Notice is hereby given by the State of Texas of the following proposed resolution of an environmental enforcement lawsuit under the Texas Solid Waste Disposal Act and the Texas Water Code. Section 7.110 of the Texas Water Code provides that before the State may settle a judicial enforcement action under those Acts, the State shall permit the public to comment in writing on the proposed judgment. The Attorney General will consider any written comments and may withdraw or withhold consent to the proposed agreed judgment if the comments disclose facts or considerations that indicate that the consent is inappropriate, improper, inadequate, or inconsistent with the requirements of those Acts or a rule adopted or an order or a permit issued under such statutes.

Case Title and Court: State of Texas v. B & W Foundry and Manufacturing Co., Ura Lee Beard, Gene E. Beard, and Robert A. Beard, Cause Number. 94-04155; in the 331st Judicial District Court, Travis County, Texas.

Nature of Defendant's Operations: B & W Foundry and Manufacturing Co. owns and previously operated a foundry located at 512 Upton Street, San Angelo, Texas, where the company manufactured certain agricultural machine parts until 1991, when the foundry ceased operations. The property upon which the facility is located is adjacent to a residential neighborhood. The State filed suit against the foundry and its officers alleging that operations at the facility's scrubber sludge handling area had resulted in discharges of cadmium and lead onto the ground and into or adjacent to waters of the State.

The State and the Defendants previously entered into an agreement under which Defendants agreed to remediate the site in accordance with a Remediation Work Plan approved, as modified, by the Texas Natural Resource Conservation Agreement ("TNRCC"). Under the Work Plan, the site was to be remediated to meet the TNRCC's Risk Reduction Standard Number 2. The agreement provided that if 1) the site was remediated according to the Work Plan as modified on a timely basis; 2) proof of deed certification pursuant to 30 Tex. Admin. Code §335.560 was submitted to the TNRCC; and 3) Defendants paid $800 in penalties to the State of Texas, the State of Texas and the TNRCC would dismiss their claims against the Defendants for those violations alleged in their suit. The site has been remediated, proof of deed certification has been provided, and the Defendants are prepared to pay the penalties set forth above. Accordingly, the parties propose to enter into an Agreed Final Judgment dismissing the claims in this matter.

For a complete description of the proposed settlement, the complete proposed Agreed Final Judgment should be reviewed. Requests for copies of the judgment and written comments on the judgment should be directed to Liz Bills, Assistant Attorney General, Office of the Texas Attorney General, P.O. Box 12548, Austin, Texas 78711-2548, (512) 463-2012, facsimile (512) 320-0911. Written comments must be received within 30 days of publication of this notice to be considered.

TRD-9801590

Sarah Shirley

Assistant Attorney General

Office of the Attorney General

Filed: February 4, 1998

The Office of the Attorney General is accepting letters of intent to apply for sexual assault crisis intervention and education funding under the Preventive Health and Health Services block grant and State Funds. Funds will be available October 1, 1998. Letters of intent to apply for funds should be sent by March 31, 1998 to Cecelia McKenzie, Division Director, Sexual Assault Prevention and Crisis Services, Office of the Attorney General, P.O. Box 12548, Mail Code 011-1, Austin, Texas 78711-2548 Applications will be due on or before June 3, 1998 at 5:00 p.m.

Eligible entities who send letters of intent will receive application kits consisting of materials pertinent to submitting an application. An eligible entity is a sexual assault program which has been providing service on or before January 1, 1998. The program must provide a 24- hour hotline, advocacy and accompaniment, liaison, professional training and public education. For mor information, contact Pam Rodgers, Grants Program Director, (512) 936-1423 or Lynda Edmonson, Office Manager (512) 936-1270.

TRD-9801404

Sarah Shirley

Assistant Attorney General

Office of the Attorney General

Filed: January 30, 1998

The Texas General Land Office (GLO) has received a grant under the National Coastal Wetlands Grant Program from the United States Department of Interior, Fish and Wildlife Service, for a project to protect and restore certain wetlands and habitat areas of Shamrock Island in Nueces County, Texas. Shamrock Island is the remainder of a recurved barrier spit, separated from Mustang Island by the action of Hurricane Celia in 1970. It serves as a protective barrier for landward habitats on Mustang Island that are subject to erosion and deterioration due to the action of wave, tidal and wind energies. This project is intended to protect and restore wetland habitats that are integral to the Corpus Christi Bay estuarine ecosystem, serve as the nursery grounds for over 95% of the recreational and commercial fish species found in the Gulf of Mexico and provide breeding, nesting, and feeding grounds for many threatened and endangered animal and plant species.

Pursuant to Texas Government Code, §2254.001 et seq., the GLO is requesting statements of qualifications from professional engineers or engineering firms, licensed in the State of Texas, to serve as GLOþs manager for this project. The chosen manager will be responsible for the following tasks:

(1) review of available relevant information concerning coastal processes which affect the causes or the rates of erosion and accretion on the shorelines of Shamrock Island;

(2) site visits to Shamrock Island to acquire field information necessary to developing a design for the contemplated project to stabilize the shoreline of the island;

(3) meetings with an established advisor group to review the erosion problem and possible solutions;

(4) identify and develop detailed design/build specifications, including significant permitting requirements, for three alternative solutions chosen by the advisory group to address the erosion problem;

(5) develop criteria to evaluate and select the most responsive design/build proposal submitted by a contractor who will both design and build the erosion response structure;

(6) review, evaluate and rank proposals based on the approved criteria;

(7) advise and assist the GLO during the process for the selection of and negotiation of a design/build contract with the contractor submitting the chosen proposal;

(8) assist with acquisition of necessary permits for the project and oversee the project as the representative of the GLO.

Proposals for providing these services will be evaluated on the basis of (i) knowledge and demonstrated experience in performing such services; (ii) ability to perform the required services within the required time constraints; and (iii) demonstrated and projected use of HUB vendors. The award of a contract for these services is contingent upon availability of funding a design/build contract for the Shamrock Island protection and restoration project. The project is estimated to cost between $500,000 and $1,000,000. The recipient of a contract for these management services is ineligible to submit a proposal for the design/build project.

The requested services will require the capability of entering into a contract within ten days after completion of the selection process and initiation of work on the project within ten days after the contract award. It is expected that the project will require approximately ten months to complete both the analysis and design/build phases.

The provider selected must demonstrate extensive knowledge of the Texas coast and have knowledge and experience working with contractors, as well as other federal and state agencies. GLO reserves the right to evaluate qualifications and experience of all responders, to interview any or all responders, to reject any and/or all responses and to negotiate specific terms of an agreement that is in the best interest of the agency and the state.

An informational packet and further information may be obtained by contacting Tom Calnan, by phone at (512) 463-5100 or by FAX to (512) 475-0680. The deadline for the receipt of responses to this request for qualifications of persons interested in providing these services is Friday, February 20, 1998, 10:30 a.m. Responses must be submitted to Mr. Calnan at the GLO Resource Management Division, 1700 North Congress Avenue, Room 617, Austin, Texas, 78701.

TRD-9801485

Garry Mauro

Commissioner

General Land Office

Filed: February 3, 1998

Purpose. The Texas Department of Health (department) receives funding from the Centers for Disease Control and Prevention to develop, implement and evaluate a breast and cervical cancer screening program. The screening program began in July 1991. Known as the Breast and Cervical Cancer Control Program (BCCCP), the objectives of the program are to: increase the availability and use of high quality breast and cervical cancer screening services among eligible women; identify and reduce financial, educational, and cultural barriers to screening; inform health care providers about the availability and importance of cervical and breast cancer screening, and train them on improved practices; track and follow-up each woman participating in the program; collect information on incidence, mortality, and behavioral risks; develop a comprehensive cancer control plan; and evaluate each component listed in this paragraph.

This request for proposal invites applications from governmental, public, or private nonprofit entities that can demonstrate the expertise necessary to carry out the described services to conduct household surveys in four designated counties in Texas. The surveys will be of knowledge, attitudes, and practices of breast and cervical cancer screening among women age 50-64 with low incomes, particularly among African American and Hispanic women. The surveys will assess the following topics: health behaviors related to the frequency of Pap tests, clinical breast examinations, breast self-examinations, and mammography; beliefs, knowledge, and attitudes about breast and cervical cancer; health service use, insurance coverage, usual sources of care, satisfaction, and barriers to care; and sources of health information.

The department will award one contract of up to $153,817 to begin on or about April 1, 1998. The contractor will be required to complete at least 1,100 face-to-face interviews among a random sample of women age 50-64 in specified low income areas in four designated counties in Texas as follows: one survey of at least 200 African American women in Harris County; one survey of at least 300 African American women in Gregg County; one survey of at least 300 women randomly selected among all race/ethnic groups in Tarrant County; and one survey of at least 300 women randomly selected among all race/ethnic groups in Lubbock County. Households must be sampled using a representative list such as 1990 census tract or utility hookups. Applicants must describe a method for determining the sample. The department, in collaboration with the contractor, will select the designated areas for conducting the survey and will develop the survey instrument. Data analyses are not required. An electronic data record for each of at least 1100 women interviewed must be delivered to the BCCCP by August 31, 1998. The budget must allow for payment of a fee to respondents for completed interviews. It is expected that each interview will last no less than 30 minutes and no longer than one hour.

Proposal Format. Interested parties must submit proposals with the following information: description of experience in conducting household surveys, including surveys with African Americans, people with low incomes and people who speak Spanish as a primary language; description of quality control measures you would use during the survey process and the entering and editing of collected data; description of how you would assure valid data and a high response rate; written goals and objectives, description of tasks to meet these goals and objectives (including pilot testing of the instrument, selection and training of interviewers, household selection process, including pre-screening techniques), and identification of who will complete the tasks and completion dates; list all key personnel for this project including a description of their qualifications, experience, and function.(which may include: knowledge of survey methodologies and techniques; experience in designing, implementing, and conducting household surveys in communities with diverse populations, including racial and ethnic minorities and people with low incomes; curricula vitae of key personnel; and reports representing previous experience may be submitted); and budget and accompanying justification consistent with the objectives and the amount of funds requested. Applicants should provide assurances that the confidentiality of all women interviewed will be preserved by the survey team members.

Selection Criteria. A committee composed of department staff and external reviewers will evaluate proposals and make recommendations to the Breast and Cervical Cancer Control Program which will select one for funding. Evaluation and funding will be based on the following criteria (weighted values are in parentheses): evaluation of the applicant's knowledge and experience in conducting surveys (20%); evidence of quality control procedures for the survey process and the entering and editing of the data collected (20%); evidence of ability and capacity to provide a survey with valid data and a high response rate (40%); the submission of a realistic work plan and time line (20%); the submission of a budget that is appropriate for the scope and quality needed for the successful completion of the survey.

Closing Date. To request a Request for Proposals Application Packet, contact Mr. Stephen Wright, Public Information Coordinator, Breast and Cervical Cancer Control Program at (800) 452-1955 or (512) 458-7644. The original plus six copies of the proposal must be submitted to Mr. Wright's attention at: Texas Department of Health, Breast and Cervical Cancer Control Program, 1100 West 49th Street, Austin, Texas 78756. Proposals must have a legible postmark dated no later than Friday, March 20, 1998. Hand-delivered packets must be delivered by 5:00 p.m., Central Standard Time, on Friday, March 20, 1998 to the Texas Department of Health, Breast and Cervical Cancer Control Program, Building G, Room 407, 1100 West 49th Street, Austin, Texas 78756. Proposals postmarked later than March 20, 1998, or incomplete proposals will not be evaluated. Faxed copies of proposals will not be accepted.

TRD-9801591

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: February 4, 1998

The Health and Human Services Commission, the Texas Department of Human Services, the Texas Department of Health and the Texas Department of Mental Health and Mental Retardation will conduct a public hearing to receive public comment for use in developing the State Plan for the Children's Health Insurance Program (CHIP) pursuant to Title XXI of the Social Security Act. The topics discussed will include: Scope of benefits package, outreach and health promotion activities, quality assurance and program performance goals and measures; and maximizing parental participation.

Information gathered in this hearing process will be used to formulate a draft plan for implementation of CHIP. Final policy decisions on the Children's Health Insurance Program will be made by the Legislature and Governor.

In order to facilitate participation by working parents, the hearing will be held on February 24, 1998 beginning at 4:00 p.m. in the Capitol Auditorium, State Capitol Extension, 15th and Congress Streets, Austin, Texas. Written comments may be submitted to the Health and Human Services Commission until 5:00 p.m. of the day of the hearing. Please address written comments to the attention of Holly Williams at 4900 North Lamar, 4th Floor, Austin, Texas 78751.

Persons with disabilities who wish to attend the hearing and require auxiliary aids or services should contact Holly Williams (512) 424-6502 by February 15, 1998, so that appropriate arrangements can be made.

TRD-9801569

Marina Henderson

Executive Deputy Commissioner

Health and Human Services Commission

Filed: February 4, 1998

LOW INCOME HOUSING TAX CREDIT PROGRAM

NOTICE OF 1998 APPLICATION AVAILABILITY AND WORKSHOP SCHEDULE

APPLICATION AVAILABILITY

The Texas Department of Housing and Community Affairs (the Department) announces the availability of application packages for the Low Income Housing Tax Credit Program's 1998 allocation round. The Department has approximately $21 million of tax credit authority available for allocation. A completed application must be submitted to the Department within the Application Acceptance Period. Applications are only accepted during this established period. The application acceptance period for the 1998 allocation round has been tentatively scheduled for:

March 16 - Application Acceptance Period Opens

March 27 - Application 2 PT. Bonus Period Ends

April 30 - Application Acceptance Period Closes

These dates are subject to change. The final dates will be formally announced in the Texas Register.

Tax credit allocation recipients are prioritized through a competitive process. Applications receiving the highest priority are then subject to feasibility and viability studies, after which the Board of Directors considers staff's allocation recommendations.

APPLICATION WORKSHOPS

Each year the LIHTC Program holds training workshops to facilitate the completion of the Application. Because the Application is a lengthy document which requires a large amount of supplemental information, it is critical that the Applicant understands what information is being requested and what documentation is required to satisfy the various exhibits. Because some sections of the Application have a "cliff effect" (automatic exclusion of the Application from consideration), attendance of the workshop is strongly encouraged.

REQUESTING AN APPLICATION AND REGISTERING FOR A WORKSHOP

If you are interested in receiving a copy of the 1998 tax credit application package and/or attending an application workshop you may contact our office at (512) 475-3340.

TRD-9801560

Larry Paul Manley

Executive Director

Texas Department of Housing and Community Affairs

Filed: February 4, 1998

Notice is hereby given of a public hearing to be held by the Texas Department of Housing and Community Affairs ("the Department") at 507 Sabine Street, Room 437, Austin, Texas at 12:00 p.m. on Thursday, February 26, 1998, with respect to the issuance by the Texas Department of Housing and Community Affairs of its multifamily housing revenue bonds (Pebble Brook Apartments Project) Series 1998 (the "Bonds"), in one or more series in an aggregate principal amount not to exceed $10,900,000. The proceeds of the Bonds will be loaned to One Pebble Brook, Ltd., which will be the initial owner, operator and manager of the Project (defined as follows), to finance the acquisition, construction and equipping of one multifamily residential rental project, described as follows: 250-unit multifamily residential rental development to be constructed at the at the intersection of McKinney Street and Loop 288, Denton, Texas, 76201; (the "Project")

All interested parties are invited to attend such public hearing to express their views with respect to the Project and the issuance of the Bonds. Questions or requests for additional information may be directed to Robert Onion at the Texas Department of Housing and Community Affairs, 507 Sabine, Austin, Texas 78701; (512) 475-3872.

Persons who intend to appear at the hearing and express their views are invited to contact Robert Onion in writing in advance of the hearing. Any interested persons unable to attend the hearing my submit their views in writing to Robert Onion prior to the date scheduled for the hearing.

This notice is published and the previously-described hearing is to be held in satisfaction of the requirements of Section 147(f) of the Internal Revenue Code of 1986, as amended, regarding the public approval prerequisite to the exemption from federal income taxation of the interest of the Bonds.

Individuals who require auxiliary aids in order to attend this meeting should contact Margaret Donaldson, ADA Responsible Employee, at (512) 475-3100 or Relay Texas at 1-800-735-2989 at least two days before the meeting so that appropriate arrangements can be made.

Individuals who require child care to be provided a this meeting should contact Dina Gonzalez at (512) 475-3757 at least five days before the meeting so that appropriate arrangements can be made.

TRD-9801581

Larry Paul Manley

Executive Director

Texas Department of Housing and Community Affairs

Filed: February 4, 1998

Notice is hereby given of a public hearing to be held by the Texas Department of Housing and Community Affairs ("the Department") at 507 Sabine Street, Room 437, Austin, Texas at 12:00 p.m. on Thursday, March 5, 1998, with respect to the issuance by the Texas Department of Housing and Community Affairs of its Multifamily Housing Revenue Bonds (Residence at the Oaks Apartment Project) Series 1998 (the "Bonds"), in one or more series in an aggregate principal amount not to exceed $8,100,000. The proceeds of the Bonds will be loaned to Comunidad Corporation which will be the initial owner, operator and manager of the project (defined as follows), to finance the acquisition, construction and equipping of one multifamily residential rental project, described as follows: 212 unit multifamily residential rental development to be constructed at 2700 Duncanville Road, Dallas, Texas 75211 (the "Project").

All interested parties are invited to attend such public hearing to express their views with respect to the Project and the issuance of the Bonds. Questions or requests for additional information may be directed to Robert Onion at the Texas Department of Housing and Community Affairs, 507 Sabine, Austin, Texas 78701; (512) 475-3872.

Persons who intend to appear at the hearing and express their views are invited to contact Robert Onion in writing in advance of the hearing. Any interested persons unable to attend the hearing my submit their views in writing to Robert Onion prior to the date scheduled for the hearing.

This notice is published and the previously-described hearing is to be held in satisfaction of the requirements of Section 147(f) of the Internal Revenue Code of 1986, as amended, regarding the public approval prerequisite to the exemption from federal income taxation of the interest of the Bonds.

Individuals who require auxiliary aids in order to attend this meeting should contact Margaret Donaldson, ADA Responsible Employee, at (512) 475-3100 or Relay Texas at 1 800 735-2989 at least two days before the meeting so that appropriate arrangements can be made.

Individuals who require child care to be provided a this meeting should contact Dina Gonzalez at (512) 475-3757 at least five days before the meeting so that appropriate arrangements can be made.

TRD-9801582

Larry Paul Manley

Executive Director

Texas Department of Housing and Community Affairs

Filed: February 4, 1998

Request for Proposal (RFP): The Texas Department of Human Services (TDHS) is requesting proposals from providers for the delivery of case management services provided through the Community Living Assistance and Support Services (CLASS) program. To be eligible to contract with the department, a case management agency must be selected in the RFP process, be enrolled as a CLASS provider, and attend and complete mandatory CLASS provider agency training.

Texas Register Publication Date: This announcement should appear in the Texas Register on February 13, 1998.

Purpose: The purpose of this RFP is to meet the department's requirements for periodic re-procurement of CLASS providers and to offer participants a choice of providers.

Description of Services: A case management agency enrolls participants in the CLASS program and is the focal point for developing service plans, coordinating services, and tracking participant progress. The case manager convenes the interdisciplinary team (IDT) that is responsible for developing the plan of care and assures that services are consistent with the needs and preferences of the individual participant. Case managers further assist in the identification and development of appropriate community resources, crisis intervention, advocacy, and safeguarding individual rights. The case manager works in a cooperative relationship with the direct services agency which delivers home and community-based services.

Geographic Area: The department intends to contract for the delivery of CLASS services to the following number of individuals in the following service areas/counties: 62 individuals in the Lubbock area (Lubbock/Crosby/Floyd/Hale/Hockley/Lamb counties).

Closing Date and Time: Proposals must be received by the department by 5:00 p.m. on Friday, April 3, 1998.

Contact Person for RFP: To obtain a Request for Proposal packet, please write Jessie Hood, Administrative Technician, CLASS Program, Texas Department of Human Services, 701 W. 51st Street (Mail Code W-521, Austin, TX 78751), P.O. Box 149030, Mail Code W- 521, Austin, Texas 78714-9030. You may call Jessie Hood at (512) 438-5658 or fax a request to (512) 438-5133. The RFP packet will be available on Monday, February 16, 1998.

Bidder's Questions/Inquiries: Bidders must submit questions pertaining to the RFP and/or the CLASS program, in writing, to DHS to the attention of Jessie Hood at the address or fax number above. All questions must be received by DHS by 5:00 p.m. on Friday, February 27, 1998.

Historically underutilized businesses, public or private profit, with demonstrated knowledge, competence and qualifications in performing these services are encouraged to apply.

TRD-9801557

Glenn Scott

Agency Liaison

Texas Department of Human Services

Filed: February 3,1998

The Commissioner of Insurance will hold a public hearing under Docket Number 2339 on March 25, 1998, at 9:00 a.m., in Room 100 of the Texas Department of Insurance Building, 333 Guadalupe Street in Austin, Texas, to consider a petition by the staff of the Texas Department of Insurance proposing amendments to the Texas Statistical Plan for Residential Risks. The proposed changes are necessary in order to comply newly adopted discounts for wind and hail resistant roofing materials and to include the ability to capture greater levels of detail as to the cause of loss for claims. Staff's petition (Reference P-0298-03-I) was filed on February 3, 1998.

The petition proposes amendments to the Texas Statistical Plan for Residential Risks to add fields for roof construction, hail resistant roof premium discounts, and cause of losses.

The Commissioner has jurisdiction of this matter pursuant to the Insurance Code, Articles 5.96 and 21.69.

Copies of the full text of the staff petition and the proposed amendments are available for review in the Office of the Chief Clerk of the Texas Department of Insurance, 333 Guadalupe Street, Austin, Texas, 78714-9104. For further information or to request copies of the petition and proposed amendments, please contact Sylvia Gutierrez at (512) 463-6326 (refer to Reference Number P-0298-03-I).

Comments on the proposed changes must be submitted in writing within 30 days after publication of the proposal in the Texas Register to the Office of the Chief Clerk, P.O. Box 149104, MC113-2A, Austin, Texas 78714-9104. An additional copy of the comment should be submitted to C.H. Mah, Associate Commissioner for Technical Analysis, P.O. Box 149104, MC105-5G, Austin, Texas 78714-9104.

This notification is made pursuant to the Insurance Code, Article 5.96, which exempts action taken under this article from the requirements of the Administrative Procedure Act (Government Code, Title 10, Chapter 2001).

TRD-9801594

Bernice Ross

Deputy Chief Clerk

Texas Department of Insurance

Filed: February 4, 1998

The Commissioner of Insurance at a hearing scheduled under Docket Number 2337 on March 25, 1998 at 9:00 a.m. in Room 100 of the William P. Hobby Jr., State Office Building, 333 Guadalupe Street in Austin, Texas, will consider the petition of Gary L, Wickert of Hughes, Watters & Askanase, L. L. P. The petition seeks the adoption of amendments to Endorsement WC 42 03 04-Texas Waiver of Our Right to Recover From Others Endorsement as contained in the Texas Basic Manual of Rules, Classifications and Experience Rating Plan for Workers' Compensation and Employers' Liability Insurance. The proposed changes to the endorsement specify that the existence of a waiver of subrogation endorsement waives only the claim for past benefits paid, not its right to a statutory credit.

The Commissioner has jurisdiction of this matter pursuant to the Insurance Code, Article 5.56, 5.57, and 5.96.

A copy of the petition containing the full text of the proposed changes to the Texas Waiver of Our Right to Recover From Others Endorsement is available for review in the Office of the Chief Clerk of the Texas Department of Insurance, 333 Guadalupe Street, Austin, Texas 78714-9104. For further information or to request copies of the petition, please contact Angie Arizpe at (512) 322-4147, (refer to Reference No. W-1297-42).

This notification is made pursuant to the Insurance Code, Article 5.96, which exempts action taken under this article from the requirements of the Administrative Procedure Act (Government Code, Title 10, Chapter 2001).

TRD-9801592

Bernice Ross

Deputy Chief Clerk

Texas Department of Insurance

Filed: February 4, 1998

The following third party administrator (TPA) applications have been filed with the Texas Department of Insurance and are under consideration.

Application for admission to Texas of Life of the South Insurance Company, a foreign third party administrator. The home office is Nashville, Georgia.

Application for admission to Texas of Risk Enterprise Management Limited, a foreign third party administrator. The home office is Dover, Delaware.

Any objections must be filed within 20 days after this notice was filed with the Secretary of State, addressed to the attention of Charles M. Waits, MC 107-5A, 333 Guadalupe, Austin, Texas 78714-9104.

TRD-9801555

Bernice Ross

Deputy Chief Clerk

Texas Department of Insurance

Filed: February 3, 1998

Notice. The deadline for submitting proposals is extended until 3:00 p.m., central standard time on February 27, 1998 , at the mail room of the Texas Natural Resource Conservation Commission (TNRCC), Technical Park Center, 12100 Park 35 Circle, Building A, Room 122, Austin, Texas 78753. ANY ADDITIONAL NOTICES OF EXTENSION OR OTHER MATTERS REGARDING THIS CONTRACT WILL BE SENT TO PERSONS WHO REQUEST COPIES OF THE RFP. Original Notice of the RFP was published on February 6, 1998.

Summary of Previous Notice of Request for Proposals . The TNRCC is seeking Proposals to contract for employment consulting services.

The work consists of a combination of services, including advising the agency on recruiting, screening, and referring qualified candidates to fill a variety of employee positions statewide within the TNRCC.

A more detailed description of the work is provided in the Contract Documents.

Proposals will include a statement of qualifications and experience, a proposed fee, and other material. Objective criteria stated in Request for Proposals (RFP) will be utilized to evaluate and score each proposal. The proposals will be ranked on the basis of the evaluation scores. TNRCC will negotiate contract terms with the highest ranking proposer until agreement or impasse, continuing down the ranking as necessary.

Note: change for contact to obtain Request for Proposals: Sylvia Martinez, Human Resources Division, 12100 Park 35 Circle, Building A, Austin, Texas 78758, (512) 239-0160 (voice) or (512) 239-0168 (facsimile).

Written paper requests for the Contract Documents may be sent via regular mail or United States Postal Service Express Mail to: Sylvia Martinez, Human Resources Division, MC 116, P.O. Box 13087, Austin, Texas 78711-3087.

Packages will be mailed to the Proposer by regular mail if requested by Proposer in writing either by facsimile trasmission or on paper medium delivered in person or by mail or courier. Proposers who wish to have packages sent by express mail should include in their request the account number of their preferred express mail delivery service.

The Contract Documents include, but are not limited to, the Notice of Request for Proposals, Instructions for Proposers, Additional Deliverables and Certifications, Agreement, General Conditions, and Scope of Services. A complete list of Contract Documents is provided in the Agreement.

TRD-9801605

Kevin McCalla

Director, Legal Division

Texas Natural Resource Conservation Commission

Filed: February 4, 1998

An agreed order was entered regarding HOUGH, ROBERT S. DBA TIRE DISPOSAL OF EL PASO, Docket Number 96-0790-MSW-E (SWR Numbers 26000, 44137, 79026) on January 27, 1998 assessing $89,680 in administrative penalties with $79,680 deferred.

Information concerning any aspect of this order may be obtained by contacting Mary Risner, Staff Attorney at (512) 239-6224 or John Mead, Enforcement Coordinator at (512) 239-6010, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding AMERICAN ECOLOGY ENVIRONMENTAL SERVICES CORP., Docket Number 96-1533-MLM-E (Account Number SK-0057-E; SWR No. 32123) on January 27, 1998 assessing $71,700 in administrative penalties with $71,700 deferred.

Information concerning any aspect of this order may be obtained by contacting Bill Ballard, Staff Attorney at (512) 239-3420 or Mohammed Moheeth, Enforcement Coordinator at (512) 239-2262 or Suzanne Walrath, Enforcement Coordinator at (512) 239-2134, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An order was entered regarding PATEL NIRANJIN S. DBA CARABAN MOTOR MOTEL, Docket Number. 96-1605-MWD-E, SOAH Docket Number 582-97-0711 (Permit No. 11403-001) on January 27, 1998 assessing $19,420 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Guy Henry, Staff Attorney at (512) 239-0600 or Bill Main, Enforcement Coordinator at (512) 239-4481, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An order was entered regarding ALLPHAZ COATINGS, INC., Docket Number 96-1291-AIR-E, SOAH Docket Number 582-97-1204 (Account Number OC-0322-V) on January 27, 1998 assessing $9,300 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Booker Harrison, Staff Attorney at (512) 239-4113 or Larry King, Enforcement Coordinator at (512) 239-1405, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding RANGER EXCAVATING, INCORPORATED, Docket Number 97-0226-AIR-E (Account Number TH-0646-D) on January 27, 1998 assessing $6,000 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Kara Salmanson, Staff Attorney at (512) 239-1738 or Tel Croston, Enforcement Coordinator at (512) 239-5717, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding SMITH SYSTEM MANUFACTURING COMPANY, Docket Number 97-0789-AIR-E (Account Number CP-0005-U) on January 27, 1998 assessing $4,250 in administrative penalties with $850 deferred.

Information concerning any aspect of this order may be obtained by contacting David Edge, Enforcement Coordinator at (512) 239-1779, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding TRIBY AUTO SALES, Docket Number 97-0742-AIR-E (Account Number EE-1561-O) on January 27, 1998 assessing $500 in administrative penalties with $100 deferred.

Information concerning any aspect of this order may be obtained by contacting Stacy Young, Enforcement Coordinator at (512) 239-1899, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding IBP, INCORPORATED, Docket Number 97-0578-IWD-E (Permit Number 01958) on January 27, 1998 assessing $64,000 in administrative penalties with $12,800 deferred.

Information concerning any aspect of this order may be obtained by contacting Paul Sarahan, Staff Attorney at (512) 239-3422, or Sabelyn Pussman, Enforcement Coordinator at (512) 239-6061, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding HECTOR GARCIA, Docket Number 97-0521-OSI-E (Certification Number 1079) on January 27, 1998 assessing $1,250 in administrative penalties with $250 deferred.

Information concerning any aspect of this order may be obtained by contacting Merrilee Mears, Enforcement Coordinator at (512) 239-4490, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding LOOP 1604 GROUP, Docket Number 97-0413-EAQ-E (No Permit Number)on January 27, 1998 assessing $18,160 in administrative penalties with $3,632 deferred.

Information concerning any aspect of this order may be obtained by contacting Pamela Campbell, Enforcement Coordinator at (512) 239-4493, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding JOINT CITIES AND CRESTMORE, INCORPORATED, Docket Number 97-0522-MSW-E (MSW NO 505)on January 27, 1998 assessing $10,560 in administrative penalties with $2,112 deferred.

Information concerning any aspect of this order may be obtained by contacting Tim Haase, Enforcement Coordinator at (512) 239-6007, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding TRI-STATE CHEMICALS, INCORPORATED, Docket Number. 97-0665-IHW-E (TNRCC F Number F0094) on January 27, 1998 assessing $3920 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Ravi Rao, Enforcement Coordinator at (512) 239-2559, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding NORTH EAST INDEPENDENT SCHOOL DISTRICT, Docket Number 97-0199-MSW-E (Unauthorized Site Number 455130033) on January 27, 1998 assessing $8,580 in administrative penalties with $1,716 deferred.

Information concerning any aspect of this order may be obtained by contacting Eric Adidas, Enforcement Coordinator at (512) 239-6736, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding D-S-M DAIRY FARMS, INCORPORATED, Docket Number 97-0735-AGR-E (No Permit No.) on January 27, 1998 assessing $1,860 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Michael Meyer, Enforcement Coordinator at (512) 239-4492, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding WEBB, COUNTY OF, Docket Number 97-0490-MWD-E (Permit Number 13577-001) on January 27, 1998 assessing $6,400 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Michael Meyer, Enforcement Coordinator at (512) 239-4492, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding MARLIN, CITY OF, Docket Number 97-0335-MWD-E (Permit Number 10110-002) on January 27, 1998 assessing $11,360 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Lin Zhang, Enforcement Coordinator at (512) 239-4497, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding EDNA, CITY OF, Docket Number 97-0167-MWD-E (Permit Number 10164-001) on January 27, 1998 assessing $11,520 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Greg Warmink, Staff Attorney at (512) 239-0612 Mary Smith, Enforcement Coordinator at (512) 239-4484, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding KINGSVILLE, CITY OF, Docket Number 97-0414-MWD-E (Permit Number 10696-002) on January 27, 1998 assessing $14,240 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Merrilee Mears, Enforcement Coordinator at (512) 239-4490 Greg Warmink, Staff Attorney at (512) 239-0612, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding GRAFORD, CITY OF, Docket Number 97-0848-MWD-E (Permit Number 10722-001) on January 27, 1998.

Information concerning any aspect of this order may be obtained by contacting Lin Zhang, Enforcement Coordinator at (512) 239-4497, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding CHRISTIAN TABERNACLE, Docket Number 97-0461-MWD-E (Permit Number 13581-001) on January 27, 1998 assessing $3,120 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Bill Main, Enforcement Coordinator at (512) 239-4481, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding MARTIN REALTY AND LAND, INCORPORATED, Docket Number 97-0462-MWD-E (Permit Number 12621-001) on January 27, 1998 assessing $2,160 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Bill Main, Enforcement Coordinator at (512) 239-4481, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding NEW SUMMERFIELD, CITY OF, Docket Number 97-0336-MWD-E (Permit Number 13585-001) on January 27, 1998 assessing $2,918 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Bill Main, Enforcement Coordinator at (512) 239-4481, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding HUGHES SPRINGS, CITY OF, Docket Number 97-0488-MWD-E (Permit Number 10415-001) on January 27, 1998 assessing $1,440 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Bill Main, Enforcement Coordinator at (512) 239-4481, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding NORTHEAST TEXAS COMMUNITY COLLEGE, Docket Number 97-0628-MWD-E (No TNRCC Permit) on January 27, 1998 assessing $600 in administrative penalties with $120 deferred.

Information concerning any aspect of this order may be obtained by contacting Gilbert Angelle, Enforcement Coordinator at (512) 239-4489, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding SUNBELT FRESH WATER SUPPLY DISTRICT, Docket Number 97-0463-MWD-E (Permit Number 11670-001) on January 27, 1998 assessing $1,920 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Bill Main, Enforcement Coordinator at (512) 239-4481, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding ROBERT LEE, CITY OF, Docket Number 97-0360-MWD-E (Permit Number 10603-002) on January 27, 1998 assessing $2,880 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Gilbert Angelle, Enforcement Coordinator at (512) 239-4489 Greg Warmink, Staff Attorney at (512) 239-0612, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding SHARYLAND INDEPENDENT SCHOOL DISTRICT, Docket Number. 97-0638-MWD-E (No TNRCC Permit) on January 27, 1998 assessing $1,680 in administrative penalties with $336 deferred.

Information concerning any aspect of this order may be obtained by contacting Gilbert Angelle, Enforcement Coordinator at (512) 239-4489, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding WILLOW RUN PUBLIC SERVICE, INCORPORATED, Docket Number. 97-0491-MWD-E (Permit Number 10699-001) on January 27, 1998 assessing $18,600 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Gilbert Angelle, Enforcement Coordinator at (512) 239-4489, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding CADDO PARK WATER SYSTEM, INCORPORATED, Docket Number 97-0659-PWS-E (PWS Number 0430072) on January 27, 1998 assessing $630 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Katharine Wheatley, Enforcement Coordinator at (512) 239-4757, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding BRIEN AND PRISCILLA HICKMAN DBA HILLTOP MHP, Docket Number 97-0634-PWS-E (PWS Number 0130019) on January 27, 1998 assessing $480 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Katharine Wheatley, Enforcement Coordinator at (512) 239-4497, or Lin Zhang, Enforcement Coordinator at (512) 239-4497, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding LATIN AMERICAN BIBLE INSTITUTE, Docket Number 97-0641-PWS-E (PWS Number 0150379)on January 27, 1998 assessing $630 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Michael Meyer, Enforcement Coordinator at (512) 239-4492, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding JUAN HERNANDEZ DBA DIANE'S MOBILE HOME PARK, Docket Number 97-0640-PWS-E (PWS No. 0200424) on January 27, 1998 assessing $480 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Michael Meyer, Enforcement Coordinator at (512) 239-4492, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding ROBERT MOORE DBA MOORE'S MOBILE HOME PARK, Docket Number 97-0633-PWS-E (PWS Number 0150243) on January 27, 1998 assessing $480 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Michael Meyer, Enforcement Coordinator at (512) 239-4492, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

A default order was entered regarding PRODUCERS GRAIN AND SUPPLY OF ROCHESTER, INC., Docket Number 97-0712-PST-E (Facility ID Number 37226, Enforcement ID Number 11449) on January 27, 1998 assessing $36,6650 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Lisa Newcombe, Staff Attorney at (512) 239-2269, or Craig Carson Enforcement Coordinator at (512) 239-2175, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

A default order was entered regarding HIGHNESS, INCORPORATED, Docket Number 97-0187-PST-E (Enforcement ID Number 5663) on January 27, 1998 assessing $5,400 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Tracy L. Harrison, Staff Attorney at (512) 239-1736, or Srini Kusumanchi, Enforcement Coordinator at (512) 239-5874, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding MR. BHASKAR PATEL, MS. SHETAL GADKARI, S. LAM, Docket Number 96-1162-PST-E (Facility Number. 59274, Enforcement ID Number 5322) on January 27, 1998 assessing $6,600 in administrative penalties with $1,320 deferred.

Information concerning any aspect of this order may be obtained by contacting Walter Ehresman, Staff Attorney at (512) 239-0600, or Sushil Modak, Enforcement Coordinator at (512) 239-1045, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

TRD-9801601

Eugenia K. Brumm, Ph.D.

Chief Clerk

Texas Natural Resource Conservation Commission

Filed: February 4, 1998

The Texas Natural Resource Conservation Commission (TNRCC or commission) Staff is providing an opportunity for written public comment on the listed Agreed Orders (AOs) pursuant to Texas Water Code (the Code), §7.075, which requires that the TNRCC may not approve these AOs unless the public has been provided an opportunity to submit written comments. Section 7.075 requires that notice of the proposed orders and of the opportunity to comment must be published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is March 15, 1998. Section 7.075 also requires that the TNRCC promptly consider any written comments received and that the TNRCC may withhold approval of an AO if a comment discloses facts or considerations that indicate the proposed AO is inappropriate, improper, inadequate, or inconsistent with the requirements of the Code or the Health and Safety Code, the Texas Clean Air Act (the Act). Additional notice is not required if changes to an AO are made in response to written comments.

A copy of each of the proposed AOs is available for public inspection at both the TNRCC's Central Office, located at 12100 Park 35 Circle, Building C, 1st Floor, Austin, Texas 78753, (512) 239-1864 and at the applicable Regional Office listed as follows. Written comments about these AOs should be sent to the enforcement coordinator designated for each AO at the TNRCC's Central Office at P.O. Box 13087, Austin, Texas 78711-3087 and must be received by 5:00 p.m. on March 15, 1998. Written comments may also be sent by facsimile machine to the enforcement coordinator at (512) 239-2550. The TNRCC enforcement coordinators are available to discuss the AOs and/or the comment procedure at the listed phone numbers; however, §7.075 provides that comments on the AOs should be submitted to the TNRCC in writing.

(1)COMPANY: Buster Paving Company, Incorporated; DOCKET NUMBER: 97-0569-AIR-E; IDENTIFIER: Account Number TF-0008-R; LOCATION: Mount Pleasant, Titus County, Texas; TYPE OF FACILITY: asphaltic concrete plant and concrete batch plant; RULE VIOLATED: 30 TAC §116.115(a), §106.201, Permit Number 9578, Agreed Order Number 95-0006-AIR-E, and the Act, §382.085(b), by exceeding the permitted production rate of 250 tons per hour, by emitting, from the asphaltic concrete plant's baghouse, particulate matter exceeding 5.0% opacity averaged over a six-minute period, by emitting excessive dust emissions from the cement silo baghouse, by using 100% recycled asphalt product (RAP) in violation of permitted allowable of 35%, by adding the RAP mixture to the drum mixer in the combustion zone that was not shielded by a veil of raw aggregate, and by emitting excessive dust emissions from the asphaltic concrete plant's baghouse stack; and 30 TAC §101.6(a), §101.7(a), Agreed Order Number 95-0006-AIR-E, and the Act, §382.085(b), by failing to notify the TNRCC of an upset condition and by failing to maintain pollution abatement equipment in good working order; PENALTY: $13,000; ENFORCEMENT COORDINATOR: Suzanne Walrath, (512) 239-2134; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.

(2)COMPANY: The City of Bloomburg; DOCKET NUMBER: 97-1020-MWD-E; IDENTIFIER: Enforcement Identification Number 8309; LOCATION: Bloomburg, Cass County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: The Code, §26.121, by discharging wastewater without a permit; PENALTY: $0; ENFORCEMENT COORDINATOR: Mike Meyer, (512) 239-4492; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.

(3)COMPANY: The City of Dublin; DOCKET NUMBER: 97-1054-MWD-E; IDENTIFIER: Permit Number 10405-001; LOCATION: Dublin, Erath County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: Permit Number 10405-001 and the Code, §26.121, by failing to comply with the daily average five-day biochemical oxygen demand limitation of 63 pounds per day; PENALTY: $0; ENFORCEMENT COORDINATOR: Mary Smith, (512) 239-4484; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 469-6750.

(4)COMPANY: The City of Milford; DOCKET NUMBER: 97-0985-MWD-E; IDENTIFIER: Permit Number 10730-001 (expired); LOCATION: Milford, Ellis County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: The Code, §26.121, by operating without a permit and continuing to discharge without authorization; PENALTY: $3,360; ENFORCEMENT COORDINATOR: Lin Zhang, (512) 239-4497; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 469-6750.

(5)COMPANY: Laurence Clowdus; DOCKET NUMBER: 97-0607-AGR-E; IDENTIFIER: Enforcement Identification Number 11484; LOCATION: Alvarado, Johnson County, Texas; TYPE OF FACILITY: dairy; RULE VIOLATED: 30 TAC §321.31 and the Code, §26.121, for unauthorized discharges of wastewater; and 30 TAC §321.35(a), for failure to provide adequate facilities; PENALTY: $12,240; ENFORCEMENT COORDINATOR: Merrilee Mears, (512) 239-4490; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 469-6750.

(6)COMPANY: First Motor Sales; DOCKET NUMBER: 97-1032-AIR-E; IDENTIFIER: Account Number DB-3394-W; LOCATION: Dallas, Dallas County, Texas; TYPE OF FACILITY: used car sales; RULE VIOLATED: 30 TAC §114.1(c)(2) and the Act, §382.085(b), by offering for sale a vehicle with required emission control systems and/or devices not in good operable condition; PENALTY: $400; ENFORCEMENT COORDINATOR: Carl Schnitz, (512) 239-1892; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 469-6750.

(7)COMPANY: Caleb Brett, USA, Inc. DOING BUSINESS AS Intertek Testing Services; Mr. G. J. Lees; DOCKET NUMBER: 95-0880-IHW-E; IDENTIFIER: Solid Waste Registration Number 75026 and nited States Environmental Protection Agency Identification Number TXD982563686; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: chemical testing laboratory; RULE VIOLATED: 30 TAC §335.69(a)(2)-(4), by failing to mark hazardous waste containers with the words "hazardous waste" and with the date upon which accumulation began and by failing to provide documentation demonstrating the facility had a personnel training program; 30 TAC §335.112(a)(3), by failing to keep a copy of a contingency plan on file at the facility; 30 TAC §335.511(a)(1)-(4) and §335.513(c), by failing to provide documentation in support of the use of process knowledge used to classify their wastes; 30 TAC §335.431, by failing to maintain documentation used to determine that certain hazardous wastes shipped from the facility were restricted from land disposal; 30 TAC §335.9(a)(1)(A)-(C) and (E)-(G), by failing to have records regarding management of hazardous waste; the Code, §26.121, by failing to prevent unauthorized discharges of contaminants to the ground in the area of a 500-gallon above ground storage tank; 30 TAC §335.112(a)(8), by failing to conduct weekly inspections of hazardous waste containers, by failing to store containers holding hazardous waste at least 50 feet from the facility's property line, and by failing to segregate containers holding incompatible waste by physical separation or barrier; and 30 TAC §335.69(d), by failing to label containers holding hazardous waste in a satellite accumulation area with the words "hazardous waste" or with words identifying its contents; PENALTY: $8,000; ENFORCEMENT COORDINATOR: Thomas C. Greimel, (512) 239-5690; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(8)COMPANY: Jo Ann Davis dba Jo Ann's Day Camp; DOCKET NUMBER: 97-0551-PWS-E; IDENTIFIER: Public Water Supply Number 1012907; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: public drinking water; RULE VIOLATED: 30 TAC §290.120(b)(1) and (c)(5) and the Texas Health and Safety Code (THSC), §341.031, by failing to submit a site selection form for copper and lead sampling and by failing to submit a water sample from the facility for copper and lead analysis; and the THSC, §341.041, by failing to pay the public health service fee; PENALTY: $630; ENFORCEMENT COORDINATOR: Bhasker Reddi, (512) 239-6646; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(9)COMPANY: Kwik Industries, Incorporated; DOCKET NUMBER: 97-1122-EAQ-E; IDENTIFIER: Enforcement Identification Number 11894; LOCATION: Austin, Travis County, Texas; TYPE OF FACILITY: oil change; RULE VIOLATED: 30 TAC §213.4(a) and the Code, §26.121, by failing to receive approval from the executive director of the TNRCC prior to commencing construction in the Edwards Aquifer Zone; PENALTY: $200; ENFORCEMENT COORDINATOR: Laurie Eaves, (512) 239-4495; REGIONAL OFFICE: 1921 Cedar Bend, Suite 150, Austin, Texas 78758-5336, (512) 339-2929.

(10)COMPANY: Ruben Garansuay dba Lakeview Subdivision aka Lakeside Subdivision; DOCKET NUMBER: 96-1029-PWS-E; IDENTIFIER: Public Water Supply Number 1330150; LOCATION: San Antonio, Kerr County, Texas; TYPE OF FACILITY: public water system; RULE VIOLATED: 30 TAC §290.106(a), by failing to collect and submit for analysis at least one sample of water from the distribution system; 30 TAC §290.42(e)(4), by failing to provide continuous mechanical chlorination equipment; 30 TAC §290.46(f)(2), by failing to provide a chlorine test kit; 30 TAC §290.46(f)(2)(B), by failing to collect weekly chlorine residual tests; 30 TAC §290.46(e), by failing to have the water system under the direct supervision of a competent water works operator holding a valid certificate of competency; 30 TAC §290.106(a)(1), by failing to provide a sample siting plan; 30 TAC §290.46(n), by failing to provide a map of the distribution system; 30 TAC §290.46(w), by failing to provide a legible sign at each production, treatment and storage facility with the name of the water supply and an emergency phone number; 30 TAC §290.43(c)(2), by failing to have the ground storage tank roof hatch locked; 30 TAC §290.46(p), by failing to inspect ground storage tanks and pressure tank annually; 30 TAC §290.46(j), by failing to have an agreement with each water customer to allow inspection of individual water facilities; 30 TAC §290.45(b)(1)(B)(iii), by failing to provide a service pump capacity of two gallons per minute per connection; 30 TAC §290.45(b)(1)(B)(iv), by failing to provide pressure tank capacity of 20 gallons per connection with a maximum of 30,000 gallons; 30 TAC §290.41(c)(1)(F), by failing to secure a sanitary easement covering all property within 150 feet of the well location; 30 TAC §290.41(c)(3)(K), by failing to seal the wellhead and by failing to provide the well with a screened casing vent; 30 TAC §290.30(d), by failing to submit plans by a registered professional engineer for review; and 30 TAC §290.41(c)(3)(A), by failing to submit well completion data; PENALTY: $2,309; ENFORCEMENT COORDINATOR: Tom Napier, (512) 239-6063; REGIONAL OFFICE: 140 Heimer Road, Suite 360, San Antonio, Texas 78232-5042, (210) 490-3096.

(11)COMPANY: Leon Springs Business and Office Park; DOCKET NUMBER: 97-0552-PWS-E; IDENTIFIER: Public Water Supply Number 0150441; LOCATION: San Antonio, Bexar County, Texas; TYPE OF FACILITY: public drinking water; RULE VIOLATED: 30 TAC §290.120(b)(1) and (c)(5) and the THSC, §341.031, by failing to submit a site selection form for lead and copper sampling and by failing to submit water samples for copper and lead analysis; PENALTY: $630; ENFORCEMENT COORDINATOR: Bhasker Reddi, (512) 239-6646; REGIONAL OFFICE: 140 Heimer Road, Suite 360, San Antonio, Texas 78232-5042, (210) 490-3096.

(12)COMPANY: Jeff Cummings doing business as Mid-Lake Septic Service; DOCKET NUMBER: 97-0716-SLG-E; IDENTIFIER: Enforcement Identification Number 8676; LOCATION: Hemphill, San Augustine County, Texas; TYPE OF FACILITY: beneficial land use; RULE VIOLATED: 30 TAC §312.4(c) and the Code, §26.121, by transporting and disposing of at least one load of septage on an unregistered beneficial land use site; PENALTY: $0; ENFORCEMENT COORDINATOR: Pam Campbell, (512) 239-4493; REGIONAL OFFICE: 3870 Eastex Freeway, Suite 110, Beaumont, Texas 77703-1892, (409) 898-3838.

(13)COMPANY: Par Products; DOCKET NUMBER: 97-0882-AIR-E; IDENTIFIER: Account Number CP-0356-L; LOCATION: Wylie, Collin County, Texas; TYPE OF FACILITY: tire plug manufacturing plant; RULE VIOLATED: 30 TAC §116.115, Permit Number 32609, and the Act, §382.085(b), by failing to switch to the inactive carbon bed once breakthrough was reached and by failing to comply with the hourly volatile organic compound (VOC) emission rate limit of 6.31 pounds per hour; and 30 TAC §115.426(a)(2)(A)(iii) and the Act, §382.085(b), by failing to install and maintain a monitor to accurately and continuously measure and record the concentration of VOCs in the gas stream exiting the carbon adsorption system; PENALTY: $9,000; ENFORCEMENT COORDINATOR: David Edge, (512) 239-1779; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 469-6750.

(14)COMPANY: Pine Trails Utility Company Incorporated; DOCKET NUMBER: 97-0783-PWS-E; IDENTIFIER: Public Water Supply Number 1010535; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: public drinking water; RULE VIOLATED: 30 TAC §290.105, by exceeding the maximum contaminant level for coliform bacteria; PENALTY: $780; ENFORCEMENT COORDINATOR: Sabelyn Pussman, (512) 239-6061; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(15)COMPANY: Henry Harris dba Plaza Water Utility; DOCKET NUMBER: 97-0875-PWS-E; IDENTIFIER: Public Water Supply Number 0140167; LOCATION: Nolanville, Bell County, Texas; TYPE OF FACILITY: public drinking water; RULE VIOLATED: 30 TAC §290.106 and the THSC, §341.003(d), by failing to submit water samples for bacteriological analysis; and 30 TAC §290.51 and the THSC, §341.041, by failing to pay the public health service fee; PENALTY: $1,030; ENFORCEMENT COORDINATOR: Gilbert Angelle, (512) 239-4489; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7807, (254) 751-0335.

(16)COMPANY: Clay Price and Tate Price dba Ridgeway Dairy; DOCKET NUMBER: 97-0984-AGR-E; IDENTIFIER: Enforcement Identification Number 11665; LOCATION: Sulphur Springs, Hopkins County, Texas; TYPE OF FACILITY: animal feeding operation; RULE VIOLATED: 30 TAC §321.33(d) and the Code, §26.121, by operating a confined animal feeding operation with more than 250 head of cattle without a permit; PENALTY: $3,240; ENFORCEMENT COORDINATOR: Mary Smith, (512) 239-4484; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.

(17)COMPANY: Juan Antonio Rodriguez; DOCKET NUMBER: 97-0470-OSI-E; IDENTIFIER: Enforcement Identification Number 11987; LOCATION: Uvalde, Uvalde County, Texas; TYPE OF FACILITY: on-site sewage installer; RULE VIOLATED: The THSC, §366.004, by installing an on-site sewage facility without an installer's certificate of registration; PENALTY: $1,250; ENFORCEMENT COORDINATOR: Brian Lehmkuhle, (512) 239-4482; REGIONAL OFFICE: 140 Heimer Road, Suite 360, San Antonio, Texas 78232-5042, (210) 490-3096.

(18)COMPANY: Bob Schouten dba Schouten Golden Star Dairy; DOCKET NUMBER: 97-1005-AGR-E; IDENTIFIER: Permit Number 03656; LOCATION: near Hico, Bosque County, Texas; TYPE OF FACILITY: dairy; RULE VIOLATED: 30 TAC §321.31, Permit Number 03656, and the Code, §26.121, by having tail water runoff from irrigation running off-site and into a road side ditch; PENALTY: $3,320; ENFORCEMENT COORDINATOR: Laurie Eaves, (512) 239-4495; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7807, (254) 751-0335 and 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 469-6750.

(19)COMPANY: Southwestern Electric Power Company; DOCKET NUMBER: 97-0987-IWD-E; IDENTIFIER: Permit Number 01811; LOCATION: Cason, Titus County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: Permit Number 01811 and the Code, §26.121, by exceeding the permit limit for the daily average aluminum concentration; PENALTY: $1,920; ENFORCEMENT COORDINATOR: Lin Zhang, (512) 239-4497; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.

(20)COMPANY: The University of Texas at El Paso; DOCKET NUMBER: 97-1022-MWD-E; IDENTIFIER: Enforcement Identification Number 11874; LOCATION: El Paso, El Paso County, Texas; TYPE OF FACILITY: arena and athletic complex; RULE VIOLATED: The Code, §26.121, by having an unauthorized discharge of water runoff containing detergent soap and acrylic paint residue; PENALTY: $600; ENFORCEMENT COORDINATOR: Bill Main, (512) 239-4481; REGIONAL OFFICE: 7500 Viscount Boulevard, Suite 147, El Paso, Texas 79925-5633, (915) 778-9634.

TRD-9801499

Kevin McCalla

Director, Legal Division

Texas Natural Resource Conservation Commission

Filed: February 3, 1998

The Texas Natural Resource Conservation Commission (TNRCC) Staff is providing an opportunity for written public comment on the listed Default Order. The TNRCC Staff proposes Default Orders when the Staff has sent an Executive Director's Preliminary Report and Petition (EDPRP) to an entity outlining the alleged violations; the proposed penalty; and the proposed technical requirements necessary to bring the entity back into compliance, and the entity fails to request a hearing on the matter within 20 days of its receipt of the EDPR. Similar to the procedure followed with respect to Agreed Orders entered into by the executive director of the TNRCC pursuant to the Texas Water Code, §7.075, this notice of the proposed orders and the opportunity to comment is published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is March 4, 1998. The TNRCC will consider any written comments received and the TNRCC may withdraw or withhold approval of a Default Order if a comment discloses facts or consideration that indicate that the consent to the proposed Default Order is inappropriate, improper, inadequate, or inconsistent with the requirements of the statutes and rules within the TNRCC's jurisdiction, or the TNRCC's orders and permits issued pursuant to the TNRCC's regulatory authority. Additional notice of changes to a proposed Default Order is not required to be published if those changes are made in response to written comments.

A copy of the proposed Default Order is available for public inspection at both the TNRCC's Central Office, located at 12100 Park 35 Circle, Building A, Third Floor, Austin, Texas 78753, (512) 239-3400 and at the applicable Regional Office listed as follows. Written comments about the Default Order should be sent to the attorney designated for the Default Order at the TNRCC's Central Office at P.O. Box 13087, MC 175, Austin, Texas 78711-3087 and must be received by 5:00 p.m. on March 4, 1998 . Written comments may also be sent by facsimile machine to the attorney at (512) 239-3434. The TNRCC attorneys are available to discuss the Default Order and/or the comment procedure at the listed phone numbers; however, comments on the Default Order should be submitted to the TNRCC in writing .

(1)COMPANY: Ali Aftab doing business as Super Dooper Food Mart; DOCKET NUMBER: 97-0265-PWS-E; ACCOUNT NUMBER: PWS ID Number 1012943; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: public drinking water system; RULES VIOLATED: 30 TAC §341.033(d) and Texas Health and Safety Code, §290.106 by failing to submit commission water samples for six separate months; PENALTY: $880; STAFF ATTORNEY: Kara Salmanson, Litigation Support Division, MC 175, (512) 239-1738; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

TRD-9801506

Kevin McCalla

Director, Legal Division

Texas Natural Resource Conservation Commission

Filed: February 3, 1998

The Texas Natural Resource Conservation Commission (TNRCC) Staff is providing an opportunity for written public comment on the listed Agreed Orders (AOs) pursuant to the Texas Water Code (TWC), §7.075. Section 7.705 requires that before the TNRCC may approve these AOs, the TNRCC shall allow the public an opportunity to submit written comments on the proposed AOs. Section 7.075 requires that notice of the opportunity to comment must be published in the Texas Register not later than the 30th day before the date on which the public comment period closes, which in this case is March 4, 1998. Section 7.075 also requires that the TNRCC promptly consider any written comments received and that the TNRCC may withdraw or hold approval of an AO if a comment discloses facts or considerations that the consent is inappropriate, improper, inadequate, or inconsistent with the requirements of the statutes and rules within the TNRCC's Orders and permits issued pursuant to the TNRCC's regulatory authority. Additional notice of changes to a proposed AO is not required to be published if those changes are made in response to written comments.

A copy of each of the proposed AOs is available for public inspection at both the TNRCC's Central Office, located at 12100 Park 35 Circle, Building A, Third Floor, Austin, Texas 78753, (512) 239-3400 and at the applicable Regional Office listed as follows. Written comments about these AOs should be sent to the attorney designated for each AO at the TNRCC's Central Office at P.O. Box 13087, MC 175, Austin, Texas 78711-3087 and must be received by 5:00 p.m. on March 4, 1998. Written comments may also be sent by facsimile machine to the attorney at (512) 239-3434. The TNRCC attorneys are available to discuss the AOs and/or the comment procedure at the listed phone numbers; however, Section 7.075 provides that comments on the AOs should be submitted to the TNRCC in writing.

(1)COMPANY: Apache Shores Utility; DOCKET NUMBER: 95-0819-PWS-E; ACCOUNT NUMBER: PWS Number 2270031, CCN Number 10309; LOCATION: Travis County, Texas; TYPE OF FACILITY: community public water system; RULES VIOLATED: 30 TAC §290.45(b)(1)(D)(i) by failing to provide a water well capacity of 0.6 gallon per minute per connection; 30 TAC §290.45(b)(1)(D)(i) by failing to provide a pressure tank capacity of 20 gallons per connection; 30 TAC §290.44(d)(1) by failing to maintain a minimum pressure of 35 pounds per square inch at all points in the distribution system; 30 TAC §290.113 by failing to provide water which complies with sulfate, fluoride, and total dissolved solids maximum contaminant limits; PENALTY: $110,000; STAFF ATTORNEY: Guy Henry, Litigation Support Division, MC 175, (512) 239-6259; REGIONAL OFFICE: 1921 Cedar Bend, Suite 150, Austin, Texas 78758-5336, (512) 339-2929.

(2)COMPANY: Billie E. Newsom; DOCKET NUMBER: 97-0362-AGR-E; ACCOUNT NUMBER: Permit Number 03801; LOCATION: Godley, Johnson County, Texas; TYPE OF FACILITY: dairy; RULES VIOLATED: TWC, §26.121, and Permit Number 03801 by allowing an unauthorized discharge; TNRCC Permit Number 03801 by failing to construct the facilities and failing to maintain adequate waste disposal records; PENALTY: $7,440; STAFF ATTORNEY: Kathy Keils, Litigation Support Division, MC 175, (512) 239-0678; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 469-6750.

(3)COMPANY: Chavez Trucking; DOCKET NUMBER: 97-0744-AIR-E; ACCOUNT NUMBER: EE-0461-D; LOCATION: El Paso, El Paso County, Texas; TYPE OF FACILITY: trucking company; RULES VIOLATED: 30 TAC §111.143(3)(B) and Texas Health and Safety Code (THSC), §382.085(b) by transporting particulate material in open-bodied trucks or trailers without a complete cover on five separate occasions on the public streets in the City of El Paso; PENALTY: $3,000; STAFF ATTORNEY: Thomas Corwin, Litigation Support Division, MC 175, (512) 239-5915; REGIONAL OFFICE: 7500 Viscount Boulevard, Suite 147, El Paso, Texas 79925-5633, (915) 778-9634.

(4)COMPANY: City of Dallas; DOCKET NUMBER: 97-0196-MSW-E; ACCOUNT NUMBER: MSW Permit Number 62; LOCATION: Dallas, Dallas County, Texas; TYPE OF FACILITY: municipal solid waste disposal facility; RULES VIOLATED: 30 TAC §330.133(a) and TNRCC MSW Permit Number 62 by failing to maintain adequate daily cover for waste at the active disposal area; 30 TAC §330.132 and TNRCC MSW Permit Number 62 by failing to maintain adequate compaction for waste at the active disposal area; 30 TAC §330.111 and TNRCC MSW Permit Number 62 by depositing waste such that the actual landfill elevations were higher than permitted final contours; 30 TAC §330.111 and TNRCC MSW Permit Number 62 by failing to deposit waste in the filling sequence and direction in Cell 1, and by failing to construct a waste containment berm around the initial working face in Cell 1, as required by its Site Development Plan; PENALTY: $84,840; STAFF ATTORNEY: Lisa Uselton Dyar, Litigation Support Division, MC 175, (512) 239-5692; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 469-6750.

(5)COMPANY: Craig Penfold dba Village Oaks Mobile Home Community; DOCKET NUMBER: 97-0637-MWD-E; ACCOUNT NUMBER: TNRCC ID Number 12667-001; ENF ID 11433; LOCATION: Dallas, Denton-Tarrant County, Texas; TYPE OF FACILITY: wastewater treatment facility; RULES VIOLATED: Permit Number 12667-001 and TWC, §26.121 by discharging sludge from the facility, by failing to meet the permitted grab sample limit for BOD5, by failing to meet the permitted grab sample limit for total suspended solids, and by failing to meet the permitted minimum chlorine residual; PENALTY: $23,760; STAFF ATTORNEY: Cecily Small Gooch, Litigation Support Division, MC 175, (512) 239-2940; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 469-6750.

(6)COMPANY: John Daniel Workman; DOCKET NUMBER: 97-0525-WOC-E; ACCOUNT NUMBER: Wastewater Certificate of Competency Number 205-44-8576; LOCATION: Chambers County, Texas; TYPE OF FACILITY: certified wastewater operator for the Woodland Acres Wastewater Treatment Plant; RULES VIOLATED: 30 TAC §319.1, TWC, §26.121, and TNRCC Wastewater Certificate of Competency Number 205-44-8576 by falsifying the May 1995, June 1995, July 1995, December 1995, March 1996, and April 1996 monthly effluent reports and laboratory test results submitted to the commission; PENALTY: Wastewater Certificate of Competency Number 97-0525-WOC-E issued to John Daniel Workman shall be revoked for a period of not less than three years; STAFF ATTORNEY: Booker Harrison, Litigation Support Division, MC 175, (512) 239-4113; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(7)COMPANY: First Company; DOCKET NUMBER: 97-0653-IHW-E; ACCOUNT NUMBER: Enforcement ID Number 1560; LOCATION: Dallas, Dallas County, Texas; TYPE OF FACILITY: heating and air conditioning manufacturing facility; RULES VIOLATED: 30 TAC §335.69 and 40 Code of Federal Regulations (CFR) §262.34(b) by accumulating hazardous waste for longer than 90 days; 30 TAC §335.9(a)(1) and 40 CFR §264.74 by failing to keep records of all hazardous waste and industrial solid waste activities regarding the quantities generated, stored, processed, and disposed of at the facility; 30 TAC §335.62 and §335.504 and 40 CFR §262.11 by failing to complete a hazardous waste determination for waste and other materials; 30 TAC §335.6 by failing to notify the TNRCC of its activities relating to the generation and storage of industrial solid waste; 30 TAC §335.431 and 40 CFR §268.7 by failing to include the land disposal restriction notice on the manifest for a shipment of mineral spirits of disposal; 30 TAC §335.63 and 40 CFR §262.12 by failing to obtain a United States Environmental Protection Agency Identification Number; 30 TAC §335.4 and TWC, §26.121(a)(2) by causing, suffering, allowing, or permitting the disposal of hazardous waste in such a manner as to cause an imminent threat of discharge of hazardous waste into or adjacent to the water in the State without obtaining specification authorization; 30 TAC §335.10 and 40 CFR §262.20 by failing to designate an authorized treatment, storage, and/or disposal facility to receive the mineral spirits; PENALTY: $22,920; STAFF ATTORNEY: Mary Risner, Litigation Support Division, MC 175, (512) 239-6224; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 469-6750.

(8)COMPANY: Frank's Custom Center; DOCKET NUMBER: 97-0547-AIR; ACCOUNT NUMBER: EE -0503-M; LOCATION: El Paso, El Paso County, Texas; TYPE OF FACILITY: operates a vehicle repair and refinishing operation; RULES VIOLATED: 30 TAC §115.422(1)(A) and THSC, §382.085(b) by failing to meet the control requirements for cleaning operations, 30 TAC §115.422(2) and THSC, §382.085(b) by failing to use high-volume, low-pressure spray guns; 30 TAC §115.426(a)(1)(A) and THSC, §382.085(b) by failing to maintain material safety data sheets on-site; 30 TAC §115.426(a)(1)(B) and THSC,§382.085(b) by failing to maintain coating and solvent usage records on-site; PENALTY: $500; STAFF ATTORNEY: Hodgson Eckel, Litigation Support Division, MC 175, (512) 239-2195; REGIONAL OFFICE: 7500 Viscount Boulevard, Suite 147, El Paso, Texas 79925-5633, (915) 778-9634.

(9)COMPANY: Jimmy Lenamond doing business as Big Creek West Subdivision Water System; DOCKET NUMBER: 97-0672-PWS; ACCOUNT NUMBER: 1470032 and Enforcement Number 6779; LOCATION: Limestone County, Texas; TYPE OF FACILITY: public drinking water system; RULES VIOLATED: 30 TAC §290.120(c)(5) and THSC, §341.031 by failing to submit water samples from said public water system for copper and lead analysis; THSC, §341.041 by failing to pay the Pubic Health Service fee for account number 91470032 for 1994, 1995, 1996, and 1997, resulting in an outstanding balance of $504.24; PENALTY: $630; STAFF ATTORNEY: Kara Salmanson, Litigation Support Division, MC 175, (512) 239-1738; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7807, (254) 751-0335.

(10)COMPANY: Quantum Tech, Incorporated aka R Cube S, Incorporated and Quantum Tech, L.L.C.; DOCKET NUMBER: 95-1672-MSW-E; ACCOUNT NUMBER: Municipal Solid Waste Registration Numbers 44105 and 79511A; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: waste tire storage facility; RULES VIOLATED: 30 TAC §330.835(b)(2)(A) by having stored tires in piles greater than 8,000 square feet in size; 30 TAC §330.835(b)(3) by failing to maintain the setback line free of high grass and weeds; 30 TAC §330.835(b)(4) by failing to control vectors at the facility; 30 TAC §330.835(b)(5) by failing to maintain all-weather roads and unobstructed fire lanes between tire piles; 30 TAC §330.835(b)(6) by failing to maintain the perimeter fence at the facility; 30 TAC §330.835(b)(8) by failing to have the required number of fully charged fire extinguishers at the facility; 30 TAC §330.835(b)(12) by failing to comply with City of Houston building, fire, and health codes; 30 TAC §330.835(d)(1)(B) by failing to maintain a copy of the commission's current rules at the facility; 30 TAC §330.835(d)(1)(B) by failing to maintain a copy of the facility's registration at the facility; THSC, §361.486(d) by failing to submit recycling information; PENALTY: $62,600; STAFF ATTORNEY: Kathy Keils, Litigation Support Division, MC 175, (512) 239-0678; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(11)COMPANY: Tejas Alternative Energy Systems, Incorporated doing business as Truck Shack; DOCKET NUMBER: 96-1896-AIR-E; ACCOUNT NUMBER: HX-0981-V; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: truck and RV repair and refinishing shop; RULES VIOLATED: 30 TAC §116.110(a), THSC, §382.0518(a) and §382.085(b) by conducting a painting operation without first obtaining a permit or satisfying the conditions of an exemption from permiting; 30 TAC §115.422(1)(A) and THSC, §382.085(b) by failing to have an operational enclosed cleaner to clean equipment; 30 TAC §115.422(1)(B) and THSC, §382.085(b) by failing to keep all wash solvent in an enclosed reservoir; 30 TAC §115.422(1)(C) and THSC, §382.085(b) by failing to keep all waste solvent in an enclosed container; 30 TAC §115.422(2) and THSC, §382.085(b) by failing to use a high-volume low-pressure spray gun for vehicle refinishing operations; PENALTY: $2,750; STAFF ATTORNEY: Tracy L. Harrison, Litigation Support Division, MC 175, (512) 239-1736; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

TRD-9801505

Kevin McCalla

Director, Legal Division

Texas Natural Resource Conservation Commission

Filed: February 3, 1998

Listed below are permits issued during the period of February 4, 1998

Application Number TA-7913 by Woerner Turf Group, Inc. for diversion of ten acre-feet in a one year period for irrigation (turf farm) use. Water may be diverted from the Red River, Red River Basin, approximately 18 miles northwest of Paris, Lamar County, Texas and approximately seven miles upstream in a northwest direction from the crossing of U.S. Hwy 271 and the Red River.

Appliction Number 7914 by Lonnell Timmons Construction for diversion of one acre-foot in a one year period for industrial (roadway construction) use. Water may be diverted from Cibolo Creek, San Antonio River Basin, approximately two miles northwest of Boerne, Kendall County, Texas at the crossing of I.H. 10 and Cibolo Creek.

Application Number TA-7915 by Duininck Bros., Inc. for diversion of ten acre-feet in a one year period for industrial (roadway construction) use. Water may be diverted from Henrietta Creek, Trinity River Basin, approximately 15 miles southwest of Denton, Denton County, Texas at the crossing of State Hwy ll4 and Henrietta Creek.

Application Number TA-7916 by AGS Partners for diversion of ten acre-feet in a one year period for mining (gas well drilling) use. Water may be diverted from a stock tank on a unnamed tributary of Arroyo Burro, Rio Grande Basin, approximately ten miles north of Zapata, Texas.

Application Number TA-7920 by Smith & Co. for diversion of two acre-feet in a one year period for industrial (roadway construction) use. Water may be diverted from a reservoir on Cat Creek, Brazos River Basin, approximately 12.5 miles north of Anderson, Grimes County, Texas and immediately southwest of State Hwy. 34.

Application Number TA-7922 by CITGO Pipeline Company for diversion of one acre-foot in a six month period for industrial (hydrostatic testing) use. Water may be diverted from Little Cypress Bayou, Sabine River Basin, approximately four miles northeast of Orange, Orange County, Texas in the vicinity of the crossing of F.M. 736 and Little Cypress Bayou.

The Executive Director of the TNRCC has reviewed each application for the permits listed and determined that sufficient water is available at the proposed point of diversion to satisfy the requirements of the application as well as all existing water rights. Any person or persons who own water rights or who are lawful users of water on a stream affected by the temporary permits listed above and who believe that the diversion of water under the temporary permit will impair their rights may file a complaint with the TNRCC. The complaint can be filed at any point after the application has been filed with the TNRCC and the time the permit expires. The Executive Director shall make an immediate investigation to determine whether there is a reasonable basis for such a complaint. If a preliminary investigation determines that diversion under the temporary permit will cause injury to the complainant the commission shall notify the holder that the permit shall be canceled without notice and hearing. No further diversions may be made pending a full hearing as provided in §295.174. Complaints should be addressed to Water Rights Permitting Section, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711, Telephone (512) 239-4433. Information concerning these applications may be obtained by contacting the Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711, Telephone (512) 239-3300.

TRD-9801600

Eugenia K. Brumm, Ph.D.

Chief Clerk

Texas Natural Resource Conservation Commission

Filed: February 4, 1998

Notice is given to the public of the filing with the Public Utility Commission of Texas on December 31, 1997, Southwestern Bell Telephone Company's Notification of a Customer- Specific Pricing Contract for Billing and Collection Services pursuant to the Public Utility Regulatory Act, Texas Utilities Code Annotated, (Vernon 1998) §58.103 (PURA).

Docket Number and Title. Notification of Southwestern Bell Telephone Company's Customer-Specific Pricing Contract for Billing and Collection Services with VarTec Telecom, Inc. Pursuant to PURA §58.103. Docket Number 18496.

The Application. Southwestern Bell Telephone Company filed revised tariff sheets with the General Billing and Collection Contract which reflect a range of rates for certain common customer-specific billing and collection service elements. Under PURA, Chapter 58, Subchapter D, Billing and Collection Services are classified as a discretionary service, and as such are subject to pricing flexibility, which includes customer-specific contracts.

Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas, by mail at P.O. Box 13326, Austin, Texas, 78711-3326, or call the Public Utility Commission Office of Customer Protection at (512) 936-7120 on or before February 19, 1998. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136.

TRD-9801535

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: February 3, 1998

Notice is given to the public of the filing with the Public Utility Commission of Texas on December 31, 1997, of Southwestern Bell Telephone Company's Notification of a Customer- Specific Pricing Contract for Billing and Collection Services pursuant to the Public Utility Regulatory Act, Texas Utilities Code Annotated, (Vernon 1998) §58.103 (PURA).

Docket Number and Title. Notification of Southwestern Bell Telephone Company's Customer-Specific Pricing Contract for Billing and Collection Services with USP&C, Inc. Pursuant to PURA §58.103. Docket Number 18497.

The Application. Southwestern Bell Telephone Company filed revised tariff sheets with the General Billing and Collection Contract which reflect a range of rates for certain common customer-specific billing and collection service elements. Under PURA, Chapter 58, Subchapter D, Billing and Collection Services are classified as a discretionary service, and as such are subject to pricing flexibility, which includes customer-specific contracts.

Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas, by mail at P.O. Box 13326, Austin, Texas, 78711-3326, or call the Public Utility Commission Office of Customer Protection at (512) 936-7120 on or before February 19, 1998. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136.

TRD-9801536

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: February 3, 1998

Notice is given to the public of the filing with the Public Utility Commission of Texas on December 31, 1997, of Southwestern Bell Telephone Company's Notification of a Customer- Specific Pricing Contract for Billing and Collection Services pursuant to the Public Utility Regulatory Act, Texas Utilities Code Annotated, (Vernon 1998) §58.103 (PURA).

Docket Number and Title. Notification of Southwestern Bell Telephone Company's Customer-Specific Pricing Contract for Billing and Collection Services with Teleplus, Inc. Pursuant to PURA §58.103. Docket Number 18498.

The Application. Southwestern Bell Telephone Company filed revised tariff sheets with the General Billing and Collection Contract which reflect a range of rates for certain common customer-specific billing and collection service elements. Under PURA, Chapter 58, Subchapter D, Billing and Collection Services are classified as a discretionary service, and as such are subject to pricing flexibility, which includes customer-specific contracts.

Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas, by mail at P.O. Box 13326, Austin, Texas, 78711-3326, or call the Public Utility Commission Office of Customer Protection at (512) 936-7120 on or before February 19, 1998. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136.

TRD-9801537

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: February 3, 1998

Notice is given to the public of the filing with the Public Utility Commission of Texas on December 31, 1997, of Southwestern Bell Telephone Company's Notification of a Customer- Specific Pricing Contract for Billing and Collection Services pursuant to the Public Utility Regulatory Act, Texas Utilities Code Annotated, (Vernon 1998) §58.103 (PURA).

Docket Number and Title. Notification of Southwestern Bell Telephone Company's Customer-Specific Pricing Contract for Billing and Collection Services with Telephone Billing Services, Inc. pursuant to PURA §58.103. Docket Number 18499.

The Application. Southwestern Bell Telephone Company filed revised tariff sheets with the General Billing and Collection Contract which reflect a range of rates for certain common customer-specific billing and collection service elements. Under PURA, Chapter 58, Subchapter D, Billing and Collection Services are classified as a discretionary service, and as such are subject to pricing flexibility, which includes customer-specific contracts.

Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas, by mail at P.O. Box 13326, Austin, Texas, 78711-3326, or call the Public Utility Commission Office of Customer Protection at (512) 936-7120 on or before February 19, 1998. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136.

TRD-9801538

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: February 3, 1998

Notice is given to the public of the filing with the Public Utility Commission of Texas on December 31, 1997, of Southwestern Bell Telephone Company's Notification of a Customer- Specific Pricing Contract for Billing and Collection Services pursuant to the Public Utility Regulatory Act, Texas Utilities Code Annotated, (Vernon 1998) §58.103 (PURA).

Docket Number and Title. Notification of Southwestern Bell Telephone Company's Customer-Specific Pricing Contract for Billing and Collection Services with Talton Telecommunications Corporation Pursuant to PURA § 58.103. Docket Number 18500.

The Application. Southwestern Bell Telephone Company filed revised tariff sheets with the General Billing and Collection Contract which reflect a range of rates for certain common customer-specific billing and collection service elements. Under PURA, Chapter 58, Subchapter D, Billing and Collection Services are classified as a discretionary service, and as such are subject to pricing flexibility, which includes customer-specific contracts.

Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas, by mail at P.O. Box 13326, Austin, Texas, 78711-3326, or call the Public Utility Commission Office of Customer Protection at (512) 936-7120 on or before February 19, 1998. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136.

TRD-9801539

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: February 3, 1998

Notice is given to the public of the filing with the Public Utility Commission of Texas on December 31, 1997, of Southwestern Bell Telephone Company's Notification of a Customer- Specific Pricing Contract for Billing and Collection Services pursuant to the Public Utility Regulatory Act, Texas Utilities Code Annotated, (Vernon 1998) §58.103 (PURA).

Docket Number and Title. Notification of Southwestern Bell Telephone Company's Customer-Specific Pricing Contract for Billing and Collection Services with Axces, Inc. Pursuant to PURA §58.103. Docket Number 18501.

The Application. Southwestern Bell Telephone Company filed revised tariff sheets with the General Billing and Collection Contract which reflect a range of rates for certain common customer-specific billing and collection service elements. Under PURA, Chapter 58, Subchapter D, Billing and Collection Services are classified as a discretionary service, and as such are subject to pricing flexibility, which includes customer-specific contracts.

Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas, by mail at P.O. Box 13326, Austin, Texas, 78711-3326, or call the Public Utility Commission Office of Customer Protection at (512) 936-7120 on or before February 19, 1998. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136.

TRD-9801540

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: February 3, 1998

Notice is given to the public of the filing with the Public Utility Commission of Texas on December 31, 1997, of Southwestern Bell Telephone Company's Notification of a Customer- Specific Pricing Contract for Billing and Collection Services pursuant to the Public Utility Regulatory Act, Texas Utilities Code Annotated, (Vernon 1998) §58.103 (PURA).

Docket Number and Title. Notification of Southwestern Bell Telephone Company's Customer-Specific Pricing Contract for Billing and Collection Services with ILD Teleservices Pursuant to PURA §58.103. Docket Number 18505.

The Application. Southwestern Bell Telephone Company filed revised tariff sheets with the General Billing and Collection Contract which reflect a range of rates for certain common customer-specific billing and collection service elements. Under PURA, Chapter 58, Subchapter D, Billing and Collection Services are classified as a discretionary service, and as such are subject to pricing flexibility, which includes customer-specific contracts.

Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas, by mail at P.O. Box 13326, Austin, Texas, 78711-3326, or call the Public Utility Commission Office of Customer Protection at (512) 936-7120 on or before February 19, 1998. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136.

TRD-9801544

Rhonda Dempsey

Rules Coordinator

Public Utility Commission

Filed: February 3, 1998

Notice is given to the public of the filing with the Public Utility Commission of Texas on December 31, 1997, of Southwestern Bell Telephone Company's Notification of a Customer- Specific Pricing Contract for Billing and Collection Services pursuant to the Public Utility Regulatory Act, Texas Utilities Code Annotated, (Vernon 1998) §58.103 (PURA).

Docket Number and Title. Notification of Southwestern Bell Telephone Company's Customer-Specific Pricing Contract for Billing and Collection Services with International Telecommunications Corporation Pursuant to PURA §58.103. Docket Number 18502.

The Application. Southwestern Bell Telephone Company filed revised tariff sheets with the General Billing and Collection Contract which reflect a range of rates for certain common customer-specific billing and collection service elements. Under PURA, Chapter 58, Subchapter D, Billing and Collection Services are classified as a discretionary service, and as such are subject to pricing flexibility, which includes customer-specific contracts.

Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas, by mail at P.O. Box 13326, Austin, Texas, 78711-3326, or call the Public Utility Commission Office of Customer Protection at (512) 936-7120 on or before February 19, 1998. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136.

TRD-9801541

Rhonda Dempsey

Rules Coordinator

Public Utility Commission

Filed: February 3, 1998

Notice is given to the public of the filing with the Public Utility Commission of Texas on December 31, 1997, of Southwestern Bell Telephone Company's Notification of a Customer- Specific Pricing Contract for Billing and Collection Services pursuant to the Public Utility Regulatory Act, Texas Utilities Code Annotated, (Vernon 1998) §58.103 (PURA).

Docket Number and Title. Notification of Southwestern Bell Telephone Company's Customer-Specific Pricing Contract for Billing and Collection Services with Operator Communications, Inc. Pursuant to PURA §58.103. Docket Number 18503.

The Application. Southwestern Bell Telephone Company filed revised tariff sheets with the General Billing and Collection Contract which reflect a range of rates for certain common customer-specific billing and collection service elements. Under PURA, Chapter 58, Subchapter D, Billing and Collection Services are classified as a discretionary service, and as such are subject to pricing flexibility, which includes customer-specific contracts.

Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas, by mail at P.O. Box 13326, Austin, Texas, 78711-3326, or call the Public Utility Commission Office of Customer Protection at (512) 936-7120 on or before February 19, 1998. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136.

TRD-9801542

Rhonda Dempsey

Rules Coordinator

Public Utility Commission

Filed: February 3, 1998

Notice is given to the public of the filing with the Public Utility Commission of Texas on December 31, 1997, of Southwestern Bell Telephone Company's Notification of a Customer- Specific Pricing Contract for Billing and Collection Services pursuant to the Public Utility Regulatory Act, Texas Utilities Code Annotated, (Vernon 1998) (PURA).

Docket Number and Title. Notification of Southwestern Bell Telephone Company's Customer-Specific Pricing Contract for Billing and Collection Services with Lifeline/Hebron/ACI, Inc. Pursuant to PURA §58.103. Docket Number 18504.

The Application. Southwestern Bell Telephone Company filed revised tariff sheets with the General Billing and Collection Contract which reflect a range of rates for certain common customer-specific billing and collection service elements. Under PURA, Chapter 58, Subchapter D, Billing and Collection Services are classified as a discretionary service, and as such are subject to pricing flexibility, which includes customer-specific contracts.

Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas, by mail at P.O. Box 13326, Austin, Texas, 78711-3326, or call the Public Utility Commission Office of Customer Protection at (512) 936-7120 on or before February 19, 1998. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136.

TRD-9801543

Rhonda Dempsey

Rules Coordinator

Public Utility Commission

Filed: February 3, 1998

Notice is given to the public of the filing with the Public Utility Commission of Texas on December 31, 1997, of Southwestern Bell Telephone Company's Notification of a Customer- Specific Pricing Contract for Billing and Collection Services pursuant to the Public Utility Regulatory Act, Texas Utilities Code Annotated, (Vernon 1998) §58.103 (PURA).

Docket Number and Title. Notification of Southwestern Bell Telephone Company's Customer-Specific Pricing Contract for Billing and Collection Services with Coastal Telephone Services Limited Company Pursuant to PURA §58.103. Docket Number 18506.

The Application. Southwestern Bell Telephone Company filed revised tariff sheets with the General Billing and Collection Contract which reflect a range of rates for certain common customer-specific billing and collection service elements. Under PURA, Chapter 58, Subchapter D, Billing and Collection Services are classified as a discretionary service, and as such are subject to pricing flexibility, which includes customer-specific contracts.

Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas, by mail at P.O. Box 13326, Austin, Texas, 78711-3326, or call the Public Utility Commission Office of Customer Protection at (512) 936-7120 on or before February 19, 1998. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136.

TRD-9801545

Rhonda Dempsey

Rules Coordinator

Public Utility Commission

Filed: February 3, 1998

Notice is given to the public of the filing with the Public Utility Commission of Texas on December 31, 1997, of Southwestern Bell Telephone Company's Notification of a Customer- Specific Pricing Contract for Billing and Collection Services pursuant to the Public Utility Regulatory Act, Texas Utilities Code Annotated, (Vernon 1998) §58.103 (PURA).

Docket Number and Title. Notification of Southwestern Bell Telephone Company's Customer-Specific Pricing Contract for Billing and Collection Services with Business Discount Plan, Inc. Pursuant to PURA §58.103. Docket Number 18507.

The Application. Southwestern Bell Telephone Company filed revised tariff sheets with the General Billing and Collection Contract which reflect a range of rates for certain common customer-specific billing and collection service elements. Under PURA, Chapter 58, Subchapter D, Billing and Collection Services are classified as a discretionary service, and as such are subject to pricing flexibility, which includes customer-specific contracts.

Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas, by mail at P.O. Box 13326, Austin, Texas, 78711-3326, or call the Public Utility Commission Office of Customer Protection at (512) 936-7120 on or before February 19, 1998. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136.

TRD-9801546

Rhonda Dempsey

Rules Coordinator

Public Utility Commission

Filed: February 3, 1998

Notice is given to the public of the filing with the Public Utility Commission of Texas on December 31, 1997, of Southwestern Bell Telephone Company's Notification of a Customer- Specific Pricing Contract for Billing and Collection Services pursuant to the Public Utility Regulatory Act, Texas Utilities Code Annotated, (Vernon 1998) §58.103 (PURA).

Docket Number and Title. Notification of Southwestern Bell Telephone Company's Customer-Specific Pricing Contract for Billing and Collection Services with CommuniGroup of K.C., Inc. d/b/a CGI Pursuant to PURA §58.103. Docket Number 18510.

The Application. Southwestern Bell Telephone Company filed revised tariff sheets with the General Billing and Collection Contract which reflect a range of rates for certain common customer-specific billing and collection service elements. Under PURA, Chapter 58, Subchapter D, Billing and Collection Services are classified as a discretionary service, and as such are subject to pricing flexibility, which includes customer-specific contracts.

Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas, by mail at P.O. Box 13326, Austin, Texas, 78711-3326, or call the Public tility Commission Office of Customer Protection at (512) 936-7120 on or before February 19, 1998. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136.

TRD-9801547

Rhonda Dempsey

Rules Coordinator

Public Utility Commission

Filed: February 3, 1998

Notice is given to the public of the filing with the Public Utility Commission of Texas on December 31, 1997, of Southwestern Bell Telephone Company's Notification of a Customer- Specific Pricing Contract for Billing and Collection Services pursuant to the Public Utility Regulatory Act, Texas Utilities Code Annotated, (Vernon 1998) §58.103 (PURA).

Docket Number and Title. Notification of Southwestern Bell Telephone Company's Customer-Specific Pricing Contract for Billing and Collection Services with Billing Information Concepts, Inc. d/b/a Zero Plus Dialing Pursuant to PURA §58.103. Docket Number 18512.

The Application. Southwestern Bell Telephone Company filed revised tariff sheets with the General Billing and Collection Contract which reflect a range of rates for certain common customer-specific billing and collection service elements. Under PURA, Chapter 58, Subchapter D, Billing and Collection Services are classified as a discretionary service, and as such are subject to pricing flexibility, which includes customer-specific contracts.

Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas, by mail at P.O. Box 13326, Austin, Texas, 78711-3326, or call the Public Utility Commission Office of Customer Protection at (512) 936-7120 on or before February 19, 1998. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136.

TRD-9801548

Rhonda Dempsey

Rules Coordinator

Public Utility Commission

Filed: February 3, 1998

Notice is given to the public of the initiation of the initial proceeding to designate, as eligible telecommunications providers (ETPs), those local exchange carriers that are certificate of convenience and necessity (CCN) holders seeking support under the Texas High Cost Universal Service Plan (THCUSP).

Project Title and Number: Initial Proceeding to Designate as Eligible Telecommunications Providers (ETPs), Local Exchange Carriers that are CCN Holders Seeking Support Under P.U.C. Substantive Rule 23.133, relating to the Texas High Cost Universal Service Plan (THCUSP), Pursuant to P.U.C. Substantive Rule 23.147. Project Number 18769.

The Proceeding: Pursuant to P.U.C. Substantive Rule 23.147(f)(1), the Public Utility Commission of Texas (commission) initiates this initial proceeding to designate as eligible telecommunications providers (ETPs), those local exchange carriers (LECs) that are holders of certificates of convenience and necessity (CCN holders) seeking support under P.U.C. Substantive Rule 23.133, relating to the Texas High Cost Universal Service Plan (THCUSP), and that meet the criteria established by P.U.C. Substantive Rule 23.147(d)(2).

Since these LECs are subject to additional eligibility requirements under P.U.C. Substantive Rule 23.147(d)(2), the commission has, in the interests of administrative efficiency, initiated a separate proceeding, Project Number 18768, to designate as ETPs those LECs that are (1) holders of certificates of operating authority (COA holders) seeking support under P.U.C. Substantive Rule 23.133, relating to the Texas High Cost Universal Service Plan (THCUSP); or (2) CCN or COA holders seeking support under P.U.C. Substantive Rule 23.134, relating to the Small and Rural Incumbent Local Exchange Carrier (ILEC) Universal Service Plan, and meet the criteria established by P.U.C. Substantive Rule 23.147(d)(1).

Application Filing Period: To aid the commission in conducting this proceeding efficiently and timely, said LECs shall file their applications not earlier than Tuesday, February 17, 1998, but not later than Monday, March 2, 1998 (filing period). Before the filing period, the commission will issue a procedural order addressing the contents of the application, including the nature of supporting evidence, and establishing a procedural schedule for this proceeding.

TRD-9801574

Rhonda Dempsey

Rules Coordinator

Public Utility Commission

Filed: February 4, 1998

Notice is given to the public of the initiation of the initial proceeding to designate as eligible telecommunications providers (ETPs), those local exchange carriers that are certificate of operating authority (COA) holders seeking support under the Texas High Cost Universal Service Plan (THCUSP), and those local exchange carriers that are COA holders or certificate of convenience and necessity (CCN) holders seeking support under the Small and Rural Incumbent Local Exchange Carrier Universal Service Plan.

Project Title and Number: Initial Proceeding to Designate As Eligible Telecommunications Providers (ETPs), Local Exchange Carriers that are COA Holders Seeking Support Under P.U.C. Substantive Rule 23.133, relating to the Texas High Cost Universal Service Plan (THCUSP), and Local Exchange Carriers that are COA or CCN Holders Seeking Support Under P.U.C. Substantive Rule 23.134, relating to the Small and Rural Incumbent Local Exchange Carrier (ILEC) Universal Service Plan, Pursuant to P.U.C. Substantive Rule 23.147. Project Number 18768.

The Proceeding: Pursuant to P.U.C. Substantive Rule 23.147(f)(1), the Public Utility Commission of Texas (commission) initiates this initial proceeding to designate as eligible telecommunications providers (ETPs), those local exchange carriers (LECs) that are (1) holders of certificates of operating authority (COA holders) seeking support under P.U.C. Substantive Rule 23.133, relating to the Texas High Cost Universal Service Plan (THCUSP), or (2) COA holders or holders of certificates of convenience and necessity (CCN holders) seeking support under P.U.C. Substantive Rule 23.134, relating to the Small and Rural Incumbent Local Exchange Carrier (ILEC) Universal Service Plan, and that meet the criteria established by P.U.C. Substantive Rule 23.147(d)(1).

In the interests of administrative efficiency, the commission has initiated a separate proceeding, Project Number 18769, to designate as ETPs those LECs that are CCN holders seeking support under P.U.C. Substantive Rule 23.133, relating to the Texas High Cost Universal Service Plan (THCUSP), and that meet the criteria established by P.U.C. Substantive Rule 23.147(d)(2).

Application Filing Period: To aid the commission in conducting this proceeding efficiently and timely, said LECs shall file their applications not earlier than Tuesday, February 17, 1998, but not later than Monday, March 2, 1998 (filing period). Before the filing period, the commission will issue a procedural order addressing the contents of the application, including the nature of supporting evidence, and establishing a procedural schedule for this proceeding.

TRD-9801573

Rhonda Dempsey

Rules Coordinator

Public Utility Commission

Filed: February 4, 1998

Notice is given to the public of the initiation of the initial proceeding to designate common carriers as eligible telecommunications carriers to receive federal universal service funds under 47 U.S.C. §214(e).

Project Title and Number: Initial Proceeding to Designate Common Carriers as Eligible Telecommunications Carriers to Receive Federal Universal Service Funds Under 47 U.S.C. §214(e), Pursuant to P.U.C. Substantive Rule 23.148. Project Number 18770.

The Proceeding: Pursuant to P.U.C. Substantive Rule 23.148(f)(1), the Public Utility Commission of Texas (commission) initiates this initial proceeding to designate as eligible telecommunications carriers to receive federal universal service funds, those common carriers not previously so designated in General Counsel's Petition For Designation of Eligible Telecommunications Carriers Under 47 U.S.C. §214(e), Project Number 18100 (December 17, 1997) (not yet published). Designation as an eligible telecommunications carrier qualifies the designee to apply for federal universal service funds under 47 U.S.C. §254, and is a requirement for designation as an eligible telecommunications provider to receive funds from the Texas Universal Service Fund under P.U.C. Substantive Rules 23.133 and 23.134.

Application Filing Period: To aid the commission in conducting this proceeding efficiently and timely, said common carriers shall file their applications not earlier than Tuesday, February 17, 1998, but not later than Monday, March 2, 1998 (filing period). Before the filing period, the commission will issue a procedural order addressing the contents of the application, including the nature of supporting evidence, and establishing a procedural schedule for this proceeding.

TRD-9801575

Rhonda Dempsey

Rules Coordinator

Public Utility Commission

Filed: February 4, 1998

Notice is given to the public of the intent to file with the Public Utility Commission of Texas an application pursuant to P.U.C. SUBSTANTIVE RULE 23.27 for a new PLEXAR-Custom service for El Paso Times in El Paso, Texas.

Tariff Title and Number: Application of Southwestern Bell Telephone Company for a New PLEXAR-Custom Service for El Paso Times in El Paso, Texas Pursuant to P.U.C. SUBSTANTIVE RULE 23.27. Tariff Control Number 18738.

The Application: Southwestern Bell Telephone Company is requesting approval for a new PLEXAR-Custom service for El Paso Times in El Paso, Texas. The designated exchange for this service is the El Paso exchange, and the geographic market for this specific PLEXAR- Custom service is the El Paso LATA.

Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas, by mail at P.O. Box 13326, Austin, Texas 78711-3326, or call the commission's Office of Customer Protection at (512) 936-7120. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136.

TRD-9801394

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: January 30, 1998

Notice is given to the public of the intent to file with the Public Utility Commission of Texas an application pursuant to P.U.C. SUBSTANTIVE RULE 23.27 for a 1143 station addition to the existing PLEXAR-Custom service for Aldine ISD in Houston, Texas.

Tariff Title and Number: Application of Southwestern Bell Telephone Company for a 1143 Station Addition to the Existing PLEXAR-Custom Service for Aldine ISD in Houston, Texas Pursuant to P.U.C. SUBSTANTIVE RULE 23.27. Tariff Control Number 18740.

The Application: Southwestern Bell Telephone Company is requesting approval for a 1143 station addition to the existing PLEXAR-Custom service for Aldine ISD in Houston, Texas. The designated exchange for this service is the Houston exchange, and the geographic market for this specific PLEXAR-Custom service is the Houston LATA.

Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas, by mail at P.O. Box 13326, Austin, Texas 78711-3326, or call the commission's Office of Customer Protection at (512) 936-7120. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136.

TRD-9801398

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: January 30, 1998

The staff of the Public Utility Commission of Texas (commission) plans to hold a workshop on March 2, 1998, to review commission Substantive Rule §23.97, relating to Interconnection. Specifically, the review will consider the following:

1. Whether or not the local interconnection rates established pursuant to subsection (d)(4)(A)(i)(I) should apply to traffic in addition to the traffic described in that subsection (as required by §23.97(d)(4)(A)(ii));

2. Issues concerning access to 9-1-1 databases;

3. Issues concerning competitive local exchange carrier (CLEC) registration with 9-1-1 authorities; and

4. Whether the rule should include provisions regarding interconnection and enforcement of agreements as required by the federal Telecommunications Act of 1996.

The workshop will be held from 1:00 p.m. to 5:00 p.m. in the Robert W. Gee hearing room on the seventh floor of the William B. Travis Building, 1701 N. Congress Avenue, Austin, Texas 78701. Parties should be prepared to discuss the issues identified in this notice. This project has been assigned Project Number 18758.

If necessary, additional workshops will be held on March 16, 1998, and on March 25, 1998. Times and locations for these workshops will be announced at the March 2 workshop or filed in Project Number 18758.

Persons who plan to attend the March 2, 1998 workshop should register with Sandra Hamlett at (512) 936-7239. If there are any questions, contact Nelson Parish at (512) 936-7257.

TRD-9801534

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: February 3, 1998

The Public Utility Commission of Texas (commission) plans to hold a staff-level workshop on February 26, 1998, to discuss Project Number 17962, the 1999 Telecommunications Scope of Competition Report. Topics of discussion in this workshop will include what the structure of the report should be, what information should be included in the report, where the information to be included in the report can be obtained, how long it would take for the information to be provided, and any other concerns regarding legislative recommendations. The workshop will be held from 1:00 p.m. to 5:00 p.m. in the commission's training room on the seventh floor of the William B. Travis Building, 1701 North Congress Avenue, Austin, Texas 78701. Agendas for the workshop and a preliminary staff outline proposal for the report will be made available by February 17, 1998, in the commission's central records under Project Number 17962.

Persons who plan to attend the workshop should register with Sandra Hamlett at (512) 936-7239. If there are any questions, contact Nelson Parish at (512) 936-7257.

TRD-9801472

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: February 2, 1998

The Public Utility Commission of Texas (PUC) has initiated Project Number 18438 to implement number conservation measures in Texas.

The PUC staff invites parties to participate in this project by attending a meeting of the Number Conservation Implementation Team (NCIT) designed to define the key issues and develop a timeline for establishing number pooling in Texas. The NCIT meeting will be held on Thursday, February 26, 1998 from 10:00 a.m. until 4:00 p.m. in Hearing Room Gee, seventh floor, 1701 North Congress Avenue, Austin, Texas 78701.

For more information contact Ms. Linda Hymans at (512) 936-7321, or e-mail hymans@puc.state.tx.us. All inquiries or written comments should reference Project Number 18438.

TRD-9801533

Rhonda Dempsey

Rules Coordinator

Public Utility Commission

Filed: February 3, 1998

On January 27, 1998, Southwestern Bell Telephone Company and Sterling International doing business as Reconex, collectively referred to as applicants, filed a joint application for approval of an amendment to an existing interconnection agreement under Section 252(i) of the federal Telecommunications Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered sections of 15 and 47 United States Code) (FTA) and the Public Utility Regulatory Act, Texas Utilities Code Annotated §§11.001-63.063 (Vernon 1998) (PURA). The joint application has been designated Docket Number 18732. The joint application and the underlying interconnection agreement are available for public inspection at the commission's offices in Austin, Texas.

Pursuant to P.U.C. PROCEDURAL RULE 22.341, the commission must act to approve the interconnection agreement within 35 days after it is submitted by the parties.

The commission finds that additional public comment should be allowed before the commission issues a final decision approving or rejecting the amendment to the interconnection agreement. Any interested person may file written comments on the joint application by filing 13 copies of the comments with the commission's filing clerk. Additionally, a copy of the comments should be served on each of the applicants. The comments should specifically refer to Docket Number 18732. As a part of the comments, an interested person may request that a public hearing be conducted. The comments, including any request for public hearing, shall be filed by February 26, 1998, and shall include:

1) a detailed statement of the person's interests in the agreement, including a description of how approval of the agreement may adversely affect those interests;

2) specific allegations that the agreement, or some portion thereof:

a) discriminates against a telecommunications carrier that is not a party to the agreement; or

b) is not consistent with the public interest, convenience, and necessity; or

c) is not consistent with other requirements of state law; and

3) the specific facts upon which the allegations are based.

After reviewing any comments, the commission will issue a notice of approval, denial, or determine whether to conduct further proceedings concerning the joint application. The commission shall have the authority given to a presiding officer pursuant to P.U.C. Procedural Rule §22.202. The commission may identify issues raised by the joint application and comments and establish a schedule for addressing those issues, including the submission of evidence by the applicants, if necessary, and briefing and oral argument. The commission may conduct a public hearing. Interested persons who file comments are not entitled to participate as intervenors in the public hearing.

Persons with questions about this project or who wish to comment on the joint application should contact the Public Utility Commission of Texas, 1701 North Congress Avenue, P. O. Box 13326, Austin, Texas 78711-3326. You may call the Public Utility Commission Office of Customer Protection at (512) 936-7120. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Docket Number 18732.

TRD-9801396

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: January 30, 1998

On January 23, 1998, Premiere Network Services, Inc. and GTE Southwest, Inc., collectively referred to as applicants, filed a joint application for approval of an interconnection agreement under the federal Telecommunications Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered sections of 15 and 47 United States Code) (FTA) and the Public Utility Regulatory Act, Texas Utilities Code Annotated, §§11.001-63.063 (Vernon 1998) (PURA). The joint application has been designated Docket Number 18722. The joint application and the underlying interconnection agreement are available for public inspection at the commission's offices in Austin, Texas.

The FTA authorizes the commission to review and approve any interconnection agreement adopted by negotiation of the parties. Pursuant to FTA §252(e)(2) the commission may reject any agreement if it finds that the agreement discriminates against a telecommunications carrier not a party to the agreement, or that implementation of the agreement, or any portion thereof, is not consistent with the public interest, convenience, and necessity. Additionally, under FTA §252(e)(3), the commission may establish or enforce other requirements of state law in its review of the agreement, including requiring compliance with intrastate telecommunications service quality standards or requirements. The commission must act to approve the agreement within 90 days after it is submitted by the parties. The parties have requested expedited review of this application.

The commission finds that additional public comment should be allowed before the commission issues a final decision approving or rejecting the interconnection agreement. Any interested person may file written comments on the joint application by filing 13 copies of the comments with the commission's filing clerk. Additionally, a copy of the comments should be served on each of the applicants. The comments should specifically refer to Docket Number 18722. As a part of the comments, an interested person may request that a public hearing be conducted. The comments, including any request for public hearing, shall be filed by March 2, 1998, and shall include:

1) a detailed statement of the person's interests in the agreement, including a description of how approval of the agreement may adversely affect those interests;

2) specific allegations that the agreement, or some portion thereof:

a) discriminates against a telecommunications carrier that is not a party to the agreement; or

b) is not consistent with the public interest, convenience, and necessity; or

c) is not consistent with other requirements of state law; and

3) the specific facts upon which the allegations are based.

After reviewing any comments, the commission will determine whether to conduct further proceedings concerning the joint application. The commission shall have the authority given to a presiding officer pursuant to P.U.C. Procedural Rule §22.202. The commission may identify issues raised by the joint application and comments and establish a schedule for addressing those issues, including the submission of evidence by the applicants, if necessary, and briefing and oral argument. The commission may conduct a public hearing. Interested persons who file comments are not entitled to participate as intervenors in the public hearing.

Persons with questions about this docket or who wish to comment on the application should contact the Public Utility Commission of Texas, 1701 North Congress Avenue, P. O. Box 13326, Austin, Texas 78711-3326. You may call the Public Utility Commission Office of Customer Protection at (512) 936-7120. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Docket Number 18722.

TRD-9801395

Rhonda Dempsey

Rules Coordinator

Public Utility Commission

Filed: January 30, 1998

On January 27, 1998, Southwestern Bell Telephone Company and Navigator Telecommunications, LLC, collectively referred to as applicants, filed a joint application for approval of an interconnection agreement under the federal Telecommunications Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered sections of 15 and 47 United States Code) (FTA) and the Public Utility Regulatory Act, Texas Utilities Code Annotated §§ 11.001-63.063 (Vernon 1998) (PURA). The joint application has been designated Docket Number 18733. The joint application and the underlying interconnection agreement are available for public inspection at the commission's offices in Austin, Texas.

The FTA authorizes the commission to review and approve any interconnection agreement adopted by negotiation of the parties. Pursuant to FTA §252(e)(2) the commission may reject any agreement if it finds that the agreement discriminates against a telecommunications carrier not a party to the agreement, or that implementation of the agreement, or any portion thereof, is not consistent with the public interest, convenience, and necessity. Additionally, under FTA §252(e)(3), the commission may establish or enforce other requirements of state law in its review of the agreement, including requiring compliance with intrastate telecommunications service quality standards or requirements. The commission must act to approve the agreement within 90 days after it is submitted by the parties. The parties have requested expedited review of this application.

The commission finds that additional public comment should be allowed before the commission issues a final decision approving or rejecting the interconnection agreement. Any interested person may file written comments on the joint application by filing 13 copies of the comments with the commission's filing clerk. Additionally, a copy of the comments should be served on each of the applicants. The comments should specifically refer to Docket Number 18733. As a part of the comments, an interested person may request that a public hearing be conducted. The comments, including any request for public hearing, shall be filed by March 6, 1998, and shall include:

1) a detailed statement of the person's interests in the agreement, including a description of how approval of the agreement may adversely affect those interests;

2) specific allegations that the agreement, or some portion thereof:

a) discriminates against a telecommunications carrier that is not a party to the agreement; or

b) is not consistent with the public interest, convenience, and necessity; or

c) is not consistent with other requirements of state law; and

3) the specific facts upon which the allegations are based.

After reviewing any comments, the commission will determine whether to conduct further proceedings concerning the joint application. The commission shall have the authority given to a presiding officer pursuant to P.U.C. Procedural Rule §22.202. The commission may identify issues raised by the joint application and comments and establish a schedule for addressing those issues, including the submission of evidence by the applicants, if necessary, and briefing and oral argument. The commission may conduct a public hearing. Interested persons who file comments are not entitled to participate as intervenors in the public hearing.

Persons with questions about this docket or who wish to comment on the application should contact the Public Utility Commission of Texas, 1701 North Congress Avenue, P. O. Box 13326, Austin, Texas 78711-3326. You may call the Public Utility Commission Office of Customer Protection at (512) 936-7120. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Docket Number 18733.

TRD-9801397

Rhonda Dempsey

Rules Coordinator

Public Utility Commission

Filed: January 30, 1998

Pursuant to 31 TAC Chapter 375 the Texas Water Development Board announces the availability of $190,000,000 at a low interest rate for the construction of waste treatment works under the State Water Pollution Control Revolving Fund program. These funds are offered only to political subdivisions which are listed on the State Revolving Fund Project Priority List and which agree to satisfy federal requirements contained in Chapter 375. Because Chapter 375 imposes more stringent requirements than those in SRF funding pursuant to 31 TAC Chapter 363, the board will provide funding at an interest rate of 120 basis points below the applicant's market rate on a standard loan. Subject to available funds, applications will be considered on a first-come, first-served basis, based on the date the application is considered to be complete and ready for board action, unless a fund shortage exists. For every notice of availability of funds pursuant to §375.19 of the board rules, the maximum amount of funding that will be available at this interest rate to a single application will be limited to 25% of the funds available. No applications for these funds will be accepted before March 16, 1998.

For additional information, please contact Frank Forsyth, Jr. at (512) 463-8429.

TRD-9801446

Gail L. Allan

Director of Project-Related Legal Services

Texas Water Development Board

Filed: February 2, 1998

The Texas Workforce Commission will hold a Job Training Partnership Act (JTPA) Planning Guidelines/Performance Standards Workshop on February 17 - 18, 1998, beginning at 8:00 a.m., in the Holiday Inn at Town Lake, IH 35 & Town Lake Road, Sunflower/Marigold Room, in Austin, Texas. The Texas Workforce Commissioners will convene as special guests during this open workshop to discuss and may possibly take action on the following items:

I. Job Training Partnership Act Planning Guidelines

II. Welfare-to-Work Issues

III. Labor Market Information

IV. JTPA Title IIB Summer Youth Employment and Training Program

V. Performance Standards

VI. Youth Competencies

VII. Older Individuals Program and 8% Education Coordination

VIII. JTPA Title III Programs

IX. Employment Service: Wagner-Peyser 7(a) and 7(b)

Persons who may need auxiliary aids, services or special accommodations, are requested to contact Barbara Cigainero, at (512) 936-3395, (or Relay Texas 800-735-2989) at least two days prior to the workshop so that appropriate arrangements can be made.

Contact: J. Randel (Jerry) Hill, 101 East 15th Street, Austin, Texas 78778, (512) 463-7833.

TRD-9801599

J. Randel (Jerry) Hill

General Counsel

Texas Workforce Commission

Filed: February 4, 1998