On March 24, 2000, the director of the Bureau of Radiation Control (bureau), Texas Department of Health, approved the settlement agreement between the bureau and Maxim Technologies, Inc. (licensee-L01934) of Fort Worth. A total administrative penalty in the amount of $10,000 was assessed the licensee for violations of 25 Texas Administrative Code, Chapter 289. Of the total administrative penalty, $7,500 shall be forgiven if the licensee complies with additional settlement agreement requirements.

A copy of all relevant material is available for public inspection Monday-Friday, 8:00 a.m. to 5:00 p.m. (except holidays). Contact Chrissie Toungate, Custodian of Records, Bureau of Radiation Control, Texas Department of Health, 1100 West 49th Street, Austin, Texas 78756- 3189, by calling (512) 834-6688, or by visiting the Exchange Building, 8407 Wall Street, Austin, Texas.

TRD-200002588

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: April 11, 2000

Notice of Emergency Cease and Desist Order on Universal MRI and Diagnostics, Inc.

Notice is hereby given that the Bureau of Radiation Control (bureau) ordered Universal MRI and Diagnostics, Inc. (registrant-R18519) of Houston to cease and desist performing fluoroscopic procedures with the General Electric x-ray unit (Model Number 46-173450G1; Serial Number 52405WK8) at its facility in Humble until the entrance exposure rate is within regulatory limits. The bureau determined that continued radiation exposure to patients in excess of that required to produce a diagnostic image constitutes an immediate threat to public health and safety, and the existence of an emergency. The order will remain in effect until the bureau authorizes the registrant to perform the procedure.

A copy of all relevant material is available for public inspection at the Bureau of Radiation Control, Texas Department of Health, Exchange Building, 8407 Wall Street, Austin, Texas, telephone (512) 834-6688, Monday-Friday, 8:00 a.m. to 5:00 p.m. (except holidays).

TRD-200002589

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: April 11, 2000

Notice of Emergency Impoundment Order on Buddy W. Butler

Notice is hereby given that the Bureau of Radiation Control (bureau) ordered Buddy W. Butler (licensee-L05115) of Midland to immediately surrender to the bureau for impoundment all sources of radiation possessed by the licensee. The bureau determined that the licensee was storing unauthorized sources of radioactive material. The possession and storage of unauthorized sources of radioactive material constitute an immediate threat to public health and safety, and the existence of an emergency.

TRD-200002587

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: April 11, 2000

Notice of Intent to Revoke Certificates of Registration

Pursuant to 25 Texas Administrative Code §289.205, the Bureau of Radiation Control (bureau), Texas Department of Health (department), filed complaints against the following registrants for failure to pay fees: Image Engineering Corporation, Somerville, Massachusetts, Z00204; Diagnostic Technology, Kingwood, R14764; PKP Medical Equipment Repair, Watauga, R20082; Palace Healthcare Corporation, Harlingen, R23805; Xcel Mobile Imaging, Inc., Arlington, R22179; Shenouda-Smith Clinic, Edna, R15765; Bernhard H. Landgrebe, M.D., San Antonio, R23884; Mesa Chiropractic of Pecos/Ultra Venture Group, LLC, Pecos, R19564; Laney Chiropractic and Rehabilitation Center, Keller, R18126; Jeffrey L. Eakin, D.D.S., Houston, R19415; David H. Grinsfelder, D.D.S., Dallas, R17998.

The department intends to revoke the certificates of registration; order the registrants to cease and desist use of radiation machine(s); order the registrants to divest themselves of such equipment; and order the registrants to present evidence satisfactory to the bureau that they have complied with the orders and the provisions of the Texas Health and Safety Code, Chapter 401. If the fee is paid within 30 days of the date of each complaint, the department will not issue an order.

This notice affords the opportunity to the registrants for a hearing to show cause why the certificates of registration should not be revoked. A written request for a hearing must be received by the bureau within 30 days from the date of service of the complaint to be valid. Such written request must be filed with Richard A. Ratliff, P.E., Chief, Bureau of Radiation Control (Director, Radiation Control Program), 1100 West 49th Street, Austin, Texas 78756-3189. Should no request for a public hearing be timely filed or if the fee is not paid, the certificates of registration will be revoked at the end of the 30-day period of notice. A copy of all relevant material is available for public inspection at the Bureau of Radiation Control, Texas Department of Health, Exchange Building, 8407 Wall Street, Austin, Monday-Friday, 8:00 a.m. to 5:00 p.m. (except holidays).

TRD-200002590

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: April 11, 2000

Notice of Request for Proposals for Provision of Hospital Services

INTRODUCTION

The Texas Department of Health (department) requests proposals from licensed general acute care hospitals for provision of hospital services on behalf of the department in the Lower Rio Grande Valley region. The contract period will be September 1, 2000, through August 31, 2001.

PURPOSE

The contracted services will include: (1) inpatient treatment of tuberculosis (TB); and (2) inpatient and outpatient gynecological surgery.

ELIGIBLE APPLICANTS

Eligible applicants include general acute care hospitals in the lower Rio Grande Valley region. The applicant must meet criteria stated in the Request for Proposals (RFP) relating to TB management and gynecological surgery; must be licensed as a general hospital under the Texas Hospital Licensing Law, Health and Safety Code, Chapter 241; and be currently accredited by the Joint Commission on Accreditation of Healthcare Organizations.

FUNDING

The department will reimburse the contracting hospital(s) at the applicable Medicaid rates. Only medical staff designated by the department may admit and manage the care of patients under the contract.

DEADLINE

The RFP will be issued on or about April 26, 2000. Applications will be due forty-five days following issuance of the RFP.

INFORMATION

For additional information and a copy of the RFP, contact Ms. Wanda Thompson, Hospital Project Manager, Texas Department of Health, 1100 W. 49th Street, Austin, Texas 78756, Telephone (512) 458-7720, Fax (512) 458-7577, or E-mail Wanda.Thompson@tdh.state.tx.us.

TRD-200002601

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: April 12, 2000

Texas Health and Human Services Commission

Public Hearing on Strategic Plan

The Health and Human Services Commission (HHSC) will conduct a public hearing to receive public comment on the development of the Health and Human Services Commission's Strategic Plan . A draft of the strategic plan will be available on HHSC's WEB site (www.hhsc.state.tx.us) on or around April 28, 2000.

The public hearing is intended to provide the opportunity for public input and participation. Members of the public, clients of health and human service agencies, providers of services and other interested parties are encouraged to participate. Testimony and comments should focus on the mission and operation of the Health and Human Services Commission and on the draft of the strategic plan.

The hearing will be held on May 12, 2000 in Austin, Texas, beginning at 9:00 a.m., Central Time, at the Texas Department of Mental Health and Mental Retardation Headquarters Building auditorium, located at 909 W. 45th Street. Written comments may be submitted to the Health and Human Services Commission until May 12, 2000. Please address written comments to the attention of Karl Urban at 4900 North Lamar Blvd., 4th Floor, Austin, Texas 78751.

AGENDA

9:00 a.m.

I. Welcoming remarks and opening comments - Don A. Gilbert, Commissioner

II. Public Testimony

III. Closing Comments - Don A. Gilbert, Commissioner

Persons with disabilities who wish to attend the hearing and require auxiliary aids or services should contact Karl Urban at (512) 424-6638 seven days prior to the hearing so that appropriate arrangements can be made.

TRD-200002603

Marina S. Henderson

Executive Deputy Commissioner

Texas Health and Human Services Commission

Filed: April 12, 2000

Texas Department of Housing and Community Affairs

Correction of Error

The Texas Department of Housing and Community Affairs adopted new 10 TAC §1.5, concerning the Department's contract monitoring policy. The rule was published in the April 14, 2000, Texas Register (25 TexReg 3238).

Due to errors by the Texas Register, the Part name was published incorrectly as "Community Development". It should read "Texas Department of Housing and Community Affairs." Also, the effective date was published incorrectly as "April 8, 2000." The correct effective date is "April 18, 2000."

TRD-200002565

Houston-Galveston Area Council

Request For Proposal

Description: The Houston-Galveston Area Council (H-GAC), as the Metropolitan Planning Organization (MPO), is requesting written proposals to determine the process necessary to acquire, store, and retrieve traffic volume and speed data currently being collected by its data collection devices on Houston area roadways. H-GAC will use these data for planning purposes; therefore, this is a non-construction contract. In addition, this project is a demonstration project in the Priority Corridor Program as Work Order #16. The Study Area for this project is defined as the Houston/Brazoria/Galveston-Texas City Consolidated Metropolitan Statistical Area (CMSA), which includes Brazoria, Chambers, Fort Bend, Galveston, Harris, Liberty, Montgomery, and Waller Counties. This area is also referred to as the Transportation Management Area (TMA). The Request for Proposal (RFP) can be viewed on H-GAC's web page at http://www.hgac.cog.tx.us/transportation/ by clicking on the "Get RFPs" tab on the upper left corner.

A preliminary engineering report for this project will be provided to the consultant along with the RFP as a guide for activities for this project. Both can be obtained at the H-GAC offices at 3555 Timmons Lane, Suite 500, Houston, Texas, 77027, or by contacting Mr. Jerry Bobo or Mr. Tung-Lung Cheng at (713) 627-3200.

A pre-proposal meeting is scheduled for April 25, 2000 at 3:15 p.m. at H-GAC's Conference Room "B" (Second Floor of 3555 Timmons Lane, Houston, Texas 77027). Questions from consultants concerning any aspect of the RFP will be addressed during this meeting. The deadline for the submission of this proposal is May 16, 2000 by 4 p.m.

TRD-200002445

Alan Clark

MPO Director

Houston-Galveston Area Council

Filed: April 5, 2000

Texas Lottery Commission

RFP Lottery System Consulting Services

The Texas Lottery Commission announces the issuance of a Request for Proposals for Lottery System Consulting Services (the "RFP"). The purpose of the RFP is to obtain proposals from qualified vendors to provide independent expertise on all aspects of on-line and instant gaming systems including, but without limitation, state of the art equipment, software and all related operational issues dealing with a mainframe computer, telecommunications network and the actual terminals that generate on-line tickets; instant ticket validation systems; field and telemarketing; and instant ticket warehousing and distribution.

Proposers responding to the RFP are expected to provide the Texas Lottery with information, evidence and demonstrations that will permit awarding a contract in a manner that provides the best value to the Texas Lottery.

The RFP is issued in accordance with the State Lottery Act, Texas Government Code Chapter 466, and the procurement rules of the Texas Lottery. All responses to the RFP are subject to the requirements of the State Lottery Act and the procurement rules of the Texas Lottery, regardless of whether specifically addressed in either the RFP or the response. All Proposers should read and be familiar with the State Lottery Act and the procurement rules of the Texas Lottery.

The time schedule for awarding a contract under this RFP is shown below. The Texas Lottery reserves the right to amend the schedule.

Issuance of RFP - April 7, 2000

Letter of Intent to Propose Due - April 21, 2000 (4:00 p.m., CT)

Written Questions Due - April 24, 2000 (4:00 p.m., CT)

Answers to Written Questions Issued - May 2, 2000

Deadline for Proposals - May 15, 2000 (4:00 p.m., CT)

Announcement of the Apparent Successful Proposer - May 22, 2000

To obtain a copy of the RFP, please contact Ridgely C. Bennett, Deputy General Counsel, Texas Lottery Commission, P.O. Box 16630, Austin, Texas 78761-6630, telephone (512) 344-5050, or by facsimile at (512) 344-5189.

TRD-200002605

Ridgely C. Bennett

Deputy General Counsel

Texas Lottery Commission

Filed: April 12, 2000

Lower Colorado River Authority

Request for Qualifications Environmental Impact Study

The Lower Colorado River Authority (LCRA) is soliciting Statements of Qualifications (SOQs) from firms that perform consulting services that are interested in being considered for a contract to prepare an Environmental Impact Study (EIS) for the Northern Hays and Southwestern Travis County Water Supply System project. The LCRA will manage the EIS contractor, with oversight from the U.S. Fish and Wildlife Service (FWS) and input from stakeholders.

General Statement

LCRA is a conservation and reclamation district of the State of Texas, created by the Legislature of the State of Texas in 1934. The LCRA was created for the purpose of providing reliable, low-cost utility and public services in partnership with its customers and communities and to use its leadership role and environmental authority to ensure the protection and constructive use of the area's natural resources. LCRA receives no tax money nor can the agency levy taxes. LCRA is governed by a fifteen member Board of Directors, which is appointed by the Governor of Texas with the consent of the Texas Senate.

LCRA intends to develop a short-list of three to five qualified firms based on responses to this RFQ. The short-listed firms will then be invited to be interviewed by a selection committee. Following interviews, the highest ranked firm will be invited to prepare a proposal for the EIS. However, LCRA reserves the right to eliminate the interview phase and select an EIS contractor based solely on the SOQs received in response to this solicitation.

The Need

Northern Hays County is experiencing phenomenal growth and currently depends solely on groundwater for its water supply. However, groundwater in the area is inadequate, particularly in times of drought. In fact, the Texas Natural Resources Conservation Commission (TNRCC) has designated northern Hays County as one of the State's first priority groundwater management areas. And, earlier this year, Hays County received a letter from the Governor's office warning that the county appears to be entering a significant drought. The need to provide surface water to northern Hays and western Travis Counties has been studied and evaluated for at least 10 years. While the problem has been studied, growth in the area has continued, and stress on existing groundwater supplies has increased.

Development of a Solution

LCRA commenced the pursuit of a surface water solution for northern Hays and western Travis Counties in 1995 at the request of the TNRCC, the Texas Water Development Board (TWDB), the Texas Rural Water Association (TRWA), the Dripping Springs Water Supply Corporation, and local government officials. Population in the region had increased by about 30% since 1990, and Dripping Springs was estimating that it would need surface water by the year 2000. In response to this need and the requests for service, LCRA began to identify the water needs for the area. In the spring of 1995, LCRA held a public meeting on the subject in Dripping Springs where dozens of interested citizens volunteered to serve on an advisory group.

In March of 1996, LCRA published a Regional Surface Water System Feasibility Study for the area, which recommended the water line extensions and infrastructure improvements currently proposed. In November of 1998, the LCRA Board of Directors approved the Hays County water line, allocating up to $25 million for the project and authorizing the LCRA staff to proceed.

The Environmental Impact Study

The area that the water line is proposed to serve contributes to the recharge of the Edwards Aquifer. This portion of the Edwards Aquifer is the source of water for Barton Springs, the only known habitat for the Barton Springs Salamander, a federally listed endangered species. The U.S. Fish & Wildlife Service (FWS) convened an advisory group to assist with the development of a recovery plan for the Barton Springs salamander. The draft recovery plan, expected to be completed this month, will add to the information and analysis regarding the species, possible adverse impacts from growth and potential mitigative measures to protect the salamander and its habitat.

In 1999, several environmental groups filed Notices of Intent (NOI) to sue the LCRA, FWS, and a host of others under the Endangered Species Act (ESA) and other laws to stop the water line project from moving forward. The Texas Capitol Area Builders Association filed its own NOI against FWS and the Department of Interior (but not the LCRA) under the ESA for actions taken relative to the protection of the Barton Springs salamander.

Concern has been expressed that the provision of surface water will trigger growth in the area and that the growth will impact water quality in the Barton Springs watershed. To address these concerns, the LCRA developed a Memorandum of Understanding (MOU) with the FWS that required all new development to meet certain water quality protection measures prior to receiving surface water service. This agreement was approved at the local and regional level of FWS, but has been stalled at the national office.

Due to worsening drought conditions, the failure of the proposed MOU with the FWS to address secondary impacts and escalating concern over the impact of development on the environment, LCRA decided to change its course of action to advance the project. To that end, LCRA announced that it would immediately commence a state-of-the-art study to evaluate potential environmental impacts of the water line in accordance with federal guidelines and standards in an open, public process. The study will follow the basic guidance of the National Environmental Policy Act (NEPA), but will not be a formal Environmental Impact Statement with a federal sponsor.

No federal agency is requiring that an Environmental Impact Statement be completed. The LCRA is commencing the study on a voluntary basis in cooperation with the Fish and Wildlife Service and other federal, state, and local agencies. This will allow LCRA and the public to determine what the impacts of the water line will be and how they should be addressed. A map of the proposed study area is available.

[Figure]

Contractor Objectivity Requirements

The LCRA is interested in contracting with a firm experienced in and knowledgeable of a number of technical areas, as described below. In view of the intense public interest in the project, another major consideration in LCRA's selection process is the contractor's objectivity and lack of conflict in the issues related to the proposed project. Consequently, LCRA will evaluate the objectivity of potential EIS contractors by reviewing information provided in response to this RFQ. It is anticipated that consulting teams will be formed to provide the capabilities requested in this RFQ. Among the factors which may be considered potential conflicts are the following:

* A firm or team member who has given public testimony for or against the City of Austin's SOS Ordinance

* A firm or team member who has had involvement in the State of Texas legislation involving Water Quality Protection Zones

* A firm or team member who is currently working for any landowner in the proposed water supply system service area or for any private stakeholder of the proposed water supply system

* A firm or individual team member who has a financial interest in the outcome of the EIS

* Because the Barton Springs Salamander Recovery Team may serve in a review capacity for the EIS, Recovery Team members are not eligible to participate as part of a consulting team for the EIS.

Firms are required to disclose any potential conflicts with respect to the factors listed above.

Technical Capabilities

An important aspect of the EIS for the proposed project is the subject of secondary impacts. Secondary impacts are indirect changes in the environment that are induced or triggered by the direct impacts of a project. In the case of the proposed water supply system, concern has been expressed that the provision of surface water supplies to the proposed service area will trigger residential and commercial development of the area. Such development may have water quality effects that some believe may be a threat to the endangered Barton Springs salamander. Because of the complexity of these concerns and issues, the SOQs submitted in response to this RFQ should demonstrate capabilities and experience in addressing the following regulatory areas and technical disciplines, in addition to all technical disciplines commonly associated with EIS preparation:

* The National Environmental Policy Act (NEPA) process, including knowledge of and experience in using decision tools for assessing multiple complex variables and performing alternatives analysis;

* Endangered Species Act (ESA) consultation and permitting;

* Endangered aquatic/aquifer species and systems;

* Surface and ground water quality;

* Surface water hydrology, hydrogeology, and recharge;

* Nonpoint-source (NPS) pollution controls;

* Relationships between impervious cover and pollutant loading;

* Fate of NPS pollutants;

* Knowledge of local controls on development;

* Demographics;

* Market and housing trend analyses in rapidly growing southern U.S. suburban areas;

* Water availability and water supply issues;

* Secondary and Cumulative impacts analyses, especially with regard to provision of utilities;

* Mitigative measures, especially with regard to NPS pollution.

Through a separate RFQ and selection process, LCRA will contract with a public involvement consultant to develop, manage, and facilitate a public involvement program for the project. The selected EIS contractor will be expected to participate in public involvement meetings and workshops arranged by the facilitator.

Selection Criteria

Those firms which are judged to be the best qualified to provide the requested services, based on the SOQs submitted in response to this RFQ will be ranked by a selection committee. The basis for rankings will include the following:

Objectivity (30%) - Ability of prime and subcontractors to meet the objectivity requirements described above.

Technical Qualifications (30%) - Demonstrated capabilities, specialized experience, and competence in the technical areas listed above, including familiarity with environmental regulations and procedures.

Project Management and Personnel (20%) - Education, training, and relevant experience of the Project Manager and other key personnel on the project team.

Performance Record (20%) - Evidence of professional excellence, staffing capability, record of meeting performance and delivery requirements for similar projects.

At the conclusion of the ranking process, the three to five highest ranked firms based on the responses received to the RFQ will be invited to interview with the selection committee. Based on the results of the interviews, the highest ranked firm will be invited to respond to a Request for Proposals that requires submittal of a detailed scope of work, schedule, and cost estimate for conducting the Environmental Impact Study. The LCRA will negotiate a contract with the top ranked firm. LCRA reserves the right to eliminate the interview phase and select an EIS contractor based solely on the SOQs received in response to this RFQ. In either case, if agreement cannot be reached with the top ranked firm, negotiations will be terminated and negotiations started with the next most qualified firm.

Questions About this RFQ

Questions regarding the scope and qualification requirements of this RFQ must be submitted in written form and delivered to the Purchasing Agent identified below or faxed to the attention of the Purchasing Agent at (512) 473-4094.

Subcontracting with Disadvantaged Business Enterprises and Small Business Enterprises

Purchaser is under contract with the United States government, and is required through such contract to adopt measures designed to encourage contractual relationships with Small Business Enterprises and Disadvantaged Business Enterprises, as those terms are defined by federal statute and/or regulation. Purchaser has established annual contracting participation targets (based on contract amounts) of 25 percent and 10 percent with Small Business Enterprises and Disadvantaged Business Enterprises, respectively. Contractor must agree to use best efforts to ensure that Small Business Enterprises and Disadvantaged Business Enterprises participate in subcontracting opportunities at rates approximating the goals established by Purchaser.

Subcontracting with Historically Underutilized Businesses:

Contractor agrees to employ their best efforts to ensure that HUBs are offered equal subcontracting opportunities to provide such services, materials, and/or labor as may be required to perform in a future contract as a result of this RFQ. Contractor is encouraged to subcontract with or purchase materials from HUBs within the applicable market area.

LCRA has established a subcontracting goal of 10 percent (of total prime contract value) for qualified HUBs. This goal is a flexible target that shall not in any case be construed as a fixed quota or mandatory requirement.

Within 10 days of contract award, the contractor shall submit the following information with respect to HUB subcontractors (i) a list of HUB subcontractors, including the amount of each subcontract, and (ii) proof of HUB certification form any political subdivision or governmental agency of the State of Texas that certifies subcontractors. The contractor shall, upon request by the LCRA, promptly produce documentation of (i) its efforts to subcontract with, or purchase materials from HUB firms, and (ii) subcontracts actually awarded, specifically identifying those awarded to HUB contractors or suppliers. To assist the LCRA with its HUB reporting requirements, contractor agrees to provide with each invoice submitted to the LCRA, sufficient detail to allow the LCRA to determine moneys spent with HUB subcontractors during the period of the invoice.

Equal Opportunity in Employment

During the performance of the services provided, the SERVICE PROVIDER agrees to comply with the applicable provisions of State and Federal Equal Opportunity in Employment statutes and regulations.

Insurance Requirements

Contractor shall maintain at least the insurance coverage specified below and shall provide to LCRA an insurance certificate listing the coverage before starting any Work. The coverage shall not be construed as establishing or limiting Contractor's liability under the indemnity provision. Owners shall be listed as an "additional named insured" on all policies other than the Workers Compensation policy.

(a) Workers' Compensation

Coverage A - statutory

Coverage B - $500,000 employer's liability

(b) General Liability

Bodily Injury $500,000 per person

Bodily Injury $1,000,000 per occurrence

Property Damage $1,000,000 per occurrence

Bodily Injury $2,000,000 per occurrence

Property Damage $1,000,000 per occurrence

Schedule

Response to this Request for Qualifications due to LCRA by 5:00 pm May 12, 2000. After this date, LCRA staff may contact firms who have responded to the RFQ to request clarification of information submitted.

Required Qualifications Information

In order to evaluate qualifications, the following information shall be included in the response:

1) Transmittal letter with original signature of the person authorized to obligate the firm or joint venture; location of the offices where the work is to be performed (if the work is to be shared among firms and offices at different locations, indicate where each office is located and what work is to be performed in each office); summary description of the work to be performed by each subconsultant firm proposed for the project, e-mail address and FAX number of the prime consultant to which correspondence can be sent;

2) General description of consulting firm, subconsultants, organizational structure, including number of employees, specialty areas of expertise, and volume of annual business;

3) An organizational chart including prime consultant and subconsultants, showing the proposed relationships between the key personnel and support staff who are expected to participate on the project and which aspects of the work each person will be responsible for performing. Include resumes from every individual shown on the Organization Chart and the function which this person will be expected to fulfill in connection with this project. Personnel in responsible charge of any engineering services must be registered in the respective discipline in the State of Texas.

4)Description of firm and subconsultant qualifications and experience relative to the technical capabilities and issues outlined in the RFQ. Provide information on relevant project experience applicable to the proposed contract which were worked on by people shown on the Organization Chart and whose resumes are included. Include the owner's telephone number and the name of a person who can provide a reference, including an indication of the size of the related work for which the consultant was responsible.

5) Disclosure of potential conflicts as outlined in the Contractor Objectivity Requirements.

6) Documentation on consultant's status as a historically underutilized business or documentation of the consultant's subcontractor's status as a historically underutilized business;

7) The Statement of Qualifications must be submitted as a bound document with no more that 30 pages of text.

Submittal of Qualifications

The consultant shall submit five (5) copies of the information requested to:

Lower Colorado River Authority

3700 Lake Austin Boulevard, H403

Austin, Texas 78703

Attn: Edward Oppermann, Purchasing Agent

Please contact me at (512) 473-3210, if you have any questions. Thank you for your interest in working with LCRA.

TRD-200002602

Thomas G. Mason

General Counsel

Lower Colorado River Authority

Filed: April 12, 2000

Texas Natural Resource Conservation Commission

Enforcement Orders

An order was entered regarding LEROY J. EVERETT & JACKIE L. EVERETT, INDIVIDUALLY, AND JACKIE L. EVERETT DBA CEDAR BAYOU MOBILE HOME PARK, Docket No. 1998-0213-MWD-E; SOAH Docket No. 582-99-0681 on March 24, 2000 assessing $12,500 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting John Peeler, Staff Attorney at (512) 239-3506 or Brian Lehmkuhle, Enforcement Coordinator at (512) 239-4482, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding MACHELLE RALLS DBA MJL INVESTMENTS DBA TRES RIOS RV RIVER RESORT & CAMPGROUND, Docket No. 1998-0792-PWS-E; PWS No. 2130027 on March 28, 2000 assessing $8,200 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Richard O'Connell, Staff Attorney at (512) 239-5528 or Subhash Jain, Enforcement Coordinator at (512) 239-5867, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

A default order was entered regarding BILLIE AND MAE BROOKINS; Docket No. 1999-0491-AGR-E; SOAH Docket No. 582-99-2628 on March 28, 2000 assessing $6,250 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting William Puplampu, Staff Attorney at (512) 239-0677 or Laurie Eaves, Enforcement Coordinator at (512) 239-4495, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding BILL SISSON DBA SOUTHWEST SPORTS PLEX, Docket No. 1999-1092-PWS-E; 1520227 on March 28, 2000 assessing $1,125 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Sandy VanCleave, Enforcement Coordinator at (512) 239-0667, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding CITY OF ALEDO, Docket No. 1999-0565- MWD-E; WQ Permit No. 10847-001 on March 28, 2000 assessing $15,000 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Brian Lehmkuhle, Enforcement Coordinator at (512) 239-4482, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding UTEX INDUSTRIES, INCORPORATED, Docket No. 1999-1160-AIR-E; Air Account No. CR-0025-P on March 28, 2000 assessing $2,500 in administrative penalties with $500 deferred.

Information concerning any aspect of this order may be obtained by contacting Miriam Hall, Enforcement Coordinator at (512) 239-1044, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding JOHNNY CLEMONS DBA CLEMONS AUTO SALES, Docket No. 1999-1325-AIR-E; Air Account No. KB-0183-V on March 28, 2000 assessing $500 in administrative penalties with $100 deferred.

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

An agreed order was entered regarding D AND R METAL FINISHING, Docket No. 1999-1011-AIR-E; Air Account No. HG-1790-Q on March 28, 2000 assessing $2,500 in administrative penalties with $500 deferred.

Information concerning any aspect of this order may be obtained by contacting Carl Schnitz, Enforcement Coordinator at (512) 239-1892, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding L. F. MANUFACTURING, INC., Docket No. 1999-0918-AIR-E; Air Account No. LF-0053-U on March 28, 2000 assessing $2,500 in administrative penalties with $500 deferred.

Information concerning any aspect of this order may be obtained by contacting Julia McMasters, Enforcement Coordinator at (512) 239-5839, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding VINTAGE PETROLEUM, INC., Docket No. 1999-0985-AIR-E; Air Account No. JB-0054-E on March 28, 2000 assessing $2,500 in administrative penalties with $500 deferred.

An agreed order was entered regarding JEFF JEFFERS ENTERPRISES, INC. DBA JEFF'S AUTO SALES, Docket No. 1999-1271-AIR-E; Air Account No. GI-0273-U on March 28, 2000 assessing $1,125 in administrative penalties with $225 deferred.

Information concerning any aspect of this order may be obtained by contacting Kristi Jones, Enforcement Coordinator at (512) 239-1258, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding GULFSTREAM AEROSPACE CORP., Docket No. 1999-1001-AIR-E; Air Account No. DB-1589-T on March 28, 2000 assessing $2,500 in administrative penalties with $500 deferred.

Information concerning any aspect of this order may be obtained by contacting 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 NABISCO, INC., Docket No. 1999-1053-AIR- E; Air Account No. HG-0854-W on March 28, 2000 assessing $2,500 in administrative penalties with $500 deferred.

An agreed order was entered regarding RANGERREO, L.P., Docket No. 1999-1146- AIR-E; Air Account No. EA-0042-C on March 28, 2000 assessing $2,500 in administrative penalties with $500 deferred.

An agreed order was entered regarding DUC NGUYEN DBA NINA MART, Docket No. 1999-1101-PST-E; PST Store ID No. 0010460 on March 28, 2000 assessing $1,250 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Sheila Smith, Enforcement Coordinator at (512) 239-1670, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding JOSEPH STROM DBA K & C QUICK STOP, Docket No. 1999-1098-PST-E; PST Facility ID No. 0025495 on March 28, 2000 assessing $5,400 in administrative penalties with $1,080 deferred.

Information concerning any aspect of this order may be obtained by contacting David Van Soest, Enforcement Coordinator at (512) 239-0468, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding AL HADI, INC., Docket No. 1999-0939-PST-E; PST Facility ID Nos. 20784 and 20766 on March 28, 2000 assessing $10,000 in administrative penalties with $2,000 deferred.

Information concerning any aspect of this order may be obtained by contacting Laura Kohansov, Staff Attorney at (512) 239-2029 or Sushil Modak, Enforcement Coordinator at (512) 239-2142, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding COUGAR STOP, INC., Docket No. 1999-0793- PST-E; PST Facility ID No. 0015941 on March 28, 2000 assessing $2,500 in administrative penalties with $500 deferred.

Information concerning any aspect of this order may be obtained by contacting Kent Heath, Enforcement Coordinator at (512) 239-4575, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding METRO SUPPLIERS, INCORPORATED, Docket No. 1999-0992-PST-E; PST Facility ID No. 0037325 on March 28, 2000 assessing $5,000 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Tina Rosenzweig, Enforcement Coordinator at (512) 339-2929, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding NORTH GREEN MUNICIPAL UTILITY DISTRICT, Docket No. 1999-1015-MWD-E; WQ Permit No. 12206-001 and NPDES Permit No. TX0083381 on March 28, 2000 assessing $2,000 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Eric Reese, Enforcement Coordinator at (512) 239-2611, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding THE CITY OF RAYMONDVILLE, Docket No. 1999-1036-MWD-E; WQ Permit No. 10365-00 and TPDES Permit No. TX0024546 on March 28, 2000 assessing $2,500 in administrative penalties with $500 deferred.

Information concerning any aspect of this order may be obtained by contacting Kimberly McGuire, Enforcement Coordinator at (512) 239-4761, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding WEST HARDIN COUNTY CONSOLIDATED ISD, Docket No. 1999-1091-MWD-E; WQ Permit No. 11274-001 and NPDES Permit No. TX0030813 on March 28, 2000 assessing $2,000 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Sherry Smith, Enforcement Coordinator at (512) 239-0572, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding BRIDGEPOINT PROPERTY OWNERS ASSOCIATION, INC, Docket No. 1999-1064-PWS-E; PWS No. 1500106 on March 28, 2000 assessing $938 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Sandy Van Cleave, Enforcement Coordinator at (512) 239-0667, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding TREETOP UTILITIES INC DBA TREETOP ESTATES, Docket No. 1999-0955-PWS-E; 1840134 on March 28, 2000 assessing $1,350 in administrative penalties with $270 deferred.

Information concerning any aspect of this order may be obtained by contacting Michael De La Cruz, Enforcement Coordinator at (512) 239-0259, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding HAYS COUNTY YOUTH ATHLETIC ASSOCIATION, INC., Docket No. 1999-0114-PWS-E; PWS No. 1050096 on March 28, 2000 assessing $3,500 in administrative penalties with $2,900 deferred.

Information concerning any aspect of this order may be obtained by contacting Gayle Stewart, Enforcement Coordinator at (512) 239-1136, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding MAX & MAX INC. DBA LAKEVIEW INN, Docket No. 1998-0691-PWS-E; PWS ID No. 2330018; Enforcement ID No. 12658 on March 28, 2000 assessing $4,063 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Paul Beasley, Enforcement Coordinator at (515)239-1759, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding SEVERN TRENT ENVIRONMENTAL SERVICES, INC., Docket No. 1999-0882-WOC-E; Certificate of Competency No. 22035 on March 28, 2000 assessing $3,750 in administrative penalties with $750 deferred.

An agreed order was entered regarding RONNIE STEPHENS, Docket No. 1999-1062- WR-E; No Water Rights Permit No. on March 28, 2000 assessing $1,250 in administrative penalties with $250 deferred.

Information concerning any aspect of this order may be obtained by contacting Jayme Brown, Enforcement Coordinator at (512) 239-1683, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding BILLY HAMMONS DBA B & H SEPTIC SERVICE, Docket No. 1999-0945-SLG-E; Sludge Transporter Registration No. 20425 on March 28, 2000 assessing $1,000 in administrative penalties with $200 deferred.

An agreed order was entered regarding THE SPACER COMPANY INCORPORATED, Docket No. 1998-1468-MLM-E; SWR No. 81568; Enforcement ID No. 13186 on March 28, 2000 assessing $28,000 in administrative penalties with $5,600 deferred.

Information concerning any aspect of this order may be obtained by contacting Robin Houston, Staff Attorney at (512) 239-0682 or Michael De La Cruz, Enforcement Coordinator at (512) 239-0259, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding DAVID BAILEY DBA BAILEY EGG FARM, Docket No. 1999-0313-AGR-E; Water Quality Permit No. 02759-001 on March 28, 2000 assessing $12,500 in administrative penalties with $2,500 deferred.

Information concerning any aspect of this order may be obtained by contacting David Speaker, Staff Attorney at (512) 239-2548 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 DYRL AND DEAL EBANKS DBA IDEAL ENTERPRISES, Docket No. 1999-0667-MSW-E; TNRCC ID No. 27024; Enforcement ID No. 13650) on March 28, 2000 assessing $3,000 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting William Puplampu, Staff Attorney at (512) 239-0677 or Tim Haase, Enforcement Coordinator at (512) 239-6088, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding SOLVAY POLYMERS, INC., Docket No. 1999-0795-IWD-E; WQ Permit No. 00544 on March 28, 2000 assessing $18,750 in administrative penalties.

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 SOLVAY INTEROX, INC., Docket No. 1999- 0794-IWD-E; WQ Permit No. 02544 on March 28, 2000 assessing $375 in administrative penalties.

An agreed order was entered regarding WILLIAM L. BONNELL CO., INC. DBA BON L. CAMPO, LIMITED PARTNERSHIP, Docket No. 1999-0920-IWD-E; WQ Permit No. 01208 and NPDES Permit No. TX0030597 on March 28, 2000 assessing $2,500 in administrative penalties.

An agreed order was entered regarding FRONTIER AUTOMOTIVE, INC., Docket No. 1999-0735-IHW-E; No ISW Registration No. on March 28, 2000 assessing $5,000 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Ryan Tisdale, Enforcement Coordinator at (512) 239-0004, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding GULF CHEMICAL & METALLURGICAL CORPORATION, Docket No. 1999-0943-IHW-E; SWR No. 30952 on March 28, 2000 assessing $14,800 in administrative penalties with $2,960 deferred.

Information concerning any aspect of this order may be obtained by contacting Susan Johnson, Enforcement Coordinator at (512) 239-2555, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding LONGHORN COUNCIL OF BOY SCOUTS OF AMERICA DBA SID RICHARDSON SCOUT RANCH, Docket No. 1999-1133-PWS-E; PWS No. 2490021 on March 28, 2000 assessing $813 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Elvia Maske, Enforcement Coordinator at (512) 239-0884, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

TRD-200002593

LaDonna Castañuela

Chief Clerk

Texas Natural Resource Conservation Commission

Filed: April 11, 2000

Notice of Opportunity to Comment on Default Orders of Administrative Enforcement Actions

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 (the 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 May 22, 2000 . 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 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 May 22, 2000 . 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 numbers; however, comments on the Default Orders should be submitted to the TNRCC in writing .

(1)COMPANY: Gary Cmeron; DOCKET NUMBER: 1998-0688-OSI-E; TNRCC ID NUMBER: 229-434; LOCATION: Spurger, Tyler County, Texas; TYPE OF FACILITY: on-site sewage facility (OSSF); RULES VIOLATED: 30 TAC §285.30(f) by failing to install a system which meets the minimum standards of an OSSF; 30 TAC §285.58(a)(10) by failing to return to the site and work on the OSSF without just cause for at least 30 consecutive days; and 30 TAC §285.20(b) by failing to pay the reinspection fee; PENALTY:$1,500; STAFF ATTORNEY: I-Jung Chiang, Litigation Division, MC R-12, (713) 767-3500; REGIONAL OFFICE: 3870 Eastex Freeway, Suite 110, Beaumont, Texas 77703-1892, (409) 898-3838.

(2)COMPANY: Joe Hamilton dba Keg Korner; DOCKET NUMBER: 1999-0443-PST-E; TNRCC ID NUMBER: 71627; LOCATION: Farm-to-Market (FM) Road 1476 and FM Road 1496, Proctor, Comanche County, Texas; TYPE OF FACILITY: underground storage tanks (USTs); RULES VIOLATED: 30 TAC §334.7(a)(1) and the Code, §26.436(a) by failing to register with the commission, on authorized forms, USTs in existence on or after September 1, 1987; 30 TAC §334.401(a) by failing to utilize a contractor registered with the commission; 30 TAC §334.414 by failing to utilize a licensed installer or on-site supervisor; and 30 TAC §334.55(a)(3), (6), (b)(4)(A), and (e) by failing to complete the permanent removal from service of an UST system in a manner designed to minimize the risks to human health and safety or the environment, by failing to conduct a site assessment in response to the permanent removal from service of an UST system, and by failing to transport a tank from the removal site within 24 hours of removal; 30 TAC §334.21 by failing to pay required annual UST registration fees; PENALTY: $7,500; STAFF ATTORNEY: Nathan Block, Litigation Division, MC 175, (512) 239-4706; REGIONAL OFFICE: 1977 Industrial Boulevard, Abilene, Texas 79602-7833, (915) 698-9674.

(3) COMPANY: Rubina Marwaha and Brijinder Nijjar dba Shop N Go; DOCKET NUMBER: 1998-1365-PST-E; TNRCC ID NUMBER: 0027223; LOCATION: 7211 FM Road 1960 West, Humble, Harris County, Texas; TYPE OF FACILITY: UST; RULES VIOLATED: 30 TAC §115.241 and Texas Health and Safety Code, §382.085(b) by failing to install a required Stage II vapor recovery system; 30 TAC §334.7(d)(3) by failing to amend or update the facility's UST registration; and 30 TAC §334.22(a) and the Code, §26.358(b) by failing to pay all outstanding annual UST registration fees for 1997 and 1998; PENALTY: $4,950; STAFF ATTORNEY: Scott McDonald, Litigation Division, MC 175, (512) 239-6005; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

TRD-200002596

Paul C. Sarahan

Director, Litigation Division

Texas Natural Resource Conservation Commission

Filed: April 11, 2000

Notice of Opportunity to Comment on Settlement Agreements of Administrative Enforcement Actions

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 May 22, 2000 . 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 May 22, 2000 . 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: The City of Baird; DOCKET NUMBER: 1999-1016-MWD-E; IDENTIFIER: Permit Number 10037-001; LOCATION: Baird, Callahan County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: Permit Number 10037-001 and the Code, §26.121, by failing to comply with the ammonia nitrogen daily average permit limit of three milligrams per liter (mpl); PENALTY: $3,000; ENFORCEMENT COORDINATOR: Laurie Eaves, (512) 239-4495; REGIONAL OFFICE: 1977 Industrial Boulevard, Abilene, Texas 79602-7833, (915) 698-9674.

(2)COMPANY: City of Bryan; DOCKET NUMBER: 1999-1096-IWD-E; IDENTIFIER: Permit Number 01906; LOCATION: Bryan, Brazos County, Texas; TYPE OF FACILITY: steam generated electric power plant; RULE VIOLATED: Permit Number 1906 and the Code, §26.121, by failing to comply with permitted effluent limits; PENALTY: $8,000; ENFORCEMENT COORDINATOR: Eric Reese, (512) 239-2611; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

(3)COMPANY: Carmel Industries, Inc. dba Highway 290 Truck Stop (Shell); DOCKET NUMBER: 1999-1377-PST-E; IDENTIFIER: Petroleum Storage Tank (PST) Facility Identification Number 0035658; LOCATION: Hempstead, Waller County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §115.245(1) and the Act, §382.085(b), by failing to conduct initial compliance testing of the Stage II vapor recovery equipment; 30 TAC §334.48(c), by failing to conduct inventory control at a retail facility; 30 TAC §334.50(b)(1)(A) and (2)(A)(i)(III), and the Code, §26.3475(c)(1), by failing to monitor the underground storage tanks (USTs) monthly for releases and test a line leak detector once per year for performance and operational reliability; and 30 TAC §334.7(d)(3), by failing to amend, update, or change registration information; PENALTY: $5,600; ENFORCEMENT COORDINATOR: Trina Lewison, (713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023- 1486, (713) 767-3500.

(4)COMPANY: Charles Wooley dba Chasco S-Store; DOCKET NUMBER: 2000-0019-PST-E; IDENTIFIER: PST Facility Identification Number 0061916; LOCATION: Fort Worth, Tarrant County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §115.245(1)(A), by failing to perform the annual pressure decay test of the Stage II vapor recover system (VRS); PENALTY: $1,250; ENFORCEMENT COORDINATOR: Julia McMasters, (512) 239-5839; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 469-6750.

(5)COMPANY: Chisolm Trail Special Utility District; DOCKET NUMBER: 1999-1213-PWS-E; IDENTIFIER: Public Water Supply (PWS) Number 2460121; LOCATION: Liberty Hill, Williamson County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.39(h)-(j), by failing to submit plans and specifications and obtain approval for modifications to a public water supply system prior to construction; and 30 TAC §290.45(b)(1)(C)(iv), by failing to comply with the requirement to supply a well capacity of 0.6 gallons per minute and minimum pressure tank capacity of 20 gallons per connection; PENALTY: $938; ENFORCEMENT COORDINATOR: Tina Rosenzweig, (512) 339-2929; REGIONAL OFFICE: 1921 Cedar Bend Drive, Suite 150, Austin, Texas 78758-5336, (512) 339-2929.

(6)COMPANY: Paul David Daugherty; DOCKET NUMBER: 1999-1581-OSI-E; IDENTIFIER: On-Site Sewage Facility (OSSF) Identification Number OS6780; LOCATION: Joshua, Johnson County, Texas; TYPE OF FACILITY: on-site sewage; RULE VIOLATED: 30 TAC §285.58(a)(3) and (8), and the THSC, §366.051(c) and §366.054, by failing to obtain the permitting authority's authorization before installing an OSSF and to be present at the job site during all phases of an OSSF installation or represented by an apprentice; PENALTY: $700; ENFORCEMENT COORDINATOR: Robbie Allen, (512) 239-3142; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 469-6750.

(7)COMPANY: E. I. Dupont De Nemours and Company, Inc.; DOCKET NUMBER: 1999- 1415-AIR-E; IDENTIFIER: Air Account Number OC-0007-J; LOCATION: Orange, Orange County, Texas; TYPE OF FACILITY: petrochemical plant; RULE VIOLATED: 30 TAC §116.115(c), 40 Code of Federal Regulations (CFR) §60.73(a), Air Permit Number 9468, and the Act, §382.085(b), by failing to have a continuous emission monitor to measure nitrogen oxides; PENALTY: $12,500; ENFORCEMENT COORDINATOR: Susan Kelly, (409) 898-3838; REGIONAL OFFICE: 3870 Eastex Freeway, Suite 110, Beaumont, Texas 77703-1892, (409) 898-3838.

(8)COMPANY: E. I. Dupont De Nemours and Company, Inc.; DOCKET NUMBER: 1999- 0812-IWD-E; IDENTIFIER: Permit Number 00474 and National Pollutant Discharge Elimination System (NPDES) Permit Number TX0007293; LOCATION: LaPorte, Harris County, Texas; TYPE OF FACILITY: chemical manufacturing; RULE VIOLATED: Permit Number 00474 and NPDES Permit Number TX0007293, by allegedly exceeding its daily average ammonia nitrogen loading limit of 242 pounds per day (lbs/day) and its daily maximum loading limit of 726 lbs/day; PENALTY: $18,000; ENFORCEMENT COORDINATOR: Mike Meyer, (512) 239-4492; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(9)COMPANY: Emmett Properties, Inc.; DOCKET NUMBER: 1999-0365-IHW-E; IDENTIFIER: Enforcement Identification Number 13293; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: industrial and hazardous waste storage; RULE VIOLATED: 30 TAC §335.4 and the Code, §26.121, by allegedly allowing the unauthorized disposal and discharge of hazardous waste paint sludge; and 30 TAC §335.6 and §335.63, by failing to provide notification of storage and disposal activities at the site; PENALTY: $9,600; ENFORCEMENT COORDINATOR: Tom Greimel, (512) 239-5690; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(10)COMPANY: Entergy Gulf States, Inc.; DOCKET NUMBER: 1999-1500-MWD-E; IDENTIFIER: NPDES Permit Number TX0067890; LOCATION: Willis, Montgomery County, Texas; TYPE OF FACILITY: steam electric station; RULE VIOLATED: NPDES Permit Number TX0067890 and the Code, §26.121, by failing to comply with their permit limit for total suspended solids daily average concentration permit limit; PENALTY: $1,500; ENFORCEMENT COORDINATOR: Gayle Stewart, (512) 239-1136; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023- 1486, (713) 767-3500.

(11)COMPANY: Gardner Glass Products; DOCKET NUMBER: 1999-0764-AIR-E; IDENTIFIER: Air Account Number WA-0041-A; LOCATION: Huntsville, Walker County, Texas; TYPE OF FACILITY: mirror manufacturing; RULE VIOLATED: 30 TAC §122.121, §122.130(b)(1), and the Act, §382.054, by failing to submit the required abbreviated initial application for a Title V federal operating permit; PENALTY: $2,000; ENFORCEMENT COORDINATOR: Rohit Bali, (713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(12)COMPANY: Mr. Nadir Ali dba Get N Go #3 and Mr. Toby Gallegos; DOCKET NUMBER: 1999-1574-PST-E; IDENTIFIER: UST Facility Identification Number 47665; LOCATION: Port Lavaca, Calhoun County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.7(d)(3), by failing to provide amended registration for any change or additional information regarding USTs; 30 TAC §334.49(a) and the Code, §26.3475, by failing to install a system designed to protect all buried metallic components of an UST system from corrosion; 30 TAC §334.50(a)(1)(A) and the Code, §26.3475, by failing to have a release detection method; and 30 TAC §334.93, by failing to demonstrate the required financial responsibility for taking corrective action; PENALTY: $6,160; ENFORCEMENT COORDINATOR: Audra Baumgartner, (361) 825-3100; REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5503, (361) 825-3100.

(13)COMPANY: Grupo Gor; DOCKET NUMBER: 1999-1461-IHW-E; IDENTIFIER: Solid Waste Registration Number 84690; LOCATION: McAllen, Hidalgo County, Texas; TYPE OF FACILITY: trucking company; RULE VIOLATED: 30 TAC §335.10(b)(15), by failing to ensure that the manifest contains the designated facility's identification number; 30 TAC §263.30(c)(1), by failing to properly notify the National Response Center and the United States Department of Transportation in the event of a spill; 30 TAC §335.91(c) and 40 CFR §263.10(c)(1) and §262.30, by failing to comply with standards applicable to transporters of hazardous waste and having the appropriate placards; PENALTY: $9,680; ENFORCEMENT COORDINATOR: Fara O'Neal, (956) 425-6010; REGIONAL OFFICE: 1804 West Jefferson Avenue, Harlingen, Texas 78550-5247, (956) 425-6010.

(14)COMPANY: Harris County Municipal Utility District No. 26; DOCKET NUMBER: 1999- 1497-MWD-E; IDENTIFIER: Permit Number 11406-001 and NPDES Permit Number TX0056537; LOCATION: Humble, Harris County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: Permit Number 11406-001, NPDES Permit Number TX0056537, and the Code, §26.121, by failing to comply with their ammonia nitrogen 30-day average concentration permit limit of three mpl; PENALTY: $1,500; ENFORCEMENT COORDINATOR: Julia McMasters, (512) 239-5839; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(15)COMPANY: Jobe Concrete Products, Inc.; DOCKET NUMBER: 1999-1414-AIR-E; IDENTIFIER: Air Account Number EE-0034-D; LOCATION: El Paso, El Paso County, Texas; TYPE OF FACILITY: crushed stone processing; RULE VIOLATED: 30 TAC §122.121, §122.130(b)(1), and the Act, §382.054 and §382.085(b), by failing to submit an initial abbreviated federal operating permit application; PENALTY: $2,000; ENFORCEMENT COORDINATOR: Rebecca Cervantes, (915) 834-4949; REGIONAL OFFICE: 401 East Franklin, Suite 560, El Paso, Texas 79901, (915) 834-4949.

(16)COMPANY: Lake Livingston Water Supply and Sewer Service Corporation dba Forest Hills Water System; DOCKET NUMBER: 2000-0142-PWS-E; IDENTIFIER: PWS Number 1870068; LOCATION: Livingston, Polk County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.106(a)(1), by failing to have a sample site plan; 30 TAC §290.44(d)(5), by failing to provide the water system with sufficient gate valves; and 30 TAC §290.41(c)(1)(F), by failing to secure sanitary easements for all property within 150 feet of the well; PENALTY: $188; ENFORCEMENT COORDINATOR: Laura Clark, (409) 898-3838; REGIONAL OFFICE: 3870 Eastex Freeway, Suite 110, Beaumont, Texas 77703-1892, (409) 898-3838.

(17)COMPANY: Lonza, Inc.; DOCKET NUMBER: 1999-1545-IHW-E; IDENTIFIER: Industrial Solid Waste Registration Number 31409; LOCATION: Pasadena, Harris County, Texas; TYPE OF FACILITY: chemical manufacturing; RULE VIOLATED: 30 TAC §335.69(a)(1)(B) incorporating §335.112(a)(9) and 40 CFR §262.34(a)(1)(ii) incorporating 40 CFR §265.192(a) and (b) and §265.193(a), (b), (c), and (e), by failing to provide adequate secondary containment systems for three hazardous waste tanks; PENALTY: $12,500; ENFORCEMENT COORDINATOR: Trina Lewison, (713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(18)COMPANY: Mercury Forwarding Agency, Inc.; DOCKET NUMBER: 1999-0986-AIR-E; IDENTIFIER: Air Account Number MI-0037-O; LOCATION: Eagle Pass, Maverick County, Texas; TYPE OF FACILITY: pelt animal hide forwarding warehouse; RULE VIOLATED: 30 TAC §101.4, by failing to have avoided causing a nuisance; and 30 TAC §330.5, by failing to have had on-site generated waste collected; PENALTY: $2,640; ENFORCEMENT COORDINATOR: Malcolm Ferris, (210) 490-3096; REGIONAL OFFICE: 140 Heimer Road, Suite 360, San Antonio, Texas 78232-5042, (210) 490-3096.

(19)COMPANY: Quality Recycling of America, Inc. dba Quality Tire Recycling; DOCKET NUMBER: 1999-1241-MSW-E; IDENTIFIER: Tire Generator Registration Number 14964; LOCATION: San Antonio, Bexar County, Texas; TYPE OF FACILITY: scrap tire generating and transportation; RULE VIOLATED: 30 TAC §330.804(d), by failing to identify vehicles used for transportation of used or scrap tires; and 30 TAC §330.810(a), by failing to limit on ground storage of used or scrap tires; PENALTY: $6,400; ENFORCEMENT COORDINATOR: Malcolm Ferris, (210) 490-3096; REGIONAL OFFICE: 140 Heimer Road, Suite 360, San Antonio, Texas 78232-5042, (210) 490-3096.

(20)COMPANY: Ransom Industries, Inc.; DOCKET NUMBER: 1999-1139-IWD-E; IDENTIFIER: Permit Number 01793; LOCATION: Swan, Smith County, Texas; TYPE OF FACILITY: metal pipe manufacturing; RULE VIOLATED: Permit Number 01793 and the Code, §26.121, by failing to meet the daily maximum limit of one mpl for zinc and 200 mpl for chemical oxygen demand; PENALTY: $15,000; ENFORCEMENT COORDINATOR: Joseph Daley, (512) 239- 3308; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.

(21)COMPANY: Seatrax, Inc.; DOCKET NUMBER: 1999-0366-IHW-E; IDENTIFIER: Enforcement Identification Number 13293; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: industrial crane manufacturing; RULE VIOLATED: 30 TAC §335.4, §335.2(b), and the Code, §26.121, by allegedly allowing the discharge of paint sludge; 30 TAC §335.6 and §335.63, by failing to obtain TNRCC registration numbers and United States Environmental Protection Agency identification numbers as a generator of hazardous waste and include all necessary information; 30 TAC §335.9(a)(2), by failing to submit annual waste summaries; 30 TAC §335.69(a)(1)(A) and (4), by failing to provide personnel training, conduct weekly inspections of hazardous waste container storage areas, and have a contingency plan; 30 TAC §335.62, by failing to conduct hazardous waste determination on rags used for application of solvent or clean-up of oil; 30 TAC §335.9(a)(1), by failing to keep records regarding the generation, storage, processing, or disposal of industrial and hazardous waste; and 30 TAC §335.474, by failing to develop a source reduction and waste minimization plan; PENALTY: $93,125; ENFORCEMENT COORDINATOR: Tom Greimel, (512) 239-5690; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(22)COMPANY: Sheffield Water Supply Corporation; DOCKET NUMBER: 1999-1263-PWS-E; IDENTIFIER: PWS Number 1860004; LOCATION: Sheffield, Pecos County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.44(d) and §290.46(u), by failing to provide minimum water pressure of 35 pounds per square inch throughout the distribution system; PENALTY: $525; ENFORCEMENT COORDINATOR: Dan Landenberger, (915) 570-1359; REGIONAL OFFICE: 3300 North A Street, Building 4, Suite 107, Midland, Texas 79705-5404, (915) 570-1359.

(23)COMPANY: Nasim Aziz dba Three Amigos; DOCKET NUMBER: 2000-0022-PST-E; IDENTIFIER: PST Facility Identification Number 0063159; LOCATION: Fort Worth, Tarrant County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §115.245(1), by failing to successfully perform initial compliance testing for an approved Stage II VRS; PENALTY: $720; ENFORCEMENT COORDINATOR: Erika Fair, (512) 239-6673; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 469-6750.

(24)COMPANY: The City of Trinidad; DOCKET NUMBER: 1999-1231-PWS-E; IDENTIFIER: PWS Number 1070004; LOCATION: Trinidad, Henderson County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.43(c)(6) and §290.46(m), by failing to conduct a proper maintenance program on the north clearwell to prevent significant corrosion; 30 TAC §290.45(b)(2)(B), by failing to provide a treatment plant capacity of 0.6 gallons per minute per connection; 30 TAC §290.46(e)(2), by failing to provide at least a grade "C" surface water operator on duty at the plant; 30 TAC §290.41(e)(3)(C) and (D), by failing to locate the raw water pump station in a well-drained area or to provide facilities to prevent flooding of the equipment, enclose the raw water pump station with an intruder-resistant fence, and provide an all weather road to the raw water pump station; 30 TAC §290.42(d)(5), by failing to properly install flow measuring devices; and 30 TAC §290.42(d)(10)(C)(ii), (iv), and (v), (D)(ii), (9)(B), and (12), by failing to have the filter discharge piping designed with an orifice, have each filter unit equipped with a manually adjustable rate-of-flow controller, have each filter unit equipped with a device to indicate loss-of-head through the filter, replace or repair the malfunctioning rate-of-flow controllers and leaking valves, repair and level the effluent weirs on the two radial flow clarifiers, and identify the influent, effluent, waste, backwash, and chemical lines in the water treatment plant; PENALTY: $2,538; ENFORCEMENT COORDINATOR: Carolyn Lind, (903) 535-5100; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.

(25)COMPANY: Zee Manufacturing Company, Incorporated; DOCKET NUMBER: 1999-1469- AIR-E; IDENTIFIER: Air Account Number BG-0539-U; LOCATION: San Antonio, Bexar County, Texas; TYPE OF FACILITY: wood cabinet manufacturing; RULE VIOLATED: 30 TAC §116.115(c) and Air Permit Number 20857, by failing to limit the use of top coat and catalyst; PENALTY: $6,250; ENFORCEMENT COORDINATOR: Malcolm Ferris, (210) 490-3096; REGIONAL OFFICE: 140 Heimer Road, Suite 360, San Antonio, Texas 78232-5042, (210) 490-3096.

TRD-200002581

Paul Sarahan

Director, Litigation Division

Texas Natural Resource Conservation Commission

Filed: April 11, 2000

Notice of Opportunity to Comment on Settlement Agreements of Administrative Enforcement Actions

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 (the Code), §7.075. Section 7.075 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 T141-Texas Register not later than the 30th day before the date on which the public comment period closes, which in this case is May 22, 2000 . 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, 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 May 22, 2000 . 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: Emmett Properties, Incorporated; DOCKET NUMBER: 1999-0365-IHW-E; TNRCC IDENTIFICATION (ID) NUMBER: NONE; LOCATION: south of Weiman Road, Houston, Harris County, Texas; TYPE OF FACILITY: industrial and hazardous waste storage and disposal site; RULES VIOLATED: 30 TAC §335.4 and the Code, §26.121 by allowing the unauthorized disposal and discharge of hazardous waste paint sludge and containers at the site; and 30 TAC §335.6 and §335.63 by failing to provide notification to the authorities of storage and disposal activities at the site, at least 90 days prior to engaging and by failing to obtain an United States Environmental Protection Agency (EPA) identification number for the site; PENALTY: $12,000; STAFF ATTORNEY: William Puplampu, Litigation Division, MC 175, (512) 239-0677; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(2)COMPANY: Leroy Kirbie, Sr. dba Kirbie Septic Tank and Ditching Service; DOCKET NUMBER: 1999-0948-SLG-E; TNRCC ID NUMBER: 710369; LOCATION: four miles northwest of the intersection of U.S. Highway 199 and Farm-to-Market Road (FM) 1886, and on the north side of FM Road 1886 in Azle, Tarrant County, Texas; TYPE OF FACILITY: sludge transportation; RULES VIOLATED: 30 TAC §312.47(b) by failing to develop and maintain a record of the description of how the pathogen requirements and the vector attraction reduction requirements are being met when domestic septage is applied to agricultural land, forest, or a reclamation site; PENALTY: $1250; STAFF ATTORNEY: Scott McDonald, Litigation Division, MC 175, (512) 239-6005; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 469-6750.

(3)COMPANY: Seatrax, Incorporated; DOCKET NUMBER: 1999-0366-IHW-E; TNRCC ID NUMBER: NONE; LOCATION: 13223 Spencer Road, Houston, Harris County, Texas; TYPE OF FACILITY: manufacturer of industrial cranes for off-shore rigs; RULES VIOLATED: 30 TAC §335.4 and §335.2(b) and the Code, §26.121 by allowing the discharge or imminent threat of discharge of 51 55-gallon drums and 69 one-gallon containers of paint sludge; characteristically hazardous TCLP for Methyl Ethyl Ketone, EPA ID number D035, and F-listed [F003 and F005]) into or adjacent to the waters in the state without obtaining specific authorization for such a discharge and caused and permitting its wastes to be stored, processed, or disposed at the site; 30 TAC §335.6 and §335.63 by failing to obtain TNRCC registration numbers and EPA ID numbers as a generator of hazardous waste and failing to include all necessary information after providing notification to the TNRCC; 30 TAC §335.9(a)(1) and (2) by failing to keep records regarding the generation, storage, processing, or disposal of industrial and hazardous waste and by failing to submit annual waste summaries detailing the management of each hazardous and Class 1 waste generated at the facility during the 1992 through 1997 calendar years; 30 TAC §335.69(a)(1)(A) and (4) by failing to provide personnel training, to conduct weekly inspections of hazardous waste container storage areas and failing to have a contingency plan; 30 TAC §335.62 by failing to conduct a hazardous waste determination on rags used for application of solvent or clean-up of oil and on absorbent used for waste clean-up; and 30 TAC §335.474 by failing to develop a source reduction and waste minimization plan; PENALTY: $93,125; STAFF ATTORNEY: William Puplampu, Litigation Division, MC 175, (512) 239-0677; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(4)COMPANY: Otto Marine Enterprises, Incorporated dba The O.M.E. Corporation; DOCKET NUMBER: 1998-1440-MLM-E; TNRCC ID NUMBERS; Water Quality Permit No. 03445 and ID No. 33729; LOCATION: 18001 East Interstate Highway 10, Channelview, Harris County, Texas; TYPE OF FACILITY: petroleum recycling and wastewater treatment; RULES VIOLATED: Water Quality Permit No. 03445 and the Code, §26.121 by discharging effluent with levels of benzene in excess of 0.5 milligrams per liter (mg/L) and toluene in excess of 1.0 mg/L, by failing to ensure that off-site wastewaters accepted for treatment are nonhazardous, and by failing to properly record the source, volume and description of each substance received for treatment; 30 TAC §319.7 and Water Quality Permit No. 03445 by failing to properly document the naphthalene and pH levels on the November 1997 monthly effluent report; 30 TAC §335.6(c) by failing to properly update the notice of registration regarding generator status, wastes and waste management units; 30 TAC §335.9(a)(2) by failing to submit annual waste summary for 1994 and 1995 as required to report quantities of Class 1 nonhazardous waste shipped off-site for disposal in 1994 and 1995; 30 TAC §335.62 by failing to perform hazardous waste determinations on three waste streams; 30 TAC §335.4 and the Code, §26.121 by discharging industrial waste onto the soil in the southeast corner of the facility's tank farm without authorization; 30 TAC §§319.6, 319.7(a)(3), (5), and 319.11(a), and Water Quality Permit No. 03445 by failing to assure the quality of the measurements for dissolved oxygen, chemical oxygen demand, and pH levels for the November and December 1997 monthly effluent reports; PENALTY: $22,110; STAFF ATTORNEY: John Peeler, Litigation Division, MC 275, (512) 239-3506; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(5)COMPANY: T and M Management and Spindletop Truck Stop, Incorporated; DOCKET NUMBER: 1998-1216-PST-E; TNRCC ID NUMBER: 17234; LOCATION: Interstate 10 East at Exit 858B, Vidor, Orange County, Texas; TYPE OF FACILITY: underground storage tanks (USTs); RULES VIOLATED: 30 TAC §334.54(d)(1)(B) and §334.55(a)(6) by failing to permanently remove from service the USTs which had been temporarily removed from service for longer than twelve month and failing to conduct a release determination; and 30 TAC §334.7(d)(3) by failing to amend, update, or change registration information; PENALTY:$9,375; STAFF ATTORNEY: Lisa Lemanczyk, Litigation Division, MC 175, (512) 239-6939; REGIONAL OFFICE: 3870 Eastex Freeway, Suite 110, Beaumont, Texas 77703-1892, (409) 898-3838.

(6)COMPANY: Tom Green County Fresh Water Supply District Number 2; DOCKET NUMBER: 1998-0430-PWS-E; TNRCC ID NUMBER: 2260004; LOCATION: 17 miles south of San Angelo on Highway 277, Christoval, Tom Green County, Texas; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.44(d)(5) and (6) by failing to provide sufficient valves and blow-offs so that necessary repairs can be made without undue interruption of service and failing to equip a six inch unused line with a flush valve to prevent inadequately disinfected and/or stagnant water from entering the distribution system; 30 TAC §290.44(c) by failing to upgrade portions of the distribution system with lines sized to provide adequate flow and pressure under all conditions; 30 TAC §290.42(j) by failing to maintain a thorough plant operations manual; PENALTY:$3,250; STAFF ATTORNEY: Nathan Block, Litigation Division, MC 175, (512) 239-4706; REGIONAL OFFICE: 622 South Oakes, Suite K, San Angelo, Texas 76903-7013, (915) 655-9479.

TRD-200002595

Paul C. Sarahan

Director, Litigation Division

Texas Natural Resource Conservation Commission

Filed: April 11, 2000

Notice of Public Hearing (Chapter 80)

The Texas Natural Resource Conservation Commission (TNRCC or commission) will conduct a public hearing to receive testimony regarding new proposed §80.128, Specific Admissibility of Evidence for Concrete Batch Plants. This notice is given under the requirements of the Texas Government Code, Subchapter B, Chapter 2001.

The proposed new section will implement Senate Bill 1298, 76th Legislature, 1999, regarding the submittal of dispersion modeling in a public hearing concerning a concrete batch plant standard permit. The proposed new §80.128, prohibits evidence regarding air dispersion modeling to be submitted at a public hearing, if the commission considers air dispersion modeling information in the course of adopting a concrete batch plant standard permit.

A public hearing on the proposed rules will be held in Austin on May 16, 2000, at 10:00 a.m. in Building F, Room 3202A at the Texas Natural Resource Conservation Commission complex, located at 12100 Park 35 Circle. The hearing is structured for the receipt of oral or written comments by interested persons. Individuals may present oral statements when called upon in order of registration. Open discussion will not occur during the hearing; however, an agency staff member will be available to discuss the proposal 30 minutes prior to the hearing and answer questions before and after the hearing.

Comments may be submitted to Angela Slupe, Office of Environmental Policy, Analysis, and Assessment, MC 205, P.O. Box 13087, Austin, Texas 78711-3087 or faxed to (512) 239-4808. Comments must be received by 5:00 p.m., May 22, 2000, and should reference Rule Log Number 1999-060-116-AI. For further information, please contact Phil Harwell at (512) 239-1517.

Persons with disabilities who have special communication or other accommodation needs who are planning to attend the hearing should contact the agency at (512) 239-4900. Requests should be made as far in advance as possible.

TRD-200002476

Margaret Hoffman

Director, Environmental Law Division

Texas Natural Resource Conservation Commission

Filed: April 7, 2000

Notice of Public Hearing (Chapter 293)

In accordance with the requirements of Texas Government Code, Chapter 2001, Subchapter B, the Texas Natural Resource Conservation Commission (TNRCC or commission) will conduct a public hearing to receive testimony concerning revisions to 30 TAC Chapter 293.

The proposed amendments to Chapter 293, concerning Water Districts, would establish new requirements relating to the administration of water districts and the commission's supervision over their actions under Texas Water Code, Chapters 49, 51, 53, and 65, as amended by House Bills 846 and 1069, 76th Legislature, 1999.

A public hearing on this proposal will be held in Austin on May 18, 2000 at 10:00 a.m. at the TNRCC complex in Building F, Room 2210, located at 12100 Park 35 Circle. The hearing will be structured for the receipt of oral or written comments by interested persons. Individuals may present oral statements when called upon in order of registration. There will be no open discussion during the hearing; however, an agency staff member will be available to discuss the proposal 30 minutes prior to the hearing and will answer questions before and after the hearing.

Persons with disabilities who have special communication or other accommodation needs who are planning to attend the hearing should contact the Office of Environmental Policy, Analysis, and Assessment at (512) 239-4900. Requests should be made as far in advance as possible.

Comments may be submitted to Lisa Martin, MC 205, TNRCC, Office of Environmental Policy, Analysis, and Assessment, P.O. Box 13087, Austin, Texas 78711-3087, or by fax to (512) 239-4808. All comments should reference Rule Log Number 1999-044-293-WT. Comments must be received by 5:00 p.m., May 22, 2000. For further information, please contact Sam Jones, P.E., Manager, Utilities and Districts Section, (512) 239-6182, or Michelle Lingo, Regulation Development Section, (512) 239-6757.

TRD-200002474

Margaret Hoffman

Director, Environmental Law Division

Texas Natural Resource Conservation Commission

Filed: April 7, 2000

Public Utility Commission of Texas

Notice of Application for Amendment to Service Provider Certificate of Operating Authority

On April 6, 2000, Ciera Network Systems, Inc. filed an application with the Public Utility Commission of Texas (commission) to amend its service provider certificate of operating authority (SPCOA) granted in SPCOA Certificate Number 60251. Applicant proposes to offer resold unbundled network elements to both business and residential customers as a non facilities- based provider.

The Application: Application of Ciera Network Systems, Inc. for an Amendment to its Service Provider Certificate of Operating Authority, Docket Number 22378.

Persons with questions about this docket or who wish to intervene or otherwise participate in these proceedings should make appropriate filings or comments to the Public Utility Commission of Texas at P.O. Box 13326, Austin, Texas 78711-3326 no later than April 26, 2000. You may contact 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. All correspondence should refer to Docket Number 22378.

TRD-200002533

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: April 10, 2000

Notice of Application for Amendment to Service Provider Certificate of Operating Authority

On April 10, 2000, Navigator Telecommunications, LLC. filed an application with the Public Utility Commission of Texas (commission) to amend its service provider certificate of operating authority (SPCOA) granted in SPCOA Certificate Number 60188. Applicant intends to remove the resale-only restriction and expand its geographic area to include the entire state of Texas.

The Application: Application of Navigator Telecommunications, LLC. for an Amendment to its Service Provider Certificate of Operating Authority, Docket Number 22387.

Persons with questions about this docket, or who wish to intervene or otherwise participate in these proceedings should make appropriate filings or comments to the Public Utility Commission of Texas at P.O. Box 13326, Austin, Texas 78711-3326 no later than April 26, 2000. You may contact 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. All correspondence should refer to Docket Number 22387.

TRD-200002584

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: April 11, 2000

Notice of Application for Service Provider Certificate of Operating Authority

Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) of an application on April 4, 2000, for a service provider certificate of operating authority (SPCOA), pursuant to §§54.151 - 54.156 of the Public Utility Regulatory Act (PURA). A summary of the application follows.

Docket Title and Number: Application of Dialtone Depot, Inc. for a Service Provider Certificate of Operating Authority, Docket Number 22368 before the Public Utility Commission of Texas.

Applicant intends to provide residential service offerings such as flat-rate local access lines and call management features such as call waiting, call forwarding, and three-way calling on a prepaid basis only.

Applicant's requested SPCOA geographic area includes the entire state of Texas.

TRD-200002452

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: April 6, 2000

Notice of Application for Service Provider Certificate of Operating Authority

Notice is given to the public of the filing with the Public Utility Commission of Texas of an application on April 5, 2000, for a service provider certificate of operating authority (SPCOA), pursuant to §§54.151 - 54.156 of the Public Utility Regulatory Act (PURA). A summary of the application follows.

Docket Title and Number: Application of Genesis Communications International, Inc. for a Service Provider Certificate of Operating Authority, Docket Number 22373 before the Public Utility Commission of Texas.

Applicant intends to provide a full range of facilities-based and resold local exchange and interexchange services including but not limited to basic residential exchange services, residential custom and CLASS features, basic business exchange services, business custom calling and CLASS features, adjunct provided features, and business and residential ancillary services.

Applicant's requested SPCOA geographic area includes the entire state of Texas.

Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas, at P.O. Box 13326, Austin, Texas 78711-3326, or call the commission's Office of Customer Protection at (512) 936-7120 no later than April 26, 2000. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136.

TRD-200002456

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: April 7, 2000

Notice of Application for Service Provider Certificate of Operating Authority

Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) of an application on April 7, 2000, for a service provider certificate of operating authority (SPCOA), pursuant to §§54.151 - 54.156 of the Public Utility Regulatory Act (PURA). A summary of the application follows.

Docket Title and Number: Application of New Connects, Inc. for a Service Provider Certificate of Operating Authority, Docket Number 22380 before the Public Utility Commission of Texas.

Applicant intends to provide resold local switched services, including, but not limited to, monthly recurring, flat-rate local exchange service, extended area service, extended metro service, foreign exchange service, foreign business office service, toll restriction, call control options, tone dialing, custom calling services, Caller ID and any other services which are available from the underlying incumbent local exchange carrier.

Applicant's requested SPCOA geographic area includes the area of Texas currently served by Southwestern Bell Telephone Company, GTE Southwest, Inc., Central Telephone Company of Texas, Inc. (Centel), and United Telephone Company of Texas, Inc.

TRD-200002583

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: April 11, 2000

Notice of Application Pursuant to Public Utility Commission Substantive Rule §26.208

Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) of an application on March 30, 2000, pursuant to P.U.C. Substantive Rule §26.208 for approval of a tariff change.

Tariff Title and Number: Application of Southwestern Bell Telephone Company To Offer Universal Service Assistance (USA) Alternative Lifeline Plan, Pursuant to P.U.C. Substantive Rule §26.208. Tariff Number 22345.

The Application: Southwestern Bell Telephone Company (SWBT) is offering Universal Service Assistance (USA) lifeline in Texas for 36 months following the effective date of this tariff. SWBT requests an October 16, 2000 tariff effective date.

Persons who wish to intervene in the proceeding or comment upon the action sought should contact the Public Utility Commission of Texas, P.O. Box 13326, Austin, Texas 78711-3326, or call the commission's Office of Customer Protection at (512) 936-7120 or (888) 782-8477. Hearing- and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136 or use Relay Texas (toll-free) 1-800-735-2989. The deadline for intervention in the proceeding will be established, but will be no earlier than May 15, 2000. The commission should receive a letter requesting intervention on or before that date. Please reference Tariff Number 22345.

TRD-200002599

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: April 12, 2000

Notice of Application to Amend Certificate of Convenience and Necessity

Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) of an application on April 4, 2000, to amend a certificate of convenience and necessity pursuant to §§14.001, 37.051, and 37.054, 37.056, 37.057 of the Public Utility Regulatory Act, Texas Utilities Code Annotated (Vernon 1998) (PURA). A summary of the application follows.

Docket Style and Number: Application of Brazos Electric Power Cooperative, Inc. (Brazos) to Amend A Certificate of Convenience and Necessity for a Proposed Transmission Line Within Johnson County. Docket Number 22367.

The Application: Brazos' route of choice originates at the proposed Crowley substation located west of FM 1902 approximately 0.7 miles northwest of the intersection of FM 1902 and CR 913. From the substation the proposed transmission line will proceed south for approximately 931 feet, turn southeast and proceed approximately 629 feet, turn south and parallel a proposed divided highway along the eastern side for approximately 6,040 feet, at which point the proposed transmission line will then parallel a property/fence line for approximately 2,020 feet, whereupon, it will turn due east for approximately 2,899 feet paralleling a road and crossing FM 1902 terminating at a tap structure located within Brazos' existing Joshua to Egan transmission line. Brazos' first alternate route runs from the substation south for approximately 7,402 feet, continuing south for approximately 2,010 feet, turning east for approximately 2,894 feet terminating at a tap structure within the Joshua to Egan transmission line. The second alternate route runs from the substation south for approximately 931 feet, turning east for approximately 1,032 feet, turning south southeast for approximately 8,659 feet, turning east crossing over FM 1902 for approximately 1,402 feet and terminating at a tap structure within the Joshua to Egan transmission line. The third alternate route runs from a proposed substation located at the northwest intersection of CR 1016 and CR 914A southeast for approximately 5,330 feet, turning further south southeast for approximately 6,293 feet and turning south for approximately 6,809 feet terminating at a tap structure within the Joshua to Egan transmission line. Copies of the amended application and additional associated maps are available for reviewing at the Brazos' office located at 2404 La Salle Avenue, Waco, Texas. Arrangements to view or obtain a map may be made by contacting David E. McDaniel at (254) 750-6324 or (888) 751-6500.

Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas at P. O. Box 13326, Austin, Texas 78711-3326 or call the commission's Office of Customer Protection at (512) 936-7120 or (888) 782-8477. Hearing and speech- impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136 or use Relay Texas (toll-free) 1-800-735-2989. The deadline for intervention in the proceeding will be established, but will be no earlier than May 19, 2000. The commission should receive a letter requesting intervention on or before that date.

TRD-200002531

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: April 10, 2000

Notice of Application to Amend Certificate of Convenience and Necessity

Docket Style and Number: Application of Lower Colorado River Authority (LCRA) to Amend A Certificate of Convenience and Necessity for a Proposed Transmission Line Within Lockhart County. Docket Number 22369.

The Application: LCRA proposes to rebuild and upgrade an existing 69 kilovolt (kV) transmission line to a 138/69 kV double-circuit transmission line on new structures within existing and possibly new rights-of-way. The proposed project is approximately 1.6 miles long and begins at the existing Lockhart Substation on State Highway 20. The new double-circuit transmission line will follow the current transmission line route, which heads north on the east side of Pancho Street crossing Fifth, Fourth, Third and First Streets. After crossing First Street, the line traverses wooded terrain and fields until reaching Rosewood Street. The line continues north on the west side of Sabine Street crossing Persimmon and Live Oak Streets, the Union Pacific Rail Road, Town Creek and Market Street. At Walnut Street, the line turns in a northeasterly direction crossing Scheh Street and a portion of Carver Kindergarten School before crossing Carver Street. From that point, the line continues to the north, northeast crossing City Park and FM 672 before terminating at the Dump Hill Substation located on the north side of FM 672. One alternative route was evaluated to re-route the line in the area of Market, Walnut, Scheh and Carver Streets. Copies of the amended application and additional associated maps are available for reviewing at the LCRA office located at 3700 Lake Austin Blvd., Austin, Texas 78703. Arrangements to view or obtain a map may be made by contacting Kelly Wells at 800- 776-5272 or 512-473-3200.

TRD-200002532

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: April 10, 2000

Notice of Filing Pursuant to Public Utility Commission Substantive Rule §26.215

Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) of a long run incremental cost (LRIC) study pursuant to P.U.C. Substantive Rule §26.215.

Docket Title and Number. GTE Southwest, Inc.'s Application for Approval of LRIC Study for ISDN PRI (Month to Month) Pursuant to P.U.C. Substantive Rule §26.215. Docket Number 22203.

Any party that demonstrates a justiciable interest may file with the administrative law judge, written comments or recommendations concerning the LRIC study referencing Docket Number 22203. Written comments or recommendations should be filed no later than 45 days after the filing date of a sufficient LRIC study and should be filed at the Public Utility Commission of Texas, 1701 North Congress Avenue, P.O. Box 13326, Austin, Texas 78711-3326. You may call the commission's 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.

TRD-200002555

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: April 10, 2000

Notice of Proceeding to Address Issues Generic to Applications for Approval of Unbundling Cost of Service Rate Dockets

Notice is given to the public of the filing of a generic proceeding with the Public Utility Commission of Texas on March 29, 2000, to address issues generic to the nine applications for approval of an unbundled cost of service rate by an electric utility.

Docket Title and Number: Generic Issues Associated with Applications for Approval of Unbundled Cost of Service Rate Pursuant to PURA §39.201 and Public Utility Commission Substantive Rule §25.344, Docket Number 22344.

The commission initiated this proceeding in order to identify and address issues generic to the nine applications for approval of an unbundled cost of service rate filed pursuant to the Public Utility Regulatory Act §39.201 and Public Utility Commission Substantive Rule §25.344 in Docket Numbers 22348, 22349, 22350, 22351, 22352, 22353, 22354, 22355, and 22356. Each applicant has filed an unbundled cost of service rate filing package, including proposed tariffs for its proposed transmission and distribution utility and supporting cost data for determination of its non-bypassable delivery charges. The generic issues to be addressed in this proceeding will be identified at a later date by order issued in the docket.

Persons who wish to comment upon, or who wish to intervene or otherwise participate in the action sought should contact the Public Utility Commission of Texas, at P.O. Box 13326, Austin, Texas 78711-3326, or call the commission's Office of Customer Protection at (512) 936-7120 no later than May 5, 2000. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136.

TRD-200002457

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: April 7, 2000

Public Notice of Amendment to Interconnection Agreement

On April 5, 2000, Northpoint Communications, Inc. and GTE Southwest, Inc., collectively referred to as applicants, filed a joint application for approval of amendment to an existing interconnection agreement under §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, Chapters 52 and 60 (Vernon 1998) (PURA). The joint application has been designated Docket Number 22374. The joint application and the underlying interconnection agreement are available for public inspection at the commission's offices in Austin, Texas.

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 ten 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 22374. 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 May 2, 2000, 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 commission's 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 22374.

TRD-200002553

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: April 10, 2000

Public Notice of Amendment to Interconnection Agreement

On April 5, 2000, Allegiance Telecom of Texas, Inc. and GTE Southwest, Inc., collectively referred to as applicants, filed a joint application for approval of amendment to an existing interconnection agreement under §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, Chapters 52 and 60 (Vernon 1998) (PURA). The joint application has been designated Docket Number 22375. The joint application and the underlying interconnection agreement are available for public inspection at the commission's offices in Austin, Texas.

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 ten 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 22375. 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 May 2, 2000, 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.

TRD-200002554

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: April 10, 2000

Request for Comments on Draft Order Relating to the System Benefit Fund

The Public Utility Commission of Texas (commission) proposes to adopt an order in Project Number 21187, System Benefit Fund Administration . The proposed order addresses collection of the non-bypassable fee for Fiscal Year 2001 pursuant to the Public Utility Regulatory Act (PURA) §39.901 and §39.903. Copies of the proposed order may be obtained from the commission's Central Records Division or from the commission's website at www.puc.state.tx.us under Project Number 21187.

Comments (16 copies) on the proposed order may be submitted to the Filing Clerk, Public Utility Commission of Texas, 1701 North Congress Avenue, P.O. Box 13326, Austin, Texas 78711-3326, no later than April 28, 2000. All comments should refer to Project Number 21187.

The commission also notifies interested persons that Project Number 21187, relating to the system benefit fund, will be concluded after the adoption of the proposed order. A new project will be created to include the entire scope of PURA §39.901 and §39.903 and any other issues relevant to the proper establishment and functioning of the system benefit fund. This project will have a new number and a revised timeline and will be posted on the commission's Web site.

TRD-200002582

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: April 11, 2000

Texas Department of Transportation

Public Notice

Transportation Code, Chapter 26 provides that a governmental entity that owns, controls, or has jurisdiction over a navigable body of water may not, in an area in which motorized boats are permitted, prohibit the takeoff, landing, or operation of a seaplane, or regulate or require a permit fee for the operation of a seaplane, without the approval of the Texas Department of Transportation.

Pursuant to 43 TAC §30.404, on March 30, 2000, the Texas Transportation Commission approved the Franklin County Water District Board's request to prohibit seaplane operations at night and to prohibit touch and go activity on Lake Cypress Springs.

TRD-200002513

Bob Jackson

Deputy General Counsel

Texas Department of Transportation

Filed: April 10, 2000