REED

MARQUEZ

AGENDA

Wednesday, May 24, 1995

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.

Bldg E. Room 201S

12118 N. Interstate 35

UNCONTESTED (Municipal Waste Discharge)

Item 1. Docket No. 95-0750-MWD. Motion by the City of New Boston for Reconsideration of the Executive Director's issuance of Permit No. 10482-01. The permit, which was issued on April 10, 1995, authorizes a discharge of treated domestic wastewater effluent at a final volume not to exceed an average flow of 1,700,000 gallons per day. The wastewater treatment plant is 2,500 feet southeast of the intersection of State Highway 8 and Farm-to-Market Road 1840 and approximately 1.75 miles southeast of the City of New Boston in Bowie County, Texas. The effluent is discharged into an unnamed tributary of Big Creek; thence to Big Creek; thence to Wright Putman Lake in Segment No. 0302 of the Sulphur River Basin. (Bonnie Rubey)

Approve Motion by the City of New Boston for Reconsideration and correct permit as recommended by staff, PR/RM

UNCONTESTED (Industrial Hazardous Waste Class 3 Modification)

Item 2. Docket No. 95-0810-IHW. Consideration of an application by MONSANTO COMPANY - CHOCOLATE BAYOU for a Class 3 Modification to Compliance Plan No. CP50189 in accordance with 30 TAC Section 305.69. The compliance plan modification will authorize corrective action and ground-water monitoring programs for the RCRA regulated Injection Well Pretreatment Facility (IWPF) to remediate contaminated groundwater. The facility is located on approximately 3,000 acres adjacent to Chocolate Bayou, eleven miles southeast of Alvin, Brazoria County, Texas. (Clint Simmons)

Approved, PR/JH

UNCONTESTED (District Matters)

Item 3. Docket No. 95- 0617- DIS. CONSIDERATION OF PROPOSED ORDER APPROVING THE APPLICATION BY CINCO MUNICIPAL UTILITY DISTRICT NO. 1 OF FORT BEND COUNTY FOR APPROVAL TO ISSUE $5,690,000 IN CONTRACT REVENUE BONDS, 8.20% NET EFFECTIVE INTEREST RATE, SERIES 1995, THIRD ISSUE; CREATED BY CHAPTER 184, ACTS OF THE 69th LEGISLATURE REGULAR, PURSUANT TO SECTION 54.516, TEXAS WATER CODE. For Commission consideration. Applicant requests approval to issue $5,690,000 in contract revenue bonds to finance additional facilities. (Robert Ferguson)

Approved, PR/RM

Item 4. Docket No. 95- 0084- DIS. CONSIDERATION OF PROPOSED ORDER APPROVING THE APPLICATION BY HARRIS COUNTY WATER CONTROL & IMPROVEMENT DISTRICT NO. 110 FOR APPROVAL OF $3,690,000 UNLIMITED TAX AND REVENUE BONDS, EIGHTH ISSUE, 7.430% NET EFFECTIVE INTEREST RATE, SERIES 1995. For Commission consideration. Applicant requests approval of a bond issue to finance costs of water, wastewater & drainage facilities for Cypress Forest Park, Sections 1 & 2, Cypress Forest Sections 3 & 4, Spring Park Properties Tract; Wastewater Collection System Investigation; Wastewater Collection System Repairs/Rehabilitation; Paint Elevated Storage Tank; Improvements to Water Plant No. 1; Engineering Costs for Wastewater Treatment Plant Expansion; and HCFCD Drainage Impact Fees. (Robert Ferguson)

Approved, PR/RM

Item 5. Docket No. 95- 0149- DIS. CONSIDERATION OF A PROPOSED ORDER APPROVING THE APPLICATION BY RIVER PLANTATION MUNICIPAL UTILITY DISTRICT OF MONTGOMERY COUNTY FOR APPROVAL OF $1,750,000 UNLIMITED TAX BONDS, 7.20% NET EFFECTIVE INTEREST RATE, SERIES 1995, SEVENTH ISSUE; For Commission consideration. Applicant requests Commission approval for the issuance of $1,750,000 in unlimited tax bonds to finance construction of facilities within the District. (Robert Ferguson)

Approved, PR/RM

Item 6. Docket No. 95- 0562- DIS. CONSIDERATION OF A PROPOSED ORDER APPROVING THE APPLICATION BY STONEWALL WATER CONTROL AND IMPROVEMENT DISTRICT OF GILLESPIE COUNTY FOR APPROVAL OF $350,000 UNLIMITED TAX AND REVENUE BONDS, 6.5% NET EFFECTIVE INTEREST RATE, SERIES 1995, FIRST ISSUE; For Commission consideration. Applicant requests Commission approval for the issuance of $350,000 in unlimited tax and revenue bonds to finance water facilities to serve areas within the District. (Robert Ferguson)

Approved, PR/RM

Item 7. Docket No. 95- 0713- DIS. CONSIDERATION OF A PROPOSED ORDER ACTING ON THE APPLICATION BY REID ROAD MUNICIPAL UTILITY DISTRICT NO. 1 OF HARRIS COUNTY FOR APPROVAL OF THE RELEASE OF $64,032 FROM AN ESCROW ACCOUNT AND A CHANGE IN SCOPE. For Commission consideration. Applicant requests Commission approval of the release of funds from an escrow account to fund repairs to a wastewater line, and a change in scope to utilize the funds for the wastewater line repair in lieu of other projects now considered unnecessary. (Robert Ferguson)

Approved, PR/RM

Item 8. Docket No. 95- 0815- DIS. Consideration of a cooperative agreement between TNRCC and the Rensselaerville Institute (TRI) to resolve Water and Wastewater problems through technical assistance and a unique self-help program involving the communities. (Dean Robbins).

Approve Staff Recommendation, PR/RM

UNCONTESTED (Water Utility Matters)

Item 9. Docket No. 95- 0740- UCR. Approval of Sage Water Company to Cancel Water Certificate of Convenience and Necessity No. 11156 in Dallas County, Texas. (Application # 30783- Q, Albert Holck)

Approved, PR/RM

Item 10. Docket No. 95- 0746- UCR. Approval of Bexar Metropolitan Water District to Transfer Water CCN No. 11869 from Maurice E. Crone dba Hickory Water Works; Amend Water a CCN No. 10675; and Cancel Water CCN No. 11869 in Atascosa County, Texas. (Application # 30710- S, Guillermo Zevallos)

Approved, PR/RM

Item 11. Docket No. 95-0748-UCR. Approval of Bexar Metropolitan Water District to Transfer Water CCN no. 12321 from Silver Mountain Water Company, Inc.; Amend Water CCN No. 10675; and Cancel Water CCN No. 12321 in Bexar County, Texas. (Application # 30707- S, Guillermo Zevallos)

Approved, PR/RM

Item 12. Docket No. 95-0747-UCR. Approval of Bexar Metropolitan Water District to Transfer Water CCN No. 12266 from Pleasant Oaks Development Corp.; Amend Water CCN No. 10675; and Cancel Water CCN No. 12266 in Bexar and Atascosa Counties, Texas. (Application # 30708- S, Guillermo Zevallos)

Approved, PR/RM

Item 13. Docket No. 95- 0717- UCR. Approval of Macedonia Eylau Municipal Utility District Number 1 to amend Water Certificate of Convenience and Necessity Number 10481 in Bowie County,, Texas. (Application # 30613- C, Roy Roberts)

Approved, PR/RM

Item 14. Docket No. 95- 0053- UCR. Approval of Northwest Grayson County WCID No. 1, CCN No. 12362, to Transfer and to Cancel Water CCN No. 12442 from Buford H. Fennell dba Carefree and Cedar Bayou Water Supply Company and to Amend CCN No. 12362 in Grayson County, Texas. (Application # 30568- S, Darrell Nichols)

Approved, PR/RM

CONTESTED (Municipal Waste Discharge Enforcement)

Item 15. Docket No. 95- 0788- MWD- E. Consideration of a Texas Natural Resource Conservation Commission Agreed Order Assessing Administrative Penalties and Requiring Certain Actions of Forreston Sewer Service and Water Supply Corporation, TNRCC Permit No. 11103- 001. (Merrilee Roberts, Kathy Keils)

Issue Agreed Order, PR/RM

CONTESTED (Industrial Hazardous Waste Enforcement)

Item 16. Docket No. 95- 0702- IHW- E. Consideration of Agreed Order Assessing Administrative Penalties and Requiring Certain Actions of Joman, Inc. d/b/a Jet Center Aviation SWR No. 81343 (Contested/I&HW Enforcement). (Vic McWherter/Murphy)

Issue Agreed Order, PR/RM

CONTESTED (Petroleum Storage Tank Enforcement)

Item 17. Docket No. 95- 0688- PST- E. Consideration of a TNRCC Agreed Order pursuant to Texas Water Code Section 26.136 for violations of 30 Texas Administrative Code Section 334.50(b) assessing administrative penalties and requiring certain actions of Mr. John Hartsfield.; Enforcement Identification No. E10937. (Karen Pala)

Issue Agreed Order, PR/JH

CONTESTED (Air Quality Enforcement)

Item 18. Docket No. 95- 0528- AIR- E. Consideration of an Agreed Order Assessing Administrative Penalties and Requiring Certain Actions of Advance Auto World; Account No. EE- 1520- F, for Air Quality violations. (Peter Gregg)

Approved, PR/RM

Item 19. Docket No. 95- 0529- AIR- E. Consideration of an Agreed Order Requiring Certain Actions of All Texas Demolishing; Account No. HG- 4768- L, for Air Quality violations. (Paul C. Sarahan)

Approved, PR/RM

Item 20. Docket No. 95- 0530- AIR- E. Consideration of an Agreed Order Assessing Administrative Penalties and Requiring Certain Actions of American Central Gas Companies, Incorporated; Account No. EB- 0090- D, for Air Quality violations. (Lisa Uselton)

Approved, PR/RM

Item 21. Docket No. 95- 0531- AIR- E. Consideration of an Agreed Order Requiring Certain Actions of Army Air Force Exchange Service; Account No. EE- 1213- R, for Air Quality violations. (Aaron DePass)

Approved, PR/RM

Item 22. Docket No. 95- 0532- AIR- E. Consideration of an Agreed Order Assessing Administrative Penalties and Requiring Certain Actions of Barron Stop & Go; Account No. EE- 0866- T, for Air Quality violations. (Aaron DePass)

Approved, PR/RM

Item 23. Docket No. 95- 0533- AIR- E. Consideration of an Agreed Order Requiring Certain Actions of Bells Plating, Incorporated; Account No. CP- 0280- T, for Air Quality violations. (Aaron DePass)

Approved, PR/RM

Item 24. Docket No. 95- 0534- AIR- E. Consideration of an Agreed Order Assessing Administrative Penalties and Requiring Certain Actions of Border Dodge; Account No. EE- 1497- V, for Air Quality violations. (Peter Gregg)

Approved, PR/RM

Item 25. Docket No. 95- 0535- AIR- E. Consideration of an Agreed Order Assessing Administrative Penalties and Requiring Certain Actions of Carpenter Company, Incorporated (formerly E.R. Carpenter, Incorporated); Account No. BF- 0012- H, for Air Quality violations. (Walter Ehresman)

Approved, PR/RM

Item 26. Docket No. 95- 0536- AIR- E. Consideration of an Agreed Order Assessing Administrative Penalties and Requiring Certain Actions of Chalus Fruit Stand; Account No. EE- 0888- J, for Air Quality violations. (Aaron DePass)

Approved, PR/RM

Item 27. Docket No. 95- 0567- AIR- E. Consideration of an Agreed Order Assessing Administrative Penalties and Requiring Certain Actions of Chemical Distribution, Incorporated; Account No. EE- 0472- V, for Air Quality violations. (Peter Gregg)

Approved, PR/RM

Item 28. Docket No. 95- 0537- AIR- E. Consideration of an Agreed Order Assessing Administrative Penalties and Requiring Certain Actions of Chemical Dynamics, Incorporated; Account No. PC- 0077- R, for Air Quality violations. (Lisa Uselton)

Approved, PR/RM

Item 29. Docket No. 95- 0538- AIR- E. Consideration of an Agreed Order Assessing Administrative Penalties and Requiring Certain Actions of Crown Central Petroleum; Account No. HG- 0175- D, for Air Quality violations. (Walter Ehresman)

Approved, PR/RM

Item 30. Docket No. 95- 0539- AIR- E. Consideration of an Agreed Order Assessing Administrative Penalties and Requiring Certain Actions of Dynamic Cars; Account No. JE- 0512- I, for Air Quality violations. (Peter Gregg)

Approved, PR/RM

Item 31. Docket No. 95- 0540- AIR- E. Consideration of an Agreed Order Assessing Administrative Penalties and Requiring Certain Actions of E- Z Serve Convenience Stores, Inc.; Account No. EE- 1115- S, for Air Quality violations. (Aaron DePass)

Approved, PR/RM

Item 32. Docket No. 95- 0568- AIR- E. Consideration of an Agreed Order Assessing Administrative Penalties and Requiring Certain Actions of Exxon Chemical Company; Account No. HG- 0226- L, for Air Quality violations. (Peter Gregg)

Approved, PR/RM

Item 33. Docket No. 95- 0541- AIR- E. Consideration of an Agreed Order Requiring Certain Actions of Fresno- LeGrand, Inc.; Account No. FG- 0015- O, for Air Quality violations. (Shannon Kilgore)

Approved, PR/RM

Item 34. Docket No. 95- 0542- AIR- E. Consideration of an Agreed Order Assessing Administrative Penalties and Requiring Certain Actions of Guardian Industries Corp.; Account No. NB- 0014- R, for Air Quality violations. (Lisa Uselton)

Approved, PR/RM

Item 35. Docket No. 95- 0543- AIR- E. Consideration of an Agreed Order Assessing Administrative Penalties and Requiring Certain Actions of Halten's Auto Sales; Account No. OC- 0272- L, for Air Quality violations. (Peter Gregg)

Approved, PR/RM

Item 36. Docket No. 95- 0544- AIR- E. Consideration of an Agreed Order Requiring Certain Actions of Albert Kalas; Account No. HG- 5604- M, for Air Quality violations. (Patricia Hershey)

Approved, PR/RM

Item 37. Docket No. 95- 0545- AIR- E. Consideration of an Agreed Order Requiring Certain Actions of Lalo's Body Shop and Auto Sales; Account No. DB- 3558- Q, for Air Quality violations. (Peter Gregg)

Approved, PR/RM

Item 38. Docket No. 95- 0546- AIR- E. Consideration of an Agreed Order Assessing Administrative Penalties and Requiring Certain Actions of Lyondell Petrochemical Company; Account No. HG- 0033- B, for Air Quality violations. (Lisa Uselton)

Approved, PR/RM

Item 39. Docket No. 95- 0547- AIR- E. Consideration of an Agreed Order Requiring Certain Actions of Thomas Mabry, d/b/a T&G Services; Account No. FG- 0243- W, for Air Quality violations. (Shannon Kilgore)

Approved, PR/RM

Item 40. Docket No. 95- 0570- AIR- E. Consideration of an Agreed Order Requiring Certain Actions of Milam and Company Painting, Incorporated; Account No. HG- 4888- A, for Air Quality violations. (Lisa Uselton)

Approved, PR/RM

Item 41. Docket No. 95- 0548- AIR- E. Consideration of an Agreed Order Assessing Administrative Penalties and Requiring Certain Actions of Montgomery Tank Lines; Account No. TA- 2631- K, for Air Quality violations. (Aaron DePass)

Approved, PR/RM

Item 42. Docket No. 95- 0549- AIR- E. Consideration of an Agreed Order Assessing Administrative Penalties and Requiring Certain Actions of Redi- Mix Concrete; Account No. DF- 0010- A, for Air Quality violations. (Patricia Hershey)

Approved, PR/RM

Item 43. Docket No. 95- 0550- AIR- E. Consideration of an Agreed Order Requiring Certain Actions of Rosewood Products, Incorporated; Account No. TA- 2743- V, for Air Quality violations. (Aaron DePass)

Approved, PR/RM

Item 44. Docket No. 95- 0551- AIR- E. Consideration of an Agreed Order Assessing Administrative Penalties and Requiring Certain Actions of S.A. Healy Company; Account No. 92- 2000- R, for Air Quality violations. (Paul C. Sarahan)

Approved, PR/RM

Item 45. Docket No. 95- 0552- AIR- E. Consideration of an Agreed Order Requiring Certain Actions of Sellers Grain; Account No. HC- 0020- I, for Air Quality violations. (Thomas Corwin)

Approved, PR/RM

Item 46. Docket No. 95- 0553- AIR- E. Consideration of an Agreed Order Assessing Administrative Penalties and Requiring Certain Actions of Shamrock Adventure VI, Ltd.; Account No. HG- 5180- V, for Air Quality violations. (Patricia Hershey)

Approved, PR/RM

Item 47. Docket No. 95- 0554- AIR- E. Consideration of an Agreed Order Requiring Certain Actions of Stoney Point Agricorp, Inc.; Account No. HO- 0094- N, for Air Quality violations. (Paul C. Sarahan)

Approved, PR/RM

Item 48. Docket No. 95- 0555- AIR- E. Consideration of an Agreed Order Assessing Administrative Penalties and Requiring Certain Actions of Super's Motor Company; Account No. TA- 2730- H, for Air Quality violations. (Patricia Hershey)

Approved, PR/RM

Item 49. Docket No. 95- 0556- AIR- E. Consideration of an Agreed Order Requiring Certain Actions of Texas Department of Public Safety; Account No. EE- 0168- E, for Air Quality violations. (Aaron DePass)

Approved, PR/RM

Item 50. Docket No. 95- 0557- AIR- E. Consideration of an Agreed Order Assessing Administrative Penalties and Requiring Certain Actions of Texas Ingredient Corporation; Account No. JH- 0233- F, for Air Quality violations. (Aaron DePass)

Approved, PR/RM

Item 51. Docket No. 95- 0569- AIR- E. Consideration of an Agreed Order Assessing Administrative Penalties and Requiring Certain Actions of Vulcan Materials Company; Account No. 90- 0337- P, for Air Quality violations. (Peter Gregg)

Approved, PR/RM

Item 52. Docket No. 95- 0558- AIR- E. Consideration of an Agreed Order Requiring Certain Actions of Robert E. Wells Enterprises; Account No. FG- 0449- A, for Air Quality violations. (Peter Gregg)

Approved, PR/RM

CONTESTED (RULES)

Item 53. Docket No. 94- 0719- RUL. Consideration for repeal of 30 TAC Chapter 105 and Chapter 337; and for the adoption of new Chapter 337, regarding Enforcement. The new Chapter 337 would set forth the procedural rules governing formal enforcement actions before the Texas Natural Resource Conservation Commission. The proposed new Chapter 337 would not affect the informal settlement process utilized in the majority of cases. The proposed actions were published in the Texas Register on 12/2/94 and 1/3/95. (Glen Grunberger).

Adopt Rules as proposed with changes as recommended by Executive Director and other recommendations as recommended by Pam Reed, RM/PR

Item 54. Docket No. 95- 0745- RUL. Consideration for adoption of amendments to 30 TAC Chapter 115, Subchapter C, Sections 212- 219 regarding Loading and Unloading of Volatile Organic Compounds; and revisions to the State Implementation Plan regarding these amendments. These amendments would restore an allowance for nonvapor- tight conditions during gauging and sampling of transport vessels. (Eddie Mack)

Adopt recommendations as recommended, RM/PR

Item 55. Docket No. 95- 0744- RUL. Consideration for publication and hearing for proposed amendments to 30 TAC Chapter 116, Subchapter B, Section 150, regarding New Major Source or Major Modification in Ozone Nonattainment Areas; and revisions to the State Implementation Plan regarding these proposed amendments. (Mike Magee)

Remand to Staff

Item 56. Docket No. 95-0749-RUL. Consideration for adoption of an amendment to 30 TAC Chapter 331, Subchapter D, Section 331.62 regarding Standards for Class I Wells Other than Salt Cavern Solid Waste Disposal Wells, to ensure no movement of fluid along the wellbore out of the injection zone or into or between underground drinking water sources. Standards emphasize actual performance of the well, in terms of protection, as a major factor in the agency granting approval for injection activities. The proposed actions were published in the Texas Register at 19 TexReg 10080. (Kathy Vail)

Adopt Amendments as Recommended, PR/RM

CONTESTED (State Implementation Plan)

Item 57. Docket No. 95- 0785- SIP. Consideration for publication of notice of and public hearing on proposed amendments to the State Implementation Plan, concerning the carbon monoxide attainment demonstration for El Paso as conducted under Section 179B of the Federal Clean Air Act. Section 179B permits the Texas Natural Resource Conservation Commission to perform computer modeling that demonstrates that El Paso could attain the national ambient air quality standard for carbon monoxide, but for emissions emanating from outside the United States.

Approve Staff Recommendations, PR/RM

CONTESTED (Hearing Examiners Items)

Item 58. Docket No. 95- 0235- WR. Consideration of dismissal of Application No. 21- 3093B for Charles H. Thalmann for an amendment of Certificate of Adjudication No. 21- 3093B to authorize the diversion and use of an additional 75 acre- feet of water per annum in Dimmit County, Texas. Recommendation: Dismissal of Application. (Alexandre Bourgeois)

Approve Dismissal of Application, JH/PR

Item 59. Docket No. 94-0263-MSW-H. Consideration of Examiner's Memorandum concerning the application of American Med Waste Authority, Inc. for Permit No. MSW 2233 to authorize the operation of a Municipal Solid Waste Type V Site in Dallas County, Texas. Recommendation: Dismissal of application. (CAROL WOOD)

Adopt Examiner's Memorandum and Dismiss application, PR/RM

Item 60. Docket No. 94- 0598- UCR. Consideration of Examiner's Memorandum and Order concerning the application of North Alamo Water Supply Corporation for a Certificate of Convenience and Necessity to provide Sewer Service in Hidalgo and Willacy Counties, Texas. RECOMMENDATION: Issuance. (Bill Zukauckas)

Continued to June 28, 1995

Item 61. Docket Nos. 95- 0598- UCR, 95- 0599- UCR, & 95- 0109- UCR. Consideration of Examiner's Proposal for Decision concerning the application of North Alamo Water Supply Corporation and the City of San Juan for a Certificate of Convenience and Necessity to provide sewer service in Hidalgo County, Texas, and the petition of North Alamo Water Supply Corporation for a cease and desist Order against the City of San Juan where San Juan is providing water service to customers within North Alamo's water CCN area in Hidalgo County, Texas. RECOMMENDATION: Issuance of CCN and Order and Cease and Desist Order. (BILL ZUKAUCKAS)

Adopt Proposal for Decision, overrule all exceptions, PR/JH

Item 62. Docket No. 95- 0654- IHW. Consideration of Examiner's Proposal for Decision and Order concerning the motion of Chemical Waste Management, Inc. to dismiss without prejudice its application for Permit No. HW- 50347- 001 to authorize the operation of a solid and hazardous waste storage, processing and disposal facility for Class 1 hazardous and nonhazardous waste in Terrell County, Texas. RECOMMENDATION: Approval of motion to withdraw without prejudice. (Leslie Craven)

Adopt Proposal for Decision, overrule all exceptions, add additional language to order as recommended by Pam Reed, PR/RM John Hall absent for this item

EXECUTIVE SESSION

Item 63. Docket No. 95-0822-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.

Adopt Resolution to pass certain duties to General Counsel, PR/RM

Item 64. Docket No. 95-0823-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

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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 24, 1995

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.

Room 201S, Bldg E

12118 N Interstate 35

CONTESTED (Emergency Order)

Item 65. Docket No.95-0847-IWD. Consideration of a request by Associated Milk Producers Inc. for an emergency order authorizing the disposal of treated, non-hazardous wastewater from its Stephenville CheesePlant by land application 3 miles west of the Hannibal, Texas General Store in Erath County, Texas. (Jim Bateman)

Issue Emergency Order, PR/RM

Item 66. Docket No. 95-0830-IWD. APPLICATION BY OXY PETROCHEMICALS, INC. for an amendment to Permit No. 02075 to authorize an increase in the Ph limitations from 9.0 standard units to 9.5 standard units via Outfalls 002 and 003 and maintain the current expiration date of February 3, 1997. The permit currently authorizes the discharge of process wastewater, utility wastewater, domestic wastewater and stormwater at a volume not to exceed an average flow of 2,000,000 gallons per day via Outfall 001. Plus, an intermittent flow variable discharge of stormwater via Outfalls 002 and 003, which will remain the same. The applicant operates the Oxychem Petrochemicals plant which primarily produces Ethylene, Propylene, Benzene, and Butadiene. The plant site is at 1501 McKinzie Road which is approximately 1.3 miles east of the State Highway 44/FM Road 24 intersection and approximately four miles east of the City of Robstown, Nueces County, Texas. (Tom Weber)

Approved, PR/RM - John Hall Absent for this Item

OLD BUSINESS AGENDA

Wednesday, May 24, 1995

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.

Room 201S, Bldg E.

12118 N. Interstate 35

Item carried forward from Agenda of May 17, 1995.

Item 1. Docket No. 95-0600-DIS. CONSIDERATION OF A PROPOSED ORDER APPROVING THE APPLICATION BY ROLLING CREEK UTILITY DISTRICT OF HARRIS COUNTY FOR APPROVAL TO LEVY A STANDBY FEE. For Commission consideration. Applicant requests Commission approval of a non-uniform debt service standby fee not to exceed $284,069 per year and a uniform O & M standby fee not to exceed $121,506 for calendar year 1995, and $108,113 for calendar years 1996 and 1997. (Robert Ferguson)

Continued to June 28, 1995