Office of the Attorney General
Notice of Settlement of a Texas Solid Waste Disposal Act Enforcement Action
Notice is hereby given by the State of Texas of the following proposed
resolution of an environmental enforcement lawsuit under the Texas Health
and Safety Code. 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 the Act.
Case Title and Court: State of Texas v. The City of Brady, Number GV-000266,
in the 345th Judicial District Court of Travis County, Texas.
Background: The Texas Natural Resource Conservation Commission ("TNRCC"),
issued an agreed administrative order finding that unauthorized discharges
of industrial solid waste and hazardous waste had occurred at the City of
Brady Power Plant, 900 West First St., Brady, McCulloch County, Texas. The
order assessed an administrative penalty of $28,880 and required the City
to undertake a cleanup of the plant. The City paid the administrative penalty.
Subsequently, the State of Texas filed a lawsuit to enforce the technical
requirements of the cleanup.
Nature of the Settlement: The case is to be settled by an agreed final
judgment.
Proposed Settlement: The agreed final judgment reduces the TNRCC's administrative
order to an order of the Court and awards the State its legal fees.
The Office of the Attorney General will accept written comments relating
to the proposed settlement for thirty (30) days from the date of publication
of this notice. Copies of the proposed agreed final judgment may be examined
at the Office of the Attorney General, 300 W. 15th Street, 10th Floor, Austin,
Texas. A copy of the proposed agreed final 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 same, should be directed to
Thomas H. Edwards, Assistant Attorney General, Office of the Attorney General,
P.O. Box 12548, Austin, Texas 78711-2548; telephone (512) 463-2012, fax (512)
320-0052.
For further information regarding this publication,
please contact A.G. Younger, Agency Liaison, at (512) 463-2110.
TRD-200106598
Susan D. Gusky
Assistant Attorney General
Office of the Attorney General
Filed: October 26, 2001
Notice of Request for Proposals
The Brazos Valley Workforce Development Board (BVWDB) is soliciting proposals
for Marketing Services and a Marketing Plan for the Brazos Valley Employer
Coalition for Dependent Care (BVECDC). The RFP can be downloaded at: www.bvjobs.org
or requested by contacting: Lloyd A. Behm, Program Specialist, Brazos Valley
Workforce Development Board, Attn: Marketing RFP, 1706 East 29th Street, Bryan,
Texas 77802, Phone: (979) 775-4244, ext 115; Fax: (979) 775-3466.
The purpose of this RFP is to procure a contractor to provide a comprehensive
marketing plan and marketing services for the BVECDC. The RFP contains the
necessary background, requirements, instructions, and information necessary
to prepare a proposal to provide the requested services. The deadline for
proposals is 4:00 P.M., CST on November 9, 2001.
TRD-200106660
Tom Wilkinson
Executive Director
Brazos Valley Workforce Development Board
Filed: October 30, 2001
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. 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 these activities extends
30 days from the date published on the Coastal Coordination Council web site.
Requests for federal consistency review were received for the following projects(s)
during the period of October 19, 2001, through October 25, 2001. The public
comment period for these projects will close at 5:00 p.m. on November 30,
2001.
FEDERAL AGENCY ACTIONS:
Applicant: Genstar Summerwood LP; Location: The project site is a 1,500
acre tract of undeveloped land located both north and south of West Lake Houston
Parkway, immediately east of Sam Houston Parkway, extending east of Deussen
Parkway, in northeast Harris County, Texas. The project can be located on
the U.S.G.S. quadrangle map entitled: Harmaston, Texas. Approximate UTM Coordinates:
Zone: 15; Easting: 289154; Northing: 3312201. CCC Project No.: 01-0371-F1;
Description of Proposed Action: The applicant requests authorization to discharge
fill material into approximately 5.89 acres of adjacent wetland habitat for
the construction of a residential development. The project site consists of
131.74 acres of wooded sloughs that are part of a surface water tributary
system of Carpenter's Bayou that eventually drains into the San Jacinto River.
As part of the impact minimization effort, the applicant will avoid impacting
124.06 acres of jurisdictional wetlands onsite. The applicant also proposes
to construct elevated boardwalks crossing avoided wetland areas at various
locations within the subdivision. The boardwalks would be 5 to 6 feet wide
and would be constructed 3 feet above the vegetation line to prevent obstruction
of water movement. The applicant proposes a multi-faceted compensatory mitigation
plan that includes an average 30-foot wide upland buffer around the perimeter
of the preserved jurisdictional areas, enhancement of preserved jurisdictional
areas, grading of lots to drain to abutting wetlands, reconnection of historic
drainage patterns, creation of 2.5 acres of forested wetland habitat, and
the placement of a deed restriction over all mitigation areas. Additionally,
two weir structures will be constructed within the proposed drainage ditches
to protect hydrology in the adjacent wetlands. Type of Application: U.S.A.C.E.
permit application #22461 is being evaluated under §404 of the Clean
Water Act (33 U.S.C.A. §§125-1387). NOTE: The CMP consistency review
for this project may be conducted by the Texas Natural Resource Conservation
Commission as part of its certification under §401 of the Clean Water
Act.
Applicant: Sabco Operating Company; Location: The proposed project is located
in State Tract 49, approximately 6.4 miles southeast of Corpus Christi, offshore
of Nueces County, Texas. The project can be located on the U.S.G.S. quadrangle
map entitled: Portland, Texas. Approximate UTM Coordinates: Zone: 14; Easting:
667983; Northing: 3072596. CCC Project No.: 01-0372-F1; Description of Proposed
Action: The applicant proposes to install three 2-7/8 inch pipelines from
State Tract (S.T.) 52, Well No. 6 surface location to production platform
49 in State Tract 49. The pipelines would be buried a minimum of 3 feet deep
by disking, plowing, or jetting. Approximately 1,486 cubic yards of material
would be displaced during pipeline construction. The bottom of the bay in
the proposed project area is beneath 20 feet of water at Mean Low Tide and
does not support any sea grass or oyster reef development. Type of Application:
U.S.A.C.E. permit application #22174/006 is being evaluated under §10
of the Rivers and Harbors Act of 1899 (33 U.S.C.A. §403). NOTE: The CMP
consistency review for this project may be conducted by the Railroad Commission
of Texas as part of its certification under §401 of the Clean Water Act.
Applicant: Max Brown Enterprises; Location: The project is located at the
confluence of Salt Bayou and Dickinson Bay near Dickinson Bayou Marker No.
27, at Avenue R and 27th Street in San Leon, Galveston County, Texas. The
project can be located on the U.S.G.S. quadrangle map entitled: Texas City,
Texas. Approximate UTM Coordinates: Zone: 15; Easting: 310408; Northing: 3261685.
CCC Project No.: 01-0374-F1; Description of Proposed Action: The applicant
requests authorization to excavate a canal through uplands. The proposed canal
will measure 2,000 feet long by 250 feet wide and will be excavated to a depth
of 9 feet. Two 100-foot by 100-foot wing walls will be constructed on either
side of the canal opening. No fill material will be discharged below the ordinary
high tide line. No bulkhead will be installed around the perimeter. The slopes
will be designed to withstand erosion in the canal. The applicant also proposes
to dredge a 9-foot deep channel from the canal opening, to the channel in
Dickinson Bay, approximately 400 feet. The purpose of the proposed canal is
to provide boat and barge access to the property, offloading of vessels, and
service. No wetlands or vegetated shallows will be impacted. All material
removed from the uplands or the canal construction will be placed on site
on uplands to raise the elevation of the property. Type of Application: U.S.A.C.E.
permit application #22384 is being evaluated under §10 of the Rivers
and Harbors Act of 1899 (33 U.S.C.A. §403).
Applicant: Trans Texas Gas Corporation; Location: The project is located
at State Tract 331 in Galveston Bay, Galveston County, Texas. The project
can be located on the U.S.G.S. quadrangle map entitled: Texas City, Texas.
Approximate UTM Coordinates: Zone: 15; Easting: 315422; Northing: 3261634.
CCC Project No.: 01-0375-F1; Description of Proposed Action: The applicant
proposes to drill a well and install a walkway and flowline between the proposed
Well No. 4 and an existing production platform in approximately 8 feet of
water in Galveston Bay. Type of Application: U.S.A.C.E. permit application
#20643(04)/020 is being evaluated under §10 of the Rivers and Harbors
Act of 1899 (33 U.S.C.A. §403). NOTE: The CMP consistency review for
this project may be conducted by the Railroad Commission of Texas as part
of its certification under §401 of the Clean Water Act.
Applicant: South Shore Harbour Development, Limited; Location: The project
is located in Clear Lake along the south shore in Galveston County, Texas.
The project can be located on the U.S.G.S. quadrangle map entitled: League
City, Texas. Approximate UTM Coordinates: Zone: 15; Easting: 299476; Northing:
3270103. CCC Project No.: 01-0376-F1; Description of Proposed Action: The
applicant proposes to remove 6,450 feet of existing concrete bagwall and replace
it with wooden bulkhead. For the portion of the bagwall facing Clear Lake,
the remnants will be broken and placed in front of the new wooden bulkhead.
The fill will consist of approximately 1,000 cubic yards of concrete along
approximately 1,000 feet of bulkhead. For the portions not facing Clear Lake,
the old bagwall will be removed and disposed of at an upland site once the
new bulkhead is in place. Type of Application: U.S.A.C.E. permit application
#15665(08) is being evaluated under §10 of the Rivers and Harbors Act
of 1899 (33 U.S.C.A. §403).
Applicant: Yuma E & P Company, Inc.; Location: The project is located
at State Tract 49 in Trinity Bay, Chambers County, Texas. The project can
be located on the U.S.G.S. quadrangle map entitled: Umbrella Point, Texas.
Approximate UTM Coordinates: Zone: 15; Easting: 322888; Northing: 3284367.
CCC Project No.: 01-0377-F1; Description of Proposed Action: The applicant
proposes to relocate their previously authorized well site approximately 273
feet southwest of the permitted location in State Tract 49, Well No. 1. Type
of Application: U.S.A.C.E. permit application #22392(01) is being evaluated
under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. §403).
NOTE: The CMP consistency review for this project may be conducted by the
Railroad Commission of Texas as part of its certification under §401
of the Clean Water Act.
Applicant: Northwood Estates; Location: The project is located at the north
end of Lake Jackson, Brazoria County County, Texas. The project can be located
on the U.S.G.S. quadrangle map entitled: Lake Jackson, Texas. Approximate
UTM Coordinates: Zone: 15; Easting: 261473; Northing: 3217342. CCC Project
No.: 01-0379-F1; Description of Proposed Action: The applicant proposes to
modify mitigation which consists of sloping and paving around the area of
outfall. The water level allowed for wetland mitigation around the lake will
not change. The modification is necessary to allow proper function of the
lake as a detention and retention facility. Type of Application: U.S.A.C.E.
permit application #21519(02) is being evaluated under §10 of the Rivers
and Harbors Act of 1899 (33 U.S.C.A. §403).
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 for the applications listed above may be obtained from
Ms. Diane P. Garcia, Council Secretary, Coastal Coordination Council, 1700
North Congress Avenue, Room 617, Austin, Texas 78701-1495, or diane.garcia@glo.state.tx.us.
Comments should be sent to Ms. Garcia at the above address or by fax at 512/475-0680.
TRD-200106727
Larry R. Soward
Chief Clerk, General Land Office
Coastal Coordination Council
Filed: October 31, 2001
Texas Coastal Impact Assistance Program
The Coastal Impact Assistance Program (CIAP) was authorized by Congress
to assist states in mitigating the impacts associated with Outer Continental
Shelf (OCS) oil and gas production. Congress has appropriated $150 million
to the National Oceanic Atmospheric Administration (NOAA) to be allocated
to Texas and six other coastal states. This money is to be used to undertake
a variety of projects for protecting and restoring coastal resources and mitigating
the impacts of OCS leasing and development. The Office of the Governor has
directed the Texas General Land Office to coordinate with the Coastal Coordination
Council (Council) in the allocation of program funds.
Under this one-time authorization, Texas will receive $26.4 million, which
has been apportioned between the state and eligible coastal counties. The
state's share is approximately $17.1 million and approximately $9.2 million
has been allocated for eligible coastal counties to undertake projects for
protecting and restoring coastal resources. The eighteen eligible coastal
counties are (from the Rio Grande to the Sabine): Cameron, Willacy, Kenedy,
Kleberg, Nueces, San Patricio, Aransas, Refugio, Victoria, Calhoun, Jackson,
Matagorda, Brazoria, Galveston, Harris, Chambers, Jefferson, Orange.
In order to receive these funds, Texas developed and submitted to NOAA
a comprehensive CIAP plan encompassing the proposed use of both the state
and local portions of the CIAP funds on August 31, 2001. The Council's portion
of the CIAP plan included language to administer its portion of the CIAP funds
through a trust fund.
However, at the Council meeting on October 19, 2001, Council members withdrew
the proposal to create a trust fund with the Council's portion of CIAP funds
and voted to move forward with a grant program. The Council has $7,454,756
in CIAP funds to be allocated. As determined by the Council, in Stage 1, 85
percent of the Council's CIAP funds ($6,336,542.60) will be awarded to larger
projects using a process similar to the Coastal Management Program grants
program and guided by the process used earlier this year by the Land Office
in awarding the other portion of the State's CIAP funds. The Council's remaining
15 percent ($1,118,213.40) will be awarded in Stage 2.
The effort to develop the CIAP plan will require a strong collaboration
between the Land Office, Council, federal and local governments, and coastal
agencies. The Land Office is committed to working closely with coastal communities
and coastal agencies in the identification of projects and development of
the CIAP plan. Information on the CIAP is available via the Land Office's
web site: http://www.glo.state.tx.us/coastal/ciap/index.html.
Apply Today:
Project proposals for use of
a portion of the Council's share must be submitted by December 5, 2001. A
project goal summary is available on the Land Office's web site or may be
obtained by contacting Sheri Land at 512-463-5058, 1-800-998-4GLO (select
option 1 and then option 6), or sheri.land@glo.state. tx.us. Project goal
summaries should be sent to the Texas General Land Office, Coastal Impact
Assistance Program, P.O. Box 12873, Austin, Texas 78711-2873 or 1700 N. Congress
Ave., Austin, Texas 78701-1495. Project goal summaries may also be faxed to
512-475-0680.
Each project goal summary should: Identify a point of contact; Provide
a description of the project, its proposed location, its desired outcomes,
and any benefits to the public, coastal economy, and/or coastal natural resource
areas; and A projected budget for the project in as much detail as available.
No local match is required for these one-time
CIAP project grants. However, in the interest of optimizing the benefits of
the program, the offer of match will be favorably considered
Apply?:
Most entities are eligible to apply,
including local governments, river authorities, navigation districts, flood
control districts, municipal utility districts, universities, and non-profit,
non-governmental organizations.
Authorized Purposes for Projects:
Activities
which support the Coastal Zone Management Act, the National Marine Sanctuaries
Act, the Magnuson-Stevens Fishery Conservation and Management Act, or the
National Estuaries Program; Conservation, restoration, enhancement, or protection
of coastal or marine habitats; Protection, restoration, and enhancement of
coastal water quality; Watershed protection or other coastal or marine conservation
needs; Mapping and monitoring of coastal or marine resources and habitats;
Coastal conservation needs associated with seasonal or otherwise transient
populations (i.e. Winter Texans); Protection and restoration of natural coastline
protective features, including control of coastline erosion; Control of invasive
exotic and harmful non-indigenous species; Assistance to local communities
to assess, plan for, and manage the impacts of growth and development, including
coastal community fishery assistance programs; Research, education, and training;
Conservation, protection, or restoration of wetlands; Mitigation of a discharge
of oil or a hazardous substance; and Construction of onshore infrastructure
projects and other public service needs intended to mitigate the environmental
effects of OCS activities (These projects can total no more than 23 percent
of the total Texas allocation).
Project Guidelines:
Sub-awards are discouraged.
Preference is for projects within the Texas CMP boundary. The intent is to
allocate the funds in both amount and geographic location in a manner that
will optimize regional benefits to the entire Texas coast. Large, multi-phase
projects will be considered for funding, in whole or in part. Preference will
be given to projects that are either ineligible for or that do not receive
Land Office or CMP funding from other sources such as the Coastal Erosion
Prevention and Response Act or CMP grant funds. CIAP expenditures for onshore
infrastructure projects are limited to 23 percent of the total funds allocated
to Texas. Funds cannot be used to condemn private property. Property should
only be purchased through a willing seller transaction.
TRD-200106728
Larry R. Soward
Chief Clerk, General Land Office
Coastal Coordination Council
Filed: October 31, 2001
Notice of Contract Award
Notice of Award: Pursuant to Chapter 2254, Chapter B, and Sections 403.011
and 403.020 Texas Government Code, the Comptroller of Public Accounts (Comptroller)
announces this notice of consulting contract award.
The notice of request for proposals (RFP #125a) was published in the September
7, 2001, issue of the
Texas Register
at 26
TexReg 6981.
The consultant will assist Comptroller in conducting a management and performance
review of the Laredo Independent School District.
The contract was awarded to Resource Consultants, Inc., 3600 Bee Caves
Road, Suite 201, Austin, Texas 78746. The total amount of this contract is
not to exceed $190,000.00.
The term of the contract is October 23, 2001 through May 31, 2002. The
final report is due on or before February 4, 2002.
TRD-200106657
Pamela Ponder
Deputy General Counsel for Contracts
Comptroller of Public Accounts
Filed: October 30, 2001
Notice of Award: Pursuant to Chapter 2254, Chapter B, and Sections 403.011
and 403.020 Texas Government Code, the Comptroller of Public Accounts (Comptroller)
announces this notice of consulting contract award.
The notice of request for proposals (RFP #126a) was published in the September
7, 2001, issue of the
Texas Register
at 26
TexReg 6981.
The consultant will assist Comptroller in conducting management and performance
reviews of the Raymondville and San Perlita Independent School Districts.
The contract was awarded to Trace Consulting Services, Inc., 17460 IH-35N,
Suite 160-308, Schertz, Texas 78154. The total amount of this contract is
not to exceed $109,870.00.
The term of the contract is October 23, 2001 through May 31, 2002. The
final report is due on or before March 7, 2002.
TRD-200106658
Pamela Ponder
Deputy General Counsel for Contracts
Comptroller of Public Accounts
Filed: October 30, 2001
Notice of Rate Ceilings
The Consumer Credit Commissioner of Texas has ascertained the following
rate ceilings by use of the formulas and methods described in Sections 303.003,
303.005, and 303.009, Tex. Fin. Code.
The weekly ceiling as prescribed by Sec. 303.003 and Sec. 303.009 for the
period of 11/05/01 - 11/11/01 is 18% for Consumer
1
/Agricultural/Commercial
2
/credit thru
$250,000.
The weekly ceiling as prescribed by Sec. 303.003 and Sec. 303.009 for the
period of 11/05/01 - 11/11/01 is 18% for Commercial over $250,000.
The monthly ceiling as prescribed by Sec. 303.005
3
for the period of 11/01/01 - 11/30/01 is 18% for Consumer/Agricultural/Commercial/credit
thru $250,000.
The monthly ceiling as prescribed by Sec. 303.005 for the period of 11/01/01
- 11/30/01 is 18% for Commercial over $250,000.
1
Credit for personal, family or household
use.
2
Credit for business, commercial, investment
or other similar purpose.
3
For variable rate commercial transactions
only.
TRD-200106652
Leslie L. Pettijohn
Commissioner
Office of Consumer Credit Commissioner
Filed: October 30, 2001
Request for Proposals Concerning Quality Journey Training, Phase 2: Design, Implementation, and Evaluation
Filing Date. October 31, 2001.
Filing Authority. State Employees Training Act (Texas Government Code,
Chapter 656, Job Notices and Training, Subchapter C, Training)
Description. In August 2000, the Texas Education Agency (TEA) solicited
proposals from contractors for the purpose of training and guiding staff in
the Department of Quality, Compliance, and Accountability Reviews through
Phase 1 of the department's Quality Journey. The Quality Journey is a two-phase
collaborative approach to designing organizations intended to increase work
quality using quality-based tools and processes. The department's Quality
Journey seeks to focus on customer needs, to reduce or eliminate redundancy
in workflow, and to examine supporting policies, procedures, and systems in
light of overall quality improvement for the department. Phase 1 of the Quality
Journey included training and guidance in: delineation of planning components,
definition of quality-based tools, analysis of existing department workflow,
and a review of the department mission and vision. Vandermark & Associates,
201 Lark Road, Marble Falls, Texas 78654-8233, was awarded the contract in
the amount of $15,000. Phase 1 has been successfully completed.
In Phase 2, the final phase of the project, the contractor will use existing
data gathered from Phase 1 to train and guide the department on how to develop
design options, implement the new department design, evaluate the impact of
the departmental redesign, and incorporate a process for continuous improvement.
The contractor, Vandermark & Associates, successfully completed Phase
1 of the project, which included training in planning components, definition
and analysis, and a review of the department's mission and vision. Under the
provisions of Request for Proposals (RFP) #701-02-004, TEA intends to award
a continuation contract to the current contractor, Vandermark & Associates,
unless a better offer is received by 5:00 p.m. (Central Time) Tuesday, December
11, 2001, in the TEA Document Control Center, Room 6-108, Texas Education
Agency, William B. Travis Building, 1701 N. Congress Avenue, Austin, Texas
78701-1494.
Dates of Project. All services and activities related to this contract
will be conducted within specified dates. The continuation contractor shall
plan for a starting date of no earlier than January 15, 2002, and an ending
date of no later than January 15, 2003.
Project Amount. The contractor may receive funding not to exceed $14,000
during the contract period. Subsequent project funding will be based on satisfactory
performance of objectives and activities, on appropriated funding being available,
and authorization to continue.
Requesting the Proposal. A complete copy of RFP #701-02-004 may be obtained
by calling Judy Krohn at (512) 463-9662; by faxing (512) 936-0723; or by e-mailing
jkrohn@tea.state.tx.us. Please refer to the RFP number in your request.
The TEA is not obligated to execute a resulting contract, provide funds,
or endorse any proposal submitted in response to this RFP. This RFP does not
commit the TEA to pay any costs incurred before a contract is executed. The
issuance of this RFP does not obligate the TEA to award a contract or pay
any costs incurred in preparing a response.
Further Information. For clarifying information, contact Judy Krohn, Division
of Accountability Development and Support, TEA, by telephone at (512) 463-9662
or by e-mail at jkrohn@tea.state.tx.us.
Deadline for Receipt of Proposals. Proposals must be received in the Document
Control Center of the Texas Education Agency by 5:00 p.m. (Central Time),
Tuesday, December 11, 2001, to be considered.
TRD-200106719
Cristina DeLaFuente-Valadez
Manager, Policy Planning
Texas Education Agency
Filed: October 31, 2001
Notice of Request for Redesignation of the Lower Rio Grande Workforce Development Area
Notice is given to the public that the Governor has received a recommendation
for redesignation of the Lower Rio Grande Workforce Development Area (LRGWDA)
from the Texas Council on Workforce and Economic Competitiveness. The recommended
redesignation would result in Starr County being removed from the South Texas
Workforce Development Area and becoming part of the LRGWDA.
As mandated in Texas Government Code, §2308.101, the Governor is accepting
written comments on the proposed redesignation from the public. Persons who
wish to provide written comments on the proposed redesignation should submit
their comments to the Office of the Governor, Attention to Royce Poinsett,
Assistant General Counsel, P.O. Box 12428, Austin Texas 78711 or by email
to rpoinsett@governor.state.tx.us. Written comments should be received no
later than December 15, 2001.
TRD-200106661
Royce Poinsett
Assistant General Counsel
Office of the Governor
Filed: October 30, 2001
Pursuant to Subchapter A, §§2254.001 et. seq., Texas Government
Code, the Governor's Office of Budget and Planning invites professionals with
demonstrated competence and qualifications and documented expertise in the
field of indirect cost recovery and cost allocation plans for governmental
units to submit proposals to prepare and negotiate with the federal government,
under the provisions of OMB Circular A-87, the State of Texas' consolidated
statewide cost allocation plan for the fiscal year ending August 31, 2003.
These consultant services have been provided previously by the consulting
firm of DMG/MAXIMUS. Unless a clearly superior proposal is received from a
different proposer, the Governor's Office intends to award the contract for
the FY 2003 plan to MAXIMUS, Incorporated, subject to negotiation of a fair
and reasonable price.
Proposers will be expected to develop a cost allocation plan that enables
eligible state agencies to recover the maximum indirect costs possible from
federal programs. The contractor selected will be responsible for all aspects
of the plan, including obtaining raw cost and statistical data, identifying
allocable costs, preparing and submitting the plan, and negotiating the final
plan with the federal government for state agency use during the state fiscal
year beginning September 1, 2002. Proposals must include a description of
the system to be used to extract allowable costs from central government agencies
and for allocating such costs. Contractor may be required to prepare alternative
allocation tables using different allocation bases to demonstrate maximum
feasible recovery options.
As a component of the cost allocation plan, the contractor selected must
also identify the costs of providing statewide support services to each state
agency. This component must identify state agencies that use services from
state central services agencies (for example, auditing, accounting, centralized
purchasing, and legal services) in carrying out their programs and the type
and dollar amount of services used. The contractor selected will be responsible
for all aspects of this component, including obtaining raw cost and statistical
data and identifying allocable costs. Proposals must include a description
of the system to be used to extract allowable costs from central government
agencies and for allocating such costs.
A complete set of the work papers used to prepare the plan must be kept
and provided to the Governor's Office upon request. The contractor is required
to provide 20 copies of the summary of fixed costs related to federal cost
allocations from the completed plan and 20 copies of the summary of costs
related to the allocation of state central service agency costs to other state
agencies from the completed full cost plan. The contractor must also provide
the summaries of fixed costs for the federal and state plans in machine-readable
form, preferably EXCEL, for posting on the Internet.
The Governor's Office of Budget and Planning will evaluate each proposal
and reserves the right to reject any and all proposals. The state assumes
no responsibility for expenses incurred in preparing responses to this solicitation.
If selected, the contractor will be chosen on the basis of proposal content,
the proposer's demonstrated experience, competence, knowledge and qualifications,
and ability to meet the federal filing deadline of February 28, 2002.
A copy of the FY 2001 plan may be downloaded from the Internet at http://www.governor.state.tx.us/the_office/gts_tracs/Grants/guidelines.htm
or obtained by contacting Denise Francis, Governor's Office of Budget and
Planning, P.O. Box 12428, Austin, Texas 78711 (telephone (512) 305-9415, e-mail
dfrancis@governor.state.tx.us).
All proposals must be received at the above address no later than 5:00
p.m., December 10, 2001.
TRD-200106468
Bob Pemberton
Deputy General Counsel
Office of the Governor
Filed: October 25, 2001
Designation of Sites Serving Medically Underserved Populations for Mission Arlington/Mission Metroplex Medical Clinic
The Texas Department of Health (department) is required under the Occupations
Code, §157.052 to designate sites serving medically underserved populations.
In addition, the department is required to publish notice of such designations
in the Texas Register and to provide an opportunity for public comment on
the designations.
Accordingly, the department has designated the following as a site serving
medically underserved populations: Mission Arlington/Mission Metroplex Medical
Clinic, 210 W. South Street, Arlington, Texas 76010. The designation is based
on proven eligibility as a site serving a disproportionate number of clients
eligible for federal, state or locally funded health care programs.
Oral and written comments on this designation may be directed to Bruce
Gunn, Ph.D., Director, Health Professions Resource Center, Office of Policy
and Planning, Texas Department of Health, 1100 West 49th Street, Austin, Texas
78756; telephone (512) 458-7261. Comments will be accepted for 30 days from
the publication date of this notice.
TRD-200106720
Susan Steeg
General Counsel
Texas Department of Health
Filed: October 31, 2001
Notice is hereby given that the Bureau of Radiation Control (bureau) ordered
U.S. X-Ray, Inc. (registrant-Unregistered) of Chesapeake, Ohio, to cease and
desist using x-ray equipment and conducting a healing arts screening program
in Texas until approval has been obtained from the bureau. The bureau determined
that conducting an unauthorized healing arts screening program with x-ray
equipment that has not been registered with the bureau may expose members
of the public to unnecessary radiation. This constitutes an immediate threat
to public health and safety, and the existence of an emergency. The order
will remain in effect until the bureau authorizes the company to perform the
screening program.
A copy of all relevant material is available for public inspection at the
Bureau of Radiation Control, Texas Department of Health, Exchange Building,
8407 Wall Street, Austin, Texas, telephone (512) 834-6688, Monday-Friday,
8:00 a.m. to 5:00 p.m. (except holidays).
TRD-200106691
Susan K. Steeg
General Counsel
Texas Department of Health
Filed: October 30, 2001
Notice is hereby given that the Bureau of Radiation Control (bureau), Texas
Department of Health (department), issued a notice of violation and proposal
to assess an administrative penalty to U.S. X-Ray, Inc. (registrant-R26394)
of Chesapeake, Ohio. A total penalty of $30,000 is proposed to be assessed
to the registrant for alleged violations of 25 Texas Administrative Code, §289.226
and the Emergency Cease and Desist Order issued by the bureau on August 21,
2001.
A copy of all relevant material is available for public inspection at the
Bureau of Radiation Control, Texas Department of Health, Exchange Building,
8407 Wall Street, Austin, Texas, telephone (512) 834-6688, Monday-Friday,
8:00 a.m. to 5:00 p.m. (except holidays).
TRD-200106692
Susan K. Steeg
General Counsel
Texas Department of Health
Filed: October 30, 2001
INTRODUCTION
In order to assist minority community-based organizations (CBO) in the
effective delivery of HIV services to people of color, the Texas Department
of Health (department), Bureau of HIV and STD Prevention, wishes to identify
an African-American, non-profit organization to identify and address training,
technical assistance, and other organizational development needs of minority
HIV/STD providers. The initial focus of the project will be to identify and
assist African-American CBOs in need of such resources.
PURPOSE
The contractor will provide the following resources to African-American
CBOs in Texas:
(1) Organizational assessment to identify needs for capacity building,
advocacy and organizational development;
(2) Development of a training and/or technical assistance plan;
(3) Identification of existing training and/or technical assistance providers
who are currently funded to provide the identified needs, and matching them
with the CBOs;
(4) Acquisition of training and/or technical assistance through the hiring
of consultants and experts;
(5) Direct training and/or technical assistance; and
(6) Monitoring of technical assistance provided and evaluating its effectiveness.
ELIGIBLE APPLICANTS
Eligible applicants are public or private nonprofit organizations within
the state of Texas. Applicants are limited to African-American organizations.
The organizations must have board of directors made up of 50% African American
members. Applicants must demonstrate cultural competency with other minorities
for the long-range purposes of this project. Applicants must have a proven
track record in organizational development; needs assessment; working in the
minority community; and collaboration with local, state and/or federal agencies.
Agencies that have had state or federal contracts terminated within the last
24 months for deficiencies in fiscal or programmatic performance are not eligible
to apply.
AVAILABLE FUNDS
The department has identified $150,000 in funds for the initial phase of
the project. Continuation funding will be based on successful contractor performance.
The department plans to select one agency to provide these services through
a competitive Request for Proposal (RFP). The review and award criteria will
be included in the RFP. The project is expected to start April 1, 2002.
FOR INFORMATION
Interested parties may obtain a copy of the RFP at the website:
http://www.tdh.state.tx.us/hivstd/grants/default.htm; or, contact Laura
Ramos at 512/490-2525 or by e-mail at laura.ramos@tdh.state.tx.us. No copies
of the RFP will be released prior to November 16, 2001. Proposals are due
January 16, 2002. Request Document Number 0027.
TRD-200106730
Susan K. Steeg
General Counsel
Texas Department of Health
Filed: October 31, 2001
The Texas Department of Health, having duly filed complaints pursuant to
25 Texas Administrative Code, §289.205, has revoked the following certificates
of registration: Houston Hi Tension Sales and Service Inc., Houston, R20777,
October 4, 2001; Mesa Family Clinic, Houston, R21454, October 4, 2001; Arthur
W. Coleman, D.D.S. & Associates, R24360, Houston, October 4, 2001; Edinburg
Physicians Network, P.L.L.C., Pharr, R24449, October 4, 2001; McAllen Primary
Care Associates, McAllen, R25204, October 4, 2001.
A copy of all relevant material is available for public inspection at the
Bureau of Radiation Control, Texas Department of Health, Exchange Building,
8407 Wall Street, Austin, Texas, telephone (512) 834-6688, Monday-Friday,
8:00 a.m. to 5:00 p.m. (except holidays).
TRD-200106690
Susan K. Steeg
General Counsel
Texas Department of Health
Filed: October 30, 2001
The Texas Department of Health, having duly filed complaints pursuant to
25 Texas Administrative Code, §289.205, has revoked the following radioactive
material licenses: Lead Based Paint Detection Corp., Houston, L04586, October
4, 2001; Outpatient Diagnostic Nuclear Medicine, Inc., El Paso, L05199, October
4, 2001.
A copy of all relevant material is available for public inspection at the
Bureau of Radiation Control, Texas Department of Health, Exchange Building,
8407 Wall Street, Austin, Texas, telephone (512) 834-6688, Monday-Friday,
8:00 a.m. to 5:00 p.m. (except holidays).
TRD-200106689
Susan K. Steeg
General Counsel
Texas Department of Health
Filed: October 30, 2001
Notice of Proposed Medicaid Provider Payment Rates, Non-State Operated ICF/MR Providers and State Operated Small Facilities ICF/MR
As single state agency for the state Medicaid program, the Health and Human
Services Commission proposes a new rate for the Non-State Operated Intermediate
Care Facilities for the Mentally Retarded (ICF/MR) program and State Operated
Small Facilities operated by the Texas Department of Mental Health & Mental
Retardation. The proposed rates will be in effect starting November 1, 2001.
Payment rates for the non-state operated facilities are proposed as follows:
[graphic]
Payment rates for the state operated small facilities is proposed as follows:
Small Facilities $204.43
The proposed rates were determined in compliance with the rate setting
methodology codified at 1 T.A.C. ch. 355, subch. D, §355.451 and §355.456.
A public hearing will be held on Monday, November 19, 2001 at 9:00a.m.
in Building 2 Room 240 at the Texas Department Mental Health Mental Retardation
Central Office, at 909 W. 45th St., Austin, Texas 78751.
Written comments may be submitted to Reimbursement and Analysis Section,
Medicaid Administration, Texas Department of Mental Health and Mental Retardation,
P.O. Box 12668, Austin, Texas 78711-2668, or faxed to (512) 206-5693. Hand
deliveries will be accepted at 909 West 45th Street, Austin, Texas 78751.
Comments must be received by noon on November 19, 2001. Interested parties
may obtain a copy of the reimbursement-briefing package by calling the Reimbursement
and Analysis Section at (512) 206-5753.
Persons requiring ADA accommodation should contact Tom Wooldridge by calling
(512) 206-5753, at least 72 hours prior to the hearing. Persons requiring
an interpreter for the deaf or hearing impaired should contact Tom Wooldridge
through the Texas Relay operator by calling 1-800-735-2988.
TRD-200106724
Marina Henderson
Executive Deputy Commissioner
Texas Health and Human Services Commission
Filed: October 31, 2001
As single state agency for the state Medicaid program the Health and Human
Services Commission proposes new rates for Home and Community-Based Services
(HCS) effective November 1, 2001, Mental Retardation Local Authority (MRLA)
effective November 1, 2001, operated by the Texas Department Mental Health
Mental Retardation and the Consolidated Waiver (Supported Employment, 24-Hour
Residential Habilitation, and Family Surrogate services), effective November
1, 2001, operated by the Department of Human Services.
A public hearing will be held in compliance with Title 1, Texas Administrative
Code, Chapter 355, Subchapter F, §355.702(h), which requires a public
hearing on proposed reimbursement rates for medical assistance programs and §355.105(g).
The public hearing will be held on Monday, November 19, 2001 at 10:00 a.m.
in room 2-240 of the TDMHMR Central Office building (Building 2) at 909 West
45th Street, Austin, Texas 78751.
Written comments may be submitted to HHSC Rate Analysis, Medicaid Administration,
Texas Department of Mental Health and Mental Retardation, P.O. Box 12668,
Austin, Texas 78711-2668, or faxed to (512) 206-5693. Hand deliveries will
be accepted at 909 West 45th Street, Austin, Texas 78751. Comments must be
received by noon on Monday, November 19, 2001. Interested parties may obtain
a copy of the reimbursement-briefing package by calling the Reimbursement
and Analysis Section at (512) 206-5753.
Persons requiring ADA accommodation should contact Tom Wooldridge by calling
(512) 206-5753, at least 72 hours prior to the hearing. Persons requiring
an interpreter for the deaf or hearing impaired should contact Tom Wooldridge
through the Texas Relay operator by calling 1-800-735-2988.
TRD-200106725
Marina Henderson
Executive Deputy Commissioner
Texas Health and Human Services Commission
Filed: October 31, 2001
Announcement of an Additional Public Hearing for the 2002 State of Texas Consolidated Plan One Year Action Plan - Draft for Public Comment.
The Texas Department of Housing and Community Affairs (TDHCA) announces
an additional public hearing for
2002 State of Texas
Consolidated Plan - One Year Action Plan - Draft for Public Comment
,
which describes the federal resources expected to be available for the following
programs: the Community Development Block Grant Program (CDBG), the HOME Investment
Partnerships Program (HOME), the Emergency Shelter Grants Program (ESG), and
the Housing Opportunities for Persons with AIDS Program (HOPWA).
The public hearing will be held at the following time and location:
Tuesday, November 27, 2001, 6:00p.m.
Johnny S. Calderon Building
710 E. Main Street
Robstown, Texas
Copies of the
2002 State of Texas Consolidated
Plan - One Year Action Plan- Draft for Public Comment
and the
The
2002 State of Texas Consolidated Plan - One
Year Action Plan - Draft for Public Comment
and the
2002 State of Texas Low Income Housing Plan and Annual Report - Draft for
Public Comment
can be ordered by contacting the Texas Department of
Housing and Community Affairs, Housing Resource Center, P.O. Box 13941, Austin
TX, 78711-3941, Phone: (512) 475-3976, Fax: (512) 475-3746, or email at clandry@tdhca.state.tx.us.
These documents will be available beginning November 3, 2001, on TDHCA's website
at www.tdhca.state.tx.us.
Individuals who require auxiliary aids or services should contact Gina
Esteves, ADA Responsible Employee, at (512) 475-3943, or Relay Texas at 1-800-735-2989,
at least two days before the scheduled hearing, so that appropriate arrangements
can be made.
Written comment is also encouraged and should be addressed to the Texas
Department of Housing and Community Affairs, Housing Resource Center, P.O.
Box 13941, Austin TX 78711-3941. For more information on these hearings, please
contact the Housing Resource Center at 512-475-3976.
TRD-200106718
Ruth Cedillo
Acting Executive Director
Texas Department of Housing and Community Affairs
Filed: October 31, 2001
Request for Grant Applications for Local and Regional Juvenile Justice and Delinquency Prevention (JJDP) Act Fund Programs
The Houston-Galveston Area Council is soliciting applications for local
and regional projects that provide prevention, diversion, intervention and
training to prevent juvenile delinquency under the fiscal year 2003 grant
cycle.
Purpose: The purpose of the projects is to provide a variety of prevention,
diversion, intervention, and training projects that prevent juvenile delinquency
and teach young offenders how to change their lives and be accountable for
their actions.
Available Funding: Federal funding is authorized under the Juvenile Justice
and Delinquency Act of 1974, Section 221-223, Public Law 93-415, as amended,
Public Laws 95-115, 96-509, 98-473, 100-690, and 102-586, codified as amended
at 42 U.S.C. 5631-5633. In addition to the rules related to this funding source,
applicants and grantees must comply with the federal regulations at 28 C.F.R.
Section 31.
Standards: Grantees must comply with the applicable grant management standards
adopted under Texas Administrative Code Section 3.19 and Section 3.53, which
are hereby adopted by reference.
Prohibitions: (1) Grantees may not use grant funds or program income for
proselytizing or sectarian worship. (2) Only applicants in the Houston-Galveston
Area Council area are eligible under this RFA. These applicants may apply
under the block grant program administered directly by the Houston-Galveston
Area Council.
Eligible Applicants: (1) state agencies; (2) units of local government;
(3) nonprofit corporations; (4) Indian tribes performing law enforcement functions;
(5) crime control and prevention districts; and (6) faith-based organizations.
Faith-based organizations must be tax-exempt nonprofit entities as certified
by the Internal Revenue Service.
Project Period: Grant-funded projects must begin on or after September
1, 2002, unless exempted by Houston-Galveston Area Council.
Application Process: Interested applicants should call or write the Houston-Galveston
Area Council for information on application deadlines and submission requirements.
Applicants WILL be required by the Houston-Galveston Area Council to attend
an application workshop prior to submitting their applications for funding.
The applicant must contact Brett Arkinson, Criminal Justice Program Coordinator
for funding and workshop information. Detailed specifications are in the application
kit, which is available from the Houston-Galveston Area Council or from the
Office of the Governor's web site address located at http://www.governor.state.tx.us/cjd/cjdmain.htm.
Preferences: Preference will be given to applicants who provide local and
regional programs that focus on juvenile delinquency prevention and intervention.
Closing Date for Receipt of Applications: All application deadlines are
set by the regional council of government. Prospective applicants must contact
the H-GAC Criminal Justice Planner for relevant deadlines.
Selection Process: Applications are prioritized by the Criminal Justice
Advisory Committee based on the need for the program. Priority listings will
be approved by the Houston-Galveston Area Council Board of Directors. Completed
applications will be reviewed for eligibility and cost effectiveness by Houston-Galveston
Area Council. Houston-Galveston Area Council reserves the right to renew grants
for up to two additional years without the selected applications entering
into a competitive selection process. The Houston-Galveston Area Council will
make all final funding decisions.
Contact Person: If additional information is needed contact Houston-Galveston
Area Council, Brett Arkinson, Criminal Justice Program Coordinator at (713)
993-4542 or e-mail at barkinson@hgac.cog.tx.us.
TRD-200106627
Jack Steele
Executive Director
Houston-Galveston Area Council
Filed: October 29, 2001
The Houston-Galveston Area Council is soliciting applications for local
and regional projects that provide services to children, youths, and families
that help prevent drug use and promote safety in schools and communities under
the fiscal year 2003 grant cycle.
Purpose: The purpose of the projects is to promote safe and drug-free neighborhoods,
fostering individual responsibility, promote respect for the rights of others,
and improve school attendance, discipline, and learning.
Available Funding: Federal funding is authorized under the Elementary and
Secondary Education Act, Title IV, Part A, Subpart 1, Sections 4011-4118,
as amended, Public Law 103-382, 20 U.S.C. 7111-7118. All grants awarded from
this fund must comply with the requirements contained therein. In addition
to the rules related to this funding source, applicants and grantees must
comply with the federal regulations at 348 C.F.R. Section 76, which are hereby
adopted by reference.
Standards: Grantees must comply with the applicable grant management standards
adopted under Texas Administrative Code Section 3.19 and Section 3.53, which
are hereby adopted by reference.
Prohibitions: (1) Grantees may not use grant funds or program income for
proselytizing or sectarian worship. (2) Only applicants in the Houston-Galveston
Area Council area are eligible under this RFA. These applicants may apply
under the block grant program administered directly by the Houston-Galveston
Area Council.
Eligible Applicants: (1) Councils of Governments (COGs); (2) cities; (3)
counties; (4) universities; (5) colleges; (6) independent school districts;
(7) nonprofit corporations; (8) crime control and prevention districts; (9)
state agencies; (10) native American tribes; (11) faith-based organizations.
Faith-based organizations must be tax exempt nonprofit entities as certified
by the Internal Revenue Service; (12) regional education service centers;
(13) community supervision and corrections departments; and (14) juvenile
boards.
Project Period: Grant-funded projects must begin on or after September
1, 2002, unless exempted by the Houston-Galveston Area Council.
Application Process: Interested applicants should call or write the Houston-Galveston
Area Council for their county for information on application deadlines and
submission requirements. Applicants WILL be required by the Houston-Galveston
Area Council to attend an application workshop prior to submitting their applications
for funding. The applicant must contact Brett Arkinson, Criminal Justice Program
Coordinator for funding and workshop information. Detailed specifications
are in the application kit, which is available from the Houston-Galveston
Area Council or from the Office of the Governor's web site address located
at http://www.governor.state.tx.us/cjd/cjdmain.htm.
Preferences: Preference will be given to applicants who provide local and
regional programs that target neighborhoods with high rates of violence, drug
abuse, gang-related activities, weapons violations, truancy, and school dropouts.
Closing Date for Receipt of Applications: All application deadlines are
set by the regional council of governments. Prospective applicants must contact
the H-GAC Criminal Justice Planner at their regional council of governments
for relevant deadlines.
Selection Process: Applications are prioritized by the Criminal Justice
Advisory Committee based on the need for the program. Priority listings will
be approved by the Houston-Galveston Area Council Board of Directors. Completed
applications will be reviewed for eligibility and cost effectiveness by the
Houston-Galveston Area Council. Houston-Galveston Area Council reserves the
right to renew grants for up to two additional years without the selected
applications entering a competitive selection process. The Houston-Galveston
Area Council will make all final funding decisions.
Contact Person: If additional information is needed contact Houston-Galveston
Area Council Brett Arkinson, Criminal Justice Program Coordinator at (713)
993-4542 or e-mail at barkinson@hgac.cog.tx.us.
TRD-200106629
Jack Steele
Executive Director
Houston-Galveston Area Council
Filed: October 29, 2001
The Houston-Galveston Area Council is soliciting applications for local
and regional projects to provide support of programs that are designed to
reduce crime and improve the criminal and juvenile justice systems under the
fiscal year 2003 grant cycle.
Purpose: The purpose of the projects is to support a wide range of programs
designed to reduce crime and improve the criminal and juvenile justice systems
locally.
Available Funding: State funding is authorized for these projects under
Section 772.006 of the Texas Government Code designating the Criminal Justice
Division (CJD) of the Governor's Office as the Fund's administering agency.
The Criminal Justice Planning Fund is established by §102.056 and §102.075,
Texas Code of Criminal Procedure. The source of funding is a biennial appropriation
by the Texas Legislature from funds collected through court costs and fees.
Standards: Grantees must comply with the applicable grant management standards
adopted under Texas Administrative Code Section §3.19 as well as meet
the rules set forth in Texas Administrative Code Sections §3.53 and §3.55,
which are hereby adopted by reference.
Prohibitions: (1) Grantees may not use grant funds or program income for
proselytizing or sectarian worship. (2) Only applicants in the Houston-Galveston
Area Council area are eligible under this RFA. These applicants must apply
under the block grant program administered directly by the Houston-Galveston
Area Council.
Eligible Applicants: (1) state agencies; (2) units of local government;
(3) school districts; (4) nonprofit corporations; (5) crime control and prevention
districts; and (6) faith-based organizations. Faith-based organizations must
be tax-exempt nonprofit entities as certified by the Internal Revenue Service.
Houston-Galveston Area Council may approve grants for the renovation or
retrofitting of existing facilities that provide additional beds for juvenile
detention in compliance with the Texas Family Code.
Project Period: Grant-funded projects must begin on or after September
1, 2002, unless exempted by the Houston-Galveston Area Council.
Application Process: Interested applicants should call or write the Houston-Galveston
Area Council for information on application deadlines and submission requirements.
Applicants WILL be required by the Houston-Galveston Area Council to attend
an application workshop prior to submitting their applications for funding.
The applicant must contact Faye K. Prevot, Criminal Justice Planner for funding
and workshop information. Detailed specifications are in the application kit,
which is available from the Houston-Galveston Area Council or from the Office
of the Governor's web site address located at http://www.governor.state.tx.us/cjd/cjdmain.htm.
Preferences: Preference will be given to applicants who provide local and
regional programs that focus on reducing crime and improving the criminal
and juvenile justice systems.
Closing Date for Receipt of Applications: All application deadlines are
set by the regional council of governments. Prospective applicants must contact
the H-GAC Criminal Justice Planner for relevant deadlines.
Selection Process: Applications are prioritized by the Criminal Justice
Advisory Committee based on the need for the program. Priority listings will
be approved by the Houston-Galveston Area Council Board of Directors. Completed
applications will be reviewed for eligibility and cost effectiveness by Houston-Galveston
Area Council. Houston-Galveston Area Council reserves the right to renew grants
for up to two additional years without the selected applications entering
a competitive selection process. The Houston-Galveston Area Council will make
all final funding decisions.
Contact Person: If additional information is needed contact Houston-Galveston
Area Council, Faye K. Prevot, Criminal Justice Planner at (713) 993-2442 or
e-mail at fprevot@hgac.cog.tx.us.
TRD-200106626
Jack Steele
Executive Director
Houston-Galveston Area Council
Filed: October 29, 2001
The Houston-Galveston Area Council; is soliciting applications for local
and regional projects that provide services to victims of crime under the
fiscal year 2003 grant cycle.
Purpose: The purpose of the projects is to provide services and assistance
directly to victims of crime to speed their recovery and aid them through
the criminal justice process. Services may include the following: (1) responding
to the emotional and physical needs of crime victims; (2) assisting victims
in stabilizing their lives after a victimization; (3) assisting victims to
understand and participate in the criminal justice system; and (4) providing
victims with safety and security.
Available Funding: Federal funding is authorized under the Victims of Crime
of 1984 (VOCA), as amended, Public Law 98-473, Chapter XIV, 42 U.S.C. 10601,
et seq., Section 1402, Section 1404; Children's Justice and Assistance Act
of 1986, as amended, Public Law 99-401, Section 102 (5)(b)(a)(ii); Anti-Drug
Abuse Act of 1988, Title VII, Subtitle D, Public Law 100-690; Crime Control
Act of 1990, Public Law 101-647; Federal Courts Administration Act of 1992,
Public Law 102-572; Departments of Commerce, Justice, State, the Judiciary,
and Related Agencies Appropriations Act of 1994; Violent Crime Control and
Law Enforcement Act of 1994, Subtitle C, Public Law 104-132; Anti-Terrorism
and Effective Death Penalty Act of 1996. All grants awarded from this fund
must comply with the requirements contained therein.
Standards: Grantees must comply with the applicable grant management standards
adopted under Texas Administrative Code Section 3.19 and Section 3.503. All
grantees, other than Native American Tribes, must provide matching funds equal
to at least 20 percent of total project expenditures. Native American Tribes
must provide a five percent match. Grantees must satisfy this requirement
through direct funding contributions, in-kind contributions, or a combination
of the two.
Prohibitions: (1) Grantees may not use grant funds or program income for
proselytizing or sectarian worship. (2) Grant funds may not be used to pay
for indirect costs. (3) Grantees may not use grant funds for nursing-home
care (except for short-term emergencies), home health-care costs, in-patient
treatment costs, hospital care, and other types of emergency and non-emergency
medical or dental treatment. (4) Grant funds cannot support medical costs
resulting from a crime, except for forensic medical examinations for sexual
assault victims. (5) Grant funds cannot support relocation expenses for crime
victims such as moving expenses, security deposits on housing, rent, and mortgage
payments. (6) Grantees may not use grant funds to pay salaries, fees, and
reimbursable expenses associated with administrators, board members, executive
directors, consultants, coordinators, and other individuals unless the grantees
incur the expenses while providing direct services to crime victims. (7) Grant
funds may support administrative time to complete VOCA-required time and attendance
sheets and programmatic documentation, reports, and statistics, administrative
time to maintain crime victims' records, and the prorated share of audit costs.
(8) Only applicants in the Houston-Galveston Area Council area are eligible
under this RFA. These applicants may apply under the block grant program administered
directly by Houston-Galveston Area Council.
Grantees may not use grant funds to pay for the following services, activities,
and costs: (1) lobbying and administrative advocacy; (2) perpetrator rehabilitation
and counseling; (3) needs assessments, surveys, evaluations, and studies;
(4) prosecution activities; (5) fundraising activities; (6) property loss;
(7) most medical costs; (8) relocation expenses; (9) administrative staff
expenses; (10) development of protocols, interagency agreements, and other
working agreements; (11) costs of sending individual crime victims to conferences;
(12) activities exclusively related to crime prevention; (13) non-emergency
legal representation such as for divorces or civil restitution recovery efforts;
(14) victim-offender meetings that serve to replace criminal justice proceedings;
and (15) management and administrative training for executive directors, board
members, and other individuals that do not provide direct services.
Eligible Applicants: (a) State agencies, units of local government, nonprofit
corporations, Native American tribes, crime control and prevention districts,
community supervision and corrections departments, and faith-based organizations
who provide direct services to victims of crime are eligible to apply for
grants under this fund. Faith-based organizations must be tax-exempt nonprofit
entities certified by the Internal Revenue Service. (b) All applicants must
meet one of the following criteria: (1) the applicant has a record of providing
effective services to crime victims; or (2) if an applicant does not have
a demonstrated record of providing such services, it must show that at least
25 percent of its financial support comes from non-federal sources. (c) All
applicants must meet each of the following criteria: (1) applicants must use
volunteers, unless CJD /Houston-Galveston Area Council determines that a compelling
reason exists to grant an exception; (2) applicants must promote community
efforts to aid crime victims; (3) applicants must help victims apply for compensation
benefits; (4) applicants must maintain and display civil rights information;
(5) applicants must provide services to victims of federal crimes on the same
basis as victims of state and local crimes; (6) applicants must provide grant-funded
services at no charge to victims, and any deviation requires prior written
approval by Houston-Galveston Area Council; and (7) applicants must maintain
the confidentiality of all client-counselor information and research data,
as required by state and federal law.
Project Period: Grant-funded projects must begin on July 1, 2002 and end
on June 30, 2003 unless exempted by Houston-Galveston Area Council.
Application Process: Interested applicants should call or write the Houston-Galveston
Area Council for information on application deadlines and submission requirements.
Applicants WILL be required by Houston-Galveston Area Council to attend an
application workshop prior to submitting their applications for funding. The
applicant must contact Mario Watkins, Criminal Justice Planner for funding
and workshop information. Detailed specifications are in the application kit,
which is available from the Houston-Galveston Area Council or from the Office
of the Governor's web site address located at http://www.governor.state.tx.us/cjd/cjdmain.htm.
Preferences: Preference will be given to applicants who provide local and
regional programs that focus on providing services and assistance to victims
of crime and aiding them through the criminal justice process.
Closing Date for Receipt of Applications: All application deadlines are
set by the regional council of governments. Prospective applicants must contact
the H-GAC Criminal Justice Planner for relevant deadlines.
Selection Process: Applications are prioritized by the Criminal Justice
Advisory Committee based on the need for the program. Priority listings will
be approved by the Houston-Galveston Area Council Board of Directors. Completed
applications will be reviewed for eligibility and cost effectiveness by Houston-Galveston
Area Council. Houston-Galveston Area Council reserves the right to renew grants
for up to two additional years without the selected applications entering
a competitive selection process. The Houston-Galveston Area Council will make
all final funding decisions.
Contact Person: If additional information is needed contact Houston-Galveston
Area Council, Mario C. Watkins, Criminal Justice Planner at (713)993-2497
or e-mail at mwatkins@hgac.cog.tx.us.
TRD-200106628
Jack Steele
Executive Director
Houston-Galveston Area Council
Filed: October 29, 2001
Request for Proposal for Contract Registered Dietitians
The Texas Department of Human Services (DHS) is inviting proposals for
contract registered dietitians.
Description of Services.
Up to two additional
registered dietitians are needed statewide to assist private schools and residential
child care institutions (RCCIs) participating in the National School Lunch
Program and/or the School Breakfast Program (NSLP/SBP) in implementing the
requirements of the Healthy School Meals Initiative (HSMI). Contractors must
make an on-site HSMI visit to each school food authority (SFA) for which they
are responsible. The services required of each contractor for each SFA include:
conducting a nutrient analysis of a one week cycle menu provided by each SFA;
instructing SFAs interested in using Nutrient Standard Menu Planning system
(NuMenus) in how to conduct and review a nutrient analysis; instructing SFAs
interested in using assisted NuMenus or food based menu planning systems in
how to review a nutrient analysis; providing instruction in how to use the
nutrient analysis to adjust menus/recipes to meet nutrition goals identified
in the Dietary Guidelines for Americans; providing technical assistance in
menu planning and meal preparation to encourage and support the successful
implementation of the HSMI; and completing HSMI review documents. In addition
to the on-site visit, contractors will also be responsible for conducting
a follow-up desk review for each school/RCCI visited.
Geographical Area.
Dietitians are being actively
sought statewide.
Procedures of Selection.
A screening form
will be used to select applicants. Applicants that are considered for selection
will be scheduled for an interview.
Closing Date.
Proposals must be received
by 12:00 PM, December 14, 2001.
Terms of Contract.
The contract period is
February 1, 2002 through September 30, 2002.
Contact Person.
To obtain a request for proposal
(RFP), please write or fax Jo Anne Nelson, DHS-SNP MC Y-906, P.O. Box 149030,
Austin, Texas 78714-9030, (512) 483-3940 (fax).
TRD-200106688
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Filed: October 30, 2001
Company Licensing
Application for a Certificate of Authority as a Multiple Employer Welfare
Arrangement (MEWA) in the State of Texas by TEXAS AGRICULTURAL COOPERATIVE
TRUST. The home office is in Austin, Texas.
Any objections must be filed with the Texas Department of Insurance, addressed
to the attention of Godwin Ohaechesi, 333 Guadalupe Street, M/C 305-2C, Austin,
Texas 78701.
TRD-200106714
Lynda H. Nesenholtz
General Counsel and Chief Clerk
Texas Department of Insurance
Filed: October 31, 2001
Notice is given to the public of the application of the listed small employer
carrier to be risk-assuming carrier under Texas Insurance Code Articles 26.51
and 26.52. A small employer carrier is defined by Chapter 26 of the Texas
Insurance Code as a health insurance carrier that offers, delivers or issues
for delivery, or renews small employer health benefit plans subject to the
chapter. A risk-assuming carrier is defined by Chapter 26 of the Texas Insurance
Code as a small employer carrier that elects not to participate in the Texas
Health Reinsurance System or is approved for good cause to change its status
to risk-assuming. The following small employer carrier has applied to change
its status to a risk-assuming carrier for good cause:
The Guardian Life Insurance Company of America
The application is subject to public inspection at the offices of the Texas
Department of Insurance, Legal & Compliance Division- Jimmy G. Atkins,
333 Guadalupe, Hobby Tower 1, 9th Floor, Austin, Texas.
If you wish to comment on this application to be risk-assuming carriers,
you must submit your written comments within 60 days after publication of
this notice in the
Texas Register
to Lynda
H. Nesenholtz, Chief Clerk, Mail Code 113-1C, Texas Department of Insurance,
P. O. Box 149104, Austin, Texas 78714-91204. An additional copy of the comments
must be submitted to Mike Boerner, Managing Actuary, Actuarial Division of
the Financial Program, Mail Code 304-3A, Texas Department of Insurance, P.
O. Box 149104, Austin, Texas 78714-9104. Upon consideration of the application,
if the Commissioner is satisfied that all requirements of law have been met,
the Commissioner or his designee may take action to approve the application
to change status to a risk-assuming carrier.
TRD-200106713
Lynda H. Nesenholtz
General Counsel and Chief Clerk
Texas Department of Insurance
Filed: October 31, 2001
Notice is given to the public of the applications of the listed small employer
carriers to be a risk-assuming carrier under Texas Insurance Code Article
26.52. A small employer carrier is defined by Chapter 26 of the Texas Insurance
Code as a health insurance carrier that offers, delivers or issues for delivery,
or renews small employer health benefit plans subject to the chapter. A risk-assuming
carrier is defined by Chapter 26 of the Texas Insurance Code as a small employer
carrier that elects not to participate in the Texas Health Reinsurance System.
The following small employer carriers have applied to be risk-assuming carriers:
New York Life & Health Insurance Company, and Service Life & Casualty
Insurance Company.
The applications are subject to public inspection at the offices of the
Texas Department of Insurance, Legal & Compliance Division - Jimmy G.
Atkins, 333 Guadalupe, Hobby Tower 1, 9th Floor, Austin, Texas.
If you wish to comment on these applications to be a risk-assuming carrier,
you must submit your written comments within 60 days after publication of
this notice in the
Texas Register
to Lynda
H. Nesenholtz, Chief Clerk, Mail Code 113-1C, Texas Department of Insurance,
P. O. Box 149104, Austin, Texas 78714-91204. An additional copy of the comments
must be submitted to Mike Boerner, Managing Actuary, Actuarial Division of
the Financial Program, Mail Code 304-3A, Texas Department of Insurance, P.
O. Box 149104, Austin, Texas 78714-9104. Upon consideration of the applications,
if the Commissioner is satisfied that all requirements of law have been met,
the Commissioner or his designee may take action to approve these applications
to be a risk-assuming carrier.
TRD-200106712
Lynda H. Nesenholtz
General Counsel and Chief Clerk
Texas Department of Insurance
Filed: October 31, 2001
The Commissioner of Insurance, at a public hearing under Docket No. 2503
scheduled for January 22, 2002 at 9:30 a.m., in Room 100 of the William P.
Hobby Jr. State Office Building, 333 Guadalupe Street in Austin, Texas, will
consider a proposal made in a staff petition. Staff's petition seeks amendment
of the Texas Automobile Rules and Rating Manual (the Manual), to adopt new
and/or adjusted 2002 model Private Passenger Automobile Physical Damage Rating
Symbols and revised identification information. Staff's petition (Ref. No.
A-1001-17-I), was filed on October 30, 2001.
The new and/or adjusted symbols for the Manual's Symbols and Identification
Section reflect data compiled on damageability, repairability, and other relevant
loss factors for the listed 2002 model vehicles.
A copy of the petition, including an exhibit with the full text of the
proposed amendments to the Manual is available for review in the office of
the Chief Clerk of the Texas Department of Insurance, 333 Guadalupe Street,
Austin, Texas. For further information or to request copies of the petition,
please contact Sylvia Gutierrez at (512) 463-6327; refer to (Ref. No. A-1001-17-I).
Comments on the proposed changes must be submitted in writing within 30
days after publication of the proposal in the
Texas
Register
, to the Office of the Chief Clerk, Texas Department of Insurance,
P. O. Box 149104, MC 113-2A, Austin, Texas 78714-9104. An additional copy
of comments is to be submitted to Marilyn Hamilton, Associate Commissioner,
Property & Casualty Program, Texas Department of Insurance, P. O. Box
149104, MC 104-PC, Austin, Texas 78714-9104.
This notification is made pursuant to the Insurance Code, Article 5.96,
which exempts it from the requirements of the Government Code, Chapter 2001
(Administrative Procedure Act).
TRD-200106717
Lynda H. Nesenholtz
General Counsel and Chief Clerk
Texas Department of Insurance
Filed: October 31, 2001
The following third party administrator (TPA) applications have been filed
with the Texas Department of Insurance and are under consideration.
Application for admission to Texas of Greenwood International Insurance
Services, Inc., a foreign third party administrator. The home office is Hopkinton,
Massachusetts.
Application for admission to Texas of Family Health America, L.C., a foreign
third party administrator. The home office is Wichita, Kansas.
Any objections must be filed within 20 days after this notice was filed
with the Secretary of State, addressed to the attention of Charles M. Waits,
MC 107-5A, 333 Guadalupe, Austin, Texas 78714-9104.
TRD-200106648
Lynda H. Nesenholtz
General Counsel and Chief Clerk
Texas Department of Insurance
Filed: October 30, 2001
Instant Game No. 264 "Jingle Bucks II"
1.0 Name and Style of Game.
A. The name of Instant Game No. 264 is "JINGLE BUCKS II". The play style
in Game 1 and Game 2 is "match 3 of 9". The play style in Game 3 and 10 is
"If total of Your Numbers equal 7 or 11 win prize for that game". The play
style in Game 4 is "Get a tree symbol, win $20. Get a jingle bell symbol win
$50". The play style in Game 5 is "Get 2 like symbols within a game, win prize
for that game". The play style in Game 6 is "Get 3 gift box symbols in tic-tac-toe
format, win prize shown in prize box". The play style in Game 7 is "Find word
DOUBLE and win double the total winnings on the ticket". The play style in
Game 8 & 9 is "If Your Number is higher than Their Number, win prize shown
for that game".
1.1 Price of Instant Ticket.
A. Tickets for Instant Game No. 264 shall be $10.00 per ticket.
1.2 Definitions in Instant Game No. 264.
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 - One of the symbols which appears under the Latex Overprint
on the front of the ticket. Each Play Symbol is printed in Symbol font in
black ink in positive. The possible play symbols are: $5.00, $10.00, $15.00,
$20.00, $50.00, $100, $250, $500, $1,000, $10,000, $100,000, 1, 2, 3, 4, 5,
6, 7, 8, 9, 10, 11, 12, 13, 14, 15, FIRE SYMBOL, COOKIE SYMBOL, HOLLY SMBOL,
SNOWMAN SYMBOL, JINGLE BELL SYMBOL, TREE SYMBOL, MITTENS SYMBOL, CAP SYMBOL,
DRUM SYMBOL, SACK SYMBOL, CANDY CANE SYMBOL, LIGHT SYMBOL, MUFFS SYMBOL, WREATH
SYMBOL, HORN SYMBOL, DEER SYMBOL, SLEIGH SYMBOL, STAR SYMBOL, GIFT SYMBOL,
SNOWFLAKE SYMBOL, BALL SYMBOL, ANGEL SYMBOL, STOCKING SYMBOL, CANDLE SYMBOL,
SINGLE SYMBOL, and DOUBLE SYMBOL.
D. Play Symbol Caption - the small printed material appearing below each
Play Symbol which explains the Play Symbol. One and only one of these Play
Symbol Captions appears under each Play Symbol and each 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. 264 - 1.2D
[graphic]
E. Retailer Validation Code - Three small letters found under the removable
scratch-off covering in the play area, which retailers use to verify and validate
instant winners. The possible validation codes are:
Figure 2: GAME NO. 264 - 1.2E
[graphic]
Low-tier winning tickets use the required codes listed in Figure 2:16.
Non-winning tickets and high-tier tickets use a non-required combination of
the required codes listed in Figure 2:16 with the exception of ∅, which
will only appear on low-tier winners and will always have a slash through
it.
F. Serial Number - A unique 13 digit number appearing under the latex scratch-off
covering on the front of the ticket. There is a four (4) digit security number
which will be boxed and placed randomly within the Serial Number. The remaining
nine (9) 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 format will be : 0000000000000.
G. Low-Tier Prize - A prize of $10.00, $15.00, or $20.00.
H. Mid-Tier Prize - A prize of $50.00, $100, $250, or $500.
I. High-Tier Prize - $1,000, $10,000, or $100,000.
J. Bar Code - A 22 character interleaved two (2) of five (5) bar code which
will include a three (3) digit game ID, the seven (7) digit pack number, the
three (3) digit ticket number and the nine (9) digit Validation Number. The
bar code appears on the back of the ticket.
K. Pack-Ticket Number - A twenty-two (22) digit number consisting of the
three (3) digit game number (264), a seven (7) digit pack number, and a three
(3) digit ticket number. Ticket numbers start with 000 and end with 074 within
each pack. The format will be: 264-0000001-000.
L. Pack - A pack of "JINGLE BUCKS II" Instant Game tickets contain 074
tickets, which are packed in plastic shrink-wrapping and fanfolded in pages
of one (1). The packs will alternate from pack to pack. Fanfold A: ticket
front 000 will be the top ticket and 074 back will be on the last page. Fanfold
B: ticket back 000 will be on the top and ticket front 074 will be on the
last page.
M. Non-Winning Ticket - A ticket which is not programmed to be a winning
ticket or a ticket that does not meet all of the requirements of these Game
Procedures, the State Lottery Act (Texas Government Code, Chapter 466), and
applicable rules adopted by the Texas Lottery pursuant to the State Lottery
Act and referenced in 16 TAC, Chapter 401.
N. Ticket or Instant Game Ticket, or Instant Ticket - A Texas Lottery "JINGLE
BUCKS II" Instant Game No. 264 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 "JINGLE
BUCKS II" Instant Game is determined once the latex on the ticket is scratched
off to expose 60 (sixty) play symbols. In Game 1, if the player gets 3 like
amounts, the player will win that amount. In Game 2, if the player gets 3
like amounts, the player will win that amount. In Game 3, if the player's
total of YOUR NUMBERS equals 7 or 11 within a game, the player will win the
prize shown. In Game 4, if the player gets a tree symbol, the player will
win $20 automatically. If the player gets a jingle bell symbol, the player
will win $50 automatically. In Game 5, if the player gets 2 (two) like symbols
within a game, the player will win the prize shown. In Game 6, if the player
gets 3 (three) gift box symbols in any one row, column, or diagonal, the player
will win the prize shown. In Game 7, if the player finds the word "DOUBLE"
in the Bonus, the player will double their total winnings on the ticket. In
Game 8, if the player's YOUR NUMBER is higher than THEIR NUMBER, win the prize
shown for that game. In Game 9, if the player's YOUR NUMBER is higher than
THEIR NUMBER, win the prize shown for that game. In Game 10, if the player's
total of YOUR NUMBERS equals 7 or 11 within a game, win the prize shown. No
portion of the display printing nor any extraneous matter whatsoever shall
be usable or playable as a part of the Instant Game.
2.1 Instant Ticket Validation Requirements.
A. To be a valid Instant Game ticket, all of the following requirements
must be met:
1. Exactly 60 (sixty) 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,
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;
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 60 (sixty)
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 60 (sixty) Play Symbols must be exactly one of those described
in Section 1.2.C of these Game Procedures.
17. Each of the 60 (sixty) Play Symbols on the ticket must be printed in
the Symbol font and must correspond precisely to the artwork on file at the
Texas Lottery; the ticket Serial Numbers must be printed in the Serial font
and must correspond precisely to the artwork on file at the Texas Lottery;
and the Pack-Ticket Number must be printed in the Pack-Ticket Number font
and must correspond precisely to the artwork on file at the Texas Lottery;
18. The display printing on the ticket must be regular in every respect
and correspond precisely to the artwork on file at the Texas Lottery; and
19. The ticket must have been received by the Texas Lottery by applicable
deadlines.
B. The ticket must pass all additional validation tests provided for in
these Game Procedures, the Texas Lottery's Rules governing the award of prizes
of the amount to be validated, and any confidential validation and security
tests of the Texas Lottery.
C. Any Instant Game ticket not passing all of the validation requirements
is void and ineligible for any prize and shall not be paid. However, the Executive
Director may, solely at the Executive Director's discretion, refund the retail
sales price of the ticket. In the event a defective ticket is purchased, the
only responsibility or liability of the Texas Lottery shall be to replace
the defective ticket with another unplayed ticket in that Instant Game (or
a ticket of equivalent sales price from any other current Instant Lottery
game) or refund the retail sales price of the ticket, solely at the Executive
Director's discretion.
2.2 Programmed Game Parameters.
A. Consecutive non-winning tickets will not have identical play data, spot
for spot.
B. In Games 1 and 2, there will be no 4 (four) or more like symbols in
a game.
C. In Games 1 and 2, there will be no three or more pairs in a game.
D. In Games 3 and 10, there will be no duplicate non-winning games on a
ticket (symbols in either order).
E. In Game 5, there will be no duplicate non-winning games on a ticket.
F. In Game 6, the gift box symbol will be the ONLY Symbol to appear in
a line, diagonal or row as dictated by the prize structure.
G. In Game 6, each game will have at least 4 gift box symbols.
H. In Games 8 and 9, there will be no duplicate non-winning games on a
ticket (all 4 games within 8 and 9 combined).
I. In Games 8 and 9, there will be no ties within a game.
2.3 Procedure for Claiming Prizes.
A. To claim a "JINGLE BUCKS II" Instant Game prize of $10.00, $15.00, $20.00,
$50.00, $100, $250, 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, make payment
of the amount due the claimant and physically void the ticket; provided that
the Texas Lottery Retailer may, but is not, in some cases, required to pay
a $50.00, $100, $250 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 2.3.C of these Game Procedures.
B. To claim a "JINGLE BUCKS II II" Instant Game prize of $1,000, $10,000
or $10,000, the claimant must sign the winning ticket and present it at one
of the Texas Lottery's Claim Centers. If the claim is validated by the Texas
Lottery, payment will be made to the bearer of the validated winning ticket
for that prize upon presentation of proper identification. When paying a prize
of $600 or more, the Texas Lottery shall file the appropriate income reporting
form with the Internal Revenue Service (IRS) and shall withhold federal income
tax at a rate set by the IRS if required. In the event that the claim is not
validated by the Texas Lottery, the claim shall be denied and the claimant
shall be notified promptly.
C. As an alternative method of claiming a "JINGLE BUCKS II" Instant Game
prize, the claimant must sign the winning ticket, thoroughly complete a claim
form, and mail both to: Texas Lottery Commission, Post Office Box 16600, Austin,
Texas 78761-6600. The risk of sending a ticket remains with the claimant.
In the event that the claim is not validated by the Texas Lottery, the claim
shall be denied and the claimant shall be notified promptly.
D. Prior to payment by the Texas Lottery of any prize, the Texas Lottery
shall deduct a sufficient amount from the winnings of a person who has been
finally determined to be:
1. delinquent in the payment of a tax or other money collected by the Comptroller,
the Texas Workforce Commission, or Texas Alcoholic Beverage Commission;
2. delinquent in making child support payments administered or collected
by the Attorney General; or
3. delinquent in reimbursing the Texas Department of Human Services for
a benefit granted in error under the food stamp program or the program of
financial assistance under Chapter 31, Human Resource Code;
4. in default on a loan made under Chapter 52, Education Code; or
5. in default on a loan guaranteed under Chapter 57, Education Code
E. If a person is indebted or owes delinquent taxes to the State, other
than those specified in the preceding paragraph, the winnings of a person
shall be withheld until the debt or taxes are paid.
2.4 Allowance for Delay of Payment. The Texas Lottery may delay payment
of the prize pending a final determination by the Executive Director, under
any of the following circumstances:
A. if a dispute occurs, or it appears likely that a dispute may occur,
regarding the prize;
B. if there is any question regarding the identity of the claimant;
C. if there is any question regarding the validity of the ticket presented
for payment; or
D. if the claim is subject to any deduction from the payment otherwise
due, as described in Section 2.3.D of these Game Procedures. No liability
for interest for any delay shall accrue to the benefit of the claimant pending
payment of the claim.
2.5 Payment of Prizes to Persons Under 18. If a person under the age of
18 years is entitled to a cash prize of less than $600 from the "JINGLE BUCKS
II" 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 "JINGLE BUCKS II" 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. 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.
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 therefor, 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 therefor, 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 therefor.
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 10,087,725
tickets in the Instant Game No. 264. The approximate number and value of prizes
in the game are as follows:
Figure 3: GAME NO. 264- 4.0
[graphic]
A. The actual number of tickets in the game may be increased or decreased
at the sole discretion of the Texas Lottery.
5.0 End of the Instant Game. The Executive Director may, at any time, announce
a closing date (end date) for the Instant Game No. 264 without advance notice,
at which point no further tickets in that game may be sold.
6.0 Governing Law. In purchasing an Instant Game ticket, the player agrees
to comply with, and abide by, these Game Procedures for Instant Game No. 264,
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-200106625
Kimberly L. Kiplin
General Counsel
Texas Lottery Commission
Filed: October 29, 2001
1.0 Name and Style of Game.
A. The name of Instant Game No. 266 is "BREAK THE BANK". The play style
is a key number match with auto win".
1.1 Price of Instant Ticket.
A. Tickets for Instant Game No. 266 shall be $2.00 per ticket.
1.2 Definitions in Instant Game No. 266.
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 - One of the symbols which appears under the Latex Overprint
on the front of the ticket. Each Play Symbol is printed in Symbol font in
black ink in positive. The possible play symbols are: 1, 2, 3, 4, 5, 6, 7,
8, 9, 10, 11, 12, 13, 14, 15, MONEY STACK, $1.00, $2.00, $4.00, $6.00, $10.00,
$20.00, $50.00, $200, $1,000, $3,000, and $30,000.
D. Play Symbol Caption - the small printed material appearing below each
Play Symbol which explains the Play Symbol. One and only one of these Play
Symbol Captions appears under each Play Symbol and each 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: Table 1 of this section.
[graphic]
E. Retailer Validation Code - Three small letters found under the removable
scratch-off covering in the play area, which retailers use to verify and validate
instant winners. The possible validation codes are: Table 2 of this section.
[graphic]
Low-tier winning tickets use the required codes listed in Figure 2:16.
Non-winning tickets and high-tier tickets use a non-required combination of
the required codes listed in Figure 2:16 with the exception of ∅, which
will only appear on low-tier winners and will always have a slash through
it.
F. Serial Number - A unique 13 digit number appearing under the latex scratch-off
covering on the front of the ticket. There is a four (4) digit security number
which will be boxed and placed randomly within the Serial Number. The remaining
nine (9) 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 format will be: 0000000000000.
G. Low-Tier Prize - A prize of $2.00, $4.00, $6.00, $8.00, 10.00, $12.00,
or $20.00.
H. Mid-Tier Prize - A prize of $50.00, or $200.
I. High-Tier Prize - A prize of $1,000, $3,000, or $30,000
J. Bar Code - A 20 character interleaved two (2) of five (5) bar code which
will include a three (3) digit game ID, the seven (7) digit pack number and
eight (8) digits of the Validation Number and a two (2) digit filler. The
bar code appears on the back of the ticket.
K. Pack-Ticket Number - A thirteen (13) digit number consisting of the
three (3) digit game number (266), a seven (7) digit pack number and a three
(3) digit ticket number. Ticket numbers start with 000 and end with 249 within
each pack. The format will be : 266-0000001-000.
L. Pack - A pack of "BREAK THE BANK" Instant Game tickets contain 250 tickets,
which are packed in plastic shrink-wrapping and fanfolded in pages of two.
Tickets 000 to 001 are on the top page, tickets 002 to 003 are on the next
page, and so forth with tickets 248 to 249 on the last page. Ticket 249 will
be folded down to expose the pack-ticket number through the shrink wrap.
M. Non-Winning Ticket - A ticket which is not programmed to be a winning
ticket or a ticket that does not meet all of the requirements of these Game
Procedures, the State Lottery Act (Texas Government Code, Chapter 466), and
applicable rules adopted by the Texas Lottery pursuant to the State Lottery
Act and referenced in 16 TAC, Chapter 401.
N. Ticket or Instant Game Ticket, or Instant Ticket - A Texas Lottery "BREAK
THE BANK" Instant Game No. 266 ticket.
2.0 Determination of Prize Winners. The determination of prize winners
is subject to the general ticket validation requirements set forth in Texas
Lottery Rule 401.302, Instant Game Rules, these Game Procedures, and the requirements
set out on the back of each instant ticket. A prize winner in the "BREAK THE
BANK" Instant Game is determined once the latex on the ticket is scratched
off to expose the LUCKY NUMBERS, YOUR NUMBERS, and the prize amounts on the
front of the ticket. If any of the player's YOUR NUMBERS match one of the
three (3) LUCKY NUMBERS, the player will win the prize amount shown for that
number. If the player gets a money stack symbol, the player will win the prize
shown for that symbol automatically. No portion of the display printing nor
any extraneous matter whatsoever shall be usable or playable as a part of
the Instant Game.
2.1 Instant Ticket Validation Requirements.
A. To be a valid Instant Game ticket, all of the following requirements
must be met:
1. Exactly 19 (nineteen) Play Symbols must appear under the latex overprint
on the front portion of the ticket;
2. Each of the Play Symbols must have a Play Symbol Caption underneath,
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;
5. The ticket shall be intact;
6. The Serial Number, Retailer Validation Code and Pack-Ticket Number must
be present in their entirety and be fully legible;
7. The Serial Number must correspond, using the Texas Lottery's codes,
to the Play Symbols on the ticket;
8. The ticket must not have a hole punched through it, be mutilated, altered,
unreadable, reconstituted or tampered with in any manner;
9. The ticket must not be counterfeit in whole or in part;
10. The ticket must have been issued by the Texas Lottery in an authorized
manner;
11. The ticket must not have been stolen, nor appear on any list of omitted
tickets or non-activated tickets on file at the Texas Lottery;
12. The Play Symbols, Serial Number, Retailer Validation Code and Pack-Ticket
Number must be right side up and not reversed in any manner;
13. The ticket must be complete and not miscut, and have exactly 19 (nineteen)
Play Symbols under the latex overprint on the front portion of the ticket,
exactly one Serial Number, exactly one Retailer Validation Code, and exactly
one Pack-Ticket Number on the ticket;
14. The Serial Number of an apparent winning ticket shall correspond with
the Texas Lottery's Serial Numbers for winning tickets, and a ticket with
that Serial Number shall not have been paid previously;
15. The ticket must not be blank or partially blank, misregistered, defective
or printed or produced in error;
16. Each of the 19 (nineteen) Play Symbols must be exactly one of those
described in Section 1.2.C of these Game Procedures.
17. Each of the 19 (nineteen) Play Symbols on the ticket must be printed
in the Symbol font and must correspond precisely to the artwork on file at
the Texas Lottery; the ticket Serial Numbers must be printed in the Serial
font and must correspond precisely to the artwork on file at the Texas Lottery;
and the Pack-Ticket Number must be printed in the Pack-Ticket Number font
and must correspond precisely to the artwork on file at the Texas Lottery;
18. The display printing on the ticket must be regular in every respect
and correspond precisely to the artwork on file at the Texas Lottery; and
19. The ticket must have been received by the Texas Lottery by applicable
deadlines.
B. The ticket must pass all additional validation tests provided for in
these Game Procedures, the Texas Lottery's Rules governing the award of prizes
of the amount to be validated, and any confidential validation and security
tests of the Texas Lottery.
C. Any Instant Game ticket not passing all of the validation requirements
is void and ineligible for any prize and shall not be paid. However, the Executive
Director may, solely at the Executive Director's discretion, refund the retail
sales price of the ticket. In the event a defective ticket is purchased, the
only responsibility or liability of the Texas Lottery shall be to replace
the defective ticket with another unplayed ticket in that Instant Game (or
a ticket of equivalent sales price from any other current Instant Lottery
game) or refund the retail sales price of the ticket, solely at the Executive
Director's discretion.
2.2 Programmed Game Parameters.
A. Consecutive non-winning tickets will not have identical play data, spot
for spot.
B. Non-winning prize symbols will not match a winning prize symbol on a
ticket.
C. No duplicate LUCKY NUMBERS on a ticket.
D. There will be no correlation between the matching symbols and the prize
amount.
E. The auto win symbol will never appear more than once on a ticket.
F. No duplicate non-winning play symbols on a ticket.
2.3 Procedure for Claiming Prizes.
A. To claim a "BREAK THE BANK" Instant Game prize of $2.00, $4.00, $6.00,
$8.00, $10.00, $12.00. $20.00, $50.00, or $200, a claimant shall sign the
back of the ticket in the space designated on the ticket and present the winning
ticket to any Texas Lottery Retailer. The Texas Lottery Retailer shall verify
the claim and, if valid, and upon presentation of proper identification, make
payment of the amount due the claimant and physically void the ticket; provided
that the Texas Lottery Retailer may, but is not, in some cases, required to
pay a $50.00 or $200 ticket. In the event the Texas Lottery Retailer cannot
verify the claim, the Texas Lottery Retailer shall provide the claimant with
a claim form and instruct the claimant on how to file a claim with the Texas
Lottery. If the claim is validated by the Texas Lottery, a check shall be
forwarded to the claimant in the amount due. In the event the claim is not
validated, the claim shall be denied and the claimant shall be notified promptly.
A claimant may also claim any of the above prizes under the procedure described
in Section 2.3.B and 2.3.C of these Game Procedures.
B. To claim a "BREAK THE BANK" Instant Game prize of $1,000, $3,000, or
$30,000, the claimant must sign the winning ticket and present it at one of
the Texas Lottery's Claim Centers. If the claim is validated by the Texas
Lottery, payment will be made to the bearer of the validated winning ticket
for that prize upon presentation of proper identification. When paying a prize
of $600 or more, the Texas Lottery shall file the appropriate income reporting
form with the Internal Revenue Service (IRS) and shall withhold federal income
tax at a rate set by the IRS if required. In the event that the claim is not
validated by the Texas Lottery, the claim shall be denied and the claimant
shall be notified promptly.
C. As an alternative method of claiming a "BREAK THE BANK" Instant Game
prize, the claimant must sign the winning ticket, thoroughly complete a claim
form, and mail both to: Texas Lottery Commission, Post Office Box 16600, Austin,
Texas 78761-6600. The risk of sending a ticket remains with the claimant.
In the event that the claim is not validated by the Texas Lottery, the claim
shall be denied and the claimant shall be notified promptly.
D. Prior to payment by the Texas Lottery of any prize, the Texas Lottery
shall deduct a sufficient amount from the winnings of a person who has been
finally determined to be:
1. delinquent in the payment of a tax or other money collected by the Comptroller,
the Texas Workforce Commission, or Texas Alcoholic Beverage Commission;
2. delinquent in making child support payments administered or collected
by the Attorney General; or
3. delinquent in reimbursing the Texas Department of Human Services for
a benefit granted in error under the food stamp program or the program of
financial assistance under Chapter 31, Human Resource Code;
4. in default on a loan made under Chapter 52, Education Code; or
5. in default on a loan guaranteed under Chapter 57, Education Code
F. If a person is indebted or owes delinquent taxes to the State, other
than those specified in the preceding paragraph, the winnings of a person
shall be withheld until the debt or taxes are paid.
2.4 Allowance for Delay of Payment. The Texas Lottery may delay payment
of the prize pending a final determination by the Executive Director, under
any of the following circumstances:
A. if a dispute occurs, or it appears likely that a dispute may occur,
regarding the prize;
B. if there is any question regarding the identity of the claimant;
C. if there is any question regarding the validity of the ticket presented
for payment; or
D. if the claim is subject to any deduction from the payment otherwise
due, as described in Section 2.3.D of these Game Procedures. No liability
for interest for any delay shall accrue to the benefit of the claimant pending
payment of the claim.
2.5 Payment of Prizes to Persons Under 18. If a person under the age of
18 years is entitled to a cash prize of less than $600 from the "BREAK THE
BANK" Instant Game, the Texas Lottery shall deliver to an adult member of
the minor's family or the minor's guardian a check or warrant in the amount
of the prize payable to the order of the minor.
2.6 If a person under the age of 18 years is entitled to a cash prize of
more than $600 from the "BREAK THE BANK" Instant Game, the Texas Lottery shall
deposit the amount of the prize in a custodial bank account, with an adult
member of the minor's family or the minor's guardian serving as custodian
for the minor.
2.7 Instant Ticket Claim Period. All Instant Game prizes must be claimed
within 180 days following the end of the Instant Game. 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.
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 therefor, 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 therefor, 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 therefor.
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 51,015,250
tickets in the Instant Game No. 266. The approximate number and value of prizes
in the game are as follows: Table 3 of this section
[graphic]
A. The actual number of tickets in the game may be increased or decreased
at the sole discretion of the Texas Lottery.
5.0 End of the Instant Game. The Executive Director may, at any time, announce
a closing date (end date) for the Instant Game No. 266 without advance notice,
at which point no further tickets in that game may be sold.
6.0 Governing Law. In purchasing an Instant Game ticket, the player agrees
to comply with, and abide by, these Game Procedures for Instant Game No. 266,
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-200106656
Kimberly L. Kiplin
General Counsel
Texas Lottery Commission
Filed: October 30, 2001
Invitation to Comment
The Texas Natural Resource Conservation Commission (TNRCC or commission)
announces the availability of the draft "October 2001 Update to the Water
Quality Management Plan for the State of Texas" (draft October 2001 WQMP).
The Water Quality Management Plan (WQMP) is developed and promulgated pursuant
to the requirements of the Federal Clean Water Act (CWA), §208. The draft
October 2001 WQMP update includes projected effluent limits of indicated domestic
dischargers useful for water quality management planning in future permit
actions. Once the commission certifies a WQMP update, the update is submitted
to the United States Environmental Protection Agency (EPA) for approval. For
some Texas pollutant discharge elimination system (TPDES) permits, the EPA's
approval of a corresponding WQMP update is a necessary precondition to TPDES
permit issuance by the commission. The draft October 2001 WQMP update also
contains service area populations for listed wastewater treatment facilities,
and documentation of designated management agency resolutions.
A copy of the draft October 2001 update may be found on the commission's
web page located at
http://www.tnrcc.state.tx.us/water/quality/wqmp
. A copy of the draft may also be viewed at the TNRCC Library located
at Texas Natural Resource Conservation Commission, Building A, 12100 Park
35 Circle, North Interstate 35, Austin, Texas.
Written comments on the draft October 2001 Update shall be submitted to
Ms. Suzanne Vargas, Texas Natural Resource Conservation Commission, Water
Quality Division, MC 150, P.O. Box 13087, Austin, Texas 78711-3087. Comments
may also be faxed to (512) 239-4420, but must be followed up with the submission
and receipt of the written comments within three working days of when they
were faxed. Written comments must be submitted no later than 5:00 p.m. on
December 9, 2001. For further information or questions, please contact Ms.
Vargas at (512) 239-4619 or by e-mail at
svargas@tnrcc.state.tx.us
.
TRD-200106542
Stephanie Bergeron
Director, Environmental Law Division
Texas Natural Resource Conservation Commission
Filed: October 26, 2001
AGENCIES: Texas Natural Resource Conservation Commission (commission),
Texas Parks and Wildlife Department (TPWD), Texas General Land Office (GLO),
United States Department of the Interior (DOI), and National Oceanic and Atmospheric
Administration (NOAA) (hereafter, Trustees).
ACTION: Notice of availability of a Final Damage Assessment and Restoration
Plan and Environmental Assessment for ecological injuries and service losses
associated with the Alcoa Point Comfort/Lavaca Bay Superfund Site (SITE).
SUMMARY: Pursuant to 43 Code of Federal Regulations (CFR) §§11.32
and 11.81 - 11.82, notice is hereby given that a document entitled, "Final
Damage Assessment and Restoration Plan and Environmental Assessment for the
Point Comfort/Lavaca Bay NPL Site Ecological Injuries and Service Losses"
(Final DARP/EA) is available to the public. This document has been approved
by the Trustees to address natural resource injuries and resource services
losses of an ecological nature attributable to hazardous substances released
from the Site. The Final DARP/EA finalizes the Trustees' assessment of these
natural resource injuries and service losses attributable to the Site and
the plan for restoring ecological resources and services to compensate for
those injuries and losses. This Final DARP/EA also contains the Trustees'
evaluation of ecological losses after 1999 and all terrestrial resource injuries,
and their corresponding restoration requirements, based on the proposed final
remedy. If the final remedy is consistent with this evaluation, this document
will also constitute the final assessment and restoration plan for these remaining
ecological losses.
The development of the Final DARP/EA included release of a draft of this
DARP/EA for public review and comment as published in the July 14, 2000 issue
of the
Texas Register
(25 TexReg 6843); the
July 14, 2000 issue of the
Federal Register
(65 FR 43739); the July 22 and 26, 2000 issues of the
Port Lavaca Wave
; and the July 25 and 27, 2000 issues of the
To receive a copy of the Final DARP/EA, please contact Richard Seiler,
Texas Natural Resource Conservation Commission, Remediation Division, MC 142,
P.O. Box 13087, Austin, Texas 78711- 3087, (512) 239-2523 or send a fax to
(512) 239-4814. A copy of the Final DARP/EA is also available for downloading
at
http://www.darp.noaa.gov/publicat.htm
.
SUPPLEMENTARY INFORMATION: The Site is located in Point Comfort, Calhoun
County, Texas and encompasses areas impacted by releases of hazardous substances
from Alcoa's Point Comfort Operations facility. Between 1948 and the present,
Alcoa has constructed and operated several types of manufacturing processes
at this facility, including aluminum smelting, carbon paste and briquette
manufacturing, gas processing, chlor-alkali processing, and alumina refining.
Past operations at the facility have resulted in the release of hazardous
substances into the environment, including through the discharge of mercury-containing
wastewater into Lavaca Bay from 1966 to 1970 and releases of mercury into
the bay through a groundwater pathway. In April 1988, the Texas Department
of Health (TDH) issued a "closure" order prohibiting the taking of finfish
and crabs for consumption from a specified area of Lavaca Bay near the facility
due to elevated mercury concentrations found in these species.
The Site was added to the National Priorities List (NPL), pursuant to the
Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), §105;
and 42 United States Code (USC) §§9601 et seq., effective on March
25, 1994 as published in the February 23, 1994 issue of the
Federal Register
(59 FR 8724). The Site was listed primarily due to
the presence of mercury in several species of finfish and crabs in Lavaca
Bay, the fishing closure imposed by TDH, and the presence of mercury and other
hazardous substances in bay sediments adjacent to the facility. Alcoa, the
State of Texas, and the United States Environmental Protection Agency (EPA)
signed an Administrative Order on Consent under CERCLA in March 1994 for the
conduct of a remedial investigation and feasibility study (RI/FS) for the
Site.
The Trustees are designated under CERCLA, §107(f); Federal Water Pollution
Control Act (FWPCA), §311; 33 USC §1321; and other applicable federal
or state laws, including National Oil and Hazardous Substances Pollution Contingency
Plan (NCP), Subpart G; and 40 CFR §§300.600 - 300.615. The Trustees
are authorized to act on behalf of the public under these authorities to protect
and restore natural resources injured or lost as a result of discharges or
releases of hazardous substances.
Paralleling the RI/FS process for the Site, the Trustees have undertaken
an assessment of the natural resource injuries and services losses attributable
to hazardous substances at the Site. The assessment for this Site has been
aided and supported by Alcoa's cooperation pursuant to a memorandum of agreement
(MOA) between Alcoa and the Trustees, which was effective January 14, 1997.
The Final DARP/EA has been developed under the cooperative assessment framework
outlined in the MOA.
The Final DARP/EA is focused on natural resource injuries or services losses
of an ecological nature caused by the hazardous substances at or from the
Site. It completes the second stage of the assessment and restoration planning
process for the Site. The first stage of the assessment process focused on
recreational fishing service losses resulting from the fishing closure. The
Final DARP/EA covering the recreational fishing service losses is also being
released today and is the subject of a separate notice.
This Final DARP/EA finalizes the information and methods used to assess
these ecological injuries and losses, including the scale of restoration actions,
and the actions selected to restore, replace, or acquire resources or services
equivalent to those lost. The document's principal focus is on ecological
losses due to known Site contamination and response actions initiated at the
Site prior to the end of 1999. However, the document also includes the Trustees'
evaluation of ecological losses after 1999 and all terrestrial resource injuries
and their corresponding restoration requirements, based on the proposed final
remedy. If the final remedy is consistent with the proposed remedy, this document
will also constitute the final assessment and restoration plan for these ecological
losses as well. If not, then additional assessment analyses may be necessary
and a third and final stage DARP/EA may be required.
For further information, contact Richard Seiler at (512) 239-2523 or email
TRD-200106649
Stephanie Bergeron
Director, Environmental Law Division
Texas Natural Resource Conservation Commission
Filed: October 30, 2001
AGENCIES: Texas Natural Resource Conservation Commission (commission),
Texas Parks and Wildlife Department (TPWD), Texas General Land Office (GLO),
United States Department of the Interior (DOI), and National Oceanic and Atmospheric
Administration (NOAA) (hereafter, Trustees).
ACTION: Notice of availability of the Final Damage Assessment and Restoration
Plan and Environmental Assessment for recreational fishing service losses
associated with the Alcoa Point Comfort/Lavaca Bay Superfund Site (Site).
SUMMARY: Pursuant to 43 Code of Federal Regulations (CFR) §§11.32
and 11.81 - 11.82, notice is hereby given that a document entitled, "Final
Damage Assessment and Restoration Plan and Environmental Assessment for the
Point Comfort/Lavaca Bay NPL Site Recreational Fishing Service Losses" (Final
DARP/EA) is available to the public. This document has been approved by the
Trustees to address the recreational fishing service losses attributable to
hazardous substances released at and from the Site. This DARP/EA finalizes
the restoration plan which will be used to compensate for recreational fishing
service losses associated with the fishing closure at the Site.
The Trustees released a Draft DARP/EA on September 28, 1999, for public
review and comment for a period of 30 days as published in the October 1,
1999 issue of the
Texas Register
(24 TexReg
8635); the September 28, 1999 issue of the
Federal
Register
(64 FR 52294); and the September 20, 1999 issue of the
To receive a copy of the Final DARP/EA, please contact Richard Seiler,
Texas Natural Resource Conservation Commission, Remediation Division, MC 142,
P.O. Box 13087, Austin, Texas 78711- 3087, (512) 239-2523 or send a fax to
(512) 239-4814. A copy of the Final DARP/EA is also available for downloading
at
http://www.darp.noaa.gov/publicat.htm
.
SUPPLEMENTARY INFORMATION: The Site is located in Point Comfort, Calhoun
County, Texas and encompasses areas impacted by releases of hazardous substances
from Alcoa's Point Comfort Operations facility. Between 1948 and the present,
Alcoa constructed and operated several types of manufacturing processes at
this facility, including aluminum smelting, carbon paste and briquette manufacturing,
gas processing, chlor-alkali processing, and alumina refining. Past operations
at the facility resulted in the release of hazardous substances into the environment,
including the discharge of mercury-containing wastewater into Lavaca Bay from
1966 to 1970 and releases of mercury into the bay through groundwater. In
April 1988, the Texas Department of Health (TDH) issued a "closure order"
prohibiting the taking of finfish and crabs for consumption from a specific
area near the facility due to elevated mercury concentrations in these resources.
The Site was added to the National Priorities List, pursuant to Comprehensive
Environmental Response, Compensation and Liability Act (CERCLA) §105;
and 42 United States Code (USC) 9601, effective on March 25, 1994 as published
in the February 23, 1994 issue of the
Federal Register
(59 FR 8794). The Site was listed primarily due to the presence of
mercury in several species of fish and crab in Lavaca Bay, the fishing closure
imposed by TDH, and the presence of mercury and other hazardous substances
in bay sediments adjacent to the facility. Alcoa, the State of Texas, and
the United States Environmental Protection Agency signed an Administrative
Order on Consent under CERCLA in March 1994 providing for the conduct of a
remedial investigation and feasibility study (RI/FS) for the Site.
The Trustees are designated under CERCLA, §107(f), Federal Water Pollution
Control Act (FWPCA), §311; 33 USC §1321; and other applicable federal
or state laws, including the National Oil and Hazardous Substances Pollution
Contingency Plan (NCP), Subpart G; and 40 CFR §§300.600 - 300.615.
The Trustees are authorized to act on behalf of the public under these authorities
to protect and restore natural resources and resource services injured or
lost as a result of discharges or releases of hazardous substances.
Paralleling the RI/FS process for the Site, the Trustees have undertaken
an assessment of the natural resource injuries and services losses resulting
from releases of hazardous substances attributable to the Site. This assessment
process has been aided and supported by Alcoa's cooperation pursuant to a
memorandum of agreement (MOA) between Alcoa and the Trustees, which was effective
January 14, 1997. The Final DARP/EA has been developed under the cooperative
assessment framework outlined in the MOA.
The Draft DARP/EA released for public review on September 28, 1999, described
the assessment procedures used to define the recreational fishing service
losses, including the scaling of restoration actions, and the restoration
actions preferred for use to compensate for those losses. The choice of preferred
restoration actions was based on the anticipated benefits of such actions
to both pier- or shore-based and boat-based anglers. None of the public comments
received on the Draft DARP/EA raised any issues regarding the identified assessment
procedures or the two restoration actions proposed for use to compensate for
pier- or shore-based fishing losses. Significant public comments, however,
were received opposing the restoration action proposed in the Draft DARP/EA
to address the boat-based fishing losses. In considering these comments, the
Trustees found it necessary to revise that portion of the restoration plan.
The Revised Draft DARP/EA released on May 12, 2000 summarized the public comments
received, finalized the assessment procedures, finalized the selection of
the restoration actions for the pier- or shore-based fishing losses, identified
alternative restoration projects as preferred to address the remainder of
the recreational fishing service losses, and explained the basis and rationale
for that change. The Trustees received no comments on the Revised Draft DARP/EA
and, therefore, have selected the alternative restoration projects for inclusion
in the restoration plan for the recreational fishing service losses. The Final
DARP/EA summarizes the assessment of recreational fishing service losses,
summarizes this restoration planning history, and completes the final restoration
plan to compensate for those losses.
The Final DARP/EA only addresses recreational fishing service losses resulting
from the fishing closure. Its release completes the first stage of the assessment
and restoration planning process for the Site. Natural resource injuries or
service losses of an ecological nature, including those due to early or anticipated
future response actions, are being addressed as a separate, second stage of
the assessment and restoration planning process. The Final DARP/EA for these
ecological injuries and losses is also being released today and is the subject
of a separate notice.
For further information, contact Richard Seiler at (512) 239-2523 or email
TRD-200106650
Stephanie Bergeron
Director, Environmental Law Division
Texas Natural Resource Conservation Commission
Filed: October 30, 2001
The Texas Natural Resource Conservation Commission (TNRCC or commission)
staff is providing an opportunity for written public comment on the listed
Default Orders (DOs). The TNRCC 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. Similar to the procedure followed with respect to Agreed Orders
entered into by the executive director of the TNRCC pursuant to 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
December 10, 2001
.
The TNRCC will consider any written comments received and the TNRCC may withdraw
or withhold approval of a DO if a comment discloses facts or considerations
that indicate that a proposed DO is inappropriate, improper, inadequate, or
inconsistent with the requirements of the statutes and rules within the TNRCC's
jurisdiction, or the TNRCC's orders and permits issued pursuant to the TNRCC's
regulatory authority. Additional notice of changes to a proposed DO is not
required to be published if those changes are made in response to written
comments.
A copy of each of the proposed DOs is available for public inspection at
both the TNRCC'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. Comments about the DO should be sent to the attorney
designated for the DO at the TNRCC's Central Office at P.O. Box 13087, MC
175, Austin, Texas 78711-3087 and must be
received
by 5:00 p.m. on December 10, 2001
. Comments may also be sent by facsimile
machine to the attorney at (512) 239-3434. The TNRCC attorneys are available
to discuss the DOs and/or the comment procedure at the listed phone numbers;
however, comments on the DOs should be submitted to the TNRCC in
writing
.
(1) COMPANY: Ann Harp dba Kountry Korners; DOCKET NUMBER: 2000-0725-PST-E;
TNRCC ID NUMBER: 0066706; LOCATION: 4174 U. S. Highway 180 West, Breckenridge,
Stephens County, Texas; TYPE OF FACILITY: retail gas station; RULES VIOLATED:
30 TAC §334.50(a)(1)(A) and §334.50(b)(1)(A), and TWC, §26.3475,
by failing to provide proper release detection for underground storage tank
(UST) systems, specifically, by failing to monitor tanks for releases at a
frequency of at least once every month; 30 TAC §334.48, by failing to
record inventory volume measurement for regulated substance inputs, withdrawals
and the amount still remaining in the tank each operating day; PENALTY: $15,000;
STAFF ATTORNEY: Robert Hernandez, Litigation Division, MC 175, (210) 403-4016;
REGIONAL OFFICE: Abilene Regional Office, 1977 Industrial Blvd., Abilene,
Texas 79602-7833, (915) 698-9674.
(2) COMPANY: Bayou Inc. dba Bayou Food Store; DOCKET NUMBER: 2001-0201-PST-E;
TNRCC ID NUMBER: 0027224; LOCATION: 1460 Highway 146, San Leon, Galveston
County, Texas; TYPE OF FACILITY: retail gasoline station; RULES VIOLATED:
30 TAC §115.246(6), and Texas Health and Safety Code (THSC), §382.085(b),
by failing to maintain a record of the daily inspections of the Stage II vapor
recovery equipment; 30 TAC §115.242(3)(J), and THSC, §382.085(b),
by failing to maintain the Stage I vapor recovery system in proper operating
condition; 30 TAC §290.51(a)(3) and §334.22(a), by failing to pay
outstanding public health services fees and UST fees; PENALTY: $4,500; STAFF
ATTORNEY: Laurencia Fasoyiro, Litigation Division, MC R-12, (713) 422-8914;
REGIONAL OFFICE: Houston Regional Office, 5425 Polk Ave., Ste. H, Houston,
Texas 77023-1486, (713) 767-3500.
(3) COMPANY: Mr. Henry Speights; DOCKET NUMBER: 2000-1323-OSI-E; TNRCC
ID NUMBER: 15255; LOCATION: 16932 County Road 119, Ranger, Stephens County,
Texas; TYPE OF FACILITY: on- site sewage facility (OSSF); RULES VIOLATED:
THSC, §366.051(c), by failing to obtain proof of a permit and approved
plan from the commission, or authorized agent, before beginning to construct
an OSSF; 30 TAC §285.50(b) and (c), and THSC, §366.071, by installing
an OSSF without possessing a valid certification; 30 TAC §285.30(a),
and THSC, §366.053(2), by failing to conduct a soil evaluation to determine
the suitable type and size of an OSSF; PENALTY: $1,500; STAFF ATTORNEY: Gitanjali
Yadav, Litigation Division, MC 175, (512) 239-2029; REGIONAL OFFICE: Abilene
Regional Office, 1977 Industrial Blvd., Abilene, Texas 79602-7833, (915) 698-9674.
(4) COMPANY: NJB & Sons, Inc; DOCKET NUMBER: 2000-1182-MWD-E; TNRCC
ID NUMBER: 10888-001; LOCATION: 0.75 miles west of State Highway 317 and approximately
2.25 miles north of the intersection of State Highway 317 and Farm-to-Market
Road 107, Moody, McLennan County, Texas; TYPE OF FACILITY: wastewater treatment
facility; RULES VIOLATED: 30 TAC §305.125(1), §§319.1, 319.5(b),
and 319.7(d), and Texas Pollutant Discharge Elimination System (TPDES) Permit
Number 10888-001, Final Effluent Limitations & Monitoring Requirements
Number 1, by failing to take effluent samples of the daily average concentrations
for Biochemical Oxygen Demand (five-day) and Total Suspended Solids at a frequency
of once per week; 30 TAC §§305.125(1), 319.1, and 319.7(d), and
TPDES Permit Number 10888-001, Monitoring and Reporting Requirement Number
1, by failing to submit discharge monitoring reports; PENALTY: $8,125; STAFF
ATTORNEY: Elisa Roberts, Litigation Division, MC R-4, (817) 588-5877; REGIONAL
OFFICE: Waco Regional Office, 6801 Sanger Ave., Ste. 2500, Waco, Texas 76710-7826,
(254) 751-0335.
(5) COMPANY: Oliver Tyson dba Woodland Waste and Ronald C. Wahle; DOCKET
NUMBER: 2000- 0228-MLM-E; TNRCC ID NUMBER: none; LOCATION: 2847 Post Oak Road,
Dallas, Dallas County, Texas; TYPE OF FACILITY: composting facility (facility);
RULES VIOLATED: 30 TAC §332.4(1) and (11) and §335.4, and TWC, §26.121,
by failing to prevent an unauthorized discharge of solid waste, comprised
of bag house resin dust and shredded wire insulation, into and adjacent to
two ponds on the property of the facility; PENALTY: $4,500; STAFF ATTORNEY:
Darren Ream, Litigation Division, MC R-4, (817) 588-5878; REGIONAL OFFICE:
Dallas-Fort Worth Regional Office, 2301 Gravel Drive, Forth Worth, Texas 76010-6499,
(817) 588-5800.
(6) COMPANY: Rodolfo Avila, Sr. dba La Moderna Grocery; DOCKET NUMBER:
2000-0988-PST-E; TNRCC ID NUMBER: 0031695; LOCATION: 14600 Montana, El Paso,
El Paso County, Texas; TYPE OF FACILITY: gasoline service station; RULES VIOLATED:
30 TAC §334.50(a) and (b), and TWC, §26.3475, by failing to operate
and maintain release detection methods for existing UST systems in accordance
with the manufacturer's specifications and instructions; 30 TAC §334.49(a)(2),
and TWC, §26.3475, by failing to operate and maintain a corrosion protection
system in a manner that will ensure that corrosion protection will be continuously
provided to all components of the UST system; 30 TAC §37.815(a)(2), by
failing to demonstrate the required financial responsibility for taking corrective
action and for compensating third parties for bodily injury and property damage
caused by accidental releases arising from the operation of petroleum USTs;
30 TAC §334.7(d)(3), by failing to amend, update or change registration
information regarding system upgrades and a change in ownership; 30 TAC §334.10(b)(1)(A),
by failing to have UST records available for inspection; 30 TAC §§115.226(1),
115.246(1) and (5), and 115.245, and THSC, §382.085(b), by failing to
have Stage II Vapor Recovery System tests, a copy of the California Air Resources
Board order, a gasoline delivery log, and a record of the Dynamic Back-Pressure
and Space Manifolding tests on site; 30 TAC §115.245(2), and THSC, §382.085(b),
by failing to perform annual pressure decay testing; 30 TAC §115.244(1)
and (3), and THSC, §382.085(b), by failing to conduct daily and monthly
inspections of the Stage II Vapor Recovery system; 30 TAC §115.242(3)(B)
- (D), and THSC, §382.085(b), by failing to repair or replace a crimped
vapor hose on Pump Number 3, by failing to repair the torn nozzle and damaged
faceplate on Pump Number 1; 30 TAC §115.242(9), and THSC, §382.085(b),
by failing to post instructions on station dispensers; 30 TAC §115.248(1),
and THSC, §382.085(b), by failing to ensure that all employees receive
Stage II training; 30 TAC §334.22(a), by failing to pay outstanding UST
fees; PENALTY: $24,375; STAFF ATTORNEY: Elisa Roberts, Litigation Division,
MC R-4, (817) 588-5877; REGIONAL OFFICE: El Paso Regional Office, 401 E. Franklin
Ave., Ste. 560, El Paso, Texas 79901-1206, (915) 834-4949.
(7) COMPANY: Ronald C. Wahle; DOCKET NUMBER: 2001-0628-MSW-E; TNRCC ID
NUMBER: none; LOCATION: 2847 Post Oak Road, Dallas, Dallas County, Texas;
TYPE OF FACILITY: waste tire storage facility; RULES VIOLATED: 30 TAC §330.810(a),
by failing to obtain a waste tire storage site registration for the storage
of approximately 4,000 waste tires; PENALTY: $1,000; STAFF ATTORNEY: Darren
Ream, Litigation Division, MC R-4, (817) 588-5878; REGIONAL OFFICE: Dallas-Fort
Worth Regional Office, 2301 Gravel Drive, Forth Worth, Texas 76010-6499, (817)
588-5800.
(8) COMPANY: Tony Torres dba Tony and Son; DOCKET NUMBER: 2000-0754-AIR-E;
TNRCC ID NUMBER: DB-5148-C; LOCATION: 1202 Southwest Third Street, Grand Prairie,
Dallas County, Texas; TYPE OF FACILITY: paint and body shop; RULES VIOLATED:
30 TAC §115.422(1)(A) and (C), and THSC, §382.085(b), by failing
to have an enclosed gun cleaner, or a non-enclosed cleaner with a solvent
vapor pressure of less than one-hundred mmHg at 68 degrees Fahrenheit draining
to a remote reservoir, and failure to keep all of the solvent containers closed;
30 TAC §115.426(1)(A) and (B), and THSC, §382.085(b), by failing
to maintain Material Safety Data Sheets and records of the quantity and type
of each coating and solvent used; PENALTY: $2,700; STAFF ATTORNEY: Darren
Ream, Litigation Division, MC R-4, (817) 588-5878; REGIONAL OFFICE: Dallas-Fort
Worth Regional Office, 2301 Gravel Drive, Forth Worth, Texas 76010-6499, (817)
588-5800.
(9) COMPANY: Ubaldo Gomez dba JLG Trucking; DOCKET NUMBER: 2001-0161-AIR-E;
TNRCC ID NUMBER: EE-0466-Q; LOCATION: 9812 Loya, El Paso, El Paso County,
Texas; TYPE OF FACILITY: trucking business (site); RULES VIOLATED: 30 TAC §119.149(b),
and THSC, §382.085(b), by failing to pave, or uniformly cover with gravel,
parking spaces located at the site; PENALTY: $5,000; STAFF ATTORNEY: Robert
Hernandez, Litigation Division, MC 175, (512) 239-5915; REGIONAL OFFICE: El
Paso Regional Office, 401 E. Franklin Ave., Ste. 560, El Paso, Texas 79901-1206,
(915) 834-4949.
(10) COMPANY: Zulfiqar Enterprises, Inc. dba Mac Pac & Shabbir Ali,
Individually; DOCKET NUMBER: 2000-0585-PST-E; TNRCC ID NUMBER: 0010713; LOCATION:
1215 West Shady Grove, Irving, Dallas County, Texas; TYPE OF FACILITY: convenience
store with retail sales of gasoline; RULES VIOLATED: 30 TAC §115.245(1),
and THSC, §382.085(b); by failing to successfully conduct the initial
compliance test of the Stage II vapor recovery system, 30 TAC §115.244(1),
and THSC, §382.085(b), by failing to conduct the daily Stage II vapor
recovery system inspections; 30 TAC §115.248(1), and THSC, §382.085(b),
by failing to make each current employee aware of the purpose and correct
operation of the Stage II vapor recovery equipment; 30 TAC §115.242(3)(K),
and THSC, §382.085(b), by failing to maintain the Stage II vapor recovery
system on Dispenser Number 4 in an approved condition free of defects that
would impair the effectiveness of the system, by using a ripped hose; 30 TAC §115.242(9),
and THSC, §382.085(b), by failing to post operating instructions conspicuously
on the front of each dispenser equipped with a Stage II vapor recovery system;
30 TAC §334.7(d)(1)(a), by failing to update operational status information
on the UST registration information; 30 TAC §334.48(c), by failing to
reconcile inventory records monthly; 30 TAC §334.50(b)(2)(A)(i)(III),
and TWC, §26.3475, by failing to perform the annual performance test
on line leak detectors; 30 TAC §37.815, by failing to demonstrate financial
responsibility for taking corrective action and for compensating third parties
for bodily injury and property damage caused by accidental releases arising
from the operation of the petroleum UST; 30 TAC §115.242(3)(K), and THSC, §382.085(b),
by failing to maintain the Stage II vapor recovery system on Dispenser Numbers
1, 3, and 4 in an approved condition free of defects; 30 TAC §115.244(3),
and THSC, §382.085(b), by failing to conduct the monthly Stage II vapor
recovery system inspections; 30 TAC §115.245(2), and THSC, §382.085(b),
by failing to conduct the annual pressure decay test of the Stage II vapor
recovery system; 30 TAC §115.248(1), and THSC, §382.085(b), by failing
to make each current employee aware of the purpose and correct operation of
the Stage II vapor recovery equipment; 30 TAC §334.21 and §334.22,
by failing to pay UST fees; PENALTY: $28,000; STAFF ATTORNEY: Shannon Strong,
Litigation Division, MC 175, (512) 239-6201; REGIONAL OFFICE: Dallas- Fort
Worth Regional Office, 2301 Gravel Drive, Forth Worth, Texas 76010-6499, (817)
588-5800.
TRD-200106711
Paul C. Sarahan
Director, Litigation Division
Texas Natural Resource Conservation Commission
Filed: October 31, 2001
The Texas Natural Resource Conservation Commission (TNRCC or commission)
staff is providing an opportunity for written public comment on the listed
Agreed Orders (AOs) pursuant to Texas Water Code (the Code), §7.075,
which requires that the TNRCC may not approve these AOs unless the public
has been provided an opportunity to submit written comments. Section 7.075
requires that notice of the proposed orders and 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
December 10, 2001
.
Section 7.075 also requires that the TNRCC promptly consider any written comments
received and that the TNRCC may withhold approval of an AO if a comment discloses
facts or considerations that indicate the proposed AO is inappropriate, improper,
inadequate, or inconsistent with the requirements of the Code, the Texas Health
and Safety (THSC), and/or the Texas Clean Air Act (the Act). Additional notice
is not required if changes to an AO are made in response to written comments.
A copy of each of the proposed AOs is available for public inspection at
both the TNRCC's Central Office, located at 12100 Park 35 Circle, Building
C, 1st Floor, Austin, Texas 78753, (512) 239-1864 and at the applicable Regional
Office listed as follows. Written comments about these AOs should be sent
to the enforcement coordinator designated for each AO at the TNRCC's Central
Office at P.O. Box 13087, Austin, Texas 78711-3087 and must be
received by 5:00 p.m. on December 10, 2001
. Written comments may also
be sent by facsimile machine to the enforcement coordinator at (512) 239-2550.
The TNRCC 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 should be submitted to the TNRCC in
writing
.
(1) COMPANY: Alcoa World Alumina Atlantic, L.L.C.; DOCKET NUMBER: 2001-1012-AIR-
E; IDENTIFIER: Air Account Number CB-0003-M; LOCATION: Point Comfort, Calhoun
County, Texas; TYPE OF FACILITY: bauxite refining; RULE VIOLATED: 30 TAC §101.20(1), §116.115(c),
40 Code of Federal Regulations (CFR) §§60.7(a)(3), 60.49b(a) and
(g)(3), and 60.386(b), TNRCC Air Permit Number 1475 and 8166, and THSC, §382.085(b),
by failing to submit a complete initial notification of start-up; satisfy
the requirements for performance testing; performance test the opacity monitoring
system; satisfy the requirements for opacity testing; and maintain the records
of the 30 day oxides of nitrogen (NOx) emission rates; 30 TAC §116.110(a), §111.111(a)(2),
and THSC, §382.085(b), by failing to maintain opacity emissions from
the oxalate system vessel; PENALTY: $15,625; ENFORCEMENT COORDINATOR: Gary
McDonald, (361) 825-3100; REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus
Christi, Texas 78412- 5503, (361) 825-3100.
(2) COMPANY: Bass Enterprises Production Company; DOCKET NUMBER: 2001-0812-AIR-
E; IDENTIFIER: Air Account Number LE-0035-K; LOCATION: Hallettsville, Lavaca
County, Texas; TYPE OF FACILITY: natural gas processing; RULE VIOLATED: 30
TAC §122.146(2) and THSC, §382.085(b), by failing to submit the
2000 annual compliance certification; PENALTY: $1,500; ENFORCEMENT COORDINATOR:
Carol McGrath, (361) 825-3100; REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200,
Corpus Christi, Texas 78412-5503, (361) 825-3100.
(3) COMPANY: Bonar Acquisition Corporation; DOCKET NUMBER: 2001-0734-AIR-E;
IDENTIFIER: Air Account Number SK-0043-P; LOCATION: Tyler, Smith County, Texas;
TYPE OF FACILITY: plastic bag manufacturing; RULE VIOLATED: 30 TAC §122.130(b)(1)
and THSC, §382.54 and §382.085(b), by failing to submit an initial
abbreviated federal operating permit; and 30 TAC §122.121 and THSC, §382.54
and §382.085(b), by failing to obtain permit authority for continued
plant operation; PENALTY: $2,000; ENFORCEMENT COORDINATOR: Carolyn Lind, (903)
535-5100; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3756, (903)
535-5100.
(4) COMPANY: Terry Memorial Hospital District dba Brownfield Regional Medical
Center; DOCKET NUMBER: 2001-0834-PST-E; IDENTIFIER: Petroleum Storage Tank
(PST) Facility Identification Number 71796; LOCATION: Brownfield, Terry County,
Texas; TYPE OF FACILITY: hospital; RULE VIOLATED: 30 TAC §334.8(c)(4)(A)(vi)(I)
and (B), by failing to submit a underground storage tank (UST) registration
and self-certification form; PENALTY: $600; ENFORCEMENT COORDINATOR: Gary
Shipp, (806) 796-7092; REGIONAL OFFICE: 4630 50th Street, Suite 600, Lubbock,
Texas 79714-3520, (806) 796-7092.
(5) COMPANY: Caldwell/VSR, Inc.; DOCKET NUMBER: 2001-0391-AIR-E; IDENTIFIER:
Air Account Number HN-0371-V; LOCATION: Weslaco, Hidalgo County, Texas; TYPE
OF FACILITY: window blind manufacturing; RULE VIOLATED: 30 TAC §122.146(2)
and (D), and THSC, §382.085(b), by failing to submit the annual Title
V compliance certification and having the annual Title V certification identify
all other terms and conditions of the permit for which compliance was not
achieved; 30 TAC §122.145(2) and THSC, §382.085(b), by failing to
report in writing all instances of deviations, the probably cause of the deviation,
and any corrective actions or preventative measures taken for each emission
unit addressed in the permit; 30 TAC §101.4 and THSC, §382.085(a)
and (b), by failing to prevent the discharge of an air contaminant; 30 TAC §116.115(c),
Permit Number 34971, and THSC, §382.085(b), by failing to maintain the
outlet gas temperature no less than 1400 degrees Fahrenheit, establish oxidizer
operating instructions and keep them posted, remove a representative core
sample from the catalyst bed of the catalytic oxidizer, and label all emission
points with the proper emission point number; PENALTY: $23,125; ENFORCEMENT
COORDINATOR: Jaime Garza, (956) 425-6010; REGIONAL OFFICE: 1804 West Jefferson
Avenue, Harlingen, Texas 78550-5247, (956) 425-6010.
(6) COMPANY: Farah Associates Inc. dba Collins Food Store; DOCKET NUMBER:
2001- 0376-PST-E; IDENTIFIER: PST Facility Identification Number 0014912;
LOCATION: Arlington, Tarrant County, Texas; TYPE OF FACILITY: gasoline retail;
RULE VIOLATED: 30 TAC §334.7(d)(3), by failing to amend, update, or change
registration information regarding USTs; 30 TAC §334.49(a) and the Code, §26.3475,
by failing to have installed a method of corrosion protection for the UST
system; 30 TAC §334.50(d)(4)(A)(i) and the Code, §26.3475(c)(1),
by failing to conduct inventory volume measurements; and 30 TAC §334.48(c),
by failing to conduct inventory control at a retail facility; PENALTY: $600;
ENFORCEMENT COORDINATOR: Judy Fox, (817) 588-5800; REGIONAL OFFICE: 2301 Gravel
Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(7) COMPANY: Duck Creek Water Supply Corporation; DOCKET NUMBER: 2001-0523-
PWS-E; IDENTIFIER: Public Water Supply (PWS) Number 2120011; LOCATION: Lindale,
Smith County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED:
30 TAC §290.45(b)(1)(D)(iii) and (iv), and THSC, §341.0315(c), by
failing to have a service pump capacity and have pressure maintenance facilities;
and 30 TAC §290.46(r) and THSC, §341.0315(c), by failing to provide
a minimum pressure of 35 pounds per square inch (psi) throughout the distribution
system; PENALTY: $3,500; ENFORCEMENT COORDINATOR: Carolyn Lind, (903) 535-5100;
REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.
(8) COMPANY: D. V., Inc. dba Dura Mar Bath Systems; DOCKET NUMBER: 2001-0124-
AIR-E; IDENTIFIER: Air Account Number ED-0147-A; LOCATION: Red Oak, Ellis
County, Texas; TYPE OF FACILITY: cultured marble products; RULE VIOLATED:
30 TAC §116.115(b) and (c), Permit Number 42581, and THSC, §382.085(b),
by failing to maintain daily usage records of gel coat and resin, monthly
usage records of release formula, and maintain records in a manner to demonstrate
compliance, maintain emission control equipment and copies of material data
sheets, and maintain material usage limit of acetone; PENALTY: $6,250; ENFORCEMENT
COORDINATOR: Wendy Cooper, (817) 588-5800; REGIONAL OFFICE: 2301 Gravel Drive,
Fort Worth, Texas 76118- 6951, (817) 588-5800.
(9) COMPANY: Duval County Conservation and Reclamation District; DOCKET
NUMBER: 2001-0679-PWS-E; IDENTIFIER: PWS Number 0660015; LOCATION: Concepcion,
Duval County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED:
30 TAC §290.109(c)(3), by failing to take the appropriate number of repeat
bacteriological samples; 30 TAC §290.122(c), by failing to provide public
notice of the failure to conduct repeat bacteriological sampling; 30 TAC §290.105(a)(2), §290.109(f)(3),
and THSC, §341.031(a), by exceeding the maximum contaminant level (MCL)
for total coliform bacteria; 30 TAC §290.103(5) and §290.122(b),
by failing to provide public notice of the MCL exceedance; and 30 TAC §§
220.21, 305.507, and 312.9, by failing to pay past due wastewater treatment
inspection, water quality assessment, and waste management sludge hauler fees;
PENALTY: $1,563; ENFORCEMENT COORDINATOR: Kent Heath, (512) 239-4575; REGIONAL
OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5503, (361)
825-3100.
(10) COMPANY: Asif Dawood dba EZ 4 U; DOCKET NUMBER: 2001-0476-PST-E; IDENTIFIER:
PST Facility Identification Number 0005429; LOCATION: Spring, Harris County,
Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline;
RULE VIOLATED: 30 TAC § 334.50(d)(4)(A)(i) and the Code, §26.3475(c)(1),
by failing to conduct inventory control; and 30 TAC §334.48(c), by failing
to conduct effective manual or automatic inventory control procedures for
all UST systems; PENALTY: $600; ENFORCEMENT COORDINATOR: Rebecca Johnson,
(713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas
77023-1486, (713) 767-3500.
(11) COMPANY: Inland Paperboard and Packaging, Inc.; DOCKET NUMBER: 2001-0723-
AIR-E; IDENTIFIER: Air Account Number OC-0019-C; LOCATION: Orange, Orange
County, Texas; TYPE OF FACILITY: linerboard manufacturing; RULE VIOLATED:
30 TAC §101.6(a)(2)(G), §101.6(b)(7), and THSC, §382.085(b),
by failing to report the actions taken or being taken to correct an upset
and minimize emissions; 30 TAC §101.20(3), §116.115(b)(2) and (c),
TNRCC Permit 9654A/EPA Permits PSD-TX-684/PSD/TX-833, and THSC, §382.085(b),
by failing to maintain an emission rate below the permit allowable emission
limit and maintain opacity within authorized limits; PENALTY: $6,080; ENFORCEMENT
COORDINATOR: Laura Clark, (409) 898-3838; REGIONAL OFFICE: 3870 Eastex Freeway,
Suite 110, Beaumont, Texas 77703-1892, (409) 898-3838.
(12) COMPANY: Iron Hill Water Corporation; DOCKET NUMBER: 2001-0761-PWS-E;
IDENTIFIER: PWS Number 0370022; LOCATION: Rusk, Cherokee County, Texas; TYPE
OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.45(b)(1)(C)
and THSC, §341.0315, by failing to meet the agency's minimum water system
capacity requirements; and 30 TAC §290.43(c)(8), by failing to maintain
the protective coating on both the inside and outside of the Hi-Level storage
tank; PENALTY: $250; ENFORCEMENT COORDINATOR: Elnora Moses, (903) 535-5100;
REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.
(13) COMPANY: Rusty Lindeman dba Jet Center Aviation; DOCKET NUMBER: 2000-1085-
IHW-E; IDENTIFIER: Solid Waste Registration (SWR) Number 81343; LOCATION:
Hondo, Medina County, Texas; TYPE OF FACILITY: aircraft paint stripping and
painting; RULE VIOLATED: 30 TAC §335.4(1) and the Code, §26.121,
by failing to collect and dispose of industrial solid waste; 30 TAC §335.9(a)(1)(G)
and (2)(A) - (C), by failing to keep records of the locations of hazardous
waste accumulation areas and provide correct and accurate annual waste summaries;
30 TAC §335.10(b)(22), by failing to use assigned waste codes; 30 TAC §335.62
and 40 CFR §262.11, by failing to perform a hazardous waste determination
of sanding materials; 30 TAC §335.69(a)(1)(A), (a)(2) - (4), (d)(2),
and (e), §335.112(a)(2), and 40 CFR §§262.34(a)(2-4), (c)(1)(ii)
and (2), 262.171, 262.173, 265.35, and 265.174, by failing to maintain six
containers of hazardous waste and keep closed two drums of hazardous waste
and write accumulation start dates, label the words "hazardous waste" on containers
of hazardous waste, and mark five drums of excess hazardous waste located
in the satellite accumulation areas, provide adequate aisle space for emergency
access in the container storage area, have a contingency plan and emergency
procedures, dispose of a drum of hazardous waste within the 90 day accumulation
time limit, and perform weekly inspections of the container storage area;
30 TAC §335.431(c) and 40 CFR §268.7(a)(7) and (8), by failing to
provide one-time notice regarding the generation and disposal of wastewater;
30 TAC §335.474 and §335.479, by failing to prepare a five year
source reduction and waste minimization plan; 30 TAC §335.513, by failing
to retain hazardous waste determination documentation for six waste streams;
and 30 TAC §335.6(c), by failing to notify the executive director of
the type and use for each unit comprising the wastewater treatment system;
PENALTY: $68,080; ENFORCEMENT COORDINATOR: Terry Murphy, (512) 239-5025; REGIONAL
OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.
(14) COMPANY: Kamping Pleasures, Inc. dba Lake Corpus Christi KOA Kampground;
DOCKET NUMBER: 2001-0611-PWS-E; IDENTIFIER: PWS Number 1490004; LOCATION:
Mathis, Live Oak County, Texas; TYPE OF FACILITY: public water supply; RULE
VIOLATED: 30 TAC §290.45(c)(1)(B)(i), (ii), (iii), and (iv), and THSC, §341.0315(c),
by failing to provide a well capacity of 0.6 gallons per minute (gpm) per
connection, provide a ground storage capacity of 35 gallons per connection,
provide a service pump capacity of one gpm per connection, and provide a pressure
tank capacity of 10 gallons per connection; PENALTY: $2,125; ENFORCEMENT COORDINATOR:
Audra Baumgartner, (361) 825-3100; REGIONAL OFFICE: 6300 Ocean Drive, Suite
1200, Corpus Christi, Texas 78412-5503, (361) 825-3100.
(15) COMPANY: City of Levelland; DOCKET NUMBER: 2001-0801-PST-E; IDENTIFIER:
PST Facility Identification Number 27950; LOCATION: Levelland, Hockley County,
Texas; TYPE OF FACILITY: municipal airport; RULE VIOLATED: 30 TAC §334.8(c)(4)(A)(vi)(I)
and (B), and (5)(A)(i), by failing to submit a UST registration and self-certification
and make available a valid, current TNRCC delivery certificate; and 30 TAC §37.815(a)
and (b), by failing to demonstrate financial assurance; PENALTY: $2,400; ENFORCEMENT
COORDINATOR: Gary Shipp, (806) 796- 7092; REGIONAL OFFICE: 4630 50th Street,
Suite 600, Lubbock, Texas 79414-3520, (806) 796-7092.
(16) COMPANY: Lufkin Industries, Incorporated; DOCKET NUMBER: 2001-0278-AIR-E;
IDENTIFIER: Air Account Number AC-0015-F; LOCATION: Lufkin, Angelina County,
Texas; TYPE OF FACILITY: gray and ductile iron foundry; RULE VIOLATED: 30
TAC §101.10(b)(2) and THSC, §382.085(b), by failing to report actual
emissions; 30 TAC §111.201 and THSC, §382.085(b), by failing to
prevent the unauthorized outdoor burning of electrical wire and batteries;
30 TAC §122.130(b)(1) and THSC, §382.085(b), by failing to submit
a Title V abbreviated initial permit application; 30 TAC §122.136(c)
and THSC, §382.085(b), by failing to update the Title V full permit application;
30 TAC §116.110(a), THSC, §382.085(b), and Standard Exemption 89,
by failing to meet the requirements of a standard exemption or a permit by
rule, and obtain a permit; the THSC, §382.085(b) and Standard Exemption
Two, by failing to meet the requirements of a standard exemption by failing
to post manufacturer's recommended operating instructions; 30 TAC §101.6(a)(1)(B)
and (b)(2)(G), and THSC, §382.085(b), by failing to notify the agency
within 24 hours of discovery of a reportable upset; 30 TAC §116.115(c),
Air Permit Number 8318, and THSC, §382.085(b), by failing to maintain
emissions below the permit limit for particulate matter; PENALTY: $54,000;
ENFORCEMENT COORDINATOR: Susan Kelly, (409) 898-3838; REGIONAL OFFICE: 3870
Eastex Freeway, Suite 100, Beaumont, Texas 77703-1892, (409) 898-3838.
(17) COMPANY: Johns Manville International Corporation; DOCKET NUMBER:
2001-0684- AIR-E; IDENTIFIER: Air Account Number JH-0025-0; LOCATION: Cleburne,
Johnson County, Texas; TYPE OF FACILITY: fiberglass insulation manufacturing;
RULE VIOLATED: 30 TAC §116.115(c), Permit Number 946A, and THSC, §382.085(b),
by allegedly exceeding the combined permit allowable emission level for formaldehyde
and particulate matter; PENALTY: $5,000; ENFORCEMENT COORDINATOR: Tel Croston,
(512) 239-5717; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951,
(817) 588-5800.
(18) COMPANY: Mobil Chemical Company, A Wholly Owned Subsidiary of Exxon
Mobil Corporation; DOCKET NUMBER: 2001-0585-MLM-E; IDENTIFIER: Air Account
Number JE-0062- S and Texas Pollutant Discharge Elimination System (TPDES)
Permit Number 0000462; LOCATION: Beaumont, Jefferson County, Texas; TYPE OF
FACILITY: petrochemical plant; RULE VIOLATED: 30 TAC §§101.20(1)
and (3), 111.111(a)(4)(A), 113.100, 116.115(b)(2)(G) and (c), Air Permit 7799/PSD-TX-860
and 18838/PSD-TX-843, THSC, §382.085(b), and 40 CFR §60.18(c)(1)
and §63.11(b)(4), by failing to maintain emission rates for volatile
organic compounds (VOCs), carbon monoxide (CO), and NOx; 30 TAC §101.6(a)(1)(B)
and (2)(F) and THSC, §382.085(b), by failing to notify the TNRCC no later
than 24 hours after discovery of an upset and estimate opacity; and 30 TAC §305.125(1)
and TPDES Permit Number 0000462, by failing to discharge wastewater in accordance
with the TPDES permit; PENALTY: $20,000; ENFORCEMENT COORDINATOR: John Barry,
(409) 898-3838; REGIONAL OFFICE: 3870 Eastex Freeway, Suite 100, Beaumont,
Texas 77703-1892, (409) 898-3838.
(19) COMPANY: Moss Bluff Hub Partners, L.P.; DOCKET NUMBER: 2001-0613-AIR-E;
IDENTIFIER: Air Account Number LH-0112-H; LOCATION: Liberty, Liberty County,
Texas; TYPE OF FACILITY: natural gas storage station; RULE VIOLATED: 30 TAC §122.145(2)(B)
and THSC, §382.085(b), by failing to submit a six-month deviation report;
and 30 TAC §122.146(2) and THSC, §382.085(b), by failing to submit
the annual compliance certification; PENALTY: $4,000; ENFORCEMENT COORDINATOR:
Kevin Keyser, (713) 767- 3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite H,
Houston, Texas 77023-1486, (713) 767-3500.
(20) COMPANY: National Instruments Corporation; DOCKET NUMBER: 2001-0576-EAQ-E;
IDENTIFIER: Edwards Aquifer Protection Plan Number 00111703; LOCATION: Austin,
Travis County, Texas; TYPE OF FACILITY: land-clearing and excavation; RULE
VIOLATED: 30 TAC §213.4(a), by failing to obtain approval of a modification
to Edwards Aquifer Protection Plan Number 00111703 before initiating regulated
activities; and 30 TAC §213.5(f)(2), by failing to obtain approval of
the methods to be used to protest sensitive geological features at the site;
PENALTY: $7,500; ENFORCEMENT COORDINATOR: Larry King, (512) 339-2929; REGIONAL
OFFICE: 1921 Cedar Bend Drive, Suite 150, Austin, Texas 78758-5336, (512)
339-2929.
(21) COMPANY: New Braunfels General Store International, Inc.; DOCKET NUMBER:
2001- 0796-AIR-E; IDENTIFIER: Air Account Number CS-0024-G and General Operating
Permit O-01764; LOCATION: New Braunfels, Comal County, Texas; TYPE OF FACILITY:
manufacture of water park equipment; RULE VIOLATED: 30 TAC §122.146(2),
General Operating Permit Number O- 01764, and THSC, §382.085(b), by failing
to submit annual Title V compliance certifications; 30 TAC §122.145(2),
General Operating Permit Number O-01764, and THSC, §382.085(b), by failing
to submit semi-annual deviation reports; 30 TAC §116.110(a)(4) and THSC, §382.085(b),
by failing to adhere to 30 TAC §106.433(7) and maintain monthly reports
that represent actual hours of operation each day and emissions from each
operation in pounds per hour; PENALTY: $10,100; ENFORCEMENT COORDINATOR: Rebecca
Clausewitz, (210) 490-3096; REGIONAL OFFICE: 14250 Judson Road, San Antonio,
Texas 78233-4480, (210) 490-3096.
(22) COMPANY: Nico-Tyme Water Co-Op, Inc.; DOCKET NUMBER: 2001-0642-PWS-E;
IDENTIFIER: PWS Number 0150486; LOCATION: Elmendorf, Bexar County, Texas;
TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.106(a), §290.109(c)(2),
and THSC, §341.033(d), by failing to collect and submit routine monthly
water samples from the facility for bacteriological analysis; PENALTY: $1,563;
ENFORCEMENT COORDINATOR: Subhash Jain, (512) 239-5867; REGIONAL OFFICE: 14250
Judson Road, San Antonio, Texas 78233- 4480, (210) 490-3096.
(23) COMPANY: Pecan Shadows Water Supply Corporation; DOCKET NUMBER: 2001-0490-
PWS-E; IDENTIFIER: Certificate of Convenience and Necessity (CCN) Number 11930;
LOCATION: Bay City, Matagorda County, Texas; TYPE OF FACILITY: public water
supply; RULE VIOLATED: 30 TAC §291.21(c)(7), §291.93(2)(A), and
the Code, §13.136(a), by failing to ensure that its tariff includes an
approved drought contingency plan; 30 TAC §288.30(3)(B) and the Code, §13.132(a)(1),
by failing to make its adopted drought contingency plan available for inspection;
and 30 TAC §291.76 and the Code, §5.235(n), by failing to pay regulatory
assessment fees; PENALTY: $150; ENFORCEMENT COORDINATOR: Sherry Smith, (512)
239- 0572; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486,
(713) 767-3500.
(24) COMPANY: Penske Truck Leasing Co., L. P. dba Texas Penske Truck Leasing
Co., L.P.; DOCKET NUMBER: 2001-0513-AIR-E; IDENTIFIER: Air Account Number
EE-1312-O; LOCATION: El Paso, El Paso County, Texas; TYPE OF FACILITY: underground
storage tank and gasoline dispensing pump station; RULE VIOLATED: 30 TAC §114.100(a)
and THSC, §382.085(b), by alleging having dispensed and utilized gasoline
for use as a motor vehicle fuel which failed to meet the minimum oxygen content
of 2.7% by weight; PENALTY: $800; ENFORCEMENT COORDINATOR: Suzanne Walrath,
(512) 239-2134; REGIONAL OFFICE: 401 East Franklin Avenue, Suite 560, El Paso,
Texas 79901-1206, (915) 834-4949.
(25) COMPANY: Reliant Energy Channelview (Texas), LLC; DOCKET NUMBER: 2001-0997-
AIR-E; IDENTIFIER: Air Account Number HX-2342-B; LOCATION: Channelview, Harris
County, Texas; TYPE OF FACILITY: cogeneration; RULE VIOLATED: 30 TAC §101.360(a)
and THSC, §382.085(b), by failing to submit their form ECT-3, Level of
Activity Certification; PENALTY: $1,500; ENFORCEMENT COORDINATOR: Carl Schnitz,
(512) 239-1892; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas
77023-1486, (713) 767-3500.
(26) COMPANY: Seacrest Company, L.L.C.; DOCKET NUMBER: 2001-0797-AIR-E;
IDENTIFIER: Air Account Number BL-0321-W; LOCATION: Freeport, Brazoria County,
Texas; TYPE OF FACILITY: natural gas processing; RULE VIOLATED: 30 TAC §122.146(2)
and THSC, §382.085(b), by failing to submit annual compliance certification;
and 30 TAC §122.145(2)(B) and THSC, §382.085(b), by failing to submit
deviation reports; PENALTY: $3,600; ENFORCEMENT COORDINATOR: Rebecca Johnson,
(713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas
77023-1486, (713) 767-3500.
(27) COMPANY: Seadrift Coke, L.P.; DOCKET NUMBER: 2001-0616-MLM-E; IDENTIFIER:
Air Account Number CB-0042-C and SWR Identification Number 33779; LOCATION:
Seadrift, Calhoun County, Texas; TYPE OF FACILITY: coke production; RULE VIOLATED:
30 TAC §335.69(d) and (f) and 40 CFR §262.34(c) and (d), by failing
to mark and label containers of hazardous waste located in satellite accumulation
areas; 30 TAC §335.6(c), by failing to update the notice of registration;
30 TAC §335.2(a), by failing to obtain a permit for the treatment of
listed hazardous solvent contaminated rags and for the storage of hazardous
waste in an on-site waste pile; 30 TAC §335.62, §335.504(1), and
40 CFR §262.11, by failing to make a hazardous waste determination for
the incinerator ash waste stream; 30 TAC §335.9(a)(1) and (2), by failing
to maintain records of the quantities of hazardous waste generated and submit
a complete and correct annual waste summary; 30 TAC §324.12 and 40 CFR §279.51,
by failing to register used oil processing activities; 30 TAC §101.6(a)(1)(b)
and THSC, §382.085(b), by failing to submit notification of upsets and
properly record an upset at the plan flare; PENALTY: $65,830; ENFORCEMENT
COORDINATOR: Gary McDonald, (361) 825-3100; REGIONAL OFFICE: 6300 Ocean Drive,
Suite 1200, Corpus Christi, Texas 78412-5503, (361) 825-3100.
(28) COMPANY: Shallowater Independent School District; DOCKET NUMBER: 2001-0886-
PST-E; IDENTIFIER: PST Facility Identification Number 49432; LOCATION: Shallowater,
Lubbock County, Texas; TYPE OF FACILITY: maintenance shop with fleet refueling;
RULE VIOLATED: 30 TAC §334.8(c)(5)(A)(i) and the Code, §26.3467(a),
by failing to make available a valid, current delivery certificate; PENALTY:
$800; ENFORCEMENT COORDINATOR: Gary Shipp, (806) 796-7092; REGIONAL OFFICE:
4630 50th Street, Suite 600, Lubbock, Texas 79414-3520, (806) 796-7092.
(29) COMPANY: City of Sinton; DOCKET NUMBER: 2000-1393-MWD-E; IDENTIFIER:
TPDES Permit Number 10055-001; LOCATION: Sinton, San Patricio County, Texas;
TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1),
TPDES Permit Number 10055-001, and the Code, §26.121, by failing to meet
permitted limits for dissolved oxygen and pH, timely submit discharge monitoring
reports (DMRs), and submit required non- compliance notifications; and 30
TAC §305.44, §305.128(3), and TPDES Permit Number 10055-001, by
failing to submit DMRs signed by the proper principal executive officer, a
ranking elected official, or duly authorized representative; PENALTY: $11,280;
ENFORCEMENT COORDINATOR: Sherry Smith, (512) 239-0572; REGIONAL OFFICE: 6300
Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5503, (361) 825-3100.
(30) COMPANY: S.T.H.P. Corporation dba Tarantula Crossing; DOCKET NUMBER:
2001- 0770-PST-E; IDENTIFIER: PST Facility Identification Number 0069211;
LOCATION: Grapevine, Tarrant County, Texas; TYPE OF FACILITY: convenience
store with retail sales of gasoline; RULE VIOLATED: 30 TAC §115.245(2)
and THSC, §382.085(b), by failing to conduct the annual pressure decay
test; PENALTY: $1,000; ENFORCEMENT COORDINATOR: Tom Jecha, (512) 239- 2576;
REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(31) COMPANY: Rick Stone (Individually) and Stone Recycling, Inc.; DOCKET
NUMBER: 2001-0753-MSW-E; IDENTIFIER: Used Oil Handler Registration Number
A85571; LOCATION: Crowley, Tarrant County, Texas; TYPE OF FACILITY: used oil
transport, treatment, and storage; RULE VIOLATED: 30 TAC §324.22 and §37.2011,
by failing to provide an original financial assurance mechanism; PENALTY:
$200; ENFORCEMENT COORDINATOR: Erika Fair, (512) 239-6673; REGIONAL OFFICE:
2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(32) COMPANY: Tecon Water Companies, Inc. dba Southwest Water Services,
Inc. dba Beachwood Estates Water System, Carolynn Estates Water System and
Oak Trails Shores Water System; Tecon Water Companies, Inc. dba Resort Water
Services, Inc., dba Arrowhead Shores Water System and Comanche Cove/Heritage
Heights Water System; Tecon Water Companies, Inc. dba Texas Water Services,
Inc. dba 377 Sunset Strip Water System, Acton/Royal Oaks Water System, Hideaway
Bay Estates Water System, Montego Bay Estates Water System and Rancho Brazos
Water System; DOCKET NUMBER: 2000-1217-PWS-E; IDENTIFIER: PWS Numbers 1070069,
1070106, 1110025, 1110004, 1110060, 1110003, 1110055, 1110002, 1110044, and
1110036; CCN Numbers 10764, 11512, 11517, 11943, 12512, and 12530; LOCATION:
Trinidad, Caney City, Granbury, Acton; Henderson and Hood, Counties, Texas;
TYPE OF FACILITY: public water supply; RULE VIOLATED: THSC, §341.0315(c),
by failing to provide a transfer and raw water pump capacity of 0.39 gpm per
connection; 30 TAC §290.42(a), (d)(5), (11)(B)(iv) and (D)(ii), (F)(i),
and (15)(E), (formerly 30 TAC §290.42(d)(10)(C) and (D)(i)), and THSC, §341.0315(c),
by failing to provide a treated water production capacity greater than the
anticipated maximum daily demand, provide flow measuring devices to measure
the raw water supplied to the plant, ensure that the design capacity of filtration
facilities are based on a maximum filtration rate of two gallons per square
foot per minute, equip each declining rate filter with a rate-of-flow limiting
device or an adjustable flow control valve, provide adequate backwash facilities,
and equip the surface water treatment plant with a means to monitor the depth
of the sludge blanket; THSC, §341.0315(c), by failing to provide the
required service pump capacity of 1.3 gpm per connection; 30 TAC §290.43(c)(1)
and (4), and (d)(3), by failing to provide the ground storage tank vents with
screens fabricated of 16-mesh or finer corrosion-resistant material, provide
the water storage tank with a liquid level indicator, and provide a device
to readily determine air-water-volume on the pressure tank; 30 TAC §290.46(d)(2),
(e)(1)(C) and (2), (f)(4), (g), (m)(4), (n)(2), (q)(1), (r), and (s)(2)(B)(ii),
(formerly 30 TAC §290.46(u)), and THSC, §341.033(a), by failing
to operate the disinfection equipment so as to maintain a free chlorine residual
of 0.2 milligram per liter (mg/L), employ at least two Class "C" certified
operators, have at least a Class "C" surface water operator, submit monthly
or quarterly reports, ensure that the maintenance and housekeeping practices
provide reliability and improve the general appearance and ensure that all
water storage facilities, submit a water sample from a repaired line for bacteriological
analysis, distribution system lines and related appurtenances are maintained
in a watertight condition, provide an up-to-date map of the distribution system,
provide a minimum pressure of 35 psi throughout the distribution system, calibrate
the turbidimeters, issue a boil water notification, and failure to properly
calibrate laboratory equipment and the benchtop turbidimeters; 30 TAC §290.118(a),
(formerly 30 TAC §290.113(1)), and THSC, §341.031(a), by failing
to obtain written approval prior to providing public drinking water that exceeds
the secondary constituent level for aluminium; 30 TAC §290.45(b)(1)(B)(i),
(C)(i) and (iii), (2)(A), (F) and (G), and THSC, §341.0315(c), by failing
to provide a minimum well capacity of 0.6 gpm per connection, provide a minimum
well capacity of 0.6 gpm per connection, a service pump capacity of two gpm
per connection, a raw water pump capacity which meets the maximum daily demand,
provide a required service pump capacity of two gpm per connection, and provide
a pressure tank capacity of 20 gallons per connection; 30 TAC §290.110(b)(4)
and (c)(2)(A), §290.46(d)(2), (formerly 30 TAC §290.119(2)), by
failing to maintain a residual disinfectant concentration of at least 0.2
mg/L, properly monitor the disinfectant residual; 30 TAC §290.44(a)(4),
(c), and (h)(1), and THSC, §341.0315(c) and §341.033(f), by failing
to install water lines at least 24 inches beneath the ground surface, install
the proper size water lines, and provide an air gap or backflow prevention
assembly; 30 TAC §290.119(1), by failing to monitor the combined filter
effluent; 30 TAC §290.111(b)(1)(A)(i) and (ii), and THSC, §341.031(a),
by failing to maintain a turbidity level of 0.5 Nephelometric turbidity unit
or less; and 30 TAC §290.41(c)(1)(f), by failing to secure a sanitary
control easement around the well site; PENALTY: $52,426; ENFORCEMENT; COORDINATOR:
Brian Lehmkuhle, (512) 239-4482; REGIONAL OFFICE: 2301 Gravel Drive, Fort
Worth, Texas 76118-6951, (817) 588-5800; and 2916 Teague Drive, Tyler, Texas
75701-3756, (903) 535-5100.
(33) COMPANY: Texas Department of Transportation; DOCKET NUMBER: 2001-0603-PWS-
E; IDENTIFIER: PWS Number 0700078; LOCATION: Waxahachie, Ellis County, Texas;
TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.106(a), §290.109(c),
and THSC, §341.033(d), by failing to collect and submit routine monthly
water samples for bacteriological analysis; 30 TAC §§290.103(5),
290.106(e)(2), 290.109(g)(4), and 290.122(c), by failing to provide public
notice of the failure to conduct routine monthly bacteriological sampling;
and 30 TAC §290.51(a)(3), by failing to pay public health service fees;
PENALTY: $1,400; ENFORCEMENT COORDINATOR: Elvia Maske, (512) 239-0789; REGIONAL
OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(34) COMPANY: Texas Lime Company; DOCKET NUMBER: 2001-0703-AIR-E; IDENTIFIER:
Air Account Number JH-0045-I; LOCATION: Cleburne, Johnson County, Texas; TYPE
OF FACILITY: lime manufacturing; RULE VIOLATED: 30 TAC §116.115(c), §101.20(1),
Permit Number 20519, 40 CFR §60.8 and §60.675(b)(2), and THSC, §382.085(b),
by failing to conduct a Method 9 opacity test and submit the results; PENALTY:
$1,250; ENFORCEMENT COORDINATOR: Miriam Hall, (512) 239-1044; REGIONAL OFFICE:
2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(35) COMPANY: Union Carbide Corporation; DOCKET NUMBER: 2001-0844-AIR-E;
IDENTIFIER: Air Account Number GB-0076-J; LOCATION: Texas City, Galveston
County, Texas; TYPE OF FACILITY: chemical manufacturing; RULE VIOLATED: 30
TAC §101.20(1), 40 CFR §60.8 and 60.664(d) and (e), and THSC, §382.085(b),
by allegedly using process calculations as an alternative method for determining
the total resource efficiency; 30 TAC §335.323, by failing to pay outstanding
fiscal year 2001 hazardous waste generation fees; and THSC, §370.008,
by failing to pay outstanding reporting year 2001 toxic chemical release reporting
fees; PENALTY: $760; ENFORCEMENT COORDINATOR: Rebecca Johnson, (713) 767-
3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486,
(713) 767-3500.
TRD-200106647
Paul Sarahan
Director, Litigation Division
Texas Natural Resource Conservation Commission
Filed: October 30, 2001
The Texas Natural Resource Conservation Commission (TNRCC or commission)
staff is providing an opportunity for written public comment on the listed
Agreed Orders (AOs) pursuant to 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
December 10, 2001
. 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 the consent is inappropriate,
improper, inadequate, or inconsistent with the requirements of the statutes
and rules within the TNRCC's orders and permits issued pursuant to the TNRCC'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 of the proposed AOs is available for public inspection at
both the TNRCC'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. Comments about the AOs should be sent to the attorney
designated for the AO at the TNRCC's Central Office at P.O. Box 13087, MC
175, Austin, Texas 78711-3087 and must be
received
by 5:00 p.m. on December 10, 2001
. Comments may also be sent by facsimile
machine to the attorney at (512) 239-3434. The TNRCC attorneys 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 should be submitted
to the TNRCC in
writing
.
(1) COMPANY: C. C. Southern, Incorporated; DOCKET NUMBER: 2000-0103-PST-E;
TNRCC ID NUMBER: 0019996; LOCATION: 7179 Industrial Drive, El Paso, El Paso
County, Texas; TYPE OF FACILITY: trucking terminal; RULES VIOLATED: 30 TAC §334.50(a)(1)(A),
by failing to provide release detection for its underground storage tank (UST)
system, which contains regulated substances; 30 TAC §334.104(c), by failing
to submit evidence of financial assurance upon request; 30 TAC §334.22(a),
by failing to pay its UST fees; PENALTY: $20,250; STAFF ATTORNEY: Elisa Roberts,
Litigation Division, MC R-4, (817) 588-5877; REGIONAL OFFICE: El Paso Regional
Office, 401 E. Franklin Ave., Ste. 560, El Paso, Texas 79901-1206, (915) 834-4949.
(2) COMPANY: Fred Palacios dba Fred's Gas Depot; DOCKET NUMBER: 1999-0895-PST-E;
TNRCC ID NUMBER: 33816; LOCATION: 2527 South Highway 281, Edinburg, Hidalgo
County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline;
RULES VIOLATED: 30 TAC §334.50(b)(1)(A), and TWC, §26.3475, by failing
to have an acceptable method of release detection for the UST system; 30 TAC §334.50(b)(2),
and TWC, §26.3475, by failing to perform tightness test for suction piping;
30 TAC §334.93(a) and (b), by failing to demonstrate financial responsibility
for taking corrective action and for compensating third parties for bodily
injury and property damage caused by accidental release arising from the operation
of the petroleum USTs; 30 TAC §334.49(a), and TWC, §26.3475, by
failing to have corrosion protection for the UST system; PENALTY: $9,000;
STAFF ATTORNEY: Rebecca Petty, Litigation Division, MC 175, (512) 239-3693;
REGIONAL OFFICE: Harlingen Regional Office, 1804 West Jefferson Ave., Harlingen,
Texas 78550-5247, (956) 425-6010.
(3) COMPANY: Harris County Municipal Utility District Number 150; DOCKET
NUMBER: 2001-0295- MWD-E; TNRCC ID NUMBER: 11863-001; LOCATION: 11621 C. Walter
Road, approximately three miles west of intersection of Interstate Highway
45 and Greens Bayou Crossing, Harris County, Texas; TYPE OF FACILITY: wastewater
treatment facility; RULES VIOLATED: 30 TAC §305.125(1); TWC, §26.121,
Texas Pollutant Discharge Elimination System Permit Number 11863-001, Effluent
Limitations and Monitoring Requirement 1, by failing to comply with permitted
limits for Total Suspended Solids, ammonia nitrogen, and five-day Carbonaceous
biochemical Oxygen Demand; PENALTY: $2,500; STAFF ATTORNEY: Rebecca Petty,
Litigation Division, MC 175, (512) 239-3693; REGIONAL OFFICE: Houston Regional
Office, 5425 Polk Ave., Ste. H, Houston, Texas 77023-1486, (713) 767-3500.
(4) COMPANY: Hector Flores dba Flores and Son Backhoe and Trenching; DOCKET
NUMBER: 2000- 1438-OSI-E; TNRCC ID NUMBER: none; LOCATION: south side of U.S.
Highway 70, one-mile east of Muleshoe, Bailey County, Texas; TYPE OF FACILITY:
on-site sewage facility (OSSF); RULES VIOLATED: 30 TAC §285.50(b) and
(c), and Texas Health and Safety Code (THSC), §366.004 and §366.071,
by failing to obtain the required certification prior to the installation
of an OSSF; THSC, §366.004 and §366.051(c), by beginning the installation
of an OSSF without the property owner providing proof of a permit and approved
plan from the TNRCC; PENALTY: $875; STAFF ATTORNEY: John Sumner, Litigation
Division, MC R-7, (915) 620-6118; REGIONAL OFFICE: Lubbock Regional Office,
4630 50th St., Ste. 600, Lubbock, Texas 79414-3520, (806) 796-7092.
(5) COMPANY: Republic Waste Services of Texas, LLC dba Brazoria County
Recycling Center; DOCKET NUMBER: 2000-0481-MSW-E; TNRCC ID NUMBER: 1539; LOCATION:
10310 Farm-to-Market Road 523, Angleton, Brazoria County, Texas; TYPE OF FACILITY:
Type I landfill; RULES VIOLATED: 30 TAC §330.113(b)(2), by failing to
promptly maintain inspection records, training procedures, and regulated material
notification procedures; 30 TAC §330.113(d)(2), by failing to maintain
two protective well collars in operating order, locked and labeled; PENALTY:
$5,625; STAFF ATTORNEY: James Biggins, Litigation Division, MC R-13, (210)
403-4017; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Ave., Ste. H,
Houston, Texas 77023-1486, (713) 767-3500.
(6) COMPANY: Ronnie Bailey dba Bailey's Brokerage; DOCKET NUMBER: 2000-1303-MLM-E;
TNRCC ID NUMBERS: F0637 and MA0054K; LOCATION: Farm-to-Market Road 2028, Brady,
McCulloch County, Texas; TYPE OF FACILITY: scrap metal brokerage; RULES VIOLATED:
30 TAC §335.2(a), and 40 Code of Federal Regulations (CFR), §270.1,
by allowing the disposal of hazardous waste containing lead and cadmium on-site
without a permit; 30 TAC §335.4, by allowing the release, dilution, and
disposal of hazardous wastes and hazardous waste ash generated from a metal
grading process and burning copper wire; 30 TAC §335.6(c), and 40 CFR, §270.1,
by failing to notify the TNRCC of hazardous waste generating activities; 30
TAC §335.9(a)(1), and 40 CFR, §270.1, by failing to keep records
of hazardous waste generating activities; 30 TAC §335.62, and 40 CFR, §262.11,
by failing to perform hazardous waste determinations on ash; 30 TAC §335.63,
and 40 CFR, §262.12, by failing to obtain an Environmental Protection
Agency ID Number prior to storage and disposal of hazardous waste; 30 TAC §335.69(f)(5)(c),
and 40 CFR, §262.34(d)(5)(iii), by failing to provide proper hazardous
waste handling procedures; 30 TAC §335.431, and 40 CFR, §§268.3(a),
268.7(a), and 268.40(a), by failing to determine whether the hazardous waste
had to be treated prior to land application; 30 TAC §111.201, and THSC, §382.085(b),
by allowing unauthorized burning of wire for metal recovery; PENALTY: $12,000;
STAFF ATTORNEY: James Biggins, Litigation Division, MC R-13, (210) 403-4017;
REGIONAL OFFICE: San Angelo Regional Office, 622 S. Oakes, Ste. K, San Angelo,
Texas 76903-7013, (915) 655-9479.
TRD-200106710
Paul C. Sarahan
Director, Litigation Division
Texas Natural Resource Conservation Commission
Filed: October 31, 2001
Notices mailed during the period October 10, 2001 through October 26, 2001.
APPLICATION NO. 18-3834B; Canyon Regional Water Authority (CRWA) has applied
for an amendment to their Certificate of Adjudication No 18-3834, as amended,
to divert an additional 5,600 acre-feet of water per annum from the perimeter
of Lake Dunlap on the Guadalupe River, Guadalupe River Basin in Guadalupe
County for municipal use and change the place of use to CRWA's service area
within the Guadalupe River Basin. Canyon Regional Water Authority, 850 Lakeside
Pass, New Braunfels, Texas 78130, applicant, seeks to amend Certificate of
Adjudication No. 18-3834, as amended, pursuant to Texas Water Code §11.122
and Texas Natural Resource Conservation Commission Rules 30 TAC §§295.1,
et seq. Applicant owns Certificate of Adjudication No. 18-3834, as amended,
which authorizes owner to divert and use not to exceed 18.52 acre-feet of
water per annum for municipal use from the perimeter of Lake Dunlap, on the
Guadalupe River in the Guadalupe River Basin with a maximum diversion rate
of .23 cfs (103 gpm). Applicant is also authorized to divert and use 71.48
acre-feet of water per annum from the perimeter of Lake Dunlap to irrigate
45.11 acres in the J. S. Johnson Survey, Abstract 190, Guadalupe County at
a maximum diversion rate of .88 cfs (397 gpm). The time priority is April
19, 1912. Applicant seeks to amend Certificate of Adjudication No. 18-3834,
as amended, to divert an additional 5,600 acre-feet of water per annum from
the perimeter of Lake Dunlap for municipal purposes, increase the maximum
diversion rate to 93 cfs ( 41,738.4 gpm) and change the place of use to CRWA's
service area within the Guadalupe River Basin. Applicant has indicated that
the additional 5,600 acre-feet of water per annum will only be diverted when
the stream flow of the Guadalupe River above the Comal River at New Braunfels,
USGS gaging station No. 07168500 and the Comal River at New Braunfels USGS
gaging station No. 0816900 have a combined total of 300 cfs. Applicant also
indicated that for stream flows between 300 to 593 cfs the maximum instantaneous
diversion rate will be 31 cfs (13,912.8 gpm), for stream flows between 596
to 1,300 cfs the maximum instantaneous diversion rate will be 62 cfs (27,825.6
gpm), and for stream flows in excess of 1,300 cfs, the maximum instantaneous
diversion rate will be 93 cfs (41,738.4 gpm). The application was received
on June 22, 2000. Additional information was received on July 5, 2000, October
25, 2000, February 27, 2001, and June 27, 2001. The application was determined
to be administratively complete on July 5, 2001. Written public comments and
requests for a public meeting should be submitted to the Office of the Chief
Clerk, at the address provided in the information section below, within 30
days of the date of newspaper publication of the notice. The TNRCC may grant
a contested case hearing on this application if a written hearing request
is filed within 30 days from the date of newspaper publication of this notice.
The Executive Director may approve the application unless a written request
for a contested case hearing is filed.
APPLICATION NO. 5744; Somervell County Water District has applied for a
Water Use Permit to store water in two reservoirs to be constructed on Wheeler
Branch, tributary of the Paluxy River and on the Paluxy River, tributary of
the Brazos River, Brazos River Basin in Somervell County, and to divert 5,000
acre-feet of water per year from the reservoir on the Paluxy River for storage
in the reservoir on Wheeler Branch, of which 2,000 acre-feet per year will
be diverted for municipal use. Somervell County Water District, P.O. Box 1386,
Glen Rose, Texas, 76043, applicant, seeks a permit pursuant to Texas Water
Code §11.121 and §11.042 and Texas Natural Resource Conservation
Commission Rules 30 TAC §§ 295.1, et seq. Somervell County Water
District, applicant, seeks authorization to construct two on-channel dams
and reservoirs. Reservoir No. 1, an on-channel dam and reservoir on the Paluxy
River, tributary of the Brazos River, Brazos River Basin will impound not
to exceed 35.2 acre-feet of water with a surface area of approximately 9 acres.
Station 10+00 on the center-point of the channel dam will be located in the
City of Glen Rose at Latitude N 32.2389 degrees N, Longitude 97.7467 degrees
W, also bearing N 38.92 degrees E, 4,810 feet from the southwest corner of
the Milam County School Land Survey, Abstract No. A-136, in Somervell County,
Texas. Reservoir No. 2 will be on Wheeler Branch, tributary of the Paluxy
River and impound not to exceed 4,118 acre-feet of water with a surface area
of approximately 169 acres. Station 0+00 on the center line of the Wheeler
Branch dam will be located approximately 2 miles north-northwest of the City
of Glen Rose at Latitude N 32.2553 degrees N, Longitude 97.7697 degrees W,
also bearing S 86.4333 degrees E, 6,066 feet from the northwest corner of
the Milam County School Land Survey, Abstract No. A-135, in Somervell County,
Texas. Applicant also seeks authorization to divert not to exceed 5,000 acre-feet
of water per annum at the maximum rate of 50 cfs (22,500 gpm) from the perimeter
of the Reservoir No. 1 on the Paluxy River and pipe this water to Reservoir
No. 2 on Wheeler Branch for storage. From the 5000 acre-feet of water per
annum diverted to Reservoir No. 2 and the impoundment of flows from the Wheeler
Branch watershed, applicant seeks authorization to divert and use not to exceed
2,000 acre-feet of water per annum from the perimeter of the reservoir at
a maximum rate of 11 cfs (4, 937 gpm) for municipal, industrial and irrigation
purposes within the Brazos River Basin. Applicant seeks to use the impounded
water in both reservoirs for recreation purposes. Applicant also seeks authorization
to use all return flows generated from the use of the water authorized by
the requested permit for municipal, industrial and irrigation purposes within
the service area of Somervell County Water District. Somervell County Water
District submitted Water Use Permit Application No. 5744 on April 6, 2001.
Additional information was received on June 4, 2001, and the application was
declared administratively complete on June 27, 2001. Written public comments
and requests for a public meeting should be submitted to the Office of Chief
Clerk, at the address provided in the information section below, within 30
days of the date of newspaper publication of the notice. The TNRCC may grant
a contested case hearing on this application if a written hearing request
is filed within 30 days from the date of newspaper publication of this notice.
The Executive Director may approve the application unless a written request
for a contested case hearing is filed.
Information Section
A public meeting is intended for the taking of public comment, and is not
a contested case hearing. A public meeting will be held if the Executive Director
determines that there is a significant degree of public interest in an application.
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 TNRCC 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
TNRCC 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, TNRCC, 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 TNRCC can be found at our web site at www.tnrcc.state.tx.us.
TRD-200106674
LaDonna Castañuela
Chief Clerk
Texas Natural Resource Conservation Commission
Filed: October 30, 2001
The Texas Natural Resource Conservation Commission (TNRCC) announces the
availability of the draft 2002 Clean Water Act (CWA) §305(b) Water Quality
Inventory. The §305(b) Inventory is an overview of the status of surface
waters in the state, including concerns for public health, fitness for use
by aquatic species and other wildlife, and specific pollutants and their possible
sources. In addition, a draft summary is provided of water bodies that do
not support beneficial uses or water quality criteria and those water bodies
that demonstrate some cause for concern. The 305(b) Inventory is used by the
TNRCC for management decisions including monitoring, planning, implementing,
and funding best management practices to control pollution sources, and to
develop a draft list of impaired waters for selecting water bodies for which
total maximum daily load analyses will be initiated.
Local residents, interest groups, or other organizations may have knowledge
of specific problems, programs, or conditions unknown to TNRCC staff that
should be considered in the inventory. Useful information may include additional
threats to water quality and water resources or additional data that depicts
the quality of the water body. Anyone interested in submitting data or information
should access the TNRCC website at
http://www.tnrcc.state.tx.us/water/quality/
for detailed guidance on how to submit data to the TNRCC.
Additional information may result in a change in the use attainment status
of a water body and removal from the summaries of waters not meeting the water
quality standards or waters of concern, addition of the water body to one
of these summaries, or a change in priority for management actions such as
monitoring or implementation of best management practices.
Beginning October 15, 2001, and continuing through January 15, 2002, the
draft §305(b) Inventory will be published as it is completed, with periodic
updates. Review and comment on individual water bodies and the summaries are
encouraged in the period before January 15, 2002 and comment and additional
information will be considered as it is received. A formal 30-day public comment
period will begin on January 15, 2002 and end on February 15, 2002.
After the 30-day public comment period, the TNRCC will evaluate all additional
data or information received. If any additional data or information submitted
influences the draft inventory in one of the ways previously listed, this
will be reflected in the draft 2002 CWA §303(d) List of Impaired Waters
and the final §305(b) Inventory. The draft 2002 CWA §303(d) List
of Impaired Waters will be available for a 30-day public comment period in
April, 2002, and the final §305(b) Inventory will be sent to the United
States Environmental Protection Agency for approval on April 1, 2002.
Comments on the draft 2002 CWA §305(b) Inventory must be sent to Patrick
Roques, MC- 165, Texas Natural Resource Conservation Commission, Monitoring
Operations Division, P.O. Box 13087, Austin, Texas 78711-3087. For overnight
mail packages, send to Patrick Roques, Texas Natural Resource Conservation
Commission, Monitoring Operations Division, 12100 Park 35 Circle, Bldg. F,
Austin, Texas 78753. Comments may also be faxed to 512-239-4420, or emailed
to
proques@tnrcc.state.tx.us
. Comments must
be received by 5:00 p.m. on February 15, 2002. Information must be submitted
in writing and cannot be accepted by phone. TNRCC's responses to all comments
will be summarized and published in April, 2002.
A map-based display of the draft 2002 CWA §305(b) Water Quality Inventory,
and the draft summaries of water bodies not meeting the water quality standards,
and water bodies of concern are available on the TNRCC's website located at
TRD-200106665
Stephanie Bergeron
Director, Environmental Law Division
Texas Natural Resource Conservation Commission
Filed: October 30, 2001
Notice of Availability and Request for Comments - Proposed Natural Damages Consent Decree
AGENCIES: Texas Parks and Wildlife Department (TPWD), Texas Natural Resource
Conservation Commission (TNRCC), Texas General Land Office (GLO); National
Oceanic and Atmospheric Administration (NOAA) and the United States Fish and
Wildlife Service (USFWS) of the U.S. Department of the Interior (DOI) (hereafter,
Natural Resource Trustees).
ACTION: Notice of availability of a proposed natural resource damages settlement
and a 30- day period for public comment on the Consent Decree addressing Natural
Resource Damages beginning the date of publication of this notice.
SUMMARY: Notice is hereby given that on September 17, 2001, a proposed
Consent Decree was lodged in United States and State of Texas v. Equilon Pipeline
Company, Texaco Pipeline, Inc. and Colonial Pipeline Company, Civil Action
Number H-01-3171, with the United States District Court for the Southern District
of Texas. This Consent Decree provides the terms of a settlement of claims
of the United States and the State of Texas against Equilon Pipeline Company
(Equilon), Texaco Pipeline, Inc. (Texaco) and Colonial Pipeline Company (Colonial)
for natural resource damages in connection with the October 20, 1994 rupture
of Colonial and Texaco pipelines and the discharge of oil products in the
vicinity of the San Jacinto River. The settlement document entitled "Consent
Decree Addressing Natural Resource Damages" is made available for public review
and comment for a period of 30 days.
The proposed settlement provides for the purchase and preservation of a
specific 101.9 acre tract of land adjacent to the Sheldon Lake State Park
comprised of mixed forest habitat, payment of a $30,000 endowment for the
management of the mixed forest habitat preservation and the payment of $245,000
to be used for the construction of a minimum of 8.2 acres of estuarine wetlands
and 0.9 acres of freshwater wetlands. Also outlined in the Consent Decree
are provisions for implementation or enforcement of the settlement, such as
implementation timelines, stipulated penalties, and procedures for dispute
resolution.
The opportunity for public review and comment on the proposed Restoration
Plan announced in this notice is required under the Oil Pollution Act 33 U.S.C.
2706(c)(5), and parallels provisions of 15 CFR 990.14 (d) and 990.55 of the
federal Natural Resource Damage Assessment regulations.
DATES: Comments must be submitted in writing within 30 days of the date
of this publication to Don Pitts of the Texas Parks and Wildlife Department,
Resource Protection Division, 4200 Smith School Road, Austin, Texas 78744,
(512) 912-7156. All written comments will be considered by the Natural Resource
Trustees in finalizing the proposed settlement.
SUPPLEMENTARY INFORMATION: On October 20, 1994, three pipelines ruptured
and began to discharge petroleum products directly into the San Jacinto River
in an area near the Rio Villa Subdivision, Wallisville Road, Houston in eastern
Harris County, Texas. Colonial Pipeline Company owned and operated two of
these pipelines, a 36-inch line carrying diesel fuel and a 40-inch pipeline
transporting gasoline, which discharged for six days. The remaining pipeline,
a 20-inch crude oil line owned and operated by Texaco Pipeline Inc., discharged
for three days. Final Colonial Pipeline Company estimate of the quantity of
discharged diesel and gasoline totaled 34,527 barrels (1,450,134 gallons).
Final Texaco Pipeline Inc. estimate of the quantity of discharged crude oil
was 5,350 barrels (224,700 gallons).
At the time of the unauthorized discharges, the San Jacinto River was receding
from the October 19, 1994 high flood stage that spread out over the entire
flood plain between Lake Houston and Galveston Bay. The water currents carried
the petroleum products across the San Jacinto River flood plain and downstream
to the Galveston Bay estuary.
Petroleum products were ignited as they flowed downstream and the fire
traveled back upstream toward the sources of the unauthorized discharges.
In the following days these fires continuously burned at the ends of the broken
gasoline pipeline, the diesel oil pipeline, and one end of the crude oil pipeline.
In addition, ignited petroleum products flowed downstream and burned riparian
vegetation on mid-channel islands and adjacent shoreline riparian forests
and wetlands, as well as numerous homes and other structures. The fires did
not consume all of the discharged petroleum products. Significant quantities
flowed downstream in the San Jacinto River to the upper portions of Galveston
Bay.
As a result of the unauthorized discharge of diesel fuel, gasoline and
crude oil and the resultant fires, numerous natural resources were affected.
The discharged petroleum products and fires impacted terrestrial, freshwater
and estuarine plants, sediments, wildlife, and invertebrates as well as freshwater
and estuarine fishes. Water quality within the lower reaches of the San Jacinto
River and upper Galveston Bay was impacted by the dispersion of the discharged
materials into the water column.
The Natural Resource Trustees have the authority under OPA (33 U.S.C. Section
2701 et seq.) to assess the natural resource injuries resulting from this
incident. The TPWD, TNRCC, TGLO, NOAA and USFWS are trustees of the natural
resources injured by the discharges from the Colonial Pipeline Company and
Texaco Pipeline Inc. pipelines crossing the San Jacinto River, Harris County,
Texas pursuant to OPA, 33 U.S.C. Section 2706 (b).
The Natural Resource Trustees have determined that natural resources subject
to their trust authority under this act were exposed to gasoline, diesel and
crude oil as a result of the unauthorized discharge. The quantity and concentration
of the materials discharged and resultant fires was sufficient to result in
injury to trust resources and information available to the Natural Resource
Trustees indicates that trust resources were affected. Consequently the Natural
Resource Trustees are seeking compensation for natural resource damages as
identified in the proposed Consent Decree.
TRD-200106630
Gene McCarty
Chief of Staff
Texas Parks and Wildlife Department
Filed: October 29, 2001
Notice of Application for Amendment to Service Provider Certificate of Operating Authority
On October 24, 2001, Excel Telecommunications, Inc. filed an application
with the Public Utility Commission of Texas (commission) to amend its service
provider certificate of operating authority (SPCOA) granted in SPCOA Certificate
Number 60228. Applicant intends to reflect a change in ownership/control to
VarTec Telecom, Inc.
The Application: Application of Excel Telecommunications, Inc. for an Amendment
to its Service Provider Certificate of Operating Authority, Docket Number
24898.
Persons with questions about this docket, or who wish to intervene or otherwise
participate in these proceedings should make appropriate filings or comments
to the Public Utility Commission of Texas, P.O. Box 13326, Austin, Texas 78711-3326
no later than November 14, 2001. You may contact the commission's Customer
Protection Division at (512) 936-7120. Hearing and speech-impaired individuals
with text telephone (TTY) may contact the commission at (512) 936-7136. All
correspondence should refer to Docket Number 24898.
TRD-200106544
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: October 26, 2001
Notice is given to the public of the filing with the Public Utility Commission
of Texas (commission) of an application on October 25, 2001, for a service
provider certificate of operating authority (SPCOA), pursuant to §§54.151
- 54.156 of the Public Utility Regulatory Act (PURA). A summary of the application
follows.
Docket Title and Number: Application of Tellaire Corporation for a Service
Provider Certificate of Operating Authority, Docket Number 24905 before the
Public Utility Commission of Texas.
Applicant intends to provide facilities-based, data, and resale telecommunications
services.
Applicant's requested SPCOA geographic area includes the entire state of
Texas.
Persons who wish to comment upon the action sought should contact the Public
Utility Commission of Texas, P.O. Box 13326, Austin, Texas 78711-3326, or
call the commission's Customer Protection Division at (512) 936-7120 no later
than November 14, 2001. Hearing and speech-impaired individuals with text
telephone (TTY) may contact the commission at (512) 936-7136.
TRD-200106545
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: October 26, 2001
Notice is given to the public of the filing with the Public Utility Commission
of Texas (commission) of an application on October 15, 2001, for waiver of
denial by the North American Numbering Plan Administrator (NANPA) of applicant's
request for NXX codes.
Docket Title and Number: Application of AT&T Communications of Texas,
L.P. and Teleport Communications Group-Houston for Waiver of Denial by NANPA
of NXX Code Request. Docket Number 24837.
The Application: On October 15, 2001, AT&T Communications of Texas,
L.P. and Teleport Communications Group-Houston (collectively AT&T or the
Applicant), filed with the commission a request that the commission find good
cause to waive the NANPA's denial of AT&T's request for NXX codes. A customer
in the Houston Rate Center requested AT&T to supply "a bank of 10,000
continuous Direct Inword Dial (DID)" numbers for its use. To satisfy this
request, AT&T asserted that a complete unused full NXX, or 10,000 telephone
numbers, from NANPA would be needed. The NANPA denied AT&T's request based
on practices designed to prohibit acquisition of unneeded numbering resources.
AT&T seeks an exception to the application of NXX assignment guidelines.
AT&T asks that the commission overturn or waive the NANPA's denial of
AT&T's NXX assignment request.
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 call the commission's Customer Protection Division at (512) 936-7120 or
toll free at 1-888-782-8477. Hearing and speech-impaired individuals with
text telephones (TTY) may contact the commission at (512) 936-7136. The deadline
for comment is November 21, 2001. All comments should reference Docket Number
24837.
TRD-200106631
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: October 29, 2001
Notice is given to the public of the filing with the Public Utility Commission
of Texas (commission) of an application on October 25, 2001, for an order
regarding the allocation and payment of merger savings credits pursuant to
the Public Utility Regulatory Act (PURA), Texas Utilities Code Annotated §§11.002
and 31.001 (Vernon 1998 & Supplement 2001) and P.U.C. Substantive Rule §25.1.
A summary of the application follows.
Docket Title and Number: Application of Southwestern Public Service Company
Regarding the Allocation and Payment of Merger Savings Credits, Docket Number
24904 before the Public Utility Commission of Texas.
Applicant seeks an order authorizing it to continue crediting merger savings
credit amounts to customers through Applicant's purchased cost recovery factor
after December 31, 2001.
Applicant also seeks confirmation of the present allocation of merger savings
credits among customer classes.
Persons who wish to comment upon the action sought should contact the Public
Utility Commission of Texas, P.O. Box 13326, Austin, Texas 78711-3326, or
call the commission's Customer Protection Division at (512) 936-7120 no later
than November 16, 2001. Hearing and speech-impaired individuals with text
telephone (TTY) may contact the commission at (512) 936-7136.
TRD-200106655
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: October 30, 2001
Notice is given to the public of the filing with the Public Utility Commission
of Texas (commission) of an application filed on October 22, 2001, for a certificate
of convenience and necessity for a proposed transmission line in Hidalgo County,
Texas.
Docket Style and Number: Application of Sharyland Utilities, L.P. (SU)
for a Certificate of Convenience and Necessity for a Proposed Transmission
Line in Hidalgo County, Texas. Docket Number 24874.
The Application: SU states its preferred route starts in the northeast
corner of the Sharyland Plantation Development at the Taylor Road Substation
located at 3715 South Taylor Road in McAllen, Texas. The proposed line would
travel east for 1/4 mile and turn south along the east boundary of the development
along the drainage sump and Bentsen Road. It crosses Military Highway and
the St. Louis Brownsville and Mexico Railway 1/2 mile south of Military Highway.
The line then travels west, paralleling the south side of the railway, for
1/4 mile to the new Bentsen Substation. It then leaves the substation and
continues for 1.4 miles crossing Shary Road, Glasscock Road, and Stewart Road,
to the proposed Railroad Substation located 1/4 mile west of Stewart Road
in South Mission. The route continues to head west for 1/4 mile, then heads
north, crossing over the railway and Military Highway and proceeds northward
for approximately 1 mile. It turns west for a distance of 1/4 mile to a point
where it again turns northward for 0.6 miles to enter the proposed Mayberry
Substation, located 1/4 mile west of Bryan Road. The route next travels north
for a distance of 0.12 miles to its intersection with the existing AEP/CPL
138 kV transmission line.
Pursuant to P.U.C. Substantive Rule §25.101(c)(4), the commission
must render a decision approving or denying an application for a certificate
within one year of the date of filing of a complete application for such certificate.
Persons who wish to comment upon the action sought should contact the Public
Utility Commission of Texas, P. O. Box 13326, Austin, Texas 78711-3326, or
call the commission's Customer Protection Division at (512) 936-7120 or (888)
782-8477. Hearing and speech- impaired individuals with text telephone (TTY)
may contact the commission at (512) 936-7136 or use Relay Texas (toll-free)
1-800-735-2989.
TRD-200106635
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: October 30, 2001
Notice is given to the public of the filing with the Public Utility Commission
of Texas (commission) of an application filed on October 24, 2001, by Southwestern
Bell Telephone Company (SWBT) for an amendment to its certificate of convenience
and necessity for minor boundary change. Pursuant to P.U.C. Substantive Rule §26.101(b)(4),
the presiding officer must enter a final order in this docket within one year
of the filing of the application.
Docket Style and Number: Application of Southwestern Bell Telephone Company
to Amend Certificate of Convenience and Necessity within Ellis County, Texas,
Docket Number 24901.
The Application: On October 24, 2001, Southwestern Bell Telephone Company
(SWBT) filed an application to amend its certificate of convenience and necessity
for a minor boundary change within its Midlothian and Waxahachie Exchanges
in Ellis County, Texas. SWBT asserts the approval of the minor boundary change
would enable it to serve a new subdivision more efficiently.
Persons who wish to comment upon the action sought should contact the Public
Utility Commission of Texas, P. O. Box 13326, Austin, Texas 78711-3326, or
call the commission's Customer Protection Division at (512) 936-7120 or (888)
782-8477. Hearing and speech- impaired individuals with text telephone (TTY)
may contact the commission at (512) 936-7136 or use Relay Texas (toll-free)
1-800-735-2989. The deadline for intervention in the proceeding will be established.
The commission should receive a letter requesting intervention on or before
the intervention deadline.
TRD-200106654
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: October 30, 2001
Notice is given to the public of the filing with the Public Utility Commission
of Texas (commission) of the Petition of the Electric Reliability Council
of Texas (ERCOT) for Approval of Governance Changes on October 30, 2001.
Docket Style and Number: Petition of the Electric Reliability Council of
Texas (ERCOT) for Approval of Governance Changes - Docket Number 24932.
The Application: ERCOT seeks approval of its revised Bylaws to reflect
a change in governance structure pursuant to the Public Utility Regulatory
Act (PURA), Texas Utilities Code Annotated §39.151 (Vernon 1998 &
Supplement 2001).
Persons who wish to intervene in the proceeding or comment upon the action
sought should contact the Public Utility Commission of Texas, P.O. Box 13326,
Austin, Texas 78711-3326, or call the commission's Customer Protection Division
at (512) 936-7120. Hearing- and speech- impaired individuals with text telephones
(TTY) may contact the commission at (512) 936-7136. All correspondence should
refer to Docket Number 24932.
TRD-200106667
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: October 30, 2001
Notice is given to the public of the filing with the Public Utility Commission
of Texas (commission) of the Joint Application of Bluebonnet Electric Cooperative,
Inc. (BEC) and Austin Energy (AE) to Amend Certificated Service Area Boundaries
within Travis County, Texas filed on October 22, 2001. The commission has
jurisdiction over this matter pursuant to the Public Utility Regulatory Act
(PURA), Texas Utilities Code Annotated, §§14.001, 37.051, 37.053,
37.054 and 37.056 (Vernon 1998 & Supplement 2001) and P.U.C. Substantive
Rule §25.101.
Pursuant to P.U.C. Substantive Rule §25.101(c)(5)(B), service area
exception applications shall be approved administratively within 45 days of
the filing of the application and may be approved sooner if good cause is
shown, provided that all utilities whose certificated service area is affected
agree to the change and all customers within the affected area have given
prior consent.
Docket Style and Number: Joint Application of Bluebonnet Electric Cooperative,
Inc. and Austin Energy to Amend Certificated Service Area Boundaries with
Travis County, Texas - Docket Number 24876.
The Application: BEC and AE filed an application to amend certificated
service area boundaries within northeast Travis County along Highway 290 East.
Applicants assert this boundary change will eliminate the need for additional,
duplicate power lines and would result in the lowering of service costs to
future customers along U.S. Highway 290, where BEC already operates adequate
service facilities. Otherwise, AE would have to duplicate BEC facilities along
Highway 290 East to serve those same customers.
Persons who wish to comment upon the action sought should contact the Public
Utility Commission of Texas, P. O. Box 13326, Austin, Texas 78711-3326, or
call the commission's Customer Protection Division at (512) 936-7120 or (888)
782-8477. Hearing and speech- impaired individuals with text telephone (TTY)
may contact the commission at (512) 936-7136 or use Relay Texas (toll-free)
1-800-735-2989.
TRD-200106637
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: October 30, 2001
On October 18, 2001, Southwestern Bell Telephone Company and Southern Telcom
Network, Inc., collectively referred to as applicants, filed a joint application
for approval of amendment to an existing interconnection agreement under Section
252(i) of the federal Telecommunications Act of 1996, Public Law Number 104-104,
110 Statute 56, (codified as amended in scattered sections of 15 and 47 United
States Code) (FTA) and the Public Utility Regulatory Act, Texas Utilities
Code Annotated, Chapters 52 and 60 (Vernon 1998 & Supplement 2001) (PURA).
The joint application has been designated Docket Number 24861. The joint application
and the underlying interconnection agreement are available for public inspection
at the commission's offices in Austin, Texas.
The commission must act to approve the interconnection agreement within
35 days after it is submitted by the parties.
The commission finds that additional public comment should be allowed before
the commission issues a final decision approving or rejecting the amendment
to the interconnection agreement. Any interested person may file written comments
on the joint application by filing ten copies of the comments with the commission's
filing clerk. Additionally, a copy of the comments should be served on each
of the applicants. The comments should specifically refer to Docket Number
24861. As a part of the comments, an interested person may request that a
public hearing be conducted. The comments, including any request for public
hearing, shall be filed by November 19, 2001, and shall include:
1) a detailed statement of the person's interests in the agreement, including
a description of how approval of the agreement may adversely affect those
interests;
2) specific allegations that the agreement, or some portion thereof:
a) discriminates against a telecommunications carrier that is not a party
to the agreement; or
b) is not consistent with the public interest, convenience, and necessity;
or
c) is not consistent with other requirements of state law; and
3) the specific facts upon which the allegations are based.
After reviewing any comments, the commission will issue a notice of approval,
denial, or determine whether to conduct further proceedings concerning the
joint application. The commission shall have the authority given to a presiding
officer pursuant to P.U.C. Procedural Rule §22.202. The commission may
identify issues raised by the joint application and comments and establish
a schedule for addressing those issues, including the submission of evidence
by the applicants, if necessary, and briefing and oral argument. The commission
may conduct a public hearing. Interested persons who file comments are not
entitled to participate as intervenors in the public hearing.
Persons with questions about this project or who wish to comment on the
joint application should contact the Public Utility Commission of Texas, 1701
North Congress Avenue, P.O. Box 13326, Austin, Texas 78711-3326. You may call
the commission's Customer Protection Division at (512) 936-7120 or toll free
at 1-888-782-8477. Hearing and speech-impaired individuals with text telephones
(TTY) may contact the commission at (512) 936-7136. All correspondence should
refer to Docket Number 24861.
TRD-200106491
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: October 25, 2001
On October 18, 2001, Southwestern Bell Telephone Company and MCImetro Access
Transmission Services, Inc., collectively referred to as applicants, filed
a joint application for approval of amendment to an existing interconnection
agreement under Section 252(i) of the federal Telecommunications Act of 1996,
Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered
sections of 15 and 47 United States Code) (FTA) and the Public Utility Regulatory
Act, Texas Utilities Code Annotated, Chapters 52 and 60 (Vernon 1998 &
Supplement 2001) (PURA). The joint application has been designated Docket
Number 24864. The joint application and the underlying interconnection agreement
are available for public inspection at the commission's offices in Austin,
Texas.
The commission must act to approve the interconnection agreement within
35 days after it is submitted by the parties.
The commission finds that additional public comment should be allowed before
the commission issues a final decision approving or rejecting the amendment
to the interconnection agreement. Any interested person may file written comments
on the joint application by filing ten copies of the comments with the commission's
filing clerk. Additionally, a copy of the comments should be served on each
of the applicants. The comments should specifically refer to Docket Number
24864. As a part of the comments, an interested person may request that a
public hearing be conducted. The comments, including any request for public
hearing, shall be filed by November 19, 2001, and shall include:
1) a detailed statement of the person's interests in the agreement, including
a description of how approval of the agreement may adversely affect those
interests;
2) specific allegations that the agreement, or some portion thereof:
a) discriminates against a telecommunications carrier that is not a party
to the agreement; or
b) is not consistent with the public interest, convenience, and necessity;
or
c) is not consistent with other requirements of state law; and
3) the specific facts upon which the allegations are based.
After reviewing any comments, the commission will issue a notice of approval,
denial, or determine whether to conduct further proceedings concerning the
joint application. The commission shall have the authority given to a presiding
officer pursuant to P.U.C. Procedural Rule §22.202. The commission may
identify issues raised by the joint application and comments and establish
a schedule for addressing those issues, including the submission of evidence
by the applicants, if necessary, and briefing and oral argument. The commission
may conduct a public hearing. Interested persons who file comments are not
entitled to participate as intervenors in the public hearing.
Persons with questions about this project or who wish to comment on the
joint application should contact the Public Utility Commission of Texas, 1701
North Congress Avenue, P.O. Box 13326, Austin, Texas 78711-3326. You may call
the commission's Customer Protection Division at (512) 936-7120 or toll free
at 1-888-782-8477. Hearing and speech-impaired individuals with text telephones
(TTY) may contact the commission at (512) 936-7136. All correspondence should
refer to Docket Number 24864.
TRD-200106492
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: October 25, 2001
On October 18, 2001, Southwestern Bell Telephone Company and MCI WorldCom
Communications, Inc., collectively referred to as applicants, filed a joint
application for approval of amendment to an existing interconnection agreement
under Section 252(i) of the federal Telecommunications Act of 1996, Public
Law Number 104-104, 110 Statute 56, (codified as amended in scattered sections
of 15 and 47 United States Code) (FTA) and the Public Utility Regulatory Act,
Texas Utilities Code Annotated, Chapters 52 and 60 (Vernon 1998 & Supplement
2001) (PURA). The joint application has been designated Docket Number 24865.
The joint application and the underlying interconnection agreement are available
for public inspection at the commission's offices in Austin, Texas.
The commission must act to approve the interconnection agreement within
35 days after it is submitted by the parties.
The commission finds that additional public comment should be allowed before
the commission issues a final decision approving or rejecting the amendment
to the interconnection agreement. Any interested person may file written comments
on the joint application by filing ten copies of the comments with the commission's
filing clerk. Additionally, a copy of the comments should be served on each
of the applicants. The comments should specifically refer to Docket Number
24865. As a part of the comments, an interested person may request that a
public hearing be conducted. The comments, including any request for public
hearing, shall be filed by November 19, 2001, and shall include:
1) a detailed statement of the person's interests in the agreement, including
a description of how approval of the agreement may adversely affect those
interests;
2) specific allegations that the agreement, or some portion thereof:
a) discriminates against a telecommunications carrier that is not a party
to the agreement; or
b) is not consistent with the public interest, convenience, and necessity;
or
c) is not consistent with other requirements of state law; and
3) the specific facts upon which the allegations are based.
After reviewing any comments, the commission will issue a notice of approval,
denial, or determine whether to conduct further proceedings concerning the
joint application. The commission shall have the authority given to a presiding
officer pursuant to P.U.C. Procedural Rule §22.202. The commission may
identify issues raised by the joint application and comments and establish
a schedule for addressing those issues, including the submission of evidence
by the applicants, if necessary, and briefing and oral argument. The commission
may conduct a public hearing. Interested persons who file comments are not
entitled to participate as intervenors in the public hearing.
Persons with questions about this project or who wish to comment on the
joint application should contact the Public Utility Commission of Texas, 1701
North Congress Avenue, P.O. Box 13326, Austin, Texas 78711-3326. You may call
the commission's Customer Protection Division at (512) 936-7120 or toll free
at 1-888-782-8477. Hearing and speech-impaired individuals with text telephones
(TTY) may contact the commission at (512) 936-7136. All correspondence should
refer to Docket Number 24865.
TRD-200106493
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: October 25, 2001
On October 22, 2001, Southwestern Bell Telephone Company and TechTel Communications,
collectively referred to as applicants, filed a joint application for approval
of amendment to an existing interconnection agreement under Section 252(i)
of the federal Telecommunications Act of 1996, Public Law Number 104-104,
110 Statute 56, (codified as amended in scattered sections of 15 and 47 United
States Code) (FTA) and the Public Utility Regulatory Act, Texas Utilities
Code Annotated, Chapters 52 and 60 (Vernon 1998 & Supplement 2001) (PURA).
The joint application has been designated Docket Number 24875. The joint application
and the underlying interconnection agreement are available for public inspection
at the commission's offices in Austin, Texas.
The commission must act to approve the interconnection agreement within
35 days after it is submitted by the parties.
The commission finds that additional public comment should be allowed before
the commission issues a final decision approving or rejecting the amendment
to the interconnection agreement. Any interested person may file written comments
on the joint application by filing ten copies of the comments with the commission's
filing clerk. Additionally, a copy of the comments should be served on each
of the applicants. The comments should specifically refer to Docket Number
24875. As a part of the comments, an interested person may request that a
public hearing be conducted. The comments, including any request for public
hearing, shall be filed by November 19, 2001, and shall include:
1) a detailed statement of the person's interests in the agreement, including
a description of how approval of the agreement may adversely affect those
interests;
2) specific allegations that the agreement, or some portion thereof:
a) discriminates against a telecommunications carrier that is not a party
to the agreement; or
b) is not consistent with the public interest, convenience, and necessity;
or
c) is not consistent with other requirements of state law; and
3) the specific facts upon which the allegations are based.
After reviewing any comments, the commission will issue a notice of approval,
denial, or determine whether to conduct further proceedings concerning the
joint application. The commission shall have the authority given to a presiding
officer pursuant to P.U.C. Procedural Rule §22.202. The commission may
identify issues raised by the joint application and comments and establish
a schedule for addressing those issues, including the submission of evidence
by the applicants, if necessary, and briefing and oral argument. The commission
may conduct a public hearing. Interested persons who file comments are not
entitled to participate as intervenors in the public hearing.
Persons with questions about this project or who wish to comment on the
joint application should contact the Public Utility Commission of Texas, 1701
North Congress Avenue, P.O. Box 13326, Austin, Texas 78711-3326. You may call
the commission's Customer Protection Division at (512) 936-7120 or toll free
at 1-888-782-8477. Hearing and speech-impaired individuals with text telephones
(TTY) may contact the commission at (512) 936-7136. All correspondence should
refer to Docket Number 24875.
TRD-200106494
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: October 25, 2001
On October 23, 2001, Southwestern Bell Telephone Company and Brooks Fiber
Communications of Texas, Inc., collectively referred to as applicants, filed
a joint application for approval of amendment to an existing interconnection
agreement under Section 252(i) of the federal Telecommunications Act of 1996,
Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered
sections of 15 and 47 United States Code) (FTA) and the Public Utility Regulatory
Act, Texas Utilities Code Annotated, Chapters 52 and 60 (Vernon 1998 &
Supplement 2001) (PURA). The joint application has been designated Docket
Number 24897. The joint application and the underlying interconnection agreement
are available for public inspection at the commission's offices in Austin,
Texas.
The commission must act to approve the interconnection agreement within
35 days after it is submitted by the parties.
The commission finds that additional public comment should be allowed before
the commission issues a final decision approving or rejecting the amendment
to the interconnection agreement. Any interested person may file written comments
on the joint application by filing ten copies of the comments with the commission's
filing clerk. Additionally, a copy of the comments should be served on each
of the applicants. The comments should specifically refer to Docket Number
24897. As a part of the comments, an interested person may request that a
public hearing be conducted. The comments, including any request for public
hearing, shall be filed by November 19, 2001, and shall include:
1) a detailed statement of the person's interests in the agreement, including
a description of how approval of the agreement may adversely affect those
interests;
2) specific allegations that the agreement, or some portion thereof:
a) discriminates against a telecommunications carrier that is not a party
to the agreement; or
b) is not consistent with the public interest, convenience, and necessity;
or
c) is not consistent with other requirements of state law; and
3) the specific facts upon which the allegations are based.
After reviewing any comments, the commission will issue a notice of approval,
denial, or determine whether to conduct further proceedings concerning the
joint application. The commission shall have the authority given to a presiding
officer pursuant to P.U.C. Procedural Rule §22.202. The commission may
identify issues raised by the joint application and comments and establish
a schedule for addressing those issues, including the submission of evidence
by the applicants, if necessary, and briefing and oral argument. The commission
may conduct a public hearing. Interested persons who file comments are not
entitled to participate as intervenors in the public hearing.
Persons with questions about this project or who wish to comment on the
joint application should contact the Public Utility Commission of Texas, 1701
North Congress Avenue, P.O. Box 13326, Austin, Texas 78711-3326. You may call
the commission's Customer Protection Division at (512) 936-7120 or toll free
at 1-888-782-8477. Hearing and speech-impaired individuals with text telephones
(TTY) may contact the commission at (512) 936-7136. All correspondence should
refer to Docket Number 24897.
TRD-200106495
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: October 25, 2001
Notice is given to the public of the filing with the Public Utility Commission
of Texas (commission) of a long run incremental cost (LRIC) study pursuant
to P.U.C. Substantive Rule §26.214
Docket Title and Number. Sugar Land Telephone Company Application for Approval
of LRIC Study for ISDN/PRA Provisioning Pursuant to P.U.C. Substantive Rule §26.214
on November 1, 2001.
Any party that demonstrates a justiciable interest may file with the administrative
law judge, written comments or recommendations concerning the LRIC study referencing
Docket Number 24882. Written comments or recommendations should be filed no
later than 45 days after the date of a sufficient study and should be filed
at the Public Utility Commission of Texas, 1701 North Congress Avenue, P.O.
Box 13326, Austin, Texas 78711-3326. You may call the commission's Customer
Protection Division at (512) 936-7120. Hearing and speech-impaired individuals
with text telephones (TTY) may contact the commission at (512) 936-7136.
TRD-200106500
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: October 26, 2001
Notice is given to the public of the filing with the Public Utility Commission
of Texas (commission) of a long run incremental cost (LRIC) study pursuant
to P.U.C. Substantive Rule §26.214
Docket Title and Number. Sugar Land Telephone Company Application for Approval
of LRIC Study for Voice Mail Promotion Pursuant to P.U.C. Substantive Rule §26.214
on November 1, 2001.
Any party that demonstrates a justiciable interest may file with the administrative
law judge, written comments or recommendations concerning the LRIC study referencing
Docket Number 24883. Written comments or recommendations should be filed no
later than 45 days after the date of a sufficient study and should be filed
at the Public Utility Commission of Texas, 1701 North Congress Avenue, P.O.
Box 13326, Austin, Texas 78711-3326. You may call the commission's Customer
Protection Division at (512) 936-7120. Hearing and speech-impaired individuals
with text telephones (TTY) may contact the commission at (512) 936-7136.
TRD-200106501
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: October 26, 2001
Notice is given to the public of the filing with the Public Utility Commission
of Texas (commission) of a long run incremental cost (LRIC) study pursuant
to P.U.C. Substantive Rule §26.214
Docket Title and Number. Texas Alltel, Inc. Application for Approval of
LRIC Study for Voice Mail Promotion Pursuant to P.U.C. Substantive Rule §26.214
on November 1, 2001.
Any party that demonstrates a justiciable interest may file with the administrative
law judge, written comments or recommendations concerning the LRIC study referencing
Docket Number 24884. Written comments or recommendations should be filed no
later than 45 days after the date of a sufficient study and should be filed
at the Public Utility Commission of Texas, 1701 North Congress Avenue, P.O.
Box 13326, Austin, Texas 78711-3326. You may call the commission's Customer
Protection Division at (512) 936-7120. Hearing and speech-impaired individuals
with text telephones (TTY) may contact the commission at (512) 936-7136.
TRD-200106502
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: October 26, 2001
Notice is given to the public of the filing with the Public Utility Commission
of Texas (commission) of a long run incremental cost (LRIC) study pursuant
to P.U.C. Substantive Rule §26.214
Docket Title and Number. Valor Telecommunications of Texas, LP Application
for Approval of LRIC Study for City Plex Service Pursuant to P.U.C. Substantive
Rule §26.214 on October 29, 2001.
Any party that demonstrates a justiciable interest may file with the administrative
law judge, written comments or recommendations concerning the LRIC study referencing
Docket Number 24885. Written comments or recommendations should be filed no
later than 45 days after the date of a sufficient study and should be filed
at the Public Utility Commission of Texas, 1701 North Congress Avenue, P.O.
Box 13326, Austin, Texas 78711-3326. You may call the commission's Customer
Protection Division at (512) 936-7120. Hearing and speech-impaired individuals
with text telephones (TTY) may contact the commission at (512) 936-7136.
TRD-200106503
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: October 26, 2001
Notice is given to the public of the filing with the Public Utility Commission
of Texas (commission) of a long run incremental cost (LRIC) study pursuant
to P.U.C. Substantive Rule §26.214
Docket Title and Number. Texas Alltel, Inc. Application for Approval of
LRIC Study for New Business Calling Packages Pursuant to P.U.C. Substantive
Rule §26.214 on November 2, 2001.
Any party that demonstrates a justiciable interest may file with the administrative
law judge, written comments or recommendations concerning the LRIC study referencing
Docket Number 24894. Written comments or recommendations should be filed no
later than 45 days after the date of a sufficient study and should be filed
at the Public Utility Commission of Texas, 1701 North Congress Avenue, P.O.
Box 13326, Austin, Texas 78711-3326. You may call the commission's Customer
Protection Division at (512) 936-7120. Hearing and speech-impaired individuals
with text telephones (TTY) may contact the commission at (512) 936-7136.
TRD-200106504
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: October 26, 2001
Notice is given to the public of the filing with the Public Utility Commission
of Texas (commission) of a long run incremental cost (LRIC) study pursuant
to P.U.C. Substantive Rule §26.214
Docket Title and Number. Sugar Land Telephone Company Application for Approval
of LRIC Study for New Business Calling Packages Pursuant to P.U.C. Substantive
Rule §26.214 on November 2, 2001.
Any party that demonstrates a justiciable interest may file with the administrative
law judge, written comments or recommendations concerning the LRIC study referencing
Docket Number 24895. Written comments or recommendations should be filed no
later than 45 days after the date of a sufficient study and should be filed
at the Public Utility Commission of Texas, 1701 North Congress Avenue, P.O.
Box 13326, Austin, Texas 78711-3326. You may call the commission's Customer
Protection Division at (512) 936-7120. Hearing and speech-impaired individuals
with text telephones (TTY) may contact the commission at (512) 936-7136.
TRD-200106505
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: October 26, 2001
On October 25, 2001, Lightyear Communications, Inc. and Verizon Southwest,
collectively referred to as applicants, filed a joint application for approval
of interconnection agreement under Section 252(i) of the federal Telecommunications
Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended
in scattered sections of 15 and 47 United States Code) (FTA) and the Public
Utility Regulatory Act, Texas Utilities Code Annotated, Chapters 52 and 60
(Vernon 1998 & Supplement 2001) (PURA). The joint application has been
designated Docket Number 24909. The joint application and the underlying interconnection
agreement are available for public inspection at the commission's offices
in Austin, Texas.
The commission must act to approve the interconnection agreement within
35 days after it is submitted by the parties.
The commission finds that additional public comment should be allowed before
the commission issues a final decision approving or rejecting the interconnection
agreement. Any interested person may file written comments on the joint application
by filing ten copies of the comments with the commission's filing clerk. Additionally,
a copy of the comments should be served on each of the applicants. The comments
should specifically refer to Docket Number 24909. As a part of the comments,
an interested person may request that a public hearing be conducted. The comments,
including any request for public hearing, shall be filed by November 20, 2001,
and shall include:
1) a detailed statement of the person's interests in the agreement, including
a description of how approval of the agreement may adversely affect those
interests;
2) specific allegations that the agreement, or some portion thereof:
a) discriminates against a telecommunications carrier that is not a party
to the agreement; or
b) is not consistent with the public interest, convenience, and necessity;
or
c) is not consistent with other requirements of state law; and
3) the specific facts upon which the allegations are based.
After reviewing any comments, the commission will issue a notice of approval,
denial, or determine whether to conduct further proceedings concerning the
joint application. The commission shall have the authority given to a presiding
officer pursuant to P.U.C. Procedural Rule §22.202. The commission may
identify issues raised by the joint application and comments and establish
a schedule for addressing those issues, including the submission of evidence
by the applicants, if necessary, and briefing and oral argument. The commission
may conduct a public hearing. Interested persons who file comments are not
entitled to participate as intervenors in the public hearing.
Persons with questions about this project or who wish to comment on the
joint application should contact the Public Utility Commission of Texas, 1701
North Congress Avenue, P. O. Box 13326, Austin, Texas 78711-3326. You may
call the commission's Customer Protection Division at (512) 936-7120 or toll
free at 1-888-782-8477. Hearing and speech-impaired individuals with text
telephones (TTY) may contact the commission at (512) 936-7136. All correspondence
should refer to Docket Number 24909.
TRD-200106599
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: October 26, 2001
On October 25, 2001, Now Communications, Inc. and Verizon Southwest, collectively
referred to as applicants, filed a joint application for approval of interconnection
agreement under Section 252(i) of the federal Telecommunications Act of 1996,
Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered
sections of 15 and 47 United States Code) (FTA) and the Public Utility Regulatory
Act, Texas Utilities Code Annotated, Chapters 52 and 60 (Vernon 1998 &
Supplement 2001) (PURA). The joint application has been designated Docket
Number 24910. The joint application and the underlying interconnection agreement
are available for public inspection at the commission's offices in Austin,
Texas.
The commission must act to approve the interconnection agreement within
35 days after it is submitted by the parties.
The commission finds that additional public comment should be allowed before
the commission issues a final decision approving or rejecting the interconnection
agreement. Any interested person may file written comments on the joint application
by filing ten copies of the comments with the commission's filing clerk. Additionally,
a copy of the comments should be served on each of the applicants. The comments
should specifically refer to Docket Number 24910. As a part of the comments,
an interested person may request that a public hearing be conducted. The comments,
including any request for public hearing, shall be filed by November 20, 2001,
and shall include:
1) a detailed statement of the person's interests in the agreement, including
a description of how approval of the agreement may adversely affect those
interests;
2) specific allegations that the agreement, or some portion thereof:
a) discriminates against a telecommunications carrier that is not a party
to the agreement; or
b) is not consistent with the public interest, convenience, and necessity;
or
c) is not consistent with other requirements of state law; and
3) the specific facts upon which the allegations are based.
After reviewing any comments, the commission will issue a notice of approval,
denial, or determine whether to conduct further proceedings concerning the
joint application. The commission shall have the authority given to a presiding
officer pursuant to P.U.C. Procedural Rule §22.202. The commission may
identify issues raised by the joint application and comments and establish
a schedule for addressing those issues, including the submission of evidence
by the applicants, if necessary, and briefing and oral argument. The commission
may conduct a public hearing. Interested persons who file comments are not
entitled to participate as intervenors in the public hearing.
Persons with questions about this project or who wish to comment on the
joint application should contact the Public Utility Commission of Texas, 1701
North Congress Avenue, P.O. Box 13326, Austin, Texas 78711-3326. You may call
the commission's Customer Protection Division at (512) 936-7120 or toll free
at 1-888-782-8477. Hearing and speech-impaired individuals with text telephones
(TTY) may contact the commission at (512) 936-7136. All correspondence should
refer to Docket Number 24910.
TRD-200106600
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: October 26, 2001
On October 25, 2001, Ernest Communications, Inc. and Verizon Southwest,
collectively referred to as applicants, filed a joint application for approval
of interconnection agreement under Section 252(i) of the federal Telecommunications
Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended
in scattered sections of 15 and 47 United States Code) (FTA) and the Public
Utility Regulatory Act, Texas Utilities Code Annotated, Chapters 52 and 60
(Vernon 1998 & Supplement 2001) (PURA). The joint application has been
designated Docket Number 24911. The joint application and the underlying interconnection
agreement are available for public inspection at the commission's offices
in Austin, Texas.
The commission must act to approve the interconnection agreement within
35 days after it is submitted by the parties.
The commission finds that additional public comment should be allowed before
the commission issues a final decision approving or rejecting the interconnection
agreement. Any interested person may file written comments on the joint application
by filing ten copies of the comments with the commission's filing clerk. Additionally,
a copy of the comments should be served on each of the applicants. The comments
should specifically refer to Docket Number 24911. As a part of the comments,
an interested person may request that a public hearing be conducted. The comments,
including any request for public hearing, shall be filed by November 20, 2001,
and shall include:
1) a detailed statement of the person's interests in the agreement, including
a description of how approval of the agreement may adversely affect those
interests;
2) specific allegations that the agreement, or some portion thereof:
a) discriminates against a telecommunications carrier that is not a party
to the agreement; or
b) is not consistent with the public interest, convenience, and necessity;
or
c) is not consistent with other requirements of state law; and
3) the specific facts upon which the allegations are based.
After reviewing any comments, the commission will issue a notice of approval,
denial, or determine whether to conduct further proceedings concerning the
joint application. The commission shall have the authority given to a presiding
officer pursuant to P.U.C. Procedural Rule §22.202. The commission may
identify issues raised by the joint application and comments and establish
a schedule for addressing those issues, including the submission of evidence
by the applicants, if necessary, and briefing and oral argument. The commission
may conduct a public hearing. Interested persons who file comments are not
entitled to participate as intervenors in the public hearing.
Persons with questions about this project or who wish to comment on the
joint application should contact the Public Utility Commission of Texas, 1701
North Congress Avenue, P. O. Box 13326, Austin, Texas 78711-3326. You may
call the commission's Customer Protection Division at (512) 936-7120 or toll
free at 1-888-782-8477. Hearing and speech-impaired individuals with text
telephones (TTY) may contact the commission at (512) 936-7136. All correspondence
should refer to Docket Number 24911.
TRD-200106601
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: October 26, 2001
On October 25, 2001, United Technological Systems Incorporated doing business
as Uni-Tel and Verizon Southwest, collectively referred to as applicants,
filed a joint application for approval of interconnection agreement under
Section 252(i) of the federal Telecommunications Act of 1996, Public Law Number
104-104, 110 Statute 56, (codified as amended in scattered sections of 15
and 47 United States Code) (FTA) and the Public Utility Regulatory Act, Texas
Utilities Code Annotated, Chapters 52 and 60 (Vernon 1998 & Supplement
2001) (PURA). The joint application has been designated Docket Number 24912.
The joint application and the underlying interconnection agreement are available
for public inspection at the commission's offices in Austin, Texas.
The commission must act to approve the interconnection agreement within
35 days after it is submitted by the parties.
The commission finds that additional public comment should be allowed before
the commission issues a final decision approving or rejecting the interconnection
agreement. Any interested person may file written comments on the joint application
by filing ten copies of the comments with the commission's filing clerk. Additionally,
a copy of the comments should be served on each of the applicants. The comments
should specifically refer to Docket Number 24912. As a part of the comments,
an interested person may request that a public hearing be conducted. The comments,
including any request for public hearing, shall be filed by November 20, 2001,
and shall include:
1) a detailed statement of the person's interests in the agreement, including
a description of how approval of the agreement may adversely affect those
interests;
2) specific allegations that the agreement, or some portion thereof:
a) discriminates against a telecommunications carrier that is not a party
to the agreement; or
b) is not consistent with the public interest, convenience, and necessity;
or
c) is not consistent with other requirements of state law; and
3) the specific facts upon which the allegations are based.
After reviewing any comments, the commission will issue a notice of approval,
denial, or determine whether to conduct further proceedings concerning the
joint application. The commission shall have the authority given to a presiding
officer pursuant to P.U.C. Procedural Rule §22.202. The commission may
identify issues raised by the joint application and comments and establish
a schedule for addressing those issues, including the submission of evidence
by the applicants, if necessary, and briefing and oral argument. The commission
may conduct a public hearing. Interested persons who file comments are not
entitled to participate as intervenors in the public hearing.
Persons with questions about this project or who wish to comment on the
joint application should contact the Public Utility Commission of Texas, 1701
North Congress Avenue, P.O. Box 13326, Austin, Texas 78711-3326. You may call
the commission's Customer Protection Division at (512) 936-7120 or toll free
at 1-888-782-8477. Hearing and speech-impaired individuals with text telephones
(TTY) may contact the commission at (512) 936-7136. All correspondence should
refer to Docket Number 24912.
TRD-200106602
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: October 26, 2001
Correction of Error
The Texas Racing Commission proposed an amendment to 16 TAC §323.4
in the October 26, 2001, issue of the
Texas Register
(26 TexReg 8469).
Due to an error by the Commission subsections (b) - (c) were omitted. The
subsections should have been included and marked as "no change."
TRD-200106632
Request for Proposal
The San Antonio-Bexar County Metropolitan Planning Organization (MPO) is
seeking proposals from qualified firms to develop an Infrastructure Needs
Assessment for the Brooks City-Base Area.
A copy of the Request for Proposals (RFP) may be requested by calling Jeanne
Geiger, Senior Transportation Planner, at (210) 227-8651 or by downloading
the RFP and attachments from the MPO's website at www.sametroplan.org. Anyone
wishing to submit a proposal must do so by 12:00 p.m. (CST), Friday, November
30, 2001 at the MPO office:
Janet A. Kennison, Administrator
Metropolitan Planning Organization
1021 San Pedro, Suite 2200
San Antonio, Texas 78212
The contract award will be made by the MPO's Transportation Steering Committee
based on the recommendation of the project's consultant selection committee.
The Infrastructure Needs Assessment for the Brooks City-Base Area Consultant
Selection Committee will review the proposals based on the evaluation criteria
listed in the RFP.
Funding for this study, in the amount of $200,000, is contingent upon the
availability of Federal transportation planning funds.
TRD-200106469
Janet A. Kennison
Administrator
San Antonio-Bexar County Metropolitan Planning Organization
Filed: October 25, 2001
Notice of Request for Information (RFI) for Outside Legal Services Related to Intellectual Property Matters
The University of North Texas System (UNT System) Texas System (U. T. System)
requests information from law firms interested in representing its component
institution the University of North Texas Health Science Center at Fort Worth
(UNTHSC) U. T. System and its component institutions in intellectual property
matters. This RFI is issued to establish (for the time frame beginning September
1, 20011999 to August 31, 20022000) a referral list from which UNT System
U. T. System, by and through its Office of Vice Chancellor and General Counsel,
will select appropriate counsel for representation on specific intellectual
property matters as the need arises.
Description: The UNT System comprises one health institution and two academic
institutions located in three cities in Texas. The U. T. System comprises
six health institutions and nine academic institutions located in eleven cities
in TexasResearch activities and other educational pursuits at UNTHSCeach institution
produce intellectual property that is carefully evaluated for protection and
licensing to commercial entities. Subject to approval by the Office of the
Attorney General (OAG) for the State of Texas, UNTHSC U. T. System will engage
outside counsel to prepare, file, prosecute, and maintain patent applications
in the United States and other countries; secure copyright protection for
computer software; and to prepare, file and prosecute applications to register
trademarks and service marks in the United States and other countries. UNTHSC
U.T. System also will engage outside counsel from time to time to pursue litigation
against infringers of these intellectual property rights and to handle other
related matters. The UNT System U. T. System invites responses to this RFI
from qualified firms for the provision of such legal services under the direction
and supervision of UNT System's Office of Vice Chancellor and General CounselU.
T. System's Office of General Counsel.
Responses; Qualifications: Responses to this RFI should include at least
the following information: (1) a description of the firm's or attorney's qualifications
for performing the legal services requested, including the firm's prior experience
in intellectual property-related matters, and appropriate information regarding
efforts made by the firm to encourage and develop the participation of minorities
and women in the provision both of the firm's legal services generally and
intellectual property matters in particular; (2) the names, experience, and
scientific or technical expertise of the attorneys who may be assigned to
work on such matters; (3) the submission of fee information (either in the
form of hourly rates for each attorney who may be assigned to perform services
in relation to UNTHSC's U. T. System's intellectual property matters, flat
fees, or other fee arrangements directly related to the achievement of specific
goals and cost controls) and billable expenses; (4) disclosures of conflicts
of interest (identifying each and every matter in which the firm has, within
the past calendar year, represented any entity or individual with an interest
adverse to the UNT System, UNTHSC, U. T. System or to the State of Texas,
or any of its boards, agencies, commissions, universities, or elected or appointed
officials); and (5) confirmation of willingness to comply with policies, directives
and guidelines of the UNT System, UNTHSC U. T. System and the OAG for the
State of Texas.
The law firm(s) or attorney(s) will be selected based on demonstrated knowledge
and experience, quality of staff assigned to perform services under the contract,
compatibility with the goals and objectives of UNTHSC, and reasonableness
of proposed fees. The successful firm(s) or attorney(s) will be required to
sign the Texas OAG's Outside Counsel Agreement, and execution of a contract
with UNTHSC is subject to approval by the Texas OAG. UNTHSC reserves the right
to accept or reject any or all responsessubmitted. UNTHSC is not responsible
for and will not reimburse any costs incur red in developing and submitting
a response.
UNTHSC previously contracted with the law firm of Merchant & Gould
LLP for intellectual property services and intends to award one of the contracts
to Merchant & Gould LLP to continue last year's work.
Format and Person to Contact: Two copies of the response are requested.
The response should be typed, preferably double spaced, on 8 1/2 x 11 inch
paper with all pages sequentially numbered, and either stapled or bound together.
They should be sent by mail, facsimile, or electronic mail, or delivered in
person, marked "Response to Request for Information," and addressed to William
S. LeMaistre, JD, MPH, Associate General Counsel, Office of the Vice Chancellor
and General Counsel, UNT System, c/o UNTHSC Legal Affairs, 3500 Camp Bowie
Blvd., Fort Worth, TX, 76107 -2699; or email ; or fax to (817) 735-0433.
Georgia K. Harper, Section Manager for Intellectual Property, Office of
General Counsel, The University of Texas System, 201 West 7th Street, Austin,
Texas 78701 (gharper@utsystem.edu; fax: (512) 499-4523; telephone (512) 499-4462
for questions). Deadline for Submission of Response: All responses must be
received by UNTHSC Legal Affairsthe Office of General Counsel of U. T. System
at the address set forth above no later than 5:00 p.m., Friday, November 30,
2001. Questions regarding this request may be directed to Mr. LeMaistre at
(817) 735-2527.
TRD-200106731
Ronald R. Blanck, D. O.
President
University of North Texas Health Science Center at Fort Worth
Filed: October 31, 2001
Applications Received
Pursuant to the Texas Water Code, Section 6.195, the Texas Water Development
Board provides notice of the following applications received by the Board:
El Paso County Water Authority, 1539 Pawling Drive, El Paso, Texas, 79927-6915,
received August 29, 2001, application for financial assistance in the amount
of $7,780,000 from the Texas Water Development Funds.
City of Nacogdoches, P.O. Drawer 630648, Nacogdoches, Texas, 75963-0648,
received September 29, 2001, application for financial assistance in the amount
of $17,630,000 from the Drinking Water State Revolving Fund.
North Alamo Water Supply Corporation, 420 South Doolittle Road, Edinburg,
Texas, 78539, received August 21, 2001, application for financial assistance
in the amount of $757,011 from the Economically Distressed Areas Account of
the Texas Water Development Funds.
Colorado River Municipal Water District, P. O. Box 869, Big Spring, Texas,
79721-0869, received September 21, 2001, application for financial assistance
in an amount not to exceed $20,800 from the Research and Planning Fund.
Lavaca-Navidad River Authority, P.O. Box 429, Edna, Texas, 77957-0429,
received September 21, 2001, application for financial assistance in an amount
not to exceed $15,000 from the Research and Planning Fund.
Nueces River Authority, Coastal Bend Division, 6300 Ocean Drive, NRC 3100,
Corpus Christi, Texas, 78412, received November 1, 2001, application for financial
assistance in an amount not to exceed $40,000 from the Research and Planning
Fund.
Floyd County Soil and Water Conservation District, U.S. Department of Agriculture
Building, P.O. Box 157, Floydada, Texas, 79235, received June 11, 2001, application
for financial assistance in the amount of $6,410 from the Agricultural Conservation
Grants to Districts Program.
Hartley County Soil and Water Conservation District, Box 15, Hartley, Texas,
79044, received August 7, 2001, application for financial assistance in the
amount of $5,142.75 from the Agricultural Conservation Grants to Districts
Program.
Hudspeth County Underground Water Conservation District No. 1, P.O. Box
212, Dell City, Texas, 79837, received September 28, 2001, application for
financial assistance in the amount of $25,000 from the Agricultural Conservation
Grants to Districts Program.
Wilbarger Soil and Water Conservation District, 5015 College Drive, Room
3, Vernon, Texas, 76384, received October 16, 2000, application for financial
assistance in the amount of $5,120.25 from the Agricultural Conservation Grants
to Districts Program.
Hockley and Lubbock Soil and Water Conservation Districts, 920 Austin,
Levelland, Texas, 79339, received February 9, 2001, application for financial
assistance in the amount of $4,807.50 from the Agricultural Conservation Grants
to Districts Program.
Rolling Plains Groundwater Conservation District, P.O. Box 717, Munday,
Texas, 76371, received September 30, 2001, application for financial assistance
in the amount of $2,381.25 from the Agricultural Conservation Grants to Districts
Program.
Rio Blanco Soil and Water Conservation District, 402 South Ayrshire, Crosbyton,
Texas, 79322, received March 1, 2001, application for financial assistance
in the amount of $4,807.50 from the Agricultural Conservation Grants to Districts
Program.
Wichita Brazos Soil and Water Conservation District, 1101 East Main, Knox
City, Texas, 79529, received February 2, 2000, application for financial assistance
in the amount of $750 from the Agricultural Conservation Grants to Districts
Program.
Delta Lake Irrigation District, Rt. 1, Box 225, Edcouch, Texas, 78538,
received September 28, 2001, application for financial assistance in the amount
of $7,480 from the Agricultural Conservation Grants to Districts Program.
TRD-200106715
Gail L. Allan
Director of Project-Related Legal Services
Texas Water Development Board
Filed: October 31, 2001
Request for Proposal
Invitation and Purpose. Pursuant to Chapter 2254, Subchapter B, Texas Government
Code, the Texas Workers' Compensation Commission (Commission) acting on behalf
of the Health Care Network Advisory Committee (HNAC) announces and publishes
this Request for Proposals (RFP) for the provision of consulting services
to the Commission and the HNAC. The purpose and scope of the project is to
determine whether fee-for-service regional workers' compensation health care
delivery networks designed to improve the quality and reduce the cost of health
care, with active health care management and specific health care services
or a full range of health care services are feasible (Feasibility Study).
The Feasibility Study contains several components, or phases, as specified
elsewhere in the RFP. Consultant(s) (Consultant) may bid individually on separate
phases of the project or on the project as a whole. The Commission anticipates
entering into a contract on behalf of HNAC for consulting services with the
selected Consultant whose qualifications meet or exceed those required in
this RFP. The purpose and scope of the project is defined more specifically
within in the RFP.
Procedure for Award. The Commission shall select Consultant based on demonstrated
competence, knowledge, and qualifications and on the reasonableness of the
proposed fee for the services and responsiveness to the RFP and stated Evaluation
and Selection Criteria as provided in Section 4 of the RFP, after approval
from the Commission Source Select Review Board. The contract will consist
of the RFP, the Consultant's proposal, and any addendums, as finally negotiated
and approved by the Commission.
Contact. The Commission is the Issuing Office and the sole point of contact
for the RFP. All communications concerning this procurement must be in writing
and addressed to:
Hope Teneyuque
Texas Workers' Compensation Commission
4000 South IH 35, MS 72
Austin, Texas 78704-7491
FAX (512) 804-4216
E-MAIL: hope.teneyuque@twcc.state.tx.us
Deadline for Submission of Proposals; Copies. An original and six (6) copies
of each proposal must be submitted to and received in the Issuing Office no
later than 3:00 p.m. (CZT), December 21, 2001. FAXED OR E-MAIL RESPONSES ARE
NOT ACCEPTABLE. Proposals received in the Issuing Office after deadline will
not be accepted.
TRD-200106732
Susan Cory
General Counsel
Texas Workers' Compensation Commission
Filed: October 31, 2001
Brazos Valley Workforce Development Board
Coastal Coordination Council
Request for Proposals for Projects Under Council's Portion of CIAP Funds
Comptroller of Public Accounts
Notice of Contract Award
Office of Consumer Credit Commissioner
Texas Education Agency
Office of the Governor
Request for Proposals
Texas Department of Health
Notice of Emergency Cease and Desist Order on U.S. X-Ray, Inc.
Notice of Preliminary Report for Assessment of Administrative Penalties and Notice of Violation on U.S. X-Ray, Inc.
Notice of Request for Proposals to Provide Capacity Building for Minority Community Based Organizations
Notice of Revocation of Certificates of Registration
Notice of Revocation of Radioactive Material Licenses
Texas Health and Human Services Commission
Notice of Public Hearing Proposed Medicaid Provider Payment Rates, HCS, MRLA and Consolidated Waiver
Texas Department of Housing and Community Affairs
Houston-Galveston Area Council
Request for Grant Applications for Local and Regional Safe and Drug-Free Schools and Communities (SDFSC) Act Fund Programs
Request for Grant Applications for Local and Regional State Criminal Justice Planning (421) Fund Programs
Request for Grant Applications for Local and Regional Victims of Crime Act (VOCA) Fund Programs
Texas Department of Human Services
Texas Department of Insurance
Notice of Application by Small Employer Carrier to Change to Risk-Assuming Carrier for Good Cause
Notice of Application by Small Employer Carriers to be Risk-Assuming Carriers
Notice of Public Hearing
Third Party Administrator Applications
Texas Lottery Commission
Instant Game No. 266 "Break the Bank"
Texas Natural Resource Conservation Commission
Notice of Availability of the Final Damage Assessment and Restoration Plan/Environmental Assessment for Ecological Injuries and Service Losses Associated with the Alcoa Point Comfort/Lavaca Bay Superfund Site, Point Comfort, Texas
Notice of Availability of a Final Damage Assessment and Restoration Plan/Environmental Assessment for Recreational Fishing Service Losses Associated with the Alcoa Point Comfort/Lavaca Bay Superfund Site, Point Comfort, Texas
Notice of Opportunity to Comment on Default Orders of Administrative Enforcement Actions
Notice of Opportunity to Comment on Settlement Agreements of Administrative Enforcement Actions
Notice of Opportunity to Comment on Settlement Agreements of Administrative Enforcement Actions
Notice of Water Rights Application
Request for Comments on the 2002 Clean Water Act §305(b)
Texas Parks and Wildlife Department
Public Utility Commission of Texas
Notice of Application for Service Provider Certificate of Operating Authority
Notice of Application for Waiver of Denial by NANPA of Request for a Second NXX Code
Notice of Application of Southwestern Public Service Company Regarding the Allocation and Payment of Merger Savings Credits
Notice of Application to Amend Certificate of Convenience and Necessity
Notice of Application to Amend Certificate of Convenience and Necessity for Minor Boundary Change
Notice of ERCOT's Filing of its Petition for Approval of Governance Changes
Notice of Joint Application to Amend Certificated Service Area Boundaries
Public Notice of Amendment to Interconnection Agreement
Public Notice of Amendment to Interconnection Agreement
Public Notice of Amendment to Interconnection Agreement
Public Notice of Amendment to Interconnection Agreement
Public Notice of Amendment to Interconnection Agreement
Public Notice of Intent to File Pursuant to P.U.C. Substantive Rule §26.214
Public Notice of Intent to File Pursuant to P.U.C. Substantive Rule §26.214
Public Notice of Intent to File Pursuant to P.U.C. Substantive Rule §26.214
Public Notice of Intent to File Pursuant to P.U.C. Substantive Rule §26.214
Public Notice of Intent to File Pursuant to P.U.C. Substantive Rule §26.214
Public Notice of Intent to File Pursuant to P.U.C. Substantive Rule §26.214
Public Notice of Interconnection Agreement
Public Notice of Interconnection Agreement
Public Notice of Interconnection Agreement
Public Notice of Interconnection Agreement
Texas Racing Commission
San Antonio-Bexar County Metropolitan Planning Organization
University of North Texas Health Science Center
Texas Water Development Board
Texas Workers' Compensation Commission
Texas Workforce Commission