Office of the Attorney General
Texas Solid Waste Disposal Act and Texas Water Code Settlement Notice
Notice is hereby given by the State of Texas of the following proposed
resolution of an environmental enforcement lawsuit under the Texas Solid Waste
Disposal Act and the Texas Water Code. 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. Larry R. Thumann, Individually and d/b/a AAA Natural
Recycling, Inc., Warren Clayton Fry, and Michael Shane Fry;
Cause No.
2002-07697; in the 280th Judicial District Court, Harris County, Texas
Nature of Defendant's Operations: Defendant Larry R. Thumann ("Thumann")
operated unauthorized solid waste processing and disposal facilities at two
sites: 5912 FM 1690 ("FM 1960"), and 20220 Morton Road ("Morton Road Site")
in Harris County, Texas. Defendants Warren Clayton Fry and Michael Shane Fry
(the "Frys") own and leased to Thumann the Morton Road Site property. Thumann
stored, processed, and disposed of municipal solid waste, including wood and
scrap lumber, without authorization from Texas Commission on Environmental
Quality ("TCEQ"), at both sites. Harris County and the State of Texas allege
that the sites are causing an endangerment of human health and welfare and
the environment.
Proposed Agreed Judgment: The Agreed Final Judgment proposes a permanent
injunction whereby Defendant Thumann will remove all solid waste at the FM
1960 Site and Defendants Frys will remove all waste at the Morton Road Site.
The Agreed Final Judgment proposes Defendant Thumann to pay a total of Fifteen
Thousand Dollars ($15,000.00) in civil penalties, to be split evenly between
the State and Harris County. Defendant Thumann agreed to pay an additional
Seventy Five Thousand Dollars ($75,000.00) in civil penalties, to be split
evenly between the State and Harris County, if he fails to comply with the
permanent injunction provision pertaining to the removal of waste at the FM
1960 Site, by April 1, 2004. Defendant Thumann also agreed to pay Three Thousand
Dollars ($3,000.00) in attorney fees, to be split evenly between the State
and Harris County, plus all court costs.
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 Tracy
J. Andrews, 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, contact
A. G. Younger, Agency Liaison, at 512-463-2110
TRD-200301555
Nancy S. Fuller
Assistant Attorney General
Office of the Attorney General
Filed: March 5, 2003
Notice is hereby given by the State of Texas of the following proposed
resolution of an environmental enforcement lawsuit under the Texas Water Code.
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:
State of Texas v. Aquila
Realty Fund I, Inc.,
Cause No. 97-10779; in the 261st Judicial District
Court, Travis County, Texas
Nature of Defendant's Operations: Defendant owns a small commercial property
which is leased to small businesses. The site is served by a waste water treatment
plant and operated by a part-time contract operator. Defendant allegedly failed
to report and monitor its operations in violation of a Texas Commission on
Environmental Quality ("TCEQ") 1995 default order, Aquila's permit and also
alleged by Committee, additional violations of TCEQ regulations.
Proposed Agreed Judgment: The Agreed Final Judgment proposes Defendant
to pay a total penalty of Fifty-Three Thousand Dollars ($53,000.00) of which
$47,221.00 is for civil penalties for violations since the date of the 1995
Order, and $5,779.00 is for the unpaid administrative penalty. In addition,
attorney fees of Fifty Thousand Dollars ($50,000.00) is payable to the State
of Texas, plus court costs.
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, contact
A. G. Younger, Agency Liaison, at 512-463-2110
TRD-200301556
Nancy S. Fuller
Assistant Attorney General
Office of the Attorney General
Filed: March 5, 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(s) during the period of February 14, 2003, through
February 20, 2003. The public comment period for these projects will close
at 5:00 p.m. on March 28, 2003.
FEDERAL AGENCY ACTIONS:
Applicant: Robert Ridgell. Location: The project is located on San Antonio
Bay at the end of Marina Road on Swan Point in Seadrift, Calhoun County. The
project can be located on the U.S.G.S. quadrangle map entitled: Seadrift,
Texas. Approximate UTM Coordinates: Zone: 14; Easting: 72500; Northing: 3242800.
Project Description: In response to agency comments, the applicant has revised
the plans for his proposed project originally published in public notice 22819
on 26 September 2002. The proposed project is to retain unauthorized maintenance
dredging in 2,945 square feet of fringe wetlands along a residential canal,
mechanically excavate an additional 1,617 square feet immediately inland from
the original dredging, construct 12 covered boat slips within the excavated
area, place bank stabilization measures, and provide mitigation for wetland
impacts. The slips would be 40 feet long, 12.5 feet wide, and a 2-foot-wide
walkway would be positioned along every other slip for a total of 7 walkways.
Bank stabilization in the form of either a bulkhead or articulating concrete
mat as well as wingwalls will be placed along the excavated area. As mitigation,
the applicant proposes to create 9,200 square feet of wetlands from uplands.
Two 3-foot-wide circulation channels will be excavated to +1 foot MSL to supply
water to the mitigation site. All excavated material would be placed in upland
area at the site. The purpose of the project is to provide boat moorings for
members of a local boating club. The applicant originally proposed to mechanically
dredge the entire south-side length of the canal and provide mitigation by
scraping down 5,100 square feet of uplands, as well as an additional 13,300
square feet of upper-saltmarsh wetland and coastal sand flat to enhance wetland
conditions in these areas. The proposed revision will reduce project impacts
by 7,543 square feet and utilize only uplands to create the mitigation area.
CCC Project No.: 03-0047-F1; Type of Application: U.S.A.C.E. permit application
#22819 is being evaluated under §10 of the Rivers and Harbors Act of
1899 (33 U.S.C.A. §403).
Applicant: West Beach Realty Partners; Location: The project is located
on Galveston Island immediately west of 7626 Broadway, Galveston, Galveston
County. The project can be located on the U.S.G.S. quadrangle map entitled:
Galveston, Texas. Approximate UTM Coordinates: Zone: 15; Easting: 319222;
Northing: 3241069. Project Description: After-the-fact: The applicant proposes
to retain unauthorized fill material placed into adjacent wetlands of Galveston
Bay. Specifically, fill material was placed into approximately 1.88 acres
of a wetland adjacent to Galveston Bay to build up low areas of parking of
vehicles. The applicant owns the property adjoining the wetland on all four
sides of the project area. The unauthorized fill directly impacted approximately
1.88 acres of adjacent palustrine emergent wetland dominated by saltmeadow
cordgrass (
Spartina patens
), Chinese tallow
(
Sapium sebiferun
), seashore paspalum (
Applicant: Manti Operating Company; Location: The project is located in
the Gulf of Mexico, inside of the Anchorage Area of the Matagorda Entrance
Safety Fairway at a distance of 500 feet outside of the Safety Fairway boundary,
offshore Matagorda County. The project location State Plane Coordinates, using
North American Datum 27 are X=2,888,734.01; Y=204,828.52. The proposed new
location would be greater than 2 nautical miles from any other structure.
Project Description: Corps of Engineers permit #22693, issued to McRae Exploration
and Production on July 29, 2002, was transferred to the Manti Operating Company.
No work has been conducted under permit #22693 as of this time. Manti proposes
to move the location of the structure approximately 2,375 feet to the southeast
and into the southeast quadrant of State Tract 5221. No other changes are
proposed. CCC Project No.: 03-0050-F1; Type of Application: U.S.A.C.E. permit
application #22693(01) is being evaluated under § 10 of the Rivers and
Harbors Act of 1899 (33 U.S.C.A. §403).
Applicant: Cabot Oil and Gas Corporation; Location: The project is located
in State Tract 284, Corpus Christi Bay, with pipeline to shore on Stedman
Island. The project can be located on the U.S.G.S. quadrangle map entitled:
Estes, Texas. Approximate UTM Coordinates: Zone: 14; Easting: 687060; Northing:
3087235. Project Description: The applicant proposes to erect and maintain
structures and appurtenances in connection with the drilling of two wells
for petroleum resources. The structures may be constructed of steel or timber
and will include typical marine barges, derrick platforms, gravel or shell
pads, foundations, protective structures, and aids to navigation. Fill may
be necessary at the sites for drilling barge stabilization. Pad size and height
would be dependent on bottom conditions. Approximately 2,667 cubic yards of
shell, crushed rock, or washed gravel will be used to construct an approximately
24,000-square-foot drilling pad at each site. Normal water depths at the proposed
drill site are a minimum of 8 feet. The drilling rig draft for this project
will not exceed 8 feet. No dredging is required for this activity. The applicant
also proposes to install an 8-inch diameter pipeline from the proposed wells
in State Tract 284 to a point on Stedman Island. The pipeline would be bored
a minimum of 25 feet under the Aransas Channel and Highway 361 to an upland
area on Stedman Island. The closest point of seagrass to the project is approximately
40 feet. A boom-type silt curtain will be used to minimize impacts to seagrass.
The curtain will be supported by a boom and will extend deeper than the deepest
seagrass. The silt curtain will be held in place by either small posts, or
2-foot by 2-foot stakes spaced approximately 25 feet to 50 feet apart. The
curtain will be placed seaward of the deep edge of the seagrass. All work
areas will be clearly marked. CCC Project No.: 03-0051-F1; Type of Application:
U.S.A.C.E. permit application #22953 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 CMP 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: Philemon L. Bruner; Location: The project is located on the
San Bernard River at 7567 County Road 868-A, Lot 1, Section 1, Bernard Acres
Subdivision, Brazoria County. The project can be located on the U.S.G.S. quadrangle
map entitled: Cedar Lane NE, Texas. Approximate UTM Coordinates: Zone: 15;
Easting: 252,887; Northing: 3,201,063. Project Description: The applicant
is requesting authorization to retain three unauthorized boatlift/pier structures
and two buoys. All three structures are located on the applicant's property.
One of the structures, built in the San Bernard River, is an approximately
1,019-square-foot pier with a covered boat hoist. The other two structures,
approximately 340 square feet each, are covered boat hoists built within an
unnamed tributary to the San Bernard River. CCC Project No.: 03-0052-F1; Type
of Application: U.S.A.C.E. permit application After-the-Fact #22943 is being
evaluated under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. §403).
Applicant: Moody Gardens, Inc.; Location: The project is located on the
south shoreline of Moody Gardens, in Galveston County.. The project can be
located on the U.S.G.S. quadrangle map entitled: Galveston, Texas. Approximate
UTM Coordinates: Zone: 15; Easting: 320,486; Northing: 3,239,500. Project
Description: The applicant proposes to construct a 300-foot-long day dock
to allow individuals with disabilities access to the Colonel Paddle Wheeler.
The proposed project would permanently impact approximately 0.057 acres of
wetlands. CCC Project No.: 03-0053-F1; Type of Application: U.S.A.C.E. permit
application #22826 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).
Applicant: Clem's Marina; Location: The project is located in Corpus Christi
Bay, adjacent to Packery Channel at 13304 South Padre Island Drive (under
the JFK Causeway) in Corpus Christi, Nueces County. The project can be located
on the U.S.G.S. quadrangle map entitled: Crane Islands NW, Texas. Approximate
UTM Coordinates: Zone: 14; Easting: 673887; Northing: 3057783. Project Description:
The applicant proposes to construct a bulkhead for erosion control and two
commercial piers with several boat slips to accommodate vessels of various
sizes. The bulkhead would be 133 feet long and would extend an average of
8 feet into waters of the U.S. between an existing boat ramp's landward end
cap and the existing bulkhead on the adjacent owner's property. The bulkhead
would require approximately 65 cubic yards of backfill behind it and would
cover an area approximately 1,130 square feet. In addition, the applicant
proposes a commercial boat dock with 14 slips that would extend 63 feet into
the bay. The dock would consist of a 4-by 38-fot walkway leading to a 40-foot-wide
by 157.5-foot-long walkway that is oriented parallel to the shoreline. Seven
finger piers, each 2.5-feet-wide by 20-feet- long, would be constructed perpendicular
to the walkway and spaced 20 feet apart along the walkway. Three pilings would
be installed parallel to and between the proposed finger piers to accommodate
boat lifts in each slip. The proposed boat slips would be covered with light-penetrating,
corrugated fiberglass sheets to form a roof. Water depth at the end of the
proposed boat slips is -5.5 feet Mean High Tide. In addition, the applicant
proposes to drive 6 pilings and construct a 4-foot-wide by 60-foot-long walkway
between the proposed dock and an existing boat ramp to accommodate two shrimp
boats. CCC Project No.: 03-0054-F1; Type of Application: U.S.A.C.E. permit
application #22940 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 CMP 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: Calhoun County; Location: The project is located in Calhoun
County, southeast of Port Lavaca, along the shoreline that runs parallel to
Ocean Drive and in front of the La Salle Monument. The project can be located
on the U.S.G.S. quadrangle map entitled: Port Lavaca East, Texas. Approximate
UTM Coordinates: Zone: 14; Easting: 743849; Northing: 3157981. Project Description:
The applicant proposes to armor approximately 600 linear feet of an unprotected
shoreline along Matagorda Bay to prevent further erosion, protect the La Salle
Monument and adjacent wetlands/marshes. Armoring would be accomplished by
placing a concrete revetment, in the form of cellular concrete mattresses
(CCM), riprap and fill along the shoreline from State 85+90 to Station 91+90.
The CCM, riprap, and fill would cover approximately 0.4 acres of waters of
the United States. Approximately 750 cubic yards of fill would be placed in
waters of the United States. The proposed fill would consist of 240 cubic
yards of CCM, 330 cubic yards of coarse aggregate, and 180 cubic yards of
riprap. Graded, coarse aggregate fill would be placed between the mattresses
and the existing riprap. The additional riprap would be placed at the toe
of the revetment to prevent scouring under the toe. CCC Project No: 03-0055-F1;
Type of Application: U.S.A.C.E. permit application #22964 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
CMP 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: San Jacinto Rail Line; Location: The project would be located
between the Bayport Loop petrochemical and plastic production facilities and
the former Galveston, Henderson & Houston Railroad (GH&H) line, currently
owned by the Union Pacific Railroad (UP). The proposed line is within the
city limits of Houston and Pasadena, Texas. The project can be located on
three U.S.G.S. quadrangle maps (Quad) Approximate UTM Coordinates for the
start of the proposed line are: Zone 15; Easting 290269.69; Northing: 37499.59
(Friendswood, Texas Quad). Approximate UTM Coordinates for the merger of the
proposed line and the existing UP line are: Zone 15; Easting: 294576.66; Northing:
3279147.68 (La Porte, Texas, Texas Quad). Approximate UTM Coordinates: Zone:
15; Easting: 304997.09; Northing: 3276380.54 (League City, Texas Quad). Project
Description: The applicant, San Jacinto Rail Limited (SJRL, formed on June
29, 2001, is a partnership of Burlington Northern Santa Fe Railroad, ATOFINA
Petrochemical, Basell USA, Equistar Chemicals, and Lyondell Chemical Company.
BayRail, a wholly owned subsidiary of Burlington Northern Santa Fe (BNSF),
will be the General Partner. SJRL will construct and own the railroad, while
BNSF will maintain and operate the line. Proposed alignment is 12.8 miles
long, and the cost is estimated to be $80 million. Operations will be at restricted
speed, not greater than 20 MPH. The applicant expects an average of two trains
per day, one into the Bayport Loop, one out of the Bayport Loop, seven days
per week. This translates to 13,000 loads per year, growing to 23,000 loads
per year by year six. Bayport Rail Terminal, an existing private operator,
will provide switching services to BNSF and will serve as the origin or destination
of trains from and to the Bayport area. They will also make up local trains
that will deliver empty cars to the plants and pick up loads at the plants.
The proposed project will include seven waterway crossings, including Armand
and Taylor bayous. The area of wetland impact will be approximately 2.82 acres,
including 0.32 acres of tidally-influenced wetlands and 2.5 acres of adjacent
wetlands. The applicant has proposed to mitigate impacts through a combination
of measures, including: 1) avoidance and minimization; 2) enhancement of existing,
degraded wetlands along the route; 3) purchase and deed restrict 24 acres
of bottomland hardwoods; 4) create a 3.5 acre wetland detention area; 5) purchase
and deed restrict 24 acres of native prairie habitat; and 6) incorporate stormwater
protection measures. The purpose of the project is to provide competitive
rail service, reliability, and additional track infrastructure to several
existing petrochemical industries in the Bayport Loop, an area north of Seabrook
and east of IH 45. The area is currently serviced only by the UP. The public
notice for this application is being reissued because the earlier public notice
issued on January 10, 2003, did not contain the latest version of the plans
that were available. The following five items are a summary of the avoidance
and minimization features of the refined project design as represented in
the December 2002 figures. (1) Revised typical cross-section and profile figures
illustrate the proposed berms and rock filter dams designed to minimize overall
effects on stormwater drainage patterns as a result of the project. (2) The
retention walls are to be constructed at Taylor Bayou to minimize impacts
to tidal emergent marsh by 0.24 acres to approximately 0.11 acres of fill.
This impact reduction is in addition to the previous 75% decrease in tidal
water and wetland impacts based on the modification of original alignment
1 to 1B, as was suggested by resource agencies. (3) Refined designs for the
three proposed stormwater detention and floodplain mitigation areas west of
Tributary 1, Armand Bayou and Big Island Slough, illustrate the proposal to
replant one-third of the 0.35-acre detention basin with native hardwood species
typical in the adjacent riparian habitat. The remaining two-thirds of the
site would be managed to control invasive woody species while encouraging
colonization of emergent wetland species. (4) The detention ponds near Tributary
1 and Armand Bayou will be created in areas that are currently heavily grazed
pasture habitats. Big Island Slough will be excavated in a previously disturbed
site that is dominated by a dense stand of Chinese tallow (
Sapium sebiferum
). The applicant proposes that the three detention
ponds will provide long-term benefits to the aquatic environment through flood
storage capacity and nutrient processing, while minimizing adverse environmental
effects. (5) Alignment 1C was the subject of detailed study by the Surface
Transportation Board and remains one of the alternatives that is still under
active consideration by the applicant. CCC Project No: 03-0056-F1; Type of
Application: U.S.A.C.E. permit application #22823 (Revised) 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
Surface Transportation Board, the lead federal agency, released a Draft Environmental
Impact Statement (DEIS) on this proposed project on December 6, 2002. The
public comment period is until February 21, 2003. The website for the Surface
Transportation Board is www.stb.dot.gov.
Applicant: Valero Refining. Location: The project is located on the Houston
Ship Channel, just downstream from the Intrastate 610 Loop, at the existing
Valero Refinery, at 9701 Manchester Street in Houston, Harris County. The
project can be located on the U.S.G.S. quadrangle map entitled: Pasadena,
Texas. Approximate UTM Coordinates: Zone: 15; Easting: 282467; Northing: 3289705.
Project Description: The applicant is requesting authorization to upgrade
an existing docking facility located on the Houston Ship Channel in an effort
to improve and modernize the terminal facility layout and operations of the
adjacent refiner, as well as to improve the safety of the overall area. The
project involves replacing two existing docks, the Traweek Dock and Barge
Dock #4, with two, new 30,000 Barrel Barge (BBL) docks, Dock 1A and 1B, which
are to be located shoreward of the existing docks. The new dock platforms
will measure approximately 2,500 square feet and will extend over the water
a distance of approximately 50 feet. In addition, the applicant will replace
approximately 600 linear feet of sheet pile bulkhead along the shoreline of
Dock 1B. This activity will be authorized under Nationwide Permit 13. The
applicant also proposes to install 16 breasting dolphin monopiles. The new
fender lines will be located approximately 120 feet from the edge of the channel.
Finally, the applicant requests authorization to mechanically dredge along
the existing shoreline, to a depth of -15 feet to accommodate the proposed
berths, Approximately 6,000 cubic yards of material will be excavated and
placed in uplands around existing tanks within boundaries of the refinery.
Currently, water depth along the shoreline ranges from 5 to 10 feet deep.
No wetlands or vegetated shallows will be impacted. CCC Project No: 03-0057-F1;
Type of Application: U.S.A.C.E. permit application #22950 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-200301569
Larry L. Laine
Chief Clerk/Deputy Land Commissioner, General Land Office
Coastal Coordination Council
Filed: March 5, 2003
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(s) during the period of February 21, 2003, through
February 27, 2003. The public comment period for these projects will close
at 5:00 p.m. on April 4, 2003.
FEDERAL AGENCY ACTIONS:
Applicant: El Paso Production Oil and Gas Company; Location: The project
will originate in High Island Block 115, Caisson No. 1 (Lease OCS-G 18936)
on the Outer Continental Shelf (OCS) and proceed in a east-northeasterly direction
approximately 62,969 feet (11.92 miles) to existing Platform A, High Island
Block 85 (Lease OCS-G 21349). Project Description: El Paso Production Oil
and Gas Company has submitted to Minerals Management Service (MMS) an application
for a Right-of-Way (ROW) easement 200 feet in width for the construction,
maintenance, and operation of a 10.75-inch bulk gas/condensate pipeline. The
proposed pipeline is to be installed in and/or through Blocks 115, 116, 117,
118, and 85, High Island Area, offshore Texas. The static volume of the proposed
pipeline is 610 bbls. Installation of the proposed pipeline will be accomplished
by utilizing a typical lay/bury barge. The pipeline will be jetted to a minimum
of 3 feet below the mudline and 5 feet within 200 feet of the platform and
caisson. CCC Project No.: 03-0060-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.
FEDERAL AGENCY ACTIVITIES
Applicant: U.S. Dept. of Commerce, National Oceanic and Atmospheric Administration,
National Marine Fisheries Service. Location: The project is in the coastal
pelagic resource areas of the Gulf of Mexico and South Atlantic and for reef
fish resource areas of the Gulf of Mexico. Project Description: This activity
is for a Corrected Amendment for a Charter Vessel/Headboat Permit Moratorium
Amending the Fishery Management Plan for the Coastal Migratory Pelagic Resources
of the Gulf of Mexico and South Atlantic (Amendment 14) and the Fishery Management
Plan for the Reef Fish Resources of the Gulf of Mexico (Amendment 20). This
corrected amendment will eliminate one eligibility criteria in the final rule
which states that the charter vessel/headboat permits for Gulf coastal migratory
pelagic fish or Gulf reef fish is limited to the following: an owner of a
vessel that had a valid Gulf charter vessel/headboat permit on the effective
date of the final rule (July 29, 2002). The corrected amendment also reopens
the application process for obtaining Gulf charter vessel/headboat moratorium
permits and extends the applicable deadlines; extends the expiration dates
of valid or renewable open access permits for these fisheries; and extends
the expiration date of the moratorium to account for the delay in implementation.
CCC Project No.: 03-0065-F2; Type of Application: This amendment is pursuant
to the provisions of 15 CFR Section 930, et seq. and Section 307 of the Coastal
Zone Management Act of 1972, as amended. NOTE: The CMP consistency review
for this project may be conducted by the Texas Parks & Wildlife Department.
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-200301570
Larry L. Laine
Chief Clerk/Deputy Land Commissioner, General Land Office
Coastal Coordination Council
Filed: March 5, 2003
Public Notice
Request for Proposal (RFP): The Concho Valley Workforce Development Board
(CVWDB) is seeking qualified parties to submit proposals for staffing and
management of its workforce centers, incorporating at a minimum, Workforce
Investment Act (WIA) programs; Choices/ Temporary Assistance to Needy Families
(TANF); Food Stamp Employment & Training (FSE&T); a separately funded
Local Coordination Grant and Wagner Peyser 7(b) grant for Skills Assessment.
Interested parties may obtain a copy of the RFP by sending a request to Cathy
Ballard via facsimile (915) 482-8900, or e-mail cathy.ballard@twc.state.tx.us.
Proposals will be accepted until 5:00 P.M. May 16, 2003 at the offices of
CVWDB, 36 East Twohig, Suite 810, San Angelo, TX 76903 or P. O. Box 2779,
San Angelo, TX 76902. A conference will be held on March 25, 2003 at 9:00
A.M. at the CVWDB offices at 36 East Twohig, Suite 860, San Angelo, TX 76903,
to answer questions for any party interested in submitting a Proposal. This
conference is not mandatory and parties that are unable to attend may post
questions to the fax number or e-mail address provided above until April 25,
2003 at 5:00 P.M. Responses to questions submitted by any party will be shared
with all other parties in writing. All responses will be answered no later
than 5:00 P.M. April 30, 2003. CVWDB reserves the right to accept or reject
any or all proposals. RFP will be released on request beginning at 9:00 A.M.
March 18, 2003.
TRD-200301573
Johnny Griffin
Executive Director
Concho Valley Workforce Development Board
Filed: March 5, 2003
The Concho Valley Workforce Development Board (CVWDB) will be releasing
a Request for Proposal (RFP) for One-Stop Operator for its workforce centers
in San Angelo, Texas and Brady, Texas in March, 2003, to include Workforce
Investment Act (WIA) programs; Choices/ Temporary Assistance to Needy Families
(TANF); Food Stamp Employment & Training (FSE&T); a separately funded
Local Coordination Grant and Wagner Peyser 7(b) grant for Skills Assessment
for a contract scheduled to begin September 1, 2003. The proposals will be
due May 16, 2003.
CVWDB is seeking an individual to write the scoring instrument to be used
based on the RFP (with board approval), evaluate and score proposals received,
and conduct a pre-award survey to include program and financial performance
and assist with contract negotiations. We invite you to respond if you are
interested in providing all of these services under the following provisions:
a. The individual evaluation contractor must provide a minimum of three
evaluators qualified by education and/or experience to independently review
and score contract proposals to operate the One Stop (workforce centers) located
in the Concho Valley.
b. The individual evaluation contractor must be able to assemble his or
her evaluation team in San Angelo in June 2003 to discuss proposals, finalize
scoring, and brief the board staff.
c. The individual evaluation contractor should respond with four individual
quotes: (1) a quote for total cost per RFP, to include any salaries, travel
expenses, lodging, meals, and incidental expenses to be incurred. (We need
only the total cost of the service per RFP, not a per-item breakdown); (2)
a quote for writing the scoring instrument; (3) a quote for the pre-award
survey, and (4) a quote for the contract negotiations.
Concho Valley Workforce Development Board will furnish sufficient copies
of the RFP to the individual evaluation contractor on March 18, 2003 at the
same time it is released to the public.
Responses to the RFP will be mailed to the evaluation team no later than
May 19, 2003.
Selection of the individual evaluation contractor will be based upon professional
experience. Interested parties should submit a resume with a letter of application
to:
Cathy Ballard
Contract Manager, WIA/ES
Concho Valley Workforce Development Board
36 E. Twohig, Suite 810
P. O. Box 2779
San Angelo, TX 76902
Telephone: (915) 655-2005
Fax: (915) 482-8900
Please respond by April 14, 2003
TRD-200301574
Johnny Griffin
Executive Director
Concho Valley Workforce Development Board
Filed: March 5, 2003
Notice of Rate Ceilings
The Consumer Credit Commissioner of Texas has ascertained the following
rate ceilings by use of the formulas and methods described in §§303.003,
303.005, 303.008, 303.009, 304.003, and 346.101, Texas Finance Code.
The weekly ceiling as prescribed by §303.003 and §303.009 for
the period of March 3, 2003 - March 9, 2003 is 18% for Consumer
1
/Agricultural/Commercial
2
/credit thru
$250,000.
The weekly ceiling as prescribed by §303.003 and §303.009 for
the period of March 3, 2003 - March 9, 2003 is 18% for Commercial over $250,000.
The monthly ceiling as prescribed by §303.005 and §303.009
The monthly ceiling as prescribed by §303.005 and §303.009 for
the period of March 1, 2003 - March 31, 2003 is 18% for Commercial over $250,000.
The standard quarterly rate as prescribed by §303.008 and §303.009
for the period of April 1, 2003 - June 30, 2003 is 18% for Consumer/Agricultural/Commercial/credit
thru $250,000.
The standard quarterly rate as prescribed by §303.008 and §303.009
for the period of April 1, 2003 - June 30, 2003 is 18% for Commercial over
$250,000.
The retail credit card quarterly rate as prescribed by §303.009
The lender credit card quarterly rate as prescribed by §346.101 Texas
Finance Code
1
for the period of April 1, 2003
- June 30, 2003 is 18% for Consumer/Agricultural/Commercial/credit thru $250,000.
The standard annual rate as prescribed by §303.008 and §303.009
The standard annual rate as prescribed by §303.008 and §303.009
for the period of April 1, 2003 - June 30, 2003 is 18% for Commercial over
$250,000.
The retail credit card annual rate as prescribed by §303.009
The judgment ceiling as prescribed by §304.003 for the period of March
1, 2003 - March 31, 2003 is 10% for Consumer/Agricultural/Commercial/credit
thru $250,000.
The judgment ceiling as prescribed §304.003 for the period of March
1, 2003 - March 31, 2003 is 10% for Commercial over $250,000.
1
Credit for personal, family or household
use.
2
Credit for business, commercial, investment
or other similar purpose.
3
For variable rate commercial transactions
only.
4
Only for open-end credit as defined in §301.002(14),
Texas Finance Code.
TRD-200301462
Leslie L. Pettijohn
Commissioner
Office of Consumer Credit Commissioner
Filed: February 27, 2003
The Consumer Credit Commissioner of Texas has ascertained the following
rate ceilings by use of the formulas and methods described in §303.003
and §303.009, Texas Finance Code.
The weekly ceiling as prescribed by §303.003 and §303.009 for
the period of March 10, 2003 - March 16, 2003 is 18% for Consumer
1
/Agricultural/Commercial
2
/credit thru
$250,000.
The weekly ceiling as prescribed by §303.003 and §303.009 for
the period of March 10, 2003 - March 16, 2003 is 18% for Commercial over $250,000.
1
Credit for personal, family or household
use.
2
Credit for business, commercial, investment
or other similar purpose.
TRD-200301535
Leslie L. Pettijohn
Commissioner
Office of Consumer Credit Commissioner
Filed: March 4, 2003
Request for Information
The Texas Commission for the Deaf and Hard of Hearing (TCDHH), through
the Specialized Telecommunications Assistance Program (STAP) hereby gives
notice of Request for Information (RFI). The primary purpose of the RFI is
to obtain information regarding adaptive telecommunications equipment or services
available to persons with disabilities that impair effective access to the
telephone network.
By authority of the Utilities Code, Chapter 56, TCDHH is designated to
assist persons with disabilities to obtain adaptive telecommunications devices
or services suitable to meet their needs for telephone access. TCDHH will
receive applications, determine eligibility and issue vouchers to be used
to purchase telecommunications devices or services for eligible individuals.
The voucher can only be used to purchase the equipment or service specified
on the voucher. Registered vendors will be reimbursed the face amount of the
voucher, or actual cost of the equipment or service, which ever is less, through
this program.
TCDHH is required to establish a reasonable price for basic telecommunications
devices or services for persons with disabilities. These prices established
will be used to establish the value of the voucher. To this end, TCDHH requests
that potential vendors provide information concerning available models of
equipment and service that could be purchased under this program and specify
prices for this equipment or service under the voucher program.
All equipment/services purchased under this program must be new. Used or
reconditioned equipment is not eligible for use with the voucher. Attach printed
data, which should be referenced and identified to the specific sections of
the RFI.
The RFI is for informational purposes only. To obtain a copy of or for
further information about the RFI contact Eileen Alter at (512) 407-3250,
(512) 407-3251/TTY or eileen.alter@tcdhh.state.tx.us. Responses must be received
in the TCDHH office by 5:00 p.m., April 17, 2003, at 4800 N. Lamar, Suite
100, Austin, TX 78756.
TRD-200301561
David W. Myers
Executive Director
Texas Commission for the Deaf and Hard of Hearing
Filed: March 5, 2003
Request for Quotes 03-90 Independent Reviewers for Youth Services Proposals
The Deep East Texas Workforce Development Board is seeking three qualified
individuals interested in serving as independent reviewers of proposals for
management and operations of youth services provided through the Workforce
Investment Act.
The Deep East Texas Local Workforce Development Board plans, oversees and
evaluates employment and training services to Angelina, Jasper, Newton, Nacogdoches,
Houston, Trinity, Shelby, Polk, San Augustine, San Jacinto, Sabine and Tyler
Counties.
RFP release date: Monday, March 3, 2003
Deadline for submission of proposals: 10:00 A.M., March 28, 2003
Requests for copies of the RFQ can be made to:
Chris Gaston, Procurement/Contract Manager
Deep East Texas Local Workforce Development Board, Inc.
1318 S. John Redditt Drive, Suite C
Lufkin, Texas 75904
Phone: (936) 639-8898 Fax: (936) 633-7491
Email: chris.gaston@twc.state.tx.us
TRD-200301528
Chris Gaston
Procurement/Contract Manager
Deep East Texas Local Workforce Development Board
Filed: March 4, 2003
The Deep East Texas Workforce Development Board is seeking three qualified
individuals interested in serving as independent reviewers of proposals for
management and operations of child care services provided through the Workforce
Investment Act.
The Deep East Texas Local Workforce Development Board plans, oversees and
evaluates employment and training services to Angelina, Jasper, Newton, Nacogdoches,
Houston, Trinity, Shelby, Polk, San Augustine, San Jacinto, Sabine and Tyler
Counties.
RFP release date: Monday, March 3, 2003
Deadline for submission of proposals: 10:00 A.M., March 28, 2003
Requests for copies of the RFQ can be made to:
Chris Gaston, Procurement/Contract Manager
Deep East Texas Local Workforce Development Board, Inc.
1318 S. John Redditt Drive, Suite C
Lufkin, Texas 75904
Phone: (936) 639-8898 Fax: (936) 633-7491
Email: chris.gaston@twc.state.tx.us
TRD-200301527
Chris Gaston
Procurement/Contract Manager
Deep East Texas Local Workforce Development Board
Filed: March 4, 2003
Request for Proposals Concerning National Comparative Data Study for Texas Assessment Program
Eligible Proposers. The Texas Education Agency (TEA) is requesting proposals
under Request for Proposals (RFP) #701-03-008 from nonprofit organizations,
institutions of higher education, private companies, and regional education
service centers, to provide national comparative data on student performance
for school years 2003-2004 and 2006-2007. Historically underutilized businesses
(HUBs) are encouraged to submit proposals or become subcontractors.
Description. The Texas Education Code (TEC), §39.028, requires that
the state assessment program obtain nationally comparative results for the
same subject areas and grade levels covered by the Texas Assessment of Knowledge
and Skills (TAKS) tests. The TAKS measures the statewide curriculum in reading
at Grades 3-9; in writing at Grades 4 and 7; in English Language Arts at Grades
10 and 11; in mathematics at Grades 3-11; in science at Grades 5,10, and 11;
and in social studies at Grades 8, 10, and 11. The TEA has previously contracted
to conduct a sample-based study using the Metropolitan Achievement Tests,
Seventh Edition (MAT7), to produce the required nationally comparative results.
The MAT7 consists of norm-referenced tests, or NRTs, which measure student
performance in relation to the performance of a norm group. The norm group
in this case consists of students from across the nation who have previously
taken the tests. Rather than test every student with an entire battery of
norm- referenced tests, the study selects samples of Texas students who take
only one subject-area test. This sampling procedure minimizes the disruption
of classrooms by reducing the amount of time required for test administration.
The next National Comparative Data Study is scheduled for October 13, 2003,
through November 21, 2003.
The TEC, Chapter 39, Subchapter B, mandates the assessment of student achievement
with criterion- referenced, knowledge- and skills-based tests. Based on the
requirements of the TEC, the assessment program evaluates the progress of
Texas students longitudinally and at critical checkpoints as an integral part
of a statewide accountability system. The accountability system measures the
quality of learning in Texas schools using academic excellence indicators
outlined in the TEC, Chapter 39, Subchapter C. The goals of public education,
as found in TEC, §4.002, consist of exemplary student performance in
reading, writing, mathematics, science, and social studies.
Dates of Project. All services and activities related to this proposal
will be conducted within specified dates. Proposers should plan for a starting
date of no earlier than May 29, 2003, and an ending date of no later than
August 31, 2007. One contract will be awarded to a single prime contractor
for the contract period. The TEA will hold the prime contractor solely accountable
for all the deliverables listed in the RFP regardless of whether they have
been subcontracted to other parties
Project Amount. Funding for this project period is subject to the availability
of funds appropriated by legislative act for the purposes stated. Subsequent
project funding will be based on satisfactory progress of first-year objectives
and activities and on general budget approval.
Selection Criteria. Proposals will be selected based on the ability of
each proposer to carry out all requirements contained in this RFP. The TEA
will base its selection on, among other things, the demonstrated competence
and qualifications of the proposer. The selection criteria and the review
process are specified in the RFP. The TEA reserves the right to select from
the highest-ranking proposals those that address all requirements in the RFP
and that are most advantageous to the project.
The TEA is not obligated to execute a resulting contract, provide funds,
or endorse any proposal submitted in response to this RFP. This RFP does not
commit TEA to pay any costs incurred before a contract is executed. The issuance
of this RFP does not obligate TEA to award a contract or pay any costs incurred
in preparing a response.
Requesting the Proposal. A complete copy of RFP #701-03-008 will be posted
at the Electronic State Business Daily at http://esbd.tbpc.state.tx.us/1380/sagency.cfm
on March 14, 2003. The RFP may also be obtained by writing the: Document Control
Center, Room 6-108, Texas Education Agency, William B. Travis Building, 1701
N. Congress Avenue, Austin, Texas 78701; by calling (512) 463-9304; by faxing
(512) 463-9811; or by e-mailing dcc@tea.state.tx.us. Please refer to the RFP
number and title in your request. Provide your name, complete mailing address,
and telephone number including area code.
Further Information. For clarifying information about this RFP, contact
Mark McAfee, Student Assessment Division, Texas Education Agency, (512) 463-9536.
Deadline for Receipt of Proposals. Proposals must be received in the Document
Control Center of the TEA by 5:00 p.m. (Central Time), Tuesday, May 6, 2003,
to be considered.
TRD-200301560
Cristina De La Fuente-Valadez
Manager, Policy Planning
Texas Education Agency
Filed: March 5, 2003
Enforcement Orders
The following notices were issued during the period of February 18, 2003
through March 3,2003.
The following require the applicants to publish notice in the newspaper.
The public comment period, requests for public meetings, or requests for a
contested case hearing may be submitted to the Office of the Chief Clerk,
Mail Code 105, P O Box 13087, Austin Texas 78711-3087, WITHIN 30 DAYS OF THE
DATE OF NEWSPAPER PUBLICATION OF THIS NOTICE.
ANN ARUNDEL FARMS, LTD. has applied for a new permit, proposed Texas Pollutant
Discharge Elimination System (TPDES) Permit No. 14182-001, to authorize the
discharge of treated domestic wastewater at a daily average flow not to exceed
600,000 gallons per day. The facility is located approximately 3,700 feet
southwest of the intersection of Harlem Road and Farm-to-Market Road 1093
in Fort Bend County, Texas.
CITY OF AVINGER has applied for a new permit, proposed Texas Pollutant
Discharge Elimination System (TPDES) Permit No. 14399-001, to authorize the
discharge of treated domestic wastewater at a daily average flow not to exceed
120,000 gallons per day. The facility is located approximately 0.4 mile north
of the intersection of State Highway 155 and State Highway 49 in the City
of Avinger in Cass County, Texas.
CITY OF CLEBURNE has applied for a major amendment to TPDES Permit No.
10006-001 to authorize an increase in the discharge of treated domestic wastewater
from a combined annual average flow not to exceed 6,250,000 gallons per day
to a combined annual average flow not to exceed 7,500,000 gallons per day
for Outfalls 001 and 002. The amendment requests to remove effluent limitations
and monitoring requirements for Cyanide. The draft permit does not remove
effluent limitations and monitoring requirements for Cyanide and instead reduces
the frequency of monitoring requirements for Cyanide based on effluent data.
The facility is located on the north side of Buffalo Creek, approximately
1 mile southwest of the intersection of State Highway 174 and State Highway
171 in Johnson County, Texas. The treated effluent is discharged to Buffalo
Creek; thence to the Nolan River (Outfall 001), and/or to West Buffalo Creek;
thence to Buffalo Creek; thence to the Nolan River (Outfall 002) in Segment
No. 1227 of the Brazos River Basin.
CMH PARKS, INC. has applied for a renewal of TPDES Permit No. 12218-001,
which authorizes the discharge of treated domestic wastewater at a daily average
flow not to exceed 122,000 gallons per day. The facility is located at 14022
Walters Road approximately 3.5 miles west of Interstate Highway 45 and 0.75
mile south of Farm-to-Market Road 1960 in Harris County, Texas.
CONOCO PHILLIPS PETROLEUM COMPANY has applied for a major amendment to
TNRCC Permit No. 01064 to authorize a chemical-specific limitation for ammonia-nitrogen
in lieu of a whole effluent toxicity limitation applicable to discharges via
Outfall 001; to obtain a temporary variance from the Texas Surface Water Quality
Standards for selenium applicable for discharges via Outfall 001; to authorize
the discharge of reverse osmosis reject water via Outfall 001; and to authorize
the discharge of storm water on an intermittent and flow variable basis via
Outfalls 005, 006, 007, 008, 009, 010, 011, 012, 013, 014, 015, and 016. The
current permit authorizes the discharge of treated wastewater at a daily average
flow not to exceed 7,100,000 gallons per day via Outfall 001, and storm water
on an intermittent and flow variable basis via Outfall 002, 003, and 004 which
will remain the same for all outfalls. Issuance of this Texas Pollutant Discharge
Elimination System (TPDES) permit will replace the existing NPDES Permit No.
TX0009148 issued on August 11, 1995 and TNRCC Permit No. 01064, issued on
April 15, 1994. The applicant operates the Borger Complex, a petroleum refinery,
natural gas liquids processing center, and chemical manufacturing plant. The
plant site is located adjacent to State Highway 119 approximately one mile
north of the intersection of State Highway 246 and State Highway 119 near
the City of Borger, Hutchison County, Texas. The applicant has also requested
a temporary variance to the existing water quality standards for the water
quality based criteria for selenium for Dixon Creek in Segment No. 0101 of
the Canadian River Basin. The variance would authorized a three year period
for the permittee to discharge while the Environmental Protection Agency considers
whether to approve the site-specific standards adopted by the Commission on
August 17, 2000 or to require the existing water quality standards to remain
in effect.
CITY OF DALLAS has applied for a major amendment to TPDES Permit No. 10060-001
to authorize an increase in the 2-hour peak flow discharge of treated domestic
wastewater from a flow not to exceed 243,056 gallons per minute to a flow
not to exceed 277,800 gallons per minute. The facility is located on the west
bank of the Trinity River at 1020 Sargent Road in the City of Dallas in Dallas
County, Texas.
CITY OF GOODLOW has applied for a renewal of TPDES Permit No. 12616-001,
which authorizes the discharge of treated domestic wastewater at a daily average
flow not to exceed 60,000 gallons per day. The facility is located approximately
two miles south of the intersection of State Highway 31 and State Highway
309 on the west side of State Highway 309 in Navarro County, Texas.
HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 49 has applied for a renewal
of TPDES Permit No. 11919-001, which authorizes the discharge of treated domestic
wastewater at a daily average flow not to exceed 200,000 gallons per day.
The facility is located at 14907 Ralston Road approximately 400 feet north
of the Beltway 8 and approximately 2,500 feet east of Garners Bayou in Harris
County, Texas.
HARRIS COUNTY WATER CONTROL AND IMPROVEMENT DISTRICT NO. 1, has applied
for a renewal with changes of TPDES Permit No. 10104-001, which authorizes
the discharge of treated domestic wastewater at an annual average flow not
to exceed 2,350,000 gallons per day. The permittee has requested removal of
Other Requirement No. 8 that specifies the minimum depth and distance from
the shoreline at which the effluent shall be discharge. The facility is located
at 611 Avenue E at the west end of Avenue E on the east shoreline of White's
Lake in the Community of Highlands in Harris County, Texas.
H.I.S. INSTEAD, INC. has applied for a new permit, Proposed Permit No.
14395-001, to authorize the disposal of treated domestic wastewater at a daily
average flow not to exceed 22,000 gallons per day via drip irrigation of 5.1
acres of land. This permit will not authorize a discharge of pollutants into
waters in the State. The facility and disposal site are located approximately
1,700 feet due east of a point on State Highway 300, which is approximately
2,900 feet north of the intersection of Gregg Tex Road and State Highway 300
and 3,500 feet south of the intersection of State Highway 300 and Farm-to-Market
Road 1844 in Gregg County, Texas. The facility and disposal site are located
in the drainage basin of Grace Creek in Segment No. 0505 of the Sabine River
Basin.
LAPOYNOR INDEPENDENT SCHOOL DISTRICT has applied for a renewal of TPDES
Permit No. 13538-001, which authorizes the discharge of treated domestic wastewater
at a daily average flow not to exceed 12,000 gallons per day. The facility
is located on the La Poynor I.S.D. campus, approximately 2 miles southeast
of the intersection of U.S. Highway 175 and Farm-to- Market Road 2588 in Henderson
County, Texas.
MONTGOMERY COUNTY MUNICIPAL UTILITY DISTRICT NO. 15 has applied for a renewal
of TPDES Permit No. 11395-001, which authorizes the discharge of treated domestic
wastewater at a daily average flow not to exceed 300,000 gallons per day.
The facility is located on Gleneagles Drive, approximately 5,000 feet north
of Needham Road in Montgomery County, Texas.
SUNOCO, INC. (R & M) which operates a polypropylene manufacturing plant,
has applied for a major amendment to TPDES Permit No. 02107 to authorize less
stringent effluent limitations for total copper at Outfalls 001 and 002. The
current permit authorizes the discharge of treated effluent consisting of
process wastewater, domestic sewage, utility waters, process area storm water
runoff, and non-process area storm water runoff at a daily average flow not
to exceed 422,000 gallons per day via Outfall 001; the discharge of cooling
tower blowdown and non-process area storm water runoff at a daily average
dry weather flow not to exceed 323,000 gallons per day via Outfall 002; and
the discharge of process area and non-process area storm water runoff on an
intermittent and flow variable basis via Outfall 003. The facility is located
at 8811 Strang Road, approximately 1000 feet east of the intersection of Strang
Road and State Highway 225; and approximately 3.5 miles northwest of the City
of LaPorte, Harris County, Texas.
TRAVIS LYNN BISHOP has applied for a new permit, proposed TPDES Permit
No. 14388- 001, to authorize the discharge of treated domestic wastewater
at a daily average flow not to exceed 115,000 gallons per day. The facility
is located 3.5 miles west of Interstate Highway 45 along Longstreet Road,
200 feet north of Longstreet Road and 150 feet west of Enchanted Water Drive
in Montgomery County, Texas.
Written comments or requests for a public meeting may be submitted to the
Office of the Chief Clerk, at the address provided in the information section
above, WITHIN 30 DAYS OF THE ISSUED DATE OF THIS NOTICE
DIOCESE OF GALVESTON-HOUSTON has applied for a minor amendment to the Texas
Pollutant Discharge Elimination System (TPDES) permit to authorize the use
of UV disinfection, rather than chlorination. The facility will be located
approximately 7 miles southeast of the intersection of Farm-to-Market Road
1488 and State Highway 249 in Montgomery County, Texas.
TRD-200301536
LaDonna Castañuela
Chief Clerk
Texas Commission on Environmental Quality
Filed: March 4, 2003
Notices mailed during the period February 19, 2003 through February 20,
2003.
TCEQ Internal Control No. 11252002-D03; 194 Bush, Ltd. (Petitioner) filed
a petition for creation of Hays County Municipal Utility District No. 4 (District)
with the Texas Commission on Environmental Quality (TCEQ). The petition was
filed pursuant to Article XVI, Section 59 of the Constitution of the State
of Texas; Chapters 49 and 54 of the Texas Water Code; 30 Texas Administrative
Code Chapter 293; and the procedural rules of the TCEQ. The petition states
that: (1) the petitioner is the owner of a majority in value of the land to
be included in the proposed District; (2) there is one lienholder on land
to be included in the proposed District and the lienholder has consented to
the petition; (3) the proposed District will contain approximately 194 acres
located within Hays County, Texas; and (4) the proposed District is within
the extraterritorial jurisdiction of the City of Dripping Springs, Texas,
and is not within such jurisdiction of any other city. By Resolution No. 2002-9,
adopted July 23, 2002, the City of Dripping Springs, Texas, gave its consent
to create the proposed District. According to the petition, the Petitioner
has conducted a preliminary investigation to determine the cost of the project,
and from the information available at the time, the cost of the project is
estimated to be approximately $21,834,000.
TCEQ Internal Control No. 10022002-D02; Cross Roads Water Supply Corporation
(Petitioner) has filed a petition with the Texas Commission on Environmental
Quality (TCEQ) to convert Cross Roads Water Supply Corporation to Cross Roads
Special Utility District and to transfer Certificate of Convenience and Necessity
(CCN) No. 11469 from Cross Roads Water Supply Corporation to Cross Roads Special
Utility District. Cross Roads Special Utility District's business address
will be P.O. Box 1001, 4388 CR 191 E, Kilgore, Texas 75663. The petition was
filed pursuant to Chapters 13 and 65 of the Texas Water Code; 30 Texas Administrative
Code Chapters 291 and 293; and the procedural rules of the TCEQ. The proposed
District is located in Rusk and Gregg Counties and will contain approximately
23.8 square miles. The territory to be included within the proposed District
includes all of the singly certified service area covered by CCN No. 11469.
CCN No. 11469 will be transferred after a positive confirmation election.
TCEQ Internal Control No. 11072002-D05; Lake Conroe Hills Municipal Utility
District of Montgomery County (the District) has applied to the Texas Commission
on Environmental Quality (TCEQ) for authority to adopt and impose an annual
uniform operations and maintenance (O & M) standby fee of $90 per equivalent
single family connection per year and $228 per acre per year for the calendar
years 2003, 2004, and 2005 against all undeveloped lots (vacant equivalent
single-family connection (ESFCs)) in Lake Conroe Hills Section 1, 2 and 3
Subdivisions, which have available water, wastewater, and/or drainage facilities
and services. The application was filed pursuant to Chapter 49 of the Texas
Water Code, 30 Texas Administrative Code Chapter 293, and under the procedural
rules of the TCEQ. The Commission may or may not approve the standby fee application,
or it may approve a lower standby fee, but it shall not approve a standby
fee greater than the amount requested. The standby fee, if approved, is a
personal obligation of the person owning the undeveloped property as of the
time for which the fee is assessed. A person is not relieved of his pro-rated
share of the standby fee obligation on transfer of title to the property.
A lien may be attached to the undeveloped property to secure payment of any
standby fee imposed and the interest or penalty, if any, on the fee. The lien
has the same priority as a lien for taxes of the District. The standby fee,
if approved, will be billed by the District. The purpose of standby fees is
to distribute a fair portion of the cost burden for the supplementation of
the operations and maintenance account to owners of property who have not
constructed vertical improvements but have water, wastewater or drainage facilities
or capacity available.
TCEQ Internal Control No. 12182002-D03; Mountain Peak Water Supply Corporation
(Petitioner) has filed a petition with the Texas Commission on Environmental
Quality (TCEQ) to convert Mountain Peak Water Supply Corporation to Mountain
Peak Special Utility District and to transfer Certificate of Convenience and
Necessity (CCN) No. 10908 from Mountain Peak Water Supply Corporation to Mountain
Peak Special Utility District. Mountain Peak Special Utility District's business
address will be 5671 Waterworks Road, Midlothian, Texas 76065. The petition
was filed pursuant to Chapters 13 and 65 of the Texas Water Code; 30 Texas
Administrative Code Chapters 291 and 293; and the procedural rules of the
TCEQ. The proposed District is located in Ellis and Johnson Counties and will
contain approximately 72.2 square miles. The territory to be included within
the proposed District includes all of the singly certified service area covered
by CCN No. 10908. CCN No. 10908 will be transferred after a positive confirmation
election.
INFORMATION SECTION
The TCEQ may grant a contested case hearing on these petitions if a written
hearing request is filed within 30 days after the newspaper publication of
the notice. To request a contested case hearing, you must submit the following:
(1) your name (or for a group or association, an official representative),
mailing address, daytime phone number, and fax number, if any; (2) the name
of the petitioner and the TCEQ Internal Control Number; (3) the statement
"I/we request a contested case hearing"; (4) a brief description of how you
would be affected by the petition in a way not common to the general public;
and (5) the location of your property relative to the proposed district's
boundaries. You may also submit your proposed adjustments to the petition
which would satisfy your concerns. Requests for a contested case hearing must
be submitted in writing to the Office of the Chief Clerk at the address provided
in the information section below.
The Executive Director may approve the petitions unless a written request
for a contested case hearing is filed within 30 days after the newspaper publication
of the notice. If a hearing request is filed, the Executive Director will
not approve the petition and will forward the petition and hearing request
to the TCEQ Commissioners for their consideration at a scheduled Commission
meeting. If a contested case hearing is held, it will be a legal proceeding
similar to a civil trial in state district court.
Written hearing requests should be submitted to the Office of the Chief
Clerk, MC 105, TCEQ, P.O. Box 13087, Austin, Texas 78711-3087. For information
concerning the hearing process, please contact the Public Interest Counsel,
MC 103, the same address. For additional information, individual members of
the general public may contact the Office of Public Assistance, at 1-800-687-4040.
General information regarding the TCEQ can be found at our web site at www.tceq.state.tx.us.
TRD-200301417
LaDonna Castañuela
Chief Clerk
Texas Commission on Environmental Quality
Filed: February 26, 2003
Notice mailed February 27, 2003.
TCEQ Internal Control No. 12102002-D11; Exxon Land Development, Inc., (Petitioner)
filed a petition for creation of Harris County Municipal Utility District
No. 396 (District) with the Texas Commission on Environmental Quality (TCEQ).
The petition was filed pursuant to Article XVI, Section 59 of the Constitution
of the State of Texas; Chapters 49 and 54 of the Texas Water Code; 30 Texas
Administrative Code Chapter 293; and the procedural rules of the TCEQ. The
petition states that: (1) the petitioner is the owner of a majority in value
of the land to be included in the proposed District; (2) that there are no
lienholders on the property to be included in the proposed District; (3) the
proposed District will contain approximately 485.768 acres located within
Harris County, Texas; and (4) the proposed District is within the extraterritorial
jurisdiction of the City of Houston, Texas, and is not within the jurisdiction
of any other city. By Ordinance No. 2002-1112, effective December 10, 2002,
the City of Houston, Texas, gave its consent to create the proposed District.
According to the petition, the Petitioner has conducted a preliminary investigation
to determine the cost of the project, and from the information available at
the time, the cost of the project is estimated to be approximately $33,100,000.
INFORMATION SECTION
The TCEQ may grant a contested case hearing on these petitions if a written
hearing request is filed within 30 days after the newspaper publication of
the notice. To request a contested case hearing, you must submit the following:
(1) your name (or for a group or association, an official representative),
mailing address, daytime phone number, and fax number, if any; (2) the name
of the petitioner and the TCEQ Internal Control Number; (3) the statement
"I/we request a contested case hearing"; (4) a brief description of how you
would be affected by the petition in a way not common to the general public;
and (5) the location of your property relative to the proposed district's
boundaries. You may also submit your proposed adjustments to the petition
which would satisfy your concerns. Requests for a contested case hearing must
be submitted in writing to the Office of the Chief Clerk at the address provided
in the information section below.
The Executive Director may approve the petitions unless a written request
for a contested case hearing is filed within 30 days after the newspaper publication
of the notice. If a hearing request is filed, the Executive Director will
not approve the petition and will forward the petition and hearing request
to the TCEQ Commissioners for their consideration at a scheduled Commission
meeting. If a contested case hearing is held, it will be a legal proceeding
similar to a civil trial in state district court.
Written hearing requests 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, 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-200301553
LaDonna Castañuela
Chief Clerk
Texas Commission on Environmental Quality
Filed: March 5, 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
April 14, 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 April 14, 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: APM Enterprises Inc. dba Al's Corner Store; DOCKET NUMBER:
2001-1483-PST-E; TCEQ ID NUMBER: 28962; LOCATION: 5407 San Pedro, San Antonio,
Bexar County, Texas; TYPE OF FACILITY: convenience store with retail sales
of gasoline; RULES VIOLATED: 30 TAC §334.8(c)(4)(B), and TWC, §26.346(a),
by failing to accurately complete and submit the underground storage tank
(UST) registration and self-certification form to the agency in a timely manner;
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 USTs; 30 TAC §334.10(b)(1)(B), by failing to maintain
in a secure location on the premises and immediately available for inspection
upon request by agency personnel, legible copies of all required records pertaining
to the UST system; 30 TAC §334.8(c)(5)(B)(ii), by failing, prior to the
expiration of the facility's delivery certificate, to renew the delivery certificate
with a timely and proper submission of a new UST registration and self-certification
form to the agency; PENALTY: $4,000; STAFF ATTORNEY: Robin Chapman, Litigation
Division, MC 175, (512) 239-0497; REGIONAL OFFICE: San Antonio Regional Office,
14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.
(2) COMPANY: Faye Smien dba Linda's Quick Stop; DOCKET NUMBER: 2002-0841-PST-E;
TCEQ ID NUMBER: 33682; LOCATION: Route 2, 777 Estates, Bell County, Texas;
TYPE OF FACILITY: underground storage tanks; RULES VIOLATED: 30 TAC §334.49(a)
and TWC, §26.3475, by failing to provide corrosion protection for the
UST system; 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 USTs; 30 TAC §334.50(a)(1)(A) and TWC, §26.3475,
by failing to provide release detection for the UST system; 30 TAC §334.7(d)(3)
and TWC, §26.346, by failing to amend, update, or change the UST registration;
30 TAC §334.47(a)(2), by failing to permanently remove from service any
existing UST system that was not brought into timely compliance with upgrade
requirements; 30 TAC §334.22(a), by failing to pay UST fees; PENALTY:
$9,975; STAFF ATTORNEY: David Speaker, Litigation Division, MC 175, (512)
239-2548; REGIONAL OFFICE: Waco Regional Office, 6801 Sanger Avenue, Suite
2500, Waco, Texas 76710-7826, (254) 751-0335.
(3) COMPANY: Kaif Kalolwala dba Raj Transport Company; DOCKET NUMBER: 2001-0848-PST-E;
TCEQ ID NUMBER: none; LOCATION: 14403 Barkerview Court, Houston, Harris County,
Texas; TYPE OF FACILITY: fuel distribution business; RULES VIOLATED: 30 TAC §334.5(b)(1)(A),
by failing to ensure that the owner or operator of the facility had a valid,
current delivery certificate issued by the TCEQ covering that UST system prior
to depositing a regulated substance into the UST system; PENALTY: $2,500;
STAFF ATTORNEY: Alfred Okpohworho, Litigation Division, MC R-12, (713) 422-8918;
REGIONAL OFFICE: Houston Regional Office, 5425 Polk Avenue, Suite H, Houston,
Texas 77023-1486, (713) 767-3500.
(4) COMPANY: Proton PRC, LTD.; DOCKET NUMBER: 2002-0557-PST-E; TCEQ ID
NUMBER: none; LOCATION: 2222 West Main, Gun Barrel City, Henderson County,
Texas; TYPE OF FACILITY: gasoline station; 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.
TRD-200301530
Paul C. Sarahan
Director, Litigation Division
Texas Commission on Environmental Quality
Filed: March 4, 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
April 14, 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 April 14, 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: Everest Exploration, Incorporated; DOCKET NUMBER: 2001-0828-UIC-E;
TCEQ ID NUMBER: 168; LOCATION: approximately one mile south of Hobson along
Farm-to-Market Road 81, Karnes County, Texas; TYPE OF FACILITY: uranium production;
RULES VIOLATED: TCEQ Waste Disposal Well Permit Number 168, Sections XII.
C - E, by failing to inspect the pond liner and pond monitor well on a weekly
basis, the dikes on a quarterly basis, and the pond freeboarding and piping
on a daily basis, and failing to notify the executive director when the freeboard
decreased to less than two feet; 30 TAC §331.64(f)(1) and TCEQ Waste
Disposal Well Permit Number 168, Section VIII.A and H, by failing to monitor
the annulus fluid levels and the corrosion of the well materials; TCEQ Waste
Disposal Well Permit Number 168, Section V.D. by failing to measure the specific
gravity of the injected waste at 78 degrees Fahrenheit; 30 TAC §331.64(c),
and TCEQ Waste Disposal Well Permit Number 168, Section VII.A, by failing
to maintain continuous recording devices in proper operating condition; 30
TAC §331.64(c)(1), by failing to install an automatic alarm system at
the well designed to sound and shut-in the well when pressures and flow rates
exceed range and/or gradient specified in the permit; 30 TAC §331.63(f),
by failing to calibrate gauges, pressure sensing devices, and recording devices
on a quarterly basis; 30 TAC §37.21 and §37.201(c), by failing to
revise its trust agreement to conform to the wording requirements of 30 TAC §37.301(a)
and (b); PENALTY: $600; 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.
(2) COMPANY: Nutro Products Corporation; DOCKET NUMBER: 2000-1374-IHW-E;
TCEQ ID NUMBER: 32026; LOCATION: 7610 Wallisville Road, Houston, Harris County,
Texas; TYPE OF FACILITY: specialty chemical manufacturing; RULES VIOLATED:
30 TAC §335.2(a), by failing to obtain a permit to receive and store
industrial solid waste; 30 TAC §335.62 and §335.504, and 40 Code
of Federal Regulations (CFR), §262.11, by failing to conduct a hazardous
waste determination, and for any nonhazardous waste, waste classification,
on at least eight waste streams generated at the facility; 30 TAC §335.6(b),
by failing to update the notice of registration with all solid waste streams
and waste management units; 30 TAC §335.4(1) and TWC, §26.121, by
failing to prevent in at least seven areas at the facility industrial solid
waste discharges, the imminent threat of discharge, or any other act or activity
which in itself, or in conjunction with any other discharge or activity, causes
or will cause pollution of any of the waters in the state; 30 TAC §335.9(a)(1)(A)
- (F), by failing to keep records of all hazardous and industrial solid waste
activities; 30 TAC §335.9(a)(2), by failing to submit all required annual
waste summaries; 30 TAC §335.475(5), by failing to have a source reduction
and waste minimization plan by the required date; 30 TAC §335.69(f)(5)(A)
and (D), and 40 CFR, §262.34(d)(5)(i) and (iv), by failing to designate
an emergency response coordinator; 30 TAC §335.69(f)(5)(B) and 40 CFR, §262.34(d)(5)(ii),
by failing to post emergency information next to the telephones; 30 TAC §335.69(f)(5)(C)
and 40 CFR, §262.34(d)(5)(iii), by failing to provide personnel training
with regard to proper waste handling and emergency procedures; 30 TAC §335.69(f)(4)
and 40 CFR, §§262.34(d)(4), 265.33, and 265.37(a), by failing to
test and maintain emergency response equipment, to make arrangements with
emergency response contractors, and to familiarize local authorities with
emergency related procedures; 30 TAC §335.69(f)(2) and 40 CFR§262.34(d)(2)
and §265.174, by failing to inspect containers of hazardous waste for
leaks and deterioration on a weekly basis; PENALTY: $600; STAFF ATTORNEY:
Robin Chapman, Litigation Division, MC 175, (512) 239-0497; REGIONAL OFFICE:
Houston Regional Office, 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486,
(713) 767-3500.
(3) COMPANY: Young Brothers, Inc., Contractors; DOCKET NUMBER: 2001-0484-MSW-E;
TCEQ ID NUMBER: 455090073; LOCATION: 2001Marlin Highway, Waco, McLennan County,
Texas; TYPE OF FACILITY: unauthorized waste disposal site; RULES VIOLATED:
30 TAC §330.5 and TWC, §26.121, by failing to properly dispose of
construction debris and other solid waste; 30 TAC §328.60, by failing
to obtain a scrap tire storage site registration for storage of more than
500 tires; PENALTY: $14,000; STAFF ATTORNEY: Darren Ream, Litigation Division,
MC R-4, (817) 588-5878; REGIONAL OFFICE: Waco Regional Office, 6801 Sanger
Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.
TRD-200301529
Paul C. Sarahan
Director, Litigation Division
Texas Commission on Environmental Quality
Filed: March 4, 2003
In accordance with the requirements of Texas Government Code, Chapter 2001,
Subchapter B, the Texas Commission on Environmental Quality (TCEQ or commission)
will conduct a public hearing to receive comments concerning the proposed
new sections to 30 TAC Chapter 90, Regulatory Flexibility and Environmental
Management Systems.
The proposed revisions to Chapter 90 implement Texas Water Code, §5.755,
added by House Bill 2912, 77th Legislature, 2001, which directs the commission
to develop an initial rule for a strategically directed regulatory structure
that will provide incentives for enhanced environmental performance based
on a person's compliance history classification and voluntary measures undertaken
by the person to improve environmental quality. A person may apply for regulatory
incentives by meeting the criteria regarding compliance history and voluntary
measures and either the regulatory flexibility requirements found in Chapter
90, Subchapter B; the requirements for using an environmental management system
found in Chapter 90, Subchapter C; the requirements for flexible permits under
30 TAC Chapter 116; or the requirements for programs authorized as innovative
by the executive director. A person may not apply for incentives under the
occupational licensing programs or other programs specifically exempted by
statute. These proposed rules also contain provisions that provide for a single
point of contact within the agency for innovative programs; allow the person
or executive director to terminate the regulatory incentives granted under
these rules; and require the applicant to provide notice and allow an opportunity
for public comment.
A public hearing on this proposal will be held in Austin on March 27, 2003
at 2:00 p.m., in Building F, Room 2210 at the commission's central office
located at 12100 Park 35 Circle. The hearing will be structured for the receipt
of oral or written comments by interested persons. Individuals may present
oral statements when called upon in order of registration. There will be no
open discussion during the hearing; however, an agency staff member will be
available to discuss the proposal 30 minutes prior to the hearing and will
answer questions before and after the hearing.
Comments may be submitted to Joyce Spencer, Office of Environmental Policy,
Analysis, and Assessment, MC 205, P.O. Box 13087, Austin, Texas 78711-3087
or faxed to (512) 239-4808. Comments must be received by 5:00 p.m., April
7, 2003, and should reference Rule Log Number 2001-072-090-AD. This proposal
is available on the commission's web site at
http://www.tnrcc.state.tx.us/oprd/rules/propadopt.html
. For further information, please contact Kathy Ramirez, Policy and
Regulations Division at (512) 239-6757.
TRD-200301548
Stephanie Bergeron
Director, Environmental Law Division
Texas Commission on Environmental Quality
Filed: March 5, 2003
An Agreed Order was entered regarding Johnson Utilities, Inc. dba Branchwood
WSC, Docket No. 2002-0061-PWS-E on February 26, 2003 assessing $500 in administrative
penalties.
Information concerning any aspect of this order may be obtained by contacting
John Sumner, Staff Attorney at (915)620-6118, Texas Commission on Environmental
Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An Agreed Order was entered regarding IZR Corporation dba Garland Fina,
Docket No. 2002- 0573-PST-E on February 26, 2003 assessing $750 in administrative
penalties.
Information concerning any aspect of this order may be obtained by contacting
Troy Nelson, Staff Attorney at (903)525-0380, Texas Commission on Environmental
Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An Agreed Order was entered regarding Woodbine Water Supply Corporation,
Docket No. 2002-0861-PWS-E on February 26, 2003 assessing $2,938 in administrative
penalties.
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 Bettye Irby dba Wayne Irby Oil Company,
Docket No. 2002-0385-PST-E on February 26, 2003 assessing $3,000 in administrative
penalties with $1,800 deferred.
Information concerning any aspect of this order may be obtained by contacting
Gary Shipp, Enforcement Coordinator at (806)796-7092, Texas Commission on
Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An Agreed Order was entered regarding Victoria County WCID No. 2, Docket
No. 2002-0551- PWS-E on February 26, 2003 assessing $500 in administrative
penalties with $100 deferred.
Information concerning any aspect of this order may be obtained by contacting
Edward Moderow, Enforcement Coordinator at (361)825-3288, 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- 0973-PST-E on February 26, 2003 assessing $1,500 in administrative
penalties with $300 deferred.
Information concerning any aspect of this order may be obtained by contacting
Dan Landenberger, Enforcement Coordinator at (915)570-1359, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An Agreed Order was entered regarding Spidle & Spidle, Inc., Docket
No. 2002-0315-PST-E on February 26, 2003 assessing $500 in administrative
penalties with $100 deferred.
Information concerning any aspect of this order may be obtained by contacting
Susan Kelly, Enforcement Coordinator at (409)899-8704, Texas Commission on
Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An Agreed Order was entered regarding Sitton Oil & Marine Company Inc.,
Docket No. 2002- 0917-PST-E on February 26, 2003 assessing $500 in administrative
penalties with $100 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 Shelbyville Independent School District,
Docket No. 2002-0975-MWD-E on February 26, 2003 assessing $8,125 in administrative
penalties.
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 Sarbali Oil, Inc. dba Jasper Fuel
Company, Docket No. 2002-0894-PST-E on February 26, 2003 assessing $2,500
in administrative penalties with $500 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 Abdel Abunijmeh dba Star 1, Docket
No. 2002-0504- PST-E on February 26, 2003 assessing $4,500 in administrative
penalties with $900 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 HMW Special Utility District dba
Kickapoo Farms Subdivision, Docket No. 2002-0455-PWS-E on February 26, 2003
assessing $7,400 in administrative penalties with $30 deferred.
Information concerning any aspect of this order may be obtained by contacting
Catherine Albrecht, Enforcement Coordinator at (713)767-3672, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An Agreed Order was entered regarding Go-Crete, Docket No. 2002-0572-PST-E
on February 26, 2003 assessing $2,000 in administrative penalties with $400
deferred.
Information concerning any aspect of this order may be obtained by contacting
Michael Meyer, Enforcement Coordinator at (512)239-4492, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An Agreed Order was entered regarding Nadir Ali dba Get N Go #1, Docket
No. 2002-0473- PST-E on February 26, 2003 assessing $19,375 in administrative
penalties.
Information concerning any aspect of this order may be obtained by contacting
Katharine Hodgins, SEP Coordinator at (512)239-6122, Texas Commission on Environmental
Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An Agreed Order was entered regarding Jaishnu Malhotra dba J. A. M. Food
Store, Docket No. 2002-0670-PST-E on February 26, 2003 assessing $5,500 in
administrative penalties with $1,100 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 Jesse Drury & Kim Drury dba Kim's
Mini Mart, Docket No. 2002-0618-PST-E on February 26, 2003 assessing $17,000
in administrative penalties with $14,950 deferred.
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 Husein Esmail dba Arcola Food Market,
Docket No. 2002-0527-PWS-E on February 26, 2003 assessing $250 in administrative
penalties.
Information concerning any aspect of this order may be obtained by contacting
Rebecca Johnson, Enforcement Coordinator at (713)422-8931, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An Agreed Order was entered regarding Edna Carroll dba B & E, Docket
No. 2002-0838-PST-E on February 26, 2003 assessing $3,375 in administrative
penalties with $675 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.
A Default Order was entered regarding Patriot Petroleum, Inc., Docket No.
2001-1487-PST-E on February 26, 2003 assessing $500 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Rebecca Petty, Staff Attorney at (512)239-3693, Texas Commission on Environmental
Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An Agreed Order was entered regarding Clarke Products, Inc., Docket No.
2002-0763-AIR-E on February 26, 2003 assessing $2,250 in administrative penalties
with $450 deferred.
Information concerning any aspect of this order may be obtained by contacting
Todd Huddleson, Enforcement Coordinator at (512)239-1105, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An Agreed Order was entered regarding Worth I-10 Investments, L. P., Docket
No. 2002-0733- EAQ-E on February 26, 2003 assessing $7,500 in administrative
penalties with $1,500 deferred.
Information concerning any aspect of this order may be obtained by contacting
Rebecca Clausewitz, Enforcement Coordinator at (210)403-4012, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An Agreed Order was entered regarding City of Weimar, Docket No. 2001-1445-MWD-E
on February 26, 2003 assessing $5,000 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Katharine Hodgins, SEP Coordinator at (512)239-6122, Texas Commission on Environmental
Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An Agreed Order was entered regarding Warren Independent School District,
Docket No. 2001- 1451-MWD-E on February 26, 2003 assessing $16,875 in administrative
penalties.
Information concerning any aspect of this order may be obtained by contacting
Katharine Hodgins, SEP Coordinator at (512)239-6122, Texas Commission on Environmental
Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An Agreed Order was entered regarding Wallace Integrated Graphics, Incorporated,
Docket No. 2002-0713-AIR-E on February 26, 2003 assessing $900 in administrative
penalties with $180 deferred.
Information concerning any aspect of this order may be obtained by contacting
Suzanne Walrath, Enforcement Coordinator at (512)239-2134, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An Agreed Order was entered regarding U. S. Hanger Company, Inc., Docket
No. 2002-0087- AIR-E on February 26, 2003 assessing $3,125 in administrative
penalties.
Information concerning any aspect of this order may be obtained by contacting
Salal Tahiri, Enforcement Coordinator at (254)772-9240, Texas Commission on
Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An Agreed Order was entered Regarding Texas Oil & Gathering, Inc.,
Docket No. 2002-0800- MSW-E on February 26, 2003 assessing $250 in administrative
penalties with $50 deferred.
Information concerning any aspect of this order may be obtained by contacting
Todd Huddleson, Enforcement Coordinator at (512)239-1105, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An Agreed Order was entered Regarding Vernon Varnado dba Southern Manufacturing
Company, Docket No. 2002-1044-AIR-E on February 26, 2003 assessing $1,875
in administrative penalties with $375 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 City of Alice, Docket No. 2002-0451-MSW-E
on February 26, 2003 assessing $2,500 in administrative penalties with $500
deferred.
Information concerning any aspect of this order may be obtained by contacting
Thomas Jecha, Enforcement Coordinator at (512)239-2576, Texas Commission on
Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An Agreed Order was entered regarding Huntsman Petrochemical Corporation,
Docket No. 2002-0511-AIR-E on February 26, 2003 assessing $43,750 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 Griffin Industries, Inc., Docket
No. 2002-0938-AIR-E on February 26, 2003 assessing $1,250 in administrative
penalties.
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 Flying J, Inc. dba Flying J Travel
Plaza, Docket No. 2002-0566-AIR-E on February 26, 2003 assessing $1,000 in
administrative penalties with $200 deferred.
Information concerning any aspect of this order may be obtained by contacting
Susan Kelly, Enforcement Coordinator at (409)899-8704, Texas Commission on
Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An Agreed Order was entered regarding Glenn Kothmann, Docket No. 2002-0796-EAQ-E
on February 26, 2003 assessing $3,750 in administrative penalties with $750
deferred.
Information concerning any aspect of this order may be obtained by contacting
Rebecca Clausewitz, Enforcement Coordinator at (210)403-4012, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An Agreed Order was entered Regarding City of La Ward, Docket No. 2002-0789-MWD-E
on February 26, 2003 assessing $8,000 in administrative penalties with $1,600
deferred.
Information concerning any aspect of this order may be obtained by contacting
Audra Baumgartner, Enforcement Coordinator at (361)825-3100, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An Agreed Order was entered regarding MH Pyramid, Inc., Docket No. 2002-0904-AIR-E
on February 26, 2003 assessing $7,500 in administrative penalties with $1,500
deferred.
Information concerning any aspect of this order may be obtained by contacting
Rebecca Johnson, Enforcement Coordinator at (713)422-8931, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An Agreed Order was entered regarding Manshack & Sons, Inc., Docket
No. 2002-0594-MLM-E on February 26, 2003 assessing $3,750 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 Newfield Exploration Mid-Continent,
Inc., Docket No. 2002-0966-AIR-E on February 26, 2003 assessing $4,500 in
administrative penalties with $900 deferred.
Information concerning any aspect of this order may be obtained by contacting
Ronnie Kramer, Enforcement Coordinator at (806)468-0512, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An Agreed Order was entered regarding EDSCO Fasteners, Inc., Docket No.
2002-0538-AIR-E on February 26, 2003 assessing $4,500 in administrative penalties
with $900 deferred.
Information concerning any aspect of this order may be obtained by Contacting
Ronnie Kramer, Enforcement Coordinator at (806)468-0512, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An Agreed Order was entered regarding Flores Mike dba Flores Trucking,
Docket No. 2002- 0475-MSW-E on February 26, 2003 assessing $7,500 in administrative
penalties with $1,500 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.
TRD-200301537
LaDonna Castañuela
Chief Clerk
Texas Commission on Environmental Quality
Filed: March 4, 2003
The State Office of Administrative Hearings issued a Proposal for Decision
and Order to the Texas Commission on Environmental Quality on February 24,
2003, Executive Director of the Texas Commission on Environmental Quality,
Petitioner v. Pertex Interprise, Inc; SOAH Docket No. 582-03-0851; TCEQ Docket
No. 2001-1304-PST-E. In the matter to be considered by the Texas Commission
on Environmental Quality on a date and time to be determined by the Chief
Clerk's Office in Room 201S of Building E, 12118 North Interstate 35, Austin,
Texas. This posting is Notice of Opportunity to Comment on the Proposal for
Decision and Order. The comment period will end 30 days from date of publication.
Written public comments should be submitted to the Office of the Chief Clerk,
MC-105 TCEQ, P.O. Box 1308, Austin, Texas 78711-3087. If you have any questions
or need assistance, please contact Doug Kitts, Chief Clerk's Office, (512)
239-3317.
TRD-200301418
LaDonna Castañuela
Chief Clerk
Texas Commission on Environmental Quality
Filed: February 26, 2003
The State Office of Administrative Hearings issued a Proposal for Decision
and Order to the Texas Commission on Environmental Quality on February 21,
2003, Executive Director of the Texas Commission on Environmental Quality,
Petitioner v. Waetyss Enterprises, Inc.; SOAH Docket No. 582-03-0946; TCEQ
Docket No. 2002-0017-PST-E. In the matter to be considered by the Texas Commission
on Environmental Quality on a date and time to be determined by the Chief
Clerk's Office in Room 201S of Building E, 12118 North Interstate 35, Austin,
Texas. This posting is Notice of Opportunity to Comment on the Proposal for
Decision and Order. The comment period will end 30 days from date of publication.
Written public comments should be submitted to the Office of the Chief Clerk,
MC-105 TCEQ, P.O. Box 13087, Austin, Texas 78711-3087. If you have any questions
or need assistance, please contact Doug Kitts, Chief Clerk's Office, (512)
239-3317.
TRD-200301419
LaDonna Castañuela
Chief Clerk
Texas Commission on Environmental Quality
Filed: February 26, 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
April 14, 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 April 14, 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: An Hung Enterprises, Inc. dba E & J Super Food Mart; DOCKET
NUMBER: 2002-1066-PWS-E; IDENTIFIER: Public Water Supply (PWS) Number 1012657;
LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: public water system;
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 §290.110(b)(4), by failing to maintain a minimum free chlorine
residual; 30 TAC §290.41(c)(1), by failing to locate ground water sources
so there will be no danger of pollution from insanitary surroundings; 30 TAC §290.46(m)(4),
by failing to maintain all related appurtenances in a watertight condition
and properly maintain the system's facilities; 30 TAC §290.43(d)(2),
by failing to provide the pressure tank with an easily readable pressure gauge;
30 TAC §290.41(c)(1)(F) and (3)(K), by failing to secure a sanitary control
easement and provide the well with a screened casing vent; PENALTY: $3,060;
ENFORCEMENT COORDINATOR: Kimberly McGuire, (713) 767-3500; REGIONAL OFFICE:
5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(2) COMPANY: Andrews Transport, Incorporated; DOCKET NUMBER: 2002-1150-PST-E;
IDENTIFIER: Enforcement Identification Number 18583; LOCATION: near Justin,
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.
(3) COMPANY: APAC-Texas, Inc.; DOCKET NUMBER: 2002-1083-AIR-E; IDENTIFIER:
Air Account Number TA-1259-P; LOCATION: Fort Worth, Tarrant County, Texas;
TYPE OF FACILITY: hot mix asphalt plant; RULE VIOLATED: 30 TAC §101.20(1), §116.115(c),
40 Code of Federal Regulations (CFR) §60.92(a)(1) and (2), Air Permit
Number T-19170, and THSC, §382.085(b), by exceeding the permitted opacity
limitation of 5% averaged over a six-minute period, exceeding the permitted
maximum mix temperature, failing to have the permit required records noting
periods of start-up and shutdown, exceeding the new source performance standard
for particulate matter; and failing to notify the regional office 45 days
prior to conducting the stack test and failing to provide a copy of the sampling
report; PENALTY: $6,525; ENFORCEMENT COORDINATOR: Stacey Young, (512) 239-1899;
REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(4) COMPANY: Degussa Corporation; DOCKET NUMBER: 2002-0991-AIR-E; IDENTIFIER:
Air Account Number AD-0001-F; LOCATION: Aransas Pass, Aransas County, Texas;
TYPE OF FACILITY: carbon black manufacturing; RULE VIOLATED: 30 TAC §101.20(3), §116.115(b)(2)(G)
and (c), Air Permit Numbers 8585 and PSD-TX-338, and THSC, §382.085(b),
by failing to obtain authorization or meet the demonstrations of 30 TAC §101.20(3)
for 11 emissions events, failing to determine compliance with the opacity
emissions limitation, and failing to properly install and operate continuous
monitoring equipment; 30 TAC §111.111(a)(4)(A)(ii), by failing to maintain
a daily flare observation log; and 30 TAC §116.110(a) and THSC, §382.085(b),
by failing to obtain authorization for emissions released; PENALTY: $47,500;
ENFORCEMENT COORDINATOR: Audra Baumgartner, (361) 825-3100; REGIONAL OFFICE:
6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5503, (361) 825-3100.
(5) COMPANY: Earthgrains Baking Companies, Inc., A Wholly Owned Subsidiary
of Sara Lee Bakery Group, Inc.; DOCKET NUMBER: 2003-0020-AIR-E; IDENTIFIER:
Air Account Number LA-0069-O; LOCATION: Paris, Lamar County, Texas; TYPE OF
FACILITY: bakery; RULE VIOLATED: 30 TAC §122.143(4), §122.146(2),
and THSC, §382.085(b), by failing to submit the annual Title V compliance
certification; PENALTY: $1,540; ENFORCEMENT COORDINATOR: Sheila Smith, (512)
239-1670; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3756, (903)
535-5100.
(6) COMPANY: Lindell, Incorporated dba Pic Quick; DOCKET NUMBER: 2002-0721-PST-E;
IDENTIFIER: Petroleum Storage Tank (PST) Facility Identification Number 0037501;
LOCATION: Taylor, Williamson County, Texas; TYPE OF FACILITY: convenience
store with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.50(a)(1)(A)
and the Code, §26.3475(c), by failing to provide a method of release
detection; 30 TAC §334.8(c)(5)(A), by failing to post the facility's
delivery certificate; and 30 TAC §334.48(c), by failing to maintain complete
and accurate inventory records; PENALTY: $2,860; ENFORCEMENT COORDINATOR:
Larry King, (512) 339-2929; REGIONAL OFFICE: 1921 Cedar Bend Drive, Suite
150, Austin, Texas 78758-5336, (512) 339-2929.
(7) COMPANY: Linn Materials, LLC; DOCKET NUMBER: 2002-1071-AIR-E; IDENTIFIER:
Enforcement Identification Number 18381; LOCATION: Linn, Hidalgo County, Texas;
TYPE OF FACILITY: rock crushing plant; RULE VIOLATED: 30 TAC §116.110(a)
and THSC, §382.085(b) and §382.0518(a), by failing to obtain a permit
or satisfy the conditions of a permit by rule; PENALTY: $10,000; ENFORCEMENT
COORDINATOR: Jaime Garza, (956) 425-6010; REGIONAL OFFICE: 1804 West Jefferson
Avenue, Harlingen, Texas 78550-5247, (956) 425-6010.
(8) COMPANY: Town of Little Elm; DOCKET NUMBER: 2002-0395-MWD-E; IDENTIFIER:
Texas Pollutant Discharge Elimination System (TPDES) Permit Number 11600-001;
LOCATION: Little Elm, Denton County, Texas; TYPE OF FACILITY: wastewater treatment;
RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number 11600-001, and
the Code, §26.121, by allegedly discharging wastewater that exceeded
ammonia nitrogen limits; PENALTY: $3,000; ENFORCEMENT COORDINATOR: Bill Davis,
(512) 239-6793; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951,
(817) 588-5800.
(9) COMPANY: Lytle Quik-Stop Corp. dba Lytle Fast Stop and Terry Giannas
dba Lytle Quik-Stop; DOCKET NUMBER: 2001-1486-PST-E; IDENTIFIER: PST Facility
Identification Number 0072533; LOCATION: Lytle, Atascosa 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 have the underground storage tank registration and self-certification
form, fully and accurately completed, and failing to have a copy of a valid,
current delivery certificate; and 30 TAC §37.815(a) and (b), by failing
to demonstrate financial assurance; PENALTY: $4,000; ENFORCEMENT COORDINATOR:
Todd Huddleson, (512) 239-1105; REGIONAL OFFICE: 14250 Judson Road, San Antonio,
Texas 78233-4480, (210) 490-3096.
(10) COMPANY: National-Oil Well, L.P.; DOCKET NUMBER: 2002-0690-IHW-E;
IDENTIFIER: Industrial and Hazardous Registration Number 31974; LOCATION:
Pampa, Gray County, Texas; TYPE OF FACILITY: oil field machinery and equipment
manufacturing; RULE VIOLATED: 30 TAC §335.69(d)(1) and (2), §335.262(c)(2)(A)
and (F), and 40 CFR §262.34(c)(1)(ii), by failing to keep one container
closed except when adding or removing waste and failing to label or clearly
mark five containers with the words "hazardous waste"; PENALTY: $2,500; ENFORCEMENT
COORDINATOR: Ronnie Kramer, (806) 353-9251; REGIONAL OFFICE: 3918 Canyon Drive,
Amarillo, Texas 79109-4933, (806) 353-9251.
(11) COMPANY: City of Princeton; DOCKET NUMBER: 2002-1062-PWS-E; IDENTIFIER:
PWS Number 0430008; LOCATION: Princeton, Collin County, Texas; TYPE OF FACILITY:
public water supply; RULE VIOLATED: 30 TAC §288.30(4), by failing to
submit a drought contingency plan; PENALTY: $360; ENFORCEMENT COORDINATOR:
Kent Heath, (512) 239-4575; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth,
Texas 76118-6951, (817) 588-5800.
(12) COMPANY: Recovery Technologies Group of Texas, Inc.; DOCKET NUMBER:
2002-0812-MSW-E; IDENTIFIER: Municipal Solid Waste (MSW) Registration Number
6044095; LOCATION: Baytown, Harris County, Texas; TYPE OF FACILITY: scrap
tire storage; RULE VIOLATED: 30 TAC §328.61(c) and MSW Registration Number
6044095, by failing to have a minimum separation of 40 feet between outdoor
piles, and failing to have outdoor piles consisting of scrap tires or tire
pieces at least 25 feet from the property line or easements; PENALTY: $5,000;
ENFORCEMENT COORDINATOR: Catherine Albrecht, (713) 767-3500; REGIONAL OFFICE:
5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(13) COMPANY: Republic Waste Services of Texas, Ltd.; DOCKET NUMBER: 2002-1360-AIR-E;
IDENTIFIER: Air Account Number HN-0225-K and Regulated Entity Identification
Number RN100542364; LOCATION: Linn, Hidalgo County, Texas; TYPE OF FACILITY:
municipal solid waste landfill; RULE VIOLATED: 30 TAC §122.146(2) and
THSC, §382.085(b), by failing to submit the annual Title V compliance
certification; PENALTY: $1,500; ENFORCEMENT COORDINATOR: Sandra Hernandez
Alanis, (956) 425-6010; REGIONAL OFFICE: 1804 West Jefferson Avenue, Harlingen,
Texas 78550-5247, (956) 425-6010.
(14) COMPANY: SZS Enterprise, Inc. dba Korner Food Mart; DOCKET NUMBER:
2002-0172-PST-E; IDENTIFIER: PST Facility Identification Number 27519; LOCATION:
Rice, Navarro County, Texas; TYPE OF FACILITY: truck stop with retail sales
of gasoline; RULE VIOLATED: 30 TAC §37.815(a) and (b), by failing to
demonstrate financial assurance; 30 TAC §334.10(b)(1)(B), by failing
to maintain in a secure location and make available for review, legible copies
of all required records pertaining to the underground storage tank system;
30 TAC §334.48(c), by failing to conduct proper inventory control procedures;
and 30 TAC §334.50(b)(2)(A)(i)(III) and (ii)(I) and the Code, §26.3475(a),
by failing to conduct an annual performance test on the line leak detector
and failing to annually test piping on all product lines; PENALTY: $16,875;
ENFORCEMENT COORDINATOR: Sandy VanCleave, (512) 239-0667; REGIONAL OFFICE:
2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(15) COMPANY: Utex Industries, Inc.; DOCKET NUMBER: 2002-1200-AIR-E; IDENTIFIER:
Air Account Number CR-0025-P; LOCATION: Weimar, Colorado County, Texas; TYPE
OF FACILITY: gasket and seal manufacturing; RULE VIOLATED: 30 TAC §122.146(2)
and THSC, §382.085(b), by failing to submit the annual compliance certification;
PENALTY: $1,500; ENFORCEMENT COORDINATOR: Gilbert Angelle, (512) 239-4489;
REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713)
767-3500.
TRD-200301526
Paul C. Sarahan
Director, Litigation Division
Texas Commission on Environmental Quality
Filed: March 4, 2003
Notice of Request for Proposal (RFP 03-R05) Demonstrate and Assess the Air Quality Benefits of Implementing New Air Pollutant Emission Reduction Technologies
1.0 INVITATION:
The Council seeks proposals from qualified individuals or organizations
for the demonstration, testing, and verification of technologies to reduce
air emissions. Preference will be shown for novel technologies that have not
frequently been incorporated into air quality management plans in the United
States, technologies that are ready for full-scale commercialization, and
technologies for which draft or final verification protocols are already available.
The Environmental Protection Agency has developed
generic verification protocols for several classes of technologies (see the
EPA website http://www.epa.gov/etv/verifications/protocols-index.html for
a listing of protocols and related EPA sites for discussions of the verification
process). "ETV generic verification protocols (also known as guideline documents,
generic test protocols, or simply protocols) are developed, modified, or selected
to promote uniform testing by the verification partner or contractor for a
single class of technologies" (excerpt from "Verification Process, http://www.epa.gov/etv/vendors/process.html.")
Activities eligible for funding under this request for proposals include:
1. Conducting emission-testing programs, using generic protocols and quality
assurance criteria established through the U.S. Environmental Protection Agency's
Environmental Technology Verification programs, which can be used to certify
the effectiveness of new air pollutant emission reduction technologies.
2. Assessments of the emission reduction and air quality benefits associated
with the implementation of new air pollutant emission reduction technologies
in regions of Texas that do not meet National Ambient Air Quality Standards
for criteria pollutants. These assessments must be performed with emission
estimation and air quality modeling protocols accepted by the Texas Commission
on Environmental Quality and the U.S. Environmental Protection Agency in the
development of State Implementation Plans for air quality
(see TCEQ web site: www.tnrcc.state.tx.us/oprd/sips/index.html.)
Depending on the range of applicants and technologies requesting funding,
TCET may elect to divide available funding between different categories of
emission sources. The goal of reducing emissions from a broad range of technologies
may ultimately be better accomplished if methods are available to reduce emissions
from all sources. Consequently, TCET may elect to distribute funding to technologies
specifically for gasoline or diesel sources, and/or for on-highway, nonroad,
stationary, or other sources.
1.1 PURPOSE
TCET was established in 2001 by Senate Bill (S.B.) 5, 77th Texas Legislature.
Senate Bill 5 authorized the Texas Council on Environmental Technology in
Chapter 387 of the Texas Health and Safety Code, and the Council charge is:
a. to identify and evaluate new technologies; to seek the approval of the
United States Environmental Protection Agency for those technologies, and
to facilitate the deployment of those technologies, and
b. to assist the Texas Commission on Environmental Quality and the United
States Environmental Protection Agency in the process of ensuring credit for
new, innovative and creative technological advancements
1.2 DELIVERABLES, SCHEDULE, AND ANTICIPATED FUNDING
LEVEL
TCET anticipates having up to $1,000,000 for the current program announcement.
Multiple awards are anticipated under this program.
Successful applicants will:
a. Meet with the Council and/or Council staff to refine a scope of work
and to review a detailed outline of the assessment. These meetings will occur
within 30 days of the date of the grant award.
b. Provide a draft report on the demonstration, certification and/or air
quality assessment activities funded through this program. The report will
be submitted within 18 months of the date of the grant award; while up to
18 months will be allowed for preparing a draft final report, more rapid submission
is strongly encouraged. The TCET will review the draft report for compliance
with the contract and with report format requirements.
c. Provide a final report, which responds to comments from the review by
TCET. The final report will be submitted within 15 days of the contractor
receipt of review comments and recommendations from TCET.
1.3 ELIGIBLE APPLICANTS
Eligible* applicants include individuals, universities, corporations, organizations,
governments or governmental subdivisions or agencies, business trusts, partnerships,
associations, or any other legal entity.
*The Attorney General has ruled that universities
or other organizations represented on the Texas Council on Environmental Technology
are ineligible to receive grants from TCET. The university campuses excluded
from receiving grants by having a member on the Council are UT Austin, The
University of Houston, Texas A & M College Station, Texas A & M Kingsville,
Rice University, Texas Tech University. The Dallas office of EPRI is also
excluded. The Council will be particularly sensitive to issues of conflict
of interest.
1.4 GENERAL REQUIREMENTS
a. All applications for funding must be completed according to the application
instructions and submitted by the required deadline. The complete requirements
and instructions are included in the application instruction forms.
b. Entities selected to receive grant funding will be required to execute
a contract with the TCET. All services or work carried out under a contract
awarded as a result of this RFP must be completed within the scope, timeframes,
and funding limitations specified in the contract.
1.5 GRANT ADMINISTRATION AND REIMBURSEMENT OF EXPENSES
a. Payments will be made upon acceptable completion of project tasks and
milestones by the grant recipient. Requests for payment may be submitted upon
successful completion of project tasks/milestone as agreed to in the deliverables
schedule.
b. Reports on the progress of completing the project activities will be
required with each request for payment. Progress reports may also be required
on a quarterly basis, even if no requests for payment are submitted during
that time period. Reporting forms will be provided by the TCET.
c. All project activities must be completed before the end of the grant
contract term, and all requests for payment and reports will need to be submitted
within 45 days after termination of the contract. Ten percent of the contract
amount will be allocated to completion of the final project report and will
not be released until an approved final project report is provided.
1.6 FUNDING
TCET anticipates granting multiple awards, total funding of all awards
not to exceed $1,000,000, and may select parts of a proposal for funding and
may offer to fund less than the dollar amount requested in a proposal. TCET
may award all or part of the proposed project or provide funding for preliminary
testing of a potentially cost effective technology before awarding the full
grant amount.
2.0 APPLICATION PROCESS
Application forms and criteria on the activities eligible for funding under
this program may be viewed and downloaded from the TCET Web site at www.tcet.state.tx.us.
The materials may also be obtained by calling 512/232-5040, or by sending
an email to proposal@tcet.state.tx.us.
a.
Required Forms.
To apply for funding,
applicants must complete and submit a grant application, which includes the
required information described in the instructions included with the application
forms.
b.
Application Submission.
Applications shall
be submitted to TCET in the following format:
1. All forms must be typed with 1 inch margins, 10 pt. font minimum size,
and in any of the following formats: Word, Word-Perfect, or Excel.
2. An electronic version (.pdf, word or word-perfect) must be sent via
email to proposal@tcet.state.tx.us .
3. A signed unbound original and 5 paper copies shall also be submitted
via Regular, Express Mail, FedEx, or UPS to:
Texas Council on Environmental Technology
J.J. Pickle Research Campus, Building 133
The University of Texas at Austin
10100 Burnet Road, M/C R7100
Austin, Texas 78758
(512) 232-5225
c.
Deadline for Submission for Both Electronic and
Paper Copies.
1.
Electronic proposals
must be emailed with
date stamp no later than
12:00 noon Central Standard
Time on April 15, 2003.
The email submittal address is proposal@tcet.state.tx.us
or you may go to the TCET web page and click the link to Request for Proposals,
then click Email Proposals. Your normal email program will start, and you
should attach the file(s) to upload with the email. After sending, please
wait an hour and then call MaryAnn Foran at (512) 232-5040 to confirm that
the email & attached file(s) were received.
2.
Paper copies (five)
of the proposal must
be received on the premises of the TCET as directed herein by no later than
3. Late (electronic and paper) proposals
will not
be considered for funding.
4. The TCET will not accept applications via FAX machine.
d.
Additional Program Information.
Individuals
desiring further information are encouraged to email proposal@tcet.state.tx.us.
e.
Status of Application.
Upon submission,
all proposals become the property of the State of Texas and as such become
subject to the Texas Open Records Act, V.T.C.S. art. 6252-17a.
3.0 SELECTION FACTORS AND WEIGHT ASSIGNED
a. Overall quality, completeness, degree of clearly defined objectives
(testing, marketing, potential penetration of technology in subject markets
over time, etc.) and schedules, qualifications of the applicant, degree of
clarity in describing how the technology functions to reduce emissions (the
mechanism by which the technology works), and technical quality of the scope
of work description. Up to 20 points (20 percent of total possible points).
b. Cost effectiveness of the technology and matching funds or resources.
b1.
Users/consumers costs of using the technology
as compared with projected emissions reductions.
Manufacturers must
provide a detailed cost analysis to project the cost to users/consumers of
the technology per ton of emissions reduced. (Note: Texas is most interested
in NOx and Particulate Matter reduction.) This projection must show all the
annual costs and emission reductions for a period of 5 years from the date
the verification of the technology is anticipated to be completed. Any potential
pollutant increases must also be quantified, including CO2. The analysis must
fully describe emission reductions and all costs associated with the technology
that may be incurred by the users of the technology, such as increased consumer
costs for added infrastructure, installation, prep, maintenance, disposal,
cleaning or fuel, as well as all other costs occasioned by the use of the
technology. The projection should clearly describe the potential market (number
of installations, vehicles, engines, etc.) in Texas and projected annual hours
or miles of use. Specify the basis for estimating potential market. Following
is a simple guide for cost effectiveness calculations:
Total cost over 5 years / total tons over 5 years = cost effectiveness
per ton of emissions reduction
$5,000,000/1,000 tons of NOx=$5,000/ton
$5,000,000/2,000tons of PM=$2,500/ton
$5,000,000/5,000 of CO=$1,000/ton
$5,000,000/8,000 tons total=$625/ton
Up to 15 points (15 percent of total possible points)
b2.
Project costs plus users/consumers costs as
compared with emissions reductions:
In addition to the costs and emissions
reduction projections in "b1", include all the costs of Verification Testing
that you are seeking from TCET in this proposal and provide a cumulative cost
effectiveness calculation. Because products requiring more testing under the
ETV protocols (such as a cumulative effect fuel additive seeking full fleet
verification) will potentially be more costly to get fully verified, TCET
may not provide the total funding for verification. Manufacturers should provide
a draft test plan describing the expected level and schedule of testing and
anticipated costs of completing verification. Manufacturers should describe
their plans to expand verification if TCET only provides partial funding to
assist in initiating verification or provides funding for less than full fleet
verification. Note: the percent and portion of matching funds will be a consideration
in ranking proposals. (Use the following formula to calculate the cost effectiveness
for b2.
Total cost over 5 years / total tons over 5 years = cost effectiveness
$5,000,000/1,000 tons of NOx=$5,000/ton
$5,000,000/2,000tons of PM=$2,500/ton
$5,000,000/5,000 of CO=$1,000/ton
$5,000,000/8,000 tons total=$625/ton
Up to 5 points (5 percent of total possible points)
c. Level of emission reduction demonstrated on the appropriate test procedure(s)
described in the applicable ETV protocol. Because verification is based on
testing in accordance with prescribed procedures (such as for on-highway heavy-duty
diesel engines tested on an engine dynamometer over the federal test procedure
described at 40 CFR Part 86 Subpart N), data from appropriate procedures should
help insure that successful verification will be completed for the level of
reduction projected in the application. Emission reductions demonstrated on
test procedures other than those described in the applicable ETV protocol
must be fully described and may also be considered but with reduced weighting
assigned. Up to 20 points (20 percent of total possible points).
d. Ability to use the product in a broad range of in-use operating conditions
and on different applications or engine and vehicle technologies. Manufacturers
must fully describe the range of potential applications and operating limitations
of their technologies. Manufacturers must fully describe if their technology
reduces emissions only under certain operating conditions or if it requires
specific operating conditions to function, regenerate or maintain the technology's
life or efficiency. Additionally, the manufacturer must fully describe if
on-going or increased maintenance, service or monitoring is required for proper
functioning and/or to maintain emission reductions. Manufacturer, also, must
include usability information such as the effects of the technology on the
driver, operator, or user of the technology including but not limited to power
losses or gains and the effects on fuel economy. Up to 20 points (20 percent
of total possible points)
e. Technologies must be commercially ready and commercialization plan must
be provided. Current and future production and availability in Texas should
be described. Market potential and expected market penetration in Texas should
be described. All legal liabilities such as safety, licensing, handling, storage
and / or fuel registration requirements must be described with specific schedules
for completion. Describe fully all infrastructure needs for installation,
maintenance, warranty and distribution. Does the technology require periodic
service? Does its installation necessitate the removal and disposal of other
equipment? Up to 20 points (20 percent of total possible points).
4.0 APPLICATION REVIEW AND SELECTION PROCESS
a.
Initial Review.
The TCET will review the
applications for completeness and eligibility. If an application is found
to be incomplete or ineligible for funding, the TCET will notify the applicant
within 10 working days of receiving the application.
b.
Project Evaluation.
Properly completed
applications for eligible projects will be evaluated and ranked by a committee
identified by the TCET.
c.
Project Selection List.
Based on the recommendations
of the evaluation committee, successful applicant(s) will be identified by
the TCET.
d.
Grant Award and Contracting.
The awarding
of a grant will be contingent upon the availability of funds in the TCET account.
The applicant will be given a defined period of time to sign and return the
grant contract.
TRD-200301546
David T. Allen
Chair
Texas Council on Environmental Technology
Filed: March 4, 2003
Notice of Approval of Coastal Boundary Survey
Pursuant to §33.136 of the Natural Resources Code, notice is hereby
given that Jerry Patterson, Commissioner of the General Land Office, approved
a coastal boundary survey, Galveston County Art. 33.136 Sketch No. 17, submitted
by Sidney Bouse, a Licensed State Land Surveyor, conducted on December 17,
2002, locating the following shoreline boundary:
The line of Mean High Water for Lot 482, Section 1 of the Trimble and Lindsey
Survey, Galveston Island, Galveston County, Texas.
For a copy of this survey or more information on this matter, contact Ben
Thomson, Director Survey Division, Texas General Land Office at 512-463-5212
TRD-200301582
Larry L. Laine
Chief Clerk, Deputy Land Commissioner
General Land Office
Filed: March 5, 2003
Licensing Actions for Radioactive Materials
Licensing Actions for Radioactive Materials
TRD-200301562
Susan K. Steeg
General Counsel
Texas Department of Health
Filed: March 5, 2003
Licensing Actions for Radioactive Materials
TRD-200301563
Susan K. Steeg
General Counsel
Texas Department of Health
Filed: March 5, 2003
Notice is hereby given by the Texas Department of Health (department),
Bureau of Radiation Control that it has amended Radioactive Material License
Number L04971 issued to Waste Control Specialists, LLC (WCS) located in Andrews
County, Texas, one mile North of State Highway 176; 250 feet East of the Texas/New
Mexico State Line; 30 miles West of Andrews, Texas.
The issuance of amendment number 20 results in the following:
(1) increases the authorized activity limits for categories I, II, III
and IV of radioactive waste specified at Condition 7.B from 200 Ci to 2,000
Ci, 2,000 Ci to 20,000 Ci, 20,000 Ci to 200,000 Ci, and 200,000 Ci to 2,000,000
Ci, respectively; and to increase the authorized activity for sealed sources,
specified in Condition 7.B, from 1,000 Ci to 10,000 Ci;
(2) relieves the licensee from the requirement for a fecal analysis at
an annual frequency and replaces it with the analysis being performed at the
discretion of the radiation safety officer;
(3) reconciles the conflict between different articles in the licensee
Radcon Manual as to the frequency of performing whole body counting by specifying
an annual frequency for performing whole body counting;
(4) changes the holding times specified in Condition 25 of the license
to make the times compatible with the holding times allowed under the licensee's
Texas Commission of Environmental Quality (formerly, Texas Natural Resource
Conservation Commission) hazardous waste permit;
(5) changes the definition of "Interim Storage" as defined in Condition
15.C of the license to remove the word "stabilized" from the definition;
(6) allows the licensee to open containers of Low-Specific Activity, Group
I (as defined by Title 49 of the Code of Federal Regulations) for purposes
of sampling and container maintenance or repair in the Bin Storage Area;
(7) adds to Condition 22(D)(1) of the license "chemical fixation, oxidation,
reduction and/or pH adjustment" as methods of treatment; and
(8) increases to 8,000 cubic feet the volume of radioactive waste that
may be possessed in the Stabilization Building at the licensee's facility;
The department has determined that the amendment of the license, 25 Texas
Administrative Code (TAC), Chapter 289, and the documentation submitted by
the licensee provide reasonable assurance that the licensee's radioactive
waste facility is sited, designed, operated, and will be decommissioned and
closed in accordance with the requirements of 25 TAC, Chapter 289; the amendment
of the license will not be inimical to the health and safety of the public
or the environment; and the activity represented by the amendment of the license
will not have a significant effect on the human environment.
This notice affords the opportunity for a public hearing upon written request
within 30 days of the date of publication of this notice by a person affected
as required by Texas Health and Safety Code, §401.116 and as set out
in 25 TAC, §289.205(f). A "person affected" is defined as a person who
demonstrates that the person has suffered or will suffer actual injury or
economic damage and, if the person is not a local government, is (a) a resident
of a county, or a county adjacent to a county, in which the radioactive material
is or will be located; or (b) doing business or has a legal interest in land
in the county or adjacent county.
A person affected may request a hearing by writing Mr. Richard A. Ratliff,
P.E., Chief, Bureau of Radiation Control, 1100 West 49th Street, Austin, Texas
78756-3189. Any request for a hearing must contain the name and address of
the person who considers himself affected by this action, identify the subject
license, specify the reasons why the person considers himself affected, and
state the relief sought. If the person is represented by an agent, the name
and address of the agent must be stated. Should no request for a public hearing
be timely filed, the agency action will be final.
A public hearing, if requested, shall be conducted in accordance with the
provisions of Texas Health and Safety Code, Chapter 401, the Administrative
Procedure Act (Chapter 2001, Texas Government Code), the formal hearing procedures
of the department (25 TAC, §1.21 et seq.) and the procedures of the State
Office of Administrative Hearings (1 TAC, Chapter 155).
A copy of the license amendment and supporting materials are available,
by appointment, for public inspection and copying at the office of the Bureau
of Radiation Control, Texas Department of Health, Exchange Building, 8407
Wall Street, Austin, Texas, telephone (512) 834-6688, 8:00 a.m. to 5:00 p.m.
Monday-Friday (except holidays). Information relative to inspection and copying
the documents may be obtained by contacting Chrissie Toungate, Custodian of
Records, Bureau of Radiation Control.
TRD-200301446
Susan K. Steeg
General Counsel
Texas Department of Health
Filed: February 27, 2003
Announcement of the Public Comment Period for the 2003 State of Texas Consolidated Plan Annual Performance Report - Reporting on Program Year 2002 - Draft for Public Comment
The Texas Department of Housing and Community Affairs ("the Department")
announces the opening of a fifteen day public comment period for the
The
State of Texas 2003 Consolidated Plan Annual
Performance Report - Reporting on Program Year 2002 - Draft for Public Comment
gives the Texas Department of Housing and Community Affairs an opportunity
to evaluate its accomplishments during the past program year for the HOME
Investment Partnerships program and the Emergency Shelter Grant (ESG) program.
It also gives the Office of Rural Community Affairs and the Department of
Health an opportunity to evaluate their accomplishments during the past program
year for the Community Development Block Grant (CDBG) program and the Housing
Opportunities for Persons with AIDS (HOPWA) program, respectively. The Plan
includes the following: a summary of resources and programmatic accomplishments
for each of the four programs covered in the Consolidated Plan; a series of
narrative statements about various aspects of the Department’s performance
over the past program year; and a qualitative analysis of the Department’s
actions and experiences. The Department also addresses its success in meeting
each of the goals and objectives set forth in the
2001-2003 State of Texas Consolidated Plan.
Beginning March 24, 2003, the
State of Texas 2003
Consolidated Plan Annual Performance Report - Reporting on Program Year 2002
- Draft for Public Comment
will be available on the Texas Department
of Housing and Community Affairs 's website at www.tdhca.state.tx.us. A hard
copy can be requested by contacting the Center for Housing Research, Planning,
and Communications at P.O. Box 13941, Austin, TX 78711-3941, or (512) 475-3976.
Written comment is encouraged and should be sent to the Texas Department
of Housing and Community Affairs, Center for Housing Research, Planning, and
Communications, P.O. Box 13941, Austin, TX 78711-3941. For more information
or to order copies of the
State of Texas 2003 Consolidated
Plan Annual Performance Report - Reporting on Program Year 2002 - Draft for
Public Comment
please contact the Center for Housing Research, Planning,
and Communications at (512) 475-3976 or email at clandry@tdhca.state.tx.us
TRD-200301567
Edwina Carrington
Executive Director
Texas Department of Housing and Community Affairs
Filed: March 5, 2003
The Texas Department of Housing and Community Affairs’ (the "Department")
programs were created to provide decent, safe and sanitary housing opportunities
for low and very low income Texans. The Low Income Housing Tax Credit (LIHTC)
Program assists in building affordable housing through the issuance of federal
tax credits used to fund new construction and rehabilitation of multifamily
residential Developments. The tax credits allow the Developments to be leased
to qualified families at or below market rents.
The following FIVE public hearings are provided to gather public comment
on the 2003 LIHTC Applications. The schedule of these meetings is provided
below:
EL PASO, Tuesday, April 1
City of El Paso Council Chambers
2 Civic Center Plaza, 2nd Floor
11:00 a.m.
HARLINGEN, Wednesday, April 2
Harlingen City Council Chambers
118 East Tyler
12:00 p.m.
AUSTIN, Thursday, April 3
TDHCA Board Room
507 Sabine, 4th Floor
1:00 p.m.
HOUSTON, Friday, April 4
Houston City Hall Annex Chamber, Public Level
900 Bagby
2:00 p.m.
ARLINGTON, Monday, April 7th
Arlington City Council Chambers
101 W. Abram Street, 1st Floor
7:00 p.m.
A detailed log of all 2003 Applications are posted to the Department’s
website at the following link: http://www.tdhca.state.tx.us/lihtc.htm
Written comments are also encouraged. Such comments should be addressed
to:
Multi-Family Finance Division
Texas Department of Housing and Community Affairs
Post Office Box 13941
Austin, Texas 78711-3941
For additional information you may contact the Jennifer Joyce at 512.475.3995
or visit the program's web site at www.tdhca.state.tx.us.
Individuals who require auxiliary aids or services for these meetings should
contact Gina Esteves, ADA Responsible Employee, at 512.475.3943 or Relay Texas
at 1.800.735.2989 at least two days before the meeting so that appropriate
arrangements can be made.
TRD-200301565
Edwina P. Carrington
Executive Director
Texas Department of Housing and Community Affairs
Filed: March 5, 2003
Notice is hereby given of a public hearing to be held by the Texas Department
of Housing and Community Affairs (the "Issuer") at E.B. Comstock Middle School,
7044 Hodde, Dallas, Texas 75217 at 6:00 p.m. on March 24, 2003 with respect
to an issue of tax-exempt multifamily residential rental project revenue bonds
in an aggregate principal amount not to exceed $13,400,000 and taxable bonds,
if necessary, in an amount to be determined, to be issued in one or more series
(the "Bonds"), by the Issuer. The proceeds of the Bonds will be loaned to
Murdeaux Villas, L.P., a limited partnership, or a related person or affiliate
thereof (the "Borrower") to finance a portion of the costs of acquiring, constructing
and equipping a multifamily housing project (the "Project") described as follows:
240-unit multifamily residential rental development to be constructed on approximately
18 acres located at the southwest quadrant of the 7400 block of Murdeaux and
Loop 12, Dallas, Texas 75217. The project will be initially owned and operated
by the Borrower. This hearing will be held in lieu of a hearing originally
scheduled for February 25, 2003 at the same location which was cancelled due
to inclement weather.
All interested parties are invited to attend such public hearing to express
their views with respect to the Project and the issuance of the Bonds. Questions
or requests for additional information may be directed to Robbye Meyer at
the Texas Department of Housing and Community Affairs, 507 Sabine, Austin,
Texas 78701; (512) 475-2213 and/or rmeyer@tdhca.state.tx.us.
Persons who intend to appear at the hearing and express their views are
invited to contact Robbye Meyer in writing in advance of the hearing. Any
interested persons unable to attend the hearing may submit their views in
writing to Robbye Meyer prior to the date scheduled for the hearing.
Individuals who require auxiliary aids in order to attend this meeting
should contact Gina Esteves, ADA Responsible Employee, at (512) 475-3943 or
Relay Texas at 1 (800) 735-2989 at least two days before the meeting so that
appropriate arrangements can be made.
TRD-200301564
Edwina P. Carrington
Executive Director
Texas Department of Housing and Community Affairs
Filed: March 5, 2003
Request for Proposals
The Houston-Galveston Area Council (H-GAC) is requesting proposals to conduct
an access management and traffic mobility study for the FM 518 corridor from
US 288 in Brazoria County to SH 146 in Galveston County. The purpose of the
study is to identify short-term transportation improvements to improve traffic
flow and reduce motorist delay. The study will collect sufficient information
to measure and evaluate a range of viable short-term improvement concepts,
as well as address cost-benefit and cost-effectiveness of various solutions.
The study shall conclude with the identification of a list of recommended
improvements and ways to implement them, including time frame and funding
sources.
A Pre-Proposal Conference is scheduled at
3 p.m.
on Monday, March 24, 2003
, at H-GAC offices. Submittals are due by
The Request for Proposal packet can be downloaded from the H-GAC Transportation
Department Web site at
www.hgac.cog.tx.us/transportation/rfps.html.
Interested firms may also obtain the packet at the H-GAC offices at
3555 Timmons Lane, Suite 120, Houston, Texas 77027, or by contacting Jerry
L. Bobo at 713-993-4571. All questions regarding the Request for Proposal
can be sent to the attention of Jerry L. Bobo by email to jbobo@hgac.cog.tx.us,
faxed to 713-993-4508, or mailed to the Houston-Galveston Area Council, P.O.
Box 22777, Houston, TX 77227-2227.
TRD-200301554
Alan Clark
MPO Director
Houston-Galveston Area Council
Filed: March 5, 2003
The Houston-Galveston Area Council (H-GAC) is soliciting qualified organizations
to offer specific services for The WorkSource youth during the 2003 summer
months. Responding organizations that meet the qualifications detailed in
this Request for Qualifications (RFQ) will become members of The WorkSource
Education and Training Provider Network, the network of approved vendor services
for The WorkSource. The deadline for receiving application packets under this
request is 12:00 noon Central Daylight Time on Friday, March 28, 2003. Late
application packets will not be accepted; there will be no exceptions. An
RFQ packet will be available to download beginning at 9:00 a.m. central daylight
time on February 28, 2003. A bidders conference for this request will be held
on Tuesday March 13, 2003 at the H-GAC offices, 3555 Timmons, 2nd floor, conference
room B, Houston, Texas 77027 from 10:00 am to 11:30 am. Prospective bidders
may contact Carol Kimmick at 713.627.3200 or ckimmick@theworksource.org or
visit the web site http://www.theworksource.org/1general/specialannouncements.html
to obtain the RFQ packet.
TRD-200301463
Jack Steele
Executive Director
Houston-Galveston Area Council
Filed: February 27, 2003
Company Licensing
Application to change the name of GENERAL SECURITY INSURANCE COMPANY to
UNITRIN AUTO AND HOME INSURANCE COMPANY, a foreign fire and/or casualty company.
The home office is in New York, New York.
Application to change the name of GENERAL SECURITY PROPERTY AND CASUALTY
COMPANY to UNITRIN PREFERRED INSURANCE COMPANY, a foreign fire and/or casualty
company. The home office is in New York, New York.
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-200301473
Gene C. Jarmon
General Counsel and Chief Clerk
Texas Department of Insurance
Filed: February 28, 2003
Application to change the name of PCA PROPERTY & CASUALTY INSURANCE
COMPANY to PROVIDENCE PROPERTY & CASUALTY INSURANCE COMPANY, a foreign
fire and/or casualty company. The home office is in Oklahoma City, Oklahoma.
Application to change the name of WINTERTHUR INTERNATIONAL AMERICA INSURANCE
COMPANY to XL INSURANCE AMERICA, INC., a foreign fire and/or casualty company.
The home office is in Wilmington, Delaware.
Application for admission to the State of Texas by ALEA CONNECTICUT INSURANCE
COMPANY, a foreign fire and/or casualty company. The home office is in Rocky
Hill, Connecticut.
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-200301549
Gene C. Jarmon
General Counsel and Chief Clerk
Texas Department of Insurance
Filed: March 5, 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 Group Management Services, Inc.,
a foreign third party administrator. The home office is Omaha, Nebraska.
Any objections must be filed within 20 days after this notice was filed
with the Secretary of State, addressed to the attention of Charles M. Waits,
MC 107-5A, 333 Guadalupe, Austin, Texas 78714-9104.
TRD-200301501
Gene C. Jarmon
General Counsel and Chief Clerk
Texas Department of Insurance
Filed: March 3, 2003
Instant Game No. 720 "One Hot Number"
1.0 Name and Style of Game.
A. The name of Instant Game No. 720 is "ONE HOT NUMBER". The play style
is "key number match with bonus".
1.1 Price of Instant Ticket.
A. Tickets for Instant Game No. 720 shall be $5.00 per ticket.
1.2 Definitions in Instant Game No. 720.
A. Display Printing - That area of the instant game ticket outside of the
area where the Overprint and Play Symbols appear.
B. Latex Overprint - The removable scratch-off covering over the Play Symbols
on the front of the ticket.
C. Play Symbol - One of the symbols which appears under the Latex Overprint
on the front of the ticket. Each Play Symbol is printed in Symbol font in
black ink in positive. The possible play symbols are: 1, 2, 3, 4, 5, 6, 7,
8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26,
27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, $1.00, $2.00, $4.00, $5.00,
$10.00, $15.00, $20.00, $25.00, $40.00, $50.00, $100, $500, $1,000, $50,000,
FIRE SYMBOL, BOOT SYMBOL, SADDLE SYMBOL, HAT SYMBOL, STAR SYMBOL.
D. Play Symbol Caption - the small printed material appearing below each
Play Symbol which explains the Play Symbol. One and only one of these Play
Symbol Captions will appear 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:
Figure 1: GAME NO. 720 ONE HOT NUMBER - 1.2D
E. Retailer Validation Code - Three small letters found under the removable
scratch-off covering in the play area, which retailers use to verify and validate
instant winners. The possible validation codes are:
Figure 2: GAME NO. 720 ONE HOT NUMBER - 1.2E
Low-tier winning tickets use the required codes listed in Figure 2:16.
Non-winning tickets and high-tier tickets use a non-required combination of
the required codes listed in Figure 2:16 with the exception of ∅, which
will only appear on low-tier winners and will always have a slash through
it.
F. Serial Number - A unique 13 (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 $5.00, $10.00, $15.00, $20.00.
H. Mid-Tier Prize - A prize of $50.00, $100, $500.
I. High-Tier Prize - A prize of $1,000, $5,000, $50,000.
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 (720), a seven (7) digit pack number, and a three
(3) digit ticket number. Ticket numbers start with 000 and end with 074 within
each pack. The format will be: 720-0000001-000.
L. Pack - A pack of "ONE HOT NUMBER" Instant Game tickets contain 75 tickets,
which are packed in plastic shrink-wrapping and fanfolded in pages of one
(1). The packs will alternate. One will show the front of ticket 000 and back
of 074 while the other fold will show the back of ticket 000 and front of
074.
M. Non-Winning Ticket - A ticket which is not programmed to be a winning
ticket or a ticket that does not meet all of the requirements of these Game
Procedures, the State Lottery Act (Texas Government Code, Chapter 466), and
applicable rules adopted by the Texas Lottery pursuant to the State Lottery
Act and referenced in 16 TAC, Chapter 401.
N. Ticket or Instant Game Ticket, or Instant Ticket - A Texas Lottery "ONE
HOT NUMBER" Instant Game No. 720 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 "ONE HOT
NUMBER" Instant Game is determined once the latex on the ticket is scratched
off to expose 45 (forty-five) play symbols. If the player matches any of the
YOUR HOT NUMBERS to any of the WINNING NUMBERS, the player will win the PRIZE
shown for that number. If the player gets a flame symbol in the bonus box,
the player will win $10 automatically. No portion of the display printing
nor any extraneous matter whatsoever shall be usable or playable as a part
of the Instant Game.
2.1 Instant Ticket Validation Requirements.
A. To be a valid Instant Game ticket, all of the following requirements
must be met:
1. Exactly 45 (forty-five) Play Symbols must appear under the latex overprint
on the front portion of the ticket;
2. Each of the Play Symbols must have a Play Symbol Caption underneath,
and each Play Symbol must agree with its Play Symbol Caption;
3. Each of the Play Symbols must be present in its entirety and be fully
legible;
4. Each of the Play Symbols must be printed in black ink;
5. The ticket shall be intact;
6. The Serial Number, Retailer Validation Code and Pack-Ticket Number must
be present in their entirety and be fully legible;
7. The Serial Number must correspond, using the Texas Lottery's codes,
to the Play Symbols on the ticket;
8. The ticket must not have a hole punched through it, be mutilated, altered,
unreadable, reconstituted or tampered with in any manner;
9. The ticket must not be counterfeit in whole or in part;
10. The ticket must have been issued by the Texas Lottery in an authorized
manner;
11. The ticket must not have been stolen, nor appear on any list of omitted
tickets or non-activated tickets on file at the Texas Lottery;
12. The Play Symbols, Serial Number, Retailer Validation Code and Pack-Ticket
Number must be right side up and not reversed in any manner;
13. The ticket must be complete and not miscut, and have exactly 45 (forty-five)
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 45 (forty-five) Play Symbols must be exactly one of those
described in Section 1.2.C of these Game Procedures.
17. Each of the 45 (forty-five) Play Symbols on the ticket must be printed
in the Symbol font and must correspond precisely to the artwork on file at
the Texas Lottery; the ticket Serial Numbers must be printed in the Serial
font and must correspond precisely to the artwork on file at the Texas Lottery;
and the Pack-Ticket Number must be printed in the Pack-Ticket Number font
and must correspond precisely to the artwork on file at the Texas Lottery;
18. The display printing on the ticket must be regular in every respect
and correspond precisely to the artwork on file at the Texas Lottery; and
19. The ticket must have been received by the Texas Lottery by applicable
deadlines.
B. The ticket must pass all additional validation tests provided for in
these Game Procedures, the Texas Lottery's Rules governing the award of prizes
of the amount to be validated, and any confidential validation and security
tests of the Texas Lottery.
C. Any Instant Game ticket not passing all of the validation requirements
is void and ineligible for any prize and shall not be paid. However, the Executive
Director may, solely at the Executive Director's discretion, refund the retail
sales price of the ticket. In the event a defective ticket is purchased, the
only responsibility or liability of the Texas Lottery shall be to replace
the defective ticket with another unplayed ticket in that Instant Game (or
a ticket of equivalent sales price from any other current Instant Lottery
game) or refund the retail sales price of the ticket, solely at the Executive
Director's discretion.
2.2 Programmed Game Parameters.
A. Consecutive non-winning tickets will not have identical play data, spot
for spot.
B. No 3 or more like non-winning prize symbols.
C. No duplicate non-winning Your Hot Number play symbols.
D. No duplicate Winning Number play symbols.
E. No prize amount in a non-winning spot will correspond with the Your
Number play symbol (i.e. 5 and $5).
F. Non-winning prize symbols will never be the same as the winning prize
symbol(s).
2.3 Procedure for Claiming Prizes.
A. To claim an "ONE HOT NUMBER" Instant Game prize of $5.00, $10.00, $15.00,
$20.00, $50.00, $100, or $500, a claimant shall sign the back of the ticket
in the space designated on the ticket and present the winning ticket to any
Texas Lottery Retailer. The Texas Lottery Retailer shall verify the claim
and, if valid, and upon presentation of proper identification, make payment
of the amount due the claimant and physically void the ticket; provided that
the Texas Lottery Retailer may, but is not, in some cases, required to pay
a $50.00, $100 or $500 ticket. In the event the Texas Lottery Retailer cannot
verify the claim, the Texas Lottery Retailer shall provide the claimant with
a claim form and instruct the claimant on how to file a claim with the Texas
Lottery. If the claim is validated by the Texas Lottery, a check shall be
forwarded to the claimant in the amount due. In the event the claim is not
validated, the claim shall be denied and the claimant shall be notified promptly.
A claimant may also claim any of the above prizes under the procedure described
in Section 2.3.B and 2.3.C of these Game Procedures.
B. To claim an "ONE HOT NUMBER" Instant Game prize of $1,000, $5,000, or
$50,000, the claimant must sign the winning ticket and present it at one of
the Texas Lottery's Claim Centers. If the claim is validated by the Texas
Lottery, payment will be made to the bearer of the validated winning ticket
for that prize upon presentation of proper identification. When paying a prize
of $600 or more, the Texas Lottery shall file the appropriate income reporting
form with the Internal Revenue Service (IRS) and shall withhold federal income
tax at a rate set by the IRS if required. In the event that the claim is not
validated by the Texas Lottery, the claim shall be denied and the claimant
shall be notified promptly.
C. As an alternative method of claiming an "ONE HOT NUMBER" 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 "ONE HOT NUMBER"
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 "ONE HOT NUMBER" 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 therefore, 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 therefore, 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 3,049,725
tickets in the Instant Game No. 720. The approximate number and value of prizes
in the game are as follows:
Figure 3: GAME NO. 720 ONE HOT NUMBER - 4.0
A. The actual number of tickets in the game may be increased or decreased
at the sole discretion of the Texas Lottery.
5.0 End of the Instant Game. The Executive Director may, at any time, announce
a closing date (end date) for the Instant Game No. 720 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. 720,
the State Lottery Act (Texas Government Code, Chapter 466), applicable rules
adopted by the Texas Lottery pursuant to the State Lottery Act and referenced
in 16 TAC, Chapter 401, and all final decisions of the Executive Director.
TRD-200301547
Kimberly L. Kiplin
General Counsel
Texas Lottery Commission
Filed: March 5, 2003
Notice of Administrative Hearing
Tuesday, March 18, 2003, 1:00 p.m.
State Office of Administrative Hearings, William P. Clements Building,
300 W. 15th Street, 4th Floor, Suite 504
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 Texas
Department of Housing and Community Affairs vs. Barbara’s Berry Best
Buy, Inc. dba Longhorn Manufactured Homes to hear alleged violations of Sections
6(m), 6(m)(1), and 6(m)(3) of the Texas Manufactured Housing Standards Act
by refusing to refund a consumers deposit on a home which is in Respondent’s
inventory after receiving written notice. SOAH 332-03-1717. Department MHD2002001442-RD,
MHD2002001479-RD, & MHD2003000215-RD
Contact: Jim R. Hicks, P.O. Box 12489, Austin, Texas 78711-2489, (512)
475-3589, jhicks@tdhca.state.tx.us
TRD-200301465
Bobbie Hill
Deputy Executive Director
Manufactured Housing Division
Filed: February 27, 2003
Notice of Application for Amendment to Service Provider Certificate of Operating Authority
On February 26, 2003, Tipton Construction Company of Texas, Inc., doing
business as Advanced Communicating Techniques filed an application with the
Public Utility Commission of Texas (commission) to amend its service provider
certificate of operating authority (SPCOA) granted in SPCOA Certificate Number
60120. Applicant intends to reflect a change in service area and to change
the name on its certificate.
The Application: Application of Tipton Construction Company of Texas, Inc.,
d/b/a Advanced Communicating Techniques for an Amendment to its Service Provider
Certificate of Operating Authority, Docket Number 27420.
Persons wishing to comment on 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
March 19, 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 27420.
TRD-200301475
Rhonda G. Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: February 28, 2003
Notice is given to the public of the filing with the Public Utility Commission
of Texas (commission) of an application on February 27, 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 VoIP Services, LLC for a Service
Provider Certificate of Operating Authority, Docket Number 27427 before the
Public Utility Commission of Texas.
Applicant intends to provide plain old telephone service, ADSL, HDSL, Optical
Services, T1-Private Line, Frame Relay, Fractional T1, and long distance services.
Applicant's requested SPCOA geographic area includes the entire State of
Texas.
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 1-800-782-8477 no later than
March 19, 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 27427.
TRD-200301516
Rhonda G. Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: March 3, 2003
The Public Utility Commission of Texas (commission) received a petition
for rulemaking on February 27, 2003, from Mr. Paulino Aviña (Petitioner)
requesting that the commission initiate a rulemaking to provide the commission
with a legal tool to prevent excessive and/or abusive charges for telecommunications
services provided to people in correctional institutions. The petition is
assigned Project Number 27450,
Petition for Rulemaking
Regarding Charges for Telecommunications Services to People in Correctional
Institutions
. Under the Administrative Procedure Act, Texas Government
Code §2001.021, the commission shall either deny the petition in writing,
stating its reasons for denial, or initiate a rulemaking proceeding not later
than the 60th day after the date the petition is filed.
Petitioner states that the rule should address when a price on a service
or product exceeds a price generally accepted by the community in the immediate
vicinity or by agreement of a third party sharing the service or product.
In addition, Petitioner states the rule should require a review of rates in
a retroactive fashion and include reimbursement to the affected parties.
Comments on the petition may be filed no later than 3:00 p.m. on Friday,
April 4, 2003. The commission requests specific comments on the commission's
authority to adopt such a rule. Copies of the petition may be obtained from
the commission's Central Records Division, William B. Travis Building, 1701
North Congress Avenue, P.O. Box 13326, Austin, Texas 78711-3326, or through
the Interchange on the commission's web site at www.puc.state.tx.us. All inquiries
and comments concerning this petition for rulemaking should refer to Project
Number 27450.
Questions regarding this notice of petition should be directed to Lisa
Graziano, Attorney, Policy Development Division, at (512) 936-7210. 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.
TRD-200301550
Rhonda G. Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: March 5, 2003
On February 28, 2003, AT&T Communications of Texas, LP and Southwestern
Bell Telephone Company, 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 27429.
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
27429. 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 April 2, 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, 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 telephones (TTY) may contact the commission at (512)
936-7136. All correspondence should refer to Docket Number 27429.
TRD-200301531
Rhonda G. Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: March 4, 2003
On February 28, 2003, Teleport Communications Houston, Inc. and Southwestern
Bell Telephone Company, 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 27430.
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
27430. 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 April 2, 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, 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 telephones (TTY) may contact the commission at (512)
936-7136. All correspondence should refer to Docket Number 27430.
TRD-200301532
Rhonda G. Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: March 4, 2003
On February 28, 2003, TCG Dallas and Southwestern Bell Telephone Company,
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 27431. 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
27431. 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 April 2, 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, 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 telephones (TTY) may contact the commission at (512)
936-7136. All correspondence should refer to Docket Number 27431.
TRD-200301533
Rhonda G. Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: March 4, 2003
Notice is given to the public of the filing with the Public Utility Commission
of Texas (commission), a notice of intent to file a long run incremental cost
(LRIC) studies pursuant to P.U.C. Substantive Rule §26.214 on or February
28, 2003. The Applicant will file the LRIC studies on or about March 10, 2003.
Docket Title and Number. Kerrville Telephone Company Application for Approval
of LRIC Studies for Custom Calling and CLASS Features Pursuant to P.U.C. Substantive
Rule §26.214, Docket Number 27432.
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 27432. 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-200301517
Rhonda G. Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: March 3, 2003
On February 27, 2003, TXU Communications Telephone Company and Southwestern
Bell Wireless LLC/Houston Cellular Telephone Company, 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 27425. The joint application and the underlying interconnection agreement
is available for public inspection at the commission's offices in Austin,
Texas.
The commission must act to approve the interconnection agreement within
35 days after it is submitted by the parties.
The commission finds that additional public comment should be allowed before
the commission issues a final decision approving or rejecting the interconnection
agreement. Any interested person may file written comments on the joint application
by filing 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 27425. 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
March 26, 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, 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 telephones (TTY) may contact the commission at (512)
936- 7136. All correspondence should refer to Docket Number 27425.
TRD-200301476
Rhonda G. Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: February 28, 2003
On February 27, 2003, Fort Bend Telephone Company and Southwestern Bell
Wireless LLC/Houston Cellular Telephone Company, 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 27426.
The joint application and the underlying interconnection agreement is available
for public inspection at the commission's offices in Austin, Texas.
The commission must act to approve the interconnection agreement within
35 days after it is submitted by the parties.
The commission finds that additional public comment should be allowed before
the commission issues a final decision approving or rejecting the interconnection
agreement. Any interested person may file written comments on the joint application
by filing 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 27426. 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
March 26, 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, 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 telephones (TTY) may contact the commission at (512)
936- 7136. All correspondence should refer to Docket Number 27426.
TRD-200301477
Rhonda G. Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: February 28, 2003
On February 28, 2003, Southwest Arkansas Telephone Cooperative, Inc. and
Texas Am-Tel I, 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 27437. The joint application and the underlying
interconnection agreement is available for public inspection at the commission's
offices in Austin, Texas.
The commission must act to approve the interconnection agreement within
35 days after it is submitted by the parties.
The commission finds that additional public comment should be allowed before
the commission issues a final decision approving or rejecting the interconnection
agreement. Any interested person may file written comments on the joint application
by filing 13 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 27437. 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 April 2, 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, 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 telephones (TTY) may contact the commission at (512)
936-7136. All correspondence should refer to Docket Number 27437.
TRD-200301534
Rhonda G. Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: March 4, 2003
The Public Utility Commission of Texas (commission) will hold a public
workshop to discuss a rulemaking on enforcement of wholesale market rules
for the Electric Reliability Council of Texas electricity markets. Project
Number 26201,
Rulemaking on Enforcement of Wholesale
Market Rules
(formerly Code of Conduct for Wholesale Market Participants
Rulemaking) has been established for this proceeding.
The workshop will be held on March 31, 2003, at the Public Utility Commission
of Texas, Travis Building, 1701 North Congress Avenue, Austin, Texas, in the
Commissioners' Hearings Room located on the 7th floor of the building. The
workshop will start at 9:30 a.m. and last until 3:30 p.m. All interested persons
are invited to participate in the workshop.
The purpose of the workshop is to discuss the strawman that was developed
by the Commission Staff. The strawman will be filed with the commission's
Central Records Division under Project Number 26201 and will available from
the project website at www.puc.state.tx.us under "Rules and Laws" and "Rulemaking
Projects" seven days before the workshop.
Questions concerning the rulemaking or this notice should be referred to
Danielle Jaussaud, Market Oversight Division, 512-936-7396. Hearing and speech-impaired
individuals with text telephones (TTY) may contact the commission at (512)
936-7136.
TRD-200301551
Rhonda G. Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: March 5, 2003
Applications Received
Pursuant to the Texas Water Code, Section 6.195, the Texas Water Development
Board provides notice of the following applications received by the Board:
Mill Creek Water Supply Corporation, P.O. Box 738, Magnolia, Texas, 77353-0738,
received October 10, 2002, application for financial assistance in the amount
of $180,000 from the Rural Water Assistance Fund.
East Rio Hondo Water Supply Corporation, 206 Industrial Parkway, P.O. Box
621, Rio Hondo, Texas, 78583, received January 2, 2003, application for financial
assistance in the amount of $3,000,000 from the Rural Water Assistance Fund.
Batesville Water Supply Corporation, P.O. Box 187, Batesville, Texas, 78829,
received February 20, 2003, application for additional financial assistance
in the amount of $30,000 from the Economically Distressed Areas Account of
the Texas Water Development Funds.
City of Willis, P. O. Box 436, Willis, Texas, 77378, received January 31,
2003, application for financial assistance in the amount of $3,245,000 from
the Drinking Water State Revolving Fund.
Greater Texoma Utility District, in behalf of Cities of Howe, Van Alstyne,
Anna and Melissa, 5100 Airport Drive, Denison, Texas, 75020, received January
31, 2003, application for financial assistance in the total amount of $11,475,000
from the State Participation Program and the Texas Water Development Funds.
Acton Municipal Utility District Special Defined Area, 2001 Fall Creek
Highway, Granbury, Texas, 76049, received January 29, 2003, application for
financial assistance in the amount of $335,000 from the Texas Water Development
Funds.
Benton City Water Supply Corporation, 21180 Naeglin, P.O. Box 1210, Lytle,
Texas, 78052, received January 27, 2003, application for financial assistance
in the amount of $1,270,000 from the Drinking Water State Revolving Fund.
City of Mount Calm, P. O. Box 85, Mount Calm, Texas, received January 29,
2003, application for financial assistance in the amount of $340,000 from
the Drinking Water State Revolving Fund.
Panhandle Groundwater Conservation District, P. O. Box 637, White Deer,
Texas, 79097, received February 21, 2003, application for financial assistance
in the amount of $250,000 from the Agricultural Water Conservation Loan Program.
TRD-200301566
Gail L. Allan
Director of Administration and Northern Legal Services
Texas Water Development Board
Filed: March 5, 2003
Texas Water Code Settlement Notice
Coastal Coordination Council
Notice and Opportunity to Comment on Requests for Consistency Agreement/Concurrence Under the Texas Coastal Management Program
Concho Valley Workforce Development Board
Request for Quote
Office of Consumer Credit Commissioner
Notice of Rate Ceilings
Texas Commission for the Deaf and Hard of Hearing
Deep East Texas Local Workforce Development Board
Request for Quotes 03-91 Independent Reviewers for Child Care Services Proposals
Texas Education Agency
Texas Commission on Environmental Quality
Notice of District Petition
Notice of District Petition
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 Public Hearing on Proposed Revisions to 30 TAC Chapter 90
Notice of Water Quality Applications
Proposal for Decision
Proposal for Decision
Proposed Enforcement Orders
Texas Council on Environmental Technology
General Land Office
Texas Department of Health
Licensing Actions for Radioactive Materials
Notice of Amendment Number 20 to the Radioactive Material License of Waste Control Specialists, LLC
Texas Department of Housing and Community Affairs
Announcement of the 2003 Public Hearing Schedule for Comment on the 2003 Low Income Housing Tax Credit Applications
Multifamily Housing Revenue Bonds (Sphinx at Murdeaux) Series 2003
Houston-Galveston Area Council
Request for Qualifications
Texas Department of Insurance
Company Licensing
Third Party Administrator Applications
Texas Lottery Commission
Manufactured Housing Division
Public Utility Commission of Texas
Notice of Application for Service Provider Certificate of Operating Authority
Notice of Petition for Rulemaking Regarding Charges for Telecommunications Services to People in Correctional Institutions
Public Notice of Amendment to Interconnection Agreement
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 Interconnection Agreement
Public Notice of Interconnection Agreement
Public Notice of Interconnection Agreement
Public Notice of Workshop on Rulemaking on Enforcement of Wholesale Market Rules
Texas Water Development Board
Texas Workers' Compensation Commission