TITLE in-addition

Texas Department of Agriculture

Notice of Public Hearings

In accordance with the Texas Agriculture Code, §§76.003, 76.004 and 76.005, the Texas Department of Agriculture (the department) hereby provides notice of hearings to take public comment on proposed amendments to §§7.1, 7.21, 7.22, 7.24, 7.30 - 7.32, 7.39, 7.40, 7.52 and 7.53 , and the repeal of §7.3 of the department's Pesticide Regulations (Texas Administrative Code, Title 4, Chapter 7). The proposed amendments and repeal were published in the April 27, 2001, edition of the Texas Register (26 TexReg 3096).

The amendments are proposed to update citations and definitions and to clarify the department's existing rules. In addition, the amendments add a license category for chlorine gas and a subcategory for sodium cyanide, prohibit the converting of a license by employees of state entities, add certain correspondence activities to satisfy recertification requirements and add requirements for sponsors of such activities, address how recertification hours are counted, address how commercial and noncommercial applicators may meet recertification requirements, clarify supervision requirements for applicators and veterinarians, clarify recordkeeping requirements for dealers selling pesticides to persons residing out of state, clarify licensing requirements for livestock protection collar applicators, and sodium cyanide applicators, and update the list of counties regulating the use of herbicides and county special provisions. The amendments to §7.30 also add 3-7-Dichloro-8-quinolinecarboxylic acid to the state limited-use pesticide list and to the regulated herbicide list and provide restrictions on the use and possession of chlordane or products containing chlordane. Persons affected by the proposed amendments are persons licensed under Chapter 7 as pesticide dealers and applicators and the general public.

Hearings will be held on Tuesday, May 22, 2001, beginning at 10:00 a.m. , at the Texas Department of Agriculture offices at the following locations:

(1) 8918 Tesoro Drive, Suite 120, San Antonio, Texas. For more information contact Jock Davis, (210) 820-0288.

(2) 900-B East Expressway 83, San Juan, Texas. For more information contact Steve Bearden, (956) 787-8866.

(3) 2646 South Loop West, Suite 630, Houston, Texas. For more information contact Lacy Fryer, (713) 666-8491.

(4) 1720 Regal Row, Suite 118, Dallas, Texas. For more information contact E. W. Wesley, (214) 631-0265.

(5) 4502 Englewood Avenue, Lubbock, Texas. For more information contact Ronald Bertrand, (806) 799-8555.

To obtain copies of the proposal, please contact Donnie Dippel, Assistant Commissioner for Pesticide Programs, Texas Department of Agriculture, P.O. Box 12847, Austin, Texas, (512) 463-1093.

TRD-200102468

Dolores Alvarado Hibbs

Deputy General Counsel

Texas Department of Agriculture

Filed: May 1, 2001


Office of the Attorney General

Texas Clean Air Act Enforcement Settlement Notice

Notice is hereby given by the State of Texas of the following proposed resolution of an environmental enforcement lawsuit under Texas Water Code.

7.110. Before the State may settle a judicial enforcement action under the Texas Clean Air Act, the State shall permit the public to comment in writing on the proposed judgment. The Attorney General will consider any written comments and may withdraw or withhold consent to the proposed agreed judgment if the comments disclose facts or considerations that indicate that the consent is inappropriate, improper, inadequate, or inconsistent with the requirements of the Code.

Case Title and Court: Harris County, Texas & State of Texas v. Celanese Ltd., Cause no. 2000-14226, in the 125th Judicial District Court of Harris County, Texas

Nature of Defendant's Operations: Defendant Celanese, Ltd., operates a chemical plant located at 9502 Bayport Boulevard, and owned another facility formerly operated at 11807 Port Road, both in Harris County, Texas. The lawsuit by Plaintiffs alleges that Celanese violated the Texas Clean Air Act, Texas Health & Safety Code Annotated Chapter 382, by emitting nuisance level odors on six occasions between 1998 and 2000.

Proposed Agreed Judgment: The Agreed Final Judgment calls for Celanese to pay a civil penalty of $92,500, to be divided evenly between Harris County and the State of Texas, and attorneys fees to the State of $2,500, plus certain court costs. The Judgment also enters a Permanent Injunction which requires Celanese to hire an independent air quality consultant to conduct an odor evaluation, including feasible ways to reduce odors at the Bayport Boulevard facility, to convene an Odor Team of citizens and plant employees, and to prepare quarterly reports for Harris County and the Houston Office of the Texas Natural Resource Conservation Commission on changes made at the Bayport Boulevard facility to reduce odors, if any.

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

For information regarding this publication, please call A. G. Younger at (512) 463-2110.

TRD-200102430

Susan D. Gusky

Assistant Attorney General

Office of the Attorney General

Filed: April 27, 2001


Texas Bond Review Board

Biweekly Report of the 2001 Private Activity Bond Allocation Program

The information that follows is a report of the 2001 Private Activity Bond Allocation Program for the period of April 14, 2001 through April 27, 2001.

Total amount of state ceiling remaining unreserved for the $325,809,688 subceiling for qualified mortgage bonds under the Act as of April 27, 2001: $112,841,994.50

Total amount of state ceiling remaining unreserved for the $143,356,262 subceiling for state-voted issue bonds under the Act as of April 27, 2001: $143,356,262

Total amount of state ceiling remaining unreserved for the $97,742,906 subceiling for qualified small issue bonds under the Act as of April 27, 2001: $94,742,906

Total amount of state ceiling remaining unreserved for the $215,034,394 subceiling for residential rental project bonds under the Act as of April 27, 2001: $23,309,394

Total amount of state ceiling remaining unreserved for the $136,840,069 subceiling for student loans bonds under the Act as of April 27, 2001: $31,840,069

Total amount of state ceiling remaining unreserved for the $384,455,431 subceiling for all other issue bonds under the Act as of April 27, 2001: $23,855,431

Total amount of the $1,303,238,750 state ceiling remaining unreserved under the Act as of April 27, 2001: $429,919,056.50

Following is a comprehensive listing of applications, which have received a Certificate of Reservation pursuant to the Act from April 14, 2001 through April 27, 2001: None

Following is a comprehensive listing of applications, which have issued and delivered the bonds and received a Certificate of Allocation pursuant to the Act from April 14, 2001 through April 27, 2001:

1) Issuer: Travis County HFC

User: Eligible Borrowers

Description: Single Family Mortgage Revenue Bonds

Amount: $11,299,613.50

2) Issuer: Gulf Coast Waste Disposal Authority

User: Exxon Capital Ventures, Inc.

Description: All Other Issue--Baytown, Texas

Amount: $25,000,000

3) Issuer: Gulf Coast Waste Disposal Authority

User: Exxon Mobil Corporation

Description: All Other Issue--Baytown, Texas

Amount: $25,000,000

4) Issuer: Gulf Coast Waste Disposal Authority

User: Amoco Oil Company

Description: All Other Issue--Texas City, Texas

Amount: $25,000,000

Following is a comprehensive listing of applications, which were either withdrawn or cancelled pursuant to the Act from April 14, 2001 through April 27, 2001:

1) Issuer: City of Dallas HFC

User: Las Colinas Apts., Ltd.

Description: Multifamily Residential Rental Project--Trail Glen Apts.

Amount: $4,510,000

2) Issuer: TDHCA

User: Reed Road South Apartments

Description: Multifamily Residential Rental Project--Reed Road South Apts.

Amount: $11,250,000

Following is a comprehensive listing of applications, which released a portion or their entire reserved amount pursuant to the Act from April 14, 2001 through April 27, 2001:

Issuer: Travis County HFC

User: Eligible Borrowers

Description: Single Family Mortgage Revenue Bonds

Amount: $23,286.50

For a more comprehensive and up-to-date summary of the 2001 Private Activity Bond Allocation Program, please visit the website (www.brb.state.tx.us). If you have any questions or comments, please contact Steve Alvarez, Program Administrator, at (512) 475-4803 or via e-mail at alvarez@brb.state.tx.us.

TRD-200102451

Steve Alvarez

Program Administrator

Texas Bond Review Board

Filed: April 30, 2001


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. As required by federal law, the public is given an opportunity to comment on the consistency of proposed activities in the coastal zone undertaken or authorized by federal agencies. Pursuant to 31 TAC §§506.25, 506.32, and 506.41, the public comment period for these activities extends 30 days from the date published on the Coastal Coordination Council web site. Requests for federal consistency review were received for the following projects(s) during the period of March 23, 2001, through April 12, 2001. The public comment period for these projects will close at 5:00 p.m. on May 14, 2001.

FEDERAL AGENCY ACTIONS

Applicant: Galveston Bay Foundation; Location: The project site is located between Highway 6 and Highway 3 at Basford Lake, Galveston County, Texas. The project can be located on the U.S.G.S. quadrangle map entitled Virginia Point, Texas. Approximate UTM Coordinates: Zone 15; Easting: 308986; Northing: 3244799. CCC Project No.: 01-0121-F1; Description of Proposed Action: The applicant proposes to amend Department of the Army (DA) Permit No. 21311(01) to include approximately 9,000 linear feet of additional terraces for the creation of marsh habitat in Basford Lake. Type of Application: This application is being evaluated under Section 10 of the Rivers and Harbors Act of 1899 and Section 404 of the Clean Water Act.

Applicant: Tom W. Arnett; Location: The project site is located at 1337 8th Street, San Leon, Galveston County, Texas. The project can be located on the U.S.G.S. quadrangle map entitled Texas City, Texas. Approximate UTM Coordinates: Zone 15; Easting: 313436; Northing: 3261782. CCC Project No.: 01-0122-F1; Description of Proposed Action: The applicant proposes to amend Department of the Army (DA) Permit No. 21475 to include the removal of a 40-square-foot fish cleaning platform and the construction of a 360-square-foot boatlift in Galveston bay. Type of Application: This application is being evaluated under Section 10 of the Rivers and Harbors Act of 1899.

Applicant: Dennis Buckner; Location: The project is located at 9002 Flamingo Isle Road, adjacent to the bridge at Basford Bayou, in the Flamingo Isle Subdivision, approximately 4 miles northwest of Galveston, Galveston County, Texas. The site can be located on the U.S.G.S. quadrangle map entitled Virginia Point, Texas. Approximate UTM Coordinates: Zone 15; Easting: 307125; Northing: 3243700. CCC Project No.: 01-0124-F1; Description of Proposed Action: The applicant's current revised plans reduce the amount of proposed fill in wetlands to approximately 2,700 square feet by placing the house on pilings, relocating the barn foundation pad, and deleting the water-well pad. The project's purpose is to construct a permanent residence and cattle barn. The proposed 60-foot-long by 50-foot-wide, octagonal, pile-supported house would be constructed over an existing mound of soil near an existing bridge. The applicant proposes to bulkhead the mound of soil at the mean high tide line in order to provide a parking area and access from Flamingo Isle Road. The pile-supported house would be constructed above approximately 560 square feet of marsh and 748 square feet of open water. Type of Application: This application is being evaluated under Section 10 of the Rivers and Harbors Act of 1899.

Applicant: Port of Houston Authority; Location: The project site is located in the Houston Ship Channel, at the confluence of Greens Bayou, at the Port of Houston Authority's Bulk Materials Handling Plant, approximately 3.5 miles northeast of Pasadena, in Harris County, Texas. The site can be located on the U.S.G.S. quadrangle map entitled Pasadena, Texas. Approximate UTM Coordinates: Zone 15; Easting: 290500; Northing: 3292700. CCC Project No.: 01-0125-F1; Description of Proposed Action: The applicant proposes to amend Permit Number 12643(03) to perform mechanical dredging in addition to hydraulic dredging as was previously authorized. In addition, the applicant proposes to dispose of the dredged material at their Bulk Material Handling Facility, which is located immediately adjacent to the dredge site. Approximately 63,000 cubic yards of material would be placed at the Greens Bayou Dredge Material Placement Area. Type of Application: This application is being evaluated under Section 10 of the Rivers and Harbors Act of 1899 and Section 404 of the Clean Water Act.

Applicant: CEMEX USA; Location: The project site is located at 16530 DeZavala Road, at Corps of Engineers Station 495+00, in Buffalo Bayou, Channelview, Harris County, Texas. The site can be located on the U.S.G.S. quadrangle map entitled Highlands, Texas. Approximate UTM Coordinates: Zone 15; Easting: 300147; Northing: 3294573. CCC Project No.: 01-0126-F1; Description of Proposed Action: The applicant proposes to add the Houston Marine Services, Inc. Dredged Material Placement Area to their existing permit for placing dredged material. Pervious amendments authorized CEMEX USA to use the Alexander Island, Peggy Lake, and San Jacinto State Park Dredged Material Placement Areas. Type of Application: This application is being evaluated under Section 10 of the Rivers and Harbors Act of 1899.

Applicant: Marina Del Oro, Inc.; Location: The project site is located in Trinity Bay, northeast of Smith Point, in Chambers County, Texas. The site can be located on the U.S.G.S. quadrangle map entitled Smith Point, Texas. Approximate UTM Coordinates: Zone 15; Easting: 330400; Northing: 3271500. CCC Project No.: 01-0127-F1; Description of Proposed Action: The applicant proposes to revise and extend the time to complete activities authorized under Permit 17837(04). The current modified project reflects an updated wetland delineation of the project site. The original wetland survey identified 10 wetland areas, totaling 82.24 acres. Based on the results of a recent re-delineation, an additional 3.93 acres of wetlands were identified on the subject property. A total of 86.14 acres of wetlands will be impacted by the proposed project. Type of Application: This application is being evaluated under Section 10 of the Rivers and Harbors Act of 1899 and Section 404 of the Clean Water Act

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. Diane P. Garcia, Council Secretary, Coastal Coordination Council, 1700 North Congress Avenue, Room 617, Austin, Texas 78701-1495, or diane.garcia@glo.state.tx.us. Comments should be sent to Ms. Garcia at the above address or by fax at 512/475-0680.

TRD-200102513

Larry R. Soward

Chief Clerk, General Land Office

Coastal Coordination Council

Filed: May 2, 2001


Office of Consumer Credit Commissioner

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 Sections 303.003, 303.005, and 303.009, Tex. Fin. Code.

The weekly ceiling as prescribed by Sec. 303.003 and Sec. 303.009 for the period of 05/07/01 - 05/13/01 is 18% for Consumer 1 /Agricultural/Commercial 2 /credit thru $250,000.

The weekly ceiling as prescribed by Sec. 303.003 and Sec. 303.009 for the period of 05/07/01 - 05/13/01 is 18% for Commercial over $250,000.

The monthly ceiling as prescribed by Sec. 303.005 3 for the period of 05/01/01 - 05/31/01 is 18% for Consumer/Agricultural/Commercial/credit thru $250,000.

The monthly ceiling as prescribed by Sec. 303.005 for the period of 05/01/01 - 05/31/01 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.

3 For variable rate commercial transactions only.

TRD-200102467

Leslie L. Pettijohn

Commissioner

Office of Consumer Credit Commissioner

Filed: May 1, 2001


Texas Department of Criminal Justice

Notice of Award

The Texas Department of Criminal Justice hereby gives notice of a Contract Award for Road and Parking Improvements - Hobby Unit, Requisition Number: 696-FD-1-B016.

The Contract was awarded to A.L. Helmcamp, Inc. , as a full award for a dollar amount of $292,000.

TRD-200102436

Carl Reynolds

General Counsel

Texas Department of Criminal Justice

Filed: April 30, 2001


Notice to Bidders

The Texas Youth Commission invites bids for the construction of a new Academic Building and the renovation of two existing buildings into new Student Dormitory Buildings at the Corsicana Residential Treatment Center in Corsicana, Texas. The work includes mechanical, electrical, and plumbing disciplines as further shown in the Contract Documents prepared by :HLM Design, Inc.

The successful bidder will be required to meet the following requirements and submit evidence within five days after receiving notice of intent to award from the Owner:

A. Contractor must have a minimum of five consecutive years of experience as a General Contractor and provide references for at least three projects within the last five years that have been completed of a dollar value and complexity equal to or greater than the proposed project.

B. Contractor must be bondable and insurable at the levels required.

All Bids must be accompanied by a Bid Guarantee in the amount of 5.0% of greatest amount bid. Bid Guarantee may be in the form of a Bid Bond or Certified Check. Performance and Payment Bonds in the amount of 100% of the contract amount will be required upon award of a contract. The Owner reserves the right to reject any or all bids, and to waive any informality or irregularity.

Bid Documents can be purchased from the Architect/Engineer at a cost of $ 95.00 (non-refundable) per set, inclusive of mailing/delivery costs, or they may be viewed at various plan rooms. Payment checks for documents should be made payable to the Architect/Engineer : HLM Design, Inc., 2711 North Haskell Avenue, Suite 2200, LB 37, Dallas, Texas 75204-2910, Contact: Paul Woodard / Kelly Giddens; Phone: 214-824-3800, FAX: 214-824-0707.

A Pre-Bid conference will be held at 10:00 AM on May 23, 2001 at the Corsicana Residential Treatment Center, 2nd Avenue, Corsicana, Texas, followed by a site-visit. ATTENDANCE IS MANDATORY.

Bids will be publicly opened and read at 2:00 PM on June 12, 2001, in Room 1030 (Conference Room)at the Purchasing & Leases Department located at Two Financial Plaza, Ste 525, Huntsville, Texas. The Texas Youth Commission requires the Contractor to make a good faith effort to include Historically Underutilized Businesses (HUB's) in at least 57.2% of the total value of this construction contract award. Attention is called to the fact that not less than the minimum wage rates prescribed in the Special Conditions must be paid on these projects.

TRD-200102435

Carl Reynolds

General Counsel

Texas Department of Criminal Justice

Filed: April 30, 2001


Texas Commission for the Deaf and Hard of Hearing

Request for Proposals

The Texas Commission for the Deaf and Hard of Hearing announces a Request for Proposals (RFP) for services to eliminate communication barriers and to facilitate communication access for individuals who are deaf or hard of hearing. Funding is available by category to provide the following services to the target populations: (1) Communication access services for the provision of both interpreter services (sign language, oral) and Communication Access Realtime Translation (CART) services; (2) Direct services to senior citizens to bridge communication barriers and reduce the isolation faced by persons ages 60 or older; (3) Early intervention and prevention services which involves awareness, prevention and detection of hearing loss; (4) Provide training and learning experiences through mentoring interpreter interns to enable them to upgrade their level of skill; (5) Regional Specialist services to facilitate and coordinate the provision of accessible state and local services to persons of all ages; (6) Hard of Hearing services to expand or improve the quality of life of persons who are hard of hearing, late-deafened or oral deaf; and (7) Training and outreach services to demonstrate equipment for the Specialized Telecommunications Assistance Program .

Note to Applicants: The estimated funding levels in the RFP does not bind TCDHH to make awards in any of these categories, or to any specific number of awards or funding levels.

Contact: Parties interested in submitting a proposal for any of the funding categories should contact the Texas Commission for the Deaf and Hard of Hearing, P.O. Box 12904, Austin, Texas 78711, 512-407-3250 (Voice) or 512-407-3251 (TTY), to obtain a complete copy of the RFP for any category. The RFPs are also available for pick-up at 4800 North Lamar, Suite 310, Austin, Texas 78756 on and after Friday, May 11, 2001, during normal business hours. The RFPs are not available through fax. The RFPs will also be available on the agency website at www.tcdhh.state.tx.us.

Closing Date: Proposals must be received in the Texas Commission for the Deaf and Hard of Hearing Office, 4800 North Lamar, Suite 310, Austin, Texas 78756 no later than 5 p.m. (CDT), on Friday, June 22, 2001. Proposals received after this time and date will not be considered.

Award Procedure: All proposals will be subject to evaluation by a review team using a scoring method based on the evaluation criteria set forth in the RFP. The review team will determine which proposals best meet the established criteria and will make selection recommendations for each category to the Executive Director, who will then make recommendations to the Commission. The Commission will make the final decision prior to final selection. Any applicant may be asked to clarify any information in their proposal and which may involve either written or oral presentations of requested information.

The Commission reserves the right to accept or reject any or all proposals submitted. The Texas Commission for the Deaf and Hard of Hearing is under no legal or other obligation to execute a contract on the basis of this notice or the distribution of a RFP. Neither this notice nor the RFP commits the Commission to pay for any costs incurred prior to the execution of a contract. The anticipated schedule of events is as follows:

Issuance of RFP - May 11, 2001;

Proposals Due - June 22, 2001, 5 p.m. (CDT);

Estimated Project Period (months) - 12 w/ an additional 12 month option; and

Contract Execution - September 1, 2001.

1) Communication Access Services-Estimated number of awards-11; Maximum Program Amount $155,000-NOTE: Maximum award amount varies depending on population of a region

2) Senior Citizens Services-Estimated number of awards-11; Maximum award amount per 12 month period-$12,000

3) Early Intervention Services-Estimated number of awards-3; Maximum award amount per 12 month period-$10,000

4) Mentor Services-Estimated number of awards-3; Maximum award amount per 12 month period-$10,000

5) Regional Specialist Services-Estimated number of awards-11; Maximum award amount per 12 month period-$45,000

6) Hard of Hearing Services-Estimated number of awards-6; Maximum award amount per 12 month period-$12,000

7) Training and Outreach Services-Estimated number of awards-11; Maximum award amount per 12 month period-$12,000

TRD-200102511

David W. Myers

Executive Director

Texas Commission for the Deaf and Hard of Hearing

Filed: May 2, 2001


Texas Education Agency

Request for Proposals Concerning Special Education Hearing Officers

Eligible Proposers. The Texas Education Agency (TEA) is requesting proposals under Request for Proposals (RFP) # 701-01-020 from individuals to provide services as independent hearing officers for administrative hearings brought under the Individuals with Disabilities Education Act (IDEA).

Description. As hearing officers, the selected proposers will preside over administrative hearings concerning the identification, evaluation, or educational placement of students with disabilities or the provision of free and appropriate education to students with disabilities. The hearing officers have authority to administer oaths, call and examine witnesses, make rulings on discovery and dispositive motions, determine admissibility of evidence and amendments to pleadings, maintain decorum, schedule and recess proceedings, and issue final decisions appealable to state or federal district courts.

Dates of Project. All services and activities related to this proposal will be conducted within specified dates. Proposers should plan for a starting date of no earlier than September 1, 2001, and an ending date of no later than August 31, 2002. The resultant contract is subject to renewal for one additional year subject to TEA's determination.

Project Amount. The selected proposers will be compensated at the hourly rate of $125 and reimbursed for expenses at state rates. Any contracts resulting from this RFP are funded 100% from IDEA-B federal funds.

Selection Criteria. Proposals will be selected based on the ability of each proposer to carry out all requirements contained in this RFP. The TEA will base its selection on, among other things, demonstrated competence and qualifications of the proposer. The selected proposers must be attorneys who: (1) are licensed in Texas; (2) are in good standing with the State Bar of Texas; (3) have at least five years of practice; (4) have at least two years of experience in special education law, disability law, administrative law, or civil rights law; (5) possess good research skills; and (6) demonstrate clarity of written expression.

The selected proposers must be independent in that they: (1) cannot be employees of a public agency that is involved in the education or care of students; (2) cannot have any professional or personal interests that would conflict with their objectivity in the hearing; and (3) cannot represent or receive any remuneration from any individual or entity relating to or in connection with any matter relating to or involving TEA, any local education agency or any other public agency responsible for providing education to children with disabilities.

Special consideration will be given to proposers who have served as administrative hearing officers or who have been actively involved in contested administrative cases. Historically underutilized businesses (HUBs) are encouraged to submit proposals.

The TEA reserves the right to select from the highest ranking proposals those that address all requirements contained in this RFP. 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 # 701-01-020 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.tea.state.tx.us. Please refer to the RFP number in your request. Provide your name, complete mailing address, and telephone number including area code.

Further Information. For clarifying information about this RFP, contact Sandy Lowe, Office of Legal Services, TEA, (512) 463-9720.

Deadline for Receipt of Proposals. Proposals must be received in the Document Control Center of the TEA by 5:00 p.m. (Central Time), Thursday June 21, 2001, to be considered.

TRD-200102507

Criss Cloudt

Associate Commissioner, Accountability Reporting and Research

Texas Education Agency

Filed: May 2, 2001


Finance Commission of Texas

Notice of Award of Major Consulting Service Contract

Pursuant to Government Code, §2254.030, the Finance Commission of Texas (commission) files this notice of a contract award to the University of Texas at El Paso Institute for Policy and Economic Development (consultant), Benedict Hall, Room 103, El Paso, Texas 79968-0703. Notice of a request for proposals to perform a comprehensive survey and analysis of consumer lending in Texas was published in the March 16, 2001, issue of the Texas Register (25 TexReg 1897). As a technical matter, the provisions of Government Code, Chapter 2254, no longer apply to the contract because the consultant is a state governmental entity, see Government Code, §2254.021(3) and (6).

The consultant will conduct a study on the availability, quality, and prices of small business lending in Texas. The study constitutes the fourth in a continuing series of annual studies mandated by Finance Code, §11.305, relating to (1) the availability, quality, and prices of financial services, including lending and depository services, offered in this state to agricultural businesses, small businesses, and individual consumers in this state, and (2) the practices of business entities in this state that provide financial services to agricultural businesses, small businesses, and individual consumers in this state.

The total value of the contract, denominated as Contract No. 449-1-001, is $91,263. The contract begins on April 27, 2001, and ends on the earlier of the date the completed study is delivered to and accepted by the commission, or August 31, 2003.

The consultant is required to present to the commission (1) a draft written report of the results of the study on or before October 9, 2001, (2) a written analysis of and response to comments received from interested parties on or before November 15, 2001, and (3) the final report on or before November 30, 2001.

TRD-200102426

Everette D. Jobe

Certifying Official

Finance Commission of Texas

Filed: April 27, 2001


Texas Department of Health

Notice of Preliminary Report for Assessment of Administrative Penalties and Notice of Violation on Staveley Services North America, Inc., dba Conam Inspection

Notice is hereby given that the Bureau of Radiation Control (bureau), Texas Department of Health (department), issued a notice of violation and proposal to assess an administrative penalty to Staveley Services North America, Inc., doing business as Conam Inspection, (licensee-L05010) of Houston. A total penalty of $15,000 is proposed to be assessed to the licensee for alleged violations of 25 Texas Administrative Code, §§289.201 and 289.202.

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-200102452

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: April 30, 2001


Notice of Request for Proposals for Independent Contractors to Conduct National Highway Traffic Safety Administration Child Passenger Safety Workshops

INTRODUCTION

The Texas Department of Health (department) Traffic Safety program (TSP), Safe Riders, announces the availability of fiscal year 2002 Texas Department of Transportation (TxDOT) funding to provide for instruction in National Highway Traffic Safety Administration (NHTSA) four day child passenger safety training programs. The project period is October 1, 2001, through August 31, 2002. Proposals will be reviewed and awarded on a competitive basis.

Approximately $62,000 is expected to fund 20 individuals. Specific dollar amounts to be awarded to each applicant will depend upon the number of workshops which that applicant and Safe Riders agree for that applicant to perform. Continued funding in future years will be based upon availability of funds.

ELIGIBLE APPLICANTS

Eligible applicants are individuals with a minimum of one year of experience as a Certified American Automobile Association (AAA) National Highway Traffic Safety Administration (NHTSA) standardized child passenger safety technician instructor. Applicants shall: have experience working as an AAA instructor; be United States citizens; and have a current AAA child passenger safety instructor certification, including instructor number and documentation of highest level of education (general equivalency diploma, high school, associate, baccalaureate, or master's degree). Individuals shall submit a current resume with the application. Individuals who are current or former employees of the department or the TxDOT are not eligible.

SUBMISSION REQUIREMENTS

The original application and three copies shall be submitted to the Traffic Safety Program, Safe Riders, Texas Department of Health, 1100 West 49th Street, Austin, Texas 78756 no later than 5:00 p.m., Central Daylight Saving Time, on June 11, 2001.

REVIEW AND AWARD CRITERIA

Applications will be screened by the Request For Proposals (RFP) Evaluation Committee of the TSP. Any applications that are incomplete or received after the deadline will not be considered. Eligible and complete applications will be reviewed and scored by the evaluators according to the guidelines detailed in the RFP.

FOR INFORMATION

The RFP will be available from the TSP on May 25, 2001. To obtain a copy you may contact Susan Warren, Texas Department of Health, 1100 West 49th Street, Austin, Texas 78756, telephone 1-800-252-8255, or you may download the RFP from the Texas Marketplace at http://www.marketplace.state.tx.us. Questions regarding the RFP should also be addressed to Ms. Warren.

TRD-200102502

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: May 2, 2001


Notice of Request for Proposals for Oral Rabies Vaccine Delivery for the Zoonosis Control Division.

The Texas Department of Health (department), Division of Zoonosis Control, announces a Request For Proposals (RFP) for the delivery of oral rabies vaccine. The RFP will be released on or about May 18, 2001.

Brief Description of Services :

The department announces the expected availability of fiscal year 2002 state funds to provide for the lease of a minimum of three fixed-wing, twin engine aircraft, to bait approximately 45,000 square miles (could be more or less with an estimated maximum of 60,000 square miles or no less than 20,000 square miles) in South, Central and West Texas with rabies vaccine/bait units.

Eligible Applicants :

Eligible applicants include any applicant capable of meeting the performance requirements contained in the RFP. If applicant is currently debarred, suspended, or otherwise excluded or ineligible for participation in federal or state assistance programs, applicant is ineligible to apply for funds under this RFP.

Limitations :

Approximately $500,000 is expected to be available to fund one project with a two month budget. The specific dollar amount to be awarded to applicant will depend upon the merit and scope of the proposed project.

Continued funding in future years will be based upon the availability of funds and documented progress of the project during the prior budget period. Funding may vary and is subject to change for each budget period.

The department reserves the right to reject any and all offers received in response to this RFP and to cancel this RFP if it is deemed in the best interest of the department.

Deadline for Proposals, Term of Contract and Amount of Award :

Proposals will be due July 18, 2001, at 3:00 p.m., Central Daylight Saving Time. The effective date of the contract awarded under this RFP will be January 7, 2002, through February 28, 2002, with options to renew annually for an additional three year period.

Contact Person :

Potential offerers may obtain a copy of the RFP on or about May 18, 2001. It is preferred that requests for the RFP be submitted to: Pamela Ferguson, Texas Department of Health, Room G-308, 1100 West 49th Street, Austin, Texas; Fax (512) 458-7787; or E-Mail: pam.ferguson@tdh.state.tx.us.

TRD-200102465

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: May 1, 2001


Texas Department of Housing and Community Affairs

Housing Trust Fund Capacity Building Program Notice of Request for Proposals

The Texas Department of Housing and Community Affairs' (TDHCA) Housing Trust Fund is accepting proposals for the provision of technical assistance to nonprofit and Community Housing Development Organizations in the state of Texas. A total of $562,000 is available through this RFP with a maximum award of $50,000 per organization. Funding will be provided to assist these organizations in hiring qualified persons who can provide technical assistance in developing safe, decent and sanitary housing for low, very low, and extremely low income individuals and families, including persons with special needs. Funds may also be used to contract directly with qualified technical assistance providers with experience and training in the areas prescribed by this RFP. Proposals will be considered on a statewide basis.

Respondents will provide a business plan that includes, but is not limited to, a detail of the type of staff needed for improving the organization's housing development capacity, or the type of training to be provided through the use of a qualified technical assistance consultant. The business plan will also include a detailed breakdown of all costs associated with the activity. Contracts funded under this Request for Proposals will be limited to one year. Funding is available for the following areas of technical assistance:

Architectural Barrier Removal/Universal Design;

Comprehensive Capacity Building (including Planning, Resource Development, Internal Operations and Governance, Program Delivery, and Networking);

Construction Management

Energy Efficiency and Alternative Building Methods;

Property Management;

Real Estate/Project Development; and

Affordable Housing programs that utilize at-risk youth.

Proposals must be received at TDHCA by 5:00 p.m. on June 12, 2001.

Faxed application submissions will not be accepted.

The Housing Trust Fund plans to select a diverse group of proposals that will serve non-profit housing development organizations throughout the state. Proposals will be selected based on criteria outlined in the proposal package.

Awards will be made as grants. TDHCA's Board of Directors reserves the right to change the award amount, or to award less than the requested amount.

All interested parties with a workable plan are encouraged to participate in this program. For additional information or to request a proposal package, please call the Housing Trust Fund office at (512) 475-1458, or on the Department's web site at http://www.tdhca.state.tx.us/htf.htm. . Please direct your proposal to:

Texas Department of Housing and Community Affairs

Housing Trust Fund - Attn: Stacy Higgins

Post Office Box 13941

Austin, Texas 78711-3941

Or by courier to:

507 Sabine, Suite 400

Austin, Texas 78701

TRD-200102489

Daisy A. Stiner

Executive Director

Texas Department of Housing and Community Affairs

Filed: May 1, 2001


Multifamily Housing Revenue Bonds (Bluffview Villas Apartments) Series 2001

CANCELLATION OF PUBLIC HEARING

Notice is hereby given of the cancellation of a public hearing which was to be held by Texas Department of Housing and Community Affairs on Monday , May 14, 2001 at the Denton City Hall West, 221 North Elm Street, Denton, Texas 76201 at 6:00 p.m. with respect to an issue of tax-exempt multifamily residential rental project revenue bonds for Bluffview Villas Apartments.

Should you have any questions, please contact Robert Onion at the Texas Department of Housing and Community Affairs, 507 Sabine, Austin, Texas 78701; (512) 475-3872 and/or ronion@tdhca.state.tx.us.

TRD-200102512

Daisy A. Stiner

Executive Director

Texas Department of Housing and Community Affairs

Filed: May 2, 2001


Notice of Administrative Hearing

Manufactured Housing Division

Wednesday, May 23, 2001, 9:00 a.m.

State Office of Administrative Hearing, Stephen F. Austin Building, 1700 N Congress, 11th Floor, Suite 1100

Austin, Texas

AGENDA

Administrative Hearing before an administrative law judge of the State Office of Administrative Hearings in the matter of the complaint of the Texas Department of Housing and Community Affairs vs. Tommy Edward Harlan dba Tommy's Mobile Home Supply to hear alleged violations of Sections 4(f) (amended 1999) (current version at Section 4(d) of the Act) and 7(d) of the Act and Sections 80.51 (amended 1998) (current version at Section 80.54(a) of the Rules) and 80.125(e) (amended 1998) (current version at Section 80.123(e) of the Rules) of the Rules regarding installation of a manufactured home without obtaining, maintaining or possessing a valid installer's license and not properly installing the manufactured home. SOAH 332-01-2620. Department MHD1998001787UI.

Contact: Jerry Schroeder, P.O. Box 12489, Austin, Texas 78711-2489, (512) 475-3589.

TRD-200102509

Daisy A. Stiner

Executive Director

Texas Department of Housing and Community Affairs

Filed: May 2, 2001


Notice of Administrative Hearing

Manufactured Housing Division

Wednesday, May 16, 2001, 1:00 p.m.

State Office of Administrative Hearing, Stephen F. Austin Building, 1700 N Congress, 11th Floor, Suite 1100

Austin, Texas

AGENDA

Administrative Hearing before an administrative law judge of the State Office of Administrative Hearings in the matter of the complaint of the Texas Department of Housing and Community Affairs vs. Bill M. Hallam Jr. dba Jasper Home Insulators aka J.H.I. to hear alleged violations of Sections 4(f) (amended 1999) (current version at Section 4(d) of the Act) and 7(d) of the Act and Sections 80.51 (amended 1998) (current version at Section 80.54(a) of the Rules) and 80.125(e) (amended 1998) (current version at Section 80.123(e) of the Rules) of the Rules regarding installation of a manufactured home without obtaining, maintaining or possessing a valid installer's license and not properly installing the manufactured home. SOAH 332-01-2622. Department MHD2000000287UI.

Contact: Jerry Schroeder, P.O. Box 12489, Austin, Texas 78711-2489, (512) 475-3589.

TRD-200102510

Daisy A. Stiner

Executive Director

Texas Department of Housing and Community Affairs

Filed: May 2, 2001


Notice of Public Hearing

The Texas Department of Housing and Community Affairs (TDHCA) announces that a public hearing will be held to receive comments on its draft System Benefit Fund Plan 2002-2003.

The public hearing will be held at 10:00 a.m. on Friday, May 18, 2001 in Room 118 of the Stephen F. Austin Building, 1700 North Congress Avenue, Austin, Texas. At the hearing, a representative from TDHCA will provide descriptions of the TDHCA System Benefit Fund Plan and the proposed use of the funds for 2002-2003.

The System Benefit Fund (SBF) was established as part of Senate Bill 7, which restructured the electrical industry. The purpose of the SBF is to provide special assistance to low-income residential electric customers in paying their energy bills by providing a discount (approximately 10% discount) and reducing their energy consumption through weatherization; to offset lost revenue for school districts from the devaluation of electric generating plants; and to educate the public on "customer choice" in the restructuring of electric utilities. Measures established in the bill to assist low-income residential consumers include energy efficiency programs to be administered by the Texas Department of Housing and Community Affairs in coordination with existing weatherization programs. The targeted energy efficiency programs would serve low-income electric customers not served by municipally owned utilities or electrical cooperatives that have not adopted customer choice. The SBF is to be funded through a non-bypassable fee and will be administered by the Public Utility Commission (PUC).

The Public Utility Commission released rules for SBF energy efficiency programs to allow broad latitude for program structure as long as the goal of increasing the low income consumer's energy efficiency is achieved. The SBF Plan will provide information regarding the proposed activities of the program implementation for the year 2002 and 2003. For 2002-2003, the Department contemplates administering the SBF energy efficiency programs through the Weatherization Assistance Program (WAP) subgrantees, which would coordinate the programs with WAP in a manner similar to existing Investor-Owned Utility (IOU) funded Demand-Side Management service contracts. Unlike existing IOU contracts, the SBF program would allow for demonstration programs to explore other strategies to achieve program goals.

Local officials and citizens are encouraged to participate in the hearing process. Written and oral comments received will be used to finalize the TDHCA System Benefit Fund Plan 2002-2003. Written comments from those who cannot attend the hearing in person may be provided by the close of business at 5:00 p.m. on Friday, May 18, 2001, to Ms. Lolly Caballero, Senior Planner, Energy Assistance Section, Texas Department of Housing and Community Affairs, 507 Sabine, Suite 600, Austin, Texas 78701 or by electronic mail to lcaballe@tdhca.state.tx.us or by fax to (512) 475-3935. A copy of the proposed state plan may be requested by calling Ms. Caballero at (512) 475-0471 or by writing Ms. Caballero at the TDHCA address given above. The proposed draft plan will be available May 11, 2001.

Individuals who require auxiliary aids or services for this meeting should contact Ms. 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.

TRD-200102516

Daisy Stiner

Executive Director

Texas Department of Housing and Community Affairs

Filed: May 2, 2001


Texas Department of Insurance

Notice

The Commissioner of Insurance, or his designee, will consider approval of a rate filing request submitted by General Accident Insurance Company proposing to use rates for private passenger automobile insurance that are outside the upper or lower limits of the flexibility band promulgated by the Commissioner of Insurance, pursuant to TEX. INS. CODE ANN. art 5.101 §3(g). The Company is requesting the following flex percent of +45 for all coverages by territory and classification. This overall rate change is 11.8%.

Copies of the filing may be obtained by contacting George Russell, at the Texas Department of Insurance, Automobile/Homeowners Division, P.O. Box 149104, Austin, Texas 78714-9104, telephone (512) 305-7468.

This filing is subject to Department approval without a hearing unless a properly filed objection, pursuant to art. 5.101 §3(h), is made with the Chief Actuary for P&C, Mr. Phil Presley, at the Texas Department of Insurance, MC 105-5F, P.O. Box 149104, Austin, Texas 78701, by May 16, 2001.

TRD-200102444

Judy Woolley

Deputy Chief Clerk

Texas Department of Insurance

Filed: April 30, 2001


Third Party Administrator Application

The following third party administrator (TPA) application has been filed with the Texas Department of Insurance and is under consideration.

Application for incorporation in Texas of TexScripts, L.P., a domestic third party administrator. The home office is Fort Worth, Texas.

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

TRD-200102453

Judy Woolley

Deputy Chief Clerk

Texas Department of Insurance

Filed: April 30, 2001


Texas Commission on Law Enforcement Officer Standards and Education

Induction of Fallen Officers into the Texas Peace Officers' Memorial

The Texas Commission on Law Enforcement Officer Standards and Education (Commission), through its Executive Director Dr. D.C. Jim Dozier, has determined that the below list of deceased Texas peace officers killed in the line of duty are eligible for inclusion on the Texas Peace Officers' Memorial and are hereby inducted on April 20, 2001. The memorial, a monument of honor and remembrance to Texas peace officers and correctional officers who have died in the line of duty, was authorized by the Texas Legislature in 1989. The Commission has been charged with the responsibility of ensuring that each of those officers is recognized appropriately for their service and ultimate sacrifice. The Commission considers information concerning the death of Texas peace officers who die in the line of duty, conforming to the eligibility criteria rules, sections 229.1 through 229.7. Information is accepted by the Executive Director from any source and a pending file is created. Each case is researched and verified, and recommendations are made by the Executive Director at regularly scheduled meetings of the Commission. Law enforcement agencies and families of the officers are asked to help document the life and career of each officer, as well as the fatal incident. Actions taken by the Commission are printed in the Texas Register , the officers' agencies are notified, and family members are contacted. Inducted on April 20, 2001, are the following officers by agency, name and date of death.

Abilene Police Department -- James Edgar Jones-12/14/1930, Billy Arthur Rose-10/10/1952, James Jenkins Spann-06/17/1954

Archer County Sheriff's Office -- Elijah Harrison Ikard-09/22/1925

Atascosa County Constable Pct. 3 -- George T. Hindes-06/13/1965

Atascosa County Sheriff's Office -- Luis L. Garza-07/19/1973, Thomas Orville Monse, Jr.-10/12/1999, Mark Louis Stephenson-10/12/1999

Austin Park Police Department -- William D. Jones, Sr.-05/28/2000

Beaumont Police Department -- Patrick Bruce Hunt-09/08/1977, Danny Dean Richmond-03/12/1980

Bell County Constable Pct.1 -- James W. Mitchell-07/22/1910

Bell County Sheriff's Office -- William Jerald "Jerry" Zak-07/19/1998

Belton Police Department -- Albertus Sweet-12/09/1881

Big Spring Police Department -- Elijah J. "Eli" Cass-11/06/1940

Blossom City Marshal's Office -- Ben J. Hill-10/19/1902

Brooks County Sheriff's Office -- Ramiro Perez, Jr.-07/29/1995

Brookside Village Police Department -- Peter V. McDonald-03/01/1985

Brown County Sheriff's Office -- Charles M. Webb-05/26/1874

Brownwood Police Department -- William C. "Jack" Fuston-02/03/1939

Bryan Police Department -- Mark D. Hiatt-12/02/2000

Cedar Hill Police Department -- Grady Morris Lamb-04/11/1990

Cisco Police Department -- George E. "Bit" Bedford-12/23/1927, George W. Carmichael-01/07/1928

City of Moulton (prior to incorporation) -- Charles Oscar Riske-03/02/1935

Cockrell Hill Police Department -- Tiffany Catherine Hickey-05/30/1999

Coleman County Sheriff's Office -- Joe Henry Griffith-02/17/1924, Richard Dick Pauley-5/16/1925

Colorado County Constable Pct. 4 -- A. Mose Townsend-01/18/1894, Thomas Lewis Townsend-06/26/1893, Lee Wall-06/10/1898

Culberson County Sheriff's Office -- John Henry Feeley-02/09/1914

Dallas County Constable Pct. 1 -- Joe Mac Cox-09/25/1978

Dallas County Constable's Office -- James Leon Broome-12/15/1929

Dallas County Sheriff's Office -- Kassie Mae Chandler-12/15/1948, Cecil Vincent Chapman-09/09/1934, James Willis Fuller-06/13/1932, James McMahan-01/16/1871

Dallas Police Department -- Harold Franklin Baird, Jr.-08/19/2000, Donald Frederick Flusche, Jr.-03/17/2001

Decatur Police Department -- James Leroy Bennett-04/03/1980

Denton County Sheriff's Department -- Robert Bruce Parsons-08/06/1925

Dickens County Sheriff's Office -- William B. Arthur-10/27/1934

Dimmit County Sheriff's Office -- Candelario Ortiz-09/12/1913

Duval County Constable Pct. 1 -- Pedro R. Sendejo-08/04/1961

Duval County Sheriff's Office -- Antonio Anguiano-05/18/1912, Frank Rossi-07/21/1935

Eagle Lake City Marshal's Office -- William R. Kinard-06/04/1903

Eagle Lake Police Department -- Albert Louis Schmidt-10/02/1953, Tobin Craig Thomas-06/18/1998

Eastland County Sheriff's Office -- Thomas Alexander Jones-11/20/1929

El Paso County Sheriff's Office -- John Cramer-04/26/1940, W. H. Garlick-06/23/1913, Lonnie Pat Slape-03/10/1968, Shafter Wheeler-11/05/1933, V. O. "Bill" White-08/28/1934

El Paso Police Department -- David B. Bannister-06/03/1974, Sidney J. Benson-06/28/1917, Frank Burns-04/12/1923, Wayne V. Carreon-06/10/1981, John Jack Coleman-07/14/1924, Roger Alan Hamilton-06/21/1970, Arthur Lavender, Jr.-12/16/1966, Rafael Ralph Marmolejo, Jr.-03/17/1951, Lynn R. McClintock-10/02/1926, Warren Mark Mitchell-05/16/1953, Norman Michael Montion-10/16/1989, Guy Ray Myers, Jr.-07/24/1970, Octaviano Perea-02/02/1918, Harry Phoenix-06/13/1921, Guillermo L. "Willie" Sanchez-12/14/1957

Ellis County Constable Pct. 2 -- James Benjamin Wicker-10/10/1962

Ellis County Sheriff's Office -- Jesse Claude White-01/09/1944

Elsa Police Department -- Jesus Rosalez, Jr.-10/30/1982

Fannin County Sheriff's Office -- Joseph R. Buchanan-05/12/1885, Thomas A. Ragsdale-05/11/1885

Fisher County Sheriff's Office -- Jake C. Owens-08/27/1927, Robert J. Smith-08/27/1927

Fort Worth Police Department -- William A. Campbell-08/12/1909, Peter Howard-08/16/1915, Jesse Don Moorman-03/31/1994, John D. Nichols-12/22/1906

Freestone County Sheriff's Office -- James Bonner Rogers-04/13/1872

Galena Park Police Department -- Gordon A. Jensen-07/16/1980

Galveston Police Department -- John J. Burke-01/11/1914

Garland Police Department -- Ronnie Ray Lerma-09/21/1998

Georgetown Police Department -- Wayne Magill-03/28/1945

Goliad County Sheriff's Office -- Leonard Burton Turner-01/24/1999

Gonzales County Sheriff's Office -- David Furrh-12/06/2000

Greenville Police Department -- John L. Southall-10/06/1912

Gregg County Sheriff's Office -- Vance Howard Clements-02/01/2001

Hamilton County Sheriff's Office -- Audie Lee Gibson-12/16/1932, Thomas J. Deaton-12/08/1893

Harris County Constable Pct. 1 -- Micheal Ray Eakin-09/29/1998

Harris County Constable Pct. 5 -- Jerry Ralph Foster-10/22/1993

Harris County Constable Pct. 6 -- Albert Charles Wilkins-01/06/1978

Harris County Constable Pct. 7 -- William Clinton Harless-04/15/1915

Harris County Constable's Office -- James L. Grayson-04/12/1915, James A. Reed-09/06/1905

Harris County Sheriff's Office -- Harvey Mitchell Davis-05/21/1996, Keith Alan Fricke-06/04/1997, Oscar Clarence Hill, IV-07/22/2000, Barrett Hill-12/04/2000, John Charles Risley-10/23/2000, Jeffery Scott Sanford-09/14/1991, Rebecca Shaw-02/13/1998, Joseph A. Trapolino- 05/23/1936, Joe Mason Westbrook-07/01/1979, Edd Williams-01/12/1974, Ricky Aaron Yates-01/25/1994

Harrison County Constable Pct. 3 -- John D. Cunningham-11/28/1916

Houston Airport Police Department -- William Moss-09/12/1983

Houston Police Department -- Troy Alan Blando-05/19/1999, Guy P. Gaddis-01/31/1994, David M. Healy-11/12/1994, Kent Dean Kincaid-05/23/1998, William E. Murphy-04/01/1910, Michael P. Roman-01/06/1994, Richard Snow-03/17/1882, Cuong Huy "Tony" Trinh-04/06/1997, James T. Walker-03/08/1963, William F. "Bill" Weiss-07/30/1901

Hunt County Sheriff's Office -- Richard Emmett Shipp-10/06/1912

Huntsville Police Department -- Kevin J. Williams-03/10/1985

Irving Police Department -- Aubrey W. Hawkins-12/24/2000, Michael Ray Kneblic-06/02/1984

Jack County Sheriff's Office -- H. M. Hoskins-06/09/1891

Jackson County Sheriff's Office -- Frank W. Brugh-09/13/1903, George F. Wharton-09/13/1903, Hugh L. White-01/13/1941

Jacksonville Police Department -- Roscoe Lee-06/30/1979

Jasper County Constable Pct. 5 -- Roy V. Richardson Sr.-01/17/1996

Jeff Davis County Sheriff's Office -- Franklin Lee Sproul-02/24/1933

Karnes County Sheriff's Office -- Virgil Fred Wiatrek-02/07/1970

Kendall County Sheriff's Office -- Larry Sherwood Kolb-10/02/1999

Kermit Police Department -- Alvin Minor Rogers-12/28/1962

Kingsville Police Department -- Felix Luna Salinas-05/29/1981

Lamar County Constable Pct. 1 -- William Robert Draper-02/05/1909

Lamar County Sheriff's Office -James H. Black-11/16/1884, Henry Clay Davis-12/27/1885, George R. Robertson-09/10/1940

Lamb County Sheriff's Office -- Robert M. "Bobby" Hankins-05/28/1998

Lampasas County Constable Pct. 3 -- John J. Connell-04/08/1915

LaSalle County Sheriff's Office -- Charles Brown McKinney-12/26/1886, Roy Alonzo Sturges-04/27/1973

Lavaca County Sheriff's Office -- Vernon Reaves-01/17/1949

Liberty County Sheriff's Office -- Wilburn Junior Agy-04/05/1995

Limestone County Sheriff's Office -- Harry James Dunlap-05/15/1955

Lott City Marshal's Office -- Elias J. Daffin-07/12/1925

Lubbock County Sheriff's Office -- Rudy M. Gonzales-02/25/1996

Lynn County Sheriff's Office -- Con Burns-06/08/1944

Marion County Sheriff's Office -- Jerry Alexander "Alex" Brown-03/10/1937

Mart Police Department -- Raymond Scott Harvick-04/14/1998

Mathis Police Department -- Ricardo V. DeAlejandro-10/28/1982

McKinney Police Department -- Marion E. Taylor-03/02/1938

Mexia Police Department -- Larry Clark Jacobs-08/03/1999

Midland Police Department -- Bryan Eugene Scoggins-04/14/1961, Gordon Smith, Jr.-11/28/1961

Montgomery College Police Department -- Peter Conrad Johnson, Jr.-06/08/1997

Montgomery County Constable Pct. 2 -- Billy Ray Colson-02/08/1999

Moore County Sheriff's Office -- Donald Rex Mitchell-12/14/1996

Munday Police Department -- Perry Floyd Patton-05/28/1989

Nacogdoches County Sheriff's Office -- John Arlington Hargis-08/23/1928, Tom Anderson Sitton-05/24/1996

Nevada City Marshal's Office -- James Robert Cotner-03/15/1930

Orange Police Department -- Danny Lee Gray-06/28/1974

Paris Police Department -- Duain S. Cross-07/20/1920, William Cluff Shultz-03/06/1904

Pecos City Marshal's Office -- Thomas Yowell Moorhead-02/08/1914

Pecos County Sheriff's Office -- Donald Roy Stockburger-09/23/1997

Presidio County Sheriff's Office -- Ernest D. Hamilton-04/27/1973, Ottis W. Morrow-03/11/1950

Quinlan Police Department -- Billy Gene Smelly-09/18/1983

Red River County Sheriff's Office -- Algie R. Puckett-07/21/1920, Charles Stephens-07/30/1912, Levi J. Whiteman-03/23/1891

San Antonio Police Department -- Theodore T. Boynton-07/29/193, Winston A Culpepper-09/11/1954, Agnal Edwards-01/16/1937, Frederick Fieldstrup-05/29/1857, Otto S. Hillock-10/18/1945, Michael Corey McInnis-08/28/1995, Oscar Domingo Perez-03/24/2000, John Anthony "Rocky" Riojas-02/03/2001, Robert White-11/09/1927

Sherman City Marshal's Office -- Samuel D. "Sam" Ball-02/02/1880

Tarrant County Constable Pct.1 -- Robert Franklin Poe-12/23/1925

Tarrant County Constable Pct. 8 -- Earl Franklin Andrews-06/07/1975, Robert Emmett Morison-11/08/1916

Tarrant County Sheriff's Office -- Malcolm S. Davis-01/06/1933, George M. Hendrix-09/17/1997, Frank D. Howell-11/03/1986, Thomas J. Smith-09/17/1997

Taylor Police Department -- John D. Dykowski-10/05/2000

Texas City Police Department -- O. E. Evans-02/13/1928

Texas Department of Criminal Justice -- Charles Jesse Baker-07/21/1959, Wilmot A. Burnett-12/16/1999, Dalton B. Cawthray-01/05/1984, James Dimanoff-10/14/1997, Francisco Garza-05/31/1999, Bill Himstedt Sr.-08/07/1998, Robert A Hunt-06/06/1984, Daniel Nagle-12/17/1999, Timothy J. Parsley-10/01/1996

Texas Department of Public Safety -- Terry Wayne Miller-10/12/1999, Randall W. Vetter-08/07/2000

Travis County Sheriff's Office -- Benjamin Benny Berry-02/01/1967, Charles Billy "Chuck" Lacey-11/05/1982, Keith G. Ruiz-02/15/2001

Trinity County Sheriff's Office -- Sheila Gail Pyle-11/03/2000

Upton County Sheriff's Office -- Jerry Austin Register-07/02/1989

Van Alstyn Police Department -- W. L. "Will" Echols-03/23/1929

Victoria Police Department -- Fernando Gutierrez Robles-09/20/1983

Waco Police Department -- William Davis Mitchell-10/27/1900, Alpheus D. Neill-02/06/1877, John Robert "Bobby" Vicha-08/29/1989

Ward County Sheriff's Office -- Lee Wayne Russ-10/29/2000

Weimar City Marshal's Office -- Hatch York-01/22/1896

Whitesboro City Marhsal's Office -- Ches H. Estes-02/04/1935

Whitewright Police Department -- James Arvil "Jim" Lamance-12/23/2000

Williamson County Sheriff's Office -- Ahijah W. Grimes-07/19/1878, John T. Olive-09/12/1892, William J. Stanley-08/06/1887

Wise County Sheriff's Office -- Joseph H. "Joe" Brown, Jr.-01/27/1933

Wood County Constable Pct. 3 -- John S. Wofford-02/04/1907

Wood County Sheriff's Office -- Amos R. Wofford-02/04/1907

TRD-200102413

Edward T. Laine

Chief, Professional Standards and Administrative Operations

Texas Commission on Law Enforcement Officer Standards and Education

Filed: April 26, 2001


Texas Natural Resource Conservation Commission

Enforcement Orders

An agreed order was entered regarding FRIEDE GOLDMAN OFFSHORE TEXAS, L.P., Docket No. 1999-0980-MLM-E on April 19, 2001 assessing $20,000 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting RICHARD O'CONNELL, Staff Attorney at (512)239-5528, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

A default order was entered regarding TEXAS FAIRWAY, INC., Docket No. 1998- 1405-PST-E on April 20, 2001 assessing $3,125 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting VICTOR SIMONDS, Staff Attorney at (512)239-6201, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding CITY OF SINTON, Docket No. 2000-0403- MWD-E on April 10, 2001 assessing $3,750 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting TONI TOLIVER, SEP Coordinator at (512)239-6122, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding AREND JENSEMA, Docket No. 2000-0261- AGR-E on April 10, 2001 assessing $6,750 in administrative penalties with $6,150 deferred.

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

An agreed order was entered regarding C & P UTILITIES, INC., Docket No. 2000- 0506-MWD-E on April 10, 2001 assessing $11,000 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting CATHERINE ALBRECHT, Enforcement Coordinator at (713)767-3672, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding MR. DALE MCELYEA & MR. DAVID MCELYEA DBA M & M CONTRACTORS AND INDUSTRIAL COATINGS, Docket No. 1999-1561-AIR-E on April 10, 2001 assessing $2,500 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting SUZANNE WALRATH, Enforcement Coordinator at (512)392-2134, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding CITY OF MANVEL, Docket No. 2000-0495- MWD-E on April 10, 2001 assessing $11,375 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting TONI TOLIVER, SEP Coordinator at (512)239-6122, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding EARL SCHEIB OF TEXAS, INC., Docket No. 1999-1387-AIR-E on April 10, 2001 assessing $3,750 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting TEL CROSTON, Enforcement Coordinator at (512)239-5717, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding ROCK HILL WATER SUPPLY CORPORATION, Docket No. 2000-0808-PWS-E on April 10, 2001 assessing $2,363 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting CAROLYN LIND, Enforcement Coordinator at (903)535-5145, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding QUALITY CARRIERS INCORPORATED FORMERLY MONTGOMERY TANK LINES INCORPORATED, Docket No. 2000-0564- AIR-E on April 10, 2001 assessing $25,000 in administrative penalties.

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

An agreed order was entered regarding LONNIE K. PENCE, Docket No. 2000-1062- OSI-E on April 10, 2001 assessing $500 in administrative penalties with $100 deferred.

Information concerning any aspect of this order may be obtained by contacting CHERYL THOMPSON, Enforcement Coordinator at (817)469-6750, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding PEASTER INDEPENDENT SCHOOL DISTRICT, Docket No. 2000-0931-MWD-E on April 10, 2001 assessing $1,500 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting CHERYL THOMPSON, Enforcement Coordinator at (817)469-6750, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding MESA GRANDE WATER SUPPLY CORPORATION, Docket No. 2000-0721-PWS-E on April 10, 2001 assessing $2,813 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting MELINDA HOULIHAN, Enforcement Coordinator at (817)469-6750, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding FIRST CHEMICAL TEXAS, L.P., Docket No. 2000-0763-IHW-E on April 10, 2001 assessing $11,000 in administrative penalties with $2,200 deferred.

Information concerning any aspect of this order may be obtained by contacting CATHERINE SHERMAN, Enforcement Coordinator at (713)767-3624, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding HALLIBURTON ENERGY SERVICES, INC., Docket No. 2000-0484-IWD-E on April 10, 2001 assessing $1,500 in administrative penalties with $300 deferred.

Information concerning any aspect of this order may be obtained by contacting CHERYL THOMPSON, Enforcement Coordinator at (817)588-5800, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding LAMAR POWER PARTNERS, LP, Docket No. 2000-0857-AIR-E on April 10, 2001 assessing $1,688 in administrative penalties with $338 deferred.

Information concerning any aspect of this order may be obtained by contacting CAROLYN LIND, Enforcement Coordinator at (903)535-5145, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding CITY OF NACOGDOCHES, Docket No. 2000- 0862-MWD-E on April 10, 2001 assessing $5,625 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting TERRY MURPHY, Enforcement Coordinator at (512)239-5025, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding T-C OIL COMPANY, Docket No. 2000-1163- AIR-E on April 10, 2001 assessing $1,875 in administrative penalties with $375 deferred.

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

An agreed order was entered regarding CITY OF SAN MARCOS, Docket No. 2000- 0487-MWD-E on April 10, 2001 assessing $2,250 in administrative penalties with $450 deferred.

Information concerning any aspect of this order may be obtained by contacting TONI TOLIVER, SEP Coordinator at (512)239-6122, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding ALAMO CEMENT COMPANY, Docket No. 2000-0679-AIR-E on April 10, 2001 assessing $87,850 in administrative penalties with $17,570 deferred.

Information concerning any aspect of this order may be obtained by contacting TERRY MURPHY, Enforcement Coordinator at (512)239-5025, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding ADVENTURE CAMP, INC. DBA Y.O. ADVENTURE CAMP, Docket No. 2000-0801-PWS-E on April 10, 2001 assessing $2250 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting ELVIA MASKE, Enforcement Coordinator at (512)239-0789, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding ANTELOPE OIL TOOL & MANUFACTURING CO., Docket No. 2000-0733-AIR-E on April 10, 2001 assessing $5,625 in administrative penalties with $1,125 deferred.

Information concerning any aspect of this order may be obtained by contacting TONI TOLIVER, SEP Coordinator at (512)239-6122, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding AIRLINE MHP LLC DBA AIRLINE MOBILE HOME PARK, LTD., Docket No. 2000-0976-PWS-E on April 10, 2001 assessing $450 in administrative penalties with $90 deferred.

Information concerning any aspect of this order may be obtained by contacting DAN LANDENBERGER, Enforcement Coordinator at (915)570-1359, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding EEX CORPORATION, Docket No. 2000-1004- AIR-E on April 10, 2001 assessing $4,500 in administrative penalties with $900 deferred.

Information concerning any aspect of this order may be obtained by contacting CAROL MCGRATH, Enforcement Coordinator at (361)825-3275, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding CROCKETT COUNTY WCID NO. 1, Docket No. 1998-1451-PWS-E on April 10, 2001 assessing $4,313 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting JOHN MEAD, Enforcement Coordinator at (512)239-6010, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding HOLNAM TEXAS LIMITED PARTNERSHIP, Docket No. 2000-0975-AIR-E on April 10, 2001 assessing $7,500 in administrative penalties with $1,500 deferred.

Information concerning any aspect of this order may be obtained by contacting JORGE IBARRA, Enforcement Coordinator at (817)469-6750, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding THE GROVE WATER SUPPLY CORPORATION, Docket No. 2000-1192-PWS-E on April 10, 2001 assessing $375 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting JAMES JACKSON, Enforcement Coordinator at (254)751-0335, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding ALVIN KIDD DBA GREENWOOD TERRACE MOBILE HOME SUBDIVISION, Docket No. 2000-0789-PWS-E on April 10, 2001 assessing $3,700 in administrative penalties with $740 deferred.

Information concerning any aspect of this order may be obtained by contacting DAN LANDENBERGER, Enforcement Coordinator at (915)570-1359, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding FINA, INC., Docket No. 2000-0925-IHW-E on April 10, 2001 assessing $15,000 in administrative penalties with $3,000 deferred.

Information concerning any aspect of this order may be obtained by contacting JAMES BEAUCHAMP, Enforcement Coordinator at (915)698-9674, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding FLOYD HARRISON DBA EULESS AUTO SALES, Docket No. 2000-0903-AIR-E on April 10, 2001 assessing $2,250 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting BILL DAVIS, Enforcement Coordinator at (512)239-6793, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding TEXAS A & M UNIVERSITY, Docket No. 2000-0193-MWD-E on April 19, 2001 assessing $3,000 in administrative penalties with $600 deferred.

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

An agreed order was entered regarding U.S. LIQUIDS, INC. DBA NATIONAL GREASE, Docket No. 2000-0913-MLM-E on April 19, 2001 assessing $7,200 in administrative penalties with $1,440 deferred.

Information concerning any aspect of this order may be obtained by contacting TONI TOLIVER, SEP Coordinator at (512)239-6122, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

A default order was entered regarding NAM PHOUNG CHU DBA L & P LOUIS GROCERY, Docket No. 1999-0512-PST-E on April 19, 2001 assessing $2,250 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting DARREN REAM, Staff Attorney at (817)588-5878, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

A default order was entered regarding DON BENEDICT, Docket No. 1999-0617-AIR-E on April 19, 2001 assessing $3,125 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting DARREN REAM, Staff Attorney at (817)588-5878, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding GREG AUTOMOTIVE ENTERPRISES, INCORPORATED, Docket No. 2000-0690-AIR-E on April 19, 2001 assessing $1,250 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting ELISA ROBERTS, Staff Attorney at (817)588-5877, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding CITY OF KILGORE, Docket No. 1999-0709- MWD-E on April 19, 2001 assessing $7,500 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting VICTOR SIMONDS, Staff Attorney at (512)239-6201, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding BE VAN PHAM DBA ALDINE MAIL ROUTE MOBILE HOME PARK, Docket No. 2000-0366-PWS-E on April 19, 2001 assessing $625 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting DAVID SPEAKER, Staff Attorney at (512)239-2548, Enforcement Coordinator at , Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An order was entered regarding PHILLIPS PETROLEUM COMPANY, SWEENY REFINERY AND PETROCHEMICAL COMPLEX, Docket No. 1994-0137-SWR-E on April 19, 2001.

Information concerning any aspect of this order may be obtained by contacting DAVID SPEAKER, Staff Attorney at (512)239-2548, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding P.D. CARS, INCORPORATED DBA PAT DORAN CAR & TRUCK SALES, Docket No. 1999-1270-AIR-E on April 10, 2001 assessing $1,000 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting DWIGHT MARTIN, Staff Attorney at (512)239-0682, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding W.D. MILLER, INC., Docket No. 1999-1374- PST-E on April 10, 2001 assessing $21,875 in administrative penalties with $6,275 deferred.

Information concerning any aspect of this order may be obtained by contacting REYNALDO DELOSSANTOS, Staff Attorney at (210)403-4016, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding SLATON MOTORS, L.P. DBA ALL AMERICAN CHEVROLET, Docket No. 1999-1374-PST-E on April 19, 2001 assessing $1,250 in administrative penalties with $250 deferred.

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

An agreed order was entered regarding TEXAS SUNNYLAND, INC., Docket No. 1998-1405-PST-E on April 10, 2001 assessing $3,125 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting VICTOR SIMONDS, Staff Attorney at (512)239-6201, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding HIDALGO COUNTY, Docket No. 1999-0694- MSW-E on April 23, 2001 assessing $6,000 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting VICTOR SIMONDS, Staff Attorney at (512)239-6201, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding JAVAID MALIK., Docket No. 1999-0869-PST- E on April 23, 2001 assessing $32,500 in administrative penalties with $8,500 deferred.

Information concerning any aspect of this order may be obtained by contacting KELLY WEINERT MEGO, Staff Attorney at (713)422-8916, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

TRD-200102410

LaDonna Castañuela

Chief Clerk

Texas Natural Resource Conservation Commission

Filed: April 26, 2001


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

The Texas Natural Resource Conservation Commission (TNRCC or commission) staff is providing an opportunity for written public comment on the listed Default Orders (DOs). The TNRCC staff proposes a DO 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 EDPRP. Similar to the procedure followed with respect to Agreed Orders entered into by the executive director of the TNRCC pursuant to Texas Water Code (TWC), §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 11, 2001 . The TNRCC will consider any written comments received and the TNRCC may withdraw or withhold approval of a DO if a comment discloses facts or considerations that indicate that a proposed DO 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 DO is not required to be published if those changes are made in response to written comments.

A copy of each of the proposed DOs 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. Comments about the DO should be sent to the attorney designated for the DO 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 11, 2001 . Comments may also be sent by facsimile machine to the attorney at (512) 239-3434. The TNRCC attorneys are available to discuss the DOs and/or the comment procedure at the listed phone numbers; however, comments on the DOs should be submitted to the TNRCC in writing .

(1) COMPANY: C & A Jeffrey, Inc. and Curtis Jeffrey, Individually; DOCKET NUMBER: 1999-0259-MWD-E; TNRCC ID NUMBER: 11191-001; LOCATION: 8250 Citation Avenue, Austin, Travis County, Texas; TYPE OF FACILITY: wastewater treatment plant; RULES VIOLATED: §305.42(a) and §303.125(2), and TWC, §26.121, by failing to renew and continued to operate under Water Quality Permit Number 11191-001 after the permit expired; §305.125(9) and TNRCC Permit Number 11191-001, Special Condition 2(g), by failing to provide notification to the TNRCC of an unauthorized discharge within 24 hours after becoming aware of the noncompliance; TWC, § 26.121 and TNRCC Permit Number 11191-001, by surpassing the limit on daily average of total suspended solids and exceeding biochemical oxygen demand limits; §291.76, by failing to pay water quality assessment fees and waste treatment fees; PENALTY: $11,250; STAFF ATTORNEY: Reynaldo De Los Santos, Litigation Division, MC R-13, (210) 403-4016; REGIONAL OFFICE: Austin Regional Office, 1921 Cedar Bend Dr., Ste. 150, Austin, Texas 78758-5336, (512) 339-2929.

(2) COMPANY: Gbak Properties, Inc.; DOCKET NUMBER: 1999-1389-PST-E; TNRCC ID NUMBER: 38596, 14287; LOCATION: 5411 Broadway, Galveston, Galveston County, Texas; TYPE OF FACILITY: convenience store with retail gasoline sales (store); RULES VIOLATED: §115.245(3) and THSC, §382.085(b), by failing to perform tests to verify proper operation of the Stage II vapor recovery systems at the store; PENALTY: $1,250; STAFF ATTORNEY: Kelly W. Mego, Litigation Division, MC R-12, (713) 422-8916; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Ave., Ste. H, Houston, Texas 77023-1486, (713) 767-3500.

(3) COMPANY: Global Finance, Inc. dba Astrodome Conoco, and Alnoor Kermally, Individually; DOCKET NUMBER: 2000-0518-PST-E; TNRCC ID NUMBER: 0027939; LOCATION: 1522 South Loop, Houston, Harris County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline (facility); RULES VIOLATED: §334.48(c), by failing to conduct inventory control at a retail facility; §334.50(b)(1)(A) and TWC, §26.3475(c)(1), by failing to monitor underground storage tanks for releases at a frequency of at least once every month; PENALTY: $10,000; STAFF ATTORNEY: Gitanjali Yadav, Litigation Division, MC 175, (512) 239-2029; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Ave., Ste. H, Houston, Texas 77023-1486, (713) 767-3500.

(4) COMPANY: James Leroy Dake; DOCKET NUMBER: 1999-1306-OSI-E; TNRCC ID NUMBER: OS6782, 14202; LOCATION: 308 County Road 4859, Newark, Wise County, Texas; TYPE OF FACILITY: on-site sewage facility; RULES VIOLATED: §285.7(h), by failing to report maintenance findings to the permitting authority within ten days of the specified reporting frequency; PENALTY: $250; STAFF ATTORNEY: Kelly W. Mego, Litigation Division, MC R-12, (713) 422-8916; REGIONAL OFFICE: Arlington Regional Office, 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 588-5800.

(5) COMPANY: Vance D. Miller dba Miller Manufacturing Co.; DOCKET NUMBER: 2000-0511-AIR-E; TNRCC ID NUMBER: B1094H; LOCATION: 2655 Talley Road, San Antonio, Bexar County, Texas; TYPE OF FACILITY: fabricates wooden exterior louvers; RULES VIOLATED: §111.201(a) and Texas Health and Safety Code, §382.085(b), by failing to abide by the outdoor burning prohibition; PENALTY: $1,250; STAFF ATTORNEY: James Biggins, Litigation Division, MC R-13, (210) 403-4017; REGIONAL OFFICE: San Antonio Regional Office, 14250 Judson Rd., San Antonio, Texas 78233-4480, (210) 490-3096.

TRD-200102464

Paul C. Sarahan

Director, Litigation Division

Texas Natural Resource Conservation Commission

Filed: May 1, 2001


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

The Texas Natural Resource Conservation Commission (TNRCC or commission) staff is providing an opportunity for written public comment on the listed Agreed Orders (AOs) pursuant to Texas Water Code (the Code), §7.075, which requires that the TNRCC may not approve these AOs unless the public has been provided an opportunity to submit written comments. Section 7.075 requires that notice of the proposed orders and of the opportunity to comment must be published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is June 11, 2001 . 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 11, 2001 . 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: AA & MM International Inc. dba Auburn Food Mart; DOCKET NUMBER: 2000-1454-PST-E; IDENTIFIER: Petroleum Storage Tank (PST) Facility Identification Number 0039050; LOCATION: Texas City, Galveston County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §115.245(3) and the Code, §382.085(b), by failing to successfully perform the five year (full system) functional testing to verify proper operation of the Stage II vapor recovery system (VRS); PENALTY: $720; ENFORCEMENT COORDINATOR: Kent Heath, (512) 239-4575; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(2) COMPANY: Mike Goold dba AAA Industrial Chromium Company; DOCKET NUMBER: 2001-0068-AIR-E; IDENTIFIER: Air Permit Number 30198; LOCATION: Fort Worth, Tarrant County, Texas; TYPE OF FACILITY: electroplating; RULE VIOLATED: 30 TAC §116.116(b)(1)(C), Permit Number 30198, and the Code, §382.085(b) and §382.0518(a), by failing to obtain a permit amendment; and 30 TAC §116.115(b)(2)(H), §101.7(a), and the Code, §382.085(b), by failing to ensure that the emission capture and abatement equipment were in good working order; PENALTY: $4,800; ENFORCEMENT COORDINATOR: Cheryl Thompson, (817) 588-5800; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 588-5800.

(3) COMPANY: The City of Alice DOCKET NUMBER: 2000-0995-MWD-E; IDENTIFIER: National Pollutant Discharge Elimination System (NPDES) Permit Number TX0034002, Water Quality Permit Number 10536-002, and Texas Pollutant Discharge Elimination System (TPDES) Permit Number 10536-002; LOCATION: Alice, Jim Wells County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: Water Quality Permit Number 10536-002, by failing to properly operate and maintain the wastewater treatment plant units; and 30 TAC §305.125(1) and (5), §319.11, the Code, §26.121, NPDES Permit Number TX0034002, and Water Quality Permit Number 10536-002, by failing to prevent five unauthorized discharges of visible foam and solids, limit chlorine residual, calibrate the flow measurement device, collect composite samples, and prevent unauthorized discharge of sludge and wastewater containing toxic metals; PENALTY: $28,750; ENFORCEMENT COORDINATOR: Carol McGrath, (361) 825-3100; REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5503, (361) 825-3100.

(4) COMPANY: Army Air Force Exchange Service; DOCKET NUMBER: 2000-1091-AIR-E; IDENTIFIER: Air Account Number EE-1213-R; LOCATION: El Paso, El Paso County, Texas; TYPE OF FACILITY: gas station; RULE VIOLATED: 30 TAC §115.252(2) and the Code, §382.085(b), by allowing the transfer of gasoline from a storage vessel with a reid vapor pressure greater than 7.0 pounds per square inch absolute; PENALTY: $1,000; ENFORCEMENT COORDINATOR: Tel Croston, (512) 239-5717; REGIONAL OFFICE: 401 East Franklin Avenue, Suite 560, El Paso, Texas 79901-1206, (915) 834-4949.

(5) COMPANY: Atlas Match LLC; DOCKET NUMBER: 2000-1363-AIR-E; IDENTIFIER: Air Account Number TA-0040-H; LOCATION: Euless, Tarrant County, Texas; TYPE OF FACILITY: match manufacturing; RULE VIOLATED: 30 TAC §116.110(a) and the Code, §382.085(b) and §382.0518(a), by failing to renew Permit Number 61 for incinerator or meet the conditions of permit by rule and obtain proper authorization for nine off-set lithographic printing presses; 30 TAC §111.129(1) and the Code, §382.085(b), by failing to operate the incinerator within the allowed hours; 30 TAC §115.446 and the Code, §382.085(b), by failing to maintain records of all monitoring operations; and 30 TAC §101.6 and the Code, §382.085(b), by failing to maintain records of reportable and non-reportable upset and maintenance conditions on-site; PENALTY: $9,600; ENFORCEMENT COORDINATOR: Jorge Ibarra, (817) 588-5800; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 588-5800.

(6) COMPANY: B & P Fuel, Inc.; DOCKET NUMBER: 2000-1114-PST-E; IDENTIFIER: PST Facility Identification Number 17421 and 17422; LOCATION: Paducah, Cottle County, Texas; TYPE OF FACILITY: service station; RULE VIOLATED: 30 TAC §334.93(a) and (b), and the Code, §26.3475, by failing to demonstrate financial responsibility for the operation of petroleum underground storage tanks (USTs); PENALTY: $1,600; ENFORCEMENT COORDINATOR: James Beauchamp, (915) 698-9674; REGIONAL OFFICE: 1977 Industrial Boulevard, Abilene, Texas 79602- 7833, (915) 698-9674.

(7) COMPANY: James Barnhart, Jr. dba James Barnhart Dairy; DOCKET NUMBER: 2000- 1252-MWD-E; IDENTIFIER: Enforcement Identification Number 15300; LOCATION: Como, Hopkins County, Texas; TYPE OF FACILITY: dairy; RULE VIOLATED: 30 TAC §321.31(a) and the Code, §26.121, by failing to prevent run-off from an animal feeding operation; 30 TAC §321.40(1)and (11), and the Code, §26.121, by failing to prevent cattle overgrazing and/or trampling of vegetative growth and dispose of dead calves in a manner to prevent contamination of waters in the state; 30 TAC §321.39(f)(12), (18), (19)(D) and (F), and the Code, §26.121, by failing to prevent an inaccurate determination of freeboard elevations, prevent cattle from walking into the retention ponds, and maintain the irrigation system; and 30 TAC §321.33(f) and the Code, §26.121, by failing to make application for a permit or registration of a confined animal feeding operation; PENALTY: $5,000; ENFORCEMENT COORDINATOR: John Mead, (512) 239-6010; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.

(8) COMPANY: City of Bartlett; DOCKET NUMBER: 2000-0788-MWD-E; IDENTIFIER: TPDES and Water Quality Permit Number 10880-001; LOCATION: Bartlett, Bell County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), TPDES and Water Quality Permit Number 10880-001, and the Code, §26.121, by failing to comply with the permit limits for five-day biochemical oxygen demand (BOD), total suspended solids (TSS), and pH; PENALTY: $3,000; ENFORCEMENT COORDINATOR: Pamela Campbell, (512) 239-4493; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

(9) COMPANY: BASN Corporation dba Swif-T Food Store; DOCKET NUMBER: 2000-1159- PST-E; IDENTIFIER: PST Facility Identification Number 0042964; LOCATION: Dallas, Dallas County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §115.246(4) and the Code, §382.085(b), by failing to maintain and provide documentation of the Stage II vapor recovery training for the station representative; 30 TAC §115.244(3) and the Code, §382.085(b), by failing to conduct monthly inspections of the Stage II VRS; 30 TAC §115.242(3)(E) and the Code, §382.085(b), by failing to maintain the Stage II VRS in proper operation and free of defects by not replacing missing Stage I drybreak dust cap and damaged or missing nozzle boots and bellow; and 30 TAC §334.22, by failing to pay past due UST fees; PENALTY: $3,750; ENFORCEMENT COORDINATOR: Kent Heath, (512) 239-4575; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 588-5800.

(10) COMPANY: Berry Contracting, L.P. dba Bay, Ltd.; DOCKET NUMBER: 2000-1487- PST-E; IDENTIFIER: PST Facility Identification Number 32082; LOCATION: Corpus Christi, Nueces County, Texas; TYPE OF FACILITY: construction yard; RULE VIOLATED: 30 TAC §334.10(b)(1)(B), by failing to maintain copies of all required records to a UST system in a secure location; 30 TAC §334.50(b)(1)(A), (b)(2)(A)(i)(III), and the Code, §26.3475, by failing to monitor USTs for releases, monitor piping in a manner designed to detect releases from any portion of the piping of the USTs, and test a line leak detector at least once per year for performance and operational reliability; and 30 TAC §334.105(b)(5), by failing to maintain an updated copy of certification of financial responsibility; PENALTY: $4,375; ENFORCEMENT COORDINATOR: Audra Baumgartner, (361) 825-3100; REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5503, (361) 825-3100.

(11) COMPANY: Bishop Consolidated Independent School District; DOCKET NUMBER: 2000- 1072-MWD-E; IDENTIFIER: TPDES Permit Number 11754-001; LOCATION: Petronila, Nueces County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number 11754-001, and the Code, §26.121, by failing to comply with the permit limits for total residual chlorine; PENALTY: $1,600; ENFORCEMENT COORDINATOR: Tel Croston, (512) 239-5717; REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5503, (361) 825-3100.

(12) COMPANY: Bison Energy Partners, Inc.; DOCKET NUMBER: 2000-1378-AIR-E; IDENTIFIER: Air Account Number MH-0067-Q; LOCATION: Van Vleck, Matagorda County, Texas; TYPE OF FACILITY: natural gas compression and transmission; RULE VIOLATED: 30 TAC §115.216(3)(D) and the Code, §382.085(b), by failing to keep daily records of throughput for volatile organic compounds; 30 TAC §122.146(1), §122.513(b)(6), and the Code, §382.085(b), by failing to provide yearly certification of compliance; 30 TAC §122.143(15) and the Code, §382.085(b), by failing to maintain a copy of the operating permit, permit application, and authorization to operate on-site at the facility; 30 TAC §122.503(a)(3) and the Code, §382.085(b), by failing to submit an application for new authorization to operate; and 30 TAC §101.24(b) and (c), §101.27(c)(1), and the Code, §382.062 and §382.0621, by failing to pay air inspection and emissions fees; PENALTY: $8,000; ENFORCEMENT COORDINATOR: Tom Greimel, (512) 239-5690; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(13) COMPANY: O.V. Casey Plumbing, Inc. and Casey & Sons Septic Service, Inc.; DOCKET NUMBER: 2001-0262-MLM-E; IDENTIFIER: Transporter Registration Number 22364; LOCATION: Uvalde, Uvalde County, Texas; TYPE OF FACILITY: unauthorized sludge disposal site; RULE VIOLATED: 30 TAC §312.142(a), by failing to properly register prior to transporting grit trap waste; and 30 TAC §330.4(b), §330.5, and the Code, §26.121, by allowing grit trap waste to be disposed at an unauthorized facility; PENALTY: $900; ENFORCEMENT COORDINATOR: Malcolm Ferris, (210) 490-3096; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.

(14) COMPANY: Mr. Richard Carrol dba D and R Metal Finishing; DOCKET NUMBER: 2001-0109-AIR-E; IDENTIFIER: Air Account Number HG-1790-Q; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: sandblasting and metal coating; RULE VIOLATED: 30 TAC §101.10 and the Code, §382.085(b), by failing to submit an emissions inventory questionnaire; PENALTY: $3,125; ENFORCEMENT COORDINATOR: Kevin Keyser, (713) 767- 3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(15) COMPANY: Dixie Chemical Company, Inc.; DOCKET NUMBER: 2000-1175-AIR-E; IDENTIFIER: Air Account Number HG-0199-M; LOCATION: Pasadena, Harris County, Texas; TYPE OF FACILITY: batch chemical plant; RULE VIOLATED: 30 TAC §116.115(c), Permit Number 18342, and the Code, §382.085(b), by exceeding the annual DCE-410 production limit of 300,000 pounds per year; and 30 TAC §116.116(b)(1)(C), Permit Number 18658, and the Code, §382.085(b), by increasing the production rate of hydrogenated epoxy curing agents from 10,000,000 pounds per year to 11,458,400 pounds; PENALTY: $2,500; ENFORCEMENT COORDINATOR: Miriam Hall, (512) 239-1044; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(16) COMPANY: Driscoll Children's Hospital; DOCKET NUMBER: 2000-1362-PST-E; IDENTIFIER: PST Facility Identification Number 43073; LOCATION: Corpus Christi, Nueces County, Texas; TYPE OF FACILITY: hospital; RULE VIOLATED: 30 TAC §334.93, by failing to demonstrate the required financial responsibility for taking corrective action; and 30 TAC §334.10(b), by failing to maintain records; PENALTY: $2,500; ENFORCEMENT COORDINATOR: Carol McGrath, (361) 825-3100; REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5503, (361) 825-3100.

(17) COMPANY: Duke Energy Field Services, L.P.; DOCKET NUMBER: 2000-1260-AIR-E; IDENTIFIER: Air Account Number LF-0022-I; LOCATION: Dime Box, Lee County, Texas; TYPE OF FACILITY: natural gas compression and transmission; RULE VIOLATED: 30 TAC §101.10 and the Code, §382.085(b), by failing to submit an emissions inventory questionnaire; PENALTY: $1,800; ENFORCEMENT COORDINATOR: Gloria Stanford, (512) 239-1871; REGIONAL OFFICE: 1921 Cedar Bend Drive, Suite 150, Austin, Texas 78758-5336, (512) 339-2929.

(18) COMPANY: First Colony Municipal Utility District No. 9; DOCKET NUMBER: 2000- 1025-MWD-E; IDENTIFIER: TPDES Permit Number 12806-001; LOCATION: near Oyster Creek, Fort Bend County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number 12806-001, and the Code, §26.121, by failing to comply with TSS daily average concentration limit of 15.0 milligrams per liter (mg/L) and BOD daily average single grab limit of ten mg/L; PENALTY: $750; ENFORCEMENT COORDINATOR: Tel Croston, (512) 239-5717; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023- 1486, (713) 767-3500.

(19) COMPANY: Florida Gas Transmission Company; DOCKET NUMBER: 2000-1005-AIR-E; IDENTIFIER: Air Account Number CB-0051-B; LOCATION: Robstown, Nueces County, Texas; TYPE OF FACILITY: natural gas transmission; RULE VIOLATED: 30 TAC §122.142(2) and the Act, §382.085(b), by failing to submit the initial annual compliance certifications; PENALTY: $3,000; ENFORCEMENT COORDINATOR: Carol McGrath, (361) 825-3100; REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5503, (361) 825-3100.

(20) COMPANY: Griffin Industries, Incorporated; DOCKET NUMBER: 2000-1207-AIR-E; IDENTIFIER: Air Account Number HG-5394-A; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: transfer station; RULE VIOLATED: 30 TAC §101.4 and the Code, §382.085(a) and (b), by allowing odors from the plant to leave the property; PENALTY: $2,500; ENFORCEMENT COORDINATOR: Carl Schnitz, (512) 239-1892; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(21) COMPANY: High Plains Children's Home and Family Services; DOCKET NUMBER: 2001-0075-PWS-E; IDENTIFIER: Public Water Supply (PWS) Number 1910012; LOCATION: Amarillo, Randall County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.117(c), (formerly 30 TAC §290.120(c)), by failing to conduct initial lead and copper sampling; PENALTY: $313; ENFORCEMENT COORDINATOR: Jayme Brown, (512) 239- 1683; REGIONAL OFFICE: 3918 Canyon Drive, Amarillo, Texas 79109-4933, (806) 353-9251.

(22) COMPANY: Hood County Utilities; DOCKET NUMBER: 2000-1171-PWS-E; IDENTIFIER: PWS Number 1110079; LOCATION: Granbury, Hood County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.45(b)(1)(D)(i), by failing to meet the minimum water system capacity requirements; 30 TAC §290.46(u), (formerly 30 TAC §290.46(x)), by failing to properly plug abandoned well number two; and 30 TAC §290.43(e) and §290.41(c)(3)(K) and (O), by failing to properly seal the wellhead with a gasket or gasket sealing compound around the vent opening and enclose and protect the well site with intruder resistant fences; PENALTY: $938; ENFORCEMENT COORDINATOR: Kent Heath, (512) 239-4576; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 588-5800.

(23) COMPANY: Leyendecker Materials, Inc.; DOCKET NUMBER: 2001-0155-AIR-E; IDENTIFIER: Air Account Number WE-0075-I; LOCATION: Laredo, Webb County, Texas; TYPE OF FACILITY: rock crusher; RULE VIOLATED: 30 TAC §106.142(c), §116.110(a), and the Code, §382.085(b), by failing to provide water sprays as necessary to achieve maximum control of dust emissions; PENALTY: $1,250; ENFORCEMENT COORDINATOR: Malcolm Ferris, (210) 490-3096; REGIONAL OFFICE: 1804 West Jefferson Avenue, Harlingen, Texas 78550-5247, (956) 425-6010.

(24) COMPANY: Lipham Construction Company, Inc.; DOCKET NUMBER: 2001-0050-MSW- E; IDENTIFIER: Enforcement Identification Number 15648; LOCATION: Anton, Hockley County, Texas; TYPE OF FACILITY: road seal coat operation; RULE VIOLATED: 30 TAC §327.3(b) and the Code, §26.039(b), by failing to notify of the unauthorized discharge; 30 TAC §327.5(a) and the Code, §26.121(a)(3), by failing to abate the unauthorized discharge; and 30 TAC §327.5(c), by failing to submit the required written information of the unauthorized discharge; PENALTY: $3,600; ENFORCEMENT COORDINATOR: Gary Shipp, (806) 796-7092; REGIONAL OFFICE: 4630 50th Street, Suite 600, Lubbock, Texas 79414-3520, (806) 796-7092.

(25) COMPANY: City of Mason; DOCKET NUMBER: 2000-1181-MWD-E; IDENTIFIER: TPDES Permit Number 10670-001; LOCATION: Mason, Mason County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number 10670-001, and the Code, §26,121, by exceeding the discharge limits; PENALTY: $1,760; ENFORCEMENT COORDINATOR: Mark Newman, (915) 655-9479; REGIONAL OFFICE: 622 South Oakes, Suite K, San Angelo, Texas 76903-7013, (915) 655-9479.

(26) COMPANY: North Texas Tank Rental, Inc.; DOCKET NUMBER: 2000-1322-PST-E; IDENTIFIER: PST Facility Identification Number 0009076; LOCATION: Mesquite, Dallas County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §115.245(2) and the Code, §382.085(b), by failing to conduct an annual pressure decay test; and 30 TAC §334.50(b)(2)(A)(i)(III) and the Code, §26.3475, by failing to test the line leak detector; PENALTY: $4,375; ENFORCEMENT COORDINATOR: Melinda Houlihan, (817) 588-5800; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 588-5800.

(27) COMPANY: Nucor Corporation; DOCKET NUMBER: 2000-1288-AIR-E; IDENTIFIER: Air Account Number LG-0006-S; LOCATION: Jewett, Leon County, Texas; TYPE OF FACILITY: steel production; RULE VIOLATED: 30 TAC §101.10 and the Code, §382.085(b), by failing to submit an emissions inventory questionnaire; PENALTY: $800; ENFORCEMENT COORDINATOR: Suzanne Walrath, (512) 239-2134; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

(28) COMPANY: Participation Development Corp. (Texas) Inc.; DOCKET NUMBER: 2000- 1030-IWD-E; IDENTIFIER: TPDES Permit Number 11506-001; LOCATION: Eustace, Henderson County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number 11506-001, and the Code, §26.121, by failing to comply with the total ammonia nitrogen daily average permit limit of three mg/L; PENALTY: $1,150; ENFORCEMENT COORDINATOR: Tel Croston, (512) 239-5717; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.

(29) COMPANY: Patterson Petroleum LP, LLLP; DOCKET NUMBER: 2001-0244-AIR-E; IDENTIFIER: Air Account Number FG-0040-P; LOCATION: Orchard, Fort Bend County, Texas; TYPE OF FACILITY: natural gas processing; RULE VIOLATED: 30 TAC §122.146(2) and the Code, §382.085(b), by failing to submit annual compliance certification; PENALTY: $2,500; ENFORCEMENT COORDINATOR: Catherine Albrecht, (713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(30) COMPANY: Petroleum Wholesale, Inc.; DOCKET NUMBER: 2000-1250-IWD-E; IDENTIFIER: Enforcement Identification Number 12890; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: bulk storage and distribution; RULE VIOLATED: the Code, §26.121, by failing to prevent an unauthorized discharge of gasoline and diesel from a bulk storage distribution facility; the Code, §26.266(a), by failing to immediately take all reasonable action to abate and remove gasoline and diesel discharged; and 30 TAC §334.78(c), by failing to submit within 45 days of completing the cleanup a written response describing the details and providing support documents of the corrective action taken; PENALTY: $6,000; ENFORCEMENT COORDINATOR: Gilbert Angelle, (512) 239-4489; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(31) COMPANY: Pioneer Fabricating, Inc.; DOCKET NUMBER: 2001-0066-AIR-E; IDENTIFIER: Air Account Number WN-0197-O; LOCATION: Rhome, Wise County, Texas; TYPE OF FACILITY: painting and sandblasting; RULE VIOLATED: 30 TAC §§116.110(a), 106.433(8)(A) and (9), 106.452(2)(B - D), and the Code, §382.0518(a) and §382.085(b), by failing to obtain a permit or meet the condition of an exemption from permitting; PENALTY: $2,400; ENFORCEMENT COORDINATOR: Gloria Stanford, (512) 239-1871; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 588-5800.

(32) COMPANY: Quala Systems, Incorporated; DOCKET NUMBER: 2001-0011-IHW-E; IDENTIFIER: Industrial Solid Waste Registration Number 83778; LOCATION: Clute, Brazoria County, Texas; TYPE OF FACILITY: tank truck washing; RULE VIOLATED: Agreed Order 1997- 1188-IHW-E, by failing to provide notification ten days in advance of closure activity at the site; 30 TAC §335.62 and 40 Code of Federal Regulations (CFR) §262.11, by failing to maintain a complete waste determination for one waste stream; and 30 TAC §335.6(c), by failing to maintain a correct notice of registration; PENALTY: $12,500; ENFORCEMENT COORDINATOR: Randy Norwood, (512) 239-1879; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023- 1486, (713) 767-3500.

(33) COMPANY: Larry Phillips dba Rainbow Lake Mobile Home Park; DOCKET NUMBER: 2000-1016-PWS-E; IDENTIFIER: PWS Number 1460040; LOCATION: Cleveland, Liberty County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §30 TAC §290.109(c), (formerly 30 TAC §290.106(a)), by failing to collect and submit routine monthly water samples for bacteriological analysis; 30 TAC §290.45(b)(1)(E)(ii) and the Code, §341.0315(c), by failing to provide a minimum pressure tank capacity of 50 gallons per connection; 30 TAC §290.46(e) and (v), (formerly 30 TAC §290.46(y)), by failing to operate the system under the supervision of an operator with a Grade "D" certificate and install all water system electrical wiring in a securely mounted conduit; 30 TAC §290.109(g) and §290.122, (formerly 30 TAC §290.103(5) and §290.106(e)(2)), by failing to provide public notice relating to the failure to collect and submit routine monthly water samples; and 30 TAC §290.51, by failing to pay public health service fees; PENALTY: $2,625; ENFORCEMENT COORDINATOR: Kimberly McGuire, (512) 239-4761; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 656-3500.

(34) COMPANY: Randolph Water Supply Corporation; DOCKET NUMBER: 2000-1199- MWD-E; IDENTIFIER: TPDES Permit Number 11343-001; LOCATION: Randolph, Fannin County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number 11343-001, and the Code, §26.121, by failing to comply with permit limits for TSS, BOD5, and dissolved oxygen (DO); PENALTY: $1,569; ENFORCEMENT COORDINATOR: Joseph Daley, (512) 239-3308; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 588-5800.

(35) COMPANY: Ransom Industries, L.P.; DOCKET NUMBER: 2000-0704-MLM-E; IDENTIFIER: Air Account Number SK-0041-T, Industrial and Hazardous Waste (IHW) Permit Number 50141, Water Quality Permit Number 1793, and PWS Number 2120023; LOCATION: Tyler, Smith County, Texas; TYPE OF FACILITY: iron foundry; RULE VIOLATED: 30 TAC §116.110(a) and the Code, §382.085(a) and §382.0518(a), by failing to obtain a permit authorization prior to making modifications to the hammerheads and baghouses; 30 TAC §116.115, Air Permit Number 4246, and the Code, §382.085(b), by failing to use the north plant hot coat scrubbers during operations and use a coatings application system with a transfer efficiency equal to or greater than 60%; 30 TAC §101.7(a) and the Code, §382.085(b), by failing to maintain the baghouses; 30 TAC §101.6 and the Code, §382.085(b), by failing to report or record an upset; the Code, §382.085, by failing to prevent an unauthorized release; 30 TAC §335.6, by failing to notify of a waste management unit; 30 TAC §335.9(a)(1) and §335.6(g), by failing to maintain the records of inspections for the container storage area; 30 TAC §335.62, by failing to perform a proper hazardous waste determination and waste classification; 30 TAC §335.152(a)(1) and IHW Permit Number 50141; by failing to perform required monthly inspections of the closed landfill and required maintenance on the final landfill cover; 30 TAC §305.125(1) and (5) and §319.9(c), by failing to prevent the excessive growth of vegetation in and around the lagoons and calibrate the pH meter; 30 TAC §319.11 and Water Quality Permit Number 1793, by failing to utilize a thermometer which is calibrated to a National Institute of Standards and Technology (NIST) traceable thermometer; 30 TAC §290.41(c)(1)(F), by failing to provide sanitary easements; and 30 TAC §290.43(c)(2), by failing to maintain the roof hatch in proper condition; PENALTY: $87,100; ENFORCEMENT COORDINATOR: Joseph Daley, (512) 239-3308; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.

(36) COMPANY: Regal Oil Inc. dba Star Stop Food Mart #14; DOCKET NUMBER: 2000- 1019-PST-E; IDENTIFIER: PST Facility Identification Number 46592; LOCATION: Big Spring, Howard County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.49(a)(2) and the Code, §26.3475, by failing to maintain a corrosion protection system; PENALTY: $2,500; ENFORCEMENT COORDINATOR: Dan Landenberger, (915) 570-1359; REGIONAL OFFICE: 3300 North A Street, Building 4, Suite 107, Midland, Texas 79705-5404, (915) 570-1359.

(37) COMPANY: Gerard Ortiz dba River Oaks Subdivision Water System; DOCKET NUMBER: 2001-0057-PWS-E; IDENTIFIER: PWS Number 0270065; LOCATION: Burnet, Burnet County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.121(a), (formerly 30 TAC §290.106(a)), by failing to provide documentation of a current bacteriological sample siting plan; and 30 TAC §290.46(b), (f)(3)(E)(ii), and (n)(2), (formerly 30 TAC §290.46(f)(2)(B) and (n)), by failing to provide documentation of collecting monthly raw water samples, documentation of the results of chlorine residual tests, and documentation of a current distribution map; PENALTY: $500; ENFORCEMENT COORDINATOR: Steven Lopez, (512) 239-1896; REGIONAL OFFICE: 1921 Cedar Bend Drive, Suite 150, Austin, Texas 78758-5336, (512) 339-2929.

(38) COMPANY: Rytex, Inc.; DOCKET NUMBER: 2000-1259-PST-E; IDENTIFIER: PST Facility Identification Number 28453; LOCATION: Del Rio, Val Verde County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.49(a) and the Code, §26.3475, by failing to provide corrosion protection; and 30 TAC §334.50(b)(1)(A) and the Code, §26.3475, by failing to monitor USTs; PENALTY: $5,000; ENFORCEMENT COORDINATOR: Carol McGrath, (361) 825-3100; REGIONAL OFFICE: 1403 Seymour, Suite 2, Laredo, Texas 78040-8752, (956) 791-6611.

(39) COMPANY: Shurgard Texas Limited Partnership; DOCKET NUMBER: 2001-0077-EAQ- E; IDENTIFIER: Edwards Aquifer Protection Program Number 00061903; LOCATION: Austin, Williamson County, Texas; TYPE OF FACILITY: storage rental; RULE VIOLATED: 30 TAC §213.4(a)(1), by failing to obtain approval of an Edwards Aquifer water pollution abatement plan before initiating construction; PENALTY: $1,250; ENFORCEMENT COORDINATOR: Larry King, (512) 339-2929; REGIONAL OFFICE: 1921 Cedar Bend Drive, Suite 150, Austin, Texas 78758-5336, (512) 339-2929.

(40) COMPANY: Ken Reiber dba SJK Cattle Company; DOCKET NUMBER: 2000-1183-AGR- E; IDENTIFIER: Enforcement Identification Number 15345; LOCATION: Cleburne, Johnson County, Texas; TYPE OF FACILITY: animal feeding operation; RULE VIOLATED: 30 TAC §321.31(a) and the Code, §26.121, by failing to prevent unauthorized discharge of wastewater; 30 TAC §321.33(g), by failing to obtain a permit prior to operating an animal feeding operation; 30 TAC §321.40(1) and (11), by failing to build adequate facilities to catch and contain all process generated wastewater and properly dispose of dead animals; PENALTY: $4,800; ENFORCEMENT COORDINATOR: Steven Lopez, (512) 239-1896; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 588-5800.

(41) COMPANY: Smith Corrosion Services, Inc.; DOCKET NUMBER: 2000-1266-AIR-E; IDENTIFIER: Air Account Number HG-0664-G; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: rubber lining and specialty coatings; RULE VIOLATED: 30 TAC §116.110(a) and the Code, §382.085(b) and §382.0518(a), by failing to obtain a new source review air permit; and 30 TAC §122.121, §122.130(c)(1), and the Code, §382.054 and §382.085(b), by failing to obtain a federal operating permit or submit an abbreviated application for a federal operating permit, and continuing to operate; PENALTY: $14,062; ENFORCEMENT COORDINATOR: Miriam Hall, (512) 239-1044; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(42) COMPANY: William D. Smith dba Sunset Mobile Home Park II; DOCKET NUMBER: 2000-1295-PWS-E; IDENTIFIER: PWS Number 1011972; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.117(e)(2), (formerly 30 TAC §290.120(e)(2)), by failing to conduct reduced monitoring tap sampling for lead and copper; and 30 TAC §290.51(a)(3), by failing to pay public health service fees; PENALTY: $313; ENFORCEMENT COORDINATOR: Shawn Hess, (806) 353-9251; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(43) COMPANY: Randy Arndt dba Sun Valley Mobile Home Park; DOCKET NUMBER: 2000- 1364-PWS-E; IDENTIFIER: PWS Number 0720025; LOCATION: Stephenville, Erath County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.39(d)(1) and (g), by failing to secure plans, specifications, and related documents that have been prepared by a licensed professional engineer, and notify the executive director in writing of any significant changes or additions; 30 TAC §290.41(c)(1)(F), by failing to secure a sanitary easement; 30 TAC §290.42(i), by failing to use chemicals in the treatment of water supplied by the PWS; 30 TAC §290.43(c), by failing to use ground storage tanks fabricated in strict accordance with American Water Works Association (AWWA) standards; and 30 TAC §290.46(n)(3), by failing to maintain copies of well material setting data, geological log, sealing information, disinfection information, microbiological sample results, and a chemical analysis report of a representative sample of water; PENALTY: $688; ENFORCEMENT COORDINATOR: Jorge Ibarra, (817) 588-5800; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 588-5800.

(44) COMPANY: Wayne Downing dba Talent Plus; DOCKET NUMBER: 2000-1398-PWS-E; IDENTIFIER: PWS Number 1520243; LOCATION: Lubbock, Lubbock County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.109(c)(2) and (g), (formerly 30 TAC §290.106(b)(1) and (e)(2)), by failing to collect and submit routine monthly water samples for bacteriological analysis and public notification of its failure to comply with coliform monitoring requirements; PENALTY: $800; ENFORCEMENT COORDINATOR: Subhash Jain, (512) 239-5867; REGIONAL OFFICE: 4630 50th Street, Suite 600, Lubbock, Texas 79414-3520, (806) 796-7092.

(45) COMPANY: Tandem Energy Corporation; DOCKET NUMBER: 2000-0144-AIR-E; IDENTIFIER: Air Account Number HG-0230-U; LOCATION: Tomball, Harris County, Texas; TYPE OF FACILITY: natural gas compressor; RULE VIOLATED: 30 TAC §§117.205(d), 117.208, 117.211(a)(4), 117.213(a), 117.215(a), 117.520, 122.143(4), 122.511(b)(1), (2), and (12), and the Code, §382.085(b), by failing to meet the emissions limits of two grams nitrogen oxide per horsepower-hour, conduct initial compliance testing, install totalizing fuel flow meters to monitor the gas fuel usage at compressor number 14, and submit final control plan for the Tomball station; and 30 TAC §118.5 and the Code, §382.085(b), by failing to prepare and maintain an emissions reduction plan; PENALTY: $48,000; ENFORCEMENT COORDINATOR: Trina Lewison, (713) 767- 3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(46) COMPANY: Texas A & M University; DOCKET NUMBER: 2000-1394-MWD-E; IDENTIFIER: TPDES Permit Number 04002; LOCATION: College Station, Brazos County, Texas; TYPE OF FACILITY: steam electric power generating; RULE VIOLATED: TPDES Permit Number 04002, by failing to comply with effluent limits for free available chorine and TSS; PENALTY: $1,350; ENFORCEMENT COORDINATOR: Steven Lopez, (512) 239-1896; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

(47) COMPANY: Texas Petroleum Investment Company; DOCKET NUMBER: 2001-0007-AIR- E; IDENTIFIER: Air Account Number FG-0332-W; LOCATION: Thompsons, Fort Bend County, Texas; TYPE OF FACILITY: oil and gas production; RULE VIOLATED: 30 TAC §122.121, §122.130(a)(2), and the Code, §382.054 and §382.085(b), by failing to submit an initial abbreviated federal operating permit application; 30 TAC §101.10(b)(1) and the Code, §382.085(b), by failing to submit an initial emissions inventory for criteria and hazardous air pollutants; 30 TAC §117.211(a)(1) and the Code, §382.085(b), by failing to perform an initial demonstration of compliance testing; and 30 TAC §117.215(a) and the Code, §382.085(b), by failing to submit the final control plan to demonstrate nitrogen oxide compliance; PENALTY: $6,800; ENFORCEMENT COORDINATOR: Stacey Young, (512) 239-1899; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(48) COMPANY: Texas Petroleum Investment Company; DOCKET NUMBER: 2000-1448-AIR- E; IDENTIFIER: Air Account Number CB-0058-K; LOCATION: Port Lavaca, Calhoun County, Texas; TYPE OF FACILITY: natural gas compression and natural gas liquids processing; RULE VIOLATED: 30 TAC §101.10 and the Act, §382.085(b), by failing to submit emissions inventory questionnaires; 30 TAC §101.27 and the Act, §382.085(b), by failing to pay emission fees; 30 TAC §122.121 and the Act, §382.054 and §382.085(b), by failing to obtain federal operating permit authorization for emission units and continuing to operate; and 30 TAC §122.130(a)(2) and the Act, §382.054 and §382.085(b), by failing to submit a federal operating permit application; PENALTY: $12,000; ENFORCEMENT COORDINATOR: Audra Baumgartner, (361) 825-3100; REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5503, (361) 825-3100.

(49) COMPANY: Thousand Trails, Inc.; DOCKET NUMBER: 2000-1185-MWD-E; IDENTIFIER: TPDES Permit Number 13075-001; LOCATION: Whitney, Hill County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number 13075-001, and the Code, §26.121, by exceeding the permitted effluent limits for TPDES Permit Number 13075-001; 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.

(50) COMPANY: Ticona Polymers, Incorporated; DOCKET NUMBER: 2001-0087-AIR-E; IDENTIFIER: Air Account Number NE-0022-I; LOCATION: Bishop, Nueces County, Texas; TYPE OF FACILITY: synthetic chemical manufacturing; RULE VIOLATED: 30 TAC §101.20(1), §116.115(c), Permit Number 19997, 40 CFR §60.18(a), and the Code, §382.085(b), by failing to conduct a performance test and submit results for the Ibuprofen Unit scrubber stack; PENALTY: $1,800; ENFORCEMENT COORDINATOR: Sheila Smith, (512) 239-1670; REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5503, (361) 825-3100.

(51) COMPANY: Mr. Young J. Lee dba Times Market #18; DOCKET NUMBER: 2000-1132- PST-E; IDENTIFIER: PST Facility Identification Number 49910; LOCATION: Corpus Christi, Nueces 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 provide a method or combination of methods of release detection; 30 TAC §334.48(c), by failing to conduct effective manual or automatic inventory control; PENALTY: $4,000; ENFORCEMENT COORDINATOR: Audra Baumgartner, (361) 825-3100; REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5503, (361) 825-3100.

(52) COMPANY: Texas Department of Transportation; DOCKET NUMBER: None; IDENTIFIER: Facility Identification Numbers F0593, F0416, F0417, F0492, F0431, F0420, F0482, F0429, F0421, F0522, F0432, F0422, F0424, F0602, F0521, F0425, F0594, F0427, F0428, F0433, F0608, F0430, F0434, F0595, F0620, F0596, F0597, F0598, F0599, F0483, F0600, F0601, F0622, F0540, F0603, F0621, F0604, F0624, F0605, F0484, F0623, F0486, F0487, F0488, F0489, F0490, F0491, F0493, F0494, F0495, F0497, F0496, F0498, F0499, F0485, and Solid Waste Registration Number 75390; LOCATION: Benjamin, Munday, Quanah, Seymour, Bovina, Canyon, Childress, Clarendon, Claude, Darrouzett, Dimmit, Dumas, Gruver, McLean, Memphis, Pampa, Panhandle, Perryton, Stratford, Tulia, Vega, Wellington, Crockett, Shepherd, Beeville, George West, Goliad, Kingsville, Refugio, Robstown, Edcouch, Raymondville, Brownfield, Dickens, Floydada, Guthrie, Levelland, Littlefield, Lubbock, Matador, Muleshoe, Plains, Plainview, Post, Ralls, Tahoka, Lamesa, Seminole, Stanton, Rocksprings, San Antonio, Canton, Buffalo, and Morton; Knox, Hardeman, Baylor, Parmer, Randall, Childress, Donley, Armstrong, Lipscomb, Castro, Moore, Hansford, Gray, Hall, Carson, Ochiltree, Sherman, Swisher, Oldham, Collingsworth, Houston, San Jacinto, Bee, Live Oak, Goliad, Kleberg, Refugio, Nueces, Hidalgo, Willacy, Terry, Dickens, Floyd, King, Hockley, Lamb, Lubbock, Motley, Bailey, Yoakum, Hale, Garza, Crosby, Lynn, Dawson, Gaines, Martin, Edwards, Bexar, Van Zandt, Leon, and Cochran Counties, Texas; TYPE OF FACILITY: maintenance; RULE VIOLATED: 30 TAC §331.3 and 40 CFR §144.11, by failing to obtain authorization by an injection well permit, order or rule for the use and operation of Class V injection wells; 30 TAC §335.4 and the Code, §26.121, by allowing the discharge of waste or pollutants into or adjacent to water in the state, disposal of waste from vehicle maintenance activities, and unauthorized discharges of wastewater from vehicle and equipment washing at several locations; and 30 TAC §331.10 and 40 CFR §144.26, by failing to submit inventory information for Class V injection wells; PENALTY: $0; ENFORCEMENT COORDINATOR: Mac Vilas, (512) 239- 2557; REGIONAL OFFICE: 1977 Industrial Boulevard, Abilene, Texas 79602-7833, (915) 698-9674; 3918 Canyon Drive, Amarillo, Texas 79109-4933, (806) 353-9251; 3870 Eastex Freeway, Suite 110, Beaumont, Texas 77703-1892, (409) 898-3838; 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5503, (361) 825-3100; 1804 West Jefferson Avenue, Harlingen, Texas 78550-5247, (956) 425-6010; 4630 50th Street, Suite 600, Lubbock, Texas 79414-3520, (806) 796-7092; 3300 North A Street, Building 4, Suite 107, Midland, Texas 79705-5404, (915) 570-1359; 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096; 2916 Teague Drive, Tyler, Texas 75701- 3756, (903) 535-5100; and 6801 Sanger Avenue, Suite 2500, Waco, Texas 7710-7826, (254) 751- 0335.

(53) COMPANY: Wal-Mart Stores, Inc.; DOCKET NUMBER: 2000-1426-PST-E; IDENTIFIER: PST Facility Identification Number 4559; LOCATION: Plainview, Hale County, Texas; TYPE OF FACILITY: truck maintenance shop; RULE VIOLATED: 30 TAC §334.50(a)(1)(A) and the Code, §26.3475(c), by failing to provide a method or combination of methods of release detection; and 30 TAC §334.7(e)(2), by failing to properly register the USTs; PENALTY: $7,500; ENFORCEMENT COORDINATOR: Gary Shipp, (806) 796-7092; REGIONAL OFFICE: 4630 50th Street, Suite 600, Lubbock, Texas 79414-3520, (806) 796-7092.

(54) COMPANY: Woodridge Limited Partnership; DOCKET NUMBER: 2000-1270-MWD-E; IDENTIFIER: TPDES Permit Number 13474-001; LOCATION: Karnack, Harrison County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(a), TPDES Permit Number 13474-001, and the Code, §26.121, by failing to comply with permit limitations for five-day BOD, TSS, and DO content; PENALTY: $2,000; ENFORCEMENT COORDINATOR: Elnora Moses, (903) 535-5100; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-3100.

(55) COMPANY: W. Silver, Incorporated; DOCKET NUMBER: 2000-1273-AIR-E; IDENTIFIER: Air Account Number EE-0091-O; LOCATION: Vinton, El Paso County, Texas; TYPE OF FACILITY: rolled and fabricated steel manufacturing; RULE VIOLATED: 30 TAC §101.10 and the Code, §382.085(b), by failing to submit an emissions inventory questionnaire; PENALTY: $1,800; ENFORCEMENT COORDINATOR: Tom Jecha, (512) 239-2576; REGIONAL OFFICE: 401 East Franklin Avenue, Suite 560, El Paso, Texas 79901-1206, (915) 834-4949.

TRD-200102461

Paul Sarahan

Director, Litigation Division

Texas Natural Resource Conservation Commission

Filed: May 1, 2001


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

The Texas Natural Resource Conservation Commission (TNRCC or commission) staff is providing an opportunity for written public comment on the listed Agreed Orders (AOs) pursuant to Texas Water Code (TWC), §7.075. Section 7.075 requires that before the commission may approve the AOs, the commission 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 no later than the 30th day before the date on which the public comment period closes, which in this case is June 11, 2001 . Section 7.075 also requires that the commission promptly consider any written comments received and that the commission 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. 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 11, 2001 . 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: Hilltop Estates Water Supply Corp. dba Hilltop Estates Water Supply; DOCKET NUMBER: 1999-0494-PWS-E; TNRCC ID NUMBER: 610199; LOCATION: 9382 Green Springs Circle, Sanger, Denton County, Texas; TYPE OF FACILITY: public water system; RULES VIOLATED: §290.39(j), by failing to submit written notification to the executive director of changes or additions to the existing system which resulted in an increase in production, treatment, or storage capacity, specifically, adding storage capacity without notifying the executive director; §290.41(c)(1)(F), by failing to secure a sanitary control easement covering that portion of the land within 150-feet of the well location; §290.41(c)(3)(A), by failing to furnish a copy of the well completion data; §290.41(c)(3)(K), by failing to provide a properly screened well casing vent; §290.42(i), by failing to obtain certification from an organization accredited by the American National Standards Institute ("ANSI") that all chemicals used to treat water supplied to the water system conform to ANSI/National Sanitation Foundation standards; §290.43(c)(3), by failing to maintain the proper overflow on the ground storage tank; §290.38(24) and §290.43(e), by failing to install an intruder resistant fence that has three strands of barbed wire extending outward from the top of the fence at a 4° angle, specifically, the fence did not include barb wire on the top of the fence; §290.45(b)(1)(B)(iv), by failing to provide the minimum pressure tank capacity of 20 gallons per connection; §290.46(e) and Texas Health and Safety Code, §341.033(a), by failing to have a certified water works operator directly supervise the operation of the water system; §290.46(g), by failing to disinfect existing facilities when repairs were made; §290.46(p), by failing to inspect the ground storage tank and pressure tanks on an annual basis; §290.46(w), by failing to post a legible sign at each of its production, treatment, and storage facilities that provides the water supply's name and emergency telephone number; PENALTY: $4,938; STAFF ATTORNEY: John Sumner, Litigation Division, MC R-7, (915) 620-6118; REGIONAL OFFICE: Arlington Regional Office, 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 588- 5800.

(2) COMPANY: Petroleum Market Equipment, Inc. (PME); Dean Pump, Inc.; and Donald Preston Dean; DOCKET NUMBER: 1999-1246-PST-E; TNRCC ID NUMBER: 1379, 235, ILP000028; LOCATION: 4960 Washington Boulevard, Beaumont, Jefferson County, Texas; TYPE OF FACILITY: underground storage tank (UST) contractors; licensed on-site installer and supervisor; RULES VIOLATED: §335.4 and TWC, §26.121, by discharging industrial solid waste into or adjacent to the waters in the state; §§334.407(c), 334.424(b), and 334.55(a), by failing to comply with all applicable technical standards of 30 Texas Administrative Code, Chapter 334, Subchapter C, when respondents crushed and buried a used oil tank; §334.401(a), PME engaged in the removal and installation of USTs without possessing a valid UST Contractor certificate of registration; PENALTY: $4,500; STAFF ATTORNEY: Rich O'Connell, Litigation Division, MC 175, (512) 239-5528; REGIONAL OFFICE: Beaumont Regional Office, 3870 Eastex Fwy., Beaumont, Texas 77703-1892, (409) 892-2119.

TRD-200102463

Paul C. Sarahan

Director, Litigation Division

Texas Natural Resource Conservation Commission

Filed: May 1, 2001


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

The Texas Natural Resource Conservation Commission (TNRCC or commission) Staff is providing an opportunity for written public comment on the listed Shutdown Orders (SOs). Texas Water Code (TWC), §26.3475 authorizes the TNRCC to order the shutdown of any underground storage tank (UST) system found to be noncompliant with release detection, spill and overfill prevention, and/or, after December 22, 1998, cathodic protection regulations of the commission, until such time as the owner/operator brings the UST system into compliance with those regulations. The TNRCC staff proposes a SO after the owner or operator of a UST facility fails by to perform required corrective actions within 30 days after receiving notice of the release detection, spill and overfill prevention, and/or, after December 22, 1998, cathodic protection violations documented at the facility. Pursuant to TWC, §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 11, 2001 . The TNRCC will consider any written comments received and the TNRCC may withdraw or withhold approval of a SO if a comment discloses facts or consideration that indicate that the consent to the proposed SO 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 SO is not required to be published if those changes are made in response to written comments.

Copies of the proposed SO 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 SO should be sent to the attorney designated for the SO 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 11, 2001 . Written comments may also be sent by facsimile machine to the attorney at (512) 239-3434. The TNRCC attorneys are available to discuss the SO and/or the comment procedure at the listed phone numbers; however, comments on the SO should be submitted to the TNRCC in writing .

(1) COMPANY: Del Oil & Gas Company, Incorporated dba Bud's Quick Chek; DOCKET NUMBER: 2000-1238-PST-E; TNRCC ID NUMBER: 0030453, 41554; 13155; LOCATION: 5001 River Oaks Boulevard, River Oaks, Tarrant County, Texas; TYPE OF FACILITY: retail gasoline service station with underground storage tanks; RULES VIOLATED: §334.49(a) and TWC, §334.49(a), by failing to have installed a method of corrosion protection for the tank system; §334.50(b)(1)(A) and TWC, §26.3475, by failing to ensure that all tanks are monitored for releases at a frequency of at least once every month by using one of the release detection methods described in 30 Texas Administrative Code §334.50(d)(4) - (9); §334.51(b)(2)(C) and TWC, §26.3475, 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; PENALTY: $0; STAFF ATTORNEY: Elisa Roberts, Litigation Division, MC R-4, (817) 588-5877; REGIONAL OFFICE: Arlington Regional Office, 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 588-5800.

TRD-200102462

Paul C. Sarahan

Director, Litigation Division

Texas Natural Resource Conservation Commission

Filed: May 1, 2001


Notice of Water District Applications

NNP Grayson, LP, a Texas limited partnership, filed a petition for creation of FORT BEND COUNTY MUNICIPAL UTILITY DISTRICT NUMBER 130 with the Texas Natural Resource Conservation Commission (TNRCC). The petition was filed pursuant to Article XVI, Section 59 of the Constitution of the State of Texas; Chapters 49 and 54 of the Texas Water Code; 30 Texas Administrative Code Chapter 293; and the procedural rules of the TNRCC. The petition states that: (1) the petitioner is the owner of a majority in value of the land to be included in the proposed District; (2) the petition states that there is only one lienholder on the property to be included in the proposed district; (3) the proposed District will contain approximately 310.9835 acres located within Fort Bend County, Texas; and (4) the proposed District is within the extraterritorial jurisdiction of the City of Houston, Texas, and is not within such jurisdiction of any other city. By City of Houston Ordinance No. 2000-1119, the City of Houston, effective December 20, 2000, passed, approved and gave its consent to create District, and has given its authorization to initiate proceedings to create such political subdivision within its jurisdiction. The petition further states that the proposed District will (1) construct, acquire, maintain and operate a waterworks and sanitary sewer system for residential and commercial purposes; (2) construct, acquire, improve, extend, maintain and operate works, improvements, facilities, plants, equipment and appliances helpful or necessary to provide more adequate drainage for the property in the proposed District; and (3) control, abate and amend local storm waters or other harmful excesses of waters, as more particularly described in an engineer's report filed simultaneously with the filing of the petition. According to the petition, a preliminary investigation has been made to determine the cost of the project, and it is estimated by the petitioners, from the information available at this time, that the cost of said project will be approximately $13,300,000.

A petition has been filed for creation of TRAVIS COUNTY MUNICIPAL UTILITY DISTRICT NUMBER 14 with the Texas Natural Resource Conservation Commission (TNRCC). The petition was filed pursuant to Article XVI, Section 59 of the Constitution of the State of Texas; Chapters 49 and 54 of the Texas Water Code; 30 Texas Administrative Code Chapter 293; and the procedural rules of the TNRCC. The petition states that: (1) the petitioner is the owner of a majority in value of the land to be included in the proposed District; (2) there are three lienholders on the land to be included in the proposed district; (3) the proposed District will contain approximately 515.289 acres located within Travis County, Texas; and (4) approximately 50 acres of the proposed District is within the extraterritorial jurisdiction of the City of Elgin, Texas, and is not within such jurisdiction of any other city. By City of Elgin Resolution No. 2000-12-01, the City of Elgin, effective December 5, 2000, passed, approved and gave its consent to create District, and has given its authorization to initiate proceedings to create such political subdivision within its jurisdiction. The petition further states that the proposed District will (1) construct, acquire, maintain and operate a waterworks and sanitary sewer system for residential and commercial purposes; (2) construct, acquire, improve, extend, maintain and operate works, improvements, facilities, plants, equipment and appliances helpful or necessary to provide more adequate drainage for the property in the proposed District; and (3) control, abate and amend local storm waters or other harmful excesses of waters, as more particularly described in an engineer's report filed simultaneously with the filing of the petition. According to the petition, a preliminary investigation has been made to determine the cost of the project, and it is estimated by the petitioners, from the information available at this time, that the cost of said project will be approximately $20,385,000.

MUSTANG WATER SUPPLY CORPORATION has filed a petition with the Texas Natural Resource Conservation Commission (TNRCC) to convert Mustang Water Supply Corporation to Mustang Special Utility District and to transfer Certificate of Convenience and Necessity (CCN) No. 11856 from Mustang Water Supply Corporation to Mustang Special Utility District. Mustang Special Utility District's business address will be 5315 Highway 377 S. Suite B, Aubrey, Texas 76277. The petition was filed pursuant to Chapters 13 and 65 of the Texas Water Code; 30 Texas Administrative Code Chapters 291 and 293; and the procedural rules of the TNRCC. The nature and purpose of the petition are for the conversion of Mustang Water Supply Corporation and the organization, creation and establishment of Mustang Special Utility District under the provisions of Article XVI, Section 59, Texas Constitution, and Chapter 65 of the Texas Water Code, as amended. The District shall have the purposes and powers provided in Chapter 65 of the Texas Water Code and CCN No. 11856 shall be transferred as provided in Chapter 13, of the Texas Water Code, as amended. The nature of the services presently performed by Mustang Water Supply Corporation is to purchase, own, hold, lease and otherwise acquire sources of water supply; to build, operate and maintain facilities for the transportation of water; and to sell water to individual members, towns, cities, private businesses, and other political subdivisions of the State. The nature of the services proposed to be provided by Mustang Special Utility District is to purchase, own, hold, lease, and otherwise acquire sources of water supply; to build, operate, and maintain facilities for the storage, treatment, and transportation of water; and to sell water to individuals, towns, cities, private business entities and other political subdivisions of the State. Additionally, it is proposed that the District will protect, preserve and restore the purity and sanitary condition of the water within the District. It is anticipated that conversion will have no adverse effects on the rates and services provided to the customers. The proposed District is located in Denton County and will contain approximately 75,500 acres. CCN No. 11856 will be transferred after a positive confirmation election.

The TNRCC may grant a contested case hearing on this petition if a written hearing request is filed within 30 days after the 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) the name of the petitioner and the TNRCC Internal Control Number; (3) the statement "I/we request a contested case hearing"; (4) a brief description of how you would be affected by the petition in a way not common to the general public; and (5) the location of your property relative to the proposed district's boundaries. You may also submit your proposed adjustments to the petition which would satisfy your concerns. Requests for a contested case hearing must be submitted in writing to the Office of the Chief Clerk at the address provided in the information section below. The Executive Director may approve the petition unless a written request for a contested case hearing is filed within 30 days after the newspaper publication of this notice. If a hearing request is filed, the Executive Director will not approve the petition and will forward the petition and hearing request to the TNRCC Commissioners for their consideration at a scheduled Commission meeting. If a contested case hearing is held, it will be a legal proceeding similar to a civil trial in state district court.

Written hearing requests should be submitted to the Office of the Chief Clerk, MC 105, TNRCC, P.O. Box 13087, Austin, Texas 78711-3087. For information concerning the hearing process, please contact the Public Interest Counsel, MC 103, 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-200102408

LaDonna Castañuela

Chief Clerk

Texas Natural Resource Conservation Commission

Filed: April 26, 2001


Notice of Water Quality Applications

The following notices were issued during the period of April 2, 2001 through April 10, 2001.

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.

B & B INVESTMENTS INC. has applied for a new permit, Proposed Texas Pollutant Discharge Elimination (TPDES) Permit No. 14230-001, to authorize the discharge of treated domestic wastewater at a daily average flow not to exceed 75,000 gallons per day. The facility is located approximately 0.5 mile south of the intersection of Farm-to-Market Road 359 and Church Road in Waller County, Texas.

BASF CORPORATION which operates a plant manufacturing organic chemicals, monomers for synthetic fibers, acrylic monomers, drainage aid polymers, and other specialty chemicals, has applied for a major amendment to TPDES Permit No. 03977 to authorize the replacement of the effluent limitations and monitoring requirements for carbonaceous biochemical oxygen demand (5-day) with effluent limitations and monitoring requirements for total organic carbon at Outfall 001; to authorize the discharge of process wastewater typically discharged via Outfall 001 to other permitted outfalls at the facility (Outfalls 002, 003, 004, and 005); and to authorize the discharge of boiler and cooling tower blowdown and fire protection water via Outfalls 004 and 005, on an intermittent and flow variable basis. The current permit authorizes the discharge of treated process wastewater, treated domestic wastewater, utility wastewater (boiler and cooling tower blowdown), and storm water at a daily average flow not to exceed 5,413,000 gallons per day via Outfall 001; storm water, boiler and cooling tower blowdown, and fire protection water on an intermittent and flow variable basis via Outfalls 002 and 003; and storm water runoff on an intermittent and flow variable basis via Outfalls 004 and 005. The facility is located at 602 Copper Road, southwest of the intersection of State Highway 288/332 and State Highway 288B, northwest of the City of Freeport, Brazoria County, Texas.

BOOKER PACKING COMPANY has applied for a major amendment of Permit No. 02757 to authorize an increase in the irrigation area from 17 acres to 202 acres. The current permit authorizes the disposal of treated process washwater, kill floor washdown water, and holding pen wastewater at a daily maximum flow not to exceed 120,000 gallons per day via irrigation of 17 acres of land. The applicant operates a slaughterhouse and packing plant with associated rendering. This permit will not authorize a discharge of pollutants into waters in the State. The facility and disposal area are located at 910 East Industrial on the south side of State Highway 15 and Farm-to-Market Road 1265 in the City of Booker, Lipscomb County , Texas. The plant site and disposal area are located in the drainage basin of the North Fork of Kiowa Creek, in Segment No. 0100, of the Canadian River Basin.

CIBOLO CREEK MUNICIPAL AUTHORITY has applied for a major amendment to TPDES Permit No. 11269-001 to authorize the land application of sewage sludge for beneficial use on 168 acres. The current permit authorizes the land application of sewage sludge for beneficial use on 30 acres. The facility is located approximately 2.25 miles northeast of the center of Randolph Air Force Base on the south bank of Cibolo Creek in Bexar County, Texas. The sludge treatment works and sludge disposal site is located adjacent to the wastewater treatment facility. The treated effluent is discharged to Mid Cibolo Creek in Segment No. 1939 of the San Antonio River Basin.

CITY OF CROCKETT has applied for a renewal of TPDES Permit No. 10154-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 2,000,000 gallons per day. The draft permit authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 2,000,000 gallons per day. The facility is located on the west bank of Town Branch; approximately 2,000 feet north of the intersection of the Missouri-Pacific Railroad with State Loop 304 in Houston County, Texas.

DOME PETROCHEMICAL, L.C. has applied for a renewal of Permit No. TX0098604, which authorizes the discharge of treated process wastewater , treated cooling tower blowdown, and uncontaminated storm water runoff on a flow variable basis via Outfall 001. The applicant operates the Chambers Plant, an organic chemical and petroleum refining facility. The plant site is located at 6655 West Bay Road, adjacent and east of Cedar Bayou, approximately 2.5 miles south of State Highway 146 at Cedar Bayou Bridge, and northeast of the City of Baytown, Chambers Count, Texas. The effluent is discharged directly to Cedar Bayou Tidal, in Segment No. 0901 of the Trinity-San Jacinto Coastal Basin.

CITY OF ELSA has applied for a renewal of TPDES Permit No. 11510-002, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 800,000 gallons per day. The facility is located approximately 0.5 mile southwest of the intersection of Farm-to-Market Road 1925 and State Highway 88 in Hidalgo County, Texas.

CITY OF EMORY has applied for a Texas Pollutant Discharge Elimination System (TPDES) wastewater permit. The applicant has an existing Texas Natural Resource Conservation Commission (TNRCC) Permit No. 10082-002. The draft permit authorizes the discharge of filter backwash at a daily average flow not to exceed 44,000 gallons per day. The plant site is located at Freebridge Road, approximately 2,000 feet west of Freebridge Road and one mile south of Farm-to-Market Road and one mile south of Farm-to-Market Road 35 in the City of East Tawakoni in Rains County, Texas.

ENTERPRISE PRODUCTS OPERATING L.P. which operates a natural gas liquids fractionator has applied for a renewal of TNRCC Permit No. 02940 which authorizes the discharge of treated process wastewater, treated stor water, treated domestic wastewater, cooling tower blowdown, and filter backwash at a daily average flow not to exceed 213,000 gallons per day via Outfall 001; non-contact cooling water, cooling tower blowdown and filter backwash at a daily average flow not to exceed 250,000 gallons per day via Outfall 002; and untreated storm water on an intermittent and flow variable basis via Outfall 003. The facility is located at 10207 Farm-to-Market Road (FM) 1942 (approximately one mile west of State Highway 146, bounded on the west side by Hatcherville Road, on the east side by the Southern Pacific Railroad, on the north by the CIWA Canal, and on the south by FM 1942) in the City of Mont Belvieu, Chambers County, Texas.

CITY OF GRAPELAND has applied for a major amendment of TNRCC Permit No.10181- 002 to authorize an increase in the discharge of treated domestic wastewater from a daily average flow not to exceed 200,000 gallons per day to a daily average flow not to exceed 300,000 gallons per day. The facility is located east of U.S. Highway 287, approximately 1,000 feet north of the intersection of U.S. Highway 287 and Farm-to-Market Road 2423 in Houston County, Texas.

HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 58 has applied for a minor amendment to Texas Pollutant Discharge Elimination System (TPDES) Permit No. 11941-001 to authorize the inclusion of an interim phase for a daily average flow not to exceed 250,000 gallons per day. The existing permit authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 600,000 gallons per day. The facility is located approximately 1,100 feet west of Kuykendahl Road and 2,250 feet south of Farm-to-Market Road 1960 on the north and south sides of Bammel Village Drive in Harris County, Texas.

CITY OF HUDSON has applied for a renewal of TNRCC Permit No.11826-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 550, 000 gallons per day. The facility is located approximately 0.8 mile east of the intersection of State Highway 94 and Farm-to-Market Road 3258 and approximately 0.8 mile south of the intersection of State Highway 94 and Farm-to-Market Road 706 in Angelina County, Texas.

CITY OF IREDELL has applied for a renewal of TNRCC Permit No. 11565-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 50,000 gallons per day. The facility is located approximately 700 feet east of the intersection of Kidd Street and Meridian Street, approximately 1000 feet south of the North Bosque River on the east side of the City of Iredell in Bosque County, Texas.

CITY OF LAGO VISTA has applied for a major amendment to TNRCC Permit No. 11752- 001 to authorize the discharge of treated domestic wastewater from a daily average flow not to exceed 300,000 gallons per day to a daily average flow not to exceed 500,000 gallons per day. The City is requesting to treat a design flow of 500,000 gallons per day with the additional 200,000 gallons per day to be disposed of by irrigation with no-discharge of the additional flow. The plant site is located west of Country Club Drive and Lago Vista Golf Course on the east shore of Lake Travis in Lago Vista, approximately 5 miles west of Jonestown in Travis County, Texas.

MAHARD EGG FARMS, INC. has applied to the TNRCC for a new permit, Proposed Permit No. 04043 to authorize the disposal of process wastewater at a daily average flow not to exceed 4000 gallons per day via evaporation and irrigation etc. of 80 acres.. The applicant proposes to operate an egg farm. This permit will not authorize a discharge of pollutants into waters in the State. The facility and disposal area are located approximately 1.6 miles north of the intersection of County Road 90N and Texas Farm-to-Market Road 2379, on the east side of County Road 90N, Wilbarger County, Texas. The plant site and disposal area are located in the drainage basin of , in Segment No. 0206, of the Red River Above Pease River.

MATAGORDA GROUP L.P. has applied for a renewal of TPDES Permit No. 13946-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 12,500 gallons per day. The facility is located 3,250 feet southwest of the end of State Highway 185 and adjacent to Commerce Street in the City of Port O' Connor in Calhoun County, Texas.

QUAIL CREEK MUNICIPAL UTILITY DISTRICT has applied for a renewal of TPDES Permit No. 12226-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 220,000 gallons per day. The facility is located approximately 2.5 miles west of the intersection of U.S. Highway 59 and U.S. Highway 77 in Victoria County, Texas.

CITY OF SWEENY has applied for a renewal of TNRCC Permit No.10297-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 975,000 gallons per day. The facility is located at the north end of Avenue A, on the west bank of the San Bernard River, approximately two miles northeast of the City of Sweeny and approximately three miles southeast of the intersection of State Highway 35 and Farm-to-Market Road 1459 in Brazoria County, Texas.

CITY OF TATUM has applied for a renewal of TPDES Permit No.10850-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 410,000 gallons per day. The facility is located approximately 4,000 feet southwest of the intersection of State Highway 43 and State Highway 149 in Rusk County, Texas.

TRD-200102409

LaDonna Castañuela

Chief Clerk

Texas Natural Resource Conservation Commission

Filed: April 26, 2001


Notice of Water Quality Applications

The following notices were issued during the period of April 9, 2001 through April 23, 2001.

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.

AES WOLF HOLLOW, L.P. which proposes to operate the Wolf Hollow Power Plant, a combined cycle electric power generating facility, has applied for a new permit, proposed Texas Pollutant Discharge Elimination System (TPDES) Permit No. 04288, to authorize the discharge of cooling tower blowdown and low volume wastewater at a daily average flow not to exceed 1,100,000 gallons per day via Outfall 001. The facility is located at the intersection of Wolf Hollow Court and Farm-to-Market Road 2425, approximately 1.1 miles east of the intersection Farm-to-Market Road 2425 and State Highway 144, Hood County, Texas.

CITY OF ADRIAN has applied for a renewal of Permit No. 12364-001, which authorizes the disposal of treated domestic wastewater at a daily average flow not to exceed 25,000 gallons per day via surface irrigation of 8 acres of pastureland. The facility and disposal site are located approximately 1.1 miles north-northwest of the intersection of Interstate Highway 40 and Farm- to-Market Road 290; 1 mile north of the City of Adrian adjacent to the Matador Ranch Road in Oldham County, Texas.

AQUASOURCE UTILITY, INC. has applied for a major amendment to TNRCC Permit No. 12109-001 to authorize an increase in the discharge of treated domestic wastewater from a daily average flow not to exceed 77,000 gallons per day to a daily average flow not to exceed 110,000 gallons per day. The facility is located north of Orange, at a point approximately 1200 feet east and 1600 feet north of the intersection of State Highway 87 and Farm-to-Market Road 1130 in Orange County, Texas. The treated effluent is discharged to Little Cypress Bayou; thence into the Sabine River Tidal in Segment No. 0501 of the Sabine River Basin.

BROWNSVILLE NAVIGATION DISTRICT which operates a marine cargo handling facility at the Port of Brownsville, has applied for a renewal of Permit No. 02597, which authorizes the disposal of wastewater consisting of ballast water and bilge water from ocean- going vessels, and other wastewater containing spilled hydrocarbon and vegetable oils via two evaporation ponds. This permit will not authorize a discharge of pollutants into waters in the State. The facility and disposal area are located on the north side of State Highway 48 at points approximately 1.4 miles (Pit No. 2) and 2.2 miles (Pit No. 1) east of the intersection of State Highway 48 with Farm-to-Market Road 511, northeast of the City of Brownsville, Cameron County, Texas.

CONTINENTAL CUT STONE, INC. which operates a plant that fabricates limestone for specialty applications, has applied for a new permit, Proposed Permit No. 04151 to authorize the disposal of process wastewater on an intermittent and flow variable basis via evaporation. The facility and disposal area are located at 460 County Road 219, 1.5 miles west of the intersection of Farm-to-Market Road 195 and Farm-to-Market Road 970 in the City of Florence, Williamson County, Texas.

DONOHUE INDUSTRIES, INC. which operates the Sheldon Mill (a fully integrated pulp and paper mill), has applied for a major amendment to TNRCC Permit No. 01160 to increase the temperature limitations for Outfall 001, change biochemical oxygen demand 5-day (BOD) effluent limitations to carbonaceous biochemical oxygen demand 5-day (CBOD) effluent limitations at Outfall 001, remove effluent monitoring requirements for adsorbable organic halogens and dioxins, and remove the annual dioxin fish tissue study at Outfall 001. The current permit authorizes the discharge of treated process wastewater, utility wastewater, and treated domestic sewage at a daily average flow not to exceed 19,640,000 gallons per day via Outfall 001, and storm water runoff on an intermittent and flow variable basis via Outfalls 002, 003, and 004. The facility is located at 11611 5th Street, north of Old Highway 90, between Sheldon Road and the San Jacinto River in the City of Sheldon, Harris County, Texas.

E.I. DU PONT DE NEMOURS AND COMPANY, INC. which operates its Corpus Christi Plant, which manufactures industrial organic and inorganic chemicals, has applied for a major amendment to TNRCC Permit No. 01651 to authorize an increase in the discharge of process wastewater, domestic wastewater, utility water, groundwater, laboratory wastewater, dismantling operation wastewater, and storm water from a daily average flow not to exceed 3,100,000 gallons per day to a daily average flow not to exceed 4,610,000 gallons per day via Outfall 001; to remove effluent limitations and monitoring requirements for total silver at Outfall 001; to reduce the frequency of monitoring requirements for certain pollutants at Outfall 001; and to modify the biomonitoring ion adjustment protocol at Outfall 001. The current permit authorizes the discharge of process wastewater, domestic wastewater, utility water, groundwater, laboratory wastewater, dismantling operation wastewater, and storm water at a daily average flow not to exceed 3,100,000 gallons per day via Outfall 001, and storm water on an intermittent and flow variable basis via Outfall 002. The facility is located on the south side of State Highway 361, approximately 1.25 miles west of the intersection of State Highway 361 and State Highway 35, southeast of the City of Gregory, San Patricio County, Texas.

ENCYCLE/TEXAS, INC. which operates a metals reclamation facility, has applied for a major amendment to TNRCC Permit No. 00314 to authorize an increase in the discharge of treated process wastewater, treated domestic sewage, and treated storm water runoff from a daily average flow not to exceed 500,000 gallons per day to a daily average flow not to exceed 750,000 gallons per day via Outfall 001; authorize the discharge of treated laboratory wastewater via Outfall 001; increase effluent limitations for all limited parameters at Outfall 001; and reduce the monitoring frequencies for total organic carbon, ammonia-nitrogen, phenols, sulfides, cyanide, total chromium, total zinc, and biomonitoring at Outfall 001. The current permit authorizes the discharge of treated process wastewater, treated domestic sewage, and treated storm water runoff at a daily average flow not to exceed 500,000 gallons per day via Outfall 001; and storm water on an intermittent and flow variable basis via Outfall 002, which will remain the same. Issuance of this Texas Pollutant Discharge Elimination System (TPDES) permit will replace the existing NPDES Permit No. TX0003191 issued on June 20, 1997 and TNRCC Permit No. 00314, issued on August 22, 1997. The facility is located at 5500 Up River Road in the City of Corpus Christi, Nueces County, Texas.

GULBRANDSEN TECHNOLOGIES, INC. which operates an aluminum chloride manufacturing plant, has applied to the Texas Natural Resource Conservation Commission (TNRCC) for a renewal of TRNCC Permit No. 01785, which authorizes the discharge of process water, cooling water, treated domestic wastewater, and storm water at a daily average flow not to exceed 100,000 gallons per day via Outfall 001; and storm water on an intermittent and flow variable basis via Outfall 002. The facility is located north of, and adjacent to Strang Road, approximately 0.5 mile east of the intersection of Strang Road and U.S. Highway 225, in the City of La Porte, Harris County, Texas.

CITY OF HENRIETTA has applied for a renewal of TNRCC Permit No. 10454-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 245,000 gallons per day. The facility is located approximately 1,800 feet west of Farm-to- Market Road 1197, approximately 4,700 feet northwest of U.S. Highway 82 and Farm-to-Market Road 1197 intersection at Bridge and Omega Streets, northwest of the City of Henrietta in Clay County, Texas.

CITY OF HOUSTON, DEPARTMENT OF PUBLIC WORKS AND ENGINEERING has applied for a renewal of TNRCC Permit No. 10495-135, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 3,500,000 gallons per day. The draft permit authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 3,500,000 gallons per day. The facility is located at 16,500 Park Row in Park Ten Municipal Utility District in Harris County, Texas.

CITY OF MATADOR has applied for a renewal of Permit No. 10111-001, which authorizes the disposal of treated domestic wastewater at a daily average flow not to exceed 60,000 gallons per day via evaporation of 4.6 acres of storage ponds. The facility and disposal site are located approximately 1.8 miles northwest of the intersection of U.S. Highways 62 and 70 and Farm-to- Market Road 1380 and approximately 1.8 miles southwest of the intersection of Farm-to-Market Roads 1380 and 94 in Motley County, Texas.

MEADOW VIEW PARK, LTD. has applied for a new permit, proposed Texas Pollutant Discharge Elimination System (TPDES) Permit No. 14153-001, to authorize the discharge of treated domestic wastewater at a daily average flow not to exceed 240,000 gallons per day. The facility is located approximately 3 miles west-southwest of the intersection of State Highway 78 and State Highway 465 in Guadalupe County, Texas.

NORTHWEST HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 19 has applied for a major amendment to TPDES Permit No. 12153-001 to authorize an increase in the discharge of treated domestic wastewater from a daily average flow not to exceed 100,000 gallons per day to a daily average flow not to exceed 250,000 gallons per day. The treated effluent is discharged to discharged to Harris County Flood Control Ditch No. M-104-00-00; thence to Willow Creek; thence to Spring Creek in Segment No. 1008 of the San Jacinto River Basin

SILICA PRODUCTS, INC. which operates a synthetic fused silica manufacturing plant, has applied for a new permit, proposed Texas Pollutant Discharge Elimination System (TPDES) Permit No. 04260, to authorize the discharge of process wastewater, utility wastewater, domestic wastewater, and storm water at a daily average flow not to exceed 636,000 gallons per day via Outfall 001; and non-process area storm water on an intermittent and flow variable basis via Outfall 002. The facility is located at 5640 Highway 332 East, approximately 1.0 mile south/southwest of Chubb Lake, approximately 1.5 miles northwest of the intersection of State Highway 332 and Farm-to-Market Road 523, and 2.5 miles north of the City of Freeport, Brazoria County, Texas.

SOUTHERN CLAY PRODUCTS, INC .which operates the Gonzales Mill, a bentonite clay processing plant, has applied for a renewal of Permit No. 02655, which authorizes the disposal of wastewater generated from clay mining and processing at a daily average flow not to exceed 300,000 gallons per day via irrigation of two disposal sites with a combined area of 543 acres. This permit will not authorize a discharge of pollutants into waters in the State. The facility is located within the City of Gonzales at 1212 Church Street, Gonzales County, Texas. The two disposal sites are located adjacent to U.S. Highway 90A, five (5) miles east of the mill (Helms Site) and four (4) miles east of the mill (Burleson Site).

TENNESSEE PIPELINE CONSTRUCTION CO. has applied for a new permit, proposed Texas Pollutant Discharge Elimination System (TPDES) Permit No. 14228-001, to authorize the discharge of treated domestic wastewater at a daily average flow not to exceed 60,000 gallons per day. The facility is located at the Cuddihy Airfield, approximately 1.5 miles southwest of the intersection of Farm-to-Market Road 665 and Farm-to-Market Road 763, west of the City of Corpus Christi in Nueces County, Texas.

TEXAS ARAI, INC. which operates a metal pipe coupling plant and metal electroplating facility, has applied for a renewal of TNRCC Permit No. 03014, which authorizes the discharge of treated process wastewater at a daily average flow not to exceed 36,000 gallons per day via Outfall 001. The facility is located at 8204 Fairbanks North Houston Road in the City of Houston, Harris County, Texas.

Concentrated Animal Feeding Operation

Written comments and requests for a public meeting may be submitted to the Office of the Chief Clerk, WITHIN 30 DAYS OF THE DATE OF NEWSPAPER PUBLICATION OF THIS NOTICE.

BRADECO, INC has applied for a renewal of Permit No. 03269 to authorize the applicant to operate an existing dairy operation at a maximum capacity of 995 head in Erath County, Texas. The existing facility is located on the north side of State Highway 67, 3.5 miles east of the intersection of Farm-to-Market Road 2481 and State Highway 67 in Erath County, Texas.

CARRIZO FEEDERS, INC has applied for an amendment of TPDES Registration No. 01653 to authorize the applicant to expand an existing beef cattle facility from a maximum capacity of 14,000 to 18,268 head in Dimmit County, Texas. The existing facility is located approximately 1 mile north of State Highway 85 at a point approximately 6 miles northeast of the City of Carrizo Springs, Dimmit County, Texas.

DEAN CLUCK CATTLE CO. LTD has applied for a major amendment to TPDES Registration No. 03795 to authorize the applicant to expand an existing Beef Cattle Feedlot from a maximum capacity of 26,000 head to 50,000 head in Sherman County, Texas. The existing facility is located on Sherman County Road W approximately one-half mile west of the intersection of County Road W and Farm-to-Market Road 1573 and this intersection being approximately three miles north of the intersection of Farm-to-Market Road 1573 and Farm-to- Market Road 1060 in Sherman County, Texas.

JOHAN DEBOER has applied for an amendment of TPDES Registration No. 4090 to authorize the applicant to expand an existing dairy facility from a maximum capacity of 450 to 900 head in Erath, County, Texas. The existing facility is located on the west end of County Road 418, which is 0.5 miles west on County Road 529 from the intersection of County Road 529 and Farm-to-Market Road 219, said intersection being 5 miles north of the intersection of Farm-to-Market Road 219 and State Highway 377 in Erath County, Texas.

HAR-TEX CATTLE COMPANY has applied for an amendment of TPDES Permit No. 01666 to authorize the applicant to expand an existing beef cattle Feedlot facility from a maximum capacity of 4500 to 6000 head in Cameron County, Texas. The facility is located on the north side of Farm-to-Market Road 106 approximately 5 miles east of the intersection of Farm-to-Market Roads 106 and 1595 in Harlingen, Cameron County, Texas.

LARRY H. AND BETTY J. PAUL AND ENCINO CATTLE COMPANY have applied for an amendment of TPDES Registration No. 01475 to authorize changes in the retention control structures. The existing beef cattle facility will remain at a maximum capacity of 45,000 head in Cochran County, Texas. The existing facility is located approximately 0.5 miles north of State Highway 114 at a Point approximately 6.5 miles southwest of the City of Morton, Cochran County, Texas.

HENDRICK KLAAS POSTMUS AND CYNTHIA GRACE TYE has applied for an amendment of TPDES Registration No. 01724 to authorize the applicant to convert an existing beef cattle feedlot authorized to operate at a maximum of 2,000 head to a dairy operating at a maximum capacity of 6,000 head in Hale County, Texas. The amendment requires the addition of one retention control structure. The existing facility is located approximately 0.5 mile west of Farm-to-Market Road 789 and 1.5 miles south of U.S. Highway 70 at a point approximately 3.5 miles east/southeast of the Plainview, Hale County, Texas.

SEABOARD FARMS, INC has applied for a new TPDES Registration No. 04311 to authorize the applicant to operate a new swine facility at a maximum capacity of 88,200 head in Moore and Hutchinson Counties, Texas. The proposed facility will be located approximately 12.4 miles northwest of Stinnett, Texas on the east side of Ranch Road 1060 , at a point approximately 3/4 mile from Morton Grain Elevator in Moore and Hutchinson Counties, Texas.

CLIFF A. SKILES, JR. has applied for an amendment of TPDES Registration/Permit No. 04147 to authorize the applicant to expand an existing dairy cattle facility from a maximum capacity of 5,000 to 26,000 head in Deaf Smith County, Texas. Expansion includes the addition of one RCS and 1751 acres of land application areas. The proposed facility will be located 15 miles north of Hereford, Texas; 3 miles south on U.S. Highway 385 and one mile east on County Road 21 from the intersection of U.S. Highway 385 and Farm-to-Market Road 2587 in Deaf Smith County, Texas.

FRANK VOLLEMAN has applied for an amendment of TPDES Registration No. 03226 to authorize the applicant to expand an existing dairy facility from a maximum capacity of 990 to 4,000 head in Comanche County, Texas. The existing facility is located on the west side of County Road 252, 1.5 miles south of the intersection of County Road 252 and Farm-to Market Road 2486, said intersection being 3.3 miles east of the intersection of Farm-to-Market Road 2486 and Farm-to-Market Road 1476 in Gustine, Comanche County, Texas.

HARMAN WATERLANDER has applied for a new TPDES Registration No. 04328 to authorize the applicant to operate a new dairy at a maximum capacity of 2,375 head in Bailey County, Texas. The proposed facility is located on unpaved County Road 1018 approximately 1.5 miles west of the intersection of Highway 214 and County Road 1018 in Bailey County , Texas.

TRD-2001002518

LaDonna Castañuela

Chief Clerk

Texas Natural Resource Conservation Commission

Filed: May 2, 2001


Notice of Water Rights Applications

JESUS A. AND GLORIA T. HERNANDEZ, P.O. Box 1251, Presidio, Texas, 79845-1251, applicant, seeks to amend Certificate of Adjudication No. 23-979, pursuant to Texas Water Code (TWC) §11.122, and Texas Natural Resource Conservation Commission Rules 30 TAC §§295.1, et seq. Applicants own Certificate of Adjudication No. 23-979, which authorizes the diversion and use of not to exceed 52 acre-feet of water per annum at a maximum diversion rate of 4.5 cfs (2,000 gpm) from the Rio Grande, Rio Grande Basin in Presidio County for irrigation of 13 acres of land out of a larger tract described as that land between FM 170 and the Rio Grande in the C. Acosta Survey 19, Abstract No 34, Presidio County. Applicants seek to move their diversion point approximately 28 river miles upstream, to a point bearing N 25° W 200 feet from the southernmost corner of Section 323, Roman Jimenez, with no changes to diversion amount or rate. Applicants also seek to change the place of use to irrigate 16 acres out of the aforementioned Section.

Written public comments and requests for a public meeting should be submitted to the Office of Chief Clerk, at the address provided in the information section below, by May 9, 2001. A public meeting is intended for the taking of public comment, and is not a contested case hearing. A public meeting will be held if the Executive Director determines that there is a significant degree of public interest in the application.

The TNRCC may grant a contested case hearing on this application if a written hearing request is filed by May 9, 2001. The Executive Director may approve the application unless a written request for a contested case hearing is filed. 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 proposed conditions for the requested permit which would satisfy your concerns. Requests for a contested case hearing must be submitted in writing to the 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 permit and will 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, Texas 78711-3087. For information concerning the hearing process, please contact the Public Interest Counsel, MC 103, 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-200102407

LaDonna Castañuela

Chief Clerk

Texas Natural Resource Conservation Commission

Filed: April 26, 2001


Notice of Water Rights Applications

ERWIN C. KLEMSTEIN (applicant) c/o Robert C. Klemstein, attorney-in-fact, 131 River Bend Road, Comfort, Texas 78023 seeks an amendment to Certificate of Adjudication No. 18- 2050, pursuant to §11.122, Texas Water Code and Texas Natural Resource Conservation Commission Rules 30 TAC §§295.1, et seq. Certificate of Adjudication No. 18-2050 authorizes owner to divert and use not to exceed 136 acre-feet of water per annum from a specific point on the Guadalupe River, in the Guadalupe River Basin at a maximum rate of 1.5 cfs (650 gpm) to irrigate a maximum of 68 acres of land in the Jose Anto de la Garza Survey 15, Abstract No. 177, Kendall County, Texas. The certificate has a time priority of 1955. Pursuant to a "Water Rights Conveyance Based on a Lease Contract Agreement for Use of Surface Water of the State" between the owner and River Crossing Golf LTD., dated February 23, 2001, applicant seeks to amend Certificate of Adjudication No. 18- 2050 to add a downstream diversion point and lands to be irrigated. The proposed additional diversion point is approximately 0.25 mile east of the Hwy 281 crossing of the Guadalupe River, at a point N 04 W, 12,600 feet from the southeast corner of the William G. Strawn Survey, Abstract No. 555, Comal County, Texas, also being at 29.5135 N, Latitude and 98.3883 W, Longitude. The additional lands to be irrigated are described as being 297.23 acres of land, owned by River Crossing Golf LTD., in the Wm. G. Strawn Survey, Abstract No. 555, Comal County, Texas. This land is approximately 4.7 miles east-northeast of comfort, Texas, 19.5 miles northwest of New Braunfels, Texas and is approximately 50 river miles downstream of the tract currently included in the certificate. This amendment will be in effect for the ten years term or extension thereafter of the aforesaid contract agreement. This notice is being sent to the 34 owners of the 26 water rights with a diversion point in the Guadalupe River Watershed between the existing diversion point and the proposed additional diversion point. Should the requested amendment be granted, it will be junior in time priority to the aforesaid 26 water right holders and will be subject to administrative requirements of the South Texas Watermasters office.

Written public comments and requests for a public meeting should be submitted to the Office of the Chief Clerk, at the address provided in the information section below by May 20, 2001. A public meeting is intended for the taking of public comment, and is not a contested case hearing. A public meeting will be held if the Executive Director determines that there is a significant degree of public interest in the application.

The TNRCC may grant a contested case hearing on this application if a written hearing request is filed by May 20, 2001. The Executive Director can consider an approval of the application unless a written request for contested case hearing is filed by May 20, 2001. To request a contested case hearing, you must submit the following: (1) your name (or for a group or association, an official representative), a 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 address 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, Texas 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 the 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-200102517

LaDonna Castañuela

Chief Clerk

Texas Natural Resource Conservation Commission

Filed: May 2, 2001


Public Utility Commission of Texas

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

On April 23, 2001, Williams Local Network, Inc. filed an application with the Public Utility Commission of Texas (commission) to amend its service provider certificate of operating authority (SPCOA) granted in SPCOA Certificate Number 60346. Applicant intends to (1) reflect a corporate restructuring; (2) reflect a change in ownership/control; and (3) change its name.

The Application: Application of Williams Local Network, Inc. for an Amendment to its Service Provider Certificate of Operating Authority, Docket Number 23880.

Persons with questions about this docket, or who wish to intervene or otherwise participate in these proceedings should make appropriate filings or comments to the Public Utility Commission of Texas, P.O. Box 13326, Austin, Texas 78711-3326 no later than May 16, 2001. You may contact the commission's Customer Protection Division at (512) 936-7120. Hearing and speech- impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Docket Number 23880.

TRD-200102404

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: April 25, 2001


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

On April 26, 2001, People Link by TCI filed an application with the Public Utility Commission of Texas (commission) to amend its service provider certificate of operating authority (SPCOA) granted in SPCOA Certificate Number 60153. Applicant intends to (1) change the name of the holder; (2) reflect change in control; and (3) relinquish its SPCOA in favor of a Certificate of Operating Authority.

The Application: Application of People Link by TCI for an Amendment to its Service Provider Certificate of Operating Authority, Docket Number 24021.

Persons with questions about this docket, or who wish to intervene or otherwise participate in these proceedings should make appropriate filings or comments to the Public Utility Commission of Texas at P.O. Box 13326, Austin, Texas 78711-3326 no later than May 16, 2001. You may contact the commission's Customer Protection Division at (512) 936-7120. Hearing and speech- impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Docket Number 24021.

TRD-200102497

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: May 1, 2001


Notice of Application for Service Provider Certificate of Operating Authority

Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) of an application on April 25, 2001, 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 TalkingNets Holdings-Texas, LP for a Service Provider Certificate of Operating Authority, Docket Number 24011 before the Public Utility Commission of Texas.

Applicant intends to provide plain old telephone service, and long distance services.

Applicant's requested SPCOA geographic area includes the area of Texas currently served by Southwestern Bell Telephone Company and Verizon Southwest, Inc.

Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas, P.O. Box 13326, Austin, Texas 78711-3326, or call the commission's Customer Protection Division at (512) 936-7120 no later than May 16, 2001. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136.

TRD-200102405

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: April 25, 2001


Notice of Application for Waiver to Requirements in P.U.C. Substantive Rule §26.25

Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) of an application on April 20, 2001, for waiver of certain requirements of P.U.C. Substantive Rule §26.25, Issuance and Format of Bills.

Docket Title and Number: Application of VarTec Telecom, Inc. (VarTec) for Temporary Waiver of Certain Provisions of the Bill Formatting Requirements in P.U.C. Substantive Rule §26.25. Docket Number 24012.

The Application: VarTec is requesting a temporary waiver of the implementation deadline, from February 15, 2001 to August 1, 2001, with respect to P.U.C. Substantive Rule §26.25(e)(1)(C), §26.25(e)(3)(B), and §26.25(e)(8). VarTec asserts that it is diligently working to further analyze the requirements of P.U.C. Substantive Rule §26.25 in order to determine any necessary revisions to the company's billing statements.

Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas, by mail at P.O. Box 13326, Austin, Texas, 78711-3326, or call the commission's Customer Protection Division at (512) 936-7120 or toll free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. All comments should reference Docket Number 24012.

TRD-200102492

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: May 1, 2001


Notice of Application for Waiver to Requirements in P.U.C. Substantive Rule §26.25

Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) of an application on April 25, 2001, for waiver of certain requirements of P.U.C. Substantive Rule §26.25, Issuance and Format of Bills.

Docket Title and Number: Application of South Plains Telephone Cooperative, Inc. (SPTC) for Temporary Waiver of Certain Provisions of the Bill Formatting Requirements in P.U.C. Substantive Rule §26.25. Docket Number 24014.

The Application: SPTC is requesting a temporary waiver of the implementation deadline, from February 15, 2001 to August 15, 2001, with respect to P.U.C. Substantive Rule §26.25(e)(1)(C), §26.25(e)(1)(D), and §26.25(e)(8). SPTC asserts that it is currently unable to comply with all the requirements contained in the rule due to programming problems encountered by the cooperative's billing vendor.

Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas, by mail at P.O. Box 13326, Austin, Texas, 78711-3326, or call the commission's Customer Protection Division at (512) 936-7120 or toll free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. All comments should reference Docket Number 24014.

TRD-200102494

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: May 1, 2001


Notice of Docketing Capacity Auction Proceeding as Contested Case and Prehearing Conference

Notice is given to the public of the docketing of P.U.C. Docket Number 23774 relating to the implementation of the capacity auction as a contested case pursuant to Public Utility Commission Substantive Rule §25.381 and §39.003 and §39.153 of the Public Utility Regulatory Act (PURA).

Docket Title and Number: PUC Proceeding to Implement the Capacity Auction Rule , Docket Number 23774 before the Public Utility Commission of Texas. The deadline for intervention and date for submission of a list of issues to be addressed in this docket is May 21, 2001. Notice is also given of a prehearing conference to be held on May 22, 2001, at 9:30 a.m. in The Commissioners' Hearing Room, located on the 7th floor of the William B. Travis Building, 1701 North Congress Avenue, Austin, Texas, 78701.

Persons with questions about this proceeding should contact the Public Utility Commission of Texas, Customer Protection Division, P.O. Box 13326, Austin, Texas 78711-3326, or call the commission's Customer Protection Division at (512) 936-7120. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136 or toll-free through Relay Texas at (800) 735-2988.

TRD-200102503

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: May 2, 2001


Public Notice of Amendment to Interconnection Agreement

On April 25, 2001, Southwestern Bell Telephone Company, AT&T Communications of Texas, LP, TCG Dallas, and Teleport Communications Houston, 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 & Supplement 2001) (PURA). The joint application has been designated Docket Number 24013. 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 24013. As a part of the comments, an interested person may request that a public hearing be conducted. The comments, including any request for public hearing, shall be filed by May 24, 2001, 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 Customer Protection Division at (512) 936-7120 or toll free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Docket Number 24013.

TRD-200102493

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: May 1, 2001


Public Notice of Intent to File Pursuant to P.U.C. Substantive Rule §26.214

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 §26.214

Docket Title and Number. United Telephone Company of Texas doing business as Sprint for Approval of LRIC Study for Call Waiting ID as a separate stand-alone feature pursuant to P.U.C. Substantive Rule §26.214 on or about May 4, 2001, Docket Number 24019.

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 24019. Written comments or recommendations should be filed no later than 45 days after the date of a sufficient study and should be filed at the Public Utility Commission of Texas, 1701 North Congress Avenue, P. O. Box 13326, Austin, Texas 78711-3326. You may call the commission's Customer Protection Division at (512) 936-7120. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136.

TRD-200102495

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: May 1, 2001


Public Notice of Intent to File Pursuant to P.U.C. Substantive Rule §26.214

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 §26.214

Docket Title and Number. Central Telephone Company of Texas doing business as Sprint for Approval of LRIC Study for Call Waiting ID as a separate stand-alone feature Pursuant to P.U.C. Substantive Rule §26.214 on or about May 4, 2001, Docket Number 24020.

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 24020. Written comments or recommendations should be filed no later than 45 days after the date of a sufficient study and should be filed at the Public Utility Commission of Texas, 1701 North Congress Avenue, P. O. Box 13326, Austin, Texas 78711-3326. You may call the commission's Customer Protection Division at (512) 936-7120. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136.

TRD-200102496

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: May 1, 2001


Public Notice of Interconnection Agreement

On April 20, 2001, SBC Advanced Solutions, Inc. and Logix Communications Corporation, 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 & Supplement 2001) (PURA). The joint application has been designated Docket Number 24004. 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 24004. As a part of the comments, an interested person may request that a public hearing be conducted. The comments, including any request for public hearing, shall be filed by May 22, 2001, 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 Customer Protection Division at (512) 936-7120 or toll free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Docket Number 24004.

TRD-200102491

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: May 1, 2001


Public Notice of Interconnection Agreement

On April 26, 2001, Alltel Communications Service Corporation and GTE Wireless of Houston LLC doing business as Verizon Wireless, collectively referred to as applicants, filed a joint application for approval of interconnection agreement and amendment to 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 & Supplement 2001) (PURA). The joint application has been designated Docket Number 24025. 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 24025. As a part of the comments, an interested person may request that a public hearing be conducted. The comments, including any request for public hearing, shall be filed by May 22, 2001, 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 Customer Protection Division at (512) 936-7120 or toll free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Docket Number 24025.

TRD-200102498

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: May 1, 2001


Public Notice of Interconnection Agreement

On April 26, 2001, FEC Communications, LLP and Verizon Southwest, 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 & Supplement 2001) (PURA). The joint application has been designated Docket Number 24026. 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 24026. As a part of the comments, an interested person may request that a public hearing be conducted. The comments, including any request for public hearing, shall be filed by May 22, 2001, 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 Customer Protection Division at (512) 936-7120 or toll free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Docket Number 24026.

TRD-200102499

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: May 1, 2001


Public Notice of Interconnection Agreement

On April 30, 2001, United Telephone Company of Texas, Inc. doing business as Sprint, Central Telephone Company of Texas doing business as Sprint (collectively, Sprint), and State Telephone-Texas, 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 & Supplement 2001) (PURA). The joint application has been designated Docket Number 23394. 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 23394. As a part of the comments, an interested person may request that a public hearing be conducted. The comments, including any request for public hearing, shall be filed by May 27, 2001, 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 Customer Protection Division at (512) 936-7120 or toll free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Docket Number 23394.

TRD-200102500

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: May 1, 2001


Public Notice of Interconnection Agreement

On April 30, 2001, FamilyTel of Texas, LLC and Verizon Southwest, collectively referred to as applicants, filed a joint application for approval of interconnection agreement under Section 252(i) of the federal Telecommunications Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered sections of 15 and 47 United States Code) (FTA) and the Public Utility Regulatory Act, Texas Utilities Code Annotated, Chapters 52 and 60 (Vernon 1998 & Supplement 2001) (PURA). The joint application has been designated Docket Number 24036. The joint application and the underlying interconnection agreement is 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 24036. As a part of the comments, an interested person may request that a public hearing be conducted. The comments, including any request for public hearing, shall be filed by May 22, 2001, and shall include:

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

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

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

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

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

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

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

Persons with questions about this project or who wish to comment on the joint application should contact the Public Utility Commission of Texas, 1701 North Congress Avenue, P. O. Box 13326, Austin, Texas 78711-3326. You may call the Public Utility Commission Office of Customer Protection at (512) 936-7120 or toll free at 1-888-782-8477. Hearing and speech- impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Docket Number 24036.

TRD-200102505

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: May 2, 2001


Public Notice of Interconnection Agreement

On April 30, 2001, Quality Telephone, Inc. and Verizon Southwest, collectively referred to as applicants, filed a joint application for approval of interconnection agreement under Section 252(i) of the federal Telecommunications Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered sections of 15 and 47 United States Code) (FTA) and the Public Utility Regulatory Act, Texas Utilities Code Annotated, Chapters 52 and 60 (Vernon 1998 & Supplement 2001) (PURA). The joint application has been designated Docket Number 24037. The joint application and the underlying interconnection agreement is 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 24037. As a part of the comments, an interested person may request that a public hearing be conducted. The comments, including any request for public hearing, shall be filed by May 22, 2001, and shall include:

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

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

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

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

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

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

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

Persons with questions about this project or who wish to comment on the joint application should contact the Public Utility Commission of Texas, 1701 North Congress Avenue, P. O. Box 13326, Austin, Texas 78711-3326. You may call the Public Utility Commission Office of Customer Protection at (512) 936-7120 or toll free at 1-888-782-8477. Hearing and speech- impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Docket Number 24037.

TRD-200102506

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: May 2, 2001


Public Notice of Second Workshop Regarding Service and Transition Issues when Telecommunications Carriers File for Bankruptcy Protection

The Public Utility Commission of Texas (commission) will hold a second workshop regarding service and transition issues when telecommunications carriers file for bankruptcy protections on Friday, May 11, 2001, at 9:30 a.m. in the Commissioners' Hearing Room, located on the 7th floor of the William B. Travis Building, 1701 North Congress Avenue, Austin, Texas 78701. Project Number 23948, Proceeding Relating to Service and Transition Issues when Telecommunications Carriers File for Chapter 7 or 11 Bankruptcy Protection has been established for this proceeding. With the increase in bankruptcy filings by telecommunications carriers, the commission, with the help of the telecommunications industry, hopes to develop and implement a process to ensure that customers are not left without service(s) and, where applicable, are seamlessly transitioned.

This notice is not a formal notice of proposed rulemaking; however, the workshop will assist the commission in developing policy or determining the necessity for a related rulemaking.

The commission requests that persons who did not participate in the first workshop, please register via E-mail to Patrick Tyler, Legal Division, at patrick.tyler@puc.state.tx.us. Questions concerning the workshop or this notice should be referred to Patrick Tyler, Legal Division, at (512) 936-7282. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136.

TRD-200102501

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: May 1, 2001


Research and Oversight Council on Workers' Compensation

Request for Proposals

The Research and Oversight Council on Workers' Compensation wishes to enter into a contract with a public or private entity for the purpose of administering a survey which provides data on the participation and nonparticipation of Texas employers in the Texas workers' compensation system. Texas is the only state that does not require employers to purchase workers' compensation insurance for their employees. The Research and Oversight Council on Workers' Compensation must periodically estimate the number of employers who opt out of the system. The level of participation provides an important measure of system performance, and this estimate is the only number available to researchers and policy makers wishing to monitor the system. The survey findings will appeal to a wide cross-section of system participants, including healthcare providers, legislators, insurance carriers, injured workers, and employers.

Description of Services. Under this request the Research and Oversight Council plans to procure the services of an entity to perform the following duties:

1) the administration and completion of 3575 telephone surveys of Texas employers regarding their participation and nonparticipation in the Texas workers' compensation system;

2) the completion of those surveys using up to five "call backs" when necessary;

3) the drafting of a brief (maximum of five pages) report which describes the general methodology used and any major problems encountered in the administration of the survey, along with any caveats or other observations about the use of the data gathered from the survey.

Description of Provisions. The Research and Oversight Council will provide a sample of Texas employers, stratified by size and industrial classification, drawn from the population of all Texas employers. For this sample, the Research and Oversight Council will provide a list of employer names and variables associated with those employer names as listed in the Texas Workforce Commission (TWC) database. Past experience has shown that 10 to 15 percent of employer names listed in the TWC database are associated with those employers' tax preparer's phone number or address, and not the employer's phone number or address. Thus, a methodology for locating such employers when needed should be included in the proposal.

The Research and Oversight Council will also provide a pre-tested survey instrument consisting of less than 60 questions which will be used in the administration of the survey described in this proposal. No single respondent in this survey, however, will have to answer all of the questions. The maximum possible schematic size is estimated to be less than 35 questions and the minimum possible schematic size is estimated to be less than 16 questions.

Specification for Deliverables. The Research and Oversight Council will have review and approval authority over all deliverables. All information generated will become the property of the Research and Oversight Council. To protect the state's interest, all deliverables as well as databases, become the property of the Research and Oversight Council. The proposal submitted must demonstrate that the applicant is capable of performing, and willing to provide all deliverables.

a) Project deliverables, at a minimum, will include:

b) Data generated from the completed surveys delivered on computer disk;

c) Response frequencies on all questionnaire items;

d) A brief (maximum of five pages) technical report detailing the methodology used and any major problems encountered in the administration of the survey. This might include any caveats or other relevant observations about the reliability of the data gathered for the survey.

All project deliverables are due on or before the end of the contract period.

Proposal Requirements. Respondents must submit a typewritten proposal on 8 1/2 by 11 inch plain white paper. All proposals and their accompanying attachments become the property of the Research and Oversight Council upon submission. Materials submitted will not be returned. Only attachments essential to the proposal should be submitted. To be considered, the following items must be included in the proposal:

a) an identification page listing the full legal name, the mailing and street address if different, title, and telephone number for the representative authorized to sign the contract and the same for the contact person;

b) a summary (maximum of five pages) describing how the contractor proposes to provide the services described and requested in the previous sections of this proposal request entitled "Description of Services" and "Specification of Deliverables," including who will be responsible for carrying out each part of the project, the proposed approach (describing the methodology, activities and/or procedures to be used in administering the survey, including a brief description of any survey administration software used, automatic dialing capacity, number of interviewing stations, number of interviewers, survey lab hours, bilingual capacity, and interviewer training guidelines, if any), and the general timelines within which the proposed project will be accomplished;

d) a detailed budget of all costs;

e) proposed deadline for the completion of surveys;

f) a description of the services, if any, that the contractor may require from the Research and Oversight Council and other state agencies;

g) the names of key staff to be used in this contract, their function and a complete resume; and

h) references, including client contact information from similar contracts and copies of similar work products, if available, that demonstrate experience and knowledge with project management and data collection.

Closing Date. The written proposal must be received by the Research and Oversight Council by 2 p.m. on May 30, 2001. Send proposals to Amy Lee, Director of Research, Research and Oversight Council on Workers' Compensation, 9800 North Lamar, Suite 260, Austin, Texas 78753. Proposals can be sent facsimile to (512) 469-7481 or e-mailed to ROC@mail.capnet.state.tx.us. Hand-delivered proposals will be accepted daily at the same address between 8:00 a.m. and 5:00 p.m., except Saturdays, Sundays, and holidays. Proposals received after the deadline will not be eligible for consideration. Proposers may be requested to make oral presentations of their proposals at their own expense.

Terms and Amount. The following terms and conditions must be accepted by all respondents. The Research and Oversight Council reserves the right to reject any and all proposals, or portions of proposals, and to cancel this request for proposal if it is deemed in the best interest of the Research and Oversight Council. All information generated is the exclusive property of the Research and Oversight Council. At the conclusion of the project, an itemized expenditure report is due.

The Research and Oversight Council reserves the right to negotiate with one or more respondents. The Research and Oversight Council reserves the right to reasonably modify and reschedule proposed activities throughout the life of the contract.

Issuance of this request for proposal creates no obligation to award a contract or to pay any costs incurred in the preparation of a proposal.

It is anticipated that the contract period will not extend past August 31, 2001. The amount awarded will be commensurate with services provided.

Evaluation and Selection. The proposal demonstrating the highest quality of proposed services deliverable within the established time frame offering the greatest expertise and qualifications at the most cost-effective price, will be awarded the contract.

Contact Point. Any questions regarding this request for proposals should be directed to Dana Baroni, Research Specialist, at (512) 469-7811 extension 231.

TRD-200102454

Amy Lee

Research Director

Research and Oversight Council on Workers' Compensation

Filed: April 30, 2001


Supreme Court of Texas

Notice of Meeting

Supreme Court Rules Advisory Committee Meeting

Pursuant to Supreme Court of Texas Misc. Docket Order No. 99-9167, the Supreme Court Rules Advisory Committee publishes notice of the following meeting open to the public. The Supreme Court Rules Advisory Committee will meet May 11, 2001 at 9:00 a.m. and May 12, 2001 at 8:30 a.m. at the State Bar Building, Room 101, 1414 Colorado, Austin Texas, 78701

The agenda for the meeting includes: (1) call to order; (2) discussion relating to previous advisory committee proposals submitted to the Supreme Court, including discussion of the status of proposals submitted to the Supreme Court relating to changes in the Texas Rules of Civil Procedure, Texas Rules of Appellate Procedure, and the Texas Parental Notification Rules; (3) reports related to proposals to amend, change, or modify the Texas Rules of Civil Procedure and the Texas Rules of Appellate Procedure relating to issues involving the finality of judgments; Texas Rule of Appellate Procedure 47 relating to the issuance and use of appellate opinions; Texas Rule of Appellate Procedure 9 on the types of U.S. mail service which may serve as service of appellate process, that portion of the Parental Notification rules relating to the manner of implementing appeals, and Texas Rule of Civil Procedure 103 relating to the service of citation and process; and (4) other business, including review of public comments or other proposals to amend, change, or modify the rules and procedures for the courts of the state of Texas.

Additional information related to this meeting may be obtained from Chris Griesel, Rules Attorney, at (512) 463-6645 or by e-mail at chris.griesel@courts.state.tx.us. Comments on any rule change proposal, including a rule proposal made at this meeting, may be submitted to: Rules Attorney, Supreme Court of Texas, P.O. Box 12248, Austin, Texas 78711 or by email to chris.griesel@courts.state.tx.us.

Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services or others who may need additional assistance are requested contact Chris Griesel at (512) 463-6645 at least two (2) working days before the meeting so that the appropriate arrangements may be made.

TRD-200102514

John Adams

Clerk

Supreme Court of Texas

Filed: May 2, 2001


Texas Council on Workforce and Economic Competitiveness, Office of the Governor

Notice of Request for Redesignation of the Lower Rio Grande Workforce Development Area

Notice is given to the public that the Texas Council on Workforce and Economic Competitiveness (Council) has received a request for redesignation of the Lower Rio Grande Workforce Development Area (LRGWDA) from the Chief Elected Officials of the LRGWDA and the Starr County Judge. The requested redesignation would result in Starr County being removed from the South Texas Workforce Development Area and becoming part of the Lower Rio Grande Workforce Development Area.

As mandated in Texas Government Code, Chapter 2308.101(3) and in 2308.252 (a)-(e), the Texas Council on Workforce and Economic Competitiveness (Council) shall recommend to the Governor the designation or redesignation of workforce development areas for the local planning and delivery of workforce development services. The Council's process for considering a request or proposal for redesignation is provided in Texas Administrative Code, Title 40, Part 22, Chapter 901.1 and 901.2.

The Council is accepting written comments on the proposed redesignation from the public. Persons who wish to provide written comment on the proposed redesignation should submit their comments to the Texas Council on Workforce and Economic Competitiveness, Attention to Cheryl Fuller, Director, P.O. Box 2241, Austin, Texas 78768 or by email to cfuller@governor.state.tx.us. Written comments should be received no later than June 9, 2001.

In addition, oral comments will be accepted at a public hearing immediately following adjournment of the Council meeting on June 15, 2001. The Council meeting will be held at the Texas Rehabilitation Commission, Brown-Heatly Building, Public Hearing Rooms #1410 - #1430, 4900 North Lamar, Austin, Texas, and will adjourn at approximately 2:00 p.m. Individuals requesting auxiliary aids or services should contact Juli Blenis at 512.936.8113 or Relay Texas at 1.800.735.2989 at least two days before the meeting so that appropriate arrangements can be made.

TRD-200102466

Cheryl Fuller

Director

Texas Council on Workforce and Economic Competitiveness

Filed: May 1, 2001


Texas Water Development Board

Applications Received

Pursuant to the Texas Water Code, Section 6.195, the Texas Water Development Board provides notice of the following applications received by the Board:

Batesville Water Supply Corporation, P.O. Box 187, Batesville, Texas, 78829, received October 31, 2000, application for financial assistance in the amount of $2,654,168 from the Economically Distressed Areas Account of the Texas Water Development Funds.

Edwards Aquifer Authority, 1615 North St. Mary's Street, San Antonio, Texas, 78215, received March 30, 2001, application for financial assistance in the amount of $1,000,000 from the Agricultural Water Conservation Loan Program.

Greenbelt Municipal and Industrial Water Authority, P.O. Box 665, Clarendon, Texas, 79226, received April 2, 2001, application for financial assistance in the amount of $5,300,000 from the Texas Water Development Funds.

Brushy Creek Municipal Utility District, 901 Great Oaks Drive, Round Rock, Texas, 78681, received March 29, 2001, application for financial assistance in the amount of $1,200,000 from the Texas Water Development Funds.

Parkway Utility District, 12431 Drifting Winds, Houston, Texas, 77044, received April 2, 2001, application for financial assistance in the amount of $710,000 from the Texas Water Development Funds.

Shasla Public Utility District, 3715 Acorn Springs, Spring, Texas, 77389-4789, received April 5, 2001, application for financial assistance in the amount of $1,300,000 from the Texas Water Development Funds.

City of Hubbard, 118 Magnolia, Hubbard, Texas, 76648, received March 26, 2001, application for financial assistance in the amount of $560,000 from the Texas Water Development Funds.

Walnut Creek Special Utility District, 1155 Highway 199 West, P.O. Box 657, Springtown, Texas, 76082, received January 25, 2001, application for financial assistance in the amount of $500,000 from the Texas Water Development Funds.

Tule Creek Soil and Water Conservation District, P.O. Box 415, 215 NW 2nd Street, Tulia, Texas, 79088, received March 8, 2001, application for financial assistance in the amount of $4,050 from the Agricultural Water Conservation Loan Program.

Reeves County Water and Improvement District No. 1, 104 South Austin Street, Balmorhea, Texas, 79718, received March 31, 2001, application for financial assistance in the amount of $25,000 from the Agricultural Water Conservation Loan Program.

Lower Clear Fork of Brazos Soil and Water Conservation District, 584 U.S. Hwy 180, East, Albany, Texas, 76430, received April 7, 2001, application for financial assistance in the amount of $9,849 from the Agricultural Water Conservation Loan Program.

El Paso County Water and Improvement District No. 1, 294 Candelaria, El Paso, Texas, 79907, received March 31, 2001, application for financial assistance in the amount of $25,000 from the Agricultural Water Conservation Loan Program.

Bastrop County Soil and Water Conservation District, 208 Old Austin Highway, Bastrop, Texas, 78602, received December 15, 2000, application for financial assistance in the amount of $465 from the Agricultural Water Conservation Loan Program.

Caldwell/Travis Soil and Water Conservation District, 1400-D Highway 20, East, Lockhart, Texas, 78644, received December 15, 2000, application for financial assistance in the amount of $465 from the Agricultural Water Conservation Loan Program.

City of Huntsville, 1212 Avenue M, Huntsville, Texas, 77340, received January 30, 2001, application for financial assistance in an amount not to exceed $50,000 from the Flood Mitigation Assistance Planning Fund.

City of Grand Prairie, P.O. Box 534045, Grand Prairie, Texas, 75053-4045, received January 30, 2001, application for financial assistance in an amount not to exceed $50,000 from the Flood Mitigation Assistance Planning Fund.

City of Seabrook, 1700 1st Street, Seabrook, Texas, 77586, received January 30, 2001, application for financial assistance in an amount not to exceed $50,000 from the Flood Mitigation Assistance Planning Fund.

City of Berryville, P.O. Box 908, Frankston, Texas, 75763, received March 13, 2001, application for grant assistance in an amount not to exceed $14,000 from the Research and Planning Fund.

Guadalupe-Blanco River Authority, 933 E. Court Street, Sequin, Texas, 78155, received March 9, 2001, application for grant assistance in an amount not to exceed $65,000 from the Research and Planning Fund.

Lower Colorado River Authority, P.O. Box 220, Austin, Texas, 78767-0220, received March 14, 2001, application for grant assistance in an amount not to exceed $90,000 from the Research and Planning Fund.

Southmost Regional Water Authority, 1425 Robinhood Drive, Brownsville, Texas, 78520, received March 14, 2001, application for grant assistance in an amount not to exceed $48,250 from the Research and Planning Fund.

Gulf Coast Water Authority, 3630 Highway 1765, Texas City, Texas, 77591-1651, received March 14, 2001, application for grant assistance in an amount not to exceed $48,921 from the Research and Planning Fund.

North Harris County Regional Water Authority, 3648 FM 1960 West, Houston, Texas, 77068, received March 14, 2001, application for grant assistance in an amount not to exceed $217,000 from the Research and Planning Fund.

Brazos River Authority - Bosque County, P.O. Box 7555, Waco, Texas, 76714-7555, received March 14, 2001, application for grant assistance in an amount not to exceed $79,500 from the Research and Planning Fund.

Brazos River Authority - Hood County, P.O. Box 7555, Waco, Texas, 76714-7555, received March 14, 2001, application for grant assistance in an amount not to exceed $106,500 from the Research and Planning Fund.

Brazos River Authority - West Central Brazos River Basin, P.O. Box 7555, Waco, Texas, 76714-7555, received March 14, 2001, application for grant assistance in an amount not to exceed $160,000 from the Research and Planning Fund.

City of Clarksville, 800 West Main, Clarksville, Texas, 75426, received March 14, 2001, application for grant assistance in an amount not to exceed $199,000 from the Research and Planning Fund.

Panhandle Planning Commission, P. O. Box 9257, Amarillo, Texas, 79105, received April 30 2001, application for grant assistance in an amount not to exceed $10,000 from the Research and Planning Fund.

Rio Grande Council of Governments, 1100 North Stanton, Suite 610, El Paso, Texas, 79902, received April 23, 2001, application for grant assistance in an amount not to exceed $10,000 from the Research and Planning Fund.

Lower Rio Grande Valley Development Council, 311 North 15th Street, McAllen, Texas, 78501-4705, received April 24, 2001, application for grant assistance in an amount not to exceed $10,000 from the Research and Planning Fund.

TRD-200102504

Gail L. Allan

Director of Project-Related Legal Services

Texas Water Development Board

Filed: May 2, 2001


Texas Workforce Commission

Request for Applications - Incentive Awards for Regional Cooperation and Local Coordination

A. PROPOSAL DESCRIPTION

The Texas Workforce Commission (Agency) is seeking applications from Local Workforce Development Boards (Boards) and/or a group of Boards in response to this Request for Applications (RFA) to award incentive funds for advances made in the areas of regional cooperation and/or local coordination.

B. AUTHORIZATION TO AWARD CONTRACT

The Agency is authorized to issue this RFA under the Workforce Investment Act §128(a) and §133(a)(1)

C. AVAILABLE FUNDING

Funding of up to $400,000 will be awarded for regional cooperation to a group of participating Boards in one region of the state. An additional amount of up to $200,000 will be awarded to Board(s) for local coordination. Boards may submit applications for either or both categories of awards. Important Note: Boards submitting a joint application for efforts in regional cooperation must designate a Lead Board/Fiscal Agent to be the recipient of award funds.

D. ELIGIBLE APPLICANTS

Only Local Workforce Development Boards are eligible to respond to this RFA. Applicants will be asked to describe the activities that contributed to the achievement of regional cooperation and/or local coordination. In addition, Boards must discuss how incentive award funds would be used to further the progress already made in the described areas and/or to fund new projects geared toward meeting state goals and serving employers and job seekers. Important Note: A Local Workforce Development Board currently under Level One or Level Two sanction imposed pursuant to 40 TAC Chapter 800, Subchapter E, is not eligible to submit a proposal for this procurement if sanctioned for financial management reasons. In addition, Boards currently under Level Three sanction status are not eligible to submit proposals for this procurement.

E. PROJECT SCHEDULE

Application submission deadline is June 13, 2001 and awards are scheduled to be announced on June 27, 2001. The Agency will conduct an Offeror's Conference Call on Friday, May 11, 2001 at 10:00 a.m., Central Standard Time in order to provide information to potential offerors and to answer any questions.

F. SCORING CRITERIA

The evaluation criteria for this RFA and their relative weights for scoring are: Regional Cooperation Award: Demonstrated Effectiveness 50 points, Use of Incentive Award Funds 40 points, Budget Costs and Cost Documentation 10 points. Local Cooperation Award: Demonstrated Effectiveness 60 points, Use of Incentive Award Funds 30 points, Budget Costs and Cost Documentation 10 points.

G. SELECTION, NOTIFICATION AND NEGOTIATION PROCESS

The Agency will use competitive negotiation to determine awards. Proposals will be evaluated and tentatively ranked by the Agency. Applicants submitting superior proposals may be invited to make oral presentations to the Agency.

H. PAYMENT

The basis of payment for this award shall be reimbursement of actual allowable cost up to budgeted levels and subject to budget limitations, pursuant to a negotiated contract.

I. TEXAS WORKFORCE COMMISSION'S CONTACT PERSON

For further information and to request a package for RFA # PPRD 01-03, contact Lucinda Anderson, Program Specialist, Texas Workforce Commission, Room 440T, 101 East 15th Street, Austin, TX 78778-0001, (512) 936-2613, fax: (512) 936-3420, e-mail address lucinda.anderson@twc.state.tx.us.

TRD-200102469

John Moore

Assistant General Counsel

Texas Workforce Commission

Filed: May 1, 2001