The Texas Department of Criminal Justice - Purchasing and Leases Department - Contracts Branch publishes this notice of award to manage and operate the 1,000 bed secure work program correctional facility know as the Lockhart Work Program Facilities located in Lockhart, Texas. The Request for Proposal - 696-PD-8-P031 was published in the June 26, 1998, issue of the Texas Register. The initial term of the awarded contract is two years and eight months with two one-year option periods. The contract period begins January 1, 1999.

The contract has been awarded to Wackenhut Corrections Corporation, 4200 Wackenhut Drive, #100, Palm Beach Gardens, Florida 33410, in the amount of $50,314,300.00 for the term of the contract, including option years (four years and eight months).

TRD-9900179

Carl Reynolds

General Counsel

Texas Department of Criminal Justice

Filed: January 13, 1999

The Texas Department of Criminal Justice - Purchasing and Leases Department - Contracts Branch publishes this notice of award to manage and operate the 500 bed secure correctional facility know as the Billy Moore Correctional Center located in Overton, Texas. The Request for Proposal - 696-PD-8-P030 was published in the June 26, 1998, issue of the Texas Register. The initial term of the awarded contract is two years and eight months with two one-year option periods. The contract period begins January 1, 1999.

The contract has been awarded to Management and Training Corporation, 3293 Harrison Boulevard, Ogden, Utah 84403, in the amount of F$29,391,095.00 for the term of the contract, including option years (four years and eight months).

TRD-9900180

Carl Reynolds

General Counsel

Texas Department of Criminal Justice

Filed: January 13, 1999

The Texas Department of Criminal Justice - Purchasing and Leases Department - Contracts Branch publishes this notice to manage and operate the 1,000 bed secure correctional facility known as the Venus Correctional Center located in Venus, Texas. The Request for Proposal - 696-PD-8-P029 was published in the June 26, 1998, issue of the Texas Register. The initial term of the awarded contract is two years and eight months with two one-year option periods. The contract period begins January 1, 1999.

The contract has been awarded to Corrections Corporation of America, 10 Burton Hills Boulevard, Nashville, TN 37215, in the amount of $51,056,360.00 for the term of the contract, including option years (four years and eight months).

TRD-9900181

Carl Reynolds

General Counsel

Texas Department of Criminal Justice

Filed: January 13, 1999

Eligible Proposers. The Texas Education Agency (TEA) is requesting proposals under Request for Proposals (RFP) #701-99-008 from nonprofit organizations, institutions of higher education, private companies, individuals, and regional education service centers to assist in the evaluation of instructional materials submitted under Proclamation 1997. Organizations or individuals currently associated professionally with textbook publishers intending to participate in the adoption of materials submitted under Proclamation 1997 are not eligible. Historically underutilized businesses (HUBs) are encouraged to submit a proposal.

Description. The Texas Education Code, Chapter 31, requires that the State Board of Education (SBOE) adopt lists of conforming and nonconforming textbooks in the foundation and enrichment curriculum that meet the essential knowledge and skills. In addition, adopted textbooks must meet manufacturing specifications and must be free of errors at the time the contracts with publishers are executed. Evaluation of instructional materials submitted under Proclamation 1997 will be conducted by state textbook review panels, to be appointed by the commissioner of education. State textbook review panel members will make recommendations for conforming and nonconforming lists to the commissioner of education based on their evaluations of assigned textbooks. The commissioner of education makes recommendations to the SBOE, who adopts the textbooks.

Services conducted by a contractor will include: (1) coordinating and tracking the completion of state review panel member assignments for evaluation; (2) communicating with panel members as needed to provide technical assistance with review of materials and completion of evaluation instruments; (3) reviewing the evaluation instruments submitted by state review panel members to verify that instruments are completed correctly; and (4) participating in meetings with TEA staff, state review panel members, publishers, and the SBOE, as needed.

Dates of Project. All services and activities related to this proposal will be conducted within specified dates. Proposers should plan for a starting date of no earlier than April 22, 1999, and an ending date of no later than November 30, 1999.

Project Amount. One contractor will be selected to receive a maximum of $30,000 during the contract period.

Selection Criteria. Proposals will be selected based on the ability of each proposer to carry out all requirements contained in this RFP. The TEA will base its selection on, among other things, the demonstrated competence and qualifications of the proposer and upon the reasonableness of the proposed fee. The TEA reserves the right to select from the highest-ranking proposals the one that addresses all requirements in the RFP and that is most advantageous to the project.

The TEA is not obligated to execute a resulting contract, provide funds, or endorse any proposal submitted in response to this RFP. This RFP does not commit TEA to pay any costs incurred before a contract is executed. The issuance of this RFP does not obligate TEA to award a contract or pay any costs incurred in preparing a response.

Requesting the Proposal. A complete copy of RFP #701-99-008 may be obtained by writing the: Document Control Center, Room 6-108, Texas Education Agency, William B. Travis Building, 1701 N. Congress Avenue, Austin, Texas 78701, or by calling (512) 463-9304. Please refer to the RFP number in your request.

Further Information. For clarifying information about this RFP, contact Dr. Robert H. Leos, Senior Director, Division of Textbook Administration, Texas Education Agency, (512) 463-9601.

Deadline for Receipt of Proposals. Proposals must be received in the Document Control Center of the TEA by 5:00 p.m. (Central Time), Monday, March 29, 1999, to be considered.

TRD-9900185

Criss Cloudt

Associate Commissioner, Policy Planning and Research

Texas Education Agency

Filed: January 13, 1999

The Texas Department of Health adopted amendments to 25 TAC §§97.1-97.4, and 97.6. The rules appeared in the December 11, 1998, issue of the Texas Register (23 TexReg 12663).

On page 12668, Subchapter A, the heading of section numbers should read “25 TAC §§97.1-97.4, 97.6” instead of “25 TAC §§971.-97.4, 97.6”.

The Texas Department of Health adopted amendment and new sections to 25 TAC §§97.131-97.134, 97.139, 97.145, and 97.146. The rules appeared in the December 11, 1998 issue of the Texas Register (23 TexReg 12669).

On page 12670, the section title of §97.139 is split and part of the section title is in the rule text. The section title of §97.139 should read “Fee for Providing Written Notice of a Positive Human Immunodeficiency Virus (HIV)-Related Test Result to an Applicant for Insurance”.

(Edit Note: The Texas Department of Health submitted a Licensing Actions for Radioactive Materials, which appeared in the January 1, 1999, issue of the Texas Register (24 TexReg 192). Due to language being omitted, the material is being republished in its entirety.)

The Texas Department of Health has taken actions regarding licenses for the possession and use of radioactive materials as listed in the table below. The subheading labeled “Location” indicates the city in which the radioactive material may be possessed and/or used. The location listing “Throughout Texas” indicates that the radioactive material may be used on a temporary basis at job sites throughout the state.

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In issuing new licenses and amending and renewing existing licenses, the Texas Department of Health, Bureau of Radiation Control, has determined that the applicants are qualified by reason of training and experience to use the material in question for the purposes requested in accordance with Texas Regulations for Control of Radiation in such a manner as to minimize danger to public health and safety or property and the environment; the applicants' proposed equipment, facilities, and procedures are adequate to minimize danger to public health and safety or property and the environment; the issuance of the license(s) will not be inimical to the health and safety of the public or the environment; and the applicants satisfy any applicable special requirements in the Texas Regulations for Control of Radiation.

This notice affords the opportunity for a hearing on written request of a licensee, applicant, or “person affected” within 30 days of the date of publication of this notice. A “person affected” is defined as a person who is resident of a county, or a county adjacent to the county, in which the radioactive materials are or will be located, including any person who is doing business or who has a legal interest in land in the county or adjacent county, and any local government in the county; and who can demonstrate that he has suffered or will suffer actual injury or economic damage due to emissions of radiation. A licensee, applicant, or “person affected” may request a hearing by writing Richard A. Ratliff, P.E., Chief, Bureau of Radiation Control (Director, Radiation Control Program), 1100 West 49th Street, Austin, Texas 78756-3189.

Any request for a hearing must contain the name and address of the person who considers himself affected by Agency action, identify the subject license, specify the reasons why the person considers himself affected, and state the relief sought. If the person is represented by an agent, the name and address of the agent must be stated.

Copies of these documents and supporting materials are available for inspection and copying at the office of the Bureau of Radiation Control, Texas Department of Health, Exchange Building, 8407 Wall Street, Austin, Texas, from 8:00 a.m. to 5:00 p.m. Monday-Friday (except holidays).

TRD-9818433

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: December 18, 1998

The Commissioner of Insurance, or his designee, will consider approval of a rate filing request submitted by the Utica National Insurance Company proposing to use rates outside the flexibility band promulgated by the Commissioner of Insurance pursuant to TEX. INS. CODE ANN. art. 5.101, §3(g). They are proposing a rate of -73% below the benchmark for class codes 6451, 6453, 6454, 6481, 6482, 6483 and 6484 for all coverages and territories for commercial automobile insurance.

Copies of the filing may be obtained by contacting Gifford Ensey, at the Texas Department of Insurance, Legal and Compliance, P.O. Box 149104, Austin, Texas 78714-9104, extension (512) 475-1761.

This filing is subject to Department approval without a hearing unless a properly filed objection, pursuant to Art. 5.101, §3(h), is made with the Chief Actuary, Philip Presley, at the Texas Department of Insurance, MC 105-5F, P.O. Box 149104, Austin, Texas 78701 within 30 days after publication of this notice.

TRD-9900071

Bernice Ross

Deputy Chief Clerk

Texas Department of Insurance

Filed: January 8, 1999

The Commissioner of Insurance, or his designee, will consider approval of a rate filing request submitted by the Republic Lloyds Insurance Company proposing to use rates outside the flexibility band promulgated by the Commissioner of Insurance pursuant to TEX. INS. CODE ANN. art. 5.101, §3(g). They are proposing rates, for personal automobile insurance, of -15% below the benchmark for classes 3, 3A, 8 and 8A for all coverages and territories, and for all other classes the proposed rates are +17% above the benchmark for BI; +45.6% above the benchmark for PD; +23.5% above the benchmark for Comprehensive & Specified Causes; +62.5% above the benchmark for Collision; and +17% above the benchmark for UM/UIM, Med Pay, & PIP.

Copies of the filing may be obtained by contacting Gifford Ensey, at the Texas Department of Insurance, Legal and Compliance, P.O. Box 149104, Austin, Texas 78714-9104, extension (512) 475-1761.

This filing is subject to Department approval without a hearing unless a properly filed objection, pursuant to Art. 5.101, §3(h), is made with the Chief Actuary, Philip Presley, at the Texas Department of Insurance, MC 105-5F, P.O. Box 149104, Austin, Texas 78701 within 30 days after publication of this notice.

TRD-9900151

Bernice Ross

Deputy Chief Clerk

Texas Department of Insurance

Filed: January 12, 1999

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 Benefits 2000, Inc., a foreign third party administrator. The home office is Brookfield, Wisconsin.

Application for incorporation in Texas of Harris Methodist Select, a domestic third party administrator. The home office is Arlington, Texas.

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-9900152

Bernice Ross

Deputy Chief Clerk

Texas Department of Insurance

Filed: January 12, 1999

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 Merchants Benefits Administration, Inc., a foreign third party administrator. The home office is Phoenix, Arizona.

Application for incorporation in Texas of The Bridge Health Network, Inc., a domestic third party administrator. The home office is Waco, Texas.

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-9900184

Bernice Ross

Deputy Chief Clerk

Texas Department of Insurance

Filed: January 13, 1999

The following notices for creations of new districts were issued on January 6, 1999, pursuant to Article XVI, Section 59 of The Constitution of the State of Texas, Chapters 49 and 54 of the Texas Water Code, and 30 Texas Administrative Code Chapter 293.

Notice of a Petition for creation of FORT BEND COUNTY MUNICIPAL UTILITY DISTRICT NUMBER 119. The proposed District will contain approximately 406.15 acres located within the extraterritorial jurisdiction of the city of Houston and within Fort Bend County, Texas. It is estimated that the cost of said project will be approximately $23,000,000.

Notice of a Petition for creation of FORT BEND COUNTY MUNICIPAL UTILITY DISTRICT NUMBER 120. The proposed District will contain approximately 225.52 acres located within the extraterritorial jurisdiction of the city of Houston, and within Fort Bend County, Texas. It is estimated that the cost of said project will be approximately $16,700,000.

If a written hearing request is not filed during the 30-day comment period, which extends from the day after the date of the second newspaper publication, the Executive Director may approve the above applications. To request a hearing on one of the above applications, you must submit the following: (1) your name (or for a group or association, an official representative), mailing address, daytime phone number, and fax number, if any; (2) the name of the applicant and the Texas Natural Resource Conservation Commission (TNRCC) Internal Control Number; (3) the statement "I/we request a public hearing"; (4) a brief description of how you would be adversely affected by the granting of the request in a way not common to the general public; and (5) the location of your property relative to the proposed district's boundaries.

If a hearing request is filed, the Executive Director will not approve the application and may forward the application and hearing request to the TNRCC Commissioners for their consideration at a scheduled Commission meeting. If a hearing is held, it will be a legal proceeding similar to civil trials in state district court.

Requests for hearing on this application must be submitted in writing during the 30-day notice period to the Chief Clerk's Office, MC 105, TNRCC, P.O. Box 13087, Austin, Texas, 78711-3087. Written public comments may also be submitted to the Chief Clerk's Office during the notice period. For information concerning technical aspects of these application, contact Water Utilities District Administration, MC 152, at the same P.O. Box address above. For information concerning the hearing process, contact Blas Coy, Public Interest Counsel, MC 103, at the same P.O. Box address above. For additional information, individual members of the general public may contact the Office of Public Assistance, Toll Free, at 1-800-687-4040. General information regarding the TNRCC can be found at our web site at www.tnrcc.state.tx.us.

TRD-9900156

LaDonna Castanuela

Chief Clerk

Texas Natural Resource Conservation Commission

Filed: January 12, 1999

The Texas Natural Resource Conservation Commission (TNRCC or commission) Staff is providing an opportunity for written public comment on the listed Default Orders. The TNRCC Staff proposes a Default Order 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 order 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 February 21, 1999 . 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 considerations that indicate that the proposed Default Orders 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 each of the proposed Default Orders is available for public inspection at both the TNRCC's Central Office, located at 12100 Park 35 Circle, Building A, 3rd Floor, Austin, Texas 78753, (512) 239-3400 and at the applicable Regional Office listed as follows. Written comments about the Default Orders 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 February 21, 1999 . 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 Orders and/or the comment procedure at the listed phone number; however, comments on the Default Orders should be submitted to the TNRCC in writing .

(1) COMPANY: Bear Motor Sales, Incorporated; DOCKET NUMBER: 98-0129-MLM-E; TNRCC ID NUMBER: DI-0027-T; LOCATION: Carrizo Springs, Dimmit County, Texas; TYPE OF FACILITY: automotive dealership; RULES VIOLATED: 30 TAC §111.201 and Texas Health and Safety Code, §382.085(b) by allowing outdoor burning of waste materials; 30 TAC §330.5(a) by disposing of waste materials in an unauthorized landfill; PENALTY: $3,125; STAFF ATTORNEY: John Peeler, Litigation Division, MC 175, (512) 239-3506; REGIONAL OFFICE: 1403 Seymour, Suite 2 and 3, Laredo, Texas 78042, (956) 791-6611.

(2)COMPANY: Billy R. Stringer dba National Cleaning Systems; DOCKET NUMBER: 98- 0303-SLG-E ;ENFORCEMENT ID NUMBER: 12394; LOCATION: Diboll, Angelina County, Texas; TYPE OF FACILITY: on-site sludge/septage transportation facility; RULES VIOLATED: 30 TAC §330.5 and Texas Water Code, §26.121, by committing an act, without authorization, which in itself or in conjunction with another act, causes, continues to cause, or will cause pollution of water in the state. Specifically, Stringer buried, at the Facility, grit and/or grease waste washed from his sludge transport truck; 30 TAC §312.144(f), by failing to prominently mark the sludge transport truck's discharge valves and ports; 30 TAC §312.145, by failing to maintain a proper record of each individual collection and deposit in trip tickets. Specifically, Stringer failed to: a) indicate disposal information on a trip ticket number 705, dated November 3, 1997; b) complete separate trip tickets for each individual collection and deposit on March 26, 1997, April 30, 1997, May 1, 1997, and November 3, 1997; c) maintain trip tickets for septic waste transported to the City of Lufkin Wastewater Treatment Plant on May 1, 1997, July 16, 1997, July 24, 1997, and July 29, 1997; and d) maintain trip tickets prior to March 1997 for disposal of waste at the City of Lufkin Wastewater Treatment Plant and the City of Nacogdoches Wastewater Treatment Plant; 30 TAC §312.145(b)(4), by failing to submit annual summary of his activities for the period of June 1, 1996-May 31, 1997 by the June 15, 1997 deadline; 30 TAC §312.147(a), by storing grease trap waste in his sludge transport truck for more than four days; Texas Water Code, §26.121, and 30 TAC §;312.143, 285.58(a)(1) and (7), and 330.5, by disposing of pumped septage, grit trap waste, and grease trap waste into a new on-site sewage system owned by David C. Hughes, located on Farm to Market Road 1818 approximately six miles from Highway 59 South, Diboll (the "Hughes System") content of 2.7 % by weight; PENALTY: $14,600; STAFF ATTORNEY: Bill Jang, Litigation Division, MC 175, (512) 239-2269; REGIONAL OFFICE: 3870 Eastex Freeway, Suite 110, Beaumont, Texas 77703-1892 (409) 898-3838.

(3)COMPANY: ERD Resource Recovery, Incorporated; DOCKET NUMBER: 98-0048-MSW- E; TNRCC ID NUMBER: A85407; LOCATION: Waco, McLennan County, Texas; TYPE OF FACILITY: used oil filter processing and storage; RULES VIOLATED: 30 TAC §330.1185(e)(2)(B), by storing processed filter material at the Site for more than 30 days and by failing to ship materials contaminated by used oil within 30 days of generation; 30 TAC §330.1183(b) and Texas Water Code, §26.121, by causing, suffering, or allowing an unauthorized discharge of waste into or adjacent to water in the state; 30 TAC §330.1183(e)(3) by failing to have a proper secondary containment system capable of containing an amount of oil equal to ten gallons for every 55-gallon drum or volumetric equivalent; 30 TAC §330.1185(d) by storing unprocessed used oil filters at the Facility for longer than 30 days; 30 TAC §330.1185(a)(3) by failing to provide evidence of financial responsibility to assure that the TNRCC that ERD has sufficient assets to provide for proper closure; PENALTY: $37,500; STAFF ATTORNEY: Booker Harrison, Litigation Division, MC 175, (512) 239-4113; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335 .

TRD-9900183

Paul C. Sarahan

Director, Litigation Division

Texas Natural Resource Conservation Commission

Filed: January 13, 1999

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 February 21, 1999 . 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, the Texas Health and Safety Code (THSC), and/or 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 February 21, 1999 . 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: Bobby Lanham dba American Marble; DOCKET NUMBER: 98-1065-AIR-E; IDENTIFIER: Account Number TA-3696-V; LOCATION: Mansfield, Tarrant County, Texas; TYPE OF FACILITY: thermoset resin plant; RULE VIOLATED: 30 TAC §116.110(a) and the Act, §382.085(b) and §382.0518(a), by failing to obtain a permit or satisfy the conditions for exemption from permitting prior to the construction of the thermoset resin plant; PENALTY: $2,400; ENFORCEMENT COORDINATOR: Michael De La Cruz, (817) 469-6750; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 469-6750.

(2)COMPANY: The City of Cotulla; DOCKET NUMBER: 98-0873-PWS-E; IDENTIFIER: Public Water Supply Number 1420001; LOCATION: Cotulla, La Salle County, Texas; TYPE OF FACILITY: public water system; RULE VIOLATED: 30 TAC §290.46(f)(1)(A) and (2)(A), by failing to maintain a free chlorine residual of 0.2 milligrams per liter (mpl) and by failing to conduct daily disinfectant residual tests; 30 TAC §290.41(c)(1)(F), (3)(O), (3)(K) and (3)(J), by failing to secure a sanitary easement covering all property within 150 feet of each well location, by failing to provide intruder resistance fencing around the wells, and by failing to provide Well Number Five with a screen on the well casing vent and a concrete sealing block extending at least three feet in all directions from the well casing; 30 TAC §290.43(c)(1) and (2), by failing to provide Well Number Six with a 16-mesh or finer corrosion resistant screen vent and a proper roof hatch that conforms with current American Water Works Association standards and by failing to properly secure the cover on the roof of the ground storage tank; 30 TAC §290.43(i), by failing to provide vertical turbine oil that meets American National Standards Institute/National Sanitation Foundation Standard 61; 30 TAC §290.44(h)(1), by failing to establish a back flow prevention program; and 30 TAC §290.106(1), by failing to have an adequate sample siting plan; PENALTY: $2,988; ENFORCEMENT COORDINATOR: Sandy VanCleave, (512) 239-0667; REGIONAL OFFICE: 1403 Seymour, Suite 2, Laredo, Texas 78040-8752, (956) 791-6611.

(3)COMPANY: The City of Laredo; DOCKET NUMBER: 98-0839-MSW-E; IDENTIFIER: Municipal Solid Waste Landfill Permit Number 1693; LOCATION: Laredo, Webb County, Texas; TYPE OF FACILITY: municipal solid waste landfill; RULE VIOLATED: 30 TAC §330.113 and 40 Code of Federal Regulations (CFR), §258.29, by failing to maintain copies of the site development plan, site operating plan, final closure plan, post-closure maintenance plan, and landfill gas management plan at the landfill site office; 30 TAC §;330.14, 330.117, 330.119, 330.120, and Permit Number 1693, by failing to operate and maintain the facility in accordance with the approved site development plan and site operating plan; 30 TAC §330.5 and §330.117, by allowing the city to bury waste in unapproved locations, to stockpile waste in unapproved locations, and to store waste above the permitted maximum height of the facility; 30 TAC §330.121 and §330.122, by failing to place required easement, buffer zone, and boundary markers at the facility; 30 TAC §330.56(n), §330.130, and 40 CFR, §258.23(c), by failing to implement required procedures relating to the discovery of methane concentrations in excess of 5.0% methane volume in air; 30 TAC §330.133(a) and (b) and 40 CFR, §258.21, by failing to place daily cover over entire area and by failing to maintain intermediate cover in proper repair; and 30 TAC §334.128(a) and the Code, §26.358, by having a delinquent aboveground storage tank registration; PENALTY: $66,875; ENFORCEMENT COORDINATOR: Carol Piza, (512) 239-6729; REGIONAL OFFICE: 1403 Seymour, Suite 2, Laredo, Texas 78040-8752, (956) 791-6611.

(4)COMPANY: The City of Midway; DOCKET NUMBER: 96-1725-PWS-E; IDENTIFIER: Public Water Supply Number 1570003; LOCATION: Midway, Madison County, Texas; TYPE OF FACILITY: public water system; RULE VIOLATED: 30 TAC §290.120(f)(1)(B), by failing to submit to the commission water quality parameters from the facility for lead and copper analysis; 30 TAC §290.42(b)(2)(C), by failing to have the aerators screened with 16-mesh or finer corrosion resistant screens; 30 TAC §290.43(c)(4), by failing to have the ground storage tank equipped with a water level indicator; and 30 TAC §290.46(d) and (m), by failing to include the daily amount of water pumped on the monthly operating report and by failing to have a maintenance program; PENALTY: $1,547; ENFORCEMENT COORDINATOR: Terry Thompson, (512) 239-6095; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

(5)COMPANY: Hiram B. Hyde; DOCKET NUMBER: 98-0058-AIR-E; IDENTIFIER: Account Number KF-0055-K; LOCATION: Ingram, Kerr County, Texas; TYPE OF FACILITY: landscaping service; RULE VIOLATED: 30 TAC §111.201 and the THSC, §382.085(b), by allowing on- site outdoor burning of vegetative waste not generated from the site; 30 TAC §330.4(a), by allowing the disposal of municipal solid waste without first obtaining a permit; and 30 TAC §330.5(a)(1) and the Code, §26.121, by failing to prevent an unauthorized discharge of municipal solid waste; PENALTY: $2,500; ENFORCEMENT COORDINATOR: Adele Noel, (512) 239-1045; REGIONAL OFFICE: 140 Heimer Road, Suite 360, San Antonio, Texas 78232-5042, (210) 490-3096.

(6)COMPANY: Henry Ed Kerl; DOCKET NUMBER: 97-0152-MSW-E; IDENTIFIER: Enforcement Identification Number 12124; LOCATION: Richards, Grimes County, Texas; TYPE OF FACILITY: municipal solid waste disposal; RULE VIOLATED: 30 TAC §330.4, by failing to obtain a permit to dispose of municipal solid waste; PENALTY: $1,000; ENFORCEMENT COORDINATOR: Sabelyn Pussman, (512) 239-6061; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

(7)COMPANY: Meadowland Utility Corporation, Mr.Wayne Lee, and Ms. Susan Ralph; DOCKET NUMBER: 98-0431-MWD-E; IDENTIFIER: Permit Number 13632-001; LOCATION: Alvin, Brazoria County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: Permit Number 13632-001 and the Code, §26.121, by allowing an unauthorized discharge of wastewater; and 30 TAC §305.503 and §312.9(d), by failing to pay wastewater treatment inspection and water quality assessment fees; PENALTY: $5,000; ENFORCEMENT COORDINATOR: Craig Carson, (512) 239-2175; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(8)COMPANY: Benny Melton; DOCKET NUMBER: 97-0720-OSI-E; IDENTIFIER: Enforcement Identification Number 11986; LOCATION: Frost, Navarro County, Texas; TYPE OF FACILITY: on-site sewage; RULE VIOLATED: The THSC, §366.004 and §366.071, by installing an on-site sewage facility without having first secured a certificate of registration; PENALTY: $1,000; ENFORCEMENT COORDINATOR: Brian Lehmkuhle, (512) 239-4482; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 469-6750.

(9)COMPANY: North Forest MUD; DOCKET NUMBER: 98-0866-MWD-E; IDENTIFIER: Permit Number 10905-001; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: municipal wastewater treatment; RULE VIOLATED: Permit Number 10905-001 and the Code, §26.121, by failing to ensure that effluent discharged met the permitted limits for total suspended solids; PENALTY: $2,500; ENFORCEMENT COORDINATOR: Brian Lehmkuhle, (512) 239-4482; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(10)COMPANY: The Paks Corporation; DOCKET NUMBER: 98-0896-AIR-E; IDENTIFIER: Account Number KG-0003-S; LOCATION: Junction, Kimble County, Texas; TYPE OF FACILITY: cedar oil processing plant; RULE VIOLATED: 30 TAC §122.121, §122.130(b), 40 CFR §70.5(a), and the THSC, §382.054 and §382.085(b), by operating affected emission units without a federal operating permit having been issued and by failing to submit an abbreviated federal operating permit application by February 2, 1998; PENALTY: $4,000; ENFORCEMENT COORDINATOR: Mark Newman, (915) 655-9479; REGIONAL OFFICE: 301 West Beauregard Avenue, Suite 202, San Angelo, Texas 76903-6326, (915) 655-9479.

(11)COMPANY: Phillips Petroleum Company; DOCKET NUMBER: 98-0930-IWD-E; IDENTIFIER: Permit Number 01064; LOCATION: Borger, Hutchinson County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: Permit Number 01064 and the Code, §26.121, by allowing a discharge of wastewater which exceeded the permit limit for the daily maximum total suspended solids concentration; PENALTY: $20,000; ENFORCEMENT COORDINATOR: Craig Carson, (512) 239-2175; REGIONAL OFFICE: 3918 Canyon Drive, Amarillo, Texas 79109-4933, (806) 353-9251.

(12)COMPANY: Pioneer Concrete of Texas, Inc.; DOCKET NUMBER: 98-0678-AIR-E; IDENTIFIER: Account Number 93-1908-V; LOCATION: Hereford, Deaf Smith County, Texas; TYPE OF FACILITY: concrete batch plant; RULE VIOLATED: 30 TAC §116.110(a) and the Act, §382.085(b) and §382.0518(a), by failing to construct and operate the plant with proper authorization; and 30 TAC §;335.323, 334.128(a), and 334.21, by failing to pay hazardous waste generator fees, aboveground storage tank fees, and underground storage tank fees; PENALTY: $2,500; ENFORCEMENT COORDINATOR: Joseph Campa, (806) 353-9251; REGIONAL OFFICE: 3918 Canyon Drive, Amarillo, Texas 79109-4933, (806) 353-9251.

(13)COMPANY: Ali Saastaz dba Reliable Used Cars; DOCKET NUMBER: 98-1148-AIR-E; IDENTIFIER: Account Number DB-4968-J; LOCATION: Garland, Dallas County, Texas; TYPE OF FACILITY: used car sales; RULE VIOLATED: 30 TAC §114.20(c)(1) and the Act, §382.085(b), by offering for sale two vehicles with missing or inoperable vehicle emission control devices; PENALTY: $600; ENFORCEMENT COORDINATOR: Michael De La Cruz, (817) 469-6750; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 469-6750.

(14)COMPANY: Rural Bardwell Water Supply Corporation; DOCKET NUMBER: 97-0996- PWS-E; IDENTIFIER: Public Water Supply Number 0700023; LOCATION: Bardwell, Ellis County, Texas; TYPE OF FACILITY: public water system; RULE VIOLATED: 30 TAC §290.106(a)(1) and (b)(1)(B), by failing to develop a sample siting plan for bacteriological sampling and by failing to properly submit routine and repeat distribution samples each month for bacteriological analysis; 30 TAC §290.42(e)(2), by failing to install the point of application for disinfection on the well discharge line ahead of the ground storage tank; 30 TAC §290.46(f)(1)(A), (2), and (2)(B), by failing to operate the chlorination facilities so as to maintain a minimum free chlorine residual of 0.2 mpl, by failing to use a chlorine test kit which employs a diethyl-p-phenylenediamine indicator to determine free chlorine residuals, and by failing to perform and record the results of chlorine residual tests at least once every seven days; 30 TAC §290.113, by failing to provide water which meets the commission's minimum standards for sulfates and total dissolved solids; 30 TAC §290.45(b)(1)(C), by failing to provide a minimum pressure tank capacity of 20 gallons per connection; 30 TAC §290.46(x), by failing to either plug and seal or repair to a non-deteriorated condition the deteriorated wells within the system; 30 TAC §290.41(c)(1)(F), (3)(I), (3)(K), and (1)(D), by failing to secure and record at the county courthouse a sanitary easement covering all property within 150 feet of the well location, by failing to find grade the well site so that the site is free from depressions, reverse grades, or areas too rough for proper ground maintenance, by failing to seal the wellhead with gaskets or a pliable crack-resistant caulking compound, and by failing to ensure that livestock is not allowed within 50 feet of the well; 30 TAC §290.43(c)(4), by failing to have a water level indicator on the ground storage tank; 30 TAC §290.46(p), (i), (j), (l), and (n), by failing to conduct annually and record the results of inspections of the ground storage tank and the pressure tank, by failing to adopt adequate plumbing regulations with provisions for enforcement, by failing to complete customer service inspection certificates, by failing to flush monthly, or more often if required, all dead end mains to maintain water quality, and by failing to prepare and keep up to date a map of the distribution system; PENALTY: $6,625; ENFORCEMENT COORDINATOR: Terry Thompson, (512) 239-6095; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 469-6750.

(15)COMPANY: Darrell Hall dba Shannon Estates Subdivision; DOCKET NUMBER: 97-1112- PWS-E; IDENTIFIER: Public Water Supply Number 0930052; LOCATION: near Bedias, Grimes County, Texas; TYPE OF FACILITY: public water system; RULE VIOLATED: 30 TAC §290.46(a), (e), (f)(1)(A), (m), (u), and (w), by failing to submit plans and specifications for the water system, by failing to operate the system under a "D" certified water works operator, by failing to maintain a free chlorine residual of 0.2 mpl in each distribution system for the front and back wells, by failing to initiate a maintenance program for cleanliness of the plant facilities, by failing to maintain a minimum pressure of 35 pounds per square inch in the distribution system of the front well, and by failing to post a legible sign at the front and back wells of the facility; 30 TAC §290.41(c)(3)(A), (J), (K), (N), and (O), by failing to submit well completion data for the front and back wells, by failing to provide a well sealing block for the back well, by failing to seal the wellheads for the front and back wells, by failing to provide wellhead casing vents, flow meters, and intruder resistant fences for the front and back wells; 30 TAC §290.42(e)(8), by failing to seal the hypochlorinator solution container for the front well; 30 TAC §290.44(d)(4), by failing to provide metering devices at each service connection; and 30 TAC §290.106(a)(2), by failing to submit the required number of suitable bacteriological samples for at least three months; PENALTY: $3,740; ENFORCEMENT COORDINATOR: Sabelyn Pussman, (512) 239-6061; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

(16)COMPANY: Rick Gaconnet dba Triple TTT Sandblasting; DOCKET NUMBER: 98-1267- AIR-E; IDENTIFIER: Account Number PC-0231-I; LOCATION: Weatherford, Parker County, Texas; TYPE OF FACILITY: sandblasting operation; RULE VIOLATED: 30 TAC §116.110(a), Agreed Order Number 97-0805-AIR-E, and the Act, §382.085(b) and §382.0518(a), by failing to obtain a permit or satisfy the conditions for exemption from permitting prior to the construction and operation of the outdoor sandblasting; PENALTY: $2,500; ENFORCEMENT COORDINATOR: Michael De La Cruz, (817) 469-6750; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 469-6750.

(17)COMPANY: W Silver, Incorporated dba West Silver Public Water Supply; DOCKET NUMBER: 98-0869-PWS-E; IDENTIFIER: Public Water Supply Number 0710096; LOCATION: El Paso, El Paso County, Texas; TYPE OF FACILITY: public water system; RULE VIOLATED: 30 TAC §290.106(a) and the THSC, §341.033(d), by failing to collect and submit water samples for bacteriological analysis; and 30 TAC §290.103(5), by failing to provide public notification of the failure to sample; PENALTY: $1,575; ENFORCEMENT COORDINATOR: Sandy VanCleave, (512) 239-0667; REGIONAL OFFICE: 7500 Viscount Boulevard, Suite 147, El Paso, Texas 79925-5633, (915) 778-9634.

(18)COMPANY: Woodcreek Utilities, Inc., A Subsidiary of Aquasource, Inc.; DOCKET NUMBER: 98-0514-MWD-E; IDENTIFIER: Permit Number 11431-001; LOCATION: Wimberley, Hays County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: Permit Number 11431-001 and the Code, §26.121, by failing to operate the wastewater treatment plant without permit limitations; PENALTY: $2,500; ENFORCEMENT COORDINATOR: Patrick Marcyniuk, (512) 339-2929; REGIONAL OFFICE: 1921 Cedar Bend Drive, Suite 150, Austin, Texas 78758-5336, (512) 339-2929.

TRD-9900129

Paul Sarahan

Director, Litigation Division

Texas Natural Resource Conservation Commission

Filed: January 12, 1999

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 the Texas Water Code, §7.075. Section 7.705 requires that before the TNRCC may approve the 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 February 21, 1999 . 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 AOs 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, 3rd Floor, Austin, Texas 78753, (512) 239-3400 and at the applicable Regional Office listed as follows. Written comments about the AOs should be sent to the attorney designated for the 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 February 21, 1999 . 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, §7.075 provides that comments on the AOs should be submitted to the TNRCC in writing .

(1)COMPANY: ASARCO, Incorporated; DOCKET NUMBER: 97-0719-IHW-E; TNRCC ID NUMBER: 30003; LOCATION: Corpus Christi, Nueces County, Texas; TYPE OF FACILITY: former zinc refinery and smelter; RULES VIOLATED: 30 TAC §335.4 and the Texas Water Code, §26.121 by allowing the discharge of waste containing lead, cadmium and zinc into or adjacent to water in the state; PENALTY: $40,000; STAFF ATTORNEY: Guy Henry, Litigation Division, MC 175, (512) 239-6259; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas, 76010-6499, (817) 469-6750.

(2)COMPANY: Aztex Dairy, Incorporated; DOCKET NUMBER: 98-0398-AGR-E; TNRCC ID NUMBER: 02953; LOCATION: Erath County, Texas; TYPE OF FACILITY: concentrated animal feeding operation; RULES VIOLATED: Texas Water Code, §26.121 by allowing the unauthorized discharge of wastewater from the dry cow lot; 30 TAC §321.35 by failing to manage waste control facilities so as to retain all feedlot rainfall runoff from open lots and associated areas; PENALTY: $8,250; STAFF ATTORNEY: Ali Abazari, Litigation Division, MC 175, (512) 239-5915; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 469-6750.

(3)COMPANY: Big 'R' Rents Corporation; DOCKET NUMBER: 98-0158-AIR-E; TNRCC ID NUMBER: EE-1314-K; LOCATION: El Paso, El Paso County, Texas; TYPE OF FACILITY: equipment sales and rental store; RULES VIOLATED: 30 TAC §114.100(a) (formerly §114.13(a)) and Texas Health and Safety Code, §382.085(b) by supplying, selling, and/or dispensing gasoline for use as motor vehicle fuel in El Paso County, which failed to have a minimum oxygen content of 2.7% by weight; PENALTY: $750; STAFF ATTORNEY: Bill Jang, Litigation Division, MC 175, (512) 239-2269; REGIONAL OFFICE: 7500 Viscount Boulevard, Suite 147, El Paso Texas 79925-5633, (915) 778-9634.

(4)COMPANY: Diamond Mini-Mart, Incorporated, a Wholly Owned Subsidiary of Evans Systems, Incorporated; DOCKET NUMBER: 98-0553-PST-E; TNRCC ID NUMBER: 0022313; LOCATION: Lake Jackson, Brazoria County, Texas; TYPE OF FACILITY: two underground storage tanks; RULES VIOLATED: 30 TAC §115.245(2) by failing to conduct annual pressure decay testing of Stage II vapor recovery equipment. Specifically, during an inspection on April 8, 1998, a TNRCC investigator documented that the Facility had failed to perform successful annual pressure decay testing on its vapor recovery equipment within the 12 months preceding the inspection; 30 TAC §115.248(2), by failing to have a Stage II facility representative who has successfully completed approved training within three months of the departure of the previously trained employee. Specifically, during the inspection on April 8, 1998, the investigator documented that the Facility did not have a trained Stage II facility representative on staff at the Facility; PENALTY: $5,625; STAFF ATTORNEY: William Puplampu, Litigation Division, MC 175, (512) 239-0677; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston Texas 77023-1486, (713) 767-3500.

(5) COMPANY: Kevin and Judy Luna dba Carrizo Creek Mobile Home Park; DOCKET NUMBER: 97-1013-MWD-E; ENF ID NUMBER: 11925; LOCATION: Nacogdoches, Nacogdoches County, Texas; TYPE OF FACILITY: mobile home park; RULES VIOLATED: Texas Water Code, §26.121 by discharging wastewater from the Facility's wastewater treatment plant without authorization; 30 TAC §305.42 by failing to apply for a TNRCC wastewater discharge permit; 30 TAC §325.2 by failing to provide operational oversight of the Facility by a certified wastewater operator; Texas Water Code, §26.121 by discharging wastewater from the Facility's collection system without authorization; PENALTY: $13,125; STAFF ATTORNEY: Laura Kohansov, Litigation Division, MC 175, (512) 239-2029; REGIONAL OFFICE: 3870 Eastex Freeway, Suite 110, Beaumont, Texas 77703, (409) 898-3838.

(6)COMPANY: Israel Leal dba Lockwood Collision Repair; DOCKET NUMBER: 98-0122- AIR-E; TNRCC ID NUMBER: HX-1421-L; LOCATION: Houston, Harris, Texas; TYPE OF FACILITY: automotive paint and refinishing shop; RULES VIOLATED: 30 TAC §116.115(a) and §106.436(12) and Texas Health and Safety Code, §382.085(b) by not meeting the distance requirements for the spray booth, as documented during an inspection conducted on March 3, 1997; PENALTY: $1,440; STAFF ATTORNEY: Ali Abazari, Litigation Division, MC 175, (512) 239-5915; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas, 77023-1486, (713) 767- 3500.

(7)COMPANY: Richard Wimberly; DOCKET NUMBER: 98-0534-OSI-E; ENF ID NUMBER: 12213; LOCATION: Bremond, Robertson County, Texas; TYPE OF FACILITY: on-site septic facility; RULES VIOLATED: 30 TAC §285.50(b) and Texas Health and Safety Code, §366.071 by operating as an on-site sewage system installer without being properly registered with the commission; Texas Health and Safety Code, §366.051(a) and (c) by failing to hold a permit and an approved plan to construct the on-site septic facility; 30 TAC§285.58(a)(1) by failing to call for the required inspection(s) from the permitting authority; 30 TAC §285.30 by failing to conduct a proper site evaluation before constructing the on-site septic facility; Texas Health and Safety Code, §366.054 by failing to notify the department or authorized agent of the date on which he planned to begin construction of the on-site septic facility; PENALTY: $3,000; STAFF ATTORNEY: Kathy Keils, Litigation Division, MC 175, (512) 239-0678; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7807, (254) 751-0335.

(8)COMPANY: San Angelo Feedyard; DOCKET NUMBER: 97-0738-AGR-E; TNRCC ID NUMBER: 01522; LOCATION: Tom Green and Runnells County, Texas; TYPE OF FACILITY: concentrated animal feeding operation; RULES VIOLATED: TAC §321.36(a), Texas Water Code, §26.121(a), and TNRCC Permit Number 01522 by discharging waste and wastewater from the Facility without proper authority; PENALTY: $3,200; STAFF ATTORNEY: Bill Jang, Litigation Division, MC 175, (512) 239-2269; REGIONAL OFFICE: 301 West Beauregard Avenue, Suite 202, San Angelo, Texas 76903-6326, (512) 655-9479.

(9)COMPANY: Bell Processing, Incorporated; DOCKET NUMBER: 97-1142-MSW-E; TNRCC ID NUMBER: 1571, 40048, 40101; LOCATION: Wichita County, Texas; TYPE OF FACILITY: municipal solid waste landfill; RULE VIOLATED: 30 TAC §330.111 and §330.130, the commission rules, and Bell's approved Landfill Gas Management Plan, Site Development Plan, and Site Operating Plan by failing to properly conduct quarterly landfill gas monitoring with a properly calibrated gas monitoring instrument at the Type I Facility and failing to follow the requirements for Facility development and operation; 30 TAC §330.133 and §330.111 by failing to apply daily cover and/or alternative material daily cover, at the Type I Facility, sufficient to control disease vectors, fires, odors, windblown litter or waste, and scavenging; Texas Health and Safety Code, §361.032 by failing to allow a TNRCC Abilene Regional Office investigator to fully conduct and complete a routinely scheduled inspection of the Type I Facility on September 10, 1997; 30 TAC §;330.65, 330.111, and 330.116 by failing to either follow TNRCC preconstruction requirements for a new transfer station adjacent to the landfill or to file an amendment to its Site Operating Plan to allow the use of the road for traffic other than Type I municipal solid waste site traffic and to allow the removal of the fence surrounding the permitted boundary; 30 TAC §;330.117(b), 330.136(c), and 330.111 by failing to properly dispose of used oil filters, used oil, and oil cans, by baling and landfilling used oil filters, used oil, and oil cans in an unauthorized area; 30 TAC §330.120 and §330.111 by failing to control windblown waste and litter; 30 TAC §;330.134, 330.127, and 330.111 by failing to properly control ponded water and dust at the Type I Facility; 30 TAC §330.132 and §330.111 by failing to compact unbaled waste; 30 TAC §330.122 and §330.111 by failing to maintain the required landfill markers; 30 TAC §330.133(f) by failing to promptly repair erosion to the intermediate cover of cells located west and south of the vehicle maintenance area; 30 TAC §330.133(g) and §330.111 by failing to maintain the required cover log, as required by commission rules and the approved Site Operating Plan; 30 TAC §330.9 and §330.285 by failing to submit a proper form of financial assurance for the Bowie Facility and for the Burkburnett Facility prior to operation; 30 TAC §330.282(b) by failing to provide continuous financial assurance coverage for closure costs until all requirements of final closure plan were completed and the Bowie Facility and/or the Burkburnett Facility was officially closed in writing by the executive director; PENALTY: $88,321; STAFF ATTORNEY: Mary R. Risner, Litigation Division, MC 175, (512) 239-6224; REGIONAL OFFICE:209 South Danville, Suite B200, Abilene, Texas 79605-1451, (915) 698-9674.

TRD-9900182

Paul C. Sarahan

Director, Litigation Division

Texas Natural Resource Conservation Commission

Filed: January 13, 1999

On February 8, 1999, MCI Telecommunications Corporation (MCI), AT&T Communications of the Southwest, Inc. (AT&T) and/or Teleport Communications Group, Inc. (TCG) are scheduled to file substitution pages for their interconnection agreements with Southwestern Bell Telephone Company (SWBT) 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 substitution pages for their interconnection agreements are to be filed pursuant to the arbitration awards in Petition of Teleport Communications Group, Inc. for Arbitration to Establish an Interconnection Agreement Between Teleport Communications Group, Inc. and Southwestern Bell Telephone Company in Docket Number 16196 and in Relating to the Implementation of SWBT's Interconnection Agreements with AT&T and MCI in Docket Number 19000. The petitions for arbitration, interconnection agreements being amended and the substitution pages for the interconnection agreements will be available for public inspection at the commission's offices in Austin, Texas.

The FTA authorizes the commission to review and approve any interconnection agreement that is a result of arbitration. Pursuant to FTA §252(e)(2) the commission may reject any agreement resulting from an arbitration award if it finds that the agreement does not meet the requirements of section 251, including the regulations prescribed by the commission pursuant to FTA §251, or the standards set forth in FTA §252(d). 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 30 days after it is submitted by the parties.

Pursuant to the procedural rules of the commission, public comment is allowed before the commission issues a final decision approving or rejecting the interconnection agreement. Any interested person may file written comments regarding the agreement by filing 13 copies of the comments with the commission's filing clerk. Additionally, a copy of the comments should be served on MCI, AT&T, TCG and SWBT. The comments should specifically refer to Docket Numbers 16196 and 19000. Such comments shall be limited to whether the agreement meets the requirements of FTA and relevant portions of state law. The comments shall be filed by February 19, 1999. If the comments request rejection or modification of the agreement, the interested person must provide the following information:

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) does not meet the requirements of FTA §251, including any Federal Communications Commission regulation implementing FTA §251; or

b) is not consistent with the standards established in FTA §252(d); 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.

Persons with questions about these dockets 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 Numbers 16196 and 19000.

TRD-9900058

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: January 7, 1999

On February 18, 1999, KMC Telecom, Inc. (KMC) is scheduled to file substitution pages for its interconnection agreement with Southwestern Bell Telephone Company (SWBT) 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 substitution pages for its interconnection agreement are to be filed pursuant to the arbitration award in Complaint of KMC Telecom, Inc. Against Southwestern Bell Telephone Company for Violations of §251(c)(4) of the Telecommunications Act of 1996 in Docket Number 17759. The complaint, interconnection agreement being amended and the substitution pages for the interconnection agreement will be available for public inspection at the commission's offices in Austin, Texas.

The FTA authorizes the commission to review and approve any interconnection agreement that is a result of arbitration. Pursuant to FTA §252(e)(2) the commission may reject any agreement resulting from an arbitration award if it finds that the agreement does not meet the requirements of §251, including the regulations prescribed by the commission pursuant to FTA §251, or the standards set forth in FTA §252(d). 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 30 days after it is submitted by the parties.

Pursuant to the procedural rules of the commission, public comment is allowed before the commission issues a final decision approving or rejecting the interconnection agreement. Any interested person may file written comments regarding the agreement by filing 13 copies of the comments with the commission's filing clerk. Additionally, a copy of the comments should be served on KMC and SWBT. The comments should specifically refer to Docket Number 17759. Such comments shall be limited to whether the agreement meets the requirements of FTA and relevant portions of state law. The comments shall be filed by March 2, 1999. If the comments request rejection or modification of the agreement, the interested person must provide the following information:

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) does not meet the requirements of FTA §251, including any Federal Communications Commission regulation implementing FTA §251; or

b) is not consistent with the standards established in FTA §252(d); 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 agreement. The commission shall have the authority given to a presiding officer pursuant to P.U.C. Procedural Rule §22.202.

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, PO 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 17759.

TRD-9900123

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: January 11, 1999

An attorney with the Texas Water Development Board will conduct a public hearing beginning at: 10:00 a.m., March 8, 1999, Room 118, Stephen F. Austin Building, 1700 North Congress Avenue, Austin, Texas 78701, on a proposed amendment to the Fiscal Year 1999 - 2003 Project Priority List for the Clean Water State Revolving Fund (CWSRF). The Project Priority List is an alphabetical listing of wastewater treatment projects which will be eligible for funding during FY 1999 - 2003 through the Clean Water State Revolving Fund program. The proposed amendment will add one project to the Project Priority List; however, this action will have no impact on the project rankings contained in the FY 1999 CWSRF Intended Use Plan. The Project Priority List has been prepared pursuant to rules for the Clean Water State Revolving Fund as adopted by the Texas Water Development Board in 31 T.A.C. Chapter 363.

Interested persons are encouraged to attend the hearing and to present relevant and material comments concerning the proposed Project Priority List. In addition, persons may participate in the hearing by mailing written comments before the above date to Helen Dean, Manager, Grants Administration and Special Reporting, Texas Water Development Board, P.O. Box 13231, Capitol Station, Austin, Texas 78711. On or about January 22, 1999, copies of the proposed FY 1999 - 2003 Project Priority List will be available in Room 543 of the Stephen F. Austin Building or may be obtained from the Grants Administration and Special Reporting Section, Texas Water Development Board, P.O. Box 13231, Capitol Station, Austin, Texas 78711, on that date.

The hearing is being conducted pursuant to 31 T.A.C. Chapter 363 (Rules of the Texas Water Development Board) and 40 Code of Federal Regulation, Section 25.5.

TRD-9900148

Suzanne Schwartz

General Counsel

Texas Water Development Board

Filed: January 12, 1999