AGENDA

Wednesday, July 15, 1998

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

8:30 a.m.

Room 201S, Bldg E.

12100 Park 35 Circle

Item 1. Docket No. 98-0638-EXE. The Commission will meet in closed session to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of the Commission's Executive Director, 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, Chapter 551 of the Government Code.
No Action Taken
Item 2. Docket No. 98-0808-EXE. The Commission will meet in closed session to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of the Commission's Deputy Director for Administrative Services 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 the matter as required by Section 551.102 of the Texas Open Meetings Act, Chapter 551 of the Government Code.
No Action Taken
Item 3. Docket No. 98-0809-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


OLD BUSINESS AGENDA

Wednesday, July 15, 1998

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.

Room 201S, Bldg E.

12100 Park 35 Circle

Item carried forward from Agenda of June 3, 1998.
Item 1. Docket No. 97-0576-MSW-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Gibson Recycling, Inc. in Cass County; TNRCC ID No. 79500; for municipal solid waste violations pursuant to Chapter 361 of the Texas Health & Safety Code, Chapter 26 of the Texas Water Code, and the rules of the Texas Natural Resource Conservation Commission. (Tracy L. Harrison)
Issue Default Order, JB/RM. All Commissioners Agree


CONTESTED AGENDA

Wednesday, July 15, 1998

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 A.M.

Bldg E. Room 201S

12100 Park 35 Circle

(Hearing Request)
Item 1. Docket No. 98-0609-AIR. RUF-NEK BUILDING COMPANY INC. for Air Quality Permit No. 35880 to construct a Portable Communications Shelters Manufacturing Facility. The proposed facility is 3/4 of a mile west of I-35W on FM 407 in Justin, Denton County, Texas. The Commission will consider the application and the hearing requests filed on the application. (Kerry Rowland/Lourdes Gomez)
Remand to Executive Director
(District Matters)
Item 2. Docket Number 98-0091-DIS. Consideration of a Proposed Order Approving the Petition of a Landowner for Dissolution of Harris County Municipal Utility District No. 246. The Petitioner requests that the Commission dissolve the district pursuant to V.T.C.A., Water Code Section 49.321-49.327. (TNRCC Internal Control No. 012298-D03, Cindy Cartwright)
Approve Petition, RM/BM. All Commissioners Agree
Item 3. Docket No. 98-0339-DIS. Consideration of a Proposed Order Approving the Petition of a Landowner for Dissolution of West Travis County Municipal Utility District No. 4. The Petitioner requests that the Commission dissolve the district pursuant to V.T.C.A., Water Code Section 49.321-49.327. (TNRCC Internal Control No. 012998-D01; Cindy Cartwright)
Approve Petition, BM/JB. All Commissioners Agree
(Superfunds)
Item 4. Docket No. 98-0715-SFF. Consideration of an agreed administrative order acknowledging that Exide Corporation remediated the Wortham Lead Salvage State Superfund Site in a manner approved by the Executive Director and memorializing Exide's Agreement to pay the state $185,027.75 in past contractual costs. (David Cooney, Trey Collins)
See Item #32
Item 5. Docket No. 98-0611-SPF. Consideration of an order pursuant to $361.191 of the Texas Health and Safety Code authorizing the Executive Director to spend up to $2,000,000 from the Hazardous Waste Disposal fee fund to institute an immediate removal action of lead contamination soils from the many diversified interests, Inc. (MDI) residential area in Houston, Harris County, Texas. (Lara Nehman, Daniel Benson)
See Item #33
(Air Enforcement Agreed Orders)
Item 6. Docket No. 97-1052-AIR-E. Consideration of an Agreed Order assessing administrative penalties of Smith Farms, Incorporated in Fayette County; Account No. FC-0024-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. (Tel Croston)
Issue Agreed Order, RM/BM. All Commissioners Agree
Item 7. Docket No. 97-1144-AIR-E. Consideration of an Agreed Order assessing administrative penalties of Gulf Chemical and Metallurgical Corporation in Brazoria County; Account No. BL-0029-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.
Issue Agreed Order, RM/BM. All Commissioners Agree
Item 8. Docket No. 98-0357-AIR-E. Consideration of an Agreed Order assessing administrative penalties of Glossop Gas Company, L.C. in Pecos County; Account No. PE-0046-G; 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. (Kevin Cauble)
Issue Agreed Order, RM/BM. All Commissioners Agree
Item 9. Docket No. 97-1031-AIR-E. Consideration of an Agreed Order assessing administrative penalties of Aristech Chemical Corporation in Harris County; Account No. HG-1249-P; 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. (Tel Croston)
Issue Agreed Order, RM/BM. All Commissioners Agree
Item 10. Docket No. 97-0821-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Shell Pipe Line Corporation in El Paso County;TNRCC ID No. EE-0077-I;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. (Lisa Uselton Dyar)
Issue Agreed Order, RM/BM. All Commissioners Agree
Item 11. Docket No. 98-0088-AIR-E. Consideration of an Agreed Order assessing administrative penalties of Sherman Foundry Company, Incorporated in Grayson County; Account No. GI-0058-D; 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. (Tel Croston)
Remand to Executive Director
(Municipal Waste Discharge Enforcement Agreed Orders)
Item 12. Docket No. 97-0913-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of La Grange in Fayette County; Permit No. 10019-001; for water quality violations pursuant to the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Brian Lehmkuhle)
Issue Agreed Order, RM/JB. All Commissioners Agree
Item 13. Docket No. 98-0057-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Robert and Elizabeth Allin in Montgomery County; Water Quality Permit No. 13601-001; for water quality violations pursuant to the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Laurie Eaves)
Issue Agreed Order, RM/JB. All Commissioners Agree
Item 14. Docket No. 98-0271-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Triton Tool and Supply, Inc. in Harris County; Water Quality Permit No. 12466-001; for water quality violations pursuant to the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Brian Lehmkuhle)
Issue Agreed Order, RM/JB. All Commissioners Agree
(Public Water Supply Enforcement Agreed Orders)
Item 15. Docket No. 96-1461-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Jowell Bailey dba Bailey's Lake Store in Stephens County; TNRCC ID No. 2150022; 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. (John Peeler)
Issue Agreed Order, RM/BM. All Commissioners Agree
Item 16. Docket No. 97-0386-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Roy Cryer dba Big Bass RV Park in Wood County;TNRCC ID No. 2500055;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. (John Peeler)
Issue Agreed Order, RM/BM. All Commissioners Agree
Item 17. Docket No. 97-0387-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Evelyn Jordan dba Jordan Aire Water System in Harris County;TNRCC ID No. 1010660; 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. (John Peeler)
Issue Agreed Order, RM/BM. All Commissioners Agree
(Agricultural Enforcement Agreed Order)
Item 18. Docket No. 96-1623-AGR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Janet Slegers dba Aspen Dairy in Erath County; TNRCC ID No. 03301; for dairy operation water quality violations pursuant to Chapter 26 of the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Robin Houston)
Issue Agreed Order, RM/JB. All Commissioners Agree
(Petroleum Storage Tank Enforcement Agreed Orders)
Item 19. Docket No. 96-0631-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Anita Mayer in Travis County; TNRCC ID No. 573; for petroleum storage tank violations pursuant to Chapter 26 of the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Cecily Small Gooch)
Issue Agreed Order, BM/RM. All Commissioners Agree
Item 20. Docket No. 97-1141-PST-E. Consideration of an Agreed Order assessing administrative penalties of Adrian Wheat Growers, Inc. in Oldham County; Facility ID No. 102; for petroleum storage tank violations pursuant to the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Kellie Prescott)
Issue Agreed Order, RM/JB. All Commissioners Agree
(Contract)
Item 21. Docket No. 98-0772-CON. Consideration of authorizing the Executive Director or his designee to enter into an Interagency Agreement between the TNRCC and the Houston-Galveston Area Council to provide for implementation of the Clean Rivers Program in the San Jacinto River Basin and associated Coastal Basins and to provide for payment of services to be rendered during the period September 1, 1977 to August 31, 1999 (Linda Brookins)
Authorize Executive Director to Enter into Interagency Agreement with change, JB/BM. All Commissioners Agree
(Municipal Solid Waste Enforcement Agreed Orders)
Item 22. Docket No. 97-1121-MSW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of City of Graham in Young County; MSW Unauthorized Transfer Station No. 455030027; for municipal solid waste violations pursuant to the Texas Solid Waste Disposal Act, Texas Health and Safety Code, Chapter 361 and Texas Water Code, Chapter 26, and the rules of the Texas Natural Resource Conservation Commission. (John Mead)
Issue Agreed Order, RM/JB. All Commissioners Agree
Item 23. Docket No. 97-1035-MSW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Chambers County in Chambers County; MSW facility ID No. 2710; for floodplain location restriction violations, filling above the permitted final contour elevations violations, and ground-water and surface water protection plan and drainage plan violations pursuant to the Texas Health and Safety Code, Chapter 361, Texas Water Code Chapter 26 and the rules of the Texas Natural Resource Conservation Commission. (Seyed Miri)
Continued by General Counsel, July 29, 1998
(Rules)
Item 24. Docket No. 98-0578-RUL. Consideration for publication of proposed amendment to 30 TAC Chapter 303, Subchapter D, Section 303.32, concerning Enforcement Actions, new Section 303.35, concerning Field Citation by Watermaster; amendments to 30 TAC Chapter 304, Section 304.33, concerning Enforcement Actions, and new Section 304.34, concerning Field Citation by Watermaster. If approved, the proposed amended sections and new sections would address field citation authority provisions of Senate Bill 1, 75th Legislature, regarding the watermaster programs. (John Sadlier) (Rule Log No. 97147-304-WT)
Continued to August 19, 1998
Item 25. Docket No. 98-0006-RUL. Consideration for adoption of amendments to 30 TAC Chapter 106, Section 106.351, concerning Salt Water Disposal, Section 106.435, concerning Classic or Antique Automobile Restoration Facility, and Section 106.477, concerning Anhydrous Ammonia Storage; new Section 106.226, concerning Paints, Varnishes, Ink, and Other Coating Manufacturing, and new Section 106.375, concerning Aqueous Solutions for Electrolytic and Electroless Processes; and the repeal of the existing Sections 106.226 and 106.375. If adopted, the amendment to Section 106.351 would require registration of specified facilities, the amendment to Section 106.477 would clarify to what types of ammonia tanks the restrictions in the section apply, and the new Sections 106.226 and 106.375 would contain new conditions that are more protective of human health and be reorganized for easier use. The amendment to Section 106.435 is administrative. The proposal was published in the February 20, 1998, issue of the Texas Register (23 TexReg 1508). (Beecher Cameron) (Rule Log No. 97180-106-AI).
Approve adoption of Rules with corrections as Recommended by Staff, RM/BM. All Agree
Item 26. Docket No. 98-0730-RUL. Consideration for publication of proposed amendments to 30 TAC Chapter 330, Subchapter P, Section 330.602, concerning Fees, and Section 330.603, concerning Reports. The amendments would clarify the method of reporting waste received for disposal or processing at a landfill or processing facility as a basis for accurately calculating the amount of waste disposal fees owed. The proposal would also delete Section 330.602(a)(8) pertaining to an expired provisions relating to a reduction in solid waste disposal fees for landfills that beneficially use tire shreds. (Hector Mendieta) (Rule Log No. 97185-330-WS).
Continued to July 29, 1998 and then continued to August 19, 1998
EXECUTIVE SESSION
Item 27. Docket No. 98-0778-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 28. Docket No. 98-0779-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 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, July 15, 1998

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.

Room 201S, Bldg E.

12100 Park 35 Circle

Item 29. Docket No. 98-0566-CON. Consideration of authorizing the Executive Director to amend Contract No. 6500000033, with AES-Regulatory Services, Inc. for regulatory oversight of Leaking Petroleum Storage Tank cases for the PST Responsible Party Remediation Section of the Remediation Division and authorizing the contract expenditure of an additional $1,500,000.00 which would raise the total contract amount to $6,000,000.00. The amendment would extend the term of the contract to April 11, 1999. (Katharine Marvin/Elaine Adams)
Approve authorization for Executive Director to amend contract, RM/JB. All Commissioners Agree


SECOND ADDENDUM TO AGENDA

Wednesday, July 15, 1998

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.

Room 201S, Bldg E.

12100 Park 35 Circle

Item 30. Docket No. 98-0775-PWS. Consideration whether to modify, affirm, or set aside an EMERGENCY ORDER issued to Aqua Water Supply Corporation on July 1, 1998, to provide temporary emergency interconnection for the provision of continuous and adequate water service to Clyde E. Clardy dba Bastrop West Water Company in Bastrop County; PWS No. 0110047; pursuant to Chapter 341 of the Texas Health and Safety Code, Chapter 13 of the Texas Water Code, and the rules of the Texas Natural Resource Conservation Commission.
Affirm Order, JB/RM. All Commissioners Agree


THIRD ADDENDUM TO AGENDA

Wednesday, July 15, 1998

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.

Room 201S, Bldg E.

12100 Park 35 Circle

Item 31. Docket No. 98-0810-EXE. The Commission will meet in closed session to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of the Commission's Chief Clerk 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, Chapter 551 of the Government Code.
No Action Taken


FOURTH ADDENDUM TO AGENDA

Wednesday, July 15, 1998

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.

Room 201S, Bldg E.

12100 Park 35 Circle

Item 32. Docket No. 98-0715-SPF. Consideration of an agreed administrative order acknowledging that Exide Corporation remediated the Wortham Lead Salvage State Superfund Site midway between Eustice and Mabank, in the northeast portion of Henderson County, Texas, in a manner approved by the Executive Director and memorializing Exide's agreement to pay the state $185,027.75 in past contractual costs. (David Cooney, Trey Collins)
Continued to July 29, 1998


FIFTH ADDENDUM TO AGENDA

Wednesday, July 15, 1998

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.

Room 201S, Bldg E.

12100 Park 35 Circle

Item 33. Docket No. 98-0611-SPF. Consideration of an order pursuant to 361.191 of the Texas Health and Safety Code authorizing the Executive Director to spend up to $2,000,000 from the Hazardous Waste Disposal fee fund to institute an immediate removal action to remove lead contaminated soils from the many diversified interests, Inc. (MDI) residential area in Houston, Harris County, Texas, and a resolution authorizing the Executive Director or his designee to enter into one or more contracts for this purpose. (Lara Nehman, Daniel Benson)
Approve Order and resolution as recommended by staff, RM/BM. All Commissioners Agree


AGENDA

Wednesday, July 15, 1998

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

1:00 p.m.

Room 201S, Bldg E.

12100 Park 35 Circle

Item 1. TNRCC Docket No. 97-0367-IHW-E; SOAH Docket No. 582-97-2124. Consideration of Administrative Law Judge's proposal for Decision and Order concerning the Executive Director's Preliminary Enforcement Report and Petition against Wright Oil Co. alleging violations of 30 TAC 335.4 and Section 26.121 of the Texas Water Code by spills, deposits and seeps of petroleum product in five areas throughout its facility in San Antonio, Bexar County, Texas. Recommendation: The Administrative Law Judge recommends that the Commission adopt the Findings of Fact and Conclusions of Law in the attached proposed Order assessing an administrative penalty of $43,120 against and requiring certain corrective actions by Wright Oil.
Adopt Proposal for Decision and Issue Order with changes, JB/RM. All Commissioners Agree
Item 2. Docket No. 98-0392-ISW. Consideration of the Motion for Rehearing filed by TSP Development, Limited with regard to the Commission's order issued June 1, 1998 concerning the application of TSP Development, Limited for solid waste Permit No. SW-39097. Permit No. SW-39097, if approved, would authorize a nonhazardous industrial solid waste disposal facility to be located in Baytown Industrial District No. 3, outside the City of Baytown, Chambers County.
Deny Motion for Rehearing, RM/BM. All Commissioners Agree