TITLE in-addition

Ark-Tex Council of Governments

Request for Proposals

The Ark-Tex Council of Governments (ATCOG) is soliciting proposals for the Procurement of Area Agency on Aging Computer Equipment and Peripherals.

The service delivery area includes the following counties in Texas: Bowie, Cass, Delta, Franklin, Hopkins, Lamar, Morris, Red River, and Titus.

Potential respondents may obtain a copy of the request for proposal by contacting Bill Moss, Ark-Tex Council of Governments, P.O. Box 5307, Texarkana, Texas, 75505-5307, or call (903) 832-8636. The deadline for proposal submission is April 16, 1999, at 5:00 p.m.

TRD-9901762

James C. Fisher, Jr.

Executive Director

Ark-Tex Council of Governments

Filed: March 24, 1999


Office of the Attorney General

Texas Health and Safety Code 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. Before the State may settle a judicial enforcement action under the 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 the indicate that the consent is inappropriate, improper, inadequate, or inconsistent with the requirements of the Code.

Case Title and Court: In re: HARRIS COUNTY, TEXAS, Plaintiff and the STATE OF TEXAS, acting by and through the Texas Natural Resource Conservation Commission and the Texas Department of Health, Necessary and Indispensable Parties v. Fred Kenneth Williams, Defendant, IN THE DISTRICT COURT OF HARRIS COUNTY, TEXAS, 61ST JUDICIAL DISTRICT

Nature of Defendant's Operations: Fred Kenneth Williams has a rent house from which sewage was discharging.

Proposed Agreed Judgment: The settlement provides that Fred Kenneth Williams will cease discharging waste and will insure any new owner of the property shall install facilities to properly dispose of waste from the house in accordance with State law and Harris County ordinances.

For a complete description of the proposed settlement, the complete proposed Agreed Final Judgment should be reviewed. Requests for copies of the Agreed Final Judgment and written comments on the Agreed Final Judgment 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-9901662

Elizabeth Robinson

Assistant Attorney General

Office of the Attorney General

Filed: March 18, 1999


Center for Rural Health Initiatives

Request for Proposals-Medically Underserved Community-State Matching Incentive Program

The Center for Rural Health Initiatives is issuing a Request for Proposals ("RFP") for the Medically Underserved Community-State Matching Incentive Program. The purpose of this RFP is to provide the applicant with the information necessary to apply for matching state grant funds under the provisions of this program.

The purpose of this program is to increase the number of physicians providing primary care in medically underserved communities, particularly rural.

USE OF FUNDS: The funds can be used to establish a medical office and ancillary facilities for diagnosing and treating patients. The optimum use of funds would be for the purchase of equipment and furnishings that would establish a new practice site. The site will continue to serve the primary care needs of the community beyond the grant period, and the physician will agree to practice for a minimum of two years.

AMOUNT OF AWARDS: The funding available for support of this program during FY 2000 is $250,000. Approximately ten projects will be funded. Under the requirements of this program the state grants funds of up to $25,000 to match the contributions by community groups to cover start-up costs for new physicians.

ELIGIBLE APPLICANTS: An eligible community must be in an underserved area as determined by the U.S. Department of Health and Human Services or the Texas Department of Health. The community must make a commitment of $15,000-$25,000 in contributions toward the project and contract with a physician eligible to participate in this program.

Eligible physicians include those in family/general practice, general pediatrics, general internal medicine, or general obstetrics/gynecology. The physician must be licensed to practice in the State of Texas, have completed an accredited residency program, and have contracted with the community to provide full-time primary care for at least two years. A physician who completed residency within the last ten years will be given priority consideration.

EVALUATION AND SELECTION: The Center will prioritize the eligible communities to assure that the neediest are provided grants. The prioritization process will quantify indicators of need that may include, but are not limited to, the following: no practicing primary care physicians; only one primary care physician and a population of at least 2,000; no federally or state-funded primary care clinic; no practicing physician assistants or nurse practitioners; the participating physician will be the only physician practicing in one of the primary care specialties; a large minority population, if the participating physician is a member of the same minority group; designation by the United States Department of Health and Human Services as a primary care Health Professional Shortage Area (HPSA) for at least the last five years; a population-to-primary care provider ratio in the top 25% of all counties in the state; poverty rates above the state average; and median family incomes at least 25% below the state average.

DEADLINE: Applications are available April 1, 1999. Completed applications are due by May 21, 1999. Announcement of the selected applicants will be made by June 11, 1999.

CONTRACT PERIOD: The budget period for applications funded under this RFP will be September 1, 1999-August 31, 2000.

CONTACT PERSON: To obtain the application, please contact: Janet Leubner, Program Administrator, Center for Rural Health Initiatives, P.O. Drawer 1708, Austin, Texas, 78767-1708, (512) 479-8891, email jleubner@crhi.state.tx.us.

TRD-9901676

Robt. J. “Sam” Tessen

Executive Director

Center for Rural Health Initiatives

Filed: March 19, 1999


Coastal Bend Workforce Development Board

Request for Proposals

The Coastal Bend Workforce Development Board (the Board), which is responsible for the management of workforce development resources in the Coastal Bend region, is soliciting proposals for services funded through the Texas Workforce Commission under Title VI of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA) and State matching funds.

Using the Request for Proposals (RFP) method of procurement, the Board is hereby soliciting proposals from qualified organizations for the management and operation of two separate child care contracts. Proposals are being solicited for (1) Direct Child Care Delivery Services (DCCDS) and (2) Quality Development of child care services.

Services under these contracts will be provided in the Coastal Bend region, which consists of twelve area counties, including Aransas, Bee, Brooks, Duval, Jim Wells, Kenedy, Kleberg, Live Oak, McMullen, Nueces, Refugio and San Patricio.

A Pre-Proposal Conference will be held to share information and answer questions concerning the RFP. The conference will be held on April 6, 1999, at the Embassy Suites Hotel, 4337 S. Padre Island Drive, Corpus Christi. The DCCDS RFP will be discussed beginning at 9:00 a.m.. The Quality Development RFP will be discussed beginning at 1:00 p.m..

Interested parties may obtain copies of the RFP package(s) at the Pre-Proposal Conference or by calling Mike Hefley at (512) 889-5330 ext. 106. The RFP package(s) will not be available prior to 8:00 a.m., April 2, 1999, or after April 26, 1999. A $3.00 fee must be paid in advance to cover copying and postage for RFP packages which are mailed.

The deadline for the receipt of proposals is 4:00 p.m., Monday, May 3, 1999. Proposals received after the deadline will not be considered.

For-profit and non-profit entities, community-based organizations, school districts, colleges, universities, as well as other training organizations may submit proposals. The Board is an Equal Opportunity employer/program. Minority, disadvantaged and women's businesses are encouraged to apply. Auxiliary aids and services are available upon request to individuals with disabilities. Telephone access is available through (TDD) 1-800-RELAY TX.

TRD-9901743

Carlos A. Herrera

President & CEO

Coastal Bend Workforce Develpment Board

Filed: March 23, 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 March 11, 1999, through March 18, 1999:

FEDERAL AGENCY ACTIONS:

Applicant: Lakewood Yacht Club; Location: The project site is located at the east end of Clear Lake, at 2425 NASA Road 1, in Seabrook, Harris County, Texas; Project Number: 99-0100-F1; Description of Proposed Action: The applicant proposes to construct 480 feet of new breakwater, perform mechanical maintenance dredging, place riprap along approximately 230 feet of an existing bulkhead, install 120 floating boat slips, and remove 130 existing fixed slips. A designated area in the south basin of the west harbor will be maintenance dredged to a depth of -6.5 feet mean low water. The dredge material, approximately 2,400 cubic yards of silt, will be hauled to an existing upland placement area located near the intersection of FM 518 and Anders Lane in Harris County, Texas; Type of Application: U.S.A.C.E. permit application #14330(11) 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: Agrifos Fertilizer, L.P.; Location: The project is located on the Houston Ship Channel, between Greens Bayou and Hunting Bayou, on the right descending bank of the Houston Ship Channel, at 2001 Jackson Road, in Pasadena, Harris County, Texas; Project Number: 99-0101-F1; Description of Proposed Action: The applicant requests authorization to construct 5 new ship breasting dolphins, 6 new mooring dolphins, and 2 new anchor buoy mooring dolphins. In addition, the applicant proposes to erect a platform with a ship unloader, and a receiving hopper with onshore conveyor. Finally, the applicant proposes to dredge an approximate 56,000-square-foot area in front of the facility. In addition, the applicant requests approval for 10-years of maintenance dredging; Type of Application: U.S.A.C.E. permit application #21554 under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. 403).

Applicant: Rutherford Oil Corporation; Location: The project site is located in adjacent wetlands, near Lake Surprise, approximately 4.5 miles east of Smith Point, Chambers County, Texas. The U.S.G.S. quad map is Lake Stephenson; Project Number: 99-0102-F1; Description of Proposed Action: The applicant proposes to construct a well for the production of gas. The impact area for the well site would include a 0.23-acre existing well pad and an additional 2.7 acres of brackish marsh. The well pad would cover 1.32 acres and the reserve pit would cover an additional 1.38 acres. The construction of the well pad would require the placement of approximately 702 cubic yards of fill into the site with an additional 702 cubic yards of boards placed over the fill. Approximately 816 cubic yards of fill would be used to construct the ring levee; Type of Application: U.S.A.C.E. permit application #21576 under §404 of the Clean Water Act (33 U.S.C.A. §§125-1387).

Applicant: 290 Residential, Ltd.; Location: The project site consists of two tracts of land totaling approximately 339 acres, located southwest of the Highway 290 and Cypress Rose-Hill Road intersection in northwest Harris County, Texas. The U.S.G.S. quad map is Cypress. The mitigation site is located north of Jack Road and west of Katy-Hockley Cutoff, north of Katy, Harris County, Texas. The U.S.G.S. quad map for the mitigation site is Warren Lake; Project Number: 99-0103-F1; Description of Proposed Action: The applicant proposes to fill approximately 3.62 acres of isolated wetlands, located in the lower tract of an approximate 339-acre parcel of land proposed for the development of a single-family residential subdivision. A Nationwide Permit 26 was previously issued to authorized the fill of 0.42 acre of isolated wetlands in the upper tract and 1.88 acres of isolated wetlands/headwaters in the lower tract. As mitigation for the impacts to the wetlands, the applicant proposes to construct 3.62 acres of wetlands in a 7.24-acre tract in the 300-acre Jack Road Mitigation Complex. In addition to the creation of the 3.62 acres of wetlands, another 3.62 acres of upland/fringe area would be preserved and enhanced. The created wetlands would consist of shallow depressions excavated at 6-inch contours to create a varying depth of 0 to 18 inches; Type of Application: U.S.A.C.E. permit application #21564 under §404 of the Clean Water Act (33 U.S.C.A. §§125-1387).

Applicant: Royal Oaks Limited Partnership; Location: The project is located in isolated wetlands on a 550-acre tract located southeast of the Richmond Road and Old Westheimer Road intersection in west Harris County, Texas; Project Number: 99-0104-F1; Description of Proposed Action: The applicant is requesting to place fill material into 27.5 acres of isolated wetlands on the 550-acre tract to facilitate the development of the tract as a residential development and golf course. As mitigation for the project impacts, the applicant proposes to create 27.5 acres of depressional wetlands within a 55-acre tract in the Ley Lowlands Wetland Mitigation Area located northwest of the Katy Hockley Road and Longenbaugh intersection, north of Katy, in Harris County, Texas. The remainder of the mitigation site will consist of upland buffer; Type of Application: U.S.A.C.E. permit application #21583 under §404 of the Clean Water Act (33 U.S.C.A. §§125-1387).

FEDERAL AGENCY ACTIVITIES:

Applicant: Corps of Engineers-Trinity River and Tributaries, Texas; Project Number: 99-0105-F2; Description of Proposed Activity: The applicant proposes to Maintenance Dredge the Trinity River and Tributaries, Texas Project. One new option for beneficial use of dredged material was evaluated and does not appear to have reasonable costs in proportion to the benefits. All placement areas were identified and used as described in an Environmental Impact Statement or Environmental Assessment issued prior to the acceptance of the CMP. The applicant has identified Coastal Natural Resource Areas (CNRAs) in the project area and determined the project activities will not adversely impact these CNRAs.

Applicant: Corps of Engineers-Gulf Intracoastal Waterway from Brazos River to Port O'Connor; Project Number: 99-0106-F2; Description of Proposed Activity: The applicant proposes to Maintenance Dredge the Gulf Intracoastal Waterway from the Brazos River to Port O'Connor. Five options for beneficial use of dredged material were evaluated and one appears to have reasonable costs in proportion to its benefits. All placement areas were identified and used as described in an Environmental Impact Statement or Environmental Assessment issued prior to the acceptance of the CMP. The applicant has identified Coastal Natural Resource Areas (CNRAs) in the project area and determined the project activities will not adversely impact these CNRAs.

Applicant: Gulf of Mexico Fishery Management Council; Project Number: 99-0107-F2; Description of Proposed Activity: Pursuant to the Magnuson Stevens Fishery Conservation and Management Act, the applicant proposes actions that are contained in the Generic Sustainable Fisheries Act Amendment to the Council's seven Fishery Management Plans. The applicant proposes the four (4) following actions: bycatch reporting measures, measures minimizing bycatch in the stone crab fishery off Florida, modifying the current overfishing criteria for each stock, identifying communities that may be classified as fishing communities.

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-9901745

Larry R. Soward

Chief Clerk, General Land Office

Coastal Coordination Council

Filed: March 24, 1999


Comptroller of Public Accounts

Certification of Crude Oil Prices

The Comptroller of Public Accounts, administering agency for the collection of the Oil Production Tax, has determined that the price of West Texas Intermediate crude oil as recorded on the New York Mercantile Exchange (NYMEX) is below $15.00 per barrel for the three-month period beginning on November 1, 1998, and ending January 31, 1999. Therefore, pursuant to the Tax Code, §202.060, crude oil produced during the month of February 1999 from a qualifying lease, as determined by the Railroad Commission of Texas, is exempt from the crude oil tax imposed by the Tax Code, Chapter 202.

The Comptroller of Public Accounts has determined that the price of West Texas Intermediate crude oil as recorded on the New York Mercantile Exchange (NYMEX) is below $15.00 per barrel for the three-month period beginning on December 1, 1998, and ending February 28, 1999. Therefore, pursuant to the Tax Code, §202.060, crude oil produced during the month of March 1999 from a qualifying lease, as determined by the Railroad Commission of Texas, is exempt from the crude oil tax imposed by the Tax Code, Chapter 202.

Inquires should be directed to Bryant K. Lomax, Manager, Tax Policy Division, P.O. Box 13528, Austin, Texas, 78711-3528.

TRD-9901713

Martin Cherry

Special Counsel

Comptroller of Public Accounts

Filed: March 22, 1999


Office of Consumer Credit Commissioner

Notice of Rate Ceilings

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

The weekly ceiling as prescribed by Art. 1D.003 and 1D.009 for the period of 03/29/99 - 04/04/99 is 18% for Consumer 1 /Agricultural/Commercial 2 /credit thru $250,000.

The weekly ceiling as prescribed by Art. 1D.003 and 1D.009 for the period of 03/29/99 - 04/04/99 is 18% for Commercial over $250,000.

The judgment ceiling as prescribed by Art. 1E.003 for the period of 04/01/99 - 04/30/99 is 10% for Consumer/Agricultural/Commercial/credit thru $250,000.

The judgment ceiling as prescribed by Art. 1E.003 for the period of 04/01/99 - 04/30/99 is 10% for Commercial over $250,000.

1 Credit for personal, family or household use.

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

TRD-9901750

Leslie L. Pettijohn

Commissioner

Office of Consumer Credit Commissioner

Filed: March 24, 1999


Texas Department of Health

Designation of UT Tyler Campus Health Clinic as a Site Serving Medically Underserved Populations

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

Accordingly, the department has designated the following as a site serving medically underserved populations: UT Tyler Campus Health Clinic located at 3900 University Boulevard, Tyler, Texas 75799. Designation is based on proven eligibility as a site serving a disproportionate number of clients eligible for federal, state, or locally funded health care programs.

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

TRD-9901728

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: March 23, 1999


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

INTRODUCTION : The Texas Department of Health (department) requested proposals for medical transportation services for state fiscal year 2000, published in the February 19, 1999, issue of the Texas Register (24 TexReg 1275). The department is withdrawing the request for proposals (RFP) as of April 2, 1999.

Cancellation is in accordance with the Request for Proposals (RFP) released, which states the "Texas Department of Health (department) reserves the right to alter, amend, or modify any provision of this RFP or to withdraw this RFP at any time prior to the execution of a contract pursuant thereto if it is in the best interest of the department and the State of Texas. The decision of the department will be administratively final in this regard."

AFFECTED AREA : Region 3, Texas Department of Health, Contact: Barbara Columbus, Arlington, Texas (817) 264-4583.

TRD-9901727

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: March 23, 1999


Texas Department of Housing and Community Affairs

Announcement of the Opening of the Public Comment Period for the 1999 State of Texas Consolidated Plan Annual Performance Report - Reporting on Program Year 1998 - Draft for Public Comment

The Texas Department of Housing and Community Affairs ("the Department") announces the opening of a fifteen day public comment period for the 1999 Consolidated Plan Annual Performance Report - Reporting on Program Year 1998 - Draft for Public Comment as required by the U.S. Department of Housing and Urban Development (HUD) as part of the overall requirements governing the State's consolidated planning process. The 1999 Consolidated Plan Annual Performance Report - Reporting on Program Year 1998 - Draft for Public Comment is submitted in compliance with 24 CFR 91.520 Consolidated Plan Submissions for Community Planning and Development Programs made effective on January 5, 1995. The fifteen day public comment period begins April 12, 1999, and continues until 5:00 p.m., April 26, 1999.

The 1999 Consolidated Plan Annual Performance Report - Reporting on Program Year 1998 - Draft for Public Comment is only one part of the Consolidated Planning process. In 1996, the Department completed the 1996 State of Texas Consolidated Plan, which is the main planning document guiding the Department's administration of several programs over the following five years. The 1996 State of Texas Consolidated Plan covers four HUD-funded programs: the Community Development Block Grant (CDBG) program; the HOME Investment Partnership program; the Emergency Shelter Grant (ESG) program; and the Housing Opportunities for Persons with AIDS (HOPWA) program.

The 1999 Consolidated Plan Annual Performance Report - Reporting on Program Year 1998 - Draft for Public Comment gives the Department an opportunity to evaluate its accomplishments during the past program year including the following: a summary of resources and programmatic accomplishments for each of the four programs covered in the Consolidated Plan; a series of narrative statements about various aspects of the Department's performance over the past program year; and a qualitative analysis of the Department's actions and experiences. The Department also addresses its success in meeting each of the goals and objectives set forth in the 1996 State of Texas Consolidated Plan and in the subsequent State of Texas One Year Action Plans.

The 1999 Consolidated Plan Annual Performance Report - Reporting on Program Year 1998 - Draft for Public Comment will be available on the Texas Department of Housing and Community Affairs 's website at www.tdhca.state.tx.us.

Written comment is encouraged and should be sent to the Texas Department of Housing and Community Affairs, Office of Strategic Planning/Housing Resource Center, P.O. Box 13941, Austin, TX 78711-3941. For more information, to order copies, or to request an accessible format of the 1999 Consolidated Plan Annual Performance Report - Reporting on Program Year 1998 - Draft for Public Comment please contact the Housing Resource Center at (512) 475-4595 or email at clandry@tdhca.state.tx.us.

TRD-9901758

Daisy Stiner

Executive Director

Texas Department of Housing and Community Affairs

Filed: March 24, 1999


Notice of Administrative Hearing

Manufactured Housing Division

Wednesday, April 7, 1999, 9:00 a.m.

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

Austin, Texas

AGENDA

Administrative Hearing before an administrative law judge of the State Office of Administrative Hearings in the matter of the Texas Department of Housing and Community Affairs vs. Juan Guzman to hear alleged violations of the Act, §7(d) and the Rules §80.125(e) regarding obtaining, maintaining or possessing a valid installer's license. SOAH 332-99-0451. Department MHD1997000534D.

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

TRD-9901760

Daisy Stiner

Executive Director

Texas Department of Housing and Community Affairs

Filed: March 24, 1999


Houston-Galveston Area Council

Request for Information

Houston-Galveston Area Council (H-GAC) solicits information from organizations and individuals interested in providing short-term planning consulting to H-GAC for workforce services and programs. Prospective proposers may obtain a copy of the Request for Information package by contacting Carol Kimmick at 713-627-3200 or by sending email to ckimmick@hgac.cog.tx.us. Responses are due at H-GAC offices by 5:00 p.m. on Thursday, April 1, 1999. Late proposals will not be accepted. There will be no exceptions.

TRD-9901660

Carol Kimmick

Executive Director

Houston-Galveston Area Council

Filed: March 18, 1999


Texas Department of Insurance

Notice

The Commissioner of Insurance, or his designee, will consider approval of a rate filing request submitted by Great West Casualty Company proposing to use rates that are outside the flexibility band promulgated by the Commissioner of Insurance pursuant to TEX. INS. CODE ANN. art. 5.101, §3(g). They are proposing a rate of +30% above the benchmark for BI, PD, MP, PIP, UM, & UIM and a rate of +43% above the benchmark for SP, COMP, & COLLISION for commercial automobile insurance.

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

This filing is subject to Department approval without a hearing unless a properly filed objection, pursuant to Art. 5.101, §3(h), is made with the Chief Actuary, Mr. Philip Presley, at the Texas Department of Insurance, MC 105-5F, P.O. Box 149104, Austin, Texas 78701 within 30 days after publication of this notice.

TRD-9901746

Bernice Ross

Deputy Chief Clerk

Texas Department of Insurance

Filed: March 24, 1999


Texas Natural Resource Conservation Commission

Implementation of Texas Water Quality Certification Rules

The Texas Natural Resource Conservation Commission (TNRCC) furnishes this notice of availability of a revised draft regulatory guidance document entitled Implementation of Texas Water Quality Certification Rules for a 60-day public comment period.

The document is designed to provide assistance, information, and clarity in the state §401 certification review of §404 permit applications and the implementation of related rules contained in 30 TAC Chapter 279. A draft document was originally released for a 60-day comment period from July 3 to September 2, 1998. After the comment period, the commission directed staff to establish an ad hoc work group to provide further input into the draft document. The work group met five times between October 1998 and March 1999. The guidance document has been substantially revised as a result of the public comments received, and input from work group participants.

States have the authority under the Federal Clean Water Act, §401 to review federal licenses and permits that may result in a discharge of pollutants into waters of the United States for compliance with state surface water quality standards. Based upon the review, the state determines whether to certify the permit or license. The procedures and criteria for the application, processing, and review of water quality certifications are found under Chapter 279 of the TNRCC rules.

The document is specifically written to provide guidance for the review of projects requiring a §404 permit for the discharge of dredge or fill material into waters of the United States, including wetlands. It explains how the Chapter 279 rules are implemented by laying out the procedures for acquiring §401 certification and detailing the policies that direct how certification decisions are made. The information contained in the document is intended to assist applicants, provide more predictability and consistency to the §401 certification review, and improve coordination between state and federal agencies involved in the §401 and §404 programs.

The public is invited to submit written comments on the draft regulatory guidance document to TNRCC. Written comments must be received by no later than June 1, 1999. Please address written comments to: Carol Kim, Policy and Regulations Division, TNRCC, MC 204, P.O. Box 13087, Austin, Texas 78711-3087.

Copies of the draft regulatory guidance document can be obtained by downloading the document from TNRCC's website at http://www.tnrcc.state.tx.us/oprd/forum/401guid/revised.html. Copies are also available by contacting Carol Kim in writing at the listed address, or by phone at (512) 239-3670 or email at ckim@tnrcc.state.tx.us.

TRD-9901742

Margaret Hoffman

Director, Environmental Law Division

Texas Natural Resource Conservation Commission

Filed: March 23, 1999


Notices of District Petition

The following notices were issued on March 15, 1999 and March 22, 1999 respectively, pursuant to Article XVI, Section 59 of the Constitution of the State of Texas, Chapters 49 and 54 of the Texas Water Code, and 30 TAC Chapter 293.

A petition has been filed for creation of Brazoria County Municipal Utility District No. 17. The petitioners have stated (1) they are owners of a majority in value of the land to be included in the proposed District; (2) there are six lienholders on the land to be included in the proposed district and they have consented to the District creation; (3) the District will contain approximately 293.401 acres located within Brazoria County, Texas; and (4) the proposed District is within the incorporated limits of the City of Pearland, and is not within such jurisdiction of any other city. The petition further states that the proposed District will (1) construct, acquire, maintain and operate a waterworks and sanitary sewer system for residential and commercial purposes; (2) construct, acquire, improve, extend, maintain and operate works, improvements, facilities, plants, equipment and appliances helpful or necessary to provide more adequate drainage for the property in the proposed District; and (3) control, abate and amend local storm waters or other harmful excesses of waters, as more particularly described in an engineer's report filed simultaneously with the filing of the petition. A preliminary investigation by the petitioners, from the information available at present, estimates the cost of the project to be approximately $12,555,000.

R. West Development Company, Incorporated; Laura Massey Arnold; Galantine Associates; Houston Pine Hollow Associates, Limited; Elizabeth A. Nisbet; and Ravenwood Section 2, Limited filed a petition for creation of Brazoria County Municipal Utility District No. 18. The petitioners have stated that: (1) they are owners of a majority in value of the land to be included in the proposed District; (2) all lienholders on the land to be included in the proposed District have consented to the creation of the proposed District; (3) the proposed District will contain approximately 352.23 acres located within Brazoria County, Texas; and (4) the proposed District is within the incorporated limits of Pearland, and is not within such jurisdiction of any other city. The petition further states that the proposed District will (1) construct, acquire, maintain and operate a waterworks and wastewater system for residential and commercial purposes; (2) construct, acquire, improve, extend, maintain and operate works, improvements, facilities, plants, equipment and appliances helpful or necessary to provide more adequate drainage for the property in the proposed District; and (3) control, abate and amend local storm waters or other harmful excesses of waters, as more particularly described in an engineer's report filed simultaneously with the filing of the petition. A preliminary investigation by the petitioners, from the information available at this time, estimates that the cost of said project will be approximately $12,530,000.

The TNRCC may grant a contested case hearing on either of these petitions if a written hearing request is filed within 30 days after the second newspaper publication of the notices. To request a contested case hearing, you must submit the following: (1) your name (or for a group or association, an official representative), mailing address, daytime phone number, and fax number, if any; (2) the name of the petitioner and the TNRCC Internal Control Number; (3) the statement "I/we request a contested case hearing"; (4) a brief description of how you would be affected by the petition in a way not common to the general public; and (5) the location of your property relative to the proposed district's boundaries. You may also submit your proposed adjustments to the petition which would satisfy your concerns. Requests for a contested case hearing must be submitted in writing to the Office of the Chief Clerk at the address provided in the information section below.

The Executive Director may approve the petition unless a written request for a contested case hearing is filed within 30 days after the newspaper publication of this notice. If a hearing request is filed, the Executive Director will not approve the petition and will forward the petition and hearing request to the TNRCC Commissioners for their consideration at a scheduled Commission meeting. If a contested case hearing is held, it will be a legal proceeding similar to a civil trial in state district court.

Written hearing requests should be submitted to the Office of the Chief Clerk, MC 105, TNRCC, P.O. Box 13087, Austin, TX 78711-3087. For information concerning the hearing process, please contact the Public Interest Counsel, MC 103, the same address. For additional information, individual members of the general public may contact the Office of Public Assistance, at 1-800-687-4040. General information regarding the TNRCC can be found at our web site at www.tnrcc.state.tx.us.

TRD-9901724

LaDonna Castanuela

Chief Clerk

Texas Natural Resource Conservation Commission

Filed: March 23, 1999


The following notices were issued on March 23, 1999, pursuant to Chapter 395 of the Local Government Code, Chapter 49 of the Texas Water Code and 30 Texas Administrative Code Chapter 293.

VARNER CREEK UTILITY DISTRICT of Brazoria County has applied for authority to adopt and impose an annual Operations and Maintenance standby fee of $5 per vacant equivalent single-family connection (ESFC) for calendar years 2000 through 2002 on unimproved property within Sections 1-5 of the District.

BRUSHY CREEK MUNICIPAL UTILITY DISTRICT of Williamson County has filed an application for authority to levy impact fees of $1,875 per equivalent single family connection for new connections for water service, and $950 per equivalent single family connection for new connections for wastewater service within the service area of Brushy Creek Municipal Utility District. New connections for water and or wastewater service are anticipated in the following: (1) Brushy Creek North, Section Three; (2) Cat Hollow, Sections A, B & C; (3) the Corners of Brushy Creek; (4) the Tract of land known as the RRISD Tract; (5) the area known as the Ranch Road 620 Tract, and (6) any other undeveloped areas of the District. The impact fee application and supporting information are available for inspection and copying during regular business hours in the District Administration Section of the Water Utilities Division, Third Floor of Building F (in the TNRCC Park 35 Office Complex located between Yager & Braker Lanes on North IH-35), 12100 Park 35 Circle, Austin, Tex as 78753. A copy of the impact fee application and supporting information, as well as the capital improvement plan, is available for inspection and copying at Brushy Creek Municipal District's offices during regular business hours.

The TNRCC may grant a contested case hearing on either of these petitions if a written hearing request is filed within 30 days after the second newspaper publication of the notices. To request a contested case hearing, you must submit the following: (1) your name (or for a group or association, an official representative), mailing address, daytime phone number, and fax number, if any; (2) the name of the petitioner and the TNRCC Internal Control Number; (3) the statement "I/we request a contested case hearing"; (4) a brief description of how you would be affected by the petition in a way not common to the general public; and (5) the location of your property relative to the proposed district's boundaries. You may also submit your proposed adjustments to the petition which would satisfy your concerns. Requests for a contested case hearing must be submitted in writing to the Office of the Chief Clerk at the address provided in the information section below.

The Executive Director may approve the petition unless a written request for a contested case hearing is filed within 30 days after the newspaper publication of this notice. If a hearing request is filed, the Executive Director will not approve the petition and will forward the petition and hearing request to the TNRCC Commissioners for their consideration at a scheduled Commission meeting. If a contested case hearing is held, it will be a legal proceeding similar to a civil trial in state district court.

Written hearing requests should be submitted to the Office of the Chief Clerk, MC 105, TNRCC, P.O. Box 13087, Austin, TX 78711-3087. For information concerning the hearing process, please contact the Public Interest Counsel, MC 103, the same address. For additional information, individual members of the general public may contact the Office of Public Assistance, at 1-800-687-4040. General information regarding the TNRCC can be found at our web site at www.tnrcc.state.tx.us.

TRD-9901723

LaDonna Castanuela

Chief Clerk

Texas Natural Resource Conservation Commission

Filed: March 23, 1999


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

The Texas Natural Resource Conservation Commission (TNRCC or commission) Staff is providing an opportunity for written public comment on the listed Agreed Orders (AOs) pursuant to the Texas Water 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 May 2, 1999 . 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 May 2, 1999 . 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: Chuck Vaiculevich doing business as Cedar Park Fina; DOCKET NUMBER: 1998-0899-PST-E; TNRCC NUMBER: 53512; LOCATION: Williamson County, Texas; TYPE OF FACILITY: three underground storage tanks; RULES VIOLATED: 30 TAC §334.50(a)(1)(A) and Texas Water Code, §26.3475 by failing to have a release detection method capable of detecting a release from any portion of the underground storage tanks system; 30 TAC §334.10(b)(2)(B)(vi) and Texas Water Code, §26.3475 by failing to maintain and provide release detection records; 30 TAC §334.7(d)(3) and Texas Water Code, §26.346 by failing to provide an amended registration for any change or additional information regarding the underground storage tanks; PENALTY: $9,000; STAFF ATTORNEY: Nathan Block, Litigation Division, MC 175, (512) 239-4706; REGIONAL OFFICE: Austin Regional Office, 1921 Cedar Bend, Suite 150, Austin, Texas 78758-5336.

(2) COMPANY: Mr. Randy Collins and Mr. Chris Wise doing business as Randy Collins Sprinklers, doing business as Sprinklers by Randy and Chris, and doing business as Collins and Wise Sprinklers; DOCKET NUMBER: 1996-1927-LII-E; TNRCC ID NUMBER: M-17451; ENFORCEMENT ID NUMBER: 10150 and 3669; LOCATION: Humble, Harris County, Texas; TYPE OF FACILITY: sprinkler installer; RULE VIOLATED: 30 TAC §344.306 by failing to provide the required backflow prevention devices at the following sites: 146 Green Gables, 15 Archbriar, 143 Little Mill, 147 Little Mill, 10 Terra Glen, 14 Terra Glen, 58 Terra Glen, 123 Sterling Pond, 127 Sterling Pond, 143 Sterling Pond, 10 Lantana Trails, 19 Lantana Trails, and 23 Lantana Trails, all in The Woodlands, Montgomery County, Texas; 8011 Pine Green, and 8007 17th Green in Humble, Harris County, Texas; and 2408 Northpark Drive, Kingwood, Harris County, Texas; PENALTY: $6,720; STAFF ATTORNEY: M. Camille Morris, Litigation Division, MC 175, (512) 239-3915; REGIONAL OFFICE: 5425 Polk Street, Avenue H, Houston, Texas 77023-1486.

(3) COMPANY: Felix Escobedo doing business as Felix and Sons Body Shop; DOCKET NUMBER: 1997-0220-AIR-E; TNRCC ID NUMBER: HX-0679-A; LOCATION: 12423 Market Street, Harris, County, Texas; TYPE OF FACILITY: vehicle repair and refinishing operation; RULES VIOLATED: 30 TAC §116.110(a) and the Texas Clean Air Act (the Act), §382.085(b) by failing to have a filter system with at least 90% control efficiency in the paint booth area, as required by Standard Exemption Number 124(g); 30 TAC §116.110(a) and §115.426 and Act, §382.085(b) by failing to maintain on-site and readily available Material Safety Data Sheets for paints and solvents systems used during the previous consecutive 24-month period or currently in use, and by failing to maintain on-site and readily available records of the United States Environmental Protection Agency and TNRCC Office of Waste management registration or identification numbers for each generator, as required by TNRCC Standard Exemption Number 124(p)(1) and (5); PENALTY: $500; STAFF ATTORNEY: Ali Abazari, Litigation Division, MC 175, (512) 239-5915; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas 77023-1486.

(4) COMPANY: Galveston Environmental Services, Incorporated; DOCKET NUMBER: 1998-0293-IHW-E; ENFORCEMENT NUMBER: 1483; LOCATION: 6038 Farm to Market Road 517 at Highway 146, San Leon, Galveston County, Texas; TYPE OF FACILITY: oil reclaiming facility; RULES VIOLATED: 30 TAC §335.112(a)(7) by failing to adjust the facility closure cost estimate for inflation and to increase the financial assurance mechanism to match the inflated cost estimate by the annual due date, as required by 40 Code of Federal Regulations, §265.142(b) and §265.143(b)(7) as documented during a Records Review; 30 TAC §335.331 by failing to pay hazardous waste facility fees as documented during a Records Review; PENALTY: $3,750; STAFF ATTORNEY: Bill Jang, Litigation Division, MC 175, (512) 239-2269; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(5) COMPANY: Kashmir, Incorporated doing business as Greenbriar Grocery; DOCKET NUMBER: 1998-0716-PST-E; TNRCC ID NUMBER: 43001; ENFORCEMENT ID NUMBER: 12384; LOCATION: Tyler, Smith County, Texas; TYPE OF FACILITY: convenience store; RULE VIOLATED: 30 TAC §334.7(d)(3) and Texas Water Code, §26.346 by failing to update its underground storage tanks registration for the Facility within 30 days of a change to the underground storage tanks systems. Specifically, failed to update the Facility's registration so as to reflect that two 10,000 gallon tanks were installed in early 1997; 30 TAC §334.50(b)(1)(A) and Texas Water Code, §26.3475(c)(1) by failing to provide for release detection monitoring of the underground storage tanks at the Facility. Specifically, TNRCC investigators documented that there was not a method being utilized to detect releases from the underground storage tanks at the Facility; 30 TAC §334.50(b)(2)(A) and Texas Water Code, §26.3475(a) by failing to provide for release detection monitoring of the underground storage tanks piping at the Facility. Specifically, TNRCC investigators documented that the underground storage tanks piping at the Facility was not being monitored to detect releases; 30 TAC §334.51(b)(2)(C) and Texas Water Code, §26.3475(c)(2) by failing to install overfill prevention equipment on the fill risers of the underground storage tanks; PENALTY: $10,625; STAFF ATTORNEY: Laura Kohansov, Litigation Division, MC 175, (512) 239-2029; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701- 3756.

(6) COMPANY: Technicoat, Incorporated, Felton Havins, Senior and Cytec Industries DOCKET NUMBER: 1998-0723-IHW-E (amending August 19, 1991 Texas Water Commission Agreed Order); TNRCC ID NUMBER: 30068; LOCATION: 301 Northeast 6th Street and 600 North Jones, Fort Worth, Tarrant County, Texas; TYPE OF FACILITY: former coating and anodizing facility; AMENDMENT: allows the respondents to remediate under the commission's Risk Reduction Rules which were promulgated after the issuance of the Agreed Order; STAFF ATTORNEY: Cecily Small Gooch, Litigation Division, MC R-4, (817) 469-6750; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas, MC R-4, (817) 469-6750.

(7) COMPANY: The Pep Boys-Manny, Moe, and Jack; DOCKET NUMBER: 1997-1075-PST-E; TNRCC ID NUMBERS: 47430 and 44031; ENFORCEMENT ID NUMBERS: 11965 and 11966; LOCATION: Arlington, Tarrant County, Texas; TYPE OF FACILITY: underground storage tank; RULE VIOLATED: 30 TAC §334.50(b)(1)(A) by failing to monitor underground storage tanks at its Facility located at 1212 Collins, Arlington, Texas and at its facility located at 2701 South Cooper, Arlington, Texas, for releases at a frequency of at least once every month (not to exceed 35 days between each monitoring); PENALTY: $20,000; STAFF ATTORNEY: Mary R. Risner, Litigation Division, MC 175, (512) 239-6224; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499.

(8) COMPANY: Lorne Thornbrue; DOCKET NUMBER: 1997-1195-PST-E; TNRCC FACILITY ID NUMBER: 69290; ENFORCEMENT ID NUMBER: 12104; LOCATION: Wichita Falls, Wichita County, Texas; TYPE OF FACILITY: convenience store; RULE VIOLATED: 30 TAC §334.414(c) by acting as an on-site installation supervisor at the Facility during the installation of release detection on the underground storage tanks, without holding an on-site supervisor license and Texas Water Code, §26.121(a)(3) by failing to install a proper line leak detector on the underground storage tanks system at the Facility, which caused an unauthorized discharge into or adjacent to waters in the state; PENALTY: $3,500; STAFF ATTORNEY: Laura Kohansov, Litigation Division, MC 175, (512) 239-2029; REGIONAL OFFICE: 1977 Industrial Boulevard, Abilene, Texas 79602-7833.

(9) COMPANY: Robert Tomko; DOCKET NUMBER: 1997-0357-IHW-E; ENFORCEMENT NUMBER: 10162; LOCATION: 5101 and 5105 East California Parkway, Forest Hill, Tarrant County, Texas; TYPE OF FACILITY: owns and operates an electro coating and metal finishing business; RULES VIOLATED: 30 TAC §335.4 and Texas Water Code, §26.121 by causing, suffering, or allowing the discharge of industrial solid waste or municipal hazardous waste into or adjacent to a water in Texas, without prior authorization from the commission, 30 TAC §335.2 and §335.43 by storing and disposing of hazardous and class 1 and/or class 2 industrial waste at the Facility without a permit or other authorization from the TNRCC; 30 TAC §335.10 by transporting hazardous and class 1 and/or class 2 industrial waste from former location in Fort Worth to the Facility without any manifests; 30 TAC §335.12 by receiving hazardous and class 1 and/or industrial waste which were not accompanied by manifests; 30 TAC §335.62 by failing to conduct hazardous waste determinations on approximately 108 drums containing various waste; PENALTY: $24,880; STAFF ATTORNEY: Bill Jang, Litigation Division, MC 175, (512)239-2269; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499,(817) 469-6750.

(10) COMPANY: Varco Shaffer, Incorporated; DOCKET NUMBER: 1998-0216-MWD-E; TNRCC ID NUMBER: 11758-001; LOCATION: 1/4-mile northeast of the intersection of Addicks Fairbanks Road and West Little York at 12950 West Little York, Harris County, Texas; TYPE OF FACILITY: wastewater treatment facility; RULES VIOLATED: 30 TAC §305.125(2) by failing to submit a permit renewal application for Water Quality Permit Number 11758-001 on or before the expiration date of October 16, l997; PENALTY: $2,500; STAFF ATTORNEY: Ali Abazari, Litigation Division, MC 175, (512) 239-5915; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(11) COMPANY: Yeh's Brothers, Incorporated doing business as Days Inn Intercontinental Airport; DOCKET NUMBER: 1997-0921-MWD-E; TNRCC ID NUMBER: Permit Number 12138- 001; LOCATION: 17607 Highway 59, Houston, Harris County, Texas; TYPE OF FACILITY: waste water collection, treatment, and disposal system; RULES VIOLATED: 30 TAC §305.125(5) and TNRCC Permit Number 12138-001 by failing to maintain all facilities and systems of treatment and controls in proper working order; 30 TAC §305.125(5) and Permit Number 12138-001 by allowing safety hazards and impediments to proper operation, maintenance and inspection by failing to provide adequate upkeep of the waste water treatment plants; 30 TAC §;319.4-319.7 and 305.125 and Permit Number 12138-001 by failing to timely submit monthly effluent report forms; and Texas Water Code, §26.121 and TNRCC Permit Number 12138-001 by failing to meet permitted minimum chlorine concentrations and daily average total suspended solids; Texas Water Code, §26.121 and Permit Number 12138-001 by exceeding the total suspended solids permit level; and Agreed Order, Docket Number 1994-149-IWD-E by failing to pay penalties assessed; Texas Water Code, §26.121 and TNRCC Permit Number 12138-001 by exceeding the total suspended solids permit level and the daily average five-day biochemical oxygen demands permitted concentration limit; TNRCC Permit Number 12138-001 by failing to provide an accurate effluent flow measuring device at the waste water treatment plant; PENALTY: $2,500; STAFF ATTORNEY: Camille Morris, Litigation Division, MC 175, (512) 239-3915; REGIONAL OFFICE: 5425 Polk Avenue Suite H, Houston, Texas 77023-1486, (713) 767-3500.

TRD-9901747

Paul C. Sarahan

Director, Litigation Division

Texas Natural Resource Conservation Commission

Filed: March 24, 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 May 2, 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 May 2, 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: U S Cast Products Incorporated dba Ace Marble Incorporated; DOCKET NUMBER: 98-1434-AIR-E; IDENTIFIER: Account Number JH-0111-U; LOCATION: Joshua, Johnson County, Texas; TYPE OF FACILITY: thermoset resin spraying plant; RULE VIOLATED: Permit Number 17419, Special Conditions 10, 11, 12, and 14, by failing to construct the casting area, spray booth, and grinding area stacks to the minimum height of 30 feet above grade and by failing to have the records of the daily resin and gelcoat usage and the daily hours of resin operation immediately available at the request of personnel of the TNRCC; PENALTY: $7,500; ENFORCEMENT COORDINATOR: Michael De La Cruz, (817) 469-6750; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 469-6750.

(2) COMPANY: C & R Distributing, Incorporated; DOCKET NUMBER: 98-1173-AIR-E; IDENTIFIER: Account Number EE-0432-K; LOCATION: El Paso, El Paso County, Texas; TYPE OF FACILITY: fuel transport line; RULE VIOLATED: 30 TAC §114.100(a) and the THSC, §382.085(b), by offering for sale gasoline for use as a motor vehicle fuel which failed to meet the minimum oxygen content of 2.7% by weight; PENALTY: $1,000; ENFORCEMENT COORDINATOR: Stacey Young, (512) 239-1899; REGIONAL OFFICE: 7500 Viscount Boulevard, Suite 147, El Paso, Texas 79925-5633, (915) 778-9634.

(3) COMPANY: CBI Na-Con, Inc.; DOCKET NUMBER: 1998-1024-MWD-E; IDENTIFIER: Permit Number 11389-001; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: metal fabrication; RULE VIOLATED: Permit Number 11389-001 and the Code, §26.121, by failing to comply with the daily average ammonia nitrogen permit limit, daily average carbonaceous biochemical oxygen demand limit of ten milligrams per liter (mpl), and total suspended solids limit of 15 mpl; PENALTY: $2,000; ENFORCEMENT COORDINATOR: Mike Meyer, (512) 239 4492; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(4) COMPANY: Impact Christian Youth Camp, Inc. dba Camp of the Hills; DOCKET NUMBER: 98-0636-PWS-E; IDENTIFIER: Public Water Supply Number 0270110; LOCATION: Marble Falls, Burnet County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.39(g), by failing to notify the agency in writing of any improvements which will result in any increase in production, treatment, storage capacity, or a 10% or greater increase in distribution capacity; 30 TAC §290.41(c)(1)(F), by failing to obtain and record at the county courthouse a sanitary easement for the well site; 30 TAC §290.43(c) and paragraph (8), by failing to provide a ground storage tank for potable water which conforms to current American Water Works Association (AWWA) standards and by failing to receive a certification for all newly installed coatings that conforms to AWWA/National Sanitation Foundation Standard 61; 30 TAC §290.46(n), (t), (f)(1)(B), and (p)(1), by failing to maintain an updated map of the distribution system, maintain water storage facilities in a watertight condition, perform a chlorine residual test at representative locations in the distribution system at least once in every seven days and record these tests, and inspect ground storage tanks annually to ensure that the condition of all appurtenances are intact; 30 TAC §290.44(a)(4), by failing to install water transmission and distribution lines below the frost line and at least 24 inches below ground surface; and 30 TAC §290.106(a)(1), by failing to develop a sample siting plan for bacteriological monitoring; PENALTY: $1,688; ENFORCEMENT COORDINATOR: Subhash Jain, (512) 239-5867; REGIONAL OFFICE: 1921 Cedar Bend Drive, Suite 150, Austin, Texas 78758-5336, (512) 339-2929.

(5) COMPANY: Steve Champion dba Casino Beach Golf; DOCKET NUMBER: 1998-1107-PWS-E; IDENTIFIER: Public Water Supply Number 2200331; LOCATION: Fort Worth, Tarrant County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.106, paragraph (e)(2), and the Code, §341.033(d), by failing to take routine bacteriological samples from November 1997 to June 1998 and by failing to notify the public that bacteriological samples were not being performed; PENALTY: $1,800; ENFORCEMENT COORDINATOR: Julia McMasters, (512) 239-5839; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 469-6750.

(6) COMPANY: Centauri Technologies, JV; DOCKET NUMBER: 98-1334-IHW-E; IDENTIFIER: Solid Waste Registration Number 85189; LOCATION: Pasadena, Harris County, Texas; TYPE OF FACILITY: speciality chemicals manufacturing; RULE VIOLATED: 30 TAC §335.6(c), by failing to electronically update the Notice of Registration regarding certain waste and waste management units; 30 TAC §335.9(a), by failing to include on the 1997 Annual Waste Summary the quantity of wastewater from heterocyclimine generated and stored on-site; 30 TAC §335.10(b)(5), by failing to include the state generator's identification in Box B of the Uniform Hazardous Waste Manifest on two manifests; 30 TAC §335.13(d), by failing to submit an exception report when the facility did not receive a copy of the manifest with handwritten signature of the designated facility; 30 TAC §335.431, by failing to include the treatability group, subcategory, and treatment status in Section III of the land disposal restriction notification form; 30 TAC §335.69(a)(3) and (4), by failing to label or mark each tank accumulating hazardous waste on-site for 90 days or less with the words "Hazardous Waste" and by failing to document efforts made by the facility to familiarize local hospitals with the properties of hazardous waste handled at the facility and the types of injuries or illnesses which could result from fires, explosions, or releases; and 30 TAC §335.69(a)(1)(B), by failing to provide secondary containment for the six tanks placed into hazardous waste service in June 1997 and by failing to adequately document in the operating record the tank inspections; PENALTY: $13,590; ENFORCEMENT COORDINATOR: Susan Johnson, (512) 239-2555; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(7) COMPANY: The City of Goree; DOCKET NUMBER: 1997-1113-MWD-E; IDENTIFIER: Permit Number 10102-001; LOCATION: Goree, Knox County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §325.2(b), by failing to employ a wastewater operator who holds a valid certificate of competency; 30 TAC §305.125(5), by failing to remove trees and cattails from the pond banks; and 30 TAC §319.11(b), by failing to take pH measurements within 15 minutes of sample collection; PENALTY: $6,875; ENFORCEMENT COORDINATOR: Laurie Eaves, (512) 239-4495; REGIONAL OFFICE: 1977 Industrial Boulevard, Abilene, Texas 79602-7833, (915) 698-9674.

(8) COMPANY: The City of Pottsboro; DOCKET NUMBER: 98-0817-MWD-E; IDENTIFIER: Permit Number 10591-001; LOCATION: Pottsboro, Grayson County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.126(a), Permit Number 10591-001, and the Code, §26.121, by exceeding 75% and 90% of the permitted daily average flow of 0.21 million gallons per day (mgd) and by failing to comply with the daily average flow permit limit of 0.21 mgd; 30 TAC §319.11(a), by failing to use an approved method to measure chlorine; and 30 TAC §305.125(5), by failing to ensure at all times that the facility and its systems of collection, treatment, and disposal are properly operated; PENALTY: $7,000; ENFORCEMENT COORDINATOR: Pam Campbell, (512) 239-4493; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 469-6750.

(9) COMPANY: City of Roma; DOCKET NUMBER: 98-1064-MSW-E; IDENTIFIER: Municipal Solid Waste Permit Number 954; LOCATION: Roma, Starr County, Texas; TYPE OF FACILITY: type 1 landfill with arid exemption; RULE VIOLATED: 30 TAC §330.1(b), by failing to apply for a permit modification to the existing municipal solid waste landfill permit which is necessary to satisfy the paperwork requirements for documenting the implementation requirements for Subtitle "D" prior to the state imposed deadline of April 9, 1998; 30 TAC §330.130, by failing to demonstrate the operational requirements for landfill gas management and monitoring; 30 TAC §330.114, by failing to develop a site operating plan incorporating the requirements of Subtitle "D" for Arid Exempt Landfills; 30 TAC §330.117, by failing to prevent the unloading of prohibited wastewater treatment plant sludge; and 30 TAC §330.250, by failing to provide certification of compliance with 30 TAC §;330.300, 330.301, and/or 330.305, as applicable, to the executive director for review and approval, thus violating the requirement to complete final closure no later than October 9, 1997; PENALTY: $8,750; ENFORCEMENT COORDINATOR: John Mead, (512) 239-6010; REGIONAL OFFICE: 1804 West Jefferson Avenue, Harlingen, Texas 78550-5247, (956) 425-6010.

(10) COMPANY: Continental Cabinet Manufacturing, Incorporated; DOCKET NUMBER: 98-1126-AIR-E; IDENTIFIER: Account Number DB-0621-J; LOCATION: Lancaster, Dallas County, Texas; TYPE OF FACILITY: cabinet manufacturing plant; RULE VIOLATED: 30 TAC §;116.115(a), 115.426(a)(1), 116.116, Permit Number 18054, and the THSC, §382.085(b), by exceeding cleanup solvent emission rate, failing to maintain records for each coating usage and actual hours of operation, and failing to represent the priming operation in the permit application; PENALTY: $3,200; ENFORCEMENT COORDINATOR: Carl Schnitz, (512) 239-1892; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 469-6750.

(11) COMPANY: Lightning Metal Specialties, Inc.; DOCKET NUMBER: 1998-1186-AIR-E; IDENTIFIER: Account Number CS-0099-V; LOCATION: New Braunfels, Comal County, Texas; TYPE OF FACILITY: computer chassis manufacturer; RULE VIOLATED: 30 TAC §116.110(a) and the Act, §382.085(b) and §382.0518(a), by failing to qualify for an exemption from permitting or obtain a permit prior to construction; PENALTY: $3,600; ENFORCEMENT COORDINATOR: David D. Turner, (210) 403-4032; REGIONAL OFFICE: 140 Heimer Road, Suite 360, San Antonio, Texas 78232-5042, (210) 490-3096.

(12) COMPANY: Oil Patch Sandblast and Paint, Ltd.; DOCKET NUMBER: 98-1399-AIR-E; IDENTIFIER: Account Number HX-1323-M; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: abrasive blasting and painting; RULE VIOLATED: 30 TAC §116.110(a) and the Act, §382.085(b) and §382.0518(a), by constructing an abrasive blasting and painting operation without first obtaining a permit or satisfying the conditions of an exemption from permitting; PENALTY: $1,250; ENFORCEMENT COORDINATOR: Sheila Smith, (512) 239-1670; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(13) COMPANY: PETRON Inc.; DOCKET NUMBER: 98-1261-PST-E; IDENTIFIER: Petroleum Storage Tank Facility Identification Number 0070447; LOCATION: Port Arthur, Jefferson County, Texas; TYPE OF FACILITY: gasoline transporter; RULE VIOLATED: 30 TAC §115.221, by failing to use Stage I vapor recovery equipment during a gasoline delivery to a convenience store with retail sales of gasoline; PENALTY: $6,250; ENFORCEMENT COORDINATOR: J. Craig Fleming, (512) 239-5806; REGIONAL OFFICE: 3870 Eastex Freeway, Suite 110, Beaumont, Texas 77703-1892, (409) 898-3838.

(14) COMPANY: Benjamin Jacob and George P. Samuel dba Pine Forest Motel and Maganbhai R. Patel, Bhagubhai B. Patel and Vinubhai B. Patel dba Holiday Motel; DOCKET NUMBER: 98- 1074-MWD-E; IDENTIFIER: Permit Number 12161-001; LOCATION: Cleveland, Liberty County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: Permit Number 12161-001 and the Code, §26.121, by failing to comply with the ammonia nitrogen daily average concentration permit limit of three mpl, ammonia nitrogen individual grab permit limit of 15 mpl, five- day carbonaceous biochemical oxygen demand daily average concentration permit limit of ten mpl, five-day carbonaceous biochemical oxygen demand daily average loading limit of 0.5 pounds per day, and total suspended solids daily average concentration permit limit of 15 mpl; PENALTY: $2,000; ENFORCEMENT COORDINATOR: Pam Campbell, (512) 239-4493; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(15) COMPANY: The Ravago America Corporation; DOCKET NUMBER: 1998-1019-IWD-E; IDENTIFIER: Permit Number 03567; LOCATION: Hempstead, Waller County, Texas; TYPE OF FACILITY: reprocessing plastics operation; RULE VIOLATED: Permit Number 03567 and the Code, §26.121, by failing to meet the permitted effluent limits; PENALTY: $4,375; ENFORCEMENT COORDINATOR: Brian Lehmkuhle, (512) 239-4482; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(16) COMPANY: Douglass W. King Company, Inc. dba Rio Grande Technologies, LLC; DOCKET NUMBER: 1998-1492-AIR-E; IDENTIFIER: Account Number CD-0137-O; LOCATION: Harlingen, Cameron County, Texas; TYPE OF FACILITY: seed corn processing plant; RULE VIOLATED: 30 TAC §116.110(a) and the Act, §382.085(b) and §382.0518(a), by operating without a permit; PENALTY: $800; ENFORCEMENT COORDINATOR: Miriam Hall, (512) 239-1044; REGIONAL OFFICE: 1804 West Jefferson Avenue, Harlingen, Texas 78550-5247, (956) 425-6010.

(17) COMPANY: Grant Barkey dba Rock-A-Way Park; DOCKET NUMBER: 1998-1109-PWS-E; IDENTIFIER: Public Water Supply Number 1500095; LOCATION: near Burnet, Llano County, Texas; TYPE OF FACILITY: public water system; RULE VIOLATED: 30 TAC §290.46(e)(3)(A), by failing to ensure that the water system is under the supervision of at least a grade "C" groundwater operator; PENALTY: $938; ENFORCEMENT COORDINATOR: Julie Talkington, (512) 239-0439; REGIONAL OFFICE: 1921 Cedar Bend Drive, Suite 150, Austin, Texas 78758-5336, (512) 339-2929.

(18) COMPANY: San Pedro Canyon Water Company; DOCKET NUMBER: 1998-1324-PWS-E; IDENTIFIER: Public Water Supply Number 2330011; LOCATION: Del Rio, Val Verde County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.106(a) and (e)(2) and the THSC, §341.033(d), by failing to collect and submit water samples for bacteriological analysis and by failing to provide public notice of the failure to sample; and 30 TAC §291.76 and the Code, §5.235, by failing to pay water regulatory assessment fees; PENALTY: $1,875; ENFORCEMENT COORDINATOR: Elvia Maske, (512) 239-0884; REGIONAL OFFICE: 140 Heimer Road, Suite 360, San Antonio, Texas 78232-5042, (210) 490-3096.

(19) COMPANY: Alan Shave; DOCKET NUMBER: 1998-1260-PST-E; IDENTIFIER: Petroleum Storage Tank Facility Identification Number 39084; LOCATION: Henrietta, Clay County, Texas; TYPE OF FACILITY: former gasoline station; RULE VIOLATED: 30 TAC §334.55(a)(3), by failing to have the permanent removal of an underground storage tank from service conducted by qualified personnel in a manner designed to minimize the possibility of any threats to human health and safety or the environment; PENALTY: $800; ENFORCEMENT COORDINATOR: Lori R. Haynie, (915) 698-9674; REGIONAL OFFICE: 1977 Industrial Boulevard, Abilene, Texas 79602-7833, (915) 698-9674.

(20) COMPANY: Southwestern Electric Power Company; DOCKET NUMBER: 98-1116-IWD-E; IDENTIFIER: Permit Number 01331; LOCATION: near Jefferson, Marion County, Texas; TYPE OF FACILITY: steam electric generating station; RULE VIOLATED: Permit Number 01331 and the Code, §26.121, by failing to comply with the permitted copper limits for the daily average limit of 0.010 mpl, daily maximum limit of 0.018 mpl, average loading limit of 46 pounds per day, and maximum loading limit of 83 pounds per day; PENALTY: $8,250; ENFORCEMENT COORDINATOR: Karen Berryman, (512) 239-2172; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.

TRD-9901722

Paul C. Sarahan

Director, Litigation Division

Texas Natural Resource Conservation Commission

Filed: March 23, 1999


The Texas Natural Resource Conservation Commission (TNRCC or commission) Staff is providing an opportunity for written public comment on the listed Default Orders. The TNRCC Staff proposes a Default Order when the Staff has sent an Executive Director's Preliminary Report and Petition (EDPRP) to an entity outlining the alleged violations; the proposed penalty; and the proposed technical requirements necessary to bring the entity back into compliance, and the entity fails to request a hearing on the matter within 20 days of its receipt of the EDPR. Similar to the procedure followed with respect to Agreed Orders entered into by the executive director of the TNRCC pursuant to the Texas Water Code, §7.075, this notice of the proposed order and the opportunity to comment is published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is May 2, 1999 . The TNRCC will consider any written comments received and the TNRCC may withdraw or withhold approval of a Default Order if a comment discloses facts or considerations that indicate that the proposed Default Orders is inappropriate, improper, inadequate, or inconsistent with the requirements of the statutes and rules within the TNRCC's jurisdiction, or the TNRCC's orders and permits issued pursuant to the TNRCC's regulatory authority. Additional notice of changes to a proposed Default Order is not required to be published if those changes are made in response to written comments.

A copy of each of the proposed Default Orders is available for public inspection at both the TNRCC's Central Office, located at 12100 Park 35 Circle, Building A, 3rd Floor, Austin, Texas 78753, (512) 239-3400 and at the applicable Regional Office listed as follows. Written comments about the Default Order should be sent to the attorney designated for the Default Order at the TNRCC's Central Office at P.O. Box 13087, MC 175, Austin, Texas 78711-3087 and must be received by 5:00 p.m. on May 2, 1999 . Written comments may also be sent by facsimile machine to the attorney at (512) 239-3434. The TNRCC attorneys are available to discuss the Default Orders and/or the comment procedure at the listed phone numbers; however, comments on the Default Orders should be submitted to the TNRCC in writing .

(1) COMPANY: Preston Allen; DOCKET NUMBER: 1996-1160-OSI-E; TNRCC ID NUMBER: Registration Number 4060; LOCATION: 231 Cedar Lane, Cleburne, Johnson County, Texas; TYPE OF FACILITY: on-site sewage facility; RULE VIOLATED: 30 TAC §285.12 and §285.13 by failing to install an on-site sewage facility that conformed with sewerage and effluent disposal systems design specifications; PENALTY: $2,200; STAFF ATTORNEY: Booker Harrison, Litigation Division, MC 175, (512) 239-4113; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 469-6750.

(2) COMPANY: Noble Enloe dba Tanglewood Forest Water System; DOCKET NUMBER: 1997-1723-PWS-E; TNRCC ID NUMBER: 2040054; ENFORCEMENT ID NUMBER: 7092; LOCATION: Oakhurst, San Jacinto County, Texas; TYPE OF FACILITY: public drinking water operator; RULE VIOLATED: 30 TAC §290.106(a)(1) by failing to have a written sample siting plan for the collection of routine bacteriological samples from representative service connections throughout the distribution system; 30 TAC §290.46(n) by failing to have a map of the distribution system so that valves and main could be easily located during emergencies; 30 TAC §290.46(m) by failing to properly maintain the water system by improving the general appearance of all plant facilities; 30 TAC §290.43(d)(2) by failing to provide all pressure tanks with pressure release devices and easily readable pressure gauges; 30 TAC §290.46(p) by failing to either inspect all pressure tanks annually or to record and maintain results of such annual inspections; 30 TAC §290.46(i) by failing to have a service agreement with each customer that would allow an inspection of the individual water facilities prior to providing service in order to ensure that no substandard material was used and to prevent possible cross-connection or other undesirable plumbing practices; 30 TAC §290.44(a)(4) by failing to install water transmission and distribution lines at least 25 inches below the ground surface; 30 TAC §290.44(d)(5) by failing to provide the water system with sufficient valves and blow-offs so that necessary repairs could be made without undue interruption of service over any considerable area and for flushing the system when required; 30 TAC §290.46(f)(2)(B) by failing to perform chlorine residual tests on water collected from various locations within the distribution system at least once every seven days; 30 TAC §290.45(b)(1)(A) by failing to provide a pressure tank capacity of 50 gallons per connection; 30 TAC §290.45(b)(1)(A) by failing to provide a well capacity of 1.5 gallons per minute per connection; 30 TAC §290.41(c)(3)(K) by failing to provide a screened casing vent on each well; 30 TAC §290.41(c)(1)(F) by failing to obtain sanitary easements for all property within 150 feet of each well site; 30 TAC §291.76 and Texas Water Code, §5.235 by failing to pay the Regulatory Assessment Fee for 1996; 30 TAC §290.106 and Texas Health and Safety Code, §34.033(d) by failing to submit water samples from the Facility for bacteriological analysis to a laboratory approved by the Texas Department of Health for the sampling periods of July 1996, August 1996, September 1996, October 1996, November 1996, December 1996, January 1997, February 1997, and March 1997; PENALTY: $11,680; STAFF ATTORNEY: Mary R. Risner, Litigation Division, MC 175, (512) 239-6224; REGIONAL OFFICE: 3870 Eastex Freeway, Suite 110, Beaumont, Texas 77703-1892.

(3) COMPANY: Joseph McConley doing business as Metro Land and Investments doing business as Martin Creek Estates; DOCKET NUMBER: 1996-1975-PWS-E; TNRCC ID NUMBER 1260122; ENFORCEMENT ID NUMBER: 6719; LOCATION: Johnson County, Texas; TYPE OF FACILITY: public water system; RULE VIOLATED: 30 TAC §290.46(e) by failing to operate the system under the direct supervision of a certified water works operator; 30 TAC §290.106 by failing to collect and submit samples for bacteriological analysis to a laboratory approved by the Texas Department of Health on a regular monthly basis; 30 TAC §290.106(a)(1) by failing to prepare a plan showing the sites at which samples for bacteriological analysis will be collected; 30 TAC §290.41(e) by failing to provide mechanical chlorination equipment to provide continuous disinfection of all water; 30 TAC §290.46(f)(1)(A) by failing to maintain a disinfectant residual of 0.2 milligrams per liter in the far reaches of the distribution systems at all times; 30 TAC §290.46(f)(2) by failing to provide proper chlorination test kit method; 30 TAC §290.45(b)(1)(B) by failing to provide a well capacity of 0.6 gallons per minute per connection; 30 TAC §290.45(B) by failing to provide pressure tank capacity of 20 gallons per connection; 30 TAC §290.43(c)(6) by failing to provide that all water storage tanks are tight against leakage; 30 TAC §290.43(c)(7) by failing to provide a means of removing accumulated silt and deposits in the bottom of each clear well and potable water tank; 30 TAC §290.43(e) by failing to enclose all potable water storage reservoirs and pressure maintenance facilities in an intruder-resistant fence with lockable gates; 30 TAC §290.43(c) by failing to provide a water storage reservoir in compliance with American Water Works standards; 30 TAC §290.46(p) by failing to inspect ground storage and pressure tanks and maintain records of these inspections on at least an annual basis; 30 TAC §290.43(d)(2) by failing to equip the pressure tank with a pressure release device and an easily readable pressure gauge; 30 TAC §290.46(I) by failing to have an agreement with each customer that would allow an inspection of individual water system facilities prior to providing service and periodically to prevent cross-connections or other undesirable plumbing practices; 30 TAC §290.41(c)(3)(B) by failing to extend the well casing to a point 18 inches above the elevation of the finished floor of the pump house or natural ground surface and a minimum of one inch above the sealing block or pump motor foundation block; 30 TAC §290.41(c)(3)(N) by failing to provide the well with a flow measuring device to measure production yields and provide for the accumulation of water production data; 30 TAC §290.41(c)(3)(K) by failing to seal the well head with gaskets or a pliable crack-resistant caulk; 30 TAC §290.41(c)(3)(K) by failing to provide the well with a casing vent which is faced downward and screened with 16-mesh or finer corrosion-resistant screen; 30 TAC §290.41(c)(1)(F) by failing to protect the system's facilities by establishing a 150-foot radius sanitary control easement prohibiting all septic tanks within 50 feet of the well and open jointed drain fields within a 150-foot radius of each well; 30 TAC §290.41(c)(3)(A) by failing to submit well completion data to the TNRCC; 30 TAC §290.46(w) by failing to post a legible sign at each facility which provides the name of the water supply and an emergency telephone number where a responsible person can be contacted; 30 TAC §290.44(a)(1) by failing to ensure that all chemicals, any additional or replacement process media, all newly installed pipes, and related products conform to American National Standards Institute/National Sanitation Foundation Standards; 30 TAC §290.46(m) by failing to initiate a maintenance program to facilitate cleanliness, improve the general appearance of all plant facilities, and reduce costly repairs due to a lack of proper maintenance; 30 TAC §290.39(d) by failing to submit "as-built" plans of the existing system which have been prepared and sealed by a registered professional engineer; 30 TAC §291.101(a) by failing to obtain a certificate of convenience and necessity; 30 TAC §291.21(a) by failing to file with the commission, tariffs showing all rates that are subject to the original or appellate jurisdiction of the commission. PENALTY: $7,110; STAFF ATTORNEY: John Peeler, Litigation Division, MC 175, (512) 239-3506; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499.

(4) COMPANY: Bill Whitten; DOCKET NUMBER: 1998-0788-OSS-E; CERTIFICATION NUMBER: 5923 and ENFORCEMENT NUMBER: 12694; LOCATION OF VIOLATION: Williamson and Burnet Counties, in Texas; TYPE OF FACILITY: on-site septic installer; RULES VIOLATED: 30 TAC §285.58(a)(10) by abandoning the installation of an on-site sewage facility located at 1499 North Highway 183, Liberty Hill, Williamson County, Texas, without just cause; 30 TAC §285.58(a)(10) by abandoning the installation of an on-site sewage facility located on Lots 24 and 25, Donall Estates, Unit 4, Burnet County, Texas, without just cause, before the final inspection; PENALTY: $750; STAFF ATTORNEY: Kathy Keils, Litigation Division, MC 175, (512) 239-0678; REGIONAL OFFICE: Austin Regional Office, 1921 Cedar Bend, Suite 150, Austin, Texas 78758- 5336.

TRD-9901749

Paul C. Sarahan

Director, Litigation Division

Texas Natural Resource Conservation Commission

Filed: March 24, 1999


Notice of Opportunity to Comment on Shut Down Orders of Administrative Enforcement Actions

The Texas Natural Resource Conservation Commission (TNRCC or commission) Staff is providing an opportunity for written public comment on the listed Shutdown Orders. Texas Water Code, § 26.3475 authorizes the TNRCC to order the shutdown of any Underground Storage Tank system found to be noncompliant with release detection, spill and overfill prevention, and/or, after December 22, 1998, cathodic protection regulations of the commission, until such time as the owner/operator brings the Underground Storage Tank system into compliance with those regulations. The TNRCC staff proposes a shutdown order after the owner or operator of a underground storage tank facility fails by to perform required corrective actions within 30 days after receiving notice of the release detection, spill and overfill prevention, and/or, after December 22, 1998, cathodic protection violations documented at the facility. Pursuant to the Texas Water Code, §7.075, this notice of the proposed order and the opportunity to comment is published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is May 2, l999 . The TNRCC will consider any written comments received and the TNRCC may withdraw or withhold approval of a Shutdown Order if a comment discloses facts or consideration that indicate that the consent to the proposed Shutdown Order is inappropriate, improper, inadequate, or inconsistent with the requirements of the statutes and rules within the TNRCC's jurisdiction, or the TNRCC's orders and permits issued pursuant to the TNRCC's regulatory authority. Additional notice of changes to a proposed Shutdown Order is not required to be published if those changes are made in response to written comments.

Copies of each of the proposed Shutdown Orders is available for public inspection at both the TNRCC's Central Office, located at 12100 Park 35 Circle, Building A, 3rd Floor, Austin, Texas 78753, (512) 239-3400 and at the applicable Regional Office listed as follows. Written comments about the Shutdown Order should be sent to the attorney designated for the Shutdown Order 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 May 2, 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 Shutdown Orders and/or the comment procedure at the listed phone numbers; however, comments on the Shutdown Orders should be submitted to the TNRCC in writing .

(1) FACILITY: C. C. Southern; DOCKET NUMBER: 1999-0353-PST-E; TNRCC ID NUMBER: Facility ID Number 19996; LOCATION: 7179 Industrial Avenue, El Paso, El Paso County, Texas; TYPE OF FACILITY: retail gasoline service station with underground storage tanks; RULES VIOLATED: 30 TAC §334.50(b)(1)(A) by failing to monitor the underground storage tanks for releases at a frequency of at least once every month; 30 TAC §334.50(d)(5) by failing to install equipment and implement procedures designed to test or monitor for the presence of vapors from the regulated substance in the soil gas of the backfilled excavation zone; PENALTY: shutdown order; STAFF ATTORNEY: Scott McDonald, Litigation Division, MC 175 (512) 239-6005; REGIONAL OFFICE: 7500 Viscount Boulevard, Suite 147, El Paso, Texas 79925-5633.

(2) FACILITY: Fiesta Grocery; OWNER: Jet Properties, Incorporated and Amin Mohammed doing business as Fiesta Grocery; DOCKET NUMBER: 1999-0193-PST-E; TNRCC ID NUMBER: Facility ID Number: 0039546; LOCATION: 7208 Brook Valley, San Antonio, Bexar County, Texas; TYPE OF FACILITY: retail gasoline service station with underground storage tanks; RULES VIOLATED: 30 TAC §334.50(b) and §334.50(a)(1)(A) by failing to provide tank and piping release detection for the entire underground storage tanks system and 30 TAC §334.49(a) by failing to provide corrosion protection for the entire underground storage tanks system; PENALTY: shutdown order; STAFF ATTORNEY: Bill Jang, Litigation Division, MC 175, (512) 239-2269; REGIONAL OFFICE: 140 Heimer Road, Suite 360, San Antonio, Texas 78232-5042, (210) 490-3096.

(3) FACILITY: King Mart Number 1; OWNER: Mohammed Razi Niuzi; DOCKET NUMBER: 1999-0274-PST-E; TNRCC ID NUMBER: 0037105; LOCATION: 5800 Almeda Road, Houston, Harris County, Texas; TYPE OF FACILITY: retail gasoline service station with underground storage tanks; RULES VIOLATED: 30 TAC §334.49(a) by failing to have corrosion protection for the underground storage tanks system; 30 TAC §334.50(a)(1)(A) by failing to have a release detection method capable of detecting a release from any portion of the underground storage tanks system, including piping; PENALTY: shutdown order; STAFF ATTORNEY: M. Camille Morris, Litigation Division, MC 175, (512) 239-3915; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(4) FACILITY: Kountry Korner; OWNER: Mr. Young Kwon; DOCKET NUMBER: 1999- 0184-PST-E; TNRCC ID NUMBER: 13393; LOCATION: 111 West Highway 82, Nocona, Montague County, Texas; TYPE OF FACILITY: retail gasoline service station with underground storage tanks; RULES VIOLATED: 30 TAC §334.50(a)(1)(A) by failing to provide a release detection method capable of detecting a release from any portion of the underground storage tank systems; 30 TAC §334.51(b)(2)(C) by failing to equip each tank with a valve or other device designed to automatically shut off the flow of regulated substances into the tank when the liquid in the tank reaches no higher than 95% capacity; and 30 TAC §334.49(a) by failing to install corrosion protection at the facility; PENALTY: shutdown order; STAFF ATTORNEY: Mary R. Risner, Litigation Division, MC 175, (512) 239-6224; REGIONAL OFFICE: 1977 Industrial Boulevard, Abilene, Texas 79602- 7833 (915) 698-9674.

(5) FACILITY: Mandy's Racing Fuel; OWNER: Gary Scalf; DOCKET NUMBER: 1999-0330-PST-E; TNRCC ID NUMBER: Facility ID Number 0060575; LOCATION: 1313 Sheldon, Channelview, Harris County; TYPE OF FACILITY: retail gasoline service station with underground storage tanks; RULES VIOLATED: 30 TAC §334.50(a)(1) by failing to provide proper release detection for the underground storage tanks at the Facility; 30 TAC §334.49(a) by failing to provide proper corrosion protection for the entire underground storage tank system; 30 TAC §334.51(b)(2)(B) by failing to provide proper spill containment equipment for the entire underground storage tank system; and 30 TAC §334.51(b)(2)(C) by failing to provide proper overfill prevention equipment; PENALTY: shutdown order; STAFF ATTORNEY: Kathy Keils, Litigation Division, MC 175, (512) 239-0678; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(6) FACILITY: Southwood Food Mart; OWNER: Rajni Patel; DOCKET NUMBER: 1999-0198-PST-E; TNRCC ID NUMBER: Facility ID Number 0004821; LOCATION: 702 Southwood, Lufkin, Angelina County, Texas; TYPE OF FACILITY: retail gasoline service station with underground storage tanks; RULES VIOLATED: 30 TAC §334.50(b)(1) by failing to provide a release detection method capable of detecting a release from any portion of the underground storage tanks system, 30 TAC §334.50(b)(2) by failing to monitor piping for releases monthly, 30 TAC §334.50(b)(2)(A)(i)(III) by failing to perform an annual performance test on line leak detector for the suction piping, 30 TAC §334.49(a) by failing to provide corrosion protection for the entire underground storage tanks system, and 30 TAC §334.49(e) by failing to provide appropriate corrosion protection records; PENALTY: shutdown order; STAFF ATTORNEY: John Peeler, Litigation Division, MC 175, (512) 239-3506; REGIONAL OFFICE: 3870 Eastex Freeway, Suite 110, Beaumont, Texas 77703-1892, (409) 898-3838.

(7) FACILITY: Whistle Stop; OWNER: Habibco Corporation, Incorporated; DOCKET NUMBER: 1999-0295-PST-E; TNRCC ID NUMBER: 4055; LOCATION: 834 East Rundberg, Austin, Travis County; TYPE OF FACILITY: retail and gasoline service station with underground storage tanks; RULE(S) VIOLATED: 30 TAC §334.50(a)(1)(A) by failing to have a release detection method capable of detecting a release from any portion of the underground storage tanks system which contains regulated substances including the tanks, piping, and other ancillary equipment; 30 TAC §334.50(b)(2)(A)(i)(III) by failing to test a line leak detector at least once per year for performance and operational reliability; 30 TAC §334.50(d)(1)(B)(ii) by failing to conduct reconciliation of detailed inventory control records at least once each month, sufficiently accurate to detect a release which equals or exceeds the sum of 1.0% of the total substance flow through for the month plus 130 gallons; PENALTY: shutdown order; STAFF ATTORNEY: Kathy Keils, Litigation Division, MC 175, (512) 239-0678; REGIONAL OFFICE: 1921 Cedar Bend Drive, Suite 150, Austin, Texas 78758-5336, (512) 339-3795.

TRD-9901748

Paul C. Sarahan

Director, Litigation Division

Texas Natural Resource Conservation Commission

Filed: March 24, 1999


Notice of Water Quality Applications.

Notices issued during the period of February 26, 1999 through March 16, 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, at the address provided in the information section above, WITHIN 30 DAYS OF THE ISSUE DATE OF THE NOTICE.

SPLENDORA INDEPENDENT SCHOOL DISTRICT, P.O. Box 168, Splendora, Texas 77372, has applied to the Texas Natural Resource Conservation Commission (TNRCC) for a new permit, proposed Texas Pollutant Discharge Elimination System (TPDES) Permit No. 11143-002, to authorize the discharge of treated domestic wastewater at a daily average flow not to exceed 20,000 gallons per day. The plant site is located at 23411 Farm-to-Market Road 2090, approximately 2.67 miles northwest of the intersection of U.S. Highway 59 and Farm-to-Market Road 2090 in Montgomery County, Texas. The treated effluent is discharged to Gulley Branch; thence to Peach Creek in Segment No. 1011 of the San Jacinto River Basin. The designated uses for Segment No. 1011 are high aquatic life use, public water supply and contact recreation. No significant degradation of high quality receiving waters is anticipated.

FORT BEND COUNTY MUNICIPAL UTILITY DISTRICT NO. 116, C/O VINSON & ELKINS, L.L.P., 2300 First City Tower, 1001 Fannin, Houston, Texas 77002-6760, has applied to the Texas Natural Resource Conservation Commission (TNRCC) for a new permit, proposed Texas Pollutant Discharge Elimination System (TPDES) Permit No. 13976-001, to authorize the discharge of treated domestic wastewater at a daily average flow not to exceed 500,000 gallons per day. The plant site is located along the west side of Crabb River Road approximately 4200 feet south of U.S. Highway 59 in Fort Bend County, Texas. The treated effluent is discharged to Rabbs Bayou; thence to the Brazos River Below Navasota River in Segment No. 1202 of the Brazos River Basin. The unclassified receiving water uses are limited aquatic life use for Rabbs Bayou. The designated uses for Segment No. 1202 are high aquatic life uses, public water supply, and contact recreation. No significant degradation of high quality receiving waters is anticipated.

CITY OF HUNTSVILLE, 1212 Avenue M, Huntsville, Texas 77340, has applied to the Texas Natural Resource Conservation Commission (TNRCC) for a new permit, proposed Texas Pollutant Discharge Elimination System (TPDES) Permit No. 10781-004, to authorize the discharge of treated domestic wastewater at an annual average flow not to exceed 2,500,000 gallons per day. The plant site is located on Farm-to-Market Road 1374, approximately 4 miles south-southwest of the intersection of Interstate Highway 45 and Farm-to-Market Road 1374 in Walker County, Texas. The treated effluent is discharged via pipeline to an unnamed tributary; thence to Robinson Creek; thence to Lake Conroe in Segment No. 1012 of the San Jacinto River Basin. The unclassified receiving water uses are no significant aquatic life use for the unnamed tributary and high aquatic life use for Robinson Creek. The designated uses for Segment No. 1012 are high aquatic life use, public water supply and contact recreation. No significant degradation of high quality receiving waters is anticipated.

CITY OF PEARLAND, 3519 Liberty Drive, Pearland, Texas 77588, has applied to the Texas Natural Resource Conservation Commission (TNRCC) for a new permit, proposed Texas Pollutant Discharge Elimination System (TPDES) Permit No. 10134-007, to authorize 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 approximately 0.25 mile east and 1 miles north of the intersection of County Road 101 (Bailey Road) and County Road 103 (Harkey Road) in the City of Pearland in Brazoria County, Texas. The treated effluent is discharged to Marys Creek; thence to Clear Creek Above Tidal in Segment No. 1102 of the San Jacinto-Brazos Coastal Basin. The unclassified receiving water uses are no significant aquatic life uses for Marys Creek. The designated uses for Segment No. 1102 are contact recreation and high aquatic life uses. No significant degradation of high quality receiving waters is anticipated.

HARRIS COUNTY, P.O. Box 519, Houston, Texas 77446-0519, has applied to the Texas Natural Resource Conservation Commission (TNRCC) for a new permit, proposed Texas Pollutant Discharge Elimination System (TPDES) Permit No. 13921-001, to authorize the discharge of treated domestic wastewater at a daily average flow not to exceed 20,000 gallons per day. The plant site is located approximately 4,500 feet west-southwest of the intersection of Katy-Hockley Road and Katy-Hockley Cutoff, 4,600 feet northwest of the intersection of Katy-Hockley Cutoff and Longenbaugh Road or approximately 4.4 miles north of the City of Katy, in Harris County, Texas. The treated effluent is discharged via 4" PVC force main to Harris County Flood Control Ditch U102-14-00; thence to Bear Creek; thence to South Mayde Creek; thence to Buffalo Bayou Above Tidal in Segment No. 1014 of the San Jacinto River Basin. The unclassified receiving waters have no significant aquatic life uses for the Harris County Flood Control Ditch U102-14-00 and Bear Creek downstream to Longenbaum Road and intermediate aquatic life uses for Bear Creek from Longenbaum Road downstream. The designated uses for Segment No. 1014 are contact recreation and limited aquatic life uses. No significant degradation of high quality receiving waters is anticipated.

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, at the address provided in the information section above, WITHIN 30 DAYS AFTER NEWSPAPER PUBLICATION OF THE NOTICE.

CITY OF SEYMOUR, P.O. Box 31, Seymour, Texas 76380, has applied to the Texas Natural Resource Conservation Commission (TNRCC) for a new permit, Proposed Texas Pollutant Discharge Elimination System (TPDES) Permit, No. 04004, to authorize the discharge of reverse osmosis reject water at a daily average flow not to exceed 200,000 gallons per day via Outfall 001. The appllicant proposes to operate a water treatment plant. The plant site is located on the west bank of Plants Creek approximately 2,700 feet north of the intersection of West Custer Street and East California Street (U.S. Highway 82), northwest of the City of Seymour, Baylor County, Texas. The effluent is discharged directly to the Brazos River above Possum Kingdom Lake, in Segment No. 1208 of the Brazos River Basin. The designated uses for Segment No. 1208 are high quality aquatic life use and contact recreation. No significant degradation of high quality receiving waters is anticipated.

LOWER COLORADO RIVER AUTHORITY, P.O. Box 220, Austin, Texas 78767-0220, has appllied to the Texas Natural Resource Conservation Commission (TNRCC) for a new permit, proposed Texas Pollutant Discharge Elimination System (TPDES) Permit No. 13977-001, to authorize the discharge of treated domestic wastewater at a daily average flow not to exceed 50,000 gallons per day. The plant site is located approximately 1,000 feet north of State Highway 71 at a point 11,500 feet northwest (along State Highway 71) of the intersection of State Highway 71 and Farm to Market Road 1209 in Bastrop County, Texas. The treated effluent is discharged to an unnamed tributry; thence to Colorado River Below Town Lake in Segment No.1428 of the Colorado River Basin. The unclassified receiving water uses are no significant aquatic life uses for the unnamed tributary. The designated uses for Segment No. 1428 are contact recreation,exceptional aquatic life uses and public water supply. No significant degradation of high quality receiving waters is anticipated.

BIMBO CEREAL FOODS, Inc.,P.O. Box 150, Canyon, Texas 79015, has applied to the Texas Natural Resource Conservation Commission (TNRCC) for a new permit, Proposed Permit No. 04052 to authorize the disposal of process wastewater and wash water at a daily average flow not to exceed 100,000 gallons per day via irrigation of 250 acres of land. The applicant proposes to operate a corn flour processing plant. This permit will not authorize a discharge of pollutants into waters in the State. The facility and disposal area are located on the west side of Farm to Market Road 809, approximately 500 feet north of the intersection of Farm to Market Road 809 and Farm to Market Road 1062, Deaf Smith County, Texas. The plant site and disposal area are located in the drainage basin of Upper Prairie Dog Town Fork Red River, in Segment No.0229, of the Red River Basin.

CITGO PRODUCTS PIPELINE COMPANY, P.O. Box 3758, Tulsa, Oklahoma 741023758 has applied to the Texas Natural Resource Conservation Commission (TNRCC) for a new permit, Proposed Texas Pollutant Discharge Elimination System (TPDES) Permit No. 03993, to authorize the discharge of remediated groundwater, stormwater and hydrostatic test water on an intermittent and flow variable basis via Outfall 001 and stormwater on an intermittent and flow variable basis via Outfall 002. The applicant operates Arlington Station, a petroleum pipeline pumping station with interim storage. The plant site is located at 3301 State Highway 157 in the City of Fort Worth, Tarrant County, Texas. The effluent is discharged to a series of drainage ditches; thence to Hurricane Creek; thence to the Lower West Fork Trinity River, in Segment No. 0841 of the Trinity River Basin. The unclassified receiving waters have presumed no significant aquatic life use for the drainage ditches and high aquatic life use for Hurricane Creek. The designated uses for Segment No. 0841 are intermediate quality aquatic life use and contact recreation. No significant degradation of high quality receiving waters is anticipated.

MILITARY HIGHWAY WATER SUPPLY CORPORATION, P.O. Box 250, Progresso, Texas 78579, has applied to the Texas Natural Resource Conservation Commission (TNRCC) for a new permit, Proposed Permit No. 13462006, to authorize the discharge of treated domestic wastewater at a daily average flow not to exceed 510,000 gallons per day. The plant site is located approximately - mile east of the intersection of Balli Road and FarmtoMarket Road 907 and approximately 500 feet west of the intersection of Balli Road and Tower Road in Hidalgo County, Texas. The treated effluent is discharged to Arroyo Colorado Above Tidal in Segment No. 2202 of the Nueces Rio Grande Coastal Basin. The designated uses for Segment No. 2202 are contact recreation and intermediate aquatic life uses.

FORT BEND COUNTY MUNICIPAL UTILITY DISTRICT NO. 116, c/o Vinson & Elkins, L.L.P., 2300 First City Tower, 1001 Fannin, Houston, Texas 770026760, has applied to the Texas Natural Resource Conservation Commission (TNRCC) for a new permit, proposed Texas Pollutant Discharge Elimination System (TPDES) Permit No. 13976001, to authorize the discharge of treated domestic wastewater at a daily average flow not to exceed 500,000 gallons per day. The plant site is located along the west side of Crabb River Road approximately 4200 feet south of U.S. Highway 59 in Fort Bend County, Texas. The treated effluent is discharged to Rabbs Bayou; thence to the Brazos River Below Navasota River in Segment No. 1202 of the Brazos River Basin. The unclassified receiving water uses are limited aquatic life use for Rabbs Bayou. The designated uses for Segment No. 1202 are high aquatic life uses, public water supply, and contact recreation. No significant degradation of high quality receiving waters is anticipated.

CALPINE CORPORATION, 50 West San Fernando Street, San Jose, California 95113, has applied to the Texas Natural Resource Conservation Commission (TNRCC) for a new permit, proposed Texas Pollutant Discharge Elimination System (TPDES) Permit No. 04040, to authorize the discharge of cooling tower blowdown, previously monitored effluents (low volume waste sources) and stormwater at a daily average flow not to exceed 1,500,000 gallons per day via Outfall 001. The applicant proposes to operate an electric power plant. The plant site is located at the southwest corner of the intersection of McColl Road and State Highway 1925 (Monte Cristo Road) approximately three miles northwest of the City of Edinburg, Hidalgo County, Texas. The effluent is discharged to Hidalgo County Drainage Ditch No. 1 (North Main Drain); thence to Santa Cruz Canal; thence to Donna Drain; thence to the North Floodway Pilot Channel; thence to Laguna Madre in Segment No. 2491 of the Bays and Estuaries. The unclassified receiving waters have high aquatic life use for the Hidalgo County Drainage Ditch No. 1 (North Main Drain) and the Santa Cruz Canal. The designated uses for Segment No. 2491 are exceptional quality aquatic life use, contact recreation and oyster waters. No significant degradation of high quality receiving waters is anticipated.

VULCAN MATERIALS COMPANY, P.O. Box 791550, San Antonio, Texas 78279, has applied to the Texas Natural Resource Conservation Commission (TNRCC) for a major amendment to Permit No. 03806 to authorize relocation of Outfalls 001 and 003 from the currently authorized locations. The permit currently authorizes an intermittent, flow variable discharge of mine pit water and storm water runoff via Outfalls 001, 002 and 003, which will remain the same. The applicant operates a limestone quarry and rock crushing operation. The plant site is located at: crushing operation adjacent to County Road (CR) 228 approximately - mile north of the intersection of CR 228 and CR 234; mining operation immediately south of the intersection of CR 228 and CR 234, near the City of Tehuacana, Limestone County, Texas. The effluent is discharged to: Outfall 001 to a grassy swale; thence to Tehuacana Creek; thence to the Trinity River Above Lake Livingston in Segment No. 0804 of the Trinity River Basin; Outfall 002 to a ditch; thence to an unnamed tributary of Tehuacana Creek; thence to Tehuacana Creek; thence to the Trinity River Above Lake Livingston in Segment No. 0804 of the Trinity River Basin; and Outfall 003 to an unnamed tributary; thence to Trotter Ponds; thence to an unnamed tributary; thence to SCS Reservoir #24; thence to Elm Creek; thence to Pin Oak Creek; thence to Richland Chambers Reservoir in Segment No. 0836 of the Trinity River Basin. The unclassified receiving water use is limited aquatic life use for Trotter Ponds. The designated uses for Segment No. 0804 are high quality aquatic life use and contact recreation. The designated uses for Segment No. 0836 are high quality aquatic life use, contact recreation, and public water supply.

AUSTEX PARTS & SERVICE, L.L.C., P.O. Box 17547, Austin, Texas 78760, has applied to the Texas Natural Resource Conservation Commission (TNRCC) for a new permit, proposed Texas Pollutant Discharge Elimination System (TPDES) Permit No. 14060001, to authorize the discharge of treated domestic wastewater at a daily average flow not to exceed 123,750 gallons per day. The plant site is located 2.6 miles northwest of the intersection of State Highway 21 and County Road 127 in Hayes County, Texas. The treated effluent is discharged to an unnamed tributary of Brushy Creek; thence to Brushy Creek; thence to Plum Creek in Segment No. 1810 of the Guadalupe River Basin. The unclassified receiving water uses are no significant aquatic life uses for the unnamed tributary of Brushy Creek. The designated uses for Segment No. 1810 are high aquatic life uses and contact recreation. No significant degradation of high quality receiving waters is anticipated.

ARISTECH CHEMICAL CORPORATION, 8811 Strang Road, P.O. Box 1436, LaPorte, Texas 77572, has applied to the Texas Natural Resource Conservation Commission (TNRCC) for a major amendment to TNRCC Permit No. 02107 to authorize an increase in the discharge from a daily average flow not to exceed 300,000 gallons per day to a daily average flow not to exceed 422,000 gallons per day via Outfall 001; to reroute cooling tower blowdown from Outfall 001 to Outfall 002; increase the discharge from an intermittent and flow variable basis to a daily average flow not to exceed 323,000 gallons per day via Outfall 002; and to add a new discharge of storm water runoff on an intermittent and flow variable basis via Outfall 003. The current permit authorizes the discharge of treated wastewaters consisting of commingled process wastewater, cooling tower and boiler blowdown, domestic wastewater, and storm water runoff at a daily average flow not to exceed 300,000 gallons per day via Outfall 001, and storm water runoff on an intermittent and flow variable basis via Outfall 002. Issuance of this Texas Pollutant Discharge Elimination System (TPDES) permit will replace the existing National Pollutant Discharge Elimination System (NPDES) Permit No. TX0074276 issued on June 24, 1994 and TNRCC Permit No. 02107. The applicant operates a polypropylene manufacturing plant. The plant site is located at 8811 Strang Road, approximately 1000 feet east of the intersection of Strang Road and State Highway 225, and approximately 3.5 miles northwest of the City of LaPorte, Harris County, Texas. The effluent is discharged to a drainage ditch; thence to San Jacinto Bay, in Segment No. 2427 of the Bays and Estuaries. The unclassified receiving waters have no significant aquatic life use for the drainage ditch. The designated uses for Segment No. 2427 are high quality aquatic life use and contact recreation. No significant degradation of high quality receiving waters is anticipated.

CITY OF BLOOMBURG, P.O. Box 198, Bloomburg, Texas 75556, has applied to the Texas Natural Resource Conservation Commission (TNRCC) for a new permit, Proposed Permit No. 13930001, to authorize the discharge of treated domestic wastewater at a daily average flow not to exceed 90,000 gallons per day. The plant site is located approximately 200 feet south of the intersection of Anthony and Louisiana Streets in Cass County, Texas. The treated effluent is discharged to State Line Creek in the drainage area of nondesignated segment (referenced as Segment 0400) of the Cypress Creek Basin in Texas.

AMTOPP CORPORATION, P.O. Box 405, Lolita, Texas 77971, has applied to the Texas Natural Resource Conservation Commission (TNRCC) for a major amendment to TNRCC Permit No. 03477 to authorize an increase from a daily average flow not to exceed 140,000 gallons per day to a daily average flow not to exceed 533,000 gallons per day via Outfall 001; to add two additional waste streams (noncontact cooling water from the chiller system and noncontact cooling water from the air conditioning system) to the list of permitted waste streams at Outfall 001; and to add two additional waste streams (raw water from the fire water system and air conditioning condensate) to the list of permitted waste streams at Outfalls 002 and 003. The current permit authorizes the discharge of contact cooling water, cooling tower blowdown, reverse osmosis reject water, and treated domestic wastewater at a daily average flow not to exceed 140,000 gallons per day via Outfall 001, and storm water on an intermittent and flow variable basis via Outfalls 002 and 003. Issuance of this Texas Pollutant Discharge Elimination System (TPDES) permit will replace the existing NPDES Permit No. TX0108405 issued on February 26, 1993 and TNRCC Permit No. 03477. The applicant operates a plastics extrusion facility manufacturing plastic film, plastic bags, and plastic corrugated sheets. The plant site is located at 101 Inteplast Boulevard, adjacent to Farm to Market Road 1593, approximately 3.5 miles south of the City of Lolita, Jackson County, Texas. The effluent is discharged from the plant site through a 12inch pipe to the Lavaca River Tidal in Segment No. 1601 of the Lavaca River Basin (Outfall 001); and to Huisache Creek; thence to Cox Bay in Segment No. 2454 of the Bays and Estuaries (Outfalls 002 and 003). The designated uses for Segment No. 1601 are high quality aquatic life use and contact recreation. The designated uses for Segment No. 2454 are exceptional quality aquatic life use, contact recreation, and oyster waters. No significant degradation of high quality receiving waters is anticipated.

CENTRAL POWER & LIGHT COMPANY , P.O. Box 2121, Corpus Christi, Texas 78403, has applied to the Texas Natural Resource Conservation Commission (TNRCC) for a major amendment to TNRCC Permit No. 01303 to authorize the disposal of domestic wastewater via evaporation and to allow for an alternative method for the analytical laboratory analysis of total residual chlorine. The current permit authorizes the discharge of once through cooling water and previously monitored effluents at a daily average flow not to exceed 231,000,000 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. TX0003573 issued on December 20, 1996 and TNRCC Permit No. 01303 issued on October 22, 1993. The applicant operates the E.S. Joslin Steam Electric Station. The plant site is located approximately 1.5 miles south of State Highway 35 near the City of Point Comfort, Calhoun County, Texas. The effluent is discharged to Cox Bay, in Segment No. 2454 of the Bays and Estuaries. The designated uses for Segment No. 2454 are exceptional quality aquatic life use, contact recreation, and oyster waters. No significant degradation of high quality receiving waters is anticipated.

NJB & SONS, INC., 7810 South Lone Star Parkway, Moody, Texas 76557, has applied to the Texas Natural Resource Conservation Commission (TNRCC) for a major amendment to TNRCC Permit No. 10888001 to authorize an increase in the discharge of treated domestic wastewater from a daily average flow not to exceed 5,000 gallons per day to a daily average flow not to exceed 40,000 gallons per day. The current permit also authorizes the disposal of treated domestic wastewater via irrigation of five (5) acres of golf course. Application rates for the irrigated land shall not exceed 1.1 acrefeet/acre/year on 5.0 acres. The plant site is located 0.75 mile west of State Highway 317 and approximately 2.25 miles north of the intersection of State Highway 317 and FarmtoMarket Road 107 in McLennan County, Texas. The treated effluent is discharged to an unnamed lake; thence to an unnamed tributary; thence to Stampede Creek; thence to Belton Lake in Segment No. 1220 of the Brazos River Basin. The unclassified receiving water uses are high aquatic life uses for unnamed lake. The designated uses for Segment No. 1220 are high aquatic life uses, public water supply, and contact recreation. No significant degradation of high quality receiving waters is anticipated.

GEORGIA GULF CORPORATION, P.O. Box 1959, Pasadena, Texas 77501, has applied to the Texas Natural Resource Conservation Commission (TNRCC) for a major amendment to TNRCC Permit No. 02067 to authorize the removal of effluent limitations and monitoring requirements for biochemical oxygen demand (5day), total suspended solids, benzene, total arsenic, total nickel, and total zinc at Outfall 001; to add boiler blowdown to the list of permitted wastes at Outfall 001; and to reroute domestic sewage from Outfalls 101/001 to Outfall 004. The current permit authorizes the discharge of treated sanitary wastewater, cooling tower blowdown, steam system blowdown, and storm water at a flow not to exceed 320,000 gallons during any 24hour period via Outfall 001; Phenol Unit treated wastewater at a daily average flow not to exceed 550,000 gallons per day via Outfall 004; Phenol Plant cooling tower blowdown and steam condensate at a flow not to exceed 500,000 gallons during any 24hour period via Outfall 005 which will remain the same; and storm water on an intermittent and flow variable basis via Outfalls 002, 003, and 006 which will remain the same. Issuance of this Texas Pollutant Discharge Elimination System (TPDES) permit will replace the existing National Pollutant Discharge Elimination System (NPDES) Permit No. TX0072320 issued on June 30, 1992 and TNRCC Permit No. 02067. The applicant operates an organic chemical manufacturing plant which produces cumene, phenol, and acetone as its primary products. The plant site is located at 3503 Pasadena Freeway, on the south bank of the Houston Ship Channel, approximately 7500 feet north of State Highway 225, in the City of Pasadena, Harris County, Texas. The effluent is discharged directly to the Houston Ship Channel, in Segment No. 1006 of the San Jacinto River Basin. The designated uses for Segment No. 1006 are navigation and industrial water supply. No significant degradation of high quality receiving waters is anticipated.

UTILITIES INVESTMENT COMPANY, INC., P.O. Box 11130, Houston, Texas 772931130, has applied to the Texas Natural Resource Conservation Commission (TNRCC) for a new permit, proposed Texas Pollutant Discharge Elimination System (TPDES) Permit No. 13988001, to authorize the discharge of treated domestic wastewater at a daily average flow not to exceed 49,000 gallons per day.The plant site is located approximately 2.5 miles westnorthwest of the intersection of Interstate Highway 45 and Longstreet Road and 3.8 miles northnorthwest of the intersection of River Road and Farm to Market Road 830 in Montgomery County, Texas. The treated effluent is discharged to a drainage ditch; thence to an unnamed tributary; thence to Chambers Creek; thence to Lake Conroe in Segment No. 1012 of the San Jacinto River Basin. The unclassified receiving water uses are no significant aquatic life use for the drainage ditch and limited aquatic life use for the unnamed tributary. The designated uses for Segment No. 1012 are high aquatic life use, public water supply and contact recreation. No significant degradation of high quality receiving waters is anticipated.

CHILTON WATER SUPPLY AND SEWER SERVICE CORPORATION, P.O. Box 95, Cameron, Texas 765200095, has applied to the Texas Natural Resource Conservation Commission (TNRCC) for a major amendment to TNRCC Permit No. 10811001 to authorize an increase in the discharge of treated domestic wastewater from a daily average flow not to exceed 66,000 gallons per day to a daily average flow not to exceed 74,000 gallons per day. Issuance of the proposed Texas Pollutant Discharge Elimination System (TPDES) Permit No.10811001 will replace the existing NPDES Permit No. TX0053520 issued on May 10, 1988 and TNRCC Permit No.10811001 issued on May 23, 1994. The plant site is located approximately 0.7 mile east of State Highway 77 and 1 mile south of the City of Chilton, just northeast of the crossing of Deer Creek by old Highway 77 in Falls County, Texas. The treated effluent is discharged to Deer Creek; thence to Brazos River Below Whitney Creek in Segment No. 1242 of the Brazos River Basin. The unclassified receiving water uses are intermediate aquatic life uses for Deer Creek. The designated uses for Segment No. 1242 are contact recreation, high aquatic life uses and public water supply. No significant degradation of high quality receiving waters is anticipated.

NORTHEAST TEXAS COMMUNITY COLLEGE, P.O. Box 1307, Mount Pleasant, Texas 754561307, has applied to the Texas Natural Resource Conservation Commission (TNRCC) for a new permit, proposed Texas Pollutant Discharge Elimination System (TPDES) Permit No. 13948001, to authorize the discharge of treated domestic wastewater at a daily average flow not to exceed 10,000 gallons per day. The plant site is located approximately 100 yards northwest of the campus entrance on Farm to Market Road 1735; approximately 31/2 miles southeast of the intersection of Farm to-Market Road 1735 and State Highway 49 in Titus County, Texas. The treated effluent is discharged to an unnamed tributary of Williamson Creek; thence to Williamson Creek; thence to Big Cypress Creek Below Lake Bob Sandlin in Segment No. 0404 of the Cypress Creek Basin. The unclassified receiving water uses are no significant aquatic life use for unnamed tributary of Williamson Creek. The designated uses for Segment No. 0404 are intermediate aquatic life use, and contact recreation. No significant degradation of high quality receiving waters is anticipated.

TEXAS DEPARTMENT OF CRIMINAL JUSTICE, P.O. Box 4011, Huntsville, Texas 77342, has applied to the Texas Natural Resource Conservation Commission (TNRCC) for a major amendment to TNRCC Permit No. 11180-001 to authorize an increase in the discharge of treated domestic wastewater from a daily average flow not to exceed 700,000 gallons per day to a daily average flow not to exceed 850,000 gallons per day. Issuance of the proposed Texas Pollutant Discharge Elimination System (TPDES) Permit No. 11180-001 will replace the existing NPDES Permit No. TX0031607 issued on December 1, 1989 and TNRCC Permit No. 11180-001. The plant site is located approximately 3.5 miles northwest of State Highway 19 and approximately 12 miles northeast of the City of Huntsville in Walker County, Texas. The treated effluent is discharged to a drainage ditch; thence to Turkey Creek; thence to Lake Livingston in Segment No. 0803 of the Trinity River Basin. The unclassified receiving water uses are no significant aquatic life uses for the drainage ditch and intermediate aquatic life use for Turkey Creek. The designated uses for Segment No. 0803 are high aquatic life uses, public water supply, and contact recreation. No significant degradation of high quality receiving waters is anticipated.

CITY OF CANTON, P. O. Box 245, Canton, Texas 75103, has applied to the Texas Natural Resource Conservation Commission (TNRCC) for a renewal of TNRCC Permit No. 10399-002, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 900,000 gallons per day. Issuance of the proposed Texas Pollutant Discharge Elimination System (TPDES) Permit No.10399-002 will replace the existing NPDES Permit No. TX0099112 issued on July 23, 1996 and TNRCC Permit No.10399-002. The plant site is located approximately 4,000 feet northeast of the intersection of Interstate Highway 20 and State Highway 19 and approximately 5,000 feet northwest of the intersection of Interstate Highway 20 and Farm-to-Market Road 17 in Van Zandt County, Texas. The treated effluent is discharged to Mill Creek; thence to the Sabine River Below Lake Tawakoni in Segment No. 0506 of the Sabine River Basin. The unclassified receiving water uses are intermediate aquatic life uses for Mill Creek. The designated uses for Segment No. 0506 are contact recreation, high aquatic life uses and public water supply.

Notice of Concentrated Animal Feeding Operation Applications.

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 Chief Clerk, at the address provided in the information section above, WITHIN 30 DAYS AFTER THE NEWSPAPER PUBLICATION OF THE NOTICE.

BEN GAY, INC., P.O. Box 383, Brush, Colorado 80723-0383 and CATTLECO, INC., 1301 East Burlington Avenue, Fort Morgan, CO. 80701, have applied to the Texas Natural Resource Conservation Commission (TNRCC) for a new TPDES Permit No. 04019 to authorize the applicant to operate a beef cattle facility at a maximum capacity of 35,000 head in Gaines County, Texas. No discharge of pollutants into the waters int he state is authorized by this permit. All waste and wastewater will be beneficially used on agricultural land. The facility is located on the east side of Farm to Market Road 3306, approximately tow miles north of the intersection of Farm to Market Road 3306 and U. S. Highway 180, this intersection is approximately 22 miles west of the City of Seminole in Gaines county, Texas. The facility is located in the drainage area below Lake J.B. Thomas in Segment No. 1412 of the Colorado River Basin.

YME BOSMA, Route 1, Box 106, May TX 76857 has applied to the Texas Natural Resource Conservation Commission (TNRCC) for a new TPDES Permit to replace state Permit No. 03855 to authorize the applicant to operate an existing dairy facility at a maximum capacity of 995 head in Brown County, Texas. No discharge of pollutants into the waters in the state is authorized by this Permit. All waste and wastewater will be beneficially used on agricultural land. The existing dairy facility is located on the north side of Farm to Market Road 1689 approximately three miles east of the intersection of Farm to Market Road 1689 and U. S. Highway 183 in Brown County, Texas. The facility is located in the drainage area of Lake Brownwood in Segment No. 1418 of the Colorado River Basin.

BILLY RAY EVANS, P.O. Box 922, Proctor TX 76468 has applied to the Texas Natural Resource Conservation Commission (TNRCC) for a new Permit No. 04041 to authorize the applicant to operate an existing dairy operation at a maximum capacity of 600 head in Comanche County, Texas. No discharge of pollutants into the waters in the state is authorized by this permit. All waste and wastewater will be beneficially used on agricultural land. The existing facility is located 0.15 mile east on Farm-to-Market Road 1476 from the intersection of Farm-to-Market Road 1476 with Texas Highway 377 in Proctor, then 1.6 miles east on a gravel county road in Comanche County. The facility is located in the drainage area of the Leon River Below Proctor Lake in Segment No. 1221 of the Brazos River Basin.

BILLY MCPHERSON, 6365 County Road 1126B, Godley TX 76044 has applied to the Texas Natural Resource Conservation Commission (TNRCC) for a new Permit No. 04030 to authorize the applicant to operate a dairy facility at a maximum capacity of 249 head in Johnson County, Texas. No discharge of pollutants into the waters in the state is authorized by this permit. All waste and wastewater will be beneficially used on agricultural land. The dairy facility is located on the an unnamed county road approximately one-half mile east of the intersection of the unnamed county road and Texas Highway 171, this intersection is approximately four miles south of the Community of Godley in Johnson County, Texas. The facility is located in the drainage area of Lake Pat Cleburne in Segment No. 1228 of the Brazos River Basin.

FRIONA INDUSTRIES, L.P., P.O. Box 806, Friona TX 79035 has applied to the Texas Natural Resource Conservation Commission (TNRCC) for an amendment of the TPDES Permit No. 01600 to authorize the applicant to expand from a maximum capacity of 36,000 head to 55,000 head in Parmer County, Texas. No discharge of pollutants into the waters in the state is authorized by this Permit. All waste and wastewater will be beneficially used on agricultural land. The existing facility is located on the east side of Farm-to-Market Road 3140 approximately two miles south of the intersection of Farm-to-Market 3140 and U.S. Highway 60 five miles east of Friona in Parmer County, Texas. The facility is located in the drainage area of Frio Draw of the Upper Prairie Dog Town Fork of the Red River in Segment No. 0229 of the Red River Basin.

FRIONA INDUSTRIES, L.P., P.O. Box 806, Friona TX 79035 has applied to the Texas Natural Resource Conservation Commission (TNRCC) for an amendment of the TPDES Permit No. 01600 to authorize the applicant to expand from a maximum capacity of 36,000 head to 55,000 head in Parmer County, Texas. No discharge of pollutants into the waters in the state is authorized by this Permit. All waste and wastewater will be beneficially used on agricultural land. The existing facility is located on the east side of Farm-to-Market Road 3140 approximately two miles south of the intersection of Farm-to-Market 3140 and U.S. Highway 60 five miles east of Friona in Parmer County, Texas. The facility is located in the drainage area of Frio Draw of the Upper Prairie Dog Town Fork of the Red River in Segment No. 0229 of the Red River Basin.

FRIONA INDUSTRIES, L.P., P.O. Box 806, Friona TX 79035 has applied to the Texas Natural Resource Conservation Commission (TNRCC) for an amendment of the TPDES Permit No. 01600 to authorize the applicant to expand from a maximum capacity of 36,000 head to 55,000 head in Parmer County, Texas. No discharge of pollutants into the waters in the state is authorized by this Permit. All waste and wastewater will be beneficially used on agricultural land. The existing facility is located on the east side of Farm-to-Market Road 3140 approximately two miles south of the intersection of Farm-to-Market 3140 and U.S. Highway 60 five miles east of Friona in Parmer County, Texas. The facility is located in the drainage area of Frio Draw of the Upper Prairie Dog Town Fork of the Red River in Segment No. 0229 of the Red River Basin.

SPARKMAN CATTLE COMPANY, INC., Route 2 Box 50, Hereford TX 79045 has applied to the Texas Natural Resource Conservation Commission (TNRCC) for renewal of TPDES Permit No. 03695 to authorize the applicant to operate an existing beef cattle operation at a maximum capacity of 9,500 head in Castro County, Texas. No discharge of pollutants into the waters in the state is authorized by this Permit. All waste and wastewater will be beneficially used on agricultural land. The existing facility is located on a private road approximately one half mile west of FM 1055. The entrance to the private road is approximately 6 miles south of the intersection of FM 1055 and IH 60 in Castro County, Texas. The facility is located in the drainage area of Upper Prairie Dog Town Fork Red River in Segment No. 0229 of the Red River Basin.

STANLEY RAY JONES, P.O. Box 200, Amherst TX 79312 has applied to the Texas Natural Resource Conservation Commission (TNRCC) for a new TPDES Permit No. 03863 to authorize the applicant to operate a dairy operation at a maximum capacity of 3,250 head in Lamb County, Texas. No discharge of pollutants into the waters in the state is authorized by this Permit. All waste and wastewater will be beneficially used on agricultural land. The dairy facility is located on the east side of Farm-to-Market Road 1928, approximately 0.5 miles south of the intersection of Farm-to-Market Road 1928 and US Highway 84, and 1.5 miles south of Amherst, Lamb County, Texas. The facility is located in the drainage area of the Double Mountain Fork of the Brazos River in Segment No. 1241 of the Brazos River Basin.

TEXAS FARM INC., 9 SW 2nd Avenue, Perryton TX 79070 submitted an application on December 12, 1998 to the Texas Natural Resource Conservation Commission (TNRCC) for a new Registration No. 03876 to authorize the applicant to operate a commercial nursery/finish swine facility at a maximum capacity of 249,600 head in Ochiltree County, Texas. The facility will generate, collect and treat animal waste and wastewater on-site. Wastewater will be disposed by evaporation. The swine facility is located on the west side of Farm to Market 2711 approximately four miles south of the intersection of Farm to Market Road 377 and Farm to Market 2711 approximately four miles south of the intersection of Farm to Market Road 377 and Farm to Market Road 2711 in Ochiltree county, Texas. The facility is located in the drainage area of Wolf Creek in Segment No. 0104 of the Canadian River Basin.

VALL, INC., 911 Texas St., Texahoma OK 73949, submitted on November 9, 1998, to the Texas Natural Resource Conservation Commission (TNRCC) an application for a new Registration No. 04076 to authorie the applicant to operate a new swine operation at a maximum capacity of 16,200 head in Sherman county, Texas. The facility will generate, collect and treat animal waste and wastewater on site. All waste and wastewater will be beneficially used on agricultural land. The proposed facility will be located approximately 4 miles southeast of Stratford and 20 miles west of the Sherman/Hansford county line. From the city of Stratford, go 2 miles east on Hwy. 15, then 2 miles south, then east into the facility. The facility will be located in segment number 0100 of the Canadian River Basin.

CACTUS OPERATING, LTD., 2209 West 7th, Amarillo TX 79116 has applied to the Texas Natural Resource Conservation Commission (TNRCC) for a new TPDES Permit No. 04050 to authorize the applicant to operate a beef cattle operation at a maximum capacity of 85,000 head in Ochiltree County, Texas. No discharge of pollutants into the water in the state is authorized by this Permit. All waste and wastewater will be beneficially used on agricultural land. The existing facility is located approximately 7 miles south on US 70 from Perryton, Texas, then 6 miles east on FM 2711. The feedyard is on the south side of the road. The facility is located in the drainage area of Wolf Creek in Segment No. 0104 of the Canadian River Basin.

JIMMY DON AND LARRY PACK, Rt 1 Box 147C, Stephenville TX 76401 has applied to the Texas Natural Resource Conservation Commission (TNRCC) for renewal of Permit No. 03563 to authorize the applicant to operate an existing dairy operation at a maximum capacity of 450 head in Erath County, Texas. No discharge of pollutants into the waters in the state is authorized by this Permit. All waste and wastewater will be beneficially used on agricultural land. The existing facility is located on the north side of State Hwy 8 approximately 5 miles northwest of the intersection of State Hwy 8 and FM 988 in Erath County, Texas. The facility is located in the drainage area of the Upper North Bosque in Segment No. 1255 of the Brazos River Basin

TEXAS FARM INC., 9 South West 2nd Avenue, Perryton TX 79070 submitted an application on December 11, 1998 to the Texas Natural Resource Conservation Commission (TNRCC) for a new Registration No. 03902 to authorize the applicant to operate a commercial sow/swine facility at a maximum capacity of 57,750 head in Ochiltree County, Texas. The facility will generate, collect and treat animal waste and wastewater on site. Wastewater will be disposed of by evaporation. The swine facility is located Approximately 7 miles west and 1.5 miles south of Hwy. 15 East of the city of Perryton in Ochiltree county. The facility is located in an unknown drainage area in Segment No. 0100 of the Canadian River Basin.

TRD-9901725

LaDonna Castanuela

Chief Clerk

Texas Natural Resource Conservation Commission

Filed: March 23, 1999


Provisionally-Issued Temporary Permits to Appropriate State Water

Permits issued March 8 - March 16, 1999.

Temporary Permit Number TP-8069 by TransTexas Gas Corporation for diversion of 1 acre-feet period for mining (hydrostatic test of pipelines) use. Water may be diverted from approximately 15 miles N. of Galveston and 1 mile E of San Leon at a site in-between 7th and 8th Streets on the coast of Galveston Bay, San Jacinto-Brazos River Basin.

Temporary Permit Number TP-8070 by Dean Work Company, Ltd. for diversion of 8 acre-feet in a 1-year period for industrial (highway construction) use. Water may be diverted from Nueces River, tributary of Nueces River Basin for industrial purposes at a diversion of rate of 500 gpm (1.11 cfs) at a point where Nueces River crosses FM 481 approximately 12 mi. SW of Uvalde and 8 mi. N of La Pryor in Uvalde County, Texas.

Temporary Permit Number TP-8071 by Angelo Iafrate Construction L.L.C. Address for diversion of 8 acre-feet in a 1-year period for industrial (highway construction) use. Water may be diverted from a point where Brushy Creek crosses State Highway 7 approximately 14 mi. W of Centerville and 2.5 mi. E of Marquez in Leon County, Texas.

Temporary Permit Number TP-8072 by Odell Geer Construction Co., Inc for diversion of 1 acre-feet in a 1-year period for industrial (highway construction) use. Water may be diverted from a point where Alligator Creek crosses FM 486 approximately 14 mi. SW of Cameron and 2 mi. NE of San Gabriel in Milam County, Texas.

Temporary Permit Number TP-8073 by Matador Operating Company for diversion of 3 acre-feet in a 90 day period for mining (gas well drilling) use. Water may be diverted from near a point where unnamed creek crosses FM 782 approximately 6 mi. NW of Henderson and 3 mi. NW of New Prospect in Rusk County, Texas.

The Executive Director of the TNRCC has reviewed each application for the permits listed and determined that sufficient water is available at the proposed point of diversion to satisfy the requirements of the application as well as all existing water rights. Any person or persons who own water rights or who are lawful users of water on a stream affected by the temporary permits listed above and who believe that the diversion of water under the temporary permit will impair their rights may file a complaint with the TNRCC. The complaint can be filed at any point after the application has been filed with the TNRCC and the time the permit expires. The Executive Director shall make an immediate investigation to determine whether there is a reasonable basis for such a complaint. If a preliminary investigation determines that diversion under the temporary permit will cause injury to the complainant the commission shall notify the holder that the permit shall be canceled without notice and hearing. No further diversions may be made pending a full hearing as provided in Section 295.174. Complaints should be addressed to Water Rights Permitting Section, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711, Telephone (512) 239-4433. Information concerning these applications may be obtained by contacting the Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711, Telephone (512) 239-3300.

TRD-9901726

LaDonna Castanuela

Chief Clerk

Texas Natural Resource Conservation Commission

Filed: March 23, 1999


Texas Department of Protective and Regulatory Services

Request for Proposal for Social Studies and/or Adoption Readiness Studies

The Texas Department of Protective and Regulatory Services (PRS) is soliciting proposals for Child Protective Services (CPS) to provide Social Studies and/or Adoption Readiness Studies either directly or through subcontractors.

The objectives of these services are to reduce and/or eliminate the risk of child abuse and neglect within the family unit.

Contractors selected may choose to serve any or all of five (5) geographic areas representative of the 30 central counties in Region 07. Catchment area designations will be listed in the request document. Client eligibility is determined by CPS staff and referrals made to the contractor. The Title IV-B funding for this contract is approximately $200,000.00 and is dependent upon state and/or federal appropriation for September 1, 1999 - August 31, 2000. This contract is renewable at PRS's discretion. Eligible offerors are public or private nonprofit, or for-profit agencies, individuals and partnerships with knowledge, competence and qualifications in serving families and children who have been abused or neglected. Minimum education and experience requirements are contained in the request document. PRS is an Affirmative Action/Equal Opportunity state agency that encourages Historically Underutilized Businesses to apply. Reimbursement rates for these professional services are listed in the request document and are based on a review of reasonable and customary fees for the regional area. An offeror's conference will be held on April 8, 1999 at 10:00 a.m. in room 353, building 2, at 7901 Cameron Road, Austin (PRS Building).

Contact Person: A "Request for Proposal" packet may be obtained beginning March 30, 1999, by contacting: Bill Simmons, PRS Procurement Officer, Mail Code 367-2, 1011 Gattis School Road, Ste. 110, Round Rock, Texas 78664, (512) 388-6277 or fax (512) 388-6202. Deadline for receipt of "Intent to Apply" form is April 15, 1999. Deadline for receipt of completed and modified proposals is April 30, 1999, at 3:00 P.M.

TRD-9901653

C. Ed Davis

Deputy Commissioner for Legal Services

Texas Department of Protective and Regulatory Services

Filed: March 17, 1999


Public Utility Commission of Texas

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

Notice is given to the public of an application filed with the Public Utility Commission of Texas on March 19, 1999 to introduce new or modified rates or terms pursuant to P.U.C. Substantive Rule §23.25, Procedures Applicable to Chapter 58-Electing Incumbent Local Exchange Companies (ILECs) .

Tariff Title and Number: Application of Contel of Texas, Inc. to Introduce New or Modified Rates, to Offer Three Fixed Price Calling Services Packages for Residential Customers Throughout the Company's Operating Area in Texas Pursuant to P.U.C. Substantive Rule §23.25. Tariff Control Number 20640.

The Application: GTE Contel, Inc. has notified the Public Utility Commission of Texas that it is offering three fixed price calling services packages for residential customers throughout the Company's operating area in Texas. This filing proposes to make the packages of services available to all GTE Contel, Inc. residential customers. The packages offered are: pick any three custom calling services for a monthly rate of $5.25, pick any five custom calling services for a monthly rate of $7.25, or for a monthly rate of $10.25 the residential customer can have all the available custom calling services. Some residential customers in the state, as a result of subscribing to three or five custom calling services, may already be eligible for one of the packages. Those customers will be contacted by direct mail and will be offered the appropriate package.

Persons who wish to intervene in this proceeding should contact the Public Utility Commission of Texas, by mail at P.O. Box 13326, Austin, Texas 78711-3326, or call the commission's Office of Customer Protection at (512) 936-7120 by April 12, 1999. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136.

TRD-9901735

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: March 23, 1999


Notice is given to the public of an application filed with the Public Utility Commission of Texas on March 19, 1999 to introduce new or modified rates or terms pursuant to P.U.C. Substantive Rule §23.25, Procedures Applicable to Chapter 58-Electing Incumbent Local Exchange Companies (ILECs) .

Tariff Title and Number: Application of GTE-Southwest, Inc. to Introduce New or Modified Rates, to Offer Three Fixed Price Calling Services Packages for Residential Customers Throughout the Company's Operating Area in Texas Pursuant to P.U.C. Substantive Rule §23.25. Tariff Control Number 20641.

The Application: GTE Southwest, Inc. has notified the Public Utility Commission of Texas that it is offering three fixed price calling services packages for residential customers throughout the Company's operating area in Texas. This filing proposes to make the packages of services available to all GTE Southwest, Inc. residential customers. The packages offered are: pick any three custom calling services for a monthly rate of $5.25, pick any five custom calling services for a monthly rate of $7.25, or for a monthly rate of $10.25 the residential customer can have all the available custom calling services. Since some residential customers in the Dallas-Fort Worth Metroplex already have the services as a result of a previous promotional offering, this filing proposes to allow those customers to maintain the service uninterrupted. Some residential customers in the state, as a result of subscribing to three or five custom calling services, may already be eligible for one of the packages. Those customers will be contacted by direct mail and will be offered the appropriate package.

Persons who wish to intervene in this proceeding should contact the Public Utility Commission of Texas, by mail at PO Box 13326, Austin, Texas 78711-3326, or call the commission's Office of Customer Protection at (512) 936-7120 by April 12, 1999. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136.

TRD-9901736

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: March 23, 1999


Notice is given to the public of an application filed with the Public Utility Commission of Texas on March 23, 1999 to introduce new or modified rates or terms pursuant to P.U.C. Substantive Rule §23.25, Procedures Applicable to Chapter 58-Electing Incumbent Local Exchange Companies (ILECs) .

Tariff Title and Number: Southwestern Bell Telephone Company Notification to Institute Promotional Rates for Customers Newly Subscribing to the Home 800 TM Per Minute of Use Plan Between April 15, 1999 and December 31, 1999 Pursuant to P.U.C. Substantive Rule §23.25. Tariff Control Number 20655.

The Application: Southwestern Bell Telephone Company (SWBT) has notified the Public Utility Commission of Texas that it is instituting promotional rates for customers newly subscribing to the Home 800 TM Per Minute of Use plan between April 15, 1999 and December 31, 1999. During the promotional period, new twelve-month subscribers to the Home 800 TM Per Minute of Use plan will receive a one-time credit of $10.00 and a monthly waiver of $1.95 off the regular monthly service charge of $3.95. The $1.95 waiver will be applied to each month's bill during the twelve months resulting in a promotional monthly service charge of $2.00. The $10.00 credit will be applied in the customer's twelfth month bill cycle. The effective date for this tariff is April 15, 1999. SWBT has provided notification of this Home 800 TM per Minute of Use plan promotion to the Local Service Providers (LSP's). The LSP's will be provided the wholesale discount for this Home 800 TM promotion.

Persons who wish to intervene in this proceeding should contact the Public Utility Commission of Texas, by mail at PO Box 13326, Austin, Texas 78711-3326, or call the commission's Office of Customer Protection at (512) 936-7120 by April 12, 1999. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136.

TRD-9901754

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: March 24, 1999


Notices of Application for Service Provider Certificate of Operating Authority

Notice is given to the public of the filing with the Public Utility Commission of Texas of an application on March 16, 1999, for a service provider certificate of operating authority (SPCOA), pursuant to §§54.154 - 54.159 of the Public Utility Regulatory Act (PURA). A summary of the application follows.

Docket Title and Number: Application of Laredo Telephone Company Limited Partnership for a Service Provider Certificate of Operating Authority, Docket Number 20633 before the Public Utility Commission of Texas.

Applicant intends to provide a full range of telecommunications services, including, but not limited to, local exchange service, basic local telecommunications service and switched access service in the proposed area. The Applicant will also provide long distance, POTS service, Operator Services, WATS, 800, ISDN, data services, custom calling services, Caller ID and other optional calling services.

Applicant's requested SPCOA geographic area includes the geographic area comprising Webb County, Texas.

Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas, at PO Box 13326, Austin, Texas 78711-3326, or call the commission's Office of Customer Protection at (512) 936-7120 no later than April 7, 1999. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136.

TRD-9901658

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: March 18, 1999


Notice is given to the public of the filing with the Public Utility Commission of Texas of an application on March 18, 1999, for a service provider certificate of operating authority (SPCOA), pursuant to §§54.154 - 54.159 of the Public Utility Regulatory Act (PURA). A summary of the application follows.

Docket Title and Number: Application of Texas State Telephone for a Service Provider Certificate of Operating Authority, Docket Number 20638 before the Public Utility Commission of Texas.

Applicant intends to provide resale local and long distance services.

Applicant's requested SPCOA geographic area includes the Abilene, Austin, Beaumont, Brownsville, Bryan, Corpus Christi, Dallas, El Paso, Hearne, Houston, Longview, Lubbock, Midland, San Angelo, San Antonio, Waco and Wichita Falls Local Access and Transport Areas.

Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas, at P.O. Box 13326, Austin, Texas 78711-3326, or call the commission's Office of Customer Protection at (512) 936-7120 no later than April 7, 1999. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136.

TRD-9901717

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: March 22, 1999


Notice is given to the public of the filing with the Public Utility Commission of Texas of an application on March 19, 1999, for a service provider certificate of operating authority (SPCOA), pursuant to §§54.154 - 54.159 of the Public Utility Regulatory Act (PURA). A summary of the application follows.

Docket Title and Number: Application of C3 Communications, Inc. for a Service Provider Certificate of Operating Authority, Docket Number 20647 before the Public Utility Commission of Texas.

Applicant intends to provide data services, regional long-haul transport and dedicated access. The Applicant will not provide dial tone services.

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 PO Box 13326, Austin, Texas 78711-3326, or call the commission's Office of Customer Protection at (512) 936-7120 no later than April 7, 1999. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136.

TRD-9901732

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: March 23, 1999


Notice is given to the public of the filing with the Public Utility Commission of Texas of an application on March 22, 1999, for a service provider certificate of operating authority (SPCOA), pursuant to §§54.154 - 54.159 of the Public Utility Regulatory Act (PURA). A summary of the application follows.

Docket Title and Number: Application of KMC Telecom III, Inc. for a Service Provider Certificate of Operating Authority, Docket Number 20586 before the Public Utility Commission of Texas.

Applicant intends to provide local exchange service, basic local telecommunications service, and switched access services through the use of its own facilities and the resold facilities of other certificated telecommunications carriers.

Applicant's requested SPCOA geographic area includes the cities of Amarillo, Beaumont/Port Arthur, Brownsville/Harlingen, El Paso, Lubbock, Midland/Odessa, Tyler and Waco within the state of Texas.

Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas, at PO Box 13326, Austin, Texas 78711-3326, or call the commission's Office of Customer Protection at (512) 936-7120 no later than April 7, 1999. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136.

TRD-9901716

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: March 22, 1999


Notice of Application to Amend Certificate of Convenience and Necessity

Notice is given to the public of the filing with the Public Utility Commission of Texas of an application on March 16, 1999 to amend a certificate of convenience and necessity pursuant to §§14.001, 32.001, 36.001, 37.051, and 37.054, 37.056, 37.057, 37.058 of the Public Utility Regulatory Act, Texas Utilities Code Annotated (Vernon 1998) (PURA). A summary of the application follows.

Docket Title and Number: Application of Nueces Electric Cooperative, Inc. to Amend Certificated Service Area Boundaries (Service Area Exception) within Nueces County and City of Corpus Christi, Docket Number 20632, before the Public Utility Commission of Texas.

The Application: In Docket Number 20632, Nueces Electric Cooperative, Inc. (NEC) requests a service area exception with Central Power and Light Company (CPL) in order to provide service to a ten unit office building and a separate 35 foot by 15 foot building located in the singly-certificated area of CPL. Both buildings are owned by Mr. Howard Cagle, who has requested service be provided by NEC. NEC has a grandfathered transmission line located in CPL's singly-certificated area, which is approximately 261 feet from the end of the office building.

Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas, at P.O. Box 13326, Austin, Texas 78711-3326, or call the commission's Office of Customer Protection at (512) 936-7120 within 15 days of this notice. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136.

TRD-9901659

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: March 18, 1999


Notice of Intent to File Pursuant to P.U.C. Substantive Rule §23.27

Notice is given to the public of the filing with the Public Utility Commission of Texas of an application pursuant to the Public Utility Regulatory Act (PURA) §58.103 for a customer- specific contract for SmartTrunk Service to Marcus Cable.

Tariff Title and Number: Southwestern Bell Telephone Company's Notification of Customer Specific Pricing Contract for SmartTrunk Service to Marcus Cable Pursuant to §58.103 of PURA. Tariff Control Number 20532.

The Application: Southwestern Bell Telephone Company filed an application pursuant to §58.103 of Public Utility Regulatory Act, Texas Utilities Code Annotated §§11.001- 63.063 (Vernon 1998)(PURA). SWBT proposes to offer a discounted rate for SmartTrunk service to Marcus Cable. Specifically, SWBT proposes to waive the installation charge for the SmartTrunk interfaces and to provide the SmartTrunk interfaces at a volume discounted rate. The contract includes two components, including SmartTrunk interfaces and 138 B-channels. Information provided by SWBT indicates revenue generated from the SmartTrunk interface will not, by itself, recover the cost to SWBT of providing the SmartTrunk interface. However, when combined with the B-channels, revenue for the overall customer-specific contract will recover the cost of the contract. SmartTrunk is a discretionary service under §58.107(7) of PURA.

Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas, by mail at PO Box 13326, Austin, Texas 78711-3326, or call the commission's Office of Customer Protection at (512) 936-7120 by April 16, 1999. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136.

TRD-9901734

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: March 23, 1999


Notice of Rescheduled Public Hearing

In the January 29, 1999 Texas Register (24 TexReg 473) the commission published proposed new rule §§25.272 - 25.275 in Project Number 17549 - Code of Conduct for Electric Utilities and their Affiliates . In the preamble to these sections the commission noticed that a public hearing would be held pursuant to Texas Government Code Annotated §2001.029 on March 29, 1999 at 9:00 a.m. This public hearing has been canceled and rescheduled.

A public hearing in Project Number 17549 will now be conducted on April 26, 1999 at 9:00 a.m. in the commission's offices located in the William B. Travis Building, seventh floor, 1701 North Congress Avenue, Austin, Texas 78701. If you have any questions in regards to this public hearing, contact Bridget Rabel at (512) 936-7216.

TRD-9901731

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: March 23, 1999


Public Notices of Amendment to Interconnection Agreement

On March 9, 1999, Southwestern Bell Telephone Company and Valu-Line of Longview, Inc., collectively referred to as applicants, filed a joint application for approval of an amendment to an existing interconnection agreement under §252(i) of the federal Telecommunications Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered sections of 15 and 47 United States Code) (FTA) and the Public Utility Regulatory Act, Texas Utilities Code Annotated §§11.001-63.063 (Vernon 1998) (PURA). The joint application has been designated Docket Number 20611. 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 20611. 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 April 9, 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, PO 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 20611.

TRD-9901719

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: March 22, 1999


On March 11, 1999, Southwestern Bell Telephone Company and Teleport Communications Houston, Inc. and TCG Dallas (collectively, TCG), collectively referred to as applicants, filed a joint application for approval of amendments 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 20621. 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 amendments 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 20621. 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 April 11, 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, PO 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 20621.

TRD-9901720

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: March 22, 1999


On March 19, 1999, Southwestern Bell Telephone Company and BasicPhone, Inc., collectively referred to as applicants, filed a joint application for approval of an amendment to an existing interconnection agreement under §252(i) of the federal Telecommunications Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered sections of 15 and 47 United States Code) (FTA) and the Public Utility Regulatory Act, Texas Utilities Code Annotated §§11.001-63.063 (Vernon 1998) (PURA). The joint application has been designated Docket Number 20642. 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 20642. 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 April 19, 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, PO 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 20642.

TRD-9901757

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: March 24, 1999


On March 19, 1999, Southwestern Bell Telephone Company and Teligent, Inc., collectively referred to as applicants, filed a joint application for approval of an amendment to an existing interconnection agreement under §252(i) of the federal Telecommunications Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered sections of 15 and 47 United States Code) (FTA) and the Public Utility Regulatory Act, Texas Utilities Code Annotated §§11.001-63.063 (Vernon 1998) (PURA). The joint application has been designated Docket Number 20644. 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 20644. 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 April 19, 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, PO 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 20644.

TRD-9901739

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: March 23, 1999


On March 19, 1999, Southwestern Bell Telephone Company and Navigator Telecommunications, L.L.C., collectively referred to as applicants, filed a joint application for approval of an amendment to an existing interconnection agreement under §252(i) of the federal Telecommunications Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered sections of 15 and 47 United States Code) (FTA) and the Public Utility Regulatory Act, Texas Utilities Code Annotated §§11.001-63.063 (Vernon 1998) (PURA). The joint application has been designated Docket Number 20645. 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 20645. 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 April 19, 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, PO 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 20645.

TRD-9901738

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: March 23, 1999


Public Notices of Interconnection Agreement

On March 9, 1999, Southwestern Bell Telephone Company and Comm South Companies, Inc., collectively referred to as applicants, filed a joint application for approval of an interconnection agreement under the federal Telecommunications Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered sections of 15 and 47 United States Code) (FTA) and the Public Utility Regulatory Act, Texas Utilities Code Annotated §§11.001-63.063 (Vernon 1998) (PURA). The joint application has been designated Docket Number 20609. The joint application and the underlying interconnection agreement are available for public inspection at the commission's offices in Austin, Texas.

The FTA authorizes the commission to review and approve any interconnection agreement adopted by negotiation of the parties. Pursuant to FTA §252(e)(2) the commission may reject any agreement if it finds that the agreement discriminates against a telecommunications carrier not a party to the agreement, or that implementation of the agreement, or any portion thereof, is not consistent with the public interest, convenience, and necessity. Additionally, under FTA §252(e)(3), the commission may establish or enforce other requirements of state law in its review of the agreement, including requiring compliance with intrastate telecommunications service quality standards or requirements. The commission must act to approve the agreement within 90 days after it is submitted by the parties. The parties have requested expedited review of this application.

The commission finds that additional public comment should be allowed before the commission issues a final decision approving or rejecting the interconnection agreement. Any interested person may file written comments on the joint application by filing 13 copies of the comments with the commission's filing clerk. Additionally, a copy of the comments should be served on each of the applicants. The comments should specifically refer to Docket Number 20609. 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 April 23, 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 determine whether to conduct further proceedings concerning the joint application. The commission shall have the authority given to a presiding officer pursuant to P.U.C. Procedural Rule §22.202. The commission may identify issues raised by the joint application and comments and establish a schedule for addressing those issues, including the submission of evidence by the applicants, if necessary, and briefing and oral argument. The commission may conduct a public hearing. Interested persons who file comments are not entitled to participate as intervenors in the public hearing.

Persons with questions about this docket or who wish to comment on the application should contact the Public Utility Commission of Texas, 1701 North Congress Avenue, PO 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 20609.

TRD-9901718

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: March 22, 1999


On March 31, 1999, Sage Telecom, Inc. (SAGE ) and American Local Telecommunications, L.L.C. d/b/a ALT Communications, L.L.C. (ALT) are scheduled to file substitution pages for their interconnection agreements with Southwestern Bell Telephone Company (SWBT) under the federal Telecommunications Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered sections of 15 and 47 United States Code)(FTA) and the Public Utility Regulatory Act, Texas Utilities Code Annotated §§11.001-63.063 (Vernon 1998)(PURA). The substitution pages for their interconnection agreements are to be filed pursuant to the arbitration award in Complaint of Sage Telecom, Inc. and American Local Telecommunications. L.L.C. Against Southwestern Bell Telephone Company in Docket Number 20025 and in Petition of American Local Telecommunications, L.L.C. d/b/a ALT Communications, L.L.C. (ALT) Against Southwestern Bell Telephone Company in Docket Number 20170. The petition, complaint, interconnection agreements being amended and the substitution pages for the interconnection agreements will be available for public inspection at the commission's offices in Austin, Texas.

The FTA authorizes the commission to review and approve any interconnection agreement that is a result of arbitration. Pursuant to FTA §252(e)(2) the commission may reject any agreement resulting from an arbitration award if it finds that the agreement does not meet the requirements of §251, including the regulations prescribed by the commission pursuant to FTA §251, or the standards set forth in FTA §252(d). Additionally, under FTA §252(e)(3), the commission may establish or enforce other requirements of state law in its review of the agreement, including requiring compliance with intrastate telecommunications service quality standards or requirements. The commission must act to approve the amendments to the agreement within 35 days after it is submitted by the parties.

Pursuant to the procedural rules of the commission, public comment is allowed before the commission issues a final decision approving or rejecting the interconnection agreements. Any interested person may file written comments regarding the agreements by filing 13 copies of the comments with the commission's filing clerk. Additionally, a copy of the comments should be served on SAGE, ALT and SWBT. The comments should specifically refer to Docket Numbers 20025 and 20170. Such comments shall be limited to whether the agreements meet the requirements of FTA and relevant portions of state law. The comments shall be filed by April 20, 1999. If the comments request rejection or modification of the agreements, the interested person must provide the following information:

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

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

a) does not meet the requirements of FTA §251, including any Federal Communications Commission regulation implementing FTA §251; or

b) is not consistent with the standards established in FTA §252(d); or

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

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

After reviewing any comments, the commission will determine whether to conduct further proceedings concerning the agreements. The commission shall have the authority given to a presiding officer pursuant to P.U.C. Procedural Rule §22.202.

Persons with questions about these dockets or who wish to comment on the applications should contact the Public Utility Commission of Texas, 1701 North Congress Avenue, PO 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 Numbers 20025 and 20170.

TRD-9901737

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: March 23, 1999


Public Notice of Workshop Concerning a Permanent Industry Wide Solution for the Exchange of Billing Records

The staff of the Public Utility Commission of Texas plans to hold a second workshop on Tuesday, April 20, 1999 at 10:00 a.m. in the commission offices on Project Number 20537, regarding a permanent industry wide solution for the exchange of billing records between competitive local exchange companies (CLECs) and incumbent local exchange companies (ILECs) for calls involving the use of unbundled network elements (UNEs) or ported numbers. In order for the commission to develop a workable industry wide solution, the participation of both ILECs and CLECs operating in Texas is critical. This project is in response to the follow- up to Commission Recommendation Number 2 under Checklist Item Number 13 in Southwestern Bell Telephone Company's (SWBT's) §271 proceeding (Docket Number 16251). A list of issues and questions to be discussed during the workshop will be available at the commission offices on April 6, 1999. Staff requests that comments on these issues and questions be filed with the commission by 3:00 p.m. on April 13, 1999.

The workshop will be held from 10:00 a.m. to 5:00 p.m. in the Commissioner's Hearing Room on the seventh floor of the William B. Travis Building at 1701 North Congress Avenue, Austin, Texas 78701. The project has been assigned Project Number 20537.

Persons who plan to attend the April 20, 1999 workshop should register with Jennifer Luckey at (512) 936-7349. If there are any questions, please contact Meena Thomas at (512) 936-7344, Anne McKibbin at (512) 936-7390, or Stephen Mendoza at (512) 936-7394.

TRD-9901730

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: March 23, 1999


Texas Water Development Board

Applications Received

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

Walnut Creek Special Utility District, 1155 Highway 199 West, Springtown, Texas, 76082, received March 1, 1999, application for financial assistance in the amount of $9,600,000 from the Texas Water Development Funds.

Beechwood Water Supply Corporation, HC 52, Box 763, Hemphill, Texas, 75948, received March 1, 1999, application for financial assistance in the amount of $1,565,000 from the Texas Water Development Funds.

Roman Forest Consolidated Municipal Utility District, P.O. Box 1743, New Caney, Texas, 77357, received February 26, 1999, application for financial assistance in the amount of $2,705,000 from the Texas Water Development Funds.

City of Victoria, 105 West Juan Linn, Victoria, Texas, 77902, received March 1, 1999, application for financial assistance in the amount of $25,580,000 from the Clean Water State Revolving Fund.

Chisholm Trail Special Utility District, P.O. Box 249, Florence, Texas, 76527, received March 1, 1999, application for financial assistance in the amount of $1,670,000 from the Texas Water Development Fund.

Lower Valley Water District, 10005 Alameda, Suite P, El Paso, Texas, 79927, received March 5, 1999, application for grant assistance in the amount of $2,000,000 from the Economically Distressed Areas Program.

Brownsville Public Utilities Board, 1425 Robinhood Drive, Brownsville, Texas, 78520-3270, received February 25, 1999, application for grant assistance in the amount of $115,200 from the Research and Planning Fund.

Gulf Coast Water Authority, 3630 Highway 1765, Texas City, Texas, 77591-1651, received February 25, 1999, application for grant assistance in the amount of $87,500 from the Research and Planning Fund.

Brazos River Authority, P.O. Box 7555, Waco, Texas, 76714-7555, received February 25, 1999, application for grant assistance in the amount of $121,250 from the Research and Planning Fund.

Trinity River Authority of Texas, P.O. Box 1554, Huntsville, Texas, 77342-1554, received February 25, 1999, application for grant assistance in the amount of $20,000 from the Research and Planning Fund.

North Richland Hills, 7301 N.E. Loop 820, North Richland Hills, Texas, 76180, received February 8, 1999, application for grant assistance in the amount of $30,000 from the Research and Planning Fund.

City of Whitehouse, P.O. Box 776, Whitehouse, Texas, 75791-0776, received February 25, 1999, application for grant assistance in the amount of $60,327 from the Research and Planning Fund.

Three Rivers Water District, P.O. Box 398, Three Rivers, Texas, 78071, received February 25, 1999, application for grant assistance in the amount of $50,000 from the Research and Planning Fund.

Greater Texoma Utility Authority, 5100 Airport Drive, Denison, Texas, 75020, received February 25, 1999, application for grant assistance in the amount of $54,175 from the Research and Planning Fund.

Additional information concerning this matter may be obtained from Craig D. Pedersen, Executive Administrator, P.O. Box 13231, Austin, Texas, 78711.

TRD-9901755

Gail L. Allan

Director of Project-Related Legal Services

Texas Water Development Board

Filed: March 24, 1999


West Central Texas Workforce Development Board

Public Notice

The West Central Texas Workforce Development Board (WCTWDB) Abilene, Texas, is issuing a Request for Proposal (RFP) for solicitation of bidders to manage and operate the Child Care service delivery system.

The WCTWDB is appointed by local elected officials to plan and oversee operation of the public workforce system, including child care resources in the West Central Texas 19 county area.

The purpose of Child Care Program Operation is to offer child care to eligible families and to improve the quality, availability and affordability of child care in Texas. This proposal will address delivery and payment for child care services to be provided in the WCTWDB Service Delivery Area which includes the following counties: Brown, Callahan, Coleman, Comanche, Eastland, Fisher, Haskell, Jones, Kent, Knox, Mitchell, Nolan, Runnels, Scurry, Shackelford, Stephens, Stonewall, Taylor and Throckmorton.

Public and private service providers, or other interested parties may obtain a RFP by contacting the West Central Texas Workforce Development Board, PO Box 3195, Abilene, Texas 79604, Attn: Karen Spaar, or by calling (915) 672-8544.

A bidders conference will be held April 6, 1999 at 10:00 AM in the large conference room at the offices of West Central Texas Council of Governments, 1025 EN 10th., Abilene, Texas 79601. Attendance at the bidders conference is not required but is recommended. Proposers unable to attend the bidders conference may submit written questions, via mail or fax, no later than 5:00 PM, April, 1, 1999 to the following address West Central Texas Workforce Development Board, P.O. Box 3195, Abilene, Texas, 79604, Fax (915) 675-5214.

Deadline: Proposals must be received in the WCTWDB offices by 5:00 PM, May 5, 1999 to be considered. Proposals received at the WCTWDB offices after the deadline will not be accepted. There will be no exceptions. Proposals may be mailed to the above address or hand delivered to the WCTWDB offices Monday through Friday, 8:30 AM to 12:00 Noon and 1:00 PM to 5:00 PM at 1025 EN 10th. Abilene, Texas 79601. The WCTWDB will not accept proposals transmitted by facsimile (Fax).

TRD-9901661

Mary Ross

Executive Director

West Central Texas Workforce Development Board

Filed: March 18, 1999


Texas Workers' Compensation Commission

Invitation to Applicants for Appointment to the Medical Advisory Committee

The Texas Workers' Compensation Commission invites all qualified individuals and representatives of public health care facilities and other entities to apply for openings on the Medical Advisory Committee in accordance with the eligibility requirements of the new 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 16 primary and 16 alternate members representing health care providers, employees, employers and the public.

The purpose and tasks of the Medical Advisory Commission 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 openings include:

Primary Members

Doctor of Medicine Public Health Care Facility

Alternate Members

Public Health Care Facility Dentist Employee Representative

For an application, call Juanita Salinas at 512-707-5888 or Ruth Richardson at 512-440-3518.

TRD-9901759

Susan Cory

General Counsel

Texas Workers' Compensation Commission

Filed: March 24, 1999