REED
GARNER
AGENDA
Wednesday, April 19, 1995
TEXAS NATURAL RESOURCE CONSERVATION COMMISSION
9:30 a.m.
Bldg E. Room 201S
12118 N. Interstate 35
UNCONTESTED (Renewal of Waste Discharge Permit)
Item 1. Docket No. 95-0498-MWD. APPLICATION BY EDWARD ING-MIN SHIEH for renewal of Permit No. 12610-01 which authorizes a discharge of treated domestic wastewater effluent at a volume not to exceed an average flow of 30,000 gallons per day. The wastewater treatment plant is to be approximately 200 feet west of Interstate Highway 45 and approximately 800 feet south of Northville Road in Harris County, Texas. Recommendation: Denial of Permit (Tom Weber)
Remand to Executive Director
UNCONTESTED (Class 2 Permit Modification to Industrial Hazardous Permit)
Item 2. Docket No. 95-0620-IHW. Consideration of an application by RHONE-POULENC BASIC CHEMICALS COMPANY - HOUSTON for a Class 2 permit modification to Permit No. HW-50095 in accordance with 30 TAC Section 305.69. The permit authorizes operation of an industrial solid waste storage and processing facility for the management of hazardous and Class I non-hazardous waste. The permit modification authorizes the addition of 35 waste codes to their currently permitted list of waste codes. The request will not increase the total furnace capacity but is intended to help the facility meet changing market conditions. The facility is located at 8615 Manchester Boulevard, Houston, Harris County, Texas. (Sue Rogers)
Approved, PR/JH
UNCONTESTED (Class 3 Modification to Industrial Hazardous Waste Permit)
Item 3. Docket No. 95-0621-IHW. Consideration of an application by PHIBRO-TECH, INC. - GARLAND for a Class 3 permit modification to Permit No. HW-50277-001 in accordance with 30 TAC Section 305.69. The permit authorizes operation of an industrial solid waste storage and processing facility for the management of hazardous waste. The permit modification authorizes an increase in the container storage area rated capacity from 6,820 gallons to 14,575 gallons and 32,000 lbs. The facility is located on approximately 2.5 acres at 1000 North First Street in Garland, Dallas County, Texas. (W. Kirk Smith)
Approved, PR/PG
UNCONTESTED (District Matters)
Item 4. Docket No. 95- 0034- DIS. CONSIDERATION OF A PROPOSED ORDER APPROVING THE APPLICATION BY TRAIL OF THE LAKES MUNICIPAL UTILITY DISTRICT OF HARRIS COUNTY FOR ISSUANCE OF $1,280,000 UNLIMITED TAX BONDS, SIXTH ISSUE, 7.24% NET EFFECTIVE INTEREST RATE, SERIES 1995. For Commission consideration. Applicant requests approval of the issuance of $1,280,000 in tax bonds to finance purchase and construction of District infrastructure facilities. (Robert Ferguson)
Approved, PG/PR
Item 5. Docket No. 94- 0607- DIS. CONSIDERATION OF A PROPOSED ORDER APPROVING THE APPLICATION BY HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 261 FOR APPROVAL OF $3,560,000 UNLIMITED TAX BONDS, SECOND ISSUE, 8.20% NET EFFECTIVE INTEREST RATE, SERIES 1995. For Commission consideration. Applicant requests Commission approval of a bond issue to finance water, wastewater & drainage facilities for Woodwind Sections 2 & 3, land purchase costs, and a detention pond. (Robert Ferguson)
Approved, with changes to order, PG/PR
Item 6. Docket No. 95- 0611- DIS. CONSIDERATION OF A PROPOSED ORDER APPROVING THE APPLICATION BY PINE VILLAGE PUBLIC UTILITY DISTRICT FOR AN EXTENSION OF TIME FOR THE ISSUANCE OF $810,000 WATERWORKS AND SEWER SYSTEM COMBINATION UNLIMITED TAX AND REVENUE BONDS, SERIES 1995; APPROVED BY ORDER DATED MARCH 23, 1994; 6.00% NET EFFECTIVE INTEREST RATE; PURSUANT TO COMMISSION RULES, 30 TAC, SECTION 293.87. For Commission consideration. Applicant requests Commission approval of an extension of time to sell bonds to finance construction of a wastewater treatment plant to be operated jointly by the District and Harris County Water Control & Improvement District No. 76. (Robert Ferguson)
Approved, PG/PR
Item 7. Docket No. 95- 0612- DIS. CONSIDERATION OF A PROPOSED ORDER APPROVING THE APPLICATION BY HARRIS COUNTY WATER CONTROL & IMPROVEMENT DISTRICT NO. 76 FOR (1) AN EXTENSION OF TIME FOR THE ISSUANCE OF $975,000 UNLIMITED TAX BONDS, SERIES 1995, AND (2) A CHANGE IN SECURITY PLEDGE FROM A COMBINATION OF AD VALOREM TAX AND NET REVENUES OF THE UTILITY SYSTEM TO AD VALOREM TAXES ONLY; APPROVED BY ORDER DATED MARCH 23, 1994; 6.00% NET EFFECTIVE INTEREST RATE; PURSUANT TO COMMISSION RULES, 30 TAC, SECTIONS 293.87 AND 293.82. For Commission consideration. Applicant requests approval of an extension of time to sell bonds to finance construction of a wastewater treatment plant to be operated jointly by the District and Pine Village Public Utility District, and a change in security pledge for the bonds. (Robert Ferguson)
Approved, PG/PR
Item 8. Docket No. 94- 0683- DIS. CONSIDERATION OF A PROPOSED ORDER APPROVING THE APPLICATION BY WEST HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 6 FOR APPROVAL OF $1,300,000 UNLIMITED TAX BONDS, THIRD ISSUE, 6.99% NET EFFECTIVE INTEREST RATE, SERIES 1995. For Commission consideration. Applicant requests approval of a bond issue to finance construction of a detention pond, a drainage line extension, and water, wastewater, and drainage facilities for two sections in the District. (Robert Ferguson)
Remand to Executive Director
Item 9. Docket No. 95- 0429- DIS. CONSIDERATION OF A PROPOSED ORDER APPROVING THE APPLICATION BY STARR COUNTY WATER CONTROL AND IMPROVEMENT DISTRICT NO. 2 FOR APPROVAL OF $811,000 IN REVENUE BONDS, 5.625% NET EFFECTIVE INTEREST RATE, SERIES 1995- A AND $489,000 REVENUE BONDS, 6.50% NET EFFECTIVE INTEREST RATE, SERIES 1995- B. For Commission consideration. Applicant is requesting approval of a loan with the Farmers Home Administration and the Texas Water Development Board to finance water and wastewater facility improvements and extensions to serve areas within the district and including the Las Lomas Colonia. (Robert Ferguson)
Approved, PG/PR
UNCONTESTED (Utility Matters)
Item 10. Docket No. 95- 0624- UCR. Application of Bexar Metropolitan Water District, Certificate of Convenience and Necessity (CCN) No. 10675, To Transfer CCN No. 10641 from Windy's Water Works, Inc. in Bexar and Atascosa Counties, Texas. (Application # 30764- S, Guillermo Zevallos)
Approved, PR/PG
Item 11. Docket No. 95-0581-UCR. Approval of Quadvest, Inc. to amend Water Certificate of Convenience and Necessity Number 11612 in Montgomery County, Texas. (Application # 30514- C, Vera Poe)
Approved, PR/PG
UNCONTESTED (On-Site Sewage)
Item 12. Docket No. 95-0623-OSS. Application by the City of Krugerville to regulate On-Site Sewage Facilities within their jurisdiction.
Approved, PR/PG
UNCONTESTED (Superfund)
Item 13. Docket No. 95- 0527- SPF. Consideration of A proposed agreed administrative order to conduct a Remedial Investigation/Feasibility Study at the Solvent Recovery Services State Superfund Site. (Ann Strahl)
Approved, PG/PR
UNCONTESTED (Settled Hearings)
Item 14. Docket No. 94-0491-AGR. Consideration of Examiner's Memorandum and Order concerning the application of John Vander Horst for an amendment to Permit No. 03322 to authorize an increase in the number of the cattle in his dairy from 750 head to a maximum of 1500 total head in Erath County, Texas, and Segment No. 1255 of the Brazos River Basin. Recommendation: Dismissal without prejudice. (Nina Fantl)
Adopt Examiner's Memorandum and Issue Order, PG/JH
Item 15. Docket No. 95- 0576- WR. Consideration of Examiner's Memorandum and proposed Permit concerning the application of Steven R. and Marianne S. Sprinkel dba Craftsman Farm for an amendment to water use Permit No. 4143 in Hays County, Texas, to divert not to exceed 25 acre- feet of water per annum from Onion Creek in the Colorado River Basin for irrigation purposes. Recommendation: Issuance of authorization.
Adopt Examiner's Memorandum and Issue Permit, PR/PG
CONTESTED (Public Water Supply Enforcement)
Item 16. Docket No. 95- 0303- PWS- E. Consideration of Agreed Order Resolving An Enforcement Action Against North Victoria Utilities, Inc. For Violations of the Texas Health and Safety Code, Chapter 341, Subchapter C and the Rules of the Texas Natural Resource Conservation Commission; Assessing Administrative Penalties and Requiring Certain Actions of North Victoria Utilities, Inc.
Issue Agreed Order, PR/PG
CONTESTED (Industrial Waste Discharge Enforcement)
Item 17. Docket No. 95- 0602- IWD- E. Consideration of a Texas Natural Resource Conservation Commission Agreed Order Assessing Administrative Penalties and Requiring Certain Actions of Magnolia- Lone Star, Inc., No TNRCC Permit. (Bill Main)
Issue Agreed Order, PR/PG
Item 18. Docket No. 95-0325-IWD-E. Consideration of Executive Director's Preliminary Assessment of Noncompliance and Order Finding Noncompliance and Finding No Further Necessary Action Pursuant to the Texas Water Code Section 5.117 for Temple-Inland Forest Products Corporation, Permit No. 02924. (Ray Winter/Laurie Eaves)
Issue Agreed Order, PR/PG
CONTESTED (Rules)
Item 19. Docket No. 95- 0281- RUL. Consideration to adopt new 30 TAC, Chapter 330, Subchapter T, Sections 330.951- 330.963, establishing criteria for the use and development of land over closed municipal landfills. If approved, the new rules will implement the requirements of House Bill 2537, Acts of the 73rd Legislature, which amended the Texas Solid Waste Disposal Act, Chapter 361, Texas Health and Safety Code. The statute establishes standards for the use and development of land over closed municipal solid waste landfills, and directs TNRCC to adopt rules which implement the requirements of the bill. (Clark Talkington)
Adopt New 30 TAC Chapter 330, Subchpater T Sec 330.951 - 330-963, with changes as recommended by staff, PG/PR
CONTESTED (Proposal for Decision)
Item 20. Docket No. 95- 0461- UCR. Consideration of Examiner's Proposal for Decision concerning the application of Big Lakes Utilities, Inc. for discontinuance of sewer utility service and cancellation of sewer CCN No. 20632 in Sabine County, Texas. RECOMMENDATION: Application should be abated pending results of rate increase application. (BILL ZUKAUCKAS)
Continued to June 14, 1995
EXECUTIVE SESSION
Item 21. Docket No. 95-0652-EXE. THE COMMISSION WILL MEET IN EXECUTIVE SESSION TO 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 GOV'T CODE, Sections 551.071 and 551.074, the Open Meetings Act. No final action, decision or vote with regard to any matter considered in closed session shall be made in the absence of further notice issued in accordance with Chapter 551 of the Government Code.
No Action Taken
Item 22. Docket No. 95-0653-EXE. COMMISSIONERS WILL MEET IN EXECUTIVE SESSION TO DISCUSS THEIR DUTIES, ROLES, AND RESPONSIBILITIES AS COMMISSIONERS OF THE TNRCC UNDER GOV'T CODE, SECTION 551.074, the Open Meetings Act. No final action, decision or vote with regard to any matter considered in closed session shall be made in the absence of further notice issued in accordance with Chapter 551 of the Government Code.
No Action Taken
(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.)
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.