| Item 1. | Docket No.97-0682-AIR. NORTH TEXAS CEMENT COMPANY for renewal of Air Quality Permit Nos. 4791 A, B and C and consolidation of Air Quality Permit Nos. 1, 838 and 4791 A, B, and C for units at the Portland Cement Plant in Midlothian, Ellis County, Texas. Permit Nos. 4791 A, B and C authorize the use of coal, coke, wood chips and tire-derived fuel (TDF) in Kilns 1,2 and 3. All of permits listed above are to be consolidated into Air Quality Permit No. 1. The location of the existing facility is 900 Gifco Road in Midlothian, Ellis County, Texas. The Commission will consider the application and the hearing requests that have been filed on the application. (Kerry Rowland/David Ferrell) |
| Item 2. | Docket No. 97-0864-AIR. KIRBY WEST DIVISION OF SCOTT FETZER COMPANY for an Air Quality Permit No. 35193 to authorize construction of an Aluminum Die Casting Facility. The proposed facility will be located at 4 Seminole Highway in Andrews, Andrews County, Texas. The Commission will consider the application and the hearing requests filed on the application. (Maria Sanchez/Earl Jones) |
| Item 3. | Docket No.97-0683-MWD. CITY OF ALEDO for an amendment to Permit No. 10847-01 to authorize an increase the discharge of treated domestic wastewater effluent from a volume not to exceed an average flow of 121,000 gallons per day. The applicant is requesting a variance to the buffer zone requirements in accordance with 30 TAC Section 309.13(e)(1)(A). The wastewater treatment facilities are located approximately 0.5 mile west of the intersection of Farm-to-Market Road 5 and Farm-to-Market Road 2376 in the City of Aledo in Parker County, Texas. The Commission will consider the application and the hearing requests that have been filed on the application. |
| Item 4. | Docket No. 97-0614-MSW. WASTE MANAGEMENT OF TEXAS, INC. for an amendment to Permit No. MSW1721, designated Application No. MSW1721-A, to authorize an increase in the permitted height from 79 feet mean sea level to a maximum elevation of 273 feet sea level. The proposed facility will have a maximum height above the existing ground of approximately 240 feet. The proposed redesign decreases the area within the facility permitted boundary from 348 acres to 279 acres. The permitted disposal area within the boundary is proposed to increase rom 70 acres to 170 acres. The permittee is authorized to dispose of municipal solid resulting from o incidental to municipal, community, commercial, institutional and recreational activities: municipal solid waste resulting from construction or demolition projects, Class 1 industrial solid waste, Class 2 industrial solid waste, Class 3 industrial solid waste and special wastes that are properly identified. The acceptance of Class 1, 2 and 3 industrial solid waste, and/or special waste is contingent upon such waste being handled in accordance with 30 TAC Sections 330.136 and 330.137, and in accordance with limitations and special provisions provided in the permit and application. Solid waste may ne initially accepted for disposal at a rate of approximately 155,500 yards per month, but not limited to this amount. The facility is located directly north of State Highway 6, approximately one half (1/2) mile east of the city limits of Alvin in Galveston County, Texas. The Commission will consider the application and the hearing requests that have been filed on the application. |
| Item 5. | Docket No. 97-0615-MSW. COUGAR DISPOSAL, INC. for an amendment to Permit No. MSW1921, designated Application No. MSW1921-A, to authorize an increase in the vertical expansion to an elevation of approximately 103.6 feet mean sea level. The proposed amendment also authorizes: revisions of the final grades and surface water drainage over the existing site; a perimeter drainage system; inclusion of the 15 permanent landfill gas monitoring probes; changes in the groundwater monitoring system. The permittee is authorized to dispose of brush; construction-demolition waste; rubbish; inert material; man-made inert material; trash and yard waste which is free of putrescible; and household waste. In addition, Class II and III industrial plant trash free of putrescibles and Class III inert wastes will be accepted and managed. Petroleum contaminated soil that is within acceptable limits as defined by TNRCC regulations and guidelines will be accepted and disposed of. Solid waste may be accepted, but not limited to, the amount of 750 tons per day. The facility is located on a 114.57-acre site approximately 3.5 miles east of the intersection of East Mount Houston Road and U.S. Highway 59 in Harris County, Texas. The Commission will consider the application and the hearing requests filed on the application. |
| Item 6. | Docket No. 97-0728-CON. Consideration of authorizing the Executive Director to amend Contract No. 6500000033, with AES-Regulatory Services, Inc. for regulatory oversight of Leaking Petroleum Storage Tank cases for the Responsible Party Remediation Section of the PST Division. The amendment would extend the term of the contract to August 31, 1998 and raise the maximum possible contract compensation to allow for the expenditure of the budgeted amount for FY 1998 (up to $1,500,000 increase). (Greg Pfeifer) |
| Item 7. | Docket No. 97-0695-CON. Consideration of authorizing the Executive Director to renew Interagency Cooperation Contract No. 6500000098 with the Texas Alternative Fuels Council for airborne pollution monitoring services. (Laura Rowan/Doyle Pendleton) |
| Item 8. | Docket No. 97-0359-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Mr. Rajni Patel and Mr. Vipul Patel in Angelina County; Enforcement Identification No. 5145 (formerly E11330); 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) |
| Item 9. | Docket No. 96-0555-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Sadru N. Din in Harris County; Enforcement ID No. 4772; for petroleum storage tank violations pursuant to Chapter 26 of the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Lisa Newcombe) |
| Item 10. | Docket No. 96-0848-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of G & G Guerra Enterprises, Inc., in Hidalgo County; Facility ID No. 69629; for petroleum storage tank violations pursuant to Chapter 26 of the Texas Water Code, Chapter 382 of the Texas Health & Safety Code, and the rules of the Texas Natural Resource Conservation Commission. (Lisa Newcombe) |
| Item 11. | Docket No. 97-0293-PST-E. Consideration of an Agreed Order assessing penalties and requiring certain actions of Coliseum Advisory Board in Bexar County; Facility ID No. 0012526; for petroleum storage tank violations pursuant to Chapter 26 of the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission (Lisa Newcombe) |
| Item 12. | Docket No. 97-0067-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Alonso Trevino, Jr. and Petra Trevino Salinas in Hidalgo County; Facility ID No. 48886; for petroleum storage tank violations pursuant to Chapter 26 of the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Lisa Newcombe) |
| Item 13. | Docket No. 97-0372-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Nolan Oil Company, Inc. in Jasper County; Enforcement Identification No. 4901 (formerly E10948); 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) |
| Item 14. | Docket No. 97-0183-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Mrs. Norma O'Neal and Mr. Robert Carr Vincent, dba O'Neal & Vincent in Hutchinson County; Enforcement Identification No. 10137 (formerly E11723); 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) |
| Item 15. | Docket No. 97-0026-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Builders Marble Company in Collin County; Account No. CP-0158-R; 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. (Carl Schnitz) |
| Item 16. | Docket No. 97-0118-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Westside Body Shop in Dallas County; Account No. DB-4339-A; 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. (C. Schnitz) |
| Item 17. | Docket No. 97-0037-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Dalvant Corporation in Kaufman County; Account No. KB-0002-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. (C. Schnitz) |
| Item 18. | Docket No. 96-1519-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Bludworth Bond Shipyard, Inc. in Galveston County; Account No. GB-0593-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. (Randy Norwood) |
| Item 19. | Docket No. 97-0179-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Louisianna-Pacific Corporation in Hardin County; Account No. HF-0010-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. (Lawrence King) |
| Item 20. | Docket No. 97-0116-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Sun Country Motors in El Paso County; Account No. EE-1595-E; 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. (Stacey Young) |
| Item 21. | Docket No. 96-1270-AIR-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Desert Motors, Inc., in El Paso County; Account No. EE-1400-Q; for air quality violations pursuant to the Texas Clean Air Act, Chapter 382 of Texas Health and Safety Code, and the rules of the Texas Natural Resource Conservation Commission. (Cecily Small) |
| Item 22. | Docket No. 96-1752-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of La Marque in Galveston County, Permit No. 10410-001; for water quality violations pursuant to the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Brian Lehmkuhle\Warmink) |
| Item 23. | Docket No. 97-0238-MWD-E. Consideration of an Agreed Order requiring certain actions of City of Avery in Red River County, Permit No. 10733-002; for water quality violations pursuant to the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Brian Lehmkuhle) |
| Item 24. | Docket No. 97-0266-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Malone in Hill County, Permit No. 10514-001; for water quality violations pursuant to the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Brian Lehmkuhle) |
| Item 25. | Docket No. 97-0267-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Benjamin in Knox County; Permit No. 11162-001; for water quality violations pursuant to the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Brian Lehmkuhle). |
| Item 26. | Docket No. 96-1355-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of James F. Lunsford, Trustee for Fairview Joint Venture in Collin County; Permit No. 13806-001; for water quality violations pursuant to Chapter 26 of the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Guy Henry) |
| Item 27. | Docket No. 96-1543-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Malakoff in Henderson County; Permit No. 10738-001; for water quality violations pursuant to Chapter 26 of the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Guy Henry) |
| Item 28. | Docket No. 96-1970-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Harlingen in Cameron County, Permit No. 10490-003; for water quality violations pursuant to the TEX. WATER CODE and the rules of the Texas Natural Resource Conservation Commission. (Lehmkuhle) |
| Item 29. | Docket No. 97-0022-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Holiday Water Services, Inc. in Bandera County; PWS No. 0100037; for Public Water System violations pursuant to the Texas Health & Safety Code and the rules of the Texas Natural Resource Conservation Commission. (T. Napier) |
| Item 30. | Docket No. 96-1993-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Don Kirksey d/b/a J&J Mobile Home Park in Waller County; PWS No. 2370069; for Public Drinking Water violations pursuant to TEX. HEALTH & SAFETY CODE, Section 341.031 and the rules of the Texas Natural Resource Conservation Commission. (Tom Napier) |
| Item 31. | Docket No. 96-1714-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Raymond Wong dba Satsuma Park Villa Mobile Home Park in Harris County; PWS No. 1010763; for public drinking water violations pursuant to Chapter 341 of the Texas Health and Safety Code and the rules of the Texas Natural Resource Conservation Commission. (Cecily Small) |
| Item 32. | Docket No. 96-0672-PWS-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Pete Bell dba Crowley Two Acre Subdivision in Johnson County; PWS No. 1260012; for water quality violations pursuant to Chapter 341.031 of the Texas Health & Safety Code and the rules of the Texas Natural Resource Conservation Commission. (Cecily Small) |
| Item 33. | Docket No. 96-0916-PWS-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Pete Bell dba Stonefield Water System in Johnson County; PWS No. 1260118, CCN No. 12657; for public drinking water violations pursuant to Chapter 341 of the Texas Health & Safety Code and the rules of the Texas Natural Resource Conservation Commission, and for water rates and services violations pursuant to Chapter 13 of the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Cecily Small) |
| Item 34. | Docket No. 96-0354-WWD-E. Consideration of an Agreed Order superseding Default Order Docket No. 96-0354-WWD-E assessing administrative penalties of Arnoldo Mireles dba Falfurrias Water Pump Services, in Brooks County; No License; for water well driller and water pump installer violations pursuant to Chapter 32 and Chapter 33 of the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Kathy Keils/Lee Parham) |
| Item 35. | Docket No. 96-0754-WWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Allen Rutherford in Montgomery County; License No. 1366WP; for water well driller violations pursuant to Chapter 32 and the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Kathy Keils) |
| Item 36. | Docket No. 96-1798-MSW-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Precision Processors, Inc. in Hutchinson County; Municipal Solid Waste Permit No. 647; for municipal solid waste violations pursuant to the Texas Solid Waste Disposal Act, Chapter 361 of the Texas Health and Safety Code, and the rules of the Texas Natural Resource Conservation Commission. (Mary R. Risner) |
| Item 37. | Docket No. 97-0155-IHW-E. Consideration of an Agreed Order Assessing Administrative penalties and requiring certain actions of Newpark Shipbuilding & Repair, Incorporated in Harris County; Solid Waste Registration No. 30177; for industrial & hazardous waste violations pursuant to the Texas Solid Waste Disposal Act, TEX. HEALTH & SAFETY CODE, ANN., Chapter 361 and TEX. WATER CODE, Chapter 26 and the rules of the Texas Natural Resource Conservation Commission. (Noel) |
| Item 38. | Docket No. 97-0756-RES. A resolution authorizing the Executive Director to designate individuals to approve payment documents submitted to the comptroller for the purpose of requesting the comptroller to make payments to vendors and other appropriate parties pursuant to authorized contracts and other expenditures lawfully made. (Katherine Marvin) |
| Item 39. | Docket No. 97-0734-MIS. Consideration of an order temporarily authorizing the Executive Director to continue to issue authorizations, exemptions, and emergency orders under current Commission rules, on behalf of the Commission, and to make delegations of authority in writing to representatives. (David Bolduc) |
| Item 40. | Docket No. 97-0713-RUL. Consideration for publication of, and hearing upon, the proposed repeal of 30 TAC Chapter 114, concerning Control of Air Pollution From Motor Vehicles, for the purpose of reformatting the chapter; proposed new 30 TAC Chapter 114, concerning Control of Air Pollution From Motor Vehicles; and a proposed revision to the State Implementation Plan concerning this proposal. The proposed changes involve renumbering all sections and organizing them into program subchapters, dividing all definitions and placing into general and program specific sections, and rescinding the leaded gasoline requirements found in the old Section 114.1(e). (Alan Henderson/Candy Garrett) (Rule Log No. 97163-114-AI). |
| Item 41. | Docket No. 97-0758-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. |
| Item 42. | Docket No. 97-0759-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. |
| Item 1. | Docket No. 97-0644-CON. Consideration of approval of a contract between the Texas Natural Resource Conservation Commission and the State Office of Administrative Hearings (SOAH), to provide payment to SOAH for services to be rendered during the Fiscal Year beginning 09/01/97 and ending 08/31/98. The Commission may delegate approval authority. |
| Item 2. | Docket No. 97-0541-OSI-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Daniel Schellenberg of Houston County; On-site Sewage Facility Installer Certification No. 3871; for On-site Sewage Facility Installer 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) (Lee Parham) |
| Item 3. | Docket No. 96-1736-OSI-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Charles MacKenzie of McLennan County; On-site Sewage Facility Installer Certification No. 3858; for On-site Sewage Facility Installer 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) (Lee Parham) |
| Item 4. | Docket No. 97-0259-OSI-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Randy G. Wilson of Wood County; On-site Sewage Facility Installer Certification No.907; for On-site Sewage Facility Installer 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). (Lee Parham) |
| Item 5. | Docket No. 97-0278-PST-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Henry Saenz in Hidalgo County; Facility ID No. 42838; for petroleum storage tank violations pursuant to Chapter 26 of the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Lisa Newcombe) |
| Item 6. | Docket No. 97-0505-MWD. CAPITOL VIEW JOINT VENTURE for renewal of Permit No. 12972-01 which authorizes a discharge of treated domestic wastewater effluent at volume not to exceed an average flow of 850,000 gallons per day. The wastewater treatment facilities are off of Thornberry Road approximately 3300 feet southeast of Dalton Road and 4200 feet northeast of State Highway 71 in Travis County, Texas. The Commission will consider the application and the hearing requests that have been filed on the application. |
| Item 1. | Docket No. 97-0645-AGR. Consideration of the timely filed Requests for Commission Review concerning the Executive Director’s determination that no comments submitted concerning the application by Dean Paul Farms for a major amendment to Air and Water Quality Permit-By-Rule No. 03875 demonstrated technical merit. The application by Dean Paul Farms seeks authorization, pursuant to Subchapter K of Chapter 321 of TNRCC rules, to increase the capacity of a swine facility from a maximum of 7,680 head to a maximum of 9,600 head. Wastewater will be beneficially used on 363 acres of agricultural land located on-site. Waste will beneficially used on 473 acres of agricultural land located on-site and 117 acres of agricultural land located off-site. The facility is located on an unpaved county road approximately one mile west of Farm-to-Market Road 1267, approximately 3.8 miles north of the intersection of State Highway 15 and Farm-to-Market Road 1267 in Ochiltree County, Texas. The facility is in the drainage area of Wolf Creek in Segment No. 0100 of the Canadian River Basin. (Robert Martinez) |
| Item 2. | Docket No. 97-0646-AGR. Consideration of the timely filed Requests for Commission Review concerning the Executive Director’s determination that no comments submitted concerning the application by Dean Paul Farms for a major amendment to Air and Water Quality Permit-By-Rule No. 03878 demonstrated technical merit. The application by Dean Paul Farms seeks authorization, pursuant to Subchapter K of Chapter 321 of TNRCC rules, to increase the capacity of a swine facility from a maximum of 7,680 head to a maximum of 9,600 head. Wastewater will be beneficially used on 483 acres of agricultural land located on-site. Waste will beneficially used on 600 acres of agricultural land located on-site. The facility is located on the east side of an unnamed county road approximately four miles south of the intersection of State Highway 15 and the unnamed county road, the intersection being in Waka, 4.8 miles west of State Highway 15 and Farm-to-Market Road 376, in Ochiltree County, Texas. The facility is in the drainage area of Wolf Creek in Segment No. 0104 of the Canadian River Basin. (Robert Martinez) |
| Item 3. | SOAH Docket No. 582-96-0969; TNRCC Docket No. 95-1478-MWD. Consideration of Administrative Law Judge's Proposal for Decision and Order concerning the application of City of Crandall for an amendment to Permit No. 10834-001 to authorize the discharge of up to 600,000 gpd of treated domestic wastewater effluent in Kaufman County, Texas, and Segment No. 0819 of the Trinity River Basin. Recommendation: Issuance of permit (C. Wood) |
| Item 43. | Docket No. 97-0278-PST-E. Consideration of Vacating the Default Order Entered Against Henry Saenz on August 6, 1997 and Adopting an Agreed Order; Facility ID No. 42838; for petroleum storage tank violations pursuant to Chapter 26 of the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Lisa Newcombe) |