Texas Department of Agriculture
Public Hearing Notice
In accordance with the Texas Agriculture Code, §74.113, the Texas
Department of Agriculture (the department) will hold two public hearings to
take public comment on a proposed upcoming referendum proposition seeking
to extend the time for payment of the maximum annual assessment approved by
cotton growers for the El Paso/Trans-Pecos Boll Weevil Eradication Zone. The
hearings will be held as follows:
on April 6, 2005, beginning at 3:30 p.m., at the Reeves County Civic Center,
State Highway 285, Pecos, Texas 79772; and
on April 7, 2005, beginning at 9:30 a.m., at the Texas A&M Research
Center, 1380 A&M Circle, El Paso Texas 79927.
For more information, please contact Ryan O'Neal, Producer Relations Specialist,
Texas Department of Agriculture, P.O. Box 12847, Austin, Texas, 78711 (512)463-7593.
TRD-200501269
Dolores Alvarado Hibbs
Deputy General Counsel
Texas Department of Agriculture
Filed: March 23, 2005
Texas Clean Air Act, the Texas Water Code, and Texas Solid Waste Disposal Act Settlement Notice
Notice is hereby given by the State of Texas of the following proposed
resolution of an environmental enforcement lawsuit under the Texas Water Code.
Before the State may settle a judicial enforcement action under the Water
Code, the State shall permit the public to comment in writing on the proposed
judgment. The Attorney General will consider any written comments and may
withdraw or withhold consent to the proposed agreed judgment if the comments
disclose facts or considerations that indicate that the consent is inappropriate,
improper, inadequate, or inconsistent with the requirements of the Code.
Case Title and Court:
State of Texas v. Dudley
F. Mooney and Thombean, Inc., No. GV500646 in the 250th District Court of
Travis County, Texas
.
Nature of Defendant's Operations: Defendants own or previously owned property
in Palo Pinto County that was the site of a rock quarry.
Proposed Agreed Judgment: The judgment contains an injunction that prohibits
quarry and stone removal operations at the subject site, prohibits pollution
of the Brazos River, and requires the defendants to continue to retain an
environmental engineering firm to conduct inspections of the pollution control
structures and systems at the site, and submit reports to the Texas Commission
on Environmental Quality and Office of the Attorney General. The judgment
also requires the defendants to pay $30,000 in attorney's fees and all courts
costs to the State.
For a complete description of the proposed settlement, the complete proposed
Agreed Final Judgment should be reviewed. Requests for copies of the judgment,
and written comments on the proposed settlement should be directed to David
Preister, Assistant Attorney General, Office of the Texas Attorney General,
P. O. Box 12548, Austin, Texas 78711-2548, (512) 463-2012, facsimile (512)
320-0911. Written comments must be received within 30 days of publication
of this notice to be considered.
For information regarding this publication you
may contact A.G. Younger, Agency Liaison, at (512) 463-2110.
TRD-200501231
Nancy S. Fuller
Assistant Attorney General
Office of the Attorney General
Filed: March 21, 2005
Request for Proposals
The Texas Building and Procurement Commission (TBPC), on behalf of the
Texas Department of Public Safety, announces the issuance of
Revised Request for Proposals (RFP) 303-5-10648-A
. TBPC seeks a five
year lease of approximately 4,568 sq. ft. of office space in the Lake Worth
area, Tarrant County, Texas. The boundaries of the RFP have been expanded
to include the area east of the Tarrant County Line, west of I-35W, south
of County Road 4042, and north of I-20, including Lake Worth to White Settlement.
The deadline for questions is April 8, 2005 and the deadline for proposals
is April 15, 2005 at 3:00 P.M. The award date is May 15, 2005. TBPC reserves
the right to accept or reject any or all proposals submitted. TBPC is under
no legal or other obligation to execute a lease on the basis of this notice
or the distribution of a RFP. Neither this notice nor the RFP commits TBPC
to pay for any costs incurred prior to the award of a grant.
Parties interested in submitting a proposal may obtain information by contacting
TBPC Purchaser Kenneth Ming at (512) 463-2743. A copy of the revised RFP may
be downloaded from the Electronic State Business Daily at http://esbd.tbpc.state.tx.us/1380/bid_show.cfm?bidid=58118.
TRD-200501233
Ingrid K. Hansen
General Counsel
Texas Building and Procurement Commission
Filed: March 21, 2005
Notice and Opportunity to Comment on Requests for Consistency Agreement/Concurrence Under the Texas Coastal Management Program
On January 10, 1997, the State of Texas received federal approval of the
Coastal Management Program (CMP) (62 Federal Register pp. 1439-1440). Under
federal law, federal agency activities and actions affecting the Texas coastal
zone must be consistent with the CMP goals and policies identified in 31 TAC
Chapter 501. Requests for federal consistency review were deemed administratively
complete for the following project(s) during the period of March 11, 2005,
through March 17, 2005. As required by federal law, the public is given an
opportunity to comment on the consistency of proposed activities in the coastal
zone undertaken or authorized by federal agencies. Pursuant to 31 TAC §§506.25,
506.32, and 506.41, the public comment period for these activities extends
30 days from the date published on the Coastal Coordination Council web site.
The notice was published on the web site on March 23, 2005. The public comment
period for these projects will close at 5:00 p.m. on April 22, 2005.
FEDERAL AGENCY ACTIONS:
Applicant: Chuck Gautier
; Location: The project
is located along Crash Boat Basin, at 1534, 1530, and 1526 103rd Street, in
Galveston, Galveston County, Texas. The project can be located on the U.S.G.S.
quadrangle map entitled: Virginia Point, Texas. Approximate UTM Coordinates
in NAD 27 (meters): Zone 15; Easting: 317683; Northing: 3238730. Project Description:
The applicant proposes to mechanically dredge an existing slough for boat
access, construct 3 boathouses, place riprap or bulkhead for shoreline stabilization
and mitigate for impacts to 560 square feet of Spartina alterniflora from
the dredging and boathouse construction. The applicant also requests authorization
for 10-year maintenance dredging of the slough. After dredging, the existing
slough will average 30 feet in width with a depth of 5-feet at mean high tide
(MHT). Currently the depth of the slough averages 1 to 3-feet MHT. Approximately
800 to 1,200 cubic yards of dredge material will be placed on the applicant's
existing upland property. The first boathouse at 1534 103rd Street will have
a 30-foot-wide by 32-foot-long boathouse and walkway. The second boathouse
at 1530 103rd Street will have a 20-foot-wide by 40-foot-long walkway and
boathouse. The third boathouse at 1526 103rd Street will have a 20-foot-wide
by 32-foot-long walkway and boathouse. Approximately 230 cubic yards of concrete
riprap will be placed along the shoreline or a bulkhead will be placed above
the high tide line and above any existing wetland vegetation for bank stabilization.
To mitigate for wetland impacts the applicant proposes to create approximately
1,218 square feet of new wetlands with Spartina alterniflora from existing
uplands on the project site. CCC Project No.: 05-0191-F1; Type of Application:
U.S.A.C.E. permit application #23669 is being evaluated under §10 of
the Rivers and Harbors Act of 1899 (33 U.S.C.A. §403) and §404 of
the Clean Water Act (33 U.S.C.A. §1344). Note: The consistency review
for this project may be conducted by the Texas Commission on Environmental
Quality under §401 of the Clean Water Act.
Applicant: Golden Pass LNG Terminal LP and Golden
Pass Pipeline LP
; Location: The project terminal is located adjacent
to State Highway 87, northwest of the town of Sabine Pass, adjacent to the
Port Arthur Canal, Jefferson County, Texas. The liquefied natural gas (LNG)
terminal facility can be located on the U.S.G.S. quadrangle map entitled:
Port Arthur South, Texas. Approximate UTM Coordinates in NAD 27 (meters):
Zone 15; Easting: 410606; Northing: 3293000. The proposed pipeline begins
at the terminal and will be constructed through the J. D. Murphree Wildlife
Management Area (WMA). Once through the WMA, the pipeline will be constructed
in a northeasterly direction through Jefferson, Orange, and Newton Counties,
Texas, then cross into Calcasieu Parish, Louisiana. The pipeline will end
north of Highway 12 at an existing pipeline interconnect site (TRANSCO). The
end of the pipeline can be located on the U.S.G.S. quadrangle map entitled:
Lunita, Louisiana. Approximate UTM Coordinates in NAD 27 (meters): Zone 15;
Easting: 441901; Northing: 3358443. Project Description: The applicant proposes
to construct, operate, and maintain structures and equipment necessary for
an LNG receiving and transportation facility. The project is designed for
the importation, storage, and delivery of foreign-source LNG to natural gas
markets. Large LNG ships will offload LNG at a new marine terminal to be constructed
adjacent to the Port Arthur Canal. The terminal will have the capability of
unloading up to 200 ships per year. LNG will be transferred from the ships
into cryogenic service storage tanks where it will be stored in a liquefied
state at atmospheric pressure. To condition the LNG for the intrastate pipeline
market, shell-and-tube heat exchangers will vaporize the LNG. Natural gas
will be sent out of the terminal facilities at an average rate of 2.0 billion
cubic feet per day (Bcf/d) via the natural gas sendout pipeline. The sendout
pipeline will transport the natural gas to metering stations and interconnection
facilities with up to 11 existing intrastate and interstate pipelines. The
entire project will be constructed in two phases over an approximate 48-month
period. The project will consist of three (3) primary components: Marine terminal
and LNG transfer lines, LNG storage and vaporization facility, and Natural
gas sendout pipeline, metering stations, and associated appurtenances. The
terminal facility would be located on approximately 205 acres (site) of a
477-acre property that Golden Pass has purchased on the western shore of the
Port Arthur Canal, approximately 10 miles south of the city center of Port
Arthur, Texas, and 2 miles northeast of Sabine Pass, Texas. In the past, the
site was used as a dredge material placement area (DMPA) for materials dredged
during maintenance of the Sabine-Neches Waterway (SNWW). The marine slip would
consist of two protected LNG ship berths, each equipped with mooring systems
and associated LNG unloading facilities, a maneuvering area to turn and move
the LNG ships into the berths, as well as berthing facilities for the three
tugboats used to maneuver the LNG ship into the berth. The new marine slip
would be located outside of the Port Arthur Canal and separate from ship traffic
in the channel. The marine terminal would be capable of unloading up to 200
ships per year or about 1 ship every 2 days, and would be designed to accommodate
LNG ships with storage capacities between 125,000 cubic meters and 250,000
cubic meters of LNG per ship with drafts of 39 feet. Although both berths
could be used for simultaneous berthing of a ship, only one ship would be
unloaded at a time. The marine slip and maneuvering area would be approximately
1,300 feet by 1,300 feet and would be dredged to a minimum depth of -40 feet
below mean lower low water (MLLW) plus 2 feet of over dredge and 2 feet of
advanced maintenance, for a maximum depth of -44 feet MLLW. Construction of
the marine slip and maneuvering area would require the dredging of a total
of approximately 6.3 million cubic yards of material, consisting of 3.9 million
cubic yards of land for the berths and turning area, and 2.4 million cubic
yards of shallow water between the berth and the Port Arthur Canal. All dredging
would be completed at one time during Phase 1. Maintenance dredging is estimated
to be approximately 410,000 cubic yards per year, and would be performed every
two years (820,000 cubic yards) or as needed. The applicant is also requesting
a 10-year maintenance dredging permit. Golden Pass LNG proposes to remove
the dredge material with a hydraulic dredge and deliver this material via
pipeline to Placement Areas 8 and 9. A portion of the dredged material, approximately
1.3 million cubic yards, will be placed for beneficial use in the J. D. Murphree
WMA as part of a wetland restoration area in an existing shallow open water
location. The berth facilities would be constructed separately beginning with
Berth 1 during Phase 1 and then proceeding westward to Berth 2 during Phase
2. Each berth would be approximately 1,300 feet long, designed for both port
and starboard mooring with ships in each berth. Each berth would include a
single level unloading platform consisting of a reinforced concrete deck and
beams supported on piles. The unloading platform would be curbed to confine
LNG spillage and its surface sloped to a collection point. Drainage from the
collection point would flow to an onshore spill impoundment by means of piping
collection troughs. Each berth would consist of four 16-inch-diameter LNG
unloading arms and one 16-inch vapor return arm, plus associated valves and
piping, a gangway tower, firewater monitors, an anemometer, and firewater
monitor pumps. Each unloading arm would be sized for an average transfer rate
of 15,410 gallons per minute. The vapor return arm would be used to return
tank vapors displaced during the unloading operation back to the ship to maintain
a positive ship tank pressure. The vapor return arm would be sized for 494,400
cubic feet per hour. One of the four unloading arms would be a hybrid arm
suitable for either liquid or vapor service. This hybrid arm would be available
for vapor service in the event the dedicated vapor arm is unavailable. LNG
would be transferred from ships to the onshore LNG storage tanks using the
ship's cargo pumps and berth unloading arms. LNG transfer to the LNG storage
tanks would occur through 30-inch-diameter, single-wall, 304 stainless steel
transfer lines that are externally insulated with foam glass insulation. Two
30-inch-diameter lines would be provided at each berth and would be manifolded
into two 30-inch-diameter lines prior to entering the LNG tank area. The LNG
would be stored in insulated, full-containment tanks each sized to store a
working capacity of 155,000 cubic meters (975,000 barrels) of LNG at a temperature
of minus 256 degrees Fahrenheit and a normal operating pressure of 1 to 3
pounds per square inch gauge (psig). Three tanks would be constructed during
Phase 1 and two tanks during Phase 2. The outside diameter of the outer tank
would be approximately 252 feet and the height to the top of the dome would
be approximately 173 feet above grade. LNG from the storage tank would be
vaporized and pressurized for send-out to the natural gas pipeline system.
The LNG would be vaporized by heat exchange using a closed-loop circulating
solution of an intermediate heat transfer fluid (HTF) in shell-and-tube heat
exchangers. The heat requirement for LNG vaporization would be accomplished
by sending a portion of the HTF through gas-fired heaters. The HTF would be
a 40 percent by weight propylene glycol-in-water solution. The heat source
for LNG vaporization would be natural gas. Golden Pass also proposes to construct
a natural gas pipeline system consisting of approximately 122.4 miles of natural
gas pipeline in Jefferson, Orange, and Newton Counties, Texas, and Calcasieu
Parish, Louisiana, consisting of the: Mainline - Approximately 77.8 miles
of 36-inch-diameter pipeline extending from the LNG terminal near Sabine Pass,
Texas, generally west, north, and then northeast to an interconnection with
an existing Transco interstate pipeline near Starks, Louisiana; Loop - Approximately
42.8 miles of 36-inch-diameter looping pipeline that would be installed adjacent
to the Mainline between mileposts (MP) 0.0 and 42.8, from the LNG terminal
near Sabine Pass, Texas, to an interconnection with the AEP Texoma pipeline
near Beaumont, Texas; Beaumont Lateral - Approximately 1.8 miles of 24-inch-diameter
lateral pipeline extending from the Mainline and Loop at MP 38.2, near Beaumont,
Texas, to industrial customers including the ExxonMobil Beaumont Refinery
complex; and Associated pipeline facilities (pig launchers/receivers, block
valves) and metering facilities at interconnections with up to 11 existing
intrastate and interstate pipelines. Impacts To Jurisdictional Wetlands And
Waters: The LNG terminal will impact approximately 114 acres of wetlands.
The breakdown of impacts to wetlands is as follows: 46.08 acres of coastal
emergent marsh will be permanently impacted by fill material for the construction
of the LNG facility; 67.56 acres of palustrine emergent marsh within the project
area will be filled or excavated during the terminal and marine slip construction;
and 0.38 acre of palustrine scrub-shrub wetland will be filled within the
LNG facility. The LNG terminal marine slip will impact 42.8 acres of existing
open water areas and create 63.9 acres of new open water area. The applicant
will reclaim approximately 2 acres of eroded shoreline by filling the shallow
water area adjacent to the channel. The LNG sendout mainline, loop, and Beaumont
lateral will temporarily impact approximately 225.96 acres of wetlands and
permanently impact 64.24 acres. There will be 0.366 acre of permanent impacts
to palustrine emergent wetlands due to access roads. There will be 63.87 acres
of permanent impacts to forested wetlands for the creation of pipeline right-of-way
and workspace for pipeline construction. The breakdown of impacts to forested
wetlands due to pipeline construction is as follows: 4.94 acres of bottomland
hardwood wetlands; 41.74 acres of mixed pine-hardwood wetlands; 15.35 acres
of pine flatwoods wetlands; and 1.83 acres of bald cypress swamp. LNG Terminal
Mitigation: The applicant proposes to mitigate for the permanent palustrine
and estuarine marsh impacts at the terminal site by filling a 244-acre open
water area in the J. D. Murphree WMA. The applicant proposes to use 1.3 million
cubic yards of the dredged material from the creation of the marine slip at
the terminal location. This will create a 244-acre vegetated marsh within
an existing marsh complex managed by the Texas Parks and Wildlife Department.
Pipeline Mitigation: The applicant proposes to restore the pipeline corridor
to pre-construction elevations and allow the area to naturally revegetate.
Preserving a tract of land adjacent to existing nature preserves located in
southeast Texas will mitigate for the permanently impacted 64.24 acres of
wetlands along the pipeline corridor. The tract of land will be delineated
and must contain a minimum of 300 acres of forested wetlands. CCC Project
No.: 05-0192-F1; Type of Application: U.S.A.C.E. permit application #23620
is being evaluated under §10 of the Rivers and Harbors Act of 1899 (33
U.S.C.A. §403) and §404 of the Clean Water Act (33 U.S.C.A. §1344).
Note: The consistency review for this project may be conducted by the Texas
Railroad Commission under §401 of the Clean Water Act.
Pursuant to §306(d)(14) of the Coastal Zone Management Act of 1972
(16 U.S.C.A. §§1451-1464), as amended, interested parties are invited
to submit comments on whether a proposed action is or is not consistent with
the Texas Coastal Management Program goals and policies and whether the action
should be referred to the Coastal Coordination Council for review.
Further information on the applications listed above may be obtained from
Ms. Tammy Brooks, Program Specialist, Coastal Coordination Council, P.O. Box
12873, Austin, Texas 78711-2873, or tammy.brooks@glo.state.tx.us. Comments
should be sent to Ms. Brooks at the above address or by fax at (512) 475-0680.
TRD-200501235
Larry L. Laine
Chief Clerk/Deputy Land Commissioner, General Land Office
Coastal Coordination Council
Filed: March 22, 2005
Local Sales Tax Rate Changes Effective April 1, 2005
TRD-200501197
Martin Cherry
General Counsel
Comptroller of Public Accounts
Filed: March 17, 2005
Notice of Rate Ceilings
The Consumer Credit Commissioner of Texas has ascertained the following
rate ceilings by use of the formulas and methods described in 303.003, 303.009,
and 304.003, Tex. Fin. Code.
The weekly ceiling as prescribed by Sec. 303.003 and Sec. 303.009 for the
period of 03/28/05 - 04/03/05 is 18% for Consumer
1
/Agricultural/Commercial
The weekly ceiling as prescribed by Sec. 303.003 and Sec. 303.009 for the
period of 03/28/05 - 04/03/05 is 18% for Commercial over $250,000.
The judgment ceiling as prescribed by Sec. 304.003 for the period of 04/01/05
- 04/30/05 is 5.50% for Consumer/Agricultural/Commercial/credit thru $250,000.
The judgment ceiling as prescribed by Sec. 304.003 for the period of 04/01/05
- 04/301/05 is 5.50% for Commercial over $250,000.
1
Credit for personal, family or household
use.
2
Credit for business, commercial, investment
or other similar purpose.
TRD-200501239
Leslie L. Pettijohn
Commissioner
Office of Consumer Credit Commissioner
Filed: March 22, 2005
Request for eGrant Applications concerning Even Start Family Literacy Program, 2005-2006
Eligible Applicants. The Texas Education Agency (TEA) is requesting eGrant
applications under Request for Applications (RFA) #701-05-004 from partnerships
composed of a public school district or an open-enrollment charter school
and a nonprofit community-based organization, a public agency, an institution
of higher education, or a public or private nonprofit organization, other
than a local education agency, of demonstrated quality.
Description. The purpose of the Even Start Family Literacy Program is to
help parents become full partners in their children's education; to help children
reach their full potential as learners; to provide literacy training for parents;
to assist families with parenting strategies in child growth and development
and the educational process for children from birth through age 7; and to
coordinate efforts that build on existing community resources.
Dates of Project. The Even Start Family Literacy Program will be implemented
during the 2005-2006 school year. Applicants should plan for a starting date
of no earlier than September 1, 2005, and an ending date of no later than
August 31, 2006, if selected for funding.
Project Amount. Funding will be provided for approximately 25 projects.
Applicants may apply for not less than $75,000 and not more than $200,000
for the 2005-2006 school year. During the first four-year cycle, applicants
are required to provide a minimum 10% cost share in the first year, 20% in
the second year, 30% in the third year, and 40% in the fourth year. Applicants
who apply for and receive funding for the second, third, and fourth four-year
cycles will be required to provide 50% cost share during the second cycle
and 65% throughout the third and fourth cycles.
Continuation funding will be based on satisfactory progress of the first-year
objectives and activities and on general budget approval by the commissioner
of education and the U.S. Congress. This project is funded 90%, or $5,150,000,
from federal funds and 10%, or $572,222, from nonfederal sources.
Selection Criteria. Applications will be selected based on the ability
of each applicant to carry out all requirements contained in the RFA. The
Even Start Family Literacy Program includes required program elements outlined
in P.L. 107-110, §1235. The TEA reserves the right to select from the
highest-ranking applications those that address all requirements in the RFA.
The TEA is not obligated to approve an application, provide funds, or endorse
any application submitted in response to this RFA. This RFA does not commit
TEA to pay any costs before an application is approved. The issuance of this
RFA does not obligate TEA to award a grant or pay any costs incurred in preparing
a response.
Obtaining Access to TEA's eGrants. The Even Start Family Literacy Program
is available only through TEA's eGrants and may not be obtained or submitted
by any other means. The eGrant application will be available on eGrants beginning
April 1, 2005. To apply for access to eGrants, go to the TEA website at http://www.tea.state.tx.us/opge/egrant/index.html.
Under the "eGrants Toolbox," select "Apply for eGrants Logon." Complete the
form as instructed, obtain the required signatures, and send it to the TEA
contact listed on the form.
Applicant's Conference Available on the Texas Education Telecommunication
Network (TETN). An Applicant's Conference will be held April 8, 2005, from
1:00 p.m. until 4:00 p.m. via TETN (TETN Event #10782). The conference will
be open to all prospective applicants and will provide an opportunity to receive
general and clarifying information about the program and RFA. Each person
attending will be required to sign a register and provide the representative's
name, the applicant organization represented, its name, address, and telephone
number. During the presentation, questions regarding the RFA will be addressed.
The RFA may be downloaded from the TEA's website at http://www.tea.state.tx.us/opge/disc/index.html,
and questions may be emailed to carlos.garza@tea.state.tx.us or faxed to (512)
463-9811 prior to April 6, 2005. Individuals planning to attend the event
should register for attendance by contacting the TETN site manager at their
regional education service center.
The entire Applicant's Conference will be videotaped. Prospective applicants
who are not able to attend the Applicant's Conference may request a copy of
the videotape at no charge from the Division of Discretionary Grants, Room
6-108, Texas Education Agency, William B. Travis Building, 1701 N. Congress
Avenue, Austin, Texas 78701. The presentation will also be available for downloading
from the TEA's website at http://www.tea.state.tx.us/opge/disc/other.html.
Further Information. For clarifying information about the eGrant RFA, contact
Elizabeth Thompson, Texas LEARNS, Harris County Department of Education, (713)
696-0700.
Deadline for Receipt of eGrant Applications. Applications must be received
by the Texas Education Agency by 5:00 p.m. (Central Time), Thursday, May 26,
2005, to be considered for funding.
TRD-200501264
Cristina De La Fuente-Valadez
Director, Policy Coordination Division
Texas Education Agency
Filed: March 23, 2005
Request for Proposals
The Education Service Center Region 10 is soliciting proposals for a Distance
Learning Speech-Language Pathology Master's Degree Program, using IDEA-B federal
funds authorized by the Texas Education Agency for this specific project.
This project seeks to fund a distance learning master's degree program that
will increase the pool of highly qualified, ASHA certified, speech-language
pathology professionals statewide, while allowing students to complete internship
requirements during the workday. This project will be a coordinated effort
between Region 10 Education Service Center, the university awarded this grant,
and the Texas Education Agency.
Vendors wishing to receive a complete copy of the Request for Proposal
should write or call Sue Hayes, Chief Financial Officer, Education Service
Center Region 10, 400 E. Spring Valley Road, Richardson, Texas 75083-1300,
(972) 348-1112. Please refer to RFP #2005-06 in your request.
All proposals must be received at the above address by 4:00 P.M. Thursday,
May 12, 2005.
The award winning vendor will be selected based on their qualifications
and ability to carry out all requirements contained in the RFP. The Region
10 ESC reserves the right to select the vendor that represents the best value
to the Center.
TRD-200501232
Kathleen Boswell
Executive Assistant
Education Service Center, Region X
Filed: March 21, 2005
Enforcement Orders
An agreed order was entered regarding Electro-Coatings of Texas, Inc.,
Docket No. 2001- 0588-IHW-E on 03/11/2005 assessing $71,340 in administrative
penalties.
Information concerning any aspect of this order may be obtained by contacting
Deborah Bynum, Attorney at 512/239-1976, Texas Commission on Environmental
Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Chouhan Enterprise Corporation dba
Gina's Food Mart 2, Docket No. 2002-0820-PST-E on 03/11/2005 assessing $8,000
in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Laurencia Fasoyiro, Attorney at 713/422-8914, Texas Commission on Environmental
Quality, P.O. Box 13087, Austin, Texas 78711-3087.
A default order was entered regarding Hermilio Gracia and Alma Gracia,
Docket No. 2003- 0493-MSW-E on 03/11/2005 assessing $7,875 in administrative
penalties.
Information concerning any aspect of this order may be obtained by contacting
Lindsay Andrus, Attorney at 512/239-4761, Texas Commission on Environmental
Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Ivan Allen dba Keene Sanitation,
Docket No. 2003- 0299-MSW-E on 03/11/2005 assessing $7,350 in administrative
penalties.
Information concerning any aspect of this order may be obtained by contacting
Ashley Kever, Attorney at 512/239-2987, Texas Commission on Environmental
Quality, P.O. Box 13087, Austin, Texas 78711-3087.
A default order was entered regarding Barker Business, Inc. dba Speedy
Mart, Docket No. 2003-1030-PST-E on 03/11/2005 assessing $6,900 in administrative
penalties.
Information concerning any aspect of this order may be obtained by contacting
Jeffrey Huhn, Attorney at 512/239-5111, Texas Commission on Environmental
Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding T J Shaikh, Inc. dba Shop N Go Food
Mart, Docket No. 2003-1554-PST-E on 03/11/2005 assessing $4,140 in administrative
penalties.
Information concerning any aspect of this order may be obtained by contacting
Laurencia Fasoyiro, Attorney at 713/422-8914, Texas Commission on Environmental
Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Sahers, Inc. dba Save A Step Mart
5, Docket No. 2003-0847-PST-E on 03/11/2005 assessing $2,460 in administrative
penalties.
Information concerning any aspect of this order may be obtained by contacting
Jim Biggins, Attorney at 210/403-4017, Texas Commission on Environmental Quality,
P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Spring Independent School District
dba Spring ISD Transportation Center, Docket No. 2003-1577-MLM-E on 03/11/2005
assessing $25,080 in administrative penalties with $5,016 deferred.
Information concerning any aspect of this order may be obtained by contacting
Catherine Albrecht, Enforcement Coordinator at 713/767-3672, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding WEB/VDJ, Inc., Docket No. 2003-1422-MWD-E
on 03/11/2005 assessing $6,750 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Ronnie Kramer, Enforcement Coordinator at 806/468-0512, Texas Commission on
Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Houston Business Investments, Inc.,
Docket No. 2003-0886-PST-E on 03/11/2005 assessing $3,200 in administrative
penalties.
Information concerning any aspect of this order may be obtained by contacting
Wendy Cooper, Attorney at 817/588-5867, Texas Commission on Environmental
Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Husam Jallad dba Country Boy Store
1, Docket No. 2003-0896-PST-E on 03/11/2005 assessing $2,400 in administrative
penalties.
Information concerning any aspect of this order may be obtained by contacting
Gitanjali Yadav, Attorney at 512/239-2029, Texas Commission on Environmental
Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Clyde Clardy dba Bastrop West Water
Supply, Docket No. 2003-1283-PWS-E on 03/11/2005 assessing $260 in administrative
penalties.
Information concerning any aspect of this order may be obtained by contacting
Brent Hurta, Enforcement Coordinator at 512/239-6589, Texas Commission on
Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Devon Gas Services, L.P., Docket
No. 2003-1303- AIR-E on 03/11/2005 assessing $1,500 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Gitanjali Yadav, Attorney at 512/239-2029, Texas Commission on Environmental
Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Atofina Petrochemicals, Inc., Docket
No. 2003-1135- AIR-E on 03/11/2005 assessing $15,000 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Jill Reed, Enforcement Coordinator at 432/620-6132, Texas Commission on Environmental
Quality, P.O. Box 13087, Austin, Texas 78711-3087.
A default order was entered regarding Rabnawaz Sattar dba Stop N Get, Docket
No. 2003- 1157-PST-E on 03/11/2005 assessing $14,490 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Alfred Okpohworho, Attorney at 713/422-8918, Texas Commission on Environmental
Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding City of Arp, Docket No. 2003-1346-MWD-E
on 03/11/2005 assessing $4,480 in administrative penalties with $896 deferred.
Information concerning any aspect of this order may be obtained by contacting
Cari Bing, Enforcement Coordinator at 512/239-1445, Texas Commission on Environmental
Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding East Texas Petroleum Company, Inc.,
Docket No. 2004-0232-PST-E on 03/21/2005 assessing $1,400 in administrative
penalties.
Information concerning any aspect of this order may be obtained by contacting
Jill Reed, Enforcement Coordinator at 432/620-6132, Texas Commission on Environmental
Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding City of Abilene, Docket No. 2004-0246-PST-E
on 03/11/2005 assessing $10,500 in administrative penalties with $2,100 deferred.
Information concerning any aspect of this order may be obtained by contacting
Lori Thompson, Enforcement Coordinator at 903/535-5116, Texas Commission on
Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding City of Thrall, Docket No. 2004-0263-MLM-E
on 03/11/2005 assessing $3,268 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Kent Heath, Enforcement Coordinator at 512/239-4575, Texas Commission on Environmental
Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding City of Big Lake, Docket No. 2004-0311-MWD-E
on 03/11/2005 assessing $7,350 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Brent Hurta, Enforcement Coordinator at 512/239-6589, Texas Commission on
Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Sunoco, Inc. (R&M), Docket No.
2004-0351-AIR-E on 03/11/2005 assessing $26,790 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Edward Moderow, Enforcement Coordinator at 512/239-2680, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding City of Cotulla, Docket No. 2004-0372-PWS-E
on 03/11/2005 assessing $910 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Brandon Smith, Enforcement Coordinator at 512/239-4471, Texas Commission on
Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Moorpark Village, Inc. dba Moorpark
Village Water System, Docket No. 2004-0419-PWS-E on 03/11/2005 assessing $700
in administrative penalties with $140 deferred.
Information concerning any aspect of this order may be obtained by contacting
Kimberly Morales, Enforcement Coordinator at 713/422-8938, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Oak Bend Property Owners Association
dba Oak Bend Homeowners Water Supply, Docket No. 2004-0448-PWS-E on 03/11/2005
assessing $400 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Barbara Klein, Attorney at 512/239-1320, Texas Commission on Environmental
Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Beaumont Town & Country Plaza,
Docket No. 2004- 0527-PST-E on 03/11/2005 assessing $8,700 in administrative
penalties.
Information concerning any aspect of this order may be obtained by contacting
Barbara Klein, Attorney at 512/239-1320, Texas Commission on Environmental
Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Owens Corning, Docket No. 2004-0561-AIR-E
on 03/11/2005 assessing $1,875 in administrative penalties with $375 deferred.
Information concerning any aspect of this order may be obtained by contacting
Miriam Hall, Enforcement Coordinator at 512/239-1044, Texas Commission on
Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Whitestone Retail, Ltd. dba Shops
at Whitestone, Docket No. 2004-0562-EAQ-E on 03/11/2005 assessing $2,250 in
administrative penalties with $450 deferred.
Information concerning any aspect of this order may be obtained by contacting
Cari Bing, Enforcement Coordinator at 512/239-1445, Texas Commission on Environmental
Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding EOG Resources, Inc., Docket No. 2004-0613-AIR-E
on 03/11/2005 assessing $2,700 in administrative penalties with $540 deferred.
Information concerning any aspect of this order may be obtained by contacting
Terry Murphy, Enforcement Coordinator at 512/239-5025, Texas Commission on
Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Kitson & Partners, LLC dba Chase
Oaks Golf Club, Docket No. 2004-0651-PST-E on 03/11/2005 assessing $4,050
in administrative penalties with $810 deferred.
Information concerning any aspect of this order may be obtained by contacting
Cari Bing, Enforcement Coordinator at 512/239-1445, Texas Commission on Environmental
Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Texas A&M University, Docket
No. 2004-0656- MWD-E on 03/11/2005 assessing $15,550 in administrative penalties
with $3,110 deferred.
Information concerning any aspect of this order may be obtained by contacting
Merrilee Hupp, Enforcement Coordinator at 512/239-4490, Texas Commission on
Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding City of Buda, Docket No. 2004-0742-PWS-E
on 03/11/2005 assessing $1,750 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Joseph Daley, Enforcement Coordinator at 512/239-3308, Texas Commission on
Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding West Texas Superquick, Inc., Docket
No. 2004-0762- PST-E on 03/11/2005 assessing $10,910 in administrative penalties
with $2,182 deferred.
Information concerning any aspect of this order may be obtained by contacting
Craig Fleming, Enforcement Coordinator at 512/239-5806, Texas Commission on
Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding City of Throckmorton, Docket No.
2004-0797-PWS- E on 03/11/2005 assessing $250 in administrative penalties
with $50 deferred.
Information concerning any aspect of this order may be obtained by contacting
Chad Blevins, Enforcement Coordinator at 512/239-6017, Texas Commission on
Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Kippur Corporation, Docket No. 2004-0799-AIR-E
on 03/11/2005 assessing $4,620 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Lawrence King, Enforcement Coordinator at 512/239-7037, Texas Commission on
Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Jupe Mills, Inc., Docket No. 2004-0877-AIR-E
on 03/11/2005 assessing $3,060 in administrative penalties with $612 deferred.
Information concerning any aspect of this order may be obtained by contacting
Brian Lehmkuhle, Enforcement Coordinator at 512/239-4482, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Motiva Enterprises, LLC, Docket No.
2004-0898- AIR-E on 03/11/2005 assessing $20,000 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Terry Murphy, Enforcement Coordinator at 512/239-5025, Texas Commission on
Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Tyson Foods, Inc. dba Tyson Fresh
Meats, Docket No. 2004-0905-AIR-E on 03/11/2005 assessing $6,200 in administrative
penalties with $1,240 deferred.
Information concerning any aspect of this order may be obtained by contacting
Ronnie Kramer, Enforcement Coordinator at 806/468-0512, Texas Commission on
Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Red River Redevelopment Authority,
Docket No. 2004-0968-PWS-E on 03/11/2005 assessing $313 in administrative
penalties.
Information concerning any aspect of this order may be obtained by contacting
Edward Moderow, Enforcement Coordinator at 512/239-2680, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding City of Stanton, Docket No. 2004-1031-PWS-E
on 03/11/2005 assessing $390 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Jorge Ibarra, Enforcement Coordinator at 817/588-5890, Texas Commission on
Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding John S. Bewley dba Town and Country
Food Mart, Docket No. 2004-1099-PST-E on 03/11/2005 assessing $2,400 in administrative
penalties.
Information concerning any aspect of this order may be obtained by contacting
Sandy VanCleave, Enforcement Coordinator at 512/239-0667, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Morgan Oil Company, Docket No. 2004-1164-PST-E
on 03/11/2005 assessing $4,500 in administrative penalties with $900 deferred.
Information concerning any aspect of this order may be obtained by contacting
John Barry, Enforcement Coordinator at 409/899-8781, Texas Commission on Environmental
Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding LBC Houston, L.P., Docket No. 2004-1192-AIR-E
on 03/11/2005 assessing $3,950 in administrative penalties with $790 deferred.
Information concerning any aspect of this order may be obtained by contacting
Ronnie Kramer, Enforcement Coordinator at 806/468-0512, Texas Commission on
Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Gas Recovery Systems, L.L.C., Docket
No. 2004- 1217-AIR-E on 03/11/2005 assessing $1,625 in administrative penalties
with $325 deferred.
Information concerning any aspect of this order may be obtained by contacting
Lori Thompson, Enforcement Coordinator at 903/535-5116, Texas Commission on
Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Circle K Stores, Inc., Docket No.
2004-1239-PST-E on 03/11/2005 assessing $1,875 in administrative penalties
with $375 deferred.
Information concerning any aspect of this order may be obtained by contacting
Mauricio Olaya, Enforcement Coordinator at 915/834-4967, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Degussa Engineered Carbons, L.P.,
Docket No. 2004- 1256-AIR-E on 03/11/2005 assessing $5,000 in administrative
penalties with $1,000 deferred.
Information concerning any aspect of this order may be obtained by contacting
Richard Croston, Enforcement Coordinator at 512/239-5717, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding City of Nocona, Docket No. 2004-1266-PWS-E
on 03/11/2005 assessing $675 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Brian Lehmkuhle, Enforcement Coordinator at 512/239-4482, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Devon Energy Operating Company, L.P.,
Docket No. 2004-1562-AIR-E on 03/11/2005 assessing $750 in administrative
penalties.
Information concerning any aspect of this order may be obtained by contacting
Gitanjali Yadav, Attorney at 512/239-2029, Texas Commission on Environmental
Quality, P.O. Box 13087, Austin, Texas 78711-3087.
TRD-200501263
LaDonna Castañuela
Chief Clerk
Texas Commission on Environmental Quality
Filed: March 23, 2005
Notices mailed March 22, 2005
TCEQ Internal Control No. 02282005-D01; Tivoli Development, L.P. (Petitioner)
filed a petition for creation of Harris County Municipal Utility District
No. 407 (District) with the Texas Commission on Environmental Quality (TCEQ).
The petition was filed pursuant to Article XVI, Section 59 of the Constitution
of the State of Texas; Chapters 49 and 54 of the Texas Water Code; 30 Texas
Administrative Code Chapter 293; and the procedural rules of the TCEQ. The
petition states that: (1) the Petitioner is the owner of a majority in value
of the land to be included in the proposed District; (2) there are two lienholders,
Hibernia Bank and PKB PrivatBank AG, on the property to be included in the
proposed District; (3) the proposed District will contain approximately 54.1867
acres located within Harris County, Texas; and (4) the proposed District is
within the corporate limits of the City of Houston, Texas, and is not within
the corporate limits or extraterritorial jurisdiction of any other city, town
or village in Texas. The Petitioner has provided the TCEQ with certificates
evidencing the consent of Hibernia Bank and PKB PrivatBank AG to the creation
of the proposed District. By Ordinance No. 2005-57, effective January 25,
2005, the City of Houston, 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; and (4) purchase, construct, acquire, improve, maintain, and
operate additional facilities, systems, plants, enterprises, parks and recreational
facilities consistent with the purposes for which the District is created
and permitted under State law. According to the petition, the Petitioner has
conducted a preliminary investigation to determine the cost of the project,
and from the information available at the time, the cost of the project is
estimated to be approximately $7,250,000.
TCEQ Internal Control No. 02252004-D02; Hays Reunion Ranch, LP (Petitioner)
filed a petition for Reunion Ranch Water Control and Improvement District
of Hays County (District) with the Texas Commission on Environmental Quality
(TCEQ). The petition was filed pursuant to Article XVI, Section 59 of the
Constitution of the State of Texas; Chapters 49 and 54 of the Texas Water
Code; 30 Texas Administrative Code Chapter 293; and the procedural rules of
the TCEQ. The petition states that: (1) the Petitioner is the owner of a majority
in value of the land to be included in the proposed District; (2) there are
two lienholders, Bank of America and Regions Bank, on the property to be included
in the proposed District; (3) the proposed District will contain approximately
490.92 acres located within Hays County, Texas; and (4) the proposed District
is not within the corporate limits or extraterritorial jurisdiction of any
city, town or village in Texas. The Petitioner has provided the TCEQ with
certificates evidencing the consent of Bank of America and Regions Bank to
the creation of the proposed District. The petition further states that the
proposed District will acquire and construct a waterworks and sanitary sewer
system; recreational and park or flood control facilities; provide more adequate
drainage for the property in the proposed District; services and any additional
facilities, systems, plants and enterprises consistent with the purposes for
which the District is created. According to the petition, the Petitioners
estimate that the cost of the project will be approximately $11,130,000.
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.
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, TX 78711-3087. For information
concerning the hearing process, please contact the Public Interest Counsel,
MC 103, the same address. For additional information, individual members of
the general public may contact the Office of Public Assistance, at 1-800-687-4040.
General information regarding the TCEQ can be found at our web site at www.tceq.state.tx.us.
TRD-200501260
LaDonna Castañuela
Chief Clerk
Texas Commission on Environmental Quality
Filed: March 23, 2005
The purpose of the meeting is to obtain public input and information concerning
proposal of the facility to the state registry of Superfund sites, the identification
of potentially responsible parties, and the proposal of non-residential land
use.
The Texas Commission on Environmental Quality (TCEQ) is required under
the Texas Solid Waste Disposal Act, Health and Safety Code, Chapter 361, as
amended (Act), to annually publish a state registry that identifies facilities
that may constitute an imminent and substantial endangerment to public health
and safety or the environment due to a release or threatened release of hazardous
substances into the environment. The most recent registry listing of these
facilities was published in the March 26, 2004 issue of the
Texas Register
(29 TexReg 3278).
In accordance with the Act, §361.184(a), the TCEQ must publish a notice
of intent to list a facility on the state registry of state Superfund sites
in the
Texas Register
and in a newspaper of
general circulation in the county in which the facility is located. With this
publication the TCEQ hereby gives notice that the TCEQ has determined that
Bailey Metal Processors, Inc. (Bailey Metals) is eligible for listing, and
the TCEQ proposes to list Bailey Metals on the state registry. Additionally,
the TCEQ gives notice in accordance with the Act, §361.1855, that it
proposes a land use other than residential as appropriate for the facility
identified in this notice. The TCEQ is proposing a commercial/industrial land
use designation. Determination of appropriate land use may impact the remedial
investigation and remedial action for the site. The TCEQ is proposing a land
use designation of commercial/industrial based on the existing land use of
the property, as is prescribed in the Texas Risk Reduction Program (30 TAC §350.53).
This publication also specifies the general nature of the potential endangerment
to public health and safety or the environment as determined by information
currently available to the TCEQ. This notice of intent to list this facility
will also be published on April 5, 2005 in the
Brady
Standard-Herald
.
The facility proposed for listing is Bailey Metals located in Brady, McCulloch
County, Texas. The geographic coordinates of the site are Latitude: 31 degrees
08 minutes 21.15 seconds North Longitude: 99 degrees 20 minutes 51.75 seconds
West. The description of the site is based on information available at the
time the site was evaluated with the Hazard Ranking System (HRS). The HRS
is the principal screening guide used by the commission to evaluate potential,
relative risk to public health and the environment from releases or threatened
releases of hazardous substances. The site description may change as additional
information is gathered on the sources and extent of contamination.
Section 361.184(a) requires that the notice specify the general nature
of the potential endangerment to public health and safety or the environment
as determined by information available to the executive director at that time.
The Bailey Metal Site (the Site) is a five acre site located on Highway
87, one mile northwest of Brady, Texas. The Site was operated as a scrap metal
dealer, primarily conducting copper and lead reclamation operations. Paper,
plastic and lead coatings were removed from wires to reclaim the metals.
Two furnaces at the Site were used to burn plastic wire insulation. There
are documented releases of ash and metallic residues to the soil. Analytical
results for soil samples collected from around the furnaces indicate the soil
contains elevated levels of lead at 67,400 parts per million (ppm), 74,900
ppm, and 122,000 ppm with a leachable concentration of 517 ppm. In addition,
plastic chips (wire cutting wastes) and incinerator ash are stockpiled onsite.
The land use in the vicinity of the Site includes residential, agricultural
and municipal. The Site is bordered to the south by a railroad, bordered to
the north by the Brady Independent School District Bus Barn and two mobile
homes. Access to the Site is unrestricted.
A public meeting will be held May 12, 2005, at 7:00 p.m. at the Council
Chambers of Brady City Hall, located at 101 East Main Street in Brady, Texas.
The purpose of this meeting is to obtain additional information regarding
the Site relative to its eligibility for listing on the state registry, identify
additional potentially responsible parties, and obtain public input and information
regarding the appropriate use of land on which the Site is located. The public
meeting will be legislative in nature and not a contested case hearing under
the Texas Administrative Procedure Act (Texas Government Code, Chapter 2001).
All persons desiring to make comments may do so prior to or at the public
meeting. All comments submitted prior to the public meeting must be received
by 5:00 p.m., May 12, 2005,
and should be sent in writing
to Barry Lands, Project Manager, Texas Commission Environmental Quality,
Remediation Division, MC 143, P. O. Box 13087, Austin, Texas 78711-3087 or
facsimile at (512) 239-2450. The public comment period for this action will
end at the close of the public meeting on May 12, 2005.
A portion of the record for this site, including documents pertinent to
the TCEQ determination of eligibility, is available for review at the Richards
Memorial Library, 1106 South Blackburn Street, Brady, Texas 76825, (325) 597-2617,
during regular business hours.
Copies of the complete public record file may be obtained during regular
business hours at the TCEQ's Records Management Center, Building E, First
Floor, Records Customer Service, 12100 Park 35 Circle, Austin, Texas 78753,
(800) 633-9363 or (512) 239-2920. Photocopying of file information is subject
to payment of a fee. Parking for persons with disabilities is available on
the east side of Building D, convenient to access ramps that are between Buildings
D and E.
Information is also available regarding the state Superfund program on
the TCEQ's Web site located at
www.tnrcc.state.tx.us/permitting/remed/superfund/index.html
.
Persons with disabilities who have special communication or other accommodation
needs who are planning to attend the meeting should contact the TCEQ at (800)
633-9363 or (512) 239-2463. Requests should be made as far in advance as possible.
For further information about this site or the public meeting, please call
Crystal Taylor, TCEQ Community Relations, at (800) 633-9363, extension 3844.
TRD-200501237
Paul C. Sarahan
Director, Litigation Division
Texas Commission on Environmental Quality
Filed: March 22, 2005
The Texas Commission on Environmental Quality (TCEQ or commission) staff
is providing an opportunity for written public comment on the listed Default
Orders (DOs). The commission staff proposes a DO when the staff has sent an
executive director's preliminary report and petition (EDPRP) to an entity
outlining the alleged violations; the proposed penalty; and the proposed technical
requirements necessary to bring the entity back into compliance; and the entity
fails to request a hearing on the matter within 20 days of its receipt of
the EDPRP. Similar to the procedure followed with respect to Agreed Orders
entered into by the executive director of the commission in accordance with
Texas Water Code (TWC), §7.075, this notice of the proposed order and
the opportunity to comment is published in the
Texas
Register
no later than the 30th day before the date on which the public
comment period closes, which in this case is
May 1,
2005
. The commission will consider any written comments received and
the commission may withdraw or withhold approval of a DO if a comment discloses
facts or considerations that indicate a proposed DO is inappropriate, improper,
inadequate, or inconsistent with the requirements of the statutes and rules
within the commission's jurisdiction, or orders and permits issued in accordance
with the commission's regulatory authority. Additional notice of changes to
a proposed DO is not required to be published if those changes are made in
response to written comments.
A copy of each proposed DO is available for public inspection at both the
commission's central office, located at 12100 Park 35 Circle, Building A,
3rd Floor, Austin, Texas 78753, (512) 239-3400 and at the applicable regional
office listed as follows. Comments about the DO should be sent to the attorney
designated for the DO at the commission's central office at P.O. Box 13087,
MC 175, Austin, Texas 78711-3087 and must be
received
by 5:00 p.m. on May 1, 2005
. Comments may also be sent by facsimile
machine to the attorney at (512) 239-3434. The commission's attorneys are
available to discuss the DOs and/or the comment procedure at the listed phone
numbers; however, comments on the DOs should be submitted to the commission
in
writing
.
(1) COMPANY: Flash Mart Stores, Inc.; DOCKET NUMBER: 2004-0250-PST-E; TCEQ
ID NUMBERS: 5657 and RN102318631; LOCATION: 8817 Clark Road, Dallas, Dallas
County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline;
RULES VIOLATED: 30 TAC §115.242(3)(J) and (L) and Texas Health and Safety
Code (THSC), §382.085(b), by failing to have a gasket for the dust cap
on the dry break vapor valve and failing to have a nozzle for a dispenser
that is certified by the California Air Resource Board; PENALTY: $1,060; STAFF
ATTORNEY: James Sallans, Litigation Division, MC 175, (512) 239-2053; REGIONAL
OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth,
Texas 76118-6951, (817) 588-5800.
(2) COMPANY: James O. Teague; DOCKET NUMBER: 2003-1408-MLM-E; TCEQ ID NUMBERS:
RN102974466 and RN102997947; LOCATION: County Road 303, Box 2852 Rainbow,
Somerville and 1 mile south of the Somerville-Bosque County line on State
Highway 144, Bosque County, Texas; TYPE OF FACILITY: property; RULES VIOLATED:
30 TAC §111.201 and THSC, §382.085(b), by failing to comply with
outdoor burning rules by conducting unauthorized burning of waste; and 30
TAC §330.5(a), by failing to properly dispose of municipal solid waste
such that the waste was not a threat to the waters in the state nor to human
health or the environment; PENALTY: $6,300; STAFF ATTORNEY: Barbara L. Klein,
Litigation Division, MC 175, (512) 239-1320; REGIONAL OFFICES: Waco Regional
Office, 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335
and Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas
76118-6951, (817) 588-5800.
(3) COMPANY: Travel Mart, Inc.; DOCKET NUMBER: 2003-1458-PST-E; TCEQ ID
NUMBERS: 0010748 and RN101851723; LOCATION: 7041 United States Highway 77,
Sinton, San Patricio County, Texas; TYPE OF FACILITY: convenience store with
retail sales of gasoline; RULES VIOLATED: 30 TAC §334.7(d)(3) and TCEQ
Agreed Order Docket Number 2002-0111-PST-E, Ordering Provisions IV.2.a, IV.2.b,
IV.2.e.ii., and IV.2.f., by failing to submit an amended registration on the
current status of the facility and failing to provide written certification
of the status; 30 TAC §334.55 and TCEQ Agreed Order Docket Number 2002-0111-PST-E,
Ordering Provisions IV.2.e.i., by failing to permanently remove the underground
storage tank system from service; PENALTY: $6,750; STAFF ATTORNEY: Rebecca
Nash Petty, Litigation Division, MC 175, (512) 239-3693; REGIONAL OFFICE:
Corpus Christi Regional Office, 6300 Ocean Drive, Suite 1200, Corpus Christi,
Texas 78412-5503, (361) 825-3100.
TRD-200501247
Paul C. Sarahan
Director, Litigation Division
Texas Commission on Environmental Quality
Filed: March 22, 2005
The Texas Commission on Environmental Quality (TCEQ or commission) staff
is providing an opportunity for written public comment on the listed Agreed
Orders (AOs) in accordance with Texas Water Code (TWC), §7.075. Section
7.075 requires that before the commission may approve the AOs, the commission
shall allow the public an opportunity to submit written comments on the proposed
AOs. Section 7.075 requires that notice of the opportunity to comment must
be published in the
Texas Register
no later
than the 30th day before the date on which the public comment period closes,
which in this case is
May 1, 2005
. Section 7.075
also requires that the commission promptly consider any written comments received
and that the commission may withdraw or withhold approval of an AO if a comment
discloses facts or considerations that the consent is inappropriate, improper,
inadequate, or inconsistent with the requirements of the statutes and rules
within the commission's orders and permits issued in accordance with the commission's
regulatory authority. Additional notice of changes to a proposed AO is not
required to be published if those changes are made in response to written
comments.
A copy of each proposed AO is available for public inspection at both the
commission's central office, located at 12100 Park 35 Circle, Building A,
3rd Floor, Austin, Texas 78753, (512) 239-3400 and at the applicable regional
office listed as follows. Comments about an AO should be sent to the attorney
designated for the AO at the commission's central office at P.O. Box 13087,
MC 175, Austin, Texas 78711-3087 and must be
received
by 5:00 p.m. on May 1, 2005
. 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: Alan and Yolanda Black dba Black's Construction and Caliche
Pit; DOCKET NUMBER: 2004-0553-MSW-E; TCEQ ID NUMBER: RN104153705; LOCATION:
off Highway 359, off J. C. Perez Road, Oilton, Webb County, Texas; TYPE OF
FACILITY: caliche pit; RULES VIOLATED: 30 TAC §330.4(a) and §330.5(a),
by failing to prevent the disposal of municipal solid waste at an unauthorized
disposal site; PENALTY: $3,750; STAFF ATTORNEY: Xavier Guerra, Litigation
Division, MC R-13, (210) 403-4016; REGIONAL OFFICE: Laredo Regional Office,
707 East Calton Road, Suite 304, Laredo, Texas 78041-3638, (956) 791-6611.
(2) COMPANY: David A. Fenoglio dba Sunset Water System; DOCKET NUMBER:
2003-0038-PWS-E; TCEQ ID NUMBERS: 1690007 and RN102693579; LOCATION: corner
of West Front Street and Cottage Grove Avenue, near the railroad tracks, Sunset,
Montague County, Texas; TYPE OF FACILITY: public water system; RULES VIOLATED:
30 TAC §290.46(f)(2) and (3)(A)(iv), by failing to maintain and have
available for review, records of the dates that dead-end mains were flushed;
30 TAC §290.46(f)(2) and (3)(A)(v), by failing to maintain and have available
for review, records of the dates of the cleaning by disinfection of new or
repaired lines; 30 TAC §290.46(f)(2), by failing to maintain and have
available for review records of the annual tank inspections for the three
ground storage and pressure tanks; 30 TAC §290.41(c)(3)(C) and §290.46(n)(3),
by failing to maintain and have available for review, records related to sealing
information, including for pressure cementing, or a cement bonding log or
other documentation to assure complete sealing of the annular space between
the casing and the drill hole of the wells; 30 TAC §290.46(i), by failing
to maintain and have available for review, records related to an adequate
plumbing ordinance, regulations or service agreements with provisions for
proper enforcement to ensure that neither cross-connections nor other unacceptable
plumbing practices are permitted; 30 TAC §290.46(n)(2), by failing to
maintain and have available an up-to-date distribution map on file at the
facility; 30 TAC §290.121(a), by failing to maintain and have available
for review an up-to-date chemical and microbiological monitoring plan on file;
30 TAC §290.46(f)(3)(A)(vi), by failing to maintain and have available
for review records of the maintenance records of the water system equipment
and facilities; 30 TAC §290.42(j), by failing to insure that all chemicals
used in the treatment of the water supplied conformed to American National
Standards Institute/National Sanitation Foundation Standards for direct additives
and indirect additives and were certified as conforming to those Standards;
30 TAC §290.46(d)(2)(A), by failing to maintain a chlorine residual of
0.2 milligram per liter throughout the distribution system; 30 TAC §290.46(h),
by failing to keep a supply of calcium hypochlorite on hand at the facility
for making repairs, setting meters, and disinfecting new mains; 30 TAC §290.46(t),
by failing to post a legible sign at the pump station containing the name
of the public water system and required contact information; 30 TAC §290.43(c)(2),
by failing to maintain a lockable cover on each ground storage tank roof that
is locked but capable of being opened for maintenance and inspections; 30
TAC §290.43(c), by failing to provide an overflow on the middle ground
storage tank; 30 TAC §290.43(c), by failing to provide access ladders
for all three ground storage tanks; 30 TAC §290.43(e), Agreed Order Number
2000-0031-PWS-E, Ordering Provision 2.c., and Texas Health and Safety Code
(THSC), §341.0315(c), by failing to install an intruder-resistant fence
with a lockable gate around the potable water tanks; 30 TAC §290.45(b)(1)(C)(iii),
Agreed Order Number 2000-0031-PWS-E, Ordering Provision 2.e.ii., and THSC, §341.0315(c),
by failing to provide at least two service pumps and a total service pump
capacity of 2.0 gallons per minute per connection; 30 TAC §290.45(b)(1)(C)(ii),
Agreed Order Number 2000-0031-PWS-E, Ordering Provision 2.e.i., and THSC, §341.0315(c),
by failing to provide total storage capacity of 200 gallons per connection;
30 TAC §290.43(e) and THSC, §341.0315(c), by failing to provide
an intruder-resistant fence with lockable gate around the potable water tanks;
30 TAC §290.46(u), by failing to plug abandoned wells or to prove through
test results that the wells are in a non-deteriorated condition; 30 TAC §290.45(b)(1)(C)(i)
and THSC, §341.0315(c), by failing to provide a well capacity of 0.6
gallons per minute per connection; 30 TAC §290.45(b)(1)(C)(iii) and THSC, §341.0315(c),
by failing to provide 2.0 gallons per minute per connection for service pump
capacity; 30 TAC §290.41(c)(3)(B), by failing to provide a well with
casing 18 inches above ground level; 30 TAC §290.41(c)(3)(J), by failing
to provide a concrete sealing block around the well casing that covers a three-foot
radius in all directions; 30 TAC §290.41(c)(3)(K), by failing to provide
a seal on the wellhead and a well casing vent; 30 TAC §290.41(c)(3)(O),
by failing to enclose the well with a locked, intruder-resistant fence or
a locked, ventilated well house; 30 TAC §290.110(c)(5)(A), by failing
to test the chlorine residual in the distribution system at least once every
seven days; 30 TAC §290.46(v), by failing to install electrical wiring
on the well in a mounted conduit in compliance with a local or national electrical
code; 30 TAC §290.41(c)(1)(F), by failing to secure sanitary easements
for the system's wells; 30 TAC §290.45(b)(1)(C)(ii) and THSC, §341.0315(c),
by failing to provide a total storage capacity of 200 gallons per connection;
30 TAC §290.109(c)(2), (g)(4), §290.122(c), and THSC, §341.033(d),
by failing to collect and submit routine monthly water samples for bacteriological
analysis and failing to provide public notice of the failure to sample; and
30 TAC §290.109(b)(2), (f)(3), (g)(3), §290.122(b), and THSC, §341.031(a),
by failing to prevent the facility from exceeding the maximum contaminate
level for total coliform bacteria and failing to provide public notice of
the violation; PENALTY: $4,725; STAFF ATTORNEY: Deborah A. Bynum, Litigation
Division, MC 175, (512) 239-1976; REGIONAL OFFICE: Abilene Regional Office,
1977 Industrial Boulevard, Abilene, Texas 79602-7833, (325) 698-9674.
(3) COMPANY: Larry Ratliff, Inc.; DOCKET NUMBER: 2004-0942-MLM-E; TCEQ
ID NUMBERS: A85535 and RN103776498; LOCATION: 2107 East Irving Road, Irving,
Dallas County, and 975 South Highway 67, Midlothian, Ellis County, Texas;
TYPE OF FACILITY: used oil transportation; RULES VIOLATED: 30 TAC §335.2(a)
and (b), §335.43(a), and 40 Code of Federal Regulations (CFR) §270.1(a),
by failing to obtain a permit or other authorization to transport, receive,
store, and process industrial and hazardous waste; 30 TAC §335.62 and
40 CFR §262.11, by failing to conduct proper hazardous waste determination
on cut up processed drums and two 55-gallon drums storing consolidated liquid
residues from processing drums for disposal; 30 TAC §335.4, by failing
to prevent the discharge of waste into or adjacent to waters in the state;
30 TAC §324.1 and 40 CFR §279.45(c), (d), and (g), by failing to
comply with standards for the management of used oil; 30 TAC §324.11(2),
by failing to register all specific used oil activities with the TCEQ; and
30 TAC §324.22 and §37.2011, by failing to demonstrate the soil
remediation financial assurance requirements for used oil handlers; PENALTY:
$20,000; STAFF ATTORNEY: Barbara L. Klein, Litigation Division, MC 175, (512)
239-1320; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel
Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(4) COMPANY: Michael Silvertooth dba Silvers Store & Motel; DOCKET
NUMBER: 2004-1515-PST-E; TCEQ ID NUMBER: RN101864171; LOCATION: Farm-to-Market
Road 21, one mile north of Lake Pittsburg, Titus 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 storage
tanks; and 30 TAC §334.22(a) and TWC, §5.702, by failing to pay
fees; PENALTY: $2,140; STAFF ATTORNEY: Mary Clair Lyons, Litigation Division,
MC 175, (512) 239-6996; REGIONAL OFFICE: Tyler Regional Office, 2916 Teague
Drive, Tyler, Texas 75701-3756, (903) 535-5100.
(5) COMPANY: R.J. Smelley Company, Inc. dba R.J. Smelley Dairy; DOCKET
NUMBER: 2001-0169-AGR-E; TCEQ ID NUMBERS: 02422 and RN101536886; LOCATION:
4750 Cattlebaron Drive, Fort Worth, Tarrant County, Texas; TYPE OF FACILITY:
dairy; RULES VIOLATED: 30 TAC §321.39(f)(28), §305.125(1), TCEQ
Permit Number 02422, Special Provisions Numbers 2.3 and 2.3.3, by failing
to take annual soil samples from the land managements units and failing to
submit soil sample analyses to the TCEQ; 30 TAC §321.39(a), (f)(26) and
(19)(I)(ii), by failing to develop an adequate pollution prevention plan;
30 TAC §321.39(f)(28)(G) and TWC, §26.121, by failing to discontinue
the application of waste to a field when phosphorous levels exceeded 200 parts
per million and by failing to submit a nutrient utilization plan; 30 TAC §321.39(f)(29), §305.125(1),
and TCEQ Permit Number 02422, Special Provision Number 2.4., by failing to
conduct annual waste and irrigation wastewater analyses and failing to submit
the analyses to TCEQ; 30 TAC §321.39(f)(18), by failing to prevent trees
from growing on the embankments of the waste storage ponds; 30 TAC §321.39(f)(24)(K)
and (19)(D) and TWC, §26.121, by failing to prevent ponding and puddling
in earthen pens and failing to conduct irrigation in a manner to prevent ponding
and puddling in irrigation fields; 30 TAC §321.40(1), by failing to ensure
that all construction was completed to contain contaminated runoff during
a 25-year, 24-hour rainfall event; 30 TAC §321.39(f)(24)(B), by failing
to provide runoff control measures for waste storage piles; and 30 TAC §111.201,
by failing to follow the outdoor burning prohibition; PENALTY: $25,500; STAFF
ATTORNEY: Barbara Klein, Litigation Division, MC 175, (512) 239-1320; REGIONAL
OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth,
Texas 76118-6951, (817) 588-5800.
(6) COMPANY: Star Tex Gasoline & Oil Distributors Inc. dba Star Trac
1; DOCKET NUMBER: 2003-0781-PST-E; TCEQ ID NUMBER: 0023481 and RN101378263;
LOCATION: 5416 Leopard Street, Corpus Christi, Nueces County, Texas; TYPE
OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED:
30 TAC §37.815(a) and (b), by failing to demonstrate acceptable financial
assurance for taking corrective action and for compensating third parties
for bodily injury and property damage caused by accidental releases arising
from the operation of petroleum underground storage tanks; and TWC, §7.101
and Default Order Number 2000-0294-PST-E, by failing to pay the administrative
penalty assessed under the Default Order; PENALTY: $4,730; STAFF ATTORNEY:
Laurencia Fasoyiro, Litigation Division, MC R-12, (713) 422-8914; REGIONAL
OFFICE: Corpus Christi Regional Office, 6300 Ocean Drive, Suite 1200, Corpus
Christi, Texas 78412-5503, (361) 825-3100.
(7) COMPANY: The Walden Woods Company; DOCKET NUMBER: 2004-0865-MWD-E;
TCEQ ID NUMBERS: 0014221001, 16464, and RN101522357; LOCATION: five miles
east-southeast of the intersection of United States Highway 287 and Farm-to-Market
Road 637, Eureka, Navarro County, Texas; TYPE OF FACILITY: domestic wastewater
system; RULES VIOLATED: 30 TAC §305.125(1) and Texas Pollutant Discharge
Elimination System Permit Number 0014221001, Effluent Limitations and Monitoring
Requirements 1, by failing to comply with the permitted effluent limitations
for total suspended solids, ammonia nitrogen, and carbonaceous biochemical
oxygen demand; PENALTY: $11,220; STAFF ATTORNEY: Ashley Kever, Litigation
Division, MC 175, (512) 239-2987; REGIONAL OFFICE: Dallas-Fort Worth Regional
Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(8) COMPANY: Tyler Pipe Company, A Division of McWane, Inc.; DOCKET NUMBER:
2003-0618-MLM-E; TCEQ ID NUMBERS: SK-0041-T and RN102679867; LOCATION: off
United States Highway 69, approximately four miles north of Loop 323, Smith
County, Texas; TYPE OF FACILITY: iron foundries; RULES VIOLATED: 30 TAC §116.115(c),
Permit Number 26203, Special Condition Number 11, and THSC, §382.085(b),
by failing to operate the coating application system within the limits and
specifications set forth by the manufacturer; 30 TAC §116.115(c), Permit
Number 26203, Special Condition Number 8, and THSC, §382.085(b), by exceeding
the permitted usage limit a total of 163 days; 30 TAC §116.115(c), Permit
Number 26203, Special Condition Numbers 16, 18, and 20, and THSC, §382.085(b),
by failing to exercise good housekeeping practices; 30 TAC §116.115(c),
Permit Number 26203, Special Condition Number 14(B), and THSC, §382.085(b),
by failing to maintain complete usage records and have them readily available
upon request; 30 TAC §116.116(b)(1), Permit Number 26203, and THSC, §382.085(b),
by failing to conduct the mixing process in accordance with the representations
made in the permit application; 30 TAC §116.110(a), Permit Number 9425,
and THSC, §382.0518(a) and §382.085(b), by failing to obtain new
source review (NSR) authorization for all emission points and pollutants;
30 TAC §101.20(3) and §116.160, Permit Number 9425, 40 CFR §51.166
and THSC, §382.085(b), by operating the impact molding process without
obtaining prevention of significant deterioration (PSD) authorization prior
to completing a major modification where the new emission increases in total
suspended particulates are greater than or equal to 15 tons per year (tpy)
and carbon monoxide (CO) is greater than or equal to 100 tpy; 30 TAC §101.10(b)(2)
and THSC, §382.085(b), by failing to accurately report CO emissions;
30 TAC §116.110(a), Permit Number 8157, and THSC, §382.0518(a) and §382.085(b),
by operating the Hermann Moldmaster process without obtaining NSR authorization
for all emission points and pollutants; 30 TAC §101.20(3) and 116.160;
40 CFR §51.166, Permit Number 8157, and THSC, §382.085(b), by operating
the Hermann Moldmaster process without obtaining PSD authorization prior to
completing a major modification to the process, causing emission increases
in total suspended particulate matter greater than or equal to 15 tpy and
CO greater than or equal to 100 tpy; 30 TAC §101.221(a) and §116.115(c),
Permit Number 8157, Special Condition Number 2, Permit Number 4246, Special
Condition Number 6, and THSC, §382.085(b), by failing to maintain all
air pollution capture and abatement equipment in good working order and operating
properly during plant operations; 30 TAC §116.110(a)(1), Permit Number
26516, and THSC, §382.0518(a) and §382.085(b), by failing to represent
all emissions generated from the graphite/isopropanol mixing and application
operations and the core wash process in its application for an air permit;
30 TAC §116.116(a)(1), Permit Number 45728, and THSC, §382.085(b),
by failing to route all volatile organic compounds (VOC) emissions from the
impact millroom drying tunnel to a thermal oxidizer; 30 TAC §101.201(a)
and THSC, §382.085(b), by failing to notify the TCEQ of an estimated
reportable quantity emission event within 24 hours of the event being discovered;
30 TAC §106.144(4) and §116.110(a)(4), Permit by Rule Number 53044,
and THSC, §382.085(b), by failing to submit a registration form to the
TCEQ prior to relocating the sand storage silo; 30 TAC §116.110(a)(1)
and THSC, §382.0518(a) and §382.085(b), by failing to obtain NSR
authorization prior to constructing and operating the particulate matter (PM)
stands process line; 30 TAC §116.116(a), Permit Number 22200, and THSC, §382.085(b),
by failing to accurately represent the VOC emissions from the 4260 Casting
and Coating Process; 30 TAC §305.125(1), Texas Pollutant Discharge Elimination
System (TPDES) Permit Number 01793, Effluent Limitations and Monitoring Requirements,
Provision Number 1, and TWC, §26.121(a)(1), by exceeding the permitted
effluent limits for chemical oxygen demand (COD), oil, grease, and Zinc; 30
TAC §319.11(a) and (b), and TPDES Permit Number 01793, Monitoring and
Reporting, Provision Number 2, by failing to properly collect and preserve
samples in one instance by using approved methods; Mulit-Sector General Permit
(MSGP) Number TXR05P127, Part III, Section A.3.(b), by failing to conduct
a survey of potential non-storm water sources and to test or inspect the storm
sewer system for the presence of non-storm water flows; MSGP Number TXR05P127,
Part III, Section A.5.(h), by failing to perform quarterly visual monitoring
of the storm water discharge from each of the four storm water outfalls; 30
TAC §116.110(a), Permit Number 222000, and THSC, §382.0518(a) and §382.085(b),
by operating the plant without a valid permit; 30 TAC §116.110(a) and
THSC, §382.0518(a) and §382.085(b), by exceeding permit by rule
emission limits for volatile organic compounds at the South Plant Production
Finishing tank and not having other authorization for the emissions; 30 TAC §116.110(a)
and THSC, §382.0518(a) and §382.085(b), by failing to verify that
actual emissions were within the emission rate represented in the permit application
for the Torrit Baghouse; 30 TAC §116.110(a) and THSC, §382.0518(a)
and §382.085(b), by failing to obtain NSR authorization for engaging
in modifications involving the usage of mag rods and a bubbling pot; 30 TAC §116.160,
40 CFR §51.166, and THSC, §382.085(b), by failing to obtain PSD
authorization prior to completing a major modification where the actual to
potential emission increases in PM10 are greater than or equal to 15 tpy and
CO are greater than or equal to 100 tpy; 30 TAC §116.116, Permit Number
4581, and THSC, §382.0518(a) and §382.085(b), by failing to operate
the ductile inoculation fugitive emission collection system on the 65-ton
furnace with an efficiency of 99% as represented in the permit amendment application;
30 TAC §116.110(a) and THSC, §382.0518(a) and §382.085(b),
by constructing and operating the South Plant Impact Millroom dip tank without
obtaining a permit or other authorization; 30 TAC §101.201(b), by failing
to record and report all of the information required in the final record for
the emission events; 30 TAC §116.115(c), TWC, §382.085(b), TCEQ
Air Permit Number 4246, Special Provision Numbers 1 and 3, and TCEQ Air Permit
Number 70403, Special Conditions Number 1, by failing to prevent unauthorized
emissions released during emissions events; and 30 TAC §101.201(a), by
failing to submit an initial notification within 24 hours after the discovery
of an emission event; PENALTY: $1.5 million; STAFF ATTORNEY: Paul Sarahan,
Litigation Division, MC 175, (512) 239-3423; James Biggins, Litigation Division,
MC 175, (713) 767-3500. REGIONAL OFFICE: Tyler Regional Office, 2916 Teague
Drive, Tyler, Texas 75701-3756, (903) 535-5100.
TRD-200501246
Paul C. Sarahan
Director, Litigation Division
Texas Commission on Environmental Quality
Filed: March 22, 2005
The following notices were issued during the period of March 14, 2005 through
March 22, 2005.
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 AUSTIN has applied for a major amendment to TPDES Permit No. 14036-001
to authorize an increase in the discharge of treated domestic wastewater from
a daily average flow not to exceed 150,000 gallons per day to a daily average
flow not to exceed 300,000 gallons per day. The facility is located approximately
0.75 miles south of State Highway 71 and approximately 8 miles east of the
intersection of State Highway 71 and U. S. Highway 183 in Travis County, Texas.
COLORADO COUNTY WATER CONTROL AND IMPROVEMENT DISTRICT NO. 2 has applied
for a renewal of TPDES Permit No. 10152-001, 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 25 feet east of the
intersection of Mansfield and Wirtz Streets in the City of Garwood in Colorado
County, Texas.
DALLAS FORT WORTH INTERNATIONAL AIRPORT BOARD which operates the Dallas
Fort Worth International Airport, has applied fora major amendment to TCEQ
Permit No. WQ0001441000 to authorize modification to effluent limitations
at Outfall 001 and the addition of Outfalls 014, 019, 020, 023, 025, and 059
which will discharge Other Storm Water on an intermittent and flow variable
basis. The current permit authorizes the discharge of storm water runoff at
a daily maximum flow not to exceed 4,500,000 gallons per day via Outfall 001.
The facility is located within the northeast corner of Tarrant County and
the northwest corner of Dallas County, just southeast of Grapevine Lake, in
Tarrant and Dallas Counties, Texas.
HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 119 has applied for a renewal
of TPDES Permit No. 12714-001, 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 800 feet southeast of the intersection
of Breen Road and North Houston Rosslyn Road in Harris County, Texas.
JACKSON COUNTY WATER CONTROL & IMPROVEMENT DISTRICT NO. 1 has applied
for a renewal of TPDES Permit No. 10911-001, which authorizes the discharge
of treated domestic wastewater at a daily average flow not to exceed 62,000
gallons per day. The facility is located at the east end of Elm Street and
approximately 3,000 feet southeast of the intersection of Farm-to-Market Road
616 and Farm-to-Market Road 1593 in the eastern section of Lolita in Jackson
County, Texas.
LUTHERAN OUTDOORS MINISTRY OF TEXAS, INC. has applied for a renewal of
TPDES Permit No. 12168-001, which authorizes the discharge of treated domestic
wastewater at a daily average flow not to exceed 35,000 gallons per day. The
facility is located approximately 1.8 miles northeast of the intersection
of Farm-to-Market Road 155 and U.S. Highway 77 in Fayette County, Texas.
SAN ANTONIO WATER SYSTEM has applied for a renewal of Permit No. 10137-043,
which authorizes the disposal of treated domestic wastewater at a volume not
to exceed a daily average flow of 75,000 gallons per day via irrigation of
24 acres of non-public access land. This permit will not authorize a discharge
of pollutants into waters in the State. The facility and disposal site are
located off State Highway 16 at the southwest corner of the intersection of
State Highway 16 and Ranch Parkway, approximately 4
1/2 miles
northwest of the intersection of State Highway 16 and Farm-to-Market Road
1604, and approximately 22 miles northwest of the Bexar County Courthouse
in Bexar County, Texas.
TEXAS PARKS AND WILDLIFE DEPARTMENT has applied for a renewal of Permit
No. 11962-001, 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 of 20 acres. This permit will not authorize a discharge of pollutants
into waters in the State. The facility and disposal site are located approximately
2,300 feet southwest of the Frio River crossing of Farm-to-Market Road 1050
in the Garner State Park about 26 miles north of the City of Uvalde in Uvalde
County, Texas.
WEBB COUNTY which operates a reverse osmosis process water treatment plant,
has applied for a renewal of Permit No. WQ0004184000, which authorizes the
disposal of reject water from the reverse osmosis treatment plant at a daily
maximum flow not to exceed 28,800 gallons per day via evaporation. This permit
will not authorize a discharge of pollutants into water in the State. The
facility and land application site are located North of State Highway 59,
approximately 15 miles east of the City of Laredo, Webb County, Texas.
Written comments or requests for a public meeting may be submitted to the
Office of the Chief Clerk, at the address provided in the information section
above, WITHIN 30 DAYS OF THE ISSUED DATE OF THIS NOTICE
The Texas Commission on Environmental Quality (TCEQ) has initiated a minor
amendment of the Texas Pollutant Discharge Elimination System (TPDES) permit
issued to the CITY OF GARLAND to correct pretreatment language. The facility
is located at 750 Duck Creek Way; south of Lake Ray Hubbard Dam and north
of Interstate Highway 20 near the Town of Sunnyvale in Kaufman County, Texas.
TRD-200501262
LaDonna Castañuela
Chief Clerk
Texas Commission on Environmental Quality
Filed: March 23, 2005
Notices mailed March 22 and March 23, 2005.
APPLICATION NO. 5868; The Umphrey Family Limited Partnership, a Texas Limited
Partnership, 490 Park Street, Beaumont, Texas 77704, Applicant, seeks a Water
Use Permit pursuant to Texas Water Code 11.121 and Texas Commission on Environmental
Quality Rules 30 Texas Administrative Code (TAC) 295.1, et seq. Applicant
seeks authorization to maintain an existing low-water crossing and to construct
and maintain a second low-water crossing approximately eight miles northwest
of San Marcos and seven miles east of Wimberly on the Blanco River, tributary
of the San Marcos River, tributary of the Guadalupe River, Guadalupe River
Basin in Hays County. The first crossing impounds 1.21 acre-feet of water
with a surface area of 0.08 acre on the Blanco River at a point bearing, N
40.498 E, 318.70 feet from the northeast corner of the John F. Brown Survey,
Abstract No. A-72, also being at Latitude 30.002 N and Longitude 97.992 W.
The proposed crossing will be constructed on the Blanco River at a point bearing
S 1.352 W , 1,267.65 feet from the northeast corner of the David Holderman
Survey, Abstract No. A-225, also being at Latitude 29.999 N and Longitude
97.994 W, and will impound 0.08 acre-foot of water with a surface area of
0.05 acre. The water impounded is for in-place recreation with no right of
diversion requested. The Blanco River is a navigable stream, the bed of which
is owned by the State of Texas and regulated by the General Land Office (GLO).
The GLO determined that the low-water dams are inside a survey subject to
the Small Bill and therefore the State has no public domain and a permit from
the GLO would not be required to construct and maintain the low-water crossings.
The Commission will review the application as submitted by the applicant and
may or may not grant the application as requested. The application and fees
were received on November 8, 2004, and additional information was received
on January 6 and February 14, 2005. The application was declared administratively
complete and filed with the Office of the Chief Clerk on February 17, 2005.
Written public comments and requests for a public meeting should be submitted
to the Office of Chief Clerk, at the address provided in the information section
below, within 30 days of the date of newspaper publication of the notice.
Application No. 5875; Hanson Aggregates West, Inc., P.O. Box 650274, Irving,
Texas 75265-0274, applicant, seeks a temporary Water Use Permit, pursuant
to Texas Water Code 11.138 and Texas Commission on Environmental Quality Rules
30 Texas Administrative Code (TAC) 295.1, et seq. Hanson Aggregates West,
Inc. has applied for an temporary water right permit for authorization to
divert and use 50 acre-feet of water within a two year period from the Red
River, Red River Basin, for mining purposes in Cooke County. Water will be
diverted at a maximum rate of 22.282 cfs (10,000 gpm) from a point located
at 34.900 N Latitude, 97.185 W Longitude, being 20 miles northwest from the
city of Gainsville and 12 miles northeast from Marysville, Cooke County. The
temporary permit, if issued, will be junior in priority to all senior and
superior water rights in the Red River Basin. 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 December 15, 2004 and additional
information and fees were received on February 22 and March 9, 2005. The application
was declared administratively complete and filed with the Office of the Chief
Clerk on March 11, 2005. Written public comments and requests for a public
meeting should be submitted to the Office of Chief Clerk, at the address provided
in the information section below, by April 13, 2005.
INFORMATION SECTION
A public meeting is intended for the taking of public comment, and is not
a contested case hearing.
The Executive Director can consider approval of an application unless a
written request for a contested case hearing is filed. To request a contested
case hearing, you must submit the following: (1) your name (or for a group
or association, an official representative), mailing address, daytime phone
number, and fax number, if any: (2) applicant's name and permit number; (3)
the statement "[I/we] request a contested case hearing;" and (4) a brief and
specific description of how you would be affected by the application in a
way not common to the general public. You may also submit any proposed conditions
to the requested application which would satisfy your concerns. Requests for
a contested case hearing must be submitted in writing to the TCEQ Office of
the Chief Clerk at the address provided in the information section below.
If a hearing request is filed, the Executive Director will not issue the
requested permit and may forward the application and hearing request to the
TCEQ Commissioners for their consideration at a scheduled Commission meeting.
Written hearing requests, public comments or requests for a public meeting
should be submitted to the Office of the Chief Clerk, MC 105, TCEQ, P.O. Box
13087, Austin, TX 78711-3087. For information concerning the hearing process,
please contact the Public Interest Counsel, MC 103, at the same address. For
additional information, individual members of the general public may contact
the Office of Public Assistance at 1-800-687-4040. General information regarding
the TCEQ can be found at our web site at www.tceq.state.tx.us.
TRD-200501261
LaDonna Castañuela
Chief Clerk
Texas Commission on Environmental Quality
Filed: March 23, 2005
The Texas Commission on Environmental Quality (TCEQ or commission) staff
is providing an opportunity for written public comment on the listed Agreed
Orders (AOs) in accordance with Texas Water Code (the Code), §7.075,
which requires that the commission may not approve these AOs unless the public
has been provided an opportunity to submit written comments. Section 7.075
requires that notice of the proposed orders and the opportunity to comment
must be published in the
Texas Register
no
later than the 30th day before the date on which the public comment period
closes, which in this case is
May 23, 2005
.
Section 7.075 also requires that the commission promptly consider any written
comments received and that the commission may withhold approval of an AO if
a comment discloses facts or considerations that indicate the proposed AO
is inappropriate, improper, inadequate, or inconsistent with the requirements
of the Code, the Texas Health and Safety Code (THSC), and/or the Texas Clean
Air Act (the Act). Additional notice is not required if changes to an AO are
made in response to written comments.
A copy of each proposed AO is available for public inspection at both the
commission's central office, located at 12100 Park 35 Circle, Building C,
1st Floor, Austin, Texas 78753, (512) 239-1864 and at the applicable regional
office listed as follows. Written comments about an AO should be sent to the
enforcement coordinator designated for each AO at the commission's central
office at P.O. Box 13087, Austin, Texas 78711-3087 and must be
received by 5:00 p.m. on May 23, 2005
. 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: Allina Business, Inc. dba Five Star Food Mart; DOCKET NUMBER:
2004-1956-PST-E; IDENTIFIER: Petroleum Storage Tank (PST) Number 35649, Regulated
Entity Reference Number (RN) 101778272; LOCATION: Houston, Harris County,
Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline;
RULE VIOLATED: 30 TAC §37.815(a) and (b), by failing to demonstrate acceptable
financial assurance; PENALTY: $1,780; ENFORCEMENT COORDINATOR: Shontay Wilcher,
(512) 239-2136; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas
77023-1486, (713) 767-3500.
(2) COMPANY: Brownfield Independent School District; DOCKET NUMBER: 2004-2070-PST-E;
IDENTIFIER: PST Number 10138, RN101864809; LOCATION: Brownfield, Terry County,
Texas; TYPE OF FACILITY: bus barn; RULE VIOLATED: 30 TAC §37.815(a) and
(b), by failing to demonstrate acceptable financial assurance; PENALTY: $2,400;
ENFORCEMENT COORDINATOR: Jill McNew, (512) 239-0560; REGIONAL OFFICE: 4630
50th Street, Suite 600, Lubbock, Texas 79414-3520, (806) 796-7092.
(3) COMPANY: Charter Roofing Co., Inc.; DOCKET NUMBER: 2004-2018-PST-E;
IDENTIFIER: RN104302864; LOCATION: Houston, Harris County, Texas; TYPE OF
FACILITY: roofing company with fleet refueling operations; RULE VIOLATED:
30 TAC §334.49(a) and the Code, §26.3475(d), by failing to equip
the underground storage tank (UST) system with corrosion protection; 30 TAC §37.815(a)
and (b), by failing to demonstrate acceptable financial assurance; 30 TAC §334.50(b)(1)(A)
and (2)(A)(ii) and the Code, §26.3475(a) and (c)(1), by failing to monitor
the UST system in a manner which will detect a release and by failing to monitor
the UST system piping monthly for releases; 30 TAC §334.7(a)(1) and the
Code, §26.346(a), by failing to register a UST; 30 TAC §334.8(c)(4)(B)
and (5)(A)(i) and the Code, §26.346(a) and §26.3467(a), by failing
to submit a current, accurate registration and self-certification form and
by failing to make available to a common carrier a valid, current delivery
certificate; and 30 TAC §334.51(b)(2)(B) and the Code, §26.3475(c)(2),
by failing to equip the UST fill tube with a spill container, catchment basin,
or enclosed in a liquid-tight manway, riser, or sump; PENALTY: $10,400; ENFORCEMENT
COORDINATOR: Trina Grieco, (210) 490-3096; REGIONAL OFFICE: 5425 Polk Avenue,
Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(4) COMPANY: Aarey Colloney, Inc. dba Cheek Grocery Store; DOCKET NUMBER:
2004-1725-PST-E; IDENTIFIER: PST Facility Identification Number 12295, RN101757391;
LOCATION: Beaumont, Jefferson County, Texas; TYPE OF FACILITY: convenience
store with retail sales of gasoline; RULE VIOLATED: 30 TAC §115.246(3)
and (7) and THSC, §382.085(b), by failing to maintain and keep records
on site at the station; 30 TAC §334.8(c)(5)(C), by failing to ensure
that all USTs are properly identified on the registration and self-certification
form; 30 TAC §334.50(b)(2)(A)(i)(III) and the Code, §26.3475(a),
by failing to test a line leak detector for performance and reliability; and
30 TAC §334.8(c)(4)(A)(vii) and (5)(A)(i) and the Code, §26.3467(a),
by failing to ensure that the UST registration and self-certification form
is fully and accurately completed and by failing to make available a valid,
current delivery certificate; PENALTY: $11,200; ENFORCEMENT COORDINATOR: Merrilee
Hupp, (512) 239-4490; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas
77703-1892, (409) 898-3838.
(5) COMPANY: Circle K Stores, Inc. dba Circle K Store 2705313; DOCKET NUMBER:
2004-1917-AIR-E; IDENTIFIER: Air Account Number EE1746A, RN102767134; LOCATION:
El Paso, 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 allegedly offering for sale gasoline with an oxygen content lower than
the 2.7% by weight; PENALTY: $600; ENFORCEMENT COORDINATOR: Steven Lopez,
(512) 239-1896; REGIONAL OFFICE: 401 East Franklin Avenue, Suite 560, El Paso,
Texas 79901-1206, (915) 834-4949.
(6) COMPANY: Coastal King, LTD; DOCKET NUMBER: 2004-0447-PST-E; IDENTIFIER:
PST Facility Identification Number 73780, RN102833662; LOCATION: Corpus Christi,
Nueces County, Texas; TYPE OF FACILITY: convenience store with retail sales
of gasoline; RULE VIOLATED: 30 TAC §334.48(c), by failing to conduct
effective manual or automatic inventory control procedures; and 30 TAC §334.50(b)(1)(A)
and (2)(A)(i)(III) and the Code, §26.3475(a) and (c), by failing to monitor
the USTs for releases; PENALTY: $3,000; ENFORCEMENT COORDINATOR: Steven Lopez,
(512) 239-1896; REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi,
Texas 78412-5503, (361) 825-3100.
(7) COMPANY: Coronado Golf and Country Club; DOCKET NUMBER: 2004-1981-AIR-E;
IDENTIFIER: Air Account Number EE1689K, RN100819820; LOCATION: El Paso, El
Paso County, Texas; TYPE OF FACILITY: membership sport and recreation club;
RULE VIOLATED: 30 TAC §114.100(a) and THSC, §382.085(b), by failing
to dispense gasoline with an oxygen content lower than 2.7% by weight; PENALTY:
$816; ENFORCEMENT COORDINATOR: Mauricio Olaya, (915) 834-4949; REGIONAL OFFICE:
401 East Franklin Avenue, Suite 560, El Paso, Texas 79901-1206, (915) 834-4949.
(8) COMPANY: Cripple Creek Restaurant, Inc. dba Cripple Creek Restaurant;
DOCKET NUMBER: 2004-1534-PWS-E; IDENTIFIER: Public Water Supply (PWS) Number
2330044, RN101657872; LOCATION: Del Rio, Val Verde County, Texas; TYPE OF
FACILITY: transient/non-community water supply; RULE VIOLATED: 30 TAC §290.109(b)(2),
(c)(2)(F) and (3)(A)(ii), and §290.122(a)(1)(A) and (c)(1)(B), and THSC, §341.033(d)
and §341.0315(c), by exceeding the maximum contaminant level for total
coliform bacteria, by failing to collect and submit the appropriate number
of additional samples, and by failing to conduct repeat monitoring for coliform;
and 30 TAC §290.51(a)(3) and the Code, §5.702, by failing to pay
past due public health service fees; PENALTY: $5,600; ENFORCEMENT COORDINATOR:
Michael Meyer, (512) 239-4492; REGIONAL OFFICE: 1403 Seymour, Suite 2, Laredo,
Texas 78040-8752, (956) 791-6611.
(9) COMPANY: Frank Kalsbeek dba Dairy Cow Compost; DOCKET NUMBER: 2004-1850-WQ-E;
IDENTIFIER: Water Quality General Permit Identification Number WQG200003,
RN104385364; LOCATION: Dublin, Erath County, Texas; TYPE OF FACILITY: animal
waste composting; RULE VIOLATED: Water Quality General Permit Number WQG200003
and the Code, §26.121(a)(1), by failing to prevent an unauthorized discharge
of agriculture waste; PENALTY: $600; ENFORCEMENT COORDINATOR: Brandon Smith,
(512) 239-4471; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951,
(817) 588-5800.
(10) COMPANY: Dauglas Enterprises, Inc. dba New K & T Quick Stop; DOCKET
NUMBER: 2004-1938-PST-E; IDENTIFIER: PST Facility Identification Number 25165,
RN102439932; LOCATION: Fort Worth, Tarrant County, Texas; TYPE OF FACILITY:
convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §37.815(a)
and (b), by failing to provide acceptable financial assurance; PENALTY: $1,600;
ENFORCEMENT COORDINATOR: Jill McNew, (512) 239-0560; REGIONAL OFFICE: 2301
Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(11) COMPANY: De La Fuente Enterprises, LLC dba De La Fuente Inc.; DOCKET
NUMBER: 2004-1896-PST-E; IDENTIFIER: PST Facility Identification Number 75818,
RN103767984; LOCATION: Eagle Pass, Maverick County, Texas; TYPE OF FACILITY:
convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §37.815(a)
and (b), by failing to demonstrate acceptable financial assurance; PENALTY:
$1,900; ENFORCEMENT COORDINATOR: Lynley Doyen, (512) 239-1364; REGIONAL OFFICE:
14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.
(12) COMPANY: Domingo Escobedo dba Escobedo Exxon; DOCKET NUMBER: 2004-2008-PST-E;
IDENTIFIER: PST Facility Identification Number 32186, RN102245271; LOCATION:
Crane, Crane County, Texas; TYPE OF FACILITY: convenience store with retail
sales of gasoline; RULE VIOLATED: 30 TAC §37.815(a) and (b), by failing
to demonstrate acceptable financial assurance; PENALTY: $2,400; ENFORCEMENT
COORDINATOR: Melissa Keller, (512) 239-1768; REGIONAL OFFICE: 3300 North A
Street, Building 4, Suite 107, Midland, Texas 79705-5404, (915) 570-1359.
(13) COMPANY: Evans Houston Corporation dba Shelton Road Drumming Plant;
DOCKET NUMBER: 2004-0359-IHW-E; IDENTIFIER: Solid Waste Registration Number
32072, RN101450005; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY:
drum reconditioning and packaging; RULE VIOLATED: 30 TAC §335.112(a)(9)
and 40 Code of Federal Regulations §265.195(a) and (c), by failing to
conduct and provide documents for inspections conducted on tanks; PENALTY:
$2,675; ENFORCEMENT COORDINATOR: Harvey Wilson, (512) 239-0321; REGIONAL OFFICE:
5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(14) COMPANY: Green Ribbon Enterprises, Inc. dba Kwik Serve; DOCKET NUMBER:
2004-1797-PST-E; IDENTIFIER: PST Facility Identification Number 4969, RN101882959;
LOCATION: Conroe, Montgomery County, Texas; TYPE OF FACILITY: convenience
store with retail sales of gasoline; RULE VIOLATED: 30 TAC §37.815(a)
and (b), by failing to demonstrate acceptable financial assurance; PENALTY:
$1,700; ENFORCEMENT COORDINATOR: Merrilee Hupp, (512) 239-4490; REGIONAL OFFICE:
5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(15) COMPANY: Highway Travel Centers, Inc. dba Roadrunner Travel; DOCKET
NUMBER: 2004-1707-PST-E; IDENTIFIER: PST Facility Identification Number 72190,
RN102485794; LOCATION: Robstown, Nueces County, Texas; TYPE OF FACILITY: convenience
store with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.50(b)(1)(A)
and the Code, §26.3475(c)(1), by failing to conduct proper release detection;
and 30 TAC §334.48(c), by failing to conduct effective manual or automatic
inventory control procedures; PENALTY: $6,000; ENFORCEMENT COORDINATOR: Audra
Ruble, (361) 825-3100; REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus
Christi, Texas 78412-5503, (361) 825-3100.
(16) COMPANY: Jerry D. Womack dba J & H; DOCKET NUMBER: 2004-2059-PST-E;
IDENTIFIER: PST Facility Identification Number 73366, RN102250081; LOCATION:
Azle, Tarrant County, Texas; TYPE OF FACILITY: convenience store with retail
sales of gasoline; RULE VIOLATED: 30 TAC §37.815(a) and (b), by failing
to demonstrate acceptable financial assurance; PENALTY: $1,900; ENFORCEMENT
COORDINATOR: Melissa Keller, (512) 239-1768; REGIONAL OFFICE: 2301 Gravel
Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(17) COMPANY: Salim Hussain dba Kirby Food 1; DOCKET NUMBER: 2002-0077-PST-E;
IDENTIFIER: PST Facility Identification Number 24663; LOCATION: Tyler, Smith
County, Texas; TYPE OF FACILITY: retail gasoline station; RULE VIOLATED: 30
TAC §37.815(a) and (b), by failing to demonstrate acceptable financial
assurance; 30 TAC §334.8(c)(4)(B) and (5)(A)(i) and the Code, §26.346(a)
and §26.3467(a), by failing to submit the UST compliance certification
form and by failing to make available to a common carrier a valid, current
delivery certificate; 30 TAC §334.51(b)(2)(C) and the Code, §26.3475(c)(2),
by failing to demonstrate overfill protection equipment; 30 TAC §334.49(a)
and the Code, §26.3475(d), by failing to demonstrate corrosion protection
for the UST systems; 30 TAC §334.50(b)(2)(A)(i)(III) and (ii)(I), and
(d)(1)(B)(iii)(I), and the Code, §26.3475(c)(1), by failing to conduct
annual line tightness tests for the pressurized piping system and the annual
performance test and by failing to conduct inventory volume measurements for
substance inputs, withdrawals, and amounts still remaining in the tanks; and
30 TAC §334.46(g)(1)(H), by failing to properly cap, label, and secure
all monitoring and observation wells; PENALTY: $27,600; ENFORCEMENT COORDINATOR:
Pamela Campbell, (512) 239-4493; REGIONAL OFFICE: 2916 Teague Drive, Tyler,
Texas 75701-3756, (903) 535-5100.
(18) COMPANY: Laguna Madre Water District; DOCKET NUMBER: 2004-1949-MWD-E;
IDENTIFIER: Texas Pollutant Discharge Elimination System (TPDES) Permit Number
10350001, RN102079852; LOCATION: Port Isabel, Cameron County, Texas; TYPE
OF FACILITY: domestic wastewater system; RULE VIOLATED: 30 TAC §305.125(1)
and the Code, §26.121(a), by failing to comply with the permitted effluent
limits; PENALTY: $12,375; ENFORCEMENT COORDINATOR: Brandon Smith, (512) 239-4471;
REGIONAL OFFICE: 1804 West Jefferson Avenue, Harlingen, Texas 78550-5247,
(956) 425-6010.
(19) COMPANY: Lattimore Materials Company, L.P. dba Coppell Ready Mix;
DOCKET NUMBER: 2004-2020-WQ-E; IDENTIFIER: TPDES Permit Number TXG110116,
RN102535440; LOCATION: Coppell, Dallas County, Texas; TYPE OF FACILITY: ready-mix
concrete manufacturing; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit
Number TXG110116, and the Code, §26.121(a), by failing to comply with
permitted effluent limits for total suspended solids and pH; PENALTY: $2,080;
ENFORCEMENT COORDINATOR: Joseph Daley, (512) 239-3308; REGIONAL OFFICE: 2301
Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(20) COMPANY: Lone Star Corrugated Container Corporation; DOCKET NUMBER:
2005-0013-PST-E; IDENTIFIER: PST Facility Identification Number 16698, RN100857358;
LOCATION: Irving, Dallas County, Texas; TYPE OF FACILITY: industrial and chemical
manufacturing; RULE VIOLATED: 30 TAC §37.815(a) and (b), by failing to
demonstrate acceptable financial assurance; PENALTY: $800; ENFORCEMENT COORDINATOR:
Shontay Wilcher, (512) 239-2136; REGIONAL OFFICE: 2301 Gravel Drive, Fort
Worth, Texas 76118-6951, (817) 588-5800.
(21) COMPANY: MFP Gas Service Company, L.C. dba Highway Oil; DOCKET NUMBER:
2004-1700-PST-E; IDENTIFIER: PST Facility Identification Number 1274, RN101565356;
LOCATION: White Settlement, Dallas County, Texas; TYPE OF FACILITY: convenience
store with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.49(a)
and the Code, §26.3475(d), by failing to provide corrosion protection;
and 30 TAC §334.8(c)(5)(C), by failing to ensure that all USTs are properly
identified on the registration and self-certification form; PENALTY: $8,000;
ENFORCEMENT COORDINATOR: Merrilee Hupp, (512) 239-4490; REGIONAL OFFICE: 2301
Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(22) COMPANY: Alex Mair dba Mair Rentals; DOCKET NUMBER: 2004-0909-PWS-E;
IDENTIFIER: PWS Number 0040053, RN104248182; LOCATION: Rockport, Aransas County,
Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.110(b)(2)
and (d)(3)(C)(i), by failing to maintain a chlorine residual of 0.2 milligrams
per liter and by failing to measure the free chlorine residual; 30 TAC §290.42(e)(3),
by failing to ensure that disinfection equipment is selected and installed;
30 TAC §290.45(b)(1)(A)(ii) and THSC, §341.0315(c), by failing to
provide a pressure tank capacity of 50 gallons per connection; 30 TAC §290.46(e)(4)(A)
and (r), by failing to provide a certified operator and by failing to provide
a minimum pressure of 35 pounds per square inch throughout the distribution
system; 30 TAC §290.41(c)(1)(F) and (3)(K), (M), (N), and (O), by failing
to provide a sanitary easement for the well, by failing to provide a proper
casing vent for the well, by failing to provide a raw water sampling tap for
the well, by failing to provide a flow meter for the well, and by failing
to ensure that the well house is locked; and 30 TAC §290.109(c)(2)(A)
and THSC, §341.033(d), by failing to collect monthly bacteriological
samples; PENALTY: $2,680; ENFORCEMENT COORDINATOR: Audra Ruble, (361) 825-3100;
REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5503,
(361) 825-3100.
(23) COMPANY: Namj.C, Inc. dba M & S Express; DOCKET NUMBER: 2004-1576-PST-E;
IDENTIFIER: PST Facility Identification Number 39544, RN102029527; LOCATION:
San Antonio, Bexar County, Texas; TYPE OF FACILITY: convenience store with
retail sales of gasoline; RULE VIOLATED: 30 TAC §334.50(b)(1)(A) and
the Code, §26.3475(c)(1), by failing to monitor USTs for releases; 30
TAC §334.7(d)(3), by failing to amend the UST registration to reflect
correct tank information; and 30 TAC §334.10(b), by failing to provide
documentation of corrosion and overfill protection; PENALTY: $4,880; ENFORCEMENT
COORDINATOR: Erika Fair, (512) 239-6673; REGIONAL OFFICE: 14250 Judson Road,
San Antonio, Texas 78233-4480, (210) 490-3096.
(24) COMPANY: Naurin, Inc. dba Shell III; DOCKET NUMBER: 2004-0432-PST-E;
IDENTIFIER: PST Facility Identification Number 13710, RN101563476; LOCATION:
Dallas, Dallas County, Texas; TYPE OF FACILITY: convenience store with retail
sales of gasoline; RULE VIOLATED: 30 TAC §115.246(1) - (4) and THSC, §382.085(b),
by failing to maintain, for review, a copy of the facility's California Air
Resource Board Executive Order, Stage II employee training records; PENALTY:
$1,150; ENFORCEMENT COORDINATOR: Chris Friesenhahn, (210) 490-3096; REGIONAL
OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(25) COMPANY: City of Pearsall; DOCKET NUMBER: 2003-0377-MWD-E; IDENTIFIER:
TPDES Permit Number 10360-001; LOCATION: Pearsall, Frio County, Texas; TYPE
OF FACILITY: domestic wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1),
TPDES Permit Number 10360-001, and the Code, §26.121(a), by failing to
comply with permitted limits for ammonia nitrogen and five-day carbonaceous
biochemical oxygen demand; PENALTY: $4,040; ENFORCEMENT COORDINATOR: Erika
Fair, (512) 239-6673; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas
78233-4480, (210) 490-3096.
(26) COMPANY: Red Creek Municipal Utility District; DOCKET NUMBER: 2004-1550-PWS-E;
IDENTIFIER: PWS Number 2260101, RN101453082; LOCATION: San Angelo, Tom Green
County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.104(f)(2)
and THSC, §341.031(a), by failing to maintain at least 0.2 milligrams
per liter free chlorine residual; PENALTY: $180; ENFORCEMENT COORDINATOR:
Michael Limos, (512) 239-5839; REGIONAL OFFICE: 622 South Oakes, Suite K,
San Angelo, Texas 76903-7013, (915) 655-9479.
(27) COMPANY: Joe Adams dba Rolling Hills Convenience Store; DOCKET NUMBER:
2004-2015-PST-E; IDENTIFIER: PST Facility Identification Number 75592, RN103048757;
LOCATION: Hempstead, Waller County, Texas; TYPE OF FACILITY: convenience store
with retail sales of gasoline; RULE VIOLATED: 30 TAC §37.815(a) and (b),
by failing to demonstrate acceptable financial assurance; PENALTY: $1,900;
ENFORCEMENT COORDINATOR: Daniel Siringi, (409) 898-3838; REGIONAL OFFICE:
5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(28) COMPANY: Sarabecca, GP LLC; DOCKET NUMBER: 2004-1481-MWD-E; IDENTIFIER:
TPDES Permit Number 13019001, RN100878602; LOCATION: Austin, Travis County,
Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1),
TPDES Permit Number 13019001, and the Code, §26.121(a), by allegedly
exceeding the permitted effluent limit for total ammonia nitrogen, dissolved
oxygen, and phosphorus; PENALTY: $3,600; ENFORCEMENT COORDINATOR: Larry King,
(512) 339-2929; REGIONAL OFFICE: 1921 Cedar Bend Drive, Suite 150, Austin,
Texas 78758-5336, (512) 339-2929.
(29) COMPANY: Ruben Cruz dba Super Circle 7 Food Store; DOCKET NUMBER:
2004-1129-PST-E; IDENTIFIER: PST Facility Identification Number 67357, RN102861325;
LOCATION: Alto Bonito, Starr County, Texas; TYPE OF FACILITY: convenience
store with retail sales of gasoline; RULE VIOLATED: 30 TAC §37.815(a)
and (b), by failing to demonstrate acceptable financial assurance; PENALTY:
$2,400; ENFORCEMENT COORDINATOR: Jaime Garza, (956) 425-6010; REGIONAL OFFICE:
1804 West Jefferson Avenue, Harlingen, Texas 78550-5247, (956) 425-6010.
(30) COMPANY: Vericenter, Inc.; DOCKET NUMBER: 2004-2047-PST-E; IDENTIFIER:
PST Facility Identification Number 46284, RN104403696; LOCATION: Houston,
Harris County, Texas; TYPE OF FACILITY: data processing facility with a gasoline
dispensing station; RULE VIOLATED: 30 TAC §334.8(c)(4)(A)(vii) and (5)(A)(i)
and the Code, §26.3467(a), by failing to submit a self-certification
renewal and by failing to make available to a common carrier a valid, current
delivery certificate; PENALTY: $1,200; ENFORCEMENT COORDINATOR: Harvey Wilson,
(512) 239-0321; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas
77023-1486, (713) 767-3500.
TRD-200501234
Paul C. Sarahan
Director, Litigation Division
Texas Commission on Environmental Quality
Filed: March 22, 2005
Title IV-B Child and Family Services Plan
The Texas Department of Family and Protective Services (FPS), as the designated
agency to administer Title IV-B programs in the state of Texas, is developing
the annual update of the Title IV-B Child and Family Services Plan (CFSP)
for Texas. Under guidelines issued by the U. S. Department of Health and Human
Services, Administration for Children and Families, FPS is required to review
the progress made in the previous year toward accomplishing the goals and
objectives identified in the state's five-year CFSP for the period from October
1, 2004, through September 30, 2009.
The CFSP Annual Progress and Services Report (APSR) is required for the
state to receive its federal allocation for fiscal year 2006 authorized under
Title IV-B of the Social Security Act, Subparts 1 and 2, and the Child Abuse
Prevention and Treatment Act (CAPTA). The update also gives states an opportunity
to apply for fiscal year 2005 funds for the Chafee Foster Care Independence
Program. The annual update referenced above must be submitted by June 30,
2005.
The purpose of this notice is to solicit input in the development of the
annual update. This input will enable the agency to consider and include any
changes in our state plan in order to best meet the needs of the children
and families the agency serves. Members of the public can obtain more detailed
information regarding the CFSP from the FPS web site at: http://www.dfps.state.tx.us.
The web site includes a copy of last year's annual update and an outline of
the state's proposed new CFSP goals and objectives.
Written comments regarding the annual update or the new five-year plan
may be faxed or mailed to: Texas Department of Family and Protective Services,
Attn: Janis Brown, P.O. Box 149030, MC E-557, Austin, Texas 78714-9030, phone
(512) 438-3312; fax: (512) 438-3782. The comments must be received no later
than May 2, 2005.
TRD-200501223
Gerry Williams
General Counsel
Department of Family and Protective Services
Filed: March 21, 2005
Notice of Agreed Order with Benson Chiropractic, Inc.
On March 21, 2005, the Radiation Program Officer, Department of State Health
Services (department), approved the settlement agreement between the department
and Benson Chiropractic, Inc. (registrant-R18353) of Bay City. A total administrative
penalty in the amount of $2,000 was assessed the registrant for violations
of 25 Texas Administrative Code, Chapter 289. The registrant will also comply
with additional settlement agreement requirements.
A copy of all relevant material is available, by appointment, for public
inspection at the Department of State Health Services, Exchange Building,
8407 Wall Street, Austin, Texas, telephone (512) 834-6688, Monday-Friday,
8:00 a.m. to 5:00 p.m. (except holidays).
TRD-200501229
Cathy Campbell
Director, Legal Services
Department of State Health Services
Filed: March 21, 2005
On March 21, 2005, the Radiation Program Officer, Department of State Health
Services (department), approved the settlement agreement between the department
and Pineywoods Diagnostic Clinic, P.A. (registrant-R14344) of Huntington.
A total administrative penalty in the amount of $2,000 was assessed the registrant
for violations of 25 Texas Administrative Code, Chapter 289.
A copy of all relevant material is available, by appointment, for public
inspection at the Department of State Health Services, Exchange Building,
8407 Wall Street, Austin, Texas, telephone (512) 834-6688, Monday-Friday,
8:00 a.m. to 5:00 p.m. (except holidays).
TRD-200501228
Cathy Campbell
Director, Legal Services
Department of State Health Services
Filed: March 21, 2005
On June 1, 2004, the Department of State Health Services (department) began
piloting an off-line, smart card based electronic benefit transfer (EBT) system
in the El Paso, Texas area. The EBT system replaces the paper voucher system
supporting food delivery for participants in the Special Supplemental Nutrition
Program for Women, Infants and Children (WIC). The department plans to expand
EBT system operations beyond El Paso as early as October, 2005; statewide
rollout is expected to be complete in November, 2006. WIC participants redeem
food benefits at any one of more than 2700 WIC-authorized retail sites statewide.
Retail electronic cash register (ECR) systems capable of initiating WIC
EBT transactions are divided into two types: Integrated and Stand Beside (Stand
Alone). Integrated WIC EBT systems are ECR systems that have been modified
to accept WIC smart cards, initiate off-line WIC EBT transactions and decrement
authorized amounts from the food prescription stored on the card, and transmit
claim files to the WIC host processor for settlement. Integrated WIC EBT systems
accept multiple tender types, such as cash, credit, debit, food stamps, Temporary
Assistance to Needy Families (TANF) and WIC. Stand Beside or Stand Alone WIC
EBT systems are single-tender ECR systems designed to accept only WIC EBT
cards in payment for the delivery of authorized WIC foods. A Stand Beside
WIC EBT system operates alongside a store's existing ECR system, requiring
the clerk to 'double-scan' items into and to maintain UPC and price data in
both the store and WIC EBT ECR systems. A WIC EBT system is 'Stand Alone'
if the grocer currently has no installed ECR. Texas WIC expects the majority
of WIC-authorized supermarkets, medium and large grocery chains, independents
and convenience stores will use integrated WIC EBT systems. Small volume WIC
stores and those stores selling only WIC foods are expected to use either
a stand beside or stand alone WIC EBT system.
In El Paso, grocers purchased their own hardware and operating system software
from the vendor designated by Texas WIC. Texas WIC employed a Retail Support
Contractor to provide help desk support and on-site services, including hardware
warranty and maintenance. In Texas, the Stand Beside WIC EBT system piloted
in El Paso consists of a custom host software application (kWICpos), Hypercom
ICE 6000 terminals with an Application Programming Interface (API), and a
back room controller. Currently, WIC provides Level II and Level III software
support to grocers operating stand beside and stand alone WIC EBT systems.
Texas WIC acquires and processes claims submitted by WIC-authorized stores
for settlement.
ECR CERTIFICATION
Texas WIC would like to determine if a commercially available "low cost"
small grocer solution will be available for WIC-authorized grocers in lieu
of continuing to develop/maintain kWICpos software and provide hardware and
software support in El Paso and eventually statewide. To be eligible for consideration,
an ECR system must be certified as "WIC Ready" in Texas. Texas WIC has implemented
a comprehensive ECR certification process confirmed to ensure system accuracy,
reliability, integrity and performance.
Grocer ECR system and software manufacturers, technicians, and others are
encouraged to provide product and service information and pricing to WIC for
ECR systems that may be able to achieve WIC certification. Information on
any ECR system(s) certified will be distributed to all WIC authorized grocers
who have not yet committed to the implementation of an integrated system.
CONTACT INFORMATION
Interested parties should contact either John Brewer at (512) 458-7444
or Penny Tisdale at (512) 415-2227, Department of State Health Services, 1100
West 49th Street, Austin, Texas, not later than April 12, 2005.
TRD-200501230
Cathy Campbell
Director, Legal Services
Department of State Health Services
Filed: March 21, 2005
Company Licensing
Application for admission to the State of Texas by WELLCARE PRESCRIPTION
SERVICES, INC., a foreign life, accident and/or health company. The home office
is in Tampa, Florida.
Application for admission to the State of Texas by AMERITRUST INSURANCE
CORPORATION ("AMERITRUST"), a foreign fire and/or casualty company. The home
office is in Sarasota, Florida.
Application for admission to the State of Texas by LYNDON SOUTHERN INSURANCE
COMPANY, a foreign fire and/or casualty company. The home office is in Marksville,
Louisiana.
Application for incorporation in the State of Texas by SELECTCARE HEALTH
PLANS, INC., a domestic Health Maintenance Organization (HMO). The home office
is in Houston, Texas.
Application for incorporation in the State of Texas by MHNET LIFE AND HEALTH
INSURANCE COMPANY, a domestic life, accident and/or health company. The home
office is in Austin, Texas.
Application to change the name of GENERAL ELECTRIC MORTGAGE INSURANCE CORPORATION
OF NORTH CAROLINA to GENWORTH MORTGAGE INSURANCE CORPORATION OF NORTH CAROLINA,
a foreign fire and/or casualty(Mortgage Guaranty) company. The home office
is in Raleigh, North Carolina.
Application to change the name of GE LIFE AND ANNUITY ASSURANCE COMPANY
to GENWORTH LIFE AND ANNUITY INSURANCE COMPANY, a foreign life, accident and/or
health company. The home office is in Richmond, Virginia.
Application to change the name of GENERAL ELECTRIC CAPITAL ASSURANCE COMPANY
to GENWORTH LIFE INSURANCE COMPANY, a foreign life, accident and/or health
company. The home office is in Richmond, Virginia.
Application to change the name of GENERAL ELECTRIC MORTGAGE INSURANCE CORPORATION
to GENWORTH MORTGAGE INSURANCE CORPORATION, a foreign fire and/or casualty
(Mortgage Guaranty) company. The home office is in Raleigh, North Carolina.
Application to change the name of GENERAL ELECTRIC HOME EQUITY INSURANCE
CORPORATION OF NORTH CAROLINA to GENWORTH HOME EQUITY INSURANCE CORPORATION,
a foreign fire and/or casualty (Credit Guaranty) company. The home office
is in Raleigh, North Carolina.
Application to change the name of GE RESIDENTIAL MORTGAGE INSURANCE CORPORATION
OF NORTH CAROLINA to GENWORTH RESIDENTIAL MORTGAGE INSURANCE CORPORATION OF
NORTH CAROLINA, a foreign fire and/or casualty (Mortgage Guaranty) company.
The home office is in Raleigh, North Carolina.
Application to change the name of GE GROUP LIFE ASSURANCE COMPANY to GENWORTH
LIFE AND HEALTH INSURANCE COMPANY, a foreign life, accident and/or health
company. The home office is in Enfield, Connecticut.
Any objections must be filed with the Texas Department of Insurance, addressed
to the attention of Godwin Ohaechesi, 333 Guadalupe Street, M/C 305-2C, Austin,
Texas, 78701, within 20 days after this notice is published in the Texas Register.
TRD-200501215
Gene C. Jarmon
Chief Clerk and General Counsel
Texas Department of Insurance
Filed: March 17, 2005
Application for admission to the State of Texas by AMFIRST INSURANCE COMPANY,
a foreign fire and/or casualty company. The home office is in Oklahoma City,
OK.
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-200501265
Gene C. Jarmon
Chief Clerk and General Counsel
Texas Department of Insurance
Filed: March 23, 2005
The following third party administrator (TPA) applications have been filed
with the Texas Department of Insurance and are under consideration.
Application for incorporation in Texas of GREGORY T WHITE (using the assumed
name of ACHIEVE FINANCIAL SERVICES), a domestic third party administrator.
The home office is TYLER, TEXAS.
Application for admission to Texas of DESTINY MANAGEMENT COMPANY, LLC,
a foreign third party administrator. The home office is BETHESDA, MARYLAND.
Any objections must be filed within 20 days after this notice is published
in the Texas Register, addressed to the attention of Matt Ray, MC 107-1A,
333 Guadalupe, Austin, Texas 78701.
TRD-200501214
Gene C. Jarmon
Chief Clerk and General Counsel
Texas Department of Insurance
Filed: March 17, 2005
Notice of Request for Proposals
The Legislative Budget Board (LBB) announces the issuance of a Request
for Proposals (RFP # HB7.2005.SPR.0007) 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 Austwell-Tivoli
Independent School District (ATISD). 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 April 12, 2005, or as soon thereafter as practical.
Contact: Parties interested in submitting a proposal should contact Bill
Parr, Assistant Director, Legislative Budget Board, 1501 N. 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 March 15, 2005, 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
and on the LBB website at http:/www.lbb.state.tx.us after 10:00 a.m. CZT,
on March 15, 2005.
Questions: All questions regarding the RFP must be sent via facsimile to
Bill Parr at (512) 475-2902, not later than 2:00 p.m. CZT, on March 28, 2005.
Official responses to questions received by the foregoing deadline will be
posted electronically on the Texas Marketplace and the LBB website no later
than March 29, 2005, or as soon thereafter as practical.
Mandatory Letters of Intent: All potential respondents must submit non-binding
Mandatory Letters of Intent to Propose, which must be received in the issuing
office no later than 2:00 p.m. CZT, on March 28, 2005. Only the proposals
of those respondents who submit a timely Letter of Intent will be considered.
Closing Date: Proposals must be received in the issuing office at the address
specified above no later than 2:00 p.m. CZT, on April 5, 2005. 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 - March 15, 2005, after 10:00 a.m. CZT;
Questions Due - March 28, 2005, 2:00 p.m. CZT;
Letters of Intent Due - March 28, 2005, 2:00 p.m. CZT;
Official Responses to Questions Posted - March 29, 2005, or as soon thereafter
as practical;
Proposals Due - April 5, 2005, 2:00 p.m. CZT;
Contract Execution - April 12, 2005, or as soon thereafter as practical;
Commencement of Project Activities - April 12, 2005, or as soon thereafter
as practical.
TRD-200501193
Bill Parr
Assistant Director
Legislative Budget Board
Filed: March 16, 2005
The Legislative Budget Board (LBB) announces the issuance of a Request
for Proposals (RFP # HB7.2005.SPR.0008) 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 Karnack
Independent School District (KISD). 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 April 12, 2005, or as soon thereafter as practical.
Contact: Parties interested in submitting a proposal should contact Bill
Parr, Assistant Director, Legislative Budget Board, 1501 N. 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 March 15, 2005, 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
and on the LBB website at http:/www.lbb.state.tx.us after 10:00 a.m. CZT,
on March 15, 2005.
Questions: All questions regarding the RFP must be sent via facsimile to
Bill Parr at (512) 475-2902, not later than 2:00 p.m. CZT, on March 28, 2005.
Official responses to questions received by the foregoing deadline will be
posted electronically on the Texas Marketplace and the LBB website no later
than March 29, 2005, or as soon thereafter as practical.
Mandatory Letters of Intent: All potential respondents must submit non-binding
Mandatory Letters of Intent to Propose, which must be received in the issuing
office no later than 2:00 p.m. CZT, on March 28, 2005. Only the proposals
of those respondents who submit a timely Letter of Intent will be considered.
Closing Date: Proposals must be received in the issuing office at the address
specified above no later than 2:00 p.m. CZT, on April 5, 2005. 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 - March 15, 2005, after 10:00 a.m. CZT;
Questions Due - March 28, 2005, 2:00 p.m. CZT;
Letters of Intent Due - March 28, 2005, 2:00 p.m. CZT;
Official Responses to Questions Posted - March 29, 2005, or as soon thereafter
as practical;
Proposals Due - April 5, 2005, 2:00 p.m. CZT;
Contract Execution - April 12, 2005, or as soon thereafter as practical;
Commencement of Project Activities - April 12, 2005, or as soon thereafter
as practical.
TRD-200501194
Bill Parr
Assistant Director
Legislative Budget Board
Filed: March 16, 2005
Instant Game Number 546 "Cash Money"
1.0 Name and Style of Game.
A. The name of Instant Game No. 546 is "CASH MONEY". The play style is
"key number match with doubler".
1.1 Price of Instant Ticket.
A. Tickets for Instant Game No. 546 shall be $2.00 per ticket.
1.2 Definitions in Instant Game No. 546.
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, BILL SYMBOL, $1.00, $2.00, $4.00, $10.00,
$20.00, $50.00, $100, $200, $1,000 and $24,000.
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. These three (3) small letters are for validation purposes
and cannot be used to play the game. 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,$4.00, $5.00, $10.00, $12.00 or $20.00
H. Mid-Tier Prize - A prize of $50.00 or $200.
I. High-Tier Prize- A prize of $1,000 or $24,000.
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 (546), a seven (7) digit pack number, and a three
(3) digit ticket number. Ticket numbers start with 001 and end with 250 within
each pack. The format will be: 546-0000001-001.
L. Pack - A pack of "CASH MONEY" Instant Game tickets contains 250 tickets,
packed in plastic shrink-wrapping and fanfolded in pages of five (5). Tickets
001 and 005 will be on the top page; tickets 006 and 010 on the next page;
etc.; and tickets 246 and 250 will be on the last page. A ticket will be folded
over on both the front and back of the book so both ticket art and ticket
backs are displayed in the shrink-wrap.
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 "CASH
MONEY" Instant Game No. 546 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 "CASH MONEY"
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 Winning Number play symbol the player wins the prize
indicated for that number. If a player reveals a bill play symbol the player
wins double the prize indicated for that symbol 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 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 "spot for spot"
play data.
B. No duplicate non-winning Your Numbers play symbols on a ticket.
C. No duplicate Winning Numbers play symbols on a ticket.
D. No 3 or more like non-winning prize symbols on a ticket.
E. The doubler symbol will only appear as dictated by the prize structure.
F. 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 "CASH MONEY" Instant Game prize of $2.00, $4.00, $5.00, $10.00,
$12.00, $20.00, $50.00 or $200, a claimant shall sign the back of the ticket
in the space designated on the ticket and present the winning ticket to any
Texas Lottery Retailer. The Texas Lottery Retailer shall verify the claim
and, if valid, and upon presentation of proper identification, make payment
of the amount due the claimant and physically void the ticket; provided that
the Texas Lottery Retailer may, but is not, in some cases, required to pay
a $50.00 or $200 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 "CASH MONEY" Instant Game prize of $1,000 or $24,000, 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 "CASH MONEY" 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 Health and Human Services Commission
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 "CASH MONEY"
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 "CASH MONEY" 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. An Instant Game ticket may continue to
be sold even when all the top prizes have been 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 10,080,000
tickets in the Instant Game No. 546. 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 Commission.
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. 546 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. 546,
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-200501251
Kimberly L. Kiplin
General Counsel
Texas Lottery Commission
Filed: March 22, 2005
This game procedure is being amended to reflect new language added to section
1.2.F and Table 3. This amended game procedure supersedes the procedure published
in the March 18, 2005, issue of the
Texas Register
(30 TexReg 1691).
1.0 Name and Style of Game.
A. The name of Instant Game No. 587 is "FIND THE 5’S". The play style
is "key number match with prize legend".
1.1 Price of Instant Ticket.
A. Tickets for Instant Game No. 587 shall be $2.00 per ticket.
1.2 Definitions in Instant Game No. 587.
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, and 9.
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. These three (3) small letters are for validation purposes
and cannot be used to play the game. 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 Serial Number is for validation purposes and
cannot be used to play the game. The format will be: 0000000000000.
G. Low-Tier Prize - A prize of $2.00, $4.00, $5.00, $10.00, $15.00 or $20.00.
H. Mid-Tier Prize - A prize of $50.00 or $200.
I. High-Tier Prize- A prize of $2,000 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 (587), a seven (7) digit pack number, and a three
(3) digit ticket number. Ticket numbers start with 001 and end with 250 within
each pack. The format will be: 587-0000001-001.
L. Pack - A pack of "FIND THE 5’S" Instant Game tickets contains
250 tickets, packed in plastic shrink-wrapping and fanfolded in pages of two
(2). Tickets 001 and 002 will be on the top page; ticket 003 and 004 will
be on the next page; etc.; and tickets 249 and 250 will be on the last page.
Please note the books will be in an 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 "FIND
THE 5’S" Instant Game No. 587 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 "FIND THE
5’S" Instant Game is determined once the latex on the ticket is scratched
off to expose 25 (twenty-five) Play Symbols. The player must count the number
of "5" play symbols. If a player reveals a minimum of three (3) "5" play symbols,
or a maximum of twelve (12) "5" play symbols, the player will win the corresponding
prize in the prize legend. 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 25 (twenty-five) Play Symbols must appear under the latex overprint
on the front portion of the ticket;
2. Each of the Play Symbols must have a Play Symbol Caption underneath,
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 25 (twenty-five)
Play Symbols under the latex overprint on the front portion of the ticket,
exactly one Serial Number, exactly one Retailer Validation Code, and exactly
one Pack-Ticket Number on the ticket;
14. The Serial Number of an apparent winning ticket shall correspond with
the Texas Lottery's Serial Numbers for winning tickets, and a ticket with
that Serial Number shall not have been paid previously;
15. The ticket must not be blank or partially blank, misregistered, defective
or printed or produced in error;
16. Each of the 25 (twenty-five) Play Symbols must be exactly one of those
described in Section 1.2.C of these Game Procedures.
17. Each of the 25 (twenty-five) Play Symbols on the ticket must be printed
in the Symbol font and must correspond precisely to the artwork on file at
the Texas Lottery; the ticket Serial Numbers must be printed in the Serial
font and must correspond precisely to the artwork on file at the Texas Lottery;
and the Pack-Ticket Number must be printed in the Pack-Ticket Number font
and must correspond precisely to the artwork on file at the Texas Lottery;
18. The display printing on the ticket must be regular in every respect
and correspond precisely to the artwork on file at the Texas Lottery; and
19. The ticket must have been received by the Texas Lottery by applicable
deadlines.
B. The ticket must pass all additional validation tests provided for in
these Game Procedures, the Texas Lottery's Rules governing the award of prizes
of the amount to be validated, and any confidential validation and security
tests of the Texas Lottery.
C. Any Instant Game ticket not passing all of the validation requirements
is void and ineligible for any prize and shall not be paid. However, the Executive
Director may, solely at the Executive Director's discretion, refund the retail
sales price of the ticket. In the event a defective ticket is purchased, the
only responsibility or liability of the Texas Lottery shall be to replace
the defective ticket with another unplayed ticket in that Instant Game (or
a ticket of equivalent sales price from any other current Instant Lottery
game) or refund the retail sales price of the ticket, solely at the Executive
Director's discretion.
2.2 Programmed Game Parameters.
A. Consecutive non-winning tickets will not have identical play data, spot
for spot.
B. No five or more like non-winning play symbols on a ticket.
C. No three or more like adjacent non-winning play symbols in a row, column
or diagonal.
E. Every ticket will contain at least one 5 play symbol.
F. No ticket will contain 13 or more 5 play symbols.
2.3 Procedure for Claiming Prizes.
A. To claim a "FIND THE 5’S" Instant Game prize of $2.00, $4.00,
$5.00, $10.00, $15.00, $20.00, $50.00 or $200, a claimant shall sign the back
of the ticket in the space designated on the ticket and present the winning
ticket to any Texas Lottery Retailer. The Texas Lottery Retailer shall verify
the claim and, if valid, and upon presentation of proper identification, make
payment of the amount due the claimant and physically void the ticket; provided
that the Texas Lottery Retailer may, but is not, in some cases, required to
pay a $50.00 or $200 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 "FIND THE 5’S" Instant Game prize of $2,000 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. As an alternative method of claiming a "FIND THE 5’S" 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 Health and Human Services Commission
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 "FIND THE
5’S" 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 "FIND THE 5’S" 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. An Instant Game ticket may continue to
be sold even when all the top prizes have been 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 8,040,000
tickets in the Instant Game No. 587. 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 Commission.
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. 587 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. 587,
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-200501250
Kimberly L. Kiplin
General Counsel
Texas Lottery Commission
Filed: March 22, 2005
1.0 Name and Style of Game.
A. The name of Instant Game No. 592 is "BONUS NUMBERS". The play style
for game Scene 1 is "key number match with Bonus Box". The play style for
game Scene 2 is "key number match with Bonus Box". The play style for game
Scene 3 is "yours beats theirs with Bonus Box. The play style for game Scene
4 is "match-up with Bonus Box". Scene 5 is "match-up with Bonus Box".
1.1 Price of Instant Ticket.
A. Tickets for Instant Game No. 592 shall be $1.00 per ticket.
1.2 Definitions in Instant Game No. 592.
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: $1.00, $2.00, $4.00, $5.00, $10.00, $20.00,
$25.00, $50.00, $250, $1,000, 1, 2, 3, 4, 5, 6, 7, 8, 9, Diamond Symbol, Club
Symbol, Heart Symbol, Spade Symbol, GOLD BAR SYMBOL, DOLLAR SIGN SYMBOL, HORSESHOE
SYMBOL, LEMON SYMBOL, BANANA SYMBOL, POT OF GOLD SYMBOL, MELON SYMBOL, CHERRY
SYMBOL, APPLE SYMBOL, GRAPE SYMBOL, BELL SYMBOL, PLUM SYMBOL, CROWN SYMBOL,
DIAMOND SYMBOL, STAR SYMBOL, COIN SYMBOL and STACK OF BILLS SYMBOL.
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. These three (3) small letters are for validation purposes
and cannot be used to play the game. 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 Serial Number is for validation purposes and
cannot be used to play the game. The format will be: 0000000000000.
G. Low-Tier Prize - A prize of $1.00, $2.00, $4.00, $5.00, $10.00 or $20.00.
H. Mid-Tier Prize - A prize of $55.00 or $250.
I. High-Tier Prize - A prize of $1,000.
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 (592), a seven (7) digit pack number, and a three
(3) digit ticket number. Ticket numbers start with 001 and end with 250 within
each pack. The format will be: 592-0000001-001.
L. Pack - A pack of "BONUS NUMBERS" Instant Game tickets contains 250 tickets,
packed in plastic shrink-wrapping and fanfolded in pages of five (5). Tickets
001 to 005 will be on the top page; tickets 006 to 010 on the next page; etc.;
and tickets 246 to 250 will be on the last page. A ticket will be folded over
on both the front and back of the book so both ticket art and ticket backs
are displayed in the shrink-wrap.
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 "BONUS
NUMBERS" Instant Game No. 592 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 "BONUS NUMBERS"
Instant Game is determined once the latex on the ticket is scratched off to
expose 67 (sixty-seven) Play Symbols. In the game Scene 1, if a player matches
any of YOUR AMOUNTS play symbols to the WINNING AMOUNT play symbol the player
wins prize indicated. If a player reveals a "1" play symbol in the Bonus Box
the player wins $5.00 automatically. In the game Scene 2, if player matches
any of YOUR NUMBERS play symbols to the WINNING NUMBER play symbol the player
wins prize indicated. If a player reveals a "2" play symbol in the Bonus Box
the player wins $5.00 automatically. In the game Scene 3, if a player's YOUR
NUMBER play symbol beats THEIR NUMBER play symbol within a game the player
wins prize indicated for that game. If a player reveals a "3" play symbol
in the Bonus Box the player wins $5.00 automatically. In the game Scene 4,
if a player matches four (4) identical play symbols in the same horizontal
row the player wins prize indicated for that row. If a player reveals a "4"
play symbol in the Bonus Box the player wins $5.00 automatically. In the game
Scene 5, if player matches three (3) identical play symbols in the same game,
the player wins prize indicated for that game. If a player reveals a "5" play
symbol in the Bonus Box the player wins $5.00 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 67 (sixty seven) 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 67 (sixty-seven)
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 67 (sixty-seven) Play Symbols must be exactly one of those
described in Section 1.2.C of these Game Procedures.
17. Each of the 67 (sixty-seven) 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. Scene 1: No duplicate non-winning YOUR AMOUNTS play symbols or prize
symbols.
C. Scene 2: Non-winning play symbols will never occur with the same prize
symbol (i.e. 5 and $5) on a ticket.
D. Scene 2: No duplicate non-winning YOUR NUMBERS play symbols or prize
symbols.
E. Scene 2: No WINNING NUMBER play symbol will never match the BONUS number
play symbol on that ticket.
F. Scene 3: No ties between YOURS and THEIRS play symbols.
G. Scene 3: No duplicate games.
H. Scene 3: No duplicate non-winning prize symbols.
I. Scene 4: No duplicate non-winning rows in the same order.
J. Scene 4: The card suits will vary among the possible locations.
K. Scene 4: No 4 like play symbols in a column or diagonal.
L. Scene 4: No duplicate non-winning prize symbols.
M. Scene 5: No duplicate non-winning rows in the same order.
N. Scene 5: No three (3) like play symbols in a column or diagonal.
O. Scene 5: No duplicate non-winning prize symbols.
2.3 Procedure for Claiming Prizes.
A. To claim a "BONUS NUMBERS" Instant Game prize of $1.00, $2.00, $4.00,
$5.00, $10.00, $20.00, $55.00 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 $55.00 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 "BONUS NUMBERS" Instant Game prize of $1,000, 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 "BONUS NUMBERS" 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 Health and Human Services Commission
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 "BONUS NUMBERS"
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 "BONUS NUMBERS" 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. An Instant Game ticket may continue to
be sold even when all the top prizes have been 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 15,120,000
tickets in the Instant Game No. 592. 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 Commission.
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. 592 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. 592,
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-200501259
Kimberly L. Kiplin
General Counsel
Texas Lottery Commission
Filed: March 23, 2005
Request for Proposals
Texas Parks and Wildlife Department is announcing the Fiscal Year 2005
Request for Proposals (RFP) for Competitive ("Nontraditional") Section 6 funds.
These are funds made available to state wildlife agencies through the Cooperative
Endangered Species Conservation Fund (CESCF) from Section 6 of the Endangered
Species Act (Department of Interior, U.S. Fish and Wildlife Service) for the
conservation of threatened and endangered species. The CESCF programs are
authorized through Endangered Species Act of 1973, 16 U.S.C. 1361 et seq.,
as amended. The codified program regulations can be found at 50 CFR 81.
These are competitive, nationwide (U. S.) funds - there are no funds
directly ear-marked for Texas. Any proposals we submit will compete with other
proposals regionally and nationally.
Funding (2005) is available as follows:
In Texas, all proposals must be submitted through Texas Parks and Wildlife
Department. These funds are not directly available to individual organizations,
but are indirectly available through partnership with Texas Parks and Wildlife
Department. Proposals must strictly follow guidelines indicated here.
The grant requires a 75:25 cost share, so applicants will need to
provide the 25% match. The match is based upon Total Project Costs, and must
be from non-federal funding sources.
NOTE: We are requesting that applicants include a budget line-item
under federal funds in the amount of $5,000 for TPWD Grant Administrative
Costs. Administering these grants is a substantial effort and until now there
has been no way to help defray the costs. This amount will not adversely affect
a proposal’s merits for consideration, but must be included in calculating
the budget (see guidelines below).
Awards for these CESCF "Nontraditional" grants will be announced through
a national press release and a memorandum to the Regional Directors of the
Service for further notification of the applicants’ selection for an
award. Notification of an award through a press release or letter from a Regional
Office is not an authorization to begin performance. The final exact amount
of funds, the scope of work, and terms and conditions of a successful award
will be determined in pre-award negotiations between the prospective recipient
and the Service’s representatives. The prospective recipient will be
asked to sign an agreement that specifies the project requirements, such as
the cost share, the project design, the time commitment for maintaining the
project’s benefits, and the reporting requirements, and that provides
for Service access to the project area in order to check on its progress.
The recipient is reimbursed based on the cost-sharing formula in the agreement.
An applicant should not initiate a project in expectation of CESCF funding,
nor should they purchase materials or begin work until such time as they receive
the final grant award document signed by an authorized Service official.
The full federal 2005 RFP for Competitive Section 6 awards can be accessed
at: http://endangered.fws.gov/grants/section6/FY2005/RFP.pdf, but be aware
that the Project Statement format (Section V) does not include page lengths-
please see Project Statement Guidelines for required page lengths. Please
see Section III of the federal 2005 RFP for minimum eligibility criteria and
Section V for additional application review information, including proposal
evaluation criteria. One Federal form, Standard Form-424 "Application for
Federal Assistance," must also be completed and submitted with your project
narrative description. This form is available on the Internet at http://www.whitehouse.gov/omb/grants/grants_forms.html
, at http://training.fws.gov/fedaid/toolkit/toolkit.pdf ,or from the Regional
CESCF coordinator.
Note: The federal RFP instructs applicants to fill out a Standard Form-424.
Please disregard this request as TPWD will take care of it.
Your proposal should be submitted with the ranking criteria, as described
under Section V of the federal 2005 RFP, in mind. Project descriptions that
clearly address the specific ranking criteria in an organized manner will
facilitate proposal review and scoring.
For complete details regarding the application process please see "Full
Text of the Program Announcement" at http://endangered.fws.gov/grants/section6/index.html.
Below is a brief synopsis of the three available grants.
Habitat Conservation Planning (HCP) Assistance Grants - Through the development
of regional Habitat Conservation Plans (HCPs), local governments incorporate
species conservation into local land use planning, which streamlines the project
approval process and facilitates economic development. The Habitat Conservation
Planning Assistance Grants program provides funding to States to support the
development of HCPs. Planning assistance grants may support planning activities
such as document preparation, outreach, and baseline surveys and inventories.
Habitat Conservation Plan (HCP) Land Acquisition Grants - The HCP Land
Acquisition program was established by Congress in fiscal year 1997. This
program was designed to reduce conflicts between the conservation of listed
species and land uses on specific parcels of land. Under this program, the
Service provides grants to States for land acquisitions that are associated
with approved HCPs. The Service considers the use of Federal acquisition dollars
by States for habitat protection within and adjacent to HCP areas to be an
important and effective mechanism to promote the recovery of threatened and
endangered species.
The HCP Land Acquisition program has three primary purposes: 1) to fund
land acquisitions that complement, but do not replace, private mitigation
responsibilities contained in HCPs, 2) to fund land acquisitions that have
important benefits for listed, proposed, and candidate species, and 3) to
fund land acquisitions that have important benefits for ecosystems that support
listed, proposed and candidate species.
Recovery Land Acquisition Grants - Loss of habitat is the primary threat
to most listed species and land acquisition is often the most effective and
efficient means of protecting habitats essential for recovery of listed species
before development or other land use changes impair or destroy key habitat
values. Land acquisition is costly and often neither the Service nor the States
individually have the necessary resources to acquire habitats essential for
recovery of listed species. Recovery Land Acquisition grant funds are matched
by States and non-federal entities to acquire these habitats from willing
sellers in support of approved species recovery plans.
Because the existing HCP Land Acquisition Grants Program provides substantial
funding for land acquisitions associated with HCPs, the Recovery Land Acquisition
Grants Program will not be used to fund land acquisitions associated with
permitted HCPs.
PROPOSALS
Application proposals to Texas Parks and Wildlife Department for consideration
under this grant program should strictly follow the guidelines below. FAILURE
TO FOLLOW FORMAT INSTRUCTIONS WILL AUTOMATICALLY DISQUALIFY THE APPLICATION
PACKAGE.
PROJECT STATEMENT GUIDELINES
Need. Why is the project being undertaken? (NOT TO EXCEED ONE PAGE)
Objective. What is to be accomplished during the period of the grant pursuant
to the stated need? Specify what is to be accomplished within the time, money,
and staffing allocated; identify a recognizable end point; and be quantifiable
or verifiable. (NOT TO EXCEED ONE SENTENCE) Example: "To acquire by conservation
easement during 2004-06 10,000 acres (Johnson Ranch) of prime watershed within
the Barton Springs Edwards Aquifer, Texas."
Expected Results or Benefits. What will be the results or benefits of accomplishing
the objective? Try to provide quantifiable or verifiable resource benefits.
(NOT TO EXCEED ONE HALF PAGE)
Approach. How will the objective be attained? Include only specific, numbered
procedures. Keep procedures brief, simple and understandable. Final procedure
should refer to Annual and/or Final Reports and their due dates. Provide telephone
numbers and email addresses of key project personnel and cooperators.
Location. Where will the work (address) be done? Attach location map if
needed.
Estimated Cost. Provide breakdown of what it will cost to attain the objective.
Milestone Schedule. Timetable for initiation and completion of procedures
outlined in Approach. Years based upon project period. See attached graphic.
Literature Cited.
Budget. See attached graphic.
Personnel: List names of all individuals or agencies collaborating on project
along with personnel/agency titles, estimated hours on project, and rates
per hour. Does not include third-party contractors (separate item below).
Travel: Lodging, mileage, meals, per diem (as appropriate) per individual.
Equipment: capital expenses for equipment to be used for project.
Supplies: routine costs for items needing replenishment throughout project.
Contractual: expenses for services under contract with third parties, list
names and contact information.
Fringe Benefits: additional personnel costs, including FICA, Retirement,
Insurance, etc.
Indirect Charges: contractee administrative overhead, include rate as a
percent and attach institutional rate agreement.
Other: Items not listed above. Itemize and include justification. For In-kind
contributions provide signed commitment letters which include verifiable monetary
valuations.
TPWD Administrative Cost: flat $5,000.00 TPWD administrative fee charged
to Federal Share.
Total Project Costs: sums of Federal Share, State Share, Totals columns;
at least 25% of the latter represents the match.
DEADLINE FOR RECEIPT OF PROPOSALS IS APRIL 29, 2005.
Proposal should be emailed in Microsoft Word, or compatible, format to:
Dr. Craig Farquhar, Section 6 Coordinator, Wildlife Science, Research and
Diversity Program, Texas Parks and Wildlife Department, 3000 IH 35, South,
Suite 100, Austin, TX 78704, Off. tel: 512-912-7018, Off. fax: 512-912-7058,
e-mail: craig.farquhar@tpwd.state.tx.us
TRD-200501217
Gene McCarty
Chief of Staff
Texas Parks and Wildlife Department
Filed: March 18, 2005
Notice of Public Hearing
The Texas Department of Public Safety, in accordance with Administrative
Procedures and Texas Register Act, Texas Government Code, §2001, et seq.,
and Texas Transportation Code, Chapter 644, is holding a public hearing on
April 11, 2005, at 9:00 a.m., in the Texas Department of Public Safety Motor
Carrier Bureau (Building P) Conference Room, 6200 Guadalupe Street, Austin,
Texas.
The purpose of this hearing is to receive comments from all interested
persons regarding adoption of Administrative Rules §§4.1, 4.11,
and 4.13 - 4.19 regarding Hazardous Material and Transportation Safety, proposed
for adoption under the authority of Texas Transportation Code, Chapter 644,
which provides that the director shall, after notice and a public hearing,
adopt rules regulating the safe operation of commercial motor vehicles. The
proposed rules were published in the March 11, 2005, issue of the
Texas Register
(30 TexReg 1426 - 1436).
Persons interested in attending this hearing are encouraged to submit advance
written notice of their intent to attend the hearing and to submit a written
copy of their comments. Correspondence should be addressed to Major Mark Rogers,
Texas Highway Patrol Division, Texas Department of Public Safety, P.O. Box
4087, Austin, Texas 78773-0500.
Persons with disabilities who plan to attend this hearing and who may need
auxiliary aids or services such as interpreters for persons who are deaf or
hearing impaired, readers, large print, or Braille, are requested to contact
Major Rogers at (512) 424- 2116, three working days prior to the hearing so
that appropriate arrangements can be made.
TRD-200501267
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Filed: March 23, 2005
Notice of Application for Service Provider Certificate of Operating Authority
Notice is given to the public of the filing with the Public Utility Commission
of Texas of an application on March 15, 2005, 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 American Broadband, Incorporated
for a Service Provider Certificate of Operating Authority, Docket Number 30868
before the Public Utility Commission of Texas.
Applicant intends to provide optional services and T1-Private Line 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
April 6, 2005. 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 30868.
TRD-200501198
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: March 17, 2005
Notice is given to the public of the filing with the Public Utility Commission
of Texas of an application on March 17, 2005, 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 Acceris Communications Corp. for
a Service Provider Certificate of Operating Authority, Docket Number 30870
before the Public Utility Commission of Texas.
Applicant intends to provide plain old telephone service, ADSL, IDN, 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
April 6, 2005. 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 30870.
TRD-200501219
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: March 21, 2005
Notice is given to the public of the filing with the Public Utility Commission
of Texas of an application on March 18, 2005, 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 Charter Fiberlink TX - CCO, LLC
for a Service Provider Certificate of Operating Authority, Docket Number 30881
before the Public Utility Commission of Texas.
Applicant intends to provide plain old telephone service, optical services,
T1-Private Line, Switch 56 KBPS, Frame Relay, Fractional T1, and long distance
services.
Applicant's requested SPCOA geographic area includes the entire State of
Texas.
Persons who wish to comment upon the action sought should contact the Public
Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326,
or by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than
April 6, 2005. 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 30881.
TRD-200501257
Adriana Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: March 22, 2005
On March 17, 2005, Plexnet filed an application with the Public Utility
Commission of Texas (commission) to relinquish its service provider certificate
of operating authority (SPCOA) granted in SPCOA Certificate Number 60335.
Applicant intends to relinquish its certificate.
The Application: Application of Plexnet to Relinquish its Service Provider
Certificate of Operating Authority, Docket Number 30878.
Persons wishing to comment on the action sought should contact the Public
Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326,
or by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than
April 6, 2005. 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 30878.
TRD-200501254
Adriana Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: March 22, 2005
On March 17, 2005, Plexnet Communications Services, Inc. filed an application
with the Public Utility Commission of Texas (commission) to relinquish its
service provider certificate of operating authority (SPCOA) granted in SPCOA
Certificate Number 60107. Applicant intends to relinquish its certificate.
The Application: Application of Plexnet Communications Services, Inc. to
Relinquish its Service Provider Certificate of Operating Authority, Docket
Number 30879.
Persons wishing to comment on the action sought should contact the Public
Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326,
or by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than
April 6, 2005. 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 30879.
TRD-200501255
Adriana Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: March 22, 2005
On March 18, 2005, USLD Communications, Inc. filed an application with
the Public Utility Commission of Texas (commission) to relinquish its service
provider certificate of operating authority (SPCOA) granted in SPCOA Certificate
Number 60003. Applicant intends to relinquish its certificate.
The Application: Application of USLD Communications, Inc. to Relinquish
its Service Provider Certificate of Operating Authority, Docket Number 30880.
Persons wishing to comment on the action sought should contact the Public
Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326,
or by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than
April 6, 2005. 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 30880.
TRD-200501256
Adriana Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: March 22, 2005
The Public Utility Commission of Texas (commission or PUCT) is issuing
a Request for Proposals (RFP) for a financial advisor to provide services
to the PUCT. The advisor will assist the commission with preparing and/or
implementing the financing order authorizing recovery of stranded costs through
securitization and with the subsequent issuances of transition bonds to ensure
compliance with Subchapter G of the Public Utility Regulatory Act (PURA) and
consistency with the terms of the respective financing orders. The utility
anticipated to have a securitization transaction under this engagement is
CenterPoint Energy Houston, LLC.
To be considered, the proposals must be time/date stamped at the PUCT Central
Records office on or before 5:00 p.m., C.S.T., Friday, April 8, 2005. The
commission expects to designate a vendor on or before April 15, 2005, and
the chosen vendor must be prepared to commence service during the month of
April 2005.
Project description.
The Public Utility Regulatory
Act (PURA) Chapter 39 (specifically, §§39.001, 39.201, 39.252, and
39.262) allows electric utilities with generation-related assets to recover
the reasonable excess costs over the market value of those assets. Electric
utilities having such costs (called "stranded costs"), may elect to apply
for a financing order to recover the costs through the issuance of transition
bonds that are secured by transition charges approved by the commission. The
primary purpose of this engagement is to discharge the commission's mandate
to ensure that the structure and pricing of transition bonds results in the
lowest transition bond charges consistent with market conditions and the terms
of the financing orders.
Proposers should review PURA Subchapter G in its entirety and prior financing
orders issued by the commission in Dockets 21528, 21665 and 25230 that are
available on the PUCT website at www.puc.state.tx.us/rules/index.cfm and http://interchange.puc.state.tx.us,
respectively.
Eligible Proposers.
Proposers should have
(1) extensive experience in investment banking; (2) extensive experience in
the structuring, marketing and pricing of either taxable or tax exempt investor
owned electric utility bonds, asset backed securities, or public power bonds;
(3) experience as a financial advisor in the capital markets; and (4) proposers
must retain experienced outside bond counsel throughout this assignment, with
the cost of such counsel to be included in the proposal.
Compensation.
Professional fees and the proposed
compensation structure must be fair and reasonable to provide the required
services and shall not exceed the cap listed in the RFP. Services to be purchased
from subcontractors, including any amounts subcontracted to HUBs, consultants,
and other entities must be specified. If a proposer believes that there are
additional tasks critical to this RFP, the proposer should identify those
tasks and state why the additional tasks are needed. Compensation, as approved
by the commission, will be paid by transition bond issuers and/or underwriters
and will be paid at the closing of each securitization transaction authorized
by a commission financing order.
Selection criteria.
The evaluation team will
recommend selection of a proposal for this program based on a number of factors,
including: 1) the proposer's ability to provide the required services, 2)
demonstrated competence and qualifications of the proposer, and 3) the reasonableness
of the proposed fee. A team of evaluators will review the proposals submitted.
A description of selection criteria is set forth in the RFP. Proposers will
be notified in writing of the selection.
The proposal.
A complete copy of the RFP
may be obtained by written request to Ben Delamater, Purchaser, Public Utility
Commission of Texas, William B. Travis Building, 1701 North Congress Avenue,
Austin, TX 78701, or by fax (512) 936- 7058, or by email ben.delamater@puc.state.tx.us.
The RFP will be available Friday, April 1, 2005 and will be e-mailed on that
date to all parties who have requested a copy. You may also download the RFP
from the PUCT website www.puc.state.tx.us, under Hot Topics.
Deadline for receipt of proposals.
Proposals
must be received no later than 5:00 p.m. on Friday, April 8, 2005, in the
Public Utility Commission of Texas Central Records office, Room G-113, Public
Utility Commission of Texas, William B. Travis Building, 1701 North Congress
Avenue, Austin, TX 78701. Proposals received in Central Records after 5:00
p.m. on Friday, April 8, 2005 will not be considered. Proposals may be received
in Central Records between 8:00 a.m. and 5:00 p.m., Monday through Friday,
except on holidays. Regardless of the method of submission of the proposal,
the commission will rely on the time/date stamp of Central Records in establishing
the time and date of receipt. No submission by facsimile or email will be
accepted. Proposals will be forwarded to Mr. Delamater by Central Records.
TRD-200501268
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: March 23, 2005
Correction of Error
The Texas Council on Purchasing from People with Disabilities proposed
amendments to 40 TAC §189.6 in the March 18, 2005, issue of the
(B) The Certification Subcommittee shall review each
application and documentation and, if acceptable, forward the recommendations
to the Council for approval. Once approved the Council will notify the CRP
in writing of their approved designation and present each with a certification
number. Only the Council can approve eligibility. A CRP shall not participate
in the State Use Program prior to the Council's certification.
TRD-200501258
Office of the Attorney General
Texas Building and Procurement Commission
Coastal Coordination Council
Comptroller of Public Accounts
Office of Consumer Credit Commissioner
Texas Education Agency
Education Service Center, Region X
Texas Commission on Environmental Quality
Notice of District Petition
Notice of Meeting on May 12, 2005, in Brady, Texas Concerning the Bailey Metal Processors, Inc. Facility
Notice of Opportunity to Comment on Default Orders of Administrative Enforcement Actions
Notice of Opportunity to Comment on Settlement Agreements of Administrative Enforcement Actions
Notice of Water Quality Applications
Notice of Water Rights Application
Proposed Enforcement Orders
Department of Family and Protective Services
Department of State Health Services
Notice of Agreed Order with Pineywoods Diagnostic Clinic, P.A.
Notice of Opportunity for Certification as a Retail Electronic Cash Register System for the Special Supplemental Nutrition Program for Women, Infants and Children Electronic Benefits Transfer System
Texas Department of Insurance
Company Licensing
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Legislative Budget Board
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Texas Lottery Commission
Instant Game Number 587 "Find the 5's"
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Texas Parks and Wildlife Department
Texas Department of Public Safety
Public Utility Commission of Texas
Notice of Application for Service Provider Certificate of Operating Authority
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Notice of Application to Relinquish a Service Provider Certificate of Operating Authority
Notice of Application to Relinquish a Service Provider Certificate of Operating Authority
Notice of Application to Relinquish a Service Provider Certificate of Operating Authority
Request for Proposals for a Financial Advisor to Assist the Commission with Electric Utility Issuances of Transition Bonds
Texas Council on Purchasing from People with Disabilities
Texas Workers' Compensation Commission