TITLE in-addition

Texas Department of Agriculture

Notice of Public Hearing

The Texas Department of Agriculture (the department) will hold a public hearing to take public comment on proposed amendments to §§17.51-17.56 and new §17.57 and §17.58 of the department's promotional marketing regulations and the repeal of §17.60, concerning the Go Texan NativeScape Certification program. The proposed amendments and new §17.57 concern the use of the department's promotional marketing marks, and the GO TEXAN membership program. New §17.58 concerns the establishment of the GO TEXAN beef program. The proposal was published in the September 3, 1999 issue of the Texas Register (24 TexReg 6919). The hearing will be held on Monday, September 27, 1999, beginning at 8:30 a.m. at the department's offices located at 1700 North Congress, Room 924A, Austin, Texas 78711.

For more information, please contact Brent Wiseman, Director for Horticulture Marketing, Texas Department of Agriculture, P.O. Box 12847, Austin, Texas 78711, (512) 463-7472.

TRD-9905762

Dolores Alvarado Hibbs

Deputy General Counsel

Texas Department of Agriculture

Filed: September 8, 1999


Office of the Attorney General

Texas Water Pollution Enforcement Settlement Notice

Notice is hereby given by the State of Texas of the following proposed resolution of an environmental enforcement lawsuit under the Texas Health and Safety Code and Water Code. Before the State may settle a judicial enforcement action under the Health and Safety Code and 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 Code.

Case Title and Court: Harris County and the State of Texas v. Sasher L.C., Patricia Ann Wood, and Adel Sheshtawy, Case No. 98-58312, in the District Court of Harris County, Texas

Nature of Defendant's Operations: Defendants are owners/operators of four homes located in Harris County in the Stoneheath subdivision, which are in violation of the Texas Health & Safety Code and the Water Code. Remediation of the violations for the four homes is the subject of this litigation and proposed settlement.

Proposed Agreed Judgment: The judgment permanently and mandatorily enjoins Defendants from causing, suffering, allowing, or permitting the discharge of sewage into or adjacent to a water of the state without authorization by the TNRCC at or near 14302 Sasher Lane, 14306 Sasher Lane, 14311 Sasher Lane, and 14315 Sasher Lane located in the Stoneheath subdivision. Also, all four homes shall remain vacant until either (1) permanent sanitary sewer, on-site septic, or sewage treatment plant service is arranged and installed for those houses or (2) water service is disconnected to those houses. Defendant shall pay $3,000 in civil penalties and $2,000 in attorney fees.

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 to Leela R. Fireside, Assistant Attorney General, Office of the Texas Attorney General, P. O. Box 12548, Austin, Texas 78711-2548, (512) 463-2012, facsimile (512) 320-0052. Written comments must be received within 30 days of publication of this notice to be considered.

TRD-9905606

Rick Gilpin

Assistant Attorney General

Office of Attorney General

Filed: September 3, 1999


Center for Rural Health Initiatives

Notice: Extend Deadline for the Request for the Proposals-Medically Underserved Community State Matching Incentive Program

The Notice of Request for Proposals (RFP) for the Center for Rural Health Initiatives was published in the April 2, 1999, issue of the Texas Register (24 TexReg 2775), TRD Number 9901676. The original deadline has been changed from May 21, 1999, to the new deadline of November 15, 1999. The original of the Medically Underserved Community State Matching Incentive Program must be received by Janet Leubner, Rural Health Specialist, Center for Rural Health Initiatives, P.O. Drawer 1708, Austin, Texas 78767, on or before 5:00 p.m., Central Daylight Saving Time, on November 15, 1999. No facsimiles will be accepted.

TRD-9905599

Robert J. "Sam" Tessen

Executive Director

Center for Rural Health Initiatives

Filed: September 2, 1999


Coastal Coordination Council

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

On January 10, 1997, the State of Texas received federal approval of the Coastal Management Program (CMP) (62 Federal Register pp. 1439-1440). Under federal law, federal agency activities and actions affecting the Texas coastal zone must be consistent with the CMP goals and policies identified in 31 TAC Chapter 501. Requests for federal consistency review were received for the following projects(s) during the period of August 27, 1999, through September 3, 1999:

FEDERAL AGENCY ACTIONS:

Applicant: Dennis Buckner; Location: The project is located at 9002 Flamingo Isle Boulevard in the Flamingo Isle Subdivision approximately 4 miles northwest of Galveston, Galveston County, Texas; CCC Project No.: 99-0307-F1; Description of Proposed Action: The applicant proposes to place fill to construct foundation pads for a single-family dwelling with a driveway, a water well pump house, and a barn with a driveway in wetlands adjacent to Basford Bayou. The applicant proposes that approximately 355 cubic yards and 9 cubic yards of fill in jurisdictional area will be required for the house foundation pad and access drive. Approximately 130 cubic yards and 2.7 cubic yards of fill in jurisdictional area will be required for the barn foundation pad and access drive, and approximately 6.26 cubic yards of fill in jurisdictional area will be required for the water well pad; Type of Application: U.S.A.C.E. permit application #21673 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: County of Galveston in care of Engineering Department; Location: The project is located in Rollover Bay and on Gulf of Mexico beaches, Bolivar Peninsula, Caplen and Gilchrist, Galveston County, Texas; CCC Project No.: 99-0308-F1; Description of Proposed Action: The applicant proposes to hydraulically dredge up to 300,000 cubic yards of sand during each of multiple projects over the duration of the permit term from within a proposed sand borrow area and to use the dredged material to fill geotubes and to renourish public beaches; Type of Application: U.S.A.C.E. permit application #21755 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: Gulf of Mexico Fishery Management Council; CCC Project No.: 99-0309-F2; Description of Proposed Activity: Pursuant to the Magnuson Stevens Fishery Conservation and Management Act, the applicant proposes to add to the "Regulatory Amendment to the Reef Fish Fishery Management Plan to Set 1999 Gag/Black Grouper Management Measures (Revised)" the following four (4) actions: increase the minimum size limit for gag for the commercial fishery and the recreational fishery; increase the minimum size limit for black grouper; implement a seasonal closure on commercial harvest and a prohibition on sale of gag, black, and red grouper; close areas 5 and 9 year-round to all fishing under the jurisdiction of the Gulf Council with a 4-year sunset clause.

Applicant: U.S. Navy - Environmental Assessment for Advanced Sensors Testing in the military Training Area Offshore Corpus Christi, Texas; CCC Project No.: 99-0310-F2; Description of Proposed Activity: This Environmental Assessment (EA) has been prepared and proposed by the U.S. Department of the Navy (DoN) to evaluate potential environmental impacts of the testing and demonstration of the Advanced Sensors (A/S) advanced concept technologies at Corpus Christi, Texas. This mine countermeasure system is sponsored by the Office of Naval Research and managed by Coastal Systems Station, Naval Surface Warfare Center, Panama City, Florida. This EA was prepared in compliance with the National Environmental Policy Act (NEPA) of 1969 (42 U.S.C. §4332); the Council of Environmental Quality (CEQ) Regulation for Implementing the Procedural Provisions of the NEPA (40 C.F.R. §§1500-1508); and the DoN Procedures for Implementing NEPA (32 C.F.R. §775). The area proposed for conducting the demonstration of A/S is located in the Gulf of Mexico in the shallow and very shallow water marine environment offshore of Padre Island, near Corpus Christi, Texas. The proposed test area measures approximately 30 square nautical miles and is within the boundaries of the U.S. Navy Very Shallow Water/Littoral Training Area that was established in 1995.

Pursuant to §306(d)(14) of the Coastal Zone Management Act of 1972 (16 U.S.C.A. §§1451-1464), as amended, interested parties are invited to submit comments on whether a proposed action is, or is not consistent with the Texas Coastal Management Program goals and policies, and whether the action should be referred to the Coastal Coordination Council for review. Further information for the applications listed above may be obtained from Ms. Janet Fatheree, Council Secretary, Coastal Coordination Council, 1700 North Congress Avenue, Room 617, Austin, Texas 78701-1495, or janet.fatheree@glo.state.tx.us. Persons are encouraged to submit written comments as soon as possible within 30 days of publication of this notice. Comments should be sent to Ms. Fatheree at the above address or by fax at 512/475-0680.

TRD-9905757

Larry R. Soward

Chief Clerk, General Land Office

Coastal Coordination Council

Filed: September 8, 1999


Comptroller of Public Accounts

Notice of Request for Proposals

Notice of Issuance of Request for Proposals: Pursuant to Chapter 2254, Subchapter B, Texas Government Code, the Comptroller of Public Accounts (Comptroller) announces the issuance of its Request for Proposals (RFP) for a statistician to provide consulting services to the Comptroller in connection with the 1999 and Year 2000 Property Value Studies ("Study"). The services sought under this RFP will require the services and advice of a statistician to assist Comptroller staff in the review and evaluation of statistical plans and other issues relating to the Study. The successful proposer or proposers will be expected to begin performance of the contract on or about October 25, 1999.

Contact: Parties interested in submitting a proposal should contact William Clay Harris, Legal Counsel, Comptroller of Public Accounts, 111 East 17th St., Room G-24, Austin, Texas, 78744, telephone number: (512) 305-8673, to obtain a copy of the RFP. The RFP will be available for pick-up at the above-referenced address on Friday, September 17, 1999, after 2:00 p.m., Central Zone Time (CZT), and during normal business hours thereafter. The Comptroller also plans to place the RFP on the Texas Marketplace after 2:00 p.m. on Friday, September 17, 1999. All written inquiries and mandatory letters of intent to propose must be received at the above-referenced address prior to 2:00 p.m. (CZT) on Monday, October 4, 1999.

Closing Date: Proposals must be received in Legal Counsel's Office no later than 2:00 p.m. (CZT), on Friday, October 15, 1999. Proposals received after this time and date will not be considered.

Award Procedure: Proposals may be subject to evaluation by a committee based on the evaluation criteria set forth in the RFP. The committee will determine which proposal best meets these criteria and will make a recommendation to the Deputy Comptroller, who will then make a recommendation to the Comptroller. The Comptroller will make the final decision. A proposer may be asked to clarify its proposal which may include an oral presentation, prior to final selection.

The Comptroller reserves the right to accept or reject any or all proposals submitted. The Comptroller of Public Accounts is under no legal or other obligation to execute a contract on the basis of this notice or the distribution of an RFP. Neither this notice nor the RFP commits the Comptroller to pay for any costs incurred prior to the execution of a contract.

The anticipated schedule of events is as follows: Issuance of RFP - September 17, 1999, 2:00 p.m. CZT; Mandatory Letter of Intent and Questions Due - October 4, 1999, 2 p.m. CZT; Proposals Due - October 15, 1999, 2:00 p.m. CZT; Contract Execution - October 22, 1999, or as soon thereafter as practical; Commencement of Project Activities - October 25, 1999. Issued in Austin, Texas, on September 17, 1999. David R. Brown Legal Counsel Comptroller of Public Accounts

TRD-9905759

Pamela Ponder

Senior Legal Counsel

Comptroller of Public Accounts

Filed: September 8, 1999


Texas Department of Criminal Justice

Request for Qualifications

The Texas Department of Criminal Justice (TDCJ) hereby provides notice of a Request for Qualifications (RFQ) from all interested and qualified experts to perform clinical evaluations to determine if sex offenders eligible for civil commitment suffer from a behavioral abnormality that makes the sex offender likely to engage in a predatory act of sexual violence. Experts will make a clinical assessment of sex offenders based on testing for psychopathy, a clinical interview, and other appropriate assessments and techniques. Upon determination that a sex offender does suffer from a behavioral abnormality that makes the sex offender likely to engage in a predatory act of sexual violence, the expert may be required to testify in court during a civil commitment case against the sex offender. Civil commitment cases will be tried in Montgomery County, Texas. The Special Prosecution Unit located in Walker County will reimburse expenses incurred by the civil commitment expert relating to testimony in court. Evaluations would be conducted statewide at TDCJ facilities housing sex offenders.

These services are being procured pursuant to Chapter 2254, Subchapter A, Texas Government Code.

TDCJ anticipates awarding multiple contracts for a term of one year, each at an amount not to exceed $10,000.

Interested parties should contact Jana Carlson, Contract Administrator, at (409) 294-6781 in order to request a copy of the RFQ package. The estimated issue date of the RFQ is September 10, 1999.

TRD-9905771

Carl Reynolds

General Counsel

Texas Department of Criminal Justice

Filed: September 8, 1999


Deep East Texas Council of Governments

Request for Proposal for Professional Grant Consultant Services

The Deep East Texas Council of Governments is seeking proposals from qualified vendors for professional grant consultant services pertaining to government affairs in the state of Texas, including local, state and federal levels of government and economic development.

The service of duties include:

1. Serve as coordinator of special projects as determined by the Executive Director;

2. Provide DETCOG with reports and updates on any and all activities that may affect DETCOG;

3. Assist DETCOG in preparing for press conference and/or testimony before local, state, and federal government bodies;

4. Assist DETCOG in economic development activities, including but not limited to grant procurement, local, state, and federal zone designations for the region, and information on recruitment and expansion of businesses.

Contractor Requirements:

The proposal should include a proposed staffing of the project, a summary of experience of staff member that will perform most of the work, overall qualifications of the consultant in projects of this nature. A summary of direct and related project experience, and an estimated schedule and fee for accomplishing the overall scope of services.

Funding of this project will be dependent upon the successful recruitment of federal, state grant funds, by DETCOG and/or the consultant.

Proposals should be submitted to: Walter G. Diggles, Executive Director, Deep East Texas Council of Governments, 274 E. Lamar, Jasper, Texas 75951, phone (409) 384-5704.

DEADLINE

Proposals should be received by 5:00 PM on Friday, September 17, 1999.

TRD-9905635

Walter G. Diggles

Executive Director

Deep East Texas Council of Governments

Filed: September 3, 1999


General Land Office

Notice of Contract Award

Pursuant to §2254.021, Texas Government Code, the General Land Office (GLO) files this notice of a contract award to Grayson R. Cecil, Cecil Consulting, 4814 Yoakum Blvd., Houston, Texas 77006. A Notice of Request for Contract Services Proposals for these consulting services was published in the September 4, 1998, issue of the Texas Register (23 TexReg 9121).

The consultant will: (1) survey coastal stakeholders for potential projects and map the sites; (2) review potential restoration projects that have been identified and evaluate each project; (3) visit potential sites to confirm locations and assess restoration feasibility; (4) hold public workshops on potential restoration projects, and (5) prepare findings to be reported to the GLO.

This award has been denominated as GLO Contract Number 99-124R and compensation shall not exceed the amount of $73,000. The contract period begins on June 1, 1999, and terminates on May 31, 2000. A minimum of seven (7) copies of the final report and other required work products shall be provided to the GLO no later than May 31, 2000.

TRD-9905604

Larry R. Soward

Chief Clerk, General Land Office

General Land Office

Filed: September 2, 1999


Notice of Public Hearings

The Texas General Land Office (GLO) will hold public hearings to allow the public to comment on the proposed addition of new Subchapter B of Chapter 15 relating to Coastal Erosion Planning and Response. The new subchapter concerns implementation of the Joe Faggard Coastal Erosion and Response Act, 76th Legislature, 1999, Regular Session, Senate Bill (SB) 1690 (CEPRA). The proposed rules outline the process by which the GLO will evaluate and assist in the funding of coastal erosion studies and projects in cooperation with qualified project partners. The GLO may expend funds from the coastal erosion response account, which was established by CEPRA, to support a study or project cooperatively undertaken by the GLO and a qualified project partner.

The locations and times for the public hearings are as follows:

Wednesday, September 29, 1999:

Brownsville, 6-8 p.m., Cameron County Commissioner's Courtroom (4th Floor), 964 E. Harrison.

Thursday, September 30, 1999:

Corpus Christi, 6-8 p.m., Texas A&M University-Corpus Christi, University Center, Lone Star Ballroom, 6300 Ocean Drive.

Friday, October 1, 1999:

Houston, 6-8 p.m., University of Houston-Clear Lake, Bayou Building, Room 1313, 2700 Bay Area Boulevard.

TRD-9905756

David Dewhurst

Commissioner

General Land Office

Filed: September 8, 1999


Texas Department of Health

Notice of Revocation of Certificates of Registration

The Texas Department of Health, having duly filed complaints pursuant to 25 Texas Administrative Code §289.205, has revoked the following certificates of registration: Dermot J. Durcan, M.D., P.A., Houston, R07769, August 26, 1999; Highway 303 Chiropractic Clinic, Inc., Grand Prairie, R15556, August 26, 1999; Triple G Ventures, Fort Stockton, R18595, August 26, 1999; Spine Care and Rehabilitation, Houston, R22142, August 26, 1999.

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

TRD-9905761

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: September 8, 1999


Texas Department of Housing and Community Affairs

Notice of Administrative Hearing (MHD1997003332I)

The Manufactured Housing Division will have an administrative hearing on Wednesday, September 22, 1999, 1:00 p.m and will meet at the State Office of Administrative Hearing Office, Stephen F. Austin Building, 1700 North Congress, 11th Floor, Suite 1100, in 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 vs. Richard Burwell to hear alleged violations of §7(d) of the Act and §80.125(e) of the Rules regarding obtaining, maintaining or possessing a valid installer's license. SOAH 332-99-1681. Department MHD1997003332I.

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

TRD-9905768

Daisy Stiner

Executive Director

Texas Department of Housing and Community Affairs

Filed: September 8, 1999


Notice of Administrative Hearing (MHD1998002445UI)

The Manufactured Housing Division will have an administrative hearing on Tuesday, September 21, 1999, 9:00 a.m. and will meet at the State Office of Administrative Hearing Office, Stephen F. Austin Building, 1700 North Congress, 11th Floor, Suite 1100, in 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 vs. Britt Stewart aka Brett Stewart to hear alleged violations of §7(d) of the Act and §80.125(e) of the Rules regarding obtaining, maintaining or possessing a valid installer's license. SOAH 332-99-1680. Department MHD1998002445UI.

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

TRD-9905767

Daisy Stiner

Executive Director

Texas Department of Housing and Community Affairs

Filed: September 8, 1999


Notice of Public Hearing for the Texas Department of Housing and Community Affairs Residential Mortgage Revenue and Revenue Refunding Bonds

Notice is hereby given of a public hearing to be held by the Texas Department of Housing and Community Affairs (the "Department") at 507 Sabine Street, Room 437, Austin, Texas, at 12:00 p.m. on October 7, 1999, with respect to an issue of residential mortgage revenue bonds (the "Bonds") to be issued in an aggregate face amount of not more than $182,585,000 by the Department.

A portion of the proceeds of the Bonds will be used to finance an estimated $120,000,000 single family residential mortgage loans made to eligible very low, low and moderate income first-time home buyers for the purchase of homes located within the State of Texas. A portion of the proceeds of the Bonds may be used to refund a portion of the outstanding Texas Housing Agency (predecessor to the Department) GNMA Collateralized Home Mortgage Revenue Bonds, Series 1989A and Series 1989B. A portion of the proceeds of the Bonds may be used to refund a portion of the outstanding Texas Housing Agency (predecessor to the Department) Residential Mortgage Revenue Bonds, Series 1988A and Series 1989A. A portion of the proceeds of the Bonds will be used to refund all or a portion of the Department's outstanding Single Family Mortgage Revenue Refunding Tax-Exempt Commercial Paper Notes, Series A (AMT).

For purposes of the Department's mortgage loan finance programs, eligible borrowers generally will include individuals and families whose family income does not exceed, (i) for families of three or more persons, 115% (140% in certain targeted areas) of the area median income, and (ii) for individuals and families of two persons, 100% (120% in certain targeted areas) of the area median income. The Department anticipates setting aside approximately 30% of the funds made available for borrowers of very low income (60% of area median income) for approximately one year. In addition, substantially all of the borrowers under the programs will be required to be persons who have not owned a principal residence during the preceding three years. Further, residences financed with loans under the programs will be subject to certain other limitations, including limits on the purchase prices of the residences being acquired. All the limitations described in this paragraph are subject to revision and adjustment from time to time by the Department pursuant to applicable federal law and Department policy.

All interested parties are invited to attend such public hearing to express their views with respect to the Department's mortgage loan finance program and the issuance of the Bonds. Questions or requests for additional information may be directed to Ed Morris at the Texas Department of Housing and Community Affairs, 507 Sabine Street, 8th Floor, Austin, Texas 78701; (512) 475-3987.

Persons who intend to appear at the hearing and express their views are invited to contact Ed Morris in writing in advance of the hearing. Any interested persons unable to attend the hearing may submit their views in writing to Ed Morris prior to the date scheduled for the hearing.

TDHCA WEBSITE: www.tdhca.state.tx.us/hf.htm

Individuals who require child care to be provided at the hearing should contact Dina Gonzalez at (512) 475-3757 at least five days before the hearing so that appropriate arrangements can be made.

Individuals who require auxiliary aids for the hearing should contact Gina Arenas, ADA Responsible Employee, at (512) 475-3943, or Relay Texas at 1-800-735-2989 at least two days before the hearing so that appropriate arrangements can be made.

This notice is published and the above-described hearing is to be held in satisfaction of the requirements of State law and §147(f) of the Internal Revenue Code of 1986, as amended, regarding the public approval prerequisite to the exclusion from gross income for federal income tax purposes of interest on the Future Notes and the Bonds.

TRD-9905764

Daisy Stiner

Executive Director

Texas Department of Housing and Community Affairs

Filed: September 8, 1999


Houston-Galveston Area Council

Request for Proposal

The Houston-Galveston Area Council (H-GAC) is issuing a Call for Projects for the H-GAC Alternative Fuel Vehicle Program. Funding for the program is provided through the Congestion Mitigation Air Quality (CMAQ) federal grant program. These funds are provided to assist in the conversion of public and private sector fleets to an approved alternative fuel, including compressed and liquefied natural gas, propane, electricity, ethanol, and methanol.

This program will pay up to 75% of the incremental cost of the acquisition of original equipment manufactured vehicles or for conversion of existing or new fleet vehicles. Local match of 25% is required from the applicant. Local, state and federal government entities within the eight-county Houston-Galveston severe ozone nonattainment area (Brazoria, Chambers, Fort Bend, Galveston, Harris, Liberty, Montgomery and Waller counties) are eligible, as are public-private partnerships proposing projects that are cooperatively implemented under agreements between the public and private sectors and/or non-profit entities.

With this notice, H-GAC will accept proposals from September 10, 1999, and will continue to do so until February 29, 2000. Application packets are available by calling Kristen Bishop, Clean Cities Coordinator at (713) 993-4568 or e-mail to cleancities@hgac.cog.tx.us .

CONTACT: Kristen Bishop, Houston-Galveston Area Council, P.O. Box 22777, 3555 Timmons Lane, Houston, TX 77227-2777.

TRD-9905789

Alan Clark

MPO Director

Houston-Galveston Area Council

Filed: September 9, 1999


Texas Department of Insurance

Insurer Services

The following applications have been filed with the Texas Department of Insurance and are under consideration:

Application for incorporation to the State of Texas by TEXAS SELECT LLOYDS INSURANCE COMPANY, a domestic lloyds company. The home office is in Plano, Texas.

Application to change the name of GERLING GLOBAL REINSURANCE CORPORATION OF AMERICA to CONSTITUTION INSURANCE COMPANY, a foreign fire and casualty company. The home office is in New York, New York.

Application to change the name of CONSTITUTION REINSURANCE CORPORATION to GERLING GLOBAL REINSURANCE CORPORATION OF AMERICA, a foreign fire and casualty company. The home office is in New York, New York.

Application to do business in the State of Texas by LIFEMARK HEALTH PLAN OF TEXAS, LLC, a domestic health maintenance organization (HMO). The home office is in Houston, Texas.

Application to change the name of VESTA COUNTY MUTUAL INSURANCE COMPANY to ELM COUNTY MUTUAL INSURANCE COMPANY, a domestic fire and casualty company. The home office is in Dallas, Texas.

Application to do business in the State of Texas by GENERAL & COLOGNE LIFE RE OF AMERICA, a foreign life company. The home office is in Stamford, Connecticut.

Application to change the name of PROVIDENT MUTUAL LIFE INSURANCE COMPANY to PROVFIRST AMERICA LIFE INSURANCE COMPANY, a foreign life company. The home office is in Berwyn, Pennsylvania.

Application to change the name of PROVIDENT MUTUAL LIFE AND ANNUITY COMPANY OF AMERICA to PROVFIRST AMERICA LIFE AND ANNUITY COMPANY, a foreign life company. The home office is in Newark, Delaware.

Any objections must be filed with the Texas Department of Insurance, addressed to the attention of Kathy Wilcox, 333 Guadalupe Street, M/C 305-2C, Austin, Texas 78701.

TRD-9905766

Bernice Ross

Deputy Chief Clerk

Texas Department of Insurance

Filed: September 8, 1999


Third Party Administrator Applications

The following third party administrator (TPA) applications have been filed with the Texas Department of Insurance and are under consideration.

Application for incorporation in Texas of AmCare Management, Inc., a domestic third party administrator. The home office is Houston, Texas.

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

TRD-9905765

Bernice Ross

Deputy Chief Clerk

Texas Department of Insurance

Filed: September 8, 1999


Texas Natural Resource Conservation Commission

Enforcement Orders

An agreed order amendment was entered regarding CRAIG PENFOLD DBA VILLAGE OAKS MOBILE HOME COMMUNITY, Docket No. 1997-0637-MWD-E; TNRCC ID No. 12667-001; Enforcement ID No. 11433 on August 26, 1999 assessing $23,760 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Cecily Small Gooch, Staff Attorney at (817)469-6750 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 DEAN LUMBER COMPANY, INC., Docket No. 1998-0506-SWR-E; TNRCC SWR No. 32629; Enforcement ID No. 12128 on August 26, 1999 assessing $12,000 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Ali Abazari, Staff Attorney at (512) 239-5915 or Thomas Greimel, Enforcement Coordinator at (512) 239-5690, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding UBALDO GOMEZ DBA JLG TRUCKING, Docket No. 1997-0743- AIR-E; TNRCC ID No. EE-0466-Q on August 26, 1999 assessing $4,000 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Laura Kohansov, Staff Attorney at (512) 239-2029 or Stacy 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 FELIX ESCOBEDO DOING BUSINESS AS FELIX AND SONS BODY SHOP, Docket No. 1997-0220-AIR-E; Account No. HX-0679-A; Enforcement ID No. 10025 on August 26, 1999 assessing $500 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Sheila Smith, Enforcement Coordinator at (512) 239-1670 or 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 YOGESH GANDHI DBA THE PARTY KEG, Docket No. 1998-0550- PST-E; TNRCC PST ID No. 0006788; Enforcement ID No. 12513 on August 26, 1999 assessing $16,250 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting William Puplampu, Staff Attorney at (512) 239-0677 or 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 DWAYNE BARKER, Docket No. 1996-0702-LII-E; License No. 4443 on August 26, 1999 assessing $3,000 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Laura Kohansov, Staff Attorney at (512) 239-2029 or 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 NUCLEAR SOURCES AND SERVICES, INC., Docket No. 1998- 0735-IHW-E; TNRCC ID No. 50269 on August 26, 1999 assessing $85,250 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Robin Houston, Staff Attorney at (512) 239-0682 or Tim Haase, Enforcement Coordinator at (512) 239-6007, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding G.B.'S SELF SERVE, INC., Docket No. 1997-0692-PST-E; TNRCC Facility ID No. 27375 on August 26, 1999 assessing $6,250 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Richard O'Connell, Staff Attorney at (512) 239-5528 or 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 THE CITY OF ARANSAS PASS, Docket No. 1998-0917-PST-E; TNRCC ID No. 0058642 on August 26, 1999 assessing $5,000 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Richard O'Connell, Staff Attorney at (512) 239-5528 or Frank Muser, Enforcement Coordinator at (512) 239-6951, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding RELIANT ENERGY HOUSTON LIGHTING & POWER - T.H. WHARTON ELECTRIC GENERATING STATION, Docket No. 1998-1541-AIR-E; Account No. HG-0357-S; Enforcement ID No. 13251 on August 26, 1999 assessing $6,250 in administrative penalties.

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

An agreed order was entered regarding BORGER ENERGY ASSOCIATES L.P., Docket No. 1998-1488-AIR- E; Account No. HW-0081-I; Enforcement ID No. 13210 on August 26, 1999 assessing $2,500 in administrative penalties with $500 deferred.

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

An agreed order was entered regarding MR. LORENZO BORREGO DBA BORREGO MOTORS, Docket No. 1998-1338-AIR-E; Account No. EE-0772-G; Enforcement ID No. 12101 on August 26, 1999 assessing $1,875 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 FAST LUBE INCORPORATED, Docket No. 1998-1172-AIR-E; TNRCC ID No. EE-0880-C; Enforcement ID No. 301 on August 26, 1999 assessing $1,000 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting John Sumner, Staff Attorney at (512) 239-0497 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 CHEVRON U.S.A., INC., Docket No. 1998-0854-AIR-E; TNRCC ID No. EE-0015-H on August 26, 1999 assessing $200,000 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Mary Riser, Staff Attorney at (512) 239-6224 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 AMERICAN HAT COMPANY, INC., Docket No. 1998-1299-AIR-E; Account No. MQ-0283-G on August 26, 1999 assessing $2,500 in administrative penalties with $500 deferred.

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

An agreed order was entered regarding CURIEL CONSTRUCTION, INC. & CURIEL TRUCKING, INC., Docket No. 1998-1400-AIR-E; Account No. EE-0739-E on August 26, 1999 assessing $3,750 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Ali Abazari, Staff Attorney at (512) 239-5915 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 SAFETY-KLEEN SYSTEMS, INCORPORATED, Docket No. 1998- 1344-AIR-E; Account No. DF-0042-K; Enforcement ID No. 13111 on August 26, 1999 assessing $3,750 in administrative penalties with $2,250 deferred.

Information concerning any aspect of this order may be obtained by contacting Scottie Aplin, Staff Attorney at (512) 239-2941 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 W.R. MEADOWS, INCORPORATED, Docket No. 1999-0228-AIR- E; Account No. TA-1014-B; Enforcement ID No. 834 on August 26, 1999 assessing $2,000 in administrative penalties.

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

An agreed order was entered regarding U.S. DENRO STEELS, INC., Docket No. 1999-0356-AIR-E; Air Account No. CI-0170-H on August 26, 1999 assessing $2,500 in administrative penalties with $500 deferred.

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

An agreed order was entered regarding DEAF SMITH COUNTY FRESH WATER SUPPLY DISTRICT NO. 1, Docket No. 1998-0765-MLM-E; PWS No. 0590002 on August 26, 1999 assessing $5,950 in administrative penalties with $5,350 deferred.

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

An agreed order was entered regarding W. R. COFFEY DOING BUSINESS AS C & L LAND DEVELOPMENT AND ATHENS LAND COMPANY, Docket No. 1998-0009-MLM-E; TNRCC ID 1070235; Enforcement ID No. 11790 on August 26, 1999 assessing $9,840 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Mary Risner, Staff Attorney at (512) 239-6224 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 AMERADA HESS CORPORATION, Docket No. 1998-0580-MLM-E; TNRCC ID No. 39033; TNRCC Permit No. 02070; Enforcement ID No. 1623 on August 26, 1999 assessing $278,063 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Paul Sarahan, Staff Attorney at (512) 239-3424, Thomas Jecha, Enforcement Coordinator at (512) 239-2576 or 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 R & R REMEDIATION SERVICES, INC., Docket No. 1999-0112- MLM-E; SWR No. 84235; PST ID No. 81073 on August 26, 1999 assessing $13,370 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Ali Abazari, Staff Attorney at (512) 239-5915 or Susan Johnson, Enforcement Coordinator at (512) 239-2555, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding GENERAL MOTORS CORPORATION, Docket No. 1998-1358-IWD- E; LPST L-91748 on August 26, 1999 assessing $750 in administrative penalties with $150 deferred.

Information concerning any aspect of this order may be obtained by contacting Michelle Harris, Enforcement Coordinator at (512) 239-0492, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding CHEVRON PRODUCTS COMPANY, Docket Nos. 1998-0555-IWD- E and 1998-0556-IWD; TNRCC ID Nos. L-91463 and L-93787 on August 26, 1999 assessing $1,950 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Richard O'Connell, Staff Attorney at (512) 239-5528 or 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 BROADWAY SHRIMP AND OYSTERS, INC., Docket No. 1998- 0484-IWD-E; No TNRCC Permit; Enforcement ID No. 12457 on August 26, 1999 assessing $3,000 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting William Puplampu, Staff Attorney at (512) 239-0677 or 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 PORT OF HOUSTON AUTHORITY, Docket No. 1998-1379-IWD-E; Registration No. L-102741 on August 26, 1999 assessing $1,500 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 THE CITY OF MABANK, Docket No. 1999-0305-PWS-E; PWS No. 1290005 on August 26, 1999 assessing $500 in administrative penalties with $100 deferred.

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

An agreed order was entered regarding CHONG'S ASSOCIATES INC DBA MARKET SQUARE FOOD MARKET, Docket No. 1999-0077-PWS-E; PWS No. 0200544 on August 26, 1999 assessing $1,575 in administrative penalties.

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

An agreed order was entered regarding RURAL BARDWELL WATER SUPPLY CORPORATION, Docket No. 1997-0996-PWS-E; PWS 0700023 on August 26, 1999 assessing $6,629 in administrative penalties with $1,326 deferred.

Information concerning any aspect of this order may be obtained by contacting 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 LONNY BURNAMAN DBA RIVER RUN WATER SYSTEM, Docket No. 1999-0076-PWS-E; PWS No. 0200575 on August 26, 1999 assessing $2,250 in administrative penalties.

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

An agreed order was entered regarding CRATON TAYLOR DBA 4-T WATER COMPANY DBA HERITAGE OAK ADDITION PUBLIC WATER SUPPLY, Docket No. 1999-0254-PWS-E; PWS No. 2200090; Enforcement ID No. 13040 on August 26, 1999 assessing $2,188 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting 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 SUNSET PARK WATER CORPORATION DBA SUNSET PARK SUBDIVISION, Docket No. 1999-0306-PWS-E; PWS No. 2130022 on August 26, 1999 assessing $3,938 in administrative penalties.

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

An agreed order was entered regarding LEESA SUMNER DBA FEED BOX, Docket No. 1999-0100-PWS-E; PWS No. 1070213 on August 26, 1999 assessing $1,500 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Steven Lopez, Enforcement Coordinator at (512) 239-1896, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding VICKI SEYER DBA GREENVILLA MOBILE HOME PARK, Docket No. 1998-0485-PWS-E; TNRCC PWS ID No. 0840067 on August 26, 1999 assessing $2,500 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Scott McDonald, Staff Attorney at (512) 239-6005 or Sandy VanCleave, Enforcement Coordinator at (512) 239-0667, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding BILKISH LAKHANI AND TEXAS SUNNYLAND INC., Docket No. 1998-0596-PWS-E; PWS No. 0200436; Enforcement ID No. 12564 on August 26, 1999 assessing $2,844 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Heather Otten, Staff Attorney at (512) 239-1738 or Sandy VanCleave, Enforcement Coordinator at (512) 239-0667, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding W. OAK PHOENIX CORP., Docket No. 1998-0200-PWS-E; PWS No. 1160097 on August 26, 1999 assessing $2,188 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Gilbert Angelle, Enforcement Coordinator at (512) 239-4489, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding CAPRI INTERESTS, INC. DBA SPIN-N-MARKET #15, Docket No. 1999-0246-PWS-E; PWS No. 1460121 on August 26, 1999 assessing $2,500 in administrative penalties.

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

An agreed order was entered regarding THE TOWN OF HACKBERRY, Docket No. 1998-1445-MWD-E; WQ Permit No. 13434-001; Enforcement ID No. 8144 on August 26, 1999 assessing $7,500 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 THE CITY OF MINEOLA, Docket No. 1998-0870-MWD-E; WQ Permit No. 10349-001; Enforcement ID No. 8416-2 on August 26, 1999 assessing $1,875 in administrative penalties.

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

An agreed order was entered regarding THE CITY OF POTTSBORO, Docket No. 1998-0871-MWD-E; WQ Permit No. 10591-001; Enforcement ID No. 8188 on August 26, 1999 assessing $7,000 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 ACTON MUNICIPAL UTILITY DISTRICT, Docket No. 1998-1518- MWD-E; WQ Permit No. 11208-001 on August 26, 1999 assessing $2,000 in administrative penalties.

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

An agreed order was entered regarding WEST HARRIS COUNTY MUNICIPAL UTILITY DISTRICT No. 10, Docket No. 1999-0088-MWD-E; WQ Permit No. 12171-001 on August 26, 1999 assessing $9,375 in administrative penalties.

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

An agreed order was entered regarding SVI CORPORATION (FORMERLY DBA STOCKHAM VALVES AND FITTINGS, INC.), Docket No. 1998-1115-MWD-E; WQ Permit No. 12456-001 on August 26, 1999 assessing $2,500 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Laura Kohansov, Staff Attorney at (512) 239-2029 or 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 BOB SMITH DBA WINDFERN MOBILE HOME PARK, Docket No. 1998-0494-MWD-E; TNRCC WQ Permit No. 13509-001 on August 26, 1999 assessing $18,750 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Scott McDonald, Staff Attorney at (512) 239-6005 or 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 TOM J. MOORE CATTLE COMPANY, INC., Docket No. 1998- 0069-AGR-E; No TNRCC Permit; Enforcement ID No. 12052 on August 26, 1999 assessing $15,500 in administrative penalties with $3,100 deferred.

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 DANNY SCHENK DBA NORTH CENTRAL TEXAS DAIRY, Docket No. 1998-1047-AGR-E; Expired WQ Permit No. 03507 on August 26, 1999 assessing $1,500 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 PROGRESSIVE DAIRIES TEXAS, INC., Docket No. 1999-0476- AGR-E; WQ Permit No. 02946 on August 26, 1999 assessing $3,750 in administrative penalties with $750 deferred.

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

An agreed order was entered regarding JOHAN DEBOER, Docket No. 1998-1046-AGR-E; No TNRCC Permit on August 26, 1999 assessing $3,125 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Nathan Block, Staff Attorney at (512) 239-4706 or Merrilee Gerberding, Enforcement Coordinator at (512) 239-4490, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding JOEL VESTAL, Docket No. 1998-1354-OSS-E; Installer Irrigation No. 1545; Enforcement ID No. 13051 on August 26, 1999 assessing $500 in administrative penalties with $100 deferred.

Information concerning any aspect of this order may be obtained by contacting Pamela Campbell, Enforcement Coordinator at (512) 239-4493, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding MR. MOHAMMAD D. MUNIR, Docket No. 1997-0968-PST-E; PST Facility ID No. 0030909 on August 26, 1999 assessing $12,500 in administrative penalties with $11,000 deferred.

Information concerning any aspect of this order may be obtained by contacting Gilbert Angelle, Enforcement Coordinator at (512) 239-4489, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding NAUSHAD ALI VIRANI DBA HONEY STOP #1, Docket No. 1998- 1404-PST-E; PST Facility ID No. 0029412 on August 26, 1999 assessing $3,125 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Ali Abazari, Staff Attorney at (512) 239-5915 or Erika Fair, Enforcement Coordinator at (512) 239-6673, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding ADAN AND MELINDA MARQUEZ DBA KOUNTRY GROCERY STORE, Docket No. 1998-1406-PST-E; PST Facility ID 39333; Enforcement ID No. 13067 on August 26, 1999 assessing $5,000 in administrative penalties with $1,000 deferred.

Information concerning any aspect of this order may be obtained by contacting Thomas Greimel, Enforcement Coordinator at (512) 239-5690, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

A default order was entered regarding BAYOU, INC., Docket No. 1998-0560-PST-E; TNRCC ID No. 27224; Enforcement ID No. 12522 on August 26, 1999 assessing $5,000 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting John Peeler, Staff Attorney at (512) 239-3506 or Erika Fair, Enforcement Coordinator at (512) 239-2545, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

A default order was entered regarding BILLY R. STRINGER DBA NATIONAL CLEANING SYSTEMS, Docket No. 1998-0303-SLG-E; TNRCC Sludge/Septage Transporter No. 22176; Enforcement ID No. 12394 on August 26, 1999 assessing $14,600 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting William Puplampu, Staff Attorney at (512) 239-0677 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 FERNANDO GOMEZ DBA ACE ROOFING, Docket No. 1998-0336- MSW-E; Enforcement ID No. 12320 on August 26, 1999 assessing $1,250 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Laura Kohansov, Staff Attorney at (512) 239-2029 or John Mead, Enforcement Coordinator at (512) 239-6010, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

A default order was entered regarding TRENTON PICKETT, Docket No. 1997-0255-MSW-E; TNRCC ID No. 2978; Enforcement ID No. 455030022 on August 26, 1999 assessing $27,360 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Scott McDonald, Staff Attorney at (512) 239-6005 or Randy Norwood, Enforcement Coordinator at (512) 239-1879, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An order was entered regarding NAUSHAD VIRANI AND AL HADI, Docket No. 1999-0239-PST-E; Facility ID No. 20766; Enforcement ID No. 13450 on August 25, 1999.

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

An order was entered regarding NAUSHAD VIRANI AND AL HADI, Docket No. 1999-0240-PST-E; Facility ID No. 20784; Enforcement ID No. 13450 on August 25, 1999.

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

An order was entered regarding GARY VAN CUNNINGHAM, Docket No. 1998-0484-IWD-E on August 31, 1999 assessing $5,575 in administrative penalties and fees.

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

An order was entered regarding JERRY ROBERTS DBA ROBERTS GROCERY AND STATION, Docket No. 1998-0608-PST-E on August 31, 1999 assessing $6,000 in administrative penalties with $5,500 deferred.

Information concerning any aspect of this order may be obtained by contacting William Puplampu, Staff Attorney at (512) 239-0677 or Gloria Stanford, Enforcement Coordinator at (512) 239-1871, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

TRD-9905753

LaDonna Castañuela

Chief Clerk

Texas Natural Resource Conservation Commission

Filed: September 7, 1999


Notice of Application for Solid Waste Management Facility Permit

For The Period of August 31, 1999 to September 7,

TRINITY WASTE SERVICES, 580 Huffines, Lewisville, Texas, 75056, has applied to the Texas Natural Resource Conservation Commission (TNRCC) for a permit (Proposed Permit No. MSW-2275) to authorize a new Type V Municipal Solid Waste Transfer Station facility. The 7.9 acre site is located on Elliott Reeder Road, approximately 0.55 miles southeast of the intersection of Carson street and state Highway 121 in Fort Worth, Texas. The proposed site covers approximately 7.9 acres and is estimated to receive 3,000 tons of waste per day. If the permit is granted, the applicant would be authorized to transfer 3,000 tons per day of municipal solid waste and recycle up to approximately 20 tons per hour of old corrugated cardboard material. The facility would be authorized to operate 24 hours per day seven days per week.

Written public comments and requests for a public meeting should be submitted to the Office of the Chief Clerk, MC 105, TNRCC, P.O. Box 13087, Austin, TX 78711-3087. A public meeting is intended for taking public comment, and is not a contested case hearing. A public meeting will be held when there is a significant degree of public interest in the application.

For information, individual members of the general public may contact the Office of Public Assistance at 1-800-687-4040. General information regarding the TNRCC can be found at our web site at www.tnrcc.state.tx.us.

TRD-9905751

LaDonna Castañuela

Chief Clerk

Texas Natural Resource Conservation Commission

Filed: September 7, 1999


Notice of Intent to Delete Hayes-Sammons Warehouse State Superfund Site form the State Superfund Registry

The executive director of the Texas Natural Resource Conservation Commission (TNRCC or commission) is issuing a public notice of intent to delete (delist) the Hayes-Sammons Warehouse state Superfund site from the state registry (state Superfund list) of sites which may constitute an imminent and substantial endangerment to public health and safety or the environment due to a release or threatened release of hazardous substances into the environment.

The Hayes-Sammons site was originally proposed for listing on the state Superfund registry on January 16, 1987 (12TexReg 205). The site is located at East Eighth street and Miller Avenue in Mission, Hidalgo County, Texas. The site covers approximately one city block (2.5 acres) and consists of three parcels of land owned by separate parties.

The Hayes-Sammons site was used for industrial purposes until approximately 1968. Documented use of the property for pesticide storage dates back to about 1945. Two warehouses were built on the property and used by the Hayes-Sammons Chemical Company and its successor companies for pesticide storage from 1945 to 1968. Since then, the warehouses have been used for storage of personal items by one of the property owners.

In 1995, a remedial investigation was conducted to define general site characteristics and determine the nature and extent of contaminants present at the site. Results of the field investigation and laboratory analyses showed that the primary soil contaminants encountered at the site are organochlorine pesticides and arsenic. The contamination was generally confined to the upper two feet of soils near the brick and sheet metal warehouse structures on the site. The site investigation detected no contamination in the ground water.

A Baseline Risk Assessment Report evaluated the risks from exposure to the contaminants at the site. The risk assessment used information from the remedial investigation and standard toxicological exposure assumptions that included the ingestion of contaminated soil, dermal contact with contaminated soil, and inhalation of contaminated soil. This information was used to estimate the potential for adverse effects on human health and the environment for both current and potential future exposure. The current receptors who were potentially exposed to contaminants at the site include off-site workers and on-site trespassers. All of the exposure scenarios produced a calculated potential risk exceeding acceptable levels.

The TNRCC conducted a remedial action in accordance with a Administrative Order and responsible parties. The remedial action included excavation and removal of contaminated soils, demolition and disposal of three storage buildings, and plugging and abandonment of seven monitoring wells. All removed materials were transported off-site to a permitted disposal facility and all excavated areas were backfilled, graded, and hydro-mulched to provide a vegetative cover. On October 1, 1998, a final inspection confirmed that all remedial action activities instituted under the Administrative Order were completed.

Contaminants and waste deposited at the site have been remediated to meet non-residential (i.e., industrial/commercial) soil criteria in accordance with a plan designed to meet the requirements of 30 Texas Administrative Code (TAC) §335.561, Risk Reduction Standard Number 3, this regulation mandates that the remedy be designed to eliminate or reduce, to the maximum extent practicable, substantial present or future risk. In accordance with risk reduction standards applicable at the time of this filing, industrial use is considered an appropriate future use of the property.

The executive director has determined that the site no longer presents an imminent and substantial endangerment to public health and safety and the environment and is therefore eligible for deletion from the list of sites proposed for the state Superfund registry as specified at 30 TAC §335.344(c).

In accordance with 30 TAC §335.344(b), the commission will hold a public meeting if requested to do so by the public to receive comment on this intended deletion. This meeting is not a contested case hearing within the meaning of Texas Government Code, Chapter 2001. 30 TAC §335.344 (b) states that a meeting shall be held by request of the executive director or by requests filed with the executive director. Since the executive director does not intend to initiate a public meeting, the commission will not hold a public meeting unless the executive director receives a request for one before 5:00 p.m., October 18, 1999. If a public meeting is requested, notice shall be provided by first class mail to all Potentially Responsible Parties and other interested persons, and by publication in a newspaper of general circulation in the Hidalgo county, at least 30 days before the date set for the meeting. The person submitting the request must bear the cost of the publication of the notice.

If a public meeting challenging this determination of eligibility for deletion by the executive director is not requested by a Potentially Responsible Party or any interested person(s) before the designated date, the Hayes- Sammons Warehouse state Superfund site will be deleted from the state Superfund list.

All inquiries regarding the Hayes-Sammons Warehouse state Superfund site or requests for a public meeting should be directed to Alvie Nichols, TNRCC Project Manager, Remediation Division. MC-143, P. O. Box 13087, Austin, TX 78711-3087; telephone (800) 633-9363 (calls within Texas only) or (512) 239-2439. A portion of the record for the site, including documents pertinent to the executive director's determination, is available for review during regular business hours at the Speer Memorial Library, 801 E. 12th Street, Mission, Texas (956) 580-8755. The complete public file may be obtained during regular business hours at the commission's Records Management Center, Building D, North Entrance, Room 190, 12100 Park 35 Circle, Austin, Texas 78753, telephone (800) 633-9363 (calls within Texas only) or (512) 239-2920. Photocopying of file information is subject to payment of a fee.

TRD-9905556

Margaret Hoffman

Director, Environmental Law Division

Texas Natural Resource Conservation Commission

Filed: September 1, 1999


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

The Texas Natural Resource Conservation Commission (TNRCC or commission) Staff is providing an opportunity for written public comment on the listed Agreed Orders (AOs) pursuant to Texas Water Code (the Code), §7.075, which requires that the TNRCC may not approve these AOs unless the public has been provided an opportunity to submit written comments. Section 7.075 requires that notice of the proposed orders and of the opportunity to comment must be published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is October 17, 1999 . Section 7.075 also requires that the TNRCC promptly consider any written comments received and that the TNRCC may withhold approval of an AO if a comment discloses facts or considerations that indicate the proposed AO is inappropriate, improper, inadequate, or inconsistent with the requirements of the Code, the Texas Health and Safety Code (THSC), and/or the Texas Clean Air Act (the Act). Additional notice is not required if changes to an AO are made in response to written comments.

A copy of each of the proposed AOs is available for public inspection at both the TNRCC's Central Office, located at 12100 Park 35 Circle, Building C, 1st Floor, Austin, Texas 78753, (512) 239-1864 and at the applicable Regional Office listed as follows. Written comments about these AOs should be sent to the enforcement coordinator designated for each AO at the TNRCC's Central Office at P.O. Box 13087, Austin, Texas 78711-3087 and must be received by 5:00 p.m. on October 17, 1999 . Written comments may also be sent by facsimile machine to the enforcement coordinator at (512) 239-2550. The TNRCC enforcement coordinators are available to discuss the AOs and/or the comment procedure at the listed phone numbers; however, §7.075 provides that comments on the AOs should be submitted to the TNRCC in writing .

(1)COMPANY: Bauke Mulder dba B&A Dairy; DOCKET NUMBER: 1999-0595-AGR-E; IDENTIFIER: Enforcement Identification (ID) Number12380; LOCATION: Hico, Hamilton County, Texas; TYPE OF FACILITY: dairy; RULE VIOLATED: 30 TAC §321.31 and the Code, §26.121, by allowing an unauthorized discharge of wastewater and by failing to submit an administratively complete permit application; PENALTY: $4,375; ENFORCEMENT COORDINATOR: Sherry Smith, (512) 239-0572; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

(2)COMPANY: Donnie Barnum; DOCKET NUMBER: 1999-0395-OSS-E; IDENTIFIER: On- Site Sewage Installer Registration Number 1137; LOCATION: Brady, McCulloch County, Texas; TYPE OF FACILITY: on-site sewage; RULE VIOLATED: 30 TAC §285.58(a)(6), by failing to install an on-site sewage facility that met the minimum standards; PENALTY: $100; ENFORCEMENT COORDINATOR: Pam Campbell, (512) 239-4493; REGIONAL OFFICE: 301 West Beauregard Avenue, Suite 202, San Angelo, Texas 76903-6326, (915) 655-9479.

(3)COMPANY: City of Booker; DOCKET NUMBER: 1998-1347-MSW-E; IDENTIFIER: Municipal Solid Waste Permit Number 1943; LOCATION: Booker, Lipscomb County, Texas; TYPE OF FACILITY: municipal solid waste landfill; RULE VIOLATED: 30 TAC §330.4, by failing to submit Subtitle D upgrade documentation by required deadline; and 30 TAC §330.133, by failing to cover the active portion of the landfill daily; PENALTY: $1,600; ENFORCEMENT COORDINATOR: Jimmy Walker, (806) 353-9251; REGIONAL OFFICE: 3918 Canyon Drive, Amarillo, Texas 79109-4933, (806) 353-9251.

(4)COMPANY: Calabrian Chemicals Corporation; DOCKET NUMBER: 1998-1469-MLM-E; IDENTIFIER: Solid Waste Registration Number 30446, Air Account Number JE-0081-O, and Permit Number 01857; LOCATION: Port Neches, Jefferson County, Texas; TYPE OF FACILITY: chemical manufacturing; RULE VIOLATED: 30 TAC §335.4 and the Code, §26.121, by allowing discharges from the cuprous chloride unit and a discharge of hazardous waste from a rolloff box; 30 TAC §335.6(c), by failing to update the notice of registration; 30 TAC §335.112(a)(3), by failing to list on-site spill response equipment description and location in the contingency plan; 30 TAC §101.4, §101.5, and the Act, §382.085(a) and (b), by allowing the uncontrolled release of 31,660 pounds of sulfur dioxide; and Permit Number 01857 and the Code, §26.121, by failing to meet the permitted effluent limits and by failing to maintain the required minimum of two feet of freeboard in the lower pond; PENALTY: $13,550; ENFORCEMENT COORDINATOR: Susan Johnson, (512) 239-2555; REGIONAL OFFICE: 3870 Eastex Freeway, Suite 110, Beaumont, Texas 77703-1892, (409) 898-3838.

(5)COMPANY: City of Centerville; DOCKET NUMBER: 1998-1385-MWD-E; IDENTIFIER: Permit Number 10147-001; LOCATION: Centervile, Leon County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: Permit Number 10147-001 and the Code, §26.121, by failing to ensure that effluent discharged met the permitted limits; PENALTY: $3,000; ENFORCEMENT COORDINATOR: Brian Lehmkuhle, (512) 239-4482; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

(6)COMPANY: Mr. and Mrs. Lee R. Moyers dba G & M Oil Company; DOCKET NUMBER: 1999-0444-PST-E; IDENTIFIER: Petroleum Storage Tank (PST) ID Number 0036857; LOCATION: Aspermont, Stonewall County, Texas; TYPE OF FACILITY: gasoline dispensing station; RULE VIOLATED: 30 TAC §334.55(a)(3) by failing to have the permanent removal from service of a underground storage tank (UST) conducted by qualified personnel; PENALTY: $1,000; ENFORCEMENT COORDINATOR: Lori Haynie, (915) 698-9674; REGIONAL OFFICE: 1977 Industrial Boulevard, Abilene, Texas 79602-7833, (915) 698-9674.

(7)COMPANY: Greif Bros. Corporation; DOCKET NUMBER: 1998-0919-AIR-E; IDENTIFIER: Air Account Number HG-1221-O; LOCATION: La Porte, Harris County, Texas; TYPE OF FACILITY: drum manufacturing plant; RULE VIOLATED: 30 TAC §101.6(b) and the Act, §382.085(b), by failing to create and maintain records of recordable upsets; 30 TAC §115.423(a)(3) and the Act, §382.085(b), by failing to demonstrate or determine an overall control efficiency of 80% of the volatile organic compound (VOC) emissions; 30 TAC §116.115(a), Permit Number 20176, and the Act, §382.085(b), by failing to maintain the incinerator at the required permitted temperature; 30 TAC §116.116(a), Permit Number 20176, and the Act, §382.085(b), by failing to represent in the permit the use of airless spray guns; 30 TAC §116.115(a), Permit Number 20176, and the Act, §382.085(b), by failing to maintain the required temperature during cleanup operations and color changes, apply interior linings in more than one paint booth at the same time, equip stack exits with proper rain caps, notify and receive permit approval for replacing the solvent cleaner, maintain interior coatings usage limit, institute a monthly inspection and maintenance program for all existing paint booths, existing ovens, the interior lining booths and flash off ovens, record results of the monthly inspection, incorporate a sampling port into the design of the incinerator stack, test the incinerator for total VOC emissions, destruction efficiency, and the capture efficiency of lining booths and ducts as required, meet the required testing time frame, and submit the required report which demonstrates compliance with all permit provisions; 30 TAC §116.116(a), Permit Number 20176, and the Act, §382.085(b), by failing to notify and receive permit approval for changing to new coatings; 30 TAC §116.115(a), Standard Exemption Number 27(a), and the Act §382.085(b), by failing to install the required fabric filters in the polyethylene silos; and 30 TAC §115.421(a)(9)(A)(i) and (iii), §116.115(c), Permit Number 20176, and the Act, §382.085(b), by failing to comply with the daily weighted average limits for interior protective coatings for pails, drums, and extreme performance coating; PENALTY: $44,484; ENFORCEMENT COORDINATOR: Anne Marie Callery, (713) 767-3776; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(8)COMPANY: Antonio Haghenbeck Y De La Lama Foundation, Inc.; DOCKET NUMBER: 1998-1255-PST-E; IDENTIFIER: PST ID Number 63226; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: convenience store with retail gasoline sales; RULE VIOLATED: 30 TAC §115.246(7)(A) and the Act, §382.085(b), by failing to provide all State II vapor recovery system (VRS) records upon request; 30 TAC §115.248(1) and the Act, §382.085(b), by failing to ensure that at least one facility representative receive Stage II VRS training; and 30 TAC §115.244(1) and the Act, §382.085(b), by failing to conduct daily inspections of the Stage II VRS at the station; PENALTY: $3,150; ENFORCEMENT COORDINATOR: Gayle Zapalac, (512) 239-1136; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767- 3500.

(9)COMPANY: Mohammad Bataineh and Nahad Hamed; DOCKET NUMBER: 1999-0429-PST- E; IDENTIFIER: PST ID Number 0017583; LOCATION: Dallas, Dallas County, Texas; TYPE OF FACILITY: gasoline sales; RULE VIOLATED: 30 TAC §115.241 and the Act, §382.085(b), by failing to install a Stage II VRS; 30 TAC §334.79(d)(3), by failing to provide an amended registration for any change or additional information regarding USTs within 30 days of the occurrence of the change or addition, or within 30 days of the date on which the owner or operator first became aware of the change or addition, 30 TAC §334.50(b)(1)(A), by failing to ensure that all tanks are monitored for releases at a frequency of at least once every month; and 30 TAC §334.93(b), by failing to demonstrate financial responsibility for taking corrective action and for compensating third parties for bodily injury and property damage caused by accidental releases arising from the operation of petroleum USTs; PENALTY: $6,160; ENFORCEMENT COORDINATOR: Gayle Zapalac, (512) 239-1136; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 469-6750.

(10)COMPANY: Sajat, Incorporated dba K L & B Food Store; DOCKET NUMBER: 1998- 1403-PST-E; IDENTIFIER: PST ID Number 0065102; LOCATION: Baytown, Harris County, Texas; TYPE OF FACILITY: convenience store with retail gasoline sales; RULE VIOLATED: 30 TAC §115.245(2) and the Act, §382.085(b), by failing to conduct annual pressure decay testing; PENALTY: $1,000; ENFORCEMENT COORDINATOR: Trina K. Lewison, (713) 767-3607; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(11)COMPANY: K Truck Lines Incorporated dba K-Line Trucking; DOCKET NUMBER: 1999- 0281-PST-E; IDENTIFIER: PST ID Number 71663; LOCATION: Grand Prairie, Dallas County, Texas; TYPE OF FACILITY: fleet refueling; RULE VIOLATED: 30 TAC §334.6(b)(2), by failing to provide written notification prior to initiating the removal of a UST system; 30 TAC §334.7(a)(1), by failing to register two USTs in existence; and 30 TAC §334.21, by failing to pay the required UST fees; PENALTY: $2,000; ENFORCEMENT COORDINATOR: Julia McMasters, (512) 239-5839; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 469-6750.

(12)COMPANY: Ali Chranya dba Monaville Grocery and General Store; DOCKET NUMBER: 1999-0490-PWS-E; IDENTIFIER: Public Water Supply (PWS) Number 2370043; LOCATION: Hempstead, Waller County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.106(e) and the THSC, §341.033(d), by failing to submit water samples for bacteriological analysis and by failing to provide public notice of failure to perform bacteriological sampling; and the THSC, §341.041, by failing to pay the public health safety fees; PENALTY: $3,438; ENFORCEMENT COORDINATOR: Jayme Brown, (512) 239-1683; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(13)COMPANY: Reliant Energy, Incorporated; DOCKET NUMBER: 1999-0065-AIR-E; IDENTIFIER: Air Account Number FG-0020-V; LOCATION: Thompsons, Fort Bend County, Texas; TYPE OF FACILITY: electric generating station ; RULE VIOLATED: 30 TAC §116.115(b), Permit Number 7705, and the Act, §382.085(b), by failing to maintain records of daily tonnage of limestone unloading; PENALTY: $6,250; ENFORCEMENT COORDINATOR: Sam Akinola, (713) 767-3725; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(14)COMPANY: City of Romo; DOCKET NUMBER: 1999-0415-PWS-E; IDENTIFIER: PWS Number 2140007; LOCATION: Roma, Starr County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.46(d)(1), by failing to submit copies of the monthly water works operation reports; PENALTY: $3,125; ENFORCEMENT COORDINATOR: Shawn Stewart, (512) 239-6684; REGIONAL OFFICE: 1804 West Jefferson Avenue, Harlingen, Texas 78550-5247, (956) 425-6010.

(15)COMPANY: Property Owners' Association of Terlingua Ranch, Inc.; DOCKET NUMBER: 1998-1110-PWS-E; IDENTIFIER: PWS Number 0220004; LOCATION: Study Butte, Brewster County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.45(c)(1)(B)(i), by failing to meet the agency's minimum water system capacity requirements of 0.6 gallons per minute per connection; 30 TAC §290.113, by failing to meet the commission's minimum water quality standards for sulfates and total dissolved solids concentration; 30 TAC §290.44(d) and §290.46(u), by failing to provide a minimum pressure of 35 pounds per square inch throughout the distribution system under normal operating conditions; 30 TAC §246(f)(2) and (t), by failing to obtain a chlorine test kit which uses the diethyl-p- phenylenediamine method and by failing to maintain water storage facilities in a watertight condition; and 30 TAC §290.43(c)(3) and (4), by failing to provide a properly designed overflow pipe for the elevated-ground storage tank and by failing to provide a water level indicator for the elevated-ground storage tank; PENALTY: $1,250; ENFORCEMENT COORDINATOR: Julia McMasters, (512) 239- 5839; REGIONAL OFFICE: 7500 Viscount Boulevard, Suite 147, El Paso, Texas 79925-5633, (915) 778-9634.

(16)COMPANY: Union Carbide Corporation; DOCKET NUMBER: 1998-1413-AIR-E; IDENTIFIER: Air Account Number GB-0076-J; LOCATION: Texas City, Galveston County, Texas; TYPE OF FACILITY: petrochemical plant; RULE VIOLATED: 30 TAC §115.354(4), §101.11(a), and the Act, §382.085(b), by failing to monitor three relief valves within 24 hours of start of venting to the atmosphere; PENALTY: $17,985; ENFORCEMENT COORDINATOR: Sam Akinola, (713) 767-3725; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

TRD-9905746

Paul Sarahan

Director, Litigation Division

Texas Natural Resource Conservation Commission

Filed: September 7, 1999


The Texas Natural Resource Conservation Commission (TNRCC or commission) Staff is providing an opportunity for written public comment on the listed Agreed Orders (AOs) pursuant to the Texas Water Code (the Code), §7.075. Section 7.075 requires that before the TNRCC may approve the AOs, the TNRCC shall allow the public an opportunity to submit written comments on the proposed AOs. Section 7.075 requires that notice of the opportunity to comment must be published in the Texas Register not later than the 30th day before the date on which the public comment period closes, which in this case is October 17, l999 . Section 7.075 also requires that the TNRCC promptly consider any written comments received and that the TNRCC may withdraw or hold approval of an AO if a comment discloses facts or considerations that the consent is inappropriate, improper, inadequate, or inconsistent with the requirements of the statutes and rules within the TNRCC's Orders and permits issued pursuant to the TNRCC's regulatory authority. Additional notice of changes to a proposed AO is not required to be published if those changes are made in response to written comments.

A copy of each of the proposed AOs is available for public inspection at both the TNRCC's Central Office, located at 12100 Park 35 Circle, Building A, 3rd Floor, Austin, Texas 78753, (512) 239-3400 and at the applicable Regional Office listed as follows. Written comments about the AOs should be sent to the attorney designated for the AO at the TNRCC's Central Office at P.O. Box 13087, MC 175, Austin, Texas 78711-3087 and must be received by 5:00 p.m. on October 17, l999 . Written comments may also be sent by facsimile machine to the attorney at (512) 239-3434. The TNRCC attorneys are available to discuss the AOs and/or the comment procedure at the listed phone numbers; however, §7.075 provides that comments on the AOs should be submitted to the TNRCC in writing .

(1 )COMPANY: City of Bandera; DOCKET NUMBER: 1998-0397-MWD-E; TNRCC IDENTIFICATION (ID) NUMBER: 12454; LOCATION: Bandera, Bandera County, Texas; TYPE OF FACILITY: wastewater treatment plant; RULES VIOLATED: the Code, §26.121 by placing sludge outside of the approved sludge drying beds; PENALTY: $9,375; STAFF ATTORNEY: Nathan Block, Litigation Division, MC 175, (512) 239-4706; REGIONAL OFFICE: 140 Heimer Road, Suite 360, San Antonio, Texas 78232-5042, (210) 490-3096. (2)COMPANY: Jerry M. Compton; DOCKET NUMBER: 1998-1382-OSS-E; TNRCC ID NUMBER: OS4986; LOCATION: Athens, Henderson County, Texas; TYPE OF FACILITY: sewage facility; RULES VIOLATED: Texas Health and Safety Code (THSC), §366.051(c) by failing to obtain a permit and approved plan prior to constructing an on-site sewage facility; PENALTY: $1,250; STAFF ATTORNEY: Booker Harrison, Litigation Division, MC 175, (512) 239-4113; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100. (3)COMPANY: Bill Crouch and Dale Dixon dba Dixon Dairy; DOCKET NUMBER: 1999-0632- AGR-E; TNRCC ID NUMBER: 13684; LOCATION: Alvarado, Johnson County, Texas; TYPE OF FACILITY: concentrated animal feeding operation; RULES VIOLATED: 30 TAC §321.33(e) and §321.39(f)(16)(19) by failing to provide retention pond liner certification, to construct adequate waste control barriers, and to equip retention facilities with either irrigation or evaporation systems capable of dewatering the retention facilities; PENALTY: $7,500; STAFF ATTORNEY: John Wright, Litigation Division, MC 175, (512) 239-2269; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 469-6750. (4)COMPANY: Dan Griffin dba Griffin Oil Company; DOCKET NUMBER: 1997-1135-PST-E; TNRCC ID NUMBER: 11945; LOCATION: El Dorado, Schleicher County, Texas; TYPE OF FACILITY: aboveground storage tanks (ASTs); RULES VIOLATED: 30 TAC §334.75 by failing to contain and immediately clean up a spill, report it to the commission within 24 hours, and begin corrective action; 30 TAC § 334.129(a) by failing to report a suspected or confirmed release of a petroleum product from ASTs; the Code, §26.121(a)(3) by allowing unauthorized discharges of contaminated truck wash water into or adjacent to waters in the state; 30 TAC §334.127(a)(1) by failing to register ASTs with the commission; 30 TAC §334.125(a)(1) by failing to register the ASTs prior to depositing any petroleum products into the ASTs; and 30 TAC §334.128(a)(3) by failing to pay annual facility fees for the ASTs; PENALTY: $17,000; STAFF ATTORNEY: Ali Abazari, Litigation Division, MC 175, (512) 239-5915; REGIONAL OFFICE: 301 West Beauregard Avenue, Suite 202, San Angelo, Texas 76903-6326, (915) 655-9479. (5)COMPANY: Antonio Haghenbeck Y De La Lama Foundation, Incorporated; DOCKET NUMBER: 1998-1255-PST-E; TNRCC ID NUMBER: 63226; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: retail convenience store with gasoline dispensers; RULES VIOLATED: 30 TAC §115.246(7)(A) and the Code, §382.085(b) by failing to provide all Stage II vapor recovery system (VRS) records upon request for review; 30 TAC §115.248(1) by failing to ensure that at least one facility representative receive Stage II VRS training; and 30 TAC §115.244(1) by failing to conduct daily inspections of the Stage II VRS at the station; PENALTY:$3,150; STAFF ATTORNEY: Scott McDonald, Litigation Division, MC 175, (512) 239-6005; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500. (6)COMPANY: Hopkins County and Goodwill Industries; DOCKET NUMBER: 1998-0645-PST-E; TNRCC ID NUMBER: 40088; LOCATION: Sulphur Springs, Hopkins County, Texas; TYPE OF FACILITY: municipal solid waste transfer station; RULES VIOLATED: 30 TAC §330.4(a), (d), and (e) by failing to submit required registration application and by failing to obtain approval to operate a municipal solid waste transfer facility; PENALTY: $2,500; STAFF ATTORNEY: Nathan Block, Litigation Division, MC 175, (512) 239-4706; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100. (7)COMPANY: Ogletree Forest Products, Incorporated; DOCKET NUMBER: 1998-1240-AIR-E; TNRCC ID NUMBER: PF-0007-F; LOCATION: Livingston, Polk County, Texas; TYPE OF FACILITY: retail lumber; RULES VIOLATED: 30 TAC §116.115(c) and THSC, §382.085(b) by failing to have sampling ports or platforms incorporated into the stack of the boiler; 30 TAC §116.117(a)(1) and (2), (b)(1), and THSC, §382.085(b) by failing to submit an annual report with a PI-E form for each change made to a qualified facility and by failing to maintain on site documentation regarding quantification of all emission increases and decreases and a description of the physical or operational changes to boiler number two; and 30 TAC §101.27 and THSC, §382.0621 by failing to pay outstanding air emissions fees; PENALTY: $5,000; STAFF ATTORNEY: Tracy L. Gross, Litigation Division, MC 175, (512) 239-1736; REGIONAL OFFICE: 3870 Eastex Freeway, Suite 110, Beaumont, Texas 77703-1892, (409) 898-3838. (8)COMPANY: Bruce Allen Pridgen; DOCKET NUMBER: 1999-0038-IRR-E; TNRCC ID NUMBER: LI0006560; LOCATION: Midland, Midland County, Texas; TYPE OF FACILITY: landscape irrigation; RULES VIOLATED: the Code, §34.007(a) by failing to obtain a valid certificate of registration as a licensed irrigator; PENALTY: $563; STAFF ATTORNEY: David Speaker, Litigation Division, MC 175, (512) 239-2548; REGIONAL OFFICE: 3300 North A Street, Building 4, Suite 107, Midland, Texas 79705-5404, (915) 570-1359. (9)COMPANY: Texas Aircraft Milling, Incorporated; DOCKET NUMBER: 1996-1120-AIR-E; TNRCC ID NUMBER: DB0797R; LOCATION: Grand Prairie, Dallas County, Texas; TYPE OF FACILITY: chemical milling shop; RULES VIOLATED: This is an amendment to an AO issued by the commission on February 19, l997 which resolved an enforcement action against Texas Aircraft for violations of 30 TAC §115.421(a)(9)(A)(iii) and THSC, §382.085(b) by exceeding the emission specifications for volatile organic compounds in the maskant used in the chemical milling shop; PENALTY: $0; STAFF ATTORNEY: John Sumner, Litigation Division, MC 175, (512) 239- 0497; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 469-6750.

TRD-9905754

Paul Sarahan

Director, Litigation Division

Texas Natural Resource Conservation Commission

Filed: September 8, 1999


Notice of Water Quality Applications.

The following notices were issued during the period of August 31, 1999 through September 7, 1999.

The following require the applicants to publish notice in the newspaper. The public comment period, requests for public meetings, or requests for a contested case hearing may be submitted to the Office of the Chief Clerk,Mail Code 105, P O Box 13087, Austin Texas 78711-3087, WITHIN 30 DAYS OF THE DATE OF NEWSPAPER PUBLICATION OF THIS NOTICE.

ACME BRICK COMPANY has applied for a renewal of TNRCC Permit No. 03888, which authorizes the discharge of mine pit water commingled with stormwater on an intermittent and flow variable basis via Outfalls 001 and 002. The applicant operates the Garrison Clay Mine. The plant site is located on State Highway 95, approximately 1.6 miles northwest of the intersection of State Highway 95 and Interstate Highway 59 in the City of Garrison, Nacogdoches County, Texas.

AIR LIQUIDE AMERICA CORPORATION has applied for a renewal of TNRCC Permit No. 01954, which authorizes the discharge commingled cooling tower blowdown, wash water, floor drain, and domestic wastewater at a daily average flow not to exceed 230,000 gallons per day via Outfall 001. Issuance of this Texas Pollutant Discharge Elimination System (TPDES) permit will replace the existing NPDES Permit No. TX0065021 issued on June 30, 1986 and TNRCC Permit No. 01954, issued on December 11, 1992. The applicant operates an air separation plant. The plant site is located on the west side of Farm-to-Market Road 523, near the intersection of Farm-to-Market Road 523 and State Highway 332, approximately two miles north of the City of Freeport, Brazoria County, Texas.

AKZO NOBEL CHEMICALS INC. has applied for a major amendment to TNRCC Permit No. 02182 to authorize the discharge of steam condensate and evaporative spray water on an intermittent and flow variable basis via Outfall 001. The current permit authorizes the discharge of stormwater and firewater pond overflow an intermittent and flow variable basis via Outfall 001. Issuance of this Texas Pollutant Discharge Elimination System (TPDES) permit will replace the existing NPDES Permit No. TX0076864 issued on August 20, 1982 and TNRCC Permit No. 02182, issued on June 20, 1994. The applicant operates a specialty organic chemicals and inorganic catalyst manufacturing facility. The plant site is located at 13000 Bay Park Road in the Bayport Industrial Park, approximately 3 miles west of Galveston Bay on Bay Park Road, one half mile south of Fairmont Parkway, in the City of La Porte, Harris County, Texas.

ARETE REAL STATE AND DEVELOPMENT COMPANY has applied to the Texas Natural Resource Conservation Commission (TNRCC) for a renewal of TNRCC Permit No. 14096-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 100,000 gallons per day. The plant site is located approximately 1500 feet north of Farm-to-Market Road 356, approximately 1.5 miles east of the intersection of Farm-to-Market Road 356 and Farm-to-Market Road 355 in Trinity County, Texas.

BELL COUNTY WATER CONTROL & IMPROVEMENT DISTRICT NO. 2 has applied for a renewal of TNRCC Permit No. 11090-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 94,000 gallons per day. The plant site is located immediately west of State Highway 95 approximately 700 feet south of the intersection of State Highway 95 and Farm-to-Market Road 436 in Bell County, Texas.

CITY OF BRIDGEPORT has applied for a renewal of TNRCC Permit No. 10389-002, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 840,000 gallons per day. The plant site is located approximately 1500 feet southwest of the intersection of State Highway 114 and Farm-to-Market Road 2123 in Wise County, Texas.

CITY OF BRYAN has applied for a renewal of TNRCC Permit No. 10426-003, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 750,000 gallons per day. The plant site is located approximately 3000 feet west of Farm-to-Market Road 2818 and approximately 4 miles southeast of State Highway 21 in Brazos County, Texas.

CITY OF BUDA has applied for a major amendment to TNRCC Permit No. 11060-001 to authorize an decrease in the discharge of treated domestic wastewater from a daily average flow not to exceed 70,000 gallons per day to a daily average flow not to exceed 60,000 gallons per day and to incorporate an interim phase of a daily average flow not to exceed 45,000 gallons per day into draft permit. The proposed amendment also requests to change the discharge point in the final phase from the Colorado River Watershed to the Plum Creek Watershed.The plant site is located approximately 1900 feet north of the northernmost intersection of Loop 4 and the Missouri Pacific Railroad, on the east bank of Onion Creek in Hays County, Texas.

CAMPBELL SOUP COMPANY has applied for a renewal of an existing wastewater permit. The applicant has an existing National Pollutant Discharge Elimination System (NPDES) Permit No. TX0008982 and an existing Texas Natural Resource Conservation Commission (TNRCC) Permit No. 01012. The draft permit authorizes the discharge of treated process wastewater, utility wastewater and stormwater at a daily average flow not to exceed 10,000,000 gallons per day via Outfall 001. The applicant operates a canning facility that produces various soups and other specialty foods, and manufactures steel containers. The plant site is located at 500 North Loop 286, which is approximately 1/4 mile west of the intersection of U.S. Loop Highway 286 and U.S. Highway 271, in the northern portion of the City of Paris in Lamar County, Texas.

CITY OF CHICO has applied to the Texas Natural Resource Conservation Commission (TNRCC) for a renewal of TNRCC Permit No. 10023-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 76,000 gallons per day. The plant site is located 0.25 mile south of Farm-to-Market Road 1810 and approximately 1.0 mile east of the City of Chico in Wise County, Texas.

CITY OF CLIFTON has applied for a major amendment to TNRCC Permit No. 10043-001 to authorize an increase in the discharge of treated domestic wastewater from a daily average flow not to exceed 400,000 gallons per day to a daily average flow not to exceed 650,000 gallons per day. The plant site is located on the west bank of the Bosque River immediately south of Farm-to-Market Road 219, on the east side of the City of Clifton in Bosque County, Texas.

DICKSON WEATHERPROOF NAIL COMPANY AND CDC COATINGS COMPANY has applied for a renewal of an existing wastewater permit. The applicant has an existing National Pollutant Discharge Elimination System (NPDES) Permit No. TX0093513 and an existing Texas Natural Resource Conservation Commission (TNRCC) Permit No. 02650. The draft permit authorizes the discharge of treated process wastewater (spent plating and wash water) at a daily average flow not to exceed 15,000 gallons per day via Outfall 001. The applicant operates a cold weld mechanical galvanizing facility. The plant site is located at 14820 Talcott in the City of Channelview, Harris County, Texas.

ENCOGEN ONE PARTNERS, LTD. has applied for a renewal of TNRCC Permit No. 02963, which authorizes the discharge of stormwater runoff. The applicant operates the Sweetwater Cogeneration Plant. The plant site is located adjacent to the U.S. Gypsum Company Plant which is adjacent to Highwayy 80 (Business Route) near IH 20 Intersection, approximately 1.5 miles east of the City of Sweetwater, Nolan County, Texas.

FAIRFAX PROPERTIES, INC. AND BENCHMARK PROPERTIES, L.C. has applied for a new permit, proposed Texas Pollutant Discharge Elimination System (TPDES) Permit No. 14084-001, to authorize the discharge of treated domestic wastewater at a daily average flow not to exceed 45,000 gallons per day. The plant site is located 2,450 feet from the Redmon Street/Gum Spring Road intersection and 5,300 feet from the Redmon Road/Cotton Street intersection, and approximately 1 mile east of the City of Longview in Harrison County, Texas.

FORT BEND COUNTY MUNICIPAL UTILITY DISTRICT NO. 106 has applied for a renewal of TNRCC Permit No. 13355-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 1,350,000 gallons per day. The draft permit authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 1,350,000 gallons per day. The plant site is located 3000 feet east of Crabb River Road, approximately one mile south-southeast of the intersection of U.S. Highway 59 and Crabb River Road and east of Tara Boulevard on the north bank of Rabbs Bayou in Fort Bend County, Texas.

CITY OF FRIENDSWOOD AND GULF COAST WASTE DISPOSAL AUTHORITY has applied for a renewal of TNRCC Permit No. 11571- 001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 9,250,000 gallons per day. The draft permit authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 9,250,000 gallons per day. The plant site is located at 3902 West Bay Boulevard on the northeast bank of Clear Creek, approximately 3 miles southeast of the City of Friendswood and 3 miles southwest of Interstate Highway 45 at the NASA One Road exit in Harris County, Texas.

HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 200 has applied for a renewal of TNRCC Permit No. 12294-001, which authorizes the discharge of treated domestic wastewater at a daily average average flow not to exceed 2,500,000 gallons per day. The draft permit authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 1,440,000 gallons per day. The plant site is located at 13035 Kuykendahl Road approximately 4000 feet northwest of the intersection of Interstate Highway 45 and Rankin Road in Harris County, Texas.

CITY OF HOUSTON has applied for a renewal of TNRCC Permit No. 10495-010, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 2,000,000 gallons per day. The draft permit authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 2,000,000 gallons per day. Issuance of the proposed Texas Pollutant Discharge Elimination System (TPDES) Permit No. 10495-010 will replace the existing NPDES Permit No. TX0035106 issued on July 24, 1998 and TNRCC Permit No. 10495-010 issued on June 2, 1997. The plant site is located at 9030 Clinton Drive in the City of Houston in Harris County, Texas.

CITY OF HOUSTON has applied for a new permit, proposed Texas Pollutant Discharge Elimination System (TPDES) Permit No. 10495-150, to authorize the discharge of treated domestic wastewater at a daily average flow not to exceed 700,000 gallons per day. The plant site is located approximately 600 feet east of U.S. Highway 59 at Greens Bayou Bridge on the south bank of Greens Bayou in Harris County, Texas. The applicant was previously authorized to discharge from this facility under TNRCC Permit No. 10495-145, which expired September 1, 1998.

KONECRANES LANDEL, INC. has applied for a Texas Pollutant Discharge Elimination System (TPDES) wastewater permit. The applicant has an existing Texas Natural Resource Conservation Commission (TNRCC) Permit No. 13912-001. The draft permit authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 200,000 gallons per day. The plant site is located on the west side of North Houston Rosslyn Road, approximately 2500 feet north of the intersection of Breen Road and North Houston Rosslyn Road in Harris County, Texas.

CITY OF NEDERLAND has applied for renewal of an existing wastewater permit. The applicant has an existing National Pollutant Discharge Elimination System (NPDES) Permit No. TX0026476 and an existing Texas Natural Resource Conservation Commission (TNRCC) Permit No. 10483-002. The draft permit authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 5,220,000 gallons per day. The plant site is located immediately east of the intersection of Hardy Avenue and Avenue D, east of the main drainage canal in the City of Nederland in Jefferson County, Texas.

NEW BRAUNFELS UTILITIES has applied for a renewal of TNRCC Permit No. 10232-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 4,200,000 gallons per day. The draft permit authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 4,200,000 gallons per day. The plant site is located 2000 feet south and 3700 feet east of the intersection of Farm-to-Market Road 725 and Interstate Highway 35 in Comal County, Texas.

NEW CANEY MUNICIPAL UTILITY DISTRICT has applied for a renewal of TNRCC Permit No. 12274- 001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 1,060,000 gallons per day. The draft permit authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 1,060,000 gallons per day. The plant site is located 0.4 mile east and 1.6 miles south of the intersection of Caney Creek and Interstate Highway 59 in Montgomery County, Texas.

NEWPORT MUNICIPAL UTILITY DISTRICT has applied to the Texas Natural Resource Conservation Commission (TNRCC) for a renewal of TNRCC Permit No. 11329-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 2,000,000 gallons per day. The draft permit authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 2,000,000 gallons per day. The plant site is located west of the confluence of Gum Gully and Jackson Bayou; approximately 1.8 miles northwest of the intersection of Farm-to-Market Road 2100 and U.S. Highway 90 in Harris County, Texas.

NORIT AMERICAS, INC. AND NORIT REAL ESTATE B.V. has applied for a major amendment to TNRCC Permit No. 00703 to authorize the addition of Outfall 002 as an alternative discharge site for those wastes currently discharged via Outfall 001 and to extend the compliance deadline for total selenium, total dissolved solids, and whole effluent toxicity limitations at Outfall 001 until January 7, 2000. The current permit authorizes the discharge of treated domestic sewage, treated process wastewater, and storm water at a daily average flow not to exceed 2,000,000 gallons per day via Outfall 001, which will remain the same. Issuance of this Texas Pollutant Discharge Elimination System (TPDES) permit will replace the existing NPDES Permit No. TX0000710 issued on November 28, 1997 and TNRCC Permit No. 00703, issued on October 11, 1996. The applicant operates an activated carbon manufacturing plant. The plant site is located at the west end of University Avenue on the southwest edge of the City of Marshall, Harrison County, Texas.

PPG INDUSTRIES, INC. has applied for a renewal of TNRCC Permit No. 01220, which authorizes the discharge of rainfall runoff via Outfalls 001, 002 and 003 on an intermittent and flow variable basis. The applicant operates a chemical plant which manufactures various chloroformates, acid chlorides, and pharmaceutical intermediates. The plant site is located at the intersection of Avenue H and 16th Street in the City of LaPorte, Harris County, Texas.

CITY OF PLEASANTON has applied for a major amendment to TNRCC Permit No. 10598-001 to authorize an increase in the discharge of treated domestic wastewater from a daily average flow not to exceed 980,000 gallons per day to an annual average flow not to exceed 1,420,000 gallons per day. The current permit also authorizes the disposal of treated domestic wastewater via irrigation of 4 acres. The plant site is located approximately 0.4 mile southeast of the intersection of U.S. Highway 281 and the Missouri Pacific railroad and 0.5 mile northeast of the intersection of State Highway 97 and U.S. Highway 281 in the City of Pleasanton in Atascosa County, Texas.

PORTER MUNICIPAL UTILITY DISTRICT has applied for a major amendment to TNRCC Permit No. 12242-001 to authorize an increase in the discharge of treated domestic wastewater from a daily average flow not to exceed 860,000 gallons per day to an annual average flow not to exceed 1,300,000 gallons per day. The current permit authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 860,000 gallons per day. The plant site is located approximately 4,300 feet east of the intersection of Wallis Drive and U.S. Highway 59, and approximately 7,000 feet south of the intersection of Farm-to-Market Road 1314 and U.S. Highway 59 in Montgomery County, Texas.

QBN CORPORATION has applied for a Texas Pollutant Discharge Elimination System (TPDES) wastewater permit. The applicant has an existing Texas Natural Resource Conservation Commission (TNRCC) Permit No. 12766-001which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 19,000 gallons per day. The plant site is located on the west right-of-way of U.S. Highway 59 approximately 2,500 feet south-southwest of the intersection of Northbelt and U.S. Highway 59 in Harris County, Texas.

RAVAGO AMERICA CORPORATION has applied for a renewal of TNRCC Permit No. 03567, which authorizes the discharge of treated process, stormwater and utility wastewaters at a daily maximum flow not to exceed 6,250 gallons per day. Issuance of this Texas Pollutant Discharge Elimination System (TPDES) permit will replace the existing TNRCC Permit No. 03567, issued on June 25, 1993. The applicant operates a facility which reprocesses substandard grades of polyethylene, polypropylene, and polystyrene. The plant site is located at 18121 Cochran Road, approximately 2.8 miles south of U.S. Highway 290, approximately four miles south of the City of Prairie View, Waller County, Texas.

RICHARD VERRY has applied for a renewal of TNRCC Permit No. 12310-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 30,000 gallons per day. The draft permit authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 30,000 gallons per day. The renewal permit also authorizes a variance from the Texas Surface Water Quality Standards under 30 TAC 307.2(d)(4). The plant site is located adjacent to and east of Horsepen Bayou; approximately 1500 feet south of the intersection of Farm-to-Market Road 529 and Jackrabbit Road in Harris County, Texas

RICHEY ROAD MUNICIPAL UTILITY DISTRICT has applied for a renewal of TNRCC Permit No. 12378- 002, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 2,100,000 gallons per day. The draft permit authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 700,000 gallons per day. The plant site is located approximately 3,300 feet northeast of the intersection of Hardy Toll Road and W.W. Thorne Drive, and 3 miles south-southwest of the City of Westfield in Harris County, Texas.

SAROC OIL COMPANY, DBA REDFISH UNLIMITED has applied for a Texas Pollutant Discharge Elimination System (TPDES) wastewater permit. The applicant has an existing Texas Natural Resource Conservation Commission (TNRCC) Permit No. 03660. The draft permit authorizes the discharge of pond effluent at a daily average flow not to exceed 6,000,000 gallons per day via Outfalls 001 through 009. The applicant operates a mariculture facility for the production of redfish. The plant site is located on the eastern side of Farm-to-Market (FM) Road 3280 where FM 3280 terminates at Matagorda Bay, approximately 6 miles south-southwest of the City of Palacios in Matagorda County, Texas.

CITY OF SUGAR LAND has applied for a new permit, proposed Texas Pollutant Discharge Elimination System (TPDES) Permit No. 12833-003, to authorize the discharge of treated domestic wastewater at an annual average flow not to exceed 9,000,000 gallons per day. The plant site is located approximately 150 feet north of Bullhead Bayou, approximately 1,800 feet south of U.S. Highway 90 and approximately 3200 feet west of State Highway 6 in Fort Bend County, Texas.

CITY OF TEMPLE has applied for a renewal of TNRCC Permit No. 10470-002, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 7,500,000 gallons per day. The draft permit authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 7,500,000 gallons per day. The plant site is located on the west side of State Highway Loop 363, approximately one mile south of the intersection of State Highway 53 and State Highway Loop 363 in Bell County, Texas

TEXAS DEPARTMENT OF CRIMINAL JUSTICE has applied for a renewal of TNRCC Permit No. 11181- 001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 980,000 gallons per day. The plant site is located approximately 2.7 miles west of the intersection of the Prison Service Road with Farm-to-Market Road 230 and approximately 14.5 miles west of the City of Trinity in Houston County, Texas.

TEXAS UTILITIES ELECTRIC COMPANY has applied for a renewal of TNRCC Permit No. 00555, which authorizes the discharge of cooling tower blowdown, stormwater runoff, and previously monitored effluents at a daily average dry weather flow not to exceed 380,000 gallons per day via Outfall 001. Issuance of this Texas Pollutant Discharge Elimination System (TPDES) permit will replace the existing NPDES Permit No. TX0001155 issued on September 1, 1989 and TNRCC Permit No. 00555, issued on June 28, 1996. The applicant operates its North Main Steam Electric Station. The plant site is located on the north shore of the West Fork of the Trinity River near the confluence with the Clear Fork of the Trinity River, at the intersection of Fourth Street and North Houston Street, just north of the downtown section of Fort Worth, Tarrant County, Texas.

U.S. SILICA COMPANY has applied for a renewal of TNRCC Permit No. 01176, which authorizes the discharge of process generated wastewater, area runoff, and water from mine area dewatering not to exceed a total volume of 2,500,000 gallons during any 24-hour period via Outfalls 001, 002, 003, 004, and 005. The total volume discharged through all five outfalls shall not exceed 4,000,000 gallons per day. Issuance of this Texas Pollutant Discharge Elimination System (TPDES) permit will replace the existing NPDES Permit No. TX0001368 issued on September 25, 1987 and TNRCC Permit No. 01176, issued on February 3, 1994. The applicant operates a mining and processing facility which produces kaolin clay with sand as a by-product. The plant site is located on the east side of Farm-to-Market Road 2749 approximately one mile north of the intersection of State Highway 7 and Farm-to- Market Road 2749 and approximately 7.5 miles northeast of the City of Kosse, Limestone County, Texas

USS - CHC TUBULAR PROCESSING has applied for a renewal of TNRCC Permit No. 03540, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 6,000 gallons per day via Outfall 001, and stormwater runoff on an intermittent and flow variable basis via Outfall 005, 006, and 014. Issuance of this Texas Pollutant Discharge Elimination System (TPDES) permit will replace the existing NPDES Permit No. TX0087599 issued on April 9, 1982 and TNRCC Permit No. 03540, issued on March 17, 1995. The applicant operates a fabricating pipe products supply facility. The plant site is located at 9393 Sheldon Road, approximately four miles north of the City of Channelview in an area bounded by Sheldon Road and Highway 90, Harris County, Texas.

CITY OF WALLIS has applied for a major amendment to TNRCC Permit No. 10765-001 to authorize less stringent effluent limitations for Biochemical Oxygen Demand, Total Suspended Solids, Ammonia Nitrogen and Dissolved Oxygen. The current permit authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 498,000 gallons per day. The plant site is located approximately 5,000 feet northwest of the intersection of Farm-to-Market Road 1093 and State Highway 36 just north of State Highway 36 in Austin County, Texas.

WEATHERFORD FARMS has applied to the Texas Natural Resource Conservation Commission (TNRCC) for a major amendment to TNRCC Permit No. 03060 to authorize an increase in the maximum allowable pH level from 9.0 to 10.0 standard units. The current permit authorizes the discharge of wastewater and storm water at a daily average flow not to exceed 36,000 gallons per day via Outfall 001, which will remain the same. The applicant operates a greenhouse operation. The plant site is located on the east side of Murphy Road and approximately 1.4 miles south of the Southwest Freeway (U.S. Highway 59), Fort Bend County, Texas.

Written comments or requests for a public meeting may be submitted to the Office of the Chief Clerk, at the address provided in the information section above, WITHIN 30 DAYS OF THE ISSUED DATE OF THIS NOTICE

BRAZOS ELECTRIC POWER COOPERATIVE, INC. has applied for a renewal of TNRCC Permit No. 01903, which authorizes the discharge of once through cooling water at a daily average flow not to exceed 400,000,000 gallons per day via Outfall 001, the discharge of low volume wastewater on an intermittent and flow variable basis via Outfall 002; and the discharge of low volume wastewater and previously monitored effluents on an intermittent and flow variable basis via Outfall 003. Issuance of this Texas Pollutant Discharge Elimination System (TPDES) permit will replace the existing NPDES Permit No. TX0062197 issued on June 19, 1987 and TNRCC Permit No. 01903, issued on December 11, 1992. The applicant operates the Randle W. Miller steam electric generating station. The plant site is located on the west shore of Lake Palo Pinto, three miles east of Farm to Market Road 919, approximately 11 miles north of the City of Gordon, Palo Pinto County, Texas.

ENTERGY GULF STATES INC. has applied for a renewal of an existing wastewater permit. The applicant has an existing National Pollutant Discharge Elimination System (NPDES) Permit No. TX0006700 and an existing Texas Natural Resource Conservation Commission (TNRCC) Permit No. 01581. The draft permit authorizes the discharge of once-through cooling water and previously monitored effluent (low volume wastes, storm water runoff, cooling tower blowdown, and treated domestic sewage effluent) at a daily average flow not to exceed 237,600,000 gallons per day via Outfall 001. The applicant operates the Neches Steam Electric Station. The plant site is located on the south bank of the Neches River approximately two (2) miles east of the intersection of Sycamore Street and the Kansas City Railway Company's Chaison Spur Track in the City of Beaumont, Jefferson County, Texas

JERRY LYNN COOPER has applied for a Texas Pollutant Discharge Elimination System (TPDES) wastewater permit. The applicant has an existing Texas Natural Resource Conservation Commission (TNRCC) Permit No. 03987. The draft permit authorizes the discharge of wastewater from trucks handling septic and holding tank wastes, and from trucks handling grease and grit trap wastes at a daily average flow not to exceed 200,000 gallons per day via Outfall 001. The applicant operates a facility collecting and processing wastes from trucks handling septic and holding tank wastes, and from trucks handling grease and grit trap wastes. The plant site is located 600 feet east-northeast of the intersection of Wallisville Road and Loop 610 East, Harris County, Texas.

THE UNITED STATES DEPARTMENT OF THE AIR FORCE has applied for a renewal of TNRCC Permit No. 12651-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 1,000,000 gallons per day. The draft permit authorizes a reduced discharge of treated domestic wastewater at a daily average flow not to exceed 490,000 gallons per day. 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.

TRD-9905752

LaDonna Castañuela

Chief Clerk

Texas Natural Resource Conservation Commission

Filed: September 7, 1999


Proposals for Decision

The State Office Administrative Hearing has issued a Proposal for Decision and Order to the Texas Natural Resource Conservation Commission on June 15, 1999. In the matter of the Executive Director's Petition Against Faisal Nazir ; KF Management Services, Inc.; and NR Management, Inc. SOAH Docket No. 582-99-0434; TNRCC Docket No.98-0283-PST-E. In the matter to be considered by the Texas natural Resource Conservation Commission on a date and time to be determined by the Chief Clerk's Office in Room 201S of Building E, 12118 N. Interstate 35, Austin, Texas. This posting is Notice of Opportunity to comment on Proposal for Decision and Order. Comment period will end 30 days from date of publication. If you have any questions or need assistance, please contact Doug Kitts, Chief Clerk's Office, (512) 239-3317.

TRD-9905749

Douglas A. Kitts

Agenda Coordinator

Texas Natural Resource Conservation Commission

Filed: September 7, 1999


The State Office Administrative Hearing has issued a Proposal for Decision and Order to the Texas Natural Resource Conservation Commission on June 17,1999. Executive Director of the Texas Natural Resource Conservation v. Colonial Full Service Car Wash Incorporated, Respondent SOAH Docket No. 582-98-1796 ; TNRCC Docket No.97-1076. In the matter to be considered by the Texas natural Resource Conservation Commission on a date and time to be determined by the Chief Clerk's Office in Room 201S of Building E, 12118 N. Interstate 35, Austin, Texas. This posting is Notice of Opportunity to comment on Proposal for Decision and Order. Comment period will end 30 days from date of publication. If you have any questions or need assistance, please contact Doug Kitts, Chief Clerk's Office, (512) 239-3317.

TRD-9905750

Douglas A. Kitts

Agenda Coordinator

Texas Natural Resource Conservation Commission

Filed: September 7, 1999


Public Utility Commission of Texas

Notices of Applications for Service Provider Certificates of Operating Authority

Notice is given to the public of the filing with the Public Utility Commission of Texas of an application on August 31, 1999, for a service provider certificate of operating authority (SPCOA), pursuant to §§54.15-54.156 of the Public Utility Regulatory Act (PURA). A summary of the application follows.

Docket Title and Number: Application of MVX.COM Communications, Inc. for a Service Provider Certificate of Operating Authority, Docket Number 21292 before the Public Utility Commission of Texas.

Applicant intends to provide all forms of intrastate local exchange telecommunications services including basic residential services, residential custom calling and CLASS features, basic business exchange services, business custom calling and CLASS features, adjunct provided features, and business and residential ancillary services.

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

Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas, at P.O. Box 13326, Austin, Texas 78711-3326, or call the commission's Office of Customer Protection at (512) 936-7120 no later than September 22, 1999. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136.

TRD-9905598

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: September 2, 1999


Notice is given to the public of the filing with the Public Utility Commission of Texas of an application on August 31, 1999, for a service provider certificate of operating authority (SPCOA), pursuant to §§54.151-54.156 of the Public Utility Regulatory Act (PURA). A summary of the application follows.

Docket Title and Number: Application of GlobalTech 2000, Inc. for a Service Provider Certificate of Operating Authority, Docket Number 21291 before the Public Utility Commission of Texas.

Applicant intends to identify and strategically locate under and unutilized competitive local exchange conduit routes to provide its proprietary lowest cost construction model and bring advanced services to otherwise under served areas.

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

Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas, at P.O. Box 13326, Austin, Texas 78711-3326, or call the commission's Office of Customer Protection at (512) 936-7120 no later than September 22, 1999. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136.

TRD-9905695

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: September 3, 1999


Notices of Applications to Amend Certificates of Convenience and Necessity

Notice is given to the public of the filing with the Public Utility Commission of Texas of an application on August 26, 1999, to amend a certificate of convenience and necessity pursuant to §§14.001, 14.051, 14.052, 52.002, 52.003, 54.001, 54.005, 54.052-54.054, and 54.258 of the Public Utility Regulatory Act, (Vernon 1999) (PURA). A summary of the application follows.

Docket Title and Number: Application of TXU Communications Telephone Company to Amend Certificate of Convenience and Necessity within Montgomery County, Docket Number 21272.

Application: TXU Communications Telephone Company TXU seeks approval to amend the boundary between its Grangerland exchange and Sprint's Porter Heights exchange. The proposed revision will reconfigure the TXU/Sprint boundary in order to efficiently serve the development of the new Lone Star Ranch subdivision.

Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas, at P.O. Box 13326, Austin, Texas 78711-3326, or call the commission's Office of Customer Protection at (512) 936-7120 no later than November 4, 1999. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136.

TRD-9905594

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: September 1, 1999


Notice is given to the public of the filing with the Public Utility Commission of Texas of an application on August 20, 1999, to amend a certificate of convenience and necessity pursuant to §§14.001, 14.051, 14.052, 52.002, 52.003, 54.001, 54.005, 54.052-54.054, and 54.258 of the Public Utility Regulatory Act, (Vernon 1999) (PURA). A summary of the application follows.

Docket Title and Number: Application of Central Telephone Company of Texas doing business as Sprint to Amend Certificate of Convenience and Necessity within Cooke County, Docket Number 21263.

Application: Central Telephone Company of Texas doing business as Sprint seeks approval to amend the boundary of its Saint Jo exchange and Muenster Telephone Corporation of Texas' Muenster exchange, in order to efficiently provide service to one existing customer, as well as provide for a second line for the customer.

Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas, at P.O. Box 13326, Austin, Texas 78711-3326, or call the commission's Office of Customer Protection at (512) 936-7120 no later than October 29, 1999. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136.

TRD-9905595

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: September 1, 1999


Public Notice of Amendment to Interconnection Agreement

On August 31, 1999, Southwestern Bell Telephone Company and Fiberwave Telecom, Inc., collectively referred to as applicants, filed a joint application for approval of amendment to an existing interconnection agreement under §252(i) of the federal Telecommunications Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered sections of 15 and 47 United States Code) (FTA) and the Public Utility Regulatory Act, Texas Utilities Code Annotated §§11.001 - 63.063 (Vernon 1998) (PURA). The joint application has been designated Docket Number 21294. 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 21294. 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 1, 1999, 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 21294.

TRD-9905696

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: September 3, 1999


Public Notice of Interconnection Agreement

On August 31, 1999, Southwestern Bell Telephone Company and TXU Communications Telecom Services Company, collectively referred to as applicants, filed a joint application for approval of 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 21295. 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 21295. 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 1, 1999, 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 21295.

TRD-9905697

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: September 3, 1999


Texas Department of Transportation

Request for Proposal

The Airport Sponsors listed below, through their agent, the Texas Department of Transportation (TxDOT), intend to engage Aviation Professional Services pursuant to Chapter 2254, Subchapter A, of the Government Code. TxDOT Aviation Division will solicit and receive proposals for professional services as described in the project scope for each individual project listed below:

Airport Sponsor: Brazoria County, Brazoria County Airport; TxDOT CSJ Number 0012ANGLE Project Scope: Prepare Airport Master Plan update. DBE Goal: 2%; Project Manager: Michelle Hannah; Number of copies to submit: 7

Airport Sponsor: City of Cotulla/LaSalle County, Cotulla-LaSalle County Airport; TxDOT CSJ Number: 0022COTLA. Project Scope: Prepare Environmental Assessment. HUB Goal: 0%. Project Manager: Sandra Gaither; Number of copies to submit: 6

Airport Sponsor: City of Temple; Draughon-Miller Municipal Airport; TxDOT CSJ Number 0009TEMPl; Project Scope: Prepare Airport Master Plan. HUB Goal: 2%; Project Manager: Tammy Stone; Number of copies to submit: 5

Airport Sponsor: City of Giddings/Lee County, Giddings-Lee County Airport; TxDOT CSJ Number 0014GIDNG; Project Scope: Prepare Airport Action Plan; HUB Goal: 0%; Project Manager: Linda Howard; Number of copies to submit: 7

Airport Sponsor: City of Weslaco/ Mid-Valley Municipal Airport, TxDOT CSJ Number: 0021WESLA; Project Scope: Prepare Airport Master Plan; HUB Goal: 4%; Project Manager: Sandra Gaither; Number of copies to submit: 7

Airport Sponsor: Orange County, Orange County Airport; TxDOT CSJ Number 0020ORNGE; Project Scope: Prepare Environmental Assessment Update; DBE Goal: 0%; Project Manager: Sandra Gaither; Number of copies to submit: 6

Airport Sponsor: Ochiltree County; Perryton-Ochiltree County Airport; TxDOT CSJ Number: 0004PRYTN; Project Scope: Prepare Environmental Assessment; DBE Goal: 0%; Project Manager: Sandra Gaither; Number of copies to submit: 6

Airport Sponsor: City of San Marcos: San Marcos Municipal Airport: TxDOT CSJ Number: 0014SMRCO; Project Scope: Prepare Airport Master Plan; DBE Goal: 6%; Project Manager: Bruce Ehly; Number of copies to submit: 8

The Proposal Shall Include:

1. Firm name, address, phone number, and name of person to contact regarding the proposal.

2. Proposed project management structure identifying key personnel and subconsultants (if any).

3. Qualifications and recent, relevant experience (past five years) of the firm, names of key personnel and subconsultants relative to the performance of similar services for aviation planning projects.

4. Proposed project schedule, including major tasks and target completion dates.

5. Technical approach - a detailed discussion of the tasks or steps to accomplish the project.

6. List of in-state references including the name, address, and phone number of the person most closely associated with the firm's prior performance of similar airport planning projects.

7. Statement regarding an Affirmative Action Program.

8. Proposed Historically Underutilized Business (HUB) or Disadvantaged Business Enterprise (DBE) participation for each project above if appropriate.

Those interested consultants should submit the specified number of copies of brief proposals for each project consisting of the minimum number of pages sufficient to provide the required information for project. Proposals must be postmarked by U. S. Mail by midnight October 11, 1999 (CDST). Mailing address: TxDOT, Aviation Division, 125 E. 11th Street, Austin, Texas 78701-2483. Overnight delivery must be received by 4:00 p.m. (CDST) on October 12, 1999; overnight address: TxDOT, Aviation Division, 200 E. Riverside Drive, Austin, Texas, 78704. Hand delivery must be received by 4:00 p.m. October 12, 1999 (CDST); hand delivery address: 150 E. Riverside Drive, 5th Floor, South Tower, Austin, Texas 78704.

The airport sponsor(s) duly appointed committee will review all proposals and may select three to five firms for interviews. The final consultant selection by the sponsor's committee will be made following the completion of the review of proposals and/or interviews.

Each airport sponsor reserves the right to reject any or all proposals, and to re-open the consultant selection process.

If there are any questions, please contact Linda Howard, Director, Planning and Programming or the designated project manager at the Aviation Division, Texas Department of Transportation, (512) 416-4500 or 1-800-68-PILOT.

TRD-9905591

Bob Jackson

Deputy General Counsel

Texas Department of Transportation

Filed: September 1, 1999


Request for Qualifications

The Airport Sponsors listed below, through their agent, the Texas Department of Transportation (TxDOT), intend to engage Aviation Professional Engineering Firms for services pursuant to Chapter 2254, Subchapter A, of the Government Code. TxDOT, Aviation Division will solicit and receive qualifications for professional engineering design services as described in the project scope for each project listed below:

Airport Sponsor: Chamber County, Chambers County Airport. TxDOT Project Number: 0020ANAHC. Project Scope: Provide engineering/design services to extend RW 12-30, both ends; rehabilitate and mark 12-30; install MIRL on RW 12-30; rehabilitate TWs, hanger access TWs and apron; and purchase rotating beacon at the Chambers County Airport. Project Manager: John Wepryk.

Airport Sponsor: City of Ballinger, Bruce Field Airport; TxDOT Project Number: 0007BLNGR. Project Scope: Provide engineering/design services to overlay and mark RW 17-35; rehabilitate and mark turnaround, stub TW, and TW; reconstruct apron; and install PAPI-2 at the Bruce Field Airport. Project Manager: Steve Roth.

Airport Sponsor: Terry County; Terry County Airport. TxDOT Project Number: 0005BWNFL. Project Scope: Provide engineering/design services to rehabilitate and mark RW 2-20 and install lighted windcone, segmented circle and hold signs at the Terry County Airport. Project Manager: Bijan Jamalabad.

Airport Sponsor: City of Cotulla/LaSalle County; Cotulla-LaSalle County Airport; TxDOT Project Number: 0022COTLA. Project Scope: Provide engineering/design services to extend, widen, overlay and mark RW 13-31; construct turnarounds; extend and relocate MIRL; overlay & mark stub TW; construct hangar access TW; expand and overlay apron; install PAPI-2 RW 13-31; install deer proof fencing, RW hold and exit signs; and install erosion/sedimentation controls at the Cotulla-LaSalle County Airport. Project Manager: John Wepryk.

Airport Sponsor: City of Devine, Devine Municipal Airport. TxDOT 0015DVINE. Project Scope: Provide engineering/design services to rehabilitate and mark RW 17-35 and stub TW; construct turnarounds; rehabilitate apron; and install PAPI-2s on RW 17-35 at the Devine Municipal Airport. Project Manager: John Wepryk.

Airport Sponsor: City of Fort Stockton, Fort Stockton-Pecos County Airport; TxDOT Project Number 0006FTSTK. Project Scope: Provide engineering/design services to rehabilitate and mark RW 12-30 and RW 3-21; rehabilitate TWs, rehabilitate aprons; reconstruct hangar access TW; improve drainage at RW 12 end and install signage at the Fort Stockton-Pecos County Airport. Project Manager: Bijan Jamalabad.

Airport Sponsor: City of Hamilton; Hamilton Municipal Airport. TxDOT Project Number 0009HMLTN. Project Scope: Provide engineering/design services to rehabilitate and mark RW 18-36, TWs and apron at the Hamilton Municipal Airport. Project Manager: Alan Schmidt.

Airport Sponsor: City of Liberty; Liberty Municipal Airport. TxDOT Project Number 0020LBRTY. Project Scope: Provide engineering/design to rehabilitate and mark RW 16-34 and parallel TW; construct and rehabilitate hangar access TW; rehabilitate apron E side; rehabilitate SW apron; and install PAPI-2 on RW 16 at the Liberty Municipal Airport. Project Manager: John Wepryk.

Airport Sponsor: Moore County; Moore County Airport; TxDOT Project Number 0004DUMAS; Project Scope: Provide engineering/design services to rehabilitate and mark RWs 1-19 and 14-32; rehabilitate and mark parallel TWs to RW 1-19 and 14-32; rehabilitate north hangar access TW; reconstruct west hangar access TW; rehabilitate terminal apron; and install lighted windcone, segmented circle, and RW exit signs at the Moore County Airport. Project Manager: Alan Schmidt.

Airport Sponsor: City of Monahans; Roy Hurd Memorial Airport. TxDOT Project Number 0006MONHN. Project Scope: Provide engineering/design services to rehabilitate and mark RWs 12-30 and 1-19, and TWs; reconstruct hangar access TW; rehabilitate apron; and install hold signs at the Roy Hurd Memorial Airport. Project Manager: Bijan Jamalabad.

Airport Manager: City of Muleshoe; Muleshoe Municipal Airport. TxDOT Project Number: 0005MULES; Project Scope: Provide engineering/design services to rehabilitate and mark RW 7-25 and TWs; and rehabilitate apron at the Muleshoe Municipal Airport. Project Manager: Bijan Jamalabad.

Airport Sponsor: City of Panhandle/Carson County; Panhandle/Carson County Airport. TxDOT Project Number: 0004PNHDL. Project Scope: Provide engineering/design services to rehabilitate and mark RW 17-35 and stub TWs; rehabilitate and repair public apron; and update RW lighting and signage at the Panhandle/Carson County Airport. Project Manager: Alan Schmidt.

Airport Sponsor: City of Pecos, Pecos Municipal Airport. TxDOT Project Number: 0006PECOS. Project Scope: Provide engineering/design services to rehabilitate and mark RWs 14-32 and 9-27, and TWs; reconstruct TW from RW 27 to RW 32; rehabilitate apron; install PAPIs on RW 14-32; install signage; repair drainage on TW P at apron; replace windcone at RW 27 end; and install erosion/sedimentation controls. Project Manager: Bijan Jamalabad.

Airport Sponsor: City of Post/Garza County; Post-Garza County Municipal Airport. TxDOT Project Number: 0005POSTT. Project Scope: Provide engineering/design and construction services to rehabilitate and mark RWs 17-35 and 6-24, and TWs, and hangar access TW; rehabilitate apron; and provide drainage improvements at the Post-Garza County Municipal Airport. Project Manager: Bijan Jamalabad.

Airport Sponsor: Reagan County; Reagan County Airport; TxDOT Project Number: 0007BGLKE. Project Scope: Provide engineering/design and construction services to rehabilitate and mark RW 16-34 and stub TWs; rehabilitate hangar access TWs, apron, and lighted windcone; and replace existing segmented circle at the Reagan County Airport. Project Manager: Steve Roth.

City of Lago Vista; Rusty Allen Airport. TxDOT Project Number: 0014LAGOV. Project Scope: Provide engineering/design services to rehabilitate and mark RW 15-33; construct turnarounds; install MIRL RW 15-33; rehabilitate TW and apron; expand apron; install PAPI-2 RW 33; replace rotating beacon and tower; and install obstruction lights and hold signs at the Rusty Allen Airport. Project Manager: Tony Krauss.

Airport Sponsor: City of Seymour, Seymour Municipal Airport. TxDOT Project Number:0003SEMOR. Project Scope: Provide engineering/design and construction services to rehabilitate and mark RW 17-35; construct hangar access stub TW; and rehabilitate apron at the Seymour Municipal Airport. Project Manager: Steve Roth.

Airport Sponsor: City of Spearman, Spearman Municipal Airport. TxDOT Project Number 0004SPRMN. Project Scope: Provide engineering and design services to rehabilitate and mark RW 2-20, parallel TW and hangar access TWs; rehabilitate aprons; install PAPI-2s on RW 2-20; and install lighted windcone at the Spearman Municipal Airport. Project Manager: Alan Schmidt.

Airport Sponsor: Tyler County, Tyler County Airport. TxDOT Project Number: 0020WOODV. Project Scope: Provide engineering/design services to rehabilitate and mark RW 16-34 and apron; rehabilitate stub TW; install PAPI-2 RW 16; and upgrade RW drainage structure at the Tyler County Airport. Project Manager: John Wepryk.

Airport Sponsor: Winkler County; Winkler County Airport. TxDOT Project 00066WNKCO. Provide engineering/design services to rehabilitate, extend (13 end) and mark RW 13-31; extend MIRL RW 13 end; reconstruct apron; and install segmented circle at the Winkler County Airport. Project Manager: Bijan Jamalabad

Interested firms shall utilize the recently updated Form 439, titled "Aviation Consultant Services Questionnaire", (August 1999 version) the forms may be requested from TxDOT, Aviation Division, 125 E. 11th Street, Austin, Texas 78701-2483, Phone number, 1-800-68-PILOT (74568). The form may be E-mailed by request or downloaded from the TxDOT web site, URL address http://www.dot.state.tx.us./insdtdot/orgchart/avn/avninfo/avninfo.htm. Download the file from the selection "Consultant Services Questionnaire Packet". The form may not be altered in any way, and all printing must be in black. QUALIFICATIONS WILL NOT BE ACCEPTED IN ANY OTHER FORMAT. (Note: This is a new form updated this month. The form is an MS Word, Version 7, document).

Two completed, unfolded copies of Form 439 (August 1999 version), for each project of interest to the consultant must be postmarked by U. S. Mail by midnight October 7, 1999 (CDST). Mailing address: TxDOT, Aviation Division, 125 E. 11th Street, Austin, Texas 78701-2483. Overnight delivery must be received by 4:00 p.m. (CDST) on October 8, 1999; overnight address: TxDOT, Aviation Division, 200 E. Riverside Drive, Austin, Texas, 78704. Hand delivery must be received by 4:00 p.m. October 8, 1999 (CDST); hand delivery address: 150 E. Riverside Drive, 5th Floor, South Tower, Austin, Texas 78704. The two pages of instructions should not be forwarded with the completed questionnaires. Electronic facsimiles will not be accepted.

NEW DELIVERY OPTION Your form 439 may be E-mailed to TxDOT, at E-mail address AVNRFQ@dot.state.tx.us. E-mails must be received by midnight October 7, 1999. Received times will be determined by the marked time and date as the E-mail is received into the TxDOT network system. Please allow sufficient time to ensure delivery into the TxDOT system by the deadline. After receipt, you will be electronically notified of the date and time. Return notification may be delayed by a day or two, as the forms will be opened and printed at the TxDOT offices. Before E-mailing the form, please confirm your completion of the form. TxDOT will directly print the transmittal and not change the formatting or information contained on the form following receipt. Signatures will not be required on electronically submitted forms. You may type in the responsible party's name on the signature line.

Each airport sponsor's duly appointed committee will review all professional qualifications and select three to five firms to submit proposals. Those firms selected will be required to provide more detailed, project-specific proposals which address the project team, technical approach, Historically Underutilized Business (HUB) participation, design schedule, and other project matters, prior to the final selection process. The final consultant selection by the sponsor's committee will generally be made following the completion of review of proposals and/or consultant interviews. Each airport sponsor reserves the right to reject any or all statements of qualifications, and to conduct new professional services selection procedures.

If there are any procedural questions, please contact Karon Wiedemann, Director, Grant Management, or the designated Project Manager for technical questions at 1-800-68-PILOT (74568).

TRD-9905755

Bob Jackson

Deputy General Counsel

Texas Department of Transportation

Filed: September 8, 1999


Request for Qualifications Statement

The Airport Sponsors listed below, through their agent, the Texas Department of Transportation (TxDOT), intend to engage Aviation Professional Engineering Firms for services pursuant to Chapter 2254, Subchapter A, of the Government Code. TxDOT, Aviation Division will solicit and receive qualifications for professional engineering design services as described in the project scope for each individual project listed below:

Airport Sponsor: City of Burnet; Burnet Municipal Kate Craddock Field; TxDOT Project Number: 0014BRNET Project Scope: Provide engineering/design services to rehabilitate and mark RW 1-19; rehabilitate parallel, stub and hangar TWs; rehabilitate north and south aprons; improve drainage for apron; expand apron; install PAPI-4 RW 1; install REIL RW 1-19; rehabilitate and relocate beacon and tower; install radio controller; mark compass rose on south apron; and upgrade RW signage at the Burnet Municipal Kate Craddock Field; Project Manager: Alan Schmidt

Airport Sponsor: City of Dalhart; Dalhart Municipal Airport; TxDOT Project Number: 0004DALHT Project Scope: Provide engineering/design services to rehabilitate and mark RW 3-21; construct and mark TW from RW 17-35 to TW D; rehabilitate and mark parallel TW to RW 3 end; seal TW D concrete payment joints; reconstruct section of TW D; mark and install TW reflectors TW D; install secondary lighted windcone RW 35 end; install PAPI-4 RW 35 end; install signage; and install erosion/sedimentation controls at the Dalhart Municipal Airport; Project Manager: Alan Schmidt

Airport Sponsor: City of Denton, Denton Municipal Airport; TxDOT Project Number: 0018DNTON; Project Scope: Provide engineering/design services to rehabilitate and mark RW 17-35; reconstruct partial parallel TW; rehablitate and mark parallel and stub TWs to RW 17-35; rehabilitate and mark hangar access TWs; install MITL and edge reflectors; rehabilitate apron; construct helipad; upgrade runway signage; and install security fencing at the Denton Municipal Airport . Project Manager: Tony Krauss.

Airport Sponsor: City of Gainesville, Gainesville Municipal Airport; TxDOT Project Number: 0003GAINS; Project Scope: Provide engineering/design services to rehabilitate and mark RW 17-35; rehablitate and mark RW 12-30; rehabiliate TWs A, B, C, D, and E; rehabilitate PCC apron; replace radio control; install PAPI-4 RW 35; install REIL RW 17-35; upgrade signage; relocate windcone and segmented circle; and install security fencing at the Gainesville Municipal Airport. Project Manager: Tony Krauss

Airport Sponsor: Cities of Midlothian & Waxahachie, Mid-Way Airport; TxDOT Project Number: 0018WAXCH Project Scope: Provide engineering/design services to rehabilitate and mark 18-36; rehabilitate and mark parallel and stub TWs; rehabilitate apron; and upgrade runway signage at the Mid-Way Airport Project Manager: Tony Kruass

Airport Sponsor: City of New Braunfels, New Braunfels Municipal Airport; TxDOT Project Number: 0015NBRNF. Project Scope: Provide engineering/design services to rehabilitate and mark RW 13-31; rehabilitate and mark 17-35; rehabilitate TWs A, B, C, D, E, and F; extend TW E to RW 17-35; rehabilitate hangar apron and taxilane; construct terminal apron; replace hangar apron tiedowns; install terminal apron tiedowns; install RW signage; install 2 threshold lights RW 17-35; install PAPI-4 RW 31, lighted windcone, segmented circle and equipment vault at the New Braunfels Municipal Airport. Project Manager: Tony Krauss.

Airport Sponsor: County of Orange, Orange County Airport; TxDOT Project Number: 0020ORNGE Project Scope: Provide engineering/design services to extend RW 4-22 at 4 end; clearing and site preparation for RW extension; drainage improvements; overlay and mark RW 4-22; extend MIRL RW 4-22; extend parallel TW; rehabilitate hangar access TWs; install ag apron; install REIL RW 4-22; relocate PAPI RW 4; remove and relocate MITL; install TW edge reflectors; install signage for RW exit and ramp; overlay and mark TW; reconstruct/overlay and mark apron; install erosion/sedimentation controls at the Orange County Airport. Project Manager: John Wepryk

Airport Sponsor: City of Palestine; Palestine Municipal Airport; TxDOT Project Number: 0010PALST. Project Scope: Provide engineering/design services to rehabilitate and mark RW 17-35; rehabilitate and mark RW 8-26; realign and rehabilitate TW to RW 17; rehabilitate TWs to RWs 35 and 26; rehabilitate and mark apron; expand apron; reconfigure and add apron tiedowns; install PAPI-4 RW 35; install TW signage to RW 35; and replace rotating beacon at the Palestine Municipal Airport. Project Manager: Tony Krauss.

Interested firms shall utilize the recently updated Form 439 , titled "Aviation Consultant Services Questionnaire", (August 1999 version) the forms may be requested from TxDOT, Aviation Division, 125 E. 11th Street, Austin, Texas 78701-2483, Phone number, 1-800-68-PILOT (74568). The form may be E-mailed by request or downloaded from the TxDOT web site, URL address http://www.dot.state.tx.us./insdtdot/orgchart/avn/avninfo/avninfo.htm. Download the file from the selection "Consultant Services Questionnaire Packet". The form may not be altered in any way, and all printing must be in black. QUALIFICATIONS WILL NOT BE ACCEPTED IN ANY OTHER FORMAT. (Note: This is a new form updated this month. The form is an MS Word, Version 7, document).

Two completed, unfolded copies of Form 439 (August 1999 version), for each project of interest to the consultant must be postmarked by U. S. Mail by midnight September 30, 1999 (CDST). Mailing address: TxDOT, Aviation Division, 125 E. 11th Street, Austin, Texas 78701-2483. Overnight delivery must be received by 4:00 p.m. (CDST) on October 1, 1999; overnight address: TxDOT, Aviation Division, 200 E. Riverside Drive, Austin, Texas, 78704. Hand delivery must be received by 4:00 p.m. October 1, 1999 (CDST); hand delivery address: 150 E. Riverside Drive, 5th Floor, South Tower, Austin, Texas 78704. The two pages of instructions should not be forwarded with the completed questionnaires. Electronic facsimiles will not be accepted.

NEW DELIVERY OPTION Your form 439 may be emailed to TxDOT, email address AVNRFQ@dot.state.tx.us. Emails must be received by midnight September 30, 1999. Received times will be determined by the marked time and date as the email is received into the TxDOT network system. Please be sure and email your forms in sufficient time to insure timely delivery into the TxDOT system. After receipt, you will be notified by return email of the date and time of receipt. Return notification may be delayed by a day or two as the forms will be opened and printed at the TxDOT offices. Before emailing the form, please be sure and check your completion of the form. TxDOT will not change the formatting or information contained on the form following receipt. Additionally, on emailed forms, written signatures are not required on the form. You may type in the responsible party's name on the signature line.

Each airport sponsor's duly appointed committee will review all professional qualifications and select three to five firms to submit proposals. Those firms selected will be required to provide more detailed, project-specific proposals which address the project team, technical approach, Disadvantaged Business Enterprises (DBE) participation, design schedule, and other project matters, prior to the final selection process. The final consultant selection by the sponsor's committee will generally be made following the completion of review of proposals and/or consultant interviews. Each airport sponsor reserves the right to reject any or all statements of qualifications, and to conduct new professional services selection procedures.

If there are any procedural questions, please contact Karon Wiedemann, Director, Grant Management, or the designated Project Manager for technical questions at 1-800-68-PILOT (74568).

TRD-9905592

Bob Jackson

Deputy General Counsel

Texas Department of Transportation

Filed: September 1, 1999


Texas Water Development Board

Eligible County List

Pursuant to 31 TAC §355.72(a), the Texas Water Development Board (the board), through its executive administrator, publishes the following list of Texas counties which are eligible to apply for financial assistance from the Economically Distressed Areas Program. These counties will continue to be eligible for such assistance until the next list is published which will be 60 days after the executive administrator of the board receives sufficiently reliable statistics to establish the statewide per capita income and unemployment rates for the previous three years, which is anticipated to be in November of 1999. Brewster County, Brooks County, Cameron County, Coleman County, Cottle County, Crosby County, Culberson County, Dimmit County, Duval County, El Paso County, Frio County, Hall County, Hidalgo County, Hudspeth County, Jeff Davis County, Jim Hogg County, Jim Wells County, King County, Kinney County, Kleberg County, La Salle County, Liberty County, Marion County, Maverick County, Mitchell County, Newton County, Nolan County, Panola County, Presidio County, Red River County, Reeves County, San Augustine County, San Patricio County, Starr County, Terrell County, Tyler County, Uvalde County, Val Verde County, Ward County, Webb County, Willacy County, Winkler County, Zapata County, and Zavala County

TRD-9905747

Suzanne Schwartz

General Counsel

Texas Water Development Board

Filed: September 7, 1999


Texas Workers' Compensation Commission

Invitation to Applicants for Appointment to the Medical Advisory Committee

Standards and Procedures for the Medical Advisory Committee

The Texas Workers' Compensation Commission at its August 5, 1999 public meeting revised the Standards and Procedures for the Medical Advisory Committee. The revisions include the addition of an insurance carrier representative and qualifications for that new position, and revision of the terms of appointment for all positions. The approved Standards and Procedures are as follows:

LEGAL AUTHORITY The Medical Advisory Committee for the Texas Workers' Compensation Commission, Medical Review Division is established under the Texas Workers' Compensation Act, (the Act) §413.005.

PURPOSE AND ROLE The purpose of the Medical Advisory Committee (MAC) is to bring together representatives of 12 health care specialties and representatives of labor, business, insurance and the general public to advise the Medical Review Division in developing and administering the medical policies, fee guidelines, and the utilization guidelines established under §413.011 of the Act.

COMPOSITION Membership The committee, appointed by the Commissioners, is composed of 17 members who must be knowledgeable and qualified regarding work-related injuries and diseases.

Twelve members of the committee shall represent specific health care provider groups. These members shall include a public health care facility, a private health care facility, a doctor of medicine, a doctor of osteopathic medicine, a chiropractor, a dentist, a physical therapist, a podiatrist, an occupational therapist, a medical equipment supplier, and a registered nurse. Appointees must have at least six years of professional experience in the medical profession they are representing and engage in an active practice in their field.

The Commissioners shall also appoint an insurance carrier representative to serve on the MAC. This member may be employed by: an insurance company; a certified self-insurer for workers' compensation insurance; or a governmental entity that self-insures, either individually or collectively. An insurance carrier member may be a medical director for the carrier but may not be a utilization review agent or a third party administrator for the carrier.

A health care provider member, or a business the member is associated with, may not derive more than 40% of its revenues from workers compensation patients. This fact must be certified in their application to the MAC.

The Commissioners shall appoint a representative of employers, a representative of employees, and two representatives of the general public. These appointees shall not hold a license in the health care field and may not derive their income directly from the provision of health care services.

The Commissioners may appoint one alternate representative for each primary member appointed to the MAC, each of whom shall meet the qualifications of an appointed member.

Terms of Appointment Members serve at the pleasure of the Commissioners, and individuals are required to submit the appropriate application form and documents for the position. The term of appointment for any primary or alternate member will be two years, except for unusual circumstances (such as a resignation, abandonment or removal from the position prior to the termination date) or unless otherwise directed by the Commissioners. A member may serve a maximum of two terms as a primary, alternate or a combination of primary and alternate member. Terms of appointment will terminate August 31 of the second year following appointment to the position, except for those positions that were initially created with a three-year term. For those members who are appointed to serve a part of a term that lasts six months or less, this partial appointment will not count as a full term. Abandonment will be deemed to occur if any primary or alternate member is absent from more than two consecutive meetings without an excuse accepted by the Medical Review Division Director. The terms of appointment will be maintained as follows:

Primary: Year Ending in Odd Number Chiropractor Osteopath Pharmacy Dentist General Public1 Private Health Care Facility Occupational Therapist Insurance Carrier

Primary: Year Ending in Even Number Registered Nurse Public Health Care Facility Medical Equipment Physical Therapist General Public 2 Medical Doctor Podiatrist Employer Employee

Alternate: Year Ending in Odd Number Chiropractor Osteopath *Pharmacy Dentist *General Public 1 Private Health Care Facility Occupational Therapist Insurance Carrier

Alternate: Year Ending in Even Number Registered Nurse Public Health Care Facility Medical Equipment Physical Therapist General Public 2 Medical Doctor Podiatrist Employer Employee

(* These alternate positions were initially appointed to serve staggered terms from the primary positions. In order to return to a consistent application of the Procedures and Standards, when these terms expire August 31, 2000, the alternate positions' expiration date will revert to the year ending in odd number format).

In the case of a vacancy, the Commissioners will appoint an individual who meets the qualifications for the position to fill the vacancy. The Commissioners may re-appoint the same individual to fill either a primary or alternate position as long as the term limit is not exceeded. Due to the absence of other qualified, acceptable candidates, the Commissioners may grant an exception to its membership criteria which are not required by statute.

RESPONSIBILITY OF MAC MEMBERS Primary Members Make recommendations on medical issues as required by the Medical Review Division.

Attend the MAC meetings, subcommittee meetings, and work group meetings to which they are appointed.

Ensure attendance by the alternate member at meetings when the primary member cannot attend.

Provide other assistance requested by the Medical Review Division in the development of guidelines and medical policies.

Alternate Members Attend the MAC meetings, subcommittee meetings, and work group meetings to which the primary member is appointed during the primary member's absence.

Maintain knowledge of MAC proceedings.

Make recommendations on medical issues as requested by the Medical Review Division when the primary member is absent at a MAC meeting.

Provide other assistance requested by the Medical Review Division in the development of guidelines and medical policies when the primary member is absent from a MAC meeting.

Committee Officers The chairman of the MAC is designated by the Commissioners. The MAC will elect a vice chairman. A member shall be nominated and elected as vice chairman when he/she receives a majority of the votes from the membership in attendance at a meeting at which nine or more primary or alternate members are present.

Responsibilities of the Chairman Preside at MAC meetings and ensure the orderly and efficient consideration of matters requested by the Medical Review Division.

Prior to a MAC meeting confer with the Medical Review Division Director, and when appropriate, the TWCC Executive Director to receive information and coordinate: a. Preparation of a suitable agenda. b. Planning MAC activities. c. Establishing meeting dates and calling meetings. d. Establishing subcommittees. e. Recommending MAC members to serve on subcommittees.

If requested by the Commission, appear before the Commissioners to report on MAC meetings.

COMMITTEE SUPPORT STAFF The Director of Medical Review will provide coordination and reasonable support for all MAC activities. In addition, the Director will serve as a liaison between the MAC and the Medical Review Division staff of TWCC, and other Commission staff if necessary.

The Medical Review Director will coordinate and provide direction for the following activities of the MAC and its subcommittees and work groups:

Preparing agenda and support materials for each meeting.

Preparing and distributing information and materials for MAC use.

Maintaining MAC records.

Preparing minutes of meetings.

Arranging meetings and meeting sites.

Maintaining tracking reports of actions taken and issues addressed by the MAC.

Maintaining attendance records.

chairman shall appoint the members of a subcommittee from the membership of the MAC. If other expertise is needed to support subcommittees, the Commissioners or the Director of Medical Review may appoint appropriate individuals.

WORK GROUPS When deemed necessary by the Director of Medical Review or the Commissioners, work groups will be formed by the Director. At least one member of the work group must also be a member of the MAC.

WORK PRODUCT No member of the MAC, a subcommittee, or a work group may claim or is entitled to an intellectual property right in work performed by the MAC, a subcommittee, or a work group.

MEETINGS Frequency of Meetings Regular meetings of the MAC shall be held at least quarterly each fiscal year during regular Commission working hours.

CONDUCT AS A MAC MEMBER Special trust has been placed in members of the Medical Advisory Committee. Members act and serve on behalf of the disciplines and segments of the community they represent and provide valuable advice to the Medical Review Division and the Commission. Members, including alternate members, shall observe the following conduct code and will be required to sign a statement attesting to that intent.

Comportment Requirements for MAC Members:

Learn their duties and perform them in a responsible manner;

Conduct themselves at all times in a manner that promotes cooperation and effective discussion of issues among MAC members;

Accurately represent their affiliations and notify the MAC chairman and Medical Review Director of changes in their affiliation status;

Not use their memberships on the MAC a. in advertising to promote themselves or their business, b. to gain financial advantage either for themselves or for those they represent; however, members may list MAC membership in their resumes;

Provide accurate information to the Medical Review Division and the Commission;

Consider the goals and standards of the workers' compensation system as a whole in advertising the Commission;

Explain, in concise and understandable terms, their positions and/or recommendations together with any supporting facts and the sources of those facts;

Strive to attend all meetings and provide as much advance notice to the Texas Workers' Compensation Commission staff, attn: Medical Review Director, as soon as possible if they will not be able to attend a meeting; and

Conduct themselves in accordance with the MAC Procedures and Standards, the standards of conduct required by their profession, and the guidance provided by the Commissioners, Medical Review Division or other TWCC staff.

Invitation to Applicants for Appointment to the Medical Advisory Committee

The Texas Workers' Compensation Commission invites all qualified individuals to apply for openings on the Medical Advisory Committee in accordance with the eligibility requirements of the Standards and Procedures for the Medical Advisory Committee. Each member must be knowledgeable and qualified regarding work-related injuries and diseases.

Commissioners for the Texas Workers' Compensation appoint the Medical Advisory Committee members, which is composed of 17 primary and 17 alternate members representing health care providers, employees, employers, insurance carriers, and the public.

The purpose and tasks of the Medical Advisory Committee are outlined in the Texas Workers' Compensation Act, §413.005, which includes advising the Commission's Medical Review Division on the development and administration of medical policies and guidelines.

The Medical Advisory Committee meets approximately once every six weeks. Members are not reimbursed for travel, per diem, or other expenses associated with Committee activities and meetings.

During a primary member's absence, an alternate member must attend meetings for the Medical Advisory Committee, subcommittees, and work groups to which the primary member is appointed. The alternate may attend all meetings and shall fulfill the same responsibilities as primary members, as established in the Standards and Procedures for the Medical Advisory Committee as adopted by the Commission.

Medical Advisory Committee positions currently open: 1. Primary member - Registered Nurse, term through 8/31/2000 2. Primary member - General Public 1, term through 8/31/2001 3. Primary member - Insurance Carrier, term through 8/31/2001 4. Alternate member - Public Health Care Facility, term through 8/31/2000 5. Alternate member - Chiropractor, term through 8/31/2001 6. Alternate member - Employee, term through 8/31/2000 7. Alternate member - Dentist, term through 8/31/2001 8. Alternate member - Insurance Carrier, term through 8/31/2001

For an application, call Teresa Barajas at 512-440-3962 or Ruth Richardson at 512-440-3518.

TRD-9905744

Susan Cory

General Counsel

Texas Workers' Compensation Commission

Filed: September 7, 1999


Notice of Request for Offer for Contracting and Consulting Services Contract

In order to ensure that notice is provided to all potential vendors who may desire the opportunity to provide services, and consistent with the provisions of Texas Government Code, §2254.029, the Texas Workers' Compensation Commission hereby publishes this notice of request for offer (RFO) from Qualified Information Services Vendors to assist the TWCC in re-engineering business processes and system redesign, herein referred to as the Business Process Improvement Project. The Business Process Improvement Project will optimize agency processes in order to improve the level of customer service and ensure the efficient use of resources for the benefit of all workers' compensation system participants.

Copies of the RFO: To secure a copy of the RFO, vendors should contact Allen McDonald, Agency Business Process Improvement, MS-6, Texas Workers' Compensation Commission, 4000 S. IH 35, Austin, Texas 78704; phone number: 512.440.3814; email address: amcdonald@twcc.state.tx.us.

Closing Date: The offer must be submitted to the individual listed above before 3:00 p.m., Central Standard Time, September 24, 1999. Offers received after that time will not be accepted.

Procedure for Award: A selection committee will evaluate vendor responses. In evaluating offers, the selection committee will consider: (1) the demonstrated competence, knowledge, and qualifications of all professional staff who will work on the BPI Project and of the Vendor firm as a whole; (2) the extent to which the Vendor's proposed services accomplish the purposes and specifications of the RFO; (3) the reasonableness of costs for the services proposed; (4) the extent of the Vendor's knowledge of business process re-engineering and information technology experience with either a state governmental entity or an insurance carrier; and (5) when other considerations are equal, a Vendor whose principal place of business is within the State of Texas, or who will manage the project wholly from one of its offices within the State of Texas, will be given preference. TWCC shall employ evaluation criteria in the selection of a vendor as generally outlined in the RFO.

TRD-9905745

Susan Cory

General Counsel

Texas Workers' Compensation Commission

Filed: September 7, 1999