Coastal Coordination Council
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 deemed administratively complete
for the following projects(s) during the period of January 9, 2003, through
January 16, 2003. The public comment period for these projects will close
at 5:00 p.m. on February 21, 2003.
FEDERAL AGENCY ACTIONS:
Applicant: National Energy Group, Inc.; Location: The project is located
within Sabine Lake, approximately 11.5 miles southwest of Orange, Orange County,
Texas. The project can be located on the U.S.G.S. quadrangle map entitled
West of Greens Bayou, Texas. Approximate UTM Coordinates: Zone: 15; Easting:
420500; Northing: 3312932. Project Description: The applicant proposes to
install a 160-foot-long by 76-foot-wide by 2-foot-deep shell pad, a 150-foot
by 66-foot cement production barge, a 100-foot-long by 4-foot-wide walkway,
and 122 linear feet of 3.5 inch flow line. The applicant also proposes to
install ten 5-pile clusters to hold the cement production barge in place.
The amount of fill associated with the proposed shell pad would be approximately
900 cubic yards. The proposed shell pad and walkway would cover approximately
0.28-acre of Sabine Lake. The proposed production barge would displace 2,933
cubic yards of water within Sabine Lake. The proposed production barge would
store salt water from the production of State Tract 8 Number 1 Well. The product
from Well Number 1 would travel through the proposed 122-foot 3.5-inch flow
line to the production barge. Once on the proposed production barge, a 3-phase
separator would then separate the product from saltwater. The saltwater would
then be stored in four 500-barrel (bbl) tanks. The schedule for pumping the
saltwater off the barge has not yet been determined. The applicant foresees
the removal of the saltwater from the proposed production barge would be on
an as needed basis. A survey for oyster reefs and
Rangia
sp. clam beds is being conducted concurrently with this notice
within the project area. The results of this survey should be available prior
to the end of the comment period. CCC Project No.: 03-0008-F1; Type of Application:
U.S.A.C.E. permit application #22921 is being evaluated under §10 of
the Rivers and Harbors Act of 1899 (33 U.S.C.A. §403) and §404 of
the Clean Water Act (33 U.S.C.A. §125-1387). 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: National Energy Group, Inc.; Location: The project is located
in the north end of Sabine Lake, Orange County, Texas. The project can be
located on the U.S.G.S. quadrangle map entitled West of Greens Bayou, Texas.
Approximate UTM Coordinates for the west terminus: Zone: 15; Easting: 420452;
Northing: 3312951. Approximate UTM Coordinates for the east terminus: Zone:
15; Easting: 423882; Northing: 3316296. Project Description: The applicant
proposes to install, operate, and maintain 16,033 feet of 6-inch diameter
pipeline for oil and gas production and transportation activities to produce
the State Tract 8 No. 1 Well. The pipeline would be jetted in place a minimum
of 3 feet below the mudline. The proposed pipeline would temporarily affect
1.84 acres of lake bottom (0.88 acre within Texas and 0.96 acre within Louisiana).
Approximately 7,667 feet of the pipeline would be within the State of Texas
and 8,366 feet of the pipeline would be within the State of Louisiana. A survey
for oyster reefs and Rangia sp. clam beds is being conducted concurrently
with this notice within the project area. The results of this survey should
be available prior to the end of the comment period. CCC Project No.: 03-0009-F1;
Type of Application: U.S.A.C.E. permit application #22930 is being evaluated
under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. §403)
and §404 of the Clean Water Act (33 U.S.C.A. §125-1387). 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: Arthur (Artie) Presley, Jr.; Location: The project is located
in Trinity Bay and Double Bayou at 142 Jackson Drive, Oak Island, Chambers
County, Texas. The project can be located on the U.S.G.S. quadrangle map entitled
Oak Island, Texas. Approximate UTM Coordinates: Zone: 15; Easting: 335868;
Northing: 3281638. Project Description: The applicant proposes to prepare
a 2.04-acre site for a camping facility and lodge on Trinity Bay. The applicant
proposes to reconfigure an existing pier located on the south side of the
property and extending it into Double Bayou. The new pier would utilize the
existing pilings and would include covered boat stalls. The applicant would
also construct a new 6- by 230-foot pier with a 15- by 24-foot T-head extending
into Trinity Bay on the west side of the property. In addition, the applicant
proposes to clean up debris, remove two old shrimp boats and existing bulkheading.
The applicant also proposes to retain, in place, an old partially sunken barge
located on site in Double Bayou. The barge would be fixed up to serve as a
fishing pier. CCC Project No.: 03-0010-F1; Type of Application: U.S.A.C.E.
permit application #22939 is being evaluated under §10 of the Rivers
and Harbors Act of 1899 (33 U.S.C.A. §403) and §404 of the Clean
Water Act (33 U.S.C.A. §125-1387). NOTE: The CMP consistency review for
this project may be conducted by the Texas Commission on Environmental Quality
as part of its certification under §401 of the Clean Water Act.
Pursuant to §306(d)(14) of the Coastal Zone Management Act of 1972
(16 U.S.C.A. §§1451-1464), as amended, interested parties are invited
to submit comments on whether a proposed action is or is not consistent with
the Texas Coastal Management Program goals and policies and whether the action
should be referred to the Coastal Coordination Council for review.
Further information on the applications listed above may be obtained from
Ms. Diane P. Garcia, Council Secretary, Coastal Coordination Council, P.O.
Box 12873, Austin, Texas 78711-2873, 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-200300377
Larry L. Lane
Chief Clerk/Deputy Land Commissioner, General Land Office
Coastal Coordination Council
Filed: January 22, 2003
Notice of Request for Proposals
Pursuant to Chapter 2254, Subchapter B, and Sections 403.011 and 403.020,
Texas Government Code, the Comptroller of Public Accounts (Comptroller) announces
the issuance of a Request for Proposals (RFP #151a) from qualified, independent
firms to provide consulting services to Comptroller. The successful respondent
will assist Comptroller in conducting a management and performance review
of the Llano Independent School District (Llano ISD). Comptroller reserves
the right, in its sole discretion, to award one or more contracts for a review
of the Llano ISD included in this RFP. The successful respondent(s) will be
expected to begin performance of the contract or contracts, if any, on or
about March 20, 2003.
Contact: Parties interested in submitting a proposal should contact Clay
Harris, Assistant General Counsel, Contracts, Comptroller of Public Accounts,
111 E. 17th St., ROOM G-24, Austin, Texas, 78774, telephone number: (512)
305-8673, to obtain a copy of the RFP. Comptroller will mail copies of the
RFP only to those specifically requesting a copy. The RFP was made available
for pick-up at the above-referenced address on Friday, January 31, 2003, between
2 p.m. and 5 p.m., Central Zone Time (CZT), and during normal business hours
thereafter. Comptroller also made the complete RFP available electronically
on the Texas Marketplace at: http://esbd.tbpc.state.tx.us after 2 p.m. (CZT)
on Friday, January 31, 2003.
Mandatory Letters of Intent and Questions: All Mandatory Letters of Intent
and questions regarding the RFP must be sent via facsimile to Mr. Harris at:
(512) 475-0973, not later than 2:00 p.m. (CZT), on Tuesday, February 18, 2003.
Official responses to questions received by the foregoing deadline will be
posted electronically on the Texas Marketplace no later than February 21,
2003, or as soon thereafter as practical. Mandatory Letters of Intent received
after the 2:00 p.m., February 18th deadline will not be considered. Respondents
shall be solely responsible for confirming the timely receipt of Mandatory
Letters of Intent to propose.
Closing Date: Proposals must be received in Assistant General Counsel's
Office at the address specified above (ROOM G-24) no later than 2 p.m. (CZT),
on Friday, February 28, 2003. Proposals received after this time and date
will not be considered. Proposals will not be accepted from respondents that
do not submit mandatory letters of intent by the February 18, 2003, deadline.
Respondents shall be solely responsible for confirming the timely receipt
of proposals.
Evaluation and Award Procedure: All proposals will be subject to evaluation
by a committee based on the evaluation criteria and procedures set forth in
the RFP. Comptroller will make the final decision regarding the award of a
contract or contracts. Comptroller reserves the right to award one or more
contracts under this RFP.
Comptroller reserves the right to accept or reject any or all proposals
submitted. Comptroller is under no legal or other obligation to execute any
contracts on the basis of this notice or the distribution of any RFP. Comptroller
shall not pay for any costs incurred by any entity in responding to this Notice
or the RFP.
The anticipated schedule of events is as follows: Issuance of RFP - January
31, 2003, 2 p.m. CZT; All Mandatory Letters of Intent and Questions Due -
February 18, 2003, 2 p.m. CZT; Official Responses to Questions Posted - February
21, 2003, or as soon thereafter as practical; Proposals Due - February 28,
2003, 2 p.m. CZT; Contract Execution - March 20, 2003, or as soon thereafter
as practical; Commencement of Project Activities - March 20, 2003.
TRD-200300328
William Clay Harris
Assistant General Counsel, Contracts
Comptroller of Public Accounts
Filed: January 21, 2003
Pursuant to Section 1201.027, Texas Government Code; Chapter 2254, Subchapter
B, Texas Government Code; and Chapter 404, Subchapter H, Texas Government
Code, the Comptroller of Public Accounts (Comptroller) announces its Request
for Proposals (RFP #152d) from qualified, independent firms to serve as Financial
Advisor to the Comptroller. The Comptroller desires to obtain the services
of a Financial Advisor in connection with two tasks. Task A is related to
the document preparation, issuance, sale, and delivery of Tax and Revenue
Anticipation Notes, including Commercial Paper Notes (Notes). Task B involves
research and related matters pertinent to bond and securities issues. The
successful respondent will be expected to begin performance of the contract
on or about March 17, 2003.
Contact: Parties interested in submitting a proposal should contact John
C. Wright, Assistant General Counsel, Contracts, Comptroller of Public Accounts,
111 E. 17th St., RM G-24, Austin, Texas, 78774, telephone number: (512) 305-8673,
to obtain a copy of the RFP. The Comptroller will mail copies of the RFP only
to those specifically requesting a copy. The RFP will be available for pick-up
at the above-referenced address on January 31, 2003, between 2:00 p.m. and
5:00 p.m., Central Zone Time (CZT), and during normal business hours thereafter.
The Comptroller will also make the RFP available electronically on the Texas
Marketplace after Friday, January 31, 2003, 2:00 p.m. (CZT).
Questions and Non-Mandatory Letters of Intent: All written inquiries, questions,
and non-mandatory Letters of Intent to propose must be received at the above-referenced
address not later than 2:00 p.m. (CZT) on Monday, February 10, 2003. Prospective
respondents are encouraged to fax non-mandatory Letters of Intent and Questions
to (512) 475-0973 to ensure timely receipt. The Letter of Intent must be addressed
to John C. Wright, Assistant General Counsel, Contracts, and must contain
the information as stated in the corresponding Section of the RFP and be signed
by an official of that entity. Non-mandatory Letters of Intent and Questions
received after this time and date will not be considered. On or about Thursday,
February 13, 2003, the Comptroller expects to post responses to questions
as a revision to the Texas Marketplace notice on the issuance of this RFP.
Closing Date: Proposals must be delivered to the Office of the Assistant
General Counsel, Contracts, at the location specified above (ROOM G24) no
later than 2:00 p.m. (CZT), on Tuesday, February 25, 2003. Proposals received
in ROOM G24 after this time and date will not be considered regardless of
the reason for the late delivery and receipt. Respondents are encouraged to
verify and are solely responsible for verifying timely receipt of proposals
in that office (ROOM G24).
Evaluation Criteria: Proposals will be evaluated under the evaluation criteria
outlined in the RFP. The Comptroller shall make the final decision on any
contract award or awards resulting from this RFP.
The Comptroller reserves the right, in its sole discretion, to accept or
reject any or all proposals submitted. The Comptroller is not obligated to
award or execute any contracts on the basis of this notice or the distribution
of any RFP. The Comptroller shall not pay for any costs incurred by any entity
in responding to this notice or the RFP.
The anticipated schedule of events is as follows: Issuance of RFP - January
31, 2003, 2:00 p.m. CZT; Non-Mandatory Letter of Intent to propose and Questions
Due - February 10, 2003, 2:00 p.m. CZT; Official Responses to Questions posted
- February 13, 2003, or as soon thereafter as practical; Proposals Due - February
25, 2003, 2:00 p.m. CZT, Contract Execution - March 14, 2003, or as soon thereafter
as practical; Commencement of Project Activities - March 17, 2003.
TRD-200300356
Pamela Ponder
Deputy General Counsel for Contracts
Comptroller of Public Accounts
Filed: January 22, 2003
Application(s) to Expand Field of Membership
Notice is given that the following applications have been filed with the
Credit Union Department and are under consideration:
An application was received from Texas Dow Employees Credit Union, Lake
Jackson, Texas to expand its field of membership. The proposal would permit
employees of Kelly Engineering Resources at Dow Houston, Freeport and Texas
City, Texas, to be eligible for membership in the credit union.
An application was received from EDS Credit Union, Plano, Texas to expand
its field of membership. The proposal would permit employees of subsidiary
companies of EDS and any on-site full time contractors/vendors who have a
business relationship with EDS and who regularly work on EDS facilities at
one or more EDS locations throughout the United States, to be eligible for
membership in the credit union.
An application was received from EDS Credit Union, Plano, Texas to expand
its field of membership. The proposal would permit persons who live, work
or are located in the business oriented development known as Legacy Business
Park, in Plano, Texas which is bounded by Highway 121 on the North, Preston
Road on the East, and Spring Creek Parkway on the South and West, to be eligible
for membership in the credit union.
Comments or a request for a meeting by any interested party relating to
an application must be submitted in writing within 30 days from the date of
this publication. Credit unions that wish to comment on any application must
also complete a Notice of Protest form. The form may be obtained by contacting
the Department at (512) 837-9236 or downloading the form at http://www.tcud.state.tx.us/applications.html.
Any written comments must provide all information that the interested party
wishes the Department to consider in evaluating the application. All information
received will be weighed during consideration of the merits of an application.
Comments or a request for a meeting should be addressed to the Texas Credit
Union Department, 914 East Anderson Lane, Austin, Texas 78752-1699.
TRD-200300163
Harold E. Feeney
Commissioner
Credit Union Department
Filed: January 13, 2003
In accordance with the provisions of 7 TAC Section 91.103, the Credit Union
Department provides notice of the final action taken on the following application(s):
Application(s) to Expand Field of Membership - Approved
GTX Credit Union, Houston, Texas - See
Texas Register
issue dated November 29, 2002.
TRD-200300164
Harold E. Feeney
Commissioner
Credit Union Department
Filed: January 13, 2003
Request for Proposals
The Deep East Texas Workforce Development Board is seeking proposals from
qualified organizations to provide effective and comprehensive activities
to assist eligible in-school and out-of-school youth ages 14 through 21 to
achieve academic and employment success. The activities solicited are those
authorized under Title 1 of the Workforce Investment Act (WIA) of 1998.
The Deep East Texas Local Workforce Development Board plans, oversees and
evaluates employment and training services to Angelina, Jasper, Newton, Nacogdoches,
Houston, Trinity, Shelby, Polk, San Augustine, San Jacinto, Sabine and Tyler
Counties.
Proposers are asked to submit a proposal for comprehensive year-round services
to youth in all 12 counties including administration and delivery of the ten
program elements required by the WIA.
RFP release date: Friday, January 17, 2003
Bidder's Conference: 10:00 a.m., February 7, 2003 in the Board Meeting
Room at 1316 S. John Redditt, Suite C, Lufkin, Texas. Technical assistance
will be limited to information at the Bidder's Conference.
Deadline for submission of proposals: 12:00 Noon, April 30, 2003
Requests for copies of the RFP can be made to:
Chris Gaston, Procurement/Contract Manager
Deep East Texas Local Workforce Development Board, Inc.
1318 S. John Redditt Drive, Suite C
Lufkin, Texas 75904
Phone: (936) 639-8898 Fax: (936) 633-7491
Email: chris.gaston@twc.state.tx.us
TRD-200300281
Chris Gaston
Procurement/Contract Manager
Deep East Texas Local Workforce Development Board
Filed: January 17, 2003
Request for Applications Concerning Public Charter Schools Dissemination
Eligible Applicants. The Texas Education Agency (TEA) is requesting competitive
applications under Request for Applications (RFA)-#701-03-009 from open-enrollment
and local campus charter schools as established by the Texas Education Code,
Chapter 12, to support dissemination activities. Open-enrollment charter schools
that have been in operation for at least three complete and consecutive years
and have demonstrated overall success are eligible to apply. Eligibility criteria
include the following: (1) improved student performance in reading and mathematics
for two of the last three years; (2) accountability rating "Acceptable" or
higher for 2001-2002, 2000- 2001, and 1999-2000; (3) parent satisfaction (examples
may include parent surveys/evaluations); and (4) financial viability based
on a review of (a) the school’s business plan, (b) cash flow projection,
(c) the audit reports filed with the TEA for the last three fiscal years,
(d) unaudited financial statements for the current fiscal year, and (e) documentation
demonstrating that the school has filed reports and paid amounts due to the
TEA, the Internal Revenue Service, and the Teacher Retirement System of Texas.
Campus charters and campus program charters that have been successfully operating
under TEC, Chapter 12, Subchapter C, for three consecutive years and meet
criteria (1)-(4) are also eligible to apply. Applications will be mailed automatically
to each public charter school approved by the State Board of Education (SBOE)
that has been in operation for three complete and consecutive school years.
Eligible campus charters and campus program charters may request a copy of
the RFA from TEA.
Description. In accordance with the purpose of the federal Public Charter
Schools Dissemination Grant Program, funds may be used to support activities
that help open new public schools (including public charter schools) or share
the lessons learned by charter schools with other public schools. Allowable
activities may include: (a) assisting other individuals with the planning
and start-up of one or more new public schools, including charter schools,
that are independent of the assisting charter school and its developers and
that agree to be held to at least as high a level of accountability as the
assisting charter school; (b) developing partnerships with other public schools,
including charter schools, designed to improve student performance in each
of the schools participating in the partnership; (c) sharing curriculum materials,
assessments, and other materials that promote increased student achievement
and are based on successful practices within the assisting charter school;
(d) conducting evaluations that document the successful practices of the assisting
charter school that are designed to improve student achievement; (e) conducting
surveys that involve successful practices of other charter schools and disseminating
information to interested educators; (f) establishing a clearinghouse and
supportive technical assistance of effective policy, curriculum, administrative
practices, and materials such as forms and "to do" lists; and/or (g) coordinating
with public and private entities for delivery of technical assistance, including
participation in regional and state conferences and providing on-site consultation
and support.
Dates of Project. The federal Public Charter Schools Dissemination Grant
Program will be implemented between May 1, 2003, and April 30, 2005. Applicants
should plan for a starting date of no earlier than May 1, 2003, and an ending
date of no later than April 30, 2005.
Project Amount. Funding will be provided for the charter schools that have
had three years of successful operation and that meet the eligibility criteria.
Not more than one grant will be awarded in an amount not to exceed $400,000
each for two years for activities (e) through (g) shown above. It is anticipated
that one to five grants will be awarded not to exceed $40,000 for each year
for activities (a) through (d). Applicants previously awarded one-year dissemination
grants are eligible for one additional year of funding. Project funding in
any subsequent year will be based on satisfactory progress of the first-year
objectives and activities and on general budget approval by the SBOE and the
commissioner of education and appropriations by the U.S. Congress. This project
is funded 100% from the Public Charter Schools federal funds.
The TEA is not obligated to approve an application, provide funds, or endorse
any application submitted. The TEA is not committed to pay any costs before
an application is approved. The TEA is not obligated to award a grant or pay
any costs incurred in preparing an application.
Requesting the Application. A copy of RFA #701-03-009 is being mailed to
each public charter school approved by the SBOE that has been in operation
for three complete and consecutive school years. Campus charters, campus program
charters, and other interested parties may obtain a copy of RFA #701-03-009
by writing to the: Document Control Center, Room 6-108, Texas Education Agency,
William B. Travis Building, 1701 N. Congress Avenue, Austin, Texas 78701;
by calling (512) 463-9304; by faxing (512) 463-9811; or by e-mailing dcc@tea.state.tx.us.
Please provide your name, complete mailing address, and telephone number including
area code and refer to RFA #701-03-009 in your request. The announcement letter
and complete RFA will also be posted on the TEA website at http://www.tea.state.tx.us./charter/rfa.htm
for viewing and downloading.
Selection Criteria. A complete description of selection criteria is included
in the RFA.
Further Information. For clarifying information about the RFA, contact
Esther Murguia Garcia or Mary Perry, Division of Charter Schools, TEA, (512)
463-9575.
Deadline for Receipt of Applications. Applications must be received in
the Document Control Center of the TEA no later than 5:00 p.m. (Central Time),
Tuesday, March 25, 2003, to be eligible to be considered for funding.
TRD-200300375
Cristina De La Fuente-Valadez
Manager, Policy Planning
Texas Education Agency
Filed: January 22, 2003
Consultant Contract Award Notification
This award for consulting services is being filed pursuant to the provisions
of the Texas Government Code Annotated §2254.030. The consultant will
assist and advise ERS in matters concerning statutes, regulations, legislative
documents and historical information relating to Texas public retirement issues.
Services to be performed by contractor are necessary to the performance of
the ERS Board of Trustees' fiduciary duties under the state constitution,
as contemplated by Texas Government Code §2254.024(a)(6). The contractor
is Craig Hudgins, Austin, Texas. The total cost for the contract is not to
exceed $20,000.00, and the term of the contract is from January 1, 2003 through
December 31, 2003.
TRD-200300345
Sheila Beckett
Executive Director
Employees Retirement System of Texas
Filed: January 21, 2003
Enforcement Orders
An amended agreed order was entered regarding General Cable Industries,
Incorporated, Docket No. 1999-1045-IHW-E on January 14, 2003.
Information concerning any aspect of this order may be obtained by contacting
Lisa Lemanczyk, Staff Attorney at (512)239-5915, Texas Commission on Environmental
Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Maxim Production Co., Inc., Docket
No. 2000-1011- AIR-E on January 14, 2003 assessing $6,250 in administrative
penalties.
Information concerning any aspect of this order may be obtained by contacting
Robert Hernandez, Staff Attorney at (210)403-4016, Texas Commission on Environmental
Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding National Oil Recovery Corporation,
Docket No. 2000- 0586-MLM-E on January 14, 2003 assessing $33,500 in administrative
penalties.
Information concerning any aspect of this order may be obtained by contacting
James Biggins, Staff Attorney at (210)490-3093, Texas Commission on Environmental
Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding WRE Utilities, Inc., Docket No. 2000-0202-MWD-E
on January 14, 2003 assessing $22,000 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Troy Nelson, Staff Attorney at (903)535-5100, Texas Commission on Environmental
Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Engine Components, Inc., Electro-Coatings,
Inc. and Advanced Graphics Technologies, Inc., Docket No. 1995-0884-IHW-E
on January 14, 2003 assessing $61,600 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Richard O'Connell, Staff Attorney at (512)239-5528, Texas Commission on Environmental
Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Ocean Petroleum, Inc., Docket No.
2001-0027-PST-E on January 14, 2003 assessing $2,500 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Troy Nelson, Staff Attorney at (903)525-0380, Texas Commission on Environmental
Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Klaas Talsma dba Klaas Talsma Dairy,
Docket No. 2001- 0443-AGR-E on January 14, 2003 assessing $11,250 in administrative
penalties.
Information concerning any aspect of this order may be obtained by contacting
Robin Chapman, Staff Attorney at (512)239-0497, Texas Commission on Environmental
Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Shezy Enterprises, Inc. dba Fina
Truck Stop, Docket No. 2001-1252-IWD-E on January 14, 2003 assessing $5,000
in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Cheryl Thompson, Enforcement Coordinator at (817)588-5886, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding NKJ Enterprise, Inc. dba NK Texaco,
Docket No. 2001- 0930-PST-E on January 14, 2003 assessing $4,400 in administrative
penalties.
Information concerning any aspect of this order may be obtained by contacting
Laurencia Fasoyiro, Staff Attorney at (713)422-8914, Texas Commission on Environmental
Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Geenia, Inc. dba Shepherd Food Mart,
Docket No. 2002- 0642-PST-E on January 14, 2003 assessing $5,500 in administrative
penalties.
Information concerning any aspect of this order may be obtained by contacting
John Sumner, Staff Attorney at (915)620-6118, Texas Commission on Environmental
Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Murphy Resources Incorporated dba
Texaco C-Mart, Docket No. 2002-0012-PST-E on January 14, 2003 assessing $750
in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Robert Hernandez, Jr., Staff Attorney at (210)403-4016, Texas Commission on
Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Ticona Polymers, Inc., Docket No.
2002-0356-AIR-E on January 14, 2003 assessing $1,250 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
James Biggins, Staff Attorney at (210)403-4017, Texas Commission on Environmental
Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Antonio Castillo dba A. Castillo &
Sons Dump Trucking, Docket No. 2002-0383-MSW-E on January 14, 2003 assessing
$10,000 in administrative penalties with $2,000 deferred.
Information concerning any aspect of this order may be obtained by contacting
Jaime Garza, Enforcement Coordinator at (956)430-6030, Texas Commission on
Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding BP America Production Company, Docket
No. 2002- 0740-AIR-E on January 14, 2003 assessing $1,875 in administrative
penalties with $375 deferred.
Information concerning any aspect of this order may be obtained by contacting
Gary Shipp, Enforcement Coordinator at (806)796-7092, Texas Commission on
Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding C.P. Transport, Inc., Docket No.
2002-0681-PST-E on January 14, 2003 assessing $500 in administrative penalties
with $100 deferred.
Information concerning any aspect of this order may be obtained by contacting
Trina Grieco, Enforcement Coordinator at (713)767-3607, Texas Commission on
Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding C & C Country Store, Inc., Docket
No. 2002-0616-PST- E on January 14, 2003 assessing $1,875 in administrative
penalties with $375 deferred.
Information concerning any aspect of this order may be obtained by contacting
Carolyn Lind, Enforcement Coordinator at (903)535-5145, Texas Commission on
Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Duininck Brothers, Inc., Docket No.
2002-0233-AIR-E on January 14, 2003 assessing $750 in administrative penalties
with $150 deferred.
Information concerning any aspect of this order may be obtained by contacting
Carolyn Easley, Enforcement Coordinator at (915)698-9674, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding El Paso Field Services, L.P., Docket
No. 2002-0491- AIR-E on January 14, 2003 assessing $900 in administrative
penalties with $180 deferred.
Information concerning any aspect of this order may be obtained by contacting
Trina Grieco, Enforcement Coordinator at (713)767-3607, Texas Commission on
Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding HMA Mesquite Hospital, Inc. dba The
Medical Center of Mesquite, Docket No. 2002-0706-PST-E on January 14, 2003
assessing $1,800 in administrative penalties with $360 deferred.
Information concerning any aspect of this order may be obtained by contacting
Wendy Cooper, Enforcement Coordinator at (817)588-5867, Texas Commission on
Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Mikeska Gin & Grain Company,
Docket No. 2002-0424- PST-E on January 14, 2003 assessing $5,500 in administrative
penalties with $1,100 deferred.
Information concerning any aspect of this order may be obtained by contacting
Gary Shipp, Enforcement Coordinator at (806)796-7092, Texas Commission on
Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Parkway Utility District, Docket
No. 2002-0536-PWS-E on January 14, 2003 assessing $938 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Catherine Albrecht, Enforcement Coordinator at (713)767-3672, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Petro-Chemical Transport, Inc., Docket
No. 2002-0393- PST-E on January 14, 2003 assessing $4,500 in administrative
penalties with $900 deferred.
Information concerning any aspect of this order may be obtained by contacting
John Barry, Enforcement Coordinator at (409)899-8781, Texas Commission on
Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Southwest Canners of Texas, Inc.
and Ryder Truck Rental, Inc., Docket No. 2002-0602-PST-E on January 14, 2003
assessing $13,500 in administrative penalties with $2,700 deferred.
Information concerning any aspect of this order may be obtained by contacting
John Barry, Enforcement Coordinator at (409)899-8781, Texas Commission on
Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding The Wonder Company, Docket No. 2001-1559-IWD-E
on January 14, 2003 assessing $14,963 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Katharine Hodgins, SEP Coordinator at (512)239-5731, Texas Commission on Environmental
Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Universal Transport, Inc., Docket
No. 2002-0710-PST-E on January 14, 2003 assessing $2,000 in administrative
penalties with $400 deferred.
Information concerning any aspect of this order may be obtained by contacting
Wendy Cooper, Enforcement Coordinator at (817)588-5867, Texas Commission on
Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Ysleta Del Sur Pueblo, Docket No.
2002-0200-AIR-E on January 14, 2003 assessing $1,000 in administrative penalties
with $200 deferred.
Information concerning any aspect of this order may be obtained by contacting
David Van Soest, Enforcement Coordinator at (512)239-0468, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
TRD-200300339
LaDonna Castañuela
Chief Clerk
Texas Commission on Environmental Quality
Filed: January 21, 2003
For the Period of January 8, 2003
APPLICATION Shell Oil Company, P. O. Box 100, Deer Park, Texas 77536, an
industrial and hazardous waste management facility has applied to the Texas
Commission on Environmental Quality (TCEQ) for a compliance plan major amendment
to authorize the adoption of performance based operations standards for groundwater
monitoring and corrective action, change the point of compliance, revise sampling
frequency and revise financial assurance costs. The facility is located on
a 1600 acre tract of land, north of State Highway 225 and approximately one
mile west of State Highway 134 in Deer Park, Harris County, Texas. This application
was submitted to the TCEQ on August 2, 2002.
The TCEQ executive director has reviewed this action for consistency with
the goals and policies of the Texas Coastal Management Program (CMP) in accordance
with the regulations of the Coastal Coordination Council and has determined
that the action is consistent with the applicable CMP goals and policies.
The TCEQ executive director has completed the technical review of the application
and prepared a draft compliance plan. The draft compliance plan, if approved,
would establish the conditions under which the facility must operate. The
executive director has made a preliminary decision that this compliance plan,
if issued, meets all statutory and regulatory requirements. The compliance
plan application, executive director's preliminary decision, and draft compliance
plan are available for viewing and copying at the Deer Park Public Library,
3009 Center Street, Deer Park, Texas 77536.
PUBLIC COMMENT / PUBLIC MEETING. You may submit public comments or request
a public meeting about this application. The purpose of a public meeting is
to provide the opportunity to submit comments or to ask questions about the
application. Generally, the TCEQ will hold a public meeting if the executive
director determines that there is a significant degree of public interest
in the application or if requested by a local legislator. A public meeting
is not a contested case hearing.
Written public comments and requests for a public meeting must be submitted
to the Office of the Chief Clerk, MC 105, TCEQ, P.O. Box 13087, Austin, TX
78711-3087 within 45 days from the date of newspaper publication of this notice.
OPPORTUNITY FOR A CONTESTED CASE HEARING. After the deadline for public
comments, the executive director will consider the comments and prepare a
response to all relevant and material or significant public comments. The
response to comments, along with the executive director's decision on the
application, will be mailed to everyone who submitted public comments or is
on the mailing list for this application. If comments are received, the mailing
will also provide instructions for requesting a contested case hearing or
reconsideration of the executive director's decision. A contested case hearing
is a legal proceeding similar to a civil trial in a state district court.
A contested case hearing will only be granted based on disputed issues
of fact that are relevant and material to the Commission's decision on the
application. Further, the Commission will only grant a hearing on issues that
were raised during the public comment period and not withdrawn. Issues that
are not raised in public comment may not be considered during a hearing.
EXECUTIVE DIRECTOR ACTION. The executive director may issue final approval
of the application unless a timely contested case hearing request or request
for reconsideration is filed. If a timely hearing request or request for reconsideration
is filed, the executive director will not issue final approval of the compliance
plan and will forward the application and requests to the TCEQ Commissioners
for their consideration at a scheduled Commission meeting.
MAILING LIST. In addition to submitting public comments, you may ask to
be placed on a mailing list to receive future public notices mailed by the
Office of the Chief Clerk. You may request to be added to: (1) the mailing
list for this specific application; (2) the permanent mailing list for a specific
applicant name and permit number; and/or (3) the permanent mailing list for
a specific county. Clearly specify which mailing list(s) to which you wish
to be added and send your request to the TCEQ Office of the Chief Clerk at
the address below. Unless you otherwise specify, you will be included only
on the mailing list for this specific application.
INFORMATION. If you need more information about this permit application
or the permitting process, please call the TCEQ Office of Public Assistance,
Toll Free, at 1-800-687-4040. General information about the TCEQ can be found
at our web site at www.TCEQ.state.tx.us.
Further information may also be obtained from Shell Oil Company at the
address stated above or by calling Mr. Richard Bourns, Environmental Manager
at (713) 246-4680.
TRD-200300338
LaDonna Castañuela
Chief Clerk
Texas Commission on Environmental Quality
Filed: January 21, 2003
For the Period of January 6, 2003
APPLICATION Safety-Kleen Systems, Inc., 202 Michael Place, Longivew, Texas
76502, a commercial hazardous waste management facility has applied to the
Texas Commission on Environmental Quality (TCEQ) for a permit renewal/minor
amendment to authorize the continued operation of four existing tanks and
two container storage areas for the storage and processing of hazardous and
Class 1, Class 2 and Class 3 industrial (non-hazardous) solid wastes. The
minor amendment includes the inclusion of air calculations into the Part B
application, the addition of Aqueous Parts Cleaner, Aqueous Brake Cleaner,
Vacuum Heel Sludge, Contaminated Debris, and Transfer Waste to the list of
approved wastestreams, and updated emergency information, including amended
letters to local authorities. The facility is located approximately 200 feet
north of FM 1845, on approximately one acre, in Longview, Gregg County, Texas.
This application was submitted to the TCEQ on November 6, 2001.
The TCEQ executive director has completed the technical review of the application
and prepared a draft permit renewal plan. The draft permit renewal plan, if
approved, would establish the conditions under which the facility must operate.
The executive director has made a preliminary decision that this permit renewal
plan, if issued, meets all statutory and regulatory requirements. The permit
renewal plan application, executive director's preliminary decision, and draft
permit renewal plan are available for viewing and copying at the Longview
Public Library, 222 West Cotton, Longview, Texas 75601.
PUBLIC COMMENT / PUBLIC MEETING. You may submit public comments or request
a public meeting about this application. The purpose of a public meeting is
to provide the opportunity to submit comments or to ask questions about the
application. Generally, the TCEQ will hold a public meeting if the executive
director determines that there is a significant degree of public interest
in the application if requested in writing by an affected person, or if requested
by a local legislator. A public meeting is not a contested case hearing.
Written public comments and requests for a public meeting must be submitted
to the Office of the Chief Clerk, MC 105, TCEQ, P.O. Box 13087, Austin, TX
78711-3087 within 45 days from the date of newspaper publication of this notice.
OPPORTUNITY FOR A CONTESTED CASE HEARING. After the deadline for public
comments, the executive director will consider the comments and prepare a
response to all relevant and material or significant public comments. The
response to comments, along with the executive director's decision on the
application, will be mailed to everyone who submitted public comments or is
on the mailing list for this application. If comments are received, the mailing
will also provide instructions for requesting a contested case hearing or
reconsideration of the executive director's decision. A contested case hearing
is a legal proceeding similar to a civil trial in a state district court.
A contested case hearing will only be granted based on disputed issues
of fact that are relevant and material to the Commission's decision on the
application. Further, the Commission will only grant a hearing on issues that
were raised during the public comment period and not withdrawn. Issues that
are not raised in public comment may not be considered during a hearing.
EXECUTIVE DIRECTOR ACTION. The executive director may issue final approval
of the application unless a timely contested case hearing request or request
for reconsideration is filed. If a timely hearing request or request for reconsideration
is filed, the executive director will not issue final approval of the permit
renewal and will forward the application and requests to the TCEQ Commissioners
for their consideration at a scheduled Commission meeting.
MAILING LIST. In addition to submitting public comments, you may ask to
be placed on a mailing list to receive future public notices mailed by the
Office of the Chief Clerk. You may request to be added to: (1) the mailing
list for this specific application; (2) the permanent mailing list for a specific
applicant name and permit number; and/or (3) the permanent mailing list for
a specific county. Clearly specify which mailing list(s) to which you wish
to be added and send your request to the TCEQ Office of the Chief Clerk at
the address below. Unless you otherwise specify, you will be included only
on the mailing list for this specific application.
INFORMATION. If you need more information about this permit application
or the permitting process, please call the TCEQ Office of Public Assistance,
Toll Free, at 1-800-687-4040. General information about the TCEQ can be found
at our web site at www.TCEQ.state.tx.us.
Further information may also be obtained from Safety-Kleen Systems, Inc.
at the address stated above or by calling Mr. Ricardo Saucedo at (210) 648-7066.
TRD-200300337
LaDonna Castañuela
Chief Clerk
Texas Commission on Environmental Quality
Filed: January 21, 2003
Attached are Notices of Applications issued during the period of January
16, 2003.
APPLICATION United States Air Force - Reese AFB, 9801 Reese Blvd North,
Suite 300, a closed undergraduate pilot training base has applied to the Texas
Commission on Environmental Quality (TCEQ) for a compliance plan Class 3 modification
to authorize the final Corrective Action Program for the remediation of ground-water
quality associated with releases from three solid waste management units (SWMU's)
identified as the Tower Area, Southwest Landfill, and POL Storage Area to
specified standards and to monitor the concentration of hazardous constituents
in groundwater until compliance with the specified ground-water quality standards
have been attained. The facility is located on an approximately 624.3-acre
tract of land abutting the western city limit of Lubbock, Texas at the intersection
of FM 114 and State Hwy. Spur 309 in Lubbock County, Texas. This application
was submitted to the TCEQ on December 28, 2000.
The TCEQ executive director has completed the technical review of the application
and prepared a draft compliance plan. The draft compliance plan, if approved,
would establish the conditions under which the facility must operate. The
executive director has made a preliminary decision that this compliance plan,
if issued, meets all statutory and regulatory requirements. The compliance
plan application, executive director's preliminary decision, and draft compliance
plan are available for viewing and copying at Mahan Library, 1306 9th Street,
Lubbock, Texas 79401.
Further information may also be obtained from Reese Air Force Base at the
address stated above or by calling Mr. Chris Morriss at (806) 885-5010.
APPLICATION Safety-Kleen Systems, Inc., (San Antonio Branch), 5243 Sinclair
Road, San Antonio, Texas 78222, a commercial hazardous waste management facility,
has applied to the Texas Commission on Environmental Quality (TCEQ) for a
renewal/minor amendment. The permit renewal will authorize continued operation
of two existing tanks and one container storage area for the storage and processing
of hazardous waste. The minor amendment will add contaminated debris, update
the emergency information, and remove Permitted Units No. 1, 2, 3, and 9 from
facility closure costs. The facility is located south of Gonzales Highway
and east of Highway 410 on approximately less than an acre in Bexar County,
Texas. This application was submitted to the TCEQ on March 1, 2002.
The TCEQ executive director has completed the technical review of the application
and prepared a draft permit. The draft permit, if approved, would establish
the conditions under which the facility must operate. The executive director
has made a preliminary decision that this permit, if issued, meets all statutory
and regulatory requirements. The permit application, executive director's
preliminary decision, and draft permit plan are available for viewing and
copying at the San Antonio Public Library, Central Library, 600 Soledad, San
Antonio, Texas 78222.
Further information may also be obtained from Safety-Kleen Systems, Inc.
at the address stated above or by calling Mr. Ricardo Saucedo at (210) 648-7066.
APPLICATION ATOFINA Petrochemicals, Inc., Hwy. 366 and 32nd Street, Port
Arthur, Texas 77641-0849, a petrochemical facility has applied to the Texas
Commission on Environmental Quality (TCEQ) for a Class 3 modification to Compliance
Plan No. CP-50074 to authorize corrective action for the Aeration Basin. The
facility is located on approximately 355-acre tract of land on Texas FM 366
and 32nd Street in Port Arthur, Jefferson County, Texas. This application
was submitted to the TCEQ on June 27, 2001.
The TCEQ executive director has reviewed this action for consistency with
the goals and policies of the Texas Coastal Management Program (CMP) in accordance
with the regulations of the Coastal Coordination Council and has determined
that the action is consistent with the applicable CMP goals and policies.
The TCEQ executive director has completed the technical review of the application
and prepared a draft compliance plan. The draft compliance plan, if approved,
would establish the conditions under which the facility must operate. The
executive director has made a preliminary decision that this compliance plan,
if issued, meets all statutory and regulatory requirements. The compliance
plan application, executive director's preliminary decision, and draft compliance
plan are available for viewing and copying at Port Arthur Public Library,
4615 9th Avenue, Port Arthur, Texas 77642.
Further information may also be obtained from ATOFINA Petrochemicals, Inc.
at the address stated above or by calling Mr. Jeff Baker at (409) 963-6828.
PUBLIC COMMENT / PUBLIC MEETING. You may submit public comments or request
a public meeting about this application. The purpose of a public meeting is
to provide the opportunity to submit comments or to ask questions about the
application. Generally, the TCEQ will hold a public meeting if the executive
director determines that there is a significant degree of public interest
in the application or if requested by a local legislator. A public meeting
is not a contested case hearing.
Written public comments and requests for a public meeting must be submitted
to the Office of the Chief Clerk, MC 105, TCEQ, P.O. Box 13087, Austin, TX
78711-3087 within 45 days from the date of newspaper publication of this notice.
OPPORTUNITY FOR A CONTESTED CASE HEARING. After the deadline for public
comments, the executive director will consider the comments and prepare a
response to all relevant and material or significant public comments. The
response to comments, along with the executive director's decision on the
application, will be mailed to everyone who submitted public comments or is
on the mailing list for this application. If comments are received, the mailing
will also provide instructions for requesting a contested case hearing or
reconsideration of the executive director's decision. A contested case hearing
is a legal proceeding similar to a civil trial in a state district court.
A contested case hearing will only be granted based on disputed issues
of fact that are relevant and material to the Commission's decision on the
application. Further, the Commission will only grant a hearing on issues that
were raised during the public comment period and not withdrawn. Issues that
are not raised in public comment may not be considered during a hearing.
EXECUTIVE DIRECTOR ACTION. The executive director may issue final approval
of the application unless a timely contested case hearing request or request
for reconsideration is filed. If a timely hearing request or request for reconsideration
is filed, the executive director will not issue final approval of the compliance
plan and will forward the application and requests to the TCEQ Commissioners
for their consideration at a scheduled Commission meeting.
MAILING LIST. In addition to submitting public comments, you may ask to
be placed on a mailing list to receive future public notices mailed by the
Office of the Chief Clerk. You may request to be added to: (1) the mailing
list for this specific application; (2) the permanent mailing list for a specific
applicant name and permit number; and/or (3) the permanent mailing list for
a specific county. Clearly specify which mailing list(s) to which you wish
to be added and send your request to the TCEQ Office of the Chief Clerk at
the address below. Unless you otherwise specify, you will be included only
on the mailing list for this specific application.
INFORMATION. If you need more information about this permit application
or the permitting process, please call the TCEQ Office of Public Assistance,
Toll Free, at 1-800-687-4040. General information about the TCEQ can be found
at our web site at www.TCEQ.state.tx.us.
TRD-200300336
LaDonna Castañuela
Chief Clerk
Texas Commission on Environmental Quality
Filed: January 21, 2003
The executive director of the Texas Commission on Environmental Quality
(TCEQ or commission) is issuing this notice of deletion of the Old Lufkin
Creosoting site (the Site) from the state registry, the list of state Superfund
sites. The state registry lists the contaminated sites which may constitute
an imminent and substantial endangerment to public health and safety or the
environment due to a release or threatened release of hazardous substances
into the environment.
The Site was originally proposed for listing on the state registry on September
25, 1990. The Site, including all land, structures, appurtenances, and other
improvements is approximately 13 acres in size and is located at 1411 East
Lufkin Avenue, Lufkin, Angelina County, Texas. In addition, the Site included
any areas where hazardous substances came to be located as a result, either
directly or indirectly, of releases of hazardous substances from the site.
Lufkin Creosoting Company (LLC) began operations at 1411 Lufkin Avenue
in 1946. The company treated telephone poles, fence posts, railroad ties,
and dimensionalized lumber at this location until 1979 when the operations
were moved to a larger site on US Highway 69. The LCC began operations almost
exclusively using creosote, or coal tar, to treat the wood products they produced.
The only other treatment chemical utilized at this location was pentachlorophenol,
which was used for about six months for treating fence posts. The treatment
cylinders, boilers, pumps, tanks, and associated plumbing were located in
an area bounded by the eastern property line and the south side of the drainage
ditch. To date, remedial activities have not been completed but are anticipated
to be completed while in the TCEQ's Voluntary Cleanup Program.
Upon completion of the remedial actions, groundwater will continue to be
monitored to evaluate any potential impact of soils on groundwater. Samples
will be collected on a semi-annual basis for a period of two years and then
on an annual basis for a period of three years. Then, a five-year review of
the groundwater monitoring data will be completed by LCC's consultant/engineer,
who will provide the data review report to the TCEQ project manager, along
with a recommendation for the frequency of groundwater monitoring during the
subsequent five-year period. At the conclusion of the second five-year monitoring
period, LCC's consultant/engineer will conduct another five-year review of
the monitoring data, along with a recommendation to continue or end the groundwater
monitoring.
The Site is not appropriate for residential use, according to state risk
reduction regulations applicable to the Site.
Upon completion of the response action while in the TCEQ's Voluntary Cleanup
Program, LCC will deed record the institutional controls which will consist
of restricting the land use to industrial/commercial and banning the installation
of wells for the purpose of producing potable water. LCC will keep and maintain
the current fence in place after completion of the response action. The fence
surrounds the entire property.
In accordance with 30 TAC §335.344(b), the commission held a public
meeting to receive comments on the intended deletion of the Site on December
10, 2002, at Lufkin City Hall. No comments regarding the proposed deletion
were received at the public meeting. The complete public file, including a
transcript of the public meeting, may be viewed during regular business hours
at the commission's Records Management Center, Building E, First Floor, 12100
Park 35 Circle, Austin, Texas 78753, telephone numbers (800) 633-9363 or (512)
239-2920. Fees are charged for photocopying file information.
Because the Site has been accepted into the TCEQ Voluntary Cleanup Program,
it may now be deleted from the state registry as provided by Texas Health
and Safety Code (THSC), §361.189(a) and 30 TAC §335.344(c).
In accordance with THSC, §361.188(d), a notice will be filed in the
real property records of Angelina County, Texas, stating that the Site has
been deleted from the state registry.
All inquiries regarding the deletion of the Site should be directed to
Mr. Bruce McAnally, Texas Commission on Environmental Quality, Community Relations,
at (800) 633-9363 or (512) 239-2141.
TRD-200300329
Paul Sarahan
Director, Litigation Division
Texas Commission on Environmental Quality
Filed: January 21, 2003
The Texas Commission on Environmental Quality (TCEQ or commission) staff
is providing an opportunity for written public comment on the listed Default
Order (DO). The commission staff proposes a DO when the staff has sent an
executive director's preliminary report and petition (EDPRP) to an entity
outlining the alleged violations; the proposed penalty; and the proposed technical
requirements necessary to bring the entity back into compliance; and the entity
fails to request a hearing on the matter within 20 days of its receipt of
the EDPRP. Similar to the procedure followed with respect to Agreed Orders
entered into by the executive director (ED) of the commission in accordance
with Texas Water Code (TWC), §7.075, this notice of the proposed order
and the opportunity to comment is published in the
Texas Register
no later than the 30th day before the date on which
the public comment period closes, which in this case is
March 3, 2003
. The commission will consider any written comments received
and the commission may withdraw or withhold approval of a DO if a comment
discloses facts or considerations that indicate a proposed DO is inappropriate,
improper, inadequate, or inconsistent with the requirements of the statutes
and rules within the commission's jurisdiction, or orders and permits issued
in accordance with the commission's regulatory authority. Additional notice
of changes to a proposed DO is not required to be published if those changes
are made in response to written comments.
A copy of each proposed DO is available for public inspection at both the
commission's central office, located at 12100 Park 35 Circle, Building A,
3rd Floor, Austin, Texas 78753, (512) 239-3400 and at the applicable regional
office listed as follows. Comments about the DO should be sent to the attorney
designated for the DO at the commission's central office at P.O. Box 13087,
MC 175, Austin, Texas 78711-3087 and must be
received
by 5:00 p.m. on March 3, 2003
. Comments may also be sent by facsimile
machine to the attorney at (512) 239-3434. The commission's attorneys are
available to discuss the DO and/or the comment procedure at the listed phone
numbers; however, comments on the DO should be submitted to the commission
in
writing
.
(1) COMPANY: Sharon Walker dba Star Plaza Truck Stop; DOCKET NUMBER: 2002-0348-PST-E;
TCEQ ID NUMBER: 0004020; LOCATION: West Highway 36, Rising Star, Eastland
County, Texas; TYPE OF FACILITY: retail service station and restaurant; RULES
VIOLATED: 30 TAC §334.51(b)(2)(C) and TWC, §26.3475, by failing
to equip the underground storage tanks (USTs) with overfill prevention equipment;
30 TAC §334.49(a) and TWC, §26.3475, by failing to provide corrosion
protection for the UST system; 30 TAC §37.815(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 petroleum USTs; 30 TAC §334.50(b)(1)(A)
and TWC, §26.3475, by failing to monitor USTs for releases at a frequency
of at least once a month; 30 TAC §334.7(d)(3), by failing to amend the
UST registration to accurately reflect the new ownership of the facility;
30 TAC §334.47(a)(2), by failing to permanently remove from service,
no later than 60 days after the prescribed upgrade implementation date, an
existing UST system which was not brought into timely compliance with the
upgrade requirements; PENALTY: $22,000; STAFF ATTORNEY: Diana Grawitch, Litigation
Division, MC 175, (512) 239-0939; REGIONAL OFFICE: Abilene Regional Office,
1977 Industrial Boulevard, Abilene, Texas 79602-7833, (915) 698-9674.
TRD-200300343
Paul Sarahan
Director, Litigation Division
Texas Commission on Environmental Quality
Filed: January 21, 2003
The Texas Commission on Environmental Quality (TCEQ or commission) staff
is providing an opportunity for written public comment on the listed Agreed
Orders (AOs) in accordance with Texas Water Code (TWC), §7.075. Section
7.075 requires that before the commission may approve the AOs, the commission
shall allow the public an opportunity to submit written comments on the proposed
AOs. Section 7.075 requires that notice of the opportunity to comment must
be published in the
Texas Register
no later
than the 30th day before the date on which the public comment period closes,
which in this case is
March 3, 2003
. 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 commission's orders and permits issued in accordance
with the commission's regulatory authority. Additional notice of changes to
a proposed AO is not required to be published if those changes are made in
response to written comments.
A copy of each proposed AO is available for public inspection at both the
commission's central office, located at 12100 Park 35 Circle, Building A,
3rd Floor, Austin, Texas 78753, (512) 239-3400 and at the applicable regional
office listed as follows. Comments about an AO should be sent to the attorney
designated for the AO at the commission's central office at P.O. Box 13087,
MC 175, Austin, Texas 78711-3087 and must be
received
by 5:00 p.m. on March 3, 2003
. Comments may also be sent by facsimile
machine to the attorney at (512) 239-3434. The designated attorney is available
to discuss the AO and/or the comment procedure at the listed phone number;
however, §7.075 provides that comments on an AO should be submitted to
the commission in
writing
.
(1) COMPANY: The City of Alamo; DOCKET NUMBER: 2001-1091-PWS-E; TCEQ ID
NUMBER: 1080001; LOCATION: 320 South 9th Street, Alamo, Hidalgo County, Texas;
TYPE OF FACILITY: public water system; RULES VIOLATED: 30 TAC §290.115(b),
by exceeding the maximum contaminant level of 0.10 milligrams per liter for
total trihalomenthanes; PENALTY: $3,750; STAFF ATTORNEY: Diana Grawitch, Litigation
Division, MC 175, (512) 239-0939; REGIONAL OFFICE: Harlingen Regional Office,
1804 West Jefferson Avenue, Harlingen, Texas 78550-5247, (956) 425-6010.
(2) COMPANY: Equistar Chemicals, L.P.; DOCKET NUMBER: 1999-1410-AIR-E;
TCEQ ID NUMBER: HG-0033-B; LOCATION: 8280 Sheldon Road, Channelview, Harris
County, Texas; TYPE OF FACILITY: petrochemical plant; RULES VIOLATED: 30 TAC §115.112(a)(1)
and Texas Health and Safety Code (THSC), §382.085(b), by failing to have
the required vapor recovery system or submerged fill pipe at the time of inspection;
30 TAC §115.216(4)(B) and THSC, §382.085(b), by failing to keep
copies of each marine vessel's certification of annual vapor tightness tests
for marine loading operations at the plant; 30 TAC §115.356(1)(F) and
(3) and THSC, §382.085(b), by failing to maintain calibration records
for volatile organic compound monitoring instruments for two years; 30 TAC §101.20(2),
40 Code of Federal Regulations §61.275(a), and THSC, §382.085(b),
by failing to submit results of seal inspections; 30 TAC §101.20(1),
40 Code of Federal Regulations (CFR) §60.115b(b)(2), and THSC, §382.085(b),
by failing to submit a seal inspection report within 60 days of inspection;
30 TAC §115.354(2) and §115.355(1), 40 CFR §§60.482-2
and 7, 61.242-2(a), 61.242-7(a) and (f), 61.245(a) and (b), and THSC, §382.085(b),
by failing to properly monitor fugitive emissions for several units; 30 TAC §115.114(a)(2)
and THSC, §382.085(b), by failing to perform seal gap measurements; THSC, §382.085(b)
and §382.0518, and Standard Exemption (SX) 106, by failing to submit
notification as required by SX 106 when the 1200 unit was modified to produce
new product; PENALTY: $67,500; STAFF ATTORNEY: Kelly W. Mego, Litigation Division,
MC R-12, (713) 422-8916; REGIONAL OFFICE: Houston Regional Office, 5425 Polk
Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
TRD-200300342
Paul Sarahan
Director, Litigation Division
Texas Commission on Environmental Quality
Filed: January 21, 2003
A person may request to be added to a mailing list for public notices processed
through the Office of the Chief Clerk for air, water, and waste permitting
activities at the TNRCC. You may request to be added to: (1) a permanent mailing
list for a specific applicant name and permit number; and/or (2) a permanent
mailing list for a specific county or counties.
Note that a request to be added to a mailing list for a specific county
will result in notification of all permitting matters affecting that particular
county.
To be added to a mailing list, send us your name and address, clearly specifying
which mailing list(s) to which you wish to be added. Your written request
should be sent to the TNRCC, Office of the Chief Clerk, Mail Code 105, P.
O. Box 13087, Austin, TX 78711-3087.
Individual members of the public who wish to inquire about the information
contained in this notice, or to inquire about other agency permit applications
or permitting processes, should call the TNRCC Office of Public Assistance,
Toll Free, at 1-800-687-4040.
TRD-200300341
LaDonna Castañuela
Chief Clerk
Texas Commission on Environmental Quality
Filed: January 21, 2003
The following notices were issued during the period of December 30, 2002
through January 17, 2003.
The following require the applicants to publish notice in the newspaper.
The public comment period, requests for public meetings, or requests for a
contested case hearing may be submitted to the Office of the Chief Clerk,
Mail Code 105, P O Box 13087, Austin Texas 78711-3087, WITHIN 30 DAYS OF THE
DATE OF NEWSPAPER PUBLICATION OF THIS NOTICE.
AAA SANITATION, INC. has submitted application for a new permit, Proposed
Permit No. 04551, to authorize the land application of sewage sludge for beneficial
use on 22.70 acres. This permit will not authorize a discharge of pollutants
into waters in the State. The land application site is located approximately
1 mile south of the intersection of Farm-to-Market Road 317 and Farm-to- Market
Road 314 on the east side of Farm-to-Market Road 314 in Henderson County,
Texas.
AUS-TEX PARTS AND SERVICES, LTD. has applied for a renewal of TPDES Permit
No. 13987-001, which authorizes the discharge of treated domestic wastewater
at a daily average flow not to exceed 135,000 gallons per day. The facility
is located approximately 0.5 mile east-southeast of the intersection of Fuchs
Grove Road and Rector Loop and approximately 1.0 mile north of the City of
Manor in Travis County, Texas.
AZURIX NORTH AMERICA RESIDUALS MANAGEMENT, INC. has submitted application
for a new permit, Proposed Permit No. 04460, to authorize the land application
of sewage sludge for beneficial use on 2000 acres. This permit will not authorize
a discharge of pollutants into waters in the State. The land application site
is located approximately 4 miles east of the intersection of Farm- to-Market
Road 1410 and Farm-to-Market Road 61 at the intersection of Devers Road and
Farm-to- Market Road 1410 in Liberty County, Texas.
B.E. COMMERCIAL SERVICES, INC. has submitted application for a new permit,
Proposed Permit No. 04514, to authorize the land application of sewage sludge
for beneficial use on 70 acres. This permit will not authorize a discharge
of pollutants into waters in the State. The land application site is located
on County Road 294, approximately 2 miles south of the intersection of Farm-to-
Market Road 322 and Farm-to-Market Road 2011 in Rusk County, Texas.
BELL COUNTY WATER CONTROL AND IMPROVEMENT DISTRICT NO. 3 has applied for
a major amendment to TPDES Permit No. 10797-001 to authorize an increase in
the discharge of treated domestic wastewater from a daily average flow not
to exceed 250,000 gallons per day to a daily average flow not to exceed 675,000
gallons per day. The facility is located approximately 3/4 mile southeast
of Nolanville, on South Nolan Creek in Bell County, Texas.
BLUE BELL MANOR UTILITY CO., INC. has applied for a renewal of TPDES Permit
No. 11473-001, which authorizes the discharge of treated domestic wastewater
at a daily average flow not to exceed 600,000 gallons per day. The facility
is located on the north bank of Halls Bayou, approximately 1,200 feet north-northeast
of the intersection of State Highway 249 (formerly Farm- to-Market Road 149)
and Veterans Memorial (formerly Stuebner Airline Road) in Harris County, Texas.
JOHN HOUSE CALDWELL has submitted application for a new permit, Proposed
Permit No. 04465, to authorize the land application of sewage sludge for beneficial
use on 172 acres. This permit will not authorize a discharge of pollutants
into waters in the State. The land application site is located at approximately
4.5 miles northwest of Rosharon, Texas, on the west side of Farm-to- Market
Road 521. The entrance is approximately 6 miles south of the intersection
of State Highway 6 and Farm-to-Market Road 521. in Brazoria County, Texas.
CITY OF CLARKSVILLE has applied to the Texas Commission on Environmental
Quality (TCEQ) for a renewal of TPDES Permit No. 10148-001, which authorizes
the discharge of treated domestic wastewater at a daily average flow not to
exceed 900,000 gallons per day. The facility is located approximately 1.5
miles southeast of the intersection of U.S. Highway 82 ans State Highway 37
and approximately 0.75 mile east of Farm-to-Market Road 910 in Red River County,
Texas.
JOANNE DICKENS has submitted application for a new permit, Proposed Permit
No. 04479, to authorize the land application of sewage sludge for beneficial
use on 48 acres. This permit will not authorize a discharge of pollutants
into waters in the State. The land application site is located approximately
650 feet from the intersection of Farm-to-Market Road 350 South and Dickens
Ranch Road, approximately 2.8 mile southeast of the intersection of Federal
Highway 190 and Farm-to- Market 350 South, approximately 4.8 miles west of
Livingston in Polk County, Texas.
FKP-PASADENA which operates a facility that manages an inactive gypsum
storage pile associated with historical fertilizer manufacturing at an adjacent
site, has applied for a major amendment to TPDES Permit No. 03999 to authorize
an increase in flow limitations at Outfall 001 from a daily average flow not
to exceed 50,000 gallons per day to 72,000 gallons per day, and from a daily
maximum flow not to exceed 72,000 gallons per day to 108,000 gallons per day.
The current permit authorizes the discharge of treated gypsum pile wastewater
and storm water at a daily average flow not to exceed 50,000 gallons per day
via Outfall 001. The facility is located on the Houston Ship Channel, at the
point where Jefferson Road terminates at the Houston Ship Channel, in the
City of Pasadena, Harris County, Texas.
CITY OF GOLDTHWAITE has submitted application for a new permit, Proposed
Permit No. 04522, to authorize the land application of sewage sludge for beneficial
use on 30 acres. This permit will not authorize a discharge of pollutants
into waters in the State. The land application site is located 500 feet north
of the intersection of Farm-to-Market Road 3023 and Texas Highway 16 in Mills
County, Texas.
HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 321 has applied for a renewal
of TPDES Permit No. 13211-001, which authorizes the discharge of treated domestic
wastewater at a daily average flow not to exceed 800,000 gallons per day.
The facility will be located approximately 1,200 feet south of West Road and
6,000 feet west of Interstate Highway 45 in Harris County, Texas.
K-3 RESOURCES, INC has submitted application for a new permit, Proposed
Permit No. 04518, to authorize the land application of sewage sludge for beneficial
use on 268 acres. This permit will not authorize a discharge of pollutants
into waters in the State. The land application site is located at the intersection
of State Highway 529 and State Highway 362 in Waller County, Texas in Waller
County, Texas.
LA JOYA INDEPENDENT SCHOOL DISTRICT has applied for a new permit, Proposed
Permit No. 13523-007, to authorize the disposal of treated domestic wastewater
at a daily average flow not to exceed 12,570 gallons per day via subsurface
low pressure dosed nonpublic access drainfields with a minimum area of 67,650
square feet. The proposed permit authorizes the disposal of treated domestic
wastewater at a daily average flow not to exceed 6,765 gallons per day via
subsurface low pressure dosed nonpublic access drainfields with a minimum
area of 67,650 square feet. This permit will not authorize a discharge of
pollutants into waters in the State. The facility and disposal site will be
located approximately 0.7 mile north of the intersection of Farm-to-Market
Road 2221 and La Homa Road, east of La Homa Road in Hidalgo County, Texas.
LA JOYA INDEPENDENT SCHOOL DISTRICT (Elementary School No. 17) has applied
for a new permit, Proposed Permit No. 13523-008, to authorize the disposal
of treated domestic wastewater at a daily average flow not to exceed 12,570
gallons per day via subsurface low pressure dosed nonpublic access drainfields
with a minimum area of 67,650 square feet. The proposed permit authorizes
the disposal of treated domestic wastewater at a daily average flow not to
exceed 6,765 gallons per day via subsurface low pressure dosed nonpublic access
drainfields with a minimum area of 67,650 square feet. This permit will not
authorize a discharge of pollutants into waters in the State. The facility
and disposal site will be located on the west side of Farm-to-Market Road
1427, approximately 1,425 feet north of the intersection of Farm-to-Market
1427 and U.S. Highway 83 in Hidalgo County, Texas.
CITY OF MARFA has applied for a renewal of Permit No. 10109-001, which
authorizes the disposal of treated domestic wastewater at an annual average
flow not to exceed 120,000 gallons per day via surface irrigation of 62 acres
of non-public access pastureland. The facility and disposal site are located
approximately 3,000 feet southeast of the intersection of U.S. Highway 90
and U.S. Highway 67 in Presidio County, Texas.
NORTHGATE CROSSING MUNICIPAL UTILITY DISTRICT NO. 2 has applied for a renewal
of TPDES Permit No. 12979-004, which authorizes the discharge of treated domestic
wastewater at a daily average flow not to exceed 950,000 gallons per day.
The facility is located 5,000 feet east-southeast of the crossing of Spring
Creek under Interstate Highway 45 and 8,000 feet northeast of the intersection
of Spring Stuebner Road and Interstate Highway 45 in Harris County, Texas.
SUNBELT FRESH WATER SUPPLY DISTRICT has applied for a renewal of TPDES
Permit No. 10236-001, which authorizes the discharge of treated domestic wastewater
at a daily average flow not to exceed 450,000 gallons per day. The facility
is located immediately north of Mooney Road and east of Halls Bayou in Harris
County, Texas.
SYNAGRO OF TEXAS-CDR, INC. has submitted application for a new permit,
Proposed Permit No. 04505, to authorize the land application of sewage sludge
for beneficial use on 56.37 acres. This permit will not authorize a discharge
of pollutants into waters in the State. The land application site is located
one mile south of Brownsboro on County Road 3600 in Henderson County, Texas.
TEXAS DEPARTMENT OF CRIMINAL JUSTICE has applied for a renewal of TNRCC
Permit No. 13717-001, which authorizes the discharge of treated domestic wastewater
at a daily average flow not to exceed 350,000 gallons per day. The facility
is located approximately 2 miles southwest of the intersection of Farm-to-Market
Roads 320 and 645; approximately 5 miles northwest of the intersection of
Farm-to-Market Road 645 and U.S. Highways 84 and 79; within the boundaries
of the Powledge State Prison Farm in Anderson County, Texas.
TEXAS DEPARTMENT OF TRANSPORTATION has applied for a renewal of TNRCC Permit
No. 11643-001, which authorizes the discharge of treated domestic wastewater
at a daily average flow not to exceed 10,000 gallons per day. Issuance of
the proposed Texas Pollutant Discharge Elimination System (TPDES) Permit No.
11643-001 will replace the existing TNRCC Permit No. 11643-001 issued August
01, 1997. The facility is located along the southbound lane of U.S. Highway
59 approximately 1.5 miles north of the intersection of U.S. Highway 59 and
Farm- to-Market Road 942 in Polk County, Texas.
TRD-200300335
LaDonna Castañuela
Chief Clerk
Texas Commission on Environmental Quality
Filed: January 21, 2003
Notice mailed January 16, 2003.
APPLICATION NO. 18-2042A; Kendall Water, Ltd., a Texas Limited Partnership,
d/b/a Kendall Water Supply, P.O. Box 2295, Boerne, Texas 78006, applicant,
seeks an amendment to Certificate of Adjudication No. 18-2042, pursuant to
11.122, Texas Water Code and Texas Commission on Environmental Quality Rules
30 TAC 295.1, et seq. Certificate of Adjudication No. 18-2042 authorizes owner
to divert and use not to exceed 209 acre-feet of water per annum from two
diversion points on Cypress Creek, tributary of the Guadalupe River, Guadalupe
River Basin, in Kerr County for agricultural purposes to irrigate a maximum
of 125 acres of land out of a tract located in the Jose Maria Rigaldo Original
Survey No. 27, Abstract No. 279 and Ansclmo Galban Survey No. 28, Abstract
148, Kerr County, Texas. The maximum diversion rate is 1.0 cfs (450 gpm).
The time priority of the owners right is 1964. Applicant seeks to amend Certificate
of Adjudication No. 18-2042 by adding 5 off-channel reservoirs for storage,
an additional diversion point downstream on the Guadalupe River, and an additional
place of use of approximately 250 acres out of a 788.41 acre tract of land
in Kendall County. Once the water is diverted from the Guadalupe River it
will be stored in 5 proposed off-channel reservoirs ( Pond Nos. 1-5) for subsequent
diversion from off- channel reservoir No. 1 (Pond No. 1) for agricultural
(irrigation) purposes. The proposed diversion point on the Guadalupe River
is approximately 10.8 miles in a northeast direction from the City of Boerne,
Kendall County. Said point is bearing S 39.517 E, 14,686 feet from the northeast
corner of the M. Schwartz Original Survey No. 699, Abstract No. 476 and also
being at 29.878 N Latitude, 98.576 W Longitude. Applicant has indicated that
they have groundwater wells capable of supplementing its irrigation needs.
In the future, the applicant plans to use treated wastewater effluent in conjunction
with the groundwater and the surface water sources to supply their irrigation
demands. The additional lands to be irrigated are described as being 250 acres
out of approximately 788.41 acres of land and is owned by Carla H. Northington.
Ownership of the land is evidence by document No. 161459 in the Official Records
of Kendall County. This land is approximately 10.8 miles northeast of Boerne,
Kendall County, Texas. Pursuant to 30 TAC 295.32 (a)(5), consent agreements
were submitted by Cordillera Ranch, Ltd. and Carla H. Northington stating
that the amendment, if granted, will be owned by the applicant and the 209
acre-feet of water will not become appurtenant to the additional aforesaid
250 acres of land. The application was received on August 26, 2002. Additional
information for the application was received on October 11, 2002 and December
19, 2002. The application was accepted for filing and declared administratively
complete on January 3, 2003.
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 TCEQ Office of
the Chief Clerk at the address provided in the information section below.
If a hearing request is filed, the Executive Director will not issue the
requested permit and may forward the application and hearing request to the
TCEQ Commissioners for their consideration at a scheduled Commission meeting.
Written hearing requests, public comments or requests for a public meeting
should be submitted to the Office of the Chief Clerk, MC 105, TCEQ, P.O. Box
13087, Austin, TX 78711-3087. For information concerning the hearing process,
please contact the Public Interest Counsel, MC 103, at the same address. For
additional information, individual members of the general public may contact
the Office of Public Assistance at 1-800-687-4040. General information regarding
the TCEQ can be found at our web site at www.tceq.state.tx.us.
TRD-200300340
LaDonna Castañuela
Chief Clerk
Texas Commission on Environmental Quality
Filed: January 21, 2003
The Texas Commission on Environmental Quality (TCEQ or commission) staff
is providing an opportunity for written public comment on the listed Agreed
Orders (AOs) in accordance with Texas Water Code (the Code), §7.075,
which requires that the commission 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 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
March 3, 2003
.
Section 7.075 also requires that the commission promptly consider any written
comments received and that the commission 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 Code (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 proposed AO is available for public inspection at both the
commission's central office, located at 12100 Park 35 Circle, Building C,
1st Floor, Austin, Texas 78753, (512) 239-1864 and at the applicable regional
office listed as follows. Written comments about an AO should be sent to the
enforcement coordinator designated for each AO at the commission's central
office at P.O. Box 13087, Austin, Texas 78711-3087 and must be
received by 5:00 p.m. on March 3, 2003
. Written comments may also be
sent by facsimile machine to the enforcement coordinator at (512) 239-2550.
The commission enforcement coordinators are available to discuss the AOs and/or
the comment procedure at the listed phone numbers; however, §7.075 provides
that comments on the AOs should be submitted to the commission in
writing
.
(1) COMPANY: Butler Manufacturing Company dba Vistawall Architectural Products;
DOCKET NUMBER: 2002-1180-AIR-E; IDENTIFIER: Air Account Number KB-0015-U;
LOCATION: Terrell, Kaufman County, Texas; TYPE OF FACILITY: aluminum extruding
and manufacturing; RULE VIOLATED: 30 TAC §122.146(1) and (2), General
Operating Permit Number O 1273, and THSC, §382.085(b), by failing to
submit the Title V annual compliance certification; and 30 TAC §116.115(c),
Permit Number 9396, and THSC, §382.085(b), by failing to maintain their
painting operations with no visible emissions and store all waste paint and
solvents in sealed containers; PENALTY: $7,125; ENFORCEMENT COORDINATOR: Jorge
Ibarra, (817) 588-5800; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas
76118-6951, (817) 588-5800.
(2) COMPANY: Catalpa Villa Water Supply Corporation; DOCKET NUMBER: 2002-0983-
PWS-E; IDENTIFIER: Public Water Supply Number 1910006; LOCATION: Amarillo,
Randall County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED:
30 TAC §290.109(c)(2) and (g), §290.122(c), and THSC, §341.033(d),
by failing to collect and submit routine monthly water samples for bacteriological
analysis and failing to provide public notice of the sampling deficiencies;
PENALTY: $1,250; ENFORCEMENT COORDINATOR: Subhash Jain, (512) 239-5867; REGIONAL
OFFICE: 3918 Canyon Drive, Amarillo, Texas 79109-4933, (806) 353- 9251.
(3) COMPANY: City of Clifton; DOCKET NUMBER: 2002-0899-MWD-E; IDENTIFIER:
Texas Pollutant Discharge Elimination System (TPDES) Permit Number 10043-001;
LOCATION: Clifton, Bosque County, Texas; TYPE OF FACILITY: wastewater treatment;
RULE VIOLATED: 30 TAC §305.125(1) and (9), TPDES Permit Number 10043-001,
and the Code, §26.121(a), by failing to comply with their permitted effluent
limits and failing to report any noncompliance which may endanger human health
or safety or the environment; PENALTY: $7,500; ENFORCEMENT COORDINATOR: Jeff
Kunze, (254) 761-3021; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco,
Texas 76710-7826, (254) 751-0335.
(4) COMPANY: Bill Nguyen dba Easy Shop; DOCKET NUMBER: 2002-0239-PST-E;
IDENTIFIER: Petroleum Storage Tank (PST) Facility Identification Number 0043641;
LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: convenience store
with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.48(c), by failing
to conduct inventory control; 30 TAC §334.49(a)(2) and the Code, §26.3475(d),
by failing to maintain the corrosion protection system; 30 TAC §334.50(b)(1)(A)
and (2)(A)(i)(III), and the Code, §26.3475(a) and (c)(1), by failing
to monitor the underground storage tank (UST) system for releases, provide
proper release detection for the UST pressurized piping, and failing to conduct
the annual performance and operational reliability tests; 30 TAC §334.8(c)(4)(B)
and (5)(A)(i), and the Code, §26.346(a) and §26.3467(a), by failing
to submit the UST registration and self-certification form and make available
to a common carrier a valid, current delivery certificate; 30 TAC §115.242(3)(J),
(4), and (9), and THSC, §382.085(b), by failing to maintain all components
of the Stage II vapor recovery system, and failing to post operating instructions
conspicuously on the front of each dispenser; 30 TAC §115.246(4) and
(5), and THSC, §382.085(b), by failing to maintain proof of attendance
and completion of the Stage II facility representative training and maintain
a record of the results of testing conducted; and 30 TAC §115.245(2)
and THSC, §382.085(b), by failing to conduct a successful pressure decay
test; PENALTY: $600; ENFORCEMENT COORDINATOR: Catherine Albrecht, (713) 767-3500;
REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713)
767-3500.
(5) COMPANY: Enbridge Pipelines (East Texas), L.L.C.; DOCKET NUMBER: 2002-0559-
AIR-E; IDENTIFIER: Air Account Number FI-0028-G; LOCATION: Streetman, Freestone
County, Texas; TYPE OF FACILITY: natural gas treating and sulfur recovery;
RULE VIOLATED: 30 TAC §116.115(c), Air Quality Permit Number 8988, and
THSC, §382.085(b), by failing to operate the plant in compliance with
the sulfur dioxide emission limit; PENALTY: $8,750; ENFORCEMENT COORDINATOR:
Salal Tahiri, (254) 772-9240; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500,
Waco, Texas 76710-7826, (254) 751-0335.
(6) COMPANY: Harris County Municipal Utility District Number 250; DOCKET
NUMBER: 2002-0813-MWD-E; IDENTIFIER: TPDES Permit Number 12685-001; LOCATION:
Houston, Harris County, Texas; TYPE OF FACILITY: wastewater treatment; RULE
VIOLATED: 30 TAC §305.125(1), (4), and (5), §305.126(a), TPDES Permit
Number 12685-001, and the Code, §26.121, by failing to maintain compliance
with permit effluents for ammonia-nitrogen and carbonaceous biochemical oxygen
demand, failing to operate and maintain the facility, mount the staff gauge
at the correct location, and meet the permit provision of the 75/90 rule;
and 30 TAC §317.7(e), by failing to post warning signs on the fence surrounding
the facility; PENALTY: $9,200; ENFORCEMENT COORDINATOR: Catherine Albrecht,
(713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas
77023-1486, (713) 767-3500.
(7) COMPANY: Diana Hogan dba Mr. Rooter Vacuum; DOCKET NUMBER: 2002-0407-SLG-
E; IDENTIFIER: Sludge Transporter Registration Number 21249; LOCATION: Alamo,
Hidalgo County, Texas; TYPE OF FACILITY: sludge transportation company; RULE
VIOLATED: 30 TAC §312.143, by failing to dispose of domestic septage
and grease trap waste; and 30 TAC §312.142(c) and (f)(3), by failing
to maintain a copy of the registration and notify the executive director that
the transporter planned to handle a waste not included in the existing registration;
PENALTY: $12,000; ENFORCEMENT COORDINATOR: Sandra Hernandez Alanis, (956)
425- 6010; REGIONAL OFFICE: 1804 West Jefferson Avenue, Harlingen, Texas 78550-5247,
(956) 425- 6010.
(8) COMPANY: Newport Municipal Utility District; DOCKET NUMBER: 2002-0490-MWD-E;
IDENTIFIER: TPDES Permit Number 11329-001; LOCATION: Houston, Harris County,
Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1),
TPDES Permit Number 11329-001, and the Code, §26.121, by failing to comply
with its permitted effluent limits for total suspended solids, ammonia-nitrogen
and two-hour peak flow limit of 2,083 gallons per minute; PENALTY: $12,500;
ENFORCEMENT COORDINATOR: Pamela Campbell, (512) 239-4493; REGIONAL OFFICE:
5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(9) COMPANY: Donald P. Leblanc dba OJ's Mobil Mart; DOCKET NUMBER: 2002-1102-
PST-E; IDENTIFIER: PST Facility Identification Number 0073347; LOCATION: Orange,
Orange County, Texas; TYPE OF FACILITY: convenience store with retail sales
of gasoline; RULE VIOLATED: 30 TAC §334.50(b)(1)(A), (2)(A)(i)(III),
and (d)(1)(B), and the Code, §26.3475(a) and (c)(1), by failing to provide
proper release detection, provide proper release detection for the piping,
test a line leak detector at least once per year, and conduct monthly inventory
control and reconciliation; 30 TAC §334.8(c)(4)(B) and (5)(C), and the
Code, §26.346(a), by failing to ensure that the UST registration and
self-certification forms were fully and accurately completed and failing to
physically label all tank fill pipes; 30 TAC §334.48(c), by failing to
have records available to verify that reconciliation of detailed inventory
control is being conducted; and 30 TAC §37.835(b), by failing to provide
a properly worded insurance policy; PENALTY: $6,887; ENFORCEMENT COORDINATOR:
John Barry, (409) 898-3838; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont,
Texas 77703-1892, (409) 898-3838.
(10) COMPANY: Sid Richardson Pipeline, Ltd.; DOCKET NUMBER: 2002-0754-AIR-E;
IDENTIFIER: Air Account Number CZ-0012-K; LOCATION: near McCamey, Crockett
County, Texas; TYPE OF FACILITY: natural gas processing; RULE VIOLATED: 30
TAC §101.7(a) and THSC, §382.085(b), by failing to maintain control
equipment; 30 TAC §111.111(a)(4)(A)(ii) and THSC, §382.085(b), by
failing to keep a visible emissions log; 30 TAC §122.145(2)(A) and THSC, §382.085(b),
by failing to submit a deviation report; and 30 TAC §106.512(1) and THSC, §382.085(b),
by failing to register engineer number 3121; PENALTY: $8,000; ENFORCEMENT
COORDINATOR: Sheila Smith, (512) 239-1670; REGIONAL OFFICE: 622 South Oakes,
Suite K, San Angelo, Texas 76903-7013, (915) 655-9479.
(11) COMPANY: Ajaz Qadir Khan dba Super Food Mart #36; DOCKET NUMBER: 2002-
0635-PST-E; IDENTIFIER: PST Facility Identification Number 52796; LOCATION:
Tyler, Smith County, Texas; TYPE OF FACILITY: convenience store with retail
sales of gasoline; RULE VIOLATED: 30 TAC §334.49(a)(2) and (c)(4)(C),
and the Code, §26.3475(d), by failing to protect the UST system from
corrosion and failure to have the corrosion protection system inspected; 30
TAC §334.49(c)(2)(C) and the Code, §26.3475(d), by failing to ensure
that the rectifier and other system components are operating properly; 30
TAC §334.50(b)(2)(A)(i)(III) and (ii)(I), (d)(1)(B)(ii), and the Code, §26.3475(a),
by failing to have the line leak detectors tested, conduct piping tightness
testing for the pressurized piping, and reconcile inventory records on a monthly
basis; and 30 TAC §334.8(c)(5)(C), by failing to permanently label all
fill pipes; PENALTY: $4,320; ENFORCEMENT COORDINATOR: Carolyn Lind, (903)
535-5100; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3756, (903)
535-5100.
(12) COMPANY: City of Weslaco; DOCKET NUMBER: 2001-1567-MWD-E; IDENTIFIER:
TPDES Permit Number 10619-003; LOCATION: Weslaco, Hidalgo County, Texas; TYPE
OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1)
and (5) and TPDES Permit Number 10619-003, by failing to ensure that the facility's
systems of collection, treatment, and disposal were properly operated and
maintained and submit a complete annual sludge report; PENALTY: $9,375; ENFORCEMENT
COORDINATOR: David Van Soest, (512) 239-0468; REGIONAL OFFICE: 1804 West Jefferson
Avenue, Harlingen, Texas 78550-5247, (956) 425-6010.
(13) COMPANY: Wynn-Crosby Energy, Inc.; DOCKET NUMBER: 2002-1230-AIR-E;
IDENTIFIER: Air Account Number SM-0041-U and Regulated Entity Identification
Number 102546249; LOCATION: San Isidro, Starr County, Texas; TYPE OF FACILITY:
oil and gas production; RULE VIOLATED: 30 TAC §122.146(2) and THSC, §382.085(b),
by failing to submit the annual Title V compliance certification; PENALTY:
$2,200; ENFORCEMENT COORDINATOR: Sandra Hernandez Alanis, (956) 425-6010;
REGIONAL OFFICE: 1804 West Jefferson Avenue, Harlingen, Texas 78550-5247,
(956) 425-6010.
(14) COMPANY: Young Contractors, Inc.; DOCKET NUMBER: 2002-0933-PST-E;
IDENTIFIER: PST Facility Identification Number 04446; LOCATION: Waco, McLennan
County, Texas; TYPE OF FACILITY: fleet fueling; RULE VIOLATED: 30 TAC §334.51(b)(2)(B)
and (C), by failing to provide spill containment equipment and overfill prevention
equipment; 30 TAC §334.49(a) and the Code, §26.3475, by failing
to provide corrosion protection; 30 TAC §334.50(b)(2)(A)(i), by failing
to provide release detection and equip the pressurized piping with automatic
line leak detectors; and 30 TAC §334.8(c)(5)(C), by failing to label
all tank fill pipes; PENALTY: $8,750; ENFORCEMENT COORDINATOR: Sunday Udoetok,
(512) 239-0739; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas
76710-7826, (254) 751-0335.
TRD-200300326
Paul Sarahan
Director, Litigation Division
Texas Commission on Environmental Quality
Filed: January 21, 2003
Licensing Actions for Radioactive Materials
Licensing Actions for Radioactive Materials
TRD-200300346
Susan K. Steeg
General Counsel
Texas Department of Health
Filed: January 22, 2003
Notice is hereby given that the Bureau of Radiation Control (bureau) ordered
Central Testing Company, Inc., also known as CTC Inspection (licensee-Unlicensed)
of Lake Charles, Louisiana, to cease and desist performing industrial radiographic
operations in Texas until all requirements of 25 Texas Administrative Code,
Chapter 289 have been met. CTC Inspection is also ordered to remove all sources
of radiation from Texas. The order will remain in effect until CTC Inspection
receives written authorization from the bureau to perform industrial radiography
in Texas.
A copy of all relevant material is available, by appointment, 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-200300344
Susan K. Steeg
General Counsel
Texas Department of Health
Filed: January 21, 2003
INTRODUCTION
The Texas Department of Health (department) School Health Program announces
the expected availability of approximately $375,000 of fiscal year 2004 Maternal
and Child Health Block Grant funds to provide second or third year continuation
funding for five currently funded model school-based health centers that deliver
conventional primary and preventive health services and related social services
to a school-age population on a school campus. Funds are intended to support
school-based health centers that meet the health care needs of students and
their families. The maximum funding available for each of the three third-year
projects for the 12-month period is $62,500. The maximum funding available
for each of the two second-year projects for the 12-month period is $93,750.
It is expected that the contract will begin on or about September 1, 2003,
and will be made for a 12-month budget period within a project period of three
years.
DESCRIPTION OF ACTIVITIES
Funding is available for currently funded school-based health centers that
deliver primary and preventive health services and related social services
to a school-age population on a school campus.
ELIGIBLE APPLICANTS
Eligible applicants are currently funded school districts, charter schools,
and school district cooperatives.
AVAILABILITY OF FUNDS
The maximum funding available for each of the three third-year projects
for the 12-month period is $62,500. The maximum funding available for each
of the two second-year projects for the 12-month period is $93,750.
BUDGET PERIOD
It is expected that the contract will begin on or about September 1, 2003,
and will be made for a 12 month budget period within a project period of three
years.
DEADLINE
Requests for Proposal (RFPs) should be submitted to the Contract Management
Section of the Texas Department of Health, Moreton Building - Room M370, 1100
West 49th Street, Austin, Texas, by 5:00 p.m. Central Daylight Saving Time,
April 15, 2003.
FOR INFORMATION
For a copy of the RFP and other information, contact the department's Contract
Management Division, Moreton Building, Room M-370, Texas Department of Health,
1100 West 49th Street, Austin, Texas 78756, FAX (512) 458-7446; E-mail: contractmgt@tdh.state.tx.us;
or access the Contract Management web site at: http://www.tdh.state.tx.us/afh-contracts/default.htm.
TRD-200300333
Susan K. Steeg
General Counsel
Texas Department of Health
Filed: January 21, 2003
INTRODUCTION
The Texas Department of Health (department) School Health Program announces
the expected availability of approximately $500,000 of fiscal year 2004 Maternal
and Child Health Block Grant funds to provide start-up funding for four model
school-based health centers that deliver primary and preventive health services
and related social services to a school-age population on a school campus.
Eligible applicants are school districts, charter schools, and school district
cooperatives. The maximum funding available to each selected applicant's school-based
health center project for the first budget period is $125,000. It is expected
that the contract will begin on or about September 1, 2003, and will be made
for a 12 month budget period within a project period of three years.
DESCRIPTION OF ACTIVITIES
Funding is available for school-based health centers that deliver primary
and preventive health services and related social services to a school-age
population on a school campus.
ELIGIBLE APPLICANTS
Eligible applicants are school districts, charter schools, and school district
cooperatives.
AVAILABILITY OF FUNDS
Approximately $500,000 of fiscal year 2004 Maternal and Child Health Block
Grant funds will be available. The maximum funding available for each selected
applicant's school-based health center project for the first budget period
is $125,000.
BUDGET PERIOD
It is expected that the contract will begin on or about September 1, 2003,
and will be made for a 12 month budget period within a project period of three
years.
REVIEW AND AWARD CRITERIA
Proposals will be evaluated relative to four criteria. Each criterion will
count for a percentage of the evaluation score. (1) Administration will count
for 25%; (2) Needs Assessment and Identification of Target Population will
count for 25%; (3) Community Collaboration and Coordination will count for
25%; and (4) the Project Work Plan will count for 25% of the evaluation score.
Bonus points (5% of total score) will be given to applicants located in rural
areas. "Rural" is defined as a county with a population not greater than 50,000.
Bonus points (5% of total score) will also be given to applicants located
in a school district that is in the bottom 25th percentile in regards to low
property wealth per student. The Texas Education Agency will provide current
data regarding which districts fall into the lower 25th percentile in regard
to low property wealth per student.
DEADLINE
Requests for Proposal (RFPs) should be submitted to the Contract Management
Section of the Texas Department of Health, Moreton Building - Room M-370,
1100 West 49th Street, Austin, Texas, by 5:00 p.m. Central Daylight Saving
Time, April 15, 2003.
FOR INFORMATION
For a copy of the RFP and other information, contact the department's Contract
Management Division, Moreton Building, Room M-370, Texas Department of Health,
1100 West 49th Street, Austin, Texas 78756, FAX (512) 458-7446; E-mail: contractmgt@tdh.state.tx.us;
or access the Contract Management web site at: http://www.tdh.state.tx.us/afh-contracts/default.htm.
TRD-200300332
Susan K. Steeg
General Counsel
Texas Department of Health
Filed: January 21, 2003
Improving Primary Care Treatment for Depression for the Elderly and Adults with Disabilities - Request for Information
Purpose:
The Texas Health and Human Services
Commission (HHSC) State Medicaid Office is requesting information regarding
development of a model to support primary care practitioners in providing
evidence-based depression treatment for adults within the STAR+PLUS Medicaid
managed care model. The purposes of the depression in primary care project
are to:
Demonstrate the efficacy of care coordination services used in the STAR+PLUS
model to achieve successful disease management strategies;
Provide primary care providers with additional tools and technical assistance
to better identify and treat depression within the adult STAR+PLUS population;
and
Determine if such interventions can contribute to improving process outcomes
for depression within the STAR+PLUS model.
This project is not designed to test new clinical interventions. Instead,
the project seeks to test the efficacy of care coordination to improve the
treatment of depression.
Background:
HHSC has received an educational grant from Eli Lilly and Company to implement
a disease management pilot in the STAR+PLUS program to improve care and patient
compliance in depression treatment for adult SSI clients through primary care.
Project funding is available for (3) years. The project is scheduled to begin
in early 2003.
Project Design:
This project utilizes the care coordination services that already exist
within the STAR+PLUS model. Patients will be selected from the adult (including
dual eligible patients over 65) non-institutionalized, population within STAR+PLUS.
Primary care physicians will identify patients who are depressed using a standard
two-page checklist for depression. Care coordinators will provide education,
support treatment adherence and help to remove barriers to treatment (by arranging
transportation, reminding patients to keep follow-up appointments and refill
prescriptions). In addition, care coordinators will provide participating
physicians with information regarding patient adherence to prescribed treatment
plans.
Care coordinators will collect and submit data, including data on treatment
adherence, to HHSC or its designee, which will maintain a registry system
that tracks key process and outcome indicators. In order to have access to
outcome data, care coordinators will obtain brief pre and post patient self-report
inventories on various quality of life measures.
Providers who participate in the study will receive patient education materials
and assistance in follow-up and treatment adherence with their patients who
are diagnosed as depressed. Participating providers will not receive monetary
compensation for this project, but will be qualified to enroll at no charge
in continuing medical education courses sponsored by HHSC relating to this
project.
Submission of Information to HHSC:
HHSC would like to receive information from primary care providers interested
in participating in the depression and primary care project. The prospective
primary care providers (individuals or group practices) must meet the following
criteria:
be a primary care physician (i.e. family practice, internal medicine) or
a group practice that includes primary care physicians;
participate in STAR+PLUS Medicaid managed care model;
treat adult patients; and
be willing to work closely with STAR+PLUS care coordinators.
Parties responding to this RFI are requested to provide:
name and contact information (telephone, address and email);
medical specialty;
a brief description of their patient volume, demographics and practice
location(s);
the names of the STAR+PLUS HMOs with which they are affiliated; and
the number of primary care providers within the practice that will be participating
in the project, if applicable.
Potential respondents are advised that this RFI is issued solely for the
purpose of obtaining information for consideration by HHSC in selecting appropriate
and suitable physician partners to participate in this project. HHSC shall
have the sole discretion to reject or disregard any information in response
to this RFI. HHSC will also solicit physician responses through means other
than this RFI, such as through notification of provider organizations and
through direct outreach to Harris County STAR+PLUS physicians.
This RFI does not constitute a solicitation of proposals, a commitment
to conduct a procurement, or an offer of a contract or prospective contract.
HHSC shall not be liable for any cost incurred by any potential contractor
in the preparation and submission of information in response to this RFI.
Interested parties should submit their response
for consideration by 5 p.m. on February 25, 2003.
Respondents should submit 10 copies of their response in writing to:
Kim McPherson
Policy Analyst
Health and Human Services Commission
4900 N. Lamar, 4th Floor
Austin, Texas 78751
For specific questions or concerns relating to this RFI, please contact
Kim McPherson at 512-424-6562.
Following a review period of responses and upon determination that it is
in the best interest of the agency, HHSC staff may contact applicants to request
further information. HHSC reserves the right to reject any or all applications.
TRD-200300334
Steve Aragon
General Counsel
Texas Health and Human Services Commission
Filed: January 21, 2003
Multifamily Housing Revenue Bonds (Hillery Garden Villas) Series 2003
Notice is hereby given of a public hearing to be held by the Texas Department
of Housing and Community Affairs (the "Issuer") at Mound Elementary School,
205 S. W. Thomas, Burleson, Texas 76028 at 6:00 p.m. on February 20, 2003
with respect to an issue of tax-exempt multifamily residential rental project
revenue bonds in an aggregate principal amount not to exceed $15,000,000 and
taxable bonds, if necessary, in an amount to be determined, to be issued in
one or more series (the "Bonds"), by the Issuer. The proceeds of the Bonds
will be loaned to Mesquite Shillingi Enterprises V, L.P., a limited partnership,
or a related person or affiliate thereof (the "Borrower") to finance a portion
of the costs of acquiring, constructing and equipping a multifamily housing
project (the "Project") described as follows: 272-unit multifamily residential
rental development to be constructed on approximately 16 acres of land located
at 300 NW Hillery Street, Burleson, Johnson County, Texas. The project will
be initially owned and operated by the Borrower.
All interested parties are invited to attend such public hearing to express
their views with respect to the Project and the issuance of the Bonds. Questions
or requests for additional information may be directed to Robert Onion at
the Texas Department of Housing and Community Affairs, 507 Sabine, Austin,
Texas 78701; (512) 475-3872 and/or ronion@tdhca.state.tx.us.
Persons who intend to appear at the hearing and express their views are
invited to contact Robert Onion in writing in advance of the hearing. Any
interested persons unable to attend the hearing may submit their views in
writing to Robert Onion prior to the date scheduled for the hearing.
Individuals who require auxiliary aids in order to attend this meeting
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 meeting so that
appropriate arrangements can be made.
TRD-200300360
Edwina P. Carrington
Executive Director
Texas Department of Housing and Community Affairs
Filed: January 22, 2003
Public Notice
Notification of Extension of Public Comment Period
for Amendment #190 to the 2002-2004 Transportation Improvement Program (TIP)
A public meeting was held at the Houston-Galveston Area Council (H-GAC)
on Tuesday, December 17, 2002 to discuss proposed amendments to the 2002-2004
TIP. Based on the public comments received at the meeting, H-GAC is extending
the public comment period for proposed amendment #190 to
February 5, 2003.
This amendment would allow the Texas Department of Transportation (TxDOT)
to begin right-of-way activities including right-of-way mapping and acquisition,
utilities adjustments and relocation assistance for various roadway projects
included in the 2022 Metropolitan Transportation Plan (MTP). Each project
is shown with $1 of federal funding. The actual funding for the projects will
be determined as project development progresses. This action simply allows
TxDOT the ability to engage in right-of-way activities for the projects listed
in the amendment.
To obtain a copy of the proposed amendment, please visit H-GAC's Web site
at
www.hgac.cog.tx.us/transportation/index.html,
or call Pat Waskowiak, Transportation Senior Planner, at (713) 993-2456.
Written comments may be submitted to Pat Waskowiak, Houston-Galveston Area
Council, P.O. Box 22777, Houston, Texas 77227, emailed to pwaskowiak@hgac.cog.tx.us
or faxed to (713) 993-4508.
TRD-200300331
Alan Clark
MPO Director
Houston-Galveston Area Council
Filed: January 21, 2003
Public Notice of Closed Solicitation for Armstrong and Carson Counties
Pursuant to Title 2, Chapters 22 and 32, of the Human Resources Code, and
40 Texas Administrative Code §19.2324, the Texas Department of Human
Services is closing the solicitation for new Medicaid beds in
Armstrong County, County #006, and Carson County, County #033
, identified
in the July 26, 2002, issue of the
Texas Register
(27 TexReg 6747). The solicitation is being closed effective the date
of this public notice.
TRD-200300354
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Filed: January 22, 2003
Pursuant to Title 2, Chapters 22 and 32, of the Human Resources Code, and
40 Texas Administrative Code §19.2324, the Texas Department of Human
Services is closing the solicitation for new Medicaid beds in
Clay County, County #039; Donley County, County #065; Hansford County, County
#098; and Kent County, County #132
, identified in the September 10,
1999, issue of the
Texas Register
(24 TexReg
7304). The solicitation is being closed effective the date of this public
notice.
TRD-200300350
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Filed: January 22, 2003
Pursuant to Title 2, Chapters 22 and 32, of the Human Resources Code, and
40 Texas Administrative Code §19.2324, the Texas Department of Human
Services is closing the solicitation for new Medicaid beds in
Dallam County, County #056; La Salle County, County #142; and Presidio County,
County #189
, identified in the April 25, 1989, issue of the
Texas Register
(14 TexReg 204). The solicitation is being closed effective
the date of this public notice.
TRD-200300348
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Filed: January 22, 2003
Pursuant to Title 2, Chapters 22 and 32, of the Human Resources Code, and
40 Texas Administrative Code §19.2324, the Texas Department of Human
Services is closing the solicitation for new Medicaid beds in
Hartley County, County #103
, identified in the April 14, 2000, issue
of the
Texas Register
(25 TexReg 3331). The
solicitation is being closed effective the date of this public notice.
TRD-200300352
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Filed: January 22, 2003
Pursuant to Title 2, Chapters 22 and 32, of the Human Resources Code, and
40 Texas Administrative Code §19.2324, the Texas Department of Human
Services is closing the solicitation for new Medicaid beds in
Parmer County, County #185, and San Jacinto County, County #204
, identified
in the November 3, 2000, issue of the
Texas Register
(25 TexReg 11136). The solicitation is being closed effective the
date of this public notice.
TRD-200300353
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Filed: January 22, 2003
Pursuant to Title 2, Chapters 22 and 32, of the Human Resources Code, and
40 Texas Administrative Code §19.2324, the Texas Department of Human
Services is closing the solicitation for new Medicaid beds in
Schleicher County, County #207
, identified in the November 1, 2002,
issue of the
Texas Register
(27 TexReg 10481).
The solicitation is being closed effective the date of this public notice.
TRD-200300355
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Filed: January 22, 2003
Pursuant to Title 2, Chapters 22 and 32, of the Human Resources Code, and
40 Texas Administrative Code §19.2324, the Texas Department of Human
Services is closing the solicitation for new Medicaid beds in
Sherman County, County #211
, identified in the January 21, 2000, issue
of the
Texas Register
(25 TexReg 449). The
solicitation is being closed effective the date of this public notice.
TRD-200300351
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Filed: January 22, 2003
Pursuant to Title 2, Chapters 22 and 32, of the Human Resources Code, and
40 Texas Administrative Code §19.2324, the Texas Department of Human
Services is closing the solicitation for new Medicaid beds in
Upton County, County #231
, identified in the October 3, 1997, issue
of the
Texas Register
(22 TexReg 10041). The
solicitation is being closed effective the date of this public notice.
TRD-200300349
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Filed: January 22, 2003
Amended Notice Regarding Submission of Recommendations of Changes to the Residential Property Insurance Benchmark Rates
By notice published in the
Texas Register
on
December 27, 2002, (27 TexReg 12447), The Texas Department of Insurance extended
the due date for the submission of Residential Benchmark Rate Recommendations
to February 28, 2003 from January 10, 2003 as noticed in the original notice
published in the
Texas Register
on November
29, 2002, (27 TexReg 11311). In consideration of request received and indications
that residential property benchmark rate laws and procedures will receive
priority consideration by the 78th Texas Legislature, the Department is suspending
the request for the submission of Residential Property Benchmark Rate Recommendations
at this time until further notice.
For further information or to request copies of the notice, please contact
Sylvia Gutierrez at (512) 463-6327.
TRD-200300319
Gene C. Jarmon
General Counsel and Chief Clerk
Texas Department of Insurance
Filed: January 21, 2003
Application to change the name of CGU LIFE INSURANCE COMPANY OF AMERICA
to AVIVA LIFE INSURANCE COMPANY a foreign life, accident and/or health company.
The home office is in Wilmington, Delaware.
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-200300373
Gene C. Jarmon
General Counsel and Chief Clerk
Texas Department of Insurance
Filed: January 22, 2003
The Commissioner of Insurance, or his designee, will consider approval
of a rate filing request submitted by Employers Insurance Company of Wausau
proposing to use rates for commercial automobile insurance that are outside
the upper or lower limits of the flexibility band promulgated by the Commissioner
of Insurance, pursuant to TEX. INS. CODE ANN. art 5.101 §3(g). The Company
is requesting the following flex percent of +55 for Liability and Physical
Damage coverage for Hospitality Industry (SIC 7011) under all territories
and classes. The overall rate change is +24%.
Copies of the filing may be obtained by contacting the Texas Department
of Insurance, P&C Actuarial Division, P.O. Box 149104, Austin, Texas 78714-9104,
telephone (512) 475-3017.
This filing is subject to Department approval without a hearing unless
a properly filed objection, pursuant to art. 5.101§3(h), is made with
the Chief Actuary for P&C, Mr. Phil Presley, at the Texas Department of
Insurance, MC 105-5F, P.O. Box 149104, Austin, Texas 78701 by February 19,
2003.
TRD-200300357
Gene C. Jarmon
General Counsel and Chief Clerk
Texas Department of Insurance
Filed: January 22, 2003
The Commissioner of Insurance, or his designee, will consider approval
of a rate filing request submitted by Wausau Business Insurance Company proposing
to use rates for commercial automobile insurance that are outside the upper
or lower limits of the flexibility band promulgated by the Commissioner of
Insurance, pursuant to TEX. INS. CODE ANN. art 5.101 §3(g). The Company
is requesting the following flex percent of +55 for Liability and Physical
Damage coverage for Hospitality Industry (SIC 7011) under all territories
and classes. The overall rate change is +63.2%.
Copies of the filing may be obtained by contacting the Texas Department
of Insurance, P&C Actuarial Division, P.O. Box 149104, Austin, Texas 78714-9104,
telephone (512) 475-3017.
This filing is subject to Department approval without a hearing unless
a properly filed objection, pursuant to art. 5.101 §3(h), is made with
the Chief Actuary for P&C, Mr. Phil Presley, at the Texas Department of
Insurance, MC 105-5F, P.O. Box 149104, Austin, Texas 78701 by February 19,
2003.
TRD-200300358
Gene C. Jarmon
General Counsel and Chief Clerk
Texas Department of Insurance
Filed: January 22, 2003
The Commissioner of Insurance, or his designee, will consider approval
of a rate filing request submitted by Wausau Underwriters Insurance Company
proposing to use rates for commercial automobile insurance that are outside
the upper or lower limits of the flexibility band promulgated by the Commissioner
of Insurance, pursuant to TEX. INS. CODE ANN. art 5.101 §3(g). The Company
is requesting the following flex percent of +55 for Liability and Physical
Damage coverage for Hospitality Industry (SIC 7011) under all territories
and classes. The overall rate change is +40.9%.
Copies of the filing may be obtained by contacting the Texas Department
of Insurance, P&C Actuarial Division, P.O. Box 149104, Austin, Texas 78714-9104,
telephone (512) 475-3017.
This filing is subject to Department approval without a hearing unless
a properly filed objection, pursuant to art. 5.101 §3(h), is made with
the Chief Actuary for P&C, Mr. Phil Presley, at the Texas Department of
Insurance, MC 105-5F, P.O. Box 149104, Austin, Texas 78701 by February 19,
2003.
TRD-200300359
Gene C. Jarmon
General Counsel and Chief Clerk
Texas Department of Insurance
Filed: January 22, 2003
The following third party administrator (TPA) application has been filed
with the Texas Department of Insurance and is under consideration.
Application for admission to Texas of Medical Benefits Administrators of
MD, Inc., a foreign third party administrator. The home office is Abingdon,
Maryland.
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-200300327
Gene C. Jarmon
General Counsel and Chief Clerk
Texas Department of Insurance
Filed: January 21, 2003
Notice of Administrative Hearing
Wednesday, March 5, 2003, 1:00 p.m.
State Office of Administrative Hearings, William P. Clements Building,
300 West 15th Street, 4th Floor
Austin, Texas
AGENDA
Administrative Hearing before an administrative law judge of the State
Office of Administrative Hearings in the matter of the complaint of the Manufactured
Housing Division of the Texas Department of Housing and Community Affairs
and Jamie Lynn Grant dba Grant’s Installing to hear alleged violations
of Section 7(j)(6) of the Act and Sections 80.119(b) and 80.119(f)(1) of the
Rules by not properly submitting the Form T/Installation report with the Department
or providing the installation warranty and site preparation notice to the
consumer. SOAH 332-03-1746. Department MHD2003000235-UR.
Contact: Jim R. Hicks, P.O. Box 12489, Austin, Texas 78711-2489, (512)
475-3589, jhicks@tdhca.state.tx.us
TRD-200300374
Bobbie Hill
Executive Director
Manufactured Housing Division
Filed: January 22, 2003
Request for Proposals - Workforce Investment Act (WIA) Youth Program
Proposals are requested for the Workforce Investment Act (WIA) Youth Program
to serve economically disadvantaged youth, ages 14 through 21. We are seeking
innovative Youth Programs that provide comprehensive youth services that improve
educational achievement, prepare youth for succeeding in employment, support
youth, and offer services intended to develop the potential of youth as citizens
and leaders.
North Texas Workforce area includes the following 11 counties: Archer,
Baylor, Clay, Cottle, Foard, Hardeman, Jack, Montague, Wichita, Wilbarger,
and Young.
To obtain Request for Proposal packets contact John Chandler, Administrative
Technician, North Texas Workforce Development Board, Inc., 1101 Eleventh Street,
Wichita Falls, TX 76301. Call 940.767.1432 or TDD# 1-800/RELAYTX or 1.800.735.2989
for more information. Email: John.Chandler@twc.state.tx.us Fax: 940.322.2683.
Deadline to submit a proposal is 4 p.m., Friday, March 21, 2003.
A Bidders' Conference will be held at 10 a.m. on Wednesday, February 12,
2003, in the conference room of the North Texas Workforce Development Board,
Inc. at 1101 Eleventh Street, Wichita Falls, TX 76301. We will not accept
questions over the phone. We will accept written questions until 12:00 p.m.
on Wednesday, February 12, 2003.
North Texas Workforce Development Board, Inc. is an Equal Opportunity Employer/Program.
Auxiliary aids and services are available upon request to individuals with
disabilities. Program operation dependent upon availability of funds from
Texas Workforce Commission.
TRD-200300330
Mona Williams-Statser
Executive Director
North Texas Workforce Development Board
Filed: January 21, 2003
Notice of Amendment to Interconnection Agreement
On January 16, 2003, Southwestern Bell Telephone, LP doing business as
Southwestern Bell Telephone Company and Teligent 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 2003) (PURA). The joint application
has been designated Docket Number 27242. The joint application and the underlying
interconnection agreement are available for public inspection at the Public
Utility Commission of Texas (commission) 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 3 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
27242. 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 February 18, 2003, 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 the commission's 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 action, 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, or by phone
at (512) 936-7120 or toll-free at 1-888-782-8477. Hearing and speech-impaired
individuals with text telephones (TTY) may contact the commission at (512)
936-7136. All correspondence should refer to Docket Number 27242.
TRD-200300318
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: January 17, 2003
On January 15, 2003, DPI-Teleconnect, LLC filed an application with the
Public Utility Commission of Texas (PUC) to amend its service provider certificate
of operating authority (SPCOA) granted in SPCOA Certificate Number 60215.
Applicant intends to remove the resale-only restriction.
The Application: Application of DPI-Teleconnect, LLC for an Amendment to
its Service Provider Certificate of Operating Authority, Docket Number 27236.
Persons wishing to comment on the action sought should contact the Public
Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas, 78711-3326,
or by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than
February 5, 2003. Hearing and speech-impaired individuals with text telephones
(TTY) may contact the Commission at (512) 936-7136 or toll free at 1-800-735-2989.
All comments should reference Docket Number 27236.
TRD-200300284
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: January 17, 2003
Notice is given to the public of the filing with the Public Utility Commission
of Texas of an application on January 14, 2003, 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 Alticomm, Inc. for a Service Provider
Certificate of Operating Authority, Docket Number 27221 before the Public
Utility Commission of Texas.
Applicant intends to provide plain old telephone service and long distance
service.
Applicant's requested SPCOA geographic area includes the area of Texas
currently served by Southwestern Bell Telephone and Verizon Southwest.
Persons who wish to comment upon the action sought should contact the Public
Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326,
or by phone at (512) 936-7120 or toll free at 1-800-782-8477 no later than
February 5, 2003. Hearing and speech-impaired individuals with text telephone
(TTY) may contact the commission at (512) 936-7136 or toll free at 1-800-735-2989.
All comments should reference Docket Number 27221.
TRD-200300244
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: January 16, 2003
Notice is given to the public of the filing with the Public Utility Commission
of Texas (commission) an application on January 13, 2003, for waiver of denial
by North American Numbering Plan Administrator (NANPA) of applicant’s
request for NXX codes.
Docket Title and Number: Application of TXU Communications Telephone Company
(TXUCT) for Waiver of Denial by Neustar of NXX Code Request. Docket Number
27214.
The Application: A customer of TXUCT, Curtis Development and Jarvis Entertainment
(Curtis/Jarvis), has requested TXUCT to supply 2 sequential blocks of 1,000
numbers for use in their new office development in Walden, Texas. On October
23, 2002, TXUCT stated that it submitted a Central Office Code (NXX) Assignment
Request to the NANPA for the assignment of NXX resources necessary to meet
the Curtis/Jarvis request. The specific 100 number blocks requested are 936-582-8XXX
and 936-448-7XXX. The NANPA denied TXUCT’s request based on practices
designed to prohibit acquisition of unneeded numbering resources. TXUCT seeks
an exception to the application of NXX assignment guidelines. TXUCT asked
that the Commission waive the NANPA’s denial of TXUCT’s NXX assignment
request.
Persons wishing to comment upon the action sought should contact the Public
Utility Commission of Texas, by mail at P.O. Box 13326, Austin, Texas, 78711-3326,
or by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than
February 18, 2003. Hearing and speech-impaired individuals with text telephones
(TTY) may contact the commission at (512) 936-7136 or toll-free at 1-800-735-2989.
All comments should reference Docket Number 27214.
TRD-200300246
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: January 16, 2003
Notice is given to the public of the filing, on January 21, 2003, with
the Public Utility Commission of Texas (commission), a notice of intent to
file a long run incremental cost (LRIC) study pursuant to the commission's
Substantive Rule §26.215. The Applicant will file the LRIC study on or
about January 31, 2003.
Docket Title and Number. Verizon Southwest’s Application for Approval
of LRIC Study for Frame Relay Service Pursuant to P.U.C. Substantive Rule
26.215, Docket Number 27258.
Any party that demonstrates a justiciable interest may file with the administrative
law judge, written comments or recommendations concerning the LRIC study referencing
Docket No. 27258. 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 Public Utility Commission
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-200300372
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: January 22, 2003
On January 14, 2003, Nortex Telecom, LLC 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 2003) (PURA). The joint application has been designated Docket
Number 27227. The joint application and the underlying interconnection agreement
is available for public inspection at the Public Utility Commission of Texas
(commission) 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 3 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 27227. 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 February 14, 2003,
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 the commission's 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 action, 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, or by phone
at (512) 936-7120 or toll-free at 1-888-782-8477 . Hearing and speech-impaired
individuals with text telephones (TTY) may contact the commission at (512)
936-7136. All correspondence should refer to Docket Number 27227.
TRD-200300237
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: January 15, 2003
On January 14, 2003, Henry Communications, Inc. doing business as Communicaciones
Hispanas 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 2003) (PURA).
The joint application has been designated Docket Number 27228. The joint application
and the underlying interconnection agreement is available for public inspection
at the Public Utility Commission of Texas (commission) 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 3 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 27228. 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 February 14, 2003,
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 the commission's 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 action, 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, or by phone
at (512) 936-7120 or toll-free at 1-888-782-8477 . Hearing and speech-impaired
individuals with text telephones (TTY) may contact the commission at (512)
936-7136. All correspondence should refer to Docket Number 27228.
TRD-200300238
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: January 15, 2003
On January 14, 2003, Phone Remedies, LLC 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 2003) (PURA). The joint application has been designated Docket
Number 27229. The joint application and the underlying interconnection agreement
is available for public inspection at the Public Utility Commission of Texas
(commission) 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 3 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 27229. 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 February 14, 2003,
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 the commission's 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 action, 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, or by phone
at (512) 936-7120 or toll-free at 1-888-782-8477 . Hearing and speech-impaired
individuals with text telephones (TTY) may contact the commission at (512)
936-7136. All correspondence should refer to Docket Number 27229.
TRD-200300239
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: January 15, 2003
On January 14, 2003, AmeriMex Communications Corp. 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 2003) (PURA). The joint application has been
designated Docket Number 27230. The joint application and the underlying interconnection
agreement is available for public inspection at the Public Utility Commission
of Texas (commission) 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 3 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 27230. 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 February 14, 2003,
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 the commission's 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 action, 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, or by phone
at (512) 936-7120 or toll-free at 1-888-782-8477 . Hearing and speech-impaired
individuals with text telephones (TTY) may contact the commission at (512)
936-7136. All correspondence should refer to Docket Number 27230.
TRD-200300240
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: January 15, 2003
On January 14, 2003, Capital Telecommunications, 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 2003) (PURA). The joint application has been
designated Docket Number 27231. The joint application and the underlying interconnection
agreement is available for public inspection at the Public Utility Commission
of Texas (commission) 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 3 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 27231. 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 February 14, 2003,
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 the commission's 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 action, 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, or by phone
at (512) 936-7120 or toll-free at 1-888-782-8477 . Hearing and speech-impaired
individuals with text telephones (TTY) may contact the commission at (512)
936-7136. All correspondence should refer to Docket Number 27231.
TRD-200300241
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: January 15, 2003
On January 15, 2003, Southwestern Bell Telephone, LP doing business as
Southwestern Bell Telephone Company and V3 Global, Inc., 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 2003) (PURA). The joint application has been designated Docket
Number 27235. The joint application and the underlying interconnection agreement
is available for public inspection at the Public Utility Commission of Texas
(commission) 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 3 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 27235. 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 February 14, 2003,
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 the commission's 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 action, 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, or by phone
at (512) 936-7120 or toll-free at 1-888-782-8477 . Hearing and speech-impaired
individuals with text telephones (TTY) may contact the commission at (512)
936-7136. All correspondence should refer to Docket Number 27235.
TRD-200300316
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: January 17, 2003
On January 16, 2003, Fitch Affordable Telecom Co. and Riviera Telephone
Company, Inc., 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 2003) (PURA). The joint application
has been designated Docket Number 27240. The joint application and the underlying
interconnection agreement is available for public inspection at the Public
Utility Commission of Texas (commission) 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 3 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 27240. 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 February 18, 2003,
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 the commission's 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 action, 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, or by phone
at (512) 936-7120 or toll-free at 1-888-782-8477 . Hearing and speech-impaired
individuals with text telephones (TTY) may contact the commission at (512)
936-7136. All correspondence should refer to Docket Number 27240.
TRD-200300317
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: January 17, 2003
Notice is given to the public of the filing with the Public Utility Commission
of Texas of a petition on December 10, 2002, for expanded local calling service
(ELCS), pursuant to Chapter 55, Subchapter C of the Public Utility Regulatory
Act (PURA). A summary of the application follows.
Project Title and Number: Petition of the Carlton Exchange for Expanded
Local Calling Service, Project Number 27088.
The petitioners in the Carlton exchange request ELCS to the exchanges of
Alexander, Dublin, Hamilton, Hico, and Stephenville.
Persons who wish to comment upon the action sought should contact the Public
Utility Commission of Texas, at P.O. Box 13326, Austin, Texas 78711-3326,
or call the commission's Customer Protection Division at (512)936-7120 no
later than February 13, 2003. Hearing and speech-impaired individuals with
text telephone (TTY) may contact the commission at (512) 936-7136.
TRD-200300285
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: January 17, 2003
On January 14, 2003, Southwestern Bell Telephone, LP doing business as
Southwestern Bell Telephone Company and Sage Telecom of Texas, LP, 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 2003) (PURA). The joint application
has been designated Docket Number 27226. 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 3 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
27226. 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 February 14, 2003, 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 action, 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, or by phone
at (512) 936-7120 or toll-free at 1-888-782-8477. Hearing and speech-impaired
individuals with text telephones (TTY) may contact the commission at (512)
936-7136. All correspondence should refer to Docket Number 27226.
TRD-200300236
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: January 15, 2003
The Public Utility Commission of Texas (commission) proposes a new form,
Copies of the proposed form and its associated instructions are available
in the commission’s Central Records Division, Room G-113, under Project
Number 26395. Copies of the form may also be accessed via the Internet at
http://www.puc.state.tx.us/electric/projects/26395/26395.cfm.
n addition to comments on the proposed form, the commission also requests
interested parties to file comments on the following question: In schedules
I, II, III, and IV of the report, is the proposed methodology of calculating
the amounts related to wholesale transmission and retail appropriate? If not,
what would be a better or more accurate method?
Written comments on the proposed form and related question may be submitted
to the Filing Clerk, Public Utility Commission of Texas, 1701 North Congress
Avenue, Austin, Texas, 78701 on or before March 3, 2003. Reply comments, if
any should be submitted on or before March 12, 2003. All comments should refer
to Project Number 26395.
Questions concerning the proposed form or this notice should be directed
to Darryl Tietjen, Director of Financial Analysis, Financial Review Division,
at 512-936-7436 or darryl.tietjen@puc.state.tx.us. Hearing and speech-impaired
individuals with text telephones (TTY) may contact the commission at 512-936-7136.
TRD-200300315
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: January 17, 2003
Comptroller of Public Accounts
Notice of Request for Proposals
Credit Union Department
Notice of Final Action Taken
Deep East Texas Local Workforce Development Board
Texas Education Agency
Employees Retirement System of Texas
Texas Commission on Environmental Quality
Notice of Application and Preliminary Decision for Compliance Plan
Notice of Application and Preliminary Decision for Hazardous Waste Permit
Notice of Application for Hazardous Waste Permit/Compliance Plans
Notice of Deletion of the Old Lufkin Creosoting State Superfund Site from the State Superfund Registry
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 Participate in Permitting Matters
Notice of Water Quality Applications
Notice of Water Rights Application
Proposed Enforcement Orders
Texas Department of Health
Notice of Emergency Cease and Desist Order on Central Testing Company, Inc.
Notice of Fiscal Year 2004 Continuation Request for Proposals for School-Based Health Centers
Notice of School Health Program 2003-2004 School Year Competitive Request for Proposals
Texas Health and Human Services Commission
Texas Department of Housing and Community Affairs
Houston-Galveston Area Council
Texas Department of Human Services
Public Notice of Closed Solicitation for Clay, Donley, Hansford, and Kent Counties
Public Notice of Closed Solicitation for Dallam, La Salle, and Presidio Counties
Public Notice of Closed Solicitation for Hartley County
Public Notice of Closed Solicitation for Parmer and San Jacinto Counties
Public Notice of Closed Solicitation for Schleicher County
Public Notice of Closed Solicitation for Sherman County
Public Notice of Closed Solicitation for Upton County
Texas Department of Insurance
Company Licensing
Notice
Notice
Notice
Third Party Administrator Applications
Manufactured Housing Division
North Texas Workforce Development Board
Public Utility Commission of Texas
Notice of Application for Amendment to Service Provider Certificate of Operating Authority
Notice of Application for Service Provider Certificate of Operating Authority
Notice of Application for Waiver of Denial of Request for NXX Codes
Notice of Intent to File Pursuant to P.U.C. Subst. R. 26.215
Notice of Interconnection Agreement
Notice of Interconnection Agreement
Notice of Interconnection Agreement
Notice of Interconnection Agreement
Notice of Interconnection Agreement
Notice of Interconnection Agreement
Notice of Interconnection Agreement
Notice of Petition for Expanded Local Calling Service
Public Notice of Amendment to Interconnection Agreement
Request for Comments on Form for Earnings Monitoring Report for Investor-Owned Transmission and Distribution Service Providers
WorkSource of the South Plains