HALL

GARNER

REED--absent and excused

UNCONTESTED AGENDA

Wednesday, February 15, 1995

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.

Room 201S, Bldg E.

12118 N. Interstate 35

UNCONTESTED (Industrial Waste Permit)

Item 1. DOCKET NO. 95-0267-IWD. APPLICATION BY TEXAS PARKS & WILDLIFE DEPARTMENT for a permit (Proposed Permit No. 03748) to authorize a discharge of process wastewater at a volume not to exceed an average flow of 1,300,000 gallons per day via Outfall 001, an intermittent, flow variable discharge of process wastewater and stormwater via Outfalls 002 and 003. Plus an intermittent, flow variable discharge of stormwater via Outfall 004. The applicant proposes to operate the Sea Center Texas facility which consists of a fish hatchery, visitor and educational center. The plant site is at 300 Medical Drive in the City of Lake Jackson, Brazoria County, Texas. (Tom Weber)

APPROVED APPLICATION; PG/JH.

UNCONTESTED (Municipal Solid Waste Permit)

Item 2. DOCKET NO. 95-0269-MSW. APPLICATION BY THE UNIVERSITY OF TEXAS MEDICAL BRANCH for a municipal solid waste permit (Proposed Permit No. MSW2232) to authorize its existing medical waste incinerator to operate as a commercial Type V Medical and Municipal Solid Waste Incinerator. The site covers approximately 0.3907 acres of land and is proposed to receive approximately 36 tons of solid waste per day for disposal and other processing. The facility is located in the 700 block of Port Industrial Boulevard in Galveston, Galveston County, Texas. (Mary Adrian)

APPROVED APPLICATION; PG/JH.

UNCONTESTED (Class 2 Modification to Industrial Hazardous Permits)

Item 3. Docket No. 95-0277-IHW. Consideration of an application by TEXAS ECOLOGISTS, INC. - ROBSTOWN for a Class 2 Modification to Permit No. HW50052-001 in accordance with 30 TAC Section 305.69. The permit modification will authorize: (1) modification to the treatment system's piping which will allow the system to be operated as a continuous rather than as a batch system and (2) installation of an 8,000 gallon tank to collect and consolidate the suspended solids removed from the system. The facility is located on Petronila Road approximately 0.5 mile southeast of the intersection of Farm Road 2826 and Petronila Road, and approximately 3.5 miles south of Robstown in Nueces County, Texas. (Lynn Bell)

APPROVED APPLICATION; PG/JH.

Item 4. Docket No. 95-0278-IHW. Consideration of an application by CHEMICAL WASTE MANAGEMENT, INC. - C0RPUS CHRISTI for a Class 2 Modification to Permit No. WDW-70 in accordance with 30 TAC Section 305.69. The permit modification will authorize revisions to the Contingency Plan, Inspection Plan, Closure/Post Closure Plan, Training Plan; addition of newly identified waste codes; changes concerning application submittal dates; and revisions to Provisions VII.G. and XIV.A. The facility is located at 6901 Greenwood Drive in Corpus Christi, Nueces County, Texas. (William G. Crolley)

APPROVED APPLICATION; PG/JH.

UNCONTESTED (District Matters)

Item 5. Docket No. 94- 0741- DIS. CONSIDERATION OF A PROPOSED ORDER APPROVING PETITION BY DOUBLE DIAMOND, INC. FOR DISSOLUTION OF THE CLIFFS MUNICIPAL UTILITY DISTRICT OF PALO PINTO COUNT. Applicant requests that the Commission dissolve the District. (Cynthia Cartwright)

APPROVED PETITION FOR DISSOLUTION; PG/JH.

Item 6. Docket No. 94- 0638- DIS. CONSIDERATION OF A PROPOSED ORDER GRANTING THE PETITION BY HOUSTON AREA DEVELOPMENT CORPORATION FOR CREATION OF HARRIS- FORT BEND COUNTIES MUNICIPAL UTILITY DISTRICT NO. 5. For Commission consideration. The petition from Houston Area Development Corporation requests creation of Harris- Fort Bend Counties Municipal Utility District No. 5, which would

contain approximately 260.970 acres. (Robert Ferguson)

ADOPTED ORDER AND APPROVED PETITION FOR CREATION; PG/JH.

Item 7. Docket No. 94- 0632- DIS. CONSIDERATION OF A PROPOSED ORDER APPROVING THE APPLICATION BY WEST HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 10 FOR APPROVAL OF $6,700,000 UNLIMITED TAX BONDS,

FOURTH ISSUE, 6.664% NET EFFECTIVE INTEREST RATE, SERIES 1995. For Commission consideration. Applicant requests approval of a bond issue to finance water plant no. 2, White Oak Bayou storage facility, regional detention contributions, construction of a

detention pond and outfall, land costs for the water plant, detention pond, and storage facility, repairs to water well at plant no. 1, and water, wastewater, and drainage facilities for various sections in the District. (Robert Ferguson)

APPROVED APPLICATION; PG/JH.

Item 8. Docket No. 95- 0244- DIS. CONSIDERATION OF A PROPOSED ORDER APPROVING THE APPLICATION BY EL PASO COUNTY WATER AUTHORITY FOR APPROVAL OF $2,560,000, $5,275,000, AND $800,000 COMBINATION UNLIMITED TAX AND REVENUE BONDS, SERIES 1995- A, B, AND C, THIRD

ISSUE; TO THE TEXAS WATER DEVELOPMENT BOARD; 6.899%, 5.542% AND 6.757% NET EFFECTIVE INTEREST RATE; PURSUANT TO V.T.C.A., TEXAS WATER CODE SECTION 54.516. For Commission consideration. Applicant requests approval to issue bonds to finance

improvements to the District's existing water and wastewater treatment facilities. (Robert Ferguson)

APPROVED APPLICATION; PG/JH.

UNCONTESTED (Water Utility Matters)

Item 9. Docket No. 94- 0816- UCR. Approval of Greenspoint Trailer Park, Inc. to Cancel Water CCN No. 12111 in Harris County, Texas. (Application # 30621- Q, Albert Holck) and Approval of Greenspoint Trailer Park, Inc. to Cancel Sewer CCN No. 20695 in Harris County, Texas. (Application # 30622- Q, Albert Holck)

APPROVED APPLICATION; PG/JH.

Item 10. Docket No. 95- 0206- UCR. Approval of the Negotiated Settlement of Kathie A. Bryant dba Buena Vista Water System for a Rate/Tariff Change; Certificate of Convenience and Necessity (CCN) No. 11656 in

Burnet County, Texas. (Application # 30590- G, Darrell Nichols)

APPROVED APPLICATION; PG/JH.

UNCONTESTED (Settled Hearings)

Item 11. Docket No. 95-0047-AIR. Consideration of Examiner's Memorandum and Order concerning the application of W. T. Liston Company for Standard Exemption Registration No. 25495; to authorize the construction of a specialty concrete batch plant in Cameron County, Texas. Recommendation: Approval of the application. Examiner: (Nina Fantl).

NO ACTION TAKEN.

Item 12. Docket No. 94-0736-DIS. Consideration of Examiner's Memorandum and Order concerning the petition of the ratepayers of El Dorado Utility District appealing the increase in water and sewer rates in Harris County, Texas. Recommendation: Dismissal of ratepayers' petition. Examiner (Zukauckas)

ADOPTED EXAMINER'S MEMRANDUM AND ISSUED ORDER; PG/JH.

(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.)

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.

--------------------------------------------------------------

HALL

GARNER

REED-ABSENT AND EXCUSED

CONTESTED AGENDA

Wednesday, February 15, 1995

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.

Room 201S, Bldg E.

12118 N Interstate 35

CONTESTED (Water Quality Enforcements)

Item 1. Docket No. 94- 0220- AGR- E . Consideration of Agreed Order Assessing Administrative Penalties and Requiring Certain Actions of Harm Jongsma. (Raymond Winter)

Issue Agreed Order, PG/JH

CONTESTED (Industrial Solid Waste)

Item 2. Docket No. 94- 0341- ISW- E. Consideration of Agreed Order Assessing Administrative Penalties and Requiring Certain Actions of Plastics Recycling Corporation. (Raymond Winter)

Issue Agreed Order, PG/JH

CONTESTED (Municipal Solid Waste)

Item 3. Docket No. 95- 0241- MSW- E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Laidlaw Waste Systems, Inc.; Permit No. 1614; (Mark Vickery)

Issue Agreed Order, PG/JH

CONTESTED (Petroleum Storage Tank Enforcements)

Item 4. Docket No. 95- 0240- PST- E. Consideration of a TNRCC Agreed Order pursuant to Texas Water Code Section 26.136 for violations of 30 Texas Administrative Code Section 334.50(b) assessing administrative penalties and requiring certain actions of Round Rock Independent School District.; Enforcement Identification No. E10708. (Mick Wilson)

Issue Agreed Order, PG/JH

Item 5. Docket No. 94- 0050- PST- E. Consideration of the Executive Director's Preliminary Enforcement Report in the matter of Dal- Tex Fuel Systems and remand to Office of Hearings Examiners. (Raymond Winter)

Remand to Office Hearing Examiners

Item 6. Docket No. 94- 0051- PST- E. Consideration of the Executive Director's Preliminary Enforcement Report in the matter of Lynn Willson and remand to Office of Hearings Examiners. (Raymond Winter)

Remand to Office Hearing Examiners

CONTESTED (Air Enforcements)

Item 7. Docket No. 95-0271-AIR. Consideration of Coastal Refining and Marketing, Inc.'s application for renewal of Air Quality Permit No. 5285. Recommendation: Denial of hearing request and issuance of permit. (Bill Ehret)

Issue Permit and Deny Hearing Request, JH/PG

Item 8. Docket No. 95-0273-AIR. Consideration of Southwestern Refining Company, Inc.'s application for Air Quality Permit No. 7035. Recommendation: Denial of hearing request and issuance of permit. (Bill Ehret)

Issue Permit and Deny Hearing Request, JH/PG

Item 9. Docket No. 95-0274-AIR. Consideration of Occidental Chemical Corporation's application for Air Quality Permit No. 2339A. Recommendation: Denial of hearing request and issuance of permit. (Bill Ehret)

Issue Permit and Deny Hearing Request, JH/PG

CONTESTED (Water Right Matters)

Item 10. Docket No. 95- 0250- WR. Consideration of a Voluntary Abandonment and Cancellation of Water Use Permit No. 2- 5201 held by Harvey and Lucy Milner which authorizes the use of water from north tulle draw in the Red River Basin. (Chris Kadas)

Approve Staff Recommendation, PG/JH

Item 11. Docket No. 95- 0251- WR. Consideration of a Voluntary Abandonment and Cancellation of Water Use Permit No. 5096 held by Roy O'Connor which authorizes the use of water from Matagorda Bay in the Colorado- Lavaca River Basin. (Chris Kadas)

Approve Staff Recommendation, PG/JH

Item 12. Docket No. 95- 0252- WR. Consideration of a Voluntary Abandonment and Cancellation of Water Use Permit No. 21- 3202 held by Malvin E. Plocek which authorizes the use of water from Unnamed and Frio River in the Nueces River Basin. (Chris Kadas)

Approve Staff Recommendation, PG/JH

Item 13. Docket No. 95- 0253- WR. Consideration of a Voluntary Abandonment and Cancellation of Water Use Permit No. 005381- 6 held by Chimneyhill- Austin Homeowners Assoc. which authorizes the use of water from Walnut Creek in the Colorado River Basin. (Chris Kadas)

Approve Staff Recommendation, PG/JH

Item 14. Docket No. 95- 0254- WR. Consideration of a Voluntary Abandonment and Cancellation of Water Use Permit No. 14- 1455 held by Felix W. Beckmann which authorizes the use of water from the Pedernales River in the Colorado River Basin. (Chris Kadas)

Approve Staff Recommendation, PG/JH

Item 15. Docket No. 95- 0255- WR. Consideration of a Voluntary Abandonment and Cancellation of Water Use Permit No. 3941 held by Robert M. and Joyce R. Stanton which authorizes the use of water from Chacon Creek in the Nueces River Basin. (Chris Kadas)

Approve Staff Recommendation, PG/JH

Item 16. Docket No. 95- 0256- WR. Consideration of a Voluntary Abandonment and Cancellation of Water Use Permit No. 20- 4500 held by Hugh Hudson which authorizes the use of water from Poesta Creek in the San Antonio/Nueces River Basin. (Chris Kadas)

Approve Staff Recommendation, PG/JH

Item 17. Docket No. 95- 0257- WR. Consideration of a Voluntary Abandonment and Cancellation of Water Use Permit No. 12- 2925 held by B.J. Marwitz which authorizes the use of water from Cowhouse Creek in the Brazos River Basin. (Chris Kadas)

Approve Staff Recommendation, PG/JH

Item 18. Docket No. 95- 0258- WR. Consideration of a Voluntary Abandonment and Cancellation of Water Use Permit No. 5- 4706 held by Bentley T. Lloyd which authorizes the use of water from Coffee Creek in the Sabine River Basin. (Chris Kadas)

Approve Staff Recommendation, PG/JH

Item 19. Docket No. 95- 0259- WR. Consideration of a Voluntary Abandonment and Cancellation of Water Use Permit No. 12- 2287 held by Billy G. and Iris S. Hodges which authorizes the use of water from Austin Branch in the Brazos River Basin. (Chris Kadas)

Remand to Executive Director, PG/JH

CONTESTED (Rules)

Item 20. Docket No. 95- 0279- RUL. Consideration and adoption of the repeal of Section 330.857, amendments to Sections 330.824 and 330.839, and new Sections 330.857 - 858, 330.875, 330.879, 330.880 - 330.883, concerning the Waste Tire Recycling Fund program, in order to correct previous Texas Register publishing oversights. (Diane Smith)

Adopt Rules as Recommended by Staff, PG/JH

EXECUTIVE SESSION

Item 21. Docket No. 95-0284-EXE. THE COMMISSION WILL MEET

IN EXECUTIVE SESSION TO 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

GOV'T CODE, Sections 551.071 and 551.074, the Open

Meetings Act. 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

Item 22. Docket No. 95-0285-EXE. COMMISSIONERS WILL MEET IN

EXECUTIVE SESSION TO DISCUSS THEIR DUTIES, ROLES,

AND RESPONSIBILITIES AS COMMISSIONERS OF THE TNRCC

UNDER GOV'T CODE, SECTION 551.074, the Open

Meetings Act. 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.)

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.

OLD BUSINESS AGENDA

Wednesday, February 15, 1995

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.

Room 201S

Item carried forward from Agenda of February 8, 1995.

Item 1. Docket No. 95-0218-MWD. APPLICATION BY CITY OF JACKSBORO for a Temporary Order to authorize the discharge of treated domestic wastewater effluent at a volume not to exceed an average flow of 650,000 gallons per day. The wastewater treatment facilities are approximately 1,500 feet north of U.S. Highway 281 and approximately 4,600 feet west of State Highway 148 in the City of Jacksboro in Jack County, Texas. The effluent is discharged into Little Cleveland Creek; thence to Johnson Lake; thence to Little Cleveland Creek; thence to North Creek; thence to the West Fork Trinity River Above Bridgeport Reservoir in Segment No. 0812 of the Trinity River Basin. The applicant has stated that this request is justified to prevent severe economic loss. (E.J. Bernacki)

Issue Temporary Order as recommended by Executive Director and agreed upon by applicant and protestants, JH/PG