Department of Aging and Disability Services
Notice of Public Hearing
The Department of Aging and Disability Services (DADS) is updating the
"State Mental Retardation Facilities Report for Fiscal Years 2006-2007," as
required by the Texas Health and Safety Code, §533.032, "Long-Range Planning."
In accordance with the requirements of this section, DADS has scheduled a
public hearing on June 6, 2006, in the Winters Building, Public Hearing Room,
701 W. 51st Street, Austin, Texas 78751. This hearing is scheduled to begin
at 9:00 a.m.
At this public hearing, interested persons will have the opportunity to
provide comment on the content of this draft report. Each speaker will be
given three minutes to present comments. Persons requiring an interpreter
for the deaf or hearing impaired should contact Nellie Nixon at least 72 hours
prior to the hearing at (512) 438-5634 or TDD at (512) 424-3250.
The draft report may be downloaded at: http://www.dads.state.tx.us/phr/smrf_report/index.cfm.
To request a copy of the draft report, please contact Nellie Nixon at (512)
438-5634.
Comments on the content of the report may also be submitted in writing
to:
Ron Gernsbacher, Manager
Program Improvement and Integration
Department of Aging and Disability Services
P.O. Box 149030, W235
Austin, Texas 78714
Fax (512) 451-8199
ron.gernsbacher@dads.state.tx.us
Written comments must be received by June 6, 2006, at 5:00 p.m. for consideration.
TRD-200602519
Marianne Reat
Interim General Counsel
Department of Aging and Disability Services
Filed: May 5, 2006
Request for Proposal
The Texas Building and Procurement Commission (TBPC), on behalf of the
Texas Department of Criminal Justice (TDCJ), announces the issuance of Request
for Proposals (RFP) #303-6-11241. TBPC seeks a five (5) year lease of approximately
2,906 square feet of office space in the County of Liberty, Texas.
The deadline for questions is May 19, 2006 and the deadline for proposals
is May 26, 2006 at 3:00 P.M. The award date is July 1, 2006. TBPC reserves
the right to accept or reject any or all proposals submitted. TBPC is under
no legal or other obligation to execute a lease on the basis of this notice
or the distribution of a RFP. Neither this notice nor the RFP commits TBPC
to pay for any costs incurred prior to the award of a grant.
Parties interested in submitting a proposal may obtain information by contacting
TBPC Purchaser Myra Beer at (512) 463-5773. A copy of the RFP may be downloaded
from the
Electronic State Business Daily
at
http://esbd.tbpc.state.tx.us/1380/bid_show.cfm?bidid=64324.
TRD-200602496
Ingrid K. Hansen
General Counsel
Texas Building and Procurement Commission
Filed: May 4, 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
and §303.009, Tex. Fin. Code.
The weekly ceiling as prescribed by §303.003 and §303.009 for
the period of 05/15/06 - 05/21/06 is 18% for Consumer
1
/Agricultural/Commercial
2
/credit through
$250,000.
The weekly ceiling as prescribed by §303.003 and §303.009 for
the period of 05/15/06 - 05/21/06 is 18% for Commercial over $250,000.
1
Credit for personal, family or household
use.
2
Credit for business, commercial, investment
or other similar purpose.
TRD-200602560
Leslie L. Pettijohn
Commissioner
Office of Consumer Credit Commissioner
Filed: May 9, 2006
Notice of District Petition
Notices mailed May 9, 2006
TCEQ Internal Control No. 01232006-D01; HWY 66 Partners, Ltd. (Petitioner)
filed a petition for creation of Galveston County Municipal Utility District
No. 66 (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) the proposed
District will contain approximately 310.0 acres located within Galveston County,
Texas; and (3) the proposed District is within the corporate limits of the
City of Texas City, Texas, and no portion of land within the proposed District
is within the corporate limits or extraterritorial jurisdiction of any other
city, town or village in Texas. There are two lien holders, Frost National
Bank, N.A. and Hibernia National Bank, N. A., on the property to be included
in the proposed District, and the Petitioner has provided the TCEQ with the
certificate evidencing their consent to the creation of the proposed District.
By Resolution No. 06-08, effective January 18, 2006, the City of Texas City,
Texas, gave its consent to the creation of the proposed District. The petition
further states that the proposed District will: (1) purchase, construct, acquire,
improve, extend, maintain and operate a waterworks and sanitary sewer system
for residential and commercial purposes; (2) construct, acquire, improve,
extend, maintain and operate works, improvements, facilities, plants, equipment
and appliances helpful or necessary to provide more adequate drainage for
the property in the proposed District; (3) control, abate and amend local
storm waters or other harmful excesses of water, all as more particularly
described in an engineer's report filed simultaneously with the filing of
the petition; and (4) purchase, construct, acquire, improve, maintain, and
operate additional facilities, systems, plants, and enterprises consistent
with the purposes for which the District is created and permitted under State
law. The petition also states that the proposed District may: (1) finance
one or more facilities designed or utilized to perform fire- fighting services;
and (2) purchase interests in land and construct, acquire, improve, extend,
maintain, and operate works, and improvements for the purpose of providing
parks and recreational facilities. 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 $16,295,000.
TCEQ Internal Control No. 03102006-D09; AroPartners (Petitioner) filed
a petition for creation of Harris County Municipal Utility District No. 458
(District) with the Texas Commission on Environmental Quality (TCEQ). The
petition was filed pursuant to Article XVI, Section 59 of the Constitution
of the State of Texas; Chapters 49 and 54 of the Texas Water Code; 30 Texas
Administrative Code Chapter 293; and the procedural rules of the TCEQ. The
petition states that: (1) the Petitioner is the owner of a majority in value
of the land to be included in the proposed District; (2) there are no lienholders
on the property to be included in the proposed District; (3) the proposed
District will contain approximately 556.83 acres located within Harris County,
Texas; and (4) the proposed District is within the corporate limits or extraterritorial
jurisdiction of the City of Houston, Texas. By Ordinance No. 2005-830, effective
July 5, 2005, the City of Houston, Texas, gave its consent to the creation
of the proposed District. The petition further states that the proposed District
will: (1) design, construct, acquire, maintain and operate a waterworks and
sanitary sewer system for residential and commercial purposes; (2) design,
construct, acquire, improve, extend, maintain and operate works, improvements,
facilities, plants, equipment and appliances helpful or necessary to provide
more adequate drainage for the property in the proposed District; (3) control,
abate and amend local storm waters or other harmful excesses of waters, as
more particularly described in an engineer's report filed simultaneously with
the filing of the petition; and (4) design, construct, acquire, improve, maintain,
and operate any additional facilities, systems, plants and enterprises consistent
with the purposes for which the District is created. 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 $39,700,000.
TCEQ Internal Control No. 02162006-D02; Hannover Estates, Ltd., and James
T. Cox, Trustee (Petitioners) filed a petition for the creation of Montgomery
County Municipal Utility District No. 96 (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
Petitioners are the owner of a majority in value of the land to be included
in the proposed District; (2) there are no lien holders on the property to
be included in the proposed District; (3) the proposed District will contain
approximately 285.543 acres located in Montgomery County, Texas; and (4) the
proposed District is within the extraterritorial jurisdiction of the City
of Houston, Texas, and no portion of land within the proposed District is
within the corporate limits or extraterritorial jurisdiction of any other
city, town or village in Texas. By Ordinance No. 2005-1326, effective December
13, 2005, the City of Houston, Texas, gave its consent to the creation of
the proposed District. The petition further states that the proposed District
will: (1) purchase, construct, acquire, improve, extend, maintain and operate
a waterworks and sanitary sewer system for residential and commercial purposes;
(2) construct, acquire, improve, extend, maintain and operate works, improvements,
facilities, plants, equipment and appliances helpful or necessary to provide
more adequate drainage for the property in the proposed District; (3) control,
abate and amend local storm waters or other harmful excesses of water, all
as more particularly described in an engineer's report filed simultaneously
with the filing of the petition; and (4) purchase, construct, acquire, improve,
maintain, and operate additional facilities, systems, plants, and enterprises
consistent with the purposes for which the District is created and permitted
under State law. The petition also states that the proposed District may:
(1) finance one or more facilities designed or utilized to perform fire-fighting
services; and (2) purchase interests in land and construct, acquire, improve,
extend, maintain, and operate works, and improvements for the purpose of providing
parks and recreational facilities. According to the petition, the Petitioners
have conducted a preliminary investigation to determine the cost of the project
and from the information available at the time, the cost of the project is
estimated to be approximately $33,950,000.
TCEQ Internal Control No. 12212005-D03; Prairie Oaks, LTD. (Petitioner)
filed a petition for creation of Oak Point Water Control and Improvement District
No. 4 (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 51 of the Texas Water Code; 30 Texas
Administrative Code Chapter 293; and the procedural rules of the TCEQ. The
petition states the following: (1) the Petitioner is the owner of a majority
in value of the land to be included in the proposed District; (2) there are
two lien holders, Texans Commercial Capital L.L.C. and Newmark Homes, L.P.,
on the property to be included in the proposed District; (3) the proposed
District will contain approximately 213.355 acres located in Denton County,
Texas; and (4) the proposed District is within the extraterritorial jurisdiction
of the City of Oak Point, 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. 2005-06-4R, effective
June 20, 2005, the City of Oak Point, Texas, gave its consent to the creation
of the proposed District. The petition further states that the proposed District
will: (1) purchase, construct, acquire, maintain and operate a waterworks
and sanitary sewer system for municipal, domestic, industrial and commercial
purposes; (2) acquire, construct, operate and maintain a system to gather,
conduct, divert, and control local storm water or other local harmful excesses
of water within the District; (3) purchase, acquire, construct, own, lease,
extend, improve, operate, maintain, and repair such additional improvements,
facilities, plants, equipment, and appliances consistent with the purposes
for which the District is organized, all as more particularly described in
an engineer's report filed simultaneously with the filing of the petition.
According to the petition, the Petitioner has conducted a preliminary investigation
to determine the cost of the project, and from the information available at
the time, the cost of the project is estimated to be approximately $14,030,000.
INFORMATION SECTION
The TCEQ may grant a contested case hearing on a petition if a written
hearing request is filed within 30 days after the newspaper publication of
the notice. To request a contested case hearing, you must submit the following:
(1) your name (or for a group or association, an official representative),
mailing address, daytime phone number, and fax number, if any; (2) the name
of the petitioner and the TCEQ Internal Control Number; (3) the statement
"I/we request a contested case hearing"; (4) a brief description of how you
would be affected by the petition in a way not common to the general public;
and (5) the location of your property relative to the proposed district's
boundaries. You may also submit your proposed adjustments to the petition.
Requests for a contested case hearing must be submitted in writing to the
Office of the Chief Clerk at the address provided in the information section
below.
The Executive Director may approve a petition unless a written request
for a contested case hearing is filed within 30 days after the newspaper publication
of the notice. If a hearing request is filed, the Executive Director will
not approve the petition and will forward the petition and hearing request
to the TCEQ Commissioners for their consideration at a scheduled Commission
meeting. If a contested case hearing is held, it will be a legal proceeding
similar to a civil trial in state district court.
Written hearing requests should be submitted to the Office of the Chief
Clerk, MC 105, TCEQ, P.O. Box 13087, Austin, TX 78711-3087. For information
concerning the hearing process, please contact the Public Interest Counsel,
MC 103, at the same address. For additional information, individual members
of the general public may contact the Districts Review Team at 1-512-239-4691.
Si desea información en Español, puede llamar al 1-800-687-4040.
General information regarding the TCEQ can be found at our web site at www.tceq.state.tx.us.
TRD-200602592
LaDonna Castañuela
Chief Clerk
Texas Commission on Environmental Quality
Filed: May 10, 2006
The purpose of the meeting is to obtain public input and information concerning
proposal of the facility to the state registry of Superfund sites, the identification
of potentially responsible parties, and the proposal of non-residential land
use.
The Texas Commission on Environmental Quality (TCEQ or commission) is required
under the Texas Solid Waste Disposal Act, Health and Safety Code, Chapter
361, as amended (the Act), to annually publish a state registry that identifies
facilities that may constitute an imminent and substantial endangerment to
public health and safety or the environment due to a release or threatened
release of hazardous substances into the environment. The most recent registry
listing of these facilities was published in the April 7, 2006 issue of the
Pursuant to the Act, §361.184(a), the commission must publish a notice
of intent to list a facility on the state registry of state Superfund sites
in the
Texas Register
and in a newspaper of
general circulation in the county in which the facility is located. With this
publication, the commission hereby gives notice of a facility that the executive
director has determined eligible for listing, and which the executive director
proposes to list on the state registry. By this publication, the commission
also gives notice pursuant to the Act, §361.1855, that it proposes a
land use other than residential as appropriate for the facility identified.
The commission proposes a commercial/industrial land use designation. Determination
of appropriate land use may impact the remedial investigation and remedial
action for the facility. The commission is proposing a land use designation
of commercial/industrial based on the existing land use of the property, as
is prescribed in the Texas Risk Reduction Program rule at 30 TAC §350.53.
This publication also specifies the general nature of the potential endangerment
to public health and safety or the environment as determined by information
currently available to the executive director. This notice of intent to list
this facility was also published on May 19, 2006, in the
Houston Chronicle
.
The facility proposed for listing is the former Aluminum Finishing Company,
located at 6006 Ardmore Street, in Houston, Harris County, Texas. The geographic
coordinates of the site are Latitude 29 degrees 42 minutes 31 seconds North
and Longitude 95 degrees 22 minutes 30 seconds West. The description of the
site is based on information available at the time the site was evaluated
with the Hazard Ranking System (HRS). The HRS is the principal screening guide
used by the commission to evaluate potential, relative risk to public health
and the environment from releases or threatened releases of hazardous substances.
The site description may change as additional information is gathered on the
sources and extent of contamination.
The facility, formerly known as Aluminum Finishing Company, is located
in a mainly residential area on a corner lot at 6006 Ardmore, Houston, Harris
County, Texas. The description of the facility is based on information available
in 1997 when the site was evaluated with the Hazard Ranking System (HRS).
The site has two buildings on site. One is a single story small office building,
the other is a large corrugated metal storage building. The site is bound
on all sides by either a chain link fence or privacy wooden fence. The site
is currently utilized as a kitchen and bath woodworking and remodeling company.
Aluminum Finishing Company operated approximately from March 1981 through
June 1993 as an electroplating facility, where nuts and bolts were electroplated
with cadmium and coated with chromium. The cleaning solution was sodium cyanide,
which was neutralized with sulfuric acid. The plating sludge was stored on-site
in metal tanks.
Elevated levels of cadmium, chromium, lead, arsenic, and cyanide were detected
in soils samples collected on-site in February 1992, November 1994, and January
1997. The elevated metals and cyanide concentrations are attributed to the
former electroplating operations at this facility.
In July 1998, Mr. Leo Montgomery, current owner of the property and doing
business as Riverside Kitchen and Bath Company, LLC, applied for and was accepted
into the Voluntary Cleanup Program (VCP) to clean up the site. The VCP agreement
with the owner was terminated on June 2005 due to inadequate progress.
A public meeting will be held June 29, 2006, at 7:00 p.m., at the DeBakey
High School for Health Professions, located at 3100 Shenandoah, Houston, Harris
County, Texas. The purpose of this meeting is to obtain additional information
regarding the site relative to its eligibility for listing on the state registry,
identify additional potentially responsible parties, and obtain public input
and information regarding the appropriate use of land on which the site that
is the subject of this notice is located. The public meeting is not a contested
case hearing under the Texas Administrative Procedure Act (Texas Government
Code, Chapter 2001).
All persons desiring to make comments may do so prior to or at the public
meeting. All comments submitted prior to the public meeting must be received
by 5:00 p.m., June 28, 2006, and should be sent in writing to Alan Henderson,
Project Manager, TCEQ, Remediation Division, MC 136, P. O. Box 13087, Austin,
Texas 78711-3087 or facsimile at (512) 239-2303. The public comment period
for this action will end at the close of the public meeting on June 29, 2006.
A portion of the record for this site, including documents pertinent to
the executive director's determination of eligibility, is available for review
at the Young Branch Library, 5260 Griggs Road, Palm Center, Houston, Texas
77021 (832) 393-2140, during regular business hours. Copies of the complete
public record file may be obtained during regular business hours at the commission's
Records Management Center, Building E, First Floor, Records Customer Service,
12100 Park 35 Circle, Austin, Texas 78753, (800) 633-9363 or (512) 239-2920.
Photocopying of file information is subject to payment of a fee. Parking is
available on the east side of Building D, convenient to access ramps that
are between Buildings D and E.
Information is also available regarding the state Superfund program on
the TCEQ Web site located at
www.tceq.state.tx.us/remediation/superfund/index.html
.
Persons who have special communication or other accommodation needs who
are planning to attend the meeting should contact the commission at (800)
633-9363. Requests should be made as far in advance as possible.
For further information about this site or the public meeting, please call
Crystal Taylor, TCEQ Community Relations Coordinator, at (800) 633-9363.
TRD-200602576
Stephanie Bergeron Perdue
Acting Deputy Director, Office of Legal Services
Texas Commission on Environmental Quality
Filed: May 9, 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
June 19,
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 a proposed DO is inappropriate, improper,
inadequate, or inconsistent with the requirements of the statutes and rules
within the commission's jurisdiction, or orders and permits issued in accordance
with the commission's regulatory authority. Additional notice of changes to
a proposed DO is not required to be published if those changes are made in
response to written comments.
A copy of each proposed DO is available for public inspection at both the
commission's central office, located at 12100 Park 35 Circle, Building A,
3rd Floor, Austin, Texas 78753, (512) 239-3400 and at the applicable regional
office listed as follows. Comments about the DO should be sent to the attorney
designated for the DO at the commission's central office at P. O. Box 13087,
MC 175, Austin, Texas 78711-3087 and must be
received
by 5:00 p.m. on June 19, 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 should be submitted to the commission
in
writing
.
(1) COMPANY: BASN Corporation dba Swif T Store 21; DOCKET NUMBER: 2005-0950-PST-E;
TCEQ ID NUMBER: RN102044344; LOCATION: 3710 Live Oak Street, Dallas, Dallas
County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline;
RULES VIOLATED: 30 TAC §115.245(2) and THSC, §382.085(b), by failing
to conduct the required annual and triennial testing to verify proper operation
of Stage II equipment; 30 TAC §115.246(1) and (5), and THSC, §382.085(b),
by failing to maintain all required Stage II records at the station and make
them immediately available for review; 30 TAC §115.243(3)(A) and THSC, §382.085(b),
by failing to maintain all components of the Stage II vapor recovery system
in proper operating condition as specified by the manufacturer or any applicable
California Air Resources Board Executive Orders, and free of defects that
would impair the effectiveness of the system; PENALTY: $4,950; 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.
(2) COMPANY: Candido Amaya dba La Hacienda Station and Consuelo Amaya dba
La Hacienda Station; DOCKET NUMBER: 2005-1513-PST-E; TCEQ ID NUMBER: RN102957610;
LOCATION: the intersection of East United States 281 and Farm-to-Market Road
1015, Progresso, Cameron County, Texas; TYPE OF FACILITY: underground storage
tanks (USTs); RULES VIOLATED: 30 TAC §37.815(a) and (b), by failing to
provide acceptable financial assurance for taking corrective action for compensating
third parties for bodily injury and property damage caused by accidental releases
from the operation of petroleum USTs; PENALTY: $2,100; STAFF ATTORNEY: Robert
Mosley, Litigation Division, MC 175, (512) 239-0627; REGIONAL OFFICE: Harlingen
Regional Office, 1804 West Jefferson Avenue, Harlingen, Texas 78550-5247,
(956) 425-6010.
(3) COMPANY: Carol Watson dba Cobblestone Smokehouse; DOCKET NUMBER: 2005-1603-PWS-E;
TCEQ ID NUMBER: RN102321163; LOCATION: 26098 United States Highway 281 North,
Bexar County, Texas; TYPE OF FACILITY: restaurant with a public water supply;
RULES VIOLATED: 30 TAC §290.109(c)(2)(A)(i) and §290.122(c)(2)(B)
and THSC, §341.033(d), by failing to perform monthly bacteriological
sampling of the public drinking water supply and by failing to provide public
notification of the failure to conduct monthly bacteriological sampling during
the months of September 2004 - March 2005 and May 2005; 30 TAC §290.51(a)(3)
and TWC, §5.702, by failing to pay all Fiscal Year 2005 public health
service late fees and all Fiscal Year 2006 public health service annual and
late fees; PENALTY: $2,800; STAFF ATTORNEY: Deanna Sigman, Litigation Division,
MC 175, (512) 239-0619; REGIONAL OFFICE: San Antonio Regional Office, 14250
Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.
(4) COMPANY: Centergas, Inc. dba Dean's One Stop; DOCKET NUMBER: 2005-1469-PST-E;
TCEQ ID NUMBERS: 109171 and RN102450384; LOCATION: seven miles north of Highway
136 on Fritch Highway, Amarillo, Potter County, Texas; TYPE OF FACILITY: convenience
store with retail sales of gasoline; RULES VIOLATED: 30 TAC §§334.78(a),
334.77(b), and 334.80(a)(3) and (4) and TWC, §26.121(a), by failing to
prevent an unauthorized discharge of hydrocarbons into or adjacent to waters
in the state and to implement the required investigations and corrective action;
30 TAC §334.22(a) and TWC, §5.702, by failing to pay outstanding
UST fees for TCEQ Financial Account Number 0004027U for Fiscal Year 2005;
PENALTY: $27,500; STAFF ATTORNEY: Rebecca Davis, Litigation Division, MC 175,
(512) 239-5487; REGIONAL OFFICE: Amarillo Regional Office, 3918 Canyon Drive,
Amarillo, Texas 79109-4933, (806) 353-9251.
(5) COMPANY: Jim Kelso dba Kelso Water System Inc. 1, dba Kelso Water System
Inc. 2, and dba Kelso Water System Inc. 3; DOCKET NUMBER: 2005-1054-MLM-E;
TCEQ ID NUMBERS: 1520224, 1520148, 1520080, RN102817038, RN101232403, and
RN101264372; LOCATION: facility 1, 1082 United States Highway 82, Ralls; facility
2, 4813 Idalou Road, Lubbock; facility 3, south side of United States Highway
62/82, Ralls, Lubbock County, Texas; TYPE OF FACILITIES: public water systems;
RULES VIOLATED: at facility 1, 30 TAC §290.109(c)(2)(A)(ii) and §290.122(c)(2)(A)
and THSC, §341.033(d), by failing to collect and submit routine monitoring
samples and by failing to notify the public of the noncompliance during the
months of May, June, and November 2003, and May, November, and December 2004,
and January 2005; 30 TAC §290.109(c)(3)(A)(ii) and §290.122(c)(2)(A),
by failing to collect and submit repeat samples following a total coliform-positive
sample result and by failing to notify the public of noncompliance during
the months of August and September 2004; 30 TAC §290.109(c)(2)(F) and §290.122(c)(2)(A),
by failing to collect and submit the required distribution samples following
a total coliform-positive sample result and by failing to notify the public
of noncompliance during the months of September and October 2004; 30 TAC §290.51(a)(3)
and TWC, §5.702, by failing to pay the required public health services
fees for Financial Administration Account Number 91520224; at facility 2,
30 TAC §290.109(c)(2)(A)(ii) and §290.122(c)(2)(A) and THSC, §341.033(d),
by failing to collect and submit routine monitoring samples and by failing
to notify the public of the noncompliance during the months of April - June
and November 2003, and January - March, May, November, and December 2004,
and January 2005; 30 TAC §290.109(c)(3)(A)(ii) and §290.122(c)(2)(A),
by failing to collect and submit repeat sample following a total coliform-positive
sample result and by failing to notify the public of the noncompliance during
the month of September 2004; 30 TAC §290.109(c)(2)(F) and §290.122(c)(2)(A),
by failing to collect and submit the required distribution samples following
a total coliform-positive sample result and by failing to notify the public
of the noncompliance during the month of October 2004; 30 TAC §290.110(b)(2),
by failing to provide at least 0.2 milligrams per liter (mg/L) of chlorine
residual throughout the public water supply's distribution system; 30 TAC §290.46(j),
by failing to complete customer service inspection certificates prior to providing
continuous water service to any existing service when the water purveyor had
reason to believe unacceptable practices exist; 30 TAC §290.46(e) and
THSC, §341.033(a), by failing to employ a certified water works operator
to operate facility 2; 30 TAC §290.41(c)(3)(K) and THSC, §341.036,
by failing to properly seal the wellhead and to properly install the well
casing vent; 30 TAC §290.46(v), by failing to securely install all water
system electrical wiring in compliance with a local or national electric code;
30 TAC §290.41(c)(3)(N), by failing to install a master well meter as
required; 30 TAC §290.41(c)(3)(O) and §290.43(e), by failing to
provide an intruder-resistant fence around the water system's well house and
by failing to provide a gate on the opening in the fence surrounding the pressure
tank; 30 TAC §290.121(a), by failing to design and provide a sampling
plan for facility 2; 30 TAC §290.43(d)(3), by failing to provide an air-water
volume indicator on the pressure tank; 30 TAC §290.46(n)(2), by failing
to provide a distribution map of the water system; 30 TAC §288.20, by
failing to provide a drought contingency plan for the water system; 30 TAC §290.46(q)(1),
by failing to issue a boil water notification to customers within 24 hours
of discovering no chlorine residual in the water supply on or about April
18, 2005; 30 TAC §290.51(a)(3) and TWC, §5.702, by failing to pay
the required public health service fees for Financial Administration Account
Number 91520148; at facility 3, 30 TAC §290.109(c)(2)(A)(ii) and §290.122(c)(2)(A)
and THSC, §341.033(d), by failing to collect and submit routine monitoring
samples and by failing to notify the public of the noncompliance during the
months of May, June, September and November 2003, May, November, and December
2004, and January 2005; 30 TAC §290.109(c)(3)(A)(ii) and §290.122(c)(2)(A),
by failing to collect and submit repeat samples following a total coliform-positive
sample result and by failing to notify the public of noncompliance during
the months of August and September 2004; 30 TAC §290.109(c)(2)(F) and §290.122(c)(2)(A),
by failing to collect and submit the required distribution samples following
a total coliform-positive sample result and by failing to notify the public
of noncompliance during the months of September and October 2004; 30 TAC §290.110(b)(2),
by failing to provide at least 0.2 mg/L of chlorine residual throughout facility
3's distribution system; 30 TAC §290.46(j), by failing to complete customer
service inspection certificates prior to providing continuous water service
to any existing service when the water purveyor had reason to believe unacceptable
practices exist; 30 TAC §290.46(e) and THSC, §341.033(a), by failing
to employ a certified water works operator to operate facility 3; 30 TAC §290.41(c)(3)(B)
and THSC, §341.036, by failing to provide well number three with casing
that was 18 inches above ground level; 30 TAC §290.46(v), by failing
to securely install all water system electrical wiring in compliance with
a local or national electric code on well numbers two, three, four, six, and
seven; 30 TAC §290.41(c)(3)(O), by failing to provide gates on all wells;
30 TAC §290.121(a), by failing to design and provide a sampling plan
for facility 3; 30 TAC §290.46(n)(2), by failing to provide a distribution
map of the water system; 30 TAC §290.46(t), by failing to provide legible
signs at the wells and pressure tanks; 30 TAC §290.43(d)(2), by failing
to provide accurate pressure gauges on all the pressure tanks at facility
3; 30 TAC §290.43(d)(7), by failing to repair leaks on the pressure tanks
at wells two and seven; 30 TAC §288.20, by failing to provide a drought
contingency plan for the water system; 30 TAC §290.46(q)(1), by failing
to issue a boil water notification to customers within 24 hours of discovering
no chlorine residual in the water supply on or about April 18, 2005; 30 TAC §290.51(a)(3)
and TWC, §5.702, by failing to pay the required public health service
fees for Financial Administration Account Number 91520080; 30 TAC §290.106(b)
and THSC, §341.031(a), by exceeding the ten mg/L maximum contaminant
level for nitrates during December 2004; PENALTY: $31,576; STAFF ATTORNEY:
Shawn Slack, Litigation Division, MC 175, (512) 239-0063; REGIONAL OFFICE:
Lubbock Regional Office, 4630 50th Street, Suite 600, Lubbock, Texas 79414-3520,
(806) 796-7092.
(6) COMPANY: Jogesh Amin dba Sema Texaco; DOCKET NUMBER: 2005-1522-PST-E;
TCEQ ID NUMBER: RN101434314; LOCATION: 8580 North MacArthur Boulevard, Irving,
Dallas County, Texas; TYPE OF FACILITY: convenience store with retail sales
of gasoline; RULES VIOLATED: 30 TAC §115.246(7)(A) and THSC, §382.085(b),
by failing to maintain Stage II records on site during business hours; 30
TAC §115.245(2) and THSC, §382.085(b), by failing to have the Stage
II equipment tested to determine the vapor recovery efficiency; 30 TAC §115.248(1)
and THSC, §382.085(b), by failing to ensure that at least one station
representative received training and instruction in the operation and maintenance
of Stage II vapor recovery systems; 30 TAC §115.242(3)(E) and TWC, §382.085(b),
by failing to maintain the Stage II vapor recovery system in proper operating
condition; 30 TAC §334.72, by failing to report to the agency within
24 hours, the results from a petroleum storage tank release detection method
that indicated a release had occurred; 30 TAC §334.50(b)(1)(A) and (d)(4)(A)(ii)
and TWC, §26.3475(c), by failing to monitor USTs for releases at a frequency
of at least once every month (not to exceed 35 days between each monitoring);
30 TAC §334.48(c), by failing to conduct inventory control for all USTs
involved in the retail sale of petroleum substances used as motor fuel; 30
TAC §334.54(c)(3), by failing to ensure that the temporarily out of service
UST system was properly returned to service; 30 TAC §334.74, by failing
to investigate a potential release suspected on June 18, 2005, from dispenser
7/8 within 30 days and subsequently file a Release Determination Report form
within 45 days; PENALTY: $24,200; 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.
(7) COMPANY: Mohammad Salman dba Jeff's Grocery; DOCKET NUMBER: 2003-1154-PST-E;
TCEQ ID NUMBERS: 38836 and RN102457785; LOCATION: 12111 Farm-to-Market Road
3083, Conroe, Montgomery County, Texas; TYPE OF FACILITY: convenience store
with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.10(b)(1)(B),
by failing to maintain inventory control records on the premises of the facility
and immediately accessible and available for inspection; 30 TAC §37.815(a)
and (b), by failing to maintain the required financial assurance for taking
corrective action and for compensating third parties for bodily injury and
property damage caused by accidental releases arising from the operation of
the USTs; 30 TAC §334.50(d)(1)(B)(ii) and TWC, §26.3475(c), by failing
to implement release detection 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: $11,500; STAFF ATTORNEY: Rachael Gaines, Litigation
Division, MC 175, (512) 239-0078; REGIONAL OFFICE: Houston Regional Office,
5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(8) COMPANY: Osama Azzam dba Super Stop 3; DOCKET NUMBER: 2005-1581-AIR-R;
TCEQ ID NUMBER: RN102022241; LOCATION: 2725 North Mesa Street, El Paso, El
Paso County, Texas; TYPE OF FACILITY: convenience store with retail sales
of gasoline; RULES VIOLATED: 30 TAC §115.252(2) and THSC, §382.085(b),
by allowing the transfer of gasoline which may ultimately be used in a motor
vehicle in the El Paso area with a Reid vapor pressure greater than 7.0 pounds
per square inch from a motor vehicle fuel dispensing facility; PENALTY: $920;
STAFF ATTORNEY: Robert Mosley, Litigation Division, MC 175, (512) 239-0627;
REGIONAL OFFICE: El Paso Regional Office, 401 East Franklin Avenue, Suite
560, El Paso, Texas 79901-1212, (915) 834-4949.
(9) COMPANY: SESE L.L.C. dba Pic N Go; DOCKET NUMBER: 2005-0437-PST-E;
TCEQ ID NUMBER: RN102428505; LOCATION: 3443 West Campbell Road, Garland, Dallas
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 for compensating third parties
for bodily injury and property damage caused by accidental releases from the
operation of petroleum USTs; PENALTY: $3,150; 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.
(10) COMPANY: Tsuo-Min Chi and Malek Koocher dba A-Sunny's; DOCKET NUMBER:
2004-1224-PST-E; TCEQ ID NUMBERS: 43969 and RN102281268; LOCATION: 6240 Synott
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 petroleum USTs;
PENALTY: $4,200; STAFF ATTORNEY: Lena Roberts, Litigation Division, MC 175,
(512) 239-0019; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Avenue,
Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(11) COMPANY: Western Trails Water Supply Corporation; DOCKET NUMBER: 2005-1335-MWD-E;
TCEQ ID NUMBER: RN102096526; LOCATION: approximately 0.5 mile north of United
States Highway 181 and approximately 3.5 miles northwest of the intersection
of United States Highway 181 and Farm-to-Market Road 1518, Bexar County, Texas;
TYPE OF FACILITY: wastewater treatment facility; RULES VIOLATED: 30 TAC §305.42(a)
and TWC, §26.121(a), by failing to submit its permit application for
the continued operation of the facility after its permit expired on March
1, 2005; 30 TAC §30.350(j), by failing to employ a wastewater treatment
plant operator holding a Class D license or higher; PENALTY: $25,500; STAFF
ATTORNEY: Rachael Gaines, Litigation Division, MC 175, (512) 239-0078; REGIONAL
OFFICE: San Antonio Regional Office, 14250 Judson Road, San Antonio, Texas
78233-4480, (210) 490-3096.
TRD-200602585
Stephanie Bergeron Perdue
Acting Deputy Director, Office of Legal Services
Texas Commission on Environmental Quality
Filed: May 9, 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
June 19, 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 the consent is inappropriate,
improper, inadequate, or inconsistent with the requirements of the statutes
and rules within the commission's orders and permits issued in accordance
with the commission's regulatory authority. Additional notice of changes to
a proposed AO is not required to be published if those changes are made in
response to written comments.
A copy of each proposed AO is available for public inspection at both the
commission's central office, located at 12100 Park 35 Circle, Building A,
3rd Floor, Austin, Texas 78753, (512) 239-3400 and at the applicable regional
office listed as follows. Comments about an AO should be sent to the attorney
designated for the AO at the commission's central office at P. O. Box 13087,
MC 175, Austin, Texas 78711-3087 and must be
received
by 5:00 p.m. on June 19, 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 should be submitted to
the commission in
writing
.
(1) COMPANY: Adrian Astello dba Astello Stone; DOCKET NUMBER: 2004-1152-WQ-E;
TCEQ ID NUMBER: RN102409596; LOCATION: 82525 Interstate 20, Santo, Palo Pinto
County, Texas; TYPE OF FACILITY: sandstone mine; RULES VIOLATED: 30 TAC §281.25(a)(4)
and 40 Code of Federal Regulations (CFR) §122.26(a), by failing to obtain
authorization to discharge storm water associated with industrial activity
to water in the state through an individual permit or the Multi Sector General
Permit; PENALTY: $6,000; STAFF ATTORNEY: Alfred Okpohworho, Litigation Division,
MC R-12, (713) 422-8918; REGIONAL OFFICE: Dallas-Fort Worth Regional Office,
2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(2) COMPANY: Arkema Inc. FKA Atonfina Chemicals Inc.; DOCKET NUMBER: 2004-1702-AIR-E;
TCEQ ID NUMBERS: JE0074L and RN100216373; LOCATION: 2810 Gulf States Road,
Beaumont, Jefferson County, Texas; TYPE OF FACILITY: industrial organic chemicals
plant; RULES VIOLATED: 30 TAC §101.201(a)(2)(D) and Texas Health and
Safety Code (THSC), §382.085(b), by failing to submit complete emission
reports for events that occurred on January 15, 2003, August 1, 2003, and
January 28, 2004; 30 TAC §116.115(b)(2)(F), Air Permit Number 865A/PSDTX1016,
and THSC, §382.085(b), by failing to maintain the maximum allowable emission
rate for sulfur dioxide, hydrogen dioxide, carbon disulfide, and methyl mercaptan
from the flare and E-121 Exchanger during the following emission events: January
15, 2003, August 1, 2003, and January 28, 2004; PENALTY: $9,594; STAFF ATTORNEY:
Rebecca Davis, Litigation Division, MC 175, (512) 239-5487; REGIONAL OFFICE:
Beaumont Regional Office, 3870 Eastex Freeway, Beaumont, Texas 77703-1892,
(409) 898-3838.
(3) COMPANY: Arnoldo Perez dba Perez Fuel Stop; DOCKET NUMBER: 2005-1601-PST-E;
TCEQ ID NUMBER: RN101445310; LOCATION: 1.75 miles west of United States Highway
83, Mission, Hidalgo County, Texas; TYPE OF FACILITY: convenience store with
retail sales of gasoline; RULES VIOLATED: 30 TAC §37.815(a) and (b),
by failing to demonstrate acceptable financial assurance for taking corrective
action and for compensating third parties for bodily injury and property damage
caused by accidental releases arising from the operation of petroleum underground
storage tanks (USTs); 30 TAC §334.22(a) and Texas Water Code (TWC), §5.702,
by failing to pay UST late fees associated with Financial Administration Account
Number 0057827U; PENALTY: $2,520; STAFF ATTORNEY: Rachael Gaines, Litigation
Division, MC 175, (512) 239-0078; REGIONAL OFFICE: Harlingen Regional Office,
1804 West Jefferson Avenue, Harlingen, Texas 78550-5247, (956) 425-6010.
(4) COMPANY: Brownsville Val-Marts, L.L.C. dba Val-Mart No. 2; DOCKET NUMBER:
2005-1464-PST-E; TCEQ ID NUMBERS: RN102470168; LOCATION: 344 Paredes Line
Road, Brownsville, Cameron 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 §334.50(a)(1)(A) and TWC, §26.3475(a) and (c)(1), by failing
to provide a method of release detection capable of detecting a release from
any portion of the UST system which contains regulated substances including
the tanks, piping, and other underground equipment; 30 TAC §334.48(c),
by failing to conduct inventory control for all USTs involved in the retail
sale of petroleum substances use as a motor fuel; 30 TAC §334.10(b),
by failing to maintain all UST records at the facility and make those records
immediately accessible to commission personnel upon request; 30 TAC §334.8(c)(4)(A)(vii)
and (c)(5)(B)(ii), by failing to timely renew a previously issued delivery
certificate by submitting a properly completed UST registration and self-certification
form at least 30 days before the expiration date; PENALTY: $9,000; STAFF ATTORNEY:
Robert Mosley, Litigation Division, MC 175, (512) 239-0627; REGIONAL OFFICE:
Harlingen Regional Office, 1804 West Jefferson Avenue, Harlingen, Texas 78550-5247,
(956) 425-6010.
(5) COMPANY: Center Point Supply, Inc. dba Children's Depot; DOCKET NUMBER:
2005-0931-PWS-E; TCEQ ID NUMBER: RN101179091; LOCATION: 133 Deer Forest Drive,
Pipe Creek, Bandera County, Texas; TYPE OF FACILITY: day care facility with
a non-transient, non-community public water system; RULES VIOLATED: 30 TAC §290.109(c)(2)(A)(i)
and (g) and §290.122(c)(2)(B), and THSC, §341.033(d), by failing
to collect and submit routine bacteriological samples once per month for the
months of May 2003 - November 2004 and by failing to notify water system customers
of this noncompliance during this time period; PENALTY: $9,595; STAFF ATTORNEY:
Shana Horton, Litigation Division, MC 175, (512) 239-1088; REGIONAL OFFICE:
San Antonio Regional Office, 14250 Judson Road, San Antonio, Texas 78233-4480,
(210) 490-3096.
(6) COMPANY: City of China; DOCKET NUMBER: 2005-1089-MLM-E; TCEQ ID NUMBERS:
RN101721686 and RN101276855; LOCATION: off Highway 90, west of Beaumont on
North China Road; adjacent to South China Road and approximately 1.5 miles
south of United States Highway 90, China, Jefferson County, Texas; TYPE OF
FACILITY: public water system, wastewater treatment system; RULES VIOLATED:
30 TAC §290.113(f)(4) and THSC, §341.0315(c), by failing to comply
with the maximum contaminant level based on a running annual average of total
trihalomethanes during the third quarter of 2004; 30 TAC §305.125(1)
and Texas Pollutant Discharge Elimination System Permit Number 12104001, by
failing to comply with permitted effluent limits during November and December
2004, and January, February, and March 2005; PENALTY: $5,023; STAFF ATTORNEY:
Jacquelyn Boutwell, Litigation Division, MC 175, (512) 239-5846; REGIONAL
OFFICE: Beaumont Regional Office, 3870 Eastex Freeway, Beaumont, Texas 77703-1892,
(409) 898-3838.
(7) COMPANY: Curtis Hamlin dba H & S Quick Stop; DOCKET NUMBER: 2005-1321-PST-E;
TCEQ ID NUMBERS: 35942 and RN101848489; LOCATION: Highway 7 West, Crockett,
Houston County, Texas; TYPE OF FACILITY: convenience store with retail sales
of gasoline; RULES VIOLATED: 30 TAC §334.49(c)(4)(C) and TWC, §26.3475(d),
by failing to inspect and test the cathodic protection system for operability
and adequacy of protection within three to six months after installation and
at a subsequent frequency of at least once every three years; 30 TAC §334.50(b)(2)
and TWC, §26.3475(a), by failing to monitor pressurized piping associated
with the UST system in a manner designed to detect releases from any portion
of the piping system; 30 TAC §334.50(b)(2)(A)(i)(III) and TWC, §26.3475(a),
by failing to have the line leak detectors tested at least once per year for
performance and operational reliability; 30 TAC §334.50(d)(1)(B)(ii)
and TWC, §26.3475(c)(1), by failing to reconcile inventory control records
on a monthly basis; PENALTY: $5,400; STAFF ATTORNEY: Jacquelyn Boutwell, Litigation
Division, MC 175, (512) 239-5846; REGIONAL OFFICE: Beaumont Regional Office,
3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.
(8) COMPANY: Frontera Materials, Inc.; DOCKET NUMBER: 2005-1373-AIR-E;
TCEQ ID NUMBER: 26361 and RN102734779; LOCATION: north of the City of Edinburg,
Hidalgo County, Texas; TYPE OF FACILITY: portable rock crusher; RULES VIOLATED:
30 TAC §116.110(a)(1) and THSC, §382.0518(a) and §382.085(b),
by failing to obtain authorization prior to constructing and operating a portable
rock crusher; PENALTY: $10,000; STAFF ATTORNEY: Shannon Strong, Litigation
Division, MC 175, (512) 239-0972; REGIONAL OFFICE: Harlingen Regional Office,
1804 West Jefferson Avenue, Harlingen, Texas 78550-5247, (956) 425-6010.
(9) COMPANY: Kuang Phou dba Ken's Minit Market 3; DOCKET NUMBER: 2004-1603-PST-E;
TCEQ ID NUMBERS: 27911 and RN101497071; LOCATION: 2500 South Street, Nacogdoches,
Nacogdoches County, Texas; TYPE OF FACILITY: convenience store with retail
sales of gasoline; RULES VIOLATED: 30 TAC §334.8(c)(5)(C), by failing
to ensure that a legible tag, label, or marking with the tank number was permanently
applied upon or affixed to either the top of the fill tube or to a non-removable
point in the immediate area of the fill tube according to the UST registration
and self-certification form; 30 TAC §334.8(c), by failing to conduct
effective manual or automatic inventory control procedures for the UST system
at the facility; PENALTY: $3,500; STAFF ATTORNEY: Becky Combs, Litigation
Division, MC 175, (512) 239-6939; REGIONAL OFFICE: Beaumont Regional Office,
3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.
(10) COMPANY: Lisanti Realty Corporation dba Lisanti Food Service; DOCKET
NUMBER: 2005-0138-PST-E; TCEQ ID NUMBER: RN102047289; LOCATION: 9020 Sterling
Street, Irving, Dallas County, Texas; TYPE OF FACILITY: food distributing
company with an on-site petroleum storage tank; 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: $950; 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.
(11) COMPANY: Osburn Sand Co.; DOCKET NUMBER: 2004-1062-WQ-E; TCEQ ID NUMBER:
TXR05R718 and RN100846443; LOCATION: 24068 Pleasanton Road, San Antonio, Bexar
County, Texas; TYPE OF FACILITY: sand mining operation; RULES VIOLATED: 30
TAC §281.25(a)(4) and 40 CFR §122.26, by failing to obtain authorization
to discharge storm water associated with industrial activity to waters in
the state through an individual permit or the Multi-Sector General Permit;
PENALTY: $6,000; STAFF ATTORNEY: Courtney St. Julian, Litigation Division,
MC 175, (512) 239-0617; REGIONAL OFFICE: San Antonio Regional Office, 14250
Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.
(12) COMPANY: Robert McAdams dba Crossroads Mercantile; DOCKET NUMBER:
2003-1035-PST-E; TCEQ ID NUMBER: RN102488780; LOCATION: 14758 Farm-to-Market
Road 59 South, Athens, Henderson 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 continuous financial assurance for taking
corrective action and for compensating third parties for bodily injury and
property damage caused by accidental releases arising from the operation of
the petroleum USTs; 30 TAC §334.22(a) and TWC, §5.702, by failing
to pay outstanding UST fees; PENALTY: $4,050; STAFF ATTORNEY: Kari Gilbreth,
Litigation Division, MC 175, (512) 239-1320; REGIONAL OFFICE: Tyler Regional
Office, 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.
(13) COMPANY: Ronny McAdams and Robert McAdams dba MCs Country Store and
Café; DOCKET NUMBER: 2005-1850-PST-E; TCEQ ID NUMBER: RN102488780;
LOCATION: 14758 Farm-to-Market Road 59, Henderson County, Texas; TYPE OF FACILITY:
convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.49(a)
and TWC, §26.3475(d), by failing to provide proper corrosion protection
for all USTs; 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 §334.50(b)(1)(A)
and TWC, §26.3475(c)(1), by failing to provide proper release detection
for the UST system; 30 TAC §334.22(a) and TWC, §5.702, by failing
to pay UST fees for TCEQ Financial Assurance Account Numbers 0055137A and
0055137U and associated late fees for Fiscal Years 2003 - 2005; PENALTY: $10,800;
STAFF ATTORNEY: Rachael Gaines, Litigation Division, MC 175, (512) 239-0078;
REGIONAL OFFICE: Tyler Regional Office, 2916 Teague Drive, Tyler, Texas 75701-3756,
(903) 535-5100.
(14) COMPANY: Sao Traders Inc., dba Stop N Drive 2; DOCKET NUMBER: 2005-1174-PST-E;
TCEQ ID NUMBER: RN102471190; LOCATION: 7431 Highway 59 South, Shepherd, San
Jacinto County, Texas; TYPE OF FACILITY: convenience store with retail sales
of gasoline; RULES VIOLATED: 30 TAC §334.8(c)(5)(A)(iii), by failing
to ensure that a valid, current TCEQ delivery certificate was posted at the
facility; 30 TAC §334.45(c)(3)(A), by failing to install and maintain
a secure anchor at the base of each UL-listed emergency shutoff valve (shear
or impact) in a piping system in which regulated substances were conveyed
under pressure to an aboveground dispensing unit; 30 TAC §334.49(c)(4)
and TWC, §26.3475(d), by failing to inspect and test the cathodic protection
system for operability and adequacy of protection at least once every three
years; 30 TAC §334.49(c)(2)(C) and TWC, §26.3475(d), by failing
to inspect the impressed current cathodic protection system at least once
every 60 days to ensure that the rectifier and other system components were
operating properly; 30 TAC §334.48(c), by failing to conduct effective
manual or automatic inventory control procedures for the UST system; 30 TAC §334.50(b)(1)(A)
and TWC, §26.3475(c)(1), by failing to provide proper release detection
for the UST system; 30 TAC §334.50(b)(2) and TWC, §26.3475(a), by
failing to conduct piping and tightness testing for releases; 30 TAC §334.50(b)(2)(A)(i)(III)
and TWC, §26.3475(a), by failing to test the line leak detectors at least
once a year for performance and operational reliability; 30 TAC §334.50(d)(1)(B)(ii)
and TWC, §26.3475(c)(1), by failing to reconcile inventory records on
a monthly basis; 30 TAC §334.50(d)(1)(B)(iii)(IV) and TWC, §26.3475(c)(1),
by failing to gauge the tanks for the presence of water at least once a month;
PENALTY: $8,550; STAFF ATTORNEY: Rachael Gaines, Litigation Division, MC 175,
(512) 239-0078; REGIONAL OFFICE: Beaumont Regional Office, 3870 Eastex Freeway,
Beaumont, Texas 77703-1892, (409) 898-3838.
TRD-200602584
Stephanie Bergeron Perdue
Acting Deputy Director, Office of Legal Services
Texas Commission on Environmental Quality
Filed: May 9, 2006
The Texas Commission on Environmental Quality (TCEQ) proposes to renew
a general permit (Texas Pollutant Discharge Elimination System Permit No.
TXG340000) authorizing the discharge of facility wastewater, contact storm
water, and storm water associated with industrial activities from petroleum
bulk stations and terminals into or adjacent to water in the state. The proposed
general permit applies to the entire state of Texas. General permits are authorized
by Section 26.040 of the Texas Water Code.
PROPOSED GENERAL PERMIT. The Executive Director has prepared a draft renewal
of an existing general permit that authorizes the discharge of facility wastewater,
contact storm water, and storm water associated with industrial activities
from petroleum bulk stations and terminals. No significant degradation of
high quality waters is expected and existing uses will be maintained and protected.
The Executive Director proposes to require permittees to submit a Notice of
Intent (NOI) to obtain authorization for discharges.
The Executive Director has reviewed this action for consistency with the
goals and policies of the Texas Coastal Management Program (CMP) according
to Coastal Coordination Council (CCC) regulations, and has determined that
the action is consistent with applicable CMP goals and policies.
A copy of the proposed general permit and fact sheet are available for
viewing and copying at the TCEQ Office of the Chief Clerk located at the TCEQ's
Austin office, at 12100 Park 35 Circle, Building F. These documents are also
available at the TCEQ's sixteen (16) regional offices and on the TCEQ website
at http://www.tceq.state.tx.us/nav/permits/wq_general.html.
PUBLIC COMMENT / PUBLIC MEETING. You may submit public comments or request
a public meeting about this proposed general permit. The purpose of a public
meeting is to provide the opportunity to submit written or oral comment or
to ask questions about the proposed general permit. Generally, the TCEQ will
hold a public meeting if the executive director determines that there is a
significant degree of public interest in the proposed general permit or if
requested by a local legislator. A public meeting is not a contested case
hearing.
Written public comments must be submitted to the Office of the Chief Clerk,
MC 105, TCEQ, P.O. Box 13087, Austin, TX 78711-3087 within 30 days from the
date this notice is published in the
Texas Register
.
APPROVAL PROCESS. After the comment period, the Executive Director will
consider all the public comments and prepare a written response. The response
will be filed with the TCEQ Office of the Chief Clerk at least 10 days before
the scheduled Commission meeting when the Commission will consider approval
of the general permit. The Commission will consider all public comment in
making its decision and will either adopt the Executive Director's response
or prepare its own response. This draft permit was previously noticed and
the initial comment period ended on June 20, 2005. The comments received during
the initial comment period will also be addressed in the response. The Commission
will issue its written response on the general permit at the same time the
Commission issues or denies the general permit. A copy of any issued general
permit and response to comments will be made available to the public for inspection
at the agency's Austin and regional offices. A notice of the Commissioner's
action on the proposed general permit and a copy of its response to comments
will be mailed to each person who made a comment. Also, a notice of the Commission's
action on the proposed general permit and the text of its response to comments
will be published in the Texas Register.
MAILING LISTS. In addition to submitting public comments, you may ask to
be placed on a mailing list to receive future public notices mailed by the
Office of the Chief Clerk. You may request to be added to: (1) the mailing
list for this specific general permit; (2) the permanent mailing list for
a specific applicant name and permit number; and/or (3) the permanent mailing
list for a specific county. Clearly specify the mailing lists to which you
wish to be added and send your request to the TCEQ Office of the Chief Clerk
at the address above. Unless you otherwise specify, you will be included only
on the mailing list for this specific general permit.
INFORMATION. If you need more information about this permit application
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.
Further information may also be obtained by calling the TCEQ's Water Quality
Division, Industrial Permits Team, at (512) 239-4671.
Si desea información en Español, puede llamar 1-800-687-4040.
TRD-200602508
LaDonna Castañuela
Chief Clerk
Texas Commission on Environmental Quality
Filed: May 5, 2006
The Texas Commission on Environmental Quality will conduct a public hearing
to receive comments concerning proposed revisions to 30 TAC Chapter 321, Control
of Certain Activities by Rule, Subchapter B, Concentrated Animal Feeding Operations, §321.33,
Applicability and Required Authorizations, under the requirements of Texas
Health and Safety Code, §382.017 and §382.05195 and Texas Government
Code, Subchapter B, Chapter 2001.
The proposed rulemaking would implement Senate Bill (SB) 1707, 79th Legislature,
2005, Regular Session, which changed the permitting requirements under Texas
Water Code, Chapter 26 for dry litter poultry concentrated animal feeding
operations (CAFOs) in sole-source surface drinking water protection zones.
SB 1707 removes the requirement for dry litter poultry CAFOs located in a
protection zone of a sole-source surface drinking water supply to obtain an
individual permit. This allows these facilities the ability to apply for coverage
under the CAFO general permit. The proposed rulemaking would also modify the
permitting requirements for new source dry litter poultry CAFOs and expanding
dry litter poultry animal feeding operations (AFOs) for consistency with regulations
regarding existing dry litter poultry CAFOs.
A public hearing on the proposed revisions will be held in Austin on June
13, 2006, at 2:00 p.m., at the Texas Commission on Environmental Quality complex,
Building F, Room 2210. The hearing will be structured for the receipt of oral
or written comments by interested persons. Individuals may present oral statements
when called upon in order of registration. There will be no open discussion
during the hearing; however, an agency staff member will be available to discuss
the proposal 30 minutes prior to the hearing.
Comments may be submitted to Joyce Spencer, Texas Register Team, Office
of Legal Services, Texas Commission on Environmental Quality, MC 205, P.O.
Box 13087, Austin, Texas 78711-3087, or by fax to (512) 239-4808. All comments
should reference Rule Project Number 2005-062-321-PR. Comments must be received
by 5:00 p.m., June 19, 2006. Copies of the proposed rule can be obtained from
the Texas Commission on Environmental Quality's Web site at
http://www.tceq.state.tx.us/nav/rules/propose_adopt.html
. For further
information, please contact Beth Helms, Water Quality Division, at (512) 239-2526.
Persons who have special communication or other accommodation needs who
are planning to attend the hearings should contact Joyce Spencer, Office of
Legal Services, at (512) 239-5017. Requests should be made as far in advance
as possible.
TRD-200602478
Stephanie Bergeron Perdue
Acting Deputy Director, Office of Legal Services
Texas Commission on Environmental Quality
Filed: May 3, 2006
The following notices were issued during the period of May 4, 2006 through
May 9, 2006.
The following require the applicants to publish notice in the newspaper.
The public comment period, requests for public meetings, or requests for a
contested case hearing may be submitted to the Office of the Chief Clerk,
Mail Code 105, P.O. Box 13087, Austin, Texas 78711-3087, WITHIN 30 DAYS OF
THE DATE OF NEWSPAPER PUBLICATION OF THIS NOTICE.
Chevron Phillips Chemical Company LP, which operates the Orange Plant,
a polyethylene manufacturing facility, has applied for a major amendment to
TPDES Permit No. WQ0000359000 to increase the daily maximum effluent limitation
for total suspended solids at Outfall 001 and reduce the monitoring frequencies
for total copper, oil & grease, biochemical oxygen demand (5-day), and
chemical oxygen demand at Outfall 001. The current permit authorizes the discharge
of process wastewater, utility wastewater, storm water, and domestic wastewater
at a daily average flow not to exceed 3,150,000 gallons per day via Outfall
001. The facility is located on the south side of Farm-to-Market Road 1006,
approximately 1.7 miles east of the intersection of Farm-to-Market Road 1006
and State Highway 87, southwest of the City of Orange, Orange County, Texas.
City of Caddo Mills has applied for a new permit, proposed Texas Pollutant
Discharge Elimination System (TPDES) Permit No. WQ0010425002, to authorize
the discharge of treated domestic wastewater at a daily average flow not to
exceed 375,000 gallons per day. The facility will be located approximately
2,100 feet west of the intersection of Farm-to-Market Road 36 and Farm-to-Market
Road 1903 in Hunt County, Texas.
City of Ladonia has applied for a renewal of TPDES Industrial Permit No.
04300 and to convert the permit to TPDES Domestic Permit No. 14637-001, which
authorizes the discharge of treated domestic wastewater at a daily average
flow not to exceed 530,000 gallons per day. The facility is located approximately
900 feet west of State Highway 50 and approximately 700 feet south of the
intersection of State Highway 50 and Farm-to-Market Road 2456 in Fannin County,
Texas.
The Texas Commission on Environmental Quality (TCEQ) has initiated a minor
modification of the Texas Pollutant Discharge Elimination System (TPDES) permit
issued to the City of Port Arthur, to incorporate a substantial modification
to the approved pretreatment program and changes to the biomonitoring testing
frequency. The applicant has applied to the TCEQ for approval of a substantial
modification to its approved pretreatment program under the TPDES program.
The existing permit authorizes the discharge of treated domestic wastewater
at an annual average flow not to exceed 9,200,000 gallons per day. The facility
is located 6300 Proctor Street, approximately 0.2 miles east of the intersection
of Proctor Street and Main Avenue, 3.3 miles northeast of the intersection
of U.S. Highway 287/96/69 and State Highway 87 in Jefferson County, Texas
in Jefferson County, Texas.
Clay/Peek 640, L.P. has applied for a major amendment to TPDES Permit No.
WQ0014635001 to change the point of discharge. The current point of discharge
is to an unnamed drainage ditch thence to Harris County Flood Control District
(HCFCD) ditch U-109-09. The proposed point of discharge will be to HCFCD ditch
U-101-09-00 (which will be constructed in conjunction with the proposed development).
The facility will be located 1,500 feet west and 650 feet north of the intersection
of Clay Road and Peek Road in Harris County, Texas.
Coil Tubing Services, L.L.C., which operates a truck washing and general
maintenance facility for oil field trucks, has applied for a renewal of TPDES
Permit No. 0004589000, which authorizes the discharge of treated truck wash
water at a daily average flow not to exceed 1,000 gallons per day via Outfall
001. The facility is located approximately 1,000 feet east of Country Club
Road and north of County Road No. 342, approximately 2 miles east of the City
of Alice, Jim Wells County, Texas.
Fruitvale Independent School District has applied for a renewal of TPDES
Permit No. 12369-001, which authorizes the discharge of treated domestic wastewater
at a daily average flow not to exceed 5,400 gallons per day. The facility
is located approximately 1,200 feet northeast of the intersection of U.S.
Highway 80 and Farm-to-Market Road 1910 and approximately 2.1 miles east of
the intersection of U.S. Highway 80 and State Highway 19 in Van Zandt County,
Texas.
LANXESS Corporation, which operates a synthetic rubber manufacturing plant,
has applied for a major amendment to reduce monitoring frequencies for biochemical
oxygen demand (5-day), chemical oxygen demand, total suspended solids, and
oil & grease at Outfall 001; remove effluent limitations and monitoring
requirements for total zinc, toluene, total phenols, total mercury, cyclohexane,
and total residual chlorine at Outfall 001 (or reduce the monitoring frequencies
as an alternative); and increase the daily average permitted flow at Outfall
001 to 6,000,000 gallons per day. The current permit authorizes the discharge
of process wastewater, utility wastewater, domestic wastewater, and storm
water runoff at a daily average flow not to exceed 5,200,000 gallons per day
via Outfall 001. The facility is located at 4647 Farm-to-Market Road 1006,
approximately 2800 feet southeast of the intersection of Farm-to-Market Road
1006 and Foreman Road in the City of West Orange, Orange County, Texas.
Magellan Terminals Holdings, L.P., which operates the Corpus Christi Terminal,
a bulk petroleum storage terminal, has applied for a renewal of TPDES Permit
No. WQ0002070000, which authorizes the discharge of oily wastewater and storm
water at a daily maximum dry weather flow not to exceed 350,000 gallons per
day via Outfall 001. The facility is located at 1802 Poth Lane, approximately
250 feet northwest of the intersection of Interstate Highway 37 and Poth Lane
in the City of Corpus Christi, Nueces County, Texas.
Timberwood Development Company, L.P. has applied for a new permit, Proposed
Permit No. WQ0014670001, to authorize the disposal of treated domestic wastewater
at a daily average flow not to exceed 18,000 gallons per day via non-public
access subsurface low pressure drainfields with a minimum area of 180,000
square feet. The facility and disposal site are located 820 feet southeast
of the intersection of Harmony Hills and Shady Acres and the disposal area
is located 1,600 feet southeast of the intersection of Harmony Hills and Shady
Acres in Bexar County, Texas in the drainage basin of Mustang Creek in Segment
No. 1910 of the San Antonio River Basin.
TRD-200602591
LaDonna Castañuela
Chief Clerk
Texas Commission on Environmental Quality
Filed: May 10, 2006
Notices issued May 1 through May 8, 2006:
APPLICATION NO. 5594A; Bradley B. Ware, 911 Gann Branch Road, Killeen,
Texas 76549, applicant, has applied for an amendment to its existing Water
Use Permit on the Lampasas River, Brazos River Basin, in Bell County to extend
or delete the expiration date of November 7, 2007, add an additional 31 acres
for irrigation, and to divert and use an additional 20 acre-feet of water.
The application was received on November 17, 2005. Additional information
and fees were received on February 8, 2006. The application was accepted for
filing and declared administratively complete on March 20, 2006. The Commission
will review the application as submitted by the applicant and may or may not
grant the application as requested. Written public comments and requests for
a public meeting should be submitted to the Office of Chief Clerk, at the
address provided in the information section below, within 30 days of the date
of newspaper publication of the notice.
Application No. 12001; Reece Albert, Inc., 3001 Foster Road, San Angelo,
Texas 76903, Applicant, has applied for a temporary water use permit for authorization
to divert and use 24.5 acre- feet of water within a three year period from
the Concho River, Colorado River Basin, for industrial purposes in Tom Green
County. The application was received on January 3, 2006 and additional fees
were received on March 1, 2006. The application was declared administratively
complete and filed with the Office of the Chief Clerk on March 13, 2006. The
temporary permit, if issued, will be junior in priority to all existing water
rights in the Colorado River Basin. The Commission will review the application
as submitted by the applicant and may or may not grant the application as
requested. Written public comments and requests for a public meeting should
be submitted to the Office of Chief Clerk, at the address provided in the
information section below, by May 30, 2006.
APPLICATION NO. 5928; High Point Lake Estates Property Owners Association,
19221 I-45 South, Suite 320, Conroe, Texas, 77385, Applicant, has applied
for a Water Use Permit to construct and maintain four (4) dams and reservoirs
on an unnamed tributary of Highpoint Creek, Trinity River Basin for in-place
recreational purposes in Rockwall County. The application was received on
November 30, 2005. Additional information and fees were received on February
10, 2006. The application was accepted for filing and declared administratively
complete on March 21, 2006. Applicant indicates they will have a purchase
agreement with RCH Water Supply Corporation to provide up to 85 acre-feet
of make-up water. The Commission will review the application as submitted
by the applicant and may or may not grant the application as requested. Written
public comments and requests for a public meeting should be submitted to the
Office of Chief Clerk, at the address provided in the information section
below, within 30 days of the date of newspaper publication of the notice.
Application No. 12024; The North Texas Municipal Water District (NTMWD),
P.O. Box 2408, Wylie, Texas 75098, Applicant, has applied for a temporary
water use permit to divert and use not to exceed 16,859 acre-feet of water
within a 3 year period from the East Fork Trinity River, Trinity River Basin,
for agricultural purposes in Kaufman County to facilitate the development
of a constructed wetland. The application and partial fees were received on
February 21, 2006, and additional information was received on April 4, 2006.
The application was declared administratively complete and filed with the
Office of the Chief Clerk on April 12, 2006. The Commission will review the
application as submitted by the applicant and may or may not grant the application
as requested. Written public comments and requests for a public meeting should
be submitted to the Office of Chief Clerk, at the address provided in the
information section below, by Monday, May 22, 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-200602593
LaDonna Castañuela
Chief Clerk
Texas Commission on Environmental Quality
Filed: May 10, 2006
The State Office of Administrative Hearings issued a Proposal for Decision
and Order to the Texas Commission on Environmental Quality on May 8, 2006,
in the matter of the Executive Director of the Texas Commission on Environmental
Quality, Petitioner v. Mohammad Reza Samadi dba Express Auto Service; SOAH
Docket No. 582-06-1501; TCEQ Docket No. 2005-0318-PST-E. The commission will
consider the Administrative Law Judge's Proposal for Decision and Order regarding
the enforcement action against Mohammad Reza Samadi dba Express Auto Service
on a date and time to be determined by the Office of the Chief Clerk in Room
201S of Building E, 12100 N. Interstate 35, Austin, Texas. This posting is
Notice of Opportunity to Comment on the Proposal for Decision and Order. The
comment period will end 30 days from date of this publication. Written public
comments should be submitted to the Office of the Chief Clerk, MC-105, TCEQ,
P.O. Box 13087, Austin, Texas 78711-3087. If you have any questions or need
assistance, please contact Paul Munguia, Office of the Chief Clerk, (512)
239-3300.
TRD-200602594
LaDonna Castañuela
Chief Clerk
Texas Commission on Environmental Quality
Filed: May 10, 2006
The Texas Commission on Environmental Quality (TCEQ or commission) staff
is providing an opportunity for written public comment on the listed Agreed
Orders (AOs) in accordance with Texas Water Code (the Code), §7.075,
which requires that the commission may not approve these AOs unless the public
has been provided an opportunity to submit written comments. Section 7.075
requires that notice of the proposed orders and the opportunity to comment
must be published in the
Texas Register
no
later than the 30th day before the date on which the public comment period
closes, which in this case is
June 19, 2006
.
Section 7.075 also requires that the commission promptly consider any written
comments received and that the commission may withhold approval of an AO if
a comment discloses facts or considerations that indicate the proposed AO
is inappropriate, improper, inadequate, or inconsistent with the requirements
of the Code, the Texas Health and Safety Code (THSC), and/or the Texas Clean
Air Act (the Act). Additional notice is not required if changes to an AO are
made in response to written comments.
A copy of each proposed AO is available for public inspection at both the
commission's central office, located at 12100 Park 35 Circle, Building C,
1st Floor, Austin, Texas 78753, (512) 239-1864 and at the applicable regional
office listed as follows. Written comments about an AO should be sent to the
enforcement coordinator designated for each AO at the commission's central
office at P.O. Box 13087, Austin, Texas 78711-3087 and must be
received by 5:00 p.m. on June 19, 2006
. Written comments may also be
sent by facsimile machine to the enforcement coordinator at (512) 239- 2550.
The commission enforcement coordinators are available to discuss the AOs and/or
the comment procedure at the listed phone numbers; however, §7.075 provides
that comments on the AOs should be submitted to the commission in
writing
.
(1) COMPANY: Raymond Balderas; DOCKET NUMBER: 2005-1082-LII-E; IDENTIFIER:
Regulated Entity Reference Number (RN) RN104598842; LOCATION: Kendalia, Kendall
County, Texas; TYPE OF FACILITY: landscape business; RULE VIOLATED: 30 TAC §30.5(a)
and §344.4(a), the Code, §37.003, and Texas Occupations Code, §1903.251,
by failing to obtain an irrigator license; 30 TAC §334.58(b), by failing
to refrain from using the license of someone else who is a licensed irrigator;
and 30 TAC §344.73, by failing to properly connect an irrigation system
to a public or private potable water supply using an approved backflow prevention
method; PENALTY: $1,200; ENFORCEMENT COORDINATOR: Trina Greico, (210) 490-3096;
REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.
(2) COMPANY: Rollins E. Bilby; DOCKET NUMBER: 2006-0069-MSW-E; IDENTIFIER:
RN104781901; LOCATION: Lake Bridgeport, Wise County, Texas; TYPE OF FACILITY:
property; RULE VIOLATED: 30 TAC §330.5(c), by failing to dispose of municipal
solid waste and brush at an authorized site; PENALTY: $2,000; ENFORCEMENT
COORDINATOR: Dana Shuler, (512) 239-2505; REGIONAL OFFICE: 2301 Gravel Drive,
Fort Worth, Texas 76118-6951, (817) 588- 5800.
(3) COMPANY: Community Water Company dba Rolling Hills Water System; DOCKET
NUMBER: 2006-0119-PWS-E; IDENTIFIER: RN102690310; LOCATION: Corsicana, Navarro
County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.46(j),
(l), and (r), by failing to keep on file and make available for review the
customer inspection certificates, by failing to flush dead-end mains at monthly
intervals, and by failing to provide a minimum pressure of 35 pounds per square
inch throughout the distribution system; 30 TAC §290.121(a), by failing
to keep on file and make available for review an up-to-date chemical and microbiological
monitoring plan for the water system; 30 TAC §290.42(j), by failing to
use chemicals in the water supplied to the public; 30 TAC §290.43(c)(4)
and (e), by failing to equip the ground storage tank with a liquid level indicator
and by failing to enclose the pump house and storage tanks with an intruder-resistant
fence with lockable gates or in a lockable building; and 30 TAC §290.110(b)(4),
by failing to maintain a free chlorine residual of 0.2 milligrams per liter
throughout the distribution system; PENALTY: $1,364; ENFORCEMENT COORDINATOR:
Sandy VanCleave, (512) 239-0667; REGIONAL OFFICE: 2301 Gravel Drive, Fort
Worth, Texas 76118- 6951, (817) 588-5800.
(4) COMPANY: City of Dalworthington Gardens; DOCKET NUMBER: 2005-1894-MWD-E;
IDENTIFIER: RN101390110; LOCATION: Dalworthington Gardens, Tarrant County,
Texas; TYPE OF FACILITY: manhole and collection system; RULE VIOLATED: the
Code, §26.121(a), by failing to prevent an unauthorized discharge of
wastewater; PENALTY: $3,750; ENFORCEMENT COORDINATOR: Pamela Campbell, (512)
239-4493; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951,
(817) 588-5800.
(5) COMPANY: Delta Tubular International, L.P.; DOCKET NUMBER: 2006-0178-IWD-E;
IDENTIFIER: RN100650621; LOCATION: Houston, Harris County, Texas; TYPE OF
FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), Texas
Pollutant Discharge Elimination (TPDES) Permit Number 0004690000, and the
Code, §26.121(a), by failing to comply with permitted effluent limits
for chemical oxygen demand, oil and grease, total copper, total silver, total
zinc, and total residual chlorine; PENALTY: $3,276; ENFORCEMENT COORDINATOR:
Tom Greimel, (512) 239-5690; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston,
Texas 77023-1486, (713) 767-3500.
(6) COMPANY: Flo Community Water Supply Corporation; DOCKET NUMBER: 2006-0113-
PWS-E; IDENTIFIER: RN101440949; LOCATION: Buffalo, Leon County, Texas; TYPE
OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.45(b)(1)(D)(i),
(iii), and (iv) and THSC, §341.0315(c), by failing to meet the minimum
total capacity requirement of 0.6 gallons per minute (gpm) per connection
with two or more wells, by failing to provide two or more pumps that have
a total service pump capacity of two gpm per connection, by failing to provide
a pressure tank capacity of 20 gallons per connection, and by failing to provide
an elevated storage capacity; 30 TAC §290.42(e)(4)(C), by failing to
provide forced air ventilation fans in the gas chlorination rooms; 30 TAC §290.46(j),
(n)(2), and (t), by failing to complete a customer service inspection certificate,
by failing to maintain and make available an accurate and up-to-date map of
the distribution system, and by failing to post a legible sign in plain view
that includes the name of the water supply and a telephone number where a
responsible official can be contacted; 30 TAC §290.41(c)(3)(M), by failing
to provide a suitable sampling tap; 30 TAC §290.43(c)(8) and (e), by
failing to properly maintain the exterior coating on the ground storage tank
and by failing to provide an intruder-resistant fence; and 30 TAC §290.118(a)
and (b), by failing to adhere to the secondary constituent maximum contaminant
level for iron; PENALTY: $2,784; ENFORCEMENT COORDINATOR: Rebecca Clausewitz,
(210) 490-3096; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas
76710-7826, (254) 751-0335.
(7) COMPANY: Phillip M. Grisham, Sr.; DOCKET NUMBER: 2006-0317-OSI-E; IDENTIFIER:
RN103337218; LOCATION: Hilltop Lakes, Leon County, Texas; TYPE OF FACILITY:
on-site sewage; RULE VIOLATED: 30 TAC §285.3(a) and THSC, §366.051(a),
by failing to obtain the required permit prior to beginning the construction
of an on- site sewage facility; PENALTY: $300; ENFORCEMENT COORDINATOR: Lynley
Doyen, (512) 239-1364; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco,
Texas 76710-7826, (254) 751-0335.
(8) COMPANY: Gulf Bayport Chemicals L.P.; DOCKET NUMBER: 2006-0030-IHW-E;
IDENTIFIER: RN100219096; LOCATION: Pasadena, Harris County, Texas; TYPE OF
FACILITY: chemical plant; RULE VIOLATED: 30 TAC §305.64(g), 40 Code of
Federal Regulations (CFR) §270.40(b), and THSC, §361.085, by failing
to demonstrate compliance with the requirements of 30 TAC Chapter 37, Subchapter
P within six months of the date of the change of ownership or operational
control of the facility; PENALTY: $2,180; ENFORCEMENT COORDINATOR: Michael
Meyer, (512) 239-4492; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston,
Texas 77023-1486, (713) 767-3500.
(9) COMPANY: GWD Operating, Limited dba Vintage Car Wash; DOCKET NUMBER:
2006- 0060-PST-E; IDENTIFIER: RN101546299; LOCATION: Coppell, Dallas County,
Texas; TYPE OF FACILITY: auto detail and car wash with retail sales of gasoline;
RULE VIOLATED: 30 TAC §115.246(1) and (4) and THSC, §382.085(b),
by failing to maintain Stage II records on site at the station and make them
immediately available for inspection; 30 TAC §115.245(2) and (6) and
THSC, §382.085(b), by failing to verify proper operation of the Stage
II equipment and by failing to submit the results of all Stage II tests to
the appropriate regional office; 30 TAC §334.50(b)(2)(A)(i)(III) and
(ii)(I) and the Code, §26.3475(a), by failing to test the line leak detectors
and by failing to provide proper release detection; PENALTY: $3,840; ENFORCEMENT
COORDINATOR: Judy Kluge, (817) 588-5800; REGIONAL OFFICE: 2301 Gravel Drive,
Fort Worth, Texas 76118-6951, (817) 588-5800.
(10) COMPANY: Randy L. Gardner dba Handy Randy's; DOCKET NUMBER: 2006-0444-
PST-E; IDENTIFIER: RN101800530; LOCATION: Colmesneil, Tyler County, Texas;
TYPE OF FACILITY: fuel distributor; RULE VIOLATED: 30 TAC §334.8(c)(5)(A)(i),
by failing to have a valid delivery certificate; PENALTY: $875; ENFORCEMENT
COORDINATOR: Melissa Keller, (512) 239-1768; REGIONAL OFFICE: 3870 Eastex
Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.
(11) COMPANY: Mike Hweide dba Hicks Country Store; DOCKET NUMBER: 2006-0443-
PST-E; IDENTIFIER: RN101433712; LOCATION: Southlake, Tarrant 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 proper 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.
(12) COMPANY: Zulfigar K. Momin dba Hungerford Supermarket 344; DOCKET
NUMBER: 2003-0972-PST-E; IDENTIFIER: Petroleum Storage Tank Facility Identification
Number 27984; LOCATION: Hungerford, Wharton County, Texas; TYPE OF FACILITY:
convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §37.815(a)
and (b), by failing to provide acceptable financial assurance; PENALTY: $4,200;
ENFORCEMENT COORDINATOR: Harvey Wilson, (512) 239-0321; REGIONAL OFFICE: 5425
Polk Avenue, Suite H, Houston, Texas 77023- 1486, (713) 767-3500.
(13) COMPANY: Huntsman Petrochemical Corporation; DOCKET NUMBER: 2006-0107-AIR-
E; IDENTIFIER: RN100219252; LOCATION: Port Neches, Jefferson County, Texas;
TYPE OF FACILITY: petrochemical production; RULE VIOLATED: 30 TAC §116.115(b)(2)(F)
and (c), Permit Number 5952A, and THSC, §382.085(b), by failing to prevent
unauthorized emissions; and 30 TAC §101.201(a)(1)(B) and THSC, §382.085(b),
by failing to properly notify the commission of a reportable emissions event;
PENALTY: $15,798; ENFORCEMENT COORDINATOR: John Barry, (409) 898-3838; REGIONAL
OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.
(14) COMPANY: Innovene USA L.L.C.; DOCKET NUMBER: 2006-0149-AIR-E; IDENTIFIER:
RN104579487; LOCATION: Texas City, Galveston County, Texas; TYPE OF FACILITY:
chemical plant; RULE VIOLATED: 30 TAC §116.115(c), Air Permit Number
8978, and THSC, §382.085(b), by failing to prevent unauthorized emissions
of ethylene; PENALTY: $2,040; ENFORCEMENT COORDINATOR: Scott Barnett, (713)
767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486,
(713) 767-3500.
(15) COMPANY: Manh Le dba M & D Grocery; DOCKET NUMBER: 2006-0301-PST-E;
IDENTIFIER: RN102714169; LOCATION: Port Arthur, Jefferson County, Texas; TYPE
OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED:
30 TAC §334.50(b)(1)(A) and (d)(1)(B)(ii) and the Code, §26.3475(c)(1),
by failing to monitor underground storage tanks (USTs) for releases and by
failing to conduct reconciliation of detailed inventory control records; PENALTY:
$1,500; ENFORCEMENT COORDINATOR: Steven Mahr, (512) 239-6017; REGIONAL OFFICE:
3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.
(16) COMPANY: M. A. D. Property Management, L.P. dba J & H Exxon; DOCKET
NUMBER: 2006-0198-PST-E; IDENTIFIER: RN102250081; LOCATION: Azle, Tarrant
County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline;
RULE VIOLATED: 30 TAC §334.7(d)(3), by failing to provide an amended
UST registration to the commission; 30 TAC §115.242(3) and THSC, §382.085(b),
by failing to maintain the Stage II vapor recovery system in proper operating
condition; and 30 TAC §334.50(d)(1)(B)(ii) and (iii)(I) and the Code, §26.3475(c)(1),
by failing to conduct reconciliation of detailed inventory control records
and by failing to record inventory volume measurement for regulated substance
inputs, withdrawals, and the amount still remaining in the tank each operating
day; PENALTY: $3,492; ENFORCEMENT COORDINATOR: Judy Kluge, (817) 588-5800;
REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(17) COMPANY: Monarch Utilities I L.P.; DOCKET NUMBER: 2006-0152-MWD-E;
IDENTIFIER: RN102287125; LOCATION: Eustace, Henderson County, Texas; TYPE
OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1)
and (17), TPDES Permit Number WQ0011506001, and the Code, §26.121(a),
by failing to comply with the permitted effluent limits for ammonia nitrogen
and by failing to submit discharge monitoring report data; PENALTY: $3,492;
ENFORCEMENT COORDINATOR: Brian Lehmkuhle, (512) 239-4482; REGIONAL OFFICE:
2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.
(18) COMPANY: Wanda Morgan; DOCKET NUMBER: 2006-0464-PST-E; IDENTIFIER:
RN104093596; LOCATION: San Angelo, Tom Green 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; and 30 TAC §334.49(a)(1), by
failing to provide corrosion protection; PENALTY: $3,500; ENFORCEMENT COORDINATOR:
Melissa Keller, (512) 239- 1768; REGIONAL OFFICE: 622 South Oakes, Suite K,
San Angelo, Texas 76903-7013, (915) 655- 9479.
(19) COMPANY: NNN Amberoaks, L.L.C.; DOCKET NUMBER: 2006-0253-EAQ-E; IDENTIFIER:
RN102133238; LOCATION: Cedar Park, Williamson County, Texas; TYPE OF FACILITY:
property; RULE VIOLATED: 30 TAC §213.4(a)(1), by failing to obtain approval
of an Edwards Aquifer protection plan; PENALTY: $2,880; ENFORCEMENT COORDINATOR:
Carolyn Lind, (903) 535-5100; REGIONAL OFFICE: 1921 Cedar Bend Drive, Suite
150, Austin, Texas 78758-5336, (512) 339-2929.
(20) COMPANY: Producers' Cooperative Elevator; DOCKET NUMBER: 2006-0463-PST-E;
IDENTIFIER: RN102789062; LOCATION: Dougherty, Floyd County, Texas; TYPE OF
FACILITY: fuel distributor; RULE VIOLATED: 30 TAC §334.8(c)(5)(A)(i),
by failing to have a valid delivery certificate prior to receiving fuel; PENALTY:
$875; ENFORCEMENT COORDINATOR: Melissa Keller, (512) 239-1768; REGIONAL OFFICE:
4630 50th Street, Suite 600, Lubbock, Texas 79414-3520, (806) 796-7092.
(21) COMPANY: South Tawakoni Water Supply Corporation; DOCKET NUMBER: 2005-
2023-PWS-E; IDENTIFIER: RN101459337; LOCATION: Edgewood, Van Zandt County,
Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.113(f)(4)
and THSC, §341.0315(c), by exceeding the maximum contaminant level for
total trihalomethanes; PENALTY: $313; ENFORCEMENT COORDINATOR: Cheryl Thompson,
(817) 588-5800; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3756,
(903) 535-5100.
(22) COMPANY: Superior Stone Inc.; DOCKET NUMBER: 2006-0173-MLM-E; IDENTIFIER:
RN104796594; LOCATION: Jarrell, Williamson County, Texas; TYPE OF FACILITY:
stone cutting operation; 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
stone cutting activities; 30 TAC §213.4(a)(1), by failing to submit an
Edwards Aquifer Protection Plan for commission approval; and 30 TAC §335.4
and the Code, §26.121(c), by failing to prevent an unauthorized discharge
of industrial waste; PENALTY: $9,600; ENFORCEMENT COORDINATOR: Brent Hurta,
(512) 239-6589; REGIONAL OFFICE: 1921 Cedar Bend Drive, Suite 150, Austin,
Texas 78758-5336, (512) 339-2929.
(23) COMPANY: Three Lakes Land Company, L.L.C.; DOCKET NUMBER: 2006-0151-
MSW-E; IDENTIFIER: RN104801121; LOCATION: Harlingen, Cameron County, Texas;
TYPE OF FACILITY: unauthorized waste disposal site; RULE VIOLATED: 30 TAC §330.5(a),
by failing to prevent the disposal of municipal solid waste at an unauthorized
disposal site; PENALTY: $577 ENFORCEMENT COORDINATOR: Jaime Garza, (956) 425-6010;
REGIONAL OFFICE: 1804 West Jefferson Avenue, Harlingen, Texas 78550-5247,
(956) 425-6010.
(24) COMPANY: University of Texas Medical Branch at Galveston; DOCKET NUMBER:
2005-1973-AIR-E; IDENTIFIER: RN101921138; LOCATION: Galveston, Galveston County,
Texas; TYPE OF FACILITY: hospital with incinerator and crematory stacks; RULE
VIOLATED: 30 TAC §113.2072(a) and (b)(2), §116.115(c), Permit Number
18655, and THSC, §382.085(b), by failing to operate within the permitted
limits for opacity and emission limits for particulate matter; 30 TAC §113.2075(a)(2)(B)
and §116.115(c), Permit Number 18655, and THSC, §382.085(b), by
failing to perform annual performance stack tests; PENALTY: $9,120; ENFORCEMENT
COORDINATOR: Craig Fleming, (512) 239-5806; REGIONAL OFFICE: 5425 Polk Avenue,
Suite H, Houston, Texas 77023-1486, (713) 767-3500.
TRD-200602572
Stephanie Bergeron Perdue
Acting Deputy Director, Office of Legal Services
Texas Commission on Environmental Quality
Filed: May 9, 2006
Notice Concerning Implementation Date for CHIP Eligibility for Unborn Children Rule at 1 TAC §370.401
The Texas Health and Human Services Commission (HHSC) adopted 1 TAC §370.401,
Eligibility for Unborn Children, as published in the April 28, 2006, issue
of the
Texas Register
(31 TexReg 3527), with
an effective date of April 30, 2006. This Notice clarifies that HHSC does
not intend to implement this rule until September 1, 2006.
TRD-200602586
Steve Aragón
Chief Counsel
Texas Health and Human Services Commission
Filed: May 9, 2006
Adopted Rates. As the single state agency for the state Medicaid program,
the Texas Health and Human Services Commission adopts a new per diem payment
rate for the Truman Smith Children's Care Center in the amount of $174.48.
The payment rate is adopted to be effective January 1, 2006.
Methodology and Justification: The adopted rate was determined in accordance
with the rate setting methodologies for the nursing facility/pediatric care
facility special rate class at 1 TAC §§355.307(c) (relating to Reimbursement
Setting Methodology), 355.101 (relating to Introduction), and 355.109 (relating
to Adjusting Reimbursement When New Legislation, Regulations, or Economic
Factors Affect Costs).
TRD-200602512
Wendy Pellow
Assistant General Counsel
Texas Health and Human Services Commission
Filed: May 5, 2006
Licensing Actions for Radioactive Materials
TRD-200602597
Cathy Campbell
General Counsel
Department of State Health Services
Filed: May 10, 2006
Notice is hereby given by the Department of State Health Services (department),
Radiation Safety Licensing Branch, that it has amended Radioactive Material
License Number L04971 issued to Waste Control Specialists, LLC (WCS) located
in Andrews County, Texas, one mile North of State Highway 176; 250 feet East
of the Texas/New Mexico State Line; 30 miles West of Andrews, Texas.
Amendment number 40 authorizes the storage of waste, meeting the requirements
of Condition 15.B of the license, in a US Department of Transportation Type
B container, or a Dufrane Secure Environmental Container, or equivalent.
The department has determined that the amendment of the license and the
terms of conditions provide reasonable assurance that the licensee's radioactive
waste processing facility is operated in accordance with the requirements
of Texas Administrative Code (TAC), Chapter 289; the amendment of the license
will not be inimical to the health and safety of the public or the environment;
and the activity represented by the amendment of the license will not have
a significant effect on the human environment.
This notice affords the opportunity for a public hearing upon written request
within 30 days of the date of publication of this notice by a person affected
as set out in 25 TAC, §289.205(f). A "person affected" is defined as
a person who demonstrates that the person has suffered or will suffer actual
injury or economic damage and, if the person is not a local government, is
(a) a resident of a county, or a county adjacent to a county, in which the
radioactive material is or will be located; or (b) doing business or has a
legal interest in land in the county or adjacent county.
A person affected may request a hearing by writing Richard A. Ratliff,
P.E., Radiation Program Officer, Department of State Health Services, 1100
West 49th Street, Austin, Texas 78756-3189. Any request for a hearing must
contain the name and address of the person who considers himself affected
by this action, identify the subject license, specify the reasons why the
person considers himself affected, and state the relief sought. If the person
is represented by an agent, the name and address of the agent must be stated.
Should no request for a public hearing be timely filed, the agency action
will be final.
A public hearing, if requested, shall be conducted in accordance with the
provisions of Texas Health and Safety Code, Chapter 401, the Administrative
Procedure Act (Texas Government Code Chapter 2001), the formal hearing procedures
of the department (25 TAC, §1.21 et seq.) and the procedures of the State
Office of Administrative Hearings (1 TAC, Chapter 155).
A copy of the license amendment and supporting materials are available,
by appointment, for public inspection and copying at the office of the Radiation
Safety Licensing Branch, Department of State Health Services, Exchange Building,
8407 Wall Street, Austin, Texas, telephone (512) 834-6688, 8:00 a.m. to 5:00
p.m., Monday - Friday (except holidays). Information relative to inspection
and copying the documents may be obtained by contacting Chrissie Toungate,
Custodian of Records, Radiation Safety Licensing Branch.
TRD-200602595
Cathy Campbell
General Counsel
Department of State Health Services
Filed: May 10, 2006
Notice is hereby given that the Department of State Health Services (department)
issued a Default Order to the following registrant:
Plant and Pipeline Inspection (License #L05746-000) of Rockport. A total
penalty of $4,000 shall be paid by registrant for violations of 25 Texas Administrative
Code, Chapter 289. The registrant shall also comply with additional settlement
agreement requirements.
A copy of all relevant material is available, by appointment, for public
inspection at the Department of State Health Services, Exchange Building,
8407 Wall Street, Austin, Texas, telephone (512) 834-6688, Monday-Friday,
8:00 a.m. to 5:00 p.m. (except holidays).
TRD-200602596
Cathy Campbell
General Counsel
Department of State Health Services
Filed: May 10, 2006
Company Licensing
Application for incorporation to the State of Texas by GLOBAL GUARDIAN
INSURANCE COMPANY, a domestic fire and/or casualty company. The home office
is in El Paso, 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-200602601
Gene C. Jarmon
Chief Clerk and General Counsel
Texas Department of Insurance
Filed: May 10, 2006
The Commissioner of Insurance (Commissioner) will hold a public hearing
under Docket No. 2641, on June 6, 2006 at 9:30 a.m. in Room 100 of the William
P. Hobby, Jr. State Office Building, 333 Guadalupe Street in Austin, Texas,
to consider the appointment of a local recording agent representative to the
Board of Directors of the Texas Windstorm Insurance Association (TWIA). Garry
P. Kaufman, of the Galveston Insurance Associates in Galveston, Texas, has
been nominated by the Texas Department of Insurance staff for reappointment
to a third three-year term as one of the two local recording agent members
to serve on the TWIA Board.
The hearing is held pursuant to Texas Insurance Code, Article 21.49, §5A,
which provides that the Commissioner, after notice and hearing, may issue
any orders considered necessary to carry out the purposes of Article 21.49
(Texas Windstorm Insurance Association Act), including but not limited to,
maximum rates, competitive rates, and policy forms. Any person may appear
and testify for or against the proposed appointment.
Texas Insurance Code, Article 21.49, §5(g), provides that the TWIA
Board of Directors shall be composed of nine members. Article 21.49, §5(g)(3)
provides that two of the TWIA board members shall be local recording agents
licensed under the Insurance Code with demonstrated experience in the TWIA
and who, as of the date of the appointment, have principal offices located
in the catastrophe area. Article 21.49, §5(h) provides that members of
the TWIA Board of Directors serve three-year staggered terms with the terms
of three members expiring on the third Tuesday of March of each year.
Any questions concerning this matter should be addressed to Marilyn Hamilton,
Associate Commissioner, Personal and Commercial Lines Division, MC 104-PC,
Texas Department of Insurance, P. O. Box 149104, Austin, Texas 78714-9104.
TRD-200602571
Gene C. Jarmon
Chief Clerk and General Counsel
Texas Department of Insurance
Filed: May 9, 2006
Instant Game Number 672 "Sizzlin' Sevens"
1.0 Name and Style of Game.
A. The name of Instant Game No. 672 is "SIZZLIN’ SEVENS". The play
style for Game 1 is "three in a line". The play style for Game 2 is "match
up". The play style for Game 3 is "key symbol match with auto win".
1.1 Price of Instant Ticket.
A. Tickets for Instant Game No. 672 shall be $7.00 per ticket.
1.2 Definitions in Instant Game No. 672.
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: $7.00, $14.00, $21.00, $35.00, $70.00,
$350, $700, $7,000, $77,000, 1, 2, 3, 4, 5, 6, 8, 9, CACTUS SYMBOL, BRANDING
IRON SYMBOL, BLAZING SUN SYMBOL, MAP SCROLL SYMBOL, STACK OF CASH SYMBOL,
MONEY BAG SYMBOL, GOLD COIN SYMBOL, COVERED WAGON SYMBOL, SPURS SYMBOL, LASSO
SYMBOL, COWBOY HAT SYMBOL and 7 SYMBOL.
D. Play Symbol Caption - The printed material appearing below each Play
Symbol which explains the Play Symbol. One caption appears under each Play
Symbol and is printed in caption font in black ink in positive. The Play Symbol
Caption which corresponds with and verifies each Play Symbol is as follows:
E. Retailer Validation Code - Three (3) letters found under the removable
scratch-off covering in the play area, which retailers use to verify and validate
instant winners. These three (3) small letters are for validation purposes
and cannot be used to play the game. The possible validation codes are:
Low-tier winning tickets use the required codes listed in Figure 2. 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 (thirteen) digit number appearing under
the latex scratch-off covering on the front of the ticket. There is a boxed
four (4) digit Security Number placed randomly within the Serial Number. The
remaining nine (9) digits of the Serial Number are the Validation Number.
The Serial Number is positioned beneath the bottom row of play data in the
scratched-off play area. The Serial Number is for validation purposes and
cannot be used to play the game. The format will be: 0000000000000.
G. Low-Tier Prize - A prize of $7.00, $14.00 or $21.00.
H. Mid-Tier Prize - A prize of $35.00, $70.00 or $350.
I. High-Tier Prize - A prize of $700, $7,000 or $77,000.
J. Bar Code - A 22 (twenty-two) character interleaved two (2) of five (5)
bar code which will include a three (3) digit game ID, the seven (7) digit
pack number, the three (3) digit ticket number and the nine (9) digit Validation
Number. The bar code appears on the back of the ticket.
K. Pack-Ticket Number - A 13 (thirteen) digit number consisting of the
three (3) digit game number (672), a seven (7) digit pack number, and a three
(3) digit ticket number. Ticket numbers start with 001 and end with 075 within
each pack. The format will be: 672-0000001-001.
L. Pack - A pack of "SIZZLIN’ SEVENS" Instant Game tickets contains
75 tickets, packed in plastic shrink-wrapping and fanfolded in pages of one
(1). Ticket 001 will be shown on the front of the pack; the back of ticket
075 will be revealed on the back of the pack. All packs will be tightly shrink-wrapped.
There will be no breaks between the tickets in a pack. Every other book will
reverse i.e., reverse order will be: the back of ticket 001 will be shown
on the front of the pack and the front of ticket 075 will be shown on the
back of the pack.
M. Non-Winning Ticket - A ticket which is not programmed to be a winning
ticket or a ticket that does not meet all of the requirements of these Game
Procedures, the State Lottery Act (Texas Government Code, Chapter 466), and
applicable rules adopted by the Texas Lottery pursuant to the State Lottery
Act and referenced in 16 TAC, Chapter 401.
N. Ticket or Instant Game Ticket, or Instant Ticket - A Texas Lottery "SIZZLIN’
SEVENS" Instant Game No. 672 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 "SIZZLIN’
SEVENS" Instant Game is determined once the latex on the ticket is scratched
off to expose 28 (twenty-eight) Play Symbols. Game 1: If a player reveals
three (3) "7" play symbols in any one row, column or diagonal, the player
wins the prize shown. Game 2: If a player reveals three (3) identical prize
amounts, the player wins that prize. Game 3: If a player matches any of YOUR
SYMBOLS to either WINNING SYMBOL, the player wins the prize shown below that
symbol. If a player reveals a "7" play symbol in any of YOUR SYMBOLS, the
player wins the prize shown below that symbol instantly. No portion of the
display printing nor any extraneous matter whatsoever shall be usable or playable
as a part of the Instant Game.
2.1 Instant Ticket Validation Requirements.
A. To be a valid Instant Game ticket, all of the following requirements
must be met:
1. Exactly 28 (twenty-eight) 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 28 (twenty-eight)
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 28 (twenty-eight) Play Symbols must be exactly one of those
described in Section 1.2.C of these Game Procedures;
17. Each of the 28 (twenty-eight) 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 within a book will not have identical
patterns.
B. Game 1: Players can win once in this play area.
C. Game1: No ticket will contain three (3) or more of a kind other than
the "7" symbol.
D. Game1: The "7" symbol is the only symbol that can be used to make a
winning line.
E. Game 1: On non-winning tickets, there will be at least one row, column
or diagonal with a pair of "7"’s.
F. Game 1: Winning tickets will contain only one (1) winning combinations.
G.Game 1: Tickets will not contain four (4) "7" symbols in all 4 corners.
H. Game 2: Players can win once in this play area.
I. Game 2: There will never be more than one (1) set of three (3) like
prize amounts on a single ticket.
J. Game 2: There will never be more than three (3) like prize amounts on
a single ticket.
K. Game 3: Players can win up to ten (10) times in this play area.
L. No more than two (2) like non-winning prize symbols on a ticket.
M. Game 3: No more than two (2) like non-winning YOUR SYMBOLS on a ticket.
N. Game 3: Non-winning prize symbols will not match a winning prize symbol
on a ticket.
O. Game 3: The "7" symbol will never appear more than once on a ticket.
P. Game 3: The "7" symbol will only appear on winning tickets.
Q.Game 3: The "7" symbol will never appear as one of the WINNING SYMBOLS.
R. Game 3: No duplicate WINNING SYMBOLS will appear on a ticket.
2.3 Procedure for Claiming Prizes.
A. To claim a "SIZZLIN’ SEVENS" Instant Game prize of $7.00, $14.00,
$21.00, $35.00, $70.00 or $350, a claimant shall sign the back of the ticket
in the space designated on the ticket and present the winning ticket to any
Texas Lottery Retailer. The Texas Lottery Retailer shall verify the claim
and, if valid, and upon presentation of proper identification, make payment
of the amount due the claimant and physically void the ticket; provided that
the Texas Lottery Retailer may, but is not, in some cases, required to pay
a $35.00, $70.00 or $350 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 "SIZZLIN’ SEVENS" Instant Game prize of $700, $7,000
or $77,000, 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 "SIZZLIN’ SEVENS" 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 "SIZZLIN’
SEVENS" 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 "SIZZLIN’ SEVENS" 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 5,040,000
tickets in the Instant Game No. 672. 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. 672 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. 672,
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-200602590
Kimberly L. Kiplin
General Counsel
Texas Lottery Commission
Filed: May 10, 2006
1.0 Name and Style of Game.
A. The name of Instant Game No. 726 is "MYSTERY MONEY". The play style
is "key symbol match".
1.1 Price of Instant Ticket.
A. Tickets for Instant Game No. 726 shall be $5.00 per ticket.
1.2 Definitions in Instant Game No. 726.
A. Display Printing - That area of the instant game ticket outside of the
area where the Overprint and Play Symbols appear.
B. Latex Overprint - The removable scratch-off covering over the Play Symbols
on the front of the ticket.
C. Play Symbol - The printed data under the latex on the front of the instant
ticket that is used to determine eligibility for a prize. Each Play Symbol
is printed in Symbol font in black ink in positive except for dual-image games.
The possible black play symbols are: $1.00, $2.00, $4.00, $5.00, $10.00, $12.00,
$15.00, $20.00, $50.00, $100, $500, $1,000, $5,000, $10,000, SPOOL OF THREAD
SYMBOL, SCARF SYMBOL, BOOT SYMBOL, NAIL SYMBOL, GLOVE SYMBOL, DIAMOND RING
SYMBOL, TROPHY SYMBOL, HAIR BRUSH SYMBOL, BELL SYMBOL, ANCHOR SYMBOL, FRY
PAN SYMBOL, FISHING HOOK SYMBOL, BOW TIE SYMBOL, CLOVER SYMBOL, TEA CUP SYMBOL,
HUBCAP SYMBOL, COWBOY HAT SYMBOL, NECKLACE SYMBOL, KEY SYMBOL, HORSESHOE SYMBOL,
APPLE SYMBOL, SAFETY PIN SYMBOL, MATCH SYMBOL, PAIL SYMBOL, LEAF SYMBOL, PADDLE
SYMBOL, SAW SYMBOL and THIMBLE SYMBOL.
D. Play Symbol Caption - The printed material appearing below each Play
Symbol which explains the Play Symbol. One caption appears under each Play
Symbol and is printed in caption font in black ink in positive. The Play Symbol
Caption which corresponds with and verifies each Play Symbol is as follows:
E. Retailer Validation Code - Three (3) letters found under the removable
scratch-off covering in the play area, which retailers use to verify and validate
instant winners. These three (3) small letters are for validation purposes
and cannot be used to play the game. The possible validation codes are:
Low-tier winning tickets use the required codes listed in Figure 2:16.
Non-winning tickets and high-tier tickets use a non-required combination of
the required codes listed in Figure 2:16 with the exception of ∅, which
will only appear on low-tier winners and will always have a slash through
it.
F. Serial Number - A unique 13 (thirteen) digit number appearing under
the latex scratch-off covering on the front of the ticket. There is a boxed
four (4) digit Security Number placed randomly within the Serial Number. The
remaining nine (9) digits of the Serial Number are the Validation Number.
The Serial Number is positioned beneath the bottom row of play data in the
scratched-off play area. The Serial Number is for validation purposes and
cannot be used to play the game. The format will be: 0000000000000.
G. Low-Tier Prize - A prize of $5.00, $10.00, $15.00 or $20.00.
H. Mid-Tier Prize - A prize of $50.00, $100 or $500.
I. High-Tier Prize - A prize of $1,000, $5,000 or $50,000.
J. Bar Code - A 22 (twenty-two) character interleaved two (2) of five (5)
bar code which will include a three (3) digit game ID, the seven (7) digit
pack number, the three (3) digit ticket number and the nine (9) digit Validation
Number. The bar code appears on the back of the ticket.
K. Pack-Ticket Number - A 13 (thirteen) digit number consisting of the
three (3) digit game number (726), a seven (7) digit pack number, and a three
(3) digit ticket number. Ticket numbers start with 001 and end with 075 within
each pack. The format will be: 726-0000001-001.
L. Pack - A pack of "MYSTERY MONEY" Instant Game tickets contains 75 tickets,
packed in plastic shrink-wrapping and fanfolded in pages of one (1). Ticket
001 will be shown on the front of the pack; the back of ticket 075 will be
revealed on the back of the pack. All packs will be tightly shrink-wrapped.
There will be no breaks between the tickets in a pack. Every other book will
reverse i.e., reverse order will be: the back of ticket 001 will be shown
on the front of the pack and the front of ticket 075 will shown on the back
of the pack.
M. Non-Winning Ticket - A ticket which is not programmed to be a winning
ticket or a ticket that does not meet all of the requirements of these Game
Procedures, the State Lottery Act (Texas Government Code, Chapter 466), and
applicable rules adopted by the Texas Lottery pursuant to the State Lottery
Act and referenced in 16 TAC Chapter 401.
N. Ticket or Instant Game Ticket, or Instant Ticket - A Texas Lottery "MYSTERY
MONEY" Instant Game No. 726 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 "MYSTERY
MONEY" Instant Game is determined once the latex on the ticket is scratched
off to expose 24 (twenty-four) Play Symbols. If a player matches any of YOUR
ITEMS play symbols to any of the NEEDED ITEMS play symbols, the player wins
the prize shown for that item. 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 24 (twenty-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 24 (twenty-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 24 (twenty-four) Play Symbols must be exactly one of those
described in Section 1.2.C of these Game Procedures;
17. Each of the 24 (twenty-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 within a book will not have identical
patterns.
B. Players can win up to twelve (12) times on a ticket.
C. No duplicate non-winning YOUR ITEMS on a ticket.
D. No duplicate NEEDED ITEMS on a ticket.
E. No duplicate non-winning prize symbols on a ticket.
F. A non-winning prize symbol will never be the same as a winning prize
symbol.
G. The occurrence of a ticket winning all twelve (12) locations will only
appear as dictated by the prize structure.
2.3 Procedure for Claiming Prizes.
A. To claim a "MYSTERY MONEY" Instant Game prize of $5.00, $10.00, $15.00,
$20.00, $50.00, $100 or $500, a claimant shall sign the back of the ticket
in the space designated on the ticket and present the winning ticket to any
Texas Lottery Retailer. The Texas Lottery Retailer shall verify the claim
and, if valid, and upon presentation of proper identification, make payment
of the amount due the claimant and physically void the ticket; provided that
the Texas Lottery Retailer may, but is not, in some cases, required to pay
a $50.00, $100 or $500 ticket. In the event the Texas Lottery Retailer cannot
verify the claim, the Texas Lottery Retailer shall provide the claimant with
a claim form and instruct the claimant on how to file a claim with the Texas
Lottery. If the claim is validated by the Texas Lottery, a check shall be
forwarded to the claimant in the amount due. In the event the claim is not
validated, the claim shall be denied and the claimant shall be notified promptly.
A claimant may also claim any of the above prizes under the procedure described
in Section 2.3.B and Section 2.3.C of these Game Procedures.
B. To claim a "MYSTERY MONEY" Instant Game prize of $1,000, $5,000 or $50,000,
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 "MYSTERY MONEY" Instant Game
prize, the claimant must sign the winning ticket, thoroughly complete a claim
form, and mail both to: Texas Lottery Commission, Post Office Box 16600, Austin,
Texas 78761-6600. The risk of sending a ticket remains with the claimant.
In the event that the claim is not validated by the Texas Lottery, the claim
shall be denied and the claimant shall be notified promptly.
D. Prior to payment by the Texas Lottery of any prize, the Texas Lottery
shall deduct a sufficient amount from the winnings of a person who has been
finally determined to be:
1. delinquent in the payment of a tax or other money collected by the Comptroller,
the Texas Workforce Commission, or Texas Alcoholic Beverage Commission;
2. delinquent in making child support payments administered or collected
by the Attorney General;
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 "MYSTERY MONEY"
Instant Game, the Texas Lottery shall deliver to an adult member of the minor's
family or the minor's guardian a check or warrant in the amount of the prize
payable to the order of the minor.
2.6 If a person under the age of 18 years is entitled to a cash prize of
more than $600 from the "MYSTERY MONEY" Instant Game, the Texas Lottery shall
deposit the amount of the prize in a custodial bank account, with an adult
member of the minor's family or the minor's guardian serving as custodian
for the minor.
2.7 Instant Ticket Claim Period. All Instant Game prizes must be claimed
within 180 days following the end of the Instant Game or within the applicable
time period for certain eligible military personnel as set forth in Texas
Government Code §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. 726. The approximate number and value of prizes
in the game are as follows:
Figure 3: 16 TAC GAME NO. 726 - 4.0
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. 726 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. 726,
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-200602574
Kimberly L. Kiplin
General Counsel
Texas Lottery Commission
Filed: May 9, 2006
Request for Proposals for the Development of the North Central Texas Regional Public Transportation Coordination Plan
This request by the North Central Texas Council of Governments (NCTCOG)
for consultant services is filed under the provisions of Government Code,
Chapter 2254.
The North Central Texas Council of Governments (NCTCOG) is requesting
written proposals from consultant firms to assist in the development of the
North Central Texas Regional Public Transportation Coordination Plan. The
general project scope calls for a consultant to conduct survey(s), research,
collect and compile supporting data, and assist in the development of a plan
for coordinated public transportation services in the urban and rural areas
of the 16-county North Central Texas region. The Plan will meet the requirements
of Chapter 461 of the Texas Transportation Code, including the identification
of short- and long-term strategies that can be implemented in the North Central
Texas region to achieve a more coordinated and efficient transportation system.
The project will be funded through the 2005-2007 Unified Planning Work Program
for Regional Transportation Planning. No engineering services will be required
on this project.
Due Date
Proposals must be received no later than 5 p.m., Central Daylight Time,
on Friday, June 9, 2006, to Michelle Bloomer, Principal Transportation Planner,
North Central Texas Council of Governments, 616 Six Flags Drive, Arlington,
Texas 76011 or P.O. Box 5888, Arlington, Texas 76005-5888. For copies of the
Request for Proposals, contact Therese Bergeon, at (817) 695-9267.
Contract Award Procedures
The firm or individual selected to perform these activities will be recommended
by a Consultant Selection Committee (CSC). The CSC will use evaluation criteria
and methodology consistent with the scope of services contained in the Request
for Proposals. The NCTCOG Executive Board will review the CSC's recommendations
and, if found acceptable, will issue a contract award.
Regulations
NCTCOG, in accordance with Title VI of the Civil Rights Act of 1964, 78
Statute 252, 41 United States Code 2000d to 2000d-4; and Title 49, Code of
Federal Regulations, Department of Transportation, Subtitle A, Office of the
Secretary, Part 1, Nondiscrimination in Federally Assisted Programs of the
Department of Transportation issued pursuant to such act, hereby notifies
all proposers that it will affirmatively assure that in regard to any contract
entered into pursuant to this advertisement, disadvantaged business enterprises
will be afforded full opportunity to submit proposals in response to this
invitation and will not be discriminated against on the grounds of race, color,
sex, age, national origin, or disability in consideration of an award.
TRD-200602598
R. Michael Eastland
Executive Director
North Central Texas Council of Governments
Filed: May 10, 2006
Announcement of Application for an Amendment to a State-Issued Certificate of Franchise Authority
The Public Utility Commission of Texas received an application on May 2,
2006, for an amendment to a state-issued certificate of franchise authority
(CFA), pursuant to §§66.001 - 66.016 of the Public Utility Regulatory
Act (PURA). A summary of the application follows.
Project Title and Number: Application of Time Warner Cable San Antonio,
L.P. to Amend its State-Issued Certificate of Franchise Authority, Project
Number 32673 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 32673.
TRD-200602528
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: May 8, 2006
The Public Utility Commission of Texas received an application on May 2,
2006, for an amendment to a state-issued certificate of franchise authority
(CFA), pursuant to §§66.001 - 66.016 of the Public Utility Regulatory
Act (PURA). A summary of the application follows.
Project Title and Number: Application of Southwestern Bell Telephone, L.P.,
doing business as SBC Texas, to Amend its State-Issued Certificate of Franchise
Authority, Project Number 32675 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 32675.
TRD-200602529
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: May 8, 2006
The Public Utility Commission of Texas received an application on May 5,
2006, to amend a state-issued certificate of franchise authority (CFA), pursuant
to §§66.001- 66.016 of the Public Utility Regulatory Act (PURA).
A summary of the application follows.
Project Title and Number: Application of GTE Southwest Incorporated, doing
business as Verizon Southwest, to Amend its State-Issued Certificate of Franchise
Authority, Project Number 32683 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 32683.
TRD-200602579
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: May 9, 2006
The Public Utility Commission of Texas received an application on May 5,
2006, to amend a state-issued certificate of franchise authority (CFA), pursuant
to §§66.001 - 66.016 of the Public Utility Regulatory Act (PURA).
A summary of the application follows.
Project Title and Number: Application of Marcus Cable Associates, L.L.C.,
doing business as Charter Communications, to Amend its State-Issued Certificate
of Franchise Authority, Project Number 32684 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 32684.
TRD-200602580
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: May 9, 2006
Notice is given to the public of an application filed with the Public Utility
Commission of Texas on May 2, 2006, to amend an eligible telecommunications
provider (ETP) designation pursuant to P.U.C. Substantive Rule §26.417.
Docket Title and Number: Application of PTCI for an Amendment to its Designation
as an Eligible Telecommunications Provider (ETP). Docket Number 32676.
Persons who wish to comment upon the action sought should contact the Public
Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326,
or by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than
June 8, 2006. Hearing and speech- impaired individuals with text telephones
(TTY) may contact the commission at (512) 936-7136 or toll free at 1-800-735-2989.
All comments should reference Docket Number 32676.
TRD-200602530
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: May 8, 2006
Notice is given to the public of the filing with the Public Utility Commission
of Texas (commission) of an application filed on May 5, 2006, for an amendment
to certificated service area boundaries within Kerr County, Texas.
Docket Style and Number: Joint Application of Kerrville Public Utility
Board and Bandera Electric Cooperative, Incorporated for a Certificate of
Convenience and Necessity for a Service Area Exception within Kerr County.
Docket Number 32687.
The Application: Kerrville Public Utility Board requests a service area
exception to serve Phase 10 of the Comanche Trace Subdivision. Bandera Electric
Cooperative, Incorporated is in full agreement with the territory amendment
and agrees to relinquish its right to serve Phase 10 of the Comanche Trace
Subdivision.
Persons wishing to comment on the action sought or intervene should contact
the Public Utility Commission of Texas no later than May 26, 2006, by mail
at P. O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120
or toll-free at 1-888-782-8477. Hearing and speech-impaired individuals with
text telephone (TTY) may contact the commission at (512) 936-7136 or use Relay
Texas (toll-free) 1-800-735-2989. All comments should reference Docket Number
32687.
TRD-200602582
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: May 9, 2006
On May 5, 2006, the Electric Reliability Council of Texas, Incorporated
(ERCOT) filed with the Public Utility Commission of Texas (commission) its
Application for Approval of a Nodal Market Implementation Surcharge and Request
for Interim Relief.
ERCOT filed this application to initiate the process of establishing a
funding mechanism for the implementation of a Nodal Market within ERCOT. ERCOT
states the surcharge is necessary in order to provide funds to acquire the
personnel, software, equipment, training, and services necessary to develop
and implement a reliable Nodal Market. An interim Nodal Surcharge of $0.0663
per MWh to be effective in June 2006 is requested, and ERCOT proposes the
Nodal Surcharge initially be assessed to all market participants. The effective
date for the permanent Nodal Surcharge is upon approval by the commission.
ERCOT proposes that the commission establish a procedural framework that would
facilitate changes in the amount of the Nodal Surcharge.
Persons who wish to intervene or comment should contact the Public Utility
Commission of Texas by mail at P. O. Box 13326, Austin, Texas 78711-3326,
or by phone at (512) 936-7120 or toll free at 1-888-782-8477. Hearing and
speech-impaired individuals with text telephone (TTY) may contact the commission
at (512) 936-7136 or toll free at 1-800-735-2989. All comments and interventions
should reference Docket Number 32686.
ERCOT has posted notice and a copy of its application on its website at
http://www.ercot.com/about/governance/legal_notices.html. Interested parties
may also access ERCOT’s application through the Public Utility Commission’s
web site at http://www.puc.state.tx.us under Docket Number 32686 -
Application of the Electric Reliability Council of Texas for Approval of a
Nodal Market Implementation Surcharge and Request for Interim Relief
.
TRD-200602581
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: May 9, 2006
Notice is given to the public of a joint application for sale, transfer,
or merger filed with the Public Utility Commission of Texas on May 1, 2006,
pursuant to the Public Utility Regulatory Act, Texas Utilities Code Annotated §§14.101,
36.001, and 37.154 (Vernon 1998 & Supplement 2005) (PURA).
Docket Style and Number: Joint Application of AEP Texas North Company (AEP
North), Mutual Energy SWEPCO, LP (ME SPP), and Southwestern Electric Power
Company (SWEPCO) (collectively, Applicants) for Approval to Transfer Facilities
and Customer Service Obligation; and for Approval of Tariffs, Docket Number
32672.
The Application: This transaction involves the transfer of all of AEP North's
transmission, distribution, and general plant facilities located in the Southwest
Power Pool (SPP) area to SWEPCO. The transaction will result in the transfer
of approximately 7,000 customers currently served by ME SPP to SWEPCO, includes
the transfer to SWEPCO of AEP North's certificated service area that contains
those customers, or the transfer of all rights and obligations to serve current
and future customers therein. The service area is located in all or parts
of Childress, Collingsworth, Donley, Hall, and Wheeler Counties.
Applicants propose continuation of the existing ME SPP base rates in a
new SWEPCO tariff, implementation of a new rider in SWEPCO's tariff to allow
for recovery of all costs arising from the proposed transfer, revision of
the Net Merger Savings and Rate Reduction riders approved in 2000, and implementation
of a fuel recovery plan. All customers and classes of customers of ME SPP
will be affected by the approval of this application.
Persons who wish to intervene in the proceeding or comment upon the action
sought should contact the Public Utility Commission of Texas, P.O. Box 13326,
Austin, Texas 78711-3326, or call the commission's Office of Customer Protection
at (512) 936-7120 or (888) 782-8477. Hearing-and speech-impaired individuals
with text telephones (TTY) may contact the commission at (512) 936-7136 or
use Relay Texas (toll-free) 1-800-735-2989. All correspondence should refer
to Docket Number 32672.
TRD-200602527
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: May 8, 2006
The Public Utility Commission of Texas (commission) is required to recalculate
the weighted statewide average composite usage sensitive intrastate switched
access rates pursuant to P.U.C. Substantive Rule §26.223. In order to
calculate the statewide average, CCN holders are required to submit updated
intrastate switched access data. Therefore, all CCN holders must provide the
following intrastate data to the commission as a compliance filing pursuant
to P.U.C. Substantive Rule §26.223(f)(2) by Thursday, June 1, 2006:
(A) The current tariffed rate for originating and terminating common carrier
line (CCL).
(B) The current tariffed rate for originating and terminating local switching
(LS).
(C) The current tariffed rate for originating and terminating transport
(TR).
(D) The current tariffed rate for originating and terminating tandem switching
(TS).
(E) The current average per minute rate for originating and terminating
tandem switch transport (TST).
(F) The current originating and terminating tariffed rate(s) for any other
usage sensitive intrastate switched access rate element(s).
(G) The total actual originating and terminating MOUs for the most recent
12-month period for each rate element in subparagraphs (A) - (F) of this paragraph.
The most recent 12-month period is defined as the 12 months ending March 31,
2006.
SWBT, Verizon, and Sprint Centel/United compliance filings should also
include the originating and terminating revenues and minutes of use from direct
transport and entrance facilities for the most recent 12-month period. The
most recent 12-month period is defined as the 12 months ending March 31, 2006.
CCN holders' compliance filings should be filed in Project Number 32679
no later than June 1, 2006.
Questions concerning this notice should be referred to John Costello, Senior
Policy Specialist, Infrastructure Reliability Division at (512) 936-7377 or
James Kelsaw, Senior Network Analyst, Infrastructure Reliability Division
at (512) 936-7338. Hearing and speech-impaired individuals with text telephones
(TTY) may contact the commission at (512) 936-7136.
TRD-200602533
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: May 8, 2006
The Public Utility Commission of Texas (commission) will hold a workshop
regarding the second data request for the Report to the 80th Legislature on
the Scope of Competition in the Telecommunications Market on Tuesday, June
20, 2006 at 9:00 a.m. in Hearing Room Gee, located on the 7th floor of the
William B. Travis Building, 1701 North Congress Avenue, Austin, Texas 78701.
Project number 32529 has been assigned to this proceeding. At this workshop,
commission staff will discuss the filing requirements for all certificated
telecommunication utilities (CTUs), review the various forms to be filed,
answer questions regarding the proper completion of the data request forms,
explain the filing of confidential documents pursuant to the commission’s
Procedural Rules, and discuss other relevant matters. The workshop is expected
to conclude at noon.
This workshop is intended to be informational only. Commission staff will
not discuss or entertain questions regarding any substantive changes or additions
to the forms.
Questions concerning the workshop or this notice should be referred to
Rick Talbot at (512) 936-7257 or Randy Klaus at (512) 936-7456. Hearing and
speech-impaired individuals with text telephones (TTY) may contact the commission
at (512) 936-7136.
TRD-200602532
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: May 8, 2006
In accordance with Public Utility Regulatory Act (PURA) §39.452(g),
Entergy Gulf States, Inc. (EGSI) must prepare a transition to competition
plan and file it with the Public Utility Commission of Texas (commission)
not later than the earlier of January 1, 2007 or the 90th day after the date
the applicable power region is certified by the commission. Since no power
region has been certified for EGSI, January 1, 2007 appears to be the deadline
for EGSI's transition to competition plan filing. PURA §39.452(g)(3)
specifies that EGSI's January 1, 2007 transition to competition plan must
include "any other additional information or provisions that the commission
may require." There are at least two nearby power regions that EGSI could
seek to join; the Electric Reliability Council of Texas (ERCOT) or the Southwest
Power Pool (SPP). Depending upon which options is chosen, the scope, timing,
and cost of the transition to competition plan could vary considerably. To
date, the commission has not been presented with sufficient information to
enable it to determine whether ERCOT or SPP would present the better option
for the development of customer choice in EGSI's service territory. In order
to assure that the commission has sufficient information to evaluate the choice
of power region and the stages and costs of EGSI's transition to competition
plan, the commission has decided to seek additional input from other market
participants, Texas ratepayers, and EGSI concerning the information that should
be included as part of EGSI's January 2007 transition to competition filing.
The commission seeks comment on whether the following types of information
would be relevant and could be developed:
* the cost and timeframe for necessary transmission infrastructure development;
* production cost comparisons between the SPP and ERCOT options;
* necessary protocol development in the SPP;
* regulatory filings that may be required in Texas or other jurisdictions;
* impact on the commission's jurisdiction; and/or
* impact on existing wholesale contracts with other Texas entities.
The commission invites public comment on this proposed list of information
to be included with EGSI's filing under PURA §39.452(g), as well as suggestions
on any items that should be deleted or added to this preliminary list. The
commission requests that any comments identify the proposed information with
specificity and provide an explanation for why such information would be relevant
for evaluation of the transition to competition plan. If items are proposed
for deletion, the comments should fully explain the reason for such deletion
and identify any alternate sources of information that may be available to
address the commission's concerns.
Written comments concerning the above-listed information and any other
information requested should be filed by Friday, June 9, 2006. Interested
persons should submit 16 copies of their comments to the commission's Filing
Clerk, Public Utility Commission of Texas, 1701 North Congress Avenue, P.O.
Box 13326, Austin, Texas 78711-3326. All responses should reference Project
Number 32217.
Questions concerning this notice should be referred to Patrick J. Sullivan,
Staff Attorney, Legal Division, (512) 936-7125. Hearing and speech-impaired
individuals with text telephones (TTY) may contact the commission at (512)
936-7136.
TRD-200602531
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: May 8, 2006
Request for Information (RFI) (Outside Counsel - September 1, 2006 to August 31, 2008)
In accordance with the provisions of
Texas Government
Code
, Chapter 2254, The University of Texas System (U.T. System) requests
information from law firms interested in representing U.T. System and its
institutions in the areas of law described below. U.T. System, located in
Austin, governs six health institutions (located in Dallas, Galveston, Houston,
San Antonio, and Tyler) and nine academic institutions (located in Arlington,
Austin, Brownsville, Dallas, Edinburg, El Paso, Midland-Odessa, San Antonio,
and Tyler). This RFI is issued to establish a referral list from which U.T.
System, by and through its Office of General Counsel, will select appropriate
counsel for representation of U.T. System and its institutions on specific
matters as the need arises during the timeframe beginning September 1, 2006
to August 31, 2008. U.T. System invites responses to this RFI from qualified
firms for the provision of legal services under the direction and supervision
of the U. T. System's Office of General Counsel. Subject to approval by the
Texas Attorney General, U.T. System will engage outside counsel with experience
in the following areas of law:
Communications (FCC): Representation and advice regarding communications
law, noncommercial broadcast issues, First Amendment, and broadcast journalism
legal issues, including but not limited to preparing, filing, prosecuting,
maintaining, and renewing various permits, licenses, and license applications
with the Federal Communications Commission (FCC).
Corporate Law: Representation and advice regarding corporate and securities
transactions and regulations, including but not limited to entity formation,
such as corporations, joint ventures, limited partnerships, limited liability
companies, 501(c)(3) corporations, and public-private partnerships; drafting
and filing entity documents; filing for certificates of authority to transact
business in other states; and private equity investing.
Employment Law: Representation and advice regarding complex employment
law issues.
Federal ESEA: Representation and advice regarding implementation of the
Elementary and Secondary Education Act (ESEA), including but not limited to
assistance on U.T. System K-16 initiative; funding flows from ESEA; making
appropriate contact with federal and state officials; presentations to U.
T. System and institution personnel regarding the U.T. System initiative;
and presentations to the Texas Legislature, foundations, Regents, and others
concerning the legal and practical aspects of the K-16 initiative.
Health Law: Representation and advice regarding billing; clinical research
contracting; Health Insurance Portability and Accountability Act (HIPAA);
regulatory compliance; and other general health law matters.
Immigration Law: Representation and advice regarding immigration law matters,
including but not limited to petitioning for nonimmigrant visas (including
H-1Bs); petitioning for employer sponsored permanent residence; representation
before the Department of Labor, including labor condition applications, labor
certifications, Program Electronic Review Management (PERM) complying with
the Student and Exchange Visitor Information System (SEVIS) requirements;
impact of homeland security issues on immigration law; and interaction with
and representation before applicable U.S. governmental agencies, including
the Department of Homeland Security and the Department of Labor, as well as
the U. T. System Office of General Counsel, U. T. System institutions' international
offices, and human resources offices. Outside counsel should be admitted to
practice before all United States District Courts in Texas.
Intellectual Property (IP)Matters: Representation and advice regarding
intellectual property matters, including but not limited to preparing, filing,
prosecuting, and maintaining patent applications in the United States and
other countries; securing copyright protection for computer software; preparing,
filing, and prosecuting applications to register trademarks and service marks
in the United States and other countries; complex licensing transactions;
and all other related matters.
Litigation - General: Representation and advice regarding complex litigation
matters, including but not limited to employment litigation, real estate litigation,
wills and estate litigation, Texas Public Information Act litigation, and
commercial and creditors' rights litigation.
Litigation - IP: Representation and advice regarding all intellectual property
matters, including but not limited to pursuit of litigation against infringers
of U. T. System intellectual property rights and defense of any intellectual
property related claims.
Public School Law: Representation and advice to U.T. Austin regarding public
school law issues regarding the University Charter School and The University
of Texas Elementary School.
Radio, Television, and Film Matters: Represent and advise the College of
Communication at U. T. Austin regarding the creation and operation of legal
entities designed to support, enhance, finance, and otherwise contribute to
the film program and to prepare and file appropriate documentation to evidence
the legal affairs of such entities as well as other related matters.
Real Estate and Finance Transactions: Representation and advice regarding
acquisitions, dispositions, eminent domain, financings, entity formation (joint
ventures, limited partnerships, limited liability companies, real estate investment
trusts, business trusts), securitization, leasing, construction contracting,
and workouts and restructurings.
Real Estate and Oil & Gas Transactions Outside the State of Texas:
Representation and advice regarding real estate and oil and gas transactions,
including but not limited to litigation or hearings related to oil, gas, or
other mineral interests that are located outside the State of Texas and that
are either owned by or proposed to be given to U. T System or one of its institutions;
and litigation or hearings related to real estate interests and trust, estate,
and probate matters that are located outside the State of Texas and that are
either owned by or proposed to be given to U.T. System or one of its institutions.
Tax-Exempt Bond Matters: Public, tax-exempt bond issuance is conducted
under two major programs and is rated by three major rating agencies. Bonds
are issued under authority granted the U. T. System in Article VII, §18
of the Texas Constitution (Permanent University Fund). A flexible rate note
program is frequently used to raise new funds in support of the U.T. System's
$4.3 billion Capital Improvement Program. The flexible rate note program is
currently authorized up to a maximum of $400 million and has $100 million
outstanding. During the 2007 fiscal year, one such note sale is anticipated
in the approximate amount of $150 million. Fixed rate bond sales occur every
two to three years in the amount of approximately $250 million to refund flexible
rate notes. Advance refunding of Permanent University Fund bonds are conducted
periodically based on potential savings opportunities. Under authority granted
in Chapter 55,
Texas Education Code
and Chapters
1207 and 1371,
Texas Government Code
, and
other applicable laws, the U.T. System issues revenue bonds for capital improvements.
The U.T. System employs a revenue bond program that offers a combined pledge
of all legally available revenues with certain exceptions (the "Revenue Financing
System"). Commercial paper programs are generally used for interim financing
with long-term bonds sold to provide more permanent financing. These long-term
bonds, which may be either fixed rate or variable rate, may be combined with
interest rate swap agreements pursuant to International Swaps and Derivatives
Association, Inc. (ISDA) master swap agreements. The tax-exempt commercial
paper program is presently authorized up to $750 million and has approximately
$330 million outstanding. The taxable commercial paper program is presently
authorized up to $50 million and has approximately $10 million outstanding.
Advance refunding of bonds, interest rate swaps, and escrow restructures of
previously defeased bonds, based on market conditions, may be expected. Federal
tax related matters regarding bonds issued by the U.T. System, including strategies
and management practices in the conduct of an exempt debt program requires
a close working relationship with bond counsel. In addition, the U. T. System
works with counsel regarding the preparation of the annual Securities and
Exchange Commission filings. Contact is frequent, particularly regarding the
Revenue Financing System program due to the frequency of debt issuance.
Tax Matters: Representation and advice regarding state taxes, state pension
issues and plans available only to universities, and regarding federal income,
estate, gift, employment, and excise taxes, including but not limited to matters
regarding: taxation of any kind, including tax liens, tax garnishments, tax
levies, tax assessments, tax valuations, as well as summonses, subpoenas,
and discovery relating to tax matters; tax audits; appeals of tax issues;
tax hearings before administrative law judges and magistrates; appeals to
Internal Revenue Service (IRS) appeals officers, district court, U.S. Tax
Court, U.S. District Court, U.S. Court of Claims, and other venues on tax
matters; employee benefits such as Internal Revenue Code (I.R.C.) §125
cafeteria plans, the Texas Optional Retirement Program,
Internal Revenue Code
(I.R.C.) §§403(b), 415(m), and 457(a),
457(b), and 457(f) plans; income tax matters, including unrelated business
income tax as it relates to universities; federal tax matters regarding compensation
issues related to university hospitals and physicians; interaction with and
representation before the IRS and other taxing authorities in any tax controversy;
and charitable fundraising activities. Although outside counsel will not be
required to prepare the System tax return, it will be required to give legal
advice on issues relating to the filing of tax returns and the appropriate
treatment of tax matters on such returns. Outside counsel should be admitted
to practice before the Texas district courts, the U.S. Tax Court, the U.S.
District Court, and the U.S. Court of Claims.
UTIMCO Oversight: Representation and advice to the U.T. System Board of
Regents regarding the discharge of its fiduciary duties in managing the investment
funds under its control by responding to the more complex legal questions
that arise in investment management areas, including questions regarding compliance
with the intent behind Sarbanes-Oxley duties and responsibilities; and to
the Office of General Counsel and the Office of Finance in their provision
of enhanced oversight over the University of Texas Investment Management Company.
Utility Matters: Representation and advice in utility matters, including
but not limited to natural gas, electric, and telecommunications matters,
including reviewing contracts, conducting research, rendering legal opinions,
pursuing litigation, and handling other utility-related legal matters.
Responses: Responses to this RFI should include at least the following
information: (1) a description of the firm's or attorney's qualifications
for performing the legal services, including the firm's prior experience in
the specific area of law for which the firm is responding; (2) the expertise,
including scientific or technical, of the attorneys that would be assigned
to work on such matters; (3) the submission of fee information in the form
of a range of hourly rates (not to exceed $500 per hour) for each billing
class of personnel who may be assigned to perform services in relation to
U.T. System's matter and/or a proposed flat fee or other fee arrangement directly
related to the achievement of specific goals and cost controls; (4) a description
of the efforts made by the firm to encourage and develop the participation
of minorities and women in the provision both of the firm's legal services
generally and the specific areas of law in particular; (5) disclosures of
conflicts of interest (identifying each and every matter in which the firm
has, within the past calendar year, represented any entity or individual with
an interest adverse to the U.T. System or to the State of Texas, or any of
its boards, agencies, commissions, universities, or elected or appointed officials);
(6) the firm's agreement with the billing guidelines, which among other things
sets forth the allowable billable expenses; and (7) confirmation of willingness
to comply with policies, directives, and guidelines of the U.T. System and
the Attorney General of the State of Texas. Responses will be reviewed by
U. T. System and the UT System institutions. You will be contacted via e-mail
if the U.T. System or a U.T. System institution chooses to contract with your
firm for outside counsel services.
Format and Person to Contact: Responses are to be completed online at https://www.utsystem.edu/LegalRFIResponse.
Please do not forward any materials directly to U.T. System. Questions should
be addressed to Barry D. Burgdorf, Vice Chancellor and General Counsel, Office
of General Counsel, The University of Texas System and sent to bhurst@utsystem.edu.
Deadline for Submission of Response: All responses must be completed and
submitted to the Office of General Counsel of U. T. System through the website
noted above no later than 11:59 p.m., Monday, June 19, 2006.
TRD-200602573
Francie A. Frederick
Counsel and Secretary to the Board of Regents
The University of Texas System
Filed: May 9, 2006
Texas Building and Procurement Commission
Office of Consumer Credit Commissioner
Texas Commission on Environmental Quality
Notice of Meeting on June 29, 2006, in Houston, Harris County, Texas, Concerning the Former Aluminum Finishing Company Facility
Notice of Opportunity to Comment on Default Orders of Administrative Enforcement Actions
Notice of Opportunity to Comment on Settlement Agreements of Administrative Enforcement Actions
Notice of Proposed Water Quality General Permit Renewal Authorizing the Discharge of Wastewater
Notice of Public Hearing on Chapter 321
Notice of Water Quality Applications
Notice of Water Rights Application
Proposal for Decision
Proposed Enforcement Orders
Texas Health and Human Services Commission
Notice of Adopted Medicaid Provider Payment Rates
Department of State Health Services
Notice of Amendment Number 40 to the Radioactive Material License of Waste Control Specialists, LLC
Notice of Default Order
Texas Department of Insurance
Notice of Public Hearing
Texas Lottery Commission
Instant Game Number 726 "Mystery Money"
North Central Texas Council of Governments
Public Utility Commission of Texas
Announcement of Application for an Amendment to a State-Issued Certificate of Franchise Authority
Announcement of Application for Amendment to a State-Issued Certificate of Franchise Authority
Announcement of Application for Amendment to a State-Issued Certificate of Franchise Authority
Notice of Application for an Amendment to the Designation as an Eligible Telecommunications Provider
Notice of Application for an Electric Service Area Exception in Kerr County, Texas
Notice of Application for Approval of a Nodal Market Implementation Surcharge and Request for Interim Relief
Notice of Application for Sale, Transfer, or Merger
Public Notice of CCN Holders Filing Requirements in Order to Calculate the Weighted Statewide Average Composite Usage Sensitive Intrastate Switched Access Rates
Public Notice of Informational Workshop Regarding Data Request for the Report to the 80th Legislature on the Scope of Competition in the Telecommunications Market
Public Notice of Proceeding to Determine the Information to be Included in the Transition to Competition Filing of Entergy Gulf States, Inc.
The University of Texas System
Texas Water Development Board