MCBEE
MARQUEZ
BAKER

AGENDA

Thursday, November 16, 1995

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

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



UNCONTESTED (Industrial Hazardous Waste Class 2 Mod)

Item 1. Docket No. 95-1610-IHW. Consideration of an application by ISK BIOSCIENCES CORPORATION - GREENS BAYOU PLANT for a Class 2 Modification to Compliance Plan No. CP-50205 in accordance with 30 TAC Section 305.69. The compliance plan authorizes corrective action and ground-water monitoring at the facility. The compliance plan modification will authorize (a) change of location of recovery and monitoring wells at the Retired Neutralization Ponds Area to improve the performance of the corrective action system and (b) change to compliance plan tables and maps to reflect the relocation of recently installed wells and their identification numbers. The facility is located approximately one mile southeast of the intersection of east Interstate Highway 10 at 2239 Haden Road near Houston, Harris County, Texas. (Kari Bourland)

Issue Class 2 Modification, RM/JB

CONTESTED (Consideration of Hearing Request) (Municipal Waste Discharge Permits)

Item 2. Docket No. 95-1558-MWD. APPLICATION BY MONTGOMERY COUNTY MUNICIPAL UTILITY DISTRICT NO. 15 for an amendment to Permit No. 11395-01 in order to increase the discharge of treated domestic wastewater effluent from a final phase volume not to exceed an average flow of 252,000 gallons per day to a final phase volume not to exceed an average flow of 300,000 gallons per day, and add an interim II phase volume with a discharge not to exceed an average flow of 200,000 gallons per day. The proposed amendment also authorizes a variance to the buffer zone requirements in accordance with 30 TAC Chapter 309.13(e)(1)(A, or B). The permit currently authorizes an interim I phase with a discharge of treated domestic wastewater effluent at a volume not to exceed an average flow of 186,000 gallons per day, which will remain the same. The wastewater treatment facilities are on Gleneagles Drive, approximately 5000 feet north of Needham Road in Montgomery County, Texas. The effluent is discharged into an unnamed tributary; thence to the West Fork San Jacinto River in Segment No. 1004 of the San Jacinto River. The Commission will consider the application and hearing requests which have been filed on the application.

Remand to State Office Administrative Hearing and Return with Proposal for Decision, RM/JB

Item 3. Docket No. 95-1555-MWD. APPLICATION BY GUADALUPE BLANCO RIVER AUTHORITY OF TEXAS for a permit (Proposed Permit No. 10210-002) to authorize a discharge of treated domestic wastewater effluent at a volume not to exceed an average flow of 1,500,000 gallons per day from the Lockhart Wastewater Treatment Plant No. 2. The plant site is on the south side of Farm-to-Market Road 20, approximately 2.5 miles east of the intersection of Farm-to-Market Road 20 and U.S. Highway 183 in Caldwell County, Texas. The effluent is discharged via pipeline to Plum Creek in Segment No. 1810 of the Guadalupe River Basin. The Commission will consider the application and hearing requests which have been filed on the application.

Continued to December 6 1995, JB/BM

Item 4. Docket No. 95-1479-MWD. APPLICATION BY CITY OF MIDLAND for an amendment to Permit No. 10223-01 to authorize an increase in the disposal volume of treated domestic wastewater effluent from 15,000,000 gallons per day average to 21,000,000 gallons per day average. The applicant disposes of treated effluent by irrigation on 5,039 acres of land. The proposed amendment would also authorize a variance to the buffer zone requirements in accordance with 30 TAC Chapter 309.13(e)(1)(B). Application rates for the irrigated land are not to exceed 4.0 acre-feet/acre/year for Site #1 and 5.2 acre-feet/acre/year for Site #2. No discharge of pollutants into the waters of the State is authorized by this permit. The wastewater treatment site and irrigation site are immediately southeast of the intersection of Interstate Highway 20 and State Highway 307 in Midland County, Texas. Irrigation site #1 consists of 2,950 acres of farm land located approximately 7,000 feet southeast of the intersection of Interstate Highway 20 and State Highway 307 in Midland County, Texas. Irrigation site #2 consists of approximately 3,100 acres of land located approximately 16 miles east of the City of Midland in Sections 2, 3, 10, 11, 12, 13, 14, and 15, Block 37, TWP 3-S of the T & P Railroad Company Survey. The public access irrigation lands are located at the Hogan Municipal Golf Course and the Midland Country Club Golf Course. This location is in the drainage area of the Colorado River Below Lake J. B. Thomas in Segment No. 1412 of the Colorado River Basin. The Commission will consider the application and hearing requests which have been filed on the application.

Continued to December 6 1995

CONTESTED (Hearing Request Consideration) (Industrial Waste Discharge Permits)

Item 5. Docket No. 95-1556-IWD. APPLICATION BY DON HINTON for an amendment to Permit No. 02521 to construct additional facilities and to add a term of five years. The permit authorizes the disposal of waste and wastewater from a dairy. The dairy consists of a maximum of 270 dairy cows on an average daily basis. The waste treatment facilities include 3 waste storage ponds (WSP) for washdown water, flushwater and stormwater retention. Wastewater from the ponds is disposed of by irrigation on 79 acres of agricultural land. Manure and solids are applied as fertilizer on agricultural land. No discharge of pollutants into the waters of the State is authorized by this permit. The dairy is on the east side of State Highway 154, approximately 2 miles south of the intersection of State Highway 11 and State Highway 154 in Hopkins County, Texas. The Commission will consider the application and hearing requests which have been filed on the application.

Remand to State Office Administrative Hearing and return with Proposal for Decision, RM/BM

Item 6. Docket No. 95-1554-IWD. APPLICATION BY SMITH CRUSHED STONE, INC. for a permit (Proposed Permit No. 03806) to authorize intermittent flow variable discharges of process wastewater (mine dewatering) and stormwater runoff. The permittee operates a limestone quarry and rock crushing operation. The plant site is at two sites near the City of Tehuacana, Limestone County, Texas. The rock crushing operation is adjacent to County Road (CR) 228 approximately 1/2 mile north of the intersection of CR 228 and CR 234. The mining operation is immediately south of the intersection of CR 228 and CR 234. The effluent from Outfall 001 is discharged overland to a pond; thence to an unnamed tributary of Tehuacana Creek; thence to Tehuacana Creek; thence to the Trinity River Above Lake Livingston in Segment No. 0804 of the Trinity River Basin. The effluent from Outfall 002 is discharged into a ditch; thence to an unnamed tributary of Tehuacana Creek; thence to Tehuacana Creek; thence to the Trinity River Above Lake Livingston, in Segment No. 0804 of the Trinity River Basin. The Commission will consider the application and hearing requests which have been filed on the application.

Deny Hearing Request and Issue Permit, RM/JB

Item 7. Docket No. 95-1552-IWD. APPLICATION BY GERARD HOEKMAN for a permit (Proposed Permit No. 03808) to authorize disposal of waste and wastewater from a dairy which consists of a maximum of 990 head on an average daily basis. Washdown water, flushwater and stormwater are retained in two waste storage ponds. Wastewater from the ponds is disposed of by irrigation on 47 acres of agricultural land. Manure and solids are disposed of as fertilizer on agricultural land. No discharge of pollutants into the waters of the State is authorized by this permit. The dairy is approximately eight miles east of Comanche, Texas, on the north side of Farm-to-Market Road 591; approximately 1.5 miles east of the intersection of Farm-to-Market Road 1476 and Farm-to-Market Road 591 in Comanche County, Texas. The Commission will consider the application and hearing requests which have been filed on the application.

Remand to State Office Administrative Hearing, and return with a Proposal for Decision, BM/RM

Item 8. Docket No. 95-1550-IWD. APPLICATION BY EVEREST EXPLORATION, INC. for renewal of Permit No. 02945 which authorizes the disposal of wastewater (restoration fluids) effluent at a volume not to exceed 288,000 gallons per day average. The effluent is disposed by spray irrigation on 76 acre tract of 105 total acres of land. Application rates for the irrigated land shall not exceed 1.8 acre-feet/acre/year. No discharge of pollutants into the waters of the State is authorized by this permit. The Mount Lucas Project is an in-situ uranium mining facility. The facility which is currently in the post mining period is required to restore the aquifer to defined conditions. The plant site is approximately 3 miles south of the town of Dinero, Live Oak County, Texas. The Commission will consider the application and requests for hearing which have been filed on the application.

Deny Heairng Request and Issue Permit, JB/BM

CONTESTED (Public Water Supply Enforcement)

Item 9. Docket No. 95- 1258- PWS- E. Consideration of an agreed order resolving an enforcement action against Daniel McKee and McKee Water Service Co. dba River Country Acres for violations of the Texas Health and Safety Code, Chapter 341, Subchapter C, Chapter 13 of the Texas Water Code and The Rules of the Texas Natural Resource Conservation Commission: assessing administrative penalties and requiring certain actions of Daniel McKee and McKee Water Service Co. dba River Country Acres. (SHEPHERD)

Issue Agreed Order, JB/RM

Item 10. Docket No. 95- 1429- PWS- E. Consideration of an agreed order assessing administrative penalties and requiring certain actions of Robert W.H. Fong dba Grandview Terrace Apartments in Ector County; PWS No. 0680139; for public water system violations pursuant to the Texas Health and Safety Code, Chapter 341, Subchapter C and the Rules of the Texas Natural Resource Conservation Commission. (Steve Shepherd)

Issue Agreed Order, JB/RM

Item 11. Docket No. 95- 1013- PWS- E. Consideration of an agreed order resolving an enforcement action against Scottsville Water System 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 Scottsville Water System.

Issue Agreed Order, JB/RM

CONTESTED (Municipal Waste Discharge Enforcement)

Item 12. Docket No. 95- 0682- MWD- E. Consideration of a Texas Natural Resource Conservation Commission Agreed Order Assessing Administrative Penalties and Requiring Certain Actions of Texas Hawaii Ltd. dba Walnut Creek Mobile Home Park in Johnson County, TNRCC Permit No. None. (Roxanne Cook, Guy Henry)

Issue Agreed Order, RM/BM

CONTESTED (Municipal Solid Waste Enforcement)

Item 13. Docket No. 95- 1597- MSW- E. Consideration of an Agreed Order requiring certain actions of Marant Recycling, Inc.; Unauthorized Solid Waste Site No. MSW 455060001; Located in Iowa Park, Wichita County. (Shepherd/McCollum)

Issue Agreed Order, RM/BM

CONTESTED (Sludge Enforcement)

Item 14. Docket No. 95- 1603- SLG- E. Consideration of an Agreed Order Assessing Administrative Penalties and Requiring Certain Actions of John R. Harper dba Harper Construction Services in Marion County; Transporter Registration No. 21881; for sludge transporter violations pursuant to the Texas Administrative Code Section 305.128(a) and the rules of the Texas Natural Resource Conservation Commission. (Bill Main, Guy Henry)

Issue Agreed Order, RM/BM

CONTESTED (Industrial Hazardous Waste Enforcement)

Item 15. Docket No. 95- 0807- IHW- E. Consideration of an Agreed Order requiring certain actions of U.S. Army - Longhorn Army Ammunition Plant in Harrison County; SWR No. 30990 and Hazardous Waste Permit No. 50195; for violations pursuant to the Texas Solid Waste Disposal Act, TEX. HEALTH AND SAFETY CODE ANN. Chapter 361 (Vernon 1992 and Supp. 1995), the Texas Water Code, TEX. WATER CODE ANN. Chapter 26 (Vernon 1988 and Supp. 1995) and the rules of the Texas Natural Resource Conservation Commission. (Glenn Hall).

Issue Agreed Order, RM/BM

CONTESTED (Petroleum Storage Tank Enforcement)

Item 16. Docket No. 95- 1592- PST- E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Mac's Olds Pontiac GMC, Inc. in Lubbock County; Enforcement ID No. E10813; for petroleum storage tank violations pursuant to Chapter 26 of the Texas Water Code, and the rules of the Texas Natural Resource Conservation Commission. (William C. Foster).

Issue Agreed Order, JB/RM

Item 17. Docket No. 95- 1563- PST- E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of La Lomita, Inc. in Starr County; Enforcement ID No. E10856; for petroleum storage tank violations pursuant to Chapter 26 of the Texas Water Code, and the rules of the Texas Natural Resource Conservation Commission. (Greg Warmink/Mick Wilson).

Issue Agreed Order, JB/RM

Item 18. Docket No. 95- 1580- PST- E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Mr. Gaylon Etheridge in Van Zandt County; Enforcement ID No. E10771; for petroleum storage tank violations pursuant to the TEXAS WATER CODE ANN. Chapter 26 and the rules of the Texas Natural Resource Conservation Commission. (Greg Warmink/Theresa Haan).

Issue Agreed Order, JB/RM

Item 19. Docket No. 95- 1581- PST- E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of City of Rockport in Aransas County; Enforcement ID No. E10793; for petroleum storage tank violations pursuant to Chapter 26 of the Texas Water Code, and the rules of the Texas Natural Resource Conservation Commission. (Greg Warmink/Theresa Haan).

Issue Agreed Order, JB/RM

Item 20. Docket No. 95- 1602- PST- E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Jose S. Garcia in Hidalgo County; PST Enforcement Identification No. E10847; for petroleum storage tanks violations pursuant to Chapter 26 of the Texas Water Code, and the rules of the Texas Natural Resource Conservation Commission. (Greg Warmink/Mick Wilson).

Issue Agreed Order, JB/RM

Item 21. Docket No. 95- 1565- PST- E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of USDA, Agricultural Research Services, Subtropical Agricultural Research Laboratory in Hidalgo County; Enforcement ID No. E10857; for petroleum storage tank violations pursuant to Chapter 26 of the Texas Water Code, and the rules of the Texas Natural Resource Conservation Commission. (Greg Warmink/Mick Wilson).

Issue Agreed Order, JB/RM

Item 22. Docket No. 95- 1601- PST- E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of James Ferguson in Travis County; PST Enforcement Identification No. E10911; for petroleum storage tanks violations pursuant to Chapter 26 of the Texas Water Code, and the rules of the Texas Natural Resource Conservation Commission. (Greg Warmink/Mick Wilson).

Issue Agreed Order, JB/RM

Item 23. Docket No. 95- 1583- PST- E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Mr. Chau Tang in Harris County; Enforcement ID No. E10916; for petroleum storage tank violations pursuant to Chapter 26 of the Texas Water Code, and the rules of the Texas Natural Resource Conservation Commission. (Greg Warmink/Mick Wilson).

Issue Agreed Order, JB/RM

Item 24. Docket No. 95- 1594- PST- E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of R.A. Bagwell Oil Company in Coke County; Enforcement ID No. E10914; for petroleum storage tank violations pursuant to Chapter 26 of the Texas Water Code, and the rules of the Texas Natural Resource Conservation Commission. (Greg Warmink/Mick Wilson).

Issue Agreed Order, JB/RM

Item 25. Docket No. 95- 1582- PST- E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Apple Dodge, Inc. in Travis County; Enforcement ID No. E10904; for petroleum storage tank violations pursuant to Chapter 26 of the Texas Water Code, and the rules of the Texas Natural Resource Conservation Commission. (Greg Warmink/ Mick Wilson).

Issue Agreed Order, JB/RM

Item 26. Docket No. 95- 1564- PST- E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Star Houston, Inc. in Harris County; Enforcement ID NO. E10469; for petroleum storage tank violations pursuant to Chapter 26 of the Texas Water Code, and the rules of the Texas Natural Resource Conservation Commission. (Greg Warmink/Srini Kusumanchi).

Issue Agreed Order, JB/RM

Item 27. Docket No. 95- 1562- PST- E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Cen- Tex Ag Supply in McLennan County; Enforcement ID No. E10905; for petroleum storage tank violations pursuant to Chapter 26 of the Texas Water Code, and the rules of the Texas Natural Resource Conservation Commission. (Greg Warmink/Theresa Haan).

Issue Agreed Order, JB/RM

Item 28. Docket No. 95- 1591- PST- E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of John J. Hebert Distributor, Inc. in Liberty County; Enforcement ID No. E10560; for petroleum storage tank violations pursuant to the Chapter 26 of the Texas Water Code, and the rules of the Texas Natural Resource Conservation Commission (William C. Foster/Theresa Haan).

Issue Agreed Order, JB/RM

CONTESTED (Air Quality Enforcement)

Item 29. Docket No. 95- 1368- AIR- E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Hardwood Products and Doors in Williamson County; Account No. WK- 0115- G; for air quality violations pursuant to Chapter 382 of the Texas Health & Safety Code and the rules of the Texas Natural Resource Conservation Commission. (Greg Warmink).

Issue Agreed Order, RM/BM

Item 30. Docket No. 95- 1369- AIR- E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Lone Star Drum Co. in Ector County; Account No. EB- 0030- X; for air quality violations pursuant to Chapter 382 of the Texas Health & Safety Code, and the rules of the Texas Natural Resource Conservation Commission. (Paul Sarahan).

Issue Agreed Order, RM/BM

Item 31. Docket No. 95- 1363- AIR- E. Consideration of an Agreed Order requiring certain actions of Breco Wood Products in Grayson County; Account No. GI- 0083- E; for air quality violations pursuant to Chapter 382 of the Texas Health & Safety Code, and the rules of the Texas Natural Resource Conservation Commission. (William C. Foster).

Issue Agreed Order, RM/BM

Item 32. Docket No. 95- 1365- AIR- E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Engicon, Inc. in Jefferson County; Account No. JE- 0378- L; for air quality violations pursuant to Chapter 382 of the Texas Health & Safety Code, and the rules of the Texas Natural Resource Conservation Commission. (Greg Warmink).

Issue Agreed Order, RM/BM

Item 33. Docket No. 95- 1364- AIR- E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of EGP Fuels Company in Harris County; Account No. HG- 0714- Q; for air quality violations pursuant to Chapter 382 of the Texas Health & Safety Code, and the rules of the Texas Natural Resource Conservation Commission. (William C. Foster).

Issue Agreed Order, RM/BM

Item 34. Docket No. 95- 1362- AIR- E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Crown Cork and Seal Company, Inc. in Fort Bend County, Account No. FG- 0082- W; for air quality violations pursuant to Chapter 382 of the Texas Health & Safety Code, and the rules of the Texas Natural Resource Conservation Commission. (William C. Foster).

Issue Agreed Order, RM/BM

Item 35. Docket No. 95- 1366- AIR- E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Greer Farms in McLennan County; Account No. MB- 0361- K; for air quality violations pursuant to Chapter 382 of the Texas Health & Safety Code, and the rules of the Texas Natural Resource Conservation Commission. (Thomas Corwin).

Issue Agreed Order, RM/BM

Item 36. Docket No. 95- 1361- AIR- E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Car Country in Brazoria County; Account No. BL- 0589- B; for Air Quality Violations pursuant to the Texas Clean Air Act, Texas Health and Safety Code, Chapter 382 and the rules of the Texas Natural Resource Conservation Commission. (Peter Gregg).

Issue Agreed Order, RM/BM

Item 37. Docket No. 95- 1257- AIR- E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of International Paper Company in Nacogdoches, Nacogdoches County; Account No. NA- 0017- W; for Air Quality violations pursuant to the Texas Clean Air Act, Texas Health & Safety Code, Chapter 382 and the rules of the Texas Natural Resource Conservation Commission. (Lisa Uselton Dyar).

Issue Agreed Order, RM/BM

Item 38. Docket No. 95- 1264- AIR- E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Schuller International, Inc. in Cleburne, Johnson County; Account No. JH- 0025- 0; for Air Quality violations pursuant to the Texas Clean Air Act, Texas Health & Safety Code, Chapter 382 and the rules of the Texas Natural Resource Conservation Commission. (Lisa Uselton Dyar).

Issue Agreed Order, RM/BM

Item 39. Docket No. 95- 1381- AIR- E. Consideration of an Agreed Order assessing administrative penalties against J.M. Huber Corporation in Orange, Orange County; Account No. OC- 0020- R; for Air quality violations pursuant to the Texas Clean Air Act, Texas Health & Safety Code, Chapter 382 and the rules of the Texas Natural Resource Conservation Commission. (Walter Ehresman).

Issue Agreed Order, RM/BM

CONTESTED (Resolution)

Item 40. Docket No. 95-1607-RES. Consideration of a Resolution to establish the Galveston Bay Council as an advisory committee to the Texas Natural Resource Conservation Commission and its Galveston Bay Program, appoint the members of this Council, and identify its functions and duration. (Bengtson)

Adopt Resolution as Recommended with changes, RM/JB


CONTESTED (Rules)

Item 41. Docket No. 95- 1520- RUL. Consideration for adoption of amendments to 30 TAC Chapter 116, Subchapter D, Sections 116.310- 116.314, concerning Permit Renewals; and revisions to the State Implementation Plan. If approved, the rules would incorporate the provisions of Senate Bill 1125 (74th Legislature). The proposal was published in the August 22, 1995 issue of the Texas Register (20 TexReg 6393). (Sam Wells)

Adopt Amendments as recommended, BM/RM

Item 42. Docket No. 95- 1599- RUL. Consideration for adoption of amendments to 30 TAC Chapter 291, Subchapter A, concerning General Provisions, Subchapter B, concerning Rates, Rate Making, and Rate/Tariff Changes, Subchapter C, concerning Rate Making Appeals, Subchapter D, concerning Records and Reports, Subchapter E, concerning Customer Service and Protection, Subchapter F, concerning Quality of Service, Subchapter G, concerning Certificates of Convenience and Necessity, Subchapter H, concerning Utility Submetering, and Subchapter J, concerning Enforcement, Supervision, and Receivership. If approved, the new sections and amendments would establish the substantive regulations regarding the assurance of just and reasonable water and sewer rates, fees and operations and the presentation of these matters to the commission for consideration. These amendments would also incorporate recent legislative changes. The proposal of these sections was published in the August 11, 1995 and August 15, 1995 issue of the Texas Register. (Steve Blackhurst).

Continued to December 6, 1995, RM/JB

Item 43. Docket No. 95- 1590- RUL. Consideration for publication of amendments to 30 TAC Chapter 305, Subchapter O, concerning Additional Conditions and Procedures for Wastewater Discharge Permits and Sewage Sludge Permits, Chapter 309, Subchapter D, concerning Criteria for Classification of Solid Waste Disposal Facilities and Practices, Chapter 337, Subchapter A, concerning Enforcement Generally. The amended sections will provide a force majeure defense to non- compliance and will adopt by reference a Memorandum of Understanding between the Attorney General and the Texas Natural Resource Conservation Commission providing for adequate public participation in civil enforcement proceedings. The amendments are necessary for Texas to receive federal delegation of the National Pollutant Discharge Elimination System. (Margaret Hoffman).

Approve publication of amendments to 305, 309 and part of 337, with exceptions to part of 337 referencing adoption of a proposed Memorandum of Understanding with the Attorney General having to do with procedures in judicial enforcement actions, we are requesting a 30 day continuance, RM/BM

Item 44. Docket No. 95- 1560- RUL. Consideration for publication of the proposed amendment of 30 TAC Chapter 305, Subchapter M, Section 305.503, concerning Fee Assessment. The proposed Rules will increase the annual inspection fee for wastewater treatment facilities. Such increase is limited to that level authorized by House Bill 2015 (1995), and only as necessary to acquire and implement federal delegation of the National Pollutant Discharge Elimination System pursuant to Section 402 of the federal Clean Water Act. (Warren Davis)

Approve for publication as recommended by staff and changes as recommended by chairman, RM/JB

Item 45. Docket No. 95- 1608- RUL. Consideration of petition for rulemaking for amendment of 30 TAC Chapter 115, Subchapter F, Section 542 regarding Miscellaneous Industrial Sources (Degassing or Cleaning of Stationary, Marine, and Transport Vessels). The petition seeks to make the current degassing/cleaning rule more stringent. The petitioner believes the rule is unenforceable as presently written. The staff recommendation is to deny the petition. (Randy Hamilton)

Deny Petition, RM/JB

Item 46. Docket No. 95- 1480- RUL. Consideration for publication of, and hearing on, proposed amendments to 30 TAC Chapter 330, Subchapter R, concerning Management of Whole Used or Scrap Tires, and repeal of Subchapter X, concerning Management of Whole Used or Scrap Tires or Shredded Tire Pieces. The amendments would expand the use of the Waste Tire Recycling Fund (WTRF) to: pay waste tire energy recovery facility operators and waste tire recyclers for whole tires and tire shreds processed; establish limits on expenditure from the WTRF; require reimbursement of unpaid carryover; require the creation of a market development program; require training of transporters and generators; require updating the manifest system and the generator database; and require biennial audits of tire processors, recyclers and energy recovery facility operators. (Jennifer Sidnell)

Approve for publication and hearing and extend commentperiod to 45 days, RM/JB

CONTESTED (Motion For Rehearing)

Item 47. Docket No. 95-1193-UIC. The Commission will consider motions for rehearing filed on International Energy Corporation, Incorporated. The commission issued amendment to the production area authorization for Production Area No. 1 under existing Permit No. URO2108-01 at its Zamzow insitu uranium mine site on the agenda of September 27, 1995.

Continued to December 6, 1995 and extend comment period until Jan 2, 1996

EXECUTIVE SESSION

Item 48. Docket No. 95-1617-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 49. Docket No. 95-1618-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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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

Thursday, November 16, 1995

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

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


Item 50. Docket No. 95-1600-RUL. Consideration for adoption to revisions to accounting and auditing manuals for water districts, entitled "Water District Accounting Manual" and "Annual Audit Report Requirements for Texas Water Districts and Authorities."

Approve Staff Recommendation, JB/RM

SECOND ADDENDUM TO AGENDA

Thursday, November 16, 1995

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

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


Item 51. Docket No. 95-1605-RUL. Consideration for adoption of amendments to 30 TAC, Chapter 330, Subchapter A, concerning General Information, Subchapter D, concerning Classification of Municipal Solid Waste Facilities, and Subchapter E, concerning Permit Procedures. If adopted, the rule will allow on-site municipal solid waste transfer stations and municipal solid waste landfill facilities that recover gas for beneficial use to be authorized by registration, and the rule will establish registration procedures, operational requirements, and design requirements. The changes implement House Bill 2315, 74th Legislature (1995). The proposal of this rule was published in the August 29, 1995 issue of the Texas Register (20 TexReg 6732). Wayne Lee

Adopt Amendments as recommended, RM/BM


OLD BUSINESS AGENDA

Wednesday, November 16, 1995

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

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

Item carried forward from Agenda of October 25, 1995.

Item 1. Docket No. 95- 1176- MSW- E. Consideration of the Executive Director of the Texas Natural Resource Conservation Commission's Petition to revoke Port Arthur Corruther/Corruther's Truck Tire Haul's Tire Transporter Registration No. 25175 pertaining to municipal solid waste. (Kelly McCollum/Vic Ramirez)

Continued to December 6, 1995

Item carried forward from Agenda of November 1, 1995.

Item 2. Docket No. 95-1474-MWD. APPLICATION BY CITY OF LAKEWOOD VILLAGE for an amendment to Permit No. 10903-01 to authorize an increase in the discharge of treated domestic wastewater effluent from a volume not to exceed an average flow of 12,000 gallons per day to a volume not to exceed an average flow of 47,000 gallons per day. The proposed permit also authorizes a variance to the buffer zone requirements. The wastewater treatment facilities are approximately 7000 feet northeast of the north end of the old Lake Dallas Dam in Denton County, Texas. The effluent is discharged into an unnamed ditch; thence to Lewisville Lake in Segment No. 0823 of the Trinity River Basin. The Commission will consider the application and hearing requests that have been filed on the application. (Bob Sweeney/Tom Weber)

Issue Amendment, RM/JB