AGENDA

Wednesday, May 12, 1999

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

8:30 a.m.

Room 201S, Bldg E.

12100 Park 35 Circle

Item 1. Docket No. 1998-1154-EXE. The Commission will meet in closed session to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of the Commission's Executive Director, 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
Item 2. Docket No. 1999-0024-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.
No Action Taken
Item 3. Docket No. 1999-0025-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. 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


OLD BUSINESS AGENDA

Wednesday, May 12, 1999

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.

Room 201S, Bldg E.

12100 Park 35 Circle

Item carried forward from Agenda of April 7, 1999.
Item 1. Docket No. 1999-0436-MWD. Consideration of RAYFORD ROAD MUNICIPAL UTILITY DISTRICT'S request for an Order under Texas Water Code Sections 26.019 and 26.027(c) authorizing commencement of construction of an expansion of its wastewater facility before Commission consideration of the District's application for an amendment. The wastewater treatment facility expansion would be located north of Rayford Road approximately 2.1 miles east of the intersection of Rayford Road and Interstate Highway 45, in Montgomery County, Texas. The proposed authorization to construct would not permit the treatment of discharge of any wastewater from the new construction. (Fread Houston/Zdenek Matl)
Deny Authorization to Construct, RH. Motion dies for lack of second. Grant Authorization to Construct, with instructions to General Counsel regarding permit hearing that is before State Office Administrative Hearing, JB/RM. Huston Voted No


ADDENDUM TO OLD BUSINESS AGENDA

Wednesday, May 12, 1999

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.

Room 201S, Bldg E.

12100 Park 35 Circle

Item carried forward from Agenda of April 28, 1999.
Item 2. Docket No. 1999-0414-MWD. Consideration of permit application 11077-002, submitted by CITY OF FATE for a new permit, proposed Texas Pollutant Discharge Elimination System (TPDES) Permit No. 11077-002, which authorizes the discharge of treated domestic wastewater with a daily average flow not to exceed 200,000 gallons per day. The plant site is located approximately 1,000 feet east of the intersection of State Highway 66 and Farm-to-Market Road 55 in Rockwall County, Texas. The Commission will also consider hearing requests, related responses and replies, public comment and the Executive Director's response to comments.(Robert Robinson/Margaret Hoffman)
Remand to Executive Director, RM/RH. All Commissioners Agree
Item carried forward from Agenda of April 28, 1999.
Item 3. Docket No. 1999-0514-MWD. Consideration of a Request by North Texas Municipal Water District for an Order authorizing construction of a wastewater treatment facility in Denton County, Texas, before Commission consideration of its application for a wastewater discharge permit under Sections 26.019 and 26.027(c) of the Texas Water Code. The proposed authorization to construct would not permit the use of the newly constructed additions to the applicants wastewater treatment facility (Monique Norman, Mark Sullivan)
Approve Authorization to Construct, JB/RH. All Commissioners Agree
Item carried forward from Agenda of April 28, 1999.
Item 4. Docket No. 1996-1871-LII-E. Consideration of a Default Order assessing administrative penalties against Garry Hardin in Tarrant County; TNRCC License No . LI0005581; for landscape irrigator installer violations pursuant to Chapter 34 of the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Nathan Block)
Issue Default Order, RM/JB. All Commissioners Agree


Huston

Marquez

Baker

AGENDA

Wednesday, May 12, 1999

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.

Room 201S, Bldg E.

12100 Park 35 Circle

Hearing Request
Item 1. Docket No. 1999-0413-MWD. Consideration of permit application #13984-001, submitted by HAMMOND MOUND UTILITIES, INC. for a new permit, proposed Texas Pollutant Discharge Eliminating System (TPDES) Permit No. 13984-001, to authorize in the interim phase the discharge of treated domestic wastewater at a daily average flow not to exceed 49,000 gallons per day and in the final phase the discharge of treated domestic wastewater at a daily average flow not to exceed 99,000 gallons per day. The plant site is located approximately 1.2 miles east of the intersection of Adams Flat Road and Wilson Road, approximately 0.35 miles west of the intersection of Farm-to-Market Road 529 and Farm-to-Market Road 362 in Waller County, Texas. The Commission will also consider hearing requests, related responses and replies, public comment and the Executive Directors response to comments. (Robert Robinson/Margaret Hoffman)
Submitted In Error
Item 2. Docket No. 1999-0446-MWD. Consideration of permit application 12327-001, submitted by CYPRESS HILL MUNICIPAL UTILITY DISTRICT NO. 1 for a major amendment to TNRCC Permit No. 12327-001 to authorize an increase in the discharge of treated domestic wastewater from a daily average flow not to exceed 140,000 gallons per day to a daily average flow not to exceed 290,000 gallons per day. The plant site is located approximately 400 feet west of Cypress Rose and 3/4 mile north of the intersection of Cypress Rose Hill Road with U.S. Highway 290 in Harris County, Texas. The Commission will also consider hearing requests, related responses and replies, public comment and Executive Director's response to comments. (Robert Robinson/Margaret Hoffman)
Refer to State Office Administrative Hearings all hearing requests with instructions to State Office Administrative Hearing to limit hearing to Water Quality Issues only. JB/RM. All Commissioners Agree
Item 3. Docket No. 1999-0504-AIR. THE PERMANENT WAY CORPORATION for a registration under 30 Texas Administrative Code Section 106.203 (formerly known as Standard Exemption 117) to operate a Specialty Batch Plant. The location of the proposed facility is on Rural Route 1 in Collinsville, Grayson County, Texas. The Commission will consider the application and the hearing requests that have been filed on the application. (Snehal Patel/Richard Wheeler)
Deny Hearing Request and grant registration, RM/JB. All Commissioners Agree
Item 4. Docket No. 1998-0962-MWD. Consideration of permit application #11143-002, submitted by SPLENDORA INDEPENDENT SCHOOL DISTRICT for a new permit (proposed TPDES Permit No. 11143-002), which authorizes the discharge of treated domestic wastewater with a daily average flow not to exceed 20,000 gallons per day. The wastewater treatment facility will serve the Splendora Independent School District High School. The plant site will be located at 23411 Farm-to-Market Road 2090, approximately 2.67 miles northwest of the intersection of U.S. Highway 59 and Farm-to-Market Road 2090 in Montgomery County, Texas. The Commission will also consider hearing request, related responses and replies, public comment and the Executive Director's response to comments. (Robert Robinson/Margaret Hoffman)
Grant Hearing Requests and Remand to State Office Administrative Hearing, allow 4 to 6 weeks for Mediation, if mediation fails forward to SOAH, RH/RM. All Commissioners Agree
Item 5. Docket No. 1999-0505-AGR. Consideration by the Commission of a request for a new TPDES permit to be issued to Bryan Berger and Henry Novak, d.b.a. B & N Poultry, permit number 04035. The permit is necessary to allow the applicant to operate an existing poultry operation at a maximum capacity of 2,394,000 head in Gonzales County, Texas. No discharge of pollutants into the waters in the state would be authorized by the permit. The facility is located on the south side of County Road 401 about 1/2 mile west of its intersection with County Road 402 and about five miles southwest of the intersection of U.S. Highway 90 and State Highway 95 in Flatonia, Texas. The Commission will consider the application, the hearing request, public comments, the Office of Public Interest Counsel's Response to Request for Hearing and Public Comments that have been timely filed on the application. (Clifton Wise/Carol Lear)
Continued to June 16, 1999
Authorizations to Construct
Item 6. Docket No. 1999-0569-MWD. Consideration of a Request by Coupland Water Supply Corporation for an Order authorizing construction of a wastewater treatment facility in Williamson County, Texas, before Commission consideration of its application for a wastewater discharge permit under Sections 26.091 and 26.027(c) of the Texas Water Code. The proposed authorization to construct would not permit the use of the newly constructed wastewater treatment facility. (Monique Norman, Melinda Luxemburg)
Grant Authorization to Construct, RM/RH. All Commissioners Agree
Item 7. Docket No. 1999-0434-MWD. Consideration of a Request by Harris County Municipal Utility District No. 368 for an Order authorizing construction of a wastewater treatment plant, in Harris County, Texas, before Commission consideration of its application for a wastewater permit under Sections 26.019 and 26.027(c) of the Texas Water Code. The proposed authorization to construct would not permit the use of the newly constructed wastewater treatment system. (Kathy Brown, Kent H. Trede)
Deny Authorization to Construct, RM/RH. All Commissioners Agree
Petroleum Storage Tank Enforcement Agreed Orders
Item 8. Docket No. 1998-1153-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Brooks Operating Company, Inc. in Cass County; PST Facility ID No. 34726; for petroleum storage tank violations pursuant to the Texas Water Code, Chapter 7, and the rules of the Texas Natural Resource Conservation Commission. (Frank Muser)
Issue Agreed Order, RH/JB. All Commissioners Agree
Item 9. Docket No. 1998-1441-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Mr. Thanh Dinh and New Son Tan Inc. Corporation in Tarrant County; PST Facility No. 07306; for petroleum storage tank violations pursuant to Chapter 382 of the Texas Health & Safety Code, Chapter 7 of the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Paula Spears)
Issue Agreed Order, RH/JB. All Commissioners Agree
Item 10. Docket No. 1998-0445-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Sunpoint Aviation, Inc. in Gregg County; TNRCC ID Nos. 34409 and 2275; 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. (Laura Kohansov)
Issue Agreed Order, RH/JB. All Commissioners Agree
Petroleum Storage Tank Enforcement Default Order
Item 11. Docket No. 1998-0226-PST-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Salem G. Ali in Galveston County; TNRCC ID No. 31633; for petroleum storage tank violations pursuant to Chapter 26 of the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Laura Kohansov)
Issue Default Order, JB/RM. All Commissioners Agree
Air Enforcement Agreed Orders
Item 12. Docket No. 1998-1288-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of City of Amarillo in Potter County; Account No. PG-0176-Q; for air quality violations pursuant to the Texas Clean Air Act, Texas Health & Safety Code, Chapter 382, Texas Water Code, Chapter 7, and the rules of the Texas Natural Resource Conservation Commission. (Joseph Campa)
Issue Agreed Order, RM/RH. All Commissioners Agree
Item 13. Docket No. 1998-1145-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Classic Chevrolet in Jefferson County; Account No. JE-0329-B; for violations pursuant to the Texas Clean Air Act, Texas Health & Safety Code, Chapters 382 and 361, Texas Solid Waste Disposal Act, Texas Water Code, Chapters 7 and 26, and the rules of the Texas Natural Resource Conservation Commission. (Tel Croston)
Issue Agreed Order, RM/RH. All Commissioners Agree
Item 14. Docket No. 1998-1008-AIR-E. Consideration of an Agreed Order assessing administrative penalties and resolving an enforcement action against SSRC, Incorporated in El Paso County; Account No. EE-1980-N; for air quality violations pursuant to the Texas Clean Air Act, Texas Health & Safety Code, Chapter 382, Texas Water Code, Chapter 7, and the rules of the Texas Natural Resource Conservation Commission. (Suzanne Walrath)
Issue Agreed Order, RM/RH. All Commissioners Agree
Item 15. Docket No. 1998-1119-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Silsbee Plastics, Incorporated in Hardin County; Account No. HF-0034-K; for air quality violations pursuant to the Texas Clean Air Act, Texas Health & Safety Code, Chapter 382, Texas Water Code, Chapter 7, and the rules of the Texas Natural Resource Conservation Commission. (Suzanne Walrath)
Issue Agreed Order, RM/RH. All Commissioners Agree
Item 16. Docket No. 1998-1179-AIR-E. Consideration of an Agreed Order assessing administrative penalties of Alamo Rent-A-Car, Incorporated in El Paso County; Account No. EE-1308-F; for air quality violations pursuant to the Texas Clean Air Act, Texas Health & Safety Code, Chapter 382, Texas Water Code, Chapter 7, and the rules of the Texas Natural Resource Conservation Commission. (Stacey Young)
Issue Agreed Order, RM/RH. All Commissioners Agree
Item 17. Docket No. 1998-1273-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of SAS Shoemakers, Inc. in Bexar County; Account No. BG-1093-J; for air quality violations pursuant to the Texas Clean Air Act, Texas Health & Safety Code, Chapter 382, Texas Water Code, Chapter 7, and the rules of the Texas Natural Resource Conservation Commission. (David Turner)
Issue Agreed Order, RM/RH. All Commissioners Agree
Item 18. Docket No. 1998-1241-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of EG & G Automotive Research in Bexar County; Account No. BG-0526-G; for air quality violations pursuant to the Texas Clean Air Act, Texas Health & Safety Code, Chapter 382, Texas Water Code, Chapter 7, and the rules of the Texas Natural Resource Conservation Commission. (David Turner)
Issue Agreed Order, RM/RH. All Commissioners Agree
Item 19. Docket No. 1998-1328-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of MidCon Texas Pipeline Operator, Inc. in Fort Bend County; Account No. FG-0200-R; for air quality violations pursuant to the Texas Clean Air Act, Texas Health & Safety Code, Chapter 382, Texas Water Code, Chapter 7, and the rules of the Texas Natural Resource Conservation Commission. (Miriam Hall)
Issue Agreed Order, RM/RH. All Commissioners Agree
Item 20. Docket No. 1998-0181-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Mr. Kenneth Haddad dba H & H Car Wash in El Paso County; TNRCC ID No. EE-1091-H; for air 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. (Laura Kohansov)
Issue Agreed Order, RM/RH. All Commissioners Agree
Municipal Solid Waste Enforcement Agreed Order
Item 21. Docket No. 1998-0798-MSW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Angelina County Landfill in Angelina County; Municipal Solid Waste Permit No. 2105; for municipal solid waste violations pursuant to Texas Solid Waste Disposal Act, Texas Health & Safety Code, Chapter 361 and Texas Water Codes, Chapters 7 and 26, and the rules of the Texas Natural Resource Conservation Commission. (Julia McMasters)
Issue Agreed Order, RM/JB. All Commissioners Agree
Public Water Supply Enforcement Agreed Orders
Item 22. Docket No. 1998-0690-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the B.C. Utilities Corporation dba Lakeside Manor, in Harris County; PWS No. 1010174 for drinking water violations pursuant to Texas Health & Safety Code, Chapter 341 and the rules of the Texas Natural Resource Conservation Commission. (Subhash Jain)
Issue Agreed Order, RM/JB. All Commissioners Agree
Item 23. Docket No. 1998-0597-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the W.D. Wickersham dba Wicks Sports Bar, in Harris County; PWS No. 1012793 drinking water violations pursuant to Texas Health & Safety Code, Chapter 341 and the rules of the Texas Natural Resource Conservation Commission. (Subhash Jain)
Issue Agreed Order, RM/JB. All Commissioners Agree
Item 24. Docket No. 1998-0429-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the Austin Highway Water Supply Corporation, in Bexar County; PWS No. 0150041 for drinking water quality violations pursuant to Texas Health & Safety Code, Chapter 341 and the rules of the Texas Natural Resource Conservation Commission. (Subhash Jain)
Issue Agreed Order, RM/JB. All Commissioners Agree
Item 25. Docket No. 1998-1220-PWS-E. Consideration of an Agreed Order assessing administrative penalties against Sam Dillon dba On-Site Water Works in Shelby County; PWS ID No. 2100018; for drinking water quality violations pursuant to the Texas Health & Safety Code, Chapter 341 and the rules of the Texas Natural Resource Conservation Commission. (Julie Talkington)
Issue Agreed Order, RM/JB. All Commissioners Agree
Municipal Waste Discharge Enforcement Agreed Orders
Item 26. Docket No. 1998-0456-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Hidalgo in Hidalgo County; TNRCC Water Quality Permit No. 11080-001; for water quality violations pursuant to Texas Water Code, Chapters 7 and 26, and the rules of the Texas Natural Resource Conservation Commission. (Nadine Hall)
Issue Agreed Order, RM/RH. All Commissioners Agree
Item 27. Docket No. 1998-0142-MWD-E. Consideration of an Agreed Order assessing administrative penalties against Llano Estacado Winery, Inc. in Lubbock County; TNRCC ID No. 0003433-001; for waste water violations pursuant to Chapter 26 of the Texas Water Code, and the rules of the Texas Natural Resource Conservation Commission. (Tracy L. Harrison)
Issue Agreed Order, RM/RH. All Commissioners Agree
Item 28. Docket No. 1998-0116-MWD-E. Consideration of an Agreed Order assessing administrative penalties against Travis Vista Water & Sewer Supply Corporation in Travis County; TNRCC ID No. 11531-001; for water quality violations pursuant to Texas Water Code ch. 26 and the rules of the Texas Natural Resource Conservation Commission. (Tracy L. Harrison)
Issue Agreed Order, RM/RH. All Commissioners Agree
Item 29. Docket No. 1998-0513-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Van Alstyne in Grayson County; Permit No. 10502-001; for water quality violations pursuant to Texas Water Code, Chapters 7 and 26, and the rules of the Texas Natural Resource Conservation Commission. (Laurie Eaves)
Issue Agreed Order, RM/RH. All Commissioners Agree
Item 30. Docket No. 1998-0974-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Utility Technology, Inc. and Mr. Jeffrey H. Brennan in Brazoria County; Certificate of Competency No. 20140 (expired); for certification violations pursuant to Texas Water Code, Chapters 7 and 26, and the rules of the Texas Natural Resource Conservation Commission. (Karen Berryman)
Issue Agreed Order, RM/RH. All Commissioners Agree
Item 31. Docket No. 1998-0461-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Terry Tackett in Wise County; Registration 22237; for water quality violations pursuant to Texas Water Code, Chapters 7 and 26, and the rules of the Texas Natural Resource Conservation Commission. (Merrilee Gerberding)
Continued to May 26, 1999
On-Site Installer Default Order
Item 32. Docket No. 1998-0260-OSI-E. Consideration of a Default Order assessing administrative penalties against William E. Divin in Navarro County; TNRCC ID No. 2325 and Enforcement No. 12285; for on-site sewage installer violations pursuant to Chapter 366 of the Texas Health & Safety Code and the rules of the Texas Natural Resource Conservation Commission. (Laura Kohansov)
Issue Default Order, JB/RH. All Commissioners Agree
Industrial Hazardous Waste Enforcement Agreed Order
Item 33. Docket No. 1998-0713-IHW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Triangle Industrial Services, Inc. in Orange County; TNRCC ID No. None; for industrial and hazardous waste violations pursuant to the Texas Solid Waste Disposal Act, Chapter 361 of the Texas Health & Safety Code, and the rules of the Texas Natural Resource Conservation Commission. (William Puplampu)
Issue Agreed Order, JB/RH. All Commissioners Agree
Industrial Waste Discharge Enforcement Agreed Order
Item 34. Docket No. 1998-0977-IWD-E. Consideration of an Agreed Order assessing administrative penalties of Ameri-Forge Corporation in Harris County; Permit No. 03767; for water quality violations pursuant to Texas Water Code, Chapters 7 and 26, and the rules of the Texas Natural Resource Conservation Commission. (Laurie Eaves)
Issue Agreed Order, JB/RM. All Commissioners Agree
On-Site Sewage Installer Agreed Order
Item 35. Docket No. 1998-1248-OSS-E. Consideration of an Agreed Order assessing administrative penalties against David Allen Coble in Wilbarger County; On-Site Sewage Facility ("OSSF") Installer No. 6719; for OSSF certificate violations pursuant to Texas Health & Safety Code, Chapter 366, Texas Water Code, Chapter 7, and the rules of the Texas Natural Resource Conservation Commission. (Brian Lehmkuhle)
Issue Agreed Order, RM/RH. All Commissioners
On-Site Sewage Installer Default Order
Item 36. Docket No. 1998-0761-OSS-E. Consideration of a Default Order assessing administrative penalties against Bill C. Henderson, Sr. in Montgomery County; and suspending TNRCC ID No. 1087 for a six month period; for on-site sewage installer violations pursuant to Chapter 366 of the Texas Health & Safety Code and the rules of the Texas Natural Resource Conservation Commission. (Laura Kohansov)
Issue Default Order, RM/JB. All Commissioners Agree
State Implementation Plan
Item 37. Docket No. 1998-1103-SIP. Consideration for adoption of revisions to the State Implementation Plan (SIP) concerning the Northeast Texas Flexible Attainment Region. The revised SIP would make certain local ozone precursor emission reductions federally enforceable. (Brian Foster) (Rule Log No. 96175-SIP-AI)
Approve State Implementation Plan, RM/RH. All Commissioners Agree
Rule
Item 38. Docket No. 1998-0994-RUL. Consideration for adoption of amendments to 30 TAC Chapter 330, Subchapter A, Section 330.4, concerning Permit Required; and Subchapter E, Section 330.65, concerning Registration for Solid Waste Management Facilities. The amendments will clarify registration authorization requirements for municipal solid waste transfer stations, prohibit construction of transfer stations prior to authorization, and modify transfer station odor control criteria. (John Forehand/Vic Ramirez) (Rule Log No. 98010-330-WS)
Continued to May 26, 1999
EXECUTIVE SESSION
Item 39. Docket No. 1999-0024-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.
No Action Taken
Item 40. Docket No. 1999-0025-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. 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
(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, May 12, 1999

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.

Room 201S, Bldg E.

12100 Park 35 Circle

Item 41. Docket No. 1999-0510-AGR. Cactus Operating, Ltd. (formerly Wolf Creek Feeders) has applied for Texas Pollutant Discharge Elimination System Permit No. 04050, to authorize a Beef Cattle Operation at a maximum capacity of 85,000 head. The facility is located approximately seven miles south on US 70 from Perryton, Texas, six miles east of FM 2711 in Ochiltree County, Texas. The Commission will consider the application and hearing requests, related responses and replies, public comment and the Executive Directors response to comments. (Darrell Williams/Anthony Tatu)
Remand to Executive Director


OLD BUSINESS AGENDA

Wednesday, May 12, 1999

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

1:00 p.m.

Room 201S, Bldg E.

12100 Park 35 Circle

Item carried forward from Agenda of March 24, 1999.
Item 1. TNRCC Docket No. 1998-0345-UCR; SOAH Docket No. 582-98-0993: Consideration of Administrative Law Judge's Proposal for Decision and Order concerning the application of Everet Square, Inc. to amend CCN No. 12831 to provide water service to a 13.49-acre development in Harris County, Texas. Recommendation: The ALJ recommends that the application to amend the CCN be denied. (K. Smith)
Continued to June 16, 1999, RH/JB. Chairman Huston added to his motion to instruct Executive Director to issue an Emergency Order to District 92. RH/JB. All Commissioners Agree


AGENDA

Wednesday, May 12, 1999

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

1:00 p.m.

Room 201S, Bldg E.

12100 Park 35 Circle

Item 1. TNRCC Docket No. 1997-0614-MSW; SOAH Docket No. 582-97-1584. Consideration of Administrative Law Judge's Proposal for Decision and Order concerning an application of Waste Management of Texas, Inc. for an amendment to permit No. MSW 1721-A, a Type I municipal solid waste disposal facility located near the City of Alvin in Galveston County. (Recommendation: ALJ recommends that the Commission approve the application for amendment of MSW Permit No. 1721-A).
Grant Motion to take official notice of document excerpts, RH. Motion withdrawn, RH. Motion was made not to take official notice, RM/RH. All Commissioners Agree. Adopt Proposal for Decision and Issue Order with change and overrule protestants exceptions, JB/RM. All Commissioners Agree