Texas Commission for the Blind
Request for Proposal Professional Financial Consulting Services
The Texas Commission for the Blind, hereinafter referred to as TCB, is
inviting proposals to secure the services of a consultant with a financial
investment background. The consultant will analyze the current Business Enterprises
of Texas (BET) trust fund's organizational, operational, and managerial structure;
advise TCB and licensed managers in the BET program of the options available
to them for management of the BET trust fund, and assist in the development
of specifications for an invitation for bids to procure a fund administrator.
The successful respondent to this request shall not be allowed to bid on the
resulting IFB.
What follows is an abbreviated description of the services being solicited.
If you are interested in responding to this request, the full request for
proposal has been posted on the Texas Marketplace (http://esbd.tbpc.state.tx.us)
under requisition number 3180002134. Copies may also be obtained from Vikki
Meeker by sending an e-mail to Vikki.Meeker@tcb.state.tx.us
Note: TCB will be required to obtain approval from
the Governor's Office (Finding of Fact) prior to the award of any contract
resulting from this RFP.
Statutory Authority
This request for proposal is issued under the authority of Texas Human
Resources Code, Title 5, Chapter 94, §94.016, which reads, in part:
(f) The Commission may contract with a professional management service
to administer the Business Enterprises Program trust fund. In administering
the trust fund, the professional management service may acquire, exchange,
sell, or retain any kind of investment that a prudent investor, exercising
reasonable care, skill, and caution, would acquire, exchange, sell, or retain
under the circumstances, taking into consideration the investment of all the
assets of the trust fund.
(g) With the approval of the comptroller, TCB may select a commercial bank,
depository trust company, or other entity to serve as a custodian of the Business
Enterprises Program trust fund's securities, and money realized from those
securities, pending completion of an investment transaction. Money realized
from those securities must be:
(1) reinvested not later than one business day after the date it is received;
or
(2) deposited in the treasury not later than the fifth business day after
the date it is received.
History and Background
Business Enterprises of Texas (BET) is a federally sponsored, state administrated
employment program within TCB that provides and maintains employment opportunities
on state, federal and private properties for blind Texans in the field of
food and vending services. Under the provisions of the Randolph-Sheppard Act,
vending machine income (as that term is defined by 34 C.F.R. Section 395.1(z))
that accrues to TCB, as the state licensing agency in Texas, is used, subject
to a vote of blind licensees, to establish retirement or pension plans, for
health insurance contributions, and for provision of paid sick leave and vacation
time for blind licensees in Texas.
The 76th Legislature established a trust fund in the state treasury for
individuals licensed by BET to operate vending facilities. Federal vending
machine income is credited to this Business Enterprises Program trust fund.
All expenditures authorized by the Randolph-Sheppard Act from federal vending
revenue funds are paid from the Business Enterprises Program trust fund.
In accordance with Government Code §2254.026, TCB has determined that
TCB cannot adequately perform the services with its own personnel or obtain
the consulting services through a contract with another state governmental
entity.
Scope of Work
TCB has three separate phases of work for which proposals are being solicited.
These phases are:
Phase 1 - Analysis of the current
BET trust fund's organizational, operational, and managerial structure, and
determination of options. Phase 2 - Presentation of retirement plan options
to Licensed Managers and conduct vote by Licensed Managers. Phase 3 - Assist
in the development of specifications needed for TCB to produce an invitation
for bids to procure a fund administrator
.
Questions/Clarifications
Potential respondents may submit questions by fax to Vikki M. Meeker at
(512) 377-0647 or by e-mail to Vikki.Meeker@tcb.state.tx.us TCB will post
this solicitation on the Texas Marketplace (http://esbd.tbpc.state.tx.us).
Selection under this RFP will be made on the basis of qualifications, demonstrated
competence to perform the services, and a fair and reasonable fee proposal.
Closing date: June 24, 2003.
TRD-200303007
Terrell I. Murphy
Executive Director
Texas Commission for the Blind
Filed: May 14, 2003
Project No. 00-006-501, RFP No. 303-3-11574
The Texas Building and Procurement Commission (TBPC), will receive Sealed
Proposals for construction of Project No. 00-006-501, RFP No. 303-3-11574,
New Hospital Building & Remodeling Building 501 at the Texas Center for
Infectious Disease, 2303 SE Military Drive, San Antonio, until Time 3:00 PM,
Tuesday, June 3, 2003. Only names of the respondents who submitted proposals
will be made public. Prices will not be divulged until after contract award.
Proposals will be received in Room 180, Bid Services at 1711 San Jacinto Blvd.,
if hand-delivered. If mailed or shipped, address to TBPC, Central Services
Building, Room 180, P.O. Box 13047, Austin, Texas 78711-3047.
Contact the TBPC web site at The Electronic State Business Daily at:
Good Faith Effort for use of HUB: Texas Building and Procurement Commission
has determined that work performed under this contract includes subcontracting
opportunities. Therefore, a HUB Subcontracting Plan will be required. A HUB
Subcontracting Plan must be completed and submitted as part of the Contractor's
proposal, or the proposal will be rejected as non-responsive.
PROPOSALS ARE TO BE MADE IN ACCORDANCE WITH STATE PROCEDURES.
TO BE RUN IN:
Austin American Statesman, San Antonio
Express News, and the
Texas Register
ONE (1) TIME:
Sunday, May 11, 2003
CC: Mijares Mora Architects, El Paso - 915/ 542-1591
TRD-200302962
Cindy deRoch
General Counsel
Texas Building and Procurement Commission
Filed: May 12, 2003
Project Name: Site Drainage and Building Improvements at DPS Garland Garland,
Texas For the Texas Department of Public Safety
Sealed Bids for this project will be received until
3:00 P.M., June 12, 2003, at the Bid Room, Room No. 180, 1711 San Jacinto,
Austin, TX 78701.
See the IFB for other delivery choices.
Plans and specifications may be obtained from the A/E, Freese & Nichols,
1701 North Market Street, Suite 500, LB 51, Dallas, Texas 75202, Phone (214)
920-2500, FAX (214) 920-2565, for a deposit of $40, refundable upon return
of a complete, unmarked set(s).
A Pre-Bid Conference will be held at Report Conference Room, DPS Regional
Headquarters, 350 IH 30, Garland, Texas 75043, at 10:30 a.m. Thursday, May
29, 2003. Attendance at the pre-bid conference by the bidders is strongly
advised. Only bids submitted on the official CONTRACTOR'S BID FORM found in
the Project Manual will be accepted.
The IFB may be obtained by contacting TBPC Internal Procurement, Attn:
Deborah Norwood (Fax: 512-463-3360), deborah.norwood@tbpc.state.tx.us or through
the Electronic State Business Daily at:
http://esbd.tbpc.state.tx.us/1380/bid_show.cfm?bidid=47299
No oral explanation in regard to the meaning of the Drawings and Specifications
will be made and no oral instructions will be given before the award of the
Contract. Discrepancies, omissions or doubts as to the meaning of Drawings
and Specifications and all communications concerning the project shall be
communicated in writing to the Deborah Norwood via fax at (512) 463-3360 or
via email at deborah.norwood@tbpc.state.tx.us for interpretation. Bidders
should act promptly and allow sufficient time for a reply to reach them before
the submission of their Bids. Any interpretation made will be in the form
of an addendum to the Specifications, which will be forwarded to all known
Bidders and its receipt by the Bidder shall be acknowledged on the Contractor's
Bid Form or on the face of the Addendum and returned with the bid.
TRD-200302983
Cindy deRoch
General Counsel
Texas Building and Procurement Commission
Filed: May 13, 2003
Project Name: ADA/TAS improvements at DPS Cleburne Cleburne, Texas For
the Texas Department of Public Safety
Sealed Bids for this project will be received until
3:00 P.M., June 12, 2003, at the Bid Room, Room No. 180, 1711 San Jacinto,
Austin, TX 78701.
See the IFB for other delivery choices.
Plans and specifications may be obtained from the A/E, Bucher Willis &
Ratliff, 7920 Ward Parkway, Kansas City, Missouri 64114, Phone (816) 363-2696,
FAX (816) 363-0027, or to contact Sergeant Johnny Bekkelund at DPS Cleburne,
600 West Kilpatrick, Cleburne, Texas 76031, Phone (817) 641-2205, Extension
102, for a deposit of $40, refundable upon return of a complete, unmarked
set(s).
A Pre-Bid Conference will be held at conference room of DPS Cleburne, 600
West Kilpatrick, Cleburne, Texas 76031, at 3:00 p.m. Thursday, May 29, 2003.
Attendance at the pre-bid conference by the bidders is strongly advised. Only
bids submitted on the official CONTRACTOR'S BID FORM found in the Project
Manual will be accepted.
The IFB may be obtained by contacting TBPC Internal Procurement, Attn:
Deborah Norwood (Fax: 512-463-3360), deborah.norwood@tbpc.state.tx.us or through
the Electronic State Business Daily at:
http://esbd.tbpc.state.tx.us/1380/bid_show.cfm?bidid=47298
No oral explanation in regard to the meaning of the Drawings and Specifications
will be made and no oral instructions will be given before the award of the
Contract. Discrepancies, omissions or doubts as to the meaning of Drawings
and Specifications and all communications concerning the project shall be
communicated in writing to the Deborah Norwood via fax at (512) 463-3360 or
via email at deborah.norwood@tbpc.state.tx.us for interpretation. Bidders
should act promptly and allow sufficient time for a reply to reach them before
the submission of their Bids. Any interpretation made will be in the form
of an addendum to the Specifications, which will be forwarded to all known
Bidders and its receipt by the Bidder shall be acknowledged on the Contractor's
Bid Form or on the face of the Addendum and returned with the bid.
TRD-200302982
Cindy deRoch
General Counsel
Texas Building and Procurement Commission
Filed: May 13, 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 project(s) during the period of May 2, 2003, through May
8, 2003. The public comment period for these projects will close at 5:00 p.m.
on June 13, 2003.
FEDERAL AGENCY ACTIONS:
Applicant: City of Clear Lake Shores; Location: The project is located
at the intersection of North Shore Drive and Queen Road in the City of Clear
Lake Shores, Galveston County, Texas. The project can be located on the U.S.G.S.
quadrangle map entitled: League City, Texas. Approximate UTM Coordinates:
Zone 15; Easting: 303188; Northing: 3270558. Project Description: The applicant
proposes to install 40 linear feet of timber bulkhead to tie-in to the existing
timber bulkhead on the adjacent properties to the east and west of the project
site. In addition, the applicant proposes to place 165 cubic yards of fill
(0.03 acre) below the plane of mean high tide in Clear Lake. The fill would
be placed within an old boat ramp. The applicant would then reclaim the space
to be used as park. CCC Project No.: 03-0138-F1; Type of Application: U.S.A.C.E.
permit application #22985 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: Gabriel Vanounou; Location: The project is located at 1506 West
Highway 100, Port Isabel, Texas 78578. The project can be located on the U.S.G.S.
quadrangle map entitled: Port Isabel, Texas. Approximate UTM Coordinates:
Zone 14; Easting: 677652; Northing: 2884808. Project Description: The applicant
proposes to construct an approximately 1,280-linear-foot fiberglass with concrete
cap bulkhead and construct 10 boat slips. Approximately 5,200 cubic yards
of fill will be needed behind the bulkhead. The proposed elevation of the
bulkhead is 4.5 feet. Buried riprap will be placed at the toe of the bulkhead
prior to fill to protect the integrity of the bulkhead. No dredging is proposed.
Approximately 0.43 acre of wetlands, and 0.41 acre of shallow water habitat
are proposed to receive fill. The applicant has stated that the project purpose
is to protect the property from erosion and to enable further development
of the property. The total area proposed to receive fill is approximately
0.84 acre. CCC Project No.: 03-0143-F1; Type of Application: U.S.A.C.E. permit
application #22970 is being evaluated under §10 of the Rivers and Harbors
Act of 1899 (33 U.S.C.A. §403) and §404 of the Clean Water Act (33
U.S.C.A. §125-1387). NOTE: The consistency review for this project may
be conducted by the Texas Commission on Environmental Quality as part of its
certification under §401 of the Clean Water Act.
Applicant: Neumin Production Company; Location: The project is located
in State Tract 89, San Antonio Bay, approximately 3.4 miles south of Channel
Marker Number 27. The project can be located on the U.S.G.S. quadrangle map
entitled: Mesquite Bay, Texas. Approximate UTM Coordinates: Zone 14; Easting:
720771; Northing: 3121069. Project Description: The applicant proposes to
erect and maintain structures and appurtenances in connection with the drilling
of a single well 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 site for drilling barge stabilization. Pad size
and height would be dependent on bottom conditions. If fill is required, approximately
4,500 cubic yards of shell, crushed rock, or washed gravel, will be used to
construct an approximately 27,000-square-foot drilling pad. No dredging is
required for the proposed activity. The applicant also proposes to install
100 feet of pipeline from the proposed well number 2 in State Tract 89 to
the existing well number 1 in State Tract 89. The pipeline will be jetted,
disked, or plowed a minimum distance of 3 feet below the bay bottom, and the
trench is expected to fill naturally. Approximately 22.2 cubic yards of sand,
silt, and clay will be displaced during the pipeline installation. Up to 5
feet of bottom (1,000 square feet) on either side of the trench would be temporarily
affected. No seagrass, oysters, or shell reefs are found within 500 feet of
the proposed drill site or within 500 feet either side of the proposed pipeline.
CCC Project No.: 03-0144-F1; Type of Application: U.S.A.C.E. permit application
#23027 is being evaluated under §10 of the Rivers and Harbors Act of
1899 (33 U.S.C.A. §403) and §404 of the Clean Water Act (33 U.S.C.A. §125-1387).
NOTE: The consistency review for this project may be conducted by the Texas
Railroad Commission as part of its certification under §401 of the Clean
Water Act.
Applicant: Yuma E&P; Location: The project is located in Trinity Bay,
approximately 8.7 miles southeast of Baytown, Chambers County, Texas. The
project can be located on the U.S.G.S. quadrangle map entitled: Umbrella Point,
Texas. Approximate UTM Coordinates: Zone 15; Easting: 321078; Northing: 3282148.
Project Description: The applicant proposes to install, operate, and maintain
structures and equipment necessary for oil and gas drilling, and production
in ST 96 No. 2 Well. Such activities include installation of typical marine
barges and keyways, shell and gravel pads, production structures with attendant
facilities, and walkway and flowline from the well to the production platform.
The proposed shell pad will consist of an area 210 feet long by 64 feet wide
by 3 feet wide by 3 feet deep, for a total of 40,320 cubic yards of fill.
The drilling barge is 200 feet long by 50 feet wide. If the well is determined
to be productive, the applicant will remove the drilling barge and install
a typical 10-foot by 20-foot well protector platform. This platform will help
facilitate the production of the well. The walkway will be 100 feet long and
4 feet wide. The walkway will hold the proposed 4-inch flowline. The proposed
structures will cover a total of 0.414 acre of Trinity Bay. CCC Project No.:
03-0146-F1; Type of Application: U.S.A.C.E. permit application #23040 is being
evaluated under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. §403)
and §404 of the Clean Water Act (33 U.S.C.A. §125-1387). NOTE: The
consistency review for this project may be conducted by the Texas Railroad
Commission as part of its certification under §401 of the Clean Water
Act.
Applicant: Keith Fiegel; Location: The project is located along the Colorado
River, in Matagorda, Matagorda County, Texas. The project can be located on
the U.S.G.S. quadrangle map entitled: Matagorda, Texas. Approximate UTM Coordinates:
Zone 15; Easting: 209681; Northing: 3176686. Project Description: The applicant
proposes to construct a pier and boatlift, and to place 217 cubic yards of
broken concrete for shoreline erosion protection. The pier will have a walkway
that will be 80 square feet and a t-head that will be 300 square feet. The
boatlift will be 336 square feet. Both the pier and the boatlift will be elevated
2 feet above mean high water. CCC Project No.: 03-0148-F1; Type of Application:
U.S.A.C.E. permit application #23024 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).
FEDERAL AGENCY ACTIVITIES:
Applicant: U.S. Army Corps of Engineers, Galveston District; Location:
The purposed of this study is to develop and evaluate alternatives for navigation
problems that directly affect the GIWW between High Island and the Brazos
River. Project Description: This Draft Feasibility Report and Environmental
Assessment (EA) for the Gulf Intracoastal Waterway (GIWW) Section 216 Study,
High Island to Brazos River, Chambers, Galveston and Brazoria counties, Texas.
The Draft EA documents baseline conditions at the project sites and the anticipated
impacts from the proposed GIWW modifications. The purpose of this study is
to allow for a more effective, safe, and efficient waterway. The study focuses
on eliminating the major problems contributing to inefficiencies on the waterway,
such as one-way traffic, high shoaling rates due to extreme wind and current
effects, and the high number of groundings, which contribute to safety concerns.
This study was undertaken to evaluate operational needs and address environmental
considerations along the waterway and is being conducted under the authority
of Section 216 of the 1970 Flood Control Act. The High Island to Brazos River
Section 216 Reconnaissance Report was completed in February 1995. This was
the first phase of a two-phase planning investigation that addressed the existing,
federally maintained, 423-mile Texas section of the GIWW between High Island
and the Brazos River. The Reconnaissance study identified seven areas having
a Federal interest in navigation improvement between High Island and the Brazos
River. The Project Study Plan (PSP) was completed in August 1995, and it identified
four additional project areas with Federal interest. CCC Project No.: 03-0140-F2;
Type of Application: This public notice is issued in accordance with the provisions
of Federal regulations, Title 33 CFR 337.l and Title 40 CFR 230, concerning
the policy, practice and procedures to be followed by the U.S. Army Corps
of Engineers in conjunction with the disposition of dredged or fill material
in navigable waters.
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-200303008
Larry L. Laine
Chief Clerk/Deputy Land Commissioner, General Land Office
Coastal Coordination Council
Filed: May 14, 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 Sections 303.003
and 303.009, Tex. Fin. Code.
The weekly ceiling as prescribed by Sections 303.003 and 303.009 for the
period of 05/19/03 -- 05/25/03 is 18% for Consumer
1
/Agricultural/Commercial
2
/credit thru
$250,000.
The weekly ceiling as prescribed by Sections 303.003 and 303.09 for the
period of 05/19/03 -- 05/25/03 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-200302984
Leslie L. Pettijohn
Commissioner
Office of Consumer Credit Commissioner
Filed: May 13, 2003
Invitation for Offers
The purpose of this Invitation for Offers is to solicit offers to study
the public defender's offices in Wichita and Dallas counties, identify the
best practices in those offices, and make recommendations for the improvement
of those public defender's systems. In addition, the consultant will prepare
an analysis of the process, methodology, and potential costs of establishing
public defender's offices in other counties or regions in Texas.
The contract will begin upon the issuance of a Purchase Order and terminate
upon acceptance of deliverables but, shall in no event extend beyond August
31, 2003.
The deadline for submitting a response for this procurement is at 3:00
p.m. June 25, 2003. Responses submitted shall be valid for 30 days.
To receive a copy of the Request for Offers, contact:
James Bethke
Task Force on Indigent Defense
205 West 14th Street, Suite 700
Austin, Texas 78701
Phone: (512) 936-6994
FAX: (512) 475-3450
E-Mail: jim.bethke@courts.state.tx.us
Prospective offerors should submit questions by e-mail to Jim Bethke. All
questions and answers will be posted on Task Force's web page at www.courts.state.tx.us/tfid.
Potential bidders are responsible for checking the posting to review the questions
and answers.
TRD-200302846
James D. Bethke
Director, Task Force in Indigent Defense
Office of Court Administration
Filed: May 7, 2003
Request for Applications Concerning Even Start Family Literacy Program
Eligible Applicants. The Texas Education Agency (TEA) is requesting applications
under Request for Applications (RFA) # 701-03-016 from: (1) a local educational
agency (LEA) applying in partnership with a non-profit community-based organization
(CBO), public agency, institution of higher education, or other public or
private non-profit organization; (2) a CBO of demonstrated quality applying
in partnership with an LEA in Texas; or (3) an education service center applying
as fiscal agent of a shared services arrangement of school districts in partnership
with a non-profit CBO, a public agency, an institution of higher education,
or other public or private non-profit organizations.
The Even Start Family Literacy Program provides intensive family literacy
services in adult education, early childhood and parenting education, parent
and child together (PACT) time, and home- based visits by a parent educator.
The Even Start Family Literacy Program provides intensive family literacy
services that involve parents and children, from birth through age 7, in a
cooperative effort to help parents become full partners in the education of
their children and to assist children in reaching their full potential as
learners.
The major goal of the program is to provide family centered high quality
intensive instructional programs that promote adult literacy and empower parents
to support the educational growth of their children, developmentally appropriate
early childhood educational services, and preparation of children for success
in regular school programs. The program also provides support and related
services, including childcare for parents involved in activities and transportation
to and from activities. Eligible providers should maximize the existing community
resources by forming collaborative partnerships to avoid duplication of services
and excessive administrative costs. Each project must provide for an independent
outside evaluator.
Dates of Project. The Even Start Family Literacy program will be implemented
during the 2003-2004 school year. Applicants should plan for a starting date
of no earlier than September 1, 2003, and an ending date of no later than
August 31, 2004.
Project Amount. Funding will be provided for approximately 15 new projects.
Each project will receive a maximum of $200,000 for fiscal year 2003-2004.
Project funding in the second, third, and fourth years will be based on satisfactory
progress of the preceding year’s objectives and activities and on general
budget approval by the State Board of Education, the commissioner of education,
and the U.S. Congress. Applicants are required to contribute a 10% cost share
during the first year, with the local share increasing by 10% each subsequent
year until it reaches 40%. A grantee that has completed four years of funding
can apply and compete for a new four-year funding cycle. If the applicant
is successful, the cost share requirement increases to 50% each year of the
second cycle. A grantee that has completed eight or more years can now apply
and compete for a third or fourth cycle with a federal share amount of $100,000
and cost share requirement that increases to 65% each year of the third or
fourth cycle.
Selection Criteria. Applications will be selected based on the independent
reviewers' assessment of each applicant's ability to carry out all requirements
contained in the RFA. Reviewers will evaluate applications based on the overall
quality and validity of the proposed grant programs and the extent to which
the applications address the primary objectives and intent of the project.
Applications must address each requirement as specified in the RFA to be considered
for funding. The TEA reserves the right to select from the highest ranking
applications those that address all requirements in the RFA and that are most
advantageous to the project.
The TEA is not obligated to approve an application, provide funds, or endorse
any application submitted in response to this RFA. This RFA does not commit
TEA to pay any costs before an application is approved. The issuance of this
RFA does not obligate TEA to award a grant or pay any costs incurred in preparing
a response.
Requesting the Application. A complete copy of RFA #701-03-016 may 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 RFA number and title in your request. Provide your name,
complete mailing address, and phone number including area code. The announcement
letter and complete RFA will also be posted on the TEA website at http://www.tea.state.tx.us/grant/announcements/grants2.cgi
for viewing and downloading.
Further Information. For clarifying information about the RFA, contact
Effie Franklin, Division of Adult and Continuing Education, TEA, (512) 463-9294.
Deadline for Receipt of Applications. Applications must be received in
the Document Control Center of the TEA by 5:00 P.M. (Central Time), Wednesday,
August 6, 2003, to be considered for funding.
TRD-200303000
Cristina De La Fuente-Valadez
Manager, Policy Planning
Texas Education Agency
Filed: May 14, 2003
Enforcement Orders
An agreed order was entered regarding Prestige Metals Plating, Inc., Docket
No. 2001-0288- IHW-E on May 2, 2003 assessing $38,400 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Rebecca Nash, 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 Alauddin Investments, Inc. dba Kwik
Trip Food Store, Docket No. 2001-0130-PST-E on May 2, 2003 assessing $17,500
in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Robert Hernandez, Jr., Staff Attorney at (210) 403-4016, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
A default order was entered regarding Carolyn Krone, Docket No. 2001-0842-IHW-E
on May 2, 2003 assessing $12,000 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Alfred Okpohworho, Staff Attorney at (713) 422-8919, Texas Commission on Environmental
Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Young Brothers, Inc., Contractors,
Docket No. 2001- 0096-AIR-E on May 2, 2003 assessing $4,375 in administrative
penalties.
Information concerning any aspect of this order may be obtained by contacting
Darren Ream, Staff Attorney at (817) 588-5878, Texas Commission on Environmental
Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Chaudray, Inc. dba Hoff's Food Store,
Docket No. 2001- 0820-PST-E on May 2, 2003 assessing $8,000 in administrative
penalties with $3,175 deferred.
Information concerning any aspect of this order may be obtained by contacting
Shannon Strong, Staff Attorney at (512) 239-6201, Texas Commission on Environmental
Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding NJB & Sons, Inc., Docket No.
2000-1182-MWD-E on May 2, 2003 assessing $625 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Lisa Lemanczyk, Staff Attorney at (512) 239-5915, Texas Commission on Environmental
Quality, P.O. Box 13087, Austin, Texas 78711-3087.
A default order was entered regarding Seung Jae Lee and John Cha dba Young's
Mart 2, Docket No. 2001-1166-PST-E on May 2, 2003 assessing $38,500 in administrative
penalties.
Information concerning any aspect of this order may be obtained by contacting
Gitanjali Yadav, Staff Attorney at (512) 239-2029, Texas Commission on Environmental
Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Mission Resources Corporation, Docket
No. 2002-1220- AIR-E on May 2, 2003 assessing $1,625 in administrative penalties
with $325 deferred.
Information concerning any aspect of this order may be obtained by contacting
Trina Grieco, Enforcement Coordinator at (713) 767-3607, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Ahmad Issa dba Kwik Mart, Docket
No. 2002-0823- PST-E on May 2, 2003 assessing $1,250 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Jorge Ibarra, P.E., 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 Randy Koonsman dba Koonsman Backhoe,
Docket No. 2002-0665-OSI-E on May 2, 2003 assessing $875 in administrative
penalties with $175 deferred.
Information concerning any aspect of this order may be obtained by contacting
Laurie Eaves, Enforcement Coordinator at (512) 239-4495, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Jim Wells County, Docket No. 2002-0986-MLM-E
on May 2, 2003 assessing $4,125 in administrative penalties with $200 deferred.
Information concerning any aspect of this order may be obtained by contacting
Audra Baumgartner, Enforcement Coordinator at (361) 825-3131, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Harris Methodist Southwest dba Harris
Methodist Southwest Hospital, Docket No. 2002-1212-PST-E on May 2, 2003 assessing
$2,250 in administrative penalties with $450 deferred.
Information concerning any aspect of this order may be obtained by contacting
Judy Fox, Enforcement Coordinator at (817) 588-5825, Texas Commission on Environmental
Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Gerald B. Dipple, Jr. dba Remington
Tanner Dairy, Docket No. 2002-0921-AGR-E on May 2, 2003 assessing $2,850 in
administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Sherry Smith, Enforcement Coordinator at (512) 239-0572, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Lindell, Incorporated dba Pic Quick,
Docket No. 2002- 0721-PST-E on May 2, 2003 assessing $3,575 in administrative
penalties with $715 deferred.
Information concerning any aspect of this order may be obtained by contacting
Lawrence King, Enforcement Coordinator at (512) 339-2929, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Petroleum Wholesale, Inc., Docket
No. 2002-0758-PST- E on May 2, 2003 assessing $11,400 in administrative penalties
with $2,280 deferred.
Information concerning any aspect of this order may be obtained by contacting
Catherine Sherman, Enforcement Coordinator at (713) 767-3624, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Earthgrains Baking Companies, Inc.
a wholly owned subsidiary of Sara Lee Bakery Group, Inc., Docket No. 2003-0020-AIR-E
on May 2, 2003 assessing $1,925 in administrative penalties with $385 deferred.
Information concerning any aspect of this order may be obtained by contacting
Sheila Smith, Enforcement Coordinator at (512) 239-1670, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding City of West Tawakoni, Docket No.
2001-0988-MWD-E on May 2, 2003 assessing $22,000 in administrative penalties.
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 W. Silver, Inc., Docket No. 2002-1080-AIR-E
on May 2, 2003 assessing $3,100 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Gloria Stanford, Enforcement Coordinator at (512) 239-1871, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Vegas World Oil Services, Inc., Docket
No. 2002-0934- MSW-E on May 2, 2003 assessing $250 in administrative penalties
with $50 deferred.
Information concerning any aspect of this order may be obtained by contacting
Steven Lopez, Enforcement Coordinator at (512) 239-1896, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Antonio C. Huerta Dba Tony's Septic
Cleaning, Docket No. 2002-1227-SLG-E on May 2, 2003 assessing $1,000 in administrative
penalties with $200 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 Texas SAI, Inc. dba Texas Star Grocery,
Docket No. 2002-0959-PST-E on May 2, 2003 assessing $3,150 in administrative
penalties with $630 deferred.
Information concerning any aspect of this order may be obtained by contacting
Bradley Brock, Enforcement Coordinator at (512) 239-1165, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Royal Baths Manufacturing Company,
LTD., Docket No. 2002-1258-AIR-E on May 2, 2003 assessing $1,925 in administrative
penalties with $385 deferred.
Information concerning any aspect of this order may be obtained by contacting
Kimberly McGuire, Enforcement Coordinator at (713) 422-8938, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Rhodia, Inc., Docket No. 2002-0750-AIR-E
on May 2, 2003 assessing $88,200 in administrative penalties with $17,640
deferred.
Information concerning any aspect of this order may be obtained by contacting
Carl Schnitz, Enforcement Coordinator at (512) 239-1892, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Payless Fuel Centers of Texas, LLC
dba Payless Fuel Center, Docket No. 2002-0472-PST-E on May 2, 2003 assessing
$2,000 in administrative penalties with $400 deferred.
Information concerning any aspect of this order may be obtained by contacting
Jorge Ibarra, P.E., 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 HEC Petroleum, Inc., Docket No. 2002-1273-AIR-E
on May 2, 2003 assessing $2,050 in administrative penalties.
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 Republic Waste Services of Texas,
Ltd., Docket No. 2002-1360-AIR-E on May 2, 2003 assessing $1,875 in administrative
penalties with $375 deferred.
Information concerning any aspect of this order may be obtained by contacting
Sandra Alaniz, Enforcement Coordinator at (956) 430-6044, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Citgo Products Pipleline Company,
Docket No. 2002- 1192-AIR-E on May 2, 2003 assessing $1,625 in administrative
penalties with $325 deferred.
Information concerning any aspect of this order may be obtained by contacting
Judy Fox, Enforcement Coordinator at (817) 588-5825, Texas Commission on Environmental
Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Mohammad Khan Khokhar dba Go 4 It
Food & Fuel, Docket No. 2002-0731-PST-E on May 2, 2003 assessing $5,000
in administrative penalties with $4,400 deferred.
Information concerning any aspect of this order may be obtained by contacting
Sandy Van Cleave, Enforcement Coordinator at (512) 239-0667, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding City of Buffalo, Docket No. 2002-1322-MWD-E
on May 2, 2003 assessing $4,950 in administrative penalties.
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 BurCo Concrete, Inc., Docket No.
2002-0184-AIR-E on May 2, 2003 assessing $300,000 in administrative penalties
with $299,400 deferred.
Information concerning any aspect of this order may be obtained by contacting
Catherine Sherman, Enforcement Coordinator at (713) 767-3624, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Flat Creek Cove Water Supply, Docket
No. 2001-1358- PWS-E on May 2, 2003 assessing $1,400 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Shannon Strong, Staff Attorney at (512) 239-6201, Texas Commission on Environmental
Quality, P.O. Box 13087, Austin, Texas 78711-3087.
TRD-200302985
LaDonna Castañuela
Chief Clerk
Texas Commission on Environmental Quality
Filed: May 13, 2003
For the Period of May 7, 2003
APPLICATION Waste Management of Texas, Inc., has applied to the Texas Commission
on Environmental Quality (TCEQ) for a permit to amend the existing permit
(MSW 523-A) by expanding vertically from an elevation of 773 feet mean sea
level (ft-msl) to an elevation of 916 ft- msl, an increase in height of 143
feet. The facility is located approximately 2 1/2 miles southeast of the intersection
of State Highway 11 (SH-11) and Farm to Market (FM) Road 1417 and mile east
of SH-11 on the south side of Nelson Road, in Grayson County, Texas. This
application was submitted to the TCEQ on March 14, 2002.
The TCEQ executive director has completed the technical review of the application
and prepared a draft permit. The draft permit, if approved, would establish
the conditions under which the facility must operate. The executive director
has made a preliminary decision to issue this draft permit. The permit application,
executive director's preliminary decision, and draft permit are available
for viewing and copying at the City of Sherman Public Library at 421 North
Travis in the City of Sherman, Texas, in Grayson County.
MAILING LISTS. You may ask to be placed on a mailing list to obtain additional
information regarding this application by sending a request to the Office
of the Chief Clerk at the address below. You may also ask to be on a county-wide
mailing list to receive public notices for TCEQ permits in the county.
PUBLIC COMMENT / PUBLIC MEETING. You may submit public comments or request
a public meeting about this application. The purpose of a public meeting is
to provide the opportunity to submit comment or to ask questions about the
application. The TCEQ will hold a public meeting if the executive director
determines that there is a significant degree of public interest in the application
or if requested by a local legislator. A public meeting is not a contested
case hearing.
You may submit additional written public comment to the Office of the Chief
Clerk, MC 105, TCEQ, P.O. Box 13087, Austin, TX 78711-3087 within 30 days
from the date of newspaper publication of this notice.
OPPORTUNITY FOR A CONTESTED CASE HEARING. After the deadline for public
comments, the executive director will consider the comments and prepare a
response to all relevant and material or significant public comments. The
response to comments, along with the executive director's decision on the
application, will be mailed to everyone who submitted public comments or who
requested to be on a mailing list for this application. If comments are received,
the mailing will also provide instructions for requesting a contested case
hearing or reconsideration of the executive director's decision. A contested
case hearing is a legal proceeding similar to a civil trial in a state district
court. A contested case hearing will only be granted based on disputed issues
of fact that are relevant and material to the Commission's decision on the
application. Further, the Commission will only grant a hearing on issues that
were raised during the public comment period and not withdrawn. Issues that
are not raised in public comments may not be considered during a hearing.
EXECUTIVE DIRECTOR ACTION. The executive director may issue final approval
of the application unless a timely contested case hearing request or request
for reconsideration is filed. If a timely hearing request or request for reconsideration
is filed, the executive director will not issue final approval of the permit
and will forward the application and requests to the TCEQ Commissioners for
their consideration at a scheduled Commission meeting.
INFORMATION. If you need more information about this permit application
or the permitting process, please call the TCEQ Office of Public Assistance,
Toll Free, at 1-800-687-4040. General information about the TCEQ can be found
at our web site at www.tceq.state.tx.us.
Further information may also be obtained from Mr. Rick Losa, Waste Management
of Texas, Inc., Divisional Landfill Manager, at P.O. Box 31, Lewisville, TX,
75067, or by calling him at (972) 459-1221.
TRD-200302987
LaDonna Castañuela
Chief Clerk
Texas Commission on Environmental Quality
Filed: May 13, 2003
For the Period of May 12, 2003
APPLICATION The City of Anson has applied to the Texas Commission on Environmental
Quality (TCEQ) for a permit (Proposed Permit No. MSW 2301) to authorize a
new Type I-AE municipal solid waste disposal facility. The proposed site covers
approximately 51.21 acres. The facility is located approximately 9 miles east
of the City of Anson, approximately 2.5 miles southeast of the City Limits
of Anson, Texas, on the south side of State Highway 180, in Jones County,
Texas. This application was submitted to the TCEQ on October 17, 2002.
The TCEQ executive director has completed the technical review of the application
and prepared a draft permit. The draft permit, if approved, would establish
the conditions under which the facility must operate. The executive director
has made a preliminary decision to issue this draft permit. The permit application,
executive director's preliminary decision, and draft permit are available
for viewing and copying at the City of Anson City Hall, 1314 Commercial Avenue,
Anson, Texas, 79501, in Jones County.
MAILING LISTS. You may ask to be placed on a mailing list to obtain additional
information regarding this application by sending a request to the Office
of the Chief Clerk at the address below. You may also ask to be on a county-wide
mailing list to receive public notices for TCEQ permits in the county.
PUBLIC COMMENT / PUBLIC MEETING. You may submit public comments or request
a public meeting about this application. The purpose of a public meeting is
to provide the opportunity to submit comment or to ask questions about the
application. The TCEQ will hold a public meeting if the executive director
determines that there is a significant degree of public interest in the application
or if requested by a local legislator. A public meeting is not a contested
case hearing.
You may submit additional written public comment to the Office of the Chief
Clerk, MC 105, TCEQ, P.O. Box 13087, Austin, TX 78711-3087 within 30 days
from the date of newspaper publication of this notice.
OPPORTUNITY FOR A CONTESTED CASE HEARING. After the deadline for public
comments, the executive director will consider the comments and prepare a
response to all relevant and material or significant public comments. The
response to comments, along with the executive director's decision on the
application, will be mailed to everyone who submitted public comments or who
requested to be on a mailing list for this application. If comments are received,
the mailing will also provide instructions for requesting a contested case
hearing or reconsideration of the executive director's decision. A contested
case hearing is a legal proceeding similar to a civil trial in a state district
court.
A contested case hearing will only be granted based on disputed issues
of fact that are relevant and material to the Commission's decision on the
application. Further, the Commission will only grant a hearing on issues that
were raised during the public comment period and not withdrawn. Issues that
are not raised in public comments may not be considered during a hearing.
EXECUTIVE DIRECTOR ACTION. The executive director may issue final approval
of the application unless a timely contested case hearing request or request
for reconsideration is filed. If a timely hearing request or request for reconsideration
is filed, the executive director will not issue final approval of the permit
and will forward the application and requests to the TCEQ Commissioners for
their consideration at a scheduled Commission meeting.
INFORMATION. If you need more information about this permit application
or the permitting process, please call the TCEQ Office of Public Assistance,
Toll Free, at 1-800-687-4040. General information about the TCEQ can be found
at our web site at www.tceq.state.tx.us.
Further information may also be obtained from the City of Anson at 1314
Commercial Avenue, Anson, Texas, 79501 in Jones County, or by calling the
City Offices at (915) 823-2412.
TRD-200302989
LaDonna Castañuela
Chief Clerk
Texas Commission on Environmental Quality
Filed: May 13, 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
June 23, 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 June 23, 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: Jeff Lyon dba A-1 Metal Recyclers; DOCKET NUMBER: 2000-0059-MLM-
E; TCEQ ID NUMBERS: 86353 and MA-0050-S; LOCATION: 600 East White Street,
Brady, McCulloch County, Texas; TYPE OF FACILITY: scrap metal processing plant;
RULES VIOLATED: 30 TAC §335.4, and TWC, §26.121, by failing to prevent
and contain unauthorized discharges; 30 TAC §§335.6, 335.62, 335.431,
335.504 and 40 Code of Federal Regulations (CFR) §262.11 and §268.7,
by failing to notify the TCEQ of waste generated and waste management units,
and failing to conduct a waste determination and classification to determine
if the waste met land ban treatment standards prior to disposal; 30 TAC §335.9,
by failing to maintain records of waste generated, stored, and processed on-site
and failing to submit to the TCEQ annual waste summaries; 30 TAC §335.69(a)
and §335.112, and 40 CFR §262.34, by failing to comply with accumulation
time requirements including labeling and dating hazardous waste containers,
maintaining closed hazardous waste containers in good condition, providing
personnel training, having preparedness and prevention measures, and having
a contingency plan; and 30 TAC §335.474 and §335.479, by failing
to have a source reduction and waste minimization plan; PENALTY: $14,500;
STAFF ATTORNEY: Rich O'Connell, Litigation Division, MC 175, (512) 239-5528;
REGIONAL OFFICE: San Angelo Regional Office, 622 South Oakes, Suite K, San
Angelo, Texas 76903-7013, (915) 655-9479.
(2) COMPANY: Western Environmental of Oklahoma, L. L. C.; DOCKET NUMBER:
1999- 0412-IHW-E; TCEQ ID NUMBER: F0237; LOCATION: 11600 Carle Road, La Coste,
Medina County, Texas; TYPE OF FACILITY: petroleum refinery; RULES VIOLATED:
30 TAC §335.4, and TWC, §26.121, by causing, allowing, suffering,
or permitting unauthorized discharges of wastes into or adjacent to the waters
of the state and failing to contain the discharges; 30 TAC §335.69(a)
and 40 CFR §262.34(a), by accumulating hazardous waste on-site for more
than 90 days without a permit or interim status; 30 TAC §335.6(a), by
failing to obtain a TCEQ solid waste registration number and failing to notify
the TCEQ of all hazardous and nonhazardous waste activities; 30 TAC §335.63
and 40 CFR §262.12, by failing to obtain an United States Environmental
Protection Agency identification number; and 30 TAC §335.62, and 40 CFR §262.11,
by failing to perform hazardous waste determinations on 13 separate waste
streams; PENALTY: $48,950; STAFF ATTORNEY: Rich O'Connell, Litigation Division,
MC 175, (512) 239-5528; REGIONAL OFFICE: San Antonio Regional Office, 14250
Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.
TRD-200302980
Paul C. Sarahan
Director, Litigation Division
Texas Commission on Environmental Quality
Filed: May 13, 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
June 23, 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 June 23, 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: B & S Cattle Feeders, L. L. C.; DOCKET NUMBER: 2000-0466-AGR-E;
TCEQ ID NUMBER: none; LOCATION: approximately 1/4 east of the intersection
of Farm-to-Market Road (FM) 1567 and County Road 2439, on FM 1563, Reilly
Springs, Hopkins County, Texas; TYPE OF FACILITY: concentrated animal feeding
operation; RULES VIOLATED: 30 TAC §321.33(g), by failing to obtain written
authorization from the TCEQ to confine more than 299 animals; and 30 TAC §321.40(11),
by failing to properly dispose of dead animals within three days; PENALTY:
$600; STAFF ATTORNEY: James Biggins, Litigation Division, MC R-13, (210) 403-4017;
REGIONAL OFFICE: Tyler Regional Office, 2916 Teague Drive, Tyler, Texas 75701-3756,
(903) 535-5100.
(2) COMPANY: BFI Waste Systems of North America, Inc.; DOCKET NUMBER: 2000-
1385-AIR-E; TCEQ ID NUMBER: BG-0734-U; LOCATION: 7000 Interstate Highway 10
East, San Antonio, Bexar County, Texas; TYPE OF FACILITY: municipal solid
waste landfill; RULES VIOLATED: 30 TAC §101.4, and Texas Health and Safety
Code (TSHC), §382.085(a) and (b), by allowing a nuisance odor to occur
and interfere with the normal use and enjoyment of property located downwind;
30 TAC §§101.20(1), 116.115(c), 116.621(4), and 122.144, THSC, §382.085(b),
40 Code of Federal Regulations (CFR) §60.758(c), General Permit O- 01449(b)(1)
and (2), and Standard Permit Number 43585(4), by failing to record monthly
gas collection and control system (GCCS) well monitoring data and maintain
records to show corrective actions and remonitoring for GCCS wells with pressure,
oxygen, and temperature exceedances; 30 TAC §122.145 and §122.146,
THSC, §382.085(b), and General Permit O-01449(b)(2), by failing to submit
a six-month deviation report to identify and provide information and data
for wells with pressure, temperature, and oxygen exceedances and failing to
report all deviations related to pressure, temperature, and oxygen exceedances
in GCCS wells; and 30 TAC §§101.20(1), 116.115(c), 116.621(4), THSC, §382.085(b),
40 CFR §60.755(a)(3) and (5), General Permit O-01449(b)(1) and (2), and
Standard Permit Number 43585(4), by failing to take proper action to expand
the GCCS within 120 days after discovering exceedances of pressure, temperature,
and oxygen in wells; PENALTY: $20,625; STAFF ATTORNEY: James Biggins, Litigation
Division, MC R-13, (210) 403-4017; REGIONAL OFFICE: San Antonio Regional Office,
14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.
(3) COMPANY: Fortson Contracting, Inc.; DOCKET NUMBER: 2002-0068-AIR-E;
TCEQ ID NUMBER: NB-0150-I; LOCATION: 772 FM 1126, Rice, Navarro County, Texas;
TYPE OF FACILITY: highway guardrail repair; RULES VIOLATED: 30 TAC §111.201,
and THSC, §382.005(b), by conducting outdoor burning of unauthorized
materials; PENALTY: $3,000; STAFF ATTORNEY: Diana Grawitch, Litigation Division,
MC 175, (512) 239-0939; REGIONAL OFFICE: Dallas-Fort Worth Regional Office,
2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(4) COMPANY: Hall Grapevine Corporation dba Hall Johnson Chevron; DOCKET
NUMBER: 2001-1081-PST-E; TCEQ ID NUMBER: 69604; LOCATION: 2100 Hall Johnson
Road, Grapevine, Tarrant County, Texas; TYPE OF FACILITY: convenience store
with retail sales of gasoline; RULES VIOLATED: 30 TAC §115.222(3), and
THSC, §382.085(b), by failing to eliminate any avoidable gasoline leaks,
as detected by sight, sound, or smell existing anywhere in the liquid transfer
or vapor balance system; 30 TAC §115.242(4), and THSC, §382.085(b),
by failing to ensure that no gasoline leaks, as detected by sight, sound,
or smell exist anywhere in the gasoline dispensing equipment or the Stage
II vapor recovery system; 30 TAC §115.245(1) and (2), and THSC, §382.085(b),
by failing to conduct annual pressure decay testing on the Stage II vapor
recovery system; 30 TAC §334.50(b)(2)(A)(ii)(I) and (III), and TWC, §26.3475,
by failing to conduct annual piping tightness testing for all product piping
associated with the underground storage tank (UST) system, and failing to
conduct annual line leak detection testing on the UST system; 30 TAC §334.48(c),
by failing to conduct monthly reconciliation of detailed inventory control
records for the UST system; 30 TAC §334.8(c)(4)(A) and (B), and TWC, §26.346(a),
by failing to ensure that the UST registration and self-certification form
is fully and accurately complete and submitted to the TCEQ in a timely manner;
and 30 TAC §334.8(c)(5)(A)(I), and TWC, §26.3467(a), by failing
to make a current, valid TCEQ delivery certificate available to common carriers
before accepting delivery of a regulated substance into a UST; PENALTY: $12,000;
STAFF ATTORNEY: Lisa Lemanczyk, Litigation Division, MC 175, (512) 239-5915;
REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2301 Gravel Drive, Fort
Worth, Texas 76118-6951, (817) 588-5800.
(5) COMPANY: Kayani-1, Inc.; DOCKET NUMBER: 2002-0770-PST-E; TCEQ ID NUMBER:
0073462; LOCATION: 185 North 23rd Street, Beaumont, Jefferson County, Texas;
TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED:
30 TAC §334.8(c)(5)(A)(i), and TWC, §26.3467(a), by failing to make
available to a common carrier a valid, current TCEQ delivery certificate before
delivery of a regulated substance into the UST system; and 30 TAC §334.8(c)(4)(B),
and TWC, §26.346(a), by failing to ensure that the UST registration and
self-certification form is submitted to the agency in a timely manner; PENALTY:
$1,500; STAFF ATTORNEY: Diana Grawitch, Litigation Division, MC 175, (512)
239-0939; REGIONAL OFFICE: Beaumont Regional Office, 3870 Eastex Freeway,
Beaumont, Texas 77703-1892, (409) 898-3838.
(6) COMPANY: Rio Concho Aviation, Inc.; DOCKET NUMBER: 2002-0518-PST-E;
TCEQ ID NUMBER: 30048; LOCATION: 2290 West Hicks Road, Fort Worth, Tarrant
County, Texas; TYPE OF FACILITY: aviation services; RULES VIOLATED: 30 TAC §334.8(c)(4)(B),
and TWC, §26.346(a), by failing to ensure that the UST registration and
self-certification form was fully and accurately completed and submitted to
the TCEQ in a timely manner; and 30 TAC §334.8(c)(5)(A)(i), and TWC, §26.3467(a),
by failing to obtain and make available to a common carrier a valid, current
delivery certificate prior to accepting a delivery of a regulated substance
to be deposited into the USTs; PENALTY: $1,200; STAFF ATTORNEY: Rebecca Nash
Petty, Litigation Division, MC 175, (512) 239-3693; REGIONAL OFFICE: Dallas-Fort
Worth Regional Office, 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817)
588-5800.
(7) COMPANY: Ron Laney Oil Co. Inc.; DOCKET NUMBER: 2000-1258-PST-E; TCEQ
ID NUMBERS: 8311 and 8319; LOCATIONS: East Ingram Street, Seymour (Seymour
Facility) and Highway 82, Red Springs (Red Springs Facility), Baylor County,
Texas; TYPE OF FACILITY: underground storage tanks; RULES VIOLATED: 30 TAC §334.7(d),
by failing to provide timely written notice to the TCEQ of any changes or
additional information concerning the UST systems; 30 TAC §334.10(b),
by failing to develop and maintain for review all records required; 30 TAC §334.49(a),
and TWC, §26.3475(d), by failing to install corrosion protection for
the UST systems; 30 TAC §334.50(a)(1)(A), and TWC, §26.3475, by
failing to have a release detection method for each UST system capable of
detecting release from any portion of the UST system; 30 TAC §334.51(b)(2)(A),
and TWC, §26.3475(c), by failing to provide proper tight-fill equipment
for the UST systems; 30 TAC §334.51(b)(2)(B), and TWC, §26.3475(c),
by failing to provide proper spill containment equipment for the UST systems;
30 TAC §334.51(b)(2), and TWC, §26.3475(c), by failing to equip
the UST system with a tight-fill fitting, a spill containment device, or overfill
prevention equipment; 30 TAC §334.93(a) and (b), by failing to demonstrate
the required financial assurance for taking corrective action and for compensating
third parties for bodily injury and property damage caused by accidental releases
from the USTs; and 30 TAC §334.47(a)(2), by failing to permanently remove
from service, no later than 60 days after the prescribed upgrade implementation
date, an existing UST system that was not in compliance with the upgrade requirements;
PENALTY: $68,400; STAFF ATTORNEYS: Robin Chapman, Litigation Division, MC
175, (512) 239-0497 and Gitanjali Yadav, Litigation Division, MC 175, (512)
239-2029; REGIONAL OFFICE: Abilene Regional Office, 1977 Industrial Boulevard,
Abilene, Texas 79602-7833, (915) 698-9674.
(8) COMPANY: Skinny's, Inc.; DOCKET NUMBER: 2000-0295-PST-E; TCEQ ID NUMBERS:
6851, 55673, 68705, 19830, 44901, 6856, 37613, 44226, 37670, 7177, and 7188;
LOCATIONS: 5110 South 7th Street, 2689 Buffalo Gap Road, 3350 Catclaw, 1401
East Interstate Highway 20, Abilene, Taylor County, Texas; 407 Coliseum, Snyder,
Scurry County, Texas; 695 East 2nd Street, Colorado City, Mitchell County,
Texas; Interstate Highway 20 and Cherry, Clyde, Callahan County, Texas; 1311
East Walker, Breckenridge, Stephens County, Texas; 512 East Commerce, Brownwood,
Brownwood County, Texas; 1200 Main, Gatesville, Coryell County, Texas; and
200 South Waco, Hillsboro, Hill County, Texas; TYPE OF FACILITIES: underground
storage tanks; RULES VIOLATED: 30 TAC §334.72 and §334.74, and TWC, §26.039,
by failing to report a suspected release within 24 hours of the discovery
of the suspected release and failing to conduct release investigation and
confirmation steps within 30 days of discovery of a suspected release; PENALTY:
$94,500; STAFF ATTORNEY: David Speaker, Litigation Division, MC 175, (512)
239-2548; REGIONAL OFFICES: Abilene Regional Office, 1977 Industrial Boulevard,
Abilene, Texas 79602-7833, (915) 698-9674 and Waco Regional Office, 6801 Sanger
Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.
(9) COMPANY: Skinny's, Inc.; DOCKET NUMBER: 2003-0447-PST-E; TCEQ ID NUMBERS:
6849, 6850, 6852, 6857, 17208, 37688, 30746, 50086, 44904, 53745, 37674, 37671,
7178, and 10983; LOCATIONS: 4836 South 14th Street, 875 East Highway 80, 1657
State Highway 351, 5242 South 14th Street, 4150 Ridgemont, 1757 Industrial
Boulevard, 1001 East Highway 80, Abilene, Taylor County, Texas; 1400 Hailey,
Sweetwater, Nolan County, Texas; 3715 West Walker, Breckenridge, Stephens
County, Texas; 501 Commerical, Coleman, Coleman County, Texas; 614 North Bridge,
Brady, McCulloch County, Texas; 4140 South Bryant Street, San Angelo, Tom
Green County, Texas; 108 South Key, Lampasas County, Texas; and 700 Oak, West,
McLennan County, Texas; TYPE OF FACILITIES: underground storage tanks; RULES
VIOLATED: 30 TAC §334.72 and §334.74, and TWC, §26.039, by
failing to report a suspected release within 24 hours of the discovery of
the suspected release and by failing to conduct release investigation and
confirmation steps within 30 days of discovery of a suspected release; and
30 TAC §334.50(d)(1)(B)(iii)(I), (II), and (IV), by failing to conduct
effective manual or automatic inventory control procedures for the UST system;
PENALTY: $66,500; STAFF ATTORNEY: David Speaker, Litigation Division, MC 175,
(512) 239-2548; REGIONAL OFFICES: Abilene Regional Office, 1977 Industrial
Boulevard, Abilene, Texas 79602-7833, (915) 698-9674, San Angelo Regional
Office, 622 South Oakes, Suite K, San Angelo, Texas 76903-7013, (915) 655-9479
and Waco Regional Office, 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826,
(254) 751-0335.
(10) COMPANY: United Petroleum Transports, Inc.; DOCKET NUMBER: 2002-1219-PST-
E; TCEQ ID NUMBER: none; LOCATION: 7373 North Mesa, El Paso, El Paso County,
Texas; TYPE OF FACILITY: gasoline distributing; RULES VIOLATED: 30 TAC §334.5(b)(1)(A),
by failing to ensure that there was a valid, current delivery certificate
issued by the TCEQ covering its UST system prior to depositing a regulated
substance into the UST system; PENALTY: $1,000; STAFF ATTORNEY: Diana Grawitch,
Litigation Division, MC 175, (512) 239-0939; REGIONAL OFFICE: El Paso Regional
Office, 401 East Franklin Avenue, Suite 560, El Paso, Texas 79901-1206, (915)
834-4949.
TRD-200302981
Paul C. Sarahan
Director, Litigation Division
Texas Commission on Environmental Quality
Filed: May 13, 2003
The following notices were issued during the period of May 2, 2003 through
May 9, 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.
CITY OF ARP has applied for a renewal of TPDES Permit No. 10511-001, which
authorizes the discharge of treated domestic wastewater at a daily average
flow not to exceed 211,000 gallons per day. The facility is located approximately
0.5 mile south of the intersection of State Highway 135 and State Highway
Spur 80 and approximately 1 mile northeast of the intersection of State Highway
135 and Farm-to-Market Road 345 in Smith County, Texas.
CHELFORD CITY MUNICIPAL UTILITY DISTRICT has applied for a new permit,
proposed Texas Pollutant Discharge Elimination System (TPDES) Permit No. 14418-001,
to authorize the discharge of treated domestic wastewater at an annual average
flow not to exceed 15,500,000 gallons per day. The facility is located on
the south side of Alief-Clodine Road, approximately 2,000 feet due west of
the intersection of Alief-Clodine Road and State Highway 6 in Harris County,
Texas.
CITY OF CHINA has applied for a renewal of TPDES Permit No. 12104-001,
which authorizes the discharge of treated domestic wastewater at a daily average
flow not to exceed 228,000 gallons per day. The facility is located adjacent
to South China Road and approximately 1.5 miles south of U.S. Highway 90 in
Jefferson County, Texas.
THE COUNTRY CLUB PARK ESTATES UTILITY TRUST has applied for a renewal of
TPDES Permit No. 11107-001, which authorizes the discharge of treated domestic
wastewater at a daily average flow not to exceed 52,000 gallons per day. The
facility is located on Taylors Cove in the Country Club Park Estates Subdivision,
approximately 2 miles north of State Highway 73 and 6 miles west of the City
of Port Arthur in Jefferson County, Texas.
GUADALUPE-BLANCO RIVER AUTHORITY AND CORDILLERA RANCH, LTD. have applied
to the Texas Commission on Environmental Quality (TCEQ) for a new permit,
Proposed Permit No. 14385-001, to authorize the disposal of treated domestic
wastewater at a daily average flow not to exceed 192,000 gallons per day via
surface irrigation of 102 acres of golf course. This permit will not authorize
a discharge of pollutants into waters in the State. The facility will be located
3.036 miles due north of the intersection of State Highway 46 and Ralph Fair
Road and 1.25 miles west of Farm-to-Market Road 3351, formerly Farm-to-Market
Road 3160, in Kendall County, Texas. The irrigation site will be located south
of Cordillera Trace, approximately 2,000 feet west of the intersection of
Cordillera Trace and Rio Cordillera in Kendall County, Texas.
CITY OF HAWKINS has submitted application for a new permit, Proposed Permit
No. 04547, to authorize the land application of sewage sludge for beneficial
use on 15.06 acres. This permit will not authorize a discharge of pollutants
into waters in the State. The land application site is located approximately
1,800 feet south of U. S. Highway 80 at a point approximately 10,500 feet
east of the intersection of U.S. Highway 80 and Farm-to-Market Road 14 in
Wood County, Texas.
LA JOYA WATER SUPPLY CORPORATION has applied for a new permit, proposed
Texas Pollutant Discharge Elimination System (TPDES) Permit No. 14415-001,
to authorize the discharge of treated domestic wastewater at a daily average
flow not to exceed 1,400,000 gallons per day. The proposed permit authorizes
the discharge of treated domestic wastewater at an annual average flow not
to exceed 1,400,000 gallons per day. The facility will be located approximately
1 mile south of U.S. Expressway 83 on Guadalupe Flores Road and approximately
1,000 feet east of Guadalupe Flores Road in Hidalgo County, Texas.
THE CITY OF MAGNOLIA has applied for a renewal of TPDES Permit No. 11871-001,
which authorizes the discharge of treated domestic wastewater at a daily average
flow not to exceed 650,000 gallons per day. The facility is located on the
northeast corner of the intersection of Arnold Branch and Nichols Sawmill
Road, approximately 1.5 miles south of the intersection of Farm-to- Market
Road 1774 and Farm-to-Market Road 1488 in Montgomery County, Texas.
MONTGOMERY COUNTY MUNICIPAL UTILITY DISTRICT NO. 83 has applied for a renewal
of TPDES Permit No. 13583-001, which authorizes the discharge of treated domestic
wastewater at a daily average flow not to exceed 600,000 gallons per day.
The facility is located 1,200 feet south of the intersection of Farm-to-Market
Road 1314 with U.S. Highway 59 and approximately 1,500 feet west of U.S. Highway
59 in Montgomery County, Texas.
CITY OF NOCONA has applied to the Texas Commission on Environmental Quality
(TCEQ) for a renewal of TPDES Permit No. 10355-003, which authorizes the discharge
of treated domestic wastewater at a daily average flow not to exceed 224,000
gallons per day. The facility is located 0.3 mile east of State Highway 175
(Montague Street); approximately 0.7 mile south of the intersection of U.S.
Highway 82 and State Highway 175 in the City of Nocona in Montague County,
Texas.
149 ENTERPRISES, INC. has applied for a renewal of TPDES Permit No. 14044-001,
which authorizes the discharge of treated domestic wastewater at a daily average
flow not to exceed 10,000 gallons per day. The facility is located approximately
1,300 feet east of Farm-to-Market Road 149 and 3,500 feet north of the intersection
of Farm-to-Market Road 149 and Spring Cypress Road in Harris County, Texas.
CITY OF PILOT POINT has applied for a renewal of TPDES Permit No. 10361-001,
which authorizes the discharge of treated domestic wastewater at a daily average
flow not to exceed 735,000 gallons per day. The facility is located approximately
1 mile west-southwest of the intersection of U.S. Highway 377 and State Highway
Loop 387, and approximately 1.5 miles northwest of the intersection of U.S.
Highway 377 and Farm-to-Market Road 455 in Denton County, Texas.
SOUTHERN WATER CORPORATION has applied for a renewal of TPDES Permit No.
10610-001, which authorizes the discharge of treated domestic wastewater at
a daily average flow not to exceed 475,000 gallons per day. The facility is
located on the south bank of Halls Bayou, approximately 4500 feet west of
Interstate Highway 45 in Harris County, Texas.
SYNAGRO OF TEXAS-CDR, INC. has submitted application for a new permit,
Proposed Permit No. 04475, to authorize the land application of sewage sludge
for beneficial use on 767 acres. This permit will not authorize a discharge
of pollutants into waters in the State. The land application site is located
at the intersection of Farm-to-Market Roads 1104 and 1150, east of Farm- to-Market
Road 1104 and along Farm-to-Market Road 1150 in Guadalupe County, Texas.
UTILITIES INVESTMENT COMPANY, INC. has applied for a renewal of TPDES Permit
No. 14172-001, which authorizes the discharge of treated domestic wastewater
at a daily average flow not to exceed 99,000 gallons per day. The facility
will be located 1,010 feet northeast of the intersection of U.S. Highway 290
and Cypress Rosehill Road, and 1,145 feet northwest of the intersection of
U.S. Highway 290 and Spring-Cypress Road in Harris County, Texas.
WALKER WATER WORKS, INC. has applied for a renewal of TPDES Permit No.
12822-001, which authorizes the discharge of treated domestic wastewater at
a daily average flow not to exceed 35,000 gallons per day. The facility is
located approximately 2,300 feet south of County Road 128 and approximately
2,500 feet east of County Road 143 in Brazoria County, Texas.
THE CITY OF WOLFE CITY has applied for a renewal of TPDES Permit No. 10383-001,
which authorizes the discharge of treated domestic wastewater at a daily average
flow not to exceed 195,000 gallons per day. The facility is located adjacent
to Oyster Creek approximately 0.5 miles south of Wolfe City and 0.3 miles
east of State Highway 34 in Hunt 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
The Texas Commission on Environmental Quality (TCEQ) has initiated a minor
amendment of the permit issued to CITY OF CRANFILLS GAP, to incorporate a
special language in the Other Requirements of the permit based on the North
Bosque River TMDL. The existing permit authorizes the discharge of treated
domestic wastewater at a daily average flow not to exceed 40,000 gallons per
day. The facility is located approximately 900 feet southeast of the intersection
of State Highway 22 and Farm-to-Market Road 219 (3rd Street) in Bosque County,
Texas.
The Texas Commission on Environmental Quality (TCEQ) has initiated a minor
amendment of the permit issued to CITY OF HICO, to incorporate reporting requirements
for Total Phosphorus in the permit based on the North Bosque River TMDL. The
existing permit authorizes the discharge of treated domestic wastewater at
a daily average flow not to exceed 200,000 gallons per day. The facility is
located approximately 0.25 mile south of State Highway 6 and approximately
0.75 mile east of U.S. Highway 281, southeast of the City of Hico in Hamilton
County, Texas.
The Texas Commission on Environmental Quality (TCEQ) has initiated a minor
amendment of the permit issued to CITY OF MERIDIAN, to incorporate reporting
requirements for Total Phosphorus in the permit based on the North Bosque
River TMDL. The existing permit authorizes the discharge of treated domestic
wastewater at a daily average flow not to exceed 450,000 gallons per day.
The facility is located at 501 South Main Street, approximately 2,900 feet
east-northeast of the intersection of State Highway 6 and State Highway 22
in Bosque County, Texas.
The Texas Commission on Environmental Quality (TCEQ) has initiated a minor
amendment of the permit issued to the CITY OF VALLEY MILLS to incorporate
reporting requirements for Total Phosphorus in the permit based on the North
Bosque River TMDL. The existing permit authorizes the discharge of treated
domestic wastewater at a daily average flow not to exceed 360,000 gallons
per day. The facility is located approximately one mile northeast of the intersection
of State Highway 6 and Farm-to-Market Road 56, northeast of the City on Valley
Mills in Bosque County, Texas.
TRD-200302988
LaDonna Castañuela
Chief Clerk
Texas Commission on Environmental Quality
Filed: May 13, 2003
Notice mailed May 7, 2003.
APPLICATION NO. 5801; Art Mehos & wife Constance Mehos, P.O. Box 3205,
Sherman, Texas, 75091, have applied to the Texas Commission on Environmental
Quality (TCEQ) for a Water Use Permit pursuant to 11.121, Texas Water Code,
and Texas Commission on Environmental Quality Rules 30 TAC 295.1, et seq.
Applicants seek authorization to divert and use 180 acre-feet of water per
year at a maximum diversion rate of 2.2 cfs (1,000 gpm) from Diversion Point
No. 1 located on the Red River, Red River Basin, Grayson County, Texas, at
Latitude 33.743 N, Longitude 96.399 W for agricultural purposes to irrigate
63.5 acres of land out of a total of 379.5 acres in the Renne Allred Survey,
Abstract No. 14 and the Jesse Pendleton Survey, Abstract No. 947 , Grayson
County, Texas. Applicants also seek to divert and use 296 acre-feet of water
per year at a maximum diversion rate of 3.3 cfs (1,500 gpm) from Diversion
Point No. 2 located on the Red River, Red River Basin, Grayson County, Texas,
at Latitude 33.384 N, Longitude 96.390 W for agricultural purposes to irrigate
104.5 acres of land out of the 379.5 acre-tract. The location from the county
seat for both diversion points is approximately 14.53 miles in a northeast
direction from 100 West Houston Street, Grayson County, Texas, or 3.36 miles
in a northwest direction from Ambrose, Texas. Ownership of the land is evidenced
by a Deed of Trust. In the event that TCEQ staff find that the requested 476
acre-feet of surface water requested is not available, applicants will construct
and impound state water in two off- channel reservoirs with combined capacity
of 3.06 acre-feet for subsequent irrigation of the land described above. The
application was received on January 14, 2003 and accepted for filing on March
4, 2003. The Executive Director of the TCEQ has reviewed the application and
has declared it to be administratively complete on March 4, 2003. Written
public comments and requests for a public meeting should be received in the
Office of Chief Clerk, at the address provided in the information section
below, within 30 days of the date of newspaper publication of the notice.
Information Section
A public meeting is intended for the taking of public comment, and is not
a contested case hearing. A public meeting will be held if the Executive Director
determines that there is a significant degree of public interest in an application.
The Executive Director can consider approval of an application unless a
written request for a contested case hearing is filed within 30 days of the
date of 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) applicant's name and permit number; (3) the statement
"[I/we] request a contested case hearing;" and (4) a brief and specific description
of how you would be affected by the application in a way not common to the
general public. You may also submit any proposed conditions to the requested
application which would satisfy your concerns. Requests for a contested case
hearing must be submitted in writing to the TCEQ Office of the Chief Clerk
at the address provided in the information section below.
If a hearing request is filed, the Executive Director will not issue the
requested permit and may forward the application and hearing request to the
TCEQ Commissioners for their consideration at a scheduled Commission meeting.
Written hearing requests, public comments or requests for a public meeting
should be submitted to the Office of the Chief Clerk, MC 105, TCEQ, P.O. Box
13087, Austin, TX 78711-3087. For information concerning the hearing process,
please contact the Public Interest Counsel, MC 103, at the same address. For
additional information, individual members of the general public may contact
the Office of Public Assistance at 1-800-687-4040. General information regarding
the TCEQ can be found at our web site at www.tceq.state.tx.us.
TRD-200302986
LaDonna Castañuela
Chief Clerk
Texas Commission on Environmental Quality
Filed: May 13, 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
June 23, 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 June 23, 2003
. Written comments may also be
sent by facsimile machine to the enforcement coordinator at (512) 239- 2550.
The commission enforcement coordinators are available to discuss the AOs and/or
the comment procedure at the listed phone numbers; however, §7.075 provides
that comments on the AOs should be submitted to the commission in
writing
.
(1) COMPANY: ASARCO Incorporated; DOCKET NUMBER: 2003-0111-AIR-E; IDENTIFIER:
Air Account Number EE-0007-G; LOCATION: El Paso, El Paso County, Texas; TYPE
OF FACILITY: copper smelter; RULE VIOLATED: 30 TAC §122.146(2) and THSC, §382.085(b),
by failing to submit the annual Title V compliance certification; PENALTY:
$2,480; ENFORCEMENT COORDINATOR: Jill Kelley, (915) 834-4949; REGIONAL OFFICE:
401 East Franklin Avenue, Suite 560, El Paso, Texas 79901-1206, (915) 834-4949.
(2) COMPANY: Atofina Chemicals, Inc.; DOCKET NUMBER: 2002-0878-AIR-E; IDENTIFIER:
Air Account Number JE-0074-L and Air Permit Number 865A; LOCATION: Beaumont,
Jefferson County, Texas; TYPE OF FACILITY: chemicals production; RULE VIOLATED:
30 TAC §111.111(a)(4)(A) and §116.115(c), Air Permit Number 865A,
and THSC, §382.085(b), by failing to meet the visible emissions requirement
for a process gas flare; 30 TAC §§101.20(1), 115.354(2)(C), and
116.115(c), 40 Code of Federal Regulations, Air Permit Number 865A, and THSC, §382.085(b),
by failing to monitor 723 valves during the third calendar quarter of 2001;
and 30 TAC §116.115(b)(2)(G), Air Permit Number 865A, and THSC, §382.085(b),
by failing to comply with emission limits; PENALTY: $32,000; ENFORCEMENT COORDINATOR:
John Barry, (409) 898-3838; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont,
Texas 77703-1892, (409) 898-3838.
(3) COMPANY: Marvin Slawson dba Bright Spot; DOCKET NUMBER: 2002-0611-PST-E;
IDENTIFIER: Petroleum Storage Tank (PST) Facility Identification Number 65056;
LOCATION: Cayuga, Anderson County, Texas; TYPE OF FACILITY: convenience store
with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.50(a)(1)(A),
(b)(1)(A) and (2)(A)(i)(III), and the Code, §26.3475(a) and (c)(1), by
failing to monitor pressurized piping, failing to monitor the underground
storage tank (UST) in a manner which will detect a release, and failing to
have a line leak detector; and 30 TAC §334.48(c), by failing to conduct
effective manual or automatic inventory control procedures; PENALTY: $4,000;
ENFORCEMENT COORDINATOR: Carolyn Lind, (903) 535-5100; REGIONAL OFFICE: 2916
Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.
(4) COMPANY: Chevron Pipe Line Company; DOCKET NUMBER: 2003-0101-AIR-E;
IDENTIFIER: Air Account Number ML-0244-C; LOCATION: Midland, Midland County,
Texas; TYPE OF FACILITY: crude petroleum pipe line; RULE VIOLATED: 30 TAC §122.504(a)(4)(A)
and THSC, §382.085(b), by failing to submit an application to revise
its general operating permit number O-01305; and 30 TAC §106.8(c)(1),
(2)(A) and (B), and THSC, §382.085(b), by failing to maintain copies
of the applicable permit by rules and the general conditions contained in
30 Tex. Admin. Code § 106.4 at the plant and failed to maintain records
containing sufficient information to demonstrate compliance; PENALTY: $1,232;
ENFORCEMENT COORDINATOR: Suzanne Walrath, (512) 239-2134; REGIONAL OFFICE:
3300 North A Street, Building 4, Suite 107, Midland, Texas 79705-5404, (915)
570-1359.
(5) COMPANY: Cliff and Melissa Halliburton dba Cliff's Tire Shop; DOCKET
NUMBER: 2002-0840-MSW-E; IDENTIFIER: Enforcement Identification Number 17759;
LOCATION: Tyler, Smith County, Texas; TYPE OF FACILITY: tire shop; RULE VIOLATED:
30 TAC §328.60(a) and §330.4(a), and THSC, §361.112(a), by
failing to obtain a registration for a used and scrap tire storage site; 30
TAC §328.56(b) and §328.57(c)(3), and THSC, §361.112(c), by
failing to deliver scrap tires to an authorized facility; and 30 TAC §328.56(c)
and §382.57(c)(2), by failing to maintain records of manifest, shipping
tickets, work orders, invoices, or other records showing the collection and
disposal of all used and scrap tires; PENALTY: $600; ENFORCEMENT COORDINATOR:
Craig Fleming, (512) 239-5806; REGIONAL OFFICE: 2916 Teague Drive, Tyler,
Texas 75701-3756, (903) 535-5100.
(6) COMPANY: Fort Bend County Municipal Utility District No. 112; DOCKET
NUMBER: 2002-1034-MWD-E; IDENTIFIER: Texas Pollutant Discharge Elimination
System (TPDES) Permit Number 13628-001; LOCATION: Houston, Fort Bend County,
Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1),
TPDES Permit Number 13628- 001, and the Code, §26.121, by exceeding the
permit limits for total suspended solids and five- day biochemical oxygen
demand; PENALTY: $4,000; ENFORCEMENT COORDINATOR: Michael Meyer, (512) 239-4492;
REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023- 1486, (713)
767-3500.
(7) COMPANY: Carlos Gomez, III dba Frontera Equipment; DOCKET NUMBER: 2003-0102-
AIR-E; IDENTIFIER: Air Account Number HN-0512-E and Regulated Entity Identification
Number RN102864923; LOCATION: Donna, Hidalgo County, Texas; TYPE OF FACILITY:
surface coating; 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: $2,100; ENFORCEMENT COORDINATOR: Sandra Hernandez-Alanis,
(956) 425-6010; REGIONAL OFFICE: 1804 West Jefferson Avenue, Harlingen, Texas
78550-5247, (956) 425-6010.
(8) COMPANY: Groendyke Transport, Inc.; DOCKET NUMBER: 2002-0949-PST-E;
IDENTIFIER: Enforcement Identification Number 18189; LOCATION: El Paso, El
Paso 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
of the facility had a valid, current delivery certificate; PENALTY: $816;
ENFORCEMENT COORDINATOR: Thomas Jecha, (512) 239-2576; REGIONAL OFFICE: 401
East Franklin Avenue, Suite 560, El Paso, Texas 79901-1206, (915) 834-4949.
(9) COMPANY: H. W. Marshall Construction, L.P.; DOCKET NUMBER: 2003-0165-MSW-
E; IDENTIFIER: Municipal Solid Waste (MSW) Transporter Number HAT0032 and
Regulated Entity Identification Number RN102947777; LOCATION: Mission, Hidalgo
County, Texas; TYPE OF FACILITY: municipal solid waste transportation company;
RULE VIOLATED: 30 TAC §330.5(a) and §330.32(b), by failing to ensure
that all solid waste collected and transported is disposed of only at facilities
authorized to accept the type of waste transported; PENALTY: $1,040; ENFORCEMENT
COORDINATOR: Sandra Hernandez-Alanis, (956) 425-6010; REGIONAL OFFICE: 1804
West Jefferson Avenue, Harlingen, Texas 78550-5247, (956) 425-6010.
(10) COMPANY: City of Hallsville; DOCKET NUMBER: 2003-0070-MWD-E; IDENTIFIER:
TPDES Permit Number 10460-001; LOCATION: Hallsville, Harrison County, Texas;
TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1),
TPDES Permit Number 10460-001, and the Code, §26.121(a), by failing to
comply with ammonia-nitrogen daily average concentration permit limits; PENALTY:
$2,760; ENFORCEMENT COORDINATOR: Rick Ciampi, (512) 239-3119; REGIONAL OFFICE:
2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.
(11) COMPANY: Houston Oil Producing Enterprises, Inc.; DOCKET NUMBER: 2003-0261-
AIR-E; IDENTIFIER: Air Account Number GB-0543-W; LOCATION: High Island, Galveston
County, Texas; TYPE OF FACILITY: compressor station; RULE VIOLATED: 30 TAC §101.360(a)
and THSC, §382.085(b), by failing to submit form ECT-3 level of activity
of certification; PENALTY: $520; ENFORCEMENT COORDINATOR: Craig Fleming, (512)
239-5806; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486,
(713) 767-3500.
(12) COMPANY: Inara Management, L.L.C. dba Horizon 2; DOCKET NUMBER: 2002-1160-
PST-E; IDENTIFIER: Petroleum Storage Tank Facility Identification Number 0042105;
LOCATION: Sanger, Denton County, Texas; TYPE OF FACILITY: convenience store
with retail sales of gasoline; RULE VIOLATED: 30 TAC §37.815(a) and (b),
by failing to demonstrate financial responsibility; 30 TAC §115.245(2)
and THSC, §382.085(b), by failing to conduct a pressure decay test; 30
TAC §115.246(4) and (5), and THSC, §382.085(b), by failing to maintain
proof of attendance and completion of training and failing to maintain a record
of the results of testing conducted at the station; 30 TAC §334.50(b)(1)(A),
(2)(A)(i)(III), and (d)(1)(B)(ii), and the Code, §26.3475(a), by failing
to ensure that all tanks are monitored for releases, failing to provide proper
release detection, failing to test a line leak detector, and failing to conduct
reconciliation of detailed inventory control records; PENALTY: $5,775; ENFORCEMENT
COORDINATOR: Judy Fox, (817) 588-5800; REGIONAL OFFICE: 2301 Gravel Drive,
Fort Worth, Texas 76118-6951, (817) 588-5800.
(13) COMPANY: Timothy Jones dba Indian Lodge Resort; DOCKET NUMBER: 2002-0345-
PWS-E; IDENTIFIER: Public Water Supply (PWS) Number 0180037; LOCATION: near
Kopperl, Bosque County, Texas; TYPE OF FACILITY: public water supply; RULE
VIOLATED: 30 TAC §290.45(b)(1)(B)(i) and (ii), and (c)(1)(B)(ii), and
THSC, §341.0315(c), by failing to provide adequate well and total storage
capacity; 30 TAC §290.46(f)(2) and (t), by failing to provide an operating
water system record and failing to provide a legible sign indicating system
ownership and an emergency contact phone number; 30 TAC §290.41(c)(3)(K),
by failing to properly screen the well casing vent; 30 TAC §290.43(c)(4)
and (e), by failing to provide the ground storage tank with a water level
indicate and failing to provide an intruder-resistant fence; 30 TAC §290.39(j)(1),
by failing to submit written notification of any proposed changes; 30 TAC §290.118(b)
and (g)(2), and THSC, §341.031, by failing to meet secondary constituent
levels and failing to notify the facility customers that the fluoride concentration
of 2.3 milligram per liter (mg/l) exceeded the maximum permissible limit of
two mg/l; PENALTY: $1,313; ENFORCEMENT COORDINATOR: Elvia Maske, (512) 239-0789;
REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254)
751-0335.
(14) COMPANY: Leyendecker Oil, Inc.; DOCKET NUMBER: 2002-1300-PST-E; IDENTIFIER:
Regulated Entity Number 101447399; LOCATION: San Ygnacio, Zapata 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: $1,600; ENFORCEMENT COORDINATOR: Rebecca Clausewitz,
(210) 490-3096; REGIONAL OFFICE: 1804 West Jefferson Avenue, Harlingen, Texas
78550-5247, (956) 425-6010.
(15) COMPANY: Ricardo Moreno; DOCKET NUMBER: 2003-0196-MSW-E; IDENTIFIER:
MSW Unauthorized Site Number 455150044 and Regulated Entity Identification
Number RN102923505; LOCATION: Edinburg, Hidalgo County, Texas; TYPE OF FACILITY:
municipal solid waste; RULE VIOLATED: 30 TAC §330.5(a), by failing to
prevent the disposal of MSW at an unauthorized disposal site; PENALTY: $2,100;
ENFORCEMENT COORDINATOR: Jaime Garza, (956) 425-6010; REGIONAL OFFICE: 1804
West Jefferson Avenue, Harlingen, Texas 78550-5247, (956) 425-6010.
(16) COMPANY: Oil Patch Brazos Valley Inc.; DOCKET NUMBER: 2002-0397-PST-E;
IDENTIFIER: Enforcement Identification Number 17770; LOCATION: Sugar Land,
Fort Bend 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
of the facility had a valid, current delivery certificate; PENALTY: $800;
ENFORCEMENT COORDINATOR: Trina Grieco, (713) 767- 3500; REGIONAL OFFICE: 5425
Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767- 3500.
(17) COMPANY: Oil Patch Fuel & Supply, Inc.; DOCKET NUMBER: 2002-0259-PST-E;
IDENTIFIER: Enforcement Identification Number 17607; LOCATION: Harlingen,
Cameron 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: $3,600; ENFORCEMENT COORDINATOR:
Jaime Garza, (956) 425-6010; REGIONAL OFFICE: 1804 West Jefferson Avenue,
Harlingen, Texas 78550-5247, (956) 425-6010.
(18) COMPANY: City of Port Arthur; DOCKET NUMBER: 2002-0995-PWS-E; IDENTIFIER:
PWS Number 1230009; LOCATION: Port Arthur, Jefferson County, Texas; TYPE OF
FACILITY: public water system; RULE VIOLATED: 30 TAC §290.111(b)(1)(A)(ii)
and (2)(A)(ii), by having exceeded the turbidity level of 0.5 nephelometric
turbidity units in more than 5% of the readings; PENALTY: $900; ENFORCEMENT
COORDINATOR: Kimberly McGuire, (713) 767-3500; REGIONAL OFFICE: 3870 Eastex
Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.
(19) COMPANY: Quality Electric Casting, L.P.; DOCKET NUMBER: 2002-1393-AIR-E;
IDENTIFIER: Air Account Number HG-0599-P; LOCATION: Houston, Harris County,
Texas; TYPE OF FACILITY: steel casting foundry; RULE VIOLATED: Agreed Order
Docket Number 2000-0591-AIR-E and THSC, §382.085(b), by failing to send
within 90 days of the agreed order a written notification stating that authorization
of the thermal sand reclaimer system had been claimed; 30 TAC §106.433(2)(C)
and §116.110(a), and THSC, §382.085(b) and §382.0518, by failing
to obtain authorization for air contaminants; 30 TAC §122.130(a) and
THSC, §382.085(b), by failing to submit the Title V abbreviated initial
application; and 30 TAC §116.115(c) and THSC, §382.085(b), by failing
to remove all waste coatings and solvents from the site by an authorized disposal
service; PENALTY: $9,000; ENFORCEMENT COORDINATOR: Carl Schnitz, (512) 239-1892;
REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713)
767-3500.
(20) COMPANY: Reeder Distributors, Inc.; DOCKET NUMBER: 2002-1213-PST-E;
IDENTIFIER: Regulated Entity Number RN100524743; LOCATION: Fort Worth, 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: $360; ENFORCEMENT COORDINATOR: Judy Fox, (817) 588-5800;
REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(21) COMPANY: Mr. Satish Patel dba Spotted Horse Inn; DOCKET NUMBER: 2000-0480-
PWS-E; IDENTIFIER: PWS Number 0970008; LOCATION: Hamilton, Hamilton County,
Texas; TYPE OF FACILITY: public water system; RULE VIOLATED: 30 TAC §290.42(i),
by failing to provide water treatment chemicals that conform to American National
Standards Institute/National Sanitation Foundation Standard 60 for direct
additives; 30 TAC §290.46(p)(1) and (2), by failing to provide annual
inspection documentation for the ground storage and pressure tanks; 30 TAC §290.43(c)(2),
(3), (4), (5), (6), and (7), and (e), by failing to provide a ground storage
tank that is designed and fabricated in accordance with American Water Works
standards, failing to provide a proper roof opening, failing to provide proper
overflows, failing to provide a proper water level indicator, failing to provide
proper inlet and outlet connections, failing to provide a leak free ground
storage tank, failing to provide proper drains, and failing to provide an
intruder-resistant fence; 30 TAC §290.46(f)(2) and (x), by failing to
provide records of chlorine residual tests and failing to properly plus an
abandoned well; 30 TAC §290.41(c)(1)(F), (3)(J) and (N), by failing to
obtain sanitary easement covering all property, failing to provide a proper
concrete sealing block, and failing to provide a flow meter; and 30 TAC §290.45(c)(1)(B)(i)
and (iv), by failing to provide the required well capacity of 0.6 gallons
per minute per unit and failing to provide a pressure tank with the capacity
of ten gallons per unit; PENALTY: $1,625; ENFORCEMENT COORDINATOR: Brian Lehmkuhle,
(512) 239-4482; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas
76710-7826, (254) 751-0335.
(22) COMPANY: Timothy Gilpin dba Ten Cent Dairy; DOCKET NUMBER: 2000-0793-AGR-
E; IDENTIFIER: Water Quality Permit Number 4232; LOCATION: near Brashear,
Hopkins County, Texas; TYPE OF FACILITY: dairy; RULE VIOLATED: 30 TAC §321.33(e)
and §321.39(f)(19)(D), by failing to manage irrigation practices to prevent
pond and puddling; and 30 TAC §321.31(a) and §321.39(f)(19)(A),
and the Code, §26.121, by failing to prevent the unauthorized discharge
of wastewater into waters in the state; PENALTY: $900; ENFORCEMENT COORDINATOR:
Laurie Eaves, (512) 239-4495; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas
75701-3756, (903) 535-5100.
(23) COMPANY: Tri-Con, Inc.; DOCKET NUMBER: 2002-0920-PST-E; IDENTIFIER:
Enforcement Identification Number 18274; LOCATION: Beaumont, Jefferson 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 of the facility had a valid,
current delivery certificate; PENALTY: $800; ENFORCEMENT COORDINATOR: Laura
Clark, (409) 898-3838; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas
77703-1892, (409) 898-3838.
(24) COMPANY: United States Department of Justice/Federal Bureau of Prisons;
DOCKET NUMBER: 2002-0972-PST-E; IDENTIFIER: PST Facility Identification Number
0003807; LOCATION: Big Spring, Howard County, Texas; TYPE OF FACILITY: correctional
institution; RULE VIOLATED: 30 TAC §334.8(c)(4)(B) and (5)(A)(i), and
the Code, §26.346(a) and §26.3467(a), by failing to submit a underground
storage tank registration and self-certification form and failing to make
available a valid, current delivery certificate; PENALTY: $2,000; ENFORCEMENT
COORDINATOR: Todd Huddleson, (512) 239-1105; REGIONAL OFFICE: 3300 North A
Street, Building 4, Suite 107, Midland, Texas 79705-5404, (915) 570-1359.
(25) COMPANY: Arthur G. Walker dba Walker Auto Sales; DOCKET NUMBER: 2003-0047-
AIR-E; IDENTIFIER: Regulated Entity Number 102939543; LOCATION: Trinity, Trinity
County, Texas; TYPE OF FACILITY: used auto sales; RULE VIOLATED: 30 TAC §114.20(c)(1)
and THSC, §382.085(b), by failing to maintain emission control devices
in good operating condition; PENALTY: $360; ENFORCEMENT COORDINATOR: Laura
Clark, (409) 898-3838; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas
77703-1892, (409) 898-3838.
TRD-200302974
Paul C. Sarahan
Director, Litigation Division
Texas Commission on Environmental Quality
Filed: May 13, 2003
Notice of Emergency Impoundment Order on Paragon Wireline, Inc., dba Diamond H Wireline
Notice is hereby given that the Bureau of Radiation Control (bureau) ordered
Paragon Wireline, Inc., also doing business as Diamond H Wireline (licensee-L05367)
of Bryan to immediately surrender all sources of radiation to the bureau for
impoundment, and provide copies of all required records. The order further
requires the licensee to be responsible for any costs regarding the impoundment,
storage and disposition of the sources. The order will remain in effect until
all requirements have been met.
A copy of all relevant material is available, by appointment, for public
inspection at the Bureau of Radiation Control, Texas Department of Health,
Exchange Building, 8407 Wall Street, Austin, Texas, telephone (512) 834-6688,
Monday-Friday, 8:00 a.m. to 5:00 p.m. (except holidays).
TRD-200302998
Susan K. Steeg
General Counsel
Texas Department of Health
Filed: May 14, 2003
Notice is hereby given that the Bureau of Radiation Control (bureau), Texas
Department of Health (department), issued a notice of violation and proposal
to assess an administrative penalty to Lifemark Hospitals, Inc., doing business
as Southwestern General Hospital, (registrant-M00642) of El Paso. A total
penalty of $14,000 is proposed to be assessed the registrant for alleged violations
of 25 Texas Administrative Code, §289.230.
A copy of all relevant material is available, by appointment, for public
inspection at the Bureau of Radiation Control, Texas Department of Health,
Exchange Building, 8407 Wall Street, Austin, Texas, telephone (512) 834-6688,
Monday-Friday, 8:00 a.m. to 5:00 p.m. (except holidays).
TRD-200302999
Susan K. Steeg
General Counsel
Texas Department of Health
Filed: May 14, 2003
Request for Proposals - Child Care Services
The Heart of Texas Workforce Development Board (HOTWDB) invites proposals
for Program Year 2003-04 from interested entities to provide Childcare Management
Services.
The HOTWDB has scheduled a pre-proposal conference for May 19, 2003 at
2 p.m. to be held at 300 Franklin Ave., Waco, Texas. A mandatory letter of
intent to submit a proposal is due May 23, 2003 with proposals due on June
6, 2003 by 5 p.m.
The HOTWDB region is comprised of the following counties: Bosque, Falls,
Freestone, Hill, Limestone and McLennan.
The Request for Proposal (RFP) is available from the Heart of Texas Workforce
Development Board, 300 Franklin Ave., Waco, Texas 76701 or by calling (254)
756-7822.
TRD-200302906
Brenda Khoury
Executive Assistant
Heart of Texas Council of Governments
Filed: May 9, 2003
Notice of Public Hearing
The Texas Department of Public Safety, in accordance with Administrative
Procedure and Texas Register Act, Texas Government Code, §2001, et seq.,
and Texas Transportation Code, Chapter 644, is holding a public hearing on
June 3, 2003, at 5:30 p.m., in the Texas Department of Public Safety Motor
Carrier Bureau (Building P) Conference Room, 6200 Guadalupe Street, Austin,
Texas.
The purpose of the hearing is to receive comments from all interested persons
regarding adoption of amendments to Administrative Rule §3.62 regarding
Transportation Safety, proposed for adoption under the authority of Texas
Transportation Code, Chapter 644, which provides that the Director shall,
after notice and a public hearing, adopt rules regulating the safe operation
of commercial motor vehicles. The proposed rules were published in the April
25, 2003, issue of the
Texas Register
(28
TexReg 3484).
Persons interested in attending this hearing are encouraged to submit advance
written notice of their intent to attend the hearing and to submit a written
copy of their comments. Letters should be addressed to Major Coy Clanton,
Traffic Law Enforcement Division, Texas Department of Public Safety, Box 4087,
Austin, Texas 78773-0500.
Persons with disabilities who plan to attend this meeting and who may need
auxiliary aids or services such as interpreters for persons who are deaf or
hearing impaired, readers, large print, Braille, are requested to contact
Major Clanton at (512) 424-7788, three work days prior to the meeting so that
appropriate arrangements can be made.
TRD-200303004
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Filed: May 14, 2003
Notice of Application for Sale, Transfer or Merger
Notice is given to the public of the filing with the Public Utility Commission
of Texas a joint application for sale, transfer, or merger on May 2, 2003,
pursuant to the Public Utility Regulatory Act, Texas Utilities Code Annotated §§37.154
(Vernon 1998 & Supplement 2003).
Docket Style and Number: Joint Application of AEP Texas North Company (AEP
North) and LCRA Transmission Services Corporation (LCRA TSC) to Transfer Certificate
Rights and for Approval of Transfer of Facilities, Docket Number 27743.
The Application: The application seeks approval for AEP North to transfer
certificate rights concerning five transmission facilities and associated
certificate rights to LCRA TSC. AEP North owns two 69 kV transmission lines
that are being rebuilt for 138 kV transmission service and one 138 kV transmission
line that is being rebuilt to increase power transfer capacity. In addition,
because it is retiring a substation, AEP North is also constructing a 300-foot
138 kV transmission line extension in Pecos County to transfer the load to
another substation located in the same area. AEP North also owns a 138 kV
transmission line in Taylor and Nolan Counties that is being rebuilt to increase
power transfer capacity. All of these projects are necessary in order to accommodate
the transfer of wind-powered generation from west Texas. The existing 69 kV
and 138 kV lines are being removed and retired, and the rebuilding of the
lines, as well as the building of the new 300-foot transmission line extension,
will occur as activities for which a certificate of public convenience and
necessity (CCN) is not required under P.U.C. Substantive Rule 25.101(c)(5)(A)
and (B). These projects are under or nearly under construction and are expected
to be completed in the August 2003 through January 2004 timeframe. The five
transmission lines, located in Crane, Pecos, Nolan, and Taylor counties are:
(1) the 42.3-mile 69 kV transmission line from the West Yates Switch Station
to the West Yates Pump Station (known as the West Yates Project); (2) the
23-mile 69 kV transmission line from the Rio Pecos Station to the Crane Station
(known as the Rio Pecos to Crane Project); (3) the 5.74-mile 138 kV transmission
line from the Mesa View Switch to the Mesa View Substation (known as the Mesa
View Project); (4) the approximately 300-foot 138 kV transmission line extension
to connect the West Yates Tap to West Yates Pump Substation transmission line
to the Mesa View Substation (allowing the load to be transferred from the
West Yates Pump Substation and that substation will be retired) and will complete
the upgrade of transmission facilities between the Mesa View Switch and the
West Yates Tap; and (5) the 25.7-mile transmission line from the South Abilene
Substation to the AEP North/Oncor Electric Delivery Company ownership change
(known as the Abilene to Eskota Project) to be rebuilt from 4/0 to 795 ACSR.
Persons who wish to intervene in the proceeding or comment upon the action
sought should contact the Public Utility Commission of Texas, P.O. Box 13326,
Austin, Texas 78711-3326, or call the Commission's Office of Customer Protection
at (512) 936-7120 or (888) 782-8477. Hearing- and speech-impaired individuals
with text telephones (TTY) may contact the Commission at (512) 936- 7136 or
use Relay Texas (toll-free) 1-800-735-2989. All correspondence should refer
to Docket Number 27743.
TRD-200302911
Rhonda G. Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: May 9, 2003
Notice is given to the public of the filing with the Public Utility Commission
of Texas (commission) an application on May 9, 2003, for waiver of denial
by the North American Numbering Plan Administrator (NANPA) Pooling Administrator
(PA) of applicant's request for NXX codes.
Docket Title and Number: Application of ionex telecommunications, inc.
for Waiver of Denial by the NANPA of NXX Code Request in the North Richland
Hills Rate Center. Docket Number 27771.
The Application: ionex telecommunications, inc. (ionex) submitted a Central
Office Code (NXX) Assignment Request to the PA for the assignment of an additional
NXX code to offer extended/expanded local two way calling service in the North
Richland Hills rate center. The PA denied ionex's request based on practices
designed to prohibit acquisition of unneeded numbering resources. ionex seeks
an exception to the application of NXX assignment guidelines. ionex asked
that the commission instruct the PA to release the numbering resources ionex
contends are necessary to allow ionex to offer a more competitive range of
services to the local businesses within the North Richland Hills service area.
Furthermore, ionex stated that if the waiver is granted, the ionex numbering
administrator will be able to donate nine of the blocks from the full code
to the pooling efforts within the service area.
Persons wishing to comment upon the action sought should contact the Public
Utility Commission of Texas, by mail at P.O. Box 13326, Austin, Texas, 78711-3326,
or by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than
June 2, 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 27771.
TRD-200302990
Rhonda G. Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: May 13, 2003
Notice is given to the public of the filing with the Public Utility Commission
of Texas (commission) an application on May 9, 2003, for waiver of denial
by the North American Numbering Plan Administrator (NANPA) Pooling Administrator
(PA) of applicant's request for NXX codes.
Docket Title and Number: Application of ionex telecommunications, inc.
for Waiver of Denial by the NANPA of NXX Code Request in the Grand Prairie
Rate Center. Docket Number 27772.
The Application: ionex telecommunications, inc. (ionex) submitted a Central
Office Code (NXX) Assignment Request to the PA for the assignment of an additional
NXX code to offer extended/expanded local two way calling service in the Grand
Prairie rate center. The PA denied ionex's request based on practices designed
to prohibit acquisition of unneeded numbering resources. ionex seeks an exception
to the application of NXX assignment guidelines. ionex asked that the commission
instruct the PA to release the numbering resources ionex contends are necessary
to allow ionex to offer a more competitive range of services to the local
businesses within the Grand Prairie service area.
Persons wishing to comment upon the action sought should contact the Public
Utility Commission of Texas, by mail at P.O. Box 13326, Austin, Texas, 78711-3326,
or by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than
June 2, 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 27772.
TRD-200302991
Rhonda G. Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: May 13, 2003
Notice is given to the public of the filing with the Public Utility Commission
of Texas (commission) an application on May 9, 2003, for waiver of denial
by the North American Numbering Plan Administrator (NANPA) Pooling Administrator
(PA) of applicant's request for NXX codes.
Docket Title and Number: Application of ionex telecommunications, inc.
for Waiver of Denial by the NANPA of NXX Code Request in the Euless Rate Center.
Docket Number 27773.
The Application: ionex telecommunications, inc. (ionex) submitted a Central
Office Code (NXX) Assignment Request to the PA for the assignment of an additional
NXX code to offer extended/expanded local two way calling service in the Euless
rate center. The PA denied ionex's request based on practices designed to
prohibit acquisition of unneeded numbering resources. ionex seeks an exception
to the application of NXX assignment guidelines. ionex asked that the commission
instruct the PA to release the numbering resources ionex contends are necessary
to allow ionex to offer a more competitive range of services to the local
businesses within the Euless service area.
Persons wishing to comment upon the action sought should contact the Public
Utility Commission of Texas, by mail at P.O. Box 13326, Austin, Texas, 78711-3326,
or by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than
June 2, 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 27773.
TRD-200302992
Rhonda G. Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: May 13, 2003
Notice is given to the public of the filing with the Public Utility Commission
of Texas (commission) an application on May 9, 2003, for waiver of denial
by the North American Numbering Plan Administrator (NANPA) Pooling Administrator
(PA) of applicant's request for NXX codes.
Docket Title and Number: Application of ionex telecommunications, inc.
for Waiver of Denial by the NANPA of NXX Code Request in the Irving Rate Center.
Docket Number 27774.
The Application: ionex telecommunications, inc. (ionex) submitted a Central
Office Code (NXX) Assignment Request to the PA for the assignment of an additional
NXX code to offer extended/expanded local two way calling service in the Irving
rate center. The PA denied ionex's request based on practices designed to
prohibit acquisition of unneeded numbering resources. ionex seeks an exception
to the application of NXX assignment guidelines. ionex asked that the commission
instruct the PA to release the numbering resources ionex contends are necessary
to allow ionex to offer a more competitive range of services to the local
businesses within the Irving service area. Furthermore, ionex stated that
if the waiver is granted, the ionex numbering administrator will be able to
donate nine of the blocks from the full code to the pooling efforts within
the service area.
Persons wishing to comment upon the action sought should contact the Public
Utility Commission of Texas, by mail at P.O. Box 13326, Austin, Texas, 78711-3326,
or by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than
June 2, 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 27774.
TRD-200302993
Rhonda G. Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: May 13, 2003
Notice is given to the public of the filing with the Public Utility Commission
of Texas (commission) an application on May 9, 2003, for waiver of denial
by the North American Numbering Plan Administrator (NANPA) Pooling Administrator
(PA) of applicant's request for NXX codes.
Docket Title and Number: Application of ionex telecommunications, inc.
for Waiver of Denial by the NANPA of NXX Code Request in the Arlington Rate
Center. Docket Number 27775.
The Application: ionex telecommunications, inc. (ionex) submitted a Central
Office Code (NXX) Assignment Request to the PA for the assignment of an additional
NXX code to offer extended/expanded local two way calling service in the Arlington
rate center. The PA denied ionex's request based on practices designed to
prohibit acquisition of unneeded numbering resources. ionex seeks an exception
to the application of NXX assignment guidelines. ionex asked that the commission
instruct the PA to release the numbering resources ionex contends are necessary
to allow ionex to offer a more competitive range of services to the local
businesses within the Arlington service area.
Persons wishing to comment upon the action sought should contact the Public
Utility Commission of Texas, by mail at P.O. Box 13326, Austin, Texas, 78711-3326,
or by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than
June 2, 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 27775.
TRD-200302994
Rhonda G. Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: May 13, 2003
Notice is given to the public of the filing with the Public Utility Commission
of Texas of an application on May 1, 2003, for suspension of a retail electric
provider (REP) certification, pursuant to § §39.101- 39.109 of the
Public Utility Regulatory Act (PURA). A summary of the application follows.
Docket Title and Number: Petition of UBS AG, Acting Through its London
Branch, for Suspension of Retail Electric Provider (REP) certificate, Docket
Number 27725 before the Public Utility Commission of Texas.
Persons wishing to comment upon the action sought should contact the Public
Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326,
or by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than
May 30, 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 No. 27725.
TRD-200302976
Rhonda G. Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: May 13, 2003
On May 2, 2003, Southwestern Bell Telephone, LP doing business as SBC Texas
and AT&T Communications of Texas, LP, 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 27731. 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
27731. As a part of the comments, an interested person may request that a
public hearing be conducted. The comments, including any request for public
hearing, shall be filed by June 4, 2003, and shall include:
1) a detailed statement of the person's interests in the agreement, including
a description of how approval of the agreement may adversely affect those
interests;
2) specific allegations that the agreement, or some portion thereof:
a) discriminates against a telecommunications carrier that is not a party
to the agreement; or
b) is not consistent with the public interest, convenience, and necessity;
or
c) is not consistent with other requirements of state law; and
3) the specific facts upon which the allegations are based.
After reviewing any comments, the commission will issue a notice of approval,
denial, or determine whether to conduct further proceedings concerning the
joint application. The commission shall have the authority given to a presiding
officer pursuant to P.U.C. Procedural Rule §22.202. The commission may
identify issues raised by the joint application and comments and establish
a schedule for addressing those issues, including the submission of evidence
by the applicants, if necessary, and briefing and oral argument. The commission
may conduct a public hearing. Interested persons who file comments are not
entitled to participate as intervenors in the public hearing.
Persons with questions about this action, or who wish to comment on the
joint application should contact the Public Utility Commission of Texas, 1701
North Congress Avenue, PO Box 13326, Austin, Texas 78711-3326, or by phone
at (512) 936-7120 or toll-free at 1-888-782-8477. Hearing and speech-impaired
individuals with text telephones (TTY) may contact the commission at (512)
936- 7136. All correspondence should refer to Docket Number 27731.
TRD-200302851
Rhonda G. Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: May 8, 2003
On May 2, 2003, Southwestern Bell Telephone, LP doing business as SBC Texas
and Comm South Companies, Inc. doing business as Texas Comm South, 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 27740. 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
27740. As a part of the comments, an interested person may request that a
public hearing be conducted. The comments, including any request for public
hearing, shall be filed by June 4, 2003, and shall include:
1) a detailed statement of the person's interests in the agreement, including
a description of how approval of the agreement may adversely affect those
interests;
2) specific allegations that the agreement, or some portion thereof:
a) discriminates against a telecommunications carrier that is not a party
to the agreement; or
b) is not consistent with the public interest, convenience, and necessity;
or
c) is not consistent with other requirements of state law; and
3) the specific facts upon which the allegations are based.
After reviewing any comments, the commission will issue a notice of approval,
denial, or determine whether to conduct further proceedings concerning the
joint application. The commission shall have the authority given to a presiding
officer pursuant to P.U.C. Procedural Rule §22.202. The commission may
identify issues raised by the joint application and comments and establish
a schedule for addressing those issues, including the submission of evidence
by the applicants, if necessary, and briefing and oral argument. The commission
may conduct a public hearing. Interested persons who file comments are not
entitled to participate as intervenors in the public hearing.
Persons with questions about this action, or who wish to comment on the
joint application should contact the Public Utility Commission of Texas, 1701
North Congress Avenue, PO Box 13326, Austin, Texas 78711-3326, or by phone
at (512) 936-7120 or toll-free at 1-888-782-8477. Hearing and speech-impaired
individuals with text telephones (TTY) may contact the commission at (512)
936- 7136. All correspondence should refer to Docket Number 27740.
TRD-200302852
Rhonda G. Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: May 8, 2003
On May 2, 2003, Southwestern Bell Telephone, LP doing business as SBC Texas
and Birch Telecom of Texas, Ltd, LLP, 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 27741. 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
27741. As a part of the comments, an interested person may request that a
public hearing be conducted. The comments, including any request for public
hearing, shall be filed by June 4, 2003, and shall include:
1) a detailed statement of the person's interests in the agreement, including
a description of how approval of the agreement may adversely affect those
interests;
2) specific allegations that the agreement, or some portion thereof:
a) discriminates against a telecommunications carrier that is not a party
to the agreement; or
b) is not consistent with the public interest, convenience, and necessity;
or
c) is not consistent with other requirements of state law; and
3) the specific facts upon which the allegations are based.
After reviewing any comments, the commission will issue a notice of approval,
denial, or determine whether to conduct further proceedings concerning the
joint application. The commission shall have the authority given to a presiding
officer pursuant to P.U.C. Procedural Rule §22.202. The commission may
identify issues raised by the joint application and comments and establish
a schedule for addressing those issues, including the submission of evidence
by the applicants, if necessary, and briefing and oral argument. The commission
may conduct a public hearing. Interested persons who file comments are not
entitled to participate as intervenors in the public hearing.
Persons with questions about this action, or who wish to comment on the
joint application should contact the Public Utility Commission of Texas, 1701
North Congress Avenue, PO Box 13326, Austin, Texas 78711-3326, or by phone
at (512) 936-7120 or toll-free at 1-888-782-8477. Hearing and speech-impaired
individuals with text telephones (TTY) may contact the commission at (512)
936- 7136. All correspondence should refer to Docket Number 27741.
TRD-200302853
Rhonda G. Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: May 8, 2003
On May 7, 2003, Southwestern Bell Telephone, LP doing business as SBC Texas
and Birch Telecom of Texas, Ltd, LLP, 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 27756. 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
27756. As a part of the comments, an interested person may request that a
public hearing be conducted. The comments, including any request for public
hearing, shall be filed by June 6, 2003, and shall include:
1) a detailed statement of the person's interests in the agreement, including
a description of how approval of the agreement may adversely affect those
interests;
2) specific allegations that the agreement, or some portion thereof:
a) discriminates against a telecommunications carrier that is not a party
to the agreement; or
b) is not consistent with the public interest, convenience, and necessity;
or
c) is not consistent with other requirements of state law; and
3) the specific facts upon which the allegations are based.
After reviewing any comments, the commission will issue a notice of approval,
denial, or determine whether to conduct further proceedings concerning the
joint application. The commission shall have the authority given to a presiding
officer pursuant to P.U.C. Procedural Rule §22.202. The commission may
identify issues raised by the joint application and comments and establish
a schedule for addressing those issues, including the submission of evidence
by the applicants, if necessary, and briefing and oral argument. The commission
may conduct a public hearing. Interested persons who file comments are not
entitled to participate as intervenors in the public hearing.
Persons with questions about this action, or who wish to comment on the
joint application should contact the Public Utility Commission of Texas, 1701
North Congress Avenue, PO Box 13326, Austin, Texas 78711-3326, or by phone
at (512) 936-7120 or toll-free at 1-888-782-8477. Hearing and speech-impaired
individuals with text telephones (TTY) may contact the commission at (512)
936- 7136. All correspondence should refer to Docket Number 27756.
TRD-200302907
Rhonda G. Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: May 9, 2003
On May 7, 2003, Southwestern Bell Telephone, LP doing business as SBC Texas
and Allegiance Telecom of Texas, Incorporated, 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 27757. 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
27757. As a part of the comments, an interested person may request that a
public hearing be conducted. The comments, including any request for public
hearing, shall be filed by June 6, 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 27757.
TRD-200302908
Rhonda G. Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: May 9, 2003
On May 7, 2003, Southwestern Bell Telephone, LP doing business as SBC Texas
and Ionex Communications South, Incorporated, 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 27758. 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
27758. As a part of the comments, an interested person may request that a
public hearing be conducted. The comments, including any request for public
hearing, shall be filed by June 6, 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 27758.
TRD-200302909
Rhonda G. Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: May 9, 2003
On May 7, 2003, Southwestern Bell Telephone, LP doing business as SBC Texas
and CoServ, LLC doing business as CoServ Communications, 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 27759. 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
27759. As a part of the comments, an interested person may request that a
public hearing be conducted. The comments, including any request for public
hearing, shall be filed by June 6, 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 27759.
TRD-200302910
Rhonda G. Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: May 9, 2003
On May 8, 2003, Southwestern Bell Telephone, L.P. doing business as SBC
Texas and Rosebud Telephone, L.C. 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 27766. 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
27766. As a part of the comments, an interested person may request that a
public hearing be conducted. The comments, including any request for public
hearing, shall be filed by June 10, 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 27766.
TRD-200302996
Rhonda G. Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: May 13, 2003
On May 9, 2003, Southwestern Bell Telephone, L.P. doing business as SBC
Texas and Talk America, Incorporated doing business as Talk America Communications,
Incorporated, 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 27778. 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
27778. As a part of the comments, an interested person may request that a
public hearing be conducted. The comments, including any request for public
hearing, shall be filed by June 11, 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 27778.
TRD-200302977
Rhonda G. Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: May 13, 2003
On May 12, 2003, Southwestern Bell Telephone, L.P. doing business as SBC
Texas and Accutel of Texas, L.P., 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 27785. 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
27785. As a part of the comments, an interested person may request that a
public hearing be conducted. The comments, including any request for public
hearing, shall be filed by June 12, 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 27785.
TRD-200302979
Rhonda G. Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: May 13, 2003
On May 8, 2003, United Telephone Company of Texas, Incorporated doing business
as Sprint, Central Telephone Company of Texas doing business as Sprint, and
Cumby Telephone Cooperative, Incorporated, collectively referred to as applicants,
filed a joint application for approval to adopt the rates, terms, and conditions
of a previously-approved interconnection agreement adopted pursuant to the §252(e)
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 27765. The joint application
and the underlying interconnection agreement are available for public inspection
at the commission's offices in Austin, Texas.
The commission must act to approve the interconnection agreement within
35 days after it is submitted by the parties.
The commission finds that additional public comment should be allowed before
the commission issues a final decision approving or rejecting the interconnection
agreement. Any interested person may file written comments on the joint application
by filing three copies of the comments with the commission's filing clerk.
Additionally, a copy of the comments should be served on each of the applicants.
The comments should specifically refer to Docket Number 27765. As a part of
the comments, an interested person may request that a public hearing be conducted.
The comments, including any request for public hearing, shall be filed by
June 10, 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 27765.
TRD-200302912
Rhonda G. Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: May 9, 2003
On May 8, 2003, Southwestern Bell Telephone, LP doing business as SBC Texas
and Satellink Communications, Incorporated, 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 27768. The joint application
and the underlying interconnection agreement are available for public inspection
at the commission's offices in Austin, Texas.
The commission must act to approve the interconnection agreement within
35 days after it is submitted by the parties.
The commission finds that additional public comment should be allowed before
the commission issues a final decision approving or rejecting the interconnection
agreement. Any interested person may file written comments on the joint application
by filing three copies of the comments with the commission's filing clerk.
Additionally, a copy of the comments should be served on each of the applicants.
The comments should specifically refer to Docket Number 27768. As a part of
the comments, an interested person may request that a public hearing be conducted.
The comments, including any request for public hearing, shall be filed by
June 10, 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 27768.
TRD-200302914
Rhonda G. Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: May 9, 2003
On May 9, 2003, Livingston Telephone Company and Nextel Communications,
Incorporated doing business as Nextel of Texas, Incorporated, 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 27779. The joint application and the underlying interconnection agreement
are available for public inspection at the commission's offices in Austin,
Texas.
The commission must act to approve the interconnection agreement within
35 days after it is submitted by the parties.
The commission finds that additional public comment should be allowed before
the commission issues a final decision approving or rejecting the interconnection
agreement. Any interested person may file written comments on the joint application
by filing three copies of the comments with the commission's filing clerk.
Additionally, a copy of the comments should be served on each of the applicants.
The comments should specifically refer to Docket Number 27779. As a part of
the comments, an interested person may request that a public hearing be conducted.
The comments, including any request for public hearing, shall be filed by
June 11, 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 27779.
TRD-200302978
Rhonda G. Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: May 13, 2003
The staff of the Public Utility Commission of Texas (commission) will hold
a workshop regarding allowable fees and rates of independent organizations
on Wednesday, June 4, 2003, at 10:00 a.m. in Hearing Room A, located on the
7th floor of the William B. Travis Building, 1701 North Congress Avenue, Austin,
Texas 78701. Project Number 27736,
Rulemaking on
Allowable Fees and Rates of Independent Organizations
, has been established
for this proceeding. The workshop will provide an opportunity for interested
persons to advise the commission staff of their views on how the ERCOT administrative
fee should be determined and approved, and on any other matters relating to
the administrative fee.
Ten days prior to the workshop the commission will make available in Central
Records under Project Number 27736 an agenda for the format of the workshop
and a copy of a draft rule. The commission requests that persons planning
on attending the workshop register by phone with Rich Lain, Financial Review
Division, (512) 936-7454.
Questions concerning the workshop or this notice should be referred to
Rich Lain, Financial Review Division, (512) 936-7454. Hearing and speech-impaired
individuals with text telephones (TTY) may contact the commission at (512)
936-7136.
TRD-200302975
Rhonda G. Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: May 13, 2003
The Public Utility Commission of Texas (commission) will hold a workshop
regarding amendments to Substantive Rule §25.474 (a) - (h), relating
to Selection of Change of Retail Electric Provider (REP), on Wednesday, May
28, 2003, at 9:00 a.m. in the Commissioners' Hearing Room, located on the
7th floor of the William B. Travis Building, 1701 North Congress Avenue, Austin,
Texas 78701. Project Number 27084,
PUC Rulemaking
to Revise Customer Protection Rules
, has been established for this
proceeding.
The commission requests that interested parties submit draft rule language
and respond to the following questions prior to the workshop:
1. What amendments should be made to §25.474 regarding the general
standards for authorizations and verifications of switch orders to ensure
that customers are properly enrolled with their chosen REP? Please provide
recommendations for specific language.
2. What amendments should be made to §25.474 regarding the methods
of obtaining customer authorization and verification for customers enrolled
through door-to-door solicitation, telephone solicitation and the internet?
Please provide recommendations for specific language.
Please submit draft rule language and comments only on subsections (a)
- (h) of §25.474. Responses may be filed by submitting 16 copies to the
commission's Filing Clerk, Public Utility Commission of Texas, 1701 North
Congress Avenue, P.O. Box 13326, Austin, Texas 78711-3326, by May 21, 2003.
All responses should reference Project Number 27084. Parties are also asked
to send a copy of filed documents to the project electronic mailing list at
CUSTRULE@puc.state.tx.us.
Prior to the workshop the commission will make available in Central Records
under Project Number 27084 an agenda for the format of the workshop. Copies
of the agenda will also be available on the commission's website at www.puc.state.tx.us.
Questions concerning the workshop or this notice should be referred to
Carrie Collier, Analyst-Retail Market Oversight, Electric Division, at (512)
936-7163. Hearing and speech-impaired individuals with text telephones (TTY)
may contact the commission at (512) 936-7136.
TRD-200302995
Rhonda G. Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: May 13, 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:
Lower Colorado River Authority, P. O. Box 220, Austin, Texas, 78767-0220,
received January 29, 2003, application for financial assistance in the amount
of $10,190,000 from the Drinking Water State Revolving Fund - Disadvantaged
Community Program.
North Channel Water Authority of Harris County, P.O. Box 24338, Houston,
Texas, 77229, received August 30, 2002, application for financial assistance
in the amount of $3,510,000 from the Texas Water Development Funds.
Moore County Soil and Water Conservation District, 801 South Bliss, Suite
104, Dumas, Texas, 79029, received September 27, 2002, application for financial
assistance in the amount of $5,343.75 from the Agricultural Water Conservation
Grants Program.
Blanco-Pedernales Groundwater Conservation District, P.O. Box 1516, Johnson
City, Texas, 78636, received September 30, 2002, application for financial
assistance in the amount of $6,000 from the Agricultural Water Conservation
Grants Program.
High Plains Underground Water Conservation District, 2930 Avenue Q, Lubbock,
Texas, 79411-2499, received August 19, 2002, application for financial assistance
in the amount of $10,335 from the Agricultural Water Conservation Grants Program.
Evergreen Underground Water Conservation District, 110 Wyoming Boulevard,
Pleasanton, Texas, 78064, received September 30, 2002, application for financial
assistance in the amount of $5,283.75 from the Agricultural Water Conservation
Grants Program.
TRD-200302836
Gail L. Allan
Legal Counsel, General Counsel Office
Texas Water Development Board
Filed: May 7, 2003
Texas Building and Procurement Commission
Project No. 01-022-0405
Project No. 03-016-0405
Coastal Coordination Council
Office of Consumer Credit Commissioner
Office of Court Administration
Texas Education Agency
Texas Commission on Environmental Quality
Notice of Application and Preliminary Decision for a Municipal Solid Waste Permit
Notice of Application and Preliminary Decision for a Municipal Solid Waste Permit
Notice of Opportunity to Comment on Default Orders of Administrative Enforcement Actions
Notice of Opportunity to Comment on Settlement Agreements of Administrative Enforcement Actions
Notice of Water Quality Applications
Notice of Water Rights Application
Proposed Enforcement Orders
Texas Department of Health
Notice of Preliminary Report for Assessment of Administrative Penalties and Notice of Violation on Lifemark Hospitals, Inc., dba Southwestern General Hospital
Heart of Texas Council of Governments
Texas Department of Public Safety
Public Utility Commission of Texas
Notice of Application for Waiver of Denial of Request for NXX Code
Notice of Application for Waiver of Denial of Request for NXX Code
Notice of Application for Waiver of Denial of Request for NXX Code
Notice of Application for Waiver of Denial of Request for NXX Code
Notice of Application for Waiver of Denial of Request for NXX Code
Notice of Petition for Suspension of a Certificate to Provide Retail Electric Service
Public Notice of Amendment to Interconnection Agreement
Public Notice of Amendment to Interconnection Agreement
Public Notice of Amendment to Interconnection Agreement
Public Notice of Amendment to Interconnection Agreement
Public Notice of Amendment to Interconnection Agreement
Public Notice of Amendment to Interconnection Agreement
Public Notice of Amendment to Interconnection Agreement
Public Notice of Amendment to Interconnection Agreement
Public Notice of Amendment to Interconnection Agreement
Public Notice of Amendment to Interconnection Agreement
Public Notice of Interconnection Agreement
Public Notice of Interconnection Agreement
Public Notice of Interconnection Agreement
Public Notice of Workshop on Allowable Fees and Rates of Independent Organizations
Public Notice of Workshop on Amendments to §25.474 (a) - (h), Relating to Selection or Change of Retail Electric Provider
Texas Water Development Board
Texas Workforce Commission