Department of Assistive and Rehabilitative Services
Notice of Public Hearing for DARS Annual Application for Federal Funds for Early Childhood Intervention
The Department of Assistive and Rehabilitative Services, Division for Early
Childhood Intervention, is soliciting comments related to its annual application
for federal funds for early childhood intervention. DARS will be requesting
funding under the Individuals with Disabilities Education Act, Part C for
federal fiscal year 2007. The funding application will be submitted to the
U.S. Department of Education, Office of Special Education Programs on April
20, 2007. To request copies of annual funding application or to make comments
concerning early childhood intervention contact: Kim Wedel, Assistant Commissioner,
Early Childhood Intervention, Department of Assistive & Rehabilitative
Services, 4900 North Lamar Blvd., Mail Code 3029, Austin, Texas 78751-2399;
(512) 424-6753.
TRD-200700223
Sylvia F. Hardman
General Counsel
Department of Assistive and Rehabilitative Services
Filed: January 26, 2007
The Department of Assistive and Rehabilitative Services (DARS) will hold
a public hearing from 2:00 p.m. to 4:00 p.m. on Friday, February 23, 2007,
in Conference Room 250 of the DARS Administration Building at 4800 North Lamar
Boulevard in Austin, Texas, to receive public comments on the proposed FY
2007-2008 Maximum Allowable Payment Schedule (MAPS) rates used for the purchase
of medical and medical-related services. The proposed implementation date
for the new MAPS rates is March 1, 2007.
The schedule of proposed rates may be viewed or copies may be obtained
by calling Stuart McPhail with DARS at (512) 424-4144 or visiting DARS at
the Brown Heatly Building at 4900 North Lamar; Austin, Texas 78751.
Written comments on the proposed rates may be submitted to Stuart McPhail,
Department of Assistive and Rehabilitative Services, 4900 North Lamar Boulevard,
Austin, Texas 78751.
TRD-200700209
Sylvia F. Hardman
General Counsel
Department of Assistive and Rehabilitative Services
Filed: January 26, 2007
Notice of Settlement of a Texas Clean Air Act Enforcement Action
Notice is hereby given by the State of Texas of the following proposed
resolution of an environmental enforcement lawsuit under the Clean Air 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
the Texas Commission on Environmental Quality v. Bobby Wood and Charles Talbert,
individually d/b/a Bobby Wood & Company; Cause No. 2006-21885, 215th Judicial
District, Harris County, Texas.
Background: This suit alleges violations of the Texas Clean Air Act resulting
from the improper use of a trench burner in Harris County, Texas. The Defendants
are Bobby Wood and Charles Talbert, who own and operate a land clearing business.
The suit seeks injunctive relief, civil penalties, attorney's fees and court
costs. The Clean Air Act violations are for air pollution and air nuisance.
Nature of Settlement: The settlement awards $5,500.00 in civil penalties
and $875.00 in attorney's fees to the State and $5,500.00 in civil penalties
and $1,000.00 in attorney's fees to Harris County. The settlement also enjoins
Bobby Wood and Charles Talbert from operating a trench burner in Harris County.
For a complete description of the proposed settlement, the complete proposed
Agreed Final Judgment should be reviewed. Requests for copies of the judgment,
and written comments on the proposed settlement should be directed to Vanessa
Puig-Williams, 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 information regarding this publication, contact
Lauri Saathoff, Agency Liaison, at (512) 463-2096.
TRD-200700250
Stacey Napier
Deputy Attorney General
Office of the Attorney General
Filed: January 30, 2007
Notice is hereby given by the State of Texas of the following proposed
resolution of an environmental enforcement lawsuit under the Clean Air 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
the Texas Commission on Environmental Quality v. Valero Marketing and Supply
Co.; Cause No. 2006-71320, 61st Judicial District, Harris County, Texas.
Background: This suit alleges violations of the Texas Clean Air Act resulting
from odors emanating from an asphalt storage facility owned by Valero Marketing
and Supply Company. The suit seeks civil penalties, attorney's fees and court
costs. The Clean Air Act violations are for air nuisance.
Nature of Settlement: The settlement awards $4,500.00 in civil penalties
and $1,000.00 in attorney's fees to the State and $4,500.00 in civil penalties
and $1,000.00 in attorney's fees to Harris County. An additional $9,000.00
will be applied to Harris County's Ozone Network Supplemental Environmental
Project.
For a complete description of the proposed settlement, the complete proposed
Agreed Final Judgment should be reviewed. Requests for copies of the judgment,
and written comments on the proposed settlement should be directed to Vanessa
Puig-Williams, 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 information regarding this publication, contact
Lauri Saathoff, Agency Liaison, at (512) 463-2096.
TRD-200700252
Stacey Napier
Deputy Attorney General
Office of the Attorney General
Filed: January 30, 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 January 19, 2007,
through January 25, 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
these activities extends 30 days from the date published on the Coastal Coordination
Council web site. The notice was published on the web site on January 31,
2007. The public comment period for these projects will close at 5:00 p.m.
on March 2, 2007.
FEDERAL AGENCY ACTIONS:
Applicant: Guadalupe-Blanco River Trust in partnership
with Guadalupe-Blanco River Authority
; Location: The proposed project
site is located at the confluence of the Guadalupe River and Traylor Cut in
Refugio County, Texas. The project site is approximately 4 miles southeast
of Tivoli, Texas and 3.5 miles south of Highway 35 along River Road. The project
can be located on the U.S.G.S. quadrangle map entitled: Austwell, Texas. Approximate
UTM Coordinates in NAD 27 (meters): Zone 14; Easting: 713000; Northing: 3148380.
Project Description: The purpose of this project is to restore flow and navigability
to this section of the Guadalupe River by mechanically removing the accumulated
sediment along the south bank and placing it in an upland contained disposal
area. The applicant reports that since 1991, heavy sediment accumulation has
occurred along the south bank of the Guadalupe River opposite of Traylor Cut.
In some portions of the project site, the accumulated sediments have reduced
average historical water depths of -6 to -8 feet ordinary high water mark
(OHWM) to -2 feet OHWM. In addition, the sediment deposition has narrowed
the width between historical OHWM's by approximately 36 feet along a stretch
of the river for approximately 165 feet. The applicant is proposing to excavate
approximately 0.34 acres of accumulated sediment in the river. The maximum
volume of sediment to be excavated is approximately 900 cubic yards. The depth
of the river will be returned to pre-sediment conditions of -6 to -8 feet
OHWM and the historical OHWM of the southern bank will be restored with a
proposed slope of 3: 1. Excavation will be performed through one-step excavation
with an extended-boom backhoe. The excavation will not extend to, nor will
it disturb, the north bank (OHWM) of the Guadalupe River. The sediment will
be placed in an upland contained placement area approximately 13 to 35 feet
southwest of the proposed excavation area. The placement area is approximately
175 feet by 171 feet (0.69 acres) and has been used as a placement area in
the past. The applicant proposes to construct a stabilized berm around the
perimeter of the placement area in order to contain all excavated material
and prevent return waters from reaching the river. In addition to the constructed
berm, the applicant proposes to incorporate Texas Commission on Environmental
Quality (TCEQ) Tier I Best Management Practices. The applicant proposes to
remove, and treat separately, any invasive species such as Chinese tallow
(Triadica sebifera FACU+) and rattlebush (Sesbania drummondii, FACW) during
the excavation. They will be consolidated into a brush-pile and burned so
as not to germinate and dominate the placement area. CCC Project No.: 07-0083-F1;
Type of Application: U.S.A.C.E. permit application #24437 is being evaluated
under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. §403).
Applicant: Genesis Producing Company
; Location:
The applicant proposes to drill a new oil well from an existing surface structure.
The project is located in Copano Bay in State Tract (ST) 50, Refugio County,
Texas. The project can be located on the U.S.G.S. quadrangle map entitled:
Lamar, Texas. Approximate UTM Coordinates in NAD 27 (meters): Zone 14; Easting:
684914; Northing: 3112910. Project Description: The applicant proposes to
drill a new oil well that will be known by the applicant as ST 50, Well No.
2. The new well would involve operation and maintenance of structures and
equipment necessary for oil and gas drilling, production and transportation
activities. Such activities include installation of typical marine barges
and keyways, and shell and gravel pads. The pad would occupy approximately
27,000 square feet (270 by 100 feet) and consist of approximately 4,500 cubic
yards of crushed rock, shell, or washed gravel. Water depth at the proposed
site is approximately -7.0 feet Mean Low Tide. During drilling activities,
the applicant proposes to use a 500-foot radius around the drilling rig as
a work area. Upon completion of drilling, the applicant proposes to leave
in place an 8- by 20-foot well head and platform with a USCG navigational
light atop it. CCC Project No.: 07-0089-F1; Type of Application: U.S.A.C.E.
permit application #24434 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: Genesis Producing Company
; Location:
The project is located in Copano Bay in State Tract (ST) 58, Refugio County,
Texas. The project can be located on the U.S.G.S. quadrangle map entitled:
Bayside, Texas. Approximate UTM Coordinates in NAD 27 (meters): Zone 14; Easting:
681231; Northing: 3110774. Project Description: The applicant proposes to
drill a new oil well that will be known by the applicant as ST 58, Well No.
1. The new well would involve operation and maintenance of structures and
equipment necessary for oil and gas drilling, production and transportation
activities. Such activities include installation of typical marine barges
and keyways, and shell and gravel pads. The pad would occupy approximately
27,000 square feet (270 by 100 feet) and consist of approximately 4,500 cubic
yards of crushed rock, shell, or washed gravel. Water depth at the proposed
site is approximately -7.0 feet Mean Low Tide. During drilling activities,
the applicant proposes to use a 500-foot radius around the drilling rig as
a work area. Upon completion of drilling, the applicant proposes to leave
in place an 8- by 20-foot well head and platform with a USCG navigational
light atop it. CCC Project No.: 07-0090-F1; Type of Application: U.S.A.C.E.
permit application #24435 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: Genesis Producing Company
; Location:
The project is located in Copano Bay in State Tract (ST) 50, Refugio County,
Texas. The project can be located on the U.S.G.S. quadrangle map entitled:
Rockport, Texas. Approximate UTM Coordinates in NAD 27 (meters): Zone 14;
Easting: 684818; Northing: 3111902. Project Description: The applicant proposes
to drill a new oil well that will be known by the applicant as ST 50, Well
No. 1. The new well would involve operation and maintenance of structures
and equipment necessary for oil and gas drilling, production and transportation
activities. Such activities include installation of typical marine barges
and keyways, and shell and gravel pads. The pad would occupy approximately
27,000 square feet (270 by 100 feet) and consist of approximately 4,500 cubic
yards of crushed rock, shell, or washed gravel. Water depth at the proposed
site is approximately -7.0 feet Mean Low Tide. During drilling activities,
the applicant proposes to use a 500-foot radius around the drilling rig as
a work area. Upon completion of drilling, the applicant proposes to leave
in place an 8- by 20-foot well head and platform with a USCG navigational
light atop it. CCC Project No.: 07-0091-F1; Type of Application: U.S.A.C.E.
permit application #24436 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).
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-200700251
Larry L. Laine
Chief Clerk/Deputy Land Commissioner, General Land Office
Coastal Coordination Council
Filed: January 30, 2007
Notice of Rate Ceilings
The Consumer Credit Commissioner of Texas has ascertained the following
rate ceilings by use of the formulas and methods described in §§303.003,
303.005, and 303.009, Texas Finance Code.
The weekly ceiling as prescribed by §303.003 and §303.009 for
the period of 02/05/07 - 02/11/07 is 18% for Consumer
1
/Agricultural/Commercial
2
credit through
$250,000.
The weekly ceiling as prescribed by §303.003 and §303.009 for
the period of 02/05/07 - 02/11/07 is 18% for Commercial over $250,000.
The monthly ceiling as prescribed by §303.005
3
for the period of 02/01/07 - 02/28/07 is 18% for Consumer/Agricultural/Commercial
credit through $250,000.
The monthly ceiling as prescribed by §303.005 for the period of 02/01/07
- 02/28/07 is 18% for Commercial over $250,000.
1
Credit for personal, family or household
use.
2
Credit for business, commercial, investment,
or other similar purpose.
3
For variable rate commercial transactions
only.
TRD-200700248
Leslie L. Pettijohn
Commissioner
Office of Consumer Credit Commissioner
Filed: January 30, 2007
Public Notice Announcing the Availability of the Proposed Texas Individuals with Disabilities Education Act (IDEA) Eligibility Document: State Policies and Procedures
Purpose and Scope of the Part B Federal Fiscal Year (FFY) 2007 State Application
and its Relation to Part B of the Individuals with Disabilities Education
Improvement Act (IDEA). As a result of the 2004 amendments to the IDEA, all
states must ensure that the state has on file with the Secretary of the U.S.
Department of Education assurances that the state meets or will meet all of
the eligibility requirements of Part B of the IDEA as amended in 2004 by Public
Law 108-446. A state may do this by one of the following methods: (1) providing
assurances in the Part B FFY 2007 State Application that it has in effect
policies and procedures to meet the requirements of Part B of the IDEA as
amended in 2004 by Public Law 108-446; (2) providing assurances in the State
Application that the state will operate consistent with all the requirements
of Public Law 108-446 and applicable regulations and make such changes to
existing policies and procedures as are necessary to bring those policies
and procedures into compliance with the requirements of IDEA, as amended,
as soon as possible and not later than October 31, 2007; or (3) submitting
modifications to state policies and procedures previously submitted to the
U.S. Department of Education.
Based on the extensive changes to the IDEA, the State of Texas (Texas Education
Agency) has chosen to submit a State Application providing assurances the
state will operate consistent with all the requirements of Public Law 108-446
and applicable regulations and make such changes to existing policies and
procedures as are necessary to bring those policies and procedures into compliance
with the requirements of IDEA, as amended, as soon as possible and not later
than October 31, 2007.
Availability of the State Application. The Proposed State Application is
available on the Texas Education Agency (TEA) Special Education web page at
http://www.tea.state.tx.us/special.ed/eligdoc/index.html. The Proposed State
Application document may be reviewed and/or downloaded from this web page
address. In addition, instructions for submitting public comments are also
available from the same site. The Proposed State Application document will
also be available at the 20 regional education service centers (ESCs) and
at the TEA Library (Ground Floor), 1701 North Congress Avenue, Austin, Texas
78701. Parties interested in reviewing the Proposed State Application should
contact the TEA Division of IDEA Coordination at (512) 463-9414.
Procedures for Submitting Written Comments About the Proposed State Application.
The TEA will accept written comments pertaining to the Proposed State Application
by mail to the Texas Education Agency, Division of IDEA Coordination, 1701
North Congress Avenue, Austin, Texas 78701-1494 or by e-mail to sped@tea.state.tx.us.
Timetable for Submitting the Annual State Application Under Part B of the
Individuals with Disabilities Education Act as Amended in 2004 for FFY 2007
to the Secretary of Education for Approval. After review and consideration
of all public comments, the TEA will make necessary/appropriate modifications
and will submit the State Application on or before May 4, 2007.
Further Information. For more information, contact the TEA Division of
IDEA Coordination by mail at 1701 North Congress Avenue, Room 6-127, Austin,
Texas 78701; by telephone at (512) 463-9414; by fax at (512) 463- 9560; or
by e-mail at sped@tea.state.tx.us.
TRD-200700267
Cristina De La Fuente-Valadez
Director, Policy Coordination
Texas Education Agency
Filed: January 31, 2007
Official Notice for Election of Places 3 and 6 on Board of Directors
Persons interested in filing for positions on the Board of Directors of
Region 16 Education Service Center, an organization that provides educational
services to 63 school districts and one charter school in the north 26 counties
of the Texas Panhandle, may do so at the office of the Executive Director
(5800 Bell Street, Amarillo, Texas) during regular office hours (8 a.m. to
5 p.m.) Monday through Thursday, (8 a.m. to 4 p.m.) Friday, beginning Wednesday,
February 1, 2007. Deadline for filing is Monday, February 20, 2007, at 5 p.m.
Interested persons may file in person or, upon request, may receive a filing
form by mail with the return by certified mail postmarked no later than 5
p.m., February 20, 2007. Phone: (806) 677-5015; Mailing address: 5800 Bell
Street, Amarillo, TX 79109-6230.
The Board of Directors shall be elected by place. The following places
(by counties) that are up for election are described as follows:
Place 3: Counties of Dallam, Hartley, Moore, Oldham, Potter (except Amarillo
Independent School District), and Sherman
Place 6: That part of Potter and Randall counties included in the boundaries
of Amarillo Independent School District
To hold the office of an Education Service Center Board of Director, one
must:
• Be a United States of America citizen;
• Be at least 18 years of age;
• Be a resident of the region served and of the geographic area included
in the place designated outlined above;
To hold the office of Board member, one may not:
• Be engaged professionally in education;
• Be a member of a board of any educational agency or institution.
Should there be an uncontested election; the Region 16 ESC Board has determined
that no election will be held.
TRD-200700208
John Bass
Executive Director
Education Service Center, Region 16
Filed: January 25, 2007
Agreed Orders
The Texas Commission on Environmental Quality (TCEQ or commission) staff
is providing an opportunity for written public comment on the listed Agreed
Orders (AOs) in accordance with Texas Water Code (the Code), §7.075.
Section 7.075 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
March 12, 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 March 12, 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: Acton Municipal Utility District; DOCKET NUMBER: 2006-1650-MWD-E;
IDENTIFIER: Regulated Entity Reference Numbers (RN) RN102898459; LOCATION:
Hood County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED:
30 Texas Administrative Code (TAC) §327.5(a)(3) and the Code, §26.121(a),
by failing to immediately contain a spill or discharge and begin reasonable
response actions; and 30 TAC §305.125(1), Texas Pollutant Discharge Elimination
System (TPDES) Permit Number 14211001, Effluent Limitations and Monitoring
Requirements Number 2, and the Code, §26.121(a), by failing to comply
with a total chlorine maximum permitted effluent limit of four milligrams
per liter (mg/L); PENALTY: $5,775; Supplemental Environmental Project (SEP)
offset amount of $4,620 applied to Texas Association of Resource Conservation
and Development Areas, Inc. ("RC&D") - Wastewater Treatment Assistance;
ENFORCEMENT COORDINATOR: Merrilee Hupp, (512) 239-4490; REGIONAL OFFICE: 2301
Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(2) COMPANY: Angel Brothers Enterprises, Ltd. dba Angels Gas & Grocery;
DOCKET NUMBER: 2006-1826-PST-E; IDENTIFIER: RN102443355; LOCATION: Mont Belvieu,
Chambers County, Texas; TYPE OF FACILITY: convenience store with retail sales
of gasoline; RULE VIOLATED: 30 TAC §334.10(b), by failing to maintain
underground storage tank (UST) records and make them immediately available
for inspection; 30 TAC §115.242(3), (3)(B), and (3)(J) and Texas Health &
Safety Code (THSC), §382.085(b), by failing to maintain the Stage II
vapor recovery system (VRS); 30 TAC §334.6(b)(2), by failing to file
construction notification; 30 TAC §334.48(a) and (c), by failing to ensure
that the UST systems are operated, maintained, and managed in a manner that
will prevent releases of regulated substances and by failing to conduct effective
manual or automatic inventory control procedures for the UST system; 30 TAC §334.50(d)(4)(A)(i)
and (d)(4)(A)(ii)(II), and the Code, §26.3475(c)(1), by failing to provide
proper release detection and by failing to perform an automatic test for substance
loss; PENALTY: $9,450; ENFORCEMENT COORDINATOR: Thomas Greimel, (512) 239-5690;
REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713)
767-3500.
(3) COMPANY: Baha Capital Enterprises, Inc. dba Dry Clean Super Center;
DOCKET NUMBER: 2006-1611-DCL-E; IDENTIFIER: RN104094552; LOCATION: Plano,
Collin County, Texas; TYPE OF FACILITY: dry cleaning; RULE VIOLATED: 30 TAC §337.11(e)
and THSC, §374.102, by failing to renew the registration by completing
and submitting the required registration form; and 30 TAC §337.14(c)
and the Code, §5.702, by failing to pay outstanding dry cleaner fees;
PENALTY: $1,185; ENFORCEMENT COORDINATOR: Cari-Michel LaCaille, (512) 239-1387;
REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(4) COMPANY: Betty J. Starling dba Betty's Cleaners; DOCKET NUMBER: 2006-1674-DCL-E;
IDENTIFIER: RN104028576; LOCATION: Waco, McLennan County, Texas; TYPE OF FACILITY:
dry cleaning drop station; RULE VIOLATED: 30 TAC §337.11(e) and THSC, §374.102,
by failing to renew the registration by completing and submitting the required
registration form; PENALTY: $1,067; ENFORCEMENT COORDINATOR: Cheryl Thompson,
(817) 588-5800; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas
76710-7826, (254) 751-0335.
(5) COMPANY: Chedid, Inc. dba Conoco Mart 1; DOCKET NUMBER: 2006-0987-PST-E;
IDENTIFIER: RN102059086; LOCATION: Fort Worth, Tarrant County, Texas; TYPE
OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED:
30 TAC §115.246(7)(A) and THSC, §382.085(b), by failing to maintain
records on site at the station; 30 TAC §115.242(3) and THSC, §382.085(b),
by failing to maintain the Stage II VRS; and 30 TAC §334.22(a) and the
Code, §5.702, by failing to pay outstanding UST fees and associated late
fees; PENALTY: $2,100; ENFORCEMENT COORDINATOR: Shontay Wilcher, (512) 239-2136;
REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(6) COMPANY: Sun Ha dba College Station Cleaners and dba Discount Cleaners;
DOCKET NUMBER: 2006-1474-DCL-E; IDENTIFIER: RN100655356, RN105014724, RN105014682,
and RN104152566; LOCATION: College Station, Brazos County, Hearne, Robertson
County, Navasota, Grimes County, Bryan, Brazos County, Texas; TYPE OF FACILITY:
dry cleaning drop stations; RULE VIOLATED: 30 TAC §337.10(a) and THSC, §374.102,
by failing to complete and submit the required registration forms; PENALTY:
$4,740; ENFORCEMENT COORDINATOR: Thomas Greimel, (817) 588-5690; REGIONAL
OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.
(7) COMPANY: ConocoPhillips Company; DOCKET NUMBER: 2006-1550-AIR-E; IDENTIFIER:
RN101619179; LOCATION: Old Ocean, Brazoria County, Texas; TYPE OF FACILITY:
refinery; RULE VIOLATED: 30 TAC §116.115(b)(2)(F) and (c) and §115.112(a)(2),
New Source Review (NSR) Permit Numbers 21265 and 5920A, Special Conditions
1 and 8, and THSC, §382.085(b), by failing to prevent unauthorized emissions;
and 30 TAC §101.201(a)(1)(B) and THSC, §382.085(b), by failing to
submit an emissions event report; PENALTY: $46,416; Supplemental Environmental
Project (SEP) offset amount of $23,208 applied to Texas Association of Resource
Conservation and Development Areas, Inc. ("RC&D") - Unauthorized Trash
Dump Clean-Up; ENFORCEMENT COORDINATOR: Jessica Rhodes, (512) 239-2879; REGIONAL
OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(8) COMPANY: Dale Water Supply Corporation; DOCKET NUMBER: 2006-1508-PWS-E;
IDENTIFIER: RN100824960; LOCATION: Dale, Caldwell County, Texas; TYPE OF FACILITY:
public water supply; RULE VIOLATED: 30 TAC §290.109(c)(2)(A)(ii), (c)(2)(F),
(c)(3)(A)(ii), and (f)(3), §290.122(b)(2)(A) and (c)(2)(A), and THSC, §341.033(d),
by failing to conduct routine bacteriological monitoring, by failing to provide
public notice for monitoring violations, by failing to collect at least four
repeat samples following a total coliform-positive sample, and by failing
to collect at least five routine samples the month following a total coliform-positive
result, by failing to provide public notice for the failure to collect and
submit the appropriate number of routine samples, and exceeding the maximum
contaminant level for total coliform; PENALTY: $2,433; ENFORCEMENT COORDINATOR:
Anita Keese, (956) 425-6010; REGIONAL OFFICE: 1921 Cedar Bend Drive, Suite
150, Austin, Texas 78758-5336, (512) 339-2929.
(9) COMPANY: Jimmy N. Tu dba Del Monte Washateria and Cleaners; DOCKET
NUMBER: 2006-1585-DCL-E; IDENTIFIER: RN104987524; LOCATION: Houston, Harris
County, Texas; TYPE OF FACILITY: dry cleaning drop station; RULE VIOLATED:
30 TAC §337.10(a) and THSC, §374.102, by failing to complete and
submit the required registration form; PENALTY: $1,185; ENFORCEMENT COORDINATOR:
Cari-Michel LaCaille, (512) 239-1387; REGIONAL OFFICE: 5425 Polk Avenue, Suite
H, Houston, Texas 77023-1486, (713) 767-3500.
(10) COMPANY: Deluxe Enterprises, Inc. dba Zip Cleaners; DOCKET NUMBER:
2006-1465-DCL-E; IDENTIFIER: RN105010524, RN105020051, and RN105020192; LOCATION:
Killeen, Bell County, Lampasas, Lampasas County, Copperas Cove, Coryell County,
Texas; TYPE OF FACILITY: dry cleaning drop stations; RULE VIOLATED: 30 TAC §337.10(a)
and THSC, §374.102, by failing to complete and submit the required registration
form for the facilities; PENALTY: $3,555; ENFORCEMENT COORDINATOR: Shontay
Wilcher, (512) 239-2136; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500,
Waco, Texas 76710-7826, (254) 751-0335.
(11) COMPANY: City of Eagle Pass Water Works System; DOCKET NUMBER: 2006-1712-PWS-E;
IDENTIFIER: RN101387710 and RN101182285; LOCATION: Eagle Pass, Maverick County,
Texas; TYPE OF FACILITY: public water supply with water supply facilities;
RULE VIOLATED: 30 TAC §290.46(d)(2), (f)(3)(B)(iv) and (f)(4), (m), (m)(1),
and (s)(2)(B), and §290.110(b)(4), by failing to maintain a minimum of
0.2 mg/L of free chlorine or 0.5 mg/L total chlorine residual, by failing
to maintain turbidity data, by failing to submit a copy of the schematic of
the hydraulic flow in the distribution system, by failing to maintain the
good working condition and general appearance of the system's facilities and
equipment, by failing to conduct annual storage tank inspections, and by failing
to conduct secondary calibration and verification on the turbidimeters; 30
TAC §290.45(b)(2)(B) and THSC, §341.0315(c), by failing to provide
a treatment plant capacity of 0.6 gallons per minute (gpm) per connection;
30 TAC §290.43(c)(4), by failing to provide a proper liquid level indicator
that is calibrated in feet of water; 30 TAC §290.42(d)(5), by failing
to provide a flow measuring device; and 30 TAC §290.110(c)(5)(C), by
failing to monitor the disinfectant residual; PENALTY: $6,272; ENFORCEMENT
COORDINATOR: Rebecca Clausewitz, (210) 490-3096; REGIONAL OFFICE: 14250 Judson
Road, San Antonio, Texas 78233-4480, (210) 490-3096.
(12) COMPANY: Eddie & Manal, LLC dba Café Natalie; DOCKET NUMBER:
2006-1509-PWS-E; IDENTIFIER: RN101198067; LOCATION: Fort Bend County, Texas;
TYPE OF FACILITY: restaurant with public water supply; RULE VIOLATED: 30 TAC §290.109(c)(2)(A)(i),
(c)(2)(F), and (c)(3)(A)(ii), and §290.122(c)(2)(B) and THSC, §341.033(d),
by failing to perform routine bacteriological sampling, by failing to provide
public notice of the failure to perform routine bacteriological monitoring,
by failing to collect at least five routine samples the month following a
total coliform-positive result, by failing to provide public notice of the
failure to collect an appropriate number of routine samples, by failing to
collect four repeat samples following a total coliform-positive sample, and
by failing to provide public notice of the failure to collect repeat samples;
PENALTY: $1,488; ENFORCEMENT COORDINATOR: Yuliya Dunaway, (210) 490-3096;
REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713)
767-3500.
(13) COMPANY: Bok Hee Kim dba Elite Professional Cleaners; DOCKET NUMBER:
2006-1555-DCL-E; IDENTIFIER: RN102201365; LOCATION: Houston, Harris County,
Texas; TYPE OF FACILITY: dry cleaning drop station; RULE VIOLATED: 30 TAC §337.10(a)
and THSC, §374.102, by failing to complete and submit the required registration
form; PENALTY: $770; ENFORCEMENT COORDINATOR: Craig Fleming, (512) 239-5806;
REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713)
767-3500.
(14) COMPANY: Equistar Chemicals, LP; DOCKET NUMBER: 2006-1713-AIR-E; IDENTIFIER:
RN100210574; LOCATION: Alvin, Brazoria County, Texas; TYPE OF FACILITY: chemical
manufacturing plant; RULE VIOLATED: 30 TAC §116.115(c), NSR Permit Number
4634B, Special Condition 1, and THSC, §382.085(b), by failing to maintain
an emission rate below the allowable emission limits; PENALTY: $14,450; ENFORCEMENT
COORDINATOR: Jason Kemp, (512) 239-5610; REGIONAL OFFICE: 5425 Polk Avenue,
Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(15) COMPANY: ExxonMobil Oil Corporation; DOCKET NUMBER: 2006-1704-AIR-E;
IDENTIFIER: RN102450756; LOCATION: Beaumont, Jefferson County, Texas; TYPE
OF FACILITY: oil refinery; RULE VIOLATED: 30 TAC §116.115(b)(2)(F) and
(c), Air Permit Numbers 47358 and 49125, Special Condition 1, and THSC, §382.085(b),
by failing to limit the emissions to the permitted authorizations; PENALTY:
$23,175; Supplemental Environmental Project (SEP) offset amount of $9,270
applied to Jefferson County: Retrofit/Replacement of Heavy Equipment and Vehicles
with Alternative Fueled Equipment and Vehicles; ENFORCEMENT COORDINATOR: John
Barry, (409) 898-3838; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas
77703-1892, (409) 898-3838.
(16) COMPANY: ExxonMobil Oil Corporation; DOCKET NUMBER: 2006-1743-AIR-E;
IDENTIFIER: RN100542844; LOCATION: Beaumont, Jefferson County, Texas; TYPE
OF FACILITY: petrochemical plant; RULE VIOLATED: 30 TAC §116.115(b)(2)(F)
and (c), Air Permit Number 7799, Special Condition 1, and THSC, §382.085(b),
by failing to comply with the emissions limits; PENALTY: $5,975; Supplemental
Environmental Project (SEP) offset amount of $2,390 applied to Jefferson County:
Retrofit/Replacement of Heavy Equipment and Vehicles with Alternative Fueled
Equipment and Vehicles; ENFORCEMENT COORDINATOR: John Barry, (409) 898-3838;
REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.
(17) COMPANY: EZ Pickens Auto Ranch, Inc.; DOCKET NUMBER: 2006-1596-WQ-E;
IDENTIFIER: RN103102653; LOCATION: Elm Mott, McLennan County, Texas; TYPE
OF FACILITY: auto salvage; RULE VIOLATED: 30 TAC §281.25(a)(4), TPDES
Permit Number TXR05O358, Part III.A.5.g, Part III.A.5.h, Part III.A.7.b.,
and Part III.D.1.b., and 40 Code of Federal Regulations (CFR) §122.26(c),
by failing to conduct periodic inspections, by failing to perform quarterly
visual monitoring of the storm water discharge, by failing to conduct an annual
comprehensive site compliance evaluation, and by failing to obtain a monitoring
exclusion or conduct annual hazardous metals monitoring; and 30 TAC §205.6
and the Code, §5.702, by failing to pay outstanding general stormwater
fees; PENALTY: $8,925; ENFORCEMENT COORDINATOR: Brent Hurta, (512) 239-6589;
REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254)
751-0335.
(18) COMPANY: Gessner Investments, LLC dba Chevron 108064; DOCKET NUMBER:
2006-1697-PST-E; IDENTIFIER: RN101625143; LOCATION: Houston, Harris County,
Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline;
RULE VIOLATED: 30 TAC §334.48(c), by failing to conduct effective manual
or automatic inventory control procedures; and 30 TAC §334.50(b)(1)(A),
(b)(2), (b)(2)(A)(i)(III), and (d)(4)(A)(ii)(II) and the Code, §26.3475(a)
and (c)(1), by failing to monitor USTs for releases, by failing to provide
release detection, by failing to test the line leak detector, and by failing
to perform an automatic test for substance loss; PENALTY: $16,000; ENFORCEMENT
COORDINATOR: Thomas Greimel, (512) 239-5690; REGIONAL OFFICE: 5425 Polk Avenue,
Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(19) COMPANY: Khanh C. Nguyen and K. Nguyen and Sons Ltd. dba H P Cleaners;
DOCKET NUMBER: 2006-1706-DCL-E; IDENTIFIER: RN101314714; LOCATION: Plano,
Collin County, Texas; TYPE OF FACILITY: dry cleaning drop station; RULE VIOLATED:
30 TAC §337.11(e) and THSC, §374.102, by failing to renew the registration
by completing and submitting the required registration form; PENALTY: $1,185;
ENFORCEMENT COORDINATOR: Craig Fleming, (512) 239-5806; REGIONAL OFFICE: 2301
Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(20) COMPANY: INEOS USA LLC; DOCKET NUMBER: 2006-1893-AIR-E; IDENTIFIER:
RN100238708; LOCATION: Alvin, Brazoria County, Texas; TYPE OF FACILITY: chemical
manufacturing plant; RULE VIOLATED: 30 TAC §116.715(a), Flexible Permit
Number 95, Special Condition 1, and THSC, §382.085(b), by failing to
prevent unauthorized emissions; PENALTY: $4,450; ENFORCEMENT COORDINATOR:
Trina Grieco, (210) 490-3096; REGIONAL OFFICE: 5425 Polk Avenue, Suite H,
Houston, Texas 77023-1486, (713) 767-3500.
(21) COMPANY: Katy Independent School District; DOCKET NUMBER: 2007-0052-PST-E;
IDENTIFIER: RN101879344; LOCATION: Houston, Harris County, Texas; TYPE OF
FACILITY: school district; RULE VIOLATED: 30 TAC §334.8(c)(5)(A)(i),
by failing to possess a valid TCEQ delivery certificate prior to receiving
fuel; PENALTY: $875; ENFORCEMENT COORDINATOR: Melissa Keller, (512) 239-1768;
REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713)
767-3500.
(22) COMPANY: City of Lancaster; DOCKET NUMBER: 2006-1731-PWS-E; IDENTIFIER:
RN101387306; LOCATION: Lancaster, Dallas County, Texas; TYPE OF FACILITY:
public water supply; RULE VIOLATED: 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 at each pressure plane; PENALTY:
$525; ENFORCEMENT COORDINATOR: Amy Martin, (512) 239-2540; REGIONAL OFFICE:
2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(23) COMPANY: Laredo Regional Medical Center L.P.; DOCKET NUMBER: 2006-1254-PST-E;
IDENTIFIER: RN101867703; LOCATION: Laredo, Webb County, Texas; TYPE OF FACILITY:
Hospital; RULE VIOLATED: 30 TAC §334.50(b)(1)(A), by failing to provide
release detection; and 30 TAC §334.8(c)(5)(A)(i), by failing to possess
a valid TCEQ delivery certificate prior to receiving fuel; PENALTY: $2,625;
ENFORCEMENT COORDINATOR: Melissa Keller, (512) 239-1768; REGIONAL OFFICE:
1804 West Jefferson Avenue, Harlingen, Texas 78550-5247, (956) 425-6010.
(24) COMPANY: Larry Hodge dba Larry's Discount Smokes; DOCKET NUMBER: 2006-2182-PST-E;
IDENTIFIER: RN101773547; LOCATION: Midland, Midland County, Texas; TYPE OF
FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED:
30 TAC §334.50(b)(1)(A), by failing to provide release detection; and
30 TAC §334.49(a)(1), by failing to provide corrosion protection; PENALTY:
$3,500; ENFORCEMENT COORDINATOR: Melissa Keller, (512) 239-1768; REGIONAL
OFFICE: 3300 North A Street, Building 4, Suite 107, Midland, Texas 797055404,
(915) 570-1359.
(25) COMPANY: Umesh Pradhan dba Lils General Food Store; DOCKET NUMBER:
2006-1918-PST-E; IDENTIFIER: RN101552966; LOCATION: Fort Worth, Tarrant County,
Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline;
RULE VIOLATED: 30 TAC §115.242(3) and THSC, §382.085(b), by failing
to maintain the Stage II VRS in proper operating condition; PENALTY: $800;
ENFORCEMENT COORDINATOR: Philip DeFrancesco, (817) 588-5800; REGIONAL OFFICE:
2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(26) COMPANY: Soo Jin Chung dba Livingstone Cleaners; DOCKET NUMBER: 2006-1615-DCL-E;
IDENTIFIER: RN104282835; LOCATION: McKinney, Collin County, Texas; TYPE OF
FACILITY: dry cleaner drop station; RULE VIOLATED: 30 TAC §337.11(e)
and THSC, §374.102, by failing to renew the registration by completing
and submitting the required registration form; PENALTY: $1,185; ENFORCEMENT
COORDINATOR: Suzanne Walrath, (512) 239-2134; REGIONAL OFFICE: 2301 Gravel
Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(27) COMPANY: Lower Colorado River Authority; DOCKET NUMBER: 2006-1808-MWD-E;
IDENTIFIER: RN101992691; LOCATION: Elgin, Bastrop County, Texas; TYPE OF FACILITY:
domestic wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), TPDES
Permit Number WQ0010100001 Permit Conditions 2.g., and the Code, §26.121(a),
by failing to prevent the unauthorized discharge of raw sewage; PENALTY: $5,850;
ENFORCEMENT COORDINATOR: Pamela Campbell, (512) 239-4493; REGIONAL OFFICE:
1921 Cedar Bend Drive, Suite 150, Austin, Texas 78758-5336, (512) 339-2929.
(28) COMPANY: Tom E. Miller, Sr.; DOCKET NUMBER: 2006-2185-PST-E; IDENTIFIER:
RN101734432; LOCATION: Odessa, Ector County, Texas; TYPE OF FACILITY: convenience
store with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.50(b)(1)(A),
by failing to provide release detection; PENALTY: $1,750; ENFORCEMENT COORDINATOR:
Melissa Keller, (512) 239-1768; REGIONAL OFFICE: 3300 North A Street, Building
4, Suite 107, Midland, Texas 797055404, (915) 570-1539.
(29) COMPANY: Mizmez, Inc. dba Coppell Cleaners; DOCKET NUMBER: 2006-1462-DCL-E;
IDENTIFIER: RN104998802; LOCATION: Coppell, Denton County, Texas; TYPE OF
FACILITY: dry cleaning drop station; RULE VIOLATED: 30 TAC §337.10(a)
and THSC, §374.102, by failing to complete and submit the required registration
form; PENALTY: $1,185; ENFORCEMENT COORDINATOR: Cheryl Thompson, (817) 588-5800;
REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(30) COMPANY: Multiple Concepts, Inc. dba Step N Go Food Store; DOCKET
NUMBER: 2006-1782-PST-E; IDENTIFIER: RN102450210; LOCATION: Houston, Harris
County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline;
RULE VIOLATED: 30 TAC §334.50(b)(2)(A)(ii) and (d)(1)(B)(ii) and the
Code, §26.3475(a) and (c)(1), by failing to have each pressurized line
tested or monitored for releases and by failing to conduct reconciliation
of detailed inventory control records at least once per month; PENALTY: $2,250;
ENFORCEMENT COORDINATOR: Judy Kluge, (817) 588-5800; REGIONAL OFFICE: 5425
Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(31) COMPANY: Price Construction Ltd.; DOCKET NUMBER: 2006-2224-WQ-E; IDENTIFIER:
RN102743747; LOCATION: Big Spring, Howard County, Texas; TYPE OF FACILITY:
construction; RULE VIOLATED: 30 TAC §281.25(a)(4), by failing to obtain
a multi-sector general permit; PENALTY: $875; ENFORCEMENT COORDINATOR: Melissa
Keller, (512) 239-1768; REGIONAL OFFICE: 3300 North A Street, Building 4,
Suite 107, Midland, Texas 797055404, (915) 570-1359.
(32) COMPANY: Barkat Aly dba Reveille Cleaners; DOCKET NUMBER: 2006-1693-DCL-E;
IDENTIFIER: RN100652700; LOCATION: Houston, Harris County, Texas; TYPE OF
FACILITY: dry cleaners; RULE VIOLATED: 30 TAC §337.11(e) and THSC, §374.102,
by failing to renew the registration by completing and submitting the required
registration form; PENALTY: $1,067; ENFORCEMENT COORDINATOR: Suzanne Walrath,
(512) 239-2134; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas
77023-1486, (713) 767-3500.
(33) COMPANY: Gloria Saldana dba Rex Cleaners; DOCKET NUMBER: 2006-1317-DCL-E;
IDENTIFIER: RN104094149; LOCATION: Brownsville, Cameron County, Texas; TYPE
OF FACILITY: dry cleaner drop station; RULE VIOLATED: 30 TAC §337.10(a)
and THSC, §374.102, by failing to complete and submit the required registration
form; PENALTY: $1,185; ENFORCEMENT COORDINATOR: Colin Barth, (512) 239-0086;
REGIONAL OFFICE: 1804 West Jefferson Avenue, Harlingen, Texas 78550-5247,
(956) 425-6010.
(34) COMPANY: Hugh Howard dba Rio Grande Distributors Inc; DOCKET NUMBER:
2006-1847-PST-E; IDENTIFIER: RN102484326; LOCATION: Marfa, Presidio County,
Texas; TYPE OF FACILITY: wholesale fuel supply; RULE VIOLATED: 30 TAC §337.75,
by failing to contain and immediately clean up a spill or overfill, report
the spill or overfill to the agency, and begin corrective action; PENALTY:
$1,050; ENFORCEMENT COORDINATOR: Shontay Wilcher, (512) 239-2136; REGIONAL
OFFICE: 401 East Franklin Avenue, Suite 560, El Paso, Texas 79901-1206, (915)
834-3434.
(35) COMPANY: Mike Oda dba Riverbend RV Park and Resort; DOCKET NUMBER:
2005-1495-PWS-E; IDENTIFIER: RN101250926; LOCATION: Fort Bend County, Texas;
TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.109(c)(2)(A)(i)
and THSC, §341.033(d), by failing to collect and submit routine monthly
bacteriological samples; and 30 TAC §290.122(c)(2)(B), by failing to
post a public notice indicating the failure to collect and submit the monthly
required samples; PENALTY: $788; ENFORCEMENT COORDINATOR: Libby Hogue, (512)
239-1165; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486,
(713) 767-3500.
(36) COMPANY: Sabine Valley Pipeline, Inc.; DOCKET NUMBER: 2006-1970-AIR-E;
IDENTIFIER: RN102608775; LOCATION: Easton, Gregg County, Texas; TYPE OF FACILITY:
pipeline compressor station; RULE VIOLATED: 30 TAC §122.145(2)(B), Federal
Operating Permit Number 2801, and THSC, §382.085(b), by failing to submit
a deviation report; and 30 TAC §106.6(b) and THSC, §382.085(b),
by failing to operate engines at levels represented under the Permit By Rule
registration; PENALTY: $3,750; ENFORCEMENT COORDINATOR: John Barry, (409)
898-3838; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3756, (903)
535-5100.
(37) COMPANY: Salco Investments Inc.; DOCKET NUMBER: 2007-0058-PST-E; IDENTIFIER:
RN101655918; LOCATION: El Paso, El Paso County, Texas; TYPE OF FACILITY: convenience
store with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.8(c)(5)(A)(i),
by failing to possess a valid TCEQ delivery certificate prior to receiving
fuel; PENALTY: $875; ENFORCEMENT COORDINATOR: Melissa Keller, (512) 239-1768;
REGIONAL OFFICE: 401 East Franklin Avenue, Suite 560, El Paso, Texas 79901-1206,
(915) 834-4949.
(38) COMPANY: Sandy's Cleaners and Alterations, Inc. dba Carol's Tailoring
and Alterations; DOCKET NUMBER: 2006-1646-DCL-E; IDENTIFIER: RN104990080;
LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: dry cleaning drop
station; RULE VIOLATED: 30 TAC §337.10(a) and THSC, §374.102, by
failing to complete and submit the required registration form; PENALTY: $1,067;
ENFORCEMENT COORDINATOR: Libby Hogue, (512) 239-1165; REGIONAL OFFICE: 5425
Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(39) COMPANY: Sharp Investment, Inc. dba Little Buddy 2; DOCKET NUMBER:
2006-1566-PST-E; IDENTIFIER: RN101822310; LOCATION: Houston, Harris County,
Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline;
RULE VIOLATED: 30 TAC §115.242(3) and (3)(A) and THSC, §382.085(b),
by failing to maintain the Stage II VRS; and 30 TAC §334.50(b)(1)(A)
and the Code, §26.3475(c)(1), by failing to monitor USTs for releases;
PENALTY: $6,000; ENFORCEMENT COORDINATOR: Rajesh Acharya, (512) 239-0577;
REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713)
767-3500.
(40) COMPANY: Rahim Ali dba Sierra Cleaners; DOCKET NUMBER: 2006-1287-DCL-E;
IDENTIFIER: RN104309729; LOCATION: Houston, Harris County, Texas; TYPE OF
FACILITY: dry cleaner drop station; RULE VIOLATED: 30 TAC §337.11(e)
and THSC, §374.102, by failing to renew the facility's registration by
completing and submitting the required registration form; PENALTY: $889; ENFORCEMENT
COORDINATOR: Trina Grieco, (210) 490-3096; REGIONAL OFFICE: 5425 Polk Avenue,
Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(41) COMPANY: Ok Hui Choi Kim dba Stars Cleaners; DOCKET NUMBER: 2006-1534-DCL-E;
IDENTIFIER: RN103953204; LOCATION: Houston, Brazoria County, Texas; TYPE OF
FACILITY: dry cleaner; RULE VIOLATED: 30 TAC §337.10(a) and THSC, §374.102,
by failing to complete and submit the required registration form; and 30 TAC §337.14(c)
and the Code, §5.702, by failing to pay outstanding dry cleaner fees;
PENALTY: $1,185; ENFORCEMENT COORDINATOR: Colin Barth, (512) 239-0086; REGIONAL
OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(42) COMPANY: Super Heimer View, Inc. dba Exclusive Cleaners; DOCKET NUMBER:
2006-1582-DCL-E; IDENTIFIER: RN104130927; LOCATION: Bellaire, Harris County,
Texas; TYPE OF FACILITY: dry cleaning drop station; RULE VIOLATED: 30 TAC §337.10(a)
and THSC, §374.102, by failing to complete and submit the required registration
form; PENALTY: $1,185; ENFORCEMENT COORDINATOR: Cari-Michel LaCaille, (512)
239-1387; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486,
(713) 767-3500.
(43) COMPANY: Timms Trucking and Excavating, Ltd.; DOCKET NUMBER: 2006-1795-WQ-E;
IDENTIFIER: RN105023782; LOCATION: Von Ormy, Bexar County, Texas; TYPE OF
FACILITY: excavation company; RULE VIOLATED: 30 TAC §281.25(a)(4) and
40 CFR §122.26(c), by failing to obtain authorization to discharge storm
water associated with construction activities; PENALTY: $3,000; ENFORCEMENT
COORDINATOR: Cari-Michel LaCaille, (512) 239-1387; REGIONAL OFFICE: 14250
Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.
(44) COMPANY: Trinity Industries, Inc.; DOCKET NUMBER: 2006-1666-AIR-E;
IDENTIFIER: RN102418563; LOCATION: Saginaw, Tarrant County, Texas; TYPE OF
FACILITY: railcar fabricating and repairing plant; RULE VIOLATED: 30 TAC §122.145(2)
and THSC, §382.085(b), by failing to submit a deviation report; and 30
TAC §116.115(c), Air Permit Number 7318A, Special Condition Number 4,
and THSC, §382.085(b), by failing to comply with permitted limits; PENALTY:
$3,500; ENFORCEMENT COORDINATOR: Bryan Elliott, (512) 239-6162; REGIONAL OFFICE:
2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(45) COMPANY: United States Gypsum Company; DOCKET NUMBER: 2006-1773-AIR-E;
IDENTIFIER: RN100209618; LOCATION: Sweetwater, Nolan County, Texas; TYPE OF
FACILITY: gypsum product manufacturing; RULE VIOLATED: 30 TAC §122.143(4)
and Federal Operating Permit Number O-02572, Special Condition Number 6, by
failing to record the daily differential pressure readings and by failing
to monitor the opacity readings; and 30 TAC §122.145(2)(C) and THSC, §382.085(b),
by failing to submit a deviation report; PENALTY: $18,375; ENFORCEMENT COORDINATOR:
Colin Barth, (512) 239-0086; REGIONAL OFFICE: 1977 Industrial Boulevard, Abilene,
Texas 79602-7833, (915) 698-9674.
(46) COMPANY: US Customs and Border Protection; DOCKET NUMBER: 2006-2184-PST-E;
IDENTIFIER: RN102388204; LOCATION: El Paso, El Paso County, Texas; TYPE OF
FACILITY: fleet refueling facility; RULE VIOLATED: 30 TAC §334.8(c)(5)(A)(i),
by failing to possess a valid TCEQ delivery certificate prior to receiving
fuel; PENALTY: $875; ENFORCEMENT COORDINATOR: Melissa Keller, (512) 239-1768;
REGIONAL OFFICE: 401 East Franklin Avenue, Suite 560, El Paso, Texas 79901-1206,
(915) 834-4949.
(47) COMPANY: Valet Express Dry Cleaning Services Company Inc. dba Valet
Express; DOCKET NUMBER: 2006-1642-DCL-E; IDENTIFIER: RN103962569; LOCATION:
San Antonio, Bexar County, Texas; TYPE OF FACILITY: dry cleaner drop station;
RULE VIOLATED: 30 TAC §337.11(e) and THSC, §382.085(b), by failing
to renew the registration by completing and submitting the required registration
form; and 30 TAC §337.14(c) and the Code, §5.702, by failing to
pay dry cleaner registration fees; PENALTY: $1,185; ENFORCEMENT COORDINATOR:
Suzanne Walrath, (512) 239-2134; REGIONAL OFFICE: 14250 Judson Road, San Antonio,
Texas 78233-4480, (210) 490-3096.
(48) COMPANY: City of Waco; DOCKET NUMBER: 2004-0191-MSW-E; IDENTIFIER:
Municipal Solid Waste (MSW) Permit Number 948-A; LOCATION: Waco, McLennan
County, Texas; TYPE OF FACILITY: municipal solid waste landfill; RULE VIOLATED:
30 TAC §330.111 and §330.133(b) and (f) and MSW Permit 948-A, Attachment
15, Leachate and Contaminated Water Plan, Section 2, and Landfill Operating
Plan, Section C.5.5, by failing to apply intermediate cover; 30 TAC §§330.111,
330.139, 330.5(a)(1), and 330.55(b), MSW Permit 948-A, Attachment 15, Leachate
and Contaminated Water Plan, Section 2, and Part C, Landfill Operating Plan,
Section C.9.4, and the Code, §26.121(a)(1), by failing to prevent unauthorized
discharges of contaminated water and by failing to maintain run-off containment
systems; 30 TAC §330.8(b) and §330.111 and MSW Permit 948-A, Attachment
15, Leachate and Contaminated Water Plan, and Order Docket Number 2001-0907-MSW-E,
Ordering Provisions 3(f) and (g), by failing to modify the facility operations
to monitor the leachate monthly or after significant rain events and by failing
to follow the approved Leachate and Contaminated Water Plan for the proper
storage and/or handling of leachate; and 30 TAC §330.111 and MSW Permit
948-A, Attachment 15, Section 4, by failing to appropriately certify that
the operator shall modify the facility operations; PENALTY: $18,750; Supplemental
Environmental Project (SEP) offset amount of $18,750 applied to converting
low to moderate income residences from septic systems to sanitary sewer systems;
ENFORCEMENT COORDINATOR: Craig Fleming, (512) 239-5806; REGIONAL OFFICE: 6801
Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.
(49) COMPANY: Hoon Chin dba Welcome Cleaners; DOCKET NUMBER: 2006-1466-DCL-E;
IDENTIFIER: RN105011068; LOCATION: Killeen, Bell County, Texas; TYPE OF FACILITY:
dry cleaning drop station; RULE VIOLATED: 30 TAC §337.10(a) and THSC, §374.102,
by failing to complete and submit the required registration form; PENALTY:
$1,185; ENFORCEMENT COORDINATOR: Shontay Wilcher, (512) 239-2136; REGIONAL
OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.
(50) COMPANY: City of Winters; DOCKET NUMBER: 2005-1506-PWS-E; IDENTIFIER:
RN101387850; LOCATION: Winters, Runnels County, Texas; TYPE OF FACILITY: public
water supply; RULE VIOLATED: 30 TAC §290.46(d)(2)(B), (e)(6)(C), (f)(3)(B)(iii)
and (v), (m)(1)(A) and (C), (s)(1), (s)(2)(A) - (C), and (t), and §290.110(c)(1)(A)
and (c)(5)(C), by failing to maintain a chloramine residual of 0.5 mg/L, by
failing to have a class "C" or higher surface water operator on duty, by failing
to calibrate flow measuring devices and rate-of-flow controllers, by failing
to calibrate the laboratory equipment, by failing to conduct annual inspections,
and by failing to post a legible sign at each of its production, treatment,
and storage facilities; 30 TAC §290.42(f)(1)(E)(ii)(I) and (f)(2)(A),
by failing to provide containment facilities for a single container or for
multiple interconnected containers, by failing to monitor disinfectant residual,
pH, temperature, and flow rate of the water in each disinfection zone, and
by failing to provide a standby or reserve unit for each chemical feeder;
30 TAC §290.41(c)(1)(F), by failing to provide a sanitary control easement;
30 TAC §290.112(e), by failing to properly complete and submit periodic
reports; and 30 TAC §290.44(h)(1)(A) and (h)(4), by failing to provide
additional protection at the meter in the form of an air gap or backflow prevention
assembly; PENALTY: $9,016; Supplemental Environmental Project (SEP) offset
amount of $7,213 applied to demolition, removal, and proper disposal of asbestos
containing material from unsafe structures and converting the property to
a public park; ENFORCEMENT COORDINATOR: Craig Fleming, (512) 239-5806; REGIONAL
OFFICE: 1977 Industrial Boulevard, Abilene, Texas 79602-7833, (915) 698-9674.
TRD-200700247
Mary R. Risner
Director, Litigation Division
Texas Commission on Environmental Quality
Filed: January 30, 2007
The Texas Commission on Environmental Quality (TCEQ or commission) announces
the availability of the draft January 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 January 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 March 12, 2007. For further information
or questions, please contact Ms. Vignali at (512) 239-1303 or by e-mail at
TRD-200700246
Robert Martinez
Director, Environmental Law Division
Texas Commission on Environmental Quality
Filed: January 30, 2007
Revised Notice issued January 29, 2007
TCEQ Internal Control No. 09112006-D08; Cherokee Webster Investors, L.P.
and Cherokee Webster Development, L.P. (Petitioners) filed a petition for
creation of Harris County Municipal Utility District No. 481 (District) with
the Texas Commission on Environmental Quality (TCEQ). The petition was filed
pursuant to Article XVI, Section 59 of the Constitution of the State of Texas;
Chapters 49 and 54 of the Texas Water Code; 30 Texas Administrative Code Chapter
293; and the procedural rules of the TCEQ. The petition states the following:
(1) the Petitioners hold fee simple title to a majority in value of the land
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, and the Petitioners have provided the TCEQ with a certificate evidencing
its consent to the creation of the proposed District; (3) the proposed District
will contain approximately 331.733 acres located in Harris County, Texas;
and (4) the proposed District is within the corporate limits of the City of
Webster, Texas. By Resolution No. 06-11, effective June 6, 2006, the City
of Webster, Texas, gave its consent to the creation of the proposed District.
According to the petition, the Petitioners have conducted a preliminary investigation
to determine the cost of the project and from the information available at
the time, the cost of the project is estimated to be approximately $42,100,000.
INFORMATION SECTION
The TCEQ may grant a contested case hearing on this petition if a written
hearing request is filed within 30 days after the newspaper publication of
this notice. To request a contested case hearing, you must submit the following:
(1) your name (or for a group or association, an official representative),
mailing address, daytime phone number, and fax number, if any; (2) the name
of the Petitioner and the TCEQ Internal Control Number; (3) the statement
"I/we request a contested case hearing"; (4) a brief description of how you
would be affected by the petition in a way not common to the general public;
and (5) the location of your property relative to the proposed District's
boundaries. You may also submit your proposed adjustments to the petition.
Requests for a contested case hearing must be submitted in writing to the
Office of the Chief Clerk at the address provided in the information section
below. The Executive Director may approve 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 the Office of the Chief Clerk, MC 105, TCEQ, P.O. Box
13087, Austin, TX 78711-3087. For information concerning the hearing process,
please contact the Public Interest Counsel, MC 103, at the same address. For
additional information, individual members of the general public may contact
the Districts Review Team, at (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-200700270
LaDonna Castañuela
Chief Clerk
Texas Commission on Environmental Quality
Filed: January 31, 2007
The Texas Commission on Environmental Quality (TCEQ or commission) staff
is providing an opportunity for written public comment on the listed Default
Orders (DOs). The commission staff proposes a DO when the staff has sent an
executive director's preliminary report and petition (EDPRP) to an entity
outlining the alleged violations; the proposed penalty; and the proposed technical
requirements necessary to bring the entity back into compliance; and the entity
fails to request a hearing on the matter within 20 days of its receipt of
the EDPRP or requests a hearing and fails to participate at the hearing. Similar
to the procedure followed with respect to Agreed Orders entered into by the
executive director of the commission, in accordance with Texas Water Code
(TWC), §7.075 this notice of the proposed order and the opportunity to
comment is published in the
Texas Register
no
later than the 30th day before the date on which the public comment period
closes, which in this case is
March 12, 2007
.
The commission will consider any written comments received and the commission
may withdraw or withhold approval of a DO if a comment discloses facts or
considerations that indicate that consent to the proposed DO is inappropriate,
improper, inadequate, or inconsistent with the requirements of the statutes
and rules within the commission's jurisdiction, or the commission's orders
and permits issued in accordance with the commission's regulatory authority.
Additional notice of changes to a proposed DO is not required to be published
if those changes are made in response to written comments.
A copy of each proposed DO is available for public inspection at both the
commission's central office, located at 12100 Park 35 Circle, Building A,
3rd Floor, Austin, Texas 78753, (512) 239-3400 and at the applicable regional
office listed as follows. Written comments about the DO should be sent to
the attorney designated for the DO at the commission's central office at P.O.
Box 13087, MC 175, Austin, Texas 78711-3087 and must be
received by 5:00 p.m. on March 12, 2007
. Comments may also be sent
by facsimile machine to the attorney at (512) 239-3434. The commission's attorneys
are available to discuss the DOs and/or the comment procedure at the listed
phone numbers; however, §7.075 provides that comments on the DOs shall
be submitted to the commission in
writing
.
(1) COMPANY: Anusha, Inc. dba Citgo Food Mart; DOCKET NUMBER: 2005-1479-PST-E;
TCEQ ID NUMBER: RN102432838; LOCATION: 6000 Antoine Drive, Houston, Harris
County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline;
RULES VIOLATED: 30 TAC §37.815(a) and (b), by failing to provide acceptable
financial assurance for taking corrective action and for compensating third
parties for bodily injury and property damage caused by accidental releases
from the operation of petroleum underground storage tanks (USTs); PENALTY:
$1,940; STAFF ATTORNEY: Robert Mosley, Litigation Division, MC 175, (512)
239-0627; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Avenue, Suite
H, Houston, Texas 77023-1486, (713) 767-3500.
(2) COMPANY: Jesus Garcia; DOCKET NUMBER: 2006-0078-MSW-E; TCEQ ID NUMBER:
RN104688874; LOCATION: County Road 410, 3/4 mile west of County Road 206,
Falfurrias, Jim Wells County, Texas; TYPE OF FACILITY: unauthorized dump site;
RULES VIOLATED: 30 TAC §330.15(c), by failing to prevent the disposal
of municipal solid waste at an unauthorized site; PENALTY: $3,000; STAFF ATTORNEY:
Lena Roberts, Litigation Division, MC 175, (512) 239-0019; REGIONAL OFFICE:
Corpus Christi Regional Office, 6300 Ocean Drive, Suite 1200, Corpus Christi,
Texas 78412-5503, (361) 825-3100.
(3) COMPANY: Mack Pool dba A&P Water Company; DOCKET NUMBER: 2005-0962-MLM-E;
TCEQ ID NUMBER: RN102918794; LOCATION: 3397 United States Highway 259 South,
Henderson, Rusk County, Texas; TYPE OF FACILITY: equipment and facilities
for the transmission, storage, distribution, sale, or provision of potable
water to the public; RULES VIOLATED: 30 TAC §290.46(i), by failing to
adopt an adequate plumbing ordinance, regulations, or service agreement, with
provisions for proper enforcement, to prevent cross-connections and other
unacceptable plumbing practices; 30 TAC §290.46(j), by failing to complete
a customer service inspection certificate prior to providing continuous water
service to new construction; 30 TAC §290.46(e)(3)(A); Texas Health and
Safety Code (THSC), §341.033(a), by failing to ensure that the System,
which serves fewer than 250 connections and uses purchased treated water,
was at all times operated under the direct supervision of a water works operator
who held an applicable, valid Class D (or higher) license issued by the executive
director; 30 TAC §§290.46(f) and (n)(2), 290.109(c)(1), and 290.121,
by failing to maintain: a record of water works operation and maintenance
activities, an accurate and up-to-date map of the distribution system (so
that valves and mains can be easily located during emergencies), a system
monitoring plan, and an up-to-date chemical and microbiological monitoring
plan, and by failing to submit periodic operating reports which report: the
amount of chemicals used; the volume of water treated; the date, location,
and nature of water quality; pressure or outage complaints received and the
results of any subsequent complaint investigation; the dates that dead-end
mains were flushed; the dates that storage tanks and other facilities were
cleaned; the maintenance records for water system equipment and facilities;
and a daily record or a monthly summary of the work performed and the number
of hours worked by each of the part-time operators; 30 TAC §290.46(m)(1)(A),
by failing to ensure that each of the System's ground tanks were inspected
at least annually by water system personnel or a contracted inspection service
to determine whether: the vents were in place and properly screened; the roof
hatches closed and locked; flap valves and gasketing provided adequate protection
against insects, rodents, and other vermin; the interior and exterior coating
systems were continuing to provide adequate protection to all metal surfaces;
and the tank remained in a watertight condition; 30 TAC §290.43(d)(3),
and §290.46(m)(1)(B), by failing to ensure that each of the System's
pressure tanks were inspected at least annually by water system personnel
or a contracted inspection service to determine whether: the pressure release
device and pressure gauge were working properly, the air-water ratio was being
maintained at the proper level, the exterior coating systems were continuing
to provide adequate protection to all metal surfaces, and the tank remained
in watertight condition, and by failing to provide facilities for maintaining
the air-water-volume at the design water level and working pressure with air
injection lines equipped with filters or other devices to prevent compressor
lubricants and other contaminants from entering the pressure tank; 30 TAC §290.109(c)(2)(A)(iii),
and THSC, §341.033(d), by failing to, at least one time per month, collect
and submit routine bacteriological samples for bacteriological analysis, taken
from the public water supply; 30 TAC §288.20, by failing to have a drought
contingency plan for the System; and 30 TAC §290.109(c)(2)(A)(ii), and §290.122(c)(2)(A),
by failing to collect and submit routine bacteriological samples for the months
of July - November of 2005, and by failing to provide public notice of the
monitoring violations; PENALTY: $6,600; STAFF ATTORNEY: Lena Roberts, Litigation
Division, MC 175, (512) 239-0019; REGIONAL OFFICE: Tyler Regional Office,
2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.
(4) COMPANY: Meldimaa Enterprise, Inc. dba Silverline Dry Cleaner(s); DOCKET
NUMBER: 2006-1132-DCL-E; TCEQ ID NUMBER: RN103962411; LOCATION: 2501 County
Road 89, Suite B, Pearland, Texas (the CR 89 site); 15058 Highway 6, Rosharon,
Texas (the Rosharon site), 1801 Country Place Parkway, Texas (the Country
Place site), and 10228 Broadway Street, Suite 148, City of Pearland, Brazoria
County, Texas (the Broadway site); TYPE OF FACILITY: dry cleaning facility
and dry cleaner drop stations; RULES VIOLATED: 30 TAC §337.10(a) and
THSC, §374.102, by failing to register the facilities with the commission;
PENALTY: $4,740; STAFF ATTORNEY: Lena Roberts, Litigation Division, MC 175,
(512) 239-0019; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Avenue,
Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(5) COMPANY: Mohammad Arshad dba The Eagle Stop; DOCKET NUMBER: 2004-1424-PST-E;
TCEQ ID NUMBER: RN102239456; LOCATION: 101 Interstate Highway 35 North West,
Hillsboro, Hill County, Texas; TYPE OF FACILITY: convenience store with retail
sales of gasoline; RULES VIOLATED: 30 TAC §37.815(a) and (b), by failing
to demonstrate financial responsibility for taking corrective action and for
compensating third parties for bodily injury and property damage caused by
accidental releases arising from the operation of petroleum USTs; PENALTY:
$3,150; STAFF ATTORNEY: James Sallans, Litigation Division, MC 175, (512)
239-2053; REGIONAL OFFICE: Waco Regional Office, 6801 Sanger Avenue, Suite
2500, Waco, Texas 76710-7826, (254) 751-0335.
(6) COMPANY: Nam Sun Paek dba Metro Cleaners and dba Custom Cleaners; DOCKET
NUMBER: 2006-0855-DCL-E; TCEQ ID NUMBERS: RN103955506 and RN104986906; LOCATION:
101 East Harwood Road, Suite 100, Hurst, Tarrant County, and 2601 Flower Mound
Road, Suite 109, Flower Mound, Denton County, Texas; TYPE OF FACILITY: dry
cleaning drop stations; RULES VIOLATED: 30 TAC §337.11(e); and THSC, §374.102,
by failing to renew the facilities' registrations by completing and submitting
the required registration forms to the TCEQ for the facilities; PENALTY: $2,370;
STAFF ATTORNEY: Shawn Slack, Litigation Division, MC 175, (512) 239-0063;
REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort
Worth, Texas 76118-6951, (817) 588-5800.
(7) COMPANY: Richard R. Goody dba Rockin Texas Lounge; DOCKET NUMBER: 2006-1100-PWS-E;
TCEQ ID NUMBER: RN101197325; LOCATION: 6903 Farm-to-Market Road 646 South,
Santa Fe, Galveston County, Texas; TYPE OF FACILITY: public water supply;
RULES VIOLATED: 30 TAC §290.109(c)(2)(A)(i); and THSC, §341.033(d),
by failing to collect and submit routine monthly samples for bacteriological
analysis for the months of September - November 2005 and February 2006; PENALTY:
$1,220; STAFF ATTORNEY: Kathleen Decker, Litigation Division, MC 175, (512)
239-6500; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Avenue, Suite
H, Houston, Texas 77023-1486, (713) 767-3500.
(8) COMPANY: Westex Capital, Ltd. dba Corner Store; DOCKET NUMBER: 2006-0411-PST-E;
TCEQ ID NUMBER: RN102781952; LOCATION: 342 East Main Street, Yorktown, Dewitt
County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline;
RULES VIOLATED: 30 TAC §334.49(a)(2); and Texas Water Code, §26.3475(d),
by failing to have the corrosion protection system operating in a manner that
would ensure that corrosion protection would be continuously provided to all
underground metal components of the UST system; PENALTY: $2,500; STAFF ATTORNEY:
Robert Mosley, Litigation Division, MC 175, (512) 239-0627; REGIONAL OFFICE:
Corpus Christi Regional Office, 6300 Ocean Drive, Suite 1200, Corpus Christi,
Texas 78412-5503, (361) 825-3100.
TRD-200700258
Mary Risner
Director, Litigation Division
Texas Commission on Environmental Quality
Filed: January 30, 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 (TWC), §7.075. Section
7.075 requires that before the commission may approve the AOs, the commission
shall allow the public an opportunity to submit written comments on the proposed
AOs. Section 7.075 requires that notice of the opportunity to comment must
be published in the
Texas Register
no later
than the 30th day before the date on which the public comment period closes,
which in this case is
March 12, 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 A,
3rd Floor, Austin, Texas 78753, (512) 239-3400 and at the applicable regional
office listed as follows. Written comments about an AO should be sent to the
attorney designated for the AO at the commission's central office at P.O.
Box 13087, MC 175, Austin, Texas 78711-3087 and must be
received by 5:00 p.m. on March 12, 2007
. Comments may also be sent
by facsimile machine to the attorney at (512) 239-3434. The designated attorney
is available to discuss the AO and/or the comment procedure at the listed
phone number; however, §7.075 provides that comments on an AO shall be
submitted to the commission in
writing
.
(1) COMPANY: AMK Enterprises, LLC dba The Old Tymer; DOCKET NUMBER: 2006-0381-PWS-E;
TCEQ ID NUMBERS: RN102404399; LOCATION: 28295 Interstate Highway 10 West,
Boerne, Bexar County, Texas; TYPE OF FACILITY: convenience store with a public
water supply; RULES VIOLATED: 30 TAC §290.109(c)(2)(A)(i), §290.122(c),
and Texas Health and Safety Code (THSC), §341.033(d), by failing to collect
and submit routine monthly water samples for bacteriological analysis, and
failed to provide public notice of the violations; 30 TAC §290.51(a)(3)
and Texas Water Code (TWC), §5.702, by failing to pay past due public
health service fees for Account No. 90150363; PENALTY: $2,640; STAFF ATTORNEY:
Rachael Gaines, Litigation Division, MC 175, (512) 239-0078; REGIONAL OFFICE:
San Antonio Regional Office, 14250 Judson Road, San Antonio, Texas 78233-4480,
(210) 490-3096.
(2) COMPANY: Bertha Vonderau dba Wharton Steam Laundry DS; DOCKET NUMBER:
2006-0654-DCL-E; TCEQ ID NUMBER: RN104959507; LOCATION: 1107 North Alabama,
Wharton, Wharton County, Texas; TYPE OF FACILITY: dry cleaning drop station;
RULES VIOLATED: 30 TAC §337.10(a) and THSC, §374.102(a), by failing
to complete and submit the required registration form to the TCEQ for a drop
station facility; PENALTY: $1,185; STAFF ATTORNEY: Robert Mosley, Litigation
Division, MC 175, (512) 239-0627; REGIONAL OFFICE: Houston Regional Office,
5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(3) COMPANY: Chong Bai Xia dba Twin Lakes Water Co.; DOCKET NUMBER: 2006-0022-PWS-E;
TCEQ ID NUMBER: RN101453512; LOCATION: 6495 Appian Way, Fort Worth, Tarrant
County, Texas; TYPE OF FACILITY: public water system; RULES VIOLATED: 30 TAC §290.109(c)(3)(A)(ii)
and (c)(2)(F), and §290.122(c)(2)(A); and THSC, §341.033(d), by
failing to collect and submit repeat samples following a coliform-positive
result, by failing to collect the required number of additional samples following
a month in which a coliform-positive sample was obtained and by failing to
post public notice related to the failure to sample; PENALTY: $1,340; STAFF
ATTORNEY: Kari Gilbreth, Litigation Division, MC 175, (512) 239-1320; REGIONAL
OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth,
Texas 76118-6951, (817) 588-5800.
(4) COMPANY: Huertas Trucking Inc.; DOCKET NUMBER: 2006-0474-AIR-E; TCEQ
ID NUMBER: RN104471958; LOCATION: 1025 West Commerce Street, Dallas, Dallas
County, Texas; TYPE OF FACILITY: ready mix concrete batch plant; RULES VIOLATED:
30 TAC §116.110(a); and THSC, §382.0518(a) and §382.085(b),
by failing to obtain authorization prior to constructing and operating a concrete
batch plant; and 30 TAC §205.6; and TWC, §5.702, by failing to pay
outstanding General Permits Stormwater Fees for Financial Administration Account
No. 20014785; PENALTY: $10,000; STAFF ATTORNEY: Shannon Strong, Litigation
Division, MC 175, (512) 239-0972; REGIONAL OFFICE: Dallas-Fort Worth Regional
Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(5) COMPANY: Market Truck Stop Inc. dba Texas Truck Stop; DOCKET NUMBER:
2006-0288-PST-E; TCEQ ID NUMBER: RN102375094; LOCATION: 8772 Market Street
Road, Houston, Harris County, Texas; TYPE OF FACILITY: convenience store with
retail sales of gasoline; RULES VIOLATED: 30 TAC §334.50(d)(1)(B) and §334.50(d)(4)(A)(ii)(II);
and TWC, §26.2475(c)(1), by failing to ensure that release detection
equipment or procedures were provided or followed for the underground storage
tanks (USTs) at the facility and by failing to perform an automatic test for
substance loss that detects a release which equals or exceeds 0.2 gallons
per hour from the UST system; and 30 TAC §334.48(c), by failing to conduct
manual or automatic inventory control procedures for the UST system at the
facility; PENALTY: $13,400; STAFF ATTORNEY: Mark Curnutt, Litigation Division,
MC 175, (512) 239-0624; REGIONAL OFFICE: Houston Regional Office, 5425 Polk
Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(6) COMPANY: Naide Enterprises, Inc. dba Big Star Mart; DOCKET NUMBER:
2005-1562-PST-E; TCEQ ID NUMBER: RN102352788; LOCATION: 2803 Vance Jackson
Road, San Antonio, Bexar County, Texas; TYPE OF FACILITY: convenience store
with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.8(c)(5)(A)(iii),
by failing to post the delivery certificate in a location that is clearly
visible at all times; 30 TAC §334.8(c)(5)(C), by failing to ensure that
a legible tag, label, or marking with the tank number is permanently applied
upon or affixed to either the top of the fill tube or to a nonremovable point
in the immediate area of the fill tube for each regulated UST at the facility;
30 TAC §334.7(d)(3), by failing to notify the commission within 30 days
from the date of the occurrence of any change or addition to the UST system;
30 TAC §334.50(b)(1)(A), and TWC, §26.3475(c)(1), by failing to
monitor the USTs for releases at a frequency of at least once every month
(not to exceed 35 days between each monitoring); and 30 TAC §334.51(b)(2)(C),
and TWC, §26.3475(c)(2), by failing to equip each tank with a valve or
other appropriate device designed to either automatically shut off the flow
or restrict the flow of regulated substances into the tank when the liquid
level in the tank reaches a preset level; PENALTY: $6,825; STAFF ATTORNEY:
Lena Roberts, Litigation Division, MC 175, (512) 239-0019; REGIONAL OFFICE:
San Antonio Regional Office, 14250 Judson Road, San Antonio, Texas 78233-4480,
(210) 490-3096.
(7) COMPANY: Nathaniel Energy Corporation; DOCKET NUMBER: 2005-0388-MSW-E;
TCEQ ID NUMBERS: RN100750645 and 6044115; LOCATION: 1323 Fulghum Road, Hutchins,
Dallas County, Texas; TYPE OF FACILITY: tire storage facility; RULES VIOLATED:
30 TAC §328.61(c), by failing to provide a minimum separation of 40 feet
between outdoor piles consisting of scrap tire pieces; 30 TAC §328.61(g),
by failing to provide an adequate fire protection system and equipment on
site as required by the local fire marshal; 30 TAC §328.61(b)(1), by
failing to maintain tire piles consisting of scrap tires or tire pieces at
a maximum height of 15 feet; and 30 TAC §328.71(c), by failing to obtain
approval to amend the current site operating plan and site layout plan reflecting
the addition of two new tire piles for storage; PENALTY: $16,900; STAFF ATTORNEY:
James Biggins, Litigation Division, MC R-12, (713) 422-8916; REGIONAL OFFICE:
Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951,
(817) 588-5800.
(8) COMPANY: The Goodyear Tire & Rubber Company; DOCKET NUMBER: 2005-1671-AIR-E;
TCEQ ID NUMBER: RN102561925; LOCATION: 11241 Interstate Highway 10, Beaumont,
Jefferson County, Texas; TYPE OF FACILITY: synthetic rubber manufacturing
plant; RULES VIOLATED: 30 TAC §§101.20(2), 113.100, 113.260, 116.115(c),
and 122.143(4), New Source Review (NSR) Permit No. 38755/NO16, Special Conditions
(SCs) 3 and 5, Operating Permit (OP) No. O-02294, Special Terms and Conditions
(STCs) 1.A., 1.D., 1.E., and 9.A., 40 Code of Federal Regulations (CFR) §63.11(b)(5)
and (b)(6)(ii), and THSC, §382.085(b), by failing to properly operate
the 850 Unit Flare (Unit ID 2Q504); 30 TAC §§101.20(2), 113.100,
113.260, 116.115(c), and 122.143(4), NSR Permit No. 9481, SC 5.A., OP No.
O-01593, STCs 1.A., 1.D., 1.F., and 12.A, 40 CFR §63.11(b)(6)(ii), and
THSC, §382.085(b), by failing to operate the Budene Flare (Unit ID 3Q504)
using gas with a net heating value of less than 300 British thermal units/standard
cubic feet; 30 TAC §122.143(4), OP No. O-02294, STC-Additional Monitoring
Requirements, and THSC, §382.085(b), by failing to keep hourly thermocouple
monitoring records for the 850 Unit Flare; 30 TAC §111.111(a)(4)(A)(ii)
and §122.143(4), OP No. O-02294, STC 1.A., and THSC, §382.085(b),
by failing to record the time of day in the log of daily flare observations
for the 850 Unit Flare; TAC §111.111(a)(4)(A)(ii) and §122.143(4),
OP No. O-01593, STC 1.A., and THSC, §382.085(b), by failing to record
the time of day or whether the flare was smoking in the daily flare operation
log for the 870 Unit 3Q503 Wing Flare and the 3Q504 Budene Flare; 30 TAC §122.143(4),
OP No. O-01593, STC 11, and THSC, §382.085(b), by failing to measure
and record the pilot flame for the 870 Unit 3Q503 Wing Flare and for the 880
Unit 3Q504 Budene Flare; 30 TAC §122.143(4), OP No. O-02294, STC-Additional
Monitoring Requirements, OP No. O-01593, STC-Additional Monitoring Requirements,
and THSC, §382.085(b), by failing to maintain the Tiba Solution Tank's,
the n-butyl lithium Storage Tank's, and the Modifier Makeup Tank's contents
above the fill pipe; 30 TAC §§101.20(1) and (2), 113.260, 115.352(4),
116.115(c), and 122.143(4), 40 CFR §§63.167(a)(1), 60.482-6(a)(1),
and 63.502(a), NSR Permit No. 38755/NO16, SCs 3 and 9.E., OP No. O-02294,
STCs 1.A., and 1.D., and THSC, §382.085(b), by failing to install a second
valve, a blind flange, or a tightly-fitting plug or cap on open ended lines
in the 850 Unit; 30 TAC §§101.20(1) and (2), 113.260, 115.352(4),
116.115(c), and 122.143(4), 40 CFR §§63.167(a)(1), 60.482-6(a)(1),
and 63.502(a), NSR Permit 1040, SC 4.E., NSR Permit No. 9481, SC 7.E., NSR
Permit No. 22110, SCs 2 and 5.E., OP No. O-01593, STCs 1.A., 1.D., and 12.A.,
and THSC, §382.085(b), by failing to install a second valve, a blind
flange, or a tightly-fitting plug or cap on open ended lines in the 840 and
880 Units; 30 TAC §§101.20(2), 113.260, 116.115(c), and 122.143(4),
40 CFR §63.502(a), NSR Permit No. 38755/NO16, SCs 3 and 9.N., and OP
No. O-02294, STCs 1.A., 1.D., and 9.A., and THSC, §382.085(b), by failing
to timely re-monitor repaired leaking fugitive emission components; 30 TAC §122.143(4),
and §122.146(2), OP No. O-02294, General Terms and Conditions (GTCs),
and THSC, §382.085(b), by failing to timely submit an Annual Compliance
Certification (ACC); 30 TAC §122.143(4) and (15) and §122.165(a)(7),
OP No. O-02294, GTC, and THSC, §382.085(b), by failing to include a Certification
by a Responsible Official form in a semiannual deviation report; 30 TAC §122.143(4),
and §122.145(2)(A), OP No. O-02294, GTCs, and THSC, §382.085(b),
by failing to report the untimely submittal of an ACC; 30 TAC §122.143(4),
and §122.145(2)(A), OP No. O-01593, GTCs, and THSC, §382.085(b),
by failing to report excess opacity events; 30 TAC §101.201(e) and §122.143(4),
OP No. O-01593, SC 2.F., and THSC, §382.085(b), by failing to report
excess opacity events that were not properly reported to the TCEQ Regional
Office; 30 TAC §116.115(c) and §122.143(4), NSR Permit No. 1040,
SC 4.F., NSR Permit No. 9481, SC 7.F., NSR Permit No. 22110, SC 5.F., OP No.
O-01593, STC 12.A., and THSC, §382.085(b), by failing to sample fugitive
emission components; 30 TAC §§101.20(1) and (2), 115.352(2), 116.115(c)
and 122.143(4), 40 CFR §60.482-2(c)(2) and §63.502(a), NSR Permit
No. 22110, SC 2, OP No. O-01593, STC 1.A., and 12.A., and THSC, §382.085(b),
by failing to conduct timely repair attempts on leaking fugitive emission
components; 30 TAC §§101.20(1) and (2), 116.115(c) and 122.143(4),
40 CFR §60.482-2(c)(2), and §63.502(a), NSR Permit No. 22110, SC
2, OP No. O-01593, STCs 1.A., 1.D., and 12.A., and THSC, §382.085(b),
by failing to conduct a second monitoring of a repaired component; 30 TAC §§101.20(1)
and (2), 113.260, and 122.143(4), 40 CFR §63.502(a), OP No. O-01593,
STC 1.A., and 1.D., and THSC, §382.085(b), by failing to properly isolate
a pump from the process; 30 TAC §§101.20(1) and (2), 113.260, 116.115(c),
and 122.143(4), 40 CFR §60.482-2(c)(2) and §63.502(a), NSR Permit
No. 9481, SC 7.H., OP No. O-01593, STCs 1.A., 1.D., and 12.A., and THSC, §382.085(b)
by failing to conduct timely repairs on leaking fugitive emission components
in the 840 and 880 Units; 30 TAC §§101.20(1) and (2), 113.260, 116.115(c),
and 122.143(4), 40 CFR §60.482-2(c)(2) and §63.502(a), NSR Permit
No. 22110, SCs 2 and 5.F., OP No. O-01593, STCs 1.A., 1.D., and 12.A., and
THSC, §382.085(b), by failing to conduct timely reports on leaking fugitive
emission components in the Isoprene Unit; 30 TAC §§101.20(2), 113.260,
and 122.143(4), 40 CFR §63.502(a), OP No. O-01593, STCs 1.A., and 1.D.,
and THSC, §382.085(b), by failing to maintain visual inspection records;
30 TAC §116.115(c) and §122.143(4), NSR Permit No. 1040, SC 4.F.,
OP No. O-01593, STC 12.A., and THSC, §382.085(b), by failing to properly
monitor a fugitive emission component; 30 TAC §§101.20(2), 113.260,
and 122.143(4), 40 CFR §63.506(b)(1)(i)(A), OP No. O-01593, STCs 1.D.,
and 1.F., and THSC, §382.085(b), by failing to keep complete startup,
shutdown, and maintenance records; 30 TAC §115.216(3)(A)(iii) and §122.143(4),
OP No. O-01953, STC 1.A., and THSC, §382.085(b), by failing to keep complete
records of tank-truck volatile organic compounds transfers; 30 TAC §116.115(c)
and §122.143(4), NSR Permit No. 1040, SC 4.H., NSR Permit No. 22110,
SC 5.H., OP No. O-01593, STC 12.A., and THSC, §382.085(b), by failing
to tag visually leaking fugitive emission components; 30 TAC §§101.20(1)
and 101.20(3), and 122.143(4), 40 CFR §60.48b(b)(1), NSR Permit 20040/PSD-TX-801,
SCs 2 and 13, OP No. O-01593, STCs 1.A., 1.G., and 12.A., and THSC, §382.085(b),
by failing to record complete emissions data; 30 TAC §115.131(a) and §122.143(4),
OP No. O-01593, STC 1.A., and THSC, §382.085(b), by failing to limit
vent gas pressure; 30 TAC §111.121(6) and §122.143(4), OP No. O-01593,
STC 1.A., and THSC, §382.085(b), by failing to limit opacity; 30 TAC §122.143(4),
OP No. O-01593, STC 2.F., and THSC, §382.085(b), by failing to report
excess opacity events; 30 TAC §115.136(a)(2)(B) and §122.143(4),
OP No. O-01593, STC 1.A., and THSC, §382.085(b), by failing to properly
monitor emissions control devices; 30 TAC §116.115(c), NSR Permit No.
1040, SC 1, NSR Permit No. 22110, SC 1, and THSC, §382.085(b), by failing
to comply with permitted emissions limits; and 30 TAC §116.115(c) and §122.143(4),
NSR Permit No. 9481, SC 4, OP No. O-01593, STC 12.A., and THSC, §382.085(b),
by failing to sample cooling tower emissions; PENALTY: $283,654; STAFF ATTORNEY:
Laurencia Fasoyiro, Litigation Division, MC R-12, (713) 422-8914; REGIONAL
OFFICE: Beaumont Regional Office, 3870 Eastex Freeway, Beaumont, Texas 77703-1892,
(409) 898-3838.
(9) COMPANY: Transit Mix Concrete & Materials Company; DOCKET NUMBER:
2005-0609-MLM-E; TCEQ ID NUMBER: RN104352869; LOCATION: 3902 East Stan Schlueter
Loop, Killeen, Bell County, Texas; TYPE OF FACILITY: concrete ready mix plant;
RULES VIOLATED: 30 TAC §330.5(a), by failing to prevent the unauthorized
disposal of municipal waste; and TWC, §26.121(a) and Texas Pollutant
Discharge Elimination System (TPDES) General Permit No. TXR05P896 Part V,
Section E(4), page 56, by failing to prevent the unauthorized discharge of
municipal waste into or adjacent to waters in the state; PENALTY: $27,500;
STAFF ATTORNEY: Kathleen Decker, Litigation Division, MC 175, (512) 239-6500;
REGIONAL OFFICE: Waco Regional Office, 6801 Sanger Avenue, Suite 2500, Waco,
Texas 76710-7826, (254) 751-0335.
TRD-200700259
Mary Risner
Director, Litigation Division
Texas Commission on Environmental Quality
Filed: January 30, 2007
The Texas Commission on Environmental Quality (commission) will conduct
a public hearing to receive testimony regarding proposed revisions to 30 Texas
Administrative Code (TAC) Chapter 114, Control of Air Pollution from Motor
Vehicles, Subchapter G, Transportation Planning, §114.260, Transportation
Conformity, and to the state implementation plan (SIP), under the requirements
of Texas Health and Safety Code, §382.017; Texas Government Code, Chapter
2001, Subchapter B; and 40 Code of Federal Regulations §51.102 of the
United States Environmental Protection Agency (EPA) regulations concerning
SIPs.
The proposed rulemaking would incorporate recent federal transportation
conformity revisions into the state's SIP and rule, including those from the
six-year surface transportation reauthorization act of 2005, the Safe, Accountable,
Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU).
In addition to addressing the SAFETEA-LU revisions, the rulemaking would also
incorporate previous federal transportation conformity revisions and guidance
that include: requesting states to incorporate into SIPs when a regionally
significant, non-federal project is considered adopted or approved by a non-federal
entity; adding transportation-related PM
2.5
precursors
to the transportation conformity regulations; and deleting a previous quantitative
PM
10
and PM
2.5
hot-spot
analysis.
A public hearing on this proposal will be held in Austin, Texas, on March
6, 2007, at 10:00 a.m., in Building B, Room 201A, at the Texas Commission
on Environmental Quality complex located at 12100 Park 35 Circle. The hearing
will be structured for the receipt of oral or written comments by interested
persons. Registration will begin 30 minutes prior to the hearing. Individuals
may present oral statements when called upon in order of registration. There
will be no open discussion during the hearing; however, commission staff members
will be available to discuss the proposal 30 minutes prior to the hearing.
Persons planning to attend the hearing, who have special communication
or other accommodation needs, should contact Lola Brown, Office of Legal Services,
at (512) 239-0348. Requests should be made as far in advance as possible.
Comments may be submitted to Lola Brown, MC 205, Texas Register Team, Office
of Legal Services, Texas Commission on Environmental Quality, P.O. Box 13087,
Austin, Texas 78711-3087 or faxed to (512) 239-4808. Electronic comments may
be submitted at
http://www5.tceq.state.tx.us/rules/ecomments
. The comment period closes March 12, 2007. All comments should reference
Rule Project Number 2006-046-114-EN. The proposed rule may be viewed on the
commission's Web site at
http://www.tceq.state.tx.us/nav/rules/propose_adopt.html
. For further information or questions concerning this proposal, please
contact Marivel Rodriguez, Air Quality Division, at (512) 239-2474.
TRD-200700213
Robert Martinez
Director, Environmental Law Division
Texas Commission on Environmental Quality
Filed: January 26, 2007
The Texas Commission on Environmental Quality (TCEQ or commission) has
made available for public comment one draft Total Maximum Daily Load (TMDL)
for bacteria in Gilleland Creek (Segment 1428C) of the Colorado River Basin,
located in northeastern Travis County. The TCEQ will conduct a public meeting
to receive comments on the draft TMDL. This announcement also constitutes
notice that the TMDL will become part of the State Water Quality Management
Plan upon approval by the United States Environmental Protection Agency (EPA).
Texas is required to develop TMDL for impaired water bodies included in
the State of Texas Clean Water Act, §303(d) list of impaired water bodies.
A TMDL is a detailed water quality assessment that provides the scientific
foundation to allocate pollutant loads in a certain body of water in order
to restore and maintain designated uses.
The TCEQ will conduct a public meeting on the draft TMDL for bacteria in
Gilleland Creek (Segment 1428C). The purpose of the public meeting is to provide
the public an opportunity to comment on the draft TMDL. The commission requests
comment on each of the six major components of the TMDL: problem definition,
endpoint identification, source analysis, linkage between sources and receiving
waters, margin of safety, and pollutant loading allocation. After the public
comment period, TCEQ staff may revise the TMDL, if appropriate. The final
TMDL will then be considered by the commission for adoption. Upon adoption
of the TMDL by the commission, the final TMDL and a response to all comments
will be made available on the TCEQ Web site referenced below. The TMDL will
then be submitted to EPA Region 6 for approval. Upon approval, the TMDL will
be certified as an update to the State of Texas Water Quality Management Plan.
The public comment meeting will be held on February 22, 2007, at 7:00 p.m.,
at the Pflugerville Justice Center, 1611 East Pfennig Lane, Pflugerville,
Texas 78691. At this meeting, individuals have the opportunity to present
oral statements when called upon in order of registration. There will be no
agenda or presentations given, open discussion will not occur during the meeting.
However, an agency staff member will be available to discuss the matter 30
minutes prior to the meeting and will answer questions before and after all
public comments have been received.
Written comments should be submitted to Edward Ling, Texas Commission on
Environmental Quality, Water Programs Division, MC 203, P.O. Box 13087, Austin,
Texas 78711-3087 or faxed to (512) 239-1414. All comments must be received
by 5:00 p.m., March 12, 2007, and should reference,
One Total Maximum Daily Load for Bacteria in Gilleland Creek, For Segment
Number 1428C
. For further information regarding the draft TMDL, please
contact Edward Ling, Water Programs Division, at (512) 239-6238 or
eling@tceq.state.tx.us
. Copies of the draft TMDL document will be available
and can be obtained via the commission's Web site at:
http://www.tceq.state.tx.us/implementation/water/tmdl/index.html
or
by calling (512) 239-6682.
Persons with disabilities who have special communication or other accommodation
needs who are planning to attend the meeting should contact the commission
at (512) 239-6682. Requests should be made as far in advance as possible.
TRD-200700249
Robert Martinez
Director, Environmental Law Division
Texas Commission on Environmental Quality
Filed: January 30, 2007
The following notices were issued during the period of January 8, 2007
through January 26, 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 the Office of the Chief Clerk, Mail Code
105, P.O. Box 13087, Austin, Texas 78711-3087, WITHIN 30 DAYS OF THE DATE
OF NEWSPAPER PUBLICATION OF THE NOTICE.
AQUA DEVELOPMENT, INC. has applied for a renewal of Permit No. 14125-001,
which authorizes the disposal of treated domestic wastewater at a daily average
flow not to exceed 150,000 gallons per day via surface irrigation of 48 acres
of a golf course. This permit will not authorize a discharge of pollutants
into waters in the State. The facility and disposal site are located 0.1 mile
southwest in the inlet of Indian Creek to Eagle Mountain Lake and 1.5 miles
north-northwest of the intersection of County Road 1220 (Moris Dido Road)
and Peden Road in Tarrant County, Texas. The facility and disposal site are
located in the drainage basin of Eagle Mountain Lake in Segment No. 0809 of
the Trinity River Basin.
AQUA TEXAS, INC. has applied for a renewal of TPDES Permit No. 12222-001,
which authorizes the discharge of treated domestic wastewater at a daily average
flow not to exceed 250,000 gallons per day. The facility is located approximately
0.3 mile southwest of the intersection of Fisher Road and Southern Pacific
Railroad, on the south bank of Cole Creek in Harris County, Texas.
AQUA UTILITIES, INC. has applied for a renewal of TPDES Permit No. WQ0011193001,
which authorizes the discharge of treated domestic wastewater at a daily average
flow not to exceed 800,000 gallons per day. The facility is located approximately
2,000 feet southeast of the intersection of Fisher and Brittmore Roads in
Harris County, Texas.
AQUA UTILITIES, INC., 2211 Louetta Road, Spring, Texas 77388, has applied
for a renewal of TPDES Permit No. 11375-001, which authorizes the discharge
of treated domestic wastewater at a daily average flow not to exceed 184,000
gallons per day. The facility is located approximately 2.5 miles east of the
intersection of Farm-to-Market Road 529 (Spencer Road) and U.S. Highway 290
between Windfern Road and Fairbanks-North Houston Road in Harris County, Texas.
CITY OF BOYD has applied for a renewal of TPDES Permit No. 10131-001, which
authorizes the discharge of treated domestic wastewater at a daily average
flow not to exceed 240,000 gallons per day. The facility is located on the
north side of State Highway 114, approximately 1,000 feet east-northeast of
the intersection of Farm-to-Market Road 730 and State Highway 114 in Wise
County, Texas.
CANEY CREEK MUNICIPAL UTILITY DISTRICT has applied for a major amendment
to TPDES Permit No. WQ0014177001 to authorize an increase in the discharge
of treated domestic wastewater from a daily average flow not to exceed 300,000
gallons per day to a daily average flow not to exceed 400,000 gallons per
day. The facility will be located 650 feet south of the intersection of Dolphin
Way and Old Caney Drive in Matagorda County, Texas.
CITY OF CENTERVILLE has applied for a renewal of TPDES Permit No. 10147-001,
which authorizes the discharge of treated domestic wastewater at a daily average
flow not to exceed 124,000 gallons per day. The facility is located immediately
south of the State Highway 7 and approximately 1700 feet east of U.S. Highway
75 in the City of Centerville in Leon County, Texas.
THE CITY OF CROCKETT, 200 North Fifth Street, Crockett, Texas 75835-1502,
has applied to the Texas Commission on Environmental Quality (TCEQ) for a
renewal of TPDES Permit No. 10154-002, which authorizes the discharge of treated
domestic wastewater at a daily average flow not to exceed 500,000 gallons
per day. The facility is located approximately 3,000 feet south of the intersection
of U.S. Highway 287 and State Highway Loop 304 in Southeast Crockett in Houston
County, Texas.
EAGLE PASS WATER WORKS SYSTEM has applied for a new permit, proposed TPDES
Permit No. WQ0014688001, to authorize the discharge of treated domestic wastewater
at an annual average flow not to exceed 1,500,000 gallons per day. The proposed
permit would also authorize the disposal of treated domestic wastewater via
irrigation of 50 acres and the land application of sewage sludge for beneficial
use on 50 acres. The facility and the effluent irrigation and sludge beneficial
land uses sites will be located two miles southeast of the intersection of
Farm-to-Market Road 1021 and Rosita Valley Road in Maverick County, Texas.
FORT BEND COUNTY MUNICIPAL UTILITY DISTRICT NO. 34 has applied to the Texas
Commission on Environmental Quality (TCEQ) for a new permit, proposed Texas
Pollutant Discharge Elimination System (TPDES) Permit No. WQ0012298002, to
authorize the discharge of treated domestic wastewater at a daily average
flow not to exceed 250,000 gallons per day. The facility is located approximately
0.25 mile north of the intersection of Farm-to-Market Road 1093 and Katy-Gaston
Road in Fort Bend County, Texas.
FORT WORTH INDEPENDENT SCHOOL DISTRICT has applied for a renewal of Permit
No. 11382-001, which authorizes the disposal of treated domestic wastewater
at a daily average flow not to exceed 50,000 gallons per day via evaporation
and/or surface irrigation of 20 acres of non-public access pasture land. This
permit will not authorize a discharge of pollutants into waters in the State.
The facility and disposal site are located approximately 1.5 miles northeast
of the intersection (within the City of Briar) of Farm-to-Market Road 730
and Briar Road, and approximately 7.5 miles north-northeast of the City of
Azle in Wise County, Texas. The facility and disposal site are located in
the drainage basin of Eagle Mountain Reservoir in Segment No. 0809 of the
Trinity River Basin.
FOSTER UTILITIES LLC has applied for a new permit, Proposed Permit No.
WQ0014723001, to authorize the disposal of treated domestic wastewater at
a daily average flow not to exceed 180,000 gallons per day via non-public
access subsurface drip irrigation system with a minimum area of 41.34 acres.
This permit will not authorize a discharge of pollutants into waters in the
State. The facility and disposal site will be located within the 35 Business
Park development, approximately 2,500 feet east of the IH 35 access road and
approximately 150 feet north of County Road 196 in Williamson County, Texas.
FREEDOM SHORES INVESTMENT PARTNERSHIP, LP has applied for a renewal of
TPDES Permit No. 11350-001, which authorizes the discharge of treated domestic
wastewater at a daily average flow not to exceed 12,000 gallons per day. The
facility is located on the south side of Farm-to-Market Road 356 and the west
end of Farm-to-Market Road 356 Bridge over the White Rock Creek Arm of Lake
Livingston in Trinity County, Texas.
FRY ROAD MUNICIPAL UTILITY DISTRICT has applied for a renewal of TPDES
Permit No. 11989-001, which authorizes the discharge of treated domestic wastewater
at a daily average flow not to exceed 800,000 gallons per day. The facility
is located at 19903 Franz Road, approximately 1,000 feet west of the intersection
of Franz Road and Fry Road in Harris County, Texas.
CITY OF GROVETON has applied for a renewal of TPDES Permit No. WQ0010556001,
which authorizes the discharge of treated domestic wastewater at a daily average
flow not to exceed 220,000 gallons per day. The facility is located southeast
of the City of Groveton on Coleto Road adjacent to Kickapoo Creek in Trinity
County, Texas.
HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 6 has applied for a renewal
of TPDES Permit No. 11273-001, which authorizes the discharge of treated domestic
wastewater at a daily average flow not to exceed 750,000 gallons per day.
The facility is located approximately 2 miles north and one mile east of the
intersection of Fairbanks-North Houston Road and Whiteoak Bayou in Harris
County, Texas.
HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 7 has applied for a renewal
of TPDES Permit No. 12140-001, which authorizes the discharge of treated domestic
wastewater at a daily average flow not to exceed 500,000 gallons per day.
TCEQ received this application on September 9, 2006. The facility is located
at a point 1.9 miles north of Interstate Highway 10, approximately 5,500 feet
northwest of the intersection of Fry Road and Franz Road on the southwest
bank of South Mayde Creek and approximately 5.9 miles northwest of the intersection
of Interstate Highway 10 and State Highway 6 in Harris County, Texas.
NORTHWEST HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 16 has applied for
a renewal of TPDES Permit No. 11935-001, which authorizes the discharge of
treated domestic wastewater at a daily average flow not to exceed 990,000
gallons per day. The facility is located approximately 5,800 feet southwest
of the intersection of Farm-to-Market Road 529 (Spencer Road) and State Highway
6 in Harris County, Texas.
HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 170 has applied for a renewal
of TPDES Permit No. WQ0012121001, which authorizes the discharge of treated
domestic wastewater at an annual average flow not to exceed 2,500,000 gallons
per day. The facility is located approximately 600 feet west of Jones Road,
5300 south of Farm-to-Market Road 1960 and adjacent to Whiteoak Bayou in Harris
County, Texas.
THE CITY OF HUNTSVILLE has applied for a renewal of TPDES Permit No. 10781-003,
which authorizes the discharge of treated domestic wastewater at an annual
average flow not to exceed 4,150,000 gallons per day. The facility is located
0.8 miles north of the intersection of State Highway 19 and Ellisor Road and
3.5 miles northeast of the intersection of U.S. Highway 30 and U.S. Highway
190, at the north end of Ellisor Road near the City of Huntsville in Walker
County, Texas.
CITY OF LAKEPORT has applied for a new permit, proposed Texas Pollutant
Discharge Elimination System (TPDES) Permit No. WQ0014721001, to authorize
the discharge of treated domestic wastewater at a daily average flow not to
exceed 250,000 gallons per day. The facility will be located approximately
1,200 feet northeast of the intersection of State Highway 149 and State Highway
322 in the City of Lakeport in Gregg County, Texas.
LAKE LAVON BAPTIST ENCAMPMENT has applied for a renewal of Permit No. 14192-001,
which authorizes the disposal of treated domestic wastewater at a daily average
flow not to exceed 625 gallons per day via evaporation. This permit will not
authorize a discharge of pollutants into waters in the State. The facility
and disposal site are located 400 feet south of Farm-to-Market Road 982 and
15,000 feet south of the intersection of Farm-to-Market Road 982 and Farm-to-Market
Road 546 in Collin County, Texas.
LEON SPRINGS UTILITY COMPANY has applied for a major amendment to TPDES
Permit No. 14376-001 to authorize an increase in the discharge of treated
domestic wastewater from a daily average flow not to exceed 300,000 gallons
per day to a daily average flow not to exceed 800,000 gallons per day. The
facility is located in the southwest corner of the Dominion Subdivision, adjacent
to Leon Creek and approximately 3.5 miles north of the intersection of Interstate
Highway 10 and Loop 1604 in Bexar County, Texas.
MONTGOMERY COUNTY MUNICIPAL UTILITY DISTRICT NO. 15 has applied for a major
amendment to TPDES Permit No. 11395-001 to authorize an increase in the discharge
of treated domestic wastewater from a daily average flow not to exceed 300,000
gallons per day to a daily average flow not to exceed 900,000 gallons per
day. The facility is located on Gleneagles Drive, approximately 5,000 feet
north of Needham Road in Montgomery County, Texas.
CITY OF PILOT POINT has applied for a renewal of TPDES Permit No. 10361-001,
which authorizes the discharge of treated domestic wastewater at a daily average
flow not to exceed 735,000 gallons per day. The facility is located approximately
1 mile west-southwest of the intersection of U.S. Highway 377 and State Highway
Loop 387, approximately 1.5 miles northwest of the intersection of U.S. Highway
377 and Farm-to-Market Road 455 in Denton County, Texas.
TMF WATERWAY'S ENTERPRISES, INC. has applied to the Texas Commission on
Environmental Quality (TCEQ) for a new permit, proposed Texas Pollutant Discharge
Elimination System (TPDES) Permit No. WQ0014727001, to authorize the discharge
of treated domestic wastewater at a daily average flow not to exceed 10,000
gallons per day. The facility is located approximately 4,000 feet north of
U.S. Highway 87 and approximately 5.7 miles east from the intersection of
U.S. Highway 87 and Farm-to-Market Road 108 in Galveston County, Texas.
WHITE ROCK ESTATES PROPERTY OWNERS CIVIC ASSOCIATION has applied for a
renewal of TPDES Permit No. 13354-001, which authorizes the discharge of treated
domestic wastewater at a daily average flow not to exceed 10,000 gallons per
day. The facility is located approximately 2,000 feet west of the bridge over
the White Rock Creek Arm of Lake Livingston, approximately seven miles east
of the City of Trinity on the south side of Farm-to-Market Road 356 in Trinity
County, Texas.
CITY OF WILLOW PARK has applied for a renewal of Permit No. 13759-001 which
authorizes the disposal of treated domestic wastewater at a daily average
flow not to exceed 264,000 gallons per day via surface irrigation of 233 acres
of a golf course. This permit will not authorize a discharge of pollutants
into water in the State. The facility is located approximately three miles
southeast of the intersection of Interstate Highway 20 and Farm-to-Market
Road 5, approximately 1.6 miles southwest of the intersection of Farm-to-Market
Roads 1187 and 5 in Parker County. The disposal site is located approximately
1.6 miles due north of the Deer Creek Wastewater Treatment Facility in Parker
County, Texas.
WODEN INDEPENDENT SCHOOL DISTRICT has applied to the TCEQ for a major amendment
to Permit No. WQ0014345001, to authorize an increase in the daily average
flow from 9,000 gallons per day to 12,000 gallons per day and to increase
the disposal site from 2.3 acres to 3.9 acres. The proposed amendment also
requests to reduce the application rate to 0.7 gallons per square foot per
day, to change the disposal site from public access to non-public access and
to remove disinfection requirements. The current permit authorizes the disposal
of treated domestic wastewater at a daily average flow not to exceed 9,000
gallons per day via a public access subsurface drip irrigation system with
a minimum area of 2.3 acres. This permit will not authorize a discharge of
pollutants into waters in the State. The wastewater treatment facility and
disposal site are located at the northeast corner of the intersection of Farm-to-Market
Road 226 and County Road 417; the wastewater treatment facility and disposal
site are located approximately 1,500 feet east of the intersection of Farm-to-Market
Road 226 and County Road 417, in Woden in Nacogdoches County, Texas.
NORTH ZULCH MUNICIPAL UTILITY DISTRICT has applied for a renewal of Permit
No. 12192-001, which authorizes the disposal of treated domestic wastewater
at a daily average flow not to exceed 0.034 gallons per day via surface irrigation
of 9.4 acres of non-public access agricultural land. This permit will not
authorize a discharge of pollutants into waters in the State. The facility
and disposal site are located approximately 0.5 mile northeast of the intersection
of State Highway 21 and Loop 160, approximately one mile east of Farm-to-Market
Road 39 in Madison County, Texas. The facility and disposal site are located
in the drainage basin of Lake Livingston in Segment No. 0803 of the Trinity
River Basin.
The following do not require publication in a newspaper. Written comments
or requests for a public meeting may be submitted to the Office of the Chief
Clerk, at the address provided in the information section above, WITHIN 30
DAYS OF THE ISSUED DATE OF THE NOTICE.
AQUA WATER SUPPLY CORPORATION has applied for a minor amendment to the
Texas Pollutant Discharge Elimination System (TPDES) permit to authorize the
decrease in daily average flow of the interim I phase from 0.25 million gallons
per day (MGD) to 0.125 MGD and the daily average flow of the interim II phase
from 0.50 MGD to 0.25 MGD. The existing permit authorizes a daily average
flow not to exceed 750,000 gallons per day. The facility will be located on
an access road off Fagerquist Road, approximately 0.8 mile south of the intersection
of Wolf Lane and Pearce Lane in Bastrop County, Texas.
KAUFMAN COUNTY MUNICIPAL UTILITY DISTRICT NO. 12 has applied for a minor
amendment to the Texas Pollutant Discharge Elimination System (TPDES) permit
to authorize including an interim phase at a daily average flow not to exceed
240,000 gallons per day. The existing permit authorizes the discharge of treated
domestic wastewater at a daily average flow not to exceed 720,000 gallons
per day. The facility is located 7,925 feet northeast of the intersection
of Farm-to-Market Road 741 and Farm-to-Market Road 2757 in Kaufman County,
Texas.
INFORMATION SECTION
To view the complete issued notices, view the notices on our web site at
www.tceq.state.tx.us/comm_exec/cc/pub_notice.html or call the Office of the
Chief Clerk at (512) 239-3300 to obtain a copy of the complete notice. When
searching the web site, type in the issued date range shown at the top of
this document to obtain search results.
If you need more information about these permit applications or the permitting
process, please call the TCEQ Office of Public Assistance, Toll Free, at 1-800-687-4040.
General information about the TCEQ can be found at our web site at www.TCEQ.state.tx.us.
Si desea información en Español, puede llamar al 1-800-687-4040.
TRD-200700269
LaDonna Castañuela
Chief Clerk
Texas Commission on Environmental Quality
Filed: January 31, 2007
List of Late Filers
Listed below are the names of filers from the Texas Ethics Commission who
did not file reports, or failed to pay penalty fines for late reports in reference
to the listed filing deadline. If you have any questions, you may contact
Robbie Miller at (512) 463-5800 or (800) 325-8506.
Deadline: Semiannual Report for Candidates and
Officeholders Due July 17, 2006
David A. Jones, 733 W. 43rd St., Houston, Texas 77018-4401
Deadline: Semiannual Report for Political Committees
Due July 17, 2006
Lynda P. Vine, Foundation Appraisers Coalition of Texas PAC, 6106 Vance
Jackson Road #2, San Antonio, Texas 78230-3373
Deadline: Monthly Report Due September 5, 2006
Lulu P. Olson, Kinetic Concepts, Inc. PAC, P.O. Box 659508, San Antonio,
Texas 78265-9508
Deadline: 50-Day Pre-Election Report Due September
18, 2006
Dorothy Khoury, Gregg County Republican Party, 607 Cynthia St., Longview,
Texas 75605
Deadline: Semiannual Report for Candidates and
Officeholders Due September 21, 2006
Judith Ann Cobbett, 2550 Long Ave., Beaumont, Texas 77702
Jonathan A. Rasco, 206 N. Whatley Rd., White Oak, Texas 75693-3602
Brandon Stacker, 5603 16th Pl., Lubbock Texas 79416
John Waldowski, 3616 Bryce Ave., Apt. 1, Fort Worth, Texas 76107
Deadline: 30-Day Pre-Election Report Due October
10, 2006
Milton I. Fagin, P.O. Box 100777, San Antonio, Texas 78201
Mike Higgins, Texas State Assn. of Fire Fighters Action Committee, 627
Radam Lane, Austin, Texas 78745
Greg A. Kauffman, 2315 Rock Creek Rd., Crowley, Texas 76036
Richard W. King, 7418 Silent Path, San Antonio, Texas 78250
Gerald W. LaFleur, 5810 Maple St., Houston, Texas 77074
Shedric M. McGill, P.O.W.E.R. PAC, 2211 Norfolk St., Ste. 210, Houston,
Texas 77098
John R. McLeod, P.O. Box 51601, Denton, Texas 76206
Brenda Morott, Rockwall Action Team - PAC, P.O. Box 73, Fate, Texas 75132
Bruce Priddy, 17327 Davenport Rd., Dallas, Texas 75248
Jonathan A. Rasco, 206 N. Whatley Rd., White Oak, Texas 75693-3602
Jon Roland, 7793 Burnet Rd., #37, Austin, Texas 78757
Brandon Stacker, 5603 16th Pl., Lubbock, Texas 79416
Helen M. Stautmeister, Republican Women of Waller County, P.O. Box 954,
Hempstead, Texas 77445
Pamela T. Thomas, Dallas County Council of Republican Women, 5349 Goodwin,
Dallas, Texas 75206
Ellis E. Tredway, Student Loan Political Action Committee, 13013 Partridge
Bend Dr., Austin, Texas 78729
John Waldowski, 3616 Bryce Ave., Apt. 1, Fort Worth, Texas 76107
Deadline: 8-Day Pre-Election Report Due October
30, 2006
Fernando Contreras Jr., Bexar County Democratic Party (CEC), P.O. Box 12341,
San Antonio, Texas 78212
Richard W. King, 7418 Silent Path, San Antonio, Texas 78250
Sydney C. Leonard, Fort Worth Republican Women PAC, 2800 South Hulen, Suite
210, Fort Worth, Texas 76132
TRD-200700243
David Reisman
Executive Director
Texas Ethics Commission
Filed: January 29, 2007
Notice of Application and Priorities for the Justice Assistance Grant (JAG) Program Federal Application
The Governor's Criminal Justice Division (CJD) is preparing its application
for the 2007 federal Edward Byrne Justice Assistance Grant Program. The amount
available for this program will be determined after Congressional adoption
of the federal Fiscal Year 2007 appropriation for the U.S. Department of Justice.
The Governor's Criminal Justice Division proposes to fund projects that
reduce violent crime.
Comments on the application or the priorities may be submitted in writing
to Judy Switzer by email at jswitzer@governor.state.tx.us or mailed to the
Criminal Justice Division, Office of the Governor, P.O. Box 12428, Austin,
Texas 78711. Comments must be received or postmarked no later than 30 days
from the date of publication of this announcement.
TRD-200700266
Ken Nicolas
Executive Director, Criminal Justice Division
Office of the Governor
Filed: January 30, 2007
Correction Notice
The Texas Health and Human Services Commission published a rate hearing
notice in the February 2, 2007, issue of the
Texas
Register
(32 TexReg 465). The purpose of the hearing, which will be
held on February 21, 2007, is to receive public comment on the proposed Medicaid
payment rates for specific procedure codes for physician-administered drugs/biologicals.
Due to an error in the Proposal section of the notice, the Current Medicaid
Rate and Proposed Medicaid Rate for procedure code 90378, a seasonal vaccine,
reads:
Procedure Code - 90378
Current Medicaid Rate - $14.04 per 50 mg
Proposed Medicaid Rate - $14.82 per 50 mg
As corrected, it should read as follows:
Procedure Code - 90378
Current Medicaid Rate - $14.04 per mg
Proposed Medicaid Rate - $14.82 per mg
The briefing package describing the proposed payment rates with the correction
will be available on or after February 2, 2007. Interested parties may obtain
a copy of the briefing package prior to the hearing by contacting Irene Cantu
by telephone at (512) 491-1358; by fax at (512) 491-1998; or by e-mail at
Irene.Cantu@hhsc.state.tx.us. The briefing package also will be available
at the public hearing.
TRD-200700272
Steve Aragón
Chief Counsel
Texas Health and Human Services Commission
Filed: January 31, 2007
The Texas Health and Human Services Commission (HHSC) is canceling the
public hearing originally scheduled to be held on February 12, 2007, at 9:00
a.m., to receive comments from interested persons on proposed Medicaid reimbursement
rates applicable to providers of Home and Community-based Services (HCS) and
the Texas Home Living (TxHmL) Program. The notice of this hearing was published
in the January 26, 2007, issue of the
Texas Register
(32 TexReg 418). The Department of Aging and Disability Services (DADS),
which operates these programs, is delaying the expansion of the Consumer-Directed
Services (CDS) option due to an anticipated federal approval date beyond the
previously planned March 1, 2007, implementation date. Once federal approval
is received, the public hearing will be rescheduled and notice of the hearing
will be published in the
Texas Register
at
that time.
TRD-200700271
Steve Aragón
Chief Counsel
Texas Health and Human Services Commission
Filed: January 31, 2007
Correction of Error
The Department of State Health Services adopted new 25 TAC §157.125,
concerning requirements for trauma facility designation. The notice of adoption
was published in the December 22, 2006, issue of the
Texas Register
(31 TexReg 10300). Typographical errors submitted by
the agency appear in Figures: 25 TAC §157.125(x) and §157.125(y)
in the Tables and Graphics section.
The word "Comma" on pages 10389 and 10400 should be "Coma". This error
appears in Figure: 25 TAC §157.125(x) under G, Performance Improvement
#8, and again in Figure: 25 TAC §157.125(y) under G, Performance Improvement
#7. The sentences as corrected should read:
"Documentation of severity of injury (by Glasgow Coma Scale, revised trauma
score, age, injury severity score) and outcome (survival, length of stay,
ICU length of stay) with monthly review of statistics."
On page 10398, in Figure: 25 TAC §157.125(y) under D, Emergency Department
#10 q, an "E" was omitted from the far right column and has been replaced.
TRD-200700253
TRD-200700244
Cathy Campbell
General Counsel
Department of State Health Services
Filed: January 30, 2007
INTRODUCTION
The Texas Department of State Health Services' (department) Zoonosis Control
Branch announces a Request for Proposals (RFP) for the sterilization of dogs
and cats owned by the public. The RFP will be released on or about February
12, 2007.
PURPOSE
The department's Zoonosis Control Branch announces the expected availability
of fiscal year 2008 state funds from the sale of animal friendly license plates
to provide grants for the sterilization of dogs and cats owned by the public
at no or minimal cost.
PERIOD OF PROJECT
It is expected that the contract will begin on or about September 1, 2007,
and will be made for a 12-month budget period, with a project period of 2
years.
AVAILABLE FUNDS
Approximately $250,000 is expected to be available to fund multiple contracts.
One grant award per project period will be awarded per agency for the sterilization
of dogs and/or cats, in a minimum amount of $1,000 to a maximum amount of
$75,000 per contract period. The specific dollar amount awarded to each applicant
depends upon the merit and scope of the proposed project.
ELIGIBLE APPLICANTS
Eligible applicants include: a private or public animal shelter (releasing
agency); an organization that is qualified as a charitable organization under
Internal Revenue Code, §501(c)(3), that has animal welfare or sterilizing
dogs and cats owned by the general public at minimal or no cost as its primary
purpose; or a local nonprofit veterinary medical association--an organization
set up by and comprised of several volunteer veterinarians in their immediate
region for the purpose of presenting continuing education, planning group
activities, or discussing issues common to their professional field, and has
an established program for sterilizing dogs and cats owned by the general
public at minimal or no cost. If an applicant is currently debarred, suspended,
or otherwise excluded or ineligible for participation in federal or state
assistance programs, the applicant is ineligible to apply for funds under
this RFP.
SCHEDULE OF EVENTS
Issuance of the RFP on or about February 12, 2007
Application Deadline on or about April 16, 2007
Award Notification on or about June 13, 2007
Contract Start Date on or about September 1, 2007
TO OBTAIN A COPY OF THE RFP
It is preferred that requests to obtain a copy of the RFP, scheduled for
release on or about February 12, 2007, be downloaded from the Electronic State
Business Daily (ESBD) website at http://esbd.tbpc.state.tx.us. Those organizations
without Internet access may obtain a copy of the RFP by contacting Shannon
Burke, Client Services Contracting Unit, Room T-502, Texas Department of State
Health Services, 1100 West 49th Street, Austin, Texas, 78756-3199, fax (512)
458-7351, or e-mail Shannon.burke@dshs.state.tx.us.
CONTACT PERSON
All communications concerning the RFP shall be addressed in writing to
Shannon Burke, Client Services Contracting Unit, Room T-502, Texas Department
of State Health Services, 1100 West 49th Street, Austin, Texas 78756-3199;
fax (512) 458-7351, or e-mail Shannon.burke@dshs.state.tx.us.
TRD-200700245
Cathy Campbell
General Counsel
Department of State Health Services
Filed: January 30, 2007
Notice of Public Hearing
Single Family Mortgage Revenue and Refunding
Tax-Exempt Commercial Paper Notes
Single Family Mortgage Revenue and Refunding Bonds
Notice is hereby given of a public hearing to be held by the Texas Department
of Housing and Community Affairs (the "Department") at 221 East 11th Street,
Room 116, Austin, Texas, at 12:00 noon on March 6, 2007, with respect to (i)
a plan of financing (the "Plan") that includes issues of single family mortgage
revenue and refunding tax-exempt commercial paper notes (the "Future Notes"),
the first of which is to be issued within one year of the date of the hearing
described below and the last of which is to be issued no later than three
years from the first delivery of a Future Note under the Plan, (ii) an issue
of tax-exempt single family mortgage revenue bonds to be issued in one or
more series in an aggregate face amount of not more than $110,000,000 (the
"New Money Bonds"), and (iii) an issue of tax-exempt single family mortgage
revenue refunding bonds to be issued in one or more series in an aggregate
face amount of not more than $45,000,000 (the "Refunding Bonds" and together
with the New Money Bonds, collectively, the "Bonds").
The Future Notes will be issued by the Department in a maximum aggregate
face amount not to exceed $75,000,000 at any given time. The proceeds of the
Future Notes will be used for one or more of the following purposes: (a) to
refund certain single family mortgage revenue bonds of the Department and
thereby to recycle prepayments of loans made with the proceeds of such bonds
in order to provide single family residential mortgage loans; (b) to refund
certain single family mortgage revenue bonds previously issued by the Department
and thereby to recycle unexpended proceeds of such bonds in order to provide
single family residential mortgage loans; and (c) to provide single family
residential mortgage loans. For purposes of clause (a) above, only prepayments
of mortgage loans financed with proceeds of tax-exempt mortgage revenue bonds
issued within ten years from the date of receipt of the prepayments will be
eligible for the recycling program.
A portion of the proceeds of the New Money Bonds will be used directly
to make single family residential mortgage loans in an aggregate estimated
amount not to exceed $110,000,000. All of such single family residential mortgage
loans will be made to eligible very low, low and moderate income homebuyers
for the purchase of homes located within the State of Texas. A portion of
the proceeds of the Refunding Bonds will be used to refund all or a portion
of the Department's outstanding Single Family Mortgage Revenue Bonds, 1997
Series A and Single Family Mortgage Revenue Bonds, 1997 Series D, the proceeds
of which were used directly to provide single family residential mortgage
loans.
For purposes of the Department's mortgage loan finance programs, eligible
borrowers generally will include individuals and families whose family income
does not exceed, (i) for families of three or more persons, 115% (140% in
certain targeted areas) of the area median income, and (ii) for individuals
and families of two persons, 100% (120% in certain targeted areas) of the
area median income. In addition, substantially all of the borrowers under
the programs will be required to be persons who have not owned a principal
residence during the preceding three years (except in the case of certain
targeted area residences). Further, residences financed with loans under the
programs will be subject to certain other limitations, including limits on
the purchase prices of the residences being acquired. Pursuant to the Gulf
Opportunity Zone Act of 2005, residences in certain areas affected by Hurricane
Rita are treated as targeted area residences. All the limitations described
in this paragraph are subject to revision and adjustment from time to time
by the Department pursuant to applicable federal law and Department policy.
All interested parties are invited to attend such public hearing to express
their views with respect to the Department's mortgage loan finance program
and the issuance of the Future Notes and the Bonds. Questions or requests
for additional information may be directed to Heather Hodnett at the Texas
Department of Housing and Community Affairs, 221 East 11th Street, Austin,
Texas 78701; (512) 475-1899.
Persons who intend to appear at the hearing and express their views are
invited to contact Heather Hodnett in writing in advance of the hearing. Any
interested persons unable to attend the hearing may submit their views in
writing to Heather Hodnett prior to the date scheduled for the hearing.
TDHCA WEBSITE: www.tdhca.state.tx.us/hf.htm
Individuals who require auxiliary aids for the hearing should contact Gina
Esteves, ADA Responsible Employee, at (512) 475-3943, or Relay Texas at 1-800-735-2989
at least two days before the hearing so that appropriate arrangements can
be made.
Non-English speaking individuals who require interpreters for the hearing
should contact Heather Hodnett at (512) 475-1899 at least three days before
the hearing so that appropriate arrangements can be made. Personas que hablan
español y requieren un intérprete, favor de llamar a Jorge Reyes
al siguiente número (512) 475-4577 por lo menos tres días antes
de la junta para hacer los preparativos apropiados.
This notice is published and the above-described hearing is to be held
in satisfaction of the requirements of State law and Section 147(f) of the
Internal Revenue Code of 1986, as amended, regarding the public approval prerequisite
to the exclusion from gross income for federal income tax purposes of interest
on the Future Notes and the Bonds.
TRD-200700268
Michael Gerber
Executive Director
Texas Department of Housing and Community Affairs
Filed: January 31, 2007
Company Licensing
Application to change the name of CONTINENTAL NATIONAL INDEMNITY COMPANY
to CONTINENTAL INDEMNITY COMPANY, a foreign fire and/or casualty company.
The home office is in Cedar Rapids, Iowa.
Application for incorporation to the State of Texas by PATRIOT INSURANCE
COMPANY, a domestic life, accident and/or health company. The home office
is in Granbury, Texas.
Any objections must be filed with the Texas Department of Insurance, within
twenty (20) calendar days from the date of the
Texas
Register
publication, addressed to the attention of Godwin Ohaechesi,
333 Guadalupe Street, M/C 305-2C, Austin, Texas 78701.
TRD-200700273
Gene C. Jarmon
Chief Clerk and General Counsel
Texas Department of Insurance
Filed: January 31, 2007
The following third party administrator (TPA) applications have been filed
with the Texas Department of Insurance and are under consideration.
Application of PEARL INSURANCE GROUP, LLC, a foreign third party administrator.
The home office is PEORIA HEIGHTS, ILLINOIS.
Application of BALDWIN & LYONS, INC., a foreign third party administrator.
The home office is INDIANAPOLIS, INDIANA.
Application to change the name of SQM ADMINISTRATORS, INC. to JARDINE LLOYD
THOMPSON BENEFITS, INC., a foreign third party administrator. The home office
is WILMINGTON, DELAWARE.
Application to change the name of EMPLOYER EMPLOYEE BENEFIT ADMINISTRATORS,
INC. to, EMPLOYER EMPLOYEE BENEFIT ADMINISTRATORS, INC. (using the assumed
name of HEALTHCARE MANAGEMENT SOLUTIONS), a domestic third party administrator.
The home office is SAN ANTONIO, TEXAS.
Any objections must be filed within 20 days after this notice is published
in the
Texas Register
, addressed to the attention
of Matt Ray, MC 107-1A, 333 Guadalupe, Austin, Texas 78701.
TRD-200700274
Gene C. Jarmon
Chief Clerk and General Counsel
Texas Department of Insurance
Filed: January 31, 2007
Instant Game Number 784 "Fantastic 5's"
1.0 Name and Style of Game.
A. The name of Instant Game No. 784 is "FANTASTIC 5'S". The play style
for GAME 1 is "key number match with auto win". The play style for GAME 2
is "three in a line with BONUS area and multiplier. The play style for GAME
3 is "key symbol match with multiplier". The play style for GAME 4 is "key
symbol match with auto win".
1.1 Price of Instant Ticket.
A. Tickets for Instant Game No. 784 shall be $5.00 per ticket.
1.2 Definitions in Instant Game No. 784.
A. Display Printing - That area of the instant game ticket outside of the
area where the Overprint and Play Symbols appear.
B. Latex Overprint - The removable scratch-off covering over the Play Symbols
on the front of the ticket.
C. Play Symbol - The printed data under the latex on the front of the instant
ticket that is used to determine eligibility for a prize. Each Play Symbol
is printed in Symbol font in black ink in positive except for dual-image games.
The possible black play symbols are: $1.00, $5.00, $10.00, $15.00, $20.00,
$50.00, $100, $500, $1,000, $5,000, $50,000, 01, 02, 03, 04, 05, 06, 07, 08,
09, 10, 11, 12, 13, 14, HORSE SHOE SYMBOL, SHAMROCK SYMBOL, GOLD BAR SYMBOL,
WISH BONE SYMBOL, RAINBOW SYMBOL, POT OF GOLD SYMBOL and STAR SYMBOL.
D. Play Symbol Caption - The printed material appearing below each Play
Symbol which explains the Play Symbol. One caption appears under each Play
Symbol and is printed in caption font in black ink in positive. The Play Symbol
Caption which corresponds with and verifies each Play Symbol is as follows:
E. Retailer Validation Code - Three (3) letters found under the removable
scratch-off covering in the play area, which retailers use to verify and validate
instant winners. These three (3) small letters are for validation purposes
and cannot be used to play the game. The possible validation codes are:
Low-tier winning tickets use the required codes listed in Figure 2. Non-winning
tickets and high-tier tickets use a non-required combination of the required
codes listed in Figure 2 with the exception of ∅, which will only appear
on low-tier winners and will always have a slash through it.
F. Serial Number - A unique 13 (thirteen) digit number appearing under
the latex scratch-off covering on the front of the ticket. There is a boxed
four (4) digit Security Number placed randomly within the Serial Number. The
remaining nine (9) digits of the Serial Number are the Validation Number.
The Serial Number is positioned beneath the bottom row of play data in the
scratched-off play area. The Serial Number is for validation purposes and
cannot be used to play the game. The format will be: 0000000000000.
G. Low-Tier Prize - A prize of $5.00, $10.00, $15.00 or $20.00.
H. Mid-Tier Prize - A prize of $50.00, 100 or $500.
I. High-Tier Prize - A prize of $1,000, $5,000 or $50,000.
J. Bar Code - A 22 (twenty-two) character interleaved two (2) of five (5)
bar code which will include a three (3) digit game ID, the seven (7) digit
pack number, the three (3) digit ticket number and the nine (9) digit Validation
Number. The bar code appears on the back of the ticket.
K. Pack-Ticket Number - A 13 (thirteen) digit number consisting of the
three (3) digit game number (784), a seven (7) digit pack number, and a three
(3) digit ticket number. Ticket numbers start with 001 and end with 075 within
each pack. The format will be: 784-0000001-001.
L. Pack - A pack of "FANTASTIC 5'S" Instant Game tickets contains 075 tickets,
packed in plastic shrink-wrapping and fanfolded in pages of one (1). Tickets
001 will be shown on the front the pack; the back of ticket 075 will be revealed
on the back of the pack. All packs will be tightly shrink-wrapped. There will
be no breaks between the tickets in a pack. Every other book will reverse
i.e., reverse order will be: the back of ticket 001 will be shown on the front
of the pack and the front of ticket 075 will be shown on the back of the pack.
M. Non-Winning Ticket - A ticket which is not programmed to be a winning
ticket or a ticket that does not meet all of the requirements of these Game
Procedures, the State Lottery Act (Texas Government Code, Chapter 466), and
applicable rules adopted by the Texas Lottery pursuant to the State Lottery
Act and referenced in 16 TAC, Chapter 401.
N. Ticket or Instant Game Ticket, or Instant Ticket - A Texas Lottery "FANTASTIC
5'S" Instant Game No. 784 ticket.
2.0 Determination of Prize Winners. The determination of prize winners
is subject to the general ticket validation requirements set forth in Texas
Lottery Rule 401.302, Instant Game Rules, these Game Procedures, and the requirements
set out on the back of each instant ticket. A prize winner in the "FANTASTIC
5'S" Instant Game is determined once the latex on the ticket is scratched
off to expose 54 (fifty-four) Play Symbols. For GAME 1, if a player matches
any of YOUR NUMBERS play symbols to the WINNING NUMBER play symbol, the player
wins PRIZE shown for that number. If a player reveals a "HORSESHOE" play symbol,
the player wins five times that PRIZE shown instantly. For GAME 2, if a player
reveals three "5" play symbols in a complete row, column or diagonal, the
player wins PRIZE shown. If a player reveals a "SHAMROCK" play symbol in the
BONUS play area, the player wins five times the PRIZE shown instantly. For
GAME 3, if a player reveals three "05" play symbols in the same PLAY, the
player wins the PRIZE shown for that PLAY. If a player reveals two "05" play
symbols and a "POT OF GOLD" play symbol in the same PLAY, the player wins
five times the PRIZE. For GAME 4, if a player reveals a "05" play symbol,
the player wins PRIZE shown below that symbol. If a player reveals a "STAR"
play symbol, the player wins five times that PRIZE shown instantly. No portion
of the display printing nor any extraneous matter whatsoever shall be usable
or playable as a part of the Instant Game.
2.1 Instant Ticket Validation Requirements.
A. To be a valid Instant Game ticket, all of the following requirements
must be met:
1. Exactly 54 (fifty-four) Play Symbols must appear under the latex overprint
on the front portion of the ticket;
2. Each of the Play Symbols must have a Play Symbol Caption underneath,
unless specified, and each Play Symbol must agree with its Play Symbol Caption;
3. Each of the Play Symbols must be present in its entirety and be fully
legible;
4. Each of the Play Symbols must be printed in black ink except for dual
image games;
5. The ticket shall be intact;
6. The Serial Number, Retailer Validation Code and Pack-Ticket Number must
be present in their entirety and be fully legible;
7. The Serial Number must correspond, using the Texas Lottery's codes,
to the Play Symbols on the ticket;
8. The ticket must not have a hole punched through it, be mutilated, altered,
unreadable, reconstituted or tampered with in any manner;
9. The ticket must not be counterfeit in whole or in part;
10. The ticket must have been issued by the Texas Lottery in an authorized
manner;
11. The ticket must not have been stolen, nor appear on any list of omitted
tickets or non-activated tickets on file at the Texas Lottery;
12. The Play Symbols, Serial Number, Retailer Validation Code and Pack-Ticket
Number must be right side up and not reversed in any manner;
13. The ticket must be complete and not miscut, and have exactly 54 (fifty-four)
Play Symbols under the latex overprint on the front portion of the ticket,
exactly one Serial Number, exactly one Retailer Validation Code, and exactly
one Pack-Ticket Number on the ticket;
14. The Serial Number of an apparent winning ticket shall correspond with
the Texas Lottery's Serial Numbers for winning tickets, and a ticket with
that Serial Number shall not have been paid previously;
15. The ticket must not be blank or partially blank, misregistered, defective
or printed or produced in error;
16. Each of the 54 (fifty-four) Play Symbols must be exactly one of those
described in Section 1.2.C of these Game Procedures;
17. Each of the 54 (fifty-four) Play Symbols on the ticket must be printed
in the Symbol font and must correspond precisely to the artwork on file at
the Texas Lottery; the ticket Serial Numbers must be printed in the Serial
font and must correspond precisely to the artwork on file at the Texas Lottery;
and the Pack-Ticket Number must be printed in the Pack-Ticket Number font
and must correspond precisely to the artwork on file at the Texas Lottery;
18. The display printing on the ticket must be regular in every respect
and correspond precisely to the artwork on file at the Texas Lottery; and
19. The ticket must have been received by the Texas Lottery by applicable
deadlines.
B. The ticket must pass all additional validation tests provided for in
these Game Procedures, the Texas Lottery's Rules governing the award of prizes
of the amount to be validated, and any confidential validation and security
tests of the Texas Lottery.
C. Any Instant Game ticket not passing all of the validation requirements
is void and ineligible for any prize and shall not be paid. However, the Executive
Director may, solely at the Executive Director's discretion, refund the retail
sales price of the ticket. In the event a defective ticket is purchased, the
only responsibility or liability of the Texas Lottery shall be to replace
the defective ticket with another unplayed ticket in that Instant Game (or
a ticket of equivalent sales price from any other current Instant Lottery
game) or refund the retail sales price of the ticket, solely at the Executive
Director's discretion.
2.2 Programmed Game Parameters.
A. Consecutive non-winning tickets within a pack will not have identical
patterns.
B. The "Horseshoe", "Shamrock", "Pot of Gold", two (2) "05" symbols and
"Star" symbols will each win five (5) times the prize amount shown and will
win as per the prize structure. These symbols are combined on the prize structure
as "5X".
C. GAME 1: Players can win up to five (5) times in this play area.
D.GAME 1: The "Horseshoe" symbol will instantly win five (5) times the
prize shown below it.
E. GAME 1: The "Horseshoe" symbol can only appear within GAME 1 and will
never appear more than once on a ticket.
F. GAME 1: The "Horseshoe" symbol will not appear on non-winning tickets.
G. GAME 1: No duplicate non-winning YOUR NUMBERS play symbols on a ticket.
H. GAME 1: Non-winning prize symbols will not match a winning prize symbol
on a ticket.
I. GAME 1: Non-winning tickets will not contain more than two matching
prize amounts.
J. GAME 1: The "Horseshoe" symbol will never appear as a "WINNING NUMBER"
play symbol.
K. GAME 1: YOUR NUMBERS play symbols will never equal the corresponding
Prize symbol (i.e. 05 and $5).
L. GAME 2: Players can only win once in this play area.
M. GAME 2: No ticket will contain three (3) or more of a kind other than
the "5" symbol.
N. GAME 2: The "5" symbol is the only symbol that can be used to make a
winning line.
O. GAME 2: On non-winning tickets, there will be at least one row, column
or diagonal with a pair of "5" symbols.
P. GAME 2: Winning tickets will contain only one (1) winning combination.
Q. GAME 2: Tickets will not contain four (4) "5" symbols in all 4 corners.
R. GAME 2: The BONUS area will only win if a "Shamrock" symbol appears
and will win five (5) times the prize in the prize box.
S. GAME 2: The "Shamrock" symbol will not appear on tickets winning with
the GAME 2 tic tac toe.
T. GAME 2: The "Shamrock" symbol will only appear in GAME 2.
U. GAME 2: The "Shamrock" symbol will not appear on non-winning tickets.
V. GAME 3: Players can win up to five (5) times in this play area.
W. GAME 3: There will never be more than two (2) matching prize amounts
on a single ticket, except as required by a multiple win.
X. GAME 3: Players will win if they reveal three (3) "05" symbols within
the same PLAY.
Y. GAME 3: If players reveal two (2) "05" symbols and a "Pot of Gold" symbol,
they win five times the PRIZE for that PLAY.
Z. GAME 3: The "Pot of Gold" symbol can only appear a maximum of once in
this area, as per the prize structure.
AA. GAME 3: The "Pot of Gold" symbol will only appear in GAME 3.
BB. GAME 3: The "Pot of Gold" symbol will never appear on non-winning tickets.
CC. GAME 3: Two (2) "05" symbols will never appear in the same PLAY with
a $5.00 prize symbol.
DD. GAME 3: Neither of the following combinations will appear consecutively
within a column or diagonal, unless created by a multi-win: - three (3) "05"
symbols - two (2) "05" symbols with the "Pot of Gold" symbol (in any order)
EE. GAME 4: Players can win up to six (6) times in this play area.
FF. GAME 4: Tickets will win by revealing a "05" symbol.
GG GAME 4: The "05" symbol will only appear on winning tickets.
HH. GAME 4: The "05" symbol will appear approximately evenly over the six
(6) play positions, with respect to other restrictions.
II. GAME 4: The "Star" symbol will win five (5) times the prize shown.
JJ. The "Star" symbol will not appear on non-winning tickets.
KK. The "Star" symbol will only appear in GAME 4.
2.3 Procedure for Claiming Prizes.
A. To claim a "FANTASTIC 5'S" Instant Game prize of $5.00, $10.00, $15.00,
$20.00, $50.00, $100 or $500, a claimant shall sign the back of the ticket
in the space designated on the ticket and present the winning ticket to any
Texas Lottery Retailer. The Texas Lottery Retailer shall verify the claim
and, if valid, and upon presentation of proper identification, make payment
of the amount due the claimant and physically void the ticket; provided that
the Texas Lottery Retailer may, but is not, in some cases, required to pay
a $50.00, $100 or $500 ticket. In the event the Texas Lottery Retailer cannot
verify the claim, the Texas Lottery Retailer shall provide the claimant with
a claim form and instruct the claimant on how to file a claim with the Texas
Lottery. If the claim is validated by the Texas Lottery, a check shall be
forwarded to the claimant in the amount due. In the event the claim is not
validated, the claim shall be denied and the claimant shall be notified promptly.
A claimant may also claim any of the above prizes under the procedure described
in Section 2.3.B and Section 2.3.C of these Game Procedures.
B. To claim a "FANTASTIC 5'S" Instant Game prize of $1,000, $5,000 or $50,000,
the claimant must sign the winning ticket and present it at one of the Texas
Lottery's Claim Centers. If the claim is validated by the Texas Lottery, payment
will be made to the bearer of the validated winning ticket for that prize
upon presentation of proper identification. When paying a prize of $600 or
more, the Texas Lottery shall file the appropriate income reporting form with
the Internal Revenue Service (IRS) and shall withhold federal income tax at
a rate set by the IRS if required. In the event that the claim is not validated
by the Texas Lottery, the claim shall be denied and the claimant shall be
notified promptly.
C. As an alternative method of claiming a "FANTASTIC 5'S" Instant Game
prize, the claimant must sign the winning ticket, thoroughly complete a claim
form, and mail both to: Texas Lottery Commission, Post Office Box 16600, Austin,
Texas 78761-6600. The risk of sending a ticket remains with the claimant.
In the event that the claim is not validated by the Texas Lottery, the claim
shall be denied and the claimant shall be notified promptly.
D. Prior to payment by the Texas Lottery of any prize, the Texas Lottery
shall deduct a sufficient amount from the winnings of a person who has been
finally determined to be:
1. delinquent in the payment of a tax or other money collected by the Comptroller,
the Texas Workforce Commission, or Texas Alcoholic Beverage Commission;
2. delinquent in making child support payments administered or collected
by the Attorney General;
3. delinquent in reimbursing the Texas Health and Human Services Commission
for a benefit granted in error under the food stamp program or the program
of financial assistance under Chapter 31, Human Resources Code;
4. in default on a loan made under Chapter 52, Education Code; or
5. in default on a loan guaranteed under Chapter 57, Education Code.
E. If a person is indebted or owes delinquent taxes to the State, other
than those specified in the preceding paragraph, the winnings of a person
shall be withheld until the debt or taxes are paid.
2.4 Allowance for Delay of Payment. The Texas Lottery may delay payment
of the prize pending a final determination by the Executive Director, under
any of the following circumstances:
A. if a dispute occurs, or it appears likely that a dispute may occur,
regarding the prize;
B. if there is any question regarding the identity of the claimant;
C. if there is any question regarding the validity of the ticket presented
for payment; or
D. if the claim is subject to any deduction from the payment otherwise
due, as described in Section 2.3.D of these Game Procedures. No liability
for interest for any delay shall accrue to the benefit of the claimant pending
payment of the claim.
2.5 Payment of Prizes to Persons Under 18. If a person under the age of
18 years is entitled to a cash prize of less than $600 from the "FANTASTIC
5'S" Instant Game, the Texas Lottery shall deliver to an adult member of the
minor's family or the minor's guardian a check or warrant in the amount of
the prize payable to the order of the minor.
2.6 If a person under the age of 18 years is entitled to a cash prize of
more than $600 from the "FANTASTIC 5'S" Instant Game, the Texas Lottery shall
deposit the amount of the prize in a custodial bank account, with an adult
member of the minor's family or the minor's guardian serving as custodian
for the minor.
2.7 Instant Ticket Claim Period. All Instant Game prizes must be claimed
within 180 days following the end of the Instant Game or within the applicable
time period for certain eligible military personnel as set forth in Texas
Government Code Section 466.408. Any prize not claimed within that period,
and in the manner specified in these Game Procedures and on the back of each
ticket, shall be forfeited.
2.8 Disclaimer. The number of prizes in a game is approximate based on
the number of tickets ordered. The number of actual prizes available in a
game may vary based on number of tickets manufactured, testing, distribution,
sales and number of prizes claimed. An Instant Game ticket may continue to
be sold even when all the top prizes have been claimed.
3.0 Instant Ticket Ownership.
A. Until such time as a signature is placed upon the back portion of an
Instant Game ticket in the space designated, a ticket shall be owned by the
physical possessor of said ticket. When a signature is placed on the back
of the ticket in the space designated, the player whose signature appears
in that area shall be the owner of the ticket and shall be entitled to any
prize attributable thereto. Notwithstanding any name or names submitted on
a claim form, the Executive Director shall make payment to the player whose
signature appears on the back of the ticket in the space designated. If more
than one name appears on the back of the ticket, the Executive Director will
require that one of those players whose name appears thereon be designated
by such players to receive payment.
B. The Texas Lottery shall not be responsible for lost or stolen Instant
Game tickets and shall not be required to pay on a lost or stolen Instant
Game ticket.
4.0 Number and Value of Instant Prizes. There will be approximately 6,000,000
tickets in the Instant Game No. 784. The approximate number and value of prizes
in the game are as follows:
A. The actual number of tickets in the game may be increased or decreased
at the sole discretion of the Texas Lottery Commission.
5.0 End of the Instant Game. The Executive Director may, at any time, announce
a closing date (end date) for the Instant Game No. 784 without advance notice,
at which point no further tickets in that game may be sold.
6.0 Governing Law. In purchasing an Instant Game ticket, the player agrees
to comply with, and abide by, these Game Procedures for Instant Game No. 784,
the State Lottery Act (Texas Government Code, Chapter 466), applicable rules
adopted by the Texas Lottery pursuant to the State Lottery Act and referenced
in 16 TAC, Chapter 401, and all final decisions of the Executive Director.
TRD-200700211
Kimberly Kiplin
General Counsel
Texas Lottery Commission
Filed: January 26, 2007
Announcement of Application for Amendment to a State-Issued Certificate of Franchise Authority
The Public Utility Commission of Texas received an application on January
26, 2007, to amend 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 Marcus Cable Associates, L.L.C.
d/b/a Charter Communications for an Amendment to a State-Issued Certificate
of Franchise Authority, Project Number 33813 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 33813.
TRD-200700264
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: January 30, 2007
Notice is given to the public of the filing with the Public Utility Commission
of Texas of an application on January 23, 2007, for a service provider certificate
of operating authority (SPCOA), pursuant to §§54.151 - 54.156 of
the Public Utility Regulatory Act (PURA). A summary of the application follows.
Docket Title and Number: Application of Communication Lines, Inc. for a
Service Provider Certificate of Operating Authority, Docket Number 33798 before
the Public Utility Commission of Texas.
Applicant intends to provide plain old telephone service.
Applicant's requested SPCOA geographic area includes the area of Texas
currently served by AT&T Texas.
Persons who wish to comment upon the action sought should contact the Public
Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326,
or by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than
February 14, 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 33798.
TRD-200700234
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: January 29, 2007
Request for Proposals
Texas State University-San Marcos seeks consulting services to assist the
College of Health Professions' administration in the development of a generic
bachelor of science in nursing degree (BSN) proposal; the proposal will be
submitted in a format to meet the required approving bodies. The contract
award will not exceed $50,000 for the period of March 1, 2007 through September
1, 2007. Selected consultant will be able to show evidence of recent work
(within 3 yrs.) in conducting a feasibility study with curriculum development.
Consultant's expenses such as travel, accommodations, meals, telephone and
overnight delivery charges are included in the $50,000 contract. The contact
person for this initiative is Ms. Margie Rodriguez, Sr. Administrative Assistant,
Office of the Dean, College of Health Professions, Texas State University-San
Marcos, (512) 245-3300, mr18@txstate.edu.
TRD-200700205
William A. Nance
Vice President for Finance and Support Services
Texas State University-San Marcos
Filed: January 25, 2007
Request for Proposals
Workforce Resource is seeking proposals for the operation and management
of its Workforce Centers, incorporating at a minimum: the Workforce Investment
Act (WIA), Temporary Assistance for Needy Families (TANF)/Choices, Food Stamp
Employment and Training (FSE&T), Wagner Peyser Employment Services, and
Reintegration of Offenders (RIO) programs. The contracting period will begin
no earlier than October 1, 2007.
The Workforce Resource workforce development area includes the following
11 counties in North Texas: Archer, Baylor, Clay, Cottle, Foard, Hardeman,
Jack, Montague, Wichita, Wilbarger, and Young.
To obtain the Request for Proposal packets or to obtain more information,
contact Joe Winkcompleck, Administrative Technician, at (940) 767-1432; fax:
(940) 322-2683 or e-mail: joe.winkcompleck@twc.state.tx.us. Deadline to submit
a proposal is 4:00 p.m. Friday, April 27, 2007.
Workforce Resource will hold a Bidders' Conference at 10:00 a.m. on Tuesday,
March 6, 2007, in the Workforce Resource conference room at 901 Indiana Avenue,
Suite 180, Wichita Falls, Texas 76301. We will not accept questions over the
phone. We will accept written questions until noon on Tuesday, March 6, 2007.
We will answer all questions during the Bidders' Conference.
Workforce Resource is an Equal Opportunity Employer/Program. Auxiliary
aids and services are available upon request to individuals with disabilities.
Program operation is dependent upon availability of funds from Texas Workforce
Commission.
TRD-200700261
Mona Williams Statser
Executive Director
Workforce Resource, Inc.
Filed: January 30, 2007
Notice of Public Hearing for DARS Maximum Allowable Payment Schedule (MAPS)
Office of the Attorney General
Notice of Settlement of a Texas Clean Air Act Enforcement Action
Coastal Coordination Council
Office of Consumer Credit Commissioner
Texas Education Agency
Education Service Center, Region 16
Texas Commission on Environmental Quality
Invitation to Comment on the Draft January 2007 Update to the Water Quality Management Plan
Notice of District Petition
Notice of Opportunity to Comment on Default Orders of Administrative Enforcement Actions
Notice of Opportunity to Comment on Settlement Agreements of Administrative Enforcement Actions
Notice of Public Hearing on Proposed Revisions to 30 TAC Chapter 114 and to the State Implementation Plan
Notice of Request for Public Comment and Notice of a Public Meeting for One Total Maximum Daily Load
Notice of Water Quality Applications
Texas Ethics Commission
Office of the Governor
Texas Health and Human Services Commission
Notice of Cancellation of the Hearing on Proposed Provider Reimbursement Rates
Department of State Health Services
Licensing Actions for Radioactive Materials
Notice of Request for Proposals for the Zoonosis Control Branch's Animal Friendly Grants for the Spay/Neuter Project
Texas Department of Housing and Community Affairs
Texas Department of Insurance
Third Party Administrator Applications
Texas Lottery Commission
Public Utility Commission of Texas
Notice of Application for Service Provider Certificate of Operating Authority
Texas State University-San Marcos
Workforce Resource, Inc.
Workforce Solutions Brazos Valley