Texas Department of Agriculture
Request for Applications: Texans Feeding Texans: Home-Delivered Meal Grant Program
In accordance with Texas Agriculture Code, §12.042, the state
legislature has appropriated funding to the Texas Department of Agriculture
(TDA) for distribution, pursuant to the Texans Feeding Texans: Home-Delivered
Meal Grant Program (HDMGP), to governmental agencies or qualifying
non-profit organizations that deliver meals to homebound persons that
are elderly and/or have a disability. TDA will begin accepting applications
from eligible organizations September 11, 2009. Total funding for
this application period is approximately $10 million.
Eligibility Criteria. To be eligible
for HDMGP funds, an applying organization must meet the following
criteria:
1. Must be a governmental agency
or a nonprofit private organization that is exempt from taxation under
Section 501(a), Internal Revenue Code of 1986, as an organization
described by Section 501(c)(3) of that code, that is a direct provider
of home-delivered meals to the elderly or persons with disabilities
in this state;
2. If a nonprofit private organization,
must have a volunteer board of directors;
3. Must practice nondiscrimination;
4. Must have an accounting system
or fiscal agent approved by the county in which it provides meals;
5. Must have a system to prevent
the duplication of services to the organization's clients;
6. Must agree to use funds received
under this section only to supplement and extend existing services
related directly to home-delivered meal services;
7. Must have received a grant from
the county in which the organization provides meals; and
8. Must submit the grant application
using the form provided by TDA;
9. Must submit a completed county
resolution form, as provided by TDA; and
10. Must comply with HDMGP rules
adopted by TDA (4 TAC §§1.950 - 1.962).
For purposes of this Grant Program, "Homebound" means a person
who is unable to leave his or her residence without aid or assistance
or whose ability to travel from his or her residence is substantially
impaired; "Elderly" means an individual who is 60 years of age or
older; and "Disability" means a physical, mental or developmental
impairment, temporarily or permanently limiting an individuals capacity
to adequately perform one or more essential activities of daily living,
which include, but are not limited to, personal and health care, moving
around, communicating and housekeeping.
Submitting an Application. Applications
will be accepted beginning September 1, 2009, and must be submitted
on the form provided by TDA. Application forms are currently available
on TDA's website at www.TexasAgriculture.gov, or available upon request
from TDA by calling (512) 463-6695. Applications must be submitted
to TDA headquarters in Austin, Texas. If mailing in the application,
please make sure it is in a properly addressed envelope, bearing sufficient
postage and postmarked no later than November 1, 2009
. Applications must be certified by the applicant, include
required supporting documentation, and bear the notarized signatures
of the organization's authorized official and board chair, if applicable.
An organization must submit a separate application for each county
in which it provides home-delivered meal services.
Deadline for Submission of Applications. The
postmark deadline for mailing of applications to TDA is November 1, 2009.
TDA will distribute funds after all valid applications are processed.
Funds must be distributed by February 1, 2010. In the event that the
amount qualifying grants exceeds the amount of funds available, funds
may be distributed on a pro rata basis.
Grant Agreement. Eligible organizations
that qualify to receive grant funds must execute a Grant Agreement
with TDA, prior to the disbursement of any grant funds.
Further Information. Additional information
about the HDMGP, the application process and program rules can be
found on TDA's website at www.TexasAgriculture.gov. In addition, organizations
may contact Ms. Lindsay Dickens, TDA Grants Specialist, at (512) 463-6695
or Lindsay.Dickens@TexasAgriculture.gov for more information.
TRD-200902448
Dolores Alvarado Hibbs
General Counsel
Texas Department of Agriculture
Filed: June 16, 2009
Statement of Purpose. Pursuant to
the Texas Agriculture Code Chapter 21, the Texas Department of Agriculture
(TDA) hereby requests proposals for projects, for the period October
1, 2009 through September 30, 2011, that collect and distribute surplus
Texas agricultural products to food banks and other charitable organizations
that serve needy or low-income individuals. For purposes of this request
for proposals, the term "Texas agricultural product" means an agricultural,
apicultural, horticultural, or vegetable food product, either in its
natural or processed state, that has been produced, processed, or
otherwise had value added to the product in this state, including:
(1) fish or other aquatic species; (2) livestock, a livestock product,
or a livestock by-product; (3) poultry, a poultry product, or a poultry
by-product; and (4) wildlife processed for food or by-products. In
addition to agricultural products grown in excess of a producer's
needs, the term "surplus" includes any products not meeting that definition
that are made available by a producer for distribution to food banks
and other charitable organizations that serve the needy or low-income
individuals.
Eligibility. Grant proposals will
be accepted from non-profit organizations that have a 501(c)(3) IRS
designation. These organizations must be established and operate under
religious, charitable or educational purposes and not financial gain.
Additionally, these organizations must not distribute any of their
income to their members, directors or officers. Organizations must
have at least 5 years of experience coordinating a statewide network
of food banks and charitable organizations that serve each of the
254 counties in this state.
Funding Parameters. Proposals are
limited to $1,000,000 per year for a total possible biennial budget
of $2,000,000. Funding is limited to the operation of a program that
coordinates the collection and transportation of surplus Texas agricultural
products to a statewide network of food banks that provide food to
the needy or low-income individuals.
TDA reserves the right to fund projects partially or fully. Where
more than one proposal is acceptable for funding, TDA may request
cooperation between grantees or revision/adjustment to a proposal
in order to avoid duplication and to realize the maximum benefit to
the state.
Eligible Expenses. Generally, expenses
that are necessary and reasonable for proper and efficient performance
and administration of a project are eligible; however, these expenses
must be properly documented with sufficient backup detail, including
copies of paid invoices. Examples of eligible expenditures are:
1. Personnel costs - both salary and benefits;
2. Travel - in-state only and incurred by grant personnel on official
grant-related business;
3. Equipment - nonexpendable, tangible personal property having
a useful life of more than one year and costs $5,000 or more;
4. Supplies and direct operating expenses - equipment that costs
less than $5,000, office supplies, postage, telecommunications, printing,
fidelity bond, packaging, collection, transportation, etc.; and
5. Indirect costs - no more than 10%.
Ineligible Expenses. Expenses that
are prohibited by state or federal law are ineligible. Examples of
these expenditures are:
1. Alcoholic beverages;
2. Entertainment;
3. Contributions - charitable or political;
4. Fundraising;
5. Expenses falling outside of the contract period;
6. Expenses for expenditures not specifically listed in the project
budget; and
7. Expenses that are not adequately documented.
Submission Requirements. Each proposal
must include the following criteria:
1. Cover sheet with project title, name, title, address, telephone
and fax numbers, and email address of the individual designated as
the point of contact.
2. Project summary, not to exceed one page.
3. Identification of the key personnel to be involved in the project,
including information on their experience.
4. Measurable goals - a description of realistic goals that are
measurable and potentially attainable.
5. Evaluation plan - a description of the method(s) to be used
to determine the success of the project.
6. Work plan - a description of how the collection and distribution
of surplus agriculture products will be accomplished.
7. Project budget - must be detailed with year 1 and year 2 expenditures
and include justification for proposed line item expenditures.
Reporting Requirements. Upon award,
the following reports will be required:
1. Narrative reports on a quarterly basis from one to three pages
in length detailing accomplishments of project objectives for the
time periods specified in the award document.
2. Final compliance narrative report shall be due either upon completion
of the project or thirty (30) days after the termination of the grant
project, whichever occurs first. The final report shall contain:
(a) A project summary - history of the project, objectives, importance,
effort, and results;
(b) Details pertaining to the measured goals and project evaluation;
(c) A description of the successes, challenges, and any limitations; and
(d) A description of future plans - include how the project will
continue after the grant is expended and how additional funding may
address expansion efforts.
3. Budget reports on a quarterly basis for the time periods specified
in the award document that details the grant award funds spent to
date.
General Compliance Information.
1. All grant awards are subject to the availability of appropriations
and authorizations by the Texas Legislature.
2. Any delegation by the Grantee to a subcontractor regarding any
duties and responsibilities imposed by the grant award shall be approved
in advance by TDA and shall not relieve the Grantee of its responsibilities
to TDA for their performance.
3. Any information or documentation submitted to TDA is subject
to disclosure under the Texas Public Information Act.
4. Awarded grant projects must remain in full compliance or be
subject to termination at the discretion of TDA.
5. Grant recipients must keep a separate bookkeeping account with
a complete record of all expenditures relating to the research project.
Records shall be maintained for three years after the completion of
the research project or as otherwise agreed upon with TDA. TDA and
the Texas State Auditor's Office reserve the right to examine all
books, documents, records, and accounts relating to the research project
at any time throughout the duration of the agreement and for three
years immediately following completion of the project. If there has
been any litigation, claim, negotiation, audit or other action started
prior to the expiration of the three-year period involving the records,
then the records must be retained until the completion of the action
and resolution of all issues which arise from it, or until the end
of the regular three-year period, whichever is later. TDA and the
Texas State Auditor's Office reserve the right to inspect the research
locations and to obtain from the research team full information regarding
all project activities.
6. If the Grantee has a financial audit performed in any year during
which Grantee receives funds from TDA, and if TDA requests information
about the audit, the Grantee shall provide such information to TDA
or provide information as to where the audit report can be publicly
viewed, including the audit transmittal letter, management letter,
and any schedules in which the Grantee's funds are included.
7. Grant awards to Texas institutions shall comply in all respects
with the Uniform Grant Management Standards (UGMS). A copy may be
downloaded from the following website: www.governor.state.tx.us/divisions/stategrants/guidelines/files/U
GMS012001.doc
Deadline for Submission of Responses. Responses
to this request should be submitted to Ms. Mindy Weth Fryer, Grants
Specialist, Texas Department of Agriculture, P.O. Box 12847, Austin,
Texas 78711. The street address is 1700 North Congress, 11th Floor,
Austin, Texas 78701. Fax: (888) 223-9048, e-mail: grants@TexasAgriculture.gov.
Submissions must be received no later than
5:00 p.m. on August 17, 2009.
TDA will send an acknowledgement receipt by email indicating the
response was received.
For questions regarding submission of the proposal and TDA documentation
requirements, please contact Ms. Mindy Weth Fryer, Grants Specialist,
at (512) 463-6908 or by email at grants@TexasAgriculture.gov.
TRD-200902447
Dolores Alvarado Hibbs
General Counsel
Texas Department of Agriculture
Filed: June 16, 2009
Request for Proposals for Consulting Services - Group Health Insurance Program for Children in the Title IV-D Caseload
The Texas Office of the Attorney General (OAG) Child Support Division
(CSD) is the state agency organizational unit required to develop
and implement a statewide integrated system for child support and
medical support enforcement required under part D of Title IV of the
Social Security Act (Title IV-D). The OAG was granted authority by
the 81st Texas Legislature to secure a group health insurance provider
and services of a third party administrator that will provide affordable
and accessible health insurance for children in the Title IV-D caseload
whose parents do not have employer sponsored health insurance or other
private health insurance and are not eligible for government sponsored
medical programs.
In accordance with Texas Government Code, Chapter 2254, the OAG
is issuing a Request for Proposals (RFP) for the OAG to enter into
contract(s) with one (or more) consultant(s) or a consulting firm
(the Consultant) with the competence, knowledge and qualifications
in the business of group health insurance and third party administration.
The Consultant(s) awarded the contract(s) shall assist and advise
the OAG in the development and implementation of a group health insurance
program for children in the Title IV-D caseload.
This is not the complete bid package. The complete bid package
will be available on or after June 26, 2009 and will be posted on
the Electronic State Business Daily (ESBD) found at http://esbd.cpa.state.tx.us/.
Search under Agency Name "OFFICE OF THE ATTORNEY GENERAL - 302" and
Search Type "SEARCH BID / PROCUREMENT OPPORTUNITIES."
Deadline for submitting a proposal pursuant to this RFP and actual
receipt by the OAG is Monday, July 27, 2009 at 2:00 p.m. (local time,
Austin Texas). Proposals received after this deadline will not be
accepted and will be returned to the originating source.
Point of Contact: Ted N. White, Assistant Attorney General, Office
of the Attorney General, Child Support Division (email: Ted.White@cs.oag.state.tx.us)
This agency hereby certifies that this notice has been reviewed
by legal counsel and found to be within the agency's authority to
publish.
For information regarding this publication,
contact Zindia Thomas, Agency Liaison, at (512) 936-9901.
TRD-200902450
Stacey Napier
Deputy Attorney General
Office of the Attorney General
Filed: June 16, 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 June 5, 2009, through June 11, 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 June 17, 2009.
The public comment period for this project will close at 5:00 p.m.
on July 17, 2009.
FEDERAL AGENCY ACTIONS:
Applicant: South Padre Island Economic Development
Corporation; Location: The project is located in wetlands adjacent
to Laguna Madre, at 6801 Padre Boulevard, or immediately south of
the Laguna Madre Water District, in South Padre Island, Cameron County,
Texas. The project can be located on the U.S.G.S. quadrangle map entitled:
Port Isabel, Texas. Approximate UTM Coordinates in NAD 27 (meters):
Zone 14; Easting: 682723; Northing: 2892002. Project Description:
The project consists of filling 0.63 acres of saltwater coastal flat
wetlands for the purpose of constructing a Marine Science Center,
which will house aquariums and associated equipment, a marine mammal
stranding facility, a lecture room, and associated parking for 80
to 90 vehicles. The applicant is proposing mitigation with the enhancement
of 1.0 to 1.3 acres of existing cattail wetlands that are located
between the project site and Laguna Madre. The applicant is also required
to compensate for the filling of 0.023 acres of adjacent wetlands
filled under Nationwide Permit 18 (SWG-2007-0858). CCC Project No.:
09-0181-F1. Type of Application: U.S.A.C.E. permit application #SWG-2009-00065
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).
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-200902454
Larry L. Laine
Chief Clerk/Deputy Land Commissioner, General Land Office
Coastal Coordination Council
Filed: June 17, 2009
Notice of Request for Proposals
Pursuant to Chapter 2254, Subchapter B, and §403.301 and §403.3011,
Texas Government Code; §§5.12, 5.13 and 5.102, Property
Tax Code; and Chapter 271, Local Government Code, the Comptroller
of Public Accounts (Comptroller) announces the issuance of a Request
for Proposals (RFP #195a) from qualified, independent firms to provide
consulting services to Comptroller. The successful respondent will
assist Comptroller in conducting Appraisal Standards Reviews (ASR)
of up to twenty-seven (27) county appraisal districts throughout the
state on an as-needed, as requested basis, and other related consulting
services. The successful respondent will be expected to begin performance
of the contract, if any, on or about September 1, 2009, or as soon
thereafter as practical.
Contact: Parties interested in submitting a proposal should contact
William Clay Harris, Assistant General Counsel, Contracts, Comptroller
of Public Accounts, 111 E. 17th St., Room 201, Austin, Texas 78774
(Issuing Office), telephone number: (512) 305-8673, to obtain a copy
of the RFP. Comptroller will mail copies of the RFP only to those
specifically requesting a copy. The RFP was made available for pick-up
at the above-referenced address on Friday, June 26, 2009, after 10:00
a.m., Central Zone Time (CZT), and during normal business hours thereafter.
Comptroller also made the complete RFP available electronically on
the Electronic State Business Daily at: http://esbd.cpa.state.tx.us
after 10:00 a.m. CZT on Friday, June 26, 2009.
Non-Mandatory Letters of Intent and Questions: All Non-Mandatory
Letters of Intent and questions regarding the RFP must be sent via
facsimile to Mr. Harris at: (512) 463-3669, not later than 2:00 p.m.
CZT, on Friday, July 10, 2009. Official responses to questions received
by the foregoing deadline will be posted electronically on the Electronic
State Business Daily no later than Friday, July 17, 2009, or as soon
thereafter as practical. Non-Mandatory Letters of Intent or Questions
received after the deadline will not be considered. Respondents shall
be solely responsible for confirming the timely receipt of Non-Mandatory
Letters of Intent and Questions in the Issuing Office.
Closing Date: Proposals must be received in the Assistant General
Counsel's Office at the address specified above (Room 201) no later
than 2:00 p.m. CZT, on Friday, July 24, 2009. Proposals received after
this time and date will not be considered. Proposals will not be accepted
from respondents that do not submit proposals by the foregoing deadline.
Respondents shall be solely responsible for confirming the timely
receipt of proposals in the Issuing Office.
Evaluation and Award Procedure: All proposals will be subject to
evaluation by a committee based on the evaluation criteria and procedures
set forth in the RFP. Comptroller will make the final decision regarding
the award of a contract under this RFP. Comptroller reserves the right
to accept or reject any or all proposals submitted. Comptroller is
under no legal or other obligation to execute any contracts on the
basis of this notice or the distribution of any RFP. Comptroller shall
not pay for any costs incurred by any entity in responding to this
Notice or the RFP.
The anticipated schedule of events is as follows: Issuance of RFP
- June 26, 2009, after 10:00 a.m. CZT; Non-Mandatory Letters of Intent
and Questions Due - July 10, 2009, 2:00 p.m. CZT; Official Responses
to Questions Posted - July 17, 2009, or as soon thereafter as practical;
Proposals Due - July 24, 2009, 2:00 p.m. CZT; Contract Execution -
August 13, 2009, or as soon thereafter as practical; Commencement
of Project Activities - September 1, 2009, or as soon thereafter as
practical.
TRD-200902461
Pamela Smith
Deputy General Counsel for Contracts
Comptroller of Public Accounts
Filed: June 17, 2009
Notice of Rate Ceilings
The Consumer Credit Commissioner of Texas has ascertained the following
rate ceilings by use of the formulas and methods described in §§303.003,
303.009, and 304.003, Texas Finance Code.
The weekly ceiling as prescribed by §303.003 and §303.009
for the period of 06/22/09 - 06/28/09 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 06/22/09 - 06/28/09 is 18% for Commercial over $250,000.
The judgment ceiling as prescribed by §304.003 for the period
of 07/01/09 - 07/31/09 is 5.00% for Consumer/Agricultural/Commercial/credit
through $250,000.
The judgment ceiling as prescribed by §304.003 for the period
of 07/01/09 - 07/31/09 is 5.00% for Commercial over $250,000.
1Credit for personal, family or household use.
2Credit for business, commercial,
investment or other similar purpose.
TRD-200902442
Leslie L. Pettijohn
Commissioner
Office of Consumer Credit Commissioner
Filed: June 16, 2009
Notice of Final Action Taken
In accordance with the provisions of 7 TAC §91.103, the Credit
Union Department provides notice of the final action taken on the
following applications:
Applications to Expand Field of Membership - Approved
Bluebonnet Credit Union, Houston, Texas - See Texas Register
issue, dated March 27, 2009.
Texas Dow Employees Credit Union, Lake Jackson, Texas - See Texas Register
issue, dated March 27, 2009.
TRD-200902453
Harold E. Feeney
Commissioner
Credit Union Department
Filed: June 17, 2009
Agreed Orders
The Texas Commission on Environmental Quality (TCEQ or commission)
staff is providing an opportunity for written public comment on the
listed Agreed Orders (AOs) in accordance with Texas Water Code (the
Code), §7.075. Section 7.075 requires that before the commission
may approve the AOs, the commission shall allow the public an opportunity
to submit written comments on the proposed AOs. Section 7.075 requires
that notice of the proposed orders and the opportunity to comment
must be published in the Texas Register no
later than the 30th day before the date on which the public comment
period closes, which in this case is July 27, 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 July 27, 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: Darrell Hall dba 2620 Estates; DOCKET NUMBER: 2008-0834-PWS-E;
IDENTIFIER: RN103018818; LOCATION: Grimes County; TYPE OF FACILITY:
public water supply (PWS); RULE VIOLATED: 30 Texas Administrative
Code (TAC) §290.110(b)(4), by failing to maintain a free chlorine
residual of at least 0.2 milligrams per liter (mg/L) throughout the
distribution system; 30 TAC §290.39(m), by failing to provide
written notification to the commission of the startup of a new PWS
system; 30 TAC §290.39(e)(1) and Texas Health and Safety Code
(THSC), §341.035(c), by failing to submit detailed engineering
reports prior to activating a new PWS system; 30 TAC §290.42(e)(3),
by failing to provide disinfection equipment; and 30 TAC §290.41(c)(3)(O)
and §290.43(e), by failing to provide an intruder-resistant fence;
PENALTY: $6,885; ENFORCEMENT COORDINATOR: Stephen Thompson, (512)
239-2558; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas
76710-7826, (254) 751-0335.
(2) COMPANY: Air Liquide Large Industries U.S. LP; DOCKET NUMBER:
2009-0222-AIR-E; IDENTIFIER: RN100233998; LOCATION: Pasadena, Harris
County; TYPE OF FACILITY: steam producing and electricity plant; RULE
VIOLATED: 30 TAC §116.115(c) and §122.143(4), Air Permit
Number 56212, Special Condition (SC) Number 2A, Federal Operating
Permit (FOP) Number 1735, Special Terms and Conditions (STC) Number
5, and THSC, §382.085(b), by failing to comply with the permitted
limit of 0.06 pound per million British Thermal Units per hour of
nitrogen oxide (NOx); 30 TAC §116.115(c)
and §122.143(4), Air Permit Number 9346, SC Number 4, FOP Number
1735, STC Number 5, and THSC, §382.085(b), by failing to comply
with the permitted limit of NOx emissions;
30 TAC §116.115(c) and §122.143(4), Air Permit Number 73110,
SC Number 8B, FOP Number 1735, STC Number 5, and THSC, §382.085(b),
by failing to comply with the permitted parts per million limit of
carbon monoxide; and 30 TAC §§122.143(4), 122.145(2)(A),
and 122.146(5)(C), FOP Number 1735, General Terms and Conditions (GTC),
and THSC, §382.085(b), by failing to include the NOx
exceedances in the permit compliance certification
reports and deviation reports; PENALTY: $82,455; Supplemental Environmental
Project (SEP) offset amount of $32,982 applied to Houston-Galveston
AERCO's Clean Cities/Clean Vehicles Program; ENFORCEMENT COORDINATOR:
Nadia Hameed, (713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite
H, Houston, Texas 77023-1452, (713) 767-3500.
(3) COMPANY: Aqua Utilities, Inc. dba Aqua Texas, Inc.; DOCKET
NUMBER: 2009-0354-MWD-E; IDENTIFIER: RN102957024; LOCATION: Hood County;
TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1),
Texas Pollutant Discharge Elimination System (TPDES) Permit Number
WQ0013022001, Effluent Limitations and Monitoring Requirements Number
1, and the Code, §26.121(a), by failing to comply with the permitted
effluent limitations for five-day carbonaceous biochemical oxygen
demand and total suspended solids (TSS); and 30 TAC §305.125(17)
and TPDES Permit Number WQ0013022001, Monitoring and Reporting Requirements
Number 1, by failing to timely submit monitoring results at the intervals
specified in the permit; PENALTY: $3,520; ENFORCEMENT COORDINATOR:
Tom Jecha, (512) 239-2576; REGIONAL OFFICE: 2309 Gravel Drive, Fort
Worth, Texas 76118-6951, (817) 588-5800.
(4) COMPANY: B & B Ready Mix, Inc.; DOCKET NUMBER: 2009-0461-AIR-E;
IDENTIFIER: RN104188784; LOCATION: Seagoville, Dallas County; TYPE
OF FACILITY: concrete batch plant; RULE VIOLATED: 30 TAC §116.115(b)
and (c) and §116.615(9), Standard Permit Number 50248, General
Requirements, and THSC, §382.085(b), by failing to maintain air
pollution emission capture and abatement equipment in good working
order and working properly during normal operations and by failing
to meet a performance standard of no visible emissions exceeding 30
seconds in any six-minute period from the batch drop point; PENALTY:
$970; ENFORCEMENT COORDINATOR: Suzanne Walrath, (512) 239-2134; REGIONAL
OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(5) COMPANY: D & M Water Supply Corporation; DOCKET NUMBER:
2009-0261-PWS-E; IDENTIFIER: RN101441533; LOCATION: Douglass, Nacogdoches
County; TYPE OF FACILITY: PWS; RULE VIOLATED: 30 TAC §290.46(q)(1),
by failing to issue a boil water notification; and 30 TAC §290.51(a)(3)
and the Code, §5.702, by failing to pay all annual and late public
health service fees; PENALTY: $620; ENFORCEMENT COORDINATOR: Amanda
Henry, (713) 767-3500; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont,
Texas 77703-1830, (409) 898-3838.
(6) COMPANY: Eagle Rock Field Services, L.P.; DOCKET NUMBER: 2009-0331-AIR-E;
IDENTIFIER: RN100220557; LOCATION: Dumas, Moore County; TYPE OF FACILITY:
natural gas compressor station; RULE VIOLATED: 30 TAC §122.143(4)
and §122.145(2)(A) and (B), FOP Number O-00490, GTC, and THSC, §382.085(b),
by failing to submit a deviation report; PENALTY: $1,875; ENFORCEMENT
COORDINATOR: Danielle Porras, (512) 239-2602; REGIONAL OFFICE: 3918
Canyon Drive, Amarillo, Texas 79109-4933, (806) 353-9251.
(7) COMPANY: City of Encinal; DOCKET NUMBER: 2009-0075-IHW-E; IDENTIFIER:
RN105025902; LOCATION: near Encinal, Webb County; TYPE OF FACILITY:
property; RULE VIOLATED: 30 TAC §327.5(a), by failing to immediately
abate and contain a spill or discharge and remove the discharged or
spilled substance; PENALTY: $1,270; ENFORCEMENT COORDINATOR: John
Shelton, (512) 239-2563; REGIONAL OFFICE: 1804 West Jefferson Avenue,
Harlingen, Texas 78550-5427, (956) 425-6010.
(8) COMPANY: Equalizer, Inc.; DOCKET NUMBER: 2009-0446-AIR-E; IDENTIFIER:
RN105020903; LOCATION: Waco, McLennan County; TYPE OF FACILITY: liquid
fertilizer processing plant; RULE VIOLATED: 30 TAC §101.4 and
THSC, §382.085(a) and (b), by failing to prevent nuisance dust
emissions from impacting off property receptors; PENALTY: $800; ENFORCEMENT
COORDINATOR: Kirk Schoppe, (512) 239-0489; REGIONAL OFFICE: 6801 Sanger
Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.
(9) COMPANY: City of Groveton; DOCKET NUMBER: 2008-1769-MWD-E;
IDENTIFIER: RN102844297; LOCATION: Groveton, Trinity County; TYPE
OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1),
TPDES Permit Number WQ0010556001, Interim Effluent Limitations and
Monitoring Requirements Numbers 1 and 6, and the Code, §26.121(a)(1),
by failing to comply with permitted effluent limits; and 30 TAC §305.125(1)
and (17) and TPDES Permit Number WQ0010556001, Monitoring and Reporting
Requirements Number 1, by failing to provide monitoring results at
the intervals specified in the permit; PENALTY: $31,531; SEP offset
amount of $31,531 applied to repairing or replacing failing or inadequately
designed private sewer lines, access units, and clean-outs for low-income
residents; ENFORCEMENT COORDINATOR: Pamela Campbell, (512) 239-4493;
REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1830,
(409) 898-3838.
(10) COMPANY: Harris County Municipal Utility District Number 109;
DOCKET NUMBER: 2009-0305-MWD-E; IDENTIFIER: RN102178191; LOCATION:
Humble, Harris County; TYPE OF FACILITY: wastewater treatment; RULE
VIOLATED: 30 TAC §305.125(1), TPDES Permit Number WQ0011533001,
Final Effluent Limitations and Monitoring Requirements Number 2, and
the Code, §26.121(a), by failing to maintain the permitted effluent
limits for total chlorine residual after de-chlorination; PENALTY:
$10,000; SEP offset amount of $10,000 applied to Gulf Coast Waste
Disposal Authority - River, Lakes, Bay 'N Bayous Trash Bash; ENFORCEMENT
COORDINATOR: Jorge Ibarra, (817) 588-5800; REGIONAL OFFICE: 5425 Polk
Avenue, Suite H, Houston, Texas 77023-1452, (713) 767-3500.
(11) COMPANY: Huntsman Petrochemical Corporation; DOCKET NUMBER:
2009-0330-AIR-E; IDENTIFIER: RN100219252; LOCATION: Port Neches, Jefferson
County; TYPE OF FACILITY: chemical manufacturing plant; RULE VIOLATED:
30 TAC §116.115(c) and §122.143(4), Air Permit Number 19823,
SC Number 1, FOP Number O-02288, SC Number 16, and THSC, §382.085(b),
by failing to prevent unauthorized emissions; PENALTY: $19,050; SEP
offset amount of $7,620 applied to Jefferson County - Retrofit/Replacement
of Heavy Equipment and Vehicles with Alternative Fueled Equipment
and Vehicles; ENFORCEMENT COORDINATOR: Rebecca Johnson, (361) 825-3100;
REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1830,
(409) 898-3838.
(12) COMPANY: INEOS NOVA LLC; DOCKET NUMBER: 2009-0209-AIR-E; IDENTIFIER:
RN100542224; LOCATION: Pasadena, Harris County; TYPE OF FACILITY:
chemical plant; RULE VIOLATED: 30 TAC §116.115(c), Air Permit
Number 5252, SC Number 1, and THSC, §382.085(b), by failing to
prevent unauthorized emissions; and 30 TAC §101.201(a)(1)(B)
and THSC, §382.085(b), by failing to notify the TCEQ within 24
hours when the benzene emissions exceeded the reportable quantity;
PENALTY: $5,642; SEP offset amount of $2,257 applied to Houston Regional
Monitoring Corporation - Houston area Monitoring; ENFORCEMENT COORDINATOR:
Nadia Hameed, (713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite
H, Houston, Texas 77023-1452, (713) 767-3500.
(13) COMPANY: McMullen County Water Control and Improvement District
2; DOCKET NUMBER: 2009-0125-PWS-E; IDENTIFIER: RN101398808; LOCATION:
McMullen County; TYPE OF FACILITY: PWS; RULE VIOLATED: 30 TAC §290.41(c)(3)(J),
by failing to provide a concrete sealing block around the wellhead;
30 TAC §290.46(f)(2) and (3)(E)(iv), by failing to provide water
system records to commission personnel upon request; 30 TAC §290.46(i),
by failing to adopt an adequate plumbing ordinance, regulations, or
service agreement with provisions for proper enforcement to ensure
that neither cross-connections nor other unacceptable plumbing practices
are permitted; 30 TAC §290.46(m)(1)(A), by failing to perform
an annual inspection of the facility's ground storage tanks; and 30
TAC §290.46(m)(1)(B), by failing to perform an annual inspection
of the facility's pressure tank; PENALTY: $972; ENFORCEMENT COORDINATOR:
Andrea Linson-Mgbeoduru, (512) 239-1482; REGIONAL OFFICE: 6300 Ocean
Drive, Suite 1200, Corpus Christi, Texas 78412-5839, (361) 825-3100.
(14) COMPANY: Mobil Chemical Company Inc.; DOCKET NUMBER: 2009-0193-AIR-E;
IDENTIFIER: RN100211903; LOCATION: Beaumont, Jefferson County; TYPE
OF FACILITY: polyethylene plastic manufacturing plant; RULE VIOLATED:
30 TAC §116.115(b)(2)(F) and (c) and §122.143(4), New Source
Review Permit Number 6860, SC Number 1, FOP Number O-01243, GTC and
STC Number 10A, and THSC, §382.085(b), by failing to prevent
unauthorized emissions; PENALTY: $3,675; SEP offset amount of $1,470
applied to Jefferson County - Retrofit/Replacement of Heavy Equipment
and Vehicles with Alternative Fueled Equipment and Vehicles; ENFORCEMENT
COORDINATOR: Kirk Schoppe, (512) 239-0489; REGIONAL OFFICE: 3870 Eastex
Freeway, Beaumont, Texas 77703-1830, (409) 898-3838.
(15) COMPANY: T R Moore; DOCKET NUMBER: 2009-0792-OSI-E; IDENTIFIER:
RN105705081; LOCATION: Woodville, Tyler County; TYPE OF FACILITY:
on site sewage; RULE VIOLATED: 30 TAC §30.5(a), by failing to
obtain a required occupational license; PENALTY: $210; ENFORCEMENT
COORDINATOR: Kirk Schoppe, (512) 239-0489; REGIONAL OFFICE: 3870 Eastex
Freeway, Beaumont, Texas 77703-1830, (409) 898-3838.
(16) COMPANY: North San Saba Water Supply Corporation; DOCKET NUMBER:
2009-0413-PWS-E; IDENTIFIER: RN101225613; LOCATION: San Saba, San
Saba County; TYPE OF FACILITY: PWS; RULE VIOLATED: 30 TAC §290.109(c)(1)(A),
by failing to collect routine distribution coliform samples; 30 TAC §290.46(f)(2)
and (3)(D)(ii), by failing to provide water system records to commission
personnel at the time of the investigation; 30 TAC §290.46(i),
by failing to adopt an adequate plumbing ordinance, regulations, or
service agreement with provisions for proper enforcement to ensure
that neither cross-connections nor other unacceptable plumbing practices
are permitted; 30 TAC §290.41(c)(3)(O) and §290.43(e), by
failing to enclose all well units and storage tanks with an intruder-resistant
fence; 30 TAC §290.46(m)(4), by failing to maintain all treatment
units, storage and pressure maintenance facilities, distribution system
lines and related appurtenances in a watertight condition; 30 TAC §290.45(b)(1)(D)(iv)
and THSC, §341.0315(c), by failing to provide an elevated storage
capacity of 100 gallons per connection; and 30 TAC §290.45(b)(1)(D)(iii)
and THSC, §341.0315(c), by failing to provide two or more service
pumps having a total capacity of two gallons per minute (gpm) per
connection; PENALTY: $1,274; ENFORCEMENT COORDINATOR: Epifanio Villarreal,
(316) 825-3100; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco,
Texas 76710-7826, (254) 751-0335.
(17) COMPANY: Paint Rock Independent School District; DOCKET NUMBER:
2009-0411-PST-E; IDENTIFIER: RN101864007; LOCATION: Paint Rock, Concho
County; TYPE OF FACILITY: school bus fleet fueling and maintenance;
RULE VIOLATED: 30 TAC §334.8(c)(5)(A)(iii), by failing to ensure
that a valid, current TCEQ delivery certificate is posted at the facility
in a location where it is clearly visible at all times; 30 TAC §334.10(b),
by failing to maintain underground storage tank (UST) records and
make them immediately available for inspection upon request; 30 TAC §334.50(b)(1)(A)
and the Code, §26.3475(c)(1), by failing to monitor the UST for
releases; 30 TAC §334.50(d)(1)(B)(ii) and the Code, §26.3475(c)(1),
by failing to conduct reconciliation of detailed inventory control
records; and 30 TAC §334.50(d)(1)(B)(iii)(IV) and the Code, §26.3475(c)(1),
by failing to measure any water level in the bottom of the tank to
the nearest 1/8-inch at least once a month and make appropriate adjustments
to the inventory control records; PENALTY: $4,900; SEP offset amount
of $3,920 applied to Texas Parent Teacher Association (PTA) - Clean School Bus Program
; ENFORCEMENT COORDINATOR:
Rajesh Acharya, (512) 239-0577; REGIONAL OFFICE: 622 South Oakes,
Suite K, San Angelo, Texas 76903-7035, (325) 655-9479.
(18) COMPANY: Robert E. Baker and Pleasure Point Homeowners Association,
Inc. dba Pleasure Point Water Supply Corporation; DOCKET NUMBER: 2008-1850-PWS-E;
IDENTIFIER: RN101281749; LOCATION: Angelina County; TYPE OF FACILITY:
PWS; 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 (TTHM); 30 TAC §290.113(f)(5) and THSC, §341.0315(c),
by failing to comply with the MCL for haloacetic acid; 30 TAC §290.41(c)(3)(N),
by failing to provide well number 3 with a flow measuring device to
measure production yields and provide for the accumulation of water
production data; 30 TAC §290.46(m), by failing to initiate maintenance
and housekeeping practices to ensure the good working condition and
general appearance of the facility and its equipment; 30 TAC §290.46(m)(1)(A),
by failing to perform an annual inspection on each of the facility's
ground storage tanks; 30 TAC §290.46(m)(1)(B), by failing to
perform an annual inspection on each of the facility's pressure tanks;
30 TAC §290.43(c)(3), by failing to provide the overflow on the
ground storage tanks with a gravity-hinged and weighted cover that
fits tightly with no gap over 1/16-inch; 30 TAC §290.46(d)(2)(A)
and §290.110(b)(4), by failing to operate the disinfection equipment
to maintain the residual disinfectant concentration in the water within
the distribution system at least 0.2 mg/L of free chlorine; 30 TAC §290.46(f)(3)(A)(i)(III),
(ii)(III), (iv), (D)(i), and (i), by failing to maintain and make
available to the commission upon request an accurate and up-to-date
record of water works operation and maintenance activities; 30 TAC §290.41(c)(1)(F),
by failing to provide sanitary control easements covering all land
within 150 feet of the facility's wells; 30 TAC §290.45(b)(1)(C)(i)
and THSC, §341.0315(c), by failing to provide a minimum well
capacity of 0.6 gpm per connection; 30 TAC §29.45(b)(1)(C)(ii)
and THSC, §341.0315(c), by failing to provide a total storage
capacity of 200 gallons per connection; 30 TAC §290.45(b)(1)(C)(iii)
and THSC, §341.0315(c), by failing to provide two or more service
pumps having a total capacity of two gpm per connection; 30 TAC §290.45(b)(1)(C)(iv)
and THSC, §341.0315(c), by failing to provide a pressure tank
capacity of 20 gallons per connection; 30 TAC §290.46(n)(2),
by failing to provide an accurate and up-to-date map of the distribution
system; and 30 TAC §290.121(a) and (b), by failing to have a
complete and up-to-date chemical and microbiological monitoring plan;
PENALTY: $6,773; ENFORCEMENT COORDINATOR: Andrea Linson-Mgbeoduru,
(512) 239-1482; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas
77703-1830, (409) 898-3838.
(19) COMPANY: City of Queen City; DOCKET NUMBER: 2009-0515-PWS-E;
IDENTIFIER: RN101388858; LOCATION: Queen City, Cass County; TYPE OF
FACILITY: PWS; RULE VIOLATED: 30 TAC §290.113(f)(4), TCEQ Agreed
Order Docket Number 2005-0658-PWS-E, Ordering Provision Number 2.d.,
and THSC, §341.0315(c), by failing to comply with the MCL for
TTHM; PENALTY: $745; ENFORCEMENT COORDINATOR: Yuliya Dunaway, (210)
490-3096; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3734,
(903) 535-5100.
(20) COMPANY: City of Savoy; DOCKET NUMBER: 2009-0418-MWD-E; IDENTIFIER:
RN102921988; LOCATION: Fannin County; TYPE OF FACILITY: wastewater
treatment; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number
WQ0014273001, Effluent Limitations and Monitoring Requirements Numbers
1 and 2, and the Code, §26.121(a), by failing to comply with
permit effluent limits for biochemical oxygen demand, TSS, and total
residual chlorine; PENALTY: $7,500; ENFORCEMENT COORDINATOR: Steve
Villatoro, (512) 239-4930; REGIONAL OFFICE: 2309 Gravel Drive, Fort
Worth, Texas 76118-6951, (817) 588-5800.
(21) COMPANY: Shore-Tech, Inc. dba L & M Water Development
Company; DOCKET NUMBER: 2008-0329-PWS-E; IDENTIFIER: RN102685351;
LOCATION: Galveston County; TYPE OF FACILITY: PWS; RULE VIOLATED:
30 TAC §290.113(f)(4) and THSC, §341.0315(c), by failing
to comply with the MCL for TTHM; and 30 TAC §290.51(a)(3), by
failing to pay all annual and late public health service fees; PENALTY:
$352; ENFORCEMENT COORDINATOR: Stephen Thompson, (512) 239-2558; REGIONAL
OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1452, (713)
767-3500.
(22) COMPANY: Stallion Oilfield Services Limited; DOCKET NUMBER:
2009-0496-WR-E; IDENTIFIER: RN105695357; LOCATION: Fort Worth, Tarrant
County; TYPE OF FACILITY: water diversion site; RULE VIOLATED: 30
TAC §297.11 and the Code, §11.121, by failing to obtain
a water right permit prior to diverting, storing, impounding, taking,
or using water of the state; PENALTY: $575; ENFORCEMENT COORDINATOR:
Evette Alvarado, (512) 239-2573; REGIONAL OFFICE: 2309 Gravel Drive,
Fort Worth, Texas 76118-6951, (817) 588-5800.
(23) COMPANY: Jim West; DOCKET NUMBER: 2009-0828-WOC-E; IDENTIFIER:
RN105116404; LOCATION: Limestone County; TYPE OF FACILITY: licensing;
RULE VIOLATED: 30 TAC §30.5(a), by failing to obtain a required
occupational license; PENALTY: $210; ENFORCEMENT COORDINATOR: Kirk
Schoppe, (512) 239-0489; REGIONAL OFFICE: 6801 Sanger Avenue, Suite
2500, Waco, Texas 76710-7826, (254) 751-0335.
(24) COMPANY: Fred S. Williams Jr.; DOCKET NUMBER: 2009-0794-WOC-E;
IDENTIFIER: RN105709893; LOCATION: near Chillicothe, Wilbarger County;
TYPE OF FACILITY: licensing; RULE VIOLATED: 30 TAC §30.5(a),
by failing to obtain a required occupational license; PENALTY: $210;
ENFORCEMENT COORDINATOR: Kirk Schoppe, (512) 239-0489; REGIONAL OFFICE:
1977 Industrial Boulevard, Abilene, Texas 79602-7833, (325) 698-9674.
(25) COMPANY: WW Webber, Inc.; DOCKET NUMBER: 2009-0796-WQ-E; IDENTIFIER:
RN104143714; LOCATION: Vidor, Orange County; TYPE OF FACILITY: highway
and street construction; RULE VIOLATED: 30 TAC §281.25(a)(4),
by failing to obtain a construction general permit; PENALTY: $700;
ENFORCEMENT COORDINATOR: Harvey Wilson, (512) 239-0321; REGIONAL OFFICE:
3870 Eastex Freeway, Beaumont, Texas 77703-1830, (409) 898-3838.
TRD-200902437
Kathleen C. Decker
Director, Litigation Division
Texas Commission on Environmental Quality
Filed: June 16, 2009
An agreed order was entered regarding Evans Weaver, Docket No.
2007-0393-LII-E on June 5, 2009 assessing $625 in administrative penalties.
Information concerning any aspect of this order may be obtained
by contacting Becky Combs, Staff Attorney at (512) 239-6939, Texas
Commission on Environmental Quality, P.O. Box 13087, Austin, Texas
78711-3087.
An agreed order was entered regarding Olmito Water Supply Corporation,
Docket No. 2007-0686-MWD-E on June 5, 2009 assessing $8,800 in administrative
penalties.
Information concerning any aspect of this order may be obtained
by contacting Gary Shiu, Staff Attorney at (713) 767-3500, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Dolores A. Luke dba Big Horn
Services, Docket No. 2007-0743-MLM-E on June 5, 2009 assessing $1,730
in administrative penalties.
Information concerning any aspect of this order may be obtained
by contacting Barham Richard, Staff Attorney at (512) 239-0600, Texas
Commission on Environmental Quality, P.O. Box 13087, Austin, Texas
78711-3087.
An agreed order was entered regarding Price Construction, Ltd.,
Docket No. 2007-0876-AIR-E on June 5, 2009 assessing $5,145 in administrative
penalties.
Information concerning any aspect of this order may be obtained
by contacting Lena Roberts, Staff Attorney at (512) 239-0019, Texas
Commission on Environmental Quality, P.O. Box 13087, Austin, Texas
78711-3087.
An agreed order was entered regarding International Airport Square
Investments, Ltd. dba Roadway Inn International Airport, Docket No.
2007-1014-MWD-E on June 5, 2009 assessing $39,900 in administrative
penalties.
Information concerning any aspect of this order may be obtained
by contacting Kari Gilbreth, Staff Attorney at (512) 239-1320, Texas
Commission on Environmental Quality, P.O. Box 13087, Austin, Texas
78711-3087.
An agreed order was entered regarding City of Newark, Docket No.
2007-1065-MWD-E on June 5, 2009 assessing $21,812 in administrative
penalties.
Information concerning any aspect of this order may be obtained
by contacting Gary Shiu, Staff Attorney at (713) 767-3500, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding West Houston Airport Corporation,
Docket No. 2007-1726-MWD-E on June 5, 2009 assessing $28,980 in administrative
penalties with $5,796 deferred.
Information concerning any aspect of this order may be obtained
by contacting Merrilee Hupp, Enforcement Coordinator at (512) 239-4490,
Texas Commission on Environmental Quality, P.O. Box 13087, Austin,
Texas 78711-3087.
A default order was entered regarding Joel Garza, Docket No. 2007-1830-MLM-E
on June 5, 2009 assessing $2,370 in administrative penalties.
Information concerning any aspect of this order may be obtained
by contacting Rudy Calderon, Staff Attorney at (512) 239-0600, Texas
Commission on Environmental Quality, P.O. Box 13087, Austin, Texas
78711-3087.
An agreed order was entered regarding Tony Hutcheson dba Elm Grove
Mobile Home Park, Docket No. 2007-1911-PWS-E on June 5, 2009 assessing
$2,062 in administrative penalties.
Information concerning any aspect of this order may be obtained
by contacting Tommy Henson, Staff Attorney at (512) 239-0946, Texas
Commission on Environmental Quality, P.O. Box 13087, Austin, Texas
78711-3087.
An agreed order was entered regarding Danny Wilde, Docket No. 2008-0097-MSW-E
on June 5, 2009 assessing $5,025 in administrative penalties.
Information concerning any aspect of this order may be obtained
by contacting Benjamin Thompson, Staff Attorney at (512) 239-0600,
Texas Commission on Environmental Quality, P.O. Box 13087, Austin,
Texas 78711-3087.
A default order was entered regarding Shobhana Patel dba Bear Food
Mart, Docket No. 2008-0123-PST-E on June 5, 2009 assessing $1600 in
administrative penalties.
Information concerning any aspect of this order may be obtained
by contacting Benjamin Thompson, Staff Attorney at (512) 239-0600,
Texas Commission on Environmental Quality, P.O. Box 13087, Austin,
Texas 78711-3087.
A default order was entered regarding Curtis Cashion, Docket No.
2008-0176-PST-E on June 5, 2009 assessing $7,875 in administrative
penalties.
Information concerning any aspect of this order may be obtained
by contacting Stephanie Frazee, Staff Attorney at (512) 239-0600,
Texas Commission on Environmental Quality, P.O. Box 13087, Austin,
Texas 78711-3087.
An agreed order was entered regarding Patriot Car Wash LLC, Docket
No. 2008-0235-WQ-E on June 5, 2009 assessing $1,070 in administrative
penalties.
Information concerning any aspect of this order may be obtained
by contacting Benjamin Thompson, Staff Attorney at (512) 239-0600,
Texas Commission on Environmental Quality, P.O. Box 13087, Austin,
Texas 78711-3087.
A default order was entered regarding Charlie Parrish dba Parrish
Country Store, Docket No. 2008-0252-PST-E on June 5, 2009 assessing
$7,875 in administrative penalties.
Information concerning any aspect of this order may be obtained
by contacting Benjamin Thompson, Staff Attorney at (512) 239-0600,
Texas Commission on Environmental Quality, P.O. Box 13087, Austin,
Texas 78711-3087.
A default order was entered regarding Linda Hill Barton, Docket
No. 2008-0425-PST-E on June 5, 2009 assessing $7,875 in administrative
penalties.
Information concerning any aspect of this order may be obtained
by contacting Rudy Calderon, Staff Attorney at (512) 239-0600, Texas
Commission on Environmental Quality, P.O. Box 13087, Austin, Texas
78711-3087.
A default order was entered regarding Patricia A. Farris, Docket
No. 2008-0436-PST-E on June 5, 2009 assessing $6,300 in administrative
penalties.
Information concerning any aspect of this order may be obtained
by contacting Benjamin Thompson, Staff Attorney at (512) 239-0600,
Texas Commission on Environmental Quality, P.O. Box 13087, Austin,
Texas 78711-3087.
A default order was entered regarding Silvester and Martha Martinez,
Docket No. 2008-0537-MSW-E on June 5, 2009 assessing $1,050 in administrative
penalties.
Information concerning any aspect of this order may be obtained
by contacting Xavier Guerra, Staff Attorney at (210) 403-4016, Texas
Commission on Environmental Quality, P.O. Box 13087, Austin, Texas
78711-3087.
A default order was entered regarding Kermit Willett, Docket No.
2008-0567-MLM-E on June 5, 2009 assessing $2290 in administrative
penalties.
Information concerning any aspect of this order may be obtained
by contacting Benjamin Thompson, Staff Attorney at (512) 239-0600,
Texas Commission on Environmental Quality, P.O. Box 13087, Austin,
Texas 78711-3087.
An agreed order was entered regarding City of Crandall, Docket
No. 2008-0589-MWD-E on June 5, 2009 assessing $63,616 in administrative
penalties with $63,616 deferred.
Information concerning any aspect of this order may be obtained
by contacting Tom Jecha, Enforcement Coordinator at (512) 239-2576,
Texas Commission on Environmental Quality, P.O. Box 13087, Austin,
Texas 78711-3087.
A default order was entered regarding Jimmy Miller, Executor of
the Latham Miller Estate, Docket No. 2008-0666-PST-E on June 5, 2009
assessing $11,550 in administrative penalties.
Information concerning any aspect of this order may be obtained
by contacting Stephanie Frazee, Staff Attorney at (512) 239-0600,
Texas Commission on Environmental Quality, P.O. Box 13087, Austin,
Texas 78711-3087.
A default order was entered regarding Danny J. Shipman, Jr. dba
Kim's Septic Service, Docket No. 2008-0912-SLG-E on June 5, 2009 assessing
$1,530 in administrative penalties.
Information concerning any aspect of this order may be obtained
by contacting Stephanie Frazee, Staff Attorney at (512) 239-0600,
Texas Commission on Environmental Quality, P.O. Box 13087, Austin,
Texas 78711-3087.
A default order was entered regarding Carmen Martinez, Docket No.
2008-0914-PST-E on June 5, 2009 assessing $22,050 in administrative
penalties.
Information concerning any aspect of this order may be obtained
by contacting Stephanie Frazee, Staff Attorney at (512) 239-0600,
Texas Commission on Environmental Quality, P.O. Box 13087, Austin,
Texas 78711-3087.
A default order was entered regarding JMJ Organics LTD, Docket
No. 2008-0964-MSW-E on June 5, 2009 assessing $6,539 in administrative
penalties.
Information concerning any aspect of this order may be obtained
by contacting Laurencia Fasoyiro, Staff Attorney at (713) 422-8914,
Texas Commission on Environmental Quality, P.O. Box 13087, Austin,
Texas 78711-3087.
A default order was entered regarding Cain Addition HomeOwners
Association CAHA, Docket No. 2008-0975-PWS-E on June 5, 2009 assessing
$1,850 in administrative penalties.
Information concerning any aspect of this order may be obtained
by contacting Laurencia Fasoyiro, Staff Attorney at (713) 422-8914,
Texas Commission on Environmental Quality, P.O. Box 13087, Austin,
Texas 78711-3087.
A default order was entered regarding S & J Endeavors, L.L.C.,
Docket No. 2008-0998-WQ-E on June 5, 2009 assessing $2,100 in administrative
penalties.
Information concerning any aspect of this order may be obtained
by contacting Stephanie Frazee, Staff Attorney at (512) 239-0600,
Texas Commission on Environmental Quality, P.O. Box 13087, Austin,
Texas 78711-3087.
A default order was entered regarding John Tran dba Quality Cleaners
and dba Deluxe Drycleaning, Docket No. 2008-1047-DCL-E on June 5,
2009 assessing $6,500 in administrative penalties.
Information concerning any aspect of this order may be obtained
by contacting Peipey Tang, Staff Attorney at (512) 239-0600, Texas
Commission on Environmental Quality, P.O. Box 13087, Austin, Texas
78711-3087.
An agreed order was entered regarding Dennis James Schouten, Cornelius
Thomas Schouten, and Nicholas Schouten dba D & L Dairy, Docket
No. 2008-1097-AGR-E on June 5, 2009 assessing $5,215 in administrative
penalties with $1,043 deferred.
Information concerning any aspect of this order may be obtained
by contacting Merrilee Hupp, Enforcement Coordinator at (512) 239-4490,
Texas Commission on Environmental Quality, P.O. Box 13087, Austin,
Texas 78711-3087.
A default order was entered regarding Richard Sullivan dba Country
View Mobile Home Park and Richard Sullivan dba Valley Estates, Docket
No. 2008-1127-PWS-E on June 5, 2009 assessing $1,475 in administrative
penalties.
Information concerning any aspect of this order may be obtained
by contacting Laurencia Fasoyiro, Staff Attorney at (713) 422-8914,
Texas Commission on Environmental Quality, P.O. Box 13087, Austin,
Texas 78711-3087.
An agreed order was entered regarding Gerard Ortiz dba River Oaks
Water System, Docket No. 2008-1287-PWS-E on June 5, 2009 assessing
$3,906 in administrative penalties with $781 deferred.
Information concerning any aspect of this order may be obtained
by contacting Andrea Linson-Mgbeoduru, Enforcement Coordinator at
(512) 239-2545, Texas Commission on Environmental Quality, P.O. Box
13087, Austin, Texas 78711-3087.
An agreed order was entered regarding City of Eustace, Docket No.
2008-1343-MWD-E on June 5, 2009 assessing $12,360 in administrative
penalties with $2,472 deferred.
Information concerning any aspect of this order may be obtained
by contacting Lanae Foard, Enforcement Coordinator at (512) 239-2554,
Texas Commission on Environmental Quality, P.O. Box 13087, Austin,
Texas 78711-3087.
An agreed order was entered regarding ONEOK Hydrocarbon Southwest,
LLC, Docket No. 2008-1407-AIR-E on June 5, 2009 assessing $13,100
in administrative penalties with $2,620 deferred.
Information concerning any aspect of this order may be obtained
by contacting Terry Murphy, Enforcement Coordinator at (512) 239-5025,
Texas Commission on Environmental Quality, P.O. Box 13087, Austin,
Texas 78711-3087.
An agreed order was entered regarding Angelina County, Docket No.
2008-1426-MSW-E on June 5, 2009 assessing $13,000 in administrative
penalties with $2,600 deferred.
Information concerning any aspect of this order may be obtained
by contacting John Shelton, Enforcement Coordinator at (512) 239-2545,
Texas Commission on Environmental Quality, P.O. Box 13087, Austin,
Texas 78711-3087.
An agreed order was entered regarding Francisca Richter dba Hillside
Water Works, Docket No. 2008-1559-PWS-E on June 5, 2009 assessing
$383 in administrative penalties with $76 deferred.
Information concerning any aspect of this order may be obtained
by contacting Stephen Thompson, Enforcement Coordinator at (512) 239-2545,
Texas Commission on Environmental Quality, P.O. Box 13087, Austin,
Texas 78711-3087.
A default and shutdown order was entered regarding Jesus Rivera
dba El Burrito Stop N Go, Docket No. 2008-1572-PST-E on June 5, 2009
assessing $7,365 in administrative penalties.
Information concerning any aspect of this order may be obtained
by contacting Tommy Henson, Staff Attorney at (512) 239-0946, Texas
Commission on Environmental Quality, P.O. Box 13087, Austin, Texas
78711-3087.
An agreed order was entered regarding Shell Oil Company, Docket
No. 2008-1621-AIR-E on June 5, 2009 assessing $21,275 in administrative
penalties.
Information concerning any aspect of this order may be obtained
by contacting Bryan Elliott, Enforcement Coordinator at (512) 239-6162,
Texas Commission on Environmental Quality, P.O. Box 13087, Austin,
Texas 78711-3087.
A default order was entered regarding Richard Billings dba Oak
Hill Ranch Water Company, Docket No. 2008-1651-PWS-E on June 5, 2009
assessing $669 in administrative penalties.
Information concerning any aspect of this order may be obtained
by contacting Peipey Tang, Staff Attorney at (512) 239-0600, Texas
Commission on Environmental Quality, P.O. Box 13087, Austin, Texas
78711-3087.
An agreed order was entered regarding Southwest Convenience Stores,
LLC, Docket No. 2008-1662-AIR-E on June 5, 2009 assessing $2,620 in
administrative penalties with $524 deferred.
Information concerning any aspect of this order may be obtained
by contacting Nadia Hameed, Enforcement Coordinator at (713) 767-3629,
Texas Commission on Environmental Quality, P.O. Box 13087, Austin,
Texas 78711-3087.
An agreed order was entered regarding Pecan Grove Homes, LP, Docket
No. 2008-1676-WQ-E on June 5, 2009 assessing $6,050 in administrative
penalties with $1,210 deferred.
Information concerning any aspect of this order may be obtained
by contacting Lauren Smitherman, Enforcement Coordinator at (512)
239-5223, Texas Commission on Environmental Quality, P.O. Box 13087,
Austin, Texas 78711-3087.
An agreed order was entered regarding Conner Steel Products Inc.,
Docket No. 2008-1679-AIR-E on June 5, 2009 assessing $32,600 in administrative
penalties with $6,520 deferred.
Information concerning any aspect of this order may be obtained
by contacting James Nolan, Enforcement Coordinator at (512) 239-6634,
Texas Commission on Environmental Quality, P.O. Box 13087, Austin,
Texas 78711-3087.
An agreed order was entered regarding SandRidge CO2, LLC, Docket
No. 2008-1695-AIR-E on June 5, 2009 assessing $10,500 in administrative
penalties with $2,100 deferred.
Information concerning any aspect of this order may be obtained
by contacting Roshondra Lowe, Enforcement Coordinator at (713) 767-3553,
Texas Commission on Environmental Quality, P.O. Box 13087, Austin,
Texas 78711-3087.
An agreed order was entered regarding Loay Daraghmeh dba Speedmax
1, Docket No. 2008-1707-PST-E on June 5, 2009 assessing $4,388 in
administrative penalties with $877 deferred.
Information concerning any aspect of this order may be obtained
by contacting Michael Pace, Enforcement Coordinator at (817) 588-5933,
Texas Commission on Environmental Quality, P.O. Box 13087, Austin,
Texas 78711-3087.
An agreed order was entered regarding Virgil Wayne Wiley, Docket
No. 2008-1724-MLM-E on June 5, 2009 assessing $3,486 in administrative
penalties with $697 deferred.
Information concerning any aspect of this order may be obtained
by contacting Ross Fife, Enforcement Coordinator at (512) 239-2545,
Texas Commission on Environmental Quality, P.O. Box 13087, Austin,
Texas 78711-3087.
An agreed order was entered regarding Exxon Mobil Corporation,
Docket No. 2008-1726-AIR-E on June 5, 2009 assessing $26,450 in administrative
penalties with $5,290 deferred.
Information concerning any aspect of this order may be obtained
by contacting Trina Grieco, Enforcement Coordinator at (210) 403-4006,
Texas Commission on Environmental Quality, P.O. Box 13087, Austin,
Texas 78711-3087.
An agreed order was entered regarding STAR FUELS, INC. dba Phillips
66, Docket No. 2008-1738-PST-E on June 5, 2009 assessing $2,518 in
administrative penalties with $503 deferred.
Information concerning any aspect of this order may be obtained
by contacting Wallace Myers, Enforcement Coordinator at (512) 239-6580,
Texas Commission on Environmental Quality, P.O. Box 13087, Austin,
Texas 78711-3087.
An agreed order was entered regarding Western Rim Investment Advisors,
Inc., Docket No. 2008-1775-WQ-E on June 5, 2009 assessing $19,758
in administrative penalties with $3,951 deferred.
Information concerning any aspect of this order may be obtained
by contacting Heather Brister, Enforcement Coordinator at (254) 761-3034,
Texas Commission on Environmental Quality, P.O. Box 13087, Austin,
Texas 78711-3087.
An agreed order was entered regarding CLEMSA LUMBER COMPANY, Docket
No. 2008-1787-IWD-E on June 5, 2009 assessing $1,290 in administrative
penalties with $258 deferred.
Information concerning any aspect of this order may be obtained
by contacting Steve Villatoro, Enforcement Coordinator at (512) 239-4930,
Texas Commission on Environmental Quality, P.O. Box 13087, Austin,
Texas 78711-3087.
An agreed order was entered regarding Citgo Refining and Chemicals
Company L.P., Docket No. 2008-1793-AIR-E on June 5, 2009 assessing
$20,459 in administrative penalties with $4,091 deferred.
Information concerning any aspect of this order may be obtained
by contacting Trina Grieco, Enforcement Coordinator at (210) 403-4006,
Texas Commission on Environmental Quality, P.O. Box 13087, Austin,
Texas 78711-3087.
An agreed order was entered regarding Bennie Dennis, Docket No.
2008-1808-WOC-E on June 5, 2009 assessing $1,992 in administrative
penalties with $398 deferred.
Information concerning any aspect of this order may be obtained
by contacting Carlie Konkol, Enforcement Coordinator at (361) 825-3422,
Texas Commission on Environmental Quality, P.O. Box 13087, Austin,
Texas 78711-3087.
An agreed order was entered regarding E. I. du Pont de Nemours
and Company, Docket No. 2008-1817-AIR-E on June 5, 2009 assessing
$6,916 in administrative penalties with $1,383 deferred.
Information concerning any aspect of this order may be obtained
by contacting Raymond Marlow, Enforcement Coordinator at (409) 899-8785,
Texas Commission on Environmental Quality, P.O. Box 13087, Austin,
Texas 78711-3087.
An agreed order was entered regarding Chevron Phillips Chemical
Company LP, Docket No. 2008-1878-AIR-E on June 5, 2009 assessing $14,560
in administrative penalties with $2,912 deferred.
Information concerning any aspect of this order may be obtained
by contacting Kirk Schoppe, Enforcement Coordinator at (512) 239-0489,
Texas Commission on Environmental Quality, P.O. Box 13087, Austin,
Texas 78711-3087.
An agreed order was entered regarding ConocoPhillips Company, Docket
No. 2008-1890-AIR-E on June 5, 2009 assessing $10,000 in administrative
penalties with $2,000 deferred.
Information concerning any aspect of this order may be obtained
by contacting Roshondra Lowe, Enforcement Coordinator at (713) 767-3553,
Texas Commission on Environmental Quality, P.O. Box 13087, Austin,
Texas 78711-3087.
An agreed order was entered regarding City of Mart, Docket No.
2008-1907-MWD-E on June 5, 2009 assessing $18,375 in administrative
penalties with $3,675 deferred.
Information concerning any aspect of this order may be obtained
by contacting Heather Brister, Enforcement Coordinator at (254) 761-3034,
Texas Commission on Environmental Quality, P.O. Box 13087, Austin,
Texas 78711-3087.
An agreed order was entered regarding Rosa Santis and Whittlesey
Landscape Supplies & Recycling, Inc., Docket No. 2008-1929-MSW-E
on June 5, 2009 assessing $900 in administrative penalties with $180
deferred.
Information concerning any aspect of this order may be obtained
by contacting Keith Frank, Enforcement Coordinator at (512) 239-2545,
Texas Commission on Environmental Quality, P.O. Box 13087, Austin,
Texas 78711-3087.
An agreed order was entered regarding VIMEX ENTERPRISES, INC. dba
Audrey Shell, Docket No. 2008-1939-PST-E on June 5, 2009 assessing
$9,692 in administrative penalties with $1,938 deferred.
Information concerning any aspect of this order may be obtained
by contacting Rajesh Acharya, Enforcement Coordinator at (512) 239-0577,
Texas Commission on Environmental Quality, P.O. Box 13087, Austin,
Texas 78711-3087.
An agreed order was entered regarding City of Hewitt, Docket No.
2008-1946-PWS-E on June 5, 2009 assessing $5,636 in administrative
penalties with $1,127 deferred.
Information concerning any aspect of this order may be obtained
by contacting Andrea Linson-Mgbeoduru, Enforcement Coordinator at
(512) 239-2545, Texas Commission on Environmental Quality, P.O. Box
13087, Austin, Texas 78711-3087.
A default order was entered regarding Deloris Petty dba Denton
Estates Mobile Home Park, Docket No. 2008-1967-PWS-E on June 5, 2009
assessing $22,844 in administrative penalties.
Information concerning any aspect of this order may be obtained
by contacting Becky Combs, Staff Attorney at (512) 239-6939, Texas
Commission on Environmental Quality, P.O. Box 13087, Austin, Texas
78711-3087.
An agreed order was entered regarding Hipolito Martinez, Docket
No. 2009-0014-LII-E on June 5, 2009 assessing $736 in administrative
penalties with $147 deferred.
Information concerning any aspect of this order may be obtained
by contacting Keith Frank, Enforcement Coordinator at (512) 239-2545,
Texas Commission on Environmental Quality, P.O. Box 13087, Austin,
Texas 78711-3087.
An agreed order was entered regarding City of Shepherd, Docket
No. 2009-0017-MWD-E on June 5, 2009 assessing $6,910 in administrative
penalties with $1,382 deferred.
Information concerning any aspect of this order may be obtained
by contacting Jennifer Graves, Enforcement Coordinator at (956) 430-6023,
Texas Commission on Environmental Quality, P.O. Box 13087, Austin,
Texas 78711-3087.
An agreed order was entered regarding A N Trading, Inc. dba Buddy's
Discount Store, Docket No. 2009-0045-PST-E on June 5, 2009 assessing
$6,490 in administrative penalties with $1,298 deferred.
Information concerning any aspect of this order may be obtained
by contacting Brianna Carlson, Enforcement Coordinator at (956) 425-6021,
Texas Commission on Environmental Quality, P.O. Box 13087, Austin,
Texas 78711-3087.
An agreed order was entered regarding Joseph Realty Group, LLC,
Docket No. 2009-0049-EAQ-E on June 5, 2009 assessing $2,250 in administrative
penalties with $450 deferred.
Information concerning any aspect of this order may be obtained
by contacting Pam Campbell, Enforcement Coordinator at (512) 239-4493,
Texas Commission on Environmental Quality, P.O. Box 13087, Austin,
Texas 78711-3087.
An agreed order was entered regarding M & O SERVICES, L.L.C.
dba Shell Super Stop 10, Docket No. 2009-0054-PST-E on June 5, 2009
assessing $19,499 in administrative penalties with $3,899 deferred.
Information concerning any aspect of this order may be obtained
by contacting Judy Kluge, Enforcement Coordinator at (817) 588-5825,
Texas Commission on Environmental Quality, P.O. Box 13087, Austin,
Texas 78711-3087.
An agreed order was entered regarding United States Department
of Agriculture, Animal and Plant Health Inspection Service, Docket
No. 2009-0055-PWS-E on June 5, 2009 assessing $2,850 in administrative
penalties.
Information concerning any aspect of this order may be obtained
by contacting Epifanio Villarreal, Enforcement Coordinator at (361)
825-3425, Texas Commission on Environmental Quality, P.O. Box 13087,
Austin, Texas 78711-3087.
An agreed order was entered regarding LUCKHANY ENTERPRISES INC.
dba M&M Food Mart, Docket No. 2009-0066-PST-E on June 5, 2009
assessing $11,116 in administrative penalties with $2,223 deferred.
Information concerning any aspect of this order may be obtained
by contacting Michael Pace, Enforcement Coordinator at (817) 588-5933,
Texas Commission on Environmental Quality, P.O. Box 13087, Austin,
Texas 78711-3087.
An agreed order was entered regarding City of West, Docket No.
2009-0082-MWD-E on June 5, 2009 assessing $7,260 in administrative
penalties with $1,452 deferred.
Information concerning any aspect of this order may be obtained
by contacting Steve Villatoro, Enforcement Coordinator at (512) 239-4930,
Texas Commission on Environmental Quality, P.O. Box 13087, Austin,
Texas 78711-3087.
An agreed order was entered regarding Pilot Travel Centers LLC
dba Pilot Travel Center 435, Docket No. 2009-0086-AIR-E on June 5,
2009 assessing $1,220 in administrative penalties with $244 deferred.
Information concerning any aspect of this order may be obtained
by contacting Audra Benoit, Enforcement Coordinator at (409) 899-8799,
Texas Commission on Environmental Quality, P.O. Box 13087, Austin,
Texas 78711-3087.
An agreed order was entered regarding Dripping Springs Independent
School District, Docket No. 2009-0104-EAQ-E on June 5, 2009 assessing
$3,750 in administrative penalties with $750 deferred.
Information concerning any aspect of this order may be obtained
by contacting Samuel Short, Enforcement Coordinator at (512) 239-5363,
Texas Commission on Environmental Quality, P.O. Box 13087, Austin,
Texas 78711-3087.
An agreed order was entered regarding City of Groesbeck, Docket
No. 2009-0108-PWS-E on June 5, 2009 assessing $3,378 in administrative
penalties with $675 deferred.
Information concerning any aspect of this order may be obtained
by contacting Epifanio Villarreal, Enforcement Coordinator at (361)
825-3425, Texas Commission on Environmental Quality, P.O. Box 13087,
Austin, Texas 78711-3087.
An agreed order was entered regarding Targa Midstream Services
Limited Partnership, Docket No. 2009-0130-AIR-E on June 5, 2009 assessing
$3,800 in administrative penalties with $760 deferred.
Information concerning any aspect of this order may be obtained
by contacting Roshondra Lowe, Enforcement Coordinator at (713) 767-3553,
Texas Commission on Environmental Quality, P.O. Box 13087, Austin,
Texas 78711-3087.
An agreed order was entered regarding TERMINAL MARKET GARAGE, L.L.C.
dba Terminal Market Garage, Docket No. 2009-0139-PST-E on June 5,
2009 assessing $7,000 in administrative penalties with $1,400 deferred.
Information concerning any aspect of this order may be obtained
by contacting Judy Kluge, Enforcement Coordinator at (817) 588-5825,
Texas Commission on Environmental Quality, P.O. Box 13087, Austin,
Texas 78711-3087.
An agreed order was entered regarding JOSO Enterprises, Inc. dba
Shell on Plano Parkway, Docket No. 2009-0162-PST-E on June 5, 2009
assessing $7,192 in administrative penalties with $1,438 deferred.
Information concerning any aspect of this order may be obtained
by contacting Michael Pace, Enforcement Coordinator at (817) 588-5933,
Texas Commission on Environmental Quality, P.O. Box 13087, Austin,
Texas 78711-3087.
An agreed order was entered regarding RACETRAC PETROLEUM, INC.
dba Racetrac 574, Docket No. 2009-0177-PST-E on June 5, 2009 assessing
$4,846 in administrative penalties with $969 deferred.
Information concerning any aspect of this order may be obtained
by contacting Tom Greimel, Enforcement Coordinator at (512) 239-5690,
Texas Commission on Environmental Quality, P.O. Box 13087, Austin,
Texas 78711-3087.
An agreed order was entered regarding Sanderson Farms, Inc., Docket
No. 2009-0190-PWS-E on June 5, 2009 assessing $525 in administrative
penalties with $105 deferred.
Information concerning any aspect of this order may be obtained
by contacting Yuliya Dunaway, Enforcement Coordinator at (210) 490-3096,
Texas Commission on Environmental Quality, P.O. Box 13087, Austin,
Texas 78711-3087.
An agreed order was entered regarding OHM SAI, INC. dba Docs One
Stop, Docket No. 2009-0248-PST-E on June 5, 2009 assessing $5,728
in administrative penalties with $1,145 deferred.
Information concerning any aspect of this order may be obtained
by contacting Wallace Myers, Enforcement Coordinator at (512) 239-6580,
Texas Commission on Environmental Quality, P.O. Box 13087, Austin,
Texas 78711-3087.
An agreed order was entered regarding Essner Manufacturing, L.P.,
Docket No. 2009-0249-AIR-E on June 5, 2009 assessing $1,600 in administrative
penalties with $320 deferred.
Information concerning any aspect of this order may be obtained
by contacting Suzanne Walrath, Enforcement Coordinator at (512) 239-2134,
Texas Commission on Environmental Quality, P.O. Box 13087, Austin,
Texas 78711-3087.
An agreed order was entered regarding City of Stanton, Docket No.
2009-0259-PWS-E on June 5, 2009 assessing $975 in administrative penalties.
Information concerning any aspect of this order may be obtained
by contacting Andrea Linson-Mgbeoduru, Enforcement Coordinator at
(512) 239-2545, Texas Commission on Environmental Quality, P.O. Box
13087, Austin, Texas 78711-3087.
A field citation was entered regarding William K. Ingram, Docket
No. 2009-0241-OSI-E on June 5, 2009 assessing $210 in administrative
penalties.
Information concerning any aspect of this citation may be obtained
by contacting Melissa Keller, SEP Coordinator at (512) 239-1768, Texas
Commission on Environmental Quality, P.O. Box 13087, Austin, Texas
78711-3087.
A field citation was entered regarding United Fuel & Energy
Corporation, Docket No. 2009-0242-PST-E on June 5, 2009 assessing
$3,500 in administrative penalties.
Information concerning any aspect of this citation may be obtained
by contacting Melissa Keller, SEP Coordinator at (512) 239-1768, Texas
Commission on Environmental Quality, P.O. Box 13087, Austin, Texas
78711-3087.
A field citation was entered regarding Scott A. Bundy, Docket No.
2009-0243-WOC-E on June 5, 2009 assessing $210 in administrative penalties.
Information concerning any aspect of this citation may be obtained
by contacting Melissa Keller, SEP Coordinator at (512) 239-1768, Texas
Commission on Environmental Quality, P.O. Box 13087, Austin, Texas
78711-3087.
A field citation was entered regarding Deanna Lee, Docket No. 2009-0244-WOC-E
on June 5, 2009 assessing $210 in administrative penalties.
Information concerning any aspect of this citation may be obtained
by contacting Melissa Keller, SEP Coordinator at (512) 239-1768, Texas
Commission on Environmental Quality, P.O. Box 13087, Austin, Texas
78711-3087.
A field citation was entered regarding David Nelson, Docket No.
2009-0246-WOC-E on June 5, 2009 assessing $210 in administrative penalties.
Information concerning any aspect of this citation may be obtained
by contacting Melissa Keller, SEP Coordinator at (512) 239-1768, Texas
Commission on Environmental Quality, P.O. Box 13087, Austin, Texas
78711-3087.
A field citation was entered regarding City of San Marcos, Docket
No. 2009-0256-WQ-E on June 5, 2009 assessing $700 in administrative
penalties.
Information concerning any aspect of this citation may be obtained
by contacting Melissa Keller, SEP Coordinator at (512) 239-1768, Texas
Commission on Environmental Quality, P.O. Box 13087, Austin, Texas
78711-3087.
A field citation was entered Bill Nichols dba Bills Double Six
Mini Mart, Docket No. 2009-0379-PST-E on June 5, 2009 assessing $875
in administrative penalties.
Information concerning any aspect of this citation may be obtained
by contacting Melissa Keller, SEP Coordinator at (512) 239-1768, Texas
Commission on Environmental Quality, P.O. Box 13087, Austin, Texas
78711-3087.
TRD-200902459
LaDonna Castañuela
Chief Clerk
Texas Commission on Environmental Quality
Filed: June 17, 2009
The Texas Commission on Environmental Quality (TCEQ or commission)
staff is providing an opportunity for written public comment on the
listed Agreed Orders (AOs) in accordance with Texas Water Code (TWC), §7.075.
Section 7.075 requires that before the commission may approve the
AOs, the commission shall allow the public an opportunity to submit
written comments on the proposed AOs. Section 7.075 requires that
notice of the opportunity to comment must be published in the Texas Register
no later than the 30th day
before the date on which the public comment period closes, which in
this case is July 27, 2009. Section
7.075 also requires that the commission promptly consider any written
comments received and that the commission may withdraw or withhold
approval of an AO if a comment discloses facts or considerations that
indicate that consent is inappropriate, improper, inadequate, or inconsistent
with the requirements of the statutes and rules within the commission's
jurisdiction or the commission's orders and permits issued in accordance
with the commission's regulatory authority. Additional notice of changes
to a proposed AO is not required to be published if those changes
are made in response to written comments.
A copy of each proposed AO is available for public inspection at
both the commission's central office, located at 12100 Park 35 Circle,
Building A, 3rd Floor, Austin, Texas 78753, (512) 239-3400 and at
the applicable regional office listed as follows. Written comments
about an AO should be sent to the attorney designated for the AO at
the commission's central office at P.O. Box 13087, MC 175, Austin,
Texas 78711-3087 and must be received by 5:00
p.m. on July 27, 2009. Comments may also be sent by facsimile
machine to the attorney at (512) 239-3434. The designated attorney
is available to discuss the AO and/or the comment procedure at the
listed phone number; however, §7.075 provides that comments on
an AO shall be submitted to the commission in writing.
(1) COMPANY: Amistad Lake Developments, Inc.; DOCKET NUMBER: 2009-0078-PWS-E;
TCEQ ID NUMBER: RN101177541; LOCATION: 11207 Highway 90 West, Del
Rio, Val Verde County; TYPE OF FACILITY: public water supply system;
RULES VIOLATED: 30 TAC §290.109(c)(3)(A)(ii) and §290.122(c)(2)(B),
by failing to collect a set of repeat distribution coliform samples
within 24 hours of being notified of a total coliform-positive result
on a routine sample and by failing to provide public notification
of the failure to collect samples; and 30 TAC §290.109(c)(2)(F)
and §290.122(c)(2)(B), by failing to collect at least five distribution
coliform samples during the months following a total coliform positive
sample results and by failing to provide public notification of the
failure to collect samples; PENALTY: $1,801; STAFF ATTORNEY: Mike
Fishburn, Litigation Division, MC 175, (512) 239-0635; REGIONAL OFFICE:
Laredo Regional Office, 707 East Calton Road, Suite 304, Laredo, Texas
78041-3887, (956) 791-6611.
(2) COMPANY: D & M Water Supply Corporation; DOCKET NUMBER:
2007-1211-MWD-E; TCEQ ID NUMBER: RN102287604; LOCATION: 6,500 feet
west-southwest of the intersection of Farm-to-Market Road (FM) 3228
and FM 1275 Nacogdoches, Nacogdoches County; TYPE OF FACILITY: wastewater
treatment plant; RULES VIOLATED: 30 TAC §305.125(1), Texas Pollutant
Discharge Elimination System (TPDES) Permit Number 13927001, Effluent
Limitations and Monitoring Requirements Numbers 1, 6, and 9, TCEQ
Agreed Order Docket Number 2005-1625-MWD-E, Ordering Provision Number
2, and TWC, §26.121(a), by failing to comply with permitted effluent
limitations; 30 TAC §305.125(a) and TPDES Permit Number 13927001,
Monitoring and Reporting Requirements Number 7(c), by failing to submit
effluent noncompliance notification reports as required by the permit;
30 TAC §305.125(1) and §317.3(b)(1), and TPDES Permit Number
13927001, Operational Requirements Number 1, by failing to provide
standby pumps for lift stations; 30 TAC §305.125(5) and TPDES
Permit Number 13927001, Operations Requirements Number 1, by failing
to ensure that the facility and all of its systems of collection,
treatment, and disposal are properly maintained; and 30 TAC §305.125(1)
and TPDES Permit Number 13927001, Effluent Limitations and Monitoring
Requirements, Number 1, by failing to collect effluent monitoring
samples at a frequency required by the permit; PENALTY: $28,980, Supplemental
Environmental Project (SEP) offset amount of $28,980 applied to Texas
Association of Resource Conservation and Development Areas, Inc.,
Water or Wastewater Assistance; STAFF ATTORNEY: Xavier Guerra, Litigation
Division, MC R-13, (210) 403-4016; REGIONAL OFFICE: Beaumont Regional
Office, 3870 Eastex Freeway, Beaumont, Texas 77703-1830, (409) 898-3838.
(3) COMPANY: Denison Snow White Laundry, LLC dba Shaffer Cleaners
and dba Snow White aka Snow White Laundry; DOCKET NUMBER: 2006-1468-DCL-E;
TCEQ ID NUMBER: RN104097787 and RN104097795; LOCATION: 2815 West Morton
Street, Denison, Grayson County (Shaffer Facility) and 314 West Woodard
Street, Denison, Grayson County (Snow White Facility); TYPE OF FACILITY:
dry cleaning drop station (Shaffer Facility) and dry cleaning facility
(Snow White Facility); RULES VIOLATED: 30 TAC §337.11(e) and
Texas Health and Safety Code (THSC), §374.102, by failing to
renew the Shaffer Facility's registration by completing and submitting
the required registration form to the TCEQ for a dry cleaning and/or
drop station facility; and 30 TAC §337.11(e) and THSC, §374.102,
by failing to renew the Snow White Facility's registration by completing
and submitting the required registration form to the TCEQ for a dry
cleaning and/or drop station facility; PENALTY: $2,370; STAFF ATTORNEY:
Dinniah Chahin, Litigation Division, MC 175, (512) 239-0617; REGIONAL
OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort
Worth, Texas 76118-6951, (817) 588-5800.
(4) COMPANY: Edelia I. Trevio; DOCKET NUMBER: 2008-1687-PST-E;
TCEQ ID NUMBER: RN102270501; LOCATION: 866 South Padre Island Drive,
Corpus Christi, Nueces County; TYPE OF FACILITY: real property; RULES
VIOLATED: 30 TAC §334.47(a)(2), by failing to permanently remove
from service, no later than 60 days after the prescribed upgrade implementation
date, an underground storage tank (UST) system for which any applicable
component of the system is not brought into timely compliance with
the upgrade requirements; PENALTY: $2,550; STAFF ATTORNEY: Peipey
Tang, Litigation Division, MC 175, (512) 239-0654; REGIONAL OFFICE:
Corpus Christi Regional Office, 6300 Ocean Drive, Suite 1200, Corpus
Christi, Texas 78412-5839, (361) 825-3100.
(5) COMPANY: Exxon Mobil Corporation; DOCKET NUMBER: 2007-1985-AIR-E;
TCEQ ID NUMBER: RN102579307, RN102574803, and RN102212925; LOCATION:
2800 Decker Drive, Baytown, Harris County (Plant Number 1), 5000 Bayway
Drive, Baytown, Harris County (Plant Number 2), and 3525 Decker Drive,
Baytown, Harris County (Plant Number 3); TYPE OF FACILITY: oil refining
and supply company (Plant Number 1) and chemical plant (Plant Numbers
2 and 3); RULES VIOLATED: 30 TAC §116.715(a), THSC, §382.085(b),
Permit Number 18287, Special Condition (SC) Number 1, by failing to
prevent unauthorized emissions from the Fluid Catalytic Cracking Unit
3 (FCCU3) of Plant Number 1 during an emissions event that began on
October 14, 2005, and lasted 17 hours and 34 minutes, releasing 1,125
pounds (lbs) of ammonia, 263,767 lbs carbon monoxide (CO), 900 lbs
of hydrogen cyanide, 1,271 lbs of particulate matter (PM), and 11,441
lbs of sulfur dioxide (SO2); 30 TAC §116.715(a),
THSC, §382.085(b), Permit Number 18287, SC Number 1, by failing
to prevent unauthorized emissions from the Girbotol Unit of Plant
Number 1 during an emissions event that began on June 24, 2006, and
lasted 18 hours and 1 minute, releasing 159,599 lbs of SO2
, 3,293 lbs of hydrogen sulfide (H2
S), 34 lbs of Hazardous Air Pollutant (HAP)
carbon disulfide, 275 lbs of the HAP carbonyl sulfide (COS), and 331
lbs of nitrogen oxide (NOx); 30 TAC §116.715(a)
and THSC, §382.085(b), Permit Number 18287, SC Number 1, by failing
to prevent unauthorized emissions from Power Plant 4 and Substation
29 of Plant Number 1 during an avoidable emissions event that began
on October 5, 2006, and lasted 8 hours and 48 minutes, releasing 6,686.3
lbs of CO, 28.21 lbs of H2S, 431.2 lbs
of NOx, 2,592 lbs of SO2
, 8 lbs of the HAP COS, and 3,201 lbs of volatile organic
compound (VOC) including 7 lbs of the highly reactive volatile organic
compound (HRVOC) propylene; 30 TAC §116.715(a), THSC, §382.085(b),
Permit Number 18287, SC Number 1, by failing to prevent unauthorized
emissions from the FCCU2 of Plant Number 1 during an emissions event
(incident numbers 77470 and 78472) that began on June 16, 2006, and
lasted 116 hours, releasing 446,831 lbs of CO, 6,013 lbs of SO2
, and 313 lbs of NOx;
30 TAC §116.715(a), THSC, §382.085(b), Permit Number 18287,
SC Number 1, by failing to prevent unauthorized emissions from Booster
Station 4 of Plant Number 1 during an avoidable emissions event that
began January 17, 2007, and lasted 27 hours and 11 minutes, releasing
23,812 lbs of SO2, 4,509 lbs of CO, 258
lbs of H2S, 829 lbs of NOx
, and 1,291 lbs of VOC; 30 TAC §111.111(a)(1)(B)
and §116.715(a), THSC, §382.085(b), Permit Number 18287,
SC Number 1, by failing to prevent unauthorized emissions from Booster
Station 4, Pipestill 7, and the Flexicoker Unit of Plant Number 1
during an avoidable emissions event that began on January 24, 2007,
and lasted 25 hours, releasing 130.04 lbs of H2S,
12,042.08 lbs of SO2, 1,538 lbs of VOC,
3,320.03 lbs of CO, 216.01 lbs of NOx,
and 4 lbs of sulfur, and resulting in 100% opacity averaged over a
six-minute period; 30 TAC §116.715(a), THSC, §382.085(b),
Permit Number 18287, SC Number 1, by failing to prevent unauthorized
emissions from Booster Station 4 of Plant Number 1 during an avoidable
emissions event that began February 21, 2007, and lasted 25 hours
and 8 minutes, releasing 18,786 lbs of SO2,
2,757.1 lbs of CO, 706.88 lbs of VOC, 506.7 lbs of NOx
, and 203.76 lbs of H2S;
30 TAC §116.715(a), THSC, §382.085(b), and Permit Number
18287, SC Number 1, by failing to prevent unauthorized emissions from
the Flexicoker of Plant Number 1 during an avoidable emissions event
that began February 24, 2007, and lasted 9 hours and 11 minutes releasing
10.89 lbs of n-butane, 19.53 lbs of butane, 9.01 lbs of ethylene,
4.67 lbs of isobutene, 28.34 lbs of propane, 18.03 lbs of propylene,
161.76 lbs of VOC, 22.25 lbs of H2S,
2,859.05 lbs of SO2, 7,806.09 lbs of
CO, 192.5 lbs of NOx, and 15.43 lbs of
sulfur; 30 TAC §116.715(a), THSC, §382.085(b), Permit Number
18287, SC Number 1, by failing to prevent unauthorized emissions from
the FCCU3 of Plant Number 1 during an avoidable emissions event that
began November 1, 2006, and lasted 25 hours and 36 minutes, releasing
40,681 lbs of CO, 123 lbs of ammonia, 99 lbs of hydrogen cyanide,
24 lbs of NOx, 44 lbs of PM, and 685
lbs of SO2; 30 TAC §116.715(a),
THSC, §382.085(b), and Permit Number 18287, SC Number 1, by failing
to prevent unauthorized emissions from the FCCU3 of Plant Number 1
during an emissions event that began November 20, 2006, and lasted
48 hours and 24 minutes, releasing 197,548 lbs of CO, 226 lbs of ammonia,
and 285 lbs of hydrogen cyanide; 30 TAC §116.715(a), THSC, §382.085(b),
and Permit Number 18287, SC Number 1, by failing to prevent unauthorized
emissions from the Flexicoker Unit, the Catalytic Light Ends Unit
3, the West Loop Flare System and the Fuels North Flare System of
Plant Number 1 during an avoidable emissions event that began on April
27, 2007, and lasted 5 hours and 30 minutes, releasing 2,491.4 of
SO2, 1,102 lbs of CO, 26.83 lbs of H2S, 0.79 lbs of sulfur, 106.2 lbs of NOx
, 2,282.3 lbs of VOC, 1,560 lbs of HRVOC ethylene,
7.2 lbs of HRVOC propylene, and 2.3 lbs of the HRVOC 1-butene + isobutylene;
30 TAC §116.715(a), THSC, §382.085(b), Permit Number 18287,
SC Number 1, by failing to prevent unauthorized emissions from the
Hydrocracking Unit of Plant Number 1 during an emissions event that
began on August 4, 2006, and lasted 43 hours, releasing 29,876 lbs
of SO2, 1,121 lbs of VOC, 1,118 lbs of
CO, 423 lbs of propane, 325 lbs of H2S,
293 lbs of N-butane, 261 lbs of isobutene, 206 lbs of NOx
, 33 lbs of propylene, 21 lbs of butane, 9
lbs ethylene, and 1 lb of 1,3-butadiene; 30 TAC §101.201(a)(1)(B)
and THSC, §382.085(b), by failing to submit the initial notification
for the August 4, 2006, emissions event; 30 TAC §116.715(a),
THSC, §382.085(b), and Permit Number 18287, SC Number 1, by failing
to prevent unauthorized emissions from the FCCU2 of Plant Number 1
during an emissions event that began June 12, 2006, and lasted 87
hours, releasing 98,121 lbs of CO; 30 TAC §101.20(1) and (2)
and §113.340, 40 Code of Federal Regulations (CFR) §60.482-6(a)(2)
and §63.648(a) and THSC, §382.085(b), by failing to properly
seal the ends of four lines at Plant Number 1 associated with valve
Tag Numbers, G833, H415, H944, and H943 which were in VOC and HAP
service; 30 TAC §§101.20(1) - (3), 113.340, 115.352(4),
and 116.715(a), THSC, §382.085(b), 40 CFR §60.482-6(a)(1)
and §63.648(a), and Permit Number 18287/PSD-TX-730M3, SC Number
50E, by failing to equip the end of an open-ended line or valve with
a cap, blind flange, plug, or a second valve at Plant Number 1; 30
TAC §101.20(3) and §116.715(a), Permit Number 18287/PSD-TX-730M3,
SC Numbers 1 and 11A, THSC, §382.085(b), by failing to prevent
unauthorized emissions from pressure relief valve PV368 on July 27,
2004, at the Catalytic Light Ends Unit 3 at Plant Number 1; 30 TAC §116.715(a),
THSC, §382.085(b), and Permit Number 20211, SC Number 1, by failing
to prevent unauthorized emissions from the Butyl Plant of Plant Number
2 during an emissions event that began May 14, 2007, and lasted 102
hours releasing 132,538 lbs of the HAP hydrogen chloride, 3,768 lbs
of the HAP methyl chloride, 1,133 lbs of CO, 222 lbs of the HRVOC
isobutylene, and 163 lbs of NOx; 30 TAC §116.715(a)
and §111.111(a)(1)(A), THSC, §382.085(b), and Permit Number
3452, SC Number 1, by failing to prevent unauthorized emissions, the
Cold Ends Unit of Plant Number 3, during an emissions event that began
January 1, 2006, and lasted 360 hours and 30 minutes releasing 19,740.9
lbs of the HAP 1,3-butadiene, 82,441 lbs of the HRVOC propylene, 62,637
lbs of other VOC, 32,213 lbs of CO, and 15,434 lbs of NOx
; 30 TAC §116.715(a), THSC, §382.085(b),
and Permit Number 3452, SC Number 1, by failing to prevent unauthorized
emissions from propylene product pump TP-05A of Plant Number 3 during
an avoidable emissions event that began December 10, 2005, and lasted
3 hours and 11 minutes releasing 13,903.95 lbs of the HRVOC propylene,
144.78 lbs of other VOCs, 636 lbs of CO, and 88 lbs of NOx
x; 30 TAC §101.201(a)(1)(B) and THSC, §382.085(b),
by failing to submit initial notification within 24 hours of discovery
of the December 10, 2005, emissions event at Plant Number 3, by submitting
the report, which was due by December 11, 2005, at 13:04, but was
not submitted until December 11, 2005, at 14.17; 30 TAC §116.715(a),
THSC, §382.085(b), and Permit Number 3452, SC Number 1, by failing
to prevent unauthorized emissions from the Butadiene Unit, Debutanizer
Tower, Primary Flare (Flare Number 1) of Plant Number 3 during an
avoidable emissions event that began June 3, 2007, and lasted 3 hours
and 53 minutes, releasing 228 lbs of the HAP 1-3 butadiene, 245.2
lbs of VOC, including 18 lbs of the HRVOC cis-2-butene, 159 lbs of
the HRVOC isobutylene and 21 lbs of the HRVOC trans-2-butene, 139
lbs of CO and 15 lbs of NOx; and 30 TAC §116.715(a),
THSC, §382.085(b), and Permit Number 3452, SC Number 1, by failing
to prevent unauthorized emissions from the Cold Ends Unit of Plant
Number 3, during an avoidable emissions event that began June 25,
2007, and lasted 12 hours and 11 minutes, releasing 8,449 lbs of VOC,
including 4,098 lbs of the HRVOC ethylene, 1,106 lbs of the HRVOC
propylene, 372 lbs of the HRVOC isobutylene, and 104 lbs of the HRVOC
trans-2-butylene, 9,827 lbs of CO, 908 lbs of the HAP benzene, 594
lbs of the HAP 1,3 butadiene, 408 lbs of the HAP toluene, 91 lbs of
the HAP styrene, 71 lbs of the HAP ethylbenzene and 71 lbs of the
HAP zylene, 1,183 lbs of NOx, 5 lbs of
H2S and 0.08 lbs of SO2
; PENALTY: $496,201, SEP offset amount of $248,100 applied
to Houston Regional Monitoring Corporation (HRMC) - HRMC Houston Area
Air Monitoring; STAFF ATTORNEY: Kathleen C. Decker, Litigation Division,
MC 175, (512) 239-6500; REGIONAL OFFICE: Houston Regional Office,
5425 Polk Street, Suite H, Houston, Texas 77023, (713) 767-3500.
(6) COMPANY: ExxonMobil Oil Corporation; DOCKET NUMBER: 2008-0153-AIR-E;
TCEQ ID NUMBER: RN102450756; LOCATION: 1795 Burt Street, Beaumont,
Jefferson County; TYPE OF FACILITY: petroleum refinery; RULES VIOLATED:
30 TAC §101.20(3) and §116.115(c), Permit Numbers 19566/PSD-TX-768M1/PSD-TX-932
and 46534/PSD-TX-992, SC Number 1, and THSC, §382.085(b), by
failing to prevent unauthorized emissions from the Coker Flare (EPN
60FLR_004) and the Fluid Catalytic Cracking Unit Scrubber (EPN 06STK_00)
during an emissions event that began on January 12, 2007, and lasted
31 hours, releasing 45.55 tons of SO2,
3,490 lbs of VOC, 307 lbs of NOx, 990 lbs of H2
S, 2,219 lbs of CO from the
Coker Flare and 26.29 tons of CO from the FCCU Scrubber; 30 TAC §101.20(3)
and §116.115(c), Permit Numbers 19566/PSD-TX-768M1/PSD-TX-932
and 46534/PSD-TX-992, SC Number 1, and THSC, §382.085(b), by
failing to prevent unauthorized emissions from the Coker Flare during
an emissions event that began on May 6, 2007, and lasted 34 hours
and 15 minutes, releasing 83.127 tons of SO2,
7,873 lbs of VOC, 906 lbs of NOx, 1,806
lbs of H2S and 6,544 lbs of CO; 30 TAC §116.115(c),
Permit Number 49146, SC Number 1, and THSC, §382.085(b), by failing
to prevent unauthorized emissions from the Effluent Water Treatment
System (EPN 47FUG_001) and Tank 594 (EPN 49 TIF_0594) during an emissions
event that began on April 27, 2007, and lasted 27 hours and 30 minutes,
releasing 48.4 lbs of benzene, a VOC, from the Effluent Water Treatment
System and 633.66 lbs of VOC were released from Tank 594; 30 TAC §116.115(c)
and §122.143(4), New Source Review (NSR) Permit Number 19566,
SC Number 1, Federal Operating Permit (FOP) Number O-01871, SC Number
7, and THSC, §382.085(b), by failing to prevent unauthorized
emissions from the Coker Flare, EPN 60FLR_004, in the Coker Unit during
an emissions event (Incident Number 95371) that occurred on August
2, 2007, and lasted 3 hours and 50 minutes, releasing 13,796.40 lbs
of SO2, 419.20 lbs of CO, 149.90 lbs
of H2S, 57.70 lbs of NOx
, and 644 lbs of VOC; 30 TAC §116.115(c) and §122.143(4),
NSR Permit Number 19566, SC Number 1, FOP Number O-01871, SC Number
7, and THSC, §382.085(b), by failing to prevent unauthorized
emissions from the Coker Flare, EPN 60FLR_004, in the Coker Unit during
an emissions event (Incident Number 95960) that occurred on August
14, 2007, and lasted 12 hours and 41 minutes, releasing 33,632.20
lbs of SO2, 1,062.60 lbs of CO, 365.50
lbs of H2S, 147.10 lbs of NOx
, and 1,548.35 lbs of VOC; and 30 TAC §116.115(c)
and §112.143(4), THSC, §382.085(b), FOP O-01871, SC Number
7, and NSR Permit 19566, SC Number 1, by failing to prevent unauthorized
emissions from the Coker Flare, EPN 60FLR_004 during an emissions
event that began on September 18, 2007, and lasted for 72 hours and
34 minutes, releasing 79,666 lbs of SO2,
3,750 lbs of VOC, 2,438 lbs of CO, and 865 lbs of H2
S; PENALTY: $106,600; SEP offset amount of $53,300 applied
to Jefferson County Retrofit/Replace Heavy Equipment and Vehicles
with Alternative Fueled Equipment and Vehicles; STAFF ATTORNEY: Kathleen
C. Decker, Litigation Division, MC 175, (512) 239-6500; REGIONAL OFFICE:
Beaumont Regional Office, 3870 Eastex Freeway, Beaumont, Texas 77703-1830,
(409) 898-3838.
(7) COMPANY: Hwy 29 Grocery, Inc. dba Jiffy Mart 3; DOCKET NUMBER:
2008-0639-PST-E; TCEQ ID NUMBER: RN104250774; LOCATION: 13420 West
State Highway 29, Liberty Hill, Williamson County; TYPE OF FACILITY:
convenience store with retail sales of gasoline; RULES VIOLATED: 30
TAC §334.49(c)(4) and TWC, §26.3475(d), by failing to inspect
and test the cathodic protection system for operability and adequacy
of protection at a frequency of at least once every three years; 30
TAC §334.50(a)(1)(A) and §334.50(b)(2)(A)(i)(III) and TWC, §26.3475(a)
and (c)(1), by failing to provide a release detection method capable
of detecting a release from any portion of the USTs system which contains
regulated substances; and 30 TAC §334.48(c), by failing to conduct
effective manual or automatic inventory control procedures for all
USTs at the facility; PENALTY: $8,367; STAFF ATTORNEY: Peipey Tang,
Litigation Division, MC 175, (512) 239-0654; REGIONAL OFFICE: Austin
Regional Office, 2800 South Interstate Highway 35, Suite 100, Austin,
Texas 78704-5712, (512) 339-2929.
(8) COMPANY: Northwest Petroleum LP dba Sam Bass Shell; DOCKET
NUMBER: 2008-0617-MLM-E; TCEQ ID NUMBER: RN101493351; LOCATION: 806
Sam Bass Road, Round Rock, Williamson County; TYPE OF FACILITY: convenience
store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.7(d)(3),
by failing to notify the agency of any change or additional information
regarding USTs within 30 days from the date of the occurrence of the
change or addition; 30 TAC §334.48(c), by failing to conduct
effective manual or automatic inventory control procedures for all
USTs involved in the retail sale of petroleum substances used as a
motor fuel; 30 TAC §213.5(d)(1), by failing to provide a functioning
continuous monitoring leak detection system for USTs over the Edwards
Aquifer; 30 TAC §334.8(c)(5)(C), by failing to ensure that a
legible tag, label, or marking with the UST identification number
is permanently applied upon or affixed to either the top of the fill
tube or to a nonremovable point in the immediate area of the fill
tube according to the UST registration and self-certification form;
and 30 TAC §115.222(3) and THSC, §382.085(b), by failing
to prevent a gasoline leak, as detected by sight, sound, or smell,
anywhere in the liquid transfer or vapor balance system; PENALTY:
$9,600; STAFF ATTORNEY: Stephanie J. Frazee, Litigation Division,
MC 175, (512) 239-3693; REGIONAL OFFICE: Austin Regional Office, 2800
South Interstate Highway 35, Suite 100, Austin, Texas 78704-5712,
(512) 339-2929.
TRD-200902445
Kathleen C. Decker
Director, Litigation Division
Texas Commission on Environmental Quality
Filed: June 16, 2009
The Texas Commission on Environmental Quality (TCEQ or commission)
staff is providing an opportunity for written public comment on the
listed Default Orders (DOs). The commission staff proposes a DO when
the staff has sent an executive director's preliminary report and
petition (EDPRP) to an entity outlining the alleged violations; the
proposed penalty; and the proposed technical requirements necessary
to bring the entity back into compliance; and the entity fails to
request a hearing on the matter within 20 days of its receipt of the
EDPRP or requests a hearing and fails to participate at the hearing.
Similar to the procedure followed with respect to Agreed Orders entered
into by the executive director of the commission, in accordance with
Texas Water Code (TWC), §7.075 this notice of the proposed order
and the opportunity to comment is published in the Texas Register
no later than the 30th day
before the date on which the public comment period closes, which in
this case is July 27, 2009. The commission
will consider any written comments received and the commission may
withdraw or withhold approval of a DO if a comment discloses facts
or considerations that indicate that consent to the proposed DO is
inappropriate, improper, inadequate, or inconsistent with the requirements
of the statutes and rules within the commission's jurisdiction, or
the commission's orders and permits issued in accordance with the
commission's regulatory authority. Additional notice of changes to
a proposed DO is not required to be published if those changes are
made in response to written comments.
A copy of each proposed DO is available for public inspection at
both the commission's central office, located at 12100 Park 35 Circle,
Building A, 3rd Floor, Austin, Texas 78753, (512) 239-3400 and at
the applicable regional office listed as follows. Written comments
about the DO should be sent to the attorney designated for the DO
at the commission's central office at P.O. Box 13087, MC 175, Austin,
Texas 78711-3087 and must be received by 5:00
p.m. on July 27, 2009. Comments may also be sent by facsimile
machine to the attorney at (512) 239-3434. The commission's attorneys
are available to discuss the DOs and/or the comment procedure at the
listed phone numbers; however, §7.075 provides that comments
on the DOs shall be submitted to the commission in writing.
(1) COMPANY: Javier Hernandez; DOCKET NUMBER: 2008-1706-PST-E;
TCEQ ID NUMBER: RN101677920; LOCATION: southwest corner of West Schunior
Street and Rena Rae Street, Edinburg, Hidalgo County; TYPE OF FACILITY:
two inactive underground storage tanks (UST); RULES VIOLATED: 30 TAC §334.47(a)(2),
by failing to permanently remove from service, no later than 60 days
after the prescribed upgrade implementation date, a UST system for
which any applicable component of the system is not brought into timely
compliance with the upgrade requirements; PENALTY: $5,250; STAFF ATTORNEY:
Rebecca Combs, Litigation Division, MC 175, (512) 239-6936; REGIONAL
OFFICE: Harlingen Regional Office, 1804 West Jefferson Avenue, Harlingen,
Texas 78550-5247, (956) 425-6010.
(2) COMPANY: Larry G. Moore; DOCKET NUMBER: 2008-0011-PST-E; TCEQ
ID NUMBER: RN101736494; LOCATION: 11017 United States (US) Highway
79, Panola, Panola County; TYPE OF FACILITY: former gasoline station;
RULES VIOLATED: 30 TAC §334.47(a)(2), by failing to permanently
remove from service, no later than 60 days after the prescribed upgrade
implementation date, four USTs for which any applicable component
of the system is not brought into timely compliance with the upgrade
requirements; and 30 TAC §334.7(d)(3), by failing to provide
an amended registration for any change or additional information regarding
the USTs within 30 days from the date of the occurrence of the change
or addition; PENALTY: $3,675; STAFF ATTORNEY: Mike Fishburn, Litigation
Division, MC 175, (512) 239-0635; REGIONAL OFFICE: Tyler Regional
Office, 2916 Teague Drive, Tyler, Texas 75701-3734, (903) 535-5100.
(3) COMPANY: Norman Barnett dba Villa Utilities; DOCKET NUMBER:
2008-1620-PWS-E; TCEQ ID NUMBER: RN102675550; LOCATION: 6423 Lemoine
Lane, Channelview, Harris County; TYPE OF FACILITY: public water system;
RULES VIOLATED: 30 TAC §290.271(b) and §290.274(a) and (c),
by failing to mail or directly deliver one copy of the Consumer Compliance
Report (CCR) to each bill paying customer by July 1st of each year
and by failing to submit a copy of the annual CCR and certification
that the CCR has been distributed to the customers of the water system
and that the information in the CCR is correct and consistent with
the compliance monitoring data to the TCEQ by July 1st; PENALTY: $614;
STAFF ATTORNEY: Sharesa Alexander, Litigation Division, MC 175, (512)
239-3503; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Street,
Suite H, Houston, Texas 77023, (713) 767-3500.
(4) COMPANY: Thomas Jones and Mary Jones; DOCKET NUMBER: 2008-0281-PST-E;
TCEQ ID NUMBER: RN102219763; LOCATION: 28042 US Highway 377, Gordonville,
Grayson County; TYPE OF FACILITY: gasoline service station, which
is now closed; RULES VIOLATED: 30 TAC §334.47(a)(2), by failing
to permanently remove from service, no later than 60 days after the
prescribed upgrade implementation date, three USTs for which any applicable
component of the system is not brought into timely compliance with
the upgrade requirements; and 30 TAC §334.7(d)(3), by failing
to notify the agency of any change or additional information regarding
USTs within 30 days from the date of the occurrence of the change
or addition; PENALTY: $3,675; STAFF ATTORNEY: Gary Shiu, Litigation
Division, MC 175, (713) 422-8916; REGIONAL OFFICE: Dallas-Fort Worth
Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951,
(817) 588-5800.
TRD-200902446
Kathleen C. Decker
Director, Litigation Division
Texas Commission on Environmental Quality
Filed: June 16, 2009
The following notices were issued during the period of May 27,
2009 through June 11, 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
TEXAS PARKS AND WILDLIFE DEPARTMENT has applied for a renewal of
TCEQ Permit No. WQ0011189001, which authorizes the disposal of treated
domestic wastewater at a daily average flow not to exceed 10,000 gallons
per day via surface irrigation of 1.85 acres of non-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 Lake Brownwood State Park, approximately 0.1 mile
north of Park Road 15 and 0.3 mile east of Park Headquarters in Brown
County, Texas.
CITY OF ROBY has applied for a renewal of Permit No. WQ0010684001,
which authorizes the disposal of treated domestic wastewater at a
daily average flow not to exceed 45,000 gallons per day via surface
irrigation of 16.15 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 one mile east of the intersection of State
Highway 30 and U.S. Highway 180, south of U.S. Highway 180 in Fisher
County, Texas.
PROTESTANT EPISCOPAL CHURCH COUNCIL OF THE DIOCESE OF TEXAS has
applied for a renewal of TPDES Permit No. WQ0011462003, which authorizes
the discharge of treated domestic wastewater at a daily average flow
not to exceed 33,500 gallons per day. The facility is located approximately
2,000 feet north of the Grimes/Waller County Line and 1,000 feet west
of County Road 362 in Grimes County, Texas 77868.
CAROTEX INC which operates Carotex Port Arthur Plant, has applied
for a major amendment to TPDES Permit No. WQ0001674000 to authorize
the addition of boiler blowdown to the waste stream at Outfall 001.
The current permit authorizes the discharge of treated barge washwater,
tank washwater, ballast water, Marpol water, hydrostatic test water,
spills cleanup, storm water, bilge water, and storage tank condensate
water at a daily average flow not to exceed 48,000 gallons per day
via Outfall 001, and storm water on an intermittent and flow variable
basis via Outfall 002. The facility is located at 1500 Intracoastal
Drive, approximately one (1) mile downstream and southeast of the
Rainbow/Veterans Bridge, in the City of Port Arthur, Jefferson County,
Texas 77643.
PERSTORP COATINGS INC which operates a plant that manufactures
aliphatic polyisocyanate resins, organo rare earth products, and rare
earth products, has applied for a major amendment of TPDES Permit
No. WQ0001822000, to remove total radium-226 and total radium-228
effluent limitations at Outfall 002. The current permit authorizes
a discharge of treated wastewater consisting of process water from
rare earth and organo rare earth manufacturing, utility water, storm
water, and treated domestic sewage at a daily average flow not to
exceed 125,000 gallons per day via Outfall 001; and storm water on
an intermittent and variable basis via Outfall 002. The facility located
at 6213 Highway 332 East, two miles southeast of the intersection
of State Highway 288 and State Highway 332, in the extraterritorial
jurisdiction of the City of Freeport, Brazoria County, Texas.
UNITED STATES DEPARTMENT OF THE ARMY AND AMERICAN WATER OPERATIONS
AND MAINTENANCE INC which operates vehicle cleaning and sewage treatment
facilities at Ft. Hood, has applied for a renewal of TPDES Permit
No. WQ0002233000, which authorizes the discharge of wash rack treated
wastewaters on an intermittent and flow variable basis via Outfall
001 and 002; wash rack treated wastewaters commingled with storm water
on an intermittent and flow variable basis via Outfalls 004, 005,
and 006; and treated domestic wastewater via Outfall 010 at a daily
average flow not to exceed 30,000 gallons per day. The draft permit
authorizes the discharge of wash rack treated wastewaters commingled
with storm water via Outfalls 004, 005, and 006 on an intermittent
and flow variable basis; and treated domestic wastewater via Outfall
010 at a daily average flow not to exceed 30,000 gallons per day.
The facility is located in the main cantonment area and near Belton
Lake at Fort Hood, Bell and Coryell County, Texas.
LUMINANT BIG BROWN MINING COMPANY LLC AND LUMINANT MINING COMPANY
LLC which operates the Big Brown and Turlington Lignite Mining Areas,
a lignite surface mining facility, has applied for a major amendment
to TPDES Permit No. WQ0002700000 to add Outfall 002 for the discharge
of wastewater from the new Turlington Active Mining Area, and Outfall
102 for the discharge of wastewater from the new Turlington Post Mining
Area, to the permit. The current permit authorizes the discharge from
retention ponds including previously monitored effluents in the (Big
Brown) active mining area on an intermittent and flow variable basis
via Outfall 001; the discharge of wastewater from retention ponds
including previously monitored effluents in the (Big Brown) post-mining
area on an intermittent and flow variable basis via Outfall 101; and
the discharge of treated domestic wastewater at a daily average flow
not to exceed 12,000 gallons per day via Outfall 201. The location
of the Big Brown Mine Area is within a 6-mile radius west of Fairfield
Lake and 8 miles north of the City of Fairfield along Farm-to-Market
Road (FM) 2570 and the location of the Turlington Mine Area is within
a 6-mile radius east of Fairfield Lake and 6 miles northeast of the
City of Fairfield along FM 235 and FM 240, Freestone County, Texas.
HUDSON PRODUCTS CORPORATION which operates Hudson Products Plant,
an industrial products manufacturing plant, has applied for a renewal
of TPDES Permit No. WQ0003985000, which authorizes the discharge of
process wastewater, utility wastewater, storm water runoff, and previously
monitored effluent from internal Outfall 101 at a daily average flow
not to exceed 360,000 gallons per day via Outfall 001. The facility
is located approximately 0.2 miles north of U.S. Highway 59 and approximately
1.3 miles west of State Highway 360, near the City of Beasley, Fort
Bend, County, Texas.
CITY OF LUBBOCK which operates the municipally owned recreational
Jim Bertram Lake System, has applied for a renewal of TPDES Permit
No. WQ00004599000, which authorizes the discharge of groundwater from
beneath the City of Lubbock Land Application Site at a daily average
flow not to exceed 3,000,000 gallons per day via Outfall 001. The
facility is located on the North Fork Double Mountain Fork Brazos
River, within the city limit of Lubbock, Lubbock County, Texas.
CITY OF LAKE JACKSON has applied for a renewal of TPDES Permit
No. WQ0010047001, which authorizes the discharge of treated domestic
wastewater at an annual average flow not to exceed 5,850,000 gallons
per day. The facility is located at 151 Canna Lane, approximately
0.9 mile southwest of the intersection of Oak Drive and State Highway
332 in Brazoria County, Texas.
MEMORIAL VILLAGES WATER AUTHORITY has applied to the Texas Commission
on Environmental Quality (TCEQ) for a renewal of TPDES Permit No.
WQ0010584001, which authorizes the discharge of treated domestic wastewater
at an annual average flow not to exceed 3,050,000 gallons per day.
The facility is located approximately 1,500 feet south by southwest
of the San Felipe Drive Bridge where it crosses Buffalo Bayou and
approximately 1,500 feet south by southeast of the intersection of
San Felipe Drive and Farnham Park and east of the terminus of Farnham
Park in Harris County, Texas.
TEXAS DEPARTMENT OF AGING AND DISABILITY SERVICES SAN ANGELO STATE
SCHOOL has applied for a renewal of TCEQ Permit No. WQ0010634001,
which authorizes the disposal of treated domestic wastewater at a
daily average flow not to exceed 133,000 gallons per day via surface
irrigation of 35 acres of non-public access grassland. This permit
will not authorize a discharge of pollutants into waters in the State.
The wastewater treatment facility and disposal site are located approximately
16 miles northwest of the City of San Angelo on U.S. Highway 87 in
Tom Green County, Texas. The disposal site is located in the drainage
area of O.C. Fisher Lake in Segment 1425 of the Colorado River Basin.
TEXAS DEPARTMENT OF CRIMINAL JUSTICE has applied for a renewal
of TPDES Permit No. WQ0010878001, which authorizes the discharge of
treated domestic wastewater at a daily average flow not to exceed
540,000 gallons per day. The plant site is located outside the northwest
corner of the security compound of the Clemens Units, approximately
0.5 mile north of the intersection of State Highway 36 and Farm-to-Market
Road 2004, and approximately 5.0 miles southeast of the City of Brazoria
in Brazoria County, Texas 77342.
THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY (TCEQ) has initiated
a minor amendment of the Texas Pollutant Discharge Elimination System
(TPDES) permit WQ0011258001 issued to City of La Vernia to include
that Sewage sludge shall be tested once during the term of the permit
on Page 12 and Page 21 because it had been inadvertently left out
of the permit issued on January 15, 2009. The existing permit authorizes
the discharge of treated domestic wastewater at a daily average flow
not to exceed 500,000 gallons per day. The facility is located on
River Street approximately 2,000 feet east of Farm-to-Market Road
775 in Wilson County, Texas.
CITY OF TROY has applied for a renewal of TPDES Permit No. WQ0011263001
which authorizes the discharge of treated domestic wastewater at a
daily average flow not to exceed 309,000 gallons per day. The facility
is located at 1111 North Central Access Road, approximately 5,500
feet north of the center of the City of Troy and lying between Interstate
Highway 35 and the Missouri, Kansas, and Texas Railroad in Bell County,
Texas.
TRAVIS COUNTY WATER CONTROL AND IMPROVEMENT DISTRICT NO 17 has
applied for a new permit, Permit No. WQ0013294003, to authorize the
disposal of treated domestic wastewater at a daily average flow not
to exceed 165,000 gallons per day via non-public access subsurface
drip irrigation system with a minimum area of 48.599 acres. This permit
will not authorize a discharge of pollutants into waters in the State.
The wastewater treatment facility and disposal site will be located
on the north side of State Highway 71, approximately 4.1 miles west
of the intersection of State Highway 71 and Ranch Road 620; 1,400
feet southwest of the intersection of Flintrock Road and Tonkawa Trail;
and 1,510 feet south of the intersection of Flintrock Road and Serene
Hills Drive in Travis County, Texas.
STRAIGHTWAY INC has applied for a renewal of TPDES Permit No. WQ0014040001
which authorizes the discharge of treated domestic wastewater at a
daily average flow not to exceed 30,000 gallons per day. The facility
will be located at the intersection of Farm-to-Market Road 1161 and
County Road 218 in Wharton County, Texas.
EL PASO COUNTY TOMILLO WATER IMPROVEMENT DISTRICT has applied for
a renewal of TPDES Permit No. WQ0014529001 which authorizes the discharge
of treated domestic wastewater at a daily average flow not to exceed
730,000 gallons per day. The facility is located at 695 Henderson
Road, at the northwest corner of the intersection of Henderson Road
and the Tornillo Drain, approximately 7,000 feet southwest of Highway
20 in El Paso County, Texas.
CW SCOA WEST LP has applied for a new permit, proposed Texas Pollutant
Discharge Elimination System (TPDES) Permit No. WQ0014936001 to authorize
the discharge of treated domestic wastewater at a daily average flow
not to exceed 280,000 gallons per day. The facility will be located
approximately 1,400 feet South of the intersection of US Highway 290
and Skinner Road in Northwest Harris County, Texas.
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 deséa
información en Español, puede llamar al 1-800-687-4040.
TRD-200902458
LaDonna Castañuela
Chief Clerk
Texas Commission on Environmental Quality
Filed: June 17, 2009
Notice of Adopted Nursing Facility Payment Rates for State Veterans Homes
Adopted Rates. As the single state
agency for the state Medicaid program, the Texas Health and Human
Services Commission (HHSC) adopts the following per day payment rates
for the state-owned veterans nursing facilities for fiscal year (FY)
2009 effective September 1, 2008: Big Spring, $133.00; Bonham, $133.00;
Floresville, $133.00; Temple, $133.00; McAllen, $133.00; El Paso,
$133.00 and Amarillo, $133.00. Effective March 1, 2009 the rates adopted
are: Big Spring, $136.00; Bonham, $136.00; Floresville, $136.00; Temple,
$136.00; McAllen, $136.00; El Paso, $136.00 and Amarillo, $136.00.
HHSC conducted a public hearing to receive public comment on the
proposed payment rates for state-owned veterans homes in the nursing
facility program operated by the Texas Department of Aging and Disability
Services. There were no comments received during this hearing. The
hearing was held in compliance with Title 1 of the Texas Administrative
Code (TAC) §355.105(g), which requires public hearings on proposed
payment rates. The public hearing was held on May 14, 2009, at 1:00
p.m. in the Permian Basin Conference Room of Building H, Braker Center,
at 11209 Metric Boulevard, Austin, Texas 78758-4021.
Methodology and Justification. The
adopted rates were determined in accordance with the rate reimbursement
setting methodology at 1 TAC §355.311.
TRD-200902327
Steve Aragón
Chief Counsel
Texas Health and Human Services Commission
Filed: June 10, 2009
Hearing. The Texas Health and Human
Services Commission (HHSC) will conduct a public hearing on July 13,
2009, at 10:00 a.m. to receive public comment on rate increases for
the 24-Hour Residential Child Care (24-HR RCC) program operated by
the Department of Family and Protective Services (DFPS). The hearing
will be held in compliance with Texas Administrative Code (TAC) Title
1, §355.7103(a)(2), which requires public notice and hearings
on proposed 24-HR RCC reimbursements. The public hearing will be held
in the Lone Star Conference Room of the Health and Human Services
Commission, Braker Center, Building H, located at 11209 Metric Boulevard,
Austin, Texas. Entry is through Security at the main entrance of the
building, which faces Metric Boulevard. Persons requiring Americans
with Disabilities Act (ADA) accommodation or auxiliary aids or services
should contact Meisha Scott by calling (512) 491-1445, at least 72
hours prior to the hearing so appropriate arrangements can be made.
Proposal. HHSC proposes to increase
the rates for 24-HR RCC services. The proposed rates will be effective
September 1, 2009, and were determined in accordance with the rate
setting methodologies listed below under "Methodology and Justification."
Methodology and Justification. The
proposed rates were determined in accordance with the proposed amended
Rate-Setting Methodology for 24-Hour Residential Child-Care Reimbursements,
to be codified at 1 TAC §355.7103. The proposed amendment to §355.7103
will be published in the July 3, 2009, issue of the Texas Register.
These changes are being
made in accordance with the 2010-11 General Appropriations Act (Article
II, S.B. 1, 81st Legislature, Regular Session, 2009), which appropriated
$12,975,376 in general revenue funds for the State Fiscal Year 2010-2011
biennium for rate increases for 24-HR RCC.
Briefing Package. A briefing package
describing the proposed payment rates will be available on June 29,
2009. Interested parties may obtain a copy of the briefing package
prior to the hearing by contacting Meisha Scott by telephone at (512)
491-1445; by fax at (512) 491-1998; or by e-mail at meisha.scott@hhsc.state.tx.us.
The briefing package also will be available at the public hearing.
Written Comments. Written comments
regarding the proposed payment rates may be submitted in lieu of,
or in addition to, oral testimony until 5:00 p.m. the day of the hearing.
Written comments may be sent by U.S. mail to the attention of Meisha
Scott, Health and Human Services Commission, Rate Analysis, Mail Code
H-400, P.O. Box 85200, Austin, Texas 78708-5200; by fax to Meisha
Scott at (512) 491-1998; or by e-mail to meisha.scott@hhsc.state.tx.us.
In addition, written comments may be sent by overnight mail or hand
delivered to Meisha Scott, HHSC, Rate Analysis, Mail Code H-400, Braker
Center, Building H, 11209 Metric Boulevard, Austin, Texas 78758-4021.
TRD-200902456
Steve Aragón
Chief Counsel
Texas Health and Human Services Commission
Filed: June 17, 2009
The Texas Health and Human Services Commission announces its intent
to submit an amendment to the Texas State Plan for Medical Assistance,
under Title XIX of the Social Security Act. The proposed effective
date for this amendment is September 1, 2009.
The proposed amendment will adjust payment rates for the Nursing
Facility Program as a result of the 2010-11 General Appropriations
Act (Article II, Health and Human Services, 81st Legislature, Regular
Session, 2009), which appropriated general revenue funds for provider
rate increases for the Nursing Facility Program. The reimbursement
methodology will be modified to indicate that for the period beginning
September 1, 2009, and ending August 31, 2011, NF payment rates will,
on average, be equal to the payment rates in effect August 31, 2009,
plus 2.7 percent. The amendment will also delete the provision for
reinvestment under the Direct Care Staff Rate Component effective
September 1, 2009.
The proposed adjustment of payment rates is estimated to result
in additional annual aggregate expenditures of $5,619,401 for the
remainder of federal fiscal year (FFY) 2009 (September 1, 2009, through
September 30, 2009), with approximately $3,863,900 in federal funds
and approximately $1,755,501 in state general revenue. For FFY 2010,
the proposed adjustment of payment rates is estimated to result in
additional annual aggregate expenditures of $67,448,246, with approximately
$47,112,600 in federal funds and approximately $20,335,646 in state
general revenue.
The proposed deletion of the provision for reinvestment is estimated
to result in an aggregate annual savings of $264,885 for the remainder
of FFY 2009, with approximately $182,135 in federal funds and approximately
$82,750 in state general revenue. For FFY 2010, the proposed deletion
of the provision for reinvestment is estimated to result in an aggregate
savings of $3,178,624, with approximately $2,220,269 in federal funds
and approximately $958,355 in state general revenue.
Overall, the proposed amendment is estimated to result in additional
annual aggregate expenditures of $5,354,516 for the remainder of FFY
2009, with approximately $3,681,765 in federal funds and approximately
$1,672,751 in state general revenue. For FFY 2010, the proposed amendment
is estimated to result in additional annual aggregate expenditures
of $64,269,622, with approximately $44,892,331 in federal funds and
approximately $19,377,291 in state general revenue.
To obtain copies of the proposed amendment or to submit written
comments, interested parties may contact Pam McDonald by mail at Rate
Analysis Department, Texas Health and Human Services Commission, P.O.
Box 85200, Mail Code H-400, Austin, Texas 78708-5200; by telephone
at (512) 491-1373; by facsimile at (512) 491-1998; or by e-mail at
pam.mcdonald@hhsc.state.tx.us. Copies of the proposal will also be
made available for public review at the local offices of the Texas
Department of Aging and Disability Services.
TRD-200902332
Steve Aragón
Chief Counsel
Texas Health and Human Services Commission
Filed: June 11, 2009
The Texas Health and Human Services Commission announces its intent
to submit an amendment to the Texas State Plan for Medical Assistance,
under Title XIX of the Social Security Act. The proposed effective
date for this amendment is September 1, 2009.
The proposed amendment will adjust payment rates for the Intermediate
Care Facilities for Persons with Mental Retardation (ICF/MR) Program
as a result of the 2010-11 General Appropriations Act (Article II,
Health and Human Services, 81st Legislature, Regular Session, 2009),
which appropriated general revenue funds for provider rate increases
for the ICF/MR Program. The reimbursement methodology will be modified
to indicate that for the period beginning September 1, 2009 and ending
August 31, 2011, ICF/MR payment rates will, on average, be equal to
the payment rates in effect August 31, 2009 plus 1.5 percent.
The proposed adjustment of payment rates is estimated to result
in additional annual aggregate expenditures of $459,043 for the remainder
of federal fiscal year (FFY) 2009 (September 1, 2009, through September
30, 2009), with approximately $315,638 in federal funds and approximately
$143,405 in state general revenue. For FFY 2010, the proposed adjustment
of payment rates is estimated to result in additional annual aggregate
expenditures of $5,508,515, with approximately $3,847,698 in federal
funds and approximately $1,660,817 in state general revenue.
To obtain copies of the proposed amendment or to submit written
comments, interested parties may contact Pam McDonald by mail at Rate
Analysis Department, Texas Health and Human Services Commission, P.O.
Box 85200, Mail Code H-400, Austin, Texas 78708-5200; by telephone
at (512) 491-1373; by facsimile at (512) 491-1998; or by e-mail at
pam.mcdonald@hhsc.state.tx.us. Copies of the proposal will also be
made available for public review at the local offices of the Texas
Department of Aging and Disability Services.
TRD-200902333
Steve Aragón
Chief Counsel
Texas Health and Human Services Commission
Filed: June 11, 2009
Licensing Actions for Radioactive Materials
TRD-200902460
Lisa Hernandez
General Counsel
Department of State Health Services
Filed: June 17, 2009
Community Services Block Grant Public Hearings for 2010-2011 State Application and Plan
In accordance with the U.S. Department of Health and Human Services'
requirement for the Community Services Block Grant (CSBG) and as part
of the public information consultation and public hearing requirements
in 10 Texas Administrative Code §5.209, on the use of CSBG funds,
the Texas Department of Housing and Community Affairs (TDHCA) is conducting
a series of public hearings. The primary purpose of the hearings is
to solicit comments on the proposed Texas Community Services Block
Grant 2010-2011 State Application and Plan which describes the proposed
use and distribution of CSBG funds for Federal Fiscal Years 2010 and
2011. As federal statute requires, not less than ninety percent of
the CSBG funds will be distributed to CSBG eligible entities and not
more than five percent will be used for state administration, including
support for monitoring and the provision of technical assistance and
training. The remaining five percent will be utilized to fund state
discretionary projects/initiatives and for disaster assistance recovery.
The draft Application/Plan is to be presented to the TDHCA Board
of Directors on June 25, 2009. Once approved, the document is to be
posted and available for review on the Department's website at www.tdhca.state.tx.us
in the CSBG category.
The schedule for the public hearings is as follows:
Tuesday, July 7, 2009
6:00 p.m. - 8:00 p.m.
Coastal Bend Council of Governments, Large Conference Room
2910 Leopard Street
Corpus Christi, Texas
Wednesday, July 8, 2009
1:30 p.m. - 3:30 p.m.
Gulf Coast Community Services Association, Room # 225
University Business Park-Building One
5000 Gulf Freeway
Houston, Texas
Wednesday, July 8, 2009
1:30 p.m. - 3:30 p.m.
Urban League of Greater Dallas, Conference Room
4315 South Lancaster Road
Dallas, Texas
Thursday, July 9, 2009
1:30 p.m. - 3:30 p.m.
Texas Department of Housing and Community Affairs, Room # 116
221 East 11th Street
Austin, Texas
Thursday, July 9, 2009
6:00 p.m. - 8:00 p.m.
City of Lubbock's City Hall Council Chambers, Municipal Building, Room # 101
1625 13th Street
Lubbock, Texas
Individuals who require auxiliary aids or services should contact
Gina Esteves, ADA Responsible Employee, at least two days before the
scheduled hearing at (512) 475-3943 or Relay Texas at 1-800-735-2989
so that appropriate arrangements can be made.
A representative from TDHCA will be present at each of the public
hearings to explain the planning process and receive comments from
interested citizens and affected groups regarding the proposed Application/Plan.
For questions, contact J. Al Almaguer, Senior Planner, in the Community
Services Section at (512) 475-3908 or al.almaguer@tdhca.state.tx.us.
Comments may be provided in writing or by oral testimony at the hearings.
Written comments may be submitted to TDHCA at the time of each hearing
or by mail no later than July 24, 2009.
TRD-200902464
Michael Gerber
Executive Director
Texas Department of Housing and Community Affairs
Filed: June 17, 2009
Company Licensing
Application to change the name of VEREX ASSURANCE, INC. to GENWORTH
RESIDENTIAL MORTGAGE ASSURANCE CORPORATION, a foreign fire and casualty
company. The home office is in Madison, Wisconsin.
Application to change the name of MID-CONTINENT PREFERRED LIFE
INSURANCE COMPANY to AMERICAN BENEFIT LIFE INSURANCE COMPANY, a foreign
life 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-200902462
Gene C. Jarmon
General Counsel and Chief Clerk
Texas Department of Insurance
Filed: June 17, 2009
Notice of Application for Amendment to Service Provider Certificate of Operating Authority
On June 12, 2009, Grande Communications filed an application with
the Public Utility Commission of Texas (commission) to amend its service
provider certificate of operating authority (SPCOA) granted in SPCOA
Certificate Number 60341. Applicant intends to reflect a change in
ownership/control.
The Application: Application of Grande Communications for an Amendment
to its Service Provider Certificate of Operating Authority, Docket
Number 37107.
Persons wishing to comment on the action sought should contact
the Public Utility Commission of Texas by mail at P.O. Box 13326,
Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll free
at 1-888-782-8477 no later than July 1, 2009. Hearing and speech-impaired
individuals with text telephones (TTY) may contact the commission
at (512) 936-7136 or toll free at 1-800-735-2989. All comments should
reference Docket Number 37107.
TRD-200902441
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: June 16, 2009
The Public Utility Commission of Texas (commission) has initiated
a project relating to a database for electric customer bill payment
information. Project Number 36860, Rulemaking
Relating to Customer Database of Bill Payment Information, has
been established for this proceeding. The commission requests that
interested parties file comments in response to the following questions:
1. Does the commission have authority to do the following: a) create
an electric utility customer bill payment database or authorize a
third party to do so; b) collect information about electric utility
customer payment history or authorize a third party to do so; and
c) require a Retail Electric Provider (REP) to provide electric utility
customer bill payment information to the commission or a third party
to be shared with other REPs? Please provide support and rationale
for your position.
2. For what purpose can the information contained in an electric
utility customer bill payment database be used? What limitations,
if any, are there on the use of that information?
3. Does the commission have authority to implement a "hard disconnect"
policy? Does the authority differ depending on whether the "hard disconnect"
is voluntary or mandatory? Please provide support and rationale for
your position.
4. What information should the REPs be required to provide to include
in the database? What access to the database should be provided and
what limitations, if any, should be placed on access?
5. How should information in the database be protected?
6. How would the establishment of an electric utility bill payment
database benefit retail electric service customers?
7. How should the database be funded? Does the commission have
authority to mandate funding of the database? Please provide support
and rationale for your position.
Responses may be filed by submitting 16 copies to the commission's
Filing Clerk, Public Utility Commission of Texas, 1701 North Congress
Avenue, P.O. Box 13326, Austin, Texas 78711-3326 within 31 days of
the date of publication of this notice. All responses should reference
Project Number 36860.
Questions concerning this notice should be referred to Cliff Crouch,
Competitive Markets Division, at (512) 936-7296. Hearing and speech-impaired
individuals with text telephones (TTY) may contact the commission
at (512) 936-7136.
TRD-200902451
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: June 16, 2009
Order Adopting Amendments to Texas Rule of Disciplinary Procedure 6.06 and Board of Disciplinary Appeals Internal Procedural Rules
Misc. Docket No. 09-9089
ORDERED that:
1. Texas Rule of Disciplinary Procedure 6.06 and the Board of Disciplinary
Appeals (BODA) Internal Procedural Rules are amended as follows.
2. By order dated February 24, 2009, in Misc. Docket No. 09-9034,
the Supreme Court of Texas proposed amendments to Texas Rule of Disciplinary
Procedure 6.06 and BODA Internal Procedural Rules and invited public
comment. Following public comment, the Court made additional revisions
to Texas Rule of Disciplinary Procedure 6.06.
3. This Order contains the final version of the amended rules that
take effect on July 1, 2009. The comment appended to Texas rule of
Disciplinary Procedure 6.06 is intended to inform the construction
and application of the rule.
4. The Clerk is directed to:
a. file a copy of this Order with the Secretary of State;
b. cause a copy of this Order to be mailed to each registered member
of the State Bar of Texas by publication in the
Texas Bar Journal;
c. send a copy of this Order to each elected member of the Legislature; and
d. cause a copy of this Order to be posted on the website of the
Supreme Court of Texas at http://www.supreme.courts.state.tx.us.
In Chambers, this 8th day of June, 2009.
____________________________________
Wallace B. Jefferson, Chief Justice
____________________________________
Nathan L. Hecht, Justice
____________________________________
Harriet O'Neill, Justice
____________________________________
Dale Wainwright, Justice
____________________________________
Scott Brister, Justice
____________________________________
David M. Medina, Justice
____________________________________
Paul W. Green, Justice
____________________________________
Phil Johnson, Justice
____________________________________
Don R. Willett, Justice
TEXAS RULES OF DISCIPLINARY PROCEDURE
6.06.
A. Court Opinions: In any
case arising out of a Complaint, an opinion of a court of appeals
issued on or after May 1, 1992 has precedential value regardless of
its designation.
B. Board of Disciplinary Appeals Opinions:
Board of Disciplinary Appeals opinions are open to
the public and must be made available to public reporting services,
print or electronic, for publishing. These opinions are persuasive,
not precedential, in disciplinary proceedings tried in district court.
Comment to 2009 change: Rule 6.06 is divided into two subdivisions.
The language in subdivision A is amended to remove an outdated reference
to the official reporter system and to be consistent with Texas Rule
of Appellate Procedure (TRAP) 47 amendments intended to prospectively
discontinue designating opinions as either "published" or "unpublished."
The erroneously designated opinions addressed in subdivision A have
precedential value from May 1, 1992 on because that is the effective
date of the prior version of the rule, which mandated publication
of [a]ll cases involving the Professional Misconduct or Disability
of an attorney appealed to the Courts of Appeal [sic] or to the Supreme
Court of Texas." New subdivision B addresses Board of Disciplinary
Appeals (BODA) opinions and includes a distribution provision similar
to TRAP 47.3. This change provides for the publication of BODA opinions
issued in any type of case, whether pursuant to BODA's original or
appellate jurisdiction.
BODA INTERNAL PROCEDURAL RULES
Rule 1.16 BODA Opinions
(a) BODA may render judgment with or without written opinion
in any disciplinary matter. In accordance with TRDP 6.06, all written
opinions of BODA are open to the public and shall be made available
to the public reporting services, print or electronic, for publishing.
A majority of the members who participate in considering the disciplinary
matter must determine if an opinion will be written. The names of
the participating members must be noted on all written opinions of
BODA.
(b) Only a member who participated in the decision of a disciplinary
matter may file or join in a written opinion concurring in or dissenting
from the judgment of BODA. For purposes of this Rule, in hearings
in which evidence is taken, no member may participate in the decision
unless that member was present at the hearing. In all other proceedings,
no member may participate unless that member has reviewed the record.
Any member of BODA may file a written opinion in connection with the
denial of a hearing or rehearing en banc.
(c) A BODA determination in an appeal from a grievance classification
decision under TRDP 2.10 is not a judgment for purposes of this Rule
and may be issued without a written opinion.
Rule 4.10 Decision and Judgment
(a) Decision. BODA may affirm in
whole or in part the decision of the evidentiary panel, modify the
panel's finding(s) and affirm the finding(s) as modified, reverse
in whole or in part the panel's finding(s) and render such decision
as the panel should have rendered, or reverse the panel's finding(s)
and remand the cause for further proceedings to be conducted by:
(1) the panel that entered the finding(s); or
(2) a statewide grievance committee panel appointed by BODA and
composed of members selected from the state bar districts other than
the district from which the appeal was taken.
(b
(c
TRD-200902334
Kennon Peterson
Rules Attorney
Supreme Court of Texas
Filed: June 11, 2009
Request for Proposal - Professional Services
The Texas Department of Transportation (department) announces a
Request for Proposal (RFP) for professional services pursuant to Government
Code, Chapter 2254, Subchapter A. The term of the contract will be
from project initiation to August 21, 2011. The department will administer
the contract. The RFP will be released on June 26, 2009.
Purpose: The Texas Department of
Transportation is seeking qualified Certified Public Accounting (CPA)
firms to provide financial/audit services for Disadvantaged Business
Enterprises. This solicitation is to provide CPA financial/audit services
to Disadvantaged Business Enterprises (DBEs) through the Technical
Assistance Program (TAP) for participation in the department contracts
and procurements. Vendors shall provide services to DBEs throughout
the state of Texas. Please note: the DBE must be certified in a highway
construction category as defined by the Federal Highway Administration
(FHWA) for at least six months in order to receive services under
the contract agreement. TxDOT will verify certification status of
each DBE prior to approving the submitted TAP Request Form. Each DBE
is eligible to receive up to $10,000 of services as a part of the
TAP Program. TxDOT will notify and apprise each DBE of available funds
remaining.
Eligible Applicants: Eligible applicants
will include Disadvantaged Business Enterprises (DBEs), a business
certified according to federal requirements for minority-owned and
woman-owned businesses as stated in 49 C.F.R., Subchapter A, Part
26. TxDOT will verify certification status of each DBE.
Program Goal: To provide financial
services to Disadvantaged Business Enterprises (DBEs) for participation
in the department contracts and procurements.
Review and Award Criteria: Each response
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 accounting firm'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 July 21, 2009.
To Obtain a Copy of the RFP: Requests
for a copy of the RFP should be submitted to Autumn Harrison, Business
Outreach and Program Services Branch, General Services Division, Texas
Department of Transportation, 125 East 11th Street, Austin, Texas
78701-2483, telephone (512) 374-5389, fax (512) 374-5391, email aharri2@dot.state.tx.us.
Copies will also be available on the Electronic State Business Daily
(ESBD) at (http://esbd.cpa.state.tx.us/).
TRD-200902455
Joanne Wright
Deputy General Counsel
Texas Department of Transportation
Filed: June 17, 2009
Notice of Award of Major Consulting Contract
Description of Activities Consultant Will Conduct:
The selected consulting firm is responsible for assisting the University
of North Texas System (UNT System) and member institutions in studying
and analyzing the UNT System's Human Resources and Informational Technology
functions currently managed and planned at the institution level and
to recommend those functions that would be best handled at the UNT
System level.
Name and Business Address of Consultant:
Alvarez & Marsal Business Consulting, LLC
Trammel Crow Tower
2001 Ross Avenue, Suite 1400
Dallas, Texas 75201
Total Value and Beginning and Ending Dates of Contract:
Value: $300,000.00
Beginning Date: June 5, 2009
Ending Date: Shall remain in effect until the completion, approval,
and acceptance of all services; and the delivery of final payment
to Alvarez & Marsal Business Consulting, LLC
Dates on Which Documents, Films, Recordings,
or Reports that Consultant is required to present are due:
Date: Various depending on analysis completion--Should be within
8 weeks of the beginning of the analysis
TRD-200902382
Carrie Stoeckert
Assistant Director of PPS
University of North Texas System
Filed: June 12, 2009
Request for Proposals: Texans Feeding Texans: Surplus Agricultural Products Grant Program
Office of the Attorney General
Coastal Coordination Council
Comptroller of Public Accounts
Office of Consumer Credit Commissioner
Credit Union Department
Texas Commission on Environmental Quality
Enforcement Orders
Notice of Opportunity to Comment on Agreed Orders of Administrative Enforcement Actions
Notice of Opportunity to Comment on Default Orders of Administrative Enforcement Actions
Notice of Water Quality Applications
Texas Health and Human Services Commission
Notice of Public Hearing on Proposed Payment Rates
Public Notice
Public Notice
Department of State Health Services
Texas Department of Housing and Community Affairs
Texas Department of Insurance
Public Utility Commission of Texas
Request for Comments
Supreme Court of TexasPublication of Court
and Board of Disciplinary Appeals Opinions
All cases involving the Professional Misconduct or Disability
of an attorney appealed to the Courts of Appeals or to the Supreme
Court of Texas must be published in the official reporter system.
This provision takes precedence over the applicable Texas Rules of
Appellate Procedure.
(b) Opinions. BODA may render judgment with or without written
opinion.
c) Notice of Orders
and Judgment. When BODA renders judgment or grants or overrules
a motion, the clerk shall give notice to the parties or their attorneys
of record of the disposition made of the cause or of the motion, as
the case may be. The notice shall be given by first-class mail and
be marked so as to be returnable to the clerk in case of nondelivery.
d) Mandate. In
every case where BODA reverses or otherwise modifies the judgment
appealed from, BODA shall issue a mandate in accordance with its judgment
and deliver it to the evidentiary panel.
Texas Department of Transportation
University of North Texas System
Texas Water Development Board