| Item 1. | Docket No. 1998-1154-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. 1999-0024-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 3. | Docket No. 1999-0025-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. 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 carried forward from agenda of September 27, 2000. | |
| Item 1. | Docket No. 2000-0927-BGT. Consideration of Fiscal Year 2001 Costs for Watermaster Operations in the Rio Grande Water Division. For Commission Action. Pursuant to Texas Water Code Section 11.329; and TAC Section 12.1; 12.3; 12.5 and 304.61 of the Commission Rules, the Executive Director requests that the Commission consider Watermaster costs of administration for the fiscal year beginning September 1, 2000 and ending August 31, 2001, for appropriators in the Rio Grande Water Division, which extends from Fort Quitman, Texas to the mouth of the Rio Grande River, excluding the watersheds of the Pecos and Devils Rivers; and includes that portion of the Nueces-Rio Grande Coastal Basin lying in Hidalgo, Cameron, Willacy and Starr Counties; and approve $625,000.00 as the amount to be assessed, with the assessment per account to consist of a $50.00 base charge plus a use fee and/or a storage fee calculated from the authorized acre-feet, and a penalty of 5.0% of any delinquent fee due shall be imposed on a person who fails to pay the required fee when due and if the person fails to pay the fee within 30 days after the day which the fee is due, an additional 5.0% penalty shall be imposed. Delinquent fees will accrue interest beginning on the 61st day after their due date. The yearly interest rate on all delinquent fees required under this title is the prime rate plus one percent, as published in the Wall Street Journal on the first day of each calendar year that is not a Saturday, Sunday, or legal holiday. Penalties and/or interest fees may be waived by the Executive Director for good cause. |
| Continued to October 18, 2000 | |
| Item carried forward from agenda of September 27, 2000. | |
| Item 2. | Docket No. 2000-0928-BGT. Consideration of Fiscal Year 2001 Costs for Watermaster Operations in the South Texas Water Division. For Commission Action. Pursuant to Texas Water Code Section 11.329; and TAC Section 12.1; 12.3; 12.5 and 304.61 of the Commission Rules, the Executive Director requests that the Commission consider Watermaster costs of administration for the fiscal year beginning September 1, 2000 and ending August 31, 2001, for appropriators in the South Texas Water Division, which consists of the Nueces, San Antonio, Guadalupe and Lavaca River Basins, as well as the Lavaca-Guadalupe, San Antonio-Nueces and Nueces-Rio Grande Coastal Basins, except that part of the Nueces-Rio Grande Coastal Basin in Hidalgo, Cameron, Willacy and Starr Counties, and approve $468,632.00 as the amount to be assessed, with the assessment per account to consist of a $50.00 base charge plus a use fee and/or a storage fee calculated from the authorized acre-feet, and a penalty of 5.0% of any delinquent fee due shall be imposed on a person who fails to pay the required fee when due and if the person fails to pay the fee within 30 days after the day which the fee is due, an additional 5.0% penalty shall be imposed. Delinquent fees will accrue interest beginning on the 61st day after their due date. The yearly interest rate on all delinquent fees required under this title is the prime rate plus one percent, as published in the Wall Street Journal on the first day of each calendar year that is not a Saturday, Sunday, or legal holiday. Penalties and/or interest fees may be waived by the Executive Director for good cause. |
| Continued to October 18, 2000 | |
HUSTON
MARQUEZ
BAKER
Wednesday, October 4, 2000
TEXAS NATURAL RESOURCE CONSERVATION COMMISSION
9:30 a.m.
12100 Park 35 Circle
Room 201S, Bldg. E
| HEARING REQUESTS | |
| Item 1. | Docket No. 2000-0889-AIR. Consideration of application by Chaparral Steel Midlothian L.P. for the amendment of Air Quality Permit No. 8097 to authorize the increase in size and firing rate of their existing large section mill reheat furnace. The facility is located at 300 Ward Road, Midlothian, Ellis County, Texas. The Commission will also consider requests for hearing or reconsideration; related motions, responses and replies; public comment; and the Executive Director's Response to Comments. (Earl Jones/Janis Hudson) |
| Reposted as Item #38 | |
| Item 2. | Docket No. 2000-0915-IHW. Consideration of application by Arch Chemicals, Inc., for the renewal/major amendment of Permit No. HW-50167-001. The permit renewal will authorize construction of one tank system and the continued operation of a tank system. The major amendment authorizes one industrial furnace (interim status) for the management of hazardous wastes and class 1 industrial solid waste and operating changes and updates to the contingency plan, inspection schedule, training plan, waste analysis plan, engineering report, and closure plan. The facility is located at 1400 Olin Road near State Highway 380 on approximately 23.76 acres in Beaumont, Jefferson County, Texas. The Commission will also consider hearing requests, related responses and replies, public comment and the Executive Director's Response to Comments. (Wheatley/Deering) |
| Remand to Executive Director | |
| PUBLIC WATER SUPPLY ENFORCEMENT DEFAULT ORDER | |
| Item 3. | Docket No. 1998-1308-PWS-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Conny Whitehorn dba Coronado Water Company in Deaf Smith County; TNRCC ID No. 0590009; 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. (John Sumner) |
| Remanded to Executive Director | |
| PUBLIC WATER SUPPLY ENFORCEMENT AGREED ORDERS | |
| Item 4. | Docket No. 2000-0195-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of City of Nome in Jefferson County; Public Water Supply No. 1230039; for drinking water quality violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas Natural Resource Conservation Commission. (Jaime Garza, Clint Pruett) |
| Issue Agreed Order, RM/RH. All Agree | |
| Item 5. | Docket No. 2000-0357-PWS-E. Consideration of an Agreed Order assessing administrative penalties against The Outpost, Inc. and B&L, L.L.C. dba Nannie's Biscuit and Bakery in Fayette County; Public Water Supply No. 0750035; for drinking water violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas Natural Resource Conservation Commission. (Jaime Garza, Clint Pruett) |
| Issue Agreed Order, RM/RH. All Agree | |
| Item 6. | Docket No. 2000-0214-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of South Road Water Supply Corporation in Burnet County; Public Water Supply 0270028; for drinking water violations pursuant to Tex. Health & Safety Code ch. 341, Tex. Water Code ch. 13, and the rules of the Texas Natural Resource Conservation Commission. (John Mead, Clint Pruett) |
| Issue Agreed Order, RM/RH. All Agree | |
| SLUDGE ENFORCEMENT AGREED ORDER | |
| Item 7. | Docket No. 2000-0326-SLG-E. Consideration of an Agreed Order assessing administrative penalties against U.S. Liquids of Texas, Inc. in Harrison County; Sludge Transporter Registration No. 22718; for water quality violations pursuant to Tex. Health & Safety Code ch. 361, Tex. Water Code chs. 7 and 26, and the rules of the Texas Natural Resource Conservation Commission. (David Van Soest, Clint Pruett) |
| Issue Agreed Order, RM/RH. All Agree | |
| AIR ENFORCEMENT AGREED ORDERS | |
| Item 8. | Docket No. 1999-1466-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of R B Wicker Tire & Rubber Company in El Paso County; TNRCC Air Account No. EE-1224-M; 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. (Booker Harrison) |
| Issue Agreed Order, RH/JB. All Agree | |
| Item 9. | Docket No. 1999-0887-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Ortega Construction Company, Inc., in El Paso County; TNRCC ID No. EE-1854-T; 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. (Booker Harrison) |
| Issue Agreed Order, RH/JB. All Agree | |
| Item 10. | Docket No. 2000-0387-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Mitchell Gas Services, L.P. in Nolan County; Air Account No. ND-0063-F; for air quality violations pursuant to Texas Clean Air Act, Tex. Health & Safety Code ch. 382, Tex. Water Code ch. 7, and the rules of the Texas Natural Resource Conservation Commission. (Kara Dudash, Kristi Jones) |
| Issue Agreed Order, RH/JB. All Agree | |
| Item 11. | Docket No. 2000-0455-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Boral Bricks, Incorporated in Rusk County; Air Account No. HH-0018-J; for air quality violations pursuant to Tex. Health & Safety Code ch. 382, Tex. Water Code, ch. 7, and the rules of the Texas Natural Resource Conservation Commission. (Suzanne Walrath, Kristi Jones) |
| Reposted as item #39 | |
| Item 12. | Docket No. 2000-0362-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Boral Bricks, Incorporated in Rusk County; Air Account No. RL-0010-N; for air quality violations pursuant to Tex. Health & Safety Code ch. 382, Tex. Water Code ch. 7, and the rules of the Texas Natural Resource Conservation Commission. (Suzanne Walrath, Kristi Jones) |
| Issue Agreed Order, RH/JB. All Agree | |
| Item 13. | Docket No. 2000-0359-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Borger Energy Associates L.P. in Hutchinson County; Air Account No. HW-0081-I; for air quality violations pursuant to Tex. Health & Safety Code ch. 382, Tex. Water Code ch. 7, and the rules of the Texas Natural Resource Conservation Commission. (Shawn A. Hess, Kristi Jones) |
| Issue Agreed Order, RH/JB. All Agree | |
| Item 14. | Docket No. 2000-0287-AIR-E. Consideration of an Agreed Order assessing administrative penalties against La Porte Methanol Company, L.P. in Harris County; Air Account No. HX-2302-N; for air quality violations pursuant to Texas Clean Air Act, Tex. Health & Safety Code ch. 382, Tex. Water Code ch. 7, and the rules of the Texas Natural Resource Conservation Commission. (Rohit Bali, Kristi Jones) |
| Issue Agreed Order, RH/JB. All Agree | |
| Item 15. | Docket No. 1999-1230-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Millennium Rail, Inc. in Harrison County; Account No. HH-0008-M; for air quality violations pursuant to the Texas Clean Air Act; Tex. Health & Safety Code ch. 382, Tex. Water Code ch. 7, and the rules of the Texas Natural Resource Conservation Commission. (Carolyn V. Lind, Kristi Jones) |
| Issue Agreed Order, RH/JB. All Agree | |
| Item 16. | Docket No. 2000-0263-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Mitchell Gas Services, L.P. in Coke County; Air Account No. CN-0010-D; for air quality violations pursuant to Texas Clean Air Act, Tex. Health & Safety Code ch. 382, Tex. Water Code ch. 7, and the rules of the Texas Natural Resource Conservation Commission. (Mark Newman, Kristi Jones) |
| Issue Agreed Order, RH/JB. All Agree | |
| Item 17. | Docket No. 2000-0338-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Natural Gas Pipeline Co. of America in Jefferson County; Air Account No. JE-0157-G; for air quality violations pursuant to Tex. Health & Safety Code chs. 361 and 382, Tex. Water Code ch. 7, and the rules of the Texas Natural Resource Conservation Commission. (Susan Kelly, Kristi Jones) |
| Issue Agreed Order, RH/JB. All Agree | |
| Item 18. | Docket No. 2000-0431-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Texas Crude Energy, Inc. in Nueces County; Air Account No. NE-0062-T; for air quality violations pursuant to Tex. Health & Safety Code ch. 382, Tex. Water Code ch. 7, and the rules of the Texas Natural Resource Conservation Commission. (Gary L. McDonald, Kristi Jones) |
| Issue Agreed Order, RH/JB. All Agree | |
| INDUSTRIAL HAZARDOUS WASTE ENFORCEMENT AGREED ORDER | |
| Item 19. | Docket No. 2000-0479-IHW-E. Consideration of an Agreed Order assessing administrative penalties against Sterling Chemicals Inc. in Galveston County; Solid Waste Registration No. 30285; for industrial & hazardous waste violations pursuant to Tex. Health & Safety Code ch. 361, Tex. Water Code ch. 7, and the rules of the Texas Natural Resource Conservation Commission. (Catherine Sherman, Tom Jecha) |
| Issue Agreed Order, RH/RM. All Agree | |
| INDUSTRIAL WASTE DISCHARGE ENFORCEMENT AGREED ORDER | |
| Item 20. | Docket No. 2000-0358-IWD-E. Consideration of an Agreed Order assessing administrative penalties against Stolthaven Houston, Inc. in Harris County; TPDES Permit No. 03129; for water quality violations pursuant to Tex. Water Code chs. 7 and 26, and the rules of the Texas Natural Resource Conservation Commission. (Thomas Greimel, Clint Pruett) |
| Issue Agreed Order, JB/RM. All Agree | |
| MUNICIPAL SOLID WASTE ENFORCEMENT AGREED ORDER | |
| Item 21. | Docket No. 1999-0530-MSW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Paul Keefer, Jr. in Ellis County; TNRCC ID NO. 455040097; for municipal solid waste violations pursuant to the 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. (John Sumner) |
| Issue Agreed Order, RH/JB. All Agree | |
| MUNICIPAL WASTE DISCHARGE ENFORCEMENT AGREED ORDERS | |
| Item 22. | Docket No. 2000-0514-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of KMCO, Inc. in Harris County; TPDES Permit No. 02712-000 (formerly Water Quality Permit No. 02712-000); for water quality violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Michelle Harris, Clint Pruett) |
| Issue Agreed Order, RM/JB. All Agree | |
| Item 23. | Docket No. 2000-0121-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring actions of the City of Marlin in Falls County; Water Quality Permit No. 10110-002; for water quality violations pursuant to Tex. Water Code chs. 7 and 26, Tex. Health & Safety Code ch. 341, and the rules of the Texas Natural Resource Conservation Commission. (Karen Berryman, Clint Pruett) |
| Issue Agreed Order, RM/JB. All Agree | |
| Item 24. | Docket No. 1999-0653-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Roaring Springs in Motley County; Water Quality Permit No. 10260-001; for water quality violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Brian Lehmkuhle, Clint Pruett) |
| Issue Agreed Order, RM/JB. All Agree | |
| Item 25. | Docket No. 2000-0342-MWD-E. Consideration of an Agreed Order assessing administrative penalties against West Harris County MUD No. 17 in Harris County; Water Quality Permit No. and TPDES Permit Nos. 12247-001; for water quality violations pursuant to Tex. Water Code chs. 7 and 26, and the rules of the Texas Natural Resource Conservation Commission. (Michelle Harris, Clint Pruett) |
| Issue Agreed Order, RM/JB. All Agree | |
| PETROLEUM STORAGE TANK ENFORCEMENT DEFAULT ORDERS | |
| Item 26. | Docket No. 1998-0107-PST-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Gulshan Enterprises, Inc. in Harris County; TNRCC ID Nos. 39647 and 39714; for petroleum storage tank violations pursuant to Chapters 7 and 26 of the Texas Water Code, Chapter 382 of the Texas Health & Safety Code, and the rules of the Texas Natural Resource Conservation Commission. (Booker Harrison) |
| Issue Default Order, JB/RH. All Agree | |
| Item 27. | Docket No. 1999-1360-PST-E. Consideration of a Default Order assessing administrative penalties against and requiring certain actions of Nazir Ahmad Zahra in Victoria County; TNRCC ID NO. 17087; for petroleum storage tank violations pursuant to Chapter 26 of the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Booker Harrison) |
| Remand to Executive Director | |
| PETROLEUM STORAGE TANK ENFORCEMENT AGREED ORDERS | |
| Item 28. | Docket No. 2000-0190-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Circle Bar Auto/Truck Plaza, L.L.C. in Crockett County; PST Facility ID No. 64553; for petroleum storage tank violations pursuant to Tex. Water Code chs. 7 and 26, and the rules of the Texas Natural Resource Conservation Commission. (Mark L. Newman, Tom Jecha) |
| Issue Agreed Order, RH/JB. All Agree | |
| Item 29. | Docket No. 2000-0139-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Rudolph's, Inc. in DeWitt, Lavaca County; UST Facility ID Nos. 30432, 30433, 30444, and 30436; for petroleum storage tank violations pursuant to Tex. Water Code chs. 7 and 26, and the rules of the Texas Natural Resource Conservation Commission. (Audra Baumgartner, Tom Jecha) |
| Issue Agreed Order, RH/JB. All Agree | |
| WATER RIGHT PETITION | |
| Item 30. | Docket No. 2000-0929-WR. Consideration of a petition for the creation of the Blanco-Pedernales Groundwater Conservation District in Blanco County under Chapter 36 of the Texas Water Code. Fifty-four landowners within this proposed district filed this petition on April 11, 2000. The purpose of this district is to conserve, preserve, protect, recharge and prevent waste of the Edwards-Trinity Pleateau, Trinity Group, Marble Falls, Ellenburger-San Saba, and Hickory aquifers in Blanco County. The Executive Director has found that creation of the district would be practicable and feasible, and a benefit to the area. No hearing requests were received. (Robin Smith and Steve Musick) |
| Approve Petition, JB/RH. All Agree | |
| WATER DISTRICT MATTER | |
| Item 31. | Docket No. 2000-0983-DIS. North Texas Municipal Water District (District) of Collin County; Application for the Commission to initiate Proceedings for the District to Annex the City of Frisco by Election as authorized by Texas Revised Civil Statues Annotated (TRCSA) Art. 8280-141, Section 5(a) et.seq. TNRCC Internal Control No. 06132000-DO1 (DAC/TC). |
| Approve Resolution, RM/JB. All Agree | |
| RULES | |
| Item 32. | Docket No. 2000-0574-RUL. Consideration for the adoption of the rules review and readoption of 30 TAC Chapter 289, Weather Modification. This review is in accordance with Texas Government Code, Section 2001.039, and the General Appropriations Act, Article IX, Section 9-10.13, 76th Legislature, 1999, which require state agencies to review and consider for readoption each of their rules every four years. The proposal was published in the August 4, 2000 issue of the Texas Register (25 TexReg 7359). (Debi Dyer) (Rule Log No. 2000-009-289-WT) |
| Approve Staff Recommendation, RH/JB. All Agree | |
| Item 33. | Docket No. 2000-0575-RUL. Consideration for the adoption of the rules review and readoption of 30 TAC Chapter 305, Consolidated Permits. This review is in accordance with Texas Government Code, Section 2001.039, and the General Appropriations Act, Article IX, Section 9-10.13, 76th Legislature, 1999, which require state agencies to review and consider for readoption each of their rules every four years. The proposal was published in the August 4, 2000 issue of the Texas Register (25 TexReg 7360). (Debi Dyer) (Rule Log No. 2000-007-305-WT) |
| Approve Staff Recommendation, RM/JB. All Agree | |
| Item 34. | Docket No. 2000-0968-RUL. Consideration for publication of, and hearing upon, the following proposed new and amended sections in 30 TAC Chapter 106, Permits by Rule and 30 TAC Chapter 116, Control of Air Pollution by Permits for New Construction or Modification: |
| Amendments | |
| Section 106.4, Requirements for Permitting by Rule | |
| Section 116.111, General Application | |
| Section 116.115, General and Special Conditions | |
| Section 116.610, Applicability | |
| Section 116.615, General Conditions | |
| Section 116.711, Flexible Permit Application | |
| Section 116.715, General and Special Conditions | |
| New | |
| Section 116.176, Use of Mass Cap Allowances for Offsets | |
| The proposed amended sections would supplement the cap and trade program proposed for the Houston/Galveston (HGA) ozone nonattainment area (25 TexReg 8137) by clarifying that any source of emissions of nitrogen oxides (NOx) in the HGA area that uses permits by rule or flexible, standard, or general permits must obtain allowances for those emissions if the source emits, or has the potential to emit, ten tons per year and is subject to an emission standard in 30 TAC Chapter 117, Control of Air Pollution from Nitrogen Compounds. The proposed new section would allow the use of NOx allowances to meet the correlating portion of emissions offset requirements. The amended and new sections in Chapter 116 would be submitted as revisions to the state implementation plan. (Matt Baker/Beecher Cameron) (Rule Log No. 2000-047-116-AI). | |
| Approve Publication and Hearing, RM/JB. All Agree | |
| EXECUTIVE SESSION | |
| Item 35. | Docket No. 1999-0024-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 36. | Docket No. 1999-0025-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. 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 37. | Docket No. 1998-1154-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 | |
| (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 THE 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. | |
| Item 38. | Docket No. 2000-0889-AIR. Consideration of application by Chaparral Steel Midlothian L.P. for the amendment of Air Quality Permit No. 8097 and PSD-TX-138M5 to authorize the increase in size and firing rate of their existing large section mill reheat furnace. The facility is located at 300 Ward Road, Midlothian, Ellis County, Texas. The Commission will also consider requests for hearing or reconsideration; related motions, responses and replies; public comment; and the Executive Director's Response to Comments. (Earl Jones/Janis Hudson) |
| Deny Motion to Dismiss, RH/JB. All Agree. Grant hearing request and refer to SOAH on issues related to personal and animal health, air quality, and other nuisance, RH/JB. All Agree. Timing of hearing 120 days following preliminary hearing, expedite Alternative Dispute Resolution and setting hearing, RM/RH. All Agree | |
| Item 39. | Docket No. 2000-0455-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Boral Bricks, Incorporated in Harrison County; Air Account No. HH-0018-J; for air quality violations pursuant to Tex. Health & Safety Code ch. 382, Tex. Water Code ch. 7, and the rules of the Texas Natural Resource Conservation Commission. (Suzanne Walrath, Kristi Jones) |
| Issue Agreed Order, RH/JB. All Agree | |
| Item 1. | TNRCC Docket No. 1999-1386-OSS-E; SOAH Docket No. 582-00-1285. Consideration of the Administrative Law Judge's Proposal for Decision and Order against Richard Dinscore for alleged violations for failure to properly complete a sewage system installation project in Dripping Springs, Hays County, Texas. |
| Adopt Administrative Law Judge's Proposal for Decision and Issue Order, RM/RH. All Agree | |
| Item 2. | TNRCC Docket No. 1998-0406-PST-E; SOAH Docket No. 582-99-2449. Consideration of the Administrative Law Judge's Proposal for Decision and Order against Dalworth Oil Co., Inc. for alleged violations of four provisions of the Commission's Petroleum Storage Tank rules at several facilities in the North Texas area. |
| Adopt Administrative Law Judge's Proposal for Decision and Issue Order with corrections, RH/RM. All Agree | |
| Item 3. | TNRCC Docket No. 1997-1094-PST-E; SOAH Docket No. 582-99-2088. Consideration of the Administrative Law Judge's Proposal for Decision and Order against Winnett Oil Company Inc., Gerald Winnett and Fancille Winnett, for alleged violations of rules governing the construction and operation of undergound storage tanks (USTs) at seven separate facilities in Callahan and Eastland Counties, Texas. |
| Adopt Administrative Law Judge's Proposal for Decision and General Counsel will draft a new order with recommendations as made by Chairman Huston and accept agreed motion as presented by Executive Director, RH/RM. All Agree | |
| Item 4. | TNRCC Docket Nos. 1999-0792-UCR and 1999-0803-UCR; SOAH Docket No. 582-99-1427. Consideration of the Administrative Law Judge's Proposal for Decision and Order regarding the application of Silverleaf Resorts, Inc. for a water and sewer rate increase. The Utility serves approximately 2,003 water customers and 670 sewer customers in Montgomery, Comal, Wood, and Smith counties. |
| Adopt Administrative Law Judge's Proposal for Decision and Issue Order with corrections, JB/RH. All Agree | |
| Item 5. | TNRCC Docket No. 1999-0747-UCR, 1999-0748-UCR; 1999-0749-UCR; 1999-0750-UCR; 1999-0751-UCR; 1999-0752-UCR; 1999-0753-UCR; 1999-0754-UCR; and 1999-0196-UCR; SOAH Docket No. 582-99-0966. Consideration of the Administrative Law Judge's Proposal for Decision and Order regarding water and sewer rate/tariff change application of the Tecon Water Companies and Ratemaking Appeal of Southwest Water Services, Inc. from the City of Granbury. |
| Adopt Administrative Law Judge's Proposal for Decision and Issue Order, with changes. RM/RH. All Agree | |
| Item 6. | TNRCC Docket No. 1999-1155-UCR; SOAH Docket No. 582-99-2272. Consideration of the Administrative Law Judge's Proposal for Decision and Order regarding the City of Keene for a Cease and Desist Order against Crest Water Company in Johnson County. |
| Adopt Administrative Law Judge's Proposal for Decision and Issue Order as recommended by commissioners, RM/RH. All Agree | |