Office of the Attorney General
Texas Clean Air Act, the Texas Water Code, and Texas Solid Waste Disposal Act Settlement Notice
Notice is hereby given by the State of Texas of the following proposed
resolution of an environmental enforcement lawsuit under the Texas Clean Air
Act, the Texas Water Code, and Texas Solid Waste Disposal Act. Before the
State may settle a judicial enforcement action under the Water Code, the State
shall permit the public to comment in writing on the proposed judgment. The
Attorney General will consider any written comments and may withdraw or withhold
consent to the proposed agreed judgment if the comments disclose facts or
considerations that indicate that the consent is inappropriate, improper,
inadequate, or inconsistent with the requirements of the Code.
Case Title and Court: Harris County, Texas and the
State of Texas v. Sebastian Ordonez, Individually and d/b/a Bright Marble
Co.,
Cause No. 2002-35882, in the 295th Judicial District Court of
Harris County, Texas
Nature of Defendant's Operations: Defendant owns and operates a cultured
marble (thermoset resin) manufacturing facility located at 9103 F.M. 1960
West, Houston, Harris County, Texas. Harris County and the State of Texas
alleged that Defendant operated without proper authority, discharged and emitted
air contaminants creating a nuisance odor and caused adverse effects on human
health, and discharged industrial waste onto the ground and into or adjacent
to water of the State.
Proposed Agreed Judgment: The Agreed Permanent Injunction and Final Judgment
requires Defendant to pay Forty-One Thousand Five Hundred Dollars ($41,500.00)
in civil penalties to be split equally between Harris County and the State
of Texas, and Two Thousand Five Hundred Dollars ($2,500.00) in attorney fees.
For a complete description of the proposed settlement, the complete proposed
Agreed Final Judgment should be reviewed. Requests for copies of the judgment,
and written comments on the proposed settlement should be directed to Anthony
W. Benedict, Assistant Attorney General, Office of the Texas Attorney General,
P. O. Box 12548, Austin, Texas 78711-2548, (512) 463-2012, facsimile (512)
320-0911. Written comments must be received within 30 days of publication
of this notice to be considered.
For information regarding this publication, you
may contact A.G. Younger, Agency Liaison, at 512 463-2110.
TRD-200303246
Office of the Attorney General
Nancy S. Fuller
Assistant Attorney General
Filed: May 27, 2003
TBPC Project No. 03-001-771
INVITATION FOR BID (IFB) NOTICE
TBPC Project No. 03-001-771
Project Name: Warehouse 1100 W. 45th Street, Austin, Texas For the Texas
School for the Blind and Visually Impaired
Sealed Bids for this project will be received until
3:00 P.M., June 23, 2003, at the Bid Room, Room No. 180, 1711 San Jacinto,
Austin, TX 78701.
See the IFB for other delivery choices.
Plans and specifications may be obtained from the Architect, Marmon Mok,
700 N. St. Mary's, Suite 1600, San Antonio, Texas 78205, Phone (210) 223-9492,
Fax (210) 223-2582 for a deposit of $30.00, refundable upon return of a complete,
unmarked set(s).
A mandatory (must attend and sign in) Pre-Bid Conference will be held at
the Texas School for the Blind and Visually Impaired campus, 1100 West 45th
Street, Building 500, Room 153, Austin, Texas, at 10:00 a.m., Monday, June
2, 2003. The TBPC will reject Bids submitted by firms that did not attend
the mandatory Pre-Bid Conference.
Only bids submitted on the official CONTRACTOR'S BID FORM found in the
Project Manual will be accepted.
The IFB may be obtained by contacting TBPC Internal Procurement, Attn:
Deborah Norwood (Fax: 512-463-3360),
deborah.norwood@tbpc.state.tx.us
or through the Electronic State Business Daily at:
http://esbd.tbpc.state.tx.us/1380/bid_show.cfm?bidid=47439
No oral explanation in regard to the meaning of the Drawings and Specifications
will be made and no oral instructions will be given before the award of the
Contract. Discrepancies, omissions or doubts as to the meaning of Drawings
and Specifications and all communications concerning the project shall be
communicated in writing to the Deborah Norwood via fax at (512) 463-3360 or
via email at
deborah.norwood@tbpc.state.tx.us
for
interpretation. Bidders should act promptly and allow sufficient time for
a reply to reach them before the submission of their Bids. Any interpretation
made will be in the form of an addendum to the Specifications, which will
be forwarded to all known Bidders and its receipt by the Bidder shall be acknowledged
on the Contractor's Bid Form or on the face of the Addendum and returned with
the bid.
TRD-200303199
Cindy deRoch
General Counsel
Texas Building and Procurement Commission
Filed: May 23, 2003
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 deemed administratively complete
for the following projects during the period of May 9, 2003, through May 15,
2003. The public comment period for these projects will close at 5:00 p.m.
on June 20, 2003.
FEDERAL AGENCY ACTIONS:
Applicant: Wayne Harper; Location: The project is located approximately
13.3 miles southeast of the City of Orange, in the Nelda Stark Unit of Bessie
Heights Marsh, north of and contiguous with the Neches River in Orange County,
Texas. The project can be located on the U.S.G.S. quadrangle map entitled:
Orangefield, Texas. Approximate UTM Coordinates: Zone 15; Easting: 408598;
Northing: 3323818. Project Description: A Public Notice for this proposal
was originally published on May 28, 2002. The current notice is for revisions
to the project plans and mitigation plan. The applicant requests authorization
to retain approximately 0.52 acre of fill material that was placed into open
waters of Bessie Heights Marsh without a Department of the Army permit. The
applicant also proposes to place an additional 0.80-acre of fill on the site
to create a pad site for oil and gas drilling operations. The existing and
proposed fills are necessary to drill and produce the Stark No. 16 Well. If
the Well is successful, the applicant will reduce the size of the production
pad to 160-feet by 180-feet. If the well is nonproductive, the access road
and drill site will be graded to marsh elevation and the excess material spread
in a manner conducive to the establishment of emergent marsh. The site will
then be planted with marsh species. CCC Project No.: 03-0142-F1; Type of Application:
U.S.A.C.E. permit application #22684 (Rev.) is being evaluated under §10
of the Rivers and Harbors Act of 1899 (33 U.S.C.A. §403) and §404
of the Clean Water Act (33 U.S.C.A. §125-1387). NOTE: The consistency
review for this project may be conducted by Texas Railroad Commission as part
of its certification under §401 of the Clean Water Act.
Applicant: Mark Foster; Location: The project is located on the south side
of Bayshore Drive approximately 200 yards before the road dead-ends. The project
can be located on the U.S.G.S. quadrangle map entitled: Port Ingleside, Texas.
Approximate UTM Coordinates: Zone 14; Easting: 675731; Northing: 3078631.
Project Description: The applicant proposes to construct a bulkhead with riprap
in front of it and place fill behind it to reclaim property. The bulkhead
and fill would extend 76 feet into the bay from the existing west property
line and 56 feet out from the east property line. The property is 206 feet
wide. The applicant proposes to place approximately 152 cubic yards of fill
below the plane of the MHT line and cover an area of approximately 4,100 square
feet. Water depth in the proposed fill area was observed to be an average
of -1.0 ft. MHT by a USACE official. Seagrasses have been observed near the
proposed fill area but not in the area itself. CCC Project No.: 03-0145-F1;
Type of Application: U.S.A.C.E. permit application #22994 is being evaluated
under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. §403)
and §404 of the Clean Water Act (33 U.S.C.A. §125-1387). NOTE: The
consistency review for this project may be conducted by the Texas Commission
on Environmental Quality as part of its certification under §401 of the
Clean Water Act.
Applicant: Aransas County Navigation District; Location: The project is
located on the Aransas Bay beach at the Rockport Beach Park in Rockport, Aransas
County, Texas 78578. The project can be located on the U.S.G.S. quadrangle
map entitled: Rockport, Texas. Approximate UTM Coordinates: Beginning on the
north end; Zone 14; Easting: 693481; Northing: 3101989. Ending on the south
end; Zone 14; Easting: 692282; Northing: 3101420. Project Description: The
applicant proposes to renourish approximately 4,800 feet of shoreline along
the beach in front of Rockport Beach Park by placing clean sand approximately
100 feet seaward of the high, high tide (HHT) line. This results in placement
of 15,530 yds
3
of fill below the plane of the
HHT. The applicant proposes to use approximately 750 yds
3
of material that was previously dredged from Leggett Channel and
is stockpiled on site. The remainder of the sand would come from onshore sources
and would be brought to the site via trucks or barges, depending on the supplier.
The entire project would involve placement of approximately 40,250 yds
Applicant: Forest Oil Corporation; Location: The project will originate
in and/or through Blocks 52 and 53, High Island Area, OCS Federal Waters,
Gulf of Mexico, Offshore, Texas. Project Description: Forest Oil and Gas Company
has submitted to Minerals Management Service (MMS) an application for a Right-of-Way
(ROW) pipeline for the construction, maintenance and operation of a 6-5/8"
natural gas and condensate pipeline, 18,560 feet in length, to be installed
in Lease, OCS-G-0509, Block 53, High Island Area, Offshore, Texas. The pipeline
will be used to transport natural gas and condensate from Forest Oil Corporation's
proposed Caisson (to be installed over Well No. 2A) in High Island Block 53
to energy Resources Technology's (ERT) High Island Block 52 "A" platform.
CCC Project No.: 03-0152-F1; Type of Application: Pipeline ROW Application
according to MMS Notice to Lessees No. 2002-G15 issued effective December
20, 2002 and in compliance with 15 CFR 930.
Applicant: Subsea 7; Location: The project is located north and parallel
to Seawolf Parkway on Pelican Island and in the Galveston Ship Channel, adjacent
to Galveston Bay, Galveston, Galveston County, Texas. The project can be located
on the U.S.G.S. quadrangle map entitled: Galveston, Texas. Approximate UTM
Coordinates: Zone 15; Easting: 325000; Northing: 3245000. Project Description:
The applicant proposes to fill 4.58 acres of jurisdictional, adjacent freshwater
wetlands with 7,630 cubic yards of fill material and concrete for the construction
of a pipe fabrication plant. Additional, the applicant proposes to hydraulically
dredge 4,500 cubic yards (0.79 acre) of waters of the U.S. within the Galveston
Ship Channel to a depth of -30 feet mean sea level for the construction of
a loading dock. A total of 4,500 cubic yards of material will be hydraulically
dredged from the Galveston Ship Channel and placed within the Corps of Engineers
San Jacinto Disposal Area on Galveston Island. The applicant also proposes
to place fill into 0.47-acre of non-jurisdictional wetlands. CCC Project No.:
03-0157-F1; Type of Application: U.S.A.C.E. permit application #23017 is being
evaluated under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. §403)
and §404 of the Clean Water Act (33 U.S.C.A. §125-1387). NOTE: The
consistency review for this project may be conducted by the Texas Commission
on Environmental Quality as part of its certification under §401 of the
Clean Water Act.
Applicant: Rutherford Oil Corporation; Location: The project is located
approximately 3.2 miles northwest of Rollover Pass in State Tract 180, NE/2,
East Galveston Bay, Galveston County, Texas. The project can be located on
the U.S.G.S. quadrangle map entitled; Frozen Point, Texas. Approximate UTM
Coordinates: Zone 15; Easting: 350,346.577; Northing: 3,268,238.697. Project
Description: The applicant proposes to install, operate, and maintain structures
and equipment necessary for oil and gas drilling, production, and transportation
activities. Such activities include installation of a marine barge rig, three
wellheads, three well protectors, 15- by 20-foot production platform, mooring
piles and appurtenant structures and equipment necessary to conduct oil and
gas drilling and production operations. No dredging would be required for
this project; however, flowlines will be buried three feet below the mud line
by trenching. The water depth of East Galveston Bay at the proposed well locations
is minus 5 feet mean low tide. The exact layout and location of structures
and flowlines in relation to the wells is conceptual. Therefore, all the work
would be performed within a 600-foot radius of the proposed well coordinates
for Well Number 3. No oysters or reefs are located within a 600-foot radius
of the proposed well locations. A soft mud bottom was found throughout the
work area. In the event the wells produce, sales/transport pipelines would
be reviewed individually. CCC Project No.: 03-0158-F1; Type of Application:
U.S.A.C.E. permit application #23031 is being evaluated under §10 of
the Rivers and Harbors Act of 1899 (33 U.S.C.A. §403) and §404 of
the Clean Water Act (33 U.S.C.A. §125-1387). NOTE: The consistency review
for this project may be conducted by the Texas Railroad Commission as part
of its certification under §401 of the Clean Water Act.
Applicant: City of Baytown; Location: The project is located in Tabbs Bayou,
near the mouth of Goose Creek, at the State Highway 146 and Missouri Street
intersection, east of the Fred Hartman Bridge, on the northern shore of the
Houston Ship Channel, in Baytown, Harris County, Texas. The project can be
located on the U.S.G.S. quadrangle map entitled: Morgan's Point, Texas. Approximate
UTM Coordinates: Zone 15; Easting: 307075; Northing: 3287978. Project Description:
The applicant proposes to amend Permit Number 18176(03) to include the dredging
of a total of 7,500 cubic yards of sediment out of the Bayland Park Marina
and Tabbs Bayou and to replace wood piling channel markers as needed. The
proposed dredging located within the marina, Area E, will cover approximately
7.90 acres. The proposed dredging located along the marina channel, Area D,
and the boat channel through Tabbs Bayou to Goose Creek, Areas A, B, &
C, will cover approximately 4.72 acres. This is a total of 12.62 acres of
dredge area. The applicant proposes to place the dredge material in two containment
areas. To contain the dredge material, these areas will have 24-foot high
earthen berms. Combined, the placement areas will be able to hold 7,500 cubic
yards of dredge material. The applicant has performed soil testing within
the dredged area. CCC Project No.: 03-0159-F1; Type of Application: U.S.A.C.E.
permit application #18176(04) is being evaluated under §10 of the Rivers
and Harbors Act of 1899 (33 U.S.C.A. §403).
Applicant: Motiva Enterprises; Location: The project is located at the
Motiva Port Arthur Terminal, in the Port Arthur Ship Channel/Turning Basin,
approximately 1/2 mile south of the Martin Luther King Bridge, in Port Arthur,
Jefferson County, Texas. The project can be located on the U.S.G.S. quadrangle
map entitled: Port Arthur South, Texas. Approximate UTM Coordinates: Zone
15; Easting: 407288; Northing: 3300120. Project Description: The applicant
proposes to rehabilitate their existing Berth #2. The existing timber dock
and piles will be removed along with the existing breasting dolphins and timber
bulkhead. The rehabilitation work will include new mooring and breasting structures,
a dock platform, marine loading arms, gangway platform, an approach way, and
a pipe rack. New concrete articulating mat for shoreline stabilization is
being evaluated for authorization under Nationwide Permit (NWP) 13 for shoreline
stabilization. The fender line of the proposed dock rehabilitation project
will not extend any further waterward than the existing dock and fender line.
CCC Project No.: 03-0160-F1; Type of Application: U.S.A.C.E. permit application
#18632(03) is being evaluated under §10 of the Rivers and Harbors Act
of 1899 (33 U.S.C.A. §403).
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 on the applications listed above may be obtained from
Ms. Diane P. Garcia, Council Secretary, Coastal Coordination Council, P.O.
Box 12873, Austin, Texas 78711-2873, 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-200303179
Larry L. Laine
Chief Clerk/Deputy Land Commissioner, General Land Office
Coastal Coordination Council
Filed: May 21, 2003
Notice of Request for Proposals
Pursuant to Chapter 2254, Subchapter B, and Sections 403.011 and 403.020,
Texas Government Code, the Comptroller of Public Accounts (Comptroller) announces
the issuance of a Request for Proposals (RFP #156a) from qualified, independent
firms to provide consulting services to Comptroller. The successful respondent
will assist Comptroller in conducting a management and performance review
of the Marble Falls Independent School District (Marble Falls ISD). Comptroller
reserves the right, in its sole discretion, to award one or more contracts
for a review of the Marble Falls ISD included in this RFP. The successful
respondent(s) will be expected to begin performance of the contract or contracts,
if any, on or about August 4, 2003.
Contact: Parties interested in submitting a proposal should contact Clay
Harris, Assistant General Counsel, Contracts, Comptroller of Public Accounts,
111 E. 17th St., ROOM G-24, Austin, Texas, 78774, telephone number: (512)
305-8673, to obtain a copy of the RFP. Comptroller will mail copies of the
RFP only to those specifically requesting a copy. The RFP was made available
for pick-up at the above-referenced address on Friday, June 6, 2003, between
10 a.m. and 5 p.m., Central Zone Time (CZT), and during normal business hours
thereafter. Comptroller also made the complete RFP available electronically
on the Texas Marketplace at: http://esbd.tbpc.state.tx.us after 10 a.m. (CZT)
on Friday, June 6, 2003.
Mandatory Letters of Intent and Questions: All Mandatory Letters of Intent
and questions regarding the RFP must be sent via facsimile to Mr. Harris at:
(512) 475-0973, not later than 2:00 p.m. (CZT), on Monday, June 23, 2003.
Official responses to questions received by the foregoing deadline will be
posted electronically on the Texas Marketplace no later than June 25, 2003,
or as soon thereafter as practical. Mandatory Letters of Intent received after
the 2:00 p.m., June 23rd deadline will not be considered. Respondents shall
be solely responsible for confirming the timely receipt of Mandatory Letters
of Intent to propose.
Closing Date: Proposals must be received in Assistant General Counsel's
Office at the address specified above (ROOM G-24) no later than 2 p.m. (CZT),
on Wednesday, July 2, 2003. Proposals received after this time and date will
not be considered. Proposals will not be accepted from respondents that do
not submit mandatory letters of intent by the June 23, 2003, deadline. Respondents
shall be solely responsible for confirming the timely receipt of proposals.
Evaluation and Award Procedure: All proposals will be subject to evaluation
by a committee based on the evaluation criteria and procedures set forth in
the RFP. Comptroller will make the final decision regarding the award of a
contract or contracts. Comptroller reserves the right to award one or more
contracts under this RFP.
Comptroller reserves the right to accept or reject any or all proposals
submitted. Comptroller is under no legal or other obligation to execute any
contracts on the basis of this notice or the distribution of any RFP. Comptroller
shall not pay for any costs incurred by any entity in responding to this Notice
or the RFP.
The anticipated schedule of events is as follows: Issuance of RFP - June
6, 2003, 10 a.m. CZT; All Mandatory Letters of Intent and Questions Due -
June 23, 2003, 2 p.m. CZT; Official Responses to Questions Posted - June 25,
2003, or as soon thereafter as practical; Proposals Due - July 2, 2003, 2
p.m. CZT; Contract Execution - July 29, 2003, or as soon thereafter as practical;
Commencement of Project Activities - August 4, 2003.
TRD-200303260
Pamela Ponder
Deputy General Counsel for Contracts
Comptroller of Public Accounts
Filed: May 28, 2003
Certification of Court Reporters
Following the examination of applicants on April 25, 2003, the Texas Court
Reporters Certification Board certified to the Supreme Court of Texas the
following individuals who are qualified in the method indicated to practice
shorthand reporting pursuant to Chapter 52 of the Texas Government Code, V.T.C.A.:
MACHINE SHORTHAND: TOYLORIA O'JON- HOUSTON, TX; EMILY PARISH- ALVIN, TX;
JOHN BOVERIE- BORGER, TX; and MARCELINE NOBLE- LOS ANGELES, CA.
Following the examination of applicants on April 25, 2003, the Texas Court
Reporters Certification Board certified to the Supreme Court of Texas the
following individuals who are qualified in the method indicated to practice
shorthand reporting pursuant to Chapter 52 of the Texas Government Code, V.T.C.A.:
ORAL STENOGRAPHY: CRYSTAL PAYNE- GRAND PRAIRIE, TX; ANNE MEDRANO- SAN ANTONIO,
TX; SONIA ESCOCHEA- SCHERTZ, TX; and RICHARD BALLARD- FT. WORTH, TX.
TRD-200303197
Sheryl Jones
Director of Administration
Court Reporters Certification Board
Filed: May 23, 2003
Enforcement Orders
An agreed order was entered regarding Young Brothers, Inc, Contractors,
Docket No. 2001- 0484-MSW-E on May 16, 2003 assessing $14,000 in administrative
penalties.
Information concerning any aspect of this order may be obtained by contacting
Carl Schnitz, Enforcement Coordinator at (512)239-1892, Texas Commission on
Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Nutro Products Corporation, Docket
No. 2000-1374- IHW-E on May 16, 2003 assessing $143,000 in administrative
penalties with $142,400 deferred.
Information concerning any aspect of this order may be obtained by contacting
Sandy Van Cleave, Enforcement Coordinator at (512)239-0667, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Everest Exploration, Incorporated,
Docket No. 2001- 0828-UIC-E on May 16, 2003 assessing $41,500 in administrative
penalties with $40,900 deferred.
Information concerning any aspect of this order may be obtained by contacting
Sheila Smith, Enforcement Coordinator at (512)239-1670, Texas Commission on
Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Howletts Inc Dba Kwik Way Ii, Docket
No. 2001-0452- PST-E on May 16, 2003 assessing $7,500 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Stacey Young, Enforcement Coordinator at (512)239-1899, Texas Commission on
Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
A default order was entered regarding APM Enterprises, Inc. dba Al's Corner
Store, Docket No. 2001-1483-PST-E on May 16, 2003 assessing $4,000 in administrative
penalties.
Information concerning any aspect of this order may be obtained by contacting
Sandy Van Cleave, Enforcement Coordinator at (512)239-0667, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
A default order was entered regarding Proton PRC Ltd., Docket No. 2002-0557-PST-E
on May 16, 2003 assessing $1,000 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Merrilee Gerberding, Enforcement Coordinator at (512)394-4490, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Hardin Independent School District,
Docket No. 2002- 0493-MWD-E on May 16, 2003 assessing $8,750 in administrative
penalties.
Information concerning any aspect of this order may be obtained by contacting
Trina Grieco, Enforcement Coordinator at (713)767-3607, Texas Commission on
Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
A default order was entered regarding Faye Smien dba Linda's Quick Stop,
Docket No. 2002- 0841-PST-E on May 16, 2003 assessing $9,975 in administrative
penalties.
Information concerning any aspect of this order may be obtained by contacting
Sandy Van Cleave, Enforcement Coordinator at (512)239-0667, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Magic Valley Roofing & Construction
Company, Incorporated, Docket No. 2002-1058-MSW-E on May 16, 2003 assessing
$1,875 in administrative penalties with $375 deferred.
Information concerning any aspect of this order may be obtained by contacting
Jaime Garza, Enforcement Coordinator at (956)430-6030, Texas Commission on
Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding United Petroleum Transports Inc.,
Docket No. 2002- 0619-PST-E on May 16, 2003 assessing $2,000 in administrative
penalties with $400 deferred.
Information concerning any aspect of this order may be obtained by contacting
Judy Fox, Enforcement Coordinator at (817)588-5825, Texas Commission on Environmental
Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Juan J. Mendez dba Big John's Muffler
Shop, Docket No. 2002-1107-AIR-E on May 16, 2003 assessing $450 in administrative
penalties with $90 deferred.
Information concerning any aspect of this order may be obtained by contacting
Wendy Cooper, Enforcement Coordinator at (817)588-5812, Texas Commission on
Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Al-Kel Alliance, Incorporated, Docket
No. 2002-0932- MLM-E on May 16, 2003 assessing $10,925 in administrative penalties
with $2,185 deferred.
Information concerning any aspect of this order may be obtained by contacting
Jorge Ibarra, Enforcement Coordinator at (817)588-5890, Texas Commission on
Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Rolando Zamora dba D & D Waste
Oil Services, Docket No. 2002-1132-MSW-E on May 16, 2003 assessing $10,455
in administrative penalties with $2,091 deferred.
Information concerning any aspect of this order may be obtained by contacting
Jaime Garza, Enforcement Coordinator at (956)430-6030, Texas Commission on
Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding D & K Development Corporation,
Docket No. 2002- 0523-MWD-E on May 16, 2003 assessing $18,150 in administrative
penalties with $17,550 deferred.
Information concerning any aspect of this order may be obtained by contacting
Jorge Ibarra, Enforcement Coordinator at (817)588-5890, Texas Commission on
Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Faurie's Food and Fuel, Incorporated,
Docket No. 2002- 0195-PWS-E on May 16, 2003 assessing $4,100 in administrative
penalties with $820 deferred.
Information concerning any aspect of this order may be obtained by contacting
Lawrence King, Enforcement Coordinator at (512)239-7037, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Motiva Enterprises, L.L.C., Docket
No. 2002-0892-AIR- E on May 16, 2003 assessing $33,900 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Laura Clark, Enforcement Coordinator at (409)899-8760, Texas Commission on
Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding City of Sanger, Docket No. 2002-0705-MWD-E
on May 16, 2003 assessing $5,400 in administrative penalties with $1,080 deferred.
Information concerning any aspect of this order may be obtained by contacting
Wendy Cooper, Enforcement Coordinator at (817)588-5867, Texas Commission on
Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Pablo Rubio dba Rubio Bro's, Docket
No. 2002-1019- MSW-E on May 16, 2003 assessing $2,500 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Sandra Alanis, Enforcement Coordinator at (956)430-6044, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Morgan Oil Company, Docket No. 2002-0338-PST-E
on May 16, 2003 assessing $19,000 in administrative penalties with $3,800
deferred.
Information concerning any aspect of this order may be obtained by contacting
John Barry, Enforcement Coordinator at (409)899-8781, Texas Commission on
Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Pulak Barua dba Sunshine Food Mart,
Docket No. 2002- 0516-PST-E on May 16, 2003 assessing $12,000 in administrative
penalties with $11,400 deferred.
Information concerning any aspect of this order may be obtained by contacting
Wendy Cooper, Enforcement Coordinator at (817)588-5867, Texas Commission on
Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Pecan's Restaurant and Bar, Inc.,
Docket No. 2002-1081- PWS-E on May 16, 2003 assessing $3,175 in administrative
penalties.
Information concerning any aspect of this order may be obtained by contacting
Kent Heath, Enforcement Coordinator at (512)239-4575, Texas Commission on
Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Oak Ridge Water Supply Corporation,
Docket No. 2002- 0675-PWS-E on May 16, 2003 assessing $1,625 in administrative
penalties.
Information concerning any aspect of this order may be obtained by contacting
Lawrence King, Enforcement Coordinator at (512)339-2929, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
TRD-200303255
LaDonna Castañuela
Chief Clerk
Texas Commission on Environmental Quality
Filed: May 27, 2003
The Texas Commission on Environmental Quality (TCEQ or commission) staff
is providing an opportunity for written public comment on the listed Default
Orders (DOs). The commission 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 (ED) of the commission in accordance
with 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 7, 2003
. The commission will consider any written comments received
and the commission may withdraw or withhold approval of a DO if a comment
discloses facts or considerations that indicate a proposed DO is inappropriate,
improper, inadequate, or inconsistent with the requirements of the statutes
and rules within the commission's jurisdiction, or orders and permits issued
in accordance with the commission's regulatory authority. Additional notice
of changes to a proposed DO is not required to be published if those changes
are made in response to written comments.
A copy of each proposed DO is available for public inspection at both the
commission'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 commission'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 7, 2003
. Comments may also be sent by facsimile
machine to the attorney at (512) 239-3434. The commission's 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 commission
in
writing
.
(1) COMPANY: ABF, Inc. dba Clearwater Distribution; DOCKET NUMBER: 2002-0374-PWS-E;
TCEQ ID NUMBER: 1020063; LOCATION: 4.7 miles east of the intersection of Farm-to-Market
(FM) 449 and FM 450, Hallsville, Harrison County, Texas; TYPE OF FACILITY:
public water supply; RULES VIOLATED: 30 TAC §290.45(b)(1)(C)(iv), and
Texas Health and Safety Code (THSC), §341.0315, by failing to meet the
minimum water system capacity requirements by not providing a pressure tank
with a capacity of 20 gallons per connection; and 30 TAC §290.46, by
failing to maintain proper maintenance and housekeeping practices to ensure
the good working condition and general appearance of the system's facilities
and equipment; PENALTY: $125; STAFF ATTORNEY: Troy Nelson, Litigation Division,
MC R-5, (903) 525-0380; REGIONAL OFFICE: Tyler Regional Office, 2916 Teague
Drive, Tyler, Texas 75701-3756, (903) 535-5100.
(2) COMPANY: Calderon Enterprises, Inc.; DOCKET NUMBER: 2001-0336-PST-E;
TCEQ ID NUMBER: 0015578; LOCATION: 4710 South Buckner, Dallas, Dallas County,
Texas; TYPE OF FACILITY: store with retail sales of gasoline; RULES VIOLATED:
30 TAC §115.245(3) and THSC, §382.085(b), by failing to conduct
testing of the full Stage II vapor recovery system every five years; 30 TAC §115.248(2)
and THSC, §382.085(b), by failing to have a trained representative in
the operation and maintenance of the Stage II vapor recovery system; and 30
TAC §334.21, by failing to pay the underground storage tank (UST) fees;
PENALTY: $4,000; STAFF ATTORNEY: Shannon Strong, Litigation Division, MC 175,
(512) 239-6201; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2301 Gravel
Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(3) COMPANY: Don Scogin dba Scogin Service; DOCKET NUMBER: 1999-1162-PST-E;
TCEQ ID NUMBER: 5061; LOCATION: 123 Ocean Boulevard, Los Fresnos, Cameron
County, Texas; TYPE OF FACILITY: underground storage tanks; RULES VIOLATED:
30 TAC §334.21, by failing to pay outstanding UST fees; PENALTY: $1,250;
STAFF ATTORNEY: Bethany Badeaux, Litigation Division, MC 175, (512) 239-3426;
REGIONAL OFFICE: Harlingen Regional Office, 1804 West Jefferson Avenue, Harlingen,
Texas 78550-5247, (956) 425-6010.
(4) COMPANY: Insignia, Inc.; DOCKET NUMBER: 2002-0363-IHW-E; TCEQ ID NUMBER:
84329; LOCATION: 1933 Interstate Highway 35 East, New Braunfels, Comal County,
Texas; TYPE OF FACILITY: sign manufacturing; RULES VIOLATED: 30 TAC §335.69(h)
and 40 Code of Federal Regulations (CFR) §262.34(f), by failing to maintain
less that 6,000 kilograms of hazardous waste on- site and failing to comply
with the 180-day accumulation time limit for a small quantity generator as
required for operating a hazardous waste storage facility without a permit;
30 TAC §335.62 and 40 CFR §262.11, by failing to conduct hazardous
waste determinations on the waste streams; 30 TAC §335.6(a) and (c),
by failing to update the notice of registration with appropriate generator
status and a list of all waste streams, waste management units, recycling
activities, and waste streams of contaminated soil; 30 TAC §335.4, by
failing to investigate and remediate unauthorized discharges; 30 TAC §335.9(a)(2),
by failing to submit annual waste summaries; 30 TAC §335.69(f)(4)(A)
and 40 CFR §262.34(d)(2), by failing to write accumulation start dates
and label the words "hazardous waste" on containers of hazardous waste; and
30 TAC §335.69(f)(2) and 40 CFR §265.173(a), by failing to keep
containers of hazardous waste closed; PENALTY: $36,300; STAFF ATTORNEY: Rebecca
Nash Petty, Litigation Division, MC 175, (512) 239-3693; REGIONAL OFFICE:
San Antonio Regional Office, 14250 Judson Road, San Antonio, Texas 78233-4480,
(210) 490-3096.
(5) COMPANY: Joe Ledbetter dba Joe's Auto Body; DOCKET NUMBER: 2002-0104-AIR-E;
TCEQ ID NUMBER: DB-5047-J; LOCATION: 15293 Addison Road, Addison, Dallas County,
Texas; TYPE OF FACILITY: auto body shop; RULES VIOLATED: 30 TAC §106.436(3)
and THSC, §382.085(b), by failing to keep all liquid waste in covered
containers prior to disposal; 30 TAC §106.436(7) and THSC, §382.085(b),
by failing to have all paint booth, spray area, and preparation area overspray
filters or filter system with a particulate control efficiency of at least
90%; 30 TAC §106.436(8) and THSC, §382.085(b), by failing to use
high transfer efficiency coating application equipment; 30 TAC §106.436(9)(B)
and THSC, §382.085(b), by failing to minimize clean up emissions by keeping
all wash solvents stored in an enclosed reservoir that is covered at all times;
30 TAC §106.436(11)(B) and THSC, §382.085(b), by failing to have
a stack 1.2 times the height of the body shop for the spray area, spray booth,
and preparation area; 30 TAC §106.436(16) and THSC, §382.085(b),
by failing to keep material safety data sheet records for a consecutive 24-month
period and available for inspection upon request from commission personnel
or any other air pollution control agency with jurisdiction; 30 TAC §115.422(1)(B)
and THSC, §382.085(b), by failing to minimize volatile organic compound
emissions during clean-up by utilizing an enclosed reservoir that is covered
at all times; 30 TAC §115.422(2) and THSC, §382.085(b), by failing
to use coating application equipment with a transfer efficiency of at least
65%; and 30 TAC §115.426(1) and THSC, §382.085(b), by failing to
maintain and keep material safety data sheets which document the volatile
organic compound content and other relevant information regarding the coating
used in surface coating operations and the type of quantity used; PENALTY:
$13,125; STAFF ATTORNEY: Benjamin Joseph de Leon, Litigation Division, MC
175, (512) 239-6939; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2301
Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(6) COMPANY: Rowntree Cattle Company, L.L.C.; DOCKET NUMBER: 2001-0821-AGR-E;
TCEQ ID NUMBER: none; LOCATION: 233 Private Road 1479, Hico, Erath County,
Texas; TYPE OF FACILITY: dairy; RULES VIOLATED: 30 TAC §321.31(a) and §321.39(f)(24)(D),
and TWC, §26.121(a), by failing to prevent unauthorized discharges from
the stock tank and from the waste storage pond; 30 TAC §321.31(a) and §321.39(f)(24)(D),
and TWC, §26.121(a), by failing to prevent unauthorized discharges from
the wastewater transfer pipe; 30 TAC §321.42(a), by failing to notify
the TCEQ in writing within 14 working days of the unauthorized discharges;
and 30 TAC §321.40(11), by failing to properly dispose of dead animals
to prevent contamination of waters in the state, creation of a nuisance, or
a public health hazard; PENALTY: $14,700; STAFF ATTORNEY: Rebecca Nash Petty,
Litigation Division, MC 175, (512) 239-3693; REGIONAL OFFICE: Dallas-Fort
Worth Regional Office, 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817)
588-5800.
TRD-200303249
Paul C. Sarahan
Director, Litigation Division
Texas Commission on Environmental Quality
Filed: May 27, 2003
The Texas Commission on Environmental Quality (TCEQ or commission) staff
is providing an opportunity for written public comment on the listed Agreed
Orders (AOs) in accordance with 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 7, 2003
. 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 commission's orders and permits issued in accordance
with the commission's regulatory authority. Additional notice of changes to
a proposed AO is not required to be published if those changes are made in
response to written comments.
A copy of each proposed AO is available for public inspection at both the
commission's central office, located at 12100 Park 35 Circle, Building A,
3rd Floor, Austin, Texas 78753, (512) 239-3400 and at the applicable regional
office listed as follows. Comments about an AO should be sent to the attorney
designated for the AO at the commission'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 7, 2003
. Comments may also be sent by facsimile
machine to the attorney at (512) 239-3434. The designated attorney is available
to discuss the AO and/or the comment procedure at the listed phone number;
however, §7.075 provides that comments on an AO should be submitted to
the commission in
writing
.
(1) COMPANY: A. D. Stenger dba Ridgewood Village Water System; DOCKET NUMBER:
2001- 0138-PWS-E; TCEQ ID NUMBER: 2270015; LOCATION: Sugar Creek Drive, 100
feet north of Gentry Avenue, Austin, Travis County, Texas; TYPE OF FACILITY:
public water supply; RULES VIOLATED: 30 TAC §290.41(c)(1)(F), by failing
to secure a sanitary control easement covering all property within 150 feet
of the well; and 30 TAC §290.44(d)(5), by failing to provide sufficient
valves on all dead-end mains so that flushing of the system can be accomplished
as required; PENALTY: $800; STAFF ATTORNEY: Darren Ream, Litigation Division,
MC R-4, (817) 588-5878; REGIONAL OFFICE: Austin Regional Office, 1921 Cedar
Bend Drive, Suite 150, Austin, Texas 78758-5336, (512) 339-2929.
(2) COMPANY: Allen Watts dba Lago Vista Water Supply; DOCKET NUMBER: 2002-0848-
PWS-E; TCEQ ID NUMBER: 0940029; LOCATION: Highway 80 South, two miles south
of Luling, Guadalupe County, Texas; TYPE OF FACILITY: public water supply;
RULES VIOLATED: 30 TAC §290.117(c), by failing to collect and submit
tap samples for lead/copper analysis; TCEQ Default Findings Order Docket Number
1998-1105-PWS-E, Ordering Provision 1, by failing to pay administrative penalties
as required by the Commission Order; and 30 TAC §290.51, by failing to
pay the public health service fees; PENALTY: $5,156; STAFF ATTORNEY: Laurencia
Fasoyiro, Litigation Division, MC R-12, (713) 422-8914; REGIONAL OFFICE: San
Antonio Regional Office, 14250 Judson Road, San Antonio, Texas 78233-4480,
(210) 490-3096.
(3) COMPANY: BASF Corporation; DOCKET NUMBER: 2001-0008-AIR-E; TCEQ ID
NUMBER: BL-0021-O; LOCATION: 602 Copper Road, Freeport, Brazoria County, Texas;
TYPE OF FACILITY: petrochemical plant; RULES VIOLATED: 30 TAC §101.6
and Texas Health and Safety Code (THSC), §382.085(b), by failing to submit
notifications of upsets; 30 TAC §116.115(b)(2)(G), TCEQ Air Quality Permit
1733A, and THSC, §382.085(b), by failing to comply with the permitted
nitrogen oxide limits and exceeding the permitted hourly rates for nitrogen
oxides, and 30 TAC §335.323, by failing to pay outstanding hazardous
waste generation fees and non-hazardous waste generation fees; PENALTY: $87,500;
STAFF ATTORNEY: Lisa Lemanczyk, Litigation Division, MC 175, (512) 239-5915;
REGIONAL OFFICE: Houston Regional Office, 5425 Polk Avenue, Suite H, Houston,
Texas 77023-1486, (713) 767-3500.
(4) COMPANY: Blue Dolphin Pipe Line Company; DOCKET NUMBER: 2002-1022-AIR-E;
TCEQ ID NUMBER: BL-0421-R; LOCATION: 2834 East Highway 332, Freeport, Brazoria
County, Texas; TYPE OF FACILITY: oil and gas production; RULES VIOLATED: 30
TAC §112.146(2), and THSC, §382.085(b), by failing to submit an
annual compliance certification within 30 days after the end of the certification
period; 30 TAC §112.145(2)(B), and THSC, §382.085(b), by failing
to submit a deviation report within 30 days after the end of the deviation
period; and 30 TAC §122.504(a)(4)(A) and THSC, §382.085(b), by failing
to submit an application, as a result of the revision of the General Operating
Permit Number O-00203 within 45 days after issuance; PENALTY: $6,250; STAFF
ATTORNEY: Benjamin Joseph de Leon, Litigation Division, MC 175, (512) 239-6939;
REGIONAL OFFICE: Houston Regional Office, 5425 Polk Avenue, Suite H, Houston,
Texas 77023- 1486, (713) 767-3500.
(5) COMPANY: Brant-Sta, Inc. dba Max-A-Mart; DOCKET NUMBER: 2001-1065-PST-E;
TCEQ ID NUMBER: 60014; LOCATION: intersection of US Highway 69 and State Highway
19, Emory, Rains County, Texas; TYPE OF FACILITY: retail gasoline service
station; RULES VIOLATED: 30 TAC §334.48(c), by failing to conduct effective
manual or automatic inventory control procedures for all underground storage
tank (UST) systems; PENALTY: $6,750; STAFF ATTORNEY: Lisa Lemanczyk, Litigation
Division, MC 175, (512) 239-5915; REGIONAL OFFICE: Tyler Regional Office,
2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.
(6) COMPANY: The City of Longview; DOCKET NUMBER: 2000-0395-MWD-E; TCEQ
ID NUMBER: 10589-002; LOCATION: approximately 2,500 feet west of the crossing
of Grace Creek by Farm-to-Market Road (FM) 1845, approximately 4,000 feet
south of the intersection of FM 1845 and 2087, Gregg County, Texas; TYPE OF
FACILITY: wastewater treatment; RULES VIOLATED: 30 TAC §305.125(1), TWC, §26.121,
TCEQ Water Quality Permit Number 10589-002, and Interim Effluent Limits and
Monitoring Requirements Number 1, by failing to comply with permitted effluent
limits; 30 TAC §305.125(1) and (9), §319.302(b)(3), and TCEQ Water
Quality Permit Number 10589-002, Monitoring and Reporting Requirements, Noncompliance
Notification Number 7.b., by failing to notify the TCEQ within 24 hours of
becoming aware of a discharge of 100,000 gallons or more of wastewater; and
30 TAC §305.125(1), TWC, §26.121, and TCEQ Water Quality Permit
Number 10589-002, Permit Conditions Number 2.g., by failing to prevent unauthorized
discharges from the lift station; PENALTY: $65,000; STAFF ATTORNEY: Shannon
Strong, Litigation Division, MC 175, (512) 239-6201; REGIONAL OFFICE: Tyler
Regional Office, 2916 Teague Drive, Tyler, Texas 75701- 3756, (903) 535-5100.
(7) COMPANY: Courtney & Company, Inc.; DOCKET NUMBER: 1999-1594-IHW-E;
TCEQ ID NUMBER: 86220; LOCATION: 3828 Highway 1765, Texas City, Galveston
County, Texas; TYPE OF FACILITY: industrial painting and sandblasting operation;
RULES VIOLATED: 30 TAC §335.4 and TWC, §26.121, by causing, suffering,
allowing and/or permitting the collection, handling, storage, processing,
and/or disposal of industrial solid waste; PENALTY: $15,000; STAFF ATTORNEY:
Laurencia Fasoyiro, Litigation Division, MC R-12, (713) 422-8914; REGIONAL
OFFICE: Houston Regional Office, 5425 Polk Avenue, Suite H, Houston, Texas
77023-1486, (713) 767-3500.
(8) COMPANY: Dr. Pepper Bottling Company of Texas dba Big Red/Seven Up
Bottling Company of South Texas; DOCKET NUMBER: 2001-1156-PST-E; TCEQ ID NUMBER:
47841; LOCATION: 3127 Cabaniss Parkway, Corpus Christi, Nueces County, Texas;
TYPE OF FACILITY: wholesale beverage sales and delivery with a UST; RULES
VIOLATED: 30 TAC §334.8(c)(4)(B) and TWC, §26.346(a), by failing
to obtain a valid, current delivery certificate; 30 TAC §334.8(c)(5)(A)(i)
and TWC, §26.3467(a), by failing to make available to a common carrier
a valid, current TCEQ delivery certificate before accepting delivery of a
regulated substance into the UST; 30 TAC §334.50(b)(2)(A)(i)(III) and
TWC, §26.3475, by failing to test a line leak detector at least once
per year for performance and operational reliability; and 30 TAC §334.50(b)(2)(A)
and TWC, §26.3475, by failing to monitor pressurized piping of the UST
system in a manner designed to detect releases from any portion of the piping
system; PENALTY: $6,500; STAFF ATTORNEY: Rebecca Nash Petty, Litigation Division,
MC 175, (512) 239-3693; REGIONAL OFFICE: Corpus Christi Regional Office, 6300
Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5503, (361) 825-3100.
(9) COMPANY: Lyondell-Citgo Refining, L.P.; DOCKET NUMBER: 2002-1040-AIR-E;
TCEQ ID NUMBER: HG-0048-L; LOCATION: 12000 Lawndale Street, Houston, Harris
County, Texas; TYPE OF FACILITY: petroleum refining; RULES VIOLATED: 30 TAC §101.20(1)
and THSC, §382.085(b), by failing to monitor 368 valves listed in the
benzene toluene unit as being a volatile organic compound service and listed
on the difficult-to-monitor list; PENALTY: $3,350; STAFF ATTORNEY: Benjamin
Joseph de Leon, Litigation Division, MC 175, (512) 239-6939; REGIONAL OFFICE:
Houston Regional Office, 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486,
(713) 767-3500.
(10) COMPANY: Merit Energy Company; DOCKET NUMBER: 2001-0615-AIR-E; TCEQ
ID NUMBER: HG-4368-I; LOCATION: 2414 West Mount Houston Road, Houston, Harris
County, Texas; TYPE OF FACILITY: oil and gas production; RULES VIOLATED: 30
TAC §122.146(1) and (2), and THSC, §382.085(b), by failing to submit
annual compliance certifications within 30 days after the end of the certification
periods; and 30 TAC §122.145(2) and THSC, §382.085(b), by failing
to submit deviation reports; PENALTY: $5,625; STAFF ATTORNEY: Kelly W. Mego,
Litigation Division, MC R-12, (713) 422-8916; REGIONAL OFFICE: Houston Regional
Office, 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(11) COMPANY: Miracles Never Cease, Inc.; DOCKET NUMBER: 2002-0625-AIR-E;
TCEQ ID NUMBER: DB-1171-M; LOCATION: 2710 North Beltline, Irving, Dallas County,
Texas; TYPE OF FACILITY: paint and autobody shop; RULES VIOLATED: 30 TAC §106.436(14), §115.421(a)(8)(B)(i)
and (ix), and THSC, §382.085(b), by failing to meet the requirements
of its permit by rule by exceeding the required volatile organic compound
limits for primer and wipe-down solution; PENALTY: $2,500; STAFF ATTORNEY:
David Speaker, Litigation Division, MC 175, (512) 239-2548; REGIONAL OFFICE:
Dallas-Fort Worth Regional Office, 2301 Gravel Drive, Fort Worth, Texas 76118-6951,
(817) 588-5800.
(12) COMPANY: P.M. Fuel Service, Incorporated; DOCKET NUMBER: 2002-0709-PST-E;
TCEQ ID NUMBER: none; LOCATION: 4503 Gus Thomasson, Mesquite, Dallas County,
Texas; TYPE OF FACILITY: fuel distribution operation; RULES VIOLATED: 30 TAC §334.5(b)(1)(A),
by depositing a regulated substance into a regulated UST system without first
observing that the facility had a valid, current delivery certificate issued
by the TCEQ covering that UST system; PENALTY: $1,000; STAFF ATTORNEY: Robin
Chapman, Litigation Division, MC 175, (512) 239-0497; REGIONAL OFFICE: Dallas-Fort
Worth Regional Office, 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817)
588-5800.
(13) COMPANY: Pilkington's Big Tex, Inc.; DOCKET NUMBER: 2002-0845-PST-E;
TCEQ ID NUMBERS: 11564 and 46789; LOCATIONS: (Big Tex #1) 714 West Highway
190, Belton, Bell County; and (Big Tex #3) 1402 South Highway Boulevard, Belton,
Bell County, Texas; TYPE OF FACILITIES: convenience stores with retail sales
of gasoline; RULES VIOLATED: 30 TAC §334.8(c)(5)(A)(i) and TWC, §26.3467(a),
by failing to make available to the common carrier a valid, current delivery
certificate issued by the agency before delivery of a regulated substance
into each UST system; 30 TAC §334.8(c)(4)(B) and TWC, §26.346(a),
by failing to submit a UST registration and self-certification form in a timely
manner; 30 TAC §334.8(c)(5)(C), by failing to tag, label, or mark all
fill tubs for each regulated UST; and 30 TAC §334.10(b)(1)(B), by failing
to make available the corrosion protection records requested for the UST system;
PENALTY: $600; STAFF ATTORNEY: Troy Nelson, Litigation Division, MC R-5, (903)
525-0380; REGIONAL OFFICE: Waco Regional Office, 6801 Sanger Avenue, Suite
2500, Waco, Texas 76710-7826, (254) 751-0335.
(14) COMPANY: Pilkington's Big Tex Oil Distributors, Inc.; DOCKET NUMBER:
2002-0641- PST-E; TCEQ ID NUMBER: WA00017; LOCATION: 1402 South Highway Boulevard,
Belton, Texas; TYPE OF FACILITY: fuel distributing operation; RULES VIOLATED:
30 TAC §334.5(b)(1)(A), by failing to ensure that the owner or operator
of a regulated UST system has a valid, current delivery certificate issued
by the agency prior to depositing any regulated substance into the UST system;
PENALTY: $600; STAFF ATTORNEY: Troy Nelson, Litigation Division, MC R-5, (903)
525-0380; REGIONAL OFFICE: Waco Regional Office, 6801 Sanger Avenue, Suite
2500, Waco, Texas 76710- 7826, (254) 751-0335.
(15) COMPANY: Proton PRC, LTD.; DOCKET NUMBER: 2002-0057-PST-E; TCEQ ID
NUMBER: none; LOCATION: 2222 West Main, Gun Barrel City, Henderson County,
Texas; TYPE OF FACILITY: underground storage tanks; RULES VIOLATED: 30 TAC §334.5(b)(1)(A),
by failing to observe a valid, current delivery certificate issued by the
TCEQ prior to dispensing gasoline into the UST system; PENALTY: $1,000; STAFF
ATTORNEY: David Speaker, Litigation Division, MC 175, (512) 239-2548; REGIONAL
OFFICE: Tyler Regional Office, 2916 Teague Drive, Tyler, Texas 75701-3756,
(903) 535-5100.
(16) COMPANY: Saba Nassif dba OST Chevron; DOCKET NUMBER: 2001-1010-PST-E;
TCEQ ID NUMBER: 0029293; LOCATION: 4303 Old Spanish Trail, Houston, Harris
County, Texas; TYPE OF FACILITY: grocery store with retail sales of gasoline;
RULES VIOLATED: 30 TAC §37.815(a) and (b), by failing to demonstrate
financial assurance for taking corrective action and for compensating third
parties for bodily injury and property damage caused by accidental releases
arising from the operation of the petroleum USTs; 30 TAC §334.8(c)(4)(B)
and TWC, §26.346(a), by failing to submit a UST registration and a completed
UST self-certification form; and 30 TAC §334.8(c)(5)(A)(I) and TWC, §26.3467(a),
by failing to make available to a common carrier a valid, current TCEQ delivery
certificate before delivery of a regulated substance into the UST system;
PENALTY: $3,500; STAFF ATTORNEY: Troy Nelson, Litigation Division, MC R-5,
(903) 525-0380; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Avenue,
Suite H, Houston, Texas 77023- 1486, (713) 767-3500.
(17) COMPANY: Walter J. Carroll Water Company, Inc.; DOCKET NUMBER: 2001-1379-PWS-
E; TCEQ ID NUMBERS: 0700057, 0700058, 0700063, 0700064, and 11543; LOCATIONS:
(Emerald Forest) five miles west of Interstate 35 on FM 1446, Waxahachie,
Ellis County; (Grande Casa) intersection of Old Maypearl Road and Grande Casa
Street, Waxahachie, Ellis County; (Spanish Grant) 11.4 miles west of Interstate
35 on FM 1446, Waxahachie, Ellis County; and (Lakeview Ranchettes) west edge
of Midlothian, .25 miles west of Highway 67 on Old Fort Worth Road, Waxahachie,
Ellis County, Texas; TYPE OF FACILITIES: public water supply; RULES VIOLATED:
30 TAC §290.46(q), by failing to issue a boil water notice within 24
hours following low distribution pressures or water outages; 30 TAC §290.46(d)(2)(A), §290.110(b)(4)
and (c)(5)(b), by failing to maintain a residual disinfectant of at least
0.2 milligrams per liter free chlorine in the far reaches of the distribution
system and failing to monitor chlorine residuals in the distribution system
at least once every seven days; 30 TAC §290.41(c)(3)(N), by failing to
provide Well Number 2 with a flow measuring device to measure production yields
and provide for the accumulation of water production data; 30 TAC §290.42(i),
by failing to use chemicals which conform to American National Standards Institute/National
Sanitation Foundation (ANSI/NSF) Standard 60 for direct additives and ANSI/NSF
Standard 61 for indirect additives; 30 TAC §290.46(m), by failing to
initiate maintenance and housekeeping practices which ensure the reliability
of the systems' facilities and equipment and failing to repair the cracked
sealing block at Well Number 1; 30 TAC §290.46(j), by failing to complete
a customer service inspection (CSI) certificate prior to providing continuous
water service to new construction or on any existing service when the water
purveyor has reason to believe that cross-connections or other potential contaminant
hazards exist, or after material improvement, correction, or addition to the
private water distribution; 30 TAC §290.46(f)(3)(A)(iii), by failing
to maintain records of the date, location, and nature of water quality, pressure,
or outage complaints received by the system and the results of any subsequent
complaint investigation; 30 TAC §290.41(c)(3)(K), by failing to seal
the well head with gasket or sealing compound to prevent the possibility of
contaminating the well water; 30 TAC §290.41(c)(3)(O), by failing to
protect completed well units by intruder resistant fences, the gates of which
are provided with locks or enclosed in locked, ventilated well houses to exclude
possible contamination or damage to the facilities by trespassers; 30 TAC §290.46(v),
by failing to install the electrical wiring for the wells in a securely mounted
conduit in compliance with a local or national electrical code; 30 TAC §290.43(e),
by failing to enclose the ground storage tank with a properly constructed
intruder-resistant fence; 30 TAC §290.46(m)(1)(A), by failing to ensure
the system's ground storage tank is inspected annually by water system personnel
or a contracted inspection service; 30 TAC §290.46(f)(2), by failing
to maintain records of annual ground storage tank inspections; 30 TAC §290.46(m)(1)(B),
by failing to ensure the system's pressure tank is inspected annually by water
system personnel or a contracted inspection service; 30 TAC §290.46(f)(2),
by failing to maintain records of annual pressure tank inspections; 30 TAC §290.43(c)(6),
by failing to ensure that the ground storage tank was thoroughly tight against
leakage; 30 TAC §290.43(c)(1), by failing to provide the ground storage
tank vent with a 16 mesh or finer screen fabricated of corrosion resistant
material; 30 TAC §290.46(n), by failing to provide an accurate and up-to-date
map of the distribution system so that valves and mains can be easily located
during emergencies; 30 TAC §290.90(a)(1) and (2), by failing to make
all reasonable efforts to prevent interruptions of service and make reasonable
provisions to meet emergencies resulting from failure of service; 30 TAC §290.44(c),
by failing to provide properly sized water line throughout the distribution
system; 30 TAC §290.43(c)(4), by failing to equip the ground storage
tank with a water level indicator; 30 TAC §290.43(d)(3), by failing to
provide the pressure tank with a device for determining the air-water-volume
ratio; 30 TAC §290.44(h), by failing to install a backflow prevention
assembly or have an adequate internal cross- connection control program where
an actual or potential contamination hazard exists; and 30 TAC §290.43(c)(3),
by failing to modify the overflow pipe flap valve assembly on the ground storage
tank to provide no more than a 1/16-inch gap, in strict accordance with the
American Water Works Association; PENALTY: $5,500; STAFF ATTORNEY: Lisa Lemanczyk,
Litigation Division, MC 175, (512) 239-5915; REGIONAL OFFICE: Dallas-Fort
Worth Regional Office, 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817)
588-5800.
TRD-200303250
Paul C. Sarahan
Director, Litigation Division
Texas Commission on Environmental Quality
Filed: May 27, 2003
Notices mailed May 22, 2003 through May 23, 2003.
APPLICATION NO. 14-5434E; Lower Colorado River Authority (LCRA), P.O. Box
220, Austin, Texas 78767-0220, applicant, seeks an amendment to Certificate
of Adjudication No. 14- 5434, as amended, pursuant to 11.122, Texas Water
Code and Texas Commission on Environmental Quality Rules 30 TAC 295.1, et
seq. Certificate of Adjudication No. 14-5434, as amended, authorizes LCRA
to maintain an overflow type structure and a reservoir on the Colorado River,
Colorado River Basin, and temporarily impound therein not to exceed 86 acre-feet
of water in Colorado County. Owner is also authorized to divert and use not
to exceed 133,000 acre-feet of water per annum from a point on the Colorado
river for municipal, industrial, and agricultural purposes in Colorado, Wharton,
Travis, Bastrop, Fayette, and Matagorda Counties within the Colorado River
Basin, Lavaca River Basin, Guadalupe River Basin, Colorado-Lavaca Coastal
Basin, and Brazos-Colorado Coastal Basin at a maximum rate of 600.00 cfs (269,400
gpm). Applicant seeks to amend Certificate of Adjudication No. 14-5434, as
amended, to add additional diversion points both upstream and downstream of
the existing diversion point. Said additional points are currently authorized
in other Certificates owned by LCRA. LRCA requests that the time priority
remain November 1, 1900, at the additional diversion points. The additional
diversion points are described as follows: (1) The diversion points (two)
authorized in Certificate of Adjudication No. 14-5473: (A) At a point on the
Colorado River in the Isaac Harris Grant, Abstract 38, Bastrop County, Texas.
Located at 30.15240°N Latitude, 97.34650°W Longitude. (B) On the perimeter
of Lake Bastrop on Spicey Creek, tributary of the Colorado River, in Bastrop
County, Texas. Located at 30.15475 °N Latitude, 97.29339°W Longitude.
(2) The diversion points (2) authorized in Certificate of Adjudication No.
14- 5474: (A) At a point on the east bank of the Colorado River in the J.
M. Hensley Survey, Abstract 54, Fayette County, Texas. Located at 29.86770°N
Latitude, 96.77560°W Longitude. (B) On the perimeter of Cedar Creek Reservoir
on Cedar Creek, tributary of the Colorado River Basin in the J. M. Hensley
Survey, Abstract 54, Fayette County, Texas. Located at 29.91920°N Latitude,
96.75110°W Longitude. (3) The diversion points (three) authorized in Certificate
of Adjudication No. 14-5476, as amended: (A) At a point on the east bank of
a reservoir, known as Lane City Dam, on the Colorado River in the Sylvenus
Castleman Grant, Abstract 11, Wharton County, Texas. Located at 29.1936°N
Latitude, 96.07210°W Longitude. (B) At a point on the east bank of a reservoir,
known as Bay City Dam, on the Colorado River in John F. Bowman and Henry Williams
Grant, Abstract 9, Matagorda County, Texas. Located at 28.98400°N Latitude,
96.00020°W Longitude. (C) At a point on the west bank of a reservoir,
known as Bay City Dam, on the Colorado River located in Thomas Cayce Grant,
Abstract 14, Matagorda County, Texas. Located at 28.98060°N Latitude,
96.01150°W Longitude. (4) The diversion points (two) authorized in Certificate
of Adjudication No. 14-5475, as amended: (A) At a point on the east bank of
the Colorado River in the A.W. McLain and James McNair Grant, Abstract 33,
Colorado County. Located at 29.56990°N Latitude, 96.40200°W Longitude.
(B) At a point located on the perimeter of Eagle Lake on Moores Branch of
the Colorado River in Colorado County, Texas. Located at 29.55830°N Latitude,
96.33410°W Longitude. (5) The diversion point authorized in Certificate
of Adjudication No. 14-5477, as amended, which is at a point on the south
bank of the Colorado River located in the Robert Kuykendall Grant, Abstract
39, Wharton County, Texas. Located at 29.30727°N Latitude, 96.13401°W
Longitude. (6) The diversion point authorized in Certificate of Adjudication
No.14-5437, which is at a point on the west bank of the Colorado River in
the Cornelius H. Vanderveer Grant, Abstract 95, Matagorda County, Texas and
also being 28.77580°N Latitude, 95.99700°W Longitude. Applicant also
seeks to divert and use the water from anywhere on the perimeter of Town Lake,
Lake Austin, and Lake Travis authorized by Certificates of Adjudication Nos.
14-5471, as amended, and 14-5482, as amended. Water diverted from these will
not be diverted from storage in the reservoirs. Applicant is not requesting
an increase in the maximum rate of diversion or the maximum annual quantity
of water authorized in Certificate of Adjudication No. 14-5434, as amended.
Pursuant to 30 TAC 297.45 granting an application for an amendment to a water
right shall not cause an adverse impact to an existing water right. The application
was received on August 29, 2002. Additional information for the application
was received on November 7, 2002, December 18, 2002, and January 29, 2003.
The application was accepted for filing and declared administratively complete
on February 5, 2003. Written public comments and requests for a public meeting
should be submitted to the Office of the Chief Clerk, at the address provided
in the information section below by June 23, 2003.
APPLICATION NO. 5764; EBCO Land Development, Inc., P.O. Box 659, Rye, Texas
77369, applicant, seeks a Water Use Permit pursuant to 11.121 Texas Water
Code, and Texas Natural Resource Conservation Commission Rules 30 TAC 295.1,
et seq. Notice of this application was issued on April 1, 2002 and the comment
period ended on May 16, 2002. On April 15, 2003, the applicant amended its
application to request conjunctive use of State water and groundwater to maintain
an on-channel reservoir as described herein instead of the original request
to use only groundwater to maintain the reservoir full. Pursuant to 30 TAC
281.23, a new notice is being issued due to the amendment to the application.
Applicant now seeks authorization to construct and maintain an on-channel
dam and reservoir on Fish Creek, a tributary of Lake Creek, a tributary of
the San Jacinto River, San Jacinto River Basin for in-place recreational use.
Station 9+15 on the centerline of the dam is located at 30.30 N Latitude,
95.57 W Longitude, also bearing 30 degrees SE, 3,200 feet from the southeast
corner of Richard Smith, Original Survey Abstract 491 approximately 8 miles
southwest of Conroe, in Montgomery County, Texas. The reservoir will have
a surface area of 88.4 acres and impound not to exceed 482 acre-feet of water.
Applicant is requesting to use both state water and groundwater to maintain
the reservoir at normal operating levels. Ownership of the land where the
proposed reservoir will be located is evidence by Warranty Deed Document File
No. 9569718 in the Official Records of Montgomery County. The application
was received on February 5, 2001. Additional information was received on August
16, 2001 and February 19, 2002. The Executive Director reviewed the application
and determined it to be administratively complete on February 19, 2002.
Information Section
A public meeting is intended for the taking of public comment, and is not
a contested case hearing. A public meeting will be held if the Executive Director
determines that there is a significant degree of public interest in an application.
The Executive Director can consider approval of an application unless a
written request for a contested case hearing is filed. To request a contested
case hearing, you must submit the following: (1) your name (or for a group
or association, an official representative), mailing address, daytime phone
number, and fax number, if any: (2) applicant's name and permit number; (3)
the statement "[I/we] request a contested case hearing;" and (4) a brief and
specific description of how you would be affected by the application in a
way not common to the general public. You may also submit any proposed conditions
to the requested application which would satisfy your concerns. Requests for
a contested case hearing must be submitted in writing to the TCEQ Office of
the Chief Clerk at the address provided in the information section below.
If a hearing request is filed, the Executive Director will not issue the
requested permit and may forward the application and hearing request to the
TCEQ 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, TCEQ, P.O. Box
13087, Austin, TX 78711-3087. For information concerning the hearing process,
please contact the Public Interest Counsel, MC 103, at the same address. For
additional information, individual members of the general public may contact
the Office of Public Assistance at 1-800-687-4040. General information regarding
the TCEQ can be found at our web site at www.tceq.state.tx.us.
TRD-200303256
LaDonna Castañuela
Chief Clerk
Texas Commission on Environmental Quality
Filed: May 27, 2003
The Texas Commission on Environmental Quality (TCEQ or commission) staff
is providing an opportunity for written public comment on the listed Agreed
Orders (AOs) in accordance with Texas Water Code (the Code), §7.075,
which requires that the commission may not approve these AOs unless the public
has been provided an opportunity to submit written comments. Section 7.075
requires that notice of the proposed orders and the opportunity to comment
must be published in the
Texas Register
no
later than the 30th day before the date on which the public comment period
closes, which in this case is
July 7, 2003
.
Section 7.075 also requires that the commission promptly consider any written
comments received and that the commission may withhold approval of an AO if
a comment discloses facts or considerations that indicate the proposed AO
is inappropriate, improper, inadequate, or inconsistent with the requirements
of the Code, the Texas Health and Safety Code (THSC), and/or the Texas Clean
Air Act (the Act). Additional notice is not required if changes to an AO are
made in response to written comments.
A copy of each proposed AO is available for public inspection at both the
commission's central office, located at 12100 Park 35 Circle, Building C,
1st Floor, Austin, Texas 78753, (512) 239-1864 and at the applicable regional
office listed as follows. Written comments about an AO should be sent to the
enforcement coordinator designated for each AO at the commission's central
office at P.O. Box 13087, Austin, Texas 78711-3087 and must be
received by 5:00 p.m. on July 7, 2003
. Written comments may also be
sent by facsimile machine to the enforcement coordinator at (512) 239- 2550.
The commission 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 commission in
writing
.
(1) COMPANY: ASARCO Incorporated; DOCKET NUMBER: 2002-1396-UIC-E; IDENTIFIER:
Underground Injection Control Permit Numbers WDW 129, WDW, 273, and WDW 324;
LOCATION: Amarillo, Potter County, Texas; TYPE OF FACILITY: noncommercial
hazardous Class I injection wells; RULE VIOLATED: 30 TAC §37.541(f) and
THSC, §27.073, by failing to submit an alternate financial assurance
for liability coverage; and 30 TAC §37.404 and THSC, §27.073, by
failing to maintain a third party coverage for bodily injury and property
damage; PENALTY: $3,680; ENFORCEMENT COORDINATOR: Subhash Jain, (512) 239-5867;
REGIONAL OFFICE: 3918 Canyon Drive, Amarillo, Texas 79109-4933, (806) 353-9251.
(2) COMPANY: IDK, L.P. dba Carrizo Springs 66; DOCKET NUMBER: 2003-0096-PST-E;
IDENTIFIER: Petroleum Storage Tank (PST) Facility Identification Number 05370;
LOCATION: Carrizo Springs, Dimmit County, Texas; TYPE OF FACILITY: convenience
store with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.8(c)(4)(B)
and (5)(A)(i), and the Code, §26.346(a) and §26.3467(a), by failing
to submit an underground storage tank (UST) registration and self-certification
form and failing to provide a copy of a valid, current delivery certificate;
PENALTY: $1,440; ENFORCEMENT COORDINATOR: Rebecca Clausewitz, (210) 490- 3096;
REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.
(3) COMPANY: City of Cisco; DOCKET NUMBER: 2002-0668-MWD-E; IDENTIFIER:
Water Quality Permit Number 10424-001; LOCATION: Cisco, Eastland County, Texas;
TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1)
and §305.126(a), and Water Quality Permit Number 10424-001, by failing
to initiate engineering and financial planning for expansion and/or upgrade
of the wastewater treatment plant; 30 TAC §305.125(1) and (5), Water
Quality Permit Number 10424-001, and the Code, §26.121, by failing to
meet permit effluent limits for biochemical oxygen demand (BOD), failing to
provide an effluent flow measuring device, failing to prevent and mitigate
the discharge of untreated wastewater from the bar screen area, failing to
meet quality assurance requirements, failing to properly maintain the wastewater
treatment plant by allowing cattle to graze inside the wastewater treatment
plant area and allowing numerous trees to grow, and failing to record the
monthly pH value; and 30 TAC §305.125(1) and §319.11(b), and Water
Quality Permit Number 10424-001, by failing to meet the 15 minute hold time
for dissolved oxygen measurements; PENALTY: $7,000; ENFORCEMENT COORDINATOR:
Carolyn Easley, (915) 698-9674; REGIONAL OFFICE: 1977 Industrial Boulevard,
Abilene, Texas 79602-7833, (915) 698-9674.
(4) COMPANY: ConocoPhillips Company; DOCKET NUMBER: 2002-0467-AIR-E; IDENTIFIER:
Air Account Number BL-0042-G; LOCATION: Sweeny, Brazoria County, Texas; TYPE
OF FACILITY: petroleum refinery; RULE VIOLATED: 30 TAC §101.6(b)(5) (now
30 TAC §101.201), and §116.115(c), and THSC, §382.085(b), by
failing to adequately complete the final report to the agency for an emission
event; and 30 TAC §116.115(c), Air Permit Number 5682A and PSD-TX-103M2,
and THSC, §382.085(b), by failing to meet permitted emissions limits;
PENALTY: $31,050; ENFORCEMENT COORDINATOR: Sherry Smith, (512) 239-0572; REGIONAL
OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(5) COMPANY: Dynegy Midstream Services, Limited Partnership; DOCKET NUMBER:
2002- 1214-AIR-E; IDENTIFIER: Air Account Number CI-0022-A; LOCATION: Mont
Belvieu, Chambers County, Texas; TYPE OF FACILITY: natural gas liquids fractionator;
RULE VIOLATED: 30 TAC §122.145(2)(C) and THSC, §382.085(b), by failing
to submit a Title V deviation report; PENALTY: $1,500; ENFORCEMENT COORDINATOR:
Rebecca Johnson, (713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite
H, Houston, Texas 77023-1486, (713) 767-3500.
(6) COMPANY: Frank Nguyen dba East Side Food & Beverage; DOCKET NUMBER:
2003- 0236-PST-E; IDENTIFIER: PST Facility Identification Number 0006652;
LOCATION: Plano, Collin County, Texas; TYPE OF FACILITY: convenience store
with retail sales of gasoline; RULE VIOLATED: 30 TAC §37.815(a) and (b),
by failing to demonstrate acceptable financial assurance; PENALTY: $840; ENFORCEMENT
COORDINATOR: Brad Brock, (512) 239-1165; REGIONAL OFFICE: 2301 Gravel Drive,
Fort Worth, Texas 76118-6951, (817) 588-5800.
(7) COMPANY: City of Eden; DOCKET NUMBER: 2002-1166-MWD-E; IDENTIFIER:
Texas Pollutant Discharge Elimination System (TPDES) Permit Number 10081-001;
LOCATION: Eden, Concho County, Texas; TYPE OF FACILITY: wastewater treatment;
RULE VIOLATED: 30 TAC §305.125(1) and (11), TPDES Permit Number 10081-001,
and the Code, §26.121(a), by failing to comply with permitted limits
for flow, total suspended solids (TSS), carbonaceous biochemical oxygen demand
(CBOD), ammonia nitrogen, and dissolved oxygen (DO), failing to measure effluent
flow; and failing to correctly report the facility's effluent parameters;
PENALTY: $5,250; ENFORCEMENT COORDINATOR: Sherry Smith, (512) 239-0572; REGIONAL
OFFICE: 622 South Oakes, Suite K, San Angelo, Texas 76903-7013, (915) 655-9479.
(8) COMPANY: El Paso Field Services, L.P.; DOCKET NUMBER: 2002-1385-AIR-E;
IDENTIFIER: Air Account Number PE-0118-G; LOCATION: Coyanosa, Pecos County,
Texas; TYPE OF FACILITY: compressor station; RULE VIOLATED: 30 TAC §122.146(2)
and THSC, §382.085(b), by failing to submit a Title V compliance certification;
PENALTY: $2,750; ENFORCEMENT COORDINATOR: Suzanne Walrath, (512) 239-2134;
REGIONAL OFFICE: 3300 North A Street, Building 4, Suite 107, Midland, Texas
79705-5404, (915) 570-1359.
(9) COMPANY: Rogelio and Yvonne D. Lopez dba Express Tire; DOCKET NUMBER:
2002- 1187-MSW-E; IDENTIFIER: Tire Generator Identification Number 15276;
LOCATION: Beaumont, Jefferson County, Texas; TYPE OF FACILITY: tire sales
and repair; RULE VIOLATED: 30 TAC §328.56(b), by failing to use a registered
transporter to transport scrap tires off-site; 30 TAC §§328.56(c),
(d)(4), and (e), 328.58(a) and (f), and 330.5(a), by failing to properly manifest
scrap tires, failing to monitor scrap or used tires for vectors and utilize
appropriate vector controls, and failing to dispose of scrap tires at an authorized
facility; PENALTY: $600; ENFORCEMENT COORDINATOR: John Barry, (409) 898-3883;
REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.
(10) COMPANY: Charles Bender dba Golden Oaks Mobile Home Park; DOCKET NUMBER:
2002-1415-PWS-E; IDENTIFIER: Public Water Supply (PWS) Number 1700710; LOCATION:
Willis, Montgomery County, Texas; TYPE OF FACILITY: public water supply; RULE
VIOLATED: 30 TAC §290.109(c)(2) and (g), §290.122(c), and THSC, §341.033(d),
by failing to collect and submit routine monthly water samples for bacteriological
analysis and failing to provide public notice of the sampling deficiencies;
30 TAC §290.42(e)(3), by failing to install mechanical disinfection equipment;
30 TAC §290.46(e)(3)(A), (n)(2), (t), and (v), and THSC, §341.033(a),
by failing to operate the system under the direct supervision of a water works
operator, failing to make an accurate and current map of the distribution
system available, failing to post a legible system ownership sign at each
of the production, treatment, and storage facilities, and failing to install
all water system electrical wiring in a securely mounted conduit; 30 TAC §290.45(b)(1)(E)(ii)
and THSC, §341.0315(c), by failing to provide a pressure tank capacity
of 50 gallons per connection; 30 TAC §290.43(d)(2), by failing to provide
the pressure tank with a pressure release device and an easily readable pressure
gauge; 30 TAC §290.41(c)(3)(A), (B), (K), (N), and (O), by failing to
submit well completion data before placing the well into service, failing
to provide a well casing that extends a minimum of 18 inches above the elevation
of the finished floor, failing to provide a well casing vent, failing to provide
the well with a flow measuring device, and failing to provide a lock for the
well house unit; 30 TAC §290.121(a), by failing to maintain a microbiological
monitoring plan; and 30 TAC §290.39(h) and THSC, §341.035, by failing
to receive written approval of plans and specifications; PENALTY: $4,200;
ENFORCEMENT COORDINATOR: Kimberly McGuire, (713) 767-3500; REGIONAL OFFICE:
5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(11) COMPANY: Harris County Water Control and Improvement District Number
74; DOCKET NUMBER: 2003-0107-MWD-E; IDENTIFIER: TPDES Permit Number 10679-001;
LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: wastewater treatment;
RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number 10679-001, and
the Code, §26.121(a), by failing to comply with the permit limitations
for ammonia nitrogen and CBOD; PENALTY: $3,510; ENFORCEMENT COORDINATOR: Catherine
Albrecht, (713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston,
Texas 77023-1486, (713) 767-3500.
(12) COMPANY: Conrad G. Walton dba Holiday Oaks Water System; DOCKET NUMBER:
2002-0209-PWS-E; IDENTIFIER: PWS Number 2390019; LOCATION: near Somerville,
Washington County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED:
30 TAC §290.45(b)(1)(A)(i) and THSC, §341.0315(c), by failing to
provide adequate well capacity; 30 TAC §290.41(c)(1)(F), by failing to
obtain a sanitary easement; and 30 TAC §290.43(d)(3), by failing to maintain
an air-water-volume indication device.; PENALTY: $250; ENFORCEMENT COORDINATOR:
Kent Heath, (512) 239-4575; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500,
Waco, Texas 76710-7826, (254) 751-0335.
(13) COMPANY: Kinder Morgan Liquids Terminals LLC; DOCKET NUMBER: 2003-0343-
AIR-E; IDENTIFIER: Air Account Number HG-0261-J; LOCATION: Pasadena, Harris
County, Texas; TYPE OF FACILITY: bulk petroleum storage; RULE VIOLATED: 30
TAC §122.145(2)(C) and THSC, §382.085(b), by failing to submit a
Title V deviation report; PENALTY: $2,040; ENFORCEMENT COORDINATOR: Trina
Grieco, (713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston,
Texas 77023-1486, (713) 767-3500.
(14) COMPANY: FNR Foodmart Inc. dba Korner Food Mart; DOCKET NUMBER: 2003-
0390-PST-E; IDENTIFIER: PST Facility Identification Number 0005512; LOCATION:
Richmond, Fort Bend County, Texas; TYPE OF FACILITY: convenience store with
retail sales of gasoline; RULE VIOLATED: 30 TAC §37.815(a) and (b), by
failing to demonstrate acceptable financial assurance; PENALTY: $1,050; ENFORCEMENT
COORDINATOR: Brad Brock, (512) 239-1165; REGIONAL OFFICE: 5425 Polk Avenue,
Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(15) COMPANY: City of Manor; DOCKET NUMBER: 2003-0361-MWD-E; IDENTIFIER:
TPDES Permit Number 11003-001; LOCATION: Manor, Travis County, Texas; TYPE
OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1),
TPDES Permit Number 11003-001, and the Code, §26.121(a), by failing to
comply with permit limitations for DO, TSS, and BOD; PENALTY: $920; ENFORCEMENT
COORDINATOR: David Van Soest, (512) 239-0468; REGIONAL OFFICE: 1921 Cedar
Bend Drive, Suite 150, Austin, Texas 78758-5336, (512) 339-2929.
(16) COMPANY: Manti Operating Company; DOCKET NUMBER: 2003-0376-AIR-E;
IDENTIFIER: Air Account Number PE-0020-B; LOCATION: Fort Stockton, Pecos County,
Texas; TYPE OF FACILITY: natural gas compression; RULE VIOLATED: 30 TAC §122.146(2)
and THSC, §382.085(b), by failing to submit a Title V compliance certification;
PENALTY: $2,375; ENFORCEMENT COORDINATOR: Miriam Hall, (512) 239-1044; REGIONAL
OFFICE: 3300 North A Street, Building 4, Suite 107, Midland, Texas 79705-5404,
(915) 570-1359.
(17) COMPANY: McCloskey & Sons, L.L.C. dba Goodmans Shell; DOCKET NUMBER:
2002-1407-PST-E; IDENTIFIER: PST Facility Identification Number 0058331; LOCATION:
Longview, Gregg County, Texas; TYPE OF FACILITY: gasoline retail and bulk
station; RULE VIOLATED: 30 TAC §334.50(b)(1)(A) and the Code, §26.3475(c)(1),
by failing to provide proper release detection for the UST system; and 30
TAC §334.48(c), §334.50(d)(1)(B)(ii) and (iii)(I), by failing to
conduct effective inventory control procedures; PENALTY: $3,200; ENFORCEMENT
COORDINATOR: Sunday Udoetok, (512) 239-0739; REGIONAL OFFICE: 2916 Teague
Drive, Tyler, Texas 75701-3756, (903) 535-5100.
(18) COMPANY: Sun Coast Resources, Incorporated; DOCKET NUMBER: 2002-1162-PST-E;
IDENTIFIER: Regulated Entity Number 100529452; LOCATION: Hurst, Tarrant County,
Texas; TYPE OF FACILITY: fuel distributor; RULE VIOLATED: 30 TAC §334.5(b)(1)(A),
by failing to ensure that the owner or operator had a valid, current delivery
certificate; PENALTY: $800; ENFORCEMENT COORDINATOR: Jorge Ibarra, (817) 588-5800;
REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(19) COMPANY: Sunwell Corporation dba Redifuel; DOCKET NUMBER: 2003-0094-PST-E;
IDENTIFIER: Regulated Entity Number 102923562; LOCATION: Carrizo Springs,
Dimmit County, Texas; TYPE OF FACILITY: fuel distributor; RULE VIOLATED: 30
TAC §334.5(b)(1)(A), by failing to ensure that the owner or operator
had a valid, current delivery certificate; PENALTY: $720; ENFORCEMENT COORDINATOR:
Rebecca Clausewitz, (210) 490-3096; REGIONAL OFFICE: 14250 Judson Road, San
Antonio, Texas 78233-4480, (210) 490-3096.
(20) COMPANY: Gerald Yates; DOCKET NUMBER: 2003-0068-OSS-E; IDENTIFIER:
On- Site Sewage Facility (OSSF) Permit Number 101135; LOCATION: Houston, Harris
County, Texas; TYPE OF FACILITY: on-site sewage; RULE VIOLATED: 30 TAC §285.7(c)(2)
and OSSF Permit Number 101135, by failing to have a new maintenance contract
signed and submitted; PENALTY: $238; ENFORCEMENT COORDINATOR: Michael Meyer,
(512) 239-4492; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas
77023-1486, (713) 767-3500.
TRD-200303243
Paul C. Sarahan
Director, Litigation Division
Texas Commission on Environmental Quality
Filed: May 27, 2003
Correction of Error
The Texas Health and Human Services Commission proposed to repeal and adopt
a new 1 TAC §355.501, concerning reimbursement methodology. The proposed
rule notice was published in the May 30, 2003, issue of the
Texas Register
(28 TexReg 4210).
There is an error in the statement of fiscal implications. On page 4210,
the third paragraph in the preamble should read as follows.
"The effect on state government for the first five-year period the section
is in effect is an estimated
cost savings
of
$1,256 in fiscal year (FY) 2003; $67,818 in FY 2004; $124,463 in FY 2005;
$129,917 in FY 2006; and $130,002 in FY 2007."
TRD-200303280
Notice of Public Hearings--Community Services Block Grant and Community Food and Nutrition Program
The Community Services Block Grant Act (42 U.S.C.§9901 et seq.) and
Texas Government Code, Sections 2306.092(11), 2105.053 and 2105.054, require
public hearings on the intended use of federal block grant funds awarded within
the State of Texas. The Texas Department of Housing and Community Affairs
(TDHCA) participated in several hearings in the fall of 2002 and will conduct
a final public hearing as part of the public information consultation and
public hearing requirements for Community Services Block Grant (CSBG), a federal
block grant. The primary purpose of this hearing is to solicit public comment
on proposed policies, method of distribution, and use of program funds to
operate the Community Services Block Grant (CSBG) and Community Food and Nutrition
Program (CFNP) programs in Federal fiscal year (FFY) 2004 and 2005, should
these funds become available.
The public hearing will be held in Austin at the Red Lion Hotel, 6121 North
IH 35 at Highway 290 on Tuesday, June 24, 2003 at 5:30 p.m. A TDHCA representative
will be present at the hearing to explain the planning process and to receive
written and/or oral testimony from interested citizens and groups affected
by CSBG and CFNP.
A copy of the Intended Use Report has been provided to all current CSBG
and CFNP contractors. Other interested parties may download the report from
the Department's website: www.tdhca.state.tx.us or may submit a written request
for a copy of the report from the Texas Department of Housing and Community
Affairs, Community Affairs Division, P.O. Box 13941, Austin, Texas 78711-3941.
Comments on the intended use of CSBG and CFNP funds may be in the form
of oral or written testimony at the public hearings, written testimony submitted
to the address provided above, or via e-mail to dlang@tdhca.state.tx.us. TDHCA
must receive all testimony by July 18, 2003.
Questions regarding the report may be directed to Dyna C. Lang, 512-475-3905,
or in writing using any of the methods of contact listed in this notice. Individuals
who require auxiliary aids or services for these meetings should contact Gina
Esteves at (512) 475-3943 or Relay Texas at 1-800-735-2989 at least 2 days
before the scheduled meeting.
TRD-200303259
Edwina Carrington
Executive Director
Texas Department of Housing and Community Affairs
Filed: May 27, 2003
Company Licensing
Application for admission to the State of Texas by UNDERWRITERS INDEMNITY
COMPANY, Houston, Texas, a domestic fire and/or casualty company. The home
office is in Houston, Texas.
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-200303180
Gene C. Jarmon
General Counsel and Chief Clerk
Texas Department of Insurance
Filed: May 21, 2003
Application for admission to the State of Texas by CEM INSURANCE COMPANY,
a foreign fire and/or casualty company. The home office is in Buffalo Grove,
Illinois.
Application for admission to the State of Texas by AMFIRST INSURANCE COMPANY,
a foreign fire and/or casualty company. The home office is in Oklahoma City,
Oklahoma.
Application for incorporation to the State of Texas by U.S. AUTO INSURANCE
COMPANY, a domestic fire and/or casualty company. The home office is in Dallas,
Texas.
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-200303281
Gene C. Jarmon
General Counsel and Chief Clerk
Texas Department of Insurance
Filed: May 28, 2003
The following third party administrator (TPA) applications have been filed
with the Texas Department of Insurance and are under consideration.
Application for admission to Texas of Ingenium Benefits, Inc., a foreign
third party administrator. The home office is Omaha, Nebraska.
Application to change the name of Gallagher Braniff, Inc. to Arthur J.
Gallagher of Texas, Inc., a domestic third party administrator. The home office
is Houston, Texas.
Application to change the name of USI Administrators, Inc. to CBCA Administrators,
Inc., a foreign third party administrator. The home office is Wilmington,
Delaware.
Application to change the name of Texas Benefit Planning, Inc., to The
Pension Company, a domestic third party administrator. The home office is
Dallas, Texas.
Any objections must be filed within 20 days after this notice was filed
with the Secretary of State, addressed to the attention of Matt Ray, MC 107-1A,
333 Guadalupe, Austin, Texas 78701.
TRD-200303177
Gene C. Jarmon
General Counsel and Chief Clerk
Texas Department of Insurance
Filed: May 21, 2003
Instant Game Number 383 "Crossword"
This game procedure is amended to reflect changes to the number of tickets
in the game, the number of prizes available for each prize level, and the
odds of winning for each prize level. This amended game procedure supersedes
the game procedure for this game that was published in the April 11, 2003,
issue of the
Texas Register (28 TexReg 3143).
1.0 Name and Style of Game.
A. The name of Instant Game No. 383 is "CROSSWORD". The play style is "extended
play puzzle".
1.1 Price of Instant Ticket.
A. Tickets for Instant Game No. 383 shall be $3.00 per ticket.
1.2 Definitions in Instant Game No. 383.
A. Display Printing - That area of the instant game ticket outside of the
area where the Overprint and Play Symbols appear.
B. Latex Overprint - The removable scratch-off covering over the Play Symbols
on the front of the ticket.
C. Play Symbol - One of the symbols which appears under the Latex Overprint
on the front of the ticket. Each Play Symbol is printed in Symbol font in
black ink in positive. The possible play symbols are: A, B, C, D, E, F, G,
H, I, J, K, L, M, N, O, P, Q, R, S, T, U, V, W, X, Y, Z, and blackened square.
D. Play Symbol Caption- the small printed material appearing below each
Play Symbol which explains the Play Symbol. One and only one of these Play
Symbol Captions appears under each Play Symbol and each is printed in caption
font in black ink in positive. The Play Symbol Caption which corresponds with
and verifies each Play Symbol is as follows:
E. Retailer Validation Code - Three small letters found under the removable
scratch-off covering in the play area, which retailers use to verify and validate
instant winners. The possible validation codes are:
Low-tier winning tickets use the required codes listed in Figure 2:16.
Non-winning tickets and high-tier tickets use a non-required combination of
the required codes listed in Figure 2:16 with the exception of ∅, which
will only appear on low-tier winners and will always have a slash through
it.
F. Serial Number - A unique 13 (thirteen) digit number appearing under
the latex scratch-off covering on the front of the ticket. There is a four
(4) digit security number which will be boxed and placed randomly within the
Serial Number. The remaining nine (9) digits of the Serial Number are the
Validation Number. The Serial Number is positioned beneath the bottom row
of play data in the scratched-off play area. The format will be : 0000000000000.
G. Low-Tier Prize - A prize of $3.00, $5.00, $10.00, or $20.00.
H. Mid-Tier Prize - A prize of $100 or $500.
I. High-Tier Prize- A prize of $5,000 or $35,000.
J. Bar Code - A 22 (twenty-two) character interleaved two (2) of five (5)
bar code which will include a three (3) digit game ID, the seven (7) digit
pack number, the three (3) digit ticket number and the nine (9) digit Validation
Number. The bar code appears on the back of the ticket.
K. Pack-Ticket Number - A 13 (thirteen) digit number consisting of the
three (3) digit game number (383), a seven (7) digit pack number, and a three
(3) digit ticket number. Ticket numbers start with 000 and end with 124 within
each pack. The format will be: 383-0000001-000.
L. Pack - A pack of "CROSSWORD" Instant Game tickets contain 125 tickets,
which are packed in plastic shrink-wrapping and fanfolded in pages of one
(1). There will be two (2) fanfold configurations for this game. Configuration
A will show the front of ticket 000 and the back of ticket 124. Configuration
B will show the back of ticket 000 and the front of ticket 124.
M. Non-Winning Ticket - A ticket which is not programmed to be a winning
ticket or a ticket that does not meet all of the requirements of these Game
Procedures, the State Lottery Act (Texas Government Code, Chapter 466), and
applicable rules adopted by the Texas Lottery pursuant to the State Lottery
Act and referenced in 16 TAC, Chapter 401.
N. Ticket or Instant Game Ticket, or Instant Ticket - A Texas Lottery "CROSSWORD"
Instant Game No. 383 ticket.
2.0 Determination of Prize Winners. The determination of prize winners
is subject to the general ticket validation requirements set forth in Texas
Lottery Rule 401.302, Instant Game Rules, these Game Procedures, and the requirements
set out on the back of each instant ticket. A prize winner in the "CROSSWORD"
Instant Game is determined once the latex on the ticket is scratched off to
expose 139 (one hundred thirty-nine) play symbols. The player must scratch
off all 18 (eighteen) boxed squares in the YOUR LETTERS to reveal 18 letters.
For each of the 18 letters revealed in YOUR LETTERS, the player must scratch
the same letter each time it is found in the CROSSWORD. For example, if the
letter E is revealed in your letters, the player must scratch all E’s
in the CROSSWORD. There are three (3) small letters above and beside the your
letters that appear under the latex on the ticket. These are smaller in size
than your letters and are not your letters to be used in playing the game.
If the player has scratched three (3) or more complete words in the crossword,
the player will win the corresponding prize found in the prize legend on the
back of the ticket. Only one prize can be claimed per ticket. The player must
then scratch the corresponding letters found in the CROSSWORD puzzle. A "word"
must contain at least three letters. A "word" cannot be formed by linking
letters diagonally or by reading the letters from the bottom to top. Letters
combined to form a complete "word" must appear in an unbroken horizontal or
vertical string of letters in the CROSSWORD. An unbroken string of letters
cannot be interrupted by a block space. Words within words are not eligible
for a prize. Every single letter in the unbroken string must: (a) be revealed
in YOUR LETTERS, and (b) be included to form a "word". The possible complete
words for this ticket are shown on the CROSSWORD panel. Each possible complete
word consists of three (3) or more letters and occupies an entire word space.
Players must match all of the letters in a possible complete word in order
to complete the word. If the letters revealed form three (3) or more complete
words on the CROSSWORD panel each of which occupy a complete word space, the
player will win the prize shown in the prize legend for forming that number
of words. No portion of the display printing nor any extraneous matter whatsoever
shall be usable or playable as a part of the Instant Game.
2.1 Instant Ticket Validation Requirements.
A. To be a valid Instant Game ticket, all of the following requirements
must be met:
1. One hundred thirty-nine (139) possible Play Symbols must appear under
the latex overprint on the front portion of the ticket;
2. Each of the Play Symbols must have a Play Symbol Caption underneath,
and each Play Symbol must agree with its Play Symbol Caption;
3. Each of the Play Symbols must be present in its entirety and be fully
legible;
4. Each of the Play Symbols must be printed in black ink;
5. The ticket shall be intact;
6. The Serial Number, Retailer Validation Code and Pack-Ticket Number must
be present in their entirety and be fully legible;
7. The Serial Number must correspond, using the Texas Lottery's codes,
to the Play Symbols on the ticket;
8. The ticket must not have a hole punched through it, be mutilated, altered,
unreadable, reconstituted or tampered with in any manner;
9. The ticket must not be counterfeit in whole or in part;
10. The ticket must have been issued by the Texas Lottery in an authorized
manner;
11. The ticket must not have been stolen, nor appear on any list of omitted
tickets or non-activated tickets on file at the Texas Lottery;
12. The Play Symbols, Serial Number, Retailer Validation Code and Pack-Ticket
Number must be right side up and not reversed in any manner;
13. The ticket must be complete and not miscut, and have 139 (one hundred
thirty-nine) possible Play Symbols under the latex overprint on the front
portion of the ticket, exactly one Serial Number, exactly one Retailer Validation
Code, and exactly one Pack-Ticket Number on the ticket;
14. The Serial Number of an apparent winning ticket shall correspond with
the Texas Lottery's Serial Numbers for winning tickets, and a ticket with
that Serial Number shall not have been paid previously;
15. The ticket must not be blank or partially blank, misregistered, defective
or printed or produced in error;
16. Each of the 139 (one hundred thirty-nine) possible Play Symbols must
be exactly one of those described in Section 1.2.C of these Game Procedures.
17. Each of the 139 (one hundred thirty-nine) possible Play Symbols on
the ticket must be printed in the Symbol font and must correspond precisely
to the artwork on file at the Texas Lottery; the ticket Serial Numbers must
be printed in the Serial font and must correspond precisely to the artwork
on file at the Texas Lottery; and the Pack-Ticket Number must be printed in
the Pack-Ticket Number font and must correspond precisely to the artwork on
file at the Texas Lottery;
18. The display printing on the ticket must be regular in every respect
and correspond precisely to the artwork on file at the Texas Lottery; and
19. The ticket must have been received by the Texas Lottery by applicable
deadlines.
B. The ticket must pass all additional validation tests provided for in
these Game Procedures, the Texas Lottery's Rules governing the award of prizes
of the amount to be validated, and any confidential validation and security
tests of the Texas Lottery.
C. Any Instant Game ticket not passing all of the validation requirements
is void and ineligible for any prize and shall not be paid. However, the Executive
Director may, solely at the Executive Director's discretion, refund the retail
sales price of the ticket. In the event a defective ticket is purchased, the
only responsibility or liability of the Texas Lottery shall be to replace
the defective ticket with another unplayed ticket in that Instant Game (or
a ticket of equivalent sales price from any other current Instant Lottery
game) or refund the retail sales price of the ticket, solely at the Executive
Director's discretion.
2.2 Programmed Game Parameters.
A. A ticket can only win once.
B. Adjacent tickets in a pack will not have identical patterns.
C. Each ticket consists of a Your Letters area and one crossword puzzle
grid.
D. The crossword puzzle grid will be formatted with at least 109,000 configurations
(i.e. puzzle layouts not including words).
E. All crossword puzzle grid configurations will be formatted within a
grid that contains 11 spaces (height) by 11 spaces (width).
F. Each word will appear only once per ticket on the crossword puzzle grid.
G. Each letter will only appear once per ticket in the Your Letters play
area.
H. Each Crossword Puzzle Grid will contain 19 (nineteen) words per puzzle
per ticket made up of the following: a) 4 sets of 3-letter words; b) 5 sets
of 4-letter words; c) 3 sets of 5-letter words; d) 3 sets of 6-letter words;
e) 1 set of 7-letter words; f) 2 sets of 8-letter words; g) 1 set of 9-letter
words.
I. There will be a minimum of three (3) vowels in the Your Letters play
area.
J. The length of words found in the crossword puzzle grid will range from
3-9 letters.
K. Only words from the approved word list will appear in the crossword
puzzle grid.
L. You will never find a word horizontally (in either direction), vertically
(in either direction), or diagonally (in either direction) in the Your Letters
play area that matches a word in the crossword puzzle grid.
M. Each crossword puzzle grid will have a maximum number of different grid
formations with respect to other constraints. That is, for identically formatted
crossword puzzles (i.e. the same grid), all "approved words" will appear in
every logical (i.e. 3 letter word = 3 letter space) position, with regards
to limitations caused by the actual letters contained in each word (i.e. will
not place the word "ZOO" in a position that causes an intersecting word to
require the second letter to be "Z", when in fact, there are no approved words
with a "Z" in the second letter position).
N. No one (1) letter, with the exception of vowels, will appear more than
nine (9) times in the crossword puzzle grid.
O. No ticket will match eleven (11) words or more.
P. Three (3) to ten (10) completed words will be revealed as per the prize
structure on winning tickets.
Q. All non-winning tickets will contain a) one (1) completed word approximately
20% of the time; b) and two (2) completed words approximately 80% of the time.
R. Sixteen (16) to eighteen (18) Your Letters will open at least one (1)
letter in the crossword puzzle grid.
2.3 Procedure for Claiming Prizes.
A. To claim a "CROSSWORD" Instant Game prize of $3.00, $5.00, $10.00, $20.00,
$100, or $500, a claimant shall sign the back of the ticket in the space designated
on the ticket and present the winning ticket to any Texas Lottery Retailer.
The Texas Lottery Retailer shall verify the claim and, if valid, and upon
presentation of proper identification, make payment of the amount due the
claimant and physically void the ticket; provided that the Texas Lottery Retailer
may, but is not, in some cases, required to pay a $100 or $500 ticket. In
the event the Texas Lottery Retailer cannot verify the claim, the Texas Lottery
Retailer shall provide the claimant with a claim form and instruct the claimant
on how to file a claim with the Texas Lottery. If the claim is validated by
the Texas Lottery, a check shall be forwarded to the claimant in the amount
due. In the event the claim is not validated, the claim shall be denied and
the claimant shall be notified promptly. A claimant may also claim any of
the above prizes under the procedure described in Section 2.3.B and 2.3.C
of these Game Procedures.
B. To claim a "CROSSWORD" Instant Game prize of $5,000 or $35,000, the
claimant must sign the winning ticket and present it at one of the Texas Lottery’s
Claim Centers. If the claim is validated by the Texas Lottery, payment will
be made to the bearer of the validated winning ticket for that prize upon
presentation of proper identification. When paying a prize of $600 or more,
the Texas Lottery shall file the appropriate income reporting form with the
Internal Revenue Service (IRS) and shall withhold federal income tax at a
rate set by the IRS if required. In the event that the claim is not validated
by the Texas Lottery, the claim shall be denied and the claimant shall be
notified promptly.
C. As an alternative method of claiming a "CROSSWORD" Instant Game prize,
the claimant must sign the winning ticket, thoroughly complete a claim form,
and mail both to: Texas Lottery Commission, Post Office Box 16600, Austin,
Texas 78761-6600. The risk of sending a ticket remains with the claimant.
In the event that the claim is not validated by the Texas Lottery, the claim
shall be denied and the claimant shall be notified promptly.
D. Prior to payment by the Texas Lottery of any prize, the Texas Lottery
shall deduct a sufficient amount from the winnings of a person who has been
finally determined to be:
1. delinquent in the payment of a tax or other money collected by the Comptroller,
the Texas Workforce Commission, or Texas Alcoholic Beverage Commission;
2. delinquent in making child support payments administered or collected
by the Attorney General; or
3. delinquent in reimbursing the Texas Department of Human Services for
a benefit granted in error under the food stamp program or the program of
financial assistance under Chapter 31, Human Resource Code;
4. in default on a loan made under Chapter 52, Education Code; or
5. in default on a loan guaranteed under Chapter 57, Education Code
E. If a person is indebted or owes delinquent taxes to the State, other
than those specified in the preceding paragraph, the winnings of a person
shall be withheld until the debt or taxes are paid.
2.4 Allowance for Delay of Payment. The Texas Lottery may delay payment
of the prize pending a final determination by the Executive Director, under
any of the following circumstances:
A. if a dispute occurs, or it appears likely that a dispute may occur,
regarding the prize;
B. if there is any question regarding the identity of the claimant;
C. if there is any question regarding the validity of the ticket presented
for payment; or
D. if the claim is subject to any deduction from the payment otherwise
due, as described in Section 2.3.D of these Game Procedures. No liability
for interest for any delay shall accrue to the benefit of the claimant pending
payment of the claim.
2.5 Payment of Prizes to Persons Under 18. If a person under the age of
18 years is entitled to a cash prize of less than $600 from the "CROSSWORD"
Instant Game, the Texas Lottery shall deliver to an adult member of the minor's
family or the minor's guardian a check or warrant in the amount of the prize
payable to the order of the minor.
2.6 If a person under the age of 18 years is entitled to a cash prize of
more than $600 from the "CROSSWORD" Instant Game, the Texas Lottery shall
deposit the amount of the prize in a custodial bank account, with an adult
member of the minor's family or the minor's guardian serving as custodian
for the minor.
2.7 Instant Ticket Claim Period. All Instant Game prizes must be claimed
within 180 days following the end of the Instant Game. Any prize not claimed
within that period, and in the manner specified in these Game Procedures and
on the back of each ticket, shall be forfeited.
3.0 Instant Ticket Ownership.
A. Until such time as a signature is placed upon the back portion of an
Instant Game ticket in the space designated therefor, a ticket shall be owned
by the physical possessor of said ticket. When a signature is placed on the
back of the ticket in the space designated therefor, the player whose signature
appears in that area shall be the owner of the ticket and shall be entitled
to any prize attributable thereto. Notwithstanding any name or names submitted
on a claim form, the Executive Director shall make payment to the player whose
signature appears on the back of the ticket in the space designated therefore.
If more than one name appears on the back of the ticket, the Executive Director
will require that one of those players whose name appears thereon be designated
by such players to receive payment.
B. The Texas Lottery shall not be responsible for lost or stolen Instant
Game tickets and shall not be required to pay on a lost or stolen Instant
Game ticket.
4.0 Number and Value of Instant Prizes. There will be approximately 5,944,000
tickets in the Instant Game No. 383. The approximate number and value of prizes
in the game are as follows:
A. The actual number of tickets in the game may be increased or decreased
at the sole discretion of the Texas Lottery.
5.0 End of the Instant Game. The Executive Director may, at any time, announce
a closing date (end date) for the Instant Game No. 383 without advance notice,
at which point no further tickets in that game may be sold.
6.0 Governing Law. In purchasing an Instant Game ticket, the player agrees
to comply with, and abide by, these Game Procedures for Instant Game No. 383,
the State Lottery Act (Texas Government Code, Chapter 466), applicable rules
adopted by the Texas Lottery pursuant to the State Lottery Act and referenced
in 16 TAC, Chapter 401, and all final decisions of the Executive Director.
The following is a list of words approved by the Texas Lottery Commission
for use in this game.
TRD-200303230
Kimberly L. Kiplin
General Counsel
Texas Lottery Commission
Filed: May 27, 2003
Notice of Administrative Hearing
Wednesday, June 18, 2003, 1:00 p.m.
State Office of Administrative Hearings, William P. Clements Building,
300 West 15th Street, 4th Floor
Austin, Texas
AGENDA
Administrative Hearing before an administrative law judge of the State
Office of Administrative Hearings in the matter of the complaint of the Manufactured
Housing Division of the Texas Department of Housing and Community Affairs
and HOA Inc. dba Homes of America to hear alleged violations of Sections 7(j)(3)
and 19(c) of the Act and Sections 80.204(b)(3) and 80.123(b)(3) of the Rules
by selling a new manufactured home without surrendering the original Manufacturer’s
Certificate of Origin and failing to make available for review by the Department
the written notice given to the consumer of the two year limitation for filing
a claim against the bond. SOAH 332-03-3218. Department MHD2002001384-W.
Contact: Jim R. Hicks, P.O. Box 12489, Austin, Texas 78711-2489, (512)
475-3589, jhicks@tdhca.state.tx.us
TRD-200303195
Bobbie Hill
Executive Director
Manufactured Housing Division
Filed: May 22, 2003
Notice of Consultant Contract Award
Pursuant to the provisions of Government Code, Chapter 2254, the North
Central Texas Council of Governments publishes this notice of consultant contract
award. The consultant proposal request appeared in the October 18, 2002 issue
of the Texas Register (27 TexReg 9823). The selected consultant will perform
the 2003 Air Quality Awareness Campaign for the Dallas-Fort Worth Region.
The consultant selected for this project is the North Texas Commission,
8445 Freeport Parkway, Irving, Texas. The maximum amount of this contract
is $900,000. Work on this project began March 1, 2003.
Issued in Arlington, Texas on May 22, 2003.
TRD-200303186
R. Michael Eastland
Executive Director
North Central Texas Council of Governments
Filed: May 22, 2003
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 of an application on May 22, 2003, 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 VarTec Telecom, Inc., d/b/a VarTec
Energy for Retail Electric Provider (REP) Certification, Docket Number 27854
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 wishing to comment upon the action sought should contact the Public
Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326,
or by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than
June 13, 2003. Hearing and speech- impaired individuals with text telephone
(TTY) may contact the commission at (512) 936-7136 or toll free at 1-800-735-2989.
All comments should reference Docket Number 27854.
TRD-200303252
Rhonda G. Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: May 27, 2003
Notice is given to the public of the filing with the Public Utility Commission
of Texas of an application on May 22, 2003, 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 ExTex Retail Services Company,
LLC for Retail Electric Provider (REP) Certification, Docket Number 27856
before the Public Utility Commission of Texas.
Applicant's requested service area is defined by customers, including the
limitation of serving only customers for whom it has filed said affidavits
with the commission.
Persons wishing to comment upon the action sought should contact the Public
Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326,
or by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than
June 13, 2003. Hearing and speech-impaired individuals with text telephone
(TTY) may contact the commission at (512) 936-7136 or toll free at 1-800-735-2989.
All comments should reference Docket Number 27856.
TRD-200303253
Rhonda G. Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: May 27, 2003
Notice is given to the public of the filing with the Public Utility Commission
of Texas of an application on May 21, 2003, for a service provider certificate
of operating authority (SPCOA), pursuant to §§54.151 - 54.156 of
the Public Utility Regulatory Act (PURA). A summary of the application follows.
Docket Title and Number: Application of Universal Telephone Exchange, Inc.
for a Service Provider Certificate of Operating Authority, Docket Number 27842
before the Public Utility Commission of Texas.
Applicant intends to provide plain old telephone service, and long distance
services.
Applicant's requested SPCOA geographic area includes the area of Texas
comprising the Dallas Local Access and Transport Area.
Persons who wish to comment upon the action sought should contact the Public
Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326,
or by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than
June 11, 2003. Hearing and speech- impaired individuals with text telephone
(TTY) may contact the commission at (512) 936-7136 or toll free at 1-800-735-2989.
All comments should reference Docket Number 27842.
TRD-200303226
Rhonda G. Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: May 23, 2003
Notice is given to the public of the filing with the Public Utility Commission
of Texas (commission) an application on May 21, 2003, for waiver of denial
by North American Numbering Plan Administrator (NANPA) of applicant's request
for NXX codes.
Docket Title and Number: Application of United Telephone Company of Texas,
Inc. d/b/a Sprint for Waiver of Denial by NANPA of NXX Code Request in the
Hamilton Rate Center. Docket Number 27847.
The Application: A customer of Sprint has requested that Sprint provide
a block of 3,000 consecutive numbers in the Hamilton rate center. Sprint stated
that its existing telephone resources cannot satisfy its customer's specific
need for both the specific volume of numbers as well as for a block of 3,000
consecutive numbers. The NANPA denied Sprint's request based on practices
designed to prohibit acquisition of unneeded numbering resources. Sprint seeks
an exception to the application of NXX assignment guidelines. Sprint asks
that the commission waive the NANPA's denial of Sprint's NXX assignment request
and direct the NANPA to provide Sprint the thousands-blocks in the Hamilton
rate center as requested.
Persons wishing to comment upon the action sought should contact the Public
Utility Commission of Texas, by mail at P.O. Box 13326, Austin, Texas, 78711-3326,
or by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than
June 13, 2003. Hearing and speech- impaired individuals with text telephones
(TTY) may contact the commission at (512) 936-7136 or toll-free at 1-800-735-2989.
All comments should reference Docket Number 27847.
TRD-200303251
Rhonda G. Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: May 27, 2003
Notice is given to the public of Livingston Telephone Company, Incorporated's
application filed with the Public Utility Commission of Texas (commission)
on May 1, 2003 to discontinue services.
Docket Title and Number: Application of Livingston Telephone Company, Incorporated
(Livingston) for Administrative Revisions to Section 8, Pages 8 and 9 of the
Customer Services Tariff Pursuant to P.U.C. Substantive Rule 26.208. Docket
Number 27729.
Livingston has filed an application to withdraw Joint User Service from
its Customer Services Tariff. Joint User Service has become obsolete because
no existing customers have requested joint user billing arrangements from
Livingston since 1999; therefore, Livingston proposes to withdraw this service.
There are no grandfathering issues.
Persons wishing to comment on this application should contact the Public
Utility Commission of Texas, by July 7, 2003, by mail at P.O. Box 13326, Austin,
Texas 78711-3326, or by phone at (512) 936-7120 or toll-free at 1-888-782-8477.
Hearing and speech-impaired individuals with text telephone (TTY) may contact
the commission at (512) 936-7136 or toll-free 1-800-735-2989. All correspondence
should refer to Docket Number 27729.
TRD-200303254
Rhonda G. Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: May 27, 2003
On May 20, 2003, Southwestern Bell Telephone, LP doing business as SBC
Texas and MCImetro Access Transmission Services, LLC, collectively referred
to as applicants, filed a joint application for approval of amendment to an
existing interconnection agreement under §252(i) of the federal Telecommunications
Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended
in scattered sections of 15 and 47 United States Code) (FTA) and the Public
Utility Regulatory Act, Texas Utilities Code Annotated, Chapters 52 and 60
(Vernon 1998 & Supplement 2003) (PURA). The joint application has been
designated Docket Number 27836. The joint application and the underlying interconnection
agreement are available for public inspection at the commission's offices
in Austin, Texas.
The commission must act to approve the interconnection agreement within
35 days after it is submitted by the parties.
The commission finds that additional public comment should be allowed before
the commission issues a final decision approving or rejecting the amendment
to the interconnection agreement. Any interested person may file written comments
on the joint application by filing three 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
27836. 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 June 20, 2003, 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 action, or who wish to comment on the
joint application should contact the Public Utility Commission of Texas, 1701
North Congress Avenue, PO Box 13326, Austin, Texas 78711-3326, or by phone
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 27836.
TRD-200303191
Rhonda G. Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: May 22, 2003
On May 20, 2003, Southwestern Bell Telephone, LP doing business as SBC
Texas and Habla Comunicaciones, Inc., collectively referred to as applicants,
filed a joint application for approval of amendment to an existing interconnection
agreement under §252(i) of the federal Telecommunications Act of 1996,
Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered
sections of 15 and 47 United States Code) (FTA) and the Public Utility Regulatory
Act, Texas Utilities Code Annotated, Chapters 52 and 60 (Vernon 1998 &
Supplement 2003) (PURA). The joint application has been designated Docket
Number 27839. The joint application and the underlying interconnection agreement
are available for public inspection at the commission's offices in Austin,
Texas.
The commission must act to approve the interconnection agreement within
35 days after it is submitted by the parties.
The commission finds that additional public comment should be allowed before
the commission issues a final decision approving or rejecting the amendment
to the interconnection agreement. Any interested person may file written comments
on the joint application by filing three 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
27839. 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 June 23, 2003, 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 action, or who wish to comment on the
joint application should contact the Public Utility Commission of Texas, 1701
North Congress Avenue, PO Box 13326, Austin, Texas 78711-3326, or by phone
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 27839.
TRD-200303193
Rhonda G. Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: May 22, 2003
Notice is given to the public of the filing with the Public Utility Commission
of Texas, a notice of intent to file a long run incremental cost (LRIC) study
pursuant to P.U.C. Substantive Rule §26.214. The Applicant will file
the LRIC study on May 30, 2003.
Docket Title and Number. Sugar Land Telephone Company Application for Approval
of LRIC Study for Implementation of New Optional Nonrecurring Service Offering
for Sugar Land Complex Service Customers, Installation Expedite Charge pursuant
to P.U.C. Subst. R. 26.214, Docket Number 27833.
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 27833. Written comments or recommendations should be filed no
later than 45 days after the date of a sufficient study and should be filed
at the Public Utility Commission of Texas, 1701 North Congress Avenue, PO
Box 13326, Austin, Texas 78711-3326. You may call the Public Utility Commission
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-200303188
Rhonda G. Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: May 22, 2003
Notice is given to the public of the filing with the Public Utility Commission
of Texas, a notice of intent to file a long run incremental cost (LRIC) study
pursuant to P.U.C. Substantive Rule §26.214. The Applicant will file
the LRIC study on May 30, 2003.
Docket Title and Number. Texas Alltel, Inc. Application for Approval of
LRIC Study for Implementation of New Optional Nonrecurring Service Offering
for Texas Alltel, Inc. Complex Service Customers, Installation Expedite Charge
pursuant to P.U.C. Subst. R. §26.214, Docket Number 27834.
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 27834. Written comments or recommendations should be filed no
later than 45 days after the date of a sufficient study and should be filed
at the Public Utility Commission of Texas, 1701 North Congress Avenue, PO
Box 13326, Austin, Texas 78711-3326. You may call the Public Utility Commission
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-200303189
Rhonda G. Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: May 22, 2003
Notice is given to the public of the filing with the Public Utility Commission
of Texas, a notice of intent to file a long run incremental cost (LRIC) study
pursuant to P.U.C. Substantive Rule §26.214 on May 23, 2003. The Applicant
will file the LRIC study on or about June 2, 2003.
Docket Title and Number. Valor Telecommunications of Texas, LP Application
for Approval of LRIC Study for State-Wide Direct Inward-Outward Dialing Service
(DIOD) Pursuant to P.U.C. Substantive Rule §26.214, Docket Number 27862.
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 27862. Written comments or recommendations should be filed no
later than 45 days after the date of a sufficient study 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 Public Utility Commission
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-200303257
Rhonda G. Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: May 27, 2003
Notice is given to the public of the filing with the Public Utility Commission
of Texas, a notice of intent to file a long run incremental cost (LRIC) study
pursuant to P.U.C. Substantive Rule §26.214 on May 23, 2003. The Applicant
will file the LRIC study on or about June 2, 2003.
Docket Title and Number. Valor Telecommunications of Texas, LP Application
for Approval of LRIC Study for Hunt Service (Circular, Regular and Sequential)
Pursuant to P.U.C. Substantive Rule §26.214, Docket Number 27863.
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 27863. Written comments or recommendations should be filed no
later than 45 days after the date of a sufficient study 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 Public Utility Commission
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-200303258
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: May 27, 2003
On May 20, 2003, TXU Communications Telephone Company doing business as
TXU Communications and Capital Telecommunications, Inc., collectively referred
to as applicants, filed a joint application for approval of interconnection
agreement under §252(i) of the federal Telecommunications Act of 1996,
Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered
sections of 15 and 47 United States Code) (FTA) and the Public Utility Regulatory
Act, Texas Utilities Code Annotated, Chapters 52 and 60 (Vernon 1998 &
Supplement 2003) (PURA). The joint application has been designated Docket
Number 27835. 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 three 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 27835. 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
June 20, 2003, 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 action, or who wish to comment on the
joint application should contact the Public Utility Commission of Texas, 1701
North Congress Avenue, PO Box 13326, Austin, Texas 78711-3326, or by phone
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 27835.
TRD-200303190
Rhonda G. Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: May 22, 2003
On May 21, 2003, Southwestern Bell Telephone, LP doing business as SBC
Texas and Budget Phone, Inc., collectively referred to as applicants, filed
a joint application for approval of interconnection agreement under §252(i)
of the federal Telecommunications Act of 1996, Public Law Number 104-104,
110 Statute 56, (codified as amended in scattered sections of 15 and 47 United
States Code) (FTA) and the Public Utility Regulatory Act, Texas Utilities
Code Annotated, Chapters 52 and 60 (Vernon 1998 & Supplement 2003) (PURA).
The joint application has been designated Docket Number 27838. 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 three 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 27838. 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
June 23, 2003, 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 action, or who wish to comment on the
joint application should contact the Public Utility Commission of Texas, 1701
North Congress Avenue, PO Box 13326, Austin, Texas 78711-3326, or by phone
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 27838.
TRD-200303192
Rhonda G. Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: May 22, 2003
On May 21, 2003, Southwestern Bell Telephone, LP doing business as SBC
Texas and Advanced Airsystems Technology, Inc., collectively referred to as
applicants, filed a joint application for approval of interconnection agreement
under §252(i) of the federal Telecommunications Act of 1996, Public Law
Number 104-104, 110 Statute 56, (codified as amended in scattered sections
of 15 and 47 United States Code) (FTA) and the Public Utility Regulatory Act,
Texas Utilities Code Annotated, Chapters 52 and 60 (Vernon 1998 & Supplement
2003) (PURA). The joint application has been designated Docket Number 27840.
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 three 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 27840. 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
June 23, 2003, 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 action, or who wish to comment on the
joint application should contact the Public Utility Commission of Texas, 1701
North Congress Avenue, PO Box 13326, Austin, Texas 78711-3326, or by phone
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 27840.
TRD-200303194
Rhonda G. Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: May 22, 2003
Public Notice - Aviation
Pursuant to Transportation Code, §21.111, and Title 43, Texas Administrative
Code, §30.209, the Texas Department of Transportation conducts public
hearings to receive comments from interested parties concerning proposed approval
of various aviation projects.
For information regarding actions and times for aviation public hearings,
please go to the following web site:
http://www.dot.state.tx.us
Click on Aviation, click on Aviation Public Hearing. Or, contact Karon
Wiedemann, Aviation Division, 150 East Riverside, Austin, Texas 78704, (512)
416-4520 or 800 68 PILOT.
TRD-200303185
Bob Jackson
Deputy General Counsel
Texas Department of Transportation
Filed: May 22, 2003
Transit Management of Tyler (TMT) administers the Texas Department of Transportation
Rural Public Transportation, Urban Public Transit for the City of Tyler, Texas.
TMT subcontracts these fixed route services for the City of Tyler. TMT provides
general public transportation, job access, and transportation service for
the elderly. The City of Tyler, Texas Public Transit system is issuing a Request
for Proposal (RFP) for a Computer Dispatching/Scheduling system for its fleet
of 12 Vehicles. System needs to be web based for use at multiple dispatching
locations. System will be used in urban and rural settings in East Texas.
Contact Tyler Transit at 903-533-8057 to receive a copy of the RFP.
Email: Munk@TylerTexas.com
TRD-200303277
Richard D. Monroe
General Counsel
Texas Department of Transportation
Filed: May 28, 2003
Texas Building and Procurement Commission
Coastal Coordination Council
Comptroller of Public Accounts
Court Reporters Certification Board
Texas Commission on Environmental Quality
Notice of Opportunity to Comment on Default Orders of Administrative Enforcement Actions
Notice of Opportunity to Comment on Settlement Agreements of Administrative Enforcement Actions
Notice of Water Rights Application
Proposed Enforcement Orders
Texas Health and Human Services Commission
Texas Department of Housing and Community Affairs
Texas Department of Insurance
Company Licensing
Third Party Administrator Applications
Texas Lottery Commission
Manufactured Housing Division
North Central Texas Council of Governments
Public Utility Commission of Texas
Notice of Application for a Certificate to Provide Retail Electric Service
Notice of Application for Service Provider Certificate of Operating Authority
Notice of Application for Waiver of Denial of Request for NXX Code
Notice of Filing to Discontinue Services Pursuant to P.U.C. Substantive Rule 26.208
Public Notice of Amendment to Interconnection Agreement
Public Notice of Amendment to Interconnection Agreement
Public Notice of Intent to File Pursuant to P.U.C. Substantive Rule §26.214
Public Notice of Intent to File Pursuant to P.U.C. Substantive Rule §26.214
Public Notice of Intent to File Pursuant to P.U.C. Substantive Rule §26.214
Public Notice of Intent to File Pursuant to P.U.C. Substantive Rule §26.214
Public Notice of Interconnection Agreement
Public Notice of Interconnection Agreement
Public Notice of Interconnection Agreement
Texas Department of Transportation
Request for Proposal - Computer Dispatching/Scheduling System