MCBEE
MARQUEZ
BAKER

CONTESTED AGENDA

Wednesday, September 18, 1996

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.

Room 201S, Bldg E.

12118 N. Interstate 35

UNCONTESTED (Class 2 Modification)

Item 1. Docket No. 96-1446-IHW. Consideration of an application by Ashland Chemical Company for a Class 2 modification to Permit No. HW-50007 in accordance with 30 TAC Section 305.69. The permit authorizes operation of a commercial industrial solid waste storage facility for the management of hazardous wastes. The permit modification will authorize an increase to the storage capacity in one of the permitted container storage areas from 8,800 gallons to 11,000 gallons and increase the financial assurance from $90,066 to $115,249. The facility is located on a 5.516 acre tract south of West Miller Road and east of Jupiter Road on Wood Drive in Garland, Dallas County, Texas. (John Clegg)

Issue Class 2 Modification, JB/RM

CONTESTED (Hearing Requests)

Item 2. Docket No. 96-1374-MWD. MCMULLEN COUNTY WATER CONTROL AND IMPROVEMENT DISTRICT NO. 1 for renewal of Permit No. 13543-01 which authorizes a discharge of treated domestic wastewater effluent at a volume not to exceed an average flow of 96,000 gallons per day. The Tilden Wastewater Treatment Facilities are adjacent to the west side of State Highway 16 and immediately south of the intersection of State Highway 16 and Farm-to-Market Road 72 in McMullen County, Texas. The Commission will consider the application and the hearing requests that have been filed on the application. (Tom Weber/Bob Sweeney)

Remand to Alternative Dispute Resoultion and Continued to October 9, 96 for mediation.

Item 3. Docket No. 96-1376-MWD. CITY OF BEEVILLE for a permit (Proposed Permit No. 10124-04) to authorize a discharge of treated domestic wastewater effluent at a volume not to exceed an average flow of 2,500,000 gallons per day. The wastewater treatment facility will serve the McConnell Prison Unit and the Chase Field complex. The wastewater treatment facilities are approximately 6,000 feet south of State Highway 202, 2,600 feet east of Poesta Creek and south-southeast of the City of Beeville in Bee County, Texas. The Commission will consider the application and the hearing requests that have been filed on the application. (Tom Weber/Bob Sweeney)

Continued to September 25, 1996

Item 4. Docket No. 96-1375-AIR. MOBILE CHEMICAL COMPANY for Air Quality Construction Permit Nos. AQ7799 and PSD-TX-860 to construct an Ethylene Furnace and modify an existing Olefins and Aromatics Unit. The proposed location of the facility is 2775 Gulf States Road in Beaumont, Jefferson County, Texas. The Commission will consider the application and the hearing requests that have been filed on the application. (Ronnie Jones/Alan Pegues)

Deny Hearing Request and Issue Permit, BM/RM

CONTESTED (Industrial Hazardous Waste Enforcement Agreed Orders)

Item 5. Docket No. 95-1223-IHW-E. Consideration of an Agreed Order assessing and requiring certain actions of Jones Blair Company in Dallas County; ISW Registration No. 30354; for industrial and hazardous waste violations pursuant to the Texas Health & Safety Code, and the rules of the Texas Natural Resource Conservation Commission. (Thomas Greimel)

Issue Agreed Order, RM/BM

Item 6. Docket No. 95-1349-IHW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Southern Pacific Transportation Company in Harris County; ISW Registration No. 31547; for industrial & hazardous waste violations pursuant to the Texas Health and Safety Code, and the rules of the Texas Natural Resource Conservation Commission. (Thomas Greimel)

Issue Agreed Order, RM/JB

Item 7. Docket No. 96-1085-IHW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Citgo Refining and Chemicals Company L.P., West Plant in Nueces County; Solid Waste Registration No. 33763; for industrial & hazardous waste violations pursuant to the Texas Health & Safety Code, and the rules of the Texas Natural Resource Conservation Commission. (Anne Nyffenegger)

Issue Agreed Order, RM/BM

Item 8. Docket No. 95-1086-IHW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Citgo Refining and Chemicals Company L.P. East Plant in Nueces County; Solid Waste Registration No. 30532; for industrial and hazardous waste violations pursuant to the Texas Health & Safety Code, and the rules of the Texas Natural Resource Conservation Commission. (Anne Nyffenegger)

Issue Agreed Order, RM/BM

CONTESTED (Municipal Waste Discharge Agreed Orders)

Item 9. Docket No. 96-0842-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Robinson in McLennan County, Permit No. 10780-003; for violations pursuant to the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Lehmkuhle\Henry)

Issue Agreed Order, RM/BM

CONTESTED (Public Water Supply Enforcement Agreed Order)

Item 10. Docket No. 96-0170-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Loe's Highport, Inc. in Grayson County; PWS No. 0910130; for public water system violations pursuant to Chapter 28 of the Texas Water Code, the Texas Health and Safety Code, Chapter 341, Subchapter C, and the rules of the Texas Natural Resource Conservation Commission. (Sabelyn Pussman)

Issue Agreed Order, JB/RM

CONTESTED (Air Quality Enforcement Agreed Orders)

Item 11. Docket No. 96-0611-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Carpenter Motors in El Paso County; Account No. EE-0266-D; for air quality violations pursuant to the Texas Clean Air Act, Chapter 382 and the rules of the Texas Natural Resource Conservation Commission. (Rebekah Hoffacker).

Issue Agreed Order, BM/RM

Item 12. Docket No. 96-0615-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Galveston Shipbuilding Company in Galveston County; Account No. GB-0047-Q; 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. (Sheila Smith)

Issue Agreed Order, BM/RM

Item 13. Docket No. 96-0623-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Triple W Ranch in Somervell County; Account No. 93-1009-S; for air quality violations pursuant to the Texas Clean Air Act, Chapter 382 and the rules of the Texas Natural Resource Conservation Commission. (Tel Croston).

Issue Agreed Order, BM/RM

Item 14. Docket No. 96-0798-AIR-E. Consideration of an Agreed Order requiring certain actions of Space Maker Designs, Inc. in Dallas County; Account No. DB-3961-H; for air quality violations pursuant to the Texas Clean Air Act, Chapter 382 and the rules of the Texas Natural Resource Conservation Commission. (Kevin Cauble)

Issue Agreed Order, BM/RM

Item 15. Docket No. 96-0617-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Economy #1 Paint & Body Shop in Harris County; Account No. HG-8955-F; 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 (Sheila Smith)

Issue Agreed Order, BM/RM

Item 16. Docket No. 96-0599-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Pioneer Aggregates in Wise County; Account No. WN-0019-Q; for air quality violations pursuant to the Texas Clean Air Act, Chapter 382 and the rules of the Texas Natural Resource Conservation Commission. (Carl Schnitz).

Issue Agreed Order, BM/RM

Item 17. Docket No. 96-0613-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Ernie's Automotive Center in Johnson County; Account No. JH-0248-P; for air quality violations pursuant to the Texas Clean Air Act, Chapter 382 and the rules of the Texas Natural Resource Conservation Commission. (Kevin Cauble).

Issue Agreed Order, BM/RM

Item 18. Docket No. 96-0614-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Galbreath, Inc. in Tarrant County; Account No. TA-0447-T; for air quality violations pursuant to the Texas Clean Air Act, Chapter 382 and the rules of the Texas Natural Resource Conservation Commission. (Kevin Cauble).

Issue Agreed Order, BM/RM

Item 19. Docket No. 96-0793-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Kelly the Topper Guy in Dallas County; Account No. DB-3895-S; for air quality violations pursuant to the Texas Clean Air Act, Chapter 382 and the rules of the Texas Natural Resource Conservation Commission. (David Edge)

Issue Agreed Order, BM/RM

Item 20. Docket No. 96-0278-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Rodeo Auto Center in El Paso County; Account No. EE-1788-H; for air quality violations pursuant to the Texas Clean Air Act and the rules of the Texas Natural Resource Conservation Commission. (Rebekah Hoffacker)

Issue Agreed Order, BM/RM

Item 21. Docket No. 96-1097-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Jess Auto Sales in Dallas County; Account No. DB-4236-L; for air quality violations pursuant to the Texas Clean Air Act, Chapter 382 and the rules of the Texas Natural Resource Conservation Commission. (David Edge)

Issue Agreed Order, BM/RM

Item 22. Docket No. 96-0879-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Willard Grain & Feed, Inc. in McLennan County; Account No. MB-0282-H; 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. (Linda Sorrells and Patricia Capps).

Issue Agreed Order, BM/RM

CONTESTED (Petroleum Storage Tank Enforcement Agreed Orders)

Item 23. Docket No. 96-0525-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Reece Albert, Inc. in Tom Green County; PST Enforcement Identification No. E11522; for petroleum storage tank violations pursuant to the Texas Water Code, Section 26.136, and the rules of the Texas Natural Resource Conservation Commission. (Srini R. Kusumanchi)

Issue Agreed Order, RM/BM

Item 24. Docket No. 96-0911-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of H.D. Neal, Inc. in Bexar County; PST Enforcement Identification No. E11539; for petroleum storage tank violations pursuant to the Texas Water Code, Section 26.136, and the rules of the Texas Natural Resource Conservation Commission. (Mick Wilson)

Issue Agreed Order, RM/BM

Item 25. Docket No. 96-0254-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Giddings Petroleum Corporation in Bastrop County; PST Enforcement Identification No. E11482; for petroleum storage tank violations pursuant to the Texas Water Code, Section 26.136, and the rules of the Texas Natural Resource Conservation Commission.

Issue Agreed Order, RM/BM

Item 26. Docket No. 96-0388-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Artrox, Inc. in El Paso County; PST Enforcement Identification No. E11498; for petroleum storage tank violations pursuant to the Texas Water Code, Section 26.136, and the rules of the Texas Natural Resource Conservation Commission. (Srini R. Kusumanchi)

Issue Agreed Order, RM/BM

Item 27. Docket No. 96-0986-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Crockett County in Crockett County; PST Enforcement Identification No. E11444; for petroleum storage tank violations pursuant to the Texas Water Code, Section 26.136, and the rules of the Texas Natural Resource Conservation Commission. (Mick Wilson)

Issue Agreed Order, RM/BM

Item 28. Docket No. 96-0635-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Mr. Leo Ayala in Webb County; PST Enforcement Identification No. E11534; for petroleum storage tank violations pursuant to the Texas Water Code, Section 26.136, and the rules of the Texas Natural Resource Conservation Commission. (Connie Wong)

Issue Agreed Order, RM/BM

Item 29. Docket No. 96-1040-PST-E. Consideration of an Agreed Order assessing administrative Penalties and requiring certain actions of Calhoun Electric Company in Bexar County; PST Enforcement Identification No. E11576; for petroleum storage tank violations pursuant to the Texas Water Code, Section 26.136, and the rules of the Texas Natural Resource Conservation Commission. (Srini R. Kusumanchi)

Issue Agreed Order, RM/BM

Item 30. Docket No. 96-0941-PST-E. Consideration of an Agreed Order assessing certain actions of Andy's Ice House in Bexar County; PST Enforcement Identification No. E11559; for petroleum storage tank violations pursuant to the Texas Water Code, Section 26.136, and the rules of the Texas Natural Resource Conservation Commission. (Connie Wong)

Issue Agreed Order, RM/BM

CONTESTED (Rules)

Item 31. Docket No. 96-1403-RUL. Consideration for publication of proposed amendments to 30 TAC, Chapter 281, concerning Referral to Commission; Chapter 305, Subchapter B, concerning Emergency Order, Temporary Orders, and Executive Director Authorizations; Subchapter D, concerning Amendments, Renewals, Transfers, Corrections, Revocation, and Suspension of Permits; Subchapter F, concerning Permit Characteristics and Conditions; Subchapter H, concerning Additional Conditions for Injection Well Permits; and 30 TAC, Chapter 305, Subchapter D, concerning UIC Permit Modifications at the Request of the Permittee. The proposed amendments would bring Underground Injection Control (UIC) Program requirements more into compliance with federal requirements and provide minor editorial clarifications and corrections. (Kathy Vail)(Rule Log No. 96140-281-WS).

Proceed with Publication of Proposed Amendments, RM/JB

Item 32. Docket No. 96-0463-RUL. Consideration for adoption of an amendment to 30 TAC Chapter 330, Subchapter P, Section 330.602, concerning Fees and Reports; and for adoption of a new 30 TAC Chapter 330, Subchapter R, Section 330.804, concerning Management of Whole Used or Scrap Tires. If adopted, the amendment and new section would provide for a reduction in fees that would be paid for a landfill that uses tire shreds in its leachate collection system, protective cover or final cover, and would replace similar emergency rules adopted on March 20, 1996, but with an expiration date of December 31, 1996. The proposal was published in the July 23, 1996 issue of the Texas Register (21 TexReg 6873). (Mark Vickery)(Rule Log No. 96123-330-WS).

Adopt Rules as Recommended, BM/JB

Item 33. Docket No. 96-1293-RUL. Consideration for publication of proposed amendments to 30 TAC Chapter 330, Subchapter A, Section 330.4(u), concerning General Information, and new Subchapter E, Section 330.73, concerning Permit Procedures and Design Criteria. The proposed rules will allow authorization by registration for demonstration projects that demonstrate new or unproven management techniques for liquid waste processing. The authorization procedure, design, and operational standards for the management of demonstration projects for liquid waste processing are established. The wastes concerned are designated as municipal solid waste and include grease trap waste, grit trap waste, and septage. This rule addresses a petition for rulemaking. (Wayne Lee)(Rule Log No. 95114-330-WS).

Remand to Staff

Item 34. Docket No. 96-1278-RUL. Consideration for publication of proposed amendments to 30 TAC Chapter 330, Subchapter A, Section 330.4, concerning General Information, and new Subchapter E, Sections 330.71 and 330.72 concerning permit Procedures and Design Criteria and a proposed amendment to 30 TAC Chapter 312, Subchapter G, Section 312.143, concerning Transporters Delivery Requirements. The proposed rules will set the authorization, design, and operational standards for the management of certain liquid waste processing facilities. Additionally the proposed rules will establish full pump requirements. The wastes concerned are designated as municipal solid waste and include grease trap waste, grit trap waste, and septage. (Wayne Lee)(Rule Log No. 95112-330-WS).

Remand to Staff

CONTESTED (Report)

Item 35. Docket No. 96-1429-RPT. Consideration of a report prepared under commission rule 112.8(c) concerning winter atmospheric haze in the Dallas/Ft. Worth area and emissions of sulfur dioxide from electric steam generators fired by solid fossil fuel. Under the rule, the commission must make a finding no later than October 31, 1996 on whether a reduction of emissions will significantly improve winter visibility and select the appropriate emission limits from those specified in the rule. (Doyle Pendleton)

Report accepted as presented, BM/JB

EXECUTIVE SESSION

Item 36. Docket No. 96-1474-EXE. THE COMMISSION WILL CONDUCT A CLOSED MEETING TO RECEIVE LEGAL ADVICE AND WILL 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 Sections 551.071 and 551.074, the Open Meetings Act, codified as Chapter 551 of the Government code. No final action, decision or vote with regard to any legal or personnel matter considered in the closed meeting shall be made in the absence of further notice issued in accordance with Chapter 551 of the Government Code.

No Action Taken

Item 37. Docket No. 96-1475-EXE. THE COMMISSION WILL CONDUCT A CLOSED SESSION TO DISCUSS THEIR DUTIES, ROLES, AND RESPONSIBILITIES AS COMMISSIONERS OF THE TNRCC PURSUANT TO SECTION 551.074 OF THE OPEN MEETINGS ACT, CODIFIED AS CHAPTER 551 OF THE GOVERNMENT CODE. 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.


OLD BUSINESS AGENDA

Wednesday, September 18, 1996

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.

Room 201S, Bldg E.

12118 N. Interstate 35

Item carried forward from Agenda of June 26, 1996 and August 21, 1996.

Item 1. Docket No. 96-0882-IWD. KOCH AGRICULTURE COMPANY, INC. for an amendment to Permit No. 01439 to authorize an increase in the number of head located at the cattle feedlot from 40,000 head to a maximum of 50,000 head to reflect the actual operating capacity of the feedlot. The waste treatment facilities include 18 existing storage ponds for waste and wastewater retention. Wastewater is disposed on-site by evaporation and irrigation on 120 acres of agricultural land. Waste is disposed off-site by the use of contract haulers. No discharge of pollutants into the waters of the State is authorized by this permit. The cattle feedlot is on the east side of SPUR 331 approximately 0.25 mile northwest of the intersection of SPUR 331 and U.S. Highway 84 in Lubbock, Lubbock County, Texas. The Commission will consider the application and hearing requests and protests that have been filed on the application. (Tom Weber/Bob Sweeney)

Withdraw Without Prejudice, RM/JB

Item carried forward from Agenda of August 21, 1996.

Item 2. Docket No. 96-1151-IWD. UNION CARBIDE CORPORATION for an amendment without renewal to Permit No. 00447 in order to establish interim effluent limits for biochemical oxygen demand and total suspended solids and establish final effluent limits to account for wet weather flow. The permit currently authorizes the following discharges: (1) process wastewater, domestic wastewater and groundwater at a volume not to exceed an average flow of 5,800,000 gallons per day via Outfall 001; (2) water treatment wastewater, utility wastewaters, and stormwater at a volume not to exceed an average flow of 12,000,000 gallons per day via Outfall 002; and (3) an intermittent, flow variable discharge of stormwater via Outfalls 003, 004, 005, 006, 007, 008, 009, 010, 011, 012, 014, 015, and 016, which will remain the same. The applicant operates a plant which manufactures organic chemicals, plastics, and industrial gases. The plant site is on the east side of State Highway 185 approximately 8000 feet south of the intersection of State Highway 185 and State Highway 35 and approximately eight miles north of the City of Seadrift, Calhoun County, Texas. The Commission will consider the application and the hearing requests that have been filed on the application. (Tom Weber/Bob Sweeney)

Continued to September 25, 1996.

Item carried forward from Agenda of July 24, August 21, and August 28, 1996.

Item 3. Docket No. 96-1071-AIR. UNIMIN CORPORATION for Air Quality Permit No. 32024 to authorize construction and operation of a Silica Sand Processing Facility. The proposed site is located 1.8 miles Southeast of Voca an Hwy. 71 in Voca, McCulloch County, Texas. The Commission will consider the application and the hearing requests that have been filed on the application. (Laura Rowan/Alex Berksan)

Issue Permit and Deny Hearing Request, RM/BM

Item carried forward from Agenda of August 28, 1996.

Item 4. Docket No. 96-1250-MWD. CITY OF MCGREGOR for renewal of Permit No. 10219-002 which authorizes a discharge of treated domestic wastewater effluent at a final volume not to exceed an average flow of 1,100,000 gallons per day from the South Wastewater Treatment Facilities. The plant site is adjacent to and west of State Highways 317, approximately 2 miles south of the intersection of U.S. Highway 84 and State Highway 317 in McLennan County, Texas. The Commission will consider the application and the hearing requests that have been filed on the application. (Bob Sweeney/Tom Weber)

Continued to October 9, 1996


ADDENDUM TO OLD BUSINESS AGENDA

Wednesday, September 18, 1996

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.

Room 201S, Bldg E.

12118 N. Interstate 35

Item carried forward from Agenda of August 28, and September 11, 1996.

Item 5. Docket No. 96-1304-RUL. Consideration for publication of proposed new 30 TAC Chapter 352, concerning Commercial Nonhazardous Industrial Solid Waste Landfills. If adopted the rules would establish the design and operational standards for management of nonhazardous waste at off-site commercial landfill units. (Bryan Dixon) (Rule Log No. 96128-352-WS).

Proceed with publication of proposed new 30 TAC Chapter 352, with changes as recommended by staff, BM/JB


AGENDA

Wednesday, September 18, 1996

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

1:00 p.m.

Room 201S, Bldg E.

12118 N. Interstate 35

Item 1. TNRCC Docket No. 95-0787 REC; SOAH Docket No. 582-95-1035. Consideration of Administrative Law Judge's Proposal for Decision and Order concerning the application of Virgil P. Pettigrew for approval of preliminary plans for an existing levee in Navarro County. Reclamation No. 0293 Applicant seeks authorization to repair modify an existing levee. Recommendation: Approval of preliminary plans for the modification and repairs of the levee. ALJ: Bill Ehret

Continued to September 25, 1996

Item 2. TNRCC Docket No. 96-0417-WR; SOAH Docket No. 582-96-0989. Consideration of Administrative Law Judge's Proposal for Decision and Order concerning the validity of requests for hearing upon the application of Lavaca-Navidad River Authority and Texas Water Development Board for an amendments to Certificate of Adjudication No. 16-2095 to authorize an interbasin transfer of 46,950 acre-feet of water annually from Lake Texana in the Lavaca River Basin, to be used for municipal and industrial purposes in the Nueces River Basin and adjacent basins. Lake Texana is located in Jackson County, Texas. Water transferred from Lake Texana would be used primarily in Nueces County, Texas. Recommendation: That the Commission find that none of the timely requests for hearing under consideration meet the requirements of applicable law, including Commission rules. (Mike Rogan). The Commission will also consider the application.

Accept Administrative Law Judge's Proposal for Decision, and accept the Order submitted to us by the Executive Director, but within that Order changes be made within the Conclusion of Law #4, Strike Conclusion of Law #5, In the Conclusion of Law #8 Strike the Reference in Finding of Fact #15 and allow the rest to remain including Finding of Fact #17, BM/JB


ADDENDUM TO AGENDA

Wednesday, September 18, 1996

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

1:00 p.m.

Room 201S, Bldg E.

12118 N. Interstate 35

Item 3. TNRCC Docket No. 96-0417-WR; SOAH Docket No. 582-96-0989. Consideration of Administrative Law Judge's Proposal for Decision and Order concerning the validity of requests for hearing upon the application of Lavaca-Navidad River Authority and Texas Water Development Board for an amendments to Certificate of Adjudication No. 16-2095 to authorize an interbasin transfer of 46,950 acre-feet of water annually from Lake Texana in the Lavaca River Basin, to be used for municipal and industrial purposes in the Nueces River Basin and adjacent basins. Lake Texana is located in Jackson County, Texas. Water transferred from Lake Texana would be used primarily in Nueces County, Texas. Recommendation: That the Commission find that none of the timely requests for hearing under consideration meet the requirements of applicable law, including Commission rules. (Mike Rogan). The Commission will also consider the application. The applicants have filed a Motion for Immediate Effectiveness of Order which requests in part that the Commission take evidence during their consideration of this matter. The Commission may take evidence during the meeting.

Deny Motion for Motion for Immediate Effectiveness of Order, BM/JB


ADDENDUM TO AGENDA

Wednesday, September 18, 1996

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.

Room 201S, Bldg E.

12118 N. Interstate 35

Item 38. Docket No. 96-1472-RUL. Consideration of adoption on an emergency basis of new 210.51 - 210.55, Subchapter E, Chapter 210, relating to Special Requirements for Use of Industrial Reclaimed Water. These rules would facilitate the conservation and reuse of water by authorizing certain requirements for the use of industrial reclaimed water not specifically authorized by Chapter 310 relating to the Use of Reclaimed Water. Adoption of these rules on an emergency basis is necessary to address existing and increasing drought conditions in the state that present an imminent peril to the public health, safety, and welfare. (Tom Weber) (Rule Log Number 96156-EME-WT)

Remand to Staff

Item 39. Docket No. 94-0786-UCR. Petition by Ridge Investors, Ltd. requesting a review of the fees charged by Dessau Utility Company, Inc. for sewer service. The Commission will consider the motions for rehearing filed concerning the Commission's order mailed August 7, 1996. The Commission order was in response to the remand order dated February 16, 1996, issued by the 53rd Judicial District Court, Travis County, in Cause No. 95-02063, concerning Dessau Utility Company, Inc. v. TNRCC. The utility is located in Travis County.

Grant Motion for Rehearing from Ridge Inveestors, LTD and Public Interest Counsel and accept order as Drafted by Public Interest Counsel, RM/JB. McBee voted No.