Department of Aging and Disability Services
Public Notice Announcing the Pre-Application Orientation for Enrollment of Home and Community-Based Services and Texas Home Living Medicaid Waiver Program Providers
The Department of Aging and Disability Services (DADS) is making the Pre-Application Orientation (PAO) available online for persons seeking to participate as a contractor in the Home and Community-based Services (HCS) or the Texas Home Living (TxHmL) Medicaid Waiver Programs or both. Applicants will be able to complete the PAO via computer-based training and submit application packets for the HCS and TxHmL Programs year round. The computer-based PAO and instructions on how to complete an application packet will be available year round starting in June 2009. Please visit the DADS HCS and TxHmL websites, listed below, for more information about each program.
http://www.dads.state.tx.us/providers/HCS/howto.html
http://www.dads.state.tx.us/providers/TxHmL/howto.html
For any additional information concerning the PAO, you may contact DADS Community Services Contracts at (512) 438-3550 or via e-mail at hcsmailbox@dads.state.tx.us.
TRD-200901879
Kenneth L. Owens
General Counsel
Department of Aging and Disability Services
Filed: May 12, 2009
Agreed Final Judgment and Permanent Injunction
Notice is hereby given by the State of Texas of the following proposed resolution of an environmental enforcement lawsuit under the Texas Water and Health & Safety Codes. Before the State may settle a judicial enforcement action, pursuant to §7.110 of the Texas Water Code, the State shall permit the public to comment in writing on the proposed judgment. The Attorney General will consider any written comments and may withdraw or withhold consent to the proposed agreed judgment if the comments disclose facts or considerations that indicate that the consent is inappropriate, improper, inadequate, or inconsistent with the requirements of Chapter 7 of the Texas Water Code.
Case Title and Court: State of Texas v. City of Edcouch, Texas, Cause No. D-1-GV-03-0000213 in the 201st District, Travis County, Texas.
Background: This is a suit for enforcement of rules of the Texas Commission on Environmental Quality concerning a drinking water facility and wastewater treatment plant owned and operated by the City of Edcouch.
Nature of Settlement: Proposed Agreed Judgment: The proposed Agreed Final Judgment and Permanent Injunction settles all of the State's claims in the suit. The Agreed Final Judgment and Permanent Injunction contains provisions for injunctive relief, civil penalties, and attorney's fees. The proposed judgment will enjoin the City of Edcouch, to correct violations and maintain compliance levels at its public drinking water facility and wastewater treatment plant. The judgment awards the State attorney's fees of $50,000; and civil penalties of $105,000.
The Office of the Attorney General will accept written comments relating to this proposed judgment for thirty (30) days from the date of the publication of this notice. Copies of the proposed judgment may be examined at the Office of the Attorney General, 300 W. 15th Street, 10th Floor, Austin, Texas. A copy of the proposed judgment may also be obtained in person or by mail at the above address for the cost of copying. Requests for copies of the judgment and written comments on the proposed judgment should be directed to Sarah Jane Utley, Assistant Attorney General, Office of the Texas Attorney General, P.O. Box 12548, Austin, Texas 78711-2548, (512) 463-2012, facsimile (512) 320-0911.
For more information regarding this publication, contact Cindy Hodges, Agency Liaison, at (512) 936-1841.
TRD-200901903
Stacey Napier
Deputy Attorney General
Office of the Attorney General
Filed: May 13, 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 May 1, 2009, through May 7, 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 May 13, 2009. The public comment period for this project will close at 5:00 p.m. on June 12, 2009.
FEDERAL AGENCY ACTIONS:
Applicant: Penn-Virginia Oil and Gas, LP; Location: The project is located adjacent to the South Fork of Taylor Bayou, south of Craigen Road, near Hamshire, Jefferson County, Texas. The project can be located on the U.S.G.S. quadrangle map entitled: Hamshire, Texas. Approximate UTM Coordinates in NAD 83 (meters): Zone 15; Easting: 378832; Northing: 3303977. Project Description: The applicant proposes to construct a 300- by 325-foot gravel well pad with a ring levee for the installation of the Junker Spencer Well No. 69 natural gas well. A temporary tank farm will be installed on top of the gravel pad. The well pad will be reduced in size if the well is productive. Approximately 1,500 cubic yards of gravel will be used, filling 0.72 acres of forested wetlands. The site will be accessed using an existing access road. If the well produces, approximately 0.65 mile of pipeline (two 2- to 3-inch lines) will be laid across two existing gravel access road rights-of-ways (ROW), and subsurface bored along a utility ROW. No wetlands will be impacted from the pipeline installation. The applicant is also proposing a 7:1 mitigation ratio (5.04 acres) by paying an in-lieu mitigation fee to the National Fish and Wildlife Foundation for ultimate work in the Trinity River National Wildlife Refuge. CCC Project No.: 09-0154-F1. Type of Application: U.S.A.C.E. permit application #SWG-2008-00052 is being evaluated under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. §403) and §404 of the Clean Water Act (33 U.S.C.A. §1344). Note: The consistency review for this project may be conducted by the Railroad Commission of Texas under §401 of the Clean Water Act (33 U.S.C.A. §1344).
Applicant: Harris County Public Infrastructure Department; Location: The project is located in Wildwood Bayou and an adjacent ditch, within Harris County Flood Control District (HCFCD) Unit No. A102-01-00, in Seabrook, Harris County, Texas. The project can be located on the U.S.G.S. quadrangle map entitled: League City, Texas. Approximate UTM Coordinates in NAD 83 (meters): Start - Zone 15; Easting: 302420.4; Northing: 3272630.5. End - Zone 15; Easting: 303042. Project Description: The applicant proposes to widen and expand Repsdorph Road and construct the associated stormwater management facilities needed for the road expansion. The applicant proposes to install 2,310 linear feet of double 10-foot wide by 5-foot tall box culverts with standard earthen material fill within HCFCD Unit No. A102-01-00. The installation of the double box culverts and the fill of standard earthen material will impact 1.061 acres of HCFCD Unit No. A102-01-00 and 0.30 acres of adjacent wetlands. Two sets of double 60-inch-diameter corrugated metal pipes will be removed under Lakeside Lane and near the intersection of HCFCD Unit No. A102-01-00 and Wildwood Bayou for installation of the box culverts. The box culverts will connect to a 380-square-foot outfall structure that will impact 0.0087 acre of Wildwood Bayou. To construct the outfall structure, a 200-square-foot cofferdam will be constructed that will temporarily impact 0.004 acre of Wildwood Bayou. CCC Project No.: 09-0161-F1. Type of Application: U.S.A.C.E. permit application #SWG-2006-02030 is being evaluated under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. §403) and §404 of the Clean Water Act (33 U.S.C.A. §1344). Note: The consistency review for this project may be conducted by the Texas Commission on Environmental Quality under §401 of the Clean Water Act (33 U.S.C.A. §1344).
Applicant: Golden Pass LNG Terminal, LLC; Location: The project is located in the Port Arthur Ship Channel, at 3752 South Gulf Freeway Drive, in Sabine Pass, Jefferson County, Texas. The site can be located on the U.S.G.S. quadrangle map entitled: Port Arthur South, Texas. Approximate UTM Coordinates in NAD 83 (meters): Zone 15; Easting: 410673; Northing: 3294334. Project Description: The applicant requests permission to modify Department of the Army Permit 23260 to increase the dredge depth in the Golden Pass LNG (GP LNG) Turning Basin from -40 feet below mean low water (MLW), with 2 feet of advanced maintenance and a 2-foot over dredge, to -45 feet below MLW, with 2 feet of advanced maintenance and a 2-foot over dredge. In addition, the applicant wishes to extend the time to perform maintenance dredging to 10 years. Approximately 900,000 cubic yards of material would be excavated by mechanical or hydraulic means. CCC Project No.: 09-0162-F1. Type of Application: U.S.A.C.E. permit application #SWG-2004-02118 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-200901900
Larry L. Laine
Chief Clerk/Deputy Land Commissioner, General Land Office
Coastal Coordination Council
Filed: May 13, 2009
The Texas Treasury Safekeeping Trust Company (Trust Company), by and through the Texas Comptroller of Public Accounts, announces this notice of contract awards for investment consulting services.
The notice of request for proposals (RFP #191a) was published in the October 24, 2008, issue of the Texas Register (33 TexReg 8815).
The Trust Company announces that two (2) contracts were awarded to the following:
1. Asset Consulting Group, Inc., 231 S. Bemiston, 14th Floor, St. Louis, MO 63105, was selected as the General Investment Consultant. The total contract amount shall not exceed $700,000. The term of the contract is February 1, 2009 through December 31 2009. The Trust Company shall have the right to renew the contract for up to two (2) additional 1-year terms, one year at a time, beginning January 1, 2010.
2. Aksia LLC, 599 Lexington Avenue, 46th Floor, New York, NY 10022, was selected as the Selected Consultant. The total contract amount shall be $750,000 per annum. The term of the contract is April 1, 2009 through August 31, 2010. The Trust Company shall have the right to renew the contract for up to two (2) additional one year periods, one year at a time.
TRD-200901872
William Clay Harris
Assistant General Counsel, Contracts
Comptroller of Public Accounts
Filed: May 11, 2009
The Consumer Credit Commissioner of Texas has ascertained the following rate ceilings by use of the formulas and methods described in §§303.003, 303.005, and 303.009, Texas Finance Code.
The weekly ceiling as prescribed by §303.003 and §303.009 for the period of 05/18/09 - 05/24/09 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 05/18/09 - 05/24/09 is 18% for Commercial over $250,000.
1Credit for personal, family or household use.
2Credit for business, commercial, investment or other similar purpose.
TRD-200901877
Leslie L. Pettijohn
Commissioner
Office of Consumer Credit Commissioner
Filed: May 12, 2009
The Deep East Texas Local Workforce Development Board, Inc. dba WorkForce Solutions Deep East Texas issues this public notice that the strategic and operational plan modification summary for Board Contract Years 2009-2010 is available for public review and comment. The plan modification summary is available on the WorkForce Solutions Deep East Texas Internet site http://www.detwork.org; or may be requested by telephone (936) 639-8898 or in person at 539 South Chestnut, Suite 300, Lufkin, Texas 75901.
WorkForce Solutions Deep East Texas is responsible for the implementation of workforce development programs in the following 12 counties: Angelina, Houston, Jasper, Nacogdoches, Newton, Polk, Sabine, San Augustine, San Jacinto, Shelby, Trinity, and Tyler.
The entire plan includes the Board's mission, goals and objectives; a labor market analysis; plans for employer involvement; elements of system operation including service delivery, partners, structure, and performance; information regarding the alignment to the state workforce plan; public comments; and priority of service. The plan modification summary describes the intended changes to the plan and appendices.
The public comment period begins on May 26, 2009 and the deadline for receipt of comments is 5:00 p.m. on June 26, 2009. Comments must be submitted in writing to the following postal address: 539 South Chestnut, Suite 300, Lufkin, Texas 75901, faxed to the following number: (936) 633-7491, or e-mailed to the following individual: Marilyn Hartsook at marilyn.hartsook@twc.state.tx.us. Comments will be incorporated as part of the Board's plan modification. For more information, call Marilyn Hartsook at (936) 639-8898.
The Deep East Texas Local Workforce Development Board is an equal opportunity organization. Auxiliary aids or services are available upon request to those individuals with disabilities. For extra assistance, please contact us at (936) 639-8898.
TRD-200901690
Marilyn Hartsook
Planning and Operations Director
Deep East Texas Local Workforce Development Board
Filed: May 5, 2009
The Texas Commission on Environmental Quality (TCEQ or commission) staff is providing an opportunity for written public comment on the listed Agreed Orders (AOs) in accordance with Texas Water Code (the Code), §7.075. Section 7.075 requires that before the commission may approve the AOs, the commission shall allow the public an opportunity to submit written comments on the proposed AOs. Section 7.075 requires that notice of the proposed orders and the opportunity to comment must be published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is June 22, 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 June 22, 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: ABC Custom Homes, Inc.; DOCKET NUMBER: 2009-0641-WQ-E; IDENTIFIER: RN105698963; LOCATION: Ector County; TYPE OF FACILITY: general contractor; RULE VIOLATED: 30 Texas Administrative Code (TAC) §281.25(a)(4), by failing to obtain a construction general permit; PENALTY: $700; ENFORCEMENT COORDINATOR: Harvey Wilson, (512) 239-0321; REGIONAL OFFICE: 3300 North A Street, Building 4-107, Midland, Texas 79705-5406, (432) 570-1359.
(2) COMPANY: Big Diamond, Inc. dba Diamond Shamrock 1260; DOCKET NUMBER: 2009-0178-PST-E; IDENTIFIER: RN102438413; LOCATION: El Paso, El Paso County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §115.245(2) and Texas Health and Safety Code (THSC), §382.085(b), by failing to verify proper operation of the Stage II equipment; PENALTY: $4,401; Supplemental Environmental Project (SEP) offset amount of $1,760 applied to Audubon Society-Rio Bosque Wetland Park; ENFORCEMENT COORDINATOR: Brianna Carlson, (956) 425-6010; REGIONAL OFFICE: 401 East Franklin Avenue, Suite 560, El Paso, Texas 79901-1212, (915) 834-4949.
(3) COMPANY: Chemical Lime, Limited; DOCKET NUMBER: 2008-1122-AIR-E; IDENTIFIER: RN100552454; LOCATION: New Braunfels, Comal County; TYPE OF FACILITY: lime manufacturing plant; RULE VIOLATED: 30 TAC §122.143(4) and §122.145(2)(C), Federal Operating Permit (FOP) Number O-01122, General Terms and Conditions (GTC), and THSC, §382.085(b), by failing to submit the Title V deviation report; PENALTY: $2,875; ENFORCEMENT COORDINATOR: Trina Grieco, (210) 490-3096; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.
(4) COMPANY: City of China; DOCKET NUMBER: 2009-0254-MWD-E; IDENTIFIER: RN101721686; LOCATION: Jefferson County; TYPE OF FACILITY: wastewater treatment plant; RULE VIOLATED: 30 TAC §305.125(1), Texas Pollutant Discharge Elimination System (TPDES) Permit Number 12104001, Effluent Limitations and Monitoring Requirements Numbers 1, 2, and 6, and the Code, §26.121(a), by failing to comply with the permitted effluent limitations for dissolved oxygen, five-day biochemical oxygen demand, total chlorine residual, and total suspended solids (TSS); and 30 TAC §305.125(17) and TPDES Permit Number 12104001, Sludge Provisions, by failing to timely submit the annual sludge report; PENALTY: $10,322; ENFORCEMENT COORDINATOR: Jennifer Graves, (956) 425-6010; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1830, (409) 898-3838.
(5) COMPANY: Eagle Rock Field Services, L.P.; DOCKET NUMBER: 2009-0147-AIR-E; IDENTIFIER: RN100222660; LOCATION: Miami, Roberts County; TYPE OF FACILITY: natural gas compressor station; RULE VIOLATED: 30 TAC §122.143(4) and §122.146(2), FOP Number O-00821, GTC, and THSC, §382.085(b), by failing to submit the annual permit compliance certification; and 30 TAC §101.27(c)(1) and the Code, §5.702, by failing to pay outstanding air emissions late fees; PENALTY: $2,575; ENFORCEMENT COORDINATOR: Steven Lopez, (512) 239-1896; REGIONAL OFFICE: 3918 Canyon Drive, Amarillo, Texas 79109-4933, (806) 353-9251.
(6) COMPANY: Exxon Mobil Corporation; DOCKET NUMBER: 2009-0132-AIR-E; IDENTIFIER: RN102579307; LOCATION: Baytown, Harris County; TYPE OF FACILITY: refining and supply company; RULE VIOLATED: 30 TAC §116.715(a), Flexible Permit Number 18287, Special Condition (SC) Number 1, and THSC, §382.085(b), by failing to prevent unauthorized emissions; PENALTY: $10,000; SEP offset amount of $4,000 applied to Houston-Galveston AERCO's Clean Cities/Clean Vehicles Program; ENFORCEMENT COORDINATOR: John Muennink, (361) 825-3100; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1452, (713) 767-3500.
(7) COMPANY: Harris County Municipal Utility District Number 249; DOCKET NUMBER: 2009-0318-MWD-E; IDENTIFIER: RN102955549; LOCATION: Spring, Harris County; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number WQ0013765001, Effluent Limitations and Monitoring Requirements Number 1, and the Code, §26.121(a), by failing to comply with permitted effluent limits for ammonia nitrogen and carbonaceous biochemical oxygen demand; PENALTY: $1,100; ENFORCEMENT COORDINATOR: Craig Fleming, (512) 239-5806; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1452, (713) 767-3500.
(8) COMPANY: City of Plano; DOCKET NUMBER: 2009-0034-AIR-E; IDENTIFIER: RN102892007; LOCATION: Melissa, Collin County; TYPE OF FACILITY: composting site; RULE VIOLATED: 30 TAC §111.201 and THSC, §382.085(b), by failing to comply with the general prohibition of outdoor burning; PENALTY: $1,050; SEP offset amount of $840 applied to North Central Texas Council of Governments - North Central Texas Clean School Bus Program; ENFORCEMENT COORDINATOR: Kirk Schoppe, (512) 239-0489; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(9) COMPANY: Producers Cooperative Association; DOCKET NUMBER: 2009-0618-PST-E; IDENTIFIER: RN102493111; LOCATION: Bryan, Brazos County; TYPE OF FACILITY: underground storage tank; RULE VIOLATED: 30 TAC §334.8(c)(5)(A)(i), by failing to possess a valid TCEQ delivery certificate prior to receiving fuel; PENALTY: $875; ENFORCEMENT COORDINATOR: Keith Frank, (512) 239-1203; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.
(10) COMPANY: Judy Rinker and Phyllis Bigby; DOCKET NUMBER: 2008-1958-PWS-E; IDENTIFIER: RN101232031; LOCATION: Canyon Lake, Comal County; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.109(c)(2)(A)(i) and §290.122(c)(2)(B) and THSC, §341.033(d), by failing to collect routine distribution coliform samples and by failing to provide public notification of the failure to sample; PENALTY: $2,052; ENFORCEMENT COORDINATOR: Amanda Henry, (713) 767-3500; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.
(11) COMPANY: Texas Barge & Boat, Inc.; DOCKET NUMBER: 2009-0433-IWD-E; IDENTIFIER: RN102037959; LOCATION: Brazoria County; TYPE OF FACILITY: barge cleaning and marine vessel repair; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number WQ0004696000, Effluent Limitations and Monitoring Requirements Number 1 at Outfall 004, and the Code, §26.121(a)(1), by failing to comply with permitted effluent limits for TSS, oil and grease, and total organic carbon; PENALTY: $5,970; ENFORCEMENT COORDINATOR: Heather Brister, (254) 751-0335; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77024-1452, (713) 767-3500.
(12) COMPANY: Larry West dba West Dairy Farm; DOCKET NUMBER: 2009-0150-AGR-E; IDENTIFIER: RN104348537; LOCATION: Grayson County; TYPE OF FACILITY: dairy; RULE VIOLATED: 30 TAC §321.47(j), by failing to have a Natural Resources Conservation Service engineer, licensed Texas professional engineer, or licensed Texas professional geoscientist review liner maintenance documentation and perform a site evaluation of structural controls every five years; PENALTY: $2,369; ENFORCEMENT COORDINATOR: Tom Jecha, (512) 239-2576; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
TRD-200901878
Kathleen C. Decker
Director, Litigation Division
Texas Commission on Environmental Quality
Filed: May 12, 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 June 22, 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.
Copies 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 June 22, 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: Aztec Waste, Inc.; DOCKET NUMBER: 2007-0902-MLM-E; TCEQ ID NUMBER: RN103991634; LOCATION: 13242 Lookout Road, San Antonio, Bexar County; TYPE OF FACILITY: municipal solid waste recycling facility; RULES VIOLATED: 30 TAC §328.5(d), by failing to establish and maintain financial assurance for closure of a municipal solid waste recycling facility; 30 TAC §328.4(a) and §328.5(a) and (b), by failing to obtain authorization to operate a recycling facility; and 30 TAC §330.15(a)(1) and TWC, §26.121(a), by failing to prevent the discharge of municipal solid waste into or adjacent to water in the State; PENALTY: $3,210; STAFF ATTORNEY: Gary Shiu, Litigation Division, MC R-12, (713) 422-8916; REGIONAL OFFICE: San Antonio Regional Office, 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.
(2) COMPANY: Bryan D. Carlson; DOCKET NUMBER: 2008-1138-LII-E; TCEQ ID NUMBER: RN104706726; LOCATION: 4955 Jaymar Drive, Sugar Land, Harris County; TYPE OF FACILITY: licensed landscape irrigator; RULES VIOLATED: 30 TAC §344.58(c), recodified in 30 TAC §344.34(d), effective January 1, 2009 (33 TexReg 6843), by failing to refrain from authorizing or allowing anyone else to use his license to act as a licensed irrigator; PENALTY: $250; STAFF ATTORNEY: Phillip Goodwin, Litigation Division, MC 175, (512) 239-0675; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Street, Suite H, Houston, Texas 77023, (713) 767-3500.
(3) COMPANY: D. L. Finney Investments, Inc.; DOCKET NUMBER: 2008-0586-WQ-E; TCEQ ID NUMBER: RN104968474; LOCATION: intersection of Samac Street and 1st Street, Lampasas, Lampasas County; TYPE OF FACILITY: construction site; RULES VIOLATED: 30 TAC §281.25(a)(4) and 40 Code of Federal Regulations (CFR) §122.26(c), by failing to obtain authorization to discharge stormwater associated with construction activities; PENALTY: $2,100; STAFF ATTORNEY: Xavier Guerra, Litigation Division, MC R-13, (210) 403-4016; REGIONAL OFFICE: Waco Regional Office, 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.
(4) COMPANY: Fikremariam Deresse and Gizaw Getachew dba John's Corner Store; DOCKET NUMBER: 2007-1786-PST-E; TCEQ ID NUMBER: RN101560985; LOCATION: 4925 South Second Avenue, Dallas, Dallas County; TYPE OF FACILITY: inactive underground storage tanks (USTs); RULES VIOLATED: 30 TAC §334.47(a)(2), by failing to permanently remove from service, no later than 60 days after the prescribed upgrade implementation date, three USTs for which any applicable component of the system is not brought into timely compliance with the upgrade requirements; and 30 TAC §334.22(a) and TWC, §5.702, by failing to pay outstanding UST fees and associated late fees for TCEQ Financial Account Number 0031759U for Fiscal Years 1997 - 2007; PENALTY: $2,625; STAFF ATTORNEY: Benjamin Thompson, Litigation Division, MC 175, (512) 239-1297; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(5) COMPANY: Fouad Matar dba Bingle Chevron; DOCKET NUMBER: 2008-1909-PST-E; TCEQ ID NUMBER: RN101778884; LOCATION: 2901 Bingle Road, Houston, Harris County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §115.245(2) and Texas Health and Safety Code (THSC), §382.085(b), by failing to verify proper operation of the Stage II equipment at least once every 12 months; PENALTY: $3,218; STAFF ATTORNEY: Phillip Goodwin, Litigation Division, MC 175, (512) 239-0675; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Street, Suite H, Houston, Texas 77023, (713) 767-3500.
(6) COMPANY: Gator Stop, Inc. dba Gator Stop Raywood; DOCKET NUMBER: 2008-0326-PST-E; TCEQ ID NUMBER: RN101729127; LOCATION: 13652 Highway 90 East, Raywood, Liberty County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.50(b)(1)(A) and TWC, §26.3475(c)(1), by failing to monitor USTs for release at a frequency of at least once every month (not to exceed 35 days between each monitoring); 30 TAC §334.50(d)(1)(B) and TWC, §26.3475(c)(1), by failing to conduct proper inventory control procedures for all USTs at the facility; 30 TAC §334.8(c)(4)(A)(vii) and (5)(B)(ii), by failing to timely renew a previously issued UST delivery certificate by submitting a properly completed UST registration and self-certification form at least 30 days before the expiration date; and 30 TAC §334.8(c)(5)(A)(i) and TWC, §26.3467(a), by failing to make available to a common carrier a valid, current TCEQ delivery certificate before accepting delivery of a regulated substance into the USTs; PENALTY: $5,160; STAFF ATTORNEY: Peipey Tang, Litigation Division, MC 175, (512) 239-0654; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Street, Suite H, Houston, Texas 77023, (713) 767-3500.
(7) COMPANY: J.C. Evans Construction Company, Inc.; DOCKET NUMBER: 2005-0897-AIR-E; TCEQ ID NUMBER: RN103045340; LOCATION: County Road 239, near Georgetown, Williamson County; TYPE OF FACILITY: rock crusher; RULES VIOLATED: 30 TAC §116.110(a)(1) and THSC, §382.0518(a) and §382.085(b), by failing to obtain authorization or satisfy the conditions of a permit by rule to operate an existing facility; PENALTY: $210,000, Supplemental Environmental Project offset amount of $168,000 for the performance of the SEP and any remaining funds to Texas Association of Resource Conservation & Development Areas, Inc. - Cleanup of Unauthorized Dumpsites; STAFF ATTORNEY: James Sallans, Litigation Division, MC 175, (512) 239-2053; REGIONAL OFFICE: Austin Regional Office, 2800 South Interstate Highway 35, Suite 100, Austin, Texas 78704-5712, (512) 339-2929.
(8) COMPANY: Larry Cathey dba Waco Wood Recycling and Materials; DOCKET NUMBER: 2008-0727-MSW-E; TCEQ ID NUMBER: RN105211361; LOCATION: 268 Antler Road, Waco, McLennan County; TYPE OF FACILITY: recycling facility; RULES VIOLATED: 30 TAC §332.8(b)(1), by failing to maintain the minimum setback distance of 50 feet from all property lines to the edge of the area for storing processed material; 30 TAC §328.5(h), by failing to have a fire prevention and suppression plan; 30 TAC §37.921(a) and §328.5(d), by failing to establish and maintain financial assurance for the closure of a recycling facility that stores combustible material outdoors; 30 TAC §328.5(f)(1), by failing to provide documentation showing the recycling of or transfer to a different site for recycling at least 50% by weight or volume of material accumulated at the beginning of the period during each subsequent six-month period; and 30 TAC §328.5(b) and §330.11(e), by failing to submit a Notice of Intent to operate a Recycling Facility to the executive director at least 90 days prior to engaging in recycling activities and to submit a form or forms describing the types of materials being accepted for recycling, any storage of materials prior to recycling, how the materials will be recycled and updates or changes to information contained in the facility report within 90 days of the effective date of the change; PENALTY: $38,216; STAFF ATTORNEY: Tracy Chandler, Litigation Division, MC 175, (512) 239-0629; REGIONAL OFFICE: Waco Regional Office, 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.
(9) COMPANY: Larry Cathey dba Waco Wood Recycling and Materials; DOCKET NUMBER: 2008-1368-MLM-E; TCEQ ID NUMBER: RN105211361; LOCATION: 268 Antler Road, Waco, McLennan County; TYPE OF FACILITY: composting facility; RULES VIOLATED: TWC, §26.121(a) and 30 TAC §332.4(1), by failing to obtain a permit for wastewater generated from a livestock manure composting operation; and 30 TAC §330.15(a), by failing to prevent the unauthorized disposal of municipal solid waste; PENALTY: $4,400; STAFF ATTORNEY: Tracy Chandler, Litigation Division, MC 175, (512) 239-0629; REGIONAL OFFICE: Waco Regional Office, 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.
(10) COMPANY: Leo Bird dba Walnut Ridge Estates Water System; DOCKET NUMBER: 2008-1824-PWS-E; TCEQ ID NUMBER: RN101195857; LOCATION: Highway 147, three miles northeast of Zavalla, Angelina County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.113(f)(4) and THSC, §341.0315(c), by failing to comply with the maximum contaminant level of 0.080 milligram per liter (mg/L) for trihalomethanes, based on a running annual average; PENALTY: $354; STAFF ATTORNEY: Jennifer Cook, Litigation Division, MC 175, (512) 239-1873; REGIONAL OFFICE: Beaumont Regional Office, 3870 Eastex Freeway, Beaumont, Texas 77703-1830, (409) 898-3838.
(11) COMPANY: Ludivinia Granados dba Venicias Bar; DOCKET NUMBER: 2007-1778-PST-E; TCEQ ID NUMBER: RN103002887; LOCATION: 6918 West Expressway 83, Mission, Hidalgo County; TYPE OF FACILITY: nightclub; 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, two 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 amended registration regarding USTs within 30 days from the date of occurrence of the change or addition; PENALTY: $3,675; STAFF ATTORNEY: Rudy Calderon, Litigation Division, MC 175, (512) 239-0205; REGIONAL OFFICE: Harlingen Regional Office, 1804 West Jefferson Avenue, Harlingen, Texas 78550-5247, (956) 425-6010.
(12) COMPANY: Ned H. Ward; DOCKET NUMBER: 2007-0235-PST-E; TCEQ ID NUMBER: RN102435484 and RN102270162; LOCATION: right of the D&D Feed Store and right behind the Gulf Station near 11th Street and North Highway 83 (Facility 1), Aspermont, Stonewall County and Broadway and 3rd Street (Facility 2), Aspermont, Stonewall County; TYPE OF FACILITY: two inactive convenience stores with USTs; RULES VIOLATED: 30 TAC §334.47(a)(2), by failing to permanently remove from service, no later than 60 days after the prescribed upgrade implementation date, the facilities' ten USTs for which any applicable component of the system is not brought into timely compliance; PENALTY: $5,250; STAFF ATTORNEY: Tracy Chandler, Litigation Division, MC 175, (512) 239-0629; REGIONAL OFFICE: Abilene Regional Office, 1977 Industrial Boulevard, Abilene, Texas 79602-7833, (325) 698-9674.
(13) COMPANY: Sam Cicalo; DOCKET NUMBER: 2008-1450-AIR-E; TCEQ ID NUMBER: RN105566525; LOCATION: 488 County Road 3737, Wise County; TYPE OF FACILITY: dry abrasive cleaning sandblasting operation; RULES VIOLATED: 30 TAC §106.452(2)(D) and THSC, §382.085(b), by failing to obtain authorization prior to conducting a dry abrasive cleaning sandblasting operation; PENALTY: $1,000; STAFF ATTORNEY: Laurencia Fasoyiro, Litigation Division, MC R-12, (713) 422-8914; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(14) COMPANY: The City of McGregor; DOCKET NUMBER: 2007-1641-PWS-E; TCEQ ID NUMBER: RN101387199; LOCATION: 302 South Madison Street, McGregor, McLennan County; TYPE OF FACILITY: public water system; RULES VIOLATED: 30 TAC §290.46(f)(2) and TCEQ Order Docket Number 2006-0137-PWS-E Ordering Provision 2.a., by failing to keep on file and make available for commission review the water system's operating and maintenance records; 30 TAC §290.43(c)(4) and TCEQ Order Docket Number 2006-0137-PWS-E Ordering Provision 2.c.ii., by failing to provide a liquid level indicator for the below ground storage tank at plant number 1; 30 TAC §290.41(c)(3)(K), by failing to provide a casing vent for well number 3; 30 TAC §290.43(e), by failing to provide an intruder resistant fence around the elevated storage tank; 30 TAC §290.41(c)(3)(M), by failing to provide a suitable sampling cock on the discharge pipe of well pump number 4; 30 TAC §290.46(t), by failing to post a legible sign that contains the name of the water supply and emergency telephone numbers where a responsible official can be contacted; 30 TAC §290.43(c)(3), by failing to provide a proper overflow pipe and pipe flap cover; 30 TAC §290.46(m)(4), by failing to maintain the plant and distribution system in a watertight condition; 30 TAC §290.44(h)(1)(A), by failing to install backflow prevention assemblies or an air gap at all residences or establishments where an actual or potential contamination hazard exists; 30 TAC §290.42(l), by failing to provide a complete plant operations manual; and 30 TAC §290.46(j), by failing to provide an appropriate customer service inspection certificate form; PENALTY: $10,812; STAFF ATTORNEY: Benjamin Thompson, Litigation Division, MC 175, (512) 239-1297; REGIONAL OFFICE: Waco Regional Office, 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.
(15) COMPANY: Veolia Es Technical Solutions, L.L.C. fka Onyx Environmental Services, L.L.C.; DOCKET NUMBER: 2006-0455-IHW-E; TCEQ ID NUMBER: RN102599719; LOCATION: 7665 State Highway 73, Port Arthur, Jefferson County; TYPE OF FACILITY: commercial hazardous waste treatment, storage and disposal facility; RULES VIOLATED: 30 TAC §335.152(a)(1), 40 CFR §264.13(b), and Industrial Hazardous Waste (IHW) Permit Number 50212, Provision IV.A, by failing to develop an adequate Waste Analysis Plan; and 30 TAC §335.2(a) and (b), 40 CFR §264.344(a), and IHW Permit Number 50212, Provision IV.B.3.b., by failing to ship industrial mixed waste (incinerator ash and radioactive waste) to an authorized facility for disposal and by failing to prevent the acceptance of unauthorized waste that resulted in onsite waste management activities including storage and treatment; PENALTY: $15,554, Supplemental Environmental Project offset amount of $7,777 applied to Southeast Texas Regional Planning Commission - West Port Arthur Home Energy Efficiency Project; STAFF ATTORNEY: Jennifer Cook, Litigation Division, MC 175, (512) 239-1873; REGIONAL OFFICE: Beaumont Regional Office, 3870 Eastex Freeway, Beaumont, Texas 77703-1830, (409) 898-3838.
(16) COMPANY: Vicky Barnett dba Vicky's Playcare; DOCKET NUMBER: 2007-0803-PWS-E; TCEQ ID NUMBER: RN105027924; LOCATION: 205 County Road 4111, Cass County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.41(c)(3)(N), by failing to provide a flow measuring device to measure production yields and provide for the accumulation of water production data; 30 TAC §290.42(b)(1), by failing to provide disinfection facilities for microbiological control and distribution protection; 30 TAC §290.42(1), by failing to compile and maintain a facility operations manual for operator review and reference; 30 TAC §290.43(d)(2), by failing to provide the pressure tank with a pressure release device and an easily readable gauge; 30 TAC §290.46(f)(2), by failing to provide water system records to commission personnel at the time of the investigation; 30 TAC §290.46(m)(1), by failing to conduct an annual inspection of the water system's pressure tank; 30 TAC §290.121(a) and (b), by failing to maintain an up-to-date chemical and microbiological monitoring plan that identifies all sampling locations, describes the sampling frequency, and specifies the analytical procedures and laboratories that the public water system will use to comply with the monitoring requirements; 30 TAC §290.46(a) and THSC, §341.035(a), by failing to submit plans to the executive director for review and approval prior to the construction of a public water system; 30 TAC §290.46(e) and THSC, §341.033(a), by failing to ensure that the production, treatment, and distribution facilities at the public water supply system are under the direct supervision of a water works operator who holds an applicable and valid license; 30 TAC §290.45(d)(2)(A)(ii) and THSC, §341.0315(c), by failing to provide a minimum pressure tank capacity of 220 gallons; 30 TAC §290.46(r), by failing to operate the system to maintain a minimum pressure of 35 pounds per square inch throughout the distribution system under normal operating conditions; and 30 TAC §290.109(c)(2)(A)(i) and §290.122(c)(2)(B) and THSC, §341.033(d), by failing to perform routine monthly bacteriological sampling of the public water supply during the months of August, October, and December 2006, and January 2007 - August 2007, and by failing to provide public notification of the failure to conduct monthly bacteriological sampling during the months of August and October 2006 and January 2007 - August 2007; PENALTY: $9,067; STAFF ATTORNEY: Benjamin Thompson, Litigation Division, MC 175, (512) 239-1297; REGIONAL OFFICE: Tyler Regional Office, 2916 Teague Drive, Tyler, Texas 75701-3734, (903) 535-5100.
TRD-200901881
Kathleen C. Decker
Director, Litigation Division
Texas Commission on Environmental Quality
Filed: May 12, 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 June 22, 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.
Copies 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 June 22, 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: Allan Watts; DOCKET NUMBER: 2007-1509-WOC-E; TCEQ ID NUMBER: RN105325534; LOCATION: 1918 South State Highway 80, Luling, Guadalupe County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §30.381(b), TWC, §37.003, and Texas Health and Safety Code (THSC), §341.034(b), by failing to have a valid, effective public water system operator license issued by the commission prior to performing process control duties for the production and distribution of drinking water; and 30 TAC §21.4 and TWC, §5.702, by failing to pay all outstanding Water Quality Violation fees, including any interest and penalties, for TCEQ Financial Administration Account Number 23600236; PENALTY: $1,550; STAFF ATTORNEY: Rudy Calderon, Litigation Division, MC 175, (512) 239-0205; REGIONAL OFFICE: San Antonio Regional Office, 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.
(2) COMPANY: Andrea Bennett, Trustee of the Randy Bennett GST Trust; DOCKET NUMBER: 2007-1777-PST-E; TCEQ ID NUMBER: RN101564649; LOCATION: Interstate Highway (IH) 20 and State Highway 108 North, Thurber, Erath County; TYPE OF FACILITY: former smoke stack 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, three underground storage tanks (USTs) for which any applicable component of the system is not brought into timely compliance with the upgrade requirements; PENALTY: $7,875; STAFF ATTORNEY: Barham A. Richard, Litigation Division, MC 175, (512) 239-0107; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(3) COMPANY: Earlene McDaniel; DOCKET NUMBER: 2007-1902-PST-E; TCEQ ID NUMBER: RN101912145; LOCATION: 1026 Shelbyville Street, Center, Shelby County; TYPE OF FACILITY: out of service USTs; RULES VIOLATED: 30 TAC §334.47(a)(2), by failing to permanently remove from service, no later than 60 days after the prescribed upgrade implementation date, two USTs for which any applicable component of the system is not brought into timely compliance with the upgrade requirements; PENALTY: $5,250; STAFF ATTORNEY: Benjamin Thompson, Litigation Division, MC 175, (512) 239-1297; REGIONAL OFFICE: Beaumont Regional Office, 3870 Eastex Freeway, Beaumont, Texas 77703-1830, (409) 898-3838.
(4) COMPANY: Edward Wiesen; DOCKET NUMBER: 2008-1845-PST-E; TCEQ ID NUMBER: RN104315155; LOCATION: 201 North Avenue C, Olney, Young County; TYPE OF FACILITY: inactive USTs; RULES VIOLATED: 30 TAC §334.47(a)(2), by failing to permanently remove from service, no later than 60 days after the prescribed upgrade implementation date, one UST for which any applicable component of the system is not brought into timely compliance with the upgrade requirements; PENALTY: $3,675; STAFF ATTORNEY: Jacquelyn Boutwell, Litigation Division, MC 175, (512) 239-5846; REGIONAL OFFICE: Abilene Regional Office, 1977 Industrial Boulevard, Abilene, Texas 79602-7833, (325) 698-9674.
(5) COMPANY: Gregory W. Boyd; DOCKET NUMBER: 2008-0135-LII-E; TCEQ ID NUMBER: RN104946199; LOCATION: 6717 Harry Road, San Antonio, Bexar County; TYPE OF FACILITY: landscape irrigation business; RULES VIOLATED: 30 TAC §344.94(b), by failing to include the required statement: "Irrigation in Texas is regulated by the Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087", on all written contracts and bills to install irrigation systems; and 30 TAC §344.95(a), by failing to design an irrigation system, or portion thereof, so as to require the use of any component part in a way which does not exceed the manufacturer's performance limitations for the part, unless the use is necessary to accommodate special site conditions; PENALTY: $207; STAFF ATTORNEY: Barham A. Richard, Litigation Division, MC 175, (512) 239-0107; REGIONAL OFFICE: San Angelo Regional Office, 622 South Oakes, Suite K, San Angelo, Texas 76903-7013, (915) 655-9479.
(6) COMPANY: James W. Hackney; DOCKET NUMBER: 2007-1273-LII-E; TCEQ ID NUMBER: RN105239826; LOCATION: 19719 Mesquite Branch Court, Spring, Harris County; TYPE OF FACILITY: landscape irrigation business; RULES VIOLATED: 30 TAC §30.5(a) and (b) and §344.4(a), TWC §37.003, and Texas Occupations Code, §1903.251, by failing to hold an irrigator license prior to selling, designing, consulting, installing, maintaining, altering, repairing, advertising, or servicing an irrigation system and representing to the public that he could perform a service for which a license is required; PENALTY: $736; STAFF ATTORNEY: Rudy Calderon, Litigation Division, MC 175, (512) 239-0205; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Street, Suite H, Houston, Texas 77023, (713) 767-3500.
(7) COMPANY: Leroy Leonard Limas dba Lee Limas Mobile Home Park; DOCKET NUMBER: 2008-1118-PWS-E; TCEQ ID NUMBER: RN101223741; LOCATION: Farm-to-Market Road 259 and Schuman Road, Canutillo, El Paso County; TYPE OF FACILITY: mobile home park with a public water supply system; RULES VIOLATED: 30 TAC §290.271(b), §290.274(a) and (c), by failing to mail or directly deliver one copy of the Consumer Confidence Report (CCR) to each bill paying customer by July 1st of each year and by failing to submit a copy of the annual CCR and certification that the CCR has been distributed to the customers of the water system and that the information in the CCR is correct and consistent with compliance monitoring data to the TCEQ by July 1st of each year; and 30 TAC §290.51(a)(6), by failing to pay all annual and late Public Health Service fees for TCEQ Financial Administration Account Number 90710158 for Fiscal Years 1998 - 2008 to the TCEQ in a timely manner; PENALTY: $598; STAFF ATTORNEY: Rudy Calderon, Litigation Division, MC 175, (512) 239-0205; REGIONAL OFFICE: El Paso Regional Office, 401 East Franklin Avenue, Suite 560, El Paso, Texas 79901-1212, (915) 834-4949.
(8) COMPANY: PSW Real Estate, L.L.C.; DOCKET NUMBER: 2008-1884-EAQ-E; TCEQ ID NUMBER: RN105619837; LOCATION: 150 feet southwest of the intersection of Rabb Road and Melridge Place, Travis County; TYPE OF FACILITY: single family residential development; RULES VIOLATED: 30 TAC §213.4(a)(1), by failing to obtain approval of a Water Pollution Abatement Plan prior to beginning a regulated activity over the Edwards Aquifer Recharge Zone; PENALTY: $5,000; STAFF ATTORNEY: Barham A. Richard, Litigation Division, MC 175, (512) 239-0107; REGIONAL OFFICE: Austin Regional Office, 2800 South IH 35, Suite 100, Austin, Texas 78704-5712, (512) 339-2929.
(9) COMPANY: Russell Giles dba Waco Wrecking; DOCKET NUMBER: 2008-1370-MLM-E; TCEQ ID NUMBER: RN104947387; LOCATION: 14597 North Interstate 35, Elm Mott, McLennan County; TYPE OF FACILITY: automotive wrecking and storage yard; RULES VIOLATED: 30 TAC §111.201 and §330.15(c) and THSC, §382.085(b), by failing to prevent the unauthorized burning of municipal solid waste; PENALTY: $1,757; STAFF ATTORNEY: Benjamin Thompson, Litigation Division, MC 175, (512) 239-1297; REGIONAL OFFICE: Waco Regional Office, 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.
(10) COMPANY: SINDLO, INC. dba Rubys Food Store; DOCKET NUMBER: 2008-1825-PST-E; TCEQ ID NUMBER: RN101872265; LOCATION: 7500 Almeda Road, Houston, Harris County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §115.245(2) and THSC, §382.085(b), by failing to verify proper operation of the Stage II equipment at least once every 12 months; PENALTY: $2,884; STAFF ATTORNEY: Stephanie J. Frazee, Litigation Division, MC 175, (512) 239-3693; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Street, Suite H, Houston, Texas 77023, (713) 767-3500.
TRD-200901880
Kathleen C. Decker
Director, Litigation Division
Texas Commission on Environmental Quality
Filed: May 12, 2009
The Texas Commission on Environmental Quality (commission) will conduct a public hearing to receive testimony concerning proposed revisions to 30 TAC Chapter 305, Consolidated Permits and Chapter 335, Industrial Solid Waste and Municipal Hazardous Waste.
The proposed rulemaking would update Chapter 305 and Chapter 335 to include federal rule changes in Federal Rule Clusters XIV, XV, XVI, XVII and XVIII; make corrections to the K-181 hazardous waste listing and to the United States Environmental Protection Agency (EPA) manifest form amendments previously adopted; remove the requirement to use EPA SW-846 methods when conducting Resource Conservation and Recovery Act (RCRA) monitoring programs; add mercury-containing equipment to the list of Universal Wastes; allow for a standardized permit for treatment, storage and disposal facilities that treat or store hazardous waste in tanks, containers and containment buildings; exempt wastewater mixtures with benzene and 2-ethoxyethanol from the definition of hazardous waste; amend hazardous air pollutant standards for combustors; amend reporting requirements for the RCRA program that will reduce the paperwork burden that these requirements impose; correct administrative errors in the hazardous waste program; exclude cathode ray tubes from the definition of solid waste; amend an existing exclusion to the definition of solid waste that applies to oil-bearing hazardous secondary materials; amend the October 2005 NESHAP final rule to clarify several compliance and monitoring provisions; amend the F019 listing to exempt wastewater treatment sludges from the zinc phosphating process when used in the motor vehicle manufacturing industry; and update Chapter 330 references cited in Chapter 335, Subchapter T.
The commission will hold a public hearing on this proposal in Austin June 16, 2009 at 10:00 a.m. at the Texas Commission on Environmental Quality Complex located at 12100 Park 35 Circle in Building B, Room 201A. The hearing will be structured for the receipt of oral or written comments by interested persons. Registration will begin 30 minutes prior to the hearing. Individuals may present oral statements when called upon in order of registration. There will be no open discussion during the hearing; however, commission staff members will be available to informally discuss the proposal 30 minutes before the hearing.
Persons who have special communication or other accommodation needs who are planning to attend the hearing should contact Devon Ryan, Office of Legal Services, at (512) 239-6090.
Comments may be submitted to Devon Ryan, MC 205, Office of Legal Services, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087, or faxed to (512) 239-4808. Electronic comments may be submitted at http://www5.tceq.state.tx.us/rules/ecomments. File size restrictions may apply to comments submitted through the eComments system. All comments should reference Rule Project Number 2008-024-335-PR. The comment period closes June 22, 2009. Copies of the proposed rules can be obtained from the commission's web site at http://www.tceq.state.tx.us/nav/rules/propose_adopt.html. For further information, please contact Cynthia Palomares, Waste Permits Division, (512) 239-6079.
TRD-200901753
Robert Martinez
Director, Environmental Law Division
Texas Commission on Environmental Quality
Filed: May 8, 2009
The following notices were issued during the period of April 14, 2009 through May 8, 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
CITY OF SINTON has applied for a renewal of TPDES Permit No. WQ0010055001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 800,000 gallons per day. The facility is located approximately 3/4 mile north of Sinton, Texas from the intersection of U.S. Highway 181 and State Highway 181 just east of U.S. Business Highway 77 North and along the southern edge of Chiltipin Creek, extending until the right of way of the Missouri Pacific Railroad in San Patricio County, Texas.
HARRIS COUNTY WATER CONTROL AND IMPROVEMENT DISTRICT NO. 50 has applied for a renewal of TPDES Permit No. WQ0010243001 which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 540,000 gallons per day. The facility is located at 1122 Cedar Lane, northeast of the intersection of Cedar Lane and Hickory Ridge Drive, one mile northwest of the intersection of State Highway 146 (Bayport Boulevard) and State Highway-NASA 1 (NASA Boulevard) in Harris County, Texas.
THE CITY OF GRANBURY has applied for a renewal of TPDES Permit No. WQ0010178002, which authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 2,000,000 gallons per day. The facility is located on the east bank of Lake Granbury, approximately 0.9 miles south of the intersection of U.S. Highway 377 and Old Cleburne Road in Hood County, Texas.
THE CITY OF LAREDO has applied for a new permit, proposed Texas Pollutant Discharge Elimination System (TPDES) Permit No. WQ0010681007, to authorize the discharge of treated domestic wastewater at a daily average flow not to exceed 72,000 gallons per day. The facility will be located approximately 9,865 feet west of the intersection of Farm-to-Market Road 3338 (Las Tiendas) and Rancho Penitas Road in Webb 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.
BNSF RAILWAY COMPANY which operates BNSF Railway Company - Temple Railyard, a fueling and repair station for locomotives and railroad rolling stock, has applied for a renewal of TPDES Permit No. WQ0002545000, which authorizes the discharge of storm water runoff, groundwater from a trench recovery system, and pad wash water on an intermittent and flow variable basis via Outfalls 001 and 002. The facility is located approximately 800 feet north of the Hawkins Road Crossing and 3400 feet north of Farm-to-Market Road 3117 Crossing, south of the City of Temple, Bell County, Texas.
CHEMICAL LIME LTD which operates Clifton Lime Plant, a lime manufacturing facility consisting of three lime kilns, a hydration plant, and related support operations, has applied for a renewal of TCEQ Permit No. WQ0003041000, which authorizes the disposal of process wastewater and contaminated storm water on a flow variable basis via evaporation. This permit will not authorize a discharge of pollutants into water in the State. The facility and evaporation ponds are located on Farm-to-Market Road 2602, two miles west of the intersection of Farm-to-Market Road 2602 and State Highway 6, approximately four miles south of the City of Clifton, Bosque County, Texas.
TANGLEWOOD WINE GROUP which proposes to operate a vineyard and winery, has applied for a renewal of TCEQ Permit No. WQ0004768000, which authorizes disposal of wastewaters generated from washing, crushing, and fermenting grapes for the production of wine at a daily average flow not exceed 1,600 gallons per day via irrigation of 18 acres of grapes with cover crop, at a hydraulic application rate not to exceed 2.4 acre-feet/acre/year. This permit will not authorize a discharge of pollutants into water in the State. The facility and land application site are located approximately 10,500 feet east of the intersection of State Highway 36 and Sempronius Road, near the City of Brenham, Austin County, Texas.
CITY OF CAMERON has applied for a renewal of TPDES Permit No. WQ0010004001 which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 960,000 gallons per day. The facility is located approximately 1,300 feet south-southeast of the intersection of U.S. Highways 190 and 77, State Highway 36 and Adams Street; and approximately one-half mile east of the intersection of Oak Street and Gillis Street in Milam County, Texas.
CITY OF JASPER has applied for a major amendment to TPDES Permit No. WQ0010197001 to authorize the processing of "Class A" sludge and marketing and distribution of "Class A" sludge. The current permit authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 3,250,000 gallons per day. The facility is located approximately 0.8 mile east of the intersection of Farm-to-Market Roads 2799 and 777, and approximately 1.0 mile northeast of the intersection of U.S. Highway 190 and State Highway 63 in Jasper County, Texas.
CITY OF SEALY has applied for a renewal of TPDES Permit No. WQ0010276001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 975,000 gallons per day. The facility is located approximately 0.5 mile southeast of the intersection of Interstate Highway 10 and State Highway 36 and adjacent to and on the east side of the Santa Fe Railroad tracks in Austin County, Texas.
CITY OF WOLFFORTH has applied to the Texas Commission on Environmental Quality (TCEQ) for a renewal of Permit No. WQ0010321002, which authorizes the disposal of treated domestic wastewater at a daily average flow not to exceed 410,000 gallons per day via surface irrigation of 600 acres of non-public access land including 60 acres of Pecan trees and 540 acres of perennial pasture that surround the plant site. This permit will not authorize the discharge of pollutants into waters in the State. The wastewater treatment facility and disposal site are located approximately 2,600 feet southwest of the intersection of Farm-to-Market Roads 179 and 1585, approximately three miles east of the intersection of U.S. Highway 82 and Farm-to-Market Road 1585 in Lubbock County, Texas.
CITY OF BRYAN has applied for a renewal of TPDES Permit No. WQ0010426001, which authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 8,000,000 gallons per day. The facility is located approximately 3,800 feet northeast of the intersection of East 29th Street and Farm-to-Market Road 60 (University Drive) and approximately 3,400 feet southwest of the intersection of State Highway 6 and Farm-to-Market Road 60 in Brazos County, Texas.
CITY OF MINERAL WELLS has applied to the Texas Commission on Environmental Quality (TCEQ) for a renewal of TPDES Permit No. WQ0010585001, which authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 2,350,000 gallons per day. The facility is located southwest of the City of Mineral Wells at the crossing of Pollard Creek by 22nd Street in Palo Pinto County, Texas.
CITY OF WESLACO has applied for a major amendment to TPDES Permit No. WQ0010619003 to authorize an increase in the discharge of treated domestic wastewater from an annual average flow not to exceed 3,000,000 gallons per day to an annual average flow not to exceed 5,500,000 gallons per day. The facility is located northeast of the City of Weslaco approximately 4,000 feet east of State Highway 88 and approximately 4,000 feet north of Pike Boulevard in Hidalgo County, Texas.
CITY OF SUGAR LAND has applied for a renewal of TPDES Permit No. WQ0011317001, which authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 6,000,000 gallons per day. The facility is located approximately 2 miles south of Sugar Land at the intersection of Highway 6 and U.S. Highway 59 in Fort Bend County, Texas.
NEEDVILLE INDEPENDENT SCHOOL DISTRICT has applied for a major amendment to TPDES Permit No. WQ0012010001 to authorize an increase in the discharge of treated domestic wastewater from a daily average flow not to exceed 36,000 gallons per day to a daily average flow not to exceed 82,000 gallons per day and construct a new treatment facility. The current permit authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 36,000 gallons per day. The Interim phase facility is located between the intersections of Roesler Road and Danhouse Road with State Highway 36, approximately 2.25 miles southeast of the City of Needville on State Highway 36. The Final phase facility will be located approximately 1,900 feet northeast of the existing facility; approximately 3,100 feet northeast of the intersection of Fritzella Street and State Highway 36 on the east side of Fritzella Street in Fort Bend County, Texas.
U S ARMY CORPS OF ENGINEERS has applied for a renewal of Permit No. WQ0012088001, which authorizes the disposal of treated domestic wastewater at a daily average flow not to exceed 2,000 gallons per day via evaporation and when needed by irrigation on 0.5 acres of non-public access range land. This permit will not authorize a discharge of pollutants into waters in the State. The wastewater treatment facility and disposal site are located on the south side of Somerville Lake in Rocky Creek Park at a point approximately 400 feet southwest of the intersection of Road A and Road B within Rocky Creek Park in Washington County, Texas.
BEMARD TIMBERS WATER SUPPLY CORPORATION has applied for a renewal of TPDES Permit No. WQ0012097001 which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 21,000 gallons per day. The facility is located at north of U.S. Highway 90A, approximately 1.4 miles northeast of the intersection of U.S. Highway 90A and State Highway 60 in Wharton County, Texas.
CITY OF BURTON has applied for a renewal of TPDES Permit No. WQ0012193001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 44,000 gallons per day. The facility is located approximately 500 feet north of the U.S. Highway 290 Bridge across Indian Creek in Washington County, Texas.
AQUA DEVELOPMENT INC has applied for a renewal of TPDES Permit No. WQ0014194001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 225,000 gallons per day. The facility is located in Water House Court approximately three miles southwest of the intersection of Farm-to-Market Road 359 and Farm-to-Market Road 1093 in Fort Bend County, Texas.
ZAVALA COUNTY WATER CONTROL AND IMPROVEMENT DISTRICT NO 1 has applied for a new permit, Proposed Permit No. WQ0014367002, to authorize the disposal of treated domestic wastewater at a daily average flow not to exceed 330,000 gallons per day via surface irrigation of 100 acres of public access grassland. This permit will not authorize a discharge of pollutants into waters in the State. The wastewater treatment facility and disposal site will be located approximately 6,000 feet northwest of the intersection of Highway 83 and Highway 57 in Zavala County, Texas.
CITY OF RISING STAR has applied to the Texas Commission on Environmental Quality (TCEQ) for a renewal of TPDES Permit No. WQ0014515001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 140,000 gallons per day. The facility is located approximately 500 feet north of State Highway 36, one mile east of the intersection of State Highway 36 and U.S. Highway 183 - East Pioneer Street in Eastland County, Texas.
STONE HEDGE UTILITY CO INC has applied for a renewal of TPDES Permit No. WQ0014709001 which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 15,000 gallons per day. The facility is located approximately 6,100 feet northeast of the intersection of State Highway 105 and State Highway 336 in Montgomery County, Texas.
FORT BEND COUNTY MUNICIPAL UTILITY DISTRICT 134 has applied for a new permit, proposed Texas Pollutant Discharge Elimination System (TPDES) Permit No. WQ0014917001, to authorize the discharge of treated domestic wastewater at a daily average flow not to exceed 950,000 gallons per day in the final phase. The facility will be located approximately 1.75 miles northwest of the intersection of Highway 99 and Highway 90A in Fort Bend 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 desea información en Español, puede llamar al 1-800-687-4040.
TRD-200901904
LaDonna Castañuela
Chief Clerk
Texas Commission on Environmental Quality
Filed: May 13, 2009
Notices issued May 8, 2009.
APPLICATION NO. 5528A; Kevin and Martha Petermann, 207 FM 473, Comfort, Texas, 78013, Applicants, have applied to amend their portion of Water Use Permit No. 5528 to add a downstream diversion point on the Guadalupe River, Guadalupe River Basin and to add a place of use in Kendall County. More information on the application and how to participate in the permitting process is given below. The application and fees were received on July 3, 2007. Additional information was received on September 7, September 19, and November 10, 2007. The application was declared administratively complete and filed with the Office of the Chief Clerk on November 16, 2007. Written public comments and requests for a public meeting should be received in the Office of Chief Clerk, at the address provided in the information section below, by May 28, 2009.
INFORMATION SECTION
To view the complete issued notice, view the notice on our web site at www.tceq.state.tx.us/comm_exec/cc/pub_notice.html or call the Office of the Chief Clerk at (512) 239-3300 to obtain a copy of the complete notice. When searching the web site, type in the issued date range shown at the top of this document to obtain search results.
A public meeting is intended for the taking of public comment, and is not a contested case hearing.
The Executive Director can consider approval of an application unless a written request for a contested case hearing is filed. To request a contested case hearing, you must submit the following: (1) your name (or for a group or association, an official representative), mailing address, daytime phone number, and fax number, if any: (2) applicant's name and permit number; (3) the statement "I/we request a contested case hearing;" and (4) a brief and specific description of how you would be affected by the application in a way not common to the general public. You may also submit any proposed conditions to the requested application which would satisfy your concerns. Requests for a contested case hearing must be submitted in writing to the TCEQ Office of the Chief Clerk at the address provided in the information section below.
If a hearing request is filed, the Executive Director will not issue the requested permit and may forward the application and hearing request to the TCEQ Commissioners for their consideration at a scheduled Commission meeting.
Written hearing requests, public comments or requests for a public meeting should be submitted to the Office of the Chief Clerk, MC 105, TCEQ, P.O. Box 13087, Austin, TX 78711-3087. For information concerning the hearing process, please contact the Public Interest Counsel, MC 103, at the same address. For additional information, individual members of the general public may contact the Office of Public Assistance at 1-800-687-4040. General information regarding the TCEQ can be found at our web site at www.tceq.state.tx.us. Si desea información en Español, puede llamar al 1-800-687-4040.
TRD-200901905
LaDonna Castañuela
Chief Clerk
Texas Commission on Environmental Quality
Filed: May 13, 2009
The State Office of Administrative Hearings issued a Proposal for Decision and Order to the Texas Commission on Environmental Quality on May 8, 2009, in the matter of the Executive Director of the Texas Commission on Environmental Quality, Petitioner v. Dolores A. Luke dba Little Big Horn Services; SOAH Docket No. 582-09-2143; TCEQ Docket No. 2008-1303-PWS-E. The commission will consider the Administrative Law Judge's Proposal for Decision and Order regarding the enforcement action against Dolores A. Luke dba Little Big Horn Services on a date and time to be determined by the Office of the Chief Clerk in Room 201S of Building E, 12100 N. Interstate 35, Austin, Texas. This posting is Notice of Opportunity to Comment on the Proposal for Decision and Order. The comment period will end 30 days from date of this publication. Written public comments should be submitted to the Office of the Chief Clerk, MC-105, TCEQ, P.O. Box 13087, Austin, Texas 78711-3087. If you have any questions or need assistance, please contact Melissa Chao, Office of the Chief Clerk, (512) 239-3300.
TRD-200901906
LaDonna Castañuela
Chief Clerk
Texas Commission on Environmental Quality
Filed: May 13, 2009
The State Office of Administrative Hearings issued a Proposal for Decision and Order to the Texas Commission on Environmental Quality on May 11, 2009, in the matter of the Executive Director of the Texas Commission on Environmental Quality, Petitioner v. EBAA Iron, Inc.; SOAH Docket No. 582-08-3322; TCEQ Docket No. 2004-0505-WQ-E. The commission will consider the Administrative Law Judge's Proposal for Decision and Order regarding the enforcement action against EBAA Iron, Inc. on a date and time to be determined by the Office of the Chief Clerk in Room 201S of Building E, 12100 N. Interstate 35, Austin, Texas. This posting is Notice of Opportunity to Comment on the Proposal for Decision and Order. The comment period will end 30 days from date of this publication. Written public comments should be submitted to the Office of the Chief Clerk, MC-105, TCEQ, P.O. Box 13087, Austin, Texas 78711-3087. If you have any questions or need assistance, please contact Melissa Chao, Office of the Chief Clerk, (512) 239-3300.
TRD-200901907
LaDonna Castañuela
Chief Clerk
Texas Commission on Environmental Quality
Filed: May 13, 2009
The Texas Commission on Environmental Quality (TCEQ) is requesting nominations for eight individuals to serve on the Municipal Solid Waste Management and Resource Recovery Advisory Council (Advisory Council) for the following positions:
1. A representative from a private environmental conservation organization (term expires August 31, 2015).
2. A representative from a planning region (term expires August 31, 2015).
3. A registered waste tire processor (term expires August 31, 2015).
4. A professional engineer from a private engineering firm with experience in the design and management of solid waste facilities (term expires August 31, 2015).
5. A solid waste professional with experience managing or operating a commercial solid waste landfill (term expires August 31, 2015).
6. An elected official from a municipality with a population of 25,000 or more but less than 100,000 (term expires August 31, 2015).
7. An elected official from a county with a population of less than 150,000 (term expires August 31, 2015).
8. An elected official from a county with any population size (term expires August 31, 2011).
The Advisory Council was created by the 69th Legislature in 1983. Members represent various interests, which include city and county solid waste agencies, public solid waste districts or authorities, commercial solid waste landfills, planning regions, environmental perspectives, city and county governments, financial advisors, registered waste tire processors, professional engineers, solid waste professionals, composting/recycling companies and general public representatives.
Upon request from the TCEQ Commissioners, the Advisory Council reviews and evaluates the effect of state policies and programs on municipal solid waste management; makes recommendations on matters relating to municipal solid waste management; recommends legislation to encourage the efficient management of municipal solid waste; recommends policies for the use, allocation, or distribution of the planning fund; and recommends special studies and projects to further the effectiveness of municipal solid waste management and recovery for the state of Texas.
The Advisory Council members are required by law to hold at least one meeting every three months. The meetings usually last one day and are held in Austin, Texas. Some travel reimbursement may be available.
To apply or to nominate an individual for one of eight Advisory Council positions, please complete and submit an Advisory Council application and related materials. The application and additional information is available at: http://www.tceq.state.tx.us/goto/msw/council/.
Evaluations will be made based upon the application, materials submitted and solid waste experience. Materials may include a résumé, biography, summary of experience, list of publications, recognitions/awards, letters of reference, etc., that help demonstrate knowledge, experience and interest on municipal solid waste matters. Appointments will be made by the TCEQ's Commissioners in Austin, Texas, in the Fall of 2009.
The Advisory Council application and materials must be postmarked by 5:00 p.m., Friday, June 26, 2009, and delivered to Mr. Steve Hutchinson of the Waste Permits Division. If sending by regular mail, please send to: Texas Commission on Environmental Quality, Waste Permits Division, Mr. Steve Hutchinson, P.O. Box 13087, MC-126, Austin, Texas 78711-3087. If sending by overnight mail, please send to Texas Commission on Environmental Quality, Waste Permits Division, Mr. Steve Hutchinson, 12100 Park 35 Circle, Building A, MC-126, Austin, Texas 78753. Questions regarding the Advisory Council can be directed to Mr. Hutchinson at (512) 239-6716, or e-mail address shutchin@tceq.state.tx.us.
TRD-200901882
Robert Martinez
Director, Environmental Law Division
Texas Commission on Environmental Quality
Filed: May 12, 2009
Request for Proposals #303-9-11760
The Texas Facilities Commission (TFC), on behalf of the Department of Family and Protective Services and the Texas Health and Human Services Commission, announces the issuance of Request for Proposals (RFP) #303-9-11760. TFC seeks a ten year lease of approximately 4,119 square feet of office space in Dimmitt, Castro County, Texas.
The deadline for questions is May 29, 2009 and the deadline for proposals is June 8, 2009 at 3:00 p.m. The anticipated award date is June 26, 2009. TFC reserves the right to accept or reject any or all proposals submitted. TFC is under no legal or other obligation to execute a lease on the basis of this notice or the distribution of a RFP. Neither this notice nor the RFP commits TFC to pay for any costs incurred prior to the award of a grant.
Parties interested in submitting a proposal may obtain information by contacting TFC Purchaser Sandy Williams at (512) 475-0453. A copy of the RFP may be downloaded from the Electronic State Business Daily at http://esbd.cpa.state.tx.us/bid_show.cfm?bidid=82358.
TRD-200901873
Kay Molina
General Counsel
Texas Facilities Commission
Filed: May 11, 2009
The Texas Facilities Commission (TFC), on behalf of the Texas Department of Criminal Justice announces the issuance of Request for Proposals (RFP) #303-9-11765. TFC seeks a five or ten year lease of approximately 2,411 square feet of office space in Palestine, Anderson County, Texas.
The deadline for questions is May 29, 2009 and the deadline for proposals is June 12, 2009 at 3:00 p.m. The award date is July 15, 2009. TFC reserves the right to accept or reject any or all proposals submitted. TFC is under no legal or other obligation to execute a lease on the basis of this notice or the distribution of a RFP. Neither this notice nor the RFP commits TFC to pay for any costs incurred prior to the award of a grant.
Parties interested in submitting a proposal may obtain information by contacting TFC Purchaser Sandy Williams at (512) 475-0453. A copy of the RFP may be downloaded from the Electronic State Business Daily at http://esbd.cpa.state.tx.us/bid_show.cfm?bidid=82414.
TRD-200901884
Kay Molina
General Counsel
Texas Facilities Commission
Filed: May 12, 2009
The Texas Health and Human Services Commission (HHSC) intends to submit to the Centers for Medicare and Medicaid Services an amendment to the program for people with Deaf Blindness and Multiple Disabilities (DBMD), which is a Medicaid Home and Community-Based Services waiver program under the authority of 1915(c) of the Social Security Act. The DBMD program is currently approved for the five-year period beginning March 1, 2008, and ending February 29, 2013. The proposed effective date for the amendment is March 1, 2009.
The DBMD program serves individuals 18 years and older who are legally blind, have a chronic, severe hearing impairment, and have a third disability that limits independent functioning. The program serves individuals in the community who would otherwise require care in an Intermediate Care Facility for the Mentally Retarded and Related Conditions (ICF/MR).
This amendment will change the frequency in which provider contracts are monitored. This will impact the quality assurance measures throughout the waiver. The required documentation of an individual’s Freedom of Choice between the waiver and institutional care will change from an annual requirement to initial enrollment only. Support Consultation will be added as a new service, which will allow individuals participating in the Consumer Directed Services the option to access a Support Advisor to assist in directing their services. Form number references will be replaced with form names throughout the waiver application. This amendment will update the contact information for the Department of Aging and Disability policy specialist.
HHSC is requesting that the waiver amendment be approved for the period beginning March 1, 2009, through February 28, 2013. This amendment maintains cost neutrality for waiver years 2009 through 2013.
To obtain copies of the proposed waiver amendment, interested parties may contact Christine Longoria by mail at Texas Health and Human Services Commission, P.O. Box 85200, mail code H-620, Austin, Texas 78708-5200, phone (512) 491-1152, fax (512) 491-1953, or by e-mail at Christine.Longoria@hhsc.state.tx.us.
TRD-200901733
Steve Aragón
Chief Counsel
Texas Health and Human Services Commission
Filed: May 7, 2009
Company Licensing and Registration
Application for incorporation in the State of Texas by TEXAS PLATINUM PROPERTY & CASUALTY INSURANCE COMPANY, a domestic fire and casualty company. The home office is in Austin, Texas.
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-200901901
Brenda Caldwell
Assistant General Counsel
Texas Department of Insurance
Filed: May 13, 2009
Notice is hereby given that a public hearing will be held under Docket No. 2705 beginning at 9:30 a.m. on June 17, 2009. The purpose of the hearing is to receive comments regarding proposed amendments to Chapter 21, Subchapter AA, Consumer Choice Health Benefit Plans, 28 TAC §§21.3502, 21.3510 - 21.3513, 21.3515 - 21.3518, 21.3540, and 21.3543; new Subchapter JJ, Autism Spectrum Disorder Coverage, 28 TAC §§21.4401 - 21.4404; and amendments to Chapter 26, Subchapter D, Health Group Cooperatives, 28 TAC §26.409. The proposed amendments and new sections were published in the April 3, 2009, issue of the Texas Register (34 TexReg 2218).
The initial comment period for these rules, scheduled to end on May 4, 2009 is hereby extended to June 17, 2009.
The hearing will be held in Room 100 of the William P. Hobby, Jr. State Office Building, 333 Guadalupe Street in Austin, Texas 78701.
For information regarding the proposed amendments and new sections you may contact Debra Diaz-Lara, Deputy Commissioner, HWCN Division, Mail Code 103-6A, Texas Department of Insurance, P.O. Box 149104, Austin, Texas 78714-9104.
TRD-200901801
Brenda Caldwell
Assistant General Counsel
Texas Department of Insurance
Filed: May 11, 2009
The following third party administrator (TPA) application has been filed with the Texas Department of Insurance and is under consideration.
Application of FIRST SERVICE ADMINISTRATORS, INC., a foreign third party administrator. The home office is WINTER HAVEN, FLORIDA.
Any objections must be filed within 20 days after this notice is published in the Texas Register, addressed to the attention of David Moskowitz, MC 305-2E, 333 Guadalupe, Austin, Texas 78701.
TRD-200901902
Brenda Caldwell
Assistant General Counsel
Texas Department of Insurance
Filed: May 13, 2009
Instant Game Number 1194 "Cadillac® Escalade™ Cash"
1.0 Name and Style of Game.
A. The name of Instant Game No. 1194 is "CADILLAC® ESCALADE™ CASH". The play style is "beat score with doubler".
1.1 Price of Instant Ticket.
A. Tickets for Instant Game No. 1194 shall be $5.00 per ticket.
1.2 Definitions in Instant Game No. 1194.
A. Display Printing - That area of the instant game ticket outside of the area where the Overprint and Play Symbols appear.
B. Latex Overprint - The removable scratch-off covering over the Play Symbols on the front of the ticket.
C. Play Symbol - The printed data under the latex on the front of the instant ticket that is used to determine eligibility for a prize. Each Play Symbol is printed in Symbol font in black ink in positive except for dual-image games. The possible black play symbols are: 2, 3, 4, 5, 6, 7, 8, 9, 10, 14, 15, 16, 17, 18, 19, 20, J SYMBOL, Q SYMBOL, K SYMBOL, A SYMBOL, $5.00, $10.00, $15.00, $25.00, $50.00, $100, $500, $50,000 and CADILLAC® ESCALADE™HYBRID SYMBOL.
D. Play Symbol Caption - The printed material appearing below each Play Symbol which explains the Play Symbol. One caption appears under each Play Symbol and is printed in caption font in black ink in positive. The Play Symbol Caption which corresponds with and verifies each Play Symbol is as follows:
Figure 1: GAME NO. 1194 - 1.2D
E. Serial Number - A unique 14 (fourteen) digit number appearing under the latex scratch-off covering on the front of the ticket. There will be a four (4)-digit "security number" which will be individually boxed and randomly placed within the number. The remaining ten (10) digits of the Serial Number are the Validation Number. The Serial Number is positioned beneath the bottom row of play data in the scratched-off play area. The Serial Number is for validation purposes and cannot be used to play the game. The format will be: 00000000000000.
F. Low-Tier Prize - A prize of $5.00, $10.00 and $15.00.
G. Mid-Tier Prize - A prize of $25.00, $50.00, $100 or $500.
H. High-Tier Prize - A prize of $5,000, $50,000 or CADILLAC® ESCALADE™ HYBRID.
I. Bar Code - A 24 (twenty-four) character interleaved two (2) of five (5) bar code which will include a four (4) digit game ID, the seven (7) digit pack number, the three (3) digit ticket number and the ten (10) digit Validation Number. The bar code appears on the back of the ticket.
J. Pack-Ticket Number - A 14 (fourteen) digit number consisting of the four (4) digit game number (1194), a seven (7) digit pack number, and a three (3) digit ticket number. Ticket numbers start with 001 and end with 075 within each pack. The format will be: 1194-0000001-001.
K. Pack - A pack of "CADILLAC® ESCALADE™ CASH" Instant Game tickets contains 075 tickets, packed in plastic shrink-wrapping and fanfolded by 75 fanfolded, perforated tickets per pack in one (1) ticket per strip. Ticket 001 will be shown on the front of the pack; the back of ticket 075 will be revealed on the back of the pack. All packs will be tightly shrink-wrapped. There will be no breaks between the tickets in a pack. Every other book will reverse i.e., reverse order will be: the back of ticket 001 will be shown on the front of the pack and the front of ticket 075 will be shown on the back of the pack.
L. Non-Winning Ticket - A ticket which is not programmed to be a winning ticket or a ticket that does not meet all of the requirements of these Game Procedures, the State Lottery Act (Texas Government Code, Chapter 466), and applicable rules adopted by the Texas Lottery pursuant to the State Lottery Act and referenced in 16 TAC Chapter 401.
M. Ticket or Instant Game Ticket, or Instant Ticket - A Texas Lottery "CADILLAC® ESCALADE™ CASH" Instant Game No. 1194 ticket.
2.0 Determination of Prize Winners. The determination of prize winners is subject to the general ticket validation requirements set forth in Texas Lottery Rule 401.302, Instant Game Rules, these Game Procedures, and the requirements set out on the back of each instant ticket. A prize winner in the "CADILLAC® ESCALADE™ CASH" Instant Game is determined once the latex on the ticket is scratched off to expose 40 (forty) Play Symbols. If the total of YOUR CARDS beats the DEALER'S TOTAL in the same HAND, the player wins prize shown for that HAND. If YOUR CARDS add up to "21" in any one HAND, the player wins DOUBLE the prize shown for that HAND instantly. J, Q, K=10, A=11. No portion of the display printing nor any extraneous matter whatsoever shall be usable or playable as a part of the Instant Game.
2.1 Instant Ticket Validation Requirements.
A. To be a valid Instant Game ticket, all of the following requirements must be met:
1. Exactly 40 (forty) Play Symbols must appear under the latex overprint on the front portion of the ticket;
2. Each of the Play Symbols must have a Play Symbol Caption underneath, unless specified, and each Play Symbol must agree with its Play Symbol Caption;
3. Each of the Play Symbols must be present in its entirety and be fully legible;
4. Each of the Play Symbols must be printed in black ink except for dual image games;
5. The ticket shall be intact;
6. The Serial Number, Retailer Validation Code and Pack-Ticket Number must be present in their entirety and be fully legible;
7. The Serial Number must correspond, using the Texas Lottery's codes, to the Play Symbols on the ticket;
8. The ticket must not have a hole punched through it, be mutilated, altered, unreadable, reconstituted or tampered with in any manner;
9. The ticket must not be counterfeit in whole or in part;
10. The ticket must have been issued by the Texas Lottery in an authorized manner;
11. The ticket must not have been stolen, nor appear on any list of omitted tickets or non-activated tickets on file at the Texas Lottery;
12. The Play Symbols, Serial Number, Retailer Validation Code and Pack-Ticket Number must be right side up and not reversed in any manner;
13. The ticket must be complete and not miscut, and have exactly 40 (forty) Play Symbols under the latex overprint on the front portion of the ticket, exactly one Serial Number, exactly one Retailer Validation Code, and exactly one Pack-Ticket Number on the ticket;
14. The Serial Number of an apparent winning ticket shall correspond with the Texas Lottery's Serial Numbers for winning tickets, and a ticket with that Serial Number shall not have been paid previously;
15. The ticket must not be blank or partially blank, misregistered, defective or printed or produced in error;
16. Each of the 40 (forty) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures;
17. Each of the 40 (forty) Play Symbols on the ticket must be printed in the Symbol font and must correspond precisely to the artwork on file at the Texas Lottery; the ticket Serial Numbers must be printed in the Serial font and must correspond precisely to the artwork on file at the Texas Lottery; and the Pack-Ticket Number must be printed in the Pack-Ticket Number font and must correspond precisely to the artwork on file at the Texas Lottery;
18. The display printing on the ticket must be regular in every respect and correspond precisely to the artwork on file at the Texas Lottery; and
19. The ticket must have been received by the Texas Lottery by applicable deadlines.
B. The ticket must pass all additional validation tests provided for in these Game Procedures, the Texas Lottery's Rules governing the award of prizes of the amount to be validated, and any confidential validation and security tests of the Texas Lottery.
C. Any Instant Game ticket not passing all of the validation requirements is void and ineligible for any prize and shall not be paid. However, the Executive Director may, solely at the Executive Director's discretion, refund the retail sales price of the ticket. In the event a defective ticket is purchased, the only responsibility or liability of the Texas Lottery shall be to replace the defective ticket with another unplayed ticket in that Instant Game (or a ticket of equivalent sales price from any other current Instant Lottery game) or refund the retail sales price of the ticket, solely at the Executive Director's discretion.
2.2 Programmed Game Parameters.
A. Consecutive non-winning tickets within a pack will not have identical patterns.
B. A ticket will win as indicated by the prize structure.
C. A ticket can win up to ten (10) times.
D. Non-winning configurations to vary ticket to ticket and from pack to pack.
E. The ACE is considered high and has a value of 11.
F. The Jack, Queen and King have a value of 10.
G. The YOUR CARDS symbols will be used randomly and evenly across all twenty (20) YOUR CARDS positions, with respect to other restrictions.
H. No YOUR CARDS symbol will appear more than three (3) times on a ticket unless required for multiple wins.
I. The DEALER'S TOTAL symbols will be used randomly and evenly across all ten (10) DEALER'S TOTAL positions, with respect to other restrictions.
J. No DEALER'S TOTAL symbol will appear more than three (3) times on a ticket unless required for multiple wins.
K. The PRIZE symbols will be used randomly and evenly across all ten (10) PRIZE positions, with respect to other restrictions.
L. There will be no ties between the DEALER'S TOTAL and the total value of the YOUR CARDS within a HAND.
M. A range of values from fourteen (14) to twenty (20) will be used for the DEALER'S TOTAL.
N. A range of total values from twelve (12) to twenty-one (21) will be used for the YOUR CARDS.
O. A total value of "21" in the YOUR CARDS wins double the PRIZE shown, and will win as per the prize structure.
P. A total value of "21" will never appear within any HAND on a non-winning ticket.
Q. On all tickets, a prize amount will not appear more than twice, except when required by multiple wins.
R. On non-winning tickets, the total value of each YOUR CARDS will never be greater than or equal to the DEALER'S TOTAL within a hand.
S. On winning and non-winning tickets, the top cash prize of $50,000 and Escalade™ will each appear at least once, except on the nine (9) and ten (10) times wins.
2.3 Procedure for Claiming Prizes.
A. To claim a "CADILLAC® ESCALADE™ CASH" Instant Game prize of $5.00, $10.00, $15.00, $25.00, $50.00, $100, or $500, a claimant shall sign the back of the ticket in the space designated on the ticket and present the winning ticket to any Texas Lottery Retailer. The Texas Lottery Retailer shall verify the claim and, if valid, and upon presentation of proper identification, if appropriate, make payment of the amount due the claimant and physically void the ticket; provided that the Texas Lottery Retailer may, but is not required, to pay a $25.00, $50.00, $100 or $500 ticket. In the event the Texas Lottery Retailer cannot verify the claim, the Texas Lottery Retailer shall provide the claimant with a claim form and instruct the claimant on how to file a claim with the Texas Lottery. If the claim is validated by the Texas Lottery, a check shall be forwarded to the claimant in the amount due. In the event the claim is not validated, the claim shall be denied and the claimant shall be notified promptly. A claimant may also claim any of the above prizes under the procedure described in Section 2.3.B and Section 2.3.C of these Game Procedures.
B. To claim a "CADILLAC® ESCALADE™ CASH" Instant Game prize of $5,000, $50,000 or Cadillac® Escalade™ Hybrid, the claimant must sign the winning ticket and present it at one of the Texas Lottery's Claim Centers. If the claim is validated by the Texas Lottery, payment will be made to the bearer of the validated winning ticket for that prize upon presentation of proper identification. When paying a prize of $600 or more, the Texas Lottery shall file the appropriate income reporting form with the Internal Revenue Service (IRS) and shall withhold federal income tax at a rate set by the IRS if required. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.
C. As an alternative method of claiming a "CADILLAC® ESCALADE™ CASH" Instant Game prize, the claimant must sign the winning ticket, thoroughly complete a claim form, and mail both to: Texas Lottery Commission, Post Office Box 16600, Austin, Texas 78761-6600. The risk of sending a ticket remains with the claimant. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.
D. Prior to payment by the Texas Lottery of any prize, the Texas Lottery shall deduct a sufficient amount from the winnings of a person who has been finally determined to be:
1. delinquent in the payment of a tax or other money collected by the Comptroller, the Texas Workforce Commission, or Texas Alcoholic Beverage Commission;
2. delinquent in making child support payments administered or collected by the Attorney General;
3. delinquent in reimbursing the Texas Health and Human Services Commission for a benefit granted in error under the food stamp program or the program of financial assistance under Chapter 31, Human Resources Code;
4. in default on a loan made under Chapter 52, Education Code; or
5. in default on a loan guaranteed under Chapter 57, Education Code.
E. If a person is indebted or owes delinquent taxes to the State, other than those specified in the preceding paragraph, the winnings of a person shall be withheld until the debt or taxes are paid.
2.4 Allowance for Delay of Payment. The Texas Lottery may delay payment of the prize pending a final determination by the Executive Director, under any of the following circumstances:
A. if a dispute occurs, or it appears likely that a dispute may occur, regarding the prize;
B. if there is any question regarding the identity of the claimant;
C. if there is any question regarding the validity of the ticket presented for payment; or
D. if the claim is subject to any deduction from the payment otherwise due, as described in Section 2.3.D of these Game Procedures. No liability for interest for any delay shall accrue to the benefit of the claimant pending payment of the claim.
2.5 Payment of Prizes to Persons Under 18. If a person under the age of 18 years is entitled to a cash prize of less than $600 from the "CADILLAC® ESCALADE™ CASH" Instant Game, the Texas Lottery shall deliver to an adult member of the minor's family or the minor's guardian a check or warrant in the amount of the prize payable to the order of the minor.
2.6 If a person under the age of 18 years is entitled to a cash prize of more than $600 from the "CADILLAC® ESCALADE™ CASH" Instant Game, the Texas Lottery shall deposit the amount of the prize in a custodial bank account, with an adult member of the minor's family or the minor's guardian serving as custodian for the minor.
2.7 Instant Ticket Claim Period. All Instant Game prizes must be claimed within 180 days following the end of the Instant Game or within the applicable time period for certain eligible military personnel as set forth in Texas Government Code Section 466.408. Any prize not claimed within that period, and in the manner specified in these Game Procedures and on the back of each ticket, shall be forfeited.
2.8 Disclaimer. The number of prizes in a game is approximate based on the number of tickets ordered. The number of actual prizes available in a game may vary based on number of tickets manufactured, testing, distribution, sales and number of prizes claimed. An Instant Game ticket may continue to be sold even when all the top prizes have been claimed.
3.0 Instant Ticket Ownership.
A. Until such time as a signature is placed upon the back portion of an Instant Game ticket in the space designated, a ticket shall be owned by the physical possessor of said ticket. When a signature is placed on the back of the ticket in the space designated, the player whose signature appears in that area shall be the owner of the ticket and shall be entitled to any prize attributable thereto. Notwithstanding any name or names submitted on a claim form, the Executive Director shall make payment to the player whose signature appears on the back of the ticket in the space designated. If more than one name appears on the back of the ticket, the Executive Director will require that one of those players whose name appears thereon be designated by such players to receive payment.
B. The Texas Lottery shall not be responsible for lost or stolen Instant Game tickets and shall not be required to pay on a lost or stolen Instant Game ticket.
4.0 Number and Value of Instant Prizes. There will be approximately 6,000,000 tickets in the Instant Game No. 1194. The approximate number and value of prizes in the game are as follows:
A. The actual number of tickets in the game may be increased or decreased at the sole discretion of the Texas Lottery Commission.
5.0 End of the Instant Game. The Executive Director may, at any time, announce a closing date (end date) for the Instant Game No. 1194 without advance notice, at which point no further tickets in that game may be sold. The determination of the closing date and reasons for closing the game will be made in accordance with the instant game closing procedures and the Instant Game Rules, 16 TAC §401.302(j).
6.0 Governing Law. In purchasing an Instant Game ticket, the player agrees to comply with, and abide by, these Game Procedures for Instant Game No. 1194, the State Lottery Act (Texas Government Code, Chapter 466), applicable rules adopted by the Texas Lottery pursuant to the State Lottery Act and referenced in 16 TAC Chapter 401, and all final decisions of the Executive Director.
TRD-200901732
Kimberly L. Kiplin
General Counsel
Texas Lottery Commission
Filed: May 7, 2009
Notice of Application for Approval of Code of Conduct and Organizational Structure
Notice is given to the public of the filing on April 15, 2009, with the Public Utility Commission of Texas of an application for approval of code of conduct and organizational structure as required by PURA §39.157. The filing is required prior to securing a Certificate of Convenience and Necessity for specific facilities.
Docket Title and Number: Application of Cross Texas, LLC for Approval of its Code of Conduct and Organizational Structure, Docket Number 36865 before the Public Utility Commission of Texas.
Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than June 1, 2009. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136 or toll free at 1-800-735-2989. All comments should reference Docket Number 36865.
TRD-200901874
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: May 11, 2009
Notice is given to the public of a petition filed with the Public Utility Commission of Texas on May 6, 2009, for designation as an eligible telecommunications carrier, pursuant to Substantive Rule §26.418.
Docket Title and Number: Application of Everycall Communications, Inc. for Designation as an Eligible Telecommunications Carrier. Docket Number 36975.
The Application: Everycall Communications, Inc. seeks designation as an eligible telecommunications carrier in the service areas of Southwestern Bell Telephone Company d/b/a AT&T Texas, and GTE Southwest, Inc. d/b/a Verizon in Texas.
Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas by June 11, 2009. Requests for further information should be mailed to the Public Utility Commission of Texas, P.O. Box 13326, Austin, Texas 78711-3326, or you may call the Public Utility Commission's Customer Protection Division at (512) 936-7120 or (888) 782-8477. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136 or use Relay Texas (800) 735-2989 to reach the commission's toll free number (888) 782-8477. All comments should reference Docket Number 36975.
TRD-200901896
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: May 13, 2009
Notice is given to the public of the filing with the Public Utility Commission of Texas of an application on May 5, 2009, for a service provider certificate of operating authority (SPCOA), pursuant to §§54.151 - 54.156 of the Public Utility Regulatory Act (PURA).
Docket Title and Number: Application of WTI Communications, Inc. for a Service Provider Certificate of Operating Authority, Docket Number 36970 before the Public Utility Commission of Texas.
Applicant intends to provide plain old telephone service, ADSL, SDSL, T1-Private Line, Frame Relay, long distance, wireless and MPLS services.
Applicant's requested SPCOA geographic area includes area of Texas currently served by Southwestern Bell Telephone Company d/b/a AT&T Texas, Embarq, and Verizon Southwest.
Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than May 28, 2009. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136 or toll free at 1-800-735-2989. All comments should reference Docket Number 36970.
TRD-200901875
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: May 11, 2009
Notice is given to the public of the filing with the Public Utility Commission of Texas an application on May 4, 2009, for waiver of denial by the Pooling Administrator (PA) of 1stel, Inc.'s (1stel) request for a 1,000 number block for Waxahachie, Texas.
Docket Title and Number: Petition of 1stel, Inc. for Waiver of Denial of Numbering Resources, Docket Number 36962.
The Application: 1stel, Inc. submitted an application to the PA for a 1,000 number block for Waxahachie, Texas in accordance with the current guidelines. The PA denied the request because 1stel did not meet the months-to-exhaust and utilization criteria established by the Federal Communications Commission.
Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than May 28, 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 36962.
TRD-200901897
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: May 13, 2009
Notice is given to the public of the filing with the Public Utility Commission of Texas an application on May 8, 2009, for waiver of denial by the Pooling Administrator (PA) of Verizon Southwest, Inc.'s (Verizon) request for an NPA/NXX to meet the business needs of the University of Texas Medical Branch at their Victory Lakes site in League City, Texas, Dickinson rate center.
Docket Title and Number: Petition of Verizon Southwest, Inc. for Waiver of Denial of Numbering Resources, Docket Number 36977.
The Application: Verizon submitted an application to the PA for the requested NPA/NXX in accordance with the current guidelines. The PA denied the request because Verizon did not meet the months-to-exhaust and utilization criteria established by the Federal Communications Commission.
Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than May 28, 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 36977.
TRD-200901898
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: May 13, 2009
Notice is given to the public of the filing with the Public Utility Commission of Texas of an application filed on May 6, 2009, for an amendment to certificated service area boundaries within Williamson County, Texas.
Docket Style and Number: Application of the Georgetown Utility Systems (Georgetown) to Amend a Certificate of Convenience and Necessity for Service Area Boundaries within Williamson County. Docket Number 36974.
The Application: The application encompasses an area of land which is singly certificated to Pedernales Electric Cooperative (PEC) and is within the corporate limits of the City of Georgetown. Georgetown received a letter request from Erin Welch, authorized agent of the current landowner, Campbell-Georgetown #1 Limited Partnership, requesting Georgetown to provide electric utility service to a proposed 33.765 acre tract for construction of a residential development. The estimated cost to Georgetown to provide service to this proposed area is $80,000.
Persons wishing to comment on the action sought should contact the Public Utility Commission of Texas no later than May 29, 2009, by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll-free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136 or use Relay Texas (toll free) at 1-800-735-2989. All comments should reference Docket Number 36974.
TRD-200901876
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: May 11, 2009
The Public Utility Commission of Texas (commission) has initiated a new project to determine whether changes in technology, facilities, or competitive or market conditions justify a modification of the commission-established categories of access lines or the adoption of a revised definition of "access line" as defined for Municipal Right of Way purposes. Rules pertaining to this subject are found in 16 Texas Administrative Code Chapter 26, Subchapter R, Provisions Relating to Municipal Regulation and Rights-of-Way Management.
This review is required by Texas Local Government Code §283.003 (relating to Commission Review). In order to determine whether there is a need to revise commission rules applicable to Municipal Franchise Fees, the commission requests that interested persons file comments in response to the following questions:
1. Over the past three years, do any changes in telecommunications technology justify changes to the rules relating to the definition of an access line and/or the categories of access lines as defined for municipal right-of-way purposes? Please identify the technology and the commission rule(s) that the change in technology affects. In addition, please reference and discuss all applicable provisions of the Public Utility Regulatory Act (PURA), Texas Utilities Code Title II.
2. Over the past three years, do any changes in telecommunications facilities for the provisioning of telecommunications service justify changes to the rules relating to the definition of an access line and/or the categories of access lines as defined for municipal right-of-way purposes? Please identify the technology and the commission rule(s) that the change in technology affects. In addition, please reference and discuss all applicable PURA provisions.
3. Over the past three years, do any changes in competitive or market conditions justify changes to the rules relating to the definition of an access line or the categories of access lines as defined for municipal right-of-way purposes? Please identify the conditions and the commission rule(s) that the change in conditions affects. In addition, please reference and discuss all applicable PURA provisions.
4. Do changes in telecommunications technology, facilities, or market or competitive conditions require a review of the methodology for counting access lines for the assessment of municipal right-of-way fees? If so, please describe the necessary changes to the counting methodology, the commission rules affected, the rationale for making such changes, and how the changes may be accomplished in a competitively neutral manner.
Responses to this notice 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 21 days of the date of publication of this notice. All responses should reference Project Number 36830. This notice is not a formal notice of a proposed rulemaking, but the parties' responses to the questions will assist the commission in determining the necessity for a related rulemaking. Questions concerning this notice should be referred to John Costello, Rate Regulation Division, at (512) 936-7377 or Jeff Stuart, Legal Division, at (512) 936-7442. Hearing and speech impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136.
TRD-200901883
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: May 12, 2009
Public Hearing Notice for Clean Water State Revolving Fund Intended Use Plan for American Recovery and Reinvestment Act of 2009
The Texas Water Development Board (Board) will conduct a public hearing on the draft American Recovery and Reinvestment Act of 2009 (ARRA) Clean Water State Revolving Fund (CWSRF) Intended Use Plan (IUP) to implement funding under the ARRA special CWSRF capitalization grant. The hearing will begin at 1:30 p.m. on Friday, June 12, 2009, in Room 170 of the Stephen F. Austin Building at 1700 N. Congress Ave., Austin, Texas 78701. Public access to the Stephen F. Austin Building is located at the Congress Avenue (east) entrance of the building.
The ARRA CWSRF IUP contains a list of wastewater projects in prioritized order which will be considered for funding through the CWSRF loan program. The draft ARRA CWSRF IUP has been prepared pursuant to rules adopted by the Board in 31 Texas Administrative Code Chapter 375. Please note that these rules have been waived or modified by the TWDB in certain respects in order to comply with special requirements for the ARRA CWSRF capitalization grant. The ARRA CWSRF funds must be used to fund projects that are either under construction or fully committed to construction contracts no later than February 17, 2010. Accordingly, the projects are prioritized on the basis of readiness to proceed to construction before that date. ARRA also requires that 20% of the available funds are set aside for "green" projects and 50% for deep subsidization of projects which the Board has reserved for disadvantaged communities. See the TWDB WebSite at www.twdb.state.tx.us/stimulus for descriptions of green projects.
Interested persons are encouraged to attend the hearing and to present relevant and material comments concerning the draft ARRA CWSRF IUP. The Board also will receive information from applicants in addition to that previously provided in order to supplement or clarify a project's readiness to proceed, disadvantaged community status, or qualifications as a "green" project. However, the Board will not consider any changes or modifications to the scope of work for any project. In addition, persons may submit written comments to General Counsel, Texas Water Development Board, P.O. Box 13231, Austin, Texas 78711, or may file comments at rulescomments@twdb.state.tx.us. Comments and supplemental information provided outside of electronic submission at the address stated, written comments to the Board's General Counsel, or at the public hearing on June 12, 2009, will not be considered. Any comments and supplemental information received after 5:00 p.m. June 15, 2009, will not be considered. Interested persons also may review the draft ARRA of 2009 CWSRF IUP at the Board's website at: www.twdb.state.tx.us/stimulus/index.htm. Copies of the draft ARRA CWSRF IUP also may be obtained in Room 560 on the 5th floor of the Stephen F. Austin Building or may be obtained from the Texas Water Development Board, Project Finance, P.O. Box 13231, Austin, Texas 78711.
The hearing will be conducted in a manner that allows all members of the public to speak. Please note that time limits on public comments may be imposed.
Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services such as interpreters for persons who are deaf or hearing impaired, readers, large print or Braille, are requested to contact Leslie Anderson at (512) 463-7855 two (2) working days prior to the meeting so that appropriate arrangements can be made.
TRD-200901909
Kenneth L. Petersen
General Counsel
Texas Water Development Board
Filed: May 13, 2009