MCBEE
MARQUEZ
BAKER
CONTESTED AGENDA

Wednesday, January 22, 1997

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 A.M.

Bldg E. Room 201S

12118 N. Interstate 35

UNCONTESTED (Agency Enforcement Report)
Item 1. Docket No. 97-0001-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 the enforcement backlog. (Anne Dobbs/Paul Sarahan).
No Action Required
CONTESTED (Hearing Request)
Item 2. Docket No. 96-1944-MWD. DONALD L. GALE for a permit (Proposed Permit No. 13853-01) to authorize a discharge of treated domestic wastewater effluent at a volume not to exceed an average flow of 29,500 gallons per day. The permittee is also requesting a variance to the buffer zone requirements in accordance with 30 TAC Section 309.13(e)(1)(C). The plant site is approximately 200 feet east of Farm-to-Market Road 2946, approximately 1.2 miles south of the intersection of Farm-to-Market Road 2946 and State Highway 514, and approximately 7.5 miles east-northeast of the City of Emory in Rains County, Texas. The Commission will consider the application and hearing requests that have been filed on application (Margaret Hoffman/Tom Weber)
Grant Hearing Request, Allow 4 weeks for Alternative Dispute Resolution to try Mediation, if mediation fails forward hearing request to State Office of Adminstrative Hearings, JB/BM. All Commissioners Agree
Item 3. Docket No. 96-1882-IWD. UNIMIN CORPORATION for a permit (Proposed Permit No.03911) to authorize an intermittent, flow variable discharge of process wastewater and stormwater via Outfalls 001 and 002. The applicant proposes to operate a silica sand mining and processing facility. The plant site is located south of Highway 71 approximately 2000 feet east of the intersection of Highway 1851 and Highway 71 near the City of Voca, McCulloch County, Texas. The Commission will consider the application and the hearing requests that have been filed on the application. (Margaret Hoffman/Tom Weber)
Continued to February 19, 1997
Item 4. Docket No. 96-1537-IHW. CHAPARRAL STEEL MIDLOTHIAN, L.P. for a Class 3 Modification to the Permit No. HW-50162 in accordance with 30 TAC Section 305.69. The permit modification will authorize the continued operation of one existing container storage area, one existing pelletizer silo and one existing tank for the storage of industrial hazardous waste. These units have been operating under interim status. The facility is located at 300 Ward Road, Midlothian, Texas, approximately two miles south of U.S. Highway 287, one-fourth mile south of U.S. Highway 67 and 1000 feet west of Ward Road, approximately two and one-half miles southwest of Midlothian, Texas, on approximately 298 acres near Midlothian, Ellis County, Texas. The Commission will consider the application and the hearing requests that have been filed on the application. (John Clegg/Helen Gilbert)
Continued to March 5, 1997
Item 5. Docket No. 97-0014-AIR. Application of Wise Ready Mix Concrete, Inc. for a Standard Exemption authorizing the proposed construction of a concrete batch plant to be located approximately 1.6 miles west northwest of Azle, off Jacksboro Highway. (Peter Gregg)
Continued to February 19, 1997
CONTESTED (Air Enforcement Agreed Orders)
Item 6. Docket No. 96-1124-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Texas Department of Criminal Justice in Walker County; Account No. WA-0069-B; for air quality violations pursuant to the Texas Clean Air Act, Chapter 382 and the rules of the Texas Natural Resource Conservation Commission. (Lance Owens)
Issue Agreed Order, RM/BM. All Commissioners Agree
Item 7. Docket No. 96-1026-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Nagel Manufacturing in Burleson County; Account No. BR-0016-K; for air quality violations pursuant to the Texas Clean Air Act, Chapter 382 and the rules of the Texas Natural Resource Conservation Commission. (Lance Owens)
Issue Agreed Order, RM/BM. All Commissioners Agree
Item 8. Docket No. 96-0683-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Nagel Manufacturing in Caldwell County; Account No. CA-0010-D; for air quality violations pursuant to the Texas Clean Air Act, Chapter 382 and the rules of the Texas Natural Resource Conservation Commission. (Lance Owens)
Issue Agreed Order, RM/BM. All Commissioners Agree
Item 9. Docket No. 96-0737-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of P and C Motors in Dallas County; Account No. DB-3383-E; 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. (Tel Croston)
Issue Agreed Order, RM/BM. All Commissioners Agree
Item 10. Docket No. 96-1275-AIR-E. Consideration of an Agreed Order requiring certain actions of Kool Hand Fiberglass in Johnson County; Account No. JH-0250-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, RM/BM. All Commissioners Agree
Item 11. Docket No. 96-0826-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Mesa Processing, Inc. in Dallas County; Account No. DB-1564-M; 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, RM/BM. All Commissioners Agree
Item 12. Docket No. 96-1248-AIR-E. Consideration of an Agreed Order requiring certain actions of National Recycling and Developers, Inc. in Johnson County; Account No. JH-0245-V; 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, RM/BM. All Commissioners Agree
CONTESTED (Petroleum Storage Tank Agreed Enforcement Orders)
Item 13. Docket No. 96-1530-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Northeast Texas Travel Centers in Hunt County; PST Enforcement Identification No. E11570; 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. All Commissioners Agree
Item 14. Docket No. 96-1617-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Mr. Imad Wadi in Navarro County; PST Enforcement Identification No. E11693; 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, RM/BM. All Commissioners Agree
Item 15. Docket No. 96-0393-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Travis County Transportation and Natural Resource Department in Travis County; PST Enforcement Identification No. E11500; 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. All Commissioners Agree
Item 16. Docket No. 96-1726-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Mr. Jim Park in McLennan County; Enforcement ID No. E11267; for petroleum storage tank violations pursuant to Chapter 26 of the Texas Water Code, and the rules of the Texas Natural Resource Conservation Commission. (Walter Ehresman).
Issue Agreed Order, RM/BM. All Commissioners Agree
CONTESTED (Multi-Media Agreed Enforcement Orders)
Item 17. Docket No. 96-0771-MLM-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Lone Star Industries, Inc. in Nolan County; Solid Waste Registration No. 32552, Air Account No. ND-0014-S, Air Permit No. 5918; for air quality, water quality and industrial & hazardous waste violations pursuant to the Texas Clean Air Act, Texas Solid Waste Disposal Act, Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (John Sadlier)
Issue Agreed Order, RM/BM. All Commissioners Agree
Item 18. Docket No. 96-0951-MLM-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Signtech U.S.S. in Bexar County;Solid Waste Registration No. 39225 for industrial and hazardous waste violation pursuant to the Texas Solid Waste Disposal Act, the Texas Health and Safety Code, the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Adele Noel)
Issue Agreed Order, RM/BM. All Commissioners Agree
CONTESTED (On-Site Installers Enforcement Agreed Orders)
Item 19. Docket No. 96-1150-OSI-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Grady Boyd in Bosque County; Certification No. 1201; for certification violations pursuant to the Texas Health and Safety Code Chapter 366.004 and 366.051(c) and the rules of the Texas Natural Resource Conservation Commission. (30 TAC Chapter 285.107) (Lee Parham)
Issue Agreed Order, RM/BM. All Commissioners Agree
Item 20. Docket No. 96-1681-OSI-E. Consideration of an Agreed Order requiring certain actions of James Colley in Travis County; OSSF Certification No. 4557; for Health and Safety Code violations pursuant to the Texas Health and Safety Code Chapter 366 and the rules of the Texas Natural Resource Conservation Commission. (30 TAC Chapter 285.107) (Lee Parham)
Issue Agreed Order, RM/BM. All Commissioners Agree
Item 21. Docket No. 96-1024-OSI-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Joe Hill in McCulloch County; OSSF Certification No. 1233; for Health and Safety Code violations pursuant to the Texas Health and Safety Code Chapter 366. (Lee Parham)
Issue Agreed Order, RM/BM. All Commissioners Agree
CONTESTED (Landscape Irrigator Installers Enforcement Agreed Orders)
Item 22. Docket No. 96-0860-LII-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Marquette Payton of Ft. Bend County; Unlicensed Landscape Irrigator; for landscape irrigator licensing violations pursuant to the Texas Water Code Chapter 34 and the rules of the Texas Natural Resource Conservation Commission. (30 TAC Chapter 344) (Lee Parham)
Issue Agreed Order, RM/JB. All Commissioners Agree
Item 23. Docket No. 96-0705-LII-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Chris Berkebile in Travis County; Unlicensed Landscape Irrigator; for landscape irrigator licensing violations pursuant to Chapter 34 of the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (30 TAC Chapter 344 (Lee Parham)
Issue Agreed Order, RM/JB. All Commissioners Agree
Item 24. Docket No. 96-0706-LII-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Nancy Brown of Travis County; Unlicensed Landscape Irrigator; for landscape irrigator licensing violations pursuant to Chapter 34 of the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (30 TAC Chapter 344) (Lee Parham)
Remand to Executive Director. All Commissioners Agree
CONTESTED (Public Water Supply Enforcement Agreed Orders)
Item 25. Docket No. 96-0676-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Presbyterian Pan American School in Kleberg County; PWS No. 1370009;for Public Drinking Water violations pursuant to the Texas Health and Safety Code and the rules of the Texas Natural Resource Conservation Commission. (G. Henry and K. Wheatley)
Issue Agreed Order, RM/JB. All Commissioners Agree
CONTESTED (Water Well Drillers Enforcement Agreed Orders)
Item 26. Docket No. 96-0658-WWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Ronnie Abston in Grayson County; Water Well Driller/Pump Installer License No. 1727WI, for water well driller violations pursuant to the Texas Water Code Chapter 32 and the rules of the Texas Natural Resource Conservation Commission. (30 TAC Chapter 338) (Lee Parham)
Issue Agreed Order, RM/BM. All Commissioners Agree
Item 27. Docket No. 96-0661-WWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Jerry Kashwer in Grimes County; Water Well Driller/Pump Installer License No. 1727WI for water well driller violations pursuant to the Texas Water Code Chapter 32 and the rules of the Texas Natural Resource Conservation Commission. (30 TAC Chapter 338) (Lee Parham)
Issue Agreed Order, RM/BM. All Commissioners Agree
Item 28. Docket No. 96-1365-WWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Donald Dean Davis of Jim Hogg County; Water Well Driller License No. 3104W; for water well driller violations pursuant to the Texas Water Code Chapter 32 and the rules of the Texas Natural Resource Conservation Commission. (30 TAC Chapter 338) (Lee Parham)
Issue Agreed Order, RM/BM. All Commissioners Agree
CONTESTED (Pollution Cleanup)
Item 29. Docket No. 96-1988-PC. Consideration of an order to authorize the Executive Director to expend in excess of $1,000,000.00 to conduct an immediate removal action within the Cadillac Heights Residential Area in Dallas, Dallas County, Texas. (G. PFEIFER)
Continued to Februrary 5, 1997 at 1:00 p.m.
CONTESTED (Contract)
Item 30. Docket No. 96-1981-CON. Consideration of a request to increase the total amount of the Composer I-CASE (Integrated - Computer Aided Software Engineering) Facilitation Services contract, contract number 7200000032, up to the full amount authorized for the projects in the Agency's Legislative Appropriations Request. The requested increase is required for continuing development of software for Agency critical programs. (Douglas Benn).
Approve Staff Recommendation, RM/JB. All Commissioners Agree
CONTESTED (Rules)
Item 31. Docket No. 96-1470-RUL. Consideration for adoption of new 30 TAC Chapter 12, Payment of Fees, to add late payment penalty provisions, adoption of conforming amendments to Chapter 101, General Rules, and revisions to the State Implementation Plan, and adoption of conforming amendments to 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. If adopted, this rulemaking will establish a uniform penalty policy for the late payment of fees owed the state under the commission's jurisdiction. The proposal was published in the November 5, 1996, issue of the Texas Register, (21 TexReg 10863). (Beecher Cameron and Steve Ortiz) (Rule Log No. 96145-012-AD).
Approve Staff Recommendation, RM/JB. All Commissioners Agree
EXECUTIVE SESSION
Item 32. Docket No. 97-0024-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.
Continued to January 23, 1997 work session
Item 33. Docket No. 97-0025-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.
Continued to January 23, 1997 work session
(PERSONS WITH DISABILITIES WHO PLAN TO ATTEND THE TNRCC AGENDA AND WHO MAY NEED AUXILIARY AIDS OR SERVICES SUCH AS INTERPRETERS FOR PERSONS WHO ARE DEAF OR HEARING IMPAIRED, READERS, LARGE PRINT, OR BRAILLE ARE REQUESTED TO CONTACT DOUG KITTS IN THE OFFICE OF THE CHIEF CLERK AT (512) 239-3317 AT LEAST TWO (2) WORK DAYS PRIOR TO THE AGENDA, SO THAT APPROPRIATE ARRANGEMENTS CAN BE MADE.)(PERSONS WHO DESIRE THE ASSISTANCE OF AN INTERPRETER IN CONJUNCTION WITH THEIR ORAL PRESENTATION AT THIS TNRCC AGENDA ARE REQUESTED TO CONTACT DOUG KITTS IN THE OFFICE OF CHIEF CLERK AT (512) 239-3317 AT LEAST FIVE (5) WORK DAYS PRIOR TO THE AGENDA SO THAT APPROPRIATE ARRANGEMENTS CAN BE MADE.)
REGISTRATION FOR AGENDA STARTS AT 8:45 A.M. UNTIL 9:30 A.M. PLEASE REGISTER BETWEEN THESE TIMES. LATE REGISTRATION COULD RESULT IN YOUR MISSING THE OPPORTUNITY TO COMMENT ON YOUR ITEM.


ADDENDUM TO AGENDA

Wednesday, January 22, 1997

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.

Room 201S, Bldg E.

12118 N. Interstate 35

Item 34. Docket No. 97-0033-EXE. The Commission will meet in closed session to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of the Commission's Director of the Office of Public Assistance 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.
Continued to January 23, 1997 work session


SECOND ADDENDUM TO AGENDA

Wednesday, January 22, 1997

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.

Room 201S, Bldg E.

12118 N. Interstate 35

Item 35. Docket No. 97-0039-EXE. The Commission will consider in open meeting legislative matters related to its jurisdiction, including proposed legislation and related position papers, briefing materials, and status reports. The Commission may also meet in closed meeting to receive legal advice regarding these matters as authorized by Section 551.071 of the Open Meetings Act, Chapter 551 of the Government Code. Any Commission action, decision or vote on these matters will be made in open meeting in accordance with Section 551.102 of the Open Meetings Act, Chapter 551 of the Government Code.
No Action Taken


OLD BUSINESS AGENDA

Wednesday, January 22, 1997

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.

Room 201S, Bldg E.

12118 N. Interstate 35

Item carried forward from Agenda of January 8, 1997.
Item 1. Docket No. 96-1371-RUL. Consideration for approval of a petition by 3M Company under 30 TAC Chapter 115, Subchapter G, Section 115.613(c), concerning Alternate Control Requirements. Approval would authorize 3M to develop, test, and market two spray adhesive products by July 1, 1997, and delay compliance with the volatile organic compound emission limits in Section 115.612(a)(1) of the Chapter 115 consumer products rule. (Mike Magee) (Rule Log No. 96152-115-SIP).
Approve petition, RM/JB. All Commissioners Agree


OLD BUSINESS AGENDA

Wednesday, January 22, 1997

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

1:00 p.m.

Room 201S, Bldg E.

12118 N. Interstate 35

Item carried forward from Agenda of December 18, 1996.
Item 1. Docket No. 96-1488-MWD. CITY OF SHERMAN for an amendment to Permit No. 10329-01 to authorize an increase in the discharge volume. The proposed amendment would increase the discharge of treated domestic wastewater effluent from a volume not to exceed an average flow of 12,000,000 gallons per day to a volume not to exceed an average flow of 16,000,000 gallons per day. The permittee is also requesting a variance to the buffer zone requirements in accordance with 30 TAC Section 309.13(e)(1)(A). The wastewater treatment facilities are south of the Farm-to-Market Road 1417 Bridge over Post Oak Creek on the west side of Post Oak Creek southeast of the City of Sherman in Grayson 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 Alternative Dispute Resolution for Mediation, if mediation unsuccessful return to Commissioners, BM/RM. Commissioner Marquez Abstains.
Item carried forward for November 20, and December 18, 1996.
Item 2. TNRCC Docket No. 95-1270-IHW-E; SOAH Docket No. 582-95-1654. Consideration of Administrative Law Judge's Proposal for Decision & Order concerning the motion in favor of the Executive Director of the Texas Natural Resource Conservation Commission for summary disposition and the petition of the Executive Director seeking revocation of Permits No. HW-50003, WDW-73 and WDW-138 issued to Malone Service Company, Galveston, County, Texas. Recommendation: Grant Summary disposition and revoke permits. ALJ: Carol Wood
Continued to April 30, 1996, RM/JB. All Commissioners Agree
Item carried forward from Agenda of November 20, 1996 and December 18, 1996.
Item 3. Docket No. 96-1662-SLG. Consideration of motions for reconsideration concerning the issuance by the executive director of registration No. 71739 to Cary Juby and F. Eugene Juby on September 17, 1996. This registration authorizes the land application of certain domestic wastewater treatment sludge, water treatment sludge and domestic septage products. This site is located on the northwest side of the intersection of State Highway 183 and County Road 210. This intersection is approximately 1500 feet south of Briggs in Burnet County, Texas.
Grant Motion for Reconsideration, correct volume, and accept a change in ownership of Registration and land. Existing Registration remains in affect until amendment is issued, RM/JB. All Commissioners Agree


ADDENDUM TO AGENDA

Wednesday, January 22, 1997

1:00 p.m.

Room 201S, Bldg E.

12118 N. Interstate 35

Item 4. Docket No. 96-1662-SLG. Consideration of motions for reconsideration, applicant's plea to the jurisdiction, and other matters relating to the issuance by the Executive Director of registration No. 710739 to Gary Juby and F. Eugene Juby on September 17, 1996. This registration authorizes the land application of certain domestic wastewater treatment sludge, water treatment sludge and domestic septage products. This site is located on the northwest side of the intersection of State Highway 183 and County Road 210. This intersection is approximately 1500 feet south of Briggs in Burnet County.
Deny Plea of Jurisdiction, BM/JB. All Commissioners Agree


AGENDA

Wednesday, January 22, 1997

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

2:00 p.m.

Room 201S, Bldg E.

12118 N. Interstate 35

Item 1. TNRCC Docket No. 96-1206-RAW; SOAH Docket No. 582-96-1042. Consideration of questions certified to the Commission by the State Office of Administrative Hearings concerning the application of the Texas Low-Level Radioactive Waste Disposal Authority for License No. RW-3100 (Hudspeth County)
Certified Question #1. Answer affirmative, BM/JB. All Commissioners Agree.
Certified Question #2. Answer affirmative, BM/RM. All Commissioners Agree.
Item continued to January 23, 1997 work session.