Office of the Attorney General
Agreed Final Judgment and Permanent Injunction
The State of Texas hereby gives notice of the proposed resolution of an environmental enforcement lawsuit brought pursuant to the Texas Water Code. Before the State may settle a judicial enforcement action, pursuant to Section 7.110 of the Texas Water Code, the State shall permit the public to comment in writing on the proposed judgment. The Attorney General will consider any written comments and may withdraw or withhold consent to the proposed agreed judgment if the comments disclose facts or considerations that indicate that the consent is inappropriate, improper, inadequate, or inconsistent with the requirements of the Law.
Case Title and Court: State of Texas v. City of La Villa, Cause No. D-1-GV-06-000018 in the 98th District, Travis County, Texas.
Nature of Suit: This is a suit for enforcement of an administrative order and rules of the Texas Commission on Environmental Quality concerning a drinking water facility and a waste water treatment plant owned and operated by the City of La Villa in Hidalgo County, Texas.
Proposed Agreed Judgment: The proposed Agreed Final Judgment and Permanent Injunction settles all of the State's claims in the suit. The Agreed Final Judgment and Permanent Injunction contains provisions for injunctive relief, civil penalties, and attorney's fees. The proposed judgment will enjoin the City of La Villa to correct violations at its wastewater treatment plant. The judgment awards the State unpaid fees of $3,294.44; unpaid administrative penalties of $18,025; attorney's fees of $3,500; and civil penalties of $14,000.
The Office of the Attorney General will accept written comments relating to this proposed judgment for thirty (30) days from the date of the publication of this notice. Copies of the proposed judgment may be examined at the Office of the Attorney General, 300 W. 15th Street, 10th Floor, Austin, Texas. A copy of the proposed judgment may also be obtained in person or by mail at the above address for the cost of copying. Requests for copies of the judgment and written comments on the proposed judgment should be directed to Jane E. Atwood, Assistant Attorney General, Office of the Texas Attorney General, P.O. Box 12548, Austin, Texas 78711-2548, (512) 463-2012, facsimile (512) 320-0052.
For more information regarding this publication, contact Lauri Saathoff, Agency Liaison, at (512) 463-2096.
TRD-200801495
Stacey Napier
Deputy Attorney General
Office of the Attorney General
Filed: March 18, 2008
The Capital Area Rural Transportation System (CARTS) invites qualified General Contractors to submit proposals for the construction of an intermodal transit facility in Georgetown, Texas.
Request for Proposals (RFP) and Construction Documents will be available at CARTS Headquarters facility located at 2010 E. 6th St., Austin, Texas 78702-6050 beginning at 2:00 p.m., Wednesday March 26, 2008. A $200.00 refundable deposit check payable to CARTS will be required for each set, with a maximum of four (4) sets per company.
A non-mandatory pre-proposal meeting will be held at the same address at 2:00 p.m., April 9, 2008.
The schedule is:
Wednesday, March 26: 2:00 p.m. - RFP Documents/CDs ready to be picked up by contractors.
Wednesday, April 9: 2:00 p.m. - Pre-Proposal Conference at CARTS.
Monday, April 21: 2:00 p.m. - Deadline for Proposal Questions.
Thursday, April 24 - Responses Distributed via electronic-mail only.
Wednesday, April 30: 2:00 p.m. - Proposals Due at CARTS.
Proposals will be evaluated on cost, qualifications, experience, and the quality and content of the submittal.
TRD-200801483
David Marsh
General Manager
Capital Area Rural Transportation System
Filed: March 17, 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 March 7, 2008, through March 13, 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 March 19, 2008. The public comment period for this project will close at 5:00 p.m. on April 18, 2008.
FEDERAL AGENCY ACTIONS:
Applicant: Mark Weidmann; Location: The project is located in Clear Lake, at 2022 Cove Park Drive, in Kemah, Galveston County, Texas. The project can be located on the U.S.G.S. quadrangle map entitled: League City, Texas. Approximate UTM Coordinates in NAD 83 (meters): Zone 15; Easting: 301396; Northing: 3270747. Project Description: The applicant proposes to replace an existing structure installed by the previous owner. The applicant would build 20- by 34-foot boathouse and pier structure. In addition, the applicant proposes to dredge a 100- by 40-foot area. The dredged area would connect the project site to the MB Harbor Canal in order to provide access for a deeper draft boat. The applicant would dredge approximately 518 cubic feet of material to attain a 6.5 foot depth at mean low tide. All dredged material would be placed on uplands. CCC Project No.: 08-0093-F1; Type of Application: U.S.A.C.E. permit application #SWG-2007-974 is being evaluated under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. §403).
Applicant: Trinity Bay Conservation District; Location: The proposed project is located in wetlands adjacent to East Galveston Bay, at the terminus of FM 562, on Smith Point, in Chambers County, Texas. The project can be located on the U.S.G.S. quadrangle map entitled: Smith Point, Texas. Approximate UTM Coordinates in NAD 27 (meters): Zone 15; Easting: 328484; Northing: 3267986. Project Description: The applicant proposes to fill 1.6 acres of wetlands to construct a water treatment plant. To compensate for impacts to wetlands, the applicant proposes to preserve 7.13 acres of wetlands and 0.07 acre of an unnamed tributary of Trinity Bay adjacent to the project site via Deed Restriction. CCC Project No.: 08-0094-F1; Type of Application: U.S.A.C.E. permit application #SWG-2007-1485 is being evaluated under §404 of the Clean Water Act (33 U.S.C.A. §1344).
Applicant: EOG Resources, Inc.; Location: The project is located in Nueces Bay, beginning at the Rincon Channel on the east end, and extending the length of the Phillips Channel to the location of the proposed State Tract (ST) 690 Well #1. The project can be located on the U.S.G.S. quadrangle map entitled: CORPUS CHRISTI, Texas. Approximate UTM Coordinates for the proposed well location in NAD 27 (meters): Zone 14; Easting: 650,963; Northing: 3,081,139. Project Description: The applicant proposes to hydraulically maintenance dredge the Phillips Channel in Nueces Bay to a width of 70 feet and a depth of -6.5 feet MLLW. In addition, the applicant proposes to hydraulically dredge a new 160-foot by 345-foot access basin in ST's 750 and 690 at the west end of the Phillips Channel to a depth of -6.5 feet MLLW for access to, and creation of a work basin for the proposed ST 690 Well #1 surface location. This will result in the excavation of approximately 140,000 cubic yards of material which will be pumped into one of two confined Port of Corpus Christi Authority Dredged Material Placement Areas. After dredging is complete, the applicant will drill for petroleum resources in ST 690 and construct and install a 4985.5-foot pipeline by trenching a minimum of three feet below the bay bottom to the existing ST 690 well location on the east side of ST 690. Approximately 1,108 cubic yards of bay bottom material will be displaced during pipeline installation. The applicant's agent conducted an oyster, seagrass and sounding survey in the area of the referenced project over numerous dates between November 20, 2006 and September 26, 2007. Oyster reefs were mapped, and the project was modified to avoid direct impact to any of them. During dredging and pipeline operations, all reefs within 500 feet of the dredging, proposed drill site and proposed pipeline will be protected with turbidity curtains. The applicant also states that no drilling, dredging, seismic exploration, construction activity, or watercraft landing will occur within 1,000 feet of a rookery during nesting season between 15 February and 1 September. CCC Project No.: 08-0097-F1; Type of Application: U.S.A.C.E. permit application #SWG-2007-1543 is being evaluated under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. §403) and §404 of the Clean Water Act (33 U.S.C.A. §1344). Note: The consistency review for this project may be conducted by the Railroad Commission of Texas under §401 of the Clean Water Act (33 U.S.C.A. §1344).
Pursuant to §306(d)(14) of the Coastal Zone Management Act of 1972 (16 U.S.C.A. §§1451-1464), as amended, interested parties are invited to submit comments on whether a proposed action is or is not consistent with the Texas Coastal Management Program goals and policies and whether the action should be referred to the Coastal Coordination Council for review.
Further information on the applications listed above may be obtained from Ms. Tammy Brooks, Consistency Review Coordinator, Coastal Coordination Council, P.O. Box 12873, Austin, Texas 78711-2873, or tammy.brooks@glo.state.tx.us. Comments should be sent to Ms. Brooks at the above address or by fax at (512) 475-0680.
TRD-200801491
Larry L. Laine
Chief Clerk/Deputy Land Commissioner, General Land Office
Coastal Coordination Council
Filed: March 18, 2008
The Coastal Coordination Council (Council) files this Notice of Funds Availability to announce the availability of §306/§306A federal grant funds under the Texas Coastal Management Program (CMP). The purpose of the CMP is to improve the management of the state's coastal resources and to ensure the long-term ecological and economic productivity of the coast.
A federal award to the state of approximately $2 million in §306/§306A funding is expected in October 2009. The Council, which oversees the implementation of the CMP, passes through approximately 90% of the available §306/§306A funds to eligible entities in the coastal zone to support projects that implement and/or advance the CMP goals and policies.
Eligible Applicants
The following entities are eligible to receive grants under the CMP.
1. Incorporated cities within the coastal zone boundary.
2. County governments within the coastal zone boundary.
3. Texas state agencies.
4. Texas public colleges/universities.
5. Subdivisions of the state with jurisdiction in the coastal zone (e.g., navigation districts, port authorities, river authorities, and Soil and Water Conservation Districts with jurisdiction in the coastal zone).
6. Councils of governments and other regional governmental entities within the coastal zone boundary.
7. The Galveston Bay Estuary Program.
8. The Coastal Bend Bays and Estuaries Program.
9. Nonprofit organizations located in Texas that are nominated by an eligible entity in categories 1-8 above. A nomination may take the form of a resolution or letter from a responsible official of an entity in categories 1-8. The nominating entity is not expected to financially or administratively contribute to the management and implementation of the proposed project.
Funding Categories
The Council will accept applications for projects that address any of the following funding categories. The categories are not listed in order of preference.
1. Coastal Natural Hazards Response
2. Critical Areas Enhancement
3. Shoreline Access
4. Water Quality Improvement
5. Waterfront Revitalization and Ecotourism Development
6. Permit Streamlining/Assistance and Governmental Coordination
7. Information and Data Availability
8. Public Education and Outreach
Grant workshops will be held in five coastal cities to help potential applicants through the Guidance and Application Package. Grant workshops are opportunities for potential applicants to learn about the changes made to the grant program and to discuss specific project ideas with staff. Applicants are not required to attend a workshop, but attendance is strongly encouraged for first-time and/or inexperienced applicants who are unfamiliar with the CMP application process.
Current subrecipients of CMP grant funding and their financial staff are also encouraged to attend the grant workshops. Project management training will be held immediately following the grant guidance and application portion of the workshop to educate subrecipients of the administrative requirements once a contract is executed. Project management training will cover the progress report, invoice, local match, budget amendment, timesheet, and equipment forms.
May 7, 2008, 10:30 a.m., Port Lavaca, City Hall, 202 N. Virginia.
May 14, 2008, 1:00 p.m., Port Arthur, City Hall, 444 Fourth Street, 5th Floor.
May 15, 2008, 9:00 a.m., Galveston, County Courthouse, 722 Moody, Workshop Room.
May 20, 2008, 1:00 p.m., Corpus Christi, Texas A&M University - Natural Resources Center, 6300 Ocean Drive, Room 1003.
May 21, 2008, 9:00 a.m., Port Isabel, Port Isabel Housing Authority - Community Center, 100 Hockaday.
To obtain a copy of the Guidance and Application Package, please contact Melissa Porter at (512) 475-1393, (800) 998-4GLO or at melissa.porter@glo.state.tx.us. The requirements to receive federal grant funds are outlined in the guidance. Written requests for the Guidance and Application Package should be addressed to: Coastal Coordination Council, CMP Grants Program, c/o Texas General Land Office (GLO), P.O. Box 12873, Austin, Texas 78711-2873. The Guidance and Application Package is also available on the GLO's website at: http://www.glo.state.tx.us/coastal/grants/index.html.
The deadline for receiving draft grant applications is Wednesday, June 25, 2008 by 5:00 p.m. Submission of a draft grant application is optional but is strongly recommended for first-time and/or inexperienced applicants who are unfamiliar with the CMP application process, applicants who have an idea for a new and/or innovative project, applicants who are uncertain if a project is eligible under this grant program, or applicants submitting research projects. Written comments will only be provided to applicants who submit draft grant applications by June 25, 2008 by 5:00 p.m. The deadline for receiving final grant applications is Wednesday, October 15, 2008 by 5:00 p.m. Draft grant applications and final grant applications must be mailed (regular, express, or certified) or hand-delivered to: Coastal Coordination Council, CMP Grants Program, c/o Texas General Land Office, Stephen F. Austin Building, Room 335, 1700 North Congress Avenue, Austin, Texas 78701-1495. Facsimiles, electronic mail transmissions, and applications postmarked on or after the due date will not be accepted.
TRD-200801490
Larry L. Laine
Chief Clerk/Deputy Land Commissioner, General Land Office
Coastal Coordination Council
Filed: March 18, 2008
Local Sales Tax Rate Changes Effective April 1, 2008
TRD-200801468
Martin Cherry
General Counsel
Comptroller of Public Accounts
Filed: March 17, 2008
Pursuant to Chapters 403 and 404, Texas Government Code, the Comptroller of Public Accounts (Comptroller), on behalf of the Texas Treasury Safekeeping Trust Company (Trust Company) announces its Request for Proposals (RFP No. 183c) for Global Real Estate Trust Investment Management Services (Services) in connection with certain of the State's endowment funds managed by the Trust Company. The funds include various endowments, including the Tobacco Settlement Proceed Funds, the Rural Health Assistance Fund, and the Higher Education Fund (Funds). The Comptroller and the Trust Company are requesting proposals for the provision of investment management services for the Funds. If approved by the Trust Company, the successful respondent(s), if any, will be expected to begin performance of the contract, if any, on or about May 15, 2008, or as soon thereafter as practical.
Contact: Parties interested in submitting a proposal should contact William Clay Harris, Assistant General Counsel, Contracts, Comptroller of Public Accounts, 111 E. 17th St., Room G-24, Austin, Texas 78774, (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, March 28, 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 (ESBD) after 10:00 a.m. on Friday, March 28, 2008. The website address is http://esbd.cpa.state.tx.us
Questions and Non-Mandatory Letters of Intent: All written inquiries, questions, and non-mandatory Letters of Intent to propose must be received at the above-referenced address not later than 2:00 p.m. (CZT) on Friday, April 11, 2008. Respondents are encouraged to fax Non-Mandatory Letters of Intent and Questions to (512) 463-3669 to ensure timely receipt. The Letter of Intent must be addressed to William Clay Harris, Assistant General Counsel, Contracts, and must contain the information as stated in the corresponding Section of the RFP and be signed by an official of that entity. On or before Friday, April 18, 2008, the Comptroller expects to post responses to questions as a revision to the electronic notice of the issuance of the RFP. Late Non-mandatory Letters of Intent and Questions received after the deadline will not be considered; all respondents are solely responsible for ensuring timely receipt of Questions and Letters of Intent in the Issuing Office.
Closing Date: Proposals must be delivered to the Office of the Assistant General Counsel, Contracts, at the location specified above (in ROOM G24) no later than 2:00 p.m. (CZT), on Friday, April 25, 2008. Late proposals received after this time and date will not be considered; all respondents are solely responsible for ensuring timely receipt of proposals in the Issuing Office.
Evaluation Criteria: Proposals will be evaluated under the evaluation criteria outlined in the RFP. The Comptroller and the Trust Company reserve the right to accept or reject any or all proposals submitted. The Comptroller and the Trust Company are not obligated to execute a contract on the basis of this notice or the distribution of any RFP. The Comptroller and the Trust Company shall not 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 - Friday, March 28, 2008, after 10:00 a.m. CZT; Non-Mandatory Letters of Intent & Questions Due - April 11, 2008, 2:00 p.m. CZT; Official Responses to Questions posted - April 18, 2008; Proposals Due - April 25, 2008, 2:00 p.m. CZT; Contract Execution - May 15, 2008, or as soon thereafter as practical; Services Available under Contract - May 15, 2008.
TRD-200801508
Pamela Smith
Deputy General Counsel for Contracts
Comptroller of Public Accounts
Filed: March 19, 2008
The Consumer Credit Commissioner of Texas has ascertained the following rate ceilings by use of the formulas and methods described in §§303.003, 303.009, and 304.003, Texas Finance Code.
The weekly ceiling as prescribed by §303.003 and §303.009 for the period of 03/24/08 - 03/30/08 is 18% for Consumer1 /Agricultural/Commercial 2/credit through $250,000.
The weekly ceiling as prescribed by §303.003 and §303.009 for the period of 03/24/08 - 03/30/08 is 18% for Commercial over $250,000.
The judgment ceiling as prescribed by §304.003 for the period of 04/01/08 - 04/30/08 is 6.00% for Consumer/Agricultural/Commercial/credit through $250,000.
The judgment ceiling as prescribed by §304.003 for the period of 04/01/08 - 04/30/08 is 6.00% for Commercial over $250,000.
1Credit for personal, family or household use.
2Credit for business, commercial, investment or other similar purpose.
TRD-200801497
Leslie L. Pettijohn
Commissioner
Office of Consumer Credit Commissioner
Filed: March 18, 2008
Application 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 Energy Capital Credit Union (Houston) seeking approval to merge with Houston Highway Credit Union (Houston). Energy Capital 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-200801504
Harold E. Feeney
Commissioner
Credit Union Department
Filed: March 19, 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 Firstmark Credit Union, San Antonio, Texas to expand its field of membership. The proposal would permit members of San Antonio Friends of the Parks, to be eligible for membership in the credit union.
An application was received from Cooperative Teachers Credit Union, Tyler, Texas to expand its field of membership. The proposal would permit employees of Goodwill Industries of East Texas who work in or are paid from Tyler, Texas, to be eligible for membership in the credit union.
An application was received from Cooperative Teachers Credit Union, Tyler, Texas to expand its field of membership. The proposal would permit employees of Exceptional Home Care who work in or are paid or supervised from Tyler, Texas, to be eligible for membership in the credit union.
An application was received from Delta Community Credit Union, Atlanta, Georgia to expand the field of membership of its branch office located in Southlake, Texas. The proposal would permit employees of G2 Secure Staff, L.L.C. who work in or are paid or supervised from Irving, Texas, 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-200801503
Harold E. Feeney
Commissioner
Credit Union Department
Filed: March 19, 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 April28, 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 April 28, 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: Aguado Stone Incorporated; DOCKET NUMBER: 2007-1667-WQ-E; IDENTIFIER: RN105334353; LOCATION: Belton, Bell County, Texas; TYPE OF FACILITY: stone and rock supply business; RULE VIOLATED: 30 Texas Administrative Code (TAC) §327.5(a) and the Code, §26.121(a)(1), by failing to prevent an unauthorized discharge of diesel fuel; PENALTY: $2,500; ENFORCEMENT COORDINATOR: Libby Hogue, (512) 239-1165; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.
(2) COMPANY: Albertson's LLC; DOCKET NUMBER: 2007-1994-AIR-E; IDENTIFIER: RN101382141; LOCATION: El Paso, El Paso County, Texas; TYPE OF FACILITY: grocery store with gasoline dispensing; RULE VIOLATED: 30 TAC §114.100(a) and Texas Health and Safety Code (THSC), §382.085(b), by failing to comply with the minimum oxygen content of 2.7% by weight of gasoline; PENALTY: $1,040; ENFORCEMENT COORDINATOR: Sidney Wheeler, (512) 239-4969; REGIONAL OFFICE: 401 East Franklin Avenue, Suite 560, El Paso, Texas 79901-1206, (915) 834-4949.
(3) COMPANY: Amerrock Products, LP; DOCKET NUMBER: 2007-1962-AIR-E; IDENTIFIER: RN100215243; LOCATION: Nolanville, Bell County, Texas; TYPE OF FACILITY: rockwool manufacturing plant; RULE VIOLATED: 30 TAC §101.20(3) and §116.115(c), New Source Review (NSR) Permit Number 9397/PSD-TX-625-M1, Special Condition (SC) 6, and THSC, §382.085(b), by failing to maintain cupola furnace oxygen flow at a minimum 38 standard cubic feet per minute; PENALTY: $3,450; ENFORCEMENT COORDINATOR: Terry Murphy, (512) 239-5025; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.
(4) COMPANY: Anjum Investments L.P. dba Star Travel Plaza; DOCKET NUMBER: 2007-1757-PST-E; IDENTIFIER: RN101435584; LOCATION: Denton, Denton County, Texas; TYPE OF FACILITY: truck stop; RULE VIOLATED: 30 TAC §334.50(b)(1)(A) and the Code, §26.3475(c)(1), by failing to ensure that all underground storage tanks (USTs) are monitored in a manner which will detect a release; and 30 TAC §334.49(c)(4) and the Code, §26.3475(d), by failing to inspect and test the cathodic protection system for operability and adequacy of protection; PENALTY: $11,600; ENFORCEMENT COORDINATOR: Philip DeFrancesco, (817) 588-5800; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(5) COMPANY: Atrium Companies, Inc.; DOCKET NUMBER: 2007-1811-AIR-E; IDENTIFIER: RN100708619; LOCATION: Dallas, Dallas County, Texas; TYPE OF FACILITY: window and door manufacturing plant; RULE VIOLATED: 30 TAC §101.10(e) and THSC, §382.085(b), by failing to submit an annual emissions inventory update for the 2006 calendar year; PENALTY: $2,625; ENFORCEMENT COORDINATOR: Sidney Wheeler, (512) 239-4969; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(6) COMPANY: BK Services Inc. dba US 59 Fuel Mart; DOCKET NUMBER: 2007-1592-PST-E; IDENTIFIER: RN102356409; LOCATION: Rosenberg, Fort Bend County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.50(b)(1)(A) and the Code, §26.3475(c)(1), by failing to monitor USTs for releases; PENALTY: $2,675; ENFORCEMENT COORDINATOR: Rajesh Acharya, (512) 239-0577; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(7) COMPANY: Cabot Corporation; DOCKET NUMBER: 2007-2013-AIR-E; IDENTIFIER: RN100221761; LOCATION: Pampa, Gray County, Texas; TYPE OF FACILITY: carbon black production plant; RULE VIOLATED: 30 TAC §111.111(a)(4)(A)(ii), Federal Operating Permit (FOP) Number O-1623, Special Terms and Conditions Number 1A, and THSC, §382.085(b), by failing to document a daily notation of the flare in the flare operation log; 30 TAC §101.201(a)(1)(B) and THSC, §382.085(b), by failing to notify the commission of a reportable emission event; and 30 TAC §101.20(3) and §116.115(b)(2)(F), Permit Number 40088/PSD-TX-934, General Condition Number 8, and THSC, §382.085(b), by failing to maintain particulate matter emissions; PENALTY: $3,825; ENFORCEMENT COORDINATOR: Sidney Wheeler, (512) 239-4969; REGIONAL OFFICE: 3918 Canyon Drive, Amarillo, Texas 79109-4933, (806) 353-9251.
(8) COMPANY: ConocoPhillips Company; DOCKET NUMBER: 2007-1730-AIR-E; IDENTIFIER: RN101619179; LOCATION: Old Ocean, Brazoria County, Texas; TYPE OF FACILITY: refinery; RULE VIOLATED: 30 TAC §116.115(c) and (b)(2)(F), NSR Permit Number 21265, General Condition 8, and THSC, §382.085(b), by failing to prevent unauthorized emissions; and 30 TAC §101.20(3) and §116.115(c), NSR Permit Number 5920A/PSD-TX-103M3, SC 1, and THSC, §382.085(b), by failing to prevent unauthorized emissions; PENALTY: $26,225; ENFORCEMENT COORDINATOR: Audra Ruble, (361) 825-3100; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 76023-1486, (713) 767-3500.
(9) COMPANY: Diamondback Pumping GP LLC; DOCKET NUMBER: 2007-1947-MLM-E; IDENTIFIER: RN105077275; LOCATION: Cresson, Johnson County, Texas; TYPE OF FACILITY: hydraulic fracturing company; RULE VIOLATED: 30 TAC §327.3(b), by failing to notify the agency as soon as possible but no later than 24 hours after the discovery of a spill or discharge; and 30 TAC §335.4(1) and the Code, §26.121(a), by failing to prevent the discharge of industrial waste; PENALTY: $8,570; ENFORCEMENT COORDINATOR: Colin Barth, (512) 239-0086; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(10) COMPANY: Patrick Y. Shin dba Douglas Cleaners; DOCKET NUMBER: 2007-1780-DCL-E; IDENTIFIER: RN102192267; LOCATION: Cedar Hill, Dallas County, Texas; TYPE OF FACILITY: dry cleaning; RULE VIOLATED: 30 TAC §337.11(e) and THSC, §374.102(e), by failing to renew the dry cleaner registration; and 30 TAC §337.14(c) and the Code, §5.702, by failing to pay outstanding dry cleaner fees; PENALTY: $2,000; ENFORCEMENT COORDINATOR: John Shelton, (512) 239-2563; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(11) COMPANY: Eastex Lumber and Supply, LLC; DOCKET NUMBER: 2007-1877-PWS-E; IDENTIFIER: RN100677285; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.46(n)(1) and THSC, §341.035(a)(2), by failing to provide accurate up-to-date detailed as-built plans or record drawings and specifications for each treatment plant, pump station, and storage tank; 30 TAC §290.41(c)(1)(F), by failing to provide a sanitary control easement; 30 TAC §290.46(m)(4), by failing to maintain all distribution system lines in a watertight condition; 30 TAC §290.41(c)(3)(K), by failing to provide a well casing vent with openings that are covered with 16-mesh or finer corrosion resistant screen; and 30 TAC §290.46(m)(1)(B), by failing to conduct annual inspections on the water system's two pressure tanks; PENALTY: $1,250; ENFORCEMENT COORDINATOR: Andrea Linson-Mgbeoduru, (512) 239-1482; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(12) COMPANY: Eastman Chemical Company; DOCKET NUMBER: 2007-1787-AIR-E; IDENTIFIER: RN100219815; LOCATION: Longview, Harrison County, Texas; TYPE OF FACILITY: chemical manufacturing plant; RULE VIOLATED: 30 TAC §116.115(c), Air Permit Number 1105, SC 14.C., and THSC, §382.085(b), by failing to prevent unauthorized emissions; PENALTY: $10,000; Supplemental Environmental Project (SEP) offset amount of $4,000 applied to Texas Association of Resource Conservation and Development Areas, Inc. ("RC&D") - Wastewater Treatment Assistance; ENFORCEMENT COORDINATOR: James Nolan, (512) 239-6634; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.
(13) COMPANY: Elite Drycleaners, Inc. dba Liberty Cleaners; DOCKET NUMBER: 2006-1450-DCL-E; IDENTIFIER: RN103970794; LOCATION: Katy, Harris County, Texas; TYPE OF FACILITY: dry cleaning drop station; RULE VIOLATED: 30 TAC §337.10(a) and THSC, §374.102, by failing to complete and submit the required registration form; PENALTY: $1,067; ENFORCEMENT COORDINATOR: Harvey Wilson, (512) 239-0321; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(14) COMPANY: Entergy Gulf States, Inc.; DOCKET NUMBER: 2008-0246-PST-E; IDENTIFIER: RN100660992; LOCATION: Montgomery County, Texas; TYPE OF FACILITY: fleet refueling; RULE VIOLATED: 30 TAC §334.8(c), by failing to submit initial/renewal UST registration and self-certification forms; PENALTY: $875; ENFORCEMENT COORDINATOR: Melissa Keller, (512) 239-1768; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(15) COMPANY: Equistar Chemicals, LP; DOCKET NUMBER: 2007-1188-AIR-E; IDENTIFIER: RN100216159; LOCATION: Bay City, Matagorda County, Texas; TYPE OF FACILITY: polyethylene manufacturing plant; RULE VIOLATED: 30 TAC §116.115(c) and §122.143(4), Air Permit Number 18836, SC Number 17.E., FOP Number O-01635, SC Numbers 1.A. and 7, 40 Code of Federal Regulations (CFR) §60.482-6(a)(1) and §60.562-2(a), and THSC, §382.085(b), by failing to seal open-ended lines in volatile organic compound (VOC) service; 30 TAC §116.115(c) and §122.143(4), Air Permit Number 18836, SC Number 18.B(1), FOP Number O-01635, SC Number 7, and THSC, §382.085(b), by failing to perform quarterly monitoring on connectors in VOC service; 30 TAC §116.115(c) and §122.143(4), Air Permit Number 18836, SC Number 17.F., FOP Number O-01635, SC Numbers 1.A. and 7, 40 CFR §60.482-7(1) and §60.562-2(a), and THSC, §382.085(b), by failing to perform quarterly monitoring on valves in VOC service; 30 TAC §122.143(4), FOP Number O-01635, SC Number 1.A., 40 CFR §60.482-7(a) and §60.562-2(a), and THSC, §382.085(b), by failing to monitor valves in VOC service for two consecutive months after installation; 30 TAC §116.115(c) and §122.143(4), Air Permit Number 18836, SC Number 17.F., FOP Number O-01635, SC Numbers 1.A. and 7, 40 CFR §60.482-7(d)(1) and §60.562-2(a), and THSC, §382.085(b), by failing to re-monitor a valve in VOC service within 15 days of being replaced; 30 TAC §122.143(4), FOP Number O-01635, SC Number 1.A., 40 CFR §60.482-7(c)(2) and §60.562-2(a), and THSC, §382.085(b), by failing to re-monitor two valves leaking more than 10,000 parts per million for two consecutive leak-free months; 30 TAC §116.115(c) and §122.143(4), Air Permit Number 18836, SC Number 17.I., FOP Number O-01635, SC Numbers 1.A. and 7, 40 CFR §60.482-9(a) and §60.562-2(a), and THSC, §382.085(b), by failing to repair one valve in VOC service by the end of the next unit shutdown; 30 TAC §122.143(4), FOP Number O-01635, SC Number 1.A., 40 CFR §60.482-4(b) and §60.562-2(a), and THSC, §382.085(b), by failing to re-monitor the pressure safety valve downstream of rupture disc RD-302 within five days after pressure release; 30 TAC §116.115(c) and §122.143(4), Air Permit Number 18836, SC Number 9, FOP Number O-01635, SC Number 7, and THSC, §382.085(b), by failing to maintain the flare exit velocity at or below ten feet per second (fps); 30 TAC §116.115(c) and §122.143(4), Air Permit Number 18836, SC Number 9, FOP Number O-01635, SC Numbers 1.A. and 7, 40 CFR §60.18(c)(4), and THSC, §382.085(b), by failing to maintain the flare tip velocity below 60 fps; 30 TAC §116.115(c) and §122.143(4), Air Permit Number 18836, SC Number 6, FOP Number O-01635, SC Number 7, and THSC, §382.085(b), by failing to maintain the flare British Thermal Units (BTU) value greater than 400 on a six-minute rolling average; 30 TAC §116.115(c) and §122.143(4), Air Permit Number 18836, SC Number 7.A., FOP Number O-01635, SC Numbers 1.A. and 7, 40 CFR §60.18(c)(3)(ii), and THSC, §382.085(b), by failing to maintain the flare BTU value greater than 300; 30 TAC §116.115(c) and §122.143(4), Air Permit Number 18836, SC Number 8, FOP Number O-01635, SC Number 7, and THSC, §382.085(b), by failing to maintain a minimum steam-to-hydrocarbon ratio of less than or equal to two; 30 TAC §122.143(4) and §122.145(2)(A), FOP Number O-01635, General Conditions, and THSC, §382.085(b), by failing to report five deviations; 30 TAC §122.143(4), FOP Number O-01635, SC Number 1.A., 40 CFR §60.112a(a)(2), and THSC, §382.085(b), by failing to prevent the landing of the internal floating roof; and 30 TAC §116.115(b)(2)(F) and (c) and §122.143(4), Air Permit Number 18836, SC Numbers 1 and 8, FOP Number O-01635, SC Number 1.A. and 7, 40 CFR §60.112a(a)(2), and THSC, §382.085(b), by failing prevent the landing of the internal floating roof; PENALTY: $51,984; Supplemental Environmental Project (SEP) offset amount of $20,794 applied to Texas Association of Resource Conservation and Development Areas, Inc. ("RC&D") - Clean School Buses; ENFORCEMENT COORDINATOR: Kimberly Morales, (713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(16) COMPANY: Equistar Chemicals, LP; DOCKET NUMBER: 2007-1715-AIR-E; IDENTIFIER: RN100210319; LOCATION: La Porte, Harris County, Texas; TYPE OF FACILITY: petrochemical manufacturing plant; RULE VIOLATED: 30 TAC §116.115(c), Air Permit Number 18978, SC Number 1, and THSC, §382.085(b), by failing to prevent unauthorized emissions; 30 TAC §101.201(a)(1)(B) and THSC, §382.085(b), by failing to report Incident Number 96455 within 24 hours after discovery; and 30 TAC §116.115(c), Air Permit Number 18978, SC Number 1, and THSC, §382.085(b), by failing to prevent unauthorized emissions; PENALTY: $20,431; Supplemental Environmental Project (SEP) offset amount of $8,172 applied to Harris County Public Health and Environmental Services-Pollution Control Division's Fourier Transform Infra Red (FTIR) Project; ENFORCEMENT COORDINATOR: Rebecca Johnson, (713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(17) COMPANY: ExxonMobil Oil Corporation dba Mobil Chemical Company; DOCKET NUMBER: 2007-1840-IWD-E; IDENTIFIER: RN100542844; LOCATION: Beaumont, Jefferson County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), Texas Pollutant Discharge Elimination System (TPDES) Permit Number WQ0000462000, Effluent Limitations and Monitoring Requirement Number 1, and the Code, §26.121(a), by failing to comply with the permitted effluent limits for toluene; PENALTY: $5,740; Supplemental Environmental Project (SEP) offset amount of $2,296 applied to Texas Association of Resource Conservation and Development Areas, Inc. ("RC&D") - Clean School Buses; ENFORCEMENT COORDINATOR: Samuel Short, (512) 239-5363; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.
(18) COMPANY: City of Graham; DOCKET NUMBER: 2007-1624-MWD-E; IDENTIFIER: RN101916880; LOCATION: Graham, Young County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number 10487001, Final Effluent Limitations and Monitoring Requirements Number 1, and the Code, §26.121(a), by failing to comply with the permitted effluent limits for total suspended solids (TSS), total ammonia nitrogen, total flow, and carbonaceous biochemical oxygen demand (CBOD); PENALTY: $3,600; ENFORCEMENT COORDINATOR: Harvey Wilson, (512) 239-0321; REGIONAL OFFICE: 1977 Industrial Boulevard, Abilene, Texas 79602-7833, (915) 698-9674.
(19) COMPANY: Santiago Guzman, Jr. and Josephine Guzman dba Guzman Quality Cleaners; DOCKET NUMBER: 2007-1764-DCL-E; IDENTIFIER: RN101681799; LOCATION: Brownsville, Cameron County, Texas; TYPE OF FACILITY: dry cleaner drop station; RULE VIOLATED: 30 TAC §337.11(e) and THSC, §374.102, by failing to renew the dry cleaner registration; PENALTY: $1,152; ENFORCEMENT COORDINATOR: John Shelton, (512) 239-2563; REGIONAL OFFICE: 1804 West Jefferson Avenue, Harlingen, Texas 78550-5247, (956) 425-6010.
(20) COMPANY: JSW Steel (USA) Inc.; DOCKET NUMBER: 2008-0049-AIR-E; IDENTIFIER: RN100217421; LOCATION: Baytown, Chambers County, Texas; TYPE OF FACILITY: steel mill; RULE VIOLATED: 30 TAC §122.146(2), FOP Number O-01832, General Terms and Conditions, and THSC, §382.085(b), by failing to submit an annual compliance certification; PENALTY: $4,000; ENFORCEMENT COORDINATOR: Kimberly Morales, (713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(21) COMPANY: Lyondell Chemical Company; DOCKET NUMBER: 2007-1866-AIR-E; IDENTIFIER: RN100633650; LOCATION: Channelview, Harris County, Texas; TYPE OF FACILITY: petrochemical plant; RULE VIOLATED: 30 TAC §116.115(c), Permit Number 19155, SC Number 11, and THSC, §382.085(b), by failing to install a gasket that met the correct pipe specifications on the outlet piping; and 30 TAC §116.115(c), Permit Number 19613, SC Number 1, and THSC, §382.085(b), by failing to prevent the unauthorized release of 51 pounds of benzene; PENALTY: $10,200; Supplemental Environmental Project (SEP) offset amount of $4,080 applied to Houston-Galveston AERCO's Clean Cities/Clean Vehicles Program; ENFORCEMENT COORDINATOR: Miriam Hall, (512) 239-1044; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(22) COMPANY: May Man Corporation dba Nevon Food; DOCKET NUMBER: 2008-0245-PST-E; IDENTIFIER: RN102268620; LOCATION: Harris County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.50(b)(1)(A), by failing to provide release detection; and 30 TAC §334.50(d)(1)(B), by failing to implement inventory control methods; PENALTY: $3,500; ENFORCEMENT COORDINATOR: Melissa Keller, (512) 239-1768; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(23) COMPANY: Monarch Utilities I L.P.; DOCKET NUMBER: 2007-1897-MWD-E; IDENTIFIER: RN102177458; LOCATION: Henderson County, Texas; TYPE OF FACILITY: wastewater treatment system; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number WQ0013879001, Effluent Limitations and Monitoring Requirements Number 1, and the Code, §26.121(a)(1), by failing to comply with permitted effluent limits; PENALTY: $35,150; ENFORCEMENT COORDINATOR: Heather Brister, (254) 751-0335; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.
(24) COMPANY: City of Runaway Bay; DOCKET NUMBER: 2007-1564-MWD-E; IDENTIFIER: RN102181385; LOCATION: Wise County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number WQ0010862001, Effluent Limitations and Monitoring Requirements Number 1, and the Code, §26.121(a), by failing to comply with permitted effluent limitations for TSS, ammonia nitrogen, and CBOD; 30 TAC §305.125(17) and TPDES Permit Number WQ0010862001, Sludge Provisions, by failing to timely submit the annual sludge report; 30 TAC §305.125(17) and TPDES Permit Number WQ0010862001, Monitoring and Reporting Requirements Number 1, by failing to timely submit the monthly discharge monitoring report (DMR); and 30 TAC §305.125(14) and TPDES Permit Number WQ0010862001, Monitoring and Reporting Requirements Number 10, by failing to sign and certify the DMRs; PENALTY: $9,675; Supplemental Environmental Project (SEP) offset amount of $7,740 applied to performing illegal dump site cleanups; ENFORCEMENT COORDINATOR: Lynley Doyen, (512) 239-1364; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(25) COMPANY: Robert Lerma, Jr. and Marta Villarreal dba G S I II; DOCKET NUMBER: 2007-1294-AIR-E; IDENTIFIER: RN104707633; LOCATION: Alice, Jim Wells County, Texas; TYPE OF FACILITY: abrasive cleaning and surface coating; RULE VIOLATED: 30 TAC §116.110(a)(1) and THSC, §382.085(b) and §382.0518(a), by failing to obtain authority to operate a site with air emissions; and 30 TAC §106.433(8) and THSC, §382.085(b), by failing to maintain records at the plant; PENALTY: $5,750; ENFORCEMENT COORDINATOR: Audra Ruble, (361) 825-3100; REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5503, (361) 825-3100.
(26) COMPANY: Dale M. Sommerfeld; DOCKET NUMBER: 2007-2003-LII-E; IDENTIFIER: RN103480398; LOCATION: Fort Worth, Tarrant County, Texas; TYPE OF FACILITY: landscape irrigation business; RULE VIOLATED: 30 TAC §30.5(a) and (b) and §344.4(a), Texas Occupations Code, §1903.251, and the Code, §37.003, by failing to hold a landscape irrigator license; PENALTY: $250; ENFORCEMENT COORDINATOR: Elvia Maske, (512) 239-0789; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(27) COMPANY: Southern Forest Products, LLC; DOCKET NUMBER: 2007-1694-AIR-E; IDENTIFIER: RN102213907; LOCATION: Bon Weir, Newton County, Texas; TYPE OF FACILITY: sawmill; RULE VIOLATED: 30 TAC §116.110(a)(1) and §116.315(a) and THSC, §382.085(b), by failing to submit a permit renewal application; PENALTY: $5,000; ENFORCEMENT COORDINATOR: Aaron Houston, (409) 898-3838; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.
(28) COMPANY: City of Streetman; DOCKET NUMBER: 2007-1729-MWD-E; IDENTIFIER: RN101919991; LOCATION: Streetman, Freestone County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number 10471001, Effluent Limitations and Monitoring Requirements Number 1, and the Code, §26.121(a)(1), by failing to comply with permitted effluent limits for TSS and five-day biochemical oxygen demand; and 30 TAC §305.125(17) and TPDES Permit Number 10471001, Sludge Provisions, by failing to timely submit the annual sludge report; PENALTY: $4,805; ENFORCEMENT COORDINATOR: Heather Brister, (254) 751-0335; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.
(29) COMPANY: Texas Petrochemicals LP; DOCKET NUMBER: 2007-2045-AIR-E; IDENTIFIER: RN100219526; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: chemical manufacturing company; RULE VIOLATED: 30 TAC §116.115(c), Air Permit Number 46307, SC Number 1, and THSC, §382.085(b), by failing to prevent unauthorized emissions; PENALTY: $10,000; Supplemental Environmental Project (SEP) offset amount of $5,000 applied to Harris County Public Health and Environmental Services-Pollution Control Division's Fourier Transform Infra Red (FTIR) Project; ENFORCEMENT COORDINATOR: John Muennink, (361) 825-3100; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(30) COMPANY: USA IDOL Inc dba Stop & Go 5; DOCKET NUMBER: 2008-0247-PST-E; IDENTIFIER: RN105136238; LOCATION: Laredo, Webb County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.50(a)(1)(A), by failing to provide release detection; and 30 TAC §334.8(c)(5)(A)(i), by failing to possess a valid TCEQ delivery certificate prior to receiving fuel; PENALTY: $2,625; ENFORCEMENT COORDINATOR: Melissa Keller, (512) 239-1768; REGIONAL OFFICE: 1804 West Jefferson Avenue, Harlingen, Texas 78550-5247, (956) 425-6010.
(31) COMPANY: Se Yon Oh dba US Food Mart 107; DOCKET NUMBER: 2007-1638-PST-E; IDENTIFIER: RN101870491; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.8(c)(5)(B)(ii), by failing to timely renew a previously issued UST delivery certificate by submitting a properly completed UST registration and self-certification form; 30 TAC §334.8(c)(5)(A)(i) and the Code, §26.3467(a), by failing to make available to a common carrier a valid, current TCEQ delivery certificate; 30 TAC §115.244(1) and (3) and THSC, §382.085(b), by failing to conduct daily and monthly inspections of the Stage II Vapor Recovery System (VRS); 30 TAC §115.245(2) and THSC, §382.085(b), by failing to verify proper operation of the Stage II vapor space manifolding and dynamic back pressure; 30 TAC §115.242(3) and THSC, §382.085(b), by failing to maintain the Stage II VRS in proper operating condition; 30 TAC §115.242(9) and THSC, §382.085(b), by failing to post operating instructions conspicuously on the front of each gasoline dispensing pump; and 30 TAC §115.246(3) and (4) and THSC, §382.085(b), by failing to maintain Stage II records at the station and make them immediately available for review; PENALTY: $14,625; ENFORCEMENT COORDINATOR: Judy Kluge, (817) 588-5800; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(32) COMPANY: US Petroleum Depot, Inc.; DOCKET NUMBER: 2007-1735-AIR-E; IDENTIFIER: RN105195317; LOCATION: Brownsville, Cameron County, Texas; TYPE OF FACILITY: petroleum products bulk tank terminal; RULE VIOLATED: 30 TAC §116.110(a) and THSC, §382.085(b) and §382.0518(a), by failing to obtain a permit or meet the conditions of a Permit by Rule; PENALTY: $2,850; ENFORCEMENT COORDINATOR: Sidney Wheeler, (512) 239-4969; REGIONAL OFFICE: 1804 West Jefferson Avenue, Harlingen, Texas 78550-5247, (956) 425-6010.
(33) COMPANY: Robert L. Weaver; DOCKET NUMBER: 2007-1557-WOC-E; IDENTIFIER: RN103865747; LOCATION: Corsicana, Navarro County, Texas; TYPE OF FACILITY: operator; RULE VIOLATED: 30 TAC §30.5 and §30.331(b) and the Code, §26.0301 and §37.003, by failing to hold the appropriate license issued by the commission when engaged in the occupation of operating a domestic wastewater treatment facility; PENALTY: $2,250; ENFORCEMENT COORDINATOR: Tom Jecha, (512) 239-2576; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(34) COMPANY: Wyler Industrial Works, Inc.; DOCKET NUMBER: 2007-1937-AIR-E; IDENTIFIER: RN100817147; LOCATION: El Paso, El Paso County, Texas; TYPE OF FACILITY: machine shop that dispenses fuel for motor vehicle use; RULE VIOLATED: 30 TAC §114.100(a) and THSC, §382.085(b), by failing to ensure the gasoline sold as motor vehicle fuel contained a minimum of 2.7% oxygen by weight; PENALTY: $920; ENFORCEMENT COORDINATOR: Libby Hogue, (512) 239-1165; REGIONAL OFFICE: 401 East Franklin Avenue, Suite 560, El Paso, Texas 79901-1206, (915) 834-4949.
(35) COMPANY: Zam, Inc. dba Circle A Grocery; DOCKET NUMBER: 2007-1846-PST-E; IDENTIFIER: RN102446713; LOCATION: Angleton, Brazoria County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §115.245(2) and THSC, §382.085(b), by failing to verify proper operation of the Stage II vapor space manifolding and dynamic back pressure; 30 TAC §334.49(c)(4) and the Code, §26.3475(d), by failing to have the cathodic protection system inspected and tested for operability and adequacy of protection; 30 TAC §334.50(b)(1)(A) and the Code, §26.3475(c)(1), by failing to ensure that all USTs are monitored in a manner which will detect a release; 30 TAC §334.8(c)(5)(C), by failing to ensure that all USTs are properly identified as listed on the Station's UST registration and self-certification form; 30 TAC §334.8(c)(5)(B)(ii), by failing to timely renew a previously issued UST delivery certificate by submitting a properly completed UST registration and self-certification form; 30 TAC §334.8(c)(5)(A)(i) and the Code, §26.3467(a), by failing to make available to a common carrier a valid, current TCEQ delivery certificate; and 30 TAC §334.51(a)(6) and the Code, §26.3475(c)(2), by failing to ensure that all spill and overfill prevention devices are maintained in good operating condition; PENALTY: $12,500; ENFORCEMENT COORDINATOR: Judy Kluge, (817) 588-5800; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
TRD-200801486
Mary R. Risner
Director, Litigation Division
Texas Commission on Environmental Quality
Filed: March 18, 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 April 28, 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 April 28, 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: Asuda Holdings LLC dba Shell at Rosemeade; DOCKET NUMBER: 2004-1314-PST-E; TCEQ ID NUMBER: RN101532281; LOCATION: 3976 Rosemeade Parkway, Dallas, Dallas County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §37.815(a) and (b), by failing to demonstrate acceptable financial assurance for taking corrective action and for compensating third parties for bodily injury and property damage caused by accidental releases arising from the operation of its petroleum underground storage tanks (USTs) at its facility; PENALTY: $1,940; STAFF ATTORNEY: Justin Lannen, Litigation Division, MC R-4, (817) 588-5927; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(2) COMPANY: C. L. Castillo Builders, Inc.; DOCKET NUMBER: 2006-0777-WQ-E; TCEQ ID NUMBER: RN104949821; LOCATION: off of Graham Point Trail, Royse City, west of County Road 2524, between County Road 2522 and Country Road 2526, Hunt County, Texas; TYPE OF FACILITY: construction site for custom homes; RULES VIOLATED: 30 TAC §281.25(a)(4) and 40 Code of Federal Regulations (CFR) §122.26(c), by failing to obtain authorization to discharge storm water at a construction site through a Texas Pollution Discharge Elimination System Construction General Permit; PENALTY: $1,800; STAFF ATTORNEY: Kari Gilbreth, Litigation Division, MC 175, (512) 239-1320; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(3) COMPANY: Herndon Marine Products, Inc.; DOCKET NUMBER: 2006-0657-PST-E; TCEQ ID NUMBER: RN101526804; LOCATION: 314 Huff Street, Aransas Pass, Aransas County, Texas; TYPE OF FACILITY: shrimp processing plant with a fleet refueling station; RULES VIOLATED: 30 TAC §334.72, by failing to report to the agency a suspected release from above-ground storage tanks within 24 hours of its discovery; and 30 TAC §334.74, by failing to conduct a release investigation and confirmation within 30 days of the discovery of a suspected release; PENALTY: $5,400; STAFF ATTORNEY: Lena Roberts, Litigation Division, MC 175, (512) 239-0019; REGIONAL OFFICE: Corpus Christi Regional Office, 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5503, (361) 825-3100.
(4) COMPANY: Horizon Dairy; DOCKET NUMBER: 2007-0850-AGR-E; TCEQ ID NUMBER: RN102334661; LOCATION: 4483 East Farm-to-Market (FM) 219, Hico, Hamilton County, Texas; TYPE OF FACILITY: concentrated animal feeding operation (CAFO); RULES VIOLATED: 30 TAC §321.33(b)(4), by failing to obtain authorization under a water quality individual permit for a CAFO where any part of the production area or land management units are located in a watershed or a segment listed on the current United States Environmental Protection Agency approved §303(d) list of impaired water bodies and where a total maximum daily load implementation plan has been adopted; PENALTY: $2,020; STAFF ATTORNEY: Barham A. Richard, Litigation Division, MC 175, (512) 239-0107; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(5) COMPANY: Kas Investments, Ltd. dba Convenience Plus; DOCKET NUMBER: 2004-0380-PST-E; TCEQ ID NUMBER: RN101761039; LOCATION: 6422 Stephen F. Austin Road, Jones Creek, Brazoria County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.50(b)(1)(A) and (d)(4)(A)(i) and Texas Water Code (TWC), §26.3475(c)(1), by failing to monitor the USTs for releases at a frequency of at least once every month (not to exceed 35 days between each monitoring); and 30 TAC §334.49(c)(4) and TWC, §26.3475(d), by failing to have cathodic protection system 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; PENALTY: $3,750; STAFF ATTORNEY: Jim Sallans, Litigation Division, MC 175, (512) 239-2053; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Street, Suite H, Houston, Texas 77023, (713) 767-3500.
(6) COMPANY: K & M Michael, Inc. dba Kilgore Food and More; DOCKET NUMBER: 2005-0343-PST-E; TCEQ ID NUMBER: RN102959558; LOCATION: 2512 Highway 259, Kilgore, Gregg County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.51(b)(2)(C) and TWC, §26.3475(c), by failing to install overfill prevention equipment for the UST system; 30 TAC §334.49(a)(4) and TWC, §26.3475(d), by failing to provide corrosion protection for the UST system; 30 TAC §334.8(c)(5)(C), by failing to permanently tag or label each UST fill tube at the facility with the number used to identify the tank on the registration and self-certification form filed with the commission; 30 TAC §334.50(b)(1)(A), (2)(A)(i)(III) and (ii), and (d)(1)(B)(ii) and (iii)(I) and TWC, §26.3475(a) and (c)(1), by failing to monitor piping for releases by means of a piping tightness test or in a manner at a frequency of at least once every month (not to exceed 35 days between each monitoring), by failing to annually test the line leak detectors, by failing to monitor the tanks for releases in a manner at a frequency of at least once every month (not to exceed 35 days between each monitoring), and by failing to reconcile inventory records on a monthly basis and record the inventory volume measurement each operating day; and 30 TAC §334.48(c), by failing to conduct effective manual or automatic inventory control procedures for the UST system; PENALTY: $16,000; STAFF ATTORNEY: Barham A. Richard, Litigation Division, MC 175, (512) 239-0107; REGIONAL OFFICE: Tyler Regional Office, 2916 Teague Drive, Tyler, Texas 75701-3734, (903) 535-5100.
(7) COMPANY: Pak - Baderia Enterprises, Inc. dba M & M Superette; DOCKET NUMBER: 2007-0212-PST-E; TCEQ ID NUMBER: RN102789617; LOCATION: 2800 Memorial Boulevard, Port Arthur, Jefferson County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §115.246(1) and Texas Health and Safety Code (THSC), §382.085(b), by failing to maintain all required Stage II records on-site and make immediately available for review upon request by a TCEQ representative; 30 TAC §115.245(2) and THSC, §382.085(b), by failing to verify proper operation of the Stage II equipment at least once every 12 months; and 30 TAC §115.242(3)(J) and (L) and THSC, §382.085(b), by failing to maintain all components of the Stage II vapor recovery system in proper operating condition as specified by the manufacturer and/or any applicable California Air Resources Board (CARB) executive order(s), and free of defects that would impair the effectiveness of the system; PENALTY: $4,725; STAFF ATTORNEY: Tracy Chandler, Litigation Division, MC 175, (512) 239-0629; REGIONAL OFFICE: Beaumont Regional Office, 3870 Eastex Freeway, Beaumont, Texas 77703-1830, (409) 898-3838.
(8) COMPANY: South Hampton Resources, Inc. formerly known as South Hampton Refining Company; DOCKET NUMBERS: 1997-0180-AIR-E, 1997-0222-AIR-E, 1997-0440-IHW-E, 1998-0114-AIR-E, and 2000-0543-AIR-E; TCEQ ID NUMBERS: RN101995611 and RN102591955; LOCATIONS: FM 418 West, west of Silsbee and Highway 92, Silsbee, Hardin County, Texas; TYPES OF FACILITIES: petroleum product refinery and bulk loading terminal; RULES VIOLATED: 30 TAC §335.2 and §335.43 and 40 CFR §268.4(a)(3) and §270.1(b) and (c), by storing, processing, and/or disposing of hazardous waste in the Surface Impoundment without a permit or other authorization from the TCEQ; 30 TAC §335.6, by failing to notify the TCEQ of its storage, processing, and disposal of hazardous waste in the Surface Impoundment; 30 TAC §335.62 and TCEQ Agreed Order Docket Number 1994-0578-IHW-E, Ordering Provision Number 1.a., by failing to properly determine whether contaminated ground water was hazardous; 30 TAC §335.9(a)(1), by failing to keep records of all hazardous and industrial solid waste activities regarding the quantities generated, stored, processed, and disposed of on-site or shipped offsite for storage, processing, or disposal; 30 TAC §335.62 and §335.503(a) and (b) and Agreed Order Docket Number 1994-0578-IHW-E, Ordering Provision Number 1.e., by failing to conduct hazardous waste determinations and further classify the effluent from Tank Number 7 that was conveyed and placed in the Surface Impoundment; 30 TAC §335.431 (which incorporates 40 CFR §268.7(a)(1)), by failing to provide the required land disposal restriction notice for a shipment of hazardous waste sent on July 19, 1996 to Pure Solve, Inc. in Port Allan, Louisiana; 30 TAC §115.112(a)(2)(F) and §116.115(c) (formerly 30 TAC §116.115(a)), THSC, §382.085(b), and TCEQ Permit Number 3295, Special Condition Number 10, by failing to equip floating roof tank Numbers 1, 4, 40, 41, 48, 64, 65, and 66 with an approved seal system prior to storing material with a vapor pressure at or above 0.5 pounds per square inch absolute (psia) at maximum storage temperature; 30 TAC §101.20(1) (which incorporates 40 CFR §60.482-6(a)(1)) and 30 TAC §115.352(4) (formerly 30 TAC §115.352(a)(4)) and THSC, §382.085(b), by operating eight open-ended valves on volatile organic compound (VOC) lines (Valve Numbers 4155, 4153, 4154 on the slop oil tank; Valve Number 2403 near Heater H103; and Valve Numbers XV-069, 1823, 1830, and 1286A) that were not sealed with a second valve, a blind flange, a cap, or a plug and by failing to properly seal all valves in VOC service; 30 TAC §115.354(4) (formerly 30 TAC §115.324(a)(1)(A)) and THSC, §382.085(b), by failing to monitor emissions from the T-8 Unit process drain with an hydrocarbon gas analyzer (HGA); 30 TAC §116.115(c) (formerly 30 TAC §116.115(a)), THSC, §382.085(b), and TCEQ Permit Number 3295, Special Condition Number 1, by exceeding the VOC emissions limits from Tank Number 41, 48, and 66, as specified in the Maximum Allowable Emission Table; 30 TAC §115.354(4) (formerly 30 TAC §116.115(a)), THSC, §382.085(b), 40 CFR §60.105(a)(4)(iii), and TCEQ Permit Number 3295, Special Condition Number 9.A., by failing to properly certify its continuous emission monitoring system (CEMS) for the hydrogen sulfide (H2S) concentration of the refinery fuel gas; 30 TAC §115.354(4) (formerly 30 TAC §116.115(a)), THSC, §382.085(b), and TCEQ Permit 3295, Special Condition Number 13, by storing material with a vapor pressure greater than 11.0 psia (later reported by South Hampton to be mostly a mixed aldehyde and alcohol stream) in pressurized tanks (Tank Numbers 72, 74, 75, 76, and 77) that did not have pressure gauges between the relief valves and rupture discs; 30 TAC §115.354(4) (formerly 30 TAC §116.115(a)), THSC, §382.085(b), and TCEQ Permit 3295, Special Condition Numbers 13 and 20, by storing material with a vapor pressure greater than 11.0 psia in pressurized tanks (Tank Numbers 72, 74, 75, 76, and 77), and the relief valves were not vented to a flare; 30 TAC §101.20(1) (incorporating 40 CFR §60.105(a)(11)) and THSC, §382.085(b), by failing to properly operate and record CEMS data on January 3, 11, and 30, 1996; February 3, 15, and 16, 1996; March 15, 16, and 31, 1996; and April 6, 9, 17, 23, and 30, 1996; 30 TAC §101.20(1) (incorporating 40 CFR §60.482 - 6(a)(1) and 30 TAC §115.352(4) (formerly 30 TAC §115.352(a)(4)) and THSC, §382.085(b), by failing to properly seal valves in VOC service and operated eight open-ended valves on VOC lines that were not sealed with a second valve, a blind flange, a cap, or a plug; 30 TAC §115.112(a)(1) and THSC, §382.085(b), by storing VOCs in tanks and reservoirs that did not have proper control equipment and that were incapable of preventing vapor or gas loss to the atmosphere; 30 TAC §§101.20(1), 115.115(a)(1), 115.116(a)(2), and 115.354(4) (formerly 30 TAC §116.115(a) and (b)), 40 CFR §60.110b, THSC, §382.085(b), and TCEQ Permit Number 3102, General Provision Number 5, by failing to conduct the required inspections and maintain records for the internal floating roof storage tanks to document whether these inspections did occur; 30 TAC §115.354(4) (formerly 30 TAC §116.115(a)), THSC, §382.085(b), 40 CFR §60.18, and TCEQ Permit Number 3102, Special Condition Number 4, by failing to operate its flare in a manner that ensures adequate combustion and by failing to monitor the flare during operation; 30 TAC §115.112(a)(1) and THSC, §382.085(b), by storing VOCs in tanks and reservoirs that did not have control equipment and that were incapable of preventing vapor or gas loss to the atmosphere; 30 TAC §115.112(a)(1) - (3) and THSC, §382.085(b), by failing to have emission controls on Tank Number 7; 30 TAC §115.212(a)(3)(A)(i) and (ii) and THSC, §382.085(b), by failing to conduct all VOC loading and unloading in such a manner that all liquid and vapor lines were either equipped with fittings which made vapor-tight connections that closed automatically when disconnected or equipped to permit the discharge of residual VOC into a vapor recovery or vapor balance system; 30 TAC §101.20(1) (incorporating 40 CFR §60.104(a)(1)) and 30 TAC §115.354(4) (formerly 30 TAC §116.115(a)), THSC, §382.085(b), and TCEQ Permit 3295, Special Condition Numbers 2, 4, and 9C, by combusting fuel gas that contained H2S in excess of 0.1 grams per dry standard cubic feet (230 milligrams per dry standard cubic meter) in the facility heaters; 30 TAC §101.20(1) (incorporating 40 CFR §60.112b(a)(1)(ii)(B)), THSC, §382.085(b), and TCEQ Permit Number 3295, Special Condition Number 10, by failing to equip Tank Numbers 1, 4, and 66 with secondary seals, or otherwise meet the requirements of Special Condition Number 10; 30 TAC §115.112(a)(1) and §115.354(4) (formerly 30 TAC §116.115(a)), THSC, §382.085(b), and TCEQ Permit Number 3295, Special Condition Number 10, by storing a volatile organic liquid with a vapor pressure in excess of 5.2 kilopascals in Tank Number 66 which did not have double vapor-mounted seals; 30 TAC §115.354(1)(A) (formerly 30 TAC §115.324(a)(1)(A)) and THSC, §382.085(b), by failing to monitor emissions from 11 separate process drains with an HGA; 30 TAC §§101.20(1) (incorporating 40 CFR §61.242-7(d)(1)), 30 TAC §115.352(2) (formerly 30 TAC §115.352(a)(2)), and §115.354(4) (formerly 30 TAC §116.115(a)), THSC, §382.085(b), and TCEQ Permit Number 3295, Special Condition Number 5, by failing to repair a leak from valves (Valve Numbers 1578 and 275) as soon as practicable after it detected the leaks, but no later than 15 calendar days after the leak was discovered, except in the case of an allowable repair delay; 30 TAC §101.201(b) (formerly 30 TAC §101.6(b)(5) and (6)) and THSC, §382.085(b), by failing to create, within two weeks of an incident, complete records of the emissions released during an upset that occurred on February 23, 1997 when Tank Number 71 was over-pressurized; 30 TAC §115.352(2) and (3) and THSC, §382.085(b), by failing to properly tag and attempt to repair and/or repair two leaking valves (Valve Numbers 2166 and 266) in VOC service; 30 TAC §§101.20(1) (incorporating 40 CFR §60.112b(a)(2)(iii)), 30 TAC §115.541(a), and §115.542(a) and THSC, §382.085(b), by failing to properly empty and degas Tank Number 57 when it was taken out of service; 30 TAC §115.546(1)(A) - (C) and THSC, §382.085(b), by failing to maintain records of the chemical name and estimated liquid quantity contained in and removed from each transport vessel which was degassed or cleaned; 30 TAC §115.354(4) (formerly 30 TAC §116.115(a)), THSC, §382.085(b), 40 CFR Part 60, Appendix F, §5.12, and TCEQ Permit Number 3295, Special Condition Numbers 2 and 9B, by failing to conduct a cylinder gas audit for the first quarter of 1998 on the CEMS used to measure and record the H2S concentration of the refinery fuel gas; 30 TAC §101.201(b) (formerly 30 TAC §101.6(b)) and §101.211(b) (formerly 30 TAC §101.7(c)) and THSC, §382.085(b), by failing to create complete records of all non-reportable upsets, maintenance, start-ups, and shutdowns with unauthorized emissions as soon as practicable, but no later than two weeks after upset/events occurred; 30 TAC §101.201(a) (formerly 30 TAC §101.6(a)) and THSC, §382.085(b), by failing to report the upset emissions from the flare (Emission Point Number (EPN) F-2) and/or flare area on May 28, 1999 and June 29, 1999; 30 TAC §101.211(a) (formerly 30 TAC §101.7(a)) and THSC, §382.085(b), by failing to properly report unauthorized emissions from a maintenance, start-up, and/or shut down activities; 30 TAC §101.211(a) (formerly 30 TAC §101.7(a)) and §116.115(c), THSC, §382.085(b), TCEQ Permit Number 3295, Special Condition Number 1, by failing to properly report the unauthorized emissions from the flare (EPN-2) from 0600 hours on October 19, 1999 to 2400 hours on October 20, 1999 that occurred due to a maintenance event on Boiler EPN B-1; 30 TAC §115.352(1)(B), (2), and (3) and THSC, §382.085(b), by failing to repair VOC leaks greater than 10,000 pounds per minute on four pumps (3944-P-139A, 3945-P-139B, 3947-P-7B, and 3965-P-204A) in the Penhex Unit within 15 calendar days after the leaks were found, or tagged and repaired during a unit shutdown if repair would create more emissions than the repair would eliminate. On November 30, 1999 the pumps were found to be leaking but were not tagged and were not repaired during the next unit shut down during the first week in January 2000; THSC, §382.085(b), by failing to prevent the unauthorized emission of 64 pounds of a tetralin (70%) naphthalene (30%) mixture over an eight hour period on April 23, 2001; and 30 TAC §116.115(c), THSC, §382.085(b), and TCEQ Permit Number 3295, Special Condition Number 1, by failing to maintain an emission rate below the allowable emission limit. Special Condition Number 1 of Permit Number 3295 limits the VOC emission rate at tank 41 (EPN TK-41) to 0.36 pounds/hour; PENALTY: $274,433; Supplemental Environmental Project offset amount of $137,216 applied to Texas Association of Resource Conservation & Development Areas, Inc. Water or Wastewater Assistance; STAFF ATTORNEY: Kathleen Decker, Litigation Division, MC 175, (512) 239-6500; REGIONAL OFFICE: Beaumont Regional Office, 3870 Eastex Freeway, Beaumont, Texas 77703-1830, (409) 898-3838.
(9) COMPANY: Virginia Enterprises, Inc. dba Super Food Store; DOCKET NUMBER: 2004-0407-PST-E; TCEQ ID NUMBER: RN102404985; LOCATION: 1410 West Virginia Street, Beaumont, Jefferson County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.50(b)(2)(A)(i)(III) and TWC, §26.3475(a), by failing to test the line leak detectors at least once per year for performance and operational reliability; 30 TAC §334.50(b)(2)(A)(ii)(I) and TWC, §26.3475(a), by failing to perform a piping tightness test for the pressurized line at least once per year on the UST system; 30 TAC §334.50(b)(1)(a) and TWC, §26.3475(c)(1), by failing to monitor the USTs for releases at a frequency of at least once every month (not to exceed 35 days between each monitoring); 30 TAC §334.50(d)(1)(B)(ii) and §334.48(c), by failing to reconcile inventory control records on a monthly basis which are sufficiently accurate to detect a release which equals or exceeds the sum of 1% of flow through plus 130 gallons; 30 TAC §334.50(d)(1)(B)(iii)(I) and §334.48(c), by failing to conduct inventory volume measurements for regulated substance inputs, withdrawals, and amount still remaining in the tanks on a daily basis; 30 TAC §115.246(1) and THSC, §382.085(b), by failing to maintain a copy of the CARB executive order for the Stage II recovery system; 30 TAC §115.246(3) and THSC, §382.085(b), by failing to maintain a record of maintenance conducted on any part of the Stage II equipment; 30 TAC §115.246(6) and THSC, §382.085(b), by failing to maintain a record of the results of the daily inspections of Stage II equipment conducted at the station; 30 TAC §115.245(2) and THSC, §382.085(b), by failing to successfully perform annual Stage II testing within the preceding 12 months and triennial Stage II testing within the preceding 36 months; and 30 TAC §115.248(1) and THSC, §382.085(b), by failing to train a Stage II facility representative and by failing to make each current employee aware of the purpose and correct operation of the Stage II equipment; PENALTY: $7,200; STAFF ATTORNEY: Justin Lannen, Litigation Division, MC R-4, (817) 588-5927; REGIONAL OFFICE: Beaumont Regional Office, 3870 Eastex Freeway, Beaumont, Texas 77703-1830, (409) 898-3838.
(10) COMPANY: Western Trails Water Supply Corporation; DOCKET NUMBER: 2005-1335-MWD-E; TCEQ ID NUMBER: RN102096526; LOCATION: approximately 0.5 miles north of United States Highway 181 and approximately 3.5 miles northwest of the intersection of United States Highway 181 and FM Road 1518, Bexar County, Texas; TYPE OF FACILITY: wastewater treatment facility; RULES VIOLATED: 30 TAC §305.42(a) and TWC, §26.121(a), by failing to submit a permit application for the continued operation of the wastewater treatment facility after the permit had expired on March 1, 2005; and 30 TAC §30.350(j), by failing to employ a wastewater treatment plant operator holding a Class D license or higher; PENALTY: $25,500; STAFF ATTORNEY: 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.
TRD-200801487
Mary R. Risner
Director, Litigation Division
Texas Commission on Environmental Quality
Filed: March 18, 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 April 28, 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 April 28, 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: Husnain Aftab Enterprises, Inc. dba JR Mini Mart; DOCKET NUMBER: 2007-0698-PST-E; TCEQ ID NUMBER: RN103190393; LOCATION: 5320 North Main Street, Vidor, Orange County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §115.246(4), (5), (6), and (7)(A) and Texas Health and Safety Code (THSC), §382.085(b), by failing to maintain Stage II records on-site at the facility and make them immediately available for inspection upon request by agency personnel; 30 TAC §115.245(2) and THSC, §382.085(b), by failing to verify proper operation of the Stage II equipment at least once every 12 months, and the Stage II vapor space manifolding and dynamic pressure performance at least once every 36 months; and 30 TAC §115.242(3)(A) and THSC, §382.085(b), by failing to maintain the Stage II vapor recovery system in proper operating condition and free of defects that would impair the effectiveness of the system; PENALTY: $4,725; STAFF ATTORNEY: Gary Shiu, Litigation Division, MC R-12, (713) 422-8916; REGIONAL OFFICE: Beaumont Regional Office, 3870 Eastex Freeway, Beaumont, Texas 77703-1830, (409) 898-3838.
(2) COMPANY: Hyeshin Han Bouwhuis dba Uptown Cleaners; DOCKET NUMBER: 2006-1382-DCL-E; TCEQ ID NUMBER: RN104096292; LOCATION: 13120C Memorial Drive, Houston, Harris County, Texas; TYPE OF FACILITY: dry cleaning drop station facility; RULES VIOLATED: 30 TAC §337.10(a) and THSC, §374.102, by failing to complete and submit the required registration form to the TCEQ for a dry cleaning facility and/or drop station facility; PENALTY: $1,185; STAFF ATTORNEY: Tracy Chandler, Litigation Division, MC 175, (512) 239-0629; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Street, Suite H, Houston, Texas 77023, (713) 767-3500.
(3) COMPANY: KM Aviation, Inc.; DOCKET NUMBER: 2008-0076-AIR-E; TCEQ ID NUMBER: RN104372990; LOCATION: 5110 Voyager Drive, Dallas, Dallas County, Texas; TYPE OF FACILITY: aerospace surface coating facility; RULES VIOLATED: 30 TAC §116.110(a) and THSC, §382.085(b) and §382.0518(a), by failing to comply with Ordering Provisions Numbers 2.a. - 2.d. of TCEQ Agreed Order Docket No. 2005-0542-AIR-E; PENALTY: $30,000; STAFF ATTORNEY: Shawn Slack, Litigation Division, MC 175, (512) 239-0063; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(4) COMPANY: Michael Lantz O'Neill dba Frontier Park Resort and Marina; DOCKET NUMBER: 2007-0449-MLM-E; TCEQ ID NUMBERS: RN101278034 and RN105161889; LOCATION: 6 miles east of Milam, Carrice Creek, Sabine County, Texas; TYPE OF FACILITY: wastewater treatment plant; RULES VIOLATED: 30 TAC §30.331(b) and Texas Water Code (TWC), §26.0301 and §37.003, by failing to obtain a wastewater operator's license prior to operating a permitted wastewater treatment and collection system; 30 TAC §305.125(1), TWC, §26.121(a), and Texas Pollutant Discharge Elimination System (TPDES) Permit, Effluent Limitations and Monitoring Requirements, Numbers 1, 2, and 6, by failing to comply with permitted effluent limits; 30 TAC §305.125(17) and TPDES Permit, Sludge Provisions, by failing to submit the annual sludge report for the reporting period ending July 31, 2006; 30 TAC §305.125(1) and TPDES Permit, Monitoring and Reporting Requirements, Number 1, by failing to submit all required parameter data as specified in the permit; 30 TAC §305.125(4), TWC, §26.121(a), and TPDES Permit, Permit Conditions, Number 2.g., by failing to prevent unauthorized discharges; 30 TAC §305.125(9) and TPDES Permit, Monitoring and Reporting Requirements, Number 7.a., by failing to properly report unauthorized discharges; 30 TAC §305.125(5) and §317.2 and TPDES Permit, Operational Requirements, Number 1, by failing to ensure that all systems of collection, treatment, and disposal are properly operated and maintained; 30 TAC §319.5(b) and TPDES Permit, Effluent Limitations and Monitoring Requirements, Number 1, by failing to collect and analyze effluent samples for fecal coliform bacteria five times per week; 30 TAC §319.7(c) and TPDES Permit, Monitoring and Reporting Requirements, Number 3.b., by failing to maintain required records; and 30 TAC §305.125(1) and TPDES Permit, Monitoring and Reporting Requirements, Number 7.c., by failing to submit a written report within five days of becoming aware of non-compliant effluent results that deviate from the permitted limitation by more than 40%; PENALTY: $48,535; STAFF ATTORNEY: Lena Roberts, Litigation Division, MC 175, (512) 239-0019; REGIONAL OFFICE: Beaumont Regional Office, 3870 Eastex Freeway, Beaumont, Texas 77703-1830, (409) 898-3838.
(5) COMPANY: Richard K. Song dba KS Cleaners; DOCKET NUMBER: 2007-0756-MLM-E; TCEQ ID NUMBER: RN103955639; LOCATION: 101 East Southwest Parkway, Suite 101, Lewisville, Denton County, Texas; TYPE OF FACILITY: dry cleaning facility; RULES VIOLATED: 30 TAC §337.11(e) and THSC, §374.102(e), by failing to obtain a current dry cleaning facility registration certificate; 30 TAC §337.20(e)(3)(A), by failing to install a dike or other secondary containment structure around each dry cleaning unit and around each storage area for dry cleaning solvents, dry cleaning waste, or dry cleaning containment; 30 TAC §337.20(e)(6), by failing to keep a weekly inspection log for each secondary containment structure; 30 TAC §335.4, by failing to prevent the unauthorized discharge of municipal hazardous waste; 30 TAC §335.9(a)(1), by failing to provide documentation concerning the quantity of waste generated and quantity of waste shipped off-site for disposal each calendar year; and 30 TAC §337.14(c) and TWC, §5.702, by failing to pay outstanding dry cleaner fees for TCEQ Financial Account Number 24001607 for Fiscal Years 2005 and 2006; PENALTY: $7,650; STAFF ATTORNEY: Lena Roberts, Litigation Division, MC 175, (512) 239-0019; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
TRD-200801488
Mary R. Risner
Director, Litigation Division
Texas Commission on Environmental Quality
Filed: March 18, 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 April 28, 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.
Copies of each 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 April 28, 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: Virginia Setia dba Time Out Food Store 2; DOCKET NUMBER: 2004-0316-PST-E; TCEQ ID NUMBER: RN102852704; LOCATION: 12800 1/2 Woodforest Boulevard, Houston, Harris County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.51(b)(2)(C) and Texas Water Code (TWC), §26.3475(c)(2), by failing to provide proper overfill prevention for the underground storage tank (UST) system; 30 TAC §334.49(c)(2)(C) and (4)(C) and TWC, §26.3475(d), by failing to regularly inspect the cathodic protection system at least every 60 days and to test the system as required; 30 TAC §37.815(a) and (b), by failing to demonstrate acceptable financial assurance for taking corrective action and for compensating third parties for bodily injury and property damage caused by accidental releases from the operation of petroleum USTs; 30 TAC §334.48(c) and §334.50(d)(1)(B)(ii) and TWC, §26.3475(c)(1), by failing to conduct daily inventory control and monthly reconciliation of inventory control records; 30 TAC §334.50(b)(2)(A)(I) and TWC, §26.3475(a), by failing to equip pressurized piping with a proper leak detection system; and 30 TAC §334.50(b)(1)(A) and (2)(A)(i) and TWC, §26.3475(a) and (c)(1), by failing to perform and document monthly monitoring of USTs for releases; PENALTY: $34,650 STAFF ATTORNEY: Jim Sallans, Litigation Division, MC 175, (512) 239-2053; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Street, Suite H, Houston, Texas 77023, (713) 767-3500.
TRD-200801489
Mary R. Risner
Director, Litigation Division
Texas Commission on Environmental Quality
Filed: March 18, 2008
Request for Proposal #303-8-11122-A
The Texas Facilities Commission (TFC), on behalf of the Department of Assistive and Rehabilitative Services (DARS), announces the re-issuance of Request for Proposal (RFP) #303-8-11122-A with expanded zip code boundaries. TFC seeks a 5 to 10 year lease of approximately 3,247 square feet of office space in the Colleyville area, Tarrant County, Texas.
The deadline for questions is April 7, 2008 and the deadline for proposals is April 18, 2008 at 3:00 p.m. The award date is May 21, 2008. TFC reserves the right to accept or reject any or all proposals submitted. TFC is under no legal or other obligation to execute a lease on the basis of this notice or the distribution of an RFP. Neither this notice nor the RFP commits TFC to pay for any costs incurred prior to the award of a grant.
Parties interested in submitting a proposal may obtain information by contacting TFC Purchaser Sandy Williams at (512) 475-0453. A copy of the RFP may be downloaded from the Electronic State Business Daily at http://esbd.cpa.state.tx.us/bid_show.cfm?bidid=75655.
TRD-200801482
Kay Molina
General Counsel
Texas Facilities Commission
Filed: March 17, 2008
Licensing Actions for Radioactive Materials
TRD-200801513
Lisa Hernandez
General Counsel
Department of State Health Services
Filed: March 19, 2008
Announcement of Public Forums to Solicit Input on the State of Texas Ten Year Plan to End Homelessness
The Texas Interagency Council for the Homeless is soliciting input on the State of Texas Ten Year Plan to End Homelessness, as well as information on emerging trends and effective techniques in serving the homeless population. We are especially interested in learning where the state can be helpful with existing limited resources. This series of public forums will inform the draft State of Texas Ten Year Plan to End Homelessness. Once the draft is finalized, there will be a public comment period with hearings in various locations across the state. For more information on the Texas Interagency Council for the Homeless, visit the following website: http://www.tich.state.tx.us/.
The public forums will be held at the following times and locations:
Friday, April 4th at 9:00 a.m.
Joe C. Thompson Conference Center
Room 3.102
2405 Dedman Drive
Austin, TX 78713
Monday, April 7th at 10:00 a.m.
Dallas City Hall
1500 Marilla Street
Dallas, TX 75201
Thursday, April 10th at 10:30 a.m.
Rescue Mission of El Paso
1949 West Paisano Drive
El Paso, Texas 79922
Written comments can be addressed to the Texas Interagency Council for the Homeless, Brenda Hull, P.O. Box 13941, Austin TX 78711-3941, or by email at brenda.hull@tdhca.state.tx.us. For more information on these hearings, please contact Brenda Hull at (512) 305-9038.
TRD-200801516
Michael Gerber
Executive Director
Texas Interagency Council for the Homeless
Filed: March 19, 2008
Notice to Public and All Interested Mortgage Lenders
Mortgage Credit Certificate Program
The Texas Department of Housing and Community Affairs (the "Department") intends to implement a Mortgage Credit Certificate Program (the "Program") to assist eligible very low, low and moderate income first-time homebuyers purchase a residence located within the State of Texas.
Under the Program, a first-time homebuyer who satisfies the eligibility requirements described below may receive a federal income tax credit in an amount equal to the product of the certificate credit rate established under the Program and the interest paid or accrued by the homeowner during the taxable year on the remaining principal of the certified indebtedness amount incurred by the homeowner to acquire the principal residence of the homeowner; provided that such credit allowed in any taxable year does not exceed $2,000. In order to qualify to receive a credit certificate, the homebuyer must qualify for a conventional, FHA, VA or other home mortgage loan from a lending institution and must meet the other requirements of the Program.
The credit certificates will be issued to qualified mortgagors on a first-come, first-served basis by the Department, which will review applications from lending institutions and prospective mortgagors to determine compliance with the requirements of the Program and determine that credit certificates remain available under the Program. No credit certificates will be issued prior to 90 days from the date of publication of this notice nor after the date that all of the credit certificate amount has been allocated to homebuyers and in no event after December 31, 2010.
In order to satisfy the eligibility requirements for a certificate under the Program, (a) the prospective residence must be a single-family residence located within the State of Texas that can be reasonably expected to become the principal residence of the mortgagor within a reasonable period of time after the financing is provided; (b) the prospective homebuyer’s current income must not exceed, (i) for families of three or more persons, 115% (140% in certain targeted areas) of the area median income, and (ii) for individuals and families of two persons, 100% (120% in certain targeted areas) of the area median income; (c) the prospective homebuyer must not have owned a home as a principal residence during the past three years (except in the case of certain targeted area residences or in certain cases permitted under applicable provisions of the Internal Revenue Code); (d) the acquisition cost of the residence must not exceed 90% (110%, in the case of certain targeted area residences) of the average area purchase price applicable to the residence; and (e) no part of the proceeds of the qualified indebtedness may be used to acquire or replace an existing mortgage (except in certain cases permitted under applicable provisions of the Internal Revenue Code). Pursuant to the Gulf Opportunity Zone Act of 2005, residences in certain areas affected by Hurricane Rita are treated as targeted area residences. To obtain additional information on the Program, including the boundaries of current targeted areas as well as the current income and purchase price limits (which are subject to revision and adjustment from time to time by the Department pursuant to changes in applicable federal law and Department policy), please contact Cathy Gutierrez at the Texas Department of Housing and Community Affairs, 221 East 11th Street, Austin, Texas 78701-2410; telephone (512) 475-0277.
The Department intends to maintain a list of single family mortgage lenders that will participate in the Program by making loans to qualified holders of these mortgage credit certificates. Any lender interested in appearing on this list or in obtaining additional information regarding the Program should contact Cathy Gutierrez at the Texas Department of Housing and Community Affairs, 221 East 11th Street, Austin, Texas 78701-2410; telephone (512) 475-0277. The Department may schedule a meeting with lenders to discuss in greater detail the requirements of the Program.
This notice is published in satisfaction of the requirements of §25 of the Internal Revenue Code of 1986, as amended, and Treasury Regulation §1.25-3T(j)(4) issued thereunder regarding the public notices prerequisite to the issuance of mortgage credit certificates and to maintaining a list of participating lenders.
TRD-200801469
Michael Gerber
Executive Director
Texas Department of Housing and Community Affairs
Filed: March 17, 2008
I. PURPOSE OF THE REQUEST
The Texas Department of Housing and Community Affairs (the Department or TDHCA) is requesting proposals to provide market analysis relating to affordable housing in the McAllen-Edinburg-Pharr and Brownsville-Harlingen Metropolitan Statistical Areas (McAllen and Brownsville MSAs). The McAllen and Brownsville MSAs include Hidalgo and Cameron counties as identified in Office of Management and Budget Bulletin No. 03-04. The market analysis report will be made available to the public and may be used by TDHCA to aid in decisions regarding its various programs.
II. SCOPE OF WORK
The selected proposal will evaluate the need for additional affordable rental housing in the McAllen and Brownsville MSAs and issue a user friendly report for TDHCA. The respondent will define and analyze submarkets within the McAllen and Brownsville MSAs as part of the overall report. Each submarket analysis will contain the following:
A. General and Demographic Information
1. Describe the submarket’s general characteristics including a map and an explanation for the selection of the boundaries. Where applicable, proposed submarkets should consider submarket boundaries established by the local apartment association. Discuss the predominant form of local government and all local government jurisdictions including overlaps and shared responsibilities. Provide additional maps of the submarket clearly identifying major transportation linkages and significant area amenities including retail, medical and educational facilities. Submarket maps should be sufficiently detailed to allow the reader to identify specific sites within the boundaries. Include maps displaying population density.
2. Describe the current economy for the submarket including existing major industries and any new or anticipated major employment impacts including significant incentives offered for corporate relocation.
3. Provide 2000 US Census data, current year estimates and five year projections for population and households, citing current, commonly used and well documented data sources. Provide a breakdown of households by tenure, income, household size, and age of head of household. Provide an analysis of the trends and/or shocks indicated by the data.
4. Consider existing studies of housing demand for the McAllen and Brownsville MSAs conducted by other entities.
B. Housing Supply Analysis
1. Describe the existing housing supply including total number of units, occupancy, absorption, tenure, turnover, number of bedrooms, typical square footages, unit and development amenities and overall condition and quality of rental housing stock. Include information on population served (market rate, low income, and project-based assistance) and targeted population (family, independent senior and special needs populations). Provide occupancy rate for all Housing Tax Credit units by income group and number of bedrooms. Provide absorption information for all developments completed within the last two years.
2. Provide an analysis of the existing housing supply and its effect on the demand for new modern units. Include an inventory of all existing affordable housing, including Public Housing and location of Housing Choice Vouchers currently in use. Discuss waiting lists for affordable housing. Address condition and redevelopment plans for Public Housing Authority housing, and identify rental housing with significant reported code violations within each submarket.
3. Describe all rental developments with rents affordable to households earning up to 100% of the area median income including those approved by TDHCA, under construction or unstabilized (less than one year at 90% occupancy). Discuss planned properties in the submarket and provide an assessment of their impact on the market in relation to demographic trends. Include a property delivery timeline summarizing projected construction periods, placement in service, and lease-up periods.
4. Provide rental data including rental housing stock by population served (market rate, low income and project-based assistance) and type of occupancy (family, independent senior and special needs populations). Include current rents charged, typical concessions, market vacancy rates and absorption rates. Include a comparison of the market rents and the Housing Tax Credit program maximum rents. Submarket maps should provide location of individual market rate multifamily properties and location of individual subsidized affordable multifamily properties.
C. Analysis of Anticipated Demand
1. Provide detailed analysis of total demand by income group (less than 30%, 31% to 40%, 41% to 50%, 51% to 60% and 60% to 80%, 81% to 100% of AMFI), number of bedrooms, household size, and targeted population (family, independent senior, and special needs populations).
2. Provide a clear identification of the demand calculation methodology. The demand calculation methodology may ultimately be developed collaboratively with the Department. The demand calculation should include population and household growth and other sources that will be defined and mutually agreed to by the Contractor and the Department. The demand calculation methodology will be consistent throughout the market study based on targeted population. The demand calculation is not limited to that required under Title 10 of the Texas Administrative Code §1.33. Two independent models of demand are required and are generally described below.
a. Demand based upon strict need, comprised from:
i. Household growth;
ii. Cost overburdened households;
iii. Overcrowding;
iv. Substandard housing; and,
v. Demand from other non-overlapping sources.
b. Demand based upon traditional transitory patterns, comprised from:
i. Household growth;
ii. Turnover; and,
iii. Demand from other non-overlapping sources.
3. The demand analysis should identify the demand for additional affordable housing units for the year with the most recent baseline data available and for four years following that year.
D. Summary and Conclusions Present summary and conclusions for each submarket in tables that identify the net affordable housing need under both a strict need demand and transitory pattern demand described in C.2.a. and b. of this Request for Proposal (RFP) by income group, number of bedrooms, and targeted population. The net affordable housing need equals the total demand less existing, approved, under construction and unstabilized supply.
E. Appendix Include demographic data used to complete the analysis, any relevant third party information, and a list of references cited in the body of the report.
III. RESPONSE TIME FRAME AND OTHER INFORMATION
Response submission period: March 13 - April 30, 2008
TDHCA Notification: May 23, 2008
Draft Analysis: September 1, 2008
Final Analysis: October 1, 2008
Proposals must comply with rules and statutes relating to purchasing in the State of Texas. Late and/or unsigned proposals will not be considered. The person submitting the proposal must have the authority to bind the organization in a contract. Submissions received after 5:00 PM (CST) on April 30, 2008 will not be considered.
Three hard copies of the proposal should be delivered to the following address: (facsimiles will not be accepted)
Texas Department of Housing and Community Affairs
Attn: Brenda Hull, Housing Resource Center
221 East 11th Street
P.O. Box 13941
Austin, TX 78711-3941
(512) 305-9038
All costs directly or indirectly related to the preparation of a response to this RFP shall be the sole responsibility of and shall be borne by the respondent.
It is the express policy of the Department that parties responding to this request refrain from initiating any direct contact or communication with members of the Board of Directors with regard to this Request for Proposals during the selection process. Any violation of this policy will be considered a basis for disqualification.
Additional information regarding this RFP may be obtained from Brenda Hull at TDHCA. All requests must be in writing to (512) 469-9606 (fax) or brenda.hull@tdhca.state.tx.us (email). All questions and responses will be made available to all applicants via the Department’s website (http://www.tdhca.state.tx.us/) and will be subject to disclosure under the Public Information Law.
TDHCA shall not be obligated to proceed with any action and may decide it is in the Department’s best interest to refrain from pursuing any selection process.
IV. RESPONSE FORMAT
A. Each item in Section V of this Request for Proposals must be addressed.
B. Identify the item to be addressed in the introduction to each response.
C. Please limit your response to 22 pages of text with additional information such as sample work, additional resumes and references submitted in appendix form.
V. PROPOSAL CONTENT
A. General Information
Provide information regarding the applicant including, but not limited to:
1. Resumes of personnel assigned to the market analysis prepared under this RFP;
2. Number of market studies performed by the respondent for multifamily properties including those prepared according to the TDHCA Real Estate Analysis Rules and Guidelines; attach a descriptive list of types of assignments performed since 2002; a complete list of assignments performed is not necessary, but may be included in the appendix;
3. Description of market analysis similar in size and scope to that required by this RFP;
4. Description of familiarity with transactions involving federal and state housing programs;
5. Description of unique qualifications including experience specific to the market study area;
6. Certification that the respondent and its principals and key staff assigned to this proposal does not currently and is not anticipated to have an ownership interest in an entity that will apply for an allocation of funds or tax credits for affordable housing from the Department within twelve months of the due date; additional certification that the respondent and its principals and key staff assigned to this proposal does not currently and is not anticipated to have an ownership interest in an entity that will enter into contract to sell property associated with an allocation of funds or tax credits for affordable housing from the Department within twelve months; additional certification that the respondent has not been barred from receiving funds from the Department or has been removed from the Department’s approved list of market analysts for failure to perform a market study with the Department’s guidelines any time in the last 24 months.
B. Approach
1. Provide a list of the labeled submarkets with a description of the defined boundaries for each and the methodology used to determine the boundaries; include population of each;
2. Provide maps of the McAllen and Brownsville MSAs with each submarket clearly delineated and labeled;
3. Provide a description of the source data to be used and the methodology proposed for analysis;
4. Provide a sample demand calculation (all of C. Analysis of Anticipated Demand under the Scope of Work section above) for the submarket containing Harlingen in the proposal submitted under this RFP.
C. Work Plan and Schedule Provide a proposed work plan with specific dates for deliverables including market study outline, draft, and final draft. Identify resources to be dedicated to this assignment.
D. Fee Schedule Provide a proposed itemized cost schedule for the market analysis.
VI. SELECTION PROCEDURE
Proposals will be referred to a panel of TDHCA staff for evaluation and scoring. Staff will review proposals for compliance with the proposal content requirements and the potential for fulfillment of the scope of work criteria described herein. To assist in the preparation of the proposal, established criteria for review are provided below (weighted values in parentheses).
A. Evidence of respondent’s experience in developing and conducting similar studies (25%).
B. Evidence that the conceptual framework - demand calculation, definition of submarkets, methods and analysis - is adequately developed and appropriate for the aims of the project (30%).
C. Submission of a realistic work plan, resources and timeline (20%).
D. A budget and explanation for the scope and quality needed for successful completion of the project. Emphasis placed on cost efficiency (25%).
VII. WORK MADE FOR HIRE
All work performed pursuant to this agreement specifically including all deliverables developed or prepared for TDHCA is the exclusive property of the State of Texas. All right, title and interest in and to said property shall vest in the State of Texas and shall be deemed to be a work made for hire and made in the course of the services rendered pursuant to this agreement. To the extent that title to any work may not, by operation of law, vest in the State of Texas or such work that may not be considered a work made for hire, all rights, title and interest therein are hereby irrevocably assigned to the State of Texas.
TDHCA and/or the State of Texas shall have the right to obtain and to hold in its own name, copyrights, registrations, or such other protection as may be appropriate to the subject matter, and any extensions and renewals thereof. Contractor agrees to give TDHCA and/or the State of Texas and any person designated by TDHCA and/or the State of Texas, reasonable assistance required to assert the rights defined in this paragraph.
VIII. LICENSE AGREEMENT
TDHCA shall grant to the awarded contractor a non-exclusive, irrevocable, world-wide, royalty-free, license to use, reproduce, distribute and display the materials created pursuant to this agreement, subject to the following terms and conditions. The license granted shall terminate on December 31, 2010 unless renewed by the parties in writing, terminated sooner in accordance with its terms, or if the agreement of which this clause is a part, is terminated for cause.
Each copy of the materials that the contractor distributes shall indicate on the cover that the creation of the material was funded by the Texas Department of Housing and Community Affairs. The contractor agrees that it will not charge a fee for the distribution of the materials, except to recover actual duplication and mailing costs. Contractor shall not create derivatives of or modify the content of the materials except with the express written consent of TDHCA.
Failure to comply with the terms of this license may result in immediate termination of the license agreement by TDHCA. Upon termination of this license agreement, contractor shall return the remaining materials to TDHCA, or shall destroy or distribute them, in accordance with the instructions of TDHCA.
With the prior approval of the Department, the contractor may update the market analysis prepared under this RFP. In the 12-month period following the due date, the contractor is required to provide an explanation if a market analysis submitted to TDHCA contains conclusions that contradict the findings of the market analysis prepared under this RFP.
IX. OPEN RECORDS
Information submitted to TDHCA is public information and is available upon request in accordance with the Texas Public Information Act, Chapter 552 of the Government Code (the "Act"). An applicant submitting any information it considers confidential as to trade secrets or commercial or financial information, which it desires not to be disclosed, must clearly identity all such information in its proposal. If information so identified by an applicant is requested from TDHCA, the applicant will be notified and given an opportunity to present its position to the Texas Attorney General, who shall make the final determination as to whether such information is excepted from disclosure under the Act. Information not clearly identified as confidential will be deemed to be non-confidential and will be made available by TDHCA upon request.
TRD-200801514
Michael Gerber
Executive Director
Texas Department of Housing and Community Affairs
Filed: March 19, 2008
Third Party Administrator Applications
The following third party administrator (TPA) applications have been filed with the Texas Department of Insurance and are under consideration.
Application to change the name of HEALTHPARTNERS ADMINISTRATORS, INC. to HEALTHPARTNERS ADMINISTRATORS, INC. (using the assumed name of HPAI), a foreign third party administrator. The home office is BLOOMINGTON, MINNESOTA.
Application to change the name of WISENBERG, POZMANTIER & CO., INC. (using the assumed name WISENBERG INSURANCE+RISK MANAGEMENT) to WELLS FARGO INSURANCE SERVICES OF TEXAS, INC. (using the assumed name WISENBURG MOTORSPORTS), a domestic third party administrator. The home office is HOUSTON, TEXAS.
Any objections must be filed within 20 days after this notice is published in the Texas Register, addressed to the attention of Matt Ray, MC 107-1A, 333 Guadalupe, Austin, Texas 78701.
TRD-200801512
Gene C. Jarmon
Chief Clerk and General Counsel
Texas Department of Insurance
Filed: March 19, 2008
Instant Game Number 1042 "9's in a Line"
1.0 Name and Style of Game.
A. The name of Instant Game No. 1042 is "9'S IN A LINE". The play style for this game is "row/column/diagonal".
1.1 Price of Instant Ticket.
A. Tickets for Instant Game No. 1042 shall be $1.00 per ticket.
1.2 Definitions in Instant Game No. 1042.
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: 2, 3, 4, 5, 6, 7, 8, 9, $1.00, $2.00, $3.00, $9.00, $19.00, $49.00, $99.00, $199 and $900.
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: 16 TAC GAME NO. 1042 - 1.2D
E. Retailer Validation Code - Three (3) letters found under the removable scratch-off covering in the play area, which retailers use to verify and validate instant winners. These three (3) small letters are for validation purposes and cannot be used to play the game. The possible validation codes are:
Figure 2: 16 TAC GAME NO. 1042 - 1.2E
Low-tier winning tickets use the required codes listed in Figure 2. Non-winning tickets and high-tier tickets use a non-required combination of the required codes listed in Figure 2 with the exception of ∅, which will only appear on low-tier winners and will always have a slash through it.
F. Serial Number - A unique 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.
G. Low-Tier Prize - A prize of $1.00, $2.00, $3.00, $9.00 or $19.00.
H. Mid-Tier Prize - A prize of $49.00, $99.00 or $199.
I. High-Tier Prize - A prize of $900.
J. 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.
K. Pack-Ticket Number - A 14 (fourteen) digit number consisting of the four (4) digit game number (1042), 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: 1042-0000001-001.
L. Pack - A pack of "9'S IN A LINE" 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.
M. Non-Winning Ticket - A ticket which is not programmed to be a winning ticket or a ticket that does not meet all of the requirements of these Game Procedures, the State Lottery Act (Texas Government Code, Chapter 466), and applicable rules adopted by the Texas Lottery pursuant to the State Lottery Act and referenced in 16 TAC, Chapter 401.
N. Ticket or Instant Game Ticket, or Instant Ticket - A Texas Lottery "9'S IN A LINE" Instant Game No. 1042 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 §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 "9'S IN A LINE" Instant Game is determined once the latex on the ticket is scratched off to expose 10 (ten) Play Symbols. If a player reveals three (3) 9's play symbols in any one row, column or diagonal, the player wins prize. 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 10 (ten) 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 10 (ten) 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 10 (ten) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures;
17. Each of the 10 (ten) 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 ticket will contain three or more of a kind other than the 9 symbol.
2.3 Procedure for Claiming Prizes.
A. To claim a "9'S IN A LINE" Instant Game prize of $1.00, $2.00, $3.00, $9.00, $19.00, $49.00, $99.00 or $199, 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 $49.00, $99.00 or $199 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 "9'S IN A LINE" Instant Game prize of $900, 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 "9'S IN A LINE" 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 "9'S IN A LINE" 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 "9'S IN A LINE" Instant Game, the Texas Lottery shall deposit the amount of the prize in a custodial bank account, with an adult member of the minor's family or the minor's guardian serving as custodian for the minor.
2.7 Instant Ticket Claim Period. All Instant Game prizes must be claimed within 180 days following the end of the Instant Game or within the applicable time period for certain eligible military personnel as set forth in Texas Government Code Section 466.408. Any prize not claimed within that period, and in the manner specified in these Game Procedures and on the back of each ticket, shall be forfeited.
2.8 Disclaimer. The number of prizes in a game is approximate based on the number of tickets ordered. The number of actual prizes available in a game may vary based on number of tickets manufactured, testing, distribution, sales and number of prizes claimed. An Instant Game ticket may continue to be sold even when all the top prizes have been claimed.
3.0 Instant Ticket Ownership.
A. Until such time as a signature is placed upon the back portion of an Instant Game ticket in the space designated, a ticket shall be owned by the physical possessor of said ticket. When a signature is placed on the back of the ticket in the space designated, the player whose signature appears in that area shall be the owner of the ticket and shall be entitled to any prize attributable thereto. Notwithstanding any name or names submitted on a claim form, the Executive Director shall make payment to the player whose signature appears on the back of the ticket in the space designated. If more than one name appears on the back of the ticket, the Executive Director will require that one of those players whose name appears thereon be designated by such players to receive payment.
B. The Texas Lottery shall not be responsible for lost or stolen Instant Game tickets and shall not be required to pay on a lost or stolen Instant Game ticket.
4.0 Number and Value of Instant Prizes. There will be approximately 20,160,000 tickets in the Instant Game No. 1042. The approximate number and value of prizes in the game are as follows:
Figure 3: 16 TAC GAME NO. 1042 - 4.0
A. The actual number of tickets in the game may be increased or decreased at the sole discretion of the Texas Lottery Commission.
5.0 End of the Instant Game. The Executive Director may, at any time, announce a closing date (end date) for the Instant Game No. 1042 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. 1042, 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-200801434
Kimberly L. Kiplin
General Counsel
Texas Lottery Commission
Filed: March 13, 2008
1.0 Name and Style of Game.
A. The name of Instant Game No. 1047 is "BREAK THE BANK". The play style is "key number match with auto win".
1.1 Price of Instant Ticket.
A. Tickets for Instant Game No. 1047 shall be $2.00 per ticket.
1.2 Definitions in Instant Game No. 1047.
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 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, STACK OF BILLS SYMBOL, $2.00, $4.00, $6.00, $10.00, $20.00, $50.00, $200, $1,000, $3,000 and $30,000.
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. 1047 - 1.2D
E. Retailer Validation Code - Three (3) letters found under the removable scratch-off covering in the play area, which retailers use to verify and validate instant winners. These three (3) small letters are for validation purposes and cannot be used to play the game. The possible validation codes are:
Figure 2: GAME NO. 1047 - 1.2E
Low-tier winning tickets use the required codes listed in Figure 2. Non-winning tickets and high-tier tickets use a non-required combination of the required codes listed in Figure 2 with the exception of ∅, which will only appear on low-tier winners and will always have a slash through it.
F. Serial Number - A unique 14 (fourteen) digit number appearing under the latex scratch-off covering on the front of the ticket. There is a boxed four (4) digit Security Number placed randomly within the Serial Number. The remaining 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.
G. Low-Tier Prize - A prize of $2.00, $4.00, $6.00, $8.00, $10.00, $12.00 or $20.00.
H. Mid-Tier Prize - A prize of $50.00 or $200.
I. High-Tier Prize - A prize of $1,000, $3,000 or $30,000.
J. 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.
K. Pack-Ticket Number - A 14 (fourteen) digit number consisting of the four (4) digit game number (1047), a seven (7) digit pack number, and a three (3) digit ticket number. Ticket numbers start with 001 and end with 125 within each pack. The format will be: 1047-0000001-001.
L. Pack - A pack of "BREAK THE BANK" Instant Game tickets contains 125 tickets, packed in plastic shrink-wrapping and fanfolded in pages of two (2). One ticket will be folded over to expose a front and back of one ticket on each pack. Please note the books will be in an A, B. C and D configuration.
M. Non-Winning Ticket - A ticket which is not programmed to be a winning ticket or a ticket that does not meet all of the requirements of these Game Procedures, the State Lottery Act (Texas Government Code, Chapter 466), and applicable rules adopted by the Texas Lottery pursuant to the State Lottery Act and referenced in 16 TAC, Chapter 401.
N. Ticket or Instant Game Ticket, or Instant Ticket - A Texas Lottery "BREAK THE BANK" Instant Game No. 1047 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 "BREAK THE BANK" Instant Game is determined once the latex on the ticket is scratched off to expose 19 (nineteen) play symbols. If the player matches any of YOUR NUMBERS play symbols to any of the 3 LUCKY NUMBERS play symbols, the player wins the prize shown for that number. If the player reveals a "stack of bills" symbol, the player wins the prize instantly. No portion of the display printing nor any extraneous matter whatsoever shall be usable or playable as a part of the Instant Game.
2.1 Instant Ticket Validation Requirements.
A. To be a valid Instant Game ticket, all of the following requirements must be met:
1. Exactly 19 (nineteen) 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 19 (nineteen) 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 19 (nineteen) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures;
17. Each of the 19 (nineteen) 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. Non-winning prize symbols will not match a winning prize symbol on a ticket.
C. No duplicate LUCKY NUMBERS play symbols on a ticket.
D. There will be no correlation between the matching symbols and the prize amount.
E. The STACK OF BILLS (auto win) play symbol will never appear more than once on a ticket.
F. No duplicate non-winning YOUR NUMBER play symbols on a ticket.
2.3 Procedure for Claiming Prizes.
A. To claim a "BREAK THE BANK" Instant Game prize of $2.00, $4.00, $6.00, $8.00, $10.00, $12.00, $20.00, $50.00 or $200, 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 or $200 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 2.3.C of these Game Procedures.
B. To claim a "BREAK THE BANK" Instant Game prize of $1,000, $3,000 or $30,000, 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 "BREAK THE BANK" 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; 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 Resource 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 "BREAK THE BANK" 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 "BREAK THE BANK" Instant Game, the Texas Lottery shall deposit the amount of the prize in a custodial bank account, with an adult member of the minor's family or the minor's guardian serving as custodian for the minor.
2.7 Instant Ticket Claim Period. All Instant Game prizes must be claimed within 180 days following the end of the Instant Game or within the applicable time period for certain eligible military personnel as set forth in Texas Government Code Section 466.408. Any prize not claimed within that period, and in the manner specified in these Game Procedures and on the back of each ticket, shall be forfeited.
2.8 Disclaimer. The number of prizes in a game is approximate based on the number of tickets ordered. The number of actual prizes available in a game may vary based on number of tickets manufactured, testing, distribution, sales and number of prizes claimed. An Instant Game ticket may continue to be sold even when all the top prizes have been claimed.
3.0 Instant Ticket Ownership.
A. Until such time as a signature is placed upon the back portion of an Instant Game ticket in the space designated, a ticket shall be owned by the physical possessor of said ticket. When a signature is placed on the back of the ticket in the space designated, the player whose signature appears in that area shall be the owner of the ticket and shall be entitled to any prize attributable thereto. Notwithstanding any name or names submitted on a claim form, the Executive Director shall make payment to the player whose signature appears on the back of the ticket in the space designated. If more than one name appears on the back of the ticket, the Executive Director will require that one of those players whose name appears thereon be designated by such players to receive payment.
B. The Texas Lottery shall not be responsible for lost or stolen Instant Game tickets and shall not be required to pay on a lost or stolen Instant Game ticket.
4.0 Number and Value of Instant Prizes. There will be approximately 50,400,000 tickets in the Instant Game No. 1047. 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.
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. 1047 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. 1047, 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-200801435
Kimberly L. Kiplin
General Counsel
Texas Lottery Commission
Filed: March 13, 2008
1.0 Name and Style of Game.
A. The name of Instant Game No. 1052 is "JUMBO BUCKS". The play style is "key number match with doubler".
1.1 Price of Instant Ticket.
A. Tickets for Instant Game No. 1052 shall be $2.00 per ticket.
1.2 Definitions in Instant Game No. 1052.
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, JUMBO SYMBOL, $2.00, $4.00, $5.00, $10.00, $20.00, $50.00, $200, $2,000 and $20,000.
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. 1052 - 1.2D
E. Retailer Validation Code - Three (3) letters found under the removable scratch-off covering in the play area, which retailers use to verify and validate instant winners. These three (3) small letters are for validation purposes and cannot be used to play the game. The possible validation codes are:
Figure 2: GAME NO. 1052 - 1.2E
Low-tier winning tickets use the required codes listed in Figure 2. Non-winning tickets and high-tier tickets use a non-required combination of the required codes listed in Figure 2 with the exception of ∅, which will only appear on low-tier winners and will always have a slash through it.
F. Serial Number - A unique 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.
G. Low-Tier Prize - A prize of $2.00, $4.00, $5.00, $10.00 or $20.00.
H. Mid-Tier Prize - A prize of $50.00 or $200.
I. High-Tier Prize - A prize of $2,000 or $20,000.
J. 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.
K. Pack-Ticket Number - A 14 (fourteen) digit number consisting of the four (4) digit game number (1052), a seven (7) digit pack number, and a three (3) digit ticket number. Ticket numbers start with 001 and end with 125 within each pack. The format will be: 1052-0000001-001.
L. Pack - A pack of "JUMBO BUCKS" Instant Game tickets contains 125 tickets, packed in plastic shrink-wrapping and fanfolded in pages of two (2). One ticket will be folded over to expose a front and back of one ticket on each pack. Please note the books will be in an A, B. C and D configuration.
M. Non-Winning Ticket - A ticket which is not programmed to be a winning ticket or a ticket that does not meet all of the requirements of these Game Procedures, the State Lottery Act (Texas Government Code, Chapter 466), and applicable rules adopted by the Texas Lottery pursuant to the State Lottery Act and referenced in 16 TAC, Chapter 401.
N. Ticket or Instant Game Ticket, or Instant Ticket - A Texas Lottery "JUMBO BUCKS" Instant Game No. 1052 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 "JUMBO BUCKS" Instant Game is determined once the latex on the ticket is scratched off to expose 22 (twenty-two) Play Symbols. If a player matches any of YOUR NUMBERS play symbols to either SERIAL NUMBER play symbol, the player wins PRIZE shown for that number. If a player reveals a "JUMBO" play symbol, the player wins DOUBLE the PRIZE shown for that symbol. 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 22 (twenty-two) 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 22 (twenty-two) 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 22 (twenty-two) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures;
17. Each of the 22 (twenty-two) 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. The "JUMBO" (doubler) play symbol will only appear on intended winning tickets and only as dictated by the prize structure.
C. No more than two (2) duplicate non-winning prize symbols will appear on a ticket.
D. No duplicate SERIAL NUMBERS play symbols on a ticket.
E. No duplicate non-winning YOUR NUMBERS play symbols on a ticket.
F. Non-winning prize symbols will never be the same as the winning prize symbol(s).
G. No prize amount in a non-winning spot will correspond with the YOUR NUMBERS play symbol (i.e. 5 and $5).
H. The top prize symbol will appear on every ticket unless otherwise restricted.
2.3 Procedure for Claiming Prizes.
A. To claim a "JUMBO BUCKS" Instant Game prize of $2.00, $4.00, $5.00, $10.00, $20.00, $50.00, or $200, 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 or $200 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 "JUMBO BUCKS" Instant Game prize of $2,000 or $20,000, the claimant must sign the winning ticket and present it at one of the Texas Lottery's Claim Centers. If the claim is validated by the Texas Lottery, payment will be made to the bearer of the validated winning ticket for that prize upon presentation of proper identification. When paying a prize of $600 or more, the Texas Lottery shall file the appropriate income reporting form with the Internal Revenue Service (IRS) and shall withhold federal income tax at a rate set by the IRS if required. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.
C. As an alternative method of claiming a "JUMBO BUCKS" 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 "JUMBO BUCKS" 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 "JUMBO BUCKS" Instant Game, the Texas Lottery shall deposit the amount of the prize in a custodial bank account, with an adult member of the minor's family or the minor's guardian serving as custodian for the minor.
2.7 Instant Ticket Claim Period. All Instant Game prizes must be claimed within 180 days following the end of the Instant Game or within the applicable time period for certain eligible military personnel as set forth in Texas Government Code Section 466.408. Any prize not claimed within that period, and in the manner specified in these Game Procedures and on the back of each ticket, shall be forfeited.
2.8 Disclaimer. The number of prizes in a game is approximate based on the number of tickets ordered. The number of actual prizes available in a game may vary based on number of tickets manufactured, testing, distribution, sales and number of prizes claimed. An Instant Game ticket may continue to be sold even when all the top prizes have been claimed.
3.0 Instant Ticket Ownership.
A. Until such time as a signature is placed upon the back portion of an Instant Game ticket in the space designated, a ticket shall be owned by the physical possessor of said ticket. When a signature is placed on the back of the ticket in the space designated, the player whose signature appears in that area shall be the owner of the ticket and shall be entitled to any prize attributable thereto. Notwithstanding any name or names submitted on a claim form, the Executive Director shall make payment to the player whose signature appears on the back of the ticket in the space designated. If more than one name appears on the back of the ticket, the Executive Director will require that one of those players whose name appears thereon be designated by such players to receive payment.
B. The Texas Lottery shall not be responsible for lost or stolen Instant Game tickets and shall not be required to pay on a lost or stolen Instant Game ticket.
4.0 Number and Value of Instant Prizes. There will be approximately 8,040,000 tickets in the Instant Game No. 1052. 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. 1052 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. 1052, 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-200801436
Kimberly L. Kiplin
General Counsel
Texas Lottery Commission
Filed: March 13, 2008
1.0 Name and Style of Game.
A. The name of Instant Game No. 1062 is "MONTHLY BONUS". The play style is "key number match with auto win".
1.1 Price of Instant Ticket.
A. Tickets for Instant Game No. 1062 shall be $5.00 per ticket.
1.2 Definitions in Instant Game No. 1062.
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, DOLLAR BILL SYMBOL, $5.00, $10.00, $15.00, $20.00, $50.00, $200, $2,000, $10,000, and $20,000.
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: 16 TAC GAME NO. 1062- 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 $5.00, $10.00, $15.00, or $20.00.
G. Mid-Tier Prize - A prize of $25.00, $50.00, $60.00, or $200.
H. High-Tier Prize - A prize of $2,000, $20,000 or $10,000/MO ($10,000 per month for 20 years).
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 (1062), a seven (7) digit pack number, and a three (3) digit ticket number. Ticket numbers start with 001 and end with 075 within each pack. The format will be: 1062-0000001-001.
K. Pack - A pack of "MONTHLY BONUS" Instant Game tickets contains 075 tickets, packed in plastic shrink-wrapping and fanfolded in pages of one (1). The packs will alternate. One will show the front of ticket 001 and back of 075 while the other fold will show the back of 001 and front 075.
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 "MONTHLY BONUS" Instant Game No. 1062 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 "MONTHLY BONUS" Instant Game is determined once the latex on the ticket is scratched off to expose 45 (forty-five) Play Symbols. If a player matches any of YOUR NUMBERS play symbols to any of the LUCKY NUMBERS play symbols, the player wins PRIZE shown for that number. If a player reveals a "DOLLAR BILL" play symbol, the player wins $10,000 per month for 20 years. 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 45 (forty-five) 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 45 (forty-five) 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 45 (forty-five) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures;
17. Each of the 45 (forty-five) 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 YOUR NUMBERS play symbols on a ticket.
C. No duplicate LUCKY NUMBERS play symbols on a ticket.
D. No more than four matching non-winning prize symbols on a ticket.
E. A non-winning prize symbol will never be the same as a winning prize symbol.
F. No prize amount in a non-winning spot will correspond with the YOUR NUMBERS play symbol (i.e., 5 and $5).
G. The "DOLLAR BILL" (auto win) and $10,000 prize symbol will only appear on intended winning tickets as dictated by the prize structure and will only appear with each other.
H. The $20,000 prize symbol will appear on every ticket unless otherwise restricted.
2.3 Procedure for Claiming Prizes.
A. To claim a "MONTHLY BONUS" Instant Game prize of $5.00, $10.00, $15.00, $20.00, $25.00, $50.00, $60.00, or $200, 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 $25.00, $50.00, $60.00, or $200 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 "MONTHLY BONUS" Instant Game prize of $2,000 or $20,000, the claimant must sign the winning ticket and present it at one of the Texas Lottery's Claim Centers. If the claim is validated by the Texas Lottery, payment will be made to the bearer of the validated winning ticket for that prize upon presentation of proper identification. When paying a prize of $600 or more, the Texas Lottery shall file the appropriate income reporting form with the Internal Revenue Service (IRS) and shall withhold federal income tax at a rate set by the IRS if required. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.
C. As an alternative method of claiming a "MONTHLY BONUS" 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. To claim a "MONTHLY BONUS" top level prize of $10,000/MO for 20 years, 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.
E. When claiming a "MONTHLY BONUS" Instant Game prize of $10,000 per month for 20 years, the claimant must choose one of two (2) payment options for receiving his prize:
1. Monthly via direct deposit to the winner's account. With this plan, upon validation of the prize, a payment of $10,000 less any taxes and/or other offsets or mandatory withholdings required by law, will be made each month on the first business day of the month for a combined total of $120,000 per year. Monthly payments will be made for a period of 20 years or a total of 240 monthly payments to reach the total maximum payment of "$2,400, 000".
2. Annually, via direct deposit to the winner's account. With this plan, upon validation of the prize, a payment of $120,000 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 20 years or a total of 20 annual to reach the total maximum payment of $2,400,000.
3. If a payment falls on a holiday or weekend, the payment will be made on the following business day.
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 of Public Accounts, the Texas Workforce Commission, or Texas Alcoholic Beverage Commission;
2. delinquent in making child support payments administered or collected by the Office of 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.
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 "MONTHLY BONUS" 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 "MONTHLY BONUS" 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 15,000,000 tickets in the Instant Game No. 1062. The approximate number and value of prizes in the game are as follows:
Figure 2: 16 TAC GAME NO. 1062- 4.0
A. The actual number of tickets in the game may be increased or decreased at the sole discretion of the Texas Lottery Commission.
5.0 End of the Instant Game. The Executive Director may, at any time, announce a closing date (end date) for the Instant Game No. 1062 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. 1062, 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-200801437
Kimberly L. Kiplin
General Counsel
Texas Lottery Commission
Filed: March 13, 2008
The Panhandle Regional Planning Commission (PRPC) is soliciting proposals from qualified entities to organize and operate an integrated one-stop service delivery system to deliver workforce development and child care program services in the 26 counties of the Texas Panhandle Workforce Development Area under a single contract.
Services provided through the One-Stop service delivery system will include but may not be limited to those funded and governed by the Workforce Investment Act, TANF/CHOICES, Food Stamp Employment and Training, Project RIO, Wagner-Peyser Employment Services and Child Care and Development Fund grants.
Proposers will be expected to demonstrate the capability to conduct workforce service delivery for all customer groups at the current level and also effectively incorporate the Board’s stated priorities.
The initial term for any award resulting from this solicitation will be October 1, 2008 through September 30, 2009, with the possibility for renewal for up to three additional years.
The proposal schedule is expected to be as follows:
Release Request For Proposals (RFP) April 1, 2008
Proposers Conference April 17, 2008, 1:30 p.m.
Deadline for Questions April 23, 2008
Deadline for Submission May 21, 2008, 3:00 p.m.
Prospective proposers may request a copy of the RFP by sending the contact and organization names, and mailing and email addresses to Tony White, Assistant Director, Workforce Development, at twhite@theprpc.org. The RFP 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-200801441
Tony White
Assistant Director, Workforce Development
Panhandle Regional Planning Commission
Filed: March 14, 2008
Notice of Application for Amendment to Certificated Service Area Boundary
Notice is given to the public of an application filed on March 14, 2008, with the Public Utility Commission of Texas (commission) for an amendment to a certificated service area boundary.
Docket Style and Number: Application of AT&T Texas to Amend a Certificate of Convenience and Necessity; for a Minor Boundary Change Between the Lake Houston Zone, Houston Metropolitan Exchange, (AT&T Texas) and the Humble Exchange of Central Telephone Company of Texas d/b/a Embarq. Docket Number 35468.
The Application: The minor boundary amendment is being filed to realign the boundary between the Lake Houston Zone of the Houston Metropolitan exchange of AT&T, and the Humble exchange of Central Telephone Company of Texas, d/b/a Embarq (Embarq). The proposed boundary amendment realigns the service boundaries to provide a logical boundary line between the two companies in the Blackstone Creek Subdivision. Embarq has provided a letter of concurrence endorsing this proposed change.
Persons wishing to comment on the action sought or intervene should contact the Public Utility Commission of Texas by April 4, 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 35468.
TRD-200801501
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: March 18, 2008
The Public Utility Commission of Texas received an application on March 12, 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 Comcast of Houston, LLC for an Amendment to a State-Issued Certificate of Franchise Authority, Project Number 35451 before the Public Utility Commission of Texas.
The requested amended CFA service area includes the City of Houston, Texas, including any future annexations.
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 35451.
TRD-200801500
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: March 18, 2008
Notice is given to the public of an application filed with the Public Utility Commission of Texas on March 13, 2008, for designation as an eligible resale telecommunications provider (R-ETP) pursuant to Public Utility Commission Substantive Rule §26.419.
Docket Title and Number: Application of Quality Telephone Communications Corporation for Designation as an Eligible Resale Telecommunications Provider. Docket Number 35454.
The Application: The company is requesting R-ETP designation for purposes of reimbursement of costs associated with the provision of Lifeline Services.
Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas by April 17, 2008. Requests for further information should be mailed to the Public Utility Commission of Texas, P.O. Box 13326, Austin, Texas 78711-3326, or you may call the Public Utility Commission's Customer Protection Division at (512) 936-7120 or (888) 782-8477. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136 or use Relay Texas (800) 735-2989 to reach the commission's toll free number (888) 782-8477. All comments should reference Docket Number 35454.
TRD-200801499
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: March 18, 2008
Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) an application on March 13, 2008, for waiver of denial by the Pooling Administrator (PA) of Southwestern Bell Telephone Company d/b/a AT&T Texas' request for one growth block to meet customer demand in the Rockwall 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 for Rockwall Rate Center. Docket Number 35457.
The Application: Southwestern Bell Telephone Company submitted an application to the PA for the requested blocks in accordance with the current guidelines. The PA denied the request because Southwestern Bell Telephone Company d/b/a AT&T Texas did not meet the month-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 2, 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 35457.
TRD-200801498
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: March 18, 2008
Notice is given to the public of the filing with the Public Utility Commission of Texas an application on March 14, 2008, for waiver of denial by the Pooling Administrator (PA) of Southwestern Bell Telephone Company d/b/a AT&T Texas' request for six-thousand block of numbers or a full code of 10,000 numbers to satisfy customer demand in the Spring 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 for Spring Rate Center. Docket Number 35467.
The Application: Southwestern Bell Telephone Company submitted an application to the PA for the requested blocks in accordance with the current guidelines. The PA denied the request because Southwestern Bell Telephone Company d/b/a AT&T Texas did not meet the month-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 2, 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 35467.
TRD-200801502
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: March 18, 2008
Notice is given to the public of the filing with the Public Utility Commission of Texas an application on March 14, 2008, for waiver of denial by the Pooling Administrator (PA) of Southwestern Bell Telephone Company d/b/a AT&T Texas' request for a full code of 10,000 numbers to satisfy the request of CITI Technology Infrastructure in the Roanoke 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 35470.
The Application: Southwestern Bell Telephone Company submitted an application to the PA for the requested blocks in accordance with the current guidelines. The PA denied the request because Southwestern Bell Telephone Company d/b/a AT&T Texas did not meet the month-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 2, 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 35470.
TRD-200801507
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: March 19, 2008