Texas Department of Agriculture
Request for Proposals
Pursuant to the Texas Agriculture Code, §§46.001 - 46.005 and
4 Texas Administrative Code §§1.800 - 1.804, relating to agricultural
projects in certain urban schools, the Texas Department of Agriculture (the
department) hereby requests proposals for demonstration agricultural projects
for the period of April 1, 2000, through March 31, 2001, in certain Texas
urban school districts. A total amount of up to $2,500 may be awarded to an
eligible elementary school in a school year and only one grant per urban school
district may be awarded.
Eligibility.
Proposals must be submitted
by a Texas public elementary school from an urban school district with an
enrollment of at least 49,000 students.
Proposal Requirements.
Each proposal must
include the following: a description of the proposed project; a schedule of
projected costs for the project; and a statement of the educational benefits
of the project, including how the project will improve the students' understanding
of agriculture. The entire proposal may not exceed six pages, including cover
letter and attachments. Please send one original with ten additional copies.
All approved projects must be completed by March 31, 2001. Upon completion
of the project, a project summary of the educational results of the project
and pictures to document such results will be due within four weeks. The quality
of these reports may be used to evaluate further funding requests. All awards
will be subject to audit and periodic reporting requirements.
Proposals should be submitted to:
Carol
Funderburgh, Texas Department of Agriculture, 1700 North Congress Avenue,
9th Floor, Austin, Texas 78701. Ms. Funderburgh may be contacted by telephone
at (512) 463-8536 or by fax at (512) 463-8170, for additional information
about preparing the proposal. Proposals must be received by the department
no later than
5:00 p.m., Central Standard Time, March
1, 2000
.
All proposals will be evaluated by community group panels appointed by
the Commissioner of the Texas Department of Agriculture. These panels shall
consist of representatives from the following: the urban school district submitting
the request, the Texas Department of Agriculture, livestock industry, specialty
crop industry, row crop industry, horticulture industry, and the Texas Agricultural
Extension Service. Proposals will be evaluated based on the requirements set
forth above. The announcement of the grant awards will be made by March 31,
2000.
TRD-200000009
Dolores Alvarado Hibbs
Deputy General Counsel
Texas Department of Agriculture
Filed: January 4, 2000
Request for Proposal for Brazos Valley Workforce Center Operator
Request for Proposal (RFP).
The Brazos Valley
Workforce Development Board is seeking proposals for the operation and management
of its workforce centers serving the following Texas counties: Brazos, Burleson,
Grimes, Leon, Madison, Robertson, Washington. The Board has one certified
workforce center in Bryan, Texas and seven satellite offices in Bryan, Brenham,
Madisonville, Hearne, Jewett, Caldwell and Navasota.
The workforce center and satellite offices provide area residents with
access to programs and services funded by the Workforce Investment Act including
Worker Profiling, Temporary Assistance to Needy Families (Choices), Food Stamp
Employment and Training, and Welfare to Work programs.
Funding.
The approximate funding is $1,798,000.
Any contract resulting from the RFP will be a cost reimbursement contract,
for up to 15 months with an option for renewal based upon satisfactory performance
at the Board's discretion.
Copies.
Copies of the RFP may be obtained
by calling the Workforce Board at (409) 361-4520. A request for a copy of
the RFP may also be faxed to (409) 361-4200.
Deadline.
Proposals will be accepted until
A bidder's conference will be held on January 25, 2000, at 10:00 a.m. at
Blinn College - Townshire, 1905 South Texas Avenue, Room 37, Bryan, Texas.
The bidder's conference is not mandatory but the conference will be the only
opportunity for prospective bidders to ask questions concerning the RFP. All
entities receiving a copy of the RFP will also receive a faxed copy of questions
and answers from the bidder's conference.
The Brazos Valley Workforce Development Board reserves the right to accept
or reject any or all proposals.
Contact person for the RFP process is Richard Rogers, (512) 899-3688 or
email at
plannergy@aol.com
.
TRD-200000050
Patty Groff
Interim Director
Brazos Valley Workforce Development Board
Filed: January 5, 2000
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 December 15, 1999, through December
21, 1999:
FEDERAL AGENCY ACTIONS:
Applicant: Texas Department of Transportation - Brazoria County; Location:
The project site is located on the Old Brazos River, mile 4.6 on Velasco Street
in the City of Freeport, Brazoria County, Texas. CCC Project Number 99-0436-F1;
Description of Proposed Action: The applicant proposes to construct a new
fixed-span bridge to replace an existing fixed-span bridge on the same alignment.
The total length of the project is 1,260 feet. The replacement bridge will
be 596 feet in length and 63.8 feet wide. The construction is in a floodplain
with a 100-year flood elevation of 5.5 feet above mean sea level. Low steel
elevation of the proposed bridge is 21.1 feet above mean sea level. Type of
Application: United States Coast Guard permit application number CGD8-18-99
under §401 of the General Bridge Act (33 U.S.C.A. §525).
Applicant: Aimcor, Inc. Location: The project site is located in the Texas
City Ship Channel in Texas City, Galveston County, Texas. CCC Project Number
99-0437-F1; Description of Proposed Action: The applicant is requesting an
amendment to their existing permit to allow them to construct a 55-by-55-foot
crane platform, with an associated ramp located within their existing facility.
No dredging or placement of fill material is proposed. Type of Application:
U.S.A.C.E. permit application number 16686(07) under §10 of the Rivers
and Harbors Act of 1899 (33 U.S.C.A. 403).
Applicant: Houston Marine Services, Inc. Location: The project site is
located on the Houston Ship Channel approximately 0.5 mile east of the north
landing of the Lynchburg Ferry in Harris County, Texas. CCC Project Number
99-0438-F1; Description of Proposed Action: The applicant is requesting an
extension of time to perform their authorized work. The original permit authorized
the extension of an existing bulkhead, the construction of a dock and access
road, the installation of mooring and breasting dolphins, cranes, pipelines
and protective structures, the placement of fill material, and dredging. Type
of Application: U.S.A.C.E. permit application number 19115(04) 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: Barry Industrial Sand, Inc. Location: The project site is located
on Lake Tristan approximately 3 1/2 miles east of the Interstate Highway 10
(IH-10) bridge over the Neches River north of IH-10 and adjacent to the westbound
service road at Mile Marker 859 in Orange County, Texas. CCC Project Number
99-0439-F1; Description of Proposed Action: The applicant is requesting an
extension of time to perform the authorized work. The original permit authorized
the hydraulic dredging of sand from Lake Tristan. The lake is being dredged
to a depth of approximately 70 feet. Type of Application: U.S.A.C.E. permit
application number 20518(01) under §404 of the Clean Water Act (33 U.S.C.A. §§125-1387).
Applicant: Vintage Petroleum, Inc. Location: The project site is located
State Tract 46 in Trinity Bay, Chambers County, Texas. CCC Project Number
99-0440-F1; Description of Proposed Action: The applicant proposes to install
a 2-7/8-inch O.D. gas pipeline from their No. 1 Well in State Tract 2-3A to
the existing C-1 Complex Production Platform in State Tract 46, in Trinity
Bay, Chambers County, Texas. The state tracts proposed for work under this
permit are not included in the Texas Antiquity Committee's list of tracts
containing State Archaeological Landmarks. Therefore, the proposed activities
are not likely to affect pre-20th-century shipwrecks. Type of Application:
U.S.A.C.E. permit application number 09161(14)/182 under §10 of the Rivers
and Harbors Act of 1899 (33 U.S.C.A. 403).
Applicant: Equilon Pipeline Company LLC; Location: The project site is
located on Hillebrandt Bayou approximately 5 miles south of Beaumont and 1
mile west of Hillebrandt Road in Jefferson County, Texas. CCC Project Number
99-0441-F1; Description of Proposed Action: The applicant proposes to abandon,
in place, approximately 550 feet of 12-inch steel pipeline. The pipeline will
be abandoned once a new pipeline has been directionally drilled under Hillebrandt
Bayou, General Permit Number 14114(04)/600. Type of Application: U.S.A.C.E.
permit application number 21872 under §10 of the Rivers and Harbors Act
of 1899 (33 U.S.C.A. 403).
Applicant: Henry R. Stevenson, Jr. Location: The project is located on
Tiger Creek and associated wetlands at the 1000 block of West Freeway Boulevard
situated southwest of the intersection of Interstate Highway 10 with Church
Road at Latitude 30o07'06" and Longitude 94o01'58" in Vidor, Orange County,
Texas. CCC Project Number 99-0442-F1; Description of Proposed Action: The
applicant is seeking authorization to relocate approximately 1,500 feet of
Tiger Creek and to fill approximately 10 acres of adjacent wetlands for the
purpose of developing a 33.19-acre tract into a hotel, convention center,
and retail sales complex. Type of Application: U.S.A.C.E. permit application
number 21859 under §404 of the Clean Water Act (33 U.S.C.A. §§125-1387).
Applicant: Sanchez Oil & Gas Corporation; Location: The project is
located in Burnet Bay approximately 2,700 feet west of the eastern shoreline
and 3,900 feet north of the southern shoreline in Harris County, Texas. CCC
Project Number 99-0443-F1; Description of Proposed Action: The applicant proposes
to install, operate, and maintain structures necessary for oil/gas drilling
and production for the State Lease M099150, Well Number 1. This project would
include a typical drilling barge and keyway with a 240-foot by 100-foot shell
or gravel foundation pad. Additional activities may include foundations for
navigational aids, construction of moorings and markers, driving of test pilings
and coring operations. No dredging would be required. Type of Application:
U.S.A.C.E. permit application number 21814(Rev.) 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). 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-9909090
Larry R. Soward
Chief Clerk
General Land Office
Filed: December 30, 1999
Notice of Request for Proposals
Notice of Request for Proposals:
Pursuant
to Chapter 2254, Subchapter B, Texas Government Code, the Comptroller of Public
Accounts (Comptroller) announces the issuance of its Request for Proposals
(RFP) from qualified firms to provide duplicating and mailing services to
the Comptroller. The successful respondent, if any, will provide duplicating
and mailing services to the Comptroller on an as needed basis as described
in the RFP. The successful respondent will begin performance of the contract
on about March 1, 2000.
Contact:
Parties interested in submitting
a proposal should contact Pamela Ponder, Senior Legal Counsel, Comptroller
of Public Accounts, 111 E. 17th St., Room G-24, Austin, Texas, 78744, telephone
number: (512) 305-8673, to obtain a copy of the RFP. The Comptroller will
mail copies of the RFP only to those specifically requesting a copy. The RFP
was made available for pick-up at the above-referenced address on Tuesday,
January 4, 2000, after 2 p.m., Central Zone Time (CZT), and is available at
such address during normal business hours. The Comptroller also made the complete
RFP available electronically on the Texas Marketplace after Tuesday, January
4, 2000, 2 p.m. (CZT).
Closing Date:
Proposals must be received
in Senior Legal Counsel's Office at the address specified above no later than
2 p.m. (CZT), on February 3, 2000. Proposals received after this time and
date will not be considered.
Evaluation and Award Procedure:
All proposals
will be subject to evaluation by a committee based on the evaluation criteria
and procedures set forth in the RFP. The Comptroller will make the final decision.
The Comptroller reserves the right to accept or reject any or all proposals
submitted. The Comptroller of Public Accounts is under no legal or other obligation
to execute any contracts on the basis of this notice or the release of any
RFP. The Comptroller shall pay for no costs incurred by any entity in responding
to this Notice or the RFP.
The anticipated schedule of events is as follows:
Issuance of RFP - January 4, 2000, 2 p.m. CZT; Proposals Due - February
3, 2000, 2 p.m. CZT; Contract Execution - February 25, 2000, or as soon thereafter
as practical; Commencement of Work - March 1, 2000.
TRD-9909081
David R. Brown
Legal Counsel
Comptroller of Public Accounts
Filed: December 29, 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 §303.003
and §303.009, Texas Finance Code.
The weekly ceiling as prescribed by §303.003 and §303.009 for
the period of 01/10/00 - 01/16/00 is 18% for Consumer
1
/Agricultural/Commercial
2
/credit thru
$250,000.
The weekly ceiling as prescribed by §303.003 and §303.09 for
the period of 01/10/00 - 01/16/00 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.
TRD-200000018
Leslie L. Pettijohn
Commissioner
Office of Consumer Credit Commissioner
Filed: January 4, 2000
Request for Proposals
The Deep East Texas Workforce Development Board is seeking proposals from
qualified organizations to provide training services for in-school and out-of-school
youth ages 14 through 21 under Title I of the Workforce Investment Act. Proposals
may be submitted for projects to be operated during the school year (or until
June 30) and/or summer.
The Deep East Texas Local Workforce Development Board plans, oversees and
evaluates employment and training services to Angelina, Jasper, Newton, Nacogdoches,
Houston, Trinity, Shelby, Polk, San Augustine, San Jacinto, Sabine and Tyler
Counties.
Programs funded through this RFP must attain at least one of the following
outcomes for youth age's 14-18 years:
• attainment of basic skills, and as appropriate, work readiness or
occupational skills
• attainment of Secondary Diploma or equivalent (GED certificate)
• placement and retention (six month) in post-secondary education,
advanced training, qualified apprenticeships, military service or employment.
Programs funded through this RFP must attain at least one of the following
outcomes for youth age's 19-21 years:
• entry into unsubsidized employment
• retention in unsubsidized employment six months after entry into
employment
• earnings received in unsubsidized employment six months after entry
into the employment.
Proposers may include other outcomes appropriate to their program.
RFP release date:
Thursday, January 20, 2000
Biddder's Conference:
10:00 a.m., January
31, 2000 in Room 102 of Lufkin City Hall, 300 E. Shepherd, Lufkin, Texas.
Technical assistance will be limited to information at the Bidder's Conference.
Deadline for submission of proposals:
12:00
Noon CST, Tuesday, February 29, 2000
Requests for copies of the RFP can be made to:
Chris Gaston, Staff Services Officer, Deep East Texas Local Workforce Development
Board, Inc., 1318 S. John Redditt Drive, Lufkin, Texas 75904, (409) 639-8898,
FAX: (409) 633-7491, Email:
chris.gaston@twc.state.tx.us
TRD-200000044
Harry Green
Executive Director
Deep East Texas Workforce Development Board, Inc.
Filed: January 5, 2000
Request for Applications for Cycle 2 of the Prekindergarten and Kindergarten Grant Program, Planning and Facilities Improvement Grants, School Years 1999 - 2000 and 2000 - 2001
Eligible Applicants.
The Texas Education
Agency (TEA) is requesting Cycle 2 grant applications under Request for Applications
(RFA) number 701-00-018 from school districts and open-enrollment charter
schools for: (1) planning grants for new prekindergarten or expanded (half-day
to full-day) prekindergarten and kindergarten programs; and (2) facilities
improvement grants to improve or modify existing facilities to render them
age appropriate for prekindergarten and kindergarten populations. If eligible,
school districts and open-enrollment charter schools may apply for both a
planning grant and a facilities improvement grant. School districts and open-enrollment
charter schools that received Cycle 1 prekindergarten expansion grants (expansion
of half-day prekindergarten programs to a full day) are not eligible for planning
grants in Cycle 2 of the Prekindergarten and Kindergarten Grant Program. They
are eligible for facilities improvement grants.
Description.
The second funding cycle of
this grant program will be used to award funds for: (1) planning activities
related to new and/or expanded (full-day) prekindergarten and kindergarten
programs; and (2) facilities modifications to render them age-appropriate
for prekindergarten and kindergarten populations. Grant awards are subject
to negotiation and are at the discretion of the commissioner of education.
Facilities modification grant funds may not be used to purchase portable buildings
or other temporary facilities, construct new classroom space, or make cosmetic
improvements.
Objective.
The TEA's objective for this grant
program is to provide funding for prekindergarten and kindergarten programs
that are designed to develop the skills necessary for success in the regular
public school curriculum, including language, especially the development of
cognitive skills, with a focus on pre-reading, language, and mathematics.
Future Funding Cycles.
Future funding cycles
for the 2000 - 2001 school year will be used to award grants for new prekindergarten
programs at campuses which previously did not offer such a program and grants
to expand existing half-day prekindergarten programs to a full day. Information
regarding future funding cycles of this grant program will be distributed
via letter to all school district superintendents and open-enrollment charter
school chief operating officers, in addition to notice in the
Texas Register
.
Dates of Project.
The Prekindergarten and
Kindergarten Grant Program (Cycle 2: Planning and Facilities Improvement Grants)
will be implemented during the 1999 - 2000 and 2000 - 2001 school years. If
applicable, Cycle 2 grants may be renewed for the 2000 - 2001 school year,
provided all terms and conditions of 1999 - 2000 funding awards have been
met and subject to continued availability of funds.
Project Amount.
Planning grant awards will
be calculated at the maximum rate of $100 per student to be served in the
prekindergarten or kindergarten program to be planned, with a minimum funding
level (per school district or open-enrollment charter school) of $10,000 and
a maximum funding level of $200,000. The maximum funding level may be exceeded
in certain justified situations. Facilities improvement grants may be requested
at a minimum rate of $2,000 per classroom to be remodeled and a maximum rate
of $15,000 per classroom to be remodeled.
Selection Criteria.
Applications must address
each requirement as specified in the RFA to be considered for funding. Priority
will be given to school districts and open-enrollment charter schools where
student performance on the Grade 3 Texas Assessment of Academic Skills (TAAS)
tests falls below the state average. If funds are available, additional priority
may be given to school districts and open-enrollment charter schools that
serve the highest percentages of eligible children (limited English proficient,
educationally disadvantaged, and homeless). "Educationally disadvantaged"
is defined as those children eligible to participate in the national free
or reduced-price lunch program.
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 number 701-00-018, Prekindergarten and Kindergarten Grant Program,
Cycle 2: Planning and Facilities Improvement Grants, will automatically be
mailed to every school district superintendent and open-enrollment charter
school chief operating officer in the state. Additional copies of the RFA
may be obtained by writing to the Document Control Center, Room 6-108, Texas
Education Agency, William B. Travis Building, 1701 North Congress Avenue,
Austin, Texas 78701; by calling the Document Control Center at (512) 463-9304;
by faxing the Document Control Center at (512) 463-9811; or by e-mailing the
Document Control Center at "
dcc@tmail.tea.state.tx.us
". Please refer to the RFA number (701-00-018) and title (Prekindergarten
and Kindergarten Grant Program, Cycle 2: Planning and Facilities Improvement
Grants) in your request. Provide your name, complete mailing address, and
telephone number, including area code. The RFA for Cycle 2 of the Prekindergarten
and Kindergarten Grant Program, Planning and Facilities Improvement Grants,
will also be posted on the Grant Information page in the School Finance and
Grants section of the TEA web site on the Internet at
http://www.tea.state.tx.us
. The RFA will be removed from the TEA web
site shortly after the closing date of February 23, 2000.
Further Information
. For clarifying information
about the Cycle 2 RFA, Planning and Facilities Improvement Grants, or the
Prekindergarten and Kindergarten Grant Program, contact Cathy Cox, Division
of School Finance and Fiscal Analysis, Texas Education Agency, (512) 463-8994.
Questions regarding prekindergarten and kindergarten curriculum and programs
should be directed to Cami Jones, Curriculum and Professional Development,
Texas Education Agency, (512) 463-9501. Questions regarding student eligibility
for free or reduced-price lunch programs should be directed to the Division
of Child Nutrition Programs, Texas Education Agency, (512) 997-6550.
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), Wednesday, February 23,
2000
, to be considered for funding. Faxes or electronic mail submissions
will not be accepted. Funding decisions will be communicated via letter to
school district superintendents and open-enrollment charter school chief operating
officers.
TRD-200000049
Criss Cloudt
Associate Commissioner, Policy Planning and Research
Texas Education Agency
Filed: January 5, 2000
Cancellation of a Notice of Request for Proposals for the Medical Transportation Program
The Texas Department of Health is canceling the Notice of Request for Proposals
for the Medical Transportation Program that was published in the December
31, 1999, issue of the
Texas Register
(24
Tex Reg 12122), TRD No. 9908973. This was published in error because the dates
have changed and will be published at a later date.
TRD-200000076
Susan K. Steeg
General Counsel
Texas Department of Health
Filed: January 5, 2000
Notice is hereby given that the Bureau of Radiation Control (bureau) ordered
Welco Incorporated (licensee-L04787, expired) of Lubbock to immediately cease
and desist use of all licensable radioactive material it owns or possesses.
The order also requires the licensee to immediately transfer, for storage
or disposal, the radioactive material possessed under the license to a company
authorized to possess the radioactive material. The bureau determined that
continued unauthorized possession and/or use of the radioactive material without
a valid license constitutes an immediate threat to public health and safety,
and the existence of an emergency. The order will remain in effect until the
licensee has either properly transferred or disposed of the radioactive material,
and has provided the bureau with documentation on the actions taken, or has
obtained a radioactive material license authorizing possession of the radioactive
material.
A copy of all relevant material is available for public inspection at the
Bureau of Radiation Control, Texas Department of Health, Exchange Building,
8407 Wall Street, Austin, Texas, Monday-Friday, 8:00 a.m. to 5:00 p.m. (except
holidays).
TRD-200000038
Susan K. Steeg
General Counsel
Texas Department of Health
Filed: January 5, 2000
Notice is hereby given that the Bureau of Radiation Control (bureau) ordered
The Doctor's In (registrant-R25189) of El Paso to cease and desist performing
abdomen (KUB) x-ray procedures with the Bennett x-ray unit (Model Auto-Tech;
Serial Number B15672) until the exposure at skin entrance meets the Texas
radiation requirements. The bureau determined that continued radiation exposure
to patients in excess of that required to produce a diagnostic image constitutes
an immediate threat to public health and safety, and the existence of an emergency.
The order will remain in effect until the bureau authorizes the registrant
to perform the procedure.
A copy of all relevant material is available for public inspection at the
Bureau of Radiation Control, Texas Department of Health, Exchange Building,
8407 Wall Street, Austin, Texas Monday-Friday, 8:00 a.m. to 5:00 p.m. (except
holidays).
TRD-200000039
Susan K. Steeg
General Counsel
Texas Department of Health
Filed: January 5, 2000
Notice is hereby given that the Bureau of Radiation Control (bureau) ordered
Millennium Diagnostic Imaging (registrant-M00521) of Duncanville to immediately
surrender to the bureau for impoundment all mammography records at or near
its Arlington facility. The bureau determined that mammography exams noted
in these records may not have been properly performed. Improperly performed
mammograms may result in the patient(s) having precancerous or cancerous growths
that have gone undetected, which prevents early treatment. This constitutes
an immediate threat to public health and safety, and the existence of an emergency.
A copy of all relevant material is available for public inspection at the
Bureau of Radiation Control, Texas Department of Health, Exchange Building,
8407 Wall Street, Austin, Texas Monday-Friday, 8:00 a.m. to 5:00 p.m. (except
holidays).
TRD-200000040
Susan K. Steeg
General Counsel
Texas Department of Health
Filed: January 5, 2000
Pursuant to 25 Texas Administrative Code §289.205, the Bureau of Radiation
Control (bureau), Texas Department of Health (department), filed a complaint
against the following registrant: Griffin Veterinary Hospital, Temple, R24444.
The department intends to revoke the certificate of registration; order
the registrant to cease and desist use of such radiation machine(s); order
the registrant to divest himself of such equipment; and order the registrant
to present evidence satisfactory to the bureau that he has complied with the
orders and the provisions of the Texas Health and Safety Code, Chapter 401.
If the items in the complaint are corrected within 30 days of the date of
the complaint, the department will not issue an order.
This notice affords the opportunity to the registrant for a hearing to
show cause why the certificate of registration should not be revoked. A written
request for a hearing must be received by the bureau within 30 days from the
date of service of the complaint to be valid. Such written request must be
filed with Richard A. Ratliff, P.E., Chief, Bureau of Radiation Control (Director,
Radiation Control Program), 1100 West 49th Street, Austin, Texas 78756-3189.
Should no request for a public hearing be timely filed or if the items in
the complaint are not corrected, the certificate of registration will be revoked
at the end of the 30-day period of notice.
A copy of all relevant material is available for public inspection at the
Bureau of Radiation Control, Texas Department of Health, Exchange Building,
8407 Wall Street, Austin, Texas, Monday-Friday, 8:00 a.m. to 5:00 p.m. (except
holidays).
TRD-200000042
Susan K. Steeg
General Counsel
Texas Department of Health
Filed: January 5, 2000
The Texas Department of Health having duly filed complaints pursuant to
25 Texas Administrative Code §289.205, has revoked the following certificate
of registration: Griffin Veterinary Hospital, Temple, R24444, December 10,
1999.
A copy of all relevant material is available for public inspection at the
Bureau of Radiation Control, Texas Department of Health, Exchange Building,
8407 Wall Street, Austin, Texas, Monday-Friday, 8:00 a.m. to 5:00 p.m. (except
holidays).
TRD-200000041
Susan K. Steeg
General Counsel
Texas Department of Health
Filed: January 5, 2000
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TRD-200000037
Susan K. Steeg
General Counsel
Texas Department of Health
Filed: January 5, 2000
HOME Investment Partnerships Program Notice of Funding Availability
FY 2000 Funding Cycle
The Texas Department of Housing and Community Affairs (Department), through
its HOME Investment Partnerships (HOME) Program, is accepting applications
for FY 2000 HOME funding. The Department will award loans or grants to provide
decent, safe, and sanitary housing for low, very-low, and extremely-low income
households. Funds may be used for: rehabilitation or reconstruction of single-family
owner-occupied housing; down payment and closing cost assistance for homebuyers;
acquisition, construction, or rehabilitation of multifamily housing; and rental
subsidy and security deposits for tenants. Funds will be awarded in accordance
with the rules and procedures as set forth in the State of Texas HOME Program
Rules, 10 TAC §§53.5 - 53.62. Funds will not be awarded until the
FY 2000 HOME written agreement is executed between the Department and the
U.S. Department of Housing and Urban Development (HUD). The Department anticipates
receiving approximately thirty-seven million ($37,000,000) for FY 2000.
Eligible Applicants: (further limited in the application
guidelines)
Nonprofit Organizations
State Certified Community Housing Development Organizations (CHDO)
Units of General Local Government
For-profit Entities and/or Sole Proprietors
Public Housing Agencies
The Federal HOME rules require that 15% of the Department's total allocation
be awarded to CHDOs. Eligible CHDO activities are Rental Housing Development
and Homebuyer Assistance if the CHDO is also developing the property.
The Department will set aside 10% of the Department's total allocation
for applicants assisting Special Needs populations. All HOME activities are
eligible under the Special Needs set-aside. The applicant must target 100%
of the HOME assisted units to persons with special needs (as defined in the
HOME application) to qualify as a Special Needs application.
Percentage Allocation by HOME Activity
The following percentages apply to the HOME program budget for housing
activities:
Owner-Occupied Assistance--40%
Rental Housing Development--27%
Homebuyer Assistance--20%
Tenant-Based Rental Assistance--8%
The remaining 5% is for the HOME Demonstration Fund, which is not a part
of this NOFA.
Final determination of funding will be based on the FY 2000 HOME allocation
from HUD for the State of Texas, and approval of the State of Texas Consolidated
Plan--One Year Action Plan by HUD.
Funding for Owner Occupied Housing Assistance and Homebuyer Assistance
will be awarded through regional competition.
(Note:
a portion of the Homebuyer Assistance allocation will be available later through
a statewide reservation process)
. Rental Housing Development and Tenant-Based
Rental Assistance will be awarded through statewide competition.
Applications may be obtained by written or telephone request, at the application
workshops, or from the TDHCA web-site; see below for information.
Applications must be received by the Department no later than
5:00 pm March 17, 2000.
Applications sent by facsimile will not be
accepted. Applicants are required to remit a non-refundable application fee
payable to the Texas Department of Housing and Community Affairs in the amount
of $30.00 per application. Please send a check, cashier's check or money order;
do not send cash. The application fee must be paid at the time of application
submission. The Department is authorized to waive application fees for nonprofit
organizations that offer expanded services such as child care, nutrition programs,
job training assistance, health services, or human services. Nonprofit organizations
must include evidence of their exempt status in lieu of the application fee.
For additional information, contact the HOME Program at (512) 475-3109, or
visit our web-site at
www.tdhca.state.tx.us
Applications must be mailed to:
Texas Department of Housing and Community Affairs
HOME Investment Partnerships Program
P.O. Box 13941
Austin, Texas 78711-3941
Physical address:
507 Sabine
Austin, Texas 78701
TRD-200000033
Daisy A. Stiner
Executive Director
Texas Department of Housing and Community Affairs
Filed: January 4, 2000
Multifamily Housing Revenue Bonds (Aspen Villas
Apartments ) Series 2000
Notice is hereby given of a public hearing to be held by the Texas Department
of Housing and Community Affairs (the Department) at Kenneth D. Black Elementary
School, 160 Mill Stream Lane, Houston, Texas, 77060-4199, at 5:30 p.m. on
February 10, 2000, with respect to an issue of tax-exempt multifamily residential
rental project revenue bonds in the aggregate principal amount not to exceed
$9,750,000 and taxable bonds, if necessary, in an amount to be determined,
to be issued in one or more series (the Bonds), by the Texas Department of
Housing and Community Affairs (the Issuer). The proceeds of the Bonds will
be loaned to Aspen Villas, Ltd. (or a related person or affiliate thereof)
(the Borrower), to finance a portion of the acquisition, construction and
equipping of a multifamily housing project (the Project) described as follows:
240 unit multifamily residential rental development to be constructed on approximately
11.5 acres of land located on the west side of the 16,000 block of Imperial
Valley Drive, north of the shopping center on Aldine-Bender Road and across
from the North Oaks Apartments, Houston, Harris County, Texas, 77060. The
Project will be owned and operated by Aspen Villas, Ltd. The Project will
be managed by M-DG Group Inc., dba Alpha Management.
All interested parties are invited to attend such public hearing to express
their views with respect to the Project and the issuance of the Bonds. Questions
or requests for additional information may be directed to Robert Onion at
the Texas Department of Housing and Community Affairs, 507 Sabine, Austin,
Texas, 78701; (512) 475-3872.
Persons who intend to appear at the hearing and express their views are
invited to contact Robert Onion in writing in advance of the hearing. Any
interested persons unable to attend the hearing may submit their views in
writing to Robert Onion prior to the date scheduled for the hearing.
Individuals who require auxiliary aids in order to attend this meeting
should contact Gina Arenas, ADA Responsible Employee, at (512) 475-3943 or
Relay Texas at 1- (800) 735-2989 at least two days before the meeting so that
appropriate arrangements can be made.
http://www.tdhca.state.tx.us/hf.htm
Individuals who require child care to be provided at this meeting should
contact Dina Gonzalez at (512) 475-3757 at least five days before the meeting
so that appropriate arrangements can be made.
TRD-200000067
Daisy A. Stiner
Executive Director
Texas Department of Housing and Community Affairs
Filed: January 5, 2000
Multifamily Housing Revenue Bonds (Creek Point Apartments
) Series 2000
Notice is hereby given of a public hearing to be held by the Texas Department
of Housing and Community Affairs (the Department) at Wilson Creek Banking
Center, 2800 Virginia Parkway, McKinney, Texas at 12:00 p.m. on February 11,
2000, with respect to an issue of tax-exempt multifamily residential rental
project revenue bonds in the aggregate principal amount not to exceed $7,500,000
and taxable bonds, if necessary, in an amount to be determined, to be issued
in one or more series (the Bonds), by the Texas Department of Housing and
Community Affairs (the Issuer). The proceeds of the Bonds will be loaned to
Creek Point Limited Partnership (or a related person or affiliate thereof)
(the Borrower), to finance a portion of the acquisition, construction and
equipping of a multifamily housing project (the Project) described as follows:
200 unit multifamily residential rental development to be constructed on approximately
13 acres of land located at the northeast corner of Wilmeth Road and McDonald
Drive (SR 5), McKinney, Texas. The Project will be owned and operated by Creek
Point Limited Partnership. The Project will be managed by Picerne Management
Corporation.
All interested parties are invited to attend such public hearing to express
their views with respect to the Project and the issuance of the Bonds. Questions
or requests for additional information may be directed to Robert Onion at
the Texas Department of Housing and Community Affairs, 507 Sabine, Austin,
Texas 78701; (512) 475-3872.
Persons who intend to appear at the hearing and express their views are
invited to contact Robert Onion in writing in advance of the hearing. Any
interested persons unable to attend the hearing may submit their views in
writing to Robert Onion prior to the date scheduled for the hearing.
Individuals who require auxiliary aids in order to attend this meeting
should contact Gina Arenas, ADA Responsible Employee, at (512) 475-3943 or
Relay Texas at 1- (800) 735-2989 at least two days before the meeting so that
appropriate arrangements can be made.
http://www.tdhca.state.tx.us/hf.htm
Individuals who require child care to be provided at this meeting should
contact Dina Gonzalez at (512) 475-3757 at least five days before the meeting
so that appropriate arrangements can be made.
TRD-200000069
Daisy A. Stiner
Executive Director
Texas Department of Housing and Community Affairs
Filed: January 5, 2000
Multifamily Housing Revenue Bonds (Deerwood Pine
Apartments ) Series 2000
Notice is hereby given of a public hearing to be held by the Texas Department
of Housing and Community Affairs (the Department) at Wood Bayou Apartments,
12380 Wood Bayou Drive, Houston, Texas 77013, at 12:00 p.m. on Thursday, February
10, 2000, with respect to an issue of tax-exempt multifamily residential rental
project revenue bonds in the aggregate principal amount not to exceed $7,800,000
and taxable bonds, if necessary, in an amount to be determined, to be issued
in one or more series (the Bonds), by the Texas Department of Housing and
Community Affairs (the Issuer). The proceeds of the Bonds will be loaned to
Maxey Houston Apartments, L.P. (or a related person or affiliate thereof)
(the Borrower), to finance a portion of the acquisition, construction and
equipping of a multifamily housing project (the Project) described as follows:
199 unit multifamily residential rental development to be constructed on approximately
9.3084 acres of land located on the west side of Maxey Road 381 feet south
of Nola Court and North of Woodforest Drive, Houston, Harris County, Texas
77013. The Project will be owned and operated by Maxey Houston Apartments
L.P. The Project will be managed by Greater Coastal Management, L.L.C.
All interested parties are invited to attend such public hearing to express
their views with respect to the Project and the issuance of the Bonds. Questions
or requests for additional information may be directed to Robert Onion at
the Texas Department of Housing and Community Affairs, 507 Sabine, Austin,
Texas 78701; (512) 475-3872.
Persons who intend to appear at the hearing and express their views are
invited to contact Robert Onion in writing in advance of the hearing. Any
interested persons unable to attend the hearing may submit their views in
writing to Robert Onion prior to the date scheduled for the hearing.
Individuals who require auxiliary aids in order to attend this meeting
should contact Gina Arenas, ADA Responsible Employee, at (512) 475-3943 or
Relay Texas at 1- (800) 735-2989 at least two days before the meeting so that
appropriate arrangements can be made.
http://www.tdhca.state.tx.us/hf.htm
Individuals who require child care to be provided at this meeting should
contact Dina Gonzalez at (512) 475-3757 at least five days before the meeting
so that appropriate arrangements can be made.
TRD-200000065
Daisy A. Stiner
Executive Director
Texas Department of Housing and Community Affairs
Filed: January 5, 2000
Multifamily Housing Revenue Bonds (Hickory Bend
Apartments ) Series 2000
Notice is hereby given of a public hearing to be held by the Texas Department
of Housing and Community Affairs (the Department) at Polk Wisdom Public Library,
7151 Library Lane, Dallas, Texas, 75232, at 5:30 p.m. on February 9, 2000,
with respect to an issue of tax-exempt multifamily residential rental project
revenue bonds in the aggregate principal amount not to exceed $11,700,000
and taxable bonds, if necessary, in an amount to be determined, to be issued
in one or more series (the Bonds), by the Texas Department of Housing and
Community Affairs (the Issuer). The proceeds of the Bonds will be loaned to
Hickory Bend Apartment Limited Partnership (or a related person or affiliate
thereof) (the Borrower), to finance a portion of the acquisition, construction
and equipping of a multifamily housing project (the Project) described as
follows: 250 unit multifamily residential rental development to be constructed
on approximately 20 acres of land located in the 8700 block of Old Hickory
Road approximately one-quarter mile south of the intersection of Old Hickory
and Wheatland Road, Dallas, Texas 75237-3913. The Project will be owned and
operated by Hickory Bend Apartment Limited Partnership. The Project will be
managed by National Realty Management, Inc.
All interested parties are invited to attend such public hearing to express
their views with respect to the Project and the issuance of the Bonds. Questions
or requests for additional information may be directed to Robert Onion at
the Texas Department of Housing and Community Affairs, 507 Sabine, Austin,
Texas 78701; (512) 475-3872.
Persons who intend to appear at the hearing and express their views are
invited to contact Robert Onion in writing in advance of the hearing. Any
interested persons unable to attend the hearing may submit their views in
writing to Robert Onion prior to the date scheduled for the hearing.
Individuals who require auxiliary aids in order to attend this meeting
should contact Gina Arenas, ADA Responsible Employee, at (512) 475-3943 or
Relay Texas at 1- (800) 735-2989 at least two days before the meeting so that
appropriate arrangements can be made.
http://www.tdhca.state.tx.us/hf.htm
Individuals who require child care to be provided at this meeting should
contact Dina Gonzalez at (512) 475-3757 at least five days before the meeting
so that appropriate arrangements can be made.
TRD-200000064
Daisy A. Stiner
Executive Director
Texas Department of Housing and Community Affairs
Filed: January 5, 2000
Multifamily Housing Revenue Bonds (Ledbetter Apartments)
Series 2000
Notice is hereby given of a public hearing to be held by the Texas Department
of Housing and Community Affairs (the Department) at Highland Hills Branch
Public Library, 3624 Simpson Stuart Road, Dallas, Texas 75241, at 12:00 p.m.
on Wednesday, February 9, 2000, with respect to an issue of tax-exempt multifamily
residential rental project revenue bonds in the aggregate principal amount
not to exceed $7,250,000 and taxable bonds, if necessary, in an amount to
be determined, to be issued in one or more series (the Bonds), by the Texas
Department of Housing and Community Affairs (the Issuer). The proceeds of
the Bonds will be loaned to TCR Ledbetter Limited Partnership (or a related
person or affiliate thereof) (the Borrower), to finance a portion of the acquisition,
rehabilitation and equipping of a multifamily housing project (the Project)
described as follows: 192 unit multifamily residential rental development
located at 2965 East Ledbetter Drive, Dallas, Dallas County, Texas 75216.
The Project will be owned and operated by TCR Ledbetter Limited Partnership.
The Project will be managed by TCRS.
All interested parties are invited to attend such public hearing to express
their views with respect to the Project and the issuance of the Bonds. Questions
or requests for additional information may be directed to Robert Onion at
the Texas Department of Housing and Community Affairs, 507 Sabine, Austin,
Texas 78701; (512) 475-3872.
Persons who intend to appear at the hearing and express their views are
invited to contact Robert Onion in writing in advance of the hearing. Any
interested persons unable to attend the hearing may submit their views in
writing to Robert Onion prior to the date scheduled for the hearing.
Individuals who require auxiliary aids in order to attend this meeting
should contact Gina Arenas, ADA Responsible Employee, at (512) 475-3943 or
Relay Texas at 1- (800) 735-2989 at least two days before the meeting so that
appropriate arrangements can be made.
http://www.tdhca.state.tx.us/hf.htm
Individuals who require child care to be provided at this meeting should
contact Dina Gonzalez at (512) 475-3757 at least five days before the meeting
so that appropriate arrangements can be made.
TRD-200000066
Daisy A. Stiner
Executive Director
Texas Department of Housing and Community Affairs
Filed: January 5, 2000
Multifamily Housing Revenue Bonds (Oaks At Hampton
Apartments ) Series 2000
Notice is hereby given of a public hearing to be held by the Texas Department
of Housing and Community Affairs (the Department) at Keist Park Recreation
Center, 3080 S. Hampton Road, Dallas, Texas 75224-3007, at 5:30 p.m. on February
16, 2000, with respect to an issue of tax-exempt multifamily residential rental
project revenue bonds in the aggregate principal amount not to exceed $9,535,000
and taxable bonds, if necessary, in an amount to be determined, to be issued
in one or more series (the Bonds), by the Texas Department of Housing and
Community Affairs (the Issuer). The proceeds of the Bonds will be loaned to
Texas Hampton Senior Housing, L.P. (or a related person or affiliate thereof)
(the Borrower), to finance a portion of the acquisition, construction and
equipping of a multifamily housing project (the Project) described as follows:
250 unit multifamily residential rental development to be constructed on approximately
21 acres of land located on the west side of the 2900 block of Hampton Road,
Dallas, Texas 75224-3007. The Project will be owned and operated by Texas
Hampton Senior Housing, L.P. The Project will be managed by Southwest Housing
Management.
All interested parties are invited to attend such public hearing to express
their views with respect to the Project and the issuance of the Bonds. Questions
or requests for additional information may be directed to Robert Onion at
the Texas Department of Housing and Community Affairs, 507 Sabine, Austin,
Texas 78701; (512) 475-3872.
Persons who intend to appear at the hearing and express their views are
invited to contact Robert Onion in writing in advance of the hearing. Any
interested persons unable to attend the hearing may submit their views in
writing to Robert Onion prior to the date scheduled for the hearing.
Individuals who require auxiliary aids in order to attend this meeting
should contact Gina Arenas, ADA Responsible Employee, at (512) 475-3943 or
Relay Texas at 1- (800) 735-2989 at least two days before the meeting so that
appropriate arrangements can be made.
http://www.tdhca.state.tx.us/hf.htm
Individuals who require child care to be provided at this meeting should
contact Dina Gonzalez at (512) 475-3757 at least five days before the meeting
so that appropriate arrangements can be made.
TRD-200000062
Daisy A. Stiner
Executive Director
Texas Department of Housing and Community Affairs
Filed: January 5, 2000
Multifamily Housing Revenue Bonds (Timber Point
Apartments) Series 2000
Notice is hereby given of a public hearing to be held by the Texas Department
of Housing and Community Affairs (the Department) at High Meadows Public Library,
4500 Aldine Mail Road, Houston, Texas 77039, at 5:15 p.m. on Friday, February
11, 2000, with respect to an issue of tax-exempt multifamily residential rental
project revenue bonds in the aggregate principal amount not to exceed $8,520,000
and taxable bonds, if necessary, in an amount to be determined, to be issued
in one or more series (the Bonds), by the Texas Department of Housing and
Community Affairs (the Issuer). The proceeds of the Bonds will be loaned to
Timber Point Apartments Limited Partnership (or a related person or affiliate
thereof) (the Borrower), to finance a portion of the acquisition, construction
and equipping of a multifamily housing project (the Project) described as
follows: 240 unit multifamily residential rental development to be constructed
on approximately 12.77 acres of land located at the south side of Greens Road,
1/4 mile west of Highway 59 in Houston, Harris County, Texas 77396. The Project
will be owned and operated by Timber Point Apartments Limited Partnership.
The Project will be managed by Picerne Management Corporation.
All interested parties are invited to attend such public hearing to express
their views with respect to the Project and the issuance of the Bonds. Questions
or requests for additional information may be directed to Robert Onion at
the Texas Department of Housing and Community Affairs, 507 Sabine, Austin,
Texas 78701; (512) 475-3872.
Persons who intend to appear at the hearing and express their views are
invited to contact Robert Onion in writing in advance of the hearing. Any
interested persons unable to attend the hearing may submit their views in
writing to Robert Onion prior to the date scheduled for the hearing.
Individuals who require auxiliary aids in order to attend this meeting
should contact Gina Arenas, ADA Responsible Employee, at (512) 475-3943 or
Relay Texas at 1- (800) 735-2989 at least two days before the meeting so that
appropriate arrangements can be made.
http://www.tdhca.state.tx.us/hf.htm
Individuals who require child care to be provided at this meeting should
contact Dina Gonzalez at (512) 475-3757 at least five days before the meeting
so that appropriate arrangements can be made.
TRD-200000068
Daisy A. Stiner
Executive Director
Texas Department of Housing and Community Affairs
Filed: January 5, 2000
Multifamily Housing Revenue Bonds (Westmoreland
Gardens Apartments ) Series 2000
Notice is hereby given of a public hearing to be held by the Texas Department
of Housing and Community Affairs (the Department) at DeSoto City Hall, Pecan
Meeting Room I, 211 E. Pleasant Run Road, DeSoto, Texas 75115, at 12:00 p.m.
on February 16, 2000, with respect to an issue of tax-exempt multifamily residential
rental project revenue bonds in the aggregate principal amount not to exceed
$9,535,000 and taxable bonds, if necessary, in an amount to be determined,
to be issued in one or more series (the Bonds), by the Texas Department of
Housing and Community Affairs (the Issuer). The proceeds of the Bonds will
be loaned to Westmoreland Gardens Senior Housing, L.P. (or a related person
or affiliate thereof) (the Borrower), to finance a portion of the acquisition,
construction and equipping of a multifamily housing project (the Project)
described as follows: 250 unit multifamily residential rental development
to be constructed on approximately 13 acres of land located at the 800 block
of Kirnwood Drive, DeSoto, Texas 75115. The Project will be owned and operated
by Westmoreland Gardens Senior Housing, L.P. The Project will be managed by
Southwest Housing Management.
All interested parties are invited to attend such public hearing to express
their views with respect to the Project and the issuance of the Bonds. Questions
or requests for additional information may be directed to Robert Onion at
the Texas Department of Housing and Community Affairs, 507 Sabine, Austin,
Texas 78701; (512) 475-3872.
Persons who intend to appear at the hearing and express their views are
invited to contact Robert Onion in writing in advance of the hearing. Any
interested persons unable to attend the hearing may submit their views in
writing to Robert Onion prior to the date scheduled for the hearing.
Individuals who require auxiliary aids in order to attend this meeting
should contact Gina Arenas, ADA Responsible Employee, at (512) 475-3943 or
Relay Texas at 1- (800) 735-2989 at least two days before the meeting so that
appropriate arrangements can be made.
http://www.tdhca.state.tx.us/hf.htm
Individuals who require child care to be provided at this meeting should
contact Dina Gonzalez at (512) 475-3757 at least five days before the meeting
so that appropriate arrangements can be made.
TRD-200000063
Daisy A. Stiner
Executive Director
Texas Department of Housing and Community Affairs
Filed: January 5, 2000
Request for Information
Houston-Galveston Area Council (H-GAC) solicits information from organizations
and individuals interested in providing technical services to support industry
training committees. Prospective proposers may obtain a copy of the Request
for Information package by contacting Carol Kimmick at (713) 627-3200 or by
sending email to
ckimmick@hgac.cog.tx.us
.
Reponses are due at H-GAC offices by
5:00 p.m. on
Thursday, January 27, 2000
. Late proposals will not be accepted.
There will be no exceptions.
TRD-200000019
Jack Steele
Executive Director
Houston-Galveston Area Council
Filed: January 4, 2000
Request for Offer for Consulting Services for a Licensing System Requirements Analysis
Notice of Request for Offers
: Pursuant to
Chapter 2254, Subchapter B, Texas Government Code, the Department of Information
Resources (DIR) announces the issuance of its Request for Offer (RFO) for
consulting services for a Licensing System Requirements Analysis for fourteen
regulatory agencies.
Contact:
Parties interested in submitting
an offer should contact Tamra Gilbert, Contract Administrator, Department
of Information Resources, 300 W. 15th Street, Suite 1300, Austin, Texas 78701,
telephone number (512) 475-3320. The RFO will be available electronically
on the Texas Marketplace after January 4, 2000.
Closing Date:
Offers must be received by
DIR at the address specified above no later than 1 p.m. (CST), on Friday,
February 4, 2000. Proposals received after this time and date will not be
considered.
Evaluation and Award Procedure:
Proposals
will be subject to evaluation by a committee based on the evaluation criteria
and procedures set forth in the RFO.
TRD-200000001
C.J. Brandt, Jr.
General Counsel
Department of Information Resources
Filed: January 3, 2000
Insurer Services
The following applications have been filed with the Texas Department of
Insurance and are under consideration:
Application to do business in the State of Texas by SETON INSURANCE SERVICES
COMPANY, a non-profit group hospital service company. The home office is in
Austin, Texas.
Application to change the name of THE SECURITY MUTUAL LIFE INSURANCE COMPANY
OF LINCOLN, NEBRASKA to SECURITY FINANCIAL LIFE INSURANCE CO., a foreign life
company. The home office is in Lincoln, Nebraska.
Application to change the name of NEW LIFE INSURANCE COMPANY to COMPDENT
INSURANCE COMPANY, a domestic life company. The home office is in Houston,
Texas.
Application to change the name of LAWRENCEVILLE PROPERTY AND CASUALTY CO.,
INC. to LAWRENCEVILLE PROPERTY AND CASUALTY COMPANY, a foreign fire and casualty
company. The home office is in Arlington, Virginia.
Any objections must be filed with the Texas Department of Insurance, addressed
to the attention of Godwin Ohaechesi, 333 Guadalupe Street, M/C 305-2C, Austin,
Texas 78701.
TRD-200000089
Bernice Ross
Deputy Chief Clerk
Texas Department of Insurance
Filed: January 5, 2000
Under Docket Number 2439, the Commissioner of Insurance will hold a public
hearing on February 1, 2000, at 9:00 a.m. in Room 100 of the William P. Hobby,
Jr. State Office Building, 333 Guadalupe Street in Austin, Texas. This hearing
will be for the purpose of considering a petition by the Staff of the Texas
Department of Insurance to consider including not-for-profit nursing homes
as a category of health care provider. This would provide eligibility to obtain
medical liability insurance coverage from the Texas Medical Liability Insurance
Underwriting Association (JUA). Interested persons or entities and the public
may present comments at the hearing.
Copies of the petition 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,
please contact Angela Arizpe at (512) 463-6326 (refer to Ref. No. P-0100-01-I).
Any written statements or comments may also be submitted prior to the hearing
to the Office of the Chief Clerk, MC 113-2A, P.O. Box 149104, Austin, Texas
78714-9104. An additional copy of the written statement or comment should
be submitted to Marilyn Hamilton, Deputy Commissioner, Commercial Property/Casualty
Division, Mail Code 104-PC, P.O. Box 149104, Austin, Texas, 78714-9104.
This notification is made pursuant to the Insurance Code, Article 21.49-3,
Section 3A, which provides that if a category of physicians or health care
providers has been excluded from eligibility to obtain coverage from the JUA,
the Commissioner may determine, after notice of at least 10 days and a hearing,
that medical liability insurance is not available, and on that determination,
the category of physicians or health care providers is eligible to obtain
insurance coverage from the JUA.
TRD-200000035
Bernice Ross
Deputy Chief Clerk
Texas Department of Insurance
Filed: January 4, 2000
The following third party administrator (TPA) application has been filed
with the Texas Department of Insurance and is under consideration.
Application for admission to Texas of PacifiCare International Limited,
a foreign third party administrator. The home office is Dublin, Ireland.
Any objections must be filed within 20 days after this notice was filed
with the Secretary of State, addressed to the attention of Charles M. Waits,
MC 107-5A, 333 Guadalupe, Austin, Texas 78714-9104.
TRD-200000036
Bernice Ross
Deputy Chief Clerk
Texas Department of Insurance
Filed: January 4, 2000
Correction of Error
The Texas Natural Resource Conservation Commission (TNRCC) proposed revisions
to Chapter 117, specifically 30 TAC §§117.10, 117.131, 117.133-117.135,
117.138, 117.141, 117.143, 117.145, 117.147, 117.149, 117.260, 117.261, 117.265,
117.273, 117.279, 117.283, 117.512, and 117.524 which appeared in the December
31, 1999, issue of the
Texas Register
(24
TexReg 11959). The following errors were as submitted by TNRCC.
1. Under BACKGROUND AND SUMMARY OF THE FACTUAL BASIS FOR THE PROPOSED RULES,
paragraph 5, third sentence, the words "in the Tyler-Longview area" should
be deleted. In the fourth sentence, the word "Longview" should be replaced
with the words "some areas." In paragraph 6, seventh sentence, "and the surrounding
eight consolidated metropolitan statistical area (CMSA) counties" should be
added to the end of the sentence. Paragraph 9, third sentence, reads as follows:
"...would reduce 1997 EGF NOx emissions in the attainment counties of east
and central Texas by about 55%...." The reference to 55% should be 50%.
2. Under SECTION BY SECTION ANALYSIS, paragraph 26, the following sentences
should be added to the end of the paragraph. "A comprehensive trading system
is contemplated for proposal during summer 2000. The commission believes it
is appropriate to develop a holistic approach to emission trading, as opposed
to a piecemeal approach. However, the commission is open to accepting all
ideas regarding an emission trading program. Comments on emission trading
will not be addressed as part of this rulemaking, but will be addressed when
the commission considers its banking and trading program during summer 2000."
The following phrase should be added to the end of the last sentence in Paragraph
31: ", estimated to occur sometime during summer 2000."
3. The FISCAL NOTE and the PUBLIC BENEFIT sections should be entirely replaced
with the following text.
FISCAL NOTE
Bob Orozco, a technical specialist in the Strategic Planning and Appropriations
Section, has determined that for the first five-year period the proposed amendments
are in effect there will be no significant fiscal implications for units of
state government as a result of administration or enforcement of the proposed
amendments. However, there will be significant fiscal implications for units
of local government and river authorities that own and operate EGFs (including
electric utility boilers and/or stationary gas turbines used to generate electric
power) located in 31 counties in east and central Texas. The affected units
of government are the Lower Colorado River Authority and the cities of Austin,
Bryan, Denton, Garland, and Greenville.
The proposed amendments to Chapter 117 would require reductions in emissions
of NOx from certain electric generating facilities and cement kilns located
in 34 attainment counties in east and central Texas as part of the strategy
to reduce emissions of NOx necessary for the counties in the BPA, DFW, and
HGA ozone nonattainment areas to be able to demonstrate attainment with the
NAAQS for ozone. The proposed amendments are one element of the proposed DFW,
BPA, and HGA Attainment Demonstration SIP. A SIP is a plan developed for any
region where existing (measured and estimated) ambient levels of pollutant
exceeds the levels specified in a national standard. The plan sets forth a
control strategy that provides emission reductions necessary for attainment
and maintenance of the national standards.
The proposed amendments to Chapter 117 require electric power boilers and
gas fired turbines to reduce NOx to an emission rate of 0.165 lb/MMBtu or
less. In addition, the proposed amendments would require cement kilns to reduce
NOx emissions to levels specified in the EPA's notice of proposed rulemaking
concerning Federal Implementation Plans to Reduce the Regional Transport of
Ozone which was published in the October 21, 1998, issue of the Federal Register
(63 FR 56394). These levels of emissions are consistent with plans to attain
and maintain the requirements of the NAAQS.
The proposed amendments to Chapter 117 may require certain units of local
government, river authorities, and other major electric power producers located
in 31 attainment counties in east and central Texas that own and operate EGFs
(including electric utility boilers and/or stationary gas turbines used to
generate electric power) to reduce NOx emissions from those facilities. It
is anticipated that the following EGFs will be affected by the proposed amendments:
Welsh units 1, 2, and 3; Coleto Creek unit 1; J.K. Spruce unit 1; J.T. Deely
units 1 and 2; Sam Seymour units 1, 2, and 3; Dansby unit 1; Monticello unit
3; Pirkey unit 1; San Miguel; Gibbons Creek unit 1; Limestone units 1 and
2; Martin Lake units 1, 2, and 3; and Sandow unit 4. It is also anticipated
that the following EGFs will not be affected because further control is either
not required and/or they already meet the proposed emission standards: Powerlane
unit 3; Barney M. Davis unit 2; Decker Creek unit 2; TNP One units 1 and 2.
It is also anticipated that the following stationary gas turbines will not
be affected because they meet an exemption, based either on annual operation
below 850 hours per year or heat input below 2.2 10(11) Btu: City of Bryan
Atkins unit 7, Decker Creek units 1A/B-4A/B, DeCordova units 1-4, and Newgulf
unit 1. In addition, it is anticipated that Tenaska units 1 and 2 will not
be affected because these units are currently permitted at 42 parts per million
NOx, which is equivalent to the proposed limit of 0.15 lb NOx/MMBtu.
The proposed amendments will also require Portland cement kilns in five
counties in east and central Texas area to reduce NOx emissions. The five
counties in east and central Texas affected by the proposed amendments are
Bexar, Comal, Ellis, Hays, and McLennan Counties.
Applicability of the proposed amendments is limited to cement kilns and
major electricity producers such as electric cooperatives, independent power
producers, municipalities, river authorities or investor owned utilities in
the specified counties. The proposed amendments would not apply to small auxiliary
boilers or owners or operators of commercial, institutional, and industrial
sources, some of whom may provide electric power to an electric grid for compensation.
Gas turbine cogeneration facilities located at certain chemical plants and
refineries in the affected counties are examples of sources that are not affected
by the proposed amendments.
The fiscal implications for units of local government and the Lower Colorado
River Authority with affected electric generating facilities will be significant
and similar to those for business in general. It is estimated that emission
reductions by the Lower Colorado River Authority at the Sam Seymour EGF units
1, 2, and 3 will cost approximately $1,261 annually per ton of NOx reduced
or approximately $5.8 million to reduce emissions by 4,580 tons. It is estimated
that the cities of Bryan, Denton, Garland, and Greenville, which share ownership
of the Gibbons Creek unit 1, will incur annual costs of approximately $1,111
per ton of NOx reduced or approximately $1.8 million to reduce emissions by
1,610 tons. The Dansby EGF, which is owned by the city of Bryan, will have
to reduce emissions by 76 tons, but an estimated annual cost per ton of NOx
reduced is not available at this time. If the weighted annual cost for combustion
modifications at other utilities is used for the Dansby plant, the annual
cost would be approximately $800 per ton of NOx reduced or approximately $60,800
annually to reduce emission by 76 tons. It is anticipated that the gas turbines
will not be affected by the proposed amendments because they are not operated
above the proposed exemption levels or are already meeting the proposed emission
limit. However, if any of the turbines were required to operate above the
exemption levels, the estimated cost of control is $30/kilowatt and $400/ton,
based on the low range of cost estimates in "Electric Utility Nitrogen Oxides
Reduction Technology Options for Application by the Ozone Transport Assessment
Group," EPA, January 1996. The low range is selected since the units operated
at levels approaching the exemption levels are DeCordova units 1-4 and Newgulf
unit 1. These units already operate with water or steam injection, and therefore
the costs would involve additional water or steam production costs rather
than costs to modify the turbines for wet injection. There will be no costs
for compliance with the proposed amendments to Chapter 117 for EGFs which
are subject to SB 7 because these facilities will be required to comply with
the SB 7 reductions, adopted on December 16, 1999, and expected to be published
in the January 7, 2000, issue of the
Texas Register
, in Chapters 101, concerning General Rules, and 116, concerning Control
of Air Pollution by Permits for New Construction or Modification.
The cement plants and EGFs which will have to comply with the proposed
rules are currently subject to air permits and/or to other requirements under
federal rules, and therefore are already being inspected for compliance. Consequently,
no additional EGFs and cement kilns will need to be inspected for compliance
with the proposed rules. The commission anticipates that the Field Operations
Division inspectors will inspect for compliance with the proposed requirements
when conducting their routine inspections. However, these rules will cause
a minor increase in workload when inspecting the affected facilities.
PUBLIC BENEFIT - EGFs
Mr. Orozco has determined that for each year of the first five years the
proposed amendments to Chapter 117 are in effect, the public benefit anticipated
from enforcement of and compliance with the proposed amendments will be a
reduction of public exposure to NOx emitted from affected EGFs and the concomitant
reduced risks to human health and safety from ozone, a reduction of ground-level
ozone in near-attainment areas and ozone nonattainment areas and surrounding
counties, and conformance with the requirements of the FCAA. In addition,
the public benefit includes increased flexibility for affected EGFs in planning
and determining the most economical mix of control technology alternatives.
The proposed amendments apply to any EGF located in any of the 31 attainment
counties in east and central Texas as listed in proposed §117.131. The
proposed emission reductions may be met by installing control technologies
to reduce emissions. For purposes of this fiscal note, the estimated total
annualized cost to EGFs of implementing the provisions of the proposed amendments
consists of the cost of installing and operating the control technology sufficient
to insure that emission allowances are not exceeded. The emission monitoring
requirements in the proposed amendments cross reference federal regulations
concerning acid rain requirements. No additional costs are anticipated for
monitoring requirements because utilities are already required to comply with
acid rain regulations.
A worksheet was prepared by the commission staff in which an emission control
technology was assigned to each affected utility and costs estimated on a
dollars per ton of NOx reduced basis to achieve the proposed NOx reductions.
The worksheet was based on the EPA cost model, "NOx Cost Tool," available
on the Internet at http://www.epa.gov/acidrain/nox/noxtech.htm. The EPA cost
model is based on cost information contained in Chapter 5 of Regulatory Impact
Analysis of NOx Regulations, EPA (October 1996) and Analyzing Electric Power
Generation Under the CAA, EPA (July 1996). The EPA cost model limits SCR reductions
to 70% on coal-fired units, a conservative assumption which was modified to
80% based on case studies documented in Status Report on NOx Control Technologies
and Effectiveness for Utility Boilers, Northeast States for Coordinated Air
Use Management (1998). Utilities were either anticipated to use SCR, low-NOx
combustion modifications, or low-NOx burner and over-fired air technologies.
The annual average weighted cost per ton of NOx reduced varied from $365 per
ton of NOx reduced for low-NOx burner and over-fired air technologies at the
San Miguel plant to $2,161 per ton for SCR at the Monticello plant. The annual
average weighted cost for plants using SCR controls were calculated at approximately
$1,600 per ton of NOx reduced while the annual average weighted cost for plants
using combustion modifications was approximately $800 per ton of NOx reduced.
The combined annual average weighted cost for all plants with required reductions
was $1,242 per ton of NOx reduced. The total reductions required by utilities
in the proposed amendments was approximately 84,192 tons of NOx with a total
annual fiscal impact of approximately $104.6 million.
In February 1999, the Public Utility Commission of Texas (PUCT) and the
commission published a report entitled, "Electric Restructuring and Air Quality:
A Preliminary Analysis of Reductions and Costs of Nitrogen Oxides Controls
from Electric Utility Boilers in Texas." What was stated in that study also
applies to the estimates in this fiscal note. Reductions were estimated and
generic cost factors were used in this estimate, but individual companies
and specific units will most likely have different costs. This variability
in cost depends on the amount of emission reductions, the specific processes
involved, the size of the facility, and control methodologies employed for
emission reductions. The data also indicates that EGFs with the largest required
emission reductions have the lowest cost per ton of emissions reduced. In
general, the annualized cost for emission reductions is inversely proportional
to the amount of emissions required because when larger emission reductions
are required, the average cost is spread over more tons reduced.
The intent of the amendments to Chapter 117 is to reduce regional levels
of ozone, thereby moving nonattainment and near-nonattainment areas closer
to achieving attainment of the NAAQS. These revisions are an integral part
of the commission's overall goal of reducing ozone precursors, and complement
other strategies already adopted or soon to be proposed. Other strategies
include control requirements for other industries as well as controls for
mobile and area sources of emissions.
PUBLIC BENEFIT - CEMENT KILNS
Mr. Orozco has also determined that for each year of the first five years
the proposed amendments to Chapter 117 are in effect, the public benefit anticipated
from enforcement of and compliance with the proposed amendments will be a
reduction of public exposure to NOx emitted from affected cement kilns and
the concomitant reduced risks to human health and safety from ozone, a reduction
of ground-level ozone in near-attainment areas and ozone nonattainment areas
and surrounding counties, and conformance with the requirements of the FCAA.
There are no fiscal implications for units of state and local government
associated with the proposed amendments concerning cement kilns because there
are no cement kilns owned by state or local units of government.
The proposed amendments apply to nine existing cement plants located in
five counties (Bexar, Comal, Ellis, Hayes, and McLennan Counties) in east
and central Texas. The proposed emission reductions may be met by a variety
of control technologies and/or process controls to reduce emissions. The rules
do not mandate a specific method to be used to meet the emission limits, but
instead allow the owner or operator to determine the method which is most
cost-effective for each cement kiln. In Ellis County, the proposed rules are
estimated to require a NOx emission reduction of approximately 40% from baseline
at two of the three cement plants. The third cement plant in Ellis County
has already reduced its NOx emission rate by approximately 50% from baseline.
A summary of the nine existing cement plants and the estimated emission reductions
are as follows: Figure 1: 30 TAC Chapter 117-preamble (FIGURE REMAINS UNCHANGED
FROM PROPOSAL).
The commission estimates the average cost-effectiveness (the cost per ton
of NOx emissions reduced) to be approximately $1,458 per ton, based upon the
EPA's Regulatory Impact Analysis for the NOx SIP Call, FIP, and Section 126
Petitions, Volume 1: Costs and Economic Impacts (EPA-452/R-98-003, September
1998). Based upon this document, the average annual control costs are approximately
$5.3 million per kiln, with average annual monitoring/administrative costs
estimated at $975,000 per kiln. It should be noted that because the EPA grouped
all kilns together in their cost estimates, the costs for some kilns may be
significantly higher, while others will be significantly lower. Because the
cost for certain kilns may be too high to be considered reasonable, the commission
is proposing the availability of §117.283, concerning Source Cap, for
such situations.
The commission estimates the initial cost of a CEMS which monitors NOx,
oxygen, and flow to be approximately $137,400 to $179,600, with total annual
costs of $64,800 to $66,000, based upon U.S. Environmental Protection Agency's
Continuous Emission Monitoring System Cost Model, Version 3.0. It should be
noted that this cost model provides the initial costs (including capital and
installation costs) and annual costs (operating costs) for a single CEMS installed
to monitor emissions from one source at a plant. In the cost model's user
manual, the EPA notes that the cost model is not intended for use in estimating
the costs for multiple CEMS to monitor multiple sources at a plant. Simply
multiplying the number of CEMS by the model's result will overestimate the
total cost since some of the costs are not repeated with the addition of a
second CEMS or more.
Based on vendor quotes, it appears that the cost of CEMS has been dropping,
such that the EPA cost model overestimates both the initial and annual costs.
In addition, the proposed rule allows multiple kilns to share one CEMS, as
well as allowing PEMS as an alternative to CEMS, which should further reduce
the costs of complying with the proposed rule. It is generally recognized
that a PEMS, which consists of equipment necessary for the continuous determination
and recordkeeping of process gas concentrations and emission rates using process
or control device operating parameters measurements and a conversion equation,
graph, or computer program to produce results in units of the applicable emission
limitation, are generally less expensive than a CEMS. Therefore, the costs
estimated by the EPA's cost model could be expected to represent an upper
bound of the monitoring costs.
4. Under SMALL BUSINESS AND MICRO-BUSINESS IMPACT ANALYSES, paragraph 1,
last sentence, the words "$4,000 per ton of emissions reduced would appear
to be an acceptable estimate." should be replaced with "$800 per ton of NOx
reduced for combustion modifications and approximately $1,600 per ton of NOx
reduced for SCR would appear to be a reasonable cost estimate." The following
sentence should be added to the end of paragraph 2: "However, if there are
cement kilns which may be classified as small businesses or micro-businesses,
the average cost of $1,458 per ton of NOx emissions reduced, which was estimated
for the industry at large, would appear to be a reasonable estimate of costs
for small or micro-businesses."
5. Under DRAFT REGULATORY IMPACT ANALYSIS, paragraph 2, the next to the
last sentence should read as follows: "...established under federal law as
the NAAQS and authorized under Texas Clean Air Act (TCAA), §§382.011,
382,012, and 382.017."
6. Under TAKINGS IMPACT ASSESSMENT, paragraph 2, the fifth sentence should
read as follows. "Although the rule revisions do not directly prevent a nuisance
or prevent an immediate threat to life or property, they do prevent a real
and substantial threat to public health and safety and fulfill a federal mandate
under §110 of the 1990 Amendments to the FCAA."
7. In §117.138(b), the reference to §117.10 should be §117.10(11)(B).
In §117.138(k), the reference to "subsection (d) of this section" should
be "subsection (e) of this section."
An agreed order was entered regarding BATESVILLE WATER SUPPLY CORPORATION,
Docket Number 1997-1000-PWS-E; TNRCC PWS ID Number 2540005 on December 20,
1999 assessing $6,450 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Subhash Jain, Enforcement Coordinator at (512) 239-5867 or Scott McDonald,
Staff Attorney at (512) 239-6005, Texas Natural Resource Conservation Commission,
P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding CITY OF CROWELL& FOARD COUNTY,
Docket Number 1998- 0666-MSW-E; TNRCC MSW Permit Number 1401 on December 20,
1999 assessing $21,875 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Heather Otten, Staff Attorney at (512) 239-0600 or Timothy Haase, Enforcement
Coordinator at (512) 239-6007, Texas Natural Resource Conservation Commission,
P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding WAYNE BOOHER DBA BORDER TANK &
OIL, Docket Number 1998-1025-IHW-E; Enforcement ID Number 12470 on December
20, 1999 assessing $5,100 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
J. Craig Fleming, Enforcement Coordinator at (512) 239-5806 or Booker Harrison,
Staff Attorney at (512) 239-4113, Texas Natural Resource Conservation Commission,
P.O. Box 13087, Austin, Texas 78711-3087.
An order was entered regarding ANTHONY J. JOHNSTON, Docket Number 1998-1366-MSW-E
on December 20, 1999 assessing $9,000 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Randy Norwood, Enforcement Coordinator at (512) 239-1879 or Lisa Lemanczyk,
Staff Attorney at (512) 239-6939, Texas Natural Resource Conservation Commission,
P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding LESLIE ANDREW WARDLAW, Docket Number
1998-0498-OSI-E; Installer Certification No. 3404 (Expired) on December 20,
1999 assessing $500 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Scott McDonald, Staff Attorney at (512) 239-6005 or Karen Berryman, Enforcement
Coordinator at (512) 239-2172, Texas Natural Resource Conservation Commission,
P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding HA VAN NGUYEN DBA WINDY HILLS ESTATES
AND BURNET HILLS MOBILE HOME PARKS, Docket Number 1998-1167-PWS-E; TNRCC PWS
ID Nos. 0270090 and 0260042 on December 20, 1999 assessing $3,000 in administrative
penalties.
Information concerning any aspect of this order may be obtained by contacting
Ali Abazari, Staff Attorney at (512) 239-5915 or Gloria Stanford, Enforcement
Coordinator at (512) 239-1871, Texas Natural Resource Conservation Commission,
P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding K-FARMING ENTERPRISES, INC., Docket
Number 1999-0359- PWS-E; TNRCC PWS No. 0550016 on December 20, 1999 assessing
$2,188 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
John Wright, Staff Attorney at (512) 239-2269 or Steven Lopez, Enforcement
Coordinator at (512) 239-1896, Texas Natural Resource Conservation Commission,
P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding CITY OF PORTLAND, Docket Number 1998-1517-PWS-E;
PWS No. 2050005 on December 20, 1999 assessing $3,675 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Clint Pruett, Enforcement Coordinator at (512) 239-2042, Texas Natural Resource
Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding CITY OF KIRBYVILLE, Docket Number
1999-0357-PWS-E; PWS No. 1210002 on December 20, 1999 assessing $3,250 in
administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Tracy Gross, Staff Attorney at (512) 239-1736 or Jayme Brown, Enforcement
Coordinator at (512) 239-1683, Texas Natural Resource Conservation Commission,
P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding FARMERS DAIRIES, LTD., Docket Number
1999-0417-PWS-E; PWS No. 0710168 on December 20, 1999 assessing $1,063 in
administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Kim McGuire, Enforcement Coordinator at (512) 239-4761, Texas Natural Resource
Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding CITY OF CEDAR PARK, Docket Number
1998-1078-MWD-E; WQ Permit Number 12308-001; Enforcement ID Number 8746-2
on December 20, 1999 assessing $22,500 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Laura Kohansov, Staff Attorney at (512) 239-2029 or Craig Carson, Enforcement
Coordinator at (512) 239-2175, Texas Natural Resource Conservation Commission,
P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding FRONTIER PARK, INC., Docket Number
1999-0499-MWD-E; WQ Permit Number 11328-001 (Expired) on December 20, 1999
assessing $4,000 in administrative penalties with $800 deferred.
Information concerning any aspect of this order may be obtained by contacting
Erika Fair, Enforcement Coordinator at (512) 239-6673, Texas Natural Resource
Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding CITY OF ROCKPORT, Docket Number 1999-0659-MWD-E;
NPDES No. TX0022152 on December 20, 1999 assessing $5,000 in administrative
penalties.
Information concerning any aspect of this order may be obtained by contacting
Lynda Clayton, Enforcement Coordinator at (512) 239-5917, Texas Natural Resource
Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding PORT OF HOUSTON AUTHORITY, Docket
Number 1998-1304- MWD-E; WQ Permit Number 12375-001on December 20, 1999 assessing
$16,875. in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Eric Reese, Enforcement Coordinator at (512) 239-2611, Texas Natural Resource
Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding CITY OF CHINA, Docket Number 1999-0033-MWD-E;
WQ Permit Number 12104-001on December 20, 1999 assessing $7,000 in administrative
penalties.
Information concerning any aspect of this order may be obtained by contacting
Karen Berryman, Enforcement Coordinator at (512) 239-2172, Texas Natural Resource
Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding VANCOUVER MANAGEMENT, INC., Docket
Number 1999-0596- MWD-E; WQ Permit Number 11051-001on December 20, 1999 assessing
$11,375 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Rebecca Clausewitz, Enforcement Coordinator at (512) 239-2359, Texas Natural
Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding CITY OF HARLINGEN, Docket Number
1998-1073-MWD-E; WQ Permit Number 10490-003 on December 20, 1999 assessing
$41,250 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
John Wright, Staff Attorney at (512) 239-2269 or Pamela Campbell, Enforcement
Coordinator at (512) 239-4493, Texas Natural Resource Conservation Commission,
P.O. Box 13087, Austin, Texas 78711-3087.
A default order was entered regarding TOBY HAWKINS DBA H & H TIRE DBA
HAWKINS TIRE, Docket Number 1999-0921-MSW-E; Enforcement ID Number 13627 on
December 20, 1999 assessing $4,200 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Tracy Gross, Staff Attorney at (512) 239-1736 or John Mead, Enforcement Coordinator
at (512) 239-6010, Texas Natural Resource Conservation Commission, P.O. Box
13087, Austin, Texas 78711-3087.
An agreed order was entered regarding CITY OF DEL RIO, Docket Number 1999-0619-MSW-E;
MSW Permit Number 207-A on December 20, 1999 assessing $2,750 in administrative
penalties with $550 deferred.
Information concerning any aspect of this order may be obtained by contacting
Kent Heath, Enforcement Coordinator at (512) 239-4575, Texas Natural Resource
Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding LEE STAFFORD DBA LUBBOCK WASTE TIRE
RECYCLING; Docket Number 1999-0666-MSW-E; Used and Scrap Tire Transporter,
Processor and Storage Site Registration Numbers MSW-26920, MSW-79540 and MSW-44154
on December 20, 1999 assessing $7,875 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Tim Haase, Enforcement Coordinator at (512) 239-6007, Texas Natural Resource
Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.
A default order was entered regarding JIM OMER, ZAK OMER, BASEL SAAD AND
KHALED SAAD DBA ZAK'S MUFFLER AND INSPECTION, Docket Number 1998-0769-AIR-E;
TNRCC ID Number DB-4695-V; Enforcement ID Number 12702 on December 20, 1999
assessing $1,250 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Scott McDonald, Staff Attorney at (512) 239-6005 or Stacey Young, Enforcement
Coordinator at (512) 239-1899, Texas Natural Resource Conservation Commission,
P.O. Box 13087, Austin, Texas 78711-3087.
A default order was entered regarding SALEH SHUWIB DBA AUTO MERCHANTS,
Docket Number 1998- 1411-AIR-E; Air Account Number CP-0290-Q on December 20,
1999 assessing $625 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Ali Abazari, Staff Attorney at (512) 239-5915 or Suzanne Walrath, Enforcement
Coordinator at (512) 239-2134, Texas Natural Resource Conservation Commission,
P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding JOSE OLGUIN DBA CUERNAVACA LANDSCAPING,
Docket Number 1999-0654-AIR-E; Air Account Number TH-0712-P on December 20,
1999 assessing $1,000 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Elvia Maske, Enforcement Coordinator at (512) 239-0789, Texas Natural Resource
Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding RAFIQMOHAMMED DHUKA & ROYAL PRICE
CORP DBA ROCKING H GROCERY & FEED, INC., Docket Number 1999-0627-PST-E;
TNRCC ID Number 25015 on December 20, 1999 assessing $4,500 in administrative
penalties.
Information concerning any aspect of this order may be obtained by contacting
Nathan Block, Staff Attorney at (512) 239-4706 or Robbie Allen, Enforcement
Coordinator at (512) 239-2545, Texas Natural Resource Conservation Commission,
P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding RUHEE ENTERPRISES, INCORPORATED,
Docket Number 1998- 0616-PST-E; PST Facility ID Number 0036586; Enforcement
ID Number 12612 on December 20, 1999 assessing $8,750 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Tom Jecha, Enforcement Coordinator at (512) 239-2576, Texas Natural Resource
Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding OOZI ENTERPRISES, INC. DBA FINA FOODS,
Docket Number 1999-0634-PST-E; PST Facility ID Number 38759 on December 20,
1999 assessing $6,300 in administrative penalties with $1,260 deferred.
Information concerning any aspect of this order may be obtained by contacting
Thomas Greimel, Enforcement Coordinator at (512) 239-5690, Texas Natural Resource
Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding JOHN J. HEBERT DISTRIBUTOR, INC. &
MR. JIM MATLOCK AND MRS. CAROL MATLOCK, Docket Number 1999-0683-PST-E; PST
Facility ID Number 0045944 on December 20, 1999 assessing $2,500 in administrative
penalties.
Information concerning any aspect of this order may be obtained by contacting
Rebecca Clausewitz, Enforcement Coordinator at (512) 239-2359, Texas Natural
Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding SAM RO DBA OK TEXACO, Docket Number
1999-0638-PST-E; PST Facility ID Number 0039635 on December 20, 1999 assessing
$5,625 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
David Van Soest, Enforcement Coordinator at (512) 239-0468, Texas Natural
Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding SANTA FE INTERESTS, INC., Docket
Number 1999-0681-PST-E; PST Facility ID Number 0016539 on December 20, 1999
assessing $2,500 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Erika Fair, Enforcement Coordinator at (512) 239-6673, Texas Natural Resource
Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding RIVER FRONT SUPERETTE, INC., Docket
Number 1999-0023-PST- E; PST Facility ID Number 0055230 on December 20, 1999
assessing $2,500 in administrative penalties with $500 deferred.
Information concerning any aspect of this order may be obtained by contacting
Mohammed Issa, Enforcement Coordinator at (512) 239-1445, Texas Natural Resource
Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding WILLIAM J. HECK, Docket Number 1999-0498-OSI-E;
OSS Facility Registration Number 5184 on December 20, 1999 assessing $500
in administrative penalties with $100 deferred.
Information concerning any aspect of this order may be obtained by contacting
Merrilee Gerberding, Enforcement Coordinator at (512) 239-4490, Texas Natural
Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding ALPHA OMEGA RECYCLING, INC., Docket
Number 1999-0922- IHW-E; TNRCC ID Number HW50203-001on December 20, 1999 assessing
$26,000 in administrative penalties with $22,000 deferred.
Information concerning any aspect of this order may be obtained by contacting
Tracy Gross, Staff Attorney at (512) 239-1736 or Mac Vilas, Enforcement Coordinator
at (512) 239-2557, Texas Natural Resource Conservation Commission, P.O. Box
13087, Austin, Texas 78711-3087.
An agreed order was entered regarding QUALA SYSTEMS, INC., Docket Number
1997-1188-IHW-E; TNRCC ID Numbers 83828, 83778 & 83712 on December 20,
1999 assessing $87,490 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Tracy Gross, Staff Attorney at (512) 239-1736 or Randy Norwood, Enforcement
Coordinator at (512) 239-1879, Texas Natural Resource Conservation Commission,
P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding BP AMOCO OIL COMPANY (FORMERLY KNOWN
AS "AMOCO OIL COMPANY"), Docket Number 1999-0636-IWD-E; WQ Permit Number 00443
and TPDES Permit Number TX 0003522 on December 20, 1999 assessing $3,625 in
administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Michelle Harris, Enforcement Coordinator at (512) 239-0492, Texas Natural
Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding AMERICALF, INC., Docket Number 1998-1397-AGR-E;
No Permit Number on December 20, 1999 assessing $2,500 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Gilbert Angelle, Enforcement Coordinator at (512) 239-4489, Texas Natural
Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.
TRD-200000072
LaDonna Castañuela
Chief Clerk
Texas Natural Resource Conservation Commission
Filed: January 5, 2000
The Texas Natural Resource Conservation Commission (TNRCC) announces the
availability of the draft 2000 Clean Water Act (CWA) §303(d) List of
impaired and threatened water bodies in the state. The §303(d) list is
developed and promulgated pursuant to the requirements of §303(d) of
the federal CWA. The list is used to select water bodies for which total maximum
daily load (TMDL) analyses and management actions will be initiated during
the next two years. A secondary list of water bodies that demonstrate some
cause for concern (Concerns List) is also available; these water bodies may,
with additional data, be added to the final §303(d) list. In addition,
a draft list of water bodies that will be removed from the §303(d) list
(Draft List of Water Bodies Proposed for Removal from the §303(d) List)
is available for comment.
Local residents, interest groups, or other organizations may have knowledge
of specific problems, programs, or conditions unknown to TNRCC staff that
should be considered to finalize the list. Useful information may include
additional threats to water quality and water resources or additional data
that depicts the quality of the water body. Anyone interested in submitting
data or information should access the TNRCC website (see following address)
for detailed guidance on how to submit data to the TNRCC.
Additional information may result in: removal of a water body from the
draft §303(d) list; addition to the final §303(d) list of other
water bodies not on the draft §303(d) list or the Concerns List; movement
of a water body from the Concerns List to the final §303(d) list; or
change in the priority ranking assigned to each water body for TMDL development.
After the 45-day public comment period, the TNRCC will evaluate any additional
data or information received. If any additional data or information submitted
influences the draft list in one of the four ways listed above, this will
be reflected in the final §303(d) list. The final §303(d) list will
be sent to the United States Environmental Protection Agency (EPA) for approval
in April 2000.
In accordance with the TNRCC's five-year water quality management cycle,
the 2000 list focuses on water bodies in the following river basins and their
associated coastal basins: Canadian, Red, Sulphur, Cypress, Sabine, and Neches.
Comments on these water bodies are encouraged.
Comments on the draft 2000 CWA §303(d) List, the Concerns List, and
the Draft List of Water Bodies Proposed for Removal from the §303(d)
List must be provided in written form and sent to Patrick Roques, MC-150,
TNRCC, Water Permits and Resource Management Division, P.O. Box 13087, Austin,
Texas 78711-3087. For overnight mail packages, send to Patrick Roques, TNRCC,
Water Permits and Resource Management Division, MC-150, 12100 Park 35 Circle,
Building F, Austin, Texas 78753. Comments may also be faxed to Patrick Roques
at (512) 239-4420, or e-mailed to
proques@tnrcc.state.tx.us
. Comments will be accepted for 45 days after publication of this
notice, i.e., comments must be received by TNRCC no later than
5:00 p.m. on February 28, 2000
. Information must be submitted in writing
and cannot be accepted by telephone. TNRCC's responses to all comments will
be summarized and published six weeks after final approval of the list by
EPA.
A copy of the draft 2000 CWA §303(d) List, the Concerns List, and
the Draft List of Water Bodies Proposed for Removal from the §303(d)
List can be obtained via the Internet at
http://www.tnrcc.state.tx.us/water/quality/
. The lists may also be obtained upon written or verbal request from
Louanne Jones, TNRCC, Water Permits and Resource Management Division, MC-150,
P.O. Box 13087, Austin, Texas 78711-3087,
email lojones@tnrcc.state.tx.us
, or telephone number (512) 239-2310.
TRD-200000007
Margaret Hoffman
Director, Environmental Law Division
Texas Natural Resource Conservation Commission
Filed: January 3, 2000
Attached are Notices of Applications issued during the period of December
29, 1999.
ChemSep, Inc., located at 10020 Bayport Boulevard, near the intersection
of Bay Area Boulevard and Red Bluff Road, 1 1/2 miles west of State Highway
146 on approximately 2.5 acres in Pasadena, Harris County, Texas, currently
operates an oil recycling facility which produces fuel oil, has applied to
the Texas Natural Resource Conservation Commission (TNRCC) for a commercial
nonhazardous waste permit (Proposed Permit Number SW-39068) for storage and
processing of nonhazardous industrial solid waste in tanks and containers.
The Executive Director of the TNRCC has prepared a draft permit which, if
approved, would establish the conditions under which the facility must operate.
The Executive Director has reviewed this action for consistency with the goals
and policies of the Texas Coastal Management Program (CMP) in accordance with
the regulations of the Coastal Coordination Council and has determined that
the action is consistent with the applicable CMP goals and policies. PUBLIC
COMMENT / PUBLIC MEETING. Written public comments and requests for a public
meeting should be submitted to the Office of the Chief Clerk at the address
provided in the information section below, within 30 days of the date of newspaper
publication of the notice. A public meeting is intended for the taking of
public comment, and is not a contested case hearing. A public meeting will
be held if the Executive Director determines that there is a significant degree
of public interest. CONTESTED CASE HEARING. The TNRCC may grant a contested
case hearing on this application if a written hearing request is filed within
30 days from the date of newspaper publication of this notice. The Executive
Director may approve the application unless a written request for a contested
case hearing is filed within 30 days from the date of newspaper publication
of this notice. To request a contested case hearing, you must submit the following:
(1) your name (or for a group or association, an official representative),
mailing address, daytime phone number, and fax number, if any; (2) applicant's
name and permit number; (3) the statement "[I/we] request a contested case
hearing;" (4) a brief and specific description of how you would be affected
by the granting of the application in a way not common to the general public;
and (5) the location and distance of your property relative to the proposed
activity. You may also submit your proposed adjustments to the application/permit
which would satisfy your concerns. Requests for a contested case hearing must
be submitted in writing to the Office of the Chief Clerk at the address provided
in the information section below. If a hearing request is filed, the Executive
Director will not issue the permit and will forward the application and hearing
request to the TNRCC Commissioners for their consideration at a scheduled
Commission meeting. If a contested case hearing is held, it will be a legal
proceeding similar to a civil trial in state district court. INFORMATION.
Written hearing requests, public comments, or requests for a public meeting
should be submitted to the Office of the Chief Clerk, MC 105, TNRCC, P.O.
Box 13087, Austin, TX 78711-3087. For information concerning the hearing process,
please contact the Office of Public Interest Counsel, MC 103, the same address
as above. Individual members of the general public may contact the Office
of Public Assistance, c/o Office of the Chief Clerk, at the address above,
or by calling 1- (800) 687-4040 to: (a) review or obtain copies of available
documents (such as draft permit, technical summary, and application); (b)
inquire about the information in this notice; or (a) inquire about other agency
permit applications or permitting processes. General information regarding
the TNRCC can be found at our web site at www.tnrcc.state.tx.us.
TRD-200000071
LaDonna Castañuela
Chief Clerk
Texas Natural Resource Conservation Commission
Filed: January 5, 2000
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
February 14, 2000
. 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: Salvador Arauz dba Arauz Auto Repair; DOCKET NUMBER: 1999-0072-AIR-
E; TNRCC IDENTIFICATION (ID) NUMBER: DB-4993-K; LOCATION: 4515 Village Fair
Drive, Dallas, Dallas County, Texas; TYPE OF FACILITY: motor vehicle inspection
station; RULES VIOLATED: 30 TAC §114.50(e)(1) and Texas Health and Safety
Code (THSC), §382.085(b) by failing to perform all required emission
tests before issuing vehicle inspection reports; PENALTY: $1,875; STAFF ATTORNEY:
John Sumner, Litigation Division, MC 175, (512) 239-0497; REGIONAL OFFICE:
1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 469-6750.
(2) COMPANY: Conny Whitehorn dba Coronado Water Company; DOCKET NUMBER:
1998- 1308-PWS-E; TNRCC ID NUMBER: 11411; LOCATION: near Hereford, Deaf Smith
County, Texas; TYPE OF FACILITY: public water system; RULES VIOLATED: 30 TAC §290.46(f)(1)(A)
by failing to maintain the chlorinator at well number 3 and to maintain a
chlorine residual of 0.2 milligrams per liter (mg/L) in the far reaches of
the distribution system; 30 TAC §290.43(c)(9) and (d)(2) by using tanks
previously used for a non-potable purpose to store potable water and failing
to provide pressure relief devices on all pressure tanks; 30 TAC §290.45(b)(1)(C)(ii)
and (iii) by failing to provide a total storage capacity of 200 gallons per
connection and to provide two or more service pumps with a total rated capacity
of 2.0 gallons per minute per connection; 30 TAC §290.41(c)(1)(C) and
(F) and (3)(N) by failing to locate well number 1 more than 500 feet away
from a livestock pen, to provide flow meters for well numbers 1 and 3, and
to obtain a sanitary easement covering all property within 150 feet of well
numbers 1, 2, and 3; 30 TAC §290.113(c) by failing to annually notify
customers of a fluoride secondary maximum concentration level of 2.6 mg/L;
and 30 TAC §291.76, §290.51, THSC, §341.041, and the Code, §5.235(n)
by failing to pay water regulatory assessment fees for fiscal years 1994 through
1998 and public health service fees for fiscal years 1994 through 1999; PENALTY:
$1,813; STAFF ATTORNEY: John Sumner, Litigation Division, MC 175, (512) 239-0497;
REGIONAL OFFICE: 3918 Canyon Drive, Amarillo, Texas 79109-4933, (806) 353-9251.
TRD-200000016
Paul C. Sarahan
Director, Litigation Division
Texas Natural Resource Conservation Commission
Filed: January 4, 2000
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
February 14, 2000
. 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 February 14, 2000
. 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: David Bailey dba Bailey Egg Farm; DOCKET NUMBER: 1998-0313-AGR-E;
TNRCC IDENTIFICATION (ID) NUMBER: 02759-001; LOCATION: Farm-to-Market Road
609, La Grange, Fayette County, Texas; TYPE OF FACILITY: concentrated poultry
feeding operation; RULES VIOLATED: 30 TAC §305.503(a) by failing to pay
annual waste treatment fees for fiscal year 1998 within 30 days of the billing
date; the Code, §26.121 and TNRCC Water Quality Permit Number 02759-001,
Section V by discharging wastewater from the second evaporation lagoon via
overland flow into the surface waters of another creek then into Colorado
River Basin, resulting in a fish kill; and TNRCC Water Quality Permit Number
02759-001, Section VI, Special Provisions Numbers 1 and 8 by failing to operate
the waste control facilities with a minimum three feet of freeboard, failing
to operate the waste control facilities to a level below the operating level,
and failing to install a permanent depth indicator on each evaporation and
wastewater lagoon; PENALTY: $12,500; STAFF ATTORNEY: David Speaker, Litigation
Division, MC 175, (512) 239-2548; REGIONAL OFFICE: 1921 Cedar Bend Drive,
Suite 150, Austin, Texas 78758-5336, (512) 339-2929.
(2) COMPANY: Sidney L. Bishop, Jr.; DOCKET NUMBER: 1998-1011-MWD-E; TNRCC
ID NUMBER: 11099-001; LOCATION: near State Highway 21, west shore of Toledo
Bend Reservoir, Sabine County, Texas; TYPE OF FACILITY: wastewater treatment
plant; RULES VIOLATED: the Code, §26.121 and Water Quality Permit Number
11099-001 by failing to comply with the five- day biochemical oxygen demand
(BOD5) daily average concentration limit of 10.0 milligrams per liter (mg/L),
BOD5 individual grab sample limit of 35.0 mg/L, the total suspended solids
(TSS) daily average concentration limit of 15.0 mg/L, TSS individual grab
limit of 60.0 mg/L, and the dissolved oxygen minimum limit of 4.0 mg/L; PENALTY:
$3,000; STAFF ATTORNEY: John Wright, Litigation Division, MC 175, (512) 239-2269;
REGIONAL OFFICE: 3870 Eastex Freeway, Suite 110, Beaumont, Texas 77703-1892,
(409) 898-3838.
(3) COMPANY: South Texas District of The Assemblies of God dba Hill Country
Camp; DOCKET NUMBER: 1999-0010-PWS-E; TNRCC ID NUMBER: 1330033; LOCATION:
near Kerrville on Harper Road, Kerr County, Texas; TYPE OF FACILITY: public
water system; RULES VIOLATED: 30 TAC §290.45(b)(1)(B)(iii) by failing
to provide two or more service pumps having a total capacity of 2.0 gallons
per minute per connection at the residential system; 30 TAC §290.45(c)(1)(B)(iii)
by failing to provide two or more service pumps with a total capacity of 1.0
gallon per minute per connection at the cabin system; 30 TAC §290.45(b)(1)(B)(iv)
by failing to provide a pressure tank capacity of 20 gallons per connection
at the residential system; 30 TAC §290.45(c)(1)(B)(iv) by failing to
provide a pressure tank capacity of 10 gallons per connection at the cabin
system; 30 TAC §290.38 and §290.43(e) by failing to provide a properly
constructed intruder-resistant fence with lockable gates; 30 TAC §290.46(u)
by failing to provide a minimum pressure of 35 pounds per square inch throughout
the distribution system under normal operating conditions; 30 TAC §290.43(c)(1)
by failing to equip each ground storage tank with a vent of a gooseneck or
roof ventilator type with the opening protected by a l6-mesh or finer corrosion-
resistant material; 30 TAC §290.43(c)(2) by failing to provide the ground
storage tank with roof openings designed in accordance with American Water
Works Association (AWWA) standards; 30 TAC §290.43(c)(3) by failing to
provide an overflow pipe designed in accordance with AWWA standards which
terminates with a gravity hinged and weighted cover; 30 TAC §290.43(c)(4)
by failing to equip the ground storage tank with a liquid level indicator;
30 TAC §290.39 by failing to submit engineering reports on the design
and construction of the public water system; and 30 TAC §290.41(c)(3)(A)
by failing to submit to the TNRCC a copy of the well completion data before
placing the wells into service; PENALTY: $8,500; STAFF ATTORNEY: Tracy Gross,
Litigation Division, MC 175, (512) 239-1736; REGIONAL OFFICE: 140 Heimer Road,
Suite 360, San Antonio, Texas 78232-5042, (210) 490-3096.
(4) COMPANY: Humus Products of America, Inc.; DOCKET NUMBER: 1999-0717-IWD-E;
TNRCC ID NUMBER: 13710; LOCATION: 7319 North Park Drive, Richmond, Fort Bend
County, Texas; TYPE OF FACILITY: liquid humus manufacturer plant; RULES VIOLATED:
the Code, §26.121 by allowing the unauthorized discharge of industrial
wastewater into or adjacent to water in the state; PENALTY: $3,125; STAFF
ATTORNEY: John Wright, Litigation Division, MC 175, (512) 239-2269; REGIONAL
OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(5) COMPANY: Lowenco, Incorporated; DOCKET NUMBER: 1998-0504-MLM-E; TNRCC
ID NUMBER: 0055932; LOCATION: 500 Hobbs Road, League City, Galveston County,
Texas; TYPE OF FACILITY: underground storage tanks (UST); RULES VIOLATED:
the Code, §26.121 by allowing unauthorized spill of caustic material;
30 TAC §334.50(b)(1)(A) by failing to monitor the UST for releases at
least once every month; 1992 Agreed Order, Ordering Provision Number 3 by
failing to submit an approvable closure plan for the roll-off tanks and contaminant
area; PENALTY: $28,625; STAFF ATTORNEY: William Puplampu, Litigation Division,
MC 175, (512) 239-0677; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston,
Texas 77023-1486, (713) 767-3500;
(6 ) COMPANY: Montgomery Place Water System, Incorporated and Mitchell
M. Martin; DOCKET NUMBER: 1999-1038-PWS-E; TNRCC ID NUMBER: 1700074; LOCATION:
Montgomery Place Subdivision, off Old Conroe Magnolia Road, Spring, Montgomery
County, Texas; TYPE OF FACILITY: public water system; RULES VIOLATED: 30 TAC §290.120(h)(3)
by failing to timely submit to the commission a corrosion control study for
the Montgomery Place Subdivision public water system; and 30 TAC §290.51
and Texas Health and Safety Code, §341.041 by failing to pay public health
service fees; PENALTY: $125; STAFF ATTORNEY: Tracy Gross, Litigation Division,
MC 175, (512) 239-1736; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston,
Texas 77023-1486, (713) 767-3500.
(7) COMPANY: Ft. Bend Properties, Incorporated dba Fort Bend Properties,
Incorporated dba Spring West Water Supply Corporation; DOCKET NUMBER: 1998-1128-MWD-E;
TNRCC ID NUMBER: 12812-001; LOCATION: 1518 Spring Cypress Road, Houston, Harris
County, Texas; TYPE OF FACILITY: wastewater treatment plant; RULES VIOLATED:
30 TAC §319.7(d) and Water Quality Permit Number 12812-001 by failing
to timely submit monthly effluent reports; PENALTY: $2,500; STAFF ATTORNEY:
John Sumner, Litigation Division, MC 175, (512) 239-0497; REGIONAL OFFICE:
5425 Polk Avenue, Suite H, Houston, Texas 77023- 1486, (713) 767-3500.
TRD-200000017
Paul C. Sarahan
Director, Litigation Division
Texas Natural Resource Conservation Commission
Filed: January 4, 2000
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
February 14, 2000
.
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 February 14, 2000
. 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: The City of Aledo; DOCKET NUMBER: 1999-0565-MWD-E; IDENTIFIER:
Permit Number 10847-001; LOCATION: Aledo, Parker County, Texas; TYPE OF FACILITY:
wastewater treatment; RULE VIOLATED: Permit Number 10847-001 and the Code, §26.121,
by failing to meet permitted effluent limits; PENALTY: $15,000; ENFORCEMENT
COORDINATOR: Brian Lehmkuhle, (512) 239-4482; REGIONAL OFFICE: 1101 East Arkansas
Lane, Arlington, Texas 76010-6499, (817) 469-6750.
(2)COMPANY: Billy Hammons dba B&H Septic Service; DOCKET NUMBER: 1999-0945-
SLG-E; IDENTIFIER: Sludge Transporter Registration Number 20425; LOCATION:
near Poolville, Wise County, Texas; TYPE OF FACILITY: septic tank waste transporter;
RULE VIOLATED: 30 TAC §312.143 and the Code, §26.121, by failing
to obtain written authorization prior to depositing septic waste on his own
property; PENALTY: $800; ENFORCEMENT COORDINATOR: Michael De La Cruz, (512)
239-0259; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499,
(817) 469-6750.
(3)COMPANY: William L Bonnell Company, Inc. dba Bon L Campo, Limited Partnership;
DOCKET NUMBER: 1999-0920-IWD-E; IDENTIFIER: Permit Number 01208 and National
Pollutant Discharge Elimination System Permit Number (NPDES) TX0030597; LOCATION:
El Campo, Wharton County, Texas; TYPE OF FACILITY: production facility for
aluminum; RULE VIOLATED: the Code, §26.121, NPDES Permit Number TX0030975,
and Permit Number 01208, by failing to meet its permitted limits for the discharge
of aluminum; PENALTY: $2,500; ENFORCEMENT COORDINATOR: Sherry Smith, (512)
239-0572; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486,
(713) 767-3500.
(4)COMPANY: Bridgeport Property Owners Association, Incorporated; DOCKET
NUMBER: 1999-1064-PWS-E; IDENTIFIER: Public Water Supply (PWS) Number 1500106;
LOCATION: Kingsland, Llano County, Texas; TYPE OF FACILITY: public water supply;
RULE VIOLATED: 30 TAC §290.43(c), (e), and (d)(9), by failing to provide
a ground storage tank (GST) designed, fabricated, erected, tested, and disinfected
in strict accordance with current American Water Works Association (AWWA)
standards, enclose the GST with an intruder-resistant fence, and limit the
installation of no more than three pressure tanks at any one site; 30 TAC
290.46(i), (p)(1), and (x), by failing to adopt adequate plumbing ordinance,
regulations, or service agreement with provisions, provide documentation of
annual GST inspection, and plug an abandoned well; 30 TAC §290.44(h)(1),
by failing to develop a cross-connection control program; 30 TAC §290.39(h)(1)
and the THSC, §341.035(a)(2), by failing to receive written approval
of plans and specifications; 30 TAC §290.101(a) and the Code, §13.242,
by failing to obtain a Certificate of Convenience and Necessity; and 30 TAC §290.113,
by failing to meet the secondary constituent level for fluoride; PENALTY:
$938; ENFORCEMENT COORDINATOR: Sandy VanCleave, (512) 239-0667; REGIONAL OFFICE:
1921 Cedar Bend Drive, Suite 150, Austin, Texas 78758-5336, (512) 339-2929.
(5)COMPANY: Cooper's Automotive, Inc.; DOCKET NUMBER: 1999-0845-PST-E;
IDENTIFIER: Petroleum Storage Tank (PST) Facility Identification Number 0008290;
LOCATION: Groves, Jefferson County, Texas; TYPE OF FACILITY: gasoline service
station; RULE VIOLATED: 30 TAC §115.241 and the Act, §382.085(b),
by failing to install an approved Stage II vapor recovery system (VRS); PENALTY:
$1,500; ENFORCEMENT COORDINATOR: Bill Davis, (512) 239-2545; REGIONAL OFFICE:
3870 Eastex Freeway, Suite 110, Beaumont, Texas 77703-1892, (409) 898-3838.
(6)COMPANY: Cougar Stop Inc.; DOCKET NUMBER: 1999-0793-PST-E; IDENTIFIER:
PST Facility Identification Number 0015941; LOCATION: Texas City, Galveston
County, Texas; TYPE OF FACILITY: underground storage tank; RULE VIOLATED:
30 TAC §115.241 and the Act, §382.085(b), by failing to install
a Stage II VRS; PENALTY: $2,000; ENFORCEMENT COORDINATOR: Karen Berryman,
(512) 239-2172; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas
77023-1486, (713) 767-3500.
(7)COMPANY: D and R Metal Finishing; DOCKET NUMBER: 1999-1011-AIR-E; IDENTIFIER:
Air Account Number HG-1790-Q; LOCATION: Houston, Harris County, Texas; TYPE
OF FACILITY: sandblasting and metal coating; RULE VIOLATED: 30 TAC §101.10
and the Act, §382.085(b), by failing to submit an emissions inventory;
PENALTY: $2,000; ENFORCEMENT COORDINATOR: Carl Schnitz, (512) 239-1892; REGIONAL
OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(8)COMPANY: Marco D. Fernandez; DOCKET NUMBER: 1999-1193-OSS-E; IDENTIFIER:
On-Site Sewage Facility (OSSF) Number OS2409; LOCATION: Natalia, Medina County,
Texas; TYPE OF FACILITY: on-site sewage; RULE VIOLATED: 30 TAC §§285.91(9),
285.5, and 285.58(a)(3), by failing to submit planning materials and obtain
the necessary permitting authority's authorization before beginning to alter,
extend, or repair an OSSF; PENALTY: $275; ENFORCEMENT COORDINATOR: Robbie
Allen, (512) 239-3142; REGIONAL OFFICE: 140 Heimer Road, Suite 360, San Antonio,
Texas 78232-5042, (210) 490-3096.
(9)COMPANY: Gulf Chemical & Metallurgical Corporation; DOCKET NUMBER:
1999-0943- IHW-E; IDENTIFIER: Solid Waste Registration Number 30952; LOCATION:
Freeport, Brazoria County, Texas; TYPE OF FACILITY: metals recovery; RULE
VIOLATED: 30 TAC §335.4 and the Code, §26.121, by discharging spent
blasting grit outside of the blasting area and releasing material from the
solvent extracting area onto an adjacent concrete pad; 30 TAC §335.62,
by failing to conduct proper hazardous waste determinations for spent solvent
and solvent extraction sludge; 30 TAC §335.6, by failing to update the
Notice of Registration; 30 TAC §335.9(a)(1) and (2), by failing to keep
a record of the amount of spent solvent generated and to include the solvent
on the annual waste summary; 30 TAC §335.154, by failing to submit a
complete annual site activity report; and 30 TAC §335.2 and 40 Code of
Federal Regulations §266.100(c), by burning hazardous waste in the metal
recovery roaster; PENALTY: $11,840; ENFORCEMENT COORDINATOR: Susan Johnson,
(512) 239-2555; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas
77023-1486, (713) 767-3500.
(10)COMPANY: Gulfstream Aerospace Corp.; DOCKET NUMBER: 1999-1001-AIR-E;
IDENTIFIER: Air Account Number DB-1589-T; LOCATION: Dallas, Dallas County,
Texas; TYPE OF FACILITY: aircraft maintenance plant; RULE VIOLATED: 30 TAC §101.10
and the Act, §382.085(b), by failing to submit an emissions inventory;
PENALTY: $2,000; ENFORCEMENT COORDINATOR: Tel Croston, (512) 239-5717; REGIONAL
OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 469-6750.
(11)COMPANY: Hays County Youth Athletic Assocation, Inc.; DOCKET NUMBER:
1999- 0114-PWS-E; IDENTIFIER: PWS Number 1050096; LOCATION: Buda, Hays County,
Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.106(e)(2)
and the Code, §341.033(d), by failing to collect routine monthly, repeat,
and additional bacteriological samples and provide public notification of
the failure to comply with monthly sample and failure to sample after a coliform
positive result on a water test; 30 TAC §290.41(c)(1)(F), by failing
to provide a sanitary control easement; 30 TAC §290.46(f)(2)(B), (p)(1)
and (2), and (n), by failing to perform the disinfectant residual test, record
storage tank inspections, perform and record pressure tank inspections, and
provide a distribution system map; 30 TAC §290.42(e)(2) and (i), by failing
to have the chlorine injection point ahead of the water storage tank and failing
to use American National Standards Institute/National Sanitation Foundation
(ANSI/NSF) approved disinfectant; 30 TAC §290.43(c)(3) and (4), by failing
to have an overflow designed in strict accordance with AWWA standards; and
30 TAC §290.45(d)(2)(A)(ii) and (B)(ii), by failing to maintain a minimum
pressure tank capacity of 220 gallons and provide a ground storage capacity
which is equal to 50% of the maximum daily demand; PENALTY: $3,500; ENFORCEMENT
COORDINATOR: Gayle Stewart, (512) 239-1136; REGIONAL OFFICE: 1921 Cedar Bend
Drive, Suite 150, Austin, Texas 78758-5336, (512) 339-2929.
(12)COMPANY: Jeff Jeffers Enterprises, Incorporated dba Jeff's Auto Sale;
DOCKET NUMBER: 1999-1271-AIR-E; IDENTIFIER: Air Account Number GI-0273-U;
LOCATION: Sherman, Grayson County, Texas; TYPE OF FACILITY: used car lot;
RULE VIOLATED: 30 TAC §114.20(c)(1) and the Act, §382.085(b), by
offering for sale a vehicle with missing or inoperable emission control devices;
PENALTY: $900; ENFORCEMENT COORDINATOR: Jorge Ibarra, (817) 469-6750; REGIONAL
OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010- 6499, (817) 469-6750.
(13)COMPANY: Mr. Joseph Strom dba K & C Quick Stop; DOCKET NUMBER:
1999-1098- PST-E; IDENTIFIER: PST Facility Identification Number 0025495;
LOCATION: Dime Box, Lee County, Texas; TYPE OF FACILITY: convenience store
with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.50(b)(2)(A)(i)(III),
by failing to test the line leak detectors for proper maintenance and operation;
PENALTY: $4,320; ENFORCEMENT COORDINATOR: David VanSoest, (512) 239-0468;
REGIONAL OFFICE: 1921 Cedar Bend Drive, Suite 150, Austin, Texas 78758-5336,
(512) 339-2929.
(14)COMPANY: Longhorn Council of Boy Scouts of America dba Sid Richardson
Scout Ranch; DOCKET NUMBER: 1999-1133-PWS-E; IDENTIFIER: PWS Number 2490021;
LOCATION: near Fort Worth, Wise County, Texas; TYPE OF FACILITY: public water
supply; RULE VIOLATED: 30 TAC §290.118(1), by failing to maintain the
turbidity level; and 30 TAC §290.46(e)(1), by failing to have an operator
that holds a least a Grade "B" or higher waterworks operator certificate or
a Grade "C" certificate; PENALTY: $813; ENFORCEMENT COORDINATOR: Elvia Maske,
(512) 239-0789; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas
76010-6499, (817) 469-6750.
(15)COMPANY: Nabisco, Inc.; DOCKET NUMBER: 1999-1053-AIR-E; IDENTIFIER:
Air Account Number HG-0854-W; LOCATION: Houston, Harris County, Texas; TYPE
OF FACILITY: cookie and cracker manufacturing; RULE VIOLATED: 30 TAC §122.121, §122.130(b)(1),
and the Act, §382.085(b), by failing to submit an initial abbreviated
federal operating permit application; PENALTY: $2,000; ENFORCEMENT COORDINATOR:
Miriam Hall, (512) 239-1044; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston,
Texas 77023-1486, (713) 767-3500.
(16)COMPANY: Duc Nguyen dba Nina Mart; DOCKET NUMBER: 1999-1101-PST-E;
IDENTIFIER: PST Facility Identification Number 0010460; LOCATION: Fort Worth,
Tarrant County, Texas; TYPE OF FACILITY: convenience store with retail sales
of gasoline; RULE VIOLATED: 30 TAC §115.245(2) and the Act, §382.085(b),
by failing to perform the annual pressure decay test for the Stage II VRS;
PENALTY: $1,250; ENFORCEMENT COORDINATOR: Sheila Smith, (512) 239-1670; REGIONAL
OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 469-6750.
(17)COMPANY: North Green Municipal Utility Disrict; DOCKET NUMBER: 1999-1015-
MWD-E; IDENTIFIER: Permit Number 12206-001 and NPDES Permit Number TX0083381;
LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: wastewater treatment;
RULE VIOLATED: Permit Number 12206-001 and NPDES Permit Number TX0083381,
by failing to comply with permitted effluent limits; PENALTY: $2,000; ENFORCEMENT
COORDINATOR: Eric Reese, (512) 239-2611; REGIONAL OFFICE: 5425 Polk Avenue,
Suite H, Houston, Texas 77023- 1486, (713) 767-3500.
(18)COMPANY: Rangerreo, L. P.; DOCKET NUMBER: 1999-1146-AIR-E; IDENTIFIER:
Air Account Number EA-0042-C; LOCATION: Ranger, Eastland County, Texas; TYPE
OF FACILITY: natural gas processing plant; RULE VIOLATED: 30 TAC § 122.130(a), §122.121,
and the Act, §382.085(b) and §382.054, by failing to obtain a federal
operating permit; PENALTY: $2,000; ENFORCEMENT COORDINATOR: Kara Dudash, (915)
698-9674; REGIONAL OFFICE: 1977 Industrial Boulevard, Abilene, Texas 79602-7833,
(915) 698-9674.
(19)COMPANY: The City of Raymondville; DOCKET NUMBER: 1999-1036-MWD-E;
IDENTIFIER: Permit Number 10365-001 and Texas Pollutant Discharge Elimination
System (TPDES) Permit Number TX0024556; LOCATION: Raymondville, Willacy County,
Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(17),
TPDES Permit Number TX0024546, and the Code, §26.121, by failing to submit
discharge monitoring reports; PENALTY: $2,000; ENFORCEMENT COORDINATOR: Kimberly
McGuire, (512) 239-4561; REGIONAL OFFICE: 1804 West Jefferson Avenue, Harlingen,
Texas 78550-5247, (956) 425-6010.
(20)COMPANY: Severn Trent Environmental Services, Inc.; DOCKET NUMBER:
1999-0882- WOC-E; IDENTIFIER: Certificate of Competency Number 20035; LOCATION:
Aledo, Parker County, Texas; TYPE OF FACILITY: municipal wastewater; RULE
VIOLATED: 30 TAC §325.11(e), by failing to perform adequate facility
operational process control; PENALTY: $3,000; ENFORCEMENT COORDINATOR: Brian
Lehmkuhle, (512) 239-4482; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington,
Texas 76010-6499, (817) 469-6750.
(21)COMPANY: Solvay Interox, Inc.; DOCKET NUMBER: 1999-0794-IWD-E; IDENTIFIER:
Permit Number 002544; LOCATION: Deer Park, Harris County, Texas; TYPE OF FACILITY:
industrial manufacturing; RULE VIOLATED: 30 TAC §319.6 and Permit Number
002544, by failing to perform proper analytical protocol for outfall 001 due
to an insufficient number of standards for the number of oil and grease analyses
that were run; PENALTY: $375; ENFORCEMENT COORDINATOR: Tim Haase, (512) 239-6007;
REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713)
767-3500.
(22)COMPANY: Solvay Polymers, Inc.; DOCKET NUMBER: 1999-0795-IWD-E; IDENTIFIER:
Permit Number 00544; LOCATION: Deer Park, Harris County, Texas; TYPE OF FACILITY:
industrial manufacturing; RULE VIOLATED: 30 TAC §319.6 and Permit Number
00544, by failing to perform proper analytical protocol for permitted outfalls
001 and 003 due to recording atypically consistent first and second weights
for the drying and weighing procedures related to total suspended solids,
shortening the five-day test time for biochemical oxygen demand (BOD), and
recording atypically consistent seed correction, standard and blank data for
BOD and for outfalls 002, 004 and 005 due to an insufficient number of standards
for the number of oil and grease analyses that were run; PENALTY: $18,750;
ENFORCEMENT COORDINATOR: Tim Haase, (512) 239-6007; REGIONAL OFFICE: 5425
Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(23)COMPANY: Ronnie Stephens; DOCKET NUMBER: 1999-1062-WR-E; IDENTIFIER:
Enforcement Identification Number 13814; LOCATION: Proctor, Comanche County,
Texas; TYPE OF FACILITY: water rights; RULE VIOLATED: 30 TAC §304.32(a)(2)
and the Code, §11.121, by allegedly constructing a dam to impound surface
water without first obtaining a permit; PENALTY: $1,000; ENFORCEMENT COORDINATOR:
Jayme Brown, (512) 239-1683; REGIONAL OFFICE: 1977 Industrial Boulevard, Abilene,
Texas 79602-7833, (915) 698-9674.
(24)COMPANY: Treetop Utilities, Incorporated dba Treetop Estates; DOCKET
NUMBER: 1999-0955-PWS-E; IDENTIFIER: PWS Number 1840134; LOCATION: near Cresson,
Parker County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED:
30 TAC §290.41(c)(3)(A), by failing to submit the well completion data;
30 TAC §290.42(e)(2) and (i), by failing to disinfect the ground water
prior to distribution and obtain certification from an organization accredited
by the ANSI that all chemicals and additives conform with the ANSI/NSF standards;
30 TAC §290.43(c)(1) and (4), and (d)(3), by failing to provide an adequate
roof vent, equip a water level indicator on the ground storage tank, and install
a filter or other device on the air compressor injection line; and 30 TAC §290.46(j)
and (w), by failing to complete a customer service inspection prior to providing
continuous water service and post a legible sign to indicate system ownership;
PENALTY: $1,080; ENFORCEMENT COORDINATOR: Michael De La Cruz, (512) 239-0259;
REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817)
469-6750.
(25)COMPANY: Utex Industries, Incorporated; DOCKET NUMBER: 1999-1160-AIR-E;
IDENTIFIER: Air Account Number CR-0025-P; LOCATION: Weimar, Colorado County,
Texas; TYPE OF FACILITY: rubber gasket and seal manufacturing; RULE VIOLATED:
30 TAC §122.121, §122,130(b)(1), and the Act, §382.054, by
failing to submit an initial abbreviated federal operating permit application;
PENALTY: $2,000; ENFORCEMENT COORDINATOR: Rohit Bali, (713) 767-3500; REGIONAL
OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(26)COMPANY: Vintage Petroleum, Inc.; DOCKET NUMBER: 1999-0985-AIR-E; IDENTIFIER:
Air Account Number JB-0054-E; LOCATION: Lolita, Jackson County, Texas; TYPE
OF FACILITY: crude petroleum and natural gas production; RULE VIOLATED: 30
TAC §101.10 and the THSC, §382.014, by failing to submit an emissions
inventory questionnaire; PENALTY: $2,000; ENFORCEMENT COORDINATOR: Julia McMasters,
(512) 239-5839; REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi,
Texas 78412-5503, (361) 825-3100.
(27)COMPANY: West Hardin County Consolidated Independent School District;
DOCKET NUMBER: 1999-1091-MWD-E; IDENTIFIER: Permit Number 11274-001 and NPDES
TX0030813; LOCATION: Saratoga, Hardin County, Texas; TYPE OF FACILITY: wastewater
treatment; RULE VIOLATED: Permit Number 11274-001 and NPDES Permit Number
TX0030813, by failing to meet permit limits for total suspended solids daily
average concentration and individual grab samples; PENALTY: $2,000; ENFORCEMENT
COORDINATOR: Sherry Smith, (512) 239-0572; REGIONAL OFFICE: 3870 Eastex Freeway,
Suite 110, Beaumont, Texas 77703-1892, (409) 898-3838.
TRD-200000043
Paul Sarahan
Director, Litigation Division
Texas Natural Resource Conservation Commission
Filed: January 5, 2000
EDMUND A. WEINHEIMER, JR., P. O. Box 212, El Campo, Texas, 77347, applicant,
seeks to amend Water Use Permit Number 5263 pursuant to §11.122, Texas
Water Code, and Texas Natural Resource Conservation Commission Rules 30 TAC §§295.1,
et seq. Permit Number 5263 authorizes the owner, with a priority date of November
21, 1988, to divert not to exceed 140 acre-feet of water per annum from a
point on East Mustang Creek, tributary of Mustang Creek, tributary of the
Navidad River, tributary of the Lavaca River, approximately 7 miles southwest
of El Campo, Texas, to irrigate 187 acres of land out of two tracts totaling
239.35 acres in the following surveys in Wharton County: 1. Indianola RR Company
Survey Number 3, Abstract Number 258. 2. W. W. King Survey Number 4, Abstract
Number 609. 3. I. and G. N. RR Company Survey Number 17, Abstract Number 214.
The permit includes a maximum diversion rate of 1.7 cfs (795 gpm). Permit
Number 5263 also contains the following special conditions: Permittee may
divert water authorized under the permit only when the remaining flow of East
Mustang Creek immediately downstream of permittees diversion point equals
or exceeds 6 cfs. 2. Permit Number 5263 will expire and become null and void
on December 31, 1999 unless the permittee applies for and is granted an extension
to the permit. On January 14, 1999 an application was submitted by the permittee
requesting to amend Permit Number 5263 by removing the special condition indicating
that it would expire on December 31, 1999. The applicant is included in a
Compromise Settlement Agreement among the Lavaca Navidad River Authority (LNRA)
and the Texas Water Development Board (TWDB), the owners of the water right
for Lake Texana, and 16 other water right holders in the Lavaca River Basin
upstream from Lake Texana. The agreement includes a statement that LNRA would
not protest the conversion of applicants' term permit to a perpetual permit
subject to the following conditions: Diversion of water authorized under the
permit is limited to those times when the level of Lake Texana is at or above
43.0 msl; and Prior to initiating diversions, permittees must contact the
South Texas Watermaster to verify the level of Lake Texana. Subsequent to
the development of the settlement agreement, the Texas Natural Resource Conservation
Commission staff determined that applications to convert term permits to perpetual
water rights in the Lavaca River Basin upstream of Lake Texana should be accompanied
by a demonstration that an alternate water supply source is available for
irrigation use. The applicant has demonstrated that he owns groundwater wells
that could produce a total of 3000 gallons of water per minute.
ALLEN D. LAY AND NELL LAY, applicants, seek to amend Water Use Permit
Number 4085A pursuant to §11.122, Texas Water Code, and Texas Natural
Resource Conservation Commission Rules 30 TAC §§ 295.1, et seq.
Permit Number 4085, as amended once, authorize the owners, with a priority
date of April 18, 1983, to divert and use not to exceed 1050 acre-feet of
water per annum from either bank of Goldenrod Creek at a specific location
approximately 9 miles north of Ganado, Texas, to irrigate 350 acres of land
out of a 1209.2 acre tract in Jackson and Wharton Counties. The permit includes
a maximum diversion rate of 6.7 cfs (3000 gpm). Permit Number 4085A (A-4353A)
contains the following special conditions: 1.Permittees may divert water authorized
under the permit only when the flow of Goldenrod Creek immediately downstream
of their diversion point equals or exceeds 3 cfs. 2. Permit Number 4085A (A-4353A)
would expire and become null and void on December 31, 2003, unless permittees
apply for an extension and the application is granted for an additional term
or in perpetuity. On January 14, 1999 an application was submitted by the
permittees requesting to amend Permit Number 4085A (A- 4353A) by removing
the special condition indicating that it would expire on December 31, 2003.
The applicants are included in a Compromise Settlement Agreement among the
Lavaca Navidad River Authority (LNRA) and the Texas Water Development Board
(TWDB), the owners of the water right for Lake Texana, and 16 other water
right holders in the Lavaca River Basin upstream from Lake Texana. The agreement
includes a statement that LNRA would not protest the conversion of applicants'
term permit to a perpetual permit subject to the following conditions: 1.
Diversion of water authorized under the permit is limited to those times when
the level of Lake Texana is at or above 43.0 msl; and 2. Prior to initiating
diversions, permittees must contact the South Texas Watermaster to verify
the level of Lake Texana. Subsequent to the development of the settlement
agreement, the Texas Natural Resource Conservation Commission staff determined
that applications to convert term permits to perpetual water rights in the
Lavaca River Basin upstream of Lake Texana should be accompanied by a demonstration
that an alternate water supply source is available for irrigation use. The
applicants have demonstrated that they own groundwater wells that could produce
a total of 3400 gallons of water per minute.
EVA RUTH HANCOCK, RUTH HANCOCK SACCO, AND PAULA HANCOCK ROBINSON, c/o
Edward H. Sacco, 2709 Myatt Lane, El Campo, Texas 77437, applicants, seek
to amend Water Use Permit Number 5370 pursuant to §11.122, Texas Water
Code, and Texas Natural Resource Conservation Commission Rules 30 TAC §§
295.1, et seq. Permit Number 5370 authorizes owners, with a priority date
of July 1, 1991 to construct an off-channel reservoir located in the H. T. &
B. RR Co. Survey Number 9, Abstract Number 561, Lavaca County and impound
therein not to exceed 356 acre-feet of water. Permittees are authorized to
divert not to exceed 900 acre- feet of water per annum from a specific point
on the left or west bank of Goldenrod Creek, tributary of Sandy Creek, tributary
of the Navidad River, tributary of the Lavaca River, Lavaca River Basin at
a maximum rate of 11.11 cfs (5000 gpm) to the off-channel reservoir for subsequent
use, or directly to the fields for irrigation of 500 acres out of a 1651.63
acre tract of land in the following counties and surveys: A. H. T. & B
RR Co. Survey Number 9, Abstract Number 915, the E. W. King Survey Number
2, Abstract Number 937 and the H. T. & B RR Co. Survey, Abstract Number
914 in Colorado County B. E. W. King Survey Number 2, Abstract Number 432
and the H. T. & B RR Co. Survey, Abstract Number 442 in Jackson County
C. H. T. & B RR Co. Survey Number 9, Abstract Number 561, the E. W. King
Survey Number 4, Abstract Number 608, the E. W. King Survey Number 2, Abstract
Number 611, and the H. T. & B RR Co, Survey, Abstract Number 560 in Lavaca
County. Permittees are required to return water diverted but not consumed
to three specific points on Goldenrod Creek. In order to protect instream
uses, Permit Number 5370 contains a special condition authorizing permittees
to divert water under the permit only when the remaining flow of Goldenrod
Creek equals or exceeds 4.5 cfs (2010 gpm). Permit Number 5370 also includes
a condition that it would expire and become null and void on December 31,
2001, unless permittees apply for and are granted an extension to the permit.
Applicants seek to amend Permit Number 5370 by removing the special condition
indicating that it would expire on December 31, 2001. The applicants are included
in a Compromise Settlement Agreement among the Lavaca Navidad River Authority
(LNRA) and the Texas Water Development Board (TWDB), the owners of the water
right for Lake Texana, and 16 other water right holders in the Lavaca River
Basin upstream from Lake Texana. The agreement includes a statement that LNRA
would not protest the conversion of applicants' term permit to a perpetual
permit subject to the following conditions: 1. Diversion of water authorized
under the permit is limited to those times when the level of Lake Texana is
at or above 43.0 msl; and 2. Prior to initiating diversions, permittees must
contact the South Texas Watermaster to verify the level of Lake Texana. Subsequent
to the development of the settlement agreement, the Texas Natural Resource
Conservation Commission staff determined that applications to convert term
permits to perpetual water rights in the Lavaca River Basin upstream of Lake
Texana should be accompanied by a demonstration that an alternate water supply
source is available for irrigation use. Applicants have demonstrated that
they own groundwater wells that could produce a total of 5700 gallons of water
per minute.
JOHN L. RICHARDS AND SUSAN H. RICHARDS, AND RICHARDS BROTHERS COMPANY,
105 North Washington, El Campo, Texas, 77347, applicants seek to amend Water
Use Permit Number 5168 pursuant to §11.122, Texas Water Code, and Texas
Natural Resource Conservation Commission Rules 30 TAC §§ 295.1,
et seq. Permit Number 5168 authorizes owners, with a priority date of February
2, 1988, to maintain the following reservoirs located approximately 12 miles
northwest of El Campo in the Jose Defea Survey, Abstract Number 86, Wharton
County: 1. Reservoir 1: An existing dam and reservoir on Pinoak Creek, tributary
of Sandy Creek, tributary of the Navidad River, tributary of the Lavaca River,
Lavaca River Basin in Wharton County impounding a maximum of 2 acre-feet of
water. 2. Reservoir 2: An existing levee and off-channel reservoir adjacent
to Pinoak Creek impounding a maximum of 194 acre-feet of water. 3. Reservoir
3: An existing levee and off-channel reservoir adjacent to an unnamed tributary
of Potter's Creek impounding a maximum of 140 acre-feet of water. Permittees
are also authorized to divert not to exceed 1092 acre-feet of water per annum
to irrigate 398 acres of land out of a 1040.3 acre tract in the aforesaid
Defea Survey and not to exceed 725 acre-feet of water per annum from the perimeter
of Reservoir 1 to the two off-channel reservoirs for recreational purposes
(wetland wildlife habitat area). The permit includes a maximum diversion rate
from Reservoir 1 of 8.91 cfs (4000 gpm). Permittees are required to return
water diverted from Reservoir 1 for irrigation purposes but not consumed to
five specific points on Pinoak Creek, a specific point on Sandy Creek and
an unnamed tributary of Potters's Creek. Permit Number 5168 contains the following
special conditions: 1. Permittees may divert water during the month of June
only when all inflows up to 19.5 cfs are passed through Reservoir Number 1
and during the other months when all inflows up to 10.5 cfs are passed through
the reservoir. 2. In lieu of the above mentioned special condition, permittees
are authorized to divert water in accordance with an operating agreement between
permittees and the owners of Certificate of Adjudication Number 16-2083 and
Water Use Permit Number 4252 (A-4559) which must be approved by the Executive
Director. 3. Permit Number 5168 will expire and become null and void on December
31, 199, unless permittees apply for and are granted an extension to the permit.
On September 28, 1998 an application was submitted by the permittees requesting
to amend Permit Number 5168 by removing the special condition indicating that
it would expire on December 31, 1998. The applicants are included in a Compromise
Settlement Agreement among the Lavaca Navidad River Authority (LNRA) and the
Texas Water Development Board (TWDB), the owners of the water right for Lake
Texana, and 16 other water right holders in the Lavaca River Basin upstream
from Lake Texana. The agreement includes a statement that LNRA would not protest
the conversion of applicants' term permit to a perpetual permit subject to
the following conditions: 1. Diversion of water authorized under the permit
is limited to those times when the level of Lake Texana is at or above 43.0
msl; and 2. Prior to initiating diversions, permittees must contact the South
Texas Watermaster to verify the level of Lake Texana. Subsequent to the development
of the settlement agreement, the Texas Natural Resource Conservation Commission
staff determined that applications to convert term permits to perpetual water
rights in the Lavaca River Basin upstream of Lake Texana should be accompanied
by a demonstration that an alternate water supply source is available for
irrigation use. Applicants have demonstrated that they own groundwater wells
that could produce a total of 6050 gallons of water per minute.
The TNRCC may grant a contested case hearing on this application if a
written hearing request is filed within 30 days from the date of newspaper
publication of this notice. The Executive Director may approve the application
unless a written request for a contested case hearing is filed within 30 days
after newspaper publication of this notice.
To request a contested case hearing, you must submit the following: (1)
your name (or for a group or association, an official representative), mailing
address, daytime phone number, and fax number, if any; (2) applicant's name
and permit number; (3) the statement "[I/we] request a contested case hearing;"
(4) a brief and specific description of how you would be affected by the application
in a way not common to the general public; and (5) the location and distance
of your property relative to the proposed activity. You may also submit any
proposed conditions to the requested amendment which would satisfy your concerns.
Requests for a contested case hearing must be submitted in writing to the
TNRCC Office of the Chief Clerk at the address provided in the information
section below. If a hearing request is filed, the Executive Director will
not issue the requested amendment and may forward the application and hearing
request to the TNRCC Commissioners for their consideration at a scheduled
Commission meeting.
Written hearing requests, public comments or requests for a public meeting
should be submitted to the Office of the Chief Clerk, MC 105, TNRCC, P.O.
Box 13087, Austin, TX 78711-3087. For information concerning the hearing process,
please contact the Public Interest Counsel, MC 103 at the same address. For
additional information, individual members of the general public may contact
the Office of Public Assistance at 1-800-687-4040. General information regarding
the TNRCC can be found at our web site at www.tnrcc.state.tx.us.
TRD-200000073
LaDonna Castañuela
Chief Clerk
Texas Natural Resource Conservation Commission
Filed: January 5, 2000
The State Office Administrative Hearing has issued a Proposal for Decision
and Order to the Texas Natural Resource Conservation Commission on December
17, 1999. In the Matter of an Enforcement Action Against Basse Truck Line,
Inc; SOAH Docket Number 82-99-0802 ;TNRCC Docket Number 1998-1232-AIR-E. In
the matter to be considered by the Texas natural Resource Conservation Commission
on a date and time to be determined by the Chief Clerk's Office in Room 201S
of Building E, 12118 N. Interstate 35, Austin, Texas. This posting is Notice
of Opportunity to comment on Proposal for Decision and Order. Comment period
will end 30 days from date of publication. If you have any questions or need
assistance, please contact Doug Kitts, Chief Clerk's Office, (512) 239-3317.
TRD-200000070
Douglas A. Kitts
Agenda Coordinator
Texas Natural Resource Conservation Commission
Filed: January 5, 2000
Notices of Applications for Amendments to Service Provider Certificates of Operating Authority
On December 30, 1999, Telephone Plus filed an application with the Public
Utility Commission of Texas (commission) to amend its service provider certificate
of operating authority (SPCOA) granted in SPCOA Certificate Number 60097.
Applicant intends to reflect a change in ownership and control, and change
its name to CoServ Communications.
The Application: Application of Telephone Plus for an Amendment to its
Service Provider Certificate of Operating Authority, Docket Number 21842.
Persons with questions about this docket, or who wish to intervene or otherwise
participate in these proceedings should make appropriate filings or comments
to the Public Utility Commission of Texas at P.O. Box 13326, Austin, Texas
78711-3326 no later than January 19, 2000. You may contact the commission's
Office of Customer Protection at (512) 936-7120. Hearing and speech-impaired
individuals with text telephone (TTY) may contact the commission at (512)
936-7136. All correspondence should refer to Docket Number 21842.
TRD-200000021
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: January 4, 2000
On December 29, 1999, TXNet Communications filed an application with the
Public Utility Commission of Texas (commission) to amend its service provider
certificate of operating authority (SPCOA) granted in SPCOA Certificate Number
60175. Applicant intends to (1) reflect transfer of direct control to a holding
company, TCS Holdings, Inc.; (2) remove the resale-only restriction; (3) expand
its geographic area to include the entire state of Texas; and (4) change its
name to TxNet.
The Application: Application of TXNet Communications for an Amendment to
its Service Provider Certificate of Operating Authority, Docket Number 21913.
Persons with questions about this docket, or who wish to intervene or otherwise
participate in these proceedings should make appropriate filings or comments
to the Public Utility Commission of Texas at P.O. Box 13326, Austin, Texas
78711-3326 no later than January 19, 2000. You may contact the commission's
Office of Customer Protection at (512) 936-7120. Hearing and speech-impaired
individuals with text telephone (TTY) may contact the commission at (512)
936-7136. All correspondence should refer to Docket Number 21913.
TRD-200000022
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: January 4, 2000
Notice is given to the public of the filing with the Public Utility Commission
of Texas of an application on December 30, 1999, to amend a certificate of
convenience and necessity pursuant to §§14.001, 37.051, and 37.054,
37.056, 37.057 of the Public Utility Regulatory Act, Texas Utilities Code
Annotated (Vernon 1998) (PURA). A summary of the application follows.
Docket Style and Number: Application of Entergy Gulf States, Inc. (EGSI)
to Amend a Certificate of Convenience and Necessity for a Proposed Transmission
Line within Montgomery County. Docket Number 21915.
The Application: EGSI proposes to construct a 5.7-mile long, 138,000 volt
(138kV) electric transmission line and a new substation. The site of the new
transmission line for which certification is sought is located in Montgomery
County. The new substation, Spring Creek, will also be located in Montgomery
County. Copies of the amended application and additional associated maps are
available for reviewing at the EGSI office, 9425 Pinecroft, The Woodlands,
Texas, 77380. Persons with questions about this project should contact Terry
Allemand at (281) 362-4071.
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 or
(888) 782-8477. Hearing and speech-impaired individuals with text telephone
(TTY) may contact the commission at (512) 936-7136 or use Relay Texas (toll-free)
1-800-735-2989. The deadline for intervention in the proceeding will be established,
but will be no earlier than February 14, 2000. The commission should receive
a letter requesting intervention on or before that date.
TRD-200000010
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: January 4, 2000
On December 27, 1999, Southwestern Bell Telephone Company and Sage Telecom,
Inc. collectively referred to as applicants, filed a joint application for
approval of amendment to their T2A 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,
Chapters 52 and 60 (Vernon 1998) (PURA). The joint application has been designated
Docket Number 21905. 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 ten 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
21905. 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 January 20, 2000, 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 21905.
TRD-200000006
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: January 3, 2000
On December 28, 1999, Southwestern Bell Telephone Company and GTE Communications
Corporation, collectively referred to as applicants, filed a joint application
for approval of amendment to an existing interconnection agreement under §252(i)
of the federal Telecommunications Act of 1996, Public Law Number 104-104,
110 Statute 56, (codified as amended in scattered sections of 15 and 47 United
States Code) (FTA) and the Public Utility Regulatory Act, Texas Utilities
Code Annotated, Chapters 52 and 60 (Vernon 1998) (PURA). The joint application
has been designated Docket Number 21912. 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 ten 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
21912. 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 January 26, 2000, 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 21912.
TRD-200000024
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: January 4, 2000
The Public Utility Commission of Texas (commission) will hold several workshops
regarding the Implementation of Customer Education Program for Electric Choice
(Senate Bill 7, PURA §39.902). All workshops will be held at the commission
offices located on the 7th floor of the William B. Travis Building, 1701 North
Congress Avenue, Austin, Texas, 78701 on the following days:
Tuesday, February 15, 2000, at 1:00 p.m. in Hearing Room Gee
Tuesday, March 14, 2000, at 1:00 p.m. in Hearing Room Gee
Tuesday, April 11,2000, at 1:00 p.m. in Hearing Room Gee
Tuesday, May 9, 2000, at 1:00 p.m. in Hearing Room Gee
Tuesday, June 20, 2000, at 1:00 p.m. in Hearing Room Gee
Project Number 21251,
Implementation of Senate
Bill 7 Provisions Regarding Customer Education For Electric Choice (SB 7,
PURA §39.902),
has been established for these proceedings. The
purpose of these workshops is to solicit input from interested parties that
will assist in implementing the provisions of Senate Bill 7, Act of May 21,
1999, 76th Legislature, Regular Session, chapter 405, 1999 Texas Session Law
Service 2543, 2596 (Vernon) (Public Utility Regulatory Act, Texas Utilities
Code Annotated (PURA) §39.902, Customer Education). These provisions
require the commission to: (1) develop and implement a neutral and non-promotional
education program to inform customers, including low-income and non-English
speaking customers, about changes in electric service resulting from the opening
of the retail electric market; (2) not duplicate efforts of retail electric
providers and other private entities or target areas served by municipalities
or electric cooperatives; and (3) report on the status of the educational
program to the electric utility restructuring legislative oversight committee
on or before December 1, 2001.
Timelines, agendas, and additional information on this project shall be
filed in Central Records and available for view on the commission's Web site
prior to each meeting. Questions concerning the workshop or this notice should
be referred to Grace Godines, Information Specialist, Office of Customer Protection,
(512) 936-7131. Hearing and speech-impaired individuals with text telephones
(TTY) may contact the commission at (512) 936-7136.
TRD-200000053
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: January 5, 2000
The staff of the Public Utility Commission of Texas (commission) will hold
a workshop to discuss a rulemaking to implement Public Utility Regulatory
Act (PURA) §§39.155(a), 39.156, and 39.157(c) relating to market
power mitigation plans and generating capacity reports. The workshop will
be held on Monday, January 31, 2000, at 9:30 a.m. in the Commissioners' Hearing
Room, located on the 7th floor of the William B. Travis Building, 1701 North
Congress Avenue, Austin, Texas, 78701. Project Number 21081,
Market Power Mitigation Plans and Generating Capacity Reports
has been
established for this proceeding. Through this workshop, the commission will
gather information from interested persons and discuss possible rule language
concerning the above-stated provisions of PURA, effective September 1, 1999,
that affect the development of market power mitigation plans and generating
capacity reports.
On or before January 24, 2000, staff will file an agenda for the workshop,
which will be available in Central Records and on the Commission's web site
under Project Number 21081. Copies of the agenda will also be available at
the workshop. A staff strawman draft rule will be made available in Central
Records and on the web site under Project Number 21081 in advance of the workshop.
Questions concerning the workshop or this notice should be referred to
Richard Greffe, Office of Regulatory Affairs, (512) 936-7404. Hearing and
speech-impaired individuals with text telephones (TTY) may contact the commission
at (512) 936-7136.
TRD-200000005
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: January 3, 2000
The staff of the Public Utility Commission of Texas (commission) will host
a workshop to discuss a rulemaking to address compensation arrangements between
telecommunications providers for the exchange of internet service provider
traffic. Project Number 21899,
Rulemaking to Address
Compensation for Exchange of Internet Service Provider Traffic
, has
been established for this proceeding. The workshop will be held on Wednesday,
February 16, 2000, beginning at 9:30 a.m. in the Commissioners' Hearing Room
on the 7th floor of the William B. Travis Building, 1701 North Congress Avenue,
Austin, Texas 78701.
Through this workshop, the commission will gather information from interested
persons on issues relating to procedures and methodologies to be used by telecommunications
providers in developing compensation arrangements for the exchange of internet
service provider traffic. Both substantive and procedural aspects will be
open for discussion at the workshop. The workshop agenda will not be confined
solely to questions proposed by commission staff; a portion of the workshop
will be reserved for open discussion of general or specific issues of interest
to attendees.
The commission established an expedited schedule for this rulemaking. Accordingly,
before the workshop commences, the commission requests interested persons
to file comments addressing the questions below and propose draft rule language.
QUESTIONS
1. What should be the scope or parameters of this rulemaking? Please explain
your answer.
2. What issues should be addressed in this rule? Please offer support or
justification for each issue.
3. How and when should the rule be implemented? For example, what compliance
proceedings may be necessary and should the rule apply only in arbitration
proceedings when negotiations fail? Please explain your position.
PROPOSED RULE LANGUAGE
1. Please attach proposed rule language.
Sixteen copies of comments and proposed rule language may be filed with
the commission's Filing Clerk, Public Utility Commission of Texas, 1701 North
Congress Avenue, P.O. Box 13326, Austin, Texas 78711-3326, within ten days
of the date of publication of this notice. Reply comments may be submitted
within 15 days after publication. All comments should reference Project Number
21899. To the extent possible, comments and proposed rule language should
be provided to the commission and all interested participants in an electronic
format.
On or before February 11, 2000, the commission will file an agenda for
the workshop and a draft rule for discussion at the workshop, which will be
available in Central Records under Project Number 21899. Copies of the agenda
and draft rule will also be available at the workshop.
Questions about Project Number 21899 may be referred to Bridget Rabel,
Office of Policy Development, (512) 936-7216, bridget.rabel@puc.state.tx.us.
Hearing and speech-impaired individuals with text telephones (TTY) may contact
the commission at (512) 936-7136.
TRD-200000023
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: January 4, 2000
Project Number 21421,
Amendments to §26.122
Regarding Customer Proprietary Network Information
, was established
to address whether it would be necessary to amend existing Substantive Rules
to comply with the mandates to protect Customer Proprietary Network Information
(CPNI), specifically credit and consumption information, made by the 1999
Texas Legislature in Senate Bill 86 (SB86), Act of May 30, 1999, 76th Legislature,
Regular Session, Chapter 1579, 1999 Texas Session Law Service 5421, 5423 (Vernon)
(to be codified as an amendment to the Public Utility Regulatory Act (PURA),
Texas Utilities Code Annotated §17.004(a)(6)).
The commission's staff believes that commission's existing substantive
rules, specifically §26.122 relating to Customer Proprietary Network
Information, address the legislature's concerns and adequately protect customers
and no major revision of the substantive rules is necessary. Further, the
staff proposes to make minor revisions to add CPNI to customer notice requirements
(§26.31 relating to Information to Applicants and Customers) and existing
credit provisions (§26.24 relating to Credit Requirements and Deposits).
These revisions will be considered in Project Number 21423, Amendments to §§26.21-26.31
Regarding Telephone Customer Service Standards. If the revisions are undertaken
in Project Number 21423, Project Number 21421 probably will be eliminated.
The commission's staff invites comment from parties on whether the staff's
plan is appropriate, and on whether there are any other issues that need to
be addressed in Project Number 21421. Comments (16 copies) may be submitted
to the Filing Clerk, Public Utility Commission of Texas, 1701 North Congress
Avenue, P.O. Box 13326, Austin, Texas, 78711-3326, within 30 days of publication
of this notice. All comments should reference Project Number 21421. Any questions
regarding this notice should be directed to Shari Hill at (512) 936-7048.
Hearing and speech-impaired individuals with text telephones (TTY) may contact
the commission at (512) 936-7136.
TRD-200000004
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: January 3, 2000
A Request for Proposals (RFP) for computer aided real-time (CART) captioning
services will be issued pursuant to the Public Utilities Regulatory Act, Texas
Utilities Code, Chapter 56.
Eligible Proposers. The Public Utility Commission is requesting proposals
from entities with experience providing computer aided real-time captioning
service. The provider must offer a certified real-time reporter to provide
captioning services for meetings involving the deaf and hard of hearing. Reporters
must be certified shorthand reporters pursuant to Chapter 52 of the Texas
Government Code.
Project Description. The reporter will provide CART services for the Public
Utility Commission when requested to serve, including quarterly meetings of
the Relay Texas Advisory Committee, and other meetings and workshops attended
by the deaf and hard of hearing as required by the commission.
Selection Criteria. A proposal will be selected based on the ability of
the proposer to provide the best value in carrying out requirements identified
in the RFP, including: the ability to produce accurate transcripts; the ability
to timely produce transcripts, ability to supply products compatible with
existing agency software (diskettes in Word or ASCII format); experience providing
transciption services for similar state agencies; ability to provide real-time
captioning of hearing; and cost to the commission. Commission staff will evaluate
proposals and the Executive Director will make a selection.
Requesting the Proposal. The RFP will be available Friday January 14, 2000.
A complete copy of the RFP for Provision of Computer Aided Real-time Captioning
Service for the Public Utility Commission may be obtained by writing Susan
K. Durso, General Counsel, Public Utility Commission, P.O. Box 13326, Austin,
Texas, 78711-3326, or susan.durso@.puc.state.tx.us, or by calling (512) 936-7146.
The RFP is also available on the Internet at the Texas Marketplace, Electronic
State Business Daily, http://www.Texas-one.org; or at the commission's web
site, http://www.puc.state.tx.us.
For Further Information. For clarifying information about the RFP, write
Susan K. Durso, Public Utility Commission, P.O. Box 13326, Austin, Texas,
78711-3326, Fax (512) 936-7003, susan.durso@email.puc.state.tx.us.
Deadline for Receipt of Proposals. Proposals must be received no later
than 3:00 p.m. on Friday, February 4, 2000, in Central Records, Room G-113,
Public Utility Commission of Texas, William B. Travis Building, 1701 North
Congress Avenue, Austin, Texas, 78701. Proposals received in Central Records
after 3:00 p.m. on February 4, 2000, will not be considered. Proposals may
be received in Central Records between 9:00 a.m. and 5:00 p.m., Monday through
Friday. Regardless of the method of submission of the proposal, the commission
will rely solely on the time/date stamp of the Central Records Division in
establishing the time and date of receipt.
TRD-200000025
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: January 4, 2000
Brazos Valley Workforce Development Board
Coastal Coordination Council
Comptroller of Public Accounts
Office of Consumer Credit Commissioner
Deep East Texas Workforce Development Board, Inc.
Texas Education Agency
Texas Department of Health
Notice of Emergency Cease and Desist and Impoundment Order on Welco Incorporated
Notice of Emergency Cease and Desist Order on The Doctor's In
Notice of Emergency Impoundment Order on Millennium Diagnostic Imaging
Notice of Intent to Revoke the Certificate of Registration of Griffin Veterinary Hospital
Notice of Revocation of the Certificate of Registration of Griffin Veterinary Hospital
Schedules of Controlled Substances
Texas Department of Housing and Community Affairs
Notices of Public Hearings
Houston-Galveston Area Council
Department of Information Resources
Texas Department of Insurance
Notice of Hearing Pursuant to the Insurance Code Article 21.49-3, Medical Liability Insurance Underwriting Association Act
Third Party Administrator Application
Texas Natural Resource Conservation Commission
Enforcement Orders
Invitation to Comment on the 2000 Clean Water Act §303(d) List
Notice of Application for Industrial Hazardous Waste Permits/Compliance Plans
Notice of Opportunity to Comment on Default Orders of Administrative Enforcement Actions
Notices of Opportunity to Comment on Settlement Agreements of Administrative Enforcement Actions
Notice of Water Rights Applications
Proposal for Decision
Public Utility Commission of Texas
Notice of Application to Amend Certificate of Convenience and Necessity
Public Notices of Amendments to Interconnection Agreements
Public Notice of Workshops on Implementation of Customer Education Program for Electric Choice
Public Notice of Workshop on Provisions of PURA Chapter 39 Relating to Market Power Mitigation Plans and Generating Capacity Reports
Public Notice of Workshop on Rulemaking to Address Compensation for Exchange of Internet Service Provider Traffic and Request for Comments
Request for Comments Relating to Customer Proprietary Network Information
Request for Proposals for Provision of Computer Aided Real-Time Captioning Service for the Public Utility Commission
Texas Water Development Board