TITLE in-addition

Texas Commission on Alcohol and Drug Abuse

Correction of Error

The Texas Commission on Alcohol and Drug Abuse adopted new 40 TAC §§143.1, 143.2, 143.11-143.18, 143.21-143.24. The rules appeared in the August 21, 1998, issue of the Texas Register , (23 TexReg 8688).

On page 8689, §143.11(e) was omitted. It reads as follows:

“(e) The commission develops goals and identifies services to be purchased based on its statewide service delivery plan and RAC recommendations for regional services.”


Office of the Attorney General

Agreed Final Judgement and Permanent Injunction

Notice of hereby given by the State of Texas of the following proposed resolution of an environmental enforcement lawsuit under the Texas Solid Waste Disposal Act contained at Chapter 361 of the Texas Health & Safety Code. Before the State may settle a judicial enforcement action, pursuant to Section 7.110 of the Texas Water Code, the State shall permit the public to comment in writing on the proposed judgment. The Attorney General will consider any written comments and may withdraw or withhold consent to the proposed agreed judgment if the comments disclose facts or considerations that indicate that the consent is inappropriate, improper, inadequate, or inconsistent with the requirements of the Act.

Case Title and Court: Harris County, Texas and the State of Texas acting by and through the Texas Natural Resource Conservation Commission v. Otis Williams, Individually and d/b/a Parkway Topsoil, Cause No. 98-10432 in the 190th Judicial District, Harris County, Texas.

Nature of Defendant's Operations: Defendant Otis Williams operates a topsoil business at his property in the 10500 bock of Carter Road Harris County, Texas. Otis Williams has disposed municipal solid waste at this site without authorization from the Texas Natural Resource Conservation Commission. This property is the subject of this litigation and proposed settlement.

Proposed Agreed Judgment: The Agreed Final Judgment and Permanent Injunction contains provisions for injunctive relief and civil penalties. The injunction, among other things, requires removal of municipal solid waste subject to the following provisions:

1. By the date the final judgment is signed, the judgment requires all plywood removed from the south side of the Defendant's property at 10500 Carter Road.

2. By December 31, 1998, the judgment requires removal of all material and rubbish that is not clean wood from his property at 10500 Carter Road.

3. By September 30, 1999, the judgment requires all clean wood material remaining on the property at 10500 Carter Road be ground or chipped so that it has been made into mulch or has begun composting.

4. The Order also prohibits the Defendant from importing any more clean wood material to his site at 10500 Carter Road unless and until all the clean wood material currently on the property at 10500 Carter Road is ground or chipped so that it has been made into mulch or has begun composting.

5. At the time Defendant is permitted to import additional clean wood material to 10500 Carter Road by the judgment, he may not import clean wood material to his site unless he or his employees have equipment on site that is capable of grinding or chipping the material within twenty-four hours of its receipt at the facility unless he has registered his facility with the TNRCC.

The judgment also contains a requirement that the Defendant pay $14,000.00 in civil penalties, attorney fees in the amount of $2,000.00, and all court costs.

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

TRD-9815008

Sarah Shirley

Assistant Attorney General

Office of the Attorney General

Filed: September 23, 1998


Water Code Enforcement Settlement Notice

Notice is hereby given by the Office of the Attorney General of the following proposed agreed final judgment that would finally settle a civil enforcement action initiated under Subchapter C of Chapter 341 of the Water Code and Chapter 7 of the Water Code. Section 7.110 of Chapter 7 of the Water Code provides that before the Commission approves an agreed final judgment that would finally settle a civil enforcement action initiated under the chapter to which the State of Texas is a party or before the court signs a judgment or other agreement settling a judicial enforcement action, other than an enforcement action under Section 113 or 120 or Title II of the federal Clean Air Act, the Attorney General shall permit the public to comment in writing on the proposed judgment. The Attorney General will consider any written comments and may withdraw or withhold consent to the proposed agreed final judgment if the comments disclose facts or considerations that indicate the consent is inappropriate, improper, inadequate, or inconsistent with the requirements of the Chapter 7 of the Water Code.

Case Title and Court: State of Texas v. City of Edcouch, Cause No. 97-10713, in the 261st District Court, Travis County, Texas.

Nature of Defendant's Operations: The City of Edcouch operates a public water system and wastewater treatment facilities in Hildalgo County, Texas. The public water system is located at 310 Adkins St., Edcouch, Texas. The wastewater treatment facilities are approximately 2000 feet east of State Highway 1015 between Mile 17 Road and the Southern Pacific Railroad in Hidalgo County, Texas.

Proposed Agreed Judgment: The proposed Agreed Final Judgment requires the city to make improvements to the public water system as required by a 1996 order issued by the Commission, and construct the proposed water treatment plant expansion. The proposed Agreed Final Judgment also provides for the payment to the State of Texas in the amount of $15,000 in civil penalties, $10,000 in attorney's fees, and a five year injunction relating to safe drinking water standards and Chapter 26 of the Water Code.

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

TRD-9814904

Sarah Shirley

Assistant Attorney General

Office of the Attorney General

Filed: September 21, 1998


Coastal Coordination Council

Notice and Opportunity to Comment on Requests for Consistency Agreement/Concurrence under the Texas Coastal Management Program

On January 10, 1997, the State of Texas received federal approval of the Coastal Management Program (CMP) (62 Federal Register pp. 1439-1440). Under federal law, federal agency activities and actions affecting the Texas coastal zone must be consistent with the CMP goals and policies identified in 31 TAC 501. Requests for federal consistency review were received for the following projects(s) during the period of September 3, 1998, through September 22, 1998:

FEDERAL AGENCY ACTIONS:

Applicant: Texas Eastern Transmission Corporation; Location: The project is located in Pita Island and South Bird Island, Texas in Nueces and Kleberg Counties; Project No. 98-0434-F1; Description of Proposed Action: The applicant proposes to abandon its natural gas pipeline, Line No. 16-1 in Nueces and Kleberg Counties, Texas. Prior to abandoning Line 16-1, Texas Eastern will pig and clean the line, remove all aboveground piping and associated meter stations, cap each end of the line, and fill the pipeline with either fresh water or 50 psi of nitrogen; Type of Application: U.S.C.O.E. permit application under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. 403), and §404 of the Clean Water Act (33 U.S.C.A. §§125-1387).

Applicant: City of Kingsville; Location: The discharge from this municipal wastewater treatment plant is made into Tranquitas Creek thence to San Fernando Creek; thence to Cayo del Grullo; thence to Baffin Bay/Alanza Bay/Cayo del Grullo/Laguna Salada in Segment No. 2492 of the Bays and Estuaries, a water of the United States. The discharge is located on that water at Latitude: 27 degrees 30' 54" N., Longitude: 97 degrees 50' 02" W.; Project No. 98-0435-F1; Description of Proposed Action: The applicant requests issuance of a National pollutant Discharge Elimination System permit to expire June 30, 2000; Type of Application: U.S. Environmental Protection Agency NPDES #TX0023418 under the Clean Water Act (33 U.S.C.A. §§125-1387).

Applicant: City of Houston; Location: The discharge from this municipal wastewater treatment plant is made into HCFCD Ditch D124-00-00; thence to Brays Bayou; thence to the Houston Ship Channel in Segment No. 1007 of the San Jacinto River Basin, a water of the United States classified for industrial water supply and navigation. The discharge is located on that water at Latitude: 29 degrees 42' 22" N., Longitude: 95 degrees 33' 31" W.; Project No. 98-0436-F1; Description of Proposed Action: The applicant requests issuance of a National pollutant Discharge Elimination System permit to expire August 31, 2002; Type of Application: U.S. Environmental Protection Agency NPDES #TX0065307 under the Clean Water Act (33 U.S.C.A. §§125-1387).

Applicant: City of Galveston; Location: The project is located in the Lake Madeline Channel adjacent to the Jones Drive Bridge, in Galveston, Galveston County, Texas; Project No. 98-0437-F1; Description of Proposed Action: The applicant is requesting authorization to mechanically dredge to an elevation of -8 feet mean sea level, the Lake Madeline Channel near the Jones Drive Bridge. Approximately 550 cubic yards of material will be removed by dragline and deposited on an upland disposal site at Galveston Municipal Airport. The purpose of the project is to deepen the existing boat channel that has silted in; Type of Application: U.S.C.O.E. permit application #21418 under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. 403), and §404 of the Clean Water Act (33 U.S.C.A. §§125-1387).

Applicant: Dr. David Randall; Location: The project is located on Offats Bayou at 7004 Avenue O, Galveston County, Galveston, Texas; Project No. 98-0438-F1; Description of Proposed Action: The applicant proposes to construct a concrete sheetpile bulkhead to replace an existing structure. The new bulkhead will be 156.5 feet long and 3 feet high and will be built across the waterfront from property corner to property corner; Type of Application: U.S.C.O.E. permit application #21404 under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. 403), and §404 of the Clean Water Act (33 U.S.C.A. §§125-1387).

Applicant: Bolivar Terminal Company; Location: The project is located on the south bank of the Gulf Intracoastal Waterway about 5 1/2 miles east of Port Bolivar, on Bolivar Peninsula, Galveston County, Texas. The USGS quad reference map is Flake, TX; Project No. 98-0439-F1; Description of Proposed Action: The applicant is requesting a ten-year extension of time to perform maintenance dredging and an amendment to complete new work. The maintenance dredging is authorized until 31 December 2000, an extension until December 31, 2008 is sought; Type of Application: U.S.C.O.E. permit application #13639(03) under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. 403), and §404 of the Clean Water Act (33 U.S.C.A. §§125-1387).

Applicant: Exxon Pipeline Company; Location: The project will begin at Alaminos Canyon in Area Block 25 of the Gulf of Mexico and extend to an existing petroleum facility located on Quintana Beach, approximately 2 miles south of Freeport, Brazoria County, Texas; Project No. 98-0440-F1; Description of Proposed Action: The applicant proposes to install 35.07 miles of 18-inch pipeline and 117.22 miles of 20-inch pipeline, (total 152.3 miles) to serve the Diana/Hoover Deep Draft Caisson Vessel in the Gulf of Mexico; Type of Application: U.S.C.O.E. permit application #21370 under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. 403), and §404 of the Clean Water Act (33 U.S.C.A. §§125-1387).

Applicant: Coastal Crane, Inc.; Location: The project is located in Aransas Bay adjacent to 1802 and 1804 Bayshore Drive, Rockport, Aransas County, Texas; Project No. 98-0441-F1; Description of Proposed Action: The applicant proposes to construct 148-foot concrete bulkhead which will connect to existing bulkheads on both sides of the property. Approximately 300 cubic yards of fill will be placed below the mean high tide line; Type of Application: U.S.C.O.E. permit application #21416 under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. 403), and §404 of the Clean Water Act (33 U.S.C.A. §§125-1387).

Applicant: City of Corpus Christi; Location: The project is located adjacent to OSO Creek in the Schanen Drainage Ditch approximately 1/4 mile downstream from Cedar Pass Drive along Sun Valley Drive in Corpus Christi, Nueces County, Texas; Project No. 98-0442-F1; Description of Proposed Action: The applicant proposes to stabilize and control erosion along approximately 300 linear feet of an existing drainage ditch; Type of Application: U.S.C.O.E. permit application #21374 under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. 403), and §404 of the Clean Water Act (33 U.S.C.A. §§125-1387).

FEDERAL AGENCY ACTIVITIES:

Applicant: Atlantic Swordfish Fishery; Project No. 98-0443-F2; Description of Proposed Activity: Amend the regulations governing the Atlantic Swordfish Fishery to establish annual quotas for the South Atlantic swordfish stock. Additionally, NMFS proposes changes to the quota adjustment procedures.

Applicant: United States Marine Corps; Project No. 98-0444-F2; Description of Proposed Activity: The applicant proposes to construct a United States Marine Corps training facility in Galveston, Texas.

Applicant: Corps - Brays Bayou at Houston; Project No. 98-0445-F2; Description of Proposed Activity: The detention element plan includes channelization and regional detention basins in the upper watershed of Brays Bayou. The proposed plan will require excavation of earthen material during construction of the channel modifications and detention basins. The excavated material will be placed in proposed disturbed upland sites.

Pursuant to §306(d)(14) of the Coastal Zone Management Act of 1972 (16 U.S.C.A. §§1451-1464), as amended, interested parties are invited to submit comments on whether a proposed action should be referred to the Coastal Coordination Council for review and whether the action is or is not consistent with the Texas Coastal Management Program goals and policies. All comments must be received within 30 days of publication of this notice and addressed to Ms. Janet Fatheree, Council Secretary, 1700 North Congress Avenue, Room 617, Austin, Texas 78701-1495.

TRD-9815001

Garry Mauro

Chairman

Coastal Coordination Council

Filed: September 23, 1998


Office of Consumer Credit Commissioner

Notice of Rate Ceilings

The Consumer Credit Commissioner of Texas has ascertained the following rate ceilings by use of the formulas and methods described in Articles 1D.003, 1D.009, and 1E.003, Title 79, Revised Civil Statutes of Texas, as amended (Articles 5069-1D.003, 1D.009, and 1E.003, Vernon's Texas Civil Statutes).

The weekly ceiling as prescribed by Art. 1D.003 and 1D.009 for the period of 09/28/98 - 10/04/98 is 18% for Consumer 1 /Agricultural/Commercial2 /credit thru $250,000.

The weekly ceiling as prescribed by Art. 1D.003 and 1D.009 for the period of 09/28/98 - 10/04/98 is 18% for Commercial over $250,000.

The judgment ceiling as prescribed by Art. 1E.003 for the period of 10/01/98 - 10/31/98 is 10% for Consumer/Agricultural/Commercial/credit thru $250,000.

The judgment ceiling as prescribed by Art. 1E.003 for the period of 10/01/98 - 10/31/98 is 10% for Commercial over $250,000.

1 Credit for personal, family or household use.

2 Credit for business, commercial, investment or other similar purpose.

TRD-9814949

Leslie L. Pettijohn

Commissioner

Office of Consumer Credit Commissioner

Filed: September 22, 1998


Texas Credit Union Department

Application for Incorporation

Notice is given that the following application has been filed with the Texas Credit Union Department and is under consideration:

An application for a new charter was received for Allied Credit Union, Houston, Texas. The proposed new credit union will serve the current and future employees of Allied Mortgage, customers of Allied Mortgage, employees of the credit union, and members of the family of such persons.

Comments or a request for a meeting by any interested party relating to an application must be submitted in writing within 30 days from the date of this publication. Any written comments must provide all information that the interested party wishes the Department to consider in evaluating the application. All information received will be weighed during consideration of the merits of an application. Comments or a request for a meeting should be addressed to the Texas Credit Union Department, 914 East Anderson Lane, Austin, Texas 78752-1699.

TRD-9814997

Harold E. Feeney

Commissioner

Texas Credit Union Department

Filed: September 23, 1998


Texas Education Agency

The Texas Education Agency adopted an amendments to 19 TAC §74.30. The rule appeared in the May 29, 1998, issue of the Texas Register , (23 TexReg 5675).

In §74.30(a)(5), the advanced course names “Biology, Physics, and Chemistry” should be removed.


General Services Commission

Notice of Request for Proposals-Housing Partnership Program

Notice of Request for Proposals (RFP) for the design and implementation of projects which promote the efficient use of energy in low-to-moderate income households. In accordance with Texas Government Code, Section 2305.064 as amended by the 75th Texas Legislature, the State Energy Conservation Office (SECO) of the General Services Commission (GSC) invites proposals from partnerships of non-profit organizations, community action agencies, local governments, utility companies, public housing authorities, social service agencies, and other service related organizations serving low and moderate income individuals and families.

Low-to-moderate income households are defined as households (1) having incomes which are over 125 percent and under 175 percent of the Federal poverty level or (2) having incomes which are between 52 percent and 115 percent of the median income for a given Texas county. The maximum household income is $35,000.

The GSC SECO administers and delivers a variety of energy efficiency programs which significantly impact energy cost and consumption in the institutional, industrial, transportation, and residential sectors. More specifically, these programs provide (1) technical resources to institutionalize energy efficiency, (2) financial assistance in completing energy retrofits, and (3) educational materials to make the public aware of the necessity for an energy efficient society. The GSC SECO has received funding from federal grants and oil overcharge court settlements. These monies have funded a myriad of energy-related programs focusing on energy efficiency.

The Housing Partnership Program (HPP) seeks to promote the efficient use of energy in low-to-moderate income households by establishing partnerships among non-profit organizations, community action agencies, local governments, utility companies, public housing authorities, social service agencies, and other service related organizations serving low and moderate income individuals and families. The HPP objectives may be met through various innovative means, including, but not limited to, training and technical assistance, energy education workshops/seminars, housing retrofits, pilot group studies, upgrades in housing design or code standards, and model demonstration projects. Demonstration projects may be subject to U.S. Department of Energy Demonstration Project Guidelines. The HPP encourages proposals which encompass a holistic view of home energy efficiency. This RFP is not a solicitation for weatherization projects. The proposal scope of work should go beyond that of basic weatherization measures and techniques.

Copies of the RFP: To receive an information package containing the requirements and procedures regarding this RFP, contact Rene Conley, Program Administrator, General Services Commission, State Energy Conservation Office, P.O. Box 13047, Austin, Texas 78711-3047, Phone 512-463-1770, Facsimile 512-305-8855.

Pre-Proposal Conference: All potential proposers are encouraged to attend a pre-proposal conference to be held on Wednesday, October 28, 1998, from 10:30 a.m. until 12:00 p.m. at the General Services Commission State Energy Conservation Office, located at 208 E. 10th Street, Room 212, Austin, Texas. The purpose of the meeting is to answer any questions regarding this RFP, the required format, the selection criteria, or the evaluation process. IT IS NOT MANDATORY TO ATTEND THE PRE-PROPOSAL CONFERENCE.

Written Questions: All questions concerning this RFP that arise after the Pre-Proposal Conference must be submitted in writing to Rene Conley, General Services Commission, State Energy Conservation Office, P.O. Box 13047, Austin, Texas 78711-3047 or transmitted to facsimile number 512-305-8855 by 5:00 p.m. on Friday, November 6, 1998.

Closing Date: Proposals must be postmarked or received by the GSC SECO no later than 12:00 p.m. on Wednesday, November 25, 1998. Proposals received after that time and proposals submitted by facsimile will not be accepted.

Selection Criteria: Proposals will be reviewed by a committee of GSC SECO staff and/or other technical advisors. Proposals will be evaluated based on the following criteria:

1) Demonstrated Experience (15 percent) The proposal should describe the proposal team's relevant experience in (1) working to improve energy efficiency in residential households, (2) working with and delivering services to low-to-moderate income households, and (3) developing, marketing, and implementing residential energy efficiency projects and programs.

2) Knowledge of Energy Efficiency/Energy Conservation Measures (20 percent) The proposal should detail the qualifications, experience, and expertise of the proposal team with regard to energy efficiency and energy conservation measures. The proposal should detail the selection process for the various methods to be used to achieve the goal of greater energy efficiency in low-to-moderate income households.

3) Action Plan (35 percent) The proposal should effectively describe the course of action to be taken in marketing, implementing, monitoring, evaluating and modifying the project to achieve greater energy efficiency in the households of the low-to-moderate income program participants. The proposal should include plans for continuing the energy efficiency efforts beyond the SECO project period and for replicating the project in similar areas, e.g. climatic, demographic, geographic, etc.

4) Ability to Assign Experienced/Qualified Personnel (15 percent) The proposal should clearly state the experience, qualifications, and time commitments of the individuals assigned to this project.

5) Proposed Budget (15 percent) The proposal should include a budget which is reasonable in relation to the services provided. The sources of the dollar-for-dollar or in-kind match contributions should be included along with letters of support, if available.

Equal Opportunity: Any contract resulting from this RFP shall contain provisions prescribed by the GSC SECO prohibiting discrimination in employment.

TRD-9814993

Judy Ponder

General Counsel

General Services Commission

Filed: September 23, 1998


Office of the Governor

Request for Proposals

Pursuant to Subchapter A, Sections 2254.001 et. seq., Texas Government Code, the Governor's Office of Budget and Planning invites professionals with demonstrated competence and qualifications and documented expertise in the field of indirect cost recovery and cost allocation plans for governmental units to submit proposals to prepare and negotiate with the federal government, under the provisions of OMB Circular A-87, the State of Texas' consolidated statewide cost allocation plan for the fiscal year ending August 31, 2000. These consultant services have been provided previously by the consulting firm of David M. Griffith and Associates, Ltd. (DMG). Unless a clearly superior proposal is received from different proposer, the Governor's Office intends to award the contract for the FY2000 plan to DMG, subject to negotiation of a fair and reasonable price.

Proposers will be expected to develop a cost allocation plan that enables eligible state agencies to recover the maximum indirect costs possible from federal programs. The contractor selected will be responsible for all aspects of the plan, including obtaining raw cost and statistical data, identifying allocable costs, preparing and submitting the plan, and negotiating the final plan with the federal government for state agency use during the state fiscal year beginning September 1, 1999. Proposals must include a description of the system to be used to extract allowable costs from central government agencies and for allocating such costs. Contractor may be required to prepare alternative allocation tables using different allocation bases to demonstrate maximum feasible recovery options.

As a component of the cost allocation plan, the contractor selected must also identify the costs of providing statewide support services to each state agency. This component must identify state agencies that use services from state central services agencies (for example, auditing, accounting, centralized purchasing, and legal services) in carrying out their programs and the type and dollar amount of services used. The contractor selected will be responsible for all aspects of this component, including obtaining raw cost and statistical data and identifying allocable costs. Proposals must include a description of the system to be used to extract allowable costs from central government agencies and for allocating such costs.

A complete set of the work papers used to prepare the plan must be kept and provided to the Governor's Office upon request. The contractor is required to provide 25 copies of the summary of fixed costs related to federal cost allocations from the completed plan and 25 copies of the summary of costs related to state cost allocations to other state agencies from the completed plan.

The Governor's Office of Budget and Planning will evaluate each proposal and reserves the right to reject any and all proposals. The state assumes no responsibility for expenses incurred in preparing responses to this solicitation. If selected, the contractor will be chosen on the basis of proposal content, the proposer's demonstrated experience, competence, knowledge and qualifications, and ability to meet the federal filing deadline of February 28, 1999.

A copy of the FY1997 plan may be obtained by contacting Tom Adams, Governor's Office of Budget and Planning, P. O. Box 12428, Austin, Texas 78711 (telephone 512-463-1771, e-mail tadams@governor.state.tx.us).

All proposals must be received at the above address no later than 5:00 p.m., November 6, 1998.

TRD-9814776

Pete Wassdorf

Deputy General Counsel

Office of the Governor

Filed: September 17, 1998


Texas Department of Health

Designation of Mineral Wells Pre-Parole Transfer Facility Clinic as a Site Serving Medically Underserved Populations

The Texas Department of Health (department) is required under Texas Civil Statutes, Article 4495b, §3.06, to designate sites serving medically underserved populations. In addition, the department is required to publish notice of its designations in the Texas Register and to provide an opportunity for public comment on the designations.

Accordingly, the department has designated the following as a site serving medically underserved populations: Mineral Wells Pre-Parole Transfer Facility Clinic located at 759 Heintzelman Road, Mineral Wells, Texas 76067. Designation is based on proven eligibility as a site serving a disproportionate number of clients eligible for federal, state or locally funded health care programs.

Oral and written comments on this designation may be directed to Ann Henry, Bureau of State Health Data and Policy Analysis, Texas Department of Health, 1100 West 49th Street, Austin, Texas 78756, telephone (512) 458-7261. Comments will be accepted for 30 days from the publication date of this notice.

TRD-9814966

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: September 22, 1998


Designation of Saint John Hospital (Point of Light Clinic) as a Site Serving Medically Underserved Populations

The Texas Department of Health (department) is required under Texas Civil Statutes, Article 4495b, §3.06, to designate sites serving medically underserved populations. In addition, the department is required to publish notice of its designations in the Texas Register and to provide an opportunity for public comment on the designations.

Accordingly, the department has designated the following as a site serving medically underserved populations: Saint John Hospital (Point of Light Clinic), 2900 Dickinson Avenue, Dickinson, Texas 77539. Designation is based on proven eligibility as a site serving a disproportionate number of clients eligible for federal, state or locally funded health care programs.

Oral and written comments on this designation may be directed to Ann Henry, Bureau of State Health Data and Policy Analysis, Texas Department of Health, 1100 West 49th Street, Austin, Texas 78756; (512) 458-7261. Comments will be accepted for 30 days from the publication date of this notice.

TRD-9814967

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: September 22, 1998


Notice of Public Hearing

A public hearing regarding the proposed rules establishing a program that allows Emergency Medical Services personnel to become licensed paramedics (25 Texas Administrative Code, Chapter 157) will be held for public comments on Friday, October 9, 1998, at 9:00 a.m., in the Lecture Hall, (K-100), Texas Department of Health, 1100 West 49th Street, Austin, Texas.

Further information concerning the hearing may be obtained from, and questions directed to, Kathy Perkins, Assistant Chief, Bureau of Emergency Management, Texas Department of Health, 8407 Wall Street, Austin, Texas, 78756-3199, Telephone (512) 834-6740.

TRD-9814965

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: September 22, 1998


Notice of Request for Proposals for Medical Transportation Services for Medicaid-eligible Individuals to and from Allowable Medicaid Services

INTRODUCTION: The Texas Department of Health (department) requests proposals for medical transportation services for state fiscal year 1999. Proposals will be reviewed and contracts will be awarded on a competitive basis.

PURPOSE: The purpose of this program is to provide medical transportation services to Medicaid-eligible individuals who do not have any other means of transportation to and from an allowable Medicaid service. The department must ensure that transportation to and from Medicaid allowable medical services is available for all eligible clients in the state. The Medical Transportation Program (MTP) is responsible for providing necessary, nonemergency, ambulatory, and nonambulatory transportation services in a manner that is:

(1) similar in scope and duration for all eligible clients;

(2) consistent with the best interests of clients;

(3) appropriate to available resources, the client's and medical facility's geographic location, and limitations of clients;

(4) reasonably prompt;

(5) safe;

(6) cost-effective; and

(7) administratively efficient.

ELIGIBLE APPLICANTS: Public and private agencies, organizations, boards, educational institutions, and county and municipal governments are eligible to apply.

AVAILABLE FUNDS: Medical transportation funds are provided by both federal and state sources. The amount of state funds allocated to the department is determined by the Texas Legislature. Funds are then allocated among the department's public health regions.

DEADLINE: Proposals prepared according to the instructions in the Request for Proposals (RFP) must be received by the appropriate regional contact person on or before December 28, 1998, 5:00 p.m. central standard time. No facsimiles or electronic documents or devices will be accepted.

EVALUATION AND AWARD CRITERIA: Each proposal will be screened for minimum eligibility and completeness. Proposals which are deemed ineligible or incomplete will not be reviewed. Proposals which arrive after the deadline will not be reviewed. Proposals will be evaluated based upon the following criteria.

(1) client services (hours/days of operation, trip scheduling, accessibility, special needs, and experience);

(2) administration (budget, proposed unit rate(s), service description, communication, complaints and feedback procedures);

(3) vehicles (number per service area, number non-ambulatory per service area, location, condition of vehicles, communication equipment, child car seats, heater and air conditioner);

(4) drivers (number and location of drivers and training); and

(5) bonus points will be assigned for services above and beyond minimum requirements.

FOR A COPY OF THE RFP: The RFP will be available for release on October 5, 1998. To request a copy of the RFP, contact Beverly Ham, Region 01 Manager, Lubbock, Texas, telephone (806) 767-0350.

TRD-9814787

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: September 18, 1998


Texas Department of Housing and Community Affairs

Notice of Administrative Hearing (Docket #332-98-0327)

Legal Division

9:00 a.m., Wednesday, September 30, 1998 through Friday, October 1, 1998

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

Austin, Texas

AGENDA

Administrative Hearing before an administrative law judge of the State Office of Administrative Hearings in the matter of the Texas Department of Housing and Community Affairs v. Dallas County Community Action Committee, Inc. to hear testimony for the purpose of determining that cause exists for termination of its Community Services Block Grant contract.

Contact Ann M. Denman, P.O. Box 13941, Austin, Texas 78711-3941, (512) 475-4752.

TRD-9815005

Daisy S. Stiner

Acting Executive Director

Texas Department of Housing and Community Affairs

Filed: September 23, 1998


Request for Proposals for Technical Assistance Contractors under the HUD Section 8-FHA Multifamily Mortgage Restructuring Program

Summary: The Texas Department of Housing and Community Affairs (TDHCA), through its Housing Finance Division, is accepting proposals from non-profit or for-profit entities to enter into technical assistance contracts to provide services to TDHCA in its role as a Participating Administrative Entity under the federal Section 8-FHA Multifamily Mortgage Restructuring Program (also known as the Mark-to-Market program). Technical Services to be considered may include, but are not limited to review of physical needs assessment reports, property evaluation and feasibility analyses, negotiation of loan terms and structure, and loan closing services. Applicants should be familiar with the Request for Qualifications published by the U.S. Department of Housing and Urban Development on August 17, 1998 in the Federal Register for the Fiscal Year 1999 Multifamily Housing Mortgage and Housing Assistance Restructuring Program.

Deadline for Submission: The deadline for submission in response to the Request for Proposals is 5:00 p.m. Central Standard Time, October 12, 1998. No proposal received after the deadline will be considered.

TDHCA reserves the right to accept or reject any or all proposals submitted. The information contained in this request is intended to serve only as a general description of the services desired by TDHCA, and TDHCA intends to use responses as a basis for further negotiation of specific project details with offers. This request does not commit TDHCA to pay for any costs incurred prior to the execution of a contract and is subject to availability of funds. Issuance of this request in no way obligates TDHCA to award a contract or to pay any costs incurred in the preparation of a response.

Parties interested in submitting a proposal should contact Stephen Apple, Multifamily Loan Analyst, Housing Finance Division, at (512) 475-3357, 507 Sabine, Austin, Texas 78701. Communication with any member of the board of directors, the executive director, or TDHCA staff other than the Housing Finance Division concerning any matter related to this request for proposals is grounds for immediate disqualification.

TRD-9814935

Daisy Stiner

Acting Executive Director

Texas Department of Housing and Community Affairs

Filed: September 21, 1998


Texas Department of Insurance

Notice

The Commissioner of Insurance, or his designee, will consider approval of a rating manual request submitted by the Hochheim Prairie Insurance Group proposing to use a rating manual relative to classifications and territories different than that promulgated by the Commissioner of Insurance pursuant to TEX. INS. CODE ANN. art. 5.101, §3(l). They are proposing a companion policy discount of 5% on certain personal auto policy coverages when the policyholder has a property policy with a company in the Hochheim Prairie Group. The discount is applicable to liability, personal injury protection, medical payments, other than collision, specified causes of loss and collision coverages.

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

This filing is subject to Department approval without a hearing unless a properly filed objection, pursuant to Art. 5.101, §3(h), is made with the Deputy Commissioner, Automobile & Homeowners Group, David Durden, at the Texas Department of Insurance, MC 104-5A, P.O. Box 149104, Austin, Texas 78701 within 30 days after publication of this notice.

TRD-9814929

Bernice Ross

Deputy Chief Clerk

Texas Department of Insurance

Filed: September 21, 1998


Notice of Application by a Small Employer Carrier to be a Risk-Assuming Carrier

Notice is given to the public of the application of the listed small employer carrier to be a risk-assuming carrier under Texas Insurance Code Article 26.52. A small employer carrier is defined by Chapter 26 of the Texas Insurance Code as a health insurance carrier that offers, delivers or issues for delivery, or renews small employer health benefit plans subject to the chapter. A risk-assuming carrier is defined by Chapter 26 of the Texas Insurance Code as a small employer carrier that elects not to participate in the Texas Health Reinsurance System. The following small employer carrier has applied to be a risk-assuming carrier:

PacifiCare Life and Health Insurance Company

The application is subject to public inspection at the offices of the Texas Department of Insurance, Financial Monitoring Unit, 333 Guadalupe, Hobby Tower 3, 3rd Floor, Austin, Texas.

If you wish to comment on this application to be a risk-assuming carrier, you must submit your written comments within 60 days after publication of this notice in the Texas Register to Lynda H. Nesenholtz, Chief Clerk, Mail Code 113-2A, Texas Department of Insurance, P. O. Box 149104, Austin, Texas 78714-9104. An additional copy of the comments must be submitted to Mike Boerner, Managing Actuary, Actuarial Division of the Financial Program, Mail Code 302-3A, Texas Department of Insurance, P. O. Box 149104, Austin, Texas 78714-9104. 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 approve the application to be a risk-assuming carrier.

TRD-9814988

Bernice Ross

Deputy Chief Clerk

Texas Department of Insurance

Filed: September 22, 1998


Lamar University System

Request for Proposals

This request for consulting services is filed under the provisions of Texas Civil Statutes, Article 6252, 11c.

Lamar University of Beaumont, Texas, under the direction of The Texas State University System, Board of Regents, wishes to solicit proposals for the services of an independent third party to review the current job classification program, develop and assist with the design and implementation of a comprehensive job evaluation and compensation program for non-faculty positions excluding senior management.

Lamar University (LU) is a senior public university of 8,200 graduate and undergraduate students, with a workforce exceeding 1,300 individuals at the Beaumont campus.

PURPOSE

The purpose of this RFP is to develop a job evaluation and compensation plan that is both internally equitable and externally competitive while remaining within Lamar's ability to pay. Towards the goal of attracting and retaining a diverse and highly qualified workforce, Lamar desires to compensate employees fairly and at rates consistent with job content, scope, responsibility and other compensable factors.

SCOPE

This project will be inclusive of approximately 240 staff positions which are occupied by 600 employees. Of the 240 positions, 140 are classified staff positions which are typically non-exempt. In addition, 110 exempt, professional, non-faculty positions will be included. Under the guidance of the selected consultant, LU may evaluate other non-faculty positions in-house.

The LU non-faculty evaluation and compensation project for which proposals are being requested must address the essential components of a total compensation program, including but not limited to the following:

Development of a LU compensation philosophy which is linked to LU's mission and strategic plan

Review of the current position classification system and compensation program

Verification, updating and writing of job descriptions where necessary, integrating ADA and other federal and state requirements. Currently, job descriptions are available for all positions, however, consistency may be lacking between departments. Generic job descriptions do not exist.

Development and implementation of a job evaluation system.

Evaluation of positions, assignment of appropriate salary ranges, and development of a pay plan.

Verification, updating and development of guidelines for reclassifications; merit/performance reward programs; and methods for movement within a position's salary range when appropriate. This should include a method of linking the performance evaluation system to movement within the salary range/band.

Development of a plan and guidelines for implementation and maintenance of the recommended program.

Identification of strategies, both short-term and long-term, to achieve a competitive position in the relevant labor markets.

Development of cost estimates to implement the recommended compensation plan.

Development of an effective communication plan and related documents for informing employees and managers regarding the objectives and mechanics of the program.

TO RESPOND

Please contact Annette Payne, Human Resources Officer, Lamar University, P.O. Box 11127, Beaumont, Texas 77710, e-mail address: payneaf@lub002.lamar.edu, or telephone at (409) 880-8375, for more information or to request a proposal specification packet.

DEADLINE FOR PROPOSALS

All proposals will be returned to Brian Hurlbut, Purchasing Department, Lamar University, Plummer Administration Building, Room 120, MLK Parkway @ Virginia Street, Beaumont, Texas 77705. The deadline to return proposals for consulting services is November 4, 1998. Proposals received after 2:00 p.m. on November 4, 1998 will be returned unopened to the proposer.

TRD-9815018

William R. Johnson

Interim President

Lamar University System

Filed: September 23, 1998


Texas State Library and Archives Commission

Nominations for Vacancy on Local Government Records Committee

Notice is hereby given, pursuant to the Texas Government Code, §441.163 for the purpose of accepting nominations for appointment to the Local Government Records Committee.

Nominations will be accepted for 30 days from the date of the publication of this announcement to fill the ten positions on the committee: two of whom represent counties, one of whom must be a county clerk or a district clerk; two of whom represent municipalities; two of whom represent school districts; two of whom represent appraisal districts; and two of whom represent water districts. At least one committee member must be a records management officer who is not also an elected county officer. At least four members must represent either a county with a population of fewer than 10,000 or a municipality or district that does not extend into a county with a population of 10,000 or more.

A nomination for appointment may be made by an organization representing officers or employees of the type to be appointed that has as members at least 50 of those officers or employees. As specified by statute, a nomination made by such an organization shall include a nominee who represents a county with a population of 10,000 or more and a nominee who represents a county with a population of fewer than 10,000 or a municipality or district that does not extend into a county with a population of 10,000 or more. The director and librarian shall appoint a nominee or shall appoint an officer chosen by the director and librarian, if there are no nominees. The director and librarian shall appoint members to give representation to all geographical regions of the state.

All appointments to the committee will be for terms ending February 1, 2001. To remain eligible to serve on the committee, a person must continue to hold the office or position the person was appointed to represent.

Nominations should be sent to Robert S. Martin, Director and Librarian, Texas State Library, P.O. Box 12927, Austin, Texas 78711-2927.

TRD-9814745

Raymond Hitt

Assistant State Librarian

Texas State Library and Archives Commission

Filed: September 16, 1998


Texas Natural Resource Conservation Commission

Correction of Error

The Texas Natural Resource Conservation Commission adopted new to 30 TAC §§90.1, 90.2, 90.10, 90.12, 90.14, 90.16, 90.18, 90.20. The rules appeared in the September 11, 1998, issue of the Texas Register , (23 TexReg 9353).

On pages 9347 and 9353, The effective dates should have been September 20, 1998, instead of September 17, 1998.


The Texas Natural Resource Conservation Commission submitted Adopted Rule Reviews, for the Texas Groundwater Protection Committee, which was published in the September 4, 1998, issue of the Texas Register (23 TexReg 9080).

The preamble in the third paragraph should read:

“The committee concurrently adopts amendments to §§601.2-601.5 in the Adopted Rules section of this issue of the Texas Register . These changes are adopted as a result of the committee's review of the rules, and primarily address the committee's regulatory reform goals.”


Enforcement Orders, Week Ending September 16, 1998

An agreed order was entered regarding RICHARD KEENAN DBA K & B WATERWORKS, Docket No. 96-1614-PWS-E; PWS No. 084018; CCN No. 12084 on August 24, 1998 assessing $9,080 in administrative penalties with $3,680 deferred.

Information concerning any aspect of this order may be obtained by contacting Hodgson Eckel, Staff Attorney at (512)239-2195, or Subhash Jain, Enforcement Coordinator at (512)239-5867, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding FRANK PRASIFKA & SONS, INC., AND HUTCHINS TIRE DISPOSAL, INC., Docket No. 97-0339-MSW-E; MSW Unauthorized Site No. 30798; Enforcement ID No. 2778 on August 24, 1998 assessing $4,320 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Hodgson Eckel, Staff Attorney at (512)239-2195 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 CAROTEX, INC., Docket No. 97-0304-AIR-E; TNRCC ID No. JE-0079-B; Enforcement ID No. 10045 on August 24, 1998 assessing $28,350 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Cecily Small Gooch, Staff Attorney at (512)239-2940 or Sabelyn Pussman, Enforcement Coordinator at (512)239-6061, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding LIFETIME DOORS, INC., Docket No. 97-0481-AIR-E; TNRCC ID No. RI-0010-S; Enforcement ID No. 793 on August 24, 1998 assessing $8,250 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Mary R. Risner, Staff Attorney at (512)239-6224 or Suzanne Walrath, Enforcement Coordinator at (512)239-2134, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding INTERNATIONAL FAMILY MISSIONS (FORMERLY GEORGIA BACA D/B/A HOUSE OF CORNELIUS), Docket No. 96-1959-PWS-E; PWS No. 0710161; Enforcement ID No. 6337 on August 24, 1998 assessing $3,040 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Kara L Salmanson, Staff Attorney at (512)239-1738 or Terry Thompson, Enforcement Coordinator at (512)239-6095, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding MUTAWE & ALBANNA ENTERPRISES, INC. & BERCASEY III, L.P., Docket No. 97-0519-PST-E; TNRCC ID No. 62795; Enforcement ID No. 11448 on August 24, 1998 assessing $20,000 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Cecily Small Gooch, Staff Attorney at (512)239-2940 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 MOBIL OIL CORPORATION, Docket No. 97-0827-AIR-E; Account No. JE-0067-I; Enforcement ID No. 10948 on August 24, 1998 assessing $12,000 in administrative penalties with $2,400 deferred.

Information concerning any aspect of this order may be obtained by contacting Lawrence King, Enforcement Coordinator at (512)239-1405, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding OLIVER SALES COMPANY, Docket No. 98-0242-AIR-E; Account No. DB-4692-E; Enforcement ID No. 12021 on August 24, 1998 assessing $3,600 in administrative penalties with $720 deferred.

Information concerning any aspect of this order may be obtained by contacting Lawrence King, Enforcement Coordinator at (512)239-1405, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding ARTROX, INCORPORATED DBA COUNTRY BOY STORE #1, Docket No. 98-0160-AIR-E; Account No. EE-0967-M; Enforcement ID No. 12159 on August 24, 1998 assessing $750 in administrative penalties with $150 deferred.

Information concerning any aspect of this order may be obtained by contacting Stacey Young, Enforcement Coordinator at (512)239-1899, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding VALERO REFINING COMPANY, Docket No. 97-1033-AIR-E; Account No. NE-0112-G; Enforcement ID No. 11051 on August 24, 1998 assessing $50,000 in administrative penalties.

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

An agreed order was entered regarding TDI HALTER, INCORPORATED, Docket No. 97-0600-AIR-E; Account Nos. JE-0444-A, JE-0500-P, OC-0031-M and JE-0277-S; Enforcement ID Nos. 681, 11744, 11745 and 12450 on August 24, 1998 assessing $85,750 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Cecily Small Gooch, Staff Attorney at (512)239-2940 or Lawrence King, Enforcement Coordinator at (512)239-1405, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding FLAMINGO MOTORS, Docket No. 97-0798-AIR-E; TNRCC ID No. EE1827W; Enforcement ID No. 11787 on August 24, 1998 assessing $500 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Barbara Lazard, Staff Attorney at (512)239-0674 or Sheila Smith, Enforcement Coordinator at (512)239-1670, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding SCOTT EVANS DOING BUSINESS AS AUTO SALES CONNECTION, Docket No. 98-0239-AIR-E; TNRCC Account No. DB-4586-E; Enforcement ID No. 11583 on August 24, 1998 assessing $500 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Bill Jang, Staff Attorney at (512)239-2269 or Tel Croston, Enforcement Coordinator at (512)239-5717, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding NEWTON COUNTY, Docket No. 97-0806-MSW-E; MSW-325; Enforcement ID No. 11793 on August 24, 1998 assessing $33,906 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Tracy L. Harrison, Staff Attorney at (512)239-1736 or Seyed Miri, Enforcement Coordinator at (512)239-6793, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding WATER VALLEY WATER CO-OP, Docket No. 97-0564-PWS-E; PWS No. 2270030; Enforcement ID No. 11430 on August 24, 1998 assessing $1,030 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Booker Harrison, Staff Attorney at (512)239-4113 or Tom Napier, Enforcement Coordinator at (512)239-6062, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

A default order was entered regarding JIM SCHUMACHER DBA WOODHAVEN MOBILE HOME PARK, Docket No. 97-0566-PWS-E; TNRCC ID No. 1330024; Enforcement ID No. 11435 on August 24, 1998 assessing $480 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting John Peeler, Staff Attorney at (512)239-3506 or Subhash Jain, Enforcement Coordinator at (512)239-5867, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

A default order was entered regarding WATER ASSOCIATION OF NORTH LAKE, INC., Docket No. 97-0680-PWS-E; PWS 0610171; CCN No. 12198 on August 24, 1998 assessing $480 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Kathy Keils, Staff Attorney at (512)239-0678 or Terry Thompson, Enforcement Coordinator at (512)239-6095, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding JOHANNES HERMAN DE GOEDE DBA JOHANNES HERMAN DE GOEDE DAIRY, Docket No. 97-0961-AGR-E; Enforcement ID No. 11667 on August 24, 1998 assessing $3,000 in administrative penalties with $2,400 deferred.

Information concerning any aspect of this order may be obtained by contacting Walter Ehresman, Staff Attorney at (512)239-0573 or 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 PETER DERIDDER DBA CHALK MOUNTAIN DAIRY, Docket No. 97-1050-AGR-E; TNRCC ID No. 03290; Enforcement ID No. 9549 on August 24, 1998 assessing $3,125 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Cecily Small Gooch, Staff Attorney at (512)239-2940 or Claudia Chaffin, Enforcement Coordinator at (512)239-4717, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding GRISSOM BROS. OIL CO., Docket No. 98-0433-PST-E; Account No. 0020115U; TNRCC ID No. 43281 on August 24, 1998 assessing $975 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Ali Abazari, Staff Attorney at (512)239-5915, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Z. A. NIEHAY AND THERESA NIEHAY, Docket No. 97-0898-PST-E; TNRCC Facility ID No. 2380; Enforcement ID No. 11833 on August 24, 1998 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 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 MALIK DHANANI, Docket No. 97-0503-PST-E; Facility ID No. 64497; Enforcement ID No. 11481, Formerly E11733 on August 24, 1998 assessing $10,600 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Kathy Keils, Staff Attorney at (512)239-0678 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 PETER NGUYEN, Docket No. 97-1186-PST-E; PST Facility ID No. 48742; Enforcement ID No.12046 on August 24, 1998 assessing $15,625 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Robin Houston, Staff Attorney at (512)239-0682 or Gloria Stanford, Enforcement Coordinator at (512)239-1871, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

TRD-9814701

Eugenia K. Brumm, Ph.D.

Chief Clerk

Texas Natural Resource Conservation Commission

Filed: September 16, 1998


Enforcement Orders, Week Ending September 23, 1998

An agreed order was entered regarding QUADVEST, INC, Docket No. 96-0819-PWS-E on August 26, 1998 assessing $3,600 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Booker Harrison, Staff Attorney at (512) 239-4113 or Katherine 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 DJLJ CORPORATION D/B/A TANK WASH SA INC, Docket No. 97-0034-IHW-E; SWR No. 73425; Enforcement ID No. 1951 on August 26, 1998 assessing $10,440 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Kara L. Salmanson, Staff Attorney at (512) 239-1738 or Anne Rhyne, Enforcement Coordinator at (512) 239-1291, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding LAIDLAW ENVIRONMENTAL SERVICES (DEER PARK), INC., (FORMERLY ROLLINS ENVIRONMENTAL SERVICES (TX), INC.), Docket No. 97-0294-IHW-E; SWR No. 37328; Enforcement ID No. 1748 on August 26, 1998 assessing $16,080 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Kara L. Salmanson, Staff Attorney at (512) 239-1738 or Anne Rhyne, Enforcement Coordinator at (512) 239-1291, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding FILGO OIL COMPANY, Docket No. 96-1989-PST-E; Facility ID No. 62620; Enforcement ID No. 5369 on August 26, 1998 assessing $1,200 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Kara L Salmanson, Staff Attorney at (512) 239-1738 or Sushil Modak, Enforcement Coordinator at (512) 239-2142, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An amended agreed order was entered regarding CITY OF SEGUIN, Docket No. 96-1865-MSW-E; MSW Permit No. 97; Enforcement ID No. 2607 on August 26, 1998.

Information concerning any aspect of this order may be obtained by contacting Robin Houston, Staff Attorney at (512) 239-0682 or Seyed Miri, Enforcement Coordinator at (512) 239-6793, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding HEWITT'S, INC., Docket No. 97-0544-PST-E; Facility ID No. 31748; Enforcement ID No. 11626 on August 26, 1998 assessing $10,200 in administrative penalties with $8,700 deferred.

Information concerning any aspect of this order may be obtained by contacting John W. Peeler, Staff Attorney at (512) 239-3506 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 KESSLER INDUSTRIES, INC., Docket No. 97-0536-AIR-E; TNRCC ID No. EE-0047-R; Enforcement ID No. 277 on August 26, 1998 assessing $10,000 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Mary R. Risner, Staff Attorney at (512) 239-6224 or Stacey Young, Enforcement Coordinator at (512) 239-1889, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding SHERMAN FOUNDRY COMPANY, INCORPORATED, Docket No. 98-0087-AIR-E; GI-0058-D; Enforcement ID No. 11912 on August 26, 1998 assessing $3,125 in administrative penalties.

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

An agreed order was entered regarding LORENZO BORREGO DBA BORREGO MOTORS, Docket No. 98-0137-AIR-E; Account No. EE-0772-G; Enforcement ID No. 12101 on August 26, 1998 assessing $450 in administrative penalties with $90 deferred.

Information concerning any aspect of this order may be obtained by contacting Stacey Young, Enforcement Coordinator at (512) 239-1899, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding NATIONAL RECYCLING AND DEVELOPERS INC, Docket No. 98-0360-AIR-E; Account No. JH-0245-V; Enforcement ID No. 691 on August 26, 1998 assessing $1,000 in administrative penalties.

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

An agreed order was entered regarding TEXAS PARKS & WILDLIFE DEPARTMENT, HUECO TANKS STATE HISTORICAL PARK, Docket No. 98-0136-AIR-E; Account No. EE-1706-M; Enforcement ID No. 12109 on August 26, 1998 assessing $1,250 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Stacey Young, Enforcement Coordinator at (512) 239-1899, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding H & H MEAT PRODUCTS COMPANY, INCORPORATED, Docket No. 98-0105-AIR-E; Account No. HN-0051-T; Enforcement ID No. 12070 on August 26, 1998 assessing $3,750 in administrative penalties.

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

An agreed order was entered regarding AUTOMOTIVE COLLISION SPECIALIST, Docket No. 97-1066-AIR-E; Account No. SI-0067-S; Enforcement ID No. 12030 on August 26, 1998 assessing $2,500 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Ali Abazari, Staff Attorney at (512) 239-5915 or Tel Croston, Enforcement Coordinator at (512) 239-5714, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding ODELL GEER CONSTRUCTION COMPANY, INCORPORATED, Docket No. 97-1029-AIR-E; Account No. 90-6084-C; Enforcement ID No. 3 on August 26, 1998 assessing $6,250 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Lisa Z. Hernandez, Staff Attorney at (512) 239-0612 or Suzanne Walrath, Enforcement Coordinator at (512) 239-2134, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding J.C. VIRAMONTES, INC. D/B/A INTERNATIONAL GARMENT PROCESSORS, Docket No. 97-0907-AIR-E; Account No. EE-0692-F on August 26, 1998 assessing $45,000 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Lisa Uselton Dyer, Staff Attorney at (512) 239-5692 or Stacey Young, Enforcement Coordinator at (512) 239-1899, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding CROWN CENTRAL PETROLEUM CORPORATION, Docket No. 97-1088-AIR-E; TNRCC ID No. HG0175D; Enforcement ID No. 451 on August 26, 1998 assessing $1,055,425 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Lisa Uselton Dyer, Staff Attorney at (512) 239-5692 or Miriam Hall, Enforcement Coordinator at (512) 239-1044, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An default order was entered regarding ADAMES MOTORS, INC., Docket No. 97-0732-AIR-E; TNRCC ID No. DB-4670-O; Enforcement ID No. 11739 on August 26, 1998 assessing $500 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Ali Abazari, Staff Attorney at (512) 239-5915 or Mary Jennings, Enforcement Coordinator at (512) 239-1864, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding U.S. ARMY CORPS OF ENGINEERS, Docket No. 98-0127-MWD-E; Permit 12093-001; Enforcement ID No. 12141 on August 26, 1998 assessing $2,500 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 CRAIG PENFOLD DBA VILLAGE OAKS MOBILE HOME COMMUNITY, Docket No. 97-0637-MWD-E; TNRCC ID No. 12667-001; Enforcement ID No. 11433 on August 26, 1998 assessing $23,760 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Cecily Small Gooch, Staff Attorney at (512) 239-2940 or Laurie Eaves, Enforcement Coordinator at (512) 239-4495, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding EUGENIA BALABAN AND MIKHAILINA BALABAN, Docket No. 97-0940-MWD-E; Enforcement ID No. 11704 on August 26, 1998 assessing $22,800 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Walter Ehresman, Staff Attorney at (512) 239-0573 or 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 NORTH TEXAS MUNICIPAL WATER DISTRICT, Docket No. 98-0056-MWD-E; Permit No. 12446-001; Enforcement ID No. 12040 on August 26, 1998 assessing $35,100 in administrative penalties.

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 SABINE VALLEY REGIONAL MH-MR CENTER, Docket No. 98-0029-MWD-E; Water Quality Permit No. 11361-001; Enforcement ID No. 8281 on August 26, 1998 assessing $3,750 in administrative penalties.

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 BILLY SANDERS, Docket No. 96-0372-AGR-E; No TNRCC Permit; Enforcement ID No. 9554 on August 26, 1998 assessing $6,280 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Guy Henry, Staff Attorney at (512) 239-6259 or Claudia Chaffin, Enforcement Coordinator at (512) 239-4717, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding PETRUS HUBERTUS VAN RIJN, Docket No. 97-0891-AGR-E; Milking Operations Nos. 086105 and 086107; Enforcement ID Nos. 11662 and 11707 on August 26, 1998 assessing $7,960 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Kara Salmanson, Staff Attorney at (512) 239-1738 or Brian Lehmkuhle, Enforcement Coordinator at (512) 239-4482, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding GEORGE M. FENLAW, Docket No. 97-0510-PWS-E; PWS No. 2300034 on August 26, 1998.

Information concerning any aspect of this order may be obtained by contacting Liza Z. Hernandez, Staff Attorney at (512) 239-0612 or Terry Thompson, Enforcement Coordinator at (512) 239-6095, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding JAMES STEVENS DBA STEVENS WATER COMPANY, Docket No. 97-1041-PWS-E; PWS Nos. 2290015, 229027, 2290043, 1870059 and 1870026; CCN No. 12072; Enforcement ID No. 11818 on August 26, 1998 assessing $7,600 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Bill Jang, Staff Attorney at (512) 239-2269 or Terry Thompson, Enforcement Coordinator at (512) 239-6095, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding JOHN LINCECUM D/B/A POWERS WATER SYSTEM, Docket No. 97-0632-PWS-E; PWS No. 0200159 on August 26, 1998 assessing $480 in administrative penalties.

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

A default order was entered regarding RICHARD "RICK" SHEARER, JR. DBA SHEARER OAK KNOLL ESTATES WATER SYSTEM, Docket No. 96-1713-PWS-E; TNRCC ID No. 1010189; Enforcement ID No. 6452 on August 26, 1998 assessing $630 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Barbara Lazard, Staff Attorney at (512) 239-0674 or Wendy Rozacky, Enforcement Coordinator at (512) 239-2541, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

A default order was entered regarding AGUSTIN HERNANDEZ, MANUEL HERNANDEZ, AND MODESTO HERNANDEZ DOING BUSINESS AS TRIPLE H MART, AND IDA SALINAS, Docket No. 97-0893-PST-E; TNRCC ID No. 48887; Enforcement ID No. 11848 on August 26, 1998 assessing $17,000 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Ali Abazari, Staff Attorney at (512) 239-5915 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 GARY L. ROE, Docket No. 97-0861-PST-E; No TNRCC PST Registration; Enforcement ID No. 11799 on August 26, 1998 assessing $3,800 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting William Puplampu, Staff Attorney at (512) 239-0677 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 CITY OF NEWTON, Docket No. 98-0049-MSW-E; Enforcement ID No. 12129 on August 26, 1998 assessing $5,000 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Lisa Z. Hernandez, Staff Attorney at (512) 239-0612 or Seyed Miri, Enforcement Coordinator at (512) 239-6793, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

A default order was entered regarding CHARLES WILLIAMS DOING BUSINESS AS MA AND PA TRASH SERVICE, Docket No. 97-1126-MSW-E; TNRCC Unauthorized Site 455100021; Enforcement ID No. 11926 on August 26, 1998 assessing $8,000 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Bill Jang, Staff Attorney at (512) 239-2269 or Craig Fleming, Enforcement Coordinator at (512) 239-5806, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding MR. STORMY NATION, Docket No. 97-0540-OSI-E; No OSSF Certificate of Registration; Enforcement ID No. 12453 on August 26, 1998 assessing $2,000 in administrative penalties with $400 deferred.

Information concerning any aspect of this order may be obtained by contacting Liza Z. Hernandez, Staff Attorney at (512) 239-0612 or Karen Berryman, 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 JOHN GARDNER, Docket No. 97-1114-OSS-E; Transporter Registration No. 20474; Enforcement ID No. 12031 on August 26, 1998 assessing $5,940 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Craig Carson, Enforcement Coordinator at (512) 239-2175, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

A default order was entered regarding GENE LOWENTHAL, Docket No. 98-0381-OSS-E; No TNRCC Installer Certificate; Enforcement ID No. 11918 on August 26, 1998 assessing $2,750 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Robin Houston, Staff Attorney at (512) 239-0682 or Laurie Eaves, Enforcement Coordinator at (512) 239-4495, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding LYLE GUNDERSON AND ROANE HARWOOD, Docket No. 97-1128-IHW-E; Enforcement ID No. 11955 on August 26, 1998 assessing $4,960 in administrative penalties with $992 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 MR. DON JONES, Docket No. 96-1872-LII-E; License No. L10001980; Enforcement ID No. 10154 on August 26, 1998 assessing $1,500 in administrative penalties with $450 deferred.

Information concerning any aspect of this order may be obtained by contacting Karen Berryman, Enforcement Coordinator at (512) 239-2172, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding MR. ENRIQUE GALVAN, Docket No. 97-0432-LII-E; Not Licensed; Enforcement ID No. 12209 on August 26, 1998 assessing $1,240 in administrative penalties with $248 deferred.

Information concerning any aspect of this order may be obtained by contacting Karen Berryman, Enforcement Coordinator at (512) 239-2172, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding MR. BERRY LINDEN MULFORD, Docket No. 97-0431-LII-E; License No. LI0004610; Enforcement ID No. 12208 on August 26, 1998 assessing $1,240 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Karen Berryman, Enforcement Coordinator at (512) 239-2172, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding MR. MAURICE KEANE, Docket No. 97-0420-LII-E; Licensed Irrigator No. LI0002968; Enforcement ID No. 12350 on August 26, 1998 assessing $625 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Karen Berryman, Enforcement Coordinator at (512) 239-2172, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding MS. PAMELA CHEATHAM, Docket No. 96-1874-LII-E; License No. LI0004337; Enforcement ID No. 10157 on August 26, 1998 assessing $1,400 in administrative penalties with $420 deferred.

Information concerning any aspect of this order may be obtained by contacting Karen Berryman, Enforcement Coordinator at (512) 239-2172, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding JOSE ANGEL CARDENAS, Docket No. 96-0857-LII-E; Enforcement ID No. 3525 on August 26, 1998 assessing $600 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Walter Ehresman, Staff Attorney at (512) 239-0573 or Karen Berryman, Enforcement Coordinator at (512) 239-2172, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An order was entered regarding JERRY HOUSE D/B/A HOUSE-CORRAL STREET WATER SYSTEM, Docket No. 96-0995-PWS-E on August 28, 1998 assessing $1,100 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Barbara M. Lazard, Staff Attorney at (512) 239-3400, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An order was entered regarding LONGVIEW REFINING ASSOCIATES, INC., Docket No. 97-066-IHW-E on September 1, 1998.

Information concerning any aspect of this order may be obtained by contacting William C. Foster, Staff Attorney at (512) 239-3407 or Kara Salmanson, Enforcement Coordinator at (512) 239-1738, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An order was entered regarding ASHRAF IBRAHIM, Docket No. 96-1631-PST-E on August 28, 1998 assessing $16,000 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Hodgson Eckel, Staff Attorney at (512) 239-2195, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

A default order was entered regarding FRIEND ENTERPRISES, INC., Docket No. 96-0945-PST-E on August 28, 1998 assessing $2,400 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Kara Salmanson, Staff Attorney at (512) 239-1738 or Srini Kusumanchi, Enforcement Coordinator at (512) 239-5874, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

TRD-9814980

Eugenia K. Brumm, Ph.D.

Chief Clerk

Texas Natural Resource Conservation Commission

Filed: September 22, 1998


Notice of Receipt of Application and Declaration of Administrative Completeness for Municipal Solid Waste Management Facility Permits

For the Period of August 10, 1998 to August 16, 1998

APPLICATION BY GTM WASTE PROCESSING, INC., permit amendment for a volume expansion of their existing Type V for the processing of grease and grit trap waste. The applicant proposes an increase from 20,000 gallons per day to 100,000 gallons per day. The applicant also proposes the addition of septage to the inlet waste stream for processing. The proposed site is located in Harris County, located on Hurst Street 500 ft East of the intersection of Hurst and Maxroy. The final deadline to file public comments or hearing requests will be 30 days after newspaper notice of the draft permit

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.

TRD-9814697

Eugenia K. Brumm, Ph.D.

Chief Clerk

Texas Natural Resource Conservation Commission

Filed: September 16, 1998


Notices of Applications for Industrial Hazardous Waste Permits/Compliance Plans and Underground Injection Control Permits

Attached are Notices of Applications issued during the period of August 3, 1998 thru August 9, 1998.

The Executive Director will issue these permits unless one or more persons file written protests and/or a request for a hearing within 45 days (unless otherwise noted) 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, renewal) and permit number.

STRUCTURAL METALS INCORPORATED (SMI), Steel Mill Road, Seguin, Texas 78155 has applied for a Major Amendment to Compliance Plan No. CP-50142 which authorizes Alternate Concentration Limits for the Ground-Water Protection Standard (GWPS) and requires ground-water monitoring to verify the GWPS is not exceeded. The major amendment addresses an exceedance of the chromium GWPS downgradient of two closed RCRA-regulated landfills based upon site-specific baseline risk assessment data, require an expansion of the ground-water monitoring well system and proposes revisions to financial assurance requirements. The application was received on October 16, 1997. The facility is currently permitted for post-closure care of on-site hazardous waste disposal landfills. The facility is located on a 148-acre tract of land one mile west of the intersection of Interstate Highway I-10 and FM 464 on Steel Mill Road, Seguin, Guadalupe County, Texas. The site is within the drainage area of Segment 1804 (Lake Placid) of the Guadalupe River Basin.

USX CORPORATION - TEXAS URANIUM OPERATIONS (USX), Drawer V, George West, Texas 78022 filed an application for a modification to Production Area Authorization (PAA) UR02130-011, Clay West mine. A PAA is issued as part of the base permit (UR02130-001) to approve the initiation of mining activities in Production Area 1 within the permit area. The PAA application contains monitor well locations, water quality data based on pre-mining conditions for use in establishing groundwater restoration targets, and hydrologic test data that shows connection between production wells and production zone monitor wells. The permit and PAA were issued and mining began in December 1977. Mining continued until February 1984. Restoration, using ground-water sweep and reverse osmosis, was from March 1981 to May 1997. The Clay West site is in Live Oak County approximately eight miles southwest of George West, west of U.S. Highway 59 in the J. Poitevent Survey 67, H. and G.N. R.R. Survey 69, and H. and G.N. R.R. Survey 71. The facility is an in site uranium mine in the Lower Oakville Formation, at 250 to 400 feet below the surface, undergoing groundwater restoration.

WITCO CORPORATION, P. O. Box 1439, Marshall, Texas 75671, has applied for a major amendment to Underground Injection Control (UIC) Permit No. WDW-180 which authorizes; removal of restriction on the pH of the injected waste stream; implementation of Hazardous and Solid Waste Amendments (HSWA) corrective action requirements; discontinuation of the use of EPA waste codes in description of waste streams; and monitoring of specific gravity (i.e., the ratio of the weight of a unit volume of injected waste to the weight of a unit volume of pure water) at least once every eight hours. Injection of wastes is authorized by permit below all underground sources of drinking water, into the Rodessa Formation injection interval at the approximate subsurface depth of 5,925 to 6,040 feet. WDW-180 was initially put in service in 1981. The Witco Corporation site is located at 710 Bussey Road off of U.S. Highway 59 North in Marshall, Harrison County, Texas.

URI, INC.12750 Merit Drive, Suite 1020, Dallas, Texas 75251 has filed an application for renewal of Underground Injection Control (UIC) Permit, Permit Number: WDW-250. The well (WDW-250) is used to dispose of non-hazardous wastes generated by the permittee's Rosita mine. The injection fluids consist of a variety of waste streams generated by uranium mining operations and groundwater restoration. The waste streams are required by permit to be injected into a rock formation located below all underground sources of drinking water. The well is at the Rosita uranium mining project in Duval County approximately 12 miles west of San Diego, north of Highway 44.

AKZO NOBEL CHEMICALS INC., 13000 Bay Park Road, Pasadena, Harris County, Texas 77507 has applied for Renewal of Permit No. HW-50072. The permit renewal will authorize the continued operation of one existing container storage area for the storage of hazardous and non-hazardous industrial solid waste. The application was received on December 30, 1996. The applicant operates a chemical manufacturing facility, which produces fluidized cracking catalysts, hydroprocessing catalysts, zeolite and polymer chemicals. The site is within the drainage area of Segment 1006 of the San Jacinto River Basin.

TRD-9814696

Eugenia K. Brumm, Ph.D.

Chief Clerk

Texas Natural Resource Conservation Commission

Filed: September 16, 1998


Attached are Notices of Applications issued during the period of August 10, 1998 thru August 16, 1998

The Executive Director will issue these permits unless one or more persons file written protests and/or a request for a hearing within 45 days (unless otherwise noted) 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, renewal) and permit number.

USX - TEXAS URANIUM OPERATIONS P.O. DRAWER V, GEORGE WEST, TEXAS 78022, has filed Applications for revision of the following Underground Injection Control (UIC) Production Area Authorization (PAA) UR01890-011 and UR01890-041, which were received on February 18, 1998 and declared administratively complete on March 3, 1998. The applicant requests restoration table amendments in accordance with 31 TAC 331.107, which would change the groundwater constituent concentrations that are to be met by the permittee (USX) to achieve successful restoration of the site's mined aquifer in PAA 1 and PAA 4. The Moser mine site is in Live Oak County, west of US Highway 59, ten miles southwest of George West and approximately 50 miles northwest of Corpus Christi.

TRD-9814698

Eugenia K. Brumm, Ph.D.

Chief Clerk

Texas Natural Resource Conservation Commission

Filed: September 16, 1998


Notice of Application for Municipal Solid Waste Management Facility Permit

For the Period of August 21, 1998 to August 27, 1998

USA WASTE OF TEXAS LANDFILLS, INC., formerly known as Sanifill of Texas, Inc., 100 Genoa Red Bluff, Houston, Texas 77034, has applied for a permit amendment (Proposed Permit Amendment No. MSW 1535-B), to authorize a horizontal and vertical expansion to an existing Type I municipal solid waste management facility within the current permitted boundary of 259.39 acres. The amendment will increase the maximum height of the completed landfill from the currently permitted height of approximately 115 feet mean sea level to 140 feet mean sea level. The site will receive an estimated 1,575 tons per day and is expected to increase to an ultimate average of 1,902 tons of waste per day. The maximum daily volume of incoming waste will vary with the solid waste disposal needs of those served by the landfill and is not limited to the projected ultimate average rate. Total waste disposal volume (solid waste and daily cover) of the landfill is approximately 25,900,000 in-place cubic yards. The permittee is authorized to dispose of wastes approved for disposal at a Type I facility, including Municipal Solid Waste, Class 2 Industrial Solid Waste, Class 3 Industrial Solid Waste, Class 1 Industrial Solid Waste that is Class 1 only because of asbestos content, and Special Waste. The site is authorized to accept municipal solid waste 24 hours a day, seven days a week, or as otherwise posted on the site sign. The facility is located in Chambers County, approximately 4.5 miles southeast of downtown Baytown, Texas at the intersection of FM 2354 and FM 1405 with access from FM 2354. The physical address is 4791 Tri-City Beach Road, Baytown, Texas 77520.

Sand Trap Service Co., Inc., dba Cold Springs Processing and Disposal, P.O. Box 1823, Fort Worth, Texas 76101 has applied for a permit amendment (Proposed Permit Amendment No. MSW1225-C). This proposed permit amendment will increase the facility capacity to receive liquid and semi-liquid wastes from 1.2 million gallons per month to 1.5 millions per month by extending the operating hours and authorize to accept Class I, nonhazardous industrial wastes under the regulatory jurisdiction of the Texas Natural Resource Conservation Commission for disposal or other processing in accordance with municipal solid waste regulations. The operating hours will be from 7:00 a.m. to 6:00 p.m. from Monday to Friday and from 7:00 a.m. to 12:00 noon on Saturday. The facility is located at 1300 Cold Springs Road, Fort Worth, approximately 2,200 feet west of State Highway 121 and 1,600 feet northwest of U.S. Highway 377 in Tarrant County, Texas.

THE CITY OF BROWNWOOD, P.O. Box 1389, Brownwood, Texas 76801, has applied to the Texas Natural Resource Conservation Commission (TNRCC) for a permit amendment (Proposed Permit Amendment No. MSW 1562-A) which will authorize horizontal and vertical expansion to an existing Type I municipal solid waste management facility. The amendment will increase the acreage from the currently permitted 84 acres to 648.646 acres (landfill footprint will be 130 acres) and will increase the maximum fill height of the completed landfill from the currently permitted height of approximately 1,570 feet mean sea level to 1,692.25 feet mean sea level. The site will receive an estimated average 170 tons of waste per day. The total disposal capacity of the landfill is approximately 17,000,000 in-place cubic yards. The permittee is authorized to dispose of municipal solid waste resulting from or incidental to municipal, community, commercial, institutional, and recreational activities; municipal solid waste resulting from construction or demolition projects, Class 2 industrial solid waste, Class 3 industrial solid waste, and special wastes that are properly identified. The facility would be authorized to receive Class 1 nonhazardous industrial solid waste upon approval of a permit modification and construction of Class 1 waste cells in compliance with Title 30 Texas Administrative Code Section 330.137. The operating hours for receipt of waste at this municipal solid waste facility shall be any time between the hours specified, Sunday through Saturday, January 1 to day before first Sunday in April 7:00 a.m. to 7:00 p.m., First Sunday in April to July 13 7:00 a.m. to 8:30 p.m., July 14 to day before last Sunday in October 7:00 a.m. to 7:30 p.m. The waste management facility is located on County Road 237 (Indian Creek Road) approximately 1.5 miles south of FM 45 in Brown 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.

TRD-9814694

Eugenia K. Brumm, Ph.D.

Chief Clerk

Texas Natural Resource Conservation Commission

Filed: September 16, 1998


Notices of Applications for Waste Disposal/Discharge Permits

Attached are Notices of Applications for waste disposal/discharge permits issued during the period of July 27, 1998 to August 2, 1998.

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 78711-3087. 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.

Warren Independent School District, P.O. Box 69, Warren, Texas 77664; The plant site is located south of Farm-to-Market Road 1943 and east of Blue Berry Hill Drive in Tyler County, Texas; renewal Permit No. 11307-001.

City of Rusk, 408 North Main Street, Rusk, Texas 75785; The plant site is located at 0.35 mile west of Farm-to-Market Road 752 and approximately 1.5 miles south of mid-town Rusk in Cherokee County, Texas; renewal Permit No. 10447-001.

City of Houston, Department of Public Works and Engineering, P.O. Box 262549, Houston, Texas 77207-2549; The plant site is located at 2525 S. Sgt. Macario Garcia on the north bank of Buffalo Bayou in the City of Houston in Harris County, Texas; renewal Permit No. 10495-090.

City of Jefferson, 102 North Polk Street, Jefferson, Texas 75657; The plant site is located at the corner of Austin Street and Soda Street, just east of downtown Jefferson, on the west bank of Big Cypress Bayou in Marion County, Texas; renewal Permit No. 10801-002.

City of Crystal City, 101 E. Dimmit, Crystal City, Texas 78839-3523; The plant site is located at the terminus of Plant Street approximately 0.2 mile northwest of the intersection of Plant Street and U.S. Highway 83, approximately 2 blocks west of the intersection of State Highway 393 and U.S. Highway 83, northwest of the City of Crystal City in Zavala County, Texas; renewal Permit No. 10098-001.

StyroChem International, Inc., 11591 Business Highway 287 North, Fort Worth, Texas 76179; The plant site is located at 11591 Business Highway 287 North, northwest of the intersection of Peden Road and Business Highway 287 North, approximately 7 miles north of the City of Saginaw, Tarrant County, Texas; Proposed Permit No. 03983

City Public Service of San Antonio, P. O. Box 1771, San Antonio, Texas 78296; The plant site is located at 16120 Streich Road, approximately 2.75 miles northwest of the City of Elmendorf, Bexar County, Texas; renewal Permit No. 01515.

City of Marion, P.O. Box 158, Marion, Texas 78124; The plant site is located approximately 1,400 feet west of Farm-to-Market Road 465 and 1,800 feet south of Farm-to-Market Road 78 in southwest Marion in Guadalupe County, Texas; renewal Permit No. 10048-001.

U.S. Department of the Air Force, AFBCA/DC-Reese, 9801 Reese Boulevard North, Suite 300, Lubbock, Texas 79416; The facility and disposal area are located on Farm-to-Market Road 2255 west of and adjacent to the City of Lubbock, Lubbock County, Texas; major amendment Permit No. 02768.

Texas Utilities Electric Company, Energy Plaza, 1601 Bryan Street, Dallas, Texas 75201-3411; The plant site is located on the north shore of Trinidad Lake off Farm-to-Market Road 764, approximately one mile south of the City of Trinidad, Henderson County, Texas; renewal Permit No. 00947.

DPC Industries, Inc., P. O. Box 24600, Houston, Texas 77229-4600; The plant site is located adjacent to State Highway 149, and approximately 11,500 feet southeast of the intersection of State Highway 149 and Farm-to-Market Road 2906 on the southeast of the City of Longview, Gregg County, Texas; Proposed Permit No. 03986.

City of West University Place, 3800 University Blvd., Houston, Texas 77005; The plant site is located approximately 1000 feet west of Kirby Drive between Brays Bayou and North Brayswood Street in the City of Houston in Harris County, Texas; renewal Permit No. 10058-001.

Walter Joseph Sauder, San Miguel Springs Water Co., 128 H.M. Roundtree, San Antonio, Texas 78233; The plant site is located approximately one and one-half (1.5) miles south of the intersection of Farm-to-Market Road 758 and State Highway 46 in Guadalupe County, Texas; Proposed Permit No. 13923-001.

Trinity Rural Water Supply Corporation, P.O. Box 709, Trinity, Texas 75862; The plant site is located on the east side of Farm-to-Market Road 355, approximately 4.5 miles south of the City of Groveton in Trinity County, Texas; Proposed Permit No. 13950-001.

Kobra Mirhaj, P.O. Box 55528, Houston, Texas 77255; The plant site is located at 6341 East Mount Houston Road, approximately 600 feet north of East Mount Houston Road and approximately 1.3 miles west of the intersection of Farm-to-Market Road 527 and East Mount Houston Road in Harris County, Texas; Proposed Permit No. 13955-001.

Toshiba International Corporation, 13131 W. Little York Drive, Houston, Texas 77041; The plant site is located at the southeast corner of the intersection of West Little York Drive and Eldridge Parkway, Harris County, Texas; renewal of Permit No. 03153.

Azle Independent School District, 300 Roe Street, Azle, Texas 76020; The wastewater treatment facility and disposal site are located approximately 3.5 miles southwest of the Town of Azle and adjacent to and east of Farm-to-Market Road 730 in Parker County, Texas; renewal Permit No. 13304-001.

City of Iowa Park, 103 North Wall, Iowa Park, Texas 76367-0190; The plant site is located southwest of the City of Iowa Park, approximately 0.25 mile west of Farm-to-Market Road 368 and 1 mile north of Farm-to-Market Road 367 in Wichita County, Texas; renewal Permit No. 10691-002.

Clint Independent School District, P.O. Box 779, Clint, Texas 79836; The wastewater treatment facility and disposal site are located approximately 3.5 miles east-southeast of the intersection of U.S. Highway 62/180 and Farm-to-Market Road 659 (Zaragosa Road) on the campus of Clint High School in El Paso County, Texas; renewal Permit No. 13441-001.

North Texas Municipal Water District, P.O. Box 2408, Wylie, Texas 75098; The plant site is located at 806 Alanis Drive, approximately 0.4 mile southeast of State Highway 78, approximately 0.57 mile south of the crossing of Muddy Creek by State Highway 78, and 1.25 miles southwest of the City of Wylie central business district in Collin County, Texas; renewal of Permit No. 10384-001.

City of Royse City, 124 Arch Street, Royse City, Texas 75189; The plant site is located approximately one (1) mile south of the intersection of Interstate Highway 30 and Farm-to-Market Road 35 in Rockwall County, Texas; renewal of Permit No. 10366-001.

City of Houston, Department of Public Works and Engineering, P.O. Box 262549, Houston, Texas 77207-2549; The plant site is located at 7410 Galveston Road (State Highway No. 3) in the City of Houston in Harris County, Texas; major amendment Permit No. 10495-050.

City of Teague and City of Fairfield, 222 South Mount Street, Fairfield, Texas 75840; The plant site is located approximately 1.1 miles south of the intersection of U.S. Highway 84 and Boyd Prison Road and approximately 3.4 miles southwest of the intersection of U.S. Highway 84 and Interstate Highway 45 in Freestone County, Texas, renewal Permit No. 13579-001.

Air Liquide America Corporation, P.O. Box 3047, Houston, Texas 77253; The plant site is located on the north side of West Little York Road approximately 4000 feet east of Eldridge/Addicks-Fairbanks Road in Harris County, Texas; renewal Permit No. 13959-001.

Texas Department of Criminal Justice, P.O. Box 4011, Huntsville, Texas 77342; The plant site is located approximately 3 miles north of the intersection of Farm-to-Market Road 2004 and State Highway 332, approximately 4 miles southeast of the intersection of State Highway 35 and Farm-to-Market Road 521 in Brazoria County, Texas; renewal Permit No. 10829-001.

Wildwood Property Owners Association, P.O. Box 903, Village Mills, Texas 77663; The plant site is located at the corner of Balsawood and Chestnut Streets in the community of Wildwood; approximately 0.25 mile south of Lake Kimble and approximately 2.5 miles west of the intersection of U. S. Highways 69 and 287 and Farm-to-Market Road 3063 in Hardin County, Texas; renewal Permit No. 11184-001.

City of Houston, Department of Public Works and Engineering, P.O. Box 262549, Houston, Texas 77207-2549; The plant site is located at 5565 Kirkpatrick in the City of Houston in Harris County, Texas; renewal Permit No. 10495-023.

City of Littlefield, P.O. Box 1267, Littlefield, Texas 79339-1267; The wastewater treatment facility and one disposal site are located on the north side of Farm-to-Market Road 54 and approximately 1.4 miles east of the intersection of U.S. Highway 385 and Farm-to-Market Road 54 in Lamb County, Texas. The second disposal site is located on the south side of Farm-to-Market Road 54 and approximately 1.4 miles east of the intersection of U.S. Highway 385 and Farm-to-Market Road 54 in Lamb County, Texas. The third disposal site is located south of County Road 272 and approximately 1.5 miles east of the intersection of U.S. Highway 385 and County Road 272 in Lamb County, Texas; a major amendment Permit No. 10207-002.

Cypress Hill Municipal Utility District No. 1, c/o Fulbright & Jaworski, 1301 McKinney Street, Suite 5100, Houston, Texas 77010; The plant site is located approximately 400 feet west of Cypress Rose Hill Road and 3/4 mile north of the intersection of Cypress Rose Hill Road with U.S. Highway 290 in Harris County, Texas; major amendment Permit No. 12327-001.

Leon Springs Utility Company, 10 Dominion Drive, San Antonio, Texas 78257; The plant site is located in the southwest corner of the Dominion Subdivision, adjacent to Leon Creek and approximately 3.5 miles north of the intersection of Interstate Highway 10 and Loop 1604 in Bexar County, Texas; renewal Permit No. 12557-001.

Pine Tree Mobile Home Park Landowners Association, 5622 Dyer, Dallas, Texas 75206; The plant site is located approximately one mile west of the City of Keller and approximately one mile southwest of the intersection of Keller-Hicks Road and U.S. Highway 377 in Tarrant County, Texas; renewal Permit No. 13036-001.

City of Sundown, P.O. Box 600, Sundown, Texas 79372-0600; The wastewater treatment facilities and disposal site are located 1 mile northwest of the intersection of Farm-to-Market Road 301 and Farm-to-Market Road 303 in Hockley County, Texas; renewal Permit No. 11253-001.

Orbit Systems, Inc., 1302 Airline North, Rosharon, Texas 77583; The plant site is located approximately two miles east of the City of Angleton, on the southwest quadrant of the intersection of County Road 213 and County Road 598 in Brazoria County, Texas; renewal Permit No. 12420-001.

Waterwood Municipal Utility District No. 1, c/o Mr. Phil Palmer, Palmer Management Company, Waterwood Box 2, Huntsville, Texas 77340; The wastewater treatment facility is located approximately 0.1 mile south of Waterwood Parkway at a point approximately 1.0 mile east of the intersection of Waterwood Parkway and Farm-to-Market Road 980 and approximately 6 miles north of the intersection of Farm-to-Market Road 980 and State Highway 190; renewal Permit No. 11447-001.

Sea Lion Technology, Inc., P.O. Box 1807, Texas City, Texas 77592; The plant site is located at 5700 Johnny Palmer Road in the City of Texas City, Galveston County, Texas; Major amendment Permit No. 03479.

Knox Oil of Texas, Inc, 5001 LBJ Freeway, Suite 1020 Dallas, Texas, 75244; The plant site is located approximately 500 feet south of the intersection of Interstate Highway 35 and Farm-to-Market Road 310 on the west side of Interstate Highway 35 in Hill County, Texas; renewal Permit No. 12945-001.

Theron l. Moore, Sr., 8610 FM 2457, Livingston, Texas 77351; The plant site is located on Kalita Drive in the Kalita Point Subdivision, near the east shore of Lake Livingston, approximately 1,250 feet north to Farm-to-Market Road 2457 at a point approximately 3 miles west of the intersection of Farm-to-Market 2457 and U.S. Highway 190 in Polk County, Texas; renewal Permit No. 11465-001.

New Caney Municipal Utility District, P.O. Box 1799, New Caney, Texas 77357; The plant site is located approximately 0.4 mile east and 1.6 miles south of the intersection of Caney Creek and Interstate Highway 59 in Montgomery County, Texas; renewal of Permit No. 12274-001.

TRD-9814695

Eugenia K. Brumm, Ph.D.

Chief Clerk

Texas Natural Resource Conservation Commission

Filed: September 16, 1998


Attached are Notices of Applications for waste disposal/discharge permits issued during the period of August 3, 1998 to August 9, 1998

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 78711-3087. 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.

Otto Marine Enterprise, Inc., 18001 I-10 East, Channelview, Texas 77530; The plant site is located at 17818 Riverside Street, one-fourth mile south of Interstate Highway 10 and one mile west of the intersection of Interstate Highway 10 and Crosby-Lynchburg Road, Harris County, Texas; major amendment to Permit No. 03448.

FKP, Inc., 1955 Lake Park Drive, Suite 250, Smyrna, Georgia 30080; The plant site is located on the Houston Ship Channel, at the point where Jefferson Road terminates at the Houston Ship Channel, in the City of Pasadena, Harris County, Texas; Proposed Permit No. 03999.

City of Austin, c/o Director, Water and Wastewater Utility, P.O. Box 1088, Austin, Texas 78767-8859; The plant site is located north of the Colorado River approximately one mile east of the U.S. Highway 183 crossing of the Colorado River in Travis County, Texas; renewal Permit No. 10543-003.

City of Farwell, P.O. Box 338, Farwell, Texas 79325; The wastewater treatment facilities and disposal site are located approximately 1/4 mile east of the City of Farwell and immediately north of the Panhandle and Sante Fe Railroad in Parmer County, Texas; renewal of Permit No. 10661-001.

City of Quitaque, P.O. Box 427, Quitaque, Texas 79255; The wastewater treatment facilities and disposal site are located approximately 4,500 feet east-northeast of the intersection of State Highway 86 and Farm-to-Market Road 1065 and 1,200 feet north of State Highway 86, east of the City of Quitaque in Briscoe County, Texas; renewal Permit No. 10727-001.

City of Lorenzo, P.O. Box 430, Lorenzo, Texas 79453; The wastewater treatment facilities and disposal site will be located northeast of the City of Lorenzo, approximately 1.5 miles northeast of the intersection of U.S. Highway 82 and State Route 378 in Crosby County, Texas; Proposed Permit No. 10988-002.

City of Pearland, 3519 Liberty Drive, Pearland, Texas 77588; The plant site will be located approximately 0.25 mile east and 1 mile north of the intersection of County Road 101 (Bailey Road) and County Road 103 (Harkey Road) in the City of Pearland in Brazoria County, Texas; Proposed Permit No. 10134-007.

Citgo Products Pipeline Company, P.O. Box 3758, Tulsa, Oklahoma 74102-3758; The plant site is located at 3301 State Highway 157 in the City of Fort Worth, Tarrant County, Texas; Proposed Permit No. 03993.

The City of Midway, P.O. Box 227, Midway, Texas 75852; The plant site is located 3,000 feet southeast of the intersection of State Highway 21 and Farm-to-Market Road 2548 and 2,200 feet east of the intersection of Gin Creek and Farm-to-Market Road 247 and east of the City of Midway in Madison County, Texas; renewal Permit No. 13378-001.

Munson Point Property Owners Association and John Munson, P.O. Box 357, Denison, Texas 75021-0357; The wastewater treatment facilities and disposal site are located approximately 1,000 feet east and 2,500 feet south from the north end of State Highway 84 in Garyson County, Texas; renewal of Permit No. 13823-001.

City of Muleshoe, 215 S. 1st Street, Muleshoe, Texas 79347; The wastewater treatment facilities and disposal site are located approximately 1.5 miles south of the intersection of State Highway 214 and S. Highway 84 in Bailey County, Texas; renewal Permit No. 10049-001.

North Belt Utility District, c/o Smith, Murdaugh, Little & Bonham, 1100 Louisiana Street, Suite 400, Houston, Texas 77002; The plant site is located at 15353 Weldon Drive, approximately 1,600 feet northwest of the intersection of Aldine-Westfield Road and Beltway 8 in Houston, Harris County, Texas; renewal Permit No. 11597-001.

Texas A & M University, Physical Plant Building, Agronomy Road, College Station, Texas 77843-1371; The plant site is located approximately 14,000 feet south of the intersection of Farm-to-Market Road 60 and Farm-to-Market Road 2818, 11,000 feet southwest of Farm-to-Market Road 2818 and 9,000 feet southeast of Farm-to-Market Road 60 in Brazos County, Texas; renewal Permit No. 10968-003.

City of Houston, Department of Public Works and Engineering, P.O. Box 262549, Houston, Texas 77207-2549; The plant site is located at 8545 Scranton Street, due east of William P. Hobby Airport, approximately 0.7 mile southwest of the intersection of Interstate Highway 45 (Gulf Freeway) and Airport Boulevard in Harris County, Texas; renewal of Permit No. 10495-065;

Richard L. Wagner, P.O. Box 187, Willis, Texas 77378; The plant site is located on Lake Conroe's western shore, north of and with access to Farm-to-Market Road 1097, approximately 7.6 miles west of Willis in Montgomery County, Texas; renewal of Permit No. 13575-001.

Wilke Lane Utility Company, 205 East 43rd Street, Austin, Texas 78751-3805; The plant site is located approximately 0.5 mile northeast of the intersection of Pflugerville Loop and Wilke Lane, approximately 2 miles north of the Pflugerville central business district in Travis County, Texas; renewal Permit No. 13019-001.

City of Winfield, P.O. Box 98, Winfield, Texas 75493; The plant site is located approximately 400 feet north of the Interstate Highway 30 access road and 1500 feet west of Farm-to-Market Road 1734 in Titus County, Texas; renewal Permit No. 12146-001.

City of Shepherd, P.O. Box 248, Shepherd, Texas 77371, The plant site is located approximately 1,400 feet northeast of the intersection of U.S. Highway 59 and State Highway 150 in San Jacinto County, Texas; renewal Permit No. 11380-001.

North Zulch Municipal Utility District, P.O. Box 118, North Zulch, Texas 77872; The wastewater treatment facilities and disposal site are located approximately 0.5 mile northeast of the intersection of State Highway 21 and Loop 160, approximately one mile east of Farm-to-Market Road 39 in Madison County, Texas; renewal of Permit No. 12192-001.

Texas Utilities Electric Company, Energy Plaza, 1601 Bryan Street, Dallas, Texas 75201-3411; The plant site is located at 2233-A Mountain Creek Parkway in the City of Dallas, Dallas County, Texas; renewal of Permit No. 01250.

TRD-9814693

Eugenia K. Brumm, Ph.D.

Chief Clerk

Texas Natural Resource Conservation Commission

Filed: September 16, 1998


Attached are notices of applications for waste disposal/discharge permits issued during the period of August 10, 1998 to August 16, 1998

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 78711-3087. 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.

City of Van, P.O. Box 487, Van, Texas 75790; The plant site is located immediately north of Interstate Highway 20 and on the west side of Big Sandy Creek approximately 1 mile east of the intersection of Interstate Highway 20 and Farm-to-Market Road 314 in Van Zandt County, Texas; renewal Permit No. 10376-001.

Mary Sue Warren, 120 Oak Leaf Drive, North Richland Hills, Texas 76180; The plant site is located at 140 Oak Leaf Drive, approximately 0.2 mile west of Precinct Line Road (Farm-to-Market Road 3029), approximately 2 miles northwest of State Highway 26, approximately 2.75 miles north of the intersection of State Highway 26 and Precinct Line Road (Farm-to-Market Road 3029), and approximately 13 miles northeast of the City of Fort Worth central business district, in North Richland Hills in Tarrant County, Texas; renewal Permit No. 11175-001.

Harris County Municipal Utility District No. 119, 3800 First City Tower- 1001 Fannin Street, Houston, Texas 77002; The plant site is located approximately 1.6 miles south of the intersection of the North Houston-Rosslyn Road and Farm-to-Market Road 149, 4.9 miles due west of the intersection of Farm-to-Market Road 149 and Interstate Highway 45 on the east side of the North Houston-Rosslyn Road, and approximately 13 miles northwest of the City of Houston central business district in Harris County, Texas; renewal Permit No. 12714-001.

Aquila Realty Fund I, Inc., 2015 52nd Street, Brooklyn, New York 11204; The plant site is located at 1300 Hugh Road, approximately 1,300 feet west of the intersection of Spears Road and Hugh Road, and approximately one mile north of the intersection of Greens Road and Spears Road in Harris County, Texas; renewal Permit No. 13617-001.

City of Aspermont, P.O. Box 277, Aspermont, Texas 79502-0277; The wastewater treatment facilities and disposal site are located approximately 0.75 mile west of the intersection of Vivian Avenue and North Second Street north of the City of Aspermont in Stonewall County, Texas; renewal Permit No. 10141-001.

E.I. du Pont de Nemours and Company, P.O. Box 3269, Beaumont, Texas 77704; The plant site is located on State Highway 347, on the west bank of the Neches River at the McFaddin Bend Cutoff, six miles south of the City of Beaumont, and eight miles north of Sabine Lake, Jefferson County, Texas; major amendment Permit No. 00473.

City of Seabrook, 1700 First Street, Seabrook, Texas 77586; The plant site is located adjacent to the intersection of Second Street and Todville Street in the City of Seabrook in Harris County, Texas; renewal Permit No. 10671-001.

Thirty Two Real Estate Investment, Ltd., P.O. Box 525, Willis, Texas 77378; The plant site is located approximately 100 feet south of Farm-to-Market Road 1097 and 0.25 mile east of Lake Conroe in Montgomery County, Texas; renewal Permit No. 13395-001.

City of Blanco, P.O. Box 750, Blanco, Texas 78606; The plant site is located approximately 0.8 mile northeast of the intersection of U.S. Highway 281 and Farm-to-Market Road 1623 in Blanco County, Texas; major amendment Permit No. 10549-002.

City of Bryson, P.O. Box 219, Bryson, Texas 76427; The Imhoff tank and sludge drying beds are located on the east side of a gravel road known as Lovers Lane, 0.5 mile south of the intersection with U.S. Highway 380 in Jack County, Texas renewal Permit No. 10135-001.

A & D Corley Enterprises, LTD., 3570 Vancouver Drive, Dallas, Texas 75229-3854; The plant site is located at 294 Country Club Road, approximately 1.25 miles northeast of the intersection of U.S. Highway 377 and Country Club Road in Denton County, Texas; renewal of Permit No. 13401-001.

City of Nome, P.O. Box D, Nome, Texas 77629; The plant site is located adjacent to Cotton Creek and at the intersection of 3rd Street and Cotton Creek, and approximately 0.5 mile north of the City of Nome in Jefferson County, Texas; major amendment Permit No. 11564-001.

Lee J. Marsalise and Carl Marsalise, 1430 Frontier Valley Drive, Austin, Texas 78741; The wastewater treatment facility and disposal site will be located approximately 1000 feet north of the intersection of United States Highway 290 and Farm-to-Market Road 1100, adjacent to the intersection of Voelker Lane and Farm-to-Market Road 1100 and approximately 2 miles east of New Katy, in Travis County, Texas; Proposed Permit No. 13906-001.

Lake Fork Resort, LLC, 237 Hide-A-Way Lane East, Lindale, Texas 75140; The plant site is located approximately 700 feet east of Farm-to-Market Road 17 and 0.3 mile south of Farm-to-Market Road 515 in Wood County, Texas; Proposed Permit No. 13975-001.

Tommy J. Thomas, 9813 Deer Trail, Houston, Texas 77038-3205; The plant site is located on the 9800 Block of Deer Trail Drive approximately one mile northwest of the intersection of Farm-to-Market Road 149 and Interstate Highway 45 in Harris County, Texas; renewal of Permit No. 12919-001.

Spring Independent School District, 16716 Ella Blvd., Houston, Texas 77090-4299; The plant site is located approximately two (2) miles north of Farm to Market (FM) 1960 on Hardy Road at Lemm Road #1 south of the community of Spring, Harris County, Texas; renewal of Permit No. 02483.

City of New Summerfield, P.O. Box 38, New Summerfield, Texas 75870; The plant site is located on the west side of Haws Road, 1 mile north of U.S. Highway 79 near New Summerfield in Cherokee County, Texas; renewal of Permit No. 13585-001.

Texas Department of Criminal Justice, P.O. Box 4011, Huntsville, Texas 77344; The plant site is located approximately 3,500 feet northwest of the intersection of State Highway 6 and U.S. Highway 90A in Fort Bend County, Texas; renewal Permit No. 10986-001.

SDGA Corporation, 1420 Marina Bay Drive, Kemah, Texas 77565; The plant site is located approximately 1,650 feet north of Research Forest Drive and 6,100 feet west of Interstate Highway 45, west of the City of Shenandoah in Montgomery County, Texas; Proposed Permit No. 13970-001.

Vulcan Materials Company, P.O. Box 791550, San Antonio, Texas 78279; The plant site is located at: crushing operation - adjacent to County Road (CR) 228 approximately « mile north of the intersection of CR 228 and CR 234; mining operation - immediately south of the intersection of CR 228 and CR 234, near the City of Tehuacana, Limestone County, Texas; major amendment Permit No. 03806.

TRD-9814692

Eugenia K. Brumm, Ph.D.

Chief Clerk

Texas Natural Resource Conservation Commission

Filed: September 16, 1998


Attached are notices of applications for waste disposal/discharge permits issued during the period of August 17, 1998 to August 23, 1998.

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 78711-3087. 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.

San Antonio Water System, P.O. Box 2449, San Antonio, Texas 78298-2449; The plant site is located approximately on Valley Road near the confluence of the San Antonio and Medina Rivers approximately one mile west of Interstate Highway 37 and 2.25 miles east of Farm-to-Market Road 1937 in Bexar County, Texas; renewal of Permit No. 10137-033.

Stolthaven Houston, Inc., P.O. Box 96438, Houston, Texas 77213-6438; The plant site is located on the north side of the Houston Ship Channel, one mile east of Beltway 8 on the south side of Jacinto Port Boulevard in the City of Houston, Harris County, Texas; renewal of Permit No. 03129.

Pilgrim's Pride Corporation, P.O. Box 93, Pittsburg, Texas 75686; The plant site is located southwest of the City of Mount Pleasant on the north side of Farm-to-Market Road 127 and approximately 500 feet east of Tankersley Creek, Titus County, Texas; major amendment Permit No. 03017.

Texas Department of Criminal Justice, P.O. Box 4011, Huntsville, Texas 77342; The plant site is located outside the northwest corner of the security compound of the Clemens Unit, approximately 0.5 mile north of the intersection of State Highway 36 and Farm-to-Market Road 2004, and approximately 5.0 miles southeast of the City of Brazoria in Brazoria County, Texas; major amendment Permit No. 10878-001.

Domco Inc. Floor Products (Texas), P.O. Box 3145, Houston, Texas 77253-3145; The plant site is located at 1705 North Oliver Street in the City of Houston, Harris County, Texas; major amendment Permit No. 00785.

City of Garland, P.O. Box 469002, Garland, Texas 75046-9002; The plant site is located on the north side of State Highway 66, approximately 2000 feet east of the intersection of State Highway 66 and State Highway 78 in the City of Garland, Dallas County, Texas; renewal Permit No. 03519.

Trailcreek Enterprises, Inc. 264 MM Park, Justin, Texas 76247; The plant site is located approximately 500 feet east of the intersection of Trail Creek and State Highway 156 and 800 feet south of the City of Justin's existing sewage treatment facility in Denton County, Texas; Proposed Permit No. 13928-001.

TRD-9814691

Eugenia K. Brumm, Ph.D.

Chief Clerk

Texas Natural Resource Conservation Commission

Filed: September 16, 1998


Attached are notices of applications for waste disposal/discharge permits issued during the period of August 17, 1998 to August 23, 1998.

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 78711-3087. 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.

GERARD HOEKMAN, Rt.2, Box 161, Dublin, Texas, 78446. This facility is located approximately 8 miles east of Comanche, Texas on the north side of Farm-to-Market Road 591; The site is approximately 1.5 miles east of the intersection of Farm-to-Market Road 1476 and Farm-to-Market Road 591 in Comanche County, Texas; Amendment to Permit No. 03808.

ELMER J. PARKS, Route 1, Box 94, Stephenville, Texas, 76401; This facility is located on the south side of Farm-to-Market Road 8, approximately one mile east of the intersection of Farm-to-Market Road 8 and Farm-to-Market Road 219 in Erath County, Texas; Renewal of Permit No. 03590.

DAR ANDERSON, Route 1 Box 160, Dublin, Texas,76446; This facility is located on an unnamed county road approximately four miles southwest of the intersection of Farm-to-Market Road 2823 and Farm-to-Market Road 1702; Amendment to Permit No. 03279.

DENNIS AND SHERI HAKES, Route 5 Box 198, Dublin, Texas, 76446; This facility is located approximately one half mile south of State Highway 6 on Farm-to-Market Road 914, southeast of the community of Alexander in Erath County, Texas; Amendment to Permit No. 03087.

PAUL VAN LEEUWEN, Rt. 4, Box 195F, Dublin, Texas, 76446; This facility is located on the west side of Farm-to-Market Road 219 approximately 3 miles south of the intersection of Farm-to-Market Road 8 and Farm-to-Market Road 219 in the community of Lingleville, Erath County; New Permit No. 04024.

TRD-9814699

Eugenia K. Brumm, Ph.D.

Chief Clerk

Texas Natural Resource Conservation Commission

Filed: September 16, 1998


Attached are notices of applications for waste disposal/discharge permits issued during the period of August 24, 1998 to August 30, 1998.

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 Clerk's Office-MC105, P.O. Box 13087, Austin, Texas, 78711-3087. 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.

HOUSTON ROAD MUNICIPAL UTILITY DISTRICT, 333 Clay Avenue, 8th Floor, Houston, Texas, 77002; the plant site is located approximately 1.3 miles northwest of the intersection of Farm-to-Market Road 149 (West Mount Houston Road) and Stuebner Airline Road, on the east bank of Halls Bayou in Harris County, Texas; Renewal of Permit No. 11154-001.

CITY OF TOMBALL, 401 W. Market, Tomball, Texas, 77375; The plant site is located south of Holderrieth Road approximately 2,100 feet north of Willow Creek and approximately 4,300 feet east of the intersection of State Highway 249 and Holderrieth Road in Harris County, Texas; New permit, Proposed Permit No. 10616-002.

FRUITVALE INDEPENDENT SCHOOL DISTRICT, P.O. Box 77, Fruitvale, Texas, 75127; The plant site is located approximately 1,200 feet northeast of the intersection of U.S. Highway 80 and Farm-to-Market Road 1910 and approximately 2.1 miles east of the intersection of U.S. Highway 80 and State Highway 19 in Van Zandt County, Texas; Renewal of Permit No. 12369-001.

CITY OF O'DONNELL, P.O. Box 236, O' Donnell, Texas, 79351; The wastewater treatment facilities and disposal site are located immediately west of the intersection of U.S. Highway 87 and Farm-to-Market Road 2053 in Lynn County, Texas; Renewal of Permit No. 11126-001.

CITY OF BLOOMBURG, P.O. Box 198, Bloomburg, Texas, 75556; The plant site is located approximately 200 feet south of the intersection of Anthony and Louisiana Streets in Cass County, Texas; New permit, Proposed Permit No. 13930-001.

CITY OF LAKESIDE CITY, P. O. Box 4287, Wichita Falls, Texas, 76308; The wastewater treatment facilities and disposal site are located approximately 2.5 miles south of the Wichita Falls State Hospital and 7000 feet southeast of the intersection of State Highway 79 and Farm-to-Market Road 1954 in Archer County, Texas; Renewal of Permit No. 13253-001.

FOREST GLEN, INC., No. 3 Forest Glen, Huntsville, Texas, 77340; The plant site is located approximately 6 miles southeast of the intersection of U.S. Highway 190 and Farm-to-Market Road 2296 in Walker County, Texas; Renewal of Permit No. 11844-001.

AUSTWELL AQUA FARM, Inc., P.O. Box 125, Austwell, Texas, 77950; The plant site is located adjacent to Farm-to-Market Road 2040 approximately 3 miles southeast of the City of Austwell, Refugio County, Texas; New permit, Proposed Permit No. 03995.

UNITED STATES DEPARTMENT OF THE AIR FORCE, 47th Civil Engineering Squadron, Laughlin Air Force Base, Texas, 78843; The plant site is located on the southwest section of Laughlin Air Force Base, approximately 2.3 miles northeast of the intersection of U.S. Highway 277 and Spur 317, east of the City of Del Rio, in Val Verde County, Texas; Renewal of Permit No. 12651-001.

TEXAS DEPARTMENT OF TRANSPORTATION, 3128 State Highway 62 North, Orange, Texas, 77632; The plant site is located approximately 3,000 feet east of Cow Bayou, on the south side of Interstate Highway 10 between the cities of Vidor and Orange in Orange County, Texas; Major amendment to Permit No. 11457-001.

AIR LIQUIDE AMERICA CORPORATION, 901 West Oakdale, Grand Prairie, Texas, 75050; The plant site is located at 901 West Oakdale in the City of Grand Prairie, Dallas County, Texas; New permit, Proposed Permit No. 04008.

KEITH BLAIR, #2 Lake Fork Marina, Alba, Texas, 75410; The plant site is located approximately 1.0 mile south of the intersection of Farm-to-Market Roads 515 & 17; approximately 5.0 miles north of the intersection of Farm-to-Market Road 17 and State Highway 182 in Wood County, Texas; Renewal of Permit No. 12960-001.

LAKEWAY MUNICIPAL UTILITY DISTRICT, 1097 Lohmans Crossing Road, Austin, Texas, 78734; The plant site is located approximately 2.0 miles northwest of the intersection of Ranch Road 620 and Lohmans Crossing Road in Travis County, Texas; Major amendment to Permit No. 11495-003.

TEXAS A&M UNIVERSITY, FE Box 275 (MS 1584), College Station, Texas, 77843; The plant site is located between Asbury and Ireland Streets at the Ross Street intersection on the Texas A&M University main campus in the City of College Station, Brazos County, Texas; New permit (Proposed Permit No. 04002).

VARCO SHAFFER, Inc., P.O. Box 1473, Houston, Texas, 77251; The plant site is located at 12950 West Little York, one-fourth mile northeast of the intersection of Addicks Fairbanks Road and West Little York Road, in the City of Houston, Harris County, Texas; New permit, Proposed Permit No. 03994.

CHEMICAL DISTRIBUTORS, INC., 18501 East Highway 6, Algoa, Texas, 77511-8453; The plant site is located 0.9 miles southeast of the Brazoria/Galveston county line on State Highway 6 and southeast of the City of Algoa, Galveston County, Texas; Renewal of Permit No. 03474.

AIR LIQUIDE AMERICA CORPORATION, P. O. Box 2487, Freeport, Texas, 77541; The plant site is located on the west side of Farm-to-Market 523, near the intersection of Farm-to-Market 523 and State Highway 332, approximately two miles north of the City of Freeport, Brazoria County, Texas; Renewal of Permit No. 01954.

BCD SERVICES, INC., P.O. Box 570177, Houston, Texas, 77257; The plant site is located approximately 1500 feet south of U.S. Highway 90, on the eastern bank of Cedar Bayou in Liberty County, Texas; Renewal of Permit No. 12344-001.

HARDIN INDEPENDENT SCHOOL DISTRICT, P.O. Box 330, Hardin, Texas, 77561-0330; The plant site is located on the Hardin ISD High School campus, approximately 900 feet east of the intersection of Pete Miller Road and Berry Road; approximately 1800 feet northeast of the intersection of State Highway 146 and Farm-to-Market Road 834 in Liberty County, Texas; Renewal of Permit No. 13135-001.

AMBER TERMINAL, INC., 3101 North Sylvania, Fort Worth, Texas, 7611; The plant site is located at the northwest corner of the intersection of 28th Street (State Highway Business 183) and North Sylvania Avenue in the City of Fort Worth, Tarrant County, Texas; Renewal of Permit No. 00570.

TEXAS UTILITIES ELECTRIC COMPANY, Energy Plaza, 1601 Bryan Street, Dallas, Texas, 75201-3411; The plant site is located at 5770 Parkdale Drive, on the east side of White Rock Creek at the confluence of Forney Branch and White Rock Creek, in the City of Dallas, Dallas County, Texas; Renewal of Permit No. 01251.

KMCO, INC., P.O. Box 1421, Port Arthur, Texas, 77640; The plant site is located at 2425 South Gulfway Drive, approximately 5 miles southwest of the Port Arthur City Hall, Jefferson County, Texas; Major amendment to Permit No.03544.

LUMBERTON MUNICIPAL UTILITY DISTRICT, P.O. Box 8065, Lumberton, Texas, 77657-8065; The plant site is located on the northeast bank of Boggy Creek, approximately 4000 feet southwest of the intersection of Farm-to-Market Road 421 and U.S. Highway 69 in Hardin County, Texas; Major amendment to Permit No. 11709-002.

RONALD ALLEN BENNER, P.O. Box 263, Palacios, Texas, 77465; The plant site is located where County Road 316 meets Carancahua Bay approximately 3.4 miles south of the intersection of State Highways 35 and 172 and 2.2 miles east of the intersection of State Highway 172 and County Road 316, near the City of Port Alto, Calhoun County, Texas; New permit, Proposed Permit No. 04001.

CYPRESS-KLEIN UTILITY DISTRICT, C/O COATS, ROSE, YALE, HOLM, RYMAN & LEE, P.C., 1001 Fannin, Suite 800, Houston, Texas, 77002-6707; The plant site is located on Crosswood Boulevard approximately 1,500 feet north of Cypress Creek and 3,500 feet north of the intersection of Stuebner-Airline Road and Strack Road in Harris County, Texas; Renewal of Permit No. 11366-001.

KOPPERL INDEPENDENT SCHOOL DISTRICT, P.O. Box 67, Kopperl, Texas, 76652; The plant site is located at 101 Fifth Street approximately 1800 feet east-northeast of the intersection of Farm-to-Market Road 56 and the Burlington Northern/Santa Fe Railroad in the Town of Kopperl, Bosque County, Texas; New permit, Proposed Permit No. 13982-001.

CITY OF BROADDUS, P.O. Box 149, Broaddus, Texas, 75929; The plant site is located approximately 300 feet west of State Highway 147, adjacent to Caney Creek in San Augustine County, Texas; Renewal of Permit No. 11772-001.

TEJAS GIRL SCOUT COUNCIL, Inc., P.O. Box 720907, Dallas, Texas, 75372; The wastewater treatment facilities and disposal site are located approximately 13.2 miles North 36 degrees West from the City of Palestine and on the westerly side of State Highway 19 in Anderson County, Texas; Renewal of Permit No. 11509-001.

CITY OF KENNARD, P.O. Box 115, Kennard, Texas, 75847; The plant site is located on the southeast side of the City of Kennard on a 27 acre tract; on Elm Creek between Pine Prairie Road and Farm-to-Market Road 357 in Houston County, Texas; Renewal of Permit No. 11474-001.

LUTHER'S BAR-B-Q, INC., 2611 FM 1960 West, Suite B-101, Houston, Texas, 77068; The plant site is located at 703 Farm-to-Market Road 1960 West, south of the intersection of Farm-to-Market Road 1960 and Hafer Road, approximately 0.6 mile west of Interstate 45 in Harris County, Texas; Renewal of Permit No. 13963-001.

CAMCO INTERNATIONAL INC., 16140 Waverly Road, Houston, Texas, 77032; The plant site is located on the east side of Waverly Road approximately one-half mile north of the intersection of Grens Road and Waverly Road in the city of Houston, Harris County, Texas; Renewal of Permit No. 03472.

POPE, MARVIN AND JANOICE COBB, Rt. 2, Box 2924, Alba, Texas, 75410; The plant site is located approximately 1,000 feet east of Farm-to-Market Road 17, 4.5 miles north of the intersection of State Highway 182 and Farm-to-Market 17 (City of Alba), between Mustang Bay and Little Mustang Bay of Lake Fork Reservoir in Wood County, Texas; Renewal of Permit No. 13366-001.

PAUL H. KREBS, 11700 Padok Road, Houston, Texas, 77044; The plant site is located at No. 3806 on Farm-to-Market Road 1942 in Harris County, Texas; Renewal of Permit No. 12691-001.

D. L. UTILITIES, Inc., 600 Del Lago Boulevard, Montgomery, Texas, 77356; The plant site is located approximately 3.5 miles east of the intersection of Farm-to-Market Roads 149 and 1097 in Montgomery County, Texas; Renewal of Permit No. 12493-001.

WALNUT COVE WATER SUPPLY CORPORATION, P.O. Box 187, Willis, Texas, 77378; The plant site is located 200 feet east of Lake Conroe on Weir Creek, approximately 2 miles west of Interstate Highway 45 and 1.5 miles north of Farm-to-Market Road 1097 in Montgomery County, Texas; Renewal of Permit No. 12416-001.

ISK MAGNETICS, Inc., P.O. Box 96060, Houston, Texas, 77213-6060; The plant site is located at 2239 Haden Road, east of Haden Road, south of Interstate 10, and north of Greens Bayou, within the extraterritorial jurisdiction of the City of Houston, Harris County, Texas; Renewal of Permit No. 03834.

CITGO REFINING AND CHEMICALS COMPANY L.P., P.O. Box 9176, Corpus Christi, Texas, 78469-0321; The plant site is located at 1801 Nueces Bay Boulevard in the City of Corpus Christi, Nueces County, Texas; Renewal of Permit No. 00467.

UPPER TRINITY REGIONAL WATER DISTRICT, 396 West Main Street, Suite 102, Lewisville, Texas, 75057; The plant site is located on Lakeview Airport Road, adjacent to the west side of the Lewisville Lake, approximately 1.5 miles east of Interstate Highway 35 in Denton County, Texas; Renewal of Permit No. 10698-001.

CITY OF HOUSTON, Department of Public Works and Engineering, P.O. Box 262549, Houston, Texas, 77207-2549; The plant site is located approximately 250 feet south of River Ridge Drive and 3/4 mile west of U.S. Highway 59 in Montgomery County, Texas; Renewal of Permit No. 10495-142.

DOYLE PACK, Route 1, Box 102, Stephenville, Texas, 76401; This facility is located on the north side of Farm-to-Market Road 8, approximately one mile east of the intersection of Farm-to-Market Road 8 and Farm-to-Market Road 219 in Erath County, Texas.

NOVICE CATTLE COMPANY, INC., DON BROOKS AND FRANK BARRETT, Route 4 Box 101, Hereford, Texas, 79045; This facility is located on the west side of U.S. Highway 385, approximately 17 miles north of Hereford, Texas in Deaf Smith County, Texas; New permit (Proposed Permit No. 04016).

MCLEOD FARMS, INC., Box 106, Morse Texas, 79062; The cattle feedlot operation is located on the east side of County Road 7 approximately 2.5 miles northeast of the intersection of Farm-to-Market Road 1598 and Farm-to-Market Road 1923 in Hutchinson County, Texas; Renewal of Permit No. 03245.

CODY RAY ELLIOT AND SHARON SUE JONES, 10600 East F.M. 1912, Amarillo, Texas, 79107; This facility is located on the south side of Farm-to-Market Road 1912 approximately one mile east of the intersection of Farm-to-Market Road 1912 and State Highway 136 in Potter County, Texas; Renewal of Permit No. 03509.

DUMAS CATTLE FEEDERS, INC., HC 1 Box 96A, Dumas, Texas, 79029-9715; This facility is located on the west side of U.S. Highway 287, at the intersection of U.S. Highway 287 and Farm-to-Market Road 119 in Moore County, Texas; Renewal of Permit No. 01532.

TRD-9814700

Eugenia K. Brumm, Ph.D.

Chief Clerk

Texas Natural Resource Conservation Commission

Filed: September 16, 1998


Attached are notices of applications for waste disposal/discharge permits issued during the period of August 31, 1998 to September 5, 1998.

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 Clerk's Office-MC105, P.O. Box 13087, Austin, Texas 78711-3087. 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.

POLK COUNTY FRESH WATER SUPPLY DISTRICT NO. 2, P.O. Box 333, Onalaska, Texas, 77360; The wastewater treatment facility and disposal site are located approximately 3 miles north of Onalaska from the intersection of Farm-to-Market Road 3459 and U.S. Highway 190 in Polk County, Texas; New Permit No. 11298-002.

CITY OF JASPER, P.O. Box 610, Jasper, Texas, 75951-0610; The plant site is located approximately .8 mile east of the intersection of Farm-to-Market Roads 2799 and 777, and approximately 1 mile northeast of the intersection of U.S. Highway 190 and State Highway 63 in Jasper County, Texas; Major Amendment to Permit No. 10197-001.

NEW BRAUNFELS UTILITIES, P.O. Box 310289, New Braunfels, Texas, 78131-0289; The plant site is located approximately 2000 feet south and 3700 feet east of the intersection of Farm-to-Market Road 725 and Interstate Highway 35 in Comal County, Texas; Renewal of Permit No. 10232-001.

CITY OF GILMER, P.O. Box 760, Gilmer, Texas, 75644; The plant site is located on the northern bank of Sugar Creek, approximately 1.4 miles east of U.S. Highway 271 in Upshur County, Texas; Renewal of Permit No. 10457-001.

CITY OF AMHERST, P.O. Box 560, Amherst, Texas 79312; The wastewater treatment facilities and disposal site are located northeast of Amherst, approximately 0.5 mile east and 0.75 mile north of the intersection of Farm-to-Market Road 37 and First Street in Lamb County, Texas; Renewal of Permit No. 10118-001.

HARRIS COUNTY WATER CONTROL & IMPROVEMENT DISTRICT NO. 109, c/o Schwartz, Page and Harding, L.L.P., 1300 Post Oak Boulevard, Suite 1400, Houston, Texas, 77056; The plant site is located at 13415 Bammel-North Houston Road in the City of Houston, 0.57 mile southwest of the intersection of Veterans Blvd. (Stuebner-Airline Road) and Bammel-North Houston Road in Harris County, Texas; Renewal of Permit No. 11026-002.

TRD-9814979

Eugenia K. Brumm, Ph.D.

Chief Clerk

Texas Natural Resource Conservation Commission

Filed: September 22, 1998


Notice of Application to Obtain a Texas Weather Modification License and Declaration of Administrative Completeness

The following applicants seek to obtain a Texas weather-modification license for Fiscal Year 1999, under Texas Water Code Chapter 18 (Texas Weather Modification Act of 1967) and the Rules of the Texas Natural Resource Conservation Commission (TNRCC), 30 TAC Chapter 289.

Application No. E833846 submitted by WEATHER MODIFICATION, INC., 3802 20th Street North, Fargo, North Dakota 58102. The applicant is requesting a renewal to their current 1998 Texas Weather-modification license. The application was received on July 13, 1998. A summary of the information contained in the application includes the names of the meteorologists who are to be in control and in charge of weather-modification operations. The personnel listed on the license application include Patrick H. Sweeney, Dr. Terrence W. Krauss, Fred M. Remer, Dr. Cedric A. Grainger, Dr. William L. Woodley, Daryl O'Dowd, Dr. James Heimbach, Mark Schneider, and Aaron Gilstad.

Application No. #833897 submitted by TEXAS BORDER WEATHER MODIFICATION ASSOCIATION, 232 W. Srickland, Del Rio, Texas 78840. The applicant is requesting a renewal to their current 1998 Texas Weather-modification license. The application was received on July 14, 1998. A summary of the information contained in the application includes the names of the meteorologists who are to be in control and in charge of weather-modification operations. The personnel listed on the license application includes Mr. Aldis Strutins.

Application No. E833458 submitted by NORTH AMERICAN WEATHER CONSULTANTS, 8184 South Highland Drive, Suite C 5, Sandy, Utah 84093. The applicant is requesting a renewal to their current 1998 Texas Weather-modification license. The application was received on July 8, 1998. A summary of the information contained in the application includes the names of the meteorologists who are to be in control and in charge of weather-modification operations. The personnel listed on the license application includes Mark Thompson, Mark Solak, Don Griffith, William Hauze, Einar Hovind, Jack Vowell and Dan Risch.

Application No. 832847 submitted by DOMAINE CORDIER, USA, P. O. Box 146, Fort Stockton, Texas 79735. The applicant is requesting a renewal to their current 1998 Texas Weather-modification license. The application was received on July 1, 1998. A summary of the information contained in the application includes the names of the meteorologists who are to be in control and in charge of weather-modification operations. The personnel listed on the license application includes Mr. Larry Wallace.

Application No. E832996 submitted by HIGH PLAINS UNDERGROUND WATER CONSERVATION DISTRICT NO. 1, 2930 Avenue Q, Lubbock, Texas 79405. The applicant is requesting a renewal to their current 1998 Texas Weather-modification license. The application was received on July 1, 1998. A summary of the information contained in the application includes the names of the meteorologists who are to be in control and in charge of weather-modification operations. The personnel listed on the license application includes Mr. A. Wayne Wyatt, Manager of the District, and Dr. William L. Woodley.

Application No. E834089 submitted by WEST TEXAS WEATHER MODIFICATION ASSOCIATION, 8696 Hangar Road, San Angelo, Texas 76904. The applicant is requesting a renewal to their current 1998 Texas Weather-modification license. The application was received on July 16, 1998. A summary of the information contained in the application includes the names of the meteorologists who are to be in control and in charge of weather-modification operations. The personnel listed on the license application includes Mr. Aldis Strautins.

Application No. E832758 submitted by COLORADO RIVER MUNICIPAL WATER DISTRICT, P. O. Box 869, Big Spring, Texas 79721. The applicant is requesting a renewal to their current 1998 Texas Weather-modification license. The application was received on July 13, 1998. A summary of the information contained in the application includes the names of the meteorologists who are to be in control and in charge of weather-modification operations. The personnel listed on the license application includes Mr. Ray Pat Jones, Project Meteorologist for the district, and John Grant, General Manager of the District.

Application No. 832995 submitted by ATMOSPHERICS INCORPORATED, 5652 E. Dayton Avenue, Fresno, California 93727. The applicant is requesting a renewal to their current 1998 Texas Weather-modification license. The application was received on July 1, 1998. A summary of the information contained in the application includes the names of the meteorologists who are to be in control and in charge of weather-modification operations. The personnel listed on the license application includes Mr. Thomas J. Henderson and Dr. William L. Woodley.

Application No. E835561 submitted by POWELL PLANT FARMS, INC., Route 3, Box 1058, Troup, Texas 75789. The applicant is requesting a renewal to their current 1998 Texas Weather-modification license. The application was received on August 1, 1998, and the Commission's Weather Modification Advisory Committee examined this application and recommended that the license be renewed by the Commission. A summary of the information contained in the application includes the names of the meteorologists who are to be in control and in charge of weather-modification operations. The personnel listed on the license application includes Mr. Larry Wallace.

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, and is contingent upon the applicant paying the license fee and demonstrating competence in the field of meteorology which is reasonably necessary to engage in weather modification and control operations. A permit is required before the licensee can actually begin conducting weather modification and control activities.

The Commission's Weather Modification Advisory Committee, at its July 16, 1998 meeting in Austin, examined the first eight license applications and recommended that the licenses be issued by the Commission. The ninth application was reviewed at a later date. A technical review by agency staff has been done, and the staff also recommend that the licenses be issued.

The Executive Director may approve these applications unless a written hearing request is filed in the Chief Clerk's Office of the TNRCC within 10 days of this Texas Register posting.

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.

TRD-9814978

Eugenia K. Brumm, Ph.D.

Chief Clerk

Texas Natural Resource Conservation Commission

Filed: September 22, 1998


Proposal for Decision

The State Office Administrative Hearing has issued Proposal for Decision and Order to the Texas Natural Resource Conservation Commission on September 1, 1998 on Merlene Mixon dba River Ridge Water Systems; SOAH Docket No. 582-97-1705; TNRCC Docket No. 95-1452-PWS-E. This posting is Notice of Opportunity to comment on Proposal for Decision and Order. Comment period will end 30 days from date of publication.

TRD-9814690

Douglas A. Kitts

Agenda Coordinator

Texas Natural Resource Conservation Commission

Filed: September 16, 1998


Provisionally-Issued Temporary Permits to Appropriate State Water

Listed below are permits issued during the period of August 5, 1998.

Application No. TA-7993 by Champions Hydro-Lawn, Inc. for diversion of 10 acre-feet in a 1 year period for industrial (construction project) use. Water may be diverted from Langham Creek, tributary of Bear Creek, tributary of Buffalo Bayou, tributary of the San Jacinto River, at the stream crossing near the intersection of Hwy. 6 and Little York Rd., approximately 4 miles Northwest of Houston, Harris County, Texas.

Application No. TA-7995 for diversion of 10 acre-feet in a 1 year period for irrigation use. Water may be diverted from Pin Oak Creek, tributary of Richland Creek, tributary of the Trinity River approximately .5 mile South of Hubbard and 20 miles South of Hillsboro, Hill County, Texas.

Application No. TA-7996 by M. Hanna Construction Co., Inc. for diversion of 10 acre-feet in a 1 year period for industrial (earthwork construction) use. Water may be diverted from Lake Tyler off FARM-TO-MARKET ROAD 346, approximately 8 miles Southeast of Tyler and 3 miles East of Whitehouse, Smith County, Texas.

Application No. TA-7997 by Austin Bridge and Road for diversion of 1 acre-foot in a 6 month period for industrial (road maintenance and construction) use. Water may be diverted from the Guadalupe River at the stream crossing of FARM-TO-MARKET ROAD 1340, approximately 12 miles West of Hunt and 23 miles West of Kerrville, Kerr County, Texas, Guadalupe River Basin.

Application No. TA-7998 by Homer L. Boase for diversion of 10 acre-feet in a 1-year period for irrigation use. Water may be diverted from the East Fork Angelina River, Neches River Basin, approximately 20 miles south of Henderson, Rusk County, Texas, near the crossing of FARM-TO-MARKET ROAD 225 and the East Fork Angelina River.

Application No. TA-7999 by Tuttle Construction Inc. for diversion of 9 acre-feet for industrial (road construction) use. Water may be diverted from 1) Balcones Creek, tributary of Cibolo Creek, tributary of the San Antonio River, at the stream crossing of INTERSTATE HIGHWAY-10 approximately 4 miles East of Boerne; 2) Cibolo Creek, Tributary of the San Antonio River, at the intersection of Herff Rd. And Hwy. 46 inside the city limits of Boerne; and 3) Guadalupe River at the stream crossing of Hwy. 1376 approximately 10 miles Northeast of Boerne, Kendall County, Texas.

Application No. TA-8000 by Edmund Jenschke, Inc. for diversion of 10 acre-feet in a 1-year period for industrial (road construction) use. Water may be diverted from the South Fork Guadalupe river at the stream crossing of HWY 39 approximately 2.5 miles Southwest of Hunt and from the Guadalupe River at the stream crossing of HWY 39 in Ingram, Kerr County, Texas, Guadalupe River Basin.

Application No. TA-8002 by D.L. Lennon, Inc. Contractors for diversion of 2 acre-feet in a 1-year period for industrial (road construction) use. Water may be diverted from Brushy Creek, tributary of West Caddo Creek, tributary of Caddo Creek, tributary of Lake Tawakoni, at the stream crossing of FARM-TO-MARKET ROAD 36 approximately 11 miles Southwest of Greenville and 7 miles Northwest of Quinlan, Hunt County, Texas, Sabine River Basin.

Application No. TA-8003 by Jones Bros. Dirt & Paving for diversion of 10 acre-feet in a 6-month period for industrial (road construction) use. Water may be diverted from the Rio Grande River, approximately .5 mile Southwest of Ruidosa, Presidio County, Texas, Rio Grande River Basin.

Application No. TA-8004 by Granite Construction Co. for diversion of 10 acre-feet in a 1 year period for industrial (soil moisture control) use. Water may be diverted from a reservoir on Little Tehuacana Creek, tributary of Tehuacana Creek, tributary of the Trinity River, 0.25 mile East of CONTACT RECREATION 1051, approximately 1.5 miles North of Kirvin, Freestone County, Texas, Trinity River Basin.

Application No. TA-8005 by Granite Construction Co. for diversion of 10 acre-feet in a 1 year period for industrial (soul moisture control) use. Water may be diverted from a reservoir on Grindstone Creek, tributary of Caney Creek, tributary of Tehuacana Creek, tributary of the Trinity River, 0.25 mile North of C R 1080, approximately 1.5 miles East of Kirvin, Freestone County, Texas, Trinity River Basin.

Application No. TA-8006 by Granite Construction Co. for diversion of 10 acre-feet in a 1 year period for industrial (soil moisture control) use. Water may be diverted from a reservoir on Caney Creek, tributary of Tehuacana Creek, tributary of the Trinity River, 0.25 mile South of CONTACT RECREATION 1080 and 0.5 mile West of I-45, approximately 4 miles Northwest of Fairfield, Freestone County, Texas, Trinity River Basin, Texas.

Application No. TA-8007 by Granite Construction Co. for diversion of 10 acre-feet in a 1 year period for industrial (soil moisture control) use. Water may be diverted from a reservoir on Cottonwood Creek, tributary of Tehuacana Creek, tributary of the Trinity River, 0.25 mile South of CONTACT RECREATION 1080 and 0.25 mile West of US 75, approximately 3 miles Northwest of Fairfield, Freestone County, Texas, Trinity River Basin.

Application No. TA-8008 by Granite Construction Co. for diversion of 10 acre-feet in a 1 year period for industrial (soil moisture control) use. Water may be diverted from a reservoir on Walnut Creek, tributary of Cottonwood Creek, tributary of Tehuacana Creek, tributary of the Trinity River, 0.5 mile East of FARM-TO-MARKET ROAD 2547, approximately 2.5 miles North of Fairfield, Freestone County, Texas, Trinity River Basin.

Application No. TA-8009 by Texas Parks and Wildlife for diversion of 10 acre-feet in a 1 year period for irrigation (irrigate less than 2 acres of spillway) use. Water may be diverted from the Alazan Bayou, tributary of Morral Creek, tributary of the Angelina River, near the stream crossing of the pipeline Right-Of-Way 0.3 mile South of FARM-TO-MARKET ROAD 628, approximately 9.5 miles South of Nacogdoches, Nacogdoches County, Texas, Neches River Basin.

Application No. TA-8010 by Bilma Public Utility District for diversion of 10 acre-feet in a 1 year period for irrigation (irrigation of Esplanades within a sub-division) use. Water may be diverted from an Unnamed tributary of Spring Gulley, tributary of Cypress Creek, tributary of the San Jacinto River at the stream crossing of the T.C. Jester Blvd. Public Right-Of-Way, approximately 25 miles Northwest of Houston and 6 miles Southwest of Spring, Harris County, Texas, San Jacinto River Basin.

Application No. TA-8011 by Natural Gas Pipeline Co. Of America for diversion of 10 acre-feet in a 6 month period for industrial (hydrostatic testing) use. Water may be diverted from the Neches River 3 miles downstream of the stream crossing HWY 59, approximately 4 miles South of Diboll, Angelina County Texas, Neches River Basin.

Application No. TA-8012 by Natural Gas Pipeline Co. Of America for diversion of 10 acre-feet in a 6 month period for industrial (hydrostatic testing) use. Water may be diverted from Caney Creek, tributary of the San Jacinto River, at the stream crossing of FARM-TO-MARKET ROAD 1485 (Natural's Compressor Station Site), approximately 26 miles Southeast of Conroe, Montgomery County, Texas, San Jacinto River Basin.

Application No. TA-8013 by Natural Gas Pipeline Co. Of America for diversion of 10 acre-feet in a 6 month period for industrial (hydrostatic testing) use. Water may be diverted from the East Fork San Jacinto, tributary of the San Jacinto River, at the stream crossing of HWY 59, approximately 4 miles South of Cleveland, Liberty County, Texas, San Jacinto River Basin.

Application No. TA-8014 by Shuler Drilling Co., Inc. for diversion of 2 acre-feet in a 6 month period for industrial (drilling a gas well) use. Water may be diverted from McFadden Creek tributary of the Sabine River, at the stream crossing of FARM-TO-MARKET ROAD 699 approximately 15 miles Southeast of Carthage and 1.5 miles Southeast of Old Center, Panola County, Texas, Sabine River Basin.

Application No. TA-8015 by Hayes County for diversion of 10 acre-feet in a 1 year period for industrial (road repair and maintenance) use. Water may be diverted from the Blanco River within Hays County, Texas, Guadalupe River Basin, shown on a map submitted with the application.

Application No. TA-8016 by Natural Gas Pipeline Co. Of America for diversion of 10 acre-feet in a 6 month period for industrial (hydrostatic testing) use. Water may be diverted from Piney Creek, tributary of the Neches River, at the Public Right-Of-Way on FARM-TO-MARKET ROAD 1987, approximately 4 miles Northeast of Corrigan, Polk County, Texas, Neches River Basin.

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.

TRD-9814689

Eugenia K. Brumm, Ph.D.

Chief Clerk

Texas Natural Resource Conservation Commission

Filed: September 16, 1998


Public Notice of Settlement Agreement

AGENCIES: Texas Natural Resource Conservation Commission, the Texas Parks and Wildlife Department, and the Texas General Land Office; hereafter collectively referred to as the "Natural Resource Trustees."

ACTION: Notice of Availability of a proposed Settlement Agreement and Restoration Plan and a 30-day period for public comment.

SUMMARY: Notice is hereby given of the following proposed resolution of the claim for natural resource damages under the Oil Pollution Act of 1990 and the Texas Oil Spill Prevention and Response Act.

The Natural Resource Trustees have reached a proposed agreement with Citgo Pipeline Company (Citgo) to resolve Citgo's liability for injuries to natural resources and ecological services they provide caused by a discharge of crude oil into the waters of the State of Texas.

On June 26, 1996, a 20-inch crude pipeline belonging to Citgo ruptured, losing in excess of 300 barrels of light sour crude oil, approximately 5 miles WNW of the City of Vidor, Orange County, Texas. The discharge occurred where the pipeline crosses over the City of Beaumont's fresh water canal, Bunns Canal, which is located 3/4 of a mile east of the Neches River. The discharge was generally contained approximately 1500 feet downstream, in the western narrow channel of Lake Bayou. The discharge affected a cypress tupelo wetland and logging channel, located east of the Neches River and the Big Thicket National Preserve, and impaired the ecological services provided by the wetland. Trustees documented injuries to natural resources, including fish mortality, vertebrate and invertebrate mortality, oiled surface waters and riparian vegetation, and a water column injury. In addition, the cleanup operations required the closure of a camping area and boat ramp. Because the quantity and concentration of the released oil resulted in injury to trust resources, the Natural Resource Trustees are seeking compensation for natural resource damages.

The proposed Settlement Agreement and Restoration Plan require Citgo to acquire the equivalent of the injured natural resources. Citgo's acquisition of a 26.2 acre tract of land, known as the Pine Island Bayou Property, and transfer of the property to the Big Thicket National Preserve (Preserve) will adequately compensate for natural resource damages. A term of the transfer is that the Preserve accept the property and maintain it in perpetuity. It has been determined by the Natural Resource Trustees that perpetuity and land use issues are addressed under the Preserve's regulations, land use classifications, and statutory protection.

Citgo is required to pay all costs associated with the acquisition and transfer of the Pine Island Bayou property. Citgo is also required to pay all past natural resource damage assessment costs and future Natural Resource Trustee oversight costs. Terms of the transfer to the public entity are described in the Settlement Agreement.

The opportunity for public review of the proposed Settlement Agreement and attached Restoration Plan is required under applicable state and federal law. Interested members of the public may obtain a copy of the proposed Settlement Agreement and Restoration Plan by contacting Charles Brigance, Texas Natural Resource Conservation Commission, P.O. Box 13087 (MC-142), Austin, Texas 78711-3087, (512) 239-2238. All written comments will be considered by the Natural Resource Trustees prior to finalizing any settlement agreement or restoration plan. Comments must be received by 5:00 p.m. on November 1, 1998.

TRD-9815002

Margaret Hoffman

Director, Environmental Law Division

Texas Natural Resource Conservation Commission

Filed: September 23, 1998


Texas State Board of Pharmacy

Cancellation of Meeting of Task Force on Pharmacists' Working Conditions and Their Impact on the Public Health

The Texas State Board of Pharmacy announces that the Wednesday, October 7, 1998, meeting for the Task Force on Pharmacists' Working Conditions and Their Impact on the Public Health has been canceled and is subject to rescheduling at a later date.

TRD-9814729

Gay Dodson, R.Ph.

Executive Director/Secretary

Texas State Board of Pharmacy

Filed: September 16, 1998


Notification of Meeting of Task Force on Pharmacists' Working Conditions and Their Impact on the Public Health

The Texas State Board of Pharmacy announces that the Task Force on Pharmacists' Working Conditions and Their Impact on the Public Health will meet Wednesday, November 4, 1998. The meeting will be held in Tower 2, Room 2-225, William P. Hobby, Jr. State Office Building, 333 Guadalupe Street, Austin, Texas at 9:30 a.m. Any questions regarding this meeting should be directed to Allison Benz, R.Ph., Enforcement Officer, at 512/305-8037.

TRD-9814728

Gay Dodson, R.Ph.

Executive Director/Secretary

Texas State Board of Pharmacy

Filed: September 16, 1998


Temporary Restraining Order

On September 15, 1998, the Honorable Pete Lowry, Judge for the 98th District court of Travis County, Texas ordered that the Board, as well as Gay Dodson in her capacity as Executive Director of the Board, be and hereby commanded forthwith to desist and refrain from:

(1) enforcing or attempting to enforce the Board's proposed rule amending its current rule §309.3, (which would create new requirements for certain drugs designated as NTI drugs) from the date of the entry of this Order and to the 14th day after entry or until further order of this Court;

(2) notifying pharmacists in the State of Texas of the purported adoption of the proposed rule from the date of entry of this Order until and to the 14th day after entry or until further order of this Court; and

(3) allowing the proposed rule to become effective from the date of entry of this Order until and to the 14th day after entry or until further order of this Court.

TRD-9814731

Gay Dodson, R.Ph.

Executive Director/Secretary

Texas Board of Pharmacy

Filed: September 16, 1998


Public Utility Commission of Texas

Applications to Introduce New or Modified Rates or Terms Pursuant to P.U.C. Substantive Rule §23.25

Notice is given to the public of an application filed with the Public Utility Commission of Texas on September 15, 1998 to introduce new or modified rates or terms pursuant to P.U.C. Substantive Rule §23.25, Procedures Applicable to Chapter 58-Electing Incumbent Local Exchange Companies (ILECs).

Tariff Title and Number: Notification of Southwestern Bell Telephone Company (SWBT) to Revise the Access Service Tariff to Remove all References to 10XXX Access Codes, Pursuant to Substantive Rule §23.25. Tariff Control Number 19856.

The Application: SWBT is proposing to revise its access service tariff to include the full conversion from three-digit Feature Group D Carrier Identification Codes (CICs) to four-digit codes in the access service tariff. These changes are in conjunction with the Federal Communication's Order in the Matter of Administration of the North American Numbering Plan Carrier Identification Codes (CICs), CC Docket Number 92-237, released April 11, 1997 and FCC 97-386, released October 22, 1997, Paragraph 20, and removes all references to 10XXX access codes in the tariff.

Persons who wish to intervene in this proceeding 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 by October 7, 1998. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136.

TRD-9814780

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: September 17, 1998


Notice is given to the public of an application filed with the Public Utility Commission of Texas on September 17, 1998 to introduce new or modified rates or terms pursuant to P.U.C. Substantive Rule §23.25, Procedures Applicable to Chapter 58-Electing Incumbent Local Exchange Companies (ILECs).

Tariff Title and Number: Notification of Southwestern Bell Telephone Company (SWBT) to Institute Promotional Rates for New Business Local Plus Customers Pursuant to Substantive Rule §23.25. Tariff Control Number 19868.

The Application: SWBT is instituting promotional rates for new Local Plus business customers in Texas who subscribe to Local Plus service between October 9, 1998 and January 4, 1999. During the promotional period, business customers who subscribe to two or more EACS plans marketed as "Local Plus" and commit to keep the plans for 12 months will receive a one- time credit equivalent to three months' EACS payments on each of the new EACS plans. This plan is only available to new or existing business customers who do not currently subscribe to Local Plus.

Persons who wish to intervene in this proceeding 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 by October 8, 1998. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136.

TRD-9814955

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: September 22, 1998


Notice is given to the public of an application filed with the Public Utility Commission of Texas on September 18, 1998 to introduce new or modified rates or terms pursuant to P.U.C. Substantive Rule §23.25, Procedures Applicable to Chapter 58-Electing Incumbent Local Exchange Companies (ILECs).

Tariff Title and Number: Notification of Southwestern Bell Telephone Company (SWBT) to Institute Promotional rates for MaxiMizer TM 800 5-Hour Block Plan Pursuant to Substantive Rule §23.25. Tariff Control Number 19873.

The Application: SWBT is instituting promotional rates for business customers newly subscribing to a twelve month subscription to the MaxiMizer TM 800 5-Hour Block Plan between October 10, 1998 and January 7, 1999. During the promotional period, new twelve-month subscribers of the 5-Hour Block Plan will receive a one-time credit of $60, which is equal to the 12 months of the recurring $5.00 charges for subscription to the MaxiMizerTM 800 5-Hour Block Plan.

Persons who wish to intervene in this proceeding 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 by October 8, 1998. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136.

TRD-9814982

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: September 22, 1998


Notice is given to the public of an application filed with the Public Utility Commission of Texas on September 18, 1998 to introduce new or modified rates or terms pursuant to P.U.C. Substantive Rule §23.25, Procedures Applicable to Chapter 58-Electing Incumbent Local Exchange Companies (ILECs).

Tariff Title and Number: Notification of Southwestern Bell Telephone Company (SWBT) to Revise the Cellular Mobile Telephone Interconnection Tariff and to Introduce the Wireless sage Study Service Pursuant to Substantive Rule §23.25. Tariff Control Number 19874.

The Application: SWBT is revising its' Cellular Mobile Telephone Interconnection Tariff to include the introduction of a new Wireless Usage Study service and the removal of an obsolete footnote associated with originating circuits. The final change is a policy revision that will allow wireless carriers to terminate their facilities at the premises of another telecommunications carrier, which eliminates the previous restriction.

Persons who wish to intervene in this proceeding 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 by October 14, 1998. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136.

TRD-9814983

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: September 22, 1998


Notices of Intent to File Pursuant to P.U.C. 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 to provide Asynchronous Transfer Mode/User-to-Network Interface (ATM/UNI) Service to the Renaissance Charter School located in Irving, Texas.

Tariff Title and Number: GTE-Southwest, Inc.'s (GTE-SW) Notice of Intent to File a Customer-Specific Contract to Provide ATM/UNI Service to the Renaissance Charter School located in Irving, Texas, Pursuant to P.U.C. Substantive Rule §23.27. Tariff Control Number 19876.

The Application: GTE-SW intends to file an application on or around September 28, 1998 to provide ATM/UNI Service to Renaissance located in Irving, Texas. The ATM/UNI service which GTE-SW proposes to offer Renaissance is a high-speed private line service which offers a customer the unique ability to combine multiple service types-voice, video and data onto a single physical access circuit. UNI is used as an interface between the ATM customer's premise equipment and the GTE-SW ATM network switch. GTE-SW proposes to offer this service in the Irving, Texas exchange.

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.

TRD-9814984

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: September 22, 1998


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 an addition to the existing PLEXAR-Custom service for Tarrant County in Fort Worth, Texas.

Tariff Title and Number: Southwestern Bell Telephone Company Notice of Intent to File an Addition to the Existing PLEXAR-Custom Service for Tarrant County in Fort Worth, Texas Pursuant to P.U.C. Substantive Rule §23.27. Tariff Control Number 19867.

The Application: Southwestern Bell Telephone Company is requesting approval for an addition to the existing PLEXAR-Custom service for Tarrant County in Fort Worth, Texas. PLEXAR-Custom service is a central office-based PBX-type serving arrangement designed to meet the specific needs of customers who have communication system requirements of 75 or more station lines. The designated exchange for this service is the Fort Worth exchange, and the geographic market for this specific PLEXAR-Custom service is the Dallas LATA.

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.

TRD-9814954

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: September 22, 1998


Notice of Public Hearing Relating to Truth in Telecommunications Billing; Avoidance of Unauthorized Billing Charges

The Public Utility Commission of Texas will conduct a public hearing in rulemaking Project Number 19516, Truth in Telecommunications Billing; Avoidance of Unauthorized Billing Charges ("Cramming") pursuant to the Administrative Procedure Act, Texas Government Code §2001.029, at 9:30 a.m. on Wednesday, October 28, 1998. This public hearing will be conducted in the commissioners' hearing room located on the seventh floor of the William B. Travis Building, 1701 N. Congress Avenue, Austin, Texas 78701.

The public hearing will focus on proposed new rule §26.45 concerning cramming as published in the August 28, 1998 issue of the Texas Register (23 TexReg 8784).

If you have any questions in regards to this proceeding, contact Jo Alene Kirkel, Office of Customer Protection, at (512) 936-7144.

TRD-9814956

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: September 22, 1998


Public Notice of Amendment to Interconnection Agreement

On September 14, 1998, Southwestern Bell Telephone Company and Time Warner Telecom of Texas, L.P., collectively referred to as applicants, filed a joint application for approval of an amendment to an existing interconnection agreement under §252(i) of the federal Telecommunications Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered sections of 15 and 47 United States Code) (FTA) and the Public Utility Regulatory Act, Texas Utilities Code Annotated §§11.001-63.063 (Vernon 1998) (PURA). The joint application has been designated Docket Number 19851. The joint application and the underlying interconnection agreement are available for public inspection at the commission's offices in Austin, Texas.

The commission must act to approve the interconnection agreement within 35 days after it is submitted by the parties.

The commission finds that additional public comment should be allowed before the commission issues a final decision approving or rejecting the amendment to the interconnection agreement. Any interested person may file written comments on the joint application by filing 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 19851. 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 15, 1998, and shall include:

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

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

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

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

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

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

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

Persons with questions about this project or who wish to comment on the joint application should contact the Public Utility Commission of Texas, 1701 North Congress Avenue, P. O. Box 13326, Austin, Texas 78711-3326. You may call the Public Utility Commission Office of Customer Protection at (512) 936-7120. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Docket Number 19851.

TRD-9814950

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: September 22, 1998


Public Notices of Interconnection Agreement

On September 14, 1998, Southwestern Bell Telephone Company and Communications Pearl, L.L.C., 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, Texas Utilities Code Annotated §§11.001-63.063 (Vernon 1998) (PURA). The joint application has been designated Docket Number 19852. 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 §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 §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 19852. 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 21, 1998, 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 §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 19852.

TRD-9814951

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: September 22, 1998


On September 15, 1998, Southwestern Bell Telephone Company and Northpoint Communication, Inc., 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, Texas Utilities Code Annotated §§11.001-63.063 (Vernon 1998) (PURA). The joint application has been designated Docket Number 19858. 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 §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 §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 19858. 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 21, 1998, 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 §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 19858.

TRD-9814952

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: September 22, 1998


On September 16, 1998, American Telco, Inc. and GTE Southwest, Inc., collectively referred to as applicants, filed a joint application for approval of an interconnection agreement under §252(i) of the federal Telecommunications Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered sections of 15 and 47 United States Code) (FTA) and the Public Utility Regulatory Act, Texas Utilities Code Annotated §§11.001-63.063 (Vernon 1998) (PURA). The joint application has been designated Docket Number 19860. The joint application and the underlying interconnection agreement are available for public inspection at the commission's offices in Austin, Texas.

The commission must act to approve the interconnection agreement within 35 days after it is submitted by the parties.

The commission finds that additional public comment should be allowed before the commission issues a final decision approving or rejecting the interconnection agreement. Any interested person may file written comments on the joint application by filing 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 19860. 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 15, 1998, and shall include:

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

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

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

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

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

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

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

Persons with questions about this project or who wish to comment on the joint application should contact the Public Utility Commission of Texas, 1701 North Congress Avenue, P. O. Box 13326, Austin, Texas 78711-3326. You may call the Public Utility Commission Office of Customer Protection at (512) 936-7120. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Docket Number 19860.

TRD-9814953

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: September 22, 1998


Railroad Commission of Texas

Invitation for Bids

The Railroad Commission of Texas, Surface Mining and Reclamation Division (Commission), is soliciting bids for the closure of 26 mine openings at the Lone Star-Mariposa (Phase 2) Abandoned Mine Land (AML) Project site. The site is located 4.3 miles west of Terlingua, Texas, in Brewster County.

As the designated state agency for implementation of the "Surface Mining Control and Reclamation Act of 1977 "(30 U.S.C.A. Section 1201 et seq. ), the Commission will award a unit price, fixed price contract to the lowest and best bidder for completion of this work. Sealed bids will be received until 2:00 p.m., November 18, 1998, at which time the bids will be publicly opened and read at the address given below. A mandatory pre-bid conference will be held at the site at 9:00 a.m., October 21, 1998, 1998. Construction work item will include:

(1) Mobilization

(2) Two Bat Gate Closures

(3) Ten Steel Grated Shaft Closures

(4) Two Corrugated Steel Pipe Installation

(5) Three Cable Net Closures

(6) Six Mortared Rock Wall Closures

(7) Three Backfill Closures

Copies of the specifications, drawings and other contract documents are on file in Austin at the following address. The complete bid package may be obtained from the following mailing address. Lone Star-Mariposa (Phase 2)) AML Project; Surface Mining and Reclamation Division; Railroad Commission of Texas; P.O. Box 12967; 1701 N. Congress Avenue (11-150E); Austin, Texas 78711-2967; Attn: Mark J. Rhodes, Assistant Director All questions concerning the work or bid document must be received by 5:00 p.m., November 4, 1998. For additional information call Mark Rhodes at (512) 305-8834.

TRD-9815014

Mary Ross McDonald

Deputy General Counsel, Office of General Counsel

Railroad Commission of Texas

Filed: September 23, 1998


Records Management Interagency Coordinating Council

Report Due on State Electronic Records

A draft of the Electronic Records Research Report is available for comment. This notice contains the report's introduction and its table of contents. To obtain the complete text of the report write to Department of Information Resources, P.O. Box 13564, Austin, TX 78711-3564. The report also is available at this web site: http://www.tyc.state.tx.us/errc.

Please send comments and questions about the report to the mailing address above or email: martha.richardson@dir.state.tx.us. Deadline for comments is October 9, 1998.

Introduction to the Report.

Senate Bill 897 of the 75th Legislature requires the Records Management Interagency Coordinating Council (RMICC) to form a research group to study the challenges introduced by digital formats to the management of state records and to public access to state government information. The charge is to study:

• The functional requirements for keeping and archiving records in an electronic format

• Possible cost-effective guidelines for using records in an electronic format

• A possible policy for state government's archiving of records in an electronic format

• Possible standards and policies for formatting information in an electronic format

• Feasible ways to develop a searchable database that contains state agency documents in an electronic format.

In September, 1997, RMICC established the Electronic Records Research Committee (ERRC) to conduct research into the five charges given above. Co-chairs were named from the Department of Information Resources and the Texas State Library and Archives Commission. Four focus groups were formed to look at the issues. The focus groups, chaired by ERRC members, held semi-monthly meetings, reporting findings to the main committee at monthly meetings. An electronic list and a web site were established to foster communication among the members.

After researching and discussing the issues, the ERRC decided to present its findings and make its recommendations in three broad categories that encompass the five charges presented by the Legislature. Recommendations are presented for managing records in digital formats, adopting functional requirements for managing records in digital formats, and making agency information available to the public in digital formats. Each area involves standards and policies and cost-effective guidelines.

In the early 1940's the proliferation of paper created a need for more and more file cabinets. Records management policies came into being to contain the unnecessary expense of keeping everything indefinitely and to protect the longevity of information having enduring value for legal, historical, or research purposes. We are in the same situation now with electronic records. More and larger electronic storage units are purchased to handle data that may or may not have continuing value for government business. Lack of appropriate classification schemes for electronic data allows valuable records to be lost and useless records to be kept. Typical IT management practices regain storage space by deleting files that have not been accessed for some specified time period, without regard to the value or necessity of the information contained within the file. Retention periods should be set for state records in all records media, including electronic formats, based on government business function.

The ERRC's recommendations allow better coordination among records management and information systems staff within agencies to ensure that appropriate measures are taken to manage and provide access to information in electronic formats.

Table of Contents.

Members of the Electronic Records Research Committee

Fiscal Impact Summary.

I. Managing Electronic Records in Compliance with Standards and Legal Requirements.

II. Establishing Functional Requirements For Keeping And Archiving Records In An Electronic Format.

III. Making State Agency Documents In Digital Formats Readily Available To And Easily Located By The Public.

IV. Continuing the study requested by Section 4 of Acts 1997, 75th Legislature, Chapter 1186.

Glossary.

Bibliography.

Appendices:

Functional Requirements for Managing Electronic Records (Draft).

Factors in Determining Cost Effectiveness of Electronic Records (Draft).

TRD-9815187

Dan Procter

Liaison

Records Management Interagency Coordinating Council

Filed: September 28, 1998


Research and Oversight Council on Workers' Compensation

Request for Proposals

The Research and Oversight Council on Workers' Compensation invites proposals from qualified and experienced firms and institutions for the purpose of administering a survey which provides data on the quality and access of medical care received by injured workers. This notice constitutes the entire Request for Proposal and contains all requirements necessary for an appropriate response.

Description of Services. Under this request the Research and Oversight Council plans to procure the services of a qualified firm or institution to perform the following duties: 1) the administration and completion of 1,200 telephone surveys of injured workers; 2) the completion of those surveys using five "call-backs" when necessary; 3) the drafting of a brief (maximum of five pages) report which describes the general methodology used and any major problems encountered in the administration of the survey, along with any caveats or other observations about the use of the data gathered from the survey.

Descriptions of Provisions. The Research and Oversight Council will provide a random sample of injured workers drawn from the population of injured workers who had the same medical diagnoses and were injured during 1995 or 1996. It should be noted that past experience has shown that 15 to 20 percent of injured workers' telephone numbers listed within the sample are invalid numbers and/or missing. Thus, a methodology for locating such injured workers when needed should be included in the proposal.

The Research and Oversight Council will also provide a pre-tested survey instrument consisting of approximately 40-45 questions which will be used in the administration of the survey described in this proposal. No single respondent to this survey, however, will have to answer all 40-45 of those questions.

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

Project deliverables, at a minimum, will include:

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

b) Response frequencies on all questionnaire items;

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

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

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

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

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

c) a detailed budget of all costs;

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

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

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

Closing Date. The written proposal must be received by the Research and Oversight Council by 2:00 p.m. on October 16, 1998. Send proposals to Scott McAnally, Executive Director, Research and Oversight Council on Workers' Compensation, 105 West Riverside Drive, Suite 100, Austin, Texas 78704. Proposals can be sent via facsimile to 512/469-7481. Hand-delivered proposals will be accepted daily between 8:00 a.m. and 5:00 p.m. except Saturdays, Sundays, and holidays at the same address. Proposals received after the deadline will not be eligible for consideration. Proposers may be requested to make oral presentations of their proposals at their own expense.

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

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

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

It is anticipated that the contract period will be from November 2, 1998 through November 23, 1998. The amount of the award will be commensurate with services provided.

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

Contact Point. Any questions regarding this Request for Proposals should be directed to Amy Lee, Research Specialist, at 512/469-7811.

TRD-9815003

Scott McAnally

Executive Director

Research and Oversight Council on Workers' Compensation

Filed: September 23, 1998


Texas Department of Transportation

Public Notice

Pursuant to Transportation Code, §21.111, and Title 43, Texas Administrative Code, §30.209, the Texas Department of Transportation will conduct a public hearing to receive comments from interested parties concerning proposed approval of: statewide air service study.

The public hearing will be held at 9:00 a.m. on Friday, October 9, 1998, at 150 East Riverside, South Tower, 5th Floor Conference Room, Austin, Texas 78704. Any interested person may appear and offer comments, either orally or in writing, however, questioning of those making presentations will be reserved exclusively to the presiding officer as may be necessary to ensure a complete record. While any person with pertinent comments will be granted an opportunity to present them during the course of the hearing, the presiding officer reserves the right to restrict testimony in terms of time and repetitive content. Organizations, associations, or groups are encouraged to present their commonly held views, and same or similar comments, through a representative member where possible. Persons with disabilities who have special communication or accommodation needs and who plan to attend the hearing 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 Eloise Lundgren, Director, Public Information Office, 125 E. 11th St., Austin, Texas 78701-2483, (512) 463-8588 at least two working days prior to the hearing so that appropriate arrangements can be made.

For additional information please contact Suetta Murray, Aviation Division, 150 East Riverside, Austin, Texas 78704, (512) 416-4504.

TRD-9814999

Bob Jackson

Acting General Counsel

Texas Department of Transportation

Filed: September 23, 1998


Request for Proposal

In accordance with Transportation Code, Chapter 455, the Texas Department of Transportation (TxDOT) is requesting proposals to develop and support intercity bus service within Texas. Specifically, funding for intercity bus service is to strengthen the connection between nonurbanized areas and the larger regional or national system of intercity bus service; to support services to meet the intercity travel needs of residents in nonurbanized areas; and to support the infrastructure of the intercity bus network through planning and marketing assistance and capital investment in facilities.

For purposes of this RFP, the term "firm" is defined to include members of the intercity bus industry and local public bodies and agencies. The applicant must have the authority to enter into an agreement with TxDOT. Projects will be funded with grants of Federal Transit Administration funds (Section 5311f) which can provide up to 80% of the cost of capital projects. The remaining balance must be from local funds. No state appropriated funds will be available as match for the federal funds. Funds will be distributed on a reimbursement basis and must be obligated within one year from the date of award. All work must be completed within a specified time period from the date the contract is executed. The contract period is one year for mobility aid projects, marketing activities, and service planning, and two years for facility projects.

Description of Service. TxDOT has identified eligible projects in consultation with members of the public transportation industry and the intercity bus industry for the construction, rehabilitation, maintenance, or acquisition of public transit facilities; the incremental costs of modification of over the road coaches to board, secure, and transport the disabled; marketing activities aimed at increasing public awareness and ridership of intercity bus transportation; and service planning for the purpose of evaluating existing and future service.

Proposals for public transit facilities must include open and equal access for all intercity bus carriers serving the community and at least one of the following: passenger rail, urbanized public transit, rural public transit, or common carrier air passenger service. The community must currently have the type of passenger service proposed. TxDOT can provide up to 80% of the cost of construction, rehabilitation, maintenance, or purchase of public transit facilities. The appraised value of the land may be applied toward the local match. Section 5311f funding for capital projects in urbanized areas (population greater than 50,000) is limited to those aspects of the project which can be identified as directly benefiting and supporting service to and from nonurbanized areas (population less than 50,000).

Proposals for over the road coaches are limited to the incremental costs of the mobility aid assistance modifications necessary to transport the mobility impaired. Eligible activities may include but are not limited to mobility aid lifts, securement devices, and onboard restroom accommodations. TxDOT can pay up to 80% of the costs of the mobility aid modifications on currently owned or leased over the road coaches, or will pay up to 100% of the costs of the mobility aid modifications of new over the road coach purchases (not to exceed 20% of the total cost of the vehicle including modifications).

Proposals for marketing activities may include but are not limited to television, radio, and print media advertising; billboards and signs; market research; route maps and schedules; information kiosks; and promotions and special events. TxDOT can provide up to 80% of the cost of marketing activities for the purpose of increasing public awareness and ridership of intercity bus transportation.

Proposals for service planning may include but are not limited to route feasibility and route realignment studies. TxDOT can provide up to 80% of the cost of service planning aimed at increasing efficiency and intercity bus ridership.

Budget. Funds to enhance intercity bus service in Texas are to be drawn from "set aside" dollars from the Federal nonurbanized public transportation.

Evaluation Criteria. Public Transit Facilities: Preference will be given to projects located in areas with population less than 200,000 and an increased number of transportation mode choices (transit, air, rail, etc.). Funds are available for construction to include rehabilitation of terminals. Rehabilitation may include modifications required to make terminals accessible to the disabled, roof renovation, and heating and air conditioning modernization. No funds for current or future terminal operations will be available.

Projects must comply with all local, state, and federal laws and rules, including environmental clearances. The finished facility must be owned by the firm, including private bus companies providing scheduled service, submitting the proposal. Land must be clear of liens and owned by the firm prior to the beginning of any construction activity.

Proposals for public transit facilities will be evaluated on the following merits:

1. Cost of improvement - Number of passengers served annually divided by the cost of the project (25 points).

2. Terminal(s) located in area(s) with population less than 200,000 (20 points).

3. Number of different transportation modes using the terminal (25 points).

4. Number of passenger amenities in completed terminal project (15 points).

5. Percent of local share (15 points).

Mobility Aid Modifications. Preference will be given to proposals which increase the number of disabled passengers served. Modifications should be such that passengers requiring the use of mobility aids can safely enter and be secured. Modifications to existing vehicles should be done as part of a total rehabilitation to extend the life of the vehicle.

Proposals for mobility aid modifications will be evaluated on the following merits:

1. Projected increase in number of disabled passengers - Disabled passengers served annually divided by number of passengers served annually (25 points).

2. Work with other public transit and intercity providers (10 points).

3. Percentage of fleet to be converted (10 points).

4. Project goals and objectives clearly defined (20 points).

5 Improvement of customer service (20 points).

6. Percent of local share (15 points).

Marketing Activities. Preference will be given to projects which target and clearly define a specific market segment and projects which improve intercity customer service.

Proposals for marketing activities will be evaluated on the following merits:

1. Scope of project clearly defined (20 points).

2. Work with other public transit and intercity providers (10 points).

3. Cost of reaching target audience. Target audience population divided by project cost (15 Points).

4. Improvement of customer service (20 points).

5. Project implementation timetable (20 points).

6. Percent of local share (15 points).

Service Planning. Preference will be given to projects with a higher return on investment and clearly defined goals and objectives.

Proposals for service planning will be evaluated on the following merits:

1. Project goals and objectives clearly defined (20 points).

2. Work with other public transit and intercity providers (10 points).

3. Projected return on investment. - Increase in revenue divided by project cost (35 Points).

4. Project implementation timetable (20 points).

5. Percent of local share (15 points).

TxDOT reserves the right to contact a firm to obtain written clarification of information submitted or any other matter deemed appropriate for the evaluations. No negotiations, decisions, or actions shall be executed by the bidder, or firm, as a result of any discussions with any state employee. TxDOT will contact the designated project manager in the event clarification is required during the proposal evaluation process. TxDOT will consider from firms only the addendums which are in writing and signed by an authorized officer of the firm.

In evaluating proposals, TxDOT has the right to accept or reject all or any proposal, and award the proposal to best serve the intercity bus industry in Texas, and use any or all information contained in the proposal, without limitation.

Proposal Submission and Requirements. Firms responding to this RFP must submit to TxDOT six identical copies of the proposal.

Proposals must contain at least the following information:

1. Cover Letter - This should include a brief summary of the proposed project. The name, address, and telephone number/fax number of the firm and the name of the designated contact person

2. Project Outline/Work Plan - This should include a detailed description of the project. The purpose of the project outline/work plan is to specify the nature of the project. Fully address how the project meets the scoring criteria specific to each type of project. This narrative will be considered by the selection committee as demonstrating the firm's understanding and ability to complete the project in a timely manner.

3. Project Budget - The firm is expected to provide detailed, specific project cost information with the understanding that supporting detail may be requested during the selection process. Transit facility budgets must contain at a minimum: site preparation (if applicable), construction, material, supplies, labor, salary, and equipment costs. Mobility aid modification budgets must contain at a minimum: salary/labor, material, and supplies cost. Marketing and service planning budgets must contain at a minimum: salary costs (by staff titles), fringe benefits (by staff titles), travel, equipment, supplies, and contracts. All sources of match funds must be listed and documented for all projects.

4. Certifications - Each applicant is required to provide certifications and assurances with their proposal. These certification and assurances include but are not limited to: Labor; Substance Abuse; Debarment and Suspension, Lobbying, and Environmental. Copies of the required Certifications and Assurances will be available at the pre-proposal meeting.

5. Signature Page - All proposals must be signed by an authorized officer of the firm.

Proposals must arrive at 150 E. Riverside, Austin, Texas 78704, (TxDOT, Public Transportation Division, Attn.: Susan Hausmann) no later than 12:00 noon on December 16, 1998. Facsimile or e-mail submissions will not be accepted by TxDOT. Proposals or modifications or addenda to proposals received after the prescribed date and time will not be considered. Any proposal may be modified or withdrawn by written notice received in the location designated above at any time prior to 12:00 noon on December 16, 1998. All proposals received, even those withdrawn from consideration, become the property of TxDOT.

Notification of Award. TxDOT will notify all firms submitting proposals in response to this RFP after the selection has been made. It is anticipated that contracts will be awarded on or about March 1, 1999. The relative standing or merits of unsuccessful projects will not be discussed.

Agency Contact. Questions concerning this request for proposals should be submitted to Susan Hausmann, TxDOT, Public Transportation Division, 125 E. 11th. Street, Austin, Texas 78701-2483, phone 512-416-2833, e-mail: shausman@mailgw.dot.state.tx.us.

TRD-9815000

Bob Jackson

Acting General Counsel

Texas Department of Transportation

Filed: September 23, 1998


Texas Workers' Compensation Commission

Public Hearing

September 16, 1998 at 10:00 a.m.

4000 South IH 35, Tippy Foster Meeting Room 910

Austin, Texas

1. CALL TO ORDER

2. PUBLIC COMMENTS ON THE FOLLOWING PROPOSED AMENDED AND NEW RULES:

CHAPTER 164 EXTRA-HAZARDOUS EMPLOYER PROGRAM

Rule 164.1 Criteria for Identifying Extra-Hazardous Employers

Rule 164.2 Notice to Extra-Hazardous Employers

Rule 164.3 Safety Consultation for Public Employers

Rule 164.4 Formulation of Accident Prevention Plan for Public Employers

Rule 164.5 Follow-up Inspection for Public Employers by the Division

Rule 164.6 Report of Follow-up Inspection, Public Employers

Rule 164.7 Removal of Public Employers from Extra-Hazardous Employer Status

Rule 164.8 Continuation of Extra-Hazardous Employer Status, Public Employers

Rule 164.10 Removal from the List of Approved Professional Sources

Rule 164.11 Request for Safety Consultation from the Division

Rule 164.12 Reimbursement of Division for Services Provided to Extra-Hazardous Employer

Rule 164.14 Values Assigned for Computation of Extra-Hazardous Employer Identification

Rule 164.15 Administrative Reviews and Hearings Regarding Identification as an Extra-Hazardous Employer

Rule 164.16 Removal of Private Employers from Extra-Hazardous Employer Status (new)

Rule 164.17 Availability of OSHCON Services (new)

Rule 164.18 Severability (new)

3. ADJOURNMENT

TRD-9814308

Susan Cory

General Counsel

Texas Workers' Compensation Commission

Filed: September 9, 1998