State Auditor's Office
Request for Proposal - Auditing Services
Notice of Invitation for
Proposal.
The Texas State Auditor's Office (SAO) is soliciting
proposals from independent certified public accountants (auditor) to perform
auditing and accounting professional services related to the fiscal year ended
August 31, 1999, Financial Statement Audit of the Teacher Retirement System
of Texas (TRS).
Nature of Services Required
The selected external auditor, and potential contractor, will conduct professional
audit services under the direction of the SAO project manager, which may include,
but are not limited to the following:
Conduct audit procedures, as outlined in the SAO's audit plan, related
to the client's material cash balance accounts to ensure that the reported
amount is free from material misstatements. Audit procedures include documenting
and assessing the internal control systems associated with cash balances as
required by the Codification of Statements on Auditing Standards AU Section
319 in effect for the audit period in addition to appropriate substantive
procedures. The anticipated time commitment for this assignment is approximately
20 work hours.
Conduct audit procedures, as outlined in the SAO'S audit plan, related
to specified client contribution (revenue) accounts to ensure that the reported
amounts are free from material misstatement. Audit procedures include documenting
and assessing the internal control systems associated with specified contribution
revenue of the Pension and Insurance Funds as required by the Codification
of Statements on Auditing Standards AU Section 319 in effect for the audit
period in addition to appropriate substantive procedures. The anticipated
time commitment for this assignment is approximately 120 work hours.
Conduct audit procedures, as outlined in the SAO'S audit plan, related
to the client's material receivable accounts to ensure that the reported amounts
are free from material misstatements. Audit procedures include coordinating
and reviewing internal control work completed by the SAO that documents the
internal control systems associated with material receivable accounts for
the Pension and Insurance Funds as required by the Codification of Statements
on Auditing Standards AU Section 319 in effect for the audit period in addition
to appropriate substantive procedures. The anticipated time commitment for
this assignment is approximately 40 work hours.
Conduct audit procedures, as outlined in the SAO'S audit plan, related
to the client's material liability accounts to ensure that the reported amounts
are free from material misstatements. Audit procedures include coordinating
and reviewing internal control work completed by the SAO that documents the
internal control systems associated with material liability accounts for the
Pension and Insurance Funds as required by the Codification of Statements
on Auditing Standards AU Section 319 in effect for the audit period in addition
to appropriate substantive procedures. The anticipated time commitment for
this assignment is approximately 25 work hours.
Conduct audit procedures, as outlined by the SAO'S audit plan, related
to documenting an understanding of the client's journal voucher procedures.
This will include conducting a preliminary and final assessment of the journal
voucher internal controls, as required by the Codification of Statements on
Auditing Standards AU Section 319 in effect for the audit period in addition
to appropriate test of controls. The anticipated time commitment for this
assignment is approximately 35 work hours.
Conduct audit procedures, as outlined by the SAO'S audit plan, related
to the client's allocation of Net Assets Held In Trust For Pension Benefits.
Audit procedures include determining whether the client has complied with
applicable statutes related to the allocation of income and transfers to required
Pension Fund sub-accounts. The anticipated time commitment for this assignment
is approximately 20 work hours.
Contractor may perform alternative and/or additional work as needed and
as directed by the project manager and/or audit manager.
HUB Participation
Historically underutilized businesses are encouraged to submit proposals.
Working Paper Documentation
It is expected that the audit work conducted will be appropriately documented
using SAO automated working papers. The SAO will provide automated working
paper training. The contractor must attend this training. All completed automated
and manual (if any) working papers will be reviewed by the project manager
or other SAO staff members. These automated and manual (if any) working papers
will become the property of the SAO and will be used to support the final
independent auditor's report and opinion on TRS's financial statements. The
SAO's working papers are deemed confidential by law pursuant to Government
Code, Chapter 552 (Texas Open Records Act).
Proposal Instructions.
Any inquiries concerning this Request for Proposal should be
directed to Robin Smith at (512) 479-4913 or Carol Smith at (512) 479 4732.
Please mail all information request to: Texas State Auditor's Office, P.O.
Box 12067, Austin, TX 78711-2067, ATTN: Robin Smith.
The Proposal should be typed, preferably doubled spaced, with all pages
sequentially numbered and either stapled or bound together. Please include
the following information:
Breakdown of fees and related costs (travel expenses, if applicable, will
be considered separately)
Estimated minimum, average, and maximum weekly billable hours to be committed
to this project
Description of the information and assistance expected from the SAO
Qualifications (education and experience) of the auditor
Three (3) clients/references, including current phone number, who can attest
to the auditor's ability to perform such an audit
An affirmative statement that the auditor is independent of TRS
An affirmative statement that the auditor is properly licensed to practice
public accounting in Texas
If applicable and available, a copy of the report on the most recent external
quality control review
Closing Date for Request
of Proposals.
Written proposals offering to provide the requested
services must be either hand-delivered to the State Auditor's Office at 206
E. 9th Street, 19th Floor, Austin, Texas, between the hours of 8 a.m. and
5 p.m., Monday - Friday, or sent by certified mail to the address specified
above. Proposals must be received no later than 5 p.m. on August 27, 1999,
except that proposals postmarked on or before August 27, 1999, and received
subsequent to the closing date will also be considered.
Selection Process/Selection
Criteria
The proposals will be reviewed by SAO staff members.
Selection will be based on ability of the respondent to demonstrate applicable
experience and an understanding of Government Auditing Standards issued by
the Comptroller General of the United States and governmental accounting and
financial reporting standards. Other factors include demonstrated competence,
completeness of response, reasonableness of proposed fee, and availability
of staff.
The SAO intends to award this contract to the firm of Cyprain Ihekwoaba
& Associates, Inc., which previously performed these services unless a
better offer is received.
Project Timing and Cost.
The time frame for conducting the audit assignments will be
between mid September to mid November 1999. The SAO estimates that these audit
services will require a maximum of 260 hours to complete. The SAO project
manager must be notified when a total of 200 is reached and given an assessment
of whether the audit procedures remaining will require more than the maximum
260 hours to complete. A decision will then be made by all parties as to whether
additional hours will be allowed.
General Terms and Conditions.
The SAO reserves the exclusive right to accept or reject any
or all proposals submitted, and to determine whether proposals substantially
comply with this Request for Proposal. Issuance of this Request for Proposal
in no way obligates the SAO to enter into a contract or to pay any costs associated
with the preparation of proposals. These instructions are intended solely
to serve as a general description of the contemplated services. The SAO intends
to use proposals as a basis for further negotiation with offerors, and may
in its sole discretion modify any terms, conditions, project details, or time
lines specified in these instructions if considered advisable to do so.
TRD-9904517
Leticia E. Flores
Staff Attorney
State Auditor's Office
Filed: July 27, 1999
Notice and Opportunity to Comment on Requests for Consistency Agreement/Concurrence under the Texas Coastal Management Program
On January 10, 1997, the State of Texas received federal approval of the
Coastal Management Program (CMP) (62 Federal Register pp. 1439-1440). Under
federal law, federal agency activities and actions affecting the Texas coastal
zone must be consistent with the CMP goals and policies identified in 31 TAC
Chapter 501. Requests for federal consistency review were received for the
following projects(s) during the period of July 16, 1999, through July 23,
1999:
FEDERAL AGENCY ACTIONS:
Applicant: Sheridan Energy, Inc.; Location: The project is located in the
William Baxter Survey, A-4, at Latitude 28 47'41.805" and Longitude 95 36'18.586",
approximately 4.5 miles southeast of Sargent, Matagorda County, Texas. The
USGS Quad Reference Map for this location is Cedar Lakes West; CCC Project
Number: 99-0258-F1; Description of Proposed Action: The applicant proposes
to impact adjacent wetlands to construct a typical land drilling rig for directional
drilling operations, production facility and appurtenant structures, and a
board access roadway in wetlands adjacent to the Gulf Intracoastal Waterway.
The drilling area will consist of a 150-foot-square board pad surrounded by
4-foot-high levees that will be 280 feet by 280 feet; Type of Application:
U.S.A.C.E. permit application #21717 under §10 of the Rivers and Harbors
Act of 1899 (33 U.S.C.A. 403), and §404 of the Clean Water Act (33 U.S.C.A.
§§125-1387).
Applicant: Duane Corley; Location: The project is located on the Gulf Intracoastal
Waterway (GIWW) at its intersection with FM 2031, south of Matagorda, Matagorda
County, Texas; CCC Project Number: 99-0259-F1; Description of Proposed Action:
The applicant proposes to mechanically excavate a 120-foot-wide by 700-foot-long
area in an existing boat basin to restore waters depths to an average of -6
feet mean low tide; Type of Application: U.S.A.C.E. permit application #21747
§10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. 403), and §404
of the Clean Water Act (33 U.S.C.A. §§125-1387).
Applicant: Vastar Resources, Inc.; Location: The project site is located
in the Sabine Pass Anchorage Area, Block 6, offshore Texas, Gulf of Mexico;
CCC Project Number: 99-0260-F1; Description of Proposed Action: The applicant
proposes to amend Department of the Army Permit Number 21026 to relocate a
previously authorized well. The applicant now proposes to drill Well Number
1 at a location 4700' FNL and 775' FEL of Sabine Pass Block 6 or X=1228338.184'
and Y=344816.096'. The new well site is located within the boundaries of a
federally regulated anchorage area, approximately 1,713 feet from a safety
fairway, in approximately 32 feet of water. Type of Application: U.S.A.C.E.
permit application #21026(01) under §10 of the Rivers and Harbors Act
of 1899 (33 U.S.C.A. 403).
Pursuant to §306(d)(14) of the Coastal Zone Management Act of 1972
(16 U.S.C.A. §§1451-1464), as amended, interested parties are invited
to submit comments on whether a proposed action is, or is not consistent with
the Texas Coastal Management Program goals and policies, and whether the action
should be referred to the Coastal Coordination Council for review. Further
information for the applications listed above may be obtained from Ms. Janet
Fatheree, Council Secretary, Coastal Coordination Council, 1700 North Congress
Avenue, Room 617, Austin, Texas 78701-1495, or janet.fatheree@glo.state.tx.us.
Persons are encouraged to submit written comments as soon as possible within
30 days of publication of this notice. Comments should be sent to Ms. Fatheree
at the above address or by fax at 512/475-0680.
TRD-9904524
Larry R. Soward
Chief Clerk, General Land Office
Coastal Coordination Council
Filed: July 28, 1999
Local Sales Tax Rate Changes Effective July 1, 1999-Revised
[graphic]
TRD-9904535
Martin Cherry
Special Counsel
Comptroller of Public Account
Filed: July 28, 1999
The Comptroller of Public Accounts, administering agency for the collection
of the Coastal Protection Fee, has received certification from the Commissioner
of the General Land Office that the balance in the Coastal Protection Fund
has exceeded the maximum amount allowed by law.
Pursuant to the Natural Resource Code, §40.155 and §40.156, the
comptroller hereby provides notice of the suspension of the coastal protection
fee effective September 1, 1999.
No fee shall be collected or required to be paid on crude oil transferred
to or from a marine terminal on or after September 1, 1999, or until notice
of the reinstatement of the fee is published in the
Texas Register
.
Inquiries should be directed to Bryant K. Lomax, Manager, Tax Policy Division,
P.O. Box 13528, Austin, Texas, 78711-3528.
TRD-9904429
Martin Cherry
Special Counsel
Comptroller of Public Accounts
Filed: July 22, 1999
In accordance with the provisions of Chapter 2254, Subchapter B of the
Texas Government Code, the Comptroller of Public Accounts announces this notice
of consultant contract award.
The consultant proposal request was published in the June 4, 1999, issue
of the
Texas Register
(24 TexReg 4283).
The consultant will assist the Comptroller in providing a risk assessment
of network devices and resources, including identification of current vulnerable
areas. Consultant will recommend a security infrastructure for the agency's
internet server so it can support secure financial or confidential transactions
by taxpayers and vendors.
The contract is awarded to Amdahl Corporation, 816 Congress Avenue #1100,
Austin, Texas, 78701. The total dollar value of the contract is not to exceed
$79,800.00 in the aggregate. The contract was executed July 26, 1999, and
extends through August 31, 1999. Amdahl Corporation will prepare a final report
which will be delivered to the Comptroller on or about August 31, 1999.
TRD-9904536
David R. Brown
Legal Counsel
Comptroller of Public Accounts
Filed: July 28, 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 Articles 1D.003 and 1D.009 for the
period of 08/02/99 - 08/08/99 is 18% for Consumer
1
/Agricultural/Commercial
2
/credit thru
$250,000.
The weekly ceiling as prescribed by Articles 1D.003 and 1D.009 for the
period of 08/02/99 - 08/08/99 is 18% for Commercial over $250,000.
The monthly ceiling as prescribed by Articles 1D.005 and 1D.009
3
for the period of 08/01/99 - 08/31/99 is 18% for Consumer/Agricultural/Commercial/credit
thru $250,000.
The monthly ceiling as prescribed by Articles 1D.005 and 1D.009 for the
period of 08/01/99 - 08/31/99 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-9904512
Leslie L. Pettijohn
Commissioner
Office of Consumer Credit Commissioner
Filed: July 27, 1999
Public Notice-Request for Proposals for Temporary Staffing Agent Services
The East Texas Workforce Development Area is soliciting proposals to provide
temporary personnel and staffing services for approximately 30 professional
and clerical positions stationed in Athens, Texas for a period of three to
six months, beginning September 1, 1999. Provision of these services will
involve a contract with the East Texas Council of Governments, which serves
as the grant recipient and administrative unit for the East Texas Workforce
Development Board.
Persons or organizations wanting to receive a Request for Proposals (RFP)
should request by letter or by fax. Request should be addressed to Gary Allen,
Section Chief - Planning and Board Support, workforce Development Programs,
East Texas Council of Governments, 3800 Stone Road, Kilgore, Texas 75662.
RFP's will not be released prior to July 22, 1999. It is anticipated that
proposals will be due on July 30, 1999.
Questions concerning the Request for Proposals process should be addressed
to Wendell Holcombe, east Texas Council of Governments, at (903) 984-8641.
TRD-9904449
Glynn Knight
Executive Director
East Texas Council of Governments
Filed: July 23, 1999
Notice Clarifying Procedures for Requesting Proposal #701-99-024
Eligible Applicants. The Texas Education Agency (TEA) published Request
for Proposals (RFP) #701-99-013, concerning T-STAR Digital Television Studio,
Satellite Uplink, Downlink Equipment, and Transponder Services in the June
18, 1999, issue of the
Texas Register
(24
TexReg 4608). The TEA filed a notice of correction in the July 2, 1999, issue
of the
Texas Register
(24 TexReg 5044) extending
the deadline for receiving applications from July 23, 1999, to August 20,
1999, and changing the date of the bidders conference from July 8, 1999, to
July 29, 1999. The TEA also filed a notice of correction amending funding
information in the July 16, 1999, issue of the
Texas
Register
(24 TexReg 5575).
The TEA is clarifying the procedures for requesting an official copy of
RFP #701-99-013. Vendors submitting an RFP must officially request a complete
copy of RFP #701-99-013 by writing the Document Control Center, Room 6-108,
Texas Education Agency, William B. Travis Building, 1701 North Congress Avenue,
Austin, Texas 78701, or by calling (512) 463-9304. Please refer to the RFP
number in your request. The T-STAR RFP available at www.marketplace.state.tx.us
in a portable document format (PDF) version cannot be submitted as an official
proposal.
Further Information. For clarifying information about the RFP, contact
John Lopez, Division of Instructional Technology, Texas Education Agency,
(512) 305-9199.
TRD-9904541
Criss Cloudt
Associate Commissioner, Policy Planning and Research
Texas Education Agency
Filed: July 28, 1999
Eligible Applicants. The Texas Education Agency (TEA) is requesting applications
under Request for Applications (RFA) #701-99-023 from public school districts
and open-enrollment charter schools to participate in technology pilot projects.
Description. The TEA will conduct approximately 25 educational technology
pilots across a representative cross section of Texas school districts and
open-enrollment charter schools. The purpose of these pilots is to examine
the effectiveness of using various technologies to deliver substantial curriculum
content to students and to improve student learning.
The pilots will examine the cost and efficacy of using technology to deliver
curriculum that has traditionally been delivered through print media. The
pilots will draw on various technologies and involve hardware and curriculum
products from numerous vendors.
Dates of Project. The EdTech PILOTS (Providing Increased Learning Opportunities
for Texas Students) will be implemented during the 1999-2001 school years.
Applicants should plan for a starting date of no earlier than October 18,
1999, and an ending date of no later than August 31, 2001.
Project Amount. Funding will be provided for approximately 25 projects.
Each project will receive approximately $45,000 for each of the 1999-2000
and 2000-2001 school years. Project funding in the second year will be based
on satisfactory progress of the first-year objectives and activities.
Selection Criteria. Applications will be selected based on the ability
of each applicant to carry out all requirements contained in the RFA. The
TEA reserves the right to select from the highest-ranking applications those
that address all requirements in the RFA and that are most advantageous to
the project.
The TEA is not obligated to approve an application, provide funds, or endorse
any application submitted in response to this RFA. This RFA does not commit
TEA to pay any costs before an application is approved. The issuance of this
RFA does not obligate TEA to award a grant or pay any costs incurred in preparing
a response.
Requesting the Application. A complete copy of RFA #701-99-023 may be obtained
by writing the: Document Control Center, Room 6-108, Texas Education Agency,
William B. Travis Building, 1701 North Congress Avenue, Austin, Texas 78701;
by calling (512) 463-9304; or by faxing the request to (512) 463-9811. Please
refer to the RFA number in your request.
Further Information. For clarifying information about the RFA, contact
Nancy Little, Division of Instructional Technology, Texas Education Agency,
(512) 936-2264.
Deadline for Receipt of Applications. Applications must be received in
the Document Control Center of the Texas Education Agency by 5:00 p.m. (Central
Time), Friday, September 24, 1999, to be considered.
TRD-9904540
Criss Cloudt
Associate Commissioner, Policy Planning and Research
Texas Education Agency
Filed: July 28, 1999
The Texas Education Agency (TEA) is requesting comments from interested
vendors on the draft technical content that will be included in the Request
for Proposals for the Public Access Initiative project.
The Public Access Initiative (PAI) is a set of programs and projects designed
to meet the TEA's Long-Range Plan for Technology. When implemented, the PAI
will provide campuses, school districts, education service centers, state
officials, and other public education stakeholders across the state with access
to timely information for educational planning and decision making. This information,
currently collected through several separate TEA business applications, will
be merged and integrated in order to support comparative and longitudinal
analysis.
The PAI project consists of a data warehouse, three data marts, and an
education related Internet portal.
Interested vendors may review the draft technical content at http://pai.tea.state.tx.us.
A copy of the draft technical content may also be obtained by writing the
Texas Education Agency, Public Access Initiative Division, 1701 North Congress
Avenue, Austin, Texas 78701. Comments on the draft technical content may be
submitted in writing to Belinda Dyer, Texas Education Agency, Public Access
Initiative Division, 1701 North Congress Avenue, Austin, Texas 78701 or electronically
at pai-comments@tmail.tea.state.tx.us. Comments on the draft technical content
must be received by Friday, August 13, 1999, to be considered.
Comments, questions, and responses may be posted at http://pai.tea.state.tx.us
in the vendor area. The source of the comments or questions will be included
on the web site but will not be tied to a specific vendor. The names of all
vendors providing comments or questions will be posted on the web site, unless
the vendor specifies otherwise.
For clarifying information, please contact Belinda Dyer, Texas Education
Agency, Public Access Initiative Division, 1701 North Congress Avenue, Austin,
Texas 78701, (512) 475-3451.
TRD-9904539
Criss Cloudt
Associate Commissioner, Policy Planning and Research
Texas Education Agency
Filed: July 28, 1999
Correction of Errors
The Finance Commission of Texas proposed amendments to §§3.36-3.38.
The rules appeared in the July 9, 1999, issue of the
Texas Register
(24 TexReg 5097).
Due to Texas Register error, on page 5097, §3.36(j), the subsection
should have been published as new text.
The Finance Commission of Texas adopted new §29.11. The rule appeared
in the July 9, 1999, issue of the
Texas Register
(24 TexReg 5182).
Due to Texas Register error, on page 5182, preamble, first paragraph, the
adopting agency should be “Finance Commission of Texas” instead
of “Texas Department of Banking”.
Notice of Correction of Error to the Notice of Request for Proposals for the Texas Diabetes Prevention and Control Initiative
A Notice of Request for Proposals for the Texas Diabetes Prevention and
Control Initiative was published in the July 16, 1999, issue of the
For further information, please contact Ms. Nancy Stancic, Program Specialist,
Texas Diabetes Program/Council, Texas Department of Health, 1100 West 49th
Street, Austin, Texas 78756, at (512) 458-7490 or at Email: nancy.stancic@tdh.state.tx.us.
TRD-9904456
Susan K. Steeg
General Counsel
Texas Department of Health
Filed: July 26, 1999
Requests for Proposals for Management Services
The Health and Human Services Commission (HHSC) is requesting proposals
in response to a Requests for Proposals (RFP) for management services for
the Children's Health Insurance Program (CHIP), as authorized by Title XXI
of the Social Security Act.
The RFP will be available on the HHSC website at
http://www.hhsc.state.tx.us
beginning August 12, 1999. Interested parties
may also obtain copies of the RFP at the offices of HHSC, 4900 North Lamar
Boulevard, Fourth Floor, Austin, Texas, 78751.
Proposals should be submitted in accordance with the requirements in the
RFP by
5:00 p.m., Central Time, September 4, 1999
,
to Elizabeth Stanford, Children's Health Insurance Program, HHSC, 4900 North
Lamar Boulevard, Fourth Floor, Austin, Texas, 78751, (512) 424-6568, or e-mail:
TRD-9904543
Marina S. Henderson
Executive Deputy Commissioner
Health and Human Services Commission
Filed: July 28, 1999
Public Hearing-Special Nutrition Program
The Texas Department of Human Services (TDHS) will conduct two public hearings
to receive comments for assisting TDHS Special Nutrition Programs in planning
and implementing House Bill (HB) 0937 passed in 76th Regular Session of the
Texas Legislature. The law provides funds for the Summer Food Service Program
(SFSP) to increase participation, expand outreach and supplement reimbursement
rates for meals. It also clarifies the responsibilities of the Special Nutrition
Programs Advisory Committee and authorizes electronic exchange of information
between the department and Child and Adult Care Food Program contractors.
There will be copies of the bill at the hearings or it may be accessed via
www.dhs.state.tx.us/programs/snp.
Hearings will be held on August 18, 1999 in Arlington, Texas at the Arlington
Community Center, 2800 South Center Street and on August 19, 1999 in Houston,
Texas at the University of Houston's Hilton Hotel, 4800 Calhoun Road Morning
sessions will begin at 10:00 a.m. and be devoted to SFSP provisions; afternoon
sessions will begin at 2:00 p.m. and be devoted to other provisions of the
bill. Speakers may begin to register thirty minutes before each session.
If you are unable to attend the hearing, but wish to make recommendations
regarding House Bill 0937, please submit them in writing to Sally Foshko,
Director of Special Nutrition Programs, Texas Department of Human Services,
P.O. Box 149030, Mail Code Y-904, Austin, Texas, 78714-9030.
Persons with disabilities planning to attend this hearing, who may need
auxiliary aids or services are asked to contact Jackie Allen at (512) 483-3941
by August 9, 1999.
TRD-9904457
Paul Leche
Agency Liaison
Texas Department of Human Services
Filed: July 26, 1999
Notice of Hearings
The Commissioner of Insurance or his designee at a public hearing under
Docket Number 2416 scheduled for September 7, 1999 at 9:00 a.m. in Room 100
of the Texas Department of Insurance Building, 333 Guadalupe Street in Austin
Texas will consider amendments proposed by the staff of the Workers' Compensation
Division to the Texas Basic Manual of Rules, Classifications and Experience
Rating Plan for Workers' Compensation and Employers' Liability Insurance (Manual).
The purposes of these amendments to the Manual are to add, amend and delete
rules as necessary, to eliminate conflicting language within the Manual and
to provide clarification to rules, endorsements and forms by amending existing
language.
The proposed changes by the staff are summarized as follows: 1. Clarify
that the rules contained in the Manual are to be read in harmony with the
standard workers' compensation policy language, adopted endorsements, the
workers' compensation law and the Texas Insurance Code; 2. Amend the classification
used in the example to reflect a classification that includes shop operations;
3. Clarify that a safety award received by an employee as a supplement to
his/her wages, is not considered remuneration for purposes of calculating
workers' compensation premium; 4. Clarify that the formula contained in the
rule is used to determine the basis of premium to calculate workers' compensation
premium if there are no verifiable payroll records for leased or rented vehicles
that operate under Code 7382; 5. Clarify that the expense constant is not
used in determining premium discount, experience rating modification, retrospective
rating or premium incentives for small employers; 6. Clarify that the minimum
premium shall be pro-rated on policies issued for a period less than one year;
7. Delete the entire section on Texas Maintenance Tax Surcharge Recoupment
and other references to the Maintenance Tax Surcharge throughout the Manual;
8. State in the rules that insurance companies are responsible for maintaining
documentation to support schedule ratings; 9. State in the rules that if a
policy is written for a period less than one year or is cancelled prior to
the expiration date, the premium on the policy is projected to a full year
to determine eligibility for the premium incentive for small employers; 10.
Add a new section to the Experience Rating Plan that allows for a preliminary
modifier to be calculated when new experience rating values are not available;
11. Once new experience rating values have been approved, then it may be necessary
to recalculate the modifier; 12. Clarify that test modifiers for interstate
rated risks cannot be negotiated or used in calculating premium; 13. Delete
the Employers' Liability Coverage Endorsement WC 00 03 03 as it is not applicable.
The rule that allowed an employers' liability only policy to be sold in Texas
was eliminated from the Manual effective 1-1-94; 14. Amend the language in
the Cancellation section of the Texas Amendatory Endorsement to conform to
the language set forth in the Texas Labor Code concerning cancellation of
workers' compensation policies; 15. Add language to Texas Aggregate Deductible
Endorsement and Texas Accident/Aggregate Deductible Endorsement stating that
if the policyholder cancels the policy, the aggregate deductible will not
be reduced to a pro rata amount based on the time the policy was in force.
This change eliminates a conflict that exists between the rule and the endorsement;
16. Add the standard workers' compensation policy as adopted by the Commissioner
to the Forms Section of the Manual. Several clerical errors are being corrected
with the adoption of the policy into the Forms Section of the Manual; 17.
Add the Information Page to the Forms Section of the Manual; and 18. Make
editorial changes throughout the Manual to correct punctuation, typographical
errors, reference to the statutes and reference to rules contained in the
Manual.
The Commissioner has jurisdiction over this matter pursuant to the Insurance
Code, Articles 5.56, 5.57, 5.60 and 5.96.
A copy of the of the full text of the proposed amendments is available
for review in the Office of the Chief Clerk of the Texas Department of Insurance,
333 Guadalupe Street, Austin, Texas 78714-9104. For further information or
to request copies of the amendments, please contact Ms. Angie Arizpe (512)
463-6326, (refer to Ref. Number W-0799-12-I).
The staff and the Commissioner request that written comments to these proposed
amendments be submitted prior to the public hearing on September 7, 1999.
The written comments should be directed to Lynda H. Nesenholtz, General Counsel
and Chief Clerk, Texas Department of Insurance, P.O. Box 149104, MC 113-2A,
Austin, Texas 78714-9104. An additional copy of the comments should be submitted
to Nancy Moore, Deputy Commissioner, Workers' Compensation, Texas Department
of Insurance, P.O. Box 149092, Austin, Texas 78701-9092. Public testimony
at the hearing on September 7, 1999, is also invited and encouraged.
This notification is made pursuant to the Insurance Code, Article 5.96,
which exempts it from the requirements of the Government Code, Chapter 2001
(Administrative Procedure Act).
TRD-9904530
Bernice Ross
Deputy Chief Clerk
Texas Department of Insurance
Filed: July 28, 1999
The Commissioner of Insurance (Commissioner) will hold a public hearing
under Docket Number 2417 on September 7, 1999 at 9:00 a.m., in Room 100 of
the Texas Department of Insurance Building, 333 Guadalupe Street in Austin,
Texas to consider a petition by the staff of the Texas Department of Insurance
(TDI) proposing the adoption of revised Texas Workers' Compensation Classification
Relativities (classification relativities) to replace those adopted in Commissioner's
Order Number 98-0998 dated August 26, 1998; the adoption of a revised table
to amend the Texas Basic Manual of Rules, Classification, and Experience Rating
Plan for Workers' Compensation and Employers' Liability Insurance (Basic Manual)
concerning the Expected Loss Rates and Discount Ratios used in experience
rating; the adoption of revised tables to amend the Basic Manual concerning
the W and B values and the State Accident Limitations used in the Experience
Rating Formula, the Admiralty/F.E.L.A. Operations Liability Limit Table, the
Offshore Operations Liability Limit Table, and the Tables of Premium Credits
for Promulgated Deductibles; and the adoption of revised tables to amend the
Retrospective Rating Plan Manual for Workers' Compensation and Employers'
Liability Insurance (Retro Manual) concerning the Table of Insurance Charges
- Group Assignments, Table of Classifications by Hazard Group, and Excess
Loss Premium Factors Table.
In its petition, the staff requests consideration of a schedule of the
revised classification relativities and tables amending the Basic Manual and
Retro Manual. The revised classification relativities schedule is proposed
to replace the classification relativities schedule adopted in Commissioner's
Order 98-0998 effective January 1, 1999. The tables amending the Basic Manual
concern the Expected Loss Rates and Discount Ratios, the W and B values and
the State Accident Limitations used in the Experience Rating Formula, the
Admiralty/F.E.L.A. Operations Liability Limit factors, Offshore Operations
Liability Limit factors, and the Premium Credits for Promulgated Deductibles.
The tables amending the Retro Manual concern Insurance Charges - Group Assignments,
Table of Classifications by Hazard Group, and Excess Loss Premium Factors.
The staff requests that the proposed revised classification relativities
be available for adoption by insurers immediately, but that their use be mandatory
for all policies with an effective date on or after January 1, 2000. The staff
further requests that the revised tables amending the Basic Manual and Retro
Manual be made effective for workers' compensation policies with an effective
date on or after January 1, 2000.
The Commissioner has jurisdiction of this matter pursuant to the Texas
Insurance Code, Article 5.60, 5.55C, 5.77, and 5.96. Article 5.60 (a) of the
Texas Insurance Code authorizes the Commissioner to determine hazards by classes
and fix classification relativities applicable to the payroll in each class
for workers' compensation insurance. Article 5.60 (d) provides that the Commissioner
revise the classification system at least once every five years. Article 5.55C
requires TDI to perform an actuarial analysis to determine the amount of rate
reduction applicable to policies utilizing a deductible plan under this article.
It further requires TDI to periodically review the amount of rate reduction.
Article 5.77 authorizes TDI to promulgate premium discount plans, retrospective
rating plans and other systems, plans or formulas if the rates thereby provided
are not excessive, inadequate or unfairly discriminatory. Article 5.96 authorizes
TDI to promulgate, adopt, approve, amend, or repeal standard and uniform rating
manuals, rating plans, classification plans, statistical plans and policy
and endorsement forms for various lines of insurance, including workers' compensation
insurance.
The classification relativities currently in effect were based on experience
data reflecting workers' compensation experience from policies with effective
dates in 1991 through 1995. The proposed classification relativities are based
on the analysis of experience data from policies with effective dates in 1992
through 1996. The staff's proposed classification relativities reflect changes
in experience that occur over time, due to such things as technological advances
and improvements in safety programs. The indicated resulting relativities
were balanced to the level of the current relativities through the application
of off-balance factors. This provides for a revenue neutral set of relativities
in relation to the current relativities. The staff proposes to limit changes
in the classification relativities to +25% and -25%. These limited relativities
have been balanced overall to the level of the current relativities. This
would help to minimize possible rate shock due to large indicated changes
in the relativities.
Modifications to the classification relativities require concurrent changes
in the Table II of the Basic Manual concerning the Expected Loss Rates and
Discount Ratios. The current Table II, which became effective on January 1,
1999, contains expected loss rates that were based on the level of losses
used to experience rate a policy effective on July 1, 1999 and reflect the
current classification relativities. Staff proposes an adjustment to make
the expected loss rates more reflective of the level of losses that would
be used to experience rate policies that would be effective in 2000, and reflect
the proposed classification relativities. Staff also proposes to cap changes
in the expected loss rates to +25% and -25%.
The W and B values are used to assign credibility to an insured's actual
experience in the experience rating formula. The staff proposes to adjust
the W and B values to reflect changes in payrolls and cost in more recent
years. The State Accident Limitations are used to limit the losses that enter
into the experience rating formula. The staff proposes to adjust these limits
to reflect the current level of claims costs. Staff proposes $107,000 as the
Texas Per Claim Accident Limitation and $214,000 as the Texas Multiple Claim
Accident Limitation.
The Admiralty/F.E.L.A. Operations Liability Limit Table is used to determine
the additional premium to be charged an employer that chooses higher limits
of employers' liability coverage under Admiralty law or F.E.L.A. The staff
proposes an increase based on available experience.
The Offshore Operation Liability Limits Table is used to determine the
additional premium to be charged if an employer chooses higher limits of liability
coverage for oil, gas, or other mineral operations on or over water. The staff
proposes to adjust the table similarly to the adjustments in the Admiralty/F.E.L.A.
Operations Liability Limit Table.
TDI is required to periodically review the amount of the premium credits
in the Table of Premium Credits for Promulgated Deductibles. The staff proposes
to adjust the credits in the Table of Premium Credits for Promulgated Deductibles
to reflect the most recently available loss distributions of individual claims
and aggregate loss distributions by insured.
The Table of Insurance Charges - Group Assignments is used to identify
the columns of the Retro Manual's Table M that an insurer is to use to determine
the insurance charge element of an insured's retrospective premium. The staff
proposes to update the table based in part on the table currently being used
in other jurisdictions.
The Table of Classifications by Hazard Group is used in determining the
cost of a limitation applied to individual claims entering the retrospective
rating formula. The staff proposes to update the Table of Classifications
by Hazard Group assignments based on the most recent countrywide classification
experience adjusted to reflect the Texas classification system.
The Excess Loss Premium Factors are used to determine the cost of limiting
the amount of individual losses that enter into the retrospective premium
formula. The staff proposes to adjust this table to reflect the most recently
available loss distributions by injury type.
Copies of the full text of the staff petition and the proposed revised
schedule and table are available for review in the Office of the Chief Clerk
of the Texas Department of Insurance, 333 Guadalupe Street, Austin, Texas,
78714-9104. For further information or to request copies of the petition and
proposed revised schedule and table, please contact Angie Arizpe at (512)
463-6326 (refer to Reference Number W-0799-13-I).
Comments on the proposed changes must be submitted in writing within 30
days after publication of the proposal in the Texas Register to Lynda Nesenholtz,
the Office of Chief Clerk, P.O. Box 149104, MC 113-2A, Austin, Texas, 78714-9104.
An additional copy of the comment should be submitted to Philip Presley, Chief
Property and Casualty Actuary, P.O. Box 149104, MC 105-5F, Austin, Texas,
78714-9104.
This notification is made pursuant to the Texas Insurance Code, Article
5.96, which exempts action taken under this article from the requirements
of the Administrative Procedure Act (Government Code, Title 10, Chapter 2001).
TRD-9904532
Bernice Ross
Deputy Chief Clerk
Texas Department of Insurance
Filed: July 28, 1999
Request for Proposal
This request for consulting services is filed under the provisions of Texas
Civil Statutes, Article 6252, 11c. Lamar University of Beaumont, Texas, under
the direction of the Texas State University System, wishes to solicit proposals
for the services of an independent expert to provide ongoing assistance to
the College of Business in preparation for its reaccreditation review by AACSB-the
International Association for management Education.
PURPOSE
The College of Business at Lamar University has been accredited by the
AACSB since 1980, and its MBA program first received concurrent accreditation
in 1983. The College's last reaccreditation review resulted in an initial
deferral in 1992 prior to a positive reaccreditation decision in 1993. Since
then the AACSB accreditation standards have been fundamentally revised. In
addition, the College of Business lacked a permanent Dean between 1994 and
1998, which hindered the College's preparation for review under the revised
standards. As a result, Lamar University and the College of Business seek
to retain assistance in thoroughly reviewing the College's compliance or noncompliance
with the AACSB standards, and in expeditiously developing the necessary additional
processes, procedures and programs to ensure reaccreditation in 2001.
SCOPE
The ongoing consultation project for which proposals are being requested
will require thorough knowledge of the current AACSB accreditation standards,
and extensive experience with the interpretation and application of those
standards. Necessary assistance will include, but not be limited to:
* Identification of all compliance issues, areas of noncompliance, and
strategies to close the gaps;
* Assessment of the appropriateness and robustness of the College's current
mission identity and direction as a catalyst for continuous improvement, and
recommendations for improvement;
* Assessment and improvement of the College's operational model;
* Assistance to all faculty committees in constructing operational agendas
and evaluating their progress;
* Assistance in the preliminary preparation of the College's self-study
report.
TO RESPOND
Please contact Dr. Gary Moore, Dean, College of Business, Lamar University,
P.O. Box 10059, Beaumont, Texas, 77710, (409) 880-8603 or e-mail: moorega@hal.lamar.edu,
for more information.
DEADLINE FOR PROPOSALS
All proposals will be returned to Brian Hurlbut, Purchasing Department,
Lamar University, Lamar University, Plummer Administration Building, Room
120, MLK Parkway at Virginia Street, Beaumont, Texas, 77705. The deadline
to return proposals for consulting services is August 30, 1999. Proposals
received after 2:00 p.m. on August 30, 1999, will be returned unopened to
the proposer.
TRD-9904518
William R. Johnson
Interim President
Lamar University
Filed: July 27, 1999
Request for Proposals for an Audit of the Lottery Operator
The Texas Lottery Commission (the "Texas Lottery") is issuing a Request
for Proposals for an Audit of the Lottery Operator ("the RFP"). The purpose
of this RFP is to obtain proposals for audit services for the Texas Lottery
as specified in the RFP. The Texas Lottery has both statutory and contractual
authority to audit the records and operations of its lottery operator, currently
GTECH. As part of the Texas Lottery contract with the lottery operator, GTECH
is required to provide the Texas Lottery with annual cost reports. In the
past year, the Texas Lottery has been working with GTECH to develop a format
for the cost reports that will allow the Texas Lottery Commission access to
information on the costs of operating a lottery in Texas.
It is the intent of the Texas Lottery to obtain the services of a qualified
accounting firm to conduct an independent audit of the Texas Lottery Operator.
A State Auditor's audit report on the Texas Lottery dated August 1997, recommended
that the lottery operator provide more detailed cost information to the Texas
Lottery. Analysis of such information would enable the commission to better
monitor current and future lottery operator contracts and evaluate the cost
benefit of in-sourcing certain duties currently performed by the lottery operator.
The time schedule for awarding a contract under this RFP is shown below.
The Texas Lottery reserves the right to amend the schedule. If significant
changes are made, all Prospective Proposers will be notified.
July 26, 1999 - Issuance of RFP
August 12, 1999 - Letter of Intent to Propose Due (4:00 p.m., CT) (Late
Letters of Intent will not be considered.)
August 12, 1999 - Written Questions Due (4:00 p.m., CT)
August 19, 1999 - Answers to Written Questions Issued
September 2, 1999 -
DEADLINE FOR PROPOSALS
(4:00 p.m., CT) (Late Proposals will not be considered.)
September 20, 1999 - Announcement of Apparent Successful Proposer (or as
soon as possible thereafter)
To obtain a copy of this RFP, please contact Ridgely Bennett, Deputy General
Counsel, Texas Lottery Commission, P.O. Box 16630, Austin, Texas 78761-6630,
telephone (512) 344-5050, or by facsimile at (512) 344-5189.
TRD-9904516
Kimberly L. Kiplin
General Counsel
Texas Lottery Commission
Filed: July 27, 1999
Correction of Errors
The Texas Natural Resource Conservation Commission adopted an amendment
to §305.48. The rule appeared in the June 11, 1999, issue of the
Due to agency error, on page 4441, preamble, third paragraph under EXPLANATION
OF ADOPTION, third sentence, the reference to §305.48 is incorrect. Rather
than §305.48(2)(A), the reference should be to §305.48(a)(2)(A).
In the fifth sentence of the same paragraph, the reference should be to §305.48(a)(2)(B),
rather than to §305.48(2)(b).
The Texas Natural Resource Conservation Commission adopted an amendment
to §115.10. The rule appeared in the July 16, 1999, issue of the
Due to agency error, on page 5508, the definition of synthetic organic
chemical manufacturing process (§115.10(36)) references a figure, entitled “Table
I. Synthetic Organic Chemicals.” The table that was published in the
Tables and Graphics portion of the July 16 issue omitted some items. In addition,
the adoption incorrectly identified this table as being located in §115.10(45).
The table is being republished immediately following, in its entirety.
[graphic]
[graphic]
[graphic]
[graphic]
[graphic]
The Texas Natural Resource Conservation Commission adopted amendments to
§§114.1, 114.301, 114.302, and 114.305-114.309. The rules
appeared in the July 16, 1999, issue of the
Texas
Register
(24 TexReg 5474).
Due to agency error, on page 5478, under ANALYSIS OF SPECIFIC COMMENTS,
first paragraph, the Texas Center for Policy Studies was listed as opposing
a ban on MTBE at this time. Instead, the commenter should have been listed
with the commenters in an earlier paragraph, who were substantially only in
opposition to the use of MTBE in Texas and/or in opposition to the rules because
MTBE was not banned.
The Texas Natural Resource Conservation Commission (TNRCC or commission)
Staff is providing an opportunity for written public comment on the listed
Default Orders. The TNRCC Staff proposes a Default Order when the Staff has
sent an Executive Director's Preliminary Report and Petition (EDPRP) to an
entity outlining the alleged violations; the proposed penalty; and the proposed
technical requirements necessary to bring the entity back into compliance,
and the entity fails to request a hearing on the matter within 20 days of
its receipt of the EDPR. Similar to the procedure followed with respect to
Agreed Orders entered into by the executive director of the TNRCC pursuant
to the Texas Water Code (the Code), §7.075, this notice of the proposed
order and the opportunity to comment is published in the
Texas Register
no later than the 30th day before the date on which
the public comment period closes, which in this case is
September 5, 1999
. The TNRCC will consider any written comments received
and the TNRCC may withdraw or withhold approval of a Default Order if a comment
discloses facts or considerations that indicate that the proposed Default
Orders is inappropriate, improper, inadequate, or inconsistent with the requirements
of the statutes and rules within the TNRCC's jurisdiction, or the TNRCC's
orders and permits issued pursuant to the TNRCC's regulatory authority. Additional
notice of changes to a proposed Default Order is not required to be published
if those changes are made in response to written comments.
A copy of each of the proposed Default Orders is available for public inspection
at both the TNRCC's Central Office, located at 12100 Park 35 Circle, Building
A, 3rd Floor, Austin, Texas, 78753, (512) 239-3400 and at the applicable Regional
Office listed as follows. Written comments about the Default Order should
be sent to the attorney designated for the Default Order at the TNRCC's Central
Office at P.O. Box 13087, MC 175, Austin, Texas, 78711-3087 and must be
(1) COMPANY: Joe Isenberg; DOCKET NUMBER: 1998-0918-MLM-E; TNRCC IDENTIFICATION
(ID) NUMBER: 12452; LOCATION: Highway 39 and Farm to Market Road 1340, Kerr
County, Texas; TYPE OF FACILITY: unauthorized municipal solid waste; RULES
VIOLATED: 30 TAC §§330.4, 330.5, 111.201, and Texas Health and Safety
Code (THSC), §382.085(b) by allowing unauthorized burning and disposal
of municipal solid waste and by failing to obtain a permit or authorization
to dispose of and burn municipal solid waste; PENALTY: $16,250; STAFF ATTORNEY:
M. Camille Morris, Litigation Division, MC 175, (512) 239-3915; REGIONAL OFFICE:
140 Heimer Road, Suite 360, San Antonio, Texas, 78232-5042, (210) 490-3096.
(2) COMPANY: N and Z Business, Incorporated dba Kingfood Mart; DOCKET NUMBER:
1998-1030-PST-E; TNRCC ID NUMBER: 0039694; LOCATION: 9002 South Braeswood,
Houston, Harris County, Texas; TYPE OF FACILITY: underground storage tanks;
RULES VIOLATED: 30 TAC §115.245(2) and THSC, §382.085(b) by failing
to perform the annual pressure decay test required for Stage II systems; and
30 TAC §115.246(3), (4), (5), and (6) by failing to keep required Stage
II vapor recovery records at the station; PENALTY: $2,500; STAFF ATTORNEY:
M. Camille Morris, Litigation Division, MC 175, (512) 239-3915; REGIONAL OFFICE:
5425 Polk Avenue, Suite H, Houston, Texas, 77023-1486, (713) 767-3500.
(3) COMPANY: Osvaldo Ordonez dba Transportes Salmalo; DOCKET NUMBER: 1998-1029-IHW-E;
TNRCC ID NUMBER: 85409; LOCATION: 1132 Geronimo, El Paso, El Paso County,
Texas; TYPE OF FACILITY: transporter of hazardous waste; RULES VIOLATED: 30
TAC §335.92, incorporating by reference 40 Code of Federal Regulations
(CFR) §263.11(b), by failing to include a physical address for the location
of the installation; 30 TAC §335.14(a), incorporating by reference 40
CFR §263.22(a), by failing to retain copies of all manifests for hazardous
or Class I wastes for a minimum of three years; 30 TAC §335.11(c)(1)
and (2), incorporating by reference 40 CFR §263.20(d)(1)(2), by failing
to obtain and record the correct date of delivery on manifests and by failing
to retain a copy of the manifests for hazardous or Class I waste shipments
from the next transporter; PENALTY: $3,100; STAFF ATTORNEY: Scott McDonald,
Litigation Division, MC 175, (512) 239-6005; REGIONAL OFFICE: 7500 Viscount
Boulevard, Suite 147, El Paso, Texas, 79925-5633, (915) 778-9634.
TRD-9904523
Paul C. Sarahan
Director, Litigation Division
Texas Natural Resource Conservation Commission
Filed: July 28, 1999
The Texas Natural Resource Conservation Commission (TNRCC or commission)
Staff is providing an opportunity for written public comment on the listed
Agreed Orders (AOs) pursuant to Texas Water Code (the Code), §7.075,
which requires that the TNRCC may not approve these AOs unless the public
has been provided an opportunity to submit written comments. Section 7.075
requires that notice of the proposed orders and of the opportunity to comment
must be published in the
Texas Register
no
later than the 30th day before the date on which the public comment period
closes, which in this case is
September 5, 1999
.
Section 7.075 also requires that the TNRCC promptly consider any written comments
received and that the TNRCC may withhold approval of an AO if a comment discloses
facts or considerations that indicate the proposed AO is inappropriate, improper,
inadequate, or inconsistent with the requirements of the Code, the Texas Health
and Safety Code (THSC), and/or the Texas Clean Air Act (the Act). Additional
notice is not required if changes to an AO are made in response to written
comments.
A copy of each of the proposed AOs is available for public inspection at
both the TNRCC's Central Office, located at 12100 Park 35 Circle, Building
C, 1st Floor, Austin, Texas 78753, (512) 239-1864 and at the applicable Regional
Office listed as follows. Written comments about these AOs should be sent
to the enforcement coordinator designated for each AO at the TNRCC's Central
Office at P.O. Box 13087, Austin, Texas 78711-3087 and must be
received by 5:00 p.m. on September 5, 1999
. Written comments may also
be sent by facsimile machine to the enforcement coordinator at (512) 239-2550.
The TNRCC enforcement coordinators are available to discuss the AOs and/or
the comment procedure at the listed phone numbers; however, §7.075 provides
that comments on the AOs should be submitted to the TNRCC in
writing
.
(1)COMPANY: Americalf; DOCKET NUMBER: 1998-1397-AGR-E; IDENTIFIER: Enforcement
Identification Number 13072; LOCATION: Lingleville, Erath County, Texas; TYPE
OF FACILITY: concentrated animal feeding operation; RULE VIOLATED: 30 TAC
§321.33(d)(2) and (g), by failing to obtain a permit to operate a beef
cattle feedlot with more than 1,000 head; PENALTY: $2,500; ENFORCEMENT COORDINATOR:
Gilbert Angelle, (512) 239-4489; REGIONAL OFFICE: 1101 East Arkansas Lane,
Arlington, Texas 76010-6499, (817) 469-6750.
(2)COMPANY: BFI Waste Systems of North America, Inc.; DOCKET NUMBER: 1998-1066-
MSW-E; IDENTIFIER: Municipal Solid Waste (MSW) Permit Number 1469; LOCATION:
Abilene, Jones County, Texas; TYPE OF FACILITY: municipal solid waste landfill;
RULE VIOLATED: 30 TAC §330.111, §330.114, and MSW Permit Number
1469, by failing to construct an earthen berm for controlling contaminated
and uncontaminated storm water; 30 TAC §330.117, §330.111, and MSW
Permit Number 1469, by failing to remove unauthorized wastes from the bioremediation
treatment area, prevent commingling of waste soils in the bioremediation treatment
beds, remove whole tires from landfill active disposal area, and maintain
waste characterization documentation for wastes located within the solidification
area and bioremediation treatment beds; MSW Permit Number 1469, by failing
to install a landfill grid marker system; and 30 TAC §330.133(a) and
(f), by failing to cover waste with six inches of well-compacted earthen material
not previously mixed with garbage, rubbish, or other solid waste at the active
face at the end of each working day and by failing to repair erosion of cover
at the side slopes north and west of the active cell, within the bioremediation
pad, and retention pond; PENALTY: $18,000; ENFORCEMENT COORDINATOR: Tim Haase,
(512) 239-6007; REGIONAL OFFICE: 1977 Industrial Boulevard, Abilene, Texas
79602-7833, (915) 698-9674.
(3)COMPANY: City of Booker; DOCKET NUMBER: 1998-1347-MSW-E; IDENTIFIER:
MSW Permit Number 1943; LOCATION: Booker, Lipscomb County, Texas; TYPE OF
FACILITY: municipal solid waste landfill; RULE VIOLATED: 30 TAC §330.4,
by failing to submit Subtitle D upgrade documentation; and 30 TAC §330.133,
by failing to cover the active portion of the landfill daily; PENALTY: $1,600;
ENFORCEMENT COORDINATOR: Jimmy Walker, (806) 353- 9251; REGIONAL OFFICE: 3918
Canyon Drive, Amarillo, Texas 79109-4933, (806) 353-9251.
(4)COMPANY: Four Collins Group Corporation dba Collins Bros.; DOCKET NUMBER:
1999- 0488-AIR-E; IDENTIFIER: Air Account Number CP-0511-A; LOCATION: Wylie,
Collin County, Texas; TYPE OF FACILITY: used car lot; RULE VIOLATED: 30 TAC
§114.20(c)(1) and the THSC, §382.085(b), by offering for sale a
1981 Jeep and a 1983 Jeep Renegade with missing or inoperable vehicle emission
control devices; PENALTY: $720; ENFORCEMENT COORDINATOR: Michael De La Cruz,
(817) 469-6750; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas
76010-6499, (817) 469-6750.
(5)COMPANY: Gulf Precision, Incorporated; DOCKET NUMBER: 1998-1529-AIR-E;
IDENTIFIER: Air Account Number HX-1858-O; LOCATION: Houston, Harris County,
Texas; TYPE OF FACILITY: precision grinding and hard chromium electroplating
plant; RULE VIOLATED: 30 TAC §116.110(a) and the THSC, §382.085(b)
and §382.0518(a), by operating a hard chromium electroplating and dry
abrasive cleaning facility without a permit; and 30 TAC §113.190, 40
Code of Federal Regulations (CFR) §63.342(c)(1)(i), and the THSC, §382.085(b),
by exceeding the emissions limit for hard chromium electroplating; PENALTY:
$10,500; ENFORCEMENT COORDINATOR: Miriam Hall, (512) 239-1044; REGIONAL OFFICE:
5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(6)COMPANY: The City of Haskell; DOCKET NUMBER: 1998-1460-MWD-E; IDENTIFIER:
Permit Number 10728-001; LOCATION: Haskell, Haskell County, Texas; TYPE OF
FACILITY: wastewater treatment; RULE VIOLATED: Permit Number 10728-001 and
the Code, §26.121, by failing to comply with the ammonia-nitrogen permit
limits; PENALTY: $3,750; ENFORCEMENT COORDINATOR: Laurie Eaves, (512) 239-4495;
REGIONAL OFFICE: 1977 Industrial Boulevard, Abilene, Texas 79602-7833, (915)
698-9674.
(7)COMPANY: ICO Worldwide, Inc.; DOCKET NUMBER: 1999-0043-AIR-E; IDENTIFIER:
Air Account Number HG-0539-K; LOCATION: Houston, Harris County, Texas; TYPE
OF FACILITY: oil field pipe coating plant; RULE VIOLATED: 30 TAC §122.121,
§122.130(b)(1) and (2)(F), and the Act, §382.085(b) and §382.054,
by failing to obtain a Title V operating permit; and 30 TAC §116.110(a)(4),
§106.452(1)(B), and the Act, §382.085(b) and §382.0518(a),
by failing to comply with the conditions of a standard exemption by allowing
an emission with opacity; PENALTY: $4,000; ENFORCEMENT COORDINATOR: Jeffery
Seiler, (713) 767-3748; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston,
Texas 77023-1486, (713) 767-3500.
(8)COMPANY: Leander Liquidating Company, L.L.C., Roten & Morgan, Inc.,
Dean Morgan and Brad Roten; DOCKET NUMBER: 1998-1539-AIR-E; IDENTIFIER: Air
Account Number WK- 0116-E; LOCATION: Leander, Williamson County, Texas; TYPE
OF FACILITY: fiberglass products manufacturing plant; RULE VIOLATED: 30 TAC
§122.130(b)(1), §122.121, and the Act, §382.054 and §382.085(b),
by failing to submit a timely federal operating permit application and by
operating emission units at the site without a permit; PENALTY: $1,800; ENFORCEMENT
COORDINATOR: Chris Smith, (512) 339-2929; REGIONAL OFFICE: 1921 Cedar Bend
Drive, Suite 150, Austin, Texas 78758-5336, (512) 339-2929.
(9)COMPANY: The City of Marion; DOCKET NUMBER: 1998-1353-MWD-E; IDENTIFIER:
Permit Number 10048-001; LOCATION: Marion, Guadalupe County, Texas; TYPE OF
FACILITY: wastewater treatment; RULE VIOLATED: Permit Number 10048-001 and
the Code, §26.121, by failing to comply with its permitted limits; PENALTY:
$4,500; ENFORCEMENT COORDINATOR: Pam Campbell, (512) 239-4493; REGIONAL OFFICE:
140 Heimer Road, Suite 360, San Antonio, Texas 78232-5042, (210) 490-3096.
(10)COMPANY: Mr. Mohammad D. Munir; DOCKET NUMBER: 1997-0968-PST-E; IDENTIFIER:
Petroleum Storage Tank (PST) Facility Identification Number 0030909; LOCATION:
Pasadena, Harris County, Texas; TYPE OF FACILITY: convenience store with retail
sales of gasoline; RULE VIOLATED: 30 TAC §115.241 and the Act, §382.085(b),
by failing to install an approved Stage II vapor recovery system which is
certified to reduce the emissions of volatile organic compounds to the atmosphere
by at least 95%; PENALTY: $1,500; ENFORCEMENT COORDINATOR: Trina K. Lewison,
(713) 767-3607; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas
77023- 1486, (713) 767-3500.
(11)COMPANY: Phelps Dodge Corporation; DOCKET NUMBER: 1998-1545-AIR-E;
IDENTIFIER: Air Account Number EE-0066-N; LOCATION: El Paso, El Paso County,
Texas; TYPE OF FACILITY: copper rod rolling mill; RULE VIOLATED: 30 TAC §114.100(a)
and the THSC, §382.085(b), by dispensing gasoline for use as a motor
vehicle fuel which failed to meet the minimum oxygen content of 2.7% by weight;
PENALTY: $720; ENFORCEMENT COORDINATOR: Stacey Young, (512) 239-1899; REGIONAL
OFFICE: 7500 Viscount Boulevard, Suite 147, El Paso, Texas 79925-5633, (915)
778-9634.
(12)COMPANY: Phelps Dodge Corporation; DOCKET NUMBER: 1998-1530-AIR-E;
IDENTIFIER: Air Account Number EE-0067-L; LOCATION: El Paso, El Paso County,
Texas; TYPE OF FACILITY: electrolytic copper refinery; RULE VIOLATED: 30 TAC
§114.100(a) and the THSC, §382.085(b), by dispensing gasoline for
use as a motor vehicle fuel which failed to meet the minimum oxygen content
of 2.7% by weight; PENALTY: $1,800; ENFORCEMENT COORDINATOR: Stacey Young,
(512) 239-1899; REGIONAL OFFICE: 7500 Viscount Boulevard, Suite 147, El Paso,
Texas 79925-5633, (915) 778-9634.
(13)COMPANY: Resdoor Company, Incorporated dba Sweeney Hardwoods; DOCKET
NUMBER: 1999-0603-AIR-E; IDENTIFIER: Air Account Number TA-3643-T; LOCATION:
Fort Worth, Tarrant County, Texas; TYPE OF FACILITY: hardwood products plant;
RULE VIOLATED: 30 TAC §101.4 and the Act, §382.085(a) and (b), by
failing to control off-property sawdust emissions; PENALTY: $1,250; ENFORCEMENT
COORDINATOR: Suzanne Walrath, (512) 239-2134; REGIONAL OFFICE: 1101 East Arkansas
Lane, Arlington, Texas 76010-6499, (817) 469-6750.
(14)COMPANY: Mr. Ike Tapia dba Tapia Dairy No. 3; DOCKET NUMBER: 1999-0253-AGR-
E; IDENTIFIER: Permit Number 04012; LOCATION: Veribest, Tom Green County,
Texas; TYPE OF FACILITY: confined animal feeding operation; RULE VIOLATED:
30 TAC §321.33(i) and the Code, §26.121, by failing to obtain a
permit prior to commencing operation at a permit required level; PENALTY:
$720; ENFORCEMENT COORDINATOR: Brent Wade, (915) 655-9479; REGIONAL OFFICE:
301 West Beauregard Avenue, Suite 202, San Angelo, Texas 76903-6326, (915)
655-9479.
(15)COMPANY: Ms. Huong Nguyen dba Today's Store; DOCKET NUMBER: 98-1293-PST-E;
IDENTIFIER: PST Facility Identification Number 48238; LOCATION: Ganado, Jackson
County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline;
RULE VIOLATED: 30 TAC §334.7(d)(3), by failing to provide notice of a
change in ownership regarding an underground storage tank (UST) system; and
30 TAC §334.50(a)(1)(A), (b)(2)(B) and (C), and the Code, §26.3475,
by failing to provide a method of release detection for its UST system, install
cathodic protection equipment, and install spill containment and overfill
prevention equipment on its UST system; PENALTY: $600; ENFORCEMENT COORDINATOR:
Thomas Greimel, (512) 239- 5690; REGIONAL OFFICE: 6300 Ocean Drive, Suite
1200, Corpus Christi, Texas 78412-5503, (361) 825-3100.
(16)COMPANY: James T. Dennis dba Twin Lakes Water Company; DOCKET NUMBER:
1999-0547-PWS-E; IDENTIFIER: Public Water Supply Number 2200190; LOCATION:
Bedford, Tarrant County, Texas; TYPE OF FACILITY: public water supply; RULE
VIOLATED: 30 TAC §290.106(a), (b)(1) and (5), and the Code, §341.033(d),
by failing to collect and submit a routine water sample for bacteriological
analysis, collect and submit repeat water samples within 24 hours after a
routine sample is total coliform-positive, and collect and submit routine
water samples for total coliform-positive analysis; 30 TAC §290.105,
by exceeding the maximum contaminant level for total coliform; and the Code,
§341.041, by failing to pay the public health service fees; PENALTY:
$1,875; ENFORCEMENT COORDINATOR: Robbie Allen, (512) 239-3142; REGIONAL OFFICE:
1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 469-6750.
(17)COMPANY: Texas Barge & Boat, Inc.; DOCKET NUMBER: 1999-0374-AIR-E
; IDENTIFIER: Air Account Number BL-0423-N; LOCATION: Freeport, Brazoria County,
Texas; TYPE OF FACILITY: barge cleaning plant; RULE VIOLATED: 30 TAC §122.121,
§122.130(b)(1), and the Act, §382.085(b) and §382.054, by failing
to obtain a Title V operating permit or submit an initial abbreviated application;
PENALTY: $2,000; ENFORCEMENT COORDINATOR: Carolyn Guillory, (713) 767-3754;
REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713)
767-3500.
(18)COMPANY: Utex Industries, Inc.; DOCKET NUMBER: 1999-0015-IHW-E; IDENTIFIER:
Solid Waste Registration Number 31261; LOCATION: Weimar, Colorado County,
Texas; TYPE OF FACILITY: manufacturer of seals, o-rings, compression packing,
and molded products; RULE VIOLATED: 30 TAC §335.2(b), by failing to send
8,800 pounds of hazardous caustic waste to an authorized disposal facility;
30 TAC §335.69(a)(1)(B), incorporating 30 TAC §335.112(a)(9) and
40 CFR §262.34(a)(1)(ii), incorporating 40 CFR§§261.193(a)(1),
262.192(a), (b), (d)- (g), and 265.193(g), by failing to provide secondary
containment for the caustic hazardous waste storage tank and its components,
installation certification statements, and annual written assessments for
the hazardous waste storage tank; 30 TAC §335.69(a)(2) and 40 CFR §262.34(a)(1)(I),
incorporating 40 CFR §265.174; and 30 TAC §335.69(a)(1)(B), incorporating
30 TAC §335.112(a)(9) and 40 CFR §262.34(a)(1)(ii), incorporating
40 CFR §265.195(a) and (c), by failing to perform weekly inspections
on the hazardous container storage area and daily inspections on the hazardous
waste storage tank; 30 TAC §335.62, incorporating 30 TAC §335.504
and 40 CFR §262.11, and 30 TAC §335.503(a)(4)(D) and §335.513(c),
by failing to perform hazardous waste determinations on four industrial waste
streams and maintain records of class two waste determinations; 30 TAC §335.431(c)
and 40 CFR §268.7(a)(1), by failing to provide land disposal restriction
notices; 30 TAC §335.10(b)(8), (15), (16), and (22), and 40 CFR §262.20(a),
by failing to complete hazardous waste manifests properly; 30 TAC §335.13(k)
and 40 CFR §262.42(a)(2), by failing to submit exception reports within
45 days from the date accepted by the initial transporter; 30 TAC §335.24(g)
and 40 CFR §262.20(a), by failing to use manifests when shipping activated
carbon out of state to be reclaimed; 30 TAC §335.69(a)(4), incorporating
30 TAC §335.112(a)(1) and 40 CFR §262.34(a)(4), incorporating 40
CFR §265.16(a)-(e); 30 TAC §335.69(a)(4), incorporating 30 TAC §335.112(a)(3)
and 40 CFR §262.34(a)(4), incorporating 40 CFR §§262.51-265.53;
and 30 TAC §335.69(a)(4), incorporating 30 TAC §335.112(a)(2) and
40 CFR §262.34(a)(4), incorporating 40 CFR §265.37(a)(1)-(3), by
failing to have an adequate hazardous waste training program, a contingency
plan, or to have made arrangements with local authorities; 30 TAC §335.4
and the Code, §26.121, by failing to prevent an unauthorized discharge
of oily wastewater; and 30 TAC §§335.6(c), 335.9(a)(2), and 335.6,
incorporating 30 TAC §335.24(d), by failing to notify notice of registration
updates, to submit reports on State of Texas environmental electronic reporting
system, and to notify of on-site recycling activities; PENALTY: $35,024; ENFORCEMENT
COORDINATOR: Catherine Sherman, (713) 767-3600; REGIONAL OFFICE: 5425 Polk
Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(19)COMPANY: Zapata County; DOCKET NUMBER: 1999-0471-MSW-E; IDENTIFIER:
MSW Permit Number 783; LOCATION: San Ygnacio, Zapata County, Texas; TYPE OF
FACILITY: municipal solid waste; RULE VIOLATED: 30 TAC §330.281(b) and
§330.283(b), by failing to establish financial assurance for closure
and post-closure care; PENALTY: $2,625; ENFORCEMENT COORDINATOR: Kent Heath,
(512) 239-4575; REGIONAL OFFICE: 1804 West Jefferson Avenue, Harlingen, Texas
78550-5247, (956) 425-6010.
TRD-9904515
Paul Sarahan
Director, Litigation Division
Texas Natural Resource Conservation Commission
Filed: July 27, 1999
The Texas Natural Resource Conservation Commission (TNRCC or commission)
Staff is providing an opportunity for written public comment on the listed
Agreed Orders (AOs) pursuant to the Texas Water Code (the Code), §7.075.
Section 7.075 requires that before the TNRCC may approve the AOs, the TNRCC
shall allow the public an opportunity to submit written comments on the proposed
AOs. Section 7.075 requires that notice of the opportunity to comment must
be published in the
Texas Register
not later
than the 30th day before the date on which the public comment period closes,
which in this case is
September 5, l999
. Section
7.075 also requires that the TNRCC promptly consider any written comments
received and that the TNRCC may withdraw or hold approval of an AO if a comment
discloses facts or considerations that the consent is inappropriate, improper,
inadequate, or inconsistent with the requirements of the statutes and rules
within the TNRCC's Orders and permits issued pursuant to the TNRCC's regulatory
authority. Additional notice of changes to a proposed AO is not required to
be published if those changes are made in response to written comments.
A copy of each of the proposed AOs is available for public inspection at
both the TNRCC's Central Office, located at 12100 Park 35 Circle, Building
A, 3rd Floor, Austin, Texas, 78753, (512) 239-3400 and at the applicable Regional
Office listed as follows. Written comments about the AOs should be sent to
the attorney designated for the AO at the TNRCC's Central Office at P.O. Box
13087, MC 175, Austin, Texas, 78711-3087 and must be
received by 5:00 p.m. on September 5, 1999
. Written comments may also
be sent by facsimile machine to the attorney at (512) 239-3434. The TNRCC
attorneys are available to discuss the AOs and/or the comment procedure at
the listed phone numbers; however, §7.075 provides that comments on the
AOs should be submitted to the TNRCC in
writing
.
(1) COMPANY: AC Liquidating Corporation; DOCKET NUMBER: 1998-1414-IHW-E;
TNRCC IDENTIFICATION (ID) NUMBER: 31618; LOCATION: 11011 Fairmont Parkway,
LaPorte, Harris County, Texas; TYPE OF FACILITY: hazardous waste treatment
and storage; RULES VIOLATED: 30 TAC §335.4 and the Code, §26.121
by failing to address confirmed groundwater contamination from two closed
hazardous waste management units; 30 TAC §335.112(a)(7) and 40 Code of
Federal Regulations (CFR) §265.143, by failing to provide an estimate
and proof of financial assurance with the post-closure care permit application;
and 30 TAC §335.112(a)(5) and 40 CFR §265.93, by failing to conduct
groundwater monitoring during the first six months of 1998; PENALTY: $60,000;
STAFF ATTORNEY: Nathan Block, Litigation Division, MC 175, (512) 239-4706;
REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas, 77023-1486, (713)
767-3500.
(2) COMPANY: Conroe Creosoting Company; DOCKET NUMBER: 1997-0256-IHW-E;
TNRCC ID NUMBER: 31799; LOCATION: Farm to Market Road 1484, Conroe, Montgomery
County, Texas; TYPE OF FACILITY: creosoting; RULES VIOLATED: 30 TAC §335.474
by failing to submit for review, approval, and/or modification, a source reduction
and waste minimization plan (SRWMP) and by failing to prepare at least a five-year
SRWMP; 30 TAC §335.9(a)(1) by failing to determine whether the solid
waste it generated was hazardous waste and by failing to classify any nonhazardous
waste; 30 TAC §335.62 by failing to test its waste or to test an extract
using test method 1311, or use knowledge of the waste; 30 TAC §335.431(c),
incorporating 40 CFR §268.7(a) and paragraph (7), by failing to determine
the underlying hazardous constituents; 30 TAC §335.9(a)(1) by failing
to maintain records of all hazardous and industrial solid waste activities
regarding the quantities generated, stored, processed, and disposed of on-site
or shipped off- site for storage, processing, or disposal, at a minimum; 30
TAC §335.431(c), incorporating 40 CFR §268.50(a), by storing land
disposal restricted waste; 30 TAC §335.6(c) by failing to submit notification
to TNRCC of all waste management practices at the facility; 30 TAC §335.13(a)
by failing to prepare a complete and correct waste shipment summary; 30 TAC
§335.9(a)(2) by failing to submit to TNRCC, on or before January 25th
of each year, a complete and correct annual waste summary; 30 TAC §335.69(a)(3)
and (d)(2) by failing to clearly mark and label on-site hazardous waste containers
and by failing to mark containers used for satellite accumulation with the
words "hazardous waste;" 30 TAC §335.69(a)(4) and §335.112(a)(2),
incorporating 40 CFR §265.35, by failing to maintain required aisle space
to allow for unobstructed movement of necessary equipment; 30 TAC §335.69(d)(1),
incorporating 40 CFR §265.173(a), by failing to close containers holding
hazardous waste during storage; 30 TAC §324.1, incorporating 40 CFR §279.22(c)(1),
by failing to label or mark above ground tanks used to store used oil with
the words "used oil;" 30 TAC §335.112(a)(18), incorporating 40 CFR §265.441(a),
by failing to keep on file at the facility a written assessment of the drip
pads; and Texas Health and Safety Code (THSC), §26.121 by discharging
industrial waste into or adjacent to waters in the state; PENALTY: $13,680;
STAFF ATTORNEY: Ali Abazari, Litigation Division, MC 175, (512) 239-5915;
REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas, 77023-1486, (713)
767-3500.
(3) COMPANY: Bez Getachew dba Greenville Market; DOCKET NUMBER: 1998-0629-PST-E;
TNRCC ID NUMBER: 0040231; LOCATION: 7128 Greenville Avenue, Dallas, Dallas
County, Texas; TYPE OF FACILITY: underground storage tanks (USTs); RULES VIOLATED:
30 TAC §115.244(2) and (3) and the THSC, §382.085(b) by failing
to conduct daily and monthly inspections of the Stage II vapor recovery system
(VRS); 30 TAC §115.246(4) and the THSC, §382.085(b) by failing to
maintain proof of attendance and completion of Stage II employee training
at the facility; 30 TAC §115.245(1)(D)(2) and the THSC, §382.085(b)
by failing to conduct pressure decay testing on the Stage II VRS; and 30 TAC
§334.50(b) by failing to have release detection for pressurized product
piping and USTs; PENALTY: $18,7500; STAFF ATTORNEY: David Speaker, Litigation
Division, MC 175, (512) 239-2548; REGIONAL OFFICE: 1101 East Arkansas Lane,
Arlington, Texas, 76010-6499, (817) 469-6750.
(4) COMPANY: The City of San Perlita; DOCKET NUMBER: 1998-0244-MWD-E: TNRCC
ID NUMBER: 12241; LOCATION: First Avenue and Seminole Avenue, adjacent to
San Perlita, Willacy County, Texas; TYPE OF FACILITY: wastewater treatment;
RULES VIOLATED: 30 TAC §305.125(2) by failing to renew permit prior to
expiration; PENALTY: $1,250; STAFF ATTORNEY: William Puplampu, Litigation
Division, MC 175, (512) 239-0677; REGIONAL OFFICE: 1804 West Jefferson Avenue,
Harlingen, Texas, 78550-5247, (956) 425-6010.
(5) COMPANY: Southern Home Management Incorporated; DOCKET NUMBER: 1998-0300-MWD-E;
TNRCC ID NUMBER: 14009-001; ENF ID: 12297; LOCATION: Mansfield, Tarrant County,
Texas; TYPE OF FACILITY: wastewater treatment; RULES VIOLATED: THSC, §26.121(a)
by discharging sewage into or adjacent to water in the state; 30 TAC §305.42
by failing to complete, sign, and submit a required wastewater discharge permit
application to the commission; and 30 TAC Chapter 317 by operating a sewerage
system that fails to meet required design criteria; PENALTY: $10,625; STAFF
ATTORNEY: Cecily Small Gooch, Litigation Division, MC R-4, (817) 469-6750;
REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas, 76010- 6499, (817)
469-6750.
(6) COMPANY: Gene Tannehill dba Action Oil; DOCKET NUMBER: 1998-0852-MSW-E;
TNRCC ID NUMBER: 12758; LOCATION: 6730 West Port Arthur Road, Beaumont, Jefferson
County, Texas; TYPE OF FACILITY: used oil and filter recycling; RULES VIOLATED:
30 TAC §335.62 and 40 CFR §279.10, by failing to provide documentation
of a hazardous waste determination made on an oily sludge from barge cleaning
operations; 30 TAC §324.11, 40 CFR §279.22(c)(1), and §279.45(d),
(e), (f), and (g)(1), by failing to have a spill prevention, control and countermeasures
plan, proper secondary containment for drums and small tanks used to store
used oil, properly labeled containers, and above-ground tanks used to store
oil at generator facilities; 30 TAC §324.15, 40 CFR §279.22(d),
§279.45(d), and the Code, §26.039 by failing to remediate and perform
cleanup procedures on used oil spilled onto the ground and flowing to the
rear of the facility; 30 TAC §324.11(2) and 40 CFR §279.24, by failing
to use transporters registered with both the United States Environmental Protection
Agency and the TNRCC; and 30 TAC §330.1182(a) and §330.1183(e)(3)
and (f) by failing to have equipment and secondary containment capable and
sufficient to respond to a spill equivalent to ten gallons for every 55-gallon
drum or volumetric equivalent and by failing to have secondary containment
for the used oil filter processing area; PENALTY: $12,000; STAFF ATTORNEY:
M. Camille Morris, Litigation Division, MC 175, (512) 239-3915; REGIONAL OFFICE:
3870 Eastex Freeway, Suite 110, Beaumont, Texas, 77703-1892, (409) 898-3838.
TRD-9904522
Paul C. Sarahan
Director, Litigation Division
Texas Natural Resource Conservation Commission
Filed: July 28, 1999
Correction of Error
The Texas Department of Protective and Regulatory Services adopted an amendment
to §700.1802. The rule appeared in the July 9, 1999, issue of the
Due to Texas Register error, the effective was published incorrectly as
November 11, 1999. The correct effective date should be November 1, 1999.
Notices of Applications for Service Provider Certificate of Operating Authority
Notice is given to the public of the filing with the Public Utility Commission
of Texas of an application on July 21, 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 A-CBT Systems, Inc., doing business
as Budget Communications for a Service Provider Certificate of Operating Authority,
Docket Number 21128 before the Public Utility Commission of Texas.
Applicant intends to provide basic local exchange telecommunications service.
Applicant's requested SPCOA geographic area includes the Houston Local
Access and Transport Area within the state of Texas.
Persons who wish to comment upon the action sought should contact the Public
Utility Commission of Texas, at P.O. Box 13326, Austin, Texas 78711-3326,
or call the commission's Office of Customer Protection at (512) 936-7120 no
later than August 11, 1999. Hearing and speech-impaired individuals with text
telephone (TTY) may contact the commission at (512) 936-7136.
TRD-9904455
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: July 23, 1999
Notice is given to the public of the filing with the Public Utility Commission
of Texas of an application on July 23, 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 Millennium Communications for a
Service Provider Certificate of Operating Authority, Docket Number 21136 before
the Public Utility Commission of Texas.
Applicant intends to provide resold local switched services, including,
but not limited to, monthly recurring, flat rate local exchange service, extended
metro service, foreign exchange service, custom calling services, Caller ID
and any other services which are available for resale from the underlying
incumbent local exchange carrier or other carriers authorized to do business
within the designated service area.
Applicant's requested SPCOA geographic area includes the entire state of
Texas currently served by Southwestern Bell Telephone Company and GTE Southwest,
Inc.
Persons who wish to comment upon the action sought should contact the Public
Utility Commission of Texas, at P.O. Box 13326, Austin, Texas 78711-3326,
or call the commission's Office of Customer Protection at (512) 936-7120 no
later than August 11, 1999. Hearing and speech-impaired individuals with text
telephone (TTY) may contact the commission at (512) 936-7136.
TRD-9904511
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: July 27, 1999
On July 20, 1999, Southwestern Bell Telephone Company and Bellsouth BSE,
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 21124. 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
21124. 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 August 17, 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 21124.
TRD-9904445
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: July 23, 1999
On July 13, 1999, AT&T Communications of the Southwest, Inc. and Southwestern
Bell Telephone Company, 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 21125. 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
21125. 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 10:00 a.m., August 16, 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 21125.
TRD-9904446
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: July 23, 1999
On July 13, 1999, Teleport Communications Houston, Inc. and Southwestern
Bell Telephone Company, 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 21126. 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
21126. 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 10:00 a.m., August 16, 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 21126.
TRD-9904447
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: July 23, 1999
On July 13, 1999, TCG Dallas, Inc. and Southwestern Bell Telephone Company,
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 21127. 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
21127. 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 10:00 a.m., August 16, 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 21127.
TRD-9904448
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: July 23, 1999
Correction of Error
The Railroad Commission of Texas proposed amendments to §§13.61,
13.69, and 13.70. The rules appeared in the July 9, 1999, issue of the
Due to Texas Register error, on page 5107, §13.70(d), shows the following
new language: “...
subsection (a)(1)(A) and (B)
...”
The “(B)” should not be published as new language.
Consultant Contract
Consistent with Govt. Code Section 2254, Southwest Texas State University,
Office of Media Relations and Publications will hire a consultant to assess
marketing efforts at SWT and advise on strategies for future marketing efforts.
Criteria to be used to select the consultant will be success in prior projects,
familiarity with higher education and expertise in current technologies and
marketing dynamics. The one-year contract award is anticipated in August,
1999. Please contact T. Cay Rowe, Director of Media Relations and Publications
at SWT, 512-245-2180.
TRD-9904514
William A. Nance
Vice President for Finance and Support Services
Southwest Texas State University
Filed: July 27, 1999
Request for Information
This Request for Information ("RFI") is intended as a first step in the
selection of outside counsel to provide legal services in intellectual property
matters to The Texas A&M University System and its components for the
biennium, September 1, 1999-August 31, 2001. Response to this RF1 is requested
within two weeks of receipt of this correspondence.
Description of Services
The Texas A&M University System (TAMUS) consists of nine universities,
a health science center and eight state agencies, as follows:
Prairie View A&M University, Tarleton State University, Texas A&M
International University, Texas A&M University, Texas A&M University-Commerce,
Texas A&M University-Corpus Christi, Texas A&M University-Kingsville,
Texas A&M University-Texarkana, West Texas A&M University, Texas A&M
University System Health Science Center, Texas Agricultural Experiment Station,
Texas Agricultural Extension Service, Texas Animal Damage Control Service,
Texas Engineering Experiment Station, Texas Engineering Extension Service,
Texas Forest Service, Texas Transportation Institute, Texas Veterinary Medical
Diagnostic Service
The Texas A&M University System maintains a proactive program of technology
transfer and licensing, coordinated for all its universities and agencies
through the TAMUS Technology Licensing Office or "TLO." The TLO is responsible
to the Vice Chancellor of Business Services. The mission of the TLO is to
transfer the proprietary intellectual property resulting from TAMUS' research
to industry for the public benefit and welfare.
In its management of TAMUS' intellectual property, the TLO may seek to
engage outside counsel to provide legal services as follows:
Preparation, filing, and prosecution of United States and foreign patent
applications.
Maintenance of U.S. and foreign patents.
Preparation, filing and prosecution of trademark applications.
Representation of TAMUS in litigation related to intellectual property
matters.
Consultation on complex licensing issues, protection strategies and other
miscellaneous intellectual property matters.
Statement of Intent
The Texas A&M University System (TAMUS) maintains a standard process
for selection of outside counsel for intellectual properly matters for the
biennium, September 1, 1999-August 31, 2001. The goals of this effort are:
To identify and select qualified representation for intellectual property
matters.
To provide all interested and qualified law firms within the State of Texas
with equal opportunity to be considered by TAMUS for its intellectual property
representation.
To select counsel for projects on the basis of technical qualifications,
experience in similar matters, and proposed cost to the State of Texas.
To manage the selection process in a manner that achieves the maximum benefit
to TAMUS and the State of Texas.
Process
The intent of this RFI process is to collect important information regarding
firms with interest in providing intellectual property representation to TAMUS.
Responding firms that meet all criteria specified in the RFI will be considered
"prequalified" for consideration by TAMUS for representation in intellectual
property matters.
Should a firm subsequently be selected by TAMUS for representation in intellectual
property matters, each selected firm will be required to enter into a contract
with the State of Texas, such contract subject to the approval of the Office
of Attorney General. Upon approval of the contract by the Office of Attorney
General, TAMUS will authorize the firm to initiate work on the subject project.
Request for Information
Please provide the following information in response to this RFI:
1. A description of the firm's qualifications for performing legal services
for TAMUS, including prior experience in intellectual property-related matters.
2. The names, experience and scientific or technical expertise of all attorneys
who may be assigned to work on intellectual property matters for TAMUS.
3. A description of the firm's efforts to encourage and develop the participation
of minorities and women in the provision of the firm's legal services generally
and intellectual property matters in particular.
4. A completed form, "Diversity Questionnaire" (forwarded upon initial
response to RFI).
5. Fee information, in the form of hourly rates for partners, associates,
paralegals and technical advisors who may be assigned to perform services
to TAMUS, flat fees or other fee arrangements, or other cost factors which
may assist TAMUS in achieving cost controls.
6. Representation that should it be selected by TAMUS to provide intellectual
property services, the firm will comply with the TAMUS' standard "Intellectual
Property-Related Legal Services Protocol." (forwarded upon initial response
to RFI)
7. Representation that should it be selected by TAMUS to provide intellectual
property services, the firm will enter into an "Outside Counsel Agreement."
(forwarded upon initial response to RFI)
8. Identification of a contact person for primary communication with the
firm on intellectual property matters.
Address and Due Date
Requested information should be forwarded to:
Charlotte E. Ferrata, Program Coordinator, TAMUS Technology Licensing Office,
310 WERC Building, College Station, Texas 77843-3369
Response to this RFI should be received by TAMUS no later than two weeks
from receipt of this letter.
TRD-9904499
Vickie Burt Spillers
Executive Secretary to the Board
Board of Regents, The Texas A&M University System
Filed: July 27, 1999
Texas A&M University-Corpus Christi intends to engage a consultant,
pursuant to Texas Government Code, Chapter 2254, Subchapter A and 43 TAC 9.30.9.40
to provide the following services.
Contract 9-036:
To perform academic quality
management and related research relative to postsecondary educational service
to demonstrate and maintain accreditation with the National League for Nursing.
Deadline:
A letter of interest notifying
Texas A&M University-Corpus Christi of the provider's intent to submit
a proposal will be accepted by fax at (361) 825-2772, mailed to Texas A&M
University-Corpus Christi, Attention: Rebecca Jones, Director of Nursing,
6300 Ocean Drive, Corpus Christi, Texas, 78412.
Letters
of interest will be received until 2:00 P.M., August 9, 1999.
The letter
of interest must include the consultant name, address, telephone number, the
name of consultant contact person and refer to the contract number. Upon receipt
of the letter of interest a Request for Proposal packet will be issued.
Proposal Submittal Deadline:
Request for
9-036 will be accepted until
2:00 P.M. on August 19,
1999
, at the Texas A&M University-Corpus Christi mentioned address.
Agency Contact:
Request for additional information
regarding this notice of invitation should be addressed to Rebecca Jones (361)
825-2649 or fax (361) 825-2772.
TRD-9904544
Vickie Burt Spillers
Executive Secretary to the Board
Texas A&M University System
Filed: July 28, 1999
Coastal Coordination Council
Comptroller of Public Accounts
Notice of Coastal Protection Fee Suspension
Notice of Consultant Contract Award
Office of Consumer Credit Commissioner
East Texas Council of Governments
Texas Education Agency
Request for Applications Concerning the Texas Education Agency Educational Technology PILOTS Project, 1999–2001
Request for Comments on Draft Request for Proposals for the Public Access Initiative Project
Finance Commission of Texas
Texas Department of Health
Health and Human Services Commission
Texas Department of Human Services
Texas Department of Insurance
Lamar University
Texas Lottery Commission
Texas Natural Resource Conservation Commission
Notice of Opportunity to Comment on Default Orders of Administrative Enforcement Actions
Notices of Opportunity to Comment on Settlement Agreements of Administrative Enforcement Actions
Texas Department of Protective and Regulatory Services
Public Utility Commission of Texas
Public Notices of Amendments to Interconnection Agreements
Railroad Commission of Texas
Southwest Texas State University
Texas A&M University System, Board of Regents
Request for Proposal
Texas Department of Transportation