MCBEE
MARQUEZ
BAKER
CONTESTED AGENDA


Wednesday, September 11, 1996


TEXAS NATURAL RESOURCE CONSERVATION COMMISSION


9:30 A.M.

Bldg E. Room 201S

12118 N. Interstate 35



UNCONTESTED (Class 3 Modifications to Hazardous Waste Permits)

Item 1. Docket No. 96-1428-IHW. Consideration of an application by Star Enterprise - PORT ARTHUR for a Class 3 permit modification to Permit No. HW-50188 in accordance with 30 TAC Section 305.69. The permit authorizes operation of an industrial solid waste storage, processing and disposal facility for the management of hazardous wastes, Class 1, Class 2 and Class 3 non-hazardous industrial solid waste. The permit modification will authorize changes in the contingency plan, waste analysis plan, inspection schedule, personnel training plan, waste minimization submittal date and permitted container storage area capacity. The facility is located east of the intersection of Highway Spur 214 and State Highway 73 on approximately 2,079.65 acres in Port Arthur, Jefferson County, Texas. (John Clegg)

Issue Class 3 Modification, RM/JB

UNCONTESTED (Class 2 Modification to Hazardous Waste Permit)

Item 2. Docket No. 96-1436-IHW. Consideration of an application by CHEMICAL WASTE MANAGEMENT, INC. for a Class 2 permit modification to Permit No. HW-50212 in accordance with 30 TAC Section 305.69. The permit authorizes operation of a commercial industrial and hazardous waste management facility for the storage, processing and disposal of hazardous, Class 1, Class 2 and Class 3 non-hazardous industrial solid wastes. The permit modification will authorize the removal of the requirement for maintaining and installing internal protective coatings in tank systems and the addition of application submittal dates to Provision II.F.1., Facility Modification, of this permit. The facility is located on approximately 442 acres on the southern side of State Highway 73, about three (3) miles west of the State Highway crossing over Taylor Bayou, approximately nine (9) miles westerly from Port Arthur, Jefferson County, Texas. (John Clegg)

Issue Class 2 Modification, RM/BM

CONTESTED (Hearing Request)

Item 3. Docket No. 96-1315-IHW. TEXAS ECOLOGISTS, INC. for Class 3 Permit Modification of Hazardous Waste Permit No. HW-50052-01. The modification requests authorization to construct and operate Cell 26, a land disposal unit for nonhazardous industrial waste. The facility is located on Petronila Road 3.5 miles south of Robstown, Nueces County, Texas. The Commission will consider the application and the hearing requests that have been filed on the application. (Sharon Smith/John Clegg)

Continued to September 25, 1996

Item 4. Docket No. 96-1314-IWD. CDR ENVIRONMENTAL, INC. for Proposed Permit No. 03893 to store, process and dispose of wastewater treatment sludge. The sludge will be land applied by irrigation on a TNRCC regulated site (TNRCC Registration No. 710057) or hauled by vacuum trucks to other TNRCC registered land application sites. The applicant proposes to land apply wastewater treatment sludge based on the agronomic need of the crops grown on the land. No discharge of pollutants into waters of the State is authorized by this permit. The facility is approximately 1,000 feet within the TNRCC registered site 710057 which is approximately 0.9 mile southwest of the intersection of Farm-to-Market Road 362 and Farm-to-Market Road 529, approximately 8 miles north of the City of Brookshire in Waller County, Texas. The Commission will consider application and the hearing requests and protests that have been filed on the application. (Tom Weber/Bob Sweeney)

Continued to September 25, 1996

CONTESTED (Citizen Concerns)

Item 5. Docket No. 96-1313-IWD. ANCHOR STONE COMPANY for a permit (Proposed Permit No. 03884) to authorize an intermittent, flow variable discharge of mine pit water, process wastewater and stormwater via Outfall 001; and an intermittent, flow variable discharge of stormwater via Outfall 002. The applicant operates a limestone quarry and rock crushing operation. The plant site is adjacent to the south side of Grindstone Road, approximately 1.5 miles south of the intersection of Interstate Highway 20 and Millsap Road and west of the City of Weatherford in Parker County, Texas. The Commission will consider the application and the concerns that have been filed on the application. (Tom Weber/ Bob Sweeney)

Continued to September 25, 1996

CONTESTED (District Matter)

Item 6. Docket No. 95-1047-DIS. CONSIDERATION OF A PROPOSED ORDER REGARDING AN APPLICATION BY HICKORY CREEK WATER SUPPLY CORPORATION FOR CONVERSION TO HICKORY CREEK SPECIAL UTILITY DISTRICT OF COLLIN, FANNIN AND HUNT COUNTIES. For Commission consideration. Applicant requests approval to convert to a Special Utility District. (TNRCC Internal Control No. 061695-D01; Robert Cummins)

Continued to November 20, 1996

CONTESTED (Temporary Order)

Item 7. Docket No. 96-1326-IWD. Application of GSE Lining Technology, Inc. for a Temporary Order authorizing the discharge of up to 1.5 million gallons per day as a daily maximum flow of treated domestic wastewater and reverse osmosis water treatment effluent and stormwater from a flood control pond on the southwest corner of the GSE facility located on the south side of Richey Road and approximately 1 mile east of the intersection of Richey Road and the Hardy Toll Road, in the City of Houston in Harris County, Texas. The effluent will be discharged to an unnamed drainage ditch; thence to Greens Bayou in Segment No. 1016 of the San Jacinto River Basin. (Jim Bateman)

Issue Temporary Order, RM/JB

CONTESTED (Petroleum Storage Tank Enforcement)

Item 8. Docket No. 96-1215-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of West Texas Gas, Inc. in Tom Green County; PST Enforcement I.D. No. E11347; for petroleum storage tank violations pursuant to the Texas Water Code, Chapter 26, and the rules of the Texas Natural Resource Conservation Commission. (Glenn Hall).

Continued to November 6, 1996

CONTESTED (Industrial Hazardous Waste Enforcement)

Item 9. Docket No. 96-1181-IHW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of U.S. Army Air Defense Artillery Center at Fort Bliss in El Paso County; SWR No. 63003; for solid waste management violations pursuant to the Solid Waste Disposal Act, Texas Health and Safety Code, Chapter 361, and the rules of the Texas Natural Resource Conservation Commission. (Glenn Hall).

Issue Agreed Order, JB/BM

CONTESTED (Public Water Supply Enforcement)

Item 10. Docket No. 95-1503-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Kenneth Holliman d/b/a Holliman Water Department in Henderson County; PWS No. 1070028; for Public Drinking Water violations pursuant to the Texas Health and Safety Code and the rules of the Texas Natural Resource Conservation Commission. (G. Henry and K. Wheatley)

Issue Agreed Order, RM/JB

CONTESTED (Rules)

Item 11. Docket No. 96-1337-RUL. Consideration for publication and hearing of proposed amendments of 30 TAC Chapters 295, 297 and 331, concerning Water Rights, Procedural; Water Rights, Substantive; and Underground Injection Control, respectively. The proposed rules reflect the Phase II implementation of new legislation (House Bill 1989) regarding the regulatory framework for surface water being stored in certain aquifers for subsequent retrieval and beneficial use. (James Kowis)(Rule Log Number 95172-295-WT)

Proceed with Publication and Hearing, JB/BM

Item 12. Docket No. 96-1088-RUL. (1) Consideration for adoption of a 60-day extension to the emergency rule adopted on June 26, 1996, and published in the Texas Register (21 TexReg 6299); and (2) consideration for publication of proposed new 30 TAC Chapter 330, Subchapter R, Section 330.860, relating to Management of Whole Used or Scrap Tires. The proposed new section would authorize the Executive Director to create a Special Authorization Priority Enforcement List for tires generated in those areas of the state which are receiving inadequate collection service, and would replace the emergency rule. The list will be used to implement clean up and recycling efforts. (Mark Vickery)(Rule Log No. 96146-330-WS)

Approve Staff Recommendation, RM/JB

CONTESTED (Administrative Law Judge's Proposal for Decision)

Item 13. TNRCC Docket No. 96-0424-UCR; SOAH Docket No. 582-96-0556. Consideration of Administrative Law Judge's Proposal for Decision and Order concerning the complaint and petition of Staff Water Supply Corporation for review of rates charged by the City of Eastland for treated surface water by wholesale contract in Eastland County, Texas. ALJ: Cynthia G. Hayes.

Adopt Proposal for Decision and Issue Order, overrule all exceptions filed by City of Eastland, BM/RM

EXECUTIVE SESSION

Item 14. Docket No. 96-1438-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 15. Docket No. 96-1439-EXE. THE COMMISSION WILL CONDUCT A CLOSED SESSION TO DISCUSS THEIR DUTIES, ROLES, AND RESPONSIBILITIES AS COMMISSIONERS OF THE TNRCC PURSUANT TO SECTION 551.074 OF THE OPEN MEETINGS ACT, CODIFIED AS CHAPTER 551 OF THE GOVERNMENT CODE. No final action, decision, or vote with regard to any matter considered in closed session shall be made in the absence of further notice issued in accordance with Chapter 551 of the Government Code.

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 MAKE.)

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, September 11, 1996

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.

Room 201S, Bldg E.

12118 N. Interstate 35

Item 16. Docket No. 96-1458-EXE. The Commission will meet in closed session to deliberate the employment, evaluation, duties, discipline, or dismissal of the Executive Director of the Commission 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 these matters as required by Section 551.102 of the Texas Open Meetings Act.

No Action Taken

Item 17. Docket No. 96-1459-EXE. The Commission will meet in closed session to deliberate the employment of the Deputy Director for Water Resource Management 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.

No Action Taken

OLD BUSINESS AGENDA

Wednesday, September 11, 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 24, 1996.

Item 1. TNRCC Docket No. 95-0432-UCR; SOAH Docket No. 582-95-1084. The Commission will consider a motion for rehearing filed by the City of Arlington. Arlington's motion for rehearing relates to the petitions filed by the City of Arlington concerning the wastewater rates set by the City of Fort Worth. On May 22, 1995, the Commission denied the petitions. The Chief Clerk mailed the Commission's order on June 13, 1996.

Grant Motion for Rehearing for the limited purpose of entering into an order documenting our approval of settlement agreement arrived at between the parties, BM/RM

Item carried forward from Agenda of August 28, 1996.

Item 2. Docket No. 96-1304-RUL. Consideration for publication of proposed new 30 TAC Chapter 352, concerning Commercial Nonhazardous Industrial Solid Waste Landfills. If adopted the rules would establish the design and operational standards for management of nonhazardous waste at off-site commercial landfill units. (Bryan Dixon) (Rule Log No. 96128-352-WS).

Continued to September 18, 1996

Item carried forward from Agenda of August 28, 1996.

Item 3. Docket No. 96-0105-AIR-E. Consideration of an Amended Agreed Order requiring certain actions of Heat Energy Advanced Technology in Dallas County; Account No. DB-0934-I; amending an Agreed Order that became effective on March 20, 1996. (Paul C. Sarahan).

Issue Amended Agreed Order, RM/JB

ADDENDUM TO OLD BUSINESS AGENDA

Wednesday, September 11, 1996

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.

Room 201S, Bldg E.

12118 N. Interstate 35

Item carried forward from Agenda of August 29, 1996 work session.

Item 4. Consideration of revision of the Commission's approach, procedure, and/or rules relating to requests for contested case hearings (30 Tex. Admin. Code §§ 55.1-.31). The Commission may receive public comment on this matter.

Let me make a motion that will be in a form of a resolution, which I will ask Mr. Connor (General Counsel) if we vote on this affirmable, to document, try to do so quickly perhaps even by the end of this week. Obviously what we are wrestling with here is just how we do in fact evaluate these request for contested case hearings, and I appreciate Mrs. Fields raising and Mr. Connors reply, but I think the heart of that issue is the interpretation of the Administrative Procedures Act, whether it is applicable in fact to our deliberation and decisions as to whether someone is entitled to a contested hearing whether they are a party under prevailing legislation, and I think it is our interpretation that Mr Connor noted is not required that is if you will pre APA proceeding based on reading of the law, so I think that would be the underlying basis for my motion and a resolution, that is our interpretation of the law and I would ask Mr. Connor to go forth and lead a project on an expedited basis to return to us, either with a resolution or actually with some draft rules perhaps that will clarify that interpretation if need be and will also address some of these others issues that have been raised for example, expanded use of public meetings, take note of Mrs Fields views as to the utility of those meetings and what they ought to produce, so we can talk about that further, but that we would have some expanded use of those meetings, I think with the idea they really would be a forum in which clear opportunity to influence the decisions and actions of this agency would come up, I don't think they would be universal by any means, would not be done with respect to every permit matter, but that we would have some opportunity to have more than we have now, and then to focus on what the OPA will do. Very good comments here about what their responsibilities are to citizens that they will be seeking to assist, both those who come already with a request for hearing and/or some who come simply with concerns more about the process and will help them through that process and obviously there will be a host of other questions with issues to what the Chief Clerk can and can not do we will have to flush out and certainly the issues about under the APA or not under the APA some process for reconsideration of the decisions made by commission in terms in recommending denial of a request for hearing, so that is a motion I will leave for Mr Connor to put into a form of a resolution and I would say because we are talking about if you will rolling out and starting the business of OPA by the end of this month or at the end of this month, that you need to come back again Mr. Connor by the 18th would be to close, so I would say by the 25th with some matters that we could actually wrestle with or there is a work session on the 26th which might also be a more appropriate forum, better forum for us to have a little more full discussion of that. BM/JB

Item carried forward from Agenda of August 29, 1996 work session.

Item 5. The Commission will meet in closed session to receive legal advice on Commission evaluation of requests for contested case hearings, including revision of Commission rules relating to requests for contested case hearings (30 Tex. Admin. Code §§ 55.1-.31), pursuant to Section 551.071 of the Texas Open Meetings Act, Chapter 551 of the Texas 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 Texas Government Code.

No Action Taken

Item carried forward from Agenda of August 21, 1996.

Item 6. Docket No. 96-1328-CON. Approval of contract between the TNRCC and the State Office of Administrative Hearings which provides for payment to SOAH for services to be rendered during the fiscal year beginning September 1, 1996, and ending August 31, 1997.

Approve Contract with State Office Administrative Hearings with addition amount as requested, BM/JB