Item 1. | Docket No. 97-0762-MWD. RESORT WATER SERVICES INC. has applied to the Texas Natural Resource Conservation Commission (TNRCC) for a new permit, Permit No. 13879-001. The facility was previously permitted under Permit No. 12201-001. The previous permit expired on November 25, 1996. The wastewater treatment facility is serving the Cherokee Shores Subdivision. The proposed permit will authorize a discharge of treated domestic wastewater effluent at a volume not to exceed an average flow of 0.075 million gallons per day. The applicant is also requesting a variance to the buffer zone requirements in accordance with 30 TAC Section 309.13(e)(1)(B). The wastewater treatment facilities are located approximately 0.3 mile south of State Highway 198 and 1.5 miles west of the intersection of State Highway 198 and Farm-to-Market Road 316 in Henderson County, Texas. The Commission will consider the application and the hearing requests that have been filed on the application. |
Item 2. | Docket No. 97-0763-AIR. THE GEON COMPANY for renewal of Permit No. 3855B for an existing Vinyl Chloride Monomer Production Unit. The existing facility is located at 2400 Miller Cutoff Road, La Porte, Harris County, Texas. The Commission will consider the application and the hearing requests that have been filed on the application. (Scott Humphrey/Timothy Friday) |
Item 3. | Docket No. 97-0764-AIR. MOBIL OIL CORPORATION for renewal of Permit No. 7018 to authorize continued operation of two external roof storage tanks (Storage Tank Nos. 2235 and 2236) at the oil refinery storage tank farm. The existing facility is located at the end of Burt Street in Beaumont, Jefferson County, Texas. The Commission will consider the application and the hearing requests that have been filed on the application. (Scott Humphrey/Stephen Anderson) |
Item 4. | Docket No. 97-0746-IWD. Consideration of the application of Lone Star Steel Company for a Temporary order for authorization to remove accumulated storm water by discharge to Peacock Reservoir, thence to Peacock Creek, thence to Ellison Creek Reservoir, thence to Big Cypress Creek below Lake Bob Sandlin in Segment No. 0404 of the Cypress Creek Basin. Lone Star Steel Company operates a steel manufacturing and fabrication plant located approximately 17,700 feet from the intersection of State Highway 250 and U.S. Highway 259, northeast of the City of Lone Star in Morris County, Texas. On November 13, 1996 the TNRCC approved the closure plan of the Unit 03 Impoundment (Solid Waste Registration 30093) to be closed as a landfill. In order to implement the closure plan, storm water which has accumulated in the Unit 03 impoundment must be removed. Accumulated storm water discharged shall not exceed 0.576 million gallons per day. The authorization to discharge would terminate 180 days from date of issuance of the Temporary Order. (Kay Hricik) |
Item 5. | Docket No. 97-0825-BGT. Consideration of Fiscal Year 1998 Costs for Watermaster Operation in the South Texas Water Division. For Commission Action. Pursuant to Texas Water Code Section 11.329; 12.1; 12.3; 12.5 and TAC Section 304.61 of the Commission Rules, the Executive Director requests that the Commission consider Watermaster costs of administration for the fiscal year beginning September 1, 1997 and ending August 31, 1998, for appropriators in the South Texas Water Division, which consists of the Nueces, San Antonio and Guadalupe River Basins, as well as the Lavaca-Guadalupe, San Antonio - Nueces and Nueces -Rio Grande Coastal Basins, except that part of the Nueces - Rio Grande Coastal Basin in Hidalgo, Cameron, Willacy and Starr Counties, and approve $405,329.00 as the amount to be assessed, with the assessment per account to consist of a $50.00 base charge plus a use fee and/or a storage fee calculated from the authorized acre-feet, and a penalty of 5.0% of any delinquent fee due shall be imposed on a person who fails to pay the required fee when due and if the person fails to pay the fee with 30 days after the day which the fee is due, an additional 5.0% penalty shall be imposed. Delinquent fees will accrue interest beginning on the 61st day after their due date. The yearly interest rate on all delinquent fees is 12.0% Penalties and/or interest fees may be waived by the executive director for good cause. |
Item 6. | Docket No. 97-0823-DIS. CONSIDERATION OF A PROPOSED ORDER APPROVING THE APPLICATION BY KIRKMONT MUNICIPAL UTILITY DISTRICT OF HARRIS COUNTY FOR APPROVAL OF A FIRE PROTECTION PLAN. For Commission consideration. Applicant requests approval of the fire protection plan and approval of contract providing fire protection services. (TNRCC Internal Control No. 042897-D02, Robert Cummins) |
Item 7. | Docket No. 97-0822-DIS. CONSIDERATION OF A PROPOSED ORDER APPROVING THE APPLICATION BY SAGEMEADOW UTILITY DISTRICT OF HARRIS COUNTY FOR APPROVAL OF A FIRE PROTECTION PLAN. For Commission consideration. Applicant requests approval of a fire protection plan and approval of contract providing fire protection services. (TNRCC Internal Control No. 041697-D01, Robert Cummins) |
Item 8. | Docket No. 96-1154-UCR. Consideration of a contract between the Town of Flower Mound and Bartonville Water Supply Corporation designating the areas to be served by their Certificates of Convenience and Necessity and of an application by the Town of Flower Mound to amend Certificate of Convenience and Necessity No. 10982 and to decertify a portion of Certificate of Convenience and Necessity No. 10197 issued to Bartonville Water Supply Corporation in Denton County, Texas. (Lara Nehman/Vera Poe) |
Item 9. | Docket No. 95-0697-UCR. Consideration of a Nunc Pro Tunc Order Correcting the Commission's Order Issued July 18, 1997 approving a Contract between the City of Palestine and Pleasant Springs Water Supply Corporation designating the areas to be served by their Certificates of Convenience and Necessity and of applications by the City of Palestine to amend Certificate of Convenience and Necessity No. 12135 and to decertify a portion of Certificate of Convenience and Necessity No. 10796 issued to Pleasant Springs Water Supply Corporation in Anderson County, Texas. (Lara Nehman/Vera Poe) |
Item 10. | Docket No. 97-0832-AIR. Consideration of a Petition and Proposed Order regarding Designation of Single Property, pursuant to 30 TAC §101.2(b), concerning Multiple Air Contaminant Sources or Properties, submitted by Texas Instruments Incorporated; Solectron Texas, L.P.; Blackstone/TCC Austin Partners, L.P.; Raytheon TI Systems, Inc.; and DSC Telecom, L.P.. If granted the petitioners will have their properties designated as a single property for the purpose of demonstrating compliance with TNRCC regulations and the control of air emissions. (Janis Hudson, Victoria Hsu) |
Item 11. | Docket No. 97-0833-AIR. Consideration of a Petition and Proposed Order regarding Designation of Single Property, pursuant to 30 TAC §101.2(b), concerning Multiple Air Contaminant Sources or Properties, submitted by Texas Instruments Incorporated; Raytheon TI Systems, Inc.; and Air Liquide Electronics, Chemicals & Services, Inc. If granted the petitioners will have their properties designated as a single property for the purpose of demonstrating compliance with TNRCC regulations and the control of air emissions. (Janis Hudson, Victoria Hsu) |
Item 12. | Docket No. 97-0834-AIR. Consideration of a Petition and Proposed Order regarding Designation of Single Property, pursuant to 30 TAC §101.2(b), concerning Multiple Air Contaminant Sources or Properties, submitted by Texas Instruments Incorporated; MEMC Southwest, Inc.; Raytheon TI Systems, Inc.; and Air Liquide Electronics, Chemicals & Services, Inc.. If granted the petitioners will have their properties designated as a single property for the purpose of demonstrating compliance with TNRCC regulations and the control of air emissions. (Janis Hudson, Victoria Hsu) |
Item 13. | Docket No. 96-1391-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Valley Feed Mills, Incorporated in El Paso County; Account No. EE-0089-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. (Tel Croston) |
Item 14. | Docket No. 97-0018-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of John Bludworth Marine, Incorporated in Harris County; Account No. HX-1192-D; 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. (Gloria Stanford) |
Item 15. | Docket No. 97-0459-AIR-E. Consideration of an Agreed Order requiring certain actions of Porter Trailer Sales-Porter Consignment Center in Montgomery County; Account No. MQ-0549-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. (Sheila Smith) |
Item 16. | Docket No. 97-0164-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of The Painting Place, Incorporated in Collin County; Account No. CP-0365-K; 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. (David Edge) |
Item 17. | Docket No. 97-0273-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Dallas Fabrication, Incorporated in Dallas County; Account No. DB-3140-J; 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. (David Edge) |
Item 18. | Docket No. 97-0134-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of KO Steel Foundry & Machine, A Division of TIC United Corporation in Bexar County; Account No. BG-0112-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. (Carl Schnitz) |
Item 19. | Docket No. 97-0146-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Transport Service Company in Brazoria County; Account No. BL-0248-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 20. | Docket No. 97-0177-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of CEI Roofing, Incorporated in Tarrant County; Account No. TA-3349-W; 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. (Suzanne Walrath) |
Item 21. | Docket No. 97-0213-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of New Caney Paint and Body Shop in Montgomery County; Account No. MQ-0534-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. (Carl Schnitz) |
Item 22. | Docket No. 96-1422-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Mr. Sulaiman Thobani in Denton County; PST Enforcement Identification No. E11671; for petroleum storage tank violations pursuant to the Texas Health and Safety Code, Chapter 382, and the rules of the Texas Natural Resource Conservation Commission. (Adele Noel) |
Item 23. | Docket No. 97-0663-RES. Consideration of Nominations and Appointments of Eleven Positions on the Municipal Solid Waste Management and Resource Recovery Advisory Council and a President Appointed by Chairman Barry McBee. |
Item 24. | Docket No. 97-0664-RES. Consideration of Nominations and Appointment of a Representative of Oil Manufactures to the Used Oil Grant Program Advisory Committee. |
Item 25. | Docket No. 97-0416-MLM. Consideration of TNRCC Docket No. 95-1532-MLM, SOAH Docket No. 582-95-1618, and TNRCC Docket No. 96-1533-MLM-E, Soah Docket No. 582-97-0261, concerning AMERICAN ECOLOGY ENVIRONMENTAL SERVICES CORPORATION, which on June 3, 1997, were referred by the Commission to Alternative Dispute Resolution (ADR) for resolution of the remaining issues in these two cases. This hazardous waste storage and recycling facility is operated in Winona, Smith County, Texas. The Executive Director and the Mediator will update the Commission concerning the status of the negotiations in this matter. The Executive Director may discuss options for future proceedings in this case and request action from the Commission on those options. Robin Smith |
Item 26. | Docket No. 97-0286-RUL. Consideration for adoption of amendments to 30 TAC Chapter 334, Subchapter H, Sections 334.309, 334.310, 334.322, concerning the Reimbursement Program; for repeal of 30 TAC Chapter 334, Subchapter M, Section 334.560, concerning Reimbursable Cost Guidelines for the Petroleum Storage Tank Reimbursement Program; and for adoption of new 30 TAC Chapter 334, Subchapter M, Section 334.560, concerning Reimbursable Cost Guidelines for the Petroleum Storage Tank Reimbursement Program. If approved, the amendments, repeal, and new section would update the Reimbursable Cost Guidelines to reflect current market costs for corrective action activities and make minor amendments to clarify and streamline the rules regarding the reimbursement of corrective action activities in the petroleum storage tank program. The proposed rules were published in the May 27, 1997, issue of the Texas Register (22 TexReg 4559). (Dan Neal)(Rule Log No. 97101-334-WS). |
Item 27. | Docket No. 97-0739-RUL. Consideration for publication of, and hearing upon, the proposed repeal of 30 TAC Section 70.4, concerning Annual Enforcement Report; and for publication of, and hearing upon, proposed new 30 TAC Section 70.4, concerning Annual Enforcement Report. The proposed new section would provide for the development of an electronic enforcement report in accordance with Texas Water Code, Section 5.123. The repeal would remove current requirements and would result in a streamlined process for the report's development. (Anne Dobbs) (Rule Log No. 97158-070-AD). |
Item 28. | Docket No. 97-0813-RUL. Consideration for publication of proposed amendments to 30 TAC Chapter 330, Subchapter Z, Sections 330.1181 and 330.1183, concerning Waste Minimization and Recyclable Materials. The proposed amendments would amend the allowable used oil filter (UOF) storage quantity to make it possible for persons handling UOFs to accumulate larger quantities of UOFs without becoming a storage facility. (Tooran Khosh) (Rule Log No. 97169-330-WS). |
Item 29. | Docket No. 97-0836-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 30. | Docket No. 97-0837-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. 97-0416-MLM Consideration of TNRCC Docket No. 95-1532-MLM, SOAH Docket No. 582-95-1618 and TNRCC Docket No. 96-1533-MLM-E, SOAH Docket No. 582-97-0261, concerning AMERICAN ECOLOGY ENVIRONMENTAL SERVICES CORPORATION, which on June 3, 1997, were referred by the Commission to Alternative Dispute Resolution (ADR) for resolution of the remaining issues in these two cases. This hazardous waste storage and recycling facility operated in Winona, Smith County, Texas. The Executive Director and Mediator will update the Commission concerning the status of the negotiations in this matter, and request further guidance from the Commission concerning whether to extend the June 3rd Orders time limit of June 30, 1997, for resolution of these matters, or proceed with some other option. (Robin Smith, Elisa Fontenot) |
Item 2. | 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 3. | 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 4. | 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 1. | Docket No. 96-0772-IWD. Consideration of the Motion for Rehearing filed by the Texas Shrimp Association regarding the Commission's order issued July 9, 1997 concerning the application of St. Martin's Seafood Partnership for wastewater discharge Permit No. 03819. Permit No. 03819 authorizes the discharge of 9 million gallons per day of effluent from St. Martin's Seafood Partnership's mariculture operation in Calhoun County, Texas, into Segment No. 2451 of the bays and estuaries. |
Item 31. | Docket No. 97-0860-EXE. The Commission will meet in closed session to discuss legal matters with counsel. The legal matters concern the following pending litigation: (1) Cross Timbers Concerned Citizens v. Jane Saginaw, Regional Administrator, Environmental Protection Agency, Region VI, and Paul Johnson, Chief, United States Department of Agriculture, Natural Resources Conservation Service, Cause No. 397CV1564 in the United States District Court for the Northern District of Texas, Dallas Division, and (2) City of Longview v. TNRCC, Cause No. 97-08583 in the 98th Judicial District Court of Travis County, Texas. The authority for the closed session is Section 551.071 of the Open Meetings Act, Chapter 551 of the Government Code. The Act requires the Commission to reconvene in open session prior to taking any vote or making decisions. The Commission may meet in open session to take official action concerning these matters. |
Item 32. | Docket No. 96-1154-UCR. Consideration of approval of the portions of a contract between the Town of Flower Mound, Bartonville Water Supply Corporation, and Amalgamated Financial Corporation designating the areas to be served by the Town of Flower Mound and Bartonville Water Supply Corporation pursuant to their Certificates of Convenience and Necessity and of an application by the Town of Flower Mound to amend Certificate of Convenience and Necessity No. 10982 and to decertify a portion of Certificate of Convenience and Necessity No. 10197 issued to Bartonville Water Supply Corporation in Denton County, Texas. (Lara Nehman/Vera Poe) |
Item 33. | Docket No. 96-1154-UCR. Consideration of a Nunc Pro Tunc Order Correcting the Commissions Order Issued July 18, 1997 approving the portions of a contract between the City of Palestine, Pleasant Springs Water Supply Corporation, and Memorial Hospital Foundation, Inc. designating the areas to be served by the City of Palestine and Pleasant Springs Water Supply Corporation pursuant to their Certificates of Convenience and Necessity and of applications by the City of Palestine to amend Certificate of Convenience and Necessity No. 12135 and to decertify a portion of Certificate of Convenience and Necessity No. 10796 issued to Pleasant Springs Water Supply Corporation in Anderson County, Texas. (Lara Nehman/Vera Poe) |