AGENDA

Wednesday, December 15, 1999

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

8:30 a.m.

Bldg E. Room 201S

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 Section 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 the matter as required by Section 551.102 of the Texas Open Meetings Act, Chapter 551 of the Government Code.
No Action Taken


OLD BUSINESS AGENDA

Wednesday, December 15, 1999

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.

Room 201S, Bldg E.

12100 Park 35 Circle

Item carried forward from Agenda of October 27, 1999.
Item 1. Docket No. 1999-1178-MWD. Consideration of permit application no. 14083-001, submitted by White Oak Developers, Inc. for a new permit proposed Texas Pollutant Discharge Elimination System (TPDES) Permit No. 14083-001, to authorize the discharge of treated domestic wastewater at a daily average flow not to exceed 750,000 gallons per day. The plant site is located approixmately 1,000 feet due west of confluence of Robinson Gully and White Oak Creek in Montgomery County, Texas. The Commission will also consider hearing request, related responses and replies, public comment and the Executive Director's response to comments.
Continued to February 24, 2000
Item carried forward from Agenda of November 10, 1999.
Item 2. Docket No. 1999-1209-MWD. Consideration of permit application 12667-001, submitted by Craig Penfold for a renewal of TNRCC Permit no. 12667-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 18,000 gallons per day. The plant site is located approximately 1,000 feet north of the Denton-Tarrant County Boundary and 2,500 feet west of Farm-to-Marked Road 2499 in Denton County, Texas. The Commission will also consider hearing requests, related responses and replies, public comment and the Executive Director's response to comments. (Phillip Urbany/Kathy Brown).
Continued to February 9, 2000


ADDENDUM TO OLD BUSINESS

Wednesday, December 15, 1999

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.

Bldg E, Room 201S

12100 Park 35 Circle

Item carried forward from Agenda of December 1, 1999.
Item 3. Docket No. 1999-1319-MWD. Consideration of permit application #10361-001, submitted by CITY OF PILOT POINT for a major amendment to TRNCC Permit No. 10361-001 to authorize an increase in the discharge of treated domestic wastewater from a daily average flow not to exceed 350,000 gallons per day to a daily average flow not to exceed 735,000 gallons per day. The plant site is located approximately 1 mile west-southwest of the intersection of U.S. Highway 377 and State Highway Loop 387, approximately 1.5 miles northwest of the intersection of U.S. Highway 377 to Farm-to-Market Road 455 in Denton County, Texas. The Commission will also consider hearing requests, related responses and replies, public comment and the Executive Director's response to comments. (Curtis Seaton/Lisa McClain)
Deny hearing request, issue permit with changes, adopt ED's Response to Comments, JB/RM. All Agree
Item carried forward from Agenda of December 1, 1999.
Item 4. Docket No. 1999-1381-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 Source or Properties, submitted by Reliant Energy Channelview L.P. and Equistar Chemicals, LP in Channelview, 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. (Garrett Arthur/Erik Henderickson)
Grant petition and issue proposed order, RH/RM. All Agree
Item carried forward from Agenda of December 1, 1999.
Item 5. Docket No. 1999-0869-PST-E. Consideration of a Shutdown Order requiring certain actions of Javaid Malik dba Quick Stop in Harris County; TNRCC ID No. 48526; for petroleum storage tank violations pursuant to Chapter 26 of the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (John Wright)
Remand to Executive Director
Item carried forward from Agenda of December 1, 1999.
Item 6. Docket No. 1999-1232-RUL. Consideration for publication of, and opportunity for hearing upon, the repeal of 30 TAC Chapter 291, Water Rates, Subchapter H, and proposed new 30 TAC Chapter 291, Water Rates, Subchapter H, relating to Utility Submetering and Allocation. If approved, the proposed new subchapter would implement recent legislative changes and revise the method for allocating master metered water and wastewater service to multiple use facilities. (Kate Wilkins)(Rule Log No. 99042-291-WT)
Continued to January 12, 2000


AGENDA

Wednesday, December 15, 1999

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.

Room 201S, Bldg. E

12100 Park 35 Circle

Hearing Request
Item 1. Docket No. 1999-1346-MWD. Consideration of permit application # 14057-001, submitted by TEXAS WATER SERVICES, INC. for a new permit (proposed TPDES Permit No. 14057-001), which authorizes the discharge of treated domestic wastewater with a daily average flow not to exceed 24,000 gallons per day. The wastewater treatment facility will serve the Holiday Villages of Medina Lake. The plant site is located approximately 2,000 feet west and 4,500 feet south of the northeast corner of Bandera/Medina County line and 3,000 feet north of Henderson Hollow and 6,000 feet west of Brushy Creek in Medina County, Texas. The Commission will also consider hearing requests, related responses and replies, public comment and Executive Director's response to comments. (Julian Centeno/Steve Shepherd)
Continued to January 26, 2000
Item 2. Docket No. 1999-1344-IWD. Consideration of permit application 04070, submitted by HANSON AGGREGATES WEST, INC. for a new permit, proposed Texas Pollutant Discharge Elimination System (TPDES) Permit No. 04070, to authorize the discharge of mine seep groundwater and storm water at an intermittent and flow variable rate via Outfall 001. The applicant proposes to operate a limestone quarry, crushing, and screening facility. The plant site is located on Farm-to-Market Road 1633, approximately 2,200 feet southwest of the Farm-to-Market Road 1633 bridge at the Navasota River, Limestone County, Texas. The Commission will also consider hearing request, related responses and replies, public comment and the Executive Director's response to comments. (Kim Craig/Robin Smith)
Grant hearing to Limestone County and Dr. Mack, remand to ADR for 4 to 6 weeks for Mediation, if mediation fails forward to SOAH, RM/RH. All Agree
Item 3. Docket No. 1999-1345-AGR. Consideration of permit application 04110, submitted by WADE AND JAN BINGHAM for a new permit to authorize the applicant to operate a concentrated animal feeding operation for a dairy facility with a maximum of 400 head. No discharge of pollutants into waters in the state is authorized by the permit except as a result of a chronic or a catastrophic rainfall event. The existing facility is located southwest of Parker, Texas on the west side of County Road 1418. From Parker, travel south two miles on State Highway 171 to its intersection with County Road 1413. Travel 3 miles west on County Road 1413 to its intersection with County Road 1418. Travel north one mile on County Road 1418 to the facility in Hill County, Texas. The Commission will also consider hearing requests, related responses and replies, public comment and the Executive Director's response to comments. (Clifton Wise/Tina Amberboy)
Grant hearing request and remand to Alternative Dispute Resolution if mediation fails forward to SOAH, JB/RH. All Agree
Item 4. Docket No. 1999-1347-IWD. Consideration of permit application # 01820, submitted by TEMPLE-INLAND FOREST PRODUCTS CORPORATION for a major amendment to TNRCC Permit No. 01820 to authorize the redirection of wetdeck storage pond outflow to Outfall 002 due to a new pond, and to authorize transfer of water from Pond B1 to the logdeck pond and/or the logyard pond (authorize under TNRCC Permit No. 03848) during drought conditions. The current permit authorizes the discharge of wastewaters (including log soak water, condensate, cooling water, boiler and scrubber blowdown, wet decking water, and wastewater from the collection sump associated Outfall 002) and storm water on a continuous and flow variable basis via Outfall 001; wastewaters (including noncontract cooling water and chain lubrication water) and storm water on an intermittent and flow variable basis Outfall 002; and storm water runoff on an intermittent and flow variable basis via Outfall 003. Issuance of this Texas Pollutant Discharge Elimination System (TPDES) permit will replace the existing National Pollutant Discharge Elimination System (NPDES) Permit No. TX0046892 issued on January 17, 1976 and TNRCC Permit No. 01820 issued on April 8, 1996. The applicant operates an integrated forest products complex. The plant site is located north of the Farm-to-Market Road (FM) 2426, approximately 1/4 mile east of the intersection of FM 2426 and FM 1, in the City of Pineland, Sabine County, Texas. The Commission will also consider hearing requests, related responses and replies, public comment and the Executive Director's response to comments. (Chris Linendoll/Steve Shepherd)
Continued to January 26, 2000
Report
Item 5. Docket No. 1999-1451-RPT. Consideration for approval of the 1999 Texas Nonpoint Source Pollution Assessment Report and Management Program document. This document is required to be submitted through the Governor's Office to EPA for continued eligibility for Section 319 NPS Grant funds under the federal Clean Water Act. This document represents the joint submission of both the TNRCC and the Texas State Soil and Water Conservation Board. (Linda Brookins)
Adopt report, with changes and forward to Governor's Office, JB/RM. All Agree
Miscellaneous
Item 6. Docket No. 1998-0417-MIS. Consideration of gifts and donations of $500.00 or more in value given to the TNRCC, submitted for approval in accordance with Chapter 575 of the Government Code, concerning acceptance of gifts by certain state agencies. (T. Coronado)
Approve gifts and donations, RH/JB. All Agree
District Matter
Item 7. Docket No. 1999-0069-DIS. Consideration of a proposed order approving the application by Williamson-Travis Counties Water Control and Improvement District No. 1B for Conversion to a Municipal Utility District. For Commission consideration. Applicant requests approval of a conversion from a Water Control and Improvement District to a Municipal Utility district with the name changing to Ranch at Cypress Creek Municipal Utility District No. 1. (TNRCC Internal Control No. 11051998-D03, Sam Jones)
Approve Order, with changes, JB/RM. All Agree
Public Water Supply Enforcement Agreed Orders
Item 8. Docket No. 1997-1000-PWS-E. Consideration of an Agreed Order assessing administrative penalties against Batesville Water Supply Corporation in Zavala County; TNRCC ID No. 2540005; 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. (Scott McDonald)
Issue Agreed Order, RH/RM. All Agree
Item 9. Docket No. 1998-1167-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Ha Van Nguyen dba Windy Hills Estates and Burnet Hills Mobile Home Parks in Burnet County; TNRCC ID Nos. 0270090 and 0270042; 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. (Scott McDonald)
Issue Agreed Order, RM/JB. All Agree
Item 10. Docket No. 1999-0359-PWS-E. Consideration of an Agreed Order assessing administrative penalties against K-Farming Enterprises, Inc. in Culberson County; TNRCC ID No. 0550016; 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. (Scott McDonald)
Issue Agreed Order, RM/JB. All Agree
Item 11. Docket No. 1998-1517-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Portland in San Patricio County; Public Water Supply No. 2050005; for drinking water quality violations pursuant to TEXAS HEALTH & SAFETY CODE ch. 341 and the rules of the Texas Natural Resource Conservation Commission. (Gary McDonald and Clint Pruett)
Issue Agreed Order, RM/JB. All Agree
Item 12. Docket No. 1999-0357-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Kirbyville in Jasper County; TNRCC PWS ID No. 1210002; 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. (Scott McDonald)
Issue Agreed Order, RM/JB. All Agree
Item 13. Docket No. 1999-0417-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Farmers Dairies, Ltd. in El Paso County; Public Water Supply No. 0710168; for drinking water quality violations pursuant to TEX. HEALTH AND SAFETY CODE ch. 341 and the rules of the Texas Natural Resource Conservation Commission. (Cynthia Salas and Kim McGuire)
Issue Agreed Order, RM/JB. All Agree
Municipal Waste Discharge Enforcement Agreed Orders
Item 14. Docket No. 1998-1078-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Cedar Park in Williamson County: TNRCC ID No. 12308-001; for water quality violations pursuant to Chapter 26 of the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (John Wright)
Issue Agreed Order, RM/JB. All Agree
Item 15. Docket No. 1999-0499-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Frontier Park, Inc. in Sabine County; Water Quality Permit No. 11328-001 (expired); for water quality violations pursuant to TEXAS WATER CODE chs. 7 and 26 and the rules of the Texas Natural Resource Conservation commission. (Greg Conley, Erika Fair)
Issue Agreed Order, RM/JB. All Agree
Item 16. Docket No. 1999-0659-MWD-E. Consideration of an Agreed Order assessing administrative penalties against the City of Rockport in Aransas County; NPDES Permit No. TX0022151; for water quality violations pursuant to TEX. WATER CODE chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Lynda Clayton)
Issue Agreed Order, RM/JB. All Agree
Item 17. Docket No. 1998-1304-MWD-E. consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the Port of Houston Authority in Harris County; Water Quality Permit No. 12375-001; for water quality violations pursuant to the TEX. WATER CODE chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Stacy Pentecost/Eric Reese)
Issue Agreed Order, RM/JB. All Agree
Item 18. Docket No. 1999-0033-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of China in Jefferson County; Water Quality Permit 12104-001; for water quality violations pursuant to TEX. WATER CODE chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. ( Susan Kelly, Karen Berryman)
Issue Agreed Order, RM/JB. All Agree
Item 19. Docket No. 1999-0596-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Vancouver Management, Inc. in Harris County; Water Quality Permit No. 11051-001; for water quality violations pursuant to TEX. WATER CODE chs. 7 and 16 and the rules of the Texas Natural Resource Conservation Commission. (Paula Wimberely, Rebecca Clausewitz)
Issue Agreed Order, RM/JB. All Agree
Item 20. Docket No. 1998-1073-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Harlingen in Cameron County; TNRCC ID No. 10490-003 for water quality violations pursuant to Chapter 26 of the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (John Wright)
Issue Agreed Order, RM/JB. All Agree
Municipal Solid Waste Enforcement Default Order
Item 21. Docket No. 1999-0921-MSW-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Toby Hawkins dba H & H Tire dba Hawkins Tire in Upshur County; TNRCC ID No. 26789; 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. (Heather Otten)
Issue Default Order, RM/RH. All Agree
Municipal Solid Waste Enforcement Agreed Orders
Item 22. Docket No. 1999-0666-MSW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Lee Stafford dba Lubbock Waste Tire Recycling in Lubbock County; Used and Scrap Tire Transporter, Processor and Storage Site Registrations MSW-26920, MSW-79540 and MSW-44154; for municipal solid waste violations pursuant to Texas Solid Waste Disposal Act, TEX. HEALTH & SAFETY CODE ch. 361 and TEX. WATER CODE ch. 7 and the rules of the Texas Natural Resource Conservation Commission. (Tim Haase)
Issue Agreed Order, RM/RH. All Agree
Item 23. Docket No. 1999-0619-MSW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Del Rio in Val Verde County; Municipal Solid Waste Permit No. 207-A; for municipal solid waste violations pursuant to TEX. HEALTH & SAFETY CODE ch. 361, the Tex. Water Code ch. 7, and the rules of the Texas Natural Resource Conservation Commission. (Kent Heath)
Issue Agreed OrderR, RM/RH. All agree
Item 24. Docket No. 1998-0666-MSW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Crowell and Foard County in Foard County; TNRCC ID No. 1401; 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. (Heather Otten)
Issue Agreed Order, RM/RH. All Agree
Air Enforcement Default Orders
Item 25. Docket No. 1998-0769-AIR-E. Consideration of a Default Order assessing administrative penalties against Jim Omer, Zak Omer, Basel Saad, and Khaled Saad dba Zak's Muffler and Inspection in Dallas County; TNRCC ID No. DB-4695-V; 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. (Scott McDonald)
Issue Default Order, RM/JB. All Agree
Item 26. Docket No. 1998-1411-AIR-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Saleh Shuwib dba Auto Merchants in Collin County; TNRCC ID No. CP-0290-Q; 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. (Scott McDonald)
Issue Default Order, RM/JB. All Agree
Air Enforcement Agreed Order
Item 27. Docket No. 1999-0654-AIR-E. Consideration of an Agreed Order assessing administrative penalties of Jose Olguin dba Cuernavaca Landscaping in Travis County: Air Account TH-0712-P; for air quality and municipal solid waste violations pursuant to the TEX. HEALTH & SAFETY CODE chs. 382 and 361, TEX. WATER CODE chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Elvia Maske)
Issue Agreed Order, JB/RH. All Agree
Multi-Media Default Order
Item 28. Docket No. 1998-0726-MLM-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Lloyd Walters in Jefferson County; TNRCC ID No. 455100013; for water quality, municipal solid waste, and air quality violations pursuant to Chapters 7 and 26 of the Texas Water, Chapters 361 and 382 of the Texas Health & Safety Code, and the rules of the Texas Natural Resource Conservation Commission. (Richard S. O'Connell)
Continued to January 12, 2000, RH/JB. All Agree
Petroleum Storage Tank Enforcement Agreed Orders
Item 29. Docket No. 1999-0627-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Rafiqmohammad Dhuka and Royal Price Corp. dba Rocking H Grocery and Feed, Inc. in Travis County; TNRCC ID No. 25015; for petroleum storage tank violations pursuant to Chapter 26 of the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (John Sumner)
Issue Agreed Order, RH/JB. Marquez absent for vote
Item 30. Docket No. 1998-0616-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Ruhee Enterprises, Incorporated in Harris County: PST Facility ID No. 0036586; for petroleum storage tank violations pursuant to TEX. HEALTH & SAFETY CODE ch. 382 and TEX. WATER CODE chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Trina Lewison, Tom Jecha)
Issue Agreed Order, RH/JB. Marquez absent for vote
Item 31. Docket No. 1999-0634-PST-E. Consideration of an Agreed Order assessing administrative penalties against Oozi Enterprises Inc. dba Fina Foods in Dallas County; PST Facility ID No. 0038759; for petroleum storage tank violations pursuant to the TEX. HEALTH & SAFETY CODE ch. 382 and TEX. WATER CODE chs. 7 and 26 and rules of the Texas Natural Resource Conservation Commission. (Thomas Greimel)
Issue Agreed Order, RH/JB. Marquez absent for vote
Item 32. Docket No. 1999-0683-PST-E. Consideration of an Agreed Order assessing administrative penalties against John J. Herbert Distributor Inc. and Mr. Jim Matlock and Mrs. Carrol Matlock in Liberty County; PST Facility ID No. 0045944; for petroleum storage tank violations pursuant to TEX. HEALTH & SAFETY CODE ch. 382 and TEX. WATER CODE ch. 7 and the rules of the Texas Natural Resource Conservation Commission. (Trina Lewison, Rebecca Clausewitz)
Issue Agreed Order, RH/JB. Marquez absent for vote
Item 33. Docket No. 1999-0638-PST-E. Consideration of an Agreed Order assessing administrative penalties of Sam Ro dba OK Texaco in El Paso County; Petroleum Storage Tank Facility ID No. 0039635; for petroleum storage tank violations pursuant to TEX. HEALTH & SAFETY CODE ch. 382 and TEX. WATER CODE ch. 7 and the rules of the Texas Natural Resource Conservation Commission. ( Rebecca Cervantes, David Van Soest)
Issue Agreed Order, RH/JB. Marquez absent for vote
Item 34. Docket No. 1999-0681-PST-E. Consideration of an Agreed Order assessing administrative penalties of Santa Fe Interests, Inc. in Galveston County; Petroleum Storage Tank Facility ID No. 0016539; for petroleum storage tank violations pursuant to TEX. HEALTH & SAFETY CODE ch. 382 and the TEX. WATER CODE ch. 7 and the rules of the Texas Natural Resource Conservation Commission. (Erika Fair)
Issue Agreed Order, RH/JB. Marquez absent for vote
Item 35. Docket No. 1999-0023-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of River Front Superette, Inc. in Hidalgo County; PST Facility ID No. 005230; 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. ( Mohammed Issa)
Issue Agreed Order, RH/JB. Marquez absent for vote
On-Site Installer Enforcement Agreed Orders
Item 36. Docket No. 1998-0498-OSI-E. Consideration of an Agreed Order assessing administrative penalties against Mr. Leslie Andrew Wardlaw in Travis County; TNRCC Installer Certification No. 3404; 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. (Scott McDonald)
Issue Agreed Order, RH/JB. All Agree
On-Site Sewerage Facility Enforcement Agreed Order
Item 37. Docket No. 1999-0498-OSI-E. Consideration of an Agreed Order assessing administrative penalties for William J. Heck in Brazoria County; OSSF Certificate No. 5184; for water quality violations pursuant to TEX. HEALTH & SAFETY CODE ch. 366 and TEX. WATER CODE ch. 7 and the rules of the Texas Natural Resource Conservation Commission. ( Merrilee Gerberding)
Issue Agreed Order, RM/JB. All Agree
Industrial Hazardous Waste Enforcement Agreed Orders
Item 38. Docket No. 1999-0922-IHW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Alpha Omega Recycling, Inc. in Gregg County; TNRCC ID No. HW50203-001; 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. (Tracy L. Gross)
Issue Agreed Order, RM/JB. All Agree
Item 39. Docket No. 1997-1188-IHW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Quala Systems, Inc. in Harris and Brazoria Counties; TNRCC ID Nos. 83778, 83828, and 83712; 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. (Tracy L. Gross)
Issue Agreed Order, RM/JB. All Agree
Item 40. Docket No. 1998-1025-IHW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions against Wayne Booher dba Border Tank & Oil in El Paso County; TNRCC ID No. 12470 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. (Tracy L. Gross)
Issue Agreed Order, RM/JB. All Agree
Industrial Waste Discharge Enforcement Agreed Order
Item 41. Docket No. 1999-0636-IWD-E. Consideration of an Agreed Order assessing administrative penalties of BP Amoco Oil Company in Galveston County; Water Quality Permit No. 00443; for water quality violations pursuant to TEX. WATER CODE chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Michelle L. Harris)
Issue Agreed Order, RH/RM. All Agree
Agricultural Enforcement Agreed Order
Item 42. Docket No. 1998-1397-AGR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Americalf, Inc. in Erath County; No Permit; for water quality violations pursuant to TEX. WATER CODE chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Gilbert Angelle)
Issue Agreed Order, RH/RM. All Agree
Rule
Item 43. Docket No. 1999-1418-RUL. Consideration for publication of an opportunity for hearing on proposed amendment to 30 TAC Chapter 12, Section 12.3, Penalty and Interest on Delinquent Fees. The proposed amendment to Section 12.3 will implement Senate Bull 1321, 76th Legislature (1999), which amends the Texas Tax Code Sections 111.060 and 111.061 and assesses a variable rate of interest based on the prime rate plus one percent, as the interest rate on all delinquent taxes. (Perry Walters, Forrest Brooks)(Rule Log No. 99052-012-AD).
Approve publication and hearing, RH/RM. All Agree
EXECUTIVE SESSION
Item 44. 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.
Item 45. 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.
(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, December 15, 1999

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.

Bldg E. Room 201S

12100 Park 35 Circle

Item 46. Docket No. 1999-1380-AIR. Southern Energy, Inc. (SEI) for Air Quality Permit No. 40620 to construct a natural gas-fired electric power generating facility in three phases. The location of the facility is 577 Bosque County Road #3610, Bosque County, Texas. The Commission will consider the application and the hearing requests received on the application. (Hodgson Eckel/Eric Hendrickson).
Deny hearing request and issue permit, JB/RM. All Agree


OLD BUSINESS AGENDA

Wednesday, December 15, 1999

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

1:00 p.m.

Room 201S, Bldg E.

12100 Park 35 Circle

Item carried forward from Agenda of October 13, 1999.
Item 1. Docket No. 1997-1000-PWS-E; SOAH Docket No. 582-99-0149. Consideration of Administrative Law Judge's Proposal for Decision and Proposed Order assessing administrative penalties against and requiring certain actions of Batesville Water Supply Corporation in Batesville, Zavala County for alleged violations of Texas Health & Safety Code ch. 341, Texas Water Code ch. 13, and the rules of the Texas Natural Resource Conservation Commission. The ALJ finds 12 violations of the public drinking water rules and recommends an administrative penalty of $6,450.00. (ALJ Thomas H. Walston)
Remand to Executive Director, RH/RM. All Agree


AGENDA

Wednesday, December 15, 1999

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

1:00 p.m.

Room 201S, Bldg E.

12100 Park 35 Circle

Item 1. TNRCC Docket No. 1998-1366-MSW-E; SOAH Docket No. 582-99-1450. Consideration of the Administrative Law Judge's Proposal for Decision and Proposed Order against Mr. Anthony J. Johnston, for alleged violations of: 30 TEX.ADMIN.CODE 330.804(d), 330.810(a), and 330.813(d)(2). Mr. Johnston owns and operates a waste tire processing facility located north of Highway 82 and on the west side of Farm-to-Market Road 897 in Lannium, Fannin County, Texas. (ALJ: William G. Newchurch)
Adopt Proposal for Decision and Issue Order, RM/RH. All Agree
Item 2. TNRCC Docket No. 1998-1058-MSW; SOAH Docket No. 582-98-1656. Consideration of the Administrative Law Judge's Proposal for Decision and Proposed Order concerning the application by Texas Ecologists, Inc. for Type I Municipal Solid Waste Landfill to authorize the construction and operation of a new Type I - MSW Landfill. The facility is located approximately four miles south of Robstown, Texas, and two and a half miles north of the town of Petronilla, Texas in Nueces County, Texas. (ALJ: Leslie Craven)
Adopt PFD and Issue order with changes as recommended by Judge, overrule all exceptions, RM/JB. All Agree
Item 3. Docket No. 1999-1320-UCR. Consideration of a Motion for Reconsideration filed by Reeves County concerning the Executive Director's refusal to consider an appeal by Reeves County, pursuant to Texas Water Code 13.043, of the Town of Pecos City's change of water rates.
Deny Motion for Reconsideration, directed Executive Director to allow 60 days for Alternative Dispute Resolution Office to Mediate if mediation fails forward the matter to the Attorney General, RH/RM. All Agree