AGENDA

Wednesday, July 28, 1999

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

8:30 a.m.

Room 201S, Bldg E.

12100 Park 35 Circle

Item 1. Docket No. 1998-1154-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. 1999-0024-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 3. Docket No. 1999-0025-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. 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


HUSTON
MARQUEZ
BAKER

AGENDA

Wednesday, July 28, 1999

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.

Room 201S, Bldg E.

12100 Park 35 Circle

Hearing Requests
Item 1. Docket No. 1999-0766-IWD. Consideration of permit application no. 03806, submitted by VULCAN MATERIALS COMPANY for a major amendment to TNRCC Permit No. 03806 to authorize the relocation of Outfalls 001 and 003. The current permit authorizes the discharge of mine pit water and storm water runoff on an intermittent basis and at flow-variable rates via Outfalls 001 and 003; and the discharge of mine pit water, storm water runoff, and process wastewater from the rock crushing operation on an intermittent basis and at flow-variable rates via Outfall 002. Issuance of this Texas Pollutant Discharge Elimination System (TPDES) permit will replace existing TNRCC Permit No. 03806 issued November 1, 1996. The applicant operates a limestone quarry and rock crushing operation. The crushing operation is located adjacent to County Road (CR) 228 approximately 1/2 mile north of the intersection of CR 228 and CR 234. The mining operation is located immediately south of the intersection of CR 228 and CR 234, near the City of Tehuacana, Limestone County, Texas. The Commission will also consider hearing requests, related responses and replies, public comment and the Executive Director's response to comments. (Stephen Ligon/Robert Martinez)
Deny Hearing request and adopt Executive Director's Response to Comments and Issue Permit, RH/RM. All Commissioners Agree
Item 2. Docket No. 1999-0767-MWD. Consideration of permit application no. 14037-001, submitted by J.H. UPTMORE AND ASSOCIATES, INC. for a new permit, Proposed Permit No. 14037-001, to authorize the disposal of treated domestic wastewater at a daily average flow not to exceed 90,000 gallons per day via irrigation of 35 acres of land. This permit will not authorize a discharge of pollutants into waters in the State. The wastewater treatment facilities and disposal site are located off of a county road known as Marion Road, approximately 2.5 miles north-northwest of the City of Marion in Guadalupe County, Texas. The Commission will also consider hearing requests, related responses and replies, public comment and the Executive Director's response to comments. (Zdenek Matl/Robert Martinez)
Grant Hearing Request, remand to Alternative Dispute Resolution Office, and if ADR fails, forward to State Office Administrative Hearings with instruction to Judge, RH/RM. All Agree
Item 3. Docket No. 1999-0765-MWD. Consideration of permit application no. 10137-008, submitted by SAN ANTONIO WATER SYSTEM for a major amendment to TNRCC Permit No. 10137-008 to authorize the addition of three new outfalls. The current permit authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 46,000,000 gallons per day. The draft permit would authorize the discharge of treated domestic wastewater at an annual average flow not to exceed 46,000,000 gallons per day. The plant site is located approximately 1.5 miles south of the intersection of Southton Road and Blue Wing Road in Bexar County. The Commission will also consider hearing requests, related responses and replies, public comment and the Executive Director's response to comments. (Mark Sullivan/Robert Martinez)
Remand to Executive Director, JB/RH. All Agree
District Matter
Item 4. Docket No. 1999-0503-DIS. Consideration of a Proposed Order Approving the Petition of a Landowner for Dissolution of Harris County Municipal Utility District No. 252. The Petitioner requests that the Commission dissolve the District pursuant to V.T.C.A., Water Code 49.321 - 49.327. (TNRCC Internal Control No. 03291999-D01; Cindy Cartwright).
Approve order for Dissolution, RH/RM. All Agree
Public Water Supply Enforcement Agreed Orders
Item 5. Docket No. 1998-1079-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Gene Thompson dba Big Bend Motor Inn in Brewster County; Public Water Supply No. 0220027; for drinking water quality violations pursuant to TEXAS HEALTH & SAFETY CODE ch. 341 and the rules of the Texas Natural Resource Conservation Commission. (Shawn Stewart)
Issue Agreed Order, RM/RH. All Agree
Item 6. Docket No. 1999-0248-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Oak Ridge Venture Inc. in Cooke County; PWS ID No. 0490021; for public water supply violations pursuant to Texas Health & Safety Code ch. 341 and Texas Water Code ch. 13 and the rules of the Texas Natural Resource Conservation Commission. (Julia McMaster)
Issue Agreed Order, RM/RH. All Agree
Item 7. Docket No. 1998-0515-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Zeke Holloway and Hill River Country Estates, Inc. in Kerr County; TNRCC ID No. 1330151; for water quality 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/RH. All Agree
Item 8. Docket No. 1998-0500-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of North Hunt Water Supply Corporation in Hunt County; TNRCC ID No. 1160039; 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/RH. All Agree
Item 9. Docket No. 1998-0521-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Jimmy Lenamond dba Big Creek West Subdivision Water System in Limestone County; Public Water System No. 1470032; for drinking water quality violations pursuant to the Texas Health & Safety Code, Chapter 341 and the rules of the Texas Natural Resource Conservation Commission. (Sandy Van Cleave)
Issue Agreed Order, RM/RH. All Agree
Item 10. Docket No. 1998-1391-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Corpus Christi in Nueces County; Public Water Supply System ID No. 1780003; for drinking water quality violations pursuant to TEX. HEALTH & SAFETY CODE ch. 341 ("the Code) and the rules of the Texas Natural Resource Conservation Commission. (John Mead)
Issue Agreed Order, RM/RH. All Agree
Item 11. Docket No. 1998-0636-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the Impact Christian Youth Camp, Inc. dba Camp of the Hills, in Burnet County; Public Water Supply No. 1270110 for drinking water quality violations pursuant to Texas Health & Safety Code Chapter 341 and the rules of the Texas Natural Resource Conservation Commission. (Subdash Jain)
Issue Agreed Order, RM/RH. All Agree
Item 12. Docket No. 1998-1450-PWS-E. Consideration of an Agreed Order assessing administrative penalties against Circle Ten Council of the Boy Scouts of America dba Camp Cherokee in Henderson County; Public Water Supply No. 1070210; for drinking water quality violations pursuant to TEXAS HEALTH & SAFETY CODE ch. 341 and the rules of the Texas Natural Resource Conservation Commission. (Shawn Stewart)
Issue Agreed Order, RH/RH. All Agree
Public Water Supply Enforcement Default Order
Item 13. Docket No. 1998-0692-PWS-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Rogelio Iberra, Doing Business as A-1 Mobil Home Park in Bexar County; TNRCC ID No. 0150204; 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. (Mary R. Risner)
Issue Default Order, RM/JB. All Agree
Petroleum Storage Tank Enforcement Agreed Orders
Item 14. Docket No. 1999-0016-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Tetco Stores, L.P. and North Dallas Petroleum, Inc. in Dallas County; PST Facility ID No. 17533; for petroleum storage tank violations pursuant to the TEX. WATER CODE chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Sushil Modak)
Issue Agreed Order, RM/RH. All Agree
Item 15. Docket No. 1998-0617-PST-E. Consideration of an Agreed Order assessing administrative penalties against Evans Systems, Incorporated in Bazoria County; TNRCC ID No. 0033606; for petroleum storage tank violations pursuant to Chapter 26 of the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (David Speaker)
Issue Agreed Order, RM/RH. All Agree
Item 16. Docket No. 1996-1421-PST-E. Consideration of an Agreed Order assessing administrative penalties against Joe Phan and Tuyet Nguyen in Harris County; TNRCC ID No. 46980; for petroleum storage tank violations pursuant to Chapter 26 of the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (David Speaker)
Issue Agreed Order, RM/RH. All Agree
Item 17. Docket No. 1998-1183-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Granite Investments, Ltd. in Wichita County; PST Facility ID 53301; for petroleum storage tank violations pursuant to TEXAS WATER CODE chs 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Randy Norwood)
Issue Agreed Order, RM/RH. All Agree
Item 18. Docket No. 1998-1256-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Karmali Holdings, Inc. dba Two Way Stop in Tarrant County; PST Facility ID. No.; for air quality and petroleum storage tank violations pursuant to the Texas Clean Air Act, Tex. Health & Safety Code ch. 382, and Tex. Water Code chs. 7 and 26, and the rules of the Texas Natural Resource Conservation Commission. (Gayle Zapalac)
Issue Agreed Order, RM/RH. All Agree
Petroleum Storage Tank Default Orders
Item 19. Docket No. 1998-0676-PST-E. Consideration of a Default Order assessing administrative penalties against Lowery Petroleum, Inc. in Cameron County; TNRCC ID No. 5008; 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 Gross)
Issue Default Order, RH/JB. All Agree
Item 20. Docket No. 1998-0942-PST-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Alyna, Inc. and Riyaz Nathoo in Harris County; TNRCC ID No. 04039; 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 Gross)
Issue Default Order, RH/JB. All Agree
Petroleum Storage Tank Shut Down Orders
Item 21. Docket No. 1999-0239-PST-E. Consideration of a Shut Down Order requiring certain action of Naushad Virani and Al Hadi, Inc. in McLennan County; TNRCC ID No. 20766; for petroleum storage tank violations pursuant to Chapter 26 of the Texas Water Code and the Rules of the Texas Natural Resource Conservation Commission. (Laura Kohansov)
Continued to August 25, 1999
Item 22. Docket No. 1999-0240-PST-E. Consideration of a Shut Down Order requiring certain actions of Naushad Virani and Al Hadi, Inc. in McLennan County; TNRCC ID No. 20784; for petroleum storage tank violations pursuant to Chapter 26 of the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Laura Kohansov)
Continued to August 25, 1999
Municipal Solid Waste Agreed Orders
Item 23. Docket No.1998-1349-MSW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of City of Conroe in Montgomery County; Municipal Solid Waste Number 81A; for municipal solid waste violations pursuant to the Texas Solid Waste Disposal Act, Texas Health & Safety Code Chapter 361 and Texas Water Code Chapter 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Gloria Stanford)
See Item #48
Item 24. Docket No. 1997-0196-MSW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Dallas in Dallas County; TNRCC ID No. 62; 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. (Tracy Harrison Gross)
Issue Agreed Order, JB/RH. All Agree
Item 25. Docket No. 1998-0946-MSW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Groveton in Trinity County; TNRCC ID No. 898 and Enforcement ID No. 12800; for municipal solid waste violations pursuant to the Texas Solid Waste Disposal Act, Chapter 361 of the Texas Health & Safety Code, Chapters 7 and 26 of the Texas Water Code, and the rules of the Texas Natural Resource Conservation Commission. (Laura Kohansov)
Issue Agreed Order, JB/RH. All Agree
Item 26. Docket No. 1998-1374-MSW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Pineland in Sabine County; MSW Registration No. 40054; for municipal solid waste violations pursuant to the Texas Solid Waste Disposal Act, TEX. HEALTH & SAFETY CODE ch. 361 ("the Act") and TEX. WATER CODE ch.7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (John Mead)
Issue Agreed Order, JB/RH. All Agree
Air Enforcement Default Order
Item 27. Docket No. 1998-0904-AIR-E. Consideration of a Default Order assessing administrative penalties against W. C. Richardson in Orange County; TNRCC ID No. OC0175K; 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. (Nathan Block)
Issue Default Order, RM/RH. All Agree
Air Enforcement Agreed Orders
Item 28. Docket No. 1999-0050-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Prewash and Pressing Services, Incorporated in El Paso County; Air Account No. EE-1515-V; for air quality violations pursuant to the Texas Clean Air Act, TEX. HEALTH & SAFETY CODE ch. 382, TEX. WATER CODE ch. 7 and the rules of the Texas Natural Resource Conservation Commission. (Carol Dye)
Issue Agreed Order, RH/RM. All Agree
Item 29. Docket No. 1998-1341-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Charles Burgin dba Kar Korral in Kerr County; Account Number KF-0073-I; for air quality violations pursuant to the Texas Clean Air Act, TEX. HEALTH & SAFETY CODE ch. 382, TEX. WATER CODE ch. 7, and the rules of the Texas Natural Resource Conservation Commission. (Patrick Casey)
Issue Agreed Order, RH/RM. All Agree
On-Site Installer Default Order
Item 30. Docket No. 1998-0202-OSI-E. Consideration of a Default Order assessing administrative penalties against John Wilson in Brazoria County; OSSF Installer Certificate No. 5410; for on-site sewage installer violations pursuant to Chapter 366 of the Texas Health & Safety Code and the rules of the Texas Natural Resource Conservation Commission. (Heather Otten)
Issue Default Order, JB/RM. All Agree
Sludge Enforcement Agreed Order
Item 31. Docket No. 1998-0495-SLG-E. Consideration of an Agreed Order assessing administrative penalties against Lonnie R. Goins dba L.R. Septic Tank Service and L.R. Plumbing in Comanche County; TNRCC ID No. 20690; for septic sewage violations pursuant to Chapter 26 of the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (David Speaker)
Issue Agreed Order, RH/RM. All Agree
Industrial Waste Discharge Enforcement Agreed Orders
Item 32. Docket No. 1999-0103-IWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Farco Mining, Inc., in Webb County; expired Water Quality Permit No. 03595; for water quality violations pursuant to Texas Water Code Chapters 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Eric Reese)
Issue Agreed Order, RM/JB. All Agree
Item 33. Docket No. 1998-1356-IWD-E. Consideration of an Agreed Order assessing administrative penalties of Phillips 66 Company in Harris County; Registration No. L-111185; for water quality violations pursuant to TEX. WATER CODE chs. 7 and 26, and the rules of the Texas Natural Resource Conservation Commission. (Craig Carson)
Issue Agreed Order, RM/JB. All Agree
Municipal Waste Discharge Enforcement Orders
Item 34. Docket No. 1998-1457-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Needville in Fort Bend County; Water Quality Permit No. 10343-001; for water quality violations pursuant to TEX. WATER CODE chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Pamela Campbell)
Issue Agreed Order, RH/JB. All Agree
Item 35. Docket No. 1998-1163-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Texas Hawaii, Ltd. in Tarrant County; No TNRCC Permit; for water quality violations pursuant to the TEX. WATER CODE chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Michael Meyer)
Issue Agreed Order, RM/JB. All Agree
Resolution
Item 36. Docket No. 1999-0891-RES. Consideration of a resolution continuing the existence of the Advisory Committee for Water Utility Operator Certification until August 31, 2001. This action will also appoint members to the Advisory Committee for Water Utility Operator Certification. (Fread Houston/Lopez)
Continued to August 11, 1999
Rules
Item 37. Docket No. 1999-0761-RUL. Consideration for publication of a proposed amendment to 30 TAC Chapter 335, Section 335.324, concerning Facility Fee Assessment. The proposed amendment will lower the annual facility fee for facilities which are both wholly unbuilt and permitted for either Class 1 industrial solid waste or hazardous waste. (Brenda Foster/Patricia Hershey) (Rule Log No. 98034-335-WS)
Continued to August 25, 1999
Item 38. Docket No. 1999-0805-RUL. The commission will consider whether to approve the publication of and hearing on proposed new 30 TAC Chapter 319, Subchapter C, concerning Public Notice of Spills or Accidental Discharges from Wastewater Facilities Owned or Operated by Local Governments. The proposed new subchapter will implement the provisions of House Bill 1074, 76th Legislature (1999), which requires the notification of appropriate local officials and local media in the event of a spill from a wastewater treatment or collection system owned or operated by a local government which may adversely affect a source of drinking water. (Pat Hooper/Jim Dodds) (Rule Log No. 99031-319-WT)
Approve Publication and Hearing, RH/RM. All Agree
Item 39. Docket No. 1998-1506-RUL. Consideration for the adoption of the rules review and readoption of 30 TAC Chapter 285, concerning On-Site Sewage Facilities. This review complies with the General Appropriations Act, Article IX, Section 167, 75th Legislature, 1997, which requires state agencies to review and consider for readoption rules adopted under the Administrative Procedure Act. The proposed notice of review was published in the January 29, 1999 edition of the Texas Register (24 TexReg 610). (Warren Samuelson) (Rule Log No. 98036-285-WT)
Adopt Rules Review and Readoption of 30 TAC Chapter 285, JB/RM. All Agree
Item 40. Docket No. 1999-0399-RUL. Consideration for adoption of amendments to 30 TAC Chapter 115, Control of Air Pollution from Volatile Organic Compounds, Subchapter F, Miscellaneous Industrial Sources, Division 1, Cutback Asphalt, Sections 115.512, 115.513, 115.515, and 115.516; new Section 115.510, Cutback Asphalt Definitions; and a revision to the State Implementation Plan regarding these amendments. If adopted, Section 115.510 will define asphalt emulsion, cutback asphalt, exempt cutback asphalt, and conventional cutback asphalt; Section 115.512 will substitute the phrase conventional cutback asphalt for the phrase cutback asphalt, change the term emulsified asphalt" to "asphalt emulsion, allow both the use and production of alternative asphalt, and change the total annual volume limit of cutback asphalt use in Nueces County from eight percent to seven percent to be consistent with other regulated areas; Section 115.513 will change the word section to division; Section 115.515 will reference American Society of Testing and Materials Test Methods D244 and D402; and Section 115.516 will reflect the definitions in Section 115.510. The proposal was published in the April 23, 1999 issue of the Texas Register (24 TexReg 3178). (Terry Leifeste) (Rule Log No. 98082-115-AI)
Approve Adoption w/changes to preamble, RH/RM. All Agree
Item 41. Docket No. 1999-0502-RUL. Consideration for adoption of the review and readoption of 30 TAC Chapter 309, concerning Domestic Wastewater Effluent Limitations and Plant Siting. The review was conducted in accordance with the General Appropriations Act, Article IX, Section 167, 75th Legislature, 1997. The proposed notice of review was published in the May 14, 1999 issue of the Texas Register (24 TexReg 3758). (Santos Olivarez) (Rule Log No. 98081-309-WT)
Approve Adoption of the reveiw and readoption of 30 TAC Chapter 309, RH/JB. All Agree
Item 42. Docket No. 1999-0501-RUL. Consideration for adoption of the review and readoption of 30 TAC Chapter 308, concerning Criteria and Standards for the National Pollutant Discharge Elimination System. The review was conducted in accordance with the General Appropriations Act, Article IX, Section 167, 75th Legislature, 1997. The proposed notice of review was published in the May 14, 1999 issue of the Texas Register (24 TexReg 3757). (Santos Olivarez) (Rule Log No. 98078-308-WT)
Approve Adoption of the review and readoption of 30 TAC Chapter 308, RH/JB. All Agree
Item 43. Docket No. 1999-0013-RUL. Consideration for adoption of the review and readoption of 30 TAC Chapter 210, concerning Use of Reclaimed Water. The review was conducted in accordance with the General Appropriations Act, Article IX, Section 167, 75th Legislature, 1997. The proposed notice of review was published in the April 9, 1999 issue of the Texas Register (24 TexReg 2956). (Santos Olivarez) (Rule Log No. 98047-210-WT)
Approve adoption of the review and readoption of 30 TAC Chapter 210, RH/RM. All Agree
Item 44. Docket No. 1999-0351-SIP. Consideration for adoption of the proposed State Implementation Plan and agreed order concerning the 1999 Collin County Redesignation and Maintenance Plan for Lead for the redesignation to attainment of that portion of Collin County currently designated as nonattainment for the National Ambient Air Quality Standard for Lead. (John Gillen) (Rule Log No. 98023-SIP-AI)
Approve Adoption of State Implementation Plan, RM/JB. All Agree
EXECUTIVE SESSION
Item 45. Docket No. 1999-0024-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 46. Docket No. 1999-0025-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. 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
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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, July 28, 1999

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.

Room 201S, Bldg E.

1200 Park 35 Circle

Item 47. Docket No. 1999-0777-IHW. SHELL OIL COMPANY (Deer Park), for a Class 3 modifications to Hazardous Waste Permit HW-50099-001 and Compliance Plan CP-50099-001 in accordance with 30 TAC 39.109 and 305.69(d). The permit authorizes the operation of a hazardous waste management facility and the compliance plan authorizes corrective action and ground-water monitoring programs. The permit modification will authorize the continued operation of an existing waste pile, currently operated under the interim status regulations for the storage and processing of hazardous, class 1 and class 2 industrial solid wastes. The compliance plan modification will authorize the incorporation of the waste pile into the Northeast Waste Management Area corrective action program, add new monitoring wells, change the point of compliance, the addition of hazardous constituents and the Ground-Water Protection Standards, administrative and information changes and revise financial assurance costs to reflect changes to the corrective action and ground-water monitoring programs. The facility if located north of State Highway 225 and approximately one mile west of State Highway 134 in Deer Park, Harris County, Texas. The Commission will consider the application and the hearing requests filed on the application. (Tina Amberboy/Vahab Haghighatian)
Deny hearing request and adopt Executive Director's recommendation concerning hearing request and grant Class 3 Modification and Compliance Plan, RM/RH. All Agree


SECOND ADDENDUM TO AGENDA

Wednesday, July 28, 1999

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.

Room 201S, Bldg E.

12100 Park 35 Circle

Item 48. Docket No.1998-1439-MSW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of City of Conroe in Montgomery County; Municipal Solid Waste Number 81A; for municipal solid waste violations pursuant to the Texas Solid Waste Disposal Act, Texas Health & Safety Code Chapter 361 and Texas Water Code Chapter 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Gloria Stanford)
Issue Agreed Order, JB/RH. All Agree


AGENDA

Wednesday, July 28, 1999

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

1:00 p.m.

Room 201S, Bldg E.

12100 Park 35 Circle

Item 1. TNRCC Docket No. 1998-0481-AIR-E; SOAH Docket No. 582-99-0148. Administrative Law Judge's Proposal for Decision and Order against Time Britten dba Jackrabbit Filters for alleged violations of the Texas Health & Safety Code Ann. 382.085(b) and 30 Tex. Admin. Code (TAC) 111.201 and 330.5(d). (RECOMMENDATION: The Administrative Law Judge recommends that the Commission adopt the Findings of Fact and Conclusions of Law set forth in the attached Default Order and assess penalty of $1,250.00 and require corrective actions).
Adopt Proposal for Decision and Issue Order, RM/JB. All Agree
Item 2. TNRCC Docket No. 1998-0862-IHW-E; SOAH Docket No. 582-99-0207. Administrative Law Judge's Proposal for Decision and Order against Raul Chavez and Audelio Uribe d/b/a Encon Environmental Services, Inc. AKA Encon Environmental Services de Mexico S.A. de C.V. for numerous alleged violations of Texas Water Code; Texas Health & Safety Code; and 30 Tex. Admin. Code. (RECOMMENDATION: The Administrative Law Judge recommends that the Commission adopt Findings of Fact and Conclusions of Law set forth in the attached Default Order assessing penalty of $69,000.00 and requiring corrective actions).
Adopt Proposal for Decision and Issue Order, accept Motion to Withdraw as attorney of record, RH/RM. All Agree
Item 3. TNRCC Docket No. 1998-0675-MSW-E; SOAH Docket No. 582-98-2071. Administrative Law Judge's Proposal for Decision and Order against Sullivan Enterprises, Inc., Texas International Terminals Inc., and 5600 PIB Corp. for alleged violations relating to processing of municipal solid wastes and for failure to obtain a permit. (RECOMMENDATION: The Administrative Law Judge recommends that Sullivan Enterprises should be assessed a total penalty of $4500. The ALJ finds that a finding of violation and a penalty is not warranted under 30 TAC 330.5(a)(1), concerning an actual release from a levee breach in Sep 97, since the event was immediately resolved by repair of the levee and a follow-up water quality study. Further the ED has not sustained his burden of providing that there continued to be the potential for failures in the levee/berm system at the time of the last inspection).
Continued to September 29, 1999


ADDENDUM TO AGENDA

Wednesday, July 28, 1999

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

1:00 p.m.

Room 201S, Bldg E.

12100 Park 35 Circle

Item 4. Docket No. 1999-0908-DIS. Consideration of the Executive Director's Motion for Reconsideration filed concerning the application by Varner Creek Utility District of Brazoria County for approval of operations and maintenance standby fees and the order issued on June 18, 1999 authorizing the District to adopt and impose operations and maintenance standby fees for a period of time not to exceed three years from the order's issuance. (Scott A. Humphrey, Robert Cummins)
Grant Motion for Reconsideration, RH/JB. All Agree