IN ADDITION The Texas Register is required by statute to publish certain documents, including applications to purchase control of state banks, notices of rate ceilings, changes in interest rate and applications to install remote service units, and consultant proposal requests and awards. To aid agencies in communicating information quickly and effectively, other information of general interest to the public is published as space allows. Texas Department of Agriculture Notice of Intent and Requests for Comments The Texas Department of Agriculture (the department) is accepting comments regarding the awarding of the contract for administration of a biologically intensive integrated pest management grants program to the Texas Pest Management Association (TPMA) for the period from January 1, 1998 through December 31, 1998. The maximum amount of the contract to administer the program is $30,000. The department intends to award the contract for administration of this program to TPMA due to the specialized expertise and experience of TPMA. TPMA has successfully managed this grant program for the previous four years and has developed expertise in dealing with the various aspects of this program. TPMA was established as a statewide, multi-commodity, non-profit, producer-directed organization in Texas whose primary mission is Integrated Pest Management (IPM) and continues to be the only association dedicated to the advancement of IPM in Texas. Therefore, TPMA is in a unique position to manage this program. TPMA will solicit grant proposals, participate in the review of the proposals, notify grantees of grant awards, keep accounts, disburse funds, and acquire and maintain prescribed documents. A draft of the contract to be used between the administering organization and the department and additional information about the contract and preparation of the proposal may be obtained by contacting Sheri Land, Coordinator for Funding, Intergovernmental Affairs Division, at (512) 463-8536. Any comments or alternative proposals should be submitted no later than 5:00 p.m., September 26, 1997, to Sheri Land, Coordinator for Funding, Intergovernmental Affairs Division, P.O. Box 12847, Austin, Texas 78711. Issued in Austin, Texas, on September 8, 1997. TRD-9711824 Dolores Alvarado Hibbs Deputy General Counsel Texas Department of Agriculture Filed: September 8, 1997 Ark-Tex Council of Governments Request for Proposals Notice of invitation: The Ark-Tex Council of Governments (ATCOG) and the Texarkana Urban Transportation Study Group (TUTS) intend to enter into a contract with a consulting service to provide for an implementation study for a new start fixed-route and/or a route deviation Public Transit System for the Texarkana Urbanized Area. The Texarkana Urbanized Area consists of the incorporated areas of the Cities of Texarkana, Arkansas; Texarkana, Texas; Wake Village, Texas; and Nash, Texas. Preproposal Meeting: A Preproposal Meeting will be held Monday, September 30, 1997 at 2:00 p.m. at ATCOG located at 122 Plaza West; Texarkana, Texas. Attendance is not mandatory, but is strongly recommended. Persons with disabilities who plan to attend the Preproposal Meeting and who may need auxiliary aids or services such as interpreters for persons who are deaf or hearing impaired, readers, large print or braille, are requested to contact Oran Caudle at (903) 832-8636 at least three days prior to the meeting so that appropriate arrangements can be made. Requests for Copy of RFP: A letter of interest notifying ATCOG of the provider's intent to submit a proposal will be accepted until September 30, 1997 by fax at (903) 832-3441 or by hand/mail delivery to: Ark-Tex Council of Governments Attention: Oran Caudle 122 Plaza West Texarkana, TX 75501 The letter of interest must include the firm's name, address, telephone number, fax number, and the name of the firm's contact person. Upon receipt of the letter of interest, a Request for Proposal will be issued. (Note: The letter of interest will be required to receive the Request for Proposal packet and in order for a prime provider to submit a proposal.) Proposal Submittal Deadline: Proposals must arrive by October 10, 1997 by 5:00 p.m. at the previously mentioned ATCOG address in Texarkana, Texas. Agency Contact: Requests for additional information regarding this invitation should be faxed to Oran Caudle at (903) 832-3441, or you may call at (903) 832-8636. Issued in Austin, Texas, on August 21, 1997. TRD-9711592 James C. Fisher, Jr. Executive Director Ark-Tex Council of Governments Filed: September 3, 1997 Comptroller of Public Accounts Notice of Intent to Amend Consultant Contracts In accordance with the provisions of Chapter 2254, Subchapter B, Texas Government Code, the Comptroller of Public Accounts (Comptroller), on behalf of the Texas Prepaid Higher Education Tuition Board (Board), announces this notice of consultant contract amendment. The award of the original consultant contract was published in the December 17, 1996, issue of the Texas Register (21 TexReg 12243). The amendment provides that the consultant will assist the Comptroller and the Board with actuarial and related consulting services in connection with the administration of a Prepaid Higher Education Tuition Program. The consulting services sought by the Comptroller relate to services previously provided by Coopers and Lybrand, LLP, 1800 One American Center, 600 Congress Avenue, Austin, Texas 78701. The Comptroller on behalf of the Board intends to amend Coopers and Lybrand's contract unless a better proposal is received. Parties interested in submitting a proposal should contact Walter Muse, Legal Counsel, Comptroller of Public Accounts, either by telephone at (512) 475-0498 or in writing at Post Office Box 13528, Austin, Texas 78711. Proposals must be received no later than September 26, 1997. The dollar value of the amendment shall not exceed $10,000.00. Issued in Austin, Texas, on September 8, 1997. TRD-9711806 Walter Muse Legal Counsel Comptroller of Public Accounts Filed: September 8, 1997 In accordance with the provisions of Chapter 2254, Subchapter B, Texas Government Code, the Comptroller of Public Accounts (Comptroller), on behalf of the Texas Prepaid Higher Education Tuition Board (Board), announces this notice of consultant contract amendment. The award of the original consultant contract was published in the November 8, 1996, issue of the Texas Register (21 TexReg 11013). The amendment provides that the consultant will assist the Comptroller with marketing agent services in connection with the administration of a Prepaid Higher Education Tuition Program. The consulting services sought by the Comptroller relate to services previously provided by Sherry Mathews Advertising, 101 San Jacinto Boulevard, Austin, Texas 78701. The Comptroller on behalf of the Board intends to amend Sherry Mathew's contract unless a better proposal is received. Award of the amendment will be based upon evaluation of proposals received pursuant to this notice. Parties interested in submitting a proposal should contact Walter Muse, Legal Counsel, Comptroller of Public Accounts, either by telephone at (512) 475-0498 or in writing at Post Office Box 13528, Austin, Texas 78711. Proposals must be received no later than September 26, 1997. Issued in Austin, Texas, on September 8, 1997. TRD-9711844 Walter Muse Legal Counsel Comptroller of Public Accounts Filed: September 8, 1997 In accordance with the provisions of Chapter 2254, Subchapter B, Texas Government Code, the Comptroller of Public Accounts (Comptroller), on behalf of the Texas Prepaid Higher Education Tuition Board (Board), announces this notice of consultant contract amendment. The award of the original consultant contract was published in the December 1, 1995, issue of the Texas Register (20 TexReg 10217). The amendment provides that the consultant will assist the Comptroller and the Board with records administration services in connection with the administration of a Prepaid Higher Education Tuition Program. The consulting services sought by the Comptroller relate to services previously provided by Intuition, formerly doing business as BTI Services, Inc., 6420 Southpoint Parkway, Jacksonville, Florida 32216. The Comptroller on behalf of the Board intends to amend Intuition's contract unless a better proposal is received. Award of the amendment will be based upon evaluation of proposals received pursuant to this notice. Parties interested in submitting a proposal should contact Walter Muse, Legal Counsel, Comptroller of Public Accounts, either by telephone at (512) 475-0498 or in writing at Post Office Box 13528, Austin, Texas 78711. Proposals must be received no later than September 26, 1997. Issued in Austin, Texas, on September 8, 1997. TRD-9711843 Walter Muse Legal Counsel Comptroller of Public Accounts Filed: September 8, 1997 Office of the Consumer Credit Commissioner Notices of Rate Ceiling The Consumer Credit Commissioner of Texas has ascertained the following rate ceilings by use of the formulas and methods described in Title 79, Texas Civil Statutes, Article 1D.003, 1D.005, 1D.008, 1D.009, and 1E.003, Revised Civil Statutes of Texas, as amended (Texas Civil Statutes, Article 5069-1D.003, 1D.005, 1D.008, 1D.009, and 1E.003) and sec.346.101, Tex. Fin. Code. [graphic] Issued in Austin, Texas, on August 26, 1997. TRD-9711501 Leslie L. Pettijohn Commissioner Office of Consumer Credit Commissioner Filed: August 29, 1997 The Consumer Credit Commissioner of Texas has ascertained the following rate ceilings by use of the formulas and methods described in Title 79, Texas Civil Statutes, Article 1.04, as amended (Texas Civil Statutes, Article 5069-1.04). [graphic] Issued in Austin, Texas, on September 5, 1997. TRD-9711742 Leslie L. Pettijohn Commissioner Office of Consumer Credit Commissioner Filed: September 5, 1997 Request for Proposals (RFP) for Outside Counsel Contract The Office of Consumer Credit Commissioner (OCCC) requests proposals from attorneys interested in providing legal assistance to the OCCC in the following areas: 1. Credit law and administrative law general counsel legal advice; 2. Legal research relating to real estate secured lending and the implementation of new legislation; 3. Administrative rule development relating to consumer credit transactions; primarily loans secured by personal or real property. Description. The OCCC is the state regulatory agency with jurisdiction over compliance issues related to consumer credit transactions. Substantial amendments have been made to the state's credit laws by the 75th Legislature. The OCCC will engage an attorney to assist with the development and implementation of compliance policies and administrative rules related to these areas. Responses. Responses to this RFP should include at least the following information: a description of the firm's or attorney's qualification for performing the legal services including five references, including the attorney's prior experience in credit law and administrative law, the names, experience, and expertise of the attorneys who may be assigned to work on such matters, the availability of individuals assigned to the project including number of hours available between now and November 4 and between November 5 and January 1, 1998; the submission of fee information (either in the form of hourly rates for each attorney who may be assigned to perform services, comprehensive contract fees, or other fee arrangements directly related to the achievement of specific goals and cost controls) and billable expenses. Any travel expenses will be reimbursed in accordance with the provisions of the Appropriations Act for state employees. Disclosure of Independence. Any response should include a disclosure of any potential conflicts of interest including a list of clients who engage in business pursuant to Title 79, Texas Civil Statutes. Additionally, if the attorney has involvement or potential involvement in any litigation pertaining to credit laws, a disclosure should be included for that fact. Format and Person to Contact. The proposal should be mailed or delivered in person, marked "Response to Request for Proposal for Outside Counsel" and addressed to Duane Waddill, Director of Administration, Office of Consumer Credit Commissioner, 2601 North Lamar Boulevard, Austin, Texas 78705-4207 and telephone (512) 479-1290 for questions. The award of a contract is contingent upon approval by the Office of the Governor of OCCC's request for approval of a major consulting contract. Deadline for Submission of Response. All proposals must be received by the OCCC no later than 4:00 p.m. September 30, 1997. Contractors must be available for interviews between October 1, 1997, and October 3, 1997, in order to consider all proposals and applicants prior to an award on October 6, 1997. Issued in Austin, Texas, on September 5, 1997. TRD-9711713 Leslie L. Pettijohn Commissioner Office of Consumer Credit Commissioner Filed: September 5, 1997 Texas State Board of Registration for Professional Engineers Correction of Error The Texas State Board of Registration for Professional Engineers adopted the repeal of 22 TAC sec.sec.131.51-131.58, 131.71-131.73, 131.81, 131.91-131.93, 131.101, 131.111-131.120, 131.131-131.133, 131.137-131.141, 131.151-131.157, 131.162-131.167, and 131.224, new sec.sec.131.20, 131.51-131.55, 131.71-131.73, 131.81, 131.91-131.94, 131.101, 131.111-131.116, 131.131-131.133, 131.151- 131.156, 131.162-131.167, and amendments to sec.sec.131.105, 131.106, 131.161, 131.171-131.173, and 131.182, concerning practice and procedure. The rules appeared in the August 19, 1997, issue of the Texas Register, (22 TexReg 8040). Due to an error as published by the Texas Register, the third sentence beginning on page 8040 and ending on page 8041, listed new sec.131.120 as being adopted without changes. However, there is no new sec.131.120. Texas Board of Professional Engineers Roundtable V Meeting On September 20, 1997, in Laredo, Texas, and Nuevo Laredo, Tamaulipas, Mexico, members of the Licensing Committee of the Texas Board of Professional Engineers will be attending the Fifth Roundtable of the Texas Society of Professional Engineers and the Colegio de Ingenieros Civiles de Mexico (TSPE/CICM Roundtable V). The members of the Committee will be exchanging information with the participants, but will not be meeting as a body or conducting any Board business. Further information can be obtained from the Texas Board of Professional Engineers, 1917 IH-35 South, Austin, Texas 78741, (512) 440-7723. Issued in Austin, Texas, on September 5, 1997. TRD-9711779 John R. Speed, P.E. Executive Director Texas Board of Professional Engineers Filed: September 5, 1997 General Land Office Relinquishment Act Oil and Gas Lease Form The General Land Office has amended the Relinquishment Act Lease Form in order to incorporate legislative changes which have occurred since the last revision in 1987. In addition, changes were made to cause certain provisions to be similar to provisions in the State Fee Oil and Gas Lease Form. If you have any questions, please contact Robert Hatter of the General Land Office at 512/475- 1542. Issued in Austin, Texas, on September 5, 1997. TRD-9711786 Gary Mauro Commissioner General Land Office Filed: September 5,1997 Office of the Governor-Criminal Justice Division Building Youth-Oriented Community Policing Programs Request for Applications The Criminal Justice Division of the Governor's Office is soliciting applications for projects to provide (1) training to local officials to design and implement youth-oriented community policing strategies in high crime neighborhoods and (2) to implement community policing strategies in communities that received training. Complete guidelines for Building Youth-Oriented Community Policing Programs are available in the application kit. Eligible applicants for the Training Phase are colleges, universities, professional associations, private non-profit organizations, regional council of governments, state agencies, and local units of government. Priority will be given to training organizations that meet standards of the Texas Commission on Law Enforcement Officer Standards and Education. Training projects may be regional or statewide in scope. Eligible applicants for the Implementation Phase are cities, counties, and school districts whose law enforcement agencies and community teams have completed the Training Phase. The grant period for the Training Phase will be November 1, 1997 through October 31, 1998. Application for the Implementation Phase will be awarded in two groups. The grant period for the first group will be August 1, 1998 through July 31, 1999 and the grant period for the second group will be October 1, 1998 through September 30, 1999. Grantees must provide a dollar for dollar cash match on equipment. The maximum amount that may be applied for is $400,000 per year for the Training Phase and $250,000 per year for the Implementation Phase. Special application kits specific for this fund may be obtained from the Criminal Justice Division of the Governor's Office, P.O. Box 12428, Austin, TX 78711, attention: Planning and Grant Administration. The telephone number is (512) 463-1919. An original plus six copies of completed applications must be received at the Criminal Justice Division no later than 5:00 p.m. on Tuesday, September 30, 1997. In addition, local projects must submit one copy to their regional Council of Governments for TRACS review, and statewide projects must submit one copy to Tom Adams, Budget Division of the Governor's Office, for TRACS review. CJD staff will conduct an initial screening of applications to determine eligibility. Eligible applications will be scored competitively by a review team appointed by the Executive Director of the Criminal Justice Division. For further information call Glenn Brooks, Director of Justice Programs, Criminal Justice Division, at (512) 463-1944 or Jim Kester at (512) 463-1916. Issued in Austin, Texas, on August 15, 1997. TRD-9711599 Pete Wassdorf Deputy General Counsel, Office of the Governor Office of the Governor-Criminal Justice Division Filed: September 3, 1997 Texas Department of Health Licensing Action for Radioactive Materials The Texas Department of Health has taken actions regarding licenses for the possession and use of radioactive materials as listed in the table below. The subheading labeled "Location" indicates the city in which the radioactive material may be possessed and/or used. The location listing "Throughout Texas" indicates that the radioactive material may be used on a temporary basis at job sites throughout the state. [graphic] [graphic] [graphic] The Texas Department of Health has taken actions regarding licenses for the possession and use of radioactive materials as listed in the table below. The subheading labeled "Location" indicates the city in which the radioactive material may be possessed and/or used. The location listing "Throughout Texas" indicates that the radioactive material may be used on a temporary basis at job sites throughout the state. In issuing new licenses and amending and renewing existing licenses, the Texas Department of Health, Bureau of Radiation Control, has determined that the applicants are qualified by reason of training and experience to use the material in question for the purposes requested in accordance with Texas Regulations for Control of Radiation in such a manner as to minimize danger to public health and safety or property and the environment; the applicants' proposed equipment, facilities, and procedures are adequate to minimize danger to public health and safety or property and the environment; the issuance of the license(s) will not be inimical to the health and safety of the public or the environment; and the applicants satisfy any applicable special requirements in the Texas Regulations for Control of Radiation. This notice affords the opportunity for a hearing on written request of a licensee, applicant, or "person affected" within 30 days of the date of publication of this notice. A "person affected" is defined as a person who is resident of a county, or a county adjacent to the county, in which the radioactive materials are or will be located, including any person who is doing business or who has a legal interest in land in the county or adjacent county, and any local government in the county; and who can demonstrate that he has suffered or will suffer actual injury or economic damage due to emissions of radiation. A licensee, applicant, or "person affected" may request a hearing by writing Richard A. Ratliff, P.E., Chief, Bureau of Radiation Control (Director, Radiation Control Program), 1100 West 49th Street, Austin, Texas 78756-3189. Any request for a hearing must contain the name and address of the person who considers himself affected by Agency action, identify the subject license, specify the reasons why the person considers himself affected, and state the relief sought. If the person is represented by an agent, the name and address of the agent must be stated. Copies of these documents and supporting materials are available for inspection and copying at the office of the Bureau of Radiation Control, Texas Department of Health, Exchange Building, 8407 Wall Street, Austin, Texas, from 8:00 a.m. to 5:00 p.m. Monday-Friday (except holidays). Issued in Austin, Texas, on September 5, 1997. TRD-9711777 Susan K. Steeg General Counsel Texas Department of Health Filed: September 5, 1997 Notice of Request for Information for Issuing Medical-Identification Cards The Texas Department of Health, (department), Bureau of Health Care Finance, announces a request for information (RFI) from approved Contract Catalog Vendors and other interested parties. This RFI describes the current process for issuing medical-identification (Med-ID) cards, and plans to enhance this process. Brief Description: The department is in the process of examining its current processes and purposes served by the Med-ID card, potential purposes which could be incorporated into the Med-ID card and process and problems created by the current Med-ID card. The department is interested in obtaining information regarding alternatives to the current paper-based Med-ID cards. The current Med- ID card identifies Medicaid and dual Medicare/Medicaid eligible recipients in the State of Texas. Cards are printed on paper and mailed on a monthly basis to all Medicaid recipients. An average 1.5 million cards are mailed each month. Med-ID cards must be presented by Medicaid recipients to health care providers when health care services are being sought. The Med-ID card gives the health care provider the information they need to bill for and receive payment for Medicaid covered services provided. The department is interested in technologies and best practices which will ensure program integrity and access to eligibility information for providers and Medicaid eligible recipients. The department seeks to obtain information about: current card technology; software and network capabilities; current industry practices; performance standards related to medical card transactions, processing and liabilities; and the estimated cost of transition to a new Med-ID card system. The department is also interested in gaining information about potential contractors, their area(s) and level of expertise, products and/or services they currently have available, and their experience in developing/providing innovative health care eligibility applications. The department requests general and product-specific information. Examples of needed information include, but are not limited to, the following: card technology; technical and functional specifications; unit and quantity pricing; integration\compatibility; file\transaction information and storage capability; performance\failure rates; process flow diagrams depicting processing alternatives and considerations; acquisition options and their costs. Information related to experiences in other states for similar initiatives is also of value. The department anticipates issuing a Request-for-Offer (RFO) for enhancements to the Med-ID card and process in November, 1997. Closing Date: The department will accept responses to this RFI until September 30, 1997, 4:00 p.m., Central Daylight Savings Time. Responses submitted after this time will not be accepted. Offeror's Conference: An offeror's conference will not be held for this RFI. The department reserves the right to contact any RFI respondent, without notice to others, for purposes of obtaining additional information or clarification. An offeror's conference will be held following the release of the RFO. Any questions which you may have concerning the substance of the RFI or the RFO should be included in your Response to the RFI. Contact Person: Responses should be sent to: Theresa Garon, Texas Department of Health, Bureau of Information Resources-HCF, 1100 West 49th Street, Austin, Texas 78756. Telephone (512) 794-5155. Issued in Austin, Texas, on September 8, 1997. TRD-9711833 Susan K. Steeg General Counsel Texas Department of Health Filed: September 8, 1997 Notice of Request for Proposal for Evaluation of LoneSTAR Selective Contracting Programs Purpose. The Texas Department of Health (department), Health Care Financing Associateship (HCF), is seeking a qualified and experienced consulting firm capable of performing an independent assessment of the LoneSTAR Select I Contracting Program, an independent assessment of the LoneSTAR Select II Contracting Program and with the capacity to assist the department with the development of specific strategies relating to reimbursement policies affected by the continued implementation of Medicaid Managed Care in Texas. This Request for Proposal (RFP) is issued in accordance with the provisions of Government Code, Chapter 2254, concerning consulting services. Description. The Texas Human Resources Code, sec.32.027 requires the development and implementation of a system of selective contracting for the provision of non-emergency inpatient hospital services. The LoneSTAR Select I Contracting Program for inpatient services provided at general acute medical/surgical hospitals was completed in December, 1994. The LoneSTAR Select II Contracting Program for acute inpatient mental health services provided at freestanding psychiatric hospitals was completed in June, 1995. The successful bidder will be responsible for evaluating the LoneSTAR Select Contracting Programs. Phase One - Task One involves the evaluation of the LoneSTAR Select I Contracting Program for inpatient services provided at general acute medical/surgical hospitals. Phase One - Task Two involves the evaluation of the LoneSTAR Select II Contracting Program for acute inpatient mental health services provided at freestanding psychiatric hospitals. Applicable waivers of federal statutory requirements, which would otherwise conflict with the programs, have been approved by the Secretary of Health and Human Services of the federal Health Care Financing Administration (HCFA). Applicable waivers for the LoneSTAR Select I Contracting Program were initially approved on July 6, 1994. A renewal of these waivers was requested and granted on August 20, 1996. Applicable waivers for the LoneSTAR Select II Contracting Program were initially approved on March 10, 1995. A renewal of these waivers was requested and granted on August 21, 1997. The approval of the applicable waivers of federal statutory requirements by HCFA is contingent upon the department arranging for an independent assessment of each waiver program with respect to access to care, quality of services and cost effectiveness. The results of each assessment must be submitted to HCFA no later than three months prior to the expiration date of each waiver. The waiver approval for the LoneSTAR Select I Contracting Program expires on August 31, 1998. As such, the department must submit an independent assessment of the LoneSTAR Select I Contracting Program to HCFA on or before June 1, 1998. The waiver approval for the LoneSTAR Select II Contracting Program expires on August 20, 1999. As such, the department must submit an independent assessment of the LoneSTAR Select II Contracting Program to HCFA on or before May 19, 1999. Texas Government Code Chapter 531 requires the Texas Health and Human Services Commission (HHSC) to establish managed care pilot programs statewide to control the cost to the state of providing Medicaid services while improving access to health care services for Medicaid clients and improving health status through improved health outcomes. In accordance with the statute, and in accordance with a delegation of authority from HHSC, the department will act as a prudent purchaser of health care services which will improve access to and quality of services for its Medicaid clients. In Phase Two of the RFP, the successful proposer may be requested to perform specific tasks which may include, but are not limited to, producing a feasibility study on how the implementation of Medicaid Managed Care in Texas may affect the department's current reimbursement policies, offering recommendations to the current reimbursement protocols relating to Graduate Medical Education (GME) payments, analyzing the impact of the implementation of Medicaid Managed Care on the hospital selective contracting process and analyzing the impact of Medicaid Managed Care on hospitals which participate in the Disproportionate Share Program. The consultant will work with the department project team, oversight committee and work groups, as necessary, and produce the required products. Eligible Applicants. The consultant must have experience in and knowledge of federal, Texas and other state health and human services agency practices and laws relating to Medicaid, Medicaid Managed Care and sec.1915(b) and sec.1115 waivers of the Social Security Act. The consultant should be familiar with the federal Medicaid program statutes, regulations, waiver application processes and issues, status of waivers implemented in other states and related issues which have arisen in other states, general principles and laws relating to managed care, including Medicaid Managed Care, and knowledge of managed care markets and market analysis both nationally and in Texas. Limitations. The department reserves the right to reject any and all offers received in response to the RFP and to cancel the RFP if it is deemed in the best interest of the department. Contact. Requests for information concerning the RFP may be obtained from Larry Fisher, Procurement Officer, Texas Department of Health, Health Care Financing, Mail Code Y-921, 1100 West 49th Street, Austin, Texas 78756-3199. Telephone number: (512) 794-6894. Requests for copies of the RFP must be submitted in writing to Larry Fisher at the above address or may be submitted by facsimile. Fax number: (512) 338-6544. Deadlines. All communications concerning this RFP must be addressed in writing to Stephen R. Svadlenak, Associate Commissioner for Health Care Financing Information, Finance and Support, Texas Department of Health, 1100 West 49th Street, Austin, Texas 78756-3199. The physical address for overnight and personal deliveries, also referred to in this notice as the "issuing office", is Stephen R. Svadlenak, Associate Commissioner for Health Care Financing Information, Finance and Support, Texas Department of Health, 11044 Research Boulevard, Building D, Room 400, Austin, Texas 78759. Each potential applicant is required to submit a non-binding Letter of Intent To Propose (Letter of Intent), which must be received in the issuing office no later than 4:00 p.m. on October 7, 1997. The Letter of Intent must state that the applicant is considering submitting a proposal. Only the proposals of those applicants who submit Letters of Intent will be considered. Letters of Intent which are not received timely at the issuing office will not be considered. The Letter of Intent must identify the entity that may submit a proposal in response to this RFP, and must be signed by an official of that entity. Responses to questions and other information pertaining to this procurement will be sent only to those potential applicants who submit a Letter of Intent. Potential applicants must include their fax number in the Letter of Intent to provide for the expedited transmission of information pertaining to this procurement. The Letter of Intent must be addressed to Stephen R. Svadlenak, at the address shown above. Prospective applicants are encouraged to fax Letters of Intent to (512) 338-6544 to ensure timely receipt. By submitting a signed proposal, an applicant agrees that it fully understands the RFP and will abide by the terms and conditions contained in the RFP. No exceptions, amendments, or deviations will be allowed in any response unless agreed to in writing and prior to the date that responses are due. Unauthorized exceptions, amendments, or deviations in a response may result in disqualification of the proposal. To be considered, proposals must be received in the issuing office no later than 4:00 p.m. on November 3, 1997. Proposals may not be faxed, only originals will be accepted. An applicant workshop for prospective applicants will be held on September 30, 1997 at 1:00 p.m. The workshop will be held in the EDS Presentation Room, Building A, 1st floor, Stratum Complex, 11044 Research Boulevard, Austin, Texas. No reservations are necessary. Evaluation and Selection. Applications will be reviewed by an evaluation committee. The evaluation of the application will be based upon areas of consideration listed in the RFP. Issued in Austin, Texas, on August 29, 1997. TRD-9711510 Susan K. Steeg General Counsel Texas Department of Health Filed: August 29, 1997 Notice of Request for Proposal for Maternal and Child Health Services for Falls, Freestone and Coryell Counties in Texas Department of Health Public Health Region 7 Texas Department of Health (department), Bureau of Clinical and Nutrition Services, is accepting requests for proposals (RFP) for the provision of maternal and child health services for Falls, Freestone and Coryell Counties. Services include prenatal, family planning, preventive child health care, and case management. Notification of awards will be determined by October 10, 1997. Contracts which may be awarded as a result of this process will have a start date of November 1, 1997 through August 31, 1998. If none of the applicants satisfactorily meet the criteria, the department reserves the right to refrain from making a selection. The department also reserves the right not to make an award because of changing funding priorities. After application review and evaluation, an applicant will be selected to negotiate a contract. The final amount of the contract will be determined through negotiations between the department and the applicant. The department reserves the right to adjust the funding allocation during the term of the contract pursuant to the terms of the contract. Individuals or agencies interested in submitting a proposal should request the RFP package from Sherril Miller, Title V Coordinator, Telephone (512) 458-7444 ext. 2016. The original and one copy of the proposal must be postmarked by 5:00 p.m. CST on September 30, 1997, Texas Department of Health, Room M370, 1100 West 49th Street, Austin, Texas 78756. Proposals postmarked after the deadline or incomplete proposals will not be evaluated. Issued in Austin, Texas, on September 4, 1997. TRD-9711676 Susan K. Steeg General Counsel Texas Department of Health Filed: September 4, 1997 Notice of Revocation of Certificates of Registration The Texas Department of Health, having duly filed complaints pursuant to Texas Regulations for Control of Radiation, Part 13 (25 Texas Administrative Code sec.289.112), has revoked the following certificates of registration: John Baucum, III, D.D.S., P.C., Corpus Christi, R07118, August 22, 1997; Jeffrey A. Facey, D.D.S., Houston, R14332, August 22, 1997; Lifestyle Clinic, Floydada, R16083, August 22, 1997; Jerry L. Wendel, D.V.M., P.C., San Antonio, R16249, August 22, 1997; East Dallas Medical Clinic, Dallas, R17634, August 22, 1997; Ramiro De Los Santos, M.D., Eagle Pass, R19576, August 22, 1997; Golden Touch, Irving, R19867, August 22, 1997; Southwest Plastic Surgery Center, Sugar Land, R19904, August 22, 1997; Bedford Back Care Center, Bedford, R19970, August 22, 1997; Lindale Chiropractic Clinic, Houston, R20078, August 22, 1997; Medical Engineering, San Antonio, R21363, August 22, 1997. A copy of all relevant material is available for public inspection at the Bureau of Radiation Control, Exchange Building, 8407 Wall Street, Austin, Texas, Monday-Friday, 8:00 a.m. to 5:00 p.m. (except holidays). Issued in Austin, Texas, on September 5, 1997. TRD-9711738 Susan K. Steeg General Counsel Texas Department of Health Filed: September 5, 1997 Notice of Revocation of a Radioactive Material License The Texas Department of Health, having duly filed complaints pursuant to Texas Regulations for Control of Radiation, Part 13 (25 Texas Administrative Code sec.289.112), has revoked the following radioactive material license: Hepatix, Incorporated, Houston, G01572, August 22, 1997. A copy of all relevant material is available for public inspection at the Bureau of Radiation Control, Exchange Building, 8407 Wall Street, Austin, Texas, Monday-Friday, 8:00 a.m. to 5:00 p.m. (except holidays). Issued in Austin, Texas, on September 5, 1997. TRD-9711736 Susan K. Steeg General Counsel Texas Department of Health Filed: September 5, 1997 Patient Health Care Information Fees for General and Special Hospitals The Texas Department of Health licenses general and special hospitals under the Health and Safety Code, Chapter 241. In 1995, the Texas Legislature amended the law to address the release and confidentiality of health care information. In accordance with sec.241.154(c) of the Health and Safety Code, the fee for providing a patient's health care information has been adjusted 2.2% to reflect the most recent changes to the consumer price index as published by the Bureau of Labor Statistics (BLS) of the United States Department of Labor. The BLS measures the average changes in prices of goods and services purchased by urban wage earners and clerical worker's families and single workers living alone. With the adjustment, the fee may not exceed the sum of: (1) a retrieval or processing fee, which must include the fee for providing the first ten pages of the copies and which may not exceed $31.58; and (A) a charge for each page of: (i) $1.05 for the 11th through the 60th page of the provided copies; (ii) $.53 for the 61st through the 400th page of the provided copies; and (iii) $.27 for any remaining pages of the provided copies; and (B) the actual cost of mailing, shipping, or otherwise delivering the provided copies; or (2) if the requested records are stored on any microform or other electronic medium, a retrieval or processing fee, which must include the fee for providing the first ten pages of the copies and which may not exceed $47.37; and (A) $1.05 per page thereafter; and (B) the actual cost of mailing, shipping, or otherwise delivering the provided copies. This is published only as a courtesy to licensed hospitals. Hospitals are responsible for verifying that any fees charged for health care information are in accordance with the Health and Safety Code, Chapter 241. If you have any questions, please call John M. Evans, Jr., Hospital Licensing Director, Health Facility Licensing Division, Texas Department of Health, at (512) 834-6648. Issued in Austin, Texas, on September 4, 1997. TRD-9711685 Susan K. Steeg General Counsel Texas Department of Health Filed: September 4, 1997 Texas Health and Human Services Commission Notice of Public Hearing The Texas Health and Human Services Commission and the Texas Department of Human Services will conduct a joint public hearing to receive public comment on proposed payment rates for the following programs and services: nonpriority services in the Primary Home Care and Family Care Program; Assisted Living Services/Residential Care of the Community-based Alternatives (CBA) Program; and the Residential Care Program. The hearing will be held in compliance with 40 T.A.C. sec.24.101(b)(4), which requires public hearings on proposed payment rates for medical assistance programs. The joint public hearing will be held on September 26, 1997, at 1:30 p.m. in Room 460 of the John H. Winters Human Services Building at 701 West 51st Street, Austin, Texas (fourth floor, West Tower). Written comments regarding payment rates set by the Health and Human Services Commission may be submitted in lieu of testimony until 5:00 p.m. the day of the hearing. Written comments may be delivered by U.S. mail or express delivery to the attention of Ms. Barbara Tejero, Texas Health and Human Services Commission, P. O. Box 13247, Austin, Texas 78711. Hand deliveries will be accepted at 4900 North Lamar Boulevard, Fourth Floor, Austin, Texas 78751. Alternatively, written comments may be delivered via facsimile to Ms. Tejero at (512) 424-6586. Persons with disabilities who wish to attend the hearing and require auxiliary aids or services should contact Mr. Ron Dowling of the Texas Department of Human Services at MC-425, P.O. Box 149030, Austin, Texas 78714-9030, telephone number (512) 438-4817. Issued in Austin, Texas, on September 8, 1997. TRD-9711825 Marina Henderson Executive Deputy Commissioner Texas Health and Human Services Commission Filed: September 8, 1997 Texas Department of Human Services Correction of Error The Texas Department of Human Services proposed amendments to 40 TAC sec.3.501 and sec.3.1601. The rules appeared in the August 5, 1997, issue of the Texas Register, (22 TexReg 7211). On page 7211, the fourth paragraph of the preamble should include the complete phone number as follows: Questions about the content of this proposal may be directed to Kevin Brown at (512) 438-3084 in DHS's Client Self-Support Section. Notice of Public Hearing-Proposed Payment Rates for Nonpriority Services in the Primary Home Care and Family Care Programs; Assisted Living Services/Residential Care of the Community Based Alternatives Waiver (CBA); and the Residential Care Program The Texas Department of Human Services and the Texas Health and Human Services Commission will conduct a public hearing to receive comments on proposed payment rates for the following services/programs: nonpriority services in the Primary Home Care and Family Care Program; Assisted Living Services/Residential Care of the Community Based Alternatives Waiver (CBA); and the Residential Care Program. The hearing is held in compliance with 40 TAC sec.24.101(b)(4), which requires public hearings on proposed payment rates. The public hearing will be held on September 26, 1997 at 1:30 p.m. in Conference Room 460 of the John H. Winters Building (701 West 51st Street, Austin, Texas, Fourth Floor, West Tower). If you are unable to attend the hearing, but wish to comment on proposed payment rates, written comments will be accepted if received by 5:00 p.m. of the day of the hearing. Please address written comments to the attention of Ron Dowling. Written comments may be mailed to the address noted as follows, delivered to the receptionist in the lobby in the John H. Winters Center, or faxed to (512) 438- 3014. Interested parties may request to have mailed to them or pick up briefing packages concerning the proposed payment rates on or after September 12, 1997 by contacting Ron Dowling, MC W-425, P.O. Box 149030, Austin, Texas 78714-9030, (512) 438- 4817. Persons with disabilities planning to attend a hearing who may need auxiliary aids or services are asked to contact Ron Dowling, (512) 438-4817 by September 18, 1997, so that appropriate arrangements can be made. Issued in Austin, Texas, on September 8, 1997. TRD-9711826 Glenn Scott General Counsel Texas Department of Human Services Filed: September 8, 1997 Texas Department of Insurance Notice of Application by VHP DENTAL, INC. 1 AUSTIN, TEXAS for Issuance of a Certificate of Authority to Establish and Operate an HMO in the State of Texas Notice is given to the public of the application of VHP DENTAL, INC., Austin, Texas for the issuance of a certificate of authority to establish and operate a health maintenance organization (HMO) offering single health care services in the State of Texas in compliance with the Texas HMO Act and rules and regulations for HMOs. The application is subject to public inspection at the offices of the Texas Department of Insurance, Insurer Services Division, 333 Guadalupe, Hobby Tower Ill, Fifth Floor, Austin, Texas. Upon consideration of the application, if the Commissioner is satisfied that all requirements of law have been met, the Commissioner or his designee may take action to issue a certificate of authority to VHP DENTAL, INC., Austin, Texas, without a public hearing. Issued in Austin, Texas, on August 28, 1997. TRD-9711500 Bernice Ross Deputy Chief Clerk Texas Department of Insurance Filed: August 29, 1997 Notice of Public Hearing The Commissioner of Insurance will hold a public hearing under Docket Number 2303 on October 14, 1997 at 9:00 a. m. in Room 100 of the Texas Department of Insurance Building, 333 Guadalupe Street in Austin, Texas, to consider a petition by the staff of the Texas Department of Insurance proposing: (1) the promulgation of a Texas Automobile Rental Liability Policy and a Texas Automobile Rental Liability Excess Policy; (2) adoption of an amendment to Rule 134, Leasing or Rental Concerns, in the policy rules Section VII of the Texas Automobile Rules and Rating Manual (Manual); (3) adoption of a new Rule 141, Rental Car Companies, in the policy rules Section VII of the Manual; and (4) adoption of a new Rule 141, Rental Car Companies, in Section VII of the rating rules part of the Manual. The proposed policy forms and rating rules establish the coverage and rates that must be used by (i) an authorized insurer to provide primary and excess automobile rental liability insurance to a rental car company and (ii) a rental car company or its franchisee when selling primary and excess automobile rental liability insurance to a person who rents or leases a private passenger motor vehicle from the rental car company or its franchisee. The proposed policy writing rules specify eligibility and disclosure requirements and procedures that must be used by a rental car company or its franchisee when selling primary and excess automobile rental liability insurance to rental car customers. The petition requests consideration and adoption of two new policy forms: (i) the Texas Automobile Rental Liability Policy (hereinafter referred to as the primary policy) and (ii) the Texas Automobile Rental Liability Excess Policy (hereinafter referred to as the excess policy). The proposed primary and excess policies are designed to be issued by an authorized insurer to a rental car company or its franchisee, who will be the policyholder. The rental car company as the policyholder and as a licensee pursuant to Article 21.07 of the Insurance Code shall issue evidences of coverage for each of the policies to persons renting or leasing autos who purchase automobile rental liability insurance from the rental car company or its franchisee. Under the primary policy, the rental customer will be a named insured under the policy. The rental car company as policyholder is not an insured under either policy. Neither the proposed primary policy nor the proposed excess policy provide coverage for property damage to the rental vehicle. Both proposed policy forms contain the statutory notice of settlement of liability claims required by Article 21.56 of the Insurance Code. The proposed primary policy provides liability coverage to a person who rents or leases a private passenger motor vehicle from a rental car company or its franchisee. The proposed primary policy also extends coverage to any authorized driver specified in the rental agreement and provides that the insurer will pay all sums that an insured legally must pay as damages because of bodily injury or property damage resulting from an accident involving a rental vehicle. According to the coverage provisions of the proposed primary policy, in order for the coverage to apply, (i) the rental liability insurance must have been elected by the renter at the origin of the rental agreement; (ii) the rental agreement must have been executed in Texas during the policy period; and (iii) the accident must occur while the rental agreement is in effect. The proposed primary policy also provides personal injury protection coverage (pursuant to the statutory requirements of Article 5.06-3 of the Insurance Code) and uninsured/underinsured motorist coverage (pursuant to the statutory requirements of Article 5.06-1 of the Insurance Code) to the renter and authorized drivers, and to any family member of either, unless such coverage is rejected by the renter at the time the rental agreement is executed. The coverage provided by the proposed primary policy is primary insurance for the renter or authorized drivers regardless of any other automobile liability insurance available to the renter or authorized drivers. The proposed excess policy provides liability coverage on an excess basis to any person who rents or leases a private passenger motor vehicle from a rental car company or its franchisee and to any authorized drivers specified in the rental agreement. The proposed excess policy provides that an insurer will pay all sums that a renter or authorized driver becomes legally obligated to pay as damages in excess of the minimum financial responsibility liability limits for bodily injury and property damage that result from an accident involving a rental vehicle. According to the coverage provisions of the proposed excess policy, in order for the coverage to apply, (i) the rental liability insurance must have been elected by the renter at the origin of the rental agreement; (ii) the rental agreement must have been executed in Texas during the policy period; and (iii) the accident must occur while the rental agreement is in effect. The proposed excess policy allows an insurer to opt (i) to provide a defense for a claim which may exceed the minimum financial responsibility limits or (ii) to pay the legal expenses that an insured incurs in the investigation or defense of claims, suits, or other legal proceedings. The petition proposes an amendment to Rule 134, Leasing or Rental Concerns, in the policy rules Section VII--Special Types of the Manual (No amendments to Rate Rule 134 are proposed). Staff proposes to amend Rule 134 to provide that Rule 141, in lieu of Rule 134, shall apply to a rental car company or its franchisee that rents motor vehicles of the private passenger type, including passenger vans and minivans, that are primarily intended for the transport of persons and that sells automobile rental liability insurance to renters or prospective renters of such vehicles. The petition proposes the adoption of a new Rule 141, Rental Car Companies, to be incorporated in the policy rules Section VII--Special Types in the Manual. This rule proposes requirements concerning eligibility criteria for the proposed primary and excess liability policies, the evidence of coverage, and the disclosures that must be provided by the rental car company or its franchisee. Proposed Section A on "Eligibility" stipulates that the rule applies to motor vehicles of the private passenger type, including passenger vans and minivans, that are primarily intended for the transport of persons and that are rented to persons by a rental car company or its franchisee under a rental agreement executed in Texas for a rental period that does not exceed 30 consecutive days. The proposed eligibility provisions provide that a rental car company or its franchisee may sell, subject to the disclosures in Section D of proposed policy Rule 141, primary automobile rental liability insurance to a person who rents or leases a motor vehicle. The proposed eligibility provisions provide that a rental car company or its franchisee may sell excess automobile rental liability insurance to a person who rents or leases a motor vehicle subject to (i) the requirement that the prospective renter already has an automobile liability policy in effect; (ii) the disclosures required in Section D of the proposed rule; and (iii) the requirement that the excess insurance is excess over the basic limits as specified in Rule 43.A. of the Manual, regardless of the limits of the renter's automobile policy. The proposed rule prohibits a rental car company or its franchisee from selling excess insurance to a person who rents or leases a motor vehicle and who purchases primary automobile rental liability insurance from the rental car company or its franchisee. Section B of proposed policy Rule 141 addresses requirements for evidence of coverage. This proposed section provides that the rental agreement may serve as evidence of coverage or the evidence of coverage may be provided separately. This proposed section also sets forth the minimum information that must be included in the evidence of coverage whether the rental agreement serves as evidence of coverage or whether the evidence of coverage is provided separately. At a minimum, the required information that must be included in the evidence of coverage is: the name of the insurer; the policy number; the identification of the person renting or leasing the vehicle as a named insured under the policy; the limits of liability, and a description of the process for filing a claim. Section C of proposed policy Rule 141 provides that the rental agreement or evidence of coverage may not amend the conditions or provisions of the policy contract. Section D of proposed policy Rule 141 specifies required disclosures. This proposed section provides that a rental car company or its franchisee may not offer to sell or sell primary or excess automobile rental liability insurance to a renter unless certain written and oral disclosures are provided at each location where the rental car agreements are executed. The rental car company or its franchisee must prominently display and have readily available to a prospective renter, brochures or other written materials that clearly and correctly summarize the material terms of the insurance coverage and must disclose in a document provided separately, and prior to any offer to sell automobile rental liability insurance, that the renter may not need the automobile insurance offered by the rental car company, that the automobile rental liability insurance may provide a duplication of coverage already provided by the renter's personal automobile insurance policy, and that the purchase of the automobile rental liability insurance is not required as a condition to rent a vehicle. This section proposes prescribed language for statements that must be included in this disclosure. This section also requires that, in addition to any written material and prior to any offer to sell automobile rental liability insurance, oral statements must be made by an employee of the rental car company or its franchisee to a prospective renter informing the prospective renter that he or she may not need the automobile rental liability insurance, that the automobile rental liability coverage may provide a duplication of coverage, and that the purchase of the automobile rental liability insurance is not required as a condition of renting an automobile. This section also proposes prescribed language for statements that must be included in this disclosure. Section E of proposed policy Rule 141 refers the user of the Manual to Rating Section VII in the Manual (under Rate Rule 141) for premium computation for the proposed primary and excess insurance. The petition proposes the adoption of new Rate Rule 141, Rental Car Companies, to be incorporated into Rating Section VII--Special Types in the Manual. The proposed rate rule proposes base rates on a per day basis for the proposed primary policy covering the minimum financial responsibility limits of liability for bodily injury liability, property damage liability, bodily injury/property damage liability combined single limit, uninsured/underinsured motorist bodily injury liability, uninsured/underinsured motorist property damage, uninsured/underinsured motorist bodily injury/property damage combined single limit, and personal injury protection. The proposed rate rule also contains increased limits tables and instructions on calculating a rate for a policy with higher limits of liability and on calculating the rate for the excess policy. According to the petition, adoption of staff's proposals is necessary because of the enactment of House Bill (H.B.) 3563 by the 75th Legislature. H.B. 3563 authorizes limited licensure of rental car companies and their franchisees to sell certain types of insurance in connection with the rental of private passenger motor vehicles, including excess liability insurance, accident and health insurance that provides coverage for accidental death or dismemberment and for medical expenses, personal effects insurance, and any other coverage deemed meaningful and appropriate by the Commissioner. The new statute is contained in Article 21.07, sec.21 of the Insurance Code. The proposed policy forms and Manual policy rules and rate rules are necessary to implement the new statute to enable rental car companies to sell primary automobile rental liability insurance and excess automobile rental liability insurance to renters of private passenger motor vehicles and to regulate the selling of these types of insurance by rental car companies. The petition provides further details on the reasons the new policy forms and rules are needed. The petition also outlines staff's methods for determining the proposed rates in Rule 141. The Commissioner has jurisdiction of this matter pursuant to the Insurance Code, Articles 5.06, 5.10, 5.101, 5.96, 5.98, and 21.07. Copies of the full text of the staff petition, the proposed policy forms, and the proposed Manual rules are available for review in the Office of the Chief Clerk of the Texas Department of Insurance, 333 Guadalupe Street, Austin, Texas, 78714-9104. For further information or to request copies of the staff petition, proposed policy forms, and proposed Manual rules, please contact Angie Arizpe at (512) 322-4147, (refer to reference number A-0997-25-I). Comments on the proposed changes must be submitted in writing within 30 days after publication of the proposal in the Texas Register to the Office of the Chief Clerk, P. O. Box 149104, MC 113-2A, Austin, Texas 78714-9104. An additional copy of the comment should be submitted to David Durden, Deputy Commissioner for Property and Casualty Lines, P. O. Box 149104, MC 104-5A, Austin, Texas 78714-9104. This notification is made pursuant to the Insurance Code, Article 5.96, which exempts action taken under Article 5.96 from the requirements of the Administrative Procedure Act (Government Code, Title 10, Chapter 2001). This agency hereby certifies that the proposed forms and rules have been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on September 8, 1997. TRD-9711810 Bernice Ross Deputy Chief Clerk Texas Department of Insurance Filed: September 8, 1997 Notice of Public Hearing The Commissioner of Insurance will hold a public hearing under Docket Number 2302, on September 30, 1997, at 9:00 a.m. in Room 100 of the Texas Department of Insurance Building, 333 Guadalupe Street in Austin, Texas, to consider a petition by the Texas Catastrophe Property Insurance Association (TCPIA) requesting approval to distribute the individual company equity account balance to Quincy Mutual Fire Insurance Company (Quincy Mutual), Quincy, Massachusetts. Quincy Mutual is a former member of the TCPIA that voluntarily ceased writing property insurance in Texas; the company's certificate of authority was canceled on September 20, 1989. Previously, pursuant to Board Order Number 60408 (July 8, 1993), approval was granted in error (in response to an erroneous petition filed by the TCPIA) to distribute the equity account balance of Quincy Mutual to the receiver of Quincy Mutual. At the time that Board Order Number 60408 was issued, Quincy Mutual was not in receivership but rather had withdrawn from writing property insurance in the state. The petition by the TCPIA requests that Board Order Number 60408 be revised and that approval be granted to the TCPIA to distribute Quincy Mutual's equity account balance as of September 20, 1989, because of the company's withdrawal from the state at that time. The TCPIA operates pursuant to the Insurance Code, Article 21.49 provide windstorm and hail insurance to certain designated catastrophe areas of the State of Texas. Pursuant to Article 21.49, sec.4(a), the TCPIA is composed of all property insurers authorized to transact property insurance in this state. The TCPIA plan of operation and all amendments to the plan are adopted by the Commissioner of Insurance pursuant to Article 21.49 of the Insurance Code and are set forth in 28 TAC sec.sec.5.4001-5.4008. In 1989, at the time that Quincy Mutual's certificate of authority was canceled, pursuant to 28 TAC 5.4001(c)(3), balances in equity accounts in the TCPIA for former members could not be distributed without the approval of the Commissioner of Insurance. The hearing is held pursuant to the Insurance Code, Article 21.49, sec.5A which provides that the Commissioner, after notice and hearing, may issue any orders considered necessary to carry out the purposes of Article 21.49 (Catastrophe Property Insurance Pool Act), including, but not limited to, maximum rates, competitive rates, and policy forms. Any person may appear and testify for or against the requested distribution. Copies of the full text of the petition are available for review in the Office of the Chief Clerk of the Texas Department of Insurance, 333 Guadalupe Street, Austin, Texas, 78714-9104. For further information or to request copies of the petition, please contact Angie Arizpe at (512)322-4147 (refer to Reference Number P-0897-24). Issued in Austin, Texas, on September 4, 1997. TRD-9711672 Bernice Ross Deputy Chief Clerk Texas Department of Insurance Filed: September 4, 1997 Third Party Administrator Applications 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 Best Health Care of Texas, Inc., a domestic third party administrator. The home office is Austin, 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. Issued in Austin, Texas, on September 8, 1997. TRD-9711809 Bernice Ross Deputy Chief Clerk Texas Department of Insurance Filed: September 8, 1997 Third Party Administrator Applications The following third party administrator (TPA) applications have been filed with the Texas Department of Insurance and are under consideration. Application for admission to Texas of Automobile Autosure Services, Inc.,(using the assumed name of WGI Insurance Services), a foreign third party administrator. The home office is San Diego, California. 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. Issued in Austin, Texas, on September 5, 1997. TRD-9711735 Bernice Ross Deputy Chief Clerk Texas Department of Insurance Filed: September 5, 1997 Texas Low-Level Radioactive Waste Disposal Authority Notice of Contract Award Under the provisions of Government Code, Chapter 2254, the Texas Low-Level Radioactive Waste Disposal Authority publishes this notice of a consulting services award for providing radiation safety/health physics consultation for the licensing and development of the Authority's facility. The consultant will also prepare and revise operating plans and detailed operations procedures; and assist with the environmental monitoring program and emergency planning at the proposed facility. The request for consultant proposal was published in the July 22, 1997, Texas Register (22 TexReg 6894). The consultant proposal contract was awarded to Hugh W. Bryant, 7308 Grass Cove, Austin, Texas 78759; (512) 257-1749. The total value of the contract is $15,000. The contract period begins on September 1, 1997, and will continue until August 31, 1998. For additional information, contact Susan Jablonski, Texas Low-Level Radioactive Waste Disposal Authority, 7701 North Lamar Boulevard, Suite 300, Austin, Texas 78752, (512) 451-5292. Issued in Austin, Texas, on August 29, 1997. TRD-9711494 Lee H. Mathews Deputy General Manager and General Counsel Texas Low-Level Radioactive Waste Disposal Authority Filed: August 29, 1997 Texas Natural Resource Conservation Commission Enforcement Orders An agreed order was entered regarding LONGVIEW BRASS AND ALUMINUM COMPANY, BILL COLEY AND ALTON COLEY, Docket Number 95-1087-IHW-E (SWR Number 83214) on August 28, 1997 assessing $50,440 in administrative penalties with $15,440 deferred. Information concerning any aspect of this order may be obtained by contacting Thomas Corwin, Staff Attorney at (512) 239-5915 or Mohammed Moheeth, Enforcement Coordinator at (512) 239-2262, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087. An agreed order was entered regarding MIRELES, ARNOLDO DBA FALFURRIAS WATER PUMP SERVICES, Docket Number 96-0354-WWD-E (Unlicensed) on August 21, 1997 assessing $1,000 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Kathy Keils, Staff Attorney at (512) 239-0678 or Lee Parham, Enforcement Coordinator at (512) 239-0539, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087. An agreed order was entered regarding RUTHERFORD, ALLEN, Docket Number 96-0754- WWD-E (License Number 1366WP) on August 21, 1997 assessing $4,500 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Kathy Keils, Staff Attorney at (512) 239-0678 or Lee Parham, Enforcement Coordinator, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087. An agreed order was entered regarding PHILLIPS PETROLEUM COMPANY, Docket Number 97-0100-IWD-E (Permit Number 00721-001) on August 28, 1997 assessing $291,500 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Guy Henry, Staff Attorney at (512) 239-6259 or Bill Main, Enforcement Coordinator at (512) 239-4481, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087. An agreed order was entered regarding HOLIDAY WATER SERVICE, INCORPORATED, Docket Number 97-0022-PWS-E (PWS Number 0100037, CCN Number 11793) on August 21, 1997 assessing $15,055 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Tom Napier, Enforcement Coordinator at (512) 239-6063, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087. An agreed order was entered regarding KIRKSEY, DON DBA J & J MOBILE HOME PARK, Docket Number 96-1993-PWS-E (PWS Number 2370069) on August 21, 1997 assessing $1,130 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Katharine Wheatley, Enforcement Coordinator at (512) 239-4757, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087. An agreed order was entered regarding WONG, RAYMOND DBA SATSUMA PARK VILLA MOBILE HOME PARK, Docket Number 96-1714-PWS-E (PWS Number 1010763) on August 21, 1997 assessing $630.00 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Mary Risner, Staff Attorney at (512) 239-6224 or Katharine Wheatley, Enforcement Coordinator at (512) 239-4757, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087. A default order was entered regarding BELL, PETE DBA CROWLEY TWO ACRE SUBDIVISION, Docket Number 96-0672-PWS-E (PWS Number 1260012, CCN Number 11539) on August 21, 1997 assessing $2,560 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Cecily Small, Staff Attorney at (512) 239-2940 or Katharine Wheatley, Enforcement Coordinator at (512) 239-4757, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087. A default order was entered regarding BELL, PETE DBA STONEFIELD WATER SYSTEM, Docket Number 96-0916-PWS-E (PWS Number 1260118, CCN Number on August 21, 1997 assessing $26,570 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Cecily Small, Staff Attorney at (512) 239-2940, Katharine Wheatley, Enforcement Coordinator at (512) 239-4757 or Terry Thompson, Enforcement Coordinator at, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087. An agreed order was entered regarding LA MARQUE, CITY OF, Docket Number 96-1752- MWD-E (Permit Number 10410-001) on August 21, 1997 assessing $14,960 in administrative penalties with $4,488 deferred. Information concerning any aspect of this order may be obtained by contacting Gregary Warmink, Staff Attorney at (512) 239-0612 or Mary Smith, Enforcement Coordinator at (512) 239-4484, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087. An agreed order was entered regarding NEWPARK SHIPBUILDING AND REPAIR, INCORPORATED, Docket Number 97-0155-IHW-E (SWR Number 30177) on August 21, 1997 assessing $56,960 in administrative penalties with $11,392 deferred. Information concerning any aspect of this order may be obtained by contacting Adele Noel, Enforcement Coordinator at (512) 239-1045, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087. An agreed order was entered regarding AVERY, CITY OF, Docket Number 97-0238-MWD- E (Permit Number 10733-002) on August 21, 1997. Information concerning any aspect of this order may be obtained by contacting Gilbert Angelle, Enforcement Coordinator at (512) 239-4489, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087. A default order was entered regarding PRECISION PROCESSORS, INCORPORATED, Docket Number 96-1798-MSW-E (MSW Number 647, Enforcement ID Number 2648) on August 21, 1997 assessing $42,320 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Mary Risner, Staff Attorney at (512) 239-6224 or Tim Haase, Enforcement Coordinator at (512) 239-6007, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087. An agreed order was entered regarding MALONE, CITY OF, Docket Number 97-0266- MWD-E (Permit Number 10514-001) on August 21, 1997 assessing $4,320 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Michael Meyer, Enforcement Coordinator at (512) 239-4492, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087. An agreed order was entered regarding BENJAMIN, CITY OF, Docket Number 97-0267- MWD-E (Permit Number 11162-001) on August 21, 1997 assessing $2,880 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Brian Lehmkuhle, Enforcement Coordinator at (512) 239-4482, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087. An agreed order was entered regarding JAMES F. LUNSFORD, TRUSTEE FOR FAIRVIEW JOINT VENTURE, Docket Number 96-1355-MWD-E (Permit Number 13806-001) on August 21, 1997 assessing $7,420 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Kathy Keils, Staff Attorney at (512) 239-0678 or Brain 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 MALAKOFF, CITY OF, Docket Number 96-1543- MWD-E (Permit Number 10738-001) on August 21, 1997 assessing $13,760 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Guy Henry, Staff Attorney at (512) 239-6259 or Mike Meyer, Enforcement Coordinator at (512) 239-4492, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087. An agreed order was entered regarding HARLINGEN, CITY OF, Docket Number 96-1970- MWD-E (Permit Number 10490-003) on August 21, 1997 assessing $65,600 in administrative penalties with $19,680 deferred. Information concerning any aspect of this order may be obtained by contacting Pamela Campbell, Enforcement Coordinator at (512) 239-4493, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087. An agreed order was entered regarding SCHELLENBERG, DANIEL, Docket Number 97- 0541-OSI-E (Certification Number 3871) on August 21, 1997 assessing $1,250 in administrative penalties with $250 deferred. Information concerning any aspect of this order may be obtained by contacting Lee Parham, Enforcement Coordinator at (512) 239-0539, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087. An agreed order was entered regarding PATEL, MR. RANJI AND MR. VIPUL PATEL, Docket Number 97-0359-PST-E (Facility Number 4821, Enforcement ID Number E11330) on August 21, 1997 assessing $4,400 in administrative penalties with $880.00 deferred. Information concerning any aspect of this order may be obtained by contacting Ray Winter, Staff Attorney at (512) 239-0600 or Srini Kusumanchi, Enforcement Coordinator at (512) 239-5874, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087. An agreed order was entered regarding G & G GUERRA ENTERPRISES, INCORPORATED, Docket Number 96-0848-PST-E (Facility Number 69629, Enforcement ID Number 5652) on August 21, 1997 assessing $3,700 in administrative penalties with $3,700 deferred. Information concerning any aspect of this order may be obtained by contacting Lisa Newcombe, Staff Attorney at (512) 239-2269 or Sushil Modak, Enforcement Coordinator at (512) 239-2142, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087. An agreed order was entered regarding COLISEUM ADVISORY BOARD, Docket Number 97- 0293-PST-E (Facility Number 0012526, Enforcement ID Number E11375) on August 21, 1997 assessing $1,800 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Walter Ehresman, Staff Attorney at (512) 239-0573 or Sushil Modak, Enforcement Coordinator at (512) 239-2142, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087. An agreed order was entered regarding NOLAN OIL COMPANY, INCORPORATED, Docket Number 97-0372-PST-E (Facility Number 38082, Enforcement ID Number E10948) on August 21, 1997 assessing $6,800 in administrative penalties with $1,360 deferred. Information concerning any aspect of this order may be obtained by contacting Ray Winter, Staff Attorney at (512) 239-0600 or Srini Kusumanchi, Enforcement Coordinator at (512) 239-2126, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087. An agreed order was entered regarding O'NEAL, MRS. NORMA AND MR. ROBERT CARR VINCENT DBA O'NEAL & VINCENT, Docket Number 97-0183-PST-E (Facility Number 16308, Enforcement ID Number E11723) on August 21, 1997 assessing $16,000 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Patricia Welton, Staff Attorney at (512) 239-3400 or Sushil Modak, Enforcement Coordinator at (512) 239-2142, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087. A default order was entered regarding CROCKETT, RANDALL AND CROCKETT CONSTRUCTION, Docket Number 97-0325-OSI-E ( No License, Enforcement ID Number 3534) on August 28, 1997 assessing $2,500 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Booker Harrison, Staff Attorney at (512) 239-4113 or Lee Parham, Enforcement Coordinator at (512) 239-0539, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087. An agreed order was entered regarding PRIMERA, CITY OF, Docket Number 97-0133- PWS-E (PWS Number 0310094) on August 28, 1997 assessing $3,250 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Dorothy Young, Enforcement Coordinator at (512) 239-6064, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087. An agreed order was entered regarding VAUDAGNA, MARC DBA THE RUSTIC OAK, Docket Number 96-1779-PWS-E (PWS Number 1012165) on August 28, 1997 assessing $1,800 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Cecily Small, Staff Attorney at (512) 239-2940 or Tom Napier, Enforcement Coordinator at (512) 239-6063, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087. An agreed order was entered regarding MUSKRELLA, MIKE DBA COUNTY LINE MARKET, Docket Number 96-1992-PWS-E (PWS Number 0790234) on August 28, 1997 assessing $930.00 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Katharine Wheatley, Enforcement Coordinator at (512) 239-4757, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087. An agreed order was entered regarding CAPITOL PRESSURE WASHING, Docket Number 97-0147-PST-E (Facility Number 68959, Enforcement ID Number E10071) on August 28, 1997 assessing $3,200 in administrative penalties with $640.00 deferred. Information concerning any aspect of this order may be obtained by contacting Ray Winter, Staff Attorney at (512) 239-3400 or Sushil Modak, Enforcement Coordinator at (512) 239-2142, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087. An agreed order was entered regarding SUTTON, GORDON AND UVALDE WATER SUPPLY CORPORATION, Docket Number 96-1925-PWS-E (PWS Number 2320018) on August 28, 1997 assessing $4,340 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Dorothy Young, Enforcement Coordinator at (512) 239-6064, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087. An agreed order was entered regarding DONAHUE, JIM DBA BINFORD PLACE SUBDIVISION WATER SYSTEM, Docket Number 96-0563-PWS-E (PWS Number 1011551, Enforcement ID Number 6493, CNN Number 12258) on August 28, 1997 assessing $8,430 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Tracy Harrison, Staff Attorney at (512) 239-1736 or Katharine Wheatley, Enforcement Coordinator at (512) 239-4757, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087. An agreed order was entered regarding U.S. DEPARTMENT OF THE ARMY - LONGHORN ARMY AMMUNITION PLANT, Docket Number 97-0216-IWD-E (Permit Number 02713) on August 28, 1997. Information concerning any aspect of this order may be obtained by contacting Michael Meyer, Enforcement Coordinator at (512) 239-4492, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087. An agreed order was entered regarding QUANAH, CITY OF, Docket Number 96-1445- MWD-E (Permit Number 10600-001) on August 28, 1997 assessing $13,280 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Guy Henry, Staff Attorney at (512) 239-6259 or Lin Zhang, Enforcement Coordinator at (512) 239-4497, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087. An agreed order was entered regarding TEXAS DEPARTMENT OF MENTAL HEALTH & MENTAL RETARDATION, Docket Number 97-0113-MWD-E (Permit Number 10717-001) on August 28, 1997 assessing $6,880 in administrative penalties with $1,376 deferred. Information concerning any aspect of this order may be obtained by contacting Laurie Eaves, Enforcement Coordinator at (512) 239-4495, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087. An agreed order was entered regarding WINDERMERE UTILITY COMPANY, INCORPORATED, Docket Number 97-0412-MWD-E (Permit Number 11931-001) on August 28, 1997 assessing $2,440 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Gilbert Angelle, Enforcement Coordinator at (512) 239-4489, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087. An agreed order was entered regarding KOSSE, CITY OF, Docket Number 97-0316-MWD- E (Permit Number 11405-001) on August 28, 1997 assessing $3,210 in administrative penalties . Information concerning any aspect of this order may be obtained by contacting Michael Meyer, Enforcement Coordinator at (512) 239-4492, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087. An agreed order was entered regarding SOUTHWEST SHIPYARD, L.P., Docket Number 97-0453-IHW-E (SWR Number 31208, EPA ID Number TXD000820274) on August 28, 1997 assessing $149,640 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Paul Sarahan, Staff Attorney at (512) 239-3422 or John Sadlier, Enforcement Coordinator at (512) 239-6012, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087. An agreed order was entered regarding ROMA, CITY OF, Docket Number 97-0028-MSW-E (MSW Number 954) on August 28, 1997 assessing $19,560 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Cecily Small, Staff Attorney at (512) 239-2940 or Bhasker Reddi, Enforcement Coordinator at (512) 239-6646, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087. An agreed order was entered regarding WOLBRECHT, RAY W., Docket Number 96-1962- MSW-E (No License, Complaint Number 119700123) on August 28, 1997 assessing $6,880 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Linda Sorrells, Staff Attorney at (512) 239-3408 or John Mead, Enforcement Coordinator at (512) 239-6010, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087. An agreed order was entered regarding MENEM, MR. MICHAEL DBA AUTO SHOW PLACE, Docket Number 97-0148-PST-E (Facility Number 68959, Enforcement ID Number E11710) on August 28, 1997 assessing $3,800 in administrative penalties with $760.00 deferred. Information concerning any aspect of this order may be obtained by contacting Lisa Newcombe, Staff Attorney at (512) 239-3400 or Sushil Modak, Enforcement Coordinator at (512) 239-2142, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087. An agreed order was entered regarding CUELLER, JR., A. C., Docket Number 96- 0403-PST-E (Facility Number 65451, Enforcement ID Number 5418) on August 28, 1997 assessing $3,200 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Walter Ehresman, Staff Attorney at (512) 239-0573 or Mick Wilson, Enforcement Coordinator at (512) 239-2228, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087. A default order was entered regarding JIMMY ENTERPRISES, INCORPORATED, Docket Number 96-0479-PST-E (Facility Number 35056, Enforcement ID Number 4816) on August 28, 1997 assessing $1,200 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Tracy Harrison, Staff Attorney at (512) 239-1736 or Srini Kusumanchi, Enforcement Coordinator at (512) 239-5874, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087. A default order was entered regarding AHMED, ALTAF AND AHMED KHAN, Docket Number 96-0972-PST-E (Facility Number 55657, Enforcement ID Number 5259) on August 28, 1997 assessing $16,800 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Walter Ehresman, Staff Attorney at (512) 239-0573 or Sushil Modak, Enforcement Coordinator at (512) 239-2142, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087. An agreed order was entered regarding CHAPARRAL STEEL MIDLOTHIAN, L.P., Docket Number 97-0247-MLM-E (SWR Number 30661, TNRCC Account Number ED-0011-D) on August 28, 1997 assessing $99,920 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Bill Ballard, Staff Attorney at (512) 239-3420, David Edge, Enforcement Coordinator at (512) 239-1779, or Ravi Rao, Enforcement Coordinator at (512) 239-2559, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087. A no action order was entered regarding CITY OF BARTLETT, ET AL., Docket Numbers. 96-1580-MWD-E and 96-1581-IWD-E (Permit Numbers. 10880-001, etc.) on August 28, 1997. Information concerning any aspect of this order may be obtained by contacting Gus Henry, Staff Attorney at (512) 239-6259 or Laurie Eaves, Enforcement Coordinator at (512) 239-1779, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087. Issued in Austin, Texas, on September 5, 1997. TRD-9711771 Eugenia K. Brumm, Ph.D. Cheif Clerk Texas Natural Resource Conservation Commission Filed: September 5, 1997 Declaration of Administrative Completeness and Notice of Application to Renew a Texas Weather Modification License The following notices were issued on September 5, 1997 to renew Texas weather modification licenses for Fiscal Year 1998, under Texas Water Code Chapter 18, Rules of the Texas Natural Resource Conservation Commission 30 TAC Chapter 289, and the Texas Weather Modification Act of 1967. Issuance of a license, or renewal of an existing license, merely certifies that the person(s) or organization holding the license is (are) competent to conduct weather modification activities. A permit is required before the licensee can actually begin conducting weather modification/control activities. ATMOSPHERICS INCORPORATED, 5652 East Dayton Avenue, Fresno, California 93727; Application Number E731117 was received on June 30, 1997 and is declared administratively complete. A summary of the information contained in the application includes the names of the meteorologists who are to be in control and be in charge of weather-modification operations. The personnel listed on the license-renewal application include Thomas J. Henderson, William L. Woodley, and David Newsome. The applicant has paid the required license fee. Applicant initially received a weather-modification license in 1970 from the State of Texas, and has renewed the license in each year, 1970-1979, and in each subsequent year since 1989. COLORADO RIVER MUNICIPAL WATER DISTRICT, P. O. Box 869, Big Spring, Texas 79721- 0869; Application Number E731735 was received on July 10, 1997 and is declared administratively complete. A summary of the information contained in the application includes the names of the meteorologists who are to be in control and be in charge of weather-modification operations. The personnel listed on the license-renewal application includes Ray Pat Jones. The applicant has paid the required license fee. Applicant initially received a weather-modification license in 1971 from the State of Texas, and has renewed the license in each subsequent year since 1971. NORTH AMERICAN WEATHER CONSULTANTS, 1293 West 2200 South, Salt Lake City, Utah 84119-1471; Application Number E732633 was received on July 16, 1997 and is declared administratively complete. A summary of the information contained in the application includes the names of the meteorologists who are to be in control and be in charge of weather-modification operations. The personnel listed on the license-renewal application include John Thompson, Mark Solak, Don Griffith, William Hauze, Einar Hovind, Jack Vowell, and Dan Risch. The applicant has paid the required license fee. Applicant initially received a weather- modification license in 1985 from the State of Texas, and has renewed the license in each subsequent year since 1985. WEATHER MODIFICATION INCORPORATED, P. O. Box 146, Fargo, North Dakota 58107- 0146; Application Number E732266 was received on July 16, 1997 and is declared administratively complete. A summary of the information contained in the application includes the names of the meteorologists who are to be in control and be in charge of weather-modification operations. The personnel listed on the license-renewal application include Patrick Sweeney, Terrence Krauss, Fred Remer, William Woodley, Cedric Grainger, and Daryl O'Dowd. The applicant has paid the required license fee. Applicant initially received a weather- modification license in 1996 from the State of Texas and renewed the license in 1997. POWELL PLANT FARMS INCORPORATED, Route 3, Box 1058, Troup, Texas 75789; Application Number E731004 Application Number E731004 was received on June 27, 1997 and is declared administratively complete. A summary of the information contained in the application includes the names of the meteorologists who are to be in control and be in charge of weather-modification operations. The personnel listed on the license-renewal application includes Larry Wallace. The applicant has paid the required license fee. Applicant initially received a weather- modification license in 1996 and is renewing the license for the first time. DOMAINE CORDIER USA INCORPORATED, P. O. Box 146, Fort Stockton, Texas 79735; Application Number E729131 was received on June 2, 1997 and is declared administratively complete. A summary of the information contained in the application includes the names of the meteorologists who are to be in control and be in charge of weather-modification operations. The personnel listed on the license-renewal application includes Larry Wallace. The applicant has paid the required license fee. Applicant has not previously held a Texas weather- modification license. Issuance of a license, or renewal of an existing license, is contingent upon the applicant (1) paying the license fee, and (2) demonstrating competence in the field of meteorology which is reasonably necessary to engage in weather modification and control operations. The Commission's Weather Modification Advisory Committee, at its July 17, 1997 meeting in Lubbock, Texas examined the license renewal applications and recommended, unanimously, that the license renewals be granted. The Commission staff concurs with the Committee's recommendations. The Executive Director will renew the license unless one or more persons file a written protest and/or request for hearing within 10 days from the date notice is published in the Texas Register. To request a 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 applicant and the application number; (3) the statement "I/we request a public hearing"; (4) a brief description of how you would be adversely affected by the granting of the application in a way not common to the general public; and (5) the location of your property relative to the applicant's operations. If a hearing request is filed, the Executive Director will not issue the license and will forward the application and hearing request to the TNRCC Commissioners for their consideration at a scheduled Commission meeting. If a hearing is held, it will be a legal proceeding similar to civil trials in state district court. Requests for hearing on this application must be submitted in writing during the 10-day notice period to the Chief Clerk's Office, MC 105, TNRCC, P. O. Box 13087, Austin, TX 78711-3087. Written public comments may also be submitted to the Chief Clerk's Office during the notice period. For information concerning technical aspects of this license, contact George W. Bomar, MC 150, at the same P. O. Box address given above. For information concerning hearing procedures or citizen participation, contact Blas Coy, Public Interest Counsel, MC 103, at the same P. O. Box address given above. Individual members of the public who wish to inquire about the information contained in this notice, or to inquire about other agency applications or permitting processes, should call the TNRCC Office of Public Assistance, Toll Free, at 1-800-687-4040. Issued in Austin, Texas, on September 5, 1997. TRD-9711768 Eugenia K. Brumm, Ph.D. Cheif Clerk Texas Natural Resource Conservation Commission Filed: September 5, 1997 Notice of Applications for Waste Disposal/Discharge Permits Attached are Notices of Applications for waste disposal/discharge permits issued during the period of August 25 through August 29, 1997. The Executive Director will issue these permits unless one or more persons file written protests and/or a request for a hearing within 30 days after newspaper publication of the notice. To request a 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 applicant and the permit number; (3) the statement "I/we request a public hearing;" (4) a brief description of how you would be adversely affected by the granting of the application in a way not common to the general public; (5) the location of your property relative to the applicant's operations; and (6) your proposed adjustments to the application/permit which would satisfy your concerns and cause you to withdraw your request for hearing. Information concerning any aspect of these applications may be obtained by contacting the Texas Natural Resource Conservation Commission, Chief Clerks Office-MC105, P.O. Box 13087, Austin, Texas 78711. Individual members of the public who wish to inquire about the information contained in this notice, or to inquire about other agency permit applications or permitting processes, should call the TNRCC Office of Public Assistance, Toll Free, at 1-800-687-4040. Listed are the name of the applicant and the city in which the facility is located, type of facility, location of the facility, type of application-new permit, amendment, or renewal and permit number. ALVARADO, CITY OF, 104 West College, Alvarado, Texas 76009; The wastewater treatment facilities are located approximately 1,000 feet south of the intersection of Interstate Highway 35W and Farm-to-Market Road 3136 adjacent to the North Fork of Chambers Creek in Johnson County, Texas; renewal; 10567-001. BELL COUNTY WATER CONTROL & IMPROVEMENT DISTRICT Number 1, P.O. Box 43, Killeen, Texas 76540-0043; The water treatment plant site is located three miles northwest of Lake Belton Dam, north of Farm-to-Market Road 439 and approximately one mile southeast of Westcliff Park in Bell County, Texas; renewal; 10351-001. GLADEWATER, CITY OF, P.O. Box 551, Gladewater, Texas 75647; The wastewater treatment facilities are located approximately 600 feet east of Roden Lane, approximately one mile south of the intersection of U.S. Highways 271 and 80 in Gregg County, Texas; renewal; 10433-002. HARRIS COUNTY MUNICIPAL UTILITY DISTRICT Number 109, in care of Fulbright & Jaworski, 1301 McKinney Avenue, Suite 5100, Houston, Texas 77010-3095; The Atascocita Central Regional Wastewater Treatment Facilities are located on Atascocita Road approximately 0.6 mile south of Farm-to-Market Road 1960 and approximately 2.1 miles west of the intersection of Atascocita Road and Farm-to- Market Road 1960 in Harris County, Texas; renewal; 11533-001. INVERNESS FOREST IMPROVEMENT DISTRICT, in care of Butler & Binion, LLP, 1000 Louisiana, Suite 1600, Houston, Texas 77002-5093; The wastewater treatment facilities are located on the north side of Cypress Creek, approximately 800 feet east of the Hardy Road bridge crossing of Cypress Creek in Harris County, Texas; renewal; 10783-001. LOPER, DANIEL C., White Gold Dairy, Route 2 Box 18B, Dublin, Texas 76446; The facility is located approximately two miles southwest of the intersection of State Highway 6 and U.S. Highway 377 in Dublin, Texas. The dairy is located on the south side of County Road 339 at its intersection with County Road 340 in Erath County, Texas; amendment; 01699. MOLTEN METAL TECHNOLOGY, INC., 1006 Avenue F, Bay City, Texas 77414; The plant site is located on the north side of Farm-to-Market Road 3057 approximately 4,500 feet east of the Port of Bay City in the northwest corner of the intersection of Farm-to-Market Road 3057 and "levees" in the City of Bay City, Matagorda County, Texas; new; 03949. NJB & SONS, INC., 7810 Lone Star Parkway, Moody, Texas 76557; The Greenbriar Wastewater Treatment Facilities are located 0.75 mile west of State Highway 317 and approximately 2.25 miles north of the intersection of State Highway 317 and Farm-to-Market Road 107 in McLennan County, Texas; renewal; 10888-001. PORT LAVACA, CITY OF, P.O. Box 105, Port Lavaca, Texas 77979; The Lynn's Bayou Wastewater Treatment Facilities are located at the southeast corner of the intersection of Newlin Street and Commerce Street in the City of Port Lavaca, approximately two miles east from the intersection of State Highway 35 and State Highway 87 in Calhoun County, Texas; renewal; 10251-001. SCHLUMBERGER TECHNOLOGY CORPORATION, P.O. Box 1590, Rosharon, Texas 77583-1590; The Sandy Point Wastewater Treatment Plant is located approximately 1.9 miles southeast of the intersection of Farm-to-Market Road 1462 and State Highway 288 in Brazoria County, Texas; amendment; 12062-001. STANTON, CITY OF, P.O. Box 370, Stanton, Texas 79782; The wastewater treatment facilities and disposal site are located one mile southeast of the intersection of State Highway 137 and U.S. Highway (Business) 80 and one-half mile south of the City of Stanton in Martin County, Texas; renewal; 11043-001. TAWAKONI WASTE WATER CORPORATION, 10636 Black Bass Road, Quinlan, Texas 75475; The Tawakoni Wastewater Treatment Plant Number 1 is located on the north side of Farm-to-Market Road 429 and approximately 1,000 feet southwest of the intersection of Farm-to-Market Road 429 and Farm-to-Market Road 751 in Hunt County, Texas; new; 13889-001. TEXAS MUNICIPAL POWER AGENCY, P.O. Box 7000, Bryan, Texas 77805; The Gibbons Creek Steam Electric Station, a steam electric power generating facility, is located adjacent to Gibbons Creek Reservoir, approximately 2.5 miles north (via Farm-to-Market Road 244) of the State Highway 30/Farm-to-Market Road 244 intersection in the Town of Carlos, Grimes County, Texas; amendment; 02120. TEXAS UTILITIES ELECTRIC COMPANY, Energy Plaza, 1601 Bryan Street, Dallas, Texas 75201-3411; The Graham Steam Electric Station is located on the shores of Lakes Eddleman and Graham adjacent to U.S. Highway 380 approximately 2.5 miles northwest of the City of Graham, Young County, Texas; renewal; 00551. TRAVIS VISTA WATER AND SEWER SUPPLY CORPORATION, 13101 Indigo Cove, Austin, Texas 78732; The wastewater treatment facilities are located approximately 600 feet northwest of Farm-to-Market Road 620 and one mile east of Mansfield Dam in Travis County, Texas; renewal; 11531-001. TRINITY RIVER AUTHORITY, P.O. Box 1554, Huntsville, Texas 77342-1554; The Huntsville Regional Water Supply System Treatment Plant is located on Wallace Road, approximately 1.8 miles north of Farm-to-Market Road 2628 in Walker County, Texas; renewal; 13795-001. Issued in Austin, Texas, on September 2, 1997. TRD-9711518 Eugenia K. Brumm, Ph.D. Chief Clerk Texas Natural Resource Conservation Commission Filed: September 2, 1997 Applications for Waste Disposal/Discharge Permits Notices of Applications for waste disposal/discharge permits issued during the period of August 29th through September 5, 1997. The Executive Director will issue these permits unless one or more persons file written protests and/or a request for a hearing within 30 days after newspaper publication of the notice. To request a 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 applicant and the permit number; (3) the statement "I/we request a public hearing;" (4) a brief description of how you would be adversely affected by the granting of the application in a way not common to the general public; (5) the location of your property relative to the applicant's operations; and (6) your proposed adjustments to the application/permit which would satisfy your concerns and cause you to withdraw your request for hearing. Information concerning any aspect of these applications may be obtained by contacting the Texas Natural Resource Conservation Commission, Chief Clerks Office-MC105, P.O. Box 13087, Austin, Texas 78711. Individual members of the public who wish to inquire about the information contained in this notice, or to inquire about other agency permit applications or permitting processes, should call the TNRCC Office of Public Assistance, Toll Free, at 1-800-687-4040. Listed are the name of the applicant and the city in which the facility is located, type of facility, location of the facility, type of application-new permit, amendment, or renewal and permit number. DESSAU UTILITIES, INC., c/o RTNT, Inc., P.O. Box 161173, Austin, Texas 78716; the Harris Ridge Wastewater Treatment Facilities; are located approximately 1.4 miles north of the intersection of Dessau Road and Yager Lane, approximately 2.5 miles southeast of the intersection of Interstate Highway 35 and Dessau Road in Travis County, Texas; renewal; Permit Number 12971-001. HOUSTON CITY OF, Department of Public Works and Engineering, P.O. Box 262549, Houston, Texas 77207-2549; Southwest Wastewater Treatment Facilities; the facilities are located at the intersection of Beechnut Street and Newcastle Street, approximately 0.5 mile northeast of the intersection of Interstate Highway 610 and Post Oak Road in Harris County, Texas; renewal; Permit Number 10495-037. JOHNSON COUNTY FRESH WATER SUPPLY DISTRICT Number 1, P.O. Box 39, Joshua, Texas 76058; the Johnson County FWSD Number 1 Wastewater Treatment Facilities; the facilities are located approximately 3.6 miles southeast of the City of Burleson at a location approximately one mile upstream of the crossing of Village Creek and Farm-to-Market Road 731 in Johnson County, Texas; renewal; Permit Number 10532-001. LAREDO CITY OF, P.O. Box 2950, Laredo, Texas; the Southside Wastewater Treatment Facilities; the facilities are located approximately 3500 feet east of the U.S. Highway 83 and 3.2 miles south of the intersection of U.S. Highway 83 and State Highway 20 in southwest Webb County, Texas; renewal; Permit Number 10681-003. LOUISIANA-PACIFIC CORPORATION, P.O. Box 577, Silsbee, Texas 77656; a particle board manufacturing plant; the plant site is located on State Highway 92 approximately one mile north of the City of Silsbee, Hardin County, Texas; renewal; Permit Number 01950. MENARD CITY OF, P.O. Box 177, Menard, Texas 76859; the Menard Wastewater Treatment Facilities; the facilities are located on the south bank of the San Saba River, adjacent to Farm-to-Market Road 2092 and approximately 0.5 mile east of the intersection of Farm-to-Market Road 2092 and U.S. Highway 83 in the City of Menard in Menard County, Texas; renewal; Permit Number 10345-001. BARRETT AND CROFOOT, L.L.P., P.O. Box 670, Hereford, Texas 79045; existing beef cattle feedlot; the facility is on a unnamed county road approximately one half mile east of the intersection of Farm-to-Market Road 1057 and the unnamed county road and approximately three miles north of the intersection of Farm-to-Market Road 1057 and U.S. Highway 60, Deaf Smith County, Texas; an amendment; an Air and Water Quality Permit-By-Rule Number 01418. MAXIM PRODUCTION COMPANY, INC., Route 1 Box 31, Boling, Texas 77420; to expand an existing caged egg laying facility; the facility is located on the north side of the intersection of Farm-to-Market Road 442 and Farm-to-Market Road 1096 in Wharton County, Texas; an amendment to an Air and Water Quality Permit-By-Rule Number 03357. TEXAS FARM, INC., 9 Southwest 2nd Avenue, Perryton, Texas 79070; a swine facility; the facility is located on the east side of Farm-to-Market 376 approximately seven miles south of the intersection of State Highway 15 and Farm-to-Market Road 376 in Ochiltree County, Texas; to obtain an Air & Water Quality Permit-By-Rule Number 03961. TEXAS FARM, INC., 9 Southwest 2nd Avenue, Perryton, Texas 79070; a new swine facility; the facility is located on the west side of the County Road 8 approximately four miles south of the intersection of County Road 8 and Farm-to- Market Road 759 (a point located approximately one mile east of the intersection of Farm-to-Market Road 759 and Farm-to-Market Road 376) in Ochiltree County, Texas; to obtain an Air and Water Quality Permit-By-Rule Number 03962. Issued in Austin, Texas, on September 5, 1997. TRD-9711770 Eugenia K. Brumm, Ph.D. Cheif Clerk Texas Natural Resource Conservation Commission Filed: September 5, 1997 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 Order. The TNRCC Staff proposes Default Orders when the Staff has sent an Executive Director's Preliminary Report (EDPR) to an entity outlining the alleged violations; the proposed penalty; and the proposed technical requirements necessary to bring the entity back into compliance, and the entity fails to request a hearing on the matter within 20 days of its receipt of the EDPR. Similar to the procedure followed with respect to Agreed Orders entered into by the executive director of the TNRCC pursuant to the Texas Clean Air Act (the Act), this notice of the proposed orders and the opportunity to comment is published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is October 12, 1997. The TNRCC will consider any written comments received and the TNRCC may withhold approval of a Default Order if a comment indicates the proposed Default Order is inappropriate, improper, inadequate, or inconsistent with the requirements of the Act. Additional notice will not be made if changes to a Default Order are made in response to written comments. A copy of the proposed Default Order is available for public inspection at both the TNRCC's Central Office, located at 12100 Park 35 Circle, Building A, 3rd Floor, Austin, Texas 78753, (512) 239-3400 and at the applicable Regional Office listed as follows. Written comments about the Default Order should be sent to the Staff Attorney designated for the Default Order 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 October 12, 1997. Written comments may also be sent by facsimile machine to the Staff Attorney at (512) 239-3434. The TNRCC Staff Attorneys are available to discuss the Default Order and/or the comment procedure at the listed phone numbers; however, comments on the Default Order should be submitted to the TNRCC in writing. (1)COMPANY: Bourg Trailer Industries, Inc.; DOCKET NUMBER: 96-1820-AIR-E; ACCOUNT NUMBER: JE-0692-C; LOCATION: Jefferson County, Beaumont, Texas; TYPE OF FACILITY: trailer manufacturing plant; RULE VIOLATED: 30 TAC sec.;70.105, 101.4, 116.110, and the Act, sec.382.085(a) and (b) and sec.382.0518(a) by discharging air contaminants in the form of paint overspray and by failing to obtain a permit to satisfy the conditions of a standard exemption prior to constructing a trailer painting operation; and failing to file a timely answer to the EDPR; PENALTY: $12,500; STAFF ATTORNEY: Cecily Small, Litigation Support Division, (512) 239-2940, MC 175; REGIONAL OFFICE: 3870 Eastex Freeway, Suite 110, Beaumont, Texas 77703-1892, (409) 898-3838, MC R-10. (2)COMPANY: Edward Linton dba Woodlands West Water System; DOCKET NUMBER: 96- 1650-PWS-E; ACCOUNT NUMBER: 0260043; LOCATION: Somerville, Burleson County, TYPE OF FACILITY: public drinking water system; RULE VIOLATED: 30 TAC sec.290.120(c)(5) by failure to submit to the commission water samples from the Facility for lead/copper analysis for the sampling periods of January 1995-June 1995 and July 1995-December 1995; PENALTY: $630; STAFF ATTORNEY: Tracy Harrison, Litigation Support, Division, (512) 239-1735, MC 175; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 78758-5336, (817) 772-9240, MC R-9. (3)COMPANY: Kent Froelich Company; DOCKET NUMBER: 97-0053-AIR-E; ACCOUNT NUMBER: DF-0303-F; LOCATION: Sanger, Denton County, Texas; TYPE OF FACILITY: fiberglass swimming pool plant; RULES VIOLATED: 30 TAC sec.101.4 and sec.116.110(a) and the Act, sec.382.0518(a) and sec.382.085(a) and (b) by constructing and operating a fiberglass swimming pool manufacturing facility without meeting the requirements of a standard exemption or obtaining a permit, and by discharging styrene in such concentration and of such duration as to interfere with the normal use and enjoyment of property; PENALTY: $4,750; STAFF ATTORNEY: Kara Salmanson, Litigation Support Division, (512) 239-01738, MC 175; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 469-6750, MC R-4. (4)COMPANY: Karim Momin; DOCKET NUMBER: 96-1044-PST-E; ACCOUNT NUMBER: Facility ID Numbers 457805 and 28161; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: gasoline retail dispensing operation; RULES VIOLATED: 30 TAC sec.334.22(a), failure to pay annual Underground Storage Tank (UST) fees; 30 TAC sec.334.50(b)(1)(A), failure to provide proper release detection for the USTs; 30 TAC sec.334.7(a)(1), failure to update TNRCC registration records as required for the USTs; 30 TAC sec.115.241 and sec.115.249, failure to install an approved Stage II vapor recovery system which is certified to reduce the emissions of volatile organic compounds to the atmosphere by at least 95%; 30 TAC sec.334.50(b)(1)(A), failure to provide proper release detection for the USTs; 30 TAC sec.334.50(b)(2)(A), failure to provide proper release detection for the pressurized piping associated with the USTs systems; 30 TAC sec.334.51(b)(2)(A), failure to provide proper tight-fill fittings for the UST systems; 30 TAC sec.334.51(b)(2)(B), failure to provide proper spill containment equipment for his UST systems; and 30 TAC sec.334.51(b)(2)(C), failure to provide proper overfill prevention equipment for his UST systems; PENALTY: $25,000; STAFF ATTORNEY: Walter Ehresman, Litigation Support Division, MC 175; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713)767-3500, MC R-12. (5)COMPANY: North Texas Auto Brokers; DOCKET NUMBER: 97-0688-AIR-E, ACCOUNT NUMBER: DF-0301-J; LOCATION: Lewisville, Denton County, TYPE OF FACILITY: used car dealership; RULE VIOLATED: 30 TAC sec.114.1(c)(1) and (2) and the Act, sec.382.085(b) by offering specifically, a 1983 Chevrolet Silverado, Vehicle Identification Number (VIN) 1GCEC14HOD343078, for sale with emission control systems that were tampered with, inoperable, or missing and a 1986 Chevrolet Cavalier, VIN 1G1JC69P4GK109938, for sale with emission control systems that were missing; PENALTY: $1,500; STAFF ATTORNEY: Cecily Small, Litigation Support Division, (512) 239-2940, MC 175; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 469-6750, MC R-4. (6)COMPANY: Keith Reynolds, DOCKET NUMBER: 96-0663-OSI-E, ACCOUNT NUMBER: Installer Certificate Number 2561; LOCATION: Polk County, Livingston, Texas, TYPE OF FACILITY: on-site sewage facility; RULE VIOLATED: Texas Health and Safety Code, sec.;366.004, 366.051, 366.054, and 366.055(c) by failure to obtain necessary permits for the OSSFs constructed, and by failure to obtain an inspection from the Designated Representative from Polk County prior to commencing the construction activities; PENALTY: $2,400; STAFF ATTORNEY: Raymond Winter, Litigation Support Division, (512) 239-0477, MC 175; REGIONAL OFFICE: 3870 Eastex Freeway, Suite 110, Beaumont, Texas 77703-1892, (409) 8998-3838, MC R-10. (7)COMPANY: Wanda C. Richey dba Richey's Mobile Home Park; DOCKET NUMBER: 96- 1612-PWS-E; ACCOUNT NUMBER: PWS NUMBER 0680057; LOCATION: Odessa, Ector County, Texas; TYPE OF FACILITY: mobile home park; RULE VIOLATED: 30 TAC sec.290.120(c)(5) and the Act, sec.341.031 by failure to submit to the commission water samples from the Facility for lead and copper analysis for the following sampling periods: January-June 1995 and July 1995- December 1995; PENALTY: $630; STAFF ATTORNEY: Barbara Lazard, Litigation Support Division, (512) 239-0674, MC 175; REGIONAL OFFICE: 3300 North A Street, Building 4, Suite 107, Midland, Texas 79705-5421, (915) 570-1359, MC R-7. (8)COMPANY: Richwood Houston, Inc.; DOCKET NUMBER: 96-1092-PST-E; ACCOUNT NUMBER: Facility ID Numbers 29595 and 27987; LOCATION: Spring, Harris County, Texas and Houston, Harris County, Texas; TYPE OF FACILITY: gasoline retail dispensing operation; RULES VIOLATED: 30 TAC sec.334.22, failure to pay annual UST fees; 30 TAC sec.334.50, failure to provide proper release detection for the UST's systems and the associated piping; 30 TAC sec.334.51, failure to install spill and overfill prevention equipment for those USTs; 30 TAC sec.334.6, failure to notify the TNRCC as required prior to initiating a proposed major UST construction activity; 30 TAC sec.334.50, failure to provide proper release detection for those UST's systems and the associated piping; and 30 TAC sec.334.51, failure to install spill and overfill prevention equipment as required for the UST systems; PENALTY: $21,600; STAFF ATTORNEY: Walter Ehresman, Litigation Support Division, MC 175; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500, MC R-12. (9)COMPANY: Robert Craft dba Stiff Creek Mobile Home Park; DOCKET NUMBER: 96- 1974-PWS-E; ACCOUNT NUMBER: PWS NUMBER 0430073; LOCATION: McKinney, Collin County, Texas; TYPE OF FACILITY: public drinking water system for a mobile home park; RULE VIOLATED: 30 TAC sec.;290.39(d)(1), 290.41(c)(1)(F), 290.41(c)(3)(J) and (K), 290.41(c)(3)(N) and (O), 290.42(i), 290.43(c), 290.43(c)(1)-(4), 290.43(d)(2), 290.44(d)(5), 290.46(i) , 290.46(n), 290.46(p)(1) and (2), 290.46(t), 290.46(u), 290.46(w), 290.46(x), 290.46(y), 290.106, 290.106(a)(1), Chapter 338, and the Act,sec.341.031, failure to submit an engineering report to address the design deficiencies previously identified by the commission, failure to collect and submit samples for bacteriological analysis to a laboratory approved by the Texas Department of Health on a regular monthly basis, for the months of July 1996-July 1997, failure to prepare a plan showing the sites at which samples for bacteriological analysis will be collected, failure to maintain an up-to-date map of the facility's distribution system, failure to post a legible sign which provides the name of the water supply and an emergency telephone number where a responsible person can be contacted at each of its service connections, failure to use treatment chemicals and media which conform to American National Standards Institute/National Sanitation Foundation Standard 60 for direct additives and Standard 61 for indirect additives, failure to provide a water storage reservoir in compliance with American Water Works standards, failure to equip each pressure tank with a pressure release device, failure to equip each pressure tank with an easily readable pressure gauge, failure to have an agreement with each customer that would allow an inspection of individual water system facilities prior to providing service and periodically to prevent cross-connections or other undesirable plumbing practices, failure to maintain records of inspections for ground storage and pressure tanks on an annual basis, failure to plug abandoned wells according to the Well Drillers Rules, failure to maintain residual pressure of 20 pounds per square inch throughout the distribution system, in violation, failure to install system electrical wiring in securely mounted conduit in compliance with a local or the national electric code, failure to maintain all storage facilities, distribution system lines, and related appurtenances in a water- tight condition, failure to protect the system's facilities by failing to establish a 150-foot radius sanitary control easement prohibiting all septic tanks within 50 feet of the well and open-jointed drainfields within a 150-foot radius of each well, failure to provide the well with a concrete sealing block extending at least three feet in all directions, failure to seal the wellhead with gaskets or a pliable crack-resistant caulk, failure to provide the well casing with a 16- mesh or finer corrosion resistant screened vent, failure to provide the well with a flow measuring device to measure production yields, failure to protect the well site with an intruder-resistant fence or locate the well in a locked, ventilated wellhouse to exclude possible contamination or damage to the facilities by trespassers, failure to provide the Facility's water storage reservoir with an acceptable vent of the gooseneck or roof ventilator type, with the opening protected by a 16-mesh or finer corrosion-resistant screening, failure to equip the Facility's water storage reservoir with a roof hatch that overlaps and terminates in a downward direction for at least two inches and is capable of being locked in place, failure to provide the overflow on the water storage reservoir with a hinged flap valve, failure to provide the system's water storage reservoir with a satisfactory means, properly protected from a sanitary standpoint, of easily determining the amount of water in storage, and failure to provide the distribution system with sufficient valves and blowoffs; PENALTY: $2,840; STAFF ATTORNEY: Hodgson Eckel, Litigation Support Division, (512) 239-2195, MC 175; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 469-6750, MC R-4. Issued in Austin, Texas, on September 8, 1997. TRD-9711813 Kevin McCalla Director, Legal Division Texas Natural Resource Conservation Commission Filed: September 8, 1997 Notice of Opportunity to Comment on Settlement Agreements of Administrative Enforcement Actions The Texas Natural Resource Conservation Commission (TNRCC) Staff is providing an opportunity for written public comment on the listed Agreed Orders (AOs) pursuant to the Health and Safety Code, the Texas Clean Air Act (the Act), Chapter 382, sec.382.096. The Act, sec.382.096 requires that the TNRCC may not approve these AOs unless the public has been provided an opportunity to submit written comments. Section 382.096 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 October 12, 1997. Section 382.096 also requires that the TNRCC promptly consider any written comments received and that the TNRCC may withhold approval of an AO if a comment indicates the proposed AO is inappropriate, improper, inadequate, or inconsistent with the requirements of 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 A, 3rd Floor, Austin, Texas 78753, (512) 239-3400 and at the applicable Regional Office listed as follows. Written comments about these AOs should be sent to the staff attorney 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 October 12, 1997. Written comments may also be sent by facsimile machine to the staff attorney at (512) 239-3434. The TNRCC staff attorneys are available to discuss the AOs and/or the comment procedure at the listed phone numbers; however, sec.382.096 provides that comments on the AOs should be submitted to the TNRCC in writing. (1)COMPANY: Arturo Arriaga; DOCKET NUMBER: 96-0409-PST-E; ACCOUNT NUMBER: 5212 (Formerly E11397), Facility Number 533l16; LOCATION: Donna, Hidalgo County, Texas; TYPE OF FACILITY: two underground storage tanks; RULE VIOLATED: 30 TAC sec.;334.50(b)(1)(A) and (2)(B), 334.51(b), 334.54(d)(1)(B), 334.7(d)(3), and Texas Water Code (the Code), sec.sec.26.3475(b), 26.3475(c)(1) and (2) and the Code by failing to provide proper release detection for the Underground Storage Tanks (USTs), failing to provide proper release detection for the suction piping associated with the UST systems, failing to provide proper spill prevention and overfill control equipment for the UST systems, failing to provide written notice to the executive director of any change or additional information concerning the UST systems within 30 days from the date of the occurrence of the change or addition, or within 30 days of the date on which the owner or operator first became aware of the change or addition, failing to update the UST registration to indicate that a UST had been taken temporarily out of service, failing to provide written notice of mailing address and telephone number changes, and failing to properly upgrade or permanently remove from service a UST which has been temporarily out of service for longer than 12 months; PENALTY: $0; STAFF ATTORNEY: Booker Harrison, Litigation Support Division, (512) 239-4113, MC 175; REGIONAL OFFICE: 134 East Van Buren, Suite 301, Harlingen, Texas 78550-6807, (210) 425-6010, MC R-15. (2)COMPANY: Wanda Brown dba Hide-a-way Harbor; DOCKET NUMBER: 97-0596-PWS-E; ACCOUNT NUMBER: 2500057; LOCATION: Yantis, Wood County, Texas; TYPE OF FACILITY: public drinking water system; RULE VIOLATED: 30 TAC sec.290.39 by failing to submit plans and specifications prepared by a registered engineer prior to construction of a public water supply; PENALTY: $1,500; STAFF ATTORNEY: Tracy Harrison, Litigation Support Division, (512) 239-1736, MC 175; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100, MC R-5. (3)COMPANY: Campbell Gas & Oil Company; DOCKET NUMBER: 96-0747-PST-E; ACCOUNT NUMBER: 54154, Enforcement ID Number E10769; LOCATION: Orange, Orange County, Texas; TYPE OF FACILITY: retail gasoline service station; RULE VIOLATED: 30 TAC sec.sec.335.78, 334.79, and 334.80 and the Code, sec.26.121(c) by causing, suffering, allowing, or permitting the unauthorized discharge of waste into or adjacent to water in the state, failing to assemble and submit an initial site characterization with forty five days of confirming the release, failing to conduct free product removal to the maximum extent possible, and failing to conduct an investigation of the release to determine the full extent and location of the soil and groundwater contamination; PENALTY: $256,000; STAFF ATTORNEY: Raymond Winter, Litigation Support Division, (512) 239-0477, MC 175; REGIONAL OFFICE: 3870 Eastex Freeway, Suite 110, Beaumont, Texas 77703-1892, (409) 898-3838, MC R-10. (4)COMPANY: Galveston ShipBuilding Company (GSC); DOCKET NUMBER: 97-0460-AIR-E and 97-0685-AIR-E; ACCOUNT NUMBER: GB-0382-W; LOCATION: Galveston, Galveston County, Texas; TYPE OF FACILITY: marine barge construction, cleaning, and repair plant; RULE VIOLATED: 30 TAC sec.116.110(a) and the Act, sec.382.085(b) by constructing a new facility which may emit air contaminants into the air of this state without first obtaining a permit or other authorization from the commission. Specifically, GSC conducted abrasive blasting operations and surface coating operations at the Plant without first obtaining a permit or satisfying the conditions of a standard exemption; PENALTY: $500; STAFF ATTORNEY: Cecily Small, Litigation Support Division, (512) 239-2940, MC 175; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas, (713) 767-3500, MC R-12. (5)COMPANY: Mansoor Virani and Akber Ali Virani; DOCKET NUMBER: 96-1258-PST-E; ACCOUNT NUMBER: Enforcement ID Number 4964, Facility ID Number 40177; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: gasoline dispensing operation; RULE VIOLATED: 30 TAC sec.334.22(a) and sec.334.7(d)(3), the Act, sec.382.085(b), and 30 TAC sec.115.241 and sec.115.249 by failing to install an approved Stage II vapor recovery system which is certified to reduce the emissions of volatile organic compounds to the atmosphere by at least 95%, failing to pay annual UST fees, and failing to update UST registration as required; PENALTY: $10,600; STAFF ATTORNEY: Walter Ehresman, Litigation Support Division, MC 175, (512) 239-0573; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500, MC R-12. Issued in Austin, Texas, on September 8, 1997. TRD-9711812 Kevin McCalla Director, Legal Division Texas Natural Resource Conservation Commission Filed: September 8, 1997 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), sec.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 October 12, 1997. Section 7.075 also requires that the TNRCC promptly consider any written comments received and that the TNRCC may withhold approval of an AO if a comment discloses facts or considerations that indicate the proposed AO is inappropriate, improper, inadequate, or inconsistent with the requirements of the Code or the Health and Safety Code, the Texas Clean Air Act (the Act). Additional notice is not required if changes to an AO are made in response to written comments. A copy of each of the proposed AOs is available for public inspection at both the TNRCC's Central Office, located at 12100 Park 35 Circle, Building C, 1st Floor, Austin, Texas 78753, (512) 239-1864 and at the applicable Regional Office listed as follows. Written comments about these AOs should be sent to the enforcement coordinator designated for each AO at the TNRCC's Central Office at P.O. Box 13087 Austin, Texas 78711-3087 and must be received by 5:00 p.m. on October 12, 1997. 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, sec.7.075 provides that comments on the AOs should be submitted to the TNRCC in writing. (1)COMPANY: Columbia Manufacturing Corporation; DOCKET NUMBER: 97-0660-AIR-E; ACCOUNT NUMBER: NB-0073-B; LOCATION: Corsicana, Navarro County, Texas; TYPE OF FACILITY: wood coating plant; RULE VIOLATED: 30 Texas Administrative Code (TAC) sec.116.110(a) and the Act, sec.382.0518(a) and sec.382.085(b), by constructing and operating a wood coating facility without obtaining permit authorization prior to construction or meeting the requirements of a standard exemption; PENALTY: $400; ENFORCEMENT COORDINATOR: David Edge, (512) 239-1779; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 469-6750. (2)COMPANY: Dorsett Brothers Concrete Supply, Incorporated; DOCKET NUMBER: 97- 0341-AIR-E; ACCOUNT NUMBER: 93-3444-F; LOCATION: Mount Belvieu, Harris County, Texas; TYPE OF FACILITY: temporary concrete batch plant; RULE VIOLATED: 30 TAC sec.116.115 and sec.106.202 (formerly Standard Exemption Number 93) and the Act, sec.382.085(b), by selling concrete from a temporary batch plant, exempt from public notice, to a project other than the contracted projects; PENALTY: $5,500; ENFORCEMENT COORDINATOR: Carl Schnitz, (512) 239-1892; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1423, (713) 767-3500. (3)COMPANY: Hidalgo County; DOCKET NUMBER: 96-1864-MSW-E; ACCOUNT NUMBER: Municipal Solid Waste Permit Number 1727; LOCATION: 0.4 mile west of Penitas in Precinct 3, Hidalgo County, Texas; TYPE OF FACILITY: municipal solid waste landfill; RULE VIOLATED: 30 TAC sec.330.1(b) and sec.330.15, by failing to demonstrate compliance with the federally mandated standards of Subtitle D of the Resource Recovery and Conservation Act; 30 TAC sec.330.111, by failing to operate the facility in conformance with required plans and documents; 30 TAC sec.330.113(a), by failing to make available the required plans and documents for the facility; 30 TAC sec.330.114, by failing to operate the facility in conformance with the Site Operating Plan; 30 TAC sec.330.115, by failing to maintain adequate earthen stockpiles for fire protection; 30 TAC sec.330.117(a), by failing adequately control incoming waste loads at the facility entrance and at the active disposal area; 30 TAC sec.330.117(b), by failing to keep waste from being unloaded at prohibited areas of the facility; 30 TAC sec.330.120, by failing to control windblown waste; 30 TAC sec.330.122, by failing to maintain landfill markers; 30 TAC sec.330.124, by failing to limit the size of the large item pile; 30 TAC sec.330.126, by failing to control the harborage of disease vectors; 30 TAC sec.330.130, by failing to monitor for landfill gas; 30 TAC sec.330.132, by failing to adequately compact waste at the active disposal area; 30 TAC sec.330.133(a), by failing to apply adequate daily cover at the active disposal area; 30 TAC sec.330.133(g), by failing to maintain a cover application log; and 30 TAC sec.330.603(a)(1)(A), by failing to submit the required annual report form for permitted municipal solid waste facilities; PENALTY: $45,600; ENFORCEMENT COORDINATOR: Tim Haase, (512) 239-6007; REGIONAL OFFICE: 134 East Van Buren, Suite 301, Harlingen, Texas 78550-6807, (210) 425-6010. (4)COMPANY: Kiva Oil Company; DOCKET NUMBER: 96-1690-PST-E; ACCOUNT NUMBER: Enforcement Identification Number 5470 (formerly E11705); LOCATION: Kima Grocery #1508, El Paso, El Paso County, Texas; TYPE OF FACILITY: underground storage tank; RULE VIOLATED: 30 TAC sec.334.48(c), by failing to conduct effective manual or automatic inventory control procedures for the Underground Storage Tank (UST) systems; 30 TAC sec.334.50(b)(2)(A), by failing to provide proper release detection for the pressurized piping associated with its UST systems; 30 TAC sec.334.51(b)(2)(B), by failing to provide proper spill containment equipment for its UST systems; 30 TAC sec.334.51(b)(2)(C), by failing to provide proper overfill prevention equipment for its UST systems; PENALTY: $3,400; ENFORCEMENT COORDINATOR: Mick Wilson, (512) 239-2228; REGION OFFICE: 7500 Viscount Boulevard, Suite 147, El Paso, Texas 79925-5633, (915) 778-9634. (5)COMPANY: Kiva Oil Company and Mr. Julio Del La Cruz; DOCKET NUMBER: 96-1731- PST-E; ACCOUNT NUMBER: Enforcement Identification Number 5468 (formerly E11706); LOCATION: Kima Grocery #1531, El Paso, El Paso County, Texas; TYPE OF FACILITY: underground storage tank; RULE VIOLATED: 30 TAC sec.334.50(b)(2)(A), by failing to provide proper release detection for the pressurized piping associated with its UST systems; PENALTY: $600; ENFORCEMENT COORDINATOR: Mick Wilson, (512) 239- 2228; REGION OFFICE: 7500 Viscount Boulevard, Suite 147, El Paso, Texas 79925- 5633, (915) 778-9634. (6)COMPANY: Kiva Oil Company and Mr. Michael Clark; DOCKET NUMBER: 96-1689-PST- E; ACCOUNT NUMBER: Enforcement Identification Number 5464 (formerly E11704); LOCATION: Kima Grocery #1528, El Paso, El Paso County, Texas; TYPE OF FACILITY: underground storage tank; RULE VIOLATED: 30 TAC sec.334.50(b)(2)(A), by failing to provide proper release detection for the pressurized piping associated with the UST systems; PENALTY: $600; ENFORCEMENT COORDINATOR: Mick Wilson, (512) 239- 2228; REGION OFFICE: 7500 Viscount Boulevard, Suite 147, El Paso, Texas 79925- 5633, (915) 778-9634. (7)COMPANY: Mr. Manuel Garcia, Jr.; DOCKET NUMBER: 97-0456-PST-E; ACCOUNT NUMBER: Enforcement Identification Number 4974 (formerly E11309); LOCATION: Star Drive In Grocery, Rio Grande City, Starr County, Texas; TYPE OF FACILITY: underground storage tank; RULE VIOLATED: 30 TAC sec.334.50(b)(1)(A), by failing to perform release detection for USTs; 30 TAC sec.334.50(b)(2)(B), by failing to perform release detection for sucion piping associated with UST systems; and 30 TAC sec.334.51(b)(1)(B), by failing to install spill and overfill equipment for UST systems; PENALTY: $1,800; ENFORCEMENT COORDINATOR: Srini R. Kusumanchi, (512) 239-5874; REGION OFFICE: 134 East Van Buren, Suite 301, Harlingen, Texas 78550-6807, (210) 425-6010. (8)COMPANY: National Linen Service; DOCKET NUMBER: 97-0212-PST-E; ACCOUNT NUMBER: Enforcement Identification Number 4383 (formerly E11284); LOCATION: Brown Industrial Park, Austin, Travis County, Texas; TYPE OF FACILITY: underground storage tank; RULE VIOLATED: 30 TAC sec.334.7(a)(1), by failing to register USTs with the commission on authorized commission forms; 30 TAC sec.334.50(b)(1)(A), by failing to perform release detection for STs; 30 TAC sec.334.50(b)(2)(B), by failing to perform release detection for suction piping associated with UST systems; 30 TAC sec.334.51(b)(1)(B), by failing to install spill and overfill equipment for UST systems; and 30 TAC sec.334.10(b)(1)(B), by failing to maintain copies of all required records pertaining to UST systems; PENALTY: $3,000; ENFORCEMENT COORDINATOR: Srini R. Kusumanchi, (512) 239-5874; REGION OFFICE: 1921 Cedar Bend, Suite 150, Austin, Texas 78758-5336, (512) 339- 2929. (9)COMPANY: Needville Independent School District; DOCKET NUMBER: 97-0239-MWD-E; ACCOUNT NUMBER: Permit Number 12010-001; LOCATION: Needville, Fort Bend County, Texas; TYPE OF FACILITY: wastewater treatment plant; RULE VIOLATED: Permit Number 12010-001 and the Code, sec.26.121, by having extensive sludge deposits in the receiving ditch, by exceeding the daily average total suspended solids permit limit of 20 milligrams per liter by 1,285% in August 1996, and by failing to comply with operational requirement Number 1, Page 7 of Permit Number 12010- 001 to prevent spills throughout the wastewater treatment plant; PENALTY: $16,280; ENFORCEMENT COORDINATOR: Lin Zhang, (512) 239-4497; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1423, (713) 767-3500. (10)COMPANY: Northern Natural Gas Company; DOCKET NUMBER: 97-0508-AIR-E; ACCOUNT NUMBER: PE-0028-I; LOCATION: Fort Stockton, Pecos County, Texas; TYPE OF FACILITY: natural gas processing plant; RULE VIOLATED: 30 TAC sec.116.110(a) and the Act, sec.382.085(b) and sec.382.0518(a), by failing to obtain a permit or satisfying the conditions for an exemption prior to operating the Mitchell Plant; PENALTY: $43,800; ENFORCEMENT COORDINATOR: Kevin Cauble, (512) 239-1874; REGIONAL OFFICE: 3300 North A Street, Building 4, Suite 107, Midland, Texas 79705-5421, (915) 570-1359. (11)COMPANY: Rolling Creek Utility District; DOCKET NUMBER: 97-0361-MWD-E; ACCOUNT NUMBER: Permit Number 12841-001; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: domestic wastewater treatment plant; RULE VIOLATED: Permit Number 12841-001 and the Code, sec.26.121, by exceeding the total suspended solids daily average concentration limitation; PENALTY: $0; ENFORCEMENT COORDINATOR: Lin Zhang, (512) 239-4497; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1423, (713) 767-3500. (12)COMPANY: Texas Auto Concepts-McKinney, Inc.; DOCKET NUMBER: 97-0731-AIR-E; ACCOUNT NUMBER: CP-0308-W; LOCATION: McKinney, Collin County, Texas; TYPE OF FACILITY: used car sales lot; RULE VIOLATED: 30 TAC sec.114.1(c)(1) and the Act, sec.382.085(b), by offering for sale a vehicle in the State of Texas with missing required emission control systems or devices; PENALTY: $500; ENFORCEMENT COORDINATOR: Mary Jennings, (512) 239-1864; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 469-6750. (13)COMPANY: The City of Beaumont; DOCKET NUMBER: 97-0331-MWD-E; ACCOUNT NUMBER: Permit Number 10501-020; LOCATION: Beaumont, Jefferson County, Texas; TYPE OF FACILITY: domestic wastewater treatment plant; RULE VIOLATED: Permit Number 10501-020 and the Code, sec.26.121, by exceeding the fecal coliform daily average limitation; PENALTY: $240; ENFORCEMENT COORDINATOR: Gilbert Angelle, (512) 239-4489; REGIONAL OFFICE: 3870 Eastex Freeway, Suite 110, Beaumont, Texas 77703-1892, (409) 898-3838. (14)COMPANY: The City of Dayton; DOCKET NUMBER: 97-0268-MWD-E; ACCOUNT NUMBER: Permit Number 10564-003; LOCATION: Dayton, Liberty County, Texas; TYPE OF FACILITY: domestic wastewater treatment plant; RULE VIOLATED: Permit Number 10564-003 and the Code, sec.26.121, by exceeding the ammonia nitrogen daily average concentration limitation; PENALTY: $13,040; ENFORCEMENT COORDINATOR: Roxanne Cook, (512) 239-4496; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas, 77023-1423, (713) 767-3500. (15)COMPANY: The City of El Paso; DOCKET NUMBER: 97-0171-IWD-E; ACCOUNT NUMBER: Registration Number L-98827; LOCATION: El Paso, El Paso County, Texas; TYPE OF FACILITY: wastewater treatment plant; RULE VIOLATED: 30 TAC sec.321.134(c)(2)(A), by exceeding the 500 parts per billion (ppb) limit for total benzene, toluene, ethylbenzene, and xylene and by exceeding the 50 ppb limit for benzene; PENALTY: $6,520; ENFORCEMENT COORDINATOR: Merrilee Mears, (512) 239-4490; REGIONAL OFFICE: 7500 Viscount Boulevard, Suite 147, El Paso, Texas 79925-5633, (915) 778-9634. (16)COMPANY: The City of Groveton; DOCKET NUMBER: 96-1237-PWS-E; ACCOUNT NUMBER: Public Water Supply Number 2280001; LOCATION: Groveton, Trinity County, Texas; TYPE OF FACILITY: public drinking water system; RULE VIOLATED: 30 TAC sec.290.46(s), by failing to issue a boil water notice during time period when the distribution pressures were below 20 pounds per square inch (psi); 30 TAC sec.290.46(e), by failing to operate the system under the direct supervision of a certified water works operator; 30 TAC sec.290.46(n), by failing to maintain up-to-date map of the distribution system; 30 TAC sec.290.46(w), by failing to post a legible sign which provides the name of the water supply and an emergency telephone number where a responsible person can be contacted at each of the facilities; 30 TAC sec.290.46(m), by failing to initiate a maintenance program to facilitate cleanliness, improve the general appearance of all plant facilities, and reduce costly repairs due to a lack of proper maintenance; 30 TAC sec.290.46(t) and sec.290.43(c), by failing to provide that all associated appurtenances on the storage tanks including valves, pipes, and fittings are tight against leakage; 30 TAC sec.290.43(c)(4), by failing to provide the south ground storage tank with a satisfactory means, properly protected from a sanitary standpoint, of easily determining the amount of water in storage; 30 TAC sec.290.43(c)(2), by failing to equip the south ground storage tank roof hatch with suitable gaskets; 30 TAC sec.290.43(c)(1), by failing to provide the north ground storage tank with an acceptable vent of the gooseneck or roof ventilator type, with the opening protected by a 16-mesh or finer corrosion- resistant screening; 30 TAC sec.290.43(c)(2), by failing to ensure the north ground storage tank is locked at all times to prevent any contamination from entering the water supply from outside sources; 30 TAC sec.290.43(c)(3), by failing to provide the overflow on the north ground tank with a hinged flap valve; 30 TAC sec.290.43(c)(4), by failing to provide the north ground stora age tank with a satisfactory means, properly protected from a sanitary standpoint, of easily determining the amount of water in storage; 30 TAC sec.290.43(f), by failing to provide that all service pumps located at the water plant taking suction from storage tanks are equipped with automatic low water level cutoff devices to prevent damage to the pumps; 30 TAC sec.290.46(p)(1) and (2), by failing to inspect and maintain records of these inspections for ground and elevated storage tanks on an annual basis; 30 TAC sec.290.46(j), by failing to complete customer service inspection certifications; 30 TAC sec.290.42(e)(7), by failing to provide the chlorination room with an upper level vent and a lower level vent; 30 TAC sec.290.42(e)(5), by failing to provide a full-face self- contained breathing apparatus or supplied air respirator; 30 TAC sec.290.45(f)(3), by failing to provide a purchased water contract that indicates a maximum hourly and daily purchase rate; 30 TAC sec.290.45(b)(1)(D)(iii), by failing to provide two or more service pumps with a total rated capacity of 2.0 gallons per minute per connection; 30 TAC sec.290.45(b)(1)(D)(iv), by failing to provide elevated storage capacity of 100 gallons per connection; 30 TAC sec.290.46(x) and sec.338.48, by failing to plug an abandoned well and submit a plugging report; and 30 TAC sec.290.46(u), by failing to provide a minimum pressure of 35 psi throughout the distribution system under normal operating conditions; PENALTY: $5,247; ENFORCEMENT COORDINATOR: Tom Napier, (512) 239-6063; REGIONAL OFFICE: 3870 Eastex Freeway, Suite 110, Beaumont, Texas 77703-1892, (409) 898-3838. (17)COMPANY: The City of Mertens; DOCKET NUMBER: 97-0582-MWD-E; ACCOUNT NUMBER: Permit Number 13271-001; LOCATION: Mertens, Hill County, Texas; TYPE OF FACILITY: wastewater treatment plant; RULE VIOLATED: Permit Number 13271-001 and the Code, sec.26.121, by discharging effluent that was substantially noncompliant with the total suspended solids daily average concentration permit limit of 90.0 milligrams per liter from July 1996 through October 1996; PENALTY: $0; ENFORCEMENT COORDINATOR: Pamela Campbell, (512) 239-4493; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7807, (817) 751-0335. (18)COMPANY: The City of Paradise; DOCKET NUMBER: 97-0154-PWS-E; ACCOUNT NUMBER: Public Water Supply Number 2490010 and 2490038; LOCATION: Paradise, Wise County, Texas; TYPE OF FACILITY: public drinking water system; RULE VIOLATED: 30 TAC sec.290.45, by failing to provide well capacities, by failing to provide pressure maintenance facilities and by failing to provide total storage capacities which meet the "Minimum Water Capacity Requirements for Public Water Systems"; and 30 TAC sec.290.41(c)(1)(F), by failing to protect the system's facilities by a 150-foot radius sanitary control easement prohibiting all septic tanks within 50 feet of the well and open-jointed drainfields within a 150-foot radius of each well; PENALTY: $4,100; ENFORCEMENT COORDINATOR: Terry Thompson, (512) 239-6095; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 469-6750. (19)COMPANY: Tommy Moss Corporation and Mr. Tajdin Momin; DOCKET NUMBER: 96- 0751-PST-E; ACCOUNT NUMBER: Enforcement Identification Number 4996 (formerly E11237); LOCATION: 6-Ten Grocery, League City, Galveston County, Texas; TYPE OF FACILITY: underground storage tank; RULE VIOLATED: 30 TAC sec.115.241 and sec.115.249 and the Act, sec.382.085(b), by failing to install by November 15, 1994, an approved Stage II vapor recovery system which is certified to reduce emissions of volatile organic compounds to the atmosphere by at least 95%; 30 TAC sec.334.50(b)(1)(A), by failing to provide proper release detection for the UST systems; 30 TAC sec.334.51(b)(2)(B), by failing to provide proper spill containment equipment for the UST systems; and 30 TAC sec.334.51(b)(2)(C), by failing to provide proper overfill prevention equipment for the UST systems; PENALTY: $15,400; ENFORCEMENT COORDINATOR: Karen Berryman, (512) 239-2172; REGION OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1423, (713) 767- 3500. (20)COMPANY: Trade Rite Auto Sales; DOCKET NUMBER: 97-0389-AIR-E; ACCOUNT NUMBER: MQ-0292-F; LOCATION: Conroe, Montgomery County, Texas; TYPE OF FACILITY: used car dealership; RULE VIOLATED: 30 TAC sec.114.1(c)(1) and (2) and the Act, sec.382.085(b), by offering for sale a vehicle with missing and inoperable required control systems or devices; PENALTY: $500; ENFORCEMENT COORDINATOR: Mary Jennings, (512) 239-1864; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1423, (713) 767-3500. Issued in Austin, Texas, on September 5, 1997. TRD-9711714 Kevin McCalla Director, Legal Division Texas Natural Resource Conservation Commission Filed: September 5, 1997 Notice of Receipt of Application and Declaration of Administrative Completeness for Municipal Solid Waste Management Facility For the Period of August 25, 1997 through September 5, 1997 APPLICATION BY TEXAS ECOLOGISTS, INC., Proposed Permit Number MSW2267, to authorize a Type I municipal solid waste management facility permit. The permit would allow the applicant to receive approximately 833 tons of municipal solid waste and Class 1, Class 2, and Class 3 non-hazardous industrial solid waste. The proposed site covers approximately 160.08 acres of land and is located on the southwest corner of County Road 30 and County Road 69, approximately 4.2 miles south of the intersection of State Highway 44 and County Road 69 in Nueces County, Texas. Petronila, Texas is the nearest town, located 4.5 miles southeast of the facility. APPLICATION BY SANIFILL OF TEXAS, INC., Proposed Permit Number MSW1535-B, to authorize a Type I municipal solid waste management facility permit to receive municipal solid waste. The proposed site covers approximately 259.39 acres of land and is to receive approximately 5,435 gate yards of municipal solid waste per day. The site is located approximately 4.5 miles southeast of downtown Baytown, Texas at the intersection of FM 2354 and FM 1405 in Chambers County, Texas. From downtown Houston, travel east on I-10 for approximately 30 miles, then go south on OSR 146 for approximately 4 miles, then go southbound on FM 1405 for approximately 8 miles, then travel west on FM 2354 for approximately 0.25 mile to the site entrance. APPLICATION BY BROWNING-FERRIS, INC., Proposed Permit Number MSW1948-A, to authorize a Type I municipal solid waste management facility permit. The permit would allow the applicant to receive approximately 606 tons of municipal solid waste per day. The existing site covers approximately 134.55 acres of land and is located approximately 3.2 miles north of Donna, Texas and within the ETJ of the City of Donna, approximately 1/4 mile east of FM 493 with access provided to the landfill from Mile 12 North Road in Hildalgo County, Texas. APPLICATION BY MORTON MUNICIPAL SOLID WASTE LANDFILL, Proposed Permit Number MSW2268, to authorize a Type IVAE municipal solid waste management facility permit. The permit would allow the applicant to receive approximately 1.0 ton of municipal solid waste per day. The proposed site covers approximately 36.10 acres of land and is located 1,000 feet east of 8th Street, 3121 feet north of FM 1780 , approximately 1/4 mile northeast of the City of Morton in Cochran County, Texas. APPLICATION BY ECD LANDFILL, INC., Proposed Permit Number MSW1745-A, to authorize a Type I municipal solid waste management facility permit. The permit would allow the applicant to receive approximately 2,227 tons of municipal solid waste per day. The existing site covers approximately 352.6 acres of land and is located approximately 4 miles north of Ennis, 0.75 mile north of Garrett, and 1.8 miles south of Palmer in Ellis County, Texas. If you wish to request a public hearing, you must submit your request in writing. You must state (1) your name, mailing address and daytime phone number; (2) the application number, TNRCC docket number or other recognizable reference to the application; (3) the statement I/we request an evidentiary public hearing; (4) a brief description of how you, or the persons you represent, would be adversely affected by the granting of the application; and (5) a description of the location of your property relative to the applicant's operations. Requests for a public hearing or questions concerning procedures should be submitted in writing to the Chief Clerk's Office, Park 35 TNRCC Complex, Building F, Room 1101, Texas Natural Resource Conservation Commission, Mail Code 105, P.O. Box 13087, Austin, Texas 78711. Individual members of the public who wish to inquire about the information contained in this notice, or to inquire about other agency permit applications or permitting processes, should call the TNRCC Office of Public Assistance, Toll Free, at 1-800-687-4040. Issued in Austin, Texas, on September 5, 1997. TRD-9711769 Eugenia K. Brumm, Ph.D. Cheif Clerk Texas Natural Resource Conservation Commission Filed: September 5, 1997 Provisionally-Issued Temporary Permits to Appropriate State Water Listed below are permits issued during the period of August 29, 1997. Application Number TA-7848 by Amarillo Road Company for diversion of ten acre- feet in a 10-year period for industrial (road construction) use. Water may be diverted from two diversion points: (a) East Amarillo Creek, approximately 13 miles north of Amarillo, Potter County, Texas at the crossing of East Amarillo Creek and US Hwy. 87; and (b) Canadian River, approximately 19 miles north of Amarillo, Potter County, Texas at the crossing of the Canadian River US Hwy. 87, Canadian River Basin. Application Number TA-7849 by Pumpco, Inc. for diversion of 2.0 acre-feet in a 30 day period for industrial purposes. Water may be diverted from Tehuacana Creek, Trinity River Basin, at the County Road 131 crossing, approximately 8.0 miles northwest of Fairfield, Freestone County, Texas, Trinity River Basin. Application Number TA-7850 by Tom Thorp Transports, Inc. for diversion of five acre-feet in a one year period for mining (hauling freshwater to rigs to be used for drilling oil wells) use. Water may be diverted from near the FM 2469 crossing of the Middle Concho River, approximately 21.7 miles northwest of Mertzon, Irion County, Texas, Colorado River Basin. Application Number TA-7851 by Tom Thorp Transport, Inc. for diversion of five acre-feet in a one year period for mining (hauling freshwater to rigs to be used for drilling oil wells) purposes. Water may be diverted from the near the FM 853 crossing of West Rocky Creek, approximately 13 northwest of Mertzon, Irion County, Texas, Colorado River Basin. Application Number TA-7852 by Hays County for diversion of ten acre-feet in a one year period for industrial (road maintenance) use. Water may be diverted from four points on Onion and Barton Creeks within Hays County, Texas, Colorado River Basin. Application Number TA-7853 by Hays County for diversion of ten acre-feet in a one year period for industrial (road maintenance) use. Water may be diverted from five points on the Blanco River within Hays County, Texas, Guadalupe River Basin. Application Number TA-7854 by Sun Pipeline Company for diversion of 3.0 acre- feet for industrial purposes. Water may be diverted from an unnamed tributary of Cooper Creek, Neches River Basin, at the Highway 64 crossing, approximately 8.1 miles east of Henderson, Rusk County, Texas, Neches River Basin. Application Number TA-7856 by Exxon Corporation for diversion of 10.0 acre-feet in a 1 year period for industrial purposes. Water may be diverted from San Fernando Creek, Nueces-Rio Grande Coastal Basin, at the Highway 141 crossing, which is located approximately 10 miles northwest of Kingsville, Kleberg County, Texas, Nueces-Rio Grande. Application Number TA-7857 by Capital Excavation Company for diversion of ten acre-feet in a one year period for industrial (road construction) use. Water may be diverted from the FM 20 crossing of the San Marcos River, 13 miles northeast of Seguin, Guadalupe County, Texas, Guadalupe River Basin. Application Number TA-7858 by Champion Site Prep Inc. for diversion of one acre- feet in a 1-year period for industrial (construction) use. Water may be diverted from Berry Creek, approximately five miles north of Georgetown, Williamson County, Texas at the crossing of Berry Creek and IH-35, Brazos River Basin. Application Number TA-7861 by Mezger Enterprises, Inc. for diversion of 10.0 acre-feet in a one year period for mining purposes. Water may be diverted from the underflow of the Clear Fork Brazos River, Brazos River Basin, near the FM 142 crossing located approximately 30 miles west of Albany, Shackelford County, and 2 miles north of Lueders, Texas. Application Number TA-7867 by E.E. Hood & Sons, Inc. For diversion of ten acre- feet in a 6-month period for industrial (highway construction) purposes. Water may be diverted from San Miguel Creek, approximately 21.6 miles southwest of Jourdanton, Atascosa County, Texas at the crossing of S.H. 97 and San Miguel Creek. The Executive Director of the TNRCC has reviewed each application for the permits listed and determined that sufficient water is available at the proposed point of diversion to satisfy the requirements of the application as well as all existing water rights. Any person or persons who own water rights or who are lawful users of water on a stream affected by the temporary permits listed above and who believe that the diversion of water under the temporary permit will impair their rights may file a complaint with the TNRCC. The complaint can be filed at any point after the application has been filed with the TNRCC and the time the permit expires. The Executive Director shall make an immediate investigation to determine whether there is a reasonable basis for such a complaint. If a preliminary investigation determines that diversion under the temporary permit will cause injury to the complainant the commission shall notify the holder that the permit shall be canceled without notice and hearing. No further diversions may be made pending a full hearing as provided in Section 295.174. Complaints should be addressed to Water Rights Permitting Section, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711, Telephone (512) 239-4433. Information concerning these applications may be obtained by contacting the Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711, Telephone (512) 239-3300. Issued in Austin, Texas, on September 2, 1997. TRD-9711516 Eugenia K. Brumm, Ph. D. Chief Clerk Texas Natural Resource Conservation Commission Filed: September 2, 1997 Provisionally-Issued Temporary Permits to Appropriate State Water Permits issued during the period of September 5, 1997. Application Number TA-7855 by Cox Paving Company for diversion of 2 acre-feet in a three-month period for industrial (road construction) use. Water may be diverted from the North Fork Guadalupe Rive, approximately 22 miles west of Kerrville, Kerr County, Texas, Guadalupe Rive Basin. Application Number TA-7859 by Odell Geer Construction Co., Inc. for diversion of 1 acre-feet in a one-year period for industrial (road construction) use. Water may be diverted from Coryell Creek, approximately seven miles east of Gatesville, Coryell County, Texas at the crossing of US Hwy. 84 and Coryell Creek, Brazos River Basin. Application Number TA-7860 by Iowa Bridge & Culvert for diversion of 1.0 acre- feet in a one year period for industrial use. Water may be diverted from Hutton Branch, Trinity River Basin, at the Jackson Street crossing, located approximately 12 miles north of Dallas, Dallas County, and 1 mile east of Carrollton, Texas. Application Number TA-7863 by Ballenger Construction Co. for diversion of 1 acre-foot in a one year period for industrial (road construction) use. Water may be diverted from the ditch near the intersection of FM 1018 and 1420, seven miles southeast of Raymondville, Willacy County, Texas, Nueces-Rio Grande Coastal. Application Number TA-7864 by Driver Pipeline Company, Inc. for diversion of 5 acre-feet in a six-month period for industrial (hydrostatic testing) use. Water may be diverted from the San Bernard River, approximately 10 miles southwest of Angleton, Brazoria County, Texas near the intersection of C.R. 510 and C.R. 314 at the crossing of Phillips pipeline and the San Bernard River, Brazos-Colorado Coastal Basin. Application Number TA-7865 by Enerpipe Corporation for diversion of 5 acre-feet in a six-month period for industrial (hydrostatic testing) use. Water may be diverted from the Lavaca River, approximately 2.5 miles southwest of Edna, Jackson County, Texas, Lavaca River Basin. Application Number TA-7867 by Torres Ready-Mix for diversion of 10.0 acre-feet in a one year period for mining purposes. Water may be diverted from the Nueces River, Nueces River Basin, at a point approximately 25 miles north of Crystal City, Zavala County, and seven miles north of La Pryor, Texas. Application Number TA-7868 by Texas Parks and Wildlife Dept. for diversion of 10.0 acre-feet in a six month period for industrial use. Water may be diverted from the Sabine River, Sabine River Basin, at a point approximately 13.5 miles north of Tyler, Smith County and 5.2 miles northeast of Lindale, Texas. The Executive Director of the TNRCC has reviewed each application for the permits listed and determined that sufficient water is available at the proposed point of diversion to satisfy the requirements of the application as well as all existing water rights. Any person or persons who own water rights or who are lawful users of water on a stream affected by the temporary permits listed above and who believe that the diversion of water under the temporary permit will impair their rights may file a complaint with the TNRCC. The complaint can be filed at any point after the application has been filed with the TNRCC and the time the permit expires. The Executive Director shall make an immediate investigation to determine whether there is a reasonable basis for such a complaint. If a preliminary investigation determines that diversion under the temporary permit will cause injury to the complainant the commission shall notify the holder that the permit shall be canceled without notice and hearing. No further diversions may be made pending a full hearing as provided in Section 295.174. Complaints should be addressed to Water Rights Permitting Section, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711, Telephone (512) 239-4433. Information concerning these applications may be obtained by contacting the Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711, Telephone (512) 239-3300. Issued in Austin, Texas, on September 5, 1997. TRD-9711767 Eugenia K. Brumm, Ph.D. Cheif Clerk Texas Natural Resource Conservation Commission Filed: September 5, 1997 Public Notices The executive director of the Texas Natural Resource Conservation Commission (TNRCC or commission) has issued a public notice of a proposed selection of remedy for the Jerrell B. Thompson (JBT) State Superfund Site, which constitutes an imminent and substantial endangerment due to a release or threatened release of hazardous substances into the environment. In accordance with 30 Texas Administrative Code (TAC) sec.335.349(a) concerning requirements for the remedial action, and the Texas Health and Safety Code, Chapter 361.187 of the Solid Waste Disposal Act concerning the proposed remedial action, a public meeting regarding the proposed remedy for the Jerrell B. Thompson State Superfund Site shall be held. The statute requires that the Commission shall publish notice of the meeting in the type-name="italic">Texas Register and in a newspaper of general circulation in the county in which the facility is located at least 45 days before the date of the public meeting. The public meeting is scheduled at the Phalba Community Center, located on State Highway 198 in Phalba on Thursday, October 30, 1997 beginning at 8:00 p.m. The public meeting will be legislative in nature and is not a contested case hearing under the Texas Government Code 2001. The site for which a remedy is being proposed, the Jerrell B. Thompson State Superfund Site, was proposed for listing on the State Registry of Superfund Sites at a public meeting in Canton, Texas on October 26, 1990, and originally appeared on the State Registry of Superfund Sites published in the October 1, 1991, edition of the Texas Register (16 TexReg 5420-5421). The JBT State Superfund Site is located north of Phalba, Texas on Van Zandt County Road 2410 approximately one mile north of the intersection of County Road 2410 and State Highway 198. The JBT Site was the location of an automotive battery reclamation operation that began in 1970. In 1978, a waste battery processing facility was built on site. The tops of the batteries were cut off with a saw. Anhydrous ammonia was used to wash sulfuric acid from the battery cells, creating a neutralized or basic wash that was collected in stainless steel troughs. In November 1980, Mr. Jerrell B. Thompson filed a Part A Permit Application as an interim status hazardous waste management facility. In April 1981, the facility became inactive. In May 1982 and November 1982, the Texas Department of Health (TDH) inspected the site and collected soil samples and found total lead concentrations as high as 329,000 mg/kg. On April 5, 1984, the TDH sent a Notice of Violation letter to Mr. Thompson. No response was received. On August 20, 1984, a letter was sent to Mr. Thompson terminating interim status. Between 1984 and 1987, the Texas Water Commission (TNRCC predecessor agency) District 5 office inspected the site, noted several violations, and filed several enforcement actions against the operators of the site. During this time, the TWC collected surface soil, pond and liquid waste samples, and based on the collected information, a Site Inspection Report was completed. The following investigations were conducted at the site from 1987 to 1990: Comprehensive Groundwater Monitoring Evaluation (1987); Solid Waste Compliance Monitoring Inspection (1987); RCRA Facility Assessment PR/VSI Report (1988); and Solid Waste Inspection (1989). From 1993 to 1994, the TNRCC performed a Remedial Investigation and Baseline Risk Assessment. In May 1997, the TNRCC completed the Presumptive Remedy Document. The Presumptive Remedy Document sets out the site remedy selection process. The Remedial Investigation results indicate that metals contamination (lead, arsenic, cadmium, and antimony) exists at the site at levels which threaten human health and the environment. A Baseline Risk Assessment concluded that further action was needed to eliminate any imminent and substantial endangerment to human health and the environment from the contamination at the site. Based on the calculated volume of contaminated soil and the requirement for protection of groundwater, the recommended remedial alternative from the Presumptive Remedies Guidance is on-site containment with stabilization. The recommended alternative is the most cost effective, reasonable and appropriate remedy to address the site. Persons desiring to make comments on the proposed remedial action or the identification of potentially responsible parties may do so at the meeting or in writing prior to the public meeting. Written comments concerning the remedial action proposed may be submitted to Ms. Luda Voskov, C.P.G., Project Manager, TNRCC, Pollution Cleanup Division, MC 143, P.O. Box 13087, Austin, Texas 78711- 3087. All comments must be received by the close of the public meeting on October 30, 1997. A brief summary of the commission's records regarding this site is available for public review and copying during regular business hours at the Van Zandt County Public Library, 317 First Monday Lane, Canton, Texas, telephone 903/567-4276. Copies of the complete public record file may be obtained during business hours at the by contacting the TNRCC, Central Records Center, Building D, North Entrance, Room 190, 12100 Park 35 Circle, Austin, Texas 78753, telephone 512/- 239-2920. Photocopying of file information is subject to payment of a fee. For further information, please call: 1-800-633-9363 (within Texas only) or 512/239-2141. Issued in Austin, Texas, on September 5, 1997. TRD-9711753 Kevin McCalla Director, Legal Division Texas Natural Resource Conservation Commission Filed: September 5, 1997 The executive director of the Texas Natural Resource Conservation Commission (TNRCC or commission) has issued a public notice of a proposed selection of remedy for the JCS Company State Superfund Site, which constitutes an imminent and substantial endangerment due to a release or threatened release of hazardous substances into the environment. In accordance with 30 Texas Administrative Code (TAC) sec.335.349(a) concerning requirements for the remedial action, and the Texas Health and Safety Code, Chapter 361.187 of the Solid Waste Disposal Act concerning the proposed remedial action, a public meeting regarding the proposed remedy for the JCS Company State Superfund Site shall be held. The statute requires that the Commission shall publish notice of the meeting in the Texas Register and in a newspaper of general circulation in the county in which the facility is located at least 45 days before the date of the public meeting. The public meeting is scheduled at the Phalba Community Center, located on State Highway 198 in Phalba on Thursday, October 30, 1997 beginning at 7:00 p.m. The public meeting will be legislative in nature and is not a contested case hearing under the Texas Government Code 2001. The site for which a remedy is being proposed, the JCS Company State Superfund Site, was proposed for listing on the State Registry of Superfund Sites at a public meeting in Canton, Texas on October 26, 1990, and originally appeared on the State Registry of Superfund Sites published in the October 1, 1991, edition of the Texas Register (16 TexReg 5420-5421). The JCS Company (JCS) State Superfund Site is located north of Phalba, Texas on Van Zandt County Road 2415 approximately one and one-half miles west of the intersection of County Road 2403 and State Highway 198. The JCS Site was the location of an automotive battery reclamation operation that began in 1970. Between 1978 and 1981, the JCS Company purchased used batteries and stored them in the battery processing building. The tops of the batteries were cut off with a saw. Anhydrous ammonia was used to wash sulfuric acid from the battery cells, creating a neutralized or basic wash that was collected in stainless steel troughs. In November 1980, the JCS Company filed a Part A Permit Application as an interim status hazardous waste management facility. In October 1981, the facility became inactive. In March 1984, the Texas Department of Health (TDH) inspected the site and collected soil samples and found total lead concentrations as high as 329,000 mg/kg. On April 5, 1984, the TDH sent a Notice of Violation letter to the JCS Company and no response was received. On August 20, 1984, a letter was sent to the JCS Company terminating interim status. Between 1986 and 1987, the Texas Water Commission (TWC), TNRCC predecessor agency, District 5 office inspected the site, noted several violations, and filed several enforcement actions against the operators of the site. During this time, the TWC collected surface soil, pond and liquid waste samples and based on the collected information, a Site Inspection Report was completed. The following investigations were conducted at the site from 1987 to 1990: Comprehensive Groundwater Monitoring Evaluation (1987); Solid Waste Compliance Monitoring Inspection (1987); RCRA Facility Assessment PR/VSI Report (1988); and Solid Waste Inspection (1989). From 1993 to 1994, the TNRCC performed a Remedial Investigation and Baseline Risk Assessment. In May 1997, the TNRCC completed the Presumptive Remedy Document. The Presumptive Remedy Document sets out the site remedy selection process. The Remedial Investigation results indicate that metals contamination (lead, arsenic, and antimony) exists at the site at levels which threaten human health and the environment. A Baseline Risk Assessment concluded that further action was needed to eliminate any imminent and substantial endangerment to human health and the environment from the contamination at the site. Based on the calculated volume of contaminated soil and the conclusion that impacts to groundwater are not a concern; the recommended remedial alternative from the Presumptive Remedies Guidance is on-site containment without stabilization. The recommended alternative is the most cost effective, reasonable and appropriate remedy to address the site. Persons desiring to make comments on the proposed remedial action or the identification of potentially responsible parties may do so at the meeting or in writing prior to the public meeting. Written comments concerning the remedial action proposed may be submitted to Ms. Luda Voskov, C.P.G., Project Manager, TNRCC, Pollution Cleanup Division, MC 143, P.O. Box 13087, Austin, Texas 78711- 3087. All comments must be received by the close of the public meeting on October 30, 1997. A brief summary of the Commission's records regarding this site is available for public review and copying during regular business hours at the Van Zandt County Public Library, 317 First Monday Lane, Canton, Texas, telephone 903/567-4276. Copies of the complete public record file may be obtained during business hours at the TNRCC Central Records Center, Building D, North Entrance, Room 190, 12100 Park 35 Circle, Austin, Texas 78753, telephone 512/239-2920. Photocopying of file information is subject to payment of a fee. For further information, please call: 1-800-633-9363 (within Texas only) or 512/239- 2141. Issued in Austin, Texas, on September 5, 1997. TRD-9711808 Kevin McCalla Director, Legal Division Texas Natural Resource Conservation Commission Filed: September 5, 1997 Request For Proposal The Corpus Christi Bay National Estuary Program (CCBNEP), a Program of the Texas Natural Resource Conservation Commission (TNRCC) invites interested parties to submit proposals for a consulting services project to be initiated during Fiscal Year 1998 (Starting date: October 15, 1997). The CCBNEP is funded through a Cooperative Agreement between the TNRCC of the State of Texas and the U.S. Environmental Protection Agency (EPA). All contracts will be with the TNRCC. The contract will be a consulting services contract following the requirements found in the Government Code, Chapter 2254, Subchapter B. Consultants are encouraged, but not required, to provide cost sharing. The CCBNEP and TNRCC anticipate having funds in the amount of $30,000 for the project listed below: Project Title. Public Access Plan. This contract is for the purpose of advising the Corpus Christi Bay National Estuary Program for the development of a public access plan which will profile the present conditions of each existing public access site within the Corpus Christi Bay National Estuary Program (CCBNEP) Study Area. The Contractor will be required to establish a work group (comprised of representatives from each county or community), compile existing information into a single base map, conduct site visits and identify key characteristics of each site including, but not limited to type of access, type and number of facilities, general condition, level of use, adjacent activities and environmental conditions. In addition the Contractor will advise the CCBNEP on possible improvements to each site including estimated budget and funding sources, will conduct public meetings and will develop a final report that will serve as the public access plan. Potential contractors must submit 20 copies of a Proposal Work Plan. The Proposal Work Plan should describe the potential contractor's approach to the project and should be submitted to the CCBNEP Program Office by no later than 5:00 P.M., September 26, 1997. It is the responsibility of the potential contractor to verify that the Program Office has received the Proposal Work Plan by the deadline. Faxed Proposal Work Plans will not be accepted. Appropriate Management Conference committees will evaluate proposals and the appropriate committee will forward initial recommendations to the Management Committee for award. Selection will be based upon demonstrated competence, knowledge, and qualifications, and on the reasonableness of the proposed fee for service. The selection criterion is contained in the CCBNEP Proposal Evaluation Guide which can be obtained from the CCBNEP. Copies of the Project Scope of Work, Guidelines for Proposal Work Plans, Proposal Evaluation Guide and Guidelines for Verbal Presentations may be obtained by contacting the Program Office (see address below). Any and all expenses incurred during the development and/or presentation of Proposal Work Plans shall be the responsibility of the potential contractor. Send copies of Proposal Work Plan by 5:00 P.M., September 26, 1997 to the Corpus Christi Bay National Estuary Program, Natural Resources Building, Suite 3300, 6300 Ocean Drive, Corpus Christi, TX 78412, ATTENTION: Proposal Work Plan (FY 1998). Any questions regarding these projects or the review process should be directed to Richard Volk, CCBNEP Program Director, at 512-980-3420. Issued in Austin, Texas, on September 5, 1997. TRD-9711707 Kevin McCalla Director, Legal Division Texas Natural Resource Conservation Commission Filed: September 5, 1997 Request For Proposal The Corpus Christi Bay National Estuary Program (CCBNEP), a Program of the Texas Natural Resource Conservation Commission (TNRCC) invites interested parties to submit proposals for a consulting services project to be initiated during Fiscal Year 1998 (Starting date: October 15, 1997). The CCBNEP is funded through a Cooperative Agreement between the TNRCC of the State of Texas and the U.S. Environmental Protection Agency (EPA). All contracts will be with the TNRCC. The contract will be a consulting services contract following the requirements found in the Government Code, Chapter 2254, Subchapter B. Consultants are encouraged, but not required, to provide cost sharing. The CCBNEP and TNRCC anticipate having funds in the amount of $30,000 for the project listed below: Project Title. "Comprehensive Conservation and Management Plan Support." This contract is for consulting services for the preparation of a public response document on the draft Coastal Bend Bays Plan (CBBP), map production services associated with the development of the CBBP and the gathering and evaluation of information from identified local stakeholders associated with the 13 Action Plan Task Forces of the Corpus Christi Bay National Estuary Program (CCBNEP). Potential contractors must submit 20 copies of a Proposal Work Plan. The Proposal Work Plan should describe the potential contractor's approach to the project and should be submitted to the CCBNEP Program Office by no later than 5:00 P.M., September 26, 1997. It is the responsibility of the potential contractor to verify that the Program Office has received the Proposal Work Plan by the deadline. Faxed Proposal Work Plans will not be accepted. Appropriate Management Conference committees will evaluate proposals and the appropriate committee will forward initial recommendations to the Management Committee for award. Selection will be based upon demonstrated competence, knowledge, and qualifications, and on the reasonableness of the proposed fee for service. The selection criterion is contained in the CCBNEP Proposal Evaluation Guide which can be obtained from the CCBNEP. Copies of the Project Scope of Work, Guidelines for Proposal Work Plans, Proposal Evaluation Guide and Guidelines for Verbal Presentations may be obtained by contacting the Program Office. Any and all expenses incurred during the development and/or presentation of Proposal Work Plans shall be the responsibility of the potential contractor. Send copies of Proposal Work Plan by 5:00 P.M., September 26, 1997, to the Corpus Christi Bay National Estuary Program, Natural Resources Building, Suite 3300, 6300 Ocean Drive, Corpus Christi, Texas 78412, ATTENTION: Proposal Work Plan (FY 1998). Any questions regarding these projects or the review process should be directed to Richard Volk, CCBNEP Program Director, at (512) 980-3420. Issued in Austin, Texas, on September 3, 1997. TRD-9711832 Kevin McCalla Director, Legal Division Texas Natural Resource Conservation Commission Filed: September 8, 1997 North Central Texas Council of Governments Notice of Consultant Contract Award Pursuant to the provisions of Government Code, Chapter 2254, the North Central Texas Council of Governments publishes this notice of consultant contract award. The consultant proposal request appeared in the July 18, 1997, issue of the Texas Register (22 TexReg 6792). The selected consultant will develop an integrated, intermodal communication plan for the Fort Worth Transportation Authority. The consultant selected for this project is Multisystems, Inc., 10 Fawcett Street, Cambridge MA 02138-1110. The maximum amount of this contract is $64,493. The contract began August 28, 1997 and will terminate on February 28, 1998. Issued in Arlington, Texas, on September 3, 1997. TRD-9711743 R. Michael Eastland Executive Director North Central Texas Council of Governments Filed: September 5, 1997 Panhandle Regional Planning Commission Request for Proposals The Panhandle Regional Planning Commission (PRPC) is issuing a Request for Proposals to secure an entity to provide required program and fiscal monitoring services for its PY1997/CY1998 Job Training Partnership Act (P.L. 97-300, 96 Stat. 1322) Titles II (A, B, C, and 8.0%) and III grants. The period of the contract will be from November 1, 1997 through September 30, 1998. Parties interested in responding to this solicitation may receive a copy of the Request for Proposals by contacting Tom Dressler, Workforce Development Director, Panhandle Regional Planning Commission, P.O. Box 9257, Amarillo, Texas 79105-9257, office (806) 372-3381, fax (806) 373-3268. Proposals must be submitted by 5:00 p.m. on Friday, September 19, 1997. Issued in Austin, Texas, on September 3, 1997. TRD-9711670 Tom Dressler Director, Workforce Development Panhandle Regional Planning Commission Filed: September 4, 1997 Texas Department of Protective and Regulatory Services Corrections of Error The Texas Department of Protective and Regulatory Services proposed new and amendments to 40 TAC sec.sec.725.1001, 725.1805-725.1807, 725.2047, 725.1403, 725.1405, 725.1407, 725.1801, 725.2008, 725.2012, and 725.2046. The rules appeared in the August 5, 1997, issue of the Texas Register, (22 TexReg 7216). In the preamble, sec.725.1407 was listed as a new section and as an amendment. It should be just an amendment. On page 7220, the following information in sec.725.2008(b) should be bold to indicate new text: (b) A person whose license, [or] certification, registration, or listing is revoked may not apply for any license, [or] certification, registration, or listing under this chapter before the second anniversary of the date on which the revocation by TDPRS or court order takes effect. The cost of reimbursing TDPRS for publishing the notice of revocation, as required by the Human Resources Code, Chapter 42, sec.42.077, must be added to the application fee at the time the facility reapplies. The Texas State Board of Registration for Professional Engineers proposed amendments to 40 TAC sec.sec.710.1-710.3, 710.7, and 710.81-710.87. The rules appeared in the August 5, 1997, issue of the Texas Register, (22 TexReg 7213). The title of the chapter should read "Protection of Clients and Staff." On page 7215, sec.710.8(e)(1) should read: (1) If the head of a facility disagrees with the department's review, the head of the facility may appeal the finding to the director of mental health or the director of mental retardation at the Texas Department of Mental Health and Mental Retardation, as appropriate. Public Utility Commission of Texas Notices 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 an application on August 26, 1997, for a service provider certificate of operating authority (SPCOA), pursuant to sec.sec.54.151 - 54.159 of the Public Utility Regulatory Act. A summary of the application follows. Docket Title and Number: Application of Nationwide Communication for a Service Provider Certificate of Operating Authority, Docket Number 17682 before the Public Utility Commission of Texas. Applicant intends to provide business and residential resold local telecommunications services throughout the state of Texas and to provide recurring flat rate local exchange service, EAS service, toll restrictions, call control options, tone dialing, custom calling services, Caller ID, and any other services which are available on a resale basis. Applicant's requested SPCOA geographic area includes the counties of Harris, Fort Bend, Brazoria, and Galveston which are currently served by Southwestern Bell Telephone Company, GTE Southwest, Inc., Central Telephone Company of Texas, Texas Alltel, Inc., Sugar Land Telephone Company, and United Telephone Company of Texas, Inc. Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas, at P.O. Box 13326, Austin, Texas 78711-3326, or call the commission's Office of Consumer Affairs at (512) 936-7120 no later than September 17, 1997. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136. Issued in Austin, Texas, on September 4, 1997. TRD-9711689 Rhonda Dempsey Rules Coordinator Public Utility Commission of Texas Filed: September 4, 1997 Notice is given to the public of the filing with the Public Utility Commission of Texas an application on September 2, 1997, for a service provider certificate of operating authority (SPCOA), pursuant to sec.sec.54.151 - 54.159 of the Public Utility Regulatory Act (PURA). A summary of the application follows. Docket Title and Number: Application of Fibrcom Incorporated for a Service Provider Certificate of Operating Authority, Docket Number 17923 before the Public Utility Commission of Texas. Applicant intends to provide a full range of local exchange and access services, including vertical features and basic and primary rate ISDN. Applicant's requested SPCOA geographic area includes the boundaries of Bexar County. Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas, at P.O. Box 13326, Austin, Texas 78711-3326, or call the commission's Office of Customer Protection at (512) 936-7120 no later than September 17, 1997. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136. Issued in Austin, Texas, on September 4, 1997. TRD-9711688 Rhonda Dempsey Rules Coordinator Public Utility Commission of Texas Filed: September 4, 1997 Notice of Application to Amend Certificate of Convenience and Necessity Notice is given to the public of the filing with the Public Utility Commission of Texas of an application on August 22, 1997, to amend a certificate of convenience and necessity pursuant to sec.sec.1.101(a), 2.201, 2.101(e), 2.252, and 2.255, of the Public Utility Regulatory Act of 1995. A summary of the application follows. Docket Title and Number: Application of Lower Colorado River Authority to Amend Its Certificate of Convenience and Necessity to Construct a Proposed Transmission Line within Bastrop County, Docket Number 17874 before the Public Utility Commission of Texas. The Application: In Docket Number 17874, Lower Colorado River Authority requests an amendment to its certificate of convenience and necessity in order to construct approximately 5.0 miles of 138-kV transmission line and 0.9 miles of 138/69-kV double-circuit transmission line between the Alum Creek substation and the existing Smithville substation, just north of the City of Smithville, in Bastrop County. Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas, at P.O. Box 13326, Austin, Texas 78711-3326, or call the commission's Office of Customer Protection at (512) 936-7120 within 15 days of this notice. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136. Issued in Austin, Texas, on August 29, 1997. TRD-9711509 Rhonda Dempsey Rules Coordinator Public Utility Commission of Texas Filed: August 29, 1997 Notice of Intent to File Pursuant to Public Utility Commission Substantive Rule 23.27 Notice is given to the public of the intent to file with the Public Utility Commission of Texas an application pursuant to P.U.C. SUBSTANTIVE RULE 23.27 for a new PLEXAR-Custom service for McAllen ISD in McAllen, Texas. Tariff Title and Number: Application of Southwestern Bell Telephone Company for a New PLEXAR-Custom Service for McAllen ISD in McAllen, Texas, Pursuant to P.U.C. SUBSTANTIVE RULE 23.27. Tariff Control Number 17927. The Application: Southwestern Bell Telephone Company is requesting approval for a new PLEXAR-Custom service for McAllen ISD in McAllen, Texas. The geographic service market for this specific service is the Brownsville local access and transport area. Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas, by mail at P.O. Box 13326, Austin, Texas 78711- 3326, or call the commission's Office of Customer Protection at (512) 936-7120. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136. Issued in Austin, Texas, on September 5, 1997. TRD-9711744 Rhonda Dempsey Rules Coordinator Public Utility Commission of Texas Filed: September 5, 1997 Notice of Intent to File Pursuant to Public Utility Commission Substantive Rule 23.27 Notice is given to the public of the intent to file with the Public Utility Commission of Texas an application pursuant to Public Utility Commission Substantive Rule 23.27 for an addition to the existing PLEXAR-Custom service for Shell Oil Company in Houston, Texas. Tariff Title and Number: Application of Southwestern Bell Telephone Company for an Addition to the Existing PLEXAR-Custom Service for Shell Oil Company in Houston, Texas, Pursuant to Public Utility Commission Substantive Rule 23.27. Tariff Control Number 17896. The Application: Southwestern Bell Telephone Company is requesting approval for an addition to the existing PLEXAR-Custom service for Shell Oil Company in Houston, Texas. The geographic service market for this specific service is the Houston local access and transport area. Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas, by mail at P.O. Box 13326, Austin, Texas 78711- 3326, or call the Commission's Office of Customer Protection at (512) 936-7120. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136. Issued in Austin, Texas, on September 2, 1997. TRD-9711589 Rhonda Dempsey Rules Coordinator Public Utility Commission of Texas Filed: September 2, 1997 Notice is given to the public of the intent to file with the Public Utility Commission of Texas an application pursuant to Public Utility Commission Substantive Rule 23.27 for a new PLEXAR- Custom service for Brownsville ISD in Brownsville, Texas. Tariff Title and Number: Application of Southwestern Bell Telephone Company for a New PLEXAR-Custom Service for Brownsville ISD in Brownsville, Texas, Pursuant to Public Utility Commission Substantive Rule 23.27. Tariff Control Number 17904. The Application: Southwestern Bell Telephone Company is requesting approval for a new PLEXAR-Custom service for Brownsville ISD in Brownsville, Texas. The geographic service market for this specific service is the Brownsville local access and transport area. Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas, by mail at P.O. Box 13326, Austin, Texas 78711- 3326, or call the Commission's Office of Customer Protection at (512) 936-7120. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136. Issued in Austin, Texas, on September 2, 1997. TRD-9711590 Rhonda Dempsey Rules Coordinator Public Utility Commission of Texas Filed: September 2, 1997 Public Notices of Interconnection Agreement On August 25, 1997, GTE Southwest, Inc. (GTE-SW) and XIT Telecommunications & Technology, Inc., (XIT) collectively referred to as Applicants, filed a joint application for approval of an interconnection agreement under the federal Telecommunications Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered sections of 15 and 47 United States Code) (FTA) and the Public Utility Regulatory Act, 75th Legislature, R.S. Chapter 166, sec.1, 1997 Texas Session Law Service 713 (Vernon) (to be codified at Texas Utility Code Annotated, sec.sec.11.001- 63.063) (PURA). The joint application has been designated Docket Number 17883. The joint application and the underlying interconnection agreement are available for public inspection at the commission's offices in Austin, Texas. The FTA authorizes the commission to review and approve any interconnection agreement adopted by negotiation of the parties. Pursuant to FTA sec.252(e)(2) the commission may reject any agreement if it finds that the agreement discriminates against a telecommunications carrier not a party to the agreement, or that implementation of the agreement, or any portion thereof, is not consistent with the public interest, convenience, and necessity. Additionally, under FTA sec.252(e)(3), the commission may establish or enforce other requirements of state law in its review of the agreement, including requiring compliance with intrastate telecommunications service quality standards or requirements. The commission must act to approve the agreement within 90 days after it is submitted by the parties. The parties have requested expedited review of this application. The commission finds that additional public comment should be allowed before the commission issues a final decision approving or rejecting the interconnection agreement. Any interested person may file written comments on the joint application by filing 13 copies of the comments with the commission's filing clerk. Additionally, a copy of the comments should be served on each of the Applicants. The comments should specifically refer to Docket Number 17883. 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 October 17, 1997, and shall include: 1) a detailed statement of the person's interests in the agreement, including a description of how approval of the agreement may adversely affect those interests; 2) specific allegations that the agreement, or some portion thereof: a) discriminates against a telecommunications carrier that is not a party to the agreement; or b) is not consistent with the public interest, convenience, and necessity; or c) is not consistent with other requirements of state law; and 3) the specific facts upon which the allegations are based. After reviewing any comments, the commission will determine whether to conduct further proceedings concerning the joint application. The commission shall have the authority given to a presiding officer pursuant to P.U.C. Procedural Rule sec.22.202. The commission may identify issues raised by the joint application and comments and establish a schedule for addressing those issues, including the submission of evidence by the Applicants, if necessary, and briefing and oral argument. The commission may conduct a public hearing. Interested persons who file comments are not entitled to participate as intervenors in the public hearing. Persons with questions about this docket or who wish to comment on the application should contact the Public Utility Commission of Texas, 1701 North Congress Avenue, P. O. Box 13326, Austin, Texas 78711-3326. You may call the Public Utility Commission Office of Customer Protection at (512) 936-7120. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Docket Number 17883. Issued in Austin, Texas, on September 5, 1997. TRD-9711749 Rhonda Dempsey Rules Coordinator Public Utility Commission of Texas Filed: September 5, 1997 On August 26, 1997, Southwestern Bell Telephone Company (SWBT) and Fibrcom, Inc. (Fibrcom) collectively referred to as Applicants, filed a joint application for approval of an interconnection agreement under the federal Telecommunications Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered sections of 15 and 47 United States Code) (FTA) and the Public Utility Regulatory Act, 75th Legislature, R.S. Chapter 166, sec.1, 1997 Texas Session Law Service 713 (Vernon) (to be codified at Texas Utility Code Annotated, sec.sec.11.001- 63.063) (PURA). The joint application has been designated Docket Number 17894. The joint application and the underlying interconnection agreement are available for public inspection at the commission's offices in Austin, Texas. The FTA authorizes the commission to review and approve any interconnection agreement adopted by negotiation of the parties. Pursuant to FTA sec.252(e)(2) the commission may reject any agreement if it finds that the agreement discriminates against a telecommunications carrier not a party to the agreement, or that implementation of the agreement, or any portion thereof, is not consistent with the public interest, convenience, and necessity. Additionally, under FTA sec.252(e)(3), the commission may establish or enforce other requirements of state law in its review of the agreement, including requiring compliance with intrastate telecommunications service quality standards or requirements. The commission must act to approve the agreement within 90 days after it is submitted by the parties. The parties have requested expedited review of this application. The commission finds that additional public comment should be allowed before the commission issues a final decision approving or rejecting the interconnection agreement. Any interested person may file written comments on the joint application by filing 13 copies of the comments with the commission's filing clerk. Additionally, a copy of the comments should be served on each of the Applicants. The comments should specifically refer to Docket Number 17894. 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 October 17, 1997, and shall include: 1) a detailed statement of the person's interests in the agreement, including a description of how approval of the agreement may adversely affect those interests; 2) specific allegations that the agreement, or some portion thereof: a) discriminates against a telecommunications carrier that is not a party to the agreement; or b) is not consistent with the public interest, convenience, and necessity; or c) is not consistent with other requirements of state law; and 3) the specific facts upon which the allegations are based. After reviewing any comments, the commission will determine whether to conduct further proceedings concerning the joint application. The commission shall have the authority given to a presiding officer pursuant to P.U.C. Procedural Rule sec.22.202. The commission may identify issues raised by the joint application and comments and establish a schedule for addressing those issues, including the submission of evidence by the Applicants, if necessary, and briefing and oral argument. The commission may conduct a public hearing. Interested persons who file comments are not entitled to participate as intervenors in the public hearing. Persons with questions about this docket or who wish to comment on the application should contact the Public Utility Commission of Texas, 1701 North Congress Avenue, P. O. Box 13326, Austin, Texas 78711-3326. You may call the Public Utility Commission Office of Customer Protection at (512) 936-7120. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Docket Number 17894. Issued in Austin, Texas, on September 5, 1997. TRD-9711748 Rhonda Dempsey Rules Coordinator Public Utility Commission of Texas Filed: September 5, 1997 On August 26, 1997, Southwestern Bell Telephone Company (SWBT) and Dial Tone USA, Inc. (DT, USA) collectively referred to as Applicants, filed a joint application for approval of an interconnection agreement under the federal Telecommunications Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered sections of 15 and 47 United States Code) (FTA) and the Public Utility Regulatory Act, 75th Legislature, R.S. Chapter 166, sec.1, 1997 Texas Session Law Service 713 (Vernon) (to be codified at Texas Utility Code Annotated, sec.sec.11.001- 63.063) (PURA). The joint application has been designated Docket Number 17895. The joint application and the underlying interconnection agreement are available for public inspection at the commission's offices in Austin, Texas. The FTA authorizes the commission to review and approve any interconnection agreement adopted by negotiation of the parties. Pursuant to FTA sec.252(e)(2) the commission may reject any agreement if it finds that the agreement discriminates against a telecommunications carrier not a party to the agreement, or that implementation of the agreement, or any portion thereof, is not consistent with the public interest, convenience, and necessity. Additionally, under FTA sec.252(e)(3), the commission may establish or enforce other requirements of state law in its review of the agreement, including requiring compliance with intrastate telecommunications service quality standards or requirements. The commission must act to approve the agreement within 90 days after it is submitted by the parties. The parties have requested expedited review of this application. The commission finds that additional public comment should be allowed before the commission issues a final decision approving or rejecting the interconnection agreement. Any interested person may file written comments on the joint application by filing 13 copies of the comments with the commission's filing clerk. Additionally, a copy of the comments should be served on each of the Applicants. The comments should specifically refer to Docket Number 17895. 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 October 17, 1997, and shall include: 1) a detailed statement of the person's interests in the agreement, including a description of how approval of the agreement may adversely affect those interests; 2) specific allegations that the agreement, or some portion thereof: a) discriminates against a telecommunications carrier that is not a party to the agreement; or b) is not consistent with the public interest, convenience, and necessity; or c) is not consistent with other requirements of state law; and 3) the specific facts upon which the allegations are based. After reviewing any comments, the commission will determine whether to conduct further proceedings concerning the joint application. The commission shall have the authority given to a presiding officer pursuant to P.U.C. Procedural Rule sec.22.202. The commission may identify issues raised by the joint application and comments and establish a schedule for addressing those issues, including the submission of evidence by the Applicants, if necessary, and briefing and oral argument. The commission may conduct a public hearing. Interested persons who file comments are not entitled to participate as intervenors in the public hearing. Persons with questions about this docket or who wish to comment on the application should contact the Public Utility Commission of Texas, 1701 North Congress Avenue, P. O. Box 13326, Austin, Texas 78711-3326. You may call the Public Utility Commission Office of Customer Protection at (512) 936-7120. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Docket Number 17895. Issued in Austin, Texas, on September 5, 1997. TRD-9711747 Rhonda Dempsey Rules Coordinator Public Utility Commission of Texas Filed: September 5, 1997 On August 26, 1997, GTE Communications Corporation (GTE-Com) and GTE Southwest, Inc. (GTE-SW) collectively referred to as Applicants, filed a joint application for approval of an interconnection agreement under the federal Telecommunications Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered sections of 15 and 47 United States Code) (FTA) and the Public Utility Regulatory Act, 75th Legislature, R.S. Chapter 166, sec.1, 1997 Texas Session Law Service 713 (Vernon) (to be codified at Texas Utility Code Annotated, sec.sec.11.001- 63.063) (PURA). The joint application has been designated Docket Number 17898. The joint application and the underlying interconnection agreement are available for public inspection at the commission's offices in Austin, Texas. The FTA authorizes the commission to review and approve any interconnection agreement adopted by negotiation of the parties. Pursuant to FTA sec.252(e)(2) the commission may reject any agreement if it finds that the agreement discriminates against a telecommunications carrier not a party to the agreement, or that implementation of the agreement, or any portion thereof, is not consistent with the public interest, convenience, and necessity. Additionally, under FTA sec.252(e)(3), the commission may establish or enforce other requirements of state law in its review of the agreement, including requiring compliance with intrastate telecommunications service quality standards or requirements. The commission must act to approve the agreement within 90 days after it is submitted by the parties. The parties have requested expedited review of this application. The commission finds that additional public comment should be allowed before the commission issues a final decision approving or rejecting the interconnection agreement. Any interested person may file written comments on the joint application by filing 13 copies of the comments with the commission's filing clerk. Additionally, a copy of the comments should be served on each of the Applicants. The comments should specifically refer to Docket Number 17898. 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 October 17, 1997, and shall include: 1) a detailed statement of the person's interests in the agreement, including a description of how approval of the agreement may adversely affect those interests; 2) specific allegations that the agreement, or some portion thereof: a) discriminates against a telecommunications carrier that is not a party to the agreement; or b) is not consistent with the public interest, convenience, and necessity; or c) is not consistent with other requirements of state law; and 3) the specific facts upon which the allegations are based. After reviewing any comments, the commission will determine whether to conduct further proceedings concerning the joint application. The commission shall have the authority given to a presiding officer pursuant to P.U.C. Procedural Rule sec.22.202. The commission may identify issues raised by the joint application and comments and establish a schedule for addressing those issues, including the submission of evidence by the Applicants, if necessary, and briefing and oral argument. The commission may conduct a public hearing. Interested persons who file comments are not entitled to participate as intervenors in the public hearing. Persons with questions about this docket or who wish to comment on the application should contact the Public Utility Commission of Texas, 1701 North Congress Avenue, P. O. Box 13326, Austin, Texas 78711-3326. You may call the Public Utility Commission Office of Customer Protection at (512) 936-7120. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Docket Number 17898. Issued in Austin, Texas, on September 5, 1997. TRD-9711746 Rhonda Dempsey Rules Coordinator Public Utility Commission of Texas Filed: September 5, 1997 On August 27, 1997, Southwestern Bell Telephone Company (SWBT) and Lone Star Communications (LSC) collectively referred to as Applicants, filed a joint application for approval of an interconnection agreement under the federal Telecommunications Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered sections of 15 and 47 United States Code) (FTA) and the Public Utility Regulatory Act, 75th Legislature, R.S. Chapter 166, sec.1, 1997 Texas Session Law Service 713 (Vernon) (to be codified at Texas Utility Code Annotated, sec.sec.11.001- 63.063) (PURA). The joint application has been designated Docket Number 17900. The joint application and the underlying interconnection agreement are available for public inspection at the commission's offices in Austin, Texas. The FTA authorizes the commission to review and approve any interconnection agreement adopted by negotiation of the parties. Pursuant to FTA sec.252(e)(2) the commission may reject any agreement if it finds that the agreement discriminates against a telecommunications carrier not a party to the agreement, or that implementation of the agreement, or any portion thereof, is not consistent with the public interest, convenience, and necessity. Additionally, under FTA sec.252(e)(3), the commission may establish or enforce other requirements of state law in its review of the agreement, including requiring compliance with intrastate telecommunications service quality standards or requirements. The commission must act to approve the agreement within 90 days after it is submitted by the parties. The parties have requested expedited review of this application. The commission finds that additional public comment should be allowed before the commission issues a final decision approving or rejecting the interconnection agreement. Any interested person may file written comments on the joint application by filing 13 copies of the comments with the commission's filing clerk. Additionally, a copy of the comments should be served on each of the Applicants. The comments should specifically refer to Docket Number 17900. 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 October 17, 1997, and shall include: 1) a detailed statement of the person's interests in the agreement, including a description of how approval of the agreement may adversely affect those interests; 2) specific allegations that the agreement, or some portion thereof: a) discriminates against a telecommunications carrier that is not a party to the agreement; or b) is not consistent with the public interest, convenience, and necessity; or c) is not consistent with other requirements of state law; and 3) the specific facts upon which the allegations are based. After reviewing any comments, the commission will determine whether to conduct further proceedings concerning the joint application. The commission shall have the authority given to a presiding officer pursuant to P.U.C. Procedural Rule sec.22.202. The commission may identify issues raised by the joint application and comments and establish a schedule for addressing those issues, including the submission of evidence by the Applicants, if necessary, and briefing and oral argument. The commission may conduct a public hearing. Interested persons who file comments are not entitled to participate as intervenors in the public hearing. Persons with questions about this docket or who wish to comment on the application should contact the Public Utility Commission of Texas, 1701 North Congress Avenue, P. O. Box 13326, Austin, Texas 78711-3326. You may call the Public Utility Commission Office of Customer Protection at (512) 936-7120. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Docket Number 17900. Issued in Austin, Texas, on September 5, 1997. TRD-9711745 Rhonda Dempsey Rules Coordinator Public Utility Commission of Texas Filed: September 5, 1997 Stephen F. Austin State University Follow-up Notice on Consulting Services Contract Pursuant to Texas Government Code, Chapter 2254, Stephen F. Austin State niversity provides the following information for publication in the Texas Register: 1. The capital fund-raising campaign contract was awarded to Cargill Associates, pursuant to Texas Government Code, Chapter 2254. 2. Notice of the request for proposals was published in the July 18, 1997 edition of the Texas Register (Volume 22, Number 53, Page 6794). 3. The private consultant will design and direct the University's fund-raising campaign. 4. The total value of the contract is $376,000. The contract dated August 28, 1997 will terminate March 31, 2003. 5. The private consultant is Cargill Associates, Inc., 4701 Altamesa Boulevard, Fort Worth, Texas. 6. The consultant will design and direct a fund-raising campaign among Stephen F. Austin State University constituents, provide a campaign consultant, assist in the preparation of promotional materials, produce plans, job descriptions, calendars, agenda, letters, and support materials, and direct prospect selection and evaluation, leadership selection and enlistment, volunteer training, solicitation, reporting and development of records, and develop a follow-up program to collect pledged contributions. Issued in Austin, Texas, on September 2, 1997. TRD-9711596 R. Yvette Clark General Counsel Stephen F. Austin State University Filed: September 3, 1997 Pursuant of Chapter 2254, Government Code, Stephen F. Austin State University (SFASU) requests proposals from qualified firms to conduct a study to determine the potential enrollment effects resulting from increased academic admissions requirements for first-semester freshmen at SFASU. The firm hired will conduct the study and report its findings to SFASU. SFASU will select the consultant based on demonstrated competence, knowledge, qualifications, and reasonableness of the proposed fee; additionally, if other considerations are equal, preference will be given to a consultant whose principal place of business is in Texas or who will manage the contract wholly from an office in Texas. Firms interested in responding to this request for proposals may obtain information by contacting Dr. Dan Angel, President, Stephen F. Austin State University, P. O. Box 6078, Nacogdoches, TX 75962. Telephone (409) 468-2201. Fax (409) 468-2202. Proposals must be received no later than 2:00 p.m., October 31, 1997. Issued in Austin, Texas, on September 5, 1997. TRD-9711796 Roland Smith Vice President for Business Affairs Stephen F. Austin State University Filed: September 5, 1997 Notice of Availability of Consulting Services Proposals Pursuant of Chapter 2254, Government Code, Stephen F. Austin State University (SFASU) requests proposals from qualified firms to conduct a study of options for University student housing at SFASU. The firm hired will conduct the study and report its findings to SFASU. SFASU will select the consultant based on demonstrated competence, knowledge, qualifications, and reasonableness of the proposed fee; additionally, if other considerations are equal, preference will be given to a consultant whose principal place of business is in Texas or who will manage the contract wholly from an office in Texas. Firms interested in responding to this request for proposals may obtain information by contacting Dr. Dan Angel, President, Stephen F. Austin State University, P. O. Box 6078, Nacogdoches, TX 75962. Telephone (409) 468-2201. Fax (409) 468-2202. Proposals must be received no later than 2:00 p.m., October 31, 1997. Issued in Austin, Texas, on September 5, 1997. TRD-9711797 Roland Smith Vice President for Business Affairs Stephen F. Austin State University Filed: September 5, 1997 Notice of Cancellation of Consulting Services Proposal Purpose: Stephen F. Austin State University (SFASU) is canceling the request for proposals from qualified firms to provide construction management services for certain renovation projects, pursuant to Chapter 2254, Government Code. The consulting service notice was filed on July 2, 1997 and appeared in the July 15, 1997 publication of the Texas Register. The projects involved included: Forestry Buildings, Austin Building - second floor, restrooms - various, and window installations - various. SFASU intends to seek competitive sealed proposals for a construction manager at-risk on the projects listed in this notice pursuant to Chapter 51 of the Education Code as amended by SB583. Qualified firms wishing to bid should request further information from John D. Rulfs, Assistant Director of Physical Plant, SFASU, P. O. Box 13031, SFA Station, Nacogdoches, TX, 75962, phone (409) 468-4341 or fax (409) 468-4446. Bid proposals will be due by 3:00 p.m., September 17, 1997. Description: SFASU is seeking a Construction Manager At-Risk for specified projects pursuant to competitive sealed bid proposals as outlined in SB583, rather than a Construction Manager Consultant for which notice had been published pursuant to Chapter 2254 of the Government Code. The notice for said consulting services filed on July 2, 1997 is hereby rescinded. Contact: Requests for information concerning this matter should be addressed to Mr. John D. Rulfs, Assistant Director of Physical Plant at the address provided above. Issued in Austin, Texas, on September 5, 1997. TRD-9711724 Roland Smith Vice President for Business Affairs Stephen F. Austin State University Filed: September 5, 1997 Board of Regents The Texas A&M University System Request for Information: Texas Intellectual Property Practitioners The Texas A&M University System is soliciting responses to a Request for Information (RFI), to prequalify firms to provide patent and other intellectual property legal services to The System. Services shall be rendered during the biennium, September 1, 1997 - August 31, 1999. To obtain a copy of the RFI, please forward a written request to Charlotte E. Ferrate-Atomanczyk, Program Coordinator, TAMUS Technology Licensing Office, 310 WERC Building, College Station, Texas 77843-3369, (409) 847-8682; (fax) (409) 845-1402. All written requests should be postmarked by September 26, 1997. Issued in Austin, Texas, on September 2, 1997. TRD-9711568 Vickie Burt Executive Secretary to the Board Board of Regents The Texas A&M University System Filed: September 2, 1997 Telecommunications Infrastructure Fund Board Telecommunications Infrastructure Fund Board Internet Connectivity Grants for Public Libraries and Internet Connectivity Grants for K-12 Public Schools The Telecommunications Infrastructure Fund Board announces the availability of fund for two separate Requests for Proposals. The first, for which certain public libraries will be eligible, will make available $7.7 million in funds. The second, for which certain public school districts will be eligible, will make available $101 million in funds. Copies of the Request for Proposals and Application Packet for each offering may be obtained by sending a regular or certified letter requesting a copy of the information to TIF at 1000 Red River, Suite E208, Austin, Texas 78701-2698, or by accessing the TIF homepage at http://www.tifb.state.tx.us, or by calling TIF at (512) 469-3070 or the TIF Help Desk at 1-888-533-8432. Issued in Austin, Texas, on September 5, 1997. TRD-9711723 Rhonda Hill Director of Finance and Administration Telecommunications Infrastructure Fund Board Filed: September 5, 1997 Texas Department of Transportation Request for Proposals The Airport Sponsors listed below, through their agent, the Texas Department of Transportation (TxDOT) intend to engage aviation engineering consultants pursuant to Chapter 2254, Subchapter A, of the Government Code. TxDOT will solicit and receive proposals for professional services as described in the project scopes for the following projects: Airport Sponsor: City of Lancaster TxDOT CSJ No. 9842LNCAS; Project Scope: Airport Master Plan; Estimated total project cost: $100,000; Project Manager: Bruce Ehly. Airport Sponsor: City of Decatur; TxDOT CSJ No. 9842DECTR; Project Scope: Airport Action Plan; Estimated total project cost: $30,000.00; Project Manager: Sandra Gaither Airport Sponsor: City of Liberty; TxDOT CSJ No. 9842LBRTY; Project Scope: Airport Action Plan; Estimated total project cost: $30,000.00; Project Manager: Jim Cummins Airport Sponsor: City of McGregor; TxDOT CSJ No. 9842MCGREG; Project Scope: Airport Master Plan; Estimated total project cost: $70,000.00; Project Manager: Michelle Hannah. Airport Sponsor: City of Terrell; TxDOT CSJ No.9842TEREL; Project Scope: Airport Action Plan; Estimated total project cost: $30,000.00; Project Manager: Bruce Ehly. The Proposal(s) Shall Include: 1. Firm name, address, phone number and person to contact regarding the proposal. 2. Proposed project management structure identifying key personnel and subconsultants (if any). 3. Qualifications and recent experience of the firm, key personnel and subconsultants relative to the performance of similar services for FAA or TxDOT Aviation projects. 4. Proposed project schedule, including major tasks and target completion dates. 5. Technical approach - a detailed discussion of the tasks or steps to accomplish the project. 6. List of in-state references including the name, address, and phone number of the person most closely associated with the firm's prior project performance. 7. Statement regarding an Affirmative Action Program. 8. Certification that all franchise taxes are paid or that consultant is not subject to franchise taxes. 9. Certification of Child Support payments as required by Family Code, sec.231.006. Forms are available by calling TxDOT, Aviation Division, Grant Management Section, at (512) 416-4520 or 1-800-68- PILOT. Interested consultants should submit five copies of brief proposals, consisting of the minimum number of pages sufficient to provide necessary information for each individual project to: Texas Department of Transportation, Aviation Division, Attention: Grant Management. Mailing address: TxDOT, 125 E. 11th Street, Austin, Texas 78701-2483, overnight delivery address: TxDOT 200 E. Riverside Drive, Austin, Texas 78704; hand delivery address: 150 E. Riverside Drive, 2nd Floor, North Tower, Austin, Texas 78704. Proposals must be received in this office by 4:00 p.m.(CST), October 3, 1997. The airport sponsor(s) duly appointed committee will review all proposals, and may select three to five engineering firms for interviews. The final consultant selection by the sponsor's committee will be made following the completion of the review of proposals and/or interviews. Procedures for award will be in accordance with FAA Advisory Circular AC 150/5100-14B. The airport sponsor reserves the right to reject any or all proposals, and to conduct new consulting engineer selection procedures for future projects. If there are any questions, please contact Karon Wiedemann, Director, Grant Management, Aviation Division, Texas Department of Transportation, or the Aviation Division project manager, Aviation Division, Texas Department of Transportation, (512) 476-9262 or 1-800-68-PILOT. Issued in Austin, Texas, on September 8, 1997. TRD-9711815 Robert E. Shaddock General Counsel Texas Department of Transportation Filed: September 8, 1997 Notice of Invitation: Pursuant to Texas Government Code, Chapter 2254, Subchapter B, the Texas Department of Transportation (TxDOT) intends to engage a private consultant to conduct an Austin-San Antonio Corridor Major Investment/Commuter Rail Feasibility Study. One purpose of the study is to identify, evaluate, and recommend a locally preferred transportation system that offers a near future alternative to the automobile for intercity travel in the congested and fast growing IH-35 corridor linking Georgetown, Round Rock, Austin, San Marcos, New Braunfels, and San Antonio, Texas. An identified alternative should increase overall personal mobility, reduce traffic congestion and improve safety, reduce air pollution and energy consumption, and encourage economic and residential development that is environmentally sensitive and fiscally responsible. Alternatives to be examined by the consultant will include a no-build option, the feasibility of building a commuter/passenger rail system in the corridor, express buses, travel demand management and transportation systems management systems, and the building of additional lanes on IH-35. The study's primary purpose is to determine the administrative, operational, and financial feasibility of a commuter/regional passenger rail operation within the IH-35 corridor, including estimating the potential demand for commuter rail service in the corridor, determining the current magnitude of rail freight business and the compatibility of commuter rail operations with existing freight train operations, and preparing preliminary passenger rail operating plans, costs, and revenues for a range of levels of service. The consultant will be responsible for developing a set of appropriate evaluation criteria by which the alternatives will be compared and the locally preferred alternative selected. The consultant will also be responsible for reviewing and distilling existing studies, reports, and findings relating to this major investment study (MIS), preparing a public involvement plan to provide the public with an explanation of the commuter rail feasibility/MIS process and opportunities to be actively involved in the planning process, and recommending alternative financing methods for the locally preferred alternative. Agency Contact: The complete Request for Proposals may be obtained by contacting Ed Kasparik, Project Manager, Multimodal Operations Office, 125 East 11th Street, Austin, Texas 78701. Phone: 512/416-2341; FAX: 512/416-2348; E-mail: ekaspari@mailgw.dot.state.tx.us. Closing Date: Proposals may be mailed to the above address or hand delivered to 200 E. Riverside Drive, Austin, Texas, 78704. To be accepted, proposals must be received at either location on or before 5:00 p.m. CST on October 17, 1997. Proposals received after that date and time will not be considered. Selection Criteria: Proposals received will be evaluated based on the following criteria (with relative weights indicated): 1. The ability of the proposed methodology, elaboration, management plan and schedule to best satisfy the study purpose and scope of services - 40%. 2. Qualifications and relevant experience of the Proposer's project manager - 20%. 3. Qualifications and relevant experience of the Proposer's key personnel to be assigned to the study - 15%. 4. Demonstrated knowledge of the study area - 15%. 5. Reasonableness of fee and related costs - 10%. Proposals will be evaluated by a multi-agency consultant selection committee, which will make a recommendation for award to the department. The Texas Department of Transportation may approve the recommendation and has final authority to select the consultant and enter into a contract. Issued in Austin, Texas, on September 8, 1997. TRD-9711814 Robert E. Shaddock General Counsel Texas Department of Transportation Filed: September 8, 1997 Request for Qualifications The Airport Sponsors listed below, through their agent, the Texas Department of Transportation (TxDOT), intend to engage aviation engineering consultants pursuant to Chapter 2254, Subchapter A, of the Government Code. TxDOT will solicit and receive qualifications for professional services as described in the project scope for the following projects: Airport Sponsor: City of Brady; TxDOT Contract No. 8XXFA012; Project Scope: Prepare an Airport Layout Plan; repair and overlay Runway 17-35; construct turnarounds Runway 17-35; stripe and mark Runway 17-35; reconstruct apron; rehabilitate taxiway to Runway 17-35; replace low intensity runway lights with medium intensity runway lights; reconstruct T-hangar apron; install segmented circle; improve drainage; install erosion/sedimentation controls at Curtis Field, Brady, Texas. Estimated total project cost: $1,250,000; Project Manager: Bijan Jamalabad. Airport Sponsor: City of Clarksville and County of Red River; TxDOT Contract No. 8XXFA013; Project Scope: Prepare an Airport Layout Plan; rehabilitate Runway 17- 35; stripe and mark Runway 17-35; construct hangar access taxiway; reconstruct hangar access taxiway; rehabilitate stub taxiway; rehabilitate apron; replace rotating beacon and tower; upgrade runway signage and lighting at the Clarksville-Red River County Airport; Estimated total project cost: $320,000; Project Manager: John Wepryk. Airport Sponsor: County of Cochran; TxDOT Contract No. 8XXFA014; Project Scope: Prepare an Airport Layout Plan; reconstruct Runway 4-22; widen Runway 4-22; overlay Runway 4-22; grade primary surface Runway 4-22; stripe and mark Runway 4-22; rehabilitate Runway 17-35; stripe and mark Runway 17-35; rehabilitate and mark stub taxiway to Runway 4-22; rehabilitate and mark stub taxiway to Runway 17-35; rehabilitate apron; replace low intensity runway lights with medium intensity runway lights Runway 4-22; install lighted windcone; install segmented circle; install rotating beacon and tower; install erosion/sedimentation controls at the Cochran County Airport; Estimated total project cost: $700,000; Project Manager: Bijan Jamalabad. Airport Sponsor: City of Eastland; TxDOT Contract No. 8XXFA017 Project Scope: Prepare an Airport Layout Plan; reconstruct Runway 17-35 south; overlay Runway 17-35; stripe and mark Runway 17-35; reconstruct and enlarge turnarounds Runway 17-35; reconstruct and mark stub taxiway; reconstruct apron; replace low intensity runway lights with medium intensity runway lights Runway 17-35; install lighted windcone; replace rotating beacon and tower; correct drainage; install fencing; clear and grub trees in primary surface east side; install erosion/sedimentation controls at the Eastland Municipal Airport; Estimated total project cost: $1,240,000.00; Project Manager: Bijan Jamalabad. Airport Sponsor: County of Fisher TxDOT Contract No. 8XXFA018 Project Scope: Prepare an Airport Layout Plan; reconstruct Runway 16-34; stripe and mark Runway 16-34; reconstruct and enlarge turnarounds; reconstruct and mark stub taxiway and apron; rehabilitate hangar access taxiways; rehabilitate apron; replace existing segmented circle; improve drainage at the Fisher County Airport. Estimated total project cost: $560,000; Project Manager: Bijan Jamalabad. Airport Sponsor: City of Haskell; TxDOT Contract No. 8XXFA019; Project Scope: Prepare an Airport Layout Plan; rehabilitate Runway 18-36; stripe and mark Runway 18-36; reconstruct turnaround Runway 18 end; reconstruct and widen taxiway; rehabilitate stub taxiway; reconstruct and mark T-hangar access taxiways; reconstruct apron; replace threshold lights Runway 18-36; replace rotating beacon; install erosion/sedimentation controls at the Haskell Municipal Airport; Estimated total project cost: $640,000 Project Manager: Bijan Jamalabad. Airport Sponsor: City of Hondo; TxDOT Contract No. 8XXFA020; Project Scope: Prepare an Airport Layout Plan; clean, repair, and seal PCC joints on apron; replace low intensity runway lights with medium intensity runway lights Runway 17L-35R; install taxiway centerline reflectors; replace rotating beacon and tower; install lighted windcone; install segmented circle; install taxiway signage at the Hondo Municipal Airport; Estimated total project cost: $750,000; Project Manager: Alan Schmidt. Airport Sponsor: City of Lamesa & County of Dawson; TxDOT Contract No. 8XXFA022 Project Scope: Prepare an Airport Layout Plan; rehabilitate Runway 16-34; stripe and mark Runway 16-34; rehabilitate parallel taxiway to Runway 16-34; replace visual approach slope indicator with precision approach path indicator Runway 16-34; reconstruct apron; rehabilitate apron; rehabilitate Runway 7-25; stripe and mark Runway 7-25; rehabilitate parallel taxiway to Runway 7-25; reconstruct and rehabilitate hangar access taxiway; replace rotating beacon and tower at the Lamesa Municipal Airport; Estimated total project cost: $940,000; Project Manager: Bijan Jamalabad. Airport Sponsor: City of Lampasas; TxDOT Contract No. 8XXFA013; Project Scope: Construct partial parallel taxiway; reconstruct and widen stub taxiway; reconstruct and widen north hangar access taxiway; rehabilitate north hangar access taxiway; reconstruct apron; expand apron; construct temporary taxiway; install deer-proof fencing; preparation of an Exhibit "A" at the Lampasas Municipal Airport; Estimated total project cost: $900,000; Project Manager: Bijan Jamalabad. Note: This project is a continuation of a project currently under design. Selection for this project will be made from Form 439. Airport Sponsor: City of McGregor; TxDOT Contract No. 8XXFA015. Project Scope: Rehabilitate Runway 17-35; stripe and mark Runway 17-35; rehabilitate and mark parallel taxiway to Runway 17; rehabilitate and mark parallel taxiway to Runway 35; install taxiway centerline reflectors; pave apron from fuel pump to taxiway; improve drainage east of Runway 17 at the McGregor Municipal Airport; Estimated total project cost: $410,000; Project Manager: Alan Schmidt. Airport Sponsor: City of New Braunfels; TxDOT Contract No. 8XXFA026; Project Scope: Construct new terminal building for the New Braunfels' Municipal Airport; Estimated total project cost: $440,000; Project Manager: John Greer. Airport Sponsor: City of Olney; TxDOT Contract No. 8XXFA027; Project Scope: Prepare an Airport Layout Plan; rehabilitate Runway 17-35; stripe and mark Runway 17-35; reconstruct Runway 4-22; rehabilitate Runway 4-22; stripe and mark Runway 4-22; rehabilitate and mark parallel taxiways to Runway 17-35 and Runway 4-22; reconstruct T-hangar access taxiway; install taxiway centerline reflectors; rehabilitate terminal apron; clean and seal concrete apron joints at the Olney Municipal Airport; Estimated total project cost: $1,250,000; Project Manager: Alan Schmdit. Airport Sponsor: City of Stephenville; TxDOT Contract No. 8XXFA028; Project Scope: Prepare an Airport Layout Plan; reconstruct Runway 14-32; stripe and mark Runway 14-32; reconstruct taxiway from apron to Runway 14; rehabilitate taxiway from apron to Runway 32; widen Runway 14-32; rehabilitate apron access and cross taxiway; rehabilitate apron areas; rehabilitate west T-hangar access taxiway; relocate medium intensity runway lights Runway 14-32; relocate fence at Clark Field Municipal Airport, Stephenville, Texas; Estimated total project cost: $1,090,000; Project Manager: Alan Schmidt. Interested firms which do not already have a copy of the Form 439, entitled "Aviation Consultant Services Questionnaire", (August 1995 Version) may request one from TxDOT, Aviation Division, 125 E. 11th Street, Austin, Texas 78701-2483, Phone number, 1-800-68-PILOT. The form is also available on high density 3 1/2" diskette in Microsoft Excel 5.0, and may be ordered from the above address with remittance of $2.50 to cover costs. The form may not be altered in any way, and all printing must be in black. QUALIFICATIONS WILL NOT BE ACCEPTED IN ANY OTHER FORMAT. Three completed unfolded copies of Form 439 (August 1995 version) must be received by 4:00 p.m. (CDT), September 26, 1997, for each project at: Mailing address: TxDOT, 125 E. 11th Street, Austin, Texas 78701-2483, overnight delivery address: TxDOT 200 E. Riverside Drive, Austin, Texas 78704; hand delivery address: 150 E. Riverside Drive, 2nd Floor, North Tower, Austin, Texas 78704. Please utilized the previously listed TxDOT Contract Numbers for the project numbers as requested as on Form 439, item 3. The three pages of instructions should not be forwarded with the completed questionnaires. Electronic facsimiles will not be accepted. The airport sponsor's duly appointed committee will review all professional qualifications and select three to five engineering firms to submit proposals. Those firms selected will be required to provide more detailed, project-specific proposals which address the project team, technical approach, Historically Underutilized Business (HUB) participation, design schedule, and other matters, prior to the final selection process. The final consultant selection by the sponsor's committee will generally be made following the completion of review of proposals and/or interviews. The airport sponsor reserves the right to reject any or all statements of qualifications, and to conduct new consulting engineer selection procedures. If there are any procedural questions, please contact Karon Wiedemann, Director, Grant Management, Aviation Division, Texas Department of Transportation at (512) 416-4520 or 1-800-68-PILOT. Issued in Austin, Texas, on September 8, 1997. TRD-9711816 Robert E. Shaddock General Counsel Texas Department of Transportation Filed: September 8, 1997 The University of Texas System Request for Proposals Management Consulting Services The University of Texas System Administration solicits proposals to contract for management consulting services. PROJECT DESCRIPTION The University is accepting competitive sealed proposals to contract for management consulting services for its self-insured group insurance program in accordance with the terms, conditions and requirements set forth in the Request for Proposal, RFP Number 97-6. This Request for Proposal ("RFP") provides sufficient information for interested parties to prepare and submit proposals for consideration by the University. Respondents are encouraged to propose contractual arrangements offering the maximum benefit to University in terms of (1) total overall cost and (2) project management expertise. Applicability of educational, state and local government, and any other available discounts should be strongly considered. CONTACT Information concerning the proposal may be obtained from Ms. Teresa Burroff, Assistant to the Executive Vice Chancellor for Business Affairs, The University of Texas System Administration, (512) 499-4563. PROCEDURE FOR SELECTION Proposals will be evaluated by The University of Texas System Administration and selection will be based overall upon criteria specified in Section 2.6 of the Request for Proposal dated September 8, 1997. DUE DATE Proposals must be received by The University of Texas System Administration by 5:00 p.m. on Wednesday, October 8, 1997. RESPONDENTS ARE CAUTIONED TO READ THE INFORMATION CONTAINED IN THIS RFP CAREFULLY AND TO SUBMIT A COMPLETE RESPONSE TO ALL REQUIREMENTS AND QUESTIONS AS DIRECTED. Issued in Austin, Texas, on September 8, 1997. TRD-9711853 Arthur H. Dilly Executive Secretary to the Board of Regents The University of Texas System Filed: September 8, 1997 Texas Water Development Board Applications Received Pursuant to the Texas Water Code, sec.6.195, the Texas Water Development Board provides notice of the following applications received by the Board: Mauriceville Special Utility District, P.O. Box 1000, Mauriceville, Texas, 77626, received August 28, 1997, application for additional financial assistance in the amount of $5,205,000 from the Water Quality Enhancement Account and Water Supply Account of the Texas Water Development Fund and reducing the State Water Pollution Control Revolving Fund commitment by $3,570,000 made in January 18, 1996. Greater Texoma Utility Authority-City of Sherman, 511 Airport Drive, Denison, Texas, 75020, received August 11, 1997, application for financial assistance in the total amount of $2,000,000 from the State Water Pollution Control Revolving Fund and the Water Supply Account of the Texas Water Development Fund. City of Alto, 404 West San Antonio, Alto, Texas, 75925, received August 4, 1997, application for financial assistance in the amount of $425,000 from the State Water Pollution Control Revolving Fund. City of Jasper, 465 South Main, Jasper, Texas, 75951, received August 1, 1997, application for financial assistance in the amount of $2,495,000 from the State Water Pollution Control Revolving Fund. City of San Angelo, 72 West College Avenue, San Angelo, Texas, 76903, received August 14, 1997, application for financial assistance in the amount of $2,855,000 from the State Water Pollution Control Revolving Fund. City of Campbell, P.O. Box 27, Campbell, Texas, 75422-0027, received August 7, 1997, application for financial assistance in the amount of $240,000 from the State Water Pollution Control Revolving Fund. Walnut Creek Special Utility District, 1155 Highway 199 West, P.O. Box 657, Springtown, Texas, 76082, received August 1, 1997, application for financial assistance in the amount of $2,705,000 from the Water Supply Account of the Texas Water Development Fund. Additional information concerning this matter may be obtained from Craig D. Pedersen, Executive Administrator, P.O. Box 13231, Austin, Texas, 78711. Issued in Austin, Texas, on September 3, 1997. TRD-9711631 Craig D. Pedersen Executive Administrator Texas Water Development Board Filed: September 3, 1997 Texas Workers' Compensation Commission Invitation to Applicants for Appointment to the Medical Advisory Committee The Texas Workers' Compensation Commission (TWCC) invites all qualified individuals, and representative of public health care facilities and other entities and all current primary and alternate MAC members to apply to fill any of the following positions on the Medical Advisory Committee (MAC) in accordance with the eligibility requirements of the new Standards and Procedures for the Medical Advisory Committee. The purpose and tasks of the MAC are outlined in the Texas Labor Code, sec.413.005, which includes advising the Medical Review Division of TWCC on the development and administration of medical policies and guidelines. The MAC meets, on the average, once every six weeks. MAC members are not reimbursed for travel, per diem, or other expenses associated with the MAC activities and meetings. The members of the MAC are appointed by the six commissioners of TWCC and include health care providers, representatives of employees and employers and members of the general public. Each member must be knowledgeable and qualified regarding work-related injuries and diseases. The complete membership of the MAC includes 16 primary members and 16 alternate members. During the primary member's absence, the alternate member will attend the MAC meetings, subcommittee meetings, and work group meetings to which the primary member is appointed. The alternate may attend all meetings. Alternate members shall fulfill the same responsibilities as primary members, as set out in the Standards and Procedures for the Medical Advisory Committee as adopted by the Commission. The Commission solicits applications for the following positions on the TWCC Medical Advisory Committee: PRIMARY 1. Primary member - Public Health Care Facility 2. Primary member - Dentist 3. Primary member - Podiatrist 4. Primary member - Representative of Employees ALTERNATE 5. Alternate member - Public Health Care Facility 6. Alternate member - Dentist 7. Alternate member - Pharmacist 8. Alternate member - Podiatrist 9. Alternate member - Occupational Therapist 10. Alternate member - Medical Equipment Supplier 11. Alternate member - Representative of Employees 12. Alternate member - General Public 13. Alternate member - General Public Any person or entity interested in serving on the MAC may contact Juanita Salinas in the Commission's Medical Review Division at (512) 707-5888 to obtain an application packet. Issued in Austin, Texas, on September 8, 1997. TRD-9711807 Elaine Crease Program Assistant, General Counsel's Office Texas Worker's Compensation Commensation Filed: September 8, 1997