AGENDA

Thursday, September 10, 1998

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

8:30 a.m.

Room 201S, Bldg E.

12100 Park 35 Circle

Item 1. Docket No. 98-1032-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.
Item 2. Docket No. 98-1034-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.
THE COMMISSION WILL NOT HOLD AN 8:30 AGENDA


OLD BUSINESS AGENDA

Thursday, September 10, 1998

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.

Room 201S, Bldg E.

12100 Park 35 Circle

Item carried forward from Agenda of August 19, 1998.
Item 1. Docket No. 98-0679-MWD. Request by CITY OF LA COSTE for a renewal of Permit No. 10889-001 to authorize a discharge of treated domestic wastewater effluent at a volume not to exceed a daily average flow of 0.20 million gallons per day. The plant site is located at the easterly city limits of the City of La Coste, approximately 0.5 mile east-southeast of the intersection of Farm-to-Market Road 471 and Farm-to-Market Road 2790, 0.30 mile due south of the Southern Pacific Railroad in Medina County, Texas. The Commission will consider the application and the hearing requests that have been filed on the application. (Louis Herrin/Margaret Hoffman)
Deny Hearing Request and Issue Permit, RM/BM. All Commissioners Agree
Item carried forward from Agenda of August 26, 1998.
Item 2. Docket No. 98-0767-RUL. Consideration for publication of, and hearing upon, proposed new 30 TAC Chapter 116, Subchapter B, Section 116.135, concerning Public Notice Requirements for Concrete Batch Plants and Subchapter F, Section 116.622, concerning Concrete Batch Plants, an amendment to 30 TAC Chapter 116, Subchapter F, Section 116.614, concerning Standard Permit Fees, and the repeal of 30 TAC Chapter 106, Subchapter H, Section 106.201, concerning Permanent and Temporary Concrete Batch Plants, Section 106.202, concerning Temporary Concrete Batch Plants, and Section 106.203, concerning Specialty Batch Plants. If approved, the proposed new sections, amendments, and repeals will create a standard permit for all new concrete batch plants and consolidate existing regulations concerning concrete batch plants within that standard permit. (Beecher Cameron) (Rule Log No. 98005-116-AI)
Continued to October 21, 1998


MCBEE
MARQUEZ
BAKER

AGENDA

Thursday, September 10, 1998

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.

Room 201S, Bldg E.

12100 Park 35 Circle

DISTRICT MATTER
Item 1. Docket No. 97-1131-DIS. Consideration of an Order declaring the results of an election held on August 8, 1998, on the question of annexing the CITY OF ALLEN to the North Texas Municipal Water District in Collin County, Texas. (Maria Sanchez/Diego Abrego)
Approve Order, BM/JB. All Commissioners Agree
INDUSTRIAL HAZARDOUS WASTE ENFORCEMENT AGREED ORDERS
Item 2. Docket No. 95-0462-IHW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Ethyl Corporation in Pasadena County; TNRCC ID No. 30465; for industrial and hazardous waste violations pursuant to the Texas Solid Waste Disposal Act, Chapter 361 of the Texas Health & Safety Code, and the rules of the Texas Natural Resource Conservation Commission. (Lisa Uselton Dyar)
Issue Agreed Order, RM/JB. All Commissioners Agree
AIR ENFORCEMENT AGREED ORDERS
Item 3. Docket No. 98-0180-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Mr. Francisco Orozco dba Guanajuato Auto Sales in Dallas County; Account No. DB-4659-C; 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 4. Docket No. 98-0253-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Texas Plasticote, a subsidiary of Pipeline Seal & Insulator, Incorporated in Harris County; Account No. HX-1472-R; for air quality violations pursuant to the Texas Water Code, the Texas Health and Safety Code, and the rules of the Texas Natural Resource Conservation Commission. (Sheila Smith)
Issue Agreed Order, RM/BM. All Commissioners Agree
Item 5. Docket No. 97-1074-AIR-E. Consideration of an Agreed Order assessing administrative penalties of DSI Transports, Incorporated in Jefferson County; Account No. JE-0013-X; 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 6. Docket No. 98-0135-AIR-E. Consideration of an Agreed Order assessing administrative penalties of Amoco Pipeline Company in Harris County; Account Number HX-1680-I; for air quality violations pursuant to the Texas Water Code, 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
AIR ENFORCEMENT DEFAULT ORDER
Item 7. Docket No. 97-1146-AIR-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Marshall Kline dba Turn Key Trailers in Collin County; TNRCC ID No. CP-0357-J; for air quality 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. (Bill Jang)
Issue Default Order, BM/JB. All Commissioners Agree
DESIGNATION OF SINGLE PROPERTY
Item 8. Docket No. 98-0955-AIR. Consideration of a Petition and Proposed Order regarding Designation of Single Property, pursuant to 30 TAC Section 101.2(b), concerning Multiple Air Contaminant Sources or Properties, submitted by ROHM & HAAS COMPANY and ROHMAX USA, Harris 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. (Maria Sanchez, Ed Dietz)
Approve Petition Regarding Designation of Single Property, RM/JB. All Commissioners Agree
PETROLEUM STORAGE TANK ENFORCEMENT AGREED ORDERS
Item 9. Docket No. 96-1598-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Arturo Arredando dba Art's Conoco in Bexar County; TNRCC ID No. 55665;for petroleum storage tank violations pursuant to Chapter 26 of the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Hodgson Eckel)
Issue Agreed Order, JB/RM. All Commissioners Agree
Item 10. Docket No. 97-0909-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of R.C. McBryde Oil Company in Kimble County; FacilIty ID 001620; for petroleum storage tank violations pursuant to Texas Water Code, Chapter 26, and the rules of the Texas Natural Resource Conservation Commission. (Randy Norwood)
Issue Agreed Order, JB/RM. All Commissioners Agree
Item 11. Docket No. 98-0279-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Chevron USA Products Company in Harris County; PST Facility ID No. 0050102; for petroleum storage tank 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. (Jason Ybarra)
Issue Agreed Order, JB/RM. All Commissioners Agree
PUBLIC WATER SUPPLY DEFAULT ORDER
Item 12. Docket No. 97-0889-PWS-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Linda Daniels dba Sandy Creek Marina in Polk County;TNRCC ID No. 1870087; 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. (Bill Jang)
Remand to Executive Director
AGRICULTURAL ENFORCEMENT AGREED ORDER
Item 13. Docket No. 96-1972-AGR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Garland Paul Bourg, Sr. and Sue Ann Bourg, doing business as Circle G Dairy and Bourg Dairy in Johnson County; Prior Permit No. 03327; 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. (Mary R. Risner)
Issue Agreed Order, JB/BM. All Commissioners Agree
MUNICIPAL SOLID WASTE ENFORCEMENT DEFAULT ORDER
Item 14. Docket No. 97-1167-MSW-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Ed Bullion in Jefferson County; TNRCC ID No. None; for municipal solid waste violations pursuant to the Texas Solid Waste Disposal Act, Chapter 361 of the Texas Health & Safety Code, and the rules of the Texas Natural Resource Conservation Commission. (Ali Abazari)
Issue Default Order, JB/RM. All Commissioners Agree
MUNICIPAL WASTE DISCHARGE ENFORCEMENT AGREED ORDERS
Item 15. Docket No. 98-0114-MWD-E. Consideration of an Agreed Order assessing administrative penalties of the City of West Tawakoni in Hunt County; Water Quality Permit No. 11331-001; for water quality violations pursuant to the Texas Water Code, Chapter 26, and the rules of the Texas Natural Resource Conservation Commission. (Karen Berryman)
Continued to September 23, 1998
Item 16. Docket No. 97-1113-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Goree in Knox County; Permit No. 10102-001; 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, JB/RM. Commissioner Marquez withdrew his second and Chairman McBee recommended denial of order and Remand to Executive Director, BM/RM. Baker Voted No.
Item 17. Docket No. 98-0887-RUL. Consideration for publication of, and hearing upon, a proposed new 30 TAC Chapter 37, Subchapter M, Sections 37.3001, 37.3002 and 37.3011, concerning Financial Assurance for Public Drinking Water Systems and Utilities, a proposed amendment to 30 TAC Subchapter A, Section 80.3, concerning Judges, proposed amendments to 30 TAC Chapter 290, concerning Public Drinking Water, proposed amendments to 30 TAC Chapter 291, concerning Water Rates, the proposed repeal of 30 TAC Chapter 291, Section 291.15 concerning Jurisdiction of Municipality: Surrender of Jurisdiction and Section 291.16, concerning Applicability of Commission Service Rules within the Corporate Limits of a Municipality, and a proposed new 30 TAC Chapter 291, Sections 291.34, 291.140, 291.144, 291.150-291.153, concerning Utility Regulation. The proposed rules would implement S.B. 1, Article 6, 75th Legislature 1997, streamline existing rules, and clarify the intent of existing rules. In addition, this proposed action constitutes the commission's review of the rules contained in 30 TAC Chapter 290, Subchapters D-G, concerning Public Water Systems, and 30 TAC Chapter 291, concerning Utility Regulation, in accordance with the General Appropriations Act, Article IX, Rider 167, 75th Legislature, 1997. (Wayne Wiley) (Rule Log No. 97148-291-WT)
See Item 23
Item 18. Docket No. 98-0812-RUL. Consideration for publication of and hearing on proposed amendments to 30 TAC Chapter 50, concerning Purpose and Applicability; 30 TAC Chapter 288, concerning Water Conservation Plans, Guidelines, and Requirements; 30 TAC Chapter 293, concerning Water Districts; 30 TAC 294, concerning Underground Water Management Areas; 30 TAC Chapter 295, concerning Water Rights, Procedural; and 30 TAC Chapter 297, concerning Water Rights, Substantive. The proposed amendments would incorporate changes made to the Texas Water Code by Senate Bill 1 (1997) as well as earlier rulemaking efforts initiated at the time of the development and completion of the regulatory guidance document (RG-141, June 1995) for water rights applications. In addition, these proposed actions constitutes the commission's review of rules contained in 30 TAC Chapters 288, 294, 295 and 297, in accordance with the General Appropriations Act, Article IX, Rider 167, 75th Legislature, 1997. (James Kowis) (Rule Log No. 97146-297-WT)
Go forth with publication and hearing with recommendations from Commissioners, BM/JB. All Agree
Item 19. Docket No. 98-0994-RUL. Consideration for publication of, and hearing upon, proposed amendments to 30 TAC Chapter 330, Subchapter A, Section 330.4, concerning Permit Required; and proposed amendments to 30 TAC Chapter 330, Subchapter E, Section 330.65, concerning Registration for Solid Waste Management Facilities. The amendments will clarify registration authorization requirements for municipal solid waste transfer stations, prohibit construction of transfer stations prior to authorization, and modify transfer station odor control criteria. (Wayne Lee) (Rule Log No. 98010-330-WS)
Remand to Executive Director
Item 20. Docket No. 97-1181-RUL. Consideration for adoption of amendments to 30 TAC Chapter 213, Subchapter A: Edwards Aquifer in Medina, Bexar, Comal, Kinney, Uvalde, Hays, Travis, and Williamson Counties and proposed new 30 TAC Chapter 213, Subchapter B, 213.20 through 213.28, concerning the Contributing Zone to the Edwards Aquifer in Medina, Bexar, Comal, Kinney, Uvalde, Hays, Travis and Williamson Counties. The amendments and new subchapter would regulate activities having the potential for polluting the Edwards Aquifer and hydrologically connected surface water by expanding the scope of regulated activities to the contributing zone of the aquifer and providing for design standards for all best management practices and measures. In addition, this adopted action constitutes the commission's review of the rules contained in 30 TAC Chapter 213, concerning the Edwards Aquifer, in accordance with the General Appropriations Act, Article IX, Rider 167, 75th Legislature, 1997. The proposal was published in the March 27, 1998 issue of the Texas Register (23 TexReg 3192). (Mary Ambrose) (Rule Log No. 97105-213-WT).
Continued to September 23, 1998
EXECUTIVE SESSION
Item 21. Docket No. 98-1035-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 22. Docket No. 98-1036-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

Thursday, September 10, 1998

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.

Room 201S, Bldg E.

12100 Park 35 Circle

Item 23. Docket No. 98-0887-RUL. Consideration for publication of, and hearing upon, a proposed new 30 TAC Chapter 37, Subchapter O, Sections 37.5001, 37.5002 and 37.5011, concerning Financial Assurance for Public Drinking Water Systems and Utilities, a proposed amendment to 30 TAC Subchapter A, Section 80.3, concerning Judges, proposed amendments to 30 TAC Chapter 290, concerning Public Drinking Water, proposed amendments to 30 TAC Chapter 291, concerning Water Rates, the proposed repeal of 30 TAC Chapter 291, Section 291.15 concerning Jurisdiction of Municipality : Surrender of Jurisdiction and Section 291.16, concerning Applicability of Commission Service Rules within the Corporate Limits of a Municipality, and a proposed new 30 TAC Chapter 291, Sections 291.34, 291.140, 291.144, 291.150-291.153, concerning Utility Regulation. The proposed rules would implement S.B. 1, Article 6, 75th Legislature 1997, streamline existing rules, and clarify the intent of existing rules. In addition, this proposed action constitutes the commission's review of the rules contained in 30 TAC Chapter 290, Subchapters D-G, concerning Public Water Systems, and 30 TAC Chapter 291, concerning Utility Regulation, in accordance with the General Appropriations Act, Article IX, Rider 167, 75th Legislature, 1997. (Wayne Wiley) (Rule Log No. 97148-291-WT)
Go forth with publication and hearing, with changes as recommended, BM/JB. All Commissioners Agree


AGENDA

Thursday, September 10, 1998

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

1:00 p.m.

Room 201S, Bldg E

12100 Park 35 Circle

Item 1. TNRCC Docket No. 96-1739-OSI-E; SOAH Docket No. 582-98-0126. Consideration of Administrative Law Judge's Proposal for Decision and Order against Kurt Davis for alleged violations of on-site sewage facility (OSSF) Certificate No. 1213, in Waco, McLennan County, Texas.
Adopt ALJ's Proposal for Decision and Order with changes as noted by ALJ and Executive Director's Staff. All Commissioners Agree