Texas Department of Agriculture
Notice of Extension of Deadline to Submit Proposals for Texas-Israel Exchange Fund Grant Program
The Texas Department of Agriculture (Department) is extending the deadline for submission of proposals for its Texas-Israel Exchange Fund Grant Program from September 6, 2007, to November 1, 2007. Proposals and signature pages must reach the Department and the Binational Agricultural Research and Development Fund (BARD) offices by November 1, 2007. The Request for Proposals (RFP) soliciting grant proposals for this program was published in the July 13, 2007, issue of the Texas Register (32 TexReg 4471). All other terms and requirements of the RFP remain the same.
Please contact Catherine Wright Steele at (512) 463-7700 or by e-mail at: catherine.wright-steele@tda.state.tx.us if you have any questions.
TRD-200703081
Dolores Alvarado Hibbs
General Counsel
Texas Department of Agriculture
Filed: July 20, 2007
Statement of Purpose. Pursuant to the Texas Agriculture Code, §§12.002, 12.007 and 21.001, the Texas Department of Agriculture (TDA) hereby requests proposals for projects, for the period October 1,2007 through August 31, 2009, that collect and distribute surplus Texas agricultural products to food banks and other charitable organizations that serve needy or low-income individuals. For purposes of this request for proposals, the term "Texas agricultural product" means an agricultural, apicultural, horticultural, or vegetable food product, either in its natural or processed state, that has been produced, processed, or otherwise had value added to the product in this state, including: (1) fish or other aquatic species; (2) livestock, a livestock product, or a livestock by-product; (3) poultry, a poultry product, or a poultry by-product; and (4) wildlife processed for food or by-products. In addition to agricultural products grown in excess of a producer's needs, the term "surplus" includes any products not meeting that definition that are made available by a producer for distribution to food banks and other charitable organizations that serve the needy or low-income individuals.
Eligibility. Grant proposals will be accepted from non-profit organizations that have a 501 (c) (3) IRS designation. These organizations must be established and operate under religious, charitable or educational purposes and not financial gain. Additionally, these organizations must not distribute any of their income to their members, directors or officers. Organizations must have at least 5 years of experience coordinating a statewide network of food banks and charitable organizations that serve each of the 254 counties of this state.
Funding Limitations. Proposals are limited to $1,000,000 per year for a total possible biennial budget of $2,000,000. Funding is limited to the operation of a program that coordinates the collection and transportation of surplus Texas agricultural products to a statewide network of food banks that provide food to the needy or low-income individuals.
Matching Requirements. There are no matching requirements for this grant program.
Eligible Expenses. Generally, expenses that are necessary and reasonable for proper and efficient performance and administration of a project are eligible; however, these expenses must be properly documented with sufficient backup detail, including copies of paid invoices. Examples of eligible expenditures are:
1. Personnel costs - both salary and benefits;
2. Travel - in-state only and incurred by grant personnel on official grant-related business;
3. Equipment - nonexpendable, tangible personal property having a useful life of more than one year and costs $5,000 or more;
4. Supplies and direct operating expenses - equipment that costs less than $5,000, office supplies, postage, telecommunications, printing, fidelity bond, packaging, collection, transportation, etc.; and
5. Indirect costs - no more than 10%.
Ineligible Expenses. Expenses that are prohibited by state or federal law are ineligible. Examples of these expenditures are:
1. Alcoholic beverages;
2. Entertainment;
3. Contributions - charitable or political;
4. Fundraising;
5. Expenses falling outside of the contract period;
6. Expenses for expenditures not specifically listed in the project budget; and
7. Expenses that are not adequately documented.
Submission Requirements. Each proposal may not exceed six (6) pages and must include the following criteria:
1. Cover sheet with project title, name, title, address, telephone and fax numbers, and email address of the individual designated as the point of contact.
2. Project summary, not to exceed one page.
3. Identification of the key personnel to be involved in the project, including information on their experience.
4. Measurable goals - a description of realistic goals that are measurable and potentially attainable.
5. Evaluation plan - a description of the method(s) to be used to determine the success of the project.
6. Work plan - a description of how the collection and distribution of surplus agriculture products will be accomplished.
7. Project budget - must be detailed with year 1 and year 2 expenditures and include justification for proposed line item expenditures.
Reporting Requirements. Upon award, the following reports will be required:
1. Narrative reports on a quarterly basis from one to three pages in length detailing accomplishments of project objectives for the time periods specified in the award document.
2. Final compliance narrative report shall be due either upon completion of the project or thirty (30) days after the termination of the grant project, whichever occurs first. The final report shall contain:
(a) A project summary - history of the project, objectives, importance, effort, and results;
(b) Details pertaining to the measured goals and project evaluation;
(c) A description of the successes, challenges, and any limitations; and
(d) A description of future plans - include how the project will continue after the grant is expended and how additional funding may address expansion efforts.
3. Budget reports on a quarterly basis for the time periods specified in the award document that details the grant award funds spent to date.
General Compliance Information.
1. All grant awards are subject to the availability of appropriations and authorizations by the Texas Legislature.
2. Any information or documentation submitted to TDA is subject to disclosure under the Texas Public Information Act.
3. Awarded grant projects must remain in full compliance or be subject to termination at the discretion of TDA.
4. Upon grant award, TDA shall have access to and the right to examine all books, accounts, records, files and other papers or property belonging to or in use by the grantee and pertaining to the grant award. Additionally, these records must remain available and accessible no less than three (3) years after the termination of the grant project.
5. Audit requirements will be in accordance with the State of Texas Single Audit Circular Section 200. In any year in which a financial audit is conducted, a copy must be submitted to TDA within 30 days upon receipt, including the audit transmittal letter, management letter, and any schedules in which the grantee's funds are included.
6. In accordance with Texas Government Code Ann. §783.007, grant awards shall comply in all respects with the Uniform Grant Management Standards (UGMS). Upon grant award, grantees will be provided a copy or it may be downloaded from: http://www.governor.state.tx.us/divisions/stategrants/files/UGMS0 62004.doc
7. Grantees must adhere to the state and federal regulations pertaining to the movement of Texas agriculture products.
Deadline and Submission Information. Proposals should be submitted to Catherine Wright Steele, Grants and Special Projects Coordinator Governmental Affairs Liaison, Texas Department of Agriculture, P.O. Box 12847, Austin, Texas 78711. The street address is 1700 North Congress, 11th Floor, Austin, Texas 78701.
Proposals must be received no later than 5:00 p.m. August 31, 2007. Fax copies will not be accepted.
Please contact Catherine Wright Steele at (512) 463-7700 or by email at catherine.wright-steele@tdaagr.state.tx.us with any questions you may have.
Evaluation and Award Information. All proposals will be subject to evaluation based on the criteria set forth in this RFP. TDA shall not pay for any costs incurred by any entity in responding to this RFP. Additionally, TDA reserves the right to accept or reject any or all proposals submitted and is under no legal or other obligation to award a grant on the basis of this RFP or any other RFP. All final funding decisions will be made by TDA.
TRD-200703190
Dolores Alvarado Hibbs
General Counsel
Texas Department of Agriculture
Filed: July 24, 2007
Notice of Settlement of a Texas Solid Waste Disposal Enforcement Action
Notice is hereby given by the State of Texas of the following proposed resolution of an environmental enforcement lawsuit under the Texas Solid Waste Disposal Act. Before the State may settle a judicial enforcement action, pursuant to the Texas Water Code, the State shall permit the public to comment in writing on the proposed judgment. The Attorney General will consider any written comments and may withdraw or withhold consent to the proposed agreed judgment if the comments disclose facts or considerations that indicate that the consent is inappropriate, improper, inadequate, or inconsistent with the requirements of the Acts.
Case Title and Court: Settlement Agreement in Harris County, Texas and State of Texas v. Carl E. Poteet, et al., Cause No. 2005-51200, 165th Judicial District of Harris County, Texas.
Background: This suit alleges violations of the Texas Solid Waste Disposal Act at a wood recycling site in Harris County, Texas. The defendants are Carl and Sherrill Poteet. The suit seeks civil penalties, injunctive relief, attorney's fees, and court costs for operating an illegal municipal solid waste site.
Nature of Settlement: The settlement awards the State and Harris County a $43,750 civil penalty, $18,750 of which may be forgiven upon compliance with the injunctive provisions of the judgment. The proposed judgment's injunctive provisions require the Poteets to remove remaining waste and to cease operating mulching and composting sites. The settlement also awards the State and Harris County a total of $13,400 in attorney's fees.
For a complete description of the proposed settlement, the proposed Agreed Final Judgment should be reviewed. Requests for copies of the judgment and written comments on the proposed settlement should be directed to Mary Smith, Assistant Attorney General, Office of the Texas Attorney General, P.O. Box 12548, Austin, Texas 78711-2548, (512) 463-2012, facsimile (512) 320-0052. Written comments must be received within 30 days of publication of this notice to be considered.
For questions regarding this publication, contact Lauri Saathoff, Agency Liaison, at (512) 463-2096.
TRD-200703082
Stacey Napier
Deputy Attorney General
Office of the Attorney General
Filed: July 20, 2007
In 1995, the Legislature enacted the Private Real Property Rights Preservation Act (Act), Texas Government Code Chapter 2007. As required by the Act, the Office of the Attorney General prepared guidelines to assist governmental entities in identifying and evaluating those governmental actions that might result in a taking of private real property. The guidelines were first published in 1996 in the January 12, 1996 issue of the Texas Register (21 TexReg 387). The Act requires that the Office of the Attorney General review the guidelines at least annually and revise them as necessary. The guidelines are available at www.oag.state.tx.us/AG_Publications/txts/propertyguide2005.shtml. The most recent revision was in the November 25, 2005, issue of the Texas Register (30 TexReg 7911).
The Office of the Attorney General has begun its annual review and invites comments, suggestions, or information on whether the guidelines are consistent with the decisions of the United States and Texas supreme courts from June 1, 2006 through June 30, 2007. Any comments must be submitted no later than September 25, 2006. Please address comments to Jeb Boyt, Assistant Attorney General, Administrative Law Division, Office of the Attorney General, P.O. Box 12548, Austin, Texas 78701-2548, or at jeb.boyt@oag.state.tx.us or via facsimile at (512) 320-0167. The Office of the Attorney General will review any comments submitted and will publish notice of any revisions to the guidelines later this year.
TRD-200703217
Stacey Napier
Deputy Attorney General
Office of the Attorney General
Filed: July 25, 2007
Notice and Opportunity to Comment on Requests for Consistency Agreement/Concurrence under the Texas Coastal Management Program
On January 10, 1997, the State of Texas received federal approval of the Coastal Management Program (CMP) (62 Federal Register pp. 1439-1440). Under federal law, federal agency activities and actions affecting the Texas coastal zone must be consistent with the CMP goals and policies identified in 31 TAC Chapter 501. Requests for federal consistency review were deemed administratively complete for the following project(s) during the period of July 13, 2007, through July 19, 2007. As required by federal law, the public is given an opportunity to comment on the consistency of proposed activities in the coastal zone undertaken or authorized by federal agencies. Pursuant to 31 TAC §§506.25, 506.32, and 506.41, the public comment period for this activity extends 30 days from the date published on the Coastal Coordination Council web site. The notice was published on the web site on July 25, 2007. The public comment period for this project will close at 5:00 p.m. on August 24, 2007.
FEDERAL AGENCY ACTIONS:
Applicant: BP Exploration and Production, Inc.; Location: The Gulf of Mexico (GOM) Fiber Optic Cable (FOC) network extends just south of latitude 27 degrees N in Galveston District waters until it turns northward near East Breaks 731, at approximately latitude 28.2287 degrees N; longitude 94.5906 degrees W. The FOC will make landfall near the Freeport, Texas area latitude 28.9133 degrees N; longitude 95.3420 degrees W for a total route distance of 310 km (193 miles) within the Galveston District. The Project Area involves Galveston, Chambers, Jefferson, and Brazoria Counties, Texas. Project Description: The applicant is proposing to install a 1,166 km (725-mile) FOC network within the GOM extending from the southeastern coast of Mississippi to the northeastern coast of Texas. The GOM FOC network will provide offshore oil and gas facilities with an environmentally robust, real time, reliable, redundant, high-speed, broadband, state of the art telecommunications network to service the offshore oil and gas industry in the GOM.
This specific permit application applies to the portion of the FOC that is to run from Quintana Beach, Texas (Brazos Area, Block 378) to Garden Banks Block 971 for a total network distance of approximately 310 km (193-miles) within Galveston District boundaries. In Freeport, the GOM FOC onshore construction (oriented to avoid all wetlands) would begin at the proposed beach manhole (BMH) which would be located near the northwest corner of a levee (berm) that surrounds the old Phillips Petroleum drilling material deposition site [now owned by the Texas General Land Office (GLO)] adjacent to CR 723 in Freeport, Brazoria County, Texas. The GOM FOC network would be connected to the BP FOC network infrastructure at the terminal station building.
The BMH would be a subterranean vault-like structure that houses the splice linking the terrestrial FOC with the submarine FOC. The FOC would continue seaward via a horizontal directionally drilled (HDD) bore pipe conduit that would be installed approximately 30 feet below the existing ground elevation and seafloor surface and exit approximately 4,920 feet at latitude 28.9052 degrees N; longitude 95.3297 degrees W into the GOM. Construction would involve building a 150 by 100-foot construction pad and a 20 by 20-foot access road from CR 723 to the berm. The applicant would use this construction pad to position the equipment for the HDD bore operation and FOC installation.
The FOC will cross the following State Water Lease Block Areas within the Galveston District: Brazos Small Blocks - BA376, BA377, BA378, BA384, BA385, BA387, and BA401. The FOC will cross the following Federal Waters Lease Block Areas within the Galveston District: Brazos Area - BA309; Galveston - GA310, GA334, GA343, GA344, GA361, GA362, GA381, GA392, GA393, GA421, GA422, and GA425.
Galveston Area Addition - GAA55, GAA56, GAA60, GAA61, GAA78, GAA90, GAA91, GAA105, GAA106, GAA122, GAA134, GAA135, GAA153, GAA154, GAA163, GAA184, GAA185, GAA191, GAA192, GAA216, GAA220, GAA221, GAA247, GAA248. East Breaks - EB115, EB116, EB160, EB203, EB204, EB247, EB291, EB335, EB379, EB422, EB423, EB465, EB466, EB509, EB553, EB596, EB597, EB641, EB685, EB729, EB730, EB731, EB775, EB776, EB777, EB778, EB779, EB780, EB781, EB825, EB826, EB827, EB871, EB872, EB916, EB917, EB918, EB962, EB964, EB965.
Garden Banks - GB925, GB969, GB970, and GB971.
The portion of the GOM FOC network within the Galveston District will cross safety fairways two times. With the fairways, cable will be buried 10 feet below the seafloor. The planned safety fairway crossings area are as follows: First crossing of the safety fairway will occur on Lease Block GA362 to GA361 between coordinates latitude 28.7049 degrees N; longitude 95.2029 degrees W in waters 75 feet deep. The second crossing will occur in Lease Block EB247 to EB291 between coordinates latitude 27.7224 degrees N; longitude 94.6000 degrees W and latitude 27.6882 degrees N; longitude 94.6087 degrees W in water 1,355 feet deep. CCC Project No.: 07-0237-F1; Type of Application: U.S.A.C.E. permit application #SWG-2007-884 is being evaluated under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. §403) and §404 of the Clean Water Act (33 U.S.C.A. §1344). Note: The consistency review for this project may be conducted by the Texas Commission on Environmental Quality under §401 of the Clean Water Act (33 U.S.C.A. §1344).
Applicant: Boss Operating Company, LLC; Location: The project is located in Corpus Christi Bay, approximately 4.9 miles WSW of Port Aransas in State Tract (ST) 345, Nueces County, Texas. The project can be located on the U.S.G.S. quadrangle map entitled: PORT INGLESIDE, Texas. Approximate UTM Coordinates in NAD 27 (meters): Zone 14; Easting: 683,345; Northing: 3,078,546. Project Description: The applicant proposes to drill 2 wells, Wells No. 2 and 3, ST 345, and place structures for the development of petroleum resources. Approximately 32,000 square feet of shell, crushed rock, or washed gravel will be used as a base for the proposed drilling rig and production facility. The proposed surface location positions were selected to avoid impacts to sensitive resources as well as maintain sufficient distance (over 1,000 feet) from potential rookery activity at Pelican Island. Associated production pipelines will be tied into an existing pipeline immediately north of the well sites. CCC Project No.: 07-0241-F1; Type of Application: U.S.A.C.E. permit application #SWG-2007-859 is being evaluated under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. §403) and §404 of the Clean Water Act (33 U.S.C.A. §1344). Note: The consistency review for this project may be conducted by the Railroad Commission of Texas under §401 of the Clean Water Act (33 U.S.C.A. §1344).
Applicant: Seadrift Ranch Partners, Ltd.; Location: The project is located south of Seadrift, Calhoun County, Texas. The project can be located on the U.S.G.S. quadrangle map entitled: Mosquito Point and Seadrift, Texas. Approximate UTM Coordinates for center of site in NAD 27 (meters): Zone 14N; Easting: 726139.843; Northing: 3138927.017. Project Description: The applicant is proposing to construct two marinas, associated inland canals, and access channels to provide recreational boat access for a 700-acre waterfront residential community. As explained below, the proposed project entails excavation and dredging to provide access to the Victoria Barge Canal (VBC) and San Antonio Bay, but will result in less than 0.01 acre of impact to wetlands and less than 0.01 acre of impact to seagrasses.
The residential development will be constructed entirely on the uplands. The marinas and inland canals will also be excavated entirely in the uplands. The construction of two access channels that will provide boat access to the VBC will not impact wetlands or seagrass beds. The construction of a third channel into San Antonio Bay to provide adequate flushing and circulation for the proposed marinas and canals will impact 306 square feet (less than 0.01 acre) of fringe wetlands and 155 square feet (less than 0.01 acre) of seagrasses. The applicant is not proposing to place any structures into San Antonio Bay or the VBC, so these channels will not obstruct navigation for any vessels utilizing either waterbody.
Approximately 2,500,000 cubic yards of uplands will be excavated for the marinas and inland canals. Approximately 7,000 cubic yards of bay bottom material is proposed to be excavated from the San Antonio Bay and the VBC for the three channels. The applicant proposes to mechanically excavate the channels with a dragline or long reach excavator mounted on a barge. The excavated material will then be barged to land and loaded into a truck. The truck will deliver the excavated material to the project site, and it will be spread and incorporated into the residential portion of the site as fill.
The only direct impacts to fringe wetlands and seagrasses (less than 0.01 acre of each) will occur in connection with the construction of Channel A (the flushing channel). The applicant's plans for the construction of Channel C include creating a minimum 0.5-mile stretch of saltwater fringe wetlands and facilitating the natural establishment of more than 35 acres of salt marsh. Except for necessary bulkheading at the channel entrance to prevent erosion, no bulkhead structures will be installed along the southern side of Channel C. Natural slope grading will be implemented on the southern shoreline of the channel to create from 0.50 to 0.75 mile of new saltwater fringe wetland habitat. This design will enable the natural establishment of a minimum of 36.5 acres of salt marsh along the southern shoreline of the access channel. The slope will be designed to direct boat traffic at least 100 feet from of the newly created wetlands. Additionally, channel markers will be installed to visually define this boundary to boat traffic. CCC Project No.: 07-0251-F1; Type of Application: U.S.A.C.E. permit application #SWG-2007-310 is being evaluated under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. §403) and §404 of the Clean Water Act (33 U.S.C.A. §1344). Note: The consistency review for this project may be conducted by the Texas Commission on Environmental Quality under §401 of the Clean Water Act (33 U.S.C.A. §1344.
Pursuant to §306(d)(14) of the Coastal Zone Management Act of 1972 (16 U.S.C.A. §§1451 - 1464), as amended, interested parties are invited to submit comments on whether a proposed action is or is not consistent with the Texas Coastal Management Program goals and policies and whether the action should be referred to the Coastal Coordination Council for review.
Further information on the applications listed above may be obtained from Ms. Tammy Brooks, Consistency Review Coordinator, Coastal Coordination Council, P.O. Box 12873, Austin, Texas 78711-2873, or tammy.brooks@glo.state.tx.us. Comments should be sent to Ms. Brooks at the above address or by fax at (512) 475-0680.
TRD-200703195
Larry L. Laine
Chief Clerk/Deputy Land Commissioner, General Land Office
Coastal Coordination Council
Filed: July 24, 2007
Certification of the Average Taxable Price of Gas and Oil
The Comptroller of Public Accounts, administering agency for the collection of the Crude Oil Production Tax, has determined that the average taxable price of crude oil for reporting period June 2007, as required by Tax Code, §202.058, is $55.85 per barrel for the three-month period beginning on March 1, 2007, and ending May 31, 2007. Therefore, pursuant to Tax Code, §202.058, crude oil produced during the month of June 2007, from a qualified Low-Producing Oil Lease, is not eligible for exemption from the crude oil production tax imposed by Tax Code, Chapter 202.
The Comptroller of Public Accounts, administering agency for the collection of the Natural Gas Production Tax, has determined that the average taxable price of gas for reporting period June 2007, as required by Tax Code, §201.059, is $6.16 per mcf for the three-month period beginning on March 1, 2007, and ending May 31, 2007. Therefore, pursuant to Tax Code, §201.059, gas produced during the month of June 2007, from a qualified Low-Producing Well, is not eligible for exemption from the natural gas production tax imposed by Tax Code, Chapter 201.
Inquiries should be directed to Bryant K. Lomax, Manager, Tax Policy Division, P.O. Box 13528, Austin, Texas 78711-3528.
TRD-200703148
Martin Cherry
General Counsel
Comptroller of Public Accounts
Filed: July 23, 2007
Pursuant to Chapter 2254, Subchapter B, Texas Government Code, Section 403.011, Texas Government Code, and Chapter 54, Subchapters F and G, Texas Education Code, the Comptroller of Public Accounts (Comptroller), on behalf of the Texas Prepaid Higher Education Tuition Board (Board), announces this notice of intent to renew an existing investment consulting contract as follows.
The Comptroller provides this notice of intent to renew the contract with New England Pension Consultants, Inc., located at One Main Street, Cambridge, Massachusetts 02142. The total amount of the contract is estimated not-to-exceed $160,000.00 for FY08. The contract was executed on September 28, 2003. The term of the contract is September 28, 2003, through August 31, 2007, with one (1) additional one year option to renew, one year at a time.
On July 24, 2007, the Board authorized the exercise of the first option to renew the contract for the period from September 1, 2007, through August 31, 2008. The original notice of request for proposals (RFP #157a) was published in the June 27, 2003, issue of the Texas Register (28 TexReg 4964).
The consultant will advise and assist the Comptroller by providing investment consulting services to the Board, to include quarterly reports due within sixty days after the end of each quarter. The Consultant will provide other reports as required by the Board throughout the 2008 fiscal year.
TRD-200703214
Pamela Smith
Deputy General Counsel for Contracts
Comptroller of Public Accounts
Filed: July 25, 2007
Pursuant to Chapter 2254, Subchapter B, Chapter 403, Texas Government Code, the Comptroller of Public Accounts (Comptroller) announces this notice of intent to renew and extend a major consulting services contract in connection (previously bid under RFP No. 173a) for statistician consulting services to advise the Comptroller on statistical issues and provide other related services for the coming fiscal year in connection with the Comptroller's annual Property Value Study (Study).
Comptroller announces that the contract with Analytical Systems, Inc., 20 Colony Park Circle, P.O. Box 3041, Galveston, Texas 77551-3041, is being renewed and will be amended effective September 1, 2007, through August 31, 2008. The total amount of this contract is not-to-exceed $30,000.00. The original term of the contract is December 7, 2005 through August 31, 2007. The reports submitted under this contract will be due on or before August 31, 2008.
The notice of request for proposals (RFP #173a) was first published in the August 26, 2005, issue of the Texas Register (30 TexReg 5046).
TRD-200703215
Pamela Smith
Deputy General Counsel for Contracts
Comptroller of Public Accounts
Filed: July 25, 2007
Pursuant to Chapter 2254, Subchapter B, and Chapters 403 and 2305, Section 2305.037, Texas Government Code; and Rider 15, House Bill 1 (H.B.1), 80th Texas Legislature, Reg. Sess. (2007), the State Energy Conservation Office (SECO) of the Comptroller of Public Accounts (Comptroller) announces the issuance of a Request for Proposals (RFP #180a) from qualified, independent firms and institutions to provide technical assistance and consulting services to SECO and Comptroller to prepare a new, updated comprehensive statewide renewable energy assessment report (Report) and provide related services. Comptroller reserves the right to select multiple consultants to participate in the preparation of the Report, as further detailed in the RFP. The successful respondent(s) will be expected to begin performance of the contract or contracts, if any, on or about September 7, 2007, or as soon thereafter as practical.
Contact: Parties interested in submitting a proposal should contact William Clay Harris, Assistant General Counsel, Contracts, Comptroller of Public Accounts, 111 E. 17th St., ROOM G-24, Austin, Texas 78774 (Issuing Office), telephone number: (512) 305-8673, to obtain a copy of the RFP. Comptroller will mail copies of the RFP only to those specifically requesting a copy. The RFP was made available for pick-up at the above-referenced address on Friday, August 3, 2007, after 10 a.m., Central Zone Time (CZT), and during normal business hours thereafter. Comptroller also made the complete RFP available electronically on the Electronic State Business Daily at: http://esbd.tbpc.state.tx.us after 10 a.m. (CZT) on Friday, August 3, 2007.
Non-Mandatory Letters of Intent and Questions: All Non-Mandatory Letters of Intent and questions regarding the RFP must be sent via facsimile to Mr. Harris at: (512) 463-3669, not later than 2:00 p.m. (CZT), on Friday, August 10, 2007. Official responses to questions received by the foregoing deadline will be posted electronically on the Electronic State Business Daily no later than Friday, August 17, 2007, or as soon thereafter as practical. Non-Mandatory Letters of Intent or Questions received after the deadline will not be considered. Respondents shall be solely responsible for confirming the timely receipt of Non-Mandatory Letters of Intent and Questions in the Issuing Office.
Closing Date: Proposals must be received in the Assistant General Counsel's Office at the address specified above (ROOM G-24) no later than 2 p.m. (CZT), on Tuesday, August 28, 2007. Proposals received after this time and date will not be considered. Proposals will not be accepted from respondents that do not submit proposals by the foregoing deadline. Respondents shall be solely responsible for confirming the timely receipt of proposals in the Issuing Office.
Evaluation and Award Procedure: All proposals will be subject to evaluation by a committee based on the evaluation criteria and procedures set forth in the RFP. Comptroller will make the final decision regarding the award of master contracts for assignments from the pool selected, if any. Comptroller reserves the right to award one or more contracts under this RFP. Comptroller reserves the right to accept or reject any or all proposals submitted. Comptroller is under no legal or other obligation to execute any contracts on the basis of this notice or the distribution of any RFP. Comptroller shall not pay for any costs incurred by any entity in responding to this Notice or the RFP.
The anticipated schedule of events is as follows: Issuance of RFP - August 3, 2007, after 10:00 a.m. CZT; Non-Mandatory Letters of Intent and Questions Due - August 10, 2007, 2 p.m. CZT; Official Responses to Questions Posted - August 17, 2007, or as soon thereafter as practical; Proposals Due - August 28, 2007, 2 p.m. CZT; Contract Execution - September 7, 2007, or as soon thereafter as practical; Commencement of Project Activities - September 7, 2007, or as soon thereafter as practical.
TRD-200703209
Pamela Smith
Deputy General Counsel for Contracts
Comptroller of Public Accounts
Filed: July 25, 2007
Texas Government Code, §51.607, requires the Comptroller of Public Accounts (comptroller) to publish a list of all court costs and fees imposed or changed during the most recent regular session of the Legislature. This section also provides that, notwithstanding the effective date of the law imposing or changing the amount of a court cost or fee, the change does not take effect until the January following the effective date of the law, unless the bill makes a specific exception. If the bill takes effect before August 1 or after January 1, then the court cost or fee takes effect upon the effective date of the bill.
The listing of court costs and fees to be identified and published as required by Government Code, §51.607, are as follows:
House Bill 8, Sexual Abuse of a Child Fee
Effective January 1, 2008. House Bill 8, known as the Jessica Lunsford Act, relates to the prosecution, punishment, and supervision of certain sex offenders.
The bill amends Code of Criminal Procedure, §102.0186(a), by adding continuous abuse of a child to the list of offenses under which a person is required to pay a $100 cost upon conviction. These costs are deposited in the child abuse prevention fund that is administered by the county.
House Bill 530, Drug Court Cost Fee
Effective June 15, 2007. House Bill 530 adds Code of Criminal Procedure, Article 102.0178 and Government Code, Article 102.0215, to create a court cost of $50 on conviction of an offense punishable as a Class B misdemeanor or higher for certain intoxication and drug convictions. The county or municipality shall remit the collected funds to the comptroller quarterly. If the county or municipality remits the funds on a timely basis, the county or municipality may retain 10% of the total funds collected quarterly as a service fee. If the county or municipality has established a drug court program, the county or municipality may retain an additional 50% of the funds collected to be used exclusively for drug court programs operated within the respective jurisdiction. The comptroller shall deposit remitted funds to the drug court account in the general revenue fund to help fund applicable drug court programs. Counties with populations of more than 200,000 (formerly set at more than 550,000) must establish a drug court program, provided they receive federal or state funding for that purpose.
House Bill 764, Family Protection Fee
Effective June 15, 2007. House Bill 764 amends Government Code, §51.961, reducing the Family Protection Fee from $30 to $15. The bill repeals Government Code, §51.961(g), which eliminates the requirement that county or district clerks remit one-half of the fee to the comptroller for deposit into the Child Abuse and Neglect Prevention Trust. Attorney General Opinion GA-0387 found the state portion of the fee to be unconstitutional.
House Bill 1267, Indigent Defense Court Cost
Effective January 1, 2008. House Bill 1267 adds Government Code, §102.023, to create a new $2 court cost for indigent defense. The fee applies to any offense other than an offense relating to a pedestrian or parking. The fee will apply in all municipal, justice, county, and district court convictions. The fee is to be remitted quarterly to the comptroller for deposit to the fair defense account to be used to fund indigent defense representation.
House Bill 1295, Supplemental Court-initiated Guardianship Fee
Effective January 1, 2008. House Bill 1295 creates a supplemental court-initiated guardianship fee for the support of the judiciary in cases involving guardianships under Texas Probate Code, §683. The court clerk shall collect the $20 fee, which the court imposes in certain probate original actions and adverse probate actions. The fee must be deposited into the county treasury to provide supplemental funding for compensation of court-appointed guardians ad litem and court-appointed attorneys ad litem and to fund local guardianship programs for indigent incapacitated persons.
House Bill 1623, Administrative Fees for Dismissal of Certain Violations
Effective January 1, 2008. House Bill 1623 creates administrative fees and increases others relating to the dismissal of certain Transportation Code and Parks & Wildlife Code violations. The fees apply when a defendant demonstrates that corrective action has been taken and the court chooses to dismiss the charge.
The bill creates an administrative fee not to exceed $10 for the dismissal of a violation for the operation of a vehicle without a license plate or registration insignia by adding Transportation Code, §502.404(f) and (g).
The bill increases the administrative fee for dismissal of a charge of driving with an expired motor vehicle registration from not to exceed $10 to not to exceed $20 by amending Transportation Code, §502.407(b).
The bill creates an administrative fee not to exceed $10 for the dismissal of a violation for the operation of a vehicle with a wrong, fictitious, altered, or obscured license plate by adding Transportation Code, §502.409(c).
The bill adds Transportation Code, §521.025(f), to create an administrative fee not to exceed $10 for the dismissal of a violation for failing to carry a license and exhibit it on demand.
The bill increases the administrative fee for dismissal of a charge of driving with an expired license from not to exceed $10 to not to exceed $20 by amending Transportation Code, §521.026.
The bill adds Transportation Code, §521.054 (d), to create an administrative fee not to exceed $20 for the dismissal of a violation of failing to change address or name on a drivers license.
The bill adds Transportation Code, §521.221(d), to create an administrative fee not to exceed $10 for the dismissal of a violation of operating a vehicle in violation of a restriction imposed or without the endorsement required on the license issued to that person.
The bill adds Transportation Code, §547.004(c) and (d), to create an administrative fee not to exceed $10 for the dismissal of the violation of operation, or allowing the operation, of a vehicle that is unsafe or not in compliance with vehicle standards and requirements or that is equipped in a prohibited manner.
The bill amends Transportation Code, §548.605(b), to increase the administrative fee for dismissal of a charge of driving with an expired inspection certificate from not to exceed $10 to not to exceed $20.
The bill adds Parks and Wildlife Code, §31.021(f), to create an administrative fee not to exceed $10 for the dismissal of a violation for the operation of a vessel with an expired certificate of number.
House Bill 2151, Juvenile Delinquency Prevention and Graffiti Eradication Fee
Effective January 1, 2008. Code of Criminal Procedure, Article 102.0171(a), is amended to increase the local court cost from $5 to $50 for the graffiti offense in Penal Code, §28.08. The fee applies in constitutional and statutory county courts and district courts.
House Bill 2949, Teen Court Dismissal Fee in the Texas Louisiana Border Region
Effective January 1, 2008. House Bill 2949 allows juvenile, justice, and municipal courts in the Texas-Louisiana border region, which is defined by Government Code, §2056.002, to charge a $20 fee for the dismissal of a misdemeanor charge upon the completion of a teen court program. This is a new fee in addition to the fees previously authorized for teen court programs.
Senate Bill 325, Ninth Court of Appeals District Appellate Judicial System Support Fee
Effective January 1, 2008. Senate Bill 325 adds Government Code, §22.2101, to create an appellate judicial system for the Ninth Court of Appeals District. To fund the system, the county commissioners court in each county in the 9th District is required to set a court fee of $5 for each civil suit filed in county court, county court at law, probate court, or district court in the county. The court costs fee does not apply to a suit filed by the county or to a suit for delinquent taxes.
Senate Bill 600, Judicial Support Fee and Judicial Fund
Effective January 1, 2008. Senate Bill 600 amends Local Government Code, §133.105 and §102.022, to increase the criminal court cost for Judicial Support Fee from $4 to $6. The bill amends Local Government Code, §133.154 and Government Code, §101.062 and §101.083, to increase the civil filing fee for Judicial Support from $37 to $42.
Senate Bill 1412, Civil Suits in Justice of the Peace Courts and Small Claims Court
Effective January 1, 2008. Senate Bill 1412 revises the civil suit filing fees in justice courts and small claims courts. It increases the fee for services rendered before judgment from $15 to $25 in justice court and from $10 to $25 in small claims courts. The bill amends Government Code, §101.141, and Local Government Code, §118.121.
Senate Bill 1083, Driving Records Fee
Effective January 1, 2008. Code of Criminal Procedure, Article 45.0511, is amended related to the fee for requesting a driving record when a defendant has requested a driving safety course or motorcycle operator training course dismissal. The court may charge the defendant the $10 fee established by Transportation Code, §521.048, and the TexasOnline Fee that is currently $12, for a total of $22.
TRD-200703196
Martin Cherry
General Counsel
Comptroller of Public Accounts
Filed: July 24, 2007
The Consumer Credit Commissioner of Texas has ascertained the following rate ceilings by use of the formulas and methods described in §§303.003, 303.009, and 304.003, Texas Finance Code.
The weekly ceiling as prescribed by §303.003 and §303.009 for the period of July 30, 2007 - August 5, 2007 is 18% for Consumer1 /Agricultural/Commercial 2 /credit through $250,000.
The weekly ceiling as prescribed by §303.003 and §303.009 for the period of July 30, 2007 - August 5, 2007 is 18% for Commercial over $250,000.
The judgment ceiling as prescribed by §304.003 for the period of August 1, 2007 - August 31, 2007 is 8.25% for Consumer/Agricultural/Commercial/credit through $250,000.
The judgment ceiling as prescribed by §304.003 for the period of August 1, 2007 - August 31, 2007 is 8.25% for Commercial over $250,000.
1 Credit for personal, family or household use.
2 Credit for business, commercial, investment or other similar purpose.
TRD-200703186
Leslie L. Pettijohn
Commissioner
Office of Consumer Credit Commissioner
Filed: July 23, 2007
The Texas Commission on Environmental Quality (TCEQ or commission) staff is providing an opportunity for written public comment on the listed Agreed Orders (AOs) in accordance with Texas Water Code (the Code), §7.075. Section 7.075 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 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 September 3, 2007 . Section 7.075 also requires that the commission promptly consider any written comments received and that the commission may withdraw or withhold approval of an AO if a comment discloses facts or considerations that indicate that consent is inappropriate, improper, inadequate, or inconsistent with the requirements of the statutes and rules within the commission's jurisdiction or the commission's orders and permits issued in accordance with the commission's regulatory authority. Additional notice of changes to a proposed AO is not required to be published if those changes are made in response to written comments.
A copy of each proposed AO is available for public inspection at both the commission's central office, located at 12100 Park 35 Circle, Building 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 September 3, 2007 . 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 shall be submitted to the commission in writing .
(1) COMPANY: City of Annona; DOCKET NUMBER: 2007-0411-MWD-E; IDENTIFIER: RN101721132; LOCATION: Red River County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 Texas Administrative Code (TAC) §305.125(1), Texas Pollutant Discharge Elimination System (TPDES) Permit Number WQ0014255001, Final Effluent Limitations and Monitoring Requirements Numbers 1, 3, and 6, by failing to comply with permitted effluent limitations; 30 TAC §305.125(17) and TPDES Permit Number WQ0014255001, Sludge Provisions, by failing to timely submit the annual sludge report; PENALTY: $4,830; Supplemental Environmental Project (SEP) offset amount of $3,864 applied to Texas Association of Resource Conservation and Development Areas, Inc. ("RC&D") - Unauthorized Trash Dump Clean-up; ENFORCEMENT COORDINATOR: Laurie Eaves, (512) 239-4495; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.
(2) COMPANY: AT Holding-Copper Ridge, LLC; DOCKET NUMBER: 2007-0492-EAQ-E; IDENTIFIER: RN105162580; LOCATION: Bulverde, Comal County, Texas; TYPE OF FACILITY: construction site for commercial buildings; RULE VIOLATED: 30 TAC §213.23(h), by failing to re-apply and receive approval for a contributing zone plan (CZP); PENALTY: $2,000; ENFORCEMENT COORDINATOR: Jorge Ibarra, (817) 588-5800; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.
(3) COMPANY: Richard B. Barkley; DOCKET NUMBER: 2007-0185-WOC-E; IDENTIFIER: RN103279188; LOCATION: Spring, Montgomery County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §30.331(b) and the Code, §26.0301 and §37.003, by failing to obtain a wastewater treatment operator license prior to performing activities as a wastewater treatment operator; PENALTY: $188; ENFORCEMENT COORDINATOR: Harvey Wilson, (512) 239-0321; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(4) COMPANY: Big Tex Trailer Manufacturing, Inc.; DOCKET NUMBER: 2007-0589-AIR-E; IDENTIFIER: RN100214568; LOCATION: Mount Pleasant, Titus County, Texas; TYPE OF FACILITY: trailer manufacturing; RULE VIOLATED: 30 TAC §116.115(b)(2)(F), Air Permit Number 33646, General Condition 8, and Texas Health & Safety Code (THSC), §382.085(b), by failing to comply with the maximum allowable emission rates of Air Permit Number 33646; 30 TAC §122.121 and THSC, §382.054 and §382.085(b), by failing to obtain a federal operating permit; and 30 TAC §116.115(c) and (b)(2)(E), Air Permit Number 33646, Special Conditions 3 and 17(B) and (C), and THSC, §382.085(b), by failing to comply with labeling and record keeping requirements; PENALTY: $35,000; ENFORCEMENT COORDINATOR: Audra Ruble, (361) 825-3100; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.
(5) COMPANY: Blakelee Builders, Inc.; DOCKET NUMBER: 2007-0714-WQ-E; IDENTIFIER: RN105197800; LOCATION: Tuscola, Taylor County, Texas; TYPE OF FACILITY: construction site; RULE VIOLATED: 30 TAC §281.25(a)(4) and 40 Code of Federal Regulations (CFR) §122.26(c), by failing to obtain authorization to discharge storm water associated with construction activities; PENALTY: $1,000; ENFORCEMENT COORDINATOR: Deana Holland, (512) 239-2504; REGIONAL OFFICE: 1977 Industrial Boulevard, Abilene, Texas 79602-7833, (915) 698-9674.
(6) COMPANY: City of Bonham; DOCKET NUMBER: 2007-0367-PWS-E; IDENTIFIER: RN102546108; LOCATION: Bonham, Fannin County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.113(f)(4), TCEQ Agreed Order Docket Number 2003-0312-MLM-E, and THSC, §341.0315(c), by failing to comply with the maximum contaminant level (MCL) for total trihalomethanes (TTHM); PENALTY: $2,970; ENFORCEMENT COORDINATOR: Andrea Linson-Mgbeoduru, (512) 239-1482; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(7) COMPANY: Bulverde Area Rural Library District; DOCKET NUMBER: 2007-0472-EAQ-E; IDENTIFIER: RN105161939; LOCATION: Bulverde, Comal County, Texas; TYPE OF FACILITY: library construction site; RULE VIOLATED: 30 TAC §213.23(a)(1)(A) and (B), by failing to obtain approval of modifications to an Edwards Aquifer CZP; PENALTY: $1,875; ENFORCEMENT COORDINATOR: Deana Holland, (512) 239-2504; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.
(8) COMPANY: Chevron Phillips Chemical Company LP; DOCKET NUMBER: 2007-0404-AIR-E; IDENTIFIER: RN100209857; LOCATION: Port Arthur, Jefferson County, Texas; TYPE OF FACILITY: chemical manufacturing plant; RULE VIOLATED: 30 TAC §§101.201(a)(1)(B), 101.201(b)(1)(D), and 101.201(b)(1)(H) and THSC, §382.085(b), by failing to timely report an emission event; 30 TAC §116.115(b)(2)(F) and §116.115(c), New Source Review Permit Number 21101, Special Condition 8, and THSC, §382.085(b), by failing to maintain an emission rate below the allowable emission limits; and 30 TAC §101.201(b)(1)(D) and §101.201(b)(1)(H) and THSC, §382.085(b), by failing to identify the correct agency established emission point number and the correct authorized emissions limit for Flare 24 on the final report; PENALTY: $7,128; ENFORCEMENT COORDINATOR: Nadia Hameed, (713) 767-3500; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.
(9) COMPANY: City of Colorado City; DOCKET NUMBER: 2007-0366-MWD-E; IDENTIFIER: RN102182557; LOCATION: Mitchell County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: the Code, §26.121(a)(1) and Water Quality Permit Number WQ0010077001, Permit Condition Number 2.d., by failing to prevent the unauthorized discharge of wastewater; 30 TAC §305.125(1) and Water Quality Permit No. WQ0010077001, Operational Requirement Number 1, by failing to adequately maintain the treatment facility; and 30 TAC §305.125(1) and Water Quality Permit Number WQ0010077001, Special Provision Number 7, by failing to maintain a minimum of two feet of freeboard in the holding ponds; PENALTY: $2,875; ENFORCEMENT COORDINATOR: Suzanne Walrath, (512) 239-2134; REGIONAL OFFICE: 1977 Industrial Boulevard, Abilene, Texas 79602-7833, (915) 698-9674.
(10) COMPANY: City of Covington; DOCKET NUMBER: 2007-0188-MWD-E; IDENTIFIER: RN101920080; LOCATION: Hill County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1) and TPDES Permit Number 12279001, Effluent Limitations and Monitoring Requirements Numbers 1, 3, and 6, by failing to comply with permitted effluent limitations; and 30 TAC §305.125(17) and TPDES Permit Number 12279001, Monitoring and Reporting Requirements Number 1, by failing to timely submit to the TCEQ parameter data during the month of July 2006 for the pH maximum; PENALTY: $14,145; ENFORCEMENT COORDINATOR: Laurie Eaves, (512) 239-4495; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.
(11) COMPANY: City of Crockett; DOCKET NUMBER: 2006-0478-MSW-E; IDENTIFIER: RN102143054; LOCATION: Crockett, Houston County, Texas; TYPE OF FACILITY: recycling center/transfer station; RULE VIOLATED: 30 TAC §330.9(f) (formerly 30 TAC §330.4(q)), by failing to obtain a registration or other authorization from the TCEQ for a material recovery facility; 30 TAC §330.233(a) and §332.4(2) (formerly 30 TAC §330.120), by failing to comply with general requirements for composting facilities and comply with litter control; 30 TAC §330.121(a) (formerly 30 TAC §330.111(a)), by failing to comply with the site operating plan; 30 TAC §330.125(b)(7) (formerly 30 TAC §330.150(2)), by failing to maintain records for financial assurance; and 30 TAC §324.6 and §324.7 and 40 CFR §279.31(b)(1) and §279.32(b), by failing to comply with generator requirements for used oil; PENALTY: $3,288; ENFORCEMENT COORDINATOR: Colin Barth, (512) 239-0086; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.
(12) COMPANY: Dallas County Utility & Reclamation District; DOCKET NUMBER: 2007-0623-MWD-E; IDENTIFIER: RN102335940; LOCATION: Dallas County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number 13678001, Effluent Limitations and Monitoring Requirements Number 1, and the Code, §26.121(a), by failing to comply with permit effluent limits; PENALTY: $4,340; ENFORCEMENT COORDINATOR: Cheryl Thompson, (817) 588-5800; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(13) COMPANY: Peter Wilfridus de Ridder dba de Ridder Dairy; DOCKET NUMBER: 2007-0552-AGR-E; IDENTIFIER: RN101522233; LOCATION: Erath County, Texas; TYPE OF FACILITY: dairy; RULE VIOLATED: 30 TAC §321.42(s), by failing to develop and operate under a comprehensive nutrient management plan (CNMP) certified by the Texas State Soil and Water Conservation Board (TSSWCB); 30 TAC §21.4 and the Code, §5.702 and §26.0135(h), by failing to pay outstanding consolidated water quality fees and associated late fees; 30 TAC §321.39(f)(24)(B), by failing to store stockpiled manure in a well drained area with no ponding of water and in a contained area where contaminated runoff would be retained on site; and 30 TAC §321.49(f), by failing to timely submit soil sample results; PENALTY: $3,542; ENFORCEMENT COORDINATOR: Lynley Doyen, (512) 239-1364; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(14) COMPANY: East Central Independent School District; DOCKET NUMBER: 2007-0637-MWD-E; IDENTIFIER: RN101525178; LOCATION: Bexar County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number 13701001, Effluent Limitations and Monitoring Requirement Numbers 2 and 6, and the Code, §26.121(a), by failing to comply with the permitted effluent limits; and 30 TAC §305.125(1) and TPDES Permit Number 13701001, Monitoring and Reporting Requirements, by failing to submit discharge monitoring report (DMR) parameter data; PENALTY: $1,650; Supplemental Environmental Project (SEP) offset amount of $1,320 applied to Audubon Society-Mitchell Lake Project; ENFORCEMENT COORDINATOR: Samuel Short, (512) 239-5363; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.
(15) COMPANY: El Paso Water Utilities Public Service Board; DOCKET NUMBER: 2007-0576-PST-E; IDENTIFIER: RN100816651; LOCATION: El Paso, El Paso County, Texas; TYPE OF FACILITY: golf course with active underground storage tanks (USTs); RULE VIOLATED: 30 TAC §334.50(b)(1)(A) and the Code, §26.3475(c)(1), by failing to monitor USTs for releases; PENALTY: $2,750; ENFORCEMENT COORDINATOR: Chris Holcomb, (512) 239-2541; REGIONAL OFFICE: 401 East Franklin Avenue, Suite 560, El Paso, Texas 79901-1206, (915) 834-4949.
(16) COMPANY: Emerald Valley Independent Aquatic Network, Ltd. Co.; DOCKET NUMBER: 2007-0658-PWS-E; IDENTIFIER: RN101439768; LOCATION: Comal County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.45(b)(1)(C)(i), by failing to provide a minimum well production capacity of 0.6 gallons per minute (gpm) per connection; 30 TAC §290.41(c)(3)(N), by failing to provide an operable flow measuring device on the discharge line; and 30 TAC §290.46(v), by failing to install all electrical wiring in compliance with local or national electrical codes; PENALTY: $364; ENFORCEMENT COORDINATOR: Tel Croston, (512) 239-5717; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.
(17) COMPANY: Fairway Leasing, L.L.C.; DOCKET NUMBER: 2007-0531-EAQ-E; IDENTIFIER: RN105186456; LOCATION: Bulverde, Comal County, Texas; TYPE OF FACILITY: leasing company for commercial buildings; RULE VIOLATED: 30 TAC §213.23(h), by failing to re-apply and receive approval for a CZP prior to initiating construction as a new property owner; PENALTY: $1,000; ENFORCEMENT COORDINATOR: Craig Fleming, (512) 239-5806; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.
(18) COMPANY: Todd Farber dba Garden Guy, Inc.; DOCKET NUMBER: 2007-0671-LII-E; IDENTIFIER: RN105071898; LOCATION: Missouri City, Fort Bend County, Texas; TYPE OF FACILITY: landscape business; RULE VIOLATED: 30 TAC §30.5(a) and (b) and §344.4(a), Texas Occupations Code, §1903.251, and the Code, §37.003, by failing to possess a valid irrigator license; PENALTY: $262; ENFORCEMENT COORDINATOR: Bryan Elliott, (512) 239-6162; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(19) COMPANY: City of Godley; DOCKET NUMBER: 2007-0555-PWS-E; IDENTIFIER: RN101183135; LOCATION: Godley, Johnson County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.45(b)(1)(D)(i) and THSC, §341.0315(c), by failing to provide the system with two or more wells with a total well capacity of 0.6 gpm per connection or an approved interconnection which can supply at least 0.35 gpm per connection in the event of an emergency; 30 TAC §290.42(l), by failing to compile and maintain a thorough and up-to-date plant operations manual; 30 TAC §290.44(h), by failing to conduct an annual inspection, tested by a certified backflow prevention assembly tester, on all backflow prevention assemblies; 30 TAC §290.46(i), by failing to adopt an adequate plumbing ordinance; and 30 TAC §290.121(a), by failing to develop and maintain an up-to-date chemical and microbiological monitoring plan; PENALTY: $935; ENFORCEMENT COORDINATOR: Thomas Barnett, (713) 767-3500; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(20) COMPANY: Billy Hilton; DOCKET NUMBER: 2007-0709-MLM-E; IDENTIFIER: RN105128342; LOCATION: New Braunfels, Guadalupe County, Texas; TYPE OF FACILITY: property; RULE VIOLATED: 30 TAC §330.15(c) and the Code, §26.121(a)(1), by failing to prevent the disposal of municipal solid waste at an unauthorized site; and 30 TAC §111.201 and THSC, §382.085(b), by failing to comply with the general prohibition on outdoor burning; PENALTY: $6,000; ENFORCEMENT COORDINATOR: Dana Shuler, (512) 239-2505; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.
(21) COMPANY: Huntsman Petrochemical Corporation; DOCKET NUMBER: 2007-0360-AIR-E; IDENTIFIER: RN100219252; LOCATION: Port Neches, Jefferson County, Texas; TYPE OF FACILITY: chemical manufacturing; RULE VIOLATED: 30 TAC §116.115(c) and §122.143(4), Federal Operating Permit (FOP) O-02288, Special Terms and Conditions Number 16, New Source Review (NSR) Permit 19823, Special Condition Number 1, and THSC, §382.085(b), by failing to prevent unauthorized emissions; PENALTY: $7,925; Supplemental Environmental Project (SEP) offset amount of $3,962 applied to South East Texas Regional Planning Commission-West Port Arthur Home Energy Efficiency Program; ENFORCEMENT COORDINATOR: Jessica Rhodes, (512) 239-2879; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.
(22) COMPANY: Iola Water Company, Inc.; DOCKET NUMBER: 2007-0880-PWS-E; IDENTIFIER: RN102816345; LOCATION: Iola, Grimes County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.113(f)(4) and THSC, §341.0315(c), by failing to comply with the MCL for TTHM; PENALTY: $755; ENFORCEMENT COORDINATOR: Andrea Linson-Mgbeoduru, (512) 239-1482; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 7671007826, (254) 751-0335.
(23) COMPANY: James Thomas Traweek dba Jam-Dot Dairy; DOCKET NUMBER: 2007-0530-AGR-E; IDENTIFIER: RN101517134; LOCATION: Erath County, Texas; TYPE OF FACILITY: dairy; RULE VIOLATED: 30 TAC §321.42(s), by failing to develop and operate under a CNMP certified by the TSSWCB; PENALTY: $1,860; ENFORCEMENT COORDINATOR: Samuel Short, (512) 239-5363; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951 (817) 588-5800.
(24) COMPANY: City of Lacy Lakeview; DOCKET NUMBER: 2007-0354-MLM-E; IDENTIFIER: RN101388650; LOCATION: Lacy Lakeview, McLennan County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.46(m)(4), by failing to maintain the distribution system line in a watertight condition; 30 TAC §290.42(e)(4)(A), by failing to provide a bottle of fresh ammonia solution for testing for chlorine leakage; 30 TAC §290.43(e), by failing to provide a properly constructed intruder-resistant fence; 30 TAC §290.44(h)(1)(A), by failing to install backflow prevention assemblies or an air gap; 30 TAC §290.46(f)(2), by failing to provide water system records for review at the time of the investigation; 30 TAC §290.110(b)(4), by failing to maintain the residual disinfectant concentration in the far reaches of the distribution system at a minimum of 0.5 milligram per liter (mg/L) total chlorine or 0.2 mg/L free chlorine; 30 TAC §290.46(n)(2), by failing to provide an up-to-date distribution map; 30 TAC §290.46(j), by failing to provide documentation of Customer Service Inspection certificate prior to providing continuous water service to the new connection; 30 TAC §290.46(h), by failing to have a supply of calcium hypochlorite disinfectant available; 30 TAC §290.45(b)(1)(D)(iii) and THSC, §341.0315(c), by failing to provide two or more pumps having a total capacity of two gpm per connection; 30 TAC §290.42(l), by failing to maintain a facility operations manual for operator review and reference; and 30 TAC §288.30(5), by failing to develop a drought contingency plan for the water system; PENALTY: $10,053; Supplemental Environmental Project (SEP) offset amount of $8,043 applied to Texas Association of Resource Conservation and Development Areas, Inc. ("RC&D") - Wastewater Treatment Assistance; ENFORCEMENT COORDINATOR: Yuliya Dunaway, (210) 490-3096; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.
(25) COMPANY: Gerben Leyendekker dba Leyendekker Dairy Farm; DOCKET NUMBER: 2007-0527-AGR-E; IDENTIFIER: RN102093929; LOCATION: Erath County, Texas; TYPE OF FACILITY: dairy; RULE VIOLATED: 30 TAC §321.42(s), by failing to develop and operate under a CNMP certified by the TSSWCB; and 30 TAC §5.702, by failing to pay late fees; PENALTY: $2,060; ENFORCEMENT COORDINATOR: Samuel Short, (512) 239-5363; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(26) COMPANY: Marine Quest-Hidden Cove, L.P.; DOCKET NUMBER: 2007-0496-MWD-E; IDENTIFIER: RN102094950; LOCATION: The Colony, Denton County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number WQ0013785001, Effluent Limitations and Monitoring Requirements Number 1, and the Code, §26.121(a), by failing to comply with the permit effluent limits; and 30 TAC §305.125(17) and TPDES Permit Number WQ0013785001, Sludge Provisions, by failing to submit monitoring results; PENALTY: $8,100; ENFORCEMENT COORDINATOR: Cheryl Thompson, (817) 588-5800; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(27) COMPANY: Mobil Chemical Company Inc.; DOCKET NUMBER: 2007-0259-AIR-E; IDENTIFIER: RN100542844; LOCATION: Beaumont, Jefferson County, Texas; TYPE OF FACILITY: petrochemical manufacturing; RULE VIOLATED: 30 TAC §101.20(3) and §116.115(b)(2)(F) and (c), Air Permit Number 7799/PSD-TX-860, Special Condition 1, and THSC, §382.085(b), by failing to prevent unauthorized emissions; PENALTY: $40,700; Supplemental Environmental Project (SEP) offset amount of $20,350 applied to Jefferson County: Retrofit/Replacement of Heavy Equipment and Vehicles with Alternative Fueled Equipment and Vehicles; ENFORCEMENT COORDINATOR: Daniel Siringi, (409) 898-3838; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.
(28) COMPANY: City of Morgan's Point; DOCKET NUMBER: 2007-0564-MWD-E; IDENTIFIER: RN102075801; LOCATION: Harris County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number 10779001, Effluent Limitations and Monitoring Requirement Number 2, and the Code, §26.121(a), by failing to comply with the permitted effluent limits; 30 TAC §305.125(17) and TPDES Permit Number 10779001, Sludge Provisions, by failing to timely submit monitoring results; and 30 TAC §305.125(17) and TPDES Permit Number 10779001, Monitoring and Reporting Requirements Number 1, by failing to submit the DMR parameter data for flow daily maximum; PENALTY: $7,976; Supplemental Environmental Project (SEP) offset amount of $6,381 applied to Armand Bayou Nature Center Coastal Tall Grass Management-Prescribed Burn Program and Prairie Restoration Project; ENFORCEMENT COORDINATOR: Deana Holland, (512) 239-2504; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(29) COMPANY: Northeast Washington County Water Supply Corporation; DOCKET NUMBER: 2007-0349-PWS-E; IDENTIFIER: RN101266138; LOCATION: Brenham, Washington County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.46(e)(4)(C), by failing to employ at least two operators who hold a Class C or higher license; 30 TAC §290.46(f)(2), by failing to provide water system records at the time of the investigation; 30 TAC §290.42(l), by failing to maintain a thorough and up-to-date facility operations manual; 30 TAC §290.46(j), by failing to complete a customer service inspection certificate; 30 TAC §290.46(m), by failing to ensure the good working condition and general appearance of the system's facilities and equipment; 30 TAC §290.42(e)(4)(B), by failing to house the gas chlorination equipment and chlorine cylinders at wells 1, 3, and 4 so that they are protected from adverse weather conditions and vandalism; 30 TAC §290.46(m)(4), by failing to maintain all distribution lines, water storage, and pressure maintenance facilities, and all related appurtenances in a watertight condition; 30 TAC §290.41(c)(1)(D), by failing to prevent livestock from occupying the area within 50 feet of well five; 30 TAC §290.41(c)(3)(J), by failing to provide a concrete sealing block on wells 1 and 2; 30 TAC §290.43(c)(3), by failing to maintain well two in accordance with American Water Works Association (AWWA) standards by failing to provide a hinged flap cover on the overflow of ground storage tank two that closes tightly and without a gap greater than 1/16th of an inch; 30 TAC §290.43(c)(4), by failing to maintain well two in accordance with AWWA standards by failing to provide a functioning liquid level indicator on ground storage tank one; 30 TAC §290.43(c)(2), by failing to maintain well four in accordance with AWWA standards by failing to provide a lockable roof hatch on the backwash tank; and 30 TAC §290.42(b)(2)(C), by failing to maintain well four in accordance with AWWA standards by failing to provide an intact 16-mesh or finer corrosion-resistant screen on the aerator; PENALTY: $3,727; ENFORCEMENT COORDINATOR: Rebecca Clausewitz, (210) 490-3096; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.
(30) COMPANY: Randy Earl Wyly dba Randy Wyly dairy and dba Randy Wyly Dairy 2; DOCKET NUMBER: 2007-0529-AGR-E; IDENTIFIER: RN102065166 and RN101523090; LOCATION: Erath County, Texas; TYPE OF FACILITY: Dairy; RULE VIOLATED: 30 TAC §321.42(s), by failing to develop and operate under a CNMP certified by the TSSWCB; PENALTY: $4,880; ENFORCEMENT COORDINATOR: Samuel Short, (512) 239-5363; REGIONAL OFFICE: 2301 Sanger Avenue, Fort Worth, Texas 76118-6951, (817) 588-5800.
(31) COMPANY: Rocky Point Estates Land Trust dba Rocky Point MHP Flower Mound; DOCKET NUMBER: 2007-0481-MWD-E; IDENTIFIER: RN101609972; LOCATION: Flower Mound, Denton County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number 13732001, Effluent Limitations and Monitoring Requirements Numbers 1 and 6, and the Code, §26.121(a), by failing to comply with permit effluent limits; PENALTY: $5,540; ENFORCEMENT COORDINATOR: Jorge Ibarra, (817) 588-5800; REGIONAL OFFICE: 2301 Sanger Avenue, Fort Worth, Texas 76118-6951, (817) 588-5800.
(32) COMPANY: Seven Heights Corporation dba Mobil 1 Lube Express; DOCKET NUMBER: 2007-0348-PST-E; IDENTIFIER: RN100539998; LOCATION: Desoto, Dallas County, Texas; TYPE OF FACILITY: commercial oil change operation; RULE VIOLATED: 30 TAC §334.50(b)(1)(A) and the Code, §26.3475(c)(1), by failing to monitor the UST for releases; 30 TAC §37.815(a) and (b), by failing to demonstrate financial assurance; 30 TAC §334.10(b), by failing to have the required UST records maintained, readily accessible, and make available for the inspection upon request by agency personnel; and 30 TAC §334.7(d)(3), by failing to provide an amended registration; PENALTY: $5,500; ENFORCEMENT COORDINATOR: Philip DeFrancesco, (817) 588-5800; REGIONAL OFFICE: 2301 Sanger Avenue, Fort Worth, Texas 76118-6951, (817) 588-5800.
(33) COMPANY: The Dow Chemical Company; DOCKET NUMBER: 2007-0557-AIR-E; IDENTIFIER: RN104150123; LOCATION: Pasadena, Harris County, Texas; TYPE OF FACILITY: chemical manufacturing; RULE VIOLATED: 30 TAC §116.115(c), Air Permit Number 260, Special Condition Number 1, and THSC, §382.085(b), by failing to prevent unauthorized emissions; PENALTY: $14,000; Supplemental Environmental Project (SEP) offset amount of $5,600 applied to Harris County Public Health and Environmental Services-Pollution Control Division's Fourier Transform Infra Red (FTIR) Project; ENFORCEMENT COORDINATOR: Kimberly Morales, (713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(34) COMPANY: The Dow Chemical Company; DOCKET NUMBER: 2007-0573-AIR-E; IDENTIFIER: RN100225945; LOCATION: Freeport, Brazoria County, Texas; TYPE OF FACILITY: chemical manufacturing plant; RULE VIOLATED: 30 TAC §116.115(c), Air Permit Number 48813, Special Condition Number 1, and THSC, §382.085(b), by failing to prevent unauthorized emissions; 30 TAC §116.115(c) and §122.143(4), Air Permit Number 37884, Special Condition Number 6.A., Air Permit Number O-02313, Special Condition Number 1.A., 40 CFR §60.18(c)(3)(ii), and THSC, §382.085(b), by failing to maintain a minimum net heating value of 200 British Thermal Units per standard cubic foot; 30 TAC §116.115(c) and §122.143(4), Air Permit Number 37884, Special Condition Number 1, Air Permit Number O-02313, Special Condition Number 8.A., and THSC, §382.085(b), by failing to meet the maximum allowable emission rate of 0.65 pounds per hour for nitrogen oxide; and 30 TAC §§115.352(4), 115.783(5), 116.115(c), and 122.143(4), Air Permit Number 37884, Special Condition Number 8.E., Air Permit Number O-02313, Special Condition Number 8.A., 40 CFR §60.482-6(a)(1) and §60.562-2(a), and THSC, §382.085(b), by failing to seal an open-ended line with a second valve, blind flange, cap, or plug; PENALTY: $34,670; Supplemental Environmental Project (SEP) offset amount of $17,335 applied to Houston-Galveston AERCO's Clean Cities/Clean Vehicles Program.; ENFORCEMENT COORDINATOR: Kimberly Morales, (713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(35) COMPANY: The Falls Municipal Utility District; DOCKET NUMBER: 2007-0572-MWD-E; IDENTIFIER: RN102080249; LOCATION: Columbus, Colorado County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number WQ0013018001, Effluent Limitations and Monitoring Requirements Number 1, and the Code, §26.121(a), by failing to comply with the daily average permitted limits; and 30 TAC §305.125(17) and TPDES Permit Number WQ0013018001, Sludge Provisions, by failing to submit monitoring results; PENALTY: $6,000; ENFORCEMENT COORDINATOR: Jorge Ibarra, (817) 588-5800; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(36) COMPANY: Trinity Industries, Inc.; DOCKET NUMBER: 2007-0605-AIR-E; IDENTIFIER: RN100225523; LOCATION: Vidor, Orange County, Texas; TYPE OF FACILITY: railcar refurbishing plant; RULE VIOLATED: 30 TAC §115.247(2) and §122.143(4), FOP Number O-01656, General Terms and Conditions and Special Terms and Conditions 5.C., and THSC, §382.085(b), by failing to provide monthly gasoline throughput on an annual basis; 30 TAC §116.115(c) and §122.143(4), FOP Number O-01656, General Terms and Conditions and Special Terms and Conditions 6, NSR Permit Number 19705, Special Provision 8, and THSC, §382.085(b), by failing to operate Abrasive Cleaning Operation INTB-3 with a dust collection system in conjunction with sponge blasting; and 30 TAC §§122.143(4), 122.145(2)(A) and (B), and 122.146(5)(D), FOP Number O-01656, General Terms and Conditions, and THSC, §382.085(b), by failing to submit deviation reports; PENALTY: $12,000; ENFORCEMENT COORDINATOR: Trina Grieco, (210) 490-3096; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.
(37) COMPANY: Jannes Stoker dba Triple S Dairy; DOCKET NUMBER: 2007-0544-AGR-E; IDENTIFIER: RN102065737; LOCATION: Stephenville, Erath County, Texas; TYPE OF FACILITY: dairy; RULE VIOLATED: 30 TAC §321.42(s), by failing to develop and operate under a CNMP certified by the TSSWCB; PENALTY: $1,860; ENFORCEMENT COORDINATOR: Tom Jecha, (512) 239-2576; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(38) COMPANY: Jack Edwin Vanden Berge dba Vanden Berge Dairy Farm; DOCKET NUMBER: 2007-0545-AGR-E; IDENTIFIER: RN102073137; LOCATION: Erath County, Texas; TYPE OF FACILITY: dairy; RULE VIOLATED: 30 TAC §321.42(s), by failing to develop and operate under a CNMP certified by the TSSWCB; PENALTY: $3,420; ENFORCEMENT COORDINATOR: Tom Jecha, (512) 239-2576; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(39) COMPANY: Wildwood Property Owners Association; DOCKET NUMBER: 2007-0601-MWD-E; IDENTIFIER: RN101609758; LOCATION: Hardin County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number WQ0011184001, Effluent Limitations and Monitoring Requirements Numbers 2 and 6, and the Code, §26.121(a), by failing to comply with the permitted effluent limitations; and 30 TAC §305.125(17) and TPDES Permit Number WQ0011184001, Sludge Provisions, by failing to timely submit the annual sludge report; PENALTY: $1,375; Supplemental Environmental Project (SEP) offset amount of $1,100 applied to Texas Association of Resource Conservation and Development Areas, Inc. ("RC&D") - Unauthorized Trash Dump Clean-Up; ENFORCEMENT COORDINATOR: Libby Hogue, (512) 239-1165; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.
(40) COMPANY: City of Willow Park; DOCKET NUMBER: 2007-0744-MWD-E; IDENTIFIER: RN101920585; LOCATION: Willow Park, Parker County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number 13834001, Effluent Limitations and Monitoring Requirements Numbers 1 and 2, and the Code, §26.121(a), by failing to comply with the permit effluent limits; PENALTY: $7,280; ENFORCEMENT COORDINATOR: Jorge Ibarra, (817) 588-5800; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
TRD-200703191
Mary R. Risner
Director, Litigation Division
Texas Commission on Environmental Quality
Filed: July 24, 2007
The Texas Commission on Environmental Quality (TCEQ or commission) announces the availability of the draft July 2007 Update to the Water Quality Management Plan for the State of Texas (draft WQMP update).
The Water Quality Management Plan (WQMP) is developed and promulgated in accordance with the requirements of federal Clean Water Act, §208. The draft WQMP update includes projected effluent limits of indicated domestic dischargers useful for water quality management planning in future permit actions. Once the commission certifies a WQMP update, the update is submitted to the United States Environmental Protection Agency (EPA) for approval. For some Texas Pollutant Discharge Elimination System (TPDES) permits, the EPA's approval of a corresponding WQMP update is a necessary precondition to TPDES permit issuance by the commission. The draft WQMP update may contain service area populations for listed wastewater treatment facilities and designated management agency information.
A copy of the draft July 2007 WQMP update may be found on the commission's Web site located at http://www.tceq.state.tx.us/nav/eq/eq_wqmp.html . A copy of the draft may also be viewed at the TCEQ Library, Building A, 12100 Park 35 Circle, Austin, Texas.
Written comments on the draft WQMP update may be submitted to Nancy Vignali, Texas Commission on Environmental Quality, Water Quality Division, MC 150, P.O. Box 13087, Austin, Texas 78711-3087. Comments may also be faxed to (512) 239-4420, but must be followed up with the submission and receipt of the written comments within three working days of when they were faxed. Written comments must be submitted no later than 5:00 p.m. on September 3, 2007. For further information or questions, please contact Ms. Vignali at (512) 239-1303 or by e-mail at nvignali@tceq.state.tx.us .
TRD-200703188
Robert Martinez
Director, Environmental Law Division
Texas Commission on Environmental Quality
Filed: July 24, 2007
The Texas Compliance Advisory Panel will be meeting with the Texas Commission on Environmental Quality's (TCEQ) Small Business and Environmental Assistance program on August 24, 2007 at 9:30 a.m. in Building F, Room 2210, at the Austin Central Offices of the TCEQ to discuss regulatory and policy issues of interest to small businesses regulated by the TCEQ.
Persons with disabilities who have special communication or other accommodation needs who are planning to attend the meeting should contact the agency at (800) 633-9363. Requests should be made as far in advance as possible.
For further information about the public meeting, please contact Melinda Houlihan at (512) 239-5832.
TRD-200703192
Robert Martinez
Director, Environmental Law
Texas Commission on Environmental Quality
Filed: July 24, 2007
The following notices were issued during the period of July 12, 2007 - July 19, 2007.
The following require the applicants to publish notice in a newspaper. Public comments, requests for public meetings, or requests for a contested case hearing may be submitted to Texas Commission on Environmental Quality (TCEQ), Office of the Chief Clerk, MC-105, P.O. Box 13087, Austin, Texas 78711-3087, WITHIN 30 DAYS OF THE DATE OF NEWSPAPER PUBLICATION OF THE NOTICE.
CENTERPOINT ENERGY HOUSTON ELECTRIC, LLC which operates the Greenspoint Service Center, which provides auxiliary services for the transmission and distribution of electric power, has applied for a renewal of TPDES Permit No. WQ0002596000, which authorizes the discharge of treated domestic wastewater, vehicle wash water, and cooling tower blowdown at a daily average flow not to exceed 20,000 gallons per day via Outfall 001. The plant site is located at 2301 Gears Road, approximately 0.5 mile east of the intersection of Veterans Memorial Drive and Gears Road, north of the City of Houston, Harris County, Texas.
CITY OF HOUSTON has applied for a major amendment to TPDES Permit No. WQ0010495146 to authorize the increase of Final phase two-hour peak flow to 38,309 gallons per minute and to add an Interim phase with an annual average flow not to exceed 7,000,000 gallons per day. The draft permit authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 9,400,000 gallons per day. The facility is located north of the West Fork Arm of Lake Houston, approximately 4.5 miles east of U.S. Highway 59 between Bear Branch and Ben's Branch, approximately 7.75 miles northeast of the intersection of U.S. Highway 59 and Farm-to-Market Road 1960 in Harris County, Texas.
MEMORIAL MUNICIPAL UTILITY DISTRICT has applied for a renewal of TPDES Permit No. 11893-001, which authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 3,000,000 gallons per day. The facility is located west of the west property line of Barker Reservoir, which is south of a Harris County Flood Control District Ditch and approximately 14 miles south of Fry Road and Interstate Highway 10 in Harris County, Texas.
CITY OF PENELOPE has applied for a renewal of TPDES Permit No. 13621-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 40,000 gallons per day. The facility is located approximately 2,000 feet southeast of the intersection of Farm-to-Market Roads 308 and 2114; adjacent to the northerly side of Farm-to-Market Road 2114; at the southeast edge of the City of Penelope in Hill County, Texas.
CITY OF SAN AUGUSTINE has applied for a renewal of TPDES Permit No. WQ0010268001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 900,000 gallons per day. The facility is located approximately 5,000 feet northeast of the intersection of U.S. Highway 96 and Farm-to-Market Road 147 in San Augustine County, Texas.
TEXAS DEPARTMENT OF CRIMINAL JUSTICE which operates the Michael Meat Packing Plant, a meat processing and rendering plant, has applied for a renewal of Permit No. WQ0002072000, which authorizes the disposal of treated process wastewater, utility wastewater, and domestic wastewater at a daily average flow not to exceed 200,000 gallons per day via irrigation of 116 acres of pasture land within the 22,000 acres of correctional farm. This permit will not authorize a discharge of pollutants into water in the State. The plant and the irrigation site are located at the Michael Unit correctional facility, west of Farm-to-Market Road 2054, approximately 5 miles southwest of the City of Tennessee Colony, Anderson County, Texas.
TEXAS DEPARTMENT OF TRANSPORTATION which operates the Texas Department of Transportation Municipal Separate Storm Sewer System (MS4), has applied to the TCEQ for a renewal of NPDES Permit No. TXS000402 to authorize storm water point source discharges to surface water in the state from the Texas Department of Transportation Municipal Separate Storm Sewer System. This permit will be issued as TPDES Permit No. WQ0004645000. The MS4 is located within the corporate boundary and the 5 mile extra-territorial jurisdiction (ETJ) of the City of Austin, and to all areas outside of the corporate boundary but within the recharge zone of the Barton Springs portion of the Edwards Aquifer, in Travis, Hays, and Williamson Counties, Texas.
INFORMATION SECTION
To view the complete issued notices, view the notices on our web site at www.tceq.state.tx.us/comm_exec/cc/pub_notice.html or call the Office of the Chief Clerk at (512) 239-3300 to obtain a copy of the complete notice. When searching the web site, type in the issued date range shown at the top of this document to obtain search results.
If you need more information about these permit applications or the permitting process; please call the TCEQ Office of Public Assistance, toll-free, at 1-800-687-4040. General information about the TCEQ can be found at our web site at www.tceq.state.tx.us. Si desea información en Español, puede llamar al 1-800-687-4040.
TRD-200703211
LaDonna Castañuela
Chief Clerk
Texas Commission on Environmental Quality
Filed: July 25, 2007
Notice issued on July 24, 2007.
APPLICATION NO 12144; Elmwood Bradley Oaks, L.P., 325 North Saint Paul Street, Suite 4850, Dallas, Texas 75201, Applicant, has applied for a Water Use Permit to construct and maintain a dam and reservoir (Lake Velma) on an unnamed tributary of Wolf Creek, Trinity River Basin, for in-place recreational, livestock, and wildlife purposes in Anderson County. The application and a portion of the required fees were received on December 12, 2006. Additional information and fees were received on February 27 and May 17, 2007. The application was declared administratively complete and accepted for filing with the Office of the Chief Clerk on June 11, 2007. Written public comments and requests for a public meeting should be received in the Office of Chief Clerk, at the address provided in the information section below, within 30 days of the date of newspaper publication of the notice.
INFORMATION SECTION
To view the complete issued notice, view the notice on our web site at www.tceq.state.tx.us/comm_exec/cc/pub_notice.html or call the Office of the Chief Clerk at (512) 239-3300 to obtain a copy of the complete notice. 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 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 TCEQ, Office of the Chief Clerk, MC-105, P.O. Box 13087, Austin, Texas 78711-3087. For information concerning the hearing process, please contact the Public Interest Counsel, MC 103, at the same address. For additional information, individual members of the general public may contact the Office of Public Assistance at 1-800-687-4040. General information regarding the TCEQ can be found at our web site at www.tceq.state.tx.us. Si desea información en Español, puede llamar al 1-800-687-4040.
TRD-200703212
LaDonna Castañuela
Chief Clerk
Texas Commission on Environmental Quality
Filed: July 25, 2007
Notice issued on July 24, 2007.
TCEQ Internal Control No. 05292007-D11; Mehrdad Moayedi, (Petitioner) filed a petition for creation of Valencia on the Lake WCID (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, consisting of one tract, to be included in the proposed District; (2) there is one lien holder, Wachovia Bank National Association, on the property to be included in the proposed District; (3) the proposed District will contain approximately 448.0 acres located in Denton County, Texas; and (4) the proposed District is within the extraterritorial jurisdiction of the town of Little Elm, 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. 765, dated June 2006, the town of Little Elm, Texas, gave its consent to the creation of the proposed District. According to the petition, the Petitioner has conducted a preliminary investigation to determine the cost of the project and from the information available at the time, the cost of the project is estimated to be approximately $30,030,000.
INFORMATION SECTION
To view the complete issued notice, view the notice on our web site at www.tceq.state.tx.us/comm_exec/cc/pub_notice.html or call the Office of the Chief Clerk at (512) 239-3300 to obtain a copy of the complete notice. When searching the web site, type in the issued date range shown at the top of this document to obtain search results.
The TCEQ may grant a contested case hearing on the 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 below.
The Executive Director may approve the petition unless a written request for a contested case hearing is filed within 30 days after the newspaper publication of this 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 TCEQ, Office of the Chief Clerk, MC-105, P.O. Box 13087, Austin, Texas 78711-3087. For information concerning the hearing process, please contact the Public Interest Counsel, MC 103, at the same address. For additional information, individual members of the general public may contact the Districts Review Team, at (512) 239-4691. Si desea información en Español, puede llamar al (512) 239-0200. General information regarding TCEQ can be found at our web site at www.tceq.state.tx.us.
TRD-200703213
LaDonna Castañuela
Chief Clerk
Texas Commission on Environmental Quality
Filed: July 25, 2007
Licensing Actions for Radioactive Materials
TRD-200703075
Lisa Hernandez
Deputy General Counsel
Department of State Health Services
Filed: July 19, 2007
Notice is hereby given that the Department of State Health Services (department) issued Agreed Orders to the following registrants:
- James D. Pinkerton, D.D.S. (Registration Number R26166) of Spearman. A total penalty of $1,500 shall be paid by registrant for violations of 25 Texas Administrative Code, Chapter 289. The registrant shall also comply with additional settlement agreement requirements.
- Doyle Chiropractic & Rehabilitation (Registration Number R22897) of Fort Worth. A total penalty of $1,000 shall be paid by registrant for violations of 25 Texas Administrative Code, Chapter 289. The registrant shall also comply with additional settlement agreement requirements.
- Everest Exploration, Inc. (License Number L03626) of Corpus Christi. A total penalty of $2,500 shall be paid by registrant for alleged violations of 25 Texas Administrative Code, Chapter 289. The registrant shall also comply with additional settlement agreement requirements.
- Rocky Mountain Chiropractic (Registration Number R18210) of Irving. A total penalty of $1,000 shall be paid by registrant for violations of 25 Texas Administrative Code, Chapter 289. The registrant shall also comply with additional settlement agreement requirements.
- Gulf Coast MRI & Diagnostics, Inc. (Registration Number R22530) of Houston. A total penalty of $3,000 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, press "1" then press "0", Monday-Friday, 8:00 a.m. to 5:00 p.m. (except holidays).
TRD-200703076
Lisa Hernandez
Deputy General Counsel
Department of State Health Services
Filed: July 19, 2007
The Texas Health and Human Services Commission announces its intent to submit Amendment 790, Transmittal Number 07-031, to the Texas State Plan for Medical Assistance, under Title XIX of the Social Security Act. The proposed amendment is effective September 1, 2007.
The amendment eliminates the 2.5 percent Medicaid payment reduction for Medicaid services delivered by Licensed Clinical Social Workers (LCSWs), Licensed Professional Counselors (LPCs), and Licensed Marriage and Family Therapists (LMFTs) that was implemented effective September 1, 2003. The 2.5 percent payment reduction was implemented as a result of the 2004-05 General Appropriations Act (Article II, Special Provisions, Section 28, H.B. 1, 78th Legislature, Regular Session, 2003) and Section 2.03 of H.B. 2292, 78th Texas Legislature, Regular Session, 2003. A 2.5 percent payment reduction factor was applied to Medicaid rates for Medicaid professional and outpatient facility services at the end of the claims payment process, as the last step before calculating the actual payment. The elimination of the 2.5 percent payment reduction is a result of increased appropriations under the 2008-09 General Appropriations Act (Article II, Special Provisions, Section 57(a)(3)(i), H.B. 1, 80th Texas Legislature, Regular Session, 2007).
The proposed amendment is estimated to result in additional annual aggregate spending for federal fiscal year (FFY) 2007 of $86,430, of which $52,532 is federal expenditures and $33,898 is state general revenue expenditures. For FFY 2008, the estimated spending is $1,099,382, of which $665,786 is federal expenditures and $433,596 is state general revenue expenditures. For FFY 2009, the estimated spending is $1,182,935, with $714,729 in federal expenditures, and $468,206 in state general revenue expenditures.
Interested parties may obtain copies of the proposed amendment or submit written comments by contacting Christina Dyer, Rate Analyst, by mail at the Rate Analysis Department, Texas Health and Human Services Commission, P.O. Box 85200, H-400, Austin, Texas 78708-5200; by telephone at (512) 491-1104; by facsimile at (512) 491-1747; or by e-mail at christina.dyer@hhsc.state.tx.us. Copies of the proposal will also be made available for public review at the local offices of the Texas Department of Aging and Disability Services.
TRD-200703189
Steve Aragón
Chief Counsel
Texas Health and Human Services Commission
Filed: July 24, 2007
Notice of Disaster Preference for Section 8 Housing Choice Voucher Program
On July 12, 2007 the Board of the Texas Department of Housing and Community Affairs approved for public comment an addition of a disaster preference to be included in the TDHCA Public Housing Agency Plan. The disaster preference will allow the Department to provide Housing Choice Vouchers promptly to individuals and families in communities impacted by a disaster which will include, but not be limited to, communities with a disaster declaration or documented extenuating circumstances such as imminent threat to health and safety. The preference will cover only the areas where the Department currently has oversight of the Section 8 program. Requests for the preference must be made within 90 days of the disaster and may result in the disaster impacted person or family receiving assistance before someone currently on a waiting list.
Questions or requests for additional information may be directed to Willie Faye Hurd, Section 8 Program Manager, Community Affairs Division at whurd@tdhca.state.tx.us or by mail at P.O. Box 13941, Austin, Texas 78711-3941, (512) 475-3892. Comments must be received by 5:00 p.m., Friday, August 31, 2007.
TRD-200703222
Michael G. Gerber
Executive Director
Texas Department of Housing and Community Affairs
Filed: July 25, 2007
Application to change the name of PENINSULAR LIFE INSURANCE COMPANY to SIGNIFICA INSURANCE GROUP, INC., a foreign life, accident and/or health company. The home office is in Wilkes-Barre, Pennsylvania.
Any objections must be filed with the Texas Department of Insurance, within 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-200703220
Gene C. Jarmon
Chief Clerk and General Counsel
Texas Department of Insurance
Filed: July 25, 2007
Request for Proposals to Assist in the Monitoring and Development of the North Central Texas Regional Outer Loop/Rail Bypass Study
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 firm(s) to assist in the monitoring and development of the North Central Texas Regional Outer Loop/Rail Bypass Study. Consultant assistance includes providing quality assurance and quality control for this corridor refinement study with the goal of minimizing costs and time associated with technical, compliance, and public communication aspects of the overall project while maintaining a high level of quality in the overall planning process. Technical aspects include demographic and commodity data, roadway and freight rail modeling, and basic roadway/freight rail geometrics. Compliance aspects include ensuring all activities are consistent with federal and State requirements related to mobility planning, corridor environmental clearance and linking regional mobility planning and corridor study processes. Public communication aspects include assisting in the preparation of technical presentations and briefing materials to a wide variety of the potentially impacted parties. A final key item to achieving this goal will be coordinating technical efforts of multiple consultant teams and government agencies working on different aspects of the Regional Outer Loop/Rail Bypass. Engineering services are required for this project.
Due Date
Proposals must be received no later than 5 p.m., Central Daylight Time, on Friday, September 14, 2007, to Mike Sims, Senior Program Manager, 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-200703210
R. Michael Eastland
Executive Director
North Central Texas Council of Governments
Filed: July 25, 2007
Announcement of Application for Amendment to a State-Issued Certificate of Franchise Authority
The Public Utility Commission of Texas received an application on July 20, 2007, 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).
Project Title and Number: Application of Cebridge Acquisition, L.P. d/b/a Suddenlink Communications for an Amendment to its State-Issued Certificate of Franchise Authority, Project Number 34541 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 34541.
TRD-200703201
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: July 24, 2007
The Public Utility Commission of Texas received an application on July 20, 2007, 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).
Project Title and Number: Application of Universal Cable Holdings, Inc., d/b/a Suddenlink Communications for an Amendment to a State-Issued Certificate of Franchise Authority, Project Number 34539 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 1-88-782-8477. 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 34539.
TRD-200703199
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: July 24, 2007
The Public Utility Commission of Texas received an application on July 20, 2007, 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).
Project Title and Number: Application of Friendship Cable of Texas, Inc., d/b/a Suddenlink Communications for an Amendment to a State-Issued Certificate of Franchise Authority, Project Number 34542 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 34542.
TRD-200703202
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: July 24, 2007
The Public Utility Commission of Texas received an application on July 20, 2007, for a state-issued certificate of franchise authority (CFA), pursuant to §§66.001 - 66.016 of the Public Utility Regulatory Act (PURA).
Project Title and Number: Application of Cequel III Communications I, LLC d/b/a Suddenlink Communications for a State-Issued Certificate of Franchise Authority, Project Number 34540 before the Public Utility Commission of Texas.
Applicant intends to provide cable service. The requested CFA service area includes the unincorporated areas of Harris County, Montgomery County, Polk County, San Jacinto County, Trinity County, and Washington County.
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 34540.
TRD-200703200
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: July 24, 2007
Notice is given to the public of the filing with the Public Utility Commission of Texas of an application on July 17, 2007, for retail electric provider (REP) certification, pursuant to §§39.101 - 39.109 of the Public Utility Regulatory Act (PURA).
Docket Title and Number: Application of Juice Energy, Inc. for Retail Electric Provider (REP) Certification, Docket Number 34521 before the Public Utility Commission of Texas.
Applicant's requested service area by geography includes the entire State of Texas.
Persons wishing to comment upon the action sought should contact the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than August 10, 2007. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136 or toll free at 1-800-735-2989. All comments should reference Docket Number 34521.
TRD-200703090
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: July 20, 2007
Notice is given to the public of an application filed on July 19, 2007, with the Public Utility Commission of Texas for an amendment to certificated service area boundaries in Collin County, Texas.
Docket Style and Number: Application of AT&T Texas to Amend a Certificate of Convenience and Necessity for a Minor Boundary Amendment between the McKinney and Princeton and McKinney and Prosper Exchanges. Docket Number 34531.
The Application: AT&T Texas filed an application for a couple of minor boundary amendments between the McKinney and Princeton exchanges and the McKinney and Prosper exchanges within Collin County, Texas. This boundary amendment is being requested to create more clearly-defined physical boundaries in these exchanges to accommodate the expansion of development and more accurately reflect the way service is currently being provisioned to existing customers in these areas.
Persons wishing to comment on the action sought or intervene should contact the Public Utility Commission of Texas by August 10, 2007, 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 34531.
TRD-200703206
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: July 24, 2007
On July 19, 2007, Cbeyond Communications of Texas, L.P. filed an application with the Public Utility Commission of Texas (commission) to amend its service provider certificate of operating authority (SPCOA) granted in SPCOA Certificate Number 60394. Applicant intends to amend its application to reflect a change in corporate restructuring and a name change.
The Application: Application of Cbeyond Communications of Texas, L.P. for an Amendment to its Service Provider Certificate of Operating Authority, Docket Number 34532.
Persons wishing to comment on the action sought should contact the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than August 8, 2007. 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 34532.
TRD-200703203
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: July 24, 2007
On July 18, 2007, Ohio First Communications, LLC filed an application with the Public Utility Commission of Texas (commission) to amend its service provider certificate of operating authority (SPCOA) granted in SPCOA Certificate Number 60772. Applicant intends to reflect a change in ownership/control.
The Application: Application of Ohio First Communications, LLC for an Amendment to its Service Provider Certificate of Operating Authority, Docket Number 34526.
Persons wishing to comment on the action sought should contact the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than August 8, 2007. 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 34526.
TRD-200703205
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: July 24, 2007
On July 20, 2007, Phone City Communications filed an application with the Public Utility Commission of Texas (commission) to amend its service provider certificate of operating authority (SPCOA) granted in SPCOA Certificate Number 34534. Applicant intends to relinquish its certificate.
The Application: Application of Phone City Communications to Relinquish its Service Provider Certificate of Operating Authority, Docket Number 34534.
Persons wishing to comment on the action sought should contact the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than August 8, 2007. 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 34534.
TRD-200703204
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: July 24, 2007
Notice is given to the public of the filing with the Public Utility Commission of Texas of an application on July 17, 2007, for a service provider certificate of operating authority (SPCOA), pursuant to §§54.151 - 54.156 of the Public Utility Regulatory Act (PURA).
Docket Title and Number: Application of Access2go, Inc. for a Service Provider Certificate of Operating Authority, Docket Number 34524 before the Public Utility Commission of Texas.
Applicant intends to provide plain old telephone service, T1-Private Line, Fractional T1, and long distance services.
Applicant's requested SPCOA geographic area includes the area of Texas currently served by AT&T Texas, Verizon Southwest, and Embarq.
Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than August 8, 2007. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136 or toll free at 1-800-735-2989. All comments should reference Docket Number 34524.
TRD-200703091
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: July 20, 2007
The Public Utility Commission of Texas (commission) proposes this application form in conjunction with its proposed new P.U.C. Substantive Rule §25.455, relating to One-Time Bill Payment Assistance Program. This application form would be used by a residential electric customer who seeks assistance under proposed P.U.C. Substantive Rule §25.455 and who is, or who has in his or her household, a low-income person who is seriously ill or disabled, and whose health or safety may be injured by the disconnection of electric service for non-payment.
The Commission invites comments on this application form from interested parties. Comments on this application form may be submitted to the Filing Clerk, Public Utility Commission of Texas, 1701 North Congress Avenue, P.O. Box 13326, Austin, Texas 78711-3326. Comments must be received by Monday, September 10, 2007. Reply comments may be submitted, and must be received by Tuesday, September 25, 2007. Sixteen copies of comments and reply comments must be filed. Comments and reply comments may be filed with and at the same time as comments and reply comments on the proposed rule language. All responses should reference Project Number 33811.
Questions concerning this form should be referred to Jonathan Griffin, Retail Market Analyst, Electric Industry Oversight Division, (512) 936-7378. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136.
Form Relating to One-Time Bill Payment Assistance Program (.pdf)
TRD-200703158
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: July 23, 2007
The Public Utility Commission of Texas (commission or PUCT) is issuing a Request for Proposals (RFP) for major consulting services. The consultant will assist the PUCT with the day-to-day operation of the Electric Reliability Council of Texas (ERCOT) wholesale electricity market and implementation of the nodal market design. This RFP is being undertaken pursuant to the commission's statutory responsibility as provided for in the Public Utility Regulatory Act (PURA), Chapter 39.
To be considered, the proposals must arrive at the PUCT on or before the deadline stated on the RFP. This deadline is available on the PUCT website www.puc.state.tx.us. The vendor must be prepared to begin providing services on or around September 4, 2007.
Entities that meet the definition of a historically underutilized business (HUB), as defined in Chapter 2161, Texas Government Code, §2161.001, are encouraged to submit a proposal or to submit a proposal jointly with a non-HUB entity.
Project Description. The Contractor will:
1. Advise the commission staff with respect to implementing the new Texas nodal market design. This includes assistance to the commission staff in identifying instances in which electric wholesale market design features are flawed, create opportunities for anti-competitive behavior, or do not represent best practices in wholesale market; and interacting with ERCOT stakeholders regarding new or previously-identified issues.
2. Advise the staff in evaluating the performance of energy-only resource adequacy mechanism, assist the staff in assessing the adequacy of resources in the ERCOT wholesale market, and identify ways to provide better economic incentives to ensure adequate resources in Texas.
3. Assist commission staff in evaluating the existing scarcity pricing mechanism and defining the boundary between market power abuse and legitimate scarcity pricing.
4. Advise the commission staff in projects, including Project Number 32853 Evaluation of Demand Response Programs in the Competitive Electric Market, and resulting demand response programs, such as ERCOT Emergency Interruptible Load Service (EILS), and their implementation in Texas electric markets. This includes working with the staff to evaluate the need for additional demand response programs, provide advice on the design of such programs, and assist the staff in its interaction with ERCOT stakeholders.
5. Advise the commission staff in evaluating the economic efficiency of the ancillary service markets and assist the staff in interacting with ERCOT stakeholders to address potential shortcomings in these markets within the Texas nodal design.
6. Assist commission staff in developing Protocol Revision Requests as needed and provide feedback and improvements on stakeholder-sponsored Protocol Revision Requests intended to improve the ERCOT Protocols.
7. Inform commission staff regarding state of art methods and mechanisms used in other electricity markets in detecting anti-competitive behavior relating to the scheduling and operation of generation or transmission facilities.
8. Advise commission staff on application of appropriate industry specific mathematical/quantitative models, particularly regarding the application of such models and their effectiveness in addressing concerns regarding generation economic dispatch and transmission load flow issues.
9. As needed, review and provide comments on market related commission reports, which include daily, monthly, quarterly, and annual reports.
10. Provide advice on technical issues and concerns raised by commissioners or staff.
11. Be available to participate in a teleconference with staff to address areas of concerns.
12. Meet with commission staff and participate in meetings of the commission or ERCOT stakeholder groups to address ERCOT wholesale market issues (up to three trips to Austin).
13. Securely maintain confidential information that may be provided for review and analysis as a result of work performed under this agreement.
Selection Criteria. The PUCT shall make the selection and award on the basis of the proposer's demonstrated knowledge, competence, and qualifications to provide the requested services as evidenced by the following:
proposer's description of its plan to provide the services, understanding of the issues related to this engagement, and understanding of the scope of this engagement;
proposer's experience in analyzing issues related to the design of wholesale electricity markets, particularly the ERCOT market;
proposer's previous history, if any, working with the PUCT;
whether proposer is a HUB or a business affiliation that includes a HUB; and
issues related to conflicts of interest, if any, and on the reasonableness of the proposed fee.
All other factors being equal, preference will be given to a proposer whose principal place of business is in the state or who will manage the consulting contract wholly from an office in the state.
Requesting the Proposal. A complete copy of the RFP may be obtained by written request to Ben Delamater, Purchaser, Public Utility Commission of Texas, William B. Travis Building, 1701 North Congress Avenue, Austin, TX 78701, or by fax (512) 936-7058, or by e-mail ben.delamater@puc.state.tx.us. You may also download the RFP from the PUC website www.puc.state.tx.us, by choosing "Procurement/HUB" from the menu on the right, and from the Electronic State Business Daily website at http://esbd.tbpc.state.tx.us.
Deadline for Receipt of Proposals. Proposals must be received on or before the deadline stated on the RFP in the Public Utility Commission of Texas Central Records Division. Proposals received after the deadline will not be considered. Proposals may be received in Central Records between 9:00 a.m. and 5:00 p.m., Monday through Friday, except on holidays. In determining the time and date of receipt, the commission will rely solely on the time/date stamp of Central Records. Proposals should be filed under Project Number 23100.
TRD-200703221
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: July 25, 2007
Pursuant to Transportation Code, §21.111, and Title 43, Texas Administrative Code, §30.209, the Texas Department of Transportation conducts public hearings to receive comments from interested parties concerning proposed approval of various aviation projects.
For information regarding actions and times for aviation public hearings, please go to the following web site:
www.txdot.gov/about_us/public_hearings_and_meetings/aviation.htm
Or visit www.txdot.gov, click on Citizen, click on Public Hearings, and then click on Aviation.
Or contact Joyce Moulton, Aviation Division, 150 East Riverside, Austin, Texas 78704, (512) 416-4501 or 1-800-68-PILOT.
TRD-200703207
Joanne Wright
Deputy General Counsel
Texas Department of Transportation
Filed: July 25, 2007
The Texas Department of Transportation (department) issues this request for proposals (RFP) for the purpose of identifying qualified law firms interested in providing legal representation to the department and the Texas Transportation Commission (commission) on matters related to the innovative financing and development of transportation projects, including the use of public/private partnerships, and as more fully set out as follows. Selection of outside counsel will be made by the department's General Counsel. The Office of the Attorney General must approve the General Counsel's selection before outside counsel may be employed.
Description: The department is a state agency granted powers under Transportation Code, Chapter 227, to plan and construct a set of intermodal transportation facilities that will be known as the Trans-Texas Corridor and will integrate highway, rail, and utility components. The department is also authorized under Transportation Code, Chapter 223, to construct, maintain, repair, operate, extend, or expand toll projects on the state highway system. Transportation Code, Chapter 223, Subchapter E, and Transportation Code, §227.023, authorize the department to enter into comprehensive development agreements with private entities for the acquisition, financing, design, construction, maintenance and/or operation of facilities on the Trans-Texas Corridor and department toll projects.
The department intends to engage outside counsel to advise and represent the agency in connection with the development of transportation projects (including, without limitation, highway, toll, transit, rail, intermodal, and other related transportation facilities), comprehensive development agreements, and other public/private partnerships. Outside counsel will provide advice to the department in these areas, including providing legal advice and support on the terms of comprehensive development agreements and drafting, negotiating and administering comprehensive development agreements, as well as legal issues involved in using public/private partnerships for the development of transportation projects, including procurement processes and innovative financing options and the implementation and structuring thereof. Outside counsel shall review legislation when requested by the department, recommend legislative action where appropriate and assist with drafting of legislation at the state and federal level. Accordingly, the department invites responses to this RFP from qualified firms for the provision of legal services under the direction and supervision of the department's Office of General Counsel. Outside counsel engaged by the department must demonstrate competence and expertise in the foregoing areas. Extensive prior experience in providing legal services related to public/private partnerships for the development of transportation projects and the innovative financing of those projects is required.
Responses: Responses to the RFP may be submitted by an individual law firm, attorney, or joint venture between two or more law firms and/or attorneys. Responses to the RFP should include at least the following information: (1) a description of the firm's qualifications for performing legal services in the matters described previously, the names, experience, education and expertise of the attorneys who will be assigned to work on such matters, the availability of the lead attorney and other firm personnel who will be assigned to work on these matters and appropriate information regarding efforts made by the firm to encourage and develop the participation of minorities and women in the provision of these legal services; (2) information relative to the capabilities, location(s), and resources of the firm's offices which might serve the department's requirements, including a summary of physical resources that would be assigned to the department, and an organizational chart indicating the relevant areas of responsibility of each attorney assigned to work on these matters; (3) the submission of fee information (either in the form of hourly rates for each attorney and paralegal who will be assigned to perform services in relation to these matters, comprehensive flat fees, or other fee arrangements directly related to the achievement of specific goals and cost controls) and billable expenses; (4) an abstract of the firm's cost control procedures and how it charges for its services; (5) a comprehensive description of the procedures used by the firm to supervise the provision of legal services in a timely and cost effective manner; (6) 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 department or to the State of Texas or any of its agencies); and (7) confirmation of willingness to comply with the rules, policies, directives, and guidelines of the department, the commission, and the Attorney General of the State of Texas.
Note: The department is particularly concerned with issues pertaining to any conflict of interest. Respondents are admonished to make all practicable efforts to fully investigate, disclose, and address such conflicts.
Format and Person to Contact: Two copies of the proposal are requested. The proposal should be typed, preferably double spaced, on 8 1/2 x 11 inch paper with all pages sequentially numbered and either stapled or bound together. It should be sent by mail or delivered in person, marked "Response to Request for Proposal," and addressed to General Counsel, Texas Department of Transportation, 125 East 11th Street, Austin, Texas 78701-2483. For questions, contact Angie Parker in the Office of General Counsel at (512) 463-8630.
Deadline for Submission of Response: All proposals must be received by the General Counsel, Texas Department of Transportation, 125 East 11th Street, Austin, Texas 78701-2483, no later than 5:00 p.m. on August 31, 2007.
TRD-200703208
Bob Jackson
General Counsel
Texas Department of Transportation
Filed: July 25, 2007
Notice after Amending Consulting Contract
In accordance with Chapter 2254 of the Texas Government Code, the University of North Texas System ("UNT System") has amended a major consulting services contract related to federal government relations.
In addition to services already provided for in the consulting contract, the consulting firm will assist UNT System and its member institutions in connection with research objectives and strategies to assist UNT System in presenting and utilizing the available resources of the UNT System in connection with the University of North Texas Center for Advanced Research and Technology.
The name and business address of the consultant is:
Congressional Solutions, Inc.
1530 N. Key Blvd., Suite 523
Arlington, Virginia 22209
UNT System will pay a consulting fee for the additional services not to exceed $7,500.00 per month for the remainder of the contract term. The term of the consulting contract began September 1, 2006, and will end August 31, 2008.
TRD-200703080
Joey Saxon
Director of Purchasing and Payment Services
University of North Texas System
Filed: July 19, 2007
Request for Proposals for Childcare Services
The Coastal Bend Workforce Development Board, the Board, is a non-profit, tax-exempt organization that oversees workforce development programs in the 12 county Coastal Bend region and is comprise of 34 members. The Board receives funding from the Texas Workforce Commission.
The Coastal Bend Workforce Development Board assumed the duty for childcare services from the Texas Workforce Commission on September 1, 1998. In an effort to subsidize affordable childcare at an equitable rate, the Board will need to retain the services of a childcare agency which can delivery these services to the public on the Board's behalf.
For this reason, the Board is seeking a contractor for the operation of the Childcare Services portion of the program. This procurement will not include any provider management functions or processing of payments to providers. The contractor selected through this procurement will be required to provide the requested services in an environment of declining federal funding.
Interested Parties may obtain a copy of the Request for Proposals by calling Ramiro Hoyos at (361) 225-1098, extension 115.
The deadline for receipt of proposals is 12:00 NOON, August 29, 2007. FAXED proposals are not acceptable. Responses must be mailed or hand delivered. Responses received after the deadline will not be considered.
The Board is an Equal Opportunity employer/program. Historically Underutilized Businesses are encouraged to apply. Auxiliary aids and services are available upon request to individuals with disabilities. Telephone access is available by dialing 711.
TRD-200703149
Blair McDavid
Manager of Procurement/Contracts
WorkSource of the Coastal Bend (Coastal Bend Workforce Development Board)
Filed: July 23, 2007