Coastal Coordination Council
Notice and Opportunity to Comment on Requests for Consistency Agreement/Concurrence under the Texas Coastal Management Program
On January 10, 1997, the State of Texas received federal approval of the
Coastal Management Program (CMP) (62 Federal Register pp. 1439-1440). Under
federal law, federal agency activities and actions affecting the Texas coastal
zone must be consistent with the CMP goals and policies identified in 31 TAC
Chapter 501. Requests for federal consistency review were received for the
following projects(s) during the period of April 26, 2000, through May 3,
2000:
FEDERAL AGENCY ACTIONS:
Applicant: City of Nassau Bay; Location: The project site is located in
the Nassau Bay Channel, which connects Clear Creek to Nassau Bay, in the City
of Nassau Bay, Harris County, Texas. CCC Project No.: 00-0134-F1; Description
of Proposed Action: The applicant proposes to amend Permit Number 21060 to
perform hydraulic dredging in the Nassau Bay Channel. The area to be dredged
is approximately 1,500 feet long with a bottom width of 40 feet. Approximately
5,400 cubic yards of dredged material will be dredged from the channel and
placed in two upland areas. Levees have been constructed around the upland
placement areas to prevent the dredged material from impacting the adjacent
wetlands. Type of Application: U.S.A.C.E. permit application #21060(10) under §10
of the Rivers and Harbors Act of 1899 (33 U.S.C.A. 403).
Applicant: The Galveston Bay Foundation; Location: The project site is
located on the eastern shoreline of Armand Bayou approximately 1 mile north
of the NASA Road One bridge in Harris County, Texas. CCC Project No.: 00-0135-F1;
Description of Proposed Action: The applicant is requesting an extension of
time to maintain and complete the work authorized under their original permit.
The original permit authorized the creation of 7 acres of intertidal wetlands.
Amendment (01) revised the project to allow for the permanent retention of
a berm designed to protect the created wetlands. Type of Application: U.S.A.C.E.
permit application #20270(02) under §10 of the Rivers and Harbors Act
of 1899 (33 U.S.C.A. 403) and §404 of the Clean Water Act (33 U.S.C.A. §§125-1387).
Applicant: Cockrell Oil Corporation; Location: The site is located on State
Tract 154, Matagorda Bay, Calhoun County, Texas. UTM Coordinates: Zone 14;
Easting: 758843; Northing: 3164390. CCC Project No.: 00-0136-F1; Description
of Proposed Action: The applicant proposes to drill wells E-1 and E-2 from
adjacent surface locations and install an ancillary structure to provide access
and protection for both wells in the S/2 of State Tract 154. Type of Application:
U.S.A.C.E. permit application #21361/005 under §10 of the Rivers and
Harbors Act of 1899 (33 U.S.C.A. 403) and §404 of the Clean Water Act
(33 U.S.C.A. §§125-1387).
Applicant: Cockrell Oil Corporation; Location: The site is located on State
Tract 154, Matagorda Bay, Calhoun County, Texas. UTM Coordinates: Zone 14;
Easting: 760173; Northing: 3164481. CCC Project No.: 00-0137-F1; Description
of Proposed Action: The applicant proposes to drill wells C-1 and C-2 from
adjacent surface locations and install an ancillary structure to provide access
and protection for both wells in the S/2 of State Tract 154. Type of Application:
U.S.A.C.E. permit application #21361/006 under §10 of the Rivers and
Harbors Act of 1899 (33 U.S.C.A. 403) and §404 of the Clean Water Act
(33 U.S.C.A. §§125-1387).
Applicant: Grover Land Tejas Development; Location: The project site is
located northwest of the intersection of County Road 522 and the San Bernard
River southwest of Guy, Fort Bend County, Texas. CCC Project No.: 00-0138-F1;
Description of Proposed Action: The applicant proposes preservation of a 55.68-acre
forested tract that contains 22.9 acres of wetlands and 32.75 acres of uplands.
The MMS Hunting Club would manage the site. Type of Application: U.S.A.C.E.
permit application #21649-revised under §404 of the Clean Water Act (33
U.S.C.A. §§125-1387).
Applicant: East Point, Ltd.; Location: The project site is located on Little
Cow Bayou at the GIWW, Brazoria County, Texas. CCC Project No.: 00-0139-F1;
Description of Proposed Action: The applicant proposes to install a water
control structure (WCS) on an existing 48-inch culvert. The purpose of the
proposed WCS is to restore hydrology to the marsh. Type of Application: U.S.A.C.E.
permit application #11339(02) under §10 of the Rivers and Harbors Act
of 1899 (33 U.S.C.A. 403).
Applicant: John Craig Lang; Location: The project is located at 1300 N.
Crystal Beach Road on the Intracoastal Waterway, Crystal Beach, Galveston
County, Texas. CCC Project No.: 00-0140-F1; Description of Proposed Action:
The applicant proposes to amend Permit Number 21595 to add a 33-foot-wide
by 30-foot-long boathouse for private use which includes two boat slip areas
and a storage area. The boathouse will be covered. Type of Application: U.S.A.C.E.
permit application #21595(01) under §10 of the Rivers and Harbors Act
of 1899 (33 U.S.C.A. 403).
Applicant: Ronald Hackney and Stacy Carterl; Location: The project site
is located on Corpus Christi Bay at 1014 Bayshore Drive, Ingleside-on-the-Bay,
San Patricio County, Texas. CCC Project No.: 00-0141-F1; Description of Proposed
Action: The applicant proposes to modify an existing 3-foot-wide by 96-foot-long
pier with an 8-foot by 10-foot terminal T-head by adding a 3-foot by 95-foot
walkway extension with a 6-foot by 13-foot terminal L-head and a 10-by 20-foot
boathouse. The boathouse will be located at the end of the extension immediately
behind the L-head. Type of Application: U.S.A.C.E. permit application #7441(01)
under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. 403).
Applicant: City of Aransas Pass; Location: The project is located at the
Community Park on Johnson Avenue, one mile south of its intersection with
SH 361, Aransas Pass, San Patricio County, Texas. CCC Project No.: 00-0142-F1;
Description of Proposed Action: The applicant proposes to construct a swimming
pool complex in the Aransas Pass Community Park, which will include a swimming
pool with recreational areas, lap lanes, and associated facilities such as
a bath house, parking area, and utility services. A total of 0.98 acre of
wetlands will be impacted by the project. Approximately 28,000 cubic yards
of dry, stockpiled, dredged material will be used to fill these areas. Type
of Application: U.S.A.C.E. permit application #18446(03) under §404 of
the Clean Water Act (33 U.S.C.A. §§125-1387).
Applicant: The Farther Point Property Owners Association; Location: The
project is located adjacent to Buffalo Bayou in the Farther Point Subdivision
in Harris County, Texas. CCC Project No.: 00-0143-F1; Description of Proposed
Action: The applicant is requesting an extension of time to complete the work
authorized under their original permit. The original permit authorized the
placement of a water pump to divert water from Buffalo Bayou into an abandoned
oxbow channel. Type of Application: U.S.A.C.E. permit application #20876(01)
under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. 403) and §404
of the Clean Water Act (33 U.S.C.A. §§125-1387).
Applicant: Edward Stanton; Location: The project is located in the Trinity
Bay section of Galveston Bay east of the Trinity River Channel, immediately
north of Double Bayou, near Oak Island, Chambers County, Texas. CCC Project
No.: 00-0144-F1; Description of Proposed Action: The applicant is seeking
an amendment and an extension of time to perform maintenance dredging in a
small boat channel used by residents in Oak Island. The original permit and
previous amendments authorized placement of the dredged material alongside
an existing sand bar island and dredging to a final configuration designed
for a federally maintained navigation channel. However, the sand bar island
and the dredged material previously placed adjacent to it eroded significantly.
Therefore, under this amendment, the applicant is seeking to place concrete,
bagged concrete, and a rip-rap berm to create a triangular confined area with
a maximum surface area of 75,000 square feet. The applicant will also construct
a 300-foot by 4-foot pier to facilitate construction and filling of the confined
area. Type of Application: U.S.A.C.E. permit application #17315(04) under §10
of the Rivers and Harbors Act of 1899 (33 U.S.C.A. 403) and §404 of the
Clean Water Act (33 U.S.C.A. §§125-1387).
Pursuant to §306(d)(14) of the Coastal Zone Management Act of 1972
(16 U.S.C.A. §§1451-1464), as amended, interested parties are invited
to submit comments on whether a proposed action is or is not consistent with
the Texas Coastal Management Program goals and policies and whether the action
should be referred to the Coastal Coordination Council for review. Further
information for the applications listed above may be obtained from Ms. Janet
Fatheree, Council Secretary, Coastal Coordination Council, 1700 North Congress
Avenue, Room 617, Austin, Texas 78701-1495, or janet.fatheree@glo.state.tx.us.
Persons are encouraged to submit written comments as soon as possible within
30 days of publication of this notice. Comments should be sent to Ms. Fatheree
at the above address or by fax at 512/475-0680.
TRD-200003298
Larry R. Soward
Chief Clerk, General Land Office
Coastal Coordination Council
Filed: May 10, 2000
Notice of Withdrawal
In accordance with Chapter 2254, Subchapter B, Texas Government Code, the
Comptroller of Public Accounts (Comptroller) hereby withdraws the Request
for Proposals (RFP) for consulting services to conduct financial management
reviews of up to forty (40) city and county governments throughout the state.
The notice of the RFP was published in March 31, 2000, issue of the
TRD-200003297
Pamela Ponder
Deputy General Counsel
Comptroller of Public Accounts
Filed: May 10, 2000
Notice of Rate Ceilings
The Consumer Credit Commissioner of Texas has ascertained the following
rate ceilings by use of the formulas and methods described in §303.003
and §303.009, Tex. Fin. Code.
The weekly ceiling as prescribed by §303.003 and §303.009 for
the period of 05/15/00 - 05/21/00 is 18% for Consumer1/Agricultural/Commercial2/credit
thru $250,000.
The weekly ceiling as prescribed by §303.003 and §303.009 for
the period of 05/15/00 - 05/21/00 is 18% for Commercial over $250,000.
1
Credit for personal, family or household
use.
2
Credit for business, commercial, investment
or other similar purpose.
TRD-200003249
Leslie L. Pettijohn
Commissioner
Office of Consumer Credit Commissioner
Filed: May 9, 2000
Notice of Award
The Texas Department of Criminal Justice hereby gives notice of award for
the Texas Youth Commission - Vernon Fire Walls, Requisition Number: 696-FD-0-B031.
The Contract was awarded to Santa Rosa Construction, P.O. Box 672, Vernon,
Texas 76385-0672, (940) 552-9743, (940) 552-5577 (fax), on May 01, 2000, for
a dollar amount of $35,963. Contract Number: 696-FD-0-0-C0262.
TRD-200003276
Carl Reynolds
General Counsel
Texas Department of Criminal Justice
Filed: May 10, 2000
Notification of Request for Proposals
Notice of Invitation.
The Interagency Council
on Early Childhood Intervention (ECI) announces a Request for Proposal (RFP)
for funding comprehensive early childhood intervention services in Maverick
County for the period from October 1, 2000 through August 31, 2001. The scope
of work includes a comprehensive array of services to children with developmental
delays and their families. All applicants must comply with all program requirements
under V.T.C.A., Human Resources Code, Chapter 73 and 25 Texas Administrative
Code, Chapter 621.
Contact Person.
The RFP is available to all
interested parties upon written request to Roland Greer, Interagency Council
on Early Childhood Intervention, 4900 North Lamar Boulevard, Suite 2101, Austin,
Texas 78751-2399. A hard copy may also be obtained by calling (512) 424-6824
or by visiting the ECI administrative office at the address listed in this
notice. Questions should be directed to Roland Greer at (512) 424-6815.
Closing Date.
All proposals to be considered
for funding must be received in the ECI administrative office by 5:00 p.m.
on August 11, 2000. ECI reserves the right to reject all proposals if necessary.
Selection Criteria.
Proposals will be evaluated
based on the following "Best Value" criteria: past performance, quality of
services, cost, ability to maximize local and federal income, ability to comply
with state and federal program requirements, ability to deliver required services,
and service area configuration. Review teams will make recommendations to
the ECI Board for approval or denial of proposals received.
TRD-200003275
Donna Samuelson
Deputy Executive Director
Interagency Council on Early Childhood Intervention
Filed: May 10, 2000
Request for Applications Concerning Even Start Family Literacy, School Year 2000-2001
Eligible Applicants. The Texas Education Agency (TEA) is requesting applications
under Request for Applications (RFA) #701-00-028 authorized by the Elementary
and Secondary Education Act (ESEA) of 1965, Title I, Part B-Even Start Family
Literacy Programs, as amended by the Improving America’s Schools Act
of 1994, Public Law 103-382, for development of a program to improve the educational
opportunities of children and adults by integrating early childhood and adult
education for parents into a unified program. Applications are being requested
from: a local education agency (LEA) applying in partnership with a community-based
organization, a public agency, an institution of higher education, or other
nonprofit organization; a community-based organization or other nonprofit
organization of demonstrated quality applying in partnership with a LEA; or
an education service center applying as a fiscal agent of a shared services
arrangement of school districts in partnership with a community-based organization,
a public agency, an institution of higher education, or other nonprofit organization
Description. The overall objectives of the Even Start Family Literacy Program
include the following: (1) to provide family-centered education projects that
help parents become full partners in the education of their children; (2)
to assist children receiving early childhood education in reaching their full
potential as learners; (3) to provide literacy training for parents of family
units participating in the project; (4) to improve the educational opportunities
of the nation's children and adults by integrating early childhood education
and adult education for parents into a unified program; (5) to assist families
with parenting strategies in child growth and development and educational
process for children from birth through age seven; and (6) to coordinate efforts
that build on existing community resources to create a new range of services.
To qualify for this program a family must be in need of the Even Start
services, as indicated by a low-level income, a low level of adult literacy
or English language proficiency of the eligible parent or parents, and other
need- related indicators. Eligible participants in this program are as follows:
a parent or parents who are eligible for participation in an adult basic education
program under the Adult Education and Family Literacy Act; a parent or parents
who are within the state’s compulsory school attendance age range, as
long as a LEA provides or ensures the availability of the basic education
component; and a child or children, from birth through age seven, of the parents
as described previously. The family must participate in all elements of the
program.
Dates of Project. The Even Start Family Literacy Program will be implemented
during the 2000-2001 school year. Applicants should plan for a starting date
of no earlier than September 1, 2000, and an ending date of no later than
August 31, 2001.
Project Amount. Funding will be provided for approximately 20 projects.
Federal law requires that each grant be at least $75,000 per year. The maximum
amount is limited to $200,000 per year. Funding for continuation of the project
each year, for up to four years, will be based on satisfactory progress of
each year’s objectives and activities and on general budget approval
by the State Board of Education, the commissioner of education and authorization
and appropriation by the U.S. Congress. For the first year, this project is
funded 90% from Title I, Part B, federal funds ($4,000,000) and 10% from non
Title I, Part B, sources ($444,444) at the local level. Cost sharing for the
four years will be 10% of the total cost of the program in the first year
the eligible entity receives assistance, 20% in the second year, 30% in the
third year, and 40% in the fourth year. Grantees who complete four years of
funding can apply and compete for a new four-year funding cycle to continue
a program. Cost sharing in the fifth, sixth, seventh, and eighth years will
be 50% and 65% in any subsequent year. The TEA limits funding to no more than
one project to each partnership (eligible entity).
Selection Criteria. Applications will be selected based on the independent
reviewer’s assessment of each applicant’s ability to carry out
all requirements contained in the RFA. Reviewers will evaluate applications
based on the overall quality and validity of the proposed grant program and
the extent to which the application addresses the primary objective(s) and
intent of the project. Applications must address each requirement as specified
in the RFA to be considered for funding. A list of selection criteria is included
in the application packet. The TEA reserves the right to select from the highest
ranking applications those that address all requirements in the RFA and that
are most advantageous to the project.
The TEA is not obligated to approve an application, provide funds, or endorse
any application submitted in response to this RFA. This RFA does not commit
TEA to pay any costs before an application is approved. The issuance of this
RFA does not obligate TEA to award a grant or pay any costs incurred in preparing
a response.
Requesting the Application. A complete copy of RFA #701-00-028 may be obtained
by writing the: Document Control Center, Room 6-108, Texas Education Agency,
William B. Travis Building, 1701 N. Congress Avenue, Austin, Texas 78701;
by calling (512) 463-9304; by faxing the request to (512) 463-9811, or by
e-mailing dcc@tmail.tea.state.tx.us. Please refer to the RFA number in your
request. Provide your name, complete mailing address, and telephone number
including area code. The announcement letter and complete RFA will also be
posted on the TEA website at http://www.tea.state.tx.us/grant/announcements/grants2.cgi
for viewing and downloading.
Further Information. For clarifying information about the RFA, contact
Effie Franklin or Rachel Lane, Division of Adult and Community Education,
TEA, (512) 463-9294.
Deadline for Receipt of Applications. Applications must be received in
the Document Control Center of the Texas Education Agency by 5:00 p.m. (Central
Time), Thursday, July 13, 2000, to be considered.
TRD-200003303
Criss Cloudt
Associate Commissioner, Policy Planning and Research
Texas Education Agency
Filed: May 10, 2000
Eligible Applicants. The Texas Education Agency (TEA) is requesting applications
under Request for Applications (RFA) # 701-00-026 from school districts that
have incurred capital expenses since July 1, 1995, or will incur such expenses
during the 2000-2001 school year, as a result of implementation of alternative
delivery systems to comply with the requirements of Aguilar v. Felton in providing
Title I, Part A, services to students attending private, religiously affiliated
schools.
Description. Under Public Law 103-382, Title I, Part A, §1120(e),
the term "capital expenses" means expenditures for noninstructional goods
and services, such as: the purchase, lease, rental, and renovation of real
and personal property (including, but not limited to, mobile educational units
and leasing of neutral sites or space); insurance and maintenance costs; transportation;
technician costs for the supervision of computer-assisted instruction (CAI);
and other comparable goods and services. Under Code of Federal Regulations
(CFR), Title 34, §200.16, capital expenses do not include the purchase
of instructional equipment such as computers. However, if the local education
agency (LEA) has used Title I, Part A, funds for Capital Expenses items such
as those listed previously, the LEA may apply to be reimbursed for these items.
Because reimbursement funds are replacing Title I, Part A, funds that were
removed from the instructional program in order to pay for capital expenses,
the reimbursement funds should be put back into the instructional program.
In this case, requests for instructional equipment, supplies, and services
may be included in the application. If funds remain after all requests for
current-year capital expenses are met, requests for instructional items will
be considered.
Dates of Project. The Title I, Part A-Capital Expenses project will be
implemented during the 2000-2001 school year, starting no earlier than July
1, 2000, and ending no later than June 30, 2001.
Project Amount. The projected state total available for these projects
is $487,263. These projects are funded 100% from Elementary and Secondary
Education Act (ESEA), as amended by Public Law 103-382, Title I, Part A- Capital
Expenses.
Selection Criteria. Applications submitted in response to this RFA must
address all required components of the RFA. Applications are non-competitive
and will be selected according to the following criteria:
(1) Requests for funding to meet current-year capital expenses will be
categorized as Priority 1.
(2) Requests for funding to reimburse the Title I, Part A, program for
prior-year capital expenses will be categorized as Priority 2. Only requests
for prior-year expenses from school years 1995-96, 1996-97, 1997-98, 1998-
99, and 1999-2000 will be considered under Priority 2.
If the level of funding is insufficient to fund all eligible applicants
under Priority 1, a ratably reduced share will be granted for Priority 1 expenses
and no funds will be distributed under Priority 2. The TEA is not obligated
to approve an application, provide funds, or endorse any application submitted
in response to this RFA. This RFA does not commit TEA to pay any costs incurred
before an application is approved. The issuance of this RFA does not obligate
TEA to award a grant or pay any costs incurred in preparing a response.
Requesting the Application. A complete copy of RFA # 701-00-026 may be
obtained by writing the: Document Control Center, Room 6-108, Texas Education
Agency, William B. Travis Building, 1701 N. Congress Avenue, Austin, Texas
78701-1494; by calling (512) 463-9304; by faxing (512) 463-9811; or by e-mailing
dcc@tmail.tea.state.tx.us. Please refer to the RFA number and title in your
request. Provide your name, complete mailing address, and telephone number,
including area code. The announcement letter and complete RFA will also be
posted on the TEA website at http://www.tea.state.tx.us/grant/announcements/grants2.cgi/
for viewing and downloading.
Further Information. For clarifying information about the RFA, contact
Sam Lester, Division of Student Support Programs, TEA, (512) 463-9374.
Deadline for Receipt of Applications. Applications must be received in
the Document Control Center of TEA by 5:00 p.m. (Central Time), Friday, June
30, 2000, to be considered.
TRD-200003302
Criss Cloudt
Associate Commissioner, Policy Planning and Research
Texas Education Agency
Filed: May 10, 2000
Eligible Proposers. The Texas Education Agency (TEA) is requesting proposals
under Request for Proposals (RFP) #701-00-027 for the printing and distribution
of summer remediation study guides for parents to assist students who do not
perform satisfactorily on the Texas Assessment of Academic Skills (TAAS) at
Grades 3-8 and exit level. Eligible proposers are regional education service
centers, institutions of higher education, non-profit organizations, for-profit
organizations, or a consortium of the foregoing. Historically Underutilized
Businesses (HUBs) are encouraged to determine their possible role in this
endeavor.
Description. The Texas Education Code (TEC), §39.024(c), requires
TEA to make available study guides to help parents provide assistance to students
during summer recess. Each school district is required to distribute the study
guides to parents of students who do not perform satisfactorily on one or
more portions of the TAAS. These study guides have been developed under a
previous contract. This RFP primarily involves the printing and distribution
of these current study guides, with minor corrections and edits as needed.
The contractor must also be prepared to develop new material as deemed necessary
by TEA. TEA will assist the new contractor in the transfer of necessary materials
and files from the current study guides contractor. The new contractor must
begin responding to individual requests for study guides no later than February
1, 2001, and begin shipping an appropriate number of free study guides to
the districts to correspond with the timing of the release of spring 2001
TAAS results.
The TAAS program currently measures the state-mandated curriculum, the
Texas Essential Knowledge and Skills (TEKS), in reading and mathematics at
Grades 3-8 and at the exit level; in writing at Grades 4 and 8 and at the
exit level; and in science and social studies at Grade 8. Spanish-version
TAAS tests measure the TEKS in reading and mathematics at Grades 3-6 and in
writing at Grade 4. Satisfactory performance on the exit-level tests is prerequisite
to a high school diploma from a Texas public school. Demonstrating satisfactory
performance on a specific combination of end-of-course tests is an alternative
means for students to be eligible to graduate. The Algebra I, Biology, English
II, and U.S. History end-of-course tests measure the TEKS in these corresponding
high school courses.
The statewide assessment program has also recently added two assessments:
the reading proficiency tests in English (RPTE) and alternative assessment.
The RPTE was first administered to limited English proficient (LEP) students
in spring 2000. The RPTE, combined with the TAAS in English and Spanish, provides
a comprehensive system for assessing LEP students. The RPTE, designed specifically
for second language learners, will provide useful data on these students’
current reading levels and will be a measure of growth in their English reading
proficiency. As specified by TEC, §39.023, the alternative assessment
will measure the academic performance in reading and mathematics, Grades 3-8,
and writing, Grades 4 and 8, of special education students who are being instructed
in the TEKS but who are exempted from the TAAS test by their admission, review
and dismissal (ARD) committees because this test is not an appropriate measure
of their academic progress, even with allowable accommodations. The alternative
assessment, which will be administered beginning in spring 2001, will assess
students at their appropriate instructional levels, as determined by their
ARD committees, rather than at their assigned grade level.
Dates of Project. Proposers should plan for a starting date of no earlier
than September 15, 2000, and an ending date of no later than August 31, 2002.
Project Amount. Funding for this project is subject to the availability
of funds appropriated by legislative act for the purposes stated.
Selection Criteria. Proposals will be selected based on the ability of
each proposer to carry out the requirements contained in this RFP. The TEA
will base its selection on, among other things, demonstrated competence and
qualifications of the proposer. The selection criteria and the review process
are specified in the RFP. The TEA reserves the right to select from the highest
ranking proposals those that address all requirements in the RFP and will
best achieve the outcomes desired.
The TEA is not obligated to execute a resulting contract, provide funds,
or endorse any proposal submitted in response to this RFP. This RFP does not
commit TEA to pay any costs incurred before a contract is executed. The issuance
of this RFP does not obligate TEA to award a contract or pay any costs incurred
in preparing a response.
Requesting the Proposal. A complete copy of RFP #701-00-027 may be obtained
by writing the Document Control Center, Room 6-108, Texas Education Agency,
William B. Travis Building, 1701 N. Congress Avenue, Austin, Texas 78701;
by calling (512) 463-9304; by faxing (512) 463-9811; or by e-mailing dcc@tmail.tea.state.tx.us.
Please refer to the RFP number in your request. Please also note that by Friday,
June 9, 2000, all prospective proposers should notify TEA at this address
in writing of their intent to submit proposals.
Further Information. For clarifying information about this RFP, contact
Keith Cruse, Student Assessment Division, TEA, (512) 463-9536.
Deadline for Receipt of Proposals. Proposals must be received in the Document
Control Center of the TEA by 5:00 p.m. (central time), July 28, 2000, to be
considered.
TRD-200003301
Criss Cloudt
Associate Commissioner, Policy Planning and Research
Texas Education Agency
Filed: May 10, 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: Medical Clinic of Pearland, Pearland, R14483;
Anant Mauskar, M.D., P.A., Houston, R22288; Joseph A. Zavaletta, M.D., P.A.,
Brownsville, R23065; Pain Institute of Texas, Houston, R24420; Alamo Family
Physicians, San Antonio, R24541; T. F. Worford, D.D.S., Dallas, R10810; Park
Plaza Dental, Kingwood, R23062; Twin Oaks Dental, Houston, R24085; Paragon
Dental Group LLC, Houston, R24606; Bradburry and Associates, Houston, R24392;
Caesar J. Thibodeaux, Inc., Pasadena, R23053; Kirkpatrick Chiropractic Clinic,
Kerrville, R23068; Padre Animal Hospital, P.C., Corpus Christi, R05436.
The complaints allege that these registrants have failed to pay required
annual fees. 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, Texas, Telephone (512) 834-6688, Monday-Friday,
8:00 a.m. to 5:00 p.m. (except holidays).
TRD-200003266
Susan K. Steeg
General Counsel
Texas Department of Health
Filed: May 9, 2000
Pursuant to 25 Texas Administrative Code §289.205, the Bureau of Radiation
Control (bureau), Texas Department of Health (department), filed complaints
against the following licensees: LeeAnn O. Coffen, Fulshear, G02039; Instrument
Specialities Company, Inc., Euless, L03998; Lead Based Paint Detection Corp,
Houston, L04586; Berthold Systems, Incorporated, Houston, L04597.
The complaints allege that these licensees have failed to pay required
annual fees. The department intends to revoke the radioactive material licenses;
order the licensees to cease and desist use of such radioactive materials;
order the licensees to divest themselves of the radioactive material; and
order the licensees 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 licensees for a hearing to show
cause why the radioactive material licenses 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 radioactive material licenses 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, Texas, Telephone (512) 834-6688, Monday-Friday,
8:00 a.m. to 5:00 p.m. (except holidays).
TRD-200003265
Susan K. Steeg
General Counsel
Texas Department of Health
Filed: May 9, 2000
INTRODUCTION
The Texas Department of Health (department) requests proposals for Human
Immunodeficiency Virus (HIV) prevention projects for the project period November
1, 2000, through December 31, 2001. The department is seeking to select providers
of services from agencies who currently do not have contracts with the department
for HIV prevention activities. The purpose of this project is to target unmet
HIV prevention needs within high priority populations. Human Immunodeficiency
Virus prevention project proposals will be reviewed and awarded on a competitive
basis.
PERIOD OF PROJECT
Fourteen months from November 1, 2000 through December 31, 2002.
AVAILABLE FUNDS
The projected amount available is approximately $250,000 per 12-month period.
The department expects to fund two to four projects. The average award is
expected to be approximately $80,000.
PURPOSE
The HIV prevention activities are addressed to target populations described
in the Regional Action Plans. A gap analysis performed by the department shows
priority unmet needs of the at-risk populations in Texas to be men who have
sex with men (MSMs) and injecting drug users (IDUs), especially among minority
populations.
ELIGIBLE APPLICANTS
Eligible entities include governmental, public or private nonprofit entities
located within Texas that are not currently contracted with the department
for HIV prevention activities, including city or county health departments
or districts, community-based organizations, and public or private hospitals.
Individuals are not eligible to apply. Applicants must have experience and/or
expertise in working with the target population(s). Entities that have had
state or federal contracts terminated within the last 24 months for deficiencies
in fiscal or programmatic performance are not eligible to apply. Applicants
must provide historical evidence of fiscal and administrative responsibility
as outlined in the Administrative Information of the grant instructions.
SCHEDULE OF EVENTS
Issuance of the Request for Proposals (June 2, 2000)
Application Deadline (August 2, 2000)
Award Notification By (September 1, 2000)
Contract Start Date (November 1, 2000)
TO OBTAIN A COPY OF THE RFP
For a copy of the RFP, contact Ms. Laura Ramos, HIV/STD Health Resources
Division, at (512) 490-2525 or e-mail laura.ramos@tdh.state.tx.us. Copies
of the RFP and forms may also be obtained at the web site of the Bureau of
HIV/STD Prevention, http://www.tdh.state.tx.us/hivstd/grants. No copies of
the RFP will be released prior to June 2, 2000.
TRD-200003304
Susan K. Steeg
General Counsel
Texas Department of Health
Filed: May 10, 2000
Public Notice
The Health and Human Services Commission State Medicaid Office has received
approval from the Health Care Financing Administration to amend the Title
XIX Medical Assistance Plan by Transmittal Number 00-04, Amendment Number
569.
The amendment updates the State plan by changing the effective date of
eligibility for aged, blind and disabled clients. Medicaid coverage begins
the first day of the month if the client is eligible at any time during the
month. The amendment is effective April 1, 2000.
If additional information is needed, please contact Judy Coker, Texas Department
of Human Services, at 512-438-3227.
TRD-200003294
Marina S. Henderson
Executive Deputy Commissioner
Texas Health and Human Services Commission
Filed: May 10, 2000
Notice of Public Hearing for the Texas Department of Housing and Community Affairs Multifamily Housing Revenue Bonds (The Parks at Westmoreland Apartments) Series 2000
Notice is hereby given of a public hearing to be held by the Texas Department
of Housing and Community Affairs (the "Department") at DeSoto City Hall, 211
East Pleasant Run Road, Bluebonnet Meeting Room I, DeSoto, Texas 75115, at
6:00 p.m. on Monday, June 12, 2000 with respect to an issue of tax-exempt
multifamily residential rental project revenue bonds in the aggregate principal
amount not to exceed $9,535,000 and taxable bonds, if necessary, in an amount
to be determined, to be issued in one or more series (the "Bonds"), by the
Texas Department of Housing and Community Affairs (the "Issuer"). The proceeds
of the Bonds will be loaned to The Parks at Westmoreland Senior Housing, L.P.
(or a related person or affiliate thereof) (the "Borrower"), to finance a
portion of the acquisition, construction and equipping of a multifamily housing
seniors project (the "Project") described as follows: 250 unit multifamily
residential rental development to be constructed on approximately 17.42 acres
of land located at 2800 Bolton Boone, DeSoto, Dallas County, Texas 75115.
The Project will be owned and operated by The Parks at Westmoreland Senior
Housing, L.P. The Project will be managed by Southwest Housing Management.
All interested parties are invited to attend such public hearing to express
their views with respect to the Project and the issuance of the Bonds. Questions
or requests for additional information may be directed to Robert Onion at
the Texas Department of Housing and Community Affairs, 507 Sabine, Austin,
Texas 78701; (512) 475-3872.
Persons who intend to appear at the hearing and express their views are
invited to contact Robert Onion in writing in advance of the hearing. Any
interested persons unable to attend the hearing may submit their views in
writing to Robert Onion prior to the date scheduled for the hearing.
Individuals who require auxiliary aids in order to attend this meeting
should contact Gina Esteves, ADA Responsible Employee, at (512) 475-3943 or
Relay Texas at 1 800 735-2989 at least two days before the meeting so that
appropriate arrangements can be made.
http://www.tdhca.state.tx.us/hf.htm
Individuals who require child care to be provided at this meeting should
contact Dina Gonzalez at (512) 475-3757 at least five days before the meeting
so that appropriate arrangements can be made.
TRD-200003295
Daisy A. Stiner
Executive Director
Texas Department of Housing and Community Affairs
Filed: May 10, 2000
Insurer Services
The following applications have been filed with the Texas Department of
Insurance and are under consideration:
Application for admission to the State of Texas by SENTINEL INSURANCE COMPANY,
LTD., a foreign fire and casualty company. The home office is in Hartford,
Connecticut.
Application to use the assumed name of HUMANA by MEMORIAL SISTERS OF CHARITY
HMO, L.L.C., a domestic health maintenance organization. The home office is
in Houston, Texas.
Application to use the assumed name of PCA HEALTH PLANS OF TEXAS, INC.
by HUMANA HEALTH PLAN OF TEXAS, INC., a domestic health maintenance organization.
The home office is in San Antonio, Texas.
Any objections must be filed with the Texas Department of Insurance, addressed
to the attention of Godwin Ohaechesi, 333 Guadalupe Street, M/C 305-2C, Austin,
Texas 78701.
TRD-200003300
Bernice Ross
Deputy Chief Clerk
Texas Department of Insurance
Filed: May 10, 2000
The following third party administrator (TPA) applications have been filed
with the Texas Department of Insurance and are under consideration.
Application for admission to Texas of Antares Management Solutions, LLC,
a foreign third party administrator. The home office is Cleveland, Ohio.
Any objections must be filed within 20 days after this notice was filed
with the Secretary of State, addressed to the attention of Charles M. Waits,
MC 107-5A, 333 Guadalupe, Austin, Texas 78714-9104.
TRD-200003305
Bernice Ross
Deputy Chief Clerk
Texas Department of Insurance
Filed: May 10, 2000
Extension of Comment Period
In the March 10, 2000, issue of the
Texas Register
(25 TexReg 1979), the Texas Natural Resource Conservation Commission
(commission) published proposed amendments to numerous sections of 30 TAC
Chapter 122, including specific provisions to implement periodic monitoring
required by 40 CFR Part 70, Operating Permit Program. In that same issue of
the
Texas Register
(25 TexReg 2201), notice
was provided of the availability for comment of the draft Periodic Monitoring
General Operating Permit (draft Periodic Monitoring GOP #1). The comment period
for the proposed revisions to 30 TAC Chapter 122 and the draft Periodic Monitoring
GOP # 1 closed at 5:00 pm, April 13, 2000. On April 14, 2000, the United States
Court of Appeals for the District of Columbia Circuit issued its opinion for
Copies of the draft Periodic Monitoring GOP # 1 may be obtained from the
TNRCC Internet site at http://www.tnrcc.state.tx.us/air/opd or by contacting
the TNRCC Office of Permitting, Remediation, and Registration, Air Permits
Division at (512) 239-1334. Written comments may be submitted to Lisa Martin,
Office of Environmental Policy, Analysis, and Assessment, MC 205, P.O. Box
13087, Austin, Texas 78711-3087 or faxed to (512) 239-4808. All comments should
reference Rule Log Number 1999-014-122- AI. For further information, please
contact Beecher Cameron, Office of Environmental Policy, Analysis, and Assessment
at (512) 239-1495.
TRD-200003296
Margaret Hoffman
Director, Environmental Law Division
Texas Natural Resource Conservation Commission
Filed: May 10, 2000
Notice is hereby given that the Texas Natural Resource Conservation Commission
(TNRCC) executive director issued the Municipal Solid Waste Landfill (MSWL)
General Operating Permit (GOP) under the requirements of 30 TAC Chapter 122,
Subchapter F, concerning General Operating Permits.
The MSWL GOP is available for use by the owners or operators of major source
sites (sites) or nonmajor sites subject to the operating permits program.
The MSWL GOP will provide an alternate permitting mechanism for MSWL sites
under Chapter 122, consistent with Title 40 Code of Federal Regulations, Part
70 requirements that authorize the operation of multiple sites that are similar
in terms of operations, processes, and emissions.
Beginning on May 19, 2000, the MSWL GOP is subject to public petition for
60 days as specified under §122.360. Any person affected by the decision
of the executive director to issue the MSWL GOP may petition the United States
Environmental Protection Agency (EPA) to make an objection. Petitions shall
be based only on objections to the MSWL GOP that were raised with reasonable
specificity during the public comment period, unless the petitioner demonstrates
in the petition to the EPA that it was not possible to raise the objections
within the public comment period. The petition shall identify all objections.
A copy of the petition shall be provided to the executive director by the
petitioner. The executive director shall have 90 days from the receipt of
an EPA objection to resolve any objection and, if necessary, terminate or
revise the MSWL GOP.
Copies of the MSWL GOP and final technical summary may be obtained from
the TNRCC Internet site at http://www.tnrcc.state.tx.us/air/opd/permtabl.htm
or by contacting the TNRCC Air Permits Division, Office of Permitting, Remediation &
Registration, (512) 239-1334. For further information or questions concerning
the MSWL GOP, contact Bruce McFarland of the Air Permits Division, Office
of Permitting, Remediation & Registration, telephone number (512) 239-1132.
TRD-200003299
Margaret Hoffman
Director, Environmental Law Division
Texas Natural Resource Conservation Commission
Filed: May 10, 2000
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
June 19, 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 a proposed Default Order
is inappropriate, improper, inadequate, or inconsistent with the requirements
of the statutes and rules within the TNRCC's jurisdiction, or the TNRCC's
orders and permits issued pursuant to the TNRCC's regulatory authority. Additional
notice of changes to a proposed Default Order is not required to be published
if those changes are made in response to written comments.
A copy of 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
(1) COMPANY: Ahmed, Incorporated dba Tote-A-Bag; DOCKET NUMBER: 1998-0652-PST-
E; TNRCC IDENTIFICATION (ID) NUMBER: 39407; LOCATION: 11111 Kingsley, Suite
101, Dallas, Dallas County, Texas; TYPE OF FACILITY: underground storage tanks
(UST); RULES VIOLATED: 30 TAC §115.242(3)(A) and (J) by failing to provide
and maintain all components of the Stage II vapor recovery system (VRS) in
proper operating condition and free of defects that would impair the effectiveness
of the system; 30 TAC §115.244(3) and §115.246(7)(A) by failing
to conduct monthly inspections of the Stage II VRS and by failing to maintain
records on-site; 30 TAC §115.245(2) by failing to conduct an annual pressure
decay test; 30 TAC §334.50(d)(1)(B)(ii) and (iii)(I) and the Code, §26.348
by failing to record the inventory volume measurement for regulated substance
inputs, withdrawals, and the amount still remaining in the tank daily and
by failing to reconcile inventory records at least once a month; and 30 TAC §334.7(d)(3)
and the Code, §26.346 by failing to file any change or addition to the
registration of the USTs within 30 days after the date of occurrence; PENALTY:$23,250;
STAFF ATTORNEY: Joshua Olszewski, Litigation Division, MC 175, (512) 239-3645;
REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817)
469-6750.
(2) COMPANY: Saul Doria dba Pickering Automotive; DOCKET NUMBER: 1998-1543-AIR-
E; TNRCC ID NUMBER: HX-1907-D; LOCATION: 610 Pickering Street, Houston, Harris
County, Texas; TYPE OF FACILITY: automotive repair and finishing shop; RULES
VIOLATED: 30 TAC §116.110(a) and Texas Health and Safety Code (THSC), §382.0518(a)
and §382.085(b) by failing to obtain a permit or meet the conditions
of a permit exemption before operating a spray coating operation at the shop;
30 TAC §115.421 and §106.436 and THSC, §382.085(b) by failing
to meet the volatile organic compound content limit of 1.4 pounds per gallon
for wipe down solutions; and 30 TAC §115.426 and THSC, §382.085(b)
by failing to maintain and make available upon request records of paint and
solvent usage for at least two years; PENALTY: $10,000; STAFF ATTORNEY: John
C. Wright, Litigation Division, MC 175, (512) 239-2269; REGIONAL OFFICE: 5425
Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(3)COMPANY: Leon Heijligers dba Center Point Dairy; DOCKET NUMBER: 1999-0801-AGR-
E; TNRCC ID NUMBER: 03872; LOCATION: on the south side of Farm-to-Market Road
2653, Brashear, Hopkins County, Texas; TYPE OF FACILITY: concentrated animal
feeding operation; RULES VIOLATED: 30 TAC §321.31(a), the Code, §26.121,
and Water Quality Permit Number 03872 Provision (V) by failing to prevent
the unauthorized discharge of wastewater from an inadequate and overflow of
wastewater retention structure into surface waters in the state; 30 TAC §321.40(11)
and Water Quality Permit Number 03872 Provision (VI)(4.1) by failing to properly
dispose of dead animals (cows) which were not buried with the required three
feet of cover and were located within 150 feet of a drainage way; 30 §321.39(f)(29)
and Water Quality Permit Number 03872 Provision (VI)(2.4) by failing to conduct
an annual analysis of waste and irrigation wastewater for total nitrogen,
total phosphorus, and total potassium, and submit the test results to the
Tyler Regional Office; and 30 TAC §321.39(f)(6), §321.39(f)(11),
and Water Quality Permit Number 03872 Provision (VI)(1.3) by failing to dewater
the wastewater retention structure in order to maintain adequate freeboard
and sufficient capacity to contain rainfall and rainfall runoff from a 25
year/24 hour rainfall event; PENALTY:$8,750; STAFF ATTORNEY: Scott McDonald,
Litigation Division, MC 175, (512) 239-6005; REGIONAL OFFICE: 2916 Teague
Drive, Tyler, Texas 75701- 3756, (903) 535-5100.
(4) COMPANY: Randy Risinger; DOCKET NUMBER: 1999-0729-IRR-E; TNRCC ID NUMBER:
13720; LOCATION: 618 Forest Glen, Montgomery, Montgomery County, Texas; TYPE
OF FACILITY: irrigation systems; RULES VIOLATED: 30 TAC Chapter 344 and the
Code, §34.007 by installing an irrigation system without a license; PENALTY:
$500; STAFF ATTORNEY: Mary Risner, Litigation Division, MC 175, (512) 239-6224;
REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713)
767-3500.
TRD-200003160
Paul C. Sarahan
Director, Litigation Division
Texas Natural Resource Conservation Commission
Filed: May 5, 2000
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
Texas Register
not later
than the 30th day before the date on which the public comment period closes,
which in this case is
June 19, 2000
. Section
7.075 also requires that the TNRCC promptly consider any written comments
received and that the TNRCC may withdraw or withhold 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 June 19, 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: Diamond Mini-Mart, Incorporated; DOCKET NUMBER: 1999-0655-PWS-E;
TNRCC IDENTIFICATION (ID) NUMBER: 2350041; LOCATION: ten miles northeast of
Victoria on U.S. Highway 59, Victoria County, Texas; TYPE OF FACILITY: public
water supply; RULES VIOLATED: 30 TAC §290.46(f)(1)(A), (2), and (m) by
failing to maintain a free chlorine residual of 0.2 milligrams per liter in
the far reaches of the distribution system at all times, by failing to test
the chlorine residual using a test kit which employs a diethyl-p-phenylenediamine
indicator at least once every seven days and by failing to initiate a maintenance
program to facilitate cleanliness and improve the general appearance of all
plant facilities, including the unsanitary well house; and 30 TAC §290.41(c)(3)(K)
by failing to provide the well casing vent with a 16-mesh or finer corrosion-
resistant screen; PENALTY:$2,475; STAFF ATTORNEY: Scott McDonald, Litigation
Division, MC 175, (512) 239-6005; REGIONAL OFFICE: 6300 Ocean Drive, Suite
1200, Corpus Christi, Texas 78412-5503, (361) 825-3100.
(2) COMPANY: Raeford Harrington dba Harrington Environmental Services;
DOCKET NUMBER: 1998-1136-SLG-E; TNRCC ID NUMBER: 20579; LOCATION: 1632 Royalwood
Circle, Joshua, Johnson County, Texas; TYPE OF FACILITY: solid waste transportation;
RULES VIOLATED: 30 TAC §312.145(b)(4)(A) by failing to submit a complete
annual summary report for the reporting period ending in May 1998, for sludge
and septic transportation activities; and 30 TAC §312.142(f)(3) and §335.6(d)
by failing to notify the authorities within 15 days of plans to handle wastes
that were not contained in existing registration; PENALTY: $2,500; STAFF ATTORNEY:
I-Jung Chiang, Litigation Division, MC R-12, (713) 767-3500; REGIONAL OFFICE:
1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 469-6750.
(3) COMPANY: Morris Rosenstein and San-Tex Lumber Company, Incorporated;
DOCKET NUMBER: 1996-1615-IHW-E; TNRCC ID NUMBER: 84635; LOCATION: 2439 Old
Castroville Road and 119 Old Castroville Road, San Antonio, Bexar County,
Texas; TYPE OF FACILITY: abandoned electroplating facility; RULES VIOLATED:
30 TAC §335.2(a), §335.43(a), and 40 Code of Federal Regulations
(CFR) §270.1 by storing industrial solid and hazardous wastes at the
sites without a permit or other authorization from the commission; 30 TAC §335.112(a)(1)
and 40 CFR §265.14 by failing to provide adequate security to prevent
unknowing entry and minimize the possibility for unauthorized entry into the
unauthorized storage facility located at the 2439 site; 30 TAC §335.112(a)(8)
and 40 CFR §265.177(c) by failing to separate incompatible industrial
solid and/or hazardous wastes or protect incompatible wastes by means of a
dike berm, wall, or other device at the sites; 30 TAC §335.112(a)(1)
and 40 CFR §265.16(a) by failing to provide training in the management
of hazardous wastes to employees handling the wastes; 30 TAC §335.2(b)
by transporting to and/or causing, suffering, allowing, and/or permitting
the storage, treatment, and/or disposal of industrial solid and hazardous
wastes at an unauthorized facility; 30 TAC §335.10(a) and 40 CFR §262.20
by causing, suffering, allowing, and/or permitting the shipment of industrial
solid and hazardous wastes from the point of generation at the 2439 site to
an unauthorized facility without a manifest or form TNRCC-0311; 30 TAC §335.62, §335.504
and 40 CFR §262.11 by failing to complete hazardous waste determinations
for wastes at the 2439 site; 30 TAC §335.4 and the Code, §26.121
by causing, suffering, allowing, and/or permitting the disposal of hazardous
wastes in such a manner so as to cause a discharge or an imminent threat of
discharge of industrial solid wastes into or adjacent to the waters in the
state without first obtaining specific authorization for such a discharge
from the commission; and 30 TAC §335.65 and 40 CFR §262.30 by transporting
or offering for transportation off-site hazardous wastes without meeting the
proper packaging requirements of the Department of Transportation regulations
on packaging pursuant to 49 CFR parts 173, 178, and 179; PENALTY: $85,503;
STAFF ATTORNEY: Tracy Gross, Litigation Division, MC 175, (512) 239-1736;
REGIONAL OFFICE: 140 Heimer Road, Suite 360, San Antonio, Texas 78232-5042,
(210) 490-3096.
(4) COMPANY: Odell Geer Construction Company, Incorporated; DOCKET NUMBER:
1999- 0092-AIR-E; TNRCC ID NUMBER: BF-0057-I; LOCATION: 0.6 miles west of
IH-35 on Highway 93, Belton, Bell County, Texas; TYPE OF FACILITY: asphalt
concrete plant; RULES VIOLATED: 30 TAC §116.115(c) and Air Permit Number
5645, Special Provision Number 1 and Texas Health and Safety Code (THSC), §382.085(b)
by allowing particulate matter emissions and using an improper fuel oil; PENALTY:
$4,725; STAFF ATTORNEY: Robin Houston, Litigation Division, MC 175, (512)
239-0682; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-
7826, (254) 751-0335.
(5) COMPANY: Odell Geer Construction Company, Incorporated; DOCKET NUMBER:
1999- 0093-AIR-E; TNRCC ID NUMBER: 90-6084-C; LOCATION: 0.5 miles south of
IH-35 on Highway 190 on Stan Schlueter Loop, Killeen, Bell County, Texas;
TYPE OF FACILITY: asphalt concrete plant; RULES VIOLATED: 30 TAC §116.115(c)
and Air Permit Number 6084A, Special Provisions 1 and 2, and THSC, §382.085(b)
by allowing particulate matter emissions and exceeding the permitted limit
for organic chloride; PENALTY: $3,000; STAFF ATTORNEY: Robin Houston, Litigation
Division, MC 175, (512) 239-0682; REGIONAL OFFICE: 6801 Sanger Avenue, Suite
2500, Waco, Texas 76710-7826, (254) 751-0335.
(6) COMPANY: Petro-Mex, Incorporated; DOCKET NUMBER: 1999-0216-PST-E; TNRCC
ID NUMBER: 34084; LOCATION: 509 East Schunior, Edinburg, Hidalgo County, Texas;
TYPE OF FACILITY: underground storage tanks (UST); RULES VIOLATED: 30 TAC §334.7(d)
by failing to file notice of the change in release detection and corrosion
protection or additional information concerning the USTs with the executive
director within 30 days of the date of the occurrence of the change or addition,
or within 30 days of the date on which the owner or operator first became
aware of the change or addition at the facility; 30 TAC §334.10(b)(1)(A)
by failing to develop and maintain all records required by the provisions
of 30 TAC Chapter 334; 30 TAC §334.49(a) and the Code, §26.3475(d)
by failing to provide corrosion protection for the UST system; 30 TAC §334.50(a)(1)(A)
and the Code, §26.3475(c) by failing to provide proper release detection
for the USTs; and 30 TAC §334.105 by failing to maintain evidence of
all financial assurance mechanisms used to demonstrate financial responsibility
for taking corrective action and for compensating third parties for bodily
injury and property damage caused by accidental releases arising from the
operation of petroleum USTs; PENALTY: $8,000; STAFF ATTORNEY: John Wright,
Litigation Division, MC 175, (512) 239-2269; REGIONAL OFFICE: 1804 West Jefferson
Avenue, Harlingen, Texas 78550-5247, (956) 425-6010.
(7) COMPANY: Swati Enterprises, Incorporated; DOCKET NUMBER: 1998-0939-PST-E;
TNRCC ID NUMBER: 29907; LOCATION: 2615 Commerce Street, Tyler, Smith County,
Texas; TYPE OF FACILITY: UST; RULES VIOLATED: 30 TAC §334.7(d)(3) by
failing to provide changes or additional information on the UST registration
form within 30 days of the occurrence or discovery of the change or addition;
and 30 TAC §334.50(a)(1)(A), (b)(1)(A), and (2)(A) by failing to have
release detection equipment capable of detecting a release from any portion
of the UST system or release detection procedures for tanks and failing to
install line leak detectors for pressurized piping; PENALTY: $5,500; STAFF
ATTORNEY: John Sumner, Litigation Division, MC 175, (512) 239-0497; REGIONAL
OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.
(8) COMPANY: Truth Yearwood and Yearwood Distributing Company, Incorporated;
DOCKET NUMBER: 1998-0968-MLM-E; TNRCC ID NUMBER: 38628; LOCATION: 4700 Durazno,
El Paso, El Paso County, Texas; TYPE OF FACILITY: UST; RULES VIOLATED: 30
TAC §334.50(b)(1)(B)(i), (2)(A)(i), (d)(1)(B)(ii), (iii)(I), and (2)(D)(ii)
by failing to conduct a tank tightness test at least once each year when utilizing
a combination of tank tightness testing and inventory control as a release
detection method, by failing to provide proper release detection for the piping
associated with UST systems, by failing to equip each separate pressurized
line with an automatic line leak detector, by failing to conduct reconciliation
of detailed inventory control records at least once each month, sufficiently
accurate to detect a release which equals or exceeds the sum of 1.0 percent
of the total substance flow through for the month plus 130 gallons, and by
failing to record inventory volume measurements for regulated substance inputs,
withdrawals, and the amount still remaining in the tank each operating day,
by failing to maintain measuring equipment capable of measuring the level
of stored substance over the full range of the tank's height to the nearest
one-eighth of an inch; 30 TAC §334.51(b)(2)(A)-(C) by failing to equip
the fill pipe of a UST with a tight-fill fitting, adaptor, or similar device
which provides a liquid-tight seal during the transfer of regulated substance
into the tank, by failing to equip the fill tubes of the tanks with an attached
spill container or catchment basin, or enclose them in a liquid-tight manway,
riser, or sump, by failing to equip each tank with a valve or other device
designed to automatically shut off the flow of regulated substances into the
tank when the liquid level in the tank reaches no higher than 95% capacity;
30 TAC §334.7(d)(3) by failing to provide an amended registration for
any change or additional information regarding USTs within 30 days from the
date of the occurrence of the change or addition, or within 30 days of the
date on which the owner or operator first became aware of the change or addition;
30 TAC §334.127(a)(1) by failing to register with the commission all
aboveground storage tanks (ASTs) in existence on or after September 1, 1989;
30 TAC §324.1 and 40 CFR, §279.22(a), (b)(2), and (c) by storing
used oil in units other than tanks, containers, or units approved by the commission,
by failing to store used oil in containers that are in good condition and
not leaking and by failing to store used oil in containers that are labeled
or marked clearly with the words "Used Oil;" 30 TAC §330.1182(e) by failing
to store used oil filters in containers and ASTs that are in good condition;
30 TAC §330.1186(f) by failing to store used oil filters in containers
that are labeled or marked clearly with the words "Used Oil;" 30 TAC §335.4
and the Code, §26.121 by permitting the collection, handling, storage,
processing, or disposal of industrial solid waste or municipal hazardous waste
in such a manner so as to cause the discharge or imminent threat of discharge
of industrial solid waste or municipal hazardous waste into or adjacent to
the waters in the state; PENALTY:$11,000; STAFF ATTORNEY: Camille Morris,
Litigation Division, MC 175, (512) 239-3915; REGIONAL OFFICE: 401 East Franklin,
Suite 560, El Paso, Texas 79901-1206, (915) 834-4949.
TRD-200003161
Paul C. Sarahan
Director, Litigation Division
Texas Natural Resource Conservation Commission
Filed: May 5, 2000
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
June 19, 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 June 19, 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: Agro-Transfer, Inc.; DOCKET NUMBER: 1999-0663-AIR-E; IDENTIFIER:
Air Account Number HN-0320-P and TNRCC Permit Number 23286; LOCATION: Progreso,
Hidalgo County, Texas; TYPE OF FACILITY: grain and sorghum transfer site;
RULE VIOLATED: 30 TAC §116.115(b), the Act, §382.085(b), and Permit
Number 23286, by failing to provide information and data concerning production
and operating hours in a file at the site, failing to cease operation when
all the air pollution emission capture equipment and abatement equipment was
not maintained in good working order and not operating properly during normal
facility operations, and failing to notify the TNRCC regional office of an
exceedance of 45 days of stoppage of construction within ten working days
after the occurrence of the event; and 30 TAC §116.115(c), the Act, §382.085(b),
and Permit Number 23286, by failing to equip all loadout devices with drop
socks at the drop point during loading operations to minimize fugitive emissions
from loadout areas, failing to have all in-plant roads, parking areas, and
traffic areas covered with a non-dusty base material, watered, oiled, and/or
paved and cleaned as necessary to achieve maximum control of dust emissions,
failing to install equipment at all truck receiving and loadout areas with
flaps on all doorways while receiving and/or loading products, failing to
provide documentation within the allowable time to evaluate the emission rates,
and failing to provide records of annual throughputs at the request of TNRCC
personnel; PENALTY: $2,800; ENFORCEMENT COORDINATOR: Fara O'Neal, (956) 425-6010;
REGIONAL OFFICE: 1804 West Jefferson Avenue, Harlingen, Texas 78550-5247,
(956) 425-6010.
(2) COMPANY: Andrews Transport, Inc.; DOCKET NUMBER: 2000-0004-PST-E; IDENTIFIER:
Petroleum Storage Tank (PST) Identification Number 0040091; LOCATION: Beaumont,
Jefferson County, Texas; TYPE OF FACILITY: transporter of gasoline products;
RULE VIOLATED: 30 TAC §115.221 and the Act, §382.085(b), by failing
to utilize Stage I vapor recovery equipment during the transfer of gasoline
into the storage container; PENALTY: $5,500; ENFORCEMENT COORDINATOR: Laura
Clark, (409) 898-3838; REGIONAL OFFICE: 3870 Eastex Freeway, Suite 110, Beaumont,
Texas 77703-1892, (409) 898-3838.
(3) COMPANY: APAC, Inc.; DOCKET NUMBER: 2000-0043-AIR-E; IDENTIFIER: Air
Account Number DB-0616-C; LOCATION: Garland, Dallas County, Texas; TYPE OF
FACILITY: asphalt plant; RULE VIOLATED: 30 TAC §112.121 and §122.130(b)
and the Act, §382.085(b) and §382.054, by failing to submit a Title
V abbreviated application; and 30 TAC §116.115(c) and the Act, §382.085(b),
by failing to comply with Air Permit Number 21942; PENALTY: $3,600; ENFORCEMENT
COORDINATOR: Wendy Penland, (817) 469-6750; REGIONAL OFFICE: 1101 East Arkansas
Lane, Arlington, Texas 76010-6499, (817) 469-6750.
(4) COMPANY: Believers World Outreach Church, Incorporated dba Burchfield
Ministries Country Camp; DOCKET NUMBER: 1999-1498-PWS-E; IDENTIFIER: Public
Water Supply (PWS) Number 0450031; LOCATION: Columbus, Colorado County, Texas;
TYPE OF FACILITY: public water system; RULE VIOLATED: 30 TAC §290.106(a)
and the Act, §341.033(d), by failing to collect and submit water samples
for bacteriological analysis; 30 TAC §290.105(a)(2), by exceeding the
maximum contaminant level for total coliform; 30 TAC §290.106(b)(1),
by failing to take the appropriate number of repeat water samples for bacteriological
analysis; and 30 TAC §290.46(e)(1), by failing to operate the water system
at all times under the daily supervision of a competent water works operator
holding a grade "D" or higher operator's certificate of competency; PENALTY:
$1,875; ENFORCEMENT COORDINATOR: Sandy VanCleave, (512) 239-0667; REGIONAL
OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(5) COMPANY: Budget Rent-A-Car; DOCKET NUMBER: 2000-0098-AIR-E; IDENTIFIER:
Air Account Number EE-0885-P; LOCATION: El Paso, El Paso County, Texas; TYPE
OF FACILITY: vehicle rental store; RULE VIOLATED: 30 TAC §114.100(a)
and the Act, §382.085(b), by allegedly dispensing gasoline for use as
a motor vehicle fuel which failed to meet the minimum oxygen content of 2.7%
by weight; PENALTY: $600; ENFORCEMENT COORDINATOR: Corey Burke, (512) 239-5259;
REGIONAL OFFICE: 401 East Franklin, Suite 560, El Paso, Texas 79901, (915)
834-4949.
(6) COMPANY: Chemical Lime New Braunfels, Ltd.; DOCKET NUMBER: 2000-0108-AIR-E;
IDENTIFIER: Air Account Number CS-0020-O; LOCATION: New Braunfels, Comal County,
Texas; TYPE OF FACILITY: lime manufacturing; RULE VIOLATED: 30 TAC §101.6(b)
and the Act, §382.085(b), by failing to generate and maintain documentation
in the company files for upset conditions which resulted from damage to the
spout shroud; 30 TAC §101.115(c), Permit Numbers 5640 and 7808, and the
Act, §382.085(b), by failing to maintain all areas of the property subject
to vehicle traffic by application of water or treatment with dust suppressant
chemicals as necessary to achieve maximum control of dust emissions; and 30
TAC §116.115(c), Permit Numbers 5640 and 7808, and the Act, §382.085(b),
by failing to properly maintain the spout shroud used in the loading of lime
dust into trucks resulting in emissions of lime dust; PENALTY: $3,750; ENFORCEMENT
COORDINATOR: Malcolm Ferris, (210) 490-3096; REGIONAL OFFICE: 140 Heimer Road,
Suite 360, San Antonio, Texas 78232-5042, (210) 490-3096.
(7) COMPANY: Colorado Interstate Gas Company; DOCKET NUMBER: 1999-1534-AIR-E;
IDENTIFIER: Air Account Number MR-0121-W; LOCATION: Masterson, Moore County,
Texas; TYPE OF FACILITY: natural gas processing/compressor station; RULE VIOLATED:
30 TAC §122.122(b) and 122.130, and the Act, §382.054, by failing
to submit a Title V abbreviated initial application and continuing to operate;
PENALTY: $2,000; ENFORCEMENT COORDINATOR: Shawn Hess, (806) 353-9251; REGIONAL
OFFICE: 3918 Canyon Drive, Amarillo, Texas 79109- 4933, (806) 353-9251.
(8) COMPANY: Continental Cabinets Manufacturing, Inc.; DOCKET NUMBER: 1999-1536-
AIR-E; IDENTIFIER: Air Account Number EE-1227-G; LOCATION: Horizon City, El
Paso County, Texas; TYPE OF FACILITY: cultured marble and fiberglass manufacturing;
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 and continuing to operate without authorization;
PENALTY: $1,000; ENFORCEMENT COORDINATOR: Rebecca Cervantes, (915) 834-4949;
REGIONAL OFFICE: 401 East Franklin, Suite 560, El Paso, Texas 79901, (915)
834-4949.
(9) COMPANY: Equistar Chemicals, L.P.; DOCKET NUMBER: 1999-1480-IHW-E;
IDENTIFIER: Industrial Hazardous Waste (IHW) Registration Number 30030 and
Permit Number 50117; LOCATION: Channelview, Harris County, Texas; TYPE OF
FACILITY: organic chemical manufacturing; RULE VIOLATED: 30 TAC §335.431(c),
40 Code of Federal Regulations (CFR) §268.50(c), and IHW Permit Number
50117, by failing to meet the storage limit of one year for hazardous wastes
subject to land disposal restrictions; PENALTY: $7,200; ENFORCEMENT COORDINATOR:
Catherine Sherman, (713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite
H, Houston, Texas 77023-1486, (713) 767-3500.
(10) COMPANY: Duke Long Everyday Food Store, Inc. dba Everyday Food Store
No. 5209; DOCKET NUMBER: 2000-0060-PWS-E; IDENTIFIER: PWS Number 2270215;
LOCATION: Austin, Travis County, Texas; TYPE OF FACILITY: public water supply;
RULE VIOLATED: 30 TAC §290.106(a) and the Code, §341.033(d), by
failing to collect and submit routine monthly samples for bacteriological
analysis; and 30 TAC §290.51 and the Code, §341.041, by failing
to pay public health service fees; PENALTY: $1,000; ENFORCEMENT COORDINATOR:
Kimberly McGuire, (512) 239-4761; REGIONAL OFFICE: 1921 Cedar Bend Drive,
Suite 150, Austin, Texas 78758-5336, (512) 339-2929.
(11) COMPANY: John Leininger and Harvest Fellowship Community Church; DOCKET
NUMBER: 1999-1550-EAQ-E; IDENTIFIER: Edwards Aquifer Protection Program Identification
Number 1263; LOCATION: San Antonio, Bexar County, Texas; TYPE OF FACILITY:
church; RULE VIOLATED: 30 TAC §213.4(a), by failing to have received
approval prior to commencing construction activities; PENALTY: $900; ENFORCEMENT
COORDINATOR: Malcolm Ferris, (210) 490-3096; REGIONAL OFFICE: 140 Heimer Road,
Suite 360, San Antonio, Texas 78232-5042, (210) 490-3096.
(12) COMPANY: Hidalgo County; DOCKET NUMBER: 1999-0695-MSW-E; IDENTIFIER:
Municipal Solid Waste (MSW) Permit Number 1593A; LOCATION: Edinburg, Hidalgo
County, Texas; TYPE OF FACILITY: solid waste landfill; RULE VIOLATED: 30 TAC §330.253(b)(2)
and (3), and (e)(7), by failing to complete final cover within 180 days of
the last receipt of waste and have site signs at the entrance gate indicating
that the landfill is closed; 30 TAC §330.111 and MSW Permit Number 1593A,
by failing to conduct groundwater monitoring, remove all waste along the northwest
boundary, demonstrate approval to maintain copies of the permit, site development
plan, or other plans at an alternate location, have facility employees and
other persons participating in facility operations qualified by training,
education, and experience to perform their duties, establish a Citizens Advisory
Board to work with the permittee in addressing various issues and concerns
raised by the citizens, contract with a licensed professional exterminator
within 60 days of issuance of this permit, and provide a plan of action outlining
the procedures to be used to identify and provide an alternate water supply;
30 TAC §330.130, by failing to conduct quarterly landfill methane gas
monitoring; and 30 TAC §§330.280 - 330.286, by failing to provide
financial assurance for closure and post- closure care and failing to adjust
the closure cost estimate for inflation; PENALTY: $11,375; ENFORCEMENT COORDINATOR:
Fara O'Neal, (956) 425-6010; REGIONAL OFFICE: 1804 West Jefferson Avenue,
Harlingen, Texas 78550-5247, (956) 425-6010.
(13) COMPANY: Houston Steel Equipment Company; DOCKET NUMBER: 2000-0016-AIR-E;
IDENTIFIER: Air Account Number HX-1861-C; LOCATION: Houston, Harris County,
Texas; TYPE OF FACILITY: office steel cabinet manufacturing plant; RULE VIOLATED:
30 TAC §116.110(a)(1) and the Act, §382.085(b) and §382.0518(a),
by allegedly operating without first obtaining a permit or satisfying the
conditions of an exemption from permitting authorization; 30 TAC §115.421(a)(9)(A)(iv)
and the Act, §382.085(b), by exceeding the three pounds of volatile organic
compound (VOC) per gallon content limit for VOC emissions from the coating
of miscellaneous metal parts; 30 TAC §115.426(a)(1)(A) and the Act, §382.085(b),
by failing to maintain material safety data sheets on site; and 30 TAC §115.426(a)(1)(B)
and (D) and the Act, §382.085(b), by failing to maintain records of the
quantity and type of coatings and solvents used and records required by 30
TAC § 115.426(a)(1)(A) and (B) on site for a period of at least two years;
PENALTY: $3,750; ENFORCEMENT COORDINATOR: Sheila Smith, (512) 239- 1670; REGIONAL
OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(14) COMPANY: The City of Ingleside; DOCKET NUMBER: 1999-1304-PWS-E; IDENTIFIER:
Water Quality Permit Number 10422-001 and National Pollutant Discharge Elimination
System (NPDES) Permit Number TX0020401; LOCATION: Ingleside, San Patricio
County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: Water
Quality Permit Number 10422-001, NPDES Permit Number TX0020401, and the Code, §26.121,
by failing to comply with both the state and federal permit limits for the
30-day average total ammonia nitrogen limit of three milligrams per liter
(mgl); PENALTY: $3,000; ENFORCEMENT COORDINATOR: Duane Tisdale, (512) 239-0004;
REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5503,
(361) 825-3100.
(15) COMPANY: City of Italy; DOCKET NUMBER: 1999-0450-MWD-E; IDENTIFIER:
Expired Water Quality Permit Number 10516-001 and NPDES Permit Number TX0024805;
LOCATION: Italy, Ellis County, Texas; TYPE OF FACILITY: wastewater treatment;
RULE VIOLATED: 30 TAC §305.42(a), by failing to submit a permit renewal
application; Permit Number 10516-001, and the Code, §26.121, by exceeding
the daily average biochemical oxygen demand (BOD
5
)
concentration limit of 30 mgl and the daily average total suspended solids
(TSS) concentration and loading limit of 171 pounds per day, the daily average
and maximum flow limit which contributes to violations of the loading limitations
for both BOD
5
and TSS, and by continuing to discharge
wastewater into waters in the state; and NPDES Permit Number TX0024805, by
exceeding the daily average BOD
5
concentration
limit of 30 mgl; PENALTY: $5,000; ENFORCEMENT COORDINATOR: Mike Meyer, (512)
239-4492; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499,
(817) 469-6750.
(16) COMPANY: Kaufman and Broad Lone Star, L.P.; DOCKET NUMBER: 2000-0253-EAQ-
E; IDENTIFIER: Edwards Aquifer Protection Program Number 1379; LOCATION: San
Antonio, Bexar County, Texas; TYPE OF FACILITY: subdivision; RULE VIOLATED:
30 TAC §213.4(a), by failing to have received approval prior to commencing
construction activities; PENALTY: $800; ENFORCEMENT COORDINATOR: Malcolm Ferris,
(210) 490-3096; REGIONAL OFFICE: 140 Heimer Road, Suite 360, San Antonio,
Texas 78232-5042, (210) 490-3096.
(17) COMPANY: The City of Kennard; DOCKET NUMBER: 1999-1509-MLM-E; IDENTIFIER:
PWS Number 1130011, Texas Pollutant Discharge Elimination System (TPDES) Permit
Number 11474-001, and NPDES Permit Number TX0056596; LOCATION: Kennard, Houston
County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §290.46(i),
(m), (p)(3), and (t), by failing to establish a plumbing ordinance, initiate
a maintenance program to facilitate cleanliness, improve the general appearance
of the facilities and reduce costly repairs, conduct annual inspections of
the pressure filter media and internal filter surfaces, and maintain the union
at well number one in a watertight condition; 30 TAC §290.43(c)(3), by
failing to maintain the integrity of the storage tank overflow valve gasket;
30 TAC §290.41(c)(1)(F), by failing to secure a sanitary easement; and
TPDES Permit Number 11474-001, 30 TAC §305.125, and the Code, §26.121,
by failing to monitor effluent flow rate five times per week and failing to
maintain minimum effluent dissolved oxygen concentrations of greater than
or equal to four mgl; PENALTY: $2,313; ENFORCEMENT COORDINATOR: Jayme Brown,
(512) 239-1683; REGIONAL OFFICE: 3870 Eastex Freeway, Suite 110, Beaumont,
Texas 77703-1892, (409) 898-3838.
(18) COMPANY: Koch Pipeline Company, L.P.; DOCKET NUMBER: 1999-0876-AIR-E;
IDENTIFIER: Air Account Numbers KH-0011-I, GC-0069-S, SG-0138-T, HJ-0037-L,
SP-0005-O, GJ-0355-L, RL-0172-J, BR-0154-W, FJ-0039-S, KA-0069-I, RI-0025-F,
BE-0021-R, LK-0045-P, RG-0080-T, NE-0065-N, JG-0086-F, WE-0245-H, MC-0063-K,
SK-0519-K, CV-0133-S, GJ-0354-N, UB-0159-W, AB-0429-I, AB-0430-A, DC-0129-H,
VC-0122-R, WM-0191-O, BC-0031-N, VC-0121-T, FC-0186-H, SM-0072-J, DK, 0062-A,
WE-0240-R, SD-0047-K, BR-0085-O, CV-0122-A, CZ-0181-J, SP-0040-M, 0029842A,
and 0033431U; LOCATION: Caldwell, Burleson County, Texas; TYPE OF FACILITY:
crude oil storage tanks; RULE VIOLATED: 30 TAC §334.128, §334.22,
and the Code, §26.358, by failing to pay the aboveground and underground
storage tank fees; 30 TAC §101.27 and the Act, §382.085(b), by failing
to pay air emission fees; 30 TAC §101.20(1), §116.110(a), 40 CFR
Subpart A §60.7, Subparts Ka and Kb §§60.112a(a)(1)(i)(A) and
(D) and b, 60.113a(a)(1)(i)(A) and (B), 60.115(a) and (b), 60.116b(b), and
the Act, §382.085(b), by failing to equip Tank Number 28594 at the Viola
Station with an internal floating roof or vapor recovery unit, perform annual
verification of floating roof seal intergrity or primary and secondary seals
and maintain the records for Tank Number 28016 at the Pettus Station, provide
notification of construction events, start-ups, shutdowns or malfunctions,
meet the requirements of tank seal conditions for Tank Numbers 28102 and 28101
at the Heyser and Dilly Stations, repair the seal gaps at Tank Number 28016,
repair the tears, holes, or openings in the seal fabric of Tank Number 28016,
inspect the seals on Tank Number 28101 at the Dilly Station, maintain a record
of the petroleum liquid stored, the period of storage, and the maximum true
vapor pressure of that liquid, equip Tank Numbers 40872 and 28503 with floating
roofs, meet the requirements of tank seal conditions for Tank Numbers 28058
and 28100 at the Three Rivers Station, perform visual inspections once every
12 months after initial fills, keep records for two years, and submit reports,
perform full internal inspections once every ten years, keep records for two
years and submit reports, submit initial control equipment certifications,
provide records of and keep for two years storage vessel dimension and capacity
and data on the true vapor pressure, and maintain records of the petroleum
liquid stored, the period of storage, and the maximum true vapor pressure
of that liquid during the respective storage period; 30 TAC §115.114(b)
and the Act, §382.085(b), by failing to inspect the seals on Tank Numbers
28585 and 28586 at the Viola Station; and 30 TAC §116.110(a) and the
Act, §382.0518(a) and §382.085(b), by failing to obtain a permit
or exemption from permitting prior to construction and operation of the Dilly
Station; PENALTY: $171,570; ENFORCEMENT COORDINATOR: Stacey Young, (512) 239-1899;
REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254)
751-0335.
(19) COMPANY: Koch Midstream Services Company; DOCKET NUMBER: 1999-1478-AIR-E;
IDENTIFIER: Air Account Numbers PE-0046-G, PE-0164-W, and WC-0025-W; LOCATION:
Fort Stockton, Pecos County, Texas; TYPE OF FACILITY: natural gas processing;
RULE VIOLATED: 30 TAC §122.145(2)(c), by failing to submit a deviation
report; and 30 TAC §122.146(2), by failing to submit annual compliance
certifications; PENALTY: $6,000; ENFORCEMENT COORDINATOR: Dan Landenberger,
(915) 570-1359; REGIONAL OFFICE: 3300 North A Street, Building 4, Suite 107,
Midland, Texas 79705-5404, (915) 570-1359.
(20) COMPANY: Koch Midstream Processing Company; DOCKET NUMBER: 2000-0163-AIR-
E; IDENTIFIER: Air Account Number CZ-0012-K; LOCATION: near McCamey, Crockett
County, Texas; TYPE OF FACILITY: natural gas processing; RULE VIOLATED: 30
TAC §122.146(2), by failing to submit an annual certification within
30 days prior to the end of the certification period; PENALTY: $2,000; ENFORCEMENT
COORDINATOR: Mark Newman, (915) 655-9479; REGIONAL OFFICE: 622 South Oakes,
Suite K, San Angelo, Texas 76903-7013, (915) 655-9479.
(21) COMPANY: B Hari International, Incorporated dba Kwik Serve #3; DOCKET
NUMBER: 1999-1458-PST-E; IDENTIFIER: PST Facility Identification Number 0067479;
LOCATION: Alvarado, Johnson County, Texas; TYPE OF FACILITY: convenience store
with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.50(a)(1)(A)
and the Code, §26.3475, by failing to have a release detection method
capable of detecting a release from any portion of the underground storage
tank (UST); 30 TAC §334.93(a) and (b), by failing to demonstrate financial
responsibility; 30 TAC §334.7(a)(1) and the Code, §26.346, by failing
to register an UST; and 30 TAC §334.54(d)(1)(B), by failing to permanently
remove from service an UST; PENALTY: $5,600; ENFORCEMENT COORDINATOR: Jorge
Ibarra, (817) 469-6750; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington,
Texas 76010-6499, (817) 469-6750.
(22) COMPANY: City of Lytle; DOCKET NUMBER: 1999-1468-MWD-E; IDENTIFIER:
NPDES Permit Number TX0057509 and Water Quality Permit Number 10096-001; LOCATION:
Lytle, Atascosa County, Texas; TYPE OF FACILITY: wastewater treatment; RULE
VIOLATED: NPDES Permit Number TX0057509, Water Quality Permit Number 10096-001,
and the Code, §26.121, by failing to comply with permitted effluent limits;
PENALTY: $4,000; ENFORCEMENT COORDINATOR: Eric Reese, (512) 239-2611; REGIONAL
OFFICE: 140 Heimer Road, Suite 360, San Antonio, Texas 78232-5042, (210) 490-3096.
(23) COMPANY: Millennium Rail, Inc.; DOCKET NUMBER: 1999-1230-AIR-E; IDENTIFIER:
Air Account Number HH-0008-M; LOCATION: Scottsville, Harrison County, Texas;
TYPE OF FACILITY: railcar cleaning, maintenance, and coating; RULE VIOLATED:
30 TAC §116.115(c), the Act, §382.085(b), and Air Permit Number
5295, by failing to store containers of volatile materials in a sheltered
area, ensure that railcars containing only compounds listed on the Approved
Chemical List are cleaned, immediately provide all railcar cleaning records,
and operate the flare six days during the cleaning of railcars containing
VOCs; PENALTY: $24,375; ENFORCEMENT COORDINATOR: Carolyn Lind, (903) 535-5100;
REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.
(24) COMPANY: North Texas Municipal Water District; DOCKET NUMBER: 1999-1505-
MWD-E; IDENTIFIER: Water Quality Permit Number 10384-001 and NPDES Permit
Number TX0025950; LOCATION: Wylie, Collin County, Texas; TYPE OF FACILITY:
wastewater treatment; RULE VIOLATED: Water Quality Permit Number 10384-001,
NPDES Permit Number TX0025950, and the Code, §26.121, by failing to meet
permit limits for ammonia-nitrogen; PENALTY: $3,125; ENFORCEMENT COORDINATOR:
Sherry Smith, (512) 239-0572; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington,
Texas 76010-6499, (817) 469-6750.
(25) COMPANY: Oasis Pipe Line Company Texas L.P.; DOCKET NUMBER: 2000-0076-AIR-
E; IDENTIFIER: Air Account Numbers CZ-0026-W and KG-0007-K; LOCATION: Ozona,
Crockett County, Texas; TYPE OF FACILITY: natural gas compressor station;
RULE VIOLATED: 30 TAC §122.146(2) and the Act, §382.085(b), by allegedly
having failed to submit an annual certification within 30 days of the end
of the certification period; PENALTY: $6,000; ENFORCEMENT COORDINATOR: Mark
Newman, (915) 655-9479; REGIONAL OFFICE: 622 South Oakes, Suite K, San Angelo,
Texas 76903-7013, (915) 655-9479.
(26) COMPANY: Penreco; DOCKET NUMBER: 1999-0815-IWD-E; IDENTIFIER: NPDES
Permit Number TX0003727 and Water Quality Permit Number 00377; LOCATION: Dickinson,
Galveston County, Texas; TYPE OF FACILITY: petroleum products; RULE VIOLATED:
NPDES Permit Number TX0003727, Water Quality Permit Number 00377, and the
Code, §26.121, by failing to comply with the daily maximum oil and grease
limit of 15 mgl; PENALTY: $2,500; ENFORCEMENT COORDINATOR: Mike Meyer, (512)
239-4492; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486,
(713) 767-3500.
(27) COMPANY: Mr. Larry Trotter dba Preferred Auto Sales; DOCKET NUMBER:
2000-0042- AIR-E; IDENTIFIER: Air Account Number DB-5093-C; LOCATION: Garland,
Dallas County, Texas; TYPE OF FACILITY: used car lot; RULE VIOLATED: 30 TAC §114.20(c)(1)
and the Act, §382.085(b), by allegedly offering for sale a vehicle with
missing or inoperable emission control devices; PENALTY: $720; ENFORCEMENT
COORDINATOR: Wendy Penland, (817) 469- 6750; REGIONAL OFFICE: 1101 East Arkansas
Lane, Arlington, Texas 76010-6499, (817) 469-6750.
(28) COMPANY: Signtech USA, Ltd.; DOCKET NUMBER: 1999-1546-IHW-E; IDENTIFIER:
Solid Waste Registration Number 39225; LOCATION: San Antonio, Bexar County,
Texas; TYPE OF FACILITY: sign manufacturing; RULE VIOLATED: 30 TAC §335.69(a)(4),
by failing to maintain personnel training records and records of the annual
reviews of initial training provided for facility personnel and failing to
include in the facility's contingency plan the requirements that apply to
an UST which is used for emergency spill control; 30 TAC §335.69(a)(2)
and (3), by failing to properly label a hazardous waste tank and containers
of hazardous waste in storage with the words "hazardous waste" and failing
to mark containers of hazardous waste in storage with the dates upon which
the accumulation began; 30 TAC §335.69(a)(1)(B), by failing to use appropriate
controls and practices to prevent spills and overflows from the hazardous
waste tank, its ancillary equipment, and its off-loading valve and by failing
to document daily inspections of hazardous waste tank in the operating record
of the facility; 30 TAC §335.4, by failing to prevent discharges and
spills from a non-hazardous industrial solid waste tank; 30 TAC §335.69(b)
and (e), by failing to maintain records which document the facility's compliance
with accumulation time limits for storage of hazardous waste in a tank and
failing to mark containers with the date on which the amounts of hazardous
waste in excess of 55 gallons were allowed to be accumulated in the wash room,
the vinyl area, and adjacent to the distillation area; 30 TAC §335.62,
by failing to perform hazardous waste determinations on PM-10 acetate solvent;
30 TAC §335.6(c), by failing to submit subsequent notification for four
on-site solid waste management units and for various industrial solid waste
streams generated on site; 30 TAC §335.69(d)(2), by failing to properly
label containers and to keep containers closed when not adding or removing
hazardous wastes accumulated at or near the point of generation; 30 TAC §335.9(a)(1)(G),
by failing to keep records which document the location of hazardous waste
accumulation areas location at or near the point of generation; 30 TAC §335.10(a)
and (b), by failing to include all applicable United States Environmental
Protection Agency (EPA) hazardous waste numbers on manifests used for transportation
of hazardous waste; and 30 TAC §335.431(c), by failing to identify all
applicable EPA hazardous waste numbers on land disposal restriction notifications
provided to off-site receiving facilities; PENALTY: $36,375; ENFORCEMENT COORDINATOR:
Malcolm Ferris, (210) 490-3096; REGIONAL OFFICE: 140 Heimer Road, Suite 360,
San Antonio, Texas 78232-5042, (210) 490-3096.
(29) COMPANY: Mr. Bill Smalling dba Smalling Interests; DOCKET NUMBER:
1999-1255- EAQ-E; IDENTIFIER: Edwards Aquifer Program Number 99072701; LOCATION:
Round Rock, Williamson County, Texas; TYPE OF FACILITY: construction site;
RULE VIOLATED: 30 TAC §213.4(a), by failing to obtain approval of an
Edwards Aquifer protection plan prior to initiating construction; PENALTY:
$1,500; ENFORCEMENT COORDINATOR: Larry King, (512) 339-2929; REGIONAL OFFICE:
1921 Cedar Bend Drive, Suite 150, Austin, Texas 78758-5336, (512) 339-2929.
(30) COMPANY: Sneed Shipbuilding, Inc.; DOCKET NUMBER: 1999-1578-IHW-E;
IDENTIFIER: IHW Identification Number 86273; LOCATION: Orange, Orange County,
Texas; TYPE OF FACILITY: ship building and repair; RULE VIOLATED: 30 TAC §335.6(a),
by failing to notify the TNRCC regarding the generation, storage, and disposal
of industrial solid waste; 30 TAC §335.9(a)(1), by failing to keep records
regarding volumes of industrial solid waste generated, stored, and disposed
of on site; 30 TAC §335.62, by failing to perform hazardous waste determinations
and classifications of industrial solid waste generated on site; 30 TAC §335.63,
by failing to obtain an EPA identification number; 30 TAC §335.69(f)(4)
and 40 CFR §262.34(d)(4), by failing to mark containers of hazardous
waste with accumulation dates and failing to mark containers of hazardous
waste with the words "hazardous waste;" 30 TAC §335.69(f)(2) and 40 CFR §262.34(d)(2),
by failing to keep containers of hazardous waste closed and failing to perform
weekly inspections of containers storing hazardous waste; 30 TAC §335.431
and 40 CFR §268.7(a), by failing to determine if hazardous waste is restricted
from land disposal; and 30 TAC §335.503(a), by failing to classify and
code each industrial solid waste generated on site; PENALTY: $8,800; ENFORCEMENT
COORDINATOR: Laura Clark, (409) 898- 3838; REGIONAL OFFICE: 3870 Eastex Freeway,
Suite 110, Beaumont, Texas 77703-1892, (409) 898-3838.
(31) COMPANY: T&M Management & Spindletop Truck Stop, Inc.; DOCKET
NUMBER: 1998-1216-PST-E; IDENTIFIER: Enforcement Identification Number 17234;
LOCATION: Vidor, Orange County, Texas; TYPE OF FACILITY: convenience store
with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.54(d)(1)(B)
and §334.55(a)(6), by failing to permanently remove from service the
USTs; and 30 TAC §334.7(d)(3), by failing to amend, update, or change
registration information; PENALTY: $9,375; ENFORCEMENT COORDINATOR: Craig
Fleming, (512) 239-5806; REGIONAL OFFICE: 3870 Eastex Freeway, Suite 110,
Beaumont, Texas 77703- 1892, (409) 898-3838.
(32) COMPANY: Jaweed Virani dba Star Mart; DOCKET NUMBER: 1999-1449-PST-E;
IDENTIFIER: PST Facility Identification Number 0034474; LOCATION: La Marque,
Galveston County, Texas; TYPE OF FACILITY: convenience store with retail sales
of gasoline; RULE VIOLATED: 30 TAC §115.246(6) and the Act, §382.085(b),
by failing to maintain records of daily inspections; PENALTY: $1,250; ENFORCEMENT
COORDINATOR: Erika Fair, (512) 239- 6673; REGIONAL OFFICE: 5425 Polk Avenue,
Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(33) COMPANY: Tosco Marketing Company, Inc.; DOCKET NUMBER: 1999-1567-AIR-E;
IDENTIFIER: Air Account Number EE-0799-J; LOCATION: Anthony, El Paso County,
Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline;
RULE VIOLATED: 30 TAC §114.100(a) and the Act, §382.085(b), by allegedly
dispensing gasoline for use as a motor vehicle fuel which failed to meet the
minimum oxygen content of 2.7% by weight; PENALTY: $600; ENFORCEMENT COORDINATOR:
Corey Burke, (512) 239-5259; REGIONAL OFFICE: 401 East Franklin, Suite 560,
El Paso, Texas 79901, (915) 834-4949.
(34) COMPANY: Ultra Fuel and Oil, L.L.C.; DOCKET NUMBER: 1999-1589-AIR-E;
IDENTIFIER: Air Account Numbers EE-2063-F and EE-0866-T; LOCATION: El Paso,
El Paso County, Texas; TYPE OF FACILITY: convenience store with retail sales
of gasoline; RULE VIOLATED: 30 TAC §114.100(a) and the Act, §382.085(b),
by allegedly dispensing gasoline for use as a motor vehicle fuel which failed
to meet the minimum oxygen content of 2.7% by weight; PENALTY: $1,200; ENFORCEMENT
COORDINATOR: Corey Burke, (512) 239-5259; REGIONAL OFFICE: 401 East Franklin,
Suite 560, El Paso, Texas 79901, (915) 834-4949.
(35) COMPANY: Union Pacific Railroad; DOCKET NUMBER: 1999-1565-AIR-E; IDENTIFIER:
Air Account Number EE-1354-V; LOCATION: El Paso, El Paso County, Texas; TYPE
OF FACILITY: loading and unloading dock for railcars; RULE VIOLATED: 30 TAC §111.149(b), §101.4,
and the Act, §382.085(b), by allegedly using a lot for more than five
parking spaces without being paved or uniformly covered with gravel which
caused air contaminants to be emitted into the atmosphere in such a concentration
and duration as to create a dust nuisance; PENALTY: $1,750; ENFORCEMENT COORDINATOR:
Corey Burke, (512) 239-5259; REGIONAL OFFICE: 401 East Franklin, Suite 560,
El Paso, Texas 79901, (915) 834-4949.
(36) COMPANY: Doyle Foster dba Wier Country Store; DOCKET NUMBER: 1999-1403-PST-
E; IDENTIFIER: PST Facility Identification Number 22117; LOCATION: Wier, Williamson
County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline;
RULE VIOLATED: 30 TAC §334.50(b)(2) and the Code, §26.3475, by failing
to conduct a release detection method on pressurized piping; 30 TAC §334.10(b)(1),
by failing to present documentation of monthly inventory reconciliation of
daily inventory control records; 30 TAC §334.50(b)(2)(A)(i)(III) and
the Code, §26.3475, by failing to test line leak detectors at least once
per year for performance and reliability; 30 TAC §334.93, by failing
to demonstrate the required financial assurance for corrective action and
third party liability; 30 TAC §334.51(b)(2)(C) and the Code, §26.3475,
by failing to demonstrate the presence of an overfill prevention device on
each tank; and 30 TAC §334.7(d)(3), by failing to provide an amended
registration to reflect the method of release detection being used and the
installation of spill equipment; PENALTY: $6,600; ENFORCEMENT COORDINATOR:
Larry King, (512) 339-3795; REGIONAL OFFICE: 1921 Cedar Bend Drive, Suite
150, Austin, Texas 78758-5336, (512) 339-2929.
TRD-200003260
Paul Sarahan
Director, Litigation Division
Texas Natural Resource Conservation Commission
Filed: May 9, 2000
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 290.
The proposed amendments to Chapter 290, concerning Public Drinking Water,
would implement 40 Code of Federal Regulations Part 141, Subpart O, which
requires states with primary enforcement responsibility of safe drinking water
programs to adopt federal consumer confidence report requirements.
A public hearing on this proposal will be held in Austin on June 12, 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
1999-065-290-WT. Comments must be received by 5:00 p.m., June 19, 2000. For
further information, please contact Bruce Moulton, Policy and Regulations
Division, (512) 239-4809.
TRD-200003210
Margaret Hoffman
Director, Environmental Law Division
Texas Natural Resource Conservation Commission
Filed: May 8, 2000
The Texas Natural Resource Conservation Commission (TNRCC or commission)
will conduct a public hearing to receive testimony concerning revisions to
30 TAC Chapter 321, Control of Certain Activities by Rule. This notice is
given under the requirements of Texas Health and Safety Code, §382.017
and Texas Government Code, Subchapter B, Chapter 2001.
The proposed rules would establish the parameters for determining, in accordance
with House Bill (HB) 801, whether a particular concentrated animal feeding
operation (CAFO) requires an individual permit because it is located in the
watershed of a sole-source surface drinking water supply and is located sufficiently
close to an intake of a public water supply system in the sole-source surface
drinking water supply so that contaminants discharged from the CAFO could
potentially affect the public drinking water supply. In this regard, the proposed
rules would establish the protection zone, which is the primary parameter
in determining whether a CAFO is so located. The proposed rules require certain
application information to be submitted in order to determine if the CAFO
is located within the "protection zone" of a sole-source surface drinking
water supply.
A public hearing on this proposal will be held in Austin on June 15, 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. Individuals may present
oral statements when called upon in the 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 before the hearing and will 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., June 19,
2000, and should reference Rule Log Number 1999-030-321-AD. For further information,
please contact Ray Austin, Policy and Regulations Division, (512) 239-6814.
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-200003213
Margaret Hoffman
Director, Environmental Law Division
Texas Natural Resource Conservation Commission
Filed: May 8, 2000
WILLIAM A. ANSLEY, JR, HUDGINS DUNNAM ANSLEY, MORROW LOU ANSLEY SIMS, JULIA
ANN ANSLEY VIDAL, D'ARCY MELL ANSLEY POULSON AND CRAIG SIMS, 1309 North Alabama
Road, Wharton, Texas 77488, applicants, seek a Water Use Permit pursuant to §11.121,
Texas Water Code, and Texas Natural Resource Conservation Commission Rules
30 TAC §§ 295.1, et seq. The applicants seek authorization to divert
not to exceed 184 acre-feet of water per annum from West Bernard Creek, tributary
of the San Bernard River, Brazos-Colorado Coastal Basin for irrigation of
85 acres out of four tracts of land totaling 154.21 acres in the Isham B.
Phillips League, Abstract No. 52, Wharton County approximately 2.2 miles Southeast
of Hungerford, Texas. Ownership of the land to be irrigated by applicants
is evidenced by Warranty Deed recorded in Volume 545, Page 745, Volume 43,
Page 362, Volume 406, Page 695, and Volume 473, Page 575 in the Official Records
of Wharton County. Although each of the four tracts have different individual
owners, the requested permit, if granted, will not include a specific amount
of water for each tract, but a total amount for the aforesaid 154.21 acres.
The water will be diverted from West Bernard Creek at a maximum rate of 3.825
cfs (1717 gpm) at a point S 23.25° W, 16,800 feet from the East corner
of the Isham B. Phillips League, Abstract No. 52, also being at 29.39°
N Latitude and 96.04° W Longitude. Water diverted but not consumed will
be returned to West Bernard Creek downstream of the proposed diversion point.
The return points are described as follows: 1. At a point on the creek that
is S 22° W, 16,900 feet from the aforesaid league corner, also being at
29.39° N Latitude and 96.037° W Longitude. The estimate annual amount
of return flow to this point is 9 acre-feet of water. 2. At a point on a drainage
ditch that is a tributary of the creek that is S 21° W, 21,000 feet from
aforesaid league corner, also being at 29.38°N Latitude and 96.04°W
Longitude. The estimated annual amount of return flow to the this point is
9 acre-feet of water.
MARIE E. SIKORA, 1610 Briar Lane Apt 2A, Wharton, Texas 77488, applicant,
seeks a Water Use Permit pursuant to §11.121, Texas Water Code, and Texas
Natural Resource Conservation Commission Rules 30 TAC §§ 295.1,
et seq. The applicant seeks authorization to divert not to exceed 33 acre-feet
of water per annum from West Bernard Creek, tributary of the San Bernard River,
Brazos-Colorado Coastal Basin for irrigation of 15 acres out of a 21.512 acre
tract in the David Hamilton League, Abstract No. 26, Wharton County approximately
2.7 miles southeast of Hungerford, Texas. Ownership of the land to be irrigated
by the applicant is evidenced by Warranty Deeds recorded in Volume 817, Page
309 at the in the official; records of Wharton County. The water will be diverted
from West Bernard Creek at a maximum rate of 1.559 cfs (700 gpm) at a point
S 38° W, 16,700 feet from the East corner of the David Hamilton League,
Abstract No. 26, also being at 29.39° N Latitude and 96.03° W Longitude.
Water diverted but not consumed will be returned to West Bernard Creek downstream
of the proposed diversion point. The return point is S 35.58° W, 16,400
feet from the aforesaid league corner, also being at 29.39° N Latitude
and 96.026° W Longitude. The estimate annual amount of return flow to
this point is 3 acre-feet of water.
The TNRCC may grant a contested case hearing on this application if a written
hearing request is filed within 30 days from the date of newspaper publication
of this notice. The Executive Director may approve the application unless
a written request for a contested case hearing is filed within 30 days after
newspaper publication of this notice.
To request a contested case hearing, you must submit the following: (1)
your name (or for a group or association, an official representative), mailing
address, daytime phone number, and fax number, if any; (2) applicant's name
and permit number; (3) the statement "[I/we] request a contested case hearing;"
(4) a brief and specific description of how you would be affected by the application
in a way not common to the general public; and (5) the location and distance
of your property relative to the proposed activity. You may also submit any
proposed conditions to the requested amendment which would satisfy your concerns.
Requests for a contested case hearing must be submitted in writing to the
TNRCC Office of the Chief Clerk at the address provided in the information
section below. If a hearing request is filed, the Executive Director will
not issue the requested amendment and may forward the application and hearing
request to the TNRCC Commissioners for their consideration at a scheduled
Commission meeting.
Written hearing requests, public comments or requests for a public meeting
should be submitted to the Office of the Chief Clerk, MC 105, TNRCC, P.O.
Box 13087, Austin, TX 78711-3087. For information concerning the hearing process,
please contact the Public Interest Counsel, MC 103 at the same address. For
additional information, individual members of the general public may contact
the Office of Public Assistance at 1-800-687-4040. General information regarding
the TNRCC can be found at our web site at www.tnrcc.state.tx.us.
TRD-200003270
LaDonna Castañuela
Chief Clerk
Texas Natural Resource Conservation Commission
Filed: May 9, 2000
The following notices were issued during the period of March 31, 2000 through
May 8, 2000.
The following require the applicants to publish notice in the newspaper.
The public comment period, requests for public meetings, or requests for a
contested case hearing may be submitted to the Office of the Chief Clerk,
Mail Code 105, P O Box 13087, Austin Texas 78711-3087, WITHIN 30 DAYS OF THE
DATE OF NEWSPAPER PUBLICATION OF THIS NOTICE.
AQUASOURCE UTILITY, INC. has applied for a new permit, proposed Texas Pollutant
Discharge Elimination System (TPDES) Permit No. 14117-001, to authorize the
discharge of treated domestic wastewater at a daily average flow not to exceed
900,000 gallons per day. The plant site is located approximately 0.75 mile
southwest of the intersection of West Little York (Fisher) Road and Brittmore
Road in Harris County, Texas.
CITY OF AUSTIN, DEPARTMENT OF AVIATION has applied for a renewal of Permit
No. 13455-001, which authorizes the disposal of treated domestic wastewater
at a daily average flow not to exceed 294,625 gallons per day via surface
irrigation of 132 acres of land. This permit will not authorize a discharge
of pollutants into waters in the State. The disposal area is located on the
golf course of on Austin-Bergstrom Airport approximately 2.4 miles southeast
of the intersection of U.S. Highway 183 and State Highway 71 in Travis County,
Texas.
CITY OF BAIRD has applied for a renewal of TNRCC Permit No. 10037-001,
which authorizes the discharge of treated domestic wastewater at a daily average
flow not to exceed 400,000 gallons per day. The facility is located immediately
east of the TP Lake dam and immediately south of the Texas-Pacific Railroad
right-of-way in Callahan County, Texas.
CITY OF BEASLEY has applied for a renewal of TPDES Permit No. 11450-001,
which authorizes the discharge of treated domestic wastewater at a daily average
flow not to exceed 60,000 gallons per day. The facility is located approximately
3,000 feet east of the intersection of U.S. Highway 59 (Southwest Freeway)
and Farm-to-Market Road 1875, approximately 3,000 feet west-southwest of the
intersection of U.S. Highway 59 and Eslieb Road, on the frontage of Emerson
Road south of the City of Beasley in Fort Bend County, Texas.
CITY OF BLANCO has applied for a renewal of TNRCC Permit No. 10549-001,
which authorizes the discharge of treated water treatment filter backwash
water at a daily average flow not to exceed 50,000 gallons per day. The plant
site is located approximately 3,000 feet southwest of the intersection of
Farm-to-Market Road 1623 and U.S. Highway 281, on the north bank of the Blanco
River in the City of Blanco in Blanco County, Texas.
CITY OF EVANT has applied for a renewal of TNRCC Permit No. 11011-001,
which authorizes the discharge of treated domestic wastewater at a daily average
flow not to exceed 60,000 gallons per day. This application was submitted
to the TNRCC on September 1, 1999. The plant site is located approximately
200 feet south of Live Oak Street near the southeast corner of the City of
Evant in Coryell County, Texas.
FORT HANCOCK WATER CONTROL AND IMPROVEMENT DISTRICT #1 has applied for
a renewal of Permit No.11173-001, which authorizes the disposal of treated
domestic wastewater at a daily average flow not to exceed 33,000 gallons per
day via evaporation. The wastewater treatment facilities and disposal site
are located on the north side of and adjacent to State Highway 20, approximately
one mile southeast of Fort Hancock in Hudspeth County, Texas.
GALVESTON COUNTY MUNICIPAL UTILITY DISTRICT NO. 1 has applied for a renewal
of Permit No. 11477-001, which authorizes the disposal of treated domestic
wastewater at a daily average flow not to exceed 750,000 gallons per day via
surface irrigation of 122 acres of a golf course. The draft permit authorizes
the disposal of treated domestic wastewater at an annual average flow not
to exceed 285,000 gallons per day via surface irrigation of 122 acres of a
golf course. This permit will not authorize a discharge of pollutants into
waters in the State. The wastewater treatment facilities are located approximately
0.5 mile north of Stewart Road and 0.25 mile east of 12-Mile Road on Galveston
Island. The disposal site is located at the Galveston Country Club which is
immediately northwest of the intersection of Stewart Road and 12-Mile Road
on Galveston Island in Galveston County, Texas.
CITY OF HOLLAND has applied for a renewal of TNRCC Permit No. 10897-001,
which authorizes the discharge of treated domestic wastewater at a daily average
flow not to exceed 200,000 gallons per day. Issuance of the proposed Texas
Pollutant Discharge Elimination System (TPDES) Permit No. 10897-001 will replace
the existing TNRCC Permit No. 10897-001. The plant site is located approximately
0.5 mile east of the intersection of Travis Street and U.S. Highway 95 in
Bell County, Texas.
CITY OF HOUSTON has applied for a renewal of TNRCC Permit No. 10495-112,
which authorizes the discharge of treated domestic wastewater at a daily average
flow not to exceed 820,000 gallons per day. The plant site is located south
of Huffman-Eastgate Road, approximately 6,500 feet west of the intersection
of Farm-to-Market Road 1960 and Huffman- Eastgate Road in Harris County, Texas.
CITY OF KOSSE has applied for a renewal of TPDES Permit No. 11405-001,
which authorizes the discharge of treated domestic wastewater at a daily average
flow not to exceed 40,000 gallons per day. The facility is located approximately
150 feet southeast of the intersection of Jackson and Tulip Streets in the
City of Kosse in Limestone County, Texas.
LUTHERAN OUTDOORS MINISTRY OF TEXAS, INC. has applied for a major amendment
to TNRCC Permit No. 12168-001 to authorize an increase in the discharge of
treated domestic wastewater from a daily average flow not to exceed 21,000
gallons per day to a daily average flow not to exceed 35,000 gallons per day.
This application was submitted to the TNRCC on August 4, 1999. The plant site
is located approximately 1.8 miles northeast of the intersection of Farm-to-
Market Road 155 and U.S. Highway 77 in Fayette County, Texas.
CITY OF MANVEL has applied for a renewal of TPDES Permit No. 11251-001,
which authorizes the discharge of treated domestic wastewater at a daily average
flow not to exceed 30,000 gallons per day. The plant site is located northeast
of the intersection of State Highway 6 and Farm- to-Market Road 1128 in the
City of Manvell in Brazoria County, Texas.
CITY OF MARSHALL has applied for a major amendment to TNRCC Permit No.
10583-002. The proposed amendment would authorize to change the effluent limitations
from 2 mg/l to 5 mg/l for Ammonia Nitrogen (NH3-N) with a change from 6 mg/l
to 5 mg/l for minimum dissolved oxygen (DO). The current permit authorizes
the discharge of treated domestic wastewater at a daily average flow not to
exceed 5,910,000 gallons per day. Also, the permittee is requesting to increase
2-hour peak flow from 15,000,000 gallons per day to 18,000,000 gallons per
day and change the method of disinfection from chlorination to an ultra violet
light disinfection system. The draft permit authorizes the discharge of treated
domestic wastewater at an annual average flow not to exceed 5,910,000 gallons
per day. The plant site is located southeast of the City of Marshall, approximately
1,800 feet southeast of the intersection of Interstate Highway 20 and Five
Notch Road in Harrison County, Texas.
NEW BRAUNFELS UTILITIES has applied for a renewal of TNRCC Permit No. 10232-003,
which authorizes the discharge of treated domestic wastewater at a daily average
flow not to exceed 3,100,000 gallons per day. The draft permit authorizes
the discharge of treated domestic wastewater at an annual average flow not
to exceed 3,100,000 gallons per day. The plant site is located at 1922 Kuehler
Road, approximately 0.5 mile east of Farm-to-Market Road 725 and 0.5 mile
south of Interstate Highway 35 off Kuehler Avenue in the City of New Braunfels
in Comal County, Texas.
CITY OF ROMA has applied for a renewal of TNRCC Permit No. 11212-001, which
authorizes the discharge of treated domestic wastewater at a daily average
flow not to exceed 360,000 gallons per day. This application was submitted
to the TNRCC on August 30, 1999. The plant site is located south of U.S. Highway
83 at West 6th Street in the City of Roma in Starr County, Texas.
CITY OF ROMA has applied for a new permit, proposed Texas Pollutant Discharge
Elimination System (TPDES) Permit No. 11212-003, to authorize the discharge
of treated water treatment plant filter backwash at a daily average flow not
to exceed 150,000 gallons per day. The plant site is located approximately
1,300 feet northwest of the intersection of U.S. Highway 83 and U.S. Customs
Toll Bridge Road (in the City of Roma), and approximately 1,100 feet north
of the intersection of the same U.S. Customs Toll Bridge Road and Mexico in
Starr County, Texas.
SUNBELT FRESH WATER SUPPLY DISTRICT has applied for a renewal of TPDES
Permit No. 11791-001, which authorizes the discharge of treated domestic wastewater
at a daily average flow not to exceed 500,000 gallons per day. The facility
is located approximately 1.2 miles west of U.S. Highway 59, on the south side
of Greens Bayou in Harris County, Texas.
TEXAS DEPARTMENT OF TRANSPORTATION has applied for a renewal of TNRCC Permit
No. 11311-001, which authorizes the discharge of treated domestic wastewater
at a daily average flow not to exceed 12,000 gallons per day. The facility
is located on the northwest side of Interstate Highway 20 at a point approximately
0.25 mile west of the Parker County line in Palo Pinto County, Texas.
U.S. ARMY CORPS OF ENGINEERS has applied for a renewal of Permit No. 12255-001,
which authorizes the disposal of treated domestic wastewater at a daily average
flow not to exceed 2,100 gallons per day via evaporation. This permit will
not authorize a discharge of pollutants into waters in the State. This application
was submitted to the TNRCC on August 9, 1999. The wastewater treatment facilities
and disposal site are located within Russell Park off County Road 262 approximately
2.1 miles south-southeast of the intersection of County Road 262 and Farm-to-Market
Road 3405 in Williamson County, Texas.
U.S. DEPARTMENT OF AGRICULTURE has applied for a renewal of Permit No.
12211-001, which authorizes the disposal of treated domestic wastewater at
a daily average flow not to exceed 9,000 gallons per day via surface irrigation
of 2.5 acres of grassland. The wastewater treatment facilities and disposal
area are located just below the dam of Red Hills Lake which is 0.75 mile east
of State Highway 87 on Forest Service Road 116 and three miles northeast of
the City of Milam in Sabine County, Texas.
CITY OF YOAKUM has applied for a major amendment to TNRCC Permit No. 10463-001
to authorize an increase in the discharge of treated domestic wastewater from
a daily average flow not to exceed 950,000 gallons per day to a daily average
flow not to exceed 990,000 gallons per day, to authorize to increase the allowable
2-hr. peak flow and to authorize composting of sludge on the wastewater treatment
plant site. The plant site is located on the west side of Dunn Street and
approximately one mile southwest of its intersection with State Highway 111
in the City of Yoakum in Dewitt County, Texas.
TRD-200003269
LaDonna Castañuela
Chief Clerk
Texas Natural Resource Conservation Commission
Filed: May 9, 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 May 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 North Texas Cellular, Inc., doing
business as Brazos Global Communications for a Service Provider Certificate
of Operating Authority, Docket Number 22507 before the Public Utility Commission
of Texas.
Applicant intends to provide a full range of telecommunications service
which includes, but is not limited to, basic local telecommunications service,
DSL, and Internet service.
Applicant's requested SPCOA geographic area includes the area of Texas
comprising the Abilene, Dallas, and Wichita Falls Local Access and Transport
Areas.
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 May 24, 2000. Hearing and speech-impaired individuals with text telephone
(TTY) may contact the commission at (512) 936-7136.
TRD-200003205
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: May 8, 2000
On May 3, 2000, Southwestern Bell Telephone Company and Capital Telecommunications,
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 22493. 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
22493. 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 June 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
22493.
TRD-200003253
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: May 9, 2000
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. Southwestern Bell Telephone Company's Application
for Approval of LRIC Study for Privacy Manager Service Pursuant to P.U.C.
Substantive Rule §26.215 on or after May 8, 2000, Docket Number 22480.
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 22480. Written comments or recommendations should be filed no
later than 45 days after the date of sufficiency 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-200003170
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: May 5, 2000
On May 2, 2000, FairPoint Communications Corporation and GTE Southwest,
Inc., collectively referred to as applicants, filed a joint application for
approval of an interim 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 22491. 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 interim
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
22491. 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 June 1, 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
22491.
TRD-200003156
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: May 4, 2000
On April 28, 2000, 1-800-Reconex, Inc. and GTE Southwest, Inc., collectively
referred to as applicants, filed a joint application for approval of 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 22492. 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 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 22492. 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 June 1, 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
22492.
TRD-200003155
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: May 4, 2000
On May 3, 2000, Excel Telecommunications and GTE Southwest, Inc., collectively
referred to as applicants, filed a joint application for approval of 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 22498. 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 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 22498. 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 June 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
22498.
TRD-200003254
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: May 9, 2000
On May 3, 2000, Adelphia Business Solutions of Texas, LP and GTE Southwest,
Inc., collectively referred to as applicants, filed a joint application for
approval of an interim 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 22499. 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 interim
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
22499. 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 June 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
22499.
TRD-200003255
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: May 9, 2000
On May 3, 2000, United Telephone Company of Texas, Inc. doing business
as Sprint, Central Telephone Company of Texas doing business as Sprint, and
United Telephone Company of Texas, Inc., collectively referred to as applicants,
filed a joint application for approval of 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 22500. 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 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 22500. 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 June 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
22500.
TRD-200003267
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: May 9, 2000
On May 3, 2000, United Telephone Company of Texas, Inc. doing business
as Sprint, Central Telephone Company of Texas doing business as Sprint, and
Central Telephone Company of Texas, collectively referred to as applicants,
filed a joint application for approval of 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 22501. 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 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 22501. 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 June 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
22501.
TRD-200003268
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: May 9, 2000
On May 4, 2000, Southwestern Bell Telephone Company and Callnet Communications,
Inc., collectively referred to as applicants, filed a joint application for
approval of 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
22503. 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 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 22503. 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 June 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
22503.
TRD-200003256
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: May 9, 2000
On May 4, 2000, Level 3 Communications, LLC and GTE Southwest, Inc., collectively
referred to as applicants, filed a joint application for approval of an interim
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
22504. The joint application and the underlying interim interconnection agreement
are available for public inspection at the commission's offices in Austin,
Texas.
The commission must act to approve the interim 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 interim
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
22504. 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 June 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
22504.
TRD-200003257
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: May 9, 2000
On May 4, 2000, XIT Telecommunications and Technology, Inc. and GTE Southwest,
Inc., collectively referred to as applicants, filed a joint application for
approval of 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
22505. 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 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 22505. 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 June 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
22505.
TRD-200003258
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: May 9, 2000
On May 4, 2000, TSR Wireless, LLC and GTE Southwest, Inc., collectively
referred to as applicants, filed a joint application for approval of 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 22506. 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 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 22506. 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 June 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
22506.
TRD-200003259
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: May 9, 2000
On May 5, 2000, Grande River Communications, Inc. and GTE Southwest, Inc.,
collectively referred to as applicants, filed a joint application for approval
of an 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
22508. 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 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 22508. 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 June 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
22508.
TRD-200003271
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: May 9, 2000
On May 5, 2000, Southwestern Bell Telephone Company and NPCR Inc., doing
business as Nextel Partners, collectively referred to as applicants, filed
a joint application for approval of an 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 22509. 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 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 22509. 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 June 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
22509.
TRD-200003272
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: May 9, 2000
This project will amend the Texas Universal Service Fund Rules (Public
Utility Regulatory Act §§56.021 - 56.028, Texas Utilities Code Annotated §§26.401
- 26.420 (Vernon 1998 and Supp. 2000)) (PURA). Project Number 22472, Rulemaking
to Amend Texas Universal Service Fund Rules, has been established for this
proceeding.
Interested parties are requested to file a list of issues or questions
(16 copies) with the commission's Filing Clerk, Public Utility Commission
of Texas, 1701 North Congress Avenue, P.O. Box 13326, Austin, Texas 78711-3326
no later than June 2, 2000. The list of issues should reference Project Number
22472.
Questions regarding this notice should be referred to Melene Malone, Office
of Policy Development, at (512) 936-7247. Hearing and speech-impaired individuals
with text telephones (TTY) may contact the commission at (512) 936-7136.
TRD-200003239
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: May 8, 2000
Public Hearing Notice
The Texas Department of Public Safety in accordance with Administrative
Procedure and Texas Register Act, Texas Government Code, §2001 et seq.,
and Texas Transportation Code, Chapter 521, is holding a public hearing on
Tuesday, May 30, 2000, at 10:00 a.m. in the Criminal Law Enforcement Auditorium
of the Texas Department of Public Safety, 6100 Guadalupe Street, Austin, Texas.
The purpose of the hearing is to receive comments from all interested persons
regarding adoption of amendments to Administrative Rules §15.24 and §15.30
regarding Application Requirements--Original, Renewal, Duplicate, Identification
Certificates, proposed for adoption under the authority of Texas Transportation
Code, Chapter 521. The proposed rules were published in the March 17, 2000,
issue of the
Texas Register
(25 TexReg 2300).
The hearing is in response to requests for public hearing received from
State Representative Miguel "Mike" D. Wise; the State Bar of Texas Committee
on Laws Relating to Immigration and Nationality; the National Council of La
Raza and The Texas Immigrant and Refugee Coalition.
Persons interested in attending this hearing are encouraged to submit advance
written notice of their intent to attend the hearing and to submit a written
copy of their comments. Letters should be addressed to Angela Parker, Director
of Hearings, Texas Department of Public Safety, Box 4087, Austin, Texas, 78773-0380.
Individual comments may be limited to five minutes in duration, depending
on the number of attendees.
Persons with disabilities who plan to attend this meeting and who may need
auxiliary aids or services such as interpreters for persons who are deaf or
hearing impaired, readers, large print, Braille, are requested to contact
Frank Elder at (512) 424-2768, three work days prior to the meeting so that
appropriate arrangements can be made.
TRD-200003264
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Filed: May 9, 2000
Notice of Request for Proposals
Pursuant to Chapter 2254, Subchapter B, Texas Government Code, the Texas
Real Estate Commission (Commission) announces its Request for Proposals (RFP)
from qualified independent consultants to provide the Commission with internal
auditor related consulting services by performing a risk assessment to develop
a four year audit plan using techniques to identify risk factors that affect
the Commission's major systems and controls, including but not limited to
management and administration, finance and accounting, real estate regulation,
licensing and registration, enforcement, and information services, and provide
written documentation of the assessment. The risk assessment will also include
the Commission's compliance with the Public Funds Investment Act (Government
Code, §2256.005(m)) and the legislative requirement for an internal auditor
if revenues exceed $10 million per fiscal year (Article 6252-5d, V.T.C.S,
recodified as Texas Government Code, Chapter 2102.006). The successful respondent
will be expected to begin performance of the contract on or about July 17,
2000.
Contact:
Parties interested in submitting
a proposal should contact Sandy Jones, Purchaser, at the Texas Real Estate
Commission, 1101 Camino La Costa, Room 107, Austin, Texas 78752, (512) 465-3922,
to obtain a complete copy of the RFP. The Commission will mail copies of the
RFP only to those parties specifically requesting a copy. The RFP will be
available for pick-up at the above referenced address between the hours 9:00
a.m. and 5:00 p.m. Central Zone Time (CZT) on or after May 9, 2000. The Commission
will also make the RFP available electronically on the Texas Marketplace on
Tuesday, May 9, 2000, 2:00 p.m. The web site address is
www.marketplace.state.tx.us
. All written inquiries must be received
at the above referenced address prior to 2:00 p.m., CZT on Wednesday, May
31, 2000. Questions received after this time and date will not be considered.
Prospective respondents are encouraged to fax questions to (512) 465-3908,
to ensure timely receipt.
Evaluation Criteria:
Proposals will be evaluated
under the evaluation criteria outlined in the RFP.
Closing Date:
Proposals must be received
in the Purchaser's Office no later than 3:00 p.m. CZT, on June 8, 2000. Proposals
received after this time and date will not be considered.
Evaluation and Award Procedure:
All proposals
will be subject to evaluation based on the evaluation criteria set forth in
the RFP. The Administrator will make the final decision.
The Commission reserves the right to accept or
reject any or all proposals submitted. The Commission is under no legal or
other obligation to execute a contract on the basis of this notice or the
distribution of an RFP. Neither this notice nor the RFP commits the Commission
to pay for any costs incurred prior to the execution of a contract.
Disclosure:
The consulting services sought
by the Commission relate to services previously provided by a consultant.
Anticipated Schedule of Events:
Issuance of RFP
- May 8, 2000, 3:00 p.m. CST;
Questions Due
- May 31, 2000, 2:00 p.m. CST;
Proposals Due
- June 8, 2000, 3:00 p.m. CST;
Contract Execution
- July 10, 2000;
Commencement
of Work
- July 17, 2000.
TRD-200003246
Mark A. Moseley
General Counsel
Texas Real Estate Commission
Filed: May 8, 2000
Request for Proposals
RAPID RESPONSE VENDOR LIST
A. PROPOSAL DESCRIPTION
The Texas Workforce Commission is soliciting project proposals to operate
Workforce Investment Act (WIA) Rapid Response Services on behalf of the state.
The emphasis of this Request for Proposal (RFP) is to seek new and capable
potential service providers. All former and current vendors are encouraged
to respond to this RFP. All proposals will be reviewed and evaluated and if
determined to be responsive to the requirement of the RFP, will be placed
on the State Rapid Response Vendor List. This list is a tool to expedite the
procurement of the rapid response services in the local workforce service
delivery areas.
B. AUTHORIZATION TO AWARD CONTRACT
TWC is authorized to issue this RFP and award contracts under the Labor
Code, §302.002(b), and the TWC Financial Manual for Grants and Contracts.
C. ELIGIBLE APPLICANTS
Applicants submitting proposals must complete a Request for Proposal (RFP)
Package and provide required documentation as requested in the application
in order to be considered eligible.
D. PROJECT SCHEDULE
The application submission deadline is, June 19, 2000. The anticipated
effective date of this Vendor's List is July 20, 2000.
E. SCORING CRITERIA
The evaluation criteria for this RFP and their relative weights for scoring
are: Demonstrated Effectiveness of the Contractor, 40 points; Experience of
Key Personnel, 30 points; Organizational/Management Systems, 10 points; Comprehensiveness
of Proposed Services, 20 points.
F. SELECTION AND NOTIFICATION PROCESS
Proposals will be evaluated and reviewed by TWC. If determined to be responsive
to the requirements of this RFP, applicant will be placed on the State Rapid
Response Vendor List. Applicants will be notified by TWC of their being placed
on the approved Vendors List July 20, 2000.
G. TWC'S CONTACT PERSON
For further information and to request a package for RFP # GPFP 00-08,
contact Bill Turner, Program Administrator, Texas Workforce Commission, Room
440T, 101 East 15th Street, Austin, Texas, 78778-0001, (512) 936-3203, fax
(512) 936-3420, e-mail address bill.turner@twc.state.tx.us.
TRD-200003306
J. Ferris Duhon
Assistant General Counsel
Texas Workforce Commission
Filed: May 10, 2000
The Texas Workforce Commission (TWC), Facilities, Construction and Maintenance
Department, 101 East 15th Street, Room 226T, Austin, Texas 78778-0001, issues
this request for statement of interest and qualifications (RFQ) for the purpose
of selecting a professional architectural/engineering (A/E) firm for a Heating,
Ventilation and Air Conditioning equipment replacement project at the TWC
facility at 616-618 North Santa Fe Street in El Paso, Texas.
The Texas Workforce Commission intends to remove and replace the Heating,
Ventilation and Air Conditioning equipment at the cited TWC facility. Award
of professional services prime contract to the successful vendor will require
developing the scope of the project, developing bid documents, drawings and
specifications, providing oversight and project administration. Fee will be
based on the Professional Services Procurement Act, Chapter 2254, Government
Code. The following work is being considered for the project (this list is
not exhaustive, but is intended to give a reasonable understanding of the
scope of the project):
Design plans and specifications for removal of existing heating and air
conditioning equipment (chiller, air-cooled condensers, air handlers, chilled
water piping and boiler).
Design plans and specifications for the installation of new packaged condenser
units, DX-coil air handlers with hot water heat and boiler.
Design plans and specifications for installation of a new digital energy
management system.
Design, document and monitor abatement of all asbestos containing materials
associated with the existing HVAC system.
Design emergency auxillary (portable) HVAC requirements required to maintain
building temperatures during HVAC removal and installation. Buildings to be
maintained between 72º and 76º Fahrenheit for the months of March
through November. Heating shall be maintained between 68º and 72º
Fahrenheit between the months of December and February.
The estimated budget for this project is $180,000.00 which includes construction
costs, architectural fees, contingencies, and other project related services.
The building is single story and approximately 16,000 square feet of office
space. If you are awarded this professional services contract you will be
required to develop the scope of the project, develop bid documents, drawings
and specifications, provide oversight and project administration.
If your firm is interested in being considered to serve as prime professional
services contractor for this project, you must provide information about your
company and associates who will perform professional services under this contract.
Please contact the following person to obtain an application questionnaire
(a company brochure or project proposal can be submitted to the following
address in lieu of the questionnaire):
Texas Workforce Commission
Attention: Jim McKaskle
101 East 15th Street, Room 226T
Austin, Texas 78778-0001
Selection will be based on respondent's demonstrated experience on projects
of similar size and complexity; quality of design; budgetary experience and
responsibility; the size, availability, expertise and experience of respondent's
staff; respondent's workload, to the extent it might impact on the design
schedule for this project; respondent's willingness to accept owner-required
design, contract and construction standards; and respondent's organization
and management, including type of ownership, number of years respondent has
been established, and the experience of respondent's members in working together
as a team.
The Texas Workforce Commission recognizes the benefits of aiding and stimulating
the growth of small disadvantaged and small women-owned business enterprises,
and therefore requires that your firm consider in its proposal the participation
of qualified, certified Historically Underutilized Businesses (HUBs) as subcontractors.
It is TWC's intention that qualified HUBs receive a minimum of twenty percent
(20%) of this professional services contract. If your firm is not certified
as a HUB, your response to this RFQ should include a plan for utilization
of HUBs in providing architectural/engineering services to TWC in connection
with any contractual agreement awarded you as a result of this RFQ.
The Texas Workforce Commission in no way obligates itself to enter into
any contract or agreement, and reserves the right to reject any or all proposals.
The Texas Workforce Commission reserves the right to enter into negotiations
with any and all respondents hereto. Any respondent hereto may be requested
to appear for an in-person interview.
To be considered, your response must be received at the above address on
or before 5:00 p.m, June 15, 2000. Any questions concerning this request may
be directed to Jim McKaskle at (512) 305-9693.
TRD-200003248
J. Randel (Jerry) Hill
General Counsel
Texas Workforce Commission
Filed: May 9, 2000
Comptroller of Public Accounts
Office of Consumer Credit Commissioner
Texas Department of Criminal Justice
Interagency Council on Early Childhood Intervention
Texas Education Agency
Request for Applications Concerning Public Law 103-382, Elementary and Secondary Education Act (ESEA) Title I, Part A-Capital Expenses, 2000-2001
Request for Proposals Concerning Summer Remediation Study Guides
Texas Department of Health
Notice of Intent to Revoke Radioactive Material Licenses
Notice of Request for Proposals for Human Immunodeficiency Virus Prevention Projects
Texas Health and Human Services Commission
Texas Department of Housing and Community Affairs
Texas Department of Insurance
Third Party Administrator Applications
Texas Natural Resource Conservation Commission
Notice of Municipal Solid Waste Landfill General Operating Permit Issuance
Notice of Opportunity to Comment on Default Orders of Administrative Enforcement Actions
Notice of Opportunity to Comment on Settlement Agreemments of Administrative Enforcement Actions
Notice of Opportunity to Comment on Settlement Agreements of Administrative Enforcement Actions
Notice of Public Hearing (Chapter 290)
Notice of Public Hearing (Chapter 321)
Notice of Water Rights Application
Notice of Water Quality Applications.
Public Utility Commission of Texas
Public Notice of Amendment to Interconnection Agreement
Public Notice of Intent to File Pursuant to P.U.C. Substantive Rule §26.215
Public Notice of Interconnection Agreement
Public Notice of Interconnection Agreement
Public Notice of Interconnection Agreement
Public Notice of Interconnection Agreement
Public Notice of Interconnection Agreement
Public Notice of Interconnection Agreement
Public Notice of Interconnection Agreement
Public Notice of Interconnection Agreement
Public Notice of Interconnection Agreements
Public Notice of Interconnection Agreement
Public Notice of Interconnection Agreement
Public Notice of Interconnection Agreement
Requesting List of Issues
Texas Department of Public Safety
Texas Real Estate Commission
Texas Workforce Commission
Request for Qualifications for Selection of Professional Architectural/Engineering Services