Contract Administrator: Daniel Madison

Texas Department of Criminal Justice, Two Financial Plaza, Suite 525, Huntsville, Texas 77340.

Solicitation No: 696-FD-2-B012; Solicitation Title: Repair Concrete Around Rec. Yards at Woodman State Jail; Contract Number: 696-FD-2-3-C0224.

Award Date: (est) 07/15/02; Amount Awarded to Vendor: $68,900.00

Awarded Vendor Name and Address: BFR Construction, 2001 Fort Ave, Waco, Texas, 76707

HUB Status of Awarded Vendor: Non-Hub

TRD-200203972

Carl Reynolds

General Counsel

Texas Department of Criminal Justice

Filed: June 25, 2002

The Texas Youth Commission invites bids for the construction of West Texas State School Improvements - Roofing Project at Pyote, Texas. The project consists of roof recovery/replacement/restoration, to include debris disposal, on selected buildings located at West Texas State School, Pyote, Texas. Buildings included are indicated on drawings. Refer to drawings and specifications for requirements. The estimated total square footage is 189,000. The work includes mechanical and electrical systems, and other miscellaneous work as further shown in the Contract Documents prepared by Parker, Smith & Cooper, Inc.

The successful bidder will be required to meet the following requirements and submit evidence within five days after receiving notice of intent to award from the Owner:

A. Contractor must have a minimum of five (5) consecutive years of experience as a General Contractor and provide references for at least two projects within the last five years that have been completed of a dollar value and complexity equal to or greater than the proposed project.

B. Contractor must be bondable and insurable at the levels required.

All Bid Proposals must be accompanied by a Bid Deposit in the amount of 5% of greatest amount bid. Performance and Payment Bonds in the amount of 100% of the contract amount will be required upon award of a contract. The Owner reserves the right to reject any or all bids, and to waive any informality or irregularity.

Bid Documents can be purchased from the Architect/Engineer at a cost of $60.00 (Sixty dollars), non-refundable , per set, inclusive of mailing/delivery costs, or they may be viewed at various plan rooms. Payment checks for documents should be made payable to the Architect/Engineer:

Parkhill, Smith & Cooper, Attn: Les Burke, 5214 Thomason Drive, Midland, Texas 79703. Phone: 915-697-1447; FAX: 915-697-9758.

A Pre-Bid conference will be held at 10:00 a.m. on July 31, 2002 at the West Texas State School, Pyote, Texas, followed by a site-visit. ONLY ONE SCHEDULED SITE VISIT WILL BE HELD FOR REASONS OF SECURITY AND PUBLIC SAFETY; THEREFORE, BIDDERS ARE STRONGLY ENCOURAGED TO ATTEND.

Bids will be publicly opened and read at 2:00 p.m. on August 14, 2002, in the Contracts and Procurement Conference Room located in the West Hill Mall, Suite 525, Two Financial Plaza, Huntsville, Texas.

The Texas Youth Commission requires the Contractor to make a good faith effort to include Historically Underutilized Businesses (HUB's) in at least 26.1% of the total value of this construction contract award. Attention is called to the fact that not less than the minimum wage rates prescribed in the Special Conditions must be paid on these projects.

Interested bidders should contact the TDCJ contact person registering their name, address, telephone number and fax number for the purpose of being notified by TDCJ should any amendments be issued associated with this bid opportunity. Amendments will not be posted on this website. Should an amendment be issued a bidders failure to register with TDCJ subjects their bid to disqualification.

TRD-200203971

Carl Reynolds

General Counsel

Texas Department of Criminal Justice

Filed: June 25, 2002

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 licensee: Resolution Performance Products LLC, Deer Park, L05323.

The complaint alleges that the licensee has failed to pay required annual fees. The department intends to revoke the radioactive material license; order the licensee to cease and desist use of such radioactive material; order the licensee to divest himself of the radioactive material; and order the licensee 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 fee is paid within 30 days of the date of the complaint, the department will not issue an order.

This notice affords the opportunity to the licensee for a hearing to show cause why the radioactive material license 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 fee is not paid, the radioactive material license 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, telephone (512) 834-6688, Monday-Friday, 8:00 a.m. to 5:00 p.m. (except holidays).

TRD-200204003

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: June 26, 2002

The Health and Human Services Commission State Medicaid/CHIP Office has submitted to the Centers for Medicare and Medicaid Services (CMS) a state plan amendment to the Texas Child Health Plan.

This amendment will expand the sources of Title XXI state matching funds to include bona-fide donations. The proposed effective date for the amendment is June 15, 2002.

If additional information is needed, please contact Carlotta Vann, Health and Human Services Commission at (512) 685-3170.

TRD-200204000

Marina S. Henderson

Executive Deputy Commissioner

Texas Health and Human Services Commission

Filed: June 26, 2002

Notice is hereby given of a public hearing to be held by the Texas Department of Housing and Community Affairs (the "Issuer") at City of Dallas Public Library, Dallas Meeting Room, located at 1515 Young Street, Dallas, Texas 75201 at 6:00 p.m. on July 22, 2002 with respect to an issue of tax-exempt multifamily residential rental project revenue bonds in the aggregate principal amount not to exceed $15,000,000 and taxable bonds, if necessary, in an amount to be determined, to be issued in one or more series (the "Bonds"), by the Issuer. The proceeds of the Bonds will be loaned to Wheatland Villas Housing, L.P., a limited partnership, or a related person or affiliate thereof (the "Borrower") to finance a portion of the costs of acquiring, constructing and equipping a multifamily housing project (the "Project") described as follows: 256-unit multifamily residential rental development to be constructed on approximately 13.0 acres of land located at the southwest corner of Interstate Highway 35 and Ledbetter in Dallas, Texas 75232. The project will be initially owned and operated by the Borrower.

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 and/or ronion@tdhca.state.tx.us.

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 Esteves, 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.

TRD-200204011

Edwina P. Carrington

Executive Director

Texas Department of Housing and Community Affairs

Filed: June 26, 2002

The Commissioner of Insurance, or his designee, will consider approval of a rate filing request submitted by Comercial America Insurance Company proposing to use rates for commercial automobile insurance that are outside the upper or lower limits of the flexibility band promulgated by the Commissioner of Insurance, pursuant to TEX. INS. CODE ANN. art 5.101 §3(g). The Company is requesting various flex percentages for territory (Texas) --for Non-Resident Auto Liability with annual premium class: -48 for 20/40/15, -49 for 60, 000 CSL, -41 for 100,000 CSL, and -26 for 300,000 CSL; and for Special Tourist Rate with daily rate class: -40 for 20/40/15, -72 for 60, 000 CSL, -61 for 100,000 CSL, and -66 for 300,000 CSL. The overall rate change is 0%.

Copies of the filing may be obtained by contacting Judy Deaver, at the Texas Department of Insurance, Automobile/Homeowners Division, P.O. Box 149104, Austin, Texas 78714-9104, telephone (512) 322-3478.

This filing is subject to Department approval without a hearing unless a properly filed objection, pursuant to art. 5.101 §3(h), is made with the Chief Actuary for P&C, Mr. Phil Presley, at the Texas Department of Insurance, MC 105-5F, P.O. Box 149104, Austin, Texas 78701 by July 22, 2002

TRD-200203883

Lynda H. Nesenholtz

General Counsel and Chief Clerk

Texas Department of Insurance

Filed: June 21, 2002

The Commissioner of Insurance, or his designee, will consider approval of a rate filing request submitted by Farmland Mutual Insurance Company proposing to use rates for commercial automobile insurance that are outside the upper or lower limits of the flexibility band promulgated by the Commissioner of Insurance, pursuant to TEX. INS. CODE ANN. art 5.101 §3(g). The Company is requesting the following flex percentage +50 for Liability and +25 for Physical Damage coverages under all clasess and territories. The overall rate change is +10.6%.

Copies of the filing may be obtained by contacting Judy Deaver, at the Texas Department of Insurance, Automobile/Homeowners Division, P.O. Box 149104, Austin, Texas 78714-9104, telephone (512) 322-3478.

This filing is subject to Department approval without a hearing unless a properly filed objection, pursuant to art. 5.101 §3(h), is made with the Chief Actuary for P&C, Mr. Phil Presley, at the Texas Department of Insurance, MC 105-5F, P.O. Box 149104, Austin, Texas 78701 by July 18, 2002.

TRD-200203884

Lynda H. Nesenholtz

General Counsel and Chief Clerk

Texas Department of Insurance

Filed: June 21, 2002

The Commissioner of Insurance, or his designee, will consider approval of a rate filing request submitted by Nationwide Agribusiness Insurance Company proposing to use rates for commercial automobile insurance that are outside the upper or lower limits of the flexibility band promulgated by the Commissioner of Insurance, pursuant to TEX. INS. CODE ANN. art 5.101 §3(g). The Company is requesting the following flex percentage +35 for Liability and -10 for Physical Damage coverages under all classes and territories. The overall rate change is +16.6%

Copies of the filing may be obtained by contacting Judy Deaver, at the Texas Department of Insurance, Automobile/Homeowners Division, P.O. Box 149104, Austin, Texas 78714-9104, telephone (512) 322-3478.

This filing is subject to Department approval without a hearing unless a properly filed objection, pursuant to art. 5.101 §3(h), is made with the Chief Actuary for P&C, Mr. Phil Presley, at the Texas Department of Insurance, MC 105-5F, P.O. Box 149104, Austin, Texas 78701 by July 18, 2002.

TRD-200203885

Lynda H. Nesenholtz

General Counsel and Chief Clerk

Texas Department of Insurance

Filed: June 21, 2002

The Texas Department of Insurance (the department) will conduct a public hearing under Docket Number 2523 for the purpose of selecting a licensing testing contractor to provide certain services under the Insurance Code, Article 21.01-1. A hearing was originally scheduled on June 7, 2002, but postponed until a later date. The hearing is now rescheduled for July 15, 2002, at 1:30 p.m. in Room 100 of the William P. Hobby State Office Building, 333 Guadalupe Street in Austin, Texas. The hearing is held in compliance with the Insurance Code, Article 21.01-1, which requires that the department hold a public hearing prior to the selection of a licensing testing contractor.

RFP No. 02-RBD-LicTesting1. On February 15, 2002, the department issued a Request for Proposals (RFP) for the purpose of acquiring a contractor to provide testing services that meet the examination requirements for persons seeking license as agents, solicitors, counselors, or adjusters under the Insurance Code. The department's notice of issuance of the RFP was posted electronically on the Texas Building and Procurement Commission's (TBPC) Electronic State Business Daily web page and was sent via e-mail to vendors on TBPC's Centralized Master Bidders List (CMBL) who were registered to receive bids matching the services in the RFP. The deadline for the department's receipt of proposals was 3:00 p.m., March 15, 2002. The department received two proposals in response to the RFP.

Project Description. The selected contractor shall provide the department with testing services that include examination development, test scheduling, examination site arrangement and the test's administration, grading, reporting and analysis. The selected contractor shall cooperate with advisory boards, if any, appointed by the Commissioner of Insurance under the Insurance Code, Article 21.01-1. The required services are described in the department's RFP and in 28 Texas Administrative Code §§19.1101 through 19.1110.

Proposal Evaluation and Award. Proposals were reviewed and evaluated by an evaluation committee based on the evaluation criteria set forth in the RFP. The evaluation committee will submit its recommendations to the Commissioner of Insurance prior to or during the public hearing for the selection of the contractor. See also 28 Texas Administrative Code §§19.1101 through 19.1110.

The department reserves the right to reject any or all proposals or offers deemed not to be in the best interests of the department or the State of Texas. The department will not make any payments to any contractor for services performed or costs incurred under the terms of or in connection with any contract awarded as a result of the department's issuance of the RFP. The selected contractor's sole compensation will be through the contractor's collection from applicants of certain specific fees that have been approved by the department in writing as described in the RFP. The department will not make any payments for any costs incurred by any contractor in preparing a proposal response to the RFP; such costs may not be recouped by the selected contractor under the terms of any resulting contract.

Anticipated Schedule

It is anticipated that the selection of a contractor for the performance of services to begin effective September 1, 2002 will proceed according to the following approximate timetable.

TDI issuance of RFP February 15, 2002

Deadline for Proposals March 15, 2002

TDI appointment of Evaluation Committee April 29, 2002

TDI public hearing to make selection June 7, 2002

Contract signed June 15, 2002

TDI appointment of Advisory Board July 31, 2002

Advisory board review of proposed examinations August, 2002

Design and implementation of new system June 15 through, September 1, 2002

New system operational September 1, 2002

The department reserves the right to change these dates.

Contacts. Parties may request a copy of the department's RFP by contacting Ms. Regina B. Durden, Director of Purchasing and Contract Administration, Mail Code 108-1B, Texas Department of Insurance, P.O. Box 149104, Austin, Texas 78714-9104, telephone (512) 463-6174. For further information regarding the hearing, parties should contact the Office of Chief Clerk, Mail Code 113-2A, Texas Department of Insurance, P.O. Box 149104, Austin, Texas 78714-9104, telephone (512) 463-6326.

TRD-200204016

Lynda H. Nesenholtz

General Counsel and Chief Clerk

Texas Department of Insurance

Filed: June 26, 2002

1.0 Name and Style of Game.

A. The name of Instant Game No. 353 is "CASH DASH DOUBLE DOUBLER". The play style is "match 3 with 2X and 4X".

1.1 Price of Instant Ticket.

A. Tickets for Instant Game No. 353 shall be $1.00 per ticket.

1.2 Definitions in Instant Game No. 353.

A. Display Printing - That area of the instant game ticket outside of the area where the Overprint and Play Symbols appear.

B. Latex Overprint - The removable scratch-off covering over the Play Symbols on the front of the ticket.

C. Play Symbol - One of the symbols which appears under the Latex Overprint on the front of the ticket. Each Play Symbol is printed in Symbol font in black ink in positive. The possible play symbols are: $1.00, $2.00, $4.00, $5.00, $10.00, $20.00, $40.00, $50.00, $80.00, $100, $400, $1,000, $4,000, SINGLE PRIZE, DOUBLE PRIZE, DOUBLE DOUBLER.

D. Play Symbol Caption - the small printed material appearing below each Play Symbol which explains the Play Symbol. One and only one of these Play Symbol Captions appears under each Play Symbol and each is printed in caption font in black ink in positive. The Play Symbol Caption which corresponds with and verifies each Play Symbol is as follows:

Table 1 of this section Figure 1:16 TAC GAME NO. 353 - 1.2D

[GAME NO. 353 - 1.2D]

E. Retailer Validation Code - Three small letters found under the removable scratch-off covering in the play area, which retailers use to verify and validate instant winners. The possible validation codes are:

Table 2 of this section. Figure 2:16 TAC GAME NO. 353 - 1.2E

[GAME NO. 353 - 1.2E]

Low-tier winning tickets use the required codes listed in Figure 2:16. Non-winning tickets and high-tier tickets use a non-required combination of the required codes listed in Figure 2:16 with the exception of ∅, which will only appear on low-tier winners and will always have a slash through it.

F. Serial Number - A unique 13 digit number appearing under the latex scratch-off covering on the front of the ticket. There is a four (4) digit security number which will be boxed and placed randomly within the Serial Number. The remaining nine (9) digits of the Serial Number are the Validation Number. The Serial Number is positioned beneath the bottom row of play data in the scratched-off play area. The format will be : 0000000000000.

G. Low-Tier Prize - A prize of $1.00, $2.00, $4.00, $5.00, $10.00, or $20.00.

H. Mid-Tier Prize - A prize of $40.00, $50.00, $80.00, $100, or $400.

I. High-Tier Prize - A prize of $4,000.

J. Bar Code - A 22 (twenty-two) character interleaved two (2) of five (5) bar code which will include a three (3) digit game ID, the seven (7) digit pack number, the three (3) digit ticket number and the nine (9) digit Validation Number. The bar code appears on the back of the ticket.

K. Pack-Ticket Number - A 13 (thirteen) digit number consisting of the three (3) digit game number (353), a seven (7) digit pack number, and a three (3) digit ticket number. Ticket numbers start with 000 and end with 249 within each pack. The format will be: 353-0000001-000.

L. Pack - A pack of "CASH DASH DOUBLE DOUBLER" Instant Game tickets contain 250 tickets, which are packed in plastic shrink-wrapping and fanfolded in pages of five (5). Tickets 000-004 will be on the first page, tickets 005-009 will be on the next page and so forth with tickets 245-249 on the last page. Tickets 000 and 249 will be folded down to expose the pack-ticket number through the shrink-wrap.

M. Non-Winning Ticket - A ticket which is not programmed to be a winning ticket or a ticket that does not meet all of the requirements of these Game Procedures, the State Lottery Act (Texas Government Code, Chapter 466), and applicable rules adopted by the Texas Lottery pursuant to the State Lottery Act and referenced in 16 TAC, Chapter 401.

N. Ticket or Instant Game Ticket, or Instant Ticket - A Texas Lottery "CASH DASH DOUBLE DOUBLER" Instant Game No. 353 ticket.

2.0 Determination of Prize Winners. The determination of prize winners is subject to the general ticket validation requirements set forth in Texas Lottery Rule 401.302, Instant Game Rules, these Game Procedures, and the requirements set out on the back of each instant ticket. A prize winner in the "CASH DASH DOUBLE DOUBLER" Instant Game is determined once the latex on the ticket is scratched off to expose seven (7) play symbols. If the player gets three like amounts, the player will win that amount. The player may then scratch the BONUS for a chance to win double or even 4 times the prize amount. No portion of the display printing nor any extraneous matter whatsoever shall be usable or playable as a part of the Instant Game.

2.1 Instant Ticket Validation Requirements.

A. To be a valid Instant Game ticket, all of the following requirements must be met:

1. Exactly seven (7) Play Symbols must appear under the latex overprint on the front portion of the ticket;

2. Each of the Play Symbols must have a Play Symbol Caption underneath, and each Play Symbol must agree with its Play Symbol Caption;

3. Each of the Play Symbols must be present in its entirety and be fully legible;

4. Each of the Play Symbols must be printed in black ink;

5. The ticket shall be intact;

6. The Serial Number, Retailer Validation Code and Pack-Ticket Number must be present in their entirety and be fully legible;

7. The Serial Number must correspond, using the Texas Lottery's codes, to the Play Symbols on the ticket;

8. The ticket must not have a hole punched through it, be mutilated, altered, unreadable, reconstituted or tampered with in any manner;

9. The ticket must not be counterfeit in whole or in part;

10. The ticket must have been issued by the Texas Lottery in an authorized manner;

11. The ticket must not have been stolen, nor appear on any list of omitted tickets or non-activated tickets on file at the Texas Lottery;

12. The Play Symbols, Serial Number, Retailer Validation Code and Pack-Ticket Number must be right side up and not reversed in any manner;

13. The ticket must be complete and not miscut, and have exactly seven (7) Play Symbols under the latex overprint on the front portion of the ticket, exactly one Serial Number, exactly one Retailer Validation Code, and exactly one Pack-Ticket Number on the ticket;

14. The Serial Number of an apparent winning ticket shall correspond with the Texas Lottery's Serial Numbers for winning tickets, and a ticket with that Serial Number shall not have been paid previously;

15. The ticket must not be blank or partially blank, misregistered, defective or printed or produced in error;

16. Each of the seven (7) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures.

17. Each of the seven (7) Play Symbols on the ticket must be printed in the Symbol font and must correspond precisely to the artwork on file at the Texas Lottery; the ticket Serial Numbers must be printed in the Serial font and must correspond precisely to the artwork on file at the Texas Lottery; and the Pack-Ticket Number must be printed in the Pack-Ticket Number font and must correspond precisely to the artwork on file at the Texas Lottery;

18. The display printing on the ticket must be regular in every respect and correspond precisely to the artwork on file at the Texas Lottery; and

19. The ticket must have been received by the Texas Lottery by applicable deadlines.

B. The ticket must pass all additional validation tests provided for in these Game Procedures, the Texas Lottery's Rules governing the award of prizes of the amount to be validated, and any confidential validation and security tests of the Texas Lottery.

C. Any Instant Game ticket not passing all of the validation requirements is void and ineligible for any prize and shall not be paid. However, the Executive Director may, solely at the Executive Director's discretion, refund the retail sales price of the ticket. In the event a defective ticket is purchased, the only responsibility or liability of the Texas Lottery shall be to replace the defective ticket with another unplayed ticket in that Instant Game (or a ticket of equivalent sales price from any other current Instant Lottery game) or refund the retail sales price of the ticket, solely at the Executive Director's discretion.

2.2 Programmed Game Parameters.

A. Consecutive non-winning tickets within a book will not have identical patterns.

B. No ticket will have three pairs of like Prize symbols.

C. No ticket will have four or more like Prize symbols.

D. Non-winning tickets will never contain one or more pair of matching Prize symbols and have either DOUBLE PRIZE or DOUBLE DOUBLER in the Bonus area.

2.3 Procedure for Claiming Prizes.

A. To claim a "CASH DASH DOUBLE DOUBLER" Instant Game prize of $1.00, $2.00, $4.00, $5.00, $10.00, $20.00, $40.00, $50.00, $80.00, $100, or $400, a claimant shall sign the back of the ticket in the space designated on the ticket and present the winning ticket to any Texas Lottery Retailer. The Texas Lottery Retailer shall verify the claim and, if valid, and upon presentation of proper identification, make payment of the amount due the claimant and physically void the ticket; provided that the Texas Lottery Retailer may, but is not, in some cases, required to pay a $50.00, $80.00, $100, or $400 ticket. In the event the Texas Lottery Retailer cannot verify the claim, the Texas Lottery Retailer shall provide the claimant with a claim form and instruct the claimant on how to file a claim with the Texas Lottery. If the claim is validated by the Texas Lottery, a check shall be forwarded to the claimant in the amount due. In the event the claim is not validated, the claim shall be denied and the claimant shall be notified promptly. A claimant may also claim any of the above prizes under the procedure described in Section 2.3.B and 2.3.C of these Game Procedures.

B. To claim a "CASH DASH DOUBLE DOUBLER" Instant Game prize of $4,000, the claimant must sign the winning ticket and present it at one of the Texas Lottery's Claim Centers. If the claim is validated by the Texas Lottery, payment will be made to the bearer of the validated winning ticket for that prize upon presentation of proper identification. When paying a prize of $600 or more, the Texas Lottery shall file the appropriate income reporting form with the Internal Revenue Service (IRS) and shall withhold federal income tax at a rate set by the IRS if required. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.

C. As an alternative method of claiming a "CASH DASH DOUBLE DOUBLER" Instant Game prize, the claimant must sign the winning ticket, thoroughly complete a claim form, and mail both to: Texas Lottery Commission, Post Office Box 16600, Austin, Texas 78761-6600. The risk of sending a ticket remains with the claimant. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.

D. Prior to payment by the Texas Lottery of any prize, the Texas Lottery shall deduct a sufficient amount from the winnings of a person who has been finally determined to be:

1. delinquent in the payment of a tax or other money collected by the Comptroller, the Texas Workforce Commission, or Texas Alcoholic Beverage Commission;

2. delinquent in making child support payments administered or collected by the Attorney General; or

3. delinquent in reimbursing the Texas Department of Human Services for a benefit granted in error under the food stamp program or the program of financial assistance under Chapter 31, Human Resource Code;

4. in default on a loan made under Chapter 52, Education Code; or

5. in default on a loan guaranteed under Chapter 57, Education Code

E. If a person is indebted or owes delinquent taxes to the State, other than those specified in the preceding paragraph, the winnings of a person shall be withheld until the debt or taxes are paid.

2.4 Allowance for Delay of Payment. The Texas Lottery may delay payment of the prize pending a final determination by the Executive Director, under any of the following circumstances:

A. if a dispute occurs, or it appears likely that a dispute may occur, regarding the prize;

B. if there is any question regarding the identity of the claimant;

C. if there is any question regarding the validity of the ticket presented for payment; or

D. if the claim is subject to any deduction from the payment otherwise due, as described in Section 2.3.D of these Game Procedures. No liability for interest for any delay shall accrue to the benefit of the claimant pending payment of the claim.

2.5 Payment of Prizes to Persons Under 18. If a person under the age of 18 years is entitled to a cash prize of less than $600 from the "CASH DASH DOUBLE DOUBLER" Instant Game, the Texas Lottery shall deliver to an adult member of the minor's family or the minor's guardian a check or warrant in the amount of the prize payable to the order of the minor.

2.6 If a person under the age of 18 years is entitled to a cash prize of more than $600 from the "CASH DASH DOUBLE DOUBLER" Instant Game, the Texas Lottery shall deposit the amount of the prize in a custodial bank account, with an adult member of the minor's family or the minor's guardian serving as custodian for the minor.

2.7 Instant Ticket Claim Period. All Instant Game prizes must be claimed within 180 days following the end of the Instant Game. Any prize not claimed within that period, and in the manner specified in these Game Procedures and on the back of each ticket, shall be forfeited.

3.0 Instant Ticket Ownership.

A. Until such time as a signature is placed upon the back portion of an Instant Game ticket in the space designated therefor, a ticket shall be owned by the physical possessor of said ticket. When a signature is placed on the back of the ticket in the space designated therefor, the player whose signature appears in that area shall be the owner of the ticket and shall be entitled to any prize attributable thereto. Notwithstanding any name or names submitted on a claim form, the Executive Director shall make payment to the player whose signature appears on the back of the ticket in the space designated therefor. If more than one name appears on the back of the ticket, the Executive Director will require that one of those players whose name appears thereon be designated by such players to receive payment.

B. The Texas Lottery shall not be responsible for lost or stolen Instant Game tickets and shall not be required to pay on a lost or stolen Instant Game ticket.

4.0 Number and Value of Instant Prizes. There will be approximately 12,236,750 tickets in the Instant Game No. 353. The approximate number and value of prizes in the game are as follows:

Table 3 of this section Figure 3:16 TAC GAME NO. 353- 4.0

[GAME NO. 353- 4.0]

A. The actual number of tickets in the game may be increased or decreased at the sole discretion of the Texas Lottery.

5.0 End of the Instant Game. The Executive Director may, at any time, announce a closing date (end date) for the Instant Game No. 353 without advance notice, at which point no further tickets in that game may be sold.

6.0 Governing Law. In purchasing an Instant Game ticket, the player agrees to comply with, and abide by, these Game Procedures for Instant Game No. 353, the State Lottery Act (Texas Government Code, Chapter 466), applicable rules adopted by the Texas Lottery pursuant to the State Lottery Act and referenced in 16 TAC, Chapter 401, and all final decisions of the Executive Director.

TRD-200203873

Kimberly L. Kiplin

General Counsel

Texas Lottery Commission

Filed: June 20, 2002

1.0 Name and Style of Game.

A. The name of Instant Game No. 711 is "ROYALE RICHES". The play style in Game 1 is "beat score". The play style in Game 2 is "match 3". The play style in Game 3 is "key number match". The play style in Game 4 is "add up".

1.1 Price of Instant Ticket.

A. Tickets for Instant Game No. 711 shall be $5.00 per ticket.

1.2 Definitions in Instant Game No. 711.

A. Display Printing - That area of the instant game ticket outside of the area where the Overprint and Play Symbols appear.

B. Latex Overprint - The removable scratch-off covering over the Play Symbols on the front of the ticket.

C. Play Symbol - One of the symbols which appears under the Latex Overprint on the front of the ticket. Each Play Symbol is printed in Symbol font in black ink in positive. The possible play symbols are: A, K, Q, J, 10, 9, 8, 7, 6, 5, 4, 3, 2, 1, $5.00, $10.00, $25.00, $50.00, $100, $500, $1,000, $5,000, $50,000, GOLD BAR SYMBOL, MONEY BAG SYMBOL, STACK OF BILLS SYMBOL, DOLLAR SIGN SYMBOL, CHIP SYMBOL, STACK OF COINS SYMBOL, POT OF GOLD SYMBOL.

D. Play Symbol Caption - the small printed material appearing below each Play Symbol which explains the Play Symbol. One and only one of these Play Symbol Captions appears under each Play Symbol and each is printed in caption font in black ink in positive. The Play Symbol Caption which corresponds with and verifies each Play Symbol is as follows:

Table 1 of this section Figure 1:16 TAC GAME NO. 711 - 1.2D

[GAME NO. 711 - 1.2D]

E. Retailer Validation Code - Three small letters found under the removable scratch-off covering in the play area, which retailers use to verify and validate instant winners. The possible validation codes are:

Table 2 of this section. Figure 2:16 TAC GAME NO. 711 - 1.2E

[GAME NO. 711 - 1.2E]

Low-tier winning tickets use the required codes listed in Figure 2:16. Non-winning tickets and high-tier tickets use a non-required combination of the required codes listed in Figure 2:16 with the exception of ∅, which will only appear on low-tier winners and will always have a slash through it.

F. Serial Number - A unique 13 digit number appearing under the latex scratch-off covering on the front of the ticket. There is a four (4) digit security number which will be boxed and placed randomly within the Serial Number. The remaining nine (9) digits of the Serial Number are the Validation Number. The Serial Number is positioned beneath the bottom row of play data in the scratched-off play area. The format will be : 0000000000000.

G. Low-Tier Prize - A prize of $5.00, $10.00, $15.00, or $20.00.

H. Mid-Tier Prize - A prize of $25.00, $50.00, $100, or $500.

I. High-Tier Prize - A prize of $1,000, $5,000, or $50,000.

J. Bar Code - A 22 character interleaved two (2) of five (5) bar code which will include a three (3) digit game ID, the seven (7) digit pack number, the three (3) digit ticket number and the nine (9) digit Validation Number. The bar code appears on the back of the ticket.

K. Pack-Ticket Number - A thirteen (13) digit number consisting of the three (3) digit game number (711), a seven (7) digit pack number, and a three (3) digit ticket number. Ticket numbers start with 000 and end with 074 within each pack. The format will be: 711-0000001-000.

L. Pack - A pack of "ROYALE RICHES" Instant Game tickets contain 75 tickets, which are packed in plastic shrink-wrapping and fanfolded in pages of one (1). The packs will alternate. One will show the front of ticket 000 and back of 074, while the other fold will show the back of ticket 000 and front of 074.

M. Non-Winning Ticket - A ticket which is not programmed to be a winning ticket or a ticket that does not meet all of the requirements of these Game Procedures, the State Lottery Act (Texas Government Code, Chapter 466), and applicable rules adopted by the Texas Lottery pursuant to the State Lottery Act and referenced in 16 TAC, Chapter 401.

N. Ticket or Instant Game Ticket, or Instant Ticket - A Texas Lottery "ROYALE RICHES" Instant Game No. 711 ticket.

2.0 Determination of Prize Winners. The determination of prize winners is subject to the general ticket validation requirements set forth in Texas Lottery Rule 401.302, Instant Game Rules, these Game Procedures, and the requirements set out on the back of each instant ticket. A prize winner in the "ROYALE RICHES" Instant Game is determined once the latex on the ticket is scratched off to expose 40 (forty) play symbols. In the Beat The Dealer section, if the player's YOUR CARD beats the DEALER'S CARD in the same game, the player will win the prize shown for that game. Aces are high. In the Match Up section, if the player matches 3 symbols across the same row, the player will win the prize shown. In the Lucky Wheel section, if the player matches the YOUR LUCKY DOLLAR AMOUNTS to the PRIZE AMOUNT in the center, the player will win that prize. In the 7-11 section, if the player's dice add up to 7 or 11 in the same roll, the player will win the prize for that roll. No portion of the display printing nor any extraneous matter whatsoever shall be usable or playable as a part of the Instant Game.

2.1 Instant Ticket Validation Requirements.

A. To be a valid Instant Game ticket, all of the following requirements must be met:

1. Exactly 40 (forty) Play Symbols must appear under the latex overprint on the front portion of the ticket;

2. Each of the Play Symbols must have a Play Symbol Caption underneath, and each Play Symbol must agree with its Play Symbol Caption;

3. Each of the Play Symbols must be present in its entirety and be fully legible;

4. Each of the Play Symbols must be printed in black ink;

5. The ticket shall be intact;

6. The Serial Number, Retailer Validation Code and Pack-Ticket Number must be present in their entirety and be fully legible;

7. The Serial Number must correspond, using the Texas Lottery's codes, to the Play Symbols on the ticket;

8. The ticket must not have a hole punched through it, be mutilated, altered, unreadable, reconstituted or tampered with in any manner;

9. The ticket must not be counterfeit in whole or in part;

10. The ticket must have been issued by the Texas Lottery in an authorized manner;

11. The ticket must not have been stolen, nor appear on any list of omitted tickets or non-activated tickets on file at the Texas Lottery;

12. The Play Symbols, Serial Number, Retailer Validation Code and Pack-Ticket Number must be right side up and not reversed in any manner;

13. The ticket must be complete and not miscut, and have exactly 40 (forty) Play Symbols under the latex overprint on the front portion of the ticket, exactly one Serial Number, exactly one Retailer Validation Code, and exactly one Pack-Ticket Number on the ticket;

14. The Serial Number of an apparent winning ticket shall correspond with the Texas Lottery's Serial Numbers for winning tickets, and a ticket with that Serial Number shall not have been paid previously;

15. The ticket must not be blank or partially blank, misregistered, defective or printed or produced in error;

16. Each of the 40 (forty) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures.

17. Each of the 40 (forty) Play Symbols on the ticket must be printed in the Symbol font and must correspond precisely to the artwork on file at the Texas Lottery; the ticket Serial Numbers must be printed in the Serial font and must correspond precisely to the artwork on file at the Texas Lottery; and the Pack-Ticket Number must be printed in the Pack-Ticket Number font and must correspond precisely to the artwork on file at the Texas Lottery;

18. The display printing on the ticket must be regular in every respect and correspond precisely to the artwork on file at the Texas Lottery; and

19. The ticket must have been received by the Texas Lottery by applicable deadlines.

B. The ticket must pass all additional validation tests provided for in these Game Procedures, the Texas Lottery's Rules governing the award of prizes of the amount to be validated, and any confidential validation and security tests of the Texas Lottery.

C. Any Instant Game ticket not passing all of the validation requirements is void and ineligible for any prize and shall not be paid. However, the Executive Director may, solely at the Executive Director's discretion, refund the retail sales price of the ticket. In the event a defective ticket is purchased, the only responsibility or liability of the Texas Lottery shall be to replace the defective ticket with another unplayed ticket in that Instant Game (or a ticket of equivalent sales price from any other current Instant Lottery game) or refund the retail sales price of the ticket, solely at the Executive Director's discretion.

2.2 Programmed Game Parameters.

A. Consecutive non-winning tickets will not have identical play data, spot for spot.

B. In the Beat The Dealer section, there will never be 3 or more like card symbols in the 8 play spots.

C. In the Beat The Dealer section, there will be no duplicate non-winning prize symbols.

D. In the Beat The Dealer section, there will be no ties in a game.

E. In the Match Up section, there will be no duplicate non-winning games on a ticket in any order.

F. In the Match Up section, there will be no 3 or more like non-winning symbols on the ticket.

G. In the Lucky Wheel section, there will be no duplicate non-winning Your Lucky Dollar Amounts.

H. In the 7-11 section, there will be no duplicate non-winning rolls in any order.

2.3 Procedure for Claiming Prizes.

A. To claim a "ROYALE RICHES" Instant Game prize $5.00, $10.00, $15.00, $20.00, $25.00, $50.00, $100, and $500, a claimant shall sign the back of the ticket in the space designated on the ticket and present the winning ticket to any Texas Lottery Retailer. The Texas Lottery Retailer shall verify the claim and, if valid, and upon presentation of proper identification, make payment of the amount due the claimant and physically void the ticket; provided that the Texas Lottery Retailer may, but is not, in some cases, required to pay a $50.00, $100, or $500 ticket. In the event the Texas Lottery Retailer cannot verify the claim, the Texas Lottery Retailer shall provide the claimant with a claim form and instruct the claimant on how to file a claim with the Texas Lottery. If the claim is validated by the Texas Lottery, a check shall be forwarded to the claimant in the amount due. In the event the claim is not validated, the claim shall be denied and the claimant shall be notified promptly. A claimant may also claim any of the above prizes under the procedure described in Section 2.3.B and 2.3.C of these Game Procedures.

B. To claim a "ROYALE RICHES" Instant Game prize of $1,000, $5,000 or $50,000, the claimant must sign the winning ticket and present it at one of the Texas Lottery's Claim Centers. If the claim is validated by the Texas Lottery, payment will be made to the bearer of the validated winning ticket for that prize upon presentation of proper identification. When paying a prize of $600 or more, the Texas Lottery shall file the appropriate income reporting form with the Internal Revenue Service (IRS) and shall withhold federal income tax at a rate set by the IRS if required. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.

C. As an alternative method of claiming a "ROYALE RICHES" Instant Game prize, the claimant must sign the winning ticket, thoroughly complete a claim form, and mail both to: Texas Lottery Commission, Post Office Box 16600, Austin, Texas 78761-6600. The risk of sending a ticket remains with the claimant. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.

D. Prior to payment by the Texas Lottery of any prize, the Texas Lottery shall deduct a sufficient amount from the winnings of a person who has been finally determined to be:

1. delinquent in the payment of a tax or other money collected by the Comptroller, the Texas Workforce Commission, or Texas Alcoholic Beverage Commission;

2. delinquent in making child support payments administered or collected by the Attorney General; or

3. delinquent in reimbursing the Texas Department of Human Services for a benefit granted in error under the food stamp program or the program of financial assistance under Chapter 31, Human Resource Code;

4. in default on a loan made under Chapter 52, Education Code; or

5. in default on a loan guaranteed under Chapter 57, Education Code

E. If a person is indebted or owes delinquent taxes to the State, other than those specified in the preceding paragraph, the winnings of a person shall be withheld until the debt or taxes are paid.

2.4 Allowance for Delay of Payment. The Texas Lottery may delay payment of the prize pending a final determination by the Executive Director, under any of the following circumstances:

A. if a dispute occurs, or it appears likely that a dispute may occur, regarding the prize;

B. if there is any question regarding the identity of the claimant;

C. if there is any question regarding the validity of the ticket presented for payment; or

D. if the claim is subject to any deduction from the payment otherwise due, as described in Section 2.3.D of these Game Procedures. No liability for interest for any delay shall accrue to the benefit of the claimant pending payment of the claim.

2.5 Payment of Prizes to Persons Under 18. If a person under the age of 18 years is entitled to a cash prize of less than $600 from the "ROYALE RICHES" Instant Game, the Texas Lottery shall deliver to an adult member of the minor's family or the minor's guardian a check or warrant in the amount of the prize payable to the order of the minor.

2.6 If a person under the age of 18 years is entitled to a cash prize of more than $600 from the "ROYALE RICHES" Instant Game, the Texas Lottery shall deposit the amount of the prize in a custodial bank account, with an adult member of the minor's family or the minor's guardian serving as custodian for the minor.

2.7 Instant Ticket Claim Period. All Instant Game prizes must be claimed within 180 days following the end of the Instant Game. Any prize not claimed within that period, and in the manner specified in these Game Procedures and on the back of each ticket, shall be forfeited.

3.0 Instant Ticket Ownership.

A. Until such time as a signature is placed upon the back portion of an Instant Game ticket in the space designated therefor, a ticket shall be owned by the physical possessor of said ticket. When a signature is placed on the back of the ticket in the space designated therefor, the player whose signature appears in that area shall be the owner of the ticket and shall be entitled to any prize attributable thereto. Notwithstanding any name or names submitted on a claim form, the Executive Director shall make payment to the player whose signature appears on the back of the ticket in the space designated therefor. If more than one name appears on the back of the ticket, the Executive Director will require that one of those players whose name appears thereon be designated by such players to receive payment.

B. The Texas Lottery shall not be responsible for lost or stolen Instant Game tickets and shall not be required to pay on a lost or stolen Instant Game ticket.

4.0 Number and Value of Instant Prizes. There will be approximately 3,054,900 tickets in the Instant Game No. 711. The approximate number and value of prizes in the game are as follows:

Table 3 of this section Figure 3:16 TAC GAME NO. 711- 4.0

[GAME NO. 711- 4.0]

A. The actual number of tickets in the game may be increased or decreased at the sole discretion of the Texas Lottery.

5.0 End of the Instant Game. The Executive Director may, at any time, announce a closing date (end date) for the Instant Game No. 711 without advance notice, at which point no further tickets in that game may be sold.

6.0 Governing Law. In purchasing an Instant Game ticket, the player agrees to comply with, and abide by, these Game Procedures for Instant Game No. 711, the State Lottery Act (Texas Government Code, Chapter 466), applicable rules adopted by the Texas Lottery pursuant to the State Lottery Act and referenced in 16 TAC, Chapter 401, and all final decisions of the Executive Director.

TRD-200203872

Kimberly L. Kiplin

General Counsel

Texas Lottery Commission

Filed: June 20, 2002

1.0 Name and Style of Game.

A. The name of Instant Game No. 712 is "MAGIC NUMBERS". The play style in Game 1 is "match 3". The play style in Game 2 is "beat score". The play style in Game 3 is "key number match with auto win". The play style in Game 4 is "column, row, diagonal". The play style in Game 5 is "match 3". The play style in Game 6 is "add up".

1.1 Price of Instant Ticket.

A. Tickets for Instant Game No. 712 shall be $5.00 per ticket.

1.2 Definitions in Instant Game No. 712.

A. Display Printing - That area of the instant game ticket outside of the area where the Overprint and Play Symbols appear.

B. Latex Overprint - The removable scratch-off covering over the Play Symbols on the front of the ticket.

C. Play Symbol - One of the symbols which appears under the Latex Overprint on the front of the ticket. Each Play Symbol is printed in Symbol font in black ink in positive. The possible play symbols are: 1, 2, 3, 4, 5, 6, 7, 8, 9, $5.00, $10.00, $25.00, $50.00, $100, $500, $1,000, $40,000, and STAR SYMBOL.

D. Play Symbol Caption - the small printed material appearing below each Play Symbol which explains the Play Symbol. One and only one of these Play Symbol Captions appears under each Play Symbol and each is printed in caption font in black ink in positive. The Play Symbol Caption which corresponds with and verifies each Play Symbol is as follows:

Table 1 of this section Figure 1:16 TAC GAME NO. 712 - 1.2D

[GAME NO. 712 - 1.2D]

E. Retailer Validation Code - Three small letters found under the removable scratch-off covering in the play area, which retailers use to verify and validate instant winners. The possible validation codes are:

Table 2 of this section. Figure 2:16 TAC GAME NO. 712 - 1.2E

[GAME NO. 712 - 1.2E]

Low-tier winning tickets use the required codes listed in Figure 2:16. Non-winning tickets and high-tier tickets use a non-required combination of the required codes listed in Figure 2:16 with the exception of ∅, which will only appear on low-tier winners and will always have a slash through it.

F. Serial Number - A unique 13 digit number appearing under the latex scratch-off covering on the front of the ticket. There is a four (4) digit security number which will be boxed and placed randomly within the Serial Number. The remaining nine (9) digits of the Serial Number are the Validation Number. The Serial Number is positioned beneath the bottom row of play data in the scratched-off play area. The format will be : 0000000000000.

G. Low-Tier Prize - A prize of $5.00, $10.00, $15.00, or $20.00.

H. Mid-Tier Prize - A prize of $25.00, $50.00, $100, $200, or $500.

I. High-Tier Prize - A prize of $1,000, $5,000, or $40,000.

J. Bar Code - A 22 character interleaved two (2) of five (5) bar code which will include a three (3) digit game ID, the seven (7) digit pack number, the three (3) digit ticket number and the nine (9) digit Validation Number. The bar code appears on the back of the ticket.

K. Pack-Ticket Number - A thirteen (13) digit number consisting of the three (3) digit game number (712), a seven (7) digit pack number, and a three (3) digit ticket number. Ticket numbers start with 000 and end with 074 within each pack. The format will be: 712-0000001-000.

L. Pack - A pack of "MAGIC NUMBERS" Instant Game tickets contain 75 tickets, which are packed in plastic shrink-wrapping and fanfolded in pages of one (1). The packs will alternate. One will show the front of ticket 000 and back of 074, while the other fold will show the back of ticket 000 and front of 074.

M. Non-Winning Ticket - A ticket which is not programmed to be a winning ticket or a ticket that does not meet all of the requirements of these Game Procedures, the State Lottery Act (Texas Government Code, Chapter 466), and applicable rules adopted by the Texas Lottery pursuant to the State Lottery Act and referenced in 16 TAC, Chapter 401.

N. Ticket or Instant Game Ticket, or Instant Ticket - A Texas Lottery "MAGIC NUMBERS" Instant Game No. 712 ticket.

2.0 Determination of Prize Winners. The determination of prize winners is subject to the general ticket validation requirements set forth in Texas Lottery Rule 401.302, Instant Game Rules, these Game Procedures, and the requirements set out on the back of each instant ticket. A prize winner in the "MAGIC NUMBERS" Instant Game is determined once the latex on the ticket is scratched off to expose 36 (thirty-six) play symbols. In Game 1, if the player matches 3 like amounts, the player will win that amount. In Game 2, if the player's YOUR SCORE beats THEIR SCORE in any one row across, the player will win the prize shown for that row. In Game 3, if the player matches any of YOUR NUMBERS to the LUCKY NUMBER, the player will win the prize shown. If the player gets a star symbol, the player will win that prize automatically. In Game 4, if the player gets 3 7 symbols in the same row, column or diagonal, the player will win the prize shown. In Game 5, if the player gets three like numbers, the player will win the prize shown. In Game 6, if the 2 numbers add up to exactly 10, the player will win $10. No portion of the display printing nor any extraneous matter whatsoever shall be usable or playable as a part of the Instant Game.

2.1 Instant Ticket Validation Requirements.

A. To be a valid Instant Game ticket, all of the following requirements must be met:

1. Exactly 36 (thirty-six) Play Symbols must appear under the latex overprint on the front portion of the ticket;

2. Each of the Play Symbols must have a Play Symbol Caption underneath, and each Play Symbol must agree with its Play Symbol Caption;

3. Each of the Play Symbols must be present in its entirety and be fully legible;

4. Each of the Play Symbols must be printed in black ink;

5. The ticket shall be intact;

6. The Serial Number, Retailer Validation Code and Pack-Ticket Number must be present in their entirety and be fully legible;

7. The Serial Number must correspond, using the Texas Lottery's codes, to the Play Symbols on the ticket;

8. The ticket must not have a hole punched through it, be mutilated, altered, unreadable, reconstituted or tampered with in any manner;

9. The ticket must not be counterfeit in whole or in part;

10. The ticket must have been issued by the Texas Lottery in an authorized manner;

11. The ticket must not have been stolen, nor appear on any list of omitted tickets or non-activated tickets on file at the Texas Lottery;

12. The Play Symbols, Serial Number, Retailer Validation Code and Pack-Ticket Number must be right side up and not reversed in any manner;

13. The ticket must be complete and not miscut, and have exactly 36 (thirty-six) Play Symbols under the latex overprint on the front portion of the ticket, exactly one Serial Number, exactly one Retailer Validation Code, and exactly one Pack-Ticket Number on the ticket;

14. The Serial Number of an apparent winning ticket shall correspond with the Texas Lottery's Serial Numbers for winning tickets, and a ticket with that Serial Number shall not have been paid previously;

15. The ticket must not be blank or partially blank, misregistered, defective or printed or produced in error;

16. Each of the 36 (thirty-six) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures.

17. Each of the 36 (thirty-six) Play Symbols on the ticket must be printed in the Symbol font and must correspond precisely to the artwork on file at the Texas Lottery; the ticket Serial Numbers must be printed in the Serial font and must correspond precisely to the artwork on file at the Texas Lottery; and the Pack-Ticket Number must be printed in the Pack-Ticket Number font and must correspond precisely to the artwork on file at the Texas Lottery;

18. The display printing on the ticket must be regular in every respect and correspond precisely to the artwork on file at the Texas Lottery; and

19. The ticket must have been received by the Texas Lottery by applicable deadlines.

B. The ticket must pass all additional validation tests provided for in these Game Procedures, the Texas Lottery's Rules governing the award of prizes of the amount to be validated, and any confidential validation and security tests of the Texas Lottery.

C. Any Instant Game ticket not passing all of the validation requirements is void and ineligible for any prize and shall not be paid. However, the Executive Director may, solely at the Executive Director's discretion, refund the retail sales price of the ticket. In the event a defective ticket is purchased, the only responsibility or liability of the Texas Lottery shall be to replace the defective ticket with another unplayed ticket in that Instant Game (or a ticket of equivalent sales price from any other current Instant Lottery game) or refund the retail sales price of the ticket, solely at the Executive Director's discretion.

2.2 Programmed Game Parameters.

A. Consecutive non-winning tickets will not have identical play data, spot for spot.

B. In Game 1, there will be no four or more of a kind.

C. In Game 2, there will be no duplicate non-winning Your Score play symbols.

D. In Game 2, there will be no duplicate non-winning Their Score play symbols.

E. In Game 2, there will be no duplicate non-winning prize symbols.

F. In Game 2, there will be no ties within a row.

G. In Game 3, non-winning prize symbols will never be the same as the winning prize symbol.

H. In Game 3, there will be no duplicate non-winning prize symbols.

I. In Game 3, there will be no duplicate Your Number on a ticket.

J. In Game 3, no prize amount in a non-winning spot will correspond with the Your Number play symbol (i.e. 5 and $5).

K. In Game 4, there will be no more than one occurrence of three 7 symbols in a row, column or diagonal on ticket.

L. In Game 4, there will never be 3 symbols in the same row, column or diagonal line with the exception of the 7 symbol.

M. In Game 4, there will be at least 4 sevens in every game.

N. Game 5 may only win once.

O. In Game 5, there will be no 4 or more like play symbols.

P. In Game 6, the sum of the 2 numbers will never total less than 4 or more than 15.

2.3 Procedure for Claiming Prizes.

A. To claim a "MAGIC NUMBERS" Instant Game prize $5.00, $10.00, $15.00, $20.00, $25.00, $50.00, $100, $200, and $500, a claimant shall sign the back of the ticket in the space designated on the ticket and present the winning ticket to any Texas Lottery Retailer. The Texas Lottery Retailer shall verify the claim and, if valid, and upon presentation of proper identification, make payment of the amount due the claimant and physically void the ticket; provided that the Texas Lottery Retailer may, but is not, in some cases, required to pay a $50.00, $100, $200, or $500 ticket. In the event the Texas Lottery Retailer cannot verify the claim, the Texas Lottery Retailer shall provide the claimant with a claim form and instruct the claimant on how to file a claim with the Texas Lottery. If the claim is validated by the Texas Lottery, a check shall be forwarded to the claimant in the amount due. In the event the claim is not validated, the claim shall be denied and the claimant shall be notified promptly. A claimant may also claim any of the above prizes under the procedure described in Section 2.3.B and 2.3.C of these Game Procedures.

B. To claim a "MAGIC NUMBERS" Instant Game prize of $1,000, $5,000 or $40,000, the claimant must sign the winning ticket and present it at one of the Texas Lottery's Claim Centers. If the claim is validated by the Texas Lottery, payment will be made to the bearer of the validated winning ticket for that prize upon presentation of proper identification. When paying a prize of $600 or more, the Texas Lottery shall file the appropriate income reporting form with the Internal Revenue Service (IRS) and shall withhold federal income tax at a rate set by the IRS if required. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.

C. As an alternative method of claiming a "MAGIC NUMBERS" Instant Game prize, the claimant must sign the winning ticket, thoroughly complete a claim form, and mail both to: Texas Lottery Commission, Post Office Box 16600, Austin, Texas 78761-6600. The risk of sending a ticket remains with the claimant. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.

D. Prior to payment by the Texas Lottery of any prize, the Texas Lottery shall deduct a sufficient amount from the winnings of a person who has been finally determined to be:

1. delinquent in the payment of a tax or other money collected by the Comptroller, the Texas Workforce Commission, or Texas Alcoholic Beverage Commission;

2. delinquent in making child support payments administered or collected by the Attorney General; or

3. delinquent in reimbursing the Texas Department of Human Services for a benefit granted in error under the food stamp program or the program of financial assistance under Chapter 31, Human Resource Code;

4. in default on a loan made under Chapter 52, Education Code; or

5. in default on a loan guaranteed under Chapter 57, Education Code

E. If a person is indebted or owes delinquent taxes to the State, other than those specified in the preceding paragraph, the winnings of a person shall be withheld until the debt or taxes are paid.

2.4 Allowance for Delay of Payment. The Texas Lottery may delay payment of the prize pending a final determination by the Executive Director, under any of the following circumstances:

A. if a dispute occurs, or it appears likely that a dispute may occur, regarding the prize;

B. if there is any question regarding the identity of the claimant;

C. if there is any question regarding the validity of the ticket presented for payment; or

D. if the claim is subject to any deduction from the payment otherwise due, as described in Section 2.3.D of these Game Procedures. No liability for interest for any delay shall accrue to the benefit of the claimant pending payment of the claim.

2.5 Payment of Prizes to Persons Under 18. If a person under the age of 18 years is entitled to a cash prize of less than $600 from the "MAGIC NUMBERS" Instant Game, the Texas Lottery shall deliver to an adult member of the minor's family or the minor's guardian a check or warrant in the amount of the prize payable to the order of the minor.

2.6 If a person under the age of 18 years is entitled to a cash prize of more than $600 from the "MAGIC NUMBERS" Instant Game, the Texas Lottery shall deposit the amount of the prize in a custodial bank account, with an adult member of the minor's family or the minor's guardian serving as custodian for the minor.

2.7 Instant Ticket Claim Period. All Instant Game prizes must be claimed within 180 days following the end of the Instant Game. Any prize not claimed within that period, and in the manner specified in these Game Procedures and on the back of each ticket, shall be forfeited.

3.0 Instant Ticket Ownership.

A. Until such time as a signature is placed upon the back portion of an Instant Game ticket in the space designated therefor, a ticket shall be owned by the physical possessor of said ticket. When a signature is placed on the back of the ticket in the space designated therefor, the player whose signature appears in that area shall be the owner of the ticket and shall be entitled to any prize attributable thereto. Notwithstanding any name or names submitted on a claim form, the Executive Director shall make payment to the player whose signature appears on the back of the ticket in the space designated therefor. If more than one name appears on the back of the ticket, the Executive Director will require that one of those players whose name appears thereon be designated by such players to receive payment.

B. The Texas Lottery shall not be responsible for lost or stolen Instant Game tickets and shall not be required to pay on a lost or stolen Instant Game ticket.

4.0 Number and Value of Instant Prizes. There will be approximately 3,037,500 tickets in the Instant Game No. 712. The approximate number and value of prizes in the game are as follows:

Table 3 of this section Figure 3:16 TAC GAME NO. 712- 4.0

[GAME NO. 712- 4.0]

A. The actual number of tickets in the game may be increased or decreased at the sole discretion of the Texas Lottery.

5.0 End of the Instant Game. The Executive Director may, at any time, announce a closing date (end date) for the Instant Game No. 712 without advance notice, at which point no further tickets in that game may be sold.

6.0 Governing Law. In purchasing an Instant Game ticket, the player agrees to comply with, and abide by, these Game Procedures for Instant Game No. 712, the State Lottery Act (Texas Government Code, Chapter 466), applicable rules adopted by the Texas Lottery pursuant to the State Lottery Act and referenced in 16 TAC, Chapter 401, and all final decisions of the Executive Director.

TRD-200203871

Kimberly L. Kiplin

General Counsel

Texas Lottery Commission

Filed: June 20, 2002

1.0 Name and Style of Game.

A. The name of Instant Game No. 717 is "BIG MONEY SPECTACULAR". The play style in Game 1 is "Your Score beats Their Score". The play style in Game 2 is "key number match with doubler". The play style in Game 3 is "key symbol match with auto win". The play style in Game 4 is "key number match with tripler".

1.1 Price of Instant Ticket.

A. Tickets for Instant Game No. 717 shall be $5.00 per ticket.

1.2 Definitions in Instant Game No. 717.

A. Display Printing - That area of the instant game ticket outside of the area where the Overprint and Play Symbols appear.

B. Latex Overprint - The removable scratch-off covering over the Play Symbols on the front of the ticket.

C. Play Symbol - One of the symbols which appears under the Latex Overprint on the front of the ticket. Each Play Symbol is printed in Symbol font in black ink in positive. The possible play symbols are: 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, $1.00, $2.00, $4.00, $5.00, $8.00, $10.00, $20.00, $50.00, $100, $250, $500, $1,000, $5,000, $60,000, $ SYMBOL, MONEY BAG SYMBOL, BOOT SYMBOL, SADDLE SYMBOL, HAT SYMBOL, SPUR SYMBOL, HORSE SYMBOL, STAR SYMBOL, HORSESHOE SYMBOL, GOLD BAR SYMBOL, STACK OF BILLS SYMBOL, CLOVER SYMBOL, COIN SYMBOL, and POT OF GOLD SYMBOL

D. Play Symbol Caption - the small printed material appearing below each Play Symbol which explains the Play Symbol. One and only one of these Play Symbol Captions appears under each Play Symbol and each is printed in caption font in black ink in positive. The Play Symbol Caption which corresponds with and verifies each Play Symbol is as follows:

Table 1 of this section Figure 1:16 TAC GAME NO. 717 - 1.2D

[GAME NO. 717 - 1.2D]

E. Retailer Validation Code - Three small letters found under the removable scratch-off covering in the play area, which retailers use to verify and validate instant winners. The possible validation codes are:

Table 2 of this section. Figure 2:16 TAC GAME NO. 717 - 1.2E

[GAME NO. 717 - 1.2E]

Low-tier winning tickets use the required codes listed in Figure 2:16. Non-winning tickets and high-tier tickets use a non-required combination of the required codes listed in Figure 2:16 with the exception of ∅, which will only appear on low-tier winners and will always have a slash through it.

F. Serial Number - A unique 13 digit number appearing under the latex scratch-off covering on the front of the ticket. There is a four (4) digit security number which will be boxed and placed randomly within the Serial Number. The remaining nine (9) digits of the Serial Number are the Validation Number. The Serial Number is positioned beneath the bottom row of play data in the scratched-off play area. The format will be : 0000000000000.

G. Low-Tier Prize - A prize of $5.00, $8.00, $10.00, or $20.00.

H. Mid-Tier Prize - A prize of $50.00, $100, or $500.

I. High-Tier Prize - A prize of $1,000, $5,000, or $60,000.

J. Bar Code - A 22 (twenty-two) character interleaved two (2) of five (5) bar code which will include a three (3) digit game ID, the seven (7) digit pack number, the three (3) digit ticket number and the nine (9) digit Validation Number. The bar code appears on the back of the ticket.

K. Pack-Ticket Number - A 13 (thirteen) digit number consisting of the three (3) digit game number (717), a seven (7) digit pack number, and a three (3) digit ticket number. Ticket numbers start with 000 and end with 074 within each pack. The format will be: 717-0000001-000.

L. Pack - A pack of "BIG MONEY SPECTACULAR" Instant Game tickets contain 75 tickets, which are packed in plastic shrink-wrapping and fanfolded in pages of one (1). The packs will alternate. One will show the front of ticket 000 and back of 074, while the other fold will show the back of ticket 000 and front of 074.

M. Non-Winning Ticket - A ticket which is not programmed to be a winning ticket or a ticket that does not meet all of the requirements of these Game Procedures, the State Lottery Act (Texas Government Code, Chapter 466), and applicable rules adopted by the Texas Lottery pursuant to the State Lottery Act and referenced in 16 TAC, Chapter 401.

N. Ticket or Instant Game Ticket, or Instant Ticket - A Texas Lottery "BIG MONEY SPECTACULAR" Instant Game No. 717 ticket.

2.0 Determination of Prize Winners. The determination of prize winners is subject to the general ticket validation requirements set forth in Texas Lottery Rule 401.302, Instant Game Rules, these Game Procedures, and the requirements set out on the back of each instant ticket. A prize winner in the "BIG MONEY SPECTACULAR" Instant Game is determined once the latex on the ticket is scratched off to expose 51 (fifty-one) play symbols. In Game 1, if the player's YOUR NUMBER beats THEIR NUMBER in any one row across, the player will win the prize shown for that row. If the player gets a Money Bag symbol in YOUR NUMBER, the player will win all 4 prizes for this game. In Game 2, if the player matches three (3) like amounts, the player will win that amount. If the player matches 2 like amounts and a dollar symbol, the player will win double that amount shown. In Game 3, if the player matches any of the YOUR SYMBOLS to the LUCKY SYMBOL, the player will win the prize shown for that symbol. If the player gets a pot of gold symbol, the player will automatically win the prize shown for that symbol. In Game 4, if any of the players YOUR NUMBERS match either CASH NUMBERS, the player will win the prize shown for that number. If the player gets a coin symbol under YOUR NUMBERS, the player will win triple the prize shown for that number. No portion of the display printing nor any extraneous matter whatsoever shall be usable or playable as a part of the Instant Game.

2.1 Instant Ticket Validation Requirements.

A. To be a valid Instant Game ticket, all of the following requirements must be met:

1. Exactly 51 (fifty-one) Play Symbols must appear under the latex overprint on the front portion of the ticket;

2. Each of the Play Symbols must have a Play Symbol Caption underneath, and each Play Symbol must agree with its Play Symbol Caption;

3. Each of the Play Symbols must be present in its entirety and be fully legible;

4. Each of the Play Symbols must be printed in black ink;

5. The ticket shall be intact;

6. The Serial Number, Retailer Validation Code and Pack-Ticket Number must be present in their entirety and be fully legible;

7. The Serial Number must correspond, using the Texas Lottery's codes, to the Play Symbols on the ticket;

8. The ticket must not have a hole punched through it, be mutilated, altered, unreadable, reconstituted or tampered with in any manner;

9. The ticket must not be counterfeit in whole or in part;

10. The ticket must have been issued by the Texas Lottery in an authorized manner;

11. The ticket must not have been stolen, nor appear on any list of omitted tickets or non-activated tickets on file at the Texas Lottery;

12. The Play Symbols, Serial Number, Retailer Validation Code and Pack-Ticket Number must be right side up and not reversed in any manner;

13. The ticket must be complete and not miscut, and have exactly 51 (fifty-one) Play Symbols under the latex overprint on the front portion of the ticket, exactly one Serial Number, exactly one Retailer Validation Code, and exactly one Pack-Ticket Number on the ticket;

14. The Serial Number of an apparent winning ticket shall correspond with the Texas Lottery's Serial Numbers for winning tickets, and a ticket with that Serial Number shall not have been paid previously;

15. The ticket must not be blank or partially blank, misregistered, defective or printed or produced in error;

16. Each of the 51 (fifty-one) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures.

17. Each of the 51 (fifty-one) Play Symbols on the ticket must be printed in the Symbol font and must correspond precisely to the artwork on file at the Texas Lottery; the ticket Serial Numbers must be printed in the Serial font and must correspond precisely to the artwork on file at the Texas Lottery; and the Pack-Ticket Number must be printed in the Pack-Ticket Number font and must correspond precisely to the artwork on file at the Texas Lottery;

18. The display printing on the ticket must be regular in every respect and correspond precisely to the artwork on file at the Texas Lottery; and

19. The ticket must have been received by the Texas Lottery by applicable deadlines.

B. The ticket must pass all additional validation tests provided for in these Game Procedures, the Texas Lottery's Rules governing the award of prizes of the amount to be validated, and any confidential validation and security tests of the Texas Lottery.

C. Any Instant Game ticket not passing all of the validation requirements is void and ineligible for any prize and shall not be paid. However, the Executive Director may, solely at the Executive Director's discretion, refund the retail sales price of the ticket. In the event a defective ticket is purchased, the only responsibility or liability of the Texas Lottery shall be to replace the defective ticket with another unplayed ticket in that Instant Game (or a ticket of equivalent sales price from any other current Instant Lottery game) or refund the retail sales price of the ticket, solely at the Executive Director's discretion.

2.2 Programmed Game Parameters.

A. Consecutive non-winning tickets will not have identical play data, spot for spot.

B. In Game 1: No duplicate non-winning rows.

C. Game 1: No ties between Your score and Their Score in a row.

D. Game 1: No duplicate non-winning prize symbols.

E. Game 1: When the money bag symbol appears on a ticket, the three other rows will be non-winning plays.

F. Game 2: No four or more of a kind.

G. Game 2: The doubler symbol will never appear more than once.

H. Game 3: No duplicate non-winning prize symbols.

I. Game 3: No duplicate non-winning Your Symbols.

J. Game 3: The pot of gold symbol will never appear more than once.

K. Game 4: No more than one pair of duplicate non-winning prize symbols.

L. Game 4: No duplicate non-winning Your Numbers.

M. Game 4: No duplicate Cash Numbers.

N. Game 4: The tripler symbol will only appear as dictated by the prize structure.

O. Game 4: The tripler symbol will never appear more than once.

2.3 Procedure for Claiming Prizes.

A. To claim a "BIG MONEY SPECTACULAR" Instant Game prize of $5.00, $8.00, $10.00, $20.00, $50.00, $100, or $500 a claimant shall sign the back of the ticket in the space designated on the ticket and present the winning ticket to any Texas Lottery Retailer. The Texas Lottery Retailer shall verify the claim and, if valid, and upon presentation of proper identification, make payment of the amount due the claimant and physically void the ticket; provided that the Texas Lottery Retailer may, but is not, in some cases, required to pay a $50.00, $100, or $500 ticket. In the event the Texas Lottery Retailer cannot verify the claim, the Texas Lottery Retailer shall provide the claimant with a claim form and instruct the claimant on how to file a claim with the Texas Lottery. If the claim is validated by the Texas Lottery, a check shall be forwarded to the claimant in the amount due. In the event the claim is not validated, the claim shall be denied and the claimant shall be notified promptly. A claimant may also claim any of the above prizes under the procedure described in Section 2.3.B and 2.3.C of these Game Procedures.

B. To claim a "BIG MONEY SPECTACULAR" Instant Game prize of $1,000, $5,000, or $60,000, the claimant must sign the winning ticket and present it at one of the Texas Lottery's Claim Centers. If the claim is validated by the Texas Lottery, payment will be made to the bearer of the validated winning ticket for that prize upon presentation of proper identification. When paying a prize of $600 or more, the Texas Lottery shall file the appropriate income reporting form with the Internal Revenue Service (IRS) and shall withhold federal income tax at a rate set by the IRS if required. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.

C. As an alternative method of claiming a "BIG MONEY SPECTACULAR" Instant Game prize, the claimant must sign the winning ticket, thoroughly complete a claim form, and mail both to: Texas Lottery Commission, Post Office Box 16600, Austin, Texas 78761-6600. The risk of sending a ticket remains with the claimant. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.

D. Prior to payment by the Texas Lottery of any prize, the Texas Lottery shall deduct a sufficient amount from the winnings of a person who has been finally determined to be:

1. delinquent in the payment of a tax or other money collected by the Comptroller, the Texas Workforce Commission, or Texas Alcoholic Beverage Commission;

2. delinquent in making child support payments administered or collected by the Attorney General; or

3. delinquent in reimbursing the Texas Department of Human Services for a benefit granted in error under the food stamp program or the program of financial assistance under Chapter 31, Human Resource Code;

4. in default on a loan made under Chapter 52, Education Code; or

5. in default on a loan guaranteed under Chapter 57, Education Code

E. If a person is indebted or owes delinquent taxes to the State, other than those specified in the preceding paragraph, the winnings of a person shall be withheld until the debt or taxes are paid.

2.4 Allowance for Delay of Payment. The Texas Lottery may delay payment of the prize pending a final determination by the Executive Director, under any of the following circumstances:

A. if a dispute occurs, or it appears likely that a dispute may occur, regarding the prize;

B. if there is any question regarding the identity of the claimant;

C. if there is any question regarding the validity of the ticket presented for payment; or

D. if the claim is subject to any deduction from the payment otherwise due, as described in Section 2.3.D of these Game Procedures. No liability for interest for any delay shall accrue to the benefit of the claimant pending payment of the claim.

2.5 Payment of Prizes to Persons Under 18. If a person under the age of 18 years is entitled to a cash prize of less than $600 from the "BIG MONEY SPECTACULAR" Instant Game, the Texas Lottery shall deliver to an adult member of the minor's family or the minor's guardian a check or warrant in the amount of the prize payable to the order of the minor.

2.6 If a person under the age of 18 years is entitled to a cash prize of more than $600 from the "BIG MONEY SPECTACULAR" Instant Game, the Texas Lottery shall deposit the amount of the prize in a custodial bank account, with an adult member of the minor's family or the minor's guardian serving as custodian for the minor.

2.7 Instant Ticket Claim Period. All Instant Game prizes must be claimed within 180 days following the end of the Instant Game. Any prize not claimed within that period, and in the manner specified in these Game Procedures and on the back of each ticket, shall be forfeited.

3.0 Instant Ticket Ownership.

A. Until such time as a signature is placed upon the back portion of an Instant Game ticket in the space designated therefor, a ticket shall be owned by the physical possessor of said ticket. When a signature is placed on the back of the ticket in the space designated therefor, the player whose signature appears in that area shall be the owner of the ticket and shall be entitled to any prize attributable thereto. Notwithstanding any name or names submitted on a claim form, the Executive Director shall make payment to the player whose signature appears on the back of the ticket in the space designated therefor. If more than one name appears on the back of the ticket, the Executive Director will require that one of those players whose name appears thereon be designated by such players to receive payment.

B. The Texas Lottery shall not be responsible for lost or stolen Instant Game tickets and shall not be required to pay on a lost or stolen Instant Game ticket.

4.0 Number and Value of Instant Prizes. There will be approximately 3,006,000 tickets in the Instant Game No. 717. The approximate number and value of prizes in the game are as follows:

Table 3 of this section Figure 3:16 TAC GAME NO. 717- 4.0

[GAME NO. 717- 4.0]

A. The actual number of tickets in the game may be increased or decreased at the sole discretion of the Texas Lottery.

5.0 End of the Instant Game. The Executive Director may, at any time, announce a closing date (end date) for the Instant Game No. 717 without advance notice, at which point no further tickets in that game may be sold.

6.0 Governing Law. In purchasing an Instant Game ticket, the player agrees to comply with, and abide by, these Game Procedures for Instant Game No. 717, the State Lottery Act (Texas Government Code, Chapter 466), applicable rules adopted by the Texas Lottery pursuant to the State Lottery Act and referenced in 16 TAC, Chapter 401, and all final decisions of the Executive Director.

TRD-200203877

Kimberly L. Kiplin

General Counsel

Texas Lottery Commission

Filed: June 20, 2002

Notice Of Application And Preliminary Decision for a Municipal Solid Waste Permit

For The Period of June 17, 2002.

APPLICATION The Panama Road Landfill, TX, L.P., 801 East College Street, Lewisville, Texas 75057, has applied to the Texas Natural Resource Conservation Commission (TNRCC) for a permit to authorize a Type I municipal solid waste landfill facility that will dispose of municipal solid waste, construction-demolition waste, certain special wastes, and Class 2 & 3 nonhazardous industrial waste. The applicant has requested a separate determination of the land use compatibility of the proposed site. The landfill facility is proposed to be located on a 250.0 acre site approximately 4.0 mile east of Gordon and approximately 4.5 miles southwest of the Santo community on the north side of Interstate Highway 20 in Palo Pinto County, Texas.

The TNRCC executive director has completed the technical review of the land-use compatibility portion of the permit application and has made a preliminary decision that the proposed location is compatible with surrounding land uses. The Executive Director will consider the other technical matters concerning the permit application at another time. The land-use compatibility portion of the permit application and the executive director's preliminary decision are available for viewing and copying at the Palo Pinto County Courthouse, 520 Oak Street, Palo Pinto, Texas 76484, telephone (940) 659-1210; and the Gordon City Hall, 105 Main Street, Gordon, Texas 76453, telephone (254) 693-5676.

MAILING LISTS. You may ask to be placed on a mailing list to obtain additional information regarding this application by sending a request to the Office of the Chief Clerk at the address below. You may also ask to be on a county-wide mailing list to receive public notices for TNRCC permits in the county.

PUBLIC COMMENT / PUBLIC MEETING. The TNRCC held a public meeting at 7:00 pm on March 7, 2002, at the Gordon Community Center, Gordon, Texas; and a second public meeting at 7:00 pm on April 25, 2002, at the Santo Independent School District Elementary Building Cafetorium, Santo, Texas. You may submit additional public comments or request another public meeting about this land-use only compatibility application. The purpose of a public meeting is to provide the opportunity to submit comment or to ask questions about the application. The TNRCC will hold a public meeting if the executive director determines that there is a significant degree of public interest in the application or if requested by a local legislator. A public meeting is not a contested case hearing.

You may submit additional written public comment to the Office of the Chief Clerk, MC 105, TNRCC, P.O. Box 13087, Austin, TX 78711-3087 within 30 days from the date of newspaper publication of this notice.

OPPORTUNITY FOR A CONTESTED CASE HEARING. After the deadline for public comments, the executive director will consider the comments and prepare a response to all relevant and material or significant public comments. The response to comments, along with the executive director's decision on the application, will be mailed to everyone who submitted public comments or who requested to be on a mailing list for this application. If comments are received, the mailing will also provide instructions for requesting a contested case hearing or reconsideration of the executive director's decision. A contested case hearing is a legal proceeding similar to a civil trial in a state district court.

A contested case hearing will only be granted based on disputed issues of fact that are relevant and material to the Commission's decision on the application. Further, the Commission will only grant a hearing on issues that were raised during the public comment period and not withdrawn. Issues that are not raised in public comments may not be considered during a hearing.

EXECUTIVE DIRECTOR ACTION. The executive director may issue final approval of the land-use compatibility portion of the application unless a timely contested case hearing request or request for reconsideration is filed. If a timely hearing request or request for reconsideration is filed, the executive director will not issue final approval and will forward the application and requests to the TNRCC Commissioners for their consideration at a scheduled Commission meeting.

INFORMATION. If you need more information about this permit application or the permitting process, please call the TNRCC Office of Public Assistance, Toll Free, at 1-800-687-4040. General information about the TNRCC can be found at our web site at www.tnrcc.state.tx.us.

Further information may also be obtained from Mr. Matt Henry, Panama Road Landfill, TX, L.P., at the address stated above or by calling Mr. Henry at (972) 436-4217.

TRD-200203989

LaDonna Castañuela

Chief Clerk

Texas Natural Resource Conservation Commission

Filed: June 25, 2002

For the Period of June 21, 2002

APPLICATION Hardin County, 300 Monroe, Kountze, Texas 77625-5994, has applied to the Texas Natural Resource Conservation Commission (TNRCC) for a permit to amend the existing permit, MSW-2214, to authorize a Type I municipal solid waste landfill facility that will dispose of municipal solid waste, construction-demolition waste, and Class 2 & 3 nonhazardous industrial waste. The landfill facility covers approximately 79 acres in Hardin County, Texas, approximately 3 miles southwest of the City of Kountze on the south side of FM 770. The site is 1/2 mile west of the intersection of FM 770 and S.H. 326. This application was submitted to the TNRCC on January 18, 2001.

The TNRCC executive director has completed the technical review of the application and prepared a draft permit. The draft permit, if approved, would establish the conditions under which the facility must operate. The executive director has made a preliminary decision to issue this draft permit. The permit application, executive director's preliminary decision, and draft permit are available for viewing and copying at the Hardin County Court House, 300 Monroe, Kountze, Texas 77625-5994. The telephone number is (409) 246-5120.

Further information may also be obtained from the Honorable Billy Caraway, Hardin County Judge at the address stated above or by calling (409) 246-5120.

APPLICATION The City of Commerce has applied to the Texas Natural Resource Conservation Commission (TNRCC) for a permit to amend the existing permit (MSW 421) to develop an additional 42.5 acres of the permitted 179.0 acres, in addition to the 43.45 acres that were already filled and closed prior to October 1993. The facility is located approximately 3.5 miles southeast of the center of the City of Commerce off of Farm to Market Road 1568, in Hunt County, Texas. This application was submitted to the TNRCC on February 6, 2002.

The TNRCC executive director has completed the technical review of the application and prepared a draft permit. The draft permit, if approved, would establish the conditions under which the facility must operate. The executive director has made a preliminary decision to issue this draft permit. The permit application, executive director's preliminary decision, and draft permit are available for viewing and copying at City Hall at 1119 Alamo Street in the City of Commerce, Texas, in Hunt County.

Further information may also be obtained from City Hall of the City of Commerce at the address stated above or by calling the City Offices at (903) 886-1124.

PUBLIC COMMENT/PUBLIC MEETING. You may submit public comments or request a public meeting about this application. The purpose of a public meeting is to provide the opportunity to submit comments or to ask questions about the application. Generally, the TNRCC will hold a public meeting if the executive director determines that there is a significant degree of public interest in the application or if requested by a local legislator. A public meeting is not a contested case hearing.

Written pubic comments and requests for a public meeting must be submitted to the Office of the Chief Clerk, MC 105, TNRCC, P.O. Box 13087, Austin, Texas 78711-3087 within 30 days from the date of newspaper publication of this notice.

OPPORTUNITY FOR A CONTESTED CASE HEARING. After the deadline for public comments, the executive director will consider the comments and prepare a response to all relevant and material or significant public comments. The response to comments, along with the executive director's decision on the application, will be mailed to everyone who submitted public comments or who requested to be on a mailing list for this application. If comments are received, the mailing will also provide instructions for requesting a contested case hearing or reconsideration of the executive director's decision. A contested case hearing is a legal proceeding similar to a civil trial in a state district court.

A contested case hearing will only be granted based on disputed issues of fact that are relevant and material to the Commission's decision on the application. Further, the Commission will only grant a hearing on issues that were raised during the public comment period and not withdrawn. Issues that are not raised in public comments may not be considered during a hearing.

EXECUTIVE DIRECTOR ACTION. The executive director may issue final approval of the application unless a timely contested case hearing request or request for reconsideration is filed. If a timely hearing request or request for reconsideration is filed, the executive director will not issue final approval of the permit and will forward the application and requests to the TNRCC Commissioners for their consideration at a scheduled Commission meeting.

MAILING LIST. In addition to submitting public comments, you may ask to be placed on a mailing list to receive future public notices mailed by the Office of the Chief Clerk. You may request to be added to: (1) the mailing list for this specific application; (2) the permanent mailing list for a specific applicant name and permit number; and/or (3) the permanent mailing list for a specific county. Clearly specify which mailing list(s) to which you wish to be added and send your request to the TNRCC Office of the Chief Clerk at the address below. Unless you otherwise specify, you will be included only on the mailing list for this specific application.

INFORMATION. If you need more information about this permit application or the permitting process, please call the TNRCC Office of Public Assistance, Toll Free, at 1-800-687-4040. General information about the TNRCC can be found at our web site at www.tnrcc.state.tx.us.

TRD-200203990

LaDonna Castañuela

Chief Clerk

Texas Natural Resource Conservation Commission

Filed: June 25, 2002

For the Period of June 10, 2002

APPLICATION AND PRELIMINARY DECISION. SET Environmental, Inc., (formerly Treatment One) 5743 Cheswood, Houston, Harris County, Texas 77087, a commercial industrial hazardous waste management facility has applied to the Texas Natural Resource Conservation Commission (TNRCC) for a permit renewal to authorize the construction and continued operation of 7 existing tanks, 2 proposed tanks, and 6 existing container storage areas for the storage and processing of hazardous wastes and Class 1 industrial solid waste. The facility is located is located at the above address. This application was submitted to the TNRCC on July 22, 2000.

The TNRCC executive director has completed the technical review of the application and prepared a draft permit. The draft permit, if approved, would establish the conditions under which the facility must operate. The executive director has made a preliminary decision that this permit, if issued, meets all statutory and regulatory requirements. The permit application, executive director's preliminary decision, and draft permit are available for viewing and copying at the Mancuso Branch Public Library, 6767 Bellfort, Houston, Texas.

PUBLIC COMMENT/PUBLIC MEETING. You may submit public comments or request a public meeting about this application. The purpose of a public meeting is to provide the opportunity to submit comments or to ask questions about the application. Generally, the TNRCC will hold a public meeting if the executive director determines that there is a significant degree of public interest in the application or if requested by a local legislator. A public meeting is not a contested case hearing.

Written public comments and requests for a public meeting must be submitted to the Office of the Chief Clerk, MC 105, TNRCC, P.O. Box 13087, Austin, Texas 78711-3087 within 45 days from the date of newspaper publication of this notice.

OPPORTUNITY FOR A CONTESTED CASE HEARING. After the deadline for public comments, the executive director will consider the comments and prepare a response to all relevant and material or significant public comments. The response to comments, along with the executive director's decision on the application, will be mailed to everyone who submitted public comments or is on the mailing list for this application. If comments are received, the mailing will also provide instructions for requesting a contested case hearing or reconsideration of the executive director's decision. A contested case hearing is a legal proceeding similar to a civil trial in a state district court.

A contested case hearing will only be granted based on disputed issues of fact that are relevant and material to the Commission's decision on the application. Further, the Commission will only grant a hearing on issues that were raised during the public comment period and not withdrawn. Issues that are not raised in public comment may not be considered during a hearing.

EXECUTIVE DIRECTOR ACTION. The executive director may issue final approval of the application unless a timely contested case hearing request or request for reconsideration is filed. If a timely hearing request or request for reconsideration is filed, the executive director will not issue final approval of the permit and will forward the application and requests to the TNRCC Commissioners for their consideration at a scheduled Commission meeting.

MAILING LIST. In addition to submitting public comments, you may ask to be placed on a mailing list to receive future public notices mailed by the Office of the Chief Clerk. You may request to be added to: (1) the mailing list for this specific application; (2) the permanent mailing list for a specific applicant name and permit number; and/or (3) the permanent mailing list for a specific county. Clearly specify which mailing list(s) to which you wish to be added and send your request to the TNRCC Office of the Chief Clerk at the address below. Unless you otherwise specify, you will be included only on the mailing list for this specific application.

INFORMATION. If you need more information about this permit application or the permitting process, please call the TNRCC Office of Public Assistance, Toll Free, at 1-800-687-4040. General information about the TNRCC can be found at our web site at www.tnrcc.state.tx.us.

Further information may also be obtained from SET Environmental, Inc., at the address stated above or by calling Mr. Daniel A. Didier at (713) 645-8710.

TRD-200203991

LaDonna Castañuela

Chief Clerk

Texas Natural Resource Conservation Commission

Filed: June 25, 2002

The executive director of the Texas Natural Resource Conservation Commission (commission) is issuing this notice of deletion of the Gulf Metals Industries site from the state registry, the list of state Superfund sites. The state registry lists the contaminated sites which may constitute an imminent and substantial endangerment to public health and safety or the environment due to a release or threatened release of hazardous substances into the environment.

The site was originally proposed for listing on the state registry on October 16, 1987 (12 TexReg 3858). The site, including all land, structures, and other improvements, is approximately 16 acres located on Telean Street, northeast of the intersection of Mykawa Road and Almeda-Genoa Road in Houston, Harris County, Texas. In addition, the site included any areas where hazardous substances came to be located as a result, either directly or indirectly, of releases of hazardous substances from the site.

The site is a former sand and gravel pit that was used for disposal of hazardous materials, including oily sludges, from the 1950s - 1967. From 1965 - 1967, the site was operated as a commercial landfill for the disposal of metal slag and other foundry debris, including furnace sand and refractory brick. Use of the site as a disposal facility stopped in 1981.

The site respondents have satisfied the requirements of the administrative order for the remedial investigation/feasibility study. The site has been accepted into the commission's Voluntary Cleanup Program and is therefore eligible for deletion from the state registry as provided by 30 TAC §335.344(c)(5).

In accordance with §335.344(b), the commission held a public meeting to receive comments on the intended deletion of the site on June 4, 2002, at the Knights of Columbus Hall, 6320 Madden Lane, Houston, Texas. The complete public file, including a transcript of the public meeting, may be viewed during regular business hours at the commission's Records Management Center, Building E, First Floor, 12100 Park 35 Circle, Austin, Texas 78753, telephone numbers (800) 633-9363 or (512) 239-2920. Fees are charged for photocopying file information.

In accordance with Texas Health and Safety Code, §361.188(d), a notice will be filed in the real property records of Harris County, Texas stating that the site has been deleted from the state registry.

All inquiries regarding the deletion of the site should be directed to Mr. Joe Shields, Community Relations, Texas Natural Resource Conservation Commission, telephone numbers (800) 633-9363 or (512) 239- 0666.

TRD-200203982

Paul Sarahan

Director, Litigation Division

Texas Natural Resource Conservation Commission

Filed: June 25, 2002

The Texas Natural Resource Conservation Commission (TNRCC or commission) is required under the Texas Solid Waste Disposal Act, Texas Health and Safety Code, Chapter 361, as amended (the Act), to annually publish a state registry that identifies facilities that may constitute an imminent and substantial endangerment to public health and safety or the environment due to a release or threatened release of hazardous substances into the environment. The most recent registry listing of these facilities was published in the May 24, 2002 issue of the Texas Register (27 TexReg 4633-34).

In accordance with §361.184 (a), the commission must publish in the Texas Register and in a newspaper of general circulation in the county in which the facility is located, a notice of intent to list a facility on the state registry of state Superfund sites. With this publication, the TNRCC hereby gives notice of a facility or area that the executive director (ED) determined eligible for listing and which the ED proposes to list on the state registry. This publication also specifies the general nature of the potential endangerment to public health and safety or the environment as determined by information currently available to the ED. This notice of intent to list this facility was also published on July 3, 2002, in the Junction Eagle.

The facility proposed for listing is the Lyon Property site, located on U.S. 385, approximately 1 mile north of the intersection of Farm Road 1871 and U.S. 385, London, Kimble County, Texas. The geographic coordinates of the site are Latitude: 30ø, 34 minutes, 51 seconds North; Longitude: 99ø, 35 minutes, 29 seconds West. The description of the site is based on information available at the time the site was evaluated with the Hazard Ranking System (HRS). The HRS is the principal screening guide used by the TNRCC to evaluate potential relative risk to public health and the environment from releases or threatened releases of hazardous substances. The description may change as additional information is gathered on the sources and extent of contamination.

The Lyon property covers six acres in an area adjacent to the Llano River. A small wire burning operation was conducted at the site for metal recovery. The burn site encompassed an area of 75 by 60 feet. The natural grade of the property slopes from the burn site down to the Llano River.

Sampling of soils at the burn site indicated elevated concentrations of cadmium, lead, and total petroleum hydrocarbons. The primary pathway of concern for potential human health and the environmental impacts is the surface water pathway. The site is located on topography that slopes toward the Llano River, a known fishery. The overland flow component begins at the contaminated soil and extends to the Llano River.

A public meeting may be requested regarding the proposed listing of the Lyon Property site on the state Superfund registry. The public meeting must be requested by submitting a written request by 5:00 p.m., August 6, 2002. Interested parties may submit a written request for a public meeting or may submit written comments to the commission relative to the proposed listing of the Lyon Property site to the attention of Ms. Carol Dye, Remediation Division, Texas Natural Resource Conservation Commission, MC 143, P.O. Box 13087, Austin, Texas 78711-3087; or by facsimile at (512) 239-2450.

If a public meeting is requested regarding the proposed listing of this facility on the state Superfund registry, the commission shall publish general notice of the date, time, and location of the public meeting in the Texas Register and in the Junction Eagle . The public meeting notice shall be provided no later than the 31st day before the date of the meeting. If a public meeting is requested, it will be legislative in nature and not a contested case hearing under the Texas Administrative Procedure Act (Texas Government Code, Chapter 2001).

A portion of the record for this site, including documents pertinent to the ED's determination of eligibility is available for review at the Kimble County Library, 208 North 10th Street, Junction, Texas 76849, during regular business hours. Copies of the complete public record file may be obtained during regular business hours at the commission's Records Management Center, Building E, First Floor, 12100 Park 35 Circle, Austin, Texas 78753; telephone numbers (800) 633-9363 or (512) 239-2920. Photocopying of file information is subject to payment of a fee. Handicapped parking is available on the east side of Building D, convenient to access ramps that are between Buildings D and E.

TRD-200203984

Paul C. Sarahan

Director, Litigation Division

Texas Natural Resource Conservation Commission

Filed: June 25, 2002

The Texas Natural Resource Conservation Commission (TNRCC or commission) staff is providing an opportunity for written public comment on the listed Default Orders (DOs). The TNRCC staff proposes a DO 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 EDPRP. Similar to the procedure followed with respect to Agreed Orders entered into by the executive director of TNRCC pursuant to Texas Water Code (TWC), §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 August 5, 2002 . The TNRCC will consider any written comments received and TNRCC may withdraw or withhold approval of a DO if a comment discloses facts or considerations that indicate a proposed DO is inappropriate, improper, inadequate, or inconsistent with the requirements of the statutes and rules within TNRCC's jurisdiction, or TNRCC's orders and permits issued pursuant to TNRCC's regulatory authority. Additional notice of changes to a proposed DO is not required to be published if those changes are made in response to written comments.

A copy of each proposed DO is available for public inspection at both 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. Comments about the DO should be sent to the attorney designated for the DO at 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 August 5, 2002 . Comments may also be sent by facsimile machine to the attorney at (512) 239-3434. The TNRCC attorneys are available to discuss the DOs and/or the comment procedure at the listed phone numbers; however, comments on the DOs should be submitted to the TNRCC in writing .

(1) COMPANY: Arsalita Investment, Inc., dba San Pedro Grocery; DOCKET NUMBER: 2001-0131-PST-E; TNRCC ID NUMBER: 10032; LOCATION: 2200 San Pedro Avenue, San Antonio, Bexar County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.48(c) and §334.10(b)(1)(B), by failing to maintain accurate inventory records demonstrating that effective manual or automatic inventory control was being conducted; 30 TAC §334.10(b)(1)(A), §334.49(e)(2)(B)(ii), and TWC, §26.3475, by failing to maintain corrosion protection records demonstrating that all tests and inspections required for the cathodic protection system have been performed; 30 TAC §334.72 and §334.74, by failing to report a suspected release to the Commission within 24 hours of its discovery and failing to investigate and confirm a suspected release within 30 days of its discovery; 30 TAC §334.21, by failing to pay underground storage tank (UST) fees; PENALTY: $9,375; STAFF ATTORNEY: James Biggins, Litigation Division, MC R-13, (210) 403-4017; REGIONAL OFFICE: San Antonio Regional Office, 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.

(2) COMPANY: Bennard Rowland dba Rowland Dusters; DOCKET NUMBER: 2000-0834-PST-E; TNRCC ID NUMBER: 15260; LOCATION: 13 miles west of U.S. Highway 77 on State Highway 186, Lasara, Willacy County, Texas; TYPE OF FACILITY: crop dusting with private refueling of gasoline; RULES VIOLATED: 30 TAC §334.6 and §334.55(a), by failing to notify the executive director of construction activities prior to initiating the permanent abandonment of USTs in place and having qualified personnel conduct the construction activities, and empty the USTs of residue or residual vapors prior to permanent removal from service; 30 TAC §334.55(e), by failing to conduct a site assessment to determine whether or not any prior releases of the stored regulated product had occurred; 30 TAC §334.10(b)(1)(A), by failing to develop and maintain all records required; 30 TAC §334.49(a) and TWC, §26.3475, by failing to equip the UST system with corrosion protection; 30 TAC §334.50(a)(1)(A) and TWC, §26.3475, by failing to provide a release detection method capable of detecting a release from any portion of the UST system; 30 TAC §334.51(b)(2) and TWC, §26.3475, by failing to equip the UST system with tight-fill fitting, spill containment, and overfill protection equipment; 30 TAC §334.93(a)(2) and §334.93(b)(1), by failing to demonstrate financial responsibility for taking corrective action and compensating third parties for bodily injury and property damage caused by accidental releases and compensating third parties for bodily injury and property damage caused by accidental releases arising from the operation; PENALTY: $12,000; STAFF ATTORNEY: Troy Nelson, Litigation Division, MC R-5, (903) 525-0380; REGIONAL OFFICE: Harlingen Regional Office, 1804 West Jefferson Avenue, Harlingen, Texas 78550-5247, (956) 425-6010.

(3) COMPANY: Chad Houck dba Rafter H Cattle Company; DOCKET NUMBER: 2001-0454-MWD-E; TNRCC ID NUMBER: none; LOCATION: at the intersection of U.S. Highway 287 and Spur 510, Henrietta, Clay County, Texas; TYPE OF FACILITY: livestock trailer cleaning facility; RULES VIOLATED: 30 TAC §321.254, by failing to obtain authorization to remove, contain, treat, and dispose of waste from commercial livestock trailers; TWC, §26.121, by allowing the discharge of waste and wastewater onto the ground in an impoundment without authorization; PENALTY: $7,000; STAFF ATTORNEY: Robert Hernandez, Litigation Division, MC 175, (210) 403-4016; REGIONAL OFFICE: Abilene Regional Office, 1977 Industrial Boulevard, Abilene, Texas 79602-7833, (915) 698-9674.

(4) COMPANY: Mr. John Randall Hunt aka Randy Jo Hunt dba Hunt Utility Company; DOCKET NUMBER: 1999-1390-OSS-E; TNRCC ID NUMBER: OS2936; LOCATION: intersection of Highway 190 and Counts Road, Precinct 4, Point Blank, San Jacinto County, Texas; TYPE OF FACILITY: on-site sewage; RULES VIOLATED: 30 TAC §285.50(c) and Texas Health and Safety Code (THSC), §366.071, by entering into an agreement and accepting compensation to perform services, construct, and install an aerobic on-site sewage facility (OSSF) without being an OSSF Installer II, and by expressly representing himself as an Installer II to a designated representative for San Jacinto County and to the TNRCC; PENALTY: $688; STAFF ATTORNEY: Robin Chapman, Litigation Division, MC 175, (512) 239-0497; REGIONAL OFFICE: Beaumont Regional Office, 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.

(5) COMPANY: Mahmood Jaffer Ali dba JR's Grocery; DOCKET NUMBER: 2001-0954-PST-E; TNRCC ID NUMBER: 0016165; LOCATION: 4627 Highway 146, Baytown, Harris County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §115.246(7) and THSC, §382.085(b), by failing to maintain records on-site, including results of testing and daily inspections; 30 TAC §115.242(3)(A) and THSC, §382.085(b), by failing to maintain the Stage II vapor recovery system in proper operating condition as specified by the California Air Resources Board Executive Order, including the absence or disconnection of any component that is part of the approved system; 30 TAC §115.242(3)(B) and THSC, §382.085(b), by failing to maintain a hose in a manner that is not crimped, kinked, or flattened enough to affect flow of vapor; 30 TAC §115.242(3)(C) and THSC, §382.085(b), by failing to maintain the Stage II vapor recovery system free of defects; 30 TAC §334.50(b)(1)(A), by failing to monitor USTs for releases at a frequency of at least once every month; 30 TAC §334.50(b)(2)(A)(i)(III) and TWC, §26.3475(a), by failing to test a line leak detector at least once per year for performance and operational reliability; 30 TAC §334.50(b)(2)(A)(ii) and TWC, §26.3475(a), by failing to monitor pressurized piping in a manner which will detect a release from any portion of the piping system; 30 TAC §334.48(c), by failing to conduct effective manual or automatic inventory control procedures for all UST systems; PENALTY: $14,375; STAFF ATTORNEY: Robin Chapman, Litigation Division, MC 175, (512) 239-0497; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(6) COMPANY: Mike Barnett dba Mike's Lawn Care; DOCKET NUMBER: 2001-1330-AIR-E; TNRCC ID NUMBER: HQ-0124-H; LOCATION: north of Highway 3210, Granbury, Hood County, Texas; TYPE OF FACILITY: lawn care service; RULES VIOLATED: 30 TAC §111.201 and §330.5(a) and THSC, §382.085(b), by failing to abide by the general outdoor burning and disposal prohibitions by burning and improperly disposing of business waste including tree limbs and grass; PENALTY: $1,250; STAFF ATTORNEY: Lisa Lemanczyk, Litigation Division, MC 175, (512) 239-5915; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2301 Gravel Drive, Forth Worth, Texas 76118-6951, (817) 588-5800.

(7) COMPANY: Mitchell and Alvin Kidd dba Old West Mobile Home Park; DOCKET NUMBER: 2001-1193-PWS-E; TNRCC ID NUMBER: 1910045; LOCATION: 7801 McCormick Road, Amarillo, Randall County, Texas; TYPE OF FACILITY: public water system; RULES VIOLATED: 30 TAC §290.109(c)(2) and THSC, §341.033(d), by failing to conduct and submit routine monthly bacteriological samples; 30 TAC §290.109(g), by failing to notify the public using described procedures for microbial contamination; 30 TAC §290.46(e)(1), by failing to ensure that the facility is operated under the direct supervision of a certified water works operator at all times; 30 TAC §290.118(b) and (g), by exceeding the maximum secondary constituent level of 2.0 milligrams per liter for fluoride in the water and by failing to notify the customers on an annual basis and in writing of the fluoride concentration of the water; 30 TAC §290.46(t), by failing to post a legible system ownership sign at each production, treatment, and storage facility in plain view of the public which includes the name of the water supply and emergency telephone number where a responsible official can be contacted; 30 TAC §290.41(c)(3), by failing to submit to the TNRCC well completion data for review and approval prior to being placed into service; 30 TAC §290.41(c)(3)(N), by failing to install a flow meter on the well pump discharge line in order to assist in the production of water usage records and to assist in more efficient system operation; 30 TAC §290.41(c)(1)(A), by failing to locate ground water sources so there will be no danger of pollution from unsanitary surroundings; 30 TAC §290.46(f)(1) and (2), by failing to maintain reports regarding the chemical and microbiological quality of the water supply, by failing to maintain water system operating records, and failing to make these reports readily available for review during inspection; PENALTY: $9,600; STAFF ATTORNEY: Shannon Strong, Litigation Division, MC 175, (512) 239-6201; REGIONAL OFFICE: Amarillo Regional Office, 3918 Canyon Drive, Amarillo, Texas 79109-4933, (806) 353-9251.

(8) COMPANY: Raul Dominguez dba Rado Import/Export Company; DOCKET NUMBER: 2000-1262-AIR-E; TNRCC ID NUMBER: CD-3060-J; LOCATION: Farm-to-Market Road 509 and U. S. Highway 281, Los Indios, Cameron County, Texas; TYPE OF FACILITY: grain transfer station; RULES VIOLATED: 30 TAC §116.110(a) and THSC, §382.0518(a) and §382.085(b), by failing to obtain a permit or to satisfy the conditions of an exempt facility before any actual work began; PENALTY: $2,500; STAFF ATTORNEY: Robert Hernandez, Litigation Division, MC 175, (210) 403-4016; REGIONAL OFFICE: Harlingen Regional Office, 1804 West Jefferson Avenue, Harlingen, Texas 78550-5247, (956) 425-6010.

(9) COMPANY: Touche International, Inc.; DOCKET NUMBER: 2000-1311-MSW-E; TNRCC ID NUMBERS: 79557 and 27079; LOCATION: seven miles north of Whitesboro on Bristor Road, Grayson County, Texas; TYPE OF FACILITY: scrap tire storage; RULES VIOLATED: 30 TAC §328.63(b)(1), by failing to obtain a scrap tire storage site registration for storing more than the allowed number of scrap tires on the ground; 30 TAC §328.63(d)(3), by failing to provide a fire protection system; 30 TAC §328.63(d)(2), by failing to provide adequate vector controls to control the growth of mosquitoes and larvae in tires; 30 TAC §328.58(b) and (c), by failing to properly manifest three shipments of scrap tires; 30 TAC §328.54(d), by failing to post identification having the name and place of business of the transporter and the commission registration number on the sides and rear of a vehicle and the rear of a trailer used to transport scrap tires; PENALTY: $11,600; STAFF ATTORNEY: Darren Ream, Litigation Division, MC R-4, (817) 588-5878; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2301 Gravel Drive, Forth Worth, Texas 76118-6951, (817) 588-5800.

(10) COMPANY: Troy Valderrama dba Done Right Landscaping; DOCKET NUMBERS: 2001-0672-IRR-E and 2001-0673-IRR-E; TNRCC ID NUMBER: none; LOCATION: 12022 Valley Quail Drive, El Paso, El Paso County, Texas; TYPE OF FACILITY: landscaping; RULES VIOLATED: 30 TAC §344.58 and TWC, §34.007(a), by failing to obtain a TNRCC irrigation license; PENALTY: $1,250; STAFF ATTORNEY: Shannon Strong, Litigation Division, MC 175, (512) 239-6201; REGIONAL OFFICE: El Paso Regional Office, 401 E. Franklin Avenue, Suite 560, El Paso, Texas 79901-1206, (915) 834-4949.

(11) COMPANY: Zana Realty Investments, Inc., dba C & B One Stops, dba Cantu's Texaco, dba Courtesy Mart, and dba J & C Mobil; DOCKET NUMBER: 2001-0945-PST-E; TNRCC ID NUMBERS: 19981, 55731, 17142, and 14941; LOCATIONS: 910 West Wheeler, Aransas Pass, San Patricio County, Texas; 1056 South Commercial Street, Aransas Pass, San Patricio County, Texas; 3815 Old Spanish Trail, Houston, Harris County, Texas; 502 FM 1092, Stafford, Fort Bend County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.48(c), by failing to conduct appropriate inventory control procedures; 30 TAC §334.49(c), and TWC, §26.3475, by failing to inspect and test the corrosion protection system for operability and adequacy of protection once every three years and by failing to conduct, on the impressed current corrosion protection systems, rectifier checks once every 60 days; 30 TAC §334.50(b)(1)(A) and TWC, §26.3475, by failing to monitor USTs for releases at a frequency of at least once a month; 30 TAC §37.815(a) and (b), by failing to demonstrate the required financial responsibility for taking corrective action and for compensating third parties for bodily injury and property damage caused by accidental releases arising from the operation of petroleum USTs; 30 TAC §334.48(c), by failing to conduct appropriate inventory control procedures; 30 TAC §334.49(c) and TWC, §26.3475, by failing to conduct, on its impressed current corrosion protection system, rectifier checks once every sixty days; 30 TAC §334.50(b)(1)(A), and TWC, §26.3475, by failing to monitor USTs for releases at a frequency of at least once a month; 30 TAC §334.51(b)(2)(c), and TWC, §26.3475, by failing to provide overfill prevention equipment for the USTs; 30 TAC §37.815(a) and (b), by failing to demonstrate the required financial responsibility for taking corrective action and for compensating third parties for bodily injury and property damage caused by accidental releases; and 30 TAC §334.21 by failing to pay outstanding UST fees; PENALTY: $66,000; STAFF ATTORNEY: Alfred Okpohworho, Litigation Division, MC R-12, (713) 422-8918; REGIONAL OFFICE: Corpus Christi Regional Office, 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5503, (361) 825-3100.

TRD-200203994

Paul C. Sarahan

Director, Litigation Division

Texas Natural Resource Conservation Commission

Filed: June 25, 2002

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 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 August 5, 2002 . 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 proposed AO is available for public inspection at both 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 an AO 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 August 5, 2002 . 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: Adobe Fuels, L.L.C.; DOCKET NUMBER: 2001-1582-PST-E; IDENTIFIER: Enforcement Identification Number 17123; LOCATION: Mathis, San Patricio County, Texas; TYPE OF FACILITY: fuel distributor; RULE VIOLATED: 30 TAC §334.50(b)(1)(A), by failing to ensure that the owner or operator had a valid, current delivery certificate; PENALTY: $400; ENFORCEMENT COORDINATOR: John Schildwachter, (512) 239-2355; REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5503, (361) 825-3100.

(2) COMPANY: Air Products, L.P.; DOCKET NUMBER: 2002-0218-AIR-E; IDENTIFIER: Air Account Number HG-0011-L; LOCATION: Pasadena, Harris County, Texas; TYPE OF FACILITY: chemical manufacturing; RULE VIOLATED: 30 TAC §116.115(c), Air Permit Number 105, 40 Code of Federal Regulations §63.168(b)(1), and THSC, §382.085(b), by failing to properly calibrate fugitive air monitoring equipment; PENALTY: $1,800; ENFORCEMENT COORDINATOR: Rebecca Johnson, (713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(3) COMPANY: Alamoco, Incorporated; DOCKET NUMBER: 2001-1414-PST-E; IDENTIFIER: Petroleum Storage Tank (PST) Facility Identification Number 0010710; LOCATION: Irving, Dallas County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.8(c)(5)(A)(i) and (ii), and the Code, §26.3465 and §26.3467(a), by accepting two deliveries of regulated substances into the underground storage tanks (USTs); 30 TAC §115.254(6) and THSC, §382.085(b), by failing to submit the results of all tests; 30 TAC §115.246(1) and THSC, §382.085(b), by failing to maintain a copy of the California Air Resource Board (CARB) Executive Order for the Stage II vapor recovery system (VRS); 30 TAC §115.244(1) and THSC, §382.085(b), by failing to conduct daily inspections for the Stage II VRS; and 30 TAC §115.245(1)(B) and (2), and THSC, §382.085(b), by failing to conduct the annual volume-to-liquid ratio test for bootless nozzle assist systems and conduct the annual pressure decay test; PENALTY: $3,240; ENFORCEMENT COORDINATOR: Jorge Ibarra, (817) 588-5800; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(4) COMPANY: Alliance Riggers and Constructors, Ltd.; DOCKET NUMBER: 2002-0096-AIR-E; IDENTIFIER: Air Account Number EE-2011-B; LOCATION: El Paso, El Paso County, Texas; TYPE OF FACILITY: steel erection and crane service; RULE VIOLATED: 30 TAC §115.252(2) and THSC, §382.085(b), by allegedly having allowed the transfer of gasoline into its storage tank with a reid vapor pressure greater than seven pounds per square inch; PENALTY: $1,250; ENFORCEMENT COORDINATOR: Suzanne Walrath, (512) 239-2134; REGIONAL OFFICE: 401 East Franklin Avenue, Suite 560, El Paso, Texas 79901-1206, (915) 834-4949.

(5) COMPANY: Andrews Transport, Inc.; DOCKET NUMBER: 2002-0317-PST-E; IDENTIFIER: Enforcement Identification Number 17680; LOCATION: Port Arthur, Jefferson County, Texas; TYPE OF FACILITY: fuel distribution; RULE VIOLATED: 30 TAC §334.5(b)(1)(A), by failing to ensure that the owner or operator had a valid, current delivery certificate; PENALTY: $480; ENFORCEMENT COORDINATOR: Laura Clark, (409) 898-3838; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.

(6) COMPANY: APAC-Texas, Inc.; DOCKET NUMBER: 2002-0037-AIR-E; IDENTIFIER: Air Account Number 92-1511-R; LOCATION: near Union Hill, Fannin County, Texas; TYPE OF FACILITY: portable asphalt plant; RULE VIOLATED: 30 TAC §116.115(b)(2) and (c), Air Permit Number 29562, and THSC, §382.085(b), by failing to construct and operate the plant approximately 500 feet away from the nearest receptor and mark the stationary equipment with air account identification numbers; and 30 TAC §334.128(a), by failing to pay above ground storage tank registration annual late fees; PENALTY: $2,400; ENFORCEMENT COORDINATOR: Wendy Cooper, (817) 588-5800; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(7) COMPANY: Dennis Ashley dba Ashley Plumbing Company; DOCKET NUMBER: 2002-0211-PST-E; IDENTIFIER: PST Facility Identification Number 0034592; LOCATION: San Antonio, Bexar County, Texas; TYPE OF FACILITY: plumbing company; RULE VIOLATED: 30 TAC §334.8(c)(4)(B) and (5)(A)(i), and the Code, §26.346(a) and §26.3467(a), by failing to submit a UST registration and self-certification form and make available to a common carrier a valid, current delivery certificate; PENALTY: $1,200; ENFORCEMENT COORDINATOR: Tom Jecha, (512) 239-2576; REGIONAL OFFICE: 14250 Judson Road, San Antonio Texas 78233-4480, (210) 490-3096.

(8) COMPANY: Atlas Roofing Corporation; DOCKET NUMBER: 2002-0134-AIR-E; IDENTIFIER: Air Account Number AC-0055-Q; LOCATION: Diboll, Angelina County, Texas; TYPE OF FACILITY: rigid foam insulation board manufacturing; RULE VIOLATED: 30 TAC §122.143(4) and §122.146(2), and THSC, §382.085(b), by failing to submit the annual certificate of compliance for Permit Number O-01784; PENALTY: $1,500; ENFORCEMENT COORDINATOR: Laura Clark, (409) 898-3838; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.

(9) COMPANY: BASF Fina Petrochemicals Limited Partnership; DOCKET NUMBER: 2002-0029-AIR-E; IDENTIFIER: Air Account Number JE-0843-F; LOCATION: Port Arthur, Jefferson County, Texas; TYPE OF FACILITY: commodity chemicals manufacturing; RULE VIOLATED: 30 TAC §101.5 and THSC, §382.085(b), by failing to prevent the discharge of such quantities of uncombined water as to create a traffic hazard and interfere with normal road use and prevent the unauthorized emissions during an upset; PENALTY: $10,000; ENFORCEMENT COORDINATOR: Laura Clark, (409) 898-3838; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.

(10) COMPANY: CX Transportation, A Division of TIC United Corp.; DOCKET NUMBER: 2002-0391-PST-E; IDENTIFIER: Enforcement Identification Number 16961; LOCATION: Abilene, Taylor County, Texas; TYPE OF FACILITY: fuel distributor; RULE VIOLATED: 30 TAC §334.5(b)(1)(A), by failing to ensure that the owner or operator had a valid, current delivery certificate; PENALTY: $0; ENFORCEMENT COORDINATOR: Kimberly McGuire, (512) 239-4761; REGIONAL OFFICE: 1977 Industrial Boulevard, Abilene, Texas 79602-7833, (915) 698-9674.

(11) COMPANY: City Stop, Incorporated dba City Stop #21; DOCKET NUMBER: 2002-0038-PST-E; IDENTIFIER: PST Facility Identification Number 0015839; LOCATION: Brownsville, Cameron County, Texas; TYPE OF FACILITY: gasoline service station; RULE VIOLATED: 30 TAC §334.8(c)(5)(A)(i) and the Code, §26.3467(a), by failing to make available to a common carrier a valid, current delivery certificate; 30 TAC §334.48(c), by failing to conduct effective manual or automatic inventory control procedures; and 30 TAC §334.50(b)(1)(A) and (2)(A), and the Code, §26.3475(a) and (c)(1), by failing to monitor USTs for releases and monitor the pressurized piping in a UST system; PENALTY: $33,408; ENFORCEMENT COORDINATOR: Jaime Garza, (956) 425-6010; REGIONAL OFFICE: 1804 West Jefferson Avenue, Harlingen, Texas 78550-5247, (956) 425-6010.

(12) COMPANY: City of Dalhart; DOCKET NUMBER: 2001-0074-MWD-E; IDENTIFIER: Water Quality Permit Number 10099-001, National Pollutant Discharge Elimination System (NPDES) Permit Number TX005707, and Texas Pollutant Discharge Elimination System (TPDES) Permit Number 10099-001; LOCATION: near Dalhart, Hartley County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1) and (5), §319.11(b), Water Quality Permit Number 10099-001, NPDES Permit Number TX0057207, and the Code, §26.121, by failing to maintain an accurate flow measuring/recording device, conduct analytical testing, abide by permit requirements regarding effluent limits on single grab samples for five-day biochemical oxygen demand and total suspended solids, failing to, at all times, ensure that the facility is properly operated by maintaining adequate dissolved oxygen levels, the chlorine contact chamber, and the sludge drying beds; PENALTY: $24,000; ENFORCEMENT COORDINATOR: Ronnie Kramer, (806) 353-9251; REGIONAL OFFICE: 3918 Canyon Drive, Amarillo, Texas 79109-4933, (806) 353-9251.

(13) COMPANY: Derrick Oil & Supply Co., Inc.; DOCKET NUMBER: 2002-0314-PST-E; IDENTIFIER: Enforcement Identification Number 17682; LOCATION: Port Arthur, Jefferson County, Texas; TYPE OF FACILITY: fuel distributor; RULE VIOLATED: 30 TAC §334.5(b)(1)(A), by failing to ensure that the owner or operator has a valid, current delivery certificate; PENALTY: $2,000; ENFORCEMENT COORDINATOR: Susan Kelly, (409) 898-3838; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.

(14) COMPANY: Dynacast Mfg. Inc.; DOCKET NUMBER: 2002-0168-AIR-E; IDENTIFIER: Air Account Number CS-0037-U and Air Permit Number 9863; LOCATION: New Braunfels, Comal County, Texas; TYPE OF FACILITY: aluminum die casting; RULE VIOLATED: 30 TAC §116.110(a), §116.311(d), and THSC, §382.055(h) and §382.085(b), by allowing unauthorized emissions of air pollutants; 30 TAC §116.115(c), Air Permit Number 9863, and the Code, §382.085(b), by failing to limit plant operations to five days per week and report changes to the plant's emission point sources; PENALTY: $17,500; ENFORCEMENT COORDINATOR: Malcolm Ferris, (210) 490-3096; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.

(15) COMPANY: E-Z Shop Cupples, Inc.; DOCKET NUMBER: 2001-1576-PST-E; IDENTIFIER: PST Facility Identification Number 0031959 and Owner Identification Number 56612; LOCATION: San Antonio, Bexar County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.10(b)(2)(B)(v), by failing to have corrosion protection records available; 30 TAC §334.48(c), by failing to conduct inventory control for all USTs; 30 TAC §334.50(b)(2)(A)(i)(III) and (d)(1)(B)(ii) and the Code, §26.3475, by failing to perform release detection for product piping, perform annual performance tests on line leak detectors, and reconcile inventory control records; PENALTY: $600; ENFORCEMENT COORDINATOR: Craig Fleming, (512) 239-5806; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.

(16) COMPANY: Earl Scheib of Texas, Inc. dba Earl Scheib Paint and Body No. 177; DOCKET NUMBER: 2001-0322-IHW-E; IDENTIFIER: Solid Waste Registration Number 66885; LOCATION: San Antonio, Bexar County, Texas; TYPE OF FACILITY: automobile paint and body shop; RULE VIOLATED: 30 TAC §335.4, by allowing the unauthorized discharge of waste that created hazardous levels of lead at the facility; PENALTY: $1,250; ENFORCEMENT COORDINATOR: Rebecca Clausewitz, (210) 490-3096; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.

(17) COMPANY: FM All-In-One Convenience Stores Inc. dba All-In-One; DOCKET NUMBER: 2002-0040-PST-E; IDENTIFIER: PST Facility Identification Number 0011104; LOCATION: Flower Mound, Denton County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §115.242(9) and THSC, §382.085(b), by failing to post operating instructions conspicuously on the front of each dispenser; 30 TAC §115.246(1), (6), and (7)(A), and THSC, §382.085(b), by failing to maintain a copy of the CARB executive order for the Stage II VRS, maintain a record of Stage II daily inspections, and maintain a record of maintenance conducted on any part of the Stage II equipment; 30 TAC §115.248(1) and THSC, §382.085(b), by failing to ensure that at least one station representative receive training and instruction in the operation and maintenance of the Stage II VRS; 30 TAC §334.8(c)(4)(B) and (5)(A)(i), and the Code, §26.346(a) and §26.3467(a), by failing to ensure that the UST registration and self-certification form is fully and accurately completed and submitted and have a current, valid delivery certificate; 30 TAC §334.50(d)(1)(B)(ii) and (iii)(I), by failing to conduct reconciliation of detailed inventory control records and record inventory volume measurements for regulated substance inputs, withdrawals, and the amount still remaining in the tank; PENALTY: $5,200; ENFORCEMENT COORDINATOR: Judy Fox, (817) 588-5800; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(18) COMPANY: Fuller Oil Company, Inc.; DOCKET NUMBER: 2002-0051-PST-E; IDENTIFIER: Enforcement Identification Number 17450; LOCATION: Fannett, Jefferson County, Texas; TYPE OF FACILITY: fuel distributor; RULE VIOLATED: 30 TAC §334.5(b)(1)(A), by failing to ensure that the owner or operator has a valid, current delivery certificate; PENALTY: $8,800; ENFORCEMENT COORDINATOR: Laura Clark, (409) 898-3838; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.

(19) COMPANY: Hector Jesus Escobar dba Horizon Truck Wash; DOCKET NUMBER: 2001-1459-IWD-E; IDENTIFIER: Water Quality Permit Number 03033; LOCATION: El Paso, El Paso County, Texas; TYPE OF FACILITY: truck wash; RULE VIOLATED: 30 TAC §305.125(1) and (5) and Water Quality Permit Number 03033, by failing to implement irrigation practices, maintain a perennial crop of bermuda grass or similar vegetation over the irrigation area; and provide adequate maintenance of the treatment and irrigation facilities; PENALTY: $1,875; ENFORCEMENT COORDINATOR: Terry McMillan, (915) 834-4949; REGIONAL OFFICE: 401 East Franklin Avenue, Suite 560, El Paso, Texas 79901-1206, (915) 834-4949.

(20) COMPANY: John Paul Jones Oil Co., Inc.; DOCKET NUMBER: 2002-0125-PST-E; IDENTIFIER: Enforcement Identification Number 17120; LOCATION: Gonzales, Gonzales County, Texas; TYPE OF FACILITY: fuel distributor; RULE VIOLATED: 30 TAC §334.5(b)(1)(A), by failing to ensure that the owner or operator had a valid, current delivery certificate; PENALTY: $400; ENFORCEMENT COORDINATOR: Subhash Jain, (512) 239-5867; REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5503, (361) 825-3100.

(21) COMPANY: K & K Construction, Inc.; DOCKET NUMBER: 2002-0261-AIR-E; IDENTIFIER: Air Account Number MQ-0591-P; LOCATION: Conroe, Montgomery County, Texas; TYPE OF FACILITY: construction company with land clearing operations; RULE VIOLATED: 30 TAC §111.201 and THSC, §382.085(b), by failing to follow outdoor burning rules; PENALTY: $1,250; ENFORCEMENT COORDINATOR: Trina Grieco, (713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(22) COMPANY: Kapalua Fuel & Marine Services, Inc.; DOCKET NUMBER: 2002-0136-PST-E; IDENTIFIER: Enforcement Identification Number 17121; LOCATION: Corpus Christi, Nueces County, Texas; TYPE OF FACILITY: fuel distributor; RULE VIOLATED: 30 TAC §334.5(b)(1)(A), by failing to ensure that the owner or operator had a valid, current delivery certificate; PENALTY: $400; ENFORCEMENT COORDINATOR: Subhash Jain, (512) 239-5867; REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5503, (361) 825-3100.

(23) COMPANY: Kayeo, Inc. dba Texaco at Parker & Jupiter; DOCKET NUMBER: 2002-0036-PST-E; IDENTIFIER: PST Facility Identification Number 0072097; LOCATION: Plano, Collin County, Texas; TYPE OF FACILITY: gasoline retail station; RULE VIOLATED: 30 TAC §334.8(c)(4)(B) and (5)(A)(i), and the Code, §26.346(a) and §26.3467(a), by failing to ensure that the UST registration and self-certification form is fully and accurately completed and failure to have a current, valid delivery certificate; PENALTY: $400; ENFORCEMENT COORDINATOR: Alayne Furguson, (817) 588-5800; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(24) COMPANY: King Fuels, Inc.; DOCKET NUMBER: 2002-0256-PST-E; IDENTIFIER: Enforcement Identification Number 17612; LOCATION: Porter, Montgomery County, Texas; TYPE OF FACILITY: fuel distributor; RULE VIOLATED: 30 TAC §334.5(b)(1)(A), by failing to ensure that the owner or operator had a valid, current delivery certificate; PENALTY: $2,800; ENFORCEMENT COORDINATOR: Trina Grieco, (713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(25) COMPANY: Kingwood Fuels Transport, Inc.; DOCKET NUMBER: 2002-0190-PST-E; IDENTIFIER: Enforcement Identification Number 17433; LOCATION: Alvin, Brazoria County, Texas; TYPE OF FACILITY: fuel distributor; RULE VIOLATED: 30 TAC §334.5(b)(1)(A), by failing to ensure that the owner or operator had a valid, current delivery certificate; PENALTY: $4,800; ENFORCEMENT COORDINATOR: Trina Grieco, (713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(26) COMPANY: Lake Ridge Properties, Inc.; DOCKET NUMBER: 2002-0150-PWS-E; IDENTIFIER: Public Water Supply (PWS) Number 2330029 and Certificate of Convenience and Necessity Number 11113; LOCATION: Del Rio, Val Verde County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.109(c)(2) and (g), §290.122(c), (formerly 30 TAC §290.106(a) and (e), and §290.103(5)), and THSC, §341.033(d), by failing to collect and submit routine monthly bacteriological samples and provide public notice of the sampling deficiencies; and 30 TAC §290.51(a)(3), by failing to pay outstanding public health service fees; PENALTY: $1,250; ENFORCEMENT COORDINATOR: Michelle Harris, (512) 239-0492; REGIONAL OFFICE: 1403 Seymour, Suite 2, Laredo, Texas 78040-8752, (956) 791-6611.

(27) COMPANY: Frank Flores dba Lull's Public Scales and Scales Drive In; DOCKET NUMBER: 2002-0084-AIR-E; IDENTIFIER: Air Account Number HN-0454-Q; LOCATION: Edinburg, Hidalgo County, Texas; TYPE OF FACILITY: fixed facilities and inspection and weighing services; RULE VIOLATED: 30 TAC §101.4 and THSC, §382.085(a) and (b), by failing to prevent a discharge from any source; PENALTY: $1,250; ENFORCEMENT COORDINATOR: Sandra Hernandez, (956) 425-6010; REGIONAL OFFICE: 1804 West Jefferson Avenue, Harlingen, Texas 78550-5247, (956) 425-6010.

(28) COMPANY: Linda Gonzalez dba Manny's Grocery; DOCKET NUMBER: 2001-1536-PST-E; IDENTIFIER: PST Facility Identification Number 0028923; LOCATION: Eldorado, Schleicher County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.8(c)(4)(A)(vi)(I) and (B), and (5)(A)(i), and the Code, §26.346(a) and §26.3467(a), by failing to submit the UST registration and self-certification form and make available a valid, current delivery certificate; 30 TAC §334.49(c)(2)(C), by failing to check the rectifier once every 60 days for impressed current systems; and 30 TAC §334.50(b)(2)(A)(i)(III) and (d)(1)(B)(ii) and (iii)(I), and the Code, §26.3475, by failing to perform annual performance test on the line leak detector, reconcile inventory control records, and conduct inventory volume measurements for regulated substance inputs; PENALTY: $23,125; ENFORCEMENT COORDINATOR: Mark Newman, (915) 655-9479; REGIONAL OFFICE: 622 South Oakes, Suite K, San Angelo, Texas 76903-7013, (915) 655-9479.

(29) COMPANY: Manti Operating Company; DOCKET NUMBER: 2002-0545-AIR-E; IDENTIFIER: Air Account Number PE-0020-B; LOCATION: Fort Stockton, Pecos County, Texas; TYPE OF FACILITY: natural gas treatment and compression plant; RULE VIOLATED: 30 TAC §122.146(2) and THSC, §382.085(b), by failing to submit a Title V compliance certification; PENALTY: $1,500; ENFORCEMENT COORDINATOR: Dan Landenberger, (915) 570-1359; REGIONAL OFFICE: 3300 North A Street, Building 4, Suite 107, Midland, Texas 79705-5404, (915) 570-1359.

(30) COMPANY: Nimra Food Mart, Inc.; DOCKET NUMBER: 2002-0013-PST-E; IDENTIFIER: PST Facility Identification Number 0028955; LOCATION: San Antonio, Bexar County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.48(c), by failing to conduct effective manual or automatic inventory control; 30 TAC §334.50(a)(1)(A), (b)(2)(A)(ii), (d)(1)(B) and (4), and the Code, §26.3475, by failing to provide a method of release detection and monitor the UST piping for releases; and 30 TAC §334.7(e)(2), by failing to fill out the UST registration form accurately; PENALTY: $4,080; ENFORCEMENT COORDINATOR: Rebecca Clausewitz, (210) 490-3096; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.

(31) COMPANY: Nolan Oil Company, Inc.; DOCKET NUMBER: 2002-0241-PST-E; IDENTIFIER: Enforcement Identification Number 17551; LOCATION: Vidor, Orange County, Texas; TYPE OF FACILITY: fuel distributor; RULE VIOLATED: 30 TAC §334.5(b)(1)(A), by failing to ensure that the owner or operator had a valid, current delivery certificate; PENALTY: $5,600; ENFORCEMENT COORDINATOR: Susan Kelly, (409) 898-3838; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.

(32) COMPANY: North Texas Trench Burn, Incorporated; DOCKET NUMBER: 2001-1240-AIR-E; IDENTIFIER: Air Account Number 92-2395-L; LOCATION: Grand Prairie, Tarrant County, Texas; TYPE OF FACILITY: portable air curtain trench burner; RULE VIOLATED: 30 TAC §106.496(3), (4), (10), and (13), §116.110(a), and THSC, §382.085(b), by failing to meet the required dimensions and maintain the walls of the trench, limit trench burner operation to eight hours per day or less, stack material below the air curtain, and post operating instructions at the site; PENALTY: $600; ENFORCEMENT COORDINATOR: Jorge Ibarra, (817) 588-5800; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(33) COMPANY: Pacific Fuel Distributors, L.L.C. dba Martinez Mini Mart; DOCKET NUMBER: 2002-0042-PST-E; IDENTIFIER: PST Facility Identification Number 0065615; LOCATION: Fort Worth, Tarrant County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §37.815(a) and (b), by failing to demonstrate financial assurance; 30 TAC §334.50(b)(1)(A), (2)(A)(i)(III) and (ii), and (d)(1)(B)(ii) and (iii)(I), and the Code, §26.3475, by failing to have a release detection method capable of detecting a release, perform annual performance test on the line leak detector, perform tightness test for pressurized, suction, and/or gravity piping, reconcile inventory control records on a monthly basis, and conduct inventory volume measurements; 30 TAC §334.49(a) and the Code, §26.3475, by failing to ensure that a method of correction protection is in place; 30 TAC §334.8(c)(4)(B) and the Code, §26.346(a), by failing to ensure that the UST registration and self-certification form is fully and accurately completed; and 30 TAC §334.51(b)(2)(C) and the Code, §26.3475, by failing to install overfill prevention equipment; PENALTY: $7,600; ENFORCEMENT COORDINATOR: Judy Fox, (817) 588-5800; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(34) COMPANY: City of Prairie View; DOCKET NUMBER: 2001-0152-PWS-E; IDENTIFIER: PWS Number 2370029; LOCATION: Prairie View, Waller County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.120(e)(2) (now 30 TAC §290.117(e)), by failing to conduct reduced monitoring tap sampling for lead and copper analysis; PENALTY: $313; ENFORCEMENT COORDINATOR: Brian Lehmkuhle, (512) 239-4482; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(35) COMPANY: Pumpelly Oil, Inc.; DOCKET NUMBER: 2002-0242-MSW-E; IDENTIFIER: Used Oil Registration Number A85722; LOCATION: Bridge City, Orange County, Texas; TYPE OF FACILITY: transporter of used oil and used oil filters; RULE VIOLATED: 30 TAC §§324.4(2)(C)(i), 324.11(2), and 328.24(a), and THSC, §371.104, by failing to register prior to transporting used oil and used oil filters; PENALTY: $3,200; ENFORCEMENT COORDINATOR: Susan Kelly, (409) 898-3838; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.

(36) COMPANY: Republic Waste Services of Texas, Ltd. dba Arlington Disposal; DOCKET NUMBER: 2002-0392-PST-E; IDENTIFIER: PST Facility Identification Number 810; LOCATION: Arlington, Tarrant County, Texas; TYPE OF FACILITY: refuse collection and disposal; RULE VIOLATED: 30 TAC §334.8(c)(4)(B) and the Code, §26.346(a), by failing to fully and accurately complete and submit a UST registration and self-certification form; PENALTY: $600; ENFORCEMENT COORDINATOR: Kimberly McGuire, (512) 239-4761; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(37) COMPANY: Save One Stop, Inc.; DOCKET NUMBER: 2001-1572-PST-E; IDENTIFIER: PST Facility Identification Number 0030579; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC 334.10(b)(1)(B) and §334.49(3), by failing to maintain corrosion protection and inventory control records on-site and available for review; PENALTY: $800; ENFORCEMENT COORDINATOR: Steven Lopez, (512) 239-1896; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(38) COMPANY: City of Seadrift; DOCKET NUMBER: 2001-0832-MWD-E; IDENTIFIER: TPDES Permit Number 10822-001; LOCATION: Seadrift, Calhoun County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1) and (5), TPDES Permit Number 10822-001, and the Code, §26.121, by failing to prevent two unauthorized discharges, maintain adequate plant operations and maintenance, operate the facility to maintain compliance with the permit limits, prevent the discharge of floating solids; and comply with specific sampling procedures; PENALTY: $5,625; ENFORCEMENT COORDINATOR: Carol McGrath, (361) 825-3100; REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5503, (361) 825-3100.

(39) COMPANY: Small Business Loan Source, Inc.; DOCKET NUMBER: 2002-0341-PST-E; IDENTIFIER: PST Facility Identification Number 0065420; LOCATION: Gonzales, Gonzales County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §37.815(a) and (b), by failing to demonstrate the required financial responsibility; 30 TAC §334.7(d)(1)(B), by failing to provide written notice of change in operational status of each tank system; 30 TAC §334.50(b)(1)(A) and the Code, §26.3475, by failing to monitor USTs for releases; and 30 TAC §334.54(b)(2), by failing to assure that, with the exception of vent lines, all piping, pumps, manways and ancillary equipment shall be capped, plugged, locked and/or otherwise secured; PENALTY: $4,400; ENFORCEMENT COORDINATOR: Sarah Slocum, (512) 239-6589; REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5503, (361) 825-3100.

(40) COMPANY: TEMA Oil & Gas Company; DOCKET NUMBER: 2002-0171-AIR-E; IDENTIFIER: Air Account Numbers LH-0259-W and GB-0540-F; LOCATION: Friendswood, Galveston County, Texas; TYPE OF FACILITY: compressor stations; RULE VIOLATED: 30 TAC §101.360(a) and THSC, §382.085(b), by failing to submit form ECT-3 level of activity certification; PENALTY: $1,200; ENFORCEMENT COORDINATOR: Tel Croston, (512) 239-5717; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(41) COMPANY: Chang Yong Im dba Times Market #11; DOCKET NUMBER: 2002-0370-PST-E; IDENTIFIER: PST Facility Identification Number 0018034; LOCATION: Corpus Christi, Nueces County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.10(b), by failing to maintain copies of required records pertaining to a UST system; 30 TAC §334.50(b)(2)(A)(i)(III) and the Code, §26.3475, by failing to monitor piping and test a line leak detector; PENALTY: $2,100; ENFORCEMENT COORDINATOR: Edward Moderow, (361) 825-3100; REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5503, (361) 825-3100.

(42) COMPANY: V.N.H., Inc.; DOCKET NUMBER: 2002-0069-PST-E; IDENTIFIER: PST Facility Identification Number 0055760; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §115.245(3) and THSC, §382.085(b), by failing to successfully perform the five year functional testing to verify proper operation of the Stage II VRS; PENALTY: $720; ENFORCEMENT COORDINATOR: Brad Brock, (512) 239-1165; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(43) COMPANY: Yun-Won Kim dba Won Stop; DOCKET NUMBER: 2002-0054-PST-E; IDENTIFIER: PST Facility Identification Number 0046718; LOCATION: Graham, Young County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.8(c)(4)(B) and the Code, §26.346(a), by failing to accurately complete the UST registration and self-certification form; 30 TAC §334.48(c), by failing to conduct inventory control for all USTs; 30 TAC §334.50(b)(1)(A) and the Code, §26.3475, by failing to monitor for releases; and the Code, §26.121, by allowing the unauthorized discharge of petroleum product into the ground; PENALTY: $14,000; ENFORCEMENT COORDINATOR: George Ortiz, (915) 698-9674; REGIONAL OFFICE: 1977 Industrial Boulevard, Abilene, Texas 79602-7833, (915) 698-9674.

TRD-200203975

Paul Sarahan

Director, Litigation Division

Texas Natural Resource Conservation Commission

Filed: June 25, 2002

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 (TWC), §7.075. Section 7.075 requires that before the commission may approve the AOs, the commission 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 no later than the 30th day before the date on which the public comment period closes, which in this case is August 5, 2002 . Section 7.075 also requires that the commission promptly consider any written comments received and that the commission may withdraw or withhold 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 TNRCC's orders and permits issued pursuant to 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 proposed AO is available for public inspection at both 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. Comments about an AO should be sent to the attorney designated for the AO at 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 August 5, 2002 . Comments may also be sent by facsimile machine to the attorney at (512) 239-3434. The designated attorney is available to discuss the AO and/or the comment procedure at the listed phone number; however, §7.075 provides that comments on an AO should be submitted to TNRCC in writing .

(1) COMPANY: Four G Asphalt, Inc. dba Big Buck Asphalt, Inc.; DOCKET NUMBER: 2001-0724-AIR-E; TNRCC ID NUMBERS: 90-2593-E and 2593B; LOCATION: at the 11 mile marker on the east side of Interstate Highway 35, Laredo, Webb County, Texas; TYPE OF FACILITY: hot mix asphalt plant; RULES VIOLATED: 30 TAC §111.111(a)(1)(B) and Texas Health and Safety Code (THSC), §382.085(b), by exceeding permissible visible emissions from its asphalt plant; 30 TAC §116.115(c), TNRCC Permit Number 2593B, Special Condition Number 7 and THSC, §382.085(b), by failing to conduct stack sampling analysis or other tests to prove satisfactory equipment performance and demonstrate compliance with the 0.04 grains per dry standard cubic foot allowable emissions limit within 60 days of being informed by the TNRCC San Antonio Regional Office that visible emissions from the plant had exceeded 5% capacity; PENALTY: $12,500; STAFF ATTORNEY: Robin Chapman, Litigation Division, MC 175, (512) 239-0497; REGIONAL OFFICE: Laredo Regional Office, 1403 Seymour, Suite 2, Laredo, Texas 78040-8752, (956) 791-6611.

(2) COMPANY: Katy Family YMCA; DOCKET NUMBER: 2001-1472-PWS-E; TNRCC ID NUMBER: 0790348; LOCATION: 15050 Cinco Park Road, Katy, Fort Bend County, Texas; TYPE OF FACILITY: public water system; RULES VIOLATED: 30 TAC §290.109(c)(2) and THSC, §341.033(d), by failing to collect and submit routine monthly bacteriological samples; 30 TAC §290.109(g), by failing to provide public notice of sampling deficiencies; PENALTY: $1,875; STAFF ATTORNEY: Alfred Okpohworho, Litigation Division, MC R-12, (713) 422-8918; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(3) COMPANY: Khalil El-Ksih dba C & D Groceries; DOCKET NUMBER: 2001-1060-PST-E; TNRCC ID NUMBER: 0053896; LOCATION: intersection of Highway 359 and Halbison Road, Pattison, Waller County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §37.815(a) and (b), by failing to demonstrate financial assurance for taking corrective action and for compensating third parties for bodily injury and property damage caused by accidental releases; 30 TAC §334.8(c)(4)(B) and TWC, §26.346(a), by failing to submit an underground storage tank (UST) registration and self-certification form to the TNRCC; 30 TAC §334.8(c)(5)(A)(i) and TWC, §26.3467(a), by failing to make available a valid, current TNRCC delivery certificate before delivery of a regulated substance; PENALTY: $8,000; STAFF ATTORNEY: Diana Grawitch, Litigation Division, MC 175, (512) 239-0939; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(4) COMPANY: Trelson Corporation; DOCKET NUMBER: 2001-0572-IHW-E; TNRCC ID NUMBER: 37923; LOCATION: 625 Humble Road, San Antonio, Bexar County, Texas; TYPE OF FACILITY: former sheep skin tannery; RULES VIOLATED: 30 TAC §335.8(a) by failing to remove industrial solid waste from waste management units and to perform closure for those waste management units following abandonment of the facility by the lessee and by failing to remove industrial solid wastes contained in abandoned process units; 30 TAC §335.4 and §335.8(a) and TWC, §26.121, by allowing discharges of industrial solid wastes and the threat of discharges of pollutants into or adjacent to any water in the state by failing to completely remediate discharges of industrial solid wastes resulting from a fire; 30 TAC §335.4 and TWC, §26.121, by allowing discharges of industrial solid wastes and the threat of pollutants by failing to prevent discharges of characteristically hazardous waste into or adjacent to any water in the state; 30 TAC §335.62 and 40 Code of Federal Regulations §262.11, by failing to complete a hazardous waste determination on the tar-like substance which was stored outside in an approximately 1,000-gallon open top tank; PENALTY: $9,500; STAFF ATTORNEY: Robin Chapman, Litigation Division, MC 175, (512) 239-0497; REGIONAL OFFICE: San Antonio Regional Office, 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.

TRD-200203993

Paul C. Sarahan

Director, Litigation Division

Texas Natural Resource Conservation Commission

Filed: June 25, 2002

The following notices were issued during the period of June 12, 2002 through June 24, 2002.

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

AQUASOURCE DEVELOPMENT COMPANY has applied for a renewal of TPDES Permit No. 13870-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 99,000 gallons per day. The facility will be located 3,000 feet west by southwest from the intersection of Wilson Road and Atascocita Road; thence 2,500 feet south in the plant property between Garners Bayou and Atascocita Road; approximately 8,000 feet south of Lakeland School in Harris County, Texas.

CITY OF CENTER has applied for a new permit, proposed Texas Pollutant Discharge Elimination System (TPDES) Permit No. 14352-001, to authorize the discharge of filter backwash water at a daily average flow not to exceed 200,000 gallons per day. The facility is located south of Pinkston Reservoir and west of State Highway 7, approximately three miles east-northeast of the intersection of State Highway 7 and Farm-to-Market Road 2913 in Shelby County, Texas.

CITY OF THE COLONY has applied for a renewal of TPDES Permit No. 13785-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 16,000 gallons per day. The facility is located approximately 1.75 miles south of Farm-to-Market Road 720 and approximately 3.0 miles west of Farm-to-Market Road 423 in Denton County, Texas.

DONOHUE INDUSTRIES INCORPORATED which operates the Lufkin Mill, an integrated pulp and paper mill, has applied for a major amendment to TNRCC Permit No. 00368 to authorize removal of the monitoring and reporting requirements for total zinc at Outfall 001; removal of the effluent limitations for 2,3,7,8-TCDD Equivalents at Outfall 001; removal of the 2,3,7,8-TCDD Equivalents testing requirements for the sludge; removal of the fish tissue sampling requirements; an increase in the biochemical oxygen demand (5-day) effluent limitation at Outfall 001; adding landfill leachate to the authorized wastestreams; removal of Outfall 003; and clarification of the existing authorized wastestreams at Outfall 004 to include boiler blowdown, discharges from the fire water system, and cooling water. The current permit authorizes the discharge of process wastewater, utility wastewater, washdown water, domestic wastewater, and storm water at a daily average dry weather flow not to exceed 20,000,000 gallons per day via Outfall 001; and the discharge of storm water runoff on an intermittent and flow variable basis via Outfalls 002, 003, 004, and 005. The application also includes a request for a temporary variance extension to the existing water quality standards for the water quality based criteria for aluminum for the Angelina River/Sam Rayburn Reservoir in Segment No. 0615 of the Neches River Basin. The variance extension would authorize an additional three-year period in which the Commission will consider the site-specific standards and determine whether to adopt the standards or require the existing water quality standards to remain in effect. The facility is located on the north side of State Highway 103, approximately 0.25 miles east of the intersection of State Highway 103 and Farm-to-Market Road 842 northeast of the City of Lufkin, Angelina County, Texas.

CITY OF ENNIS has applied for a major amendment to TNRCC Permit No. 10443-002 to authorize an increase in the discharge of treated domestic wastewater from a daily average flow not to exceed 2,500,000 gallons per day to a daily average flow not to exceed 4,000,000 gallons per day; to remove effluent limitations and monitoring requirements for cadmium, lead, silver, cyanide and mercury, and to reduce the biomonitoring frequency. The draft permit authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 3,100,000 gallons per day. The facility is located approximately 1.5 miles south of the intersection of State Highway 34 and Farm-to-Market Road 1183, and approximately 2.5 miles south of the intersection of Interstate Highway 45 and State Highway 34 in Ellis County, Texas.

CITY OF HOUSTON has applied for a renewal of TPDES Permit No. 10495-139 which authorizes the discharge of treated domestic wastewater fat an annual average flow not to exceed 995,000 gallons per day. The plant site is located approximately 250 feet west of the intersection of Genard Road and Steffani Lane in Harris County, Texas

K-3 RESOURCES, INC dba BIOSOLIDS MANAGEMENT has applied for a TPDES permit for a new water quality permit to authorize the lime stabilization of domestic wastewater treatment plant sludge and domestic septage from multiple sources. The facility is located inside Dincas Ranch which is located in the far northwestern portion of Harris County, 12 miles west of Tomball, Texas, and 8 miles east of Waller, Texas, in Harris County, Texas.

KATY-HOCKLEY CORP. has applied for a renewal of Texas Pollutant Discharge Elimination System (TPDES) Permit No. 14109-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 75,000 gallons per day. The plant site is located approximately 300 feet southeast of the intersection of Katy Hockley Cutoff Road and Morton Road in Harris County, Texas.

LONE STAR STEEL COMPANY has applied for a renewal of TPDES Permit No. 00348 which authorizes the discharge of treated domestic wastewater and pretreated oily wastewater at a daily average flow not to exceed 500,000 gallons per day via Outfall 001; the discharge of process wastewater, cooling water, boiler blowdown, and storm water at a daily average flow not to exceed 70,000,000 gallons per day via Outfall 002; the discharge of storm water runoff from Lower Barnes Reservoir on an intermittent and flow variable basis via Outfall 003; the discharge of once through, non-contact cooling water from the powerhouse and storm water on a flow variable basis via Outfall 004; and storm water runoff on an intermittent and flow variable basis via Outfall 005. The applicant operates a steelmaking and pipe manufacturing facility that produces primarily low alloy carbon steel grade pipe and tubular goods. The plant site is located at the intersection of U.S. Highway 259 and State Highway 729, south of the City of Lone Star, Morris County, Texas.

MARY ANN MOORE has applied for a renewal of TPDES Permit No. 11621-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 15,000 gallons per day. The facility is located approximately 3000 feet north of Farm-to-Market Road 2457 and approximately 12 miles northwest of the City of Livingston on the east shore of Lake Livingston in Polk County, Texas.

CITY OF MONT BELVIEU has applied for a renewal of TNRCC Permit No. 11030-001, which authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 1,500,000 gallons per day. The facility is located approximately 1.4 miles north of Interstate Highway 10 and 0.6 mile east of Eagle Drive on the east side of Mont Belvieu in Chambers County, Texas.

CITY OF MURCHISON has applied for a renewal of TPDES Permit No. 13972-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 80,000 gallons per day. The facility is located approximately 2,800 feet northeast of the intersection of Farm-to-Market Road 773 and County Road 1616, adjacent to County road 1616 at the northeast edge of the City of Murchison in Henderson County, Texas.

CITY OF NEW WAVERLY has applied for a renewal of TPDES Permit No. 11020-002, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 100,000 gallons per day. The facility is located approximately 0.6 mile west of the junction of Farm-to-Market Road 1375 and U.S. Highway 75 in Walker County, Texas.

NORTH TEXAS MUNICIPAL WATER DISTRICT has applied for renewal of an existing wastewater permit. The applicant has an existing National Pollutant Discharge Elimination System (NPDES) Permit No. TX0078565 and an existing Texas Natural Resource Conservation Commission (TNRCC) Permit No. 12047-001. The draft permit authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 2,250,000 gallons per day. The plant site is located on the west side of Buffalo Creek and on the south side of Farm-to-Market Road 3097 approximately 1.5 miles northwest of the intersection of Farm-to-Market Roads 3097 and 549 in the City of Rockwall in Rockwall County, Texas.

OMEGA HEALTHCARE INVESTORS, INC. has applied for a new permit, Proposed Permit No. 14329-001, to authorize the disposal of treated domestic wastewater at a daily average flow not to exceed 12,600 gallons per day via surface irrigation of 6.41 acres of land. This permit will not authorize a discharge of pollutants into waters in the State. The facility and disposal site are located approximately 2.5 miles west of the City of Athens, on the south side of State Highway 31 in Henderson County, Texas. The facility and disposal site are located in the drainage basin of Walnut Creek in Segment No. 0804 of the Trinity River Basin.

SKIDMORE WATER SUPPLY CORPORATION has applied for a renewal of Texas Pollutant Discharge Elimination System (TPDES) Permit No. 14112-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 50,000 gallons per day. The plant site is located approximately 1000 feet north of the end of Black Ranch Road and approximately 4,500 feet east and 4,200 feet north of the intersection of Farm-to-Market Road 797 and U.S. Route 181 in Bee County, Texas

TOSHIBA INTERNATIONAL CORPORATION has applied for a major amendment to TNRCC Permit No. 03153, to authorize an additional option for disposal of treated sanitary wastewater and parts washwater via evaporation and irrigation. The current permit authorizes the discharge of treated sanitary wastewater and parts washwater at a daily average flow not to exceed 50,000 gallons per day via Outfall 001, and recirculated non-contact cooling water/once through cooling water at a daily average flow not to exceed 50,000 gallons per day via Outfall 002. The applicant operates a facility which manufactures electric motors, inverters, and other electrical products. The plant site is located at the southwest corner of the intersection of West Little York Drive and Eldridge Parkway, in the extraterritorial jurisdiction of the City of Houston, Harris County, Texas.

WODEN INDEPENDENT SCHOOL DISTRICT has applied for a new permit, Proposed Permit No. 14345-001, to authorize the disposal of treated domestic wastewater at a daily average flow not to exceed 9,000 gallons per day via drip irrigation of 2.3 acres of public access land. This permit will not authorize a discharge of pollutants into waters in the State. The facility and disposal site are located at the northeast corner of the intersection of Farm-to-Market Road 226 and County Road 414 in Nacogdoches County, Texas. The effluent disposal site is located 1,160 feet east of the intersection of Farm-to-Market Road 226 and County Road 414 in Nacogdoches County, Texas.

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

HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 368 has applied for a minor amendment to TNRCC Permit No. 12044-001 to authorize an interim phase II at a daily average flow not to exceed 900,000 gallons per day. The existing permit authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 950,000 gallons per day in the final phase. The plant site is located approximately 1 mile east of FM 249 and approximately 1,200 feet south of Boudreaux Road in Harris County, Texas.

CITY OF HENDERSON has applied for a renewal of TPDES Permit No. 10187-001, which authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 2,000,000 gallons per day. The facility is located approximately 1.5 miles southwest of the intersection of State Highway 79 and Farm-to-Market Road 225 in Rusk County, Texas.

CITY OF MANOR has applied for a minor amendment to authorize an additional Interim II phase for the discharge of treated domestic wastewater with a daily average flow not to exceed 500,000 gallons per day. The existing permit authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 840,000 gallons per day. The applicant also requested a correction in the (latitude/longitude) coordinate for the outfall. The facility is located immediately west of New Sweden Road and approximately 0.25 mile south of U.S. Highway 290 in Travis County, Texas.

TRD-200203992

LaDonna Castañuela

Chief Clerk

Texas Natural Resource Conservation Commission

Filed: June 25, 2002

Notices mailed during the period June 18, 2002 through June 25, 2002.

APPLICATION 12-3585C Wayne D. Gilliam, 2850 Highway 2247, Comanche, Texas 76442, applicant, seeks to amend Certificate of Adjudication No. 12-3585, as amended, pursuant to Texas Water Code 11.122 and Texas Natural Resource Conservation Commission Rules 30 TAC 295.1, et seq. The Executive Director recommends that notice should be published and mailed pursuant to 30 TAC 295.152 & 295.153 (c) (1) to the water right holders downstream of the diversion point in the Brazos River Basin. Certificate of Adjudication No. 12-3585, as amended, authorizes the owner to divert and use not to exceed 17 acre-feet of water per annum from two exempt on channel reservoirs on an unnamed tributary of Martins Creek and Martins Creek, tributary of Copperas (Rush) Creek, tributary of the Leon River, tributary of the Little River, tributary of the Brazos River, Brazos River Basin to irrigate 45 acres out of a 118.25 acre-tract of land located in the Josiah Pomeroy Survey, Abstract No. 760, the E.R. Griffith Survey, Abstract No. 411, and the J.B. Bril Survey, Abstract No. 1534 at a maximum diversion rate of 1.66 cfs (745 gpm) Comanche County. Reservoir 1 is located on Martin Creek with a capacity of 16.90 acre-feet of water and reservoir 2 with the capacity of 0.49 acre-feet is located on an unnamed tributary of Martins Creek. The Certificate contains a special condition whereby the above authorization will expire on December 31, 2000. Also included in the Certificate is a perpetual water right that authorizes the owner to divert and use not to exceed 23 acre-feet of water from a 960 acre-foot capacity reservoir to irrigate 45 acres out of the aforesaid 118.25 acre-tract of land at a maximum diversion rate of 2.0 cfs (900 gpm) in Comanche County. The time priority for use of the 10 acre-feet of water for irrigation of 15 acres of land with a maximum combined diversion rate of 0.67 cfs (300 gpm) is July 30, 1973. The time priority for the additional diversion of 7 acre-feet of water and 5 acres of land for irrigation with a maximum diversion rate of 0.99 cfs (445 gpm) is September 2, 1980. The time priority for the diversion of the 23 acre-feet of water per annum from the aforesaid 960 acre-foot capacity reservoir is October 13, 1970. The time priority of owner's right for all other authorization is August 6, 1985. Diversion point 1 is located on reservoir 1 at approximately 32.018 degrees N Latitude, 98.675 degrees W Longitude. Diversion point 2 is located on the perimeter of the reservoir 2 at approximately 32.017 degrees N Latitude, 98.775 degrees W Longitude. Diversion point 3 is located on the perimeter of 960 acre-foot reservoir at approximately 32.024 degrees N Latitude, 98.662 degrees W Longitude. Applicant seeks to amend Certificate of Adjudication No. 12-3585, as amended, by extending or deleting the expiration date of December 31, 2000 for 17 acre-feet of water per annum from the aforesaid exempt reservoirs. Applicant indicated has that Reservoir 2 has been filled in and Coastal Bermuda grass has been planted where the reservoir and dam were located. The application was received on December 15, 2000. Additional information was received April 17, 2002 and June 5, 2002. The application was determined to be administratively complete on June 13, 2002. Written public comments and requests for a public meeting should be submitted to the Office of 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 in the application. The TNRCC may grant a contested case hearing on this application if a written hearing request is filed within 30 days from the date of newspaper publication of 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.

APPLICATION 12-3538C. William T. Morris and Frankie Z. Morris, 920 County Road 475, DeLeon, Texas 76444, applicants, seek to amend Certificate of Adjudication No. 12-3538, as amended, pursuant to Texas Water Code 11.122 and Texas Natural Resource Conservation Commission Rules 30 TAC 295.1, et seq. The Executive Director recommends that notice should be published and mailed pursuant to 30 TAC 295.152 & 295.153 (c) (1) to the water right holders downstream of the diversion point in the Brazos River Basin. Certificate of Adjudication No. 12-3538, as amended, authorized owners to divert and use not to exceed 30 acre-feet of water per annum from an exempt reservoir impounding 32 acre-feet of water on an unnamed tributary of the Sabana River, tributary of the Leon River, tributary of the Little River, tributary of the Brazos River, in the Brazos River Basin to irrigate 60 acres of land out of a 242 acre tract in the H. & T.C. RR Co. Survey No. 39, Abstract No. 461 in Comanche County. The maximum diversion rate is 2.23 cfs (1,000 gpm). The time priority is November 19, 1973. The diversion point is on the perimeter of the aforesaid reservoir at approximately 32.152 degrees N Latitude, 98.615 degrees W Longitude. The Certificate contains a special condition whereby the authorization to divert the water will expire on December 31, 2000. Other special conditions apply. Applicants seek to amend Certificate of Adjudication No.12-3538, as amended, by extending or deleting the expiration date of December 31, 2000. Applicants indicated that they have 12 groundwater wells that can be used as alternate water supply source. The wells produce good quality water at 30-40 gpm. The application was received on December 22, 2000. Additional information was received March 22, 2002. The application was determined to be administratively complete on June 4, 2002. Written public comments and requests for a public meeting should be submitted to the Office of 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 in the application. The TNRCC may grant a contested case hearing on this application if a written hearing request is filed within 30 days from the date of newspaper publication of 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.

APPLICATION 12-3471C. Glynn A. Wilson,15524 County Road #122, Ranger, Texas 76420, applicant, seeks to amend Certificate of Adjudication No. 12-3471, as amended, pursuant to Texas Water Code 11.122 and Texas Natural Resource Conservation Commission Rules 30 TAC 295.1, et seq. The Executive Director recommends that notice should be published and mailed pursuant to 30 TAC 295.152 & 295.153 (c) (1) to the water right holders downstream of the diversion point in the Brazos River Basin. Certificate of Adjudication No. 12-3471, as amended, authorizes the owner to maintain two exempt dams and reservoirs. Reservoir 1 is on an unnamed tributary of North Colony Creek, tributary of Colony Creek, tributary of the Leon River, tributary of the Little River, tributary of the Brazos River, Brazos River Basin, Stephens County and impounds 115 acre-feet of water. Reservoir 2 is on North Colony Creek, tributary of Colony Creek, tributary of the Leon River, tributary of the Little River, tributary of the Brazos River, Brazos River Basin, Stephens County and impounds 125 acre-feet of water. Owner is authorized to divert and use not to exceed 100 acre-feet of water from Reservoirs 1 and 2 for agricultural use to irrigate 100 acres out of 826 acres in HT & B RR Co. Survey No. 123, Abstract No. 79; the T & NO RR Co. Survey, Abstract No. 218; the J. F. Oakely Survey, Abstract No. 2040; the G. C. Conway Survey, Abstract No. 1880; and the J. J. Maxwell Survey, Abstract No. 1706 and an additional 50 acres of leased land in the aforesaid T & NO RR Co. Survey, which is located to the adjacent 826 acres in Stephens County. Owner is authorized to divert water from the perimeter of Reservoir 1 at approximately 32.53 degrees N Latitude, 98.737 degrees W Longitude at a maximum diversion rate of 1.6 cfs (725 gpm). Owner is also authorized to divert water from Reservoir 2 at approximately 32.526 degrees N Latitude, 98.737 degrees Longitude at a maximum diversion rate of 0.7 cfs (300 gpm) The time priority for the first 50 acre-feet of water per annum is October 11, 1977 and the time priority for the diversion of the additional 50 acre-feet of water per annum is April 1, 1991. The Certificate contains a special condition whereby the authorization to divert water will expire on December 31, 2000. Other special conditions apply. Applicants seek to amend Certificate of Adjudication No. 12-3471, as amended, by extending or deleting the expiration date of December 31, 2000. The application was received on December 29, 2000. Additional information was received January 23, 2002. The application was determined to be administratively complete on May 3, 2002. Written public comments and requests for a public meeting should be submitted to the Office of 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 in the application. The TNRCC may grant a contested case hearing on this application if a written hearing request is filed within 30 days from the date of newspaper publication of 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.

APPLICATION 12-3486C Ronnie and Barbara Love, 5202 FM 571, Ranger, Texas 76470, applicants, seek to amend Certificate of Adjudication No. 12-3486, as amended, pursuant to Texas Water Code 11.122 and Texas Natural Resource Conservation Commission Rules 30 TAC 295.1, et seq. The Executive Director recommends that notice should be published and mailed pursuant to 30 TAC 295.152 & 295.153 (c) (1) to the water right holders downstream of the diversion point in the Brazos River Basin. Certificate of Adjudication No. 12-3486, as amended, authorizes owners to maintain three existing exempt dams creating 15, 170, and 40 acre-foot capacity reservoirs, respectively, on an unnamed tributary of Salt Branch and Salt Branch, tributary of the Leon River, tributary of the Little River, tributary of the Brazos River, Brazos River Basin, Eastland County. Owners are also authorized to divert and use not to exceed 150 acre-feet of water per annum from the aforesaid three reservoirs for agricultural use to irrigate 335 acres in six tracts of land in Eastland County at a maximum diversion rate of 3.67 cfs (1,650 gpm) for reservoir (1) and 2.44 cfs (1,100 gpm) from reservoirs (2) & (3). All three reservoirs are located 13 miles southeast of Eastland. The time priority of owners' right is October 20, 1975. The Certificate contains a special condition whereby the authorization to divert the water will expire on December 31, 2000. Other special conditions apply. Diversion point 1 is located on the perimeter of reservoir 1 at approximately 32.336 degrees N Latitude, 98.607 degrees W Longitude. Diversion point 2 is located on the perimeter of reservoir 2 at approximately 32.339 degrees N Latitude, 98.614 degrees W Longitude. Diversion point 3 is located on the perimeter of reservoir 3 at approximately 32.340 degrees N Latitude, 98.611 degrees W Longitude. Applicant seeks to amend Certificate of Adjudication No. 12-3486, as amended, by extending or deleting the expiration date of December 31, 2000. The application was received on December 19, 2000. Additional information was received March 19, 2002. The application was determined to be administratively complete on May 7, 2002. Written public comments and requests for a public meeting should be submitted to the Office of 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 in the application. The TNRCC may grant a contested case hearing on this application if a written hearing request is filed within 30 days from the date of newspaper publication of 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.

APPLICATION 5521A Meyerstein Family Trust, with Arnold H. Meyerstein as trustee, applicant, seeks to amend Water Use Permit No.5521, pursuant to Texas Water Code (TWC) 11.122, and Texas Natural Resource Conservation Commission Rules 30 TAC 295.1, et seq. Water Use Permit No. 5521 authorizes the diversion and use of not to exceed 30 acre-feet of water per annum at a maximum diversion rate of 0.22 cfs (100 gpm) from the Guadalupe River, Guadalupe River Basin, in Kerr County for irrigation of 30 acres of land out of a 65.8 acre tract, consisting of 31.1 acres in the J.S. Snyder Survey No. 142, Abstract No. 290, and 34.7 acres in the H. Yeamans Survey No. 575, Abstract No. 378, on the south side of Upper Guadalupe Lake on the Guadalupe River, 1.9 miles northwest of the intersection of State Highways 16 and 27, within the city limits of Kerrville, Kerr County, Texas. Applicant seeks to change the diversion rate from 0.22 cfs (100 gpm) to 2.1 cfs (1,000 gpm). Pursuant to 30 TAC 295.153 and 295.158 (b)(2), notice will be published and sent by first class mail to all the water rights holders of record in the Guadalupe River Basin. The application was received on January 11, 2002. The Executive Director reviewed the application and determined it to be administratively complete on April 22, 2002. Written public comments and requests for a public meeting should be submitted to the Office of 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 in the application.The TNRCC may grant a contested case hearing on this application if a written hearing request is filed within 30 days from the date of newspaper publication of 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.

Information Section

A public meeting is intended for the taking of public comment, and is not a contested case hearing. A public meeting will be held if the Executive Director determines that there is a significant degree of public interest in an application.

The Executive Director can consider approval of an application unless a written request for a contested case hearing is filed. 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; and (4) a brief and specific description of how you would be affected by the application in a way not common to the general public. You may also submit any proposed conditions to the requested application 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 permit 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-200203987

LaDonna Castañuela

Chief Clerk

Texas Natural Resource Conservation Commission

Filed: June 25, 2002

CONSULTANT PROPOSAL REQUEST

This request by the North Central Texas Council of Governments (NCTCOG) for consultant services is filed under the provisions of Government Code, Chapter 2254.

The North Central Texas Council of Governments (NCTCOG) is requesting written proposals from consultants to conduct a Crosstown Bus Routes Analysis and Needs Assessment for Dallas Area Rapid Transit (DART). The consultant effort will be a ridership profile for the 18 Crosstown routes operated by DART. The study will develop a Crosstown Trip Characteristic Profile and assess the potential for limited-stop and non-stop Crosstown routes. This analysis coupled with a review of the work of DART staff in updating the Five Year Action Plan will be used to develop recommendations for potentially successful limited-stop and non-stop Crosstown routes.

Due Date

Proposals must be submitted no later than 5 p.m., Central Daylight Time, on Friday, August 2, 2002, to Barbara Maley, Principal Transportation Planner, North Central Texas Council of Governments, 616 Six Flags Drive, Arlington, Texas 76011. For more information and to obtain copies of the Request for Proposals, contact Barbara Maley at (817) 695-9278.

Contract Award Procedures

The firm selected to perform this study will be recommended by a Consultant Selection Committee (CSC). The CSC will use evaluation criteria and methodology consistent with the scope of services contained in the Request for Proposals. The NCTCOG Executive Board will review the CSC's recommendations and, if found acceptable, will issue a contract award.

Regulations

NCTCOG, in accordance with Title VI of the Civil Rights Act of 1964, 78 Statute 252, 42 United States Code 2000(d) to 2000(d)(1); and Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 1, Nondiscrimination in Federally Assisted Programs of the Department of Transportation issued pursuant to such act, hereby notifies all proposers that it will affirmatively assure that in regard to any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full opportunity to submit proposals in response to this invitation and will not be discriminated against on the grounds of age, race, color, religion, sex, disability, or national origin in consideration of an award.

TRD-200203999

R. Michael Eastland

Executive Director

North Central Texas Council of Governments

Filed: June 26, 2002

On June 20, 2002, Verizon Advanced Data, Inc. filed an application with the Public Utility Commission of Texas (commission) to relinquish its certificate of operating authority (COA) granted in COA Certificate Number 50032. Applicant intends to reflect relinquishment of its certificate.

The Application: Application of Verizon Advanced Data, Inc. for an Amendment to its Certificate of Operating Authority, Docket Number 26005.

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 July 10, 2002. You may contact the commission’s Customer Protection Division 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 26005.

TRD-200203968

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: June 24, 2002

On June 18, 2002, Adelphia Business Solutions of Texas, L.P. 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 60219. Applicant intends to reflect the change of its name as the result of a corporate restructuring, and discontinue service in the Austin, Dallas, and San Antonio Local Access and Transport Areas.

The Application: Application of Adelphia Business Solutions of Texas, L.P. for an Amendment to its Service Provider Certificate of Operating Authority, Docket Number 26110.

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 July 10, 2002. You may contact the commission's Customer Protection Division 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 26110.

TRD-200203866

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: June 20, 2002

On June 19, 2002, Comm South Companies, Inc. 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 60012. Applicant intends to remove the resale-only restriction.

The Application: Application of Comm South Companies, Inc. for an Amendment to its Service Provider Certificate of Operating Authority, Docket Number 26118.

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 July 10, 2002. You may contact the commission's, Customer Protection Division 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 26118.

TRD-200203913

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: June 21, 2002

Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) an application on June 21, 2002, for waiver of the limitation on energy efficiency incentive payments imposed by Public Utility Commission's Substantive Rule §25.181(h)(3).

Docket Title and Number: Application of Central Power and Light Company, Southwestern Electric Power Company, and West Texas Utilities Company for Waiver of the Limitation on Energy Efficiency Incentive Payments Imposed by the commission's Substantive Rule §25.181(h)(3). Docket Number 26133.

The Application: Public Utility Commission's Substantive Rule §25.181(h)(3) limits the amount that an individual energy efficiency service provider and its affiliates may receive to no more than 20% of the total incentive payments available for a particular standard offer contract. The rule permits a utility to petition the commission for a waiver of this limitation if the utility can demonstrate that the utility would not be able to meet its annual energy savings goal under this limitation. The companies provided affidavits which stated that without a waiver of the limitation on the level of incentives during the calendar year 2002, the companies will not be able to attract energy efficiency service providers to their service territories. Therefore, in turn, Applicants stated that they do not expect to meet their annual energy savings goal due to the limitation imposed by the commission's Substantive Rule §25.181(h)(3). The companies seek a waiver of the limitation on incentives only for funds earmarked for their 2002 Commercial and Industrial Standard Offer Programs incentive budgets.

Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas, by mail at P.O. Box 13326, Austin, Texas, 78711-3326, or call the Public Utility Commission, Customer Protection Division, at (512) 936-7120 or toll free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. All comments should reference Docket Number 26133.

TRD-200204008

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: June 26, 2002

The Public Utility Commission (commission) will conduct a public workshop on transmission constraints affecting west Texas wind power generators. The workshop will be held from 9:30 a.m. to 4:00 p.m., Wednesday, July 24, 2002, in the Commissioners' Hearing Room, seventh floor, William B. Travis Building, 1701 North Congress Avenue, Austin, Texas.

The purpose of the workshop is to establish a base of facts regarding the curtailment of existing wind power generating facilities due to operational constraints and insufficient transmission capacity. Interested persons are encouraged to attend the workshop. An agenda and background materials may be obtained from the commission's web site at www.puc.state.tx.us.

The commission is conducting this workshop under Project Number 25819, PUC Proceeding to Address Transmission Constraints Affecting West Texas Wind Power Generators. Questions concerning the workshop or this notice should be referred to Richard Greffe, Senior Economist, Market Oversight Division, 512-936-7404. Hearing and speech- impaired individuals with text telephones (TTY) may contact the commission at 512-936-7136.

TRD-200203914

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: June 21, 2002

On June 18, 2002, Southwestern Bell Telephone, LP doing business as Southwestern Bell Telephone Company and VoiceStream Wireless Corporation, collectively referred to as applicants, filed a joint application for approval of amendment to an existing interconnection agreement under Section 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 & Supplement 2002) (PURA). The joint application has been designated Docket Number 26114. The joint application and the underlying interconnection agreement are available for public inspection at the Public Utility Commission’s (commission) 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 26114. 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 July 19, 2002, 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 commission’s Customer Protection Division at (512) 936-7120 or toll free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Docket Number 26114.

TRD-200203915

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: June 21, 2002

On June 18, 2002, Southwestern Bell Telephone, LP doing business as Southwestern Bell Telephone Company and 1stTel, Inc., collectively referred to as applicants, filed a joint application for approval of amendment to an existing interconnection agreement under Section 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 & Supplement 2002) (PURA). The joint application has been designated Docket Number 26113. The joint application and the underlying interconnection agreement are available for public inspection at the Public Utility Commission’s (commission) 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 26113. 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 July 19, 2002, 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 commission’s Customer Protection Division at (512) 936-7120 or toll free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Docket Number 26113.

TRD-200203917

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: June 21, 2002

On June 20, 2002, Southwestern Bell Telephone, LP doing business as Southwestern Bell Telephone Company and Excel Telecommunications, Inc., collectively referred to as applicants, filed a joint application for approval of amendment to an existing interconnection agreement under Section 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 & Supplement 2002) (PURA). The joint application has been designated Docket Number 26128. The joint application and the underlying interconnection agreement are available for public inspection at the Public Utility Commission’s (commission) 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 26128. 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 July 23, 2002, 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 commission’s Customer Protection Division at (512) 936-7120 or toll free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Docket Number 26128.

TRD-200203934

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: June 21, 2002

On June 20, 2002, Southwestern Bell Telephone, LP doing business as Southwestern Bell Telephone Company and SBC Advanced Solutions, Inc., collectively referred to as applicants, filed a joint application for approval of amendment to an existing interconnection agreement under Section 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 & Supplement 2002) (PURA). The joint application has been designated Docket Number 26129. The joint application and the underlying interconnection agreement are available for public inspection at the Public Utility Commission’s (commission) 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 26129. 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 July 23, 2002, 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 commission's Customer Protection Division at (512) 936-7120 or toll free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Docket Number 26129.

TRD-200203933

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: June 21, 2002

On June 21, 2002, Southwestern Bell Telephone, LP doing business as Southwestern Bell Telephone Company and Paging Professionals of Oklahoma, Inc. doing business as Protel Communications, collectively referred to as applicants, filed a joint application for approval of amendment to an existing interconnection agreement under Section 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 & Supplement 2002) (PURA). The joint application has been designated Docket Number 26142. The joint application and the underlying interconnection agreement are available for public inspection at the Public Utility Commission's (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 26142. 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 July 24, 2002, 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 commission’s Customer Protection Division at (512) 936-7120 or toll free at 1-888-782-8477. Hearing and speech- impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Docket Number 26142.

TRD-200203966

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: June 24, 2002

On June 21, 2002, Southwestern Bell Telephone, LP doing business as Southwestern Bell Telephone Company and Navigator Telecommunications, LLC, collectively referred to as applicants, filed a joint application for approval of amendment to an existing interconnection agreement under Section 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 & Supplement 2002) (PURA). The joint application has been designated Docket Number 26143. The joint application and the underlying interconnection agreement are available for public inspection at the Public Utility Commission’s (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 26143. 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 July 24, 2002, 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 commission’s Customer Protection Division at (512) 936-7120 or toll free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Docket Number 26143.

TRD-200203967

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: June 24, 2002

On June 18, 2002, Direct Telephone Company, Inc. and Verizon Southwest, collectively referred to as applicants, filed a joint application for approval of interconnection agreement under Section 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 & Supplement 2002) (PURA). The joint application has been designated Docket Number 26116. The joint application and the underlying interconnection agreement is available for public inspection at the commission's offices in Austin, Texas.

The commission must act to approve the interconnection agreement within 35 days after it is submitted by the parties.

The commission finds that additional public comment should be allowed before the commission issues a final decision approving or rejecting the interconnection agreement. Any interested person may file written comments on the joint application by filing 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 26116. 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 July 19, 2002, 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’s Customer Protection Division at (512) 936-7120 or toll free at 1-888-782-8477. Hearing and speech- impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Docket Number 26116.

TRD-200203916

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: June 21, 2002

On Tuesday, August 20, 2002 the commission will hold a workshop on Project Number 24522, Rulemaking to Develop Quality of Service Standards Applicable to Wireless Carriers with Eligible Telecommunications Provider Status to Receive Universal Service Funds . The workshop will begin at 9:00 a.m. in Hearing Room Gee located on the seventh floor of the William B. Travis Building, 1701 North Congress Avenue, Austin, Texas 78701. Before the workshop commences, the commission requests that interested persons file comments addressing the questions below. Both substantive and procedural aspects of implementing this proposal will be open for discussion at the workshop. The workshop agenda will not be confined solely to questions proposed by the commission staff; a portion of the workshop will be reserved for open discussion of general or specific issues of interest to attendees.

Questions for comment:

1. Should all of the service objectives and performance benchmarks applicable to dominant certificated telecommunications utilities (DCTUs) as identified in Substantive Rule §§26.52-26.54, apply to wireless carriers that the commission has designated as an eligible telecommunications provider? If not, please identify specifically those sections of the rule that should be changed, modified, or deleted to either make these rules compatible for and applicable to wireless providers or to establish an entirely new quality of service standard rule specifically for wireless carriers with ETP status.

2. Are there any additional service objectives or performance benchmarks not identified in Substantive Rules §§26.52-26.54 that should be applicable to wireless carriers the commission has designated as eligible telecommunications providers?

3. Please identify the service objectives or performance benchmarks that could be adopted to ensure that wireless carriers complete no less than 97% of properly dialed calls?

4. Is it possible to measure decibel loss and impulse noise on wireless facilities? If yes, please explain in detail the level of decibel loss that should be allowed and why.

5. Please identify all wireless transmission service standards that would be equivalent to the wireline transmission requirements contained in Substantive Rule §26.54(c)(7).

6. Please provide any additional comments related to the quality of service standards applicable to wireless carriers with ETP status, that have not been addressed in response to the above questions.

Sixteen copies of comments may be filed with the commission's Filing Clerk, Public Utility Commission of Texas, 1701 North Congress Avenue, PO Box 13326, Austin, Texas 78711-3326 within 30 days of the date of publication of this notice in the Texas Register . All comments should reference Project Number 24522. On or before August 20, 2002, the commission will file an agenda for the workshop, which will be available in Central Records under Project Number 24522. Copies of the agenda will also be available at the workshop.

Questions concerning Project Number 24522 may be referred to James Kelsaw, Telecommunications Division, (512) 936-7338, or Andrew Kang, Legal Division, (512) 936- 7293. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136.

TRD-200204010

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: June 26, 2002