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Hearing Requests |
| Item 1. |
Docket No. 98-1096-WEA. WEATHER MODIFICATION INC.
for a Texas weather modification permit. The application requests
authorization to conduct cloud-seeding operations within a target
area that includes the portion of Real County east of U.S. 83 and all
of the following counties: Bandera, Bexar, Blanco, Caldwell,
Comal, Guadalupe, Hays, Kendall, Kerr, Medina and Uvlade. The
operational area of the draft permit includes the following counties:
Atascosa, Burnet, Frio, Gillespie, Kimble, Llano, Real, Wilson and
Zavala. If granted, the permit will authorize weather modification
activity through December 31, 2001. Hearings were held on the
application on September 29, 1998 and October 1, 1998. The
Commission will consider the application and public comment that
was received on the application. (George Bomar/Chris Kadas) |
|
| Issue Permit with changes, BM/JB. All Commissioners Agree |
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| Item 2. |
Docket No. 98-1037-MWD. Request by LAVON COUNTRY
MEADOWS, LTD., for a new permit (proposed Permit No.
13962-001) to authorize the discharge of treated domestic
wastewater at a daily average flow not to exceed 0.02565 million
gallons per day (MGD) in the Interim I phase, 0.0513 MGD in the
Interim II phase, and 0.07695 MGD in the Final phase. The
wastewater treatment facility will serve a 114 unit mobile home
park. The plant site is located approximately 2,500 feet northwest of
the Community of Culleoka, immediately west of Farm-to-Market
Road 982 and north of the Culleoka Baptist Church in Collin
County, Texas. The Commission will consider the application and
the hearing requests that have been filed on the application. (Robert
Robinson/Margaret Hoffman) |
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| OGC Remand to ED by Letter on 10/07/98. |
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| Item 3. |
Docket No. 98-1102-MWD. WINDERMERE OAKS WATER
SUPPLY CORPORATION has applied to the Texas Natural
Resource Conservation Commission (TNRCC) for an amendment of
Permit NO. 11694-001 to increase flow (the application was
processed as a renewal since all the technical information needed for
an amendment was not completed). The permit will authorize the
disposal of treated domestic wastewater effluent at a volume not to
exceed a daily average flow of 40,000 gallons per day via irrigation
of 24 acres of land. The wastewater treatment facilities and disposal
site are located approximately 13 miles east of the intersection of
State Highway 71 and U.S. Highway 281 in Burnet County, Texas.
The Commission will consider the application and the hearing
requests that have been filed on the application. (Robert
Robinson/Margaret Hoffman) |
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| OGC Continued to 11/04/98 agenda |
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| Item 4. |
Docket No. 98-1099-IWD. Application from HEREFORD
BI-PRODUCTS, INC. for an amendment to Permit No. 01300 to
increase the daily average flow to the evaporation ponds from
100,000 gallons per day to 800,000 gallons per day and to increase
the effluent limitation for Biochemical Oxygen Demand (5-day)
from 50 mg/l to 300 mg/l. The draft permit authorizes a discharge
of process wastewater to evaporation ponds at a rate not to exceed a
daily average flow of 350,000 gallons per day for rendering, pet
food production and rawhide production, and not to exceed a daily
flow of 3,280 gallons per day for hide curing. The draft permit
authorizes a daily maximum Biochemical Oxygen Demand (5-day)
limit of 250 mg/l. The applicant operates rendering plant that
produces pet food, rawhide and cured hides. The facility is located
3.5 miles southwest of the City of Hereford on Highway 60, 4.2
miles southwest of the intersection of Highway 385 and Highway
60, and 3.5 miles northeast of the intersection of Farm to Market
Road 1057 and Highway 60, Deaf Smith County, Texas. The
Commission will consider the application and the hearing requests
that have been filed on the application. (Robert Robinson/Marianne
Baker) |
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| OGC Remand to ED per 10/07/98 letter |
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| Item 5. |
Docket No. 98-1140-AIR. Shell Oil Company for Air Quality
Permit Nos. 37206 and PSD-TX-896 to construct a Phnel/Acetone
Plant Steam Boiler. The location of the proposed 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. (Kerri Rowland/Erik Henderson) |
|
| Deny Hearing and Grant Permit, RM/BM. All Commissioners Agree |
|
| Item 6. |
Docket No. 98-0993-AIR. TXI Operations, Inc. for a renewal and
amendment to Air Quality Permit No. 1360A. The renewal is to
continue operation of for Four Wet Process Cement Kilns. The
amendment is for authorization to construct a new dry process
cement kiln. The location of the existing facility is located at 245
Ward Road in Midlothian, Ellis County, Texas. The Commission
will consider the application and the hearing requests that have been
filed on the application. (Scott Humphrey/Paul Decuitiis) |
|
| OGC Continued to 11/04/98 agenda |
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District Matters |
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| Item 7. |
Docket No. 98-0700-DIS. Consideration of a Proposed Order
Approving the Petition of a Landowner for Dissolution of Pine
Forest Public Utility District of Harris County. The Petitioner
requests that the Commission dissolve the district pursuant to
V.T.C.A., Water Code Section 49.321-49.327. (TNRCC Internal
Control No. 042298-D02; Cindy Cartwright) |
|
| Approve Petition for Dissolution, JB/RM. All Commissioners Agree |
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| Item 8. |
Docket No. 98-0701-DIS. Consideration of a Proposed Order
Approving the Petition of a Landowner for Dissolution of Glen
Hollow Public Utility District of Harris County. The Petitioner
requests that the Commission dissolve the district pursuant to
V.T.C.A., Water Code Sections 49.321-49.327. (TNRCC Internal
Control No. 042298-D01; Cindy Cartwright). |
|
| Approve Petition for Dissolution, JB/RM. All Commissioners Agree |
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Resolution |
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| Item 9. |
Docket No. 98-1184-RES. Commission consideration of a letter
commending professor Colleen Leary for her devoted service to the
Weather Modification Advisory Committee. Commission
consideration of the appointment of Doctor Jerry Jurica as Science
Member to the Commission's Weather Modification Advisory
Committee. (Jim Bateman) |
|
| OGC continued to 11/04/98 agenda, No Action Required, item being reposted for
Nov 4, 1998. |
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|
Industrial Waste Discharge Enforcement Agreed Orders |
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| Item 10. |
Docket No. 98-0130-IWD-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of
the LaFarge Corporation in Dallas County; Permit No. 01730; for
water quality violations pursuant to the Texas Water Code, Chapters
7 and 26, and the rules of the Texas Natural Resource Conservation
Commission. (Michael Meyer) |
|
| Issue Agreed Order, BM/JB. Marquez voted No. |
|
| Item 11. |
Docket No. 98-0193-IWD-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of
Texas A&M University in Brazos County; Permit No. 02836; for
water quality violations, as well as petroleum storage tank, public
health service, industrial solid waste, and waste treatment fee
violations, pursuant to the Texas Health & Safety Code, Chapters
341 and 361, the Texas Water Code, Chapter 26, and the rules of the
Texas Natural Resource Conservation Commission. (Karen
Berryman) |
|
| Issue Agreed Order, BM/JB. All Commissioners Agree |
|
|
Edwards Aquifer Enforcement Agreed Orders |
|
| Item 12. |
Docket No. 98-0030-EAQ-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of
Ron and Cheryl McGlothlin; Hays County; No TNRCC Permit; for
water quality violations pursuant to the Texas Water Code, Chapter
7, and the rules of the Texas Natural Resource Conservation
Commission. (Laurie Eaves) |
|
| Issue Agreed Order, JB/RM. All Commissioners Agree |
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| Item 13. |
Docket No. 98-0353-EAQ-E. Consideration of an Agreed Order
assessing administrative penalties of Hill Country Bible Church;
Travis County; No TNRCC Permit; for water quality violations
pursuant to the Texas Water Code, Chapters 7 and 26, and the rules
of the Texas Natural Resource Conservation Commission. (Laurie
Eaves) |
|
| Issue Agreed Order, JB/RM. All Commissioners Agree |
|
|
Public Water Supply Enforcement Agreed Order |
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| Item 14. |
Docket No. 97-0888-PWS-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of
Maverick County; PWS No. 1620003; for drinking water violations
pursuant to Chapter 341 of the Texas Health and Safety Code, and
the rules of the Texas Natural Resource Conservation Commission.
(Terry Thompson) |
|
| Issue Agreed Order, RM/JB. All Commissioners Agree |
|
|
Municipal Waste Discharge Enforcement Agreed Order |
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| Item 15. |
Docket No. 98-0213-MWD-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of
the City of Sanger in Denton County; Permit No. 10271-001; for
water quality violations pursuant to the Texas Water Code, Chapters
7 and 26, and the rules of the Texas Natural Resource Conservation
Commission. (Laurie Eaves) |
|
| Issue Agreed Order, RM/BM. All Commissioners Agree |
|
|
Air Enforcement Agreed Orders |
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| Item 16. |
Docket No. 98-0121-AIR-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of
Hsuan Yu dba Ted's Auto in Dallas County; Account No.
DB-4830-Q; for air quality violations pursuant to the Texas Clean
Air Act, Texas Health & Safety Code, Chapter 382, Texas Water
Code, Chapter 7, and the rules of the Texas Natural Resource
Conservation Commission. (Sheila Smith) |
|
| Issue Agreed Order, RM/JB. All Commissioners Agree |
|
| Item 17. |
Docket No. 98-0526-AIR-E. Consideration of an Agreed Order
assessing administrative penalties of Prime Services dba Prime
Equipment in El Paso County; Account No. EE-1153-K; for air
quality violations pursuant to the Texas Clean Air Act, Texas Health
& Safety Code, Chapter 382, Texas Water Code, Chapter 7, and the
rules of the Texas Natural Resource Conservation Commission.
(Stacey Young) |
|
| Issue Agreed Order, RM/JB. All Commissioners Agree |
|
| Item 18. |
Docket No. 98-0120-AIR-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of
Ramez Nour dba Kwik Kar Lube and Tune in Dallas County;
Account No. DB-4829-B; for air quality violations pursuant to the
Texas Clean Air Act, Texas Health & Safety Code, Chapter 382,
Texas Water Code, Chapter 7, and the rules of the Texas Natural
Resource Conservation Commission. (Sheila Smith) |
|
| Issue Agreed Order, RM/JB. All Commissioners Agree |
|
| Item 19. |
Docket No. 98-0178-AIR-E. Consideration of an Agreed Order
assessing administrative penalties of Mr. Ernesto Hernandez dba
Paisano Truck Stop in El Paso County; Account No. EE-1054-N;
for air quality violations pursuant to the Texas Clean Air Act, Texas
Health & Safety Code, Chapter 382, Texas Water Code, Chapter 7,
and the rules of the Texas Natural Resource Conservation
Commission. (Lawrence King) |
|
| Issue Agreed Order, RM/JB. All Commissioners Agree |
|
| Item 20. |
Docket No. 98-0697-AIR-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of
Henry Company in Harris County; Account No. HX-1667-A; for air
quality violations pursuant to the Texas Clean Air Act, Texas Health
& Safety, Chapter 382, Texas Water Code, Chapter 7, and the rules
of the Texas Natural Resource Conservation Commission. (Miriam
Hall) |
|
| Issue Agreed Order, RM/JB. All Commissioners Agree |
|
| Item 21. |
Docket No. 98-0568-AIR-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of
John Rafizadeh dba JR's Auto Repair in Dallas County; Account
No. DB-4768-T; for air quality violations pursuant to the Texas
Clean Air Act, Texas Health & Safety Code, Chapter 382, Texas
Water Code, Chapter 7, and the rules of the Texas Natural Resource
Conservation Commission. (Carl Schnitz) |
|
| Issue Agreed Order, RM/JB. All Commissioners Agree |
|
|
Irrigators Enforcement Agreed Order |
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| Item 22. |
Docket No. 97-0434-LII-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of
Mr. Garrett Scales in Harris County; Not Licensed; for irrigator
licensing violations pursuant to Texas Water Code, Chapter 34, and
the rules of the Texas Natural Resource Conservation Commission.
(Karen Berryman) |
|
| Issue Agreed Order, BM/RM. All Commissioners Agree |
|
|
Municipal Solid Waste Enforcement Default Order |
|
| Item 23. |
Docket No. 97-0391-MSW-E. Consideration of a Default Order
assessing administrative penalties against Scrap Tire Recycling, Inc.
in Harris County;TNRCC ID No. 44096;for municipal solid waste
violations pursuant to the Texas Solid Waste Disposal Act, Chapter
361 of the Texas Health & Safety Code, and the rules of the Texas
Natural Resource Conservation Commission. (Mary R. Risner) |
|
| Issue Default Order, RM/JB. All Commissioners Agree |
|
|
Municipal Solid Waste Enforcement Agreed Order |
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| Item 24. |
Docket No. 97-0064-MSW-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of
City of Del Rio in Val Verde County; municipal solid waste landfill
207A; for municipal solid waste violations pursuant to the Texas
Solid Waste Disposal Act, Texas Health & Safety Code, Chapter
361, and the rules of the Texas Natural Resource Conservation
Commission. (Carol Piza) |
|
| Issue Agreed Order, RM/JB. All Commissioners Agree |
|
|
Public Water Supply Enforcement Agreed Order |
|
| Item 25. |
Docket No. 98-0221-PWS-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of
Dallas County Water Control and Improvement District #6 in Dallas
County; PWS No. 0570032; for drinking water quality violations
pursuant to the Texas Health and Safety Code, Chapter 341, and the
rules of the Texas Natural Resource Conservation Commission.
(Sandy VanCleave) |
|
| Issue Agreed Order, RM/JB. All Commissioners Agree |
|
|
Petroleum Storage Tank Enforcement Agreed Orders |
|
| Item 26. |
Docket No. 97-1011-PST-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of
D&D International, Incorporated in Harris County;TNRCC ID No.
35350;for petroleum storage tank violations pursuant to Chapter 26
of the Texas Water Code, Chapter 382 of the Texas Health and
Safety Code and the rules of the Texas Natural Resource
Conservation Commission. (Ali Abazari) |
|
| Issue Agreed Order, RM/JB. All Commissioners Agree |
|
| Item 27. |
Docket No. 97-1147-PST-E. Consideration of an Agreed Order
resolving an enforcement action against and requiring certain
actions of Ms. Linda Williams in Wise County; Unregistered PST
facility; for petroleum storage tank violations pursuant to the Texas
Water Code, Chapter 26 and the rules of the Texas Natural Resource
Conservation Commission. (Cameron Lopez) |
|
| Issue Agreed Order, RM/JB. All Commissioners Agree |
|
| Item 28. |
Docket No. 97-1071-PST-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of El
Paso - Los Angeles Limousine Express in El Paso County; Facility
ID Number 0011846; for petroleum storage tank violations pursuant
to the Texas Water Code and the rules of the Texas Natural
Resource Conservation Commission. (Rebecca Cervantes) |
|
| Issue Agreed Order, RM/JB. All Commissioners Agree |
|
|
Agricultural Enforcement Agreed Order |
|
| Item 29. |
Docket No. 97-0902-AGR-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of
Calvin Pareo dba Pareo Dairy in Erath County;TNRCC ID No.
11708;for water quality violations pursuant to Chapter 26 of the
Texas Water Code and the rules of the Texas Natural Resource
Conservation Commission. (Kathy Keils) |
|
| Issue Agreed Order, JB/RM. All Commissioners Agree |
|
|
Agricultural Enforcement Default Order |
|
| Item 30. |
Docket No. 97-0916-AGR-E. Consideration of a Default Order
assessing administrative penalties and requiring certain actions of
Jack Miller in Johnson County;TRNCC ID No. None;for water
quality 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, BM/RM. All Commissioners Agree |
|
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Municipal Waste Discharge Authorizations to Construct |
|
| Item 31. |
Docket No. 98-1229-MWD. Consideration of a request by the
CITY OF TERRELL for an Order authorizing construction of a
chlorination disinfection system in its wastewater treatment facility
in Kaufman County, Texas, prior to Commission consideration of
its application for renewal of its wastewater discharge permit
pursuant to sections 26.019 and 26.027(c) of the Texas Water Code.
The proposed authorization to construct would not permit the use of
the newly constructed chlorination disinfection system. (Monique
Norman, Mark Sullivan) |
|
| Approve Authorization to Construct, BM/RM. All Commissioners Agree |
|
| Item 32. |
Docket No. 98-1234-MWD. Consideration of a request by the
CITY OF PEARLAND to construct a wastewater treatment facility.
Pearland has applied for a wastewater discharge permit and public
notice of its draft permit was published on August 12, 1998 and no
comments or requests for public hearing were received. The plant
site will be located approximately 0.25 miles east and 1 mile north
of the intersection of County Road 101 (Bailey Road) and County
Road 103 (Harkey Road) in the City of Pearland in Brazoria
County, Texas. (Steve Shepherd) |
|
| Approve Authorization to Construct, RM/BM. All Commissioners Agree |
|
|
EXECUTIVE SESSION |
|
| Item 33. |
Docket No. 98-1156-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 34. |
Docket No. 98-1157-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 |
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| Item 35. |
Docket No. 98-1210-EXE. The Commission will meet in closed
session to deliberate the appointment, employment, evaluation,
reassignment, duties, discipline, or dismissal of the Commission's
Chief Clerk 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 |
|
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(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.) |
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|
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. |
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