Department of Assistive and Rehabilitative Services
Notice of Public Hearing to Receive Public Comments
The Texas Department of Assistive and Rehabilitative Services (DARS), Division for Early Childhood Intervention (ECI) provides comprehensive early intervention services to families with infants and toddlers who have developmental delays, have diagnosed physical or mental conditions with a high probability of developmental delay, or exhibit atypical development. Early intervention services are provided as required by the Individuals with Disabilities Education Act (IDEA), Part C as Amended in 2004.
ECI is soliciting public comments on proposed amendments to Title 40, Texas Administrative Code, Part 2, Chapter 108, Division for Early Childhood Intervention Services and proposed revisions to the Texas Department of Assistive and Rehabilitative Services Division of Early Childhood Intervention Standards Manual for Contracted Programs. The Texas Department of Assistive and Rehabilitative Services is providing an opportunity to comment from March 20, 2009 until May 19, 2009.
The proposed revisions to Title 40, Texas Administrative Code Part 2, Chapter 108, Division for Early Childhood Intervention Services are published in the March 20, 2009, issue of the Texas Register (34 TexReg 1947) at: www.sos.state.tx.us/texreg/. Chapter 108 is being extensively restructured and expanded from five subchapters to seven subchapters in order to increase clarity and minimize duplication of or conflicts with federal statutes and rules.
The proposed revisions to the ECI Standards Manual for Contracted Programs can be viewed on the Texas Department of Assistive and Rehabilitative Services Web site at: www.dars.state.tx.us/. The manual has been extensively restructured, expanded from 3 chapters to 23 chapters, and reformatted to clarify requirements and increase usability.
ECI will host public hearings around the state during May to collect testimony and respond to comments. Public Hearings will be held according to the following schedule, and each of these hearings will be held from 3:00 p.m. to 7:00 p.m.
May 11, 2009 - El Paso State Office Building
Room 570, 401 East Franklin, El Paso, Texas 79901
May 15, 2009 - Cook Children's Medical Center
Decker Board Room, 801 Seventh Ave, Fort Worth, Texas 76104
May 19, 2009 - Brown Heatly Building
4900 North Lamar, Suite 1410, Austin, Texas 78751
Persons requiring special accommodations should call (512) 424-6745 at least 72 hours prior to the public hearing.
To provide written comments, please contact:
Cynthia Henderson, M.Ed., Lead Policy Specialist, Texas Department of Assistive and Rehabilitative Services, Division of Early Childhood Intervention, 4900 North Lamar Blvd., Austin, Texas 78751-2399, Mail Code 3029, cynthia.henderson@dars.state.tx.us, (512) 424-6745.
TRD-200901191
Sylvia F. Hardman
General Counsel
Department of Assistive and Rehabilitative Services
Filed: March 25, 2009
This publication is filed pursuant to Texas Government Code, §2254.030. The Request for Proposal was published in the December 19, 2008, issue of the Texas Register (33 TexReg 10347).
DESCRIPTION OF ACTIVITIES OF PRIVATE CONSULTANT:
The Office of the Attorney General of Texas (the "OAG") has entered into a major consulting services contract for the following services:
The OAG administers millions of dollars of federal funds for the Child Support (Title IV-D) and Medicaid (Title XIX) programs. The OAG recoups its indirect costs from these federal programs based on rates approved by the United States Department of Health and Human Services ("HHS"). Contractor will review the indirect cost methodologies of the OAG to determine areas of cost recovery which will maximize revenue from the recovery of indirect costs and will develop indirect cost rates throughout the OAG, as appropriate. Contractor will prepare Indirect Cost Allocation Plans for FY08 (based on actual expenditures) and for FY10 (based on budgeted expenditures) in accordance with OMB Circular A-87, for submission to HHS for federal approval and will negotiate approval of those plans with HHS. Contractor will also analyze existing legal billing rates of the OAG for purposes of reconciling those existing rates with actual costs of the OAG in providing the legal services and will provide to the OAG a report of that reconciliation. Contractor will develop the FY10 billing rates for legal services. Contractor will negotiate with HHS for approval of the FY10 billing rates. Finally, Contractor will provide guidance to the OAG in the implementation of these plans and billing rates.
NAME AND BUSINESS ADDRESS OF PRIVATE CONSULTANT:
The private consultant engaged by the OAG for these activities is MGT of America, Inc., whose business address is 502 E. 11th Street, Suite 300, Austin, TX 78701.
TOTAL VALUE AND TERM OF THE CONTRACT:
The total value of the contract is $42,575. The term of the contract began on March 18, 2009, and will terminate on August 31, 2009 or upon completion of work described herein.
DATES ON WHICH REPORTS ARE DUE:
The Indirect Cost Allocation Plans must be submitted to HHS no later than April 30, 2009. The final report regarding the FY10 billing rates for legal services must be submitted to the OAG no later than August 31, 2009.
For more information regarding this publication, contact Cindy Hodges, Agency Liaison, at (512) 936-1841.
TRD-200901149
Stacey Napier
Deputy Attorney General
Office of the Attorney General
Filed: March 23, 2009
Request for Qualifications for Underwriting Services
The Camino Real Regional Mobility Authority (CRRMA), a political subdivision of the State of Texas, is soliciting statements of interest and qualifications from experienced investment banking firms interested in providing the CRRMA with underwriting services in connection with the proposed financing of various proposed CRRMA projects identified within the 2008 Comprehensive Mobility Plan for the El Paso Region and any other project financing that the CRRMA may elect to pursue during the term of the engagement. It is the intent of the CRRMA to select and designate a pool of investment banking firms from which to assign firms, as needed, to underwrite financings or provide other debt management related services.
A request for qualifications (RFQ) packet may be obtained electronically from the CRRMA's website at http://www.elpasotexas.gov/muni_clerk/detail.asp?id=84. Copies will also be available by contacting the CRRMA at (915) 541-4986. Periodic updates, addenda, and clarifications may be posted on the CRRMA's website, and interested parties are responsible for monitoring the website accordingly. In order to be eligible for consideration in this RFQ process, final responses must be received by the Camino Real Regional Mobility Authority, 2 Civic Center Plaza, 9th Floor, El Paso, Texas 79901 by 2:00 p.m. MST, April 21, 2009, with copies to the CRRMA's Financial Advisor, First Southwest Company, 325 N. Saint Paul Street, Suite 800, Dallas, Texas 75201, Attention: Wayne B. Placide, Managing Partner by 3:00 p.m. CST, April 21, 2009.
Questions concerning this RFQ must be directed in writing to the CRRMA, c/o its Financial Advisor, First Southwest Company, 325 N. Saint Paul Street, Suite 800, Dallas, Texas 75201, Attention: Wayne B. Placide, Managing Partner, or via e-mail to wplacide@firstsw.com. All questions must be received by 3:00 p.m. (CST) on April 7, 2009.
Each firm will be evaluated based on the criteria and process set forth in the RFQ. The final selection of firms for inclusion in the pool, if any, will be made by the CRRMA Board of Directors.
TRD-200901179
Raymond L. Telles
Executive Director
Camino Real Regional Mobility Authority
Filed: March 25, 2009
Notice of Funds Availability - Texas Coastal Management Program Grants Program
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 2010. 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 on 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.
April 30, 2009, 10:30 a.m., Port Lavaca, City Hall, 202 N. Virginia.
May 7, 2009, 9:30 a.m., Galveston, County Courthouse, 722 Moody, Workshop Room.
May 14, 2009, 9:00 a.m., Port Arthur, City Hall, 444 Fourth Street, 5th Floor.
May 20, 2009, 9:30 a.m., Corpus Christi, Texas A&M University - Natural Resources Center, 6300 Ocean Drive, Room 1003.
May 28, 2009, 9:30 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), Stephen F. Austin Building, Room 335, 1700 North Congress Avenue, Austin, Texas 78701-1495. The Guidance and Application Package are also available on the GLO's website at: http://www.glo.state.tx.us/coastal/grants/index.html.
The deadline for receiving pre-proposals is Wednesday, June 24, 2009 by 5:00 p.m. Submission of a pre-proposal 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 pre-proposals by June 24, 2009 by 5:00 p.m. The deadline for receiving final grant applications is Wednesday, October 14, 2009 by 5:00 p.m. Pre-proposals 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-200901146
Larry L. Laine
Chief Clerk/Deputy Land Commissioner, General Land Office
Coastal Coordination Council
Filed: March 23, 2009
Pursuant to §1201.027, Texas Government Code; Chapter 2254, Subchapter B, Texas Government Code; and Chapter 404, Subchapter H, Texas Government Code, the Comptroller of Public Accounts (Comptroller) announces its Request for Proposals (RFP #192a) from qualified, independent firms to serve as Financial Advisor to the Comptroller. The Comptroller desires to obtain the services of a Financial Advisor related to the document preparation, issuance, sale, and delivery of Tax and Revenue Anticipation Notes, including Commercial Paper Notes (Notes) as well as assistance in handling of disclosure issues relating to the Notes. The successful respondent will be expected to begin performance of the contract on or about May 1, 2009.
Contact: Parties interested in submitting a proposal should contact Thomas H. Hill, Assistant General Counsel, Contracts, Comptroller of Public Accounts, 111 E. 17th Street, Room 201, Austin, Texas 78774, telephone number: (512) 305-8673, to obtain a copy of the RFP. The Comptroller will mail copies of the RFP only to those specifically requesting a copy. The RFP will be available for pick-up at the above-referenced address on March 6, 2009, between 10:00 a.m. and 5:00 p.m., Central Zone Time (CZT), and during normal business hours thereafter. The Comptroller will also make the RFP available electronically on the Electronic State Business Daily after Friday, March 6, 2009, 10:00 a.m. CZT.
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, March 20, 2009. Prospective respondents are encouraged to fax or e-mail non-mandatory Letters of Intent and Questions to (512) 463-3669 or contracts@cpa.state.tx.us to ensure timely receipt. The Letter of Intent must be addressed to Thomas H. Hill, 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. Non-mandatory Letters of Intent and Questions received after this time and date will not be considered. On or about Friday, March 27, 2009, the Comptroller expects to post responses to questions as a revision to the Electronic State Business Daily notice on the issuance of this RFP.
Closing Date: Proposals must be delivered to the Office of the Assistant General Counsel, Contracts, at the location specified above (Room 201) no later than 2:00 p.m. CZT, on Tuesday, April 14, 2009. Proposals received in Room 201 after this time and date will not be considered regardless of the reason for the late delivery and receipt. Respondents are encouraged to verify and are solely responsible for verifying timely receipt of proposals in that office (Room 201).
Evaluation Criteria: Proposals will be evaluated under the evaluation criteria outlined in the RFP. The Comptroller shall make the final decision on any contract award or awards resulting from this RFP.
The Comptroller reserves the right, in its sole discretion, to accept or reject any or all proposals submitted. The Comptroller is not obligated to award or execute any contracts on the basis of this notice or the distribution of any RFP. The Comptroller shall not pay for any costs incurred by any entity in responding to this notice or the RFP.
The anticipated schedule of events is as follows: Issuance of RFP - March 6, 2009, 10:00 a.m. CZT; Non-Mandatory Letter of Intent to Propose and Questions Due - March 20, 2009, 2:00 p.m. CZT; Official Responses to Questions posted - March 27, 2009, or as soon thereafter as practical; Proposals Due - Tuesday, April 14, 2009, 2:00 p.m. CZT; Contract Execution - May 1, 2009, or as soon thereafter as practical; and Commencement of Project Activities - May 1, 2009.
TRD-200901184
Pamela G. Smith
Deputy General Counsel for Contracts
Comptroller of Public Accounts
Filed: March 25, 2009
Notice of Request for Proposals: Pursuant to §1201.027, Texas Government Code; Chapter 2254, Subchapter A, Texas Government Code; and Chapter 404, Subchapter H, Texas Government Code, the Comptroller of Public Accounts (Comptroller) announces its Request for Proposals (RFP #192b) from qualified, independent law firms to serve as Bond Counsel to the Comptroller. The Comptroller desires to obtain the services of Bond Counsel in connection with a variety of issues related to the issuance, sale, and delivery of Tax and Revenue Anticipation Notes, including Commercial Paper Notes (Notes) as well as assisting in handling all disclosure issues relating to the Notes. The successful respondent will be expected to begin performance of the contract on or about May 1, 2009.
Contact: Parties interested in submitting a proposal should contact Thomas H. Hill, Assistant General Counsel, Contracts, Comptroller of Public Accounts, 111 E. 17th St., Room 201, Austin, Texas 78774, telephone number: (512) 305-8673, to obtain a copy of the RFP. The Comptroller will mail copies of the RFP only to those specifically requesting a copy. The RFP will be available for pick-up at the above-referenced address on March 6, 2009, between 10:00 a.m. and 5:00 p.m., Central Zone Time (CZT), and during normal business hours thereafter. The Comptroller will also make the RFP available electronically on the Electronic State Business Daily Friday, March 6, 2009, 10:00 a.m. CZT.
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, March 20, 2009. Prospective respondents are encouraged to fax or e-mail non-mandatory Letters of Intent and Questions to (512) 463-3669 or contracts@cpa.state.tx.us to ensure timely receipt. The Letter of Intent must be addressed to Thomas H. Hill, 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. Non-mandatory Letters of Intent and Questions received after this time and date will not be considered. On or about Friday, March 27, 2009, the Comptroller expects to post responses to questions as a revision to the Electronic State Business Daily notice on the issuance of this RFP.
Closing Date: Proposals must be delivered to the Office of the Assistant General Counsel, Contracts, at the location specified above (Room 201) no later than 2:00 p.m. CZT, on Tuesday, April 14, 2009. Proposals received in Room G-24 after this time and date will not be considered regardless of the reason for the late delivery and receipt. Respondents are encouraged to and solely responsible for verifying timely receipt of proposals in that office (Room 201).
Evaluation Criteria: Proposals will be evaluated under the evaluation criteria outlined in the RFP. The Comptroller shall make the final decision on any contract award or awards resulting from this RFP.
The Comptroller reserves the right, in its sole discretion, to accept or reject any or all proposals submitted. The Comptroller is not obligated to award or execute any contracts on the basis of this notice or the distribution of any RFP. The Comptroller shall not pay for any costs incurred by any entity in responding to this notice or the RFP.
The anticipated schedule of events is as follows: Issuance of RFP - March 6, 2009, 10:00 a.m. CZT; Non-Mandatory Letter of Intent to propose and Questions Due - March 20, 2009, 2:00 p.m. CZT; Official Responses to Questions posted - March 27, 2009, or as soon thereafter as practical; Proposals Due - Tuesday, April 14, 2009, 2:00 p.m. CZT, Contract Execution - May 1, 2009, or as soon thereafter as practical; and Commencement of Project Activities - May 1, 2009.
TRD-200901185
Pamela G. Smith
Deputy General Counsel for Contracts
Comptroller of Public Accounts
Filed: March 25, 2009
Notice of Request for Proposals: Pursuant to §2107.003, Texas Government Code, the Comptroller of Public Accounts (Comptroller), announces its issuance of a Request for Proposals (RFP #192c) for the purpose of obtaining collection services from a qualified firm for the collection of delinquent state tax accounts that do not meet the minimum thresholds to be referred to the Texas Attorney General for collection but are required by law to be collected by the Comptroller. The successful respondent, if any, will be expected to begin performance of the contract on or before September 1, 2009.
Contact: Parties interested in submitting a proposal should contact Thomas H. Hill, Assistant General Counsel, Contracts, Comptroller of Public Accounts, 111 E. 17th St., Room 201, Austin, Texas 78774, telephone number: (512) 305-8673, to obtain a copy of the RFP. The Comptroller will mail copies of the RFP only to those specifically requesting a copy. The RFP will be available for pick-up at the above-referenced address on March 6, 2009, between 10:00 a.m. and 5:00 p.m., Central Zone Time (CZT), and during normal business hours thereafter. The Comptroller will also make the RFP available electronically on the Electronic State Business Daily Friday, March 6, 2009, 10:00 a.m. CZT.
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, March 20, 2009. Prospective respondents are encouraged to fax or e-mail non-mandatory Letters of Intent and Questions to (512) 463-3669 or contracts@cpa.state.tx.us to ensure timely receipt. The Letter of Intent must be addressed to Thomas H. Hill, 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. Non-mandatory Letters of Intent and Questions received after this time and date will not be considered. On or about Wednesday, March 25, 2009, the Comptroller expects to post responses to questions as a revision to the Electronic State Business Daily notice on the issuance of this RFP.
Closing Date: Proposals must be delivered to the Office of the Assistant General Counsel, Contracts, at the location specified above (Room 201) no later than 2:00 p.m. CZT, on Tuesday, April 14, 2009. Proposals received in Room G-24 after this time and date will not be considered regardless of the reason for the late delivery and receipt. Respondents are encouraged to and solely responsible for verifying timely receipt of proposals in that office (Room 201).
Evaluation Criteria: Proposals will be evaluated under the evaluation criteria outlined in the RFP. The Comptroller shall make the final decision on any contract award or awards resulting from this RFP.
The Comptroller reserves the right, in its sole discretion, to accept or reject any or all proposals submitted. The Comptroller is not obligated to award or execute any contracts on the basis of this notice or the distribution of any RFP. The Comptroller shall not pay for any costs incurred by any entity in responding to this notice or the RFP.
The anticipated schedule of events is as follows: Issuance of RFP - March 6, 2009, 10:00 a.m. CZT; Non-Mandatory Letter of Intent to propose and Questions Due - March 20, 2009, 2:00 p.m. CZT; Official Responses to Questions posted - March 27, 2009, or as soon thereafter as practical; Proposals Due - Tuesday, April 14, 2009, 2:00 p.m. CZT, Contract Execution - May 8, 2009, or as soon thereafter as practical; transition to work under new contract to begin May 8, 2009 or as soon thereafter as practical and actual Commencement of Project Activities - September 1, 2009.
TRD-200901186
Pamela G. Smith
Deputy General Counsel for Contracts
Comptroller of Public Accounts
Filed: March 25, 2009
Pursuant to Chapter 403 and Chapter 2156, Texas Government Code, and Chapter 54, Subchapter F, Texas Education Code, the Comptroller of Public Accounts (Comptroller) on behalf of the Texas Prepaid Higher Education Tuition Board (Board) announces its Request for Proposals (RFP #192d) for the purpose of obtaining Bank Loan investment management services for the Board for the Texas Tomorrow Fund Guaranteed Tuition Plan Funds (Texas Tomorrow Fund I). The selected contractor (Contractor) will advise and assist the Board and Comptroller in administering the Board's investment activities related to a Bank Loan Mandate for Texas Tomorrow Fund I. The Comptroller, as Chair and Executive Director of the Board, is issuing this RFP on behalf of the Board so that the Board may move forward with retaining the necessary Contractor. The Comptroller and the Board reserve the right to award more than one contract under the RFP. If approved by the Board, Contractor will be expected to begin performance of the contract on or about September 1, 2009, 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, in the Issuing Office at: 111 E. 17th St., Room 201, Austin, Texas 78774, (512) 305-8673, to obtain a complete copy of the RFP. The Comptroller will mail copies of the RFP only to those parties specifically requesting a copy. The RFP will be available for pick-up at the above-referenced address on Friday, April 3, 2009, 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) at: http://esbd.cpa.state.tx.us after 10:00 a.m. CZT on Friday, April 3, 2009.
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 Monday, April 13, 2009. Prospective proposers are encouraged to fax non-mandatory Letters of Intent and Questions to (512) 463-3669 to ensure timely receipt. Non-mandatory Letters 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 about Friday, April 17, 2009, the Comptroller expects to post responses to questions on the ESBD. Late Non-mandatory Letters of Intent and Questions will not be considered under any circumstances. Respondents shall be solely responsible for verifying timely receipt of Non-Mandatory Letters of Intent and Questions in the Issuing Office.
Closing Date: Proposals must be delivered in the Issuing Office to the attention of the Assistant General Counsel, Contracts, no later than 2:00 p.m. CZT, on Friday, April 24, 2009. Late Proposals will not be considered under any circumstances. Respondents shall be solely responsible for verifying time receipt of Proposals in the Issuing Office.
Evaluation Criteria: Proposals will be evaluated under the evaluation criteria outlined in the RFP. The Board and Comptroller will make the final decision. The Comptroller and the Board each reserve the right to accept or reject any or all proposals submitted. The Comptroller and the Board are not obligated to execute a contract on the basis of this notice or the distribution of any RFP. The Comptroller and the Board shall not pay for any costs incurred by any entity in responding to this Notice or to the RFP.
The anticipated schedule of events pertaining to this solicitation is as follows: Issuance of RFP - April 3, 2009, after 10:00 a.m. CZT; Non-Mandatory Letters of Intent and Questions Due - April 13, 2009, 2:00 p.m. CZT; Official Responses to Questions posted - April 17, 2009; Proposals Due - April 24, 2009, 2:00 p.m. CZT; Contract Execution - September 1, 2009, or as soon thereafter as practical; Commencement of Services - September 1, 2009.
TRD-200901183
William Clay Harris
Assistant General Counsel, Contracts
Comptroller of Public Accounts
Filed: March 25, 2009
The Consumer Credit Commissioner of Texas has ascertained the following rate ceilings by use of the formulas and methods described in §§303.003, 303.005, and 303.009, Texas Finance Code.
The weekly ceiling as prescribed by §303.003 and §303.009 for the period of 03/30/09 - 04/05/09 is 18% for Consumer1 /Agricultural/Commercial2/credit through $250,000.
The weekly ceiling as prescribed by §303.003 and §303.009 for the period of 03/30/09 - 04/05/09 is 18% for Commercial over $250,000.
1Credit for personal, family or household use.
2Credit for business, commercial, investment or other similar purpose.
TRD-200901162
Leslie L. Pettijohn
Commissioner
Office of Consumer Credit Commissioner
Filed: March 24, 2009
Request for eGrant Applications Concerning the 2009-2010 Even Start Family Literacy Competitive Grant
Eligible Applicants. The Texas Education Agency (TEA) is requesting eGrant applications under Request for Applications (RFA) #701-09-113 from eligible applicants to provide family literacy services in Texas. The grant is a partnership composed of a public school district or an open-enrollment charter school and a nonprofit community-based organization, a public agency, an institution of higher education, or a public or private nonprofit organization other than a local educational agency of demonstrated quality. An education service center may apply as fiscal agent of a shared services arrangement of school districts in partnership with the partners listed previously.
Description. The objectives of the 2009-2010 Even Start Family Literacy Competitive Grant (Even Start) are to help parents become full partners in their children's education; help children reach their full potential as learners; provide literacy training for parents; assist families with parenting strategies in child growth and development and the educational process for children ages birth through seven years; and coordinate efforts that build on existing community resources. The purpose is to help break the cycle of poverty and illiteracy by improving educational opportunities of low-income families by integrating early childhood education, parenting education, and adult education into a unified family-centered program.
Project Dates. The Even Start program will be implemented during the 2009-2010 school year. Applicants should plan for a starting date of no earlier than September 1, 2009, and an ending date of no later than August 31, 2010.
Project Amount. Funding will be provided for approximately 14 projects. Available funding is approximately $5.2 million in federal No Child Left Behind funds. Each eligible organization can apply for only one project for the 2009-2010 school year. An eligible organization can also participate as a sub-recipient of an eligible organization applying for this grant.
Selection Criteria. Applications will be selected based on the independent reviewers' assessment of each applicant's ability to carry out all requirements contained in the RFA. Reviewers will evaluate applications based on the overall quality and validity of the proposed grant programs and the extent to which the applications address the primary objectives and intent of the project. Applications must address each requirement as specified in the RFA to be considered for funding. Special priority points will be given to applicants that target high-need areas and/or demonstrate high performance in a previous year Even Start program. TEA reserves the right to select from the highest-ranking applications those that address all requirements in the RFA and that are most advantageous to the project.
TEA is not obligated to approve an application, provide funds, or endorse any application submitted in response to this RFA. This RFA does not commit TEA to pay any costs before an application is approved. The issuance of this RFA does not obligate TEA to award a grant or pay any costs incurred in preparing a response.
Obtaining Access to TEA's eGrants. This application is available only through TEA's eGrants online application system and may not be obtained or submitted by any other means. To apply for access to eGrants, go to http://ritter.tea.state.tx.us/opge/egrant/index.html. Applicants should complete and submit the form as instructed. Applicants will receive a username and password via email, usually within two weeks. Applicants must request access specifically for eGrants even if they already have a TEA SE username for other TEA SE applications.
To access the information and requirements for this grant, enter the TEA Grant Opportunities webpage at http://burleson.tea.state.tx.us/GrantOpportunities/forms. In the "Select Search Options" box, select the name of the program/RFA from the drop-down list. Scroll down to the "Application and Support Information" section to view all documents that pertain to this RFA.
Further Information. For clarifying information about the RFA, contact Iris Adams, Division of Discretionary Grants, Texas Education Agency, (512) 463-9269. To assure that no prospective applicant may obtain a competitive advantage because of acquisition of information unknown to other prospective applicants, any and all questions must be submitted in writing to the TEA contact persons identified in Part 2: Program Guidelines of the RFA. All questions and the written answers thereto will be posted on the TEA website in the format of Frequently Asked Questions (FAQs) at http://burleson.tea.state.tx.us/GrantOpportunities/forms. In the "Select Search Options" box, select the name of the RFA from the drop-down list. Scroll down to the "Application and Support Information" section to view all documents that pertain to this RFA.
Deadline for Receipt of Applications. Applications must be certified and submitted through the eGrants online application system to the TEA by 5:00 p.m. (Central Time), Thursday, May 14, 2009, to be considered for funding.
TRD-200901177
Cristina De La Fuente-Valadez
Director, Policy Coordination
Texas Education Agency
Filed: March 25, 2009
The Texas Commission on Environmental Quality (TCEQ or commission) staff is providing an opportunity for written public comment on the listed Agreed Orders (AOs) in accordance with Texas Water Code (the Code), §7.075. Section 7.075 requires that before the commission may approve the AOs, the commission shall allow the public an opportunity to submit written comments on the proposed AOs. Section 7.075 requires that notice of the proposed orders and the opportunity to comment must be published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is May 4, 2009 . 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) 239-2545 and at the applicable regional office listed as follows. Written comments about an AO should be sent to the enforcement coordinator designated for each AO at the commission's central office at P.O. Box 13087, Austin, Texas 78711-3087 and must be received by 5:00 p.m. on May 4, 2009. 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: Bentwood Estates, Inc.; DOCKET NUMBER: 2008-1885-MWD-E; IDENTIFIER: RN102079126; LOCATION: Huffman, Harris County; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 Texas Administrative Code (TAC) §305.125(1) and Texas Pollutant Discharge Elimination System (TPDES) Permit Number 12612001, Sludge Provisions, Section I.B.1, by failing to conduct the toxicity characteristic leaching procedure sludge test at the required frequency; and 30 TAC §305.125(17) and TPDES Permit Number 12612001, Sludge Provisions, by failing to submit the annual sludge report; PENALTY: $3,318; ENFORCEMENT COORDINATOR: Samuel Short, (512) 239-5363; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1452, (713) 767-3500.
(2) COMPANY: Berry Contracting, L.P. dba Bay LIMITED; DOCKET NUMBER: 2008-1911-PST-E; IDENTIFIER: RN102473840; LOCATION: Corpus Christi, Nueces County; TYPE OF FACILITY: fleet fueling; RULE VIOLATED: 30 TAC §334.45(c)(3)(A), by failing to ensure that the emergency shutoff valves were securely anchored; 30 TAC §334.50(b)(1)(A) and the Code, §26.3475(c)(1), by failing to monitor underground storage tanks (USTs) for releases; 30 TAC §334.74 and §334.76, by failing to investigate a suspected release; and 30 TAC §334.72(3), by failing to report the suspected release; PENALTY: $6,990; ENFORCEMENT COORDINATOR: John Muennink, (361) 825-3100; REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5839, (361) 825-3100.
(3) COMPANY: BP Products North America Inc.; DOCKET NUMBER: 2008-1398-IHW-E; IDENTIFIER: RN102535077; LOCATION: Texas City, Galveston County; TYPE OF FACILITY: petroleum refining; RULE VIOLATED: 30 TAC §335.2(b), by failing to prevent the shipment of industrial hazardous waste to an unauthorized facility; PENALTY: $12,650; ENFORCEMENT COORDINATOR: Clinton Sims, (512) 239-6933; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1452, (713) 767-3500.
(4) COMPANY: George Ted Devries dba Devries Dairy; DOCKET NUMBER: 2008-0854-AGR-E; IDENTIFIER: RN100802917; LOCATION: Dublin, Earth County; TYPE OF FACILITY: concentrated animal feeding operation; RULE VIOLATED: 30 TAC §321.31(a), Permit Number 03061, Special Provision Number 6, and the Code, §26.121(a), by failing to prevent a discharge or disposal of waste or wastewater from animal feeding operations; 30 TAC §321.44(a) and the Code, §26.039(b), by failing to notify the TCEQ orally within 24 hours of the discharge; and 30 TAC §321.44(b), by failing to collect samples from the discharge; PENALTY: $4,350; ENFORCEMENT COORDINATOR: Jorge Ibarra, (817) 588-5800; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(5) COMPANY: Eagle Rock Field Services, L.P.; DOCKET NUMBER: 2008-1637-AIR-E; IDENTIFIER: RN102546785; LOCATION: Miami, Roberts County; TYPE OF FACILITY: gas plant; RULE VIOLATED: 30 TAC §§106.8(c), 116.115(b)(2)(E), 116.615(8), 116.620(a)(14) and (e)(8), 122.143(4), and 122.144(4), General Operating Permit (GOP) Number O-2952, General Conditions (GC) Number (b)(2) and (b)(7)(B), Permit Number 77131, General Terms and Conditions (GTC), and Texas Health and Safety Code (THSC), §382.085(b), by failing to make operating records readily available to TCEQ personnel upon request; 30 TAC §§101.20(1), 116.620(a)(1), (14), and (e)(6), and 122.143(4), 40 Code of Federal Regulations (CFR) §60.647(c), GOP O-2952, GC Number (b)(7)(B), Permit Number 77131, GTC, and THSC, §382.085(b), by failing to track and maintain documentation necessary to calculate the total sulfur content of process vents or flares in order to demonstrate compliance with the 0.3 long tons per day facility limit for total sulfur emissions and the two long tons per day sulfur limit on the design capacity of the sweetening unit; 30 TAC §§101.20(1), 116.615(2), 116.620(a)(12), (14), (b)(2)(B), and (d)(3), 122.143(4), 40 CFR §60.18, GOP Number O-2952, GC Number (b)(7)(B), Permit Number 77131, GTC, and THSC, §382.085(b), by failing to conduct monitoring of the volatile organic compound control device; 30 TAC §§122.143(4), 122.145(2), and 122.146(5), GOP Number O-2952, GC Number (b)(2), and THSC, §382.085(b), by failing to submit a complete and accurate permit compliance certification and deviation reports; 30 TAC §116.620(a)(14) and §122.143(4), 40 CFR §§60.8(d), 60.487(e), and 60.632(e), Permit Number 77131, GTC, and THSC, §382.085(b), by failing to submit notification of the schedule of the initial plant performance test; 30 TAC §§101.20(1), 116.620(a)(14), and 122.143(4), 40 CFR §§60.8(a), 60.487(e), 60.632(e), and 60.636(b), GOP Number O-2952, GC Number (b)(14)(B), Permit Number 77131, GTC, and THSC, §382.085(b), by failing to submit a timely and accurate initial semiannual fugitive monitoring report; 30 TAC §§101.20(1), 116.620(a)(14), and 122.143(4), 40 CFR §§60.482-7(c)(2), 60.482-9(a), and 60.632(a), Permit Number 77131, GTC, and THSC, §382.085(b), by failing to monitor leaking valves monthly; 30 TAC §§101.20(1), 116.620(a)(14), and 122.143(4), 40 CFR §60.482-2(a)(2) and §60.632(a), Permit Number 77131, GTC, and THSC, §382.085(b), by failing to demonstrate that weekly visual inspections for indication of liquids dripping from each pump seal were being conducted; 30 TAC §116.620(e)(4) and §122.143(4), GOP Number O-2952, GC Number (b)(7)(B), and THSC, §382.085(b), by failing to maintain complete monthly records for each production, processing and/or pipeline tank battery; 30 TAC §122.503(a)(1) and THSC, §382.085(b), by failing to submit a permit revision application; and 30 TAC §§101.20(1), 116.620(a)(14), and 122.143(4), 40 CFR §60.482-4(b)(2) and §60.632(a), GOP Number O-2952, GC Number (b)(7)(B), Permit Number 77131, GTC, and THSC, §382.085(b), by failing to monitor the Regen pressure release device no later than five calendar days after the repairs were completed; PENALTY: $57,589; Supplemental Environmental Project (SEP) offset amount of $23,036 applied to Texas Parent Teacher Association - Clean School Bus Program; ENFORCEMENT COORDINATOR: John Muennink, (361) 825-31-00; REGIONAL OFFICE: 3918 Canyon Drive, Amarillo, Texas 79109-4933, (806) 353-9251.
(6) COMPANY: City of Emory; DOCKET NUMBER: 2009-0051-MWD-E; IDENTIFIER: RN101916203; LOCATION: East Tawakoni, Rains County; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number WQ0010082002, Effluent Limitations and Monitoring Requirements Number 1, and the Code, §26.121(a), by failing to comply with the permitted effluent limitations for total suspended solids; PENALTY: $5,250; SEP offset amount of $4,200 applied to Texas Association of Resource Conservation and Development Areas, Inc. - Water or Wastewater Treatment Assistance; ENFORCEMENT COORDINATOR: Jennifer Graves, (956) 425-6010; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3734, (903) 535-5100.
(7) COMPANY: Exxon Mobil Corporation; DOCKET NUMBER: 2008-1727-AIR-E; IDENTIFIER: RN102579307; LOCATION: Baytown, Harris County; TYPE OF FACILITY: refining and supply company; RULE VIOLATED: 30 TAC §116.715(a), Flexible Permit Number 18287, Special Condition (SC) Number 1, and THSC, §382.085(b), by failing to prevent unauthorized emissions; PENALTY: $30,000; SEP offset amount of $15,000 applied to Houston-Galveston AERCO's Clean Cities/Clean Vehicles Program; ENFORCEMENT COORDINATOR: John Muennink, (361) 825-3100; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1452, (713) 767-3500.
(8) COMPANY: E-Z STAR, INC. dba EZ Trip Food Stores 05; DOCKET NUMBER: 2008-1780-PST-E; IDENTIFIER: RN102454345; LOCATION: Dallas, Dallas County; 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 equipment; PENALTY: $2,686; ENFORCEMENT COORDINATOR: Mike Pace, (817) 588-5800; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(9) COMPANY: Flat Rock Minerals, LLC; DOCKET NUMBER: 2008-1570-AIR-E; IDENTIFIER: RN105497176; LOCATION: Upshur County; TYPE OF FACILITY: rock crushing plant; RULE VIOLATED: 30 TAC §116.115(c) and §116.116(c)(3), New Source Review (NSR) Permit Number 84664L001, SC Number 1, and THSC, §382.085(b), by failing to notify the TCEQ of a change to facilities; 30 TAC §116.115(c), NSR Permit Number 84664L001, SC Number 6.B., and THSC, §382.085(b), by failing to properly maintain the water spray system on the rock crusher; 30 TAC §116.115(c), NSR Permit Number 84664L001, SC Number 6.C., and THSC, §382.085(b), by failing to spray all in-plant road and traffic areas, active work areas, and aggregate stockpiles with water and/or environmentally sensitive chemicals; 30 TAC §116.115(c), NSR Permit Number 84664L001, SC Number 11.A., C., and D., GC Number 7, and THSC, §382.085(b), by failing to maintain records of screen production, dust control, and engine fuel usage; and 30 TAC §116.115(c), NSR Permit Number 84664L001, SC Number 1, and THSC, §382.085(b), by failing to have authorization for a second shaker screen; PENALTY: $3,470; ENFORCEMENT COORDINATOR: Trina Grieco, (210) 490-3096; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3734, (903) 535-5100.
(10) COMPANY: Linda Correa Garcia; DOCKET NUMBER: 2008-1827-PST-E; IDENTIFIER: RN101682854; LOCATION: Rio Hondo, Cameron County; TYPE OF FACILITY: vacant convenience store; RULE VIOLATED: 30 TAC §334.47(a)(2), by failing to permanently remove from service a UST system; PENALTY: $5,500; ENFORCEMENT COORDINATOR: Suzanne Walrath, (512) 239-2134; REGIONAL OFFICE: 1804 West Jefferson Avenue, Harlingen, Texas 78550-5247, (956) 425-6010.
(11) COMPANY: Marcario Hernandez; DOCKET NUMBER: 2008-1891-MSW-E; IDENTIFIER: RN105490015; LOCATION: Milam County; TYPE OF FACILITY: unauthorized disposal site; RULE VIOLATED: 30 TAC §330.15(c), by failing to prevent the unauthorized disposal of municipal solid waste (MSW); PENALTY: $1,050; ENFORCEMENT COORDINATOR: Keith Frank, (512) 239-1203; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.
(12) COMPANY: HILLSIDE GROCERY, INC. dba Hillside Grocery; DOCKET NUMBER: 2009-0046-PST-E; IDENTIFIER: RN101495232; LOCATION: Lago Vista, Travis County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.7(d)(3), by failing to notify the agency of any change or addition within 30 days from the date of the occurrence of the change or addition, or within 30 days from the date on which the owner or operator first became aware of the change or addition; 30 TAC §334.10(b) and §334.49(e), by failing to maintain the required corrosion protection records and make them immediately available for inspection; 30 TAC §334.50(b) and the Code, §26.3475(a), by failing to provide proper release detection for the pressurized piping associated with the USTs; 30 TAC §334.50(b)(2)(A)(i)(III) and the Code, §26.3475(a), by failing to test the line leak detectors at least once per year for performance and operational reliability; 30 TAC §334.51(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; 30 TAC §115.222(3) and THSC, §382.085(b), by failing to eliminate any avoidable gasoline leaks, as detected by sight, sound, or smell from the liquid transfer or vapor balance system; and 30 TAC §115.222(6) and THSC, §382.085(b), by failing to ensure that the storage container vent line was equipped with a pressure-vacuum relief valve; PENALTY: $5,644; ENFORCEMENT COORDINATOR: Steven Lopez, (512) 239-1896; REGIONAL OFFICE: 2800 South IH 35, Suite 100, Austin, Texas 78704-5700, (512) 339-2929.
(13) COMPANY: City of Houston; DOCKET NUMBER: 2008-1871-MWD-E; IDENTIFIER: RN101702405; LOCATION: Harris County; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.65 and §305.125(2) and the Code, §26.121(a), by failing to maintain authorization for the discharge of wastewater; PENALTY: $7,800; SEP offset amount of $6,240 applied to Armand Bayou Nature Center Coastal Tall Grass Management-Prescribed Burn Program and Prairie Restoration Project; ENFORCEMENT COORDINATOR: Steven Villatoro, (512) 239-4930; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1452, (713) 767-3500.
(14) COMPANY: City of Laredo; DOCKET NUMBER: 2008-1807-PWS-E; IDENTIFIER: RN100524099; LOCATION: Laredo, Webb County; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.45(a) and (b)(2)(G), Agreed Order Docket Number 2005-1996-MLM-E, Ordering Provision 3.e.ii.A, and THSC, §341.0315(c), by failing to provide an elevated storage capacity of 111 gallons per connection or a pressure tank capacity of 22.2 gallons per connection; 30 TAC §290.45(a) and (b)(2)(F), Agreed Order Docket Number 2005-1996-MLM-E, Ordering Provision 3.e.ii.B, and THSC, §341.0315(c), by failing to provide the Lyon/Hendricks pressure plane with two or more service pumps that have a total capacity of two gallons per minute (gpm) per connection; 30 TAC §290.45(a) and (b)(2)(F), Agreed Order Docket Number 2005-1996-MLM-E, Ordering Provision 3.e.ii.B, and THSC, §341.0315(c), by failing to provide the Mimlo pressure plane with two or more service pumps that have a total capacity of two gpm per connection; 30 TAC §290.43(c)(3) and Agreed Order Docket Number 2005-1996-MLM-E, Ordering Provision 3.c.iii, by failing to equip the Lyon and Mimlo ground storage tanks with overflows that are designed and constructed in accordance with current American Water Works Association standards; 30 TAC §290.45(a) and (b)(2)(E), Agreed Order Docket Number 2005-1996-MLM-E, Ordering Provision 3.e.ii.C, and THSC, §341.0315(c), by failing to provide the Larga Vista pressure plane with a total storage capacity of 222 gallons per connection; and 30 TAC §290.46(m)(4), by failing to maintain the high service discharge header at the upper water treatment facility in a watertight condition; PENALTY: $48,747; SEP offset amount of $48,747 applied to The Rensselaerville Institute - "Self-Help Rio Grande"; ENFORCEMENT COORDINATOR: Rebecca Clausewitz, (210) 490-3096; REGIONAL OFFICE: 1804 West Jefferson Avenue, Harlingen, Texas 78550-5247, (956) 425-6010.
(15) COMPANY: Liberty Materials, Inc.; DOCKET NUMBER: 2009-0031-IWD-E; IDENTIFIER: RN104527601; LOCATION: Montgomery County; TYPE OF FACILITY: sand mining site; RULE VIOLATED: 30 TAC §281.25(a)(4) and TPDES General Permit Number TXR05R964 Part III, Section E Standard Permit Condition 1(a), by failing to implement the storm water pollution prevention plan; PENALTY: $1,900; ENFORCEMENT COORDINATOR: Jeremy Escobar, (512) 293-1460; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1452, (713) 767-3500.
(16) COMPANY: Luna Creek, Limited; DOCKET NUMBER: 2009-0042-EAQ-E; IDENTIFIER: RN105633044; LOCATION: Round Rock, Williamson County; TYPE OF FACILITY: construction site; RULE VIOLATED: 30 TAC §213.4(a)(1), by failing to obtain approval of a water pollution abatement plan (WPAP); PENALTY: $1,500; ENFORCEMENT COORDINATOR: Harvey Wilson, (512) 293-0321; REGIONAL OFFICE: 2800 South IH 35, Suite 100, Austin, Texas 78704-5700, (512) 339-2929.
(17) COMPANY: NGH GROUP, INC dba Park and Gas; DOCKET NUMBER: 2008-1917-PST-E; IDENTIFIER: RN101874527; LOCATION: North Richland Hills, Tarrant County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.50(b)(2) and the Code, §26.3475(a), by failing to provide release detection for the piping associated with the UST system; 30 TAC §334.50(b)(2)(A)(i)(III) and the Code, §26.3475(a), by failing to test the line leak detectors at least once per year for performance and operational reliability; 30 TAC §334.50(d)(1)(B)(ii) and the Code, §26.3475(c)(1), by failing to conduct reconciliation of detailed inventory control records; 30 TAC §115.245(2) and THSC, §382.085(b), by failing to verify proper operation of Stage II equipment; and 30 TAC §334.49(b)(2) and the Code, §26.3475(d), by failing to provide corrosion protection to all underground components of an UST system by failing to electrically isolate them from the corrosive elements of the surrounding soil, back fill, groundwater, and or other metallic components; PENALTY: $8,916; ENFORCEMENT COORDINATOR: Tom Greimel, (512) 293-5690; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(18) COMPANY: OBBCO Ranch Corporation; DOCKET NUMBER: 2008-1937-AIR-E; IDENTIFIER: RN105419279; LOCATION: Odessa, Ector County; TYPE OF FACILITY: real property; RULE VIOLATED: THSC, §382.085(b), by allowing contracted entities, without proper permit authorization, to perform sandblasting activities on the respondent's property; PENALTY: $1,100; ENFORCEMENT COORDINATOR: Kirk Schoppe, (512) 293-0489; REGIONAL OFFICE: 3300 North A Street, Building 4-107, Midland, Texas 79705-5406, (432) 570-1359.
(19) COMPANY: Pavilion Assisted Living, LLC; DOCKET NUMBER: 2008-1949-EAQ-E; IDENTIFIER: RN105635460; LOCATION: Austin, Travis County; TYPE OF FACILITY: construction site; RULE VIOLATED: 30 TAC §213.4(j), by failing to obtain approval of modifications to a WPAP prior to beginning a regulated activity over the Edwards Aquifer Recharge Zone; PENALTY: $750; ENFORCEMENT COORDINATOR: Harvey Wilson, (512) 293-0321; REGIONAL OFFICE: 2800 South IH 35, Suite 100, Austin, Texas 78704-5700, (512) 339-2929.
(20) COMPANY: Quicksilver Resources, Inc.; DOCKET NUMBER: 2008-1964-WR-E; IDENTIFIER: RN105647614; LOCATION: Mansfield, Tarrant County; TYPE OF FACILITY: gas well site; RULE VIOLATED: 30 TAC §297.11 and the Code, §11.121, by failing to obtain a water right permit prior to diverting, storing, impounding, taking, or using water in the state; PENALTY: $700; ENFORCEMENT COORDINATOR: Evette Alvarado, (512) 293-2573; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(21) COMPANY: SandRidge CO2, LLC; DOCKET NUMBER: 2008-1695-AIR-E; IDENTIFIER: RN100825306; LOCATION: Midland, Pecos County; TYPE OF FACILITY: compressor station; RULE VIOLATED: 30 TAC §122.145(2)(B), Federal Operating Permit Number 2684, GTC, and THSC, §382.085(b), by failing to submit a semi-annual deviation report; PENALTY: $11,750; ENFORCEMENT COORDINATOR: Roshondra Lowe, (713) 767-3500; REGIONAL OFFICE: 3300 North A Street, Building 4-107, Midland, Texas 79705-5406, (432) 570-1359.
(22) COMPANY: TOTAL PETROCHEMICALS USA, INC.; DOCKET NUMBER: 2008-1773-AIR-E; IDENTIFIER: RN100212109; LOCATION: La Porte, Harris County; TYPE OF FACILITY: chemical manufacturing; RULE VIOLATED: 30 TAC §116.615(2), Air Permit Number 78962, GC Number 8, and THSC, §382.085(b), by failing to prevent unauthorized emissions; and 30 TAC §101.201(a)(1) and THSC, §382.085(b), by failing to report incident number 107571 within 24 hours after discovery; PENALTY: $43,103; ENFORCEMENT COORDINATOR: Rebecca Johnson, (361) 825-3100; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1452, (713) 767-3500.
(23) COMPANY: VALET ENTERPRISES, INC. dba Olmos Mart; DOCKET NUMBER: 2009-0029-PST-E; IDENTIFIER: RN102251394; LOCATION: San Antonio, Bexar County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.7(d)(3), by failing to notify the agency of any change or additional information regarding the USTs; 30 TAC §334.50(b)(1)(A) and the Code, §26.3475(c)(1), by failing to monitor USTs for releases; 30 TAC §334.50(d)(1)(B)(ii) and the Code, §26.3475(c)(1), by failing to conduct reconciliation of detailed inventory control records; 30 TAC §334.50(d)(1)(B)(iii)(I) and the Code, §26.3475(c)(1), by failing to record inventory volume measurement for regulated substance inputs, withdrawals, and the amount still remaining in the tank each operating day; and 30 TAC §3334.48(c), by failing to conduct effective manual or automatic inventory control procedures for the UST system; PENALTY: $4,500; ENFORCEMENT COORDINATOR: Wallace Myers, (512) 239-6580; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.
(24) COMPANY: Virgil Wayne Wiley; DOCKET NUMBER: 2008-1724-MLM-E; IDENTIFIER: RN105559082; LOCATION: Seguin, Guadalupe County; TYPE OF FACILITY: unauthorized MSW disposal site; RULE VIOLATED: 30 TAC §111.201 and §330.15(c) and THSC, §382.085(b), by failing to comply with the general prohibition on outdoor burning and to prevent the unauthorized disposal of MSW; PENALTY: $3,486; ENFORCEMENT COORDINATOR: Ross Fife, (512) 239-2541; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.
(25) COMPANY: City of Wolfe City; DOCKET NUMBER: 2008-1557-PWS-E; IDENTIFIER: RN101387579; LOCATION: Hunt County; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.45(b)(2)(F) and THSC, §341.0315(a), by failing to provide a service pump capacity of at least two gpm per connection; 30 TAC §290.46(m)(4), by failing to ensure that all water treatment units and related appurtenances are maintained in a water tight condition; 30 TAC §290.42(d)(10)(C)(iv), by failing to provide a side wall water depth of at least 12 feet in clarification basins that are not equipped with mechanical sludge removal facilities; 30 TAC §290.42(m), by failing to provide an intruder-resistant fence; 30 TAC §290.46(1), by failing to flush dead-end mains at monthly intervals or as needed if water quality complaints are received; 30 TAC §290.46(s)(1) and (2), by failing to calibrate all flow measuring devices; and 30 TAC §290.46(d)(2)(B), by failing to operate the disinfection equipment to maintain a minimum chloramine residual of 0.5 milligrams per liter throughout the distribution system; PENALTY: $1,662; ENFORCEMENT COORDINATOR: Tel Croston, (512) 239-5717; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
TRD-200901158
Kathleen C. Decker
Director, Litigation Division
Texas Commission on Environmental Quality
Filed: March 24, 2009
An agreed order was entered regarding Muhammad Altaf dba Country Food Store, Docket No. 2005-0200-PST-E on March 12, 2009 assessing $19,500 in administrative penalties with $15,900 deferred.
Information concerning any aspect of this order may be obtained by contacting Xavier Guerra, Staff Attorney at (210) 403-4016, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding City of El Paso, Docket No. 2005-0994-PST-E on March 12, 2009 assessing $73,980 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting Xavier Guerra, Staff Attorney at (210) 403-4016, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
A default order was entered regarding Dallas AOS Enterprises, Inc. dba Saniyas Grocery & Grill, Docket No. 2006-0154-PST-E on March 12, 2009 assessing $16,800 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting Jacquelyn Boutwell, Staff Attorney at (512) 239-5846, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
A default order was entered regarding Almeda, Inc. dba Downtown Tiger Mart, Docket No. 2006-1727-PST-E on March 12, 2009 assessing $55,080 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting Jacquelyn Boutwell, Staff Attorney at (512) 239-5846, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
A default order was entered regarding "Triumph Christian Center, Inc.", Docket No. 2006-1792-PWS-E on March 12, 2009 assessing $2,800 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting Tracy Chandler, Staff Attorney at (512) 239-0600, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
A default order was entered regarding Socorro Alvarado, Docket No. 2007-0254-PST-E on March 12, 2009 assessing $7,875 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting Gary Shiu, Staff Attorney at (713) 422-8916, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Exxon Mobil Corporation, Docket No. 2007-0372-AIR-E on March 12, 2009 assessing $22,016 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting Alfred Oloko, Staff Attorney at (713) 422-8918, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
A default order was entered regarding Jorge A. Cavazos, Docket No. 2007-0391-LII-E on March 12, 2009 assessing $2,500 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting Becky Combs, Staff Attorney at (512) 239-6939, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Los Ojuelos Water Company Inc., Docket No. 2007-0396-PWS-E on March 12, 2009 assessing $684 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting Jennifer Cook, Staff Attorney at Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Town of Mustang, Docket No. 2007-0407-MWD-E on March 12, 2009 assessing $20,000 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting Gary Shiu, Staff Attorney at (713) 422-8916, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Brian Fabre dba Fay Ben Mobile Home Park, Docket No. 2007-0972-PWS-E on March 12, 2009 assessing $1,612 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting Laurencia Fasoyiro, Staff Attorney at (713) 422-8914, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
A default order was entered regarding Wilmer Powell, Docket No. 2007-0981-MLM-E on March 12, 2009 assessing $3,150 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting Laurencia Fasoyiro, Staff Attorney at (713) 422-8914, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Orange County Development Company, Docket No. 2007-1073-PST-E on March 12, 2009 assessing $6,500 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting Barham Richard, Staff Attorney at (512) 239-0600, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Healthcare & Rehabilitation Center, Inc. (Previously known as Harvest Communities of Houston, Inc.), Docket No. 2007-1078-MWD-E on March 12, 2009 assessing $15,408 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting Gary Shiu, Staff Attorney at (713) 422-8916, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Jim Sparks dba Sparky's Car Salvage No. 2, Docket No. 2007-1153-WQ-E on March 12, 2009 assessing $2,000 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting Tracy Chandler, Staff Attorney at (512) 239-0600, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Jerry Dean Harris, Docket No. 2007-1312-AGR-E on March 12, 2009 assessing $2,000 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting Benjamin Thompson, Staff Attorney at (512) 239-0600, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Smith County Recycling, LLC dba Dingler Road Recycling Center, Docket No. 2007-1518-MSW-E on March 12, 2009 assessing $15,371 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting Benjamin Thompson, Staff Attorney at (512) 239-0600, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
A default order was entered regarding Frederico Garcia dba My Dream Ballroom, Docket No. 2007-1912-PWS-E on March 12, 2009 assessing $157 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting Laurencia Fasoyiro, Staff Attorney at (713) 422-8914, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
A default order was entered regarding Edna L. Rayford, Docket No. 2008-0098-PST-E on March 12, 2009 assessing $11,550 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting Gary Shiu, Staff Attorney at (713) 422-8916, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding City of Goodlow, Docket No. 2008-0104-MWD-E on March 12, 2009 assessing $41,166 in administrative penalties with $41,166 deferred.
Information concerning any aspect of this order may be obtained by contacting Heather Brister, Enforcement Coordinator at (254) 761-3034, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding City of Evant, Docket No. 2008-0584-MWD-E on March 12, 2009 assessing $10,335 in administrative penalties with $2,067 deferred.
Information concerning any aspect of this order may be obtained by contacting Trina Grieco, Enforcement Coordinator at (210) 403-4006, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Timpson Rural Water Supply Corporation, Docket No. 2008-0720-OSS-E on March 12, 2009 assessing $570 in administrative penalties with $114 deferred.
Information concerning any aspect of this order may be obtained by contacting Pam Campbell, Enforcement Coordinator at (512) 239-4493, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding David Montanez dba David Montanez Calf Farm, Docket No. 2008-0732-AGR-E on March 12, 2009 assessing $3,150 in administrative penalties with $630 deferred.
Information concerning any aspect of this order may be obtained by contacting Tom Jecha, Enforcement Coordinator at (512) 239-2576, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding City of Terrell, Docket No. 2008-0802-MLM-E on March 12, 2009 assessing $6,500 in administrative penalties with $1,300 deferred.
Information concerning any aspect of this order may be obtained by contacting Ross Fife, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Allied Feeds, Inc., Docket No. 2008-0922-AIR-E on March 12, 2009 assessing $2,640 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting Trina Grieco, Enforcement Coordinator at (210) 403-4006, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Eagle Rock Field Services, LP, Docket No. 2008-1019-AIR-E on March 12, 2009 assessing $8,241 in administrative penalties with $1,648 deferred.
Information concerning any aspect of this order may be obtained by contacting Jorge Ibarra, Enforcement Coordinator at (817) 588-5890, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding INVISTA S.a.r.l., Docket No. 2008-1055-AIR-E on March 12, 2009 assessing $32,082 in administrative penalties with $6,416 deferred.
Information concerning any aspect of this order may be obtained by contacting Miriam Hall, Enforcement Coordinator at (512) 239-1044, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Fort Worth Crushed Stone, L.C., Docket No. 2008-1081-WQ-E on March 12, 2009 assessing $5,643 in administrative penalties with $1,128 deferred.
Information concerning any aspect of this order may be obtained by contacting Lauren Smitherman, Enforcement Coordinator at (512) 239-5223, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Gulf Coast Waste Disposal Authority, Docket No. 2008-1115-AIR-E on March 12, 2009 assessing $6,950 in administrative penalties with $1,390 deferred.
Information concerning any aspect of this order may be obtained by contacting Bryan Elliott, Enforcement Coordinator at (512) 239-6162, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Harris County Municipal Utility District No. 24, Docket No. 2008-1169-MWD-E on March 12, 2009 assessing $25,270 in administrative penalties with $5,054 deferred.
Information concerning any aspect of this order may be obtained by contacting Merrilee Hupp, Enforcement Coordinator at (512) 239-4490, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding ONE STOP FOOD STORES, INC. dba One Stop 43, Docket No. 2008-1191-PST-E on March 12, 2009 assessing $58,975 in administrative penalties with $11,795 deferred.
Information concerning any aspect of this order may be obtained by contacting Judy Kluge, Enforcement Coordinator at (817) 588-5825, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding JO PO AND ASSOCIATES, INC. dba Sunwest Grocery Citgo, Docket No. 2008-1208-PST-E on March 12, 2009 assessing $18,900 in administrative penalties with $3,780 deferred.
Information concerning any aspect of this order may be obtained by contacting Judy Kluge, Enforcement Coordinator at (817) 588-5825, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Cimarex Energy Co., Docket No. 2008-1267-AIR-E on March 12, 2009 assessing $3,750 in administrative penalties with $750 deferred.
Information concerning any aspect of this order may be obtained by contacting Miriam Hall, Enforcement Coordinator at (512) 239-1044, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding West Hardin County Independent School District, Docket No. 2008-1274-MWD-E on March 12, 2009 assessing $9,579 in administrative penalties with $1,915 deferred.
Information concerning any aspect of this order may be obtained by contacting Lauren Smitherman, Enforcement Coordinator at (512) 239-5223, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding City of Magnolia, Docket No. 2008-1289-MWD-E on March 12, 2009 assessing $8,520 in administrative penalties with $1,704 deferred.
Information concerning any aspect of this order may be obtained by contacting Lanae Foard, Enforcement Coordinator at (512) 239-2554, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Lucite International, Inc., Docket No. 2008-1293-AIR-E on March 12, 2009 assessing $28,750 in administrative penalties with $5,750 deferred.
Information concerning any aspect of this order may be obtained by contacting Raymond Marlow, Enforcement Coordinator at (409) 899-8785, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Monsanto Ag Products, LLC, Docket No. 2008-1314-AIR-E on March 12, 2009 assessing $1,875 in administrative penalties with $375 deferred.
Information concerning any aspect of this order may be obtained by contacting Jeremy Escobar, Enforcement Coordinator at (512) 239-1460, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Metroplex Retaining Walls, Inc., Docket No. 2008-1334-IWD-E on March 12, 2009 assessing $17,876 in administrative penalties with $3,575 deferred.
Information concerning any aspect of this order may be obtained by contacting Tom Jecha, Enforcement Coordinator at (512) 239-2576, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding City of Gatesville, Docket No. 2008-1361-MWD-E on March 12, 2009 assessing $23,000 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting Heather Brister, Enforcement Coordinator at (254) 761-3034, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding TOTAL PETROCHEMICALS USA, INC., Docket No. 2008-1382-AIR-E on March 12, 2009 assessing $7,775 in administrative penalties with $1,555 deferred.
Information concerning any aspect of this order may be obtained by contacting Raymond Marlow, Enforcement Coordinator at (409) 899-8785, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Belvan Corp., Docket No. 2008-1389-AIR-E on March 12, 2009 assessing $133,900 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting Trina Grieco, Enforcement Coordinator at (210) 403-4006, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Diamond Water Company dba River Bend Estates, Docket No. 2008-1392-PWS-E on March 12, 2009 assessing $280 in administrative penalties with $56 deferred.
Information concerning any aspect of this order may be obtained by contacting Amanda Henry, Enforcement Coordinator at (713) 767-3672, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Glenwood Water Supply Corporation, Docket No. 2008-1393-PWS-E on March 12, 2009 assessing $3,003 in administrative penalties with $600 deferred.
Information concerning any aspect of this order may be obtained by contacting Epifanio Villarreal, Enforcement Coordinator at (361) 825-3425, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Formosa Plastics Corporation, Texas, Docket No. 2008-1412-AIR-E on March 12, 2009 assessing $7,425 in administrative penalties with $1,485 deferred.
Information concerning any aspect of this order may be obtained by contacting Suzanne Walrath, Enforcement Coordinator at (512) 239-2134, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Acme Brick Company, Docket No. 2008-1418-AIR-E on March 12, 2009 assessing $3,850 in administrative penalties with $770 deferred.
Information concerning any aspect of this order may be obtained by contacting Kirk Schoppe, Enforcement Coordinator at (512) 239-0489, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Hyman Farm Service, LLC, Docket No. 2008-1423-AIR-E on March 12, 2009 assessing $6,150 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting Terry Murphy, Enforcement Coordinator at (512) 239-5025, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Raytheon Company, Docket No. 2008-1431-AIR-E on March 12, 2009 assessing $10,000 in administrative penalties with $2,000 deferred.
Information concerning any aspect of this order may be obtained by contacting Cheryl Thompson, Enforcement Coordinator at (817) 588-5886, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Elvan Management, Inc. dba Elvan's Granbury Chevron, Docket No. 2008-1443-PST-E on March 12, 2009 assessing $6,498 in administrative penalties with $1,299 deferred.
Information concerning any aspect of this order may be obtained by contacting Judy Kluge, Enforcement Coordinator at (817) 588-5825, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding City of Cranfills Gap, Docket No. 2008-1445-PWS-E on March 12, 2009 assessing $787 in administrative penalties with $157 deferred.
Information concerning any aspect of this order may be obtained by contacting Yuliya Dunaway, Enforcement Coordinator at (210) 490-3096, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Linde Gas North America, LLC, Docket No. 2008-1455-AIR-E on March 12, 2009 assessing $3,875 in administrative penalties with $775 deferred.
Information concerning any aspect of this order may be obtained by contacting Raymond Marlow, Enforcement Coordinator at (409) 899-8785, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Chevron Phillips Chemical Company LP, Docket No. 2008-1457-AIR-E on March 12, 2009 assessing $8,500 in administrative penalties with $1,700 deferred.
Information concerning any aspect of this order may be obtained by contacting Rebecca Johnson, Enforcement Coordinator at (361) 825-3420, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Enstor Katy Storage and Transportation, LP, Docket No. 2008-1484-AIR-E on March 12, 2009 assessing $3,850 in administrative penalties with $770 deferred.
Information concerning any aspect of this order may be obtained by contacting Trina Grieco, Enforcement Coordinator at (210) 403-4006, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Bosqueville Green Acres Water Supply Corporation, Docket No. 2008-1532-PWS-E on March 12, 2009 assessing $1,474 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting Christopher Keffer, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding KMCO, LP, Docket No. 2008-1543-AIR-E on March 12, 2009 assessing $10,222 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting Miriam Hall, Enforcement Coordinator at (512) 239-1044, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding South Rusk County Water Supply Corporation, Docket No. 2008-1551-PWS-E on March 12, 2009 assessing $1,333 in administrative penalties with $266 deferred.
Information concerning any aspect of this order may be obtained by contacting Amanda Henry, Enforcement Coordinator at (713) 767-3672, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding American Acryl LP, Docket No. 2008-1553-AIR-E on March 12, 2009 assessing $3,625 in administrative penalties with $725 deferred.
Information concerning any aspect of this order may be obtained by contacting Roshondra Lowe, Enforcement Coordinator at (713) 767-3553, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding E. I. du Pont de Nemours and Company, Docket No. 2008-1571-AIR-E on March 12, 2009 assessing $5,450 in administrative penalties with $1,090 deferred.
Information concerning any aspect of this order may be obtained by contacting Terry Murphy, Enforcement Coordinator at (512) 239-5025, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding KM Liquids Terminals LLC, Docket No. 2008-1588-AIR-E on March 12, 2009 assessing $10,000 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting Roshondra Lowe, Enforcement Coordinator at (713) 767-3553, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Bethany Hearne Water Supply Corporation, Docket No. 2008-1653-PWS-E on March 12, 2009 assessing $154 in administrative penalties with $30 deferred.
Information concerning any aspect of this order may be obtained by contacting Richard Croston, Enforcement Coordinator at (512) 239-5717, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding City of Groesbeck, Docket No. 2008-1663-MWD-E on March 12, 2009 assessing $2,580 in administrative penalties with $516 deferred.
Information concerning any aspect of this order may be obtained by contacting Pam Campbell, Enforcement Coordinator at (512) 239-4493, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Costco Wholesale Corporation dba Costco Gasoline Station 636, Docket No. 2008-1677-PST-E on March 12, 2009 assessing $5,601 in administrative penalties with $1,120 deferred.
Information concerning any aspect of this order may be obtained by contacting Michael Pace, Enforcement Coordinator at (817) 588-5933, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Mullin Independent School District, Docket No. 2008-1711-PWS-E on March 12, 2009 assessing $552 in administrative penalties with $110 deferred.
Information concerning any aspect of this order may be obtained by contacting Stephen Thompson, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Avalon Water Supply and Sewer Service Corporation, Docket No. 2008-1716-MWD-E on March 12, 2009 assessing $9,950 in administrative penalties with $1,990 deferred.
Information concerning any aspect of this order may be obtained by contacting Heather Brister, Enforcement Coordinator at (254) 761-3034, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Texas Department of Transportation, Docket No. 2008-1735-MWD-E on March 12, 2009 assessing $6,380 in administrative penalties with $1,276 deferred.
Information concerning any aspect of this order may be obtained by contacting Jennifer Graves, Enforcement Coordinator at (956) 430-6023, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding E. E. Hood & Sons, Inc., Docket No. 2008-1746-EAQ-E on March 12, 2009 assessing $33,750 in administrative penalties with $6,750 deferred.
Information concerning any aspect of this order may be obtained by contacting Lauren Smitherman, Enforcement Coordinator at (512) 239-5223, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding City of Bridgeport, Docket No. 2008-1747-MWD-E on March 12, 2009 assessing $4,795 in administrative penalties with $959 deferred.
Information concerning any aspect of this order may be obtained by contacting Tom Jecha, Enforcement Coordinator at (512) 239-2576, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Flowers Baking Company of Tyler, LLC, Docket No. 2008-1762-AIR-E on March 12, 2009 assessing $1,925 in administrative penalties with $385 deferred.
Information concerning any aspect of this order may be obtained by contacting John Muennink, Enforcement Coordinator at (361) 825-3423, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Mira Vista, Inc., Docket No. 2008-1796-WQ-E on March 12, 2009 assessing $2,000 in administrative penalties with $400 deferred.
Information concerning any aspect of this order may be obtained by contacting Tom Jecha, Enforcement Coordinator at (512) 239-2576, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
A field citation was entered regarding CORNERBROOK CONSTRUCTION, LP dba Summerbrooke Apartments, Docket No. 2008-1508-WQ-E on March 12, 2009 assessing $700 in administrative penalties.
Information concerning any aspect of this citation may be obtained by contacting Melissa Keller, SEP Coordinator at (512) 239-1768, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
A field citation was entered regarding RIDGECREST, INC. dba Ridgecrest Bluffs South, Docket No. 2008-1515-WQ-E on March 12, 2009 assessing $700 in administrative penalties.
Information concerning any aspect of this citation may be obtained by contacting Melissa Keller, SEP Coordinator at (512) 239-1768, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
A field citation was entered regarding Edge Concepts, LLC, Docket No. 2008-1518-WQ-E on March 12, 2009 assessing $700 in administrative penalties.
Information concerning any aspect of this citation may be obtained by contacting Melissa Keller, SEP Coordinator at (512) 239-1768, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
A field citation was entered regarding Kendrick Oil Company dba Buddy's, Docket No. 2008-1522-PST-E on March 12, 2009 assessing $875 in administrative penalties.
Information concerning any aspect of this citation may be obtained by contacting Melissa Keller, SEP Coordinator at (512) 239-1768, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
A field citation was entered regarding PARADISE MANUFACTURING COMPANY, INC., Docket No. 2008-1535-WQ-E on March 12, 2009 assessing $700 in administrative penalties.
Information concerning any aspect of this citation may be obtained by contacting Melissa Keller, SEP Coordinator at (512) 239-1768, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
A field citation was entered regarding Kevin Dunham, Docket No. 2008-1577-WOC-E on March 12, 2009 assessing $210 in administrative penalties.
Information concerning any aspect of this citation may be obtained by contacting Melissa Keller, SEP Coordinator at (512) 239-1768, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
A field citation was entered regarding JORDAN PAVING CORPORATION, Docket No. 2008-1581-WQ-E on March 12, 2009 assessing $700 in administrative penalties.
Information concerning any aspect of this citation may be obtained by contacting Melissa Keller, SEP Coordinator at (512) 239-1768, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
A default order was entered regarding Mark Stewart and Dona Stewart dba Stewart Water, Docket No. 2007-1805-PWS-E on March 13, 2009 assessing $8,601 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting Barham Richard, Staff Attorney at (512) 239-0107, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
TRD-200901182
LaDonna Castañuela
Chief Clerk
Texas Commission on Environmental Quality
Filed: March 25, 2009
In the March 20, 2009, issue of the Texas Register (34 TexReg 2011), the Texas Commission on Environmental Quality (commission or TCEQ) published a Notice of Opportunity to Comment on Default Orders of Administrative Enforcement Actions.
Concerning Item Number 8, Javier B. Armendariz; DOCKET NUMBER: 2008-1668-PST-E, the commission inadvertently changed the following penalty amount as part of the initial notice.
COMPANY: Javier B. Armendariz; DOCKET NUMBER: 2008-1668-PST-E; TCEQ ID NUMBER: RN101835726; LOCATION: 1112 South Dixie Boulevard, Odessa, Ector County; TYPE OF FACILITY: abandoned mechanic shop/car wash facility; RULES VIOLATED: 30 TAC §334.50(b)(1)(A), Texas Water Code (TWC), §26.3475(c)(1), and TCEQ Agreed Order, Docket Number 2006-1902-PST-E, Ordering Provisions Number 2.a.i, by failing to monitor underground storage tanks (USTs) for releases at a frequency of at least once every month (not to exceed 35 days between each monitoring); 30 TAC §334.49(a), TWC, §26.3475(d), and TCEQ Agreed Order, Docket Number 2006-1902-PST-E, Ordering Provisions Number 2.a.ii., by failing to provide proper corrosion protection for the UST system; and TCEQ Agreed Order, Docket Number 2006-1902-PST-E, Ordering Provision Number 1, by failing to timely and satisfactorily comply with the administrative penalty payment requirements and late fees associated with the penalty; PENALTY: $16,625; STAFF ATTORNEY: Phillip Goodwin, Litigation Division, MC 175, (512) 239-0675; REGIONAL OFFICE: Midland Regional Office, 3300 North A Street, Building 4, Suite 107, Midland, Texas 79705-5404, (915) 570-1359.
TRD-200901159
Kathleen C. Decker
Director, Litigation Division
Texas Commission on Environmental Quality
Filed: March 24, 2009
Notice issued March 17, 2009.
TCEQ Internal Control No. 10072008-D01; The petition was signed by Mr. Wilford R. Cardon, Manager, of the Cardon Group, L.L.C., an Arizona limited liability company on behalf of Boa Sorte limited partnership, an Arizona limited partnership, Charlesview, L.L.C, an Arizona limited partnership, Texas Reunion, L.L.L.P., an Arizona limited liability limited partnership, SPG-Stratford III, L.L.L.P., an Arizona limited liability limited partnership, SPG-Wheatley, L.L.L.P., an Arizona limited liability limited partnership, SPG-RW, L.L.L.P., an Arizona limited liability limited partnership, SLPR, L.L.C., an Arizona limited liability company, SPG-Masterson, L.L.L.P., an Arizona limited liability limited partnership, R.D. Hubbard, SPG-Woodard, L.L.L.P., an Arizona limited liability limited partnership, Arizona Lemonade Springs, L.L.L.P., an Arizona limited liability limited partnership (Petitioners) filed a petition for creation of Montgomery County Municipal Utility District No. 125 (District) with the Texas Commission on Environmental Quality (TCEQ). The petition was filed pursuant to Article XVI, Section 59 of the Constitution of the State of Texas; Chapters 49 and 54 of the Texas Water Code; 30 Texas Administrative Code Chapter 293; and the procedural rules of the TCEQ. The petition states the following: (1) the Petitioners are the holder of title to a majority in value of the land to be included in the proposed District; (2) there are no lien holders on the property to be included in the proposed District; (3) the proposed District will contain approximately 873.3064 acres located within Montgomery County, Texas; and (4) no portion of land within the proposed District is within the corporate limits or extraterritorial jurisdiction of any other city, town or village in Texas. According to the petition, the Petitioner has conducted a preliminary investigation to determine the cost of the project and from the information available at the time, the cost of the project is estimated to be approximately $85,600,000 for water, wastewater and drainage facilities, $5,320,000 for recreational facilities, and $12,575,000 for road facilities.
INFORMATION SECTION
To view the complete issued notice, view the notice on our web site at www.tceq.state.tx.us/comm_exec/cc/pub_notice.html or call the Office of the Chief Clerk at (512) 239-3300 to obtain a copy of the complete notice. When searching the web site, type in the issued date range shown at the top of this document to obtain search results.
The TCEQ may grant a contested case hearing on the petition if a written hearing request is filed within 30 days after the newspaper publication of the notice. To request a contested case hearing, you must submit the following: (1) your name (or for a group or association, an official representative), mailing address, daytime phone number, and fax number, if any; (2) the name of the Petitioner and the TCEQ Internal Control Number; (3) the statement "I/we request a contested case hearing"; (4) a brief description of how you would be affected by the petition in a way not common to the general public; and (5) the location of your property relative to the proposed District's boundaries. You may also submit your proposed adjustments to the petition. Requests for a contested case hearing must be submitted in writing to the Office of the Chief Clerk at the address provided below.
The Executive Director may approve the petition unless a written request for a contested case hearing is filed within 30 days after the newspaper publication of this notice. If a hearing request is filed, the Executive Director will not approve the petition and will forward the petition and hearing request to the TCEQ Commissioners for their consideration at a scheduled Commission meeting. If a contested case hearing is held, it will be a legal proceeding similar to a civil trial in state district court.
Written hearing requests should be submitted to the Office of the Chief Clerk, MC 105, TCEQ, P.O. Box 13087, Austin, Texas 78711-3087. For information concerning the hearing process, please contact the Public Interest Counsel, MC 103, at the same address. For additional information, individual members of the general public may contact the Districts Review Team, at (512) 239-4691. Si desea información en Español, puede llamar al (512) 239-0200. General information regarding TCEQ can be found at our web site at www.tceq.state.tx.us.
TRD-200901181
LaDonna Castañuela
Chief Clerk
Texas Commission on Environmental Quality
Filed: March 25, 2009
The Texas Commission on Environmental Quality (TCEQ or commission) staff is providing an opportunity for written public comment on the listed Agreed Orders (AOs) in accordance with Texas Water Code (TWC), §7.075. Section 7.075 requires that before the commission may approve the AOs, the commission shall allow the public an opportunity to submit written comments on the proposed AOs. Section 7.075 requires that notice of the opportunity to comment must be published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is May 4, 2009. Section 7.075 also requires that the commission promptly consider any written comments received and that the commission may withdraw or withhold approval of an AO if a comment discloses facts or considerations that indicate that consent is inappropriate, improper, inadequate, or inconsistent with the requirements of the statutes and rules within the commission's jurisdiction or the commission's orders and permits issued in accordance with the commission's regulatory authority. Additional notice of changes to a proposed AO is not required to be published if those changes are made in response to written comments.
A copy of each proposed AO is available for public inspection at both the commission's central office, located at 12100 Park 35 Circle, Building A, 3rd Floor, Austin, Texas 78753, (512) 239-3400 and at the applicable regional office listed as follows. Written comments about an AO should be sent to the attorney designated for the AO at the commission's central office at P.O. Box 13087, MC 175, Austin, Texas 78711-3087 and must be received by 5:00 p.m. on May 4, 2009. 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: ExxonMobil Oil Corporation; DOCKET NUMBER: 2005-0228-AIR-E; TCEQ ID NUMBER: RN102450756; LOCATION: 1795 Burt Street, Beaumont, Jefferson County; TYPE OF FACILITY: petroleum refinery; RULES VIOLATED: 30 TAC §101.201(a)(2)(F), (G), (b)(7), and (9), and Texas Health and Safety Code (THSC), §382.085(b), by failing to properly report on a September 28, 2003, shut down requiring two reports and seven other reports on emissions events beginning on September 4 - December 22, 2003; 30 TAC §116.110(a)(1) and THSC, §382.085(b), by failing to prevent unauthorized emissions during an emissions event in the Catalyst HydroDesulfurization - 1 Flare that began on September 23, 2003, and lasted two hours 23 minutes, releasing 1,113.40 pounds (lbs) of Hydrogen Sulfide (H2S); 30 TAC §116.110(a)(1) and THSC, §382.085(b), by failing to prevent unauthorized emissions during an emissions event in the Gas Plant 5 East (GP5E) Unit Debutanizer Tower that began on October 8, 2003, and lasted two hours 51 minutes, releasing 162,511.4 lbs of butane, 165,029.5 lbs of n-isobutane, and 89.62 lbs of nitrogen oxide (NOx); 30 TAC §101.201(a)(1)(B) and (c) and THSC, §382.085(b), by failing to properly report within 24 hours of an emissions event at the fluid catalytic cracking unit (FCCU) discovered on November 11, 2003, at 19:10, but not reported to the TCEQ until November 14, 2003, at 21:01; and an emissions event at the Flare Gas Recovery (FGR) Unit discovered on February 11, 2004, at 09:10, but not reported until February 12, 2004, at 14:24; 30 TAC §101.20(3) and §116.116(a)(1), TCEQ Air Permit Number 18425 (application representation), and THSC, §382.085(b), by failing to prevent unauthorized emissions from the FGR Unit that began on February 11, 2004, at 09:10 hours and lasted till 16:40 (7 hours 30 minutes) releasing 28.18 lbs of H2S; and 30 TAC §112.3(c) and THSC, §382.085(b), but failing to prevent unauthorized emissions during an emissions event at the Sulfur Plant 3 that began on March 9, 2004, and lasted 1 hour and 23 minutes, releasing 50.00 lbs of carbon monoxide (CO), 516.47 lbs of H2S, 6.95 lbs of NOx, 49,374.20 lbs sulfur dioxide (SO 2), and 19.98 lbs of volatile organic compound (VOC); PENALTY: $22,194; 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.
(2) COMPANY: Leopoldo E. Galindo dba Leo's Tire Service aka Crane Texaco; DOCKET NUMBER: 2008-0258-PST-E; TCEQ ID NUMBER: RN102043932; LOCATION: 332 South Gaston Street, Crane, Crane County; TYPE OF FACILITY: tire service; RULES VIOLATED: 30 TAC §334.47(a)(2), by failing to permanently remove from service, no later than 60 days after the prescribed upgrade implementation date, an underground storage tank (UST) system for which any applicable component of the system is not brought into timely compliance with the upgrade requirements; PENALTY: $2,625; STAFF ATTORNEY: Peipey Tang, Litigation Division, MC 175, (512) 239-0654; REGIONAL OFFICE: Midland Regional Office, 3300 North A Street, Building 4, Suite 107, Midland, Texas 79705-5404, (915) 570-1359.
(3) COMPANY: Lucite International, Inc.; DOCKET NUMBER: 2007-1876-AIR-E; TCEQ ID NUMBER: RN102736089; LOCATION: 6350 North Twin City Highway, Nederland, Jefferson County; TYPE OF FACILITY: industrial organic chemical plant; RULES VIOLATED: 30 TAC §§113.120, 115.112(a)(1), and 122.143(4), 40 Code of Federal Regulations (CFR) §63.120(d)(5), Federal Operating Permit (FOP) Number O-01960, General Terms and Conditions (GTC), and Special Conditions (SC)1A, 1E, 4, and 19, New Source Review (NSR) Air Permit Number 1743, SC 2 and 10, and THSC, §382.085(b), by failing to maintain the required water flow to scrubbers ACR/ABS156, ACR/ABS61, ACR/ABS159, and ACR/ABS218; 30 TAC §§113.120, 116.115(c), and 122.143(4), 40 CFR §63.120(d)(5), FOP Number O-01960 GTC, SC 1A, 1E, and 19, NSR Air Permit Number 1743, SC 2 and 12, and THSC, §382.085(b), by failing to maintain the daily average temperature of incinerator ACR/INC60 above the established minimum limit; 30 TAC §§113.120, 116.115(c), and 122.143(4), 40 CFR §63.120(d)(5), FOP Number O-01960, GTC, SC 1A, 1E, and 19, NSR Air Permit Number 1743, SC 2, and 12, and THSC, §382.085(b), by failing to maintain the daily average temperature of vapor combustor ACR/VC51 above the established minimum limit; 30 TAC§§101.20(3), 116.115(b)(2)(F) and (c), and 112.143(4), FOP Number O-01437, GTC, SC 12, NSR Air Permit Number 19005/PSD-TX-753, SC 1, and THSC, §382.085(b), by failing to maintain emission rates below the allowable emission limits for SO2; and 30 TAC §116.115(c), Air Permit Number 1743, Special Condition 1, and THSC, §382.085(b), by failing to prevent unauthorized emissions; PENALTY: $50,250; Supplemental Environmental Project (SEP) offset amount of $25,125 applied to Jefferson County - Retrofit/Replace Heavy Equipment and Vehicles with Alternative-Fueled Equipment and Vehicles; 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.
(4) COMPANY: MSMS, Inc. dba Golden Stop; DOCKET NUMBER: 2008-1158-PST-E; TCEQ ID NUMBER: RN101567725; LOCATION: 1025 Dallas Drive, Denton, Denton County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §115.245(2) and THSC, §382.085(b), by failing to verify proper operation of the Stage II equipment at least once every 12 months; 30 TAC §115.242(3)(A) and §115.242(1)(C) and THSC, §382.085(b), by failing to upgrade the Stage II equipment to onboard refueling vapor recovery (ORVR) compatible systems and 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; 30 TAC §115.248(1) and THSC, §382.085(b), by failing to ensure that at least one station representative received training and instruction in the operation and maintenance of the Stage II vapor recovery system, and each current employee receives in-house Stage II vapor recovery training regarding the purpose and correct operation of the Stage II equipment; 30 TAC §334.10(b), by failing to maintain UST records and make them immediately available for inspection upon request by agency personnel; 30 TAC §334.50(b)(1)(A) and TWC, §26.3475(c)(1), by failing to monitor USTs for release at a frequency of at least once every month (not to exceed 35 days between each monitoring); 30 TAC §334.51(a)(6) and TWC, §26.3475(c)(2), by failing to ensure that all spill and overfill prevention devices are maintained in good operating condition; PENALTY: $12,300; STAFF ATTORNEY: Phillip Goodwin, Litigation Division, MC 175, (512) 239-0675; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(5) COMPANY: Quest Laboratories, Inc. dba Quest Diagnostics; DOCKET NUMBER: 2005-0021-MLM-E; TCEQ ID NUMBER: RN104321369; LOCATION: 5850 Rogerdale Road, Houston, Harris County; TYPE OF FACILITY: analytical laboratory for patient specimens gathered from doctors' offices, clinics, and patient service centers; RULES VIOLATED: 30 TAC §330.4(b) and §330.5(a), by failing to obtain authorization for acceptance of untreated medical waste; 30 TAC §335.62 and 40 CFR §262.11, by failing to determine if a waste is hazardous pursuant to 30 TAC §335.504 (relating to Hazardous Waste Determination); 30 TAC §335.69(a)(2) and 40 CFR §262.34(a)(2), by failing to ensure that the date upon which each period of accumulation begins is clearly marked and visible for inspection on each container; 30 TAC §335.69(a)(3) and 40 CFR §262.34(a)(3), by failing to ensure that each container and tank is labeled or marked clearly with the words "Hazardous Waste;" 30 TAC §335.69(d)(1) and 40 CFR §265.173(a), by failing to ensure that a container holding hazardous waste is always closed during storage, except when it is necessary to add or remove waste; 30 TAC §335.69(d)(2) and 40 CFR §262.34(c)(1)(ii), by failing to mark containers with either the words Hazardous Waste or with other words that identify the contents of the containers; 30 TAC §335.9(a)(1)(G), by failing to maintain records to support the location of all hazardous waste accumulation areas; 30 TAC §335.10(b)(22), by failing to include the TCEQ waste classification code assigned to the waste by the generator in the hazardous waste manifest; 30 TAC §335.431(c) and 40 CFR §268.7(a)(5), by failing to develop and follow a written waste analysis plan which describes the procedures that will be followed to comply with treatment standards; 30 TAC §335.69(a)(4) and 40 CFR §265.37(a)(1) and (4), by failing to familiarize police, fire departments, emergency response teams, and hospitals with the layout of the facility, properties of hazardous waste handled at the facility, associated hazards, the location where facility personnel would be working, entrances to roads inside the facility, possible evacuation routes and the types of injuries or illnesses which could result from fires, explosions, or releases from the facility; and 30 TAC §335.475, by failing to develop a pollution prevention plan; PENALTY: $51,000; STAFF ATTORNEY: Xavier Guerra, Litigation Division, MC 175, (210) 403-4016; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Street, Suite H, Houston, Texas 77023, (713) 767-3500.
(6) COMPANY: Sarn Management, Inc. dba Toor Food Mart; DOCKET NUMBER: 2005-1795-PST-E; TCEQ ID NUMBER: RN101432466; LOCATION: 899 Main Street, Liberty, Liberty County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.10(b), by failing to maintain all UST records at the facility and make available for inspection to commission personnel upon request; 30 TAC §37.815(a) and (b), by failing to demonstrate acceptable financial assurance for taking corrective action and for compensating third parties for bodily injury and property damage caused by accidental releases arising from the operation of petroleum USTs; and 30 TAC §334.50(d)(1)(B)(ii) and TWC, §26.3475(c)(1), by failing to conduct reconciliation of detailed inventory control records at least once each month, sufficiently accurate to detect a release as small as the sum of 1.0% of the total substance flow-through for the month plus 130 gallons; PENALTY: $5,152; STAFF ATTORNEY: Phillip Goodwin, Litigation Division, MC 175, (512) 239-0675; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Street, Suite H, Houston, Texas 77023, (713) 767-3500.
(7) COMPANY: Solutia, Inc.; DOCKET NUMBER: 2008-0062-AIR-E; TCEQ ID NUMBER: RN100238682; LOCATION: Farm-to-Market (FM) Road 2917, approximately eight miles south of the intersection of Texas Highway 35 and FM 2917, Brazoria County; TYPE OF FACILITY: organic chemical production plant; RULES VIOLATED: 30 TAC §116.115(c), Permit Number 38336 SC Number 4, and THSC, §382.085(b), by failing to comply with a permit limit of 4.50 lbs/hr for NOx emissions from the AN-7 Process Air Startup Heather (70H101-1); 30 TAC §117.8000 and THSC, §382.085(b), by failing to test for compliance with the CO emission limits for 70H101-1 during the reference method stack test conducted on February 19, 2007; 30 TAC §§122.143(4), 122.145(2)(A), and 122.146(1); Operating Permit Number O-02319, GTC, THSC, §382.085(b), by failing to submit the Annual Compliance Certification for the period beginning November 29, 2004 - November 25, 2005, with the required certification language; 30 TAC §116.115(c), Air Permit Number 18251, SC Number 4, 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 submit the initial notification within 24 hours of discovery of an emissions event that started on August 5, 2007; 30 TAC §116.115(c), Air Permit Number 18251, SC Number 4, and THSC, §382.085(b), by failing to prevent an unauthorized emissions event which occurred on September 26, 2007; 30 TAC §116.115(c), Air Permit Number 18251, SC Number 4, and THSC, §382.085(b), by failing to prevent an unauthorized emissions event which occurred on October 30, 2007; 30 TAC §101.20(3) and §116.115(c), THSC, §382.085(b) and Permit Number 38336/PSD-TX-910, SC Number 4, by failing to comply with permitted emission limits on March 28, 2008; 30 TAC §116.115(c), THSC, §382.085(b), and Permit Number 18251, SC Number 4, by failing to prevent unauthorized emissions events which occurred on February 29, 2008; 30 TAC §116.115(c), THSC, §382.085(b), and Permit Number 18251, SC Number 4, by failing to prevent unauthorized emissions events which occurred on March 2, 2008; 30 TAC §116.115(c), THSC, §382.085(b), and Permit Number 18251, SC Number 4, by failing to prevent unauthorized emissions events which occurred on March 27, 2008; 30 TAC §101.201(b)(1) and THSC, §382.085(b), by failing to properly report an emissions event which occurred on March 27, 2008; 30 TAC §116.115(c), THSC, §382.085(b), and Permit Number 18251, SC Number 4, by failing to prevent unauthorized emissions on November 26, 2007, when the secondary backup pump, Pump 250P1-3 failed to start automatically when the primary boiler feed water pump, Pump 350P1-2 failed; and 30 TAC §116.115(c), THSC, §382.085(b), and Permit Number 6534, SC Number 1, by failing to comply with the combined maximum allowable emission rate (MAER) for NOx for seven Linear Alkyl Benzene (LAB) Unit heaters during stack testing conducted on February 27 - 28, March 1 - 2, and 14, 2007; PENALTY: $117,048; SEP offset amount of $58,524 applied to Houston-Galveston Area Emission Reduction Credit Organization Clean Cities/Clean Vehicles; STAFF ATTORNEY: Jennifer Cook, Litigation Division, MC 175, (512) 239-1873; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Street, Suite H, Houston, Texas 77023, (713) 767-3500.
TRD-200901166
Kathleen C. Decker
Director, Litigation Division
Texas Commission on Environmental Quality
Filed: March 24, 2009
The Texas Commission on Environmental Quality (TCEQ or commission) staff is providing an opportunity for written public comment on the listed Default Orders (DOs). The commission staff proposes a DO when the staff has sent an executive director's preliminary report and petition (EDPRP) to an entity outlining the alleged violations; the proposed penalty; and the proposed technical requirements necessary to bring the entity back into compliance; and the entity fails to request a hearing on the matter within 20 days of its receipt of the EDPRP or requests a hearing and fails to participate at the hearing. Similar to the procedure followed with respect to Agreed Orders entered into by the executive director of the commission, in accordance with Texas Water Code (TWC), §7.075 this notice of the proposed order and the opportunity to comment is published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is May 4, 2009. The commission will consider any written comments received and the commission may withdraw or withhold approval of a DO if a comment discloses facts or considerations that indicate that consent to the proposed DO is inappropriate, improper, inadequate, or inconsistent with the requirements of the statutes and rules within the commission's jurisdiction, or the commission's orders and permits issued in accordance with the commission's regulatory authority. Additional notice of changes to a proposed DO is not required to be published if those changes are made in response to written comments.
A copy of each proposed DO is available for public inspection at both the commission's central office, located at 12100 Park 35 Circle, Building A, 3rd Floor, Austin, Texas 78753, (512) 239-3400 and at the applicable regional office listed as follows. Written comments about the DO should be sent to the attorney designated for the DO at the commission's central office at P.O. Box 13087, MC 175, Austin, Texas 78711-3087 and must be received by 5:00 p.m. on May 4, 2009. 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: AZY Corporation, Inc.; DOCKET NUMBER: 2008-1279-PST-E; TCEQ ID NUMBER: RN102893492; LOCATION: 14623 Buffalo Speedway Houston, Harris County; TYPE OF FACILITY: convenience store; RULES VIOLATED: 30 TAC §334.47(a)(2), by failing to permanently remove two underground storage tanks (USTs) from service; PENALTY: $10,500; STAFF ATTORNEY: Phillip Goodwin, Litigation Division, MC 175, (512) 239-0675; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Street, Suite H, Houston, Texas 77023, (713) 767-3500.
(2) COMPANY: Alejandro Romo; DOCKET NUMBER: 2008-1156-MSW-E; TCEQ ID NUMBER: RN105496913; LOCATION: north side of State Highway 204 near Ponta, Cherokee County; TYPE OF FACILITY: unauthorized scrap tire storage facility; RULES VIOLATED: 30 TAC §328.56(d)(2), by failing to obtain a scrap tire storage site registration for the facility prior to storing more than 500 used or scrap tires on the ground or 2,000 used or scrap tires in containers; PENALTY: $5,000; STAFF ATTORNEY: Tommy Tucker Henson II, Litigation Division, MC 175, (512) 239-0946; REGIONAL OFFICE: Tyler Regional Office, 2916 Teague Drive, Tyler, Texas 75701-3734, (903) 535-5100.
(3) COMPANY: Bert Brymer; DOCKET NUMBER: 2007-1271-PST-E; TCEQ ID NUMBER: RN101537504; LOCATION: 206 West Farm-to-Market (FM) Road 120, Pottsboro, Grayson County; TYPE OF FACILITY: property; RULES VIOLATED: 30 TAC §334.47(a)(2), by failing to permanently remove from service, no later than 60 days after the prescribed upgrade implementation date, five USTs for which any applicable component of the system is not brought into timely compliance with the upgrade requirements; PENALTY: $13,125; STAFF ATTORNEY: Rudy Calderon, Litigation Division, MC 175, (512) 239-0265; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(4) COMPANY: Cain Addition Homeowners Association CAHA; DOCKET NUMBER: 2008-0975-PWS-E; TCEQ ID NUMBER: RN105504567; LOCATION: County Road 2327, Kleberg County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.42(b)(1), by failing to provide disinfection facilities for microbiological control and distribution protection; and 30 TAC §290.39(m), (c)(3)(A) and (B), and Texas Health and Safety Code (THSC), §341.035(c), by failing to provide written notification to the commission of the startup of a new public water system and by failing to provide plans and specifications, and a business plan for the water system; PENALTY: $1,850; STAFF ATTORNEY: Laurencia Fasoyiro, Litigation Division, MC R-12, (713) 422-8914; REGIONAL OFFICE: Corpus Christi Regional Office, 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5839, (361) 825-3100.
(5) COMPANY: Clarence Reeves dba Pleasant Ridge Addition and Timber Creek Addition; DOCKET NUMBER: 2008-0929-PWS-E; TCEQ ID NUMBER: RN101175552 (Facility 1) and RN101272433 (Facility 2); LOCATION: one mile north of United States (US) Highway 82 at FM Road 3902, Sadler, Cooke County (Facility 1) and north side of US Highway 82, 1.4 miles east of FM Road 678, Sadler, Cooke County (Facility 2); TYPE OF FACILITY: public water supply (Facility 1 and 2); RULES VIOLATED: 30 TAC §290.271(b) and §290.274(a) and (c), by failing to mail or directly deliver one copy of the Consumer Confidence Report (CCR) to each bill paying customer by July 1st of each year; and by failing to submit a copy of the annual CCR and certification that the CCR has been distributed to the customers of the water system and that the information in the CCR is correct and consistent with compliance monitoring data to the TCEQ by July 1st of each year; 30 TAC §290.51(a)(6), by failing to pay all outstanding Public Health Service (PHS) fees and late fees for TCEQ Financial Administration (FA) Account Number 90490041 for Fiscal Years 1994 - 2008; 30 TAC §290.271(b) and §290.274(a) and (c), by failing to mail or directly deliver one copy of the CCR to each bill paying customer by July 1st of each year and failing to submit a copy of the annual CCR and certification that the CCR has been distributed to the customers of the water system and that the information in the CCR is correct and consistent with compliance monitoring data to the TCEQ by July 1st of each year; and 30 TAC §290.51(a)(6), by failing to pay all outstanding PHS fees and late fees for TCEQ FA Account Number 90490030 for Fiscal Years 1994 - 2008; PENALTY: $3,117; STAFF ATTORNEY: Jacquelyn Boutwell, Litigation Division, MC 175, (512) 239-5846; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(6) COMPANY: JMJ Organics Ltd; DOCKET NUMBER: 2008-0964-MSW-E; TCEQ ID NUMBER: RN105112874; LOCATION: 13610 Reeveston Road, Houston, Harris County; TYPE OF FACILITY: wood recycling operation; RULES VIOLATED: 30 TAC §328.5(f)(2)(B), by failing to maintain all records necessary to show training of staff in the inspection of incoming loads to ensure that they contain no more than 10% incidental non-recyclable waste; 30 TAC §332.8(c)(1), by failing to have a setback distance of at least 50 feet from all property boundaries to the edge of the area receiving, processing, or storing feedstock or finished product; and 30 TAC §328.5(d), by failing to establish and maintain financial assurance for the closure of a recycling facility that stores combustible materials (mulch and wood waste) outdoors; PENALTY: $6,539; STAFF ATTORNEY: Laurencia Fasoyiro, Litigation Division, MC R-12, (713) 422-8914; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Street, Suite H, Houston, Texas 77023, (713) 767-3500.
(7) COMPANY: J.R.'s Concrete Incorporated; DOCKET NUMBER: 2008-0658-WQ-E; TCEQ ID NUMBER: RN105223481; LOCATION: 212 Interstate Loop, Williamson County; TYPE OF FACILITY: batch plant and clean out pits; RULES VIOLATED: 30 TAC §281.25(a)(4) and 40 Code of Federal Regulations (CFR) §122.26(c), by failing to obtain coverage to discharge wash-water from a concrete batch plant under Texas Pollutant Discharge Elimination System (TPDES) Permit Number TXG110000; and TWC, §26.121(a), by failing to prevent the unauthorized discharge of sediment into or adjacent to water in the State; PENALTY: $5,400; STAFF ATTORNEY: James Sallans, Litigation Division, MC 175, (512) 239-2053; REGIONAL OFFICE: Austin Regional Office, 2800 South Interstate Highway 35, Suite 100, Austin, Texas 78704-5712, (512) 339-2929.
(8) COMPANY: Julio S. Alonso and Maria I. Alonso dba A-1 Metal Finishing & Polishing; DOCKET NUMBER: 2008-0317-MLM-E; TCEQ ID NUMBER: RN105367312; LOCATION: 4206 Lonesome Trail, Von Ormy, Bexar County; TYPE OF FACILITY: metal plating facility; RULES VIOLATED: 30 TAC §335.4(1) and TWC, §26.121(a)(1), by failing to prevent the discharge of industrial waste into or adjacent to waters in the State; 30 TAC §335.69(b) and 40 CFR §262.34(a), by failing to ensure that hazardous waste is not accumulated on-site for more than 90 days without a permit; 30 TAC §335.62, by failing to conduct hazardous waste determinations; 30 TAC §335.69(d)(1) and 40 CFR §264.173(a), by failing to ensure containers of hazardous waste are always closed during storage, except when it is necessary to add or remove waste and by failing to label or mark containers with either the words "Hazardous Waste" or other words identifying the contents of the containers; 30 TAC §116.110(a) and THSC, §382.0518(a) and §382.085(b), by failing to obtain permit authorization prior to engaging in activities in which air contaminants are emitted as documented during an investigation conducted on October 24, 2007; and 30 TAC §335.6(c), by failing to notify the executive director concerning the generation of hazardous waste; PENALTY: $9,500; STAFF ATTORNEY: Stephanie J. Frazee, Litigation Division, MC 175, (512) 239-3693; REGIONAL OFFICE: San Antonio Regional Office, 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.
(9) COMPANY: Lometa Davis; DOCKET NUMBER: 2008-1015-PST-E; TCEQ ID NUMBER: RN102277167; LOCATION: 511 South Divide, Eldorado, Schleicher County; TYPE OF FACILITY: formerly used as a gas station; RULES VIOLATED: 30 TAC §334.47(a)(2), by failing to permanently remove from service, no later than 60 days after the prescribed implementation date, three USTs for which any applicable component of the system is not brought into timely compliance with the upgrade requirements; and 30 TAC §334.7(d)(3), by failing to update self-certification registration to reflect changes to the system; PENALTY: $17,600; STAFF ATTORNEY: Tommy Tucker Henson II, Litigation Division, MC 175, (512) 239-0946; REGIONAL OFFICE: San Angelo Regional Office, 622 South Oakes, Suite K, San Angelo, Texas 76903-7013, (915) 655-9479.
(10) COMPANY: M. L. Stringer; DOCKET NUMBER: 2008-0257-PST-E; TCEQ ID NUMBER: RN101548774; LOCATION: Interstate 45 at Exit 221, south of Angus, Navarro County; TYPE OF FACILITY: inactive USTs; RULES VIOLATED: 30 TAC §334.7(a)(2), by failing to perform the permanent removal of four USTs that had not met the upgrade requirements; PENALTY: $10,500; STAFF ATTORNEY: Benjamin Thompson, Litigation Division, MC 175, (512) 239-1297; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(11) COMPANY: Richard Sullivan dba Country View Mobile Home Park and Richard Sullivan dba Valley Estates; DOCKET NUMBER: 2008-1127-PWS-E; TCEQ ID NUMBER: RN101278190 and RN101278018; LOCATION: 7506 North County Road 1540 Unit 23, Lubbock County (Facility 1) and 7400 North Venita Avenue, Lubbock County (Facility 2); TYPE OF FACILITY: approximately 23 service connections (Facility 1) and approximately 36 service connections (Facility 2); RULES VIOLATED: 30 TAC §290.271(b) and §290.274(a) and (c), by failing to mail or directly deliver one copy of the CCR to each bill paying customer by July 1st of each year and by failing to submit a copy of the annual CCR and certification that the CCR has been distributed to the customers of the water system and that the information in the CCR is correct and consistent with compliance monitoring data to the TCEQ by July 1st of each year; and 30 TAC §290.51(a)(6), by failing to pay all annual and late PHS fees for TCEQ FA Account Numbers 91520247 and 91520198 for Fiscal Year 2008 to the TCEQ in a timely manner; PENALTY: $1,475; STAFF ATTORNEY: Laurencia Fasoyiro, Litigation Division, MC R-12, (713)422-8914; REGIONAL OFFICE: Lubbock Regional Office, 5012 50th Street, Suite 100, Lubbock, Texas 79414-3520, (806) 796-7092.
(12) COMPANY: Rodrigo Salas dba Sams Cleaners; DOCKET NUMBER: 2008-1805-DCL-E; TCEQ ID NUMBER: RN104987888; LOCATION: 10325 Lake June Road, Suite 190, Dallas, Dallas County; TYPE OF FACILITY: dry cleaning drop station facility; RULES VIOLATED: 30 TAC §337.10(a), THSC, §374.102, and TCEQ DO, Docket Number 2006-0940-DCL-E, Ordering Provision 2.a., by failing to renew the facility's registration by completing and submitting the required registration form to the TCEQ for a dry cleaning and/or drop station facility; PENALTY: $3,172; STAFF ATTORNEY: Tommy Tucker Henson II, Litigation Division, MC 175, (512) 239-0946; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(13) COMPANY: S & J Endeavors, L.L.C.; DOCKET NUMBER: 2008-0998-WQ-E; TCEQ ID NUMBER: RN105329510; LOCATION: two miles northeast of FM 1826 and FM 967 off of FM 1826, Dripping Springs, Hays County; TYPE OF FACILITY: construction site; RULES VIOLATED: 30 TAC §281.25(a)(4) and 40 CFR §122.26(c), by failing to obtain authorization to discharge storm water associated with construction activities; PENALTY: $2,100; STAFF ATTORNEY: Stephanie J. Frazee, Litigation Division, MC 175, (512) 239-3693; REGIONAL OFFICE: Austin Regional Office, 2800 South Interstate Highway 35, Suite 100, Austin, Texas 78704-5712, (512) 339-2929.
(14) COMPANY: Wafia Hanif dba Tigerland Express 1 f/k/a Wafia Hanif dba Super Stop Texaco; DOCKET NUMBER: 2007-2009-PST-E; TCEQ ID NUMBER: RN104661384; LOCATION: 401 East Lennon Drive, Emory, Rains County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.49(c)(4), TWC, §26.3475(d), and TCEQ Agreed Order, Docket Number 2005-1573-PST-E, Ordering Provision Number 2.a.i, by failing to have the corrosion protection equipment tested for operability and adequacy of protection at least once every three years to ensure adequate protection of the UST system; 30 TAC §334.49(c)(2)(C), TWC, §26.3475(d), and TCEQ Agreed Order, Docket Number 2005-1573-PST-E, Ordering Provision Number 2.a.i, by failing to inspect the cathodic protection system at least once every 60 days to ensure the rectifier and other system components were operating properly; 30 TAC §334.50(b)(1)(A), TWC, §26.3475(c)(1), and TCEQ Agreed Order, Docket Number 2005-1573-PST-E, Ordering Provision Number 2.a.iii, by failing to monitor USTs for releases at a frequency of at least once every month (not to exceed 35 days between each monitoring); 30 TAC §334.48(c) and TCEQ Agreed Order, Docket Number 2005-1573-PST-E, Ordering Provision Number 2.a.ii, by failing to conduct effective manual or automatic inventory control procedures for all USTs involved in the retail sale of petroleum used as a motor fuel; and 30 TAC §334.45(c)(3)(A) and TCEQ Agreed Order, Docket Number 2005-1573-PST-E, Ordering Provision Number 2.a.iv, by failing to properly install and maintain a secure anchor at the base of each Underwriters Laboratories-listed emergency shutoff valve in a piping system in which regulated substances are conveyed under pressure to an aboveground dispensing unit; PENALTY: $70,870; STAFF ATTORNEY: Peipey Tang, Litigation Division, MC 175, (512) 239-0654; REGIONAL OFFICE: Tyler Regional Office, 2916 Teague Drive, Tyler, Texas 75701-3734, (903) 535-5100.
(15) COMPANY: Walker Building Corporation; DOCKET NUMBER: 2007-1636-PST-E; TCEQ ID NUMBER: RN101810992; LOCATION: 3733 Flory Street, Fort Worth, Tarrant County; TYPE OF FACILITY: construction yard; RULES VIOLATED: 30 TAC §334.47(a)(2), by failing to permanently remove from service, no later that 60 days after the prescribed upgrade implementation date, three USTs for which any applicable component of the system is not brought into timely compliance with the upgrade requirements; PENALTY: $7,875; STAFF ATTORNEY: Rudy Calderon, Litigation Division, MC 175, (512) 239-0265; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(16) COMPANY: Wayne T. Morgan; DOCKET NUMBER: 2008-0517-PST-E; TCEQ ID NUMBER: RN102021979; LOCATION: 402 Broadnax Street, Dangerfield, Morris County; TYPE OF FACILITY: inactive USTs; RULES VIOLATED: 30 TAC §334.47(a)(2), by failing to permanently remove from service, no later than 60 days after the prescribed upgrade implementation date, five USTs for which any applicable component of the system is not brought into timely compliance with the upgrade requirements; and 30 TAC §334.22(a) and TWC, §5.702, by failing to pay outstanding UST fees and associated late fees for TCEQ FA Account Number 0006065U for Fiscal Years 1988 - 2008; PENALTY: $13,125; STAFF ATTORNEY: Benjamin Thompson, Litigation Division, MC 175, (512) 239-1297; REGIONAL OFFICE: Tyler Regional Office, 2916 Teague Drive, Tyler, Texas 75701-3734, (903) 535-5100.
(17) COMPANY: Yong Baek O. dba 2 EZ Cleaners; DOCKET NUMBER: 2008-0177-DCL-E; TCEQ ID NUMBER: RN105010383; LOCATION: 35041 East Rancier Avenue, Killeen, Bell County; TYPE OF FACILITY: dry cleaner drop station; RULES VIOLATED: 30 TAC §337.11(e), THSC, §374.102, and TCEQ Agreed Order, Docket Number 2006-1463-DCL-E, Ordering Provisions 2.b, by failing to renew the facility's registration by completing and submitting the required registration form to the TCEQ for a dry cleaner and/or drop station facility; and 30 TAC §337.14(c) and TWC, §5.702, by failing to pay outstanding dry cleaner fees for TCEQ FA Account Number 23800478 for the Fiscal Years 2006 - 2007; PENALTY: $1,343; STAFF ATTORNEY: Rudy Calderon, Litigation Division, MC 175, (512) 239-0265; REGIONAL OFFICE: Waco Regional Office, 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.
(18) COMPANY: Yunusali Badarpura dba Super Corner; DOCKET NUMBER: 2008-1390-PST-E; TCEQ ID NUMBER: RN102264132; LOCATION: 5212 North Highway 146, Baytown, Chambers County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §115.246(1), (4), and (6), and THSC, §382.085(b), by failing to maintain Stage II records at the station 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 vapor space manifolding and dynamic back pressure at least once every 36 months or upon major system replacement or modification, whichever occurs first; 30 TAC §115.242(1)(C) and (3) and THSC, §382.085(b), by failing to upgrade the Stage II equipment to onboard refueling vapor recovery (ORVR) compatible systems and by failing to maintain the Stage II vapor recovery system in proper operating condition, as specified by the manufacturer and/or any applicable California Air Responses Board Executive Order, and free of defects that would impair the effectiveness of the system including, but not limited to, absence or disconnection of any component that is a part of the approved system; 30 TAC §334.10(b), by failing to maintain the required UST records and make them immediately available for inspection upon request by agency personnel; 30 TAC §334.49(c)(2)(C) and (4) and TWC, §26.3475(d), by failing to inspect the impressed current cathodic protection system at least once every 60 days to ensure that the rectifier and other system components are functioning as designed and by failing to have the cathodic protection system inspected and tested for operability and adequacy of protection at a frequency of at least once every three years; 30 TAC §334.50(b)(1)(A), (2), (A)(i)(III), (d)(1)(B)(ii) and (iii)(I) and TWC, §26.3475(a) and (c)(1), by failing to ensure that all USTs are monitored in a manner which will detect a release at a frequency of at least once every month (not to exceed 35 days between each monitoring), by failing to provide release detection for the piping associated with the USTs, by failing to test the line leak detectors at least once per year for performance and operational reliability, by failing to conduct reconciliation of detailed inventory control records at least once each month, sufficiently accurate to detect a release which equals or exceeds the sum of 1.0% of the total substance flow-through for the month plus 130 gallons, and by failing to record inventory volume measurement for regulated substance inputs, withdrawals, and the amount still remaining in the tank each operating day; 30 TAC §334.48(c), by failing to conduct effective manual or automatic inventory control procedures for all USTs involved in the retail sale of petroleum substances used as motor fuel; PENALTY: $17,893; STAFF ATTORNEY: Tommy Tucker Henson II, Litigation Division, MC 175, (512) 239-0946; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Street, Suite H, Houston, Texas 77023, (713) 767-3500.
TRD-200901164
Kathleen C. Decker
Director, Litigation Division
Texas Commission on Environmental Quality
Filed: March 24, 2009
The Texas Commission on Environmental Quality (commission) staff is providing an opportunity for written public comment on the listed Shutdown/Default Orders (S/DO). Texas Water Code (TWC), §26.3475 authorizes the commission to order the shutdown of any underground storage tank (UST) system found to be noncompliant with release detection, spill and overfill prevention, and/or, after December 22, 1998, cathodic protection regulations of the commission, until such time as the owner/operator brings the UST system into compliance with those regulations. The commission proposes a Shutdown Order after the owner or operator of a UST facility fails to perform required corrective actions within 30 days after receiving notice of the release detection, spill and overfill prevention, and/or, after December 22, 1998, cathodic protection violations documented at the facility. The commission proposes a Default Order when the staff has sent an executive director's preliminary report and petition (EDPRP) to an entity outlining the alleged violations; the proposed penalty; and the proposed technical requirements necessary to bring the entity back into compliance; and the entity fails to request a hearing on the matter within 20 days of its receipt of the EDPRP or requests a hearing and fails to participate at the hearing. In accordance with TWC, §7.075, this notice of the proposed order and the opportunity to comment is published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is May 4, 2009. 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.
Copy of the proposed S/DO is available for public inspection at both the commission's central office, located at 12100 Park 35 Circle, Building A, 3rd Floor, Austin, Texas 78753, (512) 239-3400 and at the applicable regional office listed as follows. Written comments about the S/DO shall be sent to the attorney designated for the S/DO at the commission's central office at P.O. Box 13087, MC 175, Austin, Texas 78711-3087 and must be received by 5:00 p.m. on May 4, 2009. 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: Dwight Price dba A1 Towing & Recovery; DOCKET NUMBER: 2008-0061-PST-E; TCEQ ID NUMBER: RN102060779; LOCATION: 1601 South Seventh Street, Corsicana, Navarro County; TYPE OF FACILITY: automotive shop; RULES VIOLATED: 30 TAC §334.7(d)(3), by failing to provide an amended registration for any change or additional information regarding underground storage tanks within 30 days from the date of the occurrence of the change or addition; and 30 TAC §334.49(c)(4)(C) and TWC, §26.3475(d), by failing to have the cathodic protection system inspected and tested for operability and adequacy of protection at a frequency of at least once every three years; PENALTY: $4,675; 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.
TRD-200901165
Kathleen C. Decker
Director, Litigation Division
Texas Commission on Environmental Quality
Filed: March 24, 2009
The following notices were issued during the period of March 12, 2009 through March 19, 2009.
The following require the applicants to publish notice in a newspaper. Public comments, requests for public meetings, or requests for a contested case hearing may be submitted to the Office of the Chief Clerk, Mail Code 105, P.O. Box 13087, Austin, Texas 78711-3087, WITHIN 30 DAYS OF THE DATE OF NEWSPAPER PUBLICATION OF THE NOTICE.
INFORMATION SECTION
THE DOW CHEMICAL COMPANY which operates Dow Chemical La Porte Site, a chemical manufacturing facility, with products including methylene diphenidiisocyanate, related polymers, thermoplastic resins, and thermosetting resins, has applied for a major amendment to TPDES Permit No. WQ0000663000 to authorize the replacement of Total Oxygen Demand (TOD) with Total Organic Carbon (TOC) effluent limitations at Outfalls 001, 002, and 003; a reduction in the permited flow from 1,150,000 gallons per day to 642,000 gallons per day at Outfall 001; and a reduction in the maximum permitted flow from 2,000,000 gallons per day to 750,000 gallons per day at Outfall 001. The existing permit authorizes the discharge of treated process wastewater, storm water, utility water, and domestic wastewater at a daily average flow not to exceed 1,150,000 gallons per day via Outfall 001; and storm water runoff on an intermittent and flow variable basis via Outfalls 002 and 003. The proposed permit will authorize the discharge of (interim phase) treated process wastewater, storm water, utility water, and domestic wastewater at a daily average flow not to exceed 1,150,000 gallons per day via Outfall 001; and storm water runoff on an intermittent and flow variable basis via Outfalls 002 and 003; (final phase) treated process wastewater, storm water, utility water, and domestic wastewater at a daily average flow not to exceed 642,000 gallons per day via Outfall 001; and storm water runoff on an intermittent and flow variable basis via Outfalls 002 and 003. The facility is located at 550 Battleground Road (State Highway 134) on the east side of State Highway 134, approximately one-half mile north of State Highway 225 in the City of La Porte, Harris County, Texas.
EXXON MOBIL CORPORATION which operates the Baytown Chemical Plant, a petrochemical manufacturing plant, has applied to the Texas Commission on Environmental Quality (TCEQ) for a major amendment to TPDES Permit No. WQ0001215000 to authorize removal of effluent limitations and monitoring requirements for the organic chemical compounds at Outfall 003; remove effluent limitations and monitoring requirements for Xylene at Outfall 003; reduce the monitoring frequency for pH at Outfall 003; use of herbicides in the drainage ditches located throughout the BTCP; addition of the following wastestreams via Outfall 003: fire water control system test and flush water, other diminimus losses from fire water control system (freeze protection, minor leaks awaiting repair), other diminimus losses from the decorative ponds, hydrostatic test water (new and clean equipment), potable water system flush water, irrigation water from the landscape sprinkler system, steam condensate and air conditioner condensate, other diminimus losses of potable water, and other diminimus losses of clarified water; and remove monitoring requirements for flow, total organic carbon, and oil and grease every six months at Outfall 003. The current permit authorizes the discharge of storm water (commingled with other wastewaters) at an intermittent and flow variable basis via Outfalls 001, 002, and 003. The facility is located at the intersection of Burleson Street and Wooster Cedar Bayou County Road in the City of Baytown, Harris County, Texas.
FREESCALE SEMICONDUCTOR INC which operates Freescale Semiconductor Ed Bluestein Site, has applied for a major amendment to TPDES Permit No. WQ0002876000 to authorize the addition of reclaimed reverse osmosis permeate (process wastewater) to the wastestream at Outfall 001; the replacement of effluent limitations for total dissolved solids with report requirements at Outfall 001. The proposed permit the discharge of reverse osmosis reject, filter backwash water and reclaimed reverse osmosis permeate (process wastewater) at a daily average flow not to exceed 520,000 gallons per day via Outfall 001. The current permit authorizes the discharge of reverse osmosis reject and filter backwash water at a daily average flow not to exceed 520,000 gallons per day via Outfall 001. The facility is located at 3501 Ed Bluestein Boulevard, approximately 1.5 miles south of the intersection of U.S. Route 183 and State Highway 969 (Martin Luther King Jr. Boulevard) in the City of Austin, Travis County, Texas.
WASTE CONTROL SPECIALISTS LLC which proposes to operate the Byproduct Material Disposal Facility (BMDF), a facility that will receive, pretreat, and dispose of byproduct material, a type of radioactive waste as defined in §401.003(3)(B) of the Texas Health and Safety Code, via a landfill operated under the authority of Radioactive Material License No. R05807, has applied for a new permit, proposed Texas Pollutant Discharge Elimination System (TPDES) Permit No. WQ0004857000, to authorize the discharge of previously monitored effluents (PMEs; from internal Outfalls 102 and 103), non-contact industrial storm water, and storm water associated with construction activities at the proposed BMDF at a daily average dry weather flow not to exceed 440,000 gallons per day via Outfall 005; landfill wastewaters (i.e., landfill leachate, gas collection condensate, drained free liquids, laboratory derived wastewater, contact industrial storm water, washwater [from washing the surfaces of trucks, containers, and other items that have come in direct contact with wastes at the BMDF and that have not been adequately decontaminated], and personnel decontamination water) at the proposed BMDF at a daily average flow not to exceed 440,000 gallons per day via internal Outfall 102; landfill wastewaters only from the Byproduct Material Disposal Unit at the proposed BMDF at a daily average flow not to exceed 440,000 gallons per day via internal Outfall 103; and non-contact industrial storm water and storm water associated with construction activities at the proposed BMDF on an intermittent and flow variable basis via Outfall 004. The facility is located at 9998 State Highway 176 West, approximately 1.25 miles north of the intersection of State Highway 176 with the Texas and New Mexico state line, Andrews County, Texas.
CITY OF BRYSON has applied for a renewal of Permit No. WQ0010135001, which authorizes the disposal of treated domestic wastewater at a daily average flow not to exceed 60,000 gallons per day via surface irrigation of 80 acres of agricultural non-public access land seeded with bermuda grass and wheat crops. This permit will not authorize a discharge of pollutants into waters in the State. The wastewater treatment facilities and disposal sites are: The Imhoff tank and sludge drying beds are located on the east side of a gravel road known as Lovers Lane, 0.5 mile south of the intersection with U.S. Highway 380 in Jack County, Texas; the stabilization ponds and irrigation site are located approximately 0.5 mile south-southeast of the intersection of U.S. Highway 380 and Farm-to-Market Road 1191 in Jack County, Texas.
CITY OF HILLCREST VILLAGE has applied for a renewal of TPDES Permit No. WQ0010420001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 150,000 gallons per day. The facility is located on the west bank of Mustang Bayou, approximately 0.5 mile west of the intersection of County Road 326 and County Road 155 in Brazoria County, Texas.
CITY OF PLEASANTON has applied for a renewal of TPDES Permit No. WQ0010598001, which authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 1,420,000 gallons per day. The current permit also authorizes the disposal of treated domestic wastewater via irrigation of 4.0 acres of lawn at the plant site. The facility is located approximately 0.4 mile southeast of the intersection of U.S. Highway 281 and the Missouri Pacific Railroad and 0.5 mile east of the intersection of State Highway 97 and U.S. Highway 281 in the City of Pleasanton in Atascosa County, Texas.
CITY OF HOLLAND has applied for a renewal of TPDES Permit No. WQ0010897001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 200,000 gallons per day. The facility is located approximately 0.5 mile east of the intersection of Travis Street and U.S. Highway 95 in Bell County, Texas
CITY OF SPRINGLAKE has applied for a renewal of Permit No. WQ0011016001, which authorizes the disposal of treated domestic wastewater at a daily average flow not to exceed 22,000 gallons per day via surface irrigation of 125 acres of non-public access agricultural land. This permit will not authorize a discharge of pollutants into waters in the State. The wastewater treatment facility and disposal site are located approximately 1,000 feet south of U.S. Highway 70 and approximately 0.5 miles west of the City of Springlake in Lamb County, Texas. The wastewater treatment facility and disposal site are located in the drainage area of White River Lake in Segment No. 1240 of the Brazos River Basin. No discharge of pollutants into water in the State is authorized by this permit.
HORSEPEN BAYOU MUNICIPAL UTILITY DISTRICT has applied for a renewal of TPDES Permit No. WQ0012128001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 950,000 gallons per day. The facility is located at 5735 Bryant Pond Drive, approximately 1 3/4 miles south of Farm-to-Market Road 529 (Spencer Road) and 1/2 mile west of Addicks-Fairbanks Road in Harris County, Texas.
FORT BEND COUNTY MUNICIPAL UTILITY DISTRICT NO. 81 has applied for a renewal of TPDES Permit No. WQ0013051002, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 325,000 gallons per day. The facility is located approximately 1.75 miles south and 0.6 mile east of the intersection of Farm-to-Market Road 1093 and Weston Drive, approximately 3 miles southwest of the City of Fulshear in Ford Bend County, Texas.
MHC TT INC has applied for a renewal of TPDES Permit No. WQ0013075001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 20,000 gallons per day. The facility is located approximately 1.5 miles south of the intersection of Farm-to-Market Road 2604 and Farm-to-Market Road 933 in Hill County, Texas.
STERLING CHEMICALS INC which operates a chemical manufacturing facility producing organic and inorganic chemicals, has applied for a major amendment to TPDES Permit No. WQ0000575000 to authorize the discharge of process wastewater (including first-flush storm water and recovered groundwater), utility wastewater, storm water, and sanitary wastewater via internal Outfall 102; replace current effluent limitations and monitoring requirements at Outfall 002 with tiered permit conditions to authorize the discharge of previously monitored effluent from internal Outfall 102, storm water runoff, and hydrostatic test water via Outfall 002 Interim Phase, and previously monitored effluent from internal Outfall 102, once-through bay water for non-contact cooling, screen wash water, storm water runoff, steam condensate, boiler blowdown, and hydrostatic test water via Outfall 002 Final Phase; replace current effluent limitations and monitoring requirements at Outfall 003 with tiered permit conditions to authorize the discharge of storm water runoff, and hydrostatic test water via Outfall 003 Interim Phase, and once-through bay water for non-contact cooling, screen wash water, storm water runoff, steam condensate, boiler blowdown, and hydrostatic test water via Outfall 003 Final Phase; authorize the discharge of hydrostatic test water via Outfalls 003 and 004; reduce the monitoring frequencies for total organic carbon, oil and grease, total copper, and cyanide at Outfall 004 to once per week; and remove authorization for the discharge of non-routine cooling tower blowdown, boiler blowdown, demineralizer and ion exchanger rinse water from Outfall 004. The current permit authorizes the discharge of once-through bay water for non-contact cooling, screen wash water, storm water runoff, steam condensate, and boiler blowdown at a daily average flow not to exceed 72,000,000 gallons per day via Outfall 002; once-through bay water for non-contact cooling, screen wash water, storm water runoff, steam condensate, and boiler blowdown at a daily average flow not to exceed 30,500,000 gallons per day via Outfall 003; and storm water runoff, non-routine cooling tower blowdown, boiler blowdown, demineralizer and ion exchanger rinse water on an intermittent and flow variable basis via Outfall 004. The proposed permit authorizes a discharge of previously monitored effluent [process wastewater (including first-flush storm water and recovered groundwater), utility wastewater, storm water, and sanitary wastewater] from internal Outfall 102, storm water runoff, and hydrostatic test water on a flow variable basis via Outfall 002 (Interim); previously monitored effluent [process wastewater (including first-flush storm water and recovered groundwater), utility wastewater, storm water, and sanitary wastewater] from internal Outfall 102, once-through bay water for non-contact cooling, screen wash water, storm water runoff, steam condensate, boiler blowdown, and hydrostatic test water at a daily average flow not to exceed 72,000,000 gallons per day via Outfall 002 (Final); process wastewater (including first-flush storm water and recovered groundwater), utility wastewater, storm water, and sanitary wastewater at a daily average flow not to exceed 3,240,000 gallons per day via internal Outfall 102; storm water runoff and hydrostatic test water on a flow variable basis via Outfall 003 (Interim); once-through bay water for non-contact cooling, screen wash water, storm water runoff, steam condensate, boiler blowdown, and hydrostatic test water at a daily average flow not to exceed 30,500,000 gallons per day via Outfall 003 (Final); and storm water runoff and hydrostatic test water on an intermittent and flow variable basis via Outfall 004. The facility is located at the south end of Bay Street, on the west shore of Galveston Bay, with eastern plant border adjacent to Loop 197, in the City of Texas City, Galveston County, Texas. The TCEQ Executive Director has reviewed this action for consistency with the Texas Coastal Management Program goals and policies in accordance with the regulations of the Coastal Coordination Council, and has determined that the action is consistent with the applicable CMP goals and policies.
SYNAGRO OF TEXAS CDR INC has applied for a renewal of Permit No. WQ0004504000, which authorizes the land application of sewage sludge for beneficial use. The current permit authorizes land application of sewage sludge for beneficial use on 475.7 acres. This permit will not authorize a discharge of pollutants into waters in the State. The land application site is located 7 miles north of north of Paynor, on Farm-to-Market Road 315 at the Bill Miller Tree Farm in Henderson County, Texas.
CITY OF MOULTON has applied for a renewal of TPDES Permit No. WQ0010227001 which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 242,000 gallons per day. The facility is located at 106 East First Street approximately three blocks south of the intersection of East First Street and Moore Avenue in the City of Moulton in Lavaca County, Texas.
CARTER CC LTD has applied for a new permit, proposed Texas Pollutant Discharge Elimination System (TPDES) Permit No. WQ0014928001, to authorize the discharge of treated domestic wastewater at a daily average flow not to exceed 250,000 gallons per day. The facility will be located 550 feet south of Farm-to-Market Road 563 approximately 1.8 miles southeast from the intersection of Farm-to-Market Road 563 and Interstate Highway 10 in Chambers County, Texas. The TCEQ Executive Director has reviewed this action for consistency with the Texas Coastal Management Program goals and policies in accordance with the regulations of the Coastal Coordination Council, and has determined that the action is consistent with the applicable CMP goals and policies.
If you need more information about these permit applications or the permitting process, please call the TCEQ Office of Public Assistance, Toll Free, at 1-800-687-4040. General information about the TCEQ can be found at our web site at www.tceq.state.tx.us. Si desea información en Español, puede llamar al 1-800-687-4040.
TRD-200901180
LaDonna Castañuela
Chief Clerk
Texas Commission on Environmental Quality
Filed: March 25, 2009
The State of Texas hereby gives notice of the proposed resolution of the remaining environmental claims of the Texas Commission on Environmental Quality (TCEQ) in the ASARCO LLC bankruptcy case, including TCEQ's claims related to the remediation of ASARCO's smelter site in El Paso, Texas and maintenance of the zinc smelter site in Amarillo, Texas. The Attorney General will consider any written comments and may withdraw or withhold consent to the proposed settlement 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: In re ASARCO LLC, et al., Chapter 11 Case Number 05-21207, United States Bankruptcy Court for the Southern District of Texas, Corpus Christi Division
Nature of Claims: TCEQ's proofs of claim in the bankruptcy case set forth claims and causes of action under environmental laws and pursuant to ASARCO's status as the present owner of certain properties in Texas.
Proposed Settlement: The proposed settlement (entitled "Consent Decree and Settlement Agreement Establishing a Custodial Trust for the Owned Smelter Site in El Paso, Texas and the Owned Zinc Smelter Site in Amarillo, Texas") resolves all pending claims by TCEQ against ASARCO and contains the following significant provisions. ASARCO's El Paso smelter facility consisting of approximately 450 acres will be placed into an environmental custodial trust which will carry out administrative and property management functions related to the property as well as conduct, manage and/or fund implementation of environmental actions with respect to the property. The custodial trust will be funded by a payment of fifty-two million dollars ($52,000,000). The TCEQ and EPA will oversee management of the trust. An additional sum of $80,000 (for total payments of $52,080,000) will be utilized to maintain a cap on an approximately 100-acre parcel of land in Amarillo previously utilized by ASARCO as a zinc smelter. Additional details concerning the custodial trust, the consent decree, and the motion to compromise and settle these claims with ASARCO can be found in the settlement documents, which may be viewed at http://www.tceq.state.tx.us/remediation/sites/asarco.html or obtained as further provided.
The Office of the Attorney General will accept, on behalf of TCEQ, written comments relating to this proposed settlement for 30 days from the date of the publication of this notice. Copies of the proposed settlement may be examined at the Office of the Attorney General, 300 W. 15th Street, 8th Floor, Austin, Texas. A copy of the proposed settlement may also be obtained in person or by mail at the above address for the cost of copying. Requests for copies of the settlement and written comments on the proposed settlement should be directed to Hal Morris and Ashley Bartram, Assistant Attorneys General, Bankruptcy and Collections Division, Office of the Texas Attorney General, P.O. Box 12548, Austin, Texas 78711-2548, (512) 463-2173, facsimile (512) 482-8341.
TRD-200901178
Kevin McCalla
Director, General Law Division
Texas Commission on Environmental Quality
Filed: March 25, 2009
Title IV-B Child and Family Services Plan
The Texas Department of Family and Protective Services (DFPS), as the designated agency to administer Title IV-B programs in the state of Texas, is developing the annual update of the Title IV-B Child and Family Services Plan (CFSP) for Texas and developing a new CFSP to report on years 2010-2014. Under guidelines issued by the U.S. Department of Health and Human Services, Administration for Children and Families, DFPS is required to review the progress made in the previous year toward accomplishing the goals and objectives identified in the state's five-year CFSP for the period from October 1, 2004, through September 30, 2009, as well as develop a new CFSP to report on years 2010-2014.
The CFSP Annual Progress and Services Report (APSR) is required for the state to receive its federal allocation for fiscal year 2009 authorized under Title IV-B of the Social Security Act, Subparts 1 and 2, and the Child Abuse Prevention and Treatment Act (CAPTA). The APSR also gives states an opportunity to apply for fiscal year 2009 funds for the Chafee Foster Care Independence Program. The annual report referenced above must be submitted by June 30, 2009.
The purpose of this notice is to solicit input in the development of the APSR, as well as the CFSP. This input will enable the agency to consider and include any changes in our state plan in order to best meet the needs of the children and families the agency serves. Members of the public can obtain more detailed information regarding the CFSP from the DFPS web site at: http://www.dfps.state.tx.us. The web site includes a copy of last year's APSR and a copy of the 2004-2009 CFSP. To find after you go to the web site, click "About DFPS," click "Reports, Plans, Statistics, and Presentations," and click "Title IV-B State Plan."
Written comments regarding the annual update or the five-year plan may be faxed or mailed to: Texas Department of Family and Protective Services, Attention: Max Villarreal; P.O. Box 149030, MC Y-934; Austin, Texas 78714-9030; telephone (512) 919-7868; fax (512) 339-5927. The comments must be received no later than May 4, 2009.
TRD-200901160
Gerry Williams
General Counsel
Department of Family and Protective Services
Filed: March 24, 2009
Notice of Award of a Major Consulting Contract
Pursuant to Chapter 2254, Subchapter B, Texas Government Code, the Health and Human Services Commission (HHSC) announces the award of contract 529-08-0187-00001 to Altarum Institute, an entity with a principal place of business at 3520 Green Court, Suite 300, Ann Arbor, Michigan 48105. The contractor will provide Court-Ordered ("No Care") study (incompliance with Frew, et al. v. Hawkins, et al.) to determine whether there are barriers (and, if so, recommend strategies) that cause Class Members to receive no care or receive only emergency department or inpatient hospital care.
The total value of the contract with Altarum Institute is $562,698.50. The contract was executed on March 18, 2009 and will expire (in thirteen months) on April 18, 2010, unless extended or terminated sooner by the parties. Altraum Institute will produce numerous documents and reports during the term of the contract, with the final reporting due by (367 days after start) or on or about March 20, 2010.
TRD-200901154
Steve Aragón
Chief Counsel
Texas Health and Human Services Commission
Filed: March 23, 2009
The Texas Health and Human Services Commission (HHSC) announces its intent to terminate the Integrated Care Management (ICM) Program 1915(b) waiver. The termination date is May 31, 2009.
On February 1, 2008, the ICM program began serving people living in the Dallas and Tarrant Medicaid service areas who are 65 or older or who have a disability. HHSC and Evercare of Texas, L.L.C (Evercare) have agreed to end the contract for ICM service management.
Former ICM members will be served by programs that were in place prior to the ICM program's implementation. Effective June 1, 2009, ICM members will be served in either traditional Medicaid or State of Texas Access Reform (STAR), depending on their eligibility.
After termination of the ICM program, clients will continue to receive at least the same level of Medicaid benefits that they had in ICM. Medicaid-only ICM clients will continue to receive unlimited medically necessary prescription drugs from Medicaid. ICM Clients enrolled in Medicare will continue to receive covered acute care services and prescription drugs from Medicare without any change in benefits.
Clients who received Primary Home Care (PHC) services or Day Activity and Health Services (DAHS) in ICM will continue to receive these services. The Department of Aging and Disability Services will provide case management services for the PHC and DAHS programs.
To obtain copies of the proposed waiver amendments, interested parties may contact Christine Longoria by mail at the Texas Health and Human Services Commission, P.O. Box 85200, mail code H-620, Austin, Texas 78708-5200; by telephone at (512) 491-1152; by fax at (512) 491-1953; or by e-mail at Christine.Longoria@hhsc.state.tx.us.
TRD-200901188
Steve Aragón
Chief Counsel
Texas Health and Human Services Commission
Filed: March 25, 2009
The Texas Health and Human Services Commission (HHSC) intends to submit to the Centers for Medicare and Medicaid Services an amendment to the two Integrated Care Management (ICM) Program 1915(c) waivers, which are Medicaid Home and Community-Based Services waiver programs under the authority of 1915(c) of the Social Security Act. The waiver programs are currently approved for the three year period beginning February 1, 2008, and ending January 31, 2011. The proposed effective date for the amendments is June 1, 2009.
The ICM 1915(c) waiver program provides home and community-based services to Medicaid clients in the Dallas and Tarrant Service areas. These two service areas include the counties of Collin, Dallas, Denton, Ellis, Hood, Hunt, Kaufman, Johnson, Navarro, Parker, Rockwall, Tarrant and Wise.
This amendment transfers the case management and coordination of long term care service delivered by Evercare of Texas, L.L.C. for the two ICM 1915(c) waiver programs to the Department of Aging and Disability Services (DADS).
HHSC is requesting that the waiver amendment be approved for the period beginning June 1, 2009, through January 31, 2011. This amendment maintains cost neutrality for waiver years 2009 through 2011.
HHSC has posted a separate notice in this issue of the Texas Register regarding its intent to terminate the ICM 1915(b) waiver. Please note that effective June 1, 2009, ICM members will receive acute care services through traditional Medicaid or the State of Texas Access Reform (STAR) 1915(b) waiver program, depending on their eligibility.
To obtain copies of the proposed waiver amendments, interested parties may contact Christine Longoria by mail at Texas Health and Human Services Commission, P.O. Box 85200, mail code H-620, Austin, Texas 78708-5200; by telephone at (512) 491-1152; by fax at (512) 491-1953; or by e-mail at Christine.Longoria@hhsc.state.tx.us.
TRD-200901189
Steve Aragón
Chief Counsel
Texas Health and Human Services Commission
Filed: March 25, 2009
The Texas Health and Human Services Commission (HHSC) intends to submit to the Centers for Medicare and Medicaid Services an amendment to the State of Texas Access Reform (STAR) program, which is a Medicaid waiver program under the authority of Title XIX, Section 1915(b) of the Social Security Act. The STAR program is currently approved for the two year period beginning July 1, 2008, and ending June 31, 2010. The proposed effective date for the amendment is June 1, 2009.
The current STAR program is a Medicaid managed care consolidated waiver serving non-disabled children, low-income families, and pregnant women. SSI and SSI-related adults and children, who do not receive Medicare, may choose to participate in the program in service areas without STAR+PLUS.
Texas' ICM 1915(b) waiver program currently operates in the Dallas and Tarrant service areas. These two service areas include the counties of Collin, Dallas, Denton, Ellis, Hood, Hunt, Kaufman, Johnson, Navarro, Parker, Rockwall, Tarrant and Wise. HHSC intends to terminate the ICM 1915(b) waiver on May 31, 2009, and transfer ICM members who meet eligibility requirements to the STAR program effective June 1, 2009.
The proposed amendment to the STAR waiver will allow ICM and other 1915(c) waiver participants access to STAR 1915(b) waiver services, provided they reside in service areas where STAR+PLUS is not available.
HHSC will amend the cost effectiveness description in the STAR waiver to reflect the members to be served by the STAR program effective June 1, 2009. HHSC must demonstrate to the Centers for Medicare and Medicaid Services that the STAR waiver's cost projections will remain reasonable and consistent with statutes, regulations and guidance.
The proposed amendment maintains cost effectiveness for waiver years 2009 through 2013, and has no negative impact to ICM or STAR members or ICM or STAR services.
To obtain copies of the proposed waiver amendment, interested parties may contact Christine Longoria by mail at Texas Health and Human Services Commission, P.O. Box 85200, Mail Code H-620, Austin, Texas 78708-5200, telephone (512) 491-1152, fax (512) 491-1953, or by e-mail at Christine.Longoria@hhsc.state.tx.us.
TRD-200901192
Steve Aragón
Chief Counsel
Texas Health and Human Services Commission
Filed: March 25, 2009
Licensing Actions for Radioactive Materials
TRD-200901134
Lisa Hernandez
General Counsel
Department of State Health Services
Filed: March 18, 2009
Housing Construction Training and Technical Assistance Provider
I. PURPOSE OF THE REQUEST.
The Texas Department of Housing and Community Affairs ("the Department" or "TDHCA") hereby requests qualifications from companies or organizations that wish to provide housing construction management, mentoring, and training. TDHCA intends to select respondents that would serve in the capacity of a training and technical assistance provider to nonprofit organizations for the purpose of capacity building. If qualified as a mentor, the Department will make your organization available as an approved provider of training, mentoring, and technical assistance in future Capacity Building NOFAs.
Respondents that are interested in being considered by the Department for approval to serve as a technical assistance provider should submit their qualifications to the Department. Respondents may be approved for a period of two (2) years, after which they must re-submit their qualifications for subsequent approval by the Department. Respondents must then resubmit their qualifications if they desire to be considered for further approval.
Respondents interested in submitting their qualifications for consideration should contact Raul Gonzales, Office of Colonia Intiatives at (512) 475-1473 or raul.gonzales@tdcha.state.tx.us and/or visit our website at www.tdhca.state.tx.us for a complete copy of the Request for Qualifications (RFQ).
II. NATURE OF SERVICES REQUESTED.
Identify qualifications to provide technical and management assistance and training in the following areas:
1. Income Eligibility and Verification;
2. Application Intake, Affirmative Marketing and Fair Housing;
3. Construction standards, inspections, scheduling, and project management and oversight;
4. Obtaining all required permits and approvals, including final Certificate of Occupancy;
5. Financial management and oversight;
6. Procurement, Conflict of Interest and other applicable regulations;
7. Mortgage loan origination and loan closing;
8. Recordkeeping and Compliance; and
9. Other activities that are necessary for the successful execution of an affordable housing development program as may be suggested by the respondent and accepted by the Department.
III. RESPONSE TIME FRAME AND OTHER INFORMATION.
Response due date: April 30, 2009, 5:00 p.m.
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 Respondent in a contract. Submissions received after 5:00 p.m. (CST) on the due date will not be considered.
Two (2) 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: Raul Gonzales, Office of Colonia Initiatives
221 East 11th Street
P.O. Box 13941
Austin, TX 78711-3941
(512) 475-1473
It is the express policy of the Department that parties responding to this RFQ refrain from initiating any direct contact or communication with members of the Board of Directors with regard to this RFQ during the selection process. Any violation of this policy will be considered a basis for disqualification.
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. Any written waiver exercised under this section will in no way modify any provision of this RFQ.
IV. RESPONSE FORMAT.
1. Each item in Section V. of this RFQ must be addressed.
2. Identify the item to be addressed in the introduction to each response.
3. Please limit your response of relevant material and qualifications to 10 pages in length; additional information may be submitted in the form of an attachment or appendix.
V. PROPOSAL CONTENT.
1. General Information.
Provide information regarding the applicant including, but not limited to:
a) Number of offices located in Texas;
b) Location of office(s) and brief description of support staff;
c) Number of representatives located in Texas;
d) List of housing clients currently served by or proposed to be served; and
e) Areas of Texas willing to serve.
2. Company.
Provide information regarding the experience of the Respondent including, but not limited to:
a) Number of relevant trainings provided for residential properties; attach a descriptive list of training or technical assistance provided in the last five (5) years;
b) Description of experience with residential construction, including any experience with self-help housing construction, Texas Bootstrap Program, the Housing Trust Fund, HOME, green building standards, or compliance and application processing;
c) Description of familiarity with federal and/or state housing programs; and
d) Any other unique qualifications.
3. Personnel.
Provide information about the professional services, staff members, consultants and partners who will be participating in the project including, but not limited to:
a) Names, office location and brief resumes, including licensing and certifications;
b) List of housing clients served by or proposed to be served by the personnel assigned to this program;
c) State whether has there been any litigation or governmental or regulatory action pending or threatened against your company in the past three (3) years that may have a bearing on your firm's ability to provide the services described in this RFQ; and
d) State any conflicts of interest your firm, any sub-consultants or any key individual may have with this project, Board Members or management of TDHCA.
4. Resources.
Provide description of the Respondent's strategy to provide technical assistance and training. Identify resources to be dedicated to assigned organizations and time commitments.
5. Proposed Training Costs.
Provide proposed itemized costs for each technical and management assistance activity or training being proposed.
6. References.
Please provide three (3) references of individuals/companies that have been the recipient of your firm's services, including contact information.
7. Sample Training Curriculum.
Provide detailed descriptions and samples of the following:
a) Training curriculum for topics listed in Section II of this RFQ;
b) Scope of mentoring services your organization will provide, including length, timelines and specific personnel assigned to each training topic;
c) Organizational assessment tool that will be used to track capacity building needs, goals, timelines and progress;
d) Construction progress reporting tools; and
e) Any additional training or technical assistance that will be provided.
Items for this section should be included as an attachment or appendix and will not be considered part of the page limitation of proposals. Items that are confidential or proprietary should be marked as such. Otherwise, submissions may be considered open record without referral to the Attorney General.
8. Financial Condition.
Provide a copy of the Respondent's most recent audited financial statement, along with a brief description of your firm's ownership. This item should be included as an attachment or appendix and will not be considered part of the page limitation of proposals. Under Texas Government Code Section 2306.039, financial statements are not released to the public under the Texas Public Information Act.
9. Documentation of Good Standing.
Provide documentation evidencing the following:
a) Documentation that the firm is authorized to do business in Texas;
b) Certificate of Good Standing from the State of Texas; and
c) Current organizational chart and resumes reflecting all members of the Respondent who may author materials or provide training.
VI. DEPARTMENTAL INFORMATION.
Additional information regarding this RFQ may be obtained from Raul Gonzales. All requests must be in writing and sent to Raul Gonzales, Office of Colonia Intiatives, (512) 475-1473. raul.gonzales@tdcha.state.tx.us. All questions and responses will be made available to all applicants and will be subject to disclosure under the Open Records Act.
VII. 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 Texas 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.
VIII. COSTS INCURRED IN RESPONDING.
All costs directly or indirectly related to the preparation of a response to this RFQ shall be the sole responsibility of and shall be borne by the Company.
TRD-200901167
Michael Gerber
Executive Director
Texas Department of Housing and Community Affairs
Filed: March 24, 2009
Third Party Administrator Application
The following third party administrator application has been filed with the Texas Department of Insurance and is under consideration.
Application of U.S. IMAGING NETWORK, LLC (using the assumed name IMAGING NETWORK ADMINISTRATORS, LLC), a foreign third party administrator. The home office is WILMINGTON, DELAWARE.
Any objections must be filed within 20 days after this notice is published in the Texas Register, addressed to the attention of David Moskowitz, MC 305-2E, 333 Guadalupe, Austin, Texas 78701.
TRD-200901187
Gene C. Jarmon
Chief Clerk and General Counsel
Texas Department of Insurance
Filed: March 25, 2009
Instant Game Number 1164 "Monthly Bonus"
1.0 Name and Style of Game.
A. The name of Instant Game No. 1164 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. 1164 shall be $5.00 per ticket.
1.2 Definitions in Instant Game No. 1164.
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: GAME NO. 1164 - 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 (1164), 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: 1164-0000001-001.
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 ticket 001 and front of 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. 1164 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, 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.
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. 1164. 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. 1164 without advance notice, at which point no further tickets in that game may be sold. The determination of the closing date and reasons for closing the game will be made in accordance with the instant game closing procedures and the Instant Game Rules, 16 TAC §401.302(j).
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. 1164, 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-200901147
Kimberly L. Kiplin
General Counsel
Texas Lottery Commission
Filed: March 23, 2009
1.0 Name and Style of Game.
A. The name of Instant Game No. 1191 is "SPARKLING 7'S". The play style is "key number with multiplier".
1.1 Price of Instant Ticket.
A. Tickets for Instant Game No. 1191 shall be $7.00 per ticket.
1.2 Definitions in Instant Game No. 1191.
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, 8, 9, 10, 11, 12, 13, 14, 15, 16, 18, 19, 20, 21, 22, 23, 24, 25, 26, 28, 29, 30, 31, 32, 33, 34, 35, 36, 38, 39, 40, 7 SYMBOL, $7.00, $10.00, $15.00, $20.00, $40.00, $50.00, $100, $500, $2,000 and $75,000. The possible red play symbols are: 1, 2, 3, 4, 5, 6, 8, 9, 10, 11, 12, 13, 14, 15, 16, 18, 19, 20, 21, 22, 23, 24, 25, 26, 28, 29, 30, 31, 32, 33, 34, 35, 36, 38, 39, 40 and 7 SYMBOL.
D. Play Symbol Caption - The printed material appearing below each Play Symbol which explains the Play Symbol. One caption appears under each Play Symbol and is printed in caption font in black ink in positive. The Play Symbol Caption which corresponds with and verifies each Play Symbol is as follows:
Figure 1: GAME NO. 1191 - 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 $7.00, $10.00, $15.00 or $20.00.
G. Mid-Tier Prize - A prize of $50.00, $100 or $500.
H. High-Tier Prize - A prize of $2,000 or $75,000.
I. Bar Code - A 24 (twenty-four) character interleaved two (2) of five (5) bar code which will include a four (4) digit game ID, the seven (7) digit pack number, the three (3) digit ticket number and the ten (10) digit Validation Number. The bar code appears on the back of the ticket.
J. Pack-Ticket Number - A 14 (fourteen) digit number consisting of the four (4) digit game number (1191), 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: 1191-0000001-001.
K. Pack - A pack of "SPARKLING 7'S" 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 ticket 001 and front of 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 "SPARKLING 7'S" Instant Game No. 1191 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 "SPARKLING 7'S" Instant Game is determined once the latex on the ticket is scratched off to expose 40 (forty) Play Symbols. If a player reveals a BLACK "7" play symbol, the player wins the PRIZE shown instantly. If a player reveals a RED "7" play symbol, the player wins 7 TIMES the PRIZE shown. 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 40 (forty) 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 40 (forty) 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 40 (forty) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures;
17. Each of the 40 (forty) 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. The "RED 7" (win x 7) play symbol will only appear as dictated by the prize structure.
C. The "BLACK 7" (auto win) play symbol will only appear as dictated by the prize structure.
D. There will be a minimum of 4 and a maximum of 12 red play symbols on every ticket unless otherwise restricted by the prize structure.
E. No more than four (4) matching non-winning prize symbols will appear on a ticket.
F. No duplicate non-winning play symbols on a ticket regardless of color.
G. Non-winning prize symbols will never be the same as the winning prize symbol(s).
H. No prize amount in a non-winning spot will correspond with the play symbol (i.e. 20 and $20).
I. The top prize symbol will appear on every ticket unless otherwise restricted.
2.3 Procedure for Claiming Prizes.
A. To claim a "SPARKLING 7'S" Instant Game prize of $7.00, $10.00, $15.00, $20.00, $50.00, $100 or $500, a claimant shall sign the back of the ticket in the space designated on the ticket and present the winning ticket to any Texas Lottery Retailer. The Texas Lottery Retailer shall verify the claim and, if valid, and upon presentation of proper identification, if appropriate, make payment of the amount due the claimant and physically void the ticket; provided that the Texas Lottery Retailer may, but is not required, to pay a $50.00, $100 or $500 ticket. In the event the Texas Lottery Retailer cannot verify the claim, the Texas Lottery Retailer shall provide the claimant with a claim form and instruct the claimant on how to file a claim with the Texas Lottery. If the claim is validated by the Texas Lottery, a check shall be forwarded to the claimant in the amount due. In the event the claim is not validated, the claim shall be denied and the claimant shall be notified promptly. A claimant may also claim any of the above prizes under the procedure described in Section 2.3.B and Section 2.3.C of these Game Procedures.
B. To claim a "SPARKLING 7'S" Instant Game prize of $2,000 or $75,000, 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 "SPARKLING 7'S" Instant Game prize, the claimant must sign the winning ticket, thoroughly complete a claim form, and mail both to: Texas Lottery Commission, Post Office Box 16600, Austin, Texas 78761-6600. The risk of sending a ticket remains with the claimant. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.
D. Prior to payment by the Texas Lottery of any prize, the Texas Lottery shall deduct a sufficient amount from the winnings of a person who has been finally determined to be:
1. delinquent in the payment of a tax or other money collected by the Comptroller, the Texas Workforce Commission, or Texas Alcoholic Beverage Commission;
2. delinquent in making child support payments administered or collected by the Attorney General;
3. delinquent in reimbursing the Texas Health and Human Services Commission for a benefit granted in error under the food stamp program or the program of financial assistance under Chapter 31, Human Resources Code;
4. in default on a loan made under Chapter 52, Education Code; or
5. in default on a loan guaranteed under Chapter 57, Education Code.
E. If a person is indebted or owes delinquent taxes to the State, other than those specified in the preceding paragraph, the winnings of a person shall be withheld until the debt or taxes are paid.
2.4 Allowance for Delay of Payment. The Texas Lottery may delay payment of the prize pending a final determination by the Executive Director, under any of the following circumstances:
A. if a dispute occurs, or it appears likely that a dispute may occur, regarding the prize;
B. if there is any question regarding the identity of the claimant;
C. if there is any question regarding the validity of the ticket presented for payment; or
D. if the claim is subject to any deduction from the payment otherwise due, as described in Section 2.3.D of these Game Procedures. No liability for interest for any delay shall accrue to the benefit of the claimant pending payment of the claim.
2.5 Payment of Prizes to Persons Under 18. If a person under the age of 18 years is entitled to a cash prize of less than $600 from the "SPARKLING 7'S" Instant Game, the Texas Lottery shall deliver to an adult member of the minor's family or the minor's guardian a check or warrant in the amount of the prize payable to the order of the minor.
2.6 If a person under the age of 18 years is entitled to a cash prize of more than $600 from the "SPARKLING 7'S" Instant Game, the Texas Lottery shall deposit the amount of the prize in a custodial bank account, with an adult member of the minor's family or the minor's guardian serving as custodian for the minor.
2.7 Instant Ticket Claim Period. All Instant Game prizes must be claimed within 180 days following the end of the Instant Game or within the applicable time period for certain eligible military personnel as set forth in Texas Government Code §466.408. Any prize not claimed within that period, and in the manner specified in these Game Procedures and on the back of each ticket, shall be forfeited.
2.8 Disclaimer. The number of prizes in a game is approximate based on the number of tickets ordered. The number of actual prizes available in a game may vary based on number of tickets manufactured, testing, distribution, sales and number of prizes claimed. An Instant Game ticket may continue to be sold even when all the top prizes have been claimed.
3.0 Instant Ticket Ownership.
A. Until such time as a signature is placed upon the back portion of an Instant Game ticket in the space designated, a ticket shall be owned by the physical possessor of said ticket. When a signature is placed on the back of the ticket in the space designated, the player whose signature appears in that area shall be the owner of the ticket and shall be entitled to any prize attributable thereto. Notwithstanding any name or names submitted on a claim form, the Executive Director shall make payment to the player whose signature appears on the back of the ticket in the space designated. If more than one name appears on the back of the ticket, the Executive Director will require that one of those players whose name appears thereon be designated by such players to receive payment.
B. The Texas Lottery shall not be responsible for lost or stolen Instant Game tickets and shall not be required to pay on a lost or stolen Instant Game ticket.
4.0 Number and Value of Instant Prizes. There will be approximately 4,080,000 tickets in the Instant Game No. 1191. 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. 1191 without advance notice, at which point no further tickets in that game may be sold. The determination of the closing date and reasons for closing the game will be made in accordance with the instant game closing procedures and the Instant Game Rules, 16 TAC §401.302(j).
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. 1191, 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-200901148
Kimberly L. Kiplin
General Counsel
Texas Lottery Commission
Filed: March 23, 2009
Announcement of Application for Amendment to a State-Issued Certificate of Franchise Authority
The Public Utility Commission of Texas received an application on March 16, 2009, for an amendment to a state-issued certificate of franchise authority (CFA), pursuant to §§66.001 - 66.016 of the Public Utility Regulatory Act (PURA).
Project Title and Number: Application of Time Warner Cable for an Amendment to its State-Issued Certificate of Franchise Authority, Project Number 36800 before the Public Utility Commission of Texas.
The requested amended CFA service area includes expanding the service area footprint to include the city limits of Mountain City, Texas.
Information on the application may be obtained by contacting the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136 or toll free at 1-800-735-2989. All inquiries should reference Project Number 36800.
TRD-200901135
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: March 19, 2009
Notice is given to the public of the filing with the Public Utility Commission of Texas of an application on March 17, 2009, for retail electric provider (REP) certification, pursuant to §§39.101 - 39.109 of the Public Utility Regulatory Act (PURA).
Docket Title and Number: Application of GTC Energy, Inc. for Retail Electric Provider Certification, Docket Number 36807 before the Public Utility Commission of Texas.
Applicant's requested service area by geography includes the geographic area of the Electric Reliability Council of Texas (ERCOT).
Persons wishing to comment upon the action sought should contact the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than April 10, 2009. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136 or toll free at 1-800-735-2989. All comments should reference Docket Number 36807.
TRD-200901143
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: March 20, 2009
Notice is given to the public of the filing with the Public Utility Commission of Texas of an application on March 17, 2009, for retail electric provider (REP) certification, pursuant to §§39.101 - 39.109 of the Public Utility Regulatory Act (PURA).
Docket Title and Number: Application of Always Electric, LLC for Retail Electric Provider Certification, Docket Number 36810 before the Public Utility Commission of Texas.
Applicant's requested service area by geography includes the entire state of Texas.
Persons wishing to comment upon the action sought should contact the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than April 10, 2009. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136 or toll free at 1-800-735-2989. All comments should reference Docket Number 36810.
TRD-200901144
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: March 20, 2009
Notice is given to the public of the filing with the Public Utility Commission of Texas of an application on March 16, 2009 for a service provider certificate of operating authority (SPCOA), pursuant to §§54.151 - 54.156 of the Public Utility Regulatory Act (PURA).
Docket Title and Number: Application of CVC CLEC, LLC for a Service Provider Certificate of Operating Authority, Docket Number 36806 before the Public Utility Commission of Texas.
Applicant intends to provide plain old telephone service, ADSL, ISDN, HDSL, SDSL, RADSL, VDSL, Optical Services, T1-Private Line, Switch 56 KBPS, Frame Relay, Fractional T1, long distance, and wireless services.
Applicant's requested SPCOA geographic area includes the entire state of Texas.
Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than April 8, 2009. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136 or toll free at 1-800-735-2989. All comments should reference Docket Number 36806.
TRD-200901136
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: March 19, 2009
Notice is given to the public of an application filed on March 18, 2009 with the Public Utility Commission of Texas for waiver from the requirements in P.U.C. Substantive Rule §26.420(f)(3)(B).
Docket Style and Number: Application of TWC Digital Phone LLC for Permanent Waiver to Apply Safe-Harbor Percentage to Calculate Texas Universal Service Fund (TUSF) Assessment Pursuant to P.U.C. Substantive Rule §26.420(f). Docket Number 36811.
The Application: TWC Digital Phone LLC (TWC) provides interconnected Voice over Internet Protocol (VoIP) services in Texas. Most of TWC services are provided on a bundled basis, at a single package price, rather than on the traditional per-call, minute-of-use basis. TWC requests that the commission grant it a permanent waiver from the requirements contained in P.U.C. Substantive Rule §26.420(f)(3)(A) to allow TWC to use the commission-ordered safe-harbor TUSF assessment methodology to calculate TUSF assessments.
Persons wishing to comment on the action sought or intervene should contact the Public Utility Commission of Texas by April 13, 2009, 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 36811.
TRD-200901173
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: March 24, 2009
Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) an application on March 18, 2009, for waiver of denial by the Pooling Administrator (PA) of Southwestern Bell Telephone Company d/b/a AT&T Texas' (AT&T Texas) request for assignment of nine thousand-blocks of numbers in the San Antonio 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 36814.
The Application: AT&T Texas submitted an application to the PA for the requested blocks in accordance with the current guidelines. The PA denied the request because AT&T Texas did not meet the months-to-exhaust and utilization criteria established by the Federal Communications Commission.
Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than April 8, 2009. 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 36814.
TRD-200901169
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: March 24, 2009
Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) of an application filed on March 20, 2009, for an amendment to certificated service area boundaries within Cameron County, Texas.
Docket Style and Number: Application of the Brownsville Public Utilities Board (BPUB) for an Amendment to a Certificate of Convenience and Necessity for Service Area Boundaries within Cameron County (Plaza La Guardia). Docket Number 36822.
The Application: The application encompasses an area of land which is singly certificated to American Electric Power Company (AEP), formerly known as Central Power & Light (CP&L), and is within the corporate limits of the City of Brownsville. BPUB received a letter request from Pedro L. Barraza requesting BPUB to provide electric utility services to 112.602 acres of land for a proposed subdivision known as Plaza La Guardia. The estimated cost to BPUB to provide service to this proposed area is $698,500. The area is presently undeveloped. If the application is granted, the area would be dually certificated for electric service.
Persons wishing to comment on the action sought should contact the Public Utility Commission of Texas no later than April 13, 2009, 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 36822.
TRD-200901170
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: March 24, 2009
Notice is given to the public of the filing on March 20, 2009, with the Public Utility Commission of Texas (commission), a notice of intent to file a long run incremental cost (LRIC) study pursuant to P.U.C. Substantive Rule §26.215. The Applicant will file the LRIC study on March 30, 2009.
Docket Title and Number: Application of Southwestern Bell Telephone Company d/b/a AT&T Texas for Approval of LRIC Study for Opt-E-MAN Pursuant to P.U.C. Substantive Rule §26.215, Docket Number 36821.
Any party that demonstrates a justiciable interest may file with the administrative law judge, written comments or recommendations concerning the LRIC study referencing Docket Number 36821. Written comments or recommendations should be filed no later than 45 days after the date of a sufficient study and should be filed at 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 telephones (TTY) may contact the commission at (512) 936-7136 or toll free 1-800-735-2989. All comments should reference Docket Number 36821.
TRD-200901174
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: March 24, 2009
Notice is given to the public of Brazos Telecommunications, Inc.'s (Brazos Telecommunications) application filed with the Public Utility Commission of Texas (commission) on March 11, 2009, for approval of a minor rate change pursuant to P.U.C. Substantive Rule §26.171.
Tariff Control Title and Number: Statement of Intent of Brazos Telecommunications, Inc. to Implement a Minor Rate Change Pursuant to P.U.C. Substantive Rule §26.171; Tariff Control Number 36792.
The Application: Brazos Telecommunications filed an application, pursuant to the P.U.C. Substantive Rule §26.171, to implement a minor rate change to the monthly rates for the following services: 1-Party Local Exchange Access Line Rates for residence and business customers, the PBX trunk rate, the Direct Inward Dialing number assignment and trunk termination rates, the Direct Outward Dialing Service trunk/access line rates, and the Detached Access Line Service per additional 1/4 mile rate. Brazos Telecommunications is also seeking to increase the following non-recurring rates: Primary and Secondary Service Charges, Line Connection Charge, Maintenance of Service Charge, Returned Check Charge and non-recurring charges for the installation of Custom Calling Features, Enhanced Call Packages, and Caller ID Service. The proposed effective date for the rate changes is July 1, 2009. The estimated annual revenue increase recognized by Brazos Telecommunications is $85,529.44 or less than 5% of Brazos Telecommunications' gross annual intrastate revenues. Brazos Telecommunications has 4,396 access lines (residence and business) in service in the state of Texas.
If the commission receives a complaint(s) relating to this application signed by the lesser of 5% or 1,500 of the affected local service customers to which this application applies by June 1, 2009, the application will be docketed. The 5% limitation will be calculated based upon the total number of customers of record as of the calendar month preceding the commission's receipt of the complaint(s).
Persons wishing to comment on this application should contact the Public Utility Commission of Texas by June 1, 2009. Requests to intervene should be filed with the commission's Filing Clerk at P.O. Box 13326, Austin, Texas 78711-3326, or you may call the commission at (512) 936-7120 or toll-free 1-800-735-2989. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Tariff Control Number 36792.
TRD-200901171
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: March 24, 2009
Notice is given to the public of Brazos Telephone Cooperative, Inc.'s (Brazos Telephone) application filed with the Public Utility Commission of Texas (commission) on March 11, 2009, for approval of a minor rate change pursuant to P.U.C. Substantive Rule §26.171.
Tariff Control Title and Number: Statement of Intent of Brazos Telephone Cooperative, Inc. to Implement a Minor Rate Change Pursuant to P.U.C. Substantive Rule §26.171; Tariff Control Number 36793.
The Application: Brazos Telephone Cooperative, Inc. (Brazos Telephone) filed an application, pursuant to the P.U.C. Substantive Rule §26.171, to implement a minor rate change to the monthly rates for the following services: 1-Party Local Exchange Access Line Rates for residence and business customers, the Direct Outward Dialing service trunk/access line rate, the Direct Inward Dialing number assignment and trunk termination rates, and the Detached Access Line Service per additional 1/4 mile rate. The Cooperative is also seeking to increase the following non-recurring rates: Primary and Secondary Service Charges, Line Connection Charge, Maintenance of Service Charge, Returned Check Charge and non-recurring charges for the installation of Custom Calling Features, Enhanced Call Packages, and Caller ID Service. The proposed effective date for the rate changes is July 1, 2009. The estimated annual revenue increase recognized by Brazos Telephone is $18,975.70 or less than 5% of Brazos Telephone's gross annual intrastate revenues. Brazos Telephone has 1,310 access lines (residence and business) in service in the state of Texas.
If the commission receives a complaint(s) relating to this application signed by the lesser of 5% or 1,500 of the affected local service customers to which this application applies by June 1, 2009, the application will be docketed. The 5% limitation will be calculated based upon the total number of customers of record as of the calendar month preceding the commission's receipt of the complaint(s).
Persons wishing to comment on this application should contact the Public Utility Commission of Texas by June 1, 2009. Requests to intervene should be filed with the commission's Filing Clerk at P.O. Box 13326, Austin, Texas 78711-3326, or you may call the commission at (512) 936-7120 or toll-free 1-800-735-2989. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Tariff Control Number 36793.
TRD-200901172
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: March 24, 2009
Public Hearing Notice - Statewide Transportation Improvement Program
The Texas Department of Transportation (department) will hold a public hearing on Tuesday, April 14, 2009, at 10:00 a.m. at the Texas Department of Transportation, 200 East Riverside Drive, Room 1A-2, Austin, Texas to receive public comments on the April out of cycle 2009 Revisions to the Statewide Transportation Improvement Program (STIP) for FY 2008-2011. The STIP reflects the federally funded transportation projects in the FY 2008-2011 Transportation Improvement Programs (TIPs) for each Metropolitan Planning Organization (MPO) in the state. The STIP includes both state and federally funded projects for the nonattainment areas of Beaumont, Dallas-Fort Worth, El Paso, and Houston. The STIP also contains information on federally funded projects in rural areas that are not included in any MPO area, and other statewide programs as listed.
Title 23, United States Code, §134 and §135 require each designated MPO and the state, respectively, to develop a TIP as a condition to securing federal funds for transportation projects under Title 23 or the Federal Transit Act (49 USC §5301, et seq.).
Section 134(j) requires an MPO to develop its TIP in cooperation with the state and affected transportation operators, to provide an opportunity for interested parties to participate in the development of the program, and further requires the TIP to be updated at least once every four years and approved by the MPO and the Governor or Governor's designee. Section 135(g) requires the state to develop a STIP for all areas of the state in cooperation with the designated MPOs and, with respect to non-metropolitan areas, in consultation with affected local officials, and further requires an opportunity for participation by interested parties as well as approval by the Governor or the Governor's designee.
In accordance with 43 TAC §15.8(d), a copy of the proposed April out of cycle 2009 Revisions to the FY 2008-2011 STIP will be available for review, at the time the notice of hearing is published, at each of the department's district offices, at the department's Transportation Planning and Programming Division offices located in Building 118, Second Floor, 118 East Riverside Drive, Austin, Texas, and on the department's website at:
www.txdot.gov.
Persons wishing to review the April out of cycle 2009 Revisions to the FY 2008-2011 STIP may do so online or contact the Transportation Planning and Programming Division at (512) 486-5033.
Persons wishing to speak at the hearing may register in advance by notifying Lori Morel, Transportation Planning and Programming Division, at (512) 486-5033 not later than Monday, April 13, 2009, or they may register at the hearing location beginning at 9:00 a.m. on the day of the hearing. Speakers will be taken in the order registered. Any interested person may appear and offer comments or testimony, either orally or in writing; however, questioning of witnesses will be reserved exclusively to the presiding authority as may be necessary to ensure a complete record. While any persons with pertinent comments or testimony will be granted an opportunity to present them during the course of the hearing, the presiding authority reserves the right to restrict testimony in terms of time or repetitive content. Groups, organizations, or associations should be represented by only one speaker. Speakers are requested to refrain from repeating previously presented testimony. Persons with disabilities who have special communication or accommodation needs or who plan to attend the hearing may contact the Government and Public Affairs Division, at 125 East 11th Street, Austin, Texas 78701-2483, (512) 463-9957. Requests should be made no later than three days prior to the hearing. Every reasonable effort will be made to accommodate the needs.
Further information on the FY 2008-2011 STIP may be obtained from Lori Morel, Transportation Planning and Programming Division, 118 East Riverside Drive, Austin, Texas 78704, (512) 486-5033. Interested parties who are unable to attend the hearing may submit comments to James L. Randall, P.E., Director, Transportation Planning and Programming Division, 118 East Riverside Drive, Austin, Texas 78704. In order to be considered, all written comments must be received at the Transportation Planning and Programming office by Monday, May 18, 2009, at 4:00 p.m.
TRD-200901156
Joanne Wright
Deputy General Counsel
Texas Department of Transportation
Filed: March 24, 2009
Pursuant to Transportation Code, §21.111, and Title 43, Texas Administrative Code, §30.209, the Texas Department of Transportation conducts public hearings to receive comments from interested parties concerning proposed approval of various aviation projects.
For information regarding actions and times for aviation public hearings, please go to the following web site:
http://www.txdot.gov/public_involvement/hearings_meetings/schedule.htm
Or visit www.txdot.gov, click on Public Involvement, click on Hearings and Meetings, and then click on Aviation.
Or contact Texas Department of Transportation, Aviation Division, 150 East Riverside, Austin, Texas 78704, (512) 416-4501 or 1-800-68-PILOT.
TRD-200901155
Joanne Wright
Deputy General Counsel
Texas Department of Transportation
Filed: March 24, 2009
In accordance with Transportation Code, §545.0651 and 43 TAC §§25.601 - 25.603, the City of El Paso has proposed an ordinance establishing lane use restrictions for certain trucks on a portion of Interstate Highway (IH) 10 within the city.
The proposed ordinance would apply to trucks, as defined in Transportation Code, §541.201, with three or more axles, and to truck tractors, also as defined by Transportation Code, §541.201, regardless of whether the truck tractor is drawing another vehicle or trailer. The proposed ordinance would prohibit those eastbound vehicles from using the left hand (or inner) controlled access lane on IH10, between a point 0.2 miles east of the apex of the State Highway 20 (Mesa Street) overpass structure on the west and a point 0.7 miles west of the apex of the Farm-to-Market Highway 659 (Zaragoza Road) overpass structure on the east. The proposed ordinance would also prohibit those westbound vehicles from using the left hand (or inner) controlled access lane on IH10, between a point 0.3 miles west of the apex of the Farm-to-Market Highway 659 (Zaragoza Road) overpass structure on the east and a point 0.2 miles east of the apex of the State Highway 20 (Mesa Street) overpass structure on the west.
The proposed restriction would apply 24 hours a day, 365 days a year, and would allow the operation of such a truck in a prohibited traffic lane only for the purposes of passing another vehicle or entering or exiting the highway.
In accordance with 43 TAC §25.603(f), the Texas Department of Transportation will evaluate the impact of the proposed restriction and the proposed ordinance's compliance with the requirements of Transportation Code, §545.0651 and 43 TAC §§25.601 - 25.603. Interested persons are requested to submit comments concerning the proposed ordinance. Written comments may be submitted to Mr. Carlos Lopez, P.E., Director, Traffic Operations Division, Texas Department of Transportation, 125 East 11th Street, Austin, Texas 78701. The deadline for receipt of comments is 5:00 p.m. on May 4, 2009.
TRD-200901157
Joanne Wright
Deputy General Counsel
Texas Department of Transportation
Filed: March 24, 2009
Business/Process Mapping Analysis - RFP90005
Texas A&M University-Corpus Christi (TAMU-CC) seeks a consultant to conduct a comprehensive Business/Process Mapping and Analysis for the department of Enrollment Management.
In particular, the services requested herein and to be provided under any contract(s) awarded as a result of the Request for Proposals (RFP), will detail process maps of the following departments: University Registrar, Admissions, Financial Assistance, Academic Advising Transition and Bursar's Office.
The RFP documentation may be obtained by contacting: David Davila, Associate Director, Purchasing, Texas A&M University-Corpus Christi, 6300 Ocean Drive, Unit 5731, Corpus Christi, Texas 78412 or e-mail at david.davila@tamucc.edu.
TAMU-CC will base its choice on demonstrated competence, knowledge, experience, and qualifications and on the reasonableness of the proposed fee for the services; and if other considerations are equal, give preference to a consultant who has conducted similar business/process mapping and analysis in a postsecondary institution of higher learning, specifically within the functional areas of Enrollment Management.
Proposals must be received on or before 2:00 p.m. CDT on April 23, 2009.
TRD-200901163
Don Barwick
HUB and Procurement Manager
The Texas A&M University System
Filed: March 24, 2009