Alamo Regional Mobility Authority
Request for Qualifications, Design/Build Comprehensive Development Agreement
The Alamo Regional Mobility Authority ("Alamo RMA"), a political subdivision, is soliciting statements of interest and qualifications from entities interested in pursuing the development of the US 281 North at Loop 1604 Interchange Project ("the Project") through a design/build comprehensive development agreement ("D/B Agreement"). The Project is generally described as the addition of four direct connections between US 281 North and Loop 1604, constructed over the existing frontage roads and mainlanes. Some adjustments to US 281 North and Loop 1604 mainlanes, frontage roads, and ramps may be required to accommodate the connections. The entity selected for the Project, if any, will be responsible for the design and construction of the Project through a Design/Build Agreement. The Alamo RMA anticipates utilizing, in part, funds allocated through the American Recovery and Reinvestment Act of 2009 for this Project and, therefore, will be required to meet all stipulations that come with those funds.
The request for qualifications will be available March 27, 2009. Copies may be obtained from the Alamo RMA website at http://www.alamorma.org/, or by contacting the Alamo RMA Office at (210) 495-5256. Periodic updates, addenda, and clarifications will be posted on the Alamo RMA website; and interested parties are responsible for monitoring the website accordingly. There will be a pre-proposal conference for interested parties at the Alamo Area Council of Governments, 8700 Tesoro Drive, Suite 100, San Antonio, Texas 78217 (1st Floor Conference Room) at 1:30 p.m. Central Time on April 7, 2009. Attendance at the pre-proposal conference is not a condition of submitting a proposal. Final responses must be received in the offices of the Alamo RMA by or before 4:00 p.m. Central Time April 28, 2009, to be eligible for consideration.
Each proposing entity will be evaluated based on the criteria and process set forth in the RFQ.
Questions concerning this RFQ may be submitted via e-mail to Patrick Irwin, P.E., PIrwin@AlamoRMA.org or in writing to: Alamo RMA, c/o Patrick Irwin, P.E., 1222 N. Main Avenue, Suite 1000, San Antonio, TX 78212. All questions must be received by 5:00 p.m. Central Time on April 21, 2009.
TRD-200901285
Terry M. Brechtel
Executive Director
Alamo Regional Mobility Authority
Filed: April 1, 2009
Texas Water Code and Texas Health and Safety Code Settlement Notice
Notice is hereby given by the State of Texas of the following proposed resolution of an environmental enforcement lawsuit under the Texas Water Code and the Texas Health and Safety Code. Before the State may settle a judicial enforcement action under the Texas Water Code, the State shall permit the public to comment in writing on the proposed judgment. The Attorney General will consider any written comments and may withdraw or withhold consent to the proposed agreed judgment if the comments disclose facts or considerations that indicate that the consent is inappropriate, improper, inadequate, or inconsistent with the requirements of the Texas Water Code and the Texas Health and Safety Code.
Case Title and Court: State of Texas v. Deer Creek Ranch Water Company, LLC, and Deer Creek Ranch, Inc. Cause No. D-1-GV-06-002067, in the 353rd Judicial District Court, Travis County, Texas.
Nature of Defendant's Operations: Defendants own and operate a public water system which provides drinking water to an area near Dripping Springs, in Travis County. On several occasions, the water system could not supply water to keep pace with demand and its customers were left without water service as a result. In addition, the Defendants violated an Agreed Order issued by the TCEQ by failing to increase the capacity of the system, hire an appropriately licensed operator, failing to file water quality reports, and other violations.
Proposed Agreed Judgment: The Agreed Final Judgment orders Defendants to pay civil penalties, and attorney's fees to the State. Defendants agree to pay Plaintiff $140,000.00, in civil penalties, $80,000.00 of which will be deferred on the condition that the Defendants comply with the Judgment and all relevant statutes and rules for five years. The Defendants agree to pay attorney's fees to the State in the amount of $20,000.00. The Defendants will also cease collection of a customer surcharge.
For a complete description of the proposed settlement, the complete proposed Agreed Final Judgment should be reviewed. Requests for copies of the judgment, and written comments on the proposed settlement, should be directed to Jane E. Atwood, Assistant Attorney General, Office of the Texas Attorney General, P.O. Box 12548, Austin, Texas 78711-2548, (512) 463-2012, facsimile (512) 320-0911. Written comments must be received within 30 days of publication of this notice to be considered.
For more information regarding this publication, contact Cindy Hodges, Agency Liaison, at (512) 936-1841.
TRD-200901219
Stacey Napier
Deputy Attorney General
Office of the Attorney General
Filed: March 27, 2009
Public Hearing on CDBG Disaster Recovery Funds Method of Distribution.
The Brazos Valley Council of Governments (BVCOG) will host two public hearing opportunities to solicit comments for revision of the current method of distribution for Community Development Block Grant (CDBG) disaster recovery funds related to Hurricane Ike. BVCOG will provide a suggested method of distribution that will recommend apportioning funds totaling $8,952,164.30 for housing and community infrastructure within the BVCOG region.
Two identical public hearings will be held: Thursday, April 2, 2009 at 2:00 p.m. and Friday, April 3, 2009 at 2:00 p.m. at The Center for Regional Services, 3991 East 29th Street, Bryan, Texas.
The public is invited to attend either hearing and/or provide comments to BVCOG. Written comments may be submitted to lmcguill@bvcog.org, by fax to (979) 595-2810, or by mail to: Linda McGuill, Ike Recovery Funding Distribution, Brazos Valley Council of Governments, P.O. Drawer 4128, Bryan, Texas 77805.
BVCOG will provide for reasonable accommodations for persons attending BVCOG functions. Requests from persons needing special accommodations should be received by BVCOG staff 24 hours prior to a function. The public hearing will be conducted in English and requests for language interpreters or other special communication needs should be made at least two working days prior to a function. Please call (979) 595-2800 for assistance.
TRD-200901263
Tom Wilkinson, Jr.
Executive Director
Brazos Valley Council of Governments
Filed: March 31, 2009
Statewide Purchase of Cutaway Buses
The public bid opening for this procurement has been set back to May 13, 2009.
The Capital Area Rural Transportation System (CARTS) is requesting bids for 22 and 25 foot cutaway buses on behalf of all Rural Transit Districts in Texas participating in this joint procurement. It is anticipated that 120 - 150 buses will be purchased under this procurement.
If you wish to receive an electronic copy of the bid document send a request to:
TexasBusBuy@RideCARTS.com
TRD-200901220
Dave Marsh
General Manager
Capital Area Rural Transportation System
Filed: March 27, 2009
Notice and Opportunity to Comment on Requests for Consistency Agreement/Concurrence Under the Texas Coastal Management Program
On January 10, 1997, the State of Texas received federal approval of the Coastal Management Program (CMP) (62 Federal Register pp. 1439 - 1440). Under federal law, federal agency activities and actions affecting the Texas coastal zone must be consistent with the CMP goals and policies identified in 31 TAC Chapter 501. Requests for federal consistency review were deemed administratively complete for the following project(s) during the period of March 20, 2009, through March 26, 2009. As required by federal law, the public is given an opportunity to comment on the consistency of proposed activities in the coastal zone undertaken or authorized by federal agencies. Pursuant to 31 TAC §§506.25, 506.32, and 506.41, the public comment period for this activity extends 30 days from the date published on the Coastal Coordination Council web site. The notice was published on the web site on April 1, 2009. The public comment period for this project will close at 5:00 p.m. on May 1, 2009.
FEDERAL AGENCY ACTIONS:
Applicant: David Fortenberry; Location: The project is located along the Gulf Intracoastal Waterway in the Canal City Subdivision in Gilchrist, Galveston County, Texas. The project can be located on the U.S.G.S. quadrangle map entitled: Caplen, Texas. Approximate UTM Coordinates in NAD 27 (meters): Zone 15; Easting: 357364; Northing: 3267826. Project Description: The applicant proposes to fill 19.67 acres of waters of the United States, specifically tidal salt marsh wetlands adjacent to man-made boat canals, for the purpose of home building on residential lots. The applicant also proposes to install 7,020 linear feet of bulkhead along the edge of lots. No excavation or dredging is required for this project. As compensatory mitigation, the applicant proposes to avoid home building on 39 lots, preserving 7.47 acres of tidal salt marsh, and to create 2.03 acres of tidal salt marsh, within two separate mitigation sites. In addition, the applicant proposes to plant approximately 0.97 acres of marsh fringe in front of the proposed 7,020 linear feet of bulkhead. CCC Project No.: 09-0120-F1. Type of Application: U.S.A.C.E. permit application #SWG-2007-01609 is being evaluated under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. §403) and §404 of the Clean Water Act (33 U.S.C.A. §1344). Note: The consistency review for this project may be conducted by the Texas Commission on Environmental Quality under §401 of the Clean Water Act (33 U.S.C.A. §1344).
Applicant: Port of Harlingen Authority; Location: The project is located approximately 4 miles east of Highway 77 on FM 106, along the Arroyo Colorado, in Harlingen, Cameron County, Texas. The project can be located on the U.S.G.S. quadrangle map entitled: Rio Hondo, Texas. Approximate UTM Coordinates in NAD 83 (meters): Zone 14; Easting: 640328; Northing: 2899330. Project Description: The applicant proposes to construct a pile supported dock for the purpose of unloading sand and other materials from barges for use at an existing concrete facility. The project involves excavating a portion of the bank to a less steep slope, construction of a caliche road to the proposed dock, and shoreline stabilization consisting of a bulkhead and riprap. The applicant proposes to construct a roadway in an upland portion of the shoreline that would lead to a 30- by 50-foot concrete slab unloading dock. Along the shoreline, the applicant proposes to construct a steel sheet-pile bulkhead that would extend approximately 35 feet along the Mean Low Tide line, and back into the existing bank. In front of the bulkhead, the applicant would place approximately 300 cubic yards of concrete riprap. Behind the bulkhead, the applicant would place approximately 200 cubic yards of caliche for the proposed roadway. CCC Project No.: 09-0122-F1. Type of Application: U.S.A.C.E. permit application #SWG-2007-01218 is being evaluated under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. §403) and §404 of the Clean Water Act (33 U.S.C.A. §1344). Note: The consistency review for this project may be conducted by the Texas Commission on Environmental Quality under §401 of the Clean Water Act (33 U.S.C.A. §1344).
Applicant: Aransas County Navigation District; Location: The project is located in Aransas Bay southeast of the intersection of Main Street and Water Street in Rockport, Aransas County, Texas. The project can be located on the U.S.G.S. quadrangle map titled: Rockport, Texas. Approximate UTM Coordinates in NAD 27 (meters): Zone 14; Easting: 691949; Northing: 3101082. Project Description: The applicant proposes to construct an L-shaped stone/rock breakwater approximately 870 feet long, 32 feet wide at the base, and 6.75 feet high. A 6.5-foot-wide concrete sidewalk with handrails and lights would be constructed on top of the breakwater. The breakwater would be built in two sections - a 320-foot-long section that would be constructed from land and a 570-foot-long section that would be constructed from barges. The stone/rock for the breakwater would be set on geotextile material to minimize turbidity. The project would fill approximately 0.85 acre of bay bottom with approximately 7,500 cubic yards of stone/rock and 500 cubic yards of concrete and brick rubble. An existing fishing pier at the site would be demolished to make room for the breakwater. No seagrass is reported to be present at the proposed site. CCC Project No.: 09-0124-F1. Type of Application: U.S.A.C.E. permit application #SWG-2003-02700 is being evaluated under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. §403) and §404 of the Clean Water Act (33 U.S.C.A. §1344).
Applicant: Citgo Refining and Chemicals; Location: The project site is located along the Corpus Christi Ship Channel, at Citgo Dock 2 of the Citgo Refining and Chemicals facility located at 1802 Nueces Bay Boulevard in Corpus Christi, Nueces County, Texas. The project can be located on the U.S.G.S. quadrangle map entitled: Corpus Christi, Texas. Approximate UTM Coordinates in NAD 27 (meters): Zone 14; Easting: 655050; Northing: 3077750. Project Description: The applicant proposes to repair an area of approximately 600 feet adjacent to an existing roadway and the shoreline along the Corpus Christi Ship Channel within the Inner Harbor. The proposed work is needed to maintain the integrity of the existing roadway and the safety of vehicular traffic traveling adjacent to the shoreline. The repairs would consist of placing approximately 4,900 cubic yards of fill materials along the edge of the roadway and the shoreline, with articulated concrete mats placed on top of the fill to hold it in place. The width of the material to be placed in the water varies from 40 feet to 140 feet. Approximately 1.5 acres of jurisdictional waters would be filled by the proposed work. Water depths at the project site vary from -4 to -8 feet mean low tide. CCC Project No.: 09-0125-F1. Type of Application: U.S.A.C.E. permit application #SWG-2008-01132 is being evaluated under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. §403) and §404 of the Clean Water Act (33 U.S.C.A. §1344). Note: The consistency review for this project may be conducted by the Texas Commission on Environmental Quality under §401 of the Clean Water Act (33 U.S.C.A. §1344).
Applicant: Neumin Production Company; Location: The project is located on State Tract (ST) 26 in Lavaca Bay, Calhoun County, Texas. The project can be located on the U.S.G.S. quadrangle map entitled: POINT COMFORT, Texas. Approximate UTM Coordinates for the proposed well location in NAD 83 (meters): Zone 14; Easting: 740592; Northing: 3170069. Project Description: The applicant proposes to hydraulically dredge a proposed approximate 85- by 150-foot access channel in Lavaca Bay to a depth of -7.1 feet Mean Lower Low Water (MLLW). The proposed access channel will connect to another access channel authorized under Department of the Army Permit No. 24272. In addition, the applicant proposes to hydraulically dredge a 176- by 345-foot work basin in ST 26 to a depth of -7.1-ft MLLW for the proposed ST 26, Well No. 8 surface location structure. This will result in the excavation of approximately 8,015 cubic yards of material which will be pumped into confined Port of Port Lavaca Dredged Material Placement Areas. CCC Project No.: 09-0130-F1. Type of Application: U.S.A.C.E. permit application #SWG-2007-01445 is being evaluated under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. §403) and §404 of the Clean Water Act (33 U.S.C.A. §1344). Note: The consistency review for this project may be conducted by the Railroad Commission of Texas under §401 of the Clean Water Act (33 U.S.C.A. §1344).
Applicant: Neumin Production Company; Location: The project is located in State Tract (ST) 38 in Lavaca Bay, Calhoun County, Texas. The project can be located on the U.S.G.S. quadrangle map entitled: Point Comfort, Texas. Approximate UTM Coordinates for the proposed well location in NAD 83 (meters): Zone 14; Easting: 740998; Northing: 3169795. Project Description: The applicant proposes to hydraulically dredge a proposed approximate 80- by 1,420-foot access channel in Lavaca Bay to a depth of -7.1 feet Mean Lower Low Water (MLLW). The proposed access channel will connect to another access channel authorized under Department of the Army Permit No. 24272. In addition, the applicant proposes to hydraulically dredge a 171-foot by 435-foot work basin in ST's 26 and 38 to a depth of -7.1 feet MLLW for the proposed ST 38, Well No. 7 surface location structure. Excavation from the proposed access channel and work basin will result in approximately 11,593 cubic yards of material which will be pumped into confined Port of Port Lavaca Dredged Material Placement Areas. CCC Project No.: 09-0131-F1. Type of Application: U.S.A.C.E. permit application #SWG-2007-01446 is being evaluated under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. §403) and §404 of the Clean Water Act (33 U.S.C.A. §1344). Note: The consistency review for this project may be conducted by the Railroad Commission of Texas under §401 of the Clean Water Act (33 U.S.C.A. §1344).
Pursuant to §306(d)(14) of the Coastal Zone Management Act of 1972 (16 U.S.C.A. §§1451 - 1464), as amended, interested parties are invited to submit comments on whether a proposed action is or is not consistent with the Texas Coastal Management Program goals and policies and whether the action should be referred to the Coastal Coordination Council for review.
Further information on the applications listed above, including a copy the consistency certifications for inspection, may be obtained from Ms. Tammy Brooks, Consistency Review Coordinator, Coastal Coordination Council, P.O. Box 12873, Austin, Texas 78711-2873, or tammy.brooks@glo.state.tx.us. Comments should be sent to Ms. Brooks at the above address or by fax at (512) 475-0680.
TRD-200901260
Larry L. Laine
Chief Clerk/Deputy Land Commissioner, General Land Office
Coastal Coordination Council
Filed: March 31, 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 04/06/09 - 04/12/09 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 04/06/09 - 04/12/09 is 18% for Commercial over $250,000.
1Credit for personal, family or household use.
2Credit for business, commercial, investment or other similar purpose.
TRD-200901261
Leslie L. Pettijohn
Commissioner
Office of Consumer Credit Commissioner
Filed: March 31, 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 11, 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 11, 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: City of Amherst; DOCKET NUMBER: 2008-1968-MLM-E; IDENTIFIER: RN105649115; LOCATION: Amherst, Lamb County; TYPE OF FACILITY: unauthorized disposal site; RULE VIOLATED: 30 Texas Administrative Code (TAC) §111.201 and §330.15(c) and Texas Health and Safety Code (THSC), §382.085(b), by failing to comply with the general prohibition on outdoor burning and by failing to prevent the unauthorized disposal of municipal solid waste (MSW); PENALTY: $1,000; ENFORCEMENT COORDINATOR: Michael Graham, (806) 796-7092; REGIONAL OFFICE: 5012 50th Street, Suite 100, Lubbock, Texas 79414-3426, (806) 796-7092.
(2) COMPANY: City of Bardwell; DOCKET NUMBER: 2008-1930-MWD-E; IDENTIFIER: RN101721199; LOCATION: Ellis County; TYPE OF FACILITY: wastewater treatment plant; RULE VIOLATED: 30 TAC §305.125(1), Texas Pollutant Discharge Elimination System (TPDES) Permit Number WQ0013675001, Effluent Limitations and Monitoring Requirements Numbers 1 and 6, and the Code, §26.121(a), by failing to comply with the permitted effluent limitations for dissolved oxygen (DO), five-day biochemical oxygen demand (BOD5), and total suspended solids (TSS); and 30 TAC §305.125(17) and TPDES Permit Number WQ0013675001, Sludge Provisions, by failing to submit the annual sludge report; PENALTY: $2,335; ENFORCEMENT COORDINATOR: Jennifer Graves, (956) 425-6010; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(3) COMPANY: Bluff Manufacturing, Inc.; DOCKET NUMBER: 2009-0134-AIR-E; IDENTIFIER: RN105491757; LOCATION: Fort Worth, Tarrant County; TYPE OF FACILITY: metal fabrication and manufacturing; RULE VIOLATED: 30 TAC §116.110(a) and THSC, §382.0518(a) and §382.085(b), by failing to obtain authorization for a surface coating and dry abrasive cleaning operation; PENALTY: $1,050; ENFORCEMENT COORDINATOR: Audra Benoit, (409) 898-3838; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(4) COMPANY: Cacharel Texas Hawaii, Limited; DOCKET NUMBER: 2008-1648-MWD-E; IDENTIFIER: RN101202836; LOCATION: Tarrant County; TYPE OF FACILITY: wastewater treatment system and disposal site; RULE VIOLATED: 30 TAC §30.331(b) and §30.350(d), by failing to have a properly certified operator operating the facility; 30 TAC §305.125(1) and TPDES Permit Number WQ0014046001, Sludge Provisions, Section 1, B.1, by failing to comply with all permit conditions; 30 TAC §305.125(1) and TPDES Permit Number WQ0014046001, Effluent Limitations and Monitoring Requirements Section B, by failing to comply with all permit conditions; 30 TAC §319.5(a) and TPDES Permit Number WQ0014046001, Effluent Limitations and Monitoring Requirements Section B, by failing to collect samples and measurements of the effluent; 30 TAC §305.125(1) and TPDES Permit Number WQ0014046001, Special Provisions Number 10, by failing to monitor the accumulation of solids in the septic tank; 30 TAC §305.125(1) and TPDES Permit Number WQ0014046001, Special Provisions Number 6, by failing to comply with permit conditions; 30 TAC §305.125(17) and TPDES Permit Number WQ0014046001, Sludge Provisions, by failing to submit the annual sludge report; and 30 TAC §305.125(1) and TPDES Permit Number WQ0014046001, Operational Requirements Number 10.f., by failing to keep the management records for all sludge removed from any wastewater treatment process; PENALTY: $23,504; ENFORCEMENT COORDINATOR: Craig Fleming, (512) 239-5806; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(5) COMPANY: CLEMSA LUMBER COMPANY; DOCKET NUMBER: 2008-1787-IWD-E; IDENTIFIER: RN100211143; LOCATION: Pollok, Angelina County; TYPE OF FACILITY: sawmill with wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number WQ0004234000, Effluent Limitations and Monitoring Requirements Number 1, and the Code, §26.121(a), by failing to comply with permit effluent limits for total aluminum; PENALTY: $1,290; ENFORCEMENT COORDINATOR: Steve Villatoro, (512) 239-4930; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1830, (409) 898-3838.
(6) COMPANY: City of Corpus Christi; DOCKET NUMBER: 2008-1971-PST-E; IDENTIFIER: RN100711415; LOCATION: Corpus Christi, Nueces County; TYPE OF FACILITY: automotive maintenance shop and refueling station; RULE VIOLATED: 30 TAC §334.76(2), by failing to take immediate action to prevent any further releases of the regulated substance into the environment, including shutting down the leaking underground storage tank (UST) if necessary; and 30 TAC §334.72(1), by failing to report to the commission, the discovery of released regulated substances; PENALTY: $1,500; ENFORCEMENT COORDINATOR: Harvey Wilson, (512) 239-0321; REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5839, (361) 825-3100.
(7) COMPANY: Diamond Shamrock Refining Company, L.P.; DOCKET NUMBER: 2008-0738-AIR-E; IDENTIFIER: RN100210517; LOCATION: Moore County; TYPE OF FACILITY: petroleum refinery; RULE VIOLATED: 30 TAC §101.20(3) and §116.715(a), Flexible Permit Number 9708/PSD-TX-861M2, Special Condition (SC) Number 2, and THSC, §382.085(b), by failing to prevent unauthorized emissions; and 30 TAC §101.201(b)(1)(G) and THSC, §382.085(b), by failing to include the compound descriptive type of all compounds released during the emissions event on the final emissions event report; PENALTY: $8,450; ENFORCEMENT COORDINATOR: Trina Grieco, (210) 490-3096; REGIONAL OFFICE: 3918 Canyon Drive, Amarillo, Texas 79109-4933, (806) 353-9251.
(8) COMPANY: FONDREN ADP, LIMITED dba Fondren Mobil; DOCKET NUMBER: 2009-0144-PST-E; IDENTIFIER: RN100527142; LOCATION: Houston, Harris 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: $3,058; ENFORCEMENT COORDINATOR: Brianna Carlson, (956) 425-6010; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1452, (713) 767-3500.
(9) COMPANY: Gulf Coast Water Authority; DOCKET NUMBER: 2008-1887-SLG-E; IDENTIFIER: RN102678141; LOCATION: Galveston County; TYPE OF FACILITY: water treatment sludge land application site; RULE VIOLATED: 30 TAC §312.122(b) and TCEQ Water Treatment Plant Sludge Registration Number 730049, Special Provisions A, by failing to comply with the permitted water treatment plant sludge land application rate of 38 dry tons per acre per year; PENALTY: $2,080; ENFORCEMENT COORDINATOR: Heather Brister, (254) 751-0335; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1452, (713) 767-3500.
(10) COMPANY: Horizon Retail LLC dba MJ's All Season Food Store; DOCKET NUMBER: 2009-0138-PST-E; IDENTIFIER: RN104813092; LOCATION: Houston, Harris 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 and Stage II vapor space manifolding and dynamic back pressure; PENALTY: $5,196; ENFORCEMENT COORDINATOR: Rajesh Acharya, (512) 239-0577; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1452, (713) 767-3500.
(11) COMPANY: HRH Investments, LP dba John T White Shell; DOCKET NUMBER: 2008-1802-PST-E; IDENTIFIER: RN101904407; LOCATION: Fort Worth, Tarrant 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: $2,411; ENFORCEMENT COORDINATOR: Mike Pace, (817) 588-5800; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(12) COMPANY: Leander Independent School District; DOCKET NUMBER: 2009-0023-EAQ-E; IDENTIFIER: RN102732377; LOCATION: Cedar Park, Williamson County; TYPE OF FACILITY: construction site; RULE VIOLATED: 30 TAC §213.23(a)(1), by failing to obtain a modification of a contributing zone plan; PENALTY: $1,875; ENFORCEMENT COORDINATOR: Samuel Short, (512) 239-5363; REGIONAL OFFICE: 2800 South IH 35, Suite 100, Austin, Texas 78704-5700, (512) 339-2929.
(13) COMPANY: Ledezma Ready Mix, LLC; DOCKET NUMBER: 2009-0384-WQ-E; IDENTIFIER: RN103750865; LOCATION: Mason, Mason County; TYPE OF FACILITY: concrete batch plant; RULE VIOLATED: 30 TAC §281.25(a)(4), by failing to obtain a multi-sector general permit; PENALTY: $700; ENFORCEMENT COORDINATOR: Melissa Keller, (512) 239-1768; REGIONAL OFFICE: 622 South Oakes, Suite K, San Angelo, Texas 76903-7035, (325) 655-9479.
(14) COMPANY: City of Marshall; DOCKET NUMBER: 2008-1548-MLM-E; IDENTIFIER: RN105591150; LOCATION: Marshall, Harrison County; TYPE OF FACILITY: unauthorized disposal site; RULE VIOLATED: 30 TAC §111.201, by failing to prohibit the burning of MSW for the purpose of disposal; and 30 TAC §330.15(a)(1) and the Code, §26.121(a), by failing to prohibit the disposal of MSW without specific authorization from the commission and by failing to prevent the discharge of road oil/tack oil; PENALTY: $5,500; ENFORCEMENT COORDINATOR: Michael Graham, (806) 796-7092; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3734, (903) 535-5100.
(15) COMPANY: City of Mart; DOCKET NUMBER: 2008-1907-MWD-E; IDENTIFIER: RN102079274; LOCATION: Mart, McLennan County; TYPE OF FACILITY: wastewater treatment plant; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number 10645001, Effluent Limitations and Monitoring Requirements Numbers 1, 2, and 6, and the Code, §26.121(a)(1), by failing to comply with permitted effluent limits for DO, BOD5 , TSS, and total chlorine; 30 TAC §305.125(17) and TPDES Permit Number 10645001, Sludge Provisions, by failing to submit the annual sludge report; and 30 TAC §305.125(4), TPDES Permit Number 10645001, Permit Conditions Number 2.d., and the Code, §26.121(a), by failing to prevent the discharge of sludge; PENALTY: $18,375; ENFORCEMENT COORDINATOR: Heather Brister, (254) 751-0335; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.
(16) COMPANY: ONEOK Hydrocarbon Southwest, LLC; DOCKET NUMBER: 2008-1407-AIR-E; IDENTIFIER: RN100209949; LOCATION: Mont Belvieu, Chambers County; TYPE OF FACILITY: natural gas fractionation plant; RULE VIOLATED: 30 TAC §116.115(c), New Source Review Permit Number 3956B, SC Number 1, and THSC, §382.085(b), by failing to comply with permitted emissions limits; PENALTY: $13,100; ENFORCEMENT COORDINATOR: Terry Murphy, (512) 239-5025; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1452, (713) 767-3500.
(17) COMPANY: Pilot Travel Centers LLC dba Pilot Travel Center 435; DOCKET NUMBER: 2009-0086-AIR-E; IDENTIFIER: RN103125605; LOCATION: Anthony, El Paso County; TYPE OF FACILITY: convenience store/truck stop terminal; RULE VIOLATED: 30 TAC §114.100(a) and THSC, §382.085(b), by failing to comply with the minimum oxygen content of 2.7% by weight of gasoline; PENALTY: $1,470; ENFORCEMENT COORDINATOR: Audra Benoit, (409) 898-3838; REGIONAL OFFICE: 401 East Franklin Avenue, Suite 560, El Paso, Texas 79901-1212, (915) 834-4949.
(18) COMPANY: Billy Mudd and Pleasure Point Homeowners Association, Inc. dba Pleasure Point Water Supply Corporation; DOCKET NUMBER: 2008-1850-PWS-E; IDENTIFIER: RN101281749; LOCATION: Zavalla, Angelina County; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.113(f)(4) and THSC, §341.0315(c), by failing to comply with the maximum contaminant level (MCL) for total trihalomethanes; and 30 TAC §290.113(f)(5) and THSC, §341.0315(c), by failing to comply with the MCL for haloacetic acid; PENALTY: $875; ENFORCEMENT COORDINATOR: Andrea Linson-Mgbeoduru, (512) 239-1482; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1830, (409) 898-3838.
(19) COMPANY: RACETRAC PETROLEUM, INC. dba Raceway 6774; DOCKET NUMBER: 2009-0157-PST-E; IDENTIFIER: RN102222635; LOCATION: Houston, Harris 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; and 30 TAC §290.51(a)(3) and the Code, §5.702, by failing to pay outstanding water system fees and associated late fees; PENALTY: $5,599; ENFORCEMENT COORDINATOR: Tom Greimel, (512) 239-5690; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1452, (713) 767-3500.
(20) COMPANY: RESCAR, INC.; DOCKET NUMBER: 2009-0103-AIR-E; IDENTIFIER: RN100234681; LOCATION: Orange, Orange County; TYPE OF FACILITY: railcar repair and painting; RULE VIOLATED: 30 TAC §122.143(4) and §122.145(2)(A) and (B), Federal Operating Permit Number O-1532, General Terms and Conditions, and THSC, §382.085(b), by failing to submit a semi-annual deviation report; PENALTY: $3,050; ENFORCEMENT COORDINATOR: Tom Greimel, (512) 239-5690; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1830, (409) 898-3838.
(21) COMPANY: Alfred Sapp; DOCKET NUMBER: 2009-0009-MSW-E; IDENTIFIER: RN105516959; LOCATION: Centerville, Leon County; TYPE OF FACILITY: unauthorized disposal site; RULE VIOLATED: 30 TAC §330.15(c), by failing to prevent the unauthorized disposal of MSW; PENALTY: $2,625; ENFORCEMENT COORDINATOR: Ross Fife, (512) 239-2541; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.
(22) COMPANY: Shepherd Place Homes, Inc.; DOCKET NUMBER: 2009-0383-WQ-E; IDENTIFIER: RN105668933; LOCATION: Ellis County; TYPE OF FACILITY: home builder; RULE VIOLATED: 30 TAC §281.25(a)(4), by failing to obtain a construction general permit; PENALTY: $700; ENFORCEMENT COORDINATOR: Melissa Keller, (512) 239-1768; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(23) COMPANY: Sonterra Development LLC of Jarrell, Texas; DOCKET NUMBER: 2009-0036-MWD-E; IDENTIFIER: RN104474465; LOCATION: Williamson County; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number WQ0014569001, Effluent Limitations and Monitoring Requirements Number 1, and the Code, §26.121(a), by failing to comply with permit effluent limits for ammonia nitrogen, carbonaceous biochemical oxygen demand, and TSS; 30 TAC §305.125(17) and §319.7(d) and TPDES Permit Number WQ0014569001, Monitoring and Reporting Requirements Number 1, by failing to timely submit the discharge monitoring reports; and 30 TAC §305.125(17) and TPDES Permit Number WQ0014569001, Monitoring and Reporting Requirements Number 1, by failing to submit effluent monitoring results at intervals specified in the permit; PENALTY: $3,440; ENFORCEMENT COORDINATOR: Steve Villatoro, (512) 239-4930; REGIONAL OFFICE: 2800 South IH 35, Suite 100, Austin, Texas 78704-5700, (512) 339-2929.
(24) COMPANY: S.W.G., Limited Partnership dba Jonestown Liberty Mart; DOCKET NUMBER: 2009-0061-PST-E; IDENTIFIER: RN101492908; LOCATION: Jonestown, Travis County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.49(c)(4) and the Code, §26.3475(d), by failing to inspect and test the cathodic protection system for operability and adequacy of protection; 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(b)(2) and the Code, §26.3475(a), by failing to provide proper release detection for the 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; 30 TAC §334.50(d)(1)(B)(ii) and the Code, §26.3475(c)(1), by failing to conduct reconciliation of detailed inventory control records; and 30 TAC §334.51(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 and are inspected and serviced as per manufacturers' specifications; PENALTY: $7,419; ENFORCEMENT COORDINATOR: Rajesh Acharya, (512) 239-0577; REGIONAL OFFICE: 2800 South IH 35, Suite 100, Austin, Texas 78704-5700, (512) 339-2929.
(25) COMPANY: Texas A&M University; DOCKET NUMBER: 2009-0142-IWD-E; IDENTIFIER: RN102182086; LOCATION: College Station, Brazos County; TYPE OF FACILITY: wastewater treatment plant; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number WQ0004003000, Outfall Number 101, Effluent Limitations and Monitoring Requirements Number 1, and the Code, §26.121(a), by failing to comply with permitted effluent limitations; PENALTY: $4,340; ENFORCEMENT COORDINATOR: Tom Jecha, (512) 239-2576; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.
(26) COMPANY: Thomas Enterprises, Inc.; DOCKET NUMBER: 2008-1948-EAQ-E; IDENTIFIER: RN105618482; LOCATION: San Antonio, Bexar County; TYPE OF FACILITY: land development site; RULE VIOLATED: 30 TAC §213.4(a)(1), by failing to obtain approval of an Edwards Aquifer protection plan; PENALTY: $750; ENFORCEMENT COORDINATOR: Lanae Foard, (512) 239-2554; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.
(27) COMPANY: Victron Stores, L.P. dba Tiger Mart 61; DOCKET NUMBER: 2009-0025-PST-E; IDENTIFIER: RN105482251; LOCATION: Fort Worth, Tarrant County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §115.244(1) and (3) and THSC, §382.085(b), by failing to conduct daily and monthly inspections of the Stage II vapor recovery system (VRS); 30 TAC §115.248(1) and THSC, §382.085(b), by failing to ensure that at least one station representative received training in the operation and maintenance of the Stage II VRS and each current employee received in-house Stage II vapor recovery training regarding the purpose and operation of the VRS; and 30 TAC §115.245(1) and THSC, §382.085(b), by failing to conduct initial compliance testing of the Stage II VRS; PENALTY: $8,938; ENFORCEMENT COORDINATOR: Judy Kluge, (817) 588-5800; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(28) COMPANY: Western Rim Investment Advisors, Inc.; DOCKET NUMBER: 2008-1775-WQ-E; IDENTIFIER: RN105110043; LOCATION: Smith County; TYPE OF FACILITY: construction site; RULE VIOLATED: 30 TAC §305.125(1) and TPDES Construction General Permit (CGP) Number TXR15DX85, Part III, Section F(8)(a), by failing to conduct inspections of sediment and erosion control measures identified in the storm water pollution prevention plan (SWP3); 30 TAC §305.125(1) and TPDES CGP Number TXR15DX85, Part III, Section F(8)(c), by failing to modify the SWP3; and 30 TAC §305.125(1), TPDES CGP Number TXR15DX85, Part III, Sections F(6)(a) and (d), and the Code, §26.121(a), by failing to maintain in effective operating condition all sediment controls and to remove sediment accumulations that escape the site; PENALTY: $19,758; Supplemental Environmental Project offset amount of $7,903 applied to Audubon Society - Tyler Habitat Improvement-Langley Island; ENFORCEMENT COORDINATOR: Heather Brister, (254) 751-0335; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3734, (903) 535-5100.
TRD-200901274
Kathleen C. Decker
Director, Litigation Division
Texas Commission on Environmental Quality
Filed: March 31, 2009
Notices issued March 25, 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, LLC, an Arizona limited partnership, Texas Reunion, LLLP, an Arizona limited liability limited partnership, SPG-Stratford III, LLLP, an Arizona limited liability limited partnership, SPG-Wheatley, LLLP, an Arizona limited liability limited partnership, SPG-RW, LLLP, an Arizona limited liability limited partnership, SLPR, LLC, an Arizona limited liability company, SPG-Masterson, LLLP, an Arizona limited liability limited partnership, R.D. Hubbard, SPG-Woodard, LLLP, an Arizona limited liability limited partnership, Arizona Lemonade Springs, LLLP, 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.
TCEQ Internal Control No. 02262009-D01; WYA THE RANCH AT MARY'S CREEK, Ltd. (Petitioner) filed a petition for creation of Morningstar Ranch Municipal Utility District No. 1 of Parker County (District) with the Texas Commission on Environmental Quality (TCEQ). The petition was filed pursuant to Article XVI, Section 59 of the Constitution of the State of Texas; Chapters 49 and 54 of the Texas Water Code; 30 Texas Administrative Code Chapter 293; and the procedural rules of the TCEQ. The petition states the following: (1) the Petitioner is the owner of a majority in value of the land, consisting of one tract, to be included in the proposed District; (2) there is one lien holder, Premier Bank, on the property to be included in the proposed District; (3) the proposed District will contain approximately 380.316 acres located in Parker County, Texas; and (4) the land within the proposed District is within the extraterritorial jurisdiction of the City of Fort Worth, Texas (City). 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 $25,948,132.
TCEQ Internal Control No. 02262009-D02; WYA THE RANCH AT MARY'S CREEK, Ltd. (Petitioner) filed a petition for creation of Morningstar Ranch Municipal Utility District No. 2 of Parker County (District) with the Texas Commission on Environmental Quality (TCEQ). The petition was filed pursuant to Article XVI, Section 59 of the Constitution of the State of Texas; Chapters 49 and 54 of the Texas Water Code; 30 Texas Administrative Code Chapter 293; and the procedural rules of the TCEQ. The petition states the following: (1) the Petitioner is the owner of a majority in value of the land, consisting of two tracts, to be included in the proposed District; (2) there is one lien holder, Premier Bank, on the property to be included in the proposed District; (3) the proposed District will contain approximately 356.829 acres located in Parker County, Texas; and (4) the land within the proposed District is within the extraterritorial jurisdiction of the City of Fort Worth, Texas (City). 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 $24,354,595.
INFORMATION SECTION
To view the complete issued notice, view the notice on our web site at www.tceq.state.tx.us/comm_exec/cc/pub_notice.html or call the Office of the Chief Clerk at (512) 239-3300 to obtain a copy of the complete notice. When searching the web site, type in the issued date range shown at the top of this document to obtain search results.
The TCEQ may grant a contested case hearing on the petition if a written hearing request is filed within 30 days after the newspaper publication of the notice. To request a contested case hearing, you must submit the following: (1) your name (or for a group or association, an official representative), mailing address, daytime phone number, and fax number, if any; (2) the name of the Petitioner and the TCEQ Internal Control Number; (3) the statement "I/we request a contested case hearing"; (4) a brief description of how you would be affected by the petition in a way not common to the general public; and (5) the location of your property relative to the proposed District's boundaries. You may also submit your proposed adjustments to the petition. Requests for a contested case hearing must be submitted in writing to the Office of the Chief Clerk at the address provided in the information section below.
The Executive Director may approve the petition unless a written request for a contested case hearing is filed within 30 days after the newspaper publication of this notice. If a hearing request is filed, the Executive Director will not approve the petition and will forward the petition and hearing request to the TCEQ Commissioners for their consideration at a scheduled Commission meeting. If a contested case hearing is held, it will be a legal proceeding similar to a civil trial in state district court.
Written hearing requests should be submitted to the Office of the Chief Clerk, MC 105, TCEQ, P.O. Box 13087, Austin, TX 78711-3087. For information concerning the hearing process, please contact the Public Interest Counsel, MC 103, at the same address. For additional information, individual members of the general public may contact the Districts Review Team, at (512) 239-4691. Si desea información en Español, puede llamar al (512) 239-0200. General information regarding TCEQ can be found at our web site at www.tceq.state.tx.us.
TRD-200901289
LaDonna Castañuela
Chief Clerk
Texas Commission on Environmental Quality
Filed: April 1, 2009
Waste Control Specialists LLC, 1 mile north of S.H. 176 at NW9998 on State Line Road, Andrews, Texas, has applied to the Texas Commission on Environmental Quality (TCEQ) for an amendment of Radioactive Material License No. R04971. Radioactive Material License No. R04971 authorizes radioactive waste processing and storage. The amendment application requests an extension of the 545 days for storing 1,940 cubic feet of mixed hazardous low-level radioactive waste treated and packaged in B-25 steel boxes generated at the Safety Light Superfund Site in Pennsylvania, after which it must be transferred to an authorized recipient.
The TCEQ Executive Director has completed the technical review of the amendment request and prepared an amended draft license. The draft license extends the time for storing the 1,940 cubic feet of mixed hazardous low-level radioactive waste generated at the Safety Light Superfund Site until January 31, 2010.
The license amendment request, the Executive Director's technical summary, and amended draft license are available for viewing and copying at the TCEQ's central office in Austin, Texas and at the Andrews County Library located at 109 Northwest First Street in Andrews, Texas.
PUBLIC COMMENT/PUBLIC MEETING. You may submit public comments or request a public meeting about this application. The purpose of a public meeting is to provide the opportunity to submit comments or to ask questions about the application. TCEQ holds a public meeting if the Executive Director determines that there is a significant degree of public interest in the application. A public meeting is not a contested case hearing. After the deadline for submitting public comments, the Executive Director will consider all timely comments and prepare a response to all relevant and material or significant public comments.
EXECUTIVE DIRECTOR ACTION. The Executive Director may issue final approval of the minor amendment after consideration of all timely comments submitted on the application.
MAILING LIST. If you submit public comments, you will be added to the mailing list for this specific license to receive future public notices mailed by the Office of the Chief Clerk. In addition, you may request to be placed on: (1) the permanent mailing list for a specific applicant name and license number; and/or (2) the mailing list for a specific county. If you wish to be placed on the permanent and/or the county mailing list, clearly specify which list(s) and send your request to TCEQ Office of the Chief Clerk at the address below. All written public comments and requests must be submitted to the Office of the Chief Clerk, MC 105, TCEQ, P.O. Box 13087, Austin, TX 78711-3087 or electronically at www.tceq.state.tx.us/about/comments.html within 10 days from the date this notice is published in the Texas Register which should be on or about April 10, 2009.
AGENCY CONTACTS AND INFORMATION. If you need more information about this license application or the licensing process, please call the TCEQ Office of Public Assistance, Toll Free, at 1-800-687-4040. Si desea información en Español, puede llamar al 1-800-687-4040. General information about the TCEQ can be found at our web site at www.tceq.state.tx.us.
Further information may also be obtained from Waste Control Specialists LLC at Three Lincoln Center, 5430 LBJ Freeway, Suite 1700, Dallas, TX 75240 or by contacting Mr. Tim Greene at (888) 789-2783.
TRD-200901286
LaDonna Castañuela
Chief Clerk
Texas Commission on Environmental Quality
Filed: April 1, 2009
Permit Number 1486B
APPLICATION. City of Beaumont, Clean Community Department, 4955 Lafin Road, Beaumont, Jefferson County, Texas 77705, has applied to the Texas Commission on Environmental Quality (TCEQ) for a Type I Limited Scope Permit Amendment. The applicant is requesting to extend the hours of operation of the landfill to improve the service for the City of Beaumont's landfill customers. The facility is located at the interchange of Fannett Road and U.S. Route 69, south on Lafin Road, Beaumont, Jefferson County, Texas 77705. The TCEQ received the application on February 9, 2009. The permit application is available for viewing and copying at the City of Beaumont City Hall, City Clerk's Office, 801 Main Street, Beaumont, Jefferson County, Texas 77701.
ADDITIONAL NOTICE. TCEQ's Executive Director has determined the application is administratively complete and will conduct a technical review of the application. After technical review of the application is complete, the Executive Director may prepare a draft permit and will issue a preliminary decision on the application. Notice of the Application and Preliminary Decision will be published and mailed to those who are on the county-wide mailing list and to those who are on the mailing list for this application. That notice will contain the deadline for submitting public comments.
PUBLIC COMMENT/PUBLIC MEETING. You may submit public comments or request a public meeting on this application. The purpose of a public meeting is to provide the opportunity to submit comments or to ask questions about the application. TCEQ will hold a public meeting if the Executive Director determines that there is a significant degree of public interest in the application or if requested by a local legislator. A public meeting is not a contested case hearing.
OPPORTUNITY FOR A CONTESTED CASE HEARING. After the deadline for submitting public comments, the Executive Director will consider all timely comments and prepare a response to all relevant and material, or significant public comments. Unless the application is directly referred for a contested case hearing, the response to comments, and the Executive Director's decision on the application, will be mailed to everyone who submitted public comments and to those persons who are on the mailing list for this application. If comments are received, the mailing will also provide instructions for requesting reconsideration of the Executive Director's decision and for requesting a contested case hearing. A person who may be affected by the facility is entitled to request a contested case hearing from the commission. A contested case hearing is a legal proceeding similar to a civil trial in state district court.
TO REQUEST A CONTESTED CASE HEARING, YOU MUST INCLUDE THE FOLLOWING ITEMS IN YOUR REQUEST: your name, address, phone number; applicant's name and permit number; the location and distance of your property/activities relative to the facility; a specific description of how you would be adversely affected by the facility in a way not common to the general public; and, the statement "[I/we] request a contested case hearing." If the request for contested case hearing is filed on behalf of a group or association, the request must designate the group's representative for receiving future correspondence; identify an individual member of the group who would be adversely affected by the facility or activity; provide the information discussed above regarding the affected member's location and distance from the facility or activity; explain how and why the member would be affected; and explain how the interests the group seeks to protect are relevant to the group's purpose. Following the close of all applicable comment and request periods, the Executive Director will forward the application and any requests for reconsideration or for a contested case hearing to the TCEQ Commissioners for their consideration at a scheduled Commission meeting.
The Commission will only grant a contested case hearing on disputed issues of fact that are relevant and material to the Commission's decision on the application. Further, the Commission will only grant a hearing on issues that were raised in timely filed comments that were not subsequently withdrawn.
MAILING LIST. If you submit public comments, a request for a contested case hearing or a reconsideration of the Executive Director's decision, you will be added to the mailing list for this specific application to receive future public notices mailed by the Office of the Chief Clerk. In addition, you may request to be placed on: (1) the permanent mailing list for a specific applicant name and permit number; and/or (2) the mailing list for a specific county. If you wish to be placed on the permanent and/or the county mailing list, clearly specify which list(s) and send your request to TCEQ Office of the Chief Clerk at the address below.
AGENCY CONTACTS AND INFORMATION. All written public comments and requests must be submitted to the Office of the Chief Clerk, MC 105, TCEQ, P.O. Box 13087, Austin, TX 78711-3087 or electronically at www.tceq.state.tx.us/about/comments.html. If you need more information about this permit application or the permitting process, please call TCEQ Office of Public Assistance, Toll Free, at 1-800-687-4040. Si desea información en Español, puede llamar al 1-800-687-4040. General information about TCEQ can be found at our web site at www.tceq.state.tx.us. Further information may also be obtained from City of Beaumont, Clean Community Department at the address stated above or by calling Mr. Kevin D. Yard, P.E., BCEE Consultant, SCS Engineers at (817) 358-6105.
TRD-200901288
LaDonna Castañuela
Chief Clerk
Texas Commission on Environmental Quality
Filed: April 1, 2009
The following notices were issued during the period of March 5, 2009 through March 26, 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
ALUMAX MILL PRODUCTS INC which operates Alumax Mill Products plant, an aluminum coils manufacturing facility, has applied for a renewal of TPDES Permit No. WQ0002742000, which authorizes the discharge of treated process wastewaters, utility wastewaters, hot mill coolant wastewater, reverse osmosis reject and backwash, and paint line after cooler water at a daily average flow not to exceed 152,000 gallons per day via Outfall 002. The facility is located approximately five miles west of the City of Texarkana, southwest of the intersection of U.S. Interstate Highway 30 and Farm Road 989 and adjacent to the northern limit of the Town of Nash, Bowie County, Texas.
CITY OF LEXINGTON has applied for a renewal of TPDES Permit No. WQ0010016001 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 at 8043 Farm-to-Market Road 1624, approximately 0.5 mile west of the intersection of Farm-to-Market Road 1624 and State Highway Spur 123, west of the City of Lexington in Lee County, Texas.
CITY OF GOREE has applied for a renewal of TPDES Permit No. WQ0010102001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 55,000 gallons per day. The facility is located on the east side of U.S. Highway 277, approximately 1/2 mile east of the intersection of U.S. Highway 277 and State Highway 266 in Knox County, Texas.
CITY OF ROSCOE has applied for a new permit, Proposed Permit No. WQ0010263002, to authorize the disposal of treated domestic wastewater at a daily average flow not to exceed 240,000 gallons per day via surface irrigation of 82 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 will be located approximately 3/4 mile south of the intersection of Interstate Highway 20 and Cemetery Road in Nolan County, Texas.
THE CITY OF SMITHVILLE has applied for a renewal of TPDES Permit No. WQ0010286001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 500,000 gallons per day. The facility is located at 265 Hill Road, southwest of the intersection of North Second Street and Royston Street (on the east side of Gazley Creek), in the City of Smithville in Bastrop County, Texas.
CITY OF SWEENY has applied for a renewal of TPDES Permit No. WQ0010297001 which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 975,000 gallons per day. The facility is located at the north end of Avenue A, on the west bank of the San Bernard River, approximately two miles northeast of the City of Sweeny and approximately three miles southeast of the intersection of State Highway 35 and Farm-to Market Road 1459 in Brazoria County, Texas.
CITY OF NEW HOME has applied for a renewal of Permit No. WQ0010632001, which authorizes the disposal of treated domestic wastewater at a daily average flow not to exceed 30,000 gallons per day via surface irrigation of 35 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 0.25 mile northwest of the intersection of Farm-to-Market Road 1730 and State Highway 211 in Lynn County, Texas.
THE TEXAS DEPARTMENT OF CRIMINAL JUSTICE has applied for a renewal of TPDES Permit No. WQ0010986001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 450,000 gallons per day. The facility is located approximately 3,500 feet northwest of the intersection of State Highway 6 and U. S. Highway 90A in Fort Bend County, Texas.
TEXAS PARKS AND WILDLIFE DEPARTMENT has applied for a renewal of Permit No. 11220-001, which authorizes the disposal of treated domestic wastewater at an annual average flow not to exceed 7,311 gallons per day via surface irrigation of 3 acres of public access pasture land. This permit will not authorize a discharge of pollutants into waters in the State. The wastewater treatment facility and disposal site are located in Cleburne State Park, approximately 300 feet from the north shore of Cedar Lake in Cleburne State Park and approximately 7,500 feet north-northwest of the junction of Park Road 21 and Farm-to-Market Road 1434 in Johnson County, Texas.
SHERIDAN WATER SUPPLY CORPORATION has applied for a renewal of TPDES Permit No. WQ0013452001 which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 50,000 gallons per day. The facility is located 1,400 feet east-southeast of the intersection of U.S. Highway 90 Alternate and Farm-to-Market Road 2437 near the City of Sheridan in Colorado County, Texas.
BOILING INDEPENDENT SCHOOL DISTRICT has applied for a renewal of Permit No. WQ0013710001, which authorizes the disposal of treated domestic wastewater at a daily average flow not to exceed 11,217 gallons per day via subsurface drainfields with a minimum area of 44,867 square feet. This permit will not authorize a discharge of pollutants into waters in the State. The wastewater treatment facility and disposal site are located north of the intersection of Derrick Street and Burning Stone Drive, approximately 2.0 miles east of Farm-to-Market Road 1301 and approximately 2.5 miles southeast of the City of Boling in Wharton County, Texas.
SHEFFIELD WATER SUPPLY CORPORATION has applied for a new permit, Proposed Permit No. WQ0014849001, to authorize the disposal of treated domestic wastewater at a daily average flow not to exceed 67,000 gallons per day via surface irrigation of 24 acres of non-public access grassland. The draft permit authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 54,000 gallons per day via surface irrigation of 24 acres of non-public access grassland. The facility was previously permitted under Permit No. 10916-001 which expired September 1, 2005. This permit will not authorize a discharge of pollutants into waters in the State. The wastewater treatment facility and disposal site will be located approximately 1/4 mile south of U.S. Highway 290 and 1/2 mile east of Farm-to-Market Road 349 in Pecos County, Texas.
CALUMET PENRECO LLC which operates the Calumet Penreco, LLC - Dickinson Plant, which produces purified mineral oils, lubricating oils, and sulfonated hydrocarbons, has applied for a renewal of TPDES Permit No. WQ0000377000, which authorizes the discharge of treated process wastewater, utility wastewater, and storm water at a daily average flow not to exceed 75,000 gallons per day via Outfall 001; and process area storm water on an intermittent and flow variable basis via Outfalls 002 and 003. The facility is located north of Dickinson Bayou, east of Galveston, Houston, and Henderson rail line, and approximately 1500 feet southeast of the intersection of Farm-to-Market Road 517 and Farm-to-Market Road 1226 in the City of Dickinson, Galveston County, Texas.
US SILICA COMPANYwhich operates the U.S. Silica - Kosse Plant, a kaolin clay mining and processing facility has applied for a renewal of TPDES Permit No. WQ0001176000, which authorizes the discharge of process generated water, area runoff, and water from mine area dewatering at a daily maximum discharge not to exceed 2,500,000 gallons per day via Outfalls 001, 002, 003, 004, 005. The total combined daily maximum flow from the five outfalls shall not exceed 4,000,000 gallons per day. The facility is located on the east side of Farm-to-Market Road 2749, approximately one mile north of the intersection of State Highway 7 and Farm-to-Market Road 2749, and approximately 7.5 miles north of the City of Kosse, Limestone County, Texas.
NRG TEXAS POWER LLC which operates the Limestone Steam Electric Generating Station, has applied for a renewal of TPDES Permit No. WQ0002430000, which authorizes the discharge of low volume wastewater, cooling tower blowdown, lignite pile runoff and bottom ash transport at a daily maximum flow not to exceed 2,304,000 gallons per day via Outfall 001; material handling area runoff, washdown and bottom ash transport water, and low volume wastewater on an intermittent and flow variable basis via Outfall 002; bottom ash transport water, low volume wastewater, and storm water runoff at a daily maximum flow not to exceed 510,000 gallons per day via Outfall 003; bottom ash transport water, low volume wastewater, and storm water runoff at a daily maximum flow not to exceed 432,000 gallons per day via Outfall 004; low volume wastewater, metal cleaning waste, bottom ash transport water, and utility wastewater at a daily maximum flow not to exceed 216,000 gallons per day via Outfall 005; treated domestic wastewater at a daily average flow not to exceed 60,000 gallons per day via Outfall 006; treated domestic wastewater at a daily average flow not to exceed 3,000 gallons per day via Outfall 007; and bottom ash transport water and low volume wastewater not to exceed a daily maximum flow of 72,000 gallons per day via Outfall 008. The facility is located adjacent to and west of Farm-to-Market Road 39, approximately 2.5 miles southeast of the City of Farrar, Limestone County, Texas.
SANDERSON FARMS INC (Production Division), which operates the Sanderson Farms Franklin Feed Mill and Truck Shop, has applied for a major amendment to TPDES Permit No. WQ00003847000 to authorize removal of Oil and Grease effluent limits and monitoring requirements; increase the daily average permitted flow from 29,000 gallons per day to 40,000 gallons per day, and daily maximum flow from 40,000 gallons per day to 80,000 gallons per day; report flow to evaporation pond as daily average instead of monthly average; and increase the discharge to evaporation pond from 857 gallons to 1,500 gallons. The current permit authorizes the discharge of boiler blowdown at a daily average flow not to exceed 29,000 gallons per day and daily maximum not to exceed 40,000 gallons per day; and the disposal of truck wash water at a daily average flow not to exceed 857 gallons per day via evaporation. The facility is located on U.S. Highway 79 approximately 3.2 miles northeast of the intersection of U.S. Highway 79 and State Road 1940 in the Community of New Baden, Robertson County, Texas.
CITY OF DILLEY has applied for a renewal of TPDES Permit No. WQ0010404003, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 800,000 gallons per day. The facility is located approximately 3,000 feet east along Crawford Road from the intersection of White Street and Houston Street in Frio County, Texas.
THE CITY OF LULING has applied for a renewal of TPDES Permit No. WQ0010582002, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 900,000 gallons per day. The facility is located approximately one-half (0.5) mile north of U. S. Highway 90 at a point one (1) mile east-northeast of U. S. Highway 90 and U. S. Highway 183 in Caldwell County, Texas.
BRAZOS INDEPENDENT SCHOOL DISTRICT has applied for a renewal of TPDES Permit No. WQ0011719001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 25,000 gallons per day. The facility is located approximately 1.0 mile southeast of the City of Wallis and approximately 1,000 feet south of State Highway 36 in Austin County, Texas.
TEXAS DEPARTMENT OF CRIMINAL JUSTICE has applied for a renewal of TPDES Permit No. WQ0012458002, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 250,000 gallons per day. The facility is located approximately 1.5 miles southwest of the intersection of Farm-to-Market Road 2 and State Highway 6, approximately 1.0 mile southeast of the City of Courtney in Grimes County, Texas.
AQUA DEVELOPMENT INC has applied for a renewal of TPDES Permit No. WQ0014175001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 225,000 gallons per day. The facility is located approximately 2.5 miles east of the intersection of Farm-to-Market Road 360 and State Highway 36 in Fort Bend County, Texas.
HARRIS COUNTY MUNICIPAL UTILITY DISTRICT No. 418 has applied for a minor amendment to the Texas Pollutant Discharge Elimination System (TPDES) permit 14476-001 to authorize the decrease of interim II phase of the existing permit from a daily average flow not to exceed 800,000 gallons per day to 600,000 gallons per day, and the decrease of the final phase from an annual average flow not to exceed 2,000,000 gallons per day to 1,000,000 gallons per day. The existing permit authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 2,000,000 gallons per day in the final phase.
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-200901287
LaDonna Castañuela
Chief Clerk
Texas Commission on Environmental Quality
Filed: April 1, 2009
The State Office of Administrative Hearings issued a Proposal for Decision and Order to the Texas Commission on Environmental Quality on March 26, 2009, in the matter of the Executive Director of the Texas Commission on Environmental Quality, Petitioner v. Patriot Car Wash, L.L.C.; SOAH Docket No. 582-09-0637; TCEQ Docket No. 2008-0235-WQ-E. The commission will consider the Administrative Law Judge's Proposal for Decision and Order regarding the enforcement action against Patriot Car Wash, L.L.C. on a date and time to be determined by the Office of the Chief Clerk in Room 201S of Building E, 12100 N. Interstate 35, Austin, Texas. This posting is Notice of Opportunity to Comment on the Proposal for Decision and Order. The comment period will end 30 days from date of this publication. Written public comments should be submitted to the Office of the Chief Clerk, MC-105, TCEQ, P.O. Box 13087, Austin, Texas 78711-3087. If you have any questions or need assistance, please contact Melissa Chao, Office of the Chief Clerk, (512) 239-3300.
TRD-200901290
LaDonna Castañuela
Chief Clerk
Texas Commission on Environmental Quality
Filed: April 1, 2009
Listed below are the names of filers from the Texas Ethics Commission who did not file reports, or failed to pay penalty fines for late reports in reference to the listed filing deadline. If you have any questions, you may contact Robbie Douglas at (512) 463-5800 or (800) 325-8506.
Deadline: 8-Day Pre-election Report due October 27, 2008
Rosendo Carranco, Texas First PAC, 1519 Washington Street, Suite 200, Laredo, Texas 78042-4412
Jesus Contreras, Law Offices of Contreras & Munoz, P.C., 1110 South Closner Boulevard, Edinburg, Texas 78539-5662
Doris Fears, Senate District 13 PAC, 5134 Tavenor Lane, Houston, Texas 77048-2646
Rogelio Martinez, Hidalgo County Republican Party (CEC), 1305 Fullerton Avenue, McAllen, Texas 78504-5748
Nancy J. Moffat, 1414 Whispering Dell Court, Southlake, Texas 76092-4615
Daniel G. Rios, 4112 Hobbs Street, Edinburg, Texas 78539-7753
Brent Sheets, Career Colleges & Schools of Texas, P.O. Box 11539, Austin, Texas 78711-1539
Deadline: Semiannual Report due January 15, 2009 for Candidates and Officeholders
Fausto Sosa, 101 West Hillside Road, Suite 11C, Laredo, Texas 78041-3117
TRD-200901214
David Reisman
Executive Director
Texas Ethics Commission
Filed: March 26, 2009
Notice of Application and Priorities for the Recovery Act: Edward Byrne Memorial Justice Assistance Grant Program Federal Application
The Governor's Criminal Justice Division is preparing to submit its application for funds under the American Recovery and Reinvestment Act of 2009, Edward Byrne Memorial Justice Assistance Grant (JAG) Formula Program to the Department of Justice, Bureau of Justice Assistance. The JAG allocation to Texas is $90,295,773. A minimum of $56.3 million must be passed through to local units of government and non-profit agencies.
CJD proposed to use JAG funds to reduce crime and its effect on communities. Comments on the application or the priorities must be submitted in writing to Christopher Burnett at egrants@governor.state.tx.us or mailed to the Office of the Governor, Criminal Justice Division, P.O. Box 12428, Austin, Texas 78711. Comments must be received or postmarked no later than 30 days from the date of publication of this announcement in the Texas Register.
TRD-200901276
Kevin Green
Assistant General Counsel
Office of the Governor
Filed: March 31, 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 529-06-0425 RFQ 23 to Health Management Associates, Inc., an entity with a principal place of business at 120 N. Washington Square, Suite 705, Lansing, Michigan 48933. The contractor will provide Consulting Services regarding identification of barriers to pediatric subspecialty consultations and referrals and enumerate new methods to address these identified barriers.
The total value of the contract with Health Management Associates, Inc. is $110,755.00. The contract was executed on February 27, 2009 and will expire on June 15, 2009, unless extended or terminated sooner by the parties. Health Management Associates, Inc. will produce numerous documents and reports during the term of the contract, with the final reporting due by June 15, 2009.
TRD-200901275
Steve Aragón
Chief Counsel
Texas Health and Human Services Commission
Filed: March 31, 2009
The Texas Health and Human Services Commission (HHSC) intends to submit to the Centers for Medicare and Medicaid Services a request to renew the NorthSTAR 1915(b) waiver to the Texas State Plan for Medical Assistance under the authority of Title XIX of the Social Security Act. The current waiver is scheduled to expire September 30, 2009. The proposed effective date for the renewal is October 1, 2009.
NorthSTAR provides behavioral health services (mental health and substance abuse) to eligible individuals in the Dallas service delivery area. These services are provided in a managed care setting. Individuals enrolled in the NorthSTAR have access to coordinated mental health and substance abuse/chemical dependency services that exceed the traditional Medicaid service array. NorthSTAR serves seven counties in Texas: Collin, Dallas, Ellis, Hunt, Kaufman, Navarro and Rockwall.
NorthSTAR is administered through a contract with a behavioral health organization (BHO). The BHO contract includes outcome and performance measures specifically designed for behavioral health. The BHO is required to subcontract with a specialty provider network for the provision of a set of specialty treatment services and service coordination services for enrollees with serious mental illness and serious emotional disturbance. The BHO is also contractually required to maintain an adequate network of other behavioral health provider specialties, including: psychiatrists, psychologists, licensed therapists, substance abuse treatment facilities, and hospitals.
HHSC will request that the waiver renewal be approved for an additional two year period beginning October 1, 2009, and extending through September 30, 2011. This waiver maintains cost neutrality of service costs for federal fiscal years 2009 through 2011.
To obtain copies of the proposed waiver, interested parties may contact Christine Longoria by mail at Texas Health and Human Services Commission, P.O. Box 85200, Mail Code H-600, 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-200901217
Steve Aragón
Chief Counsel
Texas Health and Human Services Commission
Filed: March 27, 2009
Notice of Public Hearing for the American Recovery and Reinvestment Act of 2009 for the Weatherization Assistance Program Plan
The Texas Department of Housing and Community Affairs (TDHCA) will hold a public hearing to receive comments on the draft American Recovery and Reinvestment Act (ARRA) - Funded Weatherization Assistance Program Plan. Texas anticipates receiving an allocation of $326,975,732 from the ARRA Texas allocation formula grant award. Funding to subrecipients will be based on the total number of grant allocation awards. The program will be administered through the current subrecipients and additional subrecipients based on competitive awards.
The public hearing will be held at 1:00 p.m. on Wednesday, April 22, 2009 in Room #170, Stephen F. Austin Building, 1700 North Congress Avenue, Austin, Texas 78701. At the hearing, a representative from TDHCA will describe the ARRA-Funded Weatherization Assistance Program (WAP) and the proposed use of the funds.
Local officials and citizens are encouraged to participate in the hearing process. Written and oral comments received will be used to finalize the ARRA-Funded Weatherization Assistance Program Plan. Written comments from those who cannot attend the hearing in person may be provided by the close of business at 5:00 p.m. on April 22, 2009, to Ms. Lolly Caballero, Senior Planner, Energy Assistance Section, Texas Department of Housing and Community Affairs, P.O. Box 13941, Austin, Texas 78711 or by electronic mail to Lolly.Caballero@tdhca.state.tx.us or by fax to (512) 475-3935. A copy of the proposed Draft Plan may be obtained after April 16, 2009, through TDHCA's web site, http://www.tdhca.state.tx.us/ea/index.htm or by calling Ms. Caballero at (512) 475-0471 or by writing to Ms. Caballero at the TDHCA address given above.
Individuals who require auxiliary aids or services for this meeting should contact Ms. Gina Esteves, ADA responsible employee, at (512) 475-3943 or Relay Texas at 1-800-735-2989 at least two days before the meeting so that appropriate arrangements can be made.
Non-English speaking individuals who require interpreters for this meeting should contact Lolly Caballero, (512) 475-0471 at least three days before the meeting so that appropriate arrangements can be made.
Personas que hablan español y requieren un intérprete, favor de llamar a Jorge Reyes al siguiente número (512) 475-4577 por lo menos tres días antes de la junta para hacer los preparativos apropiados.
TRD-200901282
Michael Gerber
Executive Director
Texas Department of Housing and Community Affairs
Filed: April 1, 2009
Application to change the name of MBIA INSURANCE CORP. OF ILLINOIS to NATIONAL PUBLIC FINANCE GUARANTY CORPORATION, a foreign fire and casualty company. The home office is in Springfield, Illinois.
Application to change the name of UNITED HEALTHCARE INSURANCE COMPANY to UNITEDHEALTHCARE INSURANCE COMPANY, a foreign life company. The home office is in Hartford, Connecticut.
Application to change the name of TRINITY UNIVERSAL INSURANCE COMPANY OF KANSAS, INC. to AMTRUST INSURANCE COMPANY OF KANSAS, INC., a foreign fire and casualty company. The home office is in Topeka, Kansas.
Application to change the name of FARMERS AND MERCHANTS INSURANCE COMPANY to PRIDE NATIONAL INSURANCE COMPANY, a foreign fire and casualty company. The home office is in Oklahoma City, Oklahoma.
Any objections must be filed with the Texas Department of Insurance, within twenty (20) calendar days from the date of the Texas Register publication, addressed to the attention of Godwin Ohaechesi, 333 Guadalupe Street, M/C 305-2C, Austin, Texas 78701.
TRD-200901280
Gene C. Jarmon
General Counsel and Chief Clerk
Texas Department of Insurance
Filed: April 1, 2009
Vacancy on Advisory Board on Cosmetology
The Texas Department of Licensing and Regulation (Department) announces a vacancy on the Advisory Board on Cosmetology established by Texas Occupations Code, Chapter 1602. The purpose of the Advisory Board on Cosmetology (Board) is to advise the Texas Commission of Licensing and Regulation (Commission) and the Department on: education and curricula for applicants; the content of examinations; proposed rules and standards on technical issues related to cosmetology; and other issues affecting cosmetology.
The Board is composed of five members appointed by the presiding officer of the Commission, with the Commission's approval. The Board consists of one member who holds a license for a beauty shop that is part of a chain of beauty shops; one member who holds a license for a beauty shop that is not part of a chain of beauty shops; one member who holds a private beauty culture school license; and two members who each hold an operator license. Members serve staggered six-year terms, with the terms of one or two members expiring on the same date each odd-numbered year. This announcement is for the vacancy of a licensed operator.
Interested persons should request an application from the Texas Department of Licensing and Regulation by telephone (512) 475-4765, fax (512) 475-2874, or e-mail advisory.boards@license.state.tx.us. Applications may also be downloaded from the Department's website at: www.license.state.tx.us.
Applicants may be asked to appear for an interview; however, any required travel for an interview would be at the applicant's expense.
TRD-200901216
William H. Kuntz, Jr.
Executive Director
Texas Department of Licensing and Regulation
Filed: March 26, 2009
The Texas Department of Licensing and Regulation announces a vacancy on the Water Well Drillers Advisory Council established by the Texas Occupations Code, Chapter 1901. The pertinent rules may be found in 16 TAC §76.650. The purpose of the Water Well Drillers Advisory Council (Council) is to advise the Texas Commission of Licensing and Regulation (Commission) on the contents of the licensing examination, the evaluation and recommendation of standards for continuing education programs, and rules for adoption by the department relating to the regulation of drillers registered under this chapter.
The Council is composed of nine members appointed by the presiding officer of the Commission, with the approval of the Commission. The Council consists of six licensed drillers who are residents of this state. One driller shall be selected from the state at large and one of each of the remaining five drillers shall be selected from the Gulf Coast, Trans-Pecos, Central Texas, Northeast Texas, and the Panhandle-South Plains areas. Three members must be representatives of the public. A person is not eligible for public membership if the person or the person's spouse is licensed by an occupational regulatory agency in the field of well drilling, or is employed by, participates in the management of, or has, other than as a consumer, a financial interest in a business entity or other organization related to the field of well drilling. Members serve staggered six-year terms expiring September 15. This announcement is for one position of a licensed driller representing the Central Texas area.
Interested persons should request an application from the Texas Department of Licensing and Regulation by telephone (512) 475-4765, fax (512) 475-2874 or e-mail advisory.boards@license.state.tx.us. Applications may also be downloaded from the Department's website at: www.license.state.tx.us.
Applicants may be asked to appear for an interview; however, any required travel for an interview would be at the applicant's expense.
TRD-200901215
William H. Kuntz, Jr.
Executive Director
Texas Department of Licensing and Regulation
Filed: March 26, 2009
Public Notice Announcement - American Recovery and Reinvestment Act Clean Vehicle and Infrastructure Funding Opportunities
This is a request by the North Central Texas Council of Governments (NCTCOG) for competitive grant applications related to funding available under the American Recovery and Reinvestment Act (ARRA).
The NCTCOG, in partnership with the Dallas-Fort Worth (DFW) Clean Cities Coalition, is pursuing funding from both the Department of Energy (DOE) and the Environmental Protection Agency (EPA) for projects that advance alternative fuel and advanced vehicle technologies, reduce diesel pollution, create and preserve jobs, and help contribute toward improved air quality in the DFW ozone nonattainment area. In order to maximize the benefits of available funds for the DFW area, NCTCOG will be coordinating competitive grant applications for a portion of these funds on behalf of the region. NCTCOG is seeking partnerships from both the public and private sectors for projects that fall into the following emphasis areas:
Electric Vehicles (all-electric, hybrid electric, plug-in hybrid, etc.) and Associated Infrastructure
Other Alternative Fuel Vehicles and Associated Infrastructure
Green Truck Stops
Diesel Emissions Reductions
NCTCOG requests that all partners submit the appropriate information and letters of commitment to our offices by April 24, 2009 for the EPA projects and May 22, 2009 for DOE projects.
Visit www.nctcog.org/aqfunding for more details. To request more information, contact ARRACleanVehicles@nctcog.org or call (817) 695-9268.
Regulations
NCTCOG, in accordance with Title VI of the Civil Rights Act of 1964, 78 Statute 252, 41 United States Code 2000d to 2000d-4; and Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 1, Nondiscrimination in Federally Assisted Programs of the Department of Transportation issued pursuant to such act, hereby notifies all proposers that it will affirmatively assure that, in regard to any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full opportunity to submit proposals in response to this invitation and will not be discriminated against on the grounds of race, color, sex, age, national origin, or disability in consideration of an award.
TRD-200901281
R. Michael Eastland
Executive Director
North Central Texas Council of Governments
Filed: April 1, 2009
Announcement of Application for State-Issued Certificate of Franchise Authority
The Public Utility Commission of Texas received an application on March 23, 2009, for a state-issued certificate of franchise authority (CFA), pursuant to §§66.001 - 66.016 of the Public Utility Regulatory Act (PURA).
Project Title and Number: Application of VersaLink Enterprises, LLC for a State-Issued Certificate of Franchise Authority, Project Number 36828 before the Public Utility Commission of Texas.
The requested CFA service area includes the Cities of Fannett, Hamshire, LaBelle, and Goodrich, 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 36828.
TRD-200901222
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: March 27, 2009
Notice is given to the public of a request by the City of San Antonio, acting by and through the City Public Service Board of Trustees for Public Utility Commission of Texas (commission) review of proposed amendments to the Master Trust Agreement for the 12% undivided interest in the South Texas Nuclear Project Units 1 and 2 that was purchased in 2005 from AEP Texas Central Company on March 25, 2009, pursuant to the Public Utility Regulatory Act, TEXAS UTILITY CODE ANNOTATED §§14.001, 14.002, 39.205 (Vernon 2007 & Supplement 2008) (PURA).
Docket Style and Number: Request of the San Antonio City Public Service Board for Review of Amended Nuclear Decommissioning Trust Agreement, Docket Number 36831.
The Application: The City of San Antonio, Texas, acting by and through the City Public Service Board of Trustees (CPS Energy) filed a request for Public Utility Commission of Texas review of the of the proposed amendments to the Master Trust Agreement for the 12% undivided interest in the South Texas Nuclear Project Units 1 and 2 that CPS Energy purchased in 2005 from AEP Texas Central Company.
CPS Energy seeks review of the amendments to the 12% Trust Agreement resulting from the Commission's Order in Notice by the San Antonio City Public Service Board of Receipt of Updated Decommissioning Study and Filing Pursuant to Public Utility Commission of Texas Substantive Rule §25.303(f)(4)(A), Docket Number 35786, Order (November 20, 2008) providing for the creation of a new spent fuel management subaccount and a pre-shutdown decommissioning cost subaccount.
Persons who wish to intervene in the proceeding or comment upon the action sought should contact the Public Utility Commission of Texas, P.O. Box 13326, Austin, Texas 78711-3326, or call the Commission's Office of Customer Protection at (512) 936-7120 or 1-888-782-8477. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136 or use Relay Texas (toll-free) at 1-800-735-2989. All correspondence should refer to Docket Number 36831.
TRD-200901223
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: March 27, 2009
Notice of Application for Change of Control of a State Savings Bank
Notice is hereby given that on March 17, 2009, application was filed with the Savings and Mortgage Lending Commissioner of Texas for change of control of Pioneer Bank, SSB, Dripping Springs, Texas, by Whittington Hancock Hanks, Austin, Texas.
This application is filed pursuant to 7 TAC §§75.121 - 75.127 of the Rules and Regulations Applicable to Texas Savings Banks. These Rules are on file with the Secretary of State, Texas Register Division, or may be seen at the Department's offices in the Finance Commission Building, 2601 North Lamar, Suite 201, Austin, Texas 78705.
TRD-200901258
Douglas B. Foster
Commissioner
Texas Department of Savings and Mortgage Lending
Filed: March 30, 2009
Technical Assistance for CDBG Based Projects and Programs
Description:
The South East Texas Regional Planning Commission (SETRPC) will be administering CDBG Hurricane Ike Disaster funds for Hardin, Jefferson and Orange Counties. As such, SETRPC is seeking an individual who is qualified to provide technical assistance in the development of policies, procedures, and guidelines for its multifamily program in accordance with Federal and State CDBG regulations and requirements.
Consulting services will consist of the following tasks:
1. Consultant will provide ongoing technical services to the SETRPC on an as-needed basis. Technical services potentially may include site visits during the term of the contract.
2. Consultant will provide training to SETRPC staff and such other persons as required.
Minimum Qualifications:
1. Minimum ten years verifiable experience with the CDBG program
a. Shown on applicant's resume
2. Minimum five years verifiable experience in underwriting and/or development of multifamily projects, including low income housing tax credit developments
a. Shown on applicant's resume
Response Date:
Please respond by Close of Business, Tuesday, April 14, 2009.
Proposals will be reviewed based on Consultant Selection Criteria.
Respond To:
Mike Foster
SETRPC
2210 Eastex Freeway
Beaumont, TX 77703
(409) 899-8444 Ext. 7504
TRD-200901257
Mike Foster
Director, Community Development
South East Texas Regional Planning Commission
Filed: March 30, 2009
Underwriter for CDBG Based Projects and Programs
Description:
The South East Texas Regional Planning Commission (SETRPC) will be administering CDBG Hurricane Ike Disaster funds for Hardin, Jefferson and Orange Counties. As such, SETRPC is seeking a qualified underwriter to provide underwriting for multifamily applicants in accordance with Federal and State CDBG regulations and requirements.
Reimbursement:
SETRPC will pay between $800 and $1,600 depending on deal requirements. Terms are 30 days net.
Minimum Qualifications:
1. Minimum ten years verifiable experience with the CDBG program
a. Shown on applicant's resume
2. Minimum five years verifiable experience in underwriting and/or development of multifamily projects, including low income housing tax credit developments
a. Shown on applicant's resume
Response Date:
Please respond by Close of Business, Tuesday, April 14, 2009
Respond To:
Mike Foster
SETRPC
2210 Eastex Freeway
Beaumont, TX 77703
(409) 899-8444 Ext. 7504
TRD-200901259
Mike Foster
Director, Community Development
South East Texas Regional Planning Commission
Filed: March 30, 2009
Request for Proposals - Outside Counsel
The Texas Department of Transportation (department) issues this request for proposals (RFP) for the purpose of identifying qualified law firms interested in providing legal representation to the department and the Texas Transportation Commission (commission) on matters related to the innovative financing and development of transportation projects, including the use of public/private partnerships, and as more fully set out as follows. Selection of outside counsel will be made by the department's General Counsel. The Office of the Attorney General must approve the General Counsel's selection before outside counsel may be employed.
Description: The department is a state agency granted powers under Transportation Code, Chapter 227, to plan and construct a set of intermodal transportation facilities that will integrate highway, rail, and utility components. The department is authorized under Transportation Code, Chapter 223, to construct, maintain, repair, operate, extend, or expand toll projects on the state highway system. The department is also authorized under Transportation Code, Chapter 91, to acquire, finance, construct, operate, and maintain rail facilities. Transportation Code, Chapter 223, Subchapter E, and Transportation Code, §227.023, authorize the department to enter into comprehensive development agreements with private entities for the acquisition, financing, design, construction, maintenance, and/or operation of intermodal transportation facilities and department toll projects.
The department intends to engage outside counsel to advise and represent the agency in connection with the development of transportation projects (including, without limitation, highway, toll, transit, rail, intermodal, and other related transportation facilities), comprehensive development agreements, and other public/private partnerships. Outside counsel will provide advice to the department in these areas, including providing legal advice and support on the terms of comprehensive development agreements and drafting, negotiating, and administering comprehensive development agreements, as well as legal issues involved in using public/private partnerships for the development of transportation projects, including procurement processes and innovative financing options and the implementation and structuring thereof. Outside counsel shall review legislation when requested by the department, recommend legislative action where appropriate and assist with drafting of legislation at the state and federal level. The department invites responses to this RFP from qualified firms for the provision of legal services under the direction and supervision of the department's Office of General Counsel. Outside counsel engaged by the department must demonstrate competence and expertise in the foregoing areas. Extensive prior experience in providing legal services related to public/private partnerships for the development of transportation projects and the innovative financing of those projects is required.
Responses: Responses to the RFP may be submitted by an individual law firm, attorney, or joint venture between two or more law firms and/or attorneys. Responses to the RFP should include at least the following information: (1) a description of the firm's qualifications for performing legal services in the matters described previously, the names, experience, education and expertise of the attorneys who will be assigned to work on such matters, the availability of the lead attorney and other firm personnel who will be assigned to work on these matters, and appropriate information regarding efforts made by the firm to encourage and develop the participation of minorities and women in the provision of these legal services; (2) information relative to the capabilities, location(s), and resources of the firm's offices which might serve the department's requirements, including a summary of physical resources that would be assigned to the department, and an organizational chart indicating the relevant areas of responsibility of each attorney assigned to work on these matters; (3) fee information (either in the form of hourly rates for each attorney and paralegal who will be assigned to perform services in relation to these matters or other fee arrangements directly related to the achievement of specific goals and cost controls) and billable expenses; (4) an abstract of the firm's cost control procedures and how it charges for its services; (5) a comprehensive description of the procedures used by the firm to supervise the provision of legal services in a timely and cost effective manner; (6) disclosures of conflicts of interest (identifying each and every matter in which the firm has, within the past calendar year, represented any entity or individual with an interest adverse to the department or to the State of Texas or any of its agencies); and (7) confirmation of willingness to comply with the rules, policies, directives, and guidelines of the department, the commission, and the Attorney General of the State of Texas.
Note: The department is particularly concerned with issues pertaining to any conflict of interest. Respondents are admonished to make all practicable efforts to fully investigate, disclose, and address such conflicts.
A copy of the standard outside counsel contract is available upon request. Certain terms of the contract may be negotiated by the parties, subject to approval by the Office of the Attorney General.
Format and Person to Contact: Two copies of the proposal are requested. The proposal should be typed, preferably double spaced, on 8-1/2 by 11 inch paper with all pages sequentially numbered and either stapled or bound together. It should be sent by mail or delivered in person, marked "Response to Request for Proposal," and addressed to Bob Jackson, General Counsel, Texas Department of Transportation, 125 East 11th Street, Austin, Texas 78701-2483. For questions, contact Angie Parker, Associate General Counsel, at (512) 463-8630.
Deadline for Submission of Response: All proposals must be received by the Texas Department of Transportation at the previously stated address no later than 5:00 p.m. on May 11, 2009.
TRD-200901269
Joanne Wright
Deputy General Counsel
Texas Department of Transportation
Filed: March 31, 2009
The Texas Department of Transportation (department) announces a Request for Proposal (RFP) for private consultant services pursuant to Government Code, Chapter 2254, Subchapter B. The term of the contract will be from project initiation to December 31, 2009. The department will administer the contract. The RFP will be released on April 10, 2009, and is contingent on the finding of necessity from the Governor's Office.
Purpose: The Texas Department of Transportation is seeking an independent, top-down study of the department to optimize performance, improve quality, promote the effective and efficient use of resources, and assist in the identification of future resource needs. The effort will involve review, analysis, and recommendations relative to the management and organizational structure of administration, divisions, districts, and offices of the department. Only the Texas Transportation Commission and the statutory duties of the executive director are not included in this review. Based on the recommendations of the Sunset Advisory Commission, the consultant will propose and document alternative solutions for and independent analysis of the department to optimize performance, improve quality, promote the effective and efficient use of resources, and assist in the identification of future resource needs.
Eligible Applicants: Eligible applicants include, but are not limited to, organizations that provide private consulting services.
Program Goal: The completion of a report which includes documentation of the review of the department's management and organizational structure, staffing levels, and business processes and recommendations for improvement.
Review and Award Criteria: Each application will first be screened for completeness and timeliness. Proposals that are deemed incomplete or arrive after the deadline will not be reviewed. A team of reviewers from the department will evaluate the proposals as to the private consultant's competence, knowledge, and qualifications and as to the reasonableness of the proposed fee for the services. The criteria and review process are further described in the RFP.
Deadlines: The department must receive proposals prepared according to instructions in the RFP package on or before May 4, 2009 at 3:00 p.m.
To Obtain a Copy of the RFP: Requests for a copy of the RFP should be submitted to Janice Mullenix, 125 East 11th Street, Austin, Texas 78701-2483. Email: jmullen@dot.state.tx.us, telephone number (512) 374-5120 and Fax (512) 374-5121. Copies will also be available on the Electronic State Business Daily (ESBD) at (http://esbd.cpa.state.tx.us/).
TRD-200901279
Joanne Wright
Deputy General Counsel
Texas Department of Transportation
Filed: April 1, 2009
Pursuant to the provisions of Texas Government Code, Chapter 2254, Texas State University-San Marcos publishes this notice of consultant contract award. The consultant proposal request was published in the January 16, 2009, issue of the Texas Register (34 TexReg 391). The selected consultant will provide consulting services related to establishing an effective Center for Research Commercialization.
The consultant selected for this project is Alameda Innovations, LLC, 5424-10 Sunol Bouelvard, Suite 225, Pleasanton, California 94566. The maximum amount of this contract is $190,000.
TRD-200901262
Robert C. Moerke
Director of Contract Compliance
Texas State University-San Marcos
Filed: March 31, 2009