HALL

REED

GARNER

CONTESTED AGENDA

Wednesday, April 12, 1995

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.

Bldg E. Room 201S

12118 N. Interstate 35

UNCONTESTED (Amendment to Water Quality Permit)

Item 1. Docket No. 95-0582-MWD. CITY OF HARLINGEN for an amendment to Permit No. 10490-03 to authorize an increase in the discharge of treated domestic wastewater effluent from a volume not to exceed an average flow of 3,500,000 gallons per day to a volume not to exceed an average flow of 7,500,000 gallons per day. The proposed amendment will enforce more stringent effluent limitations as needed, in order to meet existing applicable rules and regulations. The wastewater treatment plant is approximately 2-1/2 miles east of the intersection of 15th Street and East Harrison Avenue (Farm-to-Market Road 106), and south of Harrison Avenue in the City of Harlingen in Cameron County, Texas. (Dale White)

Approved, PR/PG

UNCONTESTED (District Matter)

Item 2. Docket No. 94- 0610- DIS. CONSIDERATION OF A PROPOSED ORDER APPROVING THE APPLICATION BY NORTH AUSTIN MUNICIPAL UTILITY DISTRICT NO. 1 OF WILLIAMSON AND TRAVIS COUNTIES FOR APPROVAL OF $4,250,000 UNLIMITED TAX AND REVENUE BONDS, 8.22% NET EFFECTIVE INTEREST RATE, SERIES 1995, FOURTH ISSUE. For Commission consideration. Applicant requests approval of the issuance of $4,250,000 in tax and revenue bonds to finance water, wastewater & drainage facilities for various subdivisions within the District. (Robert Ferguson)

Approved, PG/PR

UNCONTESTED (Settled Hearings)

Item 3. Docket NO. 95-0263-AGR-E. Consideration of Examiner's Memorandum concerning the Petition of the Executive Director for an Order assessing administrative penalties and requiring certain actions of Jack H. Kempenaar dba Still Meadow Dairy. The dairy operation has 800 cows in confinement and is located in Hopkins County, Texas. Recommendation: Issuance of Agreed Order. (Cynthia G. Hayes)

Approved, PR/PG

Item 4. Docket No. 95-0039-MWD. Consideration of Examiner's Memorandum concerning the application of Dove Development Corporation for Water Quality Permit No. 13745- 01 to authorize the disposal by irrigation of 61,000 gallons per day of treated domestic wastewater effluent in Zavala County, Texas and Segment No. 2105 of the Nueces River Basin. Recommendation: Issuance of Permit. (Jim Bateman)

Approved, with changes as recommended, PR/PG

Item 5. Docket NO. 95-0108-AIR. Consideration of Examiner's Memorandum concerning the Applications of Coastal Refining and Marketing, Inc. for renewal of Permit No. 3783A to authorize continued operation of a hydrodesulfurization unit; renewal of Permit No. 3506A to authorize continued operation of an aromatic extraction unit; renewal of Permit No. 3784A to authorize continued operation of a naphtha splitter; and amendment and renewal of Permit No. 3477A authorizing the continued operation of a tank farm and the addition of several tanks. Nueces County, Texas. Recommendation: Issuance of Permit. (Nina Fantl)

Approved, with changes as recommended, PR/PG

CONTESTED (Industrial Waste Discharge Enforcement)

Item 6. Docket No. 95- 0325- IWD- E. Consideration of Executive Director's Preliminary Assessment of Noncompliance and Order Finding Noncompliance and Finding Necessary Action Pursuant to the Texas Water Code Section 5.117 for Temple- Inland Forest Products Corporation, Permit No. 02924. (Ray Winter, Laurie Eaves)

Remand to Executive Director

Item 7. Docket No. 95- 0566- IWD- E. Consideration of Executive Director's Petition for Revocation of TPI Industries, Inc. Permit No. 02786 pursuant to Section 26.029(c) of the Texas Water Code and 30 TAC 305.66- 68 for abandonment of permit and operations under the permit. (Helen Stovall Gilbert)

Remand to Executive Director

CONTESTED (Industrial Hazardous Waste Enforcement)

Item 8. Docket No. 95- 0105- IHW- E. Consideration of a Texas Natural Resource Conservation Commission Agreed Order assessing administrative penalties and requiring certain actions of Red River Army Depot, SWR 67004, under the Texas Solid Waste Disposal Act, Tex. Health and Safety Code Ann., Chapter 361 (Vernon Supp. 1992) and the Texas Water Code, Chapters 5 and 26 (Vernon 1988 and Supp. 1994). (Sally Jo Hahn/James Eblen)

Issue Agreed Order, PG/PR

Item 9. Docket No. 95- 0205- IHW- E. Consideration of an Agreed Order Assessing Administrative Penalties and Requiring Certain Actions of AAA Industrial Chromium Company for Alleged Violations of the Texas Solid Waste Disposal Act, TEX. HEALTH AND SAFETY CODE ANN. Chapter 361 (Vernon 1992), the Texas Water Code, TEX. WATER CODE ANN. Chapter 26 (Vernon Supp. 1993) and the Rules of the Texas Natural Resource Conservation Commission. SWR No. 65442 (Lila Beckley)

Issue Agreed Order, PG/PR

CONTESTED (Agricultural Enforcement)

Item 10. Docket No. 95- 0224- AGR- E. Consideration of a Texas Natural Resource Conservation Commission Agreed Order Assessing Administrative Penalties and Requiring Certain Actions of Smith Farms, Inc., No Permit. (Guy Henry/Claudia Chaffin)

Continued to May 10, 1995

CONTESTED (Municipal Solid Waste Enforcement)

Item 11. Docket No. 95- 0501- MSW- E. Consideration of an Agreed Order Amending an Agreed Order issued by the Texas Water Commission in 1990 Assessing Administrative Penalties and Requiring Certain Actions of the City of Llano. (Raymond Winter)

Issue Agreed Order, PG/PR

Item 12. Docket No. 95- 0506- MSW- E. Consideration of Agreed Order assessing administrative penalties and requiring certain actions of Frances Williams and Inez Sparks; Permit No. 775; Located in Kaufman County; (Shepherd, Haase)

Issue Agreed Order, PG/PR

CONTESTED (Rule)

Item 13. Docket No. 95- 0487- RUL. Consideration of adoption of revisions to the labeling requirements of Section 114.13(f) of the Texas Oxygenated Fuels regulations in order to allow inclusion of relevant dates in labels as an alternative to removing labels for a portion of the year. (John Steib)

Adopt Revisions to Section 114.13(f), PR/PG

CONTESTED (Proposal for Decision)

Item 14. Docket No. 95-0221-IWD. Consideration of Examiner's Proposal for Decision and Order concerning the application of Taiwan Shrimp Village Association, Inc. for Wastewater Discharge Permit No. 03596 to authorize the discharge of an average of 100 million gallons per day of treated industrial wastewater effluent in Cameron County, Texas and Segment No. 2201 of the Nueces- Rio Grande Coastal Basin. Recommendation: Issuance of permit. (Mike Rogan)

Pam Reed made the recommendation to grant the Proposal for Decision and Issue Order, and that the TSS be 30 mil grams per liter and that we adopt the Texas Parks Wildlife sampling protocol that the term be for 3 years and that no discharge from Jan 1 to Mar 31 and no diversion during December its now being changed so it is a general maricultural permit that the applicants permit ends September 1996 and the permit term is 3 years. PR/PG John Hall made a friendly amendment, allowing the applicant a compliance period between 12 and 18 months. JH/PG (Pam Reed voted against the amendment of Chairman Hall)

EXECUTIVE SESSION

Item 15. Docket No. 95-0600-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 16. Docket No. 95-0601-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

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ADDENDUM TO AGENDA

Wednesday, April 12, 1995

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.

Bldg E. Room 201S

12118 N. Interstate 35

Item 17. Docket No. 95-0595-MSW. Consideration of Examiner's Memorandum concerning the application of the City of Carrizo Springs for Permit No. MSW- 2225 to authorize the operation of a Municipal Solid Waste Type I facility in City of Carrizo Springs in Dimmit County, Texas. Recommendation: Issuance of permit. (Linda Sorrells)

Adopt Examiner's Memorandum and Issue Permit, PR/PG