McBee
Marquez
Baker

CONTESTED AGENDA

Wednesday, November 19, 1997

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.
Bldg E. Room 201S
12100 Park 35 Circle


Hearing Requests

Item 1.   Docket No. 97-0970-MWD. Request by CITY OF PEARLAND for an amendment of Permit No. 10134-003 to authorize an increase in the discharge volume of treated domestic wastewater effluent. The proposed amendment would authorize an increase in volume from a volume not to exceed an average daily flow of 1.75 million gallons per day (MGD) to a volume not to exceed an average daily flow of 2.5 MGD. The applicant requests a variance from the buffer zone requirement for property within the 150 foot buffer zone which is not owned by the City pursuant to 30 TAC 309.13 (e)(1)(A). The plant site is located at Dixie Farm Road at Myrtle Wood Drive, immediately south of Clear Creek and immediately west of the Brazoria and Galveston County common boundary in Brazoria County, Texas. The Commission will consider the application and the hearing requests that have been filed on the application.

Deny Hearing Request, RM. Dies for Lack of Second. Grant Hearing Request, BM. Commissioner Marquez withdraws motion and remand to Alternative Dispute Resolution for 4 to 6 weeks, RM/JB. All Commissioners Agree

Item 2.   Docket No. 97-0971-MWD. PAT INGRAM has applied to the Natural Resource Conservation Commission (TNRCC) for a new permit, Permit No. 13895-001. The proposed permit will authorize a discharge of treated domestic wastewater effluent at a volume not to exceed an average flow of 0.012 million gallons per day. The wastewater treatment facility will serve the Windmill Mobile Home Park. The plant site is located approximately 1.2 miles north-east of the intersection of Interstate Highway 20 and Loop 312 in Parker County, Texas. The Commission will consider the application and the hearing requests that have been filed on the application.

Remand to Executive Director Proper Notice, RM/BM. All Commissioners Agree

Item 3.   Docket No. 97-0972-MWD. Request by SAN YGNACIO MUNICIPAL UTILITY DISTRICT for a renewal of Permit No. 13383-001 authorizing disposal of treated domestic wastewater by irrigation on 72 acres of pasture land at a volume not to exceed an average daily flow of 0.194 million gallons per day. The wastewater treatment facility and disposal site are located approximately 2.2 miles north-northeast of the intersection of U.S. Highway 83 and Farm-to-Market Road 3169 at San Ygnacio in Zapata County, Texas. The Commission will consider the application and hearing requests that have been filed on the application.

Grant Hearing of Mr. Guiterrez, Allow Mediation for 4 to 6 weeks, RM/BM. If Mediation fails forward to hearing and Judge will determine party status of all hearing request. RM/BM. All Commissioners Agree

Item 4.   Docket No. 97-0981-MWD. CROSSROADS BIBLE CHURCH for a new permit (proposed Permit No. 13890-001) to authorize a discharge of treated domestic wastewater effluent at a volume not to exceed an average flow of 0.0036 million gallons per day. The applicant is also requesting a variance to the buffer zone requirements in accordance with 30 TAC Section 309.13(e)(1)(B). The wastewater treatment facility will serve the Crossroads Bible Church. The plant site is located approximately 1000 feet east of the intersection of Farm-to-Market Road 407 and Farm-to-Market Road 1830 (McMakin Road) and South of Farm-to-Market Road 407 in Denton County, Texas. The Commission will consider the application and the hearing requests that have been filed on the application.

Grant Hearing Request of Rayzor, RM/BM. Allow Alternative Dispute Resolution 4 to 6 weeks to mediate. Amend motion to remand only to Alternative Dispute Resolution for 4 to 6 weeks, RM/BM. All Commissioners Agree

Item 5.   Docket No. 97-0980-IWD. Aquatic BioEnhancement Systems, Inc. for new Permit No. 03940 to authorize the discharge of wastewater from an aquaculture facility that will produce tilapia. The proposed permit would authorize the discharge of wastewater effluent at an average flow rate not to exceed 1.5 million gallons per day. The wastewater treatment facilities are located adjacent to County Road 211 approximately one mile from the intersection of County Road 211 and State Highway 181, immediately south of Falls City, Karnes County, Texas. The Commission will consider the application and hearing requests that have been filed on the application.

Grant Hearing Request of Mr. Thonoff & Henry and remand to State Office Administrative Hearing, JB/RM. Allow parallel mediation with State Office Administrative Hearing. All Commissioners Agree

Class 2 Modification

Item 6.   Docket No. 97-0588-IHW. Consideration of an application by Detrex Corporation for a Class 2 modification to permit HW-50021 in accordance with 30 TAC Sections 39.107 and 305.69 (c). The permit authorizes the operation of a commercial industrial solid waste management facility. The modification will authorize the construction and continued operation of four container storage areas and one proposed container storage area, installing one permitted tank for the storage/processing of hazardous waste and a tank for industrial solid nonhazardous waste, removal of three permitted tanks from the permit, and the building will not be made into an XP rating since no flammable material will be stored inside the building. The facility is located at 322 International Parkway, Arlington, Tarrant County, Texas. (John Clegg)

Issue Class 2 Modification, JB/BM. Commissioner Marquez absent for this vote.

Resolution

Item 7.   Docket No. 97-1004-RES. Consideration of Nominations and Appointment of an elected official from a municipality with a population of 750,000 or more and a registered waste tire processor to the Municipal Solid Waste Management and Resource Recovery Advisory Council. (Gary Trim)

Approve Staff Recommendation, RM/JB. Commissioner Marquez absent for this vote.

Contracts

Item 8.   Docket No. 97-0991-CON. Consideration of Authorizing the Executive Director to Execute a Contract Amendment to Waste Abatement Technology's Remedial Action Contract for Groundwater Treatment at the Odessa Chromium I Superfund Site (Lel Medford, Barbara Boulware-Wells, or Caroline Sweeney)

Approve Contract, RM/BM. All Commissioners Agree

Item 9.   Docket No. 97-1043-CON. Consideration of authorizing the Executive Director to execute a contract amendment to CF Environmental Corporations Remediation Contract for treatment of soils at the United Creosoting Superfund Site in Conroe, Montgomery County, Texas. (Dan Wittliff)

Continued to December 17, 1997

Item 10.   Docket No. 97-1008-CON. Consideration of authorizing the Executive Director to enter into Contract No. 9870112300, Source-Water Assessment contract, with the U.S. Department of the Interior, U.S. Geological Survey to assess the susceptibility of all Texas public water supplies to contamination. (Maria Sanchez/David Terry)

Approve Contract, JB/BM. All Commissioners Agree
Item 11.   Docket No. 97-1009-CON. Consideration to authorize the Executive Director to enter into a contract for an amount up to $1.9 million. The Contract is for services to administer the TNRCC Water Utility Division, State of Texas, On-Site Assistance Program, Wellhead Protection Program, and Drinking Water Sampling Program. (Lara Nehman/Melvin Wrenn)

Continued to December 3, 1997

PETITION

Item 12.   Docket No. 97-0903-AIR. Consideration of a Petition and Proposed Order regarding Designation of Single Property, pursuant to 30 TAC §101.2(b), concerning Multiple Air Contaminant Sources or Properties, submitted by E. I. DuPont de Nemours and Company and Lyondell Petrochemical Co. in Victoria County, Texas. If granted the petitioners will have their properties designated as a single property for the purpose of demonstrating compliance with TNRCC regulations and the control of air emissions. (Janis Hudson, Victoria Hsu)

Continued to December 3, 1997

Superfund

Item 13.   Docket No. 97-0595-SPF. Consideration of an administrative order to conduct remedial design and remedial action activities at the South Texas Solvents State Superfund Site in Banquete, Nueces County. (Caroline Sweeney, Ashby McMullan)

Issue Order as Requested, RM/JB. All Commissioners Agree

Item 14.   Docket No. 97-0934-SPF. Consideration of an administrative order to conduct remedial design/remedial action and post- closure activities at the Houston Scrap State Superfund Site in Houston, Harris County, Texas. (Trey Collins and Lara Nehman)

Continued to December 3, 1997

District

Item 15.   Docket No. 97-0992-DIS. Consideration of a Proposed Order Approving the Application by Fort Bend County Municipal Utility District No. 1 for Approval of a Fire Protection Plan. For Commission consideration. Applicant requests approval of the fire protection plan and approval of a contract providing fire protection services. (TNRCC Internal Control No. 080897-D02, Samuel W. Jones, P.E.)

Approve Fire Plan, JB/RM. All Commissioners Agree

Air Enforcement Agreed Orders

Item 16.   Docket No. 97-0603-AIR-E. Consideration of an Agreed Order requiring certain actions of Steel Maintenance, Incorporated in Jefferson County; Account No. JE-0734-L; for air quality violations pursuant to the Texas Clean Air Act, Chapter 382 of the Texas Health and Safety Code, and the rules of the Texas Natural Resource Conservation Commission. (Lawrence King)

Issue Agreed Order, RM/BM. All Commissioners Agree

Item 17.   Docket No. 97-0315-AIR-E. Consideration of an Agreed Order requiring certain actions of Metro Concrete Products in Montgomery County; Account No. MQ-0537-V; for air quality violations pursuant to the Texas Clean Air Act, Chapter 382 of the Texas Health and Safety Code, and the rules of the Texas Natural Resource Conservation Commission. (Miriam Hall)

Issue Agreed Order, RM/BM. All Commissioners Agree

Item 18.   Docket No. 97-0535-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Regency Conversions in Tarrant County; Account No. TA-2152-E; for air quality violations pursuant to the Texas Clean Air Act, Texas Health and Safety Code, Chapter 382 and the rules of the Texas Natural Resource Conservation Commission. (Tel Croston)

Issue Agreed Order, RM/BM. All Commissioners Agree

Item 19.   Docket No. 97-0537-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Amoco Petroleum Products in Galveston County; Account No. GB-0004-L; for air quality violations pursuant to the Texas Clean Air Act, Chapter 382 of the Texas Health and Safety Code, and the rules of the Texas Natural Resource Conservation Commission. (Sheila Smith)

Issue Corrected Agreed Order, RM/BM. All Commissioners Agree

Item 20.   Docket No. 97-0703-AIR-E. Consideration of an Agreed Order requiring certain actions of Dal-Worth Fabrication, Incorporated in Dallas County; Account No. DB-0264-L; for air quality violations pursuant to the Texas Clean Air Act, Chapter 382 of the Texas Health and Safety Code, and the rules of the Texas Natural Resource Conservation Commission (David Edge)

Issue Agreed Order, RM/BM. All Commissioners Agree

Item 21.   Docket No. 97-0667-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Halten's Auto Sales in Orange County; Account No. OC-0272-L; for air quality violations pursuant to the Texas Clean Air Act, Chapter 382 of the Texas Health and Safety Code, and the rules of the Texas Natural Resource Conservation Commission. (Mary Jennings)

Issue Agreed Order, RM/BM. All Commissioners Agree

Air Enforcement Default Order

Item 22.   Docket No. 97-0021-AIR-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of McKinney Grain Company in Collin County; Air Account No. CP-0163-B; 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. (Hodgson Eckel)

Remand to Executive Director

Item 23.   Docket No. 96-1478-AIR-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of First Class Paint and Body aka Top of the Line Paint and Body in Dallas County; Air Account No. DB-3746-N; for air violations pursuant to the Texas Clean Air Act, Chapter 382 of the Texas Health and Safety Code, and the rules of the Texas Natural Resource Conservation Commission. (Hodgson Eckel)

Issue Default Order, BM/RM. All Commissioners Agree

Petroleum Storage Tank Default Orders

Item 24.   Docket No. 96-0314-PST-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of M & S Welding and Lease Service Corporation in Hidalgo County; 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. (Tracy Harrison)

Issue Default Order, BM/RM. All Commissioners Agree

Item 25.   Docket No. 96-1465-PST-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Topline Enterprises dba GoValle Food Store and Sultanali Momin in Travis County; Facility ID No. 66096; for petroleum storage tank violations pursuant to Chapter 26 of the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Tracy Harrison)

Issue Default Order, BM/RM. All Commissioners Agree

Industrial Hazardous Waste Enforcement Default Orders

Item 26.   Docket No. 96-0917-IHW-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Donald Koehne dba Koehne Plating in Henderson County; SWR No. 83726; for industrial and hazardous waste violations pursuant to the Texas Health & Safety Code Chapter 361, the Texas Water Code Chapters 5 nd 26, and the rules of the Texas Natural Resource Conservation Commission. (Booker Harrison)

Issue Default Order, RM/JB. All Commissioners Agree

Item 27.   Docket Nos. 97-0082-IHW-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Mohtay Nahas and City Radiator Service in Travis County; SWR No. 81318; for industrial and hazardous waste violations pursuant to the Texas Solid Waste Disposal Act, Chapter 361 of the Texas Health and Safety Code, and the rules of the Texas Natural Resource Conservation Commission. (Booker Harrison)

Issue Default Order, BM/RM. All Commissioners Agree

Public Water Supply Enforcement Agreed Orders

Item 28.   Docket No. 97-0264-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of John Bunyi dba Uniland Golf Center in Harris County; PWS No. 1012934; for public drinking water violations pursuant to Chapter 341 of the Texas Health & Safety Code and the rules of the Texas Natural Resource Conservation Commission. (Guy Henry)

Issue Agreed Order, BM/JB. All Commissioners Agree

Item 29.   Docket No. 96-1661-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Bernard Timbers Water Supply Corporation in Wharton County; PWS No. 2410014; for public drinking water violations pursuant to Chapter 341 of the Texas Health & Safety Code and the rules of the Texas Natural Resource Conservation Commission. (Guy Henry)

Issue Agreed Order, BM/JB. All Commissioners Agree

Item 30.   Docket No. 96-1611-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Roger Lewis dba Roger Lewis Water System in Brazoria County; PWS No. 0200468, and CCN No. 12255; for public water supply violations pursuant to Chapter 341 of the Texas Health & Safety Code, Chapter 290 of the 30 Texas Administrative Code, and the rules of the Texas Natural Resource Conservation Commission. (Guy Henry)

Issue Agreed Order, BM/JB. All Commissioners Agree

Item 31.   Docket No. 97-0263-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Joe Kim dba J. C. All Seasons Conoco Water System in Harris County; PWS No. 1012932; for public drinking water violations pursuant to Chapter 341 of the Texas Health & Safety Code and the rules of the Texas Natural Resource Conservation Commission. (Guy Henry)

Issue Agreed Order, BM/JB. All Commissioners Agree

Multi Media Enforcement Agreed Order

Item 32.   Docket No. 96-0594-MLM-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Southwestern Water Corporation in Hays and Travis Counties; PWS Nos. 2270166, 2270054, and 2460026; CCN Nos. 10741 and 20710; for public drinking water violations pursuant to Chapter 341 of the Texas Health & Safety Code and for utility violations pursuant to Chapter 13 of the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Guy Henry)

Continued to December 3, 1997

Industrial Waste Discharge Agreed Order

Item 33.   Docket No. 97-0621-IWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of FM Properties Operating Company in Travis County; No TNRCC Permit; for water quality violations pursuant to Chapter 26 of the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Guy Henry)

Issue Agreed Order, RM/JB. All Commissioners Agree

Industrial Waste Discharge Variance

Item 34.   Docket No. 97-0937-IWD. Request by E.I. Dupont de Nemours and Company for a temporary variance to the existing surface water quality standards for dissolved copper (limited in the proposed permit as total copper) in the Sabine River Tidal in Segment No. 0501 of the Sabine River Basin. The temporary variance will allow the Commission time to consider adoption of a site specific standard prior to E.I. DuPont de Nemours and Company having to comply with effluent limitations based on existing surface water quality standards.

Approve Temporary Variance, RM/JB. All Commissioners Agree

Industrial Waste Amendment

Item 35.   Docket No. 97-0937-IWD. Application from E.I. DuPont de Nemours and Company for an amendment to permit no. 00475 to revise the compliance date for final effluent limitations for total copper based on the temporary variance for dissolved copper. Interim limitations for copper have been revised based on the recommended site-specific standards change. The draft permit authorizes a discharge of recirculated noncontact cooling water, stormwater, and utility wastewaters including boiler blowdown, emergency firewater washdown on an intermittent and flow-variable basis and treated process wastewater, utility wastewater (cooling tower blowdown, boiler blowdown, water softener demineralizer regeneration effluent), treated laboratory wastewater, steam condensate, clarifier effluent, and noncontact cooling water at a daily average flow not to exceed 15 million gallons per day via Outfall 001; and stormwater on an intermittent and flow variable basis via Outfalls 002, 003, 004, 005, and 006. The applicant operates the Sabine River Works, an organic and inorganic petrochemical manufacturing plant. The plant site is located on FM Road 1006 approximately 3 miles southwest of the City of Orange, Orange County, Texas.

Issue Amendment, RM/JB. All Commissioners Agree

Rules

Item 36.   Docket No. 97-1007-RUL. Consideration for adoption of an amendment to 30 TAC Chapter 331, Section 331.63, concerning Operating Requirements for certain underground injection wells. If approved, the amendment would adopt a notification requirement which reflects a federal underground injection control standard. The proposal was published in the September 12, 1997, issue of the Texas Register (22 TexReg 9227). (Devane Clarke) (Rule Log No. 97168-331-WS).

Adopt Amendment, RM/BM. All Commissioners Agree

Item 37.   Docket No. 97-0952-RUL. Consideration for publication of a proposed amendment to 30 TAC Chapter 330, Subchapter A, Section 330.2, concerning Definitions. The proposed amendment would change the definition of "medical waste" to incorporate changes made by House Bill 1644, 74th Legislature, to include special waste from health care-related facilities and exclude medical wastes produced on certain farmlands, ranchlands, and by House Bill 956, 75th Legislature, to exclude artificial, nonhuman materials removed from a patient and requested by the patient. (Hector Mendieta) (Rule Log No. 97162-330-WS).

Approve Publication of proposed amendment, RM/BM. All Commissioners Agree

Item 38.   Docket No. 97-1501-RUL. Consideration for adoption of amendments to 30 TAC Chapter 335, Subchapter A, Sections 335.6, 335.9, and 335.15, concerning Industrial Solid Waste and Municipal Hazardous Waste in General. If approved, the amendments would mandate that Large Quantity Generators and Receivers use electronic software provided by the executive director for the submittal of notification and reporting data. The amendments would streamline notification and reporting procedures, increasing the accuracy and timeliness of the Annual Waste Summary, Monthly Waste Receipt Summary, and Notice of Registration data through built-in checks in the electronic software. The amendments would also shorten the waiting period between notification of intent to recycle and commencement of recycling activities. Changes were also made to conform unmanifested hazardous waste reporting with federal regulations. The proposal was published in the July 22, 1997, issue of the Texas Register (22 TexReg 6839). (Ray Pizarro) (Rule Log No. 97102-335-WS).

Adopt Amendments, with changes as recommended by Commissioners, RM/BM. All Commissioners Agree

EXECUTIVE SESSION

Item 39.   Docket No. 97-1045-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. 97-1046-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

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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, November 19, 1997

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.
Room 201S, Bldg E.
12100 Park 35 Circle



Item 41.   Docket No. 97-1061-RES. The Commission will consider a resolution concerning the General Counsel’s authority to manage the Commission’s public meetings. The resolution would authorize the General Counsel to grant a request by the Executive Director to remand an item to the Executive Director for further evaluation.

Adopt Resolution, RM/JB. All Commissioners Agree

AGENDA

Wednesday, November 19, 1997

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

1:00 p.m.
Room 201S, Bldg E.
12100 Park 35 Circle



Item 1.   TNRCC Docket No. 97-0796-AIR; SOAH Docket No. 582-97-1515. Consideration of Administrative Law Judge's proposal for decision and order concerning the application of Sterling Chemicals, Inc. for an emergency order to authorize construction of a nickel carbonyl removal system in Galveston County, Texas. Recommendation: Issuance of permit. (ALJ B. Ehret)

Adopt Proposal for Decision and Issue Order with changes, JB/RM. All Commissioners Agree

SECOND ADDENDUM TO AGENDA

Wednesday, November 19, 1997

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

1:00 p.m.
Room 201S, Bldg E.
12100 Park 35 Circle


Item 2.   Docket No. 97-0645-AGR. Application by Dean Paul Farms for a major amendment to Air and Water Quality Permit-By-Rule No. 03875 (“Dean Paul Site No. 1"). The application by Dean Paul Farms seeks authorization, pursuant to Subchapter K of Chapter 321 of TNRCC rules, to increase the capacity of a swine facility from a maximum of 7,680 head to a maximum of 9,600 head. The facility is located in Ochiltree County. The Commission’s order was mailed to interested persons on September 3, 1997. The Commission will consider the motion for rehearing filed by ACCORD Agriculture, Inc. (Robert Martinez)

Deny the Motion for Rehearing say for the clarification with respect to the withdraw the four individuals request for a takings hearing before SOAH, BM/RM. All Commissioners Agree

Item 3.   Docket No. 97-0646-AGR. Application by Dean Paul Farms for a major amendment to Air and Water Quality Permit-By-Rule No. 03878 (“Dean Paul Site No. 2"). The application by Dean Paul Farms seeks authorization, pursuant to Subchapter K of Chapter 321 of TNRCC rules, to increase the capacity of a swine facility from a maximum of 7,680 head to a maximum of 9,600 head. The facility is located in Ochiltree County. The Commission’s order was mailed to interested persons on September 3, 1997. The Commission will consider the motion for rehearing filed by ACCORD Agriculture, Inc. (Robert Martinez)

Grant Motion for Rehearing to remand to Executive Director with instructions to staff from the Commissioners, BM/JB. All Commissioners Agree

OLD BUSINESS AGENDA

Wednesday, November 19, 1997

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.
Room 201S, Bldg E.
12100 Park 35 Circle



Item carried forward from Agenda of November 5, 1997.

Item 1.   Docket No. 97-0929-MWD. CITY OF GRAPEVINE for an amendment of Permit No. 10486-002 to authorize an increase in the discharge volume of treated domestic wastewater effluent. The proposed amendment would authorize an increase in volume from a volume not to exceed an average daily flow of 3.75 million gallons per day (MGD) to a volume not to exceed an average daily flow of 5.75 MGD. the City of Grapevine requests a variance from the buffer zone requirement for property within the 150 foot buffer zone which is not owned by the City under options 309.13(e)(A) and (B). The plant site is located immediately northwest of the intersection of North Scribner and Shady Brook Road in Grapevine in Tarrant County, Texas. The Commission will consider the application and the hearing requests that have been filed on the application.

Grant Hearing Request of District and Remand to State Office Administrative Hearings, JB/RM. All Commissioners Agree

Item carried forward from Agenda of November 5, 1997.

Item 2.   Docket No. 97-0986-CON. Consideration of authorizing the Executive Director to amend Contract No. 0800000007 with IT/Davy Joint Venture resolving two outstanding claims for certain work performed at the Sikes Disposal Pits Superfund Site near Crosby, in Harris County, Texas (Barbara Boulware-Wells/Jim Sher)

Approve Contract Amendment, RM/BM. All Commissioners Agree