Texas Department of Agriculture
Fuel Ethanol and Biodiesel Production Incentive Program Guidelines
The Fuel Ethanol and Biodiesel Production Incentive Program is authorized
by Chapter 16, Texas Agriculture Code. These guidelines set forth the requirements
and procedures for the Program, which will be administered by the Texas Department
of Agriculture. These guidelines will become effective upon the effective
date of the rules for this program, as promulgated by the Office of the Governor,
Economic Development and Tourism Office.
I. DEFINITIONS.
In these guidelines:
(1) "Account" means the fuel ethanol and biodiesel production account.
(2) "ASTM" means the American Society for Testing and Materials.
(3) "Biodiesel" means a monoalkyl ester that:
(A) is derived from vegetable oils, rendered animal fats, or renewable
lipids or a combination of those ingredients; and
(B) meets the requirements of ASTM D6751, the standard specification for
B-100 biodiesel.
(4) "Department" means the Texas Department of Agriculture
(5) "Fuel ethanol" means ethyl alcohol that:
(A) has a purity of at least 99 percent, exclusive of added denaturants;
(B) has been denatured in conformity with a method approved by the Bureau
of Alcohol, Tobacco, Firearms, and Explosives of the United States Department
of Justice;
(C) meets the requirements of ASTM D4806, the standard specification for
ethanol used as a motor fuel; and
(D) is produced exclusively from agricultural products or by-products or
municipal solid waste.
(6) "Office" means the Office of the Governor - Texas Economic Development
and Tourism.
(7) "Producer" means a person who operates a fuel ethanol or biodiesel
plant in this state.
II. PLANT REGISTRATION.
(a) To be eligible for a grant for fuel ethanol or biodiesel produced in
a plant, a producer must apply to the Department for the registration of the
plant. A producer may apply for the registration of more than one plant.
(b) An application for the registration of a plant must show to the satisfaction
of the Department and the Office that:
(1) The plant is capable of producing fuel ethanol or biodiesel by providing:
(A) a copy of the producer's Internal Revenue Service (IRS) Form 637 and
related documents including confirmation of a site visit by IRS staff;
(B) confirmation of registration with the Environmental Protection Agency
(EPA) under 40 CFR Part 79 that the producer is registered as a Fuel Manufacturer
or Additive Manufacturer;
(C) if applicable, a copy of the producer's Alcohol, Tobacco and Firearms
permit;
(D) a copy of all Texas Commission on Environmental Quality permits for
the plant, including applicable permits for air discharge, wastewater discharge
and storage tanks; and
(E) if applicable, a copy of any Texas Fuels license required by the state
Comptroller of Public Accounts;
(2) the producer has made a substantial investment of resources in this
state in connection with the plant;
(3) the plant constitutes a permanent fixture in this state by providing
documentation from an independent Certified Public Accountant firm or bank
officer showing an approximate capital investment in the physical plant, and
including a statement that the plant is a permanent fixture in the state;
and
(4) any other information that the Department shall reasonably require.
(c) The Department shall review all program applications for registration
of a fuel ethanol or biodiesel facility and make a determination, based on
the guidelines, to approve or decline the application. The Office shall review
the Department's determination to approve or decline all eligible program
applications for registration of a fuel ethanol or biodiesel facility submitted
to the Office by the Department and issue its concurrent determination to
approve or decline the application based on the Department's review.
(d) Upon approval, the producer must enter into an agreement with the Department
to be eligible for grants under the program. At a minimum, the agreement will
provide the Department, and its assigns, access to the producer's registered
plant, inventory and records that may be relevant to this program.
(e) An application must be on the form promulgated by the Department for
this purpose. A separate application is required for each plant. Applications
are available from the Department at: www.agr.state.tx.us, or by calling the
Department at (877) 428-7848. Completed Applications should be mailed to:
FUEL ETHANOL AND BIODIESEL PRODUCTION INCENTIVE PROGRAM, c/o Texas Department
of Agriculture, P.O. Box 12847, Austin, Texas 78711.
III. REPORTS.
(a) Monthly reports.
(1) On or before the fifth business day of each month, a producer shall
report the following information to the Department on a form promulgated by
the Department. A separate form is required for each registered plant. Forms
are available from the Department.
(A) the number of gallons of fuel ethanol or biodiesel produced at each
registered plant operated by the producer during the preceding month;
(B) the number of gallons of fuel ethanol or biodiesel imported into this
state by the producer during the preceding month;
(C) the number of gallons of fuel ethanol or biodiesel sold or blended
with motor fuels by the producer during the preceding month; and
(D) the total value of agricultural products consumed in each registered
plant operated by the producer during the preceding month.
(2) An authorized representative of the producer must sign reports. The
Department will accept original reports or reports via fax or electronic mail
by the fifth business day of the month in order to determine eligibility under
this section, but the Department must receive a signed original report for
the producer to be eligible for a grant. Contact information for report transmission
is as follows: Fuel Ethanol and Biodiesel Production Incentive Program, Texas
Department of Agriculture, P.O. Box 12847, Austin, Texas 78711, Fax (888)
216-9867, Email:finance@agr.state.tx.us
(3) In accordance with the governing statute, a producer who fails to file
a report as required by this section is ineligible to receive a grant for
the period for which the report is not filed. Reporting requirements become
effective upon the date the application is approved. The producer's first
report following approval may include production from the full calendar month
in which the application is approved.
(4) After the monthly report is filed with the Department, no changes will
be allowed unless they are at the recommendation of Department staff.
(b) Other Reporting Requirements.
(1) By the 20th day of each month, the producer shall submit to the Department:
(A) invoices or other documentation to adequately show the amount and type
of feedstock used for the production; and
(B) invoices or other documentation to adequately show the disposition
of the product.
(2) Within 30 days of filing with the EPA, the producer shall provide copies
to the Department of the following (as applicable):
(A) the producer's Fuel Additive Manufacturer Annual Report;
(B) the producer's Fuel Manufacturer Annual Report; and
(C) the producer's Fuel Manufacturer Quarterly Report.
(3) Within 15 days of the state fiscal year quarter end (November 30, February
28, May 31, August 31), the producer shall provide to the Department an Independent
Accountant's Report, on the form attached as Attachment A, to cover the quarter.
IV. FEE ON FUEL ETHANOL AND BIODIESEL
Within 15 days of the state fiscal year quarter end (November 30, February
28, May 31, August 31), the producer shall remit a fee in an amount equal
to 3.2 cents for each gallon of fuel ethanol or biodiesel produced at the
registered plant covered by the monthly reports for that quarter, subject
to the following restrictions:
(1) For each fiscal year (September 1 through August 31), the fee shall
be paid on only the first 18 million gallons of fuel ethanol or biodiesel
produced at any one registered plant.
(2) Fees for fuel ethanol or biodiesel produced at a registered plant shall
be paid until the 10th anniversary of the date production from the plant begins.
(3) Fees are payable by check or cashiers check and should be payable to
the Texas Department of Agriculture, Fuel Ethanol and Biodiesel Production
Incentive Program.
V. FUEL ETHANOL AND BIODIESEL GRANTS.
(a) After reviewing the monthly reports and all other pertinent documentation,
the Department shall approve or decline the grant. If a grant is declined,
the producer shall be promptly notified by certified mail with a notification
giving the reasons for denial.
(b) A Monthly Report (as described above in III.(a)) that is not filed
according to these guidelines and Chapter 16 of the Agriculture Code will
disqualify the producer from receiving a payment for the month covered by
the report. Other reporting requirements, as described in III.(b), are required
to be submitted and approved by the Department before a grant request will
be approved. In the event of missing or incomplete documents under III.(b),
the producer will be notified and will have 30 days from the date of the notice
to rectify any deficiencies. After 30 days, the grant will be withdrawn from
consideration.
(c) A producer is entitled to receive 20 cents for each gallon of fuel
ethanol or biodiesel produced in each registered plant operated by the producer
until the 10th anniversary of the date production from the plant begins.
(d) For each fiscal year a producer may not receive grants for more than
18 million gallons of fuel ethanol or biodiesel produced at any one registered
plant.
(e) The Department shall make grants not less often than quarterly. The
Department anticipates awarding grants following the end of state fiscal year
quarter end (November 30, February 28, May 31, August 31).
(f) To be eligible for a grant, the producer must be in compliance with
all aspects of the program.
(g) If the Office or the Department determine that the amount of money
available to pay grants is not sufficient to distribute the full amount of
grant funds to eligible producers as provided by these guidelines and the
agreement between the Department and the producer, the Department shall proportionately
reduce the amount of each grant for each gallon of fuel ethanol or biodiesel
produced as necessary to continue the incentive program through the remainder
of the fiscal year.
V. FUEL ETHANOL AND BIODIESEL GRANTS.
(a) After reviewing the monthly reports and all other pertinent documentation,
the Department shall approve or decline the grant. If a grant is declined,
the producer shall be promptly notified by certified mail with a notification
giving the reasons for denial.
(b) A Monthly Report (as described above in III.(a)) that is not filed
according to these guidelines and Chapter 16 of the Agriculture Code will
disqualify the producer from receiving a payment for the month covered by
the report. Other reporting requirements, as described in III.(b), are required
to be submitted and approved by the Department before a grant request will
be approved. In the event of missing or incomplete documents under III.(b),
the producer will be notified and will have 30 days from the date of the notice
to rectify any deficiencies. After 30 days, the grant will be withdrawn from
consideration.
(c) A producer is entitled to receive 20 cents for each gallon of fuel
ethanol or biodiesel produced in each registered plant operated by the producer
until the 10th anniversary of the date production from the plant begins.
(d) For each fiscal year a producer may not receive grants for more than
18 million gallons of fuel ethanol or biodiesel produced at any one registered
plant.
(e) The Department shall make grants not less often than quarterly. The
Department anticipates awarding grants following the end of state fiscal year
quarter end (November 30, February 28, May 31, August 31).
(f) To be eligible for a grant, the producer must be in compliance with
all aspects of the program.
(g) If the Office or the Department determine that the amount of money
available to pay grants is not sufficient to distribute the full amount of
grant funds to eligible producers as provided by these guidelines and the
agreement between the Department and the producer, the Department shall proportionately
reduce the amount of each grant for each gallon of fuel ethanol or biodiesel
produced as necessary to continue the incentive program through the remainder
of the fiscal year.
Attachment A.
Sample Independent Accountant's
Report.
Boards of Directors
Name of Ethanol Producer
Address of Ethanol Producer
And
State of Texas
Department of Agriculture
Fuel Ethanol and Biodiesel Production Incentive Program
Austin, Texas
INDEPENDENT ACCOUNTANTS' REPORT
We certify that we audited the attached State of Texas, Department of Agriculture
Fuel Ethanol and Biodiesel Production Incentive Program Monthly Reports as
prepared by [
name of client
] for the three
month period ended [
November 30, February 28, May
31 or August 31
]. Our examination was made in accordance with generally
accepted accounting procedures as established by the American Institute of
Certified Public Accountants and included such audit tests and procedures
necessary to verify the volume of [
biodiesel or ethanol
] produced in the registered plant located at [
plant address
] in accordance with Texas Statutes, Chapter 16, Agriculture
Code. Preparation of the Fuel Ethanol and Biodiesel Production Incentive Program
Monthly Reports are the responsibility of management. Our responsibility is
to express an opinion on the volume of Texas produced [
biodiesel or ethanol
] contained therein based upon our audit.
Management certified in its Monthly Reports that: [
Include those assertions that are applicable
] the total production
of [
biodiesel or ethanol
], during the three
month period ended [
November 30, February 28, May
31 or August 31
] is X,XXX,XXX gallons, that it was produced in the
registered plant whose address is shown above, and that X,XXX,XXX gallons
are eligible for the Fuel Ethanol and Biodiesel Production Incentive Program
under Texas Statues, Chapter 16, Agriculture Code.
that the volume of all gallons of [
biodiesel or
ethanol
] reported is on the basis of gross gallons that have not been
adjusted for variations in temperature.
it is entitled to a grant under the Fuel Ethanol and Biodiesel Production
Incentive Program in the amount of $X,XXX,XXX.XX pursuant to Texas Statues,
Chapter 16, Agriculture Code.
In our opinion, the certifications of management outlined above, and contained
in their Fuel Ethanol and Biodiesel Production Incentive Program Monthly Reports,
dated [
date each Monthly Report was signed
],
presents the production of [
biodiesel or ethanol
] produced at the registered plant in the state of Texas, for the three
month period ended [
November 30, February 28, May
31 or August 31
] and is eligible for a grant in accordance with Texas
Statues, Chapter 16, Agriculture Code, in the amount of $X,XXX,XXX.XX and
that no part of the [
biodiesel or ethanol
]
production represents production for which a payment was made previously.
[
Firm's Signature
]
[
Location of Firm
]
[
Date of Report
]
TRD-200600520
Dolores Alvarado Hibbs
Deputy General Counsel
Texas Department of Agriculture
Filed: February 1, 2006
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 January 20, 2005,
through January 26, 2006. 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 February 1,
2006. The public comment period for these projects will close at 5:00 p.m.
on March 3, 2006.
FEDERAL AGENCY ACTIONS:
Applicant: J & S Contractors
; Location:
The project is located in the Old Brazos River Channel, at 1100 East Brazos
Drive, in Freeport, Brazoria County, Texas. The project can be located on
the U.S.G.S. quadrangle map titled: Freeport, Texas. Approximate UTM Coordinates
in NAD 27 (meters): Zone 15; Easting: 272886; Northing: 3204469. Project Description:
The applicant proposes to amend an existing permit to remove an existing dock
and 3 pile cluster, move existing riprap upstream to an area that is eroding,
replace an existing 150-foot wooden bulkhead with 150 feet of steel sheet
pile bulkheading directly in front of the existing structure, place approximately
15 cubic yards of fill material into 85 square feet of shallow water habitat
at the northeast corner of the property, install a dolphin piling, mechanically
dredge approximately 870 cubic yards of material to a depth of 12 feet below
mean low tide, and place the material in an upland leveed disposal area specified
by the Brazos River Navigation District. The existing riprap has been populated
by oysters, and the applicant has proposed that this riprap be moved from
its current location and placed upstream to an area where the shoreline is
eroding and also has an existing oyster colony. The purpose of this project
is to provide dockage and a maintenance facility for commercial and recreational
vessels. The existing permit was issued May 28, 1974 and authorized the construction
of the existing bulkhead dock and dolphin pilings. CCC Project No.: 06-0128-F1;
Type of Application: U.S.A.C.E. permit application #9107(01) is being evaluated
under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. §403)
and §404 of the Clean Water Act (33 U.S.C.A. §1344).
Applicant: Charlie Keeler
; Location: The
project is located in jurisdictional wetlands adjacent to an unnamed tidal
ditch, at 16515 Jolly Roger, in Jamaica Beach, Galveston County, Texas. The
project can be located on the U.S.G.S. quadrangle map entitled: Lake Como,
Texas. Approximate UTM Coordinates in NAD 27 (meters): Zone 15; Easting: 307887;
Northing: 3230485. Project Description: The applicant requests permission
to retain 286 cubic yards of fill material placed in wetlands to construct
the foundation of a house and raise the grade of the lot. In addition to pouring
concrete fill material to construct the foundation, portions of the house
have already been constructed. The applicant also requests permission to retain
a bridge over a jurisdictional ditch, constructed to create vehicular access
to the lot. The applicant proposes to add an additional 78 cubic yards of
fill material to construct a driveway and to fill the last 41 feet of the
yard. The applicant is currently seeking options for mitigation to compensate
for impacts resulting from the proposed project. CCC Project No.: 06-0133-F1;
Type of Application: U.S.A.C.E. permit application #23834 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: Innovene USA LLC
; Location: The
project is located at the Chocolate Bayou Plant Barge Dock in Chocolate Bayou,
approximately 3 miles south of the intersection of FM 2917 and FM 2004 and
about 100 feet north of the Crossing of FM 2004 over Chocolate Bayou on the
east bank. The project's dredge site can be located on the U.S.G.S. quadrangle
map titled: Hoskins Mound, Texas. Approximate UTM Coordinates in NAD 27 (meters):
Zone 15; Easting: 285212; Northing: 3233644. The project's dredge material
placement area (DMPA) can be located on the U.S.G.S. quadrangle map titled:
Hoskins Mound, Texas. Approximate UTM Coordinates in NAD 27 (meters): Zone
15; Easting: 286870; Northing: 3234083. Project Description: The applicant
proposes to extend the time to perform maintenance dredging at an existing
barge dock for a period of ten years. The dock will be dredged either mechanically
or hydraulically to the previously authorized depth of 14 feet below mean
low tide. Each maintenance cycle will remove up to 40,000 cubic yards of accumulated
sediment to be placed in an upland leveed DMPA. The DMPA for the upcoming
dredge cycle is designated as International Paper Property's Spoil Disposal
Area No. 4. CCC Project No.: 06-0146-F1; Type of Application: U.S.A.C.E. permit
application #9339(07) is being evaluated under §10 of the Rivers and
Harbors Act of 1899 (33 U.S.C.A. §403). Note: The consistency review
for this project may be conducted by the Texas Commission on Environmental
Quality under §401 of the Clean Water Act.
Pursuant to §306(d)(14) of the Coastal Zone Management Act of 1972
(16 U.S.C.A. §§1451 - 1464), as amended, interested parties are
invited to submit comments on whether a proposed action is or is not consistent
with the Texas Coastal Management Program goals and policies and whether the
action should be referred to the Coastal Coordination Council for review.
Further information on the applications listed above may be obtained from
Ms. 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-200600486
Larry L. Laine
Chief Clerk/Deputy Land Commissioner, General Land Office
Coastal Coordination Council
Filed: January 30, 2006
Certification of the Average Taxable Price of Gas and Oil
The Comptroller of Public Accounts, administering agency for the collection
of the Crude Oil Production Tax, has determined that the average taxable price
of crude oil for reporting period January 2006, as required by Tax Code, §202.058,
is $55.47 per barrel for the three-month period beginning on October 1, 2005,
and ending December 31, 2005. Therefore, pursuant to Tax Code, §202.058,
crude oil produced during the month of January 2006, from a qualified Low-Producing
Oil Lease, is not eligible for exemption from the crude oil production tax
imposed by Tax Code, Chapter 202.
The Comptroller of Public Accounts, administering agency for the collection
of the Natural Gas Production Tax, has determined that the average taxable
price of gas for reporting period January 2006, as required by Tax Code, §201.059,
is $11.06 per mcf for the three-month period beginning on October 1, 2005,
and ending December 31, 2005. Therefore, pursuant to Tax Code, §201.059,
gas produced during the month of January 2006, from a qualified Low-Producing
Well, is not eligible for exemption from the natural gas production tax imposed
by Tax Code, Chapter 201.
Inquiries should be directed to Bryant K. Lomax, Manager, Tax Policy Division,
P. O. Box 13528, Austin, Texas 78711-3528.
TRD-200600466
Martin Cherry
Chief Deputy General Counsel
Comptroller of Public Accounts
Filed: January 30, 2006
Notice of Rate Ceilings
The Consumer Credit Commissioner of Texas has ascertained the following
rate ceilings by use of the formulas and methods described in §§303.003,
303.005, and 303.009, Tex. Fin. Code.
The weekly ceiling as prescribed by §303.003 and §303.009 for
the period of 02/06/06 - 02/12/06 is 18% for Consumer
1
/Agricultural/Commercial
2
credit thru
$250,000.
The weekly ceiling as prescribed by §303.003 and §303.009 for
the period of 02/06/06 - 02/12/06 is 18% for Commercial over $250,000.
The monthly ceiling as prescribed by §303.005
3
for the period of 02/01/06 - 02/28/06 is 18% for Consumer/Agricultural/Commercial
credit thru $250,000.
The monthly ceiling as prescribed by §303.005 for the period of 02/01/06
- 02/28/06 is 18% for Commercial over $250,000.
1
Credit for personal, family or household
use.
2
Credit for business, commercial, investment,
or other similar purpose.
3
For variable rate commercial transactions
only.
TRD-200600496
Leslie L. Pettijohn
Commissioner
Office of Consumer Credit Commissioner
Filed: January 31, 2006
Intent to Award Funds
The Texas Council for Developmental Disabilities announces its intention
to award funds to the Texas Community Integration Project - Advocacy Inc.
for the purpose of supporting hurricane relief activities following Hurricanes
Katrina and Rita.
Background:
Individuals with disabilities
affected by Hurricanes Katrina and Rita, who are placed or at risk of placement
in large facilities, need to be well informed of their options. In order to
move into the community, individuals will need well designed plans and appropriate
supports and services. Hurricane evacuees with disabilities are at great risk
of institutionalization and loss of needed supports and services without a
concerted effort to identify and assure needed services.
Description of Project:
The Texas Community
Integration project is a grant project of Advocacy, Inc., funded in part by
the Texas Council for Developmental Disabilities. The project currently provides
information to individuals with developmental disabilities in institutional
settings about options for living in community settings. With these funds,
the project will place community integration specialists in the areas of the
state with the largest number of evacuees with disabilities. These specialists
will provide outreach, identification and tracking, short systemic community
integration advocacy and services including networking with providers and
other stakeholders to individuals in congregate living situations specifically
targeted around resources available for hurricane evacuees.
Terms and Funding:
Funding for this grant
will begin January 23, 2006 and continue for up to 18 months. Estimated funding
will not exceed $241,900 during this time period.
For information regarding this announcement, please contact Patrice A.
LeBlanc, Grants Management Director, (512) 437-5435 or e-mail address: patrice.leblanc@TCDD.state.tx.us.
TRD-200600511
Roger Webb
Executive Director
Texas Council for Developmental Disabilities
Filed: January 31, 2006
Notice of Availability of the Draft January 2006 Update to the Water Quality Management Plan for the State of Texas
The Texas Commission on Environmental Quality (TCEQ or commission) announces
the availability of the draft January 2006 Update to the Water Quality Management
Plan for the State of Texas (draft WQMP update).
The Water Quality Management Plan (WQMP) is developed and promulgated in
accordance with the requirements of federal Clean Water Act, §208. The
draft WQMP update includes projected effluent limits of indicated domestic
dischargers useful for water quality management planning in future permit
actions. Once the commission certifies a WQMP update, the update is submitted
to the United States Environmental Protection Agency (EPA) for approval. For
some Texas Pollutant Discharge Elimination System (TPDES) permits, the EPA's
approval of a corresponding WQMP update is a necessary precondition to TPDES
permit issuance by the commission. The draft WQMP update may contain service
area populations for listed wastewater treatment facilities and designated
management agency information.
A copy of the draft January 2006 WQMP update may be found on the commission's
web site located at
http://www.tceq.state.tx.us/nav/eq/eq_wqmp.html
. A copy of the draft may also be viewed at the TCEQ Library, Building
A, 12100 Park 35 Circle, Austin, Texas.
Written comments on the draft WQMP update may be submitted to Nancy Vignali,
Texas Commission on Environmental Quality, Water Quality Division, MC 150,
P. O. Box 13087, Austin, Texas 78711-3087. Comments may also be faxed to (512)
239-4420, but must be followed up with the submission and receipt of the written
comments within three working days of when they were faxed. Written comments
must be submitted no later than 5:00 p.m. on March 13, 2006. For further information
or questions, please contact Ms. Vignali at (512) 239-1303 or by e-mail at
TRD-200600547
Stephanie Bergeron Perdue
Acting Deputy Director, Office of Legal Services
Texas Commission on Environmental Quality
Filed: February 1, 2006
The Texas Commission on Environmental Quality (TCEQ) proposes to amend
General Permit No. TXG920000 which authorizes the discharge of manure, litter,
and wastewater under specific circumstances from concentrated animal feeding
operations (CAFOs) into and adjacent to water in the state. The amendment
would allow dry litter poultry CAFOs located in the protection zone of a sole
source surface drinking water supply the ability to qualify for and obtain
coverage under this general permit. This general permit applies to the entire
state of Texas. General Permits are authorized by Section 26.040 of the Texas
Water Code and in accordance with 30 Texas Administrative Code Chapter 205.
AMENDED GENERAL PERMIT. The general permit is applicable to certain TPDES
and State-only CAFOs state-wide. The general permit authorizes the discharge
of manure, litter, and wastewater from CAFOs under specific circumstances.
The general permit provides requirements, standards, and conditions for the
proper construction, operation and maintenance of CAFOs. The permit specifies
which facilities may be authorized under this general permit. No significant
degradation of high quality waters is expected and existing uses will be maintained
and protected.
The Executive Director has reviewed this action for consistency with the
goals and policies of the Texas Coastal Management Program (CMP) according
to Coastal Coordination Council regulations, and has determined that the action
is consistent with applicable CMP goals and policies.
A copy of the proposed amended general permit and fact sheet will be available
for viewing and copying at the TCEQ Office of the Chief Clerk located at the
TCEQ Austin Office, at 12100 Park 35 Circle, Building F. These documents will
also be available at the TCEQ's sixteen (16) regional offices and on the TCEQ
website at: http://www.tceq.state.tx.us/permitting/water_quality/wastewater/general/WQ_general_permits.html.
PUBLIC COMMENT/PUBLIC MEETING. You may submit public comments or request
a public meeting about this application. The purpose of a public meeting is
to provide the opportunity to submit comments or to ask questions about the
application. Generally, the TCEQ will hold a public meeting if the Executive
Director determines that there is a significant degree of public interest
in the general permit amendment or if requested by a local legislator. A public
meeting is not a contested case hearing.
Written public comments must be submitted to the Office of Chief Clerk,
MC 105, TCEQ, P.O. Box 13087, Austin, Texas 78711-3087 within 30 days from
the date this notice is published in the Texas Register.
APPROVAL PROCESS. After the comment period, the Executive Director will
consider all the public comments and prepare a response. The response to comments
will be mailed to everyone who submitted public comments or who requested
to be on a mailing list for this general permit. The general permit will then
be set for the Commissioners' consideration at a scheduled Commission meeting.
MAILING LIST. In addition to submitting public comments, you may ask to
be placed on a mailing list to receive future public notices mailed by the
Office of the Chief Clerk. You may request to be added to: (1) the mailing
list for this specific general permit; (2) the permanent mailing list for
a specific applicant name and permit number; and/or (3) the permanent mailing
list for a specific county. Clearly specify which mailing lists to which you
wish to be added and send your request to the TCEQ Office of the Chief Clerk
at the address above. Unless you otherwise specify, you will be included on
the mailing list for this specific general permit.
INFORMATION. If you need more information about the permit action or the
permitting process, please call the TCEQ 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.
Further information may also be obtained by calling Laurie Fleet of the
Water Quality Division at (512) 239-5132.
Si desea información en Español, puede llamar al 1-800-687-4040.
TRD-200600535
LaDonna Castañuela
Chief Clerk
Texas Commission on Environmental Quality
Filed: February 1, 2006
Notices mailed January 26 and January 27, 2006:
TCEQ Internal Control No. 07282005-D01; Dunham Enterprises, LLC. (Petitioner)
filed a petition for creation of Harris County Municipal Utility District
No. 434 (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 the following: (1) the Petitioner is the owner of a majority
in value of the land to be included in the proposed District; (2) there are
no lien holders, on the property to be included in the proposed District;
(3) the proposed District will contain approximately 523.997 acres located
in Harris County, Texas; and (4) the proposed District is within the extraterritorial
jurisdiction of the City of Houston, Texas, and no portion of land within
the proposed District is within the corporate limits or extraterritorial jurisdiction
of any other city, town or village in Texas. By Ordinance No. 2005-290 , effective
March 30, 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 municipal, domestic, industrial and commercial
purposes; (2) acquire, construct, operate and maintain a system to gather,
conduct, divert, and control local storm water or other local harmful excesses
of water within the District; (3) purchase, acquire, construct, own, lease,
extend, improve, operate, maintain, and repair such additional improvements,
facilities, plants, equipment, and appliances consistent with the purposes
for which the District is organized, all as more particularly described in
an engineer's report filed simultaneously with the filing of the petition.
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 $79,500,000.
TCEQ Internal Control No. 12132005-D02; Great Western Acquisitions LLC
(Petitioner) filed a petition for creation of Harris County Municipal Utility
District No. 436 (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 the following: (1) the Petitioner is the owner
of a majority in value of the land to be included in the proposed District;
(2) there is one lien holder, Hibernia Bank, on the property to be included
in the proposed District, and the Petitioner has provided the TCEQ with a
certificate evidencing its consent to the creation of the proposed District;
(3) the proposed District will contain approximately 199.98 acres located
in Harris County, Texas; and (4) the proposed District is within the extraterritorial
jurisdiction of the City of Houston, Texas, and no portion of land within
the proposed District is within the corporate limits or extraterritorial jurisdiction
of any other city, town, or village in Texas. By Ordinance No. 2005-123, effective
February 16, 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 municipal, domestic, industrial and commercial
purposes; (2) acquire, construct, operate and maintain a system to gather,
conduct, divert, and control local storm water or other local harmful excesses
of water within the District; and (3) purchase, acquire, construct, own, lease,
extend, improve, operate, maintain, and repair such additional improvements,
facilities, plants, equipment, and appliances consistent with the purposes
for which the District is organized, all as more particularly described in
an engineer's report filed simultaneously with the filing of the petition.
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 $15,000,000.
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, at the same address. For additional information, individual members
of the general public may contact the Districts Review Team at 1-512-239-4691.
Si desea información en Español, puede llamar al 1-800-687-4040.
General information regarding the TCEQ can be found at our web site at www.tceq.state.tx.us.
TRD-200600537
LaDonna Castañuela
Chief Clerk
Texas Commission on Environmental Quality
Filed: February 1, 2006
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 or commission) is required
under the Texas Solid Waste Disposal Act, Health and Safety Code, Chapter
361, as amended (the 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).
Pursuant to §361.184(a) the Act, the commission 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 commission hereby gives notice of a facility that the executive
director has determined eligible for listing, and which the executive director
proposes to list on the state registry. By this publication, the commission
also gives notice pursuant to the Act, §361.1855, that it proposes a
land use other than residential as appropriate for the Cox Road Dump Site
facility identified below. The commission proposes 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 30 TAC §350.53, Land Use Classification.
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 executive director. This notice of intent to list
this facility was also published in the February 4, 2006, edition of the
The facility proposed for listing is the Cox Road Dump Site, located one
mile north of FM 1413 on the west side of County Road 491 (Cox Road), Dayton,
Liberty County, Texas. The geographic coordinates of the site are 29 degrees
58 minutes 30.84 seconds North latitude, 94 degrees 56 minutes 12.83 seconds
West longitude. 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 TCEQ to evaluate potential
and relative risk to public health and the environment from releases or threatened
releases of hazardous substances. The description may change as additional
information is gathered on the sources and extent of contamination.
This facility is also known as the Liberty Waste Disposal Landfill. The
landfill or landfarm is approximately 83 acres and was operated by the Joiner
Oil Company from 1969 to 1983. The site is now owned by Joiner Liquidating
Trust. The TCEQ and United States Environmental Protection Agency (EPA) were
unable to contact property owners by mail or phone after numerous attempts.
The facility was originally used to landfill tank bottoms and filter cake
from petroleum companies. Area residents reported that the landfill was up
to 40 feet deep, and unlined. At the close of operations, the landfill was
capped with approximately three feet of topsoil, which has since eroded away
exposing the buried waste. Runoff from the site drains into the Trinity River
through a series of ditches that run at the edges and through the center of
the site. In April of 2004, TCEQ collected on- site soil samples containing
levels of contamination above three times the background for barium, cadmium,
chromium, cobalt, lead, mercury, Aroclor 1016, semi-volatile organic compounds
(SVOCs) (including phenol), and volatile organic compounds (VOCs) including
BTEX. On-site shallow ground water samples had various VOCs and SVOCs (phenol
and polynuclear aromatic hydrocarbons, pesticide). Run-off controls are inadequate
and the site is partially fenced at access points (ditch and two gates). No
contaminants have been found in off-site residential water wells.
A public meeting will be held on March 16, 2006, at 7:00 p.m., in the cafeteria
of Dayton High School, 3200 North Cleveland in Dayton, Texas. The purpose
of this meeting is to obtain additional information regarding the site relative
to its eligibility for listing on the state registry, to identify additional
potentially responsible parties, and to receive comment regarding the proposed
commercial/industrial land use designation. The public meeting will not be
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., March 16, 2006, and should be sent in writing to Geof Meyer,
Project Manager, Texas Commission on Environmental Quality, Remediation Division,
MC 127, P. O. Box 13087, Austin, Texas 78711-3087, or by facsimile at (512)
239-2450. The public comment period for this action will end at the close
of the public meeting on March 16, 2006.
A portion of the record for this site, including documents pertinent to
the ED's determination of eligibility, is available for review at the Jones
Public Library, 307 West Houston Street, Dayton, Texas 77535, (936) 258-7060,
during regular business hours. Copies of the complete public record file may
be obtained during regular business hours at the commission'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.
Persons with disabilities who have special communication or other accommodation
needs who are planning to attend the meeting should contact the agency 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
Bruce McAnally, TCEQ Community Relations, at (800) 633-9363, extension 2141.
Information is also available regarding the state Superfund program at:
TRD-200600542
Stephanie Bergeron Perdue
Acting Deputy Director, Office of Legal Services
Texas Commission on Environmental Quality
Filed: February 1, 2006
The Texas Commission on Environmental Quality (commission) will conduct
a public hearing to receive testimony regarding proposed revisions to 30 TAC
Chapter 111, Control of Air Pollution from Visible Emissions and Particulate
Matter, and the state implementation plan (SIP), under the requirements of
Texas Health and Safety Code, §382.017; Texas Government Code, Subchapter
B, Chapter 2001; and 40 Code of Federal Regulations §51.102, of the United
States Environmental Protection Agency (EPA) regulations concerning SIPs.
The proposed rulemaking would prohibit the burning of all household refuse
on certain properties in a limited demographic region, authorize by rule the
burning of plant growth in attainment areas on the property on which it was
generated, and provide for the burning of plant growth from specific residential
properties on designated sites in counties with a population of less than
50,000.
A public hearing on this proposal will be held in Austin, Texas on March
7, 2006, at 10:00 a.m., at the Texas Commission on Environmental Quality complex
located at 12100 Park 35 Circle, Building B, Room 201A. The hearing will be
structured for the receipt of oral or written comments by interested persons.
Registration will begin 30 minutes prior to the hearing. Individuals may present
oral statements when called upon in order of registration. There will be no
open discussion during the hearing; however, commission staff members will
be available to discuss the proposal 30 minutes before the hearing and will
answer questions before and after the hearing.
Persons planning to attend the hearing who have special communication or
other accommodation needs, should contact Joyce Spencer, Office of Legal Services,
at (512) 239-5017. Requests should be made as far in advance as possible.
Comments may be submitted to Joyce Spencer, MC 205, Texas Register Team,
Office of Legal Services, Texas Commission on Environmental Quality, P. O.
Box 13087, Austin, Texas 78711-3087 or faxed to (512) 239-4808. All comments
should reference Rule Project Number 2005-041-111-CE. Comments must be received
by 5:00 p.m., March 13, 2006. Copies of the proposed rules can be obtained
from the commission's Web site at
http://www.tceq.state.tx.us/nav/rules/propose_adopt.html
. For further information, please contact Ronnie Kramer, Field Operations
Division, at (512) 239-0194.
TRD-200600465
Stephanie Bergeron Perdue
Acting Deputy Director, Office of Legal Services
Texas Commission on Environmental Quality
Filed: January 30, 2006
The following notices were issued during the period of January 24, 2006
through January 27, 2006.
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.
AQUA UTILITIES, INC. has applied for a renewal of Texas Pollutant Discharge
Elimination System (TPDES) Permit No. 12563-001, which authorizes the discharge
of treated domestic wastewater at a daily average flow not to exceed 20,000
gallons per day. The facility is located approximately 1.3 miles west of the
intersection of Farm-to-Market Road 729 and Farm-to-Market Road 1969 and approximately
4 miles southwest of the intersection of State Highway 49 and Farm-to-Market
Road 1969 in Marion County, Texas.
CITY OF DENTON has applied for a renewal of TPDES Permit No. 10027-003,
which authorizes the discharge of treated domestic wastewater at an annual
average flow not to exceed 21,000,000 gallons per day. The applicant has also
applied to the Texas Commission on Environmental Quality (TCEQ) for approval
of a substantial modification to its pretreatment program under the TPDES
program. The current permit authorizes the land application of sewage sludge
for beneficial use on 357 acres, land application of class A sewage sludge
for beneficial use, and marketing and distribution of sludge. The facility
is located east of the City of Denton along Pecan Creek, approximately 5,700
feet east of State Highway 288 and two miles upstream from Lewisville Lake
in Denton County, Texas. The applicant has also applied to the TCEQ for approval
of a substantial modification to its approved pretreatment program under the
TPDES program. Approval of the request for modification to the pretreatment
program will allow the applicant to incorporate the City of Denton's Project
XL Final Project Agreement. The request for approval complies with both federal
and State requirements. The substantial modification will be approved without
change if no substantive comments are received within 30 days of notice publication.
CITY OF EL PASO AND TEXAS DEPARTMENT OF TRANSPORTATION, which operate
the City of El Paso Municipal Separate Storm Sewer System (MS4), have applied
for a renewal of NPDES Permit No. TXS000801 which authorizes storm water point
source discharges to surface water in the state from the City of El Paso Municipal
Separate Storm Sewer System (MS4). This permit will be renewed as TPDES Permit
No. WQ0004527000. The MS4 is located within the corporate boundary of the
City of El Paso, in El Paso County, Texas.
NORTHWEST HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 10 has applied
for a new permit, proposed TPDES Permit No. WQ0014643001, to authorize the
discharge of treated domestic wastewater at a daily average flow not to exceed
94,500 gallons per day. The facility is located on the east side of Barker
Cypress Road, 4,600 feet north of Huffmeister Road in Harris County, Texas.
ORANGEFIELD INDEPENDENT SCHOOL DISTRICT has applied for a renewal of TPDES
Permit No. 11607-001, which authorizes the discharge of treated domestic wastewater
at a daily average flow not to exceed 32,000 gallons per day. The facility
is located immediately north of Farm-to-Market Road 105 and 0.5 mile west
of the intersection of Farm-to-Market Road 105 and Farm-to-Market Road 408
in Orange County, Texas.
KENNETH DUANE REYNOLDS has applied for a renewal of Permit No. 11737-001,
which authorizes the disposal of treated domestic wastewater at a daily average
flow not to exceed 12,000 gallons per day via subsurface drip irrigation of
2.75 acres of pasture land. This permit will not authorize a discharge of
pollutants into waters in the State. The wastewater treatment facility and
disposal site are located on State Highway 64, approximately 2.5 miles east
of the intersection of Loop 323 and State Highway 64 in Smith County, Texas.
TEXAS DEPARTMENT OF TRANSPORTATION has applied for a new permit, Proposed
Permit No. WQ0014619001, to authorize the disposal of treated domestic wastewater
at a daily average flow not to exceed 8,288 gallons per day via subsurface
application at the west-bound site and the disposal of treated wastewater
at a daily average flow not to exceed 6,272 gallons per day via subsurface
application at the east-bound site. The first proposed facility and disposal
site will be located along the north side (west-bound) of Interstate Highway
10, approximately 5,280 feet west of the intersection of Interstate Highway
10 and Farm-to-Market Road 1104 in Guadalupe County, Texas. The second proposed
domestic wastewater treatment facility and disposal site will be located along
the south side (east-bound) of Interstate Highway 10, approximately 5,280
feet west of the intersection of Interstate Highway 10 and Farm-to-Market
Road 1104 in Guadalupe County, Texas. The facilities and disposal sites will
be located in the drainage basin of Nash Creek in Segment No. 1804 of the
Guadalupe River Basin.
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 TCEQ has initiated a minor amendment of the TPDES permit issued to
AQUA DEVELOPMENT, INC. to remove Other Requirements, provision number six
on page 23 of the existing permit, which is in regards to daily operator inspection
of the facility. The existing permit authorizes the discharge of treated domestic
wastewater at a daily average flow not to exceed 150,000 gallons per day.
The facility is located approximately 1.10 miles north of the intersection
of State Highway 288 and Farm-to-Market Road 1462 in Brazoria County, Texas.
CITY OF THREE RIVERS has applied for a minor amendment to the TPDES permit
to authorize a temporary reduction in the discharge by including an interim
phase of 252,000 gallons per day. The existing permit authorizes the discharge
of treated domestic wastewater at a daily average flow not to exceed 400,000
gallons per day. TCEQ received this application on November 8, 2005. The facility
is located approximately 900 feet southwest of the intersection of State Highway
72 and Avenida Seguin in the City of Three Rivers in Live Oak County, Texas.
TRD-200600538
LaDonna Castañuela
Chief Clerk
Texas Commission on Environmental Quality
Filed: February 1, 2006
Notices issued January 26, 2006 through January 31, 2006:
Application No. 08-2455B; The City of Dallas, 1500 Marilla Street, Room
4A/N, Dallas, Texas 75201, applicant, seeks to amend Certificate of Adjudication
No. 08-2455 pursuant to Texas Water Code 11.122 and Texas Commission on Environmental
Quality Rules 30 Texas Administrative Code (TAC) 295.1, et seq. Certificate
of Adjudication No. 08-2455 authorizes the owner to impound 591,704 acre-feet
of water in a reservoir known as Lake Ray Roberts on the Elm Fork Trinity
River, tributary of the Trinity River Basin. Owner is also authorized to divert
and use not to exceed 591,704 from the reservoir for municipal and domestic
purposes and 115,100 acre-feet of water per year out of the currently authorized
591,704 acre-feet portion for non-consumptive hydroelectric purposes from
Lake Ray Roberts at a maximum diversion rate of 159 cfs. The time priority
for the municipal and domestic water is November 24, 1975. The non-consumptive
hydroelectric water is non-priority water. Applicant seeks to amend Certificate
of Adjudication No. 08-2455 to change the use of the 591,704 acre-feet of
water per year, currently used for municipal and domestic purposes to multiple
(municipal, domestic, agricultural, industrial and recreation) purposes. Applicant
does not seek to change the 115,100 acre-feet per year currently authorized
for non-consumptive hydroelectric purposes on a non-priority basis. 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 September
2, 2005. Additional information was received on November 1, 2005. The application
was accepted for filing and declared administratively complete on November
7, 2005. Written public comments and requests for a public meeting should
be submitted to the Office of the Chief Clerk, at the address provided in
the information section below by February 27, 2006.
Application No. 08-2456F; The City of Dallas, 1500 Marilla Street, Room
4A/N, Dallas, Texas 75201, applicant, seeks to amend Certificate of Adjudication
No. 08-2456 pursuant to Texas Water Code 11.122 and Texas Commission on Environmental
Quality Rules 30 Texas Administrative Code (TAC) 295.1, et seq. Certificate
of Adjudication No. 08-2456 authorizes the owner to impound 549,976 acre-feet
of water in Lake Lewisville on the Elm Fork Trinity River, tributary of the
Trinity River, Trinity River Basin, and divert and use from Lake Lewisville
not to exceed 403,700 acre-feet of water per year (out of that being 398,700
acre-feet for municipal, 4,900 acre-feet for agricultural (irrigation), and
100 acre-feet for recreational purposes), 134,976 acre-feet of water per year
for municipal and domestic purposes, 800 acre-feet of water per year for industrial
purposes, 451,030 acre-feet of water per year for non-consumptive hydroelectric
purposes (on a non-priority basis) and 1,000 acre-feet of water per year for
domestic purposes. Owner is further authorized to divert and use 9,500 acre-feet
of water per year from two points on the Elm Fork Trinity River for industrial
and municipal purposes. Owner is also authorized to use the bed and banks
of the Elm Fork Trinity River to deliver water to the diversion points. There
are multiple priority dates. The Certificate has a special condition where
the use allocation listed above for the 403,700 acre-feet of water will expire
on January 20, 2006 and reverts to municipal use. Applicant seeks to amend
Certificate of Adjudication No. 08-2456 to change the purpose of use of the
549,976 acre-feet of water to multiple (municipal, domestic, agricultural,
industrial, recreation) purposes. No other changes are requested in the amendment
application. 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 September 2, 2005. Additional information was received on
November 1, 2005. The application was declared administratively complete and
accepted for filing on November 7, 2005. Written public comments and requests
for a public meeting should be submitted to the Office of the Chief Clerk,
at the address provided in the information section below by February 27, 2006.
APPLICATION NO. 14-1441A; Boot Ranch Development, L.P., applicant, 36 Fares
Ranch Road, Fredericksburg, TX 78624, seeks an amendment to Certificate of
Adjudication No. 14-1441 pursuant to Texas Water Code 11.122, and Texas Commission
on Environmental Quality Rules 30 Texas Administrative Code (TAC) 295.1, et
seq. Certificate of Adjudication No. 14-1441 authorizes the owner to maintain
a dam and reservoir on Upper Palo Alto Creek, tributary of the Pedernales
River, tributary of the Colorado River, Colorado River Basin and impound therein
not to exceed 6 acre-feet of water. The owner is also authorized to divert
34 acre-feet of water from the reservoir at a maximum diversion rate of 1.89
cfs (800 gpm) for agricultural purposes to irrigate a maximum of 29 acres
in Gillespie County with a time priority of 1943. Pursuant to an Upstream
Firm Water Contract between the applicant and the Lower Colorado River Authority,
the applicant has applied for an amendment to Certificate of Adjudication
No. 14-1441 to: (1) increase the storage capacity of the reservoir on Upper
Palo Alto Creek from 6 acre-feet to 93 acre-feet; (2) increase the annual
diversion amount from 34 acre-feet to 232 acre-feet of water per year; (3)
increase the diversion rate from 1.89 cfs (800 gpm) to 5.79 cfs (2,550 gpm);
(4) add an existing off-channel reservoir as part of the irrigation system;
(5) add recreational use to both reservoirs; and (6) increase the lands to
be irrigated from 29 acres to a maximum of 100 acres of land out of a 1,921.5-acre
tract in Gillespie County, being the same tract as authorized in Certificate
of Adjudication No. 14-1440. The applicant indicates water diverted from the
reservoir on Upper Palo Alto Creek will be discharged directly into the off-channel
reservoir for subsequent irrigation. The off-channel reservoir is located
four miles north from Fredericksburg in the Charles C. Cammert Original Survey
295, Abstract 128, Gillespie County, bearing S23.5 W, 2,402 feet from the
northeast corner of the Cammert Survey, also being at Latitude 30.3468 N,
Longitude 98.8763 W. It has a capacity of 56 acre-feet and a surface area
of 5 acres. The applicant further indicates that authorized diversions will
be reported as metered at the existing diversion point on Palo Alto Creek
and any evaporation losses from the off-channel reservoir will be included
in the reported diversions. Therefore, the off-channel reservoir was not considered
in determining water availability for this application. The applicant also
indicates that any evaporative losses resulting from the increase in the on-channel
storage capacity will be estimated and the total amount of water diverted
from Palo Alto Creek will be limited to the authorized annual diversion amount
less the estimated evaporative losses from the enlarged portion of the reservoir.
The applicant submitted an accounting plan "Accounting Procedure for Increased
Evaporative Losses From Enlarged Portion of On-Channel Reservoir" which accounts
for all diversions from the reservoir under all of the applicant's authorizations.
Staff reviewed the accounting plan and found it acceptable. Ownership of the
1,921.5-acre tract is evidenced by a Special Warranty Deed as recorded in
Volume 562, Page 75 (Document #044217) in the Official County Clerk Records
of Gillespie County. 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 May 25, 2005. Additional information and fees
were received on August 5 and October 25, 2005. The application was declared
administratively complete and accepted for filing with the Office of the Chief
Clerk on November 8, 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. 14-1881A; Dean Bagley, Jr., P.O. Box 1319, San Saba, Texas,
76877, applicant, has applied to the Texas Commission on Environmental Quality
(TCEQ) for an amendment to a Certificate of Adjudication pursuant to Texas
Water Code (TWC) 11.122, and Texas Commission on Environmental Quality Rules
30 Texas Administrative Code (TAC) 295.1, et seq. Certificate of Adjudication
No. 14-1881 authorizes the applicant to divert and use not to exceed 161 acre-feet
of water per year, with a time priority of 1910, from a diversion point on
the San Saba River, tributary of the Colorado River, Colorado River Basin,
for agricultural purposes to irrigate 107 acres of land in San Saba County
at a maximum diversion rate of 3.34 cfs (1,500 gpm). Applicant seeks to amend
Certificate of Adjudication No. 14-1881 to add a diversion point on the San
Saba River, approximately 9.7 river miles downstream of the current diversion
point for the diversion of 21 acre-feet of water per year out of the currently
authorized 161 acre-feet of water for agricultural (irrigation) purposes at
a maximum combined diversion rate of 3.34 cfs (1,500 gpm). The point is located
at Latitude 31.208N, Longitude 98.712W, bearing S77.767E, 7,208.6 feet from
the west corner of the R.D. McAnnelly Survey No. 37, Abstract No. 945, one
mile north of the City of San Saba, the county seat of San Saba County, Texas.
Applicant is not requesting to change the currently authorized diversion rate.
Applicant also seeks to add a place of use, being 81.7 acres of land out of
a larger 188.3 acre-tract in San Saba County. Ownership of the 188.3 acres
is evidenced by a Deed filed with the Official Public Records of San Saba
County, Texas as Volume 153, Pages 157-161, a Warranty Deed filed with the
Official Public Records of San Saba County, Texas as Volume 153, Pages 129-132,
and a Warranty Deed filed with the Official Public Records of San Saba County,
Texas as Volume 163, Pages 287-291. 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 July 12, 2005. Additional information
and fees were received on September 14, 2005 and January 19, 2006. The application
was declared administratively complete and accepted for filing with the Office
of the Chief Clerk on October 3, 2005. Written public comments and requests
for a public meeting should be received in the Office of Chief Clerk, at the
address provided in the information section below, by February 16, 2006.
APPLICATION NO. 5821; Upper Trinity Regional Water District (UTRWD or Applicant)
P.O. Drawer 305, Lewisville, Texas 75067, seeks a Water User Permit pursuant
to Texas Water Code (TWC) 11.121 and 11.085 and Texas Commission on Environmental
Quality (TCEQ) Rules 30 TAC 295.1, et seq., to construct and maintain a reservoir
(known as Lake Ralph Hall) on the North Sulphur River, Sulphur River Basin,
Fannin County, Texas for in-place recreational purposes and divert and use
not to exceed 45,000 acre-feet of water per year from Lake Ralph Hall for
municipal, industrial, and agricultural purposes. Applicant requests to use
the water in Collin, Cooke, Dallas, Denton, Fannin, Grayson, and Wise Counties
within the Sulphur River Basin and Trinity River Basin. Because Applicant
has requested an interbasin transfer of water, public meetings will be held
in the basin of origin, the Sulphur River Basin, and the receiving basin,
the Trinity River Basin. For further information on the application, view
the complete notice on our web site at www.tceq.state.tx.us/comm_exec/cc/pub_notice.html
or call the Office of the Chief Clerk at 512- 239-3300 to obtain a copy of
the complete notice. The application was received on September 2, 2003. Additional
fees and information were received on May 3, 2004, July 7, 2004, July 19,
2004, and August 6, 2004. The Executive Director reviewed the application
and determined it to be administratively complete on August 13, 2004. The
Executive Director has not completed its technical review of the application.
The Texas Commission on Environmental Quality (TCEQ) will hold public meetings
to receive comments on this application. The public meetings will consist
of two parts, an Informal Discussion Period and a Formal Comment Period. During
the Informal Discussion Period, the public is encouraged to ask questions
of the applicant and TCEQ staff concerning the application, but comments made
during the informal period will not be considered by the Commissioners before
reaching a decision on the application and no formal response will be made.
During the Formal Comment Period, members of the public may state their comments
into the official record. The Executive Director will summarize the formal
comments and prepare a written response. The written response will be considered
by the Commissioners in their decision- making process and upon request will
be available to the public. Public Meetings are to be held: Monday, March
27, 2006 at 7:00 PM, Fannindel High School-Cafetorium, 610 Main Street, Ladonia,
Texas 75449; and Tuesday, March 28, 2006 at 7:00 PM, City of Lewisville -
Municipal Annex, 1197 West Main Street, Lewisville, Texas 75067. Citizens
are encouraged to submit written comments anytime during the meetings or by
mail before the meetings to the Office of the Chief Clerk, TCEQ, MC 105, P.O.
Box 13087, Austin, Texas, 78711-3087. If you need more information, please
call the TCEQ Office of Public Assistance, Toll Free at 1-800-687-4040. The
TCEQ may grant a contested case hearing on this application if a written hearing
request is filed within 30 days from the date of newspaper publication of
this notice.
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-200600536
LaDonna Castañuela
Chief Clerk
Texas Commission on Environmental Quality
Filed: February 1, 2006
The State Office of Administrative Hearings issued a Proposal for Decision
and Order to the Texas Commission on Environmental Quality (TCEQ) on January
24, 2006, in the matter of the Executive Director of the Texas Commission
on Environmental Quality, Petitioner v. Dan Hughitt dba Hugitts Sawmill; SOAH
Docket No. 582-06-0522; TCEQ Docket No. 2004-1320-MLM-E. The commission will
consider the Administrative Law Judge's Proposal for Decision and Order regarding
the enforcement action against Dan Hughitt dba Hugitts Sawmill on a date and
time to be determined by the Office of the Chief Clerk in Room 201S of Building
E, 12100 N. Interstate 35, Austin, Texas. This posting is Notice of Opportunity
to Comment on the Proposal for Decision and Order. The comment period will
end 30 days from date of this publication. Written public comments should
be submitted to the Office of the Chief Clerk, MC-105, Texas Commission on
Environmental Quality, P. O. Box 13087, Austin, Texas 78711-3087. If you have
any questions or need assistance, please contact Paul Munguia, Office of the
Chief Clerk, (512) 239-3300.
TRD-200600539
LaDonna Castañuela
Chief Clerk
Texas Commission on Environmental Quality
Filed: February 1, 2006
The State Office of Administrative Hearings issued a Proposal for Decision
and Order to the Texas Commission on Environmental Quality (commission) on
January 26, 2006, in the matter of the Executive Director of the Texas Commission
on Environmental Quality, Petitioner v. Nelson Collazo; SOAH Docket No. 582-05-4952;
TCEQ Docket No. 2004-0490-PST-E. The commission will consider the Administrative
Law Judge's Proposal for Decision and Order regarding the enforcement action
against Nelson Collazo on a date and time to be determined by the Office of
the Chief Clerk in Room 201S of Building E, 12100 N. Interstate 35, Austin,
Texas. This posting is Notice of Opportunity to Comment on the Proposal for
Decision and Order. The comment period will end 30 days from date of this
publication. Written public comments should be submitted to the Office of
the Chief Clerk, MC-105, Texas Commission on Environmental Quality, P. O.
Box 13087, Austin, Texas 78711-3087. If you have any questions or need assistance,
please contact Paul Munguia, Office of the Chief Clerk, (512) 239-3300.
TRD-200600540
LaDonna Castañuela
Chief Clerk
Texas Commission on Environmental Quality
Filed: February 1, 2006
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
March 10, 2006
.
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 March 10, 2006
. 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: 5510 Acorn L.L.C. dba Acorn Mobile Home Park; DOCKET NUMBER:
2004-2127-MWD-E; IDENTIFIER: Texas Pollutant Discharge Elimination System
(TPDES) Permit Number 12772-001, Regulated Entity Reference Number (RN) 101511566;
LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: wastewater treatment;
RULE VIOLATED: 30 TAC §305.125(8), TPDES Permit Number 12772-001, and
the Code, §26.121(a)(1), by failing to receive permission prior to moving
the final effluent discharge point; and 30 TAC §5.702, by failing to
pay the public health service fees; PENALTY: $3,450; ENFORCEMENT COORDINATOR:
Pamela Campbell, (512) 239-4493; REGIONAL OFFICE: 5425 Polk Avenue, Suite
H, Houston, Texas 77023-1486, (713) 767-3500.
(2) COMPANY: A&F Brothers, Inc. dba Super Stop 19; DOCKET NUMBER: 2005-1379-PST-E;
IDENTIFIER: RN102382579; LOCATION: Beaumont, Jefferson County, Texas; TYPE
OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED:
30 TAC §334.10(b), by failing to maintain the underground storage tank
(UST) records at the station; 30 TAC §334.50(b)(1)(A), (2)(A)(i)(III),
and (d)(1)(B)(ii) and (iii)(IV), and the Code, §26.3475(c)(1), by failing
to monitor USTs for releases, by failing to monitor the piping of the UST
system in a manner designed to detect releases, by failing to have the line
leak detectors tested, by failing to reconcile inventory control records on
a monthly basis, and by failing to measure any water level in the bottom of
the tanks to the nearest 1/8-inch; 30 TAC §334.48(c), by failing to conduct
effective manual or automatic inventory control procedures for all USTs; 30
TAC §115.246(7)(A) and THSC, §382.085(b), by failing to maintain
and produce all current Stage II records for on-site review; 30 TAC §115.242(3)
and (3)(A) and THSC, §382.085(b), by failing to maintain the Stage II
vapor recovery system (VRS); and 30 TAC §115.245(2) and THSC, §382.085(b),
by failing to verify proper operation of the Stage II equipment; PENALTY:
$11,616; ENFORCEMENT COORDINATOR: Chad Blevins, (512) 239-6017; REGIONAL OFFICE:
3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.
(3) COMPANY: Alonzo Aguilar dba Aguilar's Grocery; DOCKET NUMBER: 2005-1749-PST-E;
IDENTIFIER: RN102274669; LOCATION: Alpine, Brewster County, Texas; TYPE OF
FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED:
30 TAC §334.7(d)(3), by failing to amend, update, or change information
on the UST registration and self-certification forms; 30 TAC §334.10(b),
by failing to make available legible copies of all required records for inspection;
30 TAC §334.8(c)(5)(C), by failing to ensure that a legible tag, label,
or marking with the tank number is permanently applied upon or affixed to
either the top of the fill tube or to a removable point in the immediate area
of the fill tube; 30 TAC §334.50(a)(1)(A) and the Code, §26.3475(c)(1),
by failing to provide a proper release detection method; 30 TAC §334.49(a)
and the Code, §26.3475(d), by failing to provide corrosion protection
for the UST system; and 30 TAC §334.51(b)(2)(C) and the Code, §26.34475(c)(2),
by failing to provide proper overfill prevention equipment for the UST system;
PENALTY: $7,560; ENFORCEMENT COORDINATOR: Shontay Wilcher, (512) 239-2136;
REGIONAL OFFICE: 401 East Franklin Avenue, Suite 560, El Paso, Texas 79901-1206,
(915) 834-4949.
(4) COMPANY: Albertson's Inc. dba Albertson's Express 933; DOCKET NUMBER:
2005-1859-PST-E; IDENTIFIER: RN100820182; LOCATION: El Paso, El Paso County,
Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline;
RULE VIOLATED: 30 TAC §115.244(3) and THSC, §382.085(b), by failing
to conduct monthly inspections for the Stage II VRS; and 30 TAC §115.245(2)
and THSC, §382.085(b), by failing to conduct the required annual testing
to verify proper testing of the Stage II equipment; PENALTY: $2,912; ENFORCEMENT
COORDINATOR: Shontay Wilcher, (512) 239-2136; REGIONAL OFFICE: 401 East Franklin
Avenue, Suite 560, El Paso, Texas 79901-1206, (915) 834-4949.
(5) COMPANY: City of Atlanta; DOCKET NUMBER: 2005-1802-MWD-E; IDENTIFIER:
RN102883212; LOCATION: Atlanta, Cass County, Texas; TYPE OF FACILITY: wastewater
treatment; RULE VIOLATED: 30 TAC §305.125(1) and (17), TPDES Permit Number
10338001, and the Code, §26.121(a), by failing to comply with the permitted
effluent limits for ammonia nitrogen and total zinc and by failing to submit
the annual sludge report; PENALTY: $14,800; ENFORCEMENT COORDINATOR: Lynley
Doyen, (512) 239-1364; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3756,
(903) 535-5100.
(6) COMPANY: Beall Concrete Enterprises, Limited; DOCKET NUMBER: 2005-1701-IWD-E;
IDENTIFIER: RN102707643 and RN100706852; LOCATION: Roanoke, Denton County,
Texas; TYPE OF FACILITY: ready-mixed concrete; RULE VIOLATED: 30 TAC §305.125(1),
Water Quality Permit Number TXG110413, and the Code, §26.121(a), by failing
to comply with permit effluent limits and by failing to submit all required
monitoring data; PENALTY: $3,264; ENFORCEMENT COORDINATOR: Audra Ruble, (361)
825-3100; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951,
(817) 588-5800.
(7) COMPANY: Bigford, Inc. dba Fiesta Marina; DOCKET NUMBER: 2005-1778-PWS-E;
IDENTIFIER: RN101254266; LOCATION: near Mathis, Live Oak County, Texas; TYPE
OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.109(c)(2)(A)(i)
and (F), (3)(A)(ii), and (f)(3), and §290.122(c)(2)(B), and THSC, §341.033(d),
by failing to collect routine water samples for bacteriological analysis,
by failing to post a public notification, by failing to collect and submit
repeat water samples, by failing to collect and submit the appropriate number
of water samples, and by exceeding the maximum contaminant level (MCL) for
coliform bacteria; PENALTY: $3,800; ENFORCEMENT COORDINATOR: Amanda King-Zrubek,
(512) 239-0824; REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi,
Texas 78412-5503, (361) 825-3100.
(8) COMPANY: Brazoria County Fresh Water Supply District Number 1; DOCKET
NUMBER: 2005-0952-MWD-E; IDENTIFIER: RN102335460; LOCATION: near Damon, Brazoria
County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1)
and (17), TPDES Permit Number 11130001, and the Code, §26.121(a), by
failing to comply with permit effluent limits for five-day biochemical oxygen
demand, total suspended solids (TSS), flow, and chlorine residual and by failing
to submit the annual sewage sludge report; PENALTY: $7,020; ENFORCEMENT COORDINATOR:
Catherine Albrecht, (713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite
H, Houston, Texas 77023-1486, (713) 767-3500.
(9) COMPANY: Buda/Kyle Church of Christ; DOCKET NUMBER: 2005-1841-PWS-E;
IDENTIFIER: RN101197820; LOCATION: Buda, Hays County, Texas; TYPE OF FACILITY:
public water supply; RULE VIOLATED: 30 TAC §290.109(c)(2)(A)(i) and (F),
(3)(A)(ii), and (f)(3) and THSC, §341.031(a) and §341.033(d), by
failing to collect and submit routine monthly water samples for bacteriological
analysis, by failing to collect and submit five routine bacteriological samples,
by failing to collect and submit repeat bacteriological water samples, and
by exceeding the MCL for total coliform bacteria; and 30 TAC §290.122(b)(2)(B)
and (c)(2)(B), by failing to provide public notice of the MCL exceedance and
by failing to provide public notification of the failure to conduct the repeat
sampling; PENALTY: $3,150; ENFORCEMENT COORDINATOR: Elvia Maske, (512) 239-0789;
REGIONAL OFFICE: 1921 Cedar Bend Drive, Suite 150, Austin, Texas 78758-5336,
(512) 339-2929.
(10) COMPANY: Ceres Environmental Services, Inc.; DOCKET NUMBER: 2005-1997-MSW-E;
IDENTIFIER: RN104386180; LOCATION: Houston, Harris County, Texas; TYPE OF
FACILITY: recycling; RULE VIOLATED: 30 TAC §37.921 and §328.5(d),
by failing to demonstrate acceptable financial assurance for closure of a
recycling facility; PENALTY: $1,240; ENFORCEMENT COORDINATOR: Thomas Greimel,
(512) 239-5690; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas
77023-1486, (713) 767-3500.
(11) COMPANY: Cheyenne Hills/Glen Rose 618 Limited Partnership; DOCKET
NUMBER: 2005-1488-MLM-E; IDENTIFIER: RN101233526; LOCATION: near Arlington,
Somervell County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED:
30 TAC §290.46(d)(2)(A), (e)(4)(A), (f)(3)(E)(i), (i), (j), (m)(1)(A)
and (B), (n)(2) and (3), and (q)(1), and THSC, §341.033(a) and §341.0315(c),
by failing to maintain a free chlorine residual, by failing to have the water
system operated at all times under the direct supervision of a water works
operator who holds at least a valid Class D license, by failing to maintain
the monthly operating report and make it available to commission personnel,
by failing to conduct an annual inspection of the water system's ground storage
tank, by failing to conduct an annual inspection of the water system's pressure
tank, by failing to adopt an adequate plumbing ordinance, regulations, or
service agreement with provisions for proper enforcement, by failing to provide
copies of customer service inspection certifications performed on all new
connections, by failing to prepare and maintain an accurate and up-to-date
map of the distribution system, by failing to maintain a copy of the well
completion data, and by failing to issue a boil water notice; 30 TAC §290.42(j)
and (l), by failing to initiate maintenance and housekeeping practices, by
failing to provide confirmation that the chlorine used to disinfect the water
supply conforms to the American National Standards Institute/National Sanitation
Foundation Standard 60, and by failing to compile and maintain an up-to-date
plant operations manual; 30 TAC §290.121(a), by failing to maintain an
up-to-date chemical and microbiological monitoring plan; 30 TAC §290.41(c)(1)(F),
by failing to obtain a sanitary control easement or exception to the easement
requirement; 30 TAC §290.109(c)(2)(A)(iii) and THSC, §341.033(d),
by failing to perform routine monthly bacteriological sampling of the public
drinking water supply; 30 TAC §290.122(c)(2)(A), by failing to provide
public notification of the failure to conduct monthly bacteriological sampling;
and 30 TAC §288.20, by failing to provide and maintain a drought contingency
plan; PENALTY: $2,772; ENFORCEMENT COORDINATOR: Rebecca Clausewitz, (210)
490-3096; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951,
(817) 588-5800.
(12) COMPANY: City of Crandall; DOCKET NUMBER: 2005-0837-MWD-E; IDENTIFIER:
RN101917136; LOCATION: Crandall, Kaufman County, Texas; TYPE OF FACILITY:
wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1) and (17), TPDES
Permit Number 0010834001, and the Code, §26.121(a), by failing to comply
with carbonaceous biochemical oxygen demand (CBOD) and fecal coliform and
by failing to submit parameter data for the daily average flow and maximum
flow; PENALTY: $2,386; ENFORCEMENT COORDINATOR: Thomas Greimel, (512) 239-5690;
REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(13) COMPANY: Duke Energy Field Services, L.P.; DOCKET NUMBER: 2005-0489-AIR-E;
IDENTIFIER: RN100216407; LOCATION: near Glazier, Hemphill County, Texas; TYPE
OF FACILITY: natural gas processing; RULE VIOLATED: 30 TAC §122.145(2)(A)
and (B), §122.146(2), and THSC, §382.085(b), by failing to complete
accurate deviation reports and by failing to submit a Title V compliance certification
and the associated deviation report; and 30 TAC §101.201(b)(4) and THSC, §382.085(b),
by failing to maintain complete records for non-reportable emissions events;
PENALTY: $6,160; ENFORCEMENT COORDINATOR: Edward Moderow, (512) 239-2680;
REGIONAL OFFICE: 3918 Canyon Drive, Amarillo, Texas 79109-4933, (806) 353-9251.
(14) COMPANY: ExxonMobil Corporation dba ExxonMobil Chemical Company; DOCKET
NUMBER: 2005-1811-MLM-E; IDENTIFIER: RN102501020; LOCATION: Mont Belvieu,
Chambers County, Texas; TYPE OF FACILITY: polyethylene; RULE VIOLATED: 30
TAC §115.355(1) and §122.143(4), Air Operating Permit Number 02276,
and THSC, §382.085(b), by failing to properly calibrate the monitoring
equipment; 30 TAC §115.242(1)(A) and THSC, §382.085(b), by failing
to provide a Stage II VRS; 30 TAC §116.115(c) and §122.143(4), Permit
Number 4831, Operating Permit Number 02276, and THSC, §382.085(b), by
failing to control the maximum hourly emission rate of 274 parts per million
of granular product, by failing to maintain the heating value, by failing
to maintain the permitted limits for volatile organic compounds and particulate
matter, and by failing to properly conduct water sampling and testing by an
approved method meeting the requirements of the sampling procedures manual;
30 TAC §115.216(3)(A)(i) and (iii), by failing to record the leak test
and identification number of each gasoline tank-truck tank; and 30 TAC §122.143(4),
Operating Permit Number 02276, and 40 Code of Federal Regulations §60.4(a)
and §60.487(a), by failing to submit reports required to assure compliance
with the permit; PENALTY: $26,080; ENFORCEMENT COORDINATOR: Craig Fleming,
(512) 239-5806; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas
77023-1486, (713) 767-3500.
(15) COMPANY: Flomot Water Supply Corporation; DOCKET NUMBER: 2005-1853-PWS-E;
IDENTIFIER: RN102317849; LOCATION: Flomot, Motley County, Texas; TYPE OF FACILITY:
public water supply; RULE VIOLATED: 30 TAC §290.109(c)(2)(A)(ii) and
THSC, §341.033(d), by failing to collect and submit monthly water samples
for bacteriological analysis; and 30 TAC §290.122(c)(2)(A), by failing
to provide public notification for the failure to collect water samples; PENALTY:
$225; ENFORCEMENT COORDINATOR: Sandy VanCleave, (512) 239-0667; REGIONAL OFFICE:
4630 50th Street, Suite 600, Lubbock, Texas 79414-3520, (806) 796-7092.
(16) COMPANY: Held Enterprises, Inc. dba Preston West Golf Course; DOCKET
NUMBER: 2005-1797-PWS-E; IDENTIFIER: RN101379147; LOCATION: Amarillo, Randall
County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.109(c)(2)(A)(i)
and §290.122(c)(2)(B) and THSC, §341.033(d), by failing to collect
routine water samples for bacteriological analysis and for failing to post
public notification; PENALTY: $788; ENFORCEMENT COORDINATOR: Amanda King-Zrubek,
(512) 239-0824; REGIONAL OFFICE: 3918 Canyon Drive, Amarillo, Texas 79109-4933,
(806) 353-9251.
(17) COMPANY: Horse Heaven Stables, Inc. dba Ms. Agnes Cafe; DOCKET NUMBER:
2005-1754-PWS-E; IDENTIFIER: RN101244127; LOCATION: Richmond, Fort Bend County,
Texas; TYPE OF FACILITY: outdoor restaurant with a public water supply; RULE
VIOLATED: 30 TAC §290.109(c)(2)(A)(i) and §290.122(c)(2)(B) and
THSC, §341.033(d), by failing to collect and submit monthly water samples
for bacteriological analysis and failing to provide public notification; PENALTY:
$1,200; ENFORCEMENT COORDINATOR: Amanda King-Zrubek, (512) 239-0824; REGIONAL
OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(18) COMPANY: IGA Foodliner of Jacksboro, Texas, Inc.; DOCKET NUMBER: 2005-1712-PST-E;
IDENTIFIER: RN101857605; LOCATION: Jacksboro, Jack 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: $640; ENFORCEMENT COORDINATOR: Chad Blevins, (512) 239-6017;
REGIONAL OFFICE: 1977 Industrial Boulevard, Abilene, Texas 79602-7833, (915)
698-9674.
(19) COMPANY: Frank A. Daugherty Trust dba Indian Springs Water Company;
DOCKET NUMBER: 2005-1122-PWS-E; IDENTIFIER: RN101652386; LOCATION: Mount Vernon,
Franklin County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED:
30 TAC §290.109(c)(2)(A)(i) and §290.122(c)(2)(B) and THSC, §341.033(d),
by failing to collect routine bacteriological samples and failing to issue
public notice; PENALTY: $2,800; ENFORCEMENT COORDINATOR: Michael Meyer, (512)
239-4492; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3756, (903)
535-5100.
(20) COMPANY: Jim Wells County; DOCKET NUMBER: 2005-1398-MLM-E; IDENTIFIER:
RN104633565; LOCATION: near Ben Bolt, Jim Wells County, Texas; TYPE OF FACILITY:
unauthorized municipal solid waste (MSW) disposal site; RULE VIOLATED: 30
TAC §330.4, by failing to obtain authorization prior to any activity
of storage, processing, or disposal of MSW; and 30 TAC §111.201 and THSC, §382.085(b),
by failing to comply with the general outdoor burning prohibition; PENALTY:
$1,440; ENFORCEMENT COORDINATOR: Howard Willoughby, (361) 825-3100; REGIONAL
OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5503, (361)
825-3100.
(21) COMPANY: K-T Galvanizing Company, Inc.; DOCKET NUMBER: 2005-1863-AIR-E;
IDENTIFIER: RN100578368; LOCATION: Venus, Johnson County, Texas; TYPE OF FACILITY:
zinc fabricated steel products; RULE VIOLATED: 30 TAC §116.115(b) and
(c), New Source Review Permit Number 39567, and THSC, §382.085(b), by
failing to have emission capture and abatement equipment working during operation
and by failing to measure the acid concentrations in four hydrochloric acid
tanks; PENALTY: $7,200; ENFORCEMENT COORDINATOR: David Flores, (512) 239-1165;
REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(22) COMPANY: City of Lytle; DOCKET NUMBER: 2005-1800-MWD-E; IDENTIFIER:
RN102327020; LOCATION: Lytle, Atascosa County, Texas; TYPE OF FACILITY: wastewater
treatment; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number 10096001,
and the Code, §26.121(a), by failing to comply with the permitted effluent
limits for TSS; PENALTY: $7,584; ENFORCEMENT COORDINATOR: Brent Hurta, (512)
239-6589; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480,
(210) 490-3096.
(23) COMPANY: Noor Suteria dba M & S Kountry Grocery; DOCKET NUMBER:
2005-1343-PST-E; IDENTIFIER: RN102839644; LOCATION: Point Blank, San Jacinto
County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline;
RULE VIOLATED: 30 TAC §334.50(b)(1)(A) and (2)(A)(i)(III) and the Code, §26.3475(c)(1),
by failing to monitor the USTs for releases and by failing to successfully
test the line leak detectors; and 30 TAC §334.45(c)(3)(A), by failing
to have an operational sheer valve for pressurized piping; PENALTY: $11,200;
ENFORCEMENT COORDINATOR: Audra Ruble, (361) 825-3100; REGIONAL OFFICE: 3870
Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.
(24) COMPANY: Manville Water Supply Corporation; DOCKET NUMBER: 2005-1435-MLM-E;
IDENTIFIER: RN101271088; LOCATION: Coupland, Williamson County, Texas; TYPE
OF FACILITY: retail public utility with a pump station; RULE VIOLATED: 30
TAC §290.42(i) and §305.42 and the Code, §26.121(a), by failing
to obtain a discharge permit prior to the discharge of backwash wastewater
from the facility; PENALTY: $6,240; ENFORCEMENT COORDINATOR: Audra Ruble,
(361) 825-3100; REGIONAL OFFICE: 1921 Cedar Bend Drive, Suite 150, Austin,
Texas 78758-5336, (512) 339-2929.
(25) COMPANY: City of Munday; DOCKET NUMBER: 2004-0156-MWD-E; IDENTIFIER:
TPDES Permit Number 10228-002, RN103016192; LOCATION: Munday, Knox County,
Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1)
and (5), §319.11, and TPDES Permit Number 10228-002, by failing to accurately
determine loading calculations reported on the discharge monitoring reports,
by failing to maintain the growth of cattails in the wastewater treatment
ponds, by failing to comply with its permitted effluent limits for dissolved
oxygen (DO), pH, TSS, and biochemical oxygen demand, by failing to submit
noncompliance notifications for effluent violations, and by failing to furnish
certification to the regional office by a Texas licensed professional engineer
that the completed pond lining meets the appropriate criteria; 30 TAC §319.11(b)
and TPDES Permit Number 10228-002, by failing to meet the 15-minute hold time
established for measuring pH; and 30 TAC §319.7(a)(1) and TPDES Permit
Number 10228-001, by failing to document the analysis time for DO measurements;
PENALTY: $16,129; ENFORCEMENT COORDINATOR: Pamela Campbell, (512) 239-4493;
REGIONAL OFFICE: 1977 Industrial Boulevard, Abilene, Texas 79602-7833, (915)
698-9674.
(26) COMPANY: City of Nocona; DOCKET NUMBER: 2005-1857-MWD-E; IDENTIFIER:
RN102181591; LOCATION: Nocona, Montague County, Texas; TYPE OF FACILITY: wastewater
treatment; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number 10355002,
and the Code, §26.121(a), by failing to comply with permitted effluent
limitations for TSS and flow; PENALTY: $5,664; ENFORCEMENT COORDINATOR: Lynley
Doyen, (512) 239-1364; REGIONAL OFFICE: 1977 Industrial Boulevard, Abilene,
Texas 79602-7833, (915) 698-9674.
(27) COMPANY: North Orange Water & Sewer, L.L.C.; DOCKET NUMBER: 2005-1266-MWD-E;
IDENTIFIER: RN102075058; LOCATION: Orange, Orange County, Texas; TYPE OF FACILITY:
wastewater treatment; RULE VIOLATED: 30 TAC §§305.125(1), (5), and
(7), 305.126(a) and (b), 312.48(1), 319.6, 319.7(a)(5), and 319.11(b), TPDES
Permit Number 13072001, and the Code, §26.121(a), by failing to obtain
authorization to commence construction of the necessary expansion of the treatment
and/or collection facilities, by failing to operate and maintain the facility
to ensure compliance with TSS, by failing to maintain compliance with the
permit effluent limits for TSS and flow, by failing to notify the agency of
effluent violations, by failing to submit annual sludge reports, by failing
to notify the agency of any additions, modifications, and/or expansions to
the facility, by failing to maintain complete pH meter and DO meter calibration
records, by failing to comply with the test procedures for the analysis of
total chlorine residuals, and by failing to conduct the required chlorine
residual quality assurance/quality control tests; and 30 TAC §317.4(a)(7),
by failing to provide an access stairway and walkway with handrails to all
areas where tanks are more than ten feet above the ground; PENALTY: $7,456;
ENFORCEMENT COORDINATOR: Catherine Albrecht, (713) 767-3500; REGIONAL OFFICE:
3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.
(28) COMPANY: Peggy Tiemann dba Phillipsburg Mobile Home Park; DOCKET NUMBER:
2005-1693-PWS-E; IDENTIFIER: RN101450419; LOCATION: Brenham, Washington County,
Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.42(e)(3)(A),
by failing to operate the disinfection equipment to provide continuous and
effective disinfection under all conditions; 30 TAC §290.110(b)(4), by
failing to maintain a minimum free chlorine residual of 0.2 milligrams per
liter; 30 TAC §290.41(c)(3)(K) and (N), by failing to seal the wellhead
with a gasket or sealing compound and by failing to provide a flow measuring
device for each well; 30 TAC §290.46(e)(4)(A), (f), and (m)(4), by failing
to operate the system under the direct supervision of a competent water works
operator holding a Class D or higher operators license, by failing to provide
the public water system's operating records for review during inspections,
by failing to initiate a maintenance program to maintain the general appearance
of the system's facilities and equipment, and by failing to maintain all water
treatment units, storage, and pressure maintenance facilities, distribution
system lines, and related appurtenances in a watertight condition; 30 TAC §290.43(d)(2),
by failing to provide the pressure tank with a pressure release device; 30
TAC §290.45(b)(1)(E)(ii), by failing to provide a pressure tank capacity
of 50 gallons per connection; and 30 TAC §290.51(a)(3) and the Code, §5.702,
by failing to pay the public health service fees; PENALTY: $2,120; ENFORCEMENT
COORDINATOR: Amanda King-Zrubek, (512) 239-0824; REGIONAL OFFICE: 6801 Sanger
Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.
(29) COMPANY: Plains Pipeline, L.P.; DOCKET NUMBER: 2005-1822-AIR-E; IDENTIFIER:
RN100214956; LOCATION: Midland, Midland County, Texas; TYPE OF FACILITY: crude
oil storage and transfer site; RULE VIOLATED: 30 TAC §122.145(2)(B) and
THSC, §382.085(b), by failing to timely submit a semi-annual deviation
report; PENALTY: $2,000; ENFORCEMENT COORDINATOR: Samuel Short, (512) 239-5363;
REGIONAL OFFICE: 3300 North A Street, Building 4, Suite 107, Midland, Texas
79705-5404, (915) 570-1359.
(30) COMPANY: Precision Painting, Inc.; DOCKET NUMBER: 2005-1332-AIR-E;
IDENTIFIER: RN103102083; LOCATION: Robstown, Nueces County, Texas; TYPE OF
FACILITY: surface coating and dry abrasive cleaning; RULE VIOLATED: 30 TAC §116.110(a)
and THSC, §382.085(b) and §382.0518(a), by failing to obtain authority
to operate a source of air emissions; PENALTY: $1,600; ENFORCEMENT COORDINATOR:
Audra Ruble, (361) 825-3100; REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200,
Corpus Christi, Texas 78412-5503, (361) 825-3100.
(31) COMPANY: Amal Dana dba Rivercrest Service Station; DOCKET NUMBER:
2005-1366-PST-E; IDENTIFIER: RN102370582; LOCATION: Fort Worth, Tarrant County,
Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline;
RULE VIOLATED: 30 TAC §115.226(l) and §115.246(1), (6), and (7)(A),
and THSC, §382.085(b), by failing to provide copies of all required Stage
I and Stage II records pertaining to a UST system for inspection; 30 TAC §334.50(a)(1)(A)
and (b)(2)(A)(i)(III) and the Code, §26.3475(a) and (c)(1), by failing
to have a release detection method, by failing to conduct proper release detection,
and by failing to test the line leak detectors on an annual basis; 30 TAC §334.48(c),
by failing to conduct manual or automatic inventory control procedures for
all USTs; 30 TAC §334.8(c)(5)(C), by failing to permanently tag or label
each UST fill tube with the number used to identify the tank; 30 TAC §115.245(2)
and THSC, §382.085(b), by failing to verify proper operation of the Stage
II equipment; and 30 TAC §334.10(b), by failing to maintain the UST records
as required; PENALTY: $6,381; ENFORCEMENT COORDINATOR: Judy Kluge, (817) 588-5800;
REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(32) COMPANY: City of Round Rock; DOCKET NUMBER: 2005-1655-EAQ-E; IDENTIFIER:
RN104608591; LOCATION: Round Rock, Williamson County, Texas; TYPE OF FACILITY:
public works project on the recharge zone of the Edwards Aquifer; RULE VIOLATED:
30 TAC §213.4(a)(1), by failing to receive commission approval of a recharge
exception request application prior to commencing construction; PENALTY: $1,200;
ENFORCEMENT COORDINATOR: Colin Barth, (512) 239-0086; REGIONAL OFFICE: 1921
Cedar Bend Drive, Suite 150, Austin, Texas 78758-5336, (512) 339-2929.
(33) COMPANY: Shannon Medical Center; DOCKET NUMBER: 2005-1939-PST-E; IDENTIFIER:
RN100688829; LOCATION: San Angelo, Tom Green County, Texas; TYPE OF FACILITY:
hospital; RULE VIOLATED: 30 TAC §334.49(c)(2)(C) and the Code, §26.3475(d),
by failing to inspect the cathodic protection system; 30 TAC §334.50(b)(1)(A)
and the Code, §26.3475(c)(1), by failing to monitor USTs for releases;
30 TAC §334.8(c)(4)(A)(vii), (5)(A)(i) and (B)(ii), by failing to timely
renew a previously issued UST delivery certificate and by failing to make
available to a common carrier a valid, current delivery certificate; and 30
TAC §§30.301(b), 334.55(a)(3), and 334.401(a), and the Code, §37.003,
by failing to ensure that an individual supervising the installation, repair,
or removal of a UST holds an on-site supervisor license; PENALTY: $6,992;
ENFORCEMENT COORDINATOR: Shontay Wilcher, (512) 239-2136; REGIONAL OFFICE:
622 South Oakes, Suite K, San Angelo, Texas 76903-7013, (915) 655-9479.
(34) COMPANY: Sid Richardson Pipeline, Limited; DOCKET NUMBER: 2005-1304-AIR-E;
IDENTIFIER: RN100239698; LOCATION: Coyanosa, Pecos County, Texas; TYPE OF
FACILITY: gas plant; RULE VIOLATED: 30 TAC §116.115(c), Air Permit Number
2351A, and THSC, §382.085(b), by failing to maintain the sulfur recovery
unit efficiency limit of 92.5%; PENALTY: $4,978; ENFORCEMENT COORDINATOR:
Suzanne Walrath, (512) 239-2134; REGIONAL OFFICE: 3300 North A Street, Building
4, Suite 107, Midland, Texas 79705-5404, (915) 570-1359.
(35) COMPANY: South Rusk County Water Supply Corporation; DOCKET NUMBER:
2005-2071-PWS-E; IDENTIFIER: RN101393544; LOCATION: Laneville, Rusk County,
Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.113(f)(4)
and THSC, §341.0315(c), by failing to comply with the MCL for total trihalomethanes
(TTHM); PENALTY: $313; ENFORCEMENT COORDINATOR: Howard Willoughby, (361) 825-3100;
REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.
(36) COMPANY: Sparenberg Gin, Inc.; DOCKET NUMBER: 2005-1616-MLM-E; IDENTIFIER:
RN104751458; LOCATION: Lamesa, Dawson County, Texas; TYPE OF FACILITY: unauthorized
industrial solid waste disposal; RULE VIOLATED: 30 TAC §111.201 and §335.2(a)
and THSC, §382.085(b), by allegedly having conducted unauthorized disposal
of cotton burr waste; PENALTY: $1,600 ; ENFORCEMENT COORDINATOR: Trina Grieco,
(210) 490-3096; REGIONAL OFFICE: 3300 North A Street, Building 4, Suite 107,
Midland, Texas 79705-5404, (915) 570-1359.
(37) COMPANY: Wallace Allen Raynor dba Sun Acres Mobile Home Park; DOCKET
NUMBER: 2005-1530-PWS-E; IDENTIFIER: RN101204097; LOCATION: Kilgore, Gregg
County, Texas; TYPE OF FACILITY: ground water treatment plant; RULE VIOLATED:
30 TAC §290.113(f)(4) and THSC, §341.0315(c), by allegedly exceeding
the MCL for TTHM; PENALTY: $318; ENFORCEMENT COORDINATOR: Howard Willoughby,
(361) 825-3100; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3756,
(903) 535-5100.
(38) COMPANY: Hanif Wafia dba Super Stop Texaco; DOCKET NUMBER: 2005-1573-PST-E;
IDENTIFIER: RN10466138; LOCATION: Emory, Rains County, Texas; TYPE OF FACILITY:
convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.49(c)(2)(C)
and (4) and the Code, §26.3475(d), by failing to inspect the cathodic
protection system and by failing to have the corrosion protection equipment
tested for operability and adequacy of protection; 30 TAC §334.50(b)(1)(A)
and the Code, §26.3475(c)(1), by failing to monitor USTs for releases;
30 TAC §334.48(c), by failing to conduct effective manual or automatic
inventory control procedures for all USTs; and 30 TAC §334.45(c)(3)(A),
by failing to properly install and maintain a secure anchor at the base of
each UL-listed emergency shutoff valve in a piping system; PENALTY: $6,800;
ENFORCEMENT COORDINATOR: Shontay Wilcher, (512) 239-2136; REGIONAL OFFICE:
2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.
(39) COMPANY: City of Taft; DOCKET NUMBER: 2005-1831-MWD-E; IDENTIFIER:
RN103124079; LOCATION: Taft, San Patricio County, Texas; TYPE OF FACILITY:
domestic wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1) and
(17), TPDES Permit Number WQ0010705001, and the Code, §26.121(a), by
failing to comply with the permitted effluent limits for ammonia nitrogen
and CBOD and by failing to submit the annual sludge report; PENALTY: $4,416;
ENFORCEMENT COORDINATOR: Brent Hurta, (512) 239-6589; REGIONAL OFFICE: 6300
Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5503, (361) 825-3100.
(40) COMPANY: Gulamali Bharwani dba Texfra; DOCKET NUMBER: 2005-1716-PST-E;
IDENTIFIER: RN103794194; LOCATION: Stephenville, Erath 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: $1,280; ENFORCEMENT COORDINATOR: Kent Heath, (512) 239-4575;
REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
TRD-200600494
Stephanie Bergeron Perdue
Acting Deputy Director, Office of Legal Services
Texas Commission on Environmental Quality
Filed: January 31, 2006
Notice of Agreed Order with Don H. Handley, D.C., dba Handley Chiropractic Center, P.C.
Notice is hereby given that the Department of State Health Services (department)
issued an Agreed Order to the following registrant:
Don H. Handley, D.C., dba Handley Chiropractic Center, P.C. (registration
#R04079-000) of San Antonio. A total penalty of $2,000 shall be paid by registrant
for violations of 25 Texas Administrative Code, Chapter 289. The registrant
shall 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-200600545
Cathy Campbell
General Counsel
Department of State Health Services
Filed: February 1, 2006
Pursuant to 25 Texas Administrative Code, §289.205, the Department
of State Health Services (department), filed complaints against the following
x-ray machine or laser registrants: James B. St. Louis, D.D.S., Fort Worth,
R11183; Desoto Family Medicine, De Soto, R14113; Thomas Ball, D.D.S., San
Juan, R14150; Clifford Charles Seidel, M.D., P.A., Dallas, R17774; Harrill
Calhoun Chiropractic Center PC, Austin, R17905; Cameron Hospital Inc., Cameron,
R18248; The Chiropractic Health Center, Flower Mound, R19711; Lone Star Chiropractic,
Lubbock, R20471; Keller Family Chiropractic Associates, P.C., Keller, R24052;
Corinthian Schools, Inc., Houston, R25596; Laboratory, Consultants, and Marine
Surveyors, Houston, R26870; Dynamic Xray, Inc., Garland, R27012; Bank of America,
Houston, R27554; Philip A. Hicks, D.D.S., RPH, P.A., Houston, R27659; Bread
of Life Inc., Houston, R27698; David M. Greenfield, D.D.S., P.A., Houston,
R28546; Austin Orthopaedics Spine & Sports Medicine Associates, Austin,
R28644; High Tech Institute Inc., Irving, R28646; Mark D. Barnett, D.D.S.,
P.A., Carrollton, R28647; Parsi Investments Inc., Dallas, Z01587.
The complaints allege that these registrants have failed to pay required
annual fees. The department intends to revoke the certificates of registration;
order the registrants to cease and desist use of radiation machine(s); order
the registrants to divest themselves of such equipment; and order the registrants
to present evidence satisfactory to the department that they have complied
with the orders and the provisions of the Texas Health and Safety Code, Chapter
401. If the fee is paid within 30 days of the date of each complaint, the
department will not issue an order.
This notice affords the opportunity to the registrants for a hearing to
show cause why the certificates of registration should not be revoked. A written
request for a hearing must be received by the department within 30 days from
the date of service of the complaint to be valid. Such written request must
be filed with Richard A. Ratliff, P.E., Radiation Program Officer, 1100 West
49th Street, Austin, Texas 78756-3189. Should no request for a public hearing
be timely filed or if the fee is not paid, the certificates of registration
will be revoked at the end of the 30-day period of notice.
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-200600523
Cathy Campbell
General Counsel
Department of State Health Services
Filed: February 1, 2006
Pursuant to 25 Texas Administrative Code, §289.205, the Department
of State Health Services (department), filed complaints against the following
licensees: Texas NDT Company, Pasadena, L05089; and Healthmont of Texas I
LLC, San Benito, L04567.
The complaints allege that these licensees have failed to pay required
annual fees. The department intends to revoke the radioactive material licenses;
order the licensees to cease and desist use of such radioactive materials;
order the licensees to divest themselves of the radioactive material; and
order the licensees to present evidence satisfactory to the department that
they have complied with the orders and the provisions of the Texas Health
and Safety Code, Chapter 401. If the fee is paid within 30 days of the date
of each complaint, the department will not issue an order.
This notice affords the opportunity to the licensees for a hearing to show
cause why the radioactive material licenses should not be revoked. A written
request for a hearing must be received by the department within 30 days from
the date of service of the complaint to be valid. Such written request must
be filed with Richard A. Ratliff, P.E., Radiation Program Officer, 1100 West
49th Street, Austin, Texas 78756-3189. Should no request for a public hearing
be timely filed or if the fee is not paid, the radioactive material licenses
will be revoked at the end of the 30-day period of notice.
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-200600522
Cathy Campbell
General Counsel
Department of State Health Services
Filed: February 1, 2006
The Department of State Health Services (department) will hold a public
hearing to take public comments on the Texas Mental Health Crisis Services
System for the purposes of identifying, establishing, and maintaining quality
crisis services statewide.
The hearing will be from 3:30 p.m. to 8:30 p.m., February 15, 2006, at
909 West 45th Street, Building 2, Public Hearing Auditorium, Room 164, Austin,
Texas.
Further information may be obtained from Gloria Ratley of the department's
Mental Health and Substance Abuse Services, gloria.ratley@dshs.state.tx.us,
telephone (512) 206-5816. Persons requiring ADA assistance, may contact Gloria
Ratley (512) 206-5816 or T.D.D. (512) 206-5330 at least four business days
prior to the meeting.
TRD-200600544
Cathy Campbell
General Counsel
Department of State Health Services
Filed: February 1, 2006
Hurricane Rita - Texas Bootstrap Loan Program Notice of Funding Availability
This is an update to the Notice of Funding Availability (NOFA) posted in
the
Texas Register
on December 30, 2005 (30
TexReg 9054-9056). The Texas Department of Housing and Community Affairs (TDHCA/the
Department), through its Office of Colonia Initiatives (OCI), is pleased to
announce that it will make available approximately One Million Eight Hundred
Thousand Dollars ($1,800,000) utilizing the State of Texas Housing Trust Fund
to organizations assisting individuals or families that were victims of Hurricane
Rita to purchase or refinance real property on which to build new residential
housing or improve existing residential housing through self-help construction
for very low and extremely low income individuals and families (Owner-Builders),
including persons with special needs. We believe it is important to spread
these funds in a fair manner that ensures they are deployed quickly and administered
easily. We need to ensure these dedicated funds are distributed to all affected
areas, but will target a higher proportion to those areas most directly and
extensively impacted by Hurricane Rita.
Organizations working in the following counties that have been determined
to be in a Federal Disaster Area due to Hurricane Rita are eligible to apply.
This NOFA has been amended to add Brazoria, Fort Bend, Galveston, Harris,
and Montgomery Counties.
Angelina
Brazoria
Chambers
Fort Bend
Galveston
Hardin
Harris
Jasper
Jefferson
Liberty
Montgomery
Nacogdoches
Newton
Orange
Polk
Sabine
San Augustine
San Jacinto
Shelby
Trinity
Tyler
Walker
FAXED APPLICATIONS WILL NOT BE ACCEPTED.
All interested parties are encouraged to participate in this program. Applications
will be available on December 30, 2005. Technical Assistance for this application
will be provided during December 30, 2005 - August 31, 2006. For additional
information, time, or to request an application package, please call Raul
Gonzales with the Office of Colonia Initiatives at (800) 462-4251, check TDHCA’s
web-site at www.tdhca.state.tx.us or e-mail your request to raul.gonzales@tdhca.state.tx.us.
Please direct your applications to:
Texas Department of Housing and Community Affairs
ATTN: Office of Colonia Initiatives
Post Office Box 13941
Austin, Texas 78711-3941
Or by courier to:
221 East 11th Street
Austin, Texas 78701-2410
TRD-200600458
Edwina Carrington
Executive Director
Texas Department of Housing and Community Affairs
Filed: January 27, 2006
Notice is hereby given of a Request for Proposal (RFP) by the Texas Department
of Housing and Community Affairs (TDHCA/Department) for audit services from
qualified firms of certified public accountants to perform annual external
audit functions for the Department.
TDHCA is seeking a commitment in connection with annual audit services
from an independent auditor with work experience and familiarity in taxable
and tax exempt housing bonds and federal grants. The Department is the state's
lead agency responsible for affordable housing, community development and
community assistance programs, and regulation of the state's manufactured
housing industry. TDHCA annually administers funds in excess of $500 million,
the overwhelming majority of which is derived from mortgage revenue bond financing
and refinancing, federal grants and federal tax credits.
Proposals in response to this RFP must be submitted by March 31, 2006,
5:00 p.m., Austin Texas time.
The RFP will be available in the Texas Marketplace which can be accessed
at www.marketplace.state.tx.us. Any questions regarding this RFP should be
directed to Julie Dumbeck by e-mail at julie.dumbeck@tdhca.state.tx.us or
by phone at (512) 475-3991.
TRD-200600543
Edwina Carrington
Executive Director
Texas Department of Housing and Community Affairs
Filed: February 1, 2006
Company Licensing
Application for incorporation to the State of Texas by VALLEY BAPTIST HEALTH
PLAN, INC., under the assumed name VALLEY BAPTIST HEALTH PLANS, a domestic
health maintenance organization. The home office is in Harlingen, Texas.
Application to change the name of TEXAS BURIAL LIFE INSURANCE COMPANY to
FIRST AMERICAN LIFE INSURANCE COMPANY, a domestic life, accident and/or health
company. The home office is in Austin, Texas.
Application for admission to the state of Texas by MIDWEST INSURANCE COMPANY,
a foreign fire and/or casualty company. The home office is in Springfield,
Illinois.
Application to change the name of NATIONAL GRANGE MUTUAL INSURANCE COMPANY
to NGM INSURANCE COMPANY, a foreign fire and/or casualty company. The home
office is in Jacksonville, Florida.
Application for incorporation to the State of Texas by SIERRA TITLE INSURANCE
GUARANTY COMPANY, a domestic title company. The home office is in McAllen,
Texas.
Any objections must be filed with the Texas Department of Insurance, within
twenty (20) calendar days from the date of the
Texas
Register
publication, addressed to the attention of Godwin Ohaechesi,
333 Guadalupe Street, M/C 305-2C, Austin, Texas 78701.
TRD-200600546
Gene C. Jarmon
Chief Clerk and General Counsel
Texas Department of Insurance
Filed: February 1, 2006
Notice is given to the public of the application of the listed small employer
health benefit plan issuer to be a risk-assuming health benefit plan issuer
under §1501.312, Texas Insurance Code. A small employer health benefit
plan issuer is defined by §1501.002(16), Texas Insurance Code, as a health
benefit plan issuer offering, delivering, issuing for delivery, or renewing
health benefit plans subject to Subchapters C - H of Chapter 1501, Texas Insurance
Code. A risk-assuming health benefit plan issuer is defined by §1501.301(4),
Texas Insurance Code, as a small employer health benefit plan issuer that
does not participate in the Texas Health Reinsurance System. The following
small employer health benefit plan issuer has applied to be a risk-assuming
health benefit plan issuer:
Federated Mutual Insurance Company
The application is subject to public inspection at the offices of the Texas
Department of Insurance, Legal & Compliance Division - Archie Clayton,
333 Guadalupe, Tower I, Room 860, Austin, Texas.
If you wish to comment on the application of Federated Mutual Insurance
Company to be a risk-assuming health benefit plan issuer, you must submit
your written comments within 60 days after publication of this notice in the
TRD-200600489
Gene C. Jarmon
Chief Clerk and General Counsel
Texas Department of Insurance
Filed: January 30, 2006
Instant Game Number 619 "Lucky Times 7"
1.0 Name and Style of Game.
A. The name of Instant Game No. 619 is "LUCKY TIMES 7". The play style
is "key number match with auto win".
1.1 Price of Instant Ticket.
A. Tickets for Instant Game No. 619 shall be $2.00 per ticket.
1.2 Definitions in Instant Game No. 619.
A. Display Printing - That area of the instant game ticket outside of the
area where the Overprint and Play Symbols appear.
B. Latex Overprint - The removable scratch-off covering over the Play Symbols
on the front of the ticket.
C. Play Symbol - The printed data under the latex on the front of the instant
ticket that is used to determine eligibility for a prize. Each Play Symbol
is printed in Symbol font in black ink in positive except for dual-image games.
The possible black play symbols are: 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12,
13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31,
32, 33, 34, 35, 36, 37, 38, 39, 40, 1X, 2X, 3X, 4X, 5X, 6X, 7X, $1.00, $2.00,
$3.00, $5.00, $7.00, $10.00, $15.00, $20.00, $30.00, $35.00, $40.00, $50.00,
$60.00, $70.00, $100, $250, $280, $500, $1,500, and $25,000.
D. Play Symbol Caption - The printed material appearing below each Play
Symbol which explains the Play Symbol. One caption appears under each Play
Symbol and is printed in caption font in black ink in positive. The Play Symbol
Caption which corresponds with and verifies each Play Symbol is as follows:
E. Retailer Validation Code - Three (3) letters found under the removable
scratch-off covering in the play area, which retailers use to verify and validate
instant winners. 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, $3.00, $5.00, $7.00, $10.00, $15.00,
or $20.00.
H. Mid-Tier Prize - A prize of $35.00, $50.00, $70.00, $100, or $280.
I. High-Tier Prize- A prize of $1,500 or $25,000.
J. Bar Code - A 22 (twenty-two) character interleaved two (2) of five (5)
bar code which will include a three (3) digit game ID, the seven (7) digit
pack number, the three (3) digit ticket number, and the nine (9) digit Validation
Number. The bar code appears on the back of the ticket.
K. Pack-Ticket Number - A 13 (thirteen) digit number consisting of the
three (3) digit game number (619), a seven (7) digit pack number, and a three
(3) digit ticket number. Ticket numbers start with 001 and end with 125 within
each pack. The format will be: 619-0000001-001.
L. Pack - A pack of "LUCKY TIMES 7" Instant Game tickets contains 125 tickets,
packed in plastic shrink-wrapping and fanfolded in pages of one (1). There
will be two (2) fanfold configurations for this game. Configuration A will
show the front of ticket 001 and the back of ticket 125. Configuration B will
show the back of ticket 001 and the front of ticket 125. Please note the books
will be in a A- B configuration.
M. Non-Winning Ticket - A ticket which is not programmed to be a winning
ticket or a ticket that does not meet all of the requirements of these Game
Procedures, the State Lottery Act (Texas Government Code, Chapter 466), and
applicable rules adopted by the Texas Lottery pursuant to the State Lottery
Act and referenced in 16 TAC Chapter 401.
N. Ticket or Instant Game Ticket, or Instant Ticket - A Texas Lottery "LUCKY
TIMES 7" Instant Game No. 619 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 "LUCKY TIMES
7" Instant Game is determined once the latex on the ticket is scratched off
to expose 37 (thirty-seven) Play Symbols. If the player finds the YOUR LUCKY
NUMBER play symbol in any game 1 (one) thru 7 (seven), the player wins the
prize shown for that game. The player then scratches the BONUS BOX for a chance
to win up to 7 (seven) times the amount won on the ticket. 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 37 (thirty-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 37 (thirty-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 37 (thirty-seven) Play Symbols must be exactly one of those
described in Section 1.2.C of these Game Procedures;
17. Each of the 37 (thirty-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. A ticket may win up to 7 (seven) times.
C. No duplicate non-winning prize symbols on a ticket.
D. No more than one win in each game.
E. No duplicate non-winning GAME 1 (one) through 7 (seven) play symbols
on a ticket.
F. The BONUS BOX play symbols (2X through 7X) will appear only on intended
winning tickets as dictated by the prize structure.
2.3 Procedure for Claiming Prizes.
A. To claim a "LUCKY TIMES 7" Instant Game prize of $2.00, $3.00, $5.00,
$7.00, $10.00, $15.00, $20.00, $35.00, $50.00, $70.00, $100, or $280, 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 $35.00, $50.00, $70.00, $100, or $280 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 "LUCKY TIMES 7" Instant Game prize of $1,500 or $25,000,
the claimant must sign the winning ticket and present it at one of the Texas
Lottery’s Claim Centers. If the claim is validated by the Texas Lottery,
payment will be made to the bearer of the validated winning ticket for that
prize upon presentation of proper identification. When paying a prize of $600
or more, the Texas Lottery shall file the appropriate income reporting form
with the Internal Revenue Service (IRS) and shall withhold federal income
tax at a rate set by the IRS if required. In the event that the claim is not
validated by the Texas Lottery, the claim shall be denied and the claimant
shall be notified promptly.
C. As an alternative method of claiming a "LUCKY TIMES 7" 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
of Public Accounts, the Texas Workforce Commission, or the Texas Alcoholic
Beverage Commission;
2. delinquent in making child support payments administered or collected
by the Office of the Attorney General;
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 "LUCKY TIMES
7" 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 "LUCKY TIMES 7" 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, §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 8,160,000
tickets in the Instant Game No. 619. 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. 619 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. 619,
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-200600492
Kimberly L. Kiplin
General Counsel
Texas Lottery Commission
Filed: January 30, 2006
1.0 Name and Style of Game.
A. The name of Instant Game No. 631 is "INSTANT KENO". The play style is
"key number match".
1.1 Price of Instant Ticket.
A. Tickets for Instant Game No. 631 shall be $2.00 per ticket.
1.2 Definitions in Instant Game No. 631.
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: 01, 02, 03, 04, 05, 06, 07, 08, 09, 10,
11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29,
30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48,
49, 50, 51, 52, 53, 54, 55, 56, 57, 58, 59, 60, 61, 62, 63, 64, 65, 66, 67,
68, 69, 70, 71, 72, 73, 74, 75, 76, 77, 78, 79, and 80.
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, $5.00, $10.00, $15.00, or $20.00.
H. Mid-Tier Prize - A prize of $30.00, $50.00 or $100.
I. High-Tier Prize- A prize of $1,000 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 (631), a seven (7) digit pack number, and a three
(3) digit ticket number. Ticket numbers start with 001 and end with 125 within
each pack. The format will be: 631-0000001-001.
L. Pack - A pack of "INSTANT KENO" Instant Game tickets contains 125 tickets,
packed in plastic shrink-wrapping and fanfolded in pages of two (2). Tickets
001 will be shown on the front of the pack; the back of ticket 125 will be
revealed on the back of the pack. All packs will be tightly shrink-wrapped.
There will be no breaks between the tickets in a pack. Every other book will
reverse i.e., reverse order will be: the back of ticket 001 will be shown
on the front of the pack and the front of ticket 125 will be shown on the
back of the pack.
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 "INSTANT
KENO" Instant Game No. 631 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 "INSTANT
KENO" Instant Game is determined once the latex on the ticket is scratched
off to expose 42 (forty-two) Play Symbols. Scratch to reveal numbers on the
KENO BOARD. Then scratch only the numbers in Games 1 to 6 that match the numbers
revealed on the KENO BOARD. The player wins prize in the corresponding legend
for numbers matched in each game. Only one prize paid per winning game. Players
can win up to six (6) times on a ticket. 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 42 (forty-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 42 (forty-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 42 (forty-two) Play Symbols must be exactly one of those
described in Section 1.2.C of these Game Procedures;
17. Each of the 42 (forty-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. A ticket will win as indicated by the prize structure.
B. A ticket can win up to six (6) times and only once per Game.
C. Adjacent tickets in a pack will not have identical patterns.
D. The Keno Board will contain sixteen (16) numbers.
E. The numbers will never appear in numerical order (ascending or descending)
when reading by row or column.
F. On all tickets, the six (6) Games will contain the following:
(a) Game 1- will contain 1 number
(b) Game 2- will contain 2 numbers
(c) Game 3- will contain 3 numbers
(d) Game 4- will contain 4 numbers
(e) Game 5- will contain 6 numbers
(f) Game 6- will contain 10 numbers
G. The numbers are to be listed in numerical order from left to right and
top to bottom in each Game. There is no sequential relationship between Games.
H. The numbers in each Game (1 through 6) will range from 01 to 80. A number
will never appear more than once within or across Games 1 to 6.
I. The Prize Legends for each Game as they appear on the front of the ticket
are as follows:
J. Games 5 and 6 will always have a minimum of two (2) numbers opened.
2.3 Procedure for Claiming Prizes.
A. To claim an "INSTANT KENO" Instant Game prize of $2.00, $5.00, $10.00,
$15.00, $20.00, $30.00, $50.00, or $100, 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 $30.00, $50.00 or $100 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 an "INSTANT KENO" Instant Game prize of $1,000 or $25,000,
the claimant must sign the winning ticket and present it at one of the Texas
Lottery’s Claim Centers. If the claim is validated by the Texas Lottery,
payment will be made to the bearer of the validated winning ticket for that
prize upon presentation of proper identification. When paying a prize of $600
or more, the Texas Lottery shall file the appropriate income reporting form
with the Internal Revenue Service (IRS) and shall withhold federal income
tax at a rate set by the IRS if required. In the event that the claim is not
validated by the Texas Lottery, the claim shall be denied and the claimant
shall be notified promptly.
C. As an alternative method of claiming an "INSTANT KENO" 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
of Public Accounts, the Texas Workforce Commission, or the Texas Alcoholic
Beverage Commission;
2. delinquent in making child support payments administered or collected
by the Office of the Attorney General;
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 "INSTANT KENO"
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 "INSTANT KENO" 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, §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 7,920,000
tickets in the Instant Game No. 631. 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. 631 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. 631,
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-200600493
Kimberly L. Kiplin
General Counsel
Texas Lottery Commission
Filed: January 31, 2006
Announcement of Application for State-Issued Certificate of Franchise Authority
The Public Utility Commission of Texas (commission) received an application
on January 25, 2006, for a state-issued certificate of franchise authority
(CFA), pursuant to Public Utility Regulatory Act (PURA) §§66.001
- 66.016. A summary of the application follows.
Project Title and Number: Application of Time Warner Entertainment-Advance/Newhouse
Partnership d/b/a Time Warner Cable for a State-Issued Certificate of Franchise
Authority, Project Number 32325 before the Public Utility Commission of Texas.
Applicant intends to provide cable service. The requested CFA service includes
area within the boundaries of the City of Temple, Texas, including any future
annexations.
Information on the application may be obtained by contacting the Public
Utility Commission of Texas by mail at P. O. Box 13326, Austin, Texas 78711-3326,
or by phone at (512) 936-7120 or toll free at 1-888-782-8477. Hearing and
speech-impaired individuals with text telephone (TTY) may contact the commission
at (512) 936-7136 or toll free at 1-800-735-2989. All inquiries should reference
Project Number 32325.
TRD-200600453
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: January 27, 2006
The Public Utility Commission of Texas (commission) received an application
on January 26, 2006, for a state-issued certificate of franchise authority
(CFA), pursuant to §§66.001 - 66.016 of the Public Utility Regulatory
Act (PURA). A summary of the application follows.
Project Title and Number: Application of Marcus Cable Associates, L.L.C.
d/b/a Charter Communications for a State-Issued Certificate of Franchise Authority,
Project Number 32331 before the Public Utility Commission of Texas.
Applicant intends to provide cable service. The requested CFA service area
includes all or portions of the following municipalities as described: City
of Hurst, City of Richland Hills, City of University Park, and the Town of
Westlake.
Information on the application may be obtained by contacting the Public
Utility Commission of Texas by mail at P. O. Box 13326, Austin, Texas 78711-3326,
or by phone at (512) 936-7120 or toll free at 1-888-782-8477. Hearing and
speech-impaired individuals with text telephone (TTY) may contact the commission
at (512) 936-7136 or toll free at 1-800-735-2989. All inquiries should reference
Project Number 32331.
TRD-200600498
Adriana Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: January 31, 2006
The Public Utility Commission of Texas (commission) received applications
on January 27, 2006, for state-issued certificates of franchise authority
(CFA), pursuant to §§66.001 - 66.016 of the Public Utility Regulatory
Act (PURA). A summary of the applications follows.
Project Title and Number: Application of Northland Cable Ventures LLC for
a State-Issued Certificate of Franchise Authority, Project Number 32338 and
Project Number 32339 before the Public Utility Commission of Texas.
Applicant intends to provide cable service. The requested CFA service area
is within the municipal boundaries of the State of Texas cities and/or towns
of: Hillsboro, Lamesa, and Tyler. Also, the unincorporated area of Smith County,
Texas known as the Lake Tyler area, and within the boundaries of the City
of Llano, Texas and surrounding areas.
Information on the application may be obtained by contacting the Public
Utility Commission of Texas by mail at P. O. Box 13326, Austin, Texas 78711-3326,
or by phone at (512) 936-7120 or toll free at 1-888-782-8477. Hearing and
speech-impaired individuals with text telephone (TTY) may contact the commission
at (512) 936-7136 or toll free at 1-800-735-2989. All inquiries should reference
Project Numbers 32338/32339.
TRD-200600502
Adriana Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: January 31, 2006
The Public Utility Commission of Texas received applications on January
27, 2006, for state- issued certificates of franchise authority (CFA), pursuant
to §§66.001 - 66.016 of the Public Utility Regulatory Act (PURA).
A summary of the application follows.
Project Title and Number: Application of Northland Cable Ventures LLC for
a State-Issued Certificate of Franchise Authority, Project Number 32338 and
Project Number 32339 before the Public Utility Commission of Texas.
Applicant intends to provide cable service. The requested CFA service area
is within the municipal boundaries of the State of Texas cities and/or towns
of: Hillsboro, Lamesa and Tyler. Also, the unincorporated area of Smith County,
Texas known as the Lake Tyler area, and within the boundaries of the City
of Llano, Texas and surrounding areas.
Information on the application may be obtained by contacting the Public
Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326,
or by phone at (512) 936-7120 or toll free at 1-888-782-8477. Hearing and
speech-impaired individuals with text telephone (TTY) may contact the commission
at (512) 936-7136 or toll free at 1-800-735-2989. All inquiries should reference
Project Numbers 32338/32339.
TRD-200600503
Adriana Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: January 31, 2006
The Public Utility Commission of Texas (commission) received an application
on January 26, 2006, to amend a state-issued certificate of franchise authority
(CFA), pursuant to §§66.001 - 66.016 of the Public Utility Regulatory
Act (PURA). A summary of the application follows.
Project Title and Number: Application of Texas and Kansas City Cable Partners,
L.P. d/b/a Time Warner Cable to Amend its State-Issued Certificate of Franchise
Authority, Project Number 32330 before the Public Utility Commission of Texas.
Information on the application may be obtained by contacting the Public
Utility Commission of Texas by mail at P. O. Box 13326, Austin, Texas 78711-3326,
or by phone at (512) 936-7120 or toll free at 1-888-782-8477. Hearing and
speech-impaired individuals with text telephone (TTY) may contact the commission
at (512) 936-7136 or toll free at 1-800-735-2989. All inquiries should reference
Project Number 32330.
TRD-200600497
Adriana Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: January 31, 2006
Notice is given to the public of petition for approval of fuel-related
provisions of rate agreement filed with the Public Utility Commission of Texas
on January 17, 2006.
Docket Style and Number: Petition of El Paso Electric Company and the City
of El Paso for Approval of Fuel-Related Provisions of Rate Agreement. Docket
Number 32289.
The Application: El Paso Electric Company (EPE) and the City of El Paso
(City) filed a petition with the Public Utility Commission of Texas (commission)
for approval of fuel-related provisions of the Rate Agreement entered into
by the City and EPE. Alternatively, EPE and the City request a good cause
exception to P.U.C. Substantive Rule 25.236 to implement the fuel-related
provisions of the Rate Agreement. The Proposed Rate Agreement, in effect on
July 1, 2005, extends the existing base rate freeze within the City of El
Paso and the treatment of certain fuel-related costs and expenses previously
established in the Agreed Order and Stipulation (Stipulation) in Docket Number
12700,
Application of El Paso Electric Co. for Authority
to Change Rates and for Approval of Reacquisition of Palo Verde Leased Assets
(Aug. 30, 1995). The Stipulation adopted in Docket Number 12700 required
EPE to reconcile its fuel and purchased power costs according to Commission
Substantive Rules in effect on July 1, 1995, required that EPE share wheeling
revenues and margins on off-system sales with its Texas customers, and continued
performance standards for the Palo Verde Nuclear Generating Station.
Persons who wish to intervene in the proceeding or comment upon the action
sought should contact the Public Utility Commission of Texas, P. O. Box 13326,
Austin, Texas 78711-3326, or call the Commission's Office of Customer Protection
at (512) 936-7120 or (888) 782-8477. Hearing and speech-impaired individuals
with text telephones (TTY) may contact the commission at (512) 936-7136 or
use Relay Texas (toll-free) 1-800-735-2989. All correspondence should refer
to Docket Number 32289.
TRD-200600519
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: January 31, 2006
Notice is given to the public of the filing with the Public Utility Commission
of Texas of an application on January 27, 2006, for retail electric provider
(REP) certification, pursuant to §§39.101 - 39.109 of the Public
Utility Regulatory Act (PURA). A summary of the application follows.
Docket Title and Number: Application of Glacial Energy of Texas, Inc. for
Retail Electric Provider (REP) Certification, Docket Number 32342 before the
Public Utility Commission of Texas.
Applicant's requested service area by geography includes the entire State
of Texas.
Persons wishing to comment upon the action sought should contact the Public
Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326,
or by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than
February 17, 2006. 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 32342.
TRD-200600504
Adriana Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: January 31, 2006
On January 27, 2006, AT&T filed an application with the Public Utility
Commission of Texas (commission) to amend its certificate of operating authority
(COA) granted in COA Certificate Number 50005. Applicant intends to reflect
a change in service area to include the Bulverde exchange served by Guadalupe
Valley Telephone Cooperative, Inc.
The Application: Application of AT&T for an Amendment to its Certificate
of Operating Authority, Docket Number 32345.
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
February 15, 2006. 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 32345.
TRD-200600505
Adriana Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: January 31, 2006
On January 27, 2006, Granite Telecommunications, LLC filed an application
with the Public Utility Commission of Texas (commission) to amend its service
provider certificate of operating authority (SPCOA) granted in SPCOA Certificate
Number 60559. Applicant intends to reflect a change in service area to include
the current operating service territory of CenturyTel of Port Aransas, CenturyTel
of San Marcos, Inc. and CenturyTel of Lake Dallas, Inc., and United Telephone
Company of Texas, Inc. and Central Telephone Company of Texas d/b/a Sprint.
The Application: Application of Granite Telecommunications, LLC for an
Amendment to its Service Provider Certificate of Operating Authority, Docket
Number 32341.
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
February 15, 2006. 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 32341.
TRD-200600506
Adriana Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: January 31, 2006
Notice is given to the public of the filing with the Public Utility Commission
of Texas (commission) an application on January 24, 2006, for a certificate
of convenience and necessity for a proposed transmission line in Webb County,
Texas.
Docket Style and Number: Application of AEP Texas Central Company (TCC)
for a Certificate of Convenience and Necessity (CCN) for a Proposed Transmission
Line in Webb County, Texas. Docket Number 32172.
The Application: The new 138 kV transmission line will originate at the
existing TCC Wormser Switch Station, and the transmission line ending point
is at the new Sierra Vista Substation located within Webb County. The miles
of right-of-way for this project will be approximately 3 miles. The estimated
cost for the project is $3,241,000, with an estimated completion date of October
1, 2006.
Persons wishing to intervene or 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.
The deadline for intervention in this proceeding is March 10, 2006. Hearing
and speech-impaired individuals with text telephone (TTY) may contact the
commission at (512) 936-7136 or use Relay Texas (toll-free) 1-800-735- 2989.
All comments should reference Docket Number 32172.
TRD-200600454
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: January 27, 2006
Notice is given to the public of the filing with the Public Utility Commission
of Texas (commission) of an application filed on January 27, 2006, for an
amendment to certificated service area boundaries within Cameron County, Texas.
Docket Style and Number: Application of the Brownsville Public Utilities
Board (BPUB) to Amend a Certificate of Convenience and Necessity for Service
Area Boundaries within Cameron County (International Logistic Business Park).
Docket Number 32340.
The Application: The application encompasses an area of land which is singly
certificated to American Electric Power Company (AEP), formerly known as Central
Power & Light (CP&L), and is within the corporate limits of the City
of Brownsville. BPUB received a letter request from G & R Industrial Facilities,
L.L.C. requesting BPUB to provide electric utility service to a 110.291-acre
business park. The estimated cost to BPUB to provide service to this proposed
area is $137,840.00. The area is presently undeveloped. If the application
is granted, the area would be dually certificated for electric service.
Persons wishing to comment on the action sought should contact the Public
Utility Commission of Texas no later than February 17, 2006, by mail at P.
O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll-free
at 1-888-782-8477. Hearing and speech-impaired individuals with text telephone
(TTY) may contact the commission at (512) 936-7136 or use Relay Texas (toll-free)
1-800-735-2989. All comments should reference Docket Number 32340.
TRD-200600500
Adriana Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: January 31, 2006
Notice is given to the public of the filing with the Public Utility Commission
of Texas (commission) of an application filed on January 26, 2006, for an
amendment to certificated service area boundaries within Maverick County,
Texas.
Docket Style and Number: Joint Application of Rio Grande Electric Cooperative,
Inc. (RGEC) and AEP Texas Central Company (TCC) for a Certificate of Convenience
and Necessity for Service Area Boundaries within Maverick County. Docket Number
32335.
The Application: Lewis Farms Estates Unit #3 lies partially within RGEC's
service area and the remainder is in TCC's service area. The proposed boundary
change will transfer a portion of service area from TCC to RGEC in order that
only one company will have electric distribution facilities in its certificated
portion of the Lewis Farm Estates Unit #3 Subdivision. None of the affected
lots have been sold to individual consumers.
Persons wishing to comment on the action sought or intervene should contact
the Public Utility Commission of Texas no later than February 17, 2006 by
mail at P. O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120
or toll-free at 1-888-782-8477. Hearing and speech-impaired individuals with
text telephone (TTY) may contact the commission at (512) 936-7136 or use Relay
Texas (toll-free) 1-800-735-2989. All comments should reference Docket Number
32335.
TRD-200600499
Adriana Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: January 31, 2006
The staff of the Public Utility Commission of Texas (commission) request
comment regarding a strawman rule which revises the existing assessment rule
to reflect the current assessment methodology adopted by the commission in
Docket Number 21208 (see Docket No. 21208, Order Regarding TUSF Assessment
of Intrastate Telecommunications Services Receipts, July 29, 2004). Project
Number 28708,
Proceeding to Amend P.U.C. SUBST. R.
26.420(f)- Assessments for the Texas Universal Service Fund (TUSF)
,
has been established for this proceeding.
On Friday, February 10, 2006, the commission staff shall make available
on its website (http://www.puc.state.tx.us/rules/rulemake/28708/28708.cfm)
and in Central Records under Project Number 28708 a copy of the strawman rule.
The commission requests interested persons file written comments on this strawman
rule.
Responses may be filed by submitting 16 copies to the commission's Filing
Clerk, Public Utility Commission of Texas, 1701 North Congress Avenue, P.
O. Box 13326, Austin, Texas 78711-3326 by Wednesday, March 1, 2006. All responses
should reference Project Number 28708. The commission requests that comments
be limited to 10 pages (not including attachments).
Questions concerning the comments or this notice should be referred to
Rosemary McMahill, Commission Industry Oversight Division, (512)936-7244.
Hearing and speech-impaired individuals with text telephones (TTY) may contact
the commission at (512) 936-7136.
TRD-200600513
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: January 31, 2006
The staff of the Public Utility Commission of Texas (commission) will hold
a workshop regarding the establishment of telecom quality of service standards
applicable to certificate holders who use alternate technologies to meet provider
of last resort (POLR) obligations, on Tuesday, March 21, 2006, at 9:30 a.m.
in the Commissioners' Hearing Room, located on the 7th floor of the William
B. Travis Building, 1701 North Congress Avenue, Austin, Texas 78701. Project
Number 31958,
Rulemaking Project for Establishing
Telecom Service Quality Standards for Alternate Technologies Used by a POLR
, has been established for this proceeding. Prior to the workshop,
the commission requests interested persons file comments to the following
questions:
1. Should the commission amend P.U.C. Substantive Rule §26.54 or adopt
a new rule to establish quality of service standards applicable to a certificate
holder who employs technologies other than traditional wireline or landline
technologies to meet its provider of last resort (POLR) obligations?
2. Should the commission define which alternate technologies (currently
in use) may be used to meet POLR obligations for the purpose of establishing
quality of service standards? If yes, which technologies (currently in use)
should be considered in establishing quality of service standards comparable
to those established for traditional wireline or landline technologies?
3. Should the commission adopt uniform quality of service standards for
all alternate technologies or should there be varying standards for different
technologies? Please give a detailed explanation.
4. Should all of the service objectives and performance benchmarks established
in P.U.C. Substantive Rule §26.54 be applied in establishing comparable
quality of service standards for alternate technologies? If not, which objectives
and/or benchmarks should not apply or should apply with modifications?
5. Should the quality of service standards established for alternate technologies
include reporting requirements?
6. Should the commission further clarify that the current 911 and E911
standards established in P.U.C. Substantive Rules §§26.272(e)(1)(B),
26.433, and 26.435 apply to all certified telecommunications utilities (CTUs)
regardless of the technology used in providing telecommunications service?
Should the commission establish standards for 911 and E911 services specifically
for alternate technologies?
Responses may be filed by submitting 16 copies to the commission's Filing
Clerk, Public Utility Commission of Texas, 1701 North Congress Avenue, P.
O. Box 13326, Austin, Texas 78711-3326 within 30 days of the date of publication
of this notice. All responses should reference Project Number 31958.
Ten days prior to the workshop, the commission shall make available in
Central Records under Project Number 31958, an agenda for the format of the
workshop.
Questions concerning the workshop or this notice should be referred to
James Kelsaw, Senior Network Analyst, Infrastructure Reliability Division,
(512) 936-7338. Hearing and speech-impaired individuals with text telephones
(TTY) may contact the commission at (512) 936-7136.
TRD-200600515
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: January 31, 2006
The staff of the Public Utility Commission of Texas (commission) will hold
a workshop regarding a classification system for administrative penalties,
on Thursday, March 2, 2006, at 9:30 a.m. in the Commissioners’ Hearing
Room, located on the 7th floor of the William B. Travis Building, 1701 North
Congress Avenue, Austin, Texas 78701. Project Number 31937,
Rulemaking to Establish a Classification System for the Assessment of Administrative
Penalties
, has been established for this proceeding. By developing
a classification system, the commission will be fulfilling the legislative
requirement set forth in Public Utility Regulatory Act Section 15.023(c),
requiring the commission to develop a classification system by rule. Prior
to the workshop, the commission requests interested persons file comments
to the following questions:
1. How many separate classes of violations should be established (note:
at least one class must be reserved for the most serious violations warranting
over $5,000 per violation)?
2. Please provide comments regarding whether the following criteria are
appropriate for establishing a classification system:
a. Whether the violation involves communications or electric;
b. Whether the violation concerns wholesale or retail matters;
c. Whether the violation concerns high or low cost services;
d. Impact on public health & safety;
e. Impact on public welfare;
f. Impact on the reliability;
g. Whether the violation involves market power abuse or anticompetitive
behavior;
h. Whether the violation concerns market rules and ERCOT Protocols;
i. Impact on businesses;
j. Impact on residential customers; and/or
k. Whether violation is technical or substantive.
3. Please list and explain any additional criteria you believe should be
considered in determining the class of a particular violation.
4. How do you think the commission should use these criteria to divide
violations into classes?
5. The law requires that the range of administrative penalties that may
be assessed within each class of violation be based on six factors including:
(1) the seriousness of the violation; (2) the economic harm to property or
the environment caused by the violation; (3) the history of previous violations;
(4) the amount necessary to deter future violations; (5) efforts to correct
the violation; and (6) any other matter that justice may require. How do you
think the commission should use these six factors to assess a penalty amount
in a particular case for a specific violation?
Responses may be filed by submitting 16 copies to the commission's Filing
Clerk, Public Utility Commission of Texas, 1701 North Congress Avenue, P.O.
Box 13326, Austin, Texas 78711-3326 within SEVENTEEN days of the date of publication
of this notice. All responses should reference Project Number 31937. The commission
requests comments be limited to TWENTY-FIVE pages. This notice is not a formal
notice of proposed rulemaking, however, the parties' responses to the questions
and comments at the workshop will assist the commission in developing a commission
policy or determining the necessity for a related rulemaking.
Five days prior to the workshop the commission shall make available in
Central Records under Project Number 31937 an agenda for the format of the
workshop.
Questions concerning the workshop or this notice should be referred to
Jeffrey Pender, Attorney, Legal Division, (512) 936-7285. Hearing and speech-impaired
individuals with text telephones (TTY) may contact the commission at (512)
936-7136.
TRD-200600508
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: January 31, 2006
The commission requests that interested persons file comments on the following
strawman rules. The strawman includes the following proposed changes to the
existing rules: (1) addition of a sentence to §26.346(a) to comply with
PURA §55.1735, regarding charges for pay phone access lines; (2) replacement
of "pay telephone services" with the abbreviation "PTS" in §26.346(b)(1);
(3) replacement of the rate table in §26.346(b)(1)(F) with a single blended
per minute rate calculated by averaging all of the mileage banded rates; (4)
addition of paragraph (3) to §26.346(b) to make the rule consistent with
PURA §§58.051, 58.151 and 58.152, regarding electing companies;
and (5) changes to §26.345(a)(3) regarding notice requirements for payphone
placards. The strawman is available at http://www.puc.state.tx.us/rules/rulemake/31957/31957.cfm
or on the commission's interchange filing system under Project Number 31957.
Responses may be filed by submitting 16 copies to the commission's Filing
Clerk, Public Utility Commission of Texas, 1701 North Congress Avenue, P.O.
Box 13326, Austin, Texas 78711-3326, within 30 days of the date of publication
of this notice. All responses should reference Project Number 31957.
Questions concerning this rulemaking should be referred to Stephen Mendoza,
Infrastructure Reliability Division, (512) 936-7394, or Andrew Kang, Attorney,
Legal Division, (512) 936- 7293. Hearing and speech-impaired individuals with
text telephones (TTY) may contact the commission at (512) 936-7136.
TRD-200600509
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: January 31, 2006
Public Notice Issued January 27, 2006 (Announcement of Finalist for the Position of President of West Texas A&M University)
Pursuant to §552.123, Texas Government Code, the following candidate
is the finalist for the position of President of West Texas A&M University.
Upon the expiration of twenty-one (21) days, final action is to be taken by
the Board of Regents of The Texas A&M University System:
J. Patrick O’Brien
TRD-200600459
Vickie Burt Spillers
Executive Secretary to Board of Regents
Texas A&M University, Board of Regents
Filed: January 27, 2006
Finance Division - Request for Competing Proposals
Pursuant to Transportation Code, §222.104, and Title 43, Texas Administrative
Code, Chapter 5, Subchapter E, the Texas Department of Transportation (department)
announces the issuance of its Request for Competing Proposals to Design, Develop,
Finance, Construct, and Potentially Operate and Maintain the Loop 20 and International
Boulevard Interchange in Laredo, Texas Under a Pass-Through Toll Agreement
(RFCP).
The department has received a proposal from a private entity under Title
43, Texas Administrative Code, Chapter 5, Subchapter E. The department intends
to evaluate that proposal, and it may negotiate a pass-through toll agreement
with the proposer based on the proposal. The department will accept for simultaneous
consideration any competing proposals it receives that are submitted in accordance
with Title 43, Texas Administrative Code, Chapter 5, Subchapter E, and the
RFCP by the due date. The due date for competing proposals is 3:00 p.m. Central
Standard Time, Tuesday, March 28, 2006. Competing Proposals should be addressed
to Mr. James Bass, Chief Financial Officer, Texas Department of Transportation,
125 East 11th Street, Austin, Texas 78701.
The project as proposed calls for the construction of a nontolled interchange
on existing Loop 20 and the northern extension of International Boulevard
in Laredo, Webb County, Texas. The proposed interchange would cross over the
Loop 20 mainlanes and intersect the existing frontage roads.
The general criteria that will be used to evaluate all proposals and the
relative weight given to the criteria are as follows: General Experience and
Qualifications - 40%; Project Development and Benefits - 60%. Specific evaluation
criteria are set forth in the RFCP.
The department will make the RFCP available electronically on the Texas
Electronic State Business Daily,
http://esbd.tbpc.state.tx.us/1380/sagency.cfm
and at the following address: Texas Department of Transportation,
125 East 11th Street, Austin, Texas 78701, on or after Friday, February 10,
2006.
If there are any procedural questions, please contact Mr. Dorn Smith of
the department's Finance Division at (512) 463-8721.
TRD-200600548
Bob Jackson
Deputy General Counsel
Texas Department of Transportation
Filed: February 1, 2006
Pursuant to 43 TAC §2.43(c)(8)(B), the Texas Department of Transportation
(TxDOT), in cooperation with the Federal Highway Administration (FHWA), is
issuing this notice to advise the public that an Environmental Impact Statement
(EIS) will be prepared for a proposed State Highway (SH) 87 bridge. The bridge
will connect Galveston Island and Bolivar Peninsula in Galveston County, Texas.
The proposed project area crosses Galveston Bay and the Galveston, Texas City,
and Houston ship channels and includes transportation alternatives within
the southern portion of Bolivar Peninsula from the Bolivar ferry landing to
SH 124, the northern portion of Galveston Island from Interstate Highway (IH)
45 at SH 275 to Pelican Island.
TxDOT currently operates a free ferry system between Galveston Island and
Bolivar Peninsula. Due to increased operations and maintenance costs, TxDOT
is proposing to replace the existing ferry system with a permanent bridge.
Increasing traffic along SH 87 (Ferry Road) has resulted in lengthy delays
for residents and visitors. These delays have resulted in slow emergency vehicle
response times and long commute times. Public meetings were held in 2000 on
Bolivar Peninsula and Galveston Island to solicit comments regarding the existing
ferry system and potential long-term improvements.
In 2001, a feasibility study was completed which evaluated the existing
ferry system and identified and compared alternatives for a proposed bridge
location. TxDOT is preparing an EIS to further evaluate viable build alternatives
and a no-build alternative. The implementation of tolling will be considered
as a funding option. The feasibility study determined a need for immediate
improvements to the ferry system and a bridge for long-term improvements.
Alternatives to be studied include no-build and various route location
alternatives within the study area. The EIS will include a recommended proposed
bridge location, number of lanes, roadway configuration, and operational characteristics
of the proposed bridge. Impacts caused by the construction and operation of
the proposed improvements would vary according to the alternative alignment
utilized. Generally, impacts would include the following: impacts to residences
and businesses, including potential relocation; transportation impacts (construction
detours, construction traffic, and mobility improvement); air and noise impacts
from construction equipment and operation of the roadway; social and economic
impacts; impacts to historic cultural resources; water quality impacts from
construction and roadway runoff; and impacts to waters of the U.S. including
wetlands from right-of-way encroachment.
Correspondence describing the proposed project and soliciting comments
has been sent to appropriate federal, state, regional, and local agencies,
and to organizations and persons who have previously expressed an interest
or are known to have an interest in this project.
TxDOT will conduct two public meetings in February 2006. The first public
meeting will be held from 6:00 p.m. to 8:00 p.m. on Tuesday, February 21,
2006 at Crenshaw Elementary/Middle School, 416 State Highway 87, Bolivar,
Texas 77650. The second public meeting will be held from 6:00 p.m. to 8:00
p.m. on Wednesday, February 22, 2006 at the Galveston Island Convention Center,
5600 Seawall Boulevard, Galveston, Texas 77551.
Both public meetings will be conducted in an open house format with no
formal presentation. At least 30 days and 10 days prior to the public meetings,
notices will be published in newspapers generally circulated in the project
area. These will be the first in a series of meetings to solicit public comments
on the proposed action. Persons interested in attending these meetings who
have special communication or accommodation needs are encouraged to contact
the local TxDOT Public Information Office at (713) 802-5072 at least two days
prior to the meetings. TxDOT offices are open Monday through Friday, from
8:00 a.m. to 5:00 p.m., excluding national holidays. Because the public meetings
will be conducted in English, any requests for language interpreters should
also be made at least two days prior to the public scoping meetings. Every
reasonable effort will be made to accommodate these needs.
Public involvement will occur throughout the planning process. Public notice
will be given stating the time and place of future public meetings and hearings.
The Draft EIS will be available for public and agency review and comment prior
to a public hearing.
To ensure that the full range of issues related to this proposed action
are addressed and all significant issues identified, comments and suggestions
are invited from all interested parties. Comments or questions concerning
this proposed action and the EIS should be directed to TxDOT at the address
provided. Additional project information may be obtained by visiting the project
website at
www.bolivarbridge.com.
Agency Contact:
Comments or questions concerning
this proposed action and the EIS should be sent to Dianna F. Noble, P.E.,
Texas Department of Transportation, Environmental Affairs Division, 125 E.
11th Street, Austin, Texas 78701, telephone (512) 416-2734.
TRD-200600549
Bob Jackson
Deputy General Counsel
Texas Department of Transportation
Filed: February 1, 2006
Coastal Coordination Council
Comptroller of Public Accounts
Office of Consumer Credit Commissioner
Texas Council for Developmental Disabilities
Texas Commission on Environmental Quality
Notice of Concentrated Animal Feeding Operation (CAFO) General Permit Amendment
Notice of District Petition
Notice of Meeting on March 16, 2006, in Dayton, Liberty County, Texas, Concerning the Cox Road Dump Site Facility
Notice of Public Hearing
Notice of Water Quality Applications
Notice of Water Rights Application
Proposal for Decision
Proposal for Decision
Proposed Enforcement Orders
Department of State Health Services
Notice of Intent to Revoke Certificates of Registration
Notice of Intent to Revoke Radioactive Material Licenses
Notice of Public Hearing on Redesign of Statewide Mental Health Crisis System
Texas Department of Housing and Community Affairs
Request for Proposal Auditing Services, RFP No. 06-01
Texas Department of Insurance
Notice of Application by a Small Employer Health Benefit Plan Issuer to be a Risk-Assuming Health Benefit Plan Issuer
Texas Lottery Commission
Instant Game Number 631 "Instant Keno"
Public Utility Commission of Texas
Announcement of Application for State-Issued Certificate of Franchise Authority
Announcement of Application for State-Issued Certificate of Franchise Authority
Announcement of Application for State-Issued Certificate of Franchise Authority
Announcement of Application to Amend a State-Issued Certificate of Franchise Authority
Corrected Second Notice of Petition for Approval of Fuel-Related Provisions of Rate Agreement
Notice of Application for a Certificate to Provide Retail Electric Service
Notice of Application for Amendment to Certificate of Operating Authority
Notice of Application for Amendment to Service Provider Certificate of Operating Authority
Notice of Application for Certificate of Convenience and Necessity for a Proposed Transmission Line in Webb County, Texas
Notice of Application to Amend Certificated Service Area Boundaries in Cameron County, Texas
Notice of Application to Amend Certificated Service Area Boundaries in Maverick County, Texas
Public Notice of Request for Comment Regarding Rulemaking Proceeding to Amend P.U.C. Substantive Rule §26.420(f)
Public Notice of Workshop and Request for Comments on Establishment of Telecom Quality of Service Standards Applicable to Certificate Holders Who Use Alternate Technologies to Meet POLR Obligations
Public Notice of Workshop on Classification System for Administrative Penalties and Request for Comments
Request for Comments on Strawman Rules in Rulemaking to Modify Payphone Rules and to Address Access Line Charges to Comply with PURA §55.1735
Texas A&M University, Board of Regents
Texas Department of Transportation
Notice of Intent, Bolivar Bridge EIS
Texas Water Development Board