adjacent to waters of the state is authorized by this permit. The facility is located approximately 11 miles east-southeast of the City of Sulphur Springs in Hopkins County, Texas near the Community of Pine Forest. The Commission will consider the application and the hearing requests filed on the application. (Catherine Nash/Kay Hricik)
Issue Permit, BM/JB. Marquez Absent for Vote
Item 2. Docket No. 98-0963-MWD. Request by FIGURE FOUR PARTNERS, LTD. for a new permit (proposed Permit No. 13951-001) to authorize a discharge of treated domestic wastewater effluent at a volume not to exceed a daily average flow of 0.60 million gallons per day. The wastewater treatment facilities are located 4200 feet west of Harlem Road and 7200 feet south of Mortin Road in Fort Bend County, Texas. The Commission will consider the application and the hearing requests that have been filed on the application. (Robert Robinson/Margaret Hoffman)
Remand to Executive Director
Item 3. Docket No. 98-0967-MWD. Request by MONTGOMERY COUNTY MUNICIPAL UTILITY DISTRICT NO. 15 for a renewal of Permit No. 11395-001 to authorize a discharge of treated domestic wastewater effluent at a volume not to exceed a daily average flow of 0.30 million gallons per day. The wastewater treatment facilities are located on Gleneagles Drive, approximately 5000 feet north of Needham Road in Montgomery County, Texas. The Commission will consider the application and the hearing requests that have been filed on the application. (Robert Robinson/Margaret Hoffman)
Remand to Executive Director
Item 4. Docket No. 98-0987-WR. Application No. 14-5434B by Garwood Irrigation Company to amend Certificate of Adjudication No. 14-5434, as amended. Applicant owns Certificate No. 14-5434, as amended which includes authorization to divert and use 168,000 acre-feet of water per annum from the Colorado River, Colorado River Basin for irrigation within applicant's service area in Colorado and Wharton Counties. In addition, 35,000 acre-feet per annum (out of the 168,000) is authorized to be used municipal and industrial purposes within the applicant's service area which extends from the Colorado to the Lavaca River Basins. Applicant seeks to amend Certificate No. 14-5434, as amended: 1) to authorize the transfer of 35,000 acre-feet per annum to the City of Corpus Christi, Nueces County, for use in the City's service area that lies in the Nueces-Rio Grande Coastal, San Antonio-Nueces Coastal and the Nueces River Basins pursuant to 11.085 of the Texas Water Code; and 2) to add a diversion point(s) for the 35,000 acre-feet diverted for municipal and industrial purposes pursuant to 11.122 of the Texas Water Code. The Commission will consider the application and the hearing requests that have been filed on the application.
Continued to October 7, 1998
Item 5. Docket No. 98-0962-MWD. Request by SPLENDORA INDEPENDENT SCHOOL DISTRICT for a new permit (proposed Permit No. 11143-002) to authorize a discharge of treated domestic wastewater effluent at a volume not to exceed a daily average flow of 0.02 million gallons per day. The wastewater treatment facility will serve Splendora Independent School District High School. The plant site will be located on 23411 Farm-to-Market Road 2090, approximately 2.67 miles northwest of the intersection of Interstate Highway 59 and Farm-to-Market Road 2090 in Montgomery County, Texas. The Commission will consider the application and the hearing requests that have been filed on the application. (Robert Robinson/Margaret Hoffman)
Remand to Executive Director
Amendment to Water Rights Permit
Item 6. Docket No. 98-1094-WR. APPLICATION NO. 14-5434C BY GARWOOD IRRIGATION COMPANY TO AMEND CERTIFICATE OF ADJUDICATION NO. 14-5434, AS AMENDED. THIS APPLICATION IS BEING REQUESTED PURSUANT TO A JULY 20, 1998 "PURCHASE AGREEMENT" BETWEEN THE APPLICANT AND THE LOWER COLORADO RIVER AUTHORITY AND PURSUANT TO TEXAS WATER CODE SECTIONS 11.122 AND 11.085. FOR COMMISSION CONSIDERATION. Applicant seeks to amend the "Garwood Remaining Right" portion of Certificate No. 14-5434, as amended, which authorizes use of not to exceed 133,000 acre-feet of water per annum from the Colorado River for irrigation in the Garwood service area in Colorado and Wharton Counties in the Colorado and Lavaca River Basins, by adding authorization to use the water for municipal and industrial purposes and allowing use of the water anywhere within Travis, Bastrop, Fayette, Colorado, Wharton and Matagorda Counties. These counties include land in the Colorado, Lavaca, Brazos and Guadalupe River Basins and in the Colorado-Lavaca and Brazos-Colorado Coastal Basins. (TSlade)
Continued to October 7, 1998
Item 7. Docket No. 98-1095-WR. PURSUANT TO SECTION 2(u) OF THE LOWER COLORADO RIVER AUTHORITY ACT, THE LOWER COLORADO RIVER AUTHORITY IS REQUESTING COMMISSION APPROVAL FOR USE OF IRRIGATION WATER BEING PURCHASED FROM GARWOOD IRRIGATION COMPANY. FOR COMMISSION CONSIDERATION. In accordance with a July 20, 1998 "Purchase Agreement" between the Garwood Irrigation Company and the Lower Colorado River Authority which will result in ownership by the Lower Colorado River Authority of irrigation rights authorized by Certificate of Adjudication No. 14-5434, as amended, the Lower Colorado River Authority is requesting Commission approval for its use of the irrigation water. (TSlade)
Continued to October 7, 1998
Authorization to Construct
Item 8. Docket No. 98-1069-MWD. Consideration of a Request by LAKE FORK RESORT, LLC, for an Order authorizing construction of a new wastewater treatment facility to serve Lake Fork Resort, LLC prior to Commission consideration of its application for a wastewater discharge permit. The proposed permit will authorize the disposal of treated domestic wastewater effluent at a volume not to exceed an average flow of 0.025 million gallons per day. The facility will be located approximately 700 feet east of Farm-to-Market Road 17 and 0.3 miles south of Farm-to-Market Road 515 in Wood County, Texas. The proposed authorization to construct would not permit the discharge of any wastewater. (Kay Hricik/Zdenek Matl)
Approve Authorization To Construct, RM/JB. All Commissioners Agree
Temporary Variance
Item 9. Docket No. 98-0898-IWD. Request by BRAZOS ELECTRIC POWER COOPERATIVE, INC. for a temporary variance to the existing surface water quality standards for total aluminum in Lake Palo Pinto in Segment No. 1230 of the Brazos River Basin. The temporary variances will allow the Commission time to consider adoption of a site specific standard prior to Brazos Electric Power Cooperative, Inc. having to comply with effluent limits based on existing surface water quality standards. (Robert Robinson/Marianne Baker)
Remand to Executive Director
Permit Renewal
Item 10. Docket No. 98-0898-IWD. Request by BRAZOS ELECTRIC POWER COOPERATIVE, INC. for a renewal of Permit No. 01903. The permit authorizes the continuous discharge of once through cooling water via Outfall 001 at a daily average flow not to exceed 400 million gallons per day, and the intermittent discharge of low volume waste sources via Outfalls 002 and 003 on a variable flow basis. The permittee operates the Randle W. Miller steam electric generating station. The plant site is located on the west shore of Lake Palo Pinto, three miles east of Farm-to-Market Road 919, approximately 11 miles north of the City of Gordon, Palo Pinto County, Texas. (Robert Robinson/Marianne Baker)
Remand to Executive Director
Temporary Order
Item 11. Docket No. 98-1042-MWD. Consideration of a request by the Texas Department of Transportation (TxDOT) for a Temporary Order authorizing the discharge of 0.3 million gallons per day (MGD), as a daily maximum, of ground water to the City of El Paso storm sewer system; thence to the Rio Grande above International Dam from a highway improvement project. TxDOT proposes to install storm water drainage to prevent area flooding. The work will include trenching and dewatering of infiltrated groundwater in two areas with previously documented groundwater contamination. (Steven Shepherd)
Remand to Executive Director
Miscellaneous
Item 12. Docket No. 98-0417-MIS. Consideration of gifts and donations of $500.00 or more in value given to the TNRCC in the last quarter of fiscal year 1998 in accordance with Senate Bill 145, which added Chapter 575 to the Government Code, concerning acceptance of gifts by certain state agencies. (T. Coronado)
Approve staff recommendation, RM/JB. All Commissioners Agree
Municipal Solid Waste Nominations and Appointments of an Elected Official
Item 13. Docket No. 98-0783-MSW. Consideration of nominations and appointment of an elected official from a municipality with a population fewer than 25,000 to the Municipal Solid Waste Management and Resource Recovery Advisory Council. (Gary W. Trim)
Continued to September 24, 1998
Public Water Supply Enforcement Agreed Order
Item 14. Docket No. 97-1168-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Alfred Haas d.b.a. Chaney Point RV Park in Wood County: PWS No. 2500050; for drinking water quality violations pursuant to the Texas Health & Safety Code, Chapter 341 and the rules of the Texas Natural Resource Conservation Commission. (Subhash Jain)
Issue Agreed Order, BM/JB. All Commissioners Agree
Industrial Waste Discharge Enforcement Agreed Order
Item 15. Docket No. 97-1123-IWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of CoGen Lyondell, Inc in Harris County; Permit No. 02845; for water quality violations pursuant to the Texas Water Code, Chapter 26, and the rules of the Texas Natural Resource Conservation Commission. (Craig Carson)
Issue Agreed Order, BM/RM. All Commissioners Agree
Agricultural Enforcement Agreed Order
Item 16. Docket No. 97-1014-AGR-E. Consideration of an Agreed Order assessing administrative penalties of James Traweek dba Jam-Dot Dairy in Erath County; Permit Number 03217; for water quality violations pursuant to the Texas Water Code, Chapter 26, and the rules of the Texas Natural Resource Conservation Commission. (Claudia Chaffin)
Issue Agreed Order, JB/BM. All Commissioners Agree
Item 17. Docket No. 97-0917-AGR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of A.B. Owens dba Liberty Valley Dairy in Erath County; TNRCC ID No. None; for dairy operation water quality violations pursuant to Chapter 26 of the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Robin Houston)
Issue Agreed Order, BM/JB. All Commissioners Agree
Air Enforcement Agreed Order
Item 18. Docket No. 98-0527-AIR-E. Consideration of an Agreed Order assessing administrative penalties of U-Haul Company #724 in El Paso County; Account No. EE-1688-M; for air quality violations pursuant to the Texas Water Code, 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 19. Docket No. 98-0078-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Odell Geer Construction Company, Incorporated in Bell County; Account No. BF-0057-I; for air quality violations pursuant to the Texas Water Code, the Texas Health and Safety Code, and the rules of the Texas Natural Resource Conservation Commission. (Suzanne Walrath)
Remand to Executive Director, BM/RM. Baker Voted Against
Item 20. Docket No. 97-1172-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of American Lumber Milling & Manufacturing, Incorporated dba Wiergate Forest Products in Newton County; Account No. NC-0008-B; for air quality violations pursuant to the Texas Water Code, the Texas Health and Safety Code, and the rules of the Texas Natural Resource Conservation Commission. (Lawrence King)
Issue Agreed Order, JB/BM. All Commissioners Agree
Item 21. Docket No. 97-0356-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Great Lakes Carbon Corporation in Jefferson County; TNRCC ID No. JE-0040-F; for air quality violations pursuant to the Texas Clean Air Act, Chapter 382 of the Texas Health & Safety Code, and the rules the Texas Natural Resource Conservation Commission. (Ali Abazari)
Issue Agreed Order, RM/JB. All Commissioners Agree
Air Enforcement Default Order
Item 22. Docket No. 98-0053-AIR-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Jim Steenbergen dba First Fitness Equipment International in Tarrant County; TNRCC ID No. TA-3593-J 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 Default Order, RM/BM. All Commissioners Agree
Petroleum Storage Tank Enforcement Agreed Order
Item 23. Docket No. 98-0234-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Amin Hajayanee in Tarrant County; Facility ID Number 0044225; for petroleum storage tank violations pursuant to the Texas Water Code, Chapter 7 and Chapter 26, and Texas Health and Safety Code, Chapter 382, and the rules of the Texas Natural Resource Conservation Commission. (Sushil Modak)
Issue Agreed Order, RM/BM. All Commissioners Agree
Item 24. Docket No. 98-0288-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of City of Arlington in Tarrant County; PST Fleet Center 0043864; for petroleum storage tank violations pursuant to the Texas Water Code, Chapter 7, and the rules of the Texas Natural Resource Conservation Commission. (Sushil Modak)
Issue Agreed Order, RM/BM. All Commissioners Agree
Municipal Waste Discharge Enforcement Agreed Order
Item 25. Docket No. 98-0096-MWD-E. Consideration of an Agreed Order assessing administrative penalties of the City of Midlothian in Ellis County; Permit No. 10348-001; for water quality violations pursuant to the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Merrilee Mears)
Issue Agreed Order, RM/BM. All Commissioners Agree
Item 26. Docket No. 98-0019-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Victor M. Ashe dba Shady Oaks Mobile Home Community & RV Park in Erath County; No TRNCC Permit Number; for water quality violations pursuant to the Texas Water Code, Chapter 26, and the rules of the Texas Natural Resource Conservation Commission. (Michael Meyer)
Issue Agreed Order, RM/BM. All Commissioners Agree
Item 27. Docket No. 97-1171-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Grapeland in Houston County; Permit No. 10181-002; for water quality violations pursuant to the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Merrilee Mears)
Issue Agreed Order, RM/BM. All Commissioners Agree
Item 28. Docket No. 98-0218-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Bill and Helen J. Williams in Johnson County; No Permit Number; for water quality violations pursuant to the Texas Water Code, Chapter 26, and the rules of the Texas Natural Resource Conservation Commission. (Pamela Campbell)
Issue Agreed Order, RM/BM. All Commissioners Agree
Item 29. Docket No. 98-0025-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Azle in Tarrant County; Permit No. 11183-003; for water quality violations pursuant to the Texas Water Code, Chapter 26, and the rules of the Texas Natural Resource Conservation Commission. (Laurie Eaves).
Issue Agreed Order, RM/BM. All Commissioners Agree
Rules
Item 30. Docket No. 98-0419-RUL. Consideration for adoption of amendments to 30 TAC Chapter 305, Subchapter C, concerning Application for Permit; and 30 TAC Chapter 335, Subchapter A, concerning Industrial Solid Waste and Municipal Hazardous Waste in General, Subchapter B, concerning Hazardous Waste Management General Provisions, Subchapter C, concerning Standards Applicable to Generators of Hazardous Waste, Subchapter D, concerning Standards Applicable to Transporters of Hazardous Waste, Subchapter E, concerning Interim Standards for Owners and Operators of Hazardous Waste Storage, Processing, or Disposal Facilities, Subchapter F, concerning Permitting Standards for Owners and Operators of Hazardous Waste Storage, Processing, or Disposal Facilities, Subchapter H, concerning Standards for the Management of Specific Wastes and Specific Types of Facilities, and Subchapter O, concerning Land Disposal Restrictions. The amendments update the commission's hazardous waste rules primarily to address changes to the federal hazardous waste regulations promulgated between July 1, 1994, and June 30, 1996. The amendments also incorporate streamlining reforms to correct errors and inconsistencies within the rules, and technical revisions to add cross-references and amend incorrect cross-references. The proposal was published in the June 19, 1998 issue of the Texas Register (23 TexReg 6388). (Ray Austin) (Rule Log No. 98008-335-WS)
Adopt Amendments, RM/JB. All Commissioners Agree
Item 31. Docket No. 98-0988-RUL. Consideration for publication of and hearing upon the proposed repeal of 30 TAC Chapter 238, concerning Water Well Drillers Rules and 30 TAC Chapter 340, concerning Licensing Requirements and Complaint Procedures for Water Well Drillers and Pump Installers. The proposed repeals would reflect the transfer of the water well drillers licensing program from the commission to the Texas Department of Licensing and Regulation. In addition, these proposed actions constitute the commission's review of rules contained in 30 TAC Chapters 238 and 340, in accordance with the General Appropriations Act, Article IX, Rider 167, 75th Legislature, 1997. (Steve Musick) (Rule Log No. 97144-238-WT)
Continued to October 7, 1998
EXECUTIVE SESSION
Item 32. Docket No. 98-1092-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. 98-1093-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, September 23, 1998

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.

Room 201S, Bldg E.

12100 Park 35 Circle

Item 34. Docket No. 98-1070-MWD. Consideration of whether to Modify, Affirm, or Set Aside an Emergency Order issued on September 3, 1998 by the TNRCC Executive Director pursuant to Tex. Water Code Ch. 5, Such. L. The Emergency Order requires certain actions of the City of Austin in Travis County, pursuant to Chapter 26 of the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission, to address an unauthorized discharge of wastewater from the Onion Creek Lift Station into Brushy Creek on July 17, 1998. (Booker Harrison)
Affirm with Correction, RM/BM. All Commissioners Agree


SECOND ADDENDUM TO AGENDA

Wednesday, September 23, 1998

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.

Room 201S, Bldg E.

12100 Park 35 Circle

Item 35. Docket No. 98-0943-RES. Consideration of a Resolution continuing the existence of the Irrigators Advisory Council until February 1, 2005, appointing members to staggered terms, and filling a currently vacant irrigator position on the Council.
Approve Resolution with changes, RM/JB. All Commissioners Agree


AGENDA

Wednesday, September 23, 1998

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

1:00 p.m.

Room 201S, Bldg E.

12100 Park 35 Circle

Item 1. TNRCC Docket No. 97-0069-PST-E; SOAH Docket No. 582-97-1498. Consideration of Administrative Law Judge's Proposal for Decision and Order against Milwhite, Inc. for alleged violations of Commission rules meant to address talc processing facilities, located near Van Horn, Culberson County, Texas.
Adopt Proposal for Decision and Issue Order with changes as recommended by Executive Director and General Counsel, RM/BM. All Commissioners Agree
Item 2. TNRCC Docket No. 97-0229-IHW-E; SOAH Docket No. 582-98-0565. Consideration of Administrative Law Judge's Proposal for Decision and Order against Max Kunz for alleged violations of storing eleven 55-gallon drums of black tar-like substance on his property located at 1881 Pine Acres Drive, Conroe, Montgomery County, Texas, without a valid permit.
Adopt Proposal for Decision and Order, JB/RM. All Commissioners Agree
Item 3. TNRCC Docket Nos. 95-1626-WR and 96-1017-WR; SOAH Docket Nos. 582-96-1213 and 582-96-1214. Consideration of Administrative Law Judge's Proposal for Decision and Order concerning the following applications: (1) Dallas County Park Cities Municipal Utility District to amend Certificate of Adjudication No. 08-2363 for authorization to change the purpose of use for up to 5,000 acre-feet per year of water currently authorized for other uses to irrigation use in Grapevine Reservoir and to add a diversion point for irrigation from the perimeter of Lake Grapevine located in the Upper Trinity River Segment of the Trinity River Basin; and (2) City of Dallas to amend Certificate of Adjudication No. 08-2458 for authorization to change the purpose of use for up to 5,000 acre-feet per year of water currently authorized for other uses to irrigation in Grapevine Reservoir located in the Upper Trinity River Segment of the Trinity River Basin. Recommendation: The Administrative Law Judge recommends that the Commission adopt the Findings of Fact and Conclusions of Law in the proposed Order attached to the PFD issuing CA No. 08-2363A to Dallas County Park Cities Municipal Utility District and issuing CA No. 08-2458C to City of Dallas. (Cynthia G. Hayes)
Remand to State Office Administrative Hearing and Instruct Executive Director to Incorporate Accounting Plan, RM/BM. All Commissioners Agree
Item 4. SOAH Docket Nos. 582-96-2219 and 582-97-0818; TNRCC Docket No.s. 96-1641-UCR and 97-0320-UCR. Consideration of application of City of Fate for Certificates of Convenience and Necessity Application of Blackland Water Supply Corporation for an amendment to Certificate of Convenience and Necessity. Recommendation: The ALJ recommends for approval of the Certificate of Convenience and Necessity sought by both parties. (Mike Rogan)
Adopt Administrative Law Judge's Proposal for Decision with changes to order and recommendation of Chairman McBee, BM/RM. All Commissioners Agree