Office of the Attorney General
Notice of Settlement of Natural Resource Damage Claim
Notice is hereby given by the State of Texas of the following proposed
resolution of a claim for natural resource damages under the Comprehensive
Environmental Response, Compensation, and Liability Act and applicable state
law and for corrective action under the Texas Health and Safety Code. The
State of Texas, on behalf of its Natural Resources Trustees, has reached an
agreement with Voluntary Purchasing Groups, Inc., Bonny Corporation, and Ferti-Lome
Distributors, Incorporated (collectively, "VPG"), to resolve VPG's liability
to the State for damages to natural resources in the State arising from the
release of solid waste and hazardous substances from a former VPG facility
in Commerce, Texas and any potential liability for the disposal and/or release
of solid waste at three sites in Bonham and Ridgeway, Texas. The Attorney
General will consider any written comments received on the settlement within
30 days of the date of publication of this notice.
Case Title and Court: State of Texas v. Voluntary Purchasing Groups, Inc.,
United States District Court, Northern District of Texas, Dallas Division.
Nature of the Settlement: Under the proposed settlement, VPG will pay the
State Natural Resource Trustees $800,000 for construction of a Restoration
Project consisting of a freshwater wetland and associated habitat. In addition,
VPG will investigate, assess, and if required under the Texas Risk Reduction
Program Rules, conduct corrective action at the Bonham and/or Ridgeway Sites.
VPG and other parties have previously reimbursed the State $2,864,000 for
past response cost associated TNRCC's removal action at the Hi Yield State
Superfund Site in Commerce, Texas.
The Office of the Attorney General will receive comments relating to the
proposed settlement for 30 days following publication of this Notice. Comments
should be addressed to Albert M. Bronson, Assistant Attorney General, Natural
Resources Division, P.O. Box 12548, Austin, Texas 78711-2548 and should refer
to the Hi-Yield State Superfund Site. The proposed settlement agreement may
be examined at the Office of the Attorney General, 300 West 15th Street, 10th
Floor, Austin, Texas by appointment A copy of the proposed Consent Decree
may be obtained by mail from the Office of the Attorney General. In requesting
a copy, please enclose a check for reproduction costs of $10.00 for the agreement,
payable to the State of Texas.
TRD-200103299
Susan D. Gusky
Assistant Attorney General
Office of the Attorney General
Filed: June 12, 2001
In 1995 the Legislature enacted Senate Bill 14, the Private Real Property
Rights Preservation Act (the Act), codified at Government Code, Chapter 2007.
As required by the Act, the Office of the Attorney General prepared Guidelines
to assist governmental entities in identifying and evaluating those governmental
actions that might result in a taking of private real property. Those guidelines
were published in the January 12, 1996 issue of the
Texas Register
(21 TexReg 387). The Act also requires the Office of
the Attorney General to review the Guidelines at least annually and revise
them as necessary. The Office of the Attorney General revised the Guidelines
in 2000 by amending §1.42 and published notice of the amendment in the
August 18, 2000 issue of the
Texas Register
(25 TexReg 8078).
The Office of the Attorney General has begun its annual review and invites
comments whether the Guidelines are consistent with actions of the 77th Legislature
and the decisions of the United States and Texas Supreme Court from May 1,
2000 through May 31, 2001.
Comments should be addressed to Cue D. Boykin, Assistant Attorney General,
Office of the Attorney General, Austin, Texas 78701-2548 no later than July
31, 2001.
For information regarding this publication, please contact A.G. Younger
at (512) 463-2110.
TRD-200103298
Susan D. Gusky
Assistant Attorney General
Office of the Attorney General
Filed: June 12, 2001
Notice and Opportunity to Comment on Requests for Consistency Agreement/Concurrence Under the Texas Coastal Management Program
On January 10, 1997, the State of Texas received federal approval of the
Coastal Management Program (CMP) (62 Federal Register pp. 1439-1440). Under
federal law, federal agency activities and actions affecting the Texas coastal
zone must be consistent with the CMP goals and policies identified in 31 TAC
Chapter 501. As required by federal law, the public is given an opportunity
to comment on the consistency of proposed activities in the coastal zone undertaken
or authorized by federal agencies. Pursuant to 31 TAC §§506.25,
506.32, and 506.41, the public comment period for these activities extends
30 days from the date published on the Coastal Coordination Council web site.
Requests for federal consistency review were received for the following projects(s)
during the period of June 1, 2001, through June 7, 2001. The public comment
period for these projects will close at 5:00 p.m. on July 16, 2001.
FEDERAL AGENCY ACTIONS
Applicant: U.S. Department of the Interior - U.S. Fish and Wildlife Service
Location: The project is located approximately 12 miles west of Sabine Pass,
TX, and 5 miles north on Clam Lake Road, at the junction of Clam Lake Road
ditch and the Gulf Intracoastal Waterway (GIWW). The project can be located
on the U.S.G.S. quadrangle map entitled Clam Lake, Texas. Approximate UTM
Coordinates: Zone 15; Easting: 391729; Northing: 3287588. CCC Project No.:
01-0209-F1. Description of Proposed Action: The applicant proposes to plug
an existing water control structure, using 2.62 cubic yards of clean soil
placed below the high water mark, and to construct a new water control structure
on the spoil levee of the GIWW, at an elevation greater than 5.4 feet. The
existing water control structure connects the GIWW to approximately 250 acres
of emergent marsh habitat. Because the structure is no longer serviceable,
water levels in the marsh fluctuate drastically and salinities regularly reach
levels greater than 20 ppt. The higher salinities and increased water amplitudes
have caused the marsh to convert from a fresh to intermediate marsh. As a
result, large areas of vegetation are dying and the marsh is highly fragmented.
The new structure should allow water to exit the marsh, but not enter, reducing
water fluctuations, salinity levels, and potential spill contamination. Type
of Application: This application is being evaluated under Section 10 of the
Rivers and Harbors Act of 1899 and Section 404 of the Clean Water Act.
Pursuant to §306(d)(14) of the Coastal Zone Management Act of 1972
(16 U.S.C.A. §§1451-1464), as amended, interested parties are invited
to submit comments on whether a proposed action is or is not consistent with
the Texas Coastal Management Program goals and policies and whether the action
should be referred to the Coastal Coordination Council for review.
Further information for the applications listed above may be obtained from
Ms. Diane P. Garcia, Council Secretary, Coastal Coordination Council, 1700
North Congress Avenue, Room 617, Austin, Texas 78701-1495, or diane.garcia@glo.state.tx.us.
Comments should be sent to Ms. Garcia at the above address or by fax at (512)
475-0680.
TRD-200103332
Larry R. Soward
Chief Clerk, General Land Office
Coastal Coordination Council
Filed: June 13, 2001
Local Sales Tax Rate Changes Effective July 1, 2001
[graphic]
[graphic]
TRD-200103189
Martin Cherry
Deputy General Counsel for Tax Policy and Agency Affairs
Comptroller of Public Accounts
Filed: June 7, 2001
Pursuant to §§403.011, 2155.001, and 2156.121, Texas Government
Code and Chapter 54, Subchapter F, §§54.602, and 54.611-618, Texas
Education Code, the Comptroller of Public Accounts (Comptroller) announces
this notice of contract award.
The notice of request for proposals (RFP #120c) was published in the February
23, 2001 issue of the
Texas Register
(26 TexReg
1778.)
The contractor will assist the Comptroller in providing records administration
and management services to the Texas Prepaid Higher Education Tuition Board
for the Texas Tomorrow Fund.
The contract is awarded to SCT Software & Resource Management Corporation,
4 Country View Road, Malvern, Pennsylvania 19355. The total amount of the
contract is $2,600,000.00. The contract was executed on June 12, 2001. The
term of the contract is June 12, 2001 through August 31, 2002.
TRD-200103333
William Clay Harris
Assistant General Counsel, Contracts Section
Comptroller of Public Accounts
Filed: June 13, 2001
Notice of Award: Pursuant to Section 1201.027, Chapter 2254, Chapter A,
and Sections Chapter 404, Subchapter H Texas Government Code, the Comptroller
of Public Accounts (Comptroller) announces this notice of outside counsel
contracts award for Task A as described the RFP noted below.
The notice of request for proposals (RFP #120i) was published in the March
16, 2001, issue of the
Texas Register
(26
TexReg 2225).
The outside counsel and co-counsel will assist Comptroller in the issuance
of Tax Anticipation Revenue Notes.
Two contracts were awarded as follows:
A contract was awarded to Vinson & Elkins LLP, bond counsel, 600 Congress
Ave., Ste. 2700, Austin, Texas 78701-3200. The total amount of this contract
is not to exceed $155,000.00.
A contract was awarded to Wickliff & Hall, P.C., co-bond counsel 1000
Louisiana, Ste. 5400, Houston, Texas 77002-5013. The total amount of this
contract is not to exceed $34,000.00.
The term of both contracts is June 7, 2001 through August 31, 2003.
TRD-200103292
William Clay Harris
Assistant General Counsel, Contracts
Comptroller of Public Accounts
Filed: June 12, 2001
Notice of Award: Pursuant to Section 1201.027, Chapter 2254, Chapter A,
and Sections Chapter 404, Subchapter H Texas Government Code, the Comptroller
of Public Accounts (Comptroller) announces this notice of financial advisor
contract award for Task A as described the RFP noted below.
The notice of request for proposals (RFP #121a) was published in the March
16, 2001, issue of the
Texas Register
(26
TexReg 2225).
The financial advisor will assist Comptroller in the issuance of Tax Anticipation
Revenue Notes.
A contract was awarded as follows:
A contract was awarded to Dain Rauscher Incorporated, 2700 North Haskell,
Ste. 2400, Dallas, Texas 75204-2936. The total amount of this contract is
not to exceed $35,975.00.
The term of both contracts is June 7, 2001 through August 31, 2003.
TRD-200103293
William Clay Harris
Assistant General Counsel, Contracts
Comptroller of Public Accounts
Filed: June 12, 2001
Notice of Rate Ceilings
The Consumer Credit Commissioner of Texas has ascertained the following
rate ceilings by use of the formulas and methods described in §303.003
and §303.009, Texas Finance Code.
The weekly ceiling as prescribed by §303.003 and §303.009 for
the period of June 18, 2001 - June 24, 2001 is 18% for Consumer
1
/Agricultural/Commercial
2
/credit thru
$250,000.
The weekly ceiling as prescribed by §303.003 and §303.009 for
the period of June 18, 2001 - June 24, 2001 is 18% for Commercial over $250,000.
1
Credit for personal, family or household
use.
2
Credit for business, commercial, investment
or other similar purpose.
TRD-200103327
Leslie L. Pettijohn
Commissioner
Office of Consumer Credit Commissioner
Filed: June 13, 2001
Notice to Bidders
The Texas Youth Commission invites bids for the new construction of 330
single cells, an additional classroom building, a vocational education building,
two open air gymnasiums, additional recreation areas, expand the existing
perimeter fence and road network, provide additional parking, extend/install
new utility lines, at Mart, Texas. The project is located at the existing
McLennan County State Juvenile Correctional Facility,116 West Burleson, Mart,
Texas 76664. The work includes construction of an additional 330 single cells,
an additional classroom building, a vocational education building, two open
air gymnasiums, additional recreation areas, expand the existing perimeter
fence and road network, provide additional parking, and extend/install new
utility lines as further shown in the Contract Documents prepared by : HKS,
Inc.
The successful bidder will be required to meet the following requirements
and submit evidence within five days after receiving notice of intent to award
from the Owner:
A. Contractor must have a minimum of five consecutive years of experience
as a General Contractor and provide references for at least three projects
within the last five years that have been completed of a dollar value and
complexity equal to or greater than the proposed project.
B. Contractor must be bondable and insurable at the levels required.
All Bid must be accompanied by a Bid Guarantee in the amount of 5.0% of
greatest amount bid. Bid Guarantee may be in the form of a Bid Bond or Certified
Check. Performance and Payment Bonds in the amount of 100% of the contract
amount will be required upon award of a contract. The Owner reserves the right
to reject any or all bids, and to waive any informality or irregularity.
Bid Documents can be purchased from the Architect/Engineer at a cost of
$ 220 (non-refundable) per set, inclusive of mailing/delivery costs, or they
may be viewed at various plan rooms. Payment checks for documents should be
made payable to the Architect/Engineer : HKS, Inc., 1919 McKinney Avenue,
Dallas, Texas 75201, Attention: Paul Liptak, Jennifer Kiefling; Phone: (214)
969-3118 FAX: (214) 969-3397.
A Pre-Bid conference will be held at 11am on June 28, 2001, at the McLennan
County State Juvenile Correctional Unit, in Mart Texas, followed by a site-visit.
ATTENDANCE IS MANDATORY.
Bids will be publicly opened and read at 2PM on July 17, 2001, in the Conference
Room at the Contracts and Procurement Office located in the Westhill Mall.
2 Financial Plaza, Suite 525, Huntsville, Texas 77340.
The Texas Youth Commission requires the Contractor to make a good faith
effort to include Historically Underutilized Businesses (HUB's) in at least
26.1% of the total value of this construction contract award. Attention is
called to the fact that not less than the minimum wage rates prescribed in
the Special Conditions must be paid on these projects.
TRD-200103208
Carl Reynolds
General Counsel
Texas Department of Criminal Justice
Filed: June 8, 2001
Notice of Proposed Initial Regular Permits and Technical Summaries
The Edwards Aquifer Authority hereby gives notice of the issuance of Proposed
Initial Regular Permits ("PIRP") and proposed denials of Applications for
Initial Regular Permits ("IRP Applications"). The PIRPs, if issued as final
Initial Regular Permits, would authorize the permittees to withdraw groundwater
from the Edwards Aquifer according to the terms and conditions set forth in
the permits. The conditions contained in the PIRPs concern the permit term,
groundwater withdrawal amounts, purpose of use, location of points of withdrawal,
place of use, meters, maximum rate of withdrawal, maximum historical use,
statutory minimums, phase-1 proportionally adjusted amounts, step-up amounts,
phase-2 proportionally adjusted amounts, equal percentage reduction amounts,
transfers, reporting, fees, beneficial use, waste, other water sources, termination,
interruption, and suspension of groundwater withdrawal amounts, restoration
of groundwater withdrawal amounts, diversions of surface water from the Guadalupe
River, amendments, conservation, reuse, registration of wells, water use reporting,
water quality, well construction, operation, maintenance and closure, well
head protection and spacing, interim authorization, filing and recording of
permits, change of address or telephone numbers, compliance with applicable
law, and enforcement.
A copy of the PIRPs, and proposed denials of IRP Applications, along with
the Technical Summaries, are available for public inspection at the offices
of the Edwards Aquifer Authority, 1615 North St. Mary's Street, San Antonio,
Texas 78215, Monday through Friday between the hours of 7:30 a.m. and 4:30
p.m.
A brief description of the PIRPs and proposed denials of IRP Applications,
summary of the reasons for denials, and Technical Summaries are set out in
the attached Table of Proposed Initial Regular Permits and Proposed Denials
of Applications for Initial Regular Permits.
All PIRPs, and any proposed denials of IRP Applications will be presented
to the board of directors for action within 60 days of the date of this Notice,
unless a Request for a Contested Case Hearing is submitted within 30 days
after publication of this Notice in the
Texas Register
pursuant to 25 TexReg 7529 (to be codified at 31 Texas Administrative
Code, §§707.601-707.604 relating to Procedures for Contested Case
Hearings on Application.)
An applicant, another applicant for a groundwater withdrawal permit, or
a permittee holding a groundwater withdrawal permit may request a hearing
on an IRP Application by filing with the Docket Clerk of the Authority on
or before the 30th day after the publication of this notice in the
Texas Register
in accordance with §§707.601-707.604. Specifically,
the deadline for filing a Request for a Contested Case Hearing is on or before
July 23, 2001.
A Request for a Contested Hearing Packet and instructions for filing a
Request for a Contested Case Hearing may be obtained by contacting the Docket
Clerk of the Authority, Ms. Brenda J. Davis.
This Notice of Proposed Initial Regular Permits and Technical Summaries
is published pursuant 31 Texas Administrative Code, §707.510(b), and
will be published in the
Texas Register
and
in the following six newspapers with circulation within the jurisdiction of
the Authority: Hondo Anvil Herald; Medina Valley Times; New Braunfels Herald
Zeitung; San Antonio Express-News; San Marcos Daily Record; and the Uvalde
Leader-News.
The Edwards Aquifer Authority proposes to grant the following Initial Regular
Permit:
Application Number--ME00356
Owner Name--Emilie E. Cowan
Purpose--Irrigation
Proposed IRP--228.000 acre feet
Pool--San Antonio
Place of Use--Medina
If you have questions on any information in this notice or in the event
you require additional information on hearing procedures, you may contact
Ms. Brenda J. Davis, Docket Clerk for the Authority, at (210) 222-2204 or
1-800-292-1047.
TRD-200103321
Gregory M. Ellis
General Manager
Edwards Aquifer Authority
Filed: June 12, 2001
Notice of Emergency Order on Walter Sekaly
Notice is hereby given that the Bureau of Radiation Control (bureau) ordered
Walter Sekaly to immediately allow bureau representatives to impound all x-ray
machines located at his property in Beaumont. Mr. Sekaly owns or manages the
property once occupied by Golden Triangle Dental Center (registrant-R21771,
expired) of Beaumont. The x-ray machines were previously registered to Golden
Triangle Dental Center and abandoned at the property by the registrant. The
order also requires Mr. Sekaly to ensure the property is secure from unauthorized
access by the public. The bureau determined that x-ray machines not in the
possession of or under the supervision of an authorized registrant presents
a potential threat to public health and safety.
A copy of all relevant material is available for public inspection at the
Bureau of Radiation Control, Texas Department of Health, Exchange Building,
8407 Wall Street, Austin, Texas, telephone (512) 834-6688, Monday-Friday,
8:00 a.m. to 5:00 p.m. (except holidays).
TRD-200103305
Susan K. Steeg
General Counsel
Texas Department of Health
Filed: June 12, 2001
Pursuant to 25 Texas Administrative Code (TAC), §289.205, the Bureau
of Radiation Control (bureau), Texas Department of Health (department), filed
a complaint against Steve Cagle, c/o Technical Welding Laboratory, Inc., Pasadena,
Texas Industrial Radiographer Identification Card audit number 11197. The
department intends to revoke the industrial radiographer identification card,
and order the industrial radiographer to cease and desist use of sources of
radiation in Texas as a result of alleged violations of the 25 TAC, §289.255.
This notice affords the opportunity to the industrial radiographer for
a hearing to show cause why the industrial radiographer identification card
should not be revoked. A written request for a hearing must be received by
the bureau within 30 days from the date of service of the complaint to be
valid. Such written request must be filed with Richard A. Ratliff, P.E., Chief,
Bureau of Radiation Control (Director, Radiation Control Program), 1100 West
49th Street, Austin, Texas 78756-3189. Should no request for a public hearing
be timely filed, the industrial radiographer identification card will be revoked
at the end of the 30-day period of notice.
A copy of all relevant material is available for public inspection at the
Bureau of Radiation Control, Texas Department of Health, Exchange Building,
8407 Wall Street, Austin, Texas, telephone (512) 834-6688, Monday-Friday,
8:00 a.m. to 5:00 p.m. (except holidays).
TRD-200103306
Susan K. Steeg
General Counsel
Texas Department of Health
Filed: June 12, 2001
INTRODUCTION
The Texas Department of Health (department) requests proposals for Ryan
White/Title II Human Immunodeficiency Virus (HIV) services projects for the
project period of January 1, 2002 through March 31, 2006. The purpose of the
projects are to increase participation of minorities with HIV disease in the
Texas HIV Medication Program (THMP) through grants to community-based organizations
which serve minority populations. The target population are incarcerated and
recently released African Americans, Hispanics and others in federal, state,
or local adult and juvenile institutions in the state's two highest morbidity
counties, Harris and Dallas. Project services will include: outreach, clinical
services, case management, eligibility assistance and comprehensive support
services. Project proposals will be reviewed and awarded on a competitive
basis.
PROJECT AND BUDGET PERIODS
Project Periods. There will be a 15-month initial project period of January
1, 2002 through March 31, 2003, plus three 12-month project periods beginning
April 1, 2003 through March 31, 2006.
Budget Periods. The TDH HIV/STD Clinical Resources Division will assign
the contract period for each successful applicant. It is expected that the
federally-funded contracts will begin on or about January 1, 2002, and will
be made for a 3 month budget period (January 1, 2002 - March 31, 2002). A
second contract will cover the 12-month period of April 1, 2002 through March
31, 2003. These contracts are renewable for three additional 12-month periods
through the project period ending March 31, 2006. Award of continuation funds
for each project period is dependent upon successful project performance as
stipulated in the agency contract.
AVAILABLE FUNDS
The projected amount available is approximately $477,014 per 12-month period.
The department expects to fund two projects with an average award of approximately
$238,507 per project. The specific dollar amount to be awarded will depend
upon the merit and scope of the proposed project. Award of these funds is
contingent upon annual federal grant awards to the department from the Health
Resources and Services Administration (HRSA).
Continued funding in future years will be based upon the availability of
funds and documented progress in the provision of services to minority populations
during the project period. Funding may vary and is subject to change for each
budget period.
PURPOSE
Citing the continuing under-representation of minorities in state run AIDS
Drug Assistance Programs (ADAP), Congress designated funds under the Ryan
White/Title II Care Act to support educational and outreach grants to minority
community-based organizations to increase the number of minorities participating
in ADAP. According to the Health Resources and Services Administration (HRSA),
Congressional intent is for these funds to be used to expand or support new
initiatives consistent with the goal of having 100 percent access to quality
care consistent with established guidelines, and zero percent disparity in
health outcomes.
Underscoring the fact that more needs to be done to reduce disparities
in minority health status and outcomes, the department proposes through this
grant to target incarcerated and recently released African Americans, Hispanics,
and others in federal, state or local adult and juvenile institutions in the
state's two highest morbidity counties, Harris and Dallas. Minorities are
over-represented in the incarcerated population and those with HIV are not
accessing needed ADAP and other health and social services.
Project activities will focus on development of model systems and protocols
for the screening, care, treatment and follow-up of minority inmates and recently
released individuals who are living with HIV. The overall goal of the project
is to increase minority client-level health outcomes by documenting increased
participation in the THMP.
Other Project Goals include:
increasing the number of minority inmates and recently released individuals
who apply for the THMP;
increasing access of minority inmates and recently released individuals
to Ryan White Title II care programs and services at an earlier stage in their
illness, including new treatments, consistent with established clinical and
case management standards of care;
increasing the number of inmates and recently released individuals who
receive health education/risk reduction counseling, early-on communicable
disease screening, risk assessment, screening and treatment for HIV and other
communicable diseases; and
developing policies and procedures for providing continuity of care, and
establishing memoranda of understanding (MOU) between community and correctional
entities.
Project strategies may include: racially or ethnically sensitive and culturally
competent treatment education and outreach services and project staff; programs
and services that facilitate change in community norms regarding testing late
in the progression of the HIV disease; education and outreach programs which
emphasize early detection as well as treatment education; strong linkages
with correctional facilities, service providers, collaborating agencies and
the community; on-site case managers and eligibility workers at correctional
facilities and health clinics that can assist clients in early testing of
individuals and immediate accessing of care following their receipt of HIV
test results; assistance in obtaining medical/primary health care, substance
abuse counseling and treatment, mental health services and other comprehensive
support services; peer counseling; advocacy; and HIV-focused transportation.
Applicants are encouraged to propose innovative project activities that
will assist minority individuals and families with HIV infection to access
and remain in critical HIV health care and services, including accessing the
THMP.
Ideally, the applicant should consult with the infected and affected populations,
current and potential service providers in their community, community leaders
in other fields (e.g., local elected officials, clergy, etc.), federal, state
or local adult and juvenile institutions, Ryan White Title II Consortium,
Ryan White Title I Planning Council, Ryan White Title III and IV grantees
and the department's regional HIV Coordinator when planning the special project.
ELIGIBLE APPLICANTS
Only non-profit minority community-based organizations located within Harris
or Dallas Counties, Texas are eligible for this grant. For purposes of this
grant, a minority provider is defined as one in which fifty-one percent or
more of key staff and managers are members of a minority community. Adequate
representation of minorities in the provider's board that the provider is
expected, or proposed to serve will be considered. Individuals are not eligible
to apply. Applicants must have experience and/or expertise in working with
the target population(s). Entities that have had state or federal contracts
terminated within the last 24 months for deficiencies in fiscal or programmatic
performance are not eligible to apply. Applicants must provide historical
evidence of fiscal and administrative responsibility as outlined in the administrative
information of the grant instructions.
SCHEDULE OF EVENTS
Issuance of RFP: (July 19, 2001)
Letters of Intent Due: (August 20, 2001)
Deadline for Technical Assistance Requests: (August 20, 2001)
Application Deadline: (September 19, 2001)
Award Notification to All Applicants: (October 19, 2001)
Estimated Contract Start Date: (January 1, 2002)
TO OBTAIN A COPY OF THE RFP
For a copy of the RFP, please contact Ms. Laura Ramos, HIV/STD Health Resources
Division, at (512) 490-2525 or e-mail: laura.ramos@tdh.state.tx.us. Copies
of the RFP and forms may also be obtained at the Bureau of HIV and STD Prevention
web site, http://www.tdh.state.tx.us/hivstd/grants/default.htm. No copies
of the RFP will be released prior to July 19, 2001.
TRD-200103339
Susan K. Steeg
General Counsel
Texas Department of Health
Filed: June 13, 2001
Request for Proposals
The Houston-Galveston Area Council (H-GAC) solicits qualified individuals
or organizations to provide English language testing, English as a second
language instruction, and review/preparation for the Texas Board of Nurse
Examiners test to license registered nurses. Services will be provided for
legal immigrants or resident aliens who have nursing credentials from a foreign
country to allow these individuals to pass the Texas' registered nurses examination,
be licensed, and go to work in the Houston area. Prospective proposers may
request that the proposal package be sent in hard copy or may access the package
for download at
http://www.theworksource.org.
The proposal package contains detailed information and instructions on preparing
a response. Prospective proposers may contact Carol Kimmick to request a package
by writing her at H-GAC, Human Services-Workforce, P.O. Box 2777, Houston,
Texas, 77227-2777, by calling her at (713) 627-3200 or by sending e-mail to
TRD-200103177
Jack Steele
Executive Director
Houston-Galveston Area Council
Filed: June 6, 2001
Amended Notice
Notice of the previous filing was published in the May 25, 2001 issue of
the
Texas Register
(26 TexReg 3860).
The Commissioner of Insurance, or his designee, will consider approval
of a rate filing request submitted by American International Insurance Company
proposing to use rates for homeowners insurance that are outside the upper
or lower limits of the flexibility band promulgated by the Commissioner of
Insurance, pursuant to TEX. INS. CODE ANN. art 5.101 §3(g). The Company
is requesting the following flex percent of -40% to +30% range for HO-A, HO-B &
HO-C coverage forms by territory and size of risk range. The company is requesting
-15% to +30% range for HO-BT, HO-CT, HO-CON-B & HO-CON-C coverage forms
by territory and size of risk range.
In addition, the
company proposes splitting Texas territories 1, 11 and 14 into subterritories.
Texas territory 1, Harris County, is being split by ZIP codes into two subterritories.
Texas territory 11 is being split into 3 subterritories. The new subterritories
will include numerous ZIP codes in Fort Bend County, the City of McAllen in
Hidalgo County, and the remainder of Texas territory 11. Texas territory 14
is subdivided into the entire county of Montgomery and the remainder of Texas
territory 14. The filing also proposes changes to the optional credits and
introduces new credits and additions to the Personal Lines Manual.
This is a new program, so there is no rate change effect.
Copies of the filing may be obtained by contacting George Russell, at the
Texas Department of Insurance, Automobile/Homeowners Division, P.O. Box 149104,
Austin, Texas 78714-9104, telephone (512) 305-7468.
This filing is subject to Department approval without a hearing unless
a properly filed objection, pursuant to art. 5.101 §3(h), is made with
the Chief Actuary for P&C, Mr. Phil Presley, at the Texas Department of
Insurance, MC 105-5F, P.O. Box 149104, Austin, Texas 78701 by July 23, 2001.
TRD-200103194
Judy Woolley
Deputy Chief Clerk
Texas Department of Insurance
Filed: June 7, 2001
Application to change the name of MINNESOTA FIRE AND CASUALTY COMPANY to
HARLEYSVILLE INSURANCE COMPANY, a foreign fire and casualty company. The home
office is in Minneapolis, Minnesota.
Application to change the name of HERITAGE MUTUAL INSURANCE COMPANY to
ACUITY, A MUTUAL INSURANCE COMPANY, a foreign fire and casualty company. The
home office is in Sheboygan, Wisconsin.
Any objections must be filed with the Texas Department of Insurance, addressed
to the attention of Godwin Ohaechesi, 333 Guadalupe Street, M/C 305-2C, Austin,
Texas 78701.
TRD-200103336
Judy Woolley
Deputy Chief Clerk
Texas Department of Insurance
Filed: June 13, 2001
Pursuant of the Texas Insurance Code, Section 40.059 and 28 TAC §1.1317(3),
the Commissioner of Insurance will hold a public meeting to consider the proposal
for decision and the exception, replies, brief and arguments of the parties
in SOAH Docket No. 454-01-0449.G In the Matter of Residential Property Insurance
Benchmark Rate Setting & Texas Windstorm Insurance Rate Setting. The parties
are permitted to make oral argument before the commissioner in the same order
of presentation as in the benchmark hearing. The public meeting is scheduled
for July 17, 2001 at 1:30 p.m. in Room 100 of the William P. Hobby, Jr. State
Office Building, 333 Guadalupe Street in Austin, Texas.
TRD-200103322
Judy Woolley
Deputy Chief Clerk
Texas Department of Insurance
Filed: June 12, 2001
Correction of Error
The Texas Natural Resource Conservation Commission adopted changes to 30
TAC Chapter 285, concerning on-site sewage facilities. The rules were published
in the June 8, 2001,
Texas Register
(26 TexReg
4115). The agency's submission contained the following errors.
In §285.3(b)(3) on page 4187, first column, the sentence that reads,
"...(relating to Tables) or the owner's agent, must record in the county deed
records..." omits a reference to "the affidavit". The sentence should read
as follows. "...(relating to Tables) or the owner's agent, must record the
affidavit in the county deed records..."
In §285.90(2) on page 4212, second column, the figure tag reads, "Figure
2. Affidavit to the Public." The tag should read, "Figure 2. Model Deed and
Affidavit Language."
In §285.91(5) on page 4213, first column, the table title reads, "(5)
Table V. Criteria for Standard Subsurface Disposal Methods," The correct title
should read as follows. "(5) Table V. Criteria for Standard Subsurface Absorption
systems."
TRD-200103350
An agreed order was entered regarding WEATHERFORD AEROSPACE, INC., Docket
Number 1999-1476-IHW-E on May 29, 2001 assessing $50,000 in administrative
penalties.
Information concerning any aspect of this order may be obtained by contacting
LISA DYER, Staff Attorney at (512) 239-5692, Texas Natural Resource Conservation
Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding WORTH OIL COMPANY DBA WORTH OIL #9724,
Docket Number 1999-1069-PST-E on May 29, 2001 assessing $50,000 in administrative
penalties.
Information concerning any aspect of this order may be obtained by contacting
RICHARD O'CONNELL, Staff Attorney at (512) 239-5528, Texas Natural Resource
Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding COLLIER'S TOP OF TEXAS, INC., Docket
Number 2000-0642-AIR-E on May 29, 2001 assessing $3,500 in administrative
penalties.
Information concerning any aspect of this order may be obtained by contacting
TONI TOLIVER, SEP Coordinator at (512) 239-6122, Texas Natural Resource Conservation
Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding CROSSTEX/WRA GAS SERVICES, Docket
Number 2000-0999-AIR-E on May 29, 2001 assessing $6,750 in administrative
penalties with $1,350 deferred.
Information concerning any aspect of this order may be obtained by contacting
CAROL MCGRATH, Enforcement Coordinator at (361) 825-3275, Texas Natural Resource
Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding E. I. DUPONT DE NEMOURS & COMPANY,
INC., Docket Number 2000-0974-AIR-E on May 29, 2001 assessing $6,250 in administrative
penalties.
Information concerning any aspect of this order may be obtained by contacting
TONI TOLIVER, SEP Coordinator at (512) 239-6122, Texas Natural Resource Conservation
Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding GLEN ENOS DBA JIM ENOS MOTORS, Docket
Number 2000-1256-AIR-E on May 29, 2001 assessing $750 in administrative penalties
with $150 deferred.
Information concerning any aspect of this order may be obtained by contacting
JUDY FOX, Enforcement Coordinator at (871) 588-5825, Texas Natural Resource
Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding EOG RESOURCES INC, Docket Number
2000-1134-AIR-E on May 29, 2001 assessing $1,875 in administrative penalties
with $375 deferred.
Information concerning any aspect of this order may be obtained by contacting
TONI TOLIVER, SEP Coordinator at (512) 239-6122*, Texas Natural Resource Conservation
Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding ALLIANCE RIGGERS & CONSTRUCTORS
LTD, Docket Number 2000-1442-AIR-E on May 29, 2001 assessing $750 in administrative
penalties with $150 deferred.
Information concerning any aspect of this order may be obtained by contacting
STACEY YOUNG, Enforcement Coordinator at (512) 239-1899*, Texas Natural Resource
Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding PIONEER NATURAL RESOURCES USA, INCORPORATED,
Docket Number 2000-1388-AIR-E on May 29, 2001 assessing $3,750 in administrative
penalties with $750 deferred.
Information concerning any aspect of this order may be obtained by contacting
STACEY YOUNG, Enforcement Coordinator at (512) 239-1899*, Texas Natural Resource
Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding FEW READY MIX CONCRETE COMPANY, Docket
Number 2000-1347-AIR-E on May 29, 2001 assessing $500 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
JOHN BERRY, Enforcement Coordinator at (409) 899-8791*, Texas Natural Resource
Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding MOBIL OIL CORPORATION, Docket Number
2000-0530-AIR-E on May 29, 2001 assessing $162,000 in administrative penalties
with $32,400 deferred.
Information concerning any aspect of this order may be obtained by contacting
TONI TOLIVER, SEP Coordinator at (512) 239-6122, Texas Natural Resource Conservation
Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding FOAM FABRICATORS, INC., Docket Number
2000-1177-AIR-E on May 29, 2001 assessing $6,050 in administrative penalties
with $1,210 deferred.
Information concerning any aspect of this order may be obtained by contacting
WENDY COOPER, Enforcement Coordinator at (817) 588-5867, Texas Natural Resource
Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding FFP MARKETING COMPANY, INC., Docket
Number 2000-1443-AIR-E on May 29, 2001 assessing $750 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
STACEY YOUNG, Enforcement Coordinator at (512) 239-1899, Texas Natural Resource
Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding ENGINEERED CARBONS, INCORPORATED,
Docket Number 2000-0972-AIR-E on May 29, 2001 assessing $78,750 in administrative
penalties.
Information concerning any aspect of this order may be obtained by contacting
TONI TOLIVER, SEP Coordinator at (512) 239-6122*, Texas Natural Resource Conservation
Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding R. L. ELDRIDGE CONSTRUCTION INC.
DBA GABBY'S DOCK, Docket Number 2000-1373-AIR-E on May 29, 2001 assessing
$1,000 in administrative penalties with $200 deferred.
Information concerning any aspect of this order may be obtained by contacting
LAURA CLARK, Enforcement Coordinator at (409) 899-8760*, Texas Natural Resource
Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding OVERWRAPS PACKAGING, L.P., Docket
Number 2000-0684-AIR-E on May 29, 2001 assessing $10,000 in administrative
penalties.
Information concerning any aspect of this order may be obtained by contacting
TONI TOLIVER, SEP Coordinator at (512) 239-6122*, Texas Natural Resource Conservation
Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding SCYTHIAN, LTD., Docket Number 2000-0715-AIR-E
on May 29, 2001 assessing $7,000 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
GARY SHIPP, Enforcement Coordinator at (806) 796-7092, Texas Natural Resource
Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An order was entered regarding TEXAS LEHIGH CEMENT COMPANY, Docket Number
2001-0500-AIR-E on May 29, 2001.
Information concerning any aspect of this order may be obtained by contacting
VICTOR SIMONDS, Staff Attorney at (512) 239-6201*, Texas Natural Resource
Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An order was entered regarding TEXAS LEHIGH CEMENT COMPANY, Docket Number
2001-0501-AIR-E on May 29, 2001.
Information concerning any aspect of this order may be obtained by contacting
VICTOR SIMONDS, Staff Attorney at (512) 239-6201*, Texas Natural Resource
Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding RANGER AVIATION ENTERPRISES, INC.,
Docket Number 2000-1141-IHW-E on May 29, 2001 assessing $4,950 in administrative
penalties with $990 deferred.
Information concerning any aspect of this order may be obtained by contacting
MARK NEWMAN, Enforcement Coordinator at (915) 655-9479*, Texas Natural Resource
Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding OFS, INC., Docket Number 2000-1015-IHW-E
on May 29, 2001 assessing $6,250 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
CATHERINE SHERMAN, Enforcement Coordinator at (713) 767-3624, Texas Natural
Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding JACINTOPORT INTERNATIONAL LP, Docket
Number 2000-0942-IWD-E on May 29, 2001 assessing $1,800 in administrative
penalties with $360 deferred.
Information concerning any aspect of this order may be obtained by contacting
CATHERINE SHERMAN, Enforcement Coordinator at (713) 767-3624, Texas Natural
Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding TXU ELECTRIC COMPANY, Docket Number
2000-0861-IWD-E on May 29, 2001 assessing $6,000 in administrative penalties
with $1,200 deferred.
Information concerning any aspect of this order may be obtained by contacting
SUZANNE WALRATH, Enforcement Coordinator at (512) 239-2134*, Texas Natural
Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding PETRO, INC., Docket Number 2000-1045-IWD-E
on May 29, 2001 assessing $4,500 in administrative penalties with $900 deferred.
Information concerning any aspect of this order may be obtained by contacting
STEVEN LOPEZ, Enforcement Coordinator at (512) 239-1896*, Texas Natural Resource
Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding NORTH ORANGE WATER & SEWER LLC
DBA LANGFORD PLACE, Docket Number 2000-1013-MLM-E on May 29, 2001 assessing
$1,375 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
LAURA CLARK, Enforcement Coordinator at (409) 899-8760*, Texas Natural Resource
Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.
A default order was entered regarding R. J. SHERWIN DBA THE MARINA ON LAKE
MEDINA, LLC, Docket Number 2000-0210-MLM-E on May 29, 2001 assessing $3,000
in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
GITANJALI YADAV, Staff Attorney at (512) 239-2029, Texas Natural Resource
Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding CITY OF AMHERST, Docket Number 2000-0987-MSW-E
on May 29, 2001 assessing $4,375 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
GARY SHIPP, Enforcement Coordinator at (806) 796-7092, Texas Natural Resource
Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding MR. DOYLE RINN DBA BALLINGER AUTO
WRECKING, Docket Number 2000-0410-MSW-E on May 29, 2001 assessing $3,125 in
administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
JAMES BEAUCHAMP, Enforcement Coordinator at (915) 698-9674, Texas Natural
Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding HARDIN COUNTY WATER CONTROL IMPROVEMENT
DISTRICT NO. 1, Docket Number 2000-1008-MWD-E on May 29, 2001 assessing $11,250
in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
TONI TOLIVER, SEP Coordinator at (512) 239-6122*, Texas Natural Resource Conservation
Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding MOUNTAIN MAN INC., Docket Number
2000-0990-MWD-E on May 29, 2001 assessing $3,000 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
DAVID VAN SOEST, Enforcement Coordinator at (512) 239-0468, Texas Natural
Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding WHARTON COUNTY WATER CONTROL IMPROVEMENT
DISTRICT NO. 2, Docket Number 2000-0905-MWD-E on May 29, 2001 assessing $5,000
in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
DAVID VAN SOEST, Enforcement Coordinator at (512) 239-0468, Texas Natural
Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding CITY OF MENARD, Docket Number 2000-0810-MWD-E
on May 29, 2001 assessing $2,500 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
TONI TOLIVER, SEP Coordinator at (512) 239-6122*, Texas Natural Resource Conservation
Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding GRAPE CREEK/PULLIAM INDEPENDENT SCHOOL
DISTRICT, Docket Number 2000-1178-MWD-E on May 29, 2001 assessing $6,000 in
administrative penalties with $1,200 deferred.
Information concerning any aspect of this order may be obtained by contacting
MARK NEWMAN, Enforcement Coordinator at (915) 655-9479*, Texas Natural Resource
Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding CITY OF RAYMONDVILLE, Docket Number
2000-0823-MWD-E on May 29, 2001 assessing $7,500 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
TONI TOLIVER, SEP Coordinator at (512) 239-6122*, Texas Natural Resource Conservation
Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding RICHARD TATSCH, Docket Number 1999-1370-OSI-E
on May 29, 2001 assessing $750 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
DARREN REAM, Staff Attorney at (817) 588-5878, Texas Natural Resource Conservation
Commission, P.O. Box 13087, Austin, Texas 78711-3087.
A default order was entered regarding FRANCISCO SOLIS, Docket Number 2000-0014-OSS-E
on May 29, 2001 assessing $1,250 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
LAURIE LINDSEY, Staff Attorney at (512) 239-3693*, Texas Natural Resource
Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding MR. SUNIL KUMAR PATEL DBA COUNTRY
CORNER, Docket Number 2000-0908-PST-E on May 29, 2001 assessing $3,150 in
administrative penalties with $630 deferred.
Information concerning any aspect of this order may be obtained by contacting
WENDY COOPER, Enforcement Coordinator at (817) 588-5867*, Texas Natural Resource
Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding SPEEDY STOP FOOD STORES, LTD., Docket
Number 2000-1056-PST-E on May 29, 2001 assessing $27,500 in administrative
penalties with $5,500 deferred.
Information concerning any aspect of this order may be obtained by contacting
AUDRA BAUMGARTNER, Enforcement Coordinator at (361) 825-3312, Texas Natural
Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding MR. ZAKI NIAZI DBA KING MART #4,
Docket Number 2000-0520-PST-E on May 29, 2001 assessing $13,750 in administrative
penalties.
Information concerning any aspect of this order may be obtained by contacting
TRINA K. LEWISON, Enforcement Coordinator at (713) 767-3607*, Texas Natural
Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding ASHFAQ AHMED & KULSOOM YOUSUF
DBA FINA, Docket Number 2000-1139-PST-E on May 29, 2001 assessing $1,000 in
administrative penalties with $200 deferred.
Information concerning any aspect of this order may be obtained by contacting
THOMAS JECHA, Enforcement Coordinator at (512) 239-2576*, Texas Natural Resource
Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding AKBER ALLAUDDIN DBA E-Z SEVEN FOOD
MART, Docket Number 2000-1133-PST-E on May 29, 2001 assesssing $4,375 in administrative
penalties.
Information concerning any aspect of this order may be obtained by contacting
GLORIA STANFORD, Enforcement Coordinator at (512) 239-1871*, Texas Natural
Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.
A default order was entered regarding GBAK PROPERTIES INC. DBA SUNRISE
CONVENIENCE STORE, Docket Number 2000-0600-PST-E on May 29, 2001 assessing
$1,250 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
LAURENCIA FASOYIRO, Staff Attorney at (713) 422-8914, Texas Natural Resource
Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding CHAMPION WINDOW, INC., Docket Number
2000-1094-PWS-E on May 29, 2001 assessing $3,813 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
JAYME BROWN, Enforcement Coordinator at (512) 239-1683*, Texas Natural Resource
Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding MIDWAY PETROLEUM, LP, Docket Number
2000-1341-PWS-E on May 29, 2001 assessing $938 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
SUBHASH JAIN, Enforcement Coordinator at (512) 239-5867*, Texas Natural Resource
Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding GARY LUCAS DBA TURF ESTATES WATER
SYSTEM, Docket Number 2000-0888-PWS-E on May 29, 2001 assessing $313 in administrative
penalties.
Information concerning any aspect of this order may be obtained by contacting
REBECCA CERVANTES, Enforcement Coordinator at (915) 834-4965*, Texas Natural
Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding UNITED GALVANIZING, INC., Docket
Number 2000-1167-PWS-E on May 29, 2001 assessing $938 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
BRIAN LEHMKUHLE, Enforcement Coordinator at (512) 239-4482, Texas Natural
Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding STAR MOUNTAIN WATER SUPPLY CORPORATION,
Docket Number 2000-0944-PWS-E on May 29, 2001 assessing $788 in administrative
penalties.
Information concerning any aspect of this order may be obtained by contacting
CAROLYN LIND, Enforcement Coordinator at (903) 535-5145, Texas Natural Resource
Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding RIDERVILLE WATER SUPPLY CORPORATION,
Docket Number 2000-0943-PWS-E on May 29, 2001 assessing $1,125 in administrative
penalties.
Information concerning any aspect of this order may be obtained by contacting
CAROLYN LIND, Enforcement Coordinator at (903) 535-5162, Texas Natural Resource
Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding LILLY GROVE SPECIAL UTILITY DISTRICT,
Docket Number 2000-0837-PWS-E on May 29, 2001 assessing $2,726 in administrative
penalties with $70 deferred.
Information concerning any aspect of this order may be obtained by contacting
TONI TOLIVER, SEP Coordinator at (512) 239-6122*, Texas Natural Resource Conservation
Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding CITY OF HAMLIN, Docket Number 2000-1235-PWS-E
on May 29, 2001 assessing $3,125 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
SUBHASH JAIN, Enforcement Coordinator at (512) 239-5867*, Texas Natural Resource
Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding KENNETH F. SMITH, Docket Number 2000-0759-WOC-E
on May 29, 2001.
Information concerning any aspect of this order may be obtained by contacting
REYNALDO DELOSSANTOS, Staff Attorney at (210) 403-4016**, Texas Natural Resource
Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding WORTH OIL COMPANY, Docket Number
1999-1438-PST-E on May 29, 2001 assessing $2,875 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
RICHARD O'CONNELL, Staff Attorney at (512) 239-5528, Texas Natural Resource
Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.
TRD-200103183
LaDonna Castañuela
Chief Clerk
Texas Natural Resource Conservation Commission
Filed: June 6, 2001
The Texas Natural Resource Conservation Commission (TNRCC or commission)
staff is providing an opportunity for written public comment on the listed
Default Orders (DOs). The TNRCC staff proposes a DO when the staff has sent
an Executive Director's Preliminary Report and Petition (EDPRP) to an entity
outlining the alleged violations; the proposed penalty; and the proposed technical
requirements necessary to bring the entity back into compliance, and the entity
fails to request a hearing on the matter within 20 days of its receipt of
the EDPRP. Similar to the procedure followed with respect to Agreed Orders
entered into by the executive director of the TNRCC pursuant to Texas Water
Code (TWC), §7.075, this notice of the proposed order and the opportunity
to comment is published in the
Texas Register
no later than the 30th day before the date on which the public comment period
closes, which in this case is
July 23, 2001
.
The TNRCC will consider any written comments received and the TNRCC may withdraw
or withhold approval of a DO if a comment discloses facts or considerations
that indicate that a proposed DO 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 DO is not
required to be published if those changes are made in response to written
comments.
A copy of each of the proposed DOs is available for public inspection at
both the TNRCC's Central Office, located at 12100 Park 35 Circle, Building
A, 3rd Floor, Austin, Texas 78753, (512) 239-3400 and at the applicable Regional
Office listed as follows. Comments about the DO should be sent to the attorney
designated for the DO 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 July 23, 2001
. Comments may also be sent by facsimile
machine to the attorney at (512) 239-3434. The TNRCC attorneys are available
to discuss the DOs and/or the comment procedure at the listed phone numbers;
however, comments on the DOs should be submitted to the TNRCC in
writing
.
(1) COMPANY: Joe Ruiz dba J-B Kustoms; DOCKET NUMBER: 2000-0225-AIR-E;
TNRCC ID NUMBER: DB-5020-G; LOCATION: 706 East Redbird Lane, Suite 120, Duncanville,
Dallas County, Texas; TYPE OF FACILITY: auto body repair and painting shop,
(shop); RULES VIOLATED: §382.085(b) and §382.0518(a), by failing
to obtain a permit prior to construction or to satisfy the conditions of a
permit by rule prior to operating an auto body refinishing shop; §115.421(a)(8)(B)
and Texas Health and Safety Code (THSC), §382.085(b), by failing to meet
the volatile organic compound content requirements for paints and solvents
used for auto body refinishing; §115.422(1)(A) and THSC, §382.085(b),
by failing to use a solvent with a vapor pressure of less than 100 mmHg at
68ø Fahrenheit for non-enclosed equipment cleaning; §115.426(a)(1)(A)
and THSC, §382.085(b), by failing to maintain records of the vapor pressure
of the solvent used for non-enclosed equipment cleaning; PENALTY: $5,000;
STAFF ATTORNEY: Darren Ream, Litigation Division, MC R-4, (817) 588-5878;
REGIONAL OFFICE: Arlington Regional Office, 1101 East Arkansas Lane, Arlington,
Texas 76010-6499, (817) 588-5800.
(2) COMPANY: John Randall Hunt aka Randy Jo Hunt dba Hunt Utility Company;
DOCKET NUMBER: 1999-1390-OSS-E; TNRCC ID NUMBER: OS2936; LOCATION: intersection
of Highway 190 and Counts Road, Precinct 4, Point Blank, San Jacinto County,
Texas; TYPE OF FACILITY: on-site sewage facility (OSSF); RULES VIOLATED: §285.50(c)
and THSC, §366.071, by misrepresenting himself as a certified OSSF Installer
II by entering into an agreement and accepting compensation to perform services,
construct, and install an OSSF; PENALTY: $688; STAFF ATTORNEY: Joshua M. Olszewski,
Litigation Division, MC 175, (512) 239-3400; REGIONAL OFFICE: Beaumont Regional
Office, 3870 Eastex Fwy., Beaumont, Texas 77703-1892, (409) 892-2119.
(3) COMPANY: Po Jung Chen aka Paul Chen and Sunilandings Utilities, Inc.;
DOCKET NUMBER: 2000-0652-MLM-E; TNRCC ID NUMBERS: 0290056, 12653-001, 20739,
12525; LOCATION: Sunilandings Subdivision in Enchanted Harbor, immediately
south of the intersection of County Road 306 and Dolphin Drive, Port Alto,
Calhoun County, Texas; TYPE OF FACILITY: wastewater treatment facility and
public drinking water system (PDWS); RULES VIOLATED: §305.125(2) and
TWC, §26.121, by failing to renew the required water quality discharge
permit for an active PDWS by submitting a renewal application prior to the
expiration of Water Quality Permit Number 12653-001; §291.21(a) and TWC, §13.135,
by charging sewer and water utility rates higher than those prescribed in
the approved tariffs sections without submitting an application requesting
a rate increase; PENALTY: $7,150; STAFF ATTORNEY: Scott McDonald, Litigation
Division, MC R-4, (817) 588-5888; REGIONAL OFFICE: Corpus Christi Regional
Office, 6300 Ocean Dr., Ste. 1200, Corpus Christi, Texas 78412-5503, (361)
825-3100.
TRD-200103297
Paul C. Sarahan
Director, Litigation Division
Texas Natural Resource Conservation Commission
Filed: June 12, 2001
The Texas Natural Resource Conservation Commission (TNRCC or commission)
staff is providing an opportunity for written public comment on the listed
Agreed Orders (AOs) pursuant to Texas Water Code (the Code), §7.075,
which requires that the TNRCC may not approve these AOs unless the public
has been provided an opportunity to submit written comments. Section 7.075
requires that notice of the proposed orders and of the opportunity to comment
must be published in the
Texas Register
no
later than the 30th day before the date on which the public comment period
closes, which in this case is
July 23, 2001
.
Section 7.075 also requires that the TNRCC promptly consider any written comments
received and that the TNRCC may withhold approval of an AO if a comment discloses
facts or considerations that indicate the proposed AO is inappropriate, improper,
inadequate, or inconsistent with the requirements of the Code, the Texas Health
and Safety Code (THSC), and/or the Texas Clean Air Act (the Act). Additional
notice is not required if changes to an AO are made in response to written
comments.
A copy of each of the proposed AOs is available for public inspection at
both the TNRCC's Central Office, located at 12100 Park 35 Circle, Building
C, 1st Floor, Austin, Texas 78753, (512) 239-1864 and at the applicable Regional
Office listed as follows. Written comments about these AOs should be sent
to the enforcement coordinator designated for each AO at the TNRCC's Central
Office at P.O. Box 13087, Austin, Texas 78711-3087 and must be
received by 5:00 p.m. on July 23, 2001
. Written comments may also be
sent by facsimile machine to the enforcement coordinator at (512) 239-2550.
The TNRCC enforcement coordinators are available to discuss the AOs and/or
the comment procedure at the listed phone numbers; however, §7.075 provides
that comments on the AOs should be submitted to the TNRCC in
writing
.
(1) COMPANY: AKZO Nobel Polymer Chemicals LLC; DOCKET NUMBER: 2000-1073-
IHW-E; IDENTIFIER: Solid Waste Registration Number 30281; LOCATION: Deer Park,
Harris County, Texas; TYPE OF FACILITY: chemical manufacturing; RULE VIOLATED:
30 TAC §335.69(a)(1)(B), §335.112(a)(9) and 40 Code of Federal Regulations
(CFR) §§262.34(a)(1)(ii), 265.192(a) and (b), and 265.193(b)(1)
and (2), by failing to perform an assessment certified by an independent engineer;
30 TAC §335.69(a)(1)(B), §335.112(a)(9), and 40 CFR §§262.34(a)(1)(ii),
265.192(a)(1)(2)(3), 265.193(e)(1)(ii), and §265.193(e)(1)(iii), by failing
to maintain secondary containment free of cracks and gaps and perform a structural
integrity assessment certified by an independent engineer; 30 TAC §101.24,
by failing to pay outstanding air investigation fees; and the Code, §370.008,
by failing to pay outstanding toxic chemical release fees; PENALTY: $14,080;
ENFORCEMENT COORDINATOR: Catherine Sherman, (713) 767-3500; REGIONAL OFFICE:
5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(2) COMPANY: Aldine Independent School District; DOCKET NUMBER: 2000-1172-MWD-E;
IDENTIFIER: Texas Pollutant Discharge Elimination System (TPDES) Permit Numbers
12070-001 and 12070-002; LOCATION: Houston, Harris County, Texas; TYPE OF
FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), TPDES
Permit Numbers 12070-001 and 12070-002, and the Code, §26.121, by failing
to comply with the permit limits for total suspended solids, five-day carbonaceous
biochemical oxygen demand, and dissolved oxygen; PENALTY: $2,250; ENFORCEMENT
COORDINATOR: Pamela Campbell, (512) 239-4493; REGIONAL OFFICE: 5425 Polk Avenue,
Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(3) COMPANY: Bargo Energy Company; DOCKET NUMBER: 2001-0206-AIR-E; IDENTIFIER:
Air Account Number BL-0771-K; LOCATION: Danciger, Brazoria County, Texas;
TYPE OF FACILITY: oil and gas production; RULE VIOLATED: 30 TAC §122.121
and the Code, §382.054, by failing to operate without a Title V permit;
PENALTY: $2,000; ENFORCEMENT COORDINATOR: Rebecca Johnson, (713) 767-3500;
REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713)
767-3500.
(4) COMPANY: Clyde Clardy dba Bastrop West Water System; DOCKET NUMBER:
2001- 0217-PWS-E; IDENTIFIER: Public Water Supply (PWS) Number 11047 and Certificate
of Convenience and Necessity Number 12050; LOCATION: Bastrop, Bastrop County,
Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.106(a)(1)
(now 30 TAC §290.109(c)(1)(B)), by failing to provide a bacteriological
sample siting plan; and 30 TAC §290.46(f)(2), (j)(3), and (p) (now 30
TAC §290.46(f)(3)(E)(iv)), by failing to provide documentation of chlorine
residual test results, customer service inspections certification, and annual
storage tank inspections; PENALTY: $600; ENFORCEMENT COORDINATOR: Subhash
Jain, (512) 239-5867; REGIONAL OFFICE: 1921 Cedar Bend Drive, Suite 150, Austin,
Texas 78758-5336, (512) 339-2929.
(5) COMPANY: Citation Oil and Gas Corporation; DOCKET NUMBER: 2001-0338-AIR-E;
IDENTIFIER: Air Account Number WJ-0002-I; LOCATION: San Perlita, Willacy County,
Texas; TYPE OF FACILITY: natural gas and oil production; RULE VIOLATED: 30
TAC §122.146(2) and the Code, §382.085(b), by failing to submit
an annual Title V compliance certification; and 30 TAC §122.145(2) and
the Code, §382.085(b), by failing to submit deviation reports; PENALTY:
$2,000; ENFORCEMENT COORDINATOR: Sandra Hernandez, (956) 425-6010; REGIONAL
OFFICE: 1804 West Jefferson Avenue, Harlingen, Texas 78550-5247, (956) 425-6010.
(6) COMPANY: Crockett Gas Processing Company; DOCKET NUMBER: 2001-0340-AIR-E;
IDENTIFIER: Air Account Number CZ-0011-M; LOCATION: Ozona, Crockett County,
Texas; TYPE OF FACILITY: natural gas processing; RULE VIOLATED: 30 TAC §122.146(2)
and the Code, §382.085(b), by failing to submit a Title V compliance
certification; PENALTY: $3,125; ENFORCEMENT COORDINATOR: Mark Newman, (915)
655-9479; REGIONAL OFFICE: 622 South Oakes, Suite K, San Angelo, Texas 76903-7013,
(915) 655-9479.
(7) COMPANY: Diamond Water Company; DOCKET NUMBER: 2001-0056-PWS-E; IDENTIFIER:
PWS Number 0460211; LOCATION: Bulverde, Comal County, Texas; TYPE OF FACILITY:
public water supply; RULE VIOLATED: 30 TAC §290.120(c) (now 30 TAC §290.117),
by failing to conduct initial tap sampling monitoring for lead and copper
analysis; PENALTY: $313; ENFORCEMENT COORDINATOR: Erika Fair, (512) 239-6673;
REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.
(8) COMPANY: Duke Energy Field Services, L.P.; DOCKET NUMBER: 2000-0386-AIR-E;
IDENTIFIER: Air Account Numbers EB-0197-H, AB-0011-B, ML-0178-N, HT-0092-N,
ML-0127-H, EB-0274-O, UB-0049-H, CY-0015-P, UB-0027-R, EB-0207-G, MF-0029-A,
HT-0064-S, CY-0013-T, EB-0148-U, LM-0011-K, AB-0032-Q, ML-0075-B, GE-0023-U,
UB-0029-N, GA-0097-M, AB-0002- C, ML-0093-W, GE-0017-P, PE-0167-Q, PE-0025-O,
UB-0036-Q, UB-0057-I, WC-0111-F, WC- 0146-J, ML-0074-D, ML-0179-L, ML-0053-L,
ML-0008-Q, PE-0051-N, PE-0193-P, GE-0016-R, WM-0012-S, WC-0031-E, PE-0024-Q,
WC-0072-N, UB-0025-V, MR-0106-S, MR-0049-F, HW-0067-C, CF-0066-N, OA-0052-D,
HL-0072-K, HD-0072-K, HD-0038-B, MR-0069-W, HD-0044-G, HL 0049-F, LJ-0025-J,
GH-0068-L, HD-0030-R, HD-0031-P, RH-0015-T, SJ-0020-P, SJ-0021-N, LJ-0019-E,
SJ-0022-L, SJ-0023-J, HD-0026-I, HW-0028-M, HW-0020-F, GH-0069-J, HW-0014-A,
MR-0107-Q, MR-0134-N, SJ-0024-H, LJ-0028-D, HL-0007-V, MR-0108-O, OA, 0027-C,
SJ-0025-F, RL-0097-V, PB-0002-N, PB-0067-I, PB-0095-D, RL-0096-A, WO-0007-M,
SF-0001-M, SQ-0088-T, CZ-0005-H, SQ-0006-B, SQ-0013-E, RC-0017-B, SQ-0054-N,
CZ-0009-W, BR-0054-C, BR-0055-A, JC-0067-H, JE-0203-B, JE-0342-J, FC-0049-S,
LF-0016-O, FC-0046-B, LF-0041-E, FC-0042-J, LF- 0042-C, FC-0104-M, FC-0102-Q,
LF-0019-U, ZF-0039-O, LF-0024-E, LF-0022-I, FC-0068-O, LF- 0038-A, MQ-0002-T,
WF-005-O, KA-0025-F, NE-0188-T, NE-0354-D, NE-0028-T, NE-0029-R, WC-0065-K,
JG-0017-B, JG-0018-W, LE-0012-W, MR-0029-L, MR-0030-D, BE-0032-M; LOCATION:
Bulverde, Comal County, Texas; TYPE OF FACILITY: natural gas handling; RULE
VIOLATED: 30 TAC §122.145(2)(C), 122.146(2), and the Act, §382.085(b),
by failing to submit Title V compliance certification and deviation reports;
PENALTY: $237,070; ENFORCEMENT COORDINATOR: Gary McDonald, (361) 825-3100;
REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5503,
(361) 825-3100.
(9) COMPANY: Good Time Stores, Incorporated; DOCKET NUMBER: 2000-0171-AIR-E;
IDENTIFIER: Air Account Number EE-1223-O ; LOCATION: El Paso, El Paso County,
Texas; TYPE OF FACILITY: gasoline dispensing station; RULE VIOLATED: 30 TAC §114.100(a)
and the Code, §382.085(b), by offering for sale gasoline for use as a
motor vehicle fuel which failed to meet the minimum oxygen content of 2.7%
by weight; PENALTY: $600; ENFORCEMENT COORDINATOR: Suzanne Walrath, (512)
239-2134; REGIONAL OFFICE: 401 East Franklin Avenue, Suite 560, El Paso, Texas
79901-1206, (915) 834-4949.
(10) COMPANY: Highland Bayou Water Supply Corporation; DOCKET NUMBER: 2000-1379-
PWS-E; IDENTIFIER: PWS Number 0840080; LOCATION: Hitchcock, Galveston County,
Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.45(b)(1)(A)(ii),
by failing to provide a pressure tank capacity of 50 gallons per connection;
30 TAC §291.21(c)(7), §291.93(2)(A), and the Code, §13.136(a),
by failing to ensure that its tariff included an approved drought contingency
plan; and 30 TAC §288.20(a)(2), §288.30(3)(B), and the Code, §13.132(a)(1),
by failing to prepare and make available for inspection an adopted drought
contingency plan; PENALTY: $438; ENFORCEMENT COORDINATOR: Elvia Maske, (512)
239- 0789; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486,
(713) 767-3500.
(11) COMPANY: Joshua Creek Ranch, Inc.; DOCKET NUMBER: 2001-0069-IHW-E;
IDENTIFIER: Hazardous Waste Identification Number F0707; LOCATION: Boerne,
Kendall County, Texas; TYPE OF FACILITY: wobble trap shotgun shooting range;
RULE VIOLATED: 30 TAC §335.4 and the Code, §26.121, by allowing
lead shotgun waste generated to be directly discharged and accumulated in
Joshua Creek; PENALTY: $1,000; ENFORCEMENT COORDINATOR: Malcolm Ferris, (210)
490-3096; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480,
(210) 490-3096.
(12) COMPANY: La Porte Methanol Company, L.P.; DOCKET NUMBER: 2001-0108-AIR-E;
IDENTIFIER: Air Account Number HX-2302-N; LOCATION: La Porte, Harris County,
Texas; TYPE OF FACILITY: chemical plant; RULE VIOLATED: 30 TAC §113,100, §113.120,
40 CFR §63.136(b), and the Code, §382.085(b), by failing to operate
or maintain each individual drain; 30 TAC §115.356(1) and the Code, §832.085(b),
by failing to maintain documentation of fugitive monitoring of all components;
30 TAC §§113.100, 113,110, 113.120,113.300, 40 CFR §§63,104(a),
63.151(a)(1) - (5), and 63.563(b)(1), and the Code, §382.085(b), by failing
to conduct the initial compliance testing for the methanol vapor recovery
system, provide a written monitoring plan to detect leaks in the heat exchange
system, and submit reports that include the wastewater initial notification,
notification of compliance status, implementation plans, and the semiannual
hazardous organic - National Emission Standards for Hazardous Air Pollutants;
30 TAC §101.10(b)(2) and the Code, §382.085(b), by failing to submit
emission inventory data; and 30 TAC §§115.146(1), 113.100, 113.120,
40 CFR §63.144(b)(1) and (3) and §63.146(b)(2) and (4) - (6), and
the Code, §382.085(b), by failing to determine the classification for
a wastewater stream, the annual average flow rate and concentration, highest
annual quantity of wastewater managed, and the maximum design capacity of
the system; PENALTY: $26,000; ENFORCEMENT COORDINATOR: Gloria Stanford, (512)
239-1871; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486,
(713) 767-3500.
(13) COMPANY: Marsh Petroleum Corporation and Cougar Stop, Inc. dba Normandy
Truck Stop; DOCKET NUMBER: 2000-1424-PST-E; IDENTIFIER: Petroleum Storage
Tank Facility Identification Number 0060804; LOCATION: Houston, Harris County,
Texas; TYPE OF FACILITY: underground storage tanks; RULE VIOLATED: 30 TAC §334.105(a)
and (b) (now 30 TAC §37.875), by failing to maintain proof of financial
assurance; 30 TAC §334.50(d)(4)(A)(i) and (ii), and the Code, §26.3475(c)(1),
by failing to conduct inventory control and put automatic tank gauging system
into test mode; 30 TAC §334.48(c), by failing to conduct inventory control
at a retail facility; and 30 TAC §334.7(d)(3), by failing to amend, update,
or change underground storage tank registration information; PENALTY: $5,600;
ENFORCEMENT COORDINATOR: Trina Lewison, (713) 767-3500; REGIONAL OFFICE: 5425
Polk Avenue, Suite H, Houston, Texas 77023- 1486, (713) 767-3500.
(14) COMPANY: Mr. Odie Nehring dba Chaparral III Water System, Green Acres
Water System, Walburg Water System, and Weir Water Works; DOCKET NUMBER: 2000-0094-PWS-E;
IDENTIFIER: PWS Numbers 2460047, 2460054, 2460016, and 2460017; LOCATION:
Weir, Williamson County, Texas; TYPE OF FACILITY: public water supply; RULE
VIOLATED: 30 TAC §290.41(c)(1)(F) and (3)(A) and (K), and §290.46(x),
by failing to properly plug and abandon well number two, establish a sanitary
control easement, seal the wellhead, submit well completion data, and provide
well number one with a 16-mesh or finer corrosion-resistant screening casing
vent; 30 TAC §290.103(2) and the Code §341.031(a) and §341.0315(c),
by allegedly distributing drinking water that exceeded the maximum contaminant
level for fluoride; 30 TAC §290.51(a)(3) and the Code, §341.041,
by failing to pay public health service fees; 30 TAC §290.113(a), by
failing to submit a written request for approval to use drinking water that
exceeds the secondary constituent level for fluoride; 30 TAC §290.46(d),
(m)(4), (p), (q)(1), (r), - (t), and (y), and §290.47(h), by failing
to provide complete monthly operation reports and copies of the inspection
reports for the ground storage and pressure tanks, maintain cleanliness and
the general appearance of all plant facilities, provide a water tight suction
line, maintain the exterior paint coating of the ground storage tank, use
the prescribed notification format for the boil water notice, provide a minimum
of 35 pounds per square inch throughout the distribution system, issue a boil
water notice, maintain all related appurtenances in a watertight condition,
and have water system wiring installed in a securely mounted conduit; 30 TAC §290.45(b)(1)(C)(iv),
by failing to provide a pressure tank capacity of 20 gallons per connection;
30 TAC §290.43(c)(1) and (3), by failing to provide the above ground
storage tank with a 16-mesh or finer vent screen and provide an above ground
storage tank overflow pipe with an appropriate weighted cover; 30 TAC §290.44(a)(4),
(b)(1)(C)(i), (ii), and (iv), and (h)(4)(D) and (E), by failing to provide
a test report for each backflow assembly, provide a well capacity of 0.6 gallons
per minute (gpm) per connection, provide a total storage tank capacity of
200 gallons per connection, provide a pressure tank capacity of 20 gpm per
connection, and bury all water transmission lines at least 24 inches below
ground level; 30 TAC §291.76 and the Code, §5.235(n), by failing
to pay regulatory assessment fees; and 30 TAC §290.110(d), by failing
to provide an acceptable chlorine kit; PENALTY: $4,001; ENFORCEMENT COORDINATOR:
Craig Fleming, (512) 239-5806; REGIONAL OFFICE: 1921 Cedar Bend Drive, Suite
150, Austin, Texas 78758-5336, (512) 339-2929.
(15) COMPANY: Performance Plastics Products, Incorporated; DOCKET NUMBER:
2000- 1227-AIR-E; IDENTIFIER: Air Account Number HG-2360-P; LOCATION: Houston,
Harris County, Texas; TYPE OF FACILITY: polymer lined pipe, tank and fitting
manufacturing; RULE VIOLATED: 30 TAC §115.421(a)(9)(A)(iv) and the Code, §382.085(b),
by exceeding the emission specification of three pounds per gallon of coating;
30 TAC §116.110(a) and the Code, §382.085(b) and §382.0518(a),
by failing to obtain an air permit and satisfy the requirements of a Permit
by Rule prior to construction of a surface coating operation; 30 TAC §116.115(c),
Permit Number T-18900, and the Code, §382.085(b), by failing to keep
daily usage records for coating and solvent materials, exceeding the volatile
organic compound maximum allowable emission rate and the isopar maximum allowable
usage rate, and failing to equip the calendaring line curing oven stack with
an exhaust fan; 30 TAC §116.116(e)(4), §116.117(b)(3), and the Code, §382.085(b),
by failing to make pre-change notification for a qualified facility modification;
and 30 TAC §122.130(b)(1), §122.121, and the Code, §382.054
and §382.085(b), by failing to submit a timely federal operating permit
application; PENALTY: $29,100; ENFORCEMENT COORDINATOR: Carl Schnitz, (512)
239-1892; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486,
(713) 767-3500.
(16) COMPANY: City of Prairie View; DOCKET NUMBER: 2001-0152-PWS-E; IDENTIFIER:
PWS Number 2370029; LOCATION: Prairie View, Waller County, Texas; TYPE OF
FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.120(e)(2) (now
30 TAC §290.117(e)), by failing to conduct reduced monitoring tap sampling
for lead and copper analysis; PENALTY: $313; ENFORCEMENT COORDINATOR: Brian
Lehmkuhle, (512) 239-4482; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston,
Texas 77023-1486, (713) 767-3500.
(17) COMPANY: Quality Recycling of America, Inc. dba Quality Tire Recycling;
DOCKET NUMBER: 2001-0163-MSW-E; IDENTIFIER: Tire Transporter Identification
Number 26125; LOCATION: San Antonio, Bexar County, Texas; TYPE OF FACILITY:
scrap tire storage; RULE VIOLATED: 30 TAC §328.60(a), by failing to obtain
approval for a scrap tire storage site or other registration; and 30 TAC §328.55(4),
by failing to provide written notice of changes in the mailing address, phone
number, applicant's registered name, and designated place of business; PENALTY:
$4,800; ENFORCEMENT COORDINATOR: Malcolm Ferris, (210) 490-3096; REGIONAL
OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.
(18) COMPANY: City of Stanton; DOCKET NUMBER: 2001-0189-PWS-E; IDENTIFIER:
PWS Number 1590001; LOCATION: Stanton, Martin County, Texas; TYPE OF FACILITY:
public water supply; RULE VIOLATED: 30 TAC §290.45(b)(1)(D)(iv), by failing
to meet the minimum water system capacity requirements; PENALTY: $175; ENFORCEMENT
COORDINATOR: Dan Landenberger, (915) 570-1359; REGIONAL OFFICE: 3300 North
A Street, Building 5, Suite 107, Midland, Texas 79705-5404, (915) 570-1359.
(19) COMPANY: Torch Energy Marketing, Inc.; DOCKET NUMBER: 2000-1449-AIR-E;
IDENTIFIER: Air Account Number SG-0029-C; LOCATION: Snyder, Scurry County,
Texas; TYPE OF FACILITY: gas plant; RULE VIOLATED: 30 TAC §122.146(1)
and the Code, §382.085(b), by failing to certify compliance with Title
V General Operating Permit Number O- 00220; PENALTY: $2,500; ENFORCEMENT COORDINATOR:
George Ortiz, (915) 698-9674; REGIONAL OFFICE: 1977 Industrial Boulevard,
Abilene, Texas 79602-7833, (915) 698-9674.
(20) COMPANY: Walnut Bend Independent School District; DOCKET NUMBER: 2001-0092-
PWS-E; IDENTIFIER: PWS Number 0490040; LOCATION: Gainesville, Cooke County,
Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.45(b)(1)(B)(iv),
by failing to provide a pressure tank capacity of 20 gallons per connection;
30 TAC §290.46(n)(2) and (3), and (u), by failing to provide an accurate
and up-to-date map of the distribution system, provide a copy of the well
material setting date, geological log, sealing information, disinfection information,
microbiological sample results, and a chemical analysis report, plug the abandoned
public water supply well; 30 TAC §290.41(c)(1)(F) and (c)(3)(C) and (J),
by failing to provide a cement bonding log, provide the well with proper concrete
sealing blocks, and secure a sanitary control easement; 30 TAC §290.43(c)(2)
and (3), by failing to equip the ground storage tank with an access ladder,
roof hatch, and an overflow; and 30 TAC §290.51(a)(3), by failing to
pay the public health service fees; PENALTY: $1,625; ENFORCEMENT COORDINATOR:
Jorge Ibarra, (817) 588-5800; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington,
Texas 76010-6499, (817) 588-5800.
TRD-200103294
Paul Sarahan
Director, Litigation Division
Texas Natural Resource Conservation Commission
Filed: June 12, 2001
The Texas Natural Resource Conservation Commission (TNRCC or commission)
staff is providing an opportunity for written public comment on the listed
Agreed Orders (AOs) pursuant to Texas Water Code (TWC), §7.075. Section
7.075 requires that before the commission may approve the AOs, the commission
shall allow the public an opportunity to submit written comments on the proposed
AOs. Section 7.075 requires that notice of the opportunity to comment must
be published in the
Texas Register
no later
than the 30th day before the date on which the public comment period closes,
which in this case is
July 23, 2001
. Section
7.075 also requires that the commission promptly consider any written comments
received and that the commission may withdraw or withhold approval of an AO
if a comment discloses facts or considerations that the consent is inappropriate,
improper, inadequate, or inconsistent with the requirements of the statutes
and rules within the TNRCC's orders and permits issued pursuant to the TNRCC's
regulatory authority. Additional notice of changes to a proposed AO is not
required to be published if those changes are made in response to written
comments.
A copy of each of the proposed AOs is available for public inspection at
both the TNRCC's Central Office, located at 12100 Park 35 Circle, Building
A, 3rd Floor, Austin, Texas 78753, (512) 239-3400 and at the applicable Regional
Office listed as follows. Comments about the AOs should be sent to the attorney
designated for the AO at the TNRCC's Central Office at P.O. Box 13087, MC
175, Austin, Texas 78711-3087 and must be
received
by 5:00 p.m. on July 23, 2001
. Comments may also be sent by facsimile
machine to the attorney at (512) 239-3434. The TNRCC attorneys are available
to discuss the AOs and/or the comment procedure at the listed phone numbers;
however, §7.075 provides that comments on the AOs should be submitted
to the TNRCC in
writing
.
(1) COMPANY: The City of Whitehouse; DOCKET NUMBER: 2000-0179-PWS-E; TNRCC
ID NUMBER: 2120025; LOCATION: Farm-to-Market Road 346, one-half mile west
of State Highway 110, Whitehouse, Smith County, Texas; TYPE OF FACILITY: public
water supply system; RULES VIOLATED: §290.45(b)(1)(D)(iv), by failing
to have an elevated storage capacity of 100 gallons per connection or a pressure
tank capacity of 20 gallons per connection; §290.45(b)(1)(D)(iii), by
failing to have two or more service pumps with a total rated capacity of 2.0
gallons per minute per connection; §290.43(c)(8), by failing to meet
maintenance requirements for elevated storage tanks, specifically, failure
to ensure that the interior and exterior coating system is continuing to provide
adequate protection to all metal surfaces; PENALTY: $5,075; STAFF ATTORNEY:
Elisa Roberts, Litigation Division, MC R-4, (817) 588-5877; REGIONAL OFFICE:
Tyler Regional Office, 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.
(2) COMPANY: Oren Bruce Allen; DOCKET NUMBER: 1999-0909-WOC-E; TNRCC ID
NUMBER: 449562268; LOCATION: Burleson, Johnson County, Texas; TYPE OF FACILITY:
wastewater treatment company; RULES VIOLATED: §325.2(a) and TWC, §26.0301,
by operating a wastewater system without the required wastewater operator
certification; PENALTY: $6,250; STAFF ATTORNEY: Joshua M. Olszewski, Litigation
Division, MC 175, (512) 239-3400; REGIONAL OFFICE: Waco Regional Office, 6801
Sanger Ave., Ste. 2500, Waco, Texas 76710-7826, (254) 751-0335.
(3) COMPANY: Tessye Maurer dba Tamiga Mobile Home Park; DOCKET NUMBER:
2000-1488-PWS-E; TNRCC ID NUMBER: 0460161; LOCATION: 17059 Highway 46 West,
Lot 1, Spring Branch, Comal County, Texas; TYPE OF FACILITY: public water
system; RULES VIOLATED: §290.109(c)(2) and (g)(3), and §290.122(b),
by failing to collect and submit repeat samples following total coliform positive
bacteriological sample results and failed to provide public notification for
failing to collect and submit repeat samples; §§290.103(5), 290.106(e),
and 290.109(b), by exceeding the Commission's maximum contaminant level (MCL)
for total coliform bacteria and by failing to provide public notification
for exceeding the MCL for total coliform bacteria; PENALTY: $1,250; STAFF
ATTORNEY: James Biggins, Litigation Division, MC R-13, (210) 403-4017; REGIONAL
OFFICE: San Antonio Regional Office, 14250 Judson Rd., San Antonio, Texas
78233-4480, (210) 490-3096.
TRD-200103296
Paul C. Sarahan
Director, Litigation Division
Texas Natural Resource Conservation Commission
Filed: June 12, 2001
The Texas Natural Resource Conservation Commission (commission) will conduct
a public hearing to receive testimony regarding revisions to 30 TAC Chapter
114 and to the state implementation plan (SIP) under the requirements of the
Texas Health and Safety Code, §382.017; Texas Government Code, Subchapter
B, Chapter 2001; and 40 Code of Federal Regulations, §51.102, of the
United States Environmental Protection Agency (EPA) regulations concerning
SIPs. The revisions to Chapter 114 are proposed as revisions to the SIP.
The proposed amendments to Chapter 114 address concerns of research laboratories
and academic institutions by allowing them to conduct research using gasoline
with a higher Reid vapor pressure (RVP) than allowed in the 95-county central
and eastern Texas region; more closely match the exemptions established for
the RVP rules to those exemptions allowed in the diesel fuel regulations;
and correct the spelling of Smith County.
A public hearing on this proposal will be held July 17, 2001, at 10:00
a.m., Texas Natural Resource Conservation Commission, Building F, Room 2210,
12100 North I-35, Austin. The hearing is structured for the receipt of oral
or written comments by interested persons. Individuals may present oral statements
when called upon in order of registration. Open discussion will not occur
during the hearing; however, agency staff members will be available to discuss
the proposal 30 minutes prior to the hearing, and will answer questions before
and after the hearing.
Comments may be submitted to Lola Brown, Office of Environmental Policy,
Analysis, and Assessment, MC 206, P.O. Box 13087, Austin, Texas 78711-3087;
or faxed to (512) 239-4808. All comments must be received by 5:00 p.m. on
July 23, 2001, and should reference Rule Log Number 2001-009-114-AI. For further
information on the proposed revisions, please contact Scott Carpenter at (512)
239-1757 or Alan Henderson at (512) 239-1510.
Persons with disabilities who have special communication or other accommodation
needs who are planning to attend the hearing should contact the agency at
(512) 239-4900. Requests should be made as far in advance as possible.
TRD-200103222
Margaret Hoffman
Environmental Law Division
Texas Natural Resource Conservation Commission
Filed: June 8, 2001
The Texas Natural Resource Conservation Commission (commission or TNRCC)
will conduct a public hearing to receive testimony regarding revisions to
30 TAC Chapter 116, and to the Texas state implementation plan (SIP) under
the requirements of the Texas Health and Safety Code, §382.017; Texas
Government Code, Subchapter B, Chapter 2001; and 40 Code of Federal Regulations, §51.102,
of the United States Environmental Protection Agency (EPA) regulations concerning
SIPs. The revisions concern the inclusion of marine vessel emissions in applicability
determinations for prevention of significant deterioration (PSD) and nonattainment
(NA) permits and will update references to federal rules in the chapter.
This proposed revision to the SIP eliminate the inconsistency in the commission's
rules and the rules promulgated by the EPA on August 7, 1980 concerning the
inclusion of marine vessel emissions in applicability determinations for PSD
and NA permits. This proposal would also revise §116.160 and §116.162
to incorporate updated federal regulation citations. Sections 116.12, 116.160,
and 116.162 will be submitted to the EPA as a revision to the SIP.
A public hearing on this proposal will be held in Austin at 2:00 p.m. on
July 19, 2001 at the TNRCC Complex in Building F, Room 2210, located at 12100
Park 35 Circle. The hearing will be structured for the receipt of oral or
written comments by interested persons. Individuals may present oral statements
when called upon in order of registration. A four-minute time limit will be
established to assure that enough time is allowed for every interested person
to speak. There will be no open discussion during the hearing; however, an
agency staff member will be available to discuss the proposal 30 minutes prior
to the hearing and will answer questions before and after the hearing.
Written comments may be submitted to Patricia Durón, Office of Environmental
Policy, Analysis, and Assessment, MC 205, P.O. Box 13087, Austin, Texas 78711-3087;
faxed to (512) 239-4808. The public comment period will close at 5:00 p.m.
on July 23, 2001. For further information on the proposed revisions, please
contact Karen Olson, Air Permits Division, at (512) 239-1294 or Joseph Thomas,
Policy and Regulations Division, at (512) 239-4580.
Persons with disabilities who have special communication or other accommodation
needs who are planning to attend the hearing should contact the agency at
(512) 239-4900. Requests should be made as far in advance as possible.
TRD-200103262
Margaret Hoffman
Director, Environmental Law Division
Texas Natural Resource Conservation Commission
Filed: June 11, 2001
The following notices were issued during the period of April 25, 2001 through
May 30, 2001.
The following require the applicants to publish notice in the newspaper.
The public comment period, requests for public meetings, or requests for a
contested case hearing may be submitted to the Office of the Chief Clerk,
Mail Code 105, P.O. Box 13087, Austin Texas 78711-3087, WITHIN 30 DAYS OF
THE DATE OF NEWSPAPER PUBLICATION OF THIS NOTICE.
CITY OF BROWNFIELD has applied for a major amendment to Permit Number 10677-001,
to authorize an increase in the acreage irrigated from 372 acres to 404.59
acres. The current permit authorizes the disposal of treated domestic wastewater
at a daily average flow not to exceed 1,250,000 gallons per day via surface
irrigation with a minimum area of 372 acres. This permit will not authorize
a discharge of pollutants into waters in the State. The facility and disposal
site are located approximately 3,600 feet east and 5,200 feet south of the
intersection of U.S. Highway 62 and 2nd Street in the City of Brownfield in
Terry County, Texas.
CITY OF CAMPBELL has applied for a renewal of TPDES Permit Number 13791-001,
which authorizes the discharge of treated domestic wastewater at a daily average
flow not to exceed 116,000 gallons per day. The facility is located adjacent
to the northwest bank of Timber Creek, approximately 1000 feet south of State
Highway 50; approximately 0.75 mile north of Interstate Highway 30; approximately
0.75 mile southwest of the northern intersection of State Highway 50 and Farm-to-Market
499 and approximately one mile southwest of the City of Campbell in Hunt County,
Texas.
FREESTONE POWER GENERATION, L.P. which proposes to operate a combined cycle
electric power generation facility, has applied for a new permit, proposed
Texas Pollutant Discharge Elimination System (TPDES) Permit Number 04298,
to authorize the discharge of cooling tower blowdown, low volume waste, and
storm water at a daily average flow not to exceed 820,000 gallons per day
via Outfall 001. The facility is located on the east side of State Highway
488, approximately 0.9 miles northeast of the intersection of State Highway
488 and County Road 1124, and 12 miles northeast of the City of Fairfield,
Freestone County, Texas.
CITY OF GUNTER has applied for a renewal of TPDES Permit Number 10569-001,
which authorizes the discharge of treated domestic wastewater at a daily average
flow not to exceed 240,000 gallons per day. The facility is located adjacent
to the St. Louis-San Francisco and Texas Railway, approximately 2,300 feet
west of State Highway 289 and approximately 1,400 feet north of Farm-to-Market
Road 121 in the City of Gunter in Grayson County, Texas.
HOLIDAY BEACH WATER SUPPLY CORPORATION which operates a potable water treatment
plant, has applied for a new permit, proposed Texas Pollutant Discharge Elimination
System (TPDES) Permit Number 04290, to authorize the discharge of reverse
osmosis reject water at a daily average flow not to exceed 120,000 gallons
per day via Outfall 001. The facility is located on the west side of Interstate
Highway 35, 0.5 miles southwest of the intersection of Interstate Highway
35 and Holiday Boulevard, and approximately 8.0 miles northeast of the City
of Rockport, Aransas County, Texas.
JOCO HOLDING CORPORATION has applied for a renewal of Permit Number 02730,
which authorizes the disposal of treated domestic wastewater at a daily average
flow not to exceed 30,000 gallons per day via evaporation and irrigation of
152 acres. This permit will not authorize a discharge of pollutants into waters
in the State. The facility and disposal area are located on the east side
of Interstate Highway 35 West, approximately 2000 feet southeast of the Bethesda
Road overpass and approximately 5.1 miles southeast of the City of Burleson,
Johnson County, Texas.
CITY OF LADONIA which operates a Domestic Wastewater Treatment Plant has
applied for a renewal of TNRCC Permit Number 10740-001, proposed Texas Pollutant
Discharge Elimination System (TPDES) Permit Number 04300, to authorize the
discharge of treated domestic wastewater at a daily average flow not to exceed
530,000 gallons per day via Outfall 001. The proposed permit has been renumbered
and classified as an Industrial Wastewater Permit based on the prior contribution
of process wastewater from a currently inactive meat packing plant. The facility
is located approximately 900 feet west of State Highway 50 and approximately
700 feet south of the intersection of State Highway 50 and Farm-to-Market
Road 2456, in Fannin County, Texas.
LAKE WHITNEY RV RESORT, L.L.C. has applied for a renewal of TNRCC Permit
Number 13891-001, which authorizes, in the Interim phase, the subsurface disposal
of treated domestic wastewater by at a daily average flow not to exceed 5,000
gallons per day. In the final phase the permit authorizes the discharge of
treated domestic wastewater at a daily average flow not to exceed 15,000 gallons
per day. The facility is located approximately 4 miles west of the intersection
of Farm-to-Market Road 933 and Farm-to-Market Road 1713 in Hill County, Texas.
The treated effluent is discharged to an unnamed creek; thence to Whitney
Lake in Segment No. 1203 of the Brazos River Basin.
MARATHON WATER SUPPLY & SEWER SERVICE CORPORATION has applied for a
renewal of Permit Number 10974-001, which authorizes the disposal of treated
domestic wastewater at a daily average flow not to exceed 200,000 gallons
per day via surface irrigation of 40 acres of land. The facility and disposal
site are located approximately 5,000 feet south of U.S. Highway 90 and 1-1/2
miles west of U.S. Highway 385, and approximately one mile southwest of the
City of Marathon in Brewster County, Texas.
MERCY SHIPS FOUNDATION a rehabilitation center has applied for a major
amendment to Permit Number 11771-001, to authorize an increase in the daily
average flow from 20,000 gallons per day to 30,000 gallons per day and to
increase the acreage irrigated from 20 acres to 30 acres. The current permit
authorizes the disposal of treated domestic wastewater at a daily average
flow not to exceed 20,000 gallons per day via surface irrigation of 20 acres
of Bahia grassland. The permittee has requested to discontinue the authorization
to dispose of treated domestic wastewater sludge by land application on the
permittee's property. This permit will not authorize a discharge of pollutants
into waters in the State. The facility and disposal site are located at 15862
Highway 110 North, approximately 0.5 mile north of Interstate Highway 20 on
State Highway 110 (Van Highway) and approximately 5 miles west of the Community
of Lindale in Smith County, Texas.
MOORE WATER SUPPLY CORPORATION has applied for a new permit, proposed Texas
Pollutant Discharge Elimination System (TPDES) Permit Number 14239-001, to
authorize the discharge of treated domestic wastewater at a daily average
flow not to exceed 65,000 gallons per day. The facility is located on a five-acre
tract approximately 2,800 linear feet south and 1,500 linear feet east of
the Missouri-Pacific Railroad crossing at 3rd Street in the City of Moore,
in Frio County, Texas.
CITY OF NEW LONDON has applied for a renewal of TPDES Permit Number 12376-001,
which authorizes the discharge of treated domestic wastewater at a daily average
flow not to exceed 100,000 gallons per day. The facility is located approximately
7,500 feet northwest of the intersection of the State Highway 323 and Farm-to-Market
Road 838 and approximately 5,000 feet east of Farm-to-Market Road 2089 in
Rusk County, Texas
NORTHWEST HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 10 has applied for
a major amendment to TPDES Permit Number 11912-002 to authorize an increase
in the discharge of treated domestic wastewater from a daily average flow
not to exceed 255,000 gallons per day to a daily average flow not to exceed
500,000 gallons per day. The facility is located approximately 1,300 feet
north of the intersection of Spring-Cypress Road and Dry Creek in Harris County,
Texas. The treated effluent is discharged to Harris County Flood Control Ditch
No. K-145-00-00; thence to Dry Creek; thence to Cypress Creek in Segment No.
1009 of the San Jacinto River Basin.
RED RIVER AUTHORITY OF TEXAS has applied for renewal of an existing wastewater
permit. The applicant has an existing National Pollutant Discharge Elimination
System (NPDES) Permit Number TX0101818 and an existing Texas Natural Resource
Conservation Commission (TNRCC) Permit Number 11445-001. The draft permit
authorizes the discharge of treated domestic wastewater at a daily average
flow not to exceed 30,000 gallons per day. The plant site is located on Arrowhead
Ranch Estates property , approximately 2,300 feet east of Farm-to-Market Road
1954 and 5.4 miles southeast of the intersection of U.S. highway 281 and Farm-to-Market
Road 1954 in Clay County, Texas.
CITY OF SHAMROCK has applied for a major amendment to Permit Number 10279-003,
to authorize an increase in the daily average flow from 300,000 gallons per
day to 350,000 gallons per day. The proposed amendment requests to reduce
the sampling frequency for Biochemical Oxygen Demand (5-day). The current
permit authorizes the disposal of treated domestic wastewater at a daily average
flow not to exceed 300,000 gallons per day via surface irrigation of 98 acres
of land. This permit will not authorize a discharge of pollutants into waters
in the State. The facility and disposal site are located approximately 1.6
miles north-northwest of the intersection of United States Highway 83 (U.S.
83) and Interstate Highway 40 (I-40) on the north side of the City of Shamrock
in Wheeler County, Texas. The facility and disposal site are located in the
drainage basin of Roundup Creek in Segment No. 0224 of the Red River Basin.
TEMPLE-INLAND FOREST PRODUCTS CORPORATION which operates a wood and wood
products manufacturing complex, has applied for a major amendment to TNRCC
Permit Number 01153 to reduce the monitoring frequency for certain pollutants
at Outfall 003, to remove effluent limits for total chromium at Outfall 004,
and to add new waste streams to the discharge description at Outfalls 003
and 004. The current permit authorizes the discharge of treated process wastewater
and storm water at a daily average flow not to exceed 170,000 gallons per
day via Outfall 001; commingled remediated groundwater, utility wastewater
and storm water runoff on a flow variable basis via Outfall 003; boiler blowdown
and cooling tower blowdown commingled with storm water runoff on an intermittent
and flow variable basis via Outfall 004; storm water runoff from plywood plant
area on an intermittent and flow variable basis via Outfall 006; and the disposal
of particleboard equipment wash water and laminating equipment wash water
via irrigation of a minimum of 175 acres. The facility is located approximately
0.25 miles west of U.S. Highway 59 at the Southwest quadrant of the intersection
of Borden Drive and First Street, in the City of Diboll, Angelina County,
Texas. The irrigation disposal site is located 1.93 miles west of U.S. Highway
59 and 0.5 miles east of Little Cedar Creek Lake.
TICONA POLYMERS, INC. which operates the Bishop Plant, which manufactures
organic chemicals, plastics, and bulk pharmaceuticals, and purifies and packages
sodium formate, has applied for a major amendment to TNRCC Permit Number 00579
to authorize a revision of the existing biomonitoring requirement to substitute
an alternative test species, to eliminate the total silver monitoring requirement
at Outfall 001, to increase the total nickel limitation at Outfall 001, to
authorize the addition of new process wastestreams to Outfall 101 (an internal
monitoring point), and to increase the flow and effluent limitations at Outfall
101 based on the additional process wastestreams. The current permit authorizes
the discharge of process wastewater, cooling tower blowdown, boiler blowdown,
domestic wastewater, and storm water runoff at a daily average flow not to
exceed 3,500,000 gallons per day via Outfall 001, and storm water and utility
wastewater on an intermittent and flow variable basis via Outfall 002. The
facility is located adjacent to State Highway - Loop 428, approximately one
mile southwest of the City of Bishop, Nueces County, Texas.
TRANS-GLOBAL SOLUTIONS, INC. which proposes to operate a petroleum coke
storage and handling facility, has applied for a new permit, proposed Texas
Pollutant Discharge Elimination System (TPDES) Permit Number 04301, to authorize
the discharge of process wastewater and storm water on an intermittent and
flow variable basis via Outfall 001. The facility is located just south of
the Houston Ship Channel, and approximately 1.0 mile northeast of the intersection
of East Beltway and State Highway 225, in the City of Pasadena, Harris County,
Texas.
VANCECO, INC. has applied for a new permit, proposed Texas Pollutant Discharge
Elimination System (TPDES) Permit Number 14248-001, to authorize the discharge
of treated domestic wastewater at a daily average flow not to exceed 20,000
gallons per day. The facility is located on the north side of State Highway
105, approximately 3,200 feet west of the point where State Highway 105 crosses
the San Jacinto River in Montgomery County, Texas.
CITY OF WESLACO has applied for a renewal of TNRCC Permit Number 10619-005,
which authorizes the discharge of treated domestic wastewater at an annual
average flow not to exceed 2,000,000 gallons per day. The facility is located
approximately 0.2 mile west and 0.6 mile north of the confluence of the South
Donna Drain and Llano Grande Lake and approximately 3.2 miles south of the
Missouri-Pacific Railroad southwest of the City of Weslaco in Hidalgo County,
Texas.
THE WHITMORE MANUFACTURING COMPANY which operates a facility that produces
specialty lubricating oils and greases, has applied for a renewal of TNRCC
Permit Number 03099, which authorizes the discharge of storm water, once through
non-contact cooling water, and boiler blowdown on an intermittent and flow
variable basis via Outfall 001. Issuance of this Texas Pollutant Discharge
Elimination System (TPDES) permit will replace the existing TNRCC Permit Number
03099, issued on January 16, 1995. The facility is located at 930 Whitmore
Drive in the City of Rockwall, Rockwall County, Texas.
Written comments or requests for a public meeting may be submitted to the
Office of the Chief Clerk, at the address provided in the information section
above, WITHIN 30 DAYS OF THE ISSUED DATE OF THIS NOTICE.
PALO PINTO COUNTY has applied for a renewal of TNRCC Permit Number 11698-001,
which authorizes the discharge of treated domestic wastewater at a daily average
flow not to exceed 50,000 gallons per day. The plant site is located on the
east bank of Town Branch Creek approximately 1200 feet due north of the intersection
of U.S. Highway 180 and Farm-to-Market Road 4 at the end of North Ninth Avenue
in the outskirts of the town of Palo Pinto in Palo Pinto County, Texas.
TRD-200103182
LaDonna Castañuela
Chief Clerk
Texas Natural Resource Conservation Commission
Filed: June 6, 2001
The following notices were issued during the period of May 23, 2001 through
June 8, 2001.
The following require the applicants to publish notice in the newspaper.
The public comment period, requests for public meetings, or requests for a
contested case hearing may be submitted to the Office of the Chief Clerk,
Mail Code 105, P O Box 13087, Austin Texas 78711-3087, WITHIN 30 DAYS OF THE
DATE OF NEWSPAPER PUBLICATION OF THIS NOTICE.
CITY OF ANGLETON has applied for a new permit, proposed Texas Pollutant
Discharge Elimination System (TPDES) Permit No. 10548-004, to authorize the
discharge of treated domestic wastewater at an annual average flow not to
exceed 3,600,000 gallons per day. The proposed permit would also authorize
the land application of sewage sludge for beneficial use on 75 acres. The
facility is located adjacent to and south of County Road 609 (Old Highway
35), approximately 1.5 miles southwest of the intersection of State Highway
35 and State Highway 227 in Brazoria County, Texas. The sludge disposal site
is located adjacent to the treatment facility.
ATOFINA PETROCHEMICALS, INC. which operates a polypropylene manufacturing
plant, has applied for a major amendment to TPDES Permit No. 01000 to authorize
an increase in the discharge of process wastewater, utility wastewater, and
domestic wastewater from a daily average flow not to exceed 700,000 gallons
per day to a daily average flow not to exceed 900,000 gallons per day via
Outfall 001 and to authorize an increase in mass-based effluent limitations
at Outfall 001. The current permit authorizes the discharge of process wastewater,
utility wastewater, domestic wastewater, and storm water at a daily average
flow not to exceed 700,000 gallons per day via Outfall 001, and storm water
on an intermittent and flow variable basis via Outfall 002. The facility is
located on State Highway 134 (Battleground Road) approximately 1.6 miles south
of the San Jacinto Monument, in the City of Deer Park, Harris County, Texas.
BENTON CITY WATER SUPPLY CORPORATION has applied for a new permit, proposed
Texas Pollutant Discharge Elimination System (TPDES) Permit No. 14265-001
to authorize the discharge of treated water treatment filter backwash water
at a daily average flow not to exceed 15,000 gallons per day. The facility
is located approximately 1.0 mile south of the intersection of Farm-to-Market
Road 2504 and Farm-to-Market Road 476 in Atascosa County, Texas.
CERESTAR USA, INC. has applied for a major amendment of Permit No. 01410
to authorize an increase in the irrigation area from 280 acres to 948 acres,
and to increase the capacity of the holding pond to 380 acre- feet. Additional
changes include increasing the daily average flow from 1,300,000 gallons per
day to 1,500,000 gallons per day. The current permit authorizes the disposal
of wastewater from the wet corn milling process at a daily average flow not
to exceed 1,300,000 gallons per day via irrigation of 280 acres and an application
rate not to exceed 4.2 acre-feet/acre/year. The applicant operates a corn
starch and high fructose corn syrup production facility. This permit will
not authorize a discharge of pollutants into waters in the State. The facility
is located approximately 3/10 of a mile north and 1 and 4/10 miles east of
the intersection of U.S. Highway 385 and State Highway 86, east of the City
of Dimmitt, Castro County, Texas.
COOPER NATURAL RESOURCES INC. has applied to the Texas Natural Resource
Conservation Commission for a renewal of TNRCC Permit No. 03642, which authorizes
the discharge of process wastewater, Mother Liquor, and stormwater on an intermittent
and flow variable basis via Outfall 001; brine, wash down, condensate, and
stormwater on an intermittent and flow variable basis via Outfall 002; and
brine, condensate, wash down, and stormwater on an intermittent and flow variable
basis via Outfall 003. The applicant operates a sodium sulfate production
plant. The plant site is located at a site one mile south of Farm-to-Market
(FM) Road 1066 and 2.4 miles west of the intersection of FM Roads 1066 and
1067, and approximately 8.5 miles southeast of the Town of Loop, Gaines County,
Texas.
COWTOWN ENTERPRISES, INC. has applied for a renewal of TPDES Permit No.
14003-001, which authorizes the discharge of treated domestic wastewater at
a daily average flow not to exceed 21,600 gallons per day. The facility is
located a the Cowtown Recreational Vehicle Park, approximately 1800 feet south
of the centerline of Interstate Highway 20 and approximately 4650 feet west
of Farm-to-Market 1044 north of Aledo in Parker County, Texas.
CITY OF DAWSON has applied for a renewal of TPDES Permit No. 10026-001,
which authorizes the discharge of treated domestic wastewater at a daily average
flow not to exceed 130,000 gallons per day The facility is located approximately
0.5 mile south-southeast of Farm-to-Market Road 709 and approximately 0.5
mile east-northeast of Farm-to-Market Road 1838 in the southeast section of
the City of Dawson in Navarro County, Texas.
DISCIPLES' CONFERENCE CENTER, INC. has applied to the Texas Natural Resource
Conservation Commission (TNRCC) for a renewal of Permit No. 13532-001, which
authorizes the disposal of treated domestic wastewater at a daily average
flow not to exceed 5,200 gallons per day (January-May), 25,800 gallons per
day (June-August), and 11,600 gallons per day (September-December) via surface
irrigation of 5 acres of restricted access pasture land with an application
rate of 2.7 acre-feet/acre/year. The facility and disposal site are located
approximately 6 miles south of the intersection of State Highway 97 and U.S.
Highway 183 in Gonzales County, Texas.
ECOWATER INDUSTRIES, L.L.C. which operates a reclamation facility for third-party
oil and petroleum contaminated wastewater, has applied for a major amendment
to TNRCC Permit No. 03756 to upgrade treatment processes, discontinue on-site
treatment and disposal of domestic wastewater, the removal of requirements
associated with the domestic wastewater discharge, and the addition of waste
streams to be discharged generated from third-party wastes. The current permit
authorizes the discharge of treated process and domestic wastewater at a daily
average flow not to exceed 250,000 gallons per day via Outfall 001. The facility
is located at 8741 Yacht Club Road, on the west bank of the Engineer's Slip
at the termination of the Sabine- Neches Canal into Sabine Lake, Jefferson
County, Texas.
EXPLORER PIPELINE COMPANY has applied for a Texas Pollutant Discharge Elimination
System (TPDES) wastewater permit. The applicant has an existing Texas Natural
Resource Conservation Commission (TNRCC) Permit No. 02395. The draft permit
authorizes the discharge of process wastewater consisting of tank bottom water
and stormwater on an intermittent and flow variable basis via Outfall 001.
The plant site is located approximately one mile north of Interstate Highway
30, and 1/4 mile east of Farm-to-Market Road 36 near the City of Caddo Mills
in Hunt County, Texas.
BAILEY RAY HAWLEY has applied for a renewal of TNRCC Permit No. 13853-001,
which authorizes the discharge of treated domestic wastewater at a daily average
flow not to exceed 29,500 gallons per day. The facility is located approximately
200 feet east of Farm-to-Market Road 2946, approximately 1.2 miles south of
the intersection of Farm-to-Market Road 2946 and State Highway 514, and approximately
7.5 miles east- northeast of the City of Emory in Rains County, Texas.
INLAND PAPERBOARD AND PACKAGING, INC. has applied for a major amendment
to TNRCC Permit No. 01185 to authorize an increase in the permitted daily
average flow limit at Outfall 001 from 20,000,000 gallons per day to 25,000,000
gallons per day; removal of chemical oxygen effluent limitations at Outfall
001; removal of Outfall 101; the addition of utility wastewater at Outfall
002; and authorization of an alternate sampling point for pH at Outfall 002.
The current permit authorizes the discharge of treated process, utility, sanitary
wastewater, and storm water at a daily average flow not to exceed 20,000,000
gallons per day via Outfall 001; and storm water on an intermittent and flow
variable basis via Outfall 002. Issuance of this Texas Pollutant Discharge
Elimination System (TPDES) permit will replace the existing NPDES Permit No.
TX0003158 issued on September 30, 1994 and TNRCC Permit No. 01185 issued on
November 16, 1994. The applicant operates an unbleached kraft pulp/paperboard
mill and corrugated container recycle mill. The plant site is located approximately
five miles north of the City of Orange between State Highway 87 and the Sabine
River and north of West Bluff Road, Orange County, Texas
LOWER COLORADO RIVER AUTHORITY has applied for a renewal of an existing
wastewater permit. The applicant has an existing National Pollutant Discharge
Elimination System (NPDES) Permit No. TX0073121 and an existing Texas Natural
Resource Conservation Commission (TNRCC) Permit No. 02105. The draft permit
authorizes the discharge of once-through cooling water at a daily average
flow not to exceed 1,509,000,000 gallons per day via Outfall 001; the discharge
of cooling water drained from condensers and other cooling equipment during
maintenance periods at a total volume not to exceed 2,500,000 gallons during
any 24- hour period via Outfall 002; the discharge of coal pile runoff commingled
with low volume waste and stormwater on an intermittent and flow variable
basis via Outfall 003; and the discharge of stormwater runoff on an intermittent
and flow variable basis via Outfall 004. The applicant operates the Fayette
Power Project, a steam electric station. The plant site is located adjacent
to the south shore of Cedar Creek Reservoir, approximately two miles north
of State Highway 71 and seven miles east of the City of La Grange, Fayette
County, Texas.
CITY OF MINEOLA has applied for a renewal of TPDES Permit No. 10349-001,
which authorizes the discharge of treated domestic wastewater at an annual
average flow not to exceed 2,000,000 gallons per day. The facility is located
approximately 2.0 miles southeast of the intersection of U.S. Highway 69 and
U.S. Highway 80 in Wood County, Texas.
ORANGE COUNTY WATER CONTROL AND IMPROVEMENT DISTRICT NO. 1 has applied
for a renewal of TPDES Permit No. 10875-003, which authorizes the discharge
of treated domestic wastewater at a daily average flow not to exceed 255,000
gallons per day. The facility is located approximately 3,500 feet southwest
of the intersection of Farm-to-Market Road 1132 and State Highway 105 in Orange
County, Texas.
PINE COVE INC. has applied for a new permit, Proposed Permit No. 14254-001,
to authorize the disposal of treated domestic wastewater at a daily average
flow not to exceed 120,000 gallons per day via surface irrigation of 54 acres
of land. The facility and disposal site are located on Farm-to-Market Road
2661, 0.2 mile south of County Road 1133 in Smith County, Texas. The facility
and disposal site are located in the drainage basin of Lake Palestine in Segment
No. 0605 of the Neches River Basin.
SAN YGNACIO MUNICIPAL UTILITY DISTRICT has applied to the TNRCC for a renewal
of Permit No. 13383-001 to authorize the disposal of treated domestic wastewater
at a daily average flow not to exceed 194,000 gallons per day via irrigation
of 72 acres of pastureland. This permit will not authorize a discharge of
pollutants into waters in the State. The wastewater treatment facilities and
disposal site are located approximately 2.2 miles north-northeast of the intersection
of U.S. Highway 83 and Farm-to-Market Road 3169 at San Ygnacio in Zapata County,
Texas.
CITY OF SEGUIN has applied for a renewal of TNRCC Permit No. 10277-002,
which authorizes the discharge of treated water treatment filter backwash
water at a daily average flow not to exceed 40,000 gallons per day. The plant
site is located 150 feet upstream from the State Highway 123 bridge on the
Guadalupe River in the City of Seguin, in Guadalupe County, Texas.
SOUTHWESTERN PUBLIC SERVICE COMPANY which operates the Clifford B. Jones
Steam Electric Station, has applied for a major amendment to Permit No. 01312
to authorize an increase in the upper pH limitation and to reduce the monitoring
frequency for pH. The current permit authorizes the disposal of cooling tower
blowdown, low volume waste sources, metal cleaning wastes, and storm water
at a rate not to exceed 5.0 acre-feet/acre/year via irrigation of 1080 acres.
This permit will not authorize a discharge of pollutants into waters in the
State. The facility is located approximately two miles east of the intersection
of U.S. Highway 84 and State Highway 331, southeast of the City of Lubbock,
Lubbock County, Texas.
TEMPLE-INLAND FOREST PRODUCTS CORPORATION has applied for a renewal of
NPDES Permit No. TX0086031 (TPDES Permit No. 04120), which authorizes the
discharge of wet decking wastewater and storm water runoff on an intermittent
and flow variable basis via Outfall 001. Issuance of this Texas Pollutant
Discharge Elimination System (TPDES) permit will replace the existing NPDES
Permit No. TX0086037 issued on March 15, 1984. The applicant operates a log
storage facility. The plant site is located on State Highway 96, approximately
one mile east of the City of Silsbee and approximately one mile west of the
Neches River, Hardin County, Texas.
TEXAS DEPARTMENT OF MENTAL HEALTH AND MENTAL RETARDATION has applied for
a renewal of TPDES Permit No. 10557-001, which authorizes the discharge of
treated domestic wastewater at a daily average flow not to exceed 200,000
gallons per day. The facility is located approximately 0.25 mile east of U.S.
Highway 69 and one mile southeast of the intersection of U.S. Highway 69 and
farm-to-Market Road 843 in Angelina County, Texas.
VIDOR INDEPENDENT SCHOOL DISTRICT has applied for a renewal of TNRCC Permit
No. 13210- 001, which authorizes the discharge of treated domestic wastewater
at a daily average flow not to exceed 11,500 gallons per day. The facility
is located on the southwest corner of the Pine Forest Elementary School property,
approximately 1,500 feet south of the intersection of Farm-to-Market Road
105 and Farm-to-Market 1131 in Orange County, Texas.
CITY OF WEATHERFORD has applied for a renewal of TPDES Permit No. 10380-002,
which authorizes the discharge of treated domestic wastewater at an annual
average flow not to exceed 4,500,000 gallons per day. The facility is located
at 1327 Eureka Street approximately 4,000 feet north-northwest of the intersection
of Interstate Highway 20 and Farm-to-Market Road 2552 in Parker County, Texas.
CITY OF WINNSBORO has applied for a renewal of TNRCC Permit No. 10319-002,
which authorizes the discharge of treated domestic wastewater at an annual
average flow not to exceed 1,120,000 gallons per day. The facility is located
approximately 1.0 mile south of Winnsboro, approximately 1900 feet east of
Old State Highway 37 and 1400 feet west of Farm-to-Market Road 312 in Wood
County, Texas.
TRD-200103326
LaDonna Castañuela
Chief Clerk
Texas Natural Resource Conservation Commission
Filed: June 12, 2001
Application Number 5728; City of Weimar, P.O. Box 67, Weimar, Texas, 78962,
applicant, seeks a Water Use Permit pursuant to Chapter 11.042, Texas Water
Code, and Texas Natural Resource Conservation Commission Rules 30 TAC Chapter
295.1, et seq.
Applicant seeks authorization to use approximately 50 feet of the bed and
banks of an unnamed tributary of Harvey's Creek, tributary of the Colorado
River, Colorado River Basin to convey its privately-developed ground-water-based-effluent
from the city's wastewater treatment plant to one diversion point downstream
of the plant on the unnamed tributary of Harvey's Creek. Water diverted will
be impounded in an off-channel reservoir for subsequent diversion for irrigation
purposes.
Applicant will discharge a maximum of 552.4 acre-feet of ground-water-based-effluent
annually at a maximum rate of 0.77 cfs (350 gpm) into the unnamed tributary
of Harvey's Creek, tributary of the Colorado River, Colorado River Basin,
at a point authorized by applicant's TPDES Permit Number 10311-01, approximately
3,230 feet east of FM 155 and 3,310 feet north of the Interstate Highway 10.
This point is located at Latitude 29.701° N, and Longitude 96.765°
W, also being N 24.336° W, 38.43 feet from NGS Marker Y-818.
Applicant seeks to divert a total of 22.5 acre-feet of ground-water-based-effluent
per annum from a point on the west bank of the aforesaid unnamed tributary
located approximately 50 feet downstream from the aforesaid point of discharge,
approximately 14 miles west of City of Columbus, Colorado County, and being
on Latitude 29.701° N, Longitude 96.766° W, also being N 16.532°
W, 134.735 feet from the aforesaid marker. Ground-water-based- effluent will
be diverted at a rate of 0.58 cfs (250 gpm) to an off-channel structure for
subsequent irrigation purposes. The reservoir has an impoundment capacity
of 12.5 acre-feet of water and a surface area of 1.0 acre, and is located
in the H. Austin 5 League Grant, Abstract No. 4, Colorado County, approximately
14 miles west of Columbus, and 1.0 mile east of the Weimar, being Latitude
29.703 degrees N, Longitude 96.769° W.
Applicant will subsequently divert the aforesaid 22.5 acre-feet of groundwater-based
effluent per annum from the aforesaid impoundment at a point on the perimeter
of the reservoir for irrigation purposes. Water will be diverted from the
off-channel impoundment to irrigate 35.4 acres of land out of a 111.12 acre-tract,
not owned by the applicant, and located in the aforesaid survey. Applicant
has received authorization from landowners to irrigate the aforesaid tract
as evidenced by Letter of Consent dated April 26, 2001.
Applicant has stated that there will be a neglible carriage loss in the
approximately 300 feet stretch of the aforesaid unnamed tributary between
the discharge point and the downstream diversion point. Applicant has indicated
that the discharge volume and rate from the plant will always exceed the diversion
volume and rate from the diversion point located downstream on the aforesaid
unnamed tributary.
Applicant has not requested an appropriation of state water from the aforesaid
unnamed tributary of Harvey's Creek. If granted, this permit will be contingent
upon the continued discharge of applicant's return flows into the unnamed
tributary of Harvey's Creek at the current rate and shall become null and
void without further Commission consideration upon cessation of said return
flows. The application was received on November 14, 2000. Additional information
was received on January 23, 2001. The Executive Director reviewed the application
and determined it to be administratively complete on January 25, 2001.
Written public comments and requests for a public meeting should be submitted
to the Office of Chief Clerk, at the address provided in the information section
below, within 30 days of the date of newspaper publication of the notice.
A public meeting is intended for the taking of public comment, and is not
a contested case hearing. A public meeting will be held if the Executive Director
determines that there is a significant degree of public interest in the application.
The TNRCC may grant a contested case hearing on this application if a written
hearing request is filed within 30 days from the date of newspaper publication
of this notice. The Executive Director may approve the application unless
a written request for a contested case hearing is filed within 30 days after
newspaper publication of this notice.
To request a contested case hearing, you must submit the following: (1)
your name (or for a group or association, an official representative), mailing
address, daytime phone number, and fax number, if any; (2) applicant's name
and permit number; (3) the statement "[I/we] request a contested case hearing;"
(4) a brief and specific description of how you would be affected by the application
in a way not common to the general public; and (5) the location and distance
of your property relative to the proposed activity. You may also submit proposed
conditions in the requested permit which would satisfy your concerns. Requests
for a contested case hearing must be submitted in writing to the Office of
the Chief Clerk at the address provided in the information section below.
If a hearing request is filed, the Executive Director will not issue the
permit and will forward the application and hearing request to the TNRCC Commissioners
for their consideration at a scheduled Commission meeting.
Written hearing requests, public comments or requests for a public meeting
should be submitted to the Office of the Chief Clerk, MC 105, TNRCC, P.O.
Box 13087, Austin, Texas 78711-3087. For information concerning the hearing
process, please contact the Public Interest Counsel, MC 103, the same address.
For additional information, individual members of the general public may contact
the Office of Public Assistance at 1-800-687-4040. General information regarding
the TNRCC can be found at our web site at www.tnrcc.state.tx.us.
TRD-200103181
LaDonna Castañuela
Chief Clerk
Texas Natural Resource Conservation Commission
Filed: June 6, 2001
The State Office Administrative Hearing issued a Proposal for Decision
and Order to the Texas Natural Resource Conservation Commission on June 5,
2001. Executive Director of the Texas Natural Resource Conservation Commission,
Petitioner v. Curlin & Associates, Inc., DBA Kwik Mart II and Shailendra
S. Jayswal DBA Kwik Mart II; Respondent; SOAH Docket No. 582-01-2448; TNRCC
Docket No. 2000-0006- PST-E. In the matter to be considered by the Texas Natural
Resource Conservation Commission on a date and time to be determined by the
Chief Clerk's Office in Room 201S of Building E, 12118 N. Interstate 35, Austin,
Texas. This posting is Notice of Opportunity to Comment on the Proposal for
Decision and Order. The comment period will end 30 days from date of publication.
Written public comments should be submitted to the Office of the Chief Clerk,
MC-105 TNRCC PO Box 13087, Austin Texas 78711-3087. If you have any questions
or need assistance, please contact Doug Kitts, Chief Clerk's Office, (512)
239-3317.
TRD-200103324
Douglas Kitts
Agenda Coordinator
Texas Natural Resource Conservation Commission
Filed: June 12, 2001
The State Office Administrative Hearing issued a Proposal for Decision
and Order to the Texas Natural Resource Conservation Commission on June 8,
2001. Executive Director of the Texas Natural Resource Conservation Commission,
Petitioner v. Roger Boyd and Rocket Water Company, Inc., DBA Oak Forest Water
Systems; Respondent; SOAH Docket No.582-01-1222; TNRCC Docket No. 2000-1168-PWS-E.
In the matter to be considered by the Texas Natural Resource Conservation
Commission on a date and time to be determined by the Chief Clerk's Office
in Room 201S of Building E, 12118 N. Interstate 35, Austin, Texas. This posting
is Notice of Opportunity to Comment on the Proposal for Decision and Order.
The comment period will end 30 days from date of publication. Written public
comments should be submitted to the Office of the Chief Clerk, MC-105 TNRCC
PO Box 13087, Austin Texas 78711-3087. If you have any questions or need assistance,
please contact Doug Kitts, Chief Clerk's Office, (512) 239-3317.
TRD-200103325
Douglas Kitts
Agenda Coordinator
Texas Natural Resource Conservation Commission
Filed: June 12, 2001
Notice of Application for a Certificate to Provide Retail Electric Service
Notice is given to the public of the filing with the Public Utility Commission
of Texas (commission) of an application on June 5, 2001, for retail electric
provider (REP) certification, pursuant to §§39.101 - 39.109 of the
Public Utility Regulatory Act (PURA). A summary of the application follows.
Docket Title and Number: Application of ACN Energy, Inc. for Retail Electric
Provider (REP) certification, Docket Number 24219 before the Public Utility
Commission of Texas.
Applicant's requested service area is the geographic area of the Electric
Reliability Council of Texas (ERCOT).
Persons who wish to comment upon the action sought should contact the Public
Utility Commission of Texas, P.O. Box 13326, Austin, Texas 78711-3326, or
call the commission's Customer Protection Division at (512) 936-7120 no later
than June 29, 2001. Hearing and speech-impaired individuals with text telephone
(TTY) may contact the commission at (512) 936-7136.
TRD-200103179
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: June 6, 2001
On June 4, 2001, ICG Telecom Group, Inc. filed an application with the
Public Utility Commission of Texas (commission) to amend its service provider
certificate of operating authority (SPCOA) granted in SPCOA Certificate Number
60103. Applicant intends to discontinue certain services.
The Application: Application of ICG Telecom Group, Inc. to Discontinue
Certain Services, Docket Number 24167.
Persons with questions about this docket, or who wish to intervene or otherwise
participate in these proceedings should make appropriate filings or comments
to the Public Utility Commission of Texas, P.O. Box 13326, Austin, Texas 78711-3326
no later than June 27, 2001. You may contact the commission's Customer Protection
Division at (512) 936-7120. Hearing and speech- impaired individuals with
text telephone (TTY) may contact the commission at (512) 936-7136. All correspondence
should refer to Docket Number 24167.
TRD-200103178
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: June 6, 2001
On June 5, 2001, Fiber America Inc. filed an application with the Public
Utility Commission of Texas (commission) to amend its service provider certificate
of operating authority (SPCOA) granted in SPCOA Certificate Number 60357.
Applicant intends to reflect a change in ownership whereby El Paso Networks
L.L.C. will acquire a 100% ownership interest in the Applicant, thereby relinquishing
its certificate.
The Application: Application of Fiber America Inc. for an Amendment to
its Service Provider Certificate of Operating Authority, Docket Number 24220.
Persons with questions about this docket, or who wish to intervene or otherwise
participate in these proceedings should make appropriate filings or comments
to the Public Utility Commission of Texas, P.O. Box 13326, Austin, Texas 78711-3326
no later than June 27, 2001. You may contact the commission's Customer Protection
Division at (512) 936-7120. Hearing and speech- impaired individuals with
text telephone (TTY) may contact the commission at (512) 936-7136. All correspondence
should refer to Docket Number 24220.
TRD-200103180
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: June 6, 2001
Notice is given to the public of the filing with the Public Utility Commission
of Texas (commission) of a petition on June 8, 2001, for determination and
approval of self-insurance, pursuant to §§53.064(a) of the Public
Utility Regulatory Act (PURA). A summary of the application follows.
Docket Title and Number: Petition of Southwestern Bell Telephone Company
for Determination and Approval of Self-Insurance, Docket Number 24234 before
the Public Utility Commission of Texas.
Applicant seeks approval of its self-insurance program for all or part
of their potential liability or catastrophic property loss, including windstorm,
fire, and explosion losses, that could not have been reasonably anticipated
and included under operating and maintenance expenses.
Persons who wish to comment upon the action sought should contact the Public
Utility Commission of Texas, P.O. Box 13326, Austin, Texas 78711-3326, or
call the commission's Customer Protection Division at (512) 936-7120 no later
than July 6, 2001. Hearing and speech-impaired individuals with text telephone
(TTY) may contact the commission at (512) 936-7136.
TRD-200103330
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: June 13, 2001
Notice is given to the public of the filing with the Public Utility Commission
of Texas (commission) of an application filed on June 8, 2001, to amend a
certificate of convenience and necessity pursuant to the P.U.C. Substantive
Rule §26.101(b)(4). A summary of the application follows.
Docket Style and Number: Application to Amend Certificate of Convenience
for Southwestern Bell Telephone Company. Docket Number 24233.
The Application: The proposed amendment would realign the boundary between
the Cedar Valley zone of Southwestern Bell Telephone Company's (SWBT) Austin
Metropolitan exchange and the Dripping Springs exchange of Verizon in Hays
County. SWBT states in its application that this amendment would allow customers
to be efficiently served by a single local exchange carrier. The realignment
would occur just south of Hwy. 290 and west of Sawyer Ranch Road between Verizon's
Dripping Springs exchange and the Cedar Valley zone of SWBT's Austin Metropolitan
exchange. The boundary realignment would allow Verizon to serve a new subdivision
that is under development, and SWBT to serve the Foster property, which is
currently split by the exchange boundary line. The proposed amendment would
allow the customers in both areas to be served most efficiently by one local
exchange carrier.
Persons who wish to comment upon the action sought should contact the Public
Utility Commission of Texas, P.O. Box 13326, Austin, Texas 78711-3326, or
call the commission's Customer Protection Division at (512) 936-7120 or (888)
782-8477. Hearing and speech- impaired individuals with text telephone (TTY)
may contact the commission at (512) 936-7136 or use Relay Texas (toll-free)
1-800-735-2989.
TRD-200103331
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: June 13, 2001
Notice is given to the public of the filing with the Public Utility Commission
of Texas (commission) of a long run incremental cost (LRIC) study pursuant
to P.U.C. Substantive Rule §26.215.
Docket Title and Number. Verizon Southwest's Application for Approval of
LRIC Study for Returned Check Charge Pursuant to P.U.C. Substantive Rule §26.215
on or about June 4, 2001, Docket Number 24221.
Any party that demonstrates a justiciable interest may file with the administrative
law judge, written comments or recommendations concerning the LRIC study referencing
Docket Number 24221. Written comments or recommendations should be filed no
later than 45 days after the date of sufficiency and should be filed at the
Public Utility Commission of Texas, 1701 North Congress Avenue, P.O. Box 13326,
Austin, Texas 78711-3326. You may call the commission's Customer Protection
Division at (512) 936-7120. Hearing and speech-impaired individuals with text
telephones (TTY) may contact the commission at (512) 936-7136.
TRD-200103207
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: June 8, 2001
On June 11, 2001, Southwestern Bell Telephone Company and Verizon Select
Services, Inc. formerly known as GTE Communications Corporation, collectively
referred to as applicants, filed a joint application for approval of interconnection
agreement under Section 252(i) of the federal Telecommunications Act of 1996,
Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered
sections of 15 and 47 United States Code) (FTA) and the Public Utility Regulatory
Act, Texas Utilities Code Annotated, Chapters 52 and 60 (Vernon 1998 &
Supplement 2001) (PURA). The joint application has been designated Docket
Number 24246. The joint application and the underlying interconnection agreement
are available for public inspection at the commission's offices in Austin,
Texas.
The commission must act to approve the interconnection agreement within
35 days after it is submitted by the parties.
The commission finds that additional public comment should be allowed before
the commission issues a final decision approving or rejecting the interconnection
agreement. Any interested person may file written comments on the joint application
by filing ten copies of the comments with the commission's filing clerk. Additionally,
a copy of the comments should be served on each of the applicants. The comments
should specifically refer to Docket Number 24246. As a part of the comments,
an interested person may request that a public hearing be conducted. The comments,
including any request for public hearing, shall be filed by July 10, 2001,
and shall include:
1) a detailed statement of the person's interests in the agreement, including
a description of how approval of the agreement may adversely affect those
interests;
2) specific allegations that the agreement, or some portion thereof:
a) discriminates against a telecommunications carrier that is not a party
to the agreement; or
b) is not consistent with the public interest, convenience, and necessity;
or
c) is not consistent with other requirements of state law; and
3) the specific facts upon which the allegations are based.
After reviewing any comments, the commission will issue a notice of approval,
denial, or determine whether to conduct further proceedings concerning the
joint application. The commission shall have the authority given to a presiding
officer pursuant to P.U.C. Procedural Rule §22.202. The commission may
identify issues raised by the joint application and comments and establish
a schedule for addressing those issues, including the submission of evidence
by the applicants, if necessary, and briefing and oral argument. The commission
may conduct a public hearing. Interested persons who file comments are not
entitled to participate as intervenors in the public hearing.
Persons with questions about this project or who wish to comment on the
joint application should contact the Public Utility Commission of Texas, 1701
North Congress Avenue, P.O. Box 13326, Austin, Texas 78711-3326. You may call
the commission's Customer Protection Division at (512) 936-7120 or toll free
at 1-888-782-8477. Hearing and speech-impaired individuals with text telephones
(TTY) may contact the commission at (512) 936-7136. All correspondence should
refer to Docket Number 24246.
TRD-200103334
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: June 13, 2001
On June 11, 2001, Southwestern Bell Telephone Company and Brazos Global
Communications, collectively referred to as applicants, filed a joint application
for approval of interconnection agreement under Section 252(i) of the federal
Telecommunications Act of 1996, Public Law Number 104-104, 110 Statute 56,
(codified as amended in scattered sections of 15 and 47 United States Code)
(FTA) and the Public Utility Regulatory Act, Texas Utilities Code Annotated,
Chapters 52 and 60 (Vernon 1998 & Supplement 2001) (PURA). The joint application
has been designated Docket Number 24247. The joint application and the underlying
interconnection agreement are available for public inspection at the commission's
offices in Austin, Texas.
The commission must act to approve the interconnection agreement within
35 days after it is submitted by the parties.
The commission finds that additional public comment should be allowed before
the commission issues a final decision approving or rejecting the interconnection
agreement. Any interested person may file written comments on the joint application
by filing ten copies of the comments with the commission's filing clerk. Additionally,
a copy of the comments should be served on each of the applicants. The comments
should specifically refer to Docket Number 24247. As a part of the comments,
an interested person may request that a public hearing be conducted. The comments,
including any request for public hearing, shall be filed by July 10, 2001,
and shall include:
1) a detailed statement of the person's interests in the agreement, including
a description of how approval of the agreement may adversely affect those
interests;
2) specific allegations that the agreement, or some portion thereof:
a) discriminates against a telecommunications carrier that is not a party
to the agreement; or
b) is not consistent with the public interest, convenience, and necessity;
or
c) is not consistent with other requirements of state law; and
3) the specific facts upon which the allegations are based.
After reviewing any comments, the commission will issue a notice of approval,
denial, or determine whether to conduct further proceedings concerning the
joint application. The commission shall have the authority given to a presiding
officer pursuant to P.U.C. Procedural Rule §22.202. The commission may
identify issues raised by the joint application and comments and establish
a schedule for addressing those issues, including the submission of evidence
by the applicants, if necessary, and briefing and oral argument. The commission
may conduct a public hearing. Interested persons who file comments are not
entitled to participate as intervenors in the public hearing.
Persons with questions about this project or who wish to comment on the
joint application should contact the Public Utility Commission of Texas, 1701
North Congress Avenue, P.O. Box 13326, Austin, Texas 78711-3326. You may call
the commission's Customer Protection Division at (512) 936-7120 or toll free
at 1-888-782-8477. Hearing and speech-impaired individuals with text telephones
(TTY) may contact the commission at (512) 936-7136. All correspondence should
refer to Docket Number 24247.
TRD-200103335
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: June 13, 2001
Request for Proposal for Cost Estimation
The SETRPC-MPO is currently updating its long-range transportation plan,
known as the Jefferson-Orange-Hardin-Regional Transportation Study (JOHRTS)
MTP-2025. As part of this process, new proposed transportation projects from
local entities are considered for inclusion into the updated MTP. The JOHRTS
Project Selection Process (PSP) requires that each new proposed transportation
project be developed after an assessment of alternatives and have an accurate
cost estimate before it can be approved for submission into the revised MTP.
The SETRPC-MPO is soliciting written proposals from firms for their assistance
to regional project sponsors in: (a) developing accurate cost estimates; and
(b) conducting preliminary alternatives analysis for all existing and proposed
projects; and (c) providing an engineering report discussing the safety, rehabilitation,
and other project benefits according to the JOHRTS PSP guidelines.
The cost estimation process is designed to:
1. Assist local government staffs in developing project cost estimates
for existing and new proposed transportation projects in the MTP.
2. Conduct a general review of all cost estimates for existing and new
proposed transportation projects to ensure uniformity and consistency of project
costs in the MTP.
Each cost estimate must include a spreadsheet, in Microsoft Excel format,
showing a detailed breakdown of all costs (adjusted for inflation), and a
schematic of a typical section of the proposed project.
All cost estimates, including non-construction costs, must be consistent with
Texas Department of Transportation (TxDOT) standards.
The preliminary alternatives analysis should evaluate each project based
on its ability to:
1. Provide a practical solution to an identified transportation problem.
2. Produce the most effective solution at the least cost.
3. Utilize the latest engineering principles in roadway design.
4. Mitigate any adverse community impacts and prevent further transportation
problems in the future.
The Consultant should submit a signed one-page document briefly discussing
how the project satisfies the aforementioned criteria. Also, the engineering
report must contain the signatures of the consulting professional engineer
and the project sponsor representative. If the Consultant feels that the project
needs to be examined in further detail, he should contact MPO staff as soon
as possible.
Final Products
The Consultant is required to submit the following documentation for each
project:
1. A cost estimate of the proposed project, shown as a spreadsheet in Microsoft
Excel format showing a detailed breakdown of all costs (adjusted for inflation)
2. A schematic of a typical section of the proposed project
3. A one-page alternatives analysis of the proposed project
4. A brief one or two page engineering report as per the guidelines listed
in the current JOHRTS PSP
Closing Dates: If your firm is interested and qualified to provide an accurate
cost estimate and conduct preliminary alternatives analysis for existing and
proposed projects for the (JORHTS) area, please contact our office either
via letter addressed to Bob Dickinson, South East Texas Regional Planning
Commission, 3501 Turtle Creek Drive, Port Arthur, Texas, 77642 or via fax
at (409) 729-6511 to express your interest. All responding firms will receive
a complete Request for Proposal package.
Final Proposals
will be due by 12 Noon CST on July 13, 2001.
TRD-200103329
Chester R. Jourdan
Executive Director
South East Texas Regional Planning Commission
Filed: June 13, 2001
Notice Regarding Private Real Property Rights Preservation Act (SB 14) Guidelines
Coastal Coordination Council
Comptroller of Public Accounts
Notice of Award
Notice of Contract Award
Notice of Contract Award
Office of Consumer Credit Commissioner
Texas Department of Criminal Justice
Edwards Aquifer Authority
Texas Department of Health
Notice of Intent to Revoke the Industrial Radiographer Identification Card of Steve Cagle
Notice of Request for Proposals for Increasing Participation of Minorities with Human Immunodeficiency Virus (HIV) in the Texas HIV Medication Program in Harris and Dallas Counties
Houston-Galveston Area Council
Texas Department of Insurance
Insurer Services
Notice
Texas Natural Resource Conservation Commission
Enforcement Orders
Notice of Opportunity to Comment on Default Orders of Administrative Enforcement Actions
Notice of Opportunity to Comment on Settlement Agreements of Administrative Enforcement Actions
Notice of Opportunity to Comment on Settlement Agreements of Administrative Enforcement Actions
Notice of Public Hearing (Chapter 114)
Notice of Public Hearing Regarding Revisions to 30 TAC Chapter 116, and to The Texas State Implementation Plan
Notice of Water Quality Applications
Notice of Water Quality Applications
Notice of Water Right Application
Proposal for Decision
Proposal for Decision
Public Utility Commission of Texas
Notice of Application for Amendment to Service Provider Certificate of Operating Authority
Notice of Application for Amendment to Service Provider Certificate of Operating Authority
Notice of Application for Determination and Approval of Self-Insurance
Notice of Application to Amend Certificate of Convenience and Necessity
Public Notice of Intent to File Pursuant to P.U.C. Substantive Rule §26.215
Public Notice of Interconnection Agreement
Public Notice of Interconnection Agreement
South East Texas Regional Planning Commission
Stephen F. Austin State University