MCBEE
MARQUEZ
BAKER

AGENDA

Wednesday, September 20, 1995

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

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


UNCONTESTED (District Matters)

Item 1. DOCKET NO. 95- 0854- DIS. CONSIDERATION OF A PROPOSED ORDER ACTING ON THE APPLICATION BY HARRIS COUNTY WATER CONTROL & IMPROVEMENT DISTRICT NO. 155 FOR APPROVAL OF $1,850,000 UNLIMITED TAX BONDS, FOURTH ISSUE, 7.69% NET EFFECTIVE INTEREST RATE, SERIES 1995. For Commission consideration. Applicant requests approval of a bond issue to finance a portion of the costs for the Southern Pacific Railroad (SPR) Bridge over Fairfield Channel "A", Channel "A" Excavation, and storm water pumping during construction of bridges over Channel "A". (Robert Ferguson)

Approved, BM/JB

Item 2. DOCKET NO. 95- 0683- DIS. CONSIDERATION OF A PROPOSED ORDER ACTING ON THE APPLICATION BY HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 346; $1,810,000 UNLIMITED TAX BOND ISSUE, FIRST ISSUE, 7.68% NET EFFECTIVE INTEREST RATE, SERIES 1995. For Commission consideration. Applicant requests approval of a bond issue to finance District's share of costs related to land acquisition, purchase of wastewater capacity, construction of Joint Water plant, and construction of water, wastewater & drainage facilities to serve land within the District. (Robert Ferguson)

Approved, BM/JB

Item 3. DOCKET NO. 95- 0466- DIS. CONSIDERATION OF A PROPOSED ORDER ACTING ON THE APPLICATION BY CORNERSTONES MUNICIPAL UTILITY DISTRICT OF HARRIS & FORT BEND COUNTIES; $3,180,000 UNLIMITED TAX BOND ISSUE, THIRD ISSUE, 8.17% NET EFFECTIVE INTEREST RATE, SERIES 1995; For Commission consideration. Applicant requests approval of a bond issue to finance District's share of costs for the rehabilitation of wastewater lines (Phase I) and water, wastewater, & drainage improvements in various sections within the District. (Robert Ferguson)

Approved, BM/JB

Item 4. DOCKET NO. 95- 0694- DIS. CONSIDERATION OF A PROPOSED ORDER ACTING ON AN APPLICATION BY HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 360 FOR APPROVAL OF $3,250,000 UNLIMITED TAX BONDS, SECOND ISSUE, 7.64% NET EFFECTIVE INTEREST RATE, SERIES 1995. For Commission consideration. Applicant requests approval of a bond issue to finance a wastewater treatment, interim detention improvements - small ditch and pump, and water, wastewater and drainage facilities for Longwood Village Section 2 and Section 3 offsite. (Robert Ferguson)

Approved, BM/JB

UNCONTESTED (Utility Matter)

Item 5. Docket No. 95- 1336- UCR. Consideration of the application of Tanglewood Water Company, Inc. to acquire facilities from Tanglewood Resort Properties, Inc. and to obtain a sewer CCN No. (20797) in Grayson County, Texas. (Application # 30369- C, Roy E. Roberts)

Approve Issuance of CCN, RM/JB

CONTESTED (Authorization to Construct)

Item 6. Docket No. 95-1358-MWD. Consideration of Harris County Utility District No. 5 request for authorization to construct sludge processing equipment in accordance with Texas Water Code [[section]] 26.027(c). (Alexandre Bourgeois)

Approve Authorization to Construct, RM/BM

CONTESTED (Municipal Waste Discharge Enforcement)

Item 7. Docket No. 95- 0926- MWD- E. Consideration of a Default Order Assessing Administrative Penalties and Requiring Certain Actions of Daniel F. Lynch d/b/a Valley Ridge Estates Mobile Home Park, No Permit, for violating Section 26.121 of the Texas Water Code. (Kathy Keils/Michael Meyer).

Issue Default Order, RM/JB

Item 8. Docket No. 95- 1114- MWD- E. Consideration of a Default Order Assessing Administrative Penalties and Requiring Certain Actions of Aquila Realty Fund I, Inc., Permit No. 13617- 001 for violating Section 26.121 of the Texas Water Code, 30 Texas Administrative Code Chapter 325, and Permit No. 13617- 001. (Kathy Keils/Pam Campbell).

Issue Default Order, RM/JB

CONTESTED (Solid Waste Registration Enforcement)

Item 9. Docket No. 94- 0204- SWR- E. Consideration of a TNRCC Agreed Order assessing administrative penalties and requiring certain actions of Chevron U.S.A., Inc. (Raymond C. Winter).

Issue Agreed Order, RM/BM

CONTESTED (Petroleum Storage Tank Enforcement)

Item 10. Docket No. 95- 1205- 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 Ms. Mayola E. Lasater.; Enforcement Identification No. E11171. (Sushil Modak)

Approved, RM/BM

Item 11. Docket No. 95- 1216- 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 U.S. Business, Inc.; Enforcement Identification No. E10977. (Srini Kusumanchi)

Approved, RM/BM

Item 12. Docket No. 95- 1217- PST- E. Consideration of a TNRCC Agreed Order purusant 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 Shell Oil Company.; Enforcement Identification No. 1200005. (Craig Carson)

Approved, RM/BM

Item 13. Docket No. 95- 1218- 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 Danny's Enterprises, Inc.; Enforcement Identification No. 1200001. (Craig Carson)

Approved, RM/BM

Item 14. Docket No. 95- 1219- 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 FM Express Food Mart, Incorporated.; Enforcement Identification No. 1200002. (Craig Carson)

Approved, RM/BM

Item 15. Docket No. 95- 1215- 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 Mr. Frank Daredia.; Enforcement Identification No. 11063. (Sushil Modak)

Approved, RM/BM

Item 16. Docket No. 95- 1221- 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 Grozier & Mann, Enforcement Identification No. 11137. (Jaime Lopez)

Approved, RM/BM

Item 17. Docket No. 95- 1220- 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 Shell Oil Company.; Enforcement Identification No. 1200003. (Craig Carson)

Approved, RM/BM

Item 18. Docket No. 95- 1204- 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 Bolm Estate.; Enforcement Identification No. 10961. (Sushil Modak)

Approved, RM/BM



Item 19. Docket No. 95- 1222- 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 Mr. Chehade Boulos.; Enforcement Identification No. 1200006. (Craig Carson)

Approved, RM/BM

Item 20. Docket No. 95- 1247- 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 Horkey Oil Company, Inc.; Enforcement Identification No. 10944. (Mark Norman)

Approved, RM/BM

Item 21. Docket No. 95- 1206- 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 Mr. Serafin Quinroga, Jr.; Enforcement Identification No. E11088. (Sushil Modak)

Approved, RM/BM

Item 22. Docket No. 95- 0899- 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 Swanee International Corporation.; Enforcement Identification No. 1200004. (Craig Carson)

Approved, RM/BM

Item 23. Docket No. 95- 1246- 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 Mr. Frank Migl.; Enforcement Identification No. 11060. (Srini Kusumanchi)

Approved, RM/BM

Item 24. Docket No. 95- 1263- 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 Mr. Roy Mercer.; Enforcement Identification No. 10930. (Mark Norman)

Approved, RM/BM

Item 25. Docket No. 95- 1248- 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 Federal Express Corporation.; Enforcement Identification No. 10984. (Mark Norman)

Approved, RM/BM

Item 26. Docket No. 95- 1207- 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 Mr. Serafin Quinroga.; Enforcement Identification No. E11087. (Sushil Modak)

Approved, RM/BM

Item 27. Docket No. 95- 1214- 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 L & F Distributors.; Enforcement Identification No. 10979. (Mark Norman)

Approved, RM/BM

Item 28. Docket No. 95- 1211- 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 Soil Solutions, L.L.P.; Enforcement Identification No. 11022. (Mark Norman)

Approved, RM/BM

Item 29. Docket No. 95- 1213- 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 Sac- N- Pac Stores.; Enforcement Identification No. 10456. (Srini Kusumanchi)

Approved, RM/BM



Item 30. Docket No. 95- 1208- 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 Jayfield Investments Corporation.; Enforcement Identification No. 11102. (Sushil Modak)

Approved, RM/BM

Item 31. Docket No. 95- 1209- 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 U- Serve Enterprises.; Enforcement Identification No. E11092. (Sushil Modak)

Approved, RM/BM

Item 32. Docket No. 95- 1212- 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 Bunch Oil Company, Inc.; Enforcement Identification No. 10933. (Sushil Modak)

Approved, RM/BM

Item 33. Docket No. 95- 1129- PST- E. Consideration of a TNRCC Default Order assessing administrative penalties and requiring certain actions of J.M. Craven, Craven Truck Center. (Raymond C. Winter).

No Action Required

Item 34. Docket No. 94- 0269- PST- E. Consideration of a TNRCC Default Order assessing administrative penalties and requiring certain actions of Mr. William Biscamp and Ms. Annette Butler. (Raymond C. Winter).

Issue Default Order, JB/RM



CONTESTED (RULE)

Item 35. Docket No. 95- 1357- RUL. Consideration for adoption of amendments to Sections 290.38- 290.50, concerning Rules and Regulations for Public Water Systems; and new 30 TAC Chapter 290, Section 290.121, concerning Drinking Water Standards Governing Drinking Water Quality and Reporting Requirements for Public Water Systems. If adopted, these rules would meet the requirements of recent state legislation regarding plumbing requirements and new federal rules governing surface water treatment. The proposed rules were published in the June 13, 1995 issue of the Texas Register (20 TexReg 4324). (James Pope/239- 6055).

Adopt Amendments as recommended by staff, RM/BM

CONTESTED (Hearing Examiner's Items)

Item 36. Docket No. 95- 0873- UCR. Consideration of Examiner's Memorandum and Order concerning the application of Speer Properties, Inc. for a Certificate of Convenience and Necessity to provide water service in Chambers County, Texas. Recommendation: Adoption of agreement of parties. (Mike Rogan)

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

Item 37. Docket No. 95- 1313- UCR. Consideration of Examiner's Memorandum and Order concerning the Petition of Steven White dba White Bros, Farm; J. M. Frost, III; Ford J. Frost and Devers Canal Rice Producers Association, Inc. against Trinity Water Reserve, Inc. Devers Canal System to review wholesale water rates in Liberty, Chambers and Jefferson Counties, Texas. Recommendation: Dismissal per agreement of parties. (Elizabeth Todd)

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

Item 38. Docket No. 95- 0579-MWD. Consideration of Examiner's Memorandum concerning the application of Deercreek Waterworks, Inc. for Permit No. 13759- 01 to authorize the disposal by irrigation of 132,000 gpd of treated domestic wastewater effluent in Parker County, Texas, and Segment No. 0831 of the Trinity River Basin. Applicant also seeks a variance from the buffer zone requirement pursuant to 30 TAC Section 309.13 (e) (1) (B). Recommendation: Issuance of Permit (Linda Sorrells)

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

Item 39. Docket No. 94- 0382- PST. Consideration of Examiner's Proposal for Decision and Order concerning the application of DMJ of Anahuac, Inc. for reimbursement from the Petroleum Storage Tank Remediation Fund for removal activities associated with underground storage tanks located in Anahuac, Chambers County, Texas. Recommendation: Denial of Reimbursement. (Cecile Hanna)

Adopt Examiner's Proposal for Decision and Issue Order, RM/JB

Item 40. Docket Number 95- 0348- MWD. Consideration of Examiner's Proposal For Decision and Order concerning the application of Harris County MUD #360 for Permit No. 13753- 001 to authorize the discharge of 800,000 gpd of treated domestic wastewater effluent in Harris County, Texas and Segment No. 1009 of the San Jacinto River Basin. Recommendation: Issuance of permit. (Mike Rogan)

Adopt Examiner's Proposal for Decision with changes as recommended by Chairman, BM/RM

EXECUTIVE SESSION

Item 41. Docket No. 95-1377-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 42. Docket No. 95-1378-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, September 20, 1995

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

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


Item 43. Docket No. 95-1391-AIR. Consideration of proposed modifications to Agreed Order No. 94-22 regarding Simpson Pasadena Paper Company, authorizing changes in emissions of Sulfur Dioxide at its paper mill located in Pasadena, Harris County. (Rod Johnson)

Approve Staff Recommendation, RM/BM


OLD BUSINESS AGENDA

Wednesday, September 20, 1995

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

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


Item carried forward from Agenda of August 23, 1995.

Item 1. 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)

Approved, RM/BM

Item carried forward from Agenda of August 23, 1995.

Item 2. 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)

Approved, RM/BM

Item carried forward from Agenda of August 23, 1995.

Item 3. 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)

Approved, RM/BM

Item carried forward from Agenda of August 23, 1995.

Item 4. 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)

Approved, RM/BM



Item carried forward from Agenda of September 6, 1995.

Item 5. Docket No. 95-1282-RPT. A report to Commission on the Title V Planning Committee recommendations with regard to the Federal Operating Permit Program in Texas. The Title V Planning Committee, a consortium of industry members, consultants, and lawyers affected by Title V, have been meeting since May 18, 1995, with the goal of streamlining the requirements of the Federal Operating Permit Program in Texas. Members of the Office of Policy and Regulatory Development, Field Operations, Legal Services and the Operating Permits Division have served in the limited capacity of a technical resource for the Committee. (Shannon)

Remand to Staff

Item carried forward from Agenda of September 13, 1995.

Item 6. Docket No. 95-1354-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, and Tejas Technology Two, 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 September 27, 1995