Coastal Coordination Council
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 July 7, 2006, through
July 13, 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 July 19, 2006. The public comment
period for these projects will close at 5:00 p.m. on August 18, 2006.
FEDERAL AGENCY ACTIONS:
Applicant: Reef Exploration, Inc.
; Location:
The project is located in wetlands adjacent to the South Fork of Taylor Bayou,
north of State Highway 73, approximately 0.5 mile west of the Levi Gully outfall
into Taylor Bayou, in Jefferson County, Texas. The project can be located
on the U.S.G.S. quadrangle map entitled: Alligator Hole Marsh, Texas. Approximate
UTM Coordinates in NAD 27 (meters): Zone 15; Easting: 383732; Northing: 3301363.
Project Description: The applicant proposes to construct a 300 by 300-foot
(2.066-acre) drilling pad to explore for hydrocarbons at the Levingston #1
Well. Approximately 2,311 cubic yards of native material will be discharged
into wetlands to construct the site. In addition, a ring levee will be constructed.
The wetlands are dominated by bald cypress (Taxodium distichum), American
bulrush (Scirpus pungens), coastal plain willow (Salix caroliniana), prostrate
smartweed (Polygonum aviculare), large leaf pennywort (Hydrocotyle bonariensis),
and black tupelo (Nyssa sylvatica). CCC Project No.: 06-0342-F1; Type of Application:
U.S.A.C.E. permit application #24247 is being evaluated under §404 of
the Clean Water Act (33 U.S.C.A. §1344). Note: The consistency review
for this project may be conducted by the Texas Railroad Commission under §401
of the Clean Water Act.
Applicant: Jefferson County Engineering Department
; Location: The project site is located in wetlands adjacent to Keith
Lake, just north of the Keith Lake Fish Pass, in Jefferson County, Texas.
The project can be located on the U.S.G.S. quadrangle map entitled: Port Arthur
South, Texas. Approximate UTM Coordinates in NAD 27 (meters): Zone 15; Easting:
408490; Northing: 3293773. Project Description: The applicant is requesting
authorization to construct a public boat launch with parking facilities and
park amenities near Keith Lake, in Jefferson County, Texas. The Keith Lake
Boat Launch and Parking Facility will be constructed within a 65-acre wetland
area just north of the Keith Lake Fish Pass. Activities include the construction
of a 24-foot-wide roadway beginning at State Highway 87 and terminating at
the proposed parking lot; the construction of a 1,600-square-foot parking
facility; the construction of a 3-lane boat ramp; and the dredging of a boat
launch and access channel into Keith Lake. A total of 2.35 acres of emergent
wetland habitat will be impacted as a result of the proposed activities. The
lagoon launch and access channel will be dredged to a depth of -5.5 feet.
To mitigate for impacts to the aquatic environment, the applicant will create
4.96 acres of estuarine marsh habitat near the proposed access channel. This
project has been designed in collaboration with the Texas Parks and Wildlife
Department. CCC Project No.: 06-0347-F1; Type of Application: U.S.A.C.E. permit
application #23995 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: National Offshore L.P.
; Location:
The project is located in Galveston Bay, State Tract (ST) 72 in Chambers County,
Texas. The project can be located on the U.S.G.S. quadrangle map entitled:
Umbrella Point, Texas. Approximate UTM Coordinates in NAD 27 (meters): Zone
15; Easting: 320401; Northing: 3280566. Project Description: The applicant
proposes to add an additional offset well location (ST 72, Well No. 4) 100
feet from the location authorized under Department of the Army (DA) Permit
23851 (ST 72, Well No. 1). To minimize impact, the offset location (ST 72,
Well No. 4), if drilled, would only contain the wellhead and structures necessary
for the protection of said wellhead. All other associated structures and equipment
would be located on the location originally permitted under DA Permit 23851.
After further study, the applicant has concluded that placing a 12-inch-diameter
pipeline in the approved Right-of-Way (ROW) under DA Permit 23851(01) would
not be beneficial to the development of the area. To continue with this type
of gathering system would require the overall environmental footprint to multiply
because each additional producing well would have to have its own metering
platform and a separate tie-in into the 12-inch pipeline. Therefore, the applicant
requests authorization to amend the permit so that the originally proposed
12-inch pipeline would be replaced with multiple smaller pipelines (up to
six 6-inch and one 3-inch), each being dedicated to a particular well, and
then bundled into the same ROW leading back to an already existing production
platform. This would significantly reduce impacts by doing away with the need
of individual metering facilities on each of the wells. This, in turn, would
remove the need for large individual platforms, reduce the risk of large spills
due to the increase of containment individual lines provide, and maximize
the use of already existing infrastructure. Large vessel traffic would also
be reduced because the majority of vessels would go to the existing production
platform. CCC Project No.: 06-0348-F1; Type of Application: U.S.A.C.E. permit
application #23851(02) is being evaluated under §10 of the Rivers and
Harbors Act of 1899 (33 U.S.C.A. §403) and §404 of the Clean Water
Act (33 U.S.C.A. §1344). Note: The consistency review for this project
may be conducted by the Texas Railroad Commission under §401 of the Clean
Water Act.
Pursuant to §306(d)(14) of the Coastal Zone Management Act of 1972
(16 U.S.C.A. §§1451 - 1464), as amended, interested parties are
invited to submit comments on whether a proposed action is or is not consistent
with the Texas Coastal Management Program goals and policies and whether the
action should be referred to the Coastal Coordination Council for review.
Further information on the applications listed above may be obtained from
Ms. Tammy Brooks, Consistency Review Coordinator, 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-200603783
Larry L. Laine
Chief Clerk/Deputy Land Commissioner, General Land Office
Coastal Coordination Council
Filed: July 18, 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 July 2006, as required by Tax Code, §202.058,
is $64.94 per barrel for the three-month period beginning on April 1, 2006,
and ending June 30, 2006. Therefore, pursuant to Tax Code, §202.058,
crude oil produced during the month of July 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 July 2006, as required by Tax Code, §201.059,
is $5.75 per mcf for the three-month period beginning on April 1, 2006, and
ending June 30, 2006. Therefore, pursuant to Tax Code, §201.059, gas
produced during the month of July 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-200603800
Martin Cherry
Chief Deputy General Counsel
Comptroller of Public Accounts
Filed: July 19, 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,
303.009, and 304.003, Tex. Fin. Code.
The weekly ceiling as prescribed by §303.003 and §303.009 for
the period of 07/24/06 - 07/30/06 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 07/24/06 - 07/30/06 is 18% for Commercial over $250,000.
The judgment ceiling as prescribed by §304.003 for the period of 08/01/06
- 08/31/06 is 8.25% for Consumer/Agricultural/Commercial/credit thru $250,000.
The judgment ceiling as prescribed by §304.003 for the period of 08/01/06
- 08/31/06 is 8.25% for Commercial over $250,000.
1
Credit for personal, family or household
use.
2
Credit for business, commercial, investment
or other similar purpose.
TRD-200603799
Leslie L. Pettijohn
Commissioner
Office of Consumer Credit Commissioner
Filed: July 19, 2006
Notice of Final Action Taken
In accordance with the provisions of 7 TAC Section 91.103, the Credit Union
Department provides notice of the final action taken on the following applications:
Applications to Expand Field of Membership--Approved
First Service Credit Union, Houston, Texas--See
Texas Register
issue dated March 31, 2006.
Lincoln City Credit Union, Houston, Texas--See
Texas Register
issue dated March 31, 2006.
Articles of Incorporation - 50 Years to Perpetuity--Approved
Public Employees Credit Union, Austin, Texas
Star of Texas Credit Union, Austin, Texas
San Jacinto Area Credit Union, Pasadena, Texas
Sears Waco Credit Union, Waco, Texas
Corner Stone Credit Union, Lancaster, Texas
E E South Texas Credit Union, Corpus Christi, Texas
United Savers Trust Credit Union, Houston, Texas
Coburn Credit Union, Beaumont, Texas
Doches Credit Union, Nacogdoches, Texas
Beaumont Municipal Employees Credit Union, Beaumont, Texas
Texas Health Credit Union, Austin, Texas
TRD-200603806
Harold E. Feeney
Commissioner
Credit Union Department
Filed: July 19, 2006
Notice of Joint Prehearing Conference
SOAH DOCKET NO. 477-06-2682 and 477-06-2683
The Commission on State Emergency Communications ("CSEC") will render an
order on the applicability of Texas Health and Safety Code Annotated §771.0711
to all "wireless telecommunications connections" provided by wireless service
providers in Texas regardless of the methodology of service by which wireless
service is rendered (e.g. prepaid, postpaid, monthly or annual contracts).
The legal question has arisen in conjunction with a request for refund by
Tracfone Wireless before the Texas Comptroller of Public Accounts ("Comptroller").
Tracfone's request was abated for CSEC to issue a ruling pursuant to Texas
Attorney General Opinion (GA-0401). Virgin Mobile has also filed a similar
refund request before the Comptroller. CSEC has referred two dockets to the
State Office of Administrative Hearings ("SOAH") on this legal threshold issue.
A joint prehearing conference will be held before an Administrative Law
Judge with the State Office of Administrative Hearings on Tuesday, August
22, 2006, at 9 a.m., at the W.P. Clements Building, 4th floor, 300 West 15th
Street, Austin, Texas. The purpose of the prehearing conference will be to
discuss and/or determine the following preliminary issues:
1. additional notice, if any, to be made in these dockets;
2. general procedural issues;
3. whether a decision on the legal issues and the applicability of the
statute is necessary prior to any factual findings;
4. the factual issues in dispute and need for an evidentiary hearing, if
any;
5. establishment of a briefing schedule and a hearing if necessary; and
6. the motions filed with the Judge at SOAH by August 17, 2006.
CSEC's ruling on the threshold legal issue and the applicability of the
statute to all "wireless telecommunications connections" will impact CSEC
and Comptroller enforcement regarding the remittance of current, past and
future wireless fees. Alternately, the ruling will also have an impact on
potential refunds for previously remitted amounts by wireless service providers.
Respectfully Submitted by Paul Mallett, Executive Director, Commission
on State Emergency Communications, 333 Guadalupe Street, Suite 2-212, Austin,
Texas 78701-3942
Please direct all questions to CSEC Counsel of Record:
Rupaco T. Gonzalez, Jr.
The Gonzalez Law Firm, P.C.
8127 Mesa Drive, Suite B206, PMB #117
Austin Texas 78759
(512) 921-7726 (voice)
(512) 241-0851 (fax)
gonzalezlawfirm@austin.rr.com
TRD-200603812
Paul Mallett
Executive Director
Commission on State Emergency Communications
Filed: July 19, 2006
Request for Proposals
TEXAS EMPLOYEES GROUP BENEFITS PROGRAM
In accordance with Sections 1551.055 and 1551.062 of the Texas Insurance
Code, the Employees Retirement System of Texas (ERS) is issuing a Request
for Proposal (RFP) to conduct an audit of the Carriers, HMOs and third party
administrators of the benefit plans provided to participants of the Texas
Employees Group Benefits Program (GBP). Following ERS’ selection of
a qualified provider(s) of auditing services, audit responsibilities will
begin for Fiscal Year 2006 and continue annually through August 31, 2009,
subject to and in accordance with the contract terms.
ERS is the administrator for the GBP as provided in Chapter 1551 of the
Texas Insurance Code. The GBP covers over 500,000 state agency and certain
higher education employees, retirees, and dependents. ERS is responsible for
contracting with health, dental, life, and disability carriers, and third
party administrators to provide coverage for GBP participants or administer
such coverage throughout the state of Texas. The services requested and described
in the RFP include auditing claims administration, contract compliance, gross
and net costs and administrative costs of the providers and administrators
specified in the RFP.
The RFP will be available after late July from the ERS’ website,
(www.ers.state.tx.us). To access the secured portion of the RFP website, interested
Auditors must email their request to the attention of Araceli (Sally) Garcia
at: araceli.garcia@ers.state.tx.us. The email request must include the Auditor’s
legal name, street address, phone and fax numbers, and an email address for
the organization’s direct point of contact. Upon receipt of your emailed
request, a user ID and password will be issued to the requesting organization
that will permit access to the secured RFP. General questions concerning the
RFP should be sent to the ivendorquestions mailbox at: https://www1.ers.state.tx.us/vendorbid/.
Inquires and responses are updated frequently.
To be eligible for consideration, the Auditor is required to submit a sealed
proposal as more fully specified in the RFP.
ERS will base its evaluation and selection of an award on the basis of
demonstrated competence, compliance with the RFP and qualifications to perform
the services for a fair and reasonable price. The professional fees under
any contract must be consistent with and not higher than the recommended practices
and fees published by the applicable professional associations and may not
exceed any maximum provided by law. Further, the Auditor will be evaluated
on factors including, but not limited to the following, which are not necessarily
listed in order of priority: compliance with and adherence to the RFP and
execution of the Contract; minimum and preferred requirements as specified;
Fee Proposal; references; and other factors, as determined during the evaluation
process. Each proposal will be individually evaluated relative to other Audit
proposals.
ERS reserves the right to reject any or all proposals and call for new
proposals if deemed by ERS to be in the best interests of ERS, the GBP and
its participants. ERS also reserves the right to reject any proposal submitted
that does not fully comply with the RFP’s instructions and criteria.
ERS is under no legal requirement to execute a contract on the basis of this
notice or upon issuance of the RFP and will not pay any costs incurred by
any entity in responding to this notice or the RFP or in connection with the
preparation thereof. ERS specifically reserves the right to vary all provisions
set forth at any time prior to execution of a contract where ERS deems it
to be in the best interest of the GBP and its participants.
TRD-200603814
Paula A. Jones
General Counsel
Employees Retirement System of Texas
Filed: July 19, 2006
Agreed Orders
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.
Section 7.075 required that, before the commission may approve the AOs, the
commission shall allow the public an opportunity to submit written comments
on the proposed AOs. Section 7.075 requires that notice of the opportunity
to comment must be published in the
Texas Register
no later than the 30th day before the date on which the public comment
period closes, which in this case is
August 28, 2006
. Section 7.075 also requires that the commission promptly consider
any written comments received and that the commission may withdraw or withhold
approval of an AO if a comment discloses facts or considerations that indicate
that consent is inappropriate, improper, inadequate, or inconsistent with
the requirements of the statutes and rules within the commission's jurisdiction
or the commission's orders and permits issued in accordance with the commission's
regulatory authority. Additional notice of changes to a proposed AO is not
required to be published if those changes are made in response to written
comments.
A copy of each proposed AO is available for public inspection at both the
commission's central office, located at 12100 Park 35 Circle, Building A,
3rd Floor, Austin, Texas 78753, (512) 239-3400 and at the applicable regional
office listed as follows. 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 August 28, 2006
. 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 shall be submitted to the commission in
writing
.
(1) COMPANY: AAA Industrial Chromium Company; DOCKET NUMBER: 2005-1916-IHW-E;
IDENTIFIER: Regulated Entity Reference Number (RN) RN103156006; LOCATION:
Fort Worth, Tarrant County, Texas; TYPE OF FACILITY: chrome and copper plating;
RULE VIOLATED: 30 TAC §335.62 and §335.513(a) and 40 Code of Federal
Regulations (CFR) §262.11, by failing to conduct hazardous waste determinations
and to maintain documentation on each waste stream; 30 TAC §335.6(c),
by failing to update the notice of registration; 30 TAC §335.69(a)(4)
and 40 CFR §§265.16, 265.51, and 265.55, by failing to have documentation
for personnel training and contingency plan; 30 TAC §335.474, by failing
to have a source reduction and waste minimization plan; 30 TAC §335.4,
by failing to prevent an unauthorized discharge of industrial solid waste;
30 TAC §335.69(a)(1)(B) and (3), (d)(1) and (2), and 40 CFR §§262.34(a)(3)
and (c)(1)(ii), 265.173(a), 265.192, and 265.193, by failing to obtain a structural
integrity tank system assessment by a registered professional engineer, by
failing to meet secondary containment requirements for each tank, by failing
to label or mark clearly the words "hazardous waste" or words to identify
the contents on each tank accumulating waste, and by failing to keep satellite
waste containers closed during storage; and 30 TAC §335.2(a), by failing
to obtain authorization to store hazardous waste at the facility; PENALTY:
$35,567; ENFORCEMENT COORDINATOR: Cari-Michel LaCaille, (512) 239-1387; REGIONAL
OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(2) COMPANY: Arlamar LLC dba Kwik Kar Lube; DOCKET NUMBER: 2005-0922-PST-E;
IDENTIFIER: RN100539741; LOCATION: Arlington, Tarrant County, Texas; TYPE
OF FACILITY: petroleum storage tank; RULE VIOLATED: 30 TAC §334.50(b)(1)(A),
by failing to provide release detection; PENALTY: $1,750; ENFORCEMENT COORDINATOR:
Melissa Keller, (512) 239-1768; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth,
Texas 76118-6951, (817) 588-5800.
(3) COMPANY: City of Brazoria; DOCKET NUMBER: 2006-0502-MWD-E; IDENTIFIER:
RN101613552; LOCATION: Brazoria, Brazoria County, Texas; TYPE OF FACILITY:
wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), Texas Pollutant
Discharge Elimination System (TPDES) Permit Number WQ0014581001, Effluent
Limitations and Monitoring Requirements Numbers 1 and 6, and the Code, §26.121(a),
by failing to comply with the permitted effluent limits for ammonia-nitrogen
(NH3N), total suspended solids (TSS), five-day carbonaceous biochemical oxygen
demand (CBOD5), flow, and dissolved oxygen (DO); PENALTY: $5,112; ENFORCEMENT
COORDINATOR: Catherine Albrecht, (713) 767-3500; REGIONAL OFFICE: 5425 Polk
Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(4) COMPANY: City of Burnet; DOCKET NUMBER: 2006-0598-PWS-E; IDENTIFIER:
RN100824895; LOCATION: Burnet, Burnet County, Texas; TYPE OF FACILITY: public
water supply; RULE VIOLATED: 30 TAC §290.113(f)(5) and THSC, §341.0315(c),
by exceeding the maximum contaminant level for haloacetic acid; PENALTY: $665;
ENFORCEMENT COORDINATOR: Epifanio Villareal, (210) 490-3096; REGIONAL OFFICE:
1921 Cedar Bend Drive, Suite 150, Austin, Texas 78758-5336, (512) 339-2929.
(5) COMPANY: Ronnie Butler dba Butler and Perry; DOCKET NUMBER: 2006-0258-PST-E;
IDENTIFIER: RN101793958; LOCATION: San Augustine, San Augustine County, Texas;
TYPE OF FACILITY: station 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 impressed current cathodic protection system at least every
60 days and by failing to inspect and test the cathodic protection system
for operability and adequacy of protection; 30 TAC §37.815(a) and (b),
by failing to demonstrate acceptable financial assurance; 30 TAC §334.50(b)(1)(A)
and the Code, §26.3475(c)(1), by failing to monitor underground storage
tanks (USTs) for releases; 30 TAC §334.48(c), by failing to conduct effective
manual or automatic inventory control procedures for all USTs; 30 TAC §334.7(d)(3),
by failing to provide written notice of any change or additional information
to the commission; and 30 TAC §334.8(c)(4)(B) and (5)(A)(i) and (B)(ii),
and the Code, §26.3467(a), by failing to timely renew a previously issued
UST delivery certificate by submitting a properly completed UST registration
and self-certification form and by failing to make available to a common carrier
a valid, current delivery certificate; PENALTY: $10,500; ENFORCEMENT COORDINATOR:
Deana Holland, (512) 239-2504; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont,
Texas 77703-1892, (409) 898-3838.
(6) COMPANY: Cal Farleys Girlstown USA; DOCKET NUMBER: 2004-1165-PST-E;
IDENTIFIER: RN102343191; LOCATION: Whiteface, Cochran County, Texas; TYPE
OF FACILITY: non-profit girls home; RULE VIOLATED: 30 TAC §334.50(d)(1)(B)(ii),
by failing to reconcile inventory control records on a monthly basis; and
30 TAC §290.51(a)(3), by failing to pay public health service fees; PENALTY:
$2,000; ENFORCEMENT COORDINATOR: Cheryl Thompson, (817) 588-5800; REGIONAL
OFFICE: 4630 50th Street, Suite 600, Lubbock, Texas 79414-3520, (806) 796-7092.
(7) COMPANY: Carbon Silica Partners, L.P. dba Diamond Fiberglass Fabricators;
DOCKET NUMBER: 2006-0615-AIR-E; IDENTIFIER: RN100219443; LOCATION: Victoria,
Victoria County, Texas; TYPE OF FACILITY: fiberglass tank manufacturing; RULE
VIOLATED: 30 TAC §122.145(2)(B) and §122.146(5)(D) and THSC, §382.085(b),
by failing to submit a six-month deviation report; PENALTY: $2,000; ENFORCEMENT
COORDINATOR: John Muennink, (361) 825-3100; REGIONAL OFFICE: 6300 Ocean Drive,
Suite 1200, Corpus Christie, Texas 78412-5503, (361) 825-3100.
(8) COMPANY: City of Commerce; DOCKET NUMBER: 2006-0298-MWD-E; IDENTIFIER:
RN102178233; LOCATION: Commerce, Hunt County, Texas; TYPE OF FACILITY: wastewater
treatment; RULE VIOLATED: 30 TAC §305.125(1) and (17), TPDES Permit Number
10555001, Effluent Limitations and Monitoring Requirements Number 1, Sludge
Provisions and Biomonitoring Requirements 3.b., and Monitoring and Reporting
Requirements Number 1, and the Code, §26.121(a), by failing to comply
with permitted effluent limits for TSS and NH3N, by failing to timely submit
the quarterly, semi-annual, and annual biomonitoring reports, and by failing
to submit monitoring results for the pH daily maximum; PENALTY: $8,019; ENFORCEMENT
COORDINATOR: Ruben Soto, (512) 239-4571; REGIONAL OFFICE: 2301 Gravel Drive,
Fort Worth, Texas 76118-6951, (817) 588-5800.
(9) COMPANY: DDC Construction, Inc.; DOCKET NUMBER: 2006-0599-WQ-E; IDENTIFIER:
RN104501788; LOCATION: Huntsville, Walker County, Texas; TYPE OF FACILITY:
construction site; RULE VIOLATED: 30 TAC §305.125(1), TPDES Construction
General Permit Number TXR150000, Part III, Section F(2)(a) and (7), and the
Code, §26.121(a), by failing to maintain sediment controls in an effective
operating condition; and 30 TAC §205.6 and the Code, §5.702 and §26.0291(a),
by failing to pay the general permits stormwater fee and associated late fees;
PENALTY: $840; ENFORCEMENT COORDINATOR: Catherine Albrecht, (713) 767-3500;
REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713)
767-3500.
(10) COMPANY: David W. Baker Homes, Inc.; DOCKET NUMBER: 2006-0650-DCL-E;
IDENTIFIER: RN103954913 and RN103954335; LOCATION: Midland, Midland County,
Texas; TYPE OF FACILITY: dry cleaning drop stations; RULE VIOLATED: 30 TAC §337.10(a)
and THSC, §374.102(a), by failing to complete and submit the required
registration form; PENALTY: $300; ENFORCEMENT COORDINATOR: Cheryl Thompson,
(817) 588-5800; REGIONAL OFFICE: 3300 North A Street, Building 4, Suite 107,
Midland, Texas 79705-5404, (915) 570-1359.
(11) COMPANY: City of East Tawakoni; DOCKET NUMBER: 2005-0886-MWD-E; IDENTIFIER:
RN101917847; LOCATION: East Tawakoni, Rains County, Texas; TYPE OF FACILITY:
wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit
Number 11428001, Interim Effluent Limitations and Monitoring Requirements
Numbers 1, 2, and 6, and the Code, §26.121(a), by failing to comply with
the permitted effluent limitations for TSS, chlorine residual, and DO; PENALTY:
$7,744; ENFORCEMENT COORDINATOR: Carolyn Lind, (903) 535-5100; REGIONAL OFFICE:
2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.
(12) COMPANY: FMC Technologies, Inc.; DOCKET NUMBER: 2006-0320-IWD-E; IDENTIFIER:
RN100558022; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: wastewater
treatment; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number 02611,
Effluent Limitations and Monitoring Requirements Numbers 1 and 2, and the
Code, §26.121(a), by failing to comply with the permitted effluent limitations
for pH and chemical oxygen demand; PENALTY: $7,584; ENFORCEMENT COORDINATOR:
Laurie Eaves, (512) 239-4495; REGIONAL OFFICE: 5425 Polk Avenue, Suite H,
Houston, Texas 77023-1486, (713) 767-3500.
(13) COMPANY: Phillip P. Hamer; DOCKET NUMBER: 2006-0460-LII-E; IDENTIFIER:
RN104105739; LOCATION: Cedar Park, Williamson County, Texas; TYPE OF FACILITY:
irrigation and landscaping installation company; RULE VIOLATED: 30 TAC §344.94(b),
by failing to include on all written contracts to install irrigation systems
the statement: "Irrigation in Texas is regulated by the Texas Natural Resource
Conservation Commission, P. O. Box 13087, Austin, Texas 78711-3087."; PENALTY:
$420; ENFORCEMENT COORDINATOR: Libby Hogue, (512) 239-1165; REGIONAL OFFICE:
1921 Cedar Bend Drive, Suite 150, Austin, Texas 78758-5336, (512) 339-2929.
(14) COMPANY: Huntsman Petrochemical Corporation; DOCKET NUMBER: 2006-0399-AIR-E;
IDENTIFIER: RN100219252; LOCATION: Port Neches, Jefferson County, Texas; TYPE
OF FACILITY: petrochemical production; RULE VIOLATED: 30 TAC §116.115(c)
and §122.143(4), Permit Numbers 16909, Special Condition (SC) Number
1, 20485, SC 2D, Federal Operating Permit Number 1327, SC 15(A), and 5952A,
SC 1, and THSC, §382.085(b), by failing to prevent unauthorized emissions
and by failing to meet the minimum net heating value requirements; and 30
TAC §101.201(a)(1)(B) and THSC, §382.085(b), by failing to properly
notify the TCEQ of a reportable emissions event; PENALTY: $19,608; ENFORCEMENT
COORDINATOR: John Barry, (409) 898-3838; REGIONAL OFFICE: 3870 Eastex Freeway,
Beaumont, Texas 77703-1892, (409) 898-3838.
(15) COMPANY: Clarence Jolly; DOCKET NUMBER: 2006-0900-WQ-E; IDENTIFIER:
RN104955893; LOCATION: Crockett, Houston County, Texas; TYPE OF FACILITY:
occupational licensing; RULE VIOLATED: 30 TAC §30.5(a), by failing to
obtain a required occupation license; PENALTY: $210; ENFORCEMENT COORDINATOR:
Melissa Keller, (512) 239-1768; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont,
Texas 77703-1892, (409) 898-3838.
(16) COMPANY: KDGG Investments Partners, Ltd. dba LT Country Market; DOCKET
NUMBER: 2006-0544-PST-E; IDENTIFIER: RN104694385; LOCATION: Austin, Travis
County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline;
RULE VIOLATED: 30 TAC §334.48(c), by failing to conduct effective manual
or automatic inventory control procedures for all USTs; and 30 TAC §334.50(d)(1)(B)(ii)
and the Code, §26.3475(c)(1), by failing to conduct reconciliation of
detailed inventory control records; PENALTY: $4,000; ENFORCEMENT COORDINATOR:
Rajesh Acharya, (512) 239-0577; REGIONAL OFFICE: 1921 Cedar Bend Drive, Suite
150, Austin, Texas 78758-5336, (512) 339-2929.
(17) COMPANY: Kingsville ISD; DOCKET NUMBER: 2006-0926-PST-E; IDENTIFIER:
RN101873024; LOCATION: Kingsville, Kleberg County, Texas; TYPE OF FACILITY:
school district with refueling facility; RULE VIOLATED: 30 TAC §334.50(d)(1)(B),
by failing to implement inventory control methods; PENALTY: $1,750; ENFORCEMENT
COORDINATOR: Melissa Keller, (512) 239-1768; REGIONAL OFFICE: 6300 Ocean Drive,
Suite 1200, Corpus Christi, Texas 78412-5503, (361) 825-3100.
(18) COMPANY: City of Kyle and Aqua Operations, Inc.; DOCKET NUMBER: 2006-0417-MWD-E;
IDENTIFIER: RN102182680; LOCATION: Kyle, Hays County, Texas; TYPE OF FACILITY:
wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit
Number 11041002, Interim I Effluent Limitations and Monitoring Requirements
Numbers 1 and 6, and the Code, §26.121(a), by failing to comply with
the permitted effluent limitations for TSS, DO, and NH3N; PENALTY: $12,120;
ENFORCEMENT COORDINATOR: Lynley Doyen, (512) 239-1364; REGIONAL OFFICE: 1921
Cedar Bend Drive, Suite 150, Austin, Texas 78758-5336, (512) 339-2929.
(19) COMPANY: Manual Garcia III dba Last Chance Drive In; DOCKET NUMBER:
2006-0927-PST-E; IDENTIFIER: RN102370806; LOCATION: Zapata, Zapata County,
Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline;
RULE VIOLATED: 30 TAC §334.50(b)(1)(A), by failing to provide release
detection; PENALTY: $1,750; ENFORCEMENT COORDINATOR: Melissa Keller, (512)
239-1768; REGIONAL OFFICE: 1804 West Jefferson Avenue, Harlingen, Texas 78550-5247,
(956) 425-6010.
(20) COMPANY: Darryl Wheeler dba Magnolia Lake RV Park ; DOCKET NUMBER:
2006-0389-PWS-E; IDENTIFIER: RN101237154; LOCATION: Goodrich, Polk County,
Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.109(c)(2)(A)(ii)
and §290.122(c)(2)(A) and THSC, §341.033(d), by failing to conduct
routine bacteriological monitoring and provide public notification; PENALTY:
$2,923; ENFORCEMENT COORDINATOR: Yuliya Dunaway, (210) 490-3096; REGIONAL
OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.
(21) COMPANY: Robert C. Manning; DOCKET NUMBER: 2006-0928-PWS-E; IDENTIFIER:
RN103628053; LOCATION: Evant, Coryell County, Texas; TYPE OF FACILITY: public
water supply; RULE VIOLATED: 30 TAC §30.5(a), by failing to obtain a
required occupational license; PENALTY: $210; ENFORCEMENT COORDINATOR: Melissa
Keller, (512) 239-1768; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco,
Texas 76710-7826, (254) 751-0335.
(22) COMPANY: NASIB, Inc. dba Discount Food Mart; DOCKET NUMBER: 2006-0192-PST-E;
IDENTIFIER: RN101433167; LOCATION: Euless, Tarrant County, Texas; TYPE OF
FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED:
30 TAC §334.49(c)(4) and the Code, §26.3475(d), by failing to have
the cathodic protection system inspected and tested for operability and adequacy;
30 TAC §334.50(a)(1)(A), (b)(2), and (b)(2)(A)(i)(III) and the Code, §26.3475(a)
and (c)(1), by failing to provide a release detection method capable of detecting
a release from any portion of the UST system, by failing to provide release
detection for the piping associated with the USTs, and by failing to test
the line leak detectors; 30 TAC §115.248(1) and THSC, §382.085(b),
by failing to make every current employee aware of the purposes and correct
operating procedures of the Stage II vapor recovery system; 30 TAC §115.245(2)
and THSC, §382.085(b), by failing to verify proper operation of the Stage
II equipment; and 30 TAC §115.242(3)(A) and THSC, §382.085(b), by
failing to maintain the Stage II vapor recovery system in proper operating
condition; PENALTY: $6,080; ENFORCEMENT COORDINATOR: Judy Kluge, (817) 588-5800;
REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(23) COMPANY: National Oilwell Varco, L.P.; DOCKET NUMBER: 2006-0285-AIR-E;
IDENTIFIER: RN100215268; LOCATION: Houston, Harris County, Texas; TYPE OF
FACILITY: pipe coating; RULE VIOLATED: 30 TAC §§106.261, 106.262,
and 116.115(b)(2)(F), New Source Review Permit Number 7171, General Condition
No. 8, and THSC, §382.085(b), by failing to comply with authorized emission
limits; and 30 TAC §116.115(c) and THSC, §382.085(b), by failing
to store all cleanup cloths, sponges, or other materials which have the potential
to emit volatile organic compounds, in closed containers; PENALTY: $68,500;
ENFORCEMENT COORDINATOR: Mac Vilas, (512) 239-2557; REGIONAL OFFICE: 5425
Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(24) COMPANY: Rall Management, Inc. dba Sunmart 435; DOCKET NUMBER: 2006-0943-PST-E;
IDENTIFIER: RN102060092; LOCATION: Conroe, Montgomery County, Texas; TYPE
OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED:
30 TAC §334.50(b)(1)(A), by failing to provide release detection; PENALTY:
$1,750; ENFORCEMENT COORDINATOR: Melissa Keller, (512) 239-1768; REGIONAL
OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(25) COMPANY: City of Rhome; DOCKET NUMBER: 2005-0902-MWD-E; IDENTIFIER:
RN102701620; LOCATION: Rhome, Wise County, Texas; TYPE OF FACILITY: wastewater
treatment; RULE VIOLATED: 30 TAC §305.125(1) and (17), TPDES Permit Number
10701002, Final Effluent Limitations and Monitoring Requirements Numbers 1
and 2 and Sludge Provisions, and the Code, §26.121(a), by failing to
comply with permitted effluent limits for CBOD5 and chlorine and by failing
to submit the annual sludge report; PENALTY: $29,165; ENFORCEMENT COORDINATOR:
Laurie Eaves, (512) 239-4495; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth,
Texas 76118-6951, (817) 588-5800.
(26) COMPANY: City of Rosenberg; DOCKET NUMBER: 2006-0436-MWD-E; IDENTIFIER:
RN103134110; LOCATION: Rosenberg, Fort Bend County, Texas; TYPE OF FACILITY:
wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1) and (9)(A) and §319.7(d)
and TPDES Permit Number WQ0010607004, Other Requirements Number 7, Monitoring
and Reporting Requirements Number 1 and Monitoring Requirements Number 1,
and the Code, §26.121(a), by failing to notify the TCEQ of the completion
and activation of the facility, by failing to submit the discharge monitoring
reports for February 2004 through December 2005, by failing to maintain compliance
with the permit effluent limits, by failing to maintain compliance with the
TSS limitations, and by failing to submit noncompliance notification reports
for the TSS violations; PENALTY: $12,750; ENFORCEMENT COORDINATOR: Catherine
Albrecht, (713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston,
Texas 77023-1486, (713) 767-3500.
(27) COMPANY: Ruben D. Serna; DOCKET NUMBER: 2006-0895-MSW-E; IDENTIFIER:
RN104960182; LOCATION: Hebbronville, Jim Hogg County, Texas; TYPE OF FACILITY:
municipal solid waste; RULE VIOLATED: 30 TAC §30.5(a), by failing to
obtain a required occupational license; PENALTY: $210; ENFORCEMENT COORDINATOR:
Melissa Keller, (512) 239-1768; REGIONAL OFFICE: 1804 West Jefferson Avenue,
Harlingen, Texas 78550-5247, (956) 425-6010.
(28) COMPANY: Texas Instruments Incorporated; DOCKET NUMBER: 2006-0430-IWD-E;
IDENTIFIER: RN101717999; LOCATION: Stafford, Fort Bend County, Texas; TYPE
OF FACILITY: manufacturing facility for semiconductor and related devices;
RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number 01225, Effluent
Limitations and Monitoring Requirements Numbers 1 and 2, and the Code, §26.121(a),
by failing to comply with the permitted effluent limits for chemical oxygen
demand, oil and grease, pH, and NH3N; PENALTY: $19,040; ENFORCEMENT COORDINATOR:
Craig Fleming, (512) 239-5806; REGIONAL OFFICE: 5425 Polk Avenue, Suite H,
Houston, Texas 77023-1486, (713) 767-3500.
(29) COMPANY: Three Rivers Flying Service Co., Inc.; DOCKET NUMBER: 2006-0538-PST-E;
IDENTIFIER: RN100672690; LOCATION: San Angelo, Tom Green County, Texas; TYPE
OF FACILITY: flying service; RULE VIOLATED: 30 TAC §37.815(a) and (b),
by failing to demonstrate acceptable financial assurance; and 30 TAC §334.51(b)(2)(B)
and the Code, §26.3475(c)(2), by failing to equip the UST fill tube with
a spill container or catchment basin; PENALTY: $1,200; ENFORCEMENT COORDINATOR:
Christina Martinez, (512) 239-0739; REGIONAL OFFICE: 622 South Oakes, Suite
K, San Angelo, Texas 76903-7013, (915) 655-9479.
(30) COMPANY: Timpson Independent School District; DOCKET NUMBER: 2005-0778-PST-E;
IDENTIFIER: Petroleum Storage Tank Facility Identification Number 31443, RN101759199;
LOCATION: Timpson, Shelby County, Texas; TYPE OF FACILITY: fuel tanks for
school district vehicles; RULE VIOLATED: 30 TAC §334.8(c)(5)(A)(i) and
(B) and the Code, §26.3467(a), by failing to possess a valid delivery
certificate and by failing to submit timely and complete UST registration
and self-certification renewal forms; and 30 TAC §334.50(a)(1)(A) and
the Code, §26.3475(c)(1), by failing to provide a release detection method
for the UST system; PENALTY: $5,100; ENFORCEMENT COORDINATOR: John Barry,
(409) 898-3838; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892,
(409) 898-3838.
(31) COMPANY: T.O.P. Ministries, Inc.; DOCKET NUMBER: 2006-0412-PWS-E;
IDENTIFIER: RN101273746; LOCATION: San Antonio, Bexar County, Texas; TYPE
OF FACILITY: church with public water supply; RULE VIOLATED: 30 TAC §290.109(c)(2)(F),
(c)(3)(A)(ii) and (f)(3), §290.122(b)(2)(B) and (c)(2)(B), and THSC, §341.031(a)
and §341.033(d), by failing to collect at least five routine samples
following a total coliform positive result, by failing to submit routine bacteriological
samples, by failing to collect four repeat samples for each total coliform
positive sample found, by failing to provide public notice of failure to collect
repeat samples, and by exceeding the maximum contaminant level for total coliform;
PENALTY: $2,188; ENFORCEMENT COORDINATOR: Yuliya Dunaway, (210) 490-3096;
REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.
(32) COMPANY: Vanity Homes, LLC; DOCKET NUMBER: 2006-0413-WQ-E; IDENTIFIER:
RN104915236; LOCATION: Houston, Montgomery County, Texas; TYPE OF FACILITY:
construction site; RULE VIOLATED: 30 TAC §281.25(a)(4) and 40 CFR §122.26(c),
by failing to obtain authorization to discharge storm water associated with
construction activities; PENALTY: $2,160; ENFORCEMENT COORDINATOR: Merrilee
Hupp, (512) 239-4490; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston,
Texas 77023-1486, (713) 767-3500.
TRD-200603789
Stephanie Bergeron Perdue
Deputy Director, Office of Legal Services
Texas Commission on Environmental Quality
Filed: July 18, 2006
The Texas Commission on Environmental Quality adopted 30 TAC §111.203
and §111.209, concerning outdoor burning. The notice of adoption appeared
in the July 14, 2006, issue of the
Texas Register
(31 TexReg 5654).
In the preamble on page 5655, the first paragraph under
Background
contained typographical errors. The sentence should read
as follows.
"In September 1996 (21 TexReg 8505), the commission approved revisions
to the Texas outdoor burning regulations by repealing §§111.101,
111.103, 111.105, and 111.107 and adopting §§111.201, 111.203, 111.205,
111.207, 111.209, 111.211, 111.213, 111.215, 111.219, and 111.221."
TRD-200603822
Notices mailed July 18, 2006
TCEQ Internal Control No. 05232006-D01; Bright Star-Salem Water Supply
Corporation (Petitioner) has filed a petition with the Texas Commission on
Environmental Quality (TCEQ) to convert Bright Star-Salem Water Supply Corporation
to Bright Star-Salem Special Utility District (District) and to transfer Certificate
of Convenience and Necessity (CCN) No. 10404 from Bright Star-Salem Water
Supply Corporation to Bright Star-Salem Special Utility District. Bright Star-Salem
Special Utility District's business address will be: 238 N. Osborn St; Alba,
Texas 75410. The petition was filed pursuant to Chapters 13 and 65 of the
Texas Water Code; 30 Texas Administrative Code Chapters 291 and 293; and the
procedural rules of the TCEQ. The proposed District is located in Wood and
Rains Counties and will contain approximately 62.57 square miles. The territory
to be included within the proposed District includes all of the singularly
certified service area covered by CCN No. 10404. CCN No. 10404 will be transferred
after a positive confirmation election.
TCEQ Internal Control No. 07032006-D04; 2004 Mustang Creek, Ltd. (Petitioner)
filed a petition for creation of Brazoria County Municipal Utility District
No. 39 (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 lienholder, Wachovia Bank, N.A, 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 513.95 acres located within Brazoria County,
Texas; and (4) the proposed District is within the extraterritorial jurisdiction
of the City of Manvel, 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 Resolution No. 2006-R-05, effective May
8, 2006, the City of Manvel, Texas, gave its consent to the creation of the
proposed District. 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 $34,500,000.
TCEQ Internal Control No. 07032006-D03; 2004 Mustang Creek, Ltd. (Petitioner)
filed a petition for creation of Brazoria County Municipal Utility District
No. 40 (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 lienholder, Wachovia Bank, N.A, 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 454.45 acres located within Brazoria County,
Texas; and (4) the proposed District is within the extraterritorial jurisdiction
of the City of Manvel, 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 Resolution No. 2006-R-06, effective May
8, 2006, the City of Manvel, Texas, gave its consent to the creation of the
proposed District. 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 $23,000,000.
INFORMATION SECTION
To view the complete issued notices, view the notices 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. When
searching the web site, type in the issued date range shown at the top of
this document to obtain search results.
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-200603805
LaDonna Castañuela
Chief Clerk
Texas Commission on Environmental Quality
Filed: July 19, 2006
The Texas Commission on Environmental Quality (TCEQ or commission) staff
is providing an opportunity for written public comment on the listed Default
Orders (DOs). The commission staff proposes a DO when the staff has sent an
executive director's preliminary report and petition (EDPRP) to an entity
outlining the alleged violations; the proposed penalty; and the proposed technical
requirements necessary to bring the entity back into compliance; and the entity
fails to request a hearing on the matter within 20 days of its receipt of
the EDPRP. Similar to the procedure followed with respect to Agreed Orders
entered into by the executive director of the commission, in accordance with
Texas Water Code (TWC), §7.075, this notice of the proposed order and
the opportunity to comment is published in the
Texas
Register
no later than the 30th day before the date on which the public
comment period closes, which in this case is
August
28, 2006
. The commission will consider any written comments received
and the commission may withdraw or withhold approval of a DO if a comment
discloses facts or considerations that indicate that consent to the proposed
DO is inappropriate, improper, inadequate, or inconsistent with the requirements
of the statutes and rules within the commission's jurisdiction, or the commission's
orders and permits issued in accordance with the commission's regulatory authority.
Additional notice of changes to a proposed DO is not required to be published
if those changes are made in response to written comments.
A copy of each proposed DO is available for public inspection at both the
commission's central office, located at 12100 Park 35 Circle, Building A,
3rd Floor, Austin, Texas 78753, (512) 239-3400 and at the applicable regional
office listed as follows. Written comments about the DO should be sent to
the attorney designated for the DO at the commission's central office at P.O.
Box 13087, MC 175, Austin, Texas 78711-3087 and must be
received by 5:00 p.m. on August 28, 2006
. Comments may also be sent
by facsimile machine to the attorney at (512) 239-3434. The commission's attorneys
are available to discuss the DOs and/or the comment procedure at the listed
phone numbers; however, comments on the DOs shall be submitted to the commission
in
writing
.
(1) COMPANY: Deer Park Business, Inc. dba Fuel Expo; DOCKET NUMBER: 2004-0423-PST-E;
TCEQ ID NUMBERS: 35149 and RN102369162; LOCATION: 101 West San Augustine Street,
Deer Park, Harris County, Texas; TYPE OF FACILITY: underground storage tank
(UST); RULES VIOLATED: 30 TAC §334.8(c)(5)(A)(i) and Texas Water Code
(TWC), §26.3467(a), by failing to make available to a common carrier
a valid, current delivery certificate for the UST before accepting delivery
of a regulated substance; 30 TAC §334.8(c)(3) and (4), by failing to
timely submit to the agency a UST registration and self-certification form,
that is accurate and complete; 30 TAC §334.7(a), (c), and (e), by failing
to register the new or replacement UST within 30 days after the date a regulated
substance is placed into the tank; 30 TAC §334.6(b)(2)(A), by failing
to file a written notification form with the TCEQ at least 30 days prior to
initiating a major UST construction activity; 30 TAC §334.10(b), by failing
to develop and maintain all required UST records at the facility; 30 TAC §334.51(b)(2)(C),
by failing to equip tank 2B (containing diesel fuel) with overfill prevention
equipment; PENALTY: $6,300; STAFF ATTORNEY: Rebecca Davis, Litigation Division,
MC 175, (512) 239-5487; REGIONAL OFFICE: Houston Regional Office, 5425 Polk
Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(2) COMPANY: ECO Himal Incorporated dba Denton Food Mart; DOCKET NUMBER:
2005- 1832-PST-E; TCEQ ID NUMBER: RN101447076; LOCATION: 4101 Denton Highway,
Haltom City, Tarrant County, Texas; TYPE OF FACILITY: convenience store with
retail sales of gasoline; RULES VIOLATED: 30 TAC §334.51(b)(2)(C) and
TWC, §26.3475(c)(2), by failing to equip each UST with a valve or other
device designed to automatically shut off the flow of regulated substances
into the tank when the liquid level in the tank reaches a preset level no
higher than the 95% capacity level for the tank; 30 TAC §334.50(b)(1)(A),
(b)(2)(A)(i)(III), and (d)(1)(B)(ii) and TWC, §26.3475(a) and (c)(1),
by failing to monitor the USTs for releases at a frequency of at least once
per month, by failing to test the line leak detector at least once per year
for performance and operational reliability and by failing to conduct reconciliation
of detailed inventory control records at least once a month, sufficiently
accurate to detect a release as small as the sum of 1.0% of the total substance
flow through for the month plus 130 gallons; PENALTY: $3,570; STAFF ATTORNEY:
Robert Mosley, Litigation Division, MC 175, (512) 239-0627; REGIONAL OFFICE:
Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951,
(817) 588-5800.
(3) COMPANY: Fuller Oil Co., Inc. dba Country Corner; DOCKET NUMBER: 2005-0581-PST-E;
TCEQ ID NUMBERS: RN102441706; LOCATION: Intersection of Highway 146 and Highway
787, Rye, Liberty County, Texas; TYPE OF FACILITY: convenience store with
retail sales of gasoline; RULES VIOLATED: 30 TAC §37.815(a) and (b),
by failing to demonstrate acceptable financial assurance for taking corrective
action and for compensating third parties for bodily injury and property damage
caused by accidental releases arising from the operation of petroleum USTs;
30 TAC §334.22(a) and §334.128(a) and TWC, §5.702, by failing
to pay outstanding fees; PENALTY: $3,150; STAFF ATTORNEY: Rebecca Davis, Litigation
Division, MC 175, (512) 239-5487; REGIONAL OFFICE: Houston Regional Office,
5425 Polk Avenue, Suite H, Houston, Texas 77023- 1486, (713) 767-3500.
(4) COMPANY: Gita K. Samadi dba Joe's Country Store; DOCKET NUMBER: 2005-0825-PST-E;
TCEQ ID NUMBER: RN101549178; LOCATION: 7616 North Main Street, The Colony,
Denton County, Texas; TYPE OF FACILITY: convenience store with retail sales
of gasoline; RULES VIOLATED: 30 TAC §37.815(a) and (b), by failing to
provide acceptable financial assurance for taking corrective action and for
compensating third parties for bodily injury and property damage caused by
accidental releases arising from the operation of petroleum USTs; PENALTY:
$3,210; STAFF ATTORNEY: Rebecca Davis, Litigation Division, MC 175, (512)
239-5487; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel
Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(5) COMPANY: Guru Rakha, Inc. dba Speedy Mart; DOCKET NUMBER: 2005-0118-PST-E;
TCEQ ID NUMBERS: 35292 and RN101835825; LOCATION: 2050 Bingle Road, Houston,
Harris County, Texas; TYPE OF FACILITY: convenience store with retail sales
of gasoline; RULES VIOLATED: 30 TAC §37.815(a) and (b), by failing to
provide acceptable financial assurance for taking corrective action and for
compensating third parties for bodily injury and property damage caused by
accidental releases arising from the operation of petroleum USTs; PENALTY:
$3,150; STAFF ATTORNEY: Laurencia Fasoyiro, Litigation Division, MC R-12,
(713) 422-8914; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Avenue,
Suite H, Houston, Texas 77023-1486, (713) 767- 3500.
(6) COMPANY: Joe Smith; DOCKET NUMBER: 2005-0699-WQ-E; TCEQ ID NUMBER:
RN104459383; LOCATION: 3900 United States Highway 190 West, Livingston, Polk
County, Texas; TYPE OF FACILITY: sand mining operation; RULES VIOLATED: 30
TAC §281.25(a)(4) and 40 Code of Federal Regulations §122.26(a),
by failing to obtain commission authorization to discharge storm water associated
with industrial activity into water in the state through an individual permit
or the Multi-Sector General Permit TXR050000; TWC, §26.121(a), by failing
to prevent the unauthorized discharge of sediment from the facility; PENALTY:
$6,000; STAFF ATTORNEY: Xavier Guerra, Litigation Division, MC R-13, (210)
403-4016; REGIONAL OFFICE: Beaumont Regional Office, 3870 Eastex Freeway,
Beaumont, Texas 77703-1892, (409) 898-3838.
(7) COMPANY: Jose Hurtado and Maria Franco; DOCKET NUMBER: 2005-1999-OSS-E;
TCEQ ID NUMBER: RN103003257; LOCATION: 868 East Laramie Lane, Dallas, Dallas
County, Texas; TYPE OF FACILITY: on-site sewage facility (OSSF); RULES VIOLATED:
30 TAC §285.1(a) and TWC, §26.121(a), by failing to prevent the
unauthorized discharge of wastewater from a failing OSSF; PENALTY: $263; STAFF
ATTORNEY: Robert Mosley, Litigation Division, MC 175, (512) 239-0627; REGIONAL
OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth,
Texas 76118-6951, (817) 588-5800.
(8) COMPANY: Ricardo Ortega dba Ortega's Trees and Landscaping; DOCKET
NUMBER: 2003- 0543-LII-E; TCEQ ID NUMBERS: 8904-1033-J and RN103126249; LOCATION:
509 West Interstate Highway 10, Sequin, Guadalupe County, Texas; TYPE OF FACILITY:
landscape irrigation system; RULES VIOLATED: 30 TAC §30.5(a) and (b)
and §344.4(a); Texas Occupations Code, §1903.251; and TWC, §37.003,
by failing to obtain a license issued by the commission to sell or install
an irrigation system at the site on or before December 3, 2001; PENALTY: $250;
STAFF ATTORNEY: Laurencia Fasoyiro, Litigation Division, MC R-12, (713) 422-8914;
REGIONAL OFFICE: San Antonio Regional Office, 14250 Judson Road, San Antonio,
Texas 78233-4480, (210) 490-3096.
TRD-200603786
Mary Risner
Director, Litigation Division
Texas Commission on Environmental Quality
Filed: July 18, 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 (TWC), §7.075. Section
7.075 requires that before the commission may approve the AOs, the commission
shall allow the public an opportunity to submit written comments on the proposed
AOs. Section 7.075 requires that notice of the opportunity to comment must
be published in the
Texas Register
no later
than the 30th day before the date on which the public comment period closes,
which in this case is
August 28, 2006
. Section
7.075 also requires that the commission promptly consider any written comments
received and that the commission may withdraw or withhold approval of an AO
if a comment discloses facts or considerations that indicate that consent
is inappropriate, improper, inadequate, or inconsistent with the requirements
of the statutes and rules within the commission's jurisdiction or the commission's
orders and permits issued in accordance with the commission's regulatory authority.
Additional notice of changes to a proposed AO is not required to be published
if those changes are made in response to written comments.
A copy of each proposed AO is available for public inspection at both the
commission's central office, located at 12100 Park 35 Circle, Building A,
3rd Floor, Austin, Texas 78753, (512) 239-3400 and at the applicable regional
office listed as follows. Written comments about an AO should be sent to the
attorney designated for the AO at the commission's central office at P.O.
Box 13087, MC 175, Austin, Texas 78711-3087 and must be
received by 5:00 p.m. on August 28, 2006
. Comments may also be sent
by facsimile machine to the attorney at (512) 239-3434. The designated attorney
is available to discuss the AO and/or the comment procedure at the listed
phone number; however, §7.075 provides that comments on an AO shall be
submitted to the commission in
writing
.
(1) COMPANY: Belvan Corp.; DOCKET NUMBER: 2002-0898-AIR-E; TCEQ ID NUMBERS:
CZ0000-F and RN100214022; LOCATION: six miles east of the intersection of
State Highway 137 and United States Highway 190 near Ozona, Crockett County,
Texas; TYPE OF FACILITY: natural gas processing plant; RULES VIOLATED: 30
TAC §122.145(2)(A) and Texas Health and Safety Code (THSC), §382.085(b),
by failing to submit a complete and accurate deviation report by January 1,
2002; 30 TAC §101.20(1); General Operating Permit No. 514, Special Condition
No. (c)(11); 40 Code of Federal Regulations (CFR) §60.632(a); and THSC, §382.085(b),
by failing to conduct the fugitive emissions leak detection and repair program
in accordance with New Source Performance Standard, Subpart KKK; 30 TAC §116.115(c)
and §101.20(1); General Operating Permit No. 514, Condition (c)(13);
TCEQ Permit No. 9824A, Special Condition (SC) No. 7; 40 CFR §60.642(b)
and THSC, §382.085(b), by failing to comply with the required minimum
sulfur dioxide emission reduction efficiency; 30 TAC §106.512(2)(C)(iii);
General Operating Permit No. 514, Condition (b)(4)(A); and THSC, §382.085(b),
by failing to conduct an initial performance test within 60 days of the initial
start-up of an engine; 30 TAC §111.111(a)(4)(A)(ii); General Operating
Permit No. 514, Condition (c)(4); and THSC, §382.085(b), by failing to
maintain a daily flare operation log that denotes when the process flare was
observed and whether or not it was smoking; 30 TAC §116.115(b)(2)(H);
General Operating Permit No. 514, Condition (b)(4)(A); and THSC, §382.085(b),
by failing to maintain all air pollution emission capture and abatement equipment
in good working order; 30 TAC §122.145(2)(A) and (C); General Operating
Permit No. 514, Condition (b)(2); and THSC, §382.085(b), by failing to
report all instances of deviations for the periods of December 3, 2001 - June
2, 2002; June 3 - December 2, 2002; and December 3, 2002 - June 2, 2003; 30
TAC §122.146(2); General Operating Permit No. 514, Condition (b)(2);
and THSC, §382.085(b), by failing to submit a compliance certification
report within 30 days after the certification period; 30 TAC §122.503(a)(1)
and (c)(2); General Operating Permit No. 514, Condition (b)(1); and THSC, §382.085(b),
by failing to submit a revised general operating permit application prior
to the operation of a change in applicability determinations at a site; PENALTY:
$48,900; STAFF ATTORNEY: Alfred Okpohworho, Litigation Division, MC R-12,
(713) 422-8918; REGIONAL OFFICE: San Angelo Regional Office, 622 South Oakes,
Suite K, San Angelo, Texas 76903-7013, (915) 655-9479.
(2) COMPANY: Chong Bai Xia dba Twin Lakes Water Co.; DOCKET NUMBER: 2005-0732-PWS-E;
TCEQ ID NUMBER: RN101453512; LOCATION: 6495 Appian Way, Fort Worth, Tarrant
County, Texas; TYPE OF FACILITY: public water system; RULES VIOLATED: 30 TAC §290.109(c)(2)(A)(ii)
and (g)(4), §290.122(c)(2)(A) and THSC, §341.033(d), by failing
to collect and submit monthly routine water samples and by failing to post
public notice related to the failure to sample; 30 TAC §290.109(c)(3)(A)(ii),
(c)(2)(F), and (g)(4) and §290.122(c)(2)(A), by failing to collect and
submit repeat samples following a coliform positive result and the required
number of additional samples following a month in which a coliform-positive
sample was obtained and by failing to post public notice related to the failure
to sample; 30 TAC §290.109(f)(3) and (g)(4), §290.122(b)(2)(A) and
THSC, §341.031(a), by exceeding a maximum contaminant level (MCL) in
June 2004, and by failing to post notice for exceeding an MCL; PENALTY: $1,220;
STAFF ATTORNEY: Kari Gilbreth, Litigation Division, MC 175, (512) 239-1320;
REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort
Worth, Texas 76118-6951, (817) 588-5800.
(3) COMPANY: Diana Shane dba Town & Country Grocery; DOCKET NUMBER:
2005-0186-PST-E; TCEQ ID NUMBER: RN102058831; LOCATION: 1506 North Johnson
Street, Greenville, Hunt County, Texas; TYPE OF FACILITY: convenience store
with retail sales of gasoline; RULES VIOLATED: 30 TAC §37.815(a) and
(b), by failing to provide acceptable financial assurance for taking corrective
action and for compensating third parties for bodily injury and property damage
caused by accidental releases from the operation of petroleum underground
storage tanks (USTs); PENALTY: $760; STAFF ATTORNEY: Deanna Sigman, Litigation
Division, MC 175, (512) 239-0619; REGIONAL OFFICE: Dallas-Fort Worth Regional
Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(4) COMPANY: Haafiz & Aman, Inc.; DOCKET NUMBER: 2003-1195-PST-E; TCEQ
ID NUMBER: RN101794758; LOCATION: 3110 16th Street, Orange County, Texas;
TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED:
30 TAC §334.50(b)(1)(A) and Texas Water Code (TWC), §26.3475(c)(1),
by failing to monitor for releases from the USTs once per month, not to exceed
35 days; PENALTY: $1,300; STAFF ATTORNEY: Xavier Guerra, Litigation Division,
MC R-13, (210) 403-4016; REGIONAL OFFICE: Beaumont Regional Office, 3870 Eastex
Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.
(5) COMPANY: Maks Corporation, Inc. dba Quick & Easy 2; DOCKET NUMBER:
2005-0142-PST-E; TCEQ ID NUMBERS: RN101810687; LOCATION: 4014 Highway 59 Loop
North, Wharton, Wharton County, Texas; TYPE OF FACILITY: convenience store
with retail sales of gasoline; RULES VIOLATED: 30 TAC §37.815(a) and
(b), by failing to demonstrate acceptable financial assurance for taking corrective
action and for compensating third parties for bodily injury and property damage
caused by accidental releases arising from the operation of petroleum USTs;
30 TAC §334.22(a) and TWC, §5.702, by failing to pay UST fees and
associated late fees for TCEQ Account Number 000054134U for Fiscal Year 2005;
PENALTY: $5,360; STAFF ATTORNEY: Kathleen Decker, Litigation Division, MC
175, (512) 239-6500; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Avenue,
Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(6) COMPANY: Michael Sargeant dba Sargeant's Wholesale Biologicals; DOCKET
NUMBER: 2005-0556-AIR-E; TCEQ ID NUMBER: RN103179925; LOCATION: 29155 Noll
Road, Boerne, Bexar County, Texas; TYPE OF FACILITY: animal embalming plant;
RULES VIOLATED: 30 TAC §116.110(a)(1) and (4), and THSC, §382.085(b)
and §382.0518(a), by failing to obtain a New Source Review (NSR) permit
prior to operating the plant; and 30 TAC §101.4, and THSC, §382.085(b),
by failing to prevent a discharge of one or more air contaminants in such
concentration and of such duration that the contaminants interfere with the
normal use and enjoyment of animal life, vegetation, or property; PENALTY:
$6,630; STAFF ATTORNEY: Xavier Guerra, Litigation Division, MC R-13, (210)
403-4016; REGIONAL OFFICE: San Antonio Regional Office, 14250 Judson Road,
San Antonio, Texas 78233-4480, (210) 490-3096.
(7) COMPANY: Moghul Empire Inc. dba Kolkhorst - Ali 12; DOCKET NUMBER:
2005-0891-PST-E; TCEQ ID NUMBER: RN102044096; LOCATION: 3324 Robinson Drive,
Waco, McLennan County, Texas; TYPE OF FACILITY: convenience store with retail
sales of gasoline; RULES VIOLATED: 30 TAC §334.10(b), by failing to have
required UST records maintained and readily accessible for inspection upon
request by a representative of the TCEQ; 30 TAC §334.7(d)(3), by failing
to amend the registration within 30 days of any change to reflect the current
status of the UST system; 30 TAC §334.8(c)(5)(C), by failing to label
the USTs according to the registration and self-certification form; 30 TAC §334.49(c)(2)(C)
and (c)(4) and TWC, §26.3475(d), by failing to inspect the cathodic protection
system at least once every 60 days and to test the system at least once every
three years for proper operability; 30 TAC §334.50(b)(1)(A) and (b)(2)(A)(i)(III)
and TWC, §26.3475(a) and (c)(1), by failing to monitor the USTs for releases
at a frequency of at least once every month and to have the line leak detectors
tested at least once per year for performance and operational reliability;
PENALTY: $7,455; STAFF ATTORNEY: Rebecca Davis, Litigation Division, MC 175,
(512) 239-5487; REGIONAL OFFICE: Waco Regional Office, 6801 Sanger Avenue,
Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.
(8) COMPANY: Redford Water Supply; DOCKET NUMBER: 2005-1074-PWS-E; TCEQ
ID NUMBERS: 1890012 and RN101266054; LOCATION: State Highway 170, 16 miles
east of Presidio, Presidio County, Texas; TYPE OF FACILITY: public water system;
RULES VIOLATED: 30 TAC §290.109(c)(2)(A)(i) and THSC, §341.033(d),
by failing to collect and submit monthly water samples for bacteriological
analysis for the months of February, March, and July 2003, and December 2004
and January 2005; PENALTY: $1,600; STAFF ATTORNEY: Rebecca Davis, Litigation
Division, MC 175, (512) 239-5487; REGIONAL OFFICE: El Paso Regional Office,
401 East Franklin Avenue, Suite 560, El Paso, Texas 79901-1212, (915) 834-4949.
(9) COMPANY: Sabina Petrochemicals LLC; DOCKET NUMBER: 2005-0456-AIR-E;
TCEQ ID NUMBER: RN100216977; LOCATION: 2700 Highway 366, Port Arthur, Jefferson
County, Texas; TYPE OF FACILITY: petrochemical manufacturing plant; RULES
VIOLATED: 30 TAC §101.20(3), and §116.115(b)(2)(F) and (c); Permit
No. 41945/ PSD-TX-950/N 018; and THSC, §382.085(b), by failing to maintain
a volatile organic compounds (VOC) emission rate below the allowable limit
for the High Pressure Flare (emission point number (EPN) P-7, Incident No.
38454); 30 TAC §101.20(3), and §116.115(b)(2)(F) and (c); Permit
No. 41945/ PSD-TX-950/N-018, SC No. 1; and THSC, §382.085(b), by failing
to maintain a VOC emission rate below the allowable emission limit for the
Low Pressure Flare (EPN P-6, Incident No. 39496); 30 TAC §101.20(3) and §116.115(b)(2)(F)
and (c); Permit No. 41945/PSD-TX-950/N-018, SC No. 1; and THSC, §382.085(b),
by failing to maintain an emission rate below the allowable emission limits
for the Low Pressure Flare (EPN P-6, Incident No. 39497); 30 TAC §101.20(3)
and §116.115(b)(2)(F) and (c); Permit No. 41945/PSD-TX-950/N-018, SC
No. 1; and THSC, §382.085(b), by failing to maintain an emission rate
below the allowable emission limits from the Flow Valve at the Crude C4 Line
in the C4 Complex (Incident 47680); 30 TAC §101.20(3) and §116.115(b)(2)(F)
and (c); Permit No. 41945/PSD-TX-950/N-018, SC No.1; and THSC, §382.085(b),
by failing to maintain an emission rate below the allowable emission limits
from the High Pressure Flare (EPN P-7, Incident 38856); 30 TAC §101.20(3)
and §116.115(b)(2)(F) and (c); Permit No. 41945/PSD-TX-950/N-018, SC
No. 1; and THSC, §382.085(b), by failing to maintain an emission rate
below the allowable emission limits from the High Pressure Flare (EPN P-7,
Incident 38862); 30 TAC §101.20(3) and §116.115(b)(2)(F) and (c);
Permit No. 41945/PSD-TX-950/N-018, SC No. 1; and THSC, §382.085(b), by
failing to maintain an emission rate below the allowable emission limits from
the Low Pressure Flare (EPN P-6, Incident 38857); 30 TAC §101.20(3) and §116.115(b)(2)(F)
and (c); Permit No. 41945/PSD-TX-950/N-018, SC No. 1; and THSC, §382.085(b),
by failing to maintain an emission rate below the allowable emission limits
from the Low Pressure Flare (EPN P-6, Incident 38858); 30 TAC §101.20(3)
and §116.115(b)(2)(F) and (c); Permit No. 41945/PSD-TX-950/N-018, SC
No. 1; and THSC, §382.085(b), by failing to maintain an emission rate
below the allowable emission limits from the Low Pressure Flare (EPN P-6,
Incident 38860); 30 TAC §101.20(3) and §116.115(b)(2)(F) and (c);
Permit No. 41945/PSD-TX-950/N-018, SC No. 1; and THSC, §382.085(b), by
failing to maintain an emission rate below the allowable emission limits from
the Low Pressure Flare (EPN P-6, Incident 38861); 30 TAC §101.20(3) and §116.115(b)(2)(F)
and (c); Permit No. 41945/PSD-TX-950/N-018, SC No. 1, and THSC, §382.085(b),
by failing to maintain an emission rate below the allowable emission limits
from the Low Pressure Flare (EPN P-6, Incident 43641); 30 TAC §101.20(3)
and §116.115(b)(2)(F) and (c); Permit No. 41945/PSD-TX-950/N-018, SC
No. 1; and THSC, §382.085(b), by failing to maintain an emission rate
below the allowable emission limits from the Low Pressure Flare (EPN P-6,
Incident 43644); 30 TAC §101.20(3) and §116.115(b)(2)(F) and (c);
Permit No. 41945/PSD-TX-950/N-018, SC No. 1; and THSC, §382.085(b), by
failing to maintain an emission rate below the allowable emission limits from
the Low Pressure Flare (EPN P-6, Incident 43650); 30 TAC §101.20(3) and §116.115(b)(2)(F)
and (c); Permit No. 41945/PSD-TX-950/N-018, SC No. 1; and THSC, §382.085(b),
by failing to maintain an emission rate below the allowable emission limits
from the High Pressure Flare (EPN P-7, Incident 56391); 30 TAC §101.20(3)
and §116.115(b)(2)(F) and (c); Permit No. 41945/PSD-TX-950/N-018, SC
No. 1; and THSC, §382.085(b), by failing to maintain an emission rate
below the allowable emission limits from the High Pressure Flare (EPN P-7,
Incident 56392); PENALTY: $33,275; STAFF ATTORNEY: Kathleen Decker, Litigation
Division, MC 175, (512) 239-6500; REGIONAL OFFICE: Beaumont Regional Office,
3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.
(10) COMPANY: Sam Lakhani dba SLR Grocery; DOCKET NUMBER: 2004-0806-PST-E;
TCEQ ID NUMBER: RN101697639; LOCATION: 6004 Lohmans Ford Road, Lago Vista,
Travis County, Texas; TYPE OF FACILITY: convenience store with retail sales
of gasoline; RULES VIOLATED: 30 TAC §334.49(c)(2)(C) and (c)(4)(C), by
failing to inspect and test the corrosion protection equipment and by failing
to ensure that the rectifier and other system components are operating properly;
PENALTY: $2,550; STAFF ATTORNEY: Amie Richardson, Litigation Division, MC
175, (512) 239-2999; REGIONAL OFFICE: Austin Regional Office, 1921 Cedar Bend
Drive, Suite 150, Austin, Texas 78758-5336, (512) 339-2929.
(11) COMPANY: Sultana Interstate Inc. dba Handi Stop 50; DOCKET NUMBER:
2005-1558-PST-E; TCEQ ID NUMBER: RN101749554; LOCATION: 2230 Wirt Road, Houston,
Harris County, Texas; TYPE OF FACILITY: convenience store with retail sales
of gasoline; RULES VIOLATED: 30 TAC §37.815(a) and (b), by failing to
demonstrate acceptable financial assurance for taking corrective action and
for compensating third parties for bodily injury and property damage caused
by accidental releases arising from the operation of its petroleum USTs; PENALTY:
$3,210; STAFF ATTORNEY: Kari Gilbreth, Litigation Division, MC 175, (512)
239-1320; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Avenue, Suite
H, Houston, Texas 77023-1486, (713) 767-3500.
(12) COMPANY: Union Oil Company of California dba Unocal Beaumont Terminal;
DOCKET NUMBER: 2004-1640-AIR-E; TCEQ ID NUMBERS: RN102596210; LOCATION: the
intersection of Highway 366 at Highway 347, Nederland, Jefferson County, Texas;
TYPE OF FACILITY: petroleum storage plant; RULES VIOLATED: 30 TAC §116.115(c)
and § 122.143(4); Air Permit No. 6312, SC 7H; Federal Operating Permit
(FOP) No. 1025, SC 14; and THSC, §382.085(b), by failing to maintain
valves at the marine loading dock in a condition to prevent VOC emissions;
30 TAC §115.212(a)(3)(A)(i) and (a)(3)(B), and §122.143(4); FOP
No. 1025, SC 5(A)(i) and (ii); and THSC, §382.085(b), by failing to equip
liquid lines used for land-based VOC transfers with fittings that make vapor-tight
connections to prevent VOC emissions. Additionally, two not-in-use loading
hoses (Tank 254 Unload and Tank 256 Unload) located at the truck loading rack
("Emission Point TRE01") were leaking VOC from their hose ends; 30 TAC §115.212(a)(3)(A)(ii)
and §122.143(4); FOP No. 1025, SC 5(A)(iii); and THSC, §382.085(b),
by failing to close and to make vapor-tight a portable container used to empty
liquid VOC lines; 30 TAC §115.412(1)(A), (1)(C), and (1)(F); and THSC, §382.085(b),
by failing to operate a cold solvent cleaner/degreaser in accordance with
applicable requirements; 30 TAC §115.132(a)(2) and §122.143(4);
FOP No. 1025, SC 1(A); and THSC, §382.085(b), by failing to seal the
water separation unit compartment to totally enclose the liquid contents and
of all openings so that the separator can hold a vacuum or pressure without
emissions to the atmosphere; 30 TAC §111.111(a)(4)(A)(ii) and §122.143(4);
FOP No. 1025, SC 1(A); and THSC, §382.085(b), by failing to record daily
flare observations between August 10, 2003 - February 9, 2004; 30 TAC §116.115(c)
and §122.143(4); Air Permit No. 6559, SC 1; FOP No. 1025, SC 14; and
THSC, §382.085(b), by failing to notify the TCEQ in writing prior to
conducting cavern fillings/withdrawals with strategic petroleum reserve crude
oil on nine occasions between October 11, 2003 - February 10, 2004; 30 TAC §101.20(1);
40 CFR §60.112b(a)(2)(iii); FOP No. 1025, SC 1(A); and THSC, §382.085(b),
by failing to empty and refill a storage tank (constructed or modified after
July 23, 1984) as rapidly as possible when the external floating roof is resting
on the leg support; 30 TAC §101.20(1) and §122.143(4); 40 CFR §60.112a(a)(1);
FOP No. 1025, SC 1(A); and THSC, §382.085(b), by failing to empty and
refill a storage tank (constructed or modified after May 18, 1978 - July 23,
1984) as rapidly as possible when the external floating roof is resting on
the leg support; 30 TAC §§113.300, 116.115(b)(2)(F), and 122.143(4);
40 CFR §63.562(b)(2); FOP No. 1025, SCs 1(A); and THSC, §382.085(b),
by failing to utilize a vapor recovery system to capture VOC emissions resulting
from marine loading operations to reduce emissions by 97 weight-percent as
required; 30 TAC §116.115(b)(2)(F) and §122.143(4); TCEQ Air Permit
No. 6312, Maximum Allowable Emission Rate Table (MAERT), FOP No. 1025, SC
14; and THSC, §382.085(b), by failing to comply with conditions contained
in the permit MAERT during operations; 30 TAC §113.300 and §122.143(4);
40 CFR §63.563(c)(1); FOP No. 1025, SC 1(A); and THSC, §382.085(b),
by failing to inspect and monitor all ductwork, piping, and connections to
a vapor collection system and control devices once each calendar year; 30
TAC §116.115(c) and §122.143(4); TCEQ Air Permit No. 6312, SC 9H;
FOP No. 1025, SC 14; and THSC, §382.085(b), by failing to repair or replace
one component found to be leaking fugitive emissions in excess of 500 parts
per million by volume (ppmv) within 15 days as required by the NSR Permit;
30 TAC §116.115(c) and §122.143(4); TCEQ Air Permit No. 6559, SC
15H; FOP No. 1025, SC 14; and THSC, §382.085(b), by failing to repair
or replace a component of Tank 122 found to be leaking fugitive emissions
in excess of 500 ppmv within 15 days as required during 2003 - 2004; 30 TAC §122.121;
FOP No. 1025, SC 14; and THSC, §382.085(b), by failing to include the
cold solvent cleaner/degreaser in the FOP No. 1025; 30 TAC §122.143(4)
and §122.145(2)(A) and (2)(C), FOP No. 1025, General Terms and Conditions
(GT and C), and THSC, §382.085(b), by failing to submit a deviation report
no later than 30 days after the end of each reporting period; 30 TAC §101.20(1)
and §122.143(4), 40 CFR §60.112b(a)(2)(iii), FOP No. 1025, Special
Terms and Conditions No. 1.A., and THSC, §382.085(b), by failing to be
continuous (defined as less than or equal to 24 hours) in accomplishing the
process of filling, emptying, and refilling a storage tank equipped with an
external floating roof (constructed or modified after July 23, 1984) as rapidly
as possible; 30 TAC §116.115(c) and §122.143(4), TCEQ Permit No.
56419, SC 3, FOP No. 01025, GT & C, ST & C No. 14, and THSC, §382.085(b),
by failing to abide by the Maximum Allowable Annual Loading Volume for marine
loading as permitted; PENALTY: $79,820; STAFF ATTORNEY: Laurencia Fasoyiro,
Litigation Division, MC R-12, (713) 422-8914; REGIONAL OFFICE: Beaumont Regional
Office, 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.
(13) COMPANY: W&W Fiberglass Tank Company; DOCKET NUMBER: 2004-1427-AIR-E;
TCEQ ID NUMBER: RN102004314; LOCATION: 207 South Price Road, Pampa, Gray County,
Texas; TYPE OF FACILITY: fiberglass tank manufacturing plant; RULES VIOLATED:
30 TAC §116.115(c); TCEQ Permit No. 47294; and THSC, §382.085(b),
by failing to equip the exhaust stack with filters that achieve an arrestance
of at least 95% for all particle sizes; 30 TAC §122.145(2)(C), and §122.146(2)
and THSC, §382.085(b), by failing to submit deviation reports no later
than 30 days after the end of reporting period; and THSC, §370.008 and
TWC, §5.702, by failing to pay past due Toxic Chemical Release fees;
PENALTY: $12,495; STAFF ATTORNEY: Shannon Strong, Litigation Division, MC
175, (512) 239-0972; REGIONAL OFFICE: Amarillo Regional Office, 3918 Canyon
Drive, Amarillo, Texas 79109-4933, (806) 353-9251.
TRD-200603785
Mary Risner
Director, Litigation Division
Texas Commission on Environmental Quality
Filed: July 18, 2006
The following notices were issued during the period of June 29, 2006 through
July 13, 2006.
The following require the applicants to publish notice in the newspaper.
Public comments, 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 THE NOTICE.
AQUA DEVELOPMENT, INC. has applied for a renewal of TPDES Permit No. 14143-001,
which authorizes the discharge of treated domestic wastewater at a daily average
flow not to exceed 450,000 gallons per day. The facility will be located approximately
2 miles west of the City of Justin on Farm-to-Market Road 407 in Denton County,
Texas.
ARKEMA INC. which operates a mercaptans and sulfides manufacturing plant,
has applied for a major amendment to TPDES Permit No. WQ0001872000 to authorize
the discharge of raw water and filtered water via Outfall 201 and to remove
Outfall 101 (and associated regulatory requirements) from the permit. The
current permit authorizes the discharge of untreated storm water runoff, storm
water from the process area (Sulfox) and previously monitored effluents (process
wastewater, boiler blowdown, regenerate water, domestic wastewater, and treated
storm water runoff from internal Outfall 101 and utility wastewater generated
by the reverse osmosis (RO) system and non-contact cooling tower blowdown
from internal Outfall 201) on an intermittent and flow variable basis via
Outfall 001. The facility is located approximately 2.5 miles east of the intersection
of U.S. Highway 90 and State Highway 380, between the Mobil Oil Refinery and
P D Glycol, near the City of Beaumont, Jefferson County, Texas.
CREEK PARK CORPORATION has applied to the Texas Commission on Environmental
Quality (TCEQ) for a renewal of TPDES Permit No. 13868-001, which authorizes
the discharge of treated domestic wastewater at a daily average flow not to
exceed 22,500 gallons per day. TCEQ received this application on March 03,
2006. The facility is located approximately 1 mile east of County Road and
approximately 1.5 miles south of the intersection of County Road 600 and Farm-to-Market
917 in Johnson County, Texas.
DEL GRANDE MOBILE HOME OWNERS' ASSOCIATION, INC. has applied to the Texas
Commission on Environmental Quality (TCEQ) for a new permit, Proposed Permit
No. WQ0014605001, to authorize the disposal of treated domestic wastewater
at a daily average flow not to exceed 18,000 gallons per day via surface irrigation
of 9.5 acres of non-public access pasture land. The facility and disposal
site are located 0.2 mile south of U.S. Highway 90 and 0.3 mile west of Bayview
Road in Val Verde County, Texas. The facility and disposal site are located
in the drainage basin of Eightmile Creek in Segment No. 2304 of the Rio Grande
Basin.
CITY OF ENNIS has applied for a renewal of TPDES Permit No. 10443-002,
which authorizes the discharge of treated domestic wastewater at an annual
average flow not to exceed 3,100,000 gallons per day. The facility is located
approximately 1.5 miles south of the intersection of State Highway 34 and
Farm-to-Market Road 1183, and approximately 2.5 miles south of the intersection
of Interstate Highway 45 and State Highway 34 in Ellis County, Texas.
HEAD FAMILY PARTNERSHIP, LTD, which operates National Truck Stop, a truck
stop consisting of a restaurant, showers, and restrooms, has applied for a
renewal of TPDES Permit No. WQ0003068000, which authorizes the discharge of
treated domestic wastewater and truck wash wastewater at a daily average flow
not to exceed 20, 000 gallons per day via Outfall 001. The facility is located
on the south side of the intersection of Interstate Highway 20 and Farm-to-market
Road 968 approximately 1500 feet east of Loop 281, Harrison County, Texas.
SOUTHWEST FESTIVALS, INC. AND RICHARD KORSH have applied to the Texas Commission
on Environmental Quality (TCEQ) for a new permit, Proposed Permit No. WQ0014665001,
to authorize the disposal of treated domestic wastewater at a daily average
flow not to exceed 17,700 gallons per day during seasonal operation via surface
irrigation of two acres of non-public access land. The permit will not authorize
a discharge of pollutants into waters in the State. The facility and disposal
site are located on Farm-to-Market Road 66, approximately 1.6 miles southwest
of Interstate Highway 35 East in Ellis County, Texas. The facility and disposal
site are located in the drainage basin of South Prong Creek in Segment No.
0816 of the Trinity River Basin.
U.S. ARMY CORPS OF ENGINEERS has applied for a renewal of TPDES Permit
No. 12052-001, which authorizes the discharge of treated domestic wastewater
at a daily average flow not to exceed 18,000 gallons per day. The facility
is located in East Fork Park, on the south side of Lavon Lake, at a point
approximately 2 miles northeast of the intersection of State Highway 78 and
Farm-to-Market Road 544 in Collin County, Texas.
U.S. ARMY CORPS OF ENGINEERS has applied for a renewal of TPDES Permit
No. 12055-001, which authorizes the discharge of treated domestic wastewater
at a daily average flow not to exceed 18,000 gallons per day. The facility
is located in Avalon Park, on the south side of Lavon Lake, immediately northwest
of Lavon Dam, and approximately 2.5 miles northwest of the intersection of
State Highway 78 and State Highway 205 in Collin County, Texas.
Written comments or requests for a public meeting may be submitted to the
Office of the Chief Clerk, at the address provided in the information section
above, WITHIN 30 DAYS OF THE ISSUED DATE OF THE NOTICE.
THE CITY OF BASTROP has applied for a minor amendment to TPDES Permit No.
WQ0011076002 to reduce the authorized discharge of treated domestic wastewater
to an annual average flow not to exceed 4,000,000 gallons per day. The existing
permit authorizes the discharge of treated domestic wastewater at an annual
average flow not to exceed 5,000,000 gallons per day. The facility will be
located approximately 1.5 miles south of the intersection of State Highway
71 and State Highway 304, on the north bank of the confluence of Spring Branch
and the Colorado River in Bastrop County, Texas.
INFORMATION SECTION
To view the complete issued notices, view the notices 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. When
searching the web site, type in the issued date range shown at the top of
this document to obtain search results.
If you need more information about these permit applications or the permitting
process, please call the TCEQ Office of Public Assistance, Toll Free, at 1-800-687-4040.
General information about the TCEQ can be found at our web site at www.TCEQ.state.tx.us.
Si desea información en Español, puede llamar al 1-800-687-4040.
TRD-200603803
LaDonna Castañuela
Chief Clerk
Texas Commission on Environmental Quality
Filed: July 19, 2006
Notices issued July 17, 2006
APPLICATION NO. 5916; San Antonio River Authority, P.O. Box 839980, San
Antonio, Texas 78283, Applicant, has applied for a Water Use Permit to use
the bed and banks of Martinez Creek to convey discharge water downstream from
two wastewater treatment plants to a proposed diversion point on Martinez
Creek and to divert and reuse not to exceed 4,039 acre-feet of historically
discharged treated groundwater based effluent from two treatment plants located
on Martinez Creek, San Antonio River Basin, Bexar County for agricultural
purposes, municipal, and industrial purposes. The application was received
on August 23, 2005. Additional information and fees for the application was
received on November 18, 2005, and January 23&26, March 20, April 12,
and May 16, and June 20, 2006. The application was declared administratively
complete and accepted for filing on May 22, 2006. 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 August
24, 2006.
APPLICATION NO. 5917; San Antonio River Authority, P.O. Box 839980, San
Antonio, Texas 78283, Applicant, has applied for a Water Use Permit to use
the bed and banks of Escondido and Martinez Creeks, San Antonio River Basin
to convey discharged water from three treatment plants to a proposed downstream
diversion point and to divert and reuse future discharges of treated groundwater
based effluent for municipal, agricultural (irrigation) and industrial purposes
in Bexar County. The application was received on August 23, 2005. Additional
information and fees were received on November 18, 2005, January 26, March
20, April 12, May 16, and June 20, 2006. The application was accepted for
filing and declared administratively complete on May 19, 2006. 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 August 24, 2006.
INFORMATION SECTION
To view the complete issued notices, view the notices 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. When
searching the web site, type in the issued date range shown at the top of
this document to obtain search results.
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. Si desea información
en Español, puede llamar al 1-800-687-4040.
TRD-200603804
LaDonna Castañuela
Chief Clerk
Texas Commission on Environmental Quality
Filed: July 19, 2006
The Texas Commission on Environmental Quality (commission) staff is providing
an opportunity for written public comment on the listed Shutdown Orders (SOs).
Texas Water Code (TWC), §26.3475 authorizes the commission to order the
shutdown of any underground storage tank (UST) system found to be noncompliant
with release detection, spill and overfill prevention, and/or, after December
22, 1998, cathodic protection regulations of the commission, until such time
as the owner/operator brings the UST system into compliance with those regulations.
The commission proposes an SO after the owner or operator of a UST facility
fails to perform required corrective actions within 30 days after receiving
notice of the release detection, spill and overfill prevention, and/or, after
December 22, 1998, cathodic protection violations documented at the facility.
In accordance with TWC, §7.075, this notice of the proposed order and
the opportunity to comment is published in the
Texas
Register
no later than the 30th day before the date on which the public
comment period closes, which in this case is
August
28, 2006
. The commission will consider any written comments received
and the commission may withdraw or withhold approval of an SO if a comment
discloses facts or considerations that indicate that consent to the proposed
SO is inappropriate, improper, inadequate, or inconsistent with the requirements
of the statutes and rules within the commission's jurisdiction, or the commission's
orders and permits issued in accordance with the commission's regulatory authority.
Additional notice of changes to a proposed SO is not required to be published
if those changes are made in response to written comments.
Copies of each of the proposed SOs is available for public inspection at
both the commission's central office, located at 12100 Park 35 Circle, Building
A, 3rd Floor, Austin, Texas 78753, (512) 239-3400 and at the applicable regional
office listed as follows. Written comments about the SO shall be sent to the
attorney designated for the SO at the commission's central office at P.O.
Box 13087, MC 175, Austin, Texas 78711-3087 and must be
received by 5:00 p.m. on August 28, 2006
. Written comments may also
be sent by facsimile machine to the attorney at (512) 239-3434. The commission
attorneys are available to discuss the SOs and/or the comment procedure at
the listed phone numbers; however, comments on the SOs shall be submitted
to the commission in
writing
.
(1) COMPANY: ECO Himal Incorporated dba Denton Food Mart; DOCKET NUMBER:
2005- 1832-PST-E; TCEQ ID NUMBER: RN101447076; LOCATION: 4101 Denton Highway,
Haltom City, Tarrant County, Texas; TYPE OF FACILITY: convenience store with
retail sales of gasoline; RULES VIOLATED: 30 TAC §334.51(b)(2)(C) and
Texas Water Code (TWC), §26.3475(c)(2), by failing to equip each underground
storage tank (UST) with a valve or other device designed to automatically
shut off the flow of regulated substances into the tank when the liquid level
in the tank reaches a preset level no higher than the 95% capacity level for
the tank; 30 TAC §334.50(b)(1)(A) and TWC, §26.3475(c)(1), by failing
to monitor the USTs for release at a frequency of at least once per month
thereby failing to comply with requirements for tank release detection equipment;
30 TAC §334.50(b)(2)(A)(i)(III) and TWC, §26.3475(a), by failing
to test the line leak detector at least once per year for performance and
operational reliability and thereby failing to provide proper release detection
for the pressurized piping associated with the USTs at the facility; 30 TAC §334.50(d)(1)(B)(ii)
and TWC, §26.3475(c)(1), by failing to conduct reconciliation of detailed
inventory control records at least once a month, sufficiently accurate to
detect a release as small as the sum of 1.0% of the total substance flow through
for the month plus 130 gallons thereby failing to comply with the requirements
for tank release detection equipment; PENALTY: $3,570; STAFF ATTORNEY: Robert
Mosley, Litigation Division, MC 175, (512) 239-0627; REGIONAL OFFICE: Dallas-Fort
Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817)
588-5800.
TRD-200603787
Mary Risner
Director, Litigation Division
Texas Commission on Environmental Quality
Filed: July 18, 2006
Notice of Opportunity for Public Comment
The Statewide Health Coordinating Council is pleased to submit its biennial
update to the
2005-2010 Texas State Health Plan
,
the
2007-2008 Texas State Health Plan Update
,
as required by Health and Safety Code, Chapter 104, for public comment.
A copy of the proposed report and general instructions may be found at:
http://www.dshs.state.tx.us/chs/shcc. You may also obtain a copy of the documents
and instructions by contacting Rhonda Pointer at (512) 458-7111, extension
6575.
Comments must be received or postmarked by 5:00 p.m. on Wednesday, August
16, 2006, to be considered in connection with development of the final version
of its report. If you have any questions regarding these reports, submission
of public comment, or any general inquiries, you may contact Rhonda Pointer
using the contact information above.
TRD-200603801
Ben G. Raimer, M.D.
Chairman
Texas Statewide Health Coordinating Council
Filed: July 19, 2006
The Health Information Technology Advisory Committee of the Statewide Health
Coordinating Council is pleased to submit its proposed report,
Roadmap for the Mobilization of Electronic Healthcare Information in Texas
, as required by Health and Safety Code, Chapter 104, as amended by
Senate Bill 45, 79th Regular Session of the Texas Legislature, for public
comment.
A copy of the proposed report, a template for comment submission, and general
instructions may be found at: http://www.dshs.state.tx.us/chs/shcc. You may
also obtain a copy of the documents and instructions by contacting Rhonda
Pointer at (512) 458-7111, extension 6575.
Comments must be received or postmarked by 5:00 p.m. on Friday, August
18, 2006, to be considered in connection with development of the final version
of its report. If you have any questions regarding these reports, submission
of public comment, or any general inquiries, you may contact Rhonda Pointer
using the contact information above.
TRD-200603802
Ben G. Raimer, M.D.
Chairman
Texas Statewide Health Coordinating Council
Filed: July 19, 2006
Licensing Actions for Radioactive Materials
TRD-200603798
Cathy Campbell
General Counsel
Department of State Health Services
Filed: July 19, 2006
The Department of State Health Services (department) submitted proposed
new rules (25 Texas Administrative Code, §§140.30 - 140.47) concerning
Personal Emergency Response System Providers (PERS). The rules were published
in the July 21, 2006, issue of the
Texas Register
.
This notice corrects an error in the preamble to the rules which indicated
the e-mail address for the PERS Program of the department as pers@dshs.state.tx.us,
and reflects its correct location at PERSAlarm@dshs.state.tx.us.
Accordingly, comments on the proposal may be submitted to Richard R. Rees,
Professional Licensing and Certification Unit, Division for Regulatory Services,
Department of State Health Services, 1100 West 49th Street, Austin, Texas
78756, telephone (512) 834-4565, or by e-mail to PERSAlarm@dshs.state.tx.us.
When e-mailing comments, please indicate "Comments on Proposed Rules" in the
subject line.
TRD-200603820
Cathy Campbell
General Counsel
Department of State Health Services
Filed: July 19, 2006
Request for Proposal for Tax Credit Counsel
SUMMARY.
The Texas Department of Housing
and Community Affairs (TDHCA), through its Legal Services Division, is issuing
a Request for Proposals (RFP) for outside counsel in connection with TDHCA’s
administration of its low income housing tax credit matters.
DEADLINE FOR SUBMISSION.
The deadline for
submission in response to the Request for Proposals is 4:00 p.m., Central
Daylight Saving Time, Wednesday, August 23, 2006. No proposal received after
the deadline will be considered.
TDHCA reserves the right to accept or reject any (or all) proposals submitted.
The information contained in this proposal request is intended to serve only
as a general description of the services desired by TDHCA, and TDHCA intends
to use responses as a basis for further negotiation of specific project details
with offerors. This request does not commit TDHCA to pay for any costs incurred
prior to the execution of a contract and is subject to availability of funds.
Issuance of this request for proposals in no way obligates TDHCA to award
a contract or to pay any costs incurred in the preparation of a response.
Law firms interested in submitting a proposal should contact Mr. Kevin
Hamby, General Counsel, at (512) 475-3948, Ext. 221, East 11th. Street, Austin,
TX 78701 or visit our website at www.tdhca.state.tx.us, for a complete copy
of the RFP. Communication with any member of the board, the executive director,
or TDHCA staff other than Mr. Hamby, concerning any matter related to this
request for proposals is grounds for immediate disqualification.
TRD-200603781
Michael Gerber
Executive Director
Texas Department of Housing and Community Affairs
Filed: July 17, 2006
Company Licensing
Application to change the name of NGL AMERICAN LIFE INSURANCE COMPANY to
THE SETTLERS LIFE INSURANCE COMPANY, a foreign life, accident and/or health
company. The home office is in Bristol, Virginia.
Application for incorporation to the State of Texas by SENTRUITY CASUALTY
COMPANY, a domestic fire and/ or casualty company. The home office is in Houston,
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-200603815
Gene C. Jarmon
Chief Clerk and General Counsel
Texas Department of Insurance
Filed: July 19, 2006
The following third party administrator (TPA) applications have been filed
with the Texas Department of Insurance and are under consideration.
Application for admission to Texas of GROUP DENTAL SERVICE, INC. (using
the assumed name of GROUP DENTAL SERVICE ADMINISTRATORS, INC.), a foreign
third party administrator. The home office is ROCKVILLE, MARYLAND.
Application to change the name of GROUP ADMINISTRATORS - SAN ANTONIO, INC.
to VERITY NATIONAL GROUP, INC., a domestic third party administrator. The
home office is SAN ANTONIO, TEXAS.
Any objections must be filed within 20 days after this notice is published
in the
Texas Register
, addressed to the attention
of Matt Ray, MC 107-1A, 333 Guadalupe, Austin, Texas 78701.
TRD-200603813
Gene C. Jarmon
Chief Clerk and General Counsel
Texas Department of Insurance
Filed: July 19, 2006
Correction of Error
The Texas Department of Insurance, Division of Workers' Compensation adopted
new rule, 28 TAC §126.14, in the July 7, 2006, issue of the
Texas Register
(31 TexReg 5458). The first sentence of the last paragraph
on page 5459 incorrectly references the Labor Code, §409.021. The sentence
should read as follows:
"Agency Response: The Labor Code §408.0042 has not changed or superseded §408.021."
TRD-200603790
Instant Game Number 693 "Go for the Gold"
1.0. Name and Style of Game.
A. The name of Instant Game Number 693 is "GO FOR THE GOLD." The play style
is "key number match with auto win."
1.1. Price of Instant Ticket.
A. Tickets for Instant Game Number 693 shall be $10.00 per ticket.
1.2. Definitions in Instant Game Number 693.
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, STAR SYMBOL, GOLD SYMBOL, $1.00, $2.00,
$4.00, $5.00, $10.00, $15.00, $20.00, $50.00, $100, $250, $500, $1,000, $10,000,
$25,000, $100,000 and $250,000.
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 letters found under the removable scratch-off
covering in the play area, which retailers use to verify and validate instant
winners. These three 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. Non-winning
tickets and high-tier tickets use a non-required combination of the required
codes listed in Figure 2 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 digit number appearing under the latex scratch-off
covering on the front of the ticket. There is a boxed four digit Security
Number placed randomly within the Serial Number. The remaining nine 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 $10.00, $15.00 or $20.00.
H. Mid-Tier Prize--A prize of $50.00, $100, $250 or $500.
I. High-Tier Prize--A prize of $1,000, $10,000 or $250,000.
J. Bar Code--A 22 character interleaved two of five bar code which will
include a three digit game ID, the seven digit pack number, the three digit
ticket number and the nine digit Validation Number. The bar code appears on
the back of the ticket.
K. Pack-Ticket Number--A 13 digit number consisting of the three digit
game number (693), a seven digit pack number, and a three digit ticket number.
Ticket numbers start with 001 and end with 050 within each pack. The format
will be: 693-0000001-001.
L. Pack--A pack of "GO FOR THE GOLD" Instant Game tickets contains 050
tickets, packed in plastic shrink-wrapping and fanfolded in pages of one.
Ticket back 050 will be exposed on one side of the pack and ticket 001 on
the other side.
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 "GO
FOR THE GOLD" Instant Game Number 693 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 "GO FOR THE GOLD" Instant Game is determined once the latex on the
ticket is scratched off to expose 55 Play Symbols. If a player matches any
of YOUR NUMBERS play symbols to any of the WINNING NUMBERS play symbols, the
player wins the prize shown for that number. If a player reveals a "STAR"
play symbol, the player wins that prize shown instantly. If a player reveals
a "GOLD" play symbol, the player wins 10 times the prize shown instantly.
No portion of the display printing nor any extraneous matter whatsoever shall
be usable or playable as a part of the Instant Game.
2.1. Instant Ticket Validation Requirements.
A. To be a valid Instant Game ticket, all of the following requirements
must be met:
1. Exactly 55 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 55 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 55 Play Symbols must be exactly one of those described
in Section 1.2.C of these Game Procedures;
17. Each of the 55 Play Symbols on the ticket must be printed in the Symbol
font and must correspond precisely to the artwork on file at the Texas Lottery;
the ticket Serial Numbers must be printed in the Serial font and must correspond
precisely to the artwork on file at the Texas Lottery; and the Pack-Ticket
Number must be printed in the Pack-Ticket Number font and must correspond
precisely to the artwork on file at the Texas Lottery;
18. The display printing on the ticket must be regular in every respect
and correspond precisely to the artwork on file at the Texas Lottery; and
19. The ticket must have been received by the Texas Lottery by applicable
deadlines.
B. The ticket must pass all additional validation tests provided for in
these Game Procedures, the Texas Lottery's Rules governing the award of prizes
of the amount to be validated, and any confidential validation and security
tests of the Texas Lottery.
C. Any Instant Game ticket not passing all of the validation requirements
is void and ineligible for any prize and shall not be paid. However, the Executive
Director may, solely at the Executive Director's discretion, refund the retail
sales price of the ticket. In the event a defective ticket is purchased, the
only responsibility or liability of the Texas Lottery shall be to replace
the defective ticket with another unplayed ticket in that Instant Game (or
a ticket of equivalent sales price from any other current Instant Lottery
game) or refund the retail sales price of the ticket, solely at the Executive
Director's discretion.
2.2. Programmed Game Parameters.
A. Consecutive non-winning tickets will not have identical play data, spot
for spot.
B. No more than three identical non-winning prize symbols will appear on
a ticket.
C. No duplicate WINNING NUMBERS play symbols on a ticket.
D. No duplicate non-winning YOUR NUMBERS play symbols on a ticket.
E. Non-winning prize symbols will never be the same as the winning prize
symbol(s).
F. No prize amount in a non-winning spot will correspond with the YOUR
NUMBERS play symbol (i.e. 5 and $5).
2.3. Procedure for Claiming Prizes.
A. To claim a "GO FOR THE GOLD" Instant Game prize of $10.00, $15.00, $20.00,
$50.00, $100, $250 or $500, a claimant shall sign the back of the ticket in
the space designated on the ticket and present the winning ticket to any Texas
Lottery Retailer. The Texas Lottery Retailer shall verify the claim and, if
valid, and upon presentation of proper identification, make payment of the
amount due the claimant and physically void the ticket; provided that the
Texas Lottery Retailer may, but is not, in some cases, required to pay a $50.00,
$100, $250 or $500 ticket. In the event the Texas Lottery Retailer cannot
verify the claim, the Texas Lottery Retailer shall provide the claimant with
a claim form and instruct the claimant on how to file a claim with the Texas
Lottery. If the claim is validated by the Texas Lottery, a check shall be
forwarded to the claimant in the amount due. In the event the claim is not
validated, the claim shall be denied and the claimant shall be notified promptly.
A claimant may also claim any of the above prizes under the procedure described
in Section 2.3.B and Section 2.3.C of these Game Procedures.
B. To claim a "GO FOR THE GOLD" Instant Game prize of $1,000, $10,000 or
$250,000, 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 "GO FOR THE GOLD" Instant Game
prize, the claimant must sign the winning ticket, thoroughly complete a claim
form, and mail both to: Texas Lottery Commission, Post Office Box 16600, Austin,
Texas 78761-6600. The risk of sending a ticket remains with the claimant.
In the event that the claim is not validated by the Texas Lottery, the claim
shall be denied and the claimant shall be notified promptly.
D. Prior to payment by the Texas Lottery of any prize, the Texas Lottery
shall deduct a sufficient amount from the winnings of a person who has been
finally determined to be:
1. delinquent in the payment of a tax or other money collected by the Comptroller,
the Texas Workforce Commission, or Texas Alcoholic Beverage Commission;
2. delinquent in making child support payments administered or collected
by the Attorney General;
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 "GO FOR THE
GOLD" 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 "GO FOR THE GOLD" 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 3,000,000
tickets in the Instant Game Number 693. 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 Number 693 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 Number
693, 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-200603794
Kimberly L. Kiplin
General Counsel
Texas Lottery Commission
Filed: July 18, 2006
1.0 Name and Style of Game.
A. The name of Instant Game No. 733 is ''RUN THE TABLE''. The play style
for game BLACKJACK is ''beat score with doubler". A = 11; J, Q, K = 10. The
play style for game ROULETTE is ''key number match''. The play style for game
SLOTS is ''three in a line with prize legend''. The play style for game DICE
is ''add up''. The play style for game HIT ME is ''key symbol match with auto
win''.
1.1 Price of Instant Ticket.
A. Tickets for Instant Game No. 733 shall be $25.00 per ticket.
1.2 Definitions in Instant Game No. 733.
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: A CARD SYMBOL, K CARD SYMBOL, Q CARD
SYMBOL, J CARD SYMBOL, 10 CARD SYMBOL, 9 CARD SYMBOL, 8 CARD SYMBOL, 7 CARD
SYMBOL, 6 CARD SYMBOL, 5 CARD SYMBOL, 4 CARD SYMBOL, 3 CARD SYMBOL, 2 CARD
SYMBOL, 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19,
20, 21, 22, 23, 24, BUSTS SYMBOL, 7 SYMBOL, GOLD BAR SYMBOL, HORSE SHOE SYMBOL,
BELL SYMBOL, DOLLAR SIGN SYMBOL, POT OF GOLD SYMBOL, STAR SYMBOL, DIAMOND
SYMBOL, ONE DICE SYMBOL, TWO DICE SYMBOL, THREE DICE SYMBOL, FOUR DICE SYMBOL,
FIVE DICE SYMBOL, SIX DICE SYMBOL, $5.00, $10.00, $20.00, $25.00, $30.00,
$40.00, $50.00, $100, $200, $500, $1,000, $2,000, $10,000, $20,000 and ONE
MILL SYMBOL.
D. Play Symbol Caption - The printed material appearing below each Play
Symbol which explains the Play Symbol. One caption appears under each Play
Symbol and is printed in caption font in black ink in positive. The Play Symbol
Caption which corresponds with and verifies each Play Symbol is as follows:
E. 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.
F. Mid-Tier Prize - A prize of $25.00, $30.00, $40.00, $50.00, $100, $200
or $500.
G. High-Tier Prize - A prize of $1,000, $2,000, $10,000, $20,000 or $1,000,000.
H. 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.
I. Pack-Ticket Number - A 13 (thirteen) digit number consisting of the
three (3) digit game number (733), a seven (7) digit pack number, and a three
(3) digit ticket number. Ticket numbers start with 001 and end with 025 within
each pack. The format will be: 733-0000001-001.
J. Pack - A pack of ''RUN THE TABLE'' Instant Game tickets contains 025
tickets, packed in plastic shrink-wrapping and fanfolded in pages of one (1).
The packs will alternate. One will show the front of ticket 001 and back of
025 while the other fold will show the back of ticket 001 and front of 025.
K. 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.
L. Ticket or Instant Game Ticket, or Instant Ticket - A Texas Lottery ''RUN
THE TABLE'' Instant Game No. 733 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 ''RUN THE
TABLE'' Instant Game is determined once the latex on the ticket is scratched
off to expose 54 (fifty-four) Play Symbols. In the game BLACKJACK (2 games),
if the total in any PLAYER'S hand play symbols beat the DEALER'S hand play
symbols, the player wins PRIZE for that PLAYER. If the total for any PLAYER
equals 21, the player wins DOUBLE the PRIZE for that PLAYER. If DEALER reveals
a "BUSTS" play symbol, the player wins all five prizes. A=11; J,Q,K=10. In
the game ROULETTE, if YOUR NUMBER matches any number on the Roulette Wheel,
the player wins the prize shown for that number. In the game SLOTS, if a player
reveals three (3) matching play symbols in the same SPIN in a horizontal line
across, the player wins prize shown in legend. In the game DICE, if a player's
YOUR DICE play symbols total 7 or 11 within a ROLL, the player wins the PRIZE
shown for that ROLL. In the game HIT ME, if a player reveals a "21" symbol,
the player wins $50 instantly. No portion of the display printing nor any
extraneous matter whatsoever shall be usable or playable as a part of the
Instant Game.
2.1 Instant Ticket Validation Requirements.
A. To be a valid Instant Game ticket, all of the following requirements
must be met:
1. Exactly 54 (fifty-four) Play Symbols must appear under the latex overprint
on the front portion of the ticket;
2. Each of the Play Symbols must have a Play Symbol Caption underneath,
unless specified, and each Play Symbol must agree with its Play Symbol Caption;
3. Each of the Play Symbols must be present in its entirety and be fully
legible;
4. Each of the Play Symbols must be printed in black ink except for dual
image games;
5. The ticket shall be intact;
6. The Serial Number, Retailer Validation Code and Pack-Ticket Number must
be present in their entirety and be fully legible;
7. The Serial Number must correspond, using the Texas Lottery's codes,
to the Play Symbols on the ticket;
8. The ticket must not have a hole punched through it, be mutilated, altered,
unreadable, reconstituted or tampered with in any manner;
9. The ticket must not be counterfeit in whole or in part;
10. The ticket must have been issued by the Texas Lottery in an authorized
manner;
11. The ticket must not have been stolen, nor appear on any list of omitted
tickets or non-activated tickets on file at the Texas Lottery;
12. The Play Symbols, Serial Number, Retailer Validation Code and Pack-Ticket
Number must be right side up and not reversed in any manner;
13. The ticket must be complete and not miscut, and have exactly 54 (fifty-four)
Play Symbols under the latex overprint on the front portion of the ticket,
exactly one Serial Number, exactly one Retailer Validation Code, and exactly
one Pack-Ticket Number on the ticket;
14. The Serial Number of an apparent winning ticket shall correspond with
the Texas Lottery's Serial Numbers for winning tickets, and a ticket with
that Serial Number shall not have been paid previously;
15. The ticket must not be blank or partially blank, misregistered, defective
or printed or produced in error;
16. Each of the 54 (fifty-four) Play Symbols must be exactly one of those
described in Section 1.2.C of these Game Procedures;
17. Each of the 54 (fifty-four) Play Symbols on the ticket must be printed
in the Symbol font and must correspond precisely to the artwork on file at
the Texas Lottery; the ticket Serial Numbers must be printed in the Serial
font and must correspond precisely to the artwork on file at the Texas Lottery;
and the Pack-Ticket Number must be printed in the Pack-Ticket Number font
and must correspond precisely to the artwork on file at the Texas Lottery;
18. The display printing on the ticket must be regular in every respect
and correspond precisely to the artwork on file at the Texas Lottery; and
19. The ticket must have been received by the Texas Lottery by applicable
deadlines.
B. The ticket must pass all additional validation tests provided for in
these Game Procedures, the Texas Lottery's Rules governing the award of prizes
of the amount to be validated, and any confidential validation and security
tests of the Texas Lottery.
C. Any Instant Game ticket not passing all of the validation requirements
is void and ineligible for any prize and shall not be paid. However, the Executive
Director may, solely at the Executive Director's discretion, refund the retail
sales price of the ticket. In the event a defective ticket is purchased, the
only responsibility or liability of the Texas Lottery shall be to replace
the defective ticket with another unplayed ticket in that Instant Game (or
a ticket of equivalent sales price from any other current Instant Lottery
game) or refund the retail sales price of the ticket, solely at the Executive
Director's discretion.
2.2 Programmed Game Parameters.
A. Consecutive non-winning tickets will not have identical play data, spot
for spot.
B. BLACKJACK (2 Games): No ties between a PLAYER'S hand and the DEALER'S
hand.
C. BLACKJACK (2 games): The doubler feature will only appear as dictated
by the prize structure and will be approximately evenly split between the
two Blackjack games.
D. BLACKJACK (2 games): No duplicate non-winning prize symbols.
E. BLACKJACK (2 games): No duplicate non-winning hands within a game.
F. BLACKJACK (2 games): The DEALER'S hand will never be the same symbol
on both games unless at least one PLAYER'S hand contains a winning hand.
G. ROULETTE: No duplicate non-winning play symbols.
H. ROULETTE: No duplicate non-winning prize symbols.
I. ROULETTE: No prize amount in a non-winning spot will correspond with
the Roulette Number play symbol (i.e. 5 and $5).
J. ROULETTE: Non-winning prize symbols will never be the same as the winning
prize symbol(s) in this game.
K. SLOTS: No duplicate non-winning spins in any order.
L. SLOTS: No three matching non-winning symbols will appear in a vertical
or diagonal line.
M. DICE: No duplicate rolls.
N. DICE: No duplicate non-winning prize symbols.
2.3 Procedure for Claiming Prizes.
A. To claim a ''RUN THE TABLE'' Instant Game prize of $25.00, $30.00, $40.00,
$50.00, $100, $200 or $500, a claimant shall sign the back of the ticket in
the space designated on the ticket and present the winning ticket to any Texas
Lottery Retailer. The Texas Lottery Retailer shall verify the claim and, if
valid, and upon presentation of proper identification, make payment of the
amount due the claimant and physically void the ticket; provided that the
Texas Lottery Retailer may, but is not, in some cases, required to pay a $25.00,
$30.00, $40.00, $50.00, $100, $200 or $500 ticket. In the event the Texas
Lottery Retailer cannot verify the claim, the Texas Lottery Retailer shall
provide the claimant with a claim form and instruct the claimant on how to
file a claim with the Texas Lottery. If the claim is validated by the Texas
Lottery, a check shall be forwarded to the claimant in the amount due. In
the event the claim is not validated, the claim shall be denied and the claimant
shall be notified promptly. A claimant may also claim any of the above prizes
under the procedure described in Section 2.3.B and Section 2.3.C of these
Game Procedures.
B. To claim a ''RUN THE TABLE'' Instant Game prize of $1,000, $2,000, $10,000
or $20,000 the claimant must sign the winning ticket and present it at one
of the Texas Lottery's Claim Centers. If the claim is validated by the Texas
Lottery, payment will be made to the bearer of the validated winning ticket
for that prize upon presentation of proper identification. When paying a prize
of $600 or more, the Texas Lottery shall file the appropriate income reporting
form with the Internal Revenue Service (IRS) and shall withhold federal income
tax at a rate set by the IRS if required. In the event that the claim is not
validated by the Texas Lottery, the claim shall be denied and the claimant
shall be notified promptly.
C. To claim a ''RUN THE TABLE'' Instant Game prize of $1,000,000, the claimant
must sign the winning ticket and present it at the Texas Lottery Commission
Claim Center. 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. 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.
D. As an alternative method of claiming a ''RUN THE TABLE'' 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.
E. Prior to payment by the Texas Lottery of any prize, the Texas Lottery
shall deduct a sufficient amount from the winnings of a person who has been
finally determined to be:
1. delinquent in the payment of a tax or other money collected by the Comptroller,
the Texas Workforce Commission, or Texas Alcoholic Beverage Commission;
2. delinquent in making child support payments administered or collected
by the Attorney General;
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.
F. 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 ''RUN THE
TABLE'' 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 ''RUN THE TABLE'' Instant Game, the Texas Lottery
shall deposit the amount of the prize in a custodial bank account, with an
adult member of the minor's family or the minor's guardian serving as custodian
for the minor.
2.7 Instant Ticket Claim Period. All Instant Game prizes must be claimed
within 180 days following the end of the Instant Game or within the applicable
time period for certain eligible military personnel as set forth in Texas
Government Code Section 466.408. Any prize not claimed within that period,
and in the manner specified in these Game Procedures and on the back of each
ticket, shall be forfeited.
2.8 Disclaimer. The number of prizes in a game is approximate based on
the number of tickets ordered. The number of actual prizes available in a
game may vary based on number of tickets manufactured, testing, distribution,
sales and number of prizes claimed. An Instant Game ticket may continue to
be sold even when all the top prizes have been claimed.
3.0 Instant Ticket Ownership.
A. Until such time as a signature is placed upon the back portion of an
Instant Game ticket in the space designated, a ticket shall be owned by the
physical possessor of said ticket. When a signature is placed on the back
of the ticket in the space designated, the player whose signature appears
in that area shall be the owner of the ticket and shall be entitled to any
prize attributable thereto. Notwithstanding any name or names submitted on
a claim form, the Executive Director shall make payment to the player whose
signature appears on the back of the ticket in the space designated. If more
than one name appears on the back of the ticket, the Executive Director will
require that one of those players whose name appears thereon be designated
by such players to receive payment.
B. The Texas Lottery shall not be responsible for lost or stolen Instant
Game tickets and shall not be required to pay on a lost or stolen Instant
Game ticket.
4.0 Number and Value of Instant Prizes. There will be approximately 4,080,000
tickets in the Instant Game No. 733. 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. 733 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. 733,
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-200603821
Kimberly L. Kiplin
General Counsel
Texas Lottery Commission
Filed: July 19, 2006
Announcement of Amendment to Application for State-Issued Certificate of Franchise Authority
The Public Utility Commission of Texas received an application on July
12, 2006, for a state-issued certificate of franchise authority (CFA), pursuant
to §§66.001 - 66.016 of the Public Utility Regulatory Act (PURA).
Project Title and Number: Application of Texas and Kansas City Cable Partners,
L.P., doing business as Time Warner Cable, for an Amendment to its State-Issued
Certificate of Franchise Authority, Project Number 32933 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 32933.
TRD-200603791
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: July 18, 2006
The Public Utility Commission of Texas received an application on July
14, 2006, for a state-issued certificate of franchise authority (CFA), pursuant
to §§66.001 - 66.016 of the Public Utility Regulatory Act (PURA).
Project Title and Number: Application of Comcast of Texas II, L.P. for
an Amendment to its State-Issued Certificate of Franchise Authority, Project
Number 32940 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 32940.
TRD-200603792
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: July 18, 2006
Notice is given to the public of the filing with the Public Utility Commission
of Texas of an application on July 10, 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 Consulting Groups Network, LLC
for Retail Electric Provider (REP) certification, Docket Number 32916 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
August 4, 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 32916.
TRD-200603723
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: July 12, 2006
Notice is given to the public of the filing with the Public Utility Commission
of Texas of an application on July 11, 2006, for a service provider certificate
of operating authority (SPCOA), pursuant to §§54.151-54.156 of the
Public Utility Regulatory Act (PURA). A summary of the application follows.
Docket Title and Number: Application of Globetel, Inc., d/b/a Allo Telecommunications,
Inc. for a Service Provider Certificate of Operating Authority, Docket Number
32919 before the Public Utility Commission of Texas.
Applicant intends to provide optical services, T1-Private Line, Fractional
T1, and Digital PBX Services.
Applicant's requested SPCOA geographic area includes the areas with local
access and transport area 560 and 552 served by AT&T Texas.
Persons who wish to comment upon the action sought should contact the Public
Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326,
or by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than
August 2, 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 32919.
TRD-200603741
Adriana Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: July 13, 2006
Notice of Consultant Contract Availability
Stephen F. Austin State University, Nacogdoches, Texas, requests proposals
from technology firms specializing in asset tracking systems.
PURPOSE: Stephen F. Austin State University desires to implement an RFID
property tracking system. The University utilizes the State Property Accounting
database, downloading it daily to populate an Oracle database from which reports
can be derived and information provided to campus departments in an electronic,
easy to access format. The property tracking system will primarily be used
to automate the annual physical inventory process, providing discrepancy reports
related to property located or not located through the scanning process. It
will also be used for on-going physical inventory audits to assist in keeping
tracking of current equipment locations. Customized software for uploading
data from the Oracle database to the scanners, for scanning and reporting
found and not-found items, and downloading data from the scanners to a Windows-based
PC will be required as well as custom reports.
PROPOSAL FORMAT: Interested parties must submit proposal with the following
information: references, experience, qualifications, and pricing for equipment,
including two (2) RFID scanners with cradles, custom software, training, on-site
support, custom reports, and annual maintenance. Reimbursable costs such as
travel, lodging, meals, etc. must be identified and noted to be at cost. Provide
the name, address, and phone number of the individual assigned to the account,
and the vendor identification number/tax identification number of the applicant.
DEADLINES: Proposals must be received in the office of Diana Boubel, Director
of Purchasing & Inventory, Stephen F. Austin State University, P. O. Box
13030, 2124 Wilson Drive, Nacogdoches, Texas 75962 by 5:00 p.m., August 1,
2006, in order to be considered.
TRD-200603782
R. Yvette Clark
General Counsel
Stephen F. Austin State University
Filed: July 17, 2006
Aviation Division - Request for Proposal for Aviation Engineering Services
The City of Floydada, through its agent the Texas Department of Transportation
(TxDOT), intends to engage an aviation professional engineering firm for services
pursuant to Government Code, Chapter 2254, Subchapter A. TxDOT Aviation Division
will solicit and receive proposals for professional aviation engineering design
services described below:
Airport Sponsor: City of Floydada, Floydada Municipal Airport. TxDOT CSJ
No.:0605FLODA. Scope: Provide engineering/design services to construct turf
crosswind runway, install fencing, and bury powerline at State Highway 207.
The DBE goal is set at 8%. TxDOT Project Manager is Russell Deason.
To assist in your proposal preparation, the most recent Airport Layout
Plan, 5010 drawing, and project description are available online at
Interested firms shall utilize the latest version of Form AVN-550, titled
"Aviation Engineering Services Proposal". The form may be requested from TxDOT
Aviation Division, 125 E. 11th Street, Austin, Texas 78701-2483, phone number,
1-800-68-PILOT (74568). The form may be e-mailed by request or downloaded
from the TxDOT web site, URL address
http://www.dot.state.tx.us/forms/aviation/550.doc
. The form may not be altered in any way. All printing must be in black
on white paper, except for the optional illustration page. Firms must carefully
follow the instructions provided on each page of the form. Proposals may not
exceed the number of pages in the proposal format. The proposal format consists
of seven pages of data plus two optional pages consisting of an illustration
page and a proposal summary page. Proposals shall be stapled but not bound
in any other fashion. PROPOSALS WILL NOT BE ACCEPTED IN ANY OTHER FORMAT.
ATTENTION: To ensure utilization of the latest version of Form AVN-550, firms
are encouraged to download Form AVN-550 from the TxDOT website as addressed
above. Utilization of Form AVN-550 from a previous download may not be the
exact same format. Form AVN-550 is an MS Word Template.
Please note:
Four completed, unfolded copies of Form AVN-550
must be received
by TxDOT, Aviation at 150 E. Riverside Drive, 5th
Floor, South Tower, Austin, Texas 78704 no later than
Tuesday, August 22, 2006, at 4:00 p.m.
Electronic facsimiles or forms
sent by e-mail will not be accepted. Please mark the envelope of the forms
to the attention of Amy Slaughter.
The Consultant Selection Committee (committee) will be composed of local
government members. The final selection by the committee will generally be
made following the completion of review of proposals. The committee will review
all proposals and rate and rank each. The criteria for evaluating engineering
proposals can be found at
http://www.dot.state.tx.us/services/aviation/consultant.htm
. All firms will be notified and the top rated firm will be contacted
to begin fee negotiations. The committee does, however, reserve the right
to conduct interviews of the top rated firms if the committee deems it necessary.
If interviews are conducted, selection will be made following the interviews.
If there are any procedural questions, please contact Amy Slaughter, Grant
Manager, or Russell Deason, Project Manager, for technical questions at 1-800-68-PILOT
(74568).
TRD-200603742
Bob Jackson
Interim General Counsel
Texas Department of Transportation
Filed: July 14, 2006
Texas Department of Transportation is cancelling the public hearing scheduled
for 9:00 am on August 1, 2006 at the Dewitt C. Greer Building, 125 East 11th
St., Austin, Texas, concerning proposed rules governing insurance requirements
for household goods carriers. The proposed rule appeared in the July 14, 2006,
issue of the
Texas Register
(31 TexReg 5589).
TRD-200603797
Bob Jackson
Interim General Counsel
Texas Department of Transportation
Filed: July 19, 2006
Pursuant to Title 43, Texas Administrative Code, §17.28(i)(1)(B),
the Texas Department of Transportation is required to publish notice of all
tentatively approved specialty license plates for public comment. The department
will accept comments on the specialty license plates listed below.
The specialty license plates tentatively approved and open for comment
are: Silver Star and Texas Association of Realtors. These two plates will
have qualifying restrictions. The Silver Star (Military) license plate will
only be available to recipients of the Silver Star. The Texas Association
of Realtors license plate will only be available to members of that organization.
License plate images may be viewed at:
www.dot.state.tx.us/services/vehicle_titles_and_registration/specialty_plates
. All comments will be considered prior to the final decision.
Please submit comments to Rebecca Davio, Director, Vehicle Titles and Registration
Division, Texas Department of Transportation, 125 East 11th St., Austin, Texas
78701. The deadline for receipt of comments is 5:00 p.m. on August 28, 2006.
For questions regarding these license plates or the comment procedures contact
Duane Pufpaff at (512) 302-2039.
TRD-200603784
Bob Jackson
Interim General Counsel
Texas Department of Transportation
Filed: July 18, 2006
The Texas Department of Transportation (TxDOT), an agency of the State
of Texas, is issuing this REQUEST FOR QUALIFICATIONS AND PROPOSALS (RFQ/RFP)
to select from prospective qualified Design-Build Firms (D-B), who can design,
develop, and construct a TxDOT area engineer/maintenance facility in Waco,
McLennan County, Texas hereinafter referred to as the project (project), in
exchange for the existing Waco Area Engineer/Maintenance Facility located
at 7108 Woodway Drive, Waco, McLennan County, Texas.
TxDOT is issuing this RFQ/RFP in accordance with Transportation Code, §201.1055,
Agreements with Private Entities, (House Bill 2702, 79th Legislative Session)
"that authorizes the department and a private entity that offers the best
value to the state to enter into an agreement for the acquisition, design,
construction, renovation, including site and site development, of a building
or other facility required to support department operations."
A pre-submittal conference is scheduled for Tuesday, September 5, 2006,
at 1:00 P.M., at the TxDOT Waco Area Engineer/Maintenance Facility, 7108 Woodway
Drive, Waco, McLennan County, Texas. The conference agenda will include a
presentation of the proposed project, a question and answer session, and guided
tour of property proposed for exchange. Attendance at the pre-submittal conference
is MANDATORY.
A complete RFQ/RFP with description of the project, requirements, evaluation,
forms, and attachments can be found at the following web site:
http://www.txdot.gov/MNT/contract/rfp.htm
The notice is also provided at
http://esbd.tbpc.state.tx.us/1380/sagency.cfm
(contract number CBC4704-00-672). TxDOT can mail a printed copy of the
RFQ/RFP if a request is received by fax to (512) 416-3080 or at the Waco District
Headquarters, 100 S. Loop Dr., Waco, Texas 76704, Telephone (254) 867-2700
or FAX (254) 867-2893.
DEADLINE: Sealed proposals must be received and time stamped by Monday,
September 25, 2006, at 2:30 PM local time, at the Texas Department of Transportation,
Waco District Headquarters, 100 S. Loop Dr., Waco, Texas 76704, ATTN: Michael
Bassett.
TRD-200603819
Bob Jackson
Interim General Counsel
Texas Department of Transportation
Filed: July 19, 2006
The Texas Department of Transportation (TxDOT), an agency of the State
of Texas, is issuing this REQUEST FOR QUALIFICATIONS AND PROPOSALS (RFQ/RFP)
to select from prospective qualified Design-Build Firms (D-B), who can design,
develop, and construct a new TxDOT Southwest Area Engineer/Maintenance facility
in Cedar Hill, Dallas County, Texas hereinafter referred to as the project
(project), in exchange for the existing Grand Prairie Maintenance Facility
located at 4202 Corn Valley Road, Grand Prairie, Dallas County, Texas, 75052.
TxDOT is issuing this RFQ/RFP in accordance with Transportation Code, §201.1055,
Agreements with Private Entities, (House Bill 2702, 79th Legislative Session)
"that authorizes the department and a private entity that offers the best
value to the state to enter into an agreement for the acquisition, design,
construction, renovation, including site and site development, of a building
or other facility required to support department operations."
A pre-submittal conference is schedule for Thursday, September 7, 2006,
at 2:00 P.M., at the TxDOT Grand Prairie Maintenance Facility located at 4202
Corn Valley Road, Grand Prairie, Dallas County, Texas, 75052. The conference
agenda will include a presentation of the proposed project, a question and
answer session, and guided tour of property proposed for exchange. Attendance
at the pre-submittal conference is MANDATORY.
A complete RFQ/RFP with description of the project, requirements, evaluation,
forms, and attachments can be found at the following web site:
http://www.txdot.gov/MNT/contract/rfp.htm
The notice is also provided at:
http://esbd.tbpc.state.tx.us/1380/sagency.cfm
(contract number CBC4704-00-603. TxDOT can mail a printed copy of the RFQ/RFP
if a request is received by fax to (512) 416-3080 or at the Dallas District
Headquarters, 4777 E. Highway 80, Mesquite, Texas 75150-6643, Telephone (214)
320-6113 or FAX (214) 320-6117.
DEADLINE: Sealed proposals must be received and time stamped by Monday,
September, 25, 2006, at 2:30 PM, local time at the Texas Department of Transportation,
Dallas District Headquarters, 4777 E Highway 80, Mesquite, Texas 75150-6643,
ATTN: Tim Powers.
TRD-200603816
Bob Jackson
Interim General Counsel
Texas Department of Transportation
Filed: July 19, 2006
The Texas Department of Transportation (TxDOT), an agency of the State
of Texas, is issuing this REQUEST FOR QUALIFICATIONS AND PROPOSALS (RFQ/RFP)
to select from prospective qualified Design-Build Firms (D-B), who can design,
develop, and construct a TxDOT area engineer/maintenance facility in Belton,
Bell County, Texas hereinafter referred to as the project (project), in exchange
for the existing Belton Area Engineer/Maintenance facility located at 1502
Old Holland Road, Belton; the existing maintenance facility located at 2102
Martin Luther King Blvd., Killeen, 76541; and the existing maintenance facility
located at 3801 North 3rd Street, Temple, 76501, Bell County, Texas.
TxDOT is issuing this RFQ/RFP in accordance with Transportation Code, §201.1055,
Agreements with Private Entities, (House Bill 2702, 79th Legislative Session)
"that authorizes the department and a private entity that offers the best
value to the state to enter into an agreement for the acquisition, design,
construction, renovation, including site and site development, of a building
or other facility required to support department operations"
A pre-submittal conference is schedule for Tuesday, September 5, 2006,
at 9:00 A.M., at the TxDOT Belton maintenance facility, 1502 Old Holland Road,
Belton, Bell County, Texas. The conference agenda will include a presentation
of the proposed project, a question and answer session, and guided tour of
property proposed for exchange. Attendance at the pre-submittal conference
is MANDATORY.
A complete RFQ/RFP with description of the project, requirements, evaluation,
forms, and attachments can be found at the following web site:
http://www.txdot.gov/MNT/contract/rfp.htm
The notice is also provided at
http://esbd.tbpc.state.tx.us/1380/sagency.cfm
(contract number CBC4704-00-668). TxDOT can mail a printed copy of the
RFQ/RFP if a request is received by fax to (512) 416-3080 or at the Waco District
Headquarters, 100 S. Loop Dr., Waco, Texas 76704, Telephone (254) 867-2700
or FAX (254)867-2893.
DEADLINE: Sealed proposals must be received and time stamped by Monday,
September 25, 2006, at 2:30 PM local time, at the Texas Department of Transportation,
Waco District Headquarters, 100 S. Loop Drive, Waco, Texas 76704, ATTN: Michael
Bassett.
TRD-200603818
Bob Jackson
Interim General Counsel
Texas Department of Transportation
Filed: July 19, 2006
The Texas Department of Transportation (TxDOT), an agency of the State
of Texas, is issuing this REQUEST FOR QUALIFICATIONS AND PROPOSALS (RFQ/RFP)
to select from prospective qualified Design-Build Firms (D-B), who can design,
develop, and construct a new TxDOT Dallas Northeast Area Engineer/Maintenance
facility in Garland, Dallas County, Texas hereinafter referred to as the project
(project), in exchange for the existing Rockwall Maintenance Facility located
at 901 East I-30, Rockwall, Rockwall County, Texas, 75087.
TxDOT is issuing this RFQ/RFP in accordance with Transportation Code, §201.1055,
Agreements with Private Entities, (House Bill 2702, 79th Legislative Session)
"that authorizes the department and a private entity that offers the best
value to the state to enter into an agreement for the acquisition, design,
construction, renovation, including site and site development, of a building
or other facility required to support department operations."
A pre-submittal conference is scheduled for Thursday, September 7, 2006,
at 10:00 A.M., at the TxDOT Rockwall Maintenance Facility located at 901 East
I-30, Rockwall, Rockwall County, Texas, 75087. The conference agenda will
include a presentation of the proposed project, a question and answer session,
and guided tour of property proposed for exchange. Attendance at the pre-submittal
conference is MANDATORY.
A complete RFQ/RFP with description of the project, requirements, evaluation,
forms, and attachments can be found at the following web site:
http://www.txdot.gov/MNT/contract/rfp.htm
The notice is also provided at a the following website (contract number
CBC4704-00-604):
http://esbd.tbpc.state.tx.us/1380/sagency.cfm
TxDOT can mail a printed copy of the RFQ/RFP if a request is received by
fax to (512) 416-3080 or at the Dallas District Headquarters, 4777 E Highway
80, Mesquite, Texas 75150-6643, Telephone (214) 320-6113 or FAX (214) 320-6117.
DEADLINE: Sealed proposals must be received and time stamped by Monday,
September, 25, 2006 at 2:30 PM, local time at the Texas Department of Transportation,
Dallas District Headquarters, 4777 E Highway 80, Mesquite, Texas 75150-6643,
ATTN: Tim Powers.
TRD-200603817
Bob Jackson
Interim General Counsel
Texas Department of Transportation
Filed: July 19, 2006
Comptroller of Public Accounts
Office of Consumer Credit Commissioner
Credit Union Department
Commission on State Emergency Communications
Employees Retirement System of Texas
Texas Commission on Environmental Quality
Correction of Error
Notice of District Petition
Notice of Opportunity to Comment on Default Orders of Administrative Enforcement Actions
Notice of Opportunity to Comment on Settlement Agreements of Administrative Enforcement Actions
Notice of Water Quality Applications
Notice of Water Rights Application
Public Notice - Shutdown Orders
Texas Statewide Health Coordinating Council
Notice of Opportunity for Public Comment
Department of State Health Services
Public Comment Submission Concerning Personal Emergency Response System Providers
Texas Department of Housing and Community Affairs
Texas Department of Insurance
Third Party Administrator Applications
Texas Department of Insurance, Division of Workers' Compensation
Texas Lottery Commission
Instant Game Number 733 "Run the Table"
Public Utility Commission of Texas
Announcement of Amendment to Application for State-Issued Certificate of Franchise Authority
Notice of Application for a Certificate to Provide Retail Electric Service
Notice of Application for Service Provider Certificate of Operating Authority
Stephen F. Austin State University
Texas Department of Transportation
Cancellation of Public Hearing - 43 TAC §18.16, Insurance Requirements
Public Notice - Creation of Specialty License Plates
Request for Qualifications and Proposals for Area Engineer/Maintenance Facility, Waco - Contract # CBC4704-00-672
Request for Qualifications and Proposals for Contract # CBC4704-00-603 - Southwest Area Engineer/Maintenance Facility
Request for Qualifications and Proposals for Contract # CBC4704-00-668 - Area Engineer/Maintenance Facility, Belton
Request for Qualifications and Proposals for New Dallas Northeast Area Engineer/Maintenance Facility - Contract # CBC4704-00-604