TITLE in-addition

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


Notice Regarding Private Real Property Rights Preservation Act (SB 14) Guidelines

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


Coastal Coordination Council

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


Comptroller of Public Accounts

Local Sales Tax Rate Changes Effective July 1, 2001

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TRD-200103189

Martin Cherry

Deputy General Counsel for Tax Policy and Agency Affairs

Comptroller of Public Accounts

Filed: June 7, 2001


Notice of Award

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 Contract Award

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 Contract Award

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


Office of Consumer Credit Commissioner

Notice of Rate Ceilings

The Consumer Credit Commissioner of Texas has ascertained the following rate ceilings by use of the formulas and methods described in §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


Texas Department of Criminal Justice

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


Edwards Aquifer Authority

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


Texas Department of Health

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


Notice of Intent to Revoke the Industrial Radiographer Identification Card of Steve Cagle

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


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

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


Houston-Galveston Area Council

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 ckimmick@hgac.cog.tx.us . Proposals are due at H-GAC offices, 3555 Timmons Lane, Suite 500, Houston, Texas 77027 no later than 12:00 p.m. (noon) Central Daylight Time on Friday, June 22, 2001. Late proposals will not be accepted. There will be no exceptions.

TRD-200103177

Jack Steele

Executive Director

Houston-Galveston Area Council

Filed: June 6, 2001


Texas Department of Insurance

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


Insurer Services

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


Notice

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


Texas Natural Resource Conservation Commission

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


Enforcement Orders

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


Notice of Opportunity to Comment on Default Orders of Administrative Enforcement Actions

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


Notice of Opportunity to Comment on Settlement Agreements of Administrative Enforcement Actions

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


Notice of Opportunity to Comment on Settlement Agreements of Administrative Enforcement Actions

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


Notice of Public Hearing (Chapter 114)

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


Notice of Public Hearing Regarding Revisions to 30 TAC Chapter 116, and to The Texas State Implementation Plan

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


Notice of Water Quality Applications

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


Notice of Water Quality Applications

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


Notice of Water Right Application

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


Proposal for Decision

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


Proposal for Decision

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


Public Utility Commission of Texas

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


Notice of Application for Amendment to Service Provider Certificate of Operating Authority

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


Notice of Application for Amendment to Service Provider Certificate of Operating Authority

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 of Application for Determination and Approval of Self-Insurance

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 of Application to Amend Certificate of Convenience and Necessity

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


Public Notice of Intent to File Pursuant to P.U.C. Substantive Rule §26.215

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


Public Notice of Interconnection Agreement

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


Public Notice of Interconnection Agreement

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


South East Texas Regional Planning Commission

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


Stephen F. Austin State University

Notice of Availability of Consultant Contract

This request for consulting services is filed under the provisions of the Government Code, Chapter 2254.

Stephen F. Austin State University (herein called SFA) intends to contract for advertising administration and creative services from an outside firm. The successful agency will conduct an advertising campaign beginning at the date of award for one year, and the agreement may be extended for one-year periods up to four years (for a total of five years). SFA estimates expenditures from $250,000 up to and not exceeding $500,000 for a year-long advertising campaign. From this budget, all agency fees, including all services, production and delivery charges, as well as all media buys must be debited. The purpose is to promote and yield increased enrollment and retention in graduate and undergraduate programs. The campaign's goal will be focused on SFA student recruitment and enrollment from throughout the state of Texas with a particular emphasis on the following 15 regional East Texas counties: Cherokee, Rusk, Panola, Shelby, Nacogdoches, San Augustine, Sabine, Newton, Jasper, Tyler, Polk, Angelina, Trinity, Houston and Smith. The major Texas metropolitan areas are also to be included. All new contracts/agreements must be consistent with State Procurement Regulations and university procurement policies and procedures.

Current marketing efforts at SFA are decentralized. No university-wide marketing strategy has been adopted. In short, a more strategic approach to institution-wide marketing is needed, in order to strengthen relationships with various target audiences across the region. The successful agency will be required to provide specific services, which will include the following: Creative guidance on existing enrollment print, broadcast and internet materials; Design and production of all advertising; Placement of print, radio and Internet advertising, as well as recommendations on appropriate media; Monitoring of the placed advertisements; Detailed assistance with billing procedures and budgeting of all expenditures.

Respondent must demonstrate: The ability to make targeted media placement recommendations in the area of print, radio and Internet advertising; Examples of creative design services for each of the three media; A thorough knowledge of Texas media opportunities specific to the areas indicated; A thorough understanding of Internet media buying and placement; The assignment of a representative to work as an account executive to the SFA director of public affairs; Submitted references of clients with which the agency worked in the areas of print, radio and Internet advertising, as well as samples of previous work performed for those clients; A brief summary of why the Stephen F. Austin State University account is of interest and how the agency can specifically address the university's unique needs of increasing enrollment and student retention; All account team members should be specified with a brief biography. If the agency does not have the ability to provide all services in-house, contracted services and subcontractors must be provided with an explanation of how the professionals will work together on the SFA account in a cohesive manner that is transparent to the university. Submission of a HUB Subcontracting Plan showing a good faith effort to do business with Historically Underutilized Businesses.

Persons interested in this RFP should contact Diana Boubel, Director of Purchasing & Inventory/HUB Coordinator, 936-468-4037, for complete RFP requirements.

A MANDATORY pre-proposal conference is scheduled for 10:00am, Friday, June 22, 2001 in the Austin Building, Conference Room 307 on the campus of SFA.

All proposals must be received in the office of Diana Boubel, Director of Purchasing, P.O. Box 13030, 2124 Wilson Drive, Nacogdoches, TX 75962, no later than 5:00pm, Friday, July 6, 2001.

TRD-200103205

R. Yvette Clark

General Counsel

Stephen F. Austin State University

Filed: June 7, 2001