MCBEE
REED
MARQUEZ
AGENDA

Wednesday, August 23, 1995

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.
Room 201S, Bldg E.
12118 N. Interstate 35


UNCONTESTED (District Matters)

Item 1. Docket No. 95- 0406- DIS. CONSIDERATION OF A PROPOSED ORDER ACTING ON THE APPLICATION BY LAKEWAY MUNICIPAL UTILITY DISTRICT OF TRAVIS COUNTY FOR APPROVAL TO LEVY A STANDBY FEE. For Commission consideration. Applicant requests approval of annual standby fees of $36 per lot for available water service and $72 per lot for available wastewater service to supplement its operation and maintenance account. (Robert Ferguson)

Approved, PR/RM


Item 2. Docket No. 95- 0949- DIS. CONSIDERATION OF A PROPOSED ORDER APPROVING THE APPLICATION BY TRAVIS COUNTY WATER CONTROL AND IMPROVEMENT DISTRICT NO. 17 FOR APPROVAL OF AN IMPACT FEE. For Commission consideration. Applicant requests Commission approval of an amended impact fee of $2,700 per equivalent single family connection (ESFC) for new connections to its water system. (Robert Ferguson)

Reamand to Office Hearings Examiner

Item 3. Docket No. 95-0630-DIS. CONSIDERATION OF A PROPOSED ORDER REGARDING AN APPLICATION BY JIM HOGG COUNTY WATER CONTROL & IMPROVEMENT DISTRICT NO. 2 FOR APPROVAL OF $325,000 REVENUE BONDS, FIFTH ISSUE, 5.25% NET EFFECTIVE INTEREST RATE, SERIES 1995. For Commission consideration.Applicant requests approval of a bond issue to finance construction costs of the expansion and improvements to the District's wastewater treatment plant. (Robert Ferguson)

Approved, PR/RM


Item 4. Docket No. 95-1159-DIS. CONSIDERATION OF A PROPOSED ORDER APPROVING THE APPLICATION BY LLANO COUNTY MUNICIPAL UTILITY DISTRICT NO. 1 FOR APPROVAL OF AMENDMENT TO COMMISSION ORDER DATED JULY 6, 1995 AUTHORIZING THE ISSUANCE OF $997,000 IN BONDS IN LIEU OF THE APPROVED $977,000 IN REVENUE BONDS. For Commission consideration. The District's application requests Commission approval of a bond amendment for the District's bonds to finance a wastewater collection system to serve Sandy Harbour and pay a connection fee to Lake LBJ MUD. (Robert Ferguson)

Approved, PR/RM

Item 5. Docket No. 95-0737-DIS. CONSIDERATION OF A PROPOSED ORDER APPROVING THE APPLICATION BY HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 173 FOR APPROVAL OF $3,590,000 UNLIMITED TAX BOND ISSUE, 8.19% NET EFFECTIVE INTEREST RATE, SERIES 1995, SECOND ISSUE. For Commission consideration. Applicant requests approval of the issuance of $3,590,000 in unlimited tax bonds to finance the purchase of District utility facilities. (Robert Ferguson)

Approved, PR/RM

Item 6. Docket No. 95-0608-DIS. CONSIDERATION OF PROPOSED ORDER APPROVING THE APPLICATION BY CYPRESS FOREST PUBLIC UTILITY DISTRICT OF HARRIS COUNTY FOR APPROVAL OF A $1,500,000 UNLIMITED TAX AND REVENUE BOND ISSUE, SEVENTH ISSUE, 7.00% NET EFFECTIVE INTEREST RATE, SERIES 1995. For Commission consideration. Applicant requests that the Commission Approve a $1,500,000 Unlimited Tax and Revenue Seventh Bond Issue to fund expansion of District facilities. (Robert Ferguson)

Approved, PR/RM

Item 7. Docket No. 94-0708-DIS. CONSIDERATION OF A PROPOSED ORDER APPROVING THE APPLICATION BY BRUSHY CREEK MUNICIPAL UTILITY DISTRICT OF WILLIAMSON COUNTY FOR APPROVAL OF $9,150,000 UNLIMITED TAX AND REVENUE BONDS, FOURTH ISSUE, 6.73% NET EFFECTIVE INTEREST RATE, SERIES 1995. For Commission consideration. Applicant requests approval of a bond issue to finance water supply improvements, water transmission lines, major wastewater collection improvements, and subdivision utilities, some in part pursuant to a court judgement. (Robert Ferguson)

Approved, PR/RM


UNCONTESTED (Water Utility Matters)

Item 8. Docket No. 95- 1147- UCR. Consideration of the application of Westridge Water Supply Corporation to Transfer Water CCN No. 12602 from American Heritage Resorts, Inc. dba Westridge Water Company in Washington County, Texas. (Application # 30111- S, Albert Holck)

Approved, RM/BM

Item 9. Docket No. 95- 1181- UCR. Consideration of the application of Russell Bros. Cattle Company dba Ville d'Alsace Water Supply Company for a Water Certificate of Convenience and Necessity in Medina County, Texas. (Application # 30725- C, Albert Holck)

Approved, RM/RM

Item 10. Docket No. 95- 1178- UCR. Consideration of the application of Suburban Utilities Company, Inc. to Transfer Water CCN No. 10912 from D.R. Satterwhite, Mark Shelton, and Bill Bloomer dba Mohawk Water Company; Amend CCN No. 11943; Cancel Water CCN No. 10912 in Johnson and Tarrant Counties, Texas.(Application # 30732- S, Dean Pollard)

Approved, RM/BM

UNCONTESTED (Underground Injection Control Permits)

Item 11. Docket No. 95-1191-UIC. Consideration of an application by EVEREST EXPLORATION, INC. for an amendment to the production area authorization for Production Area No. 6 under existing Permit No. UR02381-061 at its Mt. Lucas in situ uranium mine site. The proposed amendment would revise restoration values for calcium, magnesium, potassium, bicarbonate, sulfate, fluorite, TDS, alkalinity, arsenic, manganese, selenium, uranium, molybdenum and radium-226. The proposed values will not change the use category of the water. Prior to mining, the water in the production area was used for livestock. Everest Exploration, Inc. has met the following criteria set forth in 30 TAC 331.107(f)(2) for an amendment to restoration table values: a) reasonable efforts have been taken by the company to restore the aquifer; b) the formation water in the aquifer is suitable for any use to which it was suitable prior to mining; and c) further restoration efforts would consume energy, water, or other natural resources of the state without providing a corresponding benefit to the state. The Mt. Lucas site is approximately 35 miles northwest of Corpus Christi, Texas in southern Live Oak County. The production zone is in the Goliad Formation at a depth of 540 to 640 feet or approximately 340 to 440 feet below mean sea level. (John Santos)

Continued to August 30, 95

Item 12. Docket No. 95-1192-UIC. Consideration of an application by EVEREST EXPLORATION, INC. for an amendment to the production area authorization for Production Area No. 8 under existing Permit No. UR02381-081 at its Mt. Lucas in situ uranium mine site. The proposed amendment would revise restoration values for calcium, magnesium, potassium, bicarbonate, sulfate, fluorite, alkalinity, arsenic, manganese, uranium, molybdenum and radium-226. The proposed values will not change the use category of the water. Prior to mining, the water in the production area was used for livestock. Everest Exploration, Inc. has met the following criteria set forth in 30 TAC 331.107(f)(2) for an amendment to restoration table values: a) reasonable efforts have been taken by the company to restore the aquifer; b) the formation water in the aquifer is suitable for any use to which it was suitable prior to mining; and c) further restoration efforts would consume energy, water, or other natural resources of the state without providing a corresponding benefit to the state. The Mt. Lucas site is approximately 35 miles northwest of Corpus Christi, Texas in southern Live Oak County. The production zone is in the Goliad Formation at a depth of approximately 525 feet. (John Santos)

Continued to August 30, 95

Item 13. Docket No. 95-1193-UIC. Consideration of an application by INTERCONTINENTAL ENERGY CORPORATION for an amendment to the production area authorization for Production Area No. 1 under existing Permit No. UR02108-011 at its Zamzow in situ uranium mine site. The proposed amendment would revise restoration values for sodium, carbonate, bicarbonate, fluorite, pH, conductivity, alkalinity, arsenic, uranium, molybdenum, ammonia and radium-226. The proposed values will not change the use category of the water. Prior to mining, the water in the production area was used for livestock. Intercontinental Energy Corporation has met the following criteria set forth in 30 TAC 331.107(f)(2) for an amendment to restoration table values: a) reasonable efforts have been taken by the company to restore the aquifer; b) the formation water in the aquifer is suitable for any use to which it was suitable prior to mining; and c) further restoration efforts would consume energy, water, or other natural resources of the state without providing a corresponding benefit to the state. The Zamzow site is approximately eight (8) miles east of Three Rivers, Texas in southern Live Oak County. The production zone is in the Oakville Sand at a depth of 135 to 225 feet or approximately 65 to 130 feet below sea level. (John Santos)


Continued to September 27, 95

UNCONTESTED (Class 2 Modification to Industrial Hazardous
Waste Permits)


Item 14. Docket No. 95-1190-IHW. Consideration of an application by HOECHST CELANESE CHEMICAL GROUP, INC. for Class 2 Modification to Compliance Plan No. CP-50200 in accordance with 30 TAC Section 305.69. The compliance plan modification will authorize the following: (1) elimination of the requirement for pumping of water from the Perched Water Zone, (2) plugging of recovery wells that are no longer needed, and (3) modification to the Monitoring Program. The facility is located on approximately 650 acres at the intersection of Highway 60 and FM 2300, approximately 5 miles southwest of Pampa in Gray County, Texas. (Kari Bourland)

Approved, BM/PR

UNCONTESTED (Advisory Committee Appointment)

Item 15. Docket No. 95-1167-MSW. Consider seven appointments to the Used Oil Grant Program Advisory Committee. (Gary Trim)

Continued to August 30, 95

UNCONTESTED (Resolution)

Item 16. Docket No. 95-1232-RES. Consideration of a resolution authorizing the Executive Director, without formal Commission consent, to enter into receivable contracts and payable contracts for budgeted expenditures that do not exceed $1,000,000.00. (Katherine Marvin)

Continued to August 30, 95

CONTESTED (Superfund)

Item 17. Docket No. 95- 1188- SPF. CONSIDERATION OF AN ADMINISTRATIVE ORDER TO CONDUCT REMEDIAL DESIGN/REMEDIAL ACTION AND POST- CLOSURE ACTIVITIES AT THE SONICS INTERNATIONAL, INC., STATE SUPERFUND SITE IN RANGER, EASTLAND COUNTY, TEXAS. (Jim Sher)

Approve Order as Recommended by Staff, RM/PR

CONTESTED (Sludge Permits)

Item 18. Docket No. 95- 1151- SLG. Consideration of the appeal by Craig and Gwenda Reddehase of the Executive Director's decision on the approval of the sludge registration number 710703 of Magna-Flow International, Inc. in Harris County, Texas. (Paul Curtis)

Deny Appeal of Craig and Gwenda Reddehase concerning Sludge Registration Number 710703, PR/BM

CONTESTED (Temporary Order)

Item 19. Docket No. 95- 1200- MWD. CONSIDERATION OF LAUGHLIN ENVIRONMENTAL, INC.'s request for a temporary order to discharge treated water treatment plant effluent from the City of Houston East Water Purification Plant. (Helen Stovall Gilbert)

Issue Temporary Order, BM/PR

CONTESTED (Air Quality)

Item 20. DOCKET NO. 95- 1226- AIR. CONSIDERATION OF AGREED ORDER REGARDING MITCHELL ENERGY AND DEVELOPMENT CORPORATION'S EMISSION REDUCTIONS FROM THE SHUTDOWN OF EMISSION POINTS AT THE PINEHURST FACILITY NEAR MAGNOLIA, TEXAS. (Jim Dobbs)

Issue Agreed Order, PR/BM

Item 21. DOCKET NO. 95- 1227- AIR. CONSIDERATION OF AGREED ORDER REGARDING THE DALLAS MORNING NEWS'S EMISSION REDUCTIONS FROM THE SHUTDOWN AND DEMOLITION OF THE DALLAS TIMES HERALD PRINTING FACILITY IN DALLAS COUNTY, TEXAS. (Jim Dobbs)

Issue Agreed Order, PR/BM

CONTESTED (Municipal Solid Waste Enforcements)

Item 22. Docket No. 95- 0155- MSW- E. Consideration of a TNRCC Agreed Order assessing administrative penalties and requiring certain actions of National Medical Waste of Texas, Inc.; TNRCC Permit No. MSW- 1919, for Air Quality and Municipal Solid Waste violations. (Geoff Petrov)

Issue Agreed Order, PR/RM

Item 23. Docket No. 95-1235-MSW-E. CONSIDERATION OF AGREED ORDER ASSESSING ADMINISTRATIVE PENALTIES AND REQUIRING CERTAIN ACTIONS OF FANNON GARRETT; UNAUTHORIZED SOLID WASTE SITE NO. MSW-35223; LOCATED IN RAINS COUNTY; (SHEPHERD, SPRY)

Issue Agreed Order, PR/RM

Item 24. Docket No. 95-1234-MSW-E. CONSIDERATION OF AGREED ORDER ASSESSING ADMINISTRATIVE PENALTIES AND REQUIRING CERTAIN ACTIONS OF JIM WELLS COUNTY; UNAUTHORIZED SOLID WASTE SITE NO. MSW-33912; LOCATED IN JIM WELLS COUNTY; (SHEPHERD, PIZA)

Issue Agreed Order, PR/RM

CONTESTED (Public Water System Enforcements)

Item 25. Docket No. 95- 1007- PWS- E. CONSIDERATION OF AN AGREED ORDER RESOLVING AN ENFORCEMENT ACTION AGAINST THE CITY OF MIAMI FOR VIOLATIONS OF THE TEXAS HEALTH AND SAFETY CODE, CHAPTER 341, SUBCHAPTER C AND THE RULES OF THE TEXAS NATURAL RESOURCE CONSERVATION COMMISSION; ASSESSING ADMINISTRATIVE PENALTIES AND REQUIRING CERTAIN ACTIONS OF THE CITY OF MIAMI. (Terry Thompson)

Issue Agreed Order, PR/BM

Item 26. Docket No. 95- 0517- PWS- E. CONSIDERATION OF AN AGREED ORDER RESOLVING AN ENFORCEMENT ACTION AGAINST BARKSDALE WATER SUPPLY CORPORATION FOR VIOLATIONS OF THE TEXAS HEALTH AND SAFETY CODE, CHAPTER 341, SUBCHAPTER C AND THE RULES OF THE TEXAS NATURAL RESOURCE CONSERVATION COMMISSION; ASSESSING ADMINISTRATIVE PENALTIES AND REQUIRING CERTAIN ACTIONS OF BARKSDALE WATER SUPPLY CORPORATION. (Terry Thompson)

Issue Agreed Order, PR/BM

Item 27. Docket No. 95- 0512- PWS- E. CONSIDERATION OF AN AGREED ORDER RESOLVING AN ENFORCEMENT ACTION AGAINST GIN WEY LIM D/B/A LIM APARTMENTS FOR VIOLATIONS OF THE TEXAS HEALTH AND SAFETY CODE, CHAPTER 341, SUBCHAPTER C AND THE RULES OF THE TEXAS NATURAL RESOURCE CONSERVATION COMMISSION; ASSESSING ADMINISTRATIVE PENALTIES AND REQUIRING CERTAIN ACTIONS OF GIN WEY LIM D/B/A LIM APARTMENTS. (Terry Thompson)

Issue Agreed Order, PR/BM

Item 28. Docket No. 94-0752-PWS-E. CONSIDERATION OF AN AGREED ORDER RESOLVING AN ENFORCEMENT ACTION AGAINST THE CITY OF EVANT FOR VIOLATIONS OF THE TEXAS HEALTH AND SAFETY CODE, CHAPTER 341, SUBCHAPTER C, THE TEXAS WATER CODE AND THE RULES OF THE TEXAS NATURAL RESOURCE CONSERVATION COMMISSION; ASSESSING ADMINISTRATIVE PENALTIES AND REQUIRING CERTAIN ACTIONS OF THE CITY OF EVANT. (Terry Thompson)

Issue Agreed Order, PR/BM

Item 29. Docket No. 95-1006-PWS-E. CONSIDERATION OF AN AGREED ORDER RESOLVING AN ENFORCEMENT ACTION AGAINST A & P WATER SUPPLY CORPORATION FOR VIOLATIONS OF THE TEXAS HEALTH AND SAFETY CODE, CHAPTER 341, SUBCHAPTER C, THE TEXAS WATER CODE AND THE RULES OF THE TEXAS NATURAL RESOURCE CONSERVATION COMMISSION; ASSESSING ADMINISTRATIVE PENALTIES AND REQUIRING CERTAIN ACTIONS OF A & P WATER SUPPLY CORPORATION. (Terry Thompson)

Issue Agreed Order, PR/BM

Item 30. Docket No. 95- 0886- PWS- E. CONSIDERATION OF AN AGREED ORDER RESOLVING AN ENFORCEMENT ACTION AGAINST THE CITY OF TAYLOR FOR VIOLATIONS OF THE TEXAS HEALTH AND SAFETY CODE, CHAPTER 341, SUBCHAPTER C AND THE RULES OF THE TEXAS NATURAL RESOURCE CONSERVATION COMMISSION; ASSESSING ADMINISTRATIVE PENALTIES AND REQUIRING CERTAIN ACTIONS OF THE CITY OF TAYLOR. (TOM NAPIER)

Issue Agreed Order, PR/BM

Item 31. Docket No. 95- 0942- PWS- E. CONSIDERATION OF AN AGREED ORDER RESOLVING AN ENFORCEMENT ACTION AGAINST WEST JEFFERSON COUNTY MUNICIPAL WATER DISTRICT FOR VIOLATIONS OF THE TEXAS HEALTH AND SAFETY CODE, CHAPTER 341, SUBCHAPTER C AND THE RULES OF THE TEXAS NATURAL RESOURCE CONSERVATION COMMISSION; REQUIRING CERTAIN ACTIONS OF WEST JEFFERSON COUNTY MUNICIPAL WATER DISTRICT.(TERRY THOMPSON)

Issue Agreed Order, PR/BM

Item 32. Docket No. 95- 0227- PWS- E. CONSIDERATION OF AN AGREED ORDER RESOLVING AN ENFORCEMENT ACTION AGAINST THE CITY OF SHERMAN FOR VIOLATIONS OF THE TEXAS HEALTH AND SAFETY CODE, CHAPTER 341, SUBCHAPTER C AND THE RULES OF THE TEXAS NATURAL RESOURCE CONSERVATION COMMISSION; ASSESSING ADMINISTRATIVE PENALTIES AND REQUIRING CERTAIN ACTIONS OF THE CITY OF SHERMAN. (TOM NAPIER)

Issue Agreed Order, PR/BM

Item 33. Docket No. 95-0939-PWS-E. CONSIDERATION OF AN AGREED ORDER RESOLVING AN ENFORCEMENT ACTION AGAINST THE CITY OF PHARR FOR VIOLATIONS OF THE TEXAS HEALTH AND SAFETY CODE, CHAPTER 341, SUBCHAPTER C, THE TEXAS WATER CODE AND THE RULES OF THE TEXAS NATURAL RESOURCE CONSERVATION COMMISSION; ASSESSING ADMINISTRATIVE PENALTIES AND REQUIRING CERTAIN ACTIONS OF THE CITY OF PHARR. (Terry Thompson)

Issue Agreed Order, PR/BM

Item 34. Docket No. 95-1017-PWS-E. CONSIDERATION OF AN AGREED ORDER RESOLVING AN ENFORCEMENT ACTION AGAINST THE CITY OF SUDAN FOR VIOLATIONS OF THE TEXAS HEALTH AND SAFETY CODE, CHAPTER 341, SUBCHAPTER C, THE TEXAS WATER CODE AND THE RULES OF THE TEXAS NATURAL RESOURCE CONSERVATION COMMISSION; ASSESSING ADMINISTRATIVE PENALTIES AND REQUIRING CERTAIN ACTIONS OF THE CITY OF SUDAN. (SHEPHERD)

Issue Agreed Order, PR/BM

Item 35. Docket No. 95-0941-PWS-E. CONSIDERATION OF AN AGREED ORDER RESOLVING AN ENFORCEMENT ACTION AGAINST THE CITY OF ASHERTON FOR VIOLATIONS OF THE TEXAS HEALTH AND SAFETY CODE, CHAPTER 341, SUBCHAPTER C, THE TEXAS WATER CODE AND THE RULES OF THE TEXAS NATURAL RESOURCE CONSERVATION COMMISSION; ASSESSING ADMINISTRATIVE PENALTIES AND REQUIRING CERTAIN ACTIONS OF THE CITY OF ASHERTON. (SHEPHERD)

Issue Agreed Order, PR/BM

Item 36. Docket No. 95-1015-PWS-E. CONSIDERATION OF AN AGREED ORDER RESOLVING AN ENFORCEMENT ACTION AGAINST GALVESTON COUNTY MUNICIPAL UTILITY WATER DISTRICT NO. 1 FOR VIOLATIONS OF THE TEXAS HEALTH AND SAFETY CODE, CHAPTER 341, SUBCHAPTER C, THE TEXAS WATER CODE AND THE RULES OF THE TEXAS NATURAL RESOURCE CONSERVATION COMMISSION; ASSESSING ADMINISTRATIVE PENALTIES AND REQUIRING CERTAIN ACTIONS OF GALVESTON COUNTY MUNICIPAL UTILITY WATER DISTRICT NO. 1. (SHEPHERD)

Issue Agreed Order, PR/BM

CONTESTED (Municipal Wastewater Discharge Enforcement)

Item 37. Docket No. 95- 1156- MWD- E. Consideration of a Texas Natural Resource Conservation Commission Agreed Order Assessing Administrative Penalties and Requiring Certain Actions of West Cedar Creek Municipal Utility District, TNRCC Permit No. 11839- 001. (Mary E. Smith/Guy Henry)

Issue Agreed Order, PR/RM

Item 38. Docket No. 95- 1160- MWD- E. Consideration of a Texas Natural Resource Conservation Commission Agreed Order Assessing Administrative Penalties and Requiring Certain Actions of City of Seadrift in Calhoun County, TNRCC Permit No. 10822- 001. (Mike Meyer/Guy Henry)

Issue Agreed Order, PR/RM

Item 39. Docket No. 95- 1074- MWD- E. Consideration of a Texas Natural Resource Conservation Commission Agreed Order Assessing Administrative Penalties and Requiring Certain Actions of City of Flatonia, TNRCC Permit No. 10101- 001. (Mary E. Smith)

Issue Agreed Order, PR/RM

Item 40. Docket No. 95- 0629- MWD- E. Consideration of an Agreed Order Requiring Certain Actions of The City of Malone for violating Section 26.121 of the Texas Water Code and Water Quality Permit No. 10514- 001. (Kathy Keils)

Issue Agreed Order, PR/RM

Item 41. Docket No. 95-0399-MWD-E. Consideration of a Texas Natural Resource Conservation Commission Agreed Order Assessing Administrative Penalties and Requiring Certain Actions of the City of Texline pursuant to Chapter 26 of the Texas Water Code, Permit No. 11029-01. (Guy Henry/Brian Lehmkuhle)

Issue Agreed Order, PR/RM

Item 42. Docket No. 95-1203-MWD-E. CONSIDERATION OF A TEXAS NATURAL RESOURCE CONSERVATION COMMISSION AGREED ORDER ASSESSING ADMINISTRATIVE PENALTIES AND REQUIRING CERTAIN ACTIONS OF CITY OF THRALL IN WILLIAMSON COUNTY, TNRCC PERMIT NO. 13448-01. (CARLA THOMAS/KATHY KEILS)

Issue Agreed Order, PR/RM

CONTESTED (Industrial Hazardous Waste Enforcements)

Item 43. Docket No. 95- 1134- IHW- E. Consideration of a Default Order Requiring Certain Actions of Reginald Gist and High Tech Plating, SWR No. 39292. (Vic McWherter)

Continued to September 6, 95

Item 44. Docket No. 95- 1135- IHW- E. Consideration of a Default Order Requiring Certain Actions of Rodney Gist and Metal Plating Systems, SWR Nos. 39511 and 80811. (Vic McWherter)

Continued to September 6, 95


CONTESTED (Industrial Solid Waste Enforcements)

Item 45. Docket No. 95- 1139- ISW- E. Consideration of an Agreed Order Assessing Administrative Penalties and Requiring Certain Actions of Texas Bolt Company, S.W.R. No. 30291, for violations of the Solid Waste Disposal Act, TEX. HEALTH AND SAFETY CODE ANN., Chapter 361, and 30 TAC Chapter 335 of the Commission's rules. (Laura Ray)

Issue Agreed Order, BM/PR

CONTESTED (Industrial Waste Discharge Enforcements)

Item 46. Docket No. 95- 1133- IWD- E. Consideration of a Texas Natural Resource Conservation Commission Agreed Order Assessing Administrative Penalties and Requiring Certain Actions of Northwestern Steel and Wire Company, TNRCC Permit No. 03272. (Roxanne Cook/Guy Henry)

Issue Agreed Order, PR/RM

CONTESTED (Air Quality Enforcements)

Item 47. Docket No. 95- 1027- AIR- E. Consideration of a TNRCC Agreed Order assessing administrative penalties and requiring certain actions of Advance Auto World; Account No. EE- 1558- D, for Air Quality violations. (Peter Gregg)

Issue Agreed Order, BM/PR

Item 48. Docket No. 95- 1028- AIR- E. Consideration of a TNRCC Agreed Order assessing administrative penalties and requiring certain actions of Anglo Iron and Metal; Account No. CD- 0163- N, for Air Quality violations. (Paul Sarahan)

Continued to September 20, 95

Item 49. Docket No. 95- 0946- AIR- E. Consideration of a TNRCC Agreed Order assessing administrative penalties and requiring certain actions of B & B Sand Company; Account No. DF- 0297- V, for Air Quality violations. (Lisa Uselton Dyar)

Issue Agreed Order, BM/PR

Item 50. Docket No. 95- 0947- AIR- E. Consideration of a TNRCC Agreed Order assessing administrative penalties and requiring certain actions of Country Motors; Account No. EE- 1594- W, for Air Quality violations. (Peter Gregg)

Issue Agreed Order, BM/PR

Item 51. Docket No. 95- 0948- AIR- E. Consideration of a TNRCC Agreed Order assessing administrative penalties and requiring certain actions of DJLJ Corporation d/b/a Tank Wash USA; Account No. HG- 3448- Q, for Air Quality violations. (Thomas Corwin)

Issue Agreed Order, BM/PR
Item 52. Docket No. 95- 0952- AIR- E. Consideration of a TNRCC Agreed Order requiring certain actions of E.B. Auto Sales; Account No. HG- 9694- D, for Air Quality violations. (Peter Gregg)

Issue Agreed Order, BM/PR

Item 53. Docket No. 95- 0951- AIR- E. Consideration of a TNRCC Agreed Order assessing administrative penalties and requiring certain actions of Davis Iron Works, Incorporated; Account No. MB- 0031- L, for Air Quality violations. (Patricia Hershey)

Issue Agreed Order, BM/PR

Item 54. Docket No. 95- 0950- AIR- E. Consideration of a TNRCC Agreed Order assessing administrative penalties and requiring certain actions of DSI Transports, Incorporated; Account No. JC- 0056- M, for Air Quality violations. (Shannon Kilgore)

Continued to September 20, 95

Item 55. Docket No. 95- 1042- AIR- E. Consideration of a TNRCC Agreed Order requiring certain actions of Dorchester Grain Company, Inc., Account No. MP- 0033- T, for Air Quality violations. (William C. Foster)

Issue Agreed Order, BM/PR

Item 56. Docket No. 95- 0995- AIR- E. Consideration of a TNRCC Agreed Order assessing administrative penalties and requiring certain actions of E & L Chipping Company; Account No. TJ- 0004- J, for Air Quality violations. (Greg Warmink)

Issue Agreed Order, BM/PR

Item 57. Docket No. 95- 1040- AIR- E. Consideration of a TNRCC Agreed Order assessing administrative penalties and requiring certain actions of Exxon Chemical Americas; Account No. HG- 0229- F, for Air Quality violations. (Lisa Uselton Dyar)

Issue Agreed Order, BM/PR

Item 58. Docket No. 95- 0953- AIR- E. Consideration of a TNRCC Agreed Order assessing administrative penalties and requiring certain actions of Exxon Company, U.S.A.; Account No. HG- 0232- Q, for Air Quality violations. (Lisa Uselton Dyar)

Issue Agreed Order, BM/PR

Item 59. Docket No. 95- 0954- AIR- E. Consideration of a TNRCC Agreed Order requiring certain actions of F & D Antique Brick; Account No. HG-5605- K, for Air Quality violations. (Patricia Hershey)

Issue Agreed Order, BM/PR

Item 60. Docket No. 95- 0955- AIR- E. Consideration of a TNRCC Agreed Order assessing administrative penalties and requiring certain actions of Fina Oil and Chemical Company; Account No. HT- 0011- Q, for Air Quality violations. (Thomas Corwin)

Issue Agreed Order, BM/PR

Item 61. Docket No. 95- 0956- AIR- E. Consideration of a TNRCC Agreed Order assessing administrative penalties and requiring certain actions of G & S Automotive Investors; Account No. TA- 2604- N, for Air Quality violations. (Aaron DePass)

Issue Agreed Order, BM/PR

Item 62. Docket No. 95- 1029- AIR- E. Consideration of a TNRCC Agreed Order assessing administrative penalties and requiring certain actions of Hexcel Corporation; Account No. GL- 0017- M, for Air Quality violations. (William C. Foster)

Issue Agreed Order, BM/PR
Item 63. Docket No. 95- 1037- AIR- E. Consideration of a TNRCC Agreed Order assessing administrative penalties and requiring certain actions of Ikard Newsom of El Paso; Account No. EE- 0971- V, for Air Quality violations. (Aaron DePass)

Issue Agreed Order, BM/PR

Item 64. Docket No. 95- 0763- AIR- E. Consideration of a TNRCC Agreed Order assessing administrative penalties and requiring certain actions of Just Transportation; Account No. FG- 0456- D, for air Quality violations. (Peter Gregg)

Issue Agreed Order, BM/PR

Item 65. Docket No. 95- 0961- AIR- E. Consideration of a TNRCC
Agreed Order assessing administrative penalties and requiring certain actions of Koral Industries, Incorporated; Account No. ED- 0013- W, for Air Quality violations. (Walter Ehresman)

Issue Agreed Order, BM/PR

Item 66. Docket No. 95- 0962- AIR- E. Consideration of a TNRCC Agreed Order assessing administrative penalties and requiring certain actions of Liberty Engineering, Incorporated; Account No. CD- 0294- U, for Air Quality violations. (Aaron DePass)

Issue Agreed Order, BM/PR

Item 67. Docket No. 95- 0963- AIR- E. Consideration of a TNRCC Agreed Order requiring certain actions of Madero Used Car; Account No. EE- 1567- C, for Air Quality violations. (Peter Gregg)

Issue Agreed Order, BM/PR

Item 68. Docket No. 95- 0964- AIR- E. Consideration of a TNRCC Agreed Order assessing administrative penalties and requiring certain actions of McGinnes Industrial Maintenance Corporation, Inc.; Account No. GB- 0177- C, for Air Quality violations. (Shannon Kilgore)

Issue Agreed Order, BM/PR

Item 69. Docket No. 95- 0965- AIR- E. Consideration of a TNRCC Agreed Order requiring certain actions of Medical City Dallas Hospital (A Wholly Owned Subsidiary of Columbia- HCA Healthcare Corporation); Account No. DB- 0576- M, for Air Quality violations. (Thomas Corwin)

Issue Agreed Order, BM/PR

Item 70. Docket No. 95- 0966- AIR- E. Consideration of a TNRCC Agreed Order requiring certain actions of The Metal Touch Plating and Bumper Exchange; Account No. BG- 0743- T, for Air Quality violations. (Thomas Corwin)

Issue Agreed Order, BM/PR

Item 71. Docket No. 95- 0967- AIR- E. Consideration of a TNRCC Agreed Order requiring certain actions of Miller's Used Cars; Account No. DF- 0371- L, for Air Quality violations. (Peter Gregg)

Issue Agreed Order, BM/PR

Item 72. Docket No. 95- 1041- AIR- E. Consideration of a TNRCC Agreed Order assessing administrative penalties and requiring certain actions of Olshan Demolishing Co.; Account No. HG- 5651- D, for Air Quality violations. (Patricia Hershey)

Issue Agreed Order, BM/PR

Item 73. Docket No. 95- 1030- AIR- E. Consideration of a TNRCC Agreed Order assessing administrative penalties and requiring certain actions of P.D. Glycol, A Joint Venture Co- Owned and Operated by Occidental Chemical Corporation; Account No. JE- 0049- K, for Air Quality violations. (Greg Warmink)

Issue Agreed Order, BM/PR

Item 74. Docket No. 95- 0999- AIR- E. Consideration of a TNRCC Agreed Order requiring certain actions of Phipps River City Plating; Account No. BG- 0712- H, for Air Quality violations. (Aaron DePass)

Issue Agreed Order, BM/PR

Item 75. Docket No. 95- 0968- AIR- E. Consideration of a TNRCC Agreed Order assessing administrative penalties and requiring certain actions of Don Potts, Individually (Formerly d/b/a Wedgwood Citgo); Account No. TA- 2681- S, for Air Quality violations. (Patricia Hershey)

Issue Agreed Order, BM/PR

Item 76. Docket No. 95- 0969- AIR- E. Consideration of a TNRCC Agreed Order assessing administrative penalties and requiring certain actions of Prestige Metal Plating; Account No. BG- 0741- A, for Air Quality violations. (William C. Foster)

Issue Agreed Order, BM/PR

Item 77. Docket No. 95- 1031- AIR- E. Consideration of a TNRCC Agreed Order assessing administrative penalties and requiring certain actions of Quality Auto Sales; Account No. FG- 0183- P, for Air Quality violations. (Peter Gregg)

Issue Agreed Order, BM/PR

Item 78. Docket No. 95- 0972- AIR- E. Consideration of a TNRCC Agreed Order assessing administrative penalties and requiring certain actions of RF Monolithics, Incorporated; Account No. DB- 1857- R, for Air Quality violations. (Aaron DePass)

Issue Agreed Order, BM/PR

Item 79. Docket No. 95- 0973- AIR- E. Consideration of a TNRCC Agreed Order requiring certain actions of Rio Rosas Auto Sales; Account No. EE- 1596- S, for Air Quality violations. (Peter Gregg)

Issue Agreed Order, BM/PR

Item 80. Docket No. 95- 1000- AIR- E. Consideration of a TNRCC Agreed Order requiring certain actions of River City Metal Finishing; Account No. BG- 0732- B, for Air Quality violations. (Aaron DePass)

Issue Agreed Order, BM/PR

Item 81. Docket No. 95- 0974- AIR- E. Consideration of a TNRCC Agreed Order requiring certain actions of San Juan Auto Sales; Account No. EE- 1566- E, for Air Quality violations. (Peter Gregg)

Issue Agreed Order, BM/PR

Item 82. Docket No. 95- 0975- AIR- E. Consideration of a TNRCC Agreed Order requiring certain actions of Sign Company; Account No. TA- 0782- C, for Air Quality violations. (Thomas Corwin)

Issue Agreed Order, BM/PR

Item 83. Docket No. 95- 1032- AIR- E. Consideration of a TNRCC Agreed Order assessing administrative penalties and requiring certain actions of Smith Auto; Account No. EE- 1210- A, for Air Quality violations. (Peter Gregg)

Issue Agreed Order, BM/PR

Item 84. Docket No. 95- 0976- AIR- E. Consideration of a TNRCC Agreed Order assessing administrative penalties and requiring certain actions of Texas By- Products, Incorporated; Account No. CP- 0061- K, for Air Quality violations. (Walter Ehresman)

Remand to Staff

Item 85. Docket No. 95- 0978- AIR- E. Consideration of a TNRCC Agreed Order assessing administrative penalties and requiring certain actions of Tyson Foods, Incorporated; Account No. SI- 0010- B, for Air Quality violations. (Lisa Uselton Dyar)

Issue Agreed Order, BM/PR

Item 86. Docket No. 95- 0977- AIR- E. Consideration of a TNRCC Agreed Order requiring certain actions of Texas Pan Services, Inc.; Account No. HG- 1471- M, for Air Quality violations. (William C. Foster)

Issue Agreed Order, BM/PR

Item 87. Docket No. 95- 0979- AIR- E. Consideration of a TNRCC Agreed Order assessing administrative penalties and requiring certain actions of Universal Forest Products, Inc.; Account No. JH- 0056- D, for Air Quality violations. (Shannon Kilgore)

Continued to September 20, 95

Item 88. Docket No. 95- 0980- AIR- E. Consideration of a TNRCC Agreed Order assessing administrative penalties and requiring certain actions of Van Leer Flexibles, Inc. (A Wholly- Owned Subsidiary of Royal Packaging Industries, Van Leer, B.V.); Account No. HG- 4503- D, for Air Quality violations. (Thomas Corwin)

Issue Agreed Order, BM/PR

Item 89. Docket No. 95- 0981- AIR- E. Consideration of a TNRCC Agreed Order assessing administrative penalties and requiring certain actions of Venus Marble Company, Inc.; Account No. DB- 1624- T, for Air Quality violations. (Greg Warmink)

Continued to September 20, 95

Item 90. Docket No. 95- 0982- AIR- E. Consideration of a TNRCC Agreed Order assessing administrative penalties and requiring certain actions of Young Brothers, Incorporated; Account No. MB- 0136- T, for Air Quality violations. (Aaron DePass)

Issue Agreed Order, BM/PR

CONTESTED (Rules)

Item 91. Docket No. 95-1175-RUL. Consideration for adoption of an amendment to 30 TAC Chapter 330, Subchapter A, Subsection 330.4(q)(1), Concerning Municipal Solid Waste Material Recovery Facilities. If adopted, this rule will delete one sentence inadvertently included in the rule. The deletion will add the option to qualify for the materials recovery permit exemption by allowing the composting of materials recovered from Type V material recovery facilities. (Wayne Lee)

Approve Staff Recommendation, PR/BM

Item 92. Docket No. 95-1137-RUL. Consideration for adoption of amendments to 30 TAC Chapter 335, Subchapter J, [[section]][[section]]335.325-335.326, concerning the determination of the dry weight of an industrial solid waste and the assessment of fees for underground injection. If approved, the amendments will establish an alternate fee rate for disposal by underground injection of industrial solid wastes which are high in dissolved salt content. The proposal was published in the April 28, 1995 issue of the Texas Register (20 TexReg 3129). (Steve Minick)

Approve Staff Recommendation, PR/BM

Item 93. Docket No. 95-0744-RUL. Consideration for publication and hearing upon proposed amendments to 30 TAC Chapter 116, Subchapter B (concerning New Source Review Permits, Nonattainment Review); amendments to 30 TAC Chapter 117, Subchapter C (concerning Acid Manufacturing), Subchapter D (concerning Administrative Provisions), and Subchapter E (concerning Gas-Fired Steam Generation); consideration for approval to submit a petition to the Environmental Protection Agency requesting an extension of the temporary exemption under Section 182(f) of the Federal Clean Air Act, concerning nitrogen oxides requirements; and revisions to the State Implementation Plan regarding these proposed amendments and petition. The proposed rule changes would repeal or suspend nonattainment new source review requirements, and extend reasonably available control technology compliance dates, for nitrogen oxides in the state's nonattainment areas. (Mike Magee)

Approve Staff Recommendation, PR/BM

Item 94. Docket No. 95-1198-RUL.Consideration for publication of notice of and hearing upon a proposed revision to the State Implementation Plan for the Post-96 Rate-of-Progress for the Houston/Galveston and Beaumont/Port Arthur ozone nonattainment areas. The SIP revision would satisfy the requirements of the Federal Clean Air Act to demonstrate continuing progress toward attainment. (Liz Johnson/Chuck Mueller)

Approve Staff Recommendation, RM/BM

Item 95. Docket No. 95-1115-RUL Consideration for publication and hearing of proposed amendments to 30 TAC Chapter 116, Subchapter F, Section 116.617, concerning Standard Permits List. New paragraph (4) would establish criteria for obtaining a standard air permit for a Municipal Solid Waste Landfill with new, amended, or modified municipal solid waste permits. (Monica Pesek, David Schanbacher)

Continued to September 6, 95

Item 96. Docket No. 95-1230-RUL Consideration for adoption of amendments to 30 TAC Section 305.521 relating to Memorandum of Understanding. This is an emergency proceeding without a previously published rule proposal. If approved, this item would adopt a Memorandum of Understanding between the General Land Office (GLO) and the Texas Natural Resource Conservation Commission (TNRCC) that would make the funds appropriated by the Texas General Appropriations Act for 1996-1997 available to the agencies prior to the new fiscal year. (Dr. Frank Shipley)

Approve Staff Recommendation in part, and Continue Item until August 30, 95, PR/RM

CONTESTED (Miscellaneous Agenda Item)

Item 97. Docket No. 95-1228-MIS. Consideration of a draft document titled, "Implementation of the Texas Natural Resource Conservation Commission Standards Via Permitting". The purpose of this document is to provide the regulated community, general public, and other interested parties with guidance that details the procedures used by the Agency in implementing the Texas Surface Water Quality Standards (30 TAC [[section]]307) into wastewater discharge permits. The revisions are proposed to provide procedures for implementing the new standards effective on July 13, 1995 and to provide current technical guidance that is more clearly written, more flexible, and more comprehensive than previous versions. (Vickie Reat)

Approve Staff Recommendation, PR/RM

CONTESTED (Examiner's Memorandums and Proposals
For Decisions)


Item 98. Docket No. 95- 0670- AGR. Consideration of Examiner's Memorandum concerning the application of Nickey Lane Jones for Permit No. 03773 to authorize disposal of Manure/solids and wastewater from a storage pond on agricultural land from a dairy operation with the maximun of 400 milking head in Comanche County, Texas and Segment No. 1221 of the Brazos River Basin. Recommendation: Issuance of permit. (Alexandre Bourgeois)

Adopt Examiner's Memorandum, PR/RM

Item 99. Docket No. 95- 0584- UCR. Consideration of Examiner's Memorandum and Order concerning the application of Cedar Creek Water Supply to increase retail water rates in Limestone County, Texas. Applicant provides retail water service to approximately 44 customers. Recommendation: Adoption of agreement of parties. (Carol Wood)

Adopt Examiner's Memorandum and Issue Order, PR/RM

Item 100. Docket No. 95- 1150- UCR. Consideration of Examiner's Memorandum and Order concerning the application of Vern Norman dba Somersetshire Estates System to increase retail sewer rates in Brazoria County, Texas. Applicant provides retail sewer service to approximately 38 customers. Recommendation: Adoption of agreement of parties to dismiss application and issue refunds. (Sylvia McClellan)

Adopt Examiner's Memorandum and Issue Order, PR/RM

Item 101. Docket No. 95- 1108- UCR. Consideration of Examiner's Memorandum and Order concerning the application of the City of Los Fresnos for a Certificate of Convenience and Necessity to provide sewer service and an amendment to Certificate of Convenience and Necessity No. 11552 to provide water service in Cameron County, Texas. Recommendation: Adoption of agreement of parties. (Pat Robards)

Adopt Examiner's Memorandum and Issue Order, PR/RM

Item 102. Docket No. 95- 0696- UCR. Consideration of Examiner's Memorandum and Order concerning the application of North Alamo WSC for an Amendment to Certificate of Convenience and Necessity No. 10553 to provide water service in Cameron County, TX Recommendation: Adoption of agreement of parties (Bill Zukauckas)

Adopt Examiner's Memorandum and Issue Order, PR/RM

Item 103. Docket No. 94- 0764- PST. Consideration of Examiner's Proposal for Decision and Order concerning the petition of O. B. Macaroni Company, Inc. (Tarrant County, Texas) for reimbursement from the Commission's PST fund or Petroleum Storage Tank Remediation. Recommendation: Remand and issuance of reimbursement. (Linda Sorrells)

Approve Examiner's Proposal for Decision in part and remand it to the Office Hearing's Examiner, for hearing on the amount of reimbursable cost, RM/PR

Item 104. Docket No. 95- 0296- IHW. Consideration of Examiner's Proposal for Decision and Order concerning the application of Waste Water, Inc. for Permit No. HW- 50325 to authorize the operation of a hazardous waste facility in Brazoria County, Texas. Recommendation: Denial of permit. (Elizabeth Todd)

Adopt Hearings Examiner's Recommendation with regards to issue #2 (relating to authorization by rule), issue #3 (relating to 1099), and issue #4, BM/PR, Ralph Marques opposed.

EXECUTIVE SESSION

Item 105. Docket No. 95-1196-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.

General Counsel will do Agenda

Item 106. Docket No. 95-1197-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.

Continued to August 24 at 2:00 p.m. room 4222

Item 107. Docket No. 95-1265-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, Ralph Marquez, Pam Reed, Dan Pearson, Dan Morales and the Texas Department of Public Safety, 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., and MARTA Technologies, Inc. The authority for the closed session is Section 551.071 of the Open Meetings Act, Chapter 551 of the Government Code. The Act requires the Commission to reconvene in open session prior to taking any vote or making any decision. The Commission may meet in open session to take official action concerning these matters, including action on the contracts.

Continued to August 30, 1995

(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, August 23, 1995

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.
Bldg. E. Room 201S
12118 N. Interstate 35




Item carried forward from agenda of July 26, 1995.

Item 1. Docket No. 95- 0583- SIP. Consideration for adoption of a revision to the State Implementation Plan for Milam County, as required by Section 110(a) of the Federal Clean Air Act. (Sam Wells)

Approve Staff Recommendation, BM/PR

Item carried forward from agenda of July 26, 1995.

Item 2. Docket No. 95- 0485- WR. Consideration of Examiner's Memorandum and Order concerning the application of William C. Nack and John Gee for a permit to impound 1 acre- foot of water in Bandera County, Texas. Recommendation: Dismissal of permit. (Alexandre Bourgeois)

Continued to August 30, 95


ADDENDUM

Wednesday, August 23, 1995

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

8:30 a.m.
Room 201S, Bldg. E
12118 N. Interstate 35




UNCONTESTED (Budget Matters)

Item 108. Docket No. 95-1280-BGT. Consideration of the TNRCC FY 96 Operating Budget. (Bill Campbell)

Continued to August 24, 1995 at 2:00 p.m. in room 4222.