MCBEE
MARQUEZ
BAKER
CONTESTED AGENDA

Wednesday, October 23, 1996

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 A.M.

Bldg E. Room 201S

12118 N. Interstate 35

UNCONTESTED (Class 2 Modification to Hazardous Waste Permit)
Item 1. Docket No. 96-1573-IHW. Consideration of an application by Disposal Systems, Inc., for a Class 2 modification to Permit No. HW-50058 in accordance with 30 TAC Section 305.69. The permit authorizes the operation of a commercial industrial solid waste management facility for the storage and processing of hazardous waste. The permit modification will authorize the acceptance of dioxin-contaminated wastes (F020, F021, F022, F023, F026 and F027) for storage and processing in existing tanks and container storage areas. The facility is located at 2525 Battleground Road off State Highway 134 near the Houston Ship Channel and South of the San Jacinto Monument on approximately 10.6 acres in Deer Park, Harris County, Texas. (John Clegg)
Issue Class 2 Modification, BM/JB. Commissioner Marquez Absent for vote.
UNCONTESTED (Class 3 Modification to Compliance Plan)
Item 2. Docket No. 96-1541-IHW. Consideration of an application by Rohm and Haas Texas, Incorporated, for a Class 3 modification to Compliance Plan No. CP-50102 in accordance with 30 TAC Section 305.69. The Compliance Plan requires compliance monitoring of ground water at the G-East Landfill and remediation of ground water to specified standards at the Acetone Loading Area and at Landfill No. 003. The Compliance Plan modification will authorize implementation of a new corrective action system, and modification of the Ground-Water Protection Standards and Compliance Monitoring Program. The modification was submitted in response to Compliance Plan Provision VIII.D. which requires modification submittal upon approval of the Corrective Measures Study and Corrective Measures Implementation Work Plan. The facility is located at 6600 LaPorte Freeway, Deer Park, Harris County, Texas on a 916 acre tract of land, approximately 15 miles southeast of downtown Houston. The facility lies between the Houston Ship Channel and State Highway (SH) 225 and is accessed from the traffic light on SH 225 between SH 134 and Tidal Road. (John Clegg)
Issue Class 3 Modification, JB/BM. Commissioner Marquez absent for vote.
CONTESTED (Hearing Request)
Item 3. Docket No. 96-1490-MWD. CITY OF WOLFFORTH for an amendment to Permit No. 10321-02 which currently authorizes the disposal of treated domestic sewage effluent via evaporation and irrigation of non-public access acreage consisting of a minimum of 60-acres of pecan trees and 540-acres of perennial pasture land, which will remain the same. The disposal volume is not to exceed an average flow of 410,000 gallons per day. The proposed amendment would authorize an increase in the effluent limitations from 30 milligrams per liter of biochemical oxygen demand, based on a 30-day average, to 100 milligrams per liter of biochemical oxygen demand, based on a single grab sample. Application rates for the irrigated land shall not exceed 4.2 acre-feet/acre/year. The permittee is also requesting a variance to the monitoring frequency for biochemical oxygen demand. No discharge of pollutants into the waters of the State is authorized by this permit. The wastewater treatment facilities and the disposal site are approximately 2,600 feet southwest of the intersection of Farm-to-Market Roads 179 and 1585, approximately 3 miles east of the intersection of U.S. Highway 82 and Farm-to-Market 1585 in Lubbock County, Texas. The Commission will consider the application and the hearing requests and concerns that have been filed on the application. (Robert Martinez/Tom Weber)
Remand to State Office Administrative Hearing, but allow Alternative Dispute Resolution 4 weeks to mediate, BM/JB. All Commissioners Agree.
Item 4. Docket No. 96-1487-MWD. WIMBERLEY INDEPENDENT SCHOOL DISTRICT for a permit (Proposed Permit No. 13824-01) to authorize the disposal of treated domestic sewage effluent via a subsurface drip irrigation system on a minimum absorption area of 58,333 square-feet in the final phase. The disposal volume is not to exceed 17,500 gallons per day average in the final phase. Application rates for the irrigated land are not to exceed 0.30 gallon/square-feet/day. No discharge of pollutants into the waters of the State is authorized by this permit. The wastewater treatment facilities and the disposal site are approximately 400 feet southwest of the intersection of Farm-to-Market Road 2325 and County Road 278 (Carney Lane) in Hays County, Texas. The Commission will consider the application and the hearing requests that have been filed on the application. (Robert Martinez/ Tom Weber)
Remand to State Office Administrative Hearing, but send to Alternative Dispute Resolution for 4 weeks to all mediation, JB/BM. All Commissioners Agree.
Item 5. Docket No. 96-1507-AIR. ODELL GEER CONSTRUCTION COMPANY, INC. for a renewal to Air Quality Permit No. 8359 to continue operation of a Portable Rock Crusher. The facility is located 1.7 miles east of the Lampasas River along FM 2484 in Youngsport, Bell County, Texas. The Commission will consider the application and the hearing requests that have been filed on the application. (Laura Rowan/David Lusk)
Deny Hearing Request and Issue Renewal, RM/JB. All Commissioners Agree.
CONTESTED (District Matter)
Item 6. Docket No. 96-1310-DIS. CONSIDERATION OF A PROPOSED ORDER APPROVING THE APPLICATION BY RIVER PLACE MUNICIPAL UTILITY DISTRICT OF TRAVIS COUNTY FOR APPROVAL OF AN IMPACT FEE. For Commission consideration. Applicant requests approval to levy an impact fee of $2,000 per equivalent single family connection for water, wastewater and drainage service within River Place Sections 2B, 2C, 3A, 3B, and 4A. (TNRCC Internal Control No. 092995-D03, Robert Cummins)
Continued to November 6, 1996.
CONTESTED (Air Enforcement Agreed Orders)
Item 7. Docket No. 96-1114-AIR-E. Consideration of an Agreed Order requiring certain actions of Sunburst Shutters Texas in Dallas County, Account No. DB-1675-C; 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, JB/RM. All Commissioners Agree
Item 8. Docket No. 96-1147-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Stolthaven Houston, Inc. in Harris County; Account No. HG-1045-K; for air quality violations pursuant to the Texas Clean Air Act, Chapter 382 and the rules of the Texas Natural Resource Conservation Commission. (Miriam Hall)
Issue Agreed Order, JB/RM. All Commissioners Agree
Item 9. Docket No. 96-1118-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Tube Forming, Incorporated in Dallas County; Account No. DB-2321-K; 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, JB/RM. All Commissioners Agree
Item 10. Docket No. 96-1286-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Challenge Door Company in Hopkins County; Account No. HR-0058-H; for air quality violations pursuant to the Texas Clean Air Act, Chapter 382 of the Texas Health and Safety Code, and the rules of the Texas Natural Resource Conservation Commission. (Patricia Capps).
Issue Agreed Order, JB/RM. All Commissioners Agree
Item 11. Docket No. 96-1241-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Moreno's Texaco in El Paso County; Account No. EE-0962-W; for air quality violations pursuant to the Texas Clean Air Act, Chapter 382 of the Texas Health & Safety Code and the rules of the Texas Natural Resource Conservation Commission. (Walter Ehresman).
Issue Agreed Order, JB/RM. All Commissioners Agree
Item 12. Docket No. 96-1285-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Witco Corporation in Moore County; Account No. MR-0003-G; for air quality violations pursuant to the Texas Clean Air Act, Chapter 382 of the Texas Health and Safety Code, and the rules of the Texas Natural Resource Conservation Commission. (Patricia Capps).
Issue Agreed Order, JB/RM. All Commissioners Agree
Item 13. Docket No. 96-1345-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Waste Reduction Systems, Inc. in Harris County; Account No. HG-3837-B; for air quality violations pursuant to the Texas Clean Air Act, Chapter 382 of the Texas Health and Safety Code, and the rules of the Texas Natural Resource Conservation Commission. (Patricia Capps).
Issue Agreed Order, JB/RM. All Commissioners Agree
Item 14. Docket No. 96-0053-AIR-E. Consideration of an Agreed Order requiring certain actions of OEM, Inc. in Tarrant County; Account No. TA-1268-O; for air quality violations pursuant to the Texas Clean Air Act, Chapter 382 of the Texas Health and Safety Code, and the rules of the Texas Natural Resource Conservation Commission. (Linda G. Sorrells).
Issue Agreed Order, JB/RM. All Commissioners Agree
Item 15. Docket No. 96-0621-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Ashland Chemical Company in Harris County; Account Number HG-1019-L; 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, JB/RM. All Commissioners Agree
Item 16. Docket No. 96-0622-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Total Body in Brazoria County; Account No. BL-0607-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. (Sheila Smith)
Issue Agreed Order, JB/RM. All Commissioners Agree
Item 17. Docket No. 96-0888-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Danny Brown's Paint & Body Shop in Walker County; Account No. WA-0070-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, JB/RM. All Commissioners Agree
Item 18. Docket No. 96-1122-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Roberto's Autobus, Incorporated in Dallas County; Account No. DB-4278-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, JB/RM. All Commissioners Agree
Item 19. Docket No. 96-0692-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of PBR, Incorporated in Dallas County; Account No. DB-4113-F 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, JB/RM. All Commissioners Agree
CONTESTED (Air Enforcement Default Order)
Item 20. Docket No. 96-1033-AIR-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Springtown Truck Sales in Parker County; Account No. PC-0134-H; for air quality violations pursuant to the Texas Clean Air Act, Chapter 382 of the Texas Health and Safety Code, and the rules of the Texas Natural Resource Conservation Commission. (Thomas Corwin).
Issue Default Order, RM/BM. All Commissioners Agree
CONTESTED (Industrial Hazardous Waste Enforcement Agreed Orders)
Item 21. Docket No. 95-1576-IHW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of North Star Steel Texas in Orange County; Solid Waste Registration No. 31237; for industrial & hazardous waste violations pursuant to the Texas Health Code, and the rules of the Texas Natural Resource Conservation Commission. (Anne Nyffenegger)
Issue Agreed Order, RM/JB. All Commissioners Agree
Item 22. Docket No. 96-1463-IHW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Celotex Corporation in Bexar County; SWR No. 31143; for industrial & hazardous waste violations pursuant to the Texas Water Code, Chapters 5 and 26, the Solid Waste Disposal Act, Texas Health and Safety Code, Chapter 361 and the rules of the Texas Natural Resource Conservation Commission. (Vic McWherter).
Issue Agreed Order, RM/JB. All Commissioners Agree
CONTESTED (Petroleum Storage Tank Enforcement Agreed Orders)
Item 23. Docket No. 96-1280-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Kleberg County Parks and Recreation in Kleberg County; PST Enforcement Identification No. E11428; for petroleum storage tank violations pursuant to the Texas Water Code, Section 26.136, and the rules of the Texas Natural Resource Conservation Commission. (Sushi Modak)
Issue Agreed Order, JB/BM. Commissioner Marquez absent for this item.
Item 24. Docket No. 96-0308-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of B&B Service Center in Grayson County; PST Enforcement Identification No. E11314; 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 Kusumanchi)
Issue Agreed Order, JB/BM. Commissioner Marquez absent for this item.
Item 25. Docket No. 96-1210-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of N.E. Jones Oil Co. in Marion County; PST Enforcement Identification No. E11610; for petroleum storage tank violations pursuant to the Texas Water Code, Section 26.136, and the rules of the Texas Natural Resource Conservation Commission. (Sushi Modak)
Issue Agreed Order, JB/BM. Commissioner Marquez absent for this item.
Item 26. Docket No. 96-1413-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Mr. Seleem Farasheh in Harris County; PST Enforcement Identification No. E10978; for petroleum storage tank violations pursuant to the Texas Water Code, Section 26.136, and the rules of the Texas Natural Resource Conservation Commission. (Sushi Modak)
Issue Agreed Order, JB/BM. Commissioner Marquez absent for this item.
Item 27. Docket No. 96-0556-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Horkey Oil Co., Inc. in Lubbock County; PST Enforcement Identification No. E11525; for petroleum storage tank violations pursuant to the Texas Water Code. (Sushi Modak)
Issue Agreed Order, JB/BM. Commissioner Marquez absent for this item.
Item 28. Docket No. 94-1452-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of David B. Rose in Jackson County;PST Enforcement Identification No. E11357;for petroleum storage tank violations pursuant to the Texas Water Code, Section 26.136, and the rules of the Texas Natural Resource Conservation Commission. (Jaime Lopez)
Issue Agreed Order, JB/BM. Commissioner Marquez absent for this item.
Item 29. Docket No. 96-1093-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Youngblood Oil Company in Panola County;PST Enforcement Identification No. E11596; for petroleum storage tank violations pursuant to the Texas Water Code, Section 26.136, and the rules of the Texas Natural Resource Conservation Commission. (Jaime Lopez)
Issue Agreed Order, JB/BM. Commissioner Marquez absent for this item.
Item 30. Docket No. 96-0973-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Mr. Suk Cha Carter in Bexar County;PST Enforcement Identification No. E11572;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, JB/BM. Commissioner Marquez absent for this item.
CONTESTED (Rules)
Item 31. Docket No. 96-1110-RUL. Consideration for adoption of amendments 30 TAC Chapter 305, Subchapter C, concerning Application for Permit, Subchapter G, concerning Additional Conditions for Solid Waste Storage, Processing, or Disposal Permits, Subchapter I, concerning Hazardous Waste Incinerator Permits, and Subchapter Q, concerning Permits for Boilers and Industrial Furnaces Burning Hazardous Waste; and 30 TAC Chapter 335, Subchapter A, concerning Industrial Solid Waste and Municipal Hazardous Waste in General, Subchapter C, concerning Standards Applicable to Generators of Hazardous Waste, Subchapter E, concerning Interim Standards for Owners and Operators of Hazardous Waste Storage, Processing, or Disposal Facilities, Subchapter F, concerning Permitting Standards for Owners and Operators of Hazardous Waste Storage, Processing, or Disposal Facilities, and Subchapter H, concerning Standards for the Management of Specific Wastes and Specific Types of Facilities. If approved, the amendments would incorporate administrative corrections within the rules and update the commission's hazardous waste rules to address changes to the federal hazardous waste regulations made effective between July 1, 1993, and June 30, 1994. The proposed rules were published in the August 6, 1996, issue of the Texas Register (21 TexReg 7343 and 21 TexReg 7348). (Jace Houston, Ray Austin) (Rule Log No. 96115-335-WS).
Adopt Amendments as recommended, BM/RM. All Commissioners Agree.
Item 32. Docket No. 96-1470-RUL. Consideration for publication of and hearing on a proposed new 30 TAC Chapter 12, Payment of Fees, to add late payment penalty provisions, and proposed conforming amendments to Chapter 101, General Rules, Chapter 290, Water Hygiene, Chapter 291, Water Rates, Chapter 303, Operation of the Rio Grande, Chapter 304, Watermaster Operations, Chapter 305, Consolidated Permits, Chapter 312, Sludge Use, Disposal, and Transportation, Chapter 320, Regional Assessments of Water Quality, Chapter 330, Municipal Solid Waste, Chapter 334, Underground and Aboveground Storage Tanks, and Chapter 335, Industrial Solid Waste and Municipal Hazardous Waste. This rulemaking will establish a uniform penalty policy for the late payment of fees owed the state under the commission's jurisdiction. (Beecher Cameron and Steve Ortiz) (Rule Log No. 96145-012-AD).
Go forward with publication and hearing, JB/RM. All Commissioners Agree
Item 33. Docket No. 96-1574-RUL. Consideration of petition for rulemaking and publication and hearing for the proposed repeal of 30 TAC Sections 351.111-351.113, concerning the Regionalization of the Upper Brushy Creek Watershed. The proposed repeal will remove the Upper Brushy Creek Watershed as a regional area for regionalizing water treatment. The proposed repeal will also remove the Brushy Creek Water Control and Improvement District No. 1 of Williamson and Milam Counties from the role as designated managing entity. These changes would allow for the implementation of a recent agreement among the City of Austin, the City of Round Rock, the Lower Colorado River Authority (LCRA), and the Brazos River Authority (BRA) providing for one regional water treatment facility to be built by LCRA and operated by BRA. (Santos Olivarez) (Rule Log No. 96169-351-WT).
Continued to November 6, 1996
Item 34. Docket No. 96-1482-RUL. Consideration for publication of proposed new 30 TAC Section 297.57, Subchapter E, Chapter 297, relating to Emergency Suspension of Permit Conditions. The purpose of this proposed rule is to clarify existing commission criteria used to determine whether to grant a petition for the temporary suspension of all or part of conditions in a water right relating to beneficial inflows to bays and estuaries and instream uses if the commission finds an emergency exists and there are no feasible, practicable alternatives to the suspension pursuant to Section 11.148 of the Texas Water Code. (Bruce Moulton) (Rule Log No. 96157-297-WT).
Go forward with publication, BM/JB. All Commissioners Agree
Item 35. Docket No. 96-1575-RUL. Consideration for publication of proposed amendments to 30 TAC Section 317.1, concerning General Provisions of the Design Criteria for Sewerage Systems. The proposed amendments will authorize qualified participating municipalities to review and approve wastewater collection and treatment system plans and specifications. (Rule Log No. 96148-317-WT) (Tom Weber)
Go forward with publication with changes. All Commissioners agree.
EXECUTIVE SESSION
Item 36. Docket No. 96-1601-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. 96-1602-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
Item 38. Docket No. 96-1603-EXE. The Commission will meet in closed session to deliberate the appointment, employment, evaluation, reassignment, discipline, duties, or dismissal of the Commission's General Counsel as permitted by Section 551.074 of the Texas Open Meetings Act, Chapter 551 of the Government Code. The Commission may also meet in open session to take action on this matter as required by Section 551.102 of the Texas Open Meetings Act, 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

Wednesday, October 23, 1996

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.

Room 201S, Bldg E.

12118 N. Interstate 35

Item 39. Docket No. 96-1527-RPT. Discussion of an Agency Report on Enforcement Actions from various programs including Agriculture, Air, Industrial & Hazardous Waste, Multi-Media, Municipal Solid Waste, Occupational Certification, Petroleum Storage Tanks, Water Quality, and Public Water Supply. The discussion will also include a description of the status of enforcement backlogs. (John Riley/Paul Sarahan)
No Action Required
Item 40. Docket No. 96-1429-RPT. The Commission will consider a report prepared under Commission rule 122.8(c) concerning winter atmospheric haze in the Dallas/Fort Worth area, and emissions of sulfur dioxide from electric steam generators fired by solid fossil fuel. The Commission will consider making a finding on whether a reduction of emissions will significantly improve winter visibility, and selecting the appropriate emission limits from those specified in the rule. Under the rule, the Commission must make a finding no later than October 31, 1996. (Doyle Pendleton)
Accept the Report and make the finding that no additional controls are justified, RM/BM. Amendment to the recommendation: Mr. Connor will memorialize that in a resolution and also direct staff to go ahead and make whatever appropriate changes there are to section of the rule 112.8 arising out of that. Mr. Marquez accepted.
All Commissioners Agree


SECOND ADDENDUM TO AGENDA

Wednesday, October 23, 1996

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.

Room 201S, Bldg E.

12118 N. Interstate 35

Item 41. Docket No. 96-1149-RES. Consideration of an Amendment to a Commission Resolution directing the Executive Director to suspend the processing of applications for temporary water use permits in the following river basins and coastal basins: Brazos River Basin, Brazos-Colorado Coastal Basin, Colorado River Basin, Colorado-Lavaca Coastal Basin, Nueces River Basin, Nueces-Rio Grande Coastal Basin, Guadalupe River Basin, Lavaca River Basin, Lavaca-Guadalupe Coastal Basin, San Antonio River Basin, San Antonio-Nueces Coastal Basin and tributaries of the Rio Grande. This amendment will remove several basins from the resolution adopted by the Commission on July 24, 1996. (Kadas/Splokulsky)
See Item 42.


THIRD ADDENDUM TO AGENDA

Wednesday, October 23, 1996

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.

Room 201S, Bldg E.

12118 N. Interstate 35

Item 42. Docket No. 96-1149-RES. Consideration of an Amendments to a Commission Resolution directing the Executive Director to suspend the processing of applications for temporary water use permits in the following river basins and coastal basins: Brazos River Basin, Brazos-Colorado Coastal Basin, Colorado River Basin, Colorado-Lavaca Coastal Basin, Nueces River Basin, Nueces-Rio Grande Coastal Basin, Guadalupe River Basin, Lavaca River Basin, Lavaca-Guadalupe Coastal Basin, San Antonio River Basin, San Antonio-Nueces Coastal Basin and tributaries of the Rio Grande. This action will amend the resolution adopted by the Commission on July 24, 1996 and allow for processing of applications for temporary water use permits in all the above mentioned river basins and coastal basins except for that part of the Limestone, that part of the Colorado River Basin upstream of and including Lake Austin, and the mainstream of the Colorado River, not including tributaries, between the Gulf of Mexico and Lake Austin. (Kadas/Sokulsky)
Adopt Resolution as recommended, JR/BM. All Commissioners Agree
Item 43. Docket No. 96-1664-EXE. THE COMMISSION WILL CONDUCT A CLOSED SESSION TO DISCUSS PENDING LITIGATION: In Re Tejas Testing Technology One, L.C. and Tejas Testing Technology Two, L.C. Debtors, Case Nos. 95-12265 and 95-12266, Jointly Administered under Case No. 95-12265-FM in the United States Bankruptcy Court for the Western District of Texas--Austin Division; and Tejas Testing Technology One, L.C. and Tejas Testing Technology Two, L.C., Plaintiffs v. Texas Natural Resource Conservation Commission, Barry McBee, Ralph Marquez, John Baker, Dan Pearson, Dan Morales, James R. Wilson, and William G. Burnett, Defendants, Cause No. A-96-CLEAN AIR ACT-70-JRN, in the United States District Court for the Western District of Texas--Austin Division, and Cause No. 95-14621 in the Travis County District Court, 345th Judicial District. The authority for the closed session is Section 551.071 of the Open Meetings Act, codified as Chapter 551 of the Government Code. The Act requires the Commission to reconvene in open session before taking any vote or making any decision. The Commission may meet in open session to take official action on legal matters with respect to this item.
No Action Taken
Item 44. Docket 96-1665-EXE. Consideration of a legislative appropriation request to compensate Tejas Testing Technology One, L.C. and Tejas Testing Technology Two, L.C. in accordance with section 9.3 of the Contracts for the Motor Vehicle Inspection/Maintenance Program, State of Texas, Dallas/Fort Worth and Southeast Regions.
Continued to November 20, 1996


AGENDA

Wednesday, October 23, 1996

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

1:00 p.m.

Room 201S, Bldg E.

12118 N. Interstate 35

Item 1. TNRCC Docket No,. 96-0799-AIR; SOAH Docket No. 582-96-1380. Consideration of the Administrative Law Judge's Proposal for Decision & Order concerning the request for hearing by David H. Phillips regarding the application of Electrosource, Inc. for Permit No. AQ-29136 to authorize the construction of a lead-acid battery production facility in Hayes County, Texas. Recommendation: Denial of hearing request and issuance of permit. The Commission will also consider the application. (ALJ) Bill Ehret
Accept original Proposal for Decision, include a correction with respect to the calculation under the NACs, reflective of Mr. Eherts comments. Recommend we make a change to Page 1, Line 2, change party status to hearing, Page 4, Paragraph 6, Line 1, change reasonableness to validity, and other changes that are necessary to reflect that we are going to treat the hearing request of Mr. Ptak, Mr. Hague, Mr. & Mrs. Heisler as being withdrawn as opposed to any determination on their substantive merits and that we exclude also and make requisite changes to exclude any determination based on competent evidence. RM/RM. All Commissioners Agree
Item 2. TNRCC Docket No. 96-0267-UCR; SOAH Docket No. 582-96-0757. Consideration of Administrative Law Judge's Proposal for Decision & Order concerning the application of Midnight Enterprises, Inc. for a Certificate of Convenience and Necessity to provide water service in Bandera County, Texas. The applicant also proposed decertification of a portion of CCN No. 11593, which at the time of the application was issued to Bandera Water Company, but was transferred to Cindy Day dba Medina Water Services on August 27, 1996. Recommendation: Denial of application. (ALJ): Sylvia McClellan
Adopt Proposal for Decision and Issue Order, RM/JB. All Commissioners Agree.
Item 3. Docket No. 96-1501-MWD. Consideration of the Motion for Reconsideration filed by North Alamo Water Supply Corporation requesting reconsideration of the Executive Director's issuance of wastewater discharge Permit No. 10503-02 to the City of Edinburg on August 30, 1996. Permit No. 10503-02 authorizes the treatment and disposal of wastes from the Edinburg Wastewater Treatment facilities located northeast of the City of Edinburg in Hidalgo County, Texas. The Motion for Reconsideration explains that North Alamo Water Supply Corporation timely filed a request for hearing.
Continued to November 6, 1996.


OLD BUSINESS AGENDA

Wednesday, October 23, 1996

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.

Room 201S, Bldg E.

12118 N. Interstate 35

Item carried forward from Agenda of September 11, and September 25, 1996.
Item 1. Docket No. 96-1313-IWD. ANCHOR STONE COMPANY for a permit (Proposed Permit No. 03884) to authorize an intermittent, flow variable discharge of mine pit water, process wastewater and stormwater via Outfall 001; and an intermittent, flow variable discharge of stormwater via Outfall 002. The applicant operates a limestone quarry and rock crushing operation. The plant site is adjacent to the south side of Grindstone Road, approximately 1.5 miles south of the intersection of Interstate Highway 20 and Millsap Road and west of the City of Weatherford in Parker County, Texas. The Commission will consider the application and the concerns that have been filed on the application. (Tom Weber/ Bob Sweeney)
Refer to State Office Administrative Hearing, allow Alternative Dispute Resolution 4 to 6 weeks to mediate. JB/RM. Commissioner Marquez voted against.
Item carried forward from Agenda of September 18, 1996 and October 9, 1996.
Item 2. 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)
Approve Renewal, BM/JB. All Commissioners Agree
Item carried forward from Agenda of October 9, 1996.
Item 3. Docket No. 96-0580-RUL. Consideration for adoption of 30 TAC Chapter 106, Section 106.102, regarding Comfort Heating. If adopted, the rule would create a new Section 106.102, which is a recodification of current Standard Exemption No. 3, with changes to allow for burning distillate fuel oil and to allow for the burning of used oil in comfort space heaters if certain operational limitations are met. The proposal was published in the July 12, 1996, issue of the Texas Register (21 TexReg 6412). (Jim Dodds)(Rule Log No. 96121-106-AI).
Adopt 30 TAC Chapter 106, Section 106.102 as recommended by staff, JB/RM. All Commissioners Agree
Item carried forward from Agenda of October 9, 1996.
Item 4. Docket No. 96-0339-RUL. Consideration for adoption of new 30 TAC Chapter 216, Water Quality Performance Standards for Urban Development, Subchapter A, Concerning Water Quality Protection Zones. The rules reflect the implementation of Senate Bill 1017, enacted by the 74th Legislature. These rules will set out the procedures and criteria to be used by the commission in the review and approval of water quality plans and amendments submitted for tracts of land designated as water quality protection zones, designation of water quality protection zones for tracts of land that are less than 1,000 acres but not less than 500 acres in size, determination of the adequacy of annual reports submitted for water quality protection zones and the assessment of fees. The proposed rules were published in the May 3, 1996 issue of the Texas Register. (Rule Log No. 95147-216-WT) (Arthur Talley).
Continued to October 24, 1996
Item carried forward from Agenda of October 9, 1996.
Item 5. Docket No. 96-0581-RUL. Consideration for adoption of 30 TAC Chapter 106, concerning Exemptions from Permitting, Subchapter A, concerning General Provisions. The adopted rules will establish the general requirements for exemptions from permitting in the restructured framework. The proposal was published in the July 12, 1996, issue of the Texas Register (21 TexReg 6409). (Jim Dodds) (Rule Log No. 96122-106-AI).
Adopt TAC Chapter 106, Subchapter A, as recommended by staff, RM/BM. All Commissioners Agree