Texas Department of Agriculture
Notice of Amendments to Request for Proposals: Texas-Israel Exchange Fund Program
The Texas Department of Agriculture (the department) hereby provides notice
of amendments to its Request for Proposals for the Texas-Israel Exchange Fund
Program published in the In Addition Section of the
Texas Register
on March 5, 2004 (29 TexReg 2423). The department is
extending the submission deadlines for proposals and changing the funding
limitations as follows:
Submission Dates/Locations.
May 1:
The title page, including the names
of all participants, full address details of all participants and the complete
abstract are to be submitted electronically (via the on-line submission form
on the BARD and TDA/TIE websites - www.bard-isus.com and www.agr.state.tx.us/iga/grants_funding/index.htm).
May 15:
Twelve hard copies and one electronic
copy of the proposal copy in PDF format (either by diskette or CD Rom) must
arrive not later than 5:00 p.m. on May 15 to each of the following: Texas
Department of Agriculture, Attn: Carol Funderburgh, P.O. Box 12847, Austin,
Texas 78711 or physical address of 1700 North Congress, 11th Floor, Austin,
Texas 78701; and the main BARD office, Agricultural Center, P.O. Box 6, Bet
Dagan, 50250, Israel - physical address is: Room 412, Old Administration Building,
Volcani Center, HaKirya HaHaklait, Derech Hamakabim, Rishon LeZion, Israel.
The signature page may be submitted separately from the proposal, but one
copy must arrive at each of the TIE and BARD offices not later than 5:00 p.m.
on
June 1.
No additions or amendments to the proposal will be accepted after 5:00
p.m. on
May 15.
Funding Limitations.
Each project is limited to a maximum award of
$100,000
(
$50,000
from TIE and
$50,000
from BARD) per year, not to exceed a duration of three years
and a maximum amount of
$300,000
(
$150,000
from TIE and
$150,000
from BARD)
for the three-year period. Grants are awarded for a one-year period of time
with any subsequent funding for multi-year projects contingent upon documentation
of achieved objectives and adherence to grant guidelines, reporting requirements
and the availability of funds.
All other terms and requirements of the Request for Proposals remain the
same as published on March 5, 2004.
Any questions regarding these changes may be directed to Carol Funderburgh,
P.O. Box 12847, Austin, Texas 78711 or physical address of 1700 North Congress,
11th Floor, Austin, Texas 78701, ph. 512/463-8536.
TRD-200402200
Dolores Alvarado Hibbs
Deputy General Counsel
Texas Department of Agriculture
Filed: March 31, 2004
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 March 19, 2004, through
March 24, 2004. The public comment period for these projects will close at
5:00 p.m. on April 30, 2004.
FEDERAL AGENCY ACTIONS:
Applicant: Victoria County Navigation District
;
Location: The project is located at the west side of the Port of Victoria
Turning Basin, approximately 9 miles south of Victoria, Victoria County, Texas.
The project can be located on the U.S.G.S. quadrangle map entitled: BLOOMINGTON,
Texas. Approximate NAD27 UTM Coordinates: Zone 14; Easting: 698,006; Northing:
3,175,261. Project Description: The applicant proposes to widen the barge
mooring area on the west side of the Victoria Barge Canal at the Port of Victoria
Turning Basin to a width of 50 feet, a length of 900 feet and a depth of 14
feet, and to construct a dock with steel piles 720 feet long by 50 feet wide.
The amount of material to be hydraulically dredged is 20,000 cubic yards,
to be placed in Corps of Engineers Placement Area No. 13. The slope will be
stabilized with geotextile blanket and articulated concrete mats. The work
is to be performed in order to improve the dock facilities at the Turning
Basin to handle agricultural grain products. CCC Project No.: 04-0056-F1;
Type of Application: U.S.A.C.E. permit application #23261 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 §1251-1387).
Applicant: Lyman Reed
Location: The project
is located between Moses Lake and Galveston Bay, on Skyline Drive, at the
Tide Control Gate, in Texas City, Galveston County, Texas. The project can
be located on the U.S.G.S. quadrangle map entitled: La Marque, Texas. Approximate
UTM Coordinates: Zone 15; Easting: 314000; Northing: 3257000. Project Description:
The applicant proposes to amend Permit No. 13037 (08). The original permit,
issued on June 20, 1979, authorized the construction of a marina and residential
subdivision. Amendment (01) authorized the placement of material and the construction
of bulkheads for erosion control. It also authorized the dredging of three
additional channels and the narrowing of a previously authorized channel from
100 feet to 90 feet. This amendment also provided for the option of not bulkheading
portions of the channels and extended the time for completing the authorized
work. Amendment (03) extended the time to complete the authorized work and
provided authorization to construct two additional canals. Amendment (04)
extended the time to complete the authorized work, and also authorized the
deletion of a designated area of the project site to avoid impacts to two
existing cultural resource sites. Amendment (05) extended the time to complete
the authorized work. Amendment (06) authorized a reduction in the scope of
the project and a modification to the marina. This amendment also extended
the time to complete the authorized work. Amendment (07) extended the time
to complete the authorized work. Amendment (08) deleted Channel F and Borrow
Pit Number 3, changed the configuration of the marina, added an option to
relocate the 7-acre mitigation area to an adjacent property, added Borrow
Pit Number 2 as an expansion area for the marina, and extended time to complete
work until December 31, 2005. In a letter dated September 25, 2001, the applicant
was authorized for the relocation of roads and culverts, and a minor change
in the shape, but not size, of the previously authorized mitigation area.
In this proposed amendment, the applicant is requesting to: 1. Modify the
marina entry by deleting the conventional pier/finger pier type marina on
the southern side of Borrow Pit Number 1 and replace it with townhouse pods
and individual boat piers. 2. Relocate the 7-acre mitigation area back to
the location between the edges of the existing undisturbed wetlands and the
toe of the 50-foot wide greenbelt along the southern edge of the development.
3. Shorten channels B, C, and D to allow the Highbourne Cay residential finger
to be adjacent to and within Borrow Pit Number 2. This will add 21 private
residences and boats slips, half of which will be located within Borrow Pit
Number 2. The proposed pier and boat slip structures associated with these
residences will be added to the Residential Pier Examples (pages 29a, 29b).
4. Increase the collecting channel's width to have a fairway exceeding 50
feet. 5. Extend the permit time to complete the project. To date, no construction
has been started. CCC Project No.: 04-0080-F1; Type of Application: U.S.A.C.E.
permit application #13037(09) 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 §1251-1387). Note: The consistency review for this
project may be conducted by the Texas Commission on Environmental Quality
under §401 of the Clean Water Act.
Applicant: Ross Novelli, Jr.
; Location: The
project is located in wetlands and shallow open water on the west end of Galveston
Island, Galveston County, Texas. The project can be located on the U.S.G.S.
quadrangle map entitled: Sea Isle, Texas. Approximate UTM Coordinates: Zone
15; Easting: 302340; Northing: 3226003. Project Description: The applicant
proposes to dredge a boat access channel and excavate a channel for a waterfront
subdivision. The proposed development includes 164 residential lots and water
access channels. One main channel will be dredged to provide access to West
Galveston Bay. A total of 38,500 cubic yards of material will be hydraulically
dredged for the main access channel. An existing natural channel will be connected
to the proposed development to increase water circulation and smaller circulation
ditches will be constructed through the subdivision. The excavation will impact
5.10 acres of jurisdictional wetlands and an additional 1.44 acres of jurisdictional
waters. To offset project impacts the applicant proposes to construct 10.0
acres of intertidal wetlands utilizing the dredged material just north of
the proposed development. Berms will be constructed to contain the material.
In addition, the applicant proposes to set aside 24.46 acres as an open space
reserve. CCC Project No.: 04-0101-F1; Type of Application: U.S.A.C.E. permit
application #22607(01) 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 §1251-1387). Note: The consistency review for this project
may be conducted by the Texas Commission on Environmental Quality under §401
of the Clean Water Act.
Pursuant to §306(d)(14) of the Coastal Zone Management Act of 1972
(16 U.S.C.A. §§1451-1464), as amended, interested parties are invited
to submit comments on whether a proposed action is or is not consistent with
the Texas Coastal Management Program goals and policies and whether the action
should be referred to the Coastal Coordination Council for review.
Further information 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-200402195
Larry L. Laine
Chief Clerk/Deputy Land Commissioner, General Land Office
Coastal Coordination Council
Filed: March 31, 2004
Local Sales Tax Rate Changes Effective April 1, 2004
TRD-200402156
Martin Cherry
Chief Deputy General Counsel
Comptroller of Public Accounts
Filed: March 29, 2004
Request for Proposal
PROPOSAL SUBMISSION INFORMATION AND INSTRUCTIONS
This document is intended to convey all the information necessary to enable
a potential responder to submit proposal (or proposals) in response to this
Request for Proposals (RFP).
SOLICITATION OF PROPOSALS
The Concho Valley Workforce Development Board (Board) is seeking proposals
from firms or consultants with experience in Industry Sector and/or Industry
Cluster Analysis in response to this RFP to award funds for conducting an
analysis in
Tom Green County, Texas,
which consists
of the Metropolitan Statistical Area of San Angelo.
Firms or consultants responding to this RFP must describe the activities
that will contribute to building a foundation for long-term success to delivering
quality workforce services incorporating economic development and education
by conducting an Industry Sector and/or Industry Cluster Analysis that focuses
on:
• Emphasizing a strong academic foundation for workers
• Emphasize value and opportunities in high-growth careers that require
some post-secondary education but not necessarily four-year degrees
• A better understanding of the skill needs of employers
• Identifying opportunities in high-growth industries and career ladders
they offer
• Partnerships to create curricula to meet employer needs
• New and innovative options in proven programs, such as apprenticeships
PROPOSAL PROCESS
Authorized Contact:
The authorized contact
person for this RFP is:
Name: Mary Kay Kuss
Title: Director of Planning and Resource Development
Organization: Concho Valley Workforce Development Board
Mailing Address: P. O. Box 2779, San Angelo, Texas 76902-2779
Street Address: 36 E. Twohig Room 810 San Angelo, Texas (TX) 76903
Telephone: (325) 655-2005
Fax: (325) 482-8900
Email: mary.kuss@twc.state.tx.us
Other Communication:
Communication with any
other personnel or project partners in reference to or concerning this RFP,
other than the contact person listed in these instructions, is prohibited.
Failure to follow this provision may be grounds for disqualification of the
application.
Letter of Intent to Apply:
All potential
offerors
must submit
a Letter of Intent to Apply
in order for an offeror's proposal to be considered responsive and to provide
the Concho Valley Workforce Development Board the required information to
respond to written RFP questions. This letter will inform the organization
of the offeror's intention to submit a proposal in response to this RFP and
provide detailed contact information. A Letter of Intent to Apply is not binding
should an offeror choose not to respond to the RFP by the deadline.
• Identification of the potential offeror(s);
• Reference to the RFP for which the application will be submitted
(in this case, LC-PRD RFP #03-04, Industry Sector/Cluster Analysis; and
• Contact Information (Name, title, business, mailing address, street
address, phone number, fax number and email address)
Application Due Date and Delivery Method:
Applications must be received no later than 5:00
pm CST, June 18, 2004 at:
Concho Valley Workforce Development Board
Mary Kay Kuss, Director of Planning and Resource
Development
36 E. Twohig, Room #810
San Angelo, TX 76903
Applications received after this deadline will be disqualified. Any reasonable
delivery method, except fax and E-mail, may be used. While not required, responders
are encouraged to use a traceable delivery method, such as certified mail,
return receipt requested, or a guaranteed express delivery service.
The Concho Valley Workforce Development Board will notify responders when
their applications have been received and logged in via email notification.
Format:
• The response must be printed or typed in Font Size 12, on 8 1/2"
by 11" paper (on one-side only), in a portrait orientation, and sequentially
paginated (including attachments). Do not use any type of binder.
• An original and four complete, loose leaf, paper copies of the proposal
must be submitted. The responder is encouraged to retain a paper reference
copy.
• The original proposal must contain a cover letter with an original
signature, in blue ink, by an appropriate representative of the firm.
Withdrawing Proposals:
A proposal may be
withdrawn at any time prior to the selection announcement date by written
notification to the Concho Valley Workforce Development Board's primary contact
person.
Amending Proposals:
Proposals may be amended
at any time after submission but prior to the due date in writing to the Concho
Valley Workforce Development Board's authorized contact person. Applications
may be amended after the due date only at the direction of the Concho Valley
Workforce Development Board.
Additional Materials:
The Concho Valley Workforce
Development Board will only consider complete applications submitted by the
due date for award.
Unless specifically requested
by the Board, material submitted after the due date will not be considered.
Changes and Amendments:
The Concho Valley
Workforce Development Board reserves the right to amend or withdraw this RFP
at any time by notifying each potential responder of record.
Offeror's Conference Call:
The Board will
hold an Offeror's Conference Call on
Tuesday, April
20, 2004 at 2:00 p.m., Central Standard Time
. To participate in the
Offeror's Conference, a Letter of Intent with all contact information must
be received by March 21st to ensure notification of instructions to accessing
the conference call. After this RFP is issued, the Offeror's Conference Call
is intended to be the primary source of information for all potential offerors.
After the conference call, only written questions on offeror letterhead or
other entity-identifying communication (e.g., e-mail) will be accepted, and
must be addressed to the Board contact person. In order to receive a response,
questions must be received by the Board contact person no later than 5:00
p.m. on
Tuesday, April 27, 2004
. All Board responses
will be in writing and copies will be sent to all prospective offerors who
received an RFP packet.
The Board will exclude any non-responsive applications from further consideration
and will notify the respective responder of such decision by certified mail.
Selection and Award Announcement:
The Board
and partners will evaluate proposals received, may request the proposing entity
to provide a presentation, make a selection decision, and announce the awards
to be made.
Protests:
Any offeror submitting a proposal
and wishing to protest the award, must submit the following information by
certified mail to:
Johnny Griffin
Executive Director
Concho Valley Workforce Development Board
P. O. Box 2779
San Angelo, TX 76902-2779
The written protest, including relevant written information, must be received
by the Board within ten (10) business days from the date of the announcement
of the award. The written protest must:
• Identify the RFP being protested (in this case, it is RFP LC-PRD
#03-04);
• State the grounds for the protest; including a description of any
alleged acts or omissions by the Board which form the basis for the protest;
• Provide any written information which the protestor believes is
relevant to the award; and
• Provide the basis for the protestor's interest in the award.
TRD-200402186
Mary Kay Kuss
Director of Planning and Resource Development
Concho Valley Workforce Development Board
Filed: March 29, 2004
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,
303.005, and 303.009, Tex. Fin. Code.
The weekly ceiling as prescribed by Sec. 303.003 and Sec. 303.009 for the
period of 04/05/04 - 04/11/04 is 18% for Consumer
1
/Agricultural/Commercial
2
/credit thru
$250,000.
The weekly ceiling as prescribed by Sec. 303.003 and Sec. 303.009 for the
period of 04/05/04 - 04/11/04 is 18% for Commercial over $250,000.
The monthly ceiling as prescribed by Sec. 303.005
3
for the period of 04/01/04 - 04/30/04 is 18% for Consumer/Agricultural/Commercial/credit
thru $250,000.
The monthly ceiling as prescribed by Sec. 303.005 for the period of 04/01/04
- 04/30/04 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.
3
For variable rate commercial transactions
only.
TRD-200402190
Leslie L. Pettijohn
Commissioner
Office of Consumer Credit Commissioner
Filed: March 30, 2004
Notice of Opportunity to Comment on Default Orders of Administrative Enforcement Actions
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
May 3, 2004
. 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 May 3, 2004
. 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: Cicero Patton; DOCKET NUMBER: 2003-0652-WOC-E; TCEQ ID NUMBER:
453-82-6777; LOCATION: 140 West Clark, Post Office Drawer H, Bartlett, Williamson
and Bell Counties, Texas; TYPE OF FACILITY: groundwater facility for the City
of Bartlett located in Williamson County and wastewater facility for the City
of Bartlett located in Bell County; RULES VIOLATED: 30 TAC §30.33(c)
and TWC, §7.303(b)(2), by committing fraud or deceit in obtaining his
Class C Wastewater and Class C Groundwater licenses; PENALTY: $0; revocation
of licenses, Class C Wastewater License and Class C Groundwater License; STAFF
ATTORNEY: Gitanjali Yadav, Litigation Division, MC 175, (512) 239-2029; REGIONAL
OFFICE: Austin Regional Office, 1921 Cedar Bend Drive, Suite 150, Austin,
Texas 78758-5336, (512) 339-2929 and Waco Regional Office, 6801 Sanger Avenue,
Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.
(2) COMPANY: Lowery Petroleum, Inc. dba Sunshine Exxon and dba Laurel Park
Texaco; DOCKET NUMBER: 2001-1244-PST-E; TCEQ ID NUMBERS: 5008 and 34552; LOCATIONS:
813 North 77 Sunshine Strip and 1110 South 77 Sunshine Strip, Harlingen, Cameron
County, Texas; TYPE OF FACILITY: gasoline service station; RULES VIOLATED:
30 TAC §37.815(a) and (b), by failing to demonstrate the required financial
responsibility for taking corrective action and for compensating third parties
for bodily injury and property damage caused by accidental releases arising
from the operation of petroleum underground storage tanks (USTs); 30 TAC §334.10(b)(1)(A),
by failing to develop and maintain all UST records; 30 TAC §334.49(c)(2)
and TWC, §26.3475(d), by failing to operate and maintain the cathodic
protection system to ensure that the rectifier and other system components
are operating properly; 30 TAC §334.50(d)(2)(A) and TWC, §26.3475(c)(1),
by failing to conduct weekly manual tank gauging for the petroleum substance
tanks having nominal capacity of 550 gallons or less when using it as the
sole method of tank release detection; 30 TAC §334.8(c)(5)(C), by failing
to permanently tag, label, or mark the UST system with an identification number
that is identical to the UST identification number listed on the UST registration
and self- certification form; 30 TAC §334.8(c)(4)(B) and TWC, §26.346(a),
by failing to submit the required UST registration and self-certification
form to the commission within 60 days after the effective date; 30 TAC §334.8(c)(5)(A)(iii),
by failing to ensure that a valid, current TCEQ delivery certificate was posted
at the facility; 30 TAC §334.22, by failing to pay all outstanding UST
fees; 30 TAC §334.10(b)(1)(A), by failing to maintain all UST records;
30 TAC §334.49(a) and TWC, §26.3475(d), by failing to provide corrosion
protection for the USTs associated with the UST system; 30 TAC §334.50(b)(2)(A)(i)(III)
and TWC, §26.3475(a), by failing to perform an annual performance test
on the line leak detectors; 30 TAC §334.51(b)(2)(C) and TWC, §26.3475(c)(2),
by failing to equip each tank with overfill prevention equipment; 30 TAC §334.8(c)(4)(B)
and TWC, §26.346(a), by failing to complete a UST registration and self-certification
form with all the applicable information requested on the agency's authorized
form for all regulated UST systems; PENALTY: $67,200; STAFF ATTORNEY: Gitanjali
Yadav, Litigation Division, MC 175, (512) 239-2029; REGIONAL OFFICE: Harlingen
Regional Office, 1804 West Jefferson Avenue, Harlingen, Texas 78550-5247,
(956) 425-6010.
(3) COMPANY: Michael Reid and Angela Reid dba Mike's Mini Mart; DOCKET
NUMBER: 2003-0843-PST-E; TCEQ ID NUMBER: 40447; LOCATION: 1324 West Upsur,
Gladewater, Gregg County, Texas; TYPE OF FACILITY: USTs; RULES VIOLATED: 30
TAC §37.815(a) and (b), by failing to demonstrate acceptable financial
assurance for taking corrective action and for compensating third parties
for bodily injury and property damage caused by accidental releases arising
from the operation of petroleum USTs; PENALTY: $2,100; STAFF ATTORNEY: Snehal
R. Patel, Litigation Division, MC R-12, (713) 422-8928; REGIONAL OFFICE: Tyler
Regional Office, 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.
(4) COMPANY: New Blessing, Inc. dba AM-PM Mini Mart II; DOCKET NUMBER:
2003-0811- PST-E; TCEQ ID NUMBERS: 9161 and RN600730907; LOCATION: 2721 North
Collins, Arlington, Tarrant County, Texas; TYPE OF FACILITY: convenience store
with gasoline pumps; RULES VIOLATED: 30 TAC §37.815(a) and (b), by failing
to demonstrate acceptable financial assurance for taking corrective action
and for compensating third parties for bodily injury and property damage caused
by accidental releases arising from the operation of petroleum USTs; and Agreed
Order Docket Number 1999-1071-PST-E, by failing to pay the penalty associated
with the Agreed Order Docket Number 1999- 1071-PST-E; PENALTY: $3,150; STAFF
ATTORNEY: Gitanjali Yadav, Litigation Division, MC 175, (512) 239-2029; REGIONAL
OFFICE: Dallas-Fort Worth Regional Office, 2301 Gravel Drive, Fort Worth,
Texas 76118-6951, (817) 588-5800.
(5) COMPANY: Quality Caliche Pit, Inc.; DOCKET NUMBER: 2003-0197-MSW-E;
TCEQ ID NUMBERS: 455150022 and RN102952843; LOCATION: north side of 3 Mile
Line, at the northwest corner of the intersection of 3 Mile Line and Western
Road, Mission, Hildalgo County, Texas; TYPE OF FACILITY: unauthorized disposal
site; RULES VIOLATED: 30 TAC §330.5(a), by causing, suffering, allowing,
and/or permitting the disposal of municipal solid waste at an unauthorized
disposal site; PENALTY: $18,375; STAFF ATTORNEY: Wendy Cooper, Litigation
Division, MC R-4, (817) 588-5867; REGIONAL OFFICE: Harlingen Regional Office,
1804 West Jefferson Avenue, Harlingen, Texas 78550-5247, (956) 425-6010.
TRD-200402199
Paul C. Sarahan
Director, Litigation Division
Texas Commission on Environmental Quality
Filed: March 31, 2004
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
May 3, 2004
. 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 May 3, 2004
. 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: DMV Stainless USA, Inc.; DOCKET NUMBER: 2002-1077-AIR-E; TCEQ
ID NUMBER: HG-3179-U; LOCATION: 12050 West Little York Road, Houston, Harris
County, Texas; TYPE OF FACILITY: stainless steel pipe production plant; RULES
VIOLATED: 30 TAC §122.145(2)(B) and §122.146(2), and Texas Health
and Safety Code (THSC), §382.085(b), by failing to submit an annual compliance
certification within 30 days after the end of the certification period; PENALTY:
$2,650; STAFF ATTORNEY: Richard S. O'Connell, Litigation Division, MC 175,
(512) 239-5528; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Avenue,
Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(2) COMPANY: Kayan Foods, Inc. dba Delta Food Store; DOCKET NUMBER: 2003-0914-PST-E;
TCEQ ID NUMBER: 39747; LOCATION: 9803 South Kirkwood Road, Houston, Harris
County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline;
RULES VIOLATED: 30 TAC §37.815(a) and (b), by failing to demonstrate
acceptable financial assurance for taking corrective action and for compensating
third parties for bodily injury and property damage caused by accidental release
arising from the operation of petroleum underground storage tanks (USTs);
PENALTY: $3,210; STAFF ATTORNEY: Robin Chapman, Litigation Division, MC 175,
(512) 239-0497; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Avenue,
Suite H, Houston, Texas 77023-1486, (713) 767- 3500.
(3) COMPANY: Kuykendall Oil Co., Inc. dba Brady Food Mart; DOCKET NUMBER:
1999-1198- PST-E; TCEQ ID NUMBER: 9828; LOCATION: 2017 South Bridge, Brady,
McCulloch County, Texas; TYPE OF FACILITY: convenience store with retail sales
of gasoline; RULES VIOLATED: 30 TAC §334.50(a)(1)(A) and TWC, §26.3475,
by failing to have a release detection method capable of detecting a release
from any portion of the UST system; 30 TAC §334.51(b)(2)(C) and TWC, §26.3475,
by failing to provide proper overfill prevention equipment for the UST system;
30 TAC §334.93, by failing to demonstrate the required financial responsibility
for taking corrective action and for compensating third parties for bodily
injury and property damage caused by accidental releases arising from the
operation of petroleum USTs; 30 TAC §334.7(d)(3), by failing to provide
amended registration for any change or additional information regarding USTs
within 30 days from the date of the occurrence of the change or addition or
within 30 days of the date on which the owner or operator first became aware
of the change or addition; 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 for which any applicable component of the system
is not brought into timely compliance with the upgrade requirements; and 30
TAC §334.49(c)(2)(B) and (C), by failing to provide appropriate equipment
or devices capable of indicating the operational status of the impressed current
cathodic protection system at all times and failing to regularly inspect impressed
current cathodic protection systems at least once every 60 days to ensure
the rectifier and other system components were operating properly; PENALTY:
$18,700; STAFF ATTORNEY: Lindsay Andrus, Litigation Division, MC 175, (512)
239-4761; REGIONAL OFFICE: San Angelo Regional Office, 622 South Oakes, Suite
K, San Angelo, Texas 76903-7013, (915) 655-9479.
(4) COMPANY: Panjwani Enterprises, Inc. dba Conoco Truck Stop; DOCKET NUMBER:
2002- 0454-PST-E; TCEQ ID NUMBER: 0000939; LOCATION: 8901 South Interstate
45, Conroe, Montgomery County, Texas; TYPE OF FACILITY: convenience store
with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.50(b)(1)(A)
and (2)(A) and TWC, §26.3475, by failing to provide release detection
for the diesel tanks; and 30 TAC §334.48(c) and §334.50(d)(1)(B)(ii),
by failing to reconcile inventory control records for the diesel tanks on
a monthly basis and failing to conduct proper automatic inventory control
procedures for five in-service tanks; PENALTY: $10,000; STAFF ATTORNEY: Alfred
Okpohworho, Litigation Division, MC R-12, (713) 422-8918; REGIONAL OFFICE:
Houston Regional Office, 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486,
(713) 767- 3500.
(5) COMPANY: Petro-Chemical Transport, Inc.; DOCKET NUMBER: 2002-0870-PST-E;
TCEQ ID NUMBER: RN103950572; LOCATION: 9947 Garland Avenue, Garland, Dallas
County, Texas; TYPE OF FACILITY: fuel distributor; RULES VIOLATED: 30 TAC §334.5(b)(1)(A),
by failing to ensure that the owner or operator had a valid, current TCEQ
delivery certificate prior to the deposit of a regulated substance into the
UST system; PENALTY: $1,000; 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.
(6) COMPANY: Ricky Palasota; DOCKET NUMBER: 2002-0761-MSW-E; TCEQ ID NUMBER:
455090081; LOCATION: 7116 Raymond Stotzer Parkway, College Station, Brazos
County, Texas; TYPE OF FACILITY: unauthorized municipal solid waste site;
RULES VIOLATED: 30 TAC §330.4(a) and §324.4(1) and (2)(B), by failing
to obtain a permit or TCEQ authorization for the disposal of solid waste and
discharging used oil and other unidentified waste directly on the ground;
PENALTY: $14,000; STAFF ATTORNEY: Lisa Lemanczyk, Litigation Division, MC
175, (512) 239- 5915; REGIONAL OFFICE: Waco Regional Office, 6801 Sanger Avenue,
Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.
(7) COMPANY: Texas Pacifico Transportation, Ltd.; DOCKET NUMBER: 2003-0131-MLM-E;
TCEQ ID NUMBERS: F11534, TXR05O815, and RN102923489; LOCATION: 2200 East 28th
Street, San Angelo, Tom Green County, Texas; TYPE OF FACILITY: railroad switching
and storage yard; RULES VIOLATED: 30 TAC §111.201 and THSC, §382.085(b),
by burning used oil filters in an open barrel; 30 TAC §335.62 and 40
Code of Federal Regulations §262.11, by failing to perform waste determinations
on waste ash, clean out sludges, oil-water separator wastewater, a leaking
herbicide container, and two drums of an unknown substance; 30 TAC §281.25(a)(4)
and §305.125(1) and Texas Pollutant Discharge Elimination System Permit
Number TXR05O815, Part III, §A(5)(a), by failing to properly label an
above-ground storage tank, an above-ground diesel storage tank, and a one-
gallon container; and 30 TAC §327.5(a), by failing to prevent the unauthorized
discharge of industrial waste and failing to remove or abate the spills; PENALTY:
$12,780; STAFF ATTORNEY: David Speaker, Litigation Division, MC 175, (512)
239-2548; REGIONAL OFFICE: San Angelo Regional Office, 622 South Oakes, Suite
K, San Angelo, Texas 76903-7013, (915) 655-9479.
(8) COMPANY: Tubular Rental, Inc.; DOCKET NUMBER: 1999-1137-IHW-E; TCEQ
ID NUMBER: RN103019337; LOCATION: 112 County Road 132, just north of the intersection
of State Highway 44 and Farm-to-Market (FM) Road 2570, Jim Wells County, Texas;
TYPE OF FACILITY: oil field service operation; RULES VIOLATED: 30 TAC §330.5
and TWC, §26.121(a), by causing, suffering, allowing and/or permitting
the storage, transportation and/or disposal of municipal solid wastes on the
east and west right-of-ways of FM 1554 southwest of Alice, so as to cause
the discharge or imminent threat of discharge of municipal solid wastes into
or adjacent to waters in the state without specific authorization from the
commission; 30 TAC §330.5 and §335.4, by causing, suffering, allowing
and/or permitting the collection, handling, storage, processing and/or disposal
of municipal solid and/or hazardous wastes at the facility so as to cause
the discharge or imminent threat of discharge of municipal solid and/or hazardous
wastes into or adjacent to the waters in the state; and 30 TAC §335.62,
by failing to perform hazardous waste determinations on wastes stored at the
facility; PENALTY: $600; STAFF ATTORNEY: Kelly W. Mego, Litigation Division,
MC R-4, (817) 588- 5922; REGIONAL OFFICE: Corpus Christi Regional Office,
6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5503, (361) 825-3100.
TRD-200402198
Paul C. Sarahan
Director, Litigation Division
Texas Commission on Environmental Quality
Filed: March 31, 2004
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
May 10, 2004
.
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 May 10, 2004
. 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: Advance Petroleum Distributing Company, Inc.; DOCKET NUMBER:
2003- 1511-PST-E; IDENTIFIER: Regulated Entity Identification Number RN102411469;
LOCATION: Fort Worth, Tarrant County, Texas; TYPE OF FACILITY: fuel distributor;
RULE VIOLATED: 30 TAC §334.5(b)(1)(A), by allegedly depositing a regulated
substance into underground storage tanks (USTs) at the facilities that did
not have valid, current delivery certificates; PENALTY: $3,000; ENFORCEMENT
COORDINATOR: Judy Fox, (817) 588-5800; REGIONAL OFFICE: 2301 Gravel Drive,
Fort Worth, Texas 76118-6951, (817) 588-5800.
(2) COMPANY: Ahor Enterprise Inc.; DOCKET NUMBER: 2003-0852-PST-E; IDENTIFIER:
Petroleum Storage Tank (PST) Facility Identification Number 59801, Regulated
Entity Identification Number RN100892173; LOCATION: Houston, Harris County,
Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline;
RULE VIOLATED: 30 TAC §37.815(a) and (b), by failing to demonstrate acceptable
financial assurance; PENALTY: $2,100; ENFORCEMENT COORDINATOR: Bill Davis,
(512) 239-6793; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas
77023-1486, (713) 767-3500.
(3) COMPANY: Barnhart Water Supply Corporation; DOCKET NUMBER: 2003-1251-PWS-E;
IDENTIFIER: Public Water Supply (PWS) Identification Number 1180001; LOCATION:
Barnhart, Irion County, Texas; TYPE OF FACILITY: water supply system; RULE
VIOLATED: 30 TAC §290.43(e), by failing to provide proper facility fencing
around the elevated storage tank; 30 TAC §290.41(c)(1)(A), (F), and (3)(O),
by failing to provide fencing or housing for a well, failing to provide a
sanitary control easement for a well, and failing to provide the required
well completion data to the executive director prior to putting a well into
service; and 30 TAC §290.46(t), by failing to post a system ownership
sign at the well and elevated storage tank area; PENALTY: $805; ENFORCEMENT
COORDINATOR: Craig Carson, (512) 239-5612; REGIONAL OFFICE: 622 South Oakes,
Suite K, San Angelo, Texas 76903-7013, (915) 655-9479.
(4) COMPANY: Big Oaks Municipal Utility District dba Brentwood Estates;
DOCKET NUMBER: 2003-1389-MWD-E; IDENTIFIER: Texas Pollutant Discharge Elimination
System (TPDES) Permit Number 13021-001, Regulated Entity Number RN102080025;
LOCATION: near Houston, Fort Bend County, Texas; TYPE OF FACILITY: domestic
wastewater system; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number
13021-001, and the Code, §26.121(a), by failing to comply with permitted
effluent limits; PENALTY: $4,480; ENFORCEMENT COORDINATOR: Cari Bing, (512)
239-1445; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486,
(713) 767-3500.
(5) COMPANY: Brazos Valley Solid Waste Management Agency; DOCKET NUMBER:
2003- 1586-AIR-E; IDENTIFIER: Air Account Number BM-0233-J, Regulated Entity
Reference Number RN100830090; LOCATION: College Station, Brazos County, Texas;
TYPE OF FACILITY: municipal solid waste landfill; RULE VIOLATED: 30 TAC §122.121
and THSC, §382.054, by failing to obtain a TitleV permit for the Rock
Prairie Road Landfill; and 30 TAC §312.9 and THSC, §361.013, by
failing to pay the waste management sludge haulers fee for Fiscal Year 1998;
PENALTY: $1,000; ENFORCEMENT COORDINATOR: Sheila Smith, (512) 239-1670; REGIONAL
OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.
(6) COMPANY: Crystal Clear Water Supply Corporation; DOCKET NUMBER: 2003-0620-
PWS-E; IDENTIFIER: PWS Identification Number 0940015, Regulated Entity Reference
Number RN101437994; LOCATION: near San Marcos, Guadalupe County, Texas; TYPE
OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.113(f)(4)
and THSC, §341.0315(c), by failing to maintain a maximum level of 0.080
milligrams per liter (mg/L) for total trihalomethane contaminant levels for
the fourth quarter of 2002 and the first quarter of 2003; PENALTY: $1,060;
ENFORCEMENT COORDINATOR: Rick Ciampi, (512) 239-3119; REGIONAL OFFICE: 14250
Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.
(7) COMPANY: Dream Enterprises, Inc. dba Barbin's Super Store ; DOCKET
NUMBER: 2003-0281-PST-E; IDENTIFIER: PST Facility Identification Number 0044911;
LOCATION: Needville, Fort Bend County, Texas; TYPE OF FACILITY: convenience
store with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.50(b)(1)(A)
and the Code, §26.3475(c)(1), by failing to monitor the USTs for releases
at least once per month, not to exceed 35 days between each monitoring; and
30 TAC §334.48(c), by failing to conduct inventory control and reconciliation
for a UST system at a retail facility; PENALTY: $600; ENFORCEMENT COORDINATOR:
Catherine Albrecht, (713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite
H, Houston, Texas 77023- 1486, (713) 767-3500.
(8) COMPANY: Eastern Trust, Ltd dba Hamilton ET; DOCKET NUMBER: 2003-1497-PST-E;
IDENTIFIER: PST Facility Identification Number 74943; LOCATION: Houston, Harris
County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline;
RULE VIOLATED: 30 TAC §334.48(c), by failing to conduct effective manual
or automatic inventory control procedures for the UST system; and 30 TAC §334.50(b)(1)(A),
(d)(1)(B)(ii), and the Code, §26.3475(c)(1), by failing to monitor the
USTs for releases at a frequency of at least once every month, not to exceed
35 days between each monitoring; PENALTY: $6,000; ENFORCEMENT COORDINATOR:
Rebecca Johnson, (713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite
H, Houston, Texas 77023-1486, (713) 767-3500.
(9) COMPANY: Enbridge Energy Company, Inc.; DOCKET NUMBER: 2003-1259-AIR-E;
IDENTIFIER: Air Account Number BE-0028-D; LOCATION: Tuleta, Bee County, Texas;
TYPE OF FACILITY: natural gas processing; RULE VIOLATED: 30 TAC §106.8(c)(1)
and THSC, §382.085(b), by failing to maintain a copy of each permit by
rule and the applicable general conditions or requirements in effect at the
time; 30 TAC §122.145(2)(A), by failing to submit an accurate semi-annual
deviation report for the August 25, 2001 - February 24, 2002 deviation reporting
period; 30 TAC §122.146(5)(D), by failing to submit an accurate annual
compliance certification for the August 25, 2001 - August 24, 2002 annual
compliance certification period; and 30 TAC §122.503(a)(2), by failing
to submit an application for a new authorization due to an ownership change;
PENALTY: $6,750; ENFORCEMENT COORDINATOR: Trina Grieco, (713) 767-3500; REGIONAL
OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas, 78412-5503, (361)
825- 3100.
(10) COMPANY: Environmental Processing Systems, L.C.; DOCKET NUMBER: 2003-1272-
UIC-E; IDENTIFIER: Underground Injection Control (UIC) Permit Number WDW 316;
LOCATION: Dayton, Liberty County, Texas; TYPE OF FACILITY: commercial land
disposal with UIC; RULE VIOLATED: 30 TAC §331.63(b), 40 Code of Federal
Regulations (CFR) §146.67(a), and UIC Permit Number WDW 316, by failing
to operate the injection well under the permitted maximum injection pressure
limit of 1,500 pounds per square inch, and failing to maintain the liner free
of cracks and gaps; and 30 TAC §331.65(b)(1) and §331.67(a), by
failing to report self-monitoring data accurately; PENALTY: $22,680; ENFORCEMENT
COORDINATOR: Rebecca Johnson, (713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue,
Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(11) COMPANY: Eott Energy Pipeline Limited Partnership; DOCKET NUMBER:
2003-1457- AIR-E; IDENTIFIER: Air Account Number CV-0048-K; LOCATION: near
Gainsville, Cooke County, Texas; TYPE OF FACILITY: bulk fuel storage; RULE
VIOLATED: 30 TAC §122.146(1) and (2), by failing to submit the annual
Title V compliance certification for the period of February 10 - December
20, 2002; PENALTY: $2,875; ENFORCEMENT COORDINATOR: Kent Heath, (512) 239-4575;
REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(12) COMPANY: Houston Pipe Line Company; DOCKET NUMBER: 2003-1482-AIR-E;
IDENTIFIER: Air Account Number LK-0044-R, Regulated Entity Identification
Number RN100213131; LOCATION: near George West, Live Oak County, Texas; TYPE
OF FACILITY: gas plant; RULE VIOLATED: 30 TAC §122.146(2) and THSC, §382.085(b),
by failing to submit a Title V annual compliance certification within 30 days
after the end of the June 2, 2002 - June 1, 2003 certification period; PENALTY:
$2,000; ENFORCEMENT COORDINATOR: Tom Jecha, (512) 239-2576; REGIONAL OFFICE:
6300 Ocean Drive, Suite 1200, Corpus Christi, Texas, 78412- 5503, (361) 825-3100.
(13) COMPANY: Knox Oil of Texas, Inc.; DOCKET NUMBER: 2003-0114-MWD-E;
IDENTIFIER: TPDES Permit Number 12945-001 (Expired); LOCATION: Hillsboro,
Hill County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED:
30 TAC §305.42(a), §305.125(1), TPDES Permit Number 12945-001, Permit
Condition Number 4(c), and the Code, §26.121(a), by operating without
a permit; PENALTY: $6,080; ENFORCEMENT COORDINATOR: Pam Campbell, (512) 239-4493;
REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254)
751-0335.
(14) COMPANY: Longhorn Glass Manufacturing, L.P. dba Longhorn Glass Corporation;
DOCKET NUMBER: 2002-1392-AIR-E; IDENTIFIER: Air Account Number HG-0028-R;
LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: glass bottle manufacturing;
RULE VIOLATED: 30 TAC §116.115(b)(2)(G) and (c), Air Permit Number 42623,
Special Condition 1, and THSC, §382.085(b), by failing to operate within
the permitted limit of 53.7 pounds per hour of sulphur dioxide; PENALTY: $7,875;
ENFORCEMENT COORDINATOR: Trina Grieco, (713) 767-3500; REGIONAL OFFICE: 5425
Polk Avenue, Suite H, Houston, Texas 77023- 1486, (713) 767-3500.
(15) COMPANY: Millennium Petrochemicals, Inc. and Linde Gas, Inc.; DOCKET
NUMBER: 2003-1486-IWD-E; IDENTIFIER: TPDES Permit Number 04092; LOCATION:
La Porte, Harris County, Texas; TYPE OF FACILITY: wastewater treatment; RULE
VIOLATED: 30 TAC §305.125(1), TPDES Permit Number 04092, and the Code, §26.121(a),
by failing to meet effluent limits at Outfalls 001, 002, and 201; PENALTY:
$9,480; ENFORCEMENT COORDINATOR: Sherry Smith, (512) 239-0572; REGIONAL OFFICE:
5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(16) COMPANY: City of New London; DOCKET NUMBER: 2003-1341-MWD-E; IDENTIFIER:
TPDES Permit Number 12376-001; LOCATION: New London, Rusk County, Texas; TYPE
OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1),
TPDES Permit Number 12376-001, and the Code, §26.121(a), by failing to
comply with the permitted effluent limits at Outfall 001 for biochemical oxygen
demand (BOD) daily average, total suspended solids (TSS) daily average, and
flow daily average; PENALTY: $1,600; ENFORCEMENT COORDINATOR: Ed Moderow,
(512) 239-2680; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3756,
(903) 535-5100.
(17) COMPANY: Nisseki Chemical Texas Inc.; DOCKET NUMBER: 2003-1466-AIR-E;
IDENTIFIER: Air Account Number HG-3626-Q, Regulated Entity Reference Number
RN102887270; LOCATION: Pasadena, Harris County, Texas; TYPE OF FACILITY: organic
chemical manufacturing; RULE VIOLATED: 30 TAC §101.359 and THSC, §382.085(b),
by failing to submit Form ECT-1, Annual Compliance Report, in a timely manner;
PENALTY: $1,340; ENFORCEMENT COORDINATOR: Todd Huddleson, (512) 239-1105;
REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713)
767-3500.
(18) COMPANY: Occidental Permian, Ltd.; DOCKET NUMBER: 2003-1235-AIR-E;
IDENTIFIER: Air Account Number UB-0058-G, Regulated Entity Reference Number
RN100225737; LOCATION: McCamey, Upton County, Texas; TYPE OF FACILITY: natural
gas compressor station; RULE VIOLATED: 30 TAC §101.20(1), TCEQ General
Operating Permit Number O- 00558, 40 CFR §60.632(a) and §60.482-7(a),
and THSC, §382.085(b), by failing to begin fugitive emissions monitoring
within 180 days after the facility became subject to monitoring requirements;
and 30 TAC §122.145(2) and THSC, §382.085(b), by failing to submit
deviation reports for five reporting periods after permit issuance for the
time intervals of February 19, 2000 - August 18, 2002; PENALTY: $11,700; ENFORCEMENT
COORDINATOR: Suzanne Walrath, (512) 239-2134; REGIONAL OFFICE: 3300 North
A Street, Building 4, Suite 107, Midland, Texas 79705-5404, (915) 570-1359.
(19) COMPANY: City of Pearsall; DOCKET NUMBER: 2003-0377-MWD-E; IDENTIFIER:
TPDES Permit Number 10360-001; LOCATION: Pearsall, Frio County, Texas; TYPE
OF FACILITY: domestic wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1),
TPDES Permit Number 10360-001, and the Code, §26.121(a), by failing to
comply with permitted limits at Outfall 001; PENALTY: $3,920; ENFORCEMENT
COORDINATOR: Todd Huddleson, (512) 239-1105; REGIONAL OFFICE: 14250 Judson
Road, San Antonio, Texas 78233-4480, (210) 490- 3096.
(20) COMPANY: Peebles Lumber Company, LLC; DOCKET NUMBER: 2003-1504-AIR-E;
IDENTIFIER: Regulated Entity Reference Number RN102941200; LOCATION: near
Ore City, Marion County, Texas; TYPE OF FACILITY: sawmill; RULE VIOLATED:
30 TAC §116.110(a) and THSC, §382.085(b), by failing to obtain a
permit or permit by rule for drying kiln operations; PENALTY: $10,400; ENFORCEMENT
COORDINATOR: Sushil Modak, (512) 239-2142; REGIONAL OFFICE: 2916 Teague Drive,
Tyler, Texas 75701-3756, (903) 535- 5100.
(21) COMPANY: Penreco; DOCKET NUMBER: 2003-1493-AIR-E; IDENTIFIER: Regulated
Entity Reference Number RN100221282, Air Account Number GB-0054-T; LOCATION:
Dickinson, Galveston County, Texas; TYPE OF FACILITY: mineral oil production;
RULE VIOLATED: 30 TAC §101.360(a) and THSC, §382.085(b), by failing
to submit their Level of Activity Certification, Form ECT-3, in a timely manner;
PENALTY: $2,520; ENFORCEMENT COORDINATOR: Brandon Smith, (512) 239-4471; REGIONAL
OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(22) COMPANY: Ponderosa Pine Energy Partners, Ltd.; DOCKET NUMBER: 2003-1535-
AIR-E; IDENTIFIER: Air Account Number JH0230L; LOCATION: Cleburne, Johnson
County, Texas; TYPE OF FACILITY: electric generating plant; RULE VIOLATED:
30 TAC §122.146(1) and (2), by failing to certify compliance with the
terms and conditions of the operating permit within 30 days following the
end of the 12-month reporting period of March 18, 2002 - March 17, 2003; PENALTY:
$1,600; ENFORCEMENT COORDINATOR: Keith Fleming, (512) 239-0560; REGIONAL OFFICE:
2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588- 5800.
(23) COMPANY: City of Port Arthur; DOCKET NUMBER: 2003-0271-MWD-E; IDENTIFIER:
TPDES Permit Numbers 10364-001 and 10364-002; LOCATION: Port Arthur, Jefferson
County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §315.1,
TPDES Permit Numbers 10364-001 and 10364-002, and 40 CFR §403.5(c)(1)
and (3) and §403.8(f)(4), by failing to submit, within 12 months of TPDES
permit issuance at the Main and Port Acres Plants, a technical evaluation
revising the technically-based local limits to attain surface water quality
standards in waters in the state, a draft sewer use ordinance which incorporates
such revisions, and any additional modifications necessary to the pretreatment
program; 30 TAC §305.125(1), TPDES Permit Number 10364-001, and the Code, §26.121(a),
by failing to meet effluent requirements during the months of April and November
2002 at the Main Plant; and TPDES Permit Number 10364-002, by failing to meet
effluent requirements during the months of March, November, and December 2002
at the Port Acres Plant; PENALTY: $19,500; ENFORCEMENT COORDINATOR: Sherry
Smith, (512) 239-0572; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas
77703-1892, (409) 898-3838.
(24) COMPANY: William Marsh Rice University; DOCKET NUMBER: 2003-1542-AIR-E;
IDENTIFIER: Air Account Number HG1149U; LOCATION: Houston, Harris County,
Texas; TYPE OF FACILITY: university with generators and boilers; RULE VIOLATED:
30 TAC §122.146(2) and §122.143(4), Federal Operating Permit Number
O-01806, and THSC, §382.085(b), by failing to submit an annual compliance
certification within 30 days after the end of the July 18, 2001 - July 17,
2002 certification period; and 30 TAC §122.145(2)(A), by failing to submit
a deviation report within 30 days after the end of the July 18, 2002 - January
17, 2003 deviation reporting period; PENALTY: $1,920; ENFORCEMENT COORDINATOR:
Trina Grieco, (713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite H,
Houston, Texas 77023-1486, (713) 767-3500.
(25) COMPANY: Rockett Special Utility District; DOCKET NUMBER: 2003-0690-WR-E;
IDENTIFIER: PWS Number 0700033; LOCATION: Red Oak, Ellis County, Texas; TYPE
OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §288.30(4), by
failing to submit the required drought contingency plan meeting the minimum
requirements for use by a wholesale public water supplier; PENALTY: $1,313;
ENFORCEMENT COORDINATOR: Audra Baumgartner, (361) 825-3100; REGIONAL OFFICE:
2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(26) COMPANY: Sabre Communications Corporation dba Sabre Tubular Structures;
DOCKET NUMBER: 2003-1447-AIR-E; IDENTIFIER: Air Account Number TA0496G; LOCATION:
Fort Worth, Tarrant County, Texas; TYPE OF FACILITY: manufacturing metal conduit
for cellular communication; RULE VIOLATED: 30 TAC §122.146(1) and (2)
and Federal Operating Permit Number O-02094, by failing to submit Title V
permit compliance certification within 30 days following the end of the 12-month
reporting period; and 30 TAC §122.145(2)(B), by failing to submit a semi-annual
Title V deviation report for the deviations from the operating permit following
the end of the six-month deviation reporting period; PENALTY: $2,625; ENFORCEMENT
COORDINATOR: Chris Friesenhahn, (210) 490-3096; REGIONAL OFFICE: 2301 Gravel
Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(27) COMPANY: Scenic Point Northview, Inc.; DOCKET NUMBER: 2002-1018-MWD-E;
IDENTIFIER: TPDES Permit Number 14173-001; LOCATION: near Graford, Palo Pinto
County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §319.4
and §305.125(1) and TPDES Permit Number 14173-001, by failing to monitor
effluent parameters, and failing to submit discharge monitoring reports; 30
TAC §325.4(d)(2), by failing to maintain a "C" licensed chief wastewater
operator on staff as required for an activated sludge plant; 30 TAC §317.4(a)(5),
by failing to have auxiliary power; and 30 TAC §305.53 and §220.21
and the Code, §26.0291(b), by failing to pay 2003 consolidated water
quality assessment fee and late fee; PENALTY: $600; ENFORCEMENT COORDINATOR:
Laurie Eaves, (512) 239-4495; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth,
Texas 76118-6951, (817) 588-5800.
(28) COMPANY: City of Tenaha; DOCKET NUMBER: 2003-1327-MWD-E; IDENTIFIER:
TPDES Permit Number 10818-001; LOCATION: near Tenaha, Shelby County, Texas;
TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1),
TPDES Permit Number 10818-001, and the Code, §26.121(a), by failing to
comply with permit limit for TSS daily average of 90 mg/L at Outfall 001A
for the monthly monitoring periods ending August 31, 2001 and September 30,
2001, failing to comply with a pH permit maximum effluent limit of 9.0 standard
units at Outfall 001A for the August 2001 monitoring period, and failing to
comply with the permit limit for carbonaceous BOD five-day average of 30 mg/L
at Outfall 001A for the monthly monitoring period ending May 31, 2003; PENALTY:
$1,600; ENFORCEMENT COORDINATOR: John Barry, (409) 898-3838; REGIONAL OFFICE:
3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.
(29) COMPANY: TM Chemicals, L.L.C.; DOCKET NUMBER: 2003-1487-AIR-E; IDENTIFIER:
Regulated Entity Reference Number RN102844271, Air Account Number HG3043A;
LOCATION: Deer Park, Harris County, Texas; TYPE OF FACILITY: toll processing;
RULE VIOLATED: 30 TAC §101.359 and THSC, §382.085(b), by failing
to submit Form ECT-1, Annual Compliance Report, in a timely manner; PENALTY:
$800; ENFORCEMENT COORDINATOR: Erika Fair, (512) 239-6673; REGIONAL OFFICE:
5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(30) COMPANY: Try Transportation, Inc.; DOCKET NUMBER: 2003-1147-PST-E;
IDENTIFIER: Regulated Entity Identification Number RN100669217; LOCATION:
El Paso, El Paso County, Texas; TYPE OF FACILITY: fuel distribution; RULE
VIOLATED: 30 TAC §334.5(b)(1)(A), by failing to ensure that no common
carrier shall deposit any regulated substance into a UST system unless he
observes that the owner or operator has a valid, current delivery certificate;
PENALTY: $976; ENFORCEMENT COORDINATOR: Rick Ciampi, (512) 239-3119; REGIONAL
OFFICE: 401 East Franklin Avenue, Suite 560, El Paso, Texas 79901-1206, (915)
834-4949.
(31) COMPANY: Wedgewood Hospitality, Inc. dba USA RV 2; DOCKET NUMBER:
2003- 1255-PWS-E; IDENTIFIER: PWS Identification Number 0790415; LOCATION:
Guy, Fort Bend County, Texas; TYPE OF FACILITY: recreational vehicle park;
RULE VIOLATED: 30 TAC §290.109(c)(2) and (g)(4) and THSC, §341.033(d),
by failing to take and submit bacteriological samples for analysis for the
months of April - July 2003, and failing to notify the public of sampling
deficiencies; PENALTY: $1,250; ENFORCEMENT COORDINATOR: Walter Lassen, (512)
239-0513; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486,
(713) 767-3500.
TRD-200402189
Paul C. Sarahan
Director, Litigation Division
Texas Commission on Environmental Quality
Filed: March 30, 2004
List of Late Filers
Listed below are the names of filers from the Texas Ethics Commission who
did not file reports, or failed to pay penalty fines for late reports in reference
to the listed filing deadline. If you have any questions, you may contact
Robbie Miller at (512) 463-5780 or (800) 325-8506.
Deadline: Lobby Activities Report due September
10, 2003
Stephen L. Sanders, 1701 Directors Blvd., Ste. 250, Austin, Texas 78744
Jennifer N. Stevens, 4400 South Monaco St., Denver, Colorado 80237
Deadline: Lobby Activities Report due October 10,
2003
Jennifer N. Stevens, 4400 South Monaco St., Denver, Colorado 80237
Kym Nicole Olsen (Hricik), Four Greenway Plaza, Houston, Texas 77046
Melodie Stegall, 12208 N. Mopac Expressway, Austin, Texas 78758
Deadline: Lobby Activities Report due November 10,
2003
Jennifer N. Stevens, 4400 South Monaco St., Denver, Colorado 80237
Darryl B. Carter, 1301 Travis, Ste. 300, Houston, Texas 77002
Stacy Schmitt, P.O. Box 7852, Waco, Texas 76714-7852
Deadline: Lobby Activities Report due December 10,
2003
Jennifer N. Stevens, 4400 South Monaco St., Denver, Colorado 80237
Darryl B. Carter, 1301 Travis, Ste. 300, Houston, Texas 77002
Mark Seale, 1108 Lavaca, Ste. 400, Austin, Texas 78701
Deadline: Lobby Activities Report due January 12,
2004
Urban F. O'Brien III, 2000 Post Oak Blvd., Ste. 100, Houston, Texas 77056-4497
Pamela R. Beachley, 906 Rio Grande St., Austin, Texas 78701
Edward G. Fiesinger, P.O. Box 711, Alvin, Texas 77512
Alan R. Erwin, 400 W. 15th St., Ste. 804, Austin, Texas 78701
Mack Wallace, 98 San Jacinto Blvd., Ste. 900, Austin, Texas 78701
L. Dean Cobb, 221 West 6th St., Ste. 150, Austin, Texas 78701
Terri Seales, 1122 Colorado St., Ste. 208, Austin, Texas 78701
Jacob C. Fuller, 4314 N. Central Expy., Dallas, Texas 78206
Hugo Berlanga, 919 Congress Ave., Ste. 750, Austin, Texas 78701
Sheryl T. Dacso, Law Offices of Dacso & Associates, 1827 Norfolk St.,
Houston, Texas 77098
Nancy M. Molleda, Capital Consultants, 1122 Colorado St., Ste. 307, Austin,
Texas 78701
Melinda Wheatley, 208 Westhaven Dr., Austin, Texas 78746-4443
Carlos A. Truan, Jr., 1005 Congress Ave., Ste. 350, Austin, Texas 78701
Darryl B. Carter, 1301 Travis, Ste. 300, Houston, Texas 77002
Omniah Z. Ebeid, 1821 Rutherford Lane, Ste. 400, Austin, Texas 78754-5128
Michael L. McCormick, 98 San Jacinto Blvd., Ste. 900, Austin, Texas 78701
Thomas R. Kowalski, 815 Brazos St., Ste. 310, Austin, Texas 78701
William E. Driscoll, TXU Business Services, 1601 Bryan St., Dallas, Texas
75201
Mimi Nash, 3000 Waterview Parkway, Richardson, Texas 75080-1400
Anthony Haley, 815 Brazos St., Ste. 200, Austin, Texas 78701
Rebecca Waldrop, 12200 Grimsley Dr., Austin, Texas 78759
Patrick O. Smith, 100 Congress Ave., Ste. 1300, Austin, Texas 78701-2744
John P. Connolly, 2700 W. 15th St., Plano, Texas 75075-7524
Jim Terrell, 1220 Colorado St., Ste. 100, Austin, Texas 78701-1851
Melinda Little, 12335 Kingsride Lane, Ste. 159, Houston, Texas 77024-4116
Jerry H. Apodaca, 1477 Miracerros Loop N., Santa Fe, New Mexico 87505-4021
Jennifer N. Stevens, 4400 South Monaco St., Denver, Colorado 80237
Carter Headrick, 10107 Talleyran Dr., Austin, Texas 78750-3834
Jean Bruney Alford, 5959 Las Colinas Blvd., Irving, Texas 75039
Steven C. Ray, 223 Elm Forest, Cedar Creek, Texas 78612
Albert Black, 409 W. 13th St., Austin, Texas 78701
Todd M. Smith, 2204 Hazeltine Lane, Austin, Texas 78747
Omega Gamboa, 8723 Turning Leaf, Pair Oaks Ranch, Texas 78015-6517
Normal Scott Jones, 5949 Sherry Lane, Ste. 1800, Dallas, Texas 75225
TRD-200402119
Karen Lundquist
Executive Director
Texas Ethics Commission
Filed: March 24, 2004
Correction of Error
The Texas Department of Health proposed new rule 25 TAC §289.301 in
the March 26, 2004, issue of the
Texas Register.
Due to errors in the document the agency submitted, subsections (d)(12)
and (d)(32) of §289.301 were published incorrectly.
On page 3156, second column, a question mark appears in place of the symbol ≥
in subsection (d)(12). The text should read as follows:
(12) Continuous wave--The output of a laser that is operated in a
continuous rather than a pulsed mode. In this section, a laser operating with
a continuous output for a period of ≥0.25 seconds is regarded as a continuous
wave laser.
On page 3157, first column, parts of the equation in the last line of subsection
(d)(32) were subscripted in error. The text should read as follows:
(32) Optical density (D
λ
)--The
logarithm to the base ten of the reciprocal of the transmittance. D
λ
= -log
10
τ
λ
, where τ
λ
is transmittance.
TRD-200402234
The Texas Department of Health adopted new rules 25 TAC §§97.61
- 97.72 in the March 26, 2004, issue of the
Texas
Register
(29 TexReg 3188). The rules took effect April 1, 2004.
The following comment and agency response were inadvertently omitted from
the preamble to the rule adoption notice:
Comment: At the suggestion of the Board of Health, geographical data will
be collected from the affidavit requests received by the Bureau of Immunization
and Pharmacy Support. Geographical data will be collected for public health
purposes.
Response: The department agrees. Non-identifiable geographical data will
be collected from the affidavit requests for public health purposes.
TRD-200402236
Public Notice Statement
The Health and Human Services Commission (HHSC) announces its intent to
submit to the Centers for Medicare and Medicaid Services TN# 04-09, Amendment
668 to the Texas State Plan for Medical Assistance under Title XIX of the
Social Security Act, effective April 10, 2004.
This amendment adds a statewide disease management program for categorically
needy eligible persons who have one or more of the following diseases and
who receive medical services through the Medicaid fee-for-service system:
congestive heart failure (CHF); asthma; diabetes, chronic obstructive pulmonary
disease (COPD); and coronary artery Disease (CAD).
To obtain copies of the proposed amendment, interested parties may contact
Winnie Rutledge, at winnie.rutledge@hhsc.state.tx.us or by telephone (512)
491-1320.
TRD-200402153
Steve Aragón
General Counsel
Texas Health and Human Services Commission
Filed: March 26, 2004
Public Meeting Notice
Public Meetings on the Draft 2025 Regional Transportation
Plan
Tuesday, April 6, 2004, 6 p.m. - 8 p.m.
Friendswood City Hall
910 South Friendswood Drive
Friendswood, Texas 77456
Thursday, April 8, 2004, 6 p.m. - 8 p.m.
Conroe City Hall
300 West Davis
Conroe, Texas 77301
Tuesday, April 13, 2004, 6 p.m. - 8 p.m.
Houston-Galveston Area Council
3555 Timmons Lane, 2nd Floor, Conference Room A
Houston, Texas 77027
Wednesday, April 14, 2004, 6 p.m. - 8 p.m.
Sugar Land City Hall
10405 Corporate Drive
Sugar Land, Texas 77478
Tuesday, April 20, 2004, 6 p.m. - 8 p.m.
Lake Jackson Civic Center
333 Highway 332 East
Lake Jackson, Texas 77566
The Houston-Galveston Area Council (H-GAC) is hosting a series of public
meetings on the Draft 2025 Regional Transportation Plan (RTP). The 2025 RTP
provides a framework for identifying transportation priorities and major transportation
challenges, such as regional mobility, air quality and safety. The public
is encouraged to attend this important meeting and provide comments to H-GAC
on the draft plan.
The public comment period on the Draft 2025 RTP began
Friday, March 19, 2004
. Comments must be received by H-GAC no later
than
5 p.m., Tuesday, May 4, 2004
. Copies of
the Draft 2025 RTP are available on H-GAC's Transportation Web site,
In compliance with the Americans with Disabilities Act, H-GAC will provide
for reasonable accommodations for persons with disabilities attending H-GAC
functions. Requests should be received by H-GAC 24 hours prior to the function.
Call Kim Green at (713) 993-4577 to make arrangements.
TRD-200402196
Alan Clark
MPO Director
Houston-Galveston Area Council
Filed: March 31, 2004
Third Party Administrator Applications
The following third party administrator (TPA) applications have been filed
with the Texas Department of Insurance and are under consideration.
Application for admission to Texas of CYPRESS DENTAL ADMINISTRATORS, a
foreign third party administrator. The home office is STOCKTON, CALIFORNIA.
Application for incorporation in Texas of FIRST CARDINAL OF TEXAS LTD.,
a domestic third party administrator. The home office is IRVING, TEXAS.
Application for incorporation in Texas of REBECCA LYNN IBISON (using the
assumed name TRUE BENEFITS ADMINISTRATORS), a domestic third party administrator.
The home office is FLOWER MOUND, TEXAS.
Any objections must be filed within 20 days after this notice was filed
with the Secretary of State, addressed to the attention of Matt Ray, MC 107-1A,
333 Guadalupe, Austin, Texas 78701.
TRD-200402233
Gene C. Jarmon
General Counsel and Chief Clerk
Texas Department of Insurance
Filed: March 31, 2004
Notice of Administrative Hearing
Wednesday, April 21, 2004, 1:00 p.m.
State Office of Administrative Hearings, William P. Clements Building,
300 West 15th Street, 4th Floor
Austin, Texas
AGENDA
Administrative Hearing before an administrative law judge of the State
Office of Administrative Hearings in the matter of the complaint of the Manufactured
Housing Division of the Texas Department of Housing and Community Affairs
and Donald Wayne Rogers dba Palm Lakes to hear alleged violations of Sections
1201.255, 1201.303(b), 1201.357(a), 1201.358, 1201.354, and 1201.356 of the
Act and Sections 80.54(a), 80.131(b), and 80.132(3) of the Administrative
Rules by not properly installing a manufactured home, by not complying with
initial report and warranty orders of the Director, and by not providing this
Department with copies of completed work orders in a timely manner. SOAH 332-04-4326.
Department MHD2004000555-I.
Contact: Jim R. Hicks, P.O. Box 12489, Austin, Texas 78711-2489, (512)
475-3589, jhicks@tdhca.state.tx.us
TRD-200402151
Timothy K. Irvine
Executive Director
Manufactured Housing Division
Filed: March 26, 2004
Notice of Application for Amendment to Certificated Service Area Boundary
Notice is given to the public of an application filed on March 24, 2004,
with the Public Utility Commission of Texas, for service area amendment to
a certificated service area boundary.
Docket Style and Number: Application of Guadalupe Valley Telephone Cooperative,
Inc. (GVTC) for a Service Area Amendment to a Certificate of Convenience and
Necessity. Docket Number 29510.
The Application: GVTC seeks to amend the serving area boundary of its Bulverde
Exchange and Southwestern Bell Telephone, L.P. d/b/a SBC Texas' (SBC) New
Braunfels Exchange. The proposed amendment will realign the boundaries between
GVTC and SBC's service areas to allow GVTC to serve all the residential customers
in the Rockwall Ranch subdivision. There are no existing customers in this
area.
Persons wishing to comment on the action sought or intervene should contact
the Public Utility Commission of Texas by April 19, 2004, by mail at P. O.
Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll-free
at 1-888-782-8477. Hearing and speech- impaired individuals with text telephone
(TTY) may contact the commission at (512) 936-7136 or use Relay Texas (toll-free)
1-800-735-2989. All comments should reference Docket Number 29510.
TRD-200402193
Adriana Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: March 30, 2004
Notice is given to the public of the filing with the Public Utility Commission
of Texas of an application on March 22, 2004, for a certificate of operating
authority (COA), pursuant to Public Utility Regulatory Act (PURA) §§54.101
- 54.105. A summary of the application follows.
Docket Title and Number: Application of EZ Phone, Incorporated for a Certificate
of Operating Authority, Docket Number 29497 before the Public Utility Commission
of Texas.
Applicant intends to provide plain old telephone service.
Applicant's requested COA geographic area includes the area of Texas currently
served by all Local Access and Transport Areas (LATAs).
Persons who wish to comment upon the action sought should contact the Public
Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326,
or by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than
April 14, 2004. 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 29497.
TRD-200402124
Adriana Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: March 25, 2004
On March 23, 2004, American Lightwave Communications, Incorporated filed
an application with the Public Utility Commission of Texas (commission) to
relinquish its service provider certificate of operating authority (SPCOA)
granted in SPCOA Certificate Number 60377. Applicant intends to relinquish
its certificate.
The Application: Application of American Lightwave Communications, Incorporated
to Relinquish its Service Provider Certificate of Operating Authority, Docket
Number 29504.
Persons wishing to comment on the action sought should contact the Public
Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas, 78711-3326,
or by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than
April 14, 2004. 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 29504.
TRD-200402125
Adriana Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: March 25, 2004
Notice is given to the public of the filing with the Public Utility Commission
of Texas of an application on March 22, 2004, for a service provider certificate
of operating authority (SPCOA), pursuant to Public Utility Regulatory Act
(PURA) §§54.151 - 54.156. A summary of the application follows.
Docket Title and Number: Application of QPQ Marketing, Incorporated for
a Service Provider Certificate of Operating Authority, Docket Number 29489
before the Public Utility Commission of Texas.
Applicant intends to provide plain old telephone service, and long distance
services.
Applicant's requested SPCOA geographic area includes the area of Texas
currently served by all incumbent local exchange companies.
Persons who wish to comment upon the action sought should contact the Public
Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326,
or by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than
April 14, 2004. Hearing and speech- impaired individuals with text telephone
(TTY) may contact the commission at (512) 936-7136 or toll free at 1-800-735-2989.
All comments should reference Docket Number 29489.
TRD-200402123
Adriana Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: March 25, 2004
Notice is given to the public of the filing with the Public Utility Commission
of Texas of an application on March 24, 2004, for a service provider certificate
of operating authority (SPCOA), pursuant to Public Utility Regulatory Act
(PURA) §§54.151 - 54.156. A summary of the application follows.
Docket Title and Number: Application of McGraw Communications, Inc. for
a Service Provider Certificate of Operating Authority, Docket Number 29509
before the Public Utility Commission of Texas.
Applicant intends to provide plain old telephone service, ADSL, ISDN, HDSL,
SDSL, RADSL, VDSL, Optical Services, T1-Private Line, Switch 56 KBPS, Frame
Relay, Fractional T1, long distance, and wireless services.
Applicant's requested SPCOA geographic area includes the area of Texas
currently served by SBC - Texas, Verizon Southwest, United Telephone Company
of Texas, Incorporated, and Central Telephone Company of Texas, doing business
as Sprint.
Persons who wish to comment upon the action sought should contact the Public
Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326,
or by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than
April 14, 2004. Hearing and speech- impaired individuals with text telephone
(TTY) may contact the commission at (512) 936-7136 or toll free at 1-800-735-2989.
All comments should reference Docket Number 29509.
TRD-200402150
Adriana Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: March 26, 2004
The staff of the Public Utility Commission of Texas (commission) has cancelled
the workshop regarding modifying the definition of the term "access line,"
pursuant to Local Government Code §283.003, initially scheduled to occur
on Tuesday, April 13, 2004, at 9:30 a.m. at the commission’s offices.
Notice with questions was published in the March 5, 2004, issue of the
Questions concerning this notice should be referred to Mark Gladney, Staff
Attorney, Legal and Enforcement Division, (512) 936-7297, mark.gladney@puc.state.tx.us.
Hearing and speech-impaired individuals with text telephones (TTY) may contact
the commission at (512) 936-7136.
TRD-200402191
Adriana Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: March 30, 2004
Adoption of Certain Oil and Gas Forms
The Railroad Commission of Texas has adopted amendments to 16 TAC §3.80,
relating to Commission Forms, Applications and Filing Requirements, as published
in this issue of the Texas Register. The amendments
were proposed in the December 26, 2003, issue of the
Texas Register
(28 TexReg 11685) and add language concerning electronic
filings with the Commission, require rulemaking for adoption or revision of
forms, and incorporate a list of current forms and their creation or last
revision dates. The Commission received two comments on the proposed amendments
and/or forms; the comments are discussed in the adoption preamble for §3.80,
which is adopted with some changes from the proposed version.
The forms included in this project are:
(1) Form H-1, Application to Inject Fluid into a Reservoir Productive of
Oil or Gas;
(2) Instructions for Form H-1;
(3) Form H-1A, Injection Well Data;
(4) Form H-1A Instructions;
(5) Form W-14, Application to Dispose of Oil and Gas Waste by Injection
into a Formation Not Productive of Oil and Gas;
(6) Form W-14 Instructions;
(7) Form W-1, Application for Permit to Drill, Recomplete or Re-Enter;
(8) Form W-1 Instructions;
(9) Form W-1D, Supplemental Directional Well Information;
(10) Form W-1H, Supplemental Horizontal Well Information;
(11) Form PR, Monthly Production Report; and
(12) Form PR Instructions.
Form H-1 (.pdf)
Form H-1 Instructions (.pdf)
Form H-1A (.pdf)
Form H-1A Instructions (.pdf)
Form W-14 (.pdf)
Form W-14 Instructions (.pdf)
Form W-1 (.pdf)
Form W-1 Instructions (.pdf)
Form W-1D (.pdf)
Form 1-1H (.pdf)
Form PR (.pdf)
Form PR Instructions (.pdf)
For further information on §3.80 or the accompanying forms, call Ms.
Leslie Savage at (512) 463-7308.
TRD-200402122
Mary Ross McDonald
Managing Director
Railroad Commission of Texas
Filed: March 25, 2004
Notice of Application for Change of Control of a Savings Bank
Notice is hereby given that on March 10, 2004, an application was filed
with the Savings and Loan Commissioner of Texas for a change of control of
a state savings bank, Heritage Bank, SSB, Terrell, Texas, by HGroup Acquisition,
Inc., Dallas, Texas, including James D. Dondero, Mark K. Okada (and certain
entities controlled by Messrs. Dondero and Okada).
This application is filed pursuant to 7 TAC §§75.121-127 of the
Rules and Regulations Applicable to Texas Savings Banks. These Rules are on
file with the Secretary of state, Texas register Division, or may be seen
at the Department's offices in the Finance Commission Building, 2601 North
Lamar, Suite 201, Austin, Texas 78705.
Issued this 31st Day of March 2004, at Austin, Travis County, Texas.
Danny Payne, Commissioner Texas Savings and Loan Department
TRD-200402231
John Fleming
General Counsel
Texas Savings and Loan Department
Filed: March 31, 2004
Request for Proposals for Executive Search Firm
The Texas State University System is requesting proposals from executive
search firms to assist the Board of Regents in identifying candidates to serve
as the next chancellor of The Texas State University System, the third largest
higher education system in Texas with over 66,000 students at nine component
locations. The current chancellor, Mr. Lamar Urbanovsky, has requested an
opportunity to focus in the planning and construction area after serving as
chancellor for 25 years and being with the system for 31 years.
Proposal Requirements:
A. Ten copies of the proposal are to be submitted no later than 12:00 noon
on Friday, April 23, 2004, to:
Chancellor Lamar Urbanovsky
The Texas State University System
200 E. 10th Street, Suite 600
Austin, TX 78701-2407
(512) 463-1808
B. The proposal should include the following information:
1. List of all principals in the firm and where they are based.
2. Number of years the firm has been providing this type of service.
3. List of organizations for which the firm has provided this type of service
in the last five years, including contact persons.
4. Number of current active searches and the states where the searches
are based.
5. A brief description of the methodology for providing these services.
6. The resumes of all individuals who will be coordinating the efforts.
7. The fees for providing the services requested and an estimate of the
direct expenses involved for providing these services not included in the
quoted fees.
8. List of other costs that could possibly result from the effort not included
in Item 7 above.
9. The proposals should be submitted on an 8.5 x 11 sheet format, with
all pages sequentially numbered and either stapled or bound.
C. Services requested:
1. Assist the Board of Regents and/or selection committee in identifying
three to five of the best candidates from which the Board may select a system
chancellor.
2. Assist the Board of Regents and/or selection committee in developing
appropriate advertisements and correspondence to maximize a quality applicant
pool. The consultant should provide any other services necessary, beyond
the above stated efforts, to enhance the applicant pool in order that the
best five candidates can be identified.
3. In identifying the three to five candidates the consultant will be responsible
for background checks as approved by the Board of Regent and/or the selection
committee and will assist in arranging interviews to be conducted in Austin,
Texas.
D. Criteria and Evaluation:
1. In evaluating and selecting the consulting firm, the Board of Regents
will consider past experience in conducting executive searches, the participation
of minorities and women in the process, the expertise of the participants
and the reasonableness of the fees. Interviews of the perspective consultant
firms may be held, but are not planned at this time.
2. The Board of Regents reserves the right to consider all factors it believes
to be relevant in selecting a consultant. The award of the consultant contract
will be based upon the Board's determination of the best overall value to
The Texas State University System.
TRD-200402117
Lamar Urbanovsky
Chancellor
Texas State University System
Filed: March 24, 2004
The Texas State University System is requesting proposals from established
higher education consulting firms to provide a comparative analysis of the
system's current governance structure to other system governance models. Elements
to be considered, but not limited to, should include organizational structures,
services provided by the system, staffing levels and cost of operations. The
Texas State University System was established in 1911 and today is the third
largest higher education system in Texas with an enrollment of more than 66,000
students at nine component locations.
Proposal Requirements:
A. Twenty-five copies of the proposal are to be submitted no later than
12:00 noon on Friday, April 23, 2004, to:
Chancellor Lamar Urbanovsky
The Texas State University System
200 E. 10th Street, Suite 600
Austin, TX 78701-2407
(512) 463-1808
B. The proposal should include the following information:
1. List of all principals in the firm and where they are based.
2. Number of years the firm has been providing this type of service.
3. List of organizations for which the firm has provided this type of service
in the last five years, including contact persons.
4. Current activities and the states where they are based.
5. A brief description of the process and time line for providing these
services.
6. The resumes of all individuals who will be coordinating the efforts.
7. The fees for providing the services requested and an estimate of the
direct expenses involved for providing these services not included in the
quoted fees.
8. List of other costs that could possibly result from the effort not included
in Item 7 above.
9. The proposals should be submitted on an 8.5 x 11 inch format, with all
pages sequentially numbered and either stapled or bound.
C. Services requested:
1. The Texas State University System currently operates under a parallel
chancellor- president (decentralized) form of governance with eight component
presidents and the chancellor reporting directly to the Board of Regents.
The Board of Regents seeks a comparative assessment of the system operations
under the current structure of governance with others available. The final
report submitted to the Board should include for each type of governance
model a comprehensive organizational analysis along with suitable staffing
levels and realistic budgets. The final report should conclude with a recommendation
for an appropriate governance structure to provide the best operations and
efficiencies for The Texas State University System.
2. Twenty-five copies of the final report (bound in an 8.5 x 11 inch format)
will be required as the final work product.
3. Attendance at a Board of Regents meeting to explain and respond to regent
and university administrator questions concerning the final report.
D. Criteria and Evaluation:
1. In evaluating and selecting the consulting firm, the Board of Regents
will consider past experience in providing higher education consulting services
of this nature, the participation of minorities and women in the process,
the expertise of the participants and the reasonableness of the fees. Interviews
of the perspective consultant firms may be held, but are not planned at this
time.
2. The Board of Regents reserves the right to consider all factors it believes
to be relevant in selecting a consultant. The award of the consultant contract
will be based upon the Board's determination of the best overall value to
the system.
TRD-200402118
Lamar Urbanovsky
Chancellor
Texas State University System
Filed: March 24, 2004
Request for Proposal for Aviation Engineering Services
The City of Uvalde, through its agent, the Texas Department of Transportation
(TxDOT), intends to engage an aviation professional engineering firm for services
pursuant to Government Code, Chapter 2254, Subchapter A. TxDOT, Aviation Division,
will solicit and receive proposals for professional aviation engineering design
services described in this notice.
Airport Sponsor: City of Uvalde, Garner Field. TxDOT CSJ No.:0315UVALE
Scope: Provide engineering/design services to improve grading and drainage
on east side of airport at the Garner Field Airport.
The DBE goal is set at 6%. TxDOT Project Manager is John Greer, P.E.
To assist in your proposal preparation the most recent Airport Layout Plan
and 5010 drawing are available online at:
www.dot.state.tx.us/avn/avninfo/notice/consult/index.htm
by selecting "Garner Field"
Interested firms shall utilize the Form AVN-550, entitled "Aviation Engineering
Services Proposal." The form may be requested from TxDOT, Aviation Division,
125 E. 11th Street, Austin, Texas 78701-2483, phone number, 1-800-68-PILOT
(74568). The form may be emailed by request or downloaded from the TxDOT web
site, URL address:
http://www.dot.state.tx.us/avn/avn550.doc
The form may not be altered in any way. All printing must be in black on
white paper, except for the optional illustration page. Firms must carefully
follow the instructions provided on each page of the form. Proposals may not
exceed the number of pages in the proposal format. The proposal format consists
of seven pages of data plus two optional pages consisting of an illustration
page and a proposal summary page. Proposals shall be stapled but not bound
in any other fashion. PROPOSALS WILL NOT BE ACCEPTED IN ANY OTHER FORMAT.
(Attention: To ensure utilization of the latest version of Form 550, firms
are encouraged to download Form 550 from the TxDOT website as addressed above.
Utilization of Form 550 from a previous download may not be the exact same
format. Form 550 is an MS Word Template).
Eight completed, unfolded copies of Form AVN 550 must be postmarked by
U. S. Mail by midnight April 30, 2004 (CDST). Mailing address: TxDOT, Aviation
Division, 125 E. 11th Street, Austin, Texas 78701-2483. Overnight delivery
must be received by 4:00 p.m. (CDST) on May 3, 2004; overnight address: TxDOT,
Aviation Division, 200 E. Riverside Drive, Austin, Texas, 78704. Hand delivery
must be received by 4:00 p.m. May 3, 2004 (CDST); hand delivery address: 150
E. Riverside Drive, 5th Floor, South Tower, Austin, Texas 78704. Electronic
facsimiles or forms sent by email will not be accepted. Please mark the envelope
of the forms to the attention of Edie Stimach.
The consultant selection committee will be composed of local government
members.
The final selection by the sponsor’s committee will generally be
made following the completion of review of proposals. The committee will review
all proposals and rate and rank each. The criteria for evaluating engineering
proposals can be found at:
www.dot.state.tx.us/business/avnconsultinfo.htm
All firms will be notified and the top rated firm will be contacted to
begin fee negotiations. The selection committee does, however, reserve the
right to conduct interviews of the top rated firms if the committee deems
it necessary. In such case, selection will be made following interviews.
If there are any procedural questions, please contact Edie Stimach, Grant
Manager, or John Greer, P.E., Project Manager, for technical questions at
1-800-68-PILOT (74568).
TRD-200402120
Bob Jackson
Deputy General Counsel
Texas Department of Transportation
Filed: March 25, 2004
Coastal Coordination Council
Comptroller of Public Accounts
Concho Valley Workforce Development Board
Office of Consumer Credit Commissioner
Texas Commission on Environmental Quality
Notice of Opportunity to Comment on Settlement Agreements of Administrative Enforcement Actions
Proposed Enforcement Orders
Texas Ethics Commission
Texas Department of Health
Correction of Error
Texas Health and Human Services Commission
Houston-Galveston Area Council
Texas Department of Insurance
Manufactured Housing Division
Public Utility Commission of Texas
Notice of Application for Certificate of Operating Authority
Notice of Application for Relinquishment of a Service Provider Certificate of Operating Authority
Notice of Application for Service Provider Certificate of Operating Authority
Notice of Application for Service Provider Certificate of Operating Authority
Public Notice of Cancellation of Workshop on Project to Address Modification of the Definition of "Access Line" Pursuant to Local Government Code §283.003
Railroad Commission of Texas
Texas Savings and Loan Department
Texas State University System
Request for Proposals for System Governance Study
Texas Department of Transportation
Texas Workers' Compensation Commission