Texas Commission on Alcohol and Drug Abuse
Notice of Intent to Fund
Under the authority of the Texas Health and Safety Code, Title 6, Subtitle
B, Chapter 461, the Texas Commission on Alcohol and Drug Abuse (TCADA) is
seeking proposals from organizations to provide comprehensive community-based
prevention and intervention services for medically-indigent individuals. In
addition, TCADA seeks to implement a balanced array of services as outlined
in the Continuum of Care Model of the 1998 Statewide Service Delivery Plan.
The plan and the rules are available on TCADA's website at http://www.tcada.state.tx.us.
To request a hard copy of the plan or rules, please call the Services Procurement
Department at (800) 832-9623, extension 6786 or (512) 349-6786.
One goal of this quarterly funding process is to advance toward the goal
established in the 1999 Comprehensive Services RFP of equalizing the funding
allocation between substance abuse prevention, intervention and treatment;
therefore, substance abuse prevention and/or intervention funds are reserved
for Health and Human Services Commission (HHSC) region 2 only. A second goal
is to develop community coalitions in region 10 to reduce substance abuse
among youth.
TCADA has applications from Turning Point - North Texas Council on Substance
Abuse, region 2a, for a 12-month amount of $94,846 and Consortium on a Substance
Free Environment, region 10 for a 12-month amount of $150,000. If TCADA receives
no better applications, TCADA intends to fund Turning Point and the Consortium
on a Substance Free Environment.
Available services and funds for competition: there is approximately $244,846
through this quarterly funding process. The amount of funding is subject to
change. Federal categorical programs are exempt from competition.
Contract period: the initial contract period of proposals selected through
this quarterly funding process will be June 1, 1999 through August 31, 1999.
Application process and criteria: application kits are available on TCADA's
website at http://www.tcada.state.tx.us. To request a hard copy of any application
kit, call the Services Procurement Department at (800) 832-9623, extension
6786 or (512) 349-6786. Applicants interested in applying for funding should
mail an application to: Texas Commission on Alcohol and Drug Abuse, Services
Procurement Department, PO Box 80529, Austin, Texas 78708-0529 or deliver
an application to TCADA, Services Procurement Department, 9001 North IH-35,
Suite 105, Austin, Texas 78753. Application criteria for funding will be listed
in the application kits. Faxed documents will not be accepted. If there are
any questions, please contact the Services Procurement Department at (800)
832-9623, extension 6786 or (512) 349-6786. TCADA's application criteria for
funding will be listed in the application kits.
Due date: TCADA must receive applications from interested organizations
by 5:00 p.m. on May 14, 1999.
TRD-9901942
Mark S. Smock
Deputy for Finance and Administration
Texas Commission on Alcohol and Drug Abuse
Filed: March 31, 1999
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.005 and 1D.009, Title 79, Revised Civil Statutes of Texas, as amended (Articles
5069-1D.003, 1D.005, and 1D.009, Vernon's Texas Civil Statutes).
The weekly ceiling as prescribed by Art. 1D.003 and 1D.009 for the period
of 04/05/99 - 04/11/99 is 18% for Consumer
1
/Agricultural/Commercial
The weekly ceiling as prescribed by Art. 1D.003 and 1D.009 for the period
of 04/05/99 - 04/11/99 is 18% for Commercial over $250,000.
The monthly ceiling as prescribed by Art. 1D.005 and 1D.009
3
for the period of 04/01/99 - 04/30/99 is 18% for Consumer/Agricultural/Commercial/credit
thru $250,000.
The monthly ceiling as prescribed by Art. 1D.005 and 1D.009 for the period
of 04/01/99 - 04/30/99 is 18% for Commercial over $250,000.
1
Credit for personal, family or household
use.
2
Credit for business, commercial, investment
or other similar purpose.
3
For variable rate commercial transactions
only.
TRD-9901928
Leslie L. Pettijohn
Commissioner
Office of Consumer Credit Commissioner
Filed: March 31, 1999
Request for Applications to Develop and Implement a Regional Monitoring Program
Notice of Request for Applications:
The Criminal
Justice Division in the Office of the Governor is soliciting applications
for a grant to develop and implement a regional monitoring program. The grantee
will work with Criminal Justice Division to develop a new grant monitoring
system for the division and to implement a regional monitoring program for
approximately 1,000 local grants within seven monitoring regions in Texas.
Eligible Applicants:
Eligible to apply are
regional councils of governments, universities, colleges, or businesses with
experience in operating, monitoring, evaluating, or providing technical assistance
to criminal justice, juvenile justice, or victims-related programs. Additionally,
the applicant must be able to document experience with strategic planning,
quality assurances, or business practices. Applicant must also be able to
document that it can provide adequate personnel resources of at least eight
full-time equivalents.
Grant Requirements:
The grantee will be expected
to begin the preparatory phase of the grant no later than June 1, 1999 and
the implementation phase no later than August 1, 1999. The grantee will establish
one full-time statewide coordinator and seven full-time regional monitor positions
in each of seven regions in the state. Each of these positions must have at
least a bachelor's degree and some experience in a justice-related program
or as a program evaluator. The statewide coordinator will act as a liaison
to the Criminal Justice Division and will coordinate activities for the grant
and supervise the regional monitors. Each regional monitor will be responsible
for monitoring approximately 150 grants in their region. The seven monitoring
regions will be based on the boundaries of the state's 24 regional councils
of governments (COGs). Each regional monitor will have an average of four
COG regions within their monitoring region. A map of the seven monitoring
regions is available in the application kit.
Coordination with the Regional Councils of Governments.
The provider must also establish and maintain relationships with the
criminal justice planners at the regional councils of governments. Included
in this relationship must be monthly meetings or conference calls to communicate
about monitoring visits and grantee issues. The dialogue between the two parties
should be frequent and ongoing.
Risk Assessment.
The Criminal Justice Division
will conduct an annual risk assessment of each grantee that uses four factors
to determine a risk level for each grantee. Within each of the seven monitoring
regions all grants will be placed into three risk levels.
Approximately 25% of the grants in a monitoring region will be designated
as Level 1 requiring a two-day on-site visit each year to monitor both the
financial and program aspects of the grant and a review of the grantee's expenditures,
audits, and progress reports.
Approximately 50% of the grants in a monitoring region will be designated
as Level 2 requiring a half-day visit each year to monitor both the financial
and program aspects of the grant and a review of the grantee's expenditures,
audits, and progress reports.
Approximately 25% of the grants in a monitoring region will be designated
as Level 3 requiring a one telephone consultation and a desk review of grantee
expenditures, audits, and progress reports.
Additionally, there will be times when grantees must have an on-site visit
regardless of their risk assessment score. When a special request to monitor
a project has been made by the Criminal Justice Division, then the regional
monitor must conduct an on-site visit within 60 days or 14 days of the request
depending on the nature and importance of the request.
Program Philosophy.
The monitoring program
developed by CJD and the provider will include a balanced approach that not
only ensures fiscal responsibility but also focuses on program aspects and
provides needed assistance to grantees. The standards of this program will
include a review of the facility structure and environment, program management,
program safety, staff development and training, program performance, and financial
management.
Training.
The provider must coordinate
with the Criminal Justice Division to develop a 40-hour core-training curriculum
for monitors. This program will provide guidance for both the regional monitors
and the division's monitors regarding monitoring procedures, interviewing
techniques, state and federal regulations, fiscal management, philosophy regarding
the role of monitors, and the overall monitoring program. Each of the seven
regional monitors and other key staff members of the provider must attend
this training prior to beginning their monitoring duties.
Applications:
The budget and narrative of
applications may be no longer than 10 pages. Applicants may, however, attach
appendices that support the budget or narrative. Applications will be judged
as explained under Selection Process according to the point levels provided
in each of the following components required in the applications. Applications
must be submitted using the following outline.
Budget Summary (10 points).
Applications
must be based on a budget of no more than $1,250,000 for two months of preparatory
time and 24 months of operation of the monitoring program. It must include
a summary of budget estimations for travel, equipment, and personnel costs
that demonstrate cost effectiveness and an ability to meet the requirements
of this request for applications within the allowed budget of $1,250,000.
Temporary office space will be provided in regional councils of governments
when monitors travel, however, if the applicant will require permanent office
space, such costs should be included in the budget. Additionally, because
the regional monitors will travel extensively, adequate costs for wireless
communications and portable equipment must be included in the application.
Statement of Experience (60 points).
Applications
must document the experience of the applicant in operating, monitoring, evaluating,
or providing technical assistance to criminal justice, juvenile justice, or
victims-related programs. Additionally, the applicant must be able to document
experience with strategic planning, quality assurances, or business practices.
This statement must also include a demonstration of the applicant's experience
in effectively administering grants of this size and a list of references.
Implementation Plan (30 points).
Based
on the requirements of this request for applications, applicants must outline
a timeline and plan for selecting the regional monitors, including the qualifications
and experience of monitors. These requirements for monitors must use the minimum
requirements outlined above under the grant requirements, but should be outlined
based on the maximum amount of education and experience possible within the
budget constraints. This plan must also include the training to be provided
to monitors in addition to the required training outlined above.
Contact:
Parties interested in submitting
an application should contact Camille Cain, Criminal Justice Division, Office
of the Governor, Post Office Box 12428, Austin, Texas 78711, (512) 463-1789
to obtain an application kit or additional information.
Closing Date:
Applications may be mailed
to Criminal Justice Division, Office of the Governor, Post Office Box 12428.
Deliveries and overnight mail may be sent to 1100 San Jacinto, Suite 2.232.
All applications must be postmarked by or received no later than May 1, 1999.
Award Procedure:
To be compliant, applications
must meet the minimum requirements of this request for applications. All compliant
applications will be subject to evaluation by a committee appointed by the
executive director of the Criminal Justice Division, which will assign a point
score to each component of the application based on the criteria listed above.
Points will be assigned based on the documented ability to carry out this
program in an effective, timely, and cost effective manner. The decision of
this committee will be final. At any time during this process, an applicant
may be asked to clarify their application, which may include telephone inquiries,
revisions to the application, or a verbal presentation at the Criminal Justice
Division.
The Office of the Governor reserves the right
to accept or reject any or all applications submitted. The Office of the Governor
is under no legal or other obligation to execute a grant on the basis of this
notice or the distribution of any other information. Additionally, the Office
of the Governor is not obligated to and will not pay for any costs incurred
prior to the execution of a grant.
TRD-9901766
James Hines
Assistant General Counsel
Office of the Governor-Criminal Justice Division
Filed: March 24, 1999
Request For Applications
The Criminal Justice Division of the Governor's Office is soliciting applications
for projects to provide residential substance abuse treatment to adults and
juveniles incarcerated or confined in detention and/or correctional facilities.
PURPOSE
The purpose of the RSAT program is to treat chronic substance abusers who
are incarcerated or confined in adult and juvenile detention and/or correctional
facilities.
GOAL
The goal of the RSAT program is to break the cycle of drug and alcohol
dependency that leads to further crimes and recidivism by providing funds
to projects that provide direct substance abuse treatment to incarcerated
or confined offenders.
ELIGIBLE APPLICANTS
Eligible applicants are: (1) state agencies and counties operating residential
detention and/or correctional facilities and; (2) community supervision and
corrections departments (CSCDs) operating community corrections facilities,
as defined in §509.001, Government Code. Applicants who receive grants
may provide services directly in correctional facilities that they operate
or they may contract with qualified service providers who meet all licensing
and certification requirements.
COORDINATION
Grant applications must describe how the project will be coordinated with
programs administered by the Texas Commission on Alcohol and Drug Abuse, programs
funded under the Substance Abuse Prevention and Treatment Block Grant Program
administered by the U.S. Department of Health and Human Services' Substance
Abuse and Mental Health Services Administration, and other substance abuse
treatment programs available to the applicant.
GRANT FUNDING
The total amount of RSAT funds available in this RFA is $9.2 million ($5.8
million in FY99 funds and $3.4 million in FY98 funds). CJD intends to fund
several projects under this initiative. While there is no maximum amount that
may be applied for, applicants should be aware that cost-effectiveness will
be taken into consideration in the selection process. Small jurisdictions
are encouraged to apply as well as large ones. State agencies are encouraged
to apply as well. Regional approaches are encouraged for projects serving
two or more counties. In selecting applications for grant award, CJD will
seek a balance of funding between adult/juvenile populations, state agencies/local
agencies, and urban/rural areas subject to quality of applications received
and results of competitive scoring.
MATCHING FUNDS
Grantees must provide a cash match of 25% of the total project costs. No
in-kind match is allowed. Costs for the Aftercare Phase cannot be used to
meet the match requirements.
GRANT PERIOD
Grant-funded projects must begin on or after September 1, 1999. Grants
shall be awarded for a project period of 12 months. However, grant applicants
are required to submit a two-year budget with the CJD grant application. Currently
awarded grantees that submitted two-year budgets under the FY98 RFA and who
are going into Year B of their RSAT project, do not have to resubmit an application
under the FY99 RFA. However, Year B funding is not guaranteed. CJD review
and approval must still occur before funds are awarded to current grantees.
CJD will notify these current grantees regarding Year B funding and revisions
to their grant project.
PROGRAM DESIGN
Applications must include both of the following phases of treatment.
Residential Phase (6-12 months)
- Offenders
must participate in the program for no less than six months and no greater
than 12 months. Eligible participants are those offenders with no less than
six months and no greater than 12 months remaining on their term of incarceration
or confinement. Individual and group treatment activities must be provided
in residential treatment facilities that are set apart from the general correctional
population. Set apart means a totally separate facility or a dedicated housing
unit within the facility. Treatment must focus on the substance abuse problems
of the offender and on developing cognitive, behavioral, social, vocational,
and other skills to solve the substance abuse and related problems.
Aftercare Phase
- Following release, offenders
who participated in the residential phase of treatment must participate in
an aftercare phase lasting no less than six months. Aftercare services must
involve coordination with education, job training, parole services, halfway
houses, and self-help and peer group programs. An individual treatment plan
must be developed for each offender that includes placement of program participants
in appropriate community substance abuse treatment, when the term of incarceration
or confinement is completed.
RSAT funding can only be used to fund the Residential Phase of the program.
It cannot be used to fund the Aftercare Phase of the program.
DRUG TESTING
Drug testing is mandatory in both phases of treatment. Grant applications
must contain a description of law or policy requiring substance abuse testing
of individuals in correctional residential substance abuse treatment programs.
Grant applications must also state the number of individuals who were tested
during the year preceding the project. Grant funds may be used to pay the
costs of testing offenders while in the Residential Phase of a grant-supported
program only.
EVALUATION
Project status will be evaluated through the grantee's submission of a
semi-annual progress report, due 20 days after the first six-months of the
project, and an annual progress report, due 20 days after the project end
date. These progress reports must describe activities carried out with grant
funds, criteria used to assign offenders to programs, and the impact of activities
on meeting the goals and objectives of the program. Projects must also report
the number of substance abuse beds available at the end of the year preceding
the grant and at the end of the grant year. Additionally, programs must report
the number of offenders treated during the year preceding the grant and during
the grant year.
Projects must agree to participate in a national evaluation conducted by
the National Institute of Justice.
REPORTS
Grantees must submit to CJD semi-annual and annual progress reports (as
required above), quarterly financial expenditure reports, and individual project
reports (IPRs). CJD will supply the necessary forms and instructions following
grant award. Failure to submit reports on time will result in a financial
hold being placed on grant funds until the delinquent reports are submitted.
NON-SUPPLANTING REQUIREMENT
Grant funds must be used to initiate new treatment programs or to expand
existing ones. Federal funds shall not be used to supplant or replace state
or local funds.
NON-ALLOWABLE PROJECT COSTS
Grantees cannot charge project costs, such as parking expenses to the RSAT
project, unless this benefit is being provided to all non-RSAT funded personnel.
Employee training that is required in order to stay licensed and that is
required to practice in the field of expertise, cannot be charged to the RSAT
project; unless this benefit is being provided to all non-RSAT funded personnel.
Grantees cannot charge project costs such as food expenses to the RSAT
project.
If an expense is not allowable for RSAT funding, it cannot also be used
to meet the cash match requirement.
CONSTRUCTION PROJECTS
Grant funds may not be used for land acquisition or construction costs.
CONTINUATION FUNDING POLICY
An annual Request For Applications (RFA) may be issued, depending upon
availability of federal funds. There is currently no limit on total years
of funding. A decreasing fund ratio, that requires a gradual reduction in
the amount of available funds for a given project, does not currently apply
to these funds.
APPLICATIONS INFORMATION
For application information, CJD may be contacted by phone at (512) 463-1786.
Application kits may be obtained from CJD at the following address:
Office of the Governor-Criminal Justice Division, Attn: Justice Programs,
P.O. Box 12428, Austin, Texas 78711.
SUBMISSION DEADLINE
Applications must be received at the Governor's Criminal Justice Division
no later than 5 p.m. on Monday, May 31, 1999. Submit an original application
and two copies of the application to the following address:
Office of the Governor-Office of Budget and Planning, Attn: Tom Adams,
P.O. Box 12428, Austin, Texas 78711.
TEXAS REVIEW AND COMMENT SYSTEM (TRACS)
Applicants for local projects must submit a copy of the grant application
to their respective regional council of governments (COGs). Applicants are
responsible for submitting TRACS review comments received from the regional
COG to CJD. Applicants for statewide projects must submit a copy of the grant
application for TRACS review to the following address:
Office of the Governor— Office of Budget and Planning Attn: Tom Adams
P.O. Box 12428 Austin, Texas 78711
Applicants are responsible for submitting TRACS review comments received
from that agency to CJD.
SELECTION PROCESS
CJD staff will conduct an initial screening of applications to determine
eligibility. The executive director of CJD may appoint an internal review
team to score and rank applications. Team members will include CJD staff,
regional council representatives, and other persons with expertise in corrections
and substance abuse treatment.
FOR FURTHER INFORMATION
Please call Darryl Burgess at (512) 463-1786 for further information.
TRD-9901782
James Hines
Assistant General Counsel
Office of the Governor-Criminal Justice Division
Filed: March 26, 1999
Licensing Action for Radioactive Materials
The Texas Department of Health has taken actions regarding licenses for
the possession and use of radioactive materials as listed in the table below.
The subheading labeled “Location” indicates the city in which
the radioactive material may be possessed and/or used. The location listing “Throughout
Texas” indicates that the radioactive material may be used on a temporary
basis at job sites throughout the state.
[graphic]
[graphic]
[graphic]
In issuing new licenses and amending and renewing existing licenses, the
Texas Department of Health, Bureau of Radiation Control, has determined that
the applicants are qualified by reason of training and experience to use the
material in question for the purposes requested in accordance with
Texas Regulations for Control of Radiation
in such a manner as to minimize
danger to public health and safety or property and the environment; the applicants'
proposed equipment, facilities, and procedures are adequate to minimize danger
to public health and safety or property and the environment; the issuance
of the license(s) will not be inimical to the health and safety of the public
or the environment; and the applicants satisfy any applicable special requirements
in the
Texas Regulations for Control of Radiation.
This notice affords the opportunity for a hearing on written request of
a licensee, applicant, or “person affected” within 30 days of
the date of publication of this notice. A “person affected” is
defined as a person who is resident of a county, or a county adjacent to the
county, in which the radioactive materials are or will be located, including
any person who is doing business or who has a legal interest in land in the
county or adjacent county, and any local government in the county; and who
can demonstrate that he has suffered or will suffer actual injury or economic
damage due to emissions of radiation. A licensee, applicant, or “person
affected” may request a hearing by writing Richard A. Ratliff, P.E.,
Chief, Bureau of Radiation Control (Director, Radiation Control Program),
1100 West 49th Street, Austin, Texas 78756-3189.
Any request for a hearing must contain the name and address of the person
who considers himself affected by Agency action, identify the subject license,
specify the reasons why the person considers himself affected, and state the
relief sought. If the person is represented by an agent, the name and address
of the agent must be stated.
Copies of these documents and supporting materials are available for inspection
and copying at the office of the Bureau of Radiation Control, Texas Department
of Health, Exchange Building, 8407 Wall Street, Austin, Texas, from 8:00 a.m.
to 5:00 p.m. Monday-Friday (except holidays).
TRD-9901787
Susan K. Steeg
General Counsel
Texas Department of Health
Filed: March 26, 1999
Notice is hereby given that the Bureau of Radiation Control (bureau) ordered
Downtown Plaza Imaging Center (registrant M-00610) of Houston to cease and
desist performing mammographic examinations until all violations of Texas
radiation control regulations that were noted during a recent inspection have
been corrected. The bureau determined that failure to meet regulatory requirements
while performing mammography constitutes an immediate threat to public health
and safety, and the existence of an emergency. Poor image quality may result
in missed diagnosis of cancerous or pre-cancerous growths, or cause unnecessary
radiation exposure to patients due to retakes. The order will remain in effect
until the registrant has received authorization from the bureau to perform
mammography.
A copy of all relevant material is available for public inspection at the
Bureau of Radiation Control, Texas Department of Health, Exchange Building,
8407 Wall Street, Austin, Texas, Monday-Friday, 8:00 a.m. to 5:00 p.m. (except
holidays).
TRD-9901785
Susan K. Steeg
General Counsel
Texas Department of Health
Filed: March 26, 1999
INTRODUCTION
The Texas Department of Health (department), Women, Infants, and Children
(WIC) Program, announces a Request for Proposals (RFP) for a 14-month period
beginning August 1, 1999, and ending September 30, 2000. The grant is being
funded by the Texas WIC Program and administered by the Nutrition Training
Section of the Bureau of Nutrition Services. The RFP will be released on April
9, 1999.
PURPOSE
The purpose of the funding is to increase breastfeeding rates in a targeted
community by coordinating multiple intervention strategies. Intervention strategies
will include conducting a breastfeeding summit; conducting focus groups to
determine barriers and support for breastfeeding; encouraging and assisting
businesses to become mother friendly worksites; encouraging and assisting
hospitals to become a Texas ten step hospital and/or a baby friendly hospital;
assessing breastfeeding knowledge of health care providers and providing breastfeeding
training if needed; providing expanded peer counselor training to active peer
counselors; working with local radio, television, and newspapers to provide
breastfeeding messages, and evaluating each strategy to determine its effectiveness.
ELIGIBLE APPLICANTS
Eligible applicants include, but are not limited to individuals, nonprofit
community agencies, organizations, and task forces; governmental entities
(including city, county, and state); and institutions of higher learning with
experience in breastfeeding promotion.
AVAILABILITY OF FUNDS
Funds in the amount of $120,000 will be available for the project, through
the WIC Program.
PROJECT AND BUDGET PERIODS
The contract will be funded for 14 months beginning August 1, 1999, and
ending September 30, 2000.
GENERAL PURPOSE AND PROGRAM GOALS
Through a community-wide effort, the project is intended to encourage at
least 75% of mothers to breastfeed at hospital discharge, and 50% of mothers
to continue breastfeeding for at least six months postpartum.
REVIEW AND AWARD CRITERIA
Each application will first be screened for completeness and timeliness.
Proposals which are deemed incomplete or arrive after the deadline will not
be reviewed. Proposals will be reviewed by a team of reviewers and evaluated
according to the criteria and review process outlined in the RFP.
DEADLINE
Proposals prepared according to the instructions in the RFP package must
be received by the department by 5:00 p. m., Central Daylight Saving Time,
on May 28, 1999.
TO OBTAIN A COPY OF THE RFP
Requests for a copy of the RFP should be directed to Janet Rourke, Nutrition
Training Program Coordinator, Texas Department of Health, Bureau of Nutrition
Services, 1100 West 49th Street, Austin, Texas 78756; by email at janet.rourke@tdh.state.tx.us;
or by fax (512) 406-0722.
TRD-9901875
Susan K. Steeg
General Counsel
Texas Department of Health
Filed: March 30, 1999
The Texas Department of Health, having duly filed a complaint pursuant
to
Texas Regulations for Control of Radiation
,
Part 13 (25 Texas Administrative Code §289.112), has revoked the following
industrial radiographer identification card: Darrell Paul Thrash, Longview,
Texas Industrial Radiographer Identification Card audit number 09602, March
15, 1999.
A copy of all relevant material is available for public inspection at the
Bureau of Radiation Control, Texas Department of Health, Exchange Building,
8407 Wall Street, Austin, Texas, Monday-Friday, 8:00 a.m. to 5:00 p.m. (except
holidays).
TRD-9901786
Susan K. Steeg
General Counsel
Texas Department of Health
Filed: March 26, 1999
Correction of Error
The Texas Higher Education Coordinating Board adopted an amendment to 19
TAC §9.93. The rule appeared in the March 12, 1999 issue of the
Due to error by the Texas Register, on page 1772, the Proposal Publication
Date was published as “December 4, 1999”, instead of “December
4, 1998”
Notice of Administrative Hearing
Manufactured Housing Division
Wednesday, April 13, 1999, 1:00 p.m.
State Office of Administrative Hearing, Stephen F. Austin Building, 1700
N Congress, 11th Floor, Suite 1100
Austin, Texas
AGENDA
Administrative Hearing before an administrative law judge of the State
Office of Administrative Hearings in the matter of the Texas Department of
Housing and Community Affairs vs. Perty Falke dba Falke House Moving to hear
alleged violations of the Act, §§4(f) and 7(d) and the Rules §§
80.51 and 80.125(e) regarding obtaining, maintaining or possessing a valid
installer's license and violating the installation standards and compliance
standards revolving around the installation of a manufactured home. SOAH 332-99-0541.
Department MHD1997002087D.
Contact: Jerry Schroeder, P.O. Box 12489, Austin, Texas 78711-2489, (512)
475-3589.
TRD-9901927
Daisy Stiner
Executive Director
Texas Department of Housing and Community Affairs
Filed: March 30, 1999
Insurer Services
The following applications have been filed with the Texas Department of
Insurance and are under consideration:
Application to change the name of LUTHERAN BENEVOLENT INSURANCE EXCHANGE
to INSTANT AUTO INSURANCE COMPANY, a foreign fire and casualty company. The
home office is in Alma, Missouri.
Application to change the name of LEADER NATIONAL INSURANCE COMPANY to
LEADER INSURANCE COMPANY, a foreign fire and casualty company. The home office
is in Independence, Ohio.
Any objections must be filed with the Texas Department of Insurance, addressed
to the attention of Kathy Wilcox, 333 Guadalupe Street, M/C 305-2C, Austin,
Texas 78701.
TRD-9901773
Bernice Ross
Deputy Chief Clerk
Texas Department of Insurance
Filed: March 25, 1999
The following applications have been filed with the Texas Department of
Insurance and are under consideration:
Application for admission in Texas for U.S. AUTO INSURANCE COMPANY, a domestic
fire and casualty company. The home office is in Dallas, Texas.
Application for admission in Texas for TIAA-CREF LIFE INSURANCE COMPANY,
a foreign life company. The home office is in New York, New York.
Application to change the name of CATHOLIC LIFE INSURANCE UNION to CATHOLIC
LIFE INSURANCE, a domestic life company. The home office is in San Antonio,
Texas.
Any objections must be filed with the Texas Department of Insurance, addressed
to the attention of Kathy Wilcox, 333 Guadalupe Street, M/C 305-2C, Austin,
Texas 78701.
TRD-9901944
Bernice Ross
Deputy Chief Clerk
Texas Department of Insurance
Filed: March 31, 1999
The Commissioner of Insurance, or his designee, will consider approval
of a rate filing request submitted by Guidant Lloyds Insurance Company proposing
to use rates that are outside the flexibility band promulgated by the Commissioner
of Insurance pursuant to Texas Insurance Code Annotated Article 5.101, §3(g).
They are proposing rates ranging from +30% to 40% above the benchmark for
various coverage forms for private passenger 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-9901839
Bernice Ross
Deputy Chief Clerk
Texas Department of Insurance
Filed: March 29, 1999
The Commissioner of Insurance, or his designee, will consider approval
of a rate filing request submitted by Republic Lloyds 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
various rates ranging from benchmark to +73.30% above the benchmark by class,
coverage and territory for personal 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-9901936
Bernice Ross
Deputy Chief Clerk
Texas Department of Insurance
Filed: March 31, 1999
The Commissioner of Insurance, or his designee, will consider approval
of a rate filing request submitted by First National Insurance Company of
America proposing to use rates for commercial automobile insurance (including
private passenger automobile written on a commercial policy) 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
+15% above the benchmark for liability and physical damage and +20% above
the benchmark for UM/UIM for commercial automobile; and for private passenger
types written on a commercial policy, rates ranging from +15% above the benchmark
to +50% above the benchmark by coverage.
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-9901937
Bernice Ross
Deputy Chief Clerk
Texas Department of Insurance
Filed: March 31, 1999
The Commissioner of Insurance, or his designee, will consider approval
of a rate filing request submitted by First National Insurance Company of
America 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 +36% above the benchmark for BI,
+30% above the benchmark for PD, +50% above the benchmark for Med Pay, +40%
above the benchmark for PIP, +20% above the benchmark for UM, and +45% above
the benchmark for comprehensive and collision for personal 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-9901938
Bernice Ross
Deputy Chief Clerk
Texas Department of Insurance
Filed: March 31, 1999
The Commissioner of Insurance, or his designee, will consider approval
of a rate filing request submitted by The Connecticut Indemnity 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% below the benchmark for ambulances, -57.5% below
the benchmark for fire departments, and -20% below the benchmark for all others
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-9901939
Bernice Ross
Deputy Chief Clerk
Texas Department of Insurance
Filed: March 31, 1999
The following third party administrator (TPA) applications have been filed
with the Texas Department of Insurance and are under consideration.
Application for admission to Texas of AdminQuest, Inc., a foreign third
party administrator. The home office is Wilmington, Delaware.
Any objections must be filed within 20 days after this notice was filed
with the Secretary of State, addressed to the attention of Charles M. Waits,
MC 107-5A, 333 Guadalupe, Austin, Texas 78714-9104.
TRD-9901940
Bernice Ross
Deputy Chief Clerk
Texas Department of Insurance
Filed: March 31, 1999
The following third party administrator (TPA) applications have been filed
with the Texas Department of Insurance and are under consideration.
Application for incorporation in Texas of NPA Of Texas, Inc., a domestic
third party administrator. The home office is Irving, Texas.
Any objections must be filed within 20 days after this notice was filed
with the Secretary of State, addressed to the attention of Charles M. Waits,
MC 107-5A, 333 Guadalupe, Austin, Texas 78714-9104.
TRD-9901941
Bernice Ross
Deputy Chief Clerk
Texas Department of Insurance
Filed: March 31, 1999
Notice of Joint Public Hearing on the Reimbursement Rates for Intermediate Care Facilities for the Mentally Retarded (ICF/MR) Group Homes for the State-Operated Community Services Divisions of Amarillo and Laredo State Centers and Lakes Regional
The Health and Human Services Commission and the Texas Department of Mental
Health and Mental Retardation will conduct a joint public hearing to receive
public comment on the new reimbursement rates for intermediate care facilities
for the mentally retarded (ICF/MR)group homes for the state-operated community
services divisions of Amarillo and Laredo State Centers and Lakes Regional,
effective January 1, 1999, through December 31, 1999. The joint hearing will
be held in compliance with Title 1, Texas Administrative Code, Chapter 355,
Subchapter F, §355.702(h), which requires a public hearing on proposed
reimbursement rates for medical assistance programs.
The public hearing will be held on Tuesday, April 20, 1999, at 9:00 a.m.
in the auditorium of the TDMHMR Central Office building (Building 2) at 909
West 45th Street, Austin, Texas 78751.
Written comments may be submitted to Reimbursement and Analysis Section,
Medicaid Administration, Texas Department of Mental Health and Mental Retardation,
P.O. Box 12668, Austin, Texas 78711-2668, or faxed to (512)206-5693. Hand
deliveries will be accepted at 909 West 45th Street, Austin, Texas 78751.
Comments must be received by noon on Monday, March 22, 1999. Interested parties
may obtain a copy of the reimbursement briefing package by calling the Reimbursement
and Analysis Section at (512) 206-5753. The reimbursement briefing package
will be available 10 days prior to the hearing.
Persons requiring an interpreter for the deaf or hearing impaired or other
accommodation should contact Tom Wooldridge by calling (512) 206-5753 or the
TTY phone number of Texas Relay, which is 1-800-735-2988, at least 72 hours
prior to the hearing.
TRD-9901945
Charles Cooper
Chairman, Texas MHMR Board
Texas Department of Mental Health and Mental Retardation
Filed: March 31, 1999
Applications for Concentrated Animal Feeding Operation Registrations
The following Notices were issued between March 17 & March 23, 1999.
Written public comments may be submitted to the Office of the Chief Clerk,
at the address provided in the information section below, within 30 days of
the date of newspaper publication of the notice. The Executive Director will
consider all relevant information pertaining to whether the applicant meets
the requirements for the registration and will issue a written determination
as to any final action on the application for registration and a response
to all comments.
Written public comments should be submitted to the Office of the Chief
Clerk, MC 105, TNRCC, P.O. Box 13087, Austin, Texas 78711-3087. For additional
information about the application or the procedure for public participation
in the registration process, individual members of the general public may
contact the Office of Public Assistance, Toll Free, at 1-800-687-4040. General
information regarding the TNRCC can be found at our web site at www.tnrcc.state.tx.us.
Listed are the names of the applicants, the type of application (new permit,
amendment, or renewal), the registration number, the type of facility, and
the location of the facility.
DEAN PAUL, d.b.a. PAUL FARMS SITE #1, 2406 Sequoia, Perryton, Texas 79070;
New Registration Number 03875; The swine facility is located on an unnamed
county road approximately one mile west of Farm-to-Market Road 1267 and approximately
four miles north of the intersection of Farm-to-Market Road 1267 and State
Highway 15 in Ochiltree County, Texas. The off-site application area is located
north of State Highway 15 approximately 5.8 miles northeast of the intersection
of Farm-to-Market Road 1267 and State Highway 15, in Ochiltree County, Texas.
DEAN PAUL, d.b.a. PAUL FARMS SITE #2, 2406 Sequoia, Perryton, Texas 79070;
New Registration Number 03878; The swine facility is located on an unnamed
paved county road approximately 3.8 miles south of the community of Waka in
Ochiltree County, Texas.
TRD-9901886
LaDonna Castanuela
Chief Clerk
Texas Natural Resource Conservation Commission
Filed: March 30, 1999
The Texas Natural Resource Conservation Commission adopted amendments to
30 TAC §§117.101, 117.103, 117.105, 117.107, 117.109, 117.111, 117.113,
117.115, 117.117, 117.119 and 117.121. The rules appeared in the March 12,
1999, issue of the
Texas Register
(24 TexReg
1796).
Due to error by the Texas Natural Resource Conservation Commission, on
page 1798, §117.113(g)(1)(B), second sentence, and also on page 1805,
§117.213(h)(2)(A), the sentence was published as follows:
“The system shall be accurate to within ñ 5.0%.”
It should read as follows:
“The system shall be accurate to within ± 5.0%.”
An agreed order was entered regarding W SILVER, INCORPORATED, Docket Number
1998-0869-PWS-E; PWS Number 0710096; Enforcement ID Number 12689 on March
15, 1999 assessing $1,575.
Information concerning any aspect of this order may be obtained by contacting
Sandy VanCleave, Enforcement Coordinator at (512) 239-0667, Texas Natural
Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding DARRELL HALL DBA SHANNON ESTATES
SUBDIVISION, Docket Number 1997-1112-PWS-E; PWS Number 0930052; Enforcement
ID Number 11938 on March 15, 1999 assessing $3,740 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Sabelyn Pussman, Enforcement Coordinator at (512) 239-6061, Texas Natural
Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding CITY OF COTULLA, Docket Number 1998-0873-PWS-E;
PWS Number 1420001; Enforcement ID Number 12725 on March 15, 1999, assessing
$2,988 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Sandy VanCleave, Enforcement Coordinator at (512) 239-0667, Texas Natural
Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding CITY OF COMO, Docket Number 1998-0355-PWS-E;
1120012; Enforcement ID Number 8361 on March 15, 1999, assessing $1,725 in
administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Subhash Jain, Enforcement Coordinator at (512) 239-5867, Texas Natural Resource
Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding CITY OF MIDWAY, Docket Number 1996-1725-PWS-E;
PWS Number 1570003; Enforcement ID Number 6867 on March 15, 1999, assessing
$2,210 in administrative penalties with $663 deferred.
Information concerning any aspect of this order may be obtained by contacting
Terry Thompson, Enforcement Coordinator at (512) 239-6095, Texas Natural Resource
Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding BUDDY BURNETT DBA PONDEROSA MOBILE
HOME, Docket Number 1998-0492-PWS-E; PWS Number 1910044; Enforcement ID Number
12476 on March 15, 1999, assessing $2,344 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Subhash Jain, Enforcement Coordinator at (512) 239-5867, Texas Natural Resource
Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding PION
EER CONCRETE OF TEXAS,
Docket Number 1998-0678-AIR-E; Account Number 93-1908-V; Enforcement ID Number
12620 on March 15, 1999, assessing $2,500 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Sheila Smith, Enforcement Coordinator at (512),239-1670, Texas Natural Resource
Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding BOBBY LANHAM DBA AMERICAN MARBLE,
Docket Number 1998-1065-AIR-E; Account Number TA-3696-V; Enforcement ID Number
12900 on March 15, 1999 assessing $3,000 in administrative penalties with
$600 deferred.
Information concerning any aspect of this order may be obtained by contacting
Stacey Young, Enforcement Coordinator at (512),239-1899, Texas Natural Resource
Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding THE PAKS CORPORATION, Docket Number
1998-0896-AIR-E; Account Number KG-0003-S; Enforcement ID Number 10983 on
March 15, 1999 assessing $5,000 in administrative penalties with $1,000 deferred.
Information concerning any aspect of this order may be obtained by contacting
Stacey Young, Enforcement Coordinator at (512),239-1899, Texas Natural Resource
Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding RICK GACONETT DBA TRIPLE TTT SANDBLASTING,
Docket Number 1998-1267-AIR-E; Account Number PC-0231-I; Enforcement ID Number
11753 on March 15, 1999, assessing $2,500 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Stacey Young, Enforcement Coordinator at (512),239-1899, Texas Natural Resource
Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding CITY OF ALVARADO, Docket Number 1997-0912-MWD-E;
Permit Number 10567-001; Enforcement ID Number 8210 on March 15, 1999, assessing
$13,520 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Brian Lehmkuhle, Enforcement Coordinator at (512),239-4482, Texas Natural
Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding CITY OF MINERAL WELLS, Docket Number
1998-0123-MWD-E; Permit Number 10585-003; Enforcement ID Number 8235 on March
15, 1999, assessing $9,375 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Merrilee Gerberding, Enforcement Coordinator at (512) 239-4490, Texas Natural
Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding NORTH FOREST MUNICIPAL UTILITY DISTRICT,
Docket Number 1998-0866-MWD-E; Permit Number 10905-01; Enforcement ID Number
8913 on March 15, 1999, assessing $2,500 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Brian Lehmkuhle, Enforcement Coordinator at (512) 239-4482, Texas Natural
Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding BENNIE MELTON, Docket Number 1997-0720-OSI-E;
No OSSF Installer Certificate of Registration; Enforcement ID Number 11986
on March 15, 1999 assessing $1,250 in administrative penalties with $250 deferred.
Information concerning any aspect of this order may be obtained by contacting
Brian Lehmkuhle, Enforcement Coordinator at (512) 239-4482, Texas Natural
Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding JUAN ANTONIO RODRIGUEZ, Docket Number
1997-0470-OSI-E; No OSSF Installer Certificate of Registration; Enforcement
ID Number 11987 on March 15, 1999 assessing $1,250 in administrative penalties
with $250 deferred.
Information concerning any aspect of this order may be obtained by contacting
Brian Lehmkuhle, Enforcement Coordinator at (512) 239-4482, Texas Natural
Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding JAMES HIGGINS & JOHN HIGGINS
DBA BULLDOG ENVIRONMENTAL, Docket Number 1998-0149-MSW-E; Permit Number 12130
on March 15, 1999 assessing $5,000 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
William Puplampu, Staff Attorney at (512) 239-0677 or Craig Fleming, Enforcement
Coordinator at (409)898-3838, Texas Natural Resource Conservation Commission,
P.O. Box 13087, Austin, Texas 78711-3087.
TRD-9901882
LaDonna Castanuela
Chief Clerk
Texas Natural Resource Conservation Commission
Filed: March 30, 1999
Attached are Notices of Applications issued during the period of January
28, 1998 thru March 29, 1998.
The Executive Director will issue these permits unless one or more persons
file written protests and/or a request for a hearing within 45 days (unless
otherwise noted) after newspaper publication of the notice.
To request a hearing, you must submit the following: (1) your name (or
for a group or association, an official representative), mailing address,
daytime phone number, and fax number, if any; (2) the name of the applicant
and the permit number; (3) the statement "I/we request a public hearing;"
(4) a brief description of how you would be adversely affected by the granting
of the application in a way not common to the general public; (5) the location
of your property relative to the applicant's operations; and (6) your proposed
adjustments to the application/permit which would satisfy your concerns and
cause you to withdraw your request for hearing.
Information concerning any aspect of these applications may be obtained
by contacting the Texas Natural Resource Conservation Commission, Chief Clerks
Office-MC105, P.O. Box 13087, Austin, Texas 78711. Individual members of the
public who wish to inquire about the information contained in this notice,
or to inquire about other agency permit applications or permitting processes,
should call the TNRCC Office of Public Assistance, Toll Free, at 1-800-687-4040.
Listed are the name of the applicant and the city in which the facility
is located, type of facility, location of the facility, type of application
(new permit, amendment, renewal) and permit number.
Pilgrim's Pride Corp., P.O. Box 93, Pittsburg, TX 75686-0093 has applied
for six underground Injection Control (UIC) permits; WDW-352, WDW-353, WDW-354,
WDW-355, WDW-356, and WDW-357. The permits will authorize disposal of non-hazardous
wastes generated at the permittee's proposed Walker Creek facility from cleaning
and processing of broilers for the production of various poultry products
as well as rendering of by-products and further processing for production
of poultry meal, feather meal, blood meal, and oil for use in the production
of pet foods and poultry feed. The wells are in Camp County, 4 miles north
of Pittsburg, east of Highway 271 and 43 miles north of Longview (30 days
from date of newpaper publication).
Everest Exploration, P.O. Box 500, Hobson, TX 78117-0500 has applied for
renewal of an Underground Injection Control (UIC) Well, Permit Number WDW-168.
The applicant currently operates an in-situ uranium mine. Wastes generated
on-site are non-hazardous. The injected wastes include: barren solution bleed,
restoration waste stream, process waste streams, and tailings or wastes produced
by or resulting from the extraction or concentration of uranium, other associated
wastes such as ground water and rainfall contaminated by the above authorized
wastes, spills of the above authorized wastes, and wash waters and solutions
used in cleaning and servicing the waste disposal well system equipment which
are compatible with the permitted waste streams, reservoir and well materials.
The applications and related draft permits include changes in the depth specifications
for injection, the injection pressure and the character of the injected non-hazardous
wastes. The well is located in Karnes County, approximately 45 miles SE of
San Antonio and .5 miles SW of Hobson off of FM 81 (30 days from date of newpaper
publication).
Rohm and Haas Texas Inc., 6600 Hwy. 225, Deer Park, Harris County, Texas
77536, a chemical manufacturing facility, has applied for a major amendment
to Compliance Plan CP-50101 which would incorporate performance-based objectives
for the corrective action and ground-water monitoring programs, obtain authorization
for Alternate Concentration Limits (ACLs) for ammonia and sulfate, and change
the amount of financial assurance required. The facility is in Harris County
approximately 15 miles SW of Houston, Texas on SH134 and Tidal road.
Texas Electric Cooperatives, Inc., has applied for a hazardous waste permit
(Proposed Permit Number HW-50345) and compliance plan (Proposed Compliance
Plan Number CP-50345). The permit would authorize post-closure care for nine
surface impoundment areas closed as three landfills. The compliance plan would
require the permittee to monitor the concentrations of hazardous constituents
in groundwater and remediate ground-water to specific standards. The sites
are located 0.6 miles south of State Highway 63 on Bevil Loop Road, on approximately
53 acres near the City of Jasper, Jasper County, Texas.
TRD-9901883
LaDonna Castanuela
Chief Clerk
Texas Natural Resource Conservation Commission
Filed: March 30, 1999
For The Period of January 22, 1999 to January 29, 1999
BFI Waste Systems of North America, Inc., 7000 I.H. 10 East, San Antonio,
Texas, 78219 has applied to amend existing Permit Number 1410-B (Proposed
Permit Number MSW 1410-C) to expand the 265 acre permitted facility horizontally
by adding approximately 664 contiguous acres, and to increase the maximum
permitted elevation of the landfill by approximately 49 feet. The present
permit boundary consists of approximately 265 acres of land which is located
in east San Antonio and Bexar County just south of Interstate Highway 10 and
just west of Farm to Market Road 1516. The total permitted area described
in the amendment application, including both the existing permitted property
and the proposed expansion area, is 928.775 acres. Of this, approximately
709 acres will be designated for placement of waste. The maximum proposed
elevation of the top of the landfill when completed will be approximately
805 feet mean sea level (MSL). The landfill is estimated to receive approximately
2,800 tons of solid waste per day. The permit amendment includes authorization
for the receipt of Class 1 non-hazardous industrial waste at the landfill
if disposal is conducted in accordance with the applicable TNRCC rules. If
granted, the applicant would be authorized to dispose of: (1) municipal solid
waste resulting from or incidental to municipal, community, commercial, institutional,
recreational activities, and construction or demolition projects; (2) Class
1, 2 and 3 industrial solid waste; and (3) special wastes that are properly
identified. The facility would be authorized to operate from 5:00 AM to 6:00
PM, Monday through Friday, and from 7:00 AM to 3:00 PM on Saturday.
If you wish to request a public hearing, you must submit your request in
writing. You must state (1) your name, mailing address and daytime phone number;
(2) the application number, TNRCC docket number or other recognizable reference
to the application; (3) the statement I/we request an evidentiary public hearing;
(4) a brief description of how you, or the persons you represent, would be
adversely affected by the granting of the application; and (5) a description
of the location of your property relative to the applicant's operations.
Requests for a public hearing or questions concerning procedures should
be submitted in writing to the Chief Clerk's Office, Park 35 TNRCC Complex,
Building F, Room 1101, Texas Natural Resource Conservation Commission, Mail
Code 105, P.O. Box 13087, Austin, Texas 78711. Individual members of the public
who wish to inquire about the information contained in this notice, or to
inquire about other agency permit applications or permitting processes, should
call the TNRCC Office of Public Assistance, Toll Free, at 1-800-687-4040.
TRD-9901885
LaDonna Castanuela
Chief Clerk
Texas Natural Resource Conservation Commission
Filed: March 30, 1999
For The Period of February 25, 1999 to March 26, 1999
The City of Big Lake, P.O. Box 310, Big Lake, Texas, 76932-0310, has applied
to amend existing Permit Number MSW 86 (Proposed Permit Number MSW 86-B) to
authorize a lateral expansion to an existing Type I-AE municipal solid waste
management facility. The amendment will increase the acreage from the currently
permitted 22.95 acres to 128.50 acres. The new landfill waste disposal footprint
will be 95.8 acres. The total disposal capacity of the new addition is approximately
1,210,000 in-place cubic yards. No waste will be placed above natural grade.
If granted, the applicant would be authorized to dispose of: (1) municipal
solid waste resulting from or incidental to municipal, community, commercial,
institutional, recreational activities, and construction or demolition projects;
(2) Class II and III industrial solid waste; and (3) special wastes that are
properly identified. The facility would be authorized to operate from 7:00
a.m. to 7:00 p.m., Monday through Saturday.
The City of Kingsville, P.O. Box 1458, Kingsville, Texas, 78364-1458, has
applied to amend existing Permit Number MSW 235-A (Proposed Permit Number
MSW 235-B) to authorize a lateral and vertical expansion to an existing Type
I municipal solid waste management facility. The amendment will increase the
acreage from the currently permitted 35.00 acres to 120.00 acres, and it will
increase the height from 95.00 feet to 125.00 feet. The new disposal capacity
is approximately 4,993,000 in-place cubic yards. If granted, the applicant
would be authorized to dispose of: (1) municipal solid waste resulting from
or incidental to municipal, community, commercial, institutional, recreational
activities, and construction or demolition projects and (2) special wastes
that are properly identified. The facility would be authorized to operate
from 7:00 a.m. to 7:00 p.m., Monday through Saturday.
The City of Littlefield, P.O. Box 1267, Littlefield, Texas, 79339. has
applied for a permit Proposed Permit Number MSW-2274 to authorize a new Type
I-AE municipal solid waste landfill facility. The proposed site covers approximately
69.036 acres and is estimated to initially receive 20 tons of waste per day.
If granted, the applicant would be authorized to dispose of: municipal solid
waste resulting from or incidental to municipal, community, commercial, institutional,
recreational activities, construction or demolition projects, and special
waste that are properly identified. The facility would be authorized to operate
from 7:00 a.m. to 7:00 p.m. Monday thru Sunday.
If you wish to request a public hearing, you must submit your request in
writing. You must state (1) your name, mailing address and daytime phone number;
(2) the application number, TNRCC docket number or other recognizable reference
to the application; (3) the statement I/we request an evidentiary public hearing;
(4) a brief description of how you, or the persons you represent, would be
adversely affected by the granting of the application; and (5) a description
of the location of your property relative to the applicant's operations.
Requests for a public hearing or questions concerning procedures should
be submitted in writing to the Chief Clerk's Office, Park 35 TNRCC Complex,
Building F, Room 1101, Texas Natural Resource Conservation Commission, Mail
Code 105, P.O. Box 13087, Austin, Texas 78711. Individual members of the public
who wish to inquire about the information contained in this notice, or to
inquire about other agency permit applications or permitting processes, should
call the TNRCC Office of Public Assistance, Toll Free, at 1-800-687-4040.
TRD-9901884
LaDonna Castanuela
Chief Clerk
Texas Natural Resource Conservation Commission
Filed: March 30, 1999
Notice is hereby given that under the requirements of Texas Government
Code, Subchapter B, Chapter 2001, the Texas Natural Resource Conservation
Commission (commission) will conduct a public hearing to receive testimony
concerning revisions to 30 TAC Chapters 39, 281, and 305, concerning Texas
Pollutant Discharge Elimination System (TPDES) Minor Amendments.
The commission proposes to amend and clarify existing notice provisions
and other requirements for certain new TPDES permits. The rules would also
amend the minor amendment provisions to create three levels of amendments
for TPDES permits and would amend the notice provisions relating to those
minor amendments.
A public hearing on the proposal will be held May 6, 1999, at 10:00 a.m.
in Room 5108 of Texas Natural Resource Conservation Commission Building F,
located at 12100 Park 35 Circle, Austin. The hearing is structured for the
receipt of oral or written comments by interested persons. Individuals may
present oral statements when called upon in order of registration. Open discussion
will not occur during the hearing; however, an agency staff member will be
available to discuss the proposal 30 minutes prior to the hearing and answer
questions before and after the hearing.
Comments may be submitted to Lisa Martin, Office of Environmental Policy,
Analysis, and Assessment, MC 205, P.O. Box 13087, Austin, Texas 78711-3087
or faxed to (512) 239-4808. Comments must be received by 5:00 p.m., May 10,
1999, and should reference Rule Log Number 99003-039-WT. For further information,
please contact Emily W. Rogers, Environmental Law Division, (512) 239-0649.
Persons with disabilities who have special communication or other accommodation
needs who are planning to attend the hearing should contact the agency at
(512) 239-4900. Requests should be made as far in advance as possible.
TRD-9901820
Margaret Hoffman
Director, Environmental Law Division
Texas Natural Resource Conservation Commission
Filed: March 26, 1999
Notice is hereby given that under the requirements of Texas Health and
Safety Code, §382.017 and Texas Government Code, Subchapter B, Chapter
2001, the Texas Natural Resource Conservation Commission (commission) will
conduct a public hearing to receive testimony concerning revisions to 30 TAC
Chapter 113, concerning National Emission Standards for Hazardous Air Pollutants
for Source Categories.
The commission proposes to incorporate by reference changes that the United
States Environmental Protection Agency has made to certain Maximum Achievable
Control Technology (MACT) standards that the commission has previously adopted
and would incorporate by reference 12 new federal MACT standards for the control
of hazardous air pollutant emissions from specific source categories. MACT
standards are found in 40 Code of Federal Regulations Part 63.
A public hearing on the proposal will be held May 5, 1999, at 10:00 a.m.
in Room 5108 of Texas Natural Resource Conservation Commission Building F,
located at 12100 Park 35 Circle, Austin. The hearing is structured for the
receipt of oral or written comments by interested persons. Individuals may
present oral statements when called upon in order of registration. Open discussion
will not occur during the hearing; however, an agency staff member will be
available to discuss the proposal 30 minutes prior to the hearing and answer
questions before and after the hearing.
Comments may be submitted to Lisa Martin, Office of Environmental Policy,
Analysis, and Assessment, MC 205, P.O. Box 13087, Austin, Texas 78711-3087
or faxed to (512) 239-4808. Comments must be received by 5:00 p.m., May 10,
1999, and should reference Rule Log Number 99002-113-AI. For further information,
please contact Ann Hammer, (512) 239-6255.
Persons with disabilities who have special communication or other accommodation
needs who are planning to attend the hearing should contact the agency at
(512) 239-4900. Requests should be made as far in advance as possible.
TRD-9901826
Margaret Hoffman
Director, Environmental Law Division
Texas Natural Resource Conservation Commission
Filed: March 29, 1999
Notice is hereby given that the Texas Natural Resource Conservation Commission
(TNRCC or commission) will conduct a public hearing to receive testimony concerning
the rule review of 30 TAC Chapter 312, concerning Sludge Use, Disposal, and
Transportation.
The commission is reviewing Chapter 312 to comply with the General Appropriations
Act, Article IX, §167, 75th Legislature, 1997. Section 167 requires state
agencies to review and consider for readoption rules adopted under the Administrative
Procedure Act. The review must include, at a minimum, an assessment that the
reason for the rules continues to exist. The commission has reviewed Chapter
312 and determined that the reason for its adoption continues to exist.
After the conclusion of the review of Chapter 312, the commission will
propose amendments to the rules to facilitate the implementation of the Texas
Pollutant Discharge Elimination System (TPDES) program. These modifications
will provide for consistency with the federal Clean Water Act, as amended,
and other applicable federal regulations, and will provide for consistency
with the United States Environmental Protection Agency Region 6 National Pollution
Discharge Elimination System General Permit for Final Reuse and Disposal of
Sewage Sludge. As part of this proposed rulemaking, the commission will be
exploring potential revisions related to compliance verification, regulatory
flexibility, and procedural processing, notice, compliance history, groundwater
problems, the definition of beneficial use, experimental land application
approvals, and registration issuance by the commission's regional offices.
The commission also asks for comments on these potential revision topics.
Any changes identified in comments on this rules review or on the topics suggested
for revision that are accepted by the commission can be incorporated into
these proposed rule amendments.
A public hearing on the rules review and on the topics suggested for revision
in Chapter 312 will be held in the TNRCC Office Complex on May 18, 1999, at
2:00 p.m., in Building F, Room 5108, located at 12100 Park 35 Circle, Austin.
The hearing is structured for the receipt of oral or written comments by interested
persons. Individuals may present oral statements when called upon in order
of registration. Open discussion will not occur during the hearing; however,
a staff member will be available to discuss the proposal 30 minutes prior
to the hearing and answer questions before and after the hearing.
Comments on the commission's review of the rules or on the topics suggested
for revision in Chapter 312 may be submitted to Lisa Martin, Office of Environmental
Policy, Analysis, and Assessment, MC 205, P.O. Box 13087, Austin, Texas 78711-3087,
or faxed to (512) 239-4808. Comments must be received by 5:00 p.m., May 24,
1999, and should reference Rule Log Number 99004-312-WT. For further information,
please contact Maria M. Rodriguez, Sludge and Transporter Review Team, (512)
239-1760.
Persons with disabilities who have special communication or other accommodation
needs who are planning to attend the hearing should contact the agency at
(512) 239-4900. Requests should be made as far in advance as possible.
TRD-9901825
Margaret Hoffman
Director, Environmental Law Division
Texas Natural Resource Conservation Commission
Filed: March 29, 1999
Notice is hereby given that pursuant to the requirements of the Texas Health
and Safety Code,§382.017; Texas Government Code, Subchapter B, Chapter
2001; and 40 Code of Federal Regulations, §51.102, of the United States
Environmental Protection Agency (EPA) regulations concerning State Implementation
Plans (SIP), the Texas Natural Resource Conservation Commission (TNRCC or
commission) will conduct a public hearing to receive testimony regarding revisions
to the SIP concerning the 1999 Collin County Redesignation and Maintenance
Plan for Lead.
On November 6, 1991, EPA published the notice of nonattainment designation
in the
Federal Register
, page 56694, for the
portion of Collin County which essentially encompasses the plant boundaries
of the Gould National Battery, Incorporated (GNB, now GNB Technologies, Inc.)
facility. The effective date of the nonattainment designation was January
6, 1992. Under the federal guidelines, the then Texas Air Control Board (TACB)
responded by submitting a site-specific SIP to EPA on June 18, 1993. under
the Federal Clean Air Act (FCAA), the Collin County nonattainment area was
required to attain the National Ambient Air Quality Standards (NAAQS) by January
6, 1997.
Highlights of the 1993 SIP revision include an air quality analysis current
through the fourth quarter of 1992, a 1992 emissions inventory, dispersion
modeling which demonstrated NAAQS attainment for the area, Board Order Number
92-09(k), contingency measures in Board Order Number 93-12, and new source
review provisions for lead sources.
Since the adoption of the 1993 SIP revision and the implementation of the
requirements established in the agreed orders, the ambient monitors have consistently
recorded levels well below the lead NAAQS, which is a quarterly arithmetic
average of 1.5 micrograms per cubic meter (µ g/m
3
). Before an area can be redesignated to attainment there must be
a minimum of eight quarters of quality-assured ambient air monitoring data
with no exceedances. For the monitoring periods of 1995, 1996, 1997, and 1998,
there are 14 quarters of monitored data without an exceedance. Therefore,
the TNRCC is proposing a revision to the SIP for the Control of Lead Air Pollution.
The proposed revision would provide for the redesignation to attainment
of that portion of Collin County currently designated as nonattainment for
the lead NAAQS. The proposed revision also provides a maintenance plan for
the area to ensure continued compliance with the lead NAAQS. The proposed
revision establishes an attainment emissions inventory and provides maintenance
demonstrations through ambient air monitoring combined with GNB's existing
state new source review permit and compliance with the federal Lead Maximum
Achievable Control Technology requirements. As part of the maintenance plan,
the proposed revision establishes a new contingency plan through an agreed
order and replaces Agreed Orders 92-09(k). Further, the proposed revision
establishes contingency indicators based on monitored lead levels and GNB's
annual emissions inventory submission and sets trigger levels for each of
the indicators. The proposed revision also provides for a commitment by the
TNRCC to keep the existing monitoring network in place until the end of the
maintenance period and a request that the EPA approve the maintenance plan
and redesignate Collin County to attainment for the lead NAAQS.
A public hearing on the proposal will be held in Frisco on May 4, 1999,
at 7:00 p.m., at the Frisco High School Lecture Hall, 6927 Coon Lane, Frisco.
Individuals may present oral statements when called upon in order of registration.
Open discussion will not occur during the hearing; however, an agency staff
member will be available to discuss the proposal 30 minutes prior to the hearing
and will answer questions before and after the hearing.
Comments should be submitted to Lisa Martin, TNRCC Office of Environmental
Policy, Analysis, and Assessment, MC 205, P.O. Box 13087, Austin, Texas 78711-3087,
or faxed to (512) 239-4808. Comments must be received by 5:00 p.m., May 10,
1999, and should reference Rule Log Number 98023- SIP-AI. For further information
on the proposed revisions, please contact John Gillen, Office of Environmental
Policy, Analysis, and Assessment, (512) 239-1415. Copies of the proposed SIP
can be obtained via the commission's Web Site at
www.tnrcc.state.tx.us/oprd/rules/propadop.html
, or by calling Lisa
Martin at (512) 239-1966.
Persons with disabilities who have special communication or other accommodation
needs who are planning to attend the hearing should contact the agency at
(512) 239-4900. Requests should be made as far in advance as possible.
TRD-9901827
Margaret Hoffman
Director, Environmental Law Division
Texas Natural Resource Conservation Commission
Filed: March 29, 1999
The following notices were issued between March 17 & March 24, 1999.
Written public comments and requests for public meetings may be submitted
to the Office of the Chief Clerk, at the address provided in the information
section below, WITHIN 30 DAYS OF THE PUBLICATION DATE OF THE NOTICE. A public
meeting is intended for the taking of public comment, and is not a contested
case hearing. A public meeting will be held if the Executive Director determines
that there is a significant degree of public interest in the application.
The TNRCC may grant a contested case hearing on this application if a written
hearing request is filed within 30 days from the date of newspaper publication
of these 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) applicant's name
and permit number; (3) the statement "[I/we] request a contested case hearing;"
(4) a brief and specific description of how you would be adversely affected
by the granting of the application in a way not common to the general public;
and (5) the location and distance of your property relative to the proposed
activity. You may also submit your proposed adjustments to the application
or permit which would satisfy your concerns.
Written hearing requests, public comments or requests for public meetings
should be submitted to the Office of the Chief Clerk, MC 105, TNRCC, P.O.
Box 13087, Austin, Texas 78711-3087. For additional information, please 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.
Listed are the names of the applicants, the type of application (new permit,
amendment, or renewal), the permit number and whether it is a CAFO and/or
a TPDES Permit, the type of facility, and the location of the facility.
THE GREIF BROS. CORPORATION, P.O. Box 907, La Porte, Texas 77571; The plant
site is located at 10700 Strang Road in the City of La Porte in Harris County,
Texas; Renewal of Permit Number 13949-001.
JEFFERSON COUNTY WATER CONTROL & IMPROVEMENT DISTRICT NUMBER 10, 3707
Central Boulevard, Nederland, Texas 77627-3225; The plant site is located
to the northwest of Nederland in the area bounded by Spurlock Road, U.S. Highway
69/96/287 and State Highway 347, and is on the northwest side of Rhodair Gully,
approximately 3,500 feet upstream from the point where Rhodair Gully passes
beneath U.S. Highway 69/96/287 in Jefferson County, Texas; Major amendment
to Permit Number 10838-003.
HAROLD ALEXANDER CLARK, 9039 Katy Freeway, Suite 230, Houston, Texas 77024;
The plant site is located approximately 1,000 feet east of the intersection
of Atascocita Road and Old Humble Road in Harris County, Texas; Major amendment
to Permit Number 11161-001.
CITY OF GROESBECK, P.O. Box 227, Groesbeck, Texas 76642; The plant site
is located on the Navasota River approximately 1 mile below Lake Springfield,
approximately 2 miles north of Groesbeck on State Highway 14 and 0.75 mile
east along a public road in Limestone County, Texas; New TPDES Permit Number
10182-002.
FRONTIER FERTILIZER & CHEMICAL CO., L.L.C., Route 5, Box 185, Lubbock,
Texas 79407; The facility and disposal area are located at the southeast corner
of the intersection of Texas Highway 114 and Farm-to-Market Road 2378 which
is two miles west of Reese Air Force Base and adjacent to the south edge of
the West Texas and Lubbock Railroad, Lubbock County, Texas; Renewal of Permit
Number 02405.
MOBIL CHEMICAL COMPANY INC., P.O. Box 3868, Beaumont, Texas 77704; The
plant site is located at a site immediately north of Smith Island and south
of the Neches River, bounded on the south and east by a modified oxbow and
on the northwest by a refinery tank farm, east of the City of Beaumont, Jefferson
County, Texas; Major amendment with renewal to TNRCC Permit Number 00462.
ROBERT A. JANSEN, 2275 FM 107, Gatesville, Texas 76528; The dairy facility
is located on an unpaved county road one half mile east of the intersection
of the county road and .S. Highway 281 approximately 3.75 miles north of Evant
in Hamilton County, Texas; New CAFO Permit Number 04017.
JOE HUEREQUE, P.O. Box 1089, Clint, Texas 79836; The existing facility
is located on the southeast side of Farm-to-Market Road 1110 approximately
one mile northeast of the intersection of Farm-to-Market Road 1110 and State
Highway 76 in El Paso County, Texas; New TPDES CAFO Permit 03576 to replace
State Permit 03576.
MICHAEL QUINT WAGGONER, HCR 1, Box 47, Dimmitt, Texas 79027; The proposed
facility is located on the north side of Castro County Road 628 approximately
3.5 miles east of the intersection of County Road 628 and U.S. Highway 385,
this intersection being approximately 13 miles south of the City of Dimmitt
in Castro County, Texas; New TPDES CAFO Permit Number 04046.
BORDERLAND FEEDERS, LTD., P.O. Box 980; The existing facility is located
approximately 2.75 miles southeast of Clint, on the northeast side of TX Hwy.
76 two miles from its intersection with Farm-to-Market (FM) 1110, in El Paso
County, Texas; New TPDES CAFO Permit Number 04037.
MICHAEL STEWARD, 200 Shoshone, Comanche, Texas 76442; The existing dairy
is located on the south side of County Road 252 approximately 4 miles southwest
of the intersection of Farm-to-Market Road 2466 and Farm-to-Market Road 1476
in Comanche County, Texas; Renewal of CAFO Permit Number 03579.
TRD-9901887
LaDonna Castanuela
Chief Clerk
Texas Natural Resource Conservation Commission
Filed: March 30, 1999
The following notices were issued March 22, 1999.
Written comments and requests for a public meeting may be submitted to
the Office of the Chief Clerk, at the address provided in the information
section below, WITHIN 30 DAYS OF THE ISSUE DATE OF THE NOTICE. A public meeting
is intended for the taking of public comment, and is not a contested case
hearing. A public meeting will be held if the Executive Director determines
that there is a significant degree of public interest in the application.
Written comments or requests for a public meeting should be submitted to
the Office of the Chief Clerk, MC 105, TNRCC, P.O. Box 13087, Austin, Texas
78711-3087. For additional information, please 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.
Listed are the names of the applicants, the type of application (new permit,
amendment, or renewal), the permit number, the type of facility, and the location
of the facility.
WALNUT COVE WATER SUPPLY CORPORATION, P.O. BOX 187, WILLIS, TEXAS 77378;
The plant site is located 200 feet east of Lake Conroe on Weir Creek, approximately
2 miles west of Interstate Highway 45 and 1.5 miles north of Farm-to-Market
Road 1097 in Montgomery County, Texas; Renewal of Permit Number 12416-001.
DOMCO INC. FLOOR PRODUCTS (TEXAS), P.O. Box 3145, Houston, Texas 77253-3145;
The plant site is located at 1705 North Oliver Street in the City of Houston,
Harris County, Texas; Major amendment to TNRCC Permit Number 00785.
TRD-9901888
LaDonna Castanuela
Chief Clerk
Texas Natural Resource Conservation Commission
Filed: March 30, 1999
Listed below are permits issued March 19-25, 1999.
Temporary Permit Number TP-8074 by Capital Excavation Company for diversion
of 4 acre-feet in a 1 year period for industrial (highway construction) use.
Water may be diverted from near a point where San Gabriel River crosses SH
95 approximately 16 miles east of Georgetown and 7 miles north of Taylor in
Williamson County, Texas.
Temporary Permit Number TP-8075 by Albert W. Green for diversion of 2 acre-feet
in a 1 year period for irrigation (pecan orchard) use. Water may be diverted
from an unnamed tributary of the San Marcos River, Guadalupe River Basin,
approximately 21 miles northeast of Seguin, Guadalupe County, Texas, property
is owned by the applicant and is near the crossing of FM 1979 and the San
Marcos River.
Temporary Permit Number TP-8076 by Collins & Ware, Inc. for diversion
of 10 acre-feet in a 1 year period for mining (oil and gas well drilling)
use. Water may be diverted from 3 different points on San Fernando Creek in
a 5 mile reach between the Nueces- Jim Wells County Line and State Highway
70, 30 miles SW of Corpus Christi and 10 miles NW of Bishop in Nueces County,
Texas.
Temporary Permit Number TP-8078 by Enron Oil & Gas Co. for diversion
of 10 acre-feet in a 1 year period for mining (water well drilling) use. Water
may be diverted from a point approximately 1 mile downstream from NW corner
of Val Verde County on Pecos River located approximately 75 miles NW of Del
Rio and 10 miles NW of Pandale in Val Verde 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 §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-9901881
LaDonna Castanuela
Chief Clerk
Texas Natural Resource Conservation Commission
Filed: March 30, 1999
Corrections of Error
The Texas State Board of Examiners of Psychologists proposed an amendment
to 22 TAC §461.31. The rule appeared in the March 12, 1999 issue of the
Due to error by the Texas State Board of Examiners of Psychologists, on
page 1726, §461.31(a) and (b), the symbol before the number 19 should
be the section sign.
The Texas State Board of Examiners of Psychologists proposed new 22 TAC
§§462.1-462.14. The rules appeared in the March 12, 1999,
issue of the
Texas Register
(24 TexReg 1727).
Due to error by the Texas State Board of Examiners of Psychologists, on
page 1727, §462.2(a)(1), the symbol after the number 8 should actually
be the number 1/2 so that it would read “8-1/2 inches by 11 inches”.
Request for Offer
The Texas Department of Public Safety (DPS) announces the issuance of a
Request For Offer (RFO) for consultant services to aid the agency in its business
process reengineering initiative. The initiative will be a three-phase project.
This RFO covers Phase One. In Phase One the successful consultant will:
- Identify the core business processes of DPS.
- Provide recommendations concerning the DPS processes that would benefit
most from reengineering.
- Provide an assessment of the cost and time required for outside consultant
assistance in Phase Two (the reengineering design of the selected business
processes).
- Provide written status reports concerning project deliverables at weekly
meetings with the DPS Business Process Reengineering Analysis/Design Team.
If you would like to receive the complete RFO, you may request by facsimile
or U.S. Mail. Also, the RFO is available in electronic format beginning April
9, 1999, from the Electronic State Business Daily, which may be accessed via
the Internet at http://www.marketplace.state.us. The RFO number is 405-9-TR100.
All offers must be received no later than 5:00 P.M., May 10, 1999.
Prospective vendors may submit questions by telephone, facsimile, electronic
mail, or U.S. Mail. All such questions must be received no later than April
23, 1999, by Vic Miiller, Department of Public Safety Purchasing Office.
Telephone: 512/424-2064
Facisimile: 512/424-2546
Electronic mail: Vic.Miiller@txdps.state.us
Address: Texas Department of Public Safety
Accounting and Budget Control - Purchasing
Attention: Vic Miiller
Supervisor, Procurement Services
Box 4087
Austin, TX 78773
A DPS selection committee will evaluate vendor responses. The committee
will negotiate tasking, deliverables, schedule, and costs with the top rated
respondents. The vendor will be selected based upon responses to the proposal
as well as the vendor's experience with reengineering efforts. DPS may make
additional requests to prospective vendors for clarification of offer or for
additional information.
DPS shall employ the following evaluation criteria in making a selection:
demonstrated competence, qualifications, proposed strategy/approach, methodology,
and tools, innovative and cost saving ideas or creative initiatives in response
to this RFO, quality of proposal.
TRD-9901810
Dudley M. Thomas
Director
Texas Department of Public Safety
Filed: March 26, 1999
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 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 Add Contract Pricing for Disaster Routing, AreaWide Networking, and Positive
ID Services Pursuant to P.U.C. Substantive Rule §23.25. Tariff Control
Number 20656.
The Application: Southwestern Bell Telephone Company (SWBT) has notified
the Public Utility Commission of Texas that it is adding tariff provisions
to allow as an option, customer specific contract pricing for Disaster Routing,
AreaWide Networking, and Positive ID services. SWBT requests an effective
date on or before April 23,1999.
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 20, 1999. Hearing and speech-impaired individuals with text telephone
(TTY) may contact the commission at (512) 936-7136.
TRD-9901822
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: March 26, 1999
Notice is given to the public of an application filed with the Public Utility
Commission of Texas on March 25, 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 Add Call Transfer Disconnect Feature to the BizSaver Selection List, Pursuant
to P.U.C. Substantive Rule §23.25. Tariff Control Number 20668.
The Application: Southwestern Bell Telephone Company (SWBT) has notified
the Public Utility Commission of Texas that it is including an existing discretionary
service, Call Transfer Disconnect, as one of the selections for a BizSaver
service package. SWBT requests an effective date no later than April 20, 1999.
BizSaver is a grouping of Call Management Services that offers a monthly discount
as a part of the customers monthly billing for business customers who subscribe
to a predefined group of services.
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 16, 1999. Hearing and speech-impaired individuals with text telephone
(TTY) may contact the commission at (512) 936-7136.
TRD-9901903
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: March 30, 1999
Notice is given to the public of an application filed with the Public Utility
Commission of Texas on March 25, 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 Reduce Rates Associated With Bill Plus Service Pursuant to P.U.C. Substantive
Rule §23.25. Tariff Control Number 20669.
The Application: Southwestern Bell Telephone Company (SWBT) has notified
the Public Utility Commission of Texas that it is eliminating the $150.00
non-recurring charge for customers that initiate Bill Plus services. Additionally,
SWBT will waive the $8.00 recurring charge for customers who agree to forego
a paper bill detail. Bill Plus in an optional service that provides subscribers
a copy of their monthly bill on a compact disk or diskette. This electronic
billing media allows customers greater flexibility and control of their billing
needs. SWBT has provided notification of this Bill Plus price reduction to
the Local Service Providers. SWBT requests an effective date of May 15, 1999.
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 30, 1999. Hearing and speech-impaired individuals with text telephone
(TTY) may contact the commission at (512) 936-7136.
TRD-9901904
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: March 30, 1999
On March 23, 1999, Ernest Communications, Inc. filed an application with
the Public Utility Commission of Texas (PUC) to amend its service provider
certificate of operating authority (SPCOA) granted in SPCOA Certificate Number
60207. Applicant intends to amend its authority from resale-only to include
facilities-based services.
The Application: Application of Ernest Communications, Inc. for an Amendment
to its Service Provider Certificate of Operating Authority, Docket Number
20654.
Persons with questions about this docket, or who wish to intervene or otherwise
participate in these proceedings should make appropriate filings or comments
to the commission at the Public Utility Commission of Texas, at PO Box 13326,
Austin, Texas 78711-3326 no later than April 14, 1999. You may contact the
PUC Office of Customer Protection at (512) 936-7120. Hearing and speech-impaired
individuals with text telephone (TTY) may contact the commission at (512)
936-7136. All correspondence should refer to Docket Number 20654.
TRD-9901775
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: March 25, 1999
Notice is given to the public of the filing with the Public Utility Commission
of Texas of an application on March 25, 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 Orbit Consultants, Inc. for a Service
Provider Certificate of Operating Authority, Docket Number 20665 before the
Public Utility Commission of Texas.
Applicant intends to provide resold basic local exchange and local exchange
service, including but not limited to, custom calling services, extended area
service, and any other services available on a resale basis from the underlying
incumbent local exchange carrier or other certificated carrier within the
service area.
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 14, 1999. Hearing and speech-impaired individuals with text telephone
(TTY) may contact the commission at (512) 936-7136.
TRD-9901870
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: March 29, 1999
Notice is given to the public of the filing with the Public Utility Commission
of Texas of an application on March 15, 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 Reliant Energy HL&P to Amend
a Certificate of Convenience and Necessity to Construct a Proposed Transmission
Line within Fort Bend County, Docket Number 20624 before the Public Utility
Commission of Texas.
The Application: In Docket Number 20624, Reliant Energy HL&P (HL&P)
requests approval to construct three line segments including: 1) 0.4 miles
of 138-kV double-circuit, to be known as Circuits 2A and 5A SIENNA Tap to
Hagerson Road; 2) 1.9 miles of 138-kV double- circuit, to be known as the
Hagerson Road line; and 3) 0.4 miles of 138-kV double-circuit to be known
as the SIENNA substation approach. The proposed project will include a new
substation to be known as the SIENNA substation. The proposed project is located
within Fort Bend County. The area in and around the cities of Missouri City,
Stafford, and Sugar Land is experiencing significant electrical load growth
consisting primarily of residential and commercial development. The capacity
of the present electric distribution system will be exceeded in the year 2000.
In order to continue reliable electric service, the proposed project is needed
in the center of the area of developing land.
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 within
15 days of this notice. Hearing and speech-impaired individuals with text
telephone (TTY) may contact the commission at (512) 936-7136.
TRD-9901871
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: March 29, 1999
Notice is given to the public of the filing with the Public Utility Commission
of Texas a petition to reconcile fuel costs and implement voluntary base rate
reductions and refunds on March 22, 1999, pursuant to the Public Utility Regulatory
Act, Texas Utilities Code Annotated §§36.001, 36.003, 36.051, 36.102,
36.109, and 36.203 (Vernon 1998).
Docket Style and Number: Application of El Paso Electric Company for Authority
to Reconcile Fuel Costs. Docket Control Number 20450.
The Application: El Paso Electric Company seeks to (1) reconcile fuel and
purchased power expenses for the period of July 1995, through December 1998,
(2) incorporate certain reward amounts that have accrued since the company's
last fuel reconciliation under the performance standards established for the
Palo Verde Nuclear Generating Station, and (3) implement a voluntary base
rate reduction of 8.79% for all customers receiving service under the company's
residential service rate, and 3.18% for certain customers receiving service
under the following rates: small commercial service, outdoor recreational
lighting, municipal street lights, municipal pumping (rate 11), water heating,
irrigation, general service, large power service, area lights, cotton gin
service, city/county service, and cogeneration. The voluntary base rate reductions
will total over $15.4 million annually. All of the company's Texas retail
customers will be affected by the request to reconcile fuel costs, if granted.
Persons who wish to intervene in the proceeding or comment upon the action
sought should contact, not later than May 6, 1999, the Public Utility Commission
of Texas, PO Box 13326, Austin, Texas 78711-3326, or call the commission's
Office of Consumer Protection at (512) 936- 7120. Hearing- and speech-impaired
individuals with text telephones (TTY) may contact the Commission at (512)
936-7136.
TRD-9901872
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: March 29, 1999
Notice is given to the public of the intent to file with the Public Utility
Commission of Texas an application pursuant to P.U.C. Substantive Rule §23.27
for a new PLEXAR-Custom service for Edinburg ISD in Edinburg, Texas.
Tariff Title and Number: Southwestern Bell Telephone Company's Notice of
Intent to File an Application for a New PLEXAR-Custom Service for Edinburg
ISD in Edinburg, Texas Pursuant to P.U.C. Substantive Rule §23.27. Tariff
Control Number 20658.
The Application: Southwestern Bell Telephone Company is requesting approval
of its application for a new PLEXAR-Custom service for Edinburg ISD in Edinburg,
Texas. PLEXAR-Custom service is a central office-based PBX-type serving arrangement
designed to meet the specific needs of customers who have communication system
requirements of 75 or more station lines. The designated exchange for this
service is the Edinburg exchange, and the geographic market for this specific
PLEXAR-Custom service is the Brownsville LATA.
Persons who wish to comment upon the action sought should contact the Public
Utility Commission of Texas, by mail at P.O. Box 13326, Austin, Texas, 78711-3326,
or call the commission's Office of Customer Protection at (512) 936-7120.
Hearing and speech-impaired individuals with text telephone (TTY) may contact
the commission at (512) 936-7136.
TRD-9901823
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: March 26, 1999
Notice is given to the public of the intent to file with the Public Utility
Commission of Texas an application pursuant to P.U.C. Substantive Rule §23.27
for a new PLEXAR-Custom service for Birdville, ISD in Fort Worth, Texas.
Tariff Title and Number: Southwestern Bell Telephone Company's Notice of
Intent to File an Application for an Addition to the Existing PLEXAR-Custom
Service for Birdville, ISD in Fort Worth, Texas Pursuant to P.U.C. Substantive
Rule §23.27. Tariff Control Number 20674.
The Application: Southwestern Bell Telephone Company is requesting approval
of its application for an addition to the existing PLEXAR-Custom service for
Birdville, ISD in Fort Worth, Texas. PLEXAR-Custom service is a central office-based
PBX-type serving arrangement designed to meet the specific needs of customers
who have communication system requirements of 75 or more station lines. The
designated exchange for this service is the Fort Worth exchange, and the geographic
market for this specific PLEXAR-Custom service is the Dallas LATA.
Persons who wish to comment upon the action sought should contact the Public
Utility Commission of Texas, by mail at P.O. Box 13326, Austin, Texas, 78711-3326,
or call the commission's Office of Customer Protection at (512) 936-7120.
Hearing and speech-impaired individuals with text telephone (TTY) may contact
the commission at (512) 936-7136.
TRD-9901912
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: March 30, 1999
Notice is given to the public of the filing with the Public Utility Commission
of Texas a petition for authority to refund over-collected fuel cost revenues
on March 25, 1999, pursuant to the Public Utility Regulatory Act, Texas Utilities
Code Annotated §36.203 (Vernon 1998).
Docket Style and Number: Petition of Texas Utilities Electric Company for
Authority to Refund an Over-Collection of Fuel Cost Revenues. Docket Control
Number 20666.
The Application: Texas Utilities Electric Company requests authority to
refund over- collected fuel cost revenues, pursuant to the Public Utility
Regulatory Act §36.203. Texas Utilities Electric Company does not request
a change in its fuel factors as a part of this proceeding.
Persons who wish to intervene in the proceeding or comment upon the action
sought should contact, not later than April 23, 1999, the Public Utility Commission
of Texas, PO Box 13326, Austin, Texas 78711-3326, or call the commission's
Office of Consumer Protection at (512) 936- 7120. Hearing- and speech-impaired
individuals with text telephones (TTY) may contact the commission at (512)
936-7136.
TRD-9901824
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: March 26, 1999
On March 25, 1999, Southwestern Bell Telephone Company and U S West Interprise
America, Inc. d/b/a !nterprise America, 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
20670. 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
20670. 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 22, 1999, and shall include:
1) a detailed statement of the person's interests in the agreement, including
a description of how approval of the agreement may adversely affect those
interests;
2) specific allegations that the agreement, or some portion thereof:
a) discriminates against a telecommunications carrier that is not a party
to the agreement; or
b) is not consistent with the public interest, convenience, and necessity;
or
c) is not consistent with other requirements of state law; and
3) the specific facts upon which the allegations are based.
After reviewing any comments, the commission will issue a notice of approval,
denial, or determine whether to conduct further proceedings concerning the
joint application. The commission shall have the authority given to a presiding
officer pursuant to P.U.C. Procedural Rule §22.202. The commission may
identify issues raised by the joint application and comments and establish
a schedule for addressing those issues, including the submission of evidence
by the applicants, if necessary, and briefing and oral argument. The commission
may conduct a public hearing. Interested persons who file comments are not
entitled to participate as intervenors in the public hearing.
Persons with questions about this project or who wish to comment on the
joint application should contact the Public Utility Commission of Texas, 1701
North Congress Avenue, P.O. Box 13326, Austin, Texas, 78711-3326. You may
call the Public Utility Commission Office of Customer Protection at (512)
936-7120. Hearing and speech-impaired individuals with text telephones (TTY)
may contact the commission at (512) 936-7136. All correspondence should refer
to Docket Number 20670.
TRD-9901908
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: March 30, 1999
On March 29, 1999, Southwestern Bell Telephone Company and Optel (Texas)
Telecom, 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 20673. 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
20673. 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 22, 1999, and shall include:
1) a detailed statement of the person's interests in the agreement, including
a description of how approval of the agreement may adversely affect those
interests;
2) specific allegations that the agreement, or some portion thereof:
a) discriminates against a telecommunications carrier that is not a party
to the agreement; or
b) is not consistent with the public interest, convenience, and necessity;
or
c) is not consistent with other requirements of state law; and
3) the specific facts upon which the allegations are based.
After reviewing any comments, the commission will issue a notice of approval,
denial, or determine whether to conduct further proceedings concerning the
joint application. The commission shall have the authority given to a presiding
officer pursuant to P.U.C. Procedural Rule §22.202. The commission may
identify issues raised by the joint application and comments and establish
a schedule for addressing those issues, including the submission of evidence
by the applicants, if necessary, and briefing and oral argument. The commission
may conduct a public hearing. Interested persons who file comments are not
entitled to participate as intervenors in the public hearing.
Persons with questions about this project or who wish to comment on the
joint application should contact the Public Utility Commission of Texas, 1701
North Congress Avenue, P.O. Box 13326, Austin, Texas, 78711-3326. You may
call the Public Utility Commission Office of Customer Protection at (512)
936-7120. Hearing and speech-impaired individuals with text telephones (TTY)
may contact the commission at (512) 936-7136. All correspondence should refer
to Docket Number 20673.
TRD-9901909
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: March 30, 1999
On March 22, 1999, Southwestern Bell Telephone Company and Hyperion Communications
of Texas, L.P., collectively referred to as applicants, filed a joint application
for approval of an existing interconnection agreement under §252(i) of
the federal Telecommunications Act of 1996, Public Law Number 104-104, 110
Statute 56, (codified as amended in scattered sections of 15 and 47 United
States Code) (FTA) and the Public Utility Regulatory Act, Texas Utilities
Code Annotated §§11.001-63.063 (Vernon 1998) (PURA). The joint application
has been designated Docket Number 20650. The joint application and the underlying
interconnection agreement are available for public inspection at the commission's
offices in Austin, Texas.
The commission must act to approve the interconnection agreement within
35 days after it is submitted by the parties.
The commission finds that additional public comment should be allowed before
the commission issues a final decision approving or rejecting the interconnection
agreement. Any interested person may file written comments on the joint application
by filing 13 copies of the comments with the commission's filing clerk. Additionally,
a copy of the comments should be served on each of the applicants. The comments
should specifically refer to Docket Number 20650. 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 22, 1999,
and shall include:
1) a detailed statement of the person's interests in the agreement, including
a description of how approval of the agreement may adversely affect those
interests;
2) specific allegations that the agreement, or some portion thereof:
a) discriminates against a telecommunications carrier that is not a party
to the agreement; or
b) is not consistent with the public interest, convenience, and necessity;
or
c) is not consistent with other requirements of state law; and
3) the specific facts upon which the allegations are based.
After reviewing any comments, the commission will issue a notice of approval,
denial, or determine whether to conduct further proceedings concerning the
joint application. The commission shall have the authority given to a presiding
officer pursuant to P.U.C. Procedural Rule §22.202. The commission may
identify issues raised by the joint application and comments and establish
a schedule for addressing those issues, including the submission of evidence
by the applicants, if necessary, and briefing and oral argument. The commission
may conduct a public hearing. Interested persons who file comments are not
entitled to participate as intervenors in the public hearing.
Persons with questions about this project or who wish to comment on the
joint application should contact the Public Utility Commission of Texas, 1701
North Congress Avenue, P.O. Box 13326, Austin, Texas, 78711-3326. You may
call the Public Utility Commission Office of Customer Protection at (512)
936-7120. Hearing and speech-impaired individuals with text telephones (TTY)
may contact the commission at (512) 936-7136. All correspondence should refer
to Docket Number 20650.
TRD-9901905
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: March 30, 1999
On March 24, 1999, Southwestern Bell Telephone Company and ClearSource,
Inc., collectively referred to as applicants, filed a joint application for
approval of an existing interconnection agreement under §252(i) of the
federal Telecommunications Act of 1996, Public Law Number 104-104, 110 Statute
56, (codified as amended in scattered sections of 15 and 47 United States
Code) (FTA) and the Public Utility Regulatory Act, Texas Utilities Code Annotated
§§11.001-63.063 (Vernon 1998) (PURA). The joint application has
been designated Docket Number 20663. The joint application and the underlying
interconnection agreement are available for public inspection at the commission's
offices in Austin, Texas.
The commission must act to approve the interconnection agreement within
35 days after it is submitted by the parties.
The commission finds that additional public comment should be allowed before
the commission issues a final decision approving or rejecting the interconnection
agreement. Any interested person may file written comments on the joint application
by filing 13 copies of the comments with the commission's filing clerk. Additionally,
a copy of the comments should be served on each of the applicants. The comments
should specifically refer to Docket Number 20663. 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 22, 1999,
and shall include:
1) a detailed statement of the person's interests in the agreement, including
a description of how approval of the agreement may adversely affect those
interests;
2) specific allegations that the agreement, or some portion thereof:
a) discriminates against a telecommunications carrier that is not a party
to the agreement; or
b) is not consistent with the public interest, convenience, and necessity;
or
c) is not consistent with other requirements of state law; and
3) the specific facts upon which the allegations are based.
After reviewing any comments, the commission will issue a notice of approval,
denial, or determine whether to conduct further proceedings concerning the
joint application. The commission shall have the authority given to a presiding
officer pursuant to P.U.C. Procedural Rule §22.202. The commission may
identify issues raised by the joint application and comments and establish
a schedule for addressing those issues, including the submission of evidence
by the applicants, if necessary, and briefing and oral argument. The commission
may conduct a public hearing. Interested persons who file comments are not
entitled to participate as intervenors in the public hearing.
Persons with questions about this project or who wish to comment on the
joint application should contact the Public Utility Commission of Texas, 1701
North Congress Avenue, P.O. Box 13326, Austin, Texas, 78711-3326. You may
call the Public Utility Commission Office of Customer Protection at (512)
936-7120. Hearing and speech-impaired individuals with text telephones (TTY)
may contact the commission at (512) 936-7136. All correspondence should refer
to Docket Number 20663.
TRD-9901906
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: March 30, 1999
On March 24, 1999, Southwestern Bell Telephone Company and Sandstream Communications
and Entertainment, Inc., collectively referred to as applicants, filed a joint
application for approval of an existing interconnection agreement under §252(i)
of the federal Telecommunications Act of 1996, Public Law Number 104-104,
110 Statute 56, (codified as amended in scattered sections of 15 and 47 United
States Code) (FTA) and the Public Utility Regulatory Act, Texas Utilities
Code Annotated §§11.001-63.063 (Vernon 1998) (PURA). The joint application
has been designated Docket Number 20664. The joint application and the underlying
interconnection agreement are available for public inspection at the commission's
offices in Austin, Texas.
The commission must act to approve the interconnection agreement within
35 days after it is submitted by the parties.
The commission finds that additional public comment should be allowed before
the commission issues a final decision approving or rejecting the interconnection
agreement. Any interested person may file written comments on the joint application
by filing 13 copies of the comments with the commission's filing clerk. Additionally,
a copy of the comments should be served on each of the applicants. The comments
should specifically refer to Docket Number 20664. 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 22, 1999,
and shall include:
1) a detailed statement of the person's interests in the agreement, including
a description of how approval of the agreement may adversely affect those
interests;
2) specific allegations that the agreement, or some portion thereof:
a) discriminates against a telecommunications carrier that is not a party
to the agreement; or
b) is not consistent with the public interest, convenience, and necessity;
or
c) is not consistent with other requirements of state law; and
3) the specific facts upon which the allegations are based.
After reviewing any comments, the commission will issue a notice of approval,
denial, or determine whether to conduct further proceedings concerning the
joint application. The commission shall have the authority given to a presiding
officer pursuant to P.U.C. Procedural Rule §22.202. The commission may
identify issues raised by the joint application and comments and establish
a schedule for addressing those issues, including the submission of evidence
by the applicants, if necessary, and briefing and oral argument. The commission
may conduct a public hearing. Interested persons who file comments are not
entitled to participate as intervenors in the public hearing.
Persons with questions about this project or who wish to comment on the
joint application should contact the Public Utility Commission of Texas, 1701
North Congress Avenue, P.O. Box 13326, Austin, Texas, 78711-3326. You may
call the Public Utility Commission Office of Customer Protection at (512)
936-7120. Hearing and speech-impaired individuals with text telephones (TTY)
may contact the commission at (512) 936-7136. All correspondence should refer
to Docket Number 20664.
TRD-9901907
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: March 30, 1999
On March 29, 1999, Advanced Communications Group, Inc. and GTE Southwest,
Inc., collectively referred to as applicants, filed a joint application for
approval of an interconnection agreement under §252(i) of the federal
Telecommunications Act of 1996, Public Law Number 104-104, 110 Statute 56,
(codified as amended in scattered sections of 15 and 47 United States Code)
(FTA) and the Public Utility Regulatory Act, Texas Utilities Code Annotated
§§11.001-63.063 (Vernon 1998) (PURA). The joint application has
been designated Docket Number 20676. The joint application and the underlying
interconnection agreement are available for public inspection at the commission's
offices in Austin, Texas.
The commission must act to approve the interconnection agreement within
35 days after it is submitted by the parties.
The commission finds that additional public comment should be allowed before
the commission issues a final decision approving or rejecting the interconnection
agreement. Any interested person may file written comments on the joint application
by filing 13 copies of the comments with the commission's filing clerk. Additionally,
a copy of the comments should be served on each of the applicants. The comments
should specifically refer to Docket Number 20676. 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 22, 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 20676.
TRD-9901910
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: March 30, 1999
On March 29, 1999, Level 3 Communications, LLC and GTE Southwest, Inc.,
collectively referred to as applicants, filed a joint application for approval
of an interconnection agreement under §252(i) of the federal Telecommunications
Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended
in scattered sections of 15 and 47 United States Code) (FTA) and the Public
Utility Regulatory Act, Texas Utilities Code Annotated §§11.001-
63.063 (Vernon 1998) (PURA). The joint application has been designated Docket
Number 20677. The joint application and the underlying interconnection agreement
are available for public inspection at the commission's offices in Austin,
Texas.
The commission must act to approve the interconnection agreement within
35 days after it is submitted by the parties.
The commission finds that additional public comment should be allowed before
the commission issues a final decision approving or rejecting the interconnection
agreement. Any interested person may file written comments on the joint application
by filing 13 copies of the comments with the commission's filing clerk. Additionally,
a copy of the comments should be served on each of the applicants. The comments
should specifically refer to Docket Number 20677. 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 22, 1999,
and shall include:
1) a detailed statement of the person's interests in the agreement, including
a description of how approval of the agreement may adversely affect those
interests;
2) specific allegations that the agreement, or some portion thereof:
a) discriminates against a telecommunications carrier that is not a party
to the agreement; or
b) is not consistent with the public interest, convenience, and necessity;
or
c) is not consistent with other requirements of state law; and
3) the specific facts upon which the allegations are based.
After reviewing any comments, the commission will issue a notice of approval,
denial, or determine whether to conduct further proceedings concerning the
joint application. The commission shall have the authority given to a presiding
officer pursuant to P.U.C. Procedural Rule §22.202. The commission may
identify issues raised by the joint application and comments and establish
a schedule for addressing those issues, including the submission of evidence
by the applicants, if necessary, and briefing and oral argument. The commission
may conduct a public hearing. Interested persons who file comments are not
entitled to participate as intervenors in the public hearing.
Persons with questions about this project or who wish to comment on the
joint application should contact the Public Utility Commission of Texas, 1701
North Congress Avenue, P.O. Box 13326, Austin, Texas, 78711-3326. You may
call the Public Utility Commission Office of Customer Protection at (512)
936-7120. Hearing and speech-impaired individuals with text telephones (TTY)
may contact the commission at (512) 936-7136. All correspondence should refer
to Docket Number 20677.
TRD-9901911
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: March 30, 1999
Correction of Error
Due to error by the Texas Register, in the March 26, 1999, issue of the
The correct rule which was withdrawn was §7.60.
Notice of Availability, Request for Public Comment and Notice of Public Hearing
The Texas State Soil and Water Conservation Board (Board) announces the
availability of a draft document, The State Brush Control Plan, for public
review and comment. The plan is being developed and a public hearing will
be held under authority of §§203.051-052 of the Agriculture Code
of Texas. This section directs the Board to prepare and adopt a State Brush
Control Plan and conduct a public hearing.
Written comments will be accepted for a period of 30 days from the date
this notice is published. A revised draft of the document will then be produced
taking these comments into consideration. A final brush control plan will
be adopted by July 21, 1999.
The draft document is available by contacting Richard Egg at 254/773-2250.
Comments on the document should be submitted to Mr. Egg, Texas State Soil
and Water Conservation Board, P.O. Box 658, Temple, Texas 76503-0658. The
deadline for comments is 5:00 p.m., Friday, May 14, 1999.
The Board will conduct a public hearing on May 19, 1999, at 1:30 p.m. in
the State Board office building, Hearings Room at 311 North 5th Street, Temple,
Texas, to receive comments from the public on the State Brush Control Plan.
Any person may appear and offer comments or statements either verbally
or in wiring; however, questioning of commenters will be reserved exclusively
to the Board or its staff as may be necessary to ensure a complete record.
While any person with relative comments or statements will be granted an opportunity
to present them during the course of the hearing, the Board reserves the right
to restrict statements in terms of time or repetitive content. Persons wishing
to appear and offer comments at the hearing are encouraged to notify the Board
in writing by May 14, 1999.
Persons with disabilities who plan to attend this hearing and who may need
auxiliary aids, services or special accommodations are requested to contact
Victoria Gutierrez at 254/773-2250 at least two working days prior to the
hearing.
TRD-9901828
Robert G. Buckley
Executive Director
Texas State Soil and Water Conservation Board
Filed: March 29, 1999
Office of Consumer Credit Commissioner
Office of the Governor-Criminal Justice Division
Residential Substance Abuse Treatment (RSAT) for Adults and Juveniles In Correctional Facilities
Texas Department of Health
Notice of Emergency Cease and Desist Order on Downtown Plaza Imaging Center
Notice of Request for Proposals for Projects to Provide a Community-based Breastfeeding Pilot Project for the Texas Special Supplemental Nutrition Program for Women, Infants, and Children
Notice of Revocation of the Industrial Radiographer Identification Card of Darrell Paul Thrash
Texas Higher Education Coordinating Board
Texas Department of Housing and Community Affairs
Texas Department of Insurance
Notices
Third Party Administrator Applications
Texas Department of Mental Health and Mental Retardation
Texas Natural Resource Conservation Commission
Correction of Error
Enforcement Orders
Notice of Application for Industrial Hazardous Waste Permits/Compliance Plans and Underground Injection Control Permits
Notices of Applications for Municipal Solid Waste Management Facility Permit
Notice of Public Hearing (Chapters 39, 281, and 305)
Notice of Public Hearing (Chapter 113)
Notice of Public Hearing (Chapter 312)
Notice of Public Hearing (Collin County Lead SIP)
Notice of Water Quality and Concentrated Animal Feeding Operation Applications
Notice of Water Quality Applications
Provisionally-Issued Temporary Permits to Appropriate State Water
Texas State Board of Examiners of Psychologists
Texas Department of Public Safety
Public Utility Commission of Texas
Notice of Application for Amendment to Service Provider Certificate of Operating Authority
Notice of Application for Service Provider Certificate of Operating Authority
Notice of Application to Amend Certificate of Convenience and Necessity
Notice of Fuel Reconciliation and Voluntary Base Rate Reduction
Notices of Intent to File Pursuant to P.U.C. Substantive Rule §23.27
Notice of Petition for Authority to Refund Fuel Cost Revenues
Public Notices of Amendments to Interconnection Agreements
Public Notices of Interconnection Agreements
Railroad Commission of Texas
Texas State Soil and Water Conservation Board
State Board of Examiners for Speech-Language Pathology and Audiology