IN ADDITION The Texas Register is required by statute to publish certain documents, including applications to purchase control of state banks, notices of rate ceilings, changes in interest rate and applications to install remote service units, and consultant proposal requests and awards. To aid agencies in communicating information quickly and effectively, other information of general interest to the public is published as space allows. Office of the Attorney General Clean Air Act Enforcement Notice Notice is hereby given by the State of Texas of the following proposed resolution of an environmental enforcement lawsuit under the Texas Clean Air Act. Section 382.096 of the Clean Air Act (since repealed and now found at sec.7.110 of the Texas Water Code) provides that before the State may settle a judicial enforcement action under the Clean Air Act, the State shall permit the public to comment in writing on the proposed judgment. The Attorney General will consider any written comments and may withdraw or withhold consent to the proposed agreed judgment if the comments disclose facts or considerations that indicate that the consent is inappropriate, improper, inadequate, or inconsistent with the requirements of the Act or a rule adopted or an order or a permit issued under such statute. Case Title and Court: Harris County, Texas, and the State of Texas v. Timco Industrial Supply Company and Charles Caldwell, Jr., Cause Number 97-21305; in the 127th Judicial District Court, Harris County, Texas. Nature of Defendants' Operations: Timco Industrial Supply Company, Inc. ("Timco"), operates a scrap yard located at 15922 Bear Bayou, Channelview, Texas. In July of 1996 Harris County Pollution Control Department investigated reports of numerous trees that were damaged in the area of the scrap yard. Based on that investigation Harris County filed suit against Timco and one of its employees for burning insulated copper wire at the scrap yard. Harris County alleged that such burning resulted in the production of hydrochloric acid and chlorine gas, which can kill or injure vegetation, and that such burning was in violation of the Texas Clean Air Act and rules of the Texas Natural Resource Conservation Commission ("TNRCC"). The State of Texas was joined in the suit as a necessary and indispensable party. Proposed Agreed Judgment: The Agreed Final Judgment contains provisions for injunctive relief and civil penalties. The injunction prohibits Timco, its officers, employees, agents, servants, successors and assigns and Defendant Charles Caldwell, Jr., from engaging in outdoor burning in violation of 30 Texas Admininistrative Code sec.111.201 or sec.101.4. The judgment provides for $2,000 in civil penalties, $1,000 in attorneys' fees, and that Defendants pay all costs of court. For a complete description of the proposed settlement, the complete proposed Agreed Final Judgment should be reviewed. Requests for copies of the judgment and written comments on the judgment should be directed to Liz Bills, Assistant Attorney General, Office of the Texas Attorney General, P.O. Box 12548, Austin, Texas 78711-2548, (512) 463-2012, facsimile (512) 320-0911. Written comments must be received within 30 days of publication of this notice to be considered. TRD-9801403 Sarah Shirley Assistant Attorney General Office of the Attorney General Filed: January 30, 1998 Hazardous Waste Enforcement Notice Notice is hereby given by the State of Texas of the following proposed resolution of an environmental enforcement lawsuit under the Texas Solid Waste Disposal Act and the Texas Water Code. Section 7.110 of the Texas Water Code provides that before the State may settle a judicial enforcement action under those Acts, the State shall permit the public to comment in writing on the proposed judgment. The Attorney General will consider any written comments and may withdraw or withhold consent to the proposed agreed judgment if the comments disclose facts or considerations that indicate that the consent is inappropriate, improper, inadequate, or inconsistent with the requirements of those Acts or a rule adopted or an order or a permit issued under such statutes. Case Title and Court: State of Texas v. B & W Foundry and Manufacturing Co., Ura Lee Beard, Gene E. Beard, and Robert A. Beard, Cause Number. 94-04155; in the 331st Judicial District Court, Travis County, Texas. Nature of Defendant's Operations: B & W Foundry and Manufacturing Co. owns and previously operated a foundry located at 512 Upton Street, San Angelo, Texas, where the company manufactured certain agricultural machine parts until 1991, when the foundry ceased operations. The property upon which the facility is located is adjacent to a residential neighborhood. The State filed suit against the foundry and its officers alleging that operations at the facility's scrubber sludge handling area had resulted in discharges of cadmium and lead onto the ground and into or adjacent to waters of the State. The State and the Defendants previously entered into an agreement under which Defendants agreed to remediate the site in accordance with a Remediation Work Plan approved, as modified, by the Texas Natural Resource Conservation Agreement ("TNRCC"). Under the Work Plan, the site was to be remediated to meet the TNRCC's Risk Reduction Standard Number 2. The agreement provided that if 1) the site was remediated according to the Work Plan as modified on a timely basis; 2) proof of deed certification pursuant to 30 Tex. Admin. Code sec.335.560 was submitted to the TNRCC; and 3) Defendants paid $800 in penalties to the State of Texas, the State of Texas and the TNRCC would dismiss their claims against the Defendants for those violations alleged in their suit. The site has been remediated, proof of deed certification has been provided, and the Defendants are prepared to pay the penalties set forth above. Accordingly, the parties propose to enter into an Agreed Final Judgment dismissing the claims in this matter. For a complete description of the proposed settlement, the complete proposed Agreed Final Judgment should be reviewed. Requests for copies of the judgment and written comments on the judgment should be directed to Liz Bills, Assistant Attorney General, Office of the Texas Attorney General, P.O. Box 12548, Austin, Texas 78711-2548, (512) 463-2012, facsimile (512) 320-0911. Written comments must be received within 30 days of publication of this notice to be considered. TRD-9801590 Sarah Shirley Assistant Attorney General Office of the Attorney General Filed: February 4, 1998 Sexual Assault Prevention and Crisis Services Funding Notice The Office of the Attorney General is accepting letters of intent to apply for sexual assault crisis intervention and education funding under the Preventive Health and Health Services block grant and State Funds. Funds will be available October 1, 1998. Letters of intent to apply for funds should be sent by March 31, 1998 to Cecelia McKenzie, Division Director, Sexual Assault Prevention and Crisis Services, Office of the Attorney General, P.O. Box 12548, Mail Code 011- 1, Austin, Texas 78711-2548 Applications will be due on or before June 3, 1998 at 5:00 p.m. Eligible entities who send letters of intent will receive application kits consisting of materials pertinent to submitting an application. An eligible entity is a sexual assault program which has been providing service on or before January 1, 1998. The program must provide a 24- hour hotline, advocacy and accompaniment, liaison, professional training and public education. For more information, contact Pam Rodgers, Grants Program Director, (512) 936- 1423 or Lynda Edmonson, Office Manager (512) 936-1270. TRD-9801404 Sarah Shirley Assistant Attorney General Office of the Attorney General Filed: January 30, 1998 Coastal Coordination Council Notice and Opportunity to Comment on Requests for Consistency Agreement On January 10, 1997, the State of Texas received federal approval of the Coastal Management Program (CMP) (62 Federal Register pp. 1439-1440). Under federal law, federal agency activities and actions affecting the Texas coastal zone must be consistent with the CMP goals and policies identified in 31 TAC 501. Requests for federal consistency review were received for the following projects(s) during the period of January 26, 1998, through February 2, 1998: FEDERAL AGENCY ACTIONS: Applicant: Harris County Engineering Department; Location: At the end of Space Center Boulevard and the intersection of Jana Lane and Genoa-Red Bluff Road, Clear Lake City, Harris County, Texas; Project Number: 98-0027-F1; Description of Proposed Action: The applicant proposes to extend the existing Space Center Boulevard. The extension will consist of a 100-foot right-of-way, with a center median. The project will impact 4.5 acres of wetlands. The applicant has proposed to provide compensatory mitigation within the Greens Bayou Wetlands Mitigation Bank; Type of Application: U.S.C.O.E. permit application #21155 sec.404 of the Clean Water Act (33 U.S.C.A. sec.sec.125-1387). Applicant: Neumin Production Company; Location: Approximately 2,000 feet north of Morgan Bluff, in wetlands adjacent to the Sabine Rive, in Orange County, Texas; Project Number: 98-0028-F1; Description of Proposed Action: The applicant proposes to repair an existing access road and construct a ring levee and drill pad for the purpose of oil and gas exploration and production. The access road repair would consist of laying boards over the top of the road. The construction of the ring levee would require the excavation of approximately 302 cubic yards of material. Approximately 0.7 acre of wetlands would be impacted, Type of Application: .S.C.O.E. permit application #21166 under sec.10 of the Rivers and Harbors Act of 1899 (33 .S.C.A. 403), and sec.404 of the Clean Water Act (33 U.S.C.A. sec.sec.125-1387). Applicant: Bois d'Arc Operating Corporation; Location: In State Tracts 136, N/2 137, N/2 141, 143, 144 and N/2 160, in Matagorda Bay, in Calhoun and Matagorda Counties, approximately four miles northeast from Port O'Connor, Calhoun County, Texas; Project Number: 98-0030-F1; Description of Proposed Action: The applicant proposes to erect and maintain structures and appurtenances, and flowlines in connection with the drilling of wells for the production of oil and/or natural gas. The structures may be constructed of steel or timber and will include typical marine barges and keyway, derrick platforms, production platforms, gravel or shell pads, protective structures and foundations. Approximately 1,330 cubic yards of shell or gravel will be used to construct drilling pads, if needed, to stabilize rig structures; Type of Application: U.S.C.O.E. permit application #21190 under sec.10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. 403), and sec.404 of the Clean Water Act (33 U.S.C.A. sec.sec.125- 1387). Pursuant to sec.306(d)(14) of the Coastal Zone Management Act of 1972 (16 U.S.C.A. sec.sec.1451-1464), as amended, interested parties are invited to submit comments on whether a proposed action should be referred to the Coastal Coordination Council for review and whether the action is or is not consistent with the Texas Coastal Management Program goals and policies. All comments must be received within 30 days of publication of this notice and addressed to Ms. Janet Fatheree, Council Secretary, 1700 North Congress Avenue, Room 617, Austin, Texas 78701-1495. TRD-9801585 Garry Mauro Chairman, Coastal Coordination Council Coastal Coordination Council Filed: February 4, 1998 Comptroller of Public Accounts Request for Information for Unified Automated Information Processing System Notice of Request for Information: The Comptroller of Public Accounts (Comptroller) announces its Request for Information (RFI) to solicit information from the private and public sectors in determining whether and how to solicit proposals for assistance in the design, development and implementation of a unified automated information processing system for the Property Tax Division (PTD). The new system will replace all or portions of an existing system that includes applications programs in a variety of programming languages on a Hitachi mainframe, an IBM AS/400 minicomputer and various configurations of Pentium processor based personal computers (PC). A client/server environment is desired. The hardware and software included in the new system will be required to be compliant with platforms the Comptroller has designated it will support in long range strategic information resource plans. Before determining whether and how to contract for the development of a system, the Comptroller requests information on client/server systems successfully designed and implemented by respondents. The PTD is responsible for conducting an annual ratio study to estimate the total taxable value of all property within each school district in the state of Texas. The PTD is also responsible for determining the annual level and uniformity of property tax appraisals in each county appraisal district. The school and appraisal district studies are jointly referred to as the Property Value Study (PVS). The PTD is also responsible for yearly publications that summarize PVS and appraisal district data: School & Appraisal Districts' Property Value Study (preliminary and final reports), the Annual Property Tax Report, and the Appraisal District Operations Report. In addition, the PTD responds to numerous information requests from the legislature and taxpayers that require ad hoc analyses of current and prior years' data. The Comptroller seeks information on an integrated system that will combine current AS/400 and PC systems to produce the annual PVS and division publications. The ideal respondent would be able to provide information on client/server systems successfully designed and implemented by respondent and suggest potential hardware and software solutions within the architecture described in RFI. Respondents should address potential solutions to mainframe data conversion. The Comptroller may enter into separate contracts for various project phases such as requirements definition, design specification, application development, AS/400 data conversion and programming services. The complete RFI and related appendices are available on the internet at http://www.window.state.tx.us/comptrol/rfi/rfiptd.html or may be obtained from David R. Brown, Legal Services, Comptroller of Public Accounts, L.B.J. State Office Building, Room #G-24, 111 East 17th Street, Austin, Texas, 78774, (512) 305-8673. Contact: parties interested in submitting a response to the RFI should contact the Comptroller of Public Accounts, Legal Counsel's Office, 111 E. 17th Street, Room #G-24, Austin, Texas 78774, (512) 305-8673. A hard copy of the RFI is available for pick-up at the previously-referenced address on Friday, February 13, 1998, between 4:00 p.m. and 5:00 p.m. Central Zone Time (CZT), and during normal business hours thereafter. The anticipated schedule of events is as follows: Issuance of RFI - February 13, 1998, at 4:00 p.m. (CZT); Written RFI Responses Due - March 16, 1998, 4:00 noon (CZT). TRD-9801570 Walter Muse Legal Counsel Comptroller of Public Accounts Filed: February 4,1998 Office of Consumer Credit Commissioner Notice of Rate Ceilings The Consumer Credit Commissioner of Texas has ascertained the following rate ceilings by use of the formulas and methods described in Articles 1D.003 and 1D.009, Title 79, Revised Civil Statutes of Texas, as amended (Articles 5069- 1D.003 and 1D.009, Vernon's Texas Civil Statutes). The weekly ceiling as prescribed by Art. 1D.003 and 1D.009 for the period of 02/09/98 - 02/15/98 is 18% for Consumer1/Agricultural/Commercial2/credit thru $250,000. The weekly ceiling as prescribed by Art. 1D.003 and 1D.009 for the period of 02/09/98 - 02/15/98 is 18% for Commercial over $250,000. [sup]1Credit for personal, family or household use. [sup]2Credit for business, commercial, investment or other similar purpose. TRD-9801504 Leslie L. Pettijohn Commissioner Office of Consumer Credit Commissioner Filed: February 3, 1998 Texas Department of Criminal Justice Request for Proposals The Texas Department of Criminal Justice - Texas Correctional Industries (TCI) hereby provides notice of Solicitation 696-CI-8-P-006 for business consulting services to examine TCI business practices and provide consultation toward the design, development, and implementation of a business accounting system in accordance with Generally Accepted Accounting Principles (GAAP). This procurement will be conducted in accordance with requirements in Chapter 2254, Texas Government Code. Award will be made on the basis of demonstrated competence and qualifications to perform the services for a fair and reasonable price. TCI anticipates award of a firm fixed price contract on or about April 10, 1998, with a completion date 12 months after contract award. Proposals will be accepted at the following address until 3:00 p.m., March 27, 1998. Agency contact is Kristen West, Contract Administrator, TDCJ Purchasing and Leases, Contracts Branch, P.O. Box 4014, Huntsville, Texas 77342-4014, Phone (409) 294-8668, Fax (409) 294-6986. All requests for a copy of the solicitation must be in writing. Fax requests are acceptable. A Pre-Proposal Conference is scheduled for 10:00 a.m., Tuesday, March 3, 1998, in the conference room at the TDCJ Industry building in Huntsville, Texas. Two factory tours (in the Hunstville area) will be held following the conference. Information on the Pre-Proposal Conference and subsequent factory tours may be obtained through the agency contact previously listed. Issued in Huntsville, Texas, on February 02, 1998. TRD-9801484 Carl Reynolds General Counsel Texas Department of Criminal Justice Filed: February 3, 1998 Texas Education Agency Request for Proposals Concerning Investigating the Feasibility and Cost- Effectiveness of Producing Electronic Textbooks for Students Who are Blind or Have Other Disabilities Eligible Proposers. The Texas Education Agency (TEA) is requesting proposals under Request for Proposals (RFP) #701-98-008 from nonprofit organizations (i.e., exempt under sec.501(C)(3) of the Internal Revenue Code) and institutions of higher education for the development and implementation of a project to investigate the feasibility and cost-effectiveness of producing electronic textbooks for Texas public-school students who are blind or who have other disabilities. For-profit businesses are not eligible to submit a proposal but are eligible to participate in the project as subcontractors as necessary to carry out the objectives of the project. Description. The selected contractor will carry out the following four main tasks: (1) develop accessibility demonstration projects by: (a) producing two directly accessible CD-ROM textbooks for use by students who are blind or who have visual or other disabilities; and (b) producing two fully accessible computer network- based textbooks for use on an internal Texas Intranet or on the World Wide Web. (2) update, expand, and refine the January 1997 Report to the Texas Legislature: Accessibility of Information in Electronic Textbooks for Students Who are Blind or Visually Impaired and assist the Computer Network Study Advisory Committee in integrating the updated accessibility report into the main report on the Computer Network Study Project due to the Texas Legislature by February 1999; (3) coordinate and administer two meetings of the accessibility subcommittee of the Computer Network Study Project Advisory Committee that include reimbursement of travel expenses to subcommittee members; and (4) prepare an interim and a final "Lessons Learned" report on the feasibility and cost-effectiveness of producing electronic textbooks for students who are blind or who have other disabilities. Dates of Project. All services and activities related to this proposal will be conducted within specified dates. Proposers should plan for a starting date of no earlier than May 4, 1998, and an ending date of no later than August 1, 2000. Project Amount. One contractor will be selected to receive a maximum of $200,000 during the contract period. This project is funded 100% from Individuals with Disabilities Education Act (IDEA) federal funds. Selection Criteria. Proposals will be selected based on the ability of each proposer to carry out all requirements contained in this RFP. The TEA will base its selection on, among other things, the demonstrated competence and qualifications of the proposer and upon the reasonableness of the proposed fee. The TEA reserves the right to select from the highest-ranking proposals those that address all requirements in this RFP and that are most advantageous to the project. The TEA is not obligated to execute a resulting contract, provide funds, or endorse any proposal submitted in response to this RFP. This RFP does not commit TEA to pay any costs incurred before a contract is executed. The issuance of this RFP does not obligate TEA to award a contract or pay any costs incurred in preparing a response. Requesting the Proposal. A complete copy of RFP #701-98-008 may be obtained by writing the: Document Control Center, Room 6-108, Texas Education Agency, William B. Travis Building, 1701 North Congress Avenue, Austin, Texas 78701, or by calling (512) 463-9304. Please refer to the RFP number in your request. Further Information. For clarifying information about this RFP, contact Robert Leos or Charles Mayo, Division of Textbook Administration, Texas Education Agency, (512) 463-9601. Deadline for Receipt of Proposals. Proposals must be received in the Document Control Center of the Texas Education Agency by 5:00 p.m. (Central Time), Tuesday, April 7, 1998, to be considered. TRD-9801571 Criss Cloudt Associate Commissioner for Policy Planning and Research Texas Education Agency Filed: February 4, 1998 General Land Office Notice of Public Hearing The Texas General Land Office (GLO) will hold public hearings regarding a proposed rule amendment to 31 TAC sec.19.61 for OSPRA vessels which was published in the January 2, 1998 edition of the Texas Register. The proposed amendment applies to all vessels that carry 10,000 gallons or more of oil as fuel or cargo and that operate in coastal waters, and that are not currently required to have an OPA or IMO vessel-specific discharge prevention and response plan. A schedule of these public hearings is as follows: (1) 6:00 p.m., Tuesday, February 17, 1998, at the Port Arthur Civic Center, Meeting Room F, 3401 Cultural Center Drive, Port Arthur, Texas, 77642; and (2) 6:00 p.m., Wednesday, February 18, 1998, at the University of Houston - Clear Lake, 2700 Bay Area Boulevard, Clear Lake, Texas, 77058. Persons fluent in Spanish and Vietnamese will be available to assist with questions. For further information regarding the hearings, please contact Kate McAfee at (512) 463- 8530 or Ronald Bounds at (512) 463-8188. TRD-9801486 Garry Maro Commissioner General Land Office Filed: February 3, 1998 Request for Qualifications The Texas General Land Office (GLO) has received a grant under the National Coastal Wetlands Grant Program from the United States Department of Interior, Fish and Wildlife Service, for a project to protect and restore certain wetlands and habitat areas of Shamrock Island in Nueces County, Texas. Shamrock Island is the remainder of a recurved barrier spit, separated from Mustang Island by the action of Hurricane Celia in 1970. It serves as a protective barrier for landward habitats on Mustang Island that are subject to erosion and deterioration due to the action of wave, tidal and wind energies. This project is intended to protect and restore wetland habitats that are integral to the Corpus Christi Bay estuarine ecosystem, serve as the nursery grounds for over 95% of the recreational and commercial fish species found in the Gulf of Mexico and provide breeding, nesting, and feeding grounds for many threatened and endangered animal and plant species. Pursuant to Texas Government Code, sec.2254.001 et seq., the GLO is requesting statements of qualifications from professional engineers or engineering firms, licensed in the State of Texas, to serve as GLOþs manager for this project. The chosen manager will be responsible for the following tasks: (1) review of available relevant information concerning coastal processes which affect the causes or the rates of erosion and accretion on the shorelines of Shamrock Island; (2) site visits to Shamrock Island to acquire field information necessary to developing a design for the contemplated project to stabilize the shoreline of the island; (3) meetings with an established advisor group to review the erosion problem and possible solutions; (4) identify and develop detailed design/build specifications, including significant permitting requirements, for three alternative solutions chosen by the advisory group to address the erosion problem; (5) develop criteria to evaluate and select the most responsive design/build proposal submitted by a contractor who will both design and build the erosion response structure; (6) review, evaluate and rank proposals based on the approved criteria; (7) advise and assist the GLO during the process for the selection of and negotiation of a design/build contract with the contractor submitting the chosen proposal; (8) assist with acquisition of necessary permits for the project and oversee the project as the representative of the GLO. Proposals for providing these services will be evaluated on the basis of (i) knowledge and demonstrated experience in performing such services; (ii) ability to perform the required services within the required time constraints; and (iii) demonstrated and projected use of HUB vendors. The award of a contract for these services is contingent upon availability of funding a design/build contract for the Shamrock Island protection and restoration project. The project is estimated to cost between $500,000 and $1,000,000. The recipient of a contract for these management services is ineligible to submit a proposal for the design/build project. The requested services will require the capability of entering into a contract within ten days after completion of the selection process and initiation of work on the project within ten days after the contract award. It is expected that the project will require approximately ten months to complete both the analysis and design/build phases. The provider selected must demonstrate extensive knowledge of the Texas coast and have knowledge and experience working with contractors, as well as other federal and state agencies. GLO reserves the right to evaluate qualifications and experience of all responders, to interview any or all responders, to reject any and/or all responses and to negotiate specific terms of an agreement that is in the best interest of the agency and the state. An informational packet and further information may be obtained by contacting Tom Calnan, by phone at (512) 463-5100 or by FAX to (512) 475-0680. The deadline for the receipt of responses to this request for qualifications of persons interested in providing these services is Friday, February 20, 1998, 10:30 a.m. Responses must be submitted to Mr. Calnan at the GLO Resource Management Division, 1700 North Congress Avenue, Room 617, Austin, Texas, 78701. TRD-9801485 Garry Mauro Commissioner General Land Office Filed: February 3, 1998 General Services Commission Notice of Opportunity to Comment on the Texas Energy Performance Contracting Guidelines for Institutions of Higher Education and State Agencies DESCRIPTION: House Bill 3530 (75th Texas Legislature) directs the State Energy Conservation Office (SECO) and the Texas Energy Coordination Council (TECC) to assist the Texas Higher Education Coordinating Board in establishing guidelines and an approval process for institutions of higher education proposing to enter into energy performance-based contracts. In addition, the bill directs SECO and TECC to provide cost-benefit analyses of the projects and guaranteed savings projections included in energy performance contracting proposals selected by higher education institutions. The bill also requires SECO and TECC to provide cost-benefit analyses of the projects and guaranteed cost savings stipulated in energy performance proposals selected by state agencies. SECO has the added responsibility of providing final review and approval for state agency contracts governing performance contracting relationships. To respond to these directives, SECO and TECC formed a Texas Energy Performance Guideline Committee to provide guidance in identifying and addressing critical steps in the approval process. Committee members are comprised of key stakeholders in the performance contracting process, including representatives of state agencies, institutions of higher education, the Higher Education Coordinating Board, the performance contracting industry, consulting engineers, financing institutions, local governments, TECC, and SECO. The Committee created four subcommittees to develop documents critical to the guideline process: (1) a model Request for Qualifications and Request for Proposals, (2) an energy assessment report format to provide technical documentation for proposed projects and their anticipated cost savings, (3) contract provisions which protect the interest of the client while recognizing the unique aspects of performance contracting, and (4) measurement and verification standards to document the energy savings achieved by projects financed through a "guaranteed savings" arrangement. CONTACT: SECO and TECC now invite public comment on the guidelines produced by the Energy Performance Contracting Committee. A hard copy of the guidelines may be obtained by contacting Tracy Bryson at (512) 463-9768 or Pam Groce at (512) 463-1889 or by writing Ms. Bryson at the General Services Commission State Energy Conservation Office, P. O. Box 13047, Austin, Texas 78711-3047. The guidelines are also available electronically through the following web sites: http://tbei.ces.utexas.edu/ or http://www.gsc.state.tx.us/energy/energy.html. To be considered by the committee, comments must be submitted in writing to Mel Roberts at the previously listed address or by fax (512/475-2569) by March 13, 1998. TRD-9801435 Judy Ponder General Counsel General Services Commission Filed: February 2, 1998 Texas Department of Health Designation of Site Serving Medically Underserved Populations The Texas Department of Health (department) is required under Texas Civil Statutes, Article 4495b, sec.3.06, to designate sites serving medically underserved populations. In addition, the department is required to publish notice of its designations in the Texas Register and to provide an opportunity for public comment on the designations. Accordingly, the department has designated the following as a site serving medically underserved populations: John T. Montford Psychiatric/Medical Unit, 8602 Peach Street, Lubbock, Texas, 79404. Designation is based on proven eligibility as a site serving a disproportionate number of clients eligible for federal, state or locally funded health care programs. Oral and written comments on this designation may be directed to Dora A. McDonald, Chief, Bureau of State Health Data and Policy Analysis, Texas Department of Health, 1100 West 49th Street, Austin, Texas 78756; (512) 458- 7261. Comments will be accepted for 30 days from the publication date of this notice. TRD-9801580 Susan K. Steeg General Counsel Texas Department of Health Filed: February 4, 1998 Notice of Request for Proposals for Survey on Knowledge, Attitudes, and Practices Concerning Breast and Cervical Cancer Purpose. The Texas Department of Health (department) receives funding from the Centers for Disease Control and Prevention to develop, implement and evaluate a breast and cervical cancer screening program. The screening program began in July 1991. Known as the Breast and Cervical Cancer Control Program (BCCCP), the objectives of the program are to: increase the availability and use of high quality breast and cervical cancer screening services among eligible women; identify and reduce financial, educational, and cultural barriers to screening; inform health care providers about the availability and importance of cervical and breast cancer screening, and train them on improved practices; track and follow-up each woman participating in the program; collect information on incidence, mortality, and behavioral risks; develop a comprehensive cancer control plan; and evaluate each component listed in this paragraph. This request for proposal invites applications from governmental, public, or private nonprofit entities that can demonstrate the expertise necessary to carry out the described services to conduct household surveys in four designated counties in Texas. The surveys will be of knowledge, attitudes, and practices of breast and cervical cancer screening among women age 50-64 with low incomes, particularly among African American and Hispanic women. The surveys will assess the following topics: health behaviors related to the frequency of Pap tests, clinical breast examinations, breast self-examinations, and mammography; beliefs, knowledge, and attitudes about breast and cervical cancer; health service use, insurance coverage, usual sources of care, satisfaction, and barriers to care; and sources of health information. The department will award one contract of up to $153,817 to begin on or about April 1, 1998. The contractor will be required to complete at least 1,100 face- to-face interviews among a random sample of women age 50-64 in specified low income areas in four designated counties in Texas as follows: one survey of at least 200 African American women in Harris County; one survey of at least 300 African American women in Gregg County; one survey of at least 300 women randomly selected among all race/ethnic groups in Tarrant County; and one survey of at least 300 women randomly selected among all race/ethnic groups in Lubbock County. Households must be sampled using a representative list such as 1990 census tract or utility hookups. Applicants must describe a method for determining the sample. The department, in collaboration with the contractor, will select the designated areas for conducting the survey and will develop the survey instrument. Data analyses are not required. An electronic data record for each of at least 1100 women interviewed must be delivered to the BCCCP by August 31, 1998. The budget must allow for payment of a fee to respondents for completed interviews. It is expected that each interview will last no less than 30 minutes and no longer than one hour. Proposal Format. Interested parties must submit proposals with the following information: description of experience in conducting household surveys, including surveys with African Americans, people with low incomes and people who speak Spanish as a primary language; description of quality control measures you would use during the survey process and the entering and editing of collected data; description of how you would assure valid data and a high response rate; written goals and objectives, description of tasks to meet these goals and objectives (including pilot testing of the instrument, selection and training of interviewers, household selection process, including pre-screening techniques), and identification of who will complete the tasks and completion dates; list all key personnel for this project including a description of their qualifications, experience, and function.(which may include: knowledge of survey methodologies and techniques; experience in designing, implementing, and conducting household surveys in communities with diverse populations, including racial and ethnic minorities and people with low incomes; curricula vitae of key personnel; and reports representing previous experience may be submitted); and budget and accompanying justification consistent with the objectives and the amount of funds requested. Applicants should provide assurances that the confidentiality of all women interviewed will be preserved by the survey team members. Selection Criteria. A committee composed of department staff and external reviewers will evaluate proposals and make recommendations to the Breast and Cervical Cancer Control Program which will select one for funding. Evaluation and funding will be based on the following criteria (weighted values are in parentheses): evaluation of the applicant's knowledge and experience in conducting surveys (20%); evidence of quality control procedures for the survey process and the entering and editing of the data collected (20%); evidence of ability and capacity to provide a survey with valid data and a high response rate (40%); the submission of a realistic work plan and time line (20%); the submission of a budget that is appropriate for the scope and quality needed for the successful completion of the survey. Closing Date. To request a Request for Proposals Application Packet, contact Mr. Stephen Wright, Public Information Coordinator, Breast and Cervical Cancer Control Program at (800) 452-1955 or (512) 458-7644. The original plus six copies of the proposal must be submitted to Mr. Wright's attention at: Texas Department of Health, Breast and Cervical Cancer Control Program, 1100 West 49th Street, Austin, Texas 78756. Proposals must have a legible postmark dated no later than Friday, March 20, 1998. Hand-delivered packets must be delivered by 5:00 p.m., Central Standard Time, on Friday, March 20, 1998 to the Texas Department of Health, Breast and Cervical Cancer Control Program, Building G, Room 407, 1100 West 49th Street, Austin, Texas 78756. Proposals postmarked later than March 20, 1998, or incomplete proposals will not be evaluated. Faxed copies of proposals will not be accepted. TRD-9801591 Susan K. Steeg General Counsel Texas Department of Health Filed: February 4, 1998 Health and Human Services Commission Final Adoption of Medicaid Provider Payment Rates As single state agency for the state Medicaid program, the Health and Human Services Commission announces final adoption of Medicaid provider payment rates for the nursing facilities program operated by the Texas Department of Human Services. Payment rates effective January 1, 1998, are as follows: [figure 1] [figure 2] Methodology and justification. The final adopted rates were determined in compliance with the rate setting methodology codified at 1 T.A.C. Chapter 355, Subchapter C (relating to Reimbursement Methodology for Nursing Facilities), sec.355.307. TRD-9801572 Marina Henderson Executive Deputy Commissioner Health and Human Services Commission Filed: February 4, 1998 Notice of Public Hearing The Health and Human Services Commission, the Texas Department of Human Services, the Texas Department of Health and the Texas Department of Mental Health and Mental Retardation will conduct a public hearing to receive public comment for use in developing the State Plan for the Children's Health Insurance Program (CHIP) pursuant to Title XXI of the Social Security Act. The topics discussed will include: Scope of benefits package, outreach and health promotion activities, quality assurance and program performance goals and measures; and maximizing parental participation. Information gathered in this hearing process will be used to formulate a draft plan for implementation of CHIP. Final policy decisions on the Children's Health Insurance Program will be made by the Legislature and Governor. In order to facilitate participation by working parents, the hearing will be held on February 24, 1998 beginning at 4:00 p.m. in the Capitol Auditorium, State Capitol Extension, 15th and Congress Streets, Austin, Texas. Written comments may be submitted to the Health and Human Services Commission until 5:00 p.m. of the day of the hearing. Please address written comments to the attention of Holly Williams at 4900 North Lamar, 4th Floor, Austin, Texas 78751. Persons with disabilities who wish to attend the hearing and require auxiliary aids or services should contact Holly Williams (512) 424-6502 by February 15, 1998, so that appropriate arrangements can be made. TRD-9801569 Marina Henderson Executive Deputy Commissioner Health and Human Services Commission Filed: February 4, 1998 Texas Department of Housing and Community Affairs Announcement of Texas Department of Housing and Community Affairs Board Public Hearing for the 1998 State of Texas Low Income Housing Plan and Annual Report - Draft For Public Comment In compliance with the Texas Government Code, sec.2306.0721, the Board of Directors of the Texas Department of Housing and Community Affairs (TDHCA) shall hold a public hearing on the 1998 State Low Income Housing Plan and Annual Report Draft for Public Comment before the Board submits the report and the plan to the governor, lieutenant governor, speaker of the house of representatives and members of the legislature. The Board public hearing concerning the 1998 State Low Income Housing Plan and Annual Report Draft for Public Comment will take place in Laredo at the La Posada Hotel Suites, 1000 Zaragoza Street, (956) 722-1701, on February 22nd, 1998, at 4:00 p.m. The Plan is one of three comprehensive planning documents the Texas Department of Housing and Community Affairs is required to submit annually. It is the first document of its kind among the states and is a comprehensive and integrated plan concerning statewide housing needs, housing resources and patterns of funding allocation. The Plan serves in the following capacities: provides an overview of statewide housing needs; reports on the approximately 25 programs administered by TDHCA; provides the TDHCA's housing programs funding levels; and reports on the Department's activities during the preceding year. The public comment period for the 1998 State Low Income Housing Plan and Annual Report Draft for Public Comment which began on January 25th, 1998 continues until February 25th, 1998. The Plan is free to nonprofit corporations, but there will be a $10.00 charge for for-profit corporations. To order, please contact the Texas Department of Housing and Community Affairs, Housing Resource Center, P.O. Box 13941, Austin TX, 78711-3941, Phone: (512) 475-4595, Fax: (512) 475- 3746, or email at clandry@genesis.tdhca.state.tx.us. Individuals who require auxiliary aids or services should contact Margaret Donaldson, ADA Responsible Employee, at (512) 475-3100, or Relay Texas at 1-800- 735-2989, at least two days before the public hearing so that appropriate arrangements can be made. Written comment is encouraged and should be sent to the Texas Department of Housing and Community Affairs, Housing Resource Center, P.O. Box 13941, Austin TX 78711-3941 or email at clandry@tdhca.state.tx.us. For more information, please contact the Housing Resource Center at (512) 475-4595. TRD-9801558 Larry Paul Manley Executive Director Texas Department of Housing and Community Affairs Filed: February 3, 1998 Notice of Funding Availability LOW INCOME HOUSING TAX CREDIT PROGRAM NOTICE OF 1998 APPLICATION AVAILABILITY AND WORKSHOP SCHEDULE APPLICATION AVAILABILITY The Texas Department of Housing and Community Affairs (the Department) announces the availability of application packages for the Low Income Housing Tax Credit Program's 1998 allocation round. The Department has approximately $21 million of tax credit authority available for allocation. A completed application must be submitted to the Department within the Application Acceptance Period. Applications are only accepted during this established period. The application acceptance period for the 1998 allocation round has been tentatively scheduled for: March 16 - Application Acceptance Period Opens March 27 - Application 2 PT. Bonus Period Ends April 30 - Application Acceptance Period Closes These dates are subject to change. The final dates will be formally announced in the Texas Register. Tax credit allocation recipients are prioritized through a competitive process. Applications receiving the highest priority are then subject to feasibility and viability studies, after which the Board of Directors considers staff's allocation recommendations. APPLICATION WORKSHOPS Each year the LIHTC Program holds training workshops to facilitate the completion of the Application. Because the Application is a lengthy document which requires a large amount of supplemental information, it is critical that the Applicant understands what information is being requested and what documentation is required to satisfy the various exhibits. Because some sections of the Application have a "cliff effect" (automatic exclusion of the Application from consideration), attendance of the workshop is strongly encouraged. REQUESTING AN APPLICATION AND REGISTERING FOR A WORKSHOP If you are interested in receiving a copy of the 1998 tax credit application package and/or attending an application workshop you may contact our office at (512) 475-3340. TRD-9801560 Larry Paul Manley Executive Director Texas Department of Housing and Community Affairs Filed: February 4, 1998 Notice of Public Hearing for the Texas Department of Housing and Community Affairs Multifamily Housing Revenue Bonds (Pebble Brook Apartments Project) Series 1998 Notice is hereby given of a public hearing to be held by the Texas Department of Housing and Community Affairs ("the Department") at 507 Sabine Street, Room 437, Austin, Texas at 12:00 p.m. on Thursday, February 26, 1998, with respect to the issuance by the Texas Department of Housing and Community Affairs of its multifamily housing revenue bonds (Pebble Brook Apartments Project) Series 1998 (the "Bonds"), in one or more series in an aggregate principal amount not to exceed $10,900,000. The proceeds of the Bonds will be loaned to One Pebble Brook, Ltd., which will be the initial owner, operator and manager of the Project (defined as follows), to finance the acquisition, construction and equipping of one multifamily residential rental project, described as follows: 250-unit multifamily residential rental development to be constructed at the at the intersection of McKinney Street and Loop 288, Denton, Texas, 76201; (the "Project") All interested parties are invited to attend such public hearing to express their views with respect to the Project and the issuance of the Bonds. Questions or requests for additional information may be directed to Robert Onion at the Texas Department of Housing and Community Affairs, 507 Sabine, Austin, Texas 78701; (512) 475-3872. Persons who intend to appear at the hearing and express their views are invited to contact Robert Onion in writing in advance of the hearing. Any interested persons unable to attend the hearing my submit their views in writing to Robert Onion prior to the date scheduled for the hearing. This notice is published and the previously-described hearing is to be held in satisfaction of the requirements of Section 147(f) of the Internal Revenue Code of 1986, as amended, regarding the public approval prerequisite to the exemption from federal income taxation of the interest of the Bonds. Individuals who require auxiliary aids in order to attend this meeting should contact Margaret Donaldson, ADA Responsible Employee, at (512) 475-3100 or Relay Texas at 1-800- 735-2989 at least two days before the meeting so that appropriate arrangements can be made. Individuals who require child care to be provided a this meeting should contact Dina Gonzalez at (512) 475-3757 at least five days before the meeting so that appropriate arrangements can be made. TRD-9801581 Larry Paul Manley Executive Director Texas Department of Housing and Community Affairs Filed: February 4, 1998 Notice of Public Hearing for the Texas Department of Housing and Community Affairs Multifamily Housing Revenue Bonds (Residence at the Oaks Apartments Project) Series 1998 Notice is hereby given of a public hearing to be held by the Texas Department of Housing and Community Affairs ("the Department") at 507 Sabine Street, Room 437, Austin, Texas at 12:00 p.m. on Thursday, March 5, 1998, with respect to the issuance by the Texas Department of Housing and Community Affairs of its Multifamily Housing Revenue Bonds (Residence at the Oaks Apartment Project) Series 1998 (the "Bonds"), in one or more series in an aggregate principal amount not to exceed $8,100,000. The proceeds of the Bonds will be loaned to Comunidad Corporation which will be the initial owner, operator and manager of the project (defined as follows), to finance the acquisition, construction and equipping of one multifamily residential rental project, described as follows: 212 unit multifamily residential rental development to be constructed at 2700 Duncanville Road, Dallas, Texas 75211 (the "Project"). All interested parties are invited to attend such public hearing to express their views with respect to the Project and the issuance of the Bonds. Questions or requests for additional information may be directed to Robert Onion at the Texas Department of Housing and Community Affairs, 507 Sabine, Austin, Texas 78701; (512) 475-3872. Persons who intend to appear at the hearing and express their views are invited to contact Robert Onion in writing in advance of the hearing. Any interested persons unable to attend the hearing my submit their views in writing to Robert Onion prior to the date scheduled for the hearing. This notice is published and the previously-described hearing is to be held in satisfaction of the requirements of Section 147(f) of the Internal Revenue Code of 1986, as amended, regarding the public approval prerequisite to the exemption from federal income taxation of the interest of the Bonds. Individuals who require auxiliary aids in order to attend this meeting should contact Margaret Donaldson, ADA Responsible Employee, at (512) 475-3100 or Relay Texas at 1 800 735-2989 at least two days before the meeting so that appropriate arrangements can be made. Individuals who require child care to be provided a this meeting should contact Dina Gonzalez at (512) 475-3757 at least five days before the meeting so that appropriate arrangements can be made. TRD-9801582 Larry Paul Manley Executive Director Texas Department of Housing and Community Affairs Filed: February 4, 1998 Texas Department of Human Services Request for Proposal Request for Proposal (RFP): The Texas Department of Human Services (DHS) is requesting proposals (RFP) from providers for the delivery of Medicaid home and community- based services provided through the Community Living Assistance and Support Services (CLASS) program. To be eligible to contract with the department, a direct services agency must be licensed by the Texas Department of Health as a home and community support services (HCSS) agency under the categories of licensed home health and personal assistance services, be selected in the RFP process, be enrolled and certified as a CLASS provider, and complete mandatory CLASS provider agency training. Texas Register Publication Date: This announcement should appear in the Texas Register on February 13, 1998. Purpose: The purpose of this RFP is to meet the department's requirements for periodic re-procurement of CLASS providers and to offer participants a choice of providers. Description of Services: The direct services agency is responsible for delivering the following services in accordance with the individual service plan: personal care and habilitation services, nursing services, physical therapy, occupational therapy and speech pathology services, respite, psychological services, adaptive aids and minor home modifications. CLASS participants are also eligible for the full range of Medicaid benefits. Direct services agency representatives participate in the assessment and care planning functions of the interdisciplinary team and work in a cooperative relationship with the case management agencies. Geographic Area: The department intends to contract for the delivery of CLASS services to the following number of individuals in the following service areas/counties: 62 individuals in the Lubbock area (Lubbock/Crosby/Floyd/Hale/Hockley/Lamb counties). Closing Date and Time: Proposals must be received by the department by 5:00 p.m. on Friday, April 3, 1998. Contact Person for RFP: To obtain a Request for Proposal packet, please write Jessie Hood, Administrative Technician, CLASS Program, Texas Department of Human Services, 701 West 51st Street (Mail Code W-521, Austin, Texas 78751), P.O. Box 149030, Mail Code W- 521, Austin, Texas 78714-9030. You may call Jessie Hood at (512) 438-5658 or fax a request to (512) 438-5133. The RFP packet will be available on Monday, February 16, 1998. Bidders' Questions/Inquiries: Bidders must submit questions pertaining to the RFP and/or the CLASS program, in writing, to DHS to the attention of Jessie Hood at the address or fax number above. All questions must be received by DHS by 5:00 p.m. on Friday, February 27, 1998. Historically underutilized businesses, public or private profit, with demonstrated knowledge, competence and qualifications in performing these services are encouraged to apply. TRD-9801556 Glenn Scott Agency Liaison Texas Department of Human Services Filed: February 3, 1998 Request for Proposal (RFP): The Texas Department of Human Services (TDHS) is requesting proposals from providers for the delivery of case management services provided through the Community Living Assistance and Support Services (CLASS) program. To be eligible to contract with the department, a case management agency must be selected in the RFP process, be enrolled as a CLASS provider, and attend and complete mandatory CLASS provider agency training. Texas Register Publication Date: This announcement should appear in the Texas Register on February 13, 1998. Purpose: The purpose of this RFP is to meet the department's requirements for periodic re-procurement of CLASS providers and to offer participants a choice of providers. Description of Services: A case management agency enrolls participants in the CLASS program and is the focal point for developing service plans, coordinating services, and tracking participant progress. The case manager convenes the interdisciplinary team (IDT) that is responsible for developing the plan of care and assures that services are consistent with the needs and preferences of the individual participant. Case managers further assist in the identification and development of appropriate community resources, crisis intervention, advocacy, and safeguarding individual rights. The case manager works in a cooperative relationship with the direct services agency which delivers home and community- based services. Geographic Area: The department intends to contract for the delivery of CLASS services to the following number of individuals in the following service areas/counties: 62 individuals in the Lubbock area (Lubbock/Crosby/Floyd/Hale/Hockley/Lamb counties). Closing Date and Time: Proposals must be received by the department by 5:00 p.m. on Friday, April 3, 1998. Contact Person for RFP: To obtain a Request for Proposal packet, please write Jessie Hood, Administrative Technician, CLASS Program, Texas Department of Human Services, 701 W. 51st Street (Mail Code W-521, Austin, TX 78751), P.O. Box 149030, Mail Code W- 521, Austin, Texas 78714-9030. You may call Jessie Hood at (512) 438-5658 or fax a request to (512) 438-5133. The RFP packet will be available on Monday, February 16, 1998. Bidder's Questions/Inquiries: Bidders must submit questions pertaining to the RFP and/or the CLASS program, in writing, to DHS to the attention of Jessie Hood at the address or fax number above. All questions must be received by DHS by 5:00 p.m. on Friday, February 27, 1998. Historically underutilized businesses, public or private profit, with demonstrated knowledge, competence and qualifications in performing these services are encouraged to apply. TRD-9801557 Glenn Scott Agency Liaison Texas Department of Human Services Filed: February 3,1998 Texas Department of Insurance Notices of Public Hearings The Commissioner of Insurance will hold a public hearing under Docket Number 2338 on March 25, 1998, at 9:00 a.m., in Room 100 of the William P. Hobby, Jr. State Office Building, 333 Guadalupe Street in Austin, Texas, to consider a petition by the staff of the Texas Department of Insurance proposing amendments to the Texas Private Passenger Automobile Statistical Plan. The amendment in the staff petition which adds a field to gather statistical experience on the use of the youth group member discount is necessary to implement Article 5.03-5 of the Texas Insurance Code, enacted through House Bill 1498 passed by the 75th Legislature, which provides that an insurer may grant a discount for certain automobile insurance premiums for members of certain youth groups if necessary qualifications are met. Amendments are also proposed to an existing field to distinguish between youth driver training commercially provided and parent or guardian provided training. This proposal is the result of comments heard at a January 29, 1998 hearing in which a premium discount was approved for parent or guardian provided youth driver training. Staff's petition (Reference A-0298-02- I) was filed on February 3, 1998. The petition proposes amendments to the Texas Private Passenger Automobile Statistical Plan to add a field to gather statistical experience on the use of the "youth group member" discount and to add additional codes to an existing field, "driver training discount", to distinguish between data concerning commercially provided and parent or guardian provided youth driver training. These amendments will only affect the Quarterly Detailed Experience module of the Texas Private Passenger Automobile Statistical Plan. The Commissioner has jurisdiction of this matter pursuant to the Insurance Code, Articles 5.96 and 21.69. Copies of the full text of the staff petition and the proposed amendments are available for review in the Office of the Chief Clerk of the Texas Department of Insurance, 333 Guadalupe Street, Austin, Texas, 78714-9104. For further information or to request copies of the petition and proposed amendments, please contact Sylvia Gutierrez at (512) 463-6326 (refer to Reference Number A-0298-02- I). Comments on the proposed changes must be submitted in writing within 30 days after publication of the proposal in the Texas Register to the Office of the Chief Clerk, P.O. Box 149104, MC113-2A, Austin, Texas 78714-9104. An additional copy of the comment should be submitted to C.H. Mah, Associate Commissioner for Technical Analysis, P.O. Box 149104, MC105-5G, Austin, Texas 78714-9104. This notification is made pursuant to the Insurance Code, Article 5.96, which exempts action taken under this article from the requirements of the Administrative Procedure Act (Government Code, Title 10, Chapter 2001). TRD-9801593 Bernice Ross Deputy Chief Clerk Texas Department of Insurance Filed: February 4, 1998 The Commissioner of Insurance will hold a public hearing under Docket Number 2339 on March 25, 1998, at 9:00 a.m., in Room 100 of the Texas Department of Insurance Building, 333 Guadalupe Street in Austin, Texas, to consider a petition by the staff of the Texas Department of Insurance proposing amendments to the Texas Statistical Plan for Residential Risks. The proposed changes are necessary in order to comply newly adopted discounts for wind and hail resistant roofing materials and to include the ability to capture greater levels of detail as to the cause of loss for claims. Staff's petition (Reference P-0298-03-I) was filed on February 3, 1998. The petition proposes amendments to the Texas Statistical Plan for Residential Risks to add fields for roof construction, hail resistant roof premium discounts, and cause of losses. The Commissioner has jurisdiction of this matter pursuant to the Insurance Code, Articles 5.96 and 21.69. Copies of the full text of the staff petition and the proposed amendments are available for review in the Office of the Chief Clerk of the Texas Department of Insurance, 333 Guadalupe Street, Austin, Texas, 78714-9104. For further information or to request copies of the petition and proposed amendments, please contact Sylvia Gutierrez at (512) 463-6326 (refer to Reference Number P-0298-03- I). Comments on the proposed changes must be submitted in writing within 30 days after publication of the proposal in the Texas Register to the Office of the Chief Clerk, P.O. Box 149104, MC113-2A, Austin, Texas 78714-9104. An additional copy of the comment should be submitted to C.H. Mah, Associate Commissioner for Technical Analysis, P.O. Box 149104, MC105-5G, Austin, Texas 78714-9104. This notification is made pursuant to the Insurance Code, Article 5.96, which exempts action taken under this article from the requirements of the Administrative Procedure Act (Government Code, Title 10, Chapter 2001). TRD-9801594 Bernice Ross Deputy Chief Clerk Texas Department of Insurance Filed: February 4, 1998 The Commissioner of Insurance at a hearing scheduled under Docket Number 2337 on March 25, 1998 at 9:00 a.m. in Room 100 of the William P. Hobby Jr., State Office Building, 333 Guadalupe Street in Austin, Texas, will consider the petition of Gary L, Wickert of Hughes, Watters & Askanase, L. L. P. The petition seeks the adoption of amendments to Endorsement WC 42 03 04-Texas Waiver of Our Right to Recover From Others Endorsement as contained in the Texas Basic Manual of Rules, Classifications and Experience Rating Plan for Workers' Compensation and Employers' Liability Insurance. The proposed changes to the endorsement specify that the existence of a waiver of subrogation endorsement waives only the claim for past benefits paid, not its right to a statutory credit. The Commissioner has jurisdiction of this matter pursuant to the Insurance Code, Article 5.56, 5.57, and 5.96. A copy of the petition containing the full text of the proposed changes to the Texas Waiver of Our Right to Recover From Others Endorsement is available for review in the Office of the Chief Clerk of the Texas Department of Insurance, 333 Guadalupe Street, Austin, Texas 78714-9104. For further information or to request copies of the petition, please contact Angie Arizpe at (512) 322-4147, (refer to Reference No. W-1297-42). This notification is made pursuant to the Insurance Code, Article 5.96, which exempts action taken under this article from the requirements of the Administrative Procedure Act (Government Code, Title 10, Chapter 2001). TRD-9801592 Bernice Ross Deputy Chief Clerk Texas Department of Insurance Filed: February 4, 1998 Third Party Administrator Applications The following third party administrator (TPA) applications have been filed with the Texas Department of Insurance and are under consideration. Application for admission to Texas of Life of the South Insurance Company, a foreign third party administrator. The home office is Nashville, Georgia. Application for admission to Texas of Risk Enterprise Management Limited, a foreign third party administrator. The home office is Dover, Delaware. Any objections must be filed within 20 days after this notice was filed with the Secretary of State, addressed to the attention of Charles M. Waits, MC 107-5A, 333 Guadalupe, Austin, Texas 78714-9104. TRD-9801555 Bernice Ross Deputy Chief Clerk Texas Department of Insurance Filed: February 3, 1998 Texas State Library and Archives Commission Quarterly Report of Consultant Contract Reports By law (V.T.C.A., Government Code 2254, Subchapter B), state agencies and regional councils of governments are required to file with the Office of the Secretary of State invitations to bid and details on bidding on private consultant contracts expected to exceed $10,000. Within 10 days of the award of the contract, the agency must file with the Secretary of State a description of the study to be conducted, the name of the consultant, the amount of the contract, and the due dates of the reports. Additionally, sec.2254.036, directs the contracting agencies to file copies of all documents, films, recordings, or reports developed by the private consultants with the Texas State Library. The Library is required to compile a list of the materials received and submit the list quarterly for publication in the Texas Register. Below is a list of materials received for the fourth quarter of 1997. These materials may be examined in Room 300, Texas State Library, 1201 Brazos Street, Austin, Texas. Agency: Office of Attorney General Consultant: David M. Griffith and Associates, Ltd. Title: State of Texas Office of the Attorney General legal billing rates, actual FY 1996; [and] Cost allocation plan for the State of Texas Office of the Attorney General legal billing rates for FY 1998 Agency: Comptroller of Public Accounts Consultant: Deloitte & Touche LLP Title: Management and performance review of the Texas State Treasury Agency: Department of Economic Development/Department of Commerce Consultant: David M. Griffith & Associated, LTD Title: (1) Cost allocation plan for Texas Department of Commerce: indirect cost proposal for FY 1996, based on actual expenditures for the fiscal year ending August 31, 1994; (2) Cost allocation plan for Texas Department of Commerce : indirect cost proposal for FY 1997, based on actual expenditures for the fiscal year ending August 31, 1995; (3) Cost allocation plan for Texas Department of Commerce : indirect cost proposal for FY 1997, based on actual expenditures for the fiscal year ending February 28, 1996; Agency: Employees Retirement System Consultant: Wolcott & Associates, Inc. Title: Report on the audit of insurance carrier operations regarding the Texas Employees Uniform Group Insurance Program, contract number 38000, 38000-A and 38000-B, for the period of September 1, 1995 through August 31, 1996 Agency: Employees Retirement System Consultant: Wolcott & Associates, Inc. Title: Report on the audit of health maintenance organizations for the period of September 1, 1995 through August 31, 1996 Agency: Department of Health Consultant: Texas Medical Foundation Title: External quality review for the Texas Department of Health : Medicaid Managed- Care Demonstration project in Travis County (HMO model) : final report Agency: Department of Health Consultant: The Lewin Group, Inc. Title: Texas Medicaid managed care rollout projections for state fiscal years 1997 through 2002 Agency: Department of Information Resources Consultant: IBM Corporation Government Consulting Group Title: Final report : Texas Department of Criminal Justice reengineering phase I Agency: Department of Information Resources Consultant: Spectrum Consulting Group Title: Year 2000 Project Office plan development deliverables Agency: Natural Resource Conservation Commission Consultant: Gelb Consulting Group Title: Texas Consolidated Reporting Project : Stakeholder Needs Assessment TRD-9801277 Raymond Hitt Assistant State Librarian Texas State Library and Archives Commission Filed: January 28, 1998 Texas Natural Resource Conservation Commission Comment Period Extension The Texas Natural Resource Conservation Commission has extended the deadline for the receipt of written comments regarding proposed amendments to 30 TAC Chapter 37, concerning Financial Assurance, and Chapter 330, concerning Management of Used or Scrap Tires. The proposed rules were published in the January 2, 1998 issue of the Texas Register (23 TexReg 54). The deadline for receipt of written comments was initially published as February 2, 1998. That deadline has now been extended to 5:00 p.m. February 17, 1998. Any additional comments on this proposal should be mailed to Heather Evans, Office of Policy and Regulatory Development, MC 205, P.O. Box 13087, Austin, Texas 78711-3087, or faxed to (512) 239-4808. For further information please contact Paige Buechley, Waste Tire Program at (512) 239-6704. TRD-9801521 Kevin McCalla Director, Legal Division Texas Natural Resource Conservation Commission Filed: February 3, 1998 Consultant Contract Amended Notice Notice. The deadline for submitting proposals is extended until 3:00 p.m., central standard time on February 27, 1998, at the mail room of the Texas Natural Resource Conservation Commission (TNRCC), Technical Park Center, 12100 Park 35 Circle, Building A, Room 122, Austin, Texas 78753. ANY ADDITIONAL NOTICES OF EXTENSION OR OTHER MATTERS REGARDING THIS CONTRACT WILL BE SENT TO PERSONS WHO REQUEST COPIES OF THE RFP. Original Notice of the RFP was published on February 6, 1998. Summary of Previous Notice of Request for Proposals. The TNRCC is seeking Proposals to contract for employment consulting services. The work consists of a combination of services, including advising the agency on recruiting, screening, and referring qualified candidates to fill a variety of employee positions statewide within the TNRCC. A more detailed description of the work is provided in the Contract Documents. Proposals will include a statement of qualifications and experience, a proposed fee, and other material. Objective criteria stated in Request for Proposals (RFP) will be utilized to evaluate and score each proposal. The proposals will be ranked on the basis of the evaluation scores. TNRCC will negotiate contract terms with the highest ranking proposer until agreement or impasse, continuing down the ranking as necessary. Note: change for contact to obtain Request for Proposals: Sylvia Martinez, Human Resources Division, 12100 Park 35 Circle, Building A, Austin, Texas 78758, (512) 239-0160 (voice) or (512) 239-0168 (facsimile). Written paper requests for the Contract Documents may be sent via regular mail or United States Postal Service Express Mail to: Sylvia Martinez, Human Resources Division, MC 116, P.O. Box 13087, Austin, Texas 78711-3087. Packages will be mailed to the Proposer by regular mail if requested by Proposer in writing either by facsimile trasmission or on paper medium delivered in person or by mail or courier. Proposers who wish to have packages sent by express mail should include in their request the account number of their preferred express mail delivery service. The Contract Documents include, but are not limited to, the Notice of Request for Proposals, Instructions for Proposers, Additional Deliverables and Certifications, Agreement, General Conditions, and Scope of Services. A complete list of Contract Documents is provided in the Agreement. TRD-9801605 Kevin McCalla Director, Legal Division Texas Natural Resource Conservation Commission Filed: February 4, 1998 Enforcement Orders An agreed order was entered regarding HOUGH, ROBERT S. DBA TIRE DISPOSAL OF EL PASO, Docket Number 96-0790-MSW-E (SWR Numbers 26000, 44137, 79026) on January 27, 1998 assessing $89,680 in administrative penalties with $79,680 deferred. Information concerning any aspect of this order may be obtained by contacting Mary Risner, Staff Attorney at (512) 239-6224 or John Mead, Enforcement Coordinator at (512) 239-6010, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087. An agreed order was entered regarding AMERICAN ECOLOGY ENVIRONMENTAL SERVICES CORP., Docket Number 96-1533-MLM-E (Account Number SK-0057-E; SWR No. 32123) on January 27, 1998 assessing $71,700 in administrative penalties with $71,700 deferred. Information concerning any aspect of this order may be obtained by contacting Bill Ballard, Staff Attorney at (512) 239-3420 or Mohammed Moheeth, Enforcement Coordinator at (512) 239-2262 or Suzanne Walrath, Enforcement Coordinator at (512) 239-2134, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087. An order was entered regarding PATEL NIRANJIN S. DBA CARABAN MOTOR MOTEL, Docket Number. 96-1605-MWD-E, SOAH Docket Number 582-97-0711 (Permit No. 11403-001) on January 27, 1998 assessing $19,420 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Guy Henry, Staff Attorney at (512) 239-0600 or Bill Main, Enforcement Coordinator at (512) 239-4481, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087. An order was entered regarding ALLPHAZ COATINGS, INC., Docket Number 96-1291- AIR-E, SOAH Docket Number 582-97-1204 (Account Number OC-0322-V) on January 27, 1998 assessing $9,300 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Booker Harrison, Staff Attorney at (512) 239-4113 or Larry King, Enforcement Coordinator at (512) 239-1405, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087. An agreed order was entered regarding RANGER EXCAVATING, INCORPORATED, Docket Number 97-0226-AIR-E (Account Number TH-0646-D) on January 27, 1998 assessing $6,000 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Kara Salmanson, Staff Attorney at (512) 239-1738 or Tel Croston, Enforcement Coordinator at (512) 239-5717, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087. An agreed order was entered regarding SMITH SYSTEM MANUFACTURING COMPANY, Docket Number 97-0789-AIR-E (Account Number CP-0005-U) on January 27, 1998 assessing $4,250 in administrative penalties with $850 deferred. Information concerning any aspect of this order may be obtained by contacting David Edge, Enforcement Coordinator at (512) 239-1779, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087. An agreed order was entered regarding TRIBY AUTO SALES, Docket Number 97-0742- AIR-E (Account Number EE-1561-O) on January 27, 1998 assessing $500 in administrative penalties with $100 deferred. Information concerning any aspect of this order may be obtained by contacting Stacy Young, Enforcement Coordinator at (512) 239-1899, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087. An agreed order was entered regarding IBP, INCORPORATED, Docket Number 97-0578- IWD-E (Permit Number 01958) on January 27, 1998 assessing $64,000 in administrative penalties with $12,800 deferred. Information concerning any aspect of this order may be obtained by contacting Paul Sarahan, Staff Attorney at (512) 239-3422, or Sabelyn Pussman, Enforcement Coordinator at (512) 239-6061, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087. An agreed order was entered regarding HECTOR GARCIA, Docket Number 97-0521-OSI-E (Certification Number 1079) on January 27, 1998 assessing $1,250 in administrative penalties with $250 deferred. Information concerning any aspect of this order may be obtained by contacting Merrilee Mears, Enforcement Coordinator at (512) 239-4490, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087. An agreed order was entered regarding LOOP 1604 GROUP, Docket Number 97-0413- EAQ-E (No Permit Number)on January 27, 1998 assessing $18,160 in administrative penalties with $3,632 deferred. Information concerning any aspect of this order may be obtained by contacting Pamela Campbell, Enforcement Coordinator at (512) 239-4493, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087. An agreed order was entered regarding JOINT CITIES AND CRESTMORE, INCORPORATED, Docket Number 97-0522-MSW-E (MSW NO 505)on January 27, 1998 assessing $10,560 in administrative penalties with $2,112 deferred. Information concerning any aspect of this order may be obtained by contacting Tim Haase, Enforcement Coordinator at (512) 239-6007, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087. An agreed order was entered regarding TRI-STATE CHEMICALS, INCORPORATED, Docket Number. 97-0665-IHW-E (TNRCC F Number F0094) on January 27, 1998 assessing $3920 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Ravi Rao, Enforcement Coordinator at (512) 239-2559, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087. An agreed order was entered regarding NORTH EAST INDEPENDENT SCHOOL DISTRICT, Docket Number 97-0199-MSW-E (Unauthorized Site Number 455130033) on January 27, 1998 assessing $8,580 in administrative penalties with $1,716 deferred. Information concerning any aspect of this order may be obtained by contacting Eric Adidas, Enforcement Coordinator at (512) 239-6736, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087. An agreed order was entered regarding D-S-M DAIRY FARMS, INCORPORATED, Docket Number 97-0735-AGR-E (No Permit No.) on January 27, 1998 assessing $1,860 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Michael Meyer, Enforcement Coordinator at (512) 239-4492, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087. An agreed order was entered regarding WEBB, COUNTY OF, Docket Number 97-0490- MWD-E (Permit Number 13577-001) on January 27, 1998 assessing $6,400 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Michael Meyer, Enforcement Coordinator at (512) 239-4492, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087. An agreed order was entered regarding MARLIN, CITY OF, Docket Number 97-0335- MWD-E (Permit Number 10110-002) on January 27, 1998 assessing $11,360 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Lin Zhang, Enforcement Coordinator at (512) 239-4497, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087. An agreed order was entered regarding EDNA, CITY OF, Docket Number 97-0167-MWD-E (Permit Number 10164-001) on January 27, 1998 assessing $11,520 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Greg Warmink, Staff Attorney at (512) 239-0612 Mary Smith, Enforcement Coordinator at (512) 239-4484, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087. An agreed order was entered regarding KINGSVILLE, CITY OF, Docket Number 97- 0414-MWD-E (Permit Number 10696-002) on January 27, 1998 assessing $14,240 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Merrilee Mears, Enforcement Coordinator at (512) 239-4490 Greg Warmink, Staff Attorney at (512) 239-0612, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087. An agreed order was entered regarding GRAFORD, CITY OF, Docket Number 97-0848- MWD-E (Permit Number 10722-001) on January 27, 1998. Information concerning any aspect of this order may be obtained by contacting Lin Zhang, Enforcement Coordinator at (512) 239-4497, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087. An agreed order was entered regarding CHRISTIAN TABERNACLE, Docket Number 97- 0461-MWD-E (Permit Number 13581-001) on January 27, 1998 assessing $3,120 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Bill Main, Enforcement Coordinator at (512) 239-4481, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087. An agreed order was entered regarding MARTIN REALTY AND LAND, INCORPORATED, Docket Number 97-0462-MWD-E (Permit Number 12621-001) on January 27, 1998 assessing $2,160 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Bill Main, Enforcement Coordinator at (512) 239-4481, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087. An agreed order was entered regarding NEW SUMMERFIELD, CITY OF, Docket Number 97-0336-MWD-E (Permit Number 13585-001) on January 27, 1998 assessing $2,918 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Bill Main, Enforcement Coordinator at (512) 239-4481, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087. An agreed order was entered regarding HUGHES SPRINGS, CITY OF, Docket Number 97- 0488-MWD-E (Permit Number 10415-001) on January 27, 1998 assessing $1,440 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Bill Main, Enforcement Coordinator at (512) 239-4481, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087. An agreed order was entered regarding NORTHEAST TEXAS COMMUNITY COLLEGE, Docket Number 97-0628-MWD-E (No TNRCC Permit) on January 27, 1998 assessing $600 in administrative penalties with $120 deferred. Information concerning any aspect of this order may be obtained by contacting Gilbert Angelle, Enforcement Coordinator at (512) 239-4489, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087. An agreed order was entered regarding SUNBELT FRESH WATER SUPPLY DISTRICT, Docket Number 97-0463-MWD-E (Permit Number 11670-001) on January 27, 1998 assessing $1,920 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Bill Main, Enforcement Coordinator at (512) 239-4481, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087. An agreed order was entered regarding ROBERT LEE, CITY OF, Docket Number 97- 0360-MWD-E (Permit Number 10603-002) on January 27, 1998 assessing $2,880 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Gilbert Angelle, Enforcement Coordinator at (512) 239-4489 Greg Warmink, Staff Attorney at (512) 239-0612, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087. An agreed order was entered regarding SHARYLAND INDEPENDENT SCHOOL DISTRICT, Docket Number. 97-0638-MWD-E (No TNRCC Permit) on January 27, 1998 assessing $1,680 in administrative penalties with $336 deferred. Information concerning any aspect of this order may be obtained by contacting Gilbert Angelle, Enforcement Coordinator at (512) 239-4489, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087. An agreed order was entered regarding WILLOW RUN PUBLIC SERVICE, INCORPORATED, Docket Number. 97-0491-MWD-E (Permit Number 10699-001) on January 27, 1998 assessing $18,600 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Gilbert Angelle, Enforcement Coordinator at (512) 239-4489, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087. An agreed order was entered regarding CADDO PARK WATER SYSTEM, INCORPORATED, Docket Number 97-0659-PWS-E (PWS Number 0430072) on January 27, 1998 assessing $630 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Katharine Wheatley, Enforcement Coordinator at (512) 239-4757, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087. An agreed order was entered regarding BRIEN AND PRISCILLA HICKMAN DBA HILLTOP MHP, Docket Number 97-0634-PWS-E (PWS Number 0130019) on January 27, 1998 assessing $480 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Katharine Wheatley, Enforcement Coordinator at (512) 239-4497, or Lin Zhang, Enforcement Coordinator at (512) 239-4497, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087. An agreed order was entered regarding LATIN AMERICAN BIBLE INSTITUTE, Docket Number 97-0641-PWS-E (PWS Number 0150379)on January 27, 1998 assessing $630 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Michael Meyer, Enforcement Coordinator at (512) 239-4492, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087. An agreed order was entered regarding JUAN HERNANDEZ DBA DIANE'S MOBILE HOME PARK, Docket Number 97-0640-PWS-E (PWS No. 0200424) on January 27, 1998 assessing $480 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Michael Meyer, Enforcement Coordinator at (512) 239-4492, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087. An agreed order was entered regarding ROBERT MOORE DBA MOORE'S MOBILE HOME PARK, Docket Number 97-0633-PWS-E (PWS Number 0150243) on January 27, 1998 assessing $480 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Michael Meyer, Enforcement Coordinator at (512) 239-4492, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087. A default order was entered regarding PRODUCERS GRAIN AND SUPPLY OF ROCHESTER, INC., Docket Number 97-0712-PST-E (Facility ID Number 37226, Enforcement ID Number 11449) on January 27, 1998 assessing $36,6650 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Lisa Newcombe, Staff Attorney at (512) 239-2269, or Craig Carson Enforcement Coordinator at (512) 239-2175, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087. A default order was entered regarding HIGHNESS, INCORPORATED, Docket Number 97- 0187-PST-E (Enforcement ID Number 5663) on January 27, 1998 assessing $5,400 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Tracy L. Harrison, Staff Attorney at (512) 239-1736, or Srini Kusumanchi, Enforcement Coordinator at (512) 239-5874, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087. An agreed order was entered regarding MR. BHASKAR PATEL, MS. SHETAL GADKARI, S. LAM, Docket Number 96-1162-PST-E (Facility Number. 59274, Enforcement ID Number 5322) on January 27, 1998 assessing $6,600 in administrative penalties with $1,320 deferred. Information concerning any aspect of this order may be obtained by contacting Walter Ehresman, Staff Attorney at (512) 239-0600, or Sushil Modak, Enforcement Coordinator at (512) 239-1045, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087. TRD-9801601 Eugenia K. Brumm, Ph.D. Chief Clerk Texas Natural Resource Conservation Commission Filed: February 4, 1998 Notice of Opportunity to Comment on Settlement Agreements 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), sec.7.075, which requires that the TNRCC may not approve these AOs unless the public has been provided an opportunity to submit written comments. Section 7.075 requires that notice of the proposed orders and of the opportunity to comment must be published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is March 15, 1998. 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 or the Health and Safety Code, the Texas Clean Air Act (the Act). Additional notice is not required if changes to an AO are made in response to written comments. A copy of each of the proposed AOs is available for public inspection at both the TNRCC's Central Office, located at 12100 Park 35 Circle, Building C, 1st Floor, Austin, Texas 78753, (512) 239-1864 and at the applicable Regional Office listed as follows. Written comments about these AOs should be sent to the enforcement coordinator designated for each AO at the TNRCC's Central Office at P.O. Box 13087, Austin, Texas 78711-3087 and must be received by 5:00 p.m. on March 15, 1998. 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, sec.7.075 provides that comments on the AOs should be submitted to the TNRCC in writing. (1)COMPANY: Buster Paving Company, Incorporated; DOCKET NUMBER: 97-0569-AIR-E; IDENTIFIER: Account Number TF-0008-R; LOCATION: Mount Pleasant, Titus County, Texas; TYPE OF FACILITY: asphaltic concrete plant and concrete batch plant; RULE VIOLATED: 30 TAC sec.116.115(a), sec.106.201, Permit Number 9578, Agreed Order Number 95-0006-AIR-E, and the Act, sec.382.085(b), by exceeding the permitted production rate of 250 tons per hour, by emitting, from the asphaltic concrete plant's baghouse, particulate matter exceeding 5.0% opacity averaged over a six- minute period, by emitting excessive dust emissions from the cement silo baghouse, by using 100% recycled asphalt product (RAP) in violation of permitted allowable of 35%, by adding the RAP mixture to the drum mixer in the combustion zone that was not shielded by a veil of raw aggregate, and by emitting excessive dust emissions from the asphaltic concrete plant's baghouse stack; and 30 TAC sec.101.6(a), sec.101.7(a), Agreed Order Number 95-0006-AIR-E, and the Act, sec.382.085(b), by failing to notify the TNRCC of an upset condition and by failing to maintain pollution abatement equipment in good working order; PENALTY: $13,000; ENFORCEMENT COORDINATOR: Suzanne Walrath, (512) 239-2134; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100. (2)COMPANY: The City of Bloomburg; DOCKET NUMBER: 97-1020-MWD-E; IDENTIFIER: Enforcement Identification Number 8309; LOCATION: Bloomburg, Cass County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: The Code, sec.26.121, by discharging wastewater without a permit; PENALTY: $0; ENFORCEMENT COORDINATOR: Mike Meyer, (512) 239-4492; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100. (3)COMPANY: The City of Dublin; DOCKET NUMBER: 97-1054-MWD-E; IDENTIFIER: Permit Number 10405-001; LOCATION: Dublin, Erath County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: Permit Number 10405-001 and the Code, sec.26.121, by failing to comply with the daily average five-day biochemical oxygen demand limitation of 63 pounds per day; PENALTY: $0; ENFORCEMENT COORDINATOR: Mary Smith, (512) 239-4484; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 469-6750. (4)COMPANY: The City of Milford; DOCKET NUMBER: 97-0985-MWD-E; IDENTIFIER: Permit Number 10730-001 (expired); LOCATION: Milford, Ellis County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: The Code, sec.26.121, by operating without a permit and continuing to discharge without authorization; PENALTY: $3,360; ENFORCEMENT COORDINATOR: Lin Zhang, (512) 239-4497; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 469-6750. (5)COMPANY: Laurence Clowdus; DOCKET NUMBER: 97-0607-AGR-E; IDENTIFIER: Enforcement Identification Number 11484; LOCATION: Alvarado, Johnson County, Texas; TYPE OF FACILITY: dairy; RULE VIOLATED: 30 TAC sec.321.31 and the Code, sec.26.121, for unauthorized discharges of wastewater; and 30 TAC sec.321.35(a), for failure to provide adequate facilities; PENALTY: $12,240; ENFORCEMENT COORDINATOR: Merrilee Mears, (512) 239-4490; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 469-6750. (6)COMPANY: First Motor Sales; DOCKET NUMBER: 97-1032-AIR-E; IDENTIFIER: Account Number DB-3394-W; LOCATION: Dallas, Dallas County, Texas; TYPE OF FACILITY: used car sales; RULE VIOLATED: 30 TAC sec.114.1(c)(2) and the Act, sec.382.085(b), by offering for sale a vehicle with required emission control systems and/or devices not in good operable condition; PENALTY: $400; ENFORCEMENT COORDINATOR: Carl Schnitz, (512) 239-1892; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 469-6750. (7)COMPANY: Caleb Brett, USA, Inc. DOING BUSINESS AS Intertek Testing Services; Mr. G. J. Lees; DOCKET NUMBER: 95-0880-IHW-E; IDENTIFIER: Solid Waste Registration Number 75026 and nited States Environmental Protection Agency Identification Number TXD982563686; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: chemical testing laboratory; RULE VIOLATED: 30 TAC sec.335.69(a)(2)-(4), by failing to mark hazardous waste containers with the words "hazardous waste" and with the date upon which accumulation began and by failing to provide documentation demonstrating the facility had a personnel training program; 30 TAC sec.335.112(a)(3), by failing to keep a copy of a contingency plan on file at the facility; 30 TAC sec.335.511(a)(1)-(4) and sec.335.513(c), by failing to provide documentation in support of the use of process knowledge used to classify their wastes; 30 TAC sec.335.431, by failing to maintain documentation used to determine that certain hazardous wastes shipped from the facility were restricted from land disposal; 30 TAC sec.335.9(a)(1)(A)-(C) and (E)-(G), by failing to have records regarding management of hazardous waste; the Code, sec.26.121, by failing to prevent unauthorized discharges of contaminants to the ground in the area of a 500- gallon above ground storage tank; 30 TAC sec.335.112(a)(8), by failing to conduct weekly inspections of hazardous waste containers, by failing to store containers holding hazardous waste at least 50 feet from the facility's property line, and by failing to segregate containers holding incompatible waste by physical separation or barrier; and 30 TAC sec.335.69(d), by failing to label containers holding hazardous waste in a satellite accumulation area with the words "hazardous waste" or with words identifying its contents; PENALTY: $8,000; ENFORCEMENT COORDINATOR: Thomas C. Greimel, (512) 239-5690; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500. (8)COMPANY: Jo Ann Davis dba Jo Ann's Day Camp; DOCKET NUMBER: 97-0551-PWS-E; IDENTIFIER: Public Water Supply Number 1012907; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: public drinking water; RULE VIOLATED: 30 TAC sec.290.120(b)(1) and (c)(5) and the Texas Health and Safety Code (THSC), sec.341.031, by failing to submit a site selection form for copper and lead sampling and by failing to submit a water sample from the facility for copper and lead analysis; and the THSC, sec.341.041, by failing to pay the public health service fee; PENALTY: $630; ENFORCEMENT COORDINATOR: Bhasker Reddi, (512) 239-6646; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500. (9)COMPANY: Kwik Industries, Incorporated; DOCKET NUMBER: 97-1122-EAQ-E; IDENTIFIER: Enforcement Identification Number 11894; LOCATION: Austin, Travis County, Texas; TYPE OF FACILITY: oil change; RULE VIOLATED: 30 TAC sec.213.4(a) and the Code, sec.26.121, by failing to receive approval from the executive director of the TNRCC prior to commencing construction in the Edwards Aquifer Zone; PENALTY: $200; ENFORCEMENT COORDINATOR: Laurie Eaves, (512) 239-4495; REGIONAL OFFICE: 1921 Cedar Bend, Suite 150, Austin, Texas 78758-5336, (512) 339-2929. (10)COMPANY: Ruben Garansuay dba Lakeview Subdivision aka Lakeside Subdivision; DOCKET NUMBER: 96-1029-PWS-E; IDENTIFIER: Public Water Supply Number 1330150; LOCATION: San Antonio, Kerr County, Texas; TYPE OF FACILITY: public water system; RULE VIOLATED: 30 TAC sec.290.106(a), by failing to collect and submit for analysis at least one sample of water from the distribution system; 30 TAC sec.290.42(e)(4), by failing to provide continuous mechanical chlorination equipment; 30 TAC sec.290.46(f)(2), by failing to provide a chlorine test kit; 30 TAC sec.290.46(f)(2)(B), by failing to collect weekly chlorine residual tests; 30 TAC sec.290.46(e), by failing to have the water system under the direct supervision of a competent water works operator holding a valid certificate of competency; 30 TAC sec.290.106(a)(1), by failing to provide a sample siting plan; 30 TAC sec.290.46(n), by failing to provide a map of the distribution system; 30 TAC sec.290.46(w), by failing to provide a legible sign at each production, treatment and storage facility with the name of the water supply and an emergency phone number; 30 TAC sec.290.43(c)(2), by failing to have the ground storage tank roof hatch locked; 30 TAC sec.290.46(p), by failing to inspect ground storage tanks and pressure tank annually; 30 TAC sec.290.46(j), by failing to have an agreement with each water customer to allow inspection of individual water facilities; 30 TAC sec.290.45(b)(1)(B)(iii), by failing to provide a service pump capacity of two gallons per minute per connection; 30 TAC sec.290.45(b)(1)(B)(iv), by failing to provide pressure tank capacity of 20 gallons per connection with a maximum of 30,000 gallons; 30 TAC sec.290.41(c)(1)(F), by failing to secure a sanitary easement covering all property within 150 feet of the well location; 30 TAC sec.290.41(c)(3)(K), by failing to seal the wellhead and by failing to provide the well with a screened casing vent; 30 TAC sec.290.30(d), by failing to submit plans by a registered professional engineer for review; and 30 TAC sec.290.41(c)(3)(A), by failing to submit well completion data; PENALTY: $2,309; ENFORCEMENT COORDINATOR: Tom Napier, (512) 239-6063; REGIONAL OFFICE: 140 Heimer Road, Suite 360, San Antonio, Texas 78232-5042, (210) 490-3096. (11)COMPANY: Leon Springs Business and Office Park; DOCKET NUMBER: 97-0552-PWS- E; IDENTIFIER: Public Water Supply Number 0150441; LOCATION: San Antonio, Bexar County, Texas; TYPE OF FACILITY: public drinking water; RULE VIOLATED: 30 TAC sec.290.120(b)(1) and (c)(5) and the THSC, sec.341.031, by failing to submit a site selection form for lead and copper sampling and by failing to submit water samples for copper and lead analysis; PENALTY: $630; ENFORCEMENT COORDINATOR: Bhasker Reddi, (512) 239-6646; REGIONAL OFFICE: 140 Heimer Road, Suite 360, San Antonio, Texas 78232-5042, (210) 490-3096. (12)COMPANY: Jeff Cummings doing business as Mid-Lake Septic Service; DOCKET NUMBER: 97-0716-SLG-E; IDENTIFIER: Enforcement Identification Number 8676; LOCATION: Hemphill, San Augustine County, Texas; TYPE OF FACILITY: beneficial land use; RULE VIOLATED: 30 TAC sec.312.4(c) and the Code, sec.26.121, by transporting and disposing of at least one load of septage on an unregistered beneficial land use site; PENALTY: $0; ENFORCEMENT COORDINATOR: Pam Campbell, (512) 239-4493; REGIONAL OFFICE: 3870 Eastex Freeway, Suite 110, Beaumont, Texas 77703-1892, (409) 898-3838. (13)COMPANY: Par Products; DOCKET NUMBER: 97-0882-AIR-E; IDENTIFIER: Account Number CP-0356-L; LOCATION: Wylie, Collin County, Texas; TYPE OF FACILITY: tire plug manufacturing plant; RULE VIOLATED: 30 TAC sec.116.115, Permit Number 32609, and the Act, sec.382.085(b), by failing to switch to the inactive carbon bed once breakthrough was reached and by failing to comply with the hourly volatile organic compound (VOC) emission rate limit of 6.31 pounds per hour; and 30 TAC sec.115.426(a)(2)(A)(iii) and the Act, sec.382.085(b), by failing to install and maintain a monitor to accurately and continuously measure and record the concentration of VOCs in the gas stream exiting the carbon adsorption system; PENALTY: $9,000; ENFORCEMENT COORDINATOR: David Edge, (512) 239-1779; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 469-6750. (14)COMPANY: Pine Trails Utility Company Incorporated; DOCKET NUMBER: 97-0783- PWS-E; IDENTIFIER: Public Water Supply Number 1010535; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: public drinking water; RULE VIOLATED: 30 TAC sec.290.105, by exceeding the maximum contaminant level for coliform bacteria; PENALTY: $780; ENFORCEMENT COORDINATOR: Sabelyn Pussman, (512) 239-6061; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500. (15)COMPANY: Henry Harris dba Plaza Water Utility; DOCKET NUMBER: 97-0875-PWS-E; IDENTIFIER: Public Water Supply Number 0140167; LOCATION: Nolanville, Bell County, Texas; TYPE OF FACILITY: public drinking water; RULE VIOLATED: 30 TAC sec.290.106 and the THSC, sec.341.003(d), by failing to submit water samples for bacteriological analysis; and 30 TAC sec.290.51 and the THSC, sec.341.041, by failing to pay the public health service fee; PENALTY: $1,030; ENFORCEMENT COORDINATOR: Gilbert Angelle, (512) 239-4489; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7807, (254) 751-0335. (16)COMPANY: Clay Price and Tate Price dba Ridgeway Dairy; DOCKET NUMBER: 97- 0984-AGR-E; IDENTIFIER: Enforcement Identification Number 11665; LOCATION: Sulphur Springs, Hopkins County, Texas; TYPE OF FACILITY: animal feeding operation; RULE VIOLATED: 30 TAC sec.321.33(d) and the Code, sec.26.121, by operating a confined animal feeding operation with more than 250 head of cattle without a permit; PENALTY: $3,240; ENFORCEMENT COORDINATOR: Mary Smith, (512) 239-4484; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100. (17)COMPANY: Juan Antonio Rodriguez; DOCKET NUMBER: 97-0470-OSI-E; IDENTIFIER: Enforcement Identification Number 11987; LOCATION: Uvalde, Uvalde County, Texas; TYPE OF FACILITY: on-site sewage installer; RULE VIOLATED: The THSC, sec.366.004, by installing an on-site sewage facility without an installer's certificate of registration; PENALTY: $1,250; ENFORCEMENT COORDINATOR: Brian Lehmkuhle, (512) 239-4482; REGIONAL OFFICE: 140 Heimer Road, Suite 360, San Antonio, Texas 78232-5042, (210) 490-3096. (18)COMPANY: Bob Schouten dba Schouten Golden Star Dairy; DOCKET NUMBER: 97- 1005-AGR-E; IDENTIFIER: Permit Number 03656; LOCATION: near Hico, Bosque County, Texas; TYPE OF FACILITY: dairy; RULE VIOLATED: 30 TAC sec.321.31, Permit Number 03656, and the Code, sec.26.121, by having tail water runoff from irrigation running off-site and into a road side ditch; PENALTY: $3,320; ENFORCEMENT COORDINATOR: Laurie Eaves, (512) 239-4495; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7807, (254) 751-0335 and 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 469-6750. (19)COMPANY: Southwestern Electric Power Company; DOCKET NUMBER: 97-0987-IWD-E; IDENTIFIER: Permit Number 01811; LOCATION: Cason, Titus County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: Permit Number 01811 and the Code, sec.26.121, by exceeding the permit limit for the daily average aluminum concentration; PENALTY: $1,920; ENFORCEMENT COORDINATOR: Lin Zhang, (512) 239- 4497; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535- 5100. (20)COMPANY: The University of Texas at El Paso; DOCKET NUMBER: 97-1022-MWD-E; IDENTIFIER: Enforcement Identification Number 11874; LOCATION: El Paso, El Paso County, Texas; TYPE OF FACILITY: arena and athletic complex; RULE VIOLATED: The Code, sec.26.121, by having an unauthorized discharge of water runoff containing detergent soap and acrylic paint residue; PENALTY: $600; ENFORCEMENT COORDINATOR: Bill Main, (512) 239-4481; REGIONAL OFFICE: 7500 Viscount Boulevard, Suite 147, El Paso, Texas 79925-5633, (915) 778-9634. TRD-9801499 Kevin McCalla Director, Legal Division Texas Natural Resource Conservation Commission Filed: February 3, 1998 The Texas Natural Resource Conservation Commission (TNRCC) Staff is providing an opportunity for written public comment on the listed Default Order. The TNRCC Staff proposes Default Orders when the Staff has sent an Executive Director's Preliminary Report and Petition (EDPRP) to an entity outlining the alleged violations; the proposed penalty; and the proposed technical requirements necessary to bring the entity back into compliance, and the entity fails to request a hearing on the matter within 20 days of its receipt of the EDPR. Similar to the procedure followed with respect to Agreed Orders entered into by the executive director of the TNRCC pursuant to the Texas Water Code, sec.7.075, this notice of the proposed orders 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 March 4, 1998. The TNRCC will consider any written comments received and the TNRCC may withdraw or withhold approval of a Default Order if a comment discloses facts or consideration that indicate that the consent to the proposed Default Order is inappropriate, improper, inadequate, or inconsistent with the requirements of the statutes and rules within the TNRCC's jurisdiction, or the TNRCC's orders and permits issued pursuant to the TNRCC's regulatory authority. Additional notice of changes to a proposed Default Order is not required to be published if those changes are made in response to written comments. A copy of the proposed Default Order is available for public inspection at both the TNRCC's Central Office, located at 12100 Park 35 Circle, Building A, Third Floor, Austin, Texas 78753, (512) 239-3400 and at the applicable Regional Office listed as follows. Written comments about the Default Order should be sent to the attorney designated for the Default Order at the TNRCC's Central Office at P.O. Box 13087, MC 175, Austin, Texas 78711-3087 and must be received by 5:00 p.m. on March 4, 1998. Written comments may also be sent by facsimile machine to the attorney at (512) 239-3434. The TNRCC attorneys are available to discuss the Default Order and/or the comment procedure at the listed phone numbers; however, comments on the Default Order should be submitted to the TNRCC in writing . (1)COMPANY: Ali Aftab doing business as Super Dooper Food Mart; DOCKET NUMBER: 97-0265-PWS-E; ACCOUNT NUMBER: PWS ID Number 1012943; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: public drinking water system; RULES VIOLATED: 30 TAC sec.341.033(d) and Texas Health and Safety Code, sec.290.106 by failing to submit commission water samples for six separate months; PENALTY: $880; STAFF ATTORNEY: Kara Salmanson, Litigation Support Division, MC 175, (512) 239-1738; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500. TRD-9801506 Kevin McCalla Director, Legal Division Texas Natural Resource Conservation Commission Filed: February 3, 1998 The Texas Natural Resource Conservation Commission (TNRCC) Staff is providing an opportunity for written public comment on the listed Agreed Orders (AOs) pursuant to the Texas Water Code (TWC), sec.7.075. Section 7.705 requires that before the TNRCC may approve these AOs, the TNRCC shall allow the public an opportunity to submit written comments on the proposed AOs. Section 7.075 requires that notice of the opportunity to comment must be published in the Texas Register not later than the 30th day before the date on which the public comment period closes, which in this case is March 4, 1998. Section 7.075 also requires that the TNRCC promptly consider any written comments received and that the TNRCC may withdraw or hold approval of an AO if a comment discloses facts or considerations that the consent is inappropriate, improper, inadequate, or inconsistent with the requirements of the statutes and rules within the TNRCC's Orders and permits issued pursuant to the TNRCC's regulatory authority. Additional notice of changes to a proposed AO is not required to be published if those changes are made in response to written comments. A copy of each of the proposed AOs is available for public inspection at both the TNRCC's Central Office, located at 12100 Park 35 Circle, Building A, Third Floor, Austin, Texas 78753, (512) 239-3400 and at the applicable Regional Office listed as follows. Written comments about these AOs should be sent to the attorney designated for each AO at the TNRCC's Central Office at P.O. Box 13087, MC 175, Austin, Texas 78711-3087 and must be received by 5:00 p.m. on March 4, 1998. Written comments may also be sent by facsimile machine to the attorney at (512) 239-3434. The TNRCC attorneys are available to discuss the AOs and/or the comment procedure at the listed phone numbers; however, Section 7.075 provides that comments on the AOs should be submitted to the TNRCC in writing. (1)COMPANY: Apache Shores Utility; DOCKET NUMBER: 95-0819-PWS-E; ACCOUNT NUMBER: PWS Number 2270031, CCN Number 10309; LOCATION: Travis County, Texas; TYPE OF FACILITY: community public water system; RULES VIOLATED: 30 TAC sec.290.45(b)(1)(D)(i) by failing to provide a water well capacity of 0.6 gallon per minute per connection; 30 TAC sec.290.45(b)(1)(D)(i) by failing to provide a pressure tank capacity of 20 gallons per connection; 30 TAC sec.290.44(d)(1) by failing to maintain a minimum pressure of 35 pounds per square inch at all points in the distribution system; 30 TAC sec.290.113 by failing to provide water which complies with sulfate, fluoride, and total dissolved solids maximum contaminant limits; PENALTY: $110,000; STAFF ATTORNEY: Guy Henry, Litigation Support Division, MC 175, (512) 239-6259; REGIONAL OFFICE: 1921 Cedar Bend, Suite 150, Austin, Texas 78758-5336, (512) 339-2929. (2)COMPANY: Billie E. Newsom; DOCKET NUMBER: 97-0362-AGR-E; ACCOUNT NUMBER: Permit Number 03801; LOCATION: Godley, Johnson County, Texas; TYPE OF FACILITY: dairy; RULES VIOLATED: TWC, sec.26.121, and Permit Number 03801 by allowing an unauthorized discharge; TNRCC Permit Number 03801 by failing to construct the facilities and failing to maintain adequate waste disposal records; PENALTY: $7,440; STAFF ATTORNEY: Kathy Keils, Litigation Support Division, MC 175, (512) 239-0678; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 469-6750. (3)COMPANY: Chavez Trucking; DOCKET NUMBER: 97-0744-AIR-E; ACCOUNT NUMBER: EE- 0461-D; LOCATION: El Paso, El Paso County, Texas; TYPE OF FACILITY: trucking company; RULES VIOLATED: 30 TAC sec.111.143(3)(B) and Texas Health and Safety Code (THSC), sec.382.085(b) by transporting particulate material in open-bodied trucks or trailers without a complete cover on five separate occasions on the public streets in the City of El Paso; PENALTY: $3,000; STAFF ATTORNEY: Thomas Corwin, Litigation Support Division, MC 175, (512) 239-5915; REGIONAL OFFICE: 7500 Viscount Boulevard, Suite 147, El Paso, Texas 79925-5633, (915) 778-9634. (4)COMPANY: City of Dallas; DOCKET NUMBER: 97-0196-MSW-E; ACCOUNT NUMBER: MSW Permit Number 62; LOCATION: Dallas, Dallas County, Texas; TYPE OF FACILITY: municipal solid waste disposal facility; RULES VIOLATED: 30 TAC sec.330.133(a) and TNRCC MSW Permit Number 62 by failing to maintain adequate daily cover for waste at the active disposal area; 30 TAC sec.330.132 and TNRCC MSW Permit Number 62 by failing to maintain adequate compaction for waste at the active disposal area; 30 TAC sec.330.111 and TNRCC MSW Permit Number 62 by depositing waste such that the actual landfill elevations were higher than permitted final contours; 30 TAC sec.330.111 and TNRCC MSW Permit Number 62 by failing to deposit waste in the filling sequence and direction in Cell 1, and by failing to construct a waste containment berm around the initial working face in Cell 1, as required by its Site Development Plan; PENALTY: $84,840; STAFF ATTORNEY: Lisa Uselton Dyar, Litigation Support Division, MC 175, (512) 239-5692; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 469-6750. (5)COMPANY: Craig Penfold dba Village Oaks Mobile Home Community; DOCKET NUMBER: 97-0637-MWD-E; ACCOUNT NUMBER: TNRCC ID Number 12667-001; ENF ID 11433; LOCATION: Dallas, Denton-Tarrant County, Texas; TYPE OF FACILITY: wastewater treatment facility; RULES VIOLATED: Permit Number 12667-001 and TWC, sec.26.121 by discharging sludge from the facility, by failing to meet the permitted grab sample limit for BOD5, by failing to meet the permitted grab sample limit for total suspended solids, and by failing to meet the permitted minimum chlorine residual; PENALTY: $23,760; STAFF ATTORNEY: Cecily Small Gooch, Litigation Support Division, MC 175, (512) 239-2940; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 469-6750. (6)COMPANY: John Daniel Workman; DOCKET NUMBER: 97-0525-WOC-E; ACCOUNT NUMBER: Wastewater Certificate of Competency Number 205-44-8576; LOCATION: Chambers County, Texas; TYPE OF FACILITY: certified wastewater operator for the Woodland Acres Wastewater Treatment Plant; RULES VIOLATED: 30 TAC sec.319.1, TWC, sec.26.121, and TNRCC Wastewater Certificate of Competency Number 205-44-8576 by falsifying the May 1995, June 1995, July 1995, December 1995, March 1996, and April 1996 monthly effluent reports and laboratory test results submitted to the commission; PENALTY: Wastewater Certificate of Competency Number 97-0525-WOC-E issued to John Daniel Workman shall be revoked for a period of not less than three years; STAFF ATTORNEY: Booker Harrison, Litigation Support Division, MC 175, (512) 239-4113; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas 77023-1486, (713) 767-3500. (7)COMPANY: First Company; DOCKET NUMBER: 97-0653-IHW-E; ACCOUNT NUMBER: Enforcement ID Number 1560; LOCATION: Dallas, Dallas County, Texas; TYPE OF FACILITY: heating and air conditioning manufacturing facility; RULES VIOLATED: 30 TAC sec.335.69 and 40 Code of Federal Regulations (CFR) sec.262.34(b) by accumulating hazardous waste for longer than 90 days; 30 TAC sec.335.9(a)(1) and 40 CFR sec.264.74 by failing to keep records of all hazardous waste and industrial solid waste activities regarding the quantities generated, stored, processed, and disposed of at the facility; 30 TAC sec.335.62 and sec.335.504 and 40 CFR sec.262.11 by failing to complete a hazardous waste determination for waste and other materials; 30 TAC sec.335.6 by failing to notify the TNRCC of its activities relating to the generation and storage of industrial solid waste; 30 TAC sec.335.431 and 40 CFR sec.268.7 by failing to include the land disposal restriction notice on the manifest for a shipment of mineral spirits of disposal; 30 TAC sec.335.63 and 40 CFR sec.262.12 by failing to obtain a United States Environmental Protection Agency Identification Number; 30 TAC sec.335.4 and TWC, sec.26.121(a)(2) by causing, suffering, allowing, or permitting the disposal of hazardous waste in such a manner as to cause an imminent threat of discharge of hazardous waste into or adjacent to the water in the State without obtaining specification authorization; 30 TAC sec.335.10 and 40 CFR sec.262.20 by failing to designate an authorized treatment, storage, and/or disposal facility to receive the mineral spirits; PENALTY: $22,920; STAFF ATTORNEY: Mary Risner, Litigation Support Division, MC 175, (512) 239-6224; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 469-6750. (8)COMPANY: Frank's Custom Center; DOCKET NUMBER: 97-0547-AIR; ACCOUNT NUMBER: EE -0503-M; LOCATION: El Paso, El Paso County, Texas; TYPE OF FACILITY: operates a vehicle repair and refinishing operation; RULES VIOLATED: 30 TAC sec.115.422(1)(A) and THSC, sec.382.085(b) by failing to meet the control requirements for cleaning operations, 30 TAC sec.115.422(2) and THSC, sec.382.085(b) by failing to use high-volume, low-pressure spray guns; 30 TAC sec.115.426(a)(1)(A) and THSC, sec.382.085(b) by failing to maintain material safety data sheets on-site; 30 TAC sec.115.426(a)(1)(B) and THSC,sec.382.085(b) by failing to maintain coating and solvent usage records on-site; PENALTY: $500; STAFF ATTORNEY: Hodgson Eckel, Litigation Support Division, MC 175, (512) 239- 2195; REGIONAL OFFICE: 7500 Viscount Boulevard, Suite 147, El Paso, Texas 79925- 5633, (915) 778-9634. (9)COMPANY: Jimmy Lenamond doing business as Big Creek West Subdivision Water System; DOCKET NUMBER: 97-0672-PWS; ACCOUNT NUMBER: 1470032 and Enforcement Number 6779; LOCATION: Limestone County, Texas; TYPE OF FACILITY: public drinking water system; RULES VIOLATED: 30 TAC sec.290.120(c)(5) and THSC, sec.341.031 by failing to submit water samples from said public water system for copper and lead analysis; THSC, sec.341.041 by failing to pay the Pubic Health Service fee for account number 91470032 for 1994, 1995, 1996, and 1997, resulting in an outstanding balance of $504.24; PENALTY: $630; STAFF ATTORNEY: Kara Salmanson, Litigation Support Division, MC 175, (512) 239-1738; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7807, (254) 751-0335. (10)COMPANY: Quantum Tech, Incorporated aka R Cube S, Incorporated and Quantum Tech, L.L.C.; DOCKET NUMBER: 95-1672-MSW-E; ACCOUNT NUMBER: Municipal Solid Waste Registration Numbers 44105 and 79511A; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: waste tire storage facility; RULES VIOLATED: 30 TAC sec.330.835(b)(2)(A) by having stored tires in piles greater than 8,000 square feet in size; 30 TAC sec.330.835(b)(3) by failing to maintain the setback line free of high grass and weeds; 30 TAC sec.330.835(b)(4) by failing to control vectors at the facility; 30 TAC sec.330.835(b)(5) by failing to maintain all- weather roads and unobstructed fire lanes between tire piles; 30 TAC sec.330.835(b)(6) by failing to maintain the perimeter fence at the facility; 30 TAC sec.330.835(b)(8) by failing to have the required number of fully charged fire extinguishers at the facility; 30 TAC sec.330.835(b)(12) by failing to comply with City of Houston building, fire, and health codes; 30 TAC sec.330.835(d)(1)(B) by failing to maintain a copy of the commission's current rules at the facility; 30 TAC sec.330.835(d)(1)(B) by failing to maintain a copy of the facility's registration at the facility; THSC, sec.361.486(d) by failing to submit recycling information; PENALTY: $62,600; STAFF ATTORNEY: Kathy Keils, Litigation Support Division, MC 175, (512) 239-0678; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500. (11)COMPANY: Tejas Alternative Energy Systems, Incorporated doing business as Truck Shack; DOCKET NUMBER: 96-1896-AIR-E; ACCOUNT NUMBER: HX-0981-V; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: truck and RV repair and refinishing shop; RULES VIOLATED: 30 TAC sec.116.110(a), THSC, sec.382.0518(a) and sec.382.085(b) by conducting a painting operation without first obtaining a permit or satisfying the conditions of an exemption from permiting; 30 TAC sec.115.422(1)(A) and THSC, sec.382.085(b) by failing to have an operational enclosed cleaner to clean equipment; 30 TAC sec.115.422(1)(B) and THSC, sec.382.085(b) by failing to keep all wash solvent in an enclosed reservoir; 30 TAC sec.115.422(1)(C) and THSC, sec.382.085(b) by failing to keep all waste solvent in an enclosed container; 30 TAC sec.115.422(2) and THSC, sec.382.085(b) by failing to use a high-volume low-pressure spray gun for vehicle refinishing operations; PENALTY: $2,750; STAFF ATTORNEY: Tracy L. Harrison, Litigation Support Division, MC 175, (512) 239-1736; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500. TRD-9801505 Kevin McCalla Director, Legal Division Texas Natural Resource Conservation Commission Filed: February 3, 1998 Provisionally-Issued Temporary Permits to Appropriate State Water Listed below are permits issued during the period of February 4, 1998 Application Number TA-7913 by Woerner Turf Group, Inc. for diversion of ten acre-feet in a one year period for irrigation (turf farm) use. Water may be diverted from the Red River, Red River Basin, approximately 18 miles northwest of Paris, Lamar County, Texas and approximately seven miles upstream in a northwest direction from the crossing of U.S. Hwy 271 and the Red River. Appliction Number 7914 by Lonnell Timmons Construction for diversion of one acre-foot in a one year period for industrial (roadway construction) use. Water may be diverted from Cibolo Creek, San Antonio River Basin, approximately two miles northwest of Boerne, Kendall County, Texas at the crossing of I.H. 10 and Cibolo Creek. Application Number TA-7915 by Duininck Bros., Inc. for diversion of ten acre- feet in a one year period for industrial (roadway construction) use. Water may be diverted from Henrietta Creek, Trinity River Basin, approximately 15 miles southwest of Denton, Denton County, Texas at the crossing of State Hwy ll4 and Henrietta Creek. Application Number TA-7916 by AGS Partners for diversion of ten acre-feet in a one year period for mining (gas well drilling) use. Water may be diverted from a stock tank on a unnamed tributary of Arroyo Burro, Rio Grande Basin, approximately ten miles north of Zapata, Texas. Application Number TA-7920 by Smith & Co. for diversion of two acre-feet in a one year period for industrial (roadway construction) use. Water may be diverted from a reservoir on Cat Creek, Brazos River Basin, approximately 12.5 miles north of Anderson, Grimes County, Texas and immediately southwest of State Hwy. 34. Application Number TA-7922 by CITGO Pipeline Company for diversion of one acre- foot in a six month period for industrial (hydrostatic testing) use. Water may be diverted from Little Cypress Bayou, Sabine River Basin, approximately four miles northeast of Orange, Orange County, Texas in the vicinity of the crossing of F.M. 736 and Little Cypress Bayou. The Executive Director of the TNRCC has reviewed each application for the permits listed and determined that sufficient water is available at the proposed point of diversion to satisfy the requirements of the application as well as all existing water rights. Any person or persons who own water rights or who are lawful users of water on a stream affected by the temporary permits listed above and who believe that the diversion of water under the temporary permit will impair their rights may file a complaint with the TNRCC. The complaint can be filed at any point after the application has been filed with the TNRCC and the time the permit expires. The Executive Director shall make an immediate investigation to determine whether there is a reasonable basis for such a complaint. If a preliminary investigation determines that diversion under the temporary permit will cause injury to the complainant the commission shall notify the holder that the permit shall be canceled without notice and hearing. No further diversions may be made pending a full hearing as provided in sec.295.174. Complaints should be addressed to Water Rights Permitting Section, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711, Telephone (512) 239-4433. Information concerning these applications may be obtained by contacting the Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711, Telephone (512) 239-3300. TRD-9801600 Eugenia K. Brumm, Ph.D. Chief Clerk Texas Natural Resource Conservation Commission Filed: February 4, 1998 Texas Parks and Wildlife Department Notification of Consultant Contract Award Pursuant to provisions of Texas Government Code, Article 10, sec.2254.030, the Texas Parks and Wildlife Department furnishes this notice of an interagency consultant contract award. After issuing a request for proposals on November 7, 1997, issue of the Texas Register (22 TexReg 11020), one proposal was approved for funding. The interagency contract was awarded to accomplish a park, recreation, and natural resource study for the Texas Parks and Wildlife Department. The interagency contact was awarded to the Texas Agricultural Experiment Station, Texas A&M University System, College Station, Texas 77840 in the amount of $236,724.00. The beginning date for this project is January 27, 1998 and the approximate ending date is October 21, 1998, or until completion of services, which ever occurs first. For further information, please call (512) 389-4530. TRD-9801414 Bill Harvey Regulatory Coordinator Texas Parks and Wildlife Department Filed: January 30, 1998 Texas Department of Protective and Regulatory Services Meeting Open to the Public The staff of the Texas Department of Protective and Regulatory Services (PRS) will conduct a meeting open to the public to receive input in the development of rules governing Chapter 42, Human Resources Code, sec.42.078, Administrative Penalties. The meeting is not a meeting by the Board, but is a meeting held by PRS staff to aid in the development of rules required by Senate Bill 359 of the 75th Legislature, prior to presenting them to the Board for publication for comment. The meeting will be held on Tuesday, February 24, 1998, in the Board Room on the first floor of the East Tower of the John H. Winters Center, 701 W. 51st Street, Austin, Texas 78757. The meeting will begin at 1:30 pm and close at 4:30 pm. If you are unable to attend this meeting, but wish to provide input into the rule development for the enforcement of monetary administrative penalties, written comments will be accepted if received by March 10, 1998. Please address written comments to the attention of Mary E. Panella. Written comments may be mailed to MC E-550, P. O. Box 149030, Austin, Texas 78714-9030, delivered to the receptionist in the lobby of the John H. Winters Center, or faxed to (512) 438- 3848. Persons with disabilities planning to attend this hearing who may need auxiliary aids or services are asked to contact Sasha Rasco, (512) 438-3249 by February 20, 1998, so that appropriate arrangements can be made. TRD-9801401 C. Ed Davis Deputy Commissioner for Legal Services Texas Department of Protective and Regulatory Services Filed: January 30, 1998 Public Utility Commission of Texas Notice of Complaint of MCI Telecommunications Corporation Regarding the Unreasonableness and Anticompetitive Effect of the Access Charges of GTE Southwest, Inc. On September 4, 1997, MCI Telecommunications Corporation ("MCI") filed a complaint against GTE Southwest, Inc. ("GTE-SW") alleging that GTE-SW's access charges violate provisions of the Public Utility Regulatory Act ("PURA"), Texas Utilities Code Annotated, sec.sec.11.001 - 63.063 and the federal Telecommunications Act of 1996, Public Law Number 104- 104, 110 Statute 56 (codified as amended in scattered sections of 15 and 47 U.S.C.) ("FTA") and are unreasonably discriminatory and anticompetitive. MCI seeks r