Texas Building and Procurement Commission
Invitation for Bid Notice
TBPC Project No. 04-015-7035
Project Name: Emergency Power Plant Project at the Texas City Area Office,
1325 Amburn Road, Texas City, Texas 77591 for the Texas Department of Public
Safety.
Sealed Bids for this project will be received until 3:00 P.M., June 10,
2004, at the Bid Room, Room 180, 1711 San Jacinto, Austin, Texas 78701. See
the IFB for other delivery choices.
Plans and specifications may be obtained from J.F. Thompson, Inc., 6110
Clarkson Lane, Houston, Texas 77055, Voice: (713) 956-4100, Fax: (713) 956-4121,
Contact: Joe Fix, Architect for a deposit of $50.00, that is refundable upon
return of a complete, unmarked set(s).
A mandatory (must attend and sign in) Pre-Bid Conference will be held at
10:00 A.M., June 3, 2004 at the Texas City Area Office, 1325 Amburn Road,
Texas City, Texas 77591. The TBPC will reject Bids submitted by firms that
did not attend the mandatory Pre-Bid Conference.
The IFB may be obtained by contacting TBPC Internal Procurement, Attention:
Deborah Norwood (Fax: (512) 463-3360)
deborah.norwood@tbpc.state.tx.us
or through the Electronic State Business Daily at:
http://esbd.tbpc.state.tx.us/1380/bid_show.cfm?bidid=53384
.
No oral explanation with regard to the meaning of the Drawings and Specifications
will be made and no oral instructions will be given before the award of the
Contract. Discrepancies, omissions or doubts as to the meaning of Drawings
and Specifications and all communications concerning the project shall be
communicated in writing to the Deborah Norwood via fax at (512) 463-3360 or
via e-mail at
deborah.norwood@tbpc.state.tx.us
for
interpretation. Bidders should act promptly and allow sufficient time for
a reply to reach them before the submission of their Bids. Any interpretation
made will be in the form of an addendum to the Specifications, which will
be forwarded to all known Bidders and its receipt by the Bidder shall be acknowledged
on the Contractor's Bid Form or on the face of the Addendum and returned with
the bid.
TRD-200403577
Cynthia de Roch
General Counsel
Texas Building and Procurement Commission
Filed: May 26, 2004
TBPC Project No. 303-4-11007A
Project Name: Rosenberg Area Office Dehumidification, 5505 Avenue N, Rosenberg,
Texas 77471 for the Department of Public Safety.
Sealed Bids for this project will be received until
3:00 P.M., June 29, 2004, at 4th floor Receptionist, 1711 San Jacinto, Austin,
Texas 78701.
See the Invitation for Bid (IFB) for other delivery choices.
Plans and specifications may be obtained from the A/E, J.F. Thompson, Inc.,
6110 Clarkson Lane, Houston, Texas 77055, (713) 956-4100, for a deposit of
$25.00, refundable upon return of a complete, unmarked set(s).
A Pre-Bid Conference will be held at 5505 Avenue N, Rosenberg, Texas (Report
to security station in lobby), at 10:00 a.m. Thursday, June 10, 2004. Only
bids submitted on the official Contractor's Bid Form found in the project
Manuel will be accepted.
The IFB may be obtained by contacting Texas Building and Procurement Commission
Internal Procurement, Attention: Deborah Norwood (Fax: (512) 463-3360), or
http://esbd.tbpc.state.tx.us/
Then enter the Req. No. "303-4-11007A" in the blank
provided and click FIND.
TRD-200403581
Cynthia de Roch
General Counsel
Texas Building and Procurement Commission
Filed: May 27, 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
and 303.009, Tex. Fin. Code.
The weekly ceiling as prescribed by Sections 303.003 and 303.009 for the
period of 06/07/04 - 06/13/04 is 18% for Consumer
1
/Agricultural/Commercial
The weekly ceiling as prescribed by Sections 303.003 and 303.009 for the
period of 06/07/04 - 06/13/04 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.
TRD-200403656
Leslie L. Pettijohn
Commissioner
Office of Consumer Credit Commissioner
Filed: June 2, 2004
Notice of Request for Proposals for Basic Group Life/AD&D, Short Term Disability, Group Medical, Dental and Prescription Drug Insurance
Notice is given that the East Texas Council of Governments (ETCOG) is soliciting
proposals for basic group life/AD&D, short term disability, group medical,
dental and prescription drug insurance.
Persons or organizations wanting to receive a Request for Proposals (RFP)
package should inquire by letter or fax to East Texas Council of Governments,
3800 Stone Road, Kilgore, Texas 75662, Attention: Linda Morton, Personnel
Manager. The fax number for ETCOG is (903) 983-1440. Questions regarding the
RFP process can be addressed by calling (903) 984-8641. Marketing request
forms can be obtained June 14, 2004, with the Market Assignments made June
15, 2004. The RFP is available on our web site www.etcog.org.
It is anticipated that the deadline for receipt of proposals shall be 5:00
p.m., June 29, 2004.
TRD-200403578
Glynn Knight
Executive Director
East Texas Council of Governments
Filed: May 26, 2004
Notice of District Petition
Notices mailed May 17, 2004 through May 19, 2004.
TCEQ Internal Control No. 04262002-D08; Travis Ranch Development, L.P.,
(Petitioner) filed a petition for creation of Lake Vista Ranch Municipal Utility
District Number 3 (District) with the Texas Commission on Environmental Quality
(TCEQ). The petition was filed pursuant to Article XVI, Section 59 of the
Constitution of the State of Texas; Chapters 49 and 54 of the Texas Water
Code; 30 Texas Administrative Code Chapter 293; and the procedural rules of
the TCEQ. The petition states that: (1) the petitioner is the owner of a majority
in value of the land to be included in the proposed District; (2) that there
are no lienholders on the property to be included in the proposed District;
(3) the proposed District will contain approximately 392.314 acres located
in Kaufman County, Texas; and (4) the proposed District is within the extraterritorial
jurisdiction of the City of Dallas, Texas and is not within such jurisdiction
of any other city. By Resolution No. 04-1049, effective March 24, 2004, the
City of Dallas, Texas, gave its consent to create the District. The petition
further states that the proposed District will (1) purchase, construct, acquire,
provide, maintain, repair, improve, and operate a waterworks and wastewater
system for residential, municipal, industrial and commercial purposes; (2)
construct, acquire, improve, extend, maintain, and operate works, improvements,
facilities, plants, equipment, and appliances helpful or necessary to provide
more adequate drainage for the property in the proposed District; and (3)
control, abate and amend local storm waters or other harmful excesses of water,
as more particularly described in an engineer's report filed simultaneously
with the filing of the petition; and (4) purchase, construct, acquire, improve,
maintain, and operate additional facilities, systems, plants, and enterprises
consistent with the purposes for which the District is created and permitted
under State law. Additionally, the proposed District may (1) purchase, construct,
acquire, provide, operate, maintain, repair, improve, extend and develop park
and recreational facilities; (2) provide a solid waste collection and disposal
system; (3) provide a roadway system; and (4) provide a fire department and
fire-fighting services for the District's inhabitants. According to the petition,
the Petitioner has conducted a preliminary investigation to determine the
cost of the project, and from the information available at this time, the
cost of the project is estimated to be approximately $13,140,000.
TCEQ Internal Control No. 03312004-D03; Robert L. Moody, Transitional Learning
Community at Galveston, and League City Investors, Ltd., (Petitioners) filed
a petition for creation of Galveston County Municipal Utility District No.
45 (District) with the TCEQ. The petition was filed pursuant to Article XVI,
Section 59 of the Constitution of the State of Texas; Chapters 49 and 54 of
the Texas Water Code; 30 Texas Administrative Code Chapter 293; and the procedural
rules of the TCEQ. The petition states the following: (1) the Petitioners
are the owner of a majority in value of the land to be included in the proposed
District; (2) there is one lienholder, Texas State Bank, on the property to
be included in the proposed District, and the before mentioned entity has
consented to the petition; (3) the proposed District will contain approximately
593.48 acres located within Galveston County, Texas; and (4) the proposed
District is within the corporate boundaries of the City of League City, Texas,
and no portion of land within the proposed District is within the corporate
limits or extraterritorial jurisdiction of any other city, town or village
in Texas. The Petitioners have also provided the TCEQ with a certificate evidencing
the consent of Texas State Bank to the creation of the proposed District.
By Resolution No. 2003-29, effective June 10, 2003, the City of League City,
Texas gave its consent to the creation of the proposed District. The petition
further states that the proposed District will: (1) purchase, construct, acquire,
maintain and operate a waterworks and sanitary sewer system for residential
and commercial purposes; (2) construct, acquire, improve, extend, maintain
and operate works, improvements, facilities, plants, equipment and appliances
helpful or necessary to provide more adequate drainage for the property in
the proposed District; and (3) control, abate and amend local storm waters
or other harmful excesses of water, as more particularly described in an engineer's
report filed simultaneously with the filing of the petition. According to
the petition, the Petitioners have conducted a preliminary investigation to
determine the cost of the project, and from the information available at the
time, the cost of the project is estimated to be approximately $28,200,000.
TCEQ Internal Control No. 04192004-D06; Railyard, Ltd., (Petitioner) filed
a petition for creation of Parklands Municipal Utility District No. 1 (District)
with the TCEQ. The petition was filed pursuant to Article XVI, Section 59
of the Constitution of the State of Texas; Chapters 49 and 54 of the Texas
Water Code; 30 Texas Administrative Code Chapter 293; and the procedural rules
of the TCEQ. The petition states that: (1) the Petitioner is the owners of
a majority in value of the land to be included in the proposed District; (2)
there is one lienholder, First State Bank Central Texas, on the property to
be included in the proposed District, and the before mentioned entity has
consented to the petition; (3) the proposed District will contain approximately
542.61 acres located within Hays County, Texas; and (4) no portion of land
within the proposed District is within the corporate limits or extraterritorial
jurisdiction of any city, town or village in Texas. The Petitioner has also
provided the TCEQ with a certificate evidencing the consent of First State
Bank Central Texas to the creation of the proposed District. The petition
further states that the proposed District will: purchase, construct, acquire,
maintain, own and operate water, wastewater and drainage facilities for residential
and commercial purposes. According to the petition, the Petitioner have conducted
a preliminary investigation to determine the cost of the project, and from
the information available at the time, the cost of the project is estimated
to be approximately $13,675,828.
INFORMATION SECTION
The TCEQ may grant a contested case hearing on a petition if a written
hearing request is filed within 30 days after the newspaper publication of
the notice. To request a contested case hearing, you must submit the following:
(1) your name (or for a group or association, an official representative),
mailing address, daytime phone number, and fax number, if any; (2) the name
of the petitioner and the TCEQ Internal Control Number; (3) the statement
"I/we request a contested case hearing;" (4) a brief description of how you
would be affected by the petition in a way not common to the general public;
and (5) the location of your property relative to the proposed district's
boundaries. You may also submit your proposed adjustments to the petition
which would satisfy your concerns. Requests for a contested case hearing must
be submitted in writing to the Office of the Chief Clerk at the address provided
in the information section below.
The Executive Director may approve a petition unless a written request
for a contested case hearing is filed within 30 days after the newspaper publication
of the notice. If a hearing request is filed, the Executive Director will
not approve the petition and will forward the petition and hearing request
to the TCEQ Commissioners for their consideration at a scheduled Commission
meeting. If a contested case hearing is held, it will be a legal proceeding
similar to a civil trial in state district court.
Written hearing requests should be submitted to the Office of the Chief
Clerk, MC 105, TCEQ, P.O. Box 13087, Austin, Texas 78711-3087. For information
concerning the hearing process, please contact the Public Interest Counsel,
MC 103, the same address. For additional information, individual members of
the general public may contact the Office of Public Assistance, at 1-800-687-4040.
General information regarding the TCEQ can be found at our web site at www.tceq.state.tx.us.
TRD-200403573
LaDonna Castañuela
Chief Clerk
Texas Commission on Environmental Quality
Filed: May 26, 2004
The Texas Commission on Environmental Quality (TCEQ or commission) staff
is providing an opportunity for written public comment on the listed Default
Order (DO). 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 of the commission in accordance with
Texas Water Code, §7.075, this notice of the proposed order and the opportunity
to comment is published in the
Texas Register
no
later than the 30th day before the date on which the public comment period
closes, which in this case is
July 12, 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 July 12, 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 DO and/or the comment procedure at the listed phone
numbers; however, comments on the DO should be submitted to the commission
in
writing
.
(1) COMPANY: Sammy's Groceries, Inc. dba Sammy's Groceries No. 1, Sammy's
Groceries No. 2, and Young's Drive In Grocery; DOCKET NUMBER: 2003-1120-PST-E;
TCEQ ID NUMBERS: 31931, 45487, 53751, RN101736866, RN101382919, and RN101433837;
LOCATIONS: Sammy's Groceries No. 1, 13110 Crosby Lynchburg Road; Sammy's Groceries
No. 2, 2801 Market Street, Baytown; and Young's Drive In Grocery, 2105 North
Pruett, Baytown, Harris County, Texas; TYPE OF FACILITY: convenience stores
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 releases arising from the operation of the petroleum
underground storage tanks; PENALTY: $11,320; STAFF ATTORNEY: Sarah Utley,
Litigation Division, MC R-13, (210) 403-4017; REGIONAL OFFICE: Houston Regional
Office, 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767- 3500.
TRD-200403649
Paul C. Sarahan
Director, Litigation Division
Texas Commission on Environmental Quality
Filed: June 1, 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, §7.075. Section 7.075
requires that before the commission may approve the AOs, the commission shall
allow the public an opportunity to submit written comments on the proposed
AOs. Section 7.075 requires that notice of the opportunity to comment must
be published in the
Texas Register
no later
than the 30th day before the date on which the public comment period closes,
which in this case is
July 12, 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 July 12, 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: City of Bartlett; DOCKET NUMBER: 2002-0156-MSW-E; TCEQ ID
NUMBERS: 0370 and RN102003142; LOCATION: 1.5 miles north of Clark Street on
Crawford Road, Bartlett, Bell County, Texas; TYPE OF FACILITY: municipal solid
waste Type I closed landfill; RULES VIOLATED: 30 TAC §330.254(a)(1),
by failing to correct erosion of cover material, lack of vegetative growth,
and leachate migration; PENALTY: $3,750; STAFF ATTORNEY: Gitanjali Yadav,
Litigation Division, MC 175, (512) 239-2029; REGIONAL OFFICE: Waco Regional
Office, 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.
(2) COMPANY: Hidalgo County Irrigation District 5; DOCKET NUMBER: 2003-0510-WR-E;
TCEQ ID NUMBERS: RN101416790 and 4445240; LOCATION: 1015 Johnny Vela, Progreso,
Hidalgo County, Texas; TYPE OF FACILITY: irrigation district; RULES VIOLATED:
30 TAC §288.30(1) and §288.4(a), by failing to submit a water conservation
plan; and 30 TAC §288.30(5) and §288.21(a), by failing to submit
a complete drought contingency plan meeting the minimum requirements for an
irrigation district; PENALTY: $713; STAFF ATTORNEY: Laurencia Fasoyiro, Litigation
Division, MC R-12, (713) 422-8914; REGIONAL OFFICE: Harlingen Regional Office,
1804 West Jefferson Avenue, Harlingen, Texas 78550-5247, (956) 425-6010.
(3) COMPANY: Joseph T. Endari dba Endaris Exxon; DOCKET NUMBER: 2003-0925-PST-E;
TCEQ ID NUMBERS: 26694 and RN101628238; LOCATION: 1495 Gulf Street, Beaumont,
Jefferson 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 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 underground storage tanks (USTs);
PENALTY: $1,070; STAFF ATTORNEY: Laurencia Fasoyiro, Litigation Division,
MC R-12, (713) 422-8914; REGIONAL OFFICE: Beaumont Regional Office, 3870 Eastex
Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.
(4) COMPANY: Sahers, Inc. dba Save a Step Mart 5; DOCKET NUMBER: 2003-0847-PST-E;
TCEQ ID NUMBERS: 33614 and RN101894913; LOCATION: 21950 Meadow Hill Drive,
Spring, 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 financial assurance for taking corrective action and for compensating
third parties for bodily injury and property damage caused by accidental releases
arising from the operation of the USTs; PENALTY: $2,400; STAFF ATTORNEY: James
Biggins, Litigation Division, MC R-12, (713) 422-8916; REGIONAL OFFICE: Houston
Regional Office, 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713)
767-3500.
TRD-200403650
Paul C. Sarahan
Director, Litigation Division
Texas Commission on Environmental Quality
Filed: June 1, 2004
The Commission on Environmental Quality (commission) will conduct public
hearings to receive testimony regarding proposed revisions to 30 TAC Chapter
114, Control of Air Pollution from Motor Vehicles; 30 TAC Chapter 115, Control
of Air Pollution from Volatile Organic Compounds; and the state implementation
plan (SIP), concerning the Houston/Galveston/Brazoria (HGA) and the Beaumont/Port
Arthur (BPA) ozone nonattainment areas, under the requirements of the Texas
Health and Safety Code, §382.017; Texas Government Code, Chapter 2001,
Subchapter B; and 40 Code of Federal Regulations, §51.102, of the United
States Environmental Protection Agency (EPA) regulations concerning SIPs.
Proposed revisions to the SIP concern the rate-of-progress (ROP) demonstration
for the BPA ozone nonattainment area. The proposed SIP revision will update
emission inventories, ROP budgets, and motor vehicle emission budgets (MVEB)
to reflect the use of new EPA emission factor models (NONROAD and MOBILE6)
and new motor vehicle activity estimates. The revised emission inventories,
ROP budgets, and MVEBs are consistent with concurrent SIP proposals. Additionally,
new emission inventories, ROP budgets, and MVEBs are being proposed for milestone
years 1999, 2002, and 2005 because the BPA area has been reclassified with
a new attainment date of 2005. (Project Number 2004-049a-SIP-NR)
Proposed revisions to the SIP concerning the attainment demonstration for
the BPA ozone nonattainment area. The proposal contains results of photochemical
modeling and technical analyses in support of the demonstration of attainment
of the eight-hour ozone standard, and a new MVEB using MOBILE6, the newest
version of the EPA's emission factor model for mobile sources. (Project Number
2004-053-SIP-NR)
The commission proposes the repeal of §114.452 and §114.459 of
30 TAC Chapter 114; Subchapter I, Non-Road Engines; Division 6, Lawn Service
Equipment Operating Restrictions. The proposed rulemaking would repeal the
lawn service equipment operating restrictions that are scheduled to go into
effect April 1, 2005 in the HGA. (Rule Project Number 2004-034-114-AI)
The commission proposes amendments to §§114.2, 114.50, 114.52,
and 114.53 of 30 TAC Chapter 114; Control of Air Pollution from Motor Vehicles;
Subchapter A, Definitions; and Subchapter C, Vehicle Inspection and Maintenance
and Low Income Vehicle Repair Assistance, Retrofit, and Accelerated Vehicle
Retirement Program; Division 1, Vehicle Inspection and Maintenance. The proposed
rulemaking would remove all references to the inspection and maintenance program
in three counties of the HGA (Chambers, Liberty, and Waller Counties) before
the scheduled program implementation date of May 1, 2005 in these three counties.
The proposed rulemaking would also remove the requirement for these three
counties to submit individually or collectively an alternative control plan
with strategies that would be implemented instead of an inspection and maintenance
program. (Rule Project Number 2004-035-114-AI)
The commission proposes the repeal of §§114.500, 114.502, 114.507,
and 114.509 of 30 TAC Chapter 114; Subchapter J, Operational Controls for
Motor Vehicles; Division 1, Motor Vehicle Idling Limitations. The proposed
rulemaking would repeal the rules that prohibit a motor vehicle over 14,000
pounds from idling for more than five consecutive minutes in the HGA during
the period of April 1 through October 31 of each calendar year. (Rule Project
Number 2004-043-114-AI)
The commission proposes new §§115.620 - 115.622, 115.626, 115.627,
and 115.629 of 30 TAC Chapter 115. The proposed rulemaking would implement
new rules per commission directive of December 5, 2001, concerning consideration
of a petition from Fluoro-Seal. The rules would be placed in Subchapter G,
Consumer-Related Sources; Division 2, Portable Fuel Containers. The provisions
would specify performance standards, testing requirements, and labeling requirements
for portable fuel containers manufactured on or after January 1, 2006, for
sale in Texas. The rules would apply statewide. (Rule Project Number 2004-033-115-AI)
Public hearings for this proposed rulemaking and SIP revisions have been
scheduled for: August 2, 2004, 1:30 p.m. and 5:30 p.m., City of Houston, City
Council Chambers, 2nd Floor, 901 Bagby, Houston; August 3, 2004, 10:30 a.m.,
John Gray Institute, 855 Florida Avenue, Beaumont; and August 5, 2004, 9:30
a.m., Texas Commission on Environmental Quality, 12100 North I-35, Building
F, Room 2210, Austin. The hearings will be structured for the receipt of oral
or written comments by interested persons. Registration will begin 30 minutes
prior to the hearings. Individuals may present oral statements when called
upon in order of registration. A time limit may be established at the hearings
to assure that enough time is allowed for every interested person to speak.
There will be no open discussion during the hearings; however, commission
staff members will be available to discuss the proposal 30 minutes before
the hearings and will answer questions before and after the hearings.
Persons planning to attend the hearings who have special communication
or other accommodation needs, should contact the Office of Environmental Policy,
Analysis, and Assessment at (512) 239-4900. Requests should be made as far
in advance as possible.
Written comments may be submitted to Patricia Durón, Office of Environmental
Policy, Analysis, and Assessment, MC 205, P.O. Box 13087, Austin, Texas 78711-3087;
by fax at (512) 239-4808; or by e-mail to
siprules@tceq.state.tx.us
. All comments should reference the rule project numbers that they
pertain to. Comments must be received by 5:00 p.m. on August 9, 2004. For
further information, please contact Kelly Keel, Environmental Planning and
Implementation Division at (512) 239-3607, or Alan Henderson, Policy and Regulations
Division at (512) 239-1510.
TRD-200403608
Stephanie Bergeron
Director, Environmental Law Division
Texas Commission on Environmental Quality
Filed: May 28, 2004
The following notices were issued during the period of May 14, 2004 through
May 25, 2004.
The following require the applicants to publish notice in the newspaper.
The public comment period, requests for public meetings, or requests for a
contested case hearing may be submitted to the Office of the Chief Clerk,
Mail Code 105, P.O. Box 13087, Austin, Texas 78711-3087, WITHIN 30 DAYS OF
THE DATE OF NEWSPAPER PUBLICATION OF THIS NOTICE.
CITY OF CANTON has applied for a major amendment to TPDES Permit No. 10399-002
to authorize an increase in the discharge of treated domestic wastewater from
a daily average flow not to exceed 900,000 gallons per day to an annual average
flow not to exceed 1,300,000 gallons per day. The facility is located approximately
4,000 feet northeast of the intersection of Interstate Highway 20 and State
Highway 19 and approximately 5,000 feet northwest of the intersection of Interstate
Highway 20 and Farm-to-Market Road 17 in Van Zandt County, Texas.
CEDARSTONE ONE INVESTORS, LTD. has applied for a renewal of TPDES Permit
No. 13697-001, which authorizes the discharge of treated domestic wastewater
at a daily average flow not to exceed 3,000 gallons per day. The facility
is located in the front parking lot of Cedarstone Commercial Complex, on the
north side of Sawdust Road, approximately one-tenth of a mile of the intersection
of Sawdust Road and Sawmill Road in the Woodlands in Montgomery County, Texas.
CENTEX DESTINATION PROPERTIES has applied for a new permit, Proposed Permit
No. WQ0014507001, to authorize the disposal of treated domestic wastewater
at a daily average flow not to exceed 55,000 gallons per day via drip irrigation
of 12.63 acres of non-public access forested land. This permit will not authorize
a discharge of pollutants into waters in the State. The facility and disposal
site will be located 2.4 miles southeast of the intersection of Farm-to-Market
Road 1431 and Old Burnet Road in Travis County, Texas.
CHRISTIAN TABERNACLE OF HOUSTON, INC. applied for a renewal of TPDES Permit
No. 13581-001, which authorizes the discharge of treated domestic wastewater
at a daily average flow not to exceed 5,000 gallons per day. The facility
is located approximately 1 mile northeast of the intersection of Farm-to-Market
Road 526 and Wallisville Road in Harris County, Texas.
CITY OF CROSS PLAINS has applied for a renewal of TPDES Permit No. 10434-001,
which authorizes the discharge of treated domestic wastewater at a daily average
flow not to exceed 87,500 gallons per day. The current permit also authorizes
the disposal of treated domestic wastewater via irrigation of 50.1 acres.
The facility is located approximately 2,500 feet west of State Highway 279
and 4,000 feet south of State Highway 36 in Callahan County, Texas.
CITY OF DIBOLL has applied for a renewal of TPDES Permit No. 10288-001,
which authorizes the discharge of treated domestic wastewater at an annual
average flow not to exceed 2,000,000 gallons per day. The facility is located
adjacent to White Oak Creek, approximately 1,500 feet west of the crossing
of White Oak Creek by U.S. Highway 59 on the south side of Diboll in Angelina
County, Texas.
CITY OF DICKENS has applied for a renewal of Permit No. WQ0011138001, which
authorizes the disposal of treated domestic wastewater at a volume not to
exceed a daily average flow of 44,000 gallons per day via irrigation of 200
acres of privately owned farm land. This permit will not authorize a discharge
of pollutants into waters in the State. The facility and disposal site are
located approximately 3,200 feet south of U.S. Highway 82 and one mile east
of State Highway 70 in Dickens County, Texas.
FORT BEND COUNTY MUNICIPAL UTILITY DISTRICT NO. 112 has applied for a renewal
of TPDES Permit No. WQ0013628001, which authorizes the discharge of treated
domestic wastewater at an annual average flow not to exceed 2,500,000 gallons
per day. The facility is located approximately 3,000 feet north of the Brazos
River and 4,800 feet west of Sartartia Road (Farm-to-Market Road 1464 south
of U.S. Highway 90A), and 8,000 feet south of U.S. Highway 90A in Fort Bend
County, Texas.
GALVESTON COUNTY WATER CONTROL & IMPROVEMENT DISTRICT NO. 8 has applied
for a renewal of TPDES Permit No. WQ0010174001, which authorizes the discharge
of treated domestic wastewater at an annual average flow not to exceed 1,500,000
gallons per day. The facility is located on the north side of 11th Street,
approximately 0.75 mile east of the intersection of 11th Street and Farm-to-Market
Road 646 in the City of Santa Fe in Galveston County, Texas.
GASTON 1093, A TEXAS JOINT VENTURE has applied for a new permit, proposed
Texas Pollutant Discharge Elimination System (TPDES) Permit No. WQ0014495001
to authorize the discharge of treated domestic wastewater at a daily average
flow not to exceed 250,000 gallons per day. The facility is located at the
northwest corner of Farm-to-Market Road 1093 and Katy-Gaston Road, approximately
1,900 linear feet north on Katy-Gaston Road in Fort Bend County, Texas.
CITY OF GOLDTHWAITE has applied for a new permit, proposed Texas Pollutant
Discharge Elimination System (TPDES) Permit No. WQ0010459003, to authorize
the discharge of filter backwash water at a daily average flow not to exceed
22,000 gallons per day. The facility is located at the northeast corner of
State Highway 16 and Lover's Lane, approximately 230 feet north of Highway
16 in Mills County, Texas.
HUNGERFORD MUNICIPAL UTILITY DISTRICT NO. 1 has applied for a renewal of
TPDES Permit No. 13240-001, which authorizes the discharge of treated domestic
wastewater at a daily average flow not to exceed 80,000 gallons per day. The
facility is located approximately 250 feet northwest of the intersection of
West Live Oak Road and Habermacher Street, approximately 0.5 mile north-northwest
of the intersection of State Highway 60 and Farm-to-Market Road 1161 in Wharton
County, Texas.
SYED N. HYDER has applied for a renewal of TPDES Permit No. 11778-001,
which authorizes the discharge of treated domestic wastewater at a daily average
flow not to exceed 45,000 gallons per day. The facility is located approximately
2.5 miles southwest of the intersection of Farm-to-Market Road 2818 and Farm-to-Market
Road 1688 (Leonard Road), 2000 feet southwest of the intersection of Leonard
Road and Jones Road, five miles southwest of the City of Bryan in Brazos County,
Texas.
JACKSON COUNTY WATER CONTROL AND IMPROVEMENT DISTRICT NO. 2 has applied
for a renewal of TPDES Permit No. 10196-001, which authorizes the discharge
of treated domestic wastewater at a daily average flow not to exceed 45,000
gallons per day. The facility is located approximately 1,500 feet east of
Farm-to-Market Road 234 and approximately 1,600 feet north of Farm-to-Market
Road 616 in Vanderbilt in Jackson County, Texas.
CITY OF JACKSONVILLE has applied for a major amendment to TPDES Permit
No. WQ0010693001 to authorize an increase in the discharge of treated domestic
wastewater from an annual average flow not to exceed 1,000,000 gallons per
day to an annual average flow not to exceed 1,500,000 gallons per day. The
facility is located on Canada Street, southeast of the crossing of Ragsdale
Creek by Canada Street, southeast of the City of Jacksonville in Cherokee
County, Texas.
CITY OF LEXINGTON has applied for a renewal of TPDES Permit No. 10016-001,
which authorizes the discharge of treated domestic wastewater at a daily average
flow not to exceed 200,000 gallons per day. The facility is located 0.5 mile
west of the intersection of Farm-to-Market Road 1624 and State Highway Spur
123, west of the City of Lexington, approximately 1 mile south in Lee County,
Texas.
THE CITY OF MARQUEZ has applied for a renewal of TPDES Permit No. 13980-001,
which authorizes the discharge of treated domestic wastewater at a daily average
flow not to exceed 40,000 gallons per day. The facility is located approximately
3,900 feet southeast of the intersection of U.S. Highway 79 and State Highway
7 in Leon County, Texas.
MEADOWLAND UTILITY CORPORATION has applied for a renewal of TPDES Permit
No. 13632-001, which authorizes the discharge of treated domestic wastewater
at a daily average flow not to exceed 23,400 gallons per day. The facility
is located approximately 7,600 feet west of the intersection of State Highway
35 and the American Canal, approximately 1.9 miles north of the intersection
of State Highway 6 and McCormick Street in Brazoria County, Texas.
CITY OF MORGAN has applied for a renewal of TPDES Permit No. WQ0012217002,
which authorizes the discharge of treated domestic wastewater at a daily average
flow not to exceed 50,000 gallons per day. The facility is located approximately
0.5 mile south of the intersection of Farm-to-Market Road 927 and State Highway
174 on State Highway 174 in Bosque County, Texas.
NIRANJAN SHANTILAL PATEL a wastewater treatment service provider, has applied
for a renewal of TPDES Permit No. 14064-001, which authorizes the discharge
of treated domestic wastewater at a daily average flow not to exceed 100,000
gallons per day in the final phase. The facility is located on Stafford Run
Creek, approximately 3800 feet northeast of the intersection of Farm-to-Market
Road 1092 and 5th Street in Fort Bend County, Texas.
CITY OF RANGER has applied for a major amendment to TPDES Permit No. 11557-003
to authorize an increase in the two-hour peak flow from 478 gallons per minute
(gpm) to 1,215 gpm. The current permit authorizes the discharge of treated
domestic wastewater at a daily average flow not to exceed 550,000 gallons
per day. The facility is located on the northeast corner of Garrett Street
and Lackland Avenue in the City of Ranger, approximately 2,500 feet north-northwest
of the intersection of U.S. Highway 80 and Farm-to-Market Road 571 in Eastland
County, Texas.
CITY OF SCHULENBURG has applied for a renewal of TPDES Permit No. 10115-002,
which authorizes the discharge of treated domestic wastewater at a daily average
flow not to exceed 250,000 gallons per day. The facility is located approximately
500 feet west of the intersection of Babylon Lane and Williams Avenue in the
City of Schulenburg in Fayette County, Texas.
UPPER LEON RIVER MUNICIPAL WATER DISTRICT, has applied for a renewal of
Permit No. WQ0011764001, which authorizes the disposal of treated domestic
wastewater at a volume not to exceed a daily average flow of 60,000 gallons
per day via irrigation on 100 acres of pasture. This permit will not authorize
a discharge of pollutants into waters in the State. The facility and disposal
site are located approximately 2.6 miles east of the intersection of the State
Highway 16 and Farm-to-Market Road 2861 in Comanche County, Texas.
UTILITIES INVESTMENT COMPANY, INC. has applied for a renewal of TPDES Permit
No. WQ0012251001, which authorizes the discharge of treated domestic wastewater
at a daily average flow not to exceed 51,000 gallons per day. The facility
is located approximately 2,000 feet northwest of the intersection of Farm-to-Market
Road 1960 with Farm-to-Market Road 2100, immediately west of the community
of Huffman in Harris County, Texas.
UTILITIES INVESTMENT COMPANY, INC. has applied for a renewal of TPDES Permit
No. WQ0012863001, which authorizes the discharge of treated domestic wastewater
at a daily average flow not to exceed 100,000 gallons per day. The facility
is located approximately 1,000 feet northeast of the intersection of Crosby-Lynchburg
Road and Fig Orchard Road, and 3 1/4 miles south of the intersection of Farm-to-Market
Road 2100 and Farm-to-Market Road 1942 in Harris County, Texas.
CITY OF UVALDE has submitted application for a new permit, Proposed Permit
No. WQ0004610000, to authorize the land application of sewage sludge for beneficial
use on 118 acres. This permit will not authorize a discharge of pollutants
into waters in the State. The land application site is located approximately
1/2 mile south of the City of Uvalde, along both sides of County Road 106,
approximately 1/2 mile west of the intersection of County Road 106 and Farm-to-Market
Road 117, adjacent to the Water Recycling Center in Uvalde County, Texas.
VANCECO, INC. has applied for a renewal of TPDES Permit No. 14248-001,
which authorizes the discharge of treated domestic wastewater at a daily average
flow not to exceed 20,000 gallons per day. The facility is located on the
north side of State Highway 105, approximately 3,200 feet west of the point
where State Highway 105 crosses the San Jacinto River in Montgomery County,
Texas.
WADSWORTH WATER SUPPLY CORPORATION has applied for a renewal of TPDES Permit
No. 12618-001, which authorizes the discharge of treated domestic wastewater
at a daily average flow not to exceed 27,000 gallons per day. The facility
is located approximately 400 feet east of State Highway 60 and approximately
1100 feet south of Laird Road in Matagorda County, Texas.
WHARTON COUNTY WATER CONTROL AND IMPROVEMENT DISTRICT NO. 1 has applied
for a renewal of TPDES Permit No. 10849-001, which authorizes the discharge
of treated domestic wastewater at a daily average flow not to exceed 150,000
gallons per day. The facility is located approximately 850 feet north of the
intersection of Farm-to-Market Road 1160 and Loop 525, between Farm-to-Market
Road 1160 and East Mustang Creek in Wharton County, Texas.
TRD-200403575
LaDonna Castañuela
Chief Clerk
Texas Commission on Environmental Quality
Filed: May 26, 2004
Notices mailed May 20, 2004.
PROPOSED PERMIT NO. 5831; ETC Texas Pipeline, Ltd., 800 East Sonterra Boulevard,
Suite 400, San Antonio, Texas 78258, applicant, has applied to the Texas Commission
on Environmental Quality (TCEQ) for a Temporary Water Use Permit pursuant
to §11.138, Texas Water Code, and Texas Commission on Environmental Quality
Rules 30 TAC §§295.1, et seq. Applicant seeks a temporary water
use permit to divert and use 18.4 acre-feet of water at a maximum diversion
rate of 3.34 cfs (1,500 gpm) from a diversion point on the Gibbons Creek Lake,
tributary of Gibbons Creek, tributary of the Navasota River, tributary of
the Brazos River, Brazos River Basin, near the stream crossing in the vicinity
of Lone Star Gas, located 3.8 miles west of the town of Singleton and 11.3
miles north of the town of Anderson for hydrostatic testing of new pipelines
in Grimes, Robertson, Madison, Leon, and Limestone Counties within a period
of one year. The Commission will review the application as submitted by the
applicant and may or may not grant the application as requested. The application
was received on January 23, 2004. Additional information was received on March
18, 2004 and additional fees were received on April 4, 2004. The application
was determined to be administratively complete and filed with the Office of
the Chief Clerk on April 21, 2004. Written public comments, requests for a
public meeting, or requests for a contested case hearing should be received
in the Office of Chief Clerk, at the address provided in the information section
below, by June 9, 2004.
PROPOSED PERMIT NO. 5830; ETC Texas Pipeline, Ltd., 800 East Sonterra Boulevard,
Suite 400, San Antonio, Texas 78258, applicant, has applied to the Texas Commission
on Environmental Quality (TCEQ) for a Temporary Water Use Permit pursuant
to §11.138, Texas Water Code, and Texas Commission on Environmental Quality
Rules 30 TAC §§295.1, et seq. Applicant seeks a temporary water
use permit to divert and use 10.4 acre-feet of water at a maximum diversion
rate of 3.34 cfs (1,500 gpm) from a diversion point (north) on the Navasota
River, tributary of the Brazos River, Brazos River Basin, near the stream
crossing in the vicinity of FM 7, located 2.3 miles west of the town of Round
Prairie and 22 miles northeast of the county seat in the town of Franklin
for hydrostatic testing of new pipelines in Robertson, Grimes, Madison, Leon,
and Limestone Counties within a period of one year. Applicant also seeks to
divert and use 18.4 acre-feet of water at a maximum diversion rate of 3.34
cfs (1,500 gpm) from a diversion point (south) on the Navasota River, tributary
of Brazos River, Brazos River Basin, near the stream crossing in the vicinity
of Lone Star Gas, located 8.8 miles west of the town of Normangee and 18.9
miles east of the county seat in the town of Franklin for hydrostatic testing
of new pipelines in Robertson, Grimes, Madison, Leon, and Limestone Counties
within a period of one year. The Commission will review the application as
submitted by the applicant and may or may not grant the application as requested.
The application was received on January 23, 2004. Additional information was
received on March 18, 2004 and additional fees were received on April 4, 2004.
The application was determined to be administratively complete and filed with
the Office of the Chief Clerk on April 21, 2004. Written public comments,
requests for a public meeting, or requests for a contested case hearing should
be received in the Office of Chief Clerk, at the address provided in the information
section below, by June 9, 2004.
A public meeting is intended for the taking of public comment, and is not
a contested case hearing. A public meeting will be held if the Executive Director
determines that there is a significant degree of public interest in an application.
The Executive Director can consider approval of an application unless a
written request for a contested case hearing is filed. To request a contested
case hearing, you must submit the following: (1) your name (or for a group
or association, an official representative), mailing address, daytime phone
number, and fax number, if any: (2) applicant's name and permit number; (3)
the statement "[I/we] request a contested case hearing;" and (4) a brief and
specific description of how you would be affected by the application in a
way not common to the general public. You may also submit any proposed conditions
to the requested application which would satisfy your concerns. Requests for
a contested case hearing must be submitted in writing to the TCEQ Office of
the Chief Clerk at the address provided in the information section below.
If a hearing request is filed, the Executive Director will not issue the
requested permit and may forward the application and hearing request to the
TCEQ Commissioners for their consideration at a scheduled Commission meeting.
Written hearing requests, public comments or requests for a public meeting
should be submitted to the Office of the Chief Clerk, MC 105, TCEQ, P.O. Box
13087, Austin, Texas 78711-3087. For information concerning the hearing process,
please contact the Public Interest Counsel, MC 103, at the same address. For
additional information, individual members of the general public may contact
the Office of Public Assistance at 1-800-687-4040. General information regarding
the TCEQ can be found at our web site at www.tceq.state.tx.us.
TRD-200403574
LaDonna Castañuela
Chief Clerk
Texas Commission on Environmental Quality
Filed: May 26, 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
July 12, 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 July 12, 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: James Bates dba AAA Master Care Tree & Landscaping; DOCKET
NUMBER: 2004-0011-LII-E; IDENTIFIER: Regulated Entity Reference Number (RN)
104089784; LOCATION: Wimberley, Hays County, Texas; TYPE OF FACILITY: landscape
irrigation; RULE VIOLATED: 30 TAC §30.5(a), §344.4(a), and the Code, §37.003,
by failing to be properly licensed before installing a landscape irrigation
system; PENALTY: $200; ENFORCEMENT COORDINATOR: Bill Davis, (512) 239-6793;
REGIONAL OFFICE: 1921 Cedar Bend Drive, Suite 150, Austin, Texas 78758- 5336,
(512) 339-2929.
(2) COMPANY: Ashfaq Ahmed dba Texaco - AK Food Mart; DOCKET NUMBER: 2004-0262-
PST-E; IDENTIFIER: Petroleum Storage Tank (PST) Facility Identification Number
0074944; LOCATION: Dallas, Dallas County, Texas; TYPE OF FACILITY: convenience
store with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.10(b),
by failing to have the required underground storage tank (UST) records readily
accessible and available for inspection; 30 TAC §334.8(c)(5)(A)(i) and
(B)(ii) and the Code, §26.3467(a), by failing to make available to a
common carrier a valid, current delivery certificate and by failing to ensure
that a delivery certificate is renewed by timely and proper submission of
a new UST registration and self-certification form; PENALTY: $1,848; ENFORCEMENT
COORDINATOR: Brad Brock, (512) 239-1165; REGIONAL OFFICE: 2301 Gravel Drive,
Fort Worth, Texas 76118-6951, (817) 588-5800.
(3) COMPANY: Bay Oil Company; DOCKET NUMBER: 2004-0580-PST-E; IDENTIFIER:
RN101768711; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: fuel
distributor; RULE VIOLATED: 30 TAC §334.5(b)(1)(A), by failing to observe
that the owner or operator had a valid, current delivery certificate; PENALTY:
$800; ENFORCEMENT COORDINATOR: Kimberly Morales, (713) 767-3500; REGIONAL
OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023- 1486, (713) 767-3500.
(4) COMPANY: Brownsville Navigation District; DOCKET NUMBER: 2003-1227-SLG-E;
IDENTIFIER: Sludge Transporter Registration Number 21816; LOCATION: Brownsville,
Cameron County, Texas; TYPE OF FACILITY: sludge transporter service; RULE
VIOLATED: 30 TAC §312.143, by failing to deposit wastes at a facility
designated by, or acceptable to, the generator; 30 TAC §312.142(c) and §312.144(f),
by failing to prominently mark all discharge valves and ports and maintain
a copy of the registration authorization in each vehicle; and 30 TAC §312.9,
by failing to pay sludge transporter fees in a timely manner; PENALTY: $3,200;
ENFORCEMENT COORDINATOR: Stacey Young, (512) 239-1899; REGIONAL OFFICE: 1804
West Jefferson Avenue, Harlingen, Texas 78550-5247, (956) 425-6010.
(5) COMPANY: Brushy Creek Municipal Utility District; DOCKET NUMBER: 2003-1284-PWS-E;
IDENTIFIER: Public Water Supply (PWS) Identification Number 2460061; LOCATION:
Round Rock, Williamson County, Texas; TYPE OF FACILITY: public water supply;
RULE VIOLATED: 30 TAC §290.113(f)(4) and (5) and THSC, §341.0315(c),
by failing to comply with the maximum contaminant level (MCL) for the running
annual average for total trihalomethanes and by failing to comply with the
MCL for the running annual average of haloacetic acids; PENALTY: $2,100; ENFORCEMENT
COORDINATOR: John Schildwachter, (512) 239-2355; REGIONAL OFFICE: 1921 Cedar
Bend Drive, Suite 150, Austin, Texas 78758-5336, (512) 339-2929.
(6) COMPANY: C & R Distributing Inc.; DOCKET NUMBER: 2004-0430-AIR-E;
IDENTIFIER: Air Account Identification Number EE-2247-Q, RN102614203; LOCATION:
Canutillo, El Paso County, Texas; TYPE OF FACILITY: convenience store with
retail sales of gasoline; RULE VIOLATED: 30 TAC §114.100(a) and THSC, §382.085(b),
by offering for sale gasoline for use as a motor vehicle fuel which failed
to meet the minimum oxygen content of 2.7% by weight; PENALTY: $600; ENFORCEMENT
COORDINATOR: Brandon Smith, (512) 239-4471; REGIONAL OFFICE: 401 East Franklin
Avenue, Suite 560, El Paso, Texas 79901-1206, (915) 834-4949.
(7) COMPANY: City of Caddo Mills; DOCKET NUMBER: 2003-1348-MWD-E; IDENTIFIER:
Texas Pollutant Discharge Elimination System (TPDES) Permit Number 10425-001,
RN101721488; LOCATION: Caddo Mills, Hunt County, Texas; TYPE OF FACILITY:
wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit
Number 10425-001, and the Code, §26.121(a), by failing to comply with
the permit limits for ammonia-nitrogen and dissolved oxygen; PENALTY: $8,350;
ENFORCEMENT COORDINATOR: Ronnie Kramer, (806) 353-9251; REGIONAL OFFICE: 2301
Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(8) COMPANY: Commercial Metals Company; DOCKET NUMBER: 2004-0560-AIR-E;
IDENTIFIER: Air Account Number EE-0068-J, RN102412376; LOCATION: Vinton, El
Paso County, Texas; TYPE OF FACILITY: scrap metal processing; RULE VIOLATED:
30 TAC §114.100(a) and THSC, §382.085(b), by failing to comply with
the 2.7% by weight oxygenated fuel requirement; PENALTY: $736; ENFORCEMENT
COORDINATOR: Erika Fair, (512) 239-6673; REGIONAL OFFICE: 401 East Franklin
Avenue, Suite 560, El Paso, Texas 79901-1206, (915) 834-4949.
(9) COMPANY: Dimensional Investments, Inc. dba Cutten Square Shopping Center;
DOCKET NUMBER: 2004-0284-PWS-E; IDENTIFIER: PWS Number 1011082; LOCATION:
Houston, Harris County, Texas; TYPE OF FACILITY: public water supply; RULE
VIOLATED: 30 TAC §290.41(c)(1)(F) and (3)(K), by failing to secure a
sanitary control easement and by failing to seal the wellhead with a gasket
or sealing compound; 30 TAC §290.45(d)(2)(A)(ii) and THSC, §341.0315(c),
by failing to provide a minimum pressure tank capacity of 220 gallons; and
30 TAC §290.51(a)(6), by failing to pay public health service fees; PENALTY:
$420; ENFORCEMENT COORDINATOR: Kimberly Morales, (713) 767-3500; REGIONAL
OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(10) COMPANY: Duke Energy Field Services, LP; DOCKET NUMBER: 2003-0148-AIR-E;
IDENTIFIER: Air Account Numbers PE-0024-Q and PE-0025-O, RN100211408 and RN100211200;
LOCATION: Coyanosa, Pecos County, Texas; TYPE OF FACILITY: gas plant; RULE
VIOLATED: 30 TAC §101.6(a)(1)(B) (now 30 TAC §101.201(a)(1)(B))
and THSC, §382.085(b), by failing to notify the TCEQ regarding upsets;
THSC, §382.085(a), by failing to obtain regulatory authority to emit
volatile organic compounds (VOCs), nitrogen oxides (NO
x
), carbon monoxide (CO) and natural gas hydrocarbons; 30 TAC §106.512(2)(C)(ii)
and THSC, §382.085(b), by failing to comply with quarterly testing recordkeeping
requirements for NO
x
and CO; 30 TAC §101.20(1),
40 Code of Federal Regulations (CFR) §60.334(b)(2) and THSC, §382.085(b),
by failing to comply with the semiannual custom fuel monitoring schedule;
and 30 TAC §101.10(b)(2) and (c) and THSC, §382.085(b), by failing
to provide supporting documentation for 13 emission points and by failing
to calculate and report emissions; PENALTY: $45,217; ENFORCEMENT COORDINATOR:
Miriam Hall, (512) 239-1044; REGIONAL OFFICE: 3300 North A Street, Building
4, Suite 107, Midland, Texas 79705-5404, (915) 570-1359.
(11) COMPANY: Edcouch-Elsa Independent School District Public Facility
Corporation; DOCKET NUMBER: 2004-0249-PST-E; IDENTIFIER: PST Facility Identification
Number 46213, RN102221686; LOCATION: Elsa, Hidalgo County, Texas; TYPE OF
FACILITY: fleet refueling; RULE VIOLATED: 30 TAC §334.50(b)(1)(A), (2)(A)(i)(III)
and (B)(ii), and the Code, §26.3475(a) and (c)(1), by failing to monitor
the USTs for releases; 30 TAC §334.49(c)(4)(C) and the Code, §26.3475(d),
by failing to inspect and test the cathodic protection system for operability
and adequacy of protection; 30 TAC §334.48(c), §334.50(d)(1)(B)(ii),
and the Code, §26.3475(c)(1), by failing to conduct effective manual
or automatic inventory control procedures; and 30 TAC §334.7(d)(3), by
failing to provide written notice of any change or additional information
concerning the UST system; PENALTY: $11,520; ENFORCEMENT COORDINATOR: Sushil
Modak, (512) 239-2142; REGIONAL OFFICE: 1804 West Jefferson Avenue, Harlingen,
Texas 78550-5247, (956) 425-6010.
(12) COMPANY: Enterprise Products Operating, L.P.; DOCKET NUMBER: 2004-0387-AIR-E;
IDENTIFIER: Air Account Number CI-0006-V, RN102984911; LOCATION: Mont Belvieu,
Chambers County, Texas; TYPE OF FACILITY: petrochemical processing; RULE VIOLATED:
30 TAC §106.261(a)(2) and THSC, §382.085(b), by failing to comply
with the six pounds per hour limitation for propylene and propane; PENALTY:
$4,000; ENFORCEMENT COORDINATOR: Kensley Greuter, (512) 239-2520; REGIONAL
OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023- 1486, (713) 767-3500.
(13) COMPANY: Equistar Chemicals, L.P.; DOCKET NUMBER: 2004-0204-AIR-E;
IDENTIFIER: Air Account Number JE-0049-K, Air Permit Number 8639A, RN100825413;
LOCATION: Beaumont, Jefferson County, Texas; TYPE OF FACILITY: ethylene glycol
unit; RULE VIOLATED: THSC, §382.085(a), by failing to prevent unauthorized
emissions; 30 TAC §101.201(b)(8), by failing to include the preconstruction
authorization or rule citation in the final record; and 30 TAC §21.4(g), §290.51(a)(3),
THSC, §341.041, and the Code, §26.0135(h), by failing to pay outstanding
fees; PENALTY: $4,080; ENFORCEMENT COORDINATOR: Bill Davis, (512) 239-6793;
REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.
(14) COMPANY: Famcor Oil, Inc.; DOCKET NUMBER: 2004-0383-MLM-E; IDENTIFIER:
Air Account Number PF-0031-I; LOCATION: near Goodrich, Polk County, Texas;
TYPE OF FACILITY: crude oil and natural gas production; RULE VIOLATED: 30
TAC §122.121 and THSC, §382.085(b), by failing to have a federal
operating permit; 30 TAC §101.201(b) and THSC, §382.085(b), by failing
to keep records of emissions events; and 30 TAC §§101.20(2), 106.4,
106.8(a) and (b), and 113.390, 40 CFR §63.10(b)(3) and §63.760(e)(2),
and THSC, §382.085(b), by failing to maintain required records and make
readily available for review; PENALTY: $9,000; ENFORCEMENT COORDINATOR: Terry
Murphy, (512) 239-5025; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas
77703-1892, (409) 898-3838.
(15) COMPANY: Goodyear Tire and Rubber; DOCKET NUMBER: 2004-0393-AIR-E;
IDENTIFIER: Air Account Number JE-0039-N, RN102561925; LOCATION: Beaumont,
Jefferson County, Texas; TYPE OF FACILITY: petrochemical manufacturing; RULE
VIOLATED: THSC, §382.085(a), by failing to prevent unauthorized emissions
from escaping to the atmosphere; PENALTY: $1,500; ENFORCEMENT COORDINATOR:
Suzanne Walrath, (512) 239-2134; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont,
Texas 77703-1892, (409) 898-3838.
(16) COMPANY: H.I.S. Instead, Inc. dba Gardendale Meadows ; DOCKET NUMBER:
2004-0389- PWS-E; IDENTIFIER: PWS Identification Number 0680174, RN101257566;
LOCATION: Gardendale, Ector County, Texas; TYPE OF FACILITY: mobile home community;
RULE VIOLATED: 30 TAC §290.109(c)(2)(A)(iii) and (F) and THSC, §341.033(d),
by failing to collect and submit water samples for bacteriological analysis,
and by failing to collect and submit the appropriate number of additional
routine bacteriological samples following a coliform-positive sample result;
30 TAC §290.109(g) and §290.122(c)(1)(B), by failing to provide
public notice for the failure to conduct routine bacteriological samples,
and by failing to provide public notice of the failure to submit the appropriate
number of additional routine bacteriological samples; PENALTY: $2,050; ENFORCEMENT
COORDINATOR: Steven Lopez, (512) 239-1896; REGIONAL OFFICE: 3300 North A Street,
Building 4, Suite 107, Midland, Texas 79705-5404, (915) 570-1359.
(17) COMPANY: Hog Creek WSC; DOCKET NUMBER: 2004-0318-PWS-E; IDENTIFIER:
PWS Number 1550132, RN101459295; LOCATION: Valley Mills, McLennan County,
Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §288.30(3)(B),
by failing to make available the drought contingency plan; 30 TAC §290.109(g)(1),
by failing to notify the public of bacteriological contaminants violations;
30 TAC §290.110(b)(4), by failing to maintain the residual disinfectant
concentration; and 30 TAC §290.43(d)(3), by failing to provide a working
air-water- volume device for the pressure tank; PENALTY: $945; ENFORCEMENT
COORDINATOR: Christopher Miller, (915) 698-9674; REGIONAL OFFICE: 6801 Sanger
Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.
(18) COMPANY: Ike's Texaco, Inc.; DOCKET NUMBER: 2003-1082-PST-E; IDENTIFIER:
PST Facility Identification Number 0023062; LOCATION: Odessa, Ector 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: $4,750; ENFORCEMENT COORDINATOR: Chris Friesenhahn,
(210) 490-3096; REGIONAL OFFICE: 3300 North A Street, Building 4, Suite 107,
Midland, Texas 79705-5404, (915) 570-1359.
(19) COMPANY: City of Kaufman; DOCKET NUMBER: 2004-0338-MWD-E; IDENTIFIER:
TPDES Permit Number 12114-001, RN102410461; LOCATION: Kaufman, Kaufman County,
Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1),
TPDES Permit Number 12114-001, and the Code, §26.121(a), by failing to
comply with the total ammonia nitrogen daily average concentration; PENALTY:
$2,320; ENFORCEMENT COORDINATOR: Mike Meyer, (512) 239-4492; REGIONAL OFFICE:
2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(20) COMPANY: Kraft Foods North America, Inc.; DOCKET NUMBER: 2004-0317-AIR-E;
IDENTIFIER: Air Account Number HG-0473-P; LOCATION: Houston, Harris County,
Texas; TYPE OF FACILITY: coffee processing; RULE VIOLATED: 30 TAC §101.360(a)
and THSC, §382.085(b), by failing to submit Form ECT-3, Level of Activity
Certification; PENALTY: $1,580; ENFORCEMENT COORDINATOR: Walter Lassen, (512)
239-0513; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486,
(713) 767-3500.
(21) COMPANY: La Feria CO-OP Gin; DOCKET NUMBER: 2004-0236-PST-E; IDENTIFIER:
RN102828209; LOCATION: La Feria, Cameron County, Texas; TYPE OF FACILITY:
fuel distributor; RULE VIOLATED: 30 TAC §334.5(b)(1)(A), by failing to
observe a valid, current delivery certificate; PENALTY: $8,800; ENFORCEMENT
COORDINATOR: Bill Davis, (512) 239-6793; REGIONAL OFFICE: 1804 West Jefferson
Avenue, Harlingen, Texas 78550-5247, (956) 425-6010.
(22) COMPANY: Jeff Luce dba Luce Oil & Gas Company; DOCKET NUMBER:
2004-0258-PST- E; IDENTIFIER: PST Facility Identification Number 61350; LOCATION:
Campwood, Real County, Texas; TYPE OF FACILITY: bulk fuel petroleum storage;
RULE VIOLATED: 30 TAC §§334.75, 334.76(1) and (2), 334.77, and the
Code, §26.121, by failing to report a release of a petroleum substance
and by failing to take immediate action to prevent further release of a regulated
substance; PENALTY: $2,880; ENFORCEMENT COORDINATOR: Mac Vilas, (512) 239-2557;
REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.
(23) COMPANY: Ehsanallah Lalezari dba Neighborhood Store 2; DOCKET NUMBER:
2003-1191- PST-E; IDENTIFIER: PST Facility Identification Number 62970, RN102254786;
LOCATION: Austin, Travis County, Texas; TYPE OF FACILITY: convenience store
with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.8(c)(5)(A)(i)
and (B)(ii) and the Code, §26.346 and §26.2467, by failing to make
available to a common carrier a valid, current delivery certificate and by
failing to renew a previously issued delivery certificate; and 30 TAC §334.10(b),
by failing to make records available for inspection; PENALTY: $1,800; ENFORCEMENT
COORDINATOR: Bill Davis, (512) 239-6793; REGIONAL OFFICE: 1921 Cedar Bend
Drive, Suite 150, Austin, Texas 78758-5336, (512) 339-2929.
(24) COMPANY: Parkview Metal Products, Inc.; DOCKET NUMBER: 2003-1215-AIR-E;
IDENTIFIER: Air Account Number HK-0046-W; LOCATION: San Marcos, Hays County,
Texas; TYPE OF FACILITY: metal stamping; RULE VIOLATED: 30 TAC §122.146(2)
and THSC, §382.085(b), by failing to submit the annual permit compliance
certification, for the certification period of August 8, 2001 - August 7,
2002, within 30 days after the certification end date; 30 TAC §122.145(2)(C),
by failing to submit the semiannual deviation report, for the period of August
8, 2001 - August 7, 2002, within 30 days after the certification end date;
30 TAC §116.115(c) and Air Permit Number 20090, by failing to submit
inventory data reports on all permitted substances to the TCEQ for the third
and fourth quarters of 2002; and 40 CFR §63.468(g) and (h), by failing
to submit an annual solvent emission report for the years 1999 - 2001, and
by failing to submit semiannual exceedance reports for the reporting periods
of July 1 - December 31, 2001 and January 1 - December 31, 2002; PENALTY:
$6,480; ENFORCEMENT COORDINATOR: Michael Limos, (512) 239-5839; REGIONAL OFFICE:
1921 Cedar Bend Drive, Suite 150, Austin, Texas 78758-5336, (512) 339-2929.
(25) COMPANY: Peregrine Homeowners Association, Inc.; DOCKET NUMBER: 2004-0159-PWS-
E; IDENTIFIER: PWS Number 0200111, RN101220879; LOCATION: Freeport, Brazoria
County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.109(c)(2)(A)(iii)
and (g), §290.122(c)(1)(A), and THSC, §341.033(d), by failing to
collect and submit routine monthly water samples for bacteriological analysis
and by failing to provide public notification for sampling violations; PENALTY:
$1,200; ENFORCEMENT COORDINATOR: Jaime Garza, (956) 425-6010; REGIONAL OFFICE:
5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(26) COMPANY: Robert Heath Trucking, Inc.; DOCKET NUMBER: 2003-1248-PST-E;
IDENTIFIER: PST Facility Identification Number 1040; LOCATION: Lubbock, Lubbock
County, Texas; TYPE OF FACILITY: fleet refueling; RULE VIOLATED: 30 TAC §334.10(b)
and §334.50(d)(1)(B)(iii)(I), by failing to perform inventory control
and to take measurements for regulated substance inputs, withdrawals, and
the amount still remaining in the tank; PENALTY: $5,250; ENFORCEMENT COORDINATOR:
Sherry Smith, (512) 239-0572; REGIONAL OFFICE: 4630 50th Street, Suite 600,
Lubbock, Texas 79414-3520, (806) 796-7092.
(27) COMPANY: Rogers & Sons, Ltd.; DOCKET NUMBER: 2004-0242-AGR-E;
IDENTIFIER: TPDES Registration Number WQ0003783-000, RN102097227; LOCATION:
Dimmitt, Castro County, Texas; TYPE OF FACILITY: beef feedyard; RULE VIOLATED:
30 TAC §321.39(f)(28) - (31) and TPDES Registration Number WQ0003783-000,
by failing to collect and analyze soil samples, by failing to collect and
analyze manure and wastewater samples, and failing to collect and analyze
a groundwater sample from the well; PENALTY: $1,575; ENFORCEMENT COORDINATOR:
Ronnie Kramer, (806) 353-9251; REGIONAL OFFICE: 3918 Canyon Drive, Amarillo,
Texas 79109-4933, (806) 353-9251.
(28) COMPANY: Savoy Kay dba S & S Fuel Co.; DOCKET NUMBER: 2004-0078-AIR-E;
IDENTIFIER: RN100817410; LOCATION: Socorro, El Paso County, Texas; TYPE OF
FACILITY: underground storage tank; RULE VIOLATED: 30 TAC §115.252(2)
and THSC, §382.085(b), by allowing the transfer of gasoline that has
a Reid vapor pressure greater than seven pounds per square inch; PENALTY:
$1,800; ENFORCEMENT COORDINATOR: Bill Davis, (512) 239-6793; REGIONAL OFFICE:
401 East Franklin Avenue, Suite 560, El Paso, Texas 79901-1206, (915) 834-4949.
(29) COMPANY: Sandel Energy, Inc.; DOCKET NUMBER: 2004-0350-AIR-E; IDENTIFIER:
Air Account Number BL-0779-R, RN100897388; LOCATION: near Sweeny, Brazoria
County, Texas; TYPE OF FACILITY: natural gas compressor station; RULE VIOLATED:
30 TAC §101.359 and THSC, §382.085(b), by failing to submit Form
ECT-1, Annual Compliance Report; PENALTY: $1,120; ENFORCEMENT COORDINATOR:
Ronnie Kramer, (806) 353-9251; REGIONAL OFFICE: 5425 Polk Avenue, Suite H,
Houston, Texas 77023-1486, (713) 767-3500.
(30) COMPANY: City of Seagoville; DOCKET NUMBER: 2004-0104-MWD-E; IDENTIFIER:
TPDES Permit Number 10370-001; LOCATION: Seagoville, Dallas County, Texas;
TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1),
TPDES Permit Number 10370-001, and the Code, §26.121(a), by failing to
comply with the permitted limit for total ammonia nitrogen daily average and
daily maximum at Outfall 001 for the months of May and July 2003; PENALTY:
$3,625; ENFORCEMENT COORDINATOR: Christina McLaughlin, (512) 239-6589; REGIONAL
OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(31) COMPANY: Star Tex Gasoline & Oil Distributors, Inc.; DOCKET NUMBER:
2004-0145-PST- E; IDENTIFIER: RN103949434; LOCATION: Deer Park, Harris County,
Texas; TYPE OF FACILITY: fuel distributor; RULE VIOLATED: 30 TAC §334.5(b)(1)(A),
by failing to ensure that the owners or operators had a valid, current delivery
certificate; PENALTY: $360; ENFORCEMENT COORDINATOR: Sushil Modak, (512) 239-2142;
REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713)
767-3500.
(32) COMPANY: Superior Aviation Fuel Enterprises, LLC; DOCKET NUMBER: 2002-1305-PST-
E; IDENTIFIER: PST Facility Identification Number 0049238; LOCATION: El Paso,
El Paso County, Texas; TYPE OF FACILITY: aircraft refueling operation; RULE
VIOLATED: 30 TAC §334.8(c)(4)(B) and (5)(A)(i), and the Code, §26.3467(a),
by failing to submit a fully and accurately completed self-certification form
and by failing to obtain a delivery certificate prior to receiving fuel; 30
TAC §334.10(b)(1) and (2)(B)(ii) and §334.51(c)(1) and (2), by failing
to provide records of overfill prevention equipment; and 30 TAC §37.875(b)(1),
by failing to provide financial assurance wording; PENALTY: $2,304; ENFORCEMENT
COORDINATOR: Jill Reed, (915) 570-1359; REGIONAL OFFICE: 401 East Franklin
Avenue, Suite 560, El Paso, Texas 79901-1206, (915) 834-4949.
(33) COMPANY: Guiti Assadi dba Texas Food & Fuel; DOCKET NUMBER: 2003-0793-PST-E;
IDENTIFIER: PST Facility Identification Number 26972, RN101447282; LOCATION:
Seabrook, Harris County, Texas; TYPE OF FACILITY: gasoline service station;
RULE VIOLATED: 30 TAC §37.815(a) and (b), by failing to demonstrate acceptable
financial assurance; PENALTY: $3,200; ENFORCEMENT COORDINATOR: Jaime Garza,
(956) 425-6010; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas
77023-1486, (713) 767-3500.
(34) COMPANY: Thrif-Tee Foods, Inc.; DOCKET NUMBER: 2004-0028-PST-E; IDENTIFIER:
PST Facility Identification Number 65165, RN102403151; LOCATION: Blue Ridge,
Collin County, Texas; TYPE OF FACILITY: convenience store with retail sales
of gasoline; RULE VIOLATED: 30 TAC §334.8(c)(5)(A)(i), (B)(ii) and (C),
and the Code, §26.346(a), by failing to make available to a common carrier
a valid current delivery certificate, by failing to properly renew the UST
registration and self-certification form, and by failing to permanently tag
or label each UST fill tube; PENALTY: $2,208; ENFORCEMENT COORDINATOR: Rebecca
Clausewitz, (210) 490-3096; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth,
Texas 76118-6951, (817) 588-5800.
(35) COMPANY: Toshiba International Corporation; DOCKET NUMBER: 2003-1567-IWD-E;
IDENTIFIER: TPDES Permit Number 03153; LOCATION: Houston, Harris County, Texas;
TYPE OF FACILITY: plant that manufactures electric motors, inverters, and
other electrical products; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit
Number 03153, and the Code, §26.121(a), by failing to comply with the
total phosphorous daily average and maximum concentration, by failing to comply
with the chlorine residual maximum limit of four milligrams per liter (mg/L),
and failing to comply with the chlorine residual minimum limit of one mg/L;
and 30 TAC §290.51(a)(3), by failing to pay the public health service
fees; PENALTY: $4,864; ENFORCEMENT COORDINATOR: Pamela Campbell, (512) 239-4493;
REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023- 1486, (713)
767-3500.
(36) COMPANY: Sam Rector dba Town & Country MHP; DOCKET NUMBER: 2004-0092-PWS-
E; IDENTIFIER: PWS Number 2490029; LOCATION: Decatur, Wise County, Texas;
TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.45(b)(1)(E)(i)
and (ii), and THSC, §341.0315(c), by failing to provide a well capacity
of one gallon per minute per connection and by failing to provide a minimum
pressure tank capacity of 50 gallons per connection; 30 TAC §290.46(e),
(f), (i), (m)(1), (n)(2), (t), and (v) and THSC, §341.033(a), by failing
to operate the water system under the direct supervision of a licensed water
works operator, by failing to compile and maintain monthly operating reports,
by failing to adopt an adequate plumbing ordinance, regulations, or service
agreement, by failing to conduct annual pressure tank inspections, by failing
to maintain an accurate and up-to-date map of the distribution system, by
failing to post in plain view a legible sign at production, treatment, and
storage sites that provides the name of the water system and an emergency
telephone number, and by failing to install all water system electrical wiring
in a securely mounted conduit; 30 TAC §290.110(c)(5)(A) and (d)(3)(C)(ii),
by failing to perform chlorine residual tests and by failing to provide a
chlorine test kit; 30 TAC §290.42(i) and (k), by failing to provide American
National Standards Institute/National Sanitation Foundation certified bleach
and by failing to compile and maintain a plant operations manual; and 30 TAC §290.41(c)(3)(A)
and §290.46(n)(3), by failing to furnish and maintain copies of well
completion data; PENALTY: $2,940; ENFORCEMENT COORDINATOR: Elvia Maske, (512)
239-0789; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951,
(817) 588-5800.
(37) COMPANY: Vincent Robinson; DOCKET NUMBER: 2003-0445-LII-E; IDENTIFIER:
RN103665675; LOCATION: near Missouri City, Fort Bend County, Texas; TYPE OF
FACILITY: landscape irrigation; RULE VIOLATED: 30 TAC §30.5(a) and (b), §344.4(a),
and the Code, §34.007(a), by failing to obtain a license issued by the
commission as required before selling and installing an irrigation system;
PENALTY: $200; ENFORCEMENT COORDINATOR: Ronnie Kramer, (806) 353-9251; REGIONAL
OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(38) COMPANY: Vintage Petroleum, Inc.; DOCKET NUMBER: 2004-0440-AIR-E;
IDENTIFIER: Air Account Number CI-0189-J, RN102510757; LOCATION: near Baytown,
Chambers County, Texas; TYPE OF FACILITY: compressor station; RULE VIOLATED:
30 TAC §101.354(f) and THSC, §382.085(b), by allegedly allowing
emissions at a facility location to which allowances were not allocated; PENALTY:
$800; ENFORCEMENT COORDINATOR: Erika Fair (512) 239-6673; REGIONAL OFFICE:
5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(39) COMPANY: Williams Brothers Construction Co., Inc. dba Market Street
Precast Yard; DOCKET NUMBER: 2004-0292-WQ-E; IDENTIFIER: TPDES Multi-Sector
General Permit (MSGP) Number TXR05M585; LOCATION: Houston, Harris County,
Texas; TYPE OF FACILITY: concrete precast barrier manufacturing; RULE VIOLATED:
30 TAC §305.125(1) and TPDES MSGP Number TXR05M558, by failing to conduct
the annual comprehensive site evaluation of the effectiveness of the storm
water pollution prevention plan (SWP3) for the period of January 1 - December
31, 2002, by failing to maintain records documenting that the annual employee
training on the SWP3 was conducted for the period of January 1 - December
31, 2002, and by failing to conduct the annual hazardous metals monitoring
of the storm water discharges during the period of January 1 - December 31,
2002; PENALTY: $2,625; ENFORCEMENT COORDINATOR: Catherine Albrecht, (713)
767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486,
(713) 767-3500.
(40) COMPANY: ZR CO, INC.; DOCKET NUMBER: 2004-0247-PST-E; IDENTIFIER:
PST Registration Number 42829; LOCATION: Garland, Dallas County, Texas; TYPE
OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED:
30 TAC §115.245(2) and THSC, §382.085(b), by failing to verify proper
operation of Stage II equipment; PENALTY: $950; ENFORCEMENT COORDINATOR: Cari
Bing, (512) 239-1445; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas
76118-6951, (817) 588-5800.
(41) COMPANY: ConocoPhillips Company; DOCKET NUMBER: 2002-1028-IWD-E; IDENTIFIER:
TCEQ Permit Number 00721; LOCATION: near Sweeny, Brazoria County, Texas; TYPE
OF FACILITY: oil refinery; RULE VIOLATED: TCEQ Permit Number 00721, by failing
to comply with effluent quality limits; and 30 TAC §335.323 and THSC, §361.134,
by failing to pay all non- hazardous waste generation fees; PENALTY: $140,250;
ENFORCEMENT COORDINATOR: Michael Meyer, (512) 239-4492; REGIONAL OFFICE: 5425
Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
TRD-200403646
Paul C. Sarahan
Director, Litigation Division
Texas Commission on Environmental Quality
Filed: June 1, 2004
Request for Proposal--Community Youth Development
The Texas Department of Family and Protective Services (DFPS), Division
of Prevention and Early Intervention, is soliciting proposals to provide Community
Youth Development services. DFPS anticipates funding contracts in the Brownsville
78520 ZIP code. The Request for Proposal (RFP) was released on June 1, 2004,
and is posted on the State Internet Site at http://marketplace.state.tx.us.
Brief Description of Services
: The purpose
of this RFP is to solicit Community Youth Development (CYD) service providers
in the Brownsville 78520 ZIP code. CYD programs provide juvenile delinquency
prevention services to youth up to age 17 living in, or attending school in,
Texas ZIP codes identified as having high rates of juvenile crime. CYD programs
prevent juvenile delinquency by focusing on those aspects of communities,
families, and youth that if kept intact, reduce risk factors and promote positive
youth development. The contracts resulting from this procurement will be funded
and managed by DFPS.
Eligible Applicants
: Eligible offerors include
private nonprofit and for-profit corporations, cities, counties, state agencies/entities,
partnerships, and individuals. Historically Underutilized Business (HUBs),
Minority Business and Women's Enterprises, and Small Businesses are encouraged
to apply.
Limitations
: DFPS anticipates that $426,000
will be available for the contract period beginning September 1, 2004, and
ending August 31, 2005. The funding allocated for the contracts resulting
from this RFP is dependent on Legislative appropriation. Funding is not guaranteed
at the maximum level, or at any level. DFPS reserves the right to reject any
and all offers received in response to this RFP and to cancel this RFP if
it is deemed in the best interest of DFPS. DFPS also reserves the right to
re-procure this service.
If no acceptable responses are received, or no contract is entered into
as a result of this procurement, DFPS intends to procure by non-competitive
means in accordance with the law but without further notice to potential vendors.
Deadline for Proposals, Term of Contract, and Amount
of Award
: Proposals will be due July 6, 2004, at 3:00 p.m. The effective
date of contracts awarded under this RFP will be September 1, 2004, through
August 31, 2005.
Contact Person
: Potential offerors may obtain
a copy of the RFP on or about June 1, 2004. It is preferred that requests
for the RFP be submitted in writing (by mail or fax) to: Sundee McKnight;
Mail Code Y-956; Texas Department of Family and Protective Services; P.O.
Box 149030; Austin, Texas 78714-9030; Fax: 512-821-4767.
TRD-200403664
Phoebe Knauer
Acting General Counsel
Texas Department of Family and Protective Services
Filed: June 2, 2004
Notice of Approval of Coastal Boundary Survey
Pursuant to §33.136 of the Texas Natural Resources Code, notice is
hereby given that Jerry Patterson, Commissioner of the General Land Office,
approved a coastal boundary survey, filed as Nueces County NRC Art. 33.136
Sketch No. 7, submitted by David L. Nesbitt, a Licensed State Land Surveyor,
conducted in October of 2003 and January of 2004, locating the following shoreline
boundary:
The mean high water line of a portion of the shoreline of the R. S. Harvey
Survey 599, Nueces County, Texas.
For a copy of this survey, contact Archives & Records, Texas General
Land Office at 512-463-5277.
TRD-200403672
Larry L. Laine
Chief Clerk/Deputy Land Commissioner
General Land Office
Filed: June 2, 2004
Notice of Public Meetings and Video Conference for the Department of Aging and Disability Services
The Department of Aging and Disability Services (DADS) will conduct public
meetings and a video conference to discuss the progress on DADS transformation/consolidation,
the Legislative Appropriations Request (LAR) process, and DADS legislative
initiatives, as well as receive public comment.
The video conference format will be structured so attendees will sign in,
receive materials, and have public comment opportunities as in any public
meeting. A local staff host will be available for registration/sign-in and
to assist with logistics. The capacity of each room varies for each of the
locations.
Date:
June 24, 2004 (Thursday)
Topic:
DADS Transformation/Consolidation
Update
Time:
1:00 p.m. to 4:00 p.m.
Location:
Texas Department of Health Board
Room, 1100 West 40th Street, 7th Floor (Moreton Building), Austin, Texas
Contact:
Barrett Markland, (512) 438-5419
or barrett.markland@dhs.state.tx.us
Public comments following overview presentation
Date:
June 25, 2004 (Friday)
Topic:
DADS Legislative Initiatives and Legislative
Appropriations Request (LAR)
Time:
9:00 a.m. to noon
Location:
Texas Department of Health Board
Room, 1100 West 40th Street, 7th Floor (Moreton Building), Austin, Texas
Contact:
Barrett Markland, (512) 438-5419
or barrett.markland@dhs.state.tx.us
Public comments following overview presentation
Date:
June 30, 2004 (Wednesday)
Topic:
Video conference in six Texas cities--DADS
Transformation/Consolidation, Legislative Initiatives and Legislative Appropriations
Request (LAR)
Time:
3:00 p.m. to 6:00 p.m, sign-in begins
at 2:30 p.m.
Locations:
Arlington, Texas--1301 South Bowen Road, Room No. 2210
Local Host: Deborah Hill, (972) 337-6138
El Paso, Texas--401 East Franklin Street, 2nd floor
Local Host: Lynn Garner, (915) 834-7563
Harlingen, Texas--601 West Sesame Drive
Local Host: Dago Garza, (956) 316-8236
Houston, Texas--5425 Polk Street, Suite 470
Local Host: Hoxi Jones, (713) 767-2406
Lubbock, Texas--1109 Kemper Street
Local Host: Marisela Olivas, (806) 472-2510
San Antonio, Texas--7430 Louis Pasteur, Room 130
Local Host: Renee Barrett, (210) 619-8006
The public is invited to submit comments electronically at http://www.dads.state.tx.us/feedback.
Persons with disabilities planning to attend a meeting who need auxiliary
aids or services should call the local host/contact or T.D.D. at (512) 438-4313
no later than two days before the meeting date so that appropriate arrangements
can be made. Issued in Austin, Texas, on June 2, 2004.
TRD-200403669
Carey Smith
Deputy Commissioner, Legal Services
Texas Department of Human Services
Filed: June 2, 2004
Company Licensing
Application for admission to the State of Texas by LIFE OF THE SOUTH INSURANCE
COMPANY, a foreign fire and/or casualty company. The home office is in Nashville,
Georgia.
Application to change the name of ACCELERATION LIFE INSURANCE COMPANY to
PARKER CENTENNIAL ASSURANCE COMPANY, a foreign life, accident and/or health
company. The home office is in Newark, Ohio.
Application to change the name of SAFECO LIFE INSURANCE COMPANY to SYMETRA
LIFE INSURANCE COMPANY, a foreign life, accident and/or health company. The
home office is in Redmond, Washington.
Application to change the name of SAFECO NATIONAL LIFE INSURANCE COMPANY
to SYMETRA NATIONAL LIFE INSURANCE COMPANY, a foreign life, accident and/or
health company. The home office is in Redmond, Washington.
Any objections must be filed with the Texas Department of Insurance, addressed
to the attention of Godwin Ohaechesi, 333 Guadalupe Street, M/C 305-2C, Austin,
Texas, 78701, within 20 days after this notice is published in the
Texas Register
.
TRD-200403666
Gene C. Jarmon
General Counsel and Chief Clerk
Texas Department of Insurance
Filed: June 2, 2004
The Commissioner of Insurance, or his designee, will consider approval
of a rate filing request submitted by State Farm Fire and Casualty Company
proposing to use rates for private passenger automobile insurance that are
outside the upper or lower limits of the flexibility band promulgated by the
Commissioner of Insurance, pursuant to TEX. INS. CODE ANN. Article 5.101, §3(g).
The Company is requesting flex percentages +5.5 to +35.9 for only Collision
Coverage and -17.3 to +84.5 for all other coverages by territory for all classes.
The overall rate change is -2.0%.
Copies of the filing may be obtained by contacting Judy Deaver, at the
Texas Department of Insurance, Automobile/Homeowners Division, P.O. Box 149104,
Austin, Texas 78714-9104, telephone (512) 322-3478.
This filing is subject to Department approval without a hearing unless
a properly filed objection, pursuant to Article 5.101, §3(h), is made
with the Chief Actuary for P&C, Phil Presley, at the Texas Department
of Insurance, MC 105-5F, P.O. Box 149104, Austin, Texas 78701 by June 24,
2004.
TRD-200403641
Gene C. Jarmon
General Counsel
Texas Department of Insurance
Filed: May 28, 2004
The Commissioner of Insurance, or his designee, will consider approval
of a rate filing request submitted by State Farm Mutual Automobile Insurance
Company proposing to use rates for private passenger automobile insurance
that are outside the upper or lower limits of the flexibility band promulgated
by the Commissioner of Insurance, pursuant to TEX. INS. CODE ANN. Article
5.101, §3(g). The Company is requesting flex percentages -20.4 to +35.9
for Collision Coverage and -19 to +84.5 for all other coverages by territory
for all classes. The overall rate change is -2.20%.
Copies of the filing may be obtained by contacting Judy Deaver, at the
Texas Department of Insurance, Automobile/Homeowners Division, P.O. Box 149104,
Austin, Texas 78714-9104, telephone (512) 322-3478.
This filing is subject to Department approval without a hearing unless
a properly filed objection, pursuant to Article 5.101, §3(h), is made
with the Chief Actuary for P&C, Phil Presley, at the Texas Department
of Insurance, MC 105-5F, P.O. Box 149104, Austin, Texas 78701 by June 24,
2004.
TRD-200403642
Gene C. Jarmon
General Counsel and Chief Clerk
Texas Department of Insurance
Filed: May 28, 2004
Notice of Request for Proposals
The Legislative Budget Board (LBB) announces the issuance of a Request
for Proposals (RFP) from qualified, independent firms to provide consulting
services to the LBB. The successful respondent will assist the LBB in conducting
a management and performance review of The University of Texas at Austin.
The LBB reserves the right, in its sole discretion, to award one or more contracts
for this review. The successful respondent(s) will be expected to begin performance
of the contract or contracts, if any, on or about July 26, 2004, or as soon
thereafter as practical.
Contact: Parties interested in submitting a proposal should contact John
O'Brien, Deputy Director, Legislative Budget Board, 1501 North Congress, Fifth
Floor, Austin, Texas 78701, telephone number: (512) 463-1200, to obtain a
copy of the RFP. The LBB will mail copies of the RFP only to those specifically
requesting a copy. The RFP was made available for pick up at the above-referenced
address on May 26, 2004, between 10:00 a.m. and 5:00 p.m., Central Zone Time
(CZT), and during normal business hours thereafter. The LBB also made the
complete RFP available electronically on the Texas Marketplace at: http://esbd.tbpc.state.tx.us
after 10:00 a.m. CZT, on May 26, 2004.
Questions: All questions regarding the RFP must be sent via facsimile to
Mr. O'Brien at: (512) 475-2918, not later than 2:00 p.m. CZT, on June 4, 2004.
Official responses to questions received by the foregoing deadline will be
posted electronically on the Texas Marketplace no later than June 11, 2004,
or as soon thereafter as practical.
Closing Date: Proposals must be received in the issuing office at the address
specified above no later than 2:00 p.m. CZT, on July 9, 2004. Proposals received
after this time and date will not be considered. Respondents shall be solely
responsible for confirming the timely receipt of proposals.
Evaluation and Award Procedure: All proposals will be subject to evaluation
by a committee based on the evaluation criteria and procedures set forth in
the RFP. The LBB will make the final decision regarding the award of a contract
or contracts. The LBB reserves the right to award one or more contracts under
this RFP.
The LBB reserves the right to accept or reject any or all proposals submitted.
The LBB is under no legal or other obligation to execute any contracts on
the basis of this notice or the distribution of any RFP. The LBB shall not
pay for any costs incurred by any entity in responding to this Notice or the
RFP.
The anticipated schedule of events is as follows:
Issuance of RFP--May 26, 2004, 10:00 a.m. CZT;
All Questions Due--June 4, 2004, 2:00 p.m. CZT;
Official Responses to Questions Posted--June 11, 2004, or as soon thereafter
as practical;
Proposals Due--July 9, 2004, 2:00 p.m. CZT;
Contract Execution--July 26, 2004, or as soon thereafter as practical;
Commencement of Project Activities--July 26, 2004, or as soon thereafter
as practical.
TRD-200403576
John O'Brien
Deputy Director
Legislative Budget Board
Filed: May 26, 2004
Notice of Availability of Report Containing Proposed Revisions to Chapters 101-103, Government Code, Regarding Court Fees and Costs
As required by Section 104.002, Government Code, the Texas Legislative
Council has prepared a report of proposed updates and corrections to the index
of court fees and costs found in Chapters 101-103, Subtitle I, Government
Code. The purpose of the report is to conform Chapters 101-103 to legislation
that was enacted by the 78th Legislature in its Regular Session in 2003 or
in its 1st, 2nd, 3rd, or 4th Called Session in 2003 or 2004 and that amended
or repealed a law referenced by any of those chapters or added new law on
court fees and costs. The proposed revisions may also correct errors, renumber
or reorganize as needed, or make other nonsubstantive changes to improve the
accuracy and readability of the chapters.
The Texas Legislative Council requests all affected agencies and any other
interested person to read and submit comments or corrections to the report
by contacting Susan Alexander, Project Director, Index of Court Fees and Costs,
Texas Legislative Council, P.O. Box 12128, Capitol Station, Austin, Texas
78711, or by telephone at (512) 463-1155. Please submit all comments and suggested
changes not later than August 11, 2004.
The intended effective date of the actions proposed in the report is September
1, 2004. The actions do not become final until all comments have been considered
and an order issued by the revisor is filed with the secretary of state and
is published on the Texas Legislative Council's Internet site. The order takes
effect on the date stated in the order.
The report is available on the Texas Legislative Council's Internet site
under the Legal link at http://www.tlc.state.tx.us/tlc.htm. To request a hard
copy, please contact the project director at the address or telephone number
stated earlier in this notice.
TRD-200403671
Leonard Reese
General Counsel
Texas Legislative Council
Filed: June 2, 2004
Instant Game Number 450 "10 Times Lucky"
1.0 Name and Style of Game.
A. The name of Instant Game No. 450 is "10 TIMES LUCKY". The play style
is "key number match with 10X win".
1.1 Price of Instant Ticket.
A. Tickets for Instant Game No. 450 shall be $2.00 per ticket.
1.2 Definitions in Instant Game No. 450.
A. Display Printing - That area of the instant game ticket outside of the
area where the Overprint and Play Symbols appear.
B. Latex Overprint - The removable scratch-off covering over the Play Symbols
on the front of the ticket.
C. Play Symbol - The printed data under the latex on the front of the instant
ticket that is used to determine eligibility for a prize. Each Play Symbol
is printed in Symbol font in black ink in positive except for dual-image games.
The possible black play symbols are: 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12,
13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, MONEY BAG SYMBOL, $1.00, $2.00,
$5.00, $10.00, $20.00, $25.00, $50.00, $250, $2,500, and $25,000.
D. Play Symbol Caption - the printed material appearing below each Play
Symbol which explains the Play Symbol. One caption appears under each Play
Symbol and is printed in caption font in black ink in positive. The Play Symbol
Caption which corresponds with and verifies each Play Symbol is as follows:
E. Retailer Validation Code - Three (3) letters found under the removable
scratch-off covering in the play area, which retailers use to verify and validate
instant winners. The possible validation codes are:
Low-tier winning tickets use the required codes listed in Figure 2:16.
Non-winning tickets and high-tier tickets use a non-required combination of
the required codes listed in Figure 2:16 with the exception of ∅, which
will only appear on low-tier winners and will always have a slash through
it.
F. Serial Number - A unique 13 (thirteen) digit number appearing under
the latex scratch-off covering on the front of the ticket. There is a boxed
four (4) digit Security Number placed randomly within the Serial Number. The
remaining nine (9) digits of the Serial Number are the Validation Number.
The Serial Number is positioned beneath the bottom row of play data in the
scratched-off play area. The format will be: 0000000000000.
G. Low-Tier Prize - A prize of $2.00, $5.00, $10.00, $12.00 or $20.00.
H. Mid-Tier Prize - A prize of $25.00, $50.00 or $250.
I. High-Tier Prize - A prize of $2,500 or $25,000.
J. Bar Code - A 22 (twenty-two) character interleaved two (2) of five (5)
bar code which will include a three (3) digit game ID, the seven (7) digit
pack number, the three (3) digit ticket number and the nine (9) digit Validation
Number. The bar code appears on the back of the ticket.
K. Pack-Ticket Number - A 13 (thirteen) digit number consisting of the
three (3) digit game number (450), a seven (7) digit pack number, and a three
(3) digit ticket number. Ticket numbers start with 000 and end with 249 within
each pack. The format will be: 450-0000001-000.
L. Pack - A pack of "10 TIMES LUCKY" Instant Game tickets contains 250
tickets, packed in plastic shrink-wrapping and fanfolded in pages of two (2).
Tickets 000 and 001 will be on the top page; tickets 002 and 003 on the next
page; etc.; and tickets 248 and 249 will be on the last page. Please note
the books will be in a A - B configuration.
M. Non-Winning Ticket - A ticket which is not programmed to be a winning
ticket or a ticket that does not meet all of the requirements of these Game
Procedures, the State Lottery Act (Texas Government Code, Chapter 466), and
applicable rules adopted by the Texas Lottery pursuant to the State Lottery
Act and referenced in 16 TAC, Chapter 401.
N. Ticket or Instant Game Ticket, or Instant Ticket - A Texas Lottery "10
TIMES LUCKY" Instant Game No. 450 ticket.
2.0 Determination of Prize Winners. The determination of prize winners
is subject to the general ticket validation requirements set forth in Texas
Lottery Rule 401.302, Instant Game Rules, these Game Procedures, and the requirements
set out on the back of each instant ticket. A prize winner in the "10 TIMES
LUCKY" Instant Game is determined once the latex on the ticket is scratched
off to expose 22 (twenty-two) Play Symbols. If a player matches any of YOUR
NUMBERS play symbols to either LUCKY NUMBER play symbol, the player will win
prize shown for that number. If a player reveals a MONEY BAG SYMBOL the player
will win ten (10) times the prize shown automatically. No portion of the display
printing nor any extraneous matter whatsoever shall be usable or playable
as a part of the Instant Game.
2.1 Instant Ticket Validation Requirements.
A. To be a valid Instant Game ticket, all of the following requirements
must be met:
1. Exactly 22 (twenty-two) Play Symbols must appear under the latex overprint
on the front portion of the ticket;
2. Each of the Play Symbols must have a Play Symbol Caption underneath,
unless specified, and each Play Symbol must agree with its Play Symbol Caption;
3. Each of the Play Symbols must be present in its entirety and be fully
legible;
4. Each of the Play Symbols must be printed in black ink except for dual
image games;
5. The ticket shall be intact;
6. The Serial Number, Retailer Validation Code and Pack-Ticket Number must
be present in their entirety and be fully legible;
7. The Serial Number must correspond, using the Texas Lottery's codes,
to the Play Symbols on the ticket;
8. The ticket must not have a hole punched through it, be mutilated, altered,
unreadable, reconstituted or tampered with in any manner;
9. The ticket must not be counterfeit in whole or in part;
10. The ticket must have been issued by the Texas Lottery in an authorized
manner;
11. The ticket must not have been stolen, nor appear on any list of omitted
tickets or non-activated tickets on file at the Texas Lottery;
12. The Play Symbols, Serial Number, Retailer Validation Code and Pack-Ticket
Number must be right side up and not reversed in any manner;
13. The ticket must be complete and not miscut, and have exactly 22 (twenty-two)
Play Symbols under the latex overprint on the front portion of the ticket,
exactly one Serial Number, exactly one Retailer Validation Code, and exactly
one Pack-Ticket Number on the ticket;
14. The Serial Number of an apparent winning ticket shall correspond with
the Texas Lottery's Serial Numbers for winning tickets, and a ticket with
that Serial Number shall not have been paid previously;
15. The ticket must not be blank or partially blank, misregistered, defective
or printed or produced in error;
16. Each of the 22 (twenty-two) Play Symbols must be exactly one of those
described in Section 1.2.C of these Game Procedures.
17. Each of the 22 (twenty-two) Play Symbols on the ticket must be printed
in the Symbol font and must correspond precisely to the artwork on file at
the Texas Lottery; the ticket Serial Numbers must be printed in the Serial
font and must correspond precisely to the artwork on file at the Texas Lottery;
and the Pack-Ticket Number must be printed in the Pack-Ticket Number font
and must correspond precisely to the artwork on file at the Texas Lottery;
18. The display printing on the ticket must be regular in every respect
and correspond precisely to the artwork on file at the Texas Lottery; and
19. The ticket must have been received by the Texas Lottery by applicable
deadlines.
B. The ticket must pass all additional validation tests provided for in
these Game Procedures, the Texas Lottery's Rules governing the award of prizes
of the amount to be validated, and any confidential validation and security
tests of the Texas Lottery.
C. Any Instant Game ticket not passing all of the validation requirements
is void and ineligible for any prize and shall not be paid. However, the Executive
Director may, solely at the Executive Director's discretion, refund the retail
sales price of the ticket. In the event a defective ticket is purchased, the
only responsibility or liability of the Texas Lottery shall be to replace
the defective ticket with another unplayed ticket in that Instant Game (or
a ticket of equivalent sales price from any other current Instant Lottery
game) or refund the retail sales price of the ticket, solely at the Executive
Director's discretion.
2.2 Programmed Game Parameters.
A. Consecutive non-winning tickets will not have identical play data, spot
for spot.
B. No duplicate non-winning Your Numbers play symbol on a ticket.
C. No duplicate non-winning Lucky Numbers play symbol on a ticket.
D. No three (3) or more like non-winning prize symbols on a ticket.
E. No more than one pair of duplicate non-winning prize symbols on a ticket.
F. The multiplier symbol will only appear as dictated by the prize structure.
G. Non-winning prize symbols will never be the same as the winning prize
symbol(s).
H. No prize amount in a non-winning spot will correspond with the Your
Number play symbol (i.e. 5 and $5).
2.3 Procedure for Claiming Prizes.
A. To claim a "10 TIMES LUCKY" Instant Game prize of $2.00, $5.00, $10.00,
$12.00, $20.00, $25.00, $50.00 or $250, a claimant shall sign the back of
the ticket in the space designated on the ticket and present the winning ticket
to any Texas Lottery Retailer. The Texas Lottery Retailer shall verify the
claim and, if valid, and upon presentation of proper identification, make
payment of the amount due the claimant and physically void the ticket; provided
that the Texas Lottery Retailer may, but is not, in some cases, required to
pay a $25.00, $50.00 or $250, ticket. In the event the Texas Lottery Retailer
cannot verify the claim, the Texas Lottery Retailer shall provide the claimant
with a claim form and instruct the claimant on how to file a claim with the
Texas Lottery. If the claim is validated by the Texas Lottery, a check shall
be forwarded to the claimant in the amount due. In the event the claim is
not validated, the claim shall be denied and the claimant shall be notified
promptly. A claimant may also claim any of the above prizes under the procedure
described in Section 2.3.B and Section 2.3.C of these Game Procedures.
B. To claim a "10 TIMES LUCKY" Instant Game prize of $2,500 or $25,000,
the claimant must sign the winning ticket and present it at one of the Texas
Lottery's Claim Centers. If the claim is validated by the Texas Lottery, payment
will be made to the bearer of the validated winning ticket for that prize
upon presentation of proper identification. When paying a prize of $600 or
more, the Texas Lottery shall file the appropriate income reporting form with
the Internal Revenue Service (IRS) and shall withhold federal income tax at
a rate set by the IRS if required. In the event that the claim is not validated
by the Texas Lottery, the claim shall be denied and the claimant shall be
notified promptly.
C. As an alternative method of claiming a "10 TIMES LUCKY" Instant Game
prize, the claimant must sign the winning ticket, thoroughly complete a claim
form, and mail both to: Texas Lottery Commission, Post Office Box 16600, Austin,
Texas 78761-6600. The risk of sending a ticket remains with the claimant.
In the event that the claim is not validated by the Texas Lottery, the claim
shall be denied and the claimant shall be notified promptly.
D. Prior to payment by the Texas Lottery of any prize, the Texas Lottery
shall deduct a sufficient amount from the winnings of a person who has been
finally determined to be:
1. delinquent in the payment of a tax or other money collected by the Comptroller,
the Texas Workforce Commission, or Texas Alcoholic Beverage Commission;
2. delinquent in making child support payments administered or collected
by the Attorney General; or
3. delinquent in reimbursing the Texas Department of Human Services for
a benefit granted in error under the food stamp program or the program of
financial assistance under Chapter 31, Human Resources Code;
4. in default on a loan made under Chapter 52, Education Code; or
5. in default on a loan guaranteed under Chapter 57, Education Code.
E. If a person is indebted or owes delinquent taxes to the State, other
than those specified in the preceding paragraph, the winnings of a person
shall be withheld until the debt or taxes are paid.
2.4 Allowance for Delay of Payment. The Texas Lottery may delay payment
of the prize pending a final determination by the Executive Director, under
any of the following circumstances:
A. if a dispute occurs, or it appears likely that a dispute may occur,
regarding the prize;
B. if there is any question regarding the identity of the claimant;
C. if there is any question regarding the validity of the ticket presented
for payment; or
D. if the claim is subject to any deduction from the payment otherwise
due, as described in Section 2.3.D of these Game Procedures. No liability
for interest for any delay shall accrue to the benefit of the claimant pending
payment of the claim.
2.5 Payment of Prizes to Persons Under 18. If a person under the age of
18 years is entitled to a cash prize of less than $600 from the "10 TIMES
LUCKY" Instant Game, the Texas Lottery shall deliver to an adult member of
the minor's family or the minor's guardian a check or warrant in the amount
of the prize payable to the order of the minor.
2.6 If a person under the age of 18 years is entitled to a cash prize of
more than $600 from the "10 TIMES LUCKY" Instant Game, the Texas Lottery shall
deposit the amount of the prize in a custodial bank account, with an adult
member of the minor's family or the minor's guardian serving as custodian
for the minor.
2.7 Instant Ticket Claim Period. All Instant Game prizes must be claimed
within 180 days following the end of the Instant Game or within the applicable
time period for certain eligible military personnel as set forth in Texas
Government Code Section 466.408. Any prize not claimed within that period,
and in the manner specified in these Game Procedures and on the back of each
ticket, shall be forfeited.
2.8 Disclaimer. The number of prizes in a game is approximate based on
the number of tickets ordered. The number of actual prizes available in a
game may vary based on number of tickets manufactured, testing, distribution,
sales and number of prizes claimed.
3.0 Instant Ticket Ownership.
A. Until such time as a signature is placed upon the back portion of an
Instant Game ticket in the space designated, a ticket shall be owned by the
physical possessor of said ticket. When a signature is placed on the back
of the ticket in the space designated, the player whose signature appears
in that area shall be the owner of the ticket and shall be entitled to any
prize attributable thereto. Notwithstanding any name or names submitted on
a claim form, the Executive Director shall make payment to the player whose
signature appears on the back of the ticket in the space designated. If more
than one name appears on the back of the ticket, the Executive Director will
require that one of those players whose name appears thereon be designated
by such players to receive payment.
B. The Texas Lottery shall not be responsible for lost or stolen Instant
Game tickets and shall not be required to pay on a lost or stolen Instant
Game ticket.
4.0 Number and Value of Instant Prizes. There will be approximately 11,
040,000 tickets in the Instant Game No. 450. The approximate number and value
of prizes in the game are as follows:
A. The actual number of tickets in the game may be increased or decreased
at the sole discretion of the Texas Lottery.
5.0 End of the Instant Game. The Executive Director may, at any time, announce
a closing date (end date) for the Instant Game No. 450 without advance notice,
at which point no further tickets in that game may be sold.
6.0 Governing Law. In purchasing an Instant Game ticket, the player agrees
to comply with, and abide by, these Game Procedures for Instant Game No. 450,
the State Lottery Act (Texas Government Code, Chapter 466), applicable rules
adopted by the Texas Lottery pursuant to the State Lottery Act and referenced
in 16 TAC, Chapter 401, and all final decisions of the Executive Director.
TRD-200403645
Kimberly L. Kiplin
General Counsel
Texas Lottery Commission
Filed: June 1, 2004
1.0 Name and Style of Game.
A. The name of Instant Game No. 457 is "CORVETTE CASH". The play style
is "key number match with auto win".
1.1 Price of Instant Ticket.
A. Tickets for Instant Game No. 457 shall be $5.00 per ticket.
1.2 Definitions in Instant Game No. 457.
A. Display Printing - That area of the instant game ticket outside of the
area where the Overprint and Play Symbols appear.
B. Latex Overprint - The removable scratch-off covering over the Play Symbols
on the front of the ticket.
C. Play Symbol - The printed data under the latex on the front of the instant
ticket that is used to determine eligibility for a prize. Each Play Symbol
is printed in Symbol font in black ink in positive except for dual-image games.
The possible black play symbols are: 1, 2, 3, 4, 5, 6,7, 8, 9, 10, 11, 12,
13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28 , 29, 30, 31,
32, 33, 34, 35, 36, 37, 38, 39, CAR SYMBOL, $1.00, $5.00, $10.00 $15.00, $20.00
$25.00, $40.00, $50.00, $100, $500, $1,000, $25,000 and CORVETTE.
D. Play Symbol Caption - the printed material appearing below each Play
Symbol which explains the Play Symbol. One caption appears under each Play
Symbol and is printed in caption font in black ink in positive. The Play Symbol
Caption which corresponds with and verifies each Play Symbol is as follows:
E. Retailer Validation Code - Three (3) letters found under the removable
scratch-off covering in the play area, which retailers use to verify and validate
instant winners. The possible validation codes are:
Low-tier winning tickets use the required codes listed in Figure 2:16.
Non-winning tickets and high-tier tickets use a non-required combination of
the required codes listed in Figure 2:16 with the exception of ∅, which
will only appear on low-tier winners and will always have a slash through
it.
F. Serial Number - A unique 13 (thirteen) digit number appearing under
the latex scratch-off covering on the front of the ticket. There is a boxed
four (4) digit Security Number placed randomly within the Serial Number. The
remaining nine (9) digits of the Serial Number are the Validation Number.
The Serial Number is positioned beneath the bottom row of play data in the
scratched-off play area. The format will be: 0000000000000.
G. Low-Tier Prize - A prize of $5.00, $10.00, $15.00 or $20.00.
H. Mid-Tier Prize - A prize of $40.00, $50.00, $100 or $500.
I. High-Tier Prize - A prize of $1,000, $25,000 or Corvette Convertible.
J. Bar Code - A 22 (twenty-two) character interleaved two (2) of five (5)
bar code which will include a three (3) digit game ID, the seven (7) digit
pack number, the three (3) digit ticket number and the nine (9) digit Validation
Number. The bar code appears on the back of the ticket.
K. Pack-Ticket Number - A 13 (thirteen) digit number consisting of the
three (3) digit game number (457), a seven (7) digit pack number, and a three
(3) digit ticket number. Ticket numbers start with 000 and end with 074 within
each pack. The format will be: 457-0000001-000.
L. Pack - A pack of "CORVETTE CASH" Instant Game tickets contains 75 tickets,
packed in plastic shrink-wrapping and fanfolded in pages of one (1). The packs
will alternate. One will show the front of ticket 000 and back of 074 while
the other fold will show the back of ticket 000 and front of 074.
M. Non-Winning Ticket - A ticket which is not programmed to be a winning
ticket or a ticket that does not meet all of the requirements of these Game
Procedures, the State Lottery Act (Texas Government Code, Chapter 466), and
applicable rules adopted by the Texas Lottery pursuant to the State Lottery
Act and referenced in 16 TAC, Chapter 401.
N. Ticket or Instant Game Ticket, or Instant Ticket - A Texas Lottery "CORVETTE
CASH" Instant Game No. 457 ticket.
2.0 Determination of Prize Winners. The determination of prize winners
is subject to the general ticket validation requirements set forth in Texas
Lottery Rule 401.302, Instant Game Rules, these Game Procedures, and the requirements
set out on the back of each instant ticket. A prize winner in the "CORVETTE
CASH" Instant Game is determined once the latex on the ticket is scratched
off to expose 44 (forty-four) Play Symbols. Match YOUR NUMBERS play symbols
to any of the WINNING NUMBERS play symbols, win prize shown for that number.
If a player reveals a CAR SYMBOL, the player wins the Corvette Convertible
instantly. No portion of the display printing nor any extraneous matter whatsoever
shall be usable or playable as a part of the Instant Game.
2.1 Instant Ticket Validation Requirements.
A. To be a valid Instant Game ticket, all of the following requirements
must be met:
1. Exactly 44 (forty-four) Play Symbols must appear under the latex overprint
on the front portion of the ticket;
2. Each of the Play Symbols must have a Play Symbol Caption underneath,
unless specified, and each Play Symbol must agree with its Play Symbol Caption;
3. Each of the Play Symbols must be present in its entirety and be fully
legible;
4. Each of the Play Symbols must be printed in black ink except for dual
image games;
5. The ticket shall be intact;
6. The Serial Number, Retailer Validation Code and Pack-Ticket Number must
be present in their entirety and be fully legible;
7. The Serial Number must correspond, using the Texas Lottery's codes,
to the Play Symbols on the ticket;
8. The ticket must not have a hole punched through it, be mutilated, altered,
unreadable, reconstituted or tampered with in any manner;
9. The ticket must not be counterfeit in whole or in part;
10. The ticket must have been issued by the Texas Lottery in an authorized
manner;
11. The ticket must not have been stolen, nor appear on any list of omitted
tickets or non-activated tickets on file at the Texas Lottery;
12. The Play Symbols, Serial Number, Retailer Validation Code and Pack-Ticket
Number must be right side up and not reversed in any manner;
13. The ticket must be complete and not miscut, and have exactly 44 (forty-four)
Play Symbols under the latex overprint on the front portion of the ticket,
exactly one Serial Number, exactly one Retailer Validation Code, and exactly
one Pack-Ticket Number on the ticket;
14. The Serial Number of an apparent winning ticket shall correspond with
the Texas Lottery's Serial Numbers for winning tickets, and a ticket with
that Serial Number shall not have been paid previously;
15. The ticket must not be blank or partially blank, misregistered, defective
or printed or produced in error;
16. Each of the 44 (forty-four) Play Symbols must be exactly one of those
described in Section 1.2.C of these Game Procedures.
17. Each of the 44 (forty-four) Play Symbols on the ticket must be printed
in the Symbol font and must correspond precisely to the artwork on file at
the Texas Lottery; the ticket Serial Numbers must be printed in the Serial
font and must correspond precisely to the artwork on file at the Texas Lottery;
and the Pack-Ticket Number must be printed in the Pack-Ticket Number font
and must correspond precisely to the artwork on file at the Texas Lottery;
18. The display printing on the ticket must be regular in every respect
and correspond precisely to the artwork on file at the Texas Lottery; and
19. The ticket must have been received by the Texas Lottery by applicable
deadlines.
B. The ticket must pass all additional validation tests provided for in
these Game Procedures, the Texas Lottery's Rules governing the award of prizes
of the amount to be validated, and any confidential validation and security
tests of the Texas Lottery.
C. Any Instant Game ticket not passing all of the validation requirements
is void and ineligible for any prize and shall not be paid. However, the Executive
Director may, solely at the Executive Director's discretion, refund the retail
sales price of the ticket. In the event a defective ticket is purchased, the
only responsibility or liability of the Texas Lottery shall be to replace
the defective ticket with another unplayed ticket in that Instant Game (or
a ticket of equivalent sales price from any other current Instant Lottery
game) or refund the retail sales price of the ticket, solely at the Executive
Director's discretion.
2.2 Programmed Game Parameters.
A. Consecutive non-winning tickets will not have identical play data, spot
for spot.
B. No more than 2 (two) duplicate non-winning prize symbols.
C. No duplicate non-winning YOUR NUMBER play symbols.
D. No duplicate WINNING NUMBERS play symbols.
E. No prize amount in a non-winning spot will correspond with the YOUR
NUMBER play symbol (i.e. 5 and $5).
2.3 Procedure for Claiming Prizes.
A. To claim a "CORVETTE CASH" Instant Game prize of $5.00, $10.00, $15.00,
$20.00, $40.00, $50.00, $100 or $500, a claimant shall sign the back of the
ticket in the space designated on the ticket and present the winning ticket
to any Texas Lottery Retailer. The Texas Lottery Retailer shall verify the
claim and, if valid, and upon presentation of proper identification, make
payment of the amount due the claimant and physically void the ticket; provided
that the Texas Lottery Retailer may, but is not, in some cases, required to
pay a $40.00, $50.00, $100 or $500 ticket. In the event the Texas Lottery
Retailer cannot verify the claim, the Texas Lottery Retailer shall provide
the claimant with a claim form and instruct the claimant on how to file a
claim with the Texas Lottery. If the claim is validated by the Texas Lottery,
a check shall be forwarded to the claimant in the amount due. In the event
the claim is not validated, the claim shall be denied and the claimant shall
be notified promptly. A claimant may also claim any of the above prizes under
the procedure described in Section 2.3.B and Section 2.3.C of these Game Procedures.
B. To claim a "CORVETTE CASH" Instant Game prize of $1,000 or $25,000,
the claimant must sign the winning ticket and present it at one of the Texas
Lottery's Claim Centers. If the claim is validated by the Texas Lottery, payment
will be made to the bearer of the validated winning ticket for that prize
upon presentation of proper identification. When paying a prize of $600 or
more, the Texas Lottery shall file the appropriate income reporting form with
the Internal Revenue Service (IRS) and shall withhold federal income tax at
a rate set by the IRS if required. In the event that the claim is not validated
by the Texas Lottery, the claim shall be denied and the claimant shall be
notified promptly.
C. To claim the top prize of a Corvette Convertible car, the claimant must
sign the winning ticket, thoroughly complete a claim form, and present both
at any Texas Lottery Claim Center. The claimant must also present a valid
driver's license and proof of automobile liability insurance. Any costs incurred
to take possession of the car shall be responsibility of the prizewinner.
When awarding the top non-cash prize, the Texas Lottery shall file the appropriate
income reporting form with the Internal Revenue Service (IRS) and shall pay
the federal income tax at a rate set by the IRS for withholding, if required.
D. As an alternative method of claiming a "CORVETTE CASH" Instant Game
cash prize, the claimant must sign the winning ticket, thoroughly complete
a claim form, and mail both to: Texas Lottery Commission, Post Office Box
16600, Austin, Texas 78761-6600. The risk of sending a ticket remains with
the claimant. In the event that the claim is not validated by the Texas Lottery,
the claim shall be denied and the claimant shall be notified promptly.
E. Prior to payment by the Texas Lottery of any prize, the Texas Lottery
shall deduct a sufficient amount from the winnings of a person who has been
finally determined to be:
1. delinquent in the payment of a tax or other money collected by the Comptroller,
the Texas Workforce Commission, or Texas Alcoholic Beverage Commission;
2. delinquent in making child support payments administered or collected
by the Attorney General; or
3. delinquent in reimbursing the Texas Department of Human Services for
a benefit granted in error under the food stamp program or the program of
financial assistance under Chapter 31, Human Resources Code;
4. in default on a loan made under Chapter 52, Education Code; or
5. in default on a loan guaranteed under Chapter 57, Education Code.
E. If a person is indebted or owes delinquent taxes to the State, other
than those specified in the preceding paragraph, the winnings of a person
shall be withheld until the debt or taxes are paid.
2.4 Allowance for Delay of Payment. The Texas Lottery may delay payment
of the prize pending a final determination by the Executive Director, under
any of the following circumstances:
A. if a dispute occurs, or it appears likely that a dispute may occur,
regarding the prize;
B. if there is any question regarding the identity of the claimant;
C. if there is any question regarding the validity of the ticket presented
for payment; or
D. if the claim is subject to any deduction from the payment otherwise
due, as described in Section 2.3.D of these Game Procedures. No liability
for interest for any delay shall accrue to the benefit of the claimant pending
payment of the claim.
2.5 Payment of Prizes to Persons Under 18. If a person under the age of
18 years is entitled to a cash prize of less than $600 from the "CORVETTE
CASH" Instant Game, the Texas Lottery shall deliver to an adult member of
the minor's family or the minor's guardian a check or warrant in the amount
of the prize payable to the order of the minor.
2.6 If a person under the age of 18 years is entitled to a cash prize of
more than $600 from the "CORVETTE CASH" Instant Game, the Texas Lottery shall
deposit the amount of the prize in a custodial bank account, with an adult
member of the minor's family or the minor's guardian serving as custodian
for the minor.
2.7 If a person under the age of 21 years is entitled to a non-cash prize
from the "CORVETTE CASH" Instant Game, the Texas Lottery shall pay the cash
equivalent of the prize by depositing the amount, less any withholding, in
a custodial bank account, with an adult member of the minor's family or the
minor's guardian serving as custodian for the minor. The cash equivalent of
the non-cash prize is $74,931. The Texas Lottery shall file the appropriate
income reporting form with the Internal Revenue Service (IRS) and shall withhold
federal income tax at a rate set by the IRS, if required.
2.8 Instant Ticket Claim Period. All Instant Game prizes must be claimed
within 180 days following the end of the Instant Game or within the applicable
time period for certain eligible military personnel as set forth in Texas
Government Code Section 466.408. Any prize not claimed within that period,
and in the manner specified in these Game Procedures and on the back of each
ticket, shall be forfeited.
2.9 Disclaimer. The number of prizes in a game is approximate based on
the number of tickets ordered. The number of actual prizes available in a
game may vary based on number of tickets manufactured, testing, distribution,
sales and number of prizes claimed.
3.0 Instant Ticket Ownership.
A. Until such time as a signature is placed upon the back portion of an
Instant Game ticket in the space designated, a ticket shall be owned by the
physical possessor of said ticket. When a signature is placed on the back
of the ticket in the space designated, the player whose signature appears
in that area shall be the owner of the ticket and shall be entitled to any
prize attributable thereto. Notwithstanding any name or names submitted on
a claim form, the Executive Director shall make payment to the player whose
signature appears on the back of the ticket in the space designated. If more
than one name appears on the back of the ticket, the Executive Director will
require that one of those players whose name appears thereon be designated
by such players to receive payment.
B. The Texas Lottery shall not be responsible for lost or stolen Instant
Game tickets and shall not be required to pay on a lost or stolen Instant
Game ticket.
4.0 Number and Value of Instant Prizes. There will be approximately 5,040,000
tickets in the Instant Game No. 457. The approximate number and value of prizes
in the game are as follows:
A. The actual number of tickets in the game may be increased or decreased
at the sole discretion of the Texas Lottery.
5.0 End of the Instant Game. The Executive Director may, at any time, announce
a closing date (end date) for the Instant Game No. 457 without advance notice,
at which point no further tickets in that game may be sold.
6.0 Governing Law. In purchasing an Instant Game ticket, the player agrees
to comply with, and abide by, these Game Procedures for Instant Game No. 457,
the State Lottery Act (Texas Government Code, Chapter 466), applicable rules
adopted by the Texas Lottery pursuant to the State Lottery Act and referenced
in 16 TAC, Chapter 401, and all final decisions of the Executive Director.
TRD-200403644
Kimberly L. Kiplin
General Counsel
Texas Lottery Commission
Filed: June 1, 2004
Invitation for Bids
The Panhandle Regional Planning Commission (PRPC) is soliciting bids for
a contract to purchase ten (10) personal computers (PCs) and related equipment.
To comply with our funding agency’s requirements, PRPC will only
accept bids for PCs produced by a Tier1/Tier2 manufacturer as designated by
the Gartner Group. Tier 1/Tier 2 manufacturers include: Acer, AST, Compaq,
Digital, Dell, Gateway, HP, IBM, Micron, NEC, Unisys and Zenith Data Systems.
Bid specifications may be obtained Monday through Friday, 8:00 a.m. to
5:00 p.m., at 415 West Eighth Ave., Amarillo, Texas 79101. For further information,
please contact Leslie Hardin, Facilities Coordinator at (806) 372-3381 or
lhardin@prpc.cog.tx.us or Mark Dubina, IT Manager at (806) 372-3381 or mdubina@prpc.cog.tx.us.
Bids must be submitted to the Panhandle Regional Planning Commission no
later than 5:00 p.m., June 16, 2004. Bids received after the indicated date
and time will not be accepted or considered for award. PRPC reserves the right
to reject any and all bids, to waive any irregularities in any bids or in
the bidding process, and may accept the bid or bids deemed to be in its best
interest.
TRD-200403667
Leslie Hardin
Facilities Coordinator
Panhandle Regional Planning Commission
Filed: June 2, 2004
Notice of Availability and Request for Public Comment
Proposed Settlement Agreement and Draft Natural Resource Restoration Plans
and Coastal Management Plan Consistency Determination
AGENCIES: Texas Parks and Wildlife Department (TPWD), Texas Commission
on Environmental Quality (TCEQ), Texas General Land Office (GLO) and the United
States Department of the Interior (DOI) (hereafter, Natural Resource Trustees).
ACTION: Notice of availability of proposed Settlement Agreement and two
Draft Restoration Plan and Environmental Analyses for services lost from impacted
upper saltmarsh and freshwater habitats and of a thirty- (30) day period for
public comment on the Agreement, Restoration Plans and the Federal Consistency
Determinations under the Texas Coastal Management Program beginning the date
of publication of this notice.
SUMMARY: A phased restoration strategy has been implemented to compensate
for injuries to estuarine natural resources resulting from the October 8,
1994 crude oil spill into Gum Hollow Creek, Nueces Bay and Corpus Christi
Bay from a pipeline owned and operated by Koch Pipeline Co., L.P. (Koch).
The phased strategy consists of four physically related but temporally distinct
restoration activities that address the restoration of estuarine emergent
wetland, estuarine upper saltmarsh, and freshwater riparian habitats injured
as a result of the discharge of crude oil. Notice is hereby given that the
following documents describing the terms of the Settlement, overall phased
approach and providing specifics for the second and fourth restoration phases
for estuarine upper saltmarsh and freshwater riparian resources are hereby
made available for public review and comment for a period of 30 days:
1. Settlement Agreement for Natural Resource Damages, Koch Pipeline Company,
L.P., Crude Oil Pipeline Release on or about October 8, 1994.
2. Draft - Phase II Natural Resource Restoration Plan/Environmental Analysis,
Koch Oil Spill, Corpus Christi, Texas; and
3. Draft - Phase IV Natural Resource Restoration Plan/Environmental Analysis,
Koch Oil Spill, Corpus Christi, Texas;
4. Federal Consistency Determination for each of the Restoration Plans
and Environmental Analyses (RP/EAs)
The proposed Settlement Agreement and Draft RP/EAs call for Koch to undertake
the preservation in perpetuity of 13.8 acres of upper saltmarsh and 10.8 acres
of freshwater riparian habitats on a parcel of land adjacent to the Nueces
River west of IH-37 In addition, the Settlement Agreement calls for Koch to
undertake the construction of 2.29 acres of intertidal smooth cordgrass (Spartina
alterniflora) wetlands on the shoreline of islands in south east Nueces Bay
off Indian point and adjacent to the Gum Hollow Creek delta located on the
north east shoreline of Nueces Bay. The construction of intertidal wetlands
was previously noticed and made available for public comment via the Texas
Register as Phase I and III RP/EAs of the phased restoration strategy published
June 28, 1996 and April 3, 1998, respectively. Public comment is not being
accepted on these previously noticed RP/EAs.
The opportunity for public review and comment on the proposed Settlement
Agreement and RP/EAs announced in this notice is required under the Oil Pollution
Act 33 U.S.C. 2706(c)(5), and parallels provisions of 15 CFR 990.14 (d) and
990.55 of the federal Natural Resource Damage Assessment regulations.
The Federal Consistency Determinations for the Draft RP/EAs outline the
basis for DOI’s determinations that the restoration actions described
in the Draft RP/EAs are consistent to the maximum extent possible, and will
be undertaken in a manner consistent with, the applicable policies of the
Texas Coastal Management Plan (TCMP). Under federal law, federal agency activities
and actions affecting the Texas coastal zone must be consistent with the goals
and policies of the TCMP identified in 31 Texas Administrative Code (TAC)
Chapter 501. Under 31 TAC Section 506.2(c), a determination of consistency
with the TCMP must be made by the federal trustees for natural resource damage
assessment and restoration plans that are the product of a joint cooperative
natural resource damage assessment by state and federal trustees. Review of
the Federal Consistency Determination is delegated to the State Trustee agencies
(TPWD, TCEQ and the GLO).
Interested members of the public are invited to request a copy of the proposed
Settlement Agreement, Draft RP/EAs and the Consistency Determinations from
Don Pitts of the Texas Parks and Wildlife Department, Resource Protection
Division, 4200 Smith School Road, Austin, Texas 78744, (512) 912-7156, Fax:
(512) 912-7160, e-mail: don.pitts@tpwd.state.tx.us.
DATES: Comments must be submitted in writing within 30 days of the publication
of this notice to Don Pitts of the Texas Parks and Wildlife Department at
the address listed in the previous paragraph. The Natural Resource Trustees
will consider all written comments received during the 30-day comment period
prior to finalizing the Draft Settlement Agreement and RP/EAs. The State Trustees
will consider all comments received during the public comment period in their
evaluation of the Federal Consistency Determination for the Draft RP/EAs and
will, depending on the comments received, submit a letter of concurrence to
the Federal Trustees.
SUPPLEMENTARY INFORMATION: On Saturday, October 8, 1994, a crude oil discharge
from a Koch pipeline was discovered in Gum Hollow Creek, San Patricio County,
Texas. A total of approximately 2,151 barrels (90,342 gallons) of oil were
discharged from the pipeline. Heavy rains caused the water level in Gum Hollow
Creek to rise. Portions of the discharged oil exited Gum Hollow Creek and
eventually entered Nueces Bay and Corpus Christi Bay. Excluding open water
areas, approximately 27 acres of habitat were oiled to varying degrees during
the incident.
Numerous natural resources were affected as a result of the discharge.
A kill affecting almost 15,000 fish and aquatic macroinvertebrates was observed
in the lower Gum Hollow Creek and delta area. Significant portions of existing
freshwater and estuarine habitats were impacted by the discharge. Services
provided by these resources such as erosion control, food, shelter and nursery
value were also impaired or lost.
The Natural Resource Trustees have the authority under OPA (33 U.S.C. Section
2701 et seq.) to assess the natural resource injuries resulting from this
incident. The TPWD, TNRCC, GLO and DOI are Trustees of the natural resources
injured by the discharge from the KPC pipeline pursuant to OPA, 33 U.S.C.
Section 2706 (b).
The Natural Resource Trustees have determined that resources subject to
their trust authority under these Acts were exposed to crude oil as a result
of the discharge. The quantity and concentration of the material discharged
was sufficient to result in the impairment of exposed habitats. Consequently
the Trustees are seeking the restoration of estuarine emergent wetlands, estuarine
upper saltmarsh, and freshwater riparian habitats described in the proposed
Settlement Agreement and RP/EAs.
The Draft Settlement Agreement and RP/EAs announced today present the restoration
actions which the Trustees propose to undertake in order to effect restoration,
rehabilitation, replacement, or acquisition of resources or resource services
that were injured by the spill. The Restoration Plans are in the form of an
Environmental Analysis and, as such, are used as planning documents for the
Federal Trustees to use to decide on final restoration plans (as required
by the National Environmental Policy Act 42 U.S.C. 4321, et seq.).
For further information, contact Don Pitts at (512) 912-7156, fax: (512)
912-7160, email: don.pitts@tpwd.state.tx.us.
TRD-200403647
Gene McCarty
Chief of Staff
Texas Parks and Wildlife Department
Filed: June 1, 2004
Proposed Natural Resource Settlement Agreement and Restoration Plan
AGENCIES: Texas Parks and Wildlife Department, Texas Commission on Environmental
Quality, and Texas General Land Office; (collectively the Natural Resource
Trustees).
ACTION: Notice of Availability of a proposed Settlement Agreement and Draft
Restoration Plan associated with the May 12, 1997, Koch Pipeline Company oil
spill in Refugio County and of a 30-day period for public comment on these
documents.
SUMMARY: Notice is hereby given that two documents entitled "Koch Pipeline
Company May 12, 1997 Oil Spill Restoration Plan, Refugio County, Texas" and
"Settlement Agreement For Natural Resource Damages, Koch Pipeline Company,
L.P. Crude Oil Pipeline Release On Or About May 12, 1997" are available for
public review and comment. These documents have been prepared by the Natural
Resource Trustees to address injured natural resources impaired by the May
12, 1997, discharge of crude oil from a pipeline belonging to Koch Pipeline
Company (Koch) in Refugio County, Texas. The Natural Resource Trustees have
reached a proposed agreement with Koch to resolve Koch’s liability under
the Oil Pollution Act of 1990 (OPA) and the Texas Oil Spill Prevention and
Response Act (OSPRA) for injuries to natural resources and the ecological
services they provide caused by the May 12, 1997, discharge of crude oil.
The opportunity for public review and comment on the proposed Settlement
Agreement and Draft Restoration Plan announced in this notice is required
under OPA and OSPRA.
To receive a copy of the proposed Settlement Agreement and Draft Restoration
Plan, interested members of the public are invited to contact Don Pitts of
the Texas Parks and Wildlife Department, Resource Protection Division, 4200
Smith School Road, Austin, Texas 78744, (512) 912-7156, Fax: (512) 912-7160,
e-mail: don.pitts@tpwd.state.tx.us.
DATES: Comments must be submitted in writing within 30 days of the publication
of this notice to Don Pitts of the Texas Parks and Wildlife Department at
the address listed in the previous paragraph. The Natural Resource Trustees
will consider all written comments prior to finalizing the proposed Settlement
Agreement and Draft Restoration Plan.
SUPPLEMENTARY INFORMATION: On May 12, 1997, a 10-inch pipeline belonging
to Koch ruptured, losing in excess of 1200 barrels of light crude oil. The
discharge affected a 40-acre wetland located on the J. E. Ford Ranch in Refugio
County, adjacent to the Aransas River, 1.5 miles south of Farm Road 1360 and
three miles upstream of the confluence of the Aransas River and Copano Bay.
Approximately 10 acres of the wetland were impacted by the discharge. Oil
removal and cleanup operations took place from May 12, 1997, to May 15, 1997.
The cleaning operation ended following two in-situ burns on May 14, 1997 and
May 15, 1997.
The discharge impaired ecological services provided by a wetland habitat
classified as Estuarine Inter-tidal, Emergent, Persistent, and Irregularly
Flooded Wetland. The Trustees documented the impact of the incident on the
wetland’s biotic community. The oil spill and response actions, including
the in-situ burn, stressed, adversely impacted and destroyed wetland organisms,
and interrupted ecological services provided by the wetlands to birds and
other biota. Because the quantity and concentration of the released oil resulted
in injury to trust resources, the Natural Resource Trustees are seeking compensation
for natural resource damages.
The proposed Settlement Agreement and Restoration Plan require Koch to
acquire a 335-acre tract of land, located on the Aransas River in San Patricio
County, Texas. This site was selected as the preferred site for preservation
due to the quality of its vegetative and hydrological characteristics and
similarity to habitats injured in the discharge. Details describing the injury
assessment and the review of potential restoration options are found in the
Restoration Plan.
Koch will be required to grant a conservation easement on the property
to preserve ecological services associated with the parcel in perpetuity.
Koch is further required to provide a fund to manage the conservation easement.
Koch must also pay the Trustees past assessment costs. Terms of the conservation
easement are described in the Settlement Agreement.
TRD-200403648
Gene McCarty
Chief of Staff
Texas Parks and Wildlife Department
Filed: June 1, 2004
Notice of Application for Amendment to Service Provider Certificate of Operating Authority
On May 27, 2004, Grande Communications and Advantex Communications filed
an application with the Public Utility Commission of Texas (commission) to
consolidate four service provider certificates of operating authority (SPCOAs)
into SPCOA Certificate Number 60341, and relinquish SPCOA Numbers 60341A,
60097, and 60097A.
The Application: Application of Grande Communications and Advantex Communications
to Consolidate and Relinquish Service Provider Certificates of Operating Authority,
Docket Number 29793.
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
June 16, 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 29793.
TRD-200403653
Adriana Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: June 1, 2004
Notice is given to the public of the filing with the Public Utility Commission
of Texas (commission) of an application on May 24, 2004 for approval of tariff
revisions pursuant to P.U.C. Procedural Rule §22.263(d).
Docket Title and Number: Application of Panhandle Telephone Cooperative,
Incorporated for Approval of Tariff Revisions Pursuant to P.U.C. Procedural
Rule §22.263(d) Docket Number 29782.
The Application: Panhandle Telephone Cooperative, Incorporated (PTCI) filed
an application for approval of tariff revisions pursuant to P.U.C. Procedural
Rule §22.263(d). PTCI requests the commission adopt the new optional
service, Call Wake Up Service, approved by Oklahoma Corporation Commission
Rule OAC 165:55-5-10(p) on July 15, 2003. PTCI is a telephone cooperative
serving approximately 16,984 member subscribers. Of the 16,984 member subscribers,
16,710 are located in the state of Oklahoma while the remaining 274 are located
in the state of Texas. Panhandle's member subscribers in Texas are served
out of the Guymon, Hardesty and Texhoma exchanges and comprise less than 2%
of PTCI's total customer base.
On or before July 1, 2004, persons wishing to comment upon the action sought
should contact the Public Utility Commission of Texas, by mail at P.O. Box
13326, Austin, Texas, 78711-3326, or by phone at (512) 936-7120 or toll free
at 1-888-782-8477. Hearing and speech-impaired individuals with text telephones
(TTY) may contact the commission at (512) 936-7136 or toll free 1-800-735-2989.
All comments should reference Docket Number 29782.
TRD-200403598
Adriana Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: May 27, 2004
Notice is given to the public of the filing with the Public Utility Commission
of Texas of an application on May 25, 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 1st United Tel-Com, Incorporated
for a Service Provider Certificate of Operating Authority, Docket Number 29783
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 entire state of
Texas.
Persons who wish to comment upon the action sought should contact the Public
Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326,
or by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than
June 16, 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 29783.
TRD-200403583
Adriana Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: May 27, 2004
Notice is given to the public of the filing with the Public Utility Commission
of Texas of an application on May 27, 2004, for a service provider certificate
of operating authority (SPCOA), pursuant to §§54.151 - 54.156 of
the Public Utility Regulatory Act (PURA). A summary of the application follows.
Docket Title and Number: Application of BCN Telecom, Inc. for a Service
Provider Certificate of Operating Authority, Docket Number 29796 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 geographic 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
June 16, 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 29796.
TRD-200403652
Adriana Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: June 1, 2004
The Public Utility Commission of Texas (commission) will hold a workshop
regarding its assessment methodology for the Texas Universal Service Fund
(TUSF) on Tuesday, July 20, 2004 at 9:30 a.m. in Hearing Room Gee, located
on the 7th floor of the William B. Travis Building, 1701 North Congress Avenue,
Austin, Texas 78701. Project Number 28708,
Proceeding
to Amend P.U.C. Substantive Rule §26.420(f) - Assessments for the Texas
Universal Service Fund (TUSF)
, has been established for this proceeding.
The commission requests that interested persons come to the workshop prepared
to discuss issues that would arise if the commission were to assess only
1. Should commission rules prescribe the methodology by which carriers
allocate and report their telecommunications revenue by jurisdiction? For
each of the following proposed methods, what is the best way to accomplish
the allocation of revenue by jurisdiction? For each proposed method, please
describe how the commission could ensure proper and accurate reporting, and
provide suggested rule language:
a. Pre-classification of the jurisdiction of each telecom service as either
interstate or intrastate;
b. Jurisdictional allocation based on an analysis of traffic studies;
c. Establishment of a "safe harbor" benchmark similar to that employed
at the federal level for wireless carriers;
d. Requiring carriers to simply report the inverse of the amount reported
for Federal Universal Service Fund (FUSF);
e. Other methodologies (please describe in detail); or
f. Alternatively, should carriers be allowed to simply self-report intrastate
revenue without commission rules determining the methodology?
2. If the commission mandated a methodology, should the commission establish:
a. Enforcement procedures and/or reporting requirements to ensure timely
and accurate reporting? If so, please describe and provide proposed rule language.
b. An audit process to ensure proper separation of revenue? If so, please
describe and provide proposed rule language.
3. How should revenue from "packaged" services be categorized or separated
by jurisdiction? Please describe.
4. What other logistical issues might carriers encounter in both categorizing
and reporting intrastate taxable telecommunications receipts?
5. Either for your company, by type of carrier, or industry-wide, please
provide Texas- specific data estimating the current intrastate percentage
of total taxable telecommunications revenue. Based on this response, what
assessment rate would be necessary on intrastate revenue to appropriately
fund TUSF?
Responses may be filed by submitting 16 copies to the commission's Filing
Clerk, Public Utility Commission of Texas, 1701 North Congress Avenue, P.O.
Box 13326, Austin, Texas 78711-3326 within 30 days of the date of publication
of this notice. All responses should reference Project Number 28708. The commission
requests that comments be limited to 20 pages (not including attachments).
Parties are urged to include everything they wish to discuss in their comments,
however the commission requests that parties identify the question for which
a response is being provided, and to respond to the questions in sequential
order. If parties wish to present anything at the workshop that was not included
with the comments, it must be no more than ten pages, and must be filed in
Central Records under Project Number 28708 no later than 3:00 p.m. on Friday,
July 16, 2004.
Prior to the workshop, the commission shall make available in Central Records
under Project Number 28708 an agenda for the format of the workshop.
Questions concerning the workshop or this notice should be referred to
Marshall Adair, Policy Development Division at (512) 936-7214 or Rosemary
McMahill, Policy Development Division at (512) 936-7244. Hearing and speech-impaired
individuals with text telephones (TTY) may contact the commission at (512)
936-7136.
TRD-200403651
Adriana Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: June 1, 2004
Notice of Time Period for Intervention or Nonparty Participation for Pending Racetrack Application
Pursuant to Texas Civil Statutes, Article 179e, §6.04, an administrative
law judge from the State Office of Administrative Hearings will conduct an
administrative hearing for the Texas Racing Commission in SOAH Docket No.
476-04-5361, the application for a pari-mutuel Class II horse racetrack license
in Webb County. Currently, the date of the hearing has not been set. There
will be later notice of the date of the public hearing.
The two separate applicants, LRP Group, Ltd. and Laredo Race Park, L.L.C.,
assert that they are qualified to receive a Class II horse racetrack license
in Webb County, and contest the opposing applicant.
Persons who wish to intervene and request party status must do so by June
30, 2004, as explained by 16 TAC §307.32. The request must be in writing,
filed with the Texas Racing Commission, and in compliance with the Texas Rules
of Civil Procedure.
Persons who request participation as nonparty participants must do so by
June 30, 2004. The request must be in writing, filed with the Texas Racing
Commission, and include a statement regarding the person's position on the
matter.
Requests for intervention or nonparty participation must be filed at the
Texas Racing Commission, P.O. Box 12080, Austin, Texas 78711. For more information
or assistance in this matter, contact Paula C. Flowerday, Executive Secretary,
Texas Racing Commission, P.O. Box 12080, Austin, Texas 78711, (512) 833-6699,
fax (512) 833-6907.
TRD-200403579
Nicole Galwardi
General Counsel
Texas Racing Commission
Filed: May 26, 2004
Notice of Applicant for Registration as Arbitrator
The commission adopted rules regarding the registration and certification
of arbitrators at 10 TAC §§318.20, 318.22, 318.24, 318.26, 318.28,
318.30, and 318.32. The new rules were adopted under new Chapter 417, Property
Code (Act effective September 1, 2003, 78th Legislature, Regular Session,
Chapter 458, §1.01), which provides that the commission establish eligibility
requirements and procedures for a person to be certified by the commission
as a residential construction arbitrator and that the commission maintain
a list of certified arbitrators and make that list available to the public.
The commission rules can be found on the commission's web site at www.trcc.state.tx.us.
10 TAC §318.22 requires the commission to publish in the
Texas Register
notice of the application of each person seeking to
become registered under this subchapter. The commission will accept public
comment on each application for 21 days after the date of publication of the
notice.
Pursuant to 10 TAC §318.22 the commission hereby notices the application
of:
Lawrence R. Maxwell, Jr., 8226 Douglas Avenue, Suite 550, Dallas, Texas
75225. Mr. Maxwell has asserted that he meets the requirements of certification
and that he has at least five years of experience conducting arbitrations
between homeowners and builders involving construction defects.
Interested persons may send written comments regarding this application
to Susan K. Durso, General Counsel, Texas Residential Construction Commission,
P.O. Box 13144, Austin, Texas 78711-3144. Comments regarding this application
will be accepted for 21 days following the date of publication of this notice
in the
Texas Register
. Thereafter, the comments
will not be considered as timely filed.
TRD-200403580
Susan Durso
General Counsel
Texas Residential Construction Commission
Filed: May 26, 2004
Notice of Availability of Consulting Services Contract
This request for consulting services is filed under the provisions of the
Government Code, Chapter 2254. The University's President finds that the consulting
services are necessary in order to achieve University goals.
Stephen F. Austin State University intends to contract for advertising
and creative services from an outside firm. Specifically, the university's
immediate needs are for a firm to produce and place two distinct 30-second
television commercials. The goal of the television spots is to increase awareness
of the university among two target audiences: 1) high school students who
are prospective students of the university; and 2) parents of high school
students. The university desires to air the two spots on cable or a combination
of cable and network channels in East Texas and the Shreveport, Louisiana
area. The successful vendor must understand the university's target audiences,
advise on the best media strategies to accomplish its goal, negotiate rates
with the media and schedule advertising. The successful vendor will be expected
to incorporate brand positioning and creative concepts provided by a higher
education research and integrated marketing firm the university has contracted
with into the television spots.
The selected vendor will provide services to the university for the initial
period beginning on or about July 12, 2004, through August 31, 2005. The terms
of this agreement may be amended if mutually agreed to by the university and
the vendor. The contract may also be extended for a period of four additional
one-year periods beginning September 1, 2005, and ending August 31, 2009,
if mutually agreed to by the university and the vendor. The total cost of
this agreement is not expected to exceed $100,000.
A university marketing team will evaluate a proposer's qualifications for
providing creative services and media buying. Areas of evaluation will include:
submitted references of clients with which the agency has worked; qualifications;
experience; evidence of ability to generate exciting, attention getting television
ads as demonstrated by samples of previous work performed for clients; evidence
of ability to position spots so they are targeted to the appropriate audiences;
evidence of ability to secure effective placement of "no charge" or public
service announcements; and financial stability.
Proposals must be received in the office of Susan Hammons, Director of
Public Affairs, P.O. Box 9100, 1936 North Street, Nacogdoches, Texas 75962
no later than 5 p.m. on July 1, 2004 in order to be considered. Please contact
Ms. Hammons at (936) 468-2605 or by e-mail at hammonsms@sfasu.edu for further
information.
TRD-200403599
R. Yvette Clark
General Counsel
Stephen F. Austin State University
Filed: May 27, 2004
Proposed Lane Use Restrictions for Trucks on Interstate 35 in Hays, Travis and Williamson Counties - Response to Public Comments
In accordance with Transportation Code §545.0651 and 43 TAC §§25.601-25.604,
the Texas Department of Transportation (the department) is initiating a restriction
that would establish consistent lane use restrictions applicable to trucks,
as defined in Transportation Code, §541.201, with three or more axles,
and to truck tractors, also as defined in Transportation Code, §541.201,
regardless of whether the truck tractor is drawing another vehicle or trailer.
The proposed restriction would prohibit those vehicles from using any traffic
lane, other than the second, third, and fourth controlled access lanes on
each side of Interstate Highway 35 (I-35) as counted from the center (inside
left lane) of the highway between 1.297 miles south of the Bell/Williamson
County line, southward through Williamson, Travis and Hays counties, and ending
at the southern city limits of San Marcos which is 0.455 mile north of the
Hays/Comal County line.
The proposed restrictions would apply 24 hours a day, 7 days a week, and
would allow the operation of those vehicles in a prohibited traffic lane for
the purposes of passing another vehicle or entering or exiting the highway.
The department held a public hearing on March 4, 2004, and received public
comments through March 15, 2004. A total of eleven individuals spoke at the
public hearing. The department also received twenty written comments.
Comments in Favor of the Proposed Restriction
The department received a total of sixteen comments favorable to the proposed
lane restriction. In general, these commenters believe that the proposal will
lead to increased safety and improved mobility.
Several of these favorable commenters suggested that speed limits should
be more rigorously enforced, that speed limits for large trucks should be
lower than that for passenger vehicles, that speed limits should only be established
using strict engineering criteria, that the state maximum prima facie speed
limit of 70 miles per hour should only be used after a thorough study, and
that the department should also consider the use of high-occupancy vehicle
lanes and freeway ramp entry signals.
Response
The department agrees that speed limits should be created only after the
completion of an engineering and traffic study. The department uses this approach
when establishing speed limits.
Enforcement of speed limits is beyond the purview of the department and
we recommend that the commenter discuss these concerns with the appropriate
law enforcement agencies.
The department agrees that the use of HOV lanes and technologies such as
ramp metering have beneficial impacts on mobility and is using these approaches
as appropriate.
Comments Opposed to the Proposed Restriction
The department received fifteen comments either in writing or during the
March 4th public hearing that were critical of the proposal.
Comment
: The Texas Motor Transportation Association
(TMTA) commented that the proposed 24-hour, seven-days-a-week duration of
the restriction is unnecessary and overly broad.
Response
: The proposed restriction covers
the most heavily traveled portion of I-35 in Texas. To limit the restriction
to only certain portions of the day will lessen its effectiveness. The department
met with law enforcement agencies concerning the duration of the restriction
and they also indicated that 24-hour restrictions are preferable.
Comment
: TMTA commented that highway signing
installed for the proposed restriction should include "attention getting features".
Response
: Although not defined in their comment,
the department thinks that TMTA is suggesting that these signs be equipped
with flashing beacons. The department typically uses flashing beacons where
necessary to draw a motorist’s attention to a specific safety-related
situation. Truck lane restriction signs are no different than any other sign
noting regulatory conditions (such as a speed limit sign). The inclusion of
attention-getting features on the truck lane restriction signs is unwarranted
due to the 24-hour nature of the restriction. In addition, the department’s
experience with truck lane restrictions in the Houston area does not indicate
that the inclusion of flashing beacons on these signs is necessary.
Comment
: Two commenters noted that the restriction
will be problematic at the location of the upper/lower deck split on I-35
in central Austin. TMTA noted that implementing the restriction at this location
could force trucks to use the upper deck which could lead to more crashes
due to potentially higher wind levels hitting the sides of van trailers.
Response
: Wind currents experienced on the
upper deck by trucks would be no different than they would on any of the thousands
of bridge structures located around the state. Trucks are also permitted to
use the right lane on the lower level as well as the leftmost lane on the
lower level to perform a safe passing maneuver.
Comment
: Two commenters noted that congestion
problems on I-35 in this area were not caused exclusively by trucks and were
generally attributable to passenger vehicles. TMTA noted that since trucks
were not the main cause of congestion it was not reasonable to place a lane
restriction on this class of vehicles.
Response
: The department agrees that all
vehicles using I-35 in the area of the proposed restriction contribute to
congestion. However, the proposed restriction will allow for increased safety
as motorists limit lane changes in their attempt to move around slower moving
trucks. The department also notes that trucks accelerate more slowly than
passenger vehicles and that the proposed restriction should reduce speed variability
in the far left lane.
Comment
: Two commenters noted that enforcement
of the proposed lane restriction will put truck drivers, law enforcement personnel,
and motorists at greater risk when large trucks are pulled over for ticketing.
Response
: The department has met with local
law enforcement agencies as well as the Texas Department of Public Safety.
These agencies have indicated that there will be no difference or increased
risk in enforcing the proposed restriction than for any other traffic offense
involving trucks. The officer will follow the truck and pull it over in a
manner and location that ensures safety for the officer, the truck operator,
and the traveling public.
Comment
: Eight commenters noted that confining
trucks to the outside lanes may make entry to the freeway more difficult and
could be a detriment, rather than an improvement to safety.
Response
: The department’s engineering
study of the proposed restriction identified no problematic ramp backups and
congestion associated with existing left-lane truck restrictions. The department’s
pilot truck lane restriction project in Houston showed a 68% reduction in
traffic crashes after the implementation and has not shown to impede vehicles
entering the freeway.
Comment
: Three commenters noted that this
is an unfair restriction on trucks and will increase costs for truck operators.
One of these commenters noted that trucks pay taxes and it is unfair to restrict
their access.
Response
: The proposed restriction does not
place an unfair burden on trucks or truck operators. Trucks will not have
to alter their routes, may still use the highway, and may still use the left
lane to execute passing maneuvers.
Comment
: One commenter suggested that the
restriction should also apply to buses.
Response
: The department has been unable
to identify any quantifiable benefits from extending these types of restrictions
to buses as suggested. If research is performed in the future that identifies
tangible benefits for applying lane restrictions for buses or other classes
of vehicles, the department will consider expanding the restriction.
Comment
: One commenter objected that the
department had not sought input from the trucking industry.
Response
: The department met with the TMTA
on the proposed restriction and also received written comment from the association.
Comment
: One commenter recommended that the
lane restriction proposal be tabled for an additional 18-24 months for further
study.
Response
: The proposed truck lane restriction
has been studied by the department for over one year. An engineering study
has been performed to assess the traffic operations impacts of the restriction
and no detrimental impacts were identified. In addition, the department has
met with counties, municipalities, law enforcement agencies, and various other
organizations regarding the proposed restriction. Considering this and the
demonstrated safety benefits associated with the Houston truck lane restriction,
there is no reason to delay implementation.
Comment
: Three commenters noted that the
proposed restriction is inconsistent with the existing state law regarding
"left lane for passing only".
Response
: Vehicles are only specifically
restricted from using the left lane of a highway except for passing when "left
lane for passing only" signs are in place. In this regard, the proposed restrictions
are not inconsistent with this type of signing or state law.
Comment
: Two commenters suggested that trucks
should be restricted from using the rightmost lane rather than the leftmost
lane since ramp traffic merges into the right lane.
Response
: The possibility of restricting
trucks from the rightmost lane was examined and studied in the engineering
assessment for the proposed restriction. The department found that right-lane
truck restrictions would cause a significant reduction in operating speed
at critical segments within the lane restriction limits. Because the law allowing
truck lane restrictions requires that such a restriction have no negative
impact on operations, a right-lane restriction could not be uniformly applied
in the I-35 corridor in Hays, Travis, and Williamson counties.
Comment
: Several commenters noted that truck
drivers are trained to stay out of the left lane and that there is no need
to restrict trucks.
Response
: Traffic studies performed by the
department as part of the engineering assessment of the proposed lane restriction
showed that the percentage of trucks operating in the left lane varied from
between 10% and 40% (averaging approximately 23%). This statistic shows that
the presence of trucks in the left lane cannot be attributed solely to passing
maneuvers. The restriction is being proposed as a safety improvement project.
Research has shown that a reduction in lane changes will result in crash reductions
and a safer driving environment. This restriction should reduce the number
of lane changes.
Comment
: One commenter noted that in Austin,
especially in the downtown area, the overpasses do not have sufficient height
to accommodate large trucks if these trucks are restricted to the right lane.
Response
: While it is true that the bridges
above the lower level of I-35 in central Austin do have slightly higher clearances
for the left than for the right lane, the bridge height above both lanes is
adequate for truck and truck/trailers approved for use on Interstate facilities
in Texas, including I-35.
TRD-200403668
Bob Jackson
Deputy General Counsel
Texas Department of Transportation
Filed: June 2, 2004
Pursuant to Transportation Code, §21.111, and Title 43, Texas Administrative
Code, §30.209, the Texas Department of Transportation conducts public
hearings to receive comments from interested parties concerning proposed approval
of various aviation projects.
For information regarding actions and times for aviation public hearings,
please go to the following web site:
http://www.dot.state.tx.us
Click on Aviation, click on Aviation Public Hearing. Or, contact Karon
Wiedemann, Aviation Division, 150 East Riverside, Austin, Texas 78704, (512)
416-4520 or 800 68 PILOT.
TRD-200403655
Bob Jackson
Deputy General Counsel
Texas Department of Transportation
Filed: June 1, 2004
Amendment of Consultant Contract Notification
The University of Texas System ("University"), in accordance with the provisions
of
Texas Government Code
, Chapter 2254, has
Amended a Contract with Kelly, Anderson and Associates, Inc. ("Consultant"),
for consulting services more particularly described in the Invitation for
Proposals for Consulting Services (the "Invitation"), published in the
Project Description:
Consultant previously provided services concerning a possible University
bid submission to the U.S. Department of Energy ("DOE") to manage and operate
the Sandia National Laboratory. In accordance with an Invitation and Consultant's
response thereto, under the Restated Contract, Consultant is providing University
with (1) consulting services related to a possible bid submission to DOE to
manage the Los Alamos National Laboratory, and (2) other related necessary
and appropriate services as requested by University in writing from time to
time. A draft Request for Proposal from DOE concerning the Los Alamos competition
is expected this summer and the current Amendment to the Contract will increase
the budgeted amount to cover the additional work anticipated.
Name and Address of Consultant:
Kelly, Anderson & Associates, Inc.
424 N. Washington Street
Alexandria, Virginia 22314
Total Value of the Contract:
Consultant will be paid for Los Alamos related work for actual hours incurred
by Consultant's personnel directly and solely in support of such additional
services at the rates specified in the Restated Contract. Consultant shall
also be reimbursed at cost for reasonable expenses and disbursements validly
incurred directly and solely in support of the Restated Contract. The current
Amendment to the Contract increases the cumulative amount of payments remitted
by University to Consultant for services and reimbursement for expenses and
disbursements related to the Restated Contract. The new amount for the Los
Alamos phase of the contract will not exceed One Hundred and Fifty Thousand
Dollars ($150,000.00) with an additional travel allowance not to exceed Twenty
Thousand Dollars ($20,000.00).
Contract Dates:
The Amendment to the Contract was executed by Consultant on May 23, 2004,
and by University on May 24, 2004, effective June 1, 2004. The Restated Contract
was executed by Consultant on August 28, 2003, and by University on September
4, 2003, effective January 1, 2002. The Restated Contract has been approved
by the Board of Regents of The University of Texas System.
Due Dates for Contract Products:
Phase I of the Restated Contract was completed March 1, 2003. The Los Alamos
phase of the Restated Contract will be completed and delivered to University
as mutually agreed by Consultant and University, based on DOE bidding requirements.
The Restated Contract can be terminated on seven days written notice to the
Consultant.
Questions:
Questions concerning this notice of amendment should be directed to Mr.
Dan Burck, c/o UTIMCO, Suite 1700, 221 W. 6th Street, Austin, Texas 78701,
512/225-1688.
TRD-200403657
Francie A. Frederick
Counsel and Secretary to the Board
The University of Texas System
Filed: June 2, 2004
Notice of Invitation for Bid
Office of Consumer Credit Commissioner
East Texas Council of Governments
Texas Commission on Environmental Quality
Notice of Opportunity to Comment on Default Orders of Administrative Enforcement Actions
Notice of Opportunity to Comment on Settlement Agreements of Administrative Enforcement Actions
Notice of Public Hearings on Proposed Revisions to 30 TAC Chapters 114 and 115, and to the State Implementation Plan
Notice of Water Quality Applications
Notice of Water Rights Application
Proposed Enforcement Orders
Texas Department of Family and Protective Services
General Land Office
Texas Department of Human Services
Texas Department of Insurance
Notice
Notice
Legislative Budget Board
Texas Legislative Council
Texas Lottery Commission
Instant Game Number 457 "Corvette Cash"
Panhandle Regional Planning Commission
Texas Parks and Wildlife Department
Notice of Availability and Request for Public Comment
Public Utility Commission of Texas
Notice of Application for Reciprocal Approval of a Final Order Pursuant to P.U.C. Procedural Rule §22.263(d)
Notice of Application for Service Provider Certificate of Operating Authority
Notice of Application for Service Provider Certificate of Operating Authority
Public Notice of Workshop Regarding Rulemaking Proceeding to Amend P.U.C. Substantive Rule §26.420(f) - Assessments for the Texas Universal Service Fund (TUSF)
Texas Racing Commission
Texas Residential Construction Commission
Stephen F. Austin State University
Texas Department of Transportation
Public Notice - Aviation
The University of Texas System
Texas Workers' Compensation Commission