GARNER
REED--absent and excused
AGENDA
Wednesday, May 3, 1995
TEXAS NATURAL RESOURCE CONSERVATION COMMISSION
9:30 a.m.
Bldg E. Room 201S
12118 N. Interstate 35
UNCONTESTED (District Matter)
Item 1. Docket No. 95- 0665- DIS. CONSIDERATION OF A PROPOSED ORDER APPROVING THE APPLICATION BY HULL FRESH WATER SUPPLY DISTRICT OF LIBERTY COUNTY FOR APPROVAL OF $450,000 COMBINATION UNLIMITED TAX AND UTILITY SYSTEM REVENUE BONDS, SERIES 1995; 6.00% NET EFFECTIVE INTEREST RATE; AND RESCISSION OF THE ORDER APPROVING THE SALE OF BONDS DATED FEBRUARY 28, 1992; ACTS OF THE 57TH LEGISLATURE, REGULAR SESSION 196, CHAPTER 553 AND V.T.C.A., WATER CODE SECTION 50.107 AND CHAPTER 53. For Commission consideration. Applicant requests (a) Commission approval to issue bonds to finance construction of a wastewater collection system and wastewater treatment plant, and (b) Commission rescission of the original order approving the sale of the bonds. (Robert Ferguson).
Approve staff recommendation, PG/JH
UNCONTESTED (Water Utility Matters)
Item 2. Docket No. 95- 0674- UCR. Approval of City of Mercedes for a Sewer Certificate of Convenience and Necessity in Hidalgo County, Texas. (Application # 30531- C, Doug Holcomb)
Approve staff recommendation, PG/JH
Item 3. Docket No. 95- 0686- UCR. Approval of Aqua WSC to Amend Water CCN No. 10294 and to Decertify a Portion of CCN No. 10990 Issued to Bastrop County Water Control and Improvement District (WCID) No. 2 in Bastrop County, Texas. (Application # 30664- C, Albert Holck) Approval of Aqua WSC to Amend Water CCN No. 10294 and to Decertify a Portion of CCN No. 11144 Issued to Manville WSC in Travis County, Texas. (Application # 30665- C, Albert Holck) Approval of Aqua WSC to Amend Water CCN by Decertifying Portions of Two Areas of CCN No. 10294 in Bastrop County, Texas. (Application # 30666- C, Albert Holck)
Approve staff recommendation, PG/JH
UNCONTESTED (Superfund Agreed Order)
Item 4. Docket No. 95- 0659- SPF. Consideration of Agreed Order for a Remedial Investigation and Feasibility Study in the Matter of the Site Known as Waste Oil Tank Service State Superfund Site. (Vic McWherter/Michael Bame)
Issue Agreed Order, PG/JH
UNCONTESTED (On-Site Sewage)
Item 5. Docket No. 95-0695-OSS. Application by Nacogdoches County to regulate On-Site Sewage Facilities within their jurisdiction.
Approve staff recommendation, PG/JH
UNCONTESTED (Municipal Solid Waste Management Plans)
Item 6. Docket No. 95-0437-MSW. CONSIDERATION OF A PROPOSED REGIONAL SOLID WASTE MANAGEMENT PLAN SUBMITTED BY THE SOUTH EAST TEXAS REGIONAL PLANNING COMMISSION. REGIONAL SOLID WASTE MANAGEMENT PLANS ARE REQUIRED BY THE TEXAS HEALTH AND SAFETY CODE, CHAPTER 363 (COMPREHENSIVE MUNICIPAL SOLID WASTE MANAGEMENT, RECOVERY, AND CONSERVATION ACT, 1990). (JOEY CRUMLEY)
Approve Regional Sold Waste Management Plan, PG/JH
Item 7. Docket No. 95-0438-MSW. CONSIDERATION OF A PROPOSED REGIONAL SOLID WASTE MANAGEMENT PLAN SUBMITTED BY THE ARK- TEX COUNCIL OF GOVERNMENTS. REGIONAL SOLID WASTE MANAGEMENT PLANS ARE REQUIRED BY THE TEXAS HEALTH AND SAFETY CODE, CHAPTER 363 (COMPREHENSIVE MUNICIPAL SOLID WASTE MANAGEMENT, RECOVERY, AND CONSERVATION ACT, 1990). (JOEY CRUMLEY)
Approve Regional Solid Waste Management Plan, PG/JH
Item 8. Docket No. 95-0439-MSW. CONSIDERATION OF A REGIONAL SOLID WASTE MANAGEMENT PLAN SUBMITTED BY THE BRAZOS VALLEY DEVELOPMENT COUNCIL. REGIONAL SOLID WASTE MANAGEMENT PLANS ARE REQUIRED BY THE TEXAS HEALTH AND SAFETY CODE, CHAPTER 363 (COMPREHENSIVE MUNICIPAL SOLID WASTE MANAGEMENT, RECOVERY, AND CONSERVATION ACT, 1990). (STEVE DAYTON)
Approve Regional Solid Waste Managmenet Plan, PG/JH
Item 9. Docket No. 95-0604-MSW. CONSIDERATION OF A PROPOSED REGIONAL SOLID WASTE MANAGEMENT PLAN SUBMITTED BY THE COASTAL BEND COUNCIL OF GOVERNMENTS. REGIONAL SOLID WASTE MANAGEMENT PLANS ARE REQUIRED BY THE TEXAS HEALTH AND SAFETY CODE, CHAPTER 363 (COMPREHENSIVE MUNICIPAL SOLID WASTE MANAGEMENT, RECOVERY, AND CONSERVATION ACT, 1990). (LINDA HAYNIE)
Approve Regional Solid Waste Management Plan, PG/JH
Item 10. Docket No. 95-0605-MSW. CONSIDERATION OF A PROPOSED REGIONAL SOLID WASTE MANAGEMENT PLAN SUBMITTED BY THE GOLDEN CRESCENT REGIONAL PLANNING COMMISSION. REGIONAL SOLID WASTE MANAGEMENT PLANS ARE REQUIRED BY THE TEXAS HEALTH AND SAFETY CODE, CHAPTER 363 (COMPREHENSIVE MUNICIPAL SOLID WASTE MANAGEMENT, RECOVERY, AND CONSERVATION ACT, 1990). (RUSSELL HOLSTER)
Approve Regional Solid Waste Management Plan, PG/JH
Item 11. Docket No. 95-0606-MSW. CONSIDERATION OF A PROPOSED REGIONAL SOLID WASTE MANAGEMENT PLAN SUBMITTED BY THE LOWER RIO GRANDE VALLEY DEVELOPMENT COUNCIL. REGIONAL SOLID WASTE MANAGEMENT PLANS ARE REQUIRED BY THE TEXAS HEALTH AND SAFETY CODE, CHAPTER 363 (COMPREHENSIVE MUNICIPAL SOLID WASTE MANAGEMENT, RECOVERY, AND CONSERVATION ACT, 1990). (RUSSELL HOSLTER)
Approve Regional Solid Waste Management Plan, PG/JH
Item 12. Docket No. 95-0440-MSW. CONSIDERATION OF A PROPOSED REGIONAL SOLID WASTE MANAGEMENT PLAN SUBMITTED BY THE SOUTH TEXAS DEVELOPMENT COUNCIL. REGIONAL SOLID WASTE MANAGEMENT PLANS ARE REQUIRED BY THE TEXAS HEALTH AND SAFETY CODE, CHAPTER 363 (COMPREHENSIVE MUNICIPAL SOLID WASTE MANAGEMENT, RECOVERY, AND CONSERVATION ACT, 1990). (STEVE DAYTON)
Approve Regional Solid Waste Management Plan, PG/JH
CONTESTED (Municipal Waste Discharge Enforcement)
Item 13. Docket No. 95- 0344- MWD- E. Consideration of a Texas Natural Resource Conservation Commission Agreed Order Requiring Certain Actions of City of Normangee, Permit No. 10356- 01. (Lin Zhang/Guy Henry)
Issue Agreed Order, PG/JH
Item 14. Docket No. 95- 0411- MWD- E. Consideration of a Texas Natural Resource Conservation Commission Agreed Order Assessing Administrative Penalties and Requiring Certain Actions of the City of Italy, TNRCC Permit No. 10516- 001. (Greg Olinger).
Issue Agreed Order, PG/JH
CONTESTED (Industrial Hazardous Waste Enforcement)
Item 15. Docket No. 95- 0346- IHW- E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of A&A Customs Brokerage; Solid Waste Registration No. 82815 (John Murphy)
Issue Agreed Order, PG/JH
CONTESTED (Municipal Solid Waste Enforcement)
Item 16. Docket No. 95- 0664- MSW- E. Consideration of a TNRCC Executive Director's Petition to Revoke 1st Falcon Tire Disposal, Inc.'s Waste Tire Registration Nos. 44133 and 79023 for municipal solid waste violations (Robin Smith).
Approve Revocation of Tire Registration Nos. 44133 and 79023, PG/JH
CONTESTED (Petroleum Storage Tank Enforcement)
Item 17. Docket No. 95- 0681- PST- E. Consideration of an Agreed Order Assessing Administrative Penalties and Requiring Certain Actions of Jet 66 Corporation. (Raymond Winter)
Issue Agreed Order, PG/JH
CONTESTED (Rules)
Item 18. Docket No. 95-0622-RUL. Consideration for adoption of amendments to 30 TAC, Chapter 335, Subchapters A and R, Sections 335.1, 335.6, 335.501-335.503, 335.505, 335.508- 335.510, 335.514- 335.515, 335.521, concerning Industrial Solid Waste and Municipal Hazardous Waste Rules, relating to classification and coding requirements. If approved, the amendment would clarify the existing rule and allow the rule to continue to be protective of human health and the environment.
Adopt Rules as Recommended, PG/JH
Item 19. Docket No. 95-0699-RUL. Consideration of the repeal of 30 Tex. Admin. Code 321.34 and the adoption of new 321.34 and new subchapter K, Chapter 321, 30 Tex Admin. Code, 321.181 - 321.198, concerning Concentrated Animal Feeding Operations. (James Kowis)
Item will be considered as Addendum to May 10, 1995 agenda at 11:00 a.m.
EXECUTIVE SESSION
Item 20. Docket No. 95-0703-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 21. Docket No. 95-0704-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, May 3, 1995
TEXAS NATURAL RESOURCE CONSERVATION COMMISSION
9:30 a.m.
Bldg. E Room 201S
12118 N. Interstate 35
Item 22. Docket No. 95-0626-RUL. Consideration for adoption of emergency rules revising 30 Texas Administrative Code Chapter 114 (Concerning Control of Air Pollution From Motor Vehicles) to amend Section 114.4 regarding technical and quality assurance guidelines for the Inspection/Maintenance (I/M) program. If approved, the amendments will change technical requirements relating to Vehicle Exhaust Gas Analyzers and set up certification procedures for facilities and inspectors to test vehicles in a decentralized I/M program. (John Steib)
Remand to Staff
EMERGENCY ADDENDUM TO AGENDA
Wednesday, May 3, 1995
TEXAS NATURAL RESOURCE CONSERVATION COMMISSION
9:30 a.m.
Room 201S, Bldg E.
12118 N. Interstate 35
Item 23. Docket No. 95-0800-EXE. The Texas Natural Resource Conservation Commission will meet in Closed Session in Room 4222 of Building F, 12118 N. Interstate 35 to discuss the following pending litigation: Tejas Testing Technology One, L.C. and Tejas Testing Technology Two, L.C. v. Texas Natural Resource Conservation Commission, John Hall, Peggy Garner, Pam Reed, Dan Pearson, and Dan Morales, Cause No. 95-05307, in the State District Court of Travis County, Texas. The authority for the Closed Session is Section 551.071 of the Open Meetings Act, Chapter 551 of the Government Code. The Commission may also meet in Room 201S, Building E, to take official action.
No Action Taken
(The Texas Natural Resource Conservation Commission must meet in Emergency Meeting because of the reasonably unforeseeable filing by the plaintiffs on May 2, 1995 of their original petition and application for a temporary restraining order in the above-described matter. After hearing on the petition and application, the court granted the temporary restraining order on May 2, 1995.