Texas Department of Agriculture
Notice of Acceptance of Applications for the Wine Grape Investment Pilot Grant Program
The Wine Grape Investment Pilot Grant Program (Program) has been established by the Texas Department of Agriculture (TDA) to assist in expanding the number of acres of wine grape production in the state of Texas. This new Program is funded by the Wine Industry Development Fund, Texas Agriculture Code Section 50B.003, which allows for the use of funds to develop the wine industry and, thereby, the economic benefit of the wine industry to Texas. The information provided by Program grantees will also provide valuable insight about the costs of wine grape production and indicators of success in growing wine grapes. From May 1, 2008, through June 6, 2008, TDA will accept applications for the Grant Program from eligible Texas wine grape producers.
Eligibility Criteria.
To be eligible for the Wine Grape Investment Pilot Grant Program an applicant must meet the following criteria:
Applicants must be in the business of growing wine grapes or desire to begin growing wine grapes and must have developed a business plan for growing wine grapes.
The minimum new acreage required per grant will be no less than 5 acres.
Each award requires a minimum 2:1 investment match. The investment in new grape acres (as outlined in Section G of the Application) will need to be documented to support the requested grant amount.
Application.
Applications are available on the TDA website at: www.tda.state.tx.us or available upon request from TDA by calling (512) 463-9932.
Applicants must use TDA's prescribed form (RED-200). Completed applications should be submitted to: Texas Department of Agriculture, Rural Economic Development Division, Wine Grape Investment Pilot Grant Program, P.O. Box 12847, Austin, TX 78711.
All applications must be received by TDA no later than June 6, 2008 to be considered.
Applications must be fully complete.
TDA staff will review the applications for eligibility and completeness. Applicants may be allowed to correct deficiencies.
Acreage and Business Plan for Grant Proposal information as outlined below must be approved and verified at the time the application is submitted. Approval and verification of the Acreage and Business Plan for Grant Proposal may be provided by either a Texas Agri-Life Extension Service Regional Viticulture Representative or other viticulture professional. A list of individuals who can provide the required approval and verification may be obtained by contacting Mr. Allen Regehr, Program Administrator, at allen.regehr@tda.state.tx.us or (512) 463-9932. (The Texas AgriLife Extension Service will not be involved with decisions on who will receive grants). The business plan form must include: (1) where the new acreage is to be planted; (2) when the new acreage is to be planted; (3) variety to be planted; (4) costs associated with grape planting; and, (5) marketing plans. The Business Plan for Grant Proposal form is available at the Economic Development link to the TDA web site at www.tda.state.tx.us under Wine Grape Investment Pilot Grant Program information.
Use of Funds/Reimbursement and Reporting.
The maximum grant amount that may be awarded per applicant is $25,000. Total funding available for all Program grants is limited to $250,000.
Permissible uses of grant funds include, but are not limited to, trellis systems, dirt work, root stock, irrigation installation, fertilizer and other expenses to plant wine grapes. Capital expenditures (land or any items over $5,000) are not reimbursable.
Applicants will be required to provide acceptable verification of the required investment prior to disbursement of grant monies. For example, if a $25,000 grant amount is applied for, grant recipient must provide documentation of expenditures of $75,000 prior to disbursement of the $25,000 grant amount. Any existing collateral will not be considered towards the required match i.e. existing wine-grape acreage and/or existing equipment will not be allowed in the match calculation.
Grant funds will be paid on a reimbursement basis. Receipts, invoices and/or other information such as a lender statement to certify eligible expenditures must be furnished.
Grant recipients will be notified on or before Ju1y 1, 2008 provided all verification and documentation is complete.
The Wine Grape Investment Pilot Grant Program grantees will enter into a grant agreement with TDA. The grant agreement must be signed and returned to TDA prior to the release of grant funds for a grantee's allowable expenditures.
Compliance with reporting requirements is necessary if you accept a grant. Each grant recipient will be required to submit a Reporting Requirements form with signed certification indicating the number of acres planted for year one (2009). In years two through five (2010-2013), grant recipient will be required to complete the Reporting Requirements form (attached to the application and to the grant agreement). These reports are due to TDA on or before November 1, annually.
Selection of Grantees.
Grant recipients will be selected from completed applications received by TDA.
Applications will be evaluated based upon information provided in the application and any required attachments.
Grant awards and amounts will be determined at the discretion of TDA and based on the scoring criteria published with this notice, and may be subject to limitations in funding.
An independent review panel will evaluate and score each Business Plan for Grant Proposal submitted.
General Compliance Information.
All grant awards are subject to the availability of appropriations and authorizations by the Texas Legislature.
Awarded grant projects must remain in full compliance with state and federal laws and regulations or be subject to termination at the discretion of TDA.
Upon grant award, TDA and the Texas State Auditor's Office shall have access to and the right to examine all books, accounts, records, files and other papers or property belonging to or in use by the grantee and pertaining to the grant award. Additionally, these records must remain available and accessible no less than three (3) years after the termination of the grant project.
In accordance with Texas Government Code Ann., §783.007, grant awards shall comply in all respects with the Uniform Grant Management Standards (UGMS). Upon grant award, grantees can be provided a copy or it may be downloaded from http://www.governor.state.tx.us/divisions/stategrants/guidelines/ files/UGMS062004.doc.
Effective September 1, 2007, Texas Government Code §2264.001 et seq. requires a business who receives an economic development grant to certify at the time of application that such business, or a branch, division, or department of the business, does not and will not knowingly employ an undocumented worker who, at the time of employment, is not lawfully admitted for permanent residence to the United States or authorized under law to be employed in that manner in the United States. If, after receiving an economic development grant, the business, or a branch, division, or department of the business, is convicted of a violation under 8 U.S.C. 1324a(f), the business shall repay the amount of the grant with interest, at the rate and according to the other terms provided by an agreement under §2264.053 of the Texas Government Code, not later than the 120th day after the date the public agency, state or local taxing jurisdiction, or economic development corporation notifies the business of the violation.
Texas Public Information Act.
All proposals shall be deemed, once submitted, to be the property of the TDA and are subject to the Texas Public Information Act, Texas Government Code, Chapter 552.
Further Information.
Additional information about the Wine Grape Investment Pilot Grant Program and application process can be found on TDA's website. In addition, applicants may contact Allen Regehr, Program Administrator, at (512) 463-9932 or allen.regehr@tda.state.tx.us, for more information.
TRD-200802000
Dolores Alvarado Hibbs
General Counsel
Texas Department of Agriculture
Filed: April 16, 2008
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 April 4, 2008, through April 10, 2008. As required by federal law, the public is given an opportunity to comment on the consistency of proposed activities in the coastal zone undertaken or authorized by federal agencies. Pursuant to 31 TAC §§506.25, 506.32, and 506.41, the public comment period for this activity extends 30 days from the date published on the Coastal Coordination Council web site. The notice was published on the web site on April 16, 2008. The public comment period for this project will close at 5:00 p.m. on May 16, 2008.
FEDERAL AGENCY ACTIONS:
Applicant: South Texas Bayfront Properties; Location: The project is located along Carancahua Bay, at 22007 Highway 172, in the City of Port Lavaca, Jackson County, Texas. The project can be located on the U.S.G.S. quadrangle map entitled: Olivia, Texas. Approximate UTM Coordinates in NAD 83 (meters): Zone 14; Easting: 750211; Northing: 3179320. Project Description: The applicant proposes to construct 47 piers, one each on 47 lots, and dredge 13 cubic yards for a 30-foot-long by 14-foot-wide boat ramp in the Sunrise Bay Subdivision. Each pier will be 200-foot-long by 4-foot-wide with a 10-foot-long by 30-foot-wide L-head. The dredge material will be placed on an upland site within the project area. CCC Project No.: 08-0117-F1. Type of Application: U.S.A.C.E. permit application #SWG-2007-00075 is being evaluated under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. §403).
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-200801976
Larry L. Laine
Chief Clerk/Deputy Land Commissioner, General Land Office
Coastal Coordination Council
Filed: April 15, 2008
Notice of Request for Proposals
Pursuant to Chapter 403, §§403.011, 403.105, 403.1041, and 403.1069; and Chapter 404, Subchapter G, §§404.103, 404.104, and 404.104(c); and Chapter 2254, Subchapter A, and Chapter 2256, Texas Government Code, the Comptroller of Public Accounts (Comptroller), on behalf of the Texas Treasury Safekeeping Trust Company (Trust Company), announces issuance of its Request for Proposals (RFP #184b) from qualified, independent firms or individuals to provide professional certified public accountant services for the Trust Company for the purpose of providing financial audits and compliance attestation services (the "Audits") with respect to the (i) Trust Company, (ii) Tobacco Settlement Permanent Trust Account (the "Tobacco Fund"), and (iii) TexPool and TexPool Prime, which are local government investment pools managed by the Texas Comptroller of Public Accounts by and through the Trust Company. The selected contractor or contractors (Contractor) will provide the requested services to the Trust Company to complete one or more Audits. The Trust Company reserves the right to award one or more contracts under this RFP. If approved by the Trust Company, the Contractor will be expected to begin performance of the contract, if any, on or about June 1, 2008.
Contact: Parties interested in submitting a proposal should contact William Clay Harris, Assistant General Counsel, Contracts, Comptroller of Public Accounts, 111 E. 17th St., Room G-24, Austin, Texas 78774, (512) 305-8673, to obtain a complete copy of the RFP. The Comptroller will mail copies of the RFP only to those parties specifically requesting a copy. The RFP will be available for pick-up at the above referenced address on Friday, April 25, 2008, after 10:00 a.m. Central Zone Time (CZT), and during normal business hours thereafter. The Comptroller will also make the entire RFP available electronically on the Electronic State Business Daily after 10:00 a.m. Friday, April 25, 2008. The Electronic State Business Daily (ESBD) website address is http://esbd.cpa.state.tx.us.
Questions: All written inquiries and questions must be received at the above-referenced address not later than 2:00 p.m. (CZT) on Monday, May 5, 2008. Prospective proposers are encouraged to fax Questions to (512) 463-3669 to ensure timely receipt. The Questions must be addressed to William Clay Harris, Assistant General Counsel, Contracts, and must be signed by an official of that entity. On or before Friday, May 9, 2008, the Comptroller expects to post responses to questions as a revision to the ESBD notice of the RFP. Questions received after the deadline will not be considered; respondents shall be solely responsible for ensuring timely receipt of all Questions by the Issuing Office.
Closing Date: Proposals must be delivered to the Office of Assistant General Counsel, Contracts, at the location specified above (ROOM G24) no later than 2:00 p.m. (CZT), on Friday, May 16, 2008. Proposals received in the Issuing Office after this time and date will not be considered. Respondents shall be solely responsible for ensuring the timely receipt of their proposals in the Issuing Office.
Evaluation Criteria: Proposals will be evaluated under the evaluation criteria outlined in the RFP. The Comptroller and Chief Executive Officer of the Trust Company will make the final decision on award(s). The Trust Company reserves the right to accept or reject any or all proposals submitted. The Trust Company is not obligated to execute a contract on the basis of this notice or the distribution of any RFP. Neither the Comptroller, nor the Trust Company shall pay for any costs incurred by any entity in responding to this Notice or the RFP.
The anticipated schedule of events pertaining to this solicitation is as follows: Issuance of RFP - April 25, 2008, after 10:00 a.m. CZT; Questions Due - May 5, 2008, 2:00 p.m. CZT; Official Responses to Questions posted - May 9, 2008; Proposals Due - May 16, 2008, 2:00 p.m. CZT; Contract Execution - June 1, 2008, or as soon thereafter as practical; Commencement of Work - June 1, 2008. Revisions to this schedule, if any, will be posted as revisions to the notice of issuance of this RFP.
TRD-200801988
Pamela Smith
Deputy General Counsel for Contracts
Comptroller of Public Accounts
Filed: April 16, 2008
A. Pursuant to Senate Bill 1458, 77th Texas Legislature codified in Subchapter A, Chapter 111, §111.0045, Texas Tax Code, the Comptroller of Public Accounts (the Comptroller) issues this Request for Qualifications (RFQ #183b) from qualified independent persons or firms to perform certain services. As a clarification, as used in this RFQ #183b and the Comptroller's rules codified at 34 TAC §3.3, the services under any contracts resulting from this RFQ mean tax compliance examination services; such services do not include any attestation services or rendition of an opinion of any nature by any such contractors.
B. The Comptroller issued this RFQ #183b by posting it on the Electronic State Business Daily on April 25, 2008, and, by publishing this RFQ #183b in this issue of the Texas Register. The Comptroller solicits a Statement of Qualifications pursuant to Chapter 2254, Subchapter A, of the Texas Government Code from persons or firms that are interested in contracting with the Comptroller to perform examinations that meet the requirements of §111.0045, Texas Tax Code, administrative rules adopted and procedures established by the Comptroller under that statute, and other applicable law. The Comptroller has adopted a rule governing contract examiners as codified at 34 TAC §3.3. Under this RFQ, the Comptroller reserves the right to select and contract with one or more persons or firms to conduct these examinations on an as-needed basis. No minimum amount of examinations or compensation is guaranteed to any selected contractor.
C. The Comptroller solicits Statements of Qualifications in response to this RFQ from existing contract examiners as well as qualified persons or firms not currently or previously under contract with the Comptroller. All respondents, including contract examiners selected under previous RFQs must attend Mandatory Orientation conducted by the Comptroller prior to receipt of any examination packages under any contract awarded under this RFQ. However, respondents that are existing contractors and have received an official notice of intent to renew contract through August 31, 2009 do not need to submit a response to this RFQ. The contract term under this RFQ shall be for one year ending August 31, 2009 with two (2) renewal options of one (1) year each exercised one (1) year at a time.
D. By this contract examination program, the Comptroller intends to increase the number of examinations of taxpayers. The Comptroller has implemented a program to contract with interested persons and firms that meet the following minimum qualifications and other reasonable qualifications established by the Comptroller consistent with §111.0045, Texas Tax Code, the Comptroller's administrative rules and procedures and other applicable law.
E. The Comptroller will accept Statements of Qualifications in response to this RFQ from firms and individuals that have the following minimum qualifications:
(i) a bachelor's degree from an accredited senior college or university with a minimum of twenty-four (24) hours of accounting, including six (6) hours of intermediate accounting and three hours of auditing; and
(ii) one (1) year of experience in Texas tax auditing, accounting, or other Texas tax services.
F. For state fiscal year 2009 beginning September 1, 2008, the Comptroller will select, in its sole discretion, those qualified contract examiners to perform examinations on an as-needed and as-assigned basis that the Comptroller identifies as appropriate for inclusion in such contracts. At the time of assignment, the Comptroller will provide selected contract examiners with a preliminary examination package containing the identity and requisite information for each taxpayer that will be examined under the contract. The contracts will provide for one or more awards of not to exceed $180,000 firm fixed price payment to the examiner upon successful completion of the assigned examinations (final examination package) and the Comptroller's written acceptance of the examination report and other contract deliverables, including workpapers. Awards shall be based on the qualifications of the examiners proposed in the Statement of Qualifications submitted. Individual examiners submitting Statements of Qualification who have no other examiner employees shall be considered, in the Comptroller's sole discretion, for one (1) initial $33,000 award and an additional award contingent upon satisfactory performance during the designated milestone periods. Firms in the form of any business entity that may lawfully perform examinations and which have two (2) or more examiners may be considered, in the Comptroller's sole discretion, not to exceed $180,000 per fiscal year during the Contract term, for multiple initial awards per firm of $33,000 for each qualifying examiner and additional awards contingent upon satisfactory performance during the designated milestone periods, Barring unforeseen circumstances only one (1) round of initial awards will be made at the beginning of the one (1) year initial contract term; however, the Comptroller reserves the right, in its sole discretion, to make additional awards during the one (1) year initial contract term. The Comptroller reserves the right, in its sole discretion, to reallocate, after their initial assignment, examination packages among contract examiners based on the Contractor's substantial performance or non-performance under the Contract terms so as to increase or decrease the number of examinations assigned to a particular contract examiner. Payment will be made in accordance with the terms of the Contract. Each Contract will require the examiner to perform and complete the examinations, including the examination reports, for a group of taxpayers that, based on historical examination completion data, should require about 640 person hours of work for each $30,000 amount to complete at the rate of $46.88 per hour. The estimated hours will be calculated based on the average number of hours required in the past to complete the examinations of each type of business during a period to be determined at the sole discretion of the Comptroller, notwithstanding the fact that a previous examination of a specific taxpayer or business may have required more or less hours than the average. Examiners will be paid for assigned work completed to date in $10,000 increments (except the last payment, if applicable) upon completion of a set number of the examinations assigned as determined by the Comptroller and, upon submission to and acceptance by the Comptroller as provided in the Agreement.
G. In performing assigned examinations and for the contracted lump sum payments, selected contract examiners will complete all work necessary to identify the correct amount of tax that should have been reported by each taxpayer and provide the Comptroller with the data and other information necessary to support any assessment of tax or refund of tax that results from the examination report. Selected contract examiners will also provide any time reports and other written documentation required by the Comptroller. The Comptroller will not make any payments in advance.
H. Under this RFQ, the maximum contract amount paid to any individual examiner without additional examiner employees, an individual examiner with additional examiner employees or a firm with multiple examiners will not exceed $180,000.00 for the FY 2009.
I. Selected contract examiners must complete all work and submit all examination reports, workpapers and other deliverables no later than required under the terms of the proposed Agreement.
J. Selected contract examiners must meet professional conflict of interest standards and other standards established by the Comptroller to ensure the independence of each assigned examination.
K. Regarding prior employment with the Comptroller, the following provisions shall apply in determining eligibility for contract awards, if any, resulting from this RFQ:
L. Section 2252.901, Texas Government Code reads as follows: "(a) A state agency may not enter into an employment contract, a professional services contract under Chapter 2254, or a consulting services contract under Chapter 2254 with a former or retired employee of the agency before the first anniversary of the last date on which the individual was employed by the agency, if appropriated money will be used to make payments under the Agreement. This section does not prohibit an agency from entering into a professional services contract with a corporation, firm, or other business entity that employs a former or retired employee of the agency within one year of the employee's leaving the agency, provided that the former or retired employee does not perform services on projects for the corporation, firm, or other business entity that the employee worked on while employed by the agency."
It is the Comptroller's policy that an individual employed by the Comptroller during the last twelve (12) months may not provide services under the Contract as individual or employee of Contractor or another Contractor and may not receive any compensation under the Contract. The twelve (12) month period is measured from the date of separation from Comptroller employment until the date responses to this RFQ are due as stated on Page 4 of the RFQ as posted in the Electronic State Business Daily.
Section 572.054, Texas Government Code, reads in pertinent part as follows: "(b) A former state officer or employee of a regulatory agency who ceases service or employment with that agency on or after January 1, 1992, may not represent any person or receive compensation for services rendered on behalf of any person regarding a particular matter in which the former officer or employee participated during the period of state service or employment, either through personal involvement or because the case or proceeding was a matter within the officer's or employee's official responsibility. (c) Subsection (b) applies only to: (1) a state officer of a regulatory agency; or (2) a state employee of a regulatory agency who is compensated, as of the last date of state employment, at or above the amount prescribed by the General Appropriations Act for step 1, salary group 17, of the position classification salary schedule, including an employee who is exempt from the state's position classification plan."
Section 572.054(b) prohibition against working on matters that the former employee participated in while employed by the Comptroller applies without limitation to any such past actions by the employee even if longer than twelve (12) months, if the employee's compensation exceeded $33,000 annually while employed by the Comptroller at any time during that employee's employment with the Comptroller. Again, it is the Comptroller's policy interpretation that "matter" includes specific examinations of taxpayers.
M. Time is of the essence in implementation of this program. Respondents to this RFQ must be available to begin accepting assignments no later than September 2, 2008 upon completion of orientation or other timelines established by the Comptroller for such implementation. The Comptroller anticipates awarding multiple Agreements as a result of this RFQ and will not entertain negotiation of the basic terms and conditions. All respondents will be offered the same contract terms and conditions. Respondents should not respond to this RFQ if they cannot agree to the terms and conditions of the sample Agreement. Any resulting Agreements are non-exclusive and the Comptroller may issue additional solicitations for the contracted services at any time. The Comptroller is not obligated to assign any examinations to recipients of contract awards.
N. Questions; Proposed Contract: Questions concerning this RFQ must be in writing and submitted via hand delivery, facsimile, or E-mail no later than May 9, 2008, 2:00 p.m., Central Zone Time (CZT) to Thomas H. Hill, Assistant General Counsel, Contracts, General Counsel Division, Comptroller of Public Accounts, 111 E. 17th St., ROOM G-24, Austin, Texas, 78774, telephone number: (512) 305-8673, facsimile (512) 463-3669 or E-mail at contracts@cpa.state.tx.us. The Comptroller's official response to questions received by this deadline will be posted as an addendum to the Electronic State Business Daily notice as soon as possible after receipt; the Comptroller expects to post these official responses no later than May 16, 2008 or as soon thereafter as practicable. Respondents should note that the Official Response to Questions may contain information modifying the terms and conditions of the RFQ, revising or amending the RFQ and/or other documents attached to the RFQ. For these reasons, respondents should carefully review and consider the Official Response to Questions, amendments or modifications before submitting their Statements of Qualification. A copy of the sample contract, the standard form Respondent Questionnaire described below, mandatory Execution of Statement of Qualifications Form, Required Checklist for Statements of Qualification, and other required documents are all attached to this RFQ for reference and use by respondents.
O. Closing Date: An original with original ink signatures on each document within the Statement of Qualifications requiring signatures and ten (10) hard copies of each Statement of Qualifications clearly marked as copies must be overnighted or hand delivered to and received in the Office of the Assistant General Counsel, Contracts, at the address specified above no later than 2:00 p.m. (CZT), on June 2, 2008. Statements of Qualification received after this time and date will not be considered. No Statements of Qualification will be accepted in any other format or media other than hard copy. Respondents shall be solely responsible for confirming the timely receipt of Statements of Qualifications.
P. Content: Statements of Qualifications must include all of the following information in order to be considered:
1. Checklist in format of Exhibit F to this RFQ as posted on the addenda to the Electronic State Business Daily notice of issuance of this RFQ;
2. Transmittal letter that (a) describes specific experience and qualifications of both the firm and each individual in the conduct of state tax examinations; and (b) outlines the respondent's understanding of §111.0045, Texas Tax Code, other relevant provisions of the Texas Tax Code and other related enabling legislation related to conduct of these examinations on an as needed basis;
3. Respondent Identifying Information.
The respondent must provide the following identifying information:
a. name and address of the individual or business entity submitting the proposal;
b. names of all principals;
c. type of business entity (i.e. sole proprietorship, corporation, partnership, limited liability company, etc);
d. state of incorporation or organization and principal place of business (attach copies of articles or other certificates showing official approval by the pertinent governmental entity);
e. name and location of each local examination facility that relates to the respondent's performance under this RFQ;
f. name, address, business and home telephone number, fax number, cell phone number, and e-mail address of the respondent's principal contact person regarding the Contract;
g. the respondent's Federal Employer Identification Number and Texas Tax Identification/Registration Number, if any;
h. full name and address, telephone number, fax number, cell phone number and e-mail address for each shareholder, member, partner, and employee of the respondent who will perform services on the Contract;
i. detail any firm ownership changes which have occurred in the last three years. Are any changes pending?
j. detail any joint ventures or affiliations.
4. Respondent Questionnaire Exhibit A to the RFQ for each individual who will be involved in the project. The Respondent Questionnaire must be on the form contained on the addenda to the Electronic State Business Daily notice of issuance of this RFQ. The response to the RFQ must disclose all personnel who will perform professional services under the terms of the Agreement. Respondent understands only those persons disclosed by the Respondent Questionnaire will be admitted to the required orientation classes. This provision will be strictly enforced. All information on the Respondent Questionnaire form must be fully filled out and complete in all respects. Evaluation of respondents will be based in part on the information on this form and it is vitally important that the information be fully complete and accurate. Failure to submit a complete, separate, and signed Respondent Questionnaire detailing all courses, dates, and subject of courses by each person who applies to perform examination services may result in disqualification of the Statement of Qualifications;
5. A sample Examination Plan providing a list of the examination procedures and resources that will be utilized to conduct these examinations on an as needed basis if selected by the Comptroller. The Examination plan should list or describe the actual procedures to be used in sufficient detail so as to demonstrate an understanding of internal control, record keeping, and taxpayer reporting responsibilities for sales tax and the appropriate examination procedures necessary for verification of correct amounts of tax. The sample Examination Plan must include all items contained in the General Audit Checklist section of the Comptroller's Auditing Fundamentals Manual, Chapter 3, and all items contained in the Audit Plan published in Chapter 4 of the Comptroller's Sales Tax Audit Policy/Procedures Manual. The sample examination plan should include all necessary procedures and instructions for completing those procedures in sufficient detail to allow any person who meets the one year experience requirement in 34 TAC §3.3 to properly perform a sales and use tax examination with minimal supervision. If portions of any Comptroller publication, manual, or other document are used to prepare the examination plan or incorporated into the plan, the most current version must be used. The Comptroller's audit manuals may be found at the following internet location:
http://www.window.state.tx.us/taxinfo/audit/auditman.htm. Also see the Comptroller's Auditing Fundamentals Manual, Chapter 3 and 4 at http://www.window.state.tx.us/taxinfo/audit/auditfun/3aplan.htm and http://www.window.state.tx.us/taxinfo/audit/auditfun/4entranc.htm, respectively. Chapter 3 and 4 of the Sales Tax Policy/Procedure Manual are at http://www.window.state.tx.us/taxinfo/audit/salestax/3a.htm and http://www.window.state.tx.us/taxinfo/audit/salestax/4a.htm, respectively;
6. Proposed sample Workplan (including Timeline, Tasks and Deliverables) to implement each of the examinations after assignment, including (a) methods for deploying personnel and equipment to perform the examinations timely and otherwise in accordance with each contractual requirement; (b) methods for making personnel available for orientation and examination; (c) date availability for each of the personnel to perform assigned examinations; (d) methods for conducting preliminary (prior to receipt of taxpayer questionnaire) and final (after receipt of taxpayer questionnaire) conflicts checks regarding actual or potential conflicts of interest and notifying the Comptroller prior to accepting or beginning an assignment, and (e) an understanding of the Audit Flowchart Timelines contained in the appendix of the Comptroller's Audit Fundamentals Manual;
7. Statement of whether or not the respondent is a Historically Underutilized Business (HUB) and its efforts and willingness of the respondent to comply with the HUB requirements of Texas law and administrative rules and regulations. In order to be a Historically Underutilized Business, a respondent must be registered as such with the Comptroller's Texas Purchasing and Support Services Division to its rules and regulations concerning the same. You may check the website at http://www.window.state.tx.us/procurement/prog/hub/hub-certification/ or call the Comptroller's HUB Coordinator, Hilda Galaviz at (512) 463-3911;
8. Confirmation of understanding of and willingness to comply with the policies, directives, rules, procedures and guidelines of the Comptroller and other Standards of Performance established by the Comptroller for the conduct of the assigned examinations;
9. Confirmation of understanding of and willingness to adhere to all provisions of the sample Agreement, including, without limitation, the proposed fee arrangements, as posted on the addenda to the Electronic State Business Daily notice of issuance of this RFQ;
10. Completed, initialed where applicable, and signed Execution of Statement of Qualifications Form on Exhibit B as posted on the addenda to the Electronic State Business Daily notice of issuance of this RFQ;
11. Completed and signed Nondisclosure Agreement on the form set out on Exhibit D to this RFQ as posted on the addenda to the Electronic State Business Daily notice of issuance of this RFQ;
12. Signed letter or letters from a qualified insurance agent or agents containing quotations for ALL OF the required insurance coverages set out in Section VIII of the Agreement for Professional Services and stating that the coverages are available to the respondent upon selection, if any, of the contract examiner pursuant to this RFQ. In the alternative, respondents may submit current certificates of insurance showing the required coverage is already in force and in effect. Failure to provide information on EACH of the required coverages may result in disqualification of the Respondent's Statement of Qualifications. Respondent's insurance agents shall be ready to immediately issue policies and certificates upon notification of the respondent's selection. Time is of the essence and no Agreements will be executed without the coverage required. A successful respondent's preliminary selection may be rescinded due to failure to have the required insurance coverage by the time set by the Comptroller;
13. Completed, signed, and initialed where applicable Criminal History Certification on the form set out on Exhibit E to this RFQ as posted on the addenda to the Electronic State Business Daily notice of issuance of this RFQ;
14. Signed Statement of representation that the respondent and any persons holding equity interests in respondent and all persons listed as examiners in its Statement of Qualifications are neither respondents under any other Statement of Qualifications responding to this RFQ, nor are employed by, contracted with, and do not own any equity or debt interest in any other respondent to this RFQ; and
15. Compliance with any amendments, modifications, or other requirements and changes to the RFQ set out in the Official Response to Questions in connection with this RFQ and posted by the Comptroller on the Electronic State Business Daily prior to the Closing Date for this RFQ. The above 15 items shall be submitted in the respondent's Statement of Qualification as separate and independent numbered sections corresponding to the above items. Failure to properly label and fully respond to each of the 15 items above may result in disqualification of the respondent but the Comptroller reserves the right to waive minor variations in responses in the best interests of the Comptroller and of the State of Texas.
Q. Mandatory Orientation Session: All respondents must attend, at their sole cost and expense, mandatory orientation session to be conducted by the Comptroller in Austin on July 29, 2008 through July 31, 2008 or as soon thereafter as possible. Questions regarding this mandatory session should be submitted prior to the deadline for submission of other written questions on this RFQ.
R. Evaluation and Award Procedure: All qualifying Statements of Qualifications received by the deadline above will be evaluated based on the evaluation criteria set out on Exhibit H to this RFQ as posted on the addenda to the Electronic State Business Daily notice of issuance of this RFQ. The Comptroller will make the final selections in accordance with Chapter 2254, Subchapter A, Texas Government Code in its sole discretion in the best interests of the Comptroller and the State of Texas. Successful Respondents will be notified by e-mail of their preliminary selection prior to the Mandatory Orientation Session. Notice of contract awards will be published in the Electronic State Business Daily and the Texas Register as soon as possible after all Agreements , if any, resulting from this Statement of Qualifications, are fully executed. Respondents who do not receive a preliminary selection e-mail notice before the Orientation Session should assume that they were not selected although the official notice of award will be not be published at the time of the Mandatory Orientation Session but will be posted at the time stated in the Summary of Schedule in the last paragraph of this RFQ or as soon as practical thereafter. The Electronic State Business Daily may be accessed online at: http://esbd.tbpc.state.tx.us/.
S. Protests. Protests regarding this RFQ or actions taken under it shall be governed by the Comptroller's rule located at 34 TAC §1.72, Protests of Agency Purchases.
T. Limitations: The Comptroller reserves the right to accept or reject any or all Statements of Qualifications submitted in response to this RFQ. The Comptroller reserves the further right to evaluate individual examiners employed by a firm or who are employees of a respondent and approve of contract examiners on an individual basis based on the evaluation criteria. The Comptroller is not obligated to execute any contract or contracts or any specific number of contracts as a result of issuing this RFQ. The Comptroller further reserves the right to issue additional RFQs or other solicitations for the contracted or similar services at any time as the Comptroller determines are necessary to ensure an adequate number of examiners for any assigned examination under this program or any similar program. The Comptroller shall pay no costs or any other amounts incurred by any entity in responding to this RFQ. The Comptroller reserves the right to award contracts on the basis of the need to achieve appropriate examination coverage in all geographical areas of the State of Texas and/or nationwide and to evaluate respondents in a manner that will best achieve this need.
U. Under House Bill 3430, 80th Texas Legislature, (transferring §2177.052, Texas Government Code, to Chapter 322 Texas Government Code and redesignating it as §322.020), and as per the following requirements, upon written request by the Comptroller prior to contract signature, the Successful Respondents must provide to the Comptroller with electronic copies of its complete Statement of Qualifications. Successful Respondents shall deliver to the Comptroller a total of four (4) CDs with the following material prior to its signature on the contract, if any, resulting from this RFQ:
* Two CDs, each containing a complete copy of the Successful Respondent's Statement of Qualifications in PDF format. A complete copy of the Proposal includes all documents contained in the Statement of Qualifications submitted in response to this RFQ including those documents with the Successful Respondent's signature. These two identical CDs should be titled: "Complete copy of [Name of the Successful Respondent]'s Statement of Qualifications responding to Comptroller's RFQ #183b."
* Two CDs, each containing a copy of the Successful Respondent's Statement of Qualifications which the Successful Respondent has excised, blacked out, or otherwise redacted information from its Statement of Qualifications that the Successful Respondent considers to be confidential and exempt from public disclosure under the Texas Public Information Act, Chapter 552 of the Texas Government Code (this should be a de minims portion, if any, of the Successful Respondent's Statement of Qualifications, such as social security numbers or e-mail addresses). Each CD shall also contain an Appendix for the Successful Respondent's Statement of Qualifications which provides a cross reference for the location of each piece of material redacted by the Successful Respondent and a general description of the redacted information. These two identical CDs should be titled "For Public Release: Redacted Version of [Name of the Successful Respondent]'s Statement of Qualifications and Appendix responding to Comptroller's RFQ #183b."
V. Summary of Schedule: The anticipated schedule is as follows: Issuance of RFQ by publication in the April 25, 2008 issue of the Texas Register and issuance of RFQ, including sample contract, on Electronic State Business Daily - April 25, 2008, 10:00 a.m. CZT; Questions Due - May 9 , 2008, 2:00 p.m. CZT; Posting of Official Responses to Questions - May 16, 2008, 5:00 p.m. CZT or as soon thereafter as practical; Statements of Qualification Due - Monday, June 2, 2008, 2:00 p.m. CZT; Mandatory Orientation - July 29, 2008 through July 31, 2008; Contract Execution - August 15, 2008, or as soon thereafter as practical; Notice of Contract Awards posted on Electronic State Business Daily and Texas Register - August 15, 2008 or as soon thereafter as practical; and Beginning of Examinations - September 2, 2008 upon completion of Orientation and Contract signature, or as soon thereafter as practical.
TRD-200801981
Pamela Smith
Deputy General Counsel for Contracts
Comptroller of Public Accounts
Filed: April 15, 2008
The Consumer Credit Commissioner of Texas has ascertained the following rate ceilings by use of the formulas and methods described in §303.003 and §303.009, Texas Finance Code.
The weekly ceiling as prescribed by §303.003 and §303.009 for the period of 04/21/08 - 04/27/08 is 18% for Consumer1 /Agricultural/Commercial2/credit through $250,000.
The weekly ceiling as prescribed by §303.003 and §303.009 for the period of 04/21/08 - 04/27/08 is 18% for Commercial over $250,000.
1Credit for personal, family or household use.
2Credit for business, commercial, investment or other similar purpose.
TRD-200801966
Leslie L. Pettijohn
Commissioner
Office of Consumer Credit Commissioner
Filed: April 15, 2008
Applications for a Merger or Consolidation
Notice is given that the following application has been filed with the Credit Union Department and is under consideration:
An application was received from America's Credit Union (Garland) seeking approval to merge with Garland Federal Credit Union (Garland). America's Credit Union will be the surviving credit union. In accordance with Texas Finance Code §122.005(b) and 7 TAC §91.104(b), the Commissioner has the authority to waive or delay public notice of an action.
An application was received from Smart Financial Credit Union (Houston) seeking approval to merge with Key Federal Credit Union (Houston). Smart Financial Credit Union will be the surviving credit union.
Comments or a request for a meeting by any interested party relating to an application must be submitted in writing within 30 days from the date of this publication. Any written comments must provide all information that the interested party wishes the Department to consider in evaluating the application. All information received will be weighed during consideration of the merits of an application. Comments or a request for a meeting should be addressed to the Texas Credit Union Department, 914 East Anderson Lane, Austin, Texas 78752-1699.
TRD-200801987
Harold E. Feeney
Commissioner
Credit Union Department
Filed: April 16, 2008
Notice is given that the following applications have been filed with the Credit Union Department and are under consideration:
An application was received from United Credit Union, Tyler, Texas to expand its field of membership. The proposal would permit persons who live, work, worship or attend school in Smith County, Texas, to be eligible for membership in the credit union.
An application was received from First Service Credit Union, Houston, Texas (#1) to expand its field of membership. The proposal would permit employees of Frontier Drilling who work in or are paid from Houston, Texas, to be eligible for membership in the credit union.
An application was received from First Service Credit Union, Houston, Texas (#2) to expand its field of membership. The proposal would permit employees of House of Forgings, Inc. who work in or are paid from Houston, Texas, to be eligible for membership in the credit union.
An application was received from First United Credit Union, Tyler, Texas to expand its field of membership. The proposal would permit persons who live, work, worship, attend school and businesses located within a ten (10) mile radius of First United Credit Union's office located at 3304 S. Broadway, Suite 102, Tyler, Texas 75701, to be eligible for membership in the credit union.
Comments or a request for a meeting by any interested party relating to an application must be submitted in writing within 30 days from the date of this publication. Credit unions that wish to comment on any application must also complete a Notice of Protest form. The form may be obtained by contacting the Department at (512) 837-9236 or downloading the form at http://www.tcud.state.tx.us/applications.html. Any written comments must provide all information that the interested party wishes the Department to consider in evaluating the application. All information received will be weighed during consideration of the merits of an application. Comments or a request for a meeting should be addressed to the Texas Credit Union Department, 914 East Anderson Lane, Austin, Texas 78752-1699.
TRD-200801986
Harold E. Feeney
Commissioner
Credit Union Department
Filed: April 16, 2008
Request for Quotations for Uninterrupted Power Supply System
I. Overview
The Deep East Texas Council of Governments (DETCOG) is now accepting quotes for Uninterrupted Power Supply's (UPS) for the region's Public Safety Answering Points (PSAPs). Quotation documents may be picked up at the DETCOG office at 210 Premier Dr., Jasper, Texas 75951 through May 12, 2008 at 5:00 p.m.
II. Obtaining Full Request for Quotations (RFQ) and Submission Information
The Full RFQ can be obtained at http://detcog.org or by contacting:
Bobbie Stott, Purchasing Officer
Phone: (409) 384-5704 x 245
Fax: (409) 384-5390
E-mail: bstott@detcog.org
TRD-200801980
Walter G. Diggles, Sr.
Executive Director
Deep East Texas Council of Governments
Filed: April 15, 2008
Request for Applications Concerning the Even Start Family Literacy Competitive Grant, 2008-2009
Eligible Applicants. The Texas Education Agency (TEA) is requesting applications under Request for Applications (RFA) #701-08-109 for the implementation of Even Start Family Literacy Programs from eligible partnerships composed of (1) a public school district or open-enrollment charter school; and (2) one or more of the following entities: (a) a nonprofit community-based organization, (b) a public agency, (c) an institution of higher education, or (d) a public or private nonprofit organization of demonstrated quality other than a local educational agency. An education service center (ESC) may apply only as fiscal agent of an eligible partnership.
Description. The purpose of the Even Start Family Literacy Program is to help parents become full partners in their children's education; help children reach their full potential as learners; provide literacy training for parents; assist families with parenting strategies in child growth and development and the educational process for children ages birth through 7 years; and coordinate efforts that build on existing community resources. The goal is to help break the cycle of poverty and illiteracy by improving educational opportunities of low-income families by integrating early childhood education, parenting education, and adult education into a unified family-centered program.
Applicants must identify and recruit families most in need of services provided under Even Start, as indicated by a low level of income, a low level of adult literacy, or a low level of English language proficiency of the eligible parent or parents. Applicants must provide high-quality, intensive instructional programs that promote adult literacy, empower parents to support the educational growth of their children, provide developmentally appropriate early childhood educational services, and prepare children for success in regular school programs.
Dates of Project. The Even Start Family Literacy Grant will be implemented during the 2008-2009 school year. Applicants should plan for a starting date of no earlier than September 1, 2008, and an ending date of no later than August 31, 2009.
Project Amount. Funding will be provided for approximately 12 projects. Each project will receive a maximum of $200,000 for the 2008-2009 school year. Project funding in the second year will be based on satisfactory progress of the first-year objectives and activities, on general budget approval by the commissioner of education, and on appropriations by the U.S. Congress. This project is funded 90 percent from federal funds and 10 percent from local cost share match, which may be provided from other federal, state, or local sources.
Selection Criteria. Applications will be selected based on the ability of each applicant to carry out all requirements contained in the RFA. Reviewers will evaluate applications based on the overall quality and validity of the proposed grant programs and the extent to which the applications address the primary objectives and intent of the project. Applications must address each requirement as specified in the RFA to be considered for funding. Special consideration (or priority) will be given to applicants that propose to serve a population that contains at least 75 percent economically disadvantaged students and that meets at least one of the three criteria of illiteracy, unemployment, or limited English proficiency as specified in the RFA. In addition, priority points will be awarded to programs located in an Empowerment Zone or Enterprise Community. Additionally, programs that have operated an Even Start grant in the past three years will be awarded priority points based on meeting or exceeding specific state targets or performance measures as listed in Part 2: Program Guidelines of the RFA. TEA reserves the right to select from the highest-ranking applications those that address all requirements in the RFA.
TEA is not obligated to approve an application, provide funds, or endorse any application submitted in response to this RFA. This RFA does not commit TEA to pay any costs before an application is approved. The issuance of this RFA does not obligate TEA to award a grant or pay any costs incurred in preparing a response.
Requesting the Application. A complete copy of the RFA may be obtained by writing the Document Control Center, Room 6-108, Texas Education Agency, William B. Travis Building, 1701 North Congress Avenue, Austin, Texas 78701; by calling (512) 463-9304; by faxing (512) 463-9811; or by e-mailing dcc@tea.state.tx.us. Please refer to the RFA number and title in your request. Provide your name, complete mailing address, and phone number including area code. The announcement letter and complete RFA will also be posted on the TEA website at http://burleson.tea.state.tx.us/GrantOpportunities/forms. In the "Select Search Options" box, select the name of the RFA from the drop-down list. Scroll down to the "Application and Support Information" section to view all documents that pertain to this RFA.
Applicant's Conference. An applicant's conference will be held on May 12, 2008, from 9:00 a.m. until 12:00 p.m. via the Texas Educational Telecommunication Network (TETN) available at each regional ESC (TETN Event #30915). To locate the nearest TETN facility, applicants should contact the TETN site manager at their regional ESC. A complete list of ESCs, including contact information, is available on the TEA website at http://www.tea.state.tx.us/ESC/. Questions relevant to the RFA may be sent to Elizabeth Thompson at ethompson@hcde-texas.org or faxed to (713) 636-0797 prior to May 8, 2008. These questions, along with other information, will be addressed in the presentation. The conference will be open to all potential applicants and will provide general and clarifying information about the program and RFA.
The entire applicant's conference will be digitally recorded and streamed over the Internet. Prospective applicants who are not able to attend the applicant's conference may request a password and procedures to download the video stream from the TETN site manager at their local ESC.
Further Information. For clarifying information about the RFA, contact Elizabeth Thompson, Texas LEARNS, Harris County Department of Education, (713) 696-0700. In order to assure that no prospective applicant may obtain a competitive advantage because of acquisition of information unknown to other prospective applicants, any information that is different from or in addition to information provided in the RFA will be provided only in response to written inquiries. Copies of all such inquiries and the written answers thereto will be posted on the TEA website in the format of Frequently Asked Questions (FAQs) at http://burleson.tea.state.tx.us/GrantOpportunities/forms. In the "Select Search Options" box, select the name of the RFA from the drop-down list. Scroll down to the "Application and Support Information" section to view all documents that pertain to this RFA.
Deadline for Receipt of Applications. Applications must be received in the TEA Document Control Center by 5:00 p.m. (Central Time), Tuesday, July 8, 2008, to be eligible to be considered for funding.
TRD-200801989
Cristina De La Fuente-Valadez
Director, Policy Coordination
Texas Education Agency
Filed: April 16, 2008
Regarding Rulemaking Proceeding to Repeal and Replace §251.10, Relating to Revised Guidelines for Implementing E9-1-1 Service
The staff of the Commission on State Emergency Communications (CSEC) requests that interested persons file comments on the repeal and replacement of §251.10, relating to Revised Guidelines for Implementing E9-1-1 Service Location. The strawman rule can be viewed in the "What's New" section of CSEC's website: http://www.911.state.tx.us.
At a future Open Meeting, CSEC staff intends to recommend that existing §251.10 be repealed and replaced with a new §251.10. The repeal and replacement approach is being utilized by CSEC staff due to the considerable number of changes to the existing rule. Prior to proposing a new §251.10, CSEC staff seeks comments on the strawman replacement rule.
Comments on the strawman may be submitted in writing within 30 days after publication of this notice in the Texas Register to: Patrick Tyler, General Counsel, Commission on State Emergency Communications, 333 Guadalupe Street, Suite 2-212, Austin, Texas 78701-3942 or via facsimile to Patrick Tyler at (512) 305-6937. Comments should reference §251.10 in the title or subject line (including the facsimile cover sheet).
Questions concerning this notice should be referred to Darlene Hill, Contract Specialist, at 1-800-562-0911 or (512) 305-6922; or via e-mail to darlene.hill@csec.state.tx.us. Hearing and speech-impaired individuals with text telephones (TTY) may contact CSEC at (512) 305-6925.
TRD-200801999
Patrick Tyler
General Counsel
Commission on State Emergency Communications
Filed: April 16, 2008
Regarding Revisions to §251.2, Relating to Guidelines for Changing or Extending 9-1-1 Service Arrangements, and §251.7, Relating to Guidelines for Implementing Integrated Services
As part of its required rule review of §251.2 and 251.7, the staff of the Commission on State Emergency Communications (CSEC) has determined that substantive changes need to be proposed to the existing rules. In order to develop such proposals, CSEC requests that interested persons file comments to the following questions:
Regional Internet Protocol (IP) Network to Interconnect Public Safety Answering Points (PSAPs)
I. In the planning and design of a high-availability regional IP Network to interconnect PSAPs:
1. What level of fault tolerance should be achieved?
2. What are the exceptional conditions that the regional IP Network should be capable of handling?
3. What are the mission critical components and how are they determined?
4. To what extent must the following be applied to the regional IP Network design to ensure continuity of operations:
a. Redundancy;
b. Replication; and
c. Diversity of trunking/transport path?
5. What criteria should be used to determine the following:
a. Host/remote ratio;
b. Bandwidth;
c. Committed bit rate;
d. Quality of Service (QoS); and
e. Minimum and maximum number of days/hours, the regional IP Network and/or PSAP be expected to function on a diminished capacity?
6. Do the following contribute to the fault tolerance and/or continuity of operations of the regional IP Network and, if so, in what way and to what extent:
a. Status monitoring of network elements;
b. Status monitoring of Customer Premises Equipment; and
c. Remote diagnostics?
7. What are current and potential security threats to the regional IP Network and the interconnected PSAPs that must be addressed?
8. In order to reduce the risk of security breaches, improve detection and response capabilities, facilitate advanced change management practices, and increase the ease of access for authorized users, what do you recommend, at a minimum, for the following:
a. Security policies and procedures;
b. Perimeter security measures;
c. Authentication and authorization systems;
d. Access control devices;
e. Public key infrastructure (PKI), if appropriate/applicable; and
f. Standalone call-taking capabilities to be integrated, such as supplemental location information, call recording and playback, Texas Law Enforcement Teletype Services (TLETS), Computer Aided Dispatch Gateway, and Information Management Systems?
9. What are the minimum requirements for the following:
a. Facilities housing network components and equipment; and
b. Security of the facilities housing the network components and equipment?
II. In the implementation of a regional IP Network to interconnect PSAPs, what level of acceptance testing and verification is minimally required to establish the following:
1. The desired fault tolerance has been achieved;
2. Interconnectivity between PSAPs;
3. Integration of standalone call-taking capabilities; and
4. The effectiveness of the security measures in place?
III. In the ongoing maintenance of a regional IP Network to interconnect PSAPs, how often should:
1. QoS be re-tested/evaluated; and
2. Controlled penetration tests be conducted?
3. Should remedial measures that require a network design change be contractually warranted?
IV. What other factors and issues must be considered for the planning, design, implementation and maintenance of a regional IP Network to interconnect PSAPs?
Based on the comments received, CSEC staff intends to propose amendments to §251.2 and §251.7 at a future Open Meeting.
Comments may be submitted in writing within 30 days after publication of this notice in the Texas Register to: Patrick Tyler, General Counsel, Commission on State Emergency Communications, 333 Guadalupe Street, Suite 2-212, Austin, Texas 78701-3942 or via facsimile to Patrick Tyler at (512) 305-6937. Comments should reference §251.2 and §251.7 in the title or subject line (including the facsimile cover sheet).
Questions concerning this notice or the questions should be referred to Susan Seet, Chief Program Technical Officer, at 1-800-562-0911 or (512) 305-6917; or via e-mail to susan.seet@csec.state.tx.us. Hearing and speech-impaired individuals with text telephones (TTY) may contact CSEC at (512) 305-6925.
TRD-200802002
Patrick Tyler
General Counsel
Commission on State Emergency Communications
Filed: April 16, 2008
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 May 26, 2008 . 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 May 26, 2008. Written comments may also be sent by facsimile machine to the enforcement coordinator at (512) 239-2550. The commission enforcement coordinators are available to discuss the AOs and/or the comment procedure at the listed phone numbers; however, §7.075 provides that comments on the AOs shall be submitted to the commission in writing.
(1) COMPANY: City of Boyd; DOCKET NUMBER: 2007-1945-PWS-E; IDENTIFIER: RN101387496; LOCATION: Boyd, Wise County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 Texas Administrative Code (TAC) §290.41(c)(1)(C) and Agreed Order Docket Number 2005-0507-PWS-E, Ordering Provision 2.c.iii., by failing to locate/construct all wells at a distance greater than 500 feet from the animal feed lots; 30 TAC §290.41(c)(1)(F) and Agreed Order Docket Number 2005-0507-PWS-E, Ordering Provision 2.c.i., by failing to secure a sanitary control easement; 30 TAC §290.43(c)(8) and Agreed Order Docket Number 2005-0507-PWS-E, Ordering Provision 2.a.iii., by failing to maintain the system's 30,000 gallon elevated storage tank; 30 TAC §290.44(d) and Agreed Order Docket Number 2005-0507-PWS-E, Ordering Provision 2.b.vi., by failing to maintain and operate the water system to provide a minimum pressure of 35 pounds per square inch (psi) throughout the distribution system; 30 TAC §290.42(l) and Agreed Order Docket Number 2005-0507-PWS-E, Ordering Provision 2.b.iii, by failing to keep a thorough plant operations manual for operator review and reference; and 30 TAC §290.121(a) and Agreed Order Docket Number 2005-0507-PWS-E, Ordering Provision 2.b.i., by failing to complete and maintain an up-to-date chemical and microbiological monitoring plan; PENALTY: $2,580; Supplemental Environmental Project (SEP) offset amount of $2,580 applied to Texas Association of Resource Conservation and Development Areas, Inc. ("RC&D") - Water or Wastewater Treatment; ENFORCEMENT COORDINATOR: Andrea Linson-Mgbeoduru, (512) 239-1482; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(2) COMPANY: City of Buckholts; DOCKET NUMBER: 2007-1569-PWS-E; IDENTIFIER: RN101234573; LOCATION: Buckholts, Milam County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.110(b)(4), by failing to maintain the residual disinfectant concentration in the far reaches of the distribution system at a minimum of 0.2 milligrams per liter (mg/L) free chlorine or 0.5 mg/L combined chlorine; 30 TAC §290.46(r), by failing to maintain a minimum pressure of 35 psi throughout the distribution system; and 30 TAC §290.42(e)(3), by failing to provide disinfection equipment so that continuous and effective disinfection can be secured under all conditions; PENALTY: $1,114; Supplemental Environmental Project (SEP) offset amount of $892 applied to Texas Association of Resource Conservation and Development Areas, Inc. ("RC&D") - Abandoned Tire Clean-Up; ENFORCEMENT COORDINATOR: Stephen Thompson, (512) 239-2558; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.
(3) COMPANY: Corinne Maib dba Coleto Water; DOCKET NUMBER: 2007-0935-PWS-E; IDENTIFIER: RN102683562; LOCATION: Victoria County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.46(f)(2), by failing to provide the public water system's operating records for review during inspections; 30 TAC §290.110(d)(3), by failing to monitor free chlorine residual to a minimum accuracy of plus or minus 0.1 mg/L using an approved method; 30 TAC §290.41(c)(1)(F), by failing to obtain a sanitary control easement; 30 TAC §290.43(c)(3), by failing to provide the ground storage tank with an overflow pipe flap valve assembly with a gap of no more than 1/16-inch; 30 TAC §290.41(c)(3)(N), by failing to provide a functional flow measuring device to measure production yields and provide for the accumulation of water production data; 30 TAC §290.46(n)(2), by failing to maintain an accurate and up-to-date map of the distribution system; 30 TAC §290.46(j), by failing to issue customer service inspection certificates; 30 TAC §290.110(b)(2), by failing to maintain a minimum disinfectant residual of 0.2 mg/L free chlorine throughout the distribution system; and 30 TAC §290.44(d) and §290.46(r), by failing to maintain a minimum pressure of 35 psi within the distribution system; PENALTY: $2,365; ENFORCEMENT COORDINATOR: Stephen Thompson, (512) 239-2558; REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5503, (361) 825-3100.
(4) COMPANY: DuPont Performance Elastomers L.L.C.; DOCKET NUMBER: 2007-1901-AIR-E; IDENTIFIER: RN100219239; LOCATION: Nederland, Jefferson County, Texas; TYPE OF FACILITY: chemical plant; RULE VIOLATED: 30 TAC §116.115(b)(2)(F) and (c), and §122.143(4), New Source Review (NSR) Permit 556A, Special Condition (SC) 1, Federal Operating Permit O-01269, General Terms and Conditions, and SC 8, and Texas Health and Safety Code (THSC), §382.085(b), by failing to prevent an unauthorized emissions event; PENALTY: $10,000; ENFORCEMENT COORDINATOR: Aaron Houston, (409) 898-3838; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.
(5) COMPANY: First Texas Homes, Inc.; DOCKET NUMBER: 2008-0458-WQ-E; IDENTIFIER: RN105447551; LOCATION: Celina, Collin County, Texas; TYPE OF FACILITY: housing community; RULE VIOLATED: 30 TAC §281.25(a)(4), by failing to obtain a construction general permit; PENALTY: $700; ENFORCEMENT COORDINATOR: Melissa Keller, (512) 239-1768; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(6) COMPANY: City of Fort Worth; DOCKET NUMBER: 2008-0149-WQ-E; IDENTIFIER: RN100942259; LOCATION: Fort Worth, Tarrant County, Texas; TYPE OF FACILITY: collection line; RULE VIOLATED: 30 TAC §305.125(1), Texas Pollutant Discharge Elimination System (TPDES) Permit Number WQ0010494013, Permit Conditions 2.g., and the Code, §26.121(a), by failing to prevent an unauthorized discharge of wastewater from the collection system; PENALTY: $21,600; Supplemental Environmental Project (SEP) offset amount of $21,600 applied to Keep Texas Beautiful; ENFORCEMENT COORDINATOR: Merrilee Hupp, (512) 239-4490; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(7) COMPANY: Matt Ray and Donnie Johnson; DOCKET NUMBER: 2007-1973-PST-E; IDENTIFIER: RN101733210; LOCATION: Grand Prairie, Dallas County, Texas; TYPE OF FACILITY: property with three inactive underground storage tanks (USTs); RULE VIOLATED: 30 TAC §334.47(a)(2), by failing to permanently remove from service, no later than 60 days after the prescribed implementation date, three USTs; PENALTY: $7,875; ENFORCEMENT COORDINATOR: Steven Lopez, (512) 239-1896; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(8) COMPANY: Neal's Lodges, Inc.; DOCKET NUMBER: 2007-1905-MLM-E; IDENTIFIER: RN101882397; LOCATION: Concan, Uvalde County, Texas; TYPE OF FACILITY: resort; RULE VIOLATED: 30 TAC §213.4(a)(1), by failing to obtain authorization for the installation of an aboveground storage tank (AST); 30 TAC §334.75 and §334.129, by failing to cleanup spills/overfills from a diesel fuel tank; 30 TAC §334.126(a)(1)(A), by failing to provide notification to the TCEQ at least 30 days prior to relocating the 2,000 gallon AST; and 30 TAC §334.127(a)(1)(A), by failing to provide registration for the ASTs; PENALTY: $8,000; ENFORCEMENT COORDINATOR: Craig Fleming, (512) 239-5806; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.
(9) COMPANY: Peachleaf Associates Venture #1, L.P.; DOCKET NUMBER: 2007-1863-PWS-E; IDENTIFIER: RN101183499; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.109(c)(2)(A)(i) and §290.122(c)(2)(B) and THSC, §341.033(d), by failing to collect monthly water samples for bacteriological analysis and by failing to provide public notification of the failure to conduct monthly bacteriological sampling; PENALTY: $2,250; ENFORCEMENT COORDINATOR: Christopher Keffer, (512) 239-5610; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(10) COMPANY: Post Oak Special Utility District; DOCKET NUMBER: 2007-1851-PWS-E; IDENTIFIER: RN101452209; LOCATION: Dawson, Navarro County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.46(f)(3)(D)(i) and §290.46(f)(3)(E)(iv), by failing to keep on file and make available for commission review the following water system records: bacteriological sampling records and customer service inspection reports; 30 TAC §290.43(c)(2), by failing to secure the roof hatch of a ground storage tank; 30 TAC §290.46(j), by failing to complete customer service inspection reports prior to providing continuous water service to new construction; and 30 TAC §290.43(e), by failing to provide a properly constructed intruder resistant fence; PENALTY: $668; ENFORCEMENT COORDINATOR: Tel Croston, (512) 239-5717; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(11) COMPANY: City of Pottsboro; DOCKET NUMBER: 2007-1594-MWD-E; IDENTIFIER: RN101920072; LOCATION: Grayson County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(5) and TPDES Permit Number WQ0010591001, Operational Requirements Number 1, by failing to ensure that the facility and all of its systems of treatment and control are properly operated and maintained; 30 TAC §305.125(4), TPDES Permit Number WQ0010591001, Permit Conditions Number 2.d., Interim Effluent Limitations and Monitoring Requirements Numbers 1 and 4, and the Code, §26.121(a), by failing to prevent the discharge and accumulation of sludge in the receiving stream; 30 TAC §305.125(1), TPDES Permit Number WQ0010591001, Interim Effluent Limitations and Monitoring Requirements Numbers 1, 2, and 6, and the Code, §26.121(a), by failing to comply with the permitted effluent limitations for dissolved oxygen, total suspended solids, ammonia-nitrogen, flow, total chlorine residual, and carbonaceous biochemical oxygen demand; 30 TAC §305.125(17) and TPDES Permit Number WQ0010591001, Sludge Provisions, by failing to timely submit monitoring results at the intervals specified in the permit; and 30 TAC §305.125(1) and TPDES Permit Number WQ0010591001, Monitoring and Reporting Requirements Number 7.c., by failing to report in writing to the TCEQ any effluent violation which deviates from the permitted effluent limitations by more than 40%; PENALTY: $194,725; Supplemental Environmental Project (SEP) offset amount of $120,897 applied to erosion control project; ENFORCEMENT COORDINATOR: Lynley Doyen, (512) 239-1364; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(12) COMPANY: Rincon Water Supply Corporation; DOCKET NUMBER: 2007-2014-PWS-E; IDENTIFIER: RN101458776 and RN101250538; LOCATION: Taft, San Patricio County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.46(d)(2)(B) and §290.110(b)(4) and THSC, §341.0315(c), by failing to maintain a chloramine residual of 0.5 mg/L throughout the distribution system; 30 TAC §290.46(l), by failing to flush the dead-end mains at monthly intervals; 30 TAC §290.45(f)(1), by failing to make available to the executive director the water purchase contract; 30 TAC §290.43(c)(6), by failing to maintain potable water storage tanks thoroughly tight against leakage; 30 TAC §290.46(m)(1)(B), by failing to inspect the pressure tank annually; 30 TAC §290.110(e)(4), by failing to submit a quarterly distribution report; and 30 TAC §290.110(c)(5)(B), by failing to monitor the disinfectant residual at representative locations throughout the distribution system; PENALTY: $3,071; Supplemental Environmental Project (SEP) offset amount of $2,457 applied to Audubon Society-North Bay Sanctuary Project; ENFORCEMENT COORDINATOR: Yuliya Dunaway, (210) 490-3096; REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5503, (361) 825-3100.
(13) COMPANY: City of Rockdale; DOCKET NUMBER: 2008-0023-MLM-E; IDENTIFIER: RN101190189; LOCATION: Rockdale, Milam County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.46(f)(2) and §290.46(f)(3)(D)(iii), by failing to provide water system records to commission personnel at the time of the investigation; 30 TAC §290.43(e), by failing to provide an intruder-resistant fence; 30 TAC §290.46(u), by failing to plug and seal an abandoned public water supply well in accordance with 16 TAC Chapter 76 or return the well to a non-deteriorated condition; 30 TAC §290.46(s)(1), by failing to calibrate the water system's well meters; 30 TAC §290.43(c)(4), by failing to provide the 20,000 gallon storage tank and the below ground storage tank with a water level indicator; 30 TAC §290.42(l), by failing to maintain a plant operations manual for operator review and reference; 30 TAC §290.44(h)(4), by failing to test backflow prevention assemblies on an annual basis; and 30 TAC §288.20(a) and §288.30(5)(B), by failing to provide a copy of an adopted drought contingency plan; PENALTY: $7,022; Supplemental Environmental Project (SEP) offset amount of $5,618 applied to Cleanup of Unauthorized Dumpsite; ENFORCEMENT COORDINATOR: Epifanio Villareal, (210) 490-3096; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.
(14) COMPANY: Saint-Gobain Vetrotex America, Inc.; DOCKET NUMBER: 2008-0216-AIR-E; IDENTIFIER: RN100218601; LOCATION: Wichita Falls, Wichita County, Texas; TYPE OF FACILITY: fiberglass manufacturing plant; RULE VIOLATED: 30 TAC §101.20(3) and §116.115(c), NSR Permit Number 5667/PSD-TX-784M1, SC 1, and THSC, §382.085(b), by failing to comply with the 4.58 pounds per hour (lbs/hr) particulate matter (PM) emission limit; and 30 TAC §101.20(3) and §116.115(c), NSR Permit Number 5667/PSD-TX-784M1, SC 1, and THSC, §382.085(b), by failing to comply with the 9.17 lbs/hr PM emission limit; PENALTY: $5,850; ENFORCEMENT COORDINATOR: Trina Grieco, (210) 490-3096; REGIONAL OFFICE: 1977 Industrial Boulevard, Abilene, Texas 79602-7833, (915) 698-9674.
(15) COMPANY: Sunoco, Inc. (R&M); DOCKET NUMBER: 2007-1940-AIR-E; IDENTIFIER: RN102888328; LOCATION: La Porte, Harris County, Texas; TYPE OF FACILITY: petrochemical plant; RULE VIOLATED: 30 TAC §116.115(c), Air Permit Number 5572B, SC Number 1, 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 the initial notification within 24 hours of the discovery of the emissions event; PENALTY: $4,940; ENFORCEMENT COORDINATOR: Nadia Hameed, (713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(16) COMPANY: Swati Holding, Company dba Ellinger Shell; DOCKET NUMBER: 2007-1965-PST-E; IDENTIFIER: RN105068209; LOCATION: Ellinger, Fayette County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.50(b)(2)(A)(i)(III) and the Code, §26.3475(a), by failing to test the line leak detectors at least once per year for performance and operational reliability; 30 TAC §334.50(d)(1)(B)(ii) and the Code, §26.3475(c)(1), by failing to conduct reconciliation of detailed inventory control records; and 30 TAC §334.72(3), by failing to report a suspected release; PENALTY: $7,850; ENFORCEMENT COORDINATOR: Wallace Myers, (512) 239-6580; REGIONAL OFFICE: 2800 South IH 35, Suite 100, Austin, Texas 78704-5712, (512) 339-2929.
(17) COMPANY: Tapia Brothers, Inc. dba Tapia Dairy #2; DOCKET NUMBER: 2008-0035-AGR-E; IDENTIFIER: RN102954666; LOCATION: Tom Green County, Texas; TYPE OF FACILITY: dairy; RULE VIOLATED: 30 TAC §305.125(1) and TPDES Confined Animal Feeding Operation (CAFO) General Permit Number TXG920974, Part III.A.3., by failing to provide an adequate recharge feature certification in the pollution prevention plan (PPP); 30 TAC §321.39(c) and TPDES CAFO General Permit Number TXG920974, Part III.A.9(b)(1), by failing to remove sludge from a retention control structure (RCS) in accordance with the design schedule for cleanout; 30 TAC §321.38(g)(3)(E) and TPDES CAFO General Permit Number TXG920974, Part III.A.6(a)(2), by failing to maintain a copy of the capacity certification for RCS Number 1 in the PPP; and 30 TAC §321.46(c)(1), by failing to ensure that a licensed Texas professional engineer or licensed Texas professional geoscientist has conducted a site evaluation of the structural controls, including a review of the liner documentation; PENALTY: $3,689; ENFORCEMENT COORDINATOR: Lynley Doyen, (512) 239-1364; REGIONAL OFFICE: 622 South Oakes, Suite K, San Angelo, Texas 76903-7013, (915) 655-9479.
(18) COMPANY: Texas State Technical College; DOCKET NUMBER: 2008-0055-MLM-E; IDENTIFIER: RN101236925; LOCATION: Waco, McLennan County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §288.30(5)(B), by failing to submit and adopt a drought contingency plan; 30 TAC §290.46(i), by failing to adopt an adequate plumbing ordinance, regulations, or service agreement with proper provisions for proper enforcement; 30 TAC §290.45(f)(1) and (f)(5), by failing to provide a purchase water contract that allows the maximum hourly purchase rate of at least two gallons per minute per connection; 30 TAC §290.110(c)(5)(B), by failing to monitor the disinfectant residual samples at representative locations throughout the distribution system on a daily basis; 30 TAC §§290.46(q), 290.110(b)(4), and 290.122(a)(2) and THSC, §341.0315(c), by failing to maintain a chloramine residual of at least 0.5 mg/L throughout the distribution system at all times and issue a boil water notice; and 30 TAC §290.42(l), by failing to compile and maintain a plant operations manual; PENALTY: $6,406; ENFORCEMENT COORDINATOR: Stephen Thompson, (512) 239-2558; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.
(19) COMPANY: The Goodyear Tire & Rubber Company; DOCKET NUMBER: 2008-0053-IWD-E; IDENTIFIER: RN100572551; LOCATION: San Angelo, Tom Green County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1) and Texas Land Application Permit (TLAP) Number 03750 Special Provision G, by failing to submit a detailed management plan to evaluate disposal sites 1, 2, 5, and 6 within 90 days of permit issuance; and 30 TAC §305.125(1) and TLAP Number 03750 Special Provision H.3., by failing to demonstrate that the existing impoundments which are in use or wastewater management comply with the liner requirements contained in the permit or to implement an approved groundwater monitoring program within one year of permit issuance; PENALTY: $2,140; ENFORCEMENT COORDINATOR: Jorge Ibarra, (817) 588-5800; REGIONAL OFFICE: 622 South Oakes, Suite K, San Angelo, Texas 76903-7013, (915) 655-9479.
(20) COMPANY: Trunkline Gas Company, LLC; DOCKET NUMBER: 2008-0033-AIR-E; IDENTIFIER: RN100225556; LOCATION: Cypress, Harris County, Texas; TYPE OF FACILITY: natural gas transmission station; RULE VIOLATED: 30 TAC §116.110(a) and THSC, §382.085(b) and §382.0518(a), by failing to obtain authorization to operate Engines 4301 and 4302; PENALTY: $13,800; Supplemental Environmental Project (SEP) offset amount of $5,520 applied to Houston-Galveston AERCO's Clean Cities/Clean Vehicles Program; ENFORCEMENT COORDINATOR: Trina Grieco, (210) 490-3096; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
TRD-200801970
Mary R. Risner
Director, Litigation Division
Texas Commission on Environmental Quality
Filed: April 15, 2008
An agreed order was entered regarding City of La Coste, Docket No. 2005-0264-MWD-E on April 4, 2008 assessing $8,120 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting Robert Mosley, Staff Attorney at (512) 239-0627, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Ivory Cleaners II, Inc. dba Ivory Cleaners & Alterations, Docket No. 2006-0676-DCL-E on April 4, 2008 assessing $280 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting Mary Coleman, Staff Attorney at (817) 588-5917, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Sonny Nguyen dba Crystal Cleaners & Alteration, Docket No. 2006-0677-DCL-E on April 4, 2008 assessing $2,370 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting Shawn Slack, Staff Attorney at (512) 239-0063, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding City of Gatesville, Docket No. 2006-0683-PWS-E on April 4, 2008 assessing $7,553 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting Dinniah Chahin, Staff Attorney at (512) 239-0617, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Berry Cleaners, Inc., Docket No. 2006-0818-DCL-E on April 4, 2008 assessing $1,067 in administrative penalties with $214 deferred.
Information concerning any aspect of this order may be obtained by contacting Kimberly Morales, Enforcement Coordinator at (713) 422-8938, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
A default order was entered regarding Yetta Hustead dba High Five, Docket No. 2006-0944-PWS-E on April 4, 2008 assessing $1,755 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting Benjamin Thompson, Staff Attorney at (512) 239-1297, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding DCP Midstream, LP, Docket No. 2006-0958-AIR-E on April 4, 2008 assessing $42,014 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting Laurencia Fasoyiro, Staff Attorney at (713) 422-8914, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
A default order was entered regarding Environmental Recycling Technologies LLC, Docket No. 2006-1019-AIR-E on April 4, 2008 assessing $20,000 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting Kathleen Decker, Staff Attorney at (512) 239-6500, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding R & R Mobile Home Management, Inc. dba Blessing Mobile Home Park, Docket No. 2006-1036-PWS-E on April 4, 2008 assessing $1,595 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting Dinniah Chahin, Staff Attorney at (512) 239-0617, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding New Process Steel, L.P., Docket No. 2006-1440-AIR-E on April 4, 2008 assessing $3,000 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting Dinniah Chahin, Staff Attorney at (512) 239-0617, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding IZ, Inc. IZ Food Mart, Docket No. 2006-1825-PST-E on April 4, 2008 assessing $25,000 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting Kathleen Decker, Staff Attorney at (512) 239-6500, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
A default order was entered regarding Charles O. Cullins dba Thelbert Elkins Texaco, Docket No. 2007-0236-PST-E on April 4, 2008 assessing $11,550 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting Patrick Jackson, Staff Attorney at (512) 239-6501, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Kathie Bryant dba Buena Vista Water System, Docket No. 2007-0304-PWS-E on April 4, 2008 assessing $8,931 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting Christopher Keffer, Enforcement Coordinator at (512) 239-5610, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Huntsman Petrochemical Corporation, Docket No. 2007-0581-MLM-E on April 4, 2008 assessing $23,775 in administrative penalties with $4,755 deferred.
Information concerning any aspect of this order may be obtained by contacting Bryan Elliott, Enforcement Coordinator at (512) 239-6162, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Manshack & Sons, Inc., Docket No. 2007-0656-MSW-E on April 4, 2008 assessing $2,540 in administrative penalties with $508 deferred.
Information concerning any aspect of this order may be obtained by contacting Dana Shuler, Enforcement Coordinator at (512) 239-2505, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Chemtrade Refinery Services, Inc., Docket No. 2007-0742-AIR-E on April 4, 2008 assessing $34,119 in administrative penalties with $6,823 deferred.
Information concerning any aspect of this order may be obtained by contacting Jorge Ibarra, Enforcement Coordinator at (817) 588-5890, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Robert Choate dba Pop's Tire Shop, Docket No. 2007-0867-MSW-E on April 4, 2008 assessing $5,250 in administrative penalties with $1,050 deferred.
Information concerning any aspect of this order may be obtained by contacting Dana Shuler, Enforcement Coordinator at (512) 239-2505, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
A default order was entered regarding Israel R. Gonzalez, Docket No. 2007-0920-LII-E on April 4, 2008 assessing $625 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting Anna Cox, Staff Attorney at (512) 239-0974, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Mike Einkauf Custom Homes, Inc., Docket No. 2007-1026-WQ-E on April 4, 2008 assessing $2,700 in administrative penalties with $540 deferred.
Information concerning any aspect of this order may be obtained by contacting Colin Barth, Enforcement Coordinator at (512) 239-0086, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Martindale Water Supply Corporation, Docket No. 2007-1038-PWS-E on April 4, 2008 assessing $571 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting Christopher Keffer, Enforcement Coordinator at (512) 239-5610, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Chevron Phillips Chemical Company LP, Docket No. 2007-1079-AIR-E on April 4, 2008 assessing $38,179 in administrative penalties with $7,635 deferred.
Information concerning any aspect of this order may be obtained by contacting Nadia Hameed, Enforcement Coordinator at (713) 767-3629, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Bill Dechert, Docket No. 2007-1084-MLM-E on April 4, 2008 assessing $2,000 in administrative penalties with $400 deferred.
Information concerning any aspect of this order may be obtained by contacting Marlin Bullard, Enforcement Coordinator at (254) 761-3038, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Coastal Industrial Coatings, Incorporated, Docket No. 2007-1132-AIR-E on April 4, 2008 assessing $1,700 in administrative penalties with $340 deferred.
Information concerning any aspect of this order may be obtained by contacting LaMia Handy, Enforcement Coordinator at (713) 767-3682, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Kim Moore dba Smith Springs Road Mobile Home Park, Docket No. 2007-1143-PWS-E on April 4, 2008 assessing $1,375 in administrative penalties with $275 deferred.
Information concerning any aspect of this order may be obtained by contacting Epifanio Villarreal, Enforcement Coordinator at (210) 403-4033, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Cory Byron, Docket No. 2007-1172-WQ-E on April 4, 2008 assessing $2,040 in administrative penalties with $408 deferred.
Information concerning any aspect of this order may be obtained by contacting Libby Hogue, Enforcement Coordinator at (512) 239-1165, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Valero Refining-Texas, L.P., Docket No. 2007-1189,-AIR-E on April 4, 2008 assessing $8,800 in administrative penalties with $1,760 deferred.
Information concerning any aspect of this order may be obtained by contacting Audra Ruble, Enforcement Coordinator at (361) 825-3126, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Arash The Archer Corporation dba Corner Food Store, Docket No. 2007-1239-PST-E on April 4, 2008 assessing $4,600 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting Rajesh Acharya, Enforcement Coordinator at (512) 239-0577, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Arledge Ridge Water Supply Corporation, Docket No. 2007-1262-PWS-E on April 4, 2008 assessing $1,350 in administrative penalties with $270 deferred.
Information concerning any aspect of this order may be obtained by contacting Andrea Linson-Mgbeoduru, Enforcement Coordinator at (512) 239-1482, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Southwest Convenience Stores, LLC dba 7-Eleven, Docket No. 2007-1268-AIR-E on April 4, 2008 assessing $17,450 in administrative penalties with $3,490 deferred.
Information concerning any aspect of this order may be obtained by contacting Terry Murphy, Enforcement Coordinator at (512) 239-5025, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding City of Waelder, Docket No. 2007-1278-MWD-E on April 4, 2008 assessing $3,200 in administrative penalties with $640 deferred.
Information concerning any aspect of this order may be obtained by contacting Harvey Wilson, Enforcement Coordinator at (512) 239-0321, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Viridis Energy (Texas), LP, Docket No. 2007-1292-AIR-E on April 4, 2008 assessing $4,387 in administrative penalties with $877 deferred.
Information concerning any aspect of this order may be obtained by contacting Roshondra Lowe, Enforcement Coordinator at (713) 767-3553, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Kiewit Texas Construction L.P., Docket No. 2007-1297-AIR-E on April 4, 2008 assessing $3,120 in administrative penalties with $624 deferred.
Information concerning any aspect of this order may be obtained by contacting Daniel Siringi, Enforcement Coordinator at (409) 899-8799, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Clifco Construction, Ltd., Docket No. 2007-1313-MLM-E on April 4, 2008 assessing $4,500 in administrative penalties with $900 deferred.
Information concerning any aspect of this order may be obtained by contacting Terry Murphy, Enforcement Coordinator at (512) 239-5025, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Larry Martindale dba Sundance Dairy, Docket No. 2007-1323-AGR-E on April 4, 2008 assessing $1,575 in administrative penalties with $315 deferred.
Information concerning any aspect of this order may be obtained by contacting Samuel Short, Enforcement Coordinator at (512) 239-5363, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Charles J. Engle, Docket No. 2007-1328-AIR-E on April 4, 2008 assessing $4,620 in administrative penalties with $924 deferred.
Information concerning any aspect of this order may be obtained by contacting James Nolan, Enforcement Coordinator at (512) 239-6634, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Motiva Enterprises LLC, Docket No. 2007-1335-AIR-E on April 4, 2008 assessing $24,700 in administrative penalties with $4,940 deferred.
Information concerning any aspect of this order may be obtained by contacting Terry Murphy, Enforcement Coordinator at (512) 239-5025, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Smith County Water Control and Improvement District No. 1, Docket No. 2007-1348-MWD-E on April 4, 2008 assessing $13,275 in administrative penalties with $2,655 deferred.
Information concerning any aspect of this order may be obtained by contacting Heather Brister, Enforcement Coordinator at (254) 761-3048, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding The Premcor Refining Group Inc., Docket No. 2007-1358-AIR-E on April 4, 2008 assessing $30,400 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting Miriam Hall, Enforcement Coordinator at (512) 239-1044, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding TOTAL PETROCHEMICALS USA, INC., Docket No. 2007-1367-AIR-E on April 4, 2008 assessing $7,050 in administrative penalties with $1,410 deferred.
Information concerning any aspect of this order may be obtained by contacting Rebecca Johnson, Enforcement Coordinator at (713) 422-8931, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Blue Line Corporation, Docket No. 2007-1378-AIR-E on April 4, 2008 assessing $7,000 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting Trina Grieco, Enforcement Coordinator at (210) 403-4006, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding ATCO-VALLEY PLAZA, LLC, Docket No. 2007-1379-IWD-E on April 4, 2008 assessing $3,600 in administrative penalties with $720 deferred.
Information concerning any aspect of this order may be obtained by contacting Thomas Greimel, Enforcement Coordinator at (512) 239-5690, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Gregory Alan Lewis dba GAL Horticulture Service, Docket No. 2007-1383-LII-E on April 4, 2008 assessing $875 in administrative penalties with $175 deferred.
Information concerning any aspect of this order may be obtained by contacting Marlin Bullard, Enforcement Coordinator at (254) 761-3038, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Military Highway Water Supply Corporation, Docket No. 2007-1387-MWD-E on April 4, 2008 assessing $6,000 in administrative penalties with $1,200 deferred.
Information concerning any aspect of this order may be obtained by contacting Suzanne Walrath, Enforcement Coordinator at (512) 239-2134, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding INVISTA S.a.r.l., Docket No. 2007-1392-AIR-E on April 4, 2008 assessing $11,100 in administrative penalties with $2,220 deferred.
Information concerning any aspect of this order may be obtained by contacting Audra Ruble, Enforcement Coordinator at (361) 825-3126, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Texas Department of Transportation, Docket No. 2007-1405-MWD-E on April 4, 2008 assessing $6,200 in administrative penalties with $1,240 deferred.
Information concerning any aspect of this order may be obtained by contacting Jorge Ibarra, Enforcement Coordinator at (817) 588-5890, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding City of Corpus Christi, Docket No. 2007-1409-MLM-E on April 4, 2008 assessing $11,076 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting Epifanio Villarreal, Enforcement Coordinator at (210)403-4033, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Roger Allen Lund dba Hickory Ridge Mobile Home Park, Docket No. 2007-1453-MWD-E on April 4, 2008 assessing $12,000 in administrative penalties with $2,400 deferred.
Information concerning any aspect of this order may be obtained by contacting Heather Brister, Enforcement Coordinator at (254) 761-3048, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding ELG Metals, Inc., Docket No. 2007-1457-IWD-E on April 4, 2008 assessing $5,670 in administrative penalties with $1,134 deferred.
Information concerning any aspect of this order may be obtained by contacting Craig Fleming, Enforcement Coordinator at (512) 239-5806, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding SI Group, Inc., Docket No. 2007-1461-AIR-E on April 4, 2008 assessing $5,700 in administrative penalties with $1,140 deferred.
Information concerning any aspect of this order may be obtained by contacting Samuel Short, Enforcement Coordinator at (512) 239-5363, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding City of Shepherd, Docket No. 2007-1463-MWD-E on April 4, 2008 assessing $8,600 in administrative penalties with $1,720 deferred.
Information concerning any aspect of this order may be obtained by contacting James Nolan, Enforcement Coordinator at (512) 239-6634, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Targa Midstream Services Limited Partnership, Docket No. 2007-1477-AIR-E on April 4, 2008 assessing $2,990 in administrative penalties with $598 deferred.
Information concerning any aspect of this order may be obtained by contacting Nadia Hameed, Enforcement Coordinator at (713) 767-3629, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding S & K Iman, Inc., Docket No. 2007-1515-PST-E on April 4, 2008 assessing $2,850 in administrative penalties with $570 deferred.
Information concerning any aspect of this order may be obtained by contacting Rajesh Acharya, Enforcement Coordinator at (512) 239-0577, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Rayburn Country Municipal Utility District, Docket No. 2007-1519-MWD-E on April 4, 2008 assessing $4,410 in administrative penalties with $882 deferred.
Information concerning any aspect of this order may be obtained by contacting Andrew Hunt, Enforcement Coordinator at (512) 239-1203, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Double B Foods, Inc., Docket No. 2007-1526-AIR-E on April 4, 2008 assessing $16,050 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting Libby Hogue, Enforcement Coordinator at (512) 239-1165, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding FMC Corporation, Docket No. 2007-1530-AIR-E on April 4, 2008 assessing $5,650 in administrative penalties with $1,130 deferred.
Information concerning any aspect of this order may be obtained by contacting Thomas Jecha, Enforcement Coordinator at (512) 239-2576, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding AHZ, LLC, MZH, LLC, ZAO, LLC, and Patrinely Group, LLC, Docket No. 2007-1626-EAQ-E on April 4, 2008 assessing $10,500 in administrative penalties with $2,100 deferred.
Information concerning any aspect of this order may be obtained by contacting Jorge Ibarra, Enforcement Coordinator at (817) 588-5890, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding City of Angleton, Docket No. 2007-1660-MWD-E on April 4, 2008 assessing $11,250 in administrative penalties with $2,250 deferred.
Information concerning any aspect of this order may be obtained by contacting Lynley Doyen, Enforcement Coordinator at (512) 239-1364, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Boyett Construction, L.L.C., Docket No. 2007-1666-WQ-E on April 4, 2008 assessing $1,680 in administrative penalties with $336 deferred.
Information concerning any aspect of this order may be obtained by contacting Thomas Jecha, Enforcement Coordinator at (512) 239-2576, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Creek Park Corporation, Docket No. 2007-1684-MWD-E on April 4, 2008 assessing $2,200 in administrative penalties with $440 deferred.
Information concerning any aspect of this order may be obtained by contacting Jorge Ibarra, Enforcement Coordinator at (817) 588-5890, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Aero-Marine Engineering, Inc., Docket No. 2007-1770-AIR-E on April 4, 2008 assessing $1,875 in administrative penalties with $375 deferred.
Information concerning any aspect of this order may be obtained by contacting Sidney Wheeler, Enforcement Coordinator at (512) 239-4969, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Texas Petrochemicals LP, Docket No. 2007-1791-AIR-E on April 4, 2008 assessing $6,500 in administrative penalties with $1,300 deferred.
Information concerning any aspect of this order may be obtained by contacting Nadia Hameed, Enforcement Coordinator at (713) 767-3629, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding North Bosque Water Supply Corporation, Docket No. 2007-1795-PWS-E on April 4, 2008 assessing $535 in administrative penalties with $107 deferred.
Information concerning any aspect of this order may be obtained by contacting Stephen Thompson, Enforcement Coordinator at (512) 239-2558, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Parkway Construction & Associates LP, Docket No. 2007-1923-WQ-E on April 4, 2008 assessing $700 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting Melissa Keller, SEP Coordinator at (512) 239-1768, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
A field citation was entered regarding HH Farms, LLC, Docket No. 2007-1909-PST-E on April 4, 2008 assessing $3,500 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting Melissa Keller, SEP Coordinator at (512) 239-1768, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
A field citation was entered regarding Franklin Bain, Docket No. 2007-1968-WOC-E on April 4, 2008 assessing $210 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting Melissa Keller, SEP Coordinator at (512) 239-1768, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
A field citation was entered regarding Parkway Construction & Associates, L.P., Docket No. 2007-1923-WQ-E on April 4, 2008 assessing $700 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting Melissa Keller, SEP Coordinator at (512) 239-1768, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
A default order was entered regarding Sam R. Dillon dba Sam's Produce Farm, Docket No. 2004-0639-PST-E on April 7, 2008 assessing $16,800 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting Rebecca Clausewitz, Enforcement Coordinator at (210) 403-4012, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
TRD-200801996
LaDonna Castañuela
Chief Clerk
Texas Commission on Environmental Quality
Filed: April 16, 2008
Notice issued April 9, 2008
Texas Commission on Environmental Quality (TCEQ) Internal Control No. 02132008-D02; Robert M. Tiemann (the "Petitioner") filed a petition for creation of Lakeside Municipal Utility District No. 5 of Travis and Williamson counties (the "District") with the Texas Commission on Environmental Quality (TCEQ). The petition was filed pursuant to Article XVI, Section 59 of the Constitution of the State of Texas; Chapters 49 and 54 of the Texas Water Code; 30 Texas Administrative Code Chapter 293; and the procedural rules of the TCEQ. The petition states the following: (1) the Petitioner is the owner of a majority in value of the land to be included in the proposed District; (2) the proposed District will contain approximately 198.69 acres located in Travis and Williamson counties, Texas; and (3) the proposed District is within the extraterritorial jurisdiction of the City of Pflugerville, Texas. The Petitioner, by separate affidavit, indicates that there is one lien holder, International Bank of Commerce, on the property to be included in the proposed District. The Petitioner has provided the TCEQ with a certificate evidencing the lien holder's consent to the creation of the proposed District. By Resolution No. 687-05-02-22-8B, effective February 22, 2005, the City of Pflugerville, Texas, gave its consent to the creation of the proposed District. According to the petition, the Petitioner has conducted a preliminary investigation to determine the cost of the project and from the information available at the time, the cost of the project is estimated to be approximately $19,670,000.
INFORMATION SECTION
To view the complete issued notice, view the notice on our web site at www.tceq.state.tx.us/comm_exec/cc/pub_notice.html or call the Office of the Chief Clerk at (512) 239-3300 to obtain a copy of the complete notice. When searching the web site, type in the issued date range shown at the top of this document to obtain search results.
The TCEQ may grant a contested case hearing on the petition if a written hearing request is filed within 30 days after the newspaper publication of the notice. To request a contested case hearing, you must submit the following: (1) your name (or for a group or association, an official representative), mailing address, daytime phone number, and fax number, if any; (2) the name of the Petitioner and the TCEQ Internal Control Number; (3) the statement "I/we request a contested case hearing;" (4) a brief description of how you would be affected by the petition in a way not common to the general public; and (5) the location of your property relative to the proposed District's boundaries. You may also submit your proposed adjustments to the petition. Requests for a contested case hearing must be submitted in writing to the Office of the Chief Clerk at the address provided 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-200801995
LaDonna Castañuela
Chief Clerk
Texas Commission on Environmental Quality
Filed: April 16, 2008
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 May 26, 2008. 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 May 26, 2008 . 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: Andres E. Pascual dba DCSC Market and dba 125 Dry Clean Super Center; DOCKET NUMBER: 2006-1290-DCL-E; TCEQ ID NUMBERS: RN104952189 and RN100909738; LOCATIONS: 10705 Market Street, Suite B, Jacinto City and 2630 South Dairy Ashford Street, Houston, Harris County, Texas; TYPE OF FACILITIES: dry cleaning drop station and dry cleaning facility; RULES VIOLATED: 30 TAC §337.10(a) and Texas Health and Safety Code (THSC), §374.102, by failing to complete and submit the required registration form to the TCEQ for both facilities; PENALTY: $1,778; STAFF ATTORNEY: Ben Thompson, Litigation Division, MC 175, (512) 239-1297; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Street, Suite H, Houston, Texas 77023, (713) 767-3500.
(2) COMPANY: Chilton Water Supply and Sewer Service Corporation; DOCKET NUMBER: 2005-0887-MWD-E; TCEQ ID NUMBER: RN102285814; LOCATION: approximately 0.7 mile east of State Highway 77, one mile south of the City of Chilton, Falls County, Texas; TYPE OF FACILITY: wastewater treatment plant; RULES VIOLATED: 30 TAC §305.125(1), Texas Water Code (TWC), §26.121(a)(1), and Texas Pollutant Discharge Elimination System (TPDES) Permit Number 10811-001, Effluent Limitations and Monitoring Requirements Numbers 1, 2, and 4, Operational Requirements Number 1, and Permit Conditions Number 2.g., by failing to prevent the discharge and accumulation of solids in the receiving stream and unauthorized discharges which had occurred around the influent bar screen and aeration basin; 30 TAC §305.125(1) and (5) and TPDES Permit Number 10811-001, Operational Requirement Number 1, by failing to ensure to that all systems of collection, treatment, and disposal are properly operated and maintained; 30 TAC §§305.125(1), 319.4, 319.7(a) and (c), and 319.11(b) and TPDES Permit Number 10811-001, Monitoring and Reporting Requirements Numbers 2, 3.b., and 3.c., by failing to have records available for review by a TCEQ representative during the investigation conducted on February 9, 2005; 30 TAC §305.125(1) and (9) and TPDES Permit Number 10811-001, Monitoring and Reporting Requirements Numbers 7.a. and 7.c., Section III. Requirements Applying to All Sewage Sludge Disposed in a Municipal Solid Waste Landfill, and Paragraph G. Reporting Requirements, by failing to report exceedances which deviated from the permitted limit by greater than 40%, by failing to report an unauthorized discharge, and by failing to submit an annual sludge report; and 30 TAC §317.4(a)(8), by failing to conduct the required annual testing of the drinking water backflow prevention device; PENALTY: $22,750; STAFF ATTORNEY: Mary E. Coleman, Litigation Division, MC R-4, (817) 588-5917; REGIONAL OFFICE: Waco Regional Office, 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.
(3) COMPANY: City of Laredo; DOCKET NUMBER: 2007-0441-MLM-E; TCEQ ID NUMBERS: RN100524099 and RN101608545; LOCATION: 2519 Jefferson Street, Laredo, Webb County, Texas; TYPE OF FACILITIES: public water supply system, public water utility, and wastewater treatment plant; RULES VIOLATED: 30 TAC §290.44(h), by failing to conduct an annual inspection, tested by a certified backflow prevention assembly tester, on all backflow prevention assemblies used for health hazard protection; 30 TAC §290.46(f)(4)(A), by failing to provide the number of connections in the distribution system which is required to determine compliance with the requirements of 30 TAC Chapter 290; 30 TAC §290.42(e), by failing to house all gas chlorination and ammonia equipment in separate buildings or separate rooms with impervious walls or partitions separating all mechanical and electrical equipment from the chlorine facilities; 30 TAC §290.46(s), by failing to provide accurate testing equipment or some other means of monitoring the effectiveness of any chemical treatment process used by the system or to verify the accuracy of manual disinfectant residual analyzers in the chlorine residual test kit at least once every 30 days using chlorine solutions of known concentrations; 30 TAC §290.46(d)(2), by failing to maintain a minimum free chlorine residual of 0.2 milligrams per liter (mg/L) or total chlorine of 0.5 mg/L throughout the distribution system at all times; 30 TAC §290.46(m)(4), by failing to maintain all water facilities and related appurtenances in a watertight condition; 30 TAC §290.111(c)(2), by failing to correctly monitor the turbidity of the combined filter effluent; 30 TAC §290.111(c)(3), by failing to correctly monitor the filtered water turbidity of the individual filter effluent; 30 TAC §290.121(a), by failing to maintain an up-to-date chemical and microbiological monitoring plan; 30 TAC §291.93(3), by failing to submit to the executive director a planning report that clearly explains how the retail public utility, that has reached 85% of its capacity, will provide the expected service demands to the remaining areas within the boundaries of its certified area; and 30 TAC §305.125(1) and TPDES Permit Number 10681-001 Sludge Provisions, by failing to submit the annual sludge report to the commission by September 1, 2006; PENALTY: $8,030; Supplemental Environmental Project offset amount of $8,030 applied to Texas Association of Resource Conservation & Development Areas, Inc. Water or Wastewater Treatment Assistance; STAFF ATTORNEY: Mary E. Coleman, Litigation Division, MC R-4, (817) 588-5917; REGIONAL OFFICE: Laredo Regional Office, 707 East Calton Road, Suite 304, Laredo, Texas 78041-3887, (956) 791-6611.
(4) COMPANY: David W. Trammell; DOCKET NUMBER: 2007-0050-LII-E; TCEQ ID NUMBER: RN103654075; LOCATION: 1795 North Fry Road #299, Katy, Harris County, Texas; TYPE OF FACILITY: unlicensed irrigator; RULES VIOLATED: 30 TAC §30.5(a) and §344.4, TWC, §37.003, and Texas Occupations Code, §1903.251, by failing to possess an irrigator license issued by the TCEQ prior to selling, designing, consulting, installing, maintaining, altering, repairing, or servicing an irrigation system; PENALTY: $625; STAFF ATTORNEY: Mary Hammer, Litigation Division, MC 175, (512) 239-2496; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Street, Suite H, Houston, Texas 77023, (713) 767-3500.
(5) COMPANY: FPN Enterprises, Inc. dba Kuykendahl Valero; DOCKET NUMBER: 2006-2257-PST-E; TCEQ ID NUMBER: RN102275096; LOCATION: 4740 Spring Cypress Road, Spring, Harris County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.50(b)(1)(A), (2), (2)(A)(i)(III), and (d)(1)(B) and TWC, §26.3475(a) and (c)(1), by failing to ensure that all underground storage tanks (USTs) are monitored in a manner which will detect a release at a frequency of at least once every month (not to exceed 35 days between each monitoring), by failing to provide proper release detection for the pressurized piping associated with the UST system, by failing to have line leak detectors tested at least once per year for performance and operational reliability, and by failing to conduct proper inventory control procedures for all USTs at the facility; 30 TAC §334.8(c)(5)(B)(ii), by failing to renew a delivery certificate by timely and proper submission of a completed UST registration and self-certification form to the agency at least 30 days before the expiration date of the delivery certificate; and 30 TAC §334.8(c)(5)(A)(i) and TWC, §26.3467(a), by failing to make available to a common carrier a valid, current TCEQ delivery certificate before accepting delivery of a regulated substance into the USTs; PENALTY: $4,400; STAFF ATTORNEY: Ben Thompson, Litigation Division, MC 175, (512) 239-1297; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Street, Suite H, Houston, Texas 77023, (713) 767-3500.
(6) COMPANY: J.W. Garrett & Son, Inc. dba G & G Enterprises; DOCKET NUMBER: 2007-1042-WQ-E; TCEQ ID NUMBER: RN105134498; LOCATION: 3050 Dowlen Road, Beaumont, Jefferson County, Texas; TYPE OF FACILITY: construction site; RULES VIOLATED: TWC, §26.121(a)(1), by failing to prevent the unauthorized discharge of storm water into waters in the State; and 30 TAC §281.25(a)(4) and 40 Code of Federal Regulations §122.26(a), by failing to develop and implement a stormwater pollution prevent plan and by failing to sign and post a construction site notice for a small construction activity (less than five acres but greater than one acre of disturbed land); PENALTY: $4,200; STAFF ATTORNEY: Ben Thompson, Litigation Division, MC 175, (512) 239-1297; REGIONAL OFFICE: Beaumont Regional Office, 3870 Eastex Freeway, Beaumont, Texas 77703-1830, (409) 898-3838.
(7) COMPANY: Neptune International, Inc. dba Pick N Pay; DOCKET NUMBER: 2005-0961-PST-E; TCEQ ID NUMBER: RN102464559; LOCATION: 2510 Berry Road, Houston, Harris County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §115.242(3)(A) and THSC, §382.085(b), by failing to maintain the Stage II vapor recovery system in proper operating condition and free of defects which would impair the effectiveness of the system, including absence or disconnection of components which are part of the approved system, as specified by the manufacture and/or any applicable California Air Resources Board (CARB) Executive Order(s); 30 TAC §115.245(2) and THSC, §382.085(b), by failing to verify proper operation of the system by not performing required annual and triennial testing of the system; 30 TAC §115.246(1), (3), (4), (6), and (7)(A) and THSC, §382.085(b), by failing to maintain on-site and make immediately available for review upon request by a TCEQ representative the following records: a copy of the CARB Executive Order(s) or third-party certification(s) for the system and related components installed at the station; a record of any maintenance conducted on the system; proof of attendance and completion of Stage II training requirements and documentation of such training for current station employees; and a record of the results of daily inspections conducted at the station; 30 TAC §334.45(c)(3)(A), by failing to have on each pressurized delivery or product line a UL-listed emergency shutoff valve installed and securely anchored at the base of the dispenser; 30 TAC §334.48(c), by failing to conduct effective manual or automatic inventory control for the UST system; 30 TAC §334.49(c)(2)(C) and (4)(C) and TWC, §26.3475(d), by failing to regularly inspect, at least once every 60 days, the cathodic protection system and by failing to have the cathodic protection system inspected and tested by a qualified corrosion specialist or corrosion technician within three to six months after installation and at a subsequent frequency of at least once every three years; and 30 TAC §334.50(b)(1)(A), (2), and (2)(A)(i)(III) and TWC, §26.3475(c)(1) and (a), by failing to provide proper release detection for the UST system; PENALTY: $19,950; STAFF ATTORNEY: Lena Roberts, Litigation Division, MC 175, (512) 239-0019; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Street, Suite H, Houston, Texas 77023, (713) 767-3500.
(8) COMPANY: The Meadows at Quail Run GP, LLC; DOCKET NUMBER: 2005-1956-MWD-E; TCEQ ID NUMBER: RN103764213; LOCATION: 120 Las Palomas Drive, La Vernia, Wilson County, Texas; TYPE OF FACILITY: wastewater collection system; RULES VIOLATED: 30 TAC §30.350(n), by failing to have at least one operator for the sewage collection system that holds a minimum of a Class I license; and 30 TAC §317.1(a)(2) and (3)(D), and (c), by failing to submit a summary transmittal letter and all engineering design plans and reports concerning the technical specifications of the sewage collection system to the commission and by failing to obtain commission approval of the sewage collection system prior to utilizing it; PENALTY: $27,300; STAFF ATTORNEY: Kari Gilbreth, Litigation Division, MC 175, (512) 239-1320; REGIONAL OFFICE: San Antonio Regional Office, 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.
(9) COMPANY: WHB Cattle, L.P.; DOCKET NUMBER: 2004-2023-MLM-E; TCEQ ID NUMBER: RN104393855; LOCATION: 17095 Farm-to-Market Road 3004, near Follett, Lipscomb County, Texas; TYPE OF FACILITY: concentrated animal feeding operation (CAFO); RULES VIOLATED: 30 TAC §321.33(a), by failing to obtain authorization under a water quality general permit or individual permit for a CAFO; 30 TAC §335.5(a) and (b), by failing to deed record the location and notify the TCEQ prior to the disposal of dead animals; and 30 TAC §285.3(b)(1) and THSC, §366.051(a), by failing to obtain authorizations to construct prior to the construction and operation of four on-site sewage facilities; PENALTY: $5,000; STAFF ATTORNEY: Ben Thompson, Litigation Division, MC 175, (512) 239-1297; REGIONAL OFFICE: Amarillo Regional Office, 3918 Canyon Drive, Amarillo, Texas 79109-4933, (806) 353-9251.
(10) COMPANY: Ya Razzak, Inc. dba Fast Trak; DOCKET NUMBER: 2006-1371-AIR-E; TCEQ ID NUMBER: RN100814342; LOCATION: 8209 North Loop Drive, El Paso, El Paso County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §115.252(2) and THSC, §382.085(b), by failing to comply with the 7.0 pounds per square inch absolute maximum Reid Vapor Pressure requirement for gasoline transferred during the control period of June 1 - September 16, 2006 in El Paso County; PENALTY: $1,200; STAFF ATTORNEY: Justin Lannen, Litigation Division, MC R-4, (817) 588-5927; REGIONAL OFFICE: El Paso Regional Office, 401 East Franklin Avenue, Suite 560, El Paso, Texas 79901-1212, (915) 834-4949.
TRD-200801967
Mary R. Risner
Director, Litigation Division
Texas Commission on Environmental Quality
Filed: April 15, 2008
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 May 26, 2008. 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 May 26, 2008 . 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: Juan Antonio Diaz dba Tony's Tire Service; DOCKET NUMBER: 2007-1821-MSW-E; TCEQ ID NUMBER: RN105359392; LOCATION: west and south of 17115 Martinez Losoya Road, San Antonio, Bexar County, Texas; TYPE OF FACILITY: automobile tires service facility; RULES VIOLATED: 30 TAC §328.60(a) and §330.7(a), by failing to obtain a scrap tire storage registration prior to storing more than 500 tires; and 30 TAC §328.57(c), by failing to register with the TCEQ as a tire transporter prior to transporting used or scrap tires; PENALTY: $12,500; STAFF ATTORNEY: Gary Shiu, Litigation Division, MC R-12, (713) 422-8916; REGIONAL OFFICE: San Antonio Regional Office, 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.
(2) COMPANY: Michael Lantz O'Neill dba Frontier Park Marina; DOCKET NUMBER: 2007-0712-PWS-E; TCEQ ID NUMBER: RN101183986; LOCATION: Highway 21, Toledo Bend Reservoir, Sabine County, Texas; TYPE OF FACILITY: public water system (PWS); RULES VIOLATED: 30 TAC §290.42(l), by failing to compile a plant operation manual and to keep it up to date for operator review and reference; 30 TAC §290.43(c)(4), by failing to provide a water level indicator on the ground storage tank at Water Plant Number 1; 30 TAC §290.44(a)(4), by failing to locate all water transmission and distribution lines at least 24 inches below ground surface; 30 TAC §290.121(a), by failing to maintain an up to date chemical and microbiological monitoring plan; 30 TAC §290.46(v), by failing to install all water system electrical wiring in accordance with a local or national electrical code; 30 TAC §290.46(t), by failing to post a legible sign at Water Plant Number 2 which gives the name of the owner and an emergency telephone number for contacting a responsible official; 30 TAC §290.44(d)(4), by failing to provide accurate metering devices at each residential, commercial, or industrial service connection for the accumulation of water usage date; 30 TAC §290.43(d)(2), by failing to provide a working pressure gauge on the 1,000 gallon pressure tank at Water Plant Number 2; 30 TAC §290.46(m)(4), by failing to ensure all water system storage and pressure maintenance facilities and appurtenances are maintained in a water-tight condition; 30 TAC §290.109(c)(1)(A) and Texas Health and Safety Code (THSC), §341.033(d), by failing to collect routine bacteriological samples at active service connections which are representative of water throughout the distribution system; 30 TAC §290.46(f)(3)(A)(iv), by failing to record the dates of monthly dead-end flushing; 30 TAC §290.46(n)(2), by failing to provide an up to date map of the distribution system to help locate valves and mains in the event of an emergency; 30 TAC §290.45(b)(1)(B)(iii) and THSC, §341.0315(c), by failing to provide two or more pumps having a total capacity of 2.0 gallons per minute (gpm) per connection; 30 TAC §290.45(b)(1)(B)(iv) and (c)(1)(A)(ii) and THSC, §341.0315(c), by failing to provide a pressure tank capacity of 20 gallons per connection for the community connections and 10 gallons per connection for non-community connections; 30 TAC §290.41(c)(3)(j), by failing to provide the well with a concrete sealing block around the well casing that extends a minimum of three feet in all directions; and 30 TAC §290.44(h)(1), by failing to install a backflow prevention assembly or an air gap at all residences and establishments where an actual or potential contamination hazard exists; PENALTY: $6,670; STAFF ATTORNEY: Ben Thompson, Litigation Division, MC 175, (512) 239-1297; REGIONAL OFFICE: Beaumont Regional Office, 3870 Eastex Freeway, Beaumont, Texas 77703-1830, (409) 898-3838.
(3) COMPANY: WSWS Company; DOCKET NUMBER: 2006-1984-PWS-E; TCEQ ID NUMBER: RN101218121; LOCATION: west of Farm-to-Market Road 1417 on Pumping Jack Road, Grayson County, Texas; TYPE OF FACILITY: PWS; RULES VIOLATED: 30 TAC §290.42(l), by failing to compile a plant operations manual and keep it up-to-date for operator review and reference; 30 TAC §290.41(c)(1)(F), by failing to obtain a sanitary control easement for well number one or an exception to the easement requirement that is approved by the commission; 30 TAC §290.41(c)(3)(J), by failing to provide the well with a concrete sealing block extending a minimum of three feet from the exterior well casing in all directions; 30 TAC §290.41(c)(3)(P), by failing to provide an all-weather access road to the well site; 30 TAC §290.43(c)(1), by failing to provide the vent opening on the ground storage tank with a 16-mesh or finer corrosion-resistant screening; 30 TAC §290.45(b)(1)(C)(i), by failing to provide a well capacity of 0.6 gpm per connection; 30 TAC §290.45(b)(1)(C)(iv), by failing to provide a pressure tank capacity of 20 gallons per connection; and 30 TAC §290.43(c)(5), by failing to properly locate the inlet and outlet connections so as to prevent short-circuiting or stagnation of water within the ground storage tank; PENALTY: $1,050; STAFF ATTORNEY: Mary Hammer, Litigation Division, MC 175, (512) 239-2496; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
TRD-200801968
Mary R. Risner
Director, Litigation Division
Texas Commission on Environmental Quality
Filed: April 15, 2008
The Texas Commission on Environmental Quality (commission) staff is providing an opportunity for written public comment on the listed Shutdown/Default Order (S/DO). Texas Water Code (TWC), §26.3475 authorizes the commission to order the shutdown of any underground storage tank (UST) system found to be noncompliant with release detection, spill and overfill prevention, and/or, after December 22, 1998, cathodic protection regulations of the commission, until such time as the owner/operator brings the UST system into compliance with those regulations. The commission proposes a Shutdown Order after the owner or operator of a UST facility fails to perform required corrective actions within 30 days after receiving notice of the release detection, spill and overfill prevention, and/or, after December 22, 1998, cathodic protection violations documented at the facility. The commission proposes a Default Order 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. In accordance with TWC, §7.075, this notice of the proposed order and the opportunity to comment is published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is May 26, 2008. The commission will consider any written comments received and the commission may withdraw or withhold approval of a S/DO if a comment discloses facts or considerations that indicate that consent to the proposed S/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 S/DO is not required to be published if those changes are made in response to written comments.
A copy of the proposed S/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 S/DO shall be sent to the attorney designated for the S/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 May 26, 2008 . Written comments may also be sent by facsimile machine to the attorney at (512) 239-3434. The commission attorneys are available to discuss the S/DO and/or the comment procedure at the listed phone numbers; however, comments on the S/DO shall be submitted to the commission in writing.
(1) COMPANY: SAO Traders, Inc. dba Stop N Drive 2; DOCKET NUMBER: 2005-1174-PST-E; TCEQ ID NUMBER: RN102471190; LOCATION: 7431 Highway 59 South, Shepherd, San Jacinto County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.8(c)(5)(A)(iii), by failing to ensure that a valid, current TCEQ delivery certificate was posted at the facility in a location where the document is clearly visible at all times; 30 TAC §334.45(c)(3)(A), by failing to install and maintain a secure anchor base of each UL-listed emergency shutoff valve (shear or impact) in a piping system in which regulated substances are conveyed under pressure to an aboveground dispensing unit; 30 TAC §334.49(c)(4) and (c)(2)(C) and Texas Water Code (TWC), §26.3475(d), by failing to inspect and test the cathodic protection system for operability and adequacy of protection at least once every three years and by failing to inspect the impressed current cathodic protection system at least once every 60 days to ensure that the rectifier and other system components were operating properly; 30 TAC §334.48(c), by failing to conduct effective manual or automatic inventory control procedures for the underground storage tank (UST) system; and 30 TAC §334.50(b)(1)(A), (2), (2)(A)(i)(III), (d)(1)(B)(ii), and (iii)(IV) and TWC, §26.3475(a) and (c)(1), by failing to provide proper release detection for the UST system; PENALTY: $9,500; STAFF ATTORNEY: Ben Thompson, Litigation Division, MC 175, (512) 239-1297; REGIONAL OFFICE: Beaumont Regional Office, 3870 Eastex Freeway, Beaumont, Texas 77703-1830, (409) 898-3838.
TRD-200801969
Mary R. Risner
Director, Litigation Division
Texas Commission on Environmental Quality
Filed: April 15, 2008
For the Period of April 7, 2008
APPLICATION. TAP Inc. dba Big K Environmental, 423 Little York Road, Houston, Harris County, Texas 77076, has applied to the Texas Commission on Environmental Quality (TCEQ) for a Type V permit major amendment in order to increase the facility's receiving and processing capacity to 80,000 gallons per day. The facility is located at the address listed above. The TCEQ received the application on February 14, 2008. The permit application is available for viewing and copying at The TCEQ Region 12 Office-TCEQ Houston, 5425 Polk Avenue, Suite H, St., Houston, Harris County, Texas and on the internet at www.TAPenviro.com.
ADDITIONAL NOTICE. TCEQ's Executive Director has determined the application is administratively complete and will conduct a technical review of the application. After technical review of the application is complete, the Executive Director may prepare a draft permit and will issue a preliminary decision on the application. Notice of the Application and Preliminary Decision will be published and mailed to those who are on the county-wide mailing list and to those who are on the mailing list for this application. That notice will contain the deadline for submitting public comments.
PUBLIC COMMENT/PUBLIC MEETING. You may submit public comments or request a public meeting on this application. The purpose of a public meeting is to provide the opportunity to submit comments or to ask questions about the application. TCEQ will hold a public meeting if the Executive Director determines that there is a significant degree of public interest in the application or if requested by a local legislator. A public meeting is not a contested case hearing.
OPPORTUNITY FOR A CONTESTED CASE HEARING. After the deadline for submitting public comments, the Executive Director will consider all timely comments and prepare a response to all relevant and material or significant public comments. Unless the application is directly referred for a contested case hearing, the response to comments, and the Executive Director's decision on the application, will be mailed to everyone who submitted public comments and to those persons who are on the mailing list for this application. If comments are received, the mailing will also provide instructions for requesting reconsideration of the Executive Director's decision and for requesting a contested case hearing. A person who may be affected by the facility is entitled to request a contested case hearing from the commission. A contested case hearing is a legal proceeding similar to a civil trial in state district court.
TO REQUEST A CONTESTED CASE HEARING, YOU MUST INCLUDE THE FOLLOWING ITEMS IN YOUR REQUEST: your name, address, phone number; applicant's name and permit number; the location and distance of your property/activities relative to the facility; a specific description of how you would be adversely affected by the facility in a way not common to the general public; and, the statement "(I/we) request a contested case hearing." If the request for contested case hearing is filed on behalf of a group or association, the request must designate the group's representative for receiving future correspondence; identify an individual member of the group who would be adversely affected by the facility or activity; provide the information discussed above regarding the affected member's location and distance from the facility or activity; explain how and why the member would be affected; and explain how the interests the group seeks to protect are relevant to the group's purpose. Following the close of all applicable comment and request periods, the Executive Director will forward the application and any requests for reconsideration or for a contested case hearing to the TCEQ Commissioners for their consideration at a scheduled Commission meeting. The Commission will only grant a contested case hearing on disputed issues of fact that are relevant and material to the Commission's decision on the application. Further, the Commission will only grant a hearing on issues that were raised in timely filed comments that were not subsequently withdrawn.
MAILING LIST. If you submit public comments, a request for a contested case hearing or a reconsideration of the Executive Director's decision, you will be added to the mailing list for this specific application to receive future public notices mailed by the Office of the Chief Clerk. In addition, you may request to be placed on: (1) the permanent mailing list for a specific applicant name and permit number; and/or (2) the mailing list for a specific county. If you wish to be placed on the permanent and/or the county mailing list, clearly specify which list(s) and send your request to TCEQ Office of the Chief Clerk at the address below.
AGENCY CONTACTS AND INFORMATION. All written public comments and requests must be submitted to the Office of the Chief Clerk, MC 105, TCEQ, P.O. Box 13087, Austin, TX 78711-3087. If you need more information about this permit application or the permitting process, please call TCEQ Office of Public Assistance, Toll Free, at 1-800-687-4040. Si desea información en Español, puede llamar al 1-800-687-4040. General information about TCEQ can be found at our web site at www.tceq.state.tx.us. Further information may also be obtained from TAP Inc. dba Big K Environmental at the address stated above or by calling Mr. Mark Urback, P.E., at (281) 373-0500.
TRD-200801994
LaDonna Castañuela
Chief Clerk
Texas Commission on Environmental Quality
Filed: April 16, 2008
The following notices were issued during the period of March 27, 2008 through April 10, 2008.
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.
INFORMATION SECTION
ARKEMA INC. which operates the Houston Chemical Plant, has applied for a major amendment to TPDES Permit No. WQ0000445000 to authorize the discharge of storm water via new Outfalls 003, 004, and 005; remove effluent limitations and monitoring requirements for the parameters regulated by EPA categorical guidelines (40 CFR Part 414); reclassify the facility as a non-major facility (under the EPA NPDES major classification system); and remove biomonitoring requirements for Outfalls 001 and 002. The current permit authorizes the discharge of equipment wash water, utility wastewater, domestic sewage (previously monitored from Outfall 101) and storm water at a daily average flow not to exceed 400,000 gallons per day via Outfall 001; and storm water commingled with equipment wash water, utility wastewater, and treated domestic sewage (previously monitored from Outfall 001) on an intermittent and flow variable basis via Outfall 002. The facility is located at 2231 Haden Road in the City of Houston, Harris County, Texas.
BAHRAN SOLHJOU has applied for a renewal of TPDES Permit No. WQ0012882001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 30,000 gallons per day. The facility is located 0.5 mile northwest of the intersection of Gulf Bank Road and Hardy Toll Road in Harris County, Texas.
CITY OF BAYTOWN has applied for a renewal of TPDES Permit No. WQ0010395002, which authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 6,200,000 gallons per day. The facility is located at 1601 West Main Street in Harris County, Texas.
CITY OF BAYTOWN has applied for a renewal of TPDES Permit No. WQ0010395010, which authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 4,000,000 gallons per day. The facility will be located 5,000 feet south of Interstate Highway 10, adjacent to the east right-of-way of Union Pacific Railroad, west of State Highway 146 in Harris County, Texas.
BULVERDE/46 PARTNERS, LTD. has applied for a new permit, Proposed Permit No. WQ0014741001, to authorize the disposal of treated domestic wastewater at a daily average flow not to exceed 9,500 gallons per day via public access subsurface drip irrigation system with a minimum area of 95,000 square feet. This permit will not authorize a discharge of pollutants into waters in the State. The wastewater treatment facility and disposal site are located approximately 1/4 mile south and west of the intersection of Highway 281 and Highway 46 in Comal County, in the drainage basin of Lewis Creek in Segment No. 1806 of the Guadalupe River Basin.
THE CITY OF CORSICANA has applied for a renewal of TCEQ Permit No. WQ0010402003, which authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 4,950,000 gallons per day for Outfall 001 and an annual average flow not to exceed 1,000,000 gallons per day for Outfall 002. The application also requests an extension of a temporary variance to the existing water quality standards for the dissolved oxygen criterion for the Post Oak Creek arm of Richland-Chambers Reservoir which was granted in the permit issued April 11, 2005. The facility is located approximately 2,200 feet north of the Lake Halbert Spillway and approximately 9,500 feet southeast of the intersection of State Highway 31 and Interstate Highway 45 in Navarro County, Texas.
Consideration of the application by ELMER JACK PARKS for a major amendment of, Texas Pollutant Discharge Elimination System (TPDES) Permit No. WQ0003590000, for a Concentrated Animal Feeding Operation (CAFO), to authorize the applicant to operate an existing dairy cattle facility at a maximum capacity of 700 total head of which 700 head are milking and an increase in Land Management Unit (LMU) acreage from 400 acres to 839 acres. The facility and on-site LMUs are located on both sides of County Road 297, approximately one half (0.50) mile south of it's intersection with Farm-to-Market Road 8. This intersection is located approximately one and one half (1.5) miles east of the intersection of Farm-to-Market Road 8 and Farm-to-Market Road 219 in Lingleville, Erath County, Texas. The off-site LMUs are located on the north side of Farm-to-Market Road 8, approximately 1 mile east of the intersection of County Road 297 and Farm-to-Market Road 8.
FOREST GLEN, INC. has applied for a renewal of TPDES Permit No. WQ0011844001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 40,000 gallons per day. The facility is located approximately 6 miles southeast of the intersection of U.S. Highway 190 and Farm-to-Market Road 2296 in Walker County, Texas.
JOHANN HALTERMANN LTD. which operates Dow Haltermann Plant 1, has applied for a renewal of TPDES Permit No. WQ0002458000, which authorizes the discharge of treated process wastewater, utility wastewater, domestic wastewater, and storm water at a daily average flow not to exceed 220,000 gallons per day via Outfall 001; storm water runoff on an intermittent and flow variable basis via Outfall 002 and 004; and non-contact heating water on an intermittent and flow variable basis via Outfall 003. The facility is located at 16717 Jacintoport Boulevard on the north bank of the Houston Ship Channel, approximately 1.6 miles east of the intersection of Sheldon Road and Jacintoport Boulevard, near the Community of Channelview, Harris County, Texas.
CITY OF MORTON has applied for a major amendment to Permit No. WQ0010226001, to authorize an increase in the daily average flow from 178,500 gallons per day to 225,000 gallons per day and to increase the acreage irrigated from 45.4 acres to 57.9 acres. This permit will not authorize a discharge of pollutants into waters in the State. The wastewater treatment facility and disposal site are located approximately 1 mile northeast of State Highway 214 and Farm-to-Market Road 1780 northeast of the City of Morton in Cochran County, Texas.
MOUNT HOUSTON ROAD MUNICIPAL UTILITY DISTRICT has applied for a renewal of TPDES Permit No. WQ0011154001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 950,000 gallons per day. The facility is located approximately 1.3 miles northwest of the intersection of State Highway 249 (formerly Farm-to-Market Road 149, West Mount Houston Road) and Veterans Memorial Drive (formerly Stuebner Airline Drive) on the east bank of Halls Bayou in Harris County, Texas.
CITY OF PORT ARTHUR has applied for a renewal of TPDES Permit No. WQ0010364002, which authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 2,750,000 gallons per day. The facility is located immediately northeast of the intersection of Farm-to-Market Road 365 and Rhodair Gully, approximately 6,000 feet west-southwest of the intersection of Farm-to-Market Road 365 and Port Arthur Road in Jefferson County, Texas.
PORTER MUNICIPAL UTILITY DISTRICT has applied to the Texas Commission on Environmental Quality (TCEQ) for a renewal of TPDES Permit No. WQ0012242001, which authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 1,600,000 gallons per day. The facility is located approximately 7,200 feet south-southeast of the intersection of U.S. Highway 59 and Farm-to-Market Road 1314 and 2,100 feet east southeast of the intersection of Martin Drive and Loop 494 in Montgomery County, Texas.
RIO GRANDE MINING COMPANY which operates the Shafter Mine, a silver mining and processing facility, has applied for a major amendment to Permit No. WQ0004297000 to authorize the increase in the acreage of the Apartment disposal site to 18.1 acres; the reduction in acreage of the Arroyo disposal site to 8.7 acres; eliminating the use of three sites, the Saddle disposal site, the Basin disposal site and the Plateau disposal site; the addition of three disposal sites: South 5 Plot with 55.6 acres, South 8 Plot Area 1 with 40.7 acres and South 8 Plot Area 2 with 40.3 acres, for a total acreage of 163.4 acres proposed for disposal; and the decrease of the daily average flow limit from 550,000 gallons per day to 360,000 gallons per day. The current permit authorizes the disposal of mine dewatering water at a daily average flow not to exceed 550,000 gallons per day via irrigation. This permit will not authorize a discharge of pollutants into water in the State. The facility is located west of U.S. Highway 67, approximately one mile west of the Shafter townsite, Presidio County, Texas. The disposal site is located 1/2 mile south of the Shafter Mine, Presidio County, Texas. The facility and land application site are located in the drainage area of the Rio Grande, in Segment No. 2307 of the Rio Grande Basin.
TEXAS A & M UNIVERSITY has applied for a renewal of TPDES Permit No. WQ0011211001 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 one mile north of the intersection of U.S. Highway 90 and Aggie Drive and approximately 2.5 miles east of the City of China in Jefferson County, Texas.
CITY OF TOMBALL has applied for a renewal of TPDES Permit No. WQ0010616002, which authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 1,500,000 gallons per day. The facility is located south of Holderrieth Road approximately 2,100 feet north of Willow Creek and approximately 4,300 feet east of the intersection of State Highway 249 and Holderrieth Road in Harris County, Texas.
TRINITY PINES CONFERENCE CENTER, INC. has applied for a new permit, proposed Texas Pollutant Discharge Elimination System (TPDES) Permit No. WQ0014842001, to authorize the discharge of treated domestic wastewater at a daily average flow not to exceed 25,000 gallons per day. Authorization to discharge was previously permitted by expired permit No. WQ0012371001. The facility is located approximately 1,500 feet west of Lake Livingston, and approximately 1,400 feet north of Farm-to-Market Road 356 in Trinity County, Texas.
TRD-200801993
LaDonna Castañuela
Chief Clerk
Texas Commission on Environmental Quality
Filed: April 16, 2008
The State Office of Administrative Hearings issued a Proposal for Decision and Order to the Texas Commission on Environmental Quality on April 10, 2008, in the matter of the Executive Director of the Texas Commission on Environmental Quality, Petitioner v. Klaas Talsma dba Talsma Dairy; SOAH Docket No. 582-08-0090; TCEQ Docket No. 2007-0543-AGR-E. The commission will consider the Administrative Law Judge's Proposal for Decision and Order regarding the enforcement action against Klaas Talsma dba Talsma Dairy on a date and time to be determined by the Office of the Chief Clerk in Room 201S of Building E, 12100 N. Interstate 35, Austin, Texas. This posting is Notice of Opportunity to Comment on the Proposal for Decision and Order. The comment period will end 30 days from date of this publication. Written public comments should be submitted to the Office of the Chief Clerk, MC-105, TCEQ, P.O. Box 13087, Austin, Texas 78711-3087. If you have any questions or need assistance, please contact Paul Munguía, Office of the Chief Clerk, (512) 239-3300.
TRD-200801997
LaDonna Castañuela
Chief Clerk
Texas Commission on Environmental Quality
Filed: April 16, 2008
The Houston-Galveston Area Council (H-GAC) solicits qualified organizations to operate the Gulf Coast Workforce Board's regional system, known as The WorkSource. A proposal package will be available for download at http://www.h-gac.com or http://www.theworksource.org beginning at 12:00 noon Central Standard Time on Monday, April 14, 2008. Hard copies of the proposal package will also be available at that time. A bidder's conference is scheduled for Wednesday April 23, 2008, from 9:00 a.m. to 11:00 a.m. at The United Way Community Resource Center, 50 Waugh Dr., Houston, Texas 77007.
Proposals are due at H-GAC offices on or before 12:00 noon Central Daylight Saving Time on Thursday, May 8, 2008. Mailed proposals must be postmarked no later than Monday, May 5, 2008. H-GAC will not accept late proposals; we will make no exceptions. Prospective bidders may contact Carol Kimmick at (713) 627-3200 or ckimmick@theworksource.org or visit the web site to request a proposal package.
TRD-200801957
Jack Steele
Executive Director
Houston-Galveston Area Council
Filed: April 14, 2008
Hearing Notice for Costa Ibiza Apartments (Series 2008)
Notice is hereby given of a public hearing to be held by the Texas Department of Housing and Community Affairs (the "Issuer") at the Ramada Inn Houston-North, 16510 I-45 North, Houston, Texas 77090, at 6:00 p.m. on May 21, 2008, with respect to an issue of tax-exempt multifamily residential rental development revenue bonds in an aggregate principal amount not to exceed $15,000,000 and taxable bonds, if necessary, in an amount to be determined, to be issued in one or more series (the "Bonds"), by the Issuer. The proceeds of the Bonds will be loaned to Costa Ibiza, Ltd., a limited partnership, or a related person or affiliate thereof (the "Borrower") to finance a portion of the costs of acquiring, constructing, and equipping a multifamily housing development (the "Development") described as follows: 216-unit multifamily residential rental development located at approximately 17000 Hafer Road, Harris County, Texas. Upon the issuance of the Bonds, the Development will be owned by the Borrower.
All interested parties are invited to attend such public hearing to express their views with respect to the Development and the issuance of the Bonds. Questions or requests for additional information may be directed to Teresa Morales at the Texas Department of Housing and Community Affairs, P.O. Box 13941, Austin, TX 78711-3941; (512) 475-3344; and/or teresa.morales@tdhca.state.tx.us.
Persons who intend to appear at the hearing and express their views are invited to contact Teresa Morales in writing in advance of the hearing. Any interested persons unable to attend the hearing may submit their views in writing to Teresa Morales prior to the date scheduled for the hearing. Individuals who require a language interpreter for the hearing should contact Teresa Morales at least three days prior to the hearing date. 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.
Individuals who require auxiliary aids in order to attend this meeting should contact Gina Esteves, ADA Responsible Employee, at (512) 475-3943 or Relay Texas at (800) 735-2989 at least two days before the meeting so that appropriate arrangements can be made.
TRD-200801971
Michael Gerber
Executive Director
Texas Department of Housing and Community Affairs
Filed: April 15, 2008
Application to change the name of GENERAL FIRE & CASUALTY COMPANY to AMERICAN FARMERS & RANCHERS INSURANCE COMPANY, a foreign fire and/or casualty company. The home office is in Oklahoma City, Oklahoma.
Application for admission to the State of Texas by ENVISION INSURANCE COMPANY, a foreign life, accident and/or health company. The home office is in Twinsburg, Ohio.
Application for admission to the State of Texas by LEADING INSURANCE GROUP INSURANCE COMPANY, LTD. (US BRANCH), a foreign fire and/or casualty company. The home office is in Fort Lee, New Jersey
Application for admission to the State of Texas by THE CINCINNATI INDEMNITY COMPANY, a foreign fire and/or casualty company. The home office is in Fairfield Ohio.
Application to change the name of COMMERCIAL GUARANTY CASUALTY INSURANCE COMPANY to MAX AMERICA INSURANCE COMPANY, a foreign fire and/or casualty company. The home office is in South Bend, Indiana.
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-200801991
Gene C. Jarmon
Chief Clerk and General Counsel
Texas Department of Insurance
Filed: April 16, 2008
Texas Insurance Code §§2703.201 et seq. require the Texas Department of Insurance to hold a biennial hearing to consider adoption of premium rates and such other matters and subjects relative to the regulation of the business of title insurance as may be requested by any association, any title insurance company, any title insurance agent, any member of the public, or as the Commissioner may determine necessary to consider. Notice of the hearing will appear in the Texas Register at a later date. This notice of call is issued to receive subjects and matters from any association, any title insurance company, any title insurance agent, or any member of the public such that notice of the matters to be considered at the biennial hearing be provided pursuant to the requirements of §§2703.203, 2703.204, 2703.205, 2703.207, and 2703.208. The scope of the hearing includes subjects and matters related to both real property title insurance and personal property title insurance. Any association, any title insurance company, any title insurance agent, or any member of the public that would like to request that any matter or subject, in addition to the rates for title insurance, be considered at the biennial hearing must provide a detailed description of the matter or subject no later than May 26, 2008.
All requests should be addressed to the Office of the Chief Clerk, Mail Code 113-2A, P.O. Box 149104, Austin, Texas 78714-9104 (please refer to reference number T-0408-08-I). Such proposals and submissions must be submitted and made available in both paper and electronic format compatible and accessible by a computer using the Windows XP operating system and the Microsoft Word program. All information submitted in electronic format to the Office of the Chief Clerk shall be submitted in a format that does not require the use of passwords or any other security measure for accessibility and utilization by the Department.
TRD-200801910
Gene C. Jarmon
Chief Clerk and General Counsel
Texas Department of Insurance
Filed: April 10, 2008
The Commissioner of Insurance (Commissioner) will hold a public hearing under Docket No. 2683 on May 1, 2008 at 9:00 a.m. in Room 100 of the William P. Hobby, Jr. State Office Building, 333 Guadalupe Street in Austin, Texas, to consider a petition by the Texas Windstorm Insurance Association (TWIA) requesting approval of a reinsurance program to operate in addition to or in concert with the catastrophe reserve trust fund established under Chapter 2210, Subchapter J of the Insurance Code. The Insurance Code §2210.453 provides that, with the approval of the Texas Department of Insurance (Department), TWIA may establish a reinsurance program that operates in addition to or in concert with the catastrophe reserve trust fund. The new program is proposed to be effective as of June 1, 2008.
The hearing is held pursuant to the Insurance Code §2210.008, which provides that the Commissioner, after notice and hearing, may issue any orders considered necessary to carry out the purposes of Chapter 2210, including, but not limited to, maximum rates, competitive rates, and policy forms. Any person may appear to testify for or against the proposed reinsurance program.
Copies of the TWIA petition and proposed reinsurance agreement are available for review in the Office of the Chief Clerk, Texas Department of Insurance, 333 Guadalupe Street, Austin, Texas 78714-9104. To request copies of the petition and the proposed reinsurance agreement, please contact Sylvia Gutierrez at (512) 463-6327 (refer to Reference No. P-0408-07).
TRD-200801972
Gene C. Jarmon
Chief Clerk and General Counsel
Texas Department of Insurance
Filed: April 15, 2008
Instant Game Number 1039 "$1,000 Blackjack"
1.0 Name and Style of Game.
A. The name of Instant Game No. 1039 is "$1,000 BLACKJACK". The play style is "beat score".
1.1 Price of Instant Ticket.
A. Tickets for Instant Game No. 1039 shall be $1.00 per ticket.
1.2 Definitions in Instant Game No. 1039.
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: 4 CARD SYMBOL, 5 CARD SYMBOL, 6 CARD SYMBOL, 7 CARD SYMBOL, 8 CARD SYMBOL, 9 CARD SYMBOL, 10 CARD SYMBOL, J CARD SYMBOL, Q CARD SYMBOL, K CARD SYMBOL, A CARD SYMBOL, $1.00, $2.00, $4.00, $5.00, $10.00, $20.00, $40.00, $100 and $1,000.
D. Play Symbol Caption - The printed material appearing below each Play Symbol which explains the Play Symbol. One caption appears under each Play Symbol and is printed in caption font in black ink in positive. The Play Symbol Caption which corresponds with and verifies each Play Symbol is as follows:
FIGURE 1: GAME NO. 1039 - 1.2D
E. Serial Number - A unique 14 (fourteen) digit number appearing under the latex scratch-off covering on the front of the ticket. There will be a four (4)-digit "security number" which will be individually boxed and randomly placed within the number. The remaining ten (10) 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: 00000000000000.
F. Low-Tier Prize - A prize of $1.00, $2.00, $4.00, $5.00, $10.00 or $20.00.
G. Mid-Tier Prize - A prize of $40.00 or $100.
H. High-Tier Prize - A prize of $1,000.
I. Bar Code - A 24 (twenty-four) character interleaved two (2) of five (5) bar code which will include a four (4) digit game ID, the seven (7) digit pack number, the three (3) digit ticket number and the ten (10) digit Validation Number. The bar code appears on the back of the ticket.
J. Pack-Ticket Number - A 14 (fourteen) digit number consisting of the four (4) digit game number (1039), a seven (7) digit pack number, and a three (3) digit ticket number. Ticket numbers start with 001 and end with 150 within each pack. The format will be: 1039-0000001-001.
K. Pack - A pack of "$1,000 BLACKJACK" Instant Game tickets contains 150 tickets, packed in plastic shrink-wrapping and fanfolded in pages of five (5). Tickets 001 to 005 will be on the top page; tickets 006 to 010 on the next page; etc.; and tickets 146 to 150 will be on the last page with backs exposed. Ticket 001 will be folded over so the front of ticket 001 and 010 will be exposed.
L. 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.
M. Ticket or Instant Game Ticket, or Instant Ticket - A Texas Lottery "$1,000 BLACKJACK" Instant Game No. 1039 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 "$1,000 BLACKJACK" Instant Game is determined once the latex on the ticket is scratched off to expose 14 (fourteen) Play Symbols. If the total of any HAND is greater than the total of the DEALER'S HAND, the player wins the prize shown for that HAND. 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 14 (fourteen) 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 14 (fourteen) 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 14 (fourteen) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures;
17. Each of the 14 (fourteen) 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 in a pack will not have identical play data, spot for spot.
B. No duplicate non-winning prize symbols on a ticket.
C. No duplicate non-winning HANDS on a ticket.
D. The DEALER'S HAND will never total 21.
E. No ties between the DEALER'S HAND and HAND 1 through HAND 4.
F. No HAND on a ticket will contain two A play symbols.
2.3 Procedure for Claiming Prizes.
A. To claim a "$1,000 BLACKJACK" Instant Game prize of $1.00, $2.00, $4.00, $5.00, $10.00, $20.00, $40.00, or $100, a claimant shall sign the back of the ticket in the space designated on the ticket and present the winning ticket to any Texas Lottery Retailer. The Texas Lottery Retailer shall verify the claim and, if valid, and upon presentation of proper identification, if appropriate, make payment of the amount due the claimant and physically void the ticket; provided that the Texas Lottery Retailer may, but is not required to pay a $40.00 or $100 ticket. In the event the Texas Lottery Retailer cannot verify the claim, the Texas Lottery Retailer shall provide the claimant with a claim form and instruct the claimant on how to file a claim with the Texas Lottery. If the claim is validated by the Texas Lottery, a check shall be forwarded to the claimant in the amount due. In the event the claim is not validated, the claim shall be denied and the claimant shall be notified promptly. A claimant may also claim any of the above prizes under the procedure described in Section 2.3.B and Section 2.3.C of these Game Procedures.
B. To claim a "$1,000 BLACKJACK" Instant Game prize of $1,000, 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 "$1,000 BLACKJACK" 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 "$1,000 BLACKJACK" 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 "$1,000 BLACKJACK" Instant Game, the Texas Lottery shall deposit the amount of the prize in a custodial bank account, with an adult member of the minor's family or the minor's guardian serving as custodian for the minor.
2.7 Instant Ticket Claim Period. All Instant Game prizes must be claimed within 180 days following the end of the Instant Game or within the applicable time period for certain eligible military personnel as set forth in Texas Government Code §466.408. Any prize not claimed within that period, and in the manner specified in these Game Procedures and on the back of each ticket, shall be forfeited.
2.8 Disclaimer. The number of prizes in a game is approximate based on the number of tickets ordered. The number of actual prizes available in a game may vary based on number of tickets manufactured, testing, distribution, sales and number of prizes claimed. An Instant Game ticket may continue to be sold even when all the top prizes have been claimed.
3.0 Instant Ticket Ownership.
A. Until such time as a signature is placed upon the back portion of an Instant Game ticket in the space designated, a ticket shall be owned by the physical possessor of said ticket. When a signature is placed on the back of the ticket in the space designated, the player whose signature appears in that area shall be the owner of the ticket and shall be entitled to any prize attributable thereto. Notwithstanding any name or names submitted on a claim form, the Executive Director shall make payment to the player whose signature appears on the back of the ticket in the space designated. If more than one name appears on the back of the ticket, the Executive Director will require that one of those players whose name appears thereon be designated by such players to receive payment.
B. The Texas Lottery shall not be responsible for lost or stolen Instant Game tickets and shall not be required to pay on a lost or stolen Instant Game ticket.
4.0 Number and Value of Instant Prizes. There will be approximately 8,160,000 tickets in the Instant Game No. 1039. 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. 1039 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. 1039, 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-200801902
Kimberly L. Kiplin
General Counsel
Texas Lottery Commission
Filed: April 9, 2008
1.0 Name and Style of Game.
A. The name of Instant Game No. 1057 is "SET FOR LIFE". The play style is "key number match with auto win".
1.1 Price of Instant Ticket.
A. Tickets for Instant Game No. 1057 shall be $10.00 per ticket.
1.2 Definitions in Instant Game No. 1057.
A. Display Printing - That area of the instant game ticket outside of the area where the Overprint and Play Symbols appear.
B. Latex Overprint - The removable scratch-off covering over the Play Symbols on the front of the ticket.
C. Play Symbol - The printed data under the latex on the front of the instant ticket that is used to determine eligibility for a prize. Each Play Symbol is printed in Symbol font in black ink in positive except for dual-image games. The possible black play symbols are: 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, COIN SYMBOL, STAR SYMBOL, LIFE SYMBOL, $10.00, $20.00, $50.00, $100, $200, $1,000, $2,500 or $250K/YR 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:
FIGURE 1: GAME NO. 1057 - 1.2D
E. Serial Number - A unique 14 (fourteen) digit number appearing under the latex scratch-off covering on the front of the ticket. There will be a four (4)-digit "security number" which will be individually boxed and randomly placed within the number. The remaining ten (10) 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: 00000000000000.
F. Low-Tier Prize - A prize of $10.00 or $20.00.
G. Mid-Tier Prize - A prize of $50.00, $100, $200 or $500.
H. High-Tier Prize - A prize of $1,000, $2,500 or $250,000/year (not to exceed $5,000,000).
I. Bar Code - A 24 (twenty-four) character interleaved two (2) of five (5) bar code which will include a four (4) digit game ID, the seven (7) digit pack number, the three (3) digit ticket number and the ten (10) digit Validation Number. The bar code appears on the back of the ticket.
J. Pack-Ticket Number - A 14 (fourteen) digit number consisting of the four (4) digit game number (1057), a seven (7) digit pack number, and a three (3) digit ticket number. Ticket numbers start with 001 and end with 050 within each pack. The format will be: 1057-0000001-001.
K. Pack - A pack of "SET FOR LIFE" Instant Game tickets contains 50 tickets, packed in plastic shrink-wrapping and fanfolded in pages of one (1). Ticket back 050 will be exposed on one side of the pack and ticket 001 on the other side.
L. 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.
M. Ticket or Instant Game Ticket, or Instant Ticket - A Texas Lottery "SET FOR LIFE" Instant Game No. 1057 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 "SET FOR LIFE" Instant Game is determined once the latex on the ticket is scratched off to expose 44 (forty-four) play symbols. If the player matches any of YOUR NUMBERS to any of the WINNING NUMBERS, the player wins the PRIZE shown for that number. If the player reveals a COIN SYMBOL, the player wins the PRIZE shown instantly. If the player reveals a STAR SYMBOL, the player wins 10 times the prize shown. If the player reveals a LIFE SYMBOL, the player wins $250,000 a year (not to exceed $5,000,000 total). 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 44 (forty-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 44 (forty-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 44 (forty-four) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures.
17. Each of the 44 (forty-four) Play Symbols on the ticket must be printed in the Symbol font and must correspond precisely to the artwork on file at the Texas Lottery; the ticket Serial Numbers must be printed in the Serial font and must correspond precisely to the artwork on file at the Texas Lottery; and the Pack-Ticket Number must be printed in the Pack-Ticket Number font and must correspond precisely to the artwork on file at the Texas Lottery;
18. The display printing on the ticket must be regular in every respect and correspond precisely to the artwork on file at the Texas Lottery; and
19. The ticket must have been received by the Texas Lottery by applicable deadlines.
B. The ticket must pass all additional validation tests provided for in these Game Procedures, the Texas Lottery's Rules governing the award of prizes of the amount to be validated, and any confidential validation and security tests of the Texas Lottery.
C. Any Instant Game ticket not passing all of the validation requirements is void and ineligible for any prize and shall not be paid. However, the Executive Director may, solely at the Executive Director's discretion, refund the retail sales price of the ticket. In the event a defective ticket is purchased, the only responsibility or liability of the Texas Lottery shall be to replace the defective ticket with another unplayed ticket in that Instant Game (or a ticket of equivalent sales price from any other current Instant Lottery game) or refund the retail sales price of the ticket, solely at the Executive Director's discretion.
2.2 Programmed Game Parameters.
A. Consecutive non-winning tickets will not have identical play data, spot for spot.
B. No five or more matching non-winning prize symbols on a ticket.
C. No duplicate WINNING NUMBERS play symbols on a ticket.
D. No duplicate non-winning YOUR NUMBERS play symbols on a ticket.
E. The STAR (win x 10) play symbol will only appear on intended winning tickets as dictated by the prize structure.
F. The LIFE play symbol will only appear with the $250,000/YR prize symbol and both symbols will only appear on the three winning tickets as dictated by the prize structure.
G. Non-winning prize symbols will never be the same as the winning prize symbol(s).
H. No prize amount in a non-winning spot will correspond with the YOUR NUMBERS play symbol (i.e. 10 and $10).
2.3 Procedure for Claiming Prizes.
A. To claim a "SET FOR LIFE" Instant Game prize of $10.00, $20.00, $50.00, $100, $200 or $500, a claimant shall sign the back of the ticket in the space designated on the ticket and present the winning ticket to any Texas Lottery Retailer. The Texas Lottery Retailer shall verify the claim and, if valid, and upon presentation of proper identification, if appropriate, make payment of the amount due the claimant and physically void the ticket; provided that the Texas Lottery Retailer may, but is not required to pay a $50.00, $100, $200 or $500 ticket. In the event the Texas Lottery Retailer cannot verify the claim, the Texas Lottery Retailer shall provide the claimant with a claim form and instruct the claimant on how to file a claim with the Texas Lottery. If the claim is validated by the Texas Lottery, a check shall be forwarded to the claimant in the amount due. In the event the claim is not validated, the claim shall be denied and the claimant shall be notified promptly. A claimant may also claim any of the above prizes under the procedure described in Section 2.3.B and Section 2.3.C of these Game Procedures.
B. To claim a "SET FOR LIFE" Instant Game prize of $1,000 or $2,500, the claimant must sign the winning ticket and present it at one of the Texas Lottery's Claim Centers. If the claim is validated by the Texas Lottery, payment will be made to the bearer of the validated winning ticket for that prize upon presentation of proper identification. When paying a prize of $600 or more, the Texas Lottery shall file the appropriate income reporting form with the Internal Revenue Service (IRS) and shall withhold federal income tax at a rate set by the IRS if required. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.
C. To claim a "SET FOR LIFE" top level prize of $250,000 per year, (not to exceed $5,000,000 total), the claimant must sign the winning ticket and present it at Texas Lottery Commission headquarters in Austin, Texas. 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.
D. When claiming a "SET FOR LIFE" Instant Game prize of $250,000 per year, (not to exceed $5,000,000 total the claimant will receive,
1. Annually via direct deposit to the winner's account. With this plan, upon validation of the prize, a payment of $250,000 less any taxes and/or other offsets or mandatory withholdings required by law, will be made once a year on the first business day of the anniversary month of the claim. Annual payments will be made for a period of 19 years or a total of 19 annual payments. One additional payment of $250,000 less any taxes and/or other offsets or mandatory withholdings required by law, will be made to reach the total maximum payment of $5,000,000.
2. If a payment falls on a holiday or weekend, the payment will be made on the following business day.
E. As an alternative method of claiming a "SET FOR LIFE" 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.
F. 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; or
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.
G. 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 "SET FOR LIFE" 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 "SET FOR LIFE" Instant Game, the Texas Lottery shall deposit the amount of the prize in a custodial bank account, with an adult member of the minor's family or the minor's guardian serving as custodian for the minor.
2.7 Instant Ticket Claim Period. All Instant Game prizes must be claimed within 180 days following the end of the Instant Game or within the applicable time period for certain eligible military personnel as set forth in Texas Government Code §466.408. Any prize not claimed within that period, and in the manner specified in these Game Procedures and on the back of each ticket, shall be forfeited.
2.8 Disclaimer. The number of prizes in a game is approximate based on the number of tickets ordered. The number of actual prizes available in a game may vary based on number of tickets manufactured, testing, distribution, sales and number of prizes claimed. An Instant Game ticket may continue to be sold even when all the top prizes have been claimed.
3.0 Instant Ticket Ownership.
A. Until such time as a signature is placed upon the back portion of an Instant Game ticket in the space designated, a ticket shall be owned by the physical possessor of said ticket. When a signature is placed on the back of the ticket in the space designated, the player whose signature appears in that area shall be the owner of the ticket and shall be entitled to any prize attributable thereto. Notwithstanding any name or names submitted on a claim form, the Executive Director shall make payment to the player whose signature appears on the back of the ticket in the space designated. If more than one name appears on the back of the ticket, the Executive Director will require that one of those players whose name appears thereon be designated by such players to receive payment.
B. The Texas Lottery shall not be responsible for lost or stolen Instant Game tickets and shall not be required to pay on a lost or stolen Instant Game ticket.
4.0 Number and Value of Instant Prizes. There will be approximately 12,000,000 tickets in the Instant Game No. 1057. 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. 1057 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. 1057, 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-200801903
Kimberly L. Kiplin
General Counsel
Texas Lottery Commission
Filed: April 9, 2008
The North Central Texas Council of Governments (NCTCOG) is issuing a competitive call for projects to award Federal Transit Administration Job Access/Reverse Commute (49 U.S.C. §5316) and New Freedom (49 U.S.C. §5317) Program funds. Approximately $4.4 million in Job Access/Reverse Commute and $1.3 million in New Freedom funding is available for eligible projects selected in the Dallas-Fort Worth Metropolitan Area. The Job Access/Reverse Commute Program provides funding for local projects designed to transport low-income individuals to and from employment and employment-related activities or to transport residents of urban, rural and suburban areas to suburban employment opportunities. The New Freedom Program supports new services and facility improvements that address transportation needs of individuals with disabilities that go beyond those required by the Americans with Disabilities Act. Private non-profit organizations, State or local governmental authorities, and operators of public transportation services, including private operators of public transportation services are encouraged to submit projects for consideration. Detailed information on the call for projects can be obtained online at www.nctcog.org/jarc or by contacting Therese Bergeon at tbergeon@nctcog.org or (817) 695-2967.
Due Date
Project submittals are due at the NCTCOG offices no later than 5 p.m. Central Daylight Time on Friday, June 13, 2008. No late submittals will be accepted.
TRD-200801992
R. Michael Eastland
Executive Director
North Central Council of Governments
Filed: April 16, 2008
Correction to Request for Proposals
The Panhandle Regional Planning Commission (PRPC) is revising the Request for Proposals (RFP) to Manage and Operate a One-Stop Service Delivery System in the Panhandle Workforce Development Area issued on April 1, 2008, and published in the April 4, 2008, issue of the Texas Register (33 TexReg 2865).
Due to changes in funding expectations, PRPC has revised its instructions for proposals to be submitted in response to the RFP.
All prospective proposers who were sent a copy of the RFP have also been sent the revision notice detailing the change in proposal instructions. Others may obtain the revision notice by sending the contact and organization names, and mailing and e-mail addresses to Tony White, Assistant Director, Workforce Development, at twhite@theprpc.org. The revision notice may also be obtained in person at PRPC, 415 West Eighth Avenue, Amarillo, Texas 79101 between 8:00 a.m. to 5:00 p.m., Monday through Friday.
TRD-200801998
Tony White
Assistant Director, Workforce Development
Panhandle Regional Planning Commission
Filed: April 16, 2008
Announcement of Application for an Amendment to a State-Issued Certificate of Franchise Authority
The Public Utility Commission of Texas received an application on April 9, 2008, for an amendment to a state-issued certificate of franchise authority (CFA), pursuant to §§66.001 - 66.016 of the Public Utility Regulatory Act (PURA).
Project Title and Number: Application of Time Warner Cable for an Amendment to a State-Issued Certificate of Franchise Authority, Project Number 35557 before the Public Utility Commission of Texas.
The requested amended CFA service area includes the municipality of Hewitt, 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 35557.
TRD-200801974
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: April 15, 2008
The Public Utility Commission of Texas received an application on April 8, 2008, for a state-issued certificate of franchise authority (CFA), pursuant to §§66.001 - 66.016 of the Public Utility Regulatory Act (PURA).
Project Title and Number: Application of Timberlake Cablevision, Inc. d/b/a CMA Cablevision for a State-Issued Certificate of Franchise Authority, Project Number 35548 before the Public Utility Commission of Texas.
The requested CFA service area includes the City Limits of Sour Lake, 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 35548.
TRD-200801929
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: April 14, 2008
On February 8, 2008, the Public Utility Commission of Texas (PUCT or commission) published Request for Proposals (RFP) 473-08-00174 to select a vendor to provide consulting expert services in connection with a contested case concerning abuse of market power. Notice for the issuing of the RFP was published in the Texas Register on February 8, 2008 (33 TexReg 1189) and in the Electronic State Business Daily on the same date. The RFP was issued pursuant to the PUCT's authority under Title II, Texas Utilities Code §39.1515.
Upon review of the proposal received, Lane Lanford, Executive Director of the PUCT, has determined not to award a contract.
TRD-200801949
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: April 14, 2008
Notice is given to the public of the filing with the Public Utility Commission of Texas of an application on April 11, 2008, for a service provider certificate of operating authority (SPCOA), pursuant to §§54.151 - 54.156 of the Public Utility Regulatory Act (PURA).
Docket Title and Number: Application of Telenational Communications, Inc. for a Service Provider Certificate of Operating Authority, Docket Number 35560 before the Public Utility Commission of Texas.
Applicant intends to provide plain old telephone service, ADSL, ISDN, HDSL, SDSL, RADSL, VDSL, Optical Services, T1-Private Line, Switch 56 KBPS, Frame Relay, Fractional T1, long distance, and wireless services.
Applicant's requested SPCOA geographic area includes the entire State of 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 April 30, 2008. 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 35560.
TRD-200801975
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: April 15, 2008
Notice is given to the public of the filing with the Public Utility Commission of Texas an application on April 9, 2008, for waiver of denial by the Pooling Administrator (PA) of Southwestern Bell Telephone Company d/b/a AT&T Texas' request for two thousand-blocks of numbers on behalf of its customer, Pharr-San Juan-Alamo Independent School District (PSJA ISD) in the 956 Numbering Plan Area (NPA) in the Pharr rate center.
Docket Title and Number: Petition of Southwestern Bell Telephone Company d/b/a AT&T Texas for Waiver of Denial of Numbering Resources, Docket Number 35559.
The Application: AT&T Texas submitted an application to the PA for the requested blocks in accordance with the current guidelines. The PA denied the request because AT&T Texas did not meet the months-to-exhaust and utilization criteria established by the Federal Communications Commission.
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 April 30, 2008. Hearing and speech-impaired individuals with text telephones (TTY) may contact the Commission at (512) 936-7136 or toll free at 1-800-735-2989. All comments should reference Docket Number 35559.
TRD-200801973
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: April 15, 2008
Notice is given to the public of the filing with the Public Utility Commission of Texas of an application filed on April 8, 2008, for an amendment to certificated service area boundaries within Robertson County, Texas.
Docket Style and Number: Application of Entergy Texas, Inc. (ETI) to Amend a Certificate of Convenience and Necessity for Service Area Exception within Robertson County. Docket Number 35549.
The Application: ETI filed an application for a service area boundary exception to allow ETI to provide service to a specific customer located within the certificated service area of Navasota Valley Electric Cooperative, Inc. (NVEC). NVEC has provided a letter of concurrence for the proposed change.
Persons wishing to comment on the action sought or intervene should contact the Public Utility Commission of Texas no later than May 7, 2008 by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll-free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136 or use Relay Texas (toll-free) 1-800-735-2989. All comments should reference Docket Number 35549.
TRD-200801930
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: April 14, 2008
The staff of the Public Utility Commission of Texas (Staff) is interested in taking comments for Project Number 35533, PUC Rulemaking Proceeding Relating to Prepaid Service.
Staff requests that interested persons file comments in response to the following questions regarding pre-pay service that do not use a Customer Prepayment Device or System as defined in PUC Substantive Rule §25.498, relating to Retail Electric Service Using a Customer Prepayment Device or System:
(1) What changes to the current PUC Substantive Rules and/or Electric Reliability Council of Texas (ERCOT) Protocols and Guides would help to facilitate the development of pre-pay products in Texas? Please specify which changes would be the most helpful.
(2) What changes to the current PUC Substantive Rules and/or ERCOT Protocols and Guides would help to ensure that pre-pay applicants and customers have the proper information and customer protections? Please specify which changes would be the most necessary.
(3) PUC Substantive Rule §25.474, relating to Selection of Retail Electric Provider sets forth requirements for the selection of a retail electric provider including the required documentation for enrollment.
(a.) Should there be different criteria for enrollment of pre-pay customers than are specified in the current rule?
(b.) Should the rights for the three day rescission period and switch notification apply when a customer has made a pre-payment?
(4) PUC Substantive Rule §25.475, relating to Information Disclosures to Residential and Small Commercial Customers sets forth requirements for information disclosures to customers. Should there be different requirements for disclosures to applicants or customers of pre-pay products, particularly relating to estimating consumption for prepayments and truing up estimated consumption to actual consumption?
(5) Should pre-pay providers be permitted to request deposits from customers? If so, should the allowed amount of deposit be different than that specified in PUC Substantive Rule §25.478, relating to Credit Requirements and Deposits?
(6) Should pre-pay providers be permitted to charge cancellation, termination, or deactivation fees?
(7) Should the rules set forth guidelines for the minimum or maximum terms of products? If so, what are appropriate terms?
(8) PUC Substantive Rule §25.479, relating to Issuance and Format of Bills and §25.480, relating to Bill Payments and Adjustments set forth requirements for billing and payments. Should there be different requirements for the billing and payments of pre-pay products? What are appropriate parameters for estimating usage and true-ups for pre-pay products? If a retail electric provider (REP) should be able to offer a bill more frequently, how should PUC Substantive Rule §25.479(b)(1) be modified?
(9) Should a REP be permitted to estimate a customer's consumption in connection with pre-paid services?
(a.) If not, are there any special instances when a REP should be able to bill a customer using estimated consumption? (e.g. , when the REP does not have a meter reading from the TDSP, or when a consolidated bill is prepared for multiple electric service identifiers (ESI-IDs))
(b.) If a REP estimates a customer's consumption to issue a bill for prepaid service before receiving the historical usage, and then finds out that the historical usage shows much higher consumption than was estimated, should the REP be permitted to issue a corrected bill?
(10) PUC Substantive Rule §25.483, relating to Disconnection of Service sets forth the requirements for disconnecting customers for non-payments including the timing of notices and disconnect for non-payment requests. Should there be different requirements for the disconnections of customers on pre-pay products?
(11) Are there rule requirements other than those mentioned in the questions above that should be different for REPs offering pre-pay products?
(12) Are there additional requirements, such as additional customer protections or record retention requirements, necessary for REPs who are offering pre-pay products? For example, how can prepay service best accommodate customers receiving energy assistance?
Responses may be filed by submitting 16 copies to the commission's Filing Clerk, Public Utility Commission of Texas, 1701 North Congress Avenue, P.O. Box 13326, Austin, Texas 78711-3326 by Monday, May 26, 2008. All responses should reference Project Number 35533. This notice is not a formal notice of proposed rulemaking, but the parties' responses to the questions will assist the commission in developing a commission policy or determining the necessity for a related rulemaking.
Questions concerning this notice should be referred to Christine Wright, Competitive Markets Division, at (512) 936-7376 or christine.wright@puc.state.tx.us.
TRD-200801945
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: April 14, 2008
Aviation Division - Request for Proposal for Aviation Engineering Services
The City of Shamrock, through its agent the Texas Department of Transportation (TxDOT), intends to engage an aviation professional engineering firm for services pursuant to Government Code, Chapter 2254, Subchapter A. TxDOT Aviation Division will solicit and receive proposals for professional aviation engineering design services described below.
The following is a listing of proposed projects at the Shamrock Municipal Airport during the course of the next five years through multiple grants.
Current Project: City of Shamrock. TxDOT CSJ No.: 0825SHMRK. Provide engineering/design services to rehabilitate apron; rehabilitate and mark Runway 17-35 and stub taxiway; and rehabilitate and mark turnarounds Runway 17-35 at Shamrock Municipal Airport.
There is no HUB participation goal for the current project. The TxDOT Project Manager is Charles Graham.
Future scope work items for engineering/design services within the next five years may include but are not necessarily limited to the following:
1. Construct Auto parking
2. Construct access road
3. Install fencing
The City of Shamrock reserves the right to determine which of the above scope of services may or may not be awarded to the successful firm and to initiate additional procurement action for any of the services above.
To assist in your proposal preparation the criteria, 5010 drawing, and project narrative are available online at www.dot.state.tx.us/avn/avninfo/notice/consult/index.htm by selecting "Shamrock Municipal Airport". The proposal should address a technical approach for the current scope only. Firms shall use page 4, Recent Airport Experience, to list relevant past projects for both current and future scope.
Interested firms shall utilize the latest version of Form AVN-550, titled "Aviation Engineering Services Proposal". The form may be requested from TxDOT Aviation Division, 125 East 11th Street, Austin, Texas 78701-2483, phone number, 1-800-68-PILOT (74568). The form may be emailed by request or downloaded from the TxDOT web site at www.dot.state.tx.us/services/aviation/consultant.htm. The form may not be altered in any way. All printing must be in black on white paper, except for the optional illustration page. Firms must carefully follow the instructions provided on each page of the form. Proposals may not exceed the number of pages in the proposal format. The proposal format consists of seven pages of data plus two optional pages consisting of an illustration page and a proposal summary page. Proposals shall be stapled but not bound in any other fashion. PROPOSALS WILL NOT BE ACCEPTED IN ANY OTHER FORMAT.
ATTENTION: To ensure utilization of the latest version of Form AVN-550, firms are encouraged to download Form AVN-550 from the TxDOT website as addressed above. Utilization of Form AVN-550 from a previous download may not be the exact same format. Form AVN-550 is a PDF Template.
Please note:
Five completed, unfolded copies of Form AVN-550 must be received by TxDOT Aviation Division at 150 East Riverside Drive, 5th Floor, South Tower, Austin, Texas 78704 no later than May 16, 2008, 4:00 p.m. Electronic facsimiles or forms sent by email will not be accepted. Please mark the envelope of the forms to the attention of Edie Stimach.
The consultant selection committee will be composed of Aviation Division staff members. The final selection by the committee will generally be made following the completion of review of proposals. The committee will review all proposals and rate and rank each. The criteria for evaluating engineering proposals can be found at http://www.dot.state.tx.us/services/aviation/consultant.htm . All firms will be notified and the top rated firm will be contacted to begin fee negotiations. The selection committee does, however, reserve the right to conduct interviews for the top rated firms if the committee deems it necessary. If interviews are conducted, selection will be made following interviews.
Please contact TxDOT Aviation for any technical or procedural questions at 1-800-68-PILOT (74568). For procedural questions, please contact Edie Stimach, Grant Manager. For technical questions, please contact Charles Graham, Project Manager.
TRD-200801964
Joanne Wright
Deputy General Counsel
Texas Department of Transportation
Filed: April 15, 2008
The Texas Department of Transportation (department) is soliciting comments for potential revisions to the outdoor advertising rules, 43 TAC Chapter 21, Subchapter I, Regulation of Signs Along Interstate and Primary Highways, and Subchapter K, Control of Signs Along Rural Roads. The department is currently reviewing the rules to develop a rule proposal for consideration by the Texas Transportation Commission. Some of the specific issues the department is seeking comments on are: 1) fee structure; 2) methods for streamlining the current regulations; 3) methods to increase consistency between the primary and rural road sign programs; 4) methods to improve consistent enforcement; and 5) restrictions for new billboard construction on both primary and rural roads located in rural areas. The department will accept and review any suggestions for revisions on any subjects in 43 TAC Chapter 21, Subchapters I and K. The department is seeking both general ideas and specific language suggestions. Comments on specific text changes should include the appropriate citations to sections, subsections, paragraphs, etc. for proper reference.
The department will accept written comments concerning these rules. Written comments should be addressed to John Campbell, Director, Right of Way Division, 125 East 11th Street, Austin, Texas 78701. The deadline for receipt of written comments is 4:00 p.m. June 2, 2008.
The department will not respond individually to comments received pursuant to this notice. The information gathered from the written comments will be used to assist the department in developing rule proposals for the outdoor sign program.
TRD-200801965
Joanne Wright
Deputy General Counsel
Texas Department of Transportation
Filed: April 15, 2008