HALL

REED - ABSENT FOR ITEM 1 -3

MARQUEZ

CONTESTED AGENDA

Wednesday, May 10, 1995

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

11:00 a.m.

Bldg E. Room 201S

12118 N. Interstate 35

UNCONTESTED (Class 2 Permit Modification to Industrial Hazardous Waste Permit)

Item 1. Docket No. 95-0721-IHW. Consideration of an application by DOW CHEMICAL COMPANY for a Class 2 permit modification to Permit No. HW-50161-001 in accordance with 30 TAC Section 305.69. The permit authorizes operation of an industrial solid waste storage, processing and disposal facility industrial solid waste storage and processing facility for the management of hazardous and Class I, Class 2 and Class 3 non-hazardous, industrial wastes. The permit modification authorizes: (1) the applicant to accept agricultural chemicals and the addition of a permit application submittal date; (2) revisions to its Waste Analysis Plan regarding agricultural chemicals; and, (3) the addition of DO16 and U240 to the facility's waste management list. The request will not increase the total furnace capacity but is intended to help the facility meet changing market conditions. The facility is located at 2301 North Brazosport Boulevard, along and adjacent to the intersections of State Highways 288, 332 and State FM 523 on approximately 5,122 acres in Freeport, Brazoria County, Texas. (William G. Crolley)

Approved, JH/RM

UNCONTESTED (Industrial Waste Discharge Permit)

Item 2. Docket No. 95-0722-IWD. REQUEST BY GULF COAST WASTE DISPOSAL AUTHORITY for a temporary variance to the existing water quality standards for fecal coliform for the Houston Ship Channel/Buffalo Bayou, Segment No. 1007 of the San Jacinto River Basin. The variance would authorize a three year period in which to conduct a water quality study of the effluent limits for enterococci in lieu of fecal coliform. The study would show whether a site specific amendment to water quality standards is justified. Prior to the expiration of the three year variance period, the Commission will consider the site-specific standards and determine whether to adopt the standards or require the existing water quality standards to remain in effect. (Tom Weber)

Approved, JH/RM

Item 3. Docket No. 95-0722-IWD. APPLICATION BY GULF COAST WASTE DISPOSAL AUTHORITY for renewal of Permit No. 01740 which authorizes a discharge of treated industrial and municipal wastewaters at a volume not to exceed an average flow of 54,700,000 gallons per day via Outfall 001 from its Washburn Tunnel Facility, a centralized wastewater treatment plant. The plant site is on the south bank of the Houston Ship Channel, approximately one half mile west and upstream of the Washburn Tunnel, Harris County, Texas. (Tom Weber)

Approved, JH/RM

UNCONTESTED (District Matters)

Item 4. Docket No. 95- 0446- DIS. CONSIDERATION OF A PROPOSED ORDER APPROVING THE APPLICATION BY HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 158 FOR APPROVAL OF RELEASE OF $5,620 OF ESCROWED FUNDS; $1,700,000 BOND ISSUE APPROVED APRIL 28, 1987. For Commission consideration. Applicant requests Commission approval of the release of $5,620 of escrowed funds for purchase of land for the lift station site. (Robert Ferguson)

Approved, PR/JH

Item 5. Docket No. 94- 0612- DIS. CONSIDERATION OF A PROPOSED ORDER APPROVING THE APPLICATION BY HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 102 FOR APPROVAL OF AN EXTENSION OF TIME TO ISSUE $725,000 IN BONDS FROM $4,225,000 BOND ISSUE APPROVED NOVEMBER 1, 1993, FOR A CHANGE IN PROJECT SCOPE, AND FOR AUTHORIZATION TO PROCEED WITH BOND SALE. For Commission consideration. Applicant requests approval of an extension of time to issue the $725,000 in bonds, approval of a change in projects to be funded, and approval to proceed with the sale of the bonds. (Robert Ferguson)

Remand to Staff

Item 6. Docket No. 95- 0067- DIS. CONSIDERATION OF A PROPOSED ORDER ACTING ON THE APPLICATION BY OAK RIDGE MUNICIPAL UTILITY DISTRICT OF MONTGOMERY COUNTY FOR APPROVAL OF $1,750,000 UNLIMITED TAX BONDS, EIGHTH ISSUE, 7.42% NET EFFECTIVE INTEREST RATE, SERIES 1995. For Commission consideration. Applicant requests Commission approval of a bond issue to finance drainage improvements in Robinson Road and Spring Oaks Channel. (Robert Ferguson)

Approved, PR/JH

Item 7. Docket No. 95- 0687- DIS. CONSIDERATION OF A PROPOSED ORDER APPROVING THE APPLICATION BY GREATER TEXOMA UTILITY AUTHORITY OF COOKE AND GRAYSON COUNTIES - TOWN OF LINDSAY FOR APPROVAL OF $440,000 CONTRACT REVENUE BONDS, SERIES 1995, SIXTEENTH ISSUE; TO THE TEXAS WATER DEVELOPMENT BOARD; 5.55% NET EFFECTIVE INTEREST RATE; PURSUANT TO ACTS OF THE 66TH LEGISLATURE, CHAPTER 97, 1979, AS AMENDED AND V.T.C.A., TEXAS WATER CODE SECTION 54.516. For Commission consideration. Applicant requests Commission approval for the sale of bonds to Texas Water Development Board to finance improvements to the Authority's existing water system. (Robert Ferguson)

Approved, PR/JH

UNCONTESTED (Water Utility Matters)

Item 8. Docket No. 95- 0142- UCR. Approval of City of League City, Texas to Transfer Water & Sewer CCN No. 11410 & 20537 from 3002 Utility Company; Cancel Water & Sewer CCN No. 11410 & 20537 in Galveston County, Texas. (Application # 30480- S & 30481- S, Dean Pollard)

Approved, PR/JH

UNCONTESTED (Settled Hearings)

item 9. Docket No. 95-0063-UCR. Consideration of Examiner's Memorandum and Order concerning the applications of the City of Penitas for a Certificate of Convenience and Necessity and also concerning amendment of CCN for La Joya Water Supply Corporation to provide water and sewer service in Hidalgo County, TX. Recommendation: Adoption of agreement of parties. (PATRICIA ROBARDS)

Adopt Examiners Memorandum and Issue Order, PR/RM

Item 10. Docket No. 95-0294-UCR. Consideration of Examiner's Memorandum and Order concerning the application of Big Lakes Utilities, Inc. to increase retail sewer rates in Sabine County, Texas. Applicant provides retail sewer service to approximately 32 customers. Recommendation: Adoption of agreement of parties. (Cecile Hanna)

Adopt Examiners Memorandum and Issue Order, PR/RM

Item 11. Docket No. 95- 0353- IWD. Consideration of Examiner's Memorandum concerning the applications of Citgo Petroleum Corporation for Permit No. 03738 to authorize the discharge of intermittent variable volumes of stormwater and washwater in Harris County, Texas and Segment No. 1016 of the San Jacinto River Basin. Recommendation: Issuance of permit. (MIKE ROGAN)

Adopt Examiners Memorandum and Issue Permit, PR/RM

CONTESTED (Municipal Solid Waste Enforcement)

Item 12. Docket No. 95- 0700- MSW- E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of City of Lubbock; Permit No. 0069; (Shepherd/McCollum)

Issue Agreed Order, PR/JH

CONTESTED (Municipal Waste Discharge Enforcement)

Item 13. Docket No. 95- 0705- MWD- E. Consideration of a Texas Natural Resource Conservation Commission Agreed Order Assessing Administrative Penalties and Requiring Certain Actions of Victor Botrie, TNRCC Permit No. None. (Roxanne Cook/Kathy Keils)

Issue Agreed Order, PR/RM

CONTESTED (Industrial Hazardous Waste Enforcement)

Item 14. Docket No. 95- 0675- IHW- E. Consideration of an Agreed Order Assessing Administrative Penalties and Requiring Certain Actions of Quantum Tech, Inc. (formerly Environ Tech, Inc.) for alleged violations of the Texas Health and Safety Code Ann., Chapter 361 (Vernon 1992 and Supp. 1994), the Texas Water Code, Chapter 26 (Vernon 1988 and Supp. 1994), and the TNRCC rules. (Glenn Hall)

Issue Agreed Order, PR/RM

Item 15. Docket Number 95- 0676- IHW- E. Consideration of an Agreed Order in the matter of Chaparral Steel requiring certain actions under the Solid Waste Disposal Act, Tex. Health and Safety Code Ann. Chapter 361, the Texas Water Code, TEX. WATER CODE ANN. Chapter 26, the Texas Clean Air Act, TEX. HEALTH & SAFETY CODE ANN., Chapter 382, and the rules of the TNRCC. (Glenn Hall/Raui Rao)

Continued to July 5, 1995

Item 16. Docket No. 95- 0099- IHW- E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Texas Ecologists, Inc.; Solid Waste Registration No. 39023 (Sally Jo Hahn/Mohammed Moheeth)

Issue Agreed Order, PR/RM

CONTESTED (Petition for Rulemaking)

Item 17. Docket Number 95- 0719- AIR. Consideration of petitions for rulemaking for amendment of 30 TAC Chapter 115, Subchapter B, Sections 131- 139 regarding General Volatile Organic Compound Sources (Water Separation); and consideration for adoption of a proposed stay of enforcement of these sections. Approval of these petitions would begin rulemaking to establish an exemption from control for certain smaller VOC/water separators. The current rule requires compliance by May 31, 1995, and approval of the proposed stay would postpone required compliance until the completion of any rulemaking. (Randy Hamilton 239- 1512).

Approve Petition for rulemaking, PR/RM

EXECUTIVE SESSION

Item 18. Docket No. 95-0729-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 19. Docket No. 95-0730-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.

ADDENDUM TO AGENDA

Wednesday, May 10, 1995

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

11:00 a.m.

Room 201S, Bldg E

12118 N. Interstate 35

Docket No. 95-0699-RUL. was previously scheduled for May 3, 1995, but is being rescheduled to May 10, 1995.

Item 20. 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)

Adopt Rules as recommended by staff, with changes as recommended by Chairman Hall, JH/RM. Pam Reed Voted against.

OLD BUSINESS

Wednesday, May 10, 1995

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

11:00 a.m.

Bldg E. Room 201S

12118 N. Interstate 35

Item carried forward from agenda of April 12, 1995.

Item 1. 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)

Issue Agreed Order, JH/RM

EMERGENCY ADDENDUM TO AGENDA

Wednesday, May 10, 1995

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

11:30 a.m.

Room 201S, Bldg E.

12118 N. Interstate 35

Item 1. Docket No. 95-0836-EXE. The Texas Natural Resource Conservation Commission will meet in closed session to discuss (1) 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, and (2) legal matters with respect to the contracts between the TNRCC and Tejas Testing Technology One, L.C., Tejas Testing Technology Two, L.C., and Marta Technologies. The authority for the closed session is Section 551.071 of the Open Meetings Act, Chapter 551 of the Government Code. Concerning the need for the emergency addition to the agenda, new legislation on the same subject as the contracts was enacted on May 1, 1995. Tejas Testing sued the following day, May 2, 1995. A temporary injunction hearing is scheduled for May 16, 1995. Recent developments in the litigation and discussions with opposing counsel create a situation in which there is an immediate need for the Commission to be briefed by counsel on its options and in which immediate action may be required of the Commission. The Commission will convene the closed session and consult with counsel on the need for immediate action related to the matters described above. The Act requires the Commission to reconvene in open session prior to taking any vote or making decisions. The Commission may meet in open session to take official action concerning these matters.

No Action Taken

Unforeseeable recent developments in the litigation and discussions with opposing counsel create a situation in which there is an immediate need for the Commission to be briefed by counsel.