MCBEE

MARQUEZ

BAKER AGENDA

Wednesday, January 10, 1996

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.

Room 201S, Bldg E.

12118 N. Interstate 35

UNCONTESTED (Class 3 Modification to Compliance Plan)

Item 1. Docket No. 96-0095-IHW. Consideration of an application by FINA OIL AND CHEMICAL COMPANY - BIG SPRING for a Class 3 Modification to Compliance Plan No. CP-50140 in accordance with 30 TAC Section 305.69. The compliance plan modification will authorize a ground-water Compliance Monitoring Program for the RCRA-regulated Site E Land Treatment Unit. The facility is located on approximately 859.76 acres on the north side of Highway 20 approximately five miles east of the Howard County Courthouse in Big Spring, Howard County, Texas. (Kari Bourland)

Issue Class 3 Modification as Recommended, RM/JB

UNCONTESTED (Class 2 Modification to Hazardous Waste Permit)

Item 2. Docket No. 96-0124-IHW. Consideration of an application by DISPOSAL SYSTEMS, INC. for a Class 2 Modification to Permit No. HW-50058 in accordance with 30 TAC Section 305.69. The permit authorizes operation of a commercial industrial solid waste storage, processing, and disposal facility for the management of hazardous and Class I non-hazardous industrial solid waste. The permit modification will authorize the management of new EPA listed hazardous wastes generated during the production of carbamate chemicals at the Deer Park facility. The wastes include six newly-listed hazardous wastes (K156-K161) and 58 specific chemicals which have been added to the list of commercial chemical products that are hazardous wastes when discarded. The facility is located at 2525 Battleground Road on a 10.6-acre tract of land adjacent to State Highway 134 (Battleground Road) approximately 1.1 miles southwest of the San Jacinto Monument in Deer Park, Harris County, Texas. (Kari Bourland)

Issue Class 2 Modification as Recommended, RM/JB

CONTESTED (Hearing Requests Consideration)

Item 3. Docket No. 96-0086-AIR. APPLICATIONS BY CITGO REFINING AND CHEMICALS, INC. for renewal of Permits Nos. 2696A, 2699A, 2700A, 2706A). If granted, the renewed permits would allow Citgo to continue operation of the following units: Demex Unit (2696A), Jet Kerosene Merox Unit (2699A), FCC Gasoline Merox Unit (2700A), and Unsaturated Gas Merox Unit (2706A) at its facility located at 1801 Nueces Bay Boulevard, Corpus Christi, Nueces County, Texas. The Commission will consider the applications and hearing requests that have been filed on the applications. (Kevin Jung/John Barrientez)

Deny Hearing and Issue Permit, RM/JB

Item 4. Docket No. 96-0083-IWD. APPLICATION BY ACME BRICK COMPANY for Proposed Permit No. 03838 to authorize an intermittent, flow variable discharge of mine pit water and stormwater via Outfalls 001 and 002 from the Hobson Pits Clay Mine The plant site is at 220 Daniels Street, adjacent to the east side of U.S. Hwy. 377, approximately one (1) mile south of the intersection of U.S. Hwy. 377 and Interstate Hwy. 35E in the City of Denton, Denton County, Texas. The effluent via Outfall 001 is discharged into an unnamed tributary of Hickory Creek; thence to Hickory Creek. The effluent via Outfall 002 is discharged to a series of ditches and ponds; thence to an unnamed tributary of Fletcher Branch; thence to Fletcher Branch; thence to Hickory Creek; thence (Outfalls 001 and 002) discharge into Lewisville Lake in Segment No. 0823 of the Trinity River Basin. The Commission will consider the application and hearing requests that have been filed on the application. (Bob Sweeney/Tom Weber)

Remand to Dispute Resolution, RM/JB

Item 5. Docket No. 96-0084-MWD. APPLICATION BY WILLIAM DAVID HEFNER for renewal of Permit No. 13054-01 to authorize a discharge of treated domestic wastewater effluent at a volume not to exceed an average flow of 10,000 gallons per day from the L and D Mobile Home Park Wastewater Treatment Plant. The plant site is at 20810 Cypress Wood Drive in Harris County, Texas. The treated effluent is discharged into a drainage ditch; thence to Cypress Creek in Segment No. 1009 of the San Jacinto River Basin. The Commission will consider the application and hearing requests that have been filed on the application. (Bob Sweeney/Tom Weber)

Deny Hearing Request and Issue Permit, RM/BM

Item 6. Docket No. 96-0085-MWD. APPLICATION BY BUFFALO CREEK UTILITY, INC.for an amendment to Permit No. 11974-01 to authorize an increase in the discharge of treated domestic wastewater effluent from a volume not to exceed an average flow of 125,000 gallons per day to a volume not to exceed an average flow of 200,000 gallons per day. The applicant is also requesting a variance to the buffer zone requirements in accordance with 30 TAC Chapter 309.13(e)(1)(A). The wastewater treatment facilities are approximately 400 feet south of Rockwall Lake Dam and approximately 400 feet northwest of the point where Farm-to-Market Road 3097 crosses Buffalo Creek in Rockwall County, Texas. The treated effluent is discharged into Buffalo Creek; thence to the East Fork Trinity River in Segment No. 0819 of the Trinity River Basin. The Commission will consider the application and hearing requests that have been filed on the application. (Bob Sweeney/Tom Weber)

Remand to State Office Administrative Hearings, BM/JB

Item 7. Docket No. 96-0087-MSW. APPLICATION BY BROWNING-FERRIS, INC. (MEXIA LANDFILL) for an amendment to Permit No. MSW1558A. The amendment will authorize operation of a Type I municipal solid waste facility to receive, dispose of and process municipal solid waste. The existing site covers approximately 143 acres of land and authorized wastes are to be received at a rate of approximately 70 tons of solid waste per day. The facility is on LCR 460, approximately 1.2 miles east-southeast of the intersection of State Highway 14 and Farm-to-Market Road 2705, southwest of the City of Mexia in limestone County, Texas. The Commission will consider the application and hearing requests that have been filed on the application. (Margi Ligarde/Susan Janek)

Deny Hearing Request and Issue Amendment to Permit, JB/RM

Item 8. Docket No. 95-1540-WR. APPLICATION BY WAYNE MOHR to amend Certificate of Adjudication No. 14-1445. The applicant is seeking to amend his certificate of adjudication by adding a diversion point downstream. The Commission will consider the application and hearing requests that have been filed on the application. (Irene Montelongo/Kellye Rila)

Deny Hearing Request and Amend Certificate of Adjudication, RM/JB

CONTESTED (Petroleum Storage Tank Enforcement)

Item 9. Docket No. 95- 1507- PST- E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Joel F. Shaw Real Estate Investments in Harris County; PST Enforcement Identification No. E11082; 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 Kusumanchi)

Issue Agreed Order, RM/BM

Item 10. Docket No. 95- 1460- PST- E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Mr. Jerry Woolley in Llano County; PST Enforcement Identification No. E10994; 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 Kusumanchi)

Issue Agreed Order, RM/BM

Item 11. Docket No. 95- 1461- PST- E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Lockhart Independent School District in Caldwell County; PST Enforcement Identification No. E11178; 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 Kusumanchi)

Issue Agreed Order, RM/BM

Item 12. Docket No. 96- 0036- PST- E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Hebron Enterprises in Tarrant County; PST Enforcement Identification No. E11067; 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 Kusumanchi)

Issue Agreed Order, RM/BM

Item 13. Docket No. 96- 0037- PST- E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Mr. Guadalupe L. Trevino in Val Verde County; PST Enforcement Identification No. E11253; 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 Kusumanchi)

Issue Agreed Order, RM/BM

Item 14. Docket No. 96- 0034- PST- E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Mr. David E. Capps in Dallas County; PST Enforcement Identification No. E11241; 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 Kusumanchi)

Issue Agreed Order, RM/BM

Item 15. Docket No. 96- 0035- PST- E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of H.D. Weaver Ditching Contractor in Lubbock County; PST Enforcement Identification No. E11240; 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 Kusumanchi)

Issue Agreed Order, RM/BM

Item 16. Docket No. 96- 0032- PST- E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Mr. Jesse R. Gonzalez in Bexar County; PST Enforcement Identification No. E11286; 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 Kusumanchi)

Issue Agreed Order, RM/BM

Item 17. Docket No. 96- 0033- PST- E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Mr. Isaac E. Elizondo in Bexar County; PST Enforcement Identification No. E11202; 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 Kusumanchi)

Issue Agreed Order, RM/BM

Item 18. Docket No. 96- 0041- PST- E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Franklin Service Stations, Inc. in Travis County; PST Enforcement Identification No. E10949; for petroleum storage tank violations pursuant to the Texas Water Code, Section 26.136, and the rules of the Texas Natural Resource Conservation Commission. (Mark Norman)

Issue Agreed Order, RM/BM

Item 19. Docket No. 96- 0078- PST- E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Hoang Cong Nguyen in Harris County; PST Enforcement Identification No. E11227; for petroleum storage tank violations pursuant to the Texas Water Code, Section 26.136, and the rules of the Texas Natural Resource Conservation Commission. (Jaime Lopez)

Issue Agreed Order, RM/BM

Item 20. Docket No. 96- 0077- PST- E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Rip Griffin Oil Company in Terry County; PST Enforcement Identification No. E10864; for petroleum storage tank violations pursuant to the Texas Water Code, Section 26.136, and the rules of the Texas Natural Resource Conservation Commission. (Mark Norman)

Issue Agreed Order, RM/BM

Item 21. Docket No. 96- 0042- PST- E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Mr. Nazeh Jaser in Harris County; PST Enforcement Identification No. E10878; for petroleum storage tank violations pursuant to the Texas Water Code, Section 26.136, and the rules of the Texas Natural Resource Conservation Commission. (Mark Norman)

Issue Agreed Order, RM/BM

Item 22. Docket No. 95- 1401- PST- E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions against Ms. Hien Thi Le "Helen" Nguyen; Plano, Collin County; PST Enforcement No. E10748; for underground storage tank violations pursuant to the Texas Water Code, Chapter 26 and the Texas Health & Safety Code, Chapter 382 and the rules of the Texas Natural Resource Conservation Commission. (Karen Berryman/Walter Ehresman).

Issue Agreed Order, RM/BM

Item 23. Docket No. 96- 0091- PST- E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of West Texas Gas in Midland, Midland County; Enforcement ID No. E11058; for underground storage tank violations pursuant to Chapter 26 of the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Raymond C. Winter).

Issue Agreed Order, RM/BM

Item 24. Docket No. 96- 0038- PST- E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Mr. Eli Sasson in Harris County; PST Enforcement Identification No. E10986; for petroleum storage tank violations pursuant to the Texas Water Code, Section 26.136, and the rules of the Texas Natural Resource Conservation Commission. (Sushil Modak)

Issue Agreed Order, RM/BM

Item 25. Docket No. 96- 0082- PST- E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Inman's Exxon in Llano County; Enforcement I.D. No. E10797; for petroleum storage tank violations pursuant to Chapter 26 of the Texas Water Code, and the rules of the Texas Natural Resource Conservation Commission. (Linda Sorrells)

Issue Agreed Order, RM/BM

Item 26. Docket No. 96- 0076- PST- E. Consideration of an Agreed Order requiring certain actions of Lynn County Fuel Association in Lynn County; Enforcement I.D. No. E10845; for petroleum storage tank violations pursuant to Chapter 26 of the Texas Water Code, and the rules of the Texas natural Resource Conservation Commission. (Linda Sorrells)

Issue Agreed Order, RM/BM

Item 27. Docket No. 96- 0039- PST- E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Gulley's Diving Service Inc. in Nueces County; PST Enforcement Identification No. E10974; for petroleum storage tank violations pursuant to the Texas Water Code, Section 26.136, and the rules of the Texas Natural Resource Conservation Commission. (Sushil Modak)

Issue Agreed Order, RM/BM

Item 28. Docket No. 95- 1462- PST- E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Doc Holliday's Car Wash in Travis County; PST Enforcement Identification No. E11050; 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 Kusumanchi)

Issue Agreed Order, RM/BM

Item 29. Docket No. 96- 0043- PST- E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of La Lomita, Inc. in Hidalgo County; PST Enforcement Identification No. E11222; for petroleum storage tank violations pursuant to the Texas Water Code, Section 26.136, and the rules of the Texas Natural Resource Conservation Commission. (Sushil Modak)

Issue Agreed Order, RM/BM

Item 30. Docket No. 95- 1464- PST- E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of O'Neall Specialty Co., Inc. in Hidalgo County; PST Enforcement Identification No. E11038; 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 Kusumanchi)

Issue Agreed Order, RM/BM

Item 31. Docket No. 95- 1463- PST- E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Mr. Jesse Galindo in Harris County; PST Enforcement Identification No. E11018; 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 Kusumanchi)

Issue Agreed Order, RM/BM

Item 32. Docket No. 95- 1459- PST- E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Mr. Eric Cornelius in Floyd County; PST Enforcement Identification No. E11239; 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 Kusumanchi)

Issue Agreed Order, RM/BM

CONTESTED (Air Quality Enforcement)

Item 33. Docket No. 95- 1242- AIR- E. Consideration of an Agreed Order requiring certain actions of F.C. Schmidt Gin in Falls County; Account No. FA- 0023- M; for air quality violations pursuant to Chapter 382 of the Texas Health and Safety Code, and the rules of the Texas Natural Resource Conservation Commission. (Thomas Corwin)

Issue Agreed Order, RM/BJ

CONTESTED (Industrial Waste Discharge Enforcement)

Item 34. Docket No. 96- 0099- IWD- E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of KMCO, Inc. dba KMTEX in Jefferson County; TNRCC Permit No. 03544; for water quality violations pursuant to the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Lin Zhang/Guy Henry)

Issue Agreed Order, JB/RM

CONTESTED (Municipal Solid Waste Enforcement)

Item 35. Docket No. 96-0090-MSW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Jim Hogg County, in Jim Hogg County; Municipal Solid Waste Site Permit No. 506; for violations pursuant to the Texas Solid Waste Disposal Act, TEXAS HEALTH AND SAFETY CODE ANN. Chapter 361, and the rules of the Texas Natural Resource Conservation Commission. (Carol Piza/Steve Shepherd)

Continued to January 24, 1996

CONTESTED (Public Water Supply Enforcements)

Item 36. Docket No. 95- 1430- PWS- E. Consideration of an agreed order assessing administrative penalties and requiring certain actions of Dante Carlomango dba Wilderness Sound Water System. Yegua Water in Burleson County: PWS Nos. 0260039 and 0260041; for Public Water System violations pursuant to the Texas Health and Safety Code and the Rules of the Texas Natural Resource Conservation Commission. (Dorothy Young)

Issue Agreed Order, JB/BM

Item 37. Docket No. 95- 1351- PWS- E. Consideration of an agreed order assessing administrative penalties and requiring certain actions of B.M. Jobe dba Esperanza Fresh Water Supply District #1 in Hudspeth County; PWS No. 1150010; for public water system violations pursuant to the Texas Health and Safety Code and the Rules of the Texas Natural Resource Conservation Commission. (Sabelyn Pussman)

Issue Agreed Order, JB/BM

Item 38. Docket No. 95- 1428- PWS- E. Consideration of an agreed order assessing administrative penalties and requiring certain actions of Southwest Utilities, Inc. In Brazoria, Harris, Liberty, Matagorda, and Montgomery Counties; for Public Water System violations pursuant to the Texas Health and Safety Code and the Rules of the Texas Natural Resource Conservation Commission. (GUY HENRY, SABELYN PUSSMAN)

Issue Agreed Order, JB/BM

CONTESTED (Water Utility Interim Rates)

Item 39. Docket No. 96- 0062- UCR. Consideration of Executive Director's request for interim rates for Skycorp Inc. in Tarrant County, Texas; CCN No. 11796. (Angela Stepherson/Bret Fenner)

Set Interim Rates as Recommended by Staff, JB/RM

CONTESTED (Rules)

Item 40. Docket No. 95- 1490- RUL. Consideration for repeal of 30 TAC Chapter 115, Subchapter G, Sections 621 and 625, concerning Utility Engines. If adopted, the repeal would remove regulations that have been superseded by recent federal rulemaking and policy decisions. The proposal was published in the November 14, 1995 issue of the Texas Register (20 TexReg 9378). (Beecher Cameron)

Repeal as Recommended by Staff, RM/JB

Item 41. Docket No. 95- 1417- RUL. Consideration for adoption of amendments to 30 TAC Chapter 330, Subchapter P, concerning Fees and Reports. If adopted, the rules would exempt from payment of solid waste disposal fees: (1) solid waste resulting from a public entity's cleanup of a community from the effects of a natural or man- made disaster or from structures that have been contributing to drug trafficking or other crimes if the disposal facility donates the cost of disposal of the waste to the public entity, and (2) Class I industrial waste and hazardous waste subject to fees under Health and Safety Code section 361.136. The proposal was published in the October 20, 1995 issue of the Texas Register (20 TexReg 8582). (Eddie Molina)

Adopt Amendments as Recommended, RM/BM

Item 42. Docket No. 95- 0744- RUL. Consideration for adoption of amendments to 30 TAC Chapter 117, Subchapter C concerning Acid Manufacturing, Subchapter D concerning Administrative Provisions, and Subchapter E concerning Gas- Fired Steam Generation; consideration for approval to submit a petition to the United States Environmental Protection Agency requesting an extension of the temporary exemption under sections 182(b)(1) and 182(f) of the Federal Clean Air Act, concerning nitrogen oxides requirements in the Houston/Galveston and Beaumont/Port Arthur ozone nonattainment areas; and revisions to the State Implementation Plan regarding these proposed amendments. The proposal was published in the Texas Register on September 5, 1995 (20 TexReg 6912). (Mike Magee)

Approve Staff Recommendation, RM/BM

CONTESTED (Administrative Law Judge's Proposal for Decision)

Item 43. DOCKET NOS. 95- 0824 Through 95- 0835- UCR and 95- 0931- UCR; SOAH Docket No. 582- 95- 1101. Consideration of Administrative Law Judge's Proposal for Decision and Order concerning the petition of Jerbo/San Ann Land, L.P. et al protesting extension fees imposed by Hill Country S. A. Ltd. for Water service in Bexar County. Recommendation: Dismiss in accordance with agreement of parties. ALJ: Kerry Sullivan

Adopt Administrative Law Judge's Proposal for Decision and Issue Order, overrule all exceptions except the Executive Directors. RM/JB

Item 44. Docket No. 95- 0083- UCR; SOAH Docket No. 582- 95- 1124. Consideration of Administrative Law Judge's Proposal for Decision and Order concerning the Petition of Ratepayers appealing a water rate increase by West Jefferson County Municipal Water District. Applicant provides retail water service to approximately 1900 customers. Recommendation: Partial approval of rate increase. ALJ: (Kerry Sullivan)

Remand to State Office Administrative Hearings, RM/JB

EXECUTIVE SESSION

Item 45. Docket No. 96-0139-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 46. Docket No. 96-0140-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

Item 47. Docket No. 96-0141-EXE. The Texas Natural Resource Conservation Commission will meet in closed session to discuss the following: (1) pending litigation; In Re Tejas Testing Technology One, L.C. and Tejas Testing Technology Two, L.C., Case Nos. 95-12265 and 95-12266, Jointly Administered under Case No. 95-12265-FM; and Tejas Testing Technology One, L.C. and Tejas Testing Technology Two, L.C. Snap-on Incorporated, Plaintiffs v. Texas Natural Resource Conservation Commission Barry McBee, Ralph Marquez, John Baker, Dan Pearson, Dan Morales, The Texas Department of Public Safety, James R. Wilson, The Texas Department of Transportation and William G. Burnett, Defendants, Adversary Proceeding No. 95-1207, both in the United States Bankruptcy Court for the Western District of Texas--Austin division; and (2) legal matters with respect to the contract between the TNRCC and MARTA Technologies, Inc. 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 before taking any vote or making any decision. The Commission may meet in open session to take official action on legal matters with respect to the MARTA Technologies, Inc. contract.

Continued to January 24, 1996

(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.

ADDENDUM TO AGENDA

Wednesday, January 10, 1996

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.

Room 201S, Bldg E.

12118 N. Interstate 35

Item 48. Consideration of the Executive Director's approval of the application of Hoechst Celanese Chemical Group, Ltd. for a transfer of ownership, pursuant to 30 Texas Administrative Code Ann. Section 263.1, of Class I UIC Permit Nos. WDW-244, 245, and 246. These permits are for Class I UIC wells in Pampa, Texas. The Executive Director approved the change of the permittee in these three permits from Celanese Chemical Company, Inc. to Hoechst Celanese Chemical Group, Ltd. on December 29, 1995. The Commission is authorized to approve the transfer pursuant to 30 Texas Administrative Code Section 305.64. (K. Vail)

Ratify Executive Directors Approval, BM/JB

Item 49. Consideration of the Executive Director's approval of the application of Hoechst Celanese Chemical Group, Ltd. for a transfer of ownership, pursuant to 30 Texas Administrative Code Ann. Section 263.1, of Class I UIC Permit Nos. WDW-33, WDW-45, and 283. These permits are for Class I UIC wells in Houston, Texas. The Executive Director approved the change of the permittee in these permits from Hoechst Celanese Chemical Group, Inc. to Hoechst Celanese Chemical Group, Ltd. on December 29, 1995. The Commission is authorized to approve the transfer pursuant to 30 Texas Administrative Code Section 305.64. (K. Vail)

Ratify Executive Directors Approval, BM/JB

Item 50. Consideration of the Executive Director's approval of the application of Hoechst Celanese Chemical Group, Ltd. for a transfer of ownership, pursuant to 30 Texas Administrative Code Ann. Section 263.1, of Class I UIC Permit Nos. WDW-14, 32, 49, 110 and 277. These permits are for Class I UIC wells in Bay City, Texas. The Executive Director approved the change of the permittee in these permits from Hoechst Celanese Chemical Group, Inc. to Hoechst Celanese Chemical Group, Ltd. on December 29, 1995. The Commission is authorized to approve the transfer pursuant to 30 Texas Administrative Code Section 305.64. (K. Vail)

Ratify Executive Directors Approval, BM/JB

OLD BUSINESS AGENDA

Wednesday, January 10, 1996

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.

Room 201S, Bldg. E.

12118 N. Interstate 35

Item carried forward from Agenda of July 12, 1995.

Item 1. Docket No. 95-0398-DIS. CONSIDERATION OF A PROPOSED ORDER APPROVING THE APPLICATION BY FRISCO MUNICIPAL UTILITY DISTRICT NO. 1 OF COLLIN AND DENTON COUNTIES FOR APPROVAL OF $2,425,000 UNLIMITED TAX BONDS, SECOND ISSUE, 8.17% NET EFFECTIVE INTEREST RATE, SERIES 1995. For Commission consideration. Applicant requests approval of a bond issue to finance a portion of a water plant, water main construction, wastewater trunk mains, and utilities to serve residential and commercial areas of the District. (Robert Ferguson) (The commission abated issuance of bonds until district court resolved, settlement has been reached).

Continued to February 14, 1996

Item carried forward from Agenda of December 20, 1995.

Item 2. The Commissioners will meet in Closed Session to discuss the duties and roles of the Internal Auditor of the Texas Natural Resource Conservation Commission and the recent peer review of the Office of Internal Audit under Section 551.074 of the Open Meetings Act, Chapter 551 of the Government Code. The Commission may also meet in Open Session to consider the duties and role of the Commission's Internal Auditor and the recent peer review of the Office of Internal Audit in accordance with Chapter 551 of the Government Code.

General Counsel will do certified agenda