Office of the Attorney General
Agreed Final Judgment and Permanent Injunction
The State of Texas hereby gives notice of the proposed resolution of an
environmental enforcement lawsuit brought pursuant to the Texas Solid Waste
Disposal Act and the Texas Water Code. Before the State may settle a judicial
enforcement action, pursuant to Section 7.110 of the Texas Water Code, the
State shall permit the public to comment in writing on the proposed judgment.
The Attorney General will consider any written comments and may withdraw or
withhold consent to the proposed agreed judgment if the comments disclose
facts or considerations that indicate that the consent is inappropriate, improper,
inadequate, or inconsistent with the requirements of the Law.
Case Title and Court:
The State of Texas v. Pharr
Plantation, Inc., Pharr Plantation Development Company. Ltd., and Heblen Kanan
, Cause No. GV2-04348 in the 261st District Court of Travis County,
Texas.
Nature of Suit: This is a suit for enforcement of an agreed administrative
order of the Texas Commission on Environmental Quality concerning hazardous
wastes at a former crop-dusting air field in Pharr, Texas (the "Site"). The
Defendants are Pharr Plantation, the owner of the Site, Pharr Plantation Development,
a land developer operating on the Site, and Heblen Kanan, the president and
majority owner of the two companies.
Proposed Agreed Judgment: The proposed Agreed Final Judgment and Permanent
Injunction settles all of the State's claims in the suit. The Agreed Final
Judgment and Permanent Injunction contains provisions for injunctive relief,
civil penalties, and attorney's fees. The proposed judgment will enjoin the
defendants to conduct an investigation and, if necessary, to remediate the
Site. The defendants will also be enjoined to remove an underground storage
tank. The judgment awards the State $21,000 in civil penalties, $28,600 in
deferred administrative penalties, and $21,000 in attorney's fees.
The Office of the Attorney General will accept written comments relating
to this proposed judgment for thirty (30) days from the date of the publication
of this notice. Copies of the proposed judgment may be examined at the Office
of the Attorney General, 300 W. 15th Street, 10th Floor, Austin, Texas. A
copy of the proposed judgment may also be obtained in person or by mail at
the above address for the cost of copying. Requests for copies of the judgment
and written comments on the proposed judgment should be directed to Jane E.
Atwood, Assistant Attorney General, Office of the Texas Attorney General,
P. O. Box 12548, Austin, Texas 78711-2548, (512) 463-2012, facsimile (512)
320-0052.
For information regarding this publication you
may contact A.G. Younger, Agency Liaison at (512) 463-2110.
TRD-200500024
Nancy S. Fuller
Assistant Attorney General
Office of the Attorney General
Filed: January 4, 2005
Request for Proposal
TBPC Project No. 04-006-7646
Project Name: William P. Clements Building Exterior Wall Renovation, 300
West 15th Street, Austin, Texas 78701, for the Office of the Attorney General.
Sealed Bids for this project will be received until 3:00 P.M., Monday,
January 31, 2005, at the 4th Floor Reception, 1711 San Jacinto, Austin, TX
78701. See the RFP for other delivery choices.
Plans and specifications may be obtained from the A/E, MACTEC 5500 Guhn
Road, Houston, Texas 77040 (P) (713) 939-8444, (F) (713) 462-1653, for a deposit
of $50.00 per set, refundable upon return of a complete, unmarked set(s) or
non-refundable purchase from Ridgway’s in Austin or Houston.
A Mandatory Pre-Bid Conference will be held at William P. Clements Building
(Room 103), 300 West 15th Street, Austin, Texas 78701, at 10:30 a.m., Wednesday,
January 19, 2005. Only proposals submitted on the official Contractor’s
Bid Form found in the Project Manual will be accepted.
The RFP may be obtained by contacting TBPC Internal Procurement, Attn:
Kenneth Ming (F) (512) 463-3360, kenneth.ming@tbpc.state.tx.us or through
the Electronic State Business Daily at: http://esbd.tbpc.state.tx.us/ Then
enter the Agency Req. No. "303-5-10174A" in the blank provided and click FIND.
TRD-200407528
Mark Gentle
Legal Counsel
Texas Building and Procurement Commission
Filed: December 30, 2004
Notice and Opportunity to Comment on Requests for Consistency Agreement/Concurrence Under the Texas Coastal Management Program
On January 10, 1997, the State of Texas received federal approval of the
Coastal Management Program (CMP) (62 Federal Register pp. 1439-1440). Under
federal law, federal agency activities and actions affecting the Texas coastal
zone must be consistent with the CMP goals and policies identified in 31 TAC
Chapter 501. Requests for federal consistency review were deemed administratively
complete for the following project(s) during the period of December 23, 2004,
through December 30, 2004. 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. The notice was published on the web site on December 29,
2004. The public comment period for these projects will close at 5:00 p.m.
on January 28, 2005.
FEDERAL AGENCY ACTIONS:
Applicant: TMR Exploration, Inc.
; Location:
The project is located in the Galveston West Bay State Tract 21 S/2, approximately
14 miles southwest of Hitchcock, Texas, in Brazoria County, Texas. The project
can be located on the U.S.G.S. quadrangle map entitled: Hoskins Mound, Texas.
Approximate UTM Coordinates in NAD 27 (meters): Zone 15; Easting: 293,034.862;
Northing: 3,229,547.463. Project Description: The applicant has changed the
location of the proposed placement area for the dredge material in response
to comments from the public noticed dated 15 October 2004. The materials from
this channel would be piped to a beneficial use area along the south shore
of the bay and on the north side of Alligator Point. The applicant still proposes
to drill and maintain wells in State Tract 21, Galveston West Bay, install
a production platform, install well guards, and lay flow lines (not sales
lines) for the production of oil and gas. The water depth at the proposed
site is 5 feet. The bay bottom of the proposed well location is soft mud and
no oysters or shell reefs exist within a 500-foot radius. The applicant still
proposes to hydraulically dredge a channel approximately 80 feet wide, 3 feet
deep and approximately 3,069 feet long to connect to a 200-foot by 250-foot
basin at a proposed well site. The basin would also be dredged approximately
3 feet deep. CCC Project No.: 05-0077-F1; Type of Application: U.S.A.C.E.
permit application #23465 (2nd Revision) is being evaluated under §10
of the Rivers and Harbors Act of 1899 (33 U.S.C.A. §403) and §404
of the Clean Water Act (33 U.S.C.A. §1344). Note: The consistency review
for this project may be conducted by the Texas Railroad Commission under §401
of the Clean Water Act.
Applicant: R. B. and Yvonne Darrell
; Location:
The project is located along Caney Creek in Caney Creek Haven Subdivision
Lots 11 and 12, Block 1, Section 4, in Sargent, Matagorda County, Texas. The
project can be located on the U.S.G.S. quadrangle map entitled: Sargent, Texas.
Approximate UTM Coordinates in NAD 27 (meters): Zone 15; Easting: 241172;
Northing: 3188288. Project Description: The applicant proposes to place fill
into 0.0006 acre of wetlands during the construction of 100 linear feet of
bulkhead across the front of their property. The applicant proposes to tie
into the adjacent property owner's bulkhead. Approximately 30 square feet
(0.0006 acre) of phragmites would be filled in during construction. CCC Project
No.: 05-0079-F1; Type of Application: U.S.A.C.E. permit application #23625
is being evaluated under §10 of the Rivers and Harbors Act of 1899 (33
U.S.C.A. §403) and §404 of the Clean Water Act (33 U.S.C.A. §1344).
Applicant: Lynn Watkins
; Location: The project
is located at along the Gulf Intracoastal Waterway (GIWW) approximately 1.4
miles west of Port O'Connor about 100 feet west of Scurlock Road in Port O'Connor
in Calhoun County, Texas. The project can be located on the U.S.G.S. quadrangle
map titled: Port O'Connor, Texas. Approximate UTM Coordinates in NAD 27 (meters):
Zone 14; Easting: 751104; Northing: 3147425. The proposed mitigation site
can be located on the U.S.G.S. quadrangle map titled: Kamey, Texas. Approximate
UTM Coordinates in NAD 27 (meters): Zone 14; Easting: 729206; Northing: 3175193.
Project Description: The applicant proposes to construct a 2.54-acre development
along the GIWW. The development consists of bulkheading 471 feet of waterfront,
dredging approximately 2,901cubic yards of material from in front of the bulkhead
to provide boat access to the lots and the construction of piers and boathouses
for the associated lots. The dredge material will be placed onsite to fill
approximately 0.36 acre of jurisdictional wetlands and bring the lots up to
grade suitable for single family residential construction. The project proposes
to offset impacts to jurisdictional waters of the United States and adjacent
wetlands by excavating 0.43 acres of uplands to create a Spartina marsh with
a circulation channel and tidal pools. CCC Project No.: 05-0090-F1; Type of
Application: U.S.A.C.E. permit application #23593 is being evaluated under §10
of the Rivers and Harbors Act of 1899 (33 U.S.C.A. §403) and §404
of the Clean Water Act (33 U.S.C.A. §1344).
Pursuant to §306(d)(14) of the Coastal Zone Management Act of 1972
(16 U.S.C.A. §§1451-1464), as amended, interested parties are invited
to submit comments on whether a proposed action is or is not consistent with
the Texas Coastal Management Program goals and policies and whether the action
should be referred to the Coastal Coordination Council for review.
Further information on the applications listed above may be obtained from
Ms. Gwen Spriggs, Council Administrative Coordinator, Coastal Coordination
Council, P.O. Box 12873, Austin, Texas 78711-2873, or gwen.spriggs@glo.state.tx.us.
Comments should be sent to Ms. Spriggs at the above address or by fax at (512)
475-0680.
TRD-200500046
Larry L. Laine
Chief Clerk/Deputy Land Commissioner, General Land Office
Coastal Coordination Council
Filed: January 5, 2005
Local Sales Tax Rate Changes Effective January 1, 2005
TRD-200500001
Martin Cherry
Chief Deputy General Counsel
Comptroller of Public Accounts
Filed: January 2, 2005
Pursuant to Chapters 2305 and 403, Texas Government Code, the Office of
the Comptroller of Public Accounts (Comptroller), on behalf of the State Energy
Conservation Office (SECO) Housing Partnership Program (HPP), issues this
Request for Information (RFI #170e) from interested political subdivisions
to obtain input into a design or ideas for the Housing Partnership Project
(Project). SECO requests information from the foregoing entities that would
be interested in submission of information to SECO to assist in a potential
pilot Project, specifically, the design, installation, and maintenance of
energy efficient systems such as heating, ventilation, air conditioning, energy
control systems, and insulation, as well as training, public outreach, and
other activities for low-to-moderate income households in the state.
Contact: Entities interested in submitting information in response to this
RFI should contact Mary-Jo Rowan, State Energy Conservation Office, Comptroller
of Public Accounts, 111 East 17th Street, Room 1114, Austin, Texas 78774,
telephone number: (512) 463-1931, no later than 5:00 p.m. Central Zone Time
(CZT), on or before Tuesday, February 15, 2005. All written inquiries and
questions must be received at the location specified above, prior to 5:00
p.m. (CZT) on January 31, 2005, in order to be considered.
Responses: Comptroller and SECO reserve the right, in their sole judgment
and discretion, to accept or reject any or all responses received. Responses
received by the deadline will be subject to evaluation by Comptroller, SECO,
and/or a committee and all responses shall become the property of SECO and
Comptroller. Responses will be public information and available to any requester.
Neither Comptroller nor SECO is under any legal or other obligation to issue
any solicitation or execute a contract or make any selection or award on the
basis of this notice or any responses received as a result of the issuance
of this RFI. Neither SECO nor Comptroller shall pay for any costs incurred
by any political subdivision or any other entity in responding to this RFI.
Closing Date: All responses to this RFI must be submitted to the address
set forth above no later than 5:00 p.m. (CZT), on Tuesday, February 15, 2005.
Respondents are solely responsible for ensuring timely receipt of all responses
at the location set forth above on or before the deadline. Late responses
received after this time and date will not be considered. All responses must
be submitted in the format designed and provided by SECO. The RFI format is
located on the SECO website--http://www.seco.cpa.state.tx.us/seco_rfi.htm
or can be requested by telephone (800) 531-5441, EXT. 3-1931. Respondents
must complete and submit all of the following in response to this RFI:
* Provide updated information on the creation, design, and installation
of energy efficient systems, including energy management control systems,
heating, ventilation, air conditioning, insulation, and other energy conservation
measures, in low-to-moderate income housing;
* Provide information to SECO and Comptroller on a potential specific target
audience(s) in a given geographical area(s) who could benefit by receiving
such systems; as Optional Information, respondents may also choose to provide
information on areas in the development and implementation of a community
outreach program that describes the economics, environmental benefits, and
reliability of energy efficiency and energy conservation-related technologies
to enhance energy-awareness and further assist low-to-moderate income families;
* Provide input on the design and creation of effective, user-friendly,
hands-on training materials, modules, and workshops to assist the recipients
of the foregoing systems in the operation, care, and maintenance of the installed
systems; and
* Any other information, such as funding arrangements, public-private partnerships,
etc., respondent deems pertinent or relevant to this RFI.
TRD-200500050
William Clay Harris
Assistant General Counsel, Contracts
Comptroller of Public Accounts
Filed: January 5, 2005
Pursuant to Chapter 2254, Subchapter B, and §403.011 and §403.3011,
Texas Government Code; §5.102, Property Tax Code; and Chapter 271, Local
Government Code, the Comptroller of Public Accounts (Comptroller) announces
the withdrawal of its Request for Proposals (RFP #170a) for the conduct of
Appraisal Standards Reviews.
Issuance Date: The RFP was issued on Friday, October 29, 2004, and was
posted in the
Texas Register
on same date
at 29 TexReg 10152.
No Proposals were received in response to the RFP. 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.
TRD-200500052
William Clay Harris
Assistant General Counsel, Contracts
Comptroller of Public Accounts
Filed: January 5, 2005
Notice of Rate Ceilings
The Consumer Credit Commissioner of Texas has ascertained the following
rate ceilings by use of the formulas and methods described in Sections 303.003
and 303.009, Tex. Fin. Code.
The weekly ceiling as prescribed by Sections 303.003 and 303.009 for the
period of 01/10/05 - 01/16/05 is 18% for Consumer
1
/Agricultural/Commercial
The weekly ceiling as prescribed by Sections 303.003 and 303.009 for the
period of 01/10/05 - 01/16/05 is 18% for Commercial over $250,000.
1
Credit for personal, family or household
use.
2
Credit for business, commercial, investment
or other similar purpose.
TRD-200500013
Leslie L. Pettijohn
Commissioner
Office of Consumer Credit Commissioner
Filed: January 4, 2005
Request for Comments Regarding Task Force on Indigent Defense Formula Grant Change Procedure and Timeline
Background and Citations
: For two full years,
the Task Force on Indigent Defense has collected from counties indigent defense
expenditures data in accordance with the Texas Government Code §71.0351.
During this time, some counties have questioned whether or not there is a
better method to distribute state money to improve indigent defense services
in Texas counties. For example, some counties have received reimbursement
of all of increased indigent defense costs and others have received only a
small fraction of their increased costs.
At its inception, the Task Force proposed the formula listed below as its
primary means of funding to counties to improve local indigent defense systems
and offset local indigent defense costs. In addition, when the Task Force
proposed the formula, there was a recommendation that the formula be revisited
after two years of data collection. The current formula is:
Formula
: The Task Force distributes funds
to counties through a formula that sets a $5,000 floor per grant with the
remainder based on a county’s percent of population (2000 Census) multiplied
by the Task Force’s remaining budgeted amount for formula grant. Counties
must meet minimum spending requirements to qualify.
Process and Timeline
: The Task Force through
its Grants and Reporting Committee requests that any interested persons submit
comments concerning the current formula process that may better meet the needs
of Texas counties within the bounds of the Task Forces’ statutory authority
Submitted comments must include the following information
:
1. Name and contact information of the person submitting the comment;
2. Entity, association, or county(ies) represented by the comment;
3. State whether comment is for or against changing the formula;
4. The reasoning behind the comment;
If proposing a change:
5. State clearly what the change should be;
6. State the impact the change will have on your entity, association, or
county(ies);
7. Provide the source of any data used to calculate the proposed formula;
and
8. Provide an example of the calculation using the suggested formula.
All proposed changes must be in writing. The Task Force has the authority
under law to continue the current formula or change it as determined by the
Task Force.
A sub-workgroup of the Task Force will be convened to review the results
of public comments and identify possible workable formulas to be submitted
to the Task Force consideration. Workable formula means that the data used
to calculate the proposed formula is available for all Texas counties and
that a result can be determined for all counties. The sub-workgroup will provide
a written report of its findings at the next public meeting of the Grants
and Reporting Committee of the Task Force.
Please send any proposed formula grant formula changes by February 5, 2005
to Bryan Wilson, P.O. Box 12066, Austin, Texas 78711. Comments may be faxed
to 512-475-3450 or e-mailed to bryan.wilson@courts.state.tx.us. For more information
about the Task Force on Indigent Defense, please visit our website: www.courts.state.tx.us/tfid.
Please direct questions about this posting, the formula, or grant processes
to 512-936-6994 or Toll Free at 866-499-0656.
Deadline for comments:
February 5, 2005
The following statute provides the Task Force the authority to distribute
funds:
Texas Government Code Sec. 71.062. TECHNICAL SUPPORT; GRANTS.
(a) The Task Force on Indigent Defense shall:
(1) provide technical support to:
(A) assist counties in improving their indigent defense systems; and
(B) promote compliance by counties with the requirements of state law relating
to indigent defense;
(2) direct the comptroller to distribute funds, including grants, to counties
to provide indigent defense services the county; and
(3) monitor each county that receives a grant and enforce compliance by
the county with the conditions of the grant, including enforcement by directing
the comptroller to:
(A) withdraw grant funds; or
(B) require reimbursement of grant funds by the county.
(b) The Task Force on Indigent Defense shall direct the comptroller to
distribute funds as required by Subsection (a)(2) based on a county's compliance
with standards developed by the task force and the county's demonstrated commitment
to compliance with the requirements of state law relating to indigent defense.
(c) The Task Force on Indigent Defense shall develop policies to ensure
that funds under Subsection (a)(2) are allocated and distributed to counties
in a fair manner.
(d) A county may not reduce the amount of funds provided for indigent defense
services in the county because of funds provided by the Task Force on Indigent
Defense under this section.
TRD-200500039
James Bethke
Director
Office of Court Administration
Filed: January 5, 2005
Request for Applications Concerning Texas Accelerated Science Achievement Program (Texas ASAP)
Eligible Applicants. The Texas Education Agency (TEA) is requesting applications
under Request for Application (RFA) #701-04-045 from school districts or open-enrollment
charter schools that meet both of the following eligibility criteria: (1)
the local education agency (LEA) must include one or more high school campuses
identified as under-performing, at which 64 percent or fewer 10th grade students
or 85 percent or fewer 11th grade students met the state standard on the science
portion of the Texas Assessment of Knowledge and Skills (TAKS) during the
spring 2004 administration; and (2) the LEA has entered into a partnership
or commits to entering into a partnership with the science department of an
institution of higher education.
Each participating high school campus must also meet the preceding criteria
to be eligible to be served under this grant program. A shared services arrangement
(SSA) of two or more eligible public school districts or open- enrollment
charter schools is also eligible to apply. Public school districts, open-enrollment
charter schools, and education service centers will be eligible to serve as
fiscal agents of an SSA. Each member district of an SSA must meet the eligibility
criteria for both the LEA and for each campus identified for participation.
Description. The purpose of the Texas Accelerated Science Achievement Program
(Texas ASAP) is to implement intensive after-school and summer school programs
designed to increase 10th and 11th grade student achievement as measured by
the science portions of the TAKS tests. The intent of the Texas ASAP is to
provide direct and indirect (support) services to students in Grades 9 through
12 using intervention programs that target students attending high schools
with low student performance on the science TAKS tests. Texas ASAP is an intensive
intervention grant program focused on improving student performance on the
10th and 11th grade science TAKS tests; improving student performance for
students who are in danger of not graduating within four years after entering
9th grade as a result of not passing the required science portions of the
TAKS tests or not successfully completing a science course; and improving
performance for student groups, such as female students and students with
limited English proficiency, with persistent performance gaps in science and
on statewide assessments.
Dates of Project. Texas ASAP will be implemented during the 2004-2005 and
2005-2006 school years. Applicants should plan for a starting date of no earlier
than April 1, 2005, and an ending date of no later than December 31, 2005.
Project Amount. Approximately $10 million is available for funding. Each
application may reflect a maximum budget of no more than $50,000 per campus
represented. Final funding amounts will be based on number of campuses awarded
under each application. Eligible entities may not apply for multiple grants,
but may apply on behalf of as many campuses as they wish in a single application.
Selection Criteria. Texas ASAP grant applications received by the established
deadline date and time will be reviewed. Individual campus scores will be
based on TAKS data for campuses and student groups. Campuses will be rank
ordered based on these scores and will be funded in rank order until funds
are exhausted. Applications will also be reviewed to determine the capability
of the applicant to implement its proposed program. All required components
of the application must be addressed to be considered for funding.
The TEA is not obligated to approve an application, provide funds, or endorse
any application submitted in response to this RFA. This RFA does not commit
TEA to pay any costs before an application is approved. The issuance of this
RFA does not obligate TEA to award a grant or pay any costs incurred in preparing
a response.
Requesting the Application. A complete copy of RFA #701-04-045 may be obtained
by writing 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 refer to the RFA number and title in your request. Provide your name,
complete mailing address, and phone number including area code. The announcement
letter and complete RFA will also be posted on the TEA website at http://www.tea.state.tx.us/opge/disc/index.html
for viewing and downloading.
Further Information. For clarifying information about the Texas ASAP RFA,
contact Gina S. Day, Office of Education Initiatives, Texas Education Agency,
(512) 936-6060.
Deadline for Receipt of Applications. Applications must be received by
the Texas Education Agency by 5:00 p.m. (Central Time), Thursday, February
17, 2005, to be considered for funding.
TRD-200500045
Cristina De La Fuente-Valadez
Director, Policy Coordination
Texas Education Agency
Filed: January 5, 2005
Notice of a Public Hearing on Proposed Revisions to Chapter 113 and to the State Implementation Plan
The Texas Commission on Environmental Quality (commission) will conduct
a public hearing to receive comments concerning revisions to 30 TAC Chapter
113, Standards of Performance for Hazardous Air Pollutants and for Designated
Facilities and Pollutants; and corresponding revisions to the state implementation
plan (SIP). The commission is holding this public hearing to comply with the
requirements of Texas Health and Safety Code, §382.017; Texas Government
Code, Subchapter B, Chapter 2001; and 40 Code of Federal Regulations, §51.102,
of the United States Environmental Protection Agency regulations concerning
SIPs.
The proposed rulemaking would adopt by reference 50 amended and 30 new
federal maximum achievable control technology standards and general provisions
into Chapter 113.
A public hearing on this proposal will be held in Austin on January 31,
2005 at 10:00 a.m. in Building F, Room 2210, at the commission's central office
located at 12100 Park 35 Circle. The hearing will be structured for the receipt
of oral or written comments by interested persons. Individuals may present
oral statements when called upon in order of registration. There will be no
open discussion during the hearing; however, an agency staff member will be
available to discuss the proposal 30 minutes prior to the hearing and will
answer questions before and after the hearing.
Persons with disabilities who have special communication or other accommodation
needs who are planning to attend the hearing should contact the Office of
Environmental Policy, Analysis, and Assessment at (512) 239- 4900. Requests
should be made as far in advance as possible.
Comments may be submitted to Patricia Durón, MC 205, Office of Environmental
Policy, Analysis, and Assessment, Texas Commission on Environmental Quality,
P.O. Box 13087, Austin, Texas 78711- 3087, or by fax to (512) 239-4808. All
comments should reference Rule Project Number 2002-036c-113-AI, and must be
received by 5:00 p.m., January 31, 2005. For further information, please contact
Joe Thomas, Policy and Regulations Division at (512) 239-4580 or Michael Wilhoit,
Air Permits Division at (512) 239-1222.
TRD-200500025
Stephanie Bergeron Perdue
Director, Environmental Law Division
Texas Commission on Environmental Quality
Filed: January 4, 2005
The Texas Commission on Environmental Quality (commission), in coordination
with the Houston-Galveston Area Council (H-GAC), serving as the Metropolitan
Planning Organization (MPO) for the Houston/Galveston/Brazoria metropolitan
area (HGB), proposes to substitute certain transportation control measures
(TCMs) contained in the HGB state implementation plan (SIP). As provided by
commission rules, the commission and the H-GAC have initiated a process to
approve substitute TCMs for the HGB SIP. Documentation regarding each proposed
substitute TCM is available for public review at the commission Web site located
at
http://www.tnrcc.state.tx.us/oprd/sips/tcm.html
. Documentation may also be obtained from Shelley Whitworth, Program
Manager, Houston-Galveston Area Council, P.O. Box 22777, Houston, Texas 77227-2777,
or at (713) 499-6695.
The commission will hold a public hearing on this proposal on February
15, 2005, 2:00 p.m., at the Houston-Galveston Area Council, 3555 Timmons,
Conference Room A, Houston, Texas. The hearing will be structured for the
receipt of oral and/or written comments from interested persons. Individuals
may present oral statements when called upon in order of registration. There
will be no open discussion during the hearing; however, a commission staff
member will be available to discuss the proposal 30 minutes prior to the hearing
and will answer questions before and after the hearing.
Persons with disabilities who have special communication or other accommodation
needs who are planning to attend the hearing should contact Shelley Whitworth
at (713) 499-6695. Requests for special accommodations should be made as far
in advance as possible.
Comments may be submitted to Margie McAllister, Texas Commission on Environmental
Quality, Office of Environmental Policy, Analysis, and Assessment, MC 206,
P.O. Box 13087, Austin, Texas 78711-3087, or faxed to (512) 239-5687. All
comments should reference Transportation Control Measure Substitution for
the HGB area. Comments must be received by 5:00 p.m., February 15, 2005. For
further information, please contact Margie McAllister of the Environmental
Planning and Implementation Division at (512) 239-1967.
TRD-200500041
Stephanie Bergeron Perdue
Director, Environmental Law Division
Texas Commission on Environmental Quality
Filed: January 5, 2005
Notice mailed December 22, 2004.
TCEQ Internal Control No. 11182004-D04; Becky Krueger, Lonny Rinderknecht,
Ronny Rinderknecht, Jeff Rinderknecht, Mike Rinderknecht, Ricky Rinderknecht,
W.A. Rinderknecht, George H. Freeman, Jr., Jan Barron, Kathy Freeborn, Heidi
Freeborn, Janie L. Freeborn, trustee under the Freeborn Family Living Trust
dated November 15, 1994, as amended and George H. Freeman, trustee under the
Freeborn Family Living Trust dated November 15, 1994, as amended (Petitioners)
filed a petition for creation of Kelly Lane Water Control and Improvement
District No. 2 of Travis County (District) with the Texas Commission on Environmental
Quality (TCEQ). The petition was filed pursuant to Article XVI, Section 59
of the Constitution of the State of Texas; Chapters 49 and 51 of the Texas
Water Code; 30 Texas Administrative Code Chapter 293; and the procedural rules
of the TCEQ. The petition states that: (1) the Petitioners are the owners
of a majority in value of the land to be included in the proposed District;
(2) there are no lienholders on the property to be included in the proposed
District; (3) the proposed District will contain approximately 212.37 acres
located within Travis County, Texas; and (4) the proposed District is within
the extraterritorial jurisdiction of the City of Pflugerville, Texas and is
not within the corporate limits or extraterritorial jurisdiction of any other
city, town or village in Texas. By Resolution No. 643-04-10-12-8A, effective
October 12, 2004, the City of Pflugerville, Texas, gave its consent to the
creation of the proposed District. The petition further states that the proposed
District will: construct, acquire, maintain, and operate an adequate and efficient
water supply and distribution system, wastewater collection and treatment
system, and internal drainage and water control system for storm water flows,
all as more particularly described in an engineer's report filed simultaneously
with the filing of the petition; and construct, acquire, improve, maintain,
and operate additional facilities, systems, plants, and enterprises consistent
with the purposes for which the District is created and permitted under State
law. According to the petition, the Petitioners have conducted a preliminary
investigation to determine the cost of the project, and from the information
available at the time, the cost of the project is estimated to be approximately
$16,710,000.
INFORMATION SECTION
The TCEQ may grant a contested case hearing on a petition if a written
hearing request is filed within 30 days after the newspaper publication of
the notice. To request a contested case hearing, you must submit the following:
(1) your name (or for a group or association, an official representative),
mailing address, daytime phone number, and fax number, if any; (2) the name
of the petitioner and the TCEQ Internal Control Number; (3) the statement
"I/we request a contested case hearing"; (4) a brief description of how you
would be affected by the petition in a way not common to the general public;
and (5) the location of your property relative to the proposed district's
boundaries. You may also submit your proposed adjustments to the petition
which would satisfy your concerns. Requests for a contested case hearing must
be submitted in writing to the Office of the Chief Clerk at the address provided
in the information section below.
The Executive Director may approve a petition unless a written request
for a contested case hearing is filed within 30 days after the newspaper publication
of the notice. If a hearing request is filed, the Executive Director will
not approve the petition and will forward the petition and hearing request
to the TCEQ Commissioners for their consideration at a scheduled Commission
meeting. If a contested case hearing is held, it will be a legal proceeding
similar to a civil trial in state district court.
Written hearing requests should be submitted to the Office of the Chief
Clerk, MC 105, TCEQ, P.O. Box 13087, Austin, TX 78711-3087. For information
concerning the hearing process, please contact the Public Interest Counsel,
MC 103, 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-200500036
LaDonna Castañuela
Chief Clerk
Texas Commission on Environmental Quality
Filed: January 5, 2005
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. TWC, §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. TWC, §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
February 14, 2005
. TWC, §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 February 14, 2005
. 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: Adam Keller dba Adam's Irrigation Co. dba Adams Landscape;
DOCKET NUMBER: 2003-0534-LII-E; TCEQ ID NUMBER: RN103142311; LOCATION: 7302
Mesquite Creek, San Antonio, Bexar County, Texas; TYPE OF FACILITY: landscape
irrigation; RULES VIOLATED: 30 TAC §334.4(a) and (b), and TWC, §34.007(a),
by altering or repairing a landscape irrigation system without obtaining the
required license or being licensed by the State Board Of Plumbing Examiners;
30 TAC §344.94(b), by failing to comply with the requirement that all
written contracts and bills to install irrigation systems include the statement:
"Irrigation in Texas is regulated by the TCEQ" as substantiated by a copy
of the contract provided to the homeowner which does not contain this statement;
and 30 TAC §334.93(c), by failing to comply with the requirement prohibiting
misleading or deceptive practices related to the bidding or advertising of
services; PENALTY: $375; STAFF ATTORNEY: Barbara Klein, Litigation Division,
MC 175, (512) 239-1320; REGIONAL OFFICE: San Antonio Regional Office, 14250
Judson Road, San Antonio, Texas 78233- 4480, (210) 490-3096.
(2) COMPANY: ARZ, Inc. dba Jack's Mini Market 2; DOCKET NUMBER: 2003-1013-PST-E;
TCEQ ID NUMBERS: 0039738 and RN101725448; LOCATION: 13020 Market Street, Houston,
Harris County, Texas; TYPE OF FACILITY: convenience store with retail sales
of gasoline; RULES VIOLATED: 30 TAC §334.50(b)(1)(A) and §334.48(c),
and TWC, §26.3475(c)(1), by failing to monitor the underground storage
tanks (USTs) for releases at a frequency of at least once per month not to
exceed 35 days between each monitoring; PENALTY: $1,925; STAFF ATTORNEY: Deborah
A. Bynum, Litigation Division, MC 175, (512) 239-1976; REGIONAL OFFICE: Houston
Regional Office, 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713)
767-3500.
(3) COMPANY: Dallas County Hospital District dba Parkland Health and Hospital
System; DOCKET NUMBER: 2004-0134-PST-E; TCEQ ID NUMBERS: 67124 and RN102985090;
LOCATION: 5201 Harry Hines Boulevard, Dallas, Dallas County, Texas; TYPE OF
FACILITY: hospital with two petroleum storage tanks; RULES VIOLATED: 30 TAC §334.8(c)(5)(B)(ii)
and TWC, §26.346(a), by failing to renew a delivery certificate by timely
and proper submission of a new UST registration and self-certification form
to the commission; PENALTY: $900; STAFF ATTORNEY: Barbara J. Watson, Litigation
Division, MC 175, (512) 239-2044; REGIONAL OFFICE: Dallas-Fort Worth Regional
Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(4) COMPANY: Devon Energy Production Company, L.P.; DOCKET NUMBER: 2004-1562-AIR-
E; TCEQ ID NUMBERS: FG0608E and RN102540549; LOCATION: four and one half miles
northwest of Needville on Highway 360, Fort Bend County, Texas; TYPE OF FACILITY:
natural gas compressor station; RULES VIOLATED: 30 TAC §101.359(1), (2),
and (3), and Texas Health and Safety Code (THSC), §382.085(b), by failing
to submit an annual compliance report; PENALTY: $750; STAFF ATTORNEY: Gitanjali
Yadav, Litigation Division, MC 175, (512) 239-2029; REGIONAL OFFICE: Houston
Regional Office, 5425 Polk Avenue, Suite H, Houston, Texas 77023- 1486, (713)
767-3500.
(5) COMPANY: Devon Gas Services, L.P.; DOCKET NUMBER: 2003-1303-AIR-E;
TCEQ ID NUMBERS: WB0051J, WB0125F, RN102600442 and RN101973006; LOCATION:
one and one half miles north of Pattison on Highway 359, and three miles west
of Katy, 2220 Schlipf Road, Waller County, Texas; TYPE OF FACILITY: natural
gas compressor and processing; RULES VIOLATED: 30 TAC §101.359(1), (2),
and (3), and THSC, §382.085(b), by failing to submit an annual compliance
report; PENALTY: $1,500; STAFF ATTORNEY: Gitanjali Yadav, Litigation Division,
MC 175, (512) 239-2029; REGIONAL OFFICE: Houston Regional Office, 5425 Polk
Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(6) COMPANY: Frank Pokluda dba Time Mart No. 17; DOCKET NUMBER: 2003-0229-PST-E;
TCEQ ID NUMBERS: 0005872 and RN101251379; LOCATION: 29503 Farm-to-Market Road
1488, Waller, Waller County, Texas; TYPE OF FACILITY: convenience store with
retail sales of gasoline; RULES VIOLATED: 30 TAC §37.815(a) and (b),
by failing to demonstrate acceptable financial assurance for taking corrective
action and for compensating third parties for bodily injury and property damage
caused by accidental releases arising from the operation of petroleum USTs;
PENALTY: $3,800; STAFF ATTORNEY: Lindsay Andrus, Litigation Division, MC 175,
(512) 239-4761; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Avenue,
Suite H, Houston, Texas 77023- 1486, (713) 767-3500.
(7) COMPANY: Husam Jallad dba Country Boy Store 1; DOCKET NUMBER: 2003-0896-PST-E;
TCEQ ID NUMBERS: 40747 and RN100810555; LOCATION: 12496 Montana Avenue, El
Paso, El Paso County, Texas; TYPE OF FACILITY: convenience store with retail
sales of gasoline; RULES VIOLATED: 30 TAC §37.815(a) and (b), by failing
to demonstrate acceptable financial assurance for taking corrective action
and for compensating third parties for bodily injury and property damage caused
by accidental releases arising from the operation of petroleum USTs; PENALTY:
$2,400; STAFF ATTORNEY: Gitanjali Yadav, Litigation Division, MC 175, (512)
239-2029; REGIONAL OFFICE: El Paso Regional Office, 401 East Franklin Avenue,
Suite 560, El Paso, Texas 79901-1206, (915) 834-4949.
(8) COMPANY: Ideal Gas, Inc. and Ideal Gas, Inc. dba M&M Grocery; DOCKET
NUMBER: 2001-0802-PST-E; TCEQ ID NUMBERS: 58526, 19912, RN101444123 and RN101880151;
LOCATION: (Facility Number 58526) 511 East State Highway 114, Levelland, Hockely
County and (Facility Number 19912) intersection of State Highway 114 and Farm-to-Market
Road 1780, Whiteface, Cochran County, Texas; TYPE OF FACILITY: bulk and retail
sales of motor fuels and oils and grocery store with retail sales of gasoline;
RULES VIOLATED: 30 TAC §334.8(c)(4)(A)(vi)(I) and (B), and TWC, §26.346(a),
by failing to submit a TCEQ UST registration and self-certification form for
all regulated UST systems; 30 TAC §334.8(c)(5)(A)(i) and TWC, §26.3467(a),
by failing to make available to a common carrier a valid, current TCEQ delivery
certification before accepting delivery of a regulated substance into the
UST; and 30 TAC §334.5(b)(1)(A), by failing to verify or observe a valid,
current TCEQ delivery certificate prior to depositing any regulated substance
into the UST system; PENALTY: $4,900; STAFF ATTORNEY: Lindsay Andrus, Litigation
Division, MC 175, (512) 239- 4761; REGIONAL OFFICE: Lubbock Regional Office,
4630 50th Street, Suite 600, Lubbock, Texas 79414-3520, (806) 796-7092.
(9) COMPANY: Kenneth Parker dba Kountry Store; DOCKET NUMBER: 2003-1569-PST-E;
TCEQ ID NUMBERS: 0034575 and RN102437001; LOCATION: 1752 Highway 7 East, Center,
Shelby County, Texas; TYPE OF FACILITY: retail gas station; RULES VIOLATED:
30 TAC §334.49(a) and TWC, §26.3475(d), by failing to have installed
a method of corrosion protection for the UST system; 30 TAC §334.48(c),
by failing to maintain complete and accurate inventory records; 30 TAC §334.50(b)(1)(A)
and (2), and TWC, §26.3475(a), by failing to provide proper release detection
for the product piping associated with the UST system and failing to ensure
that all tanks are monitored for releases at a frequency of at least once
every month; 30 TAC §334.7(d)(3) and §334.8(c)(4)(B), and TWC, §26.346(a),
by failing to provide an amended registration for any change or additional
information regarding USTs and by failing to ensure that the TCEQ UST registration
and self-certification form is submitted to the agency in a timely manner;
and 30 TAC §334.8(c)(5)(A)(i) and TWC, §26.3467(a), by failing to
make available to a common carrier a valid, current TCEQ delivery certificate
before delivery of a regulated substance into the UST; PENALTY: $8,500; STAFF
ATTORNEY: Deborah A. Bynum, Litigation Division, MC 175, (512) 239-1976; REGIONAL
OFFICE: Beaumont Regional Office, 3870 Eastex Freeway, Beaumont, Texas 77703-1892,
(409) 898-3838.
(10) COMPANY: Lucky Lady Oil Company dba Super Lucky Lady 2; DOCKET NUMBER:
2004- 0017-PST-E; TCEQ ID NUMBER: RN100539667; LOCATION: (Harris Methodist
Hospital) 1301 Pennsylvania Avenue, Fort Worth and (Nick's Corner Mart 2)
2300 South Collins, Arlington, Tarrant County, Texas; TYPE OF FACILITY: fuel
distribution; RULES VIOLATED: 30 TAC §334.5(b)(1)(A), by failing to observe
a valid, posted TCEQ-issued delivery certificate prior to delivering fuel
to the sites; PENALTY: $2,480; STAFF ATTORNEY: Barbara J. Watson, Litigation
Division, MC 175, (512) 239-2044; REGIONAL OFFICE: Dallas-Fort Worth Regional
Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(11) COMPANY: Paco Steel Corp dba Best Pak Warehouse; DOCKET NUMBER: 2004-1029-
PST-E; TCEQ ID NUMBERS: 74317 and RN100907260; LOCATION: 1415 East Loop North,
Houston, Harris County, Texas; TYPE OF FACILITY: warehouse with a gasoline
refueling pump; RULES VIOLATED: 30 TAC §37.815(a) and (b), by failing
to demonstrate acceptable financial assurance for taking corrective action
and for compensating third parties for bodily injury and property damaged
caused by accidental releases arising from the operation of petroleum USTs;
and 30 TAC §334.22(a) and TWC, §5.702, by failing to pay petroleum
storage tank fees; PENALTY: $1,050; STAFF ATTORNEY: Ann Skowronski, Litigation
Division, MC 175, (512) 239-2497; REGIONAL OFFICE: Houston Regional Office,
5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767- 3500.
(12) COMPANY: Padma Corporation dba Step N Go; DOCKET NUMBER: 2003-0893-PST-E;
TCEQ ID NUMBERS: 39391 and RN102469681; LOCATION: 8188 Spring Valley Road,
Dallas, Dallas County, Texas; TYPE OF FACILITY: convenience store with retail
sales of gasoline; RULES VIOLATED: 30 TAC §37.815(a) and (b), by failing
to demonstrate continuous financial assurance for taking corrective action
and for compensating third parties for bodily injury and property damage caused
by accidental releases arising from the operation of its USTs; PENALTY: $3,210;
STAFF ATTORNEY: Gitanjali Yadav, Litigation Division, MC 175, (512) 239-2029;
REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort
Worth, Texas 76118-6951, (817) 588-5800.
(13) COMPANY: Prince Texas Group, Inc. dba Super Stop No. 11, dba Super
Stop No. 12, dba Super Stop No. 13, dba Super Stop No. 16, dba Super Stop
No. 18, dba Super Stop No. 19; DOCKET NUMBER: 2002-0698-PST-E; TCEQ ID NUMBERS:
0040084, 0040079, 0040085, 0040077, 0040089, and 0040090; LOCATIONS: (Super
Stop Number 11) 1125 Jefferson Drive, Port Arthur, (Super Stop Number 16)
1165 South 11th Street, Beaumont, (Super Stop Number 12) 2223 Nederland Avenue,
Nederland, (Super Stop Number 13) 1202 Magnolia Avenue, Port Neches, (Super
Stop Number 18) 5480 College Street, Beaumont, and (Super Stop Number 19)
6450 Calder Street, Beaumont, Jefferson County, Texas; TYPE OF FACILITY: convenience
store with retail sales of gasoline; RULES VIOLATED: 30 TAC §115.245(2)(B)
and THSC, §382.085(b), by failing to conduct a full system test within
30 days after the original Healy G-70-70 system was replaced with a Gilbarco
system; 30 TAC §115.242(3)(M) and THSC, §382.085(b), by failing
to maintain the Stage II system free of any equipment defect that would substantially
impair the effectiveness of the system in reducing refueling vapors; 30 TAC §115.246(1)
and THSC, §382.085(b), by failing to have a copy of the applicable California
Air Resources Board Executive Order for the vapor recovery system; 30 TAC §334.22(a),
by failing to pay outstanding UST fees and late fees; 30 TAC §115.246(6)
and THSC, §382.085(b), by failing to maintain records of daily inspections
of the Stage II system; 30 TAC §115.248(1) and §115.246(4), and
THSC, §382.085(b), by failing to make each employee aware of the purpose
and correct operation of the vapor recovery equipment and failing to maintain
a copy of the Stage II system facility representative certification document
at the facility; 30 TAC §115.246(7)(A) and THSC, §382.085(b), by
failing to make the Stage II system records available immediately upon request
by TCEQ representatives; 30 TAC §334.51(b)(2)(C) and TWC, §26.3475(c)(2),
by failing to equip each UST with a valve or other device designed to automatically
shut off the flow of regulated substances into the tank when the liquid level
in the tank reaches no higher than 95% capacity; 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 releases arising from the operation of petroleum USTs;
30 TAC §334.48(c), by failing to provide documentation that inventory
control for all USTs involved in the retail sale of petroleum substances used
as a motor fuel is being conducted; 30 TAC §334.50(b)(2) and TWC, §26.3475(a),
by failing to monitor piping for releases each month; 30 TAC §334.50(b)(2)(A)(i)(III)
and TWC, §26.3475(a), by failing to test line leak detectors for proper
operation; 30 TAC §334.50(b)(1)(A) and TWC, §26.3475(C)(1), by failing
to monitor the UST system for releases once per month; 30 TAC §334.8(c)(5)(C),
by failing to ensure that the designated UST identification number as listed
on the UST registration and self-certification form is legibly and permanently
affixed in the immediate area of the appropriate fill tube; 30 TAC §334.10(b),
by failing to provide requested facility records in a timely manner; and 30
TAC §334.45(c)(3)(A), by failing to install and maintain a secure anchor
at the base of each UL-listed emergency shutoff valve in a piping system in
which regulated substances are conveyed under pressure to an aboveground dispensing
unit; PENALTY: $4,200; STAFF ATTORNEY: Ann Skowronski, Litigation Division,
MC 175, (512) 239-2497; REGIONAL OFFICE: Beaumont Regional Office, 3870 Eastex
Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.
(14) COMPANY: Quiroga Trucking, L.L.C. dba Quiroga Portable Common Carrier;
DOCKET NUMBER: 2004-0472-PST-E; TCEQ ID NUMBER: RN103765962; LOCATION: (Fuel
Expo) 101 West San Augustine, Deer Park and (Yale Shamrock) 202 West Crosstimbers,
Houston, Harris County, Texas; TYPE OF FACILITY: fuel distributor; RULES VIOLATED:
30 TAC §334.5(b)(1)(A), by failing to ensure that the owners or operators
of the USTs at the sites had a valid, current TCEQ delivery certificates prior
to depositing a regulated substance into the USTs; PENALTY: $2,400; STAFF
ATTORNEY: Barbara J. Watson, Litigation Division, MC 175, (512) 239-2044;
REGIONAL OFFICE: Houston Regional Office, 5425 Polk Avenue, Suite H, Houston,
Texas 77023-1486, (713) 767-3500.
(15) COMPANY: T J Shaikh Inc. dba Shop N Go Food Mart; DOCKET NUMBER: 2003-1554-
PST-E; TCEQ ID NUMBERS: 39416 and RN102364957; LOCATION: 406 West Camp Wisdom
Road, Duncanville, Dallas County, Texas; TYPE OF FACILITY: convenience store
with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.50(d)(1)(B)(ii),
by failing to conduct reconciliation of detailed inventory control records
at least once each month, sufficiently accurate to detect a release; 30 TAC §334.10(b)(1)(B),
by failing to have all records pertaining to the UST immediately available
upon request of agency personnel; 30 TAC §334.8(c)(5)(C), by failing
to ensure that its three USTs were properly identified as listed on the facility's
UST registration and certification form; and 30 TAC §334.8(c)(4)(A)(vii)
and (5)(B)(ii), and TWC, §26.346(a), by failing to renew a delivery certificate
by timely and proper submission of a new UST registration and self-certification
form to the agency; PENALTY: $4,140; STAFF ATTORNEY: Gitanjali Yadav, Litigation
Division, MC 175, (512) 239- 2029; REGIONAL OFFICE: Dallas-Fort Worth Regional
Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(16) COMPANY: Texas Petrochemicals LP and Kemiron Gulf, Inc.; DOCKET NUMBER:
2003- 0458-IWD-E; TCEQ ID NUMBER: 00587; LOCATION: approximately 1.5 miles
south-southwest of the intersection of Goodyear Drive and State Highway 225,
Houston, Harris County, Texas; TYPE OF FACILITY: wastewater treatment; RULES
VIOLATED: 30 TAC §305.125(1), TWC, §26.121(a) and TCEQ Texas Pollutant
Discharge Elimination System Permit Number 00587, Effluent Limitations and
Monitoring Requirements Number 1, by failing to comply with its effluent limits;
PENALTY: $9,950; STAFF ATTORNEY: Rebecca Nash Petty, Litigation Division,
MC 175, (512) 239-3693; REGIONAL OFFICE: Houston Regional Office, 5425 Polk
Avenue, Suite H, Houston, Texas 77023- 1486, (713) 767-3500.
TRD-200500026
Paul C. Sarahan
Director, Litigation Division
Texas Commission on Environmental Quality
Filed: January 4, 2005
The following notices were issued during the period of December 22, 2004
through January 5, 2005.
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.
CITY OF AUSTIN has applied for a renewal of TPDES Permit No. 13318-001,
which authorizes the discharge of treated domestic wastewater at an annual
average flow not to exceed 2,000,000 gallons per day. The facility is located
approximately 1 3/4 miles north of U.S. Highway 290 East and 1/4 mile west
of the intersection of Giles Road and Boyce Lane in Travis County, Texas.
BAYSHORE INDUSTRIAL, INC. which operates a polyolefin compounding plant,
has applied for a renewal of TPDES Permit No. WQ0003608000, which authorizes
the discharge of contact cooling water, boiler blowdown, process area wash
water, storm water, and treated domestic wastewater at a daily average flow
not to exceed 50,000 gallons per day via Outfall 001, and storm water on an
intermittent and flow variable basis via Outfall 002. The facility is located
approximately 850 feet west of the intersection of McCabe Road and State Highway
146, three miles south of the City of La Porte, Harris County, Texas.
CITY OF BLANCO has applied for a renewal of TPDES Permit No. WQ0010549002,
which authorizes the discharge of treated domestic wastewater at a daily average
flow not to exceed 225,000 gallons per day. The current permit also authorizes
the disposal of treated domestic wastewater via irrigation of 68 acres. The
facility is located approximately 0.8 mile northeast of the intersection of
U.S. Highway 281 and Farm-to-Market Road 1623 in Blanco County, Texas.
CITY OF CHARLOTTE has applied for a renewal of TPDES Permit No. 10142-001,
which authorizes the discharge of treated domestic wastewater at a daily average
flow not to exceed 220,000 gallons per day. The facility is located approximately
1,500 feet south and 3,100 feet west of the intersection of State Highway
140 and State Highway 97 in Atascosa County, Texas.
COMAL INDEPENDENT SCHOOL DISTRICT has applied for a renewal of Permit
No. 13812-002, which authorizes the disposal of treated domestic wastewater
at a volume not to exceed a daily average flow of 6,800 gallons per day via
low pressure subsurface drip irrigation of 1.65 acres. This permit will not
authorize a discharge of pollutants into waters in the State. The facility
and disposal site are located approximately 5,000 feet west of the intersection
of State Highway 46 and U.S. Highway 281, approximately 1,000 feet south of
State Highway 46 in Comal County, Texas.
CITY OF CORPUS CHRISTI has applied for a renewal of TPDES Permit No. WQ0010401009,
which authorizes the discharge of treated domestic wastewater at an annual
average flow not to exceed 2,500,000 gallons per day. The facility is located
at 13409 Whitecap Boulevard at the west end of Whitecap Boulevard on Padre
Island in the City of Corpus Christi in Nueces County, Texas.
DOME PETROCHEMICAL, L.C. which operates an organic chemical and petroleum
processing facility, has applied for a renewal of TPDES Permit No. WQ0004116000,
which authorizes the discharge of previously monitored effluent, treated cooling
tower blowdown, and non-process area storm water on a flow variable basis
via Outfall 001. The facility is located at 6655 West Bay Road, adjacent and
east of Cedar Bayou, approximately 2.5 miles south of State Highway 146 at
Cedar Bayou Bridge, and northeast of the City of Baytown, Chambers County,
Texas.
EAST CENTRAL INDEPENDENT SCHOOL DISTRICT has applied for a renewal of
Permit No. 13844-001, which authorizes the disposal of treated domestic wastewater
at a flow not to exceed a daily average volume of 17,000 gallons per day via
irrigation of 4.0 acres of publicly accessible land (school athletic field).
This permit will not authorize a discharge of pollutants into waters in the
State. The facility and disposal site are located at the southwest corner
of New Sulphur Springs Road and Gardner Road and approximately 3.8 miles east
of the intersection of New Sulphur Springs Road and Interstate Highway Loop
410 in Bexar County, Texas.
CITY OF GOLDSMITH has applied for a renewal of Permit No. 11482-001, which
authorizes the disposal of treated domestic wastewater at a volume not to
exceed a daily average flow of 31,000 gallons per day via surface irrigation
of 7 acres of landscape area at the plant site. This permit will not authorize
a discharge of pollutants into waters in the State. The facility and disposal
site are located immediately west of Farm-to-Market Road 866, approximately
3,500 feet south of State Highway 158 and south of the City of Goldsmith in
Ector County, Texas.
GUADALUPE-BLANCO RIVER AUTHORITY has applied for a renewal of TPDES Permit
No. WQ0010210002, which authorizes the discharge of treated domestic wastewater
at an annual average flow not to exceed 1,500,000 gallons per day. The facility
is located on the south side of Farm-to-Market Road 20, approximately 2.5
miles east of the intersection of Farm-to- Market Road 20 and U.S. Highway
183 in Caldwell County, Texas.
JTM HOUSING, LTD. has applied for a new permit, proposed Texas Pollutant
Discharge Elimination System (TPDES) Permit No. WQ0014564001, to authorize
the discharge of treated domestic wastewater at a daily average flow not to
exceed 300,000 gallons per day. The facility is located on Koeblen Road, approximately
550 feet west of Farm-to-Market Road 2977 in Fort Bend County, Texas.
CITY OF LAMESA has applied for a renewal of Permit No. 10107-001, which
authorizes the disposal of treated domestic wastewater at a daily average
flow not to exceed 1,880,000 gallons per day via irrigation of 150 acres of
alfalfa, 253 acres of grass, and 567 acres of cotton/wheat. The facility and
disposal site are located approximately 1-1/4 miles southeast of the intersection
of State Highway 137 and Sulphur Springs Draw southeast of Lamesa in Dawson
County, Texas.
CITY OF MISSOURI CITY has applied for a new permit, proposed Texas Pollutant
Discharge Elimination System (TPDES) Permit No. WQ0013873002, to authorize
the discharge of treated domestic wastewater at an annual average flow not
to exceed 1,500,000 gallons per day. The facility will be located approximately
3,300 feet south of the intersection of Knight Road and Watts Plantation Road
in Fort Bend County, Texas.
MIDFIELD WATER SUPPLY CORPORATION has applied for a renewal of TPDES Permit
No. 13091-001, which authorizes the discharge of treated domestic wastewater
at a daily average flow not to exceed 30,000 gallons per day. The facility
is located south of the community of Midfield, approximately 1,200 feet southwest
of the intersection of State Highway 71 and State Highway 111 in Matagorda
County, Texas.
CITY OF MULESHOE has applied for a major amendment to Permit No. 10049-001
to decrease the non-public access agricultural acreage irrigated from 340
acres to 240 acres. The current permit authorizes the disposal of treated
domestic wastewater at a daily average flow not to exceed 580,000 gallons
per day via surface irrigation of 78 acres of golf course and 340 acres of
non-public access agricultural land. This permit will not authorize a discharge
of pollutants into waters in the State. The facility and southern disposal
site are located approximately 1.5 miles south of the intersection of State
Highway 214 and U.S. Highway 84 in Bailey County, Texas. The northern effluent
disposal site consists of an agricultural land application site and a golf
course land application site which are located approximately 1 mile northeast
of the intersection of State Highway 214 and U.S. Highway 84 in Bailey County,
Texas.
RIVER INN ASSOCIATION OF UNIT OWNERS, INC. has applied for a renewal of
Permit No. 13755-001, which authorizes the disposal of treated domestic wastewater
at a volume not to exceed a daily average flow of 6,800 gallons per day via
subsurface drip irrigation on 0.92 acre. This permit will not authorize a
discharge of pollutants into waters in the State. The facility and disposal
site are located approximately seven miles southwest of the City of Hunt,
along State Highway 39 near the South Fork Guadalupe River in Kerr County,
Texas.
SAN ANTONIO WATER SYSTEM has applied for a renewal of TCEQ Permit No.
10137- 036, which authorizes the discharge of treated domestic wastewater
at a daily average flow not to exceed 64,000 gallons per day. The facility
is located approximately 0.75 mile southeast of the intersection of Farm-to-Market
Road 1560 and Farm-to-Market Road 471 and approximately one mile west of the
intersection of State Highway Loop 1604 and Farm-to-Market Road 471 in Bexar
County, Texas.
SOMERSET INDEPENDENT SCHOOL DISTRICT has applied for a renewal of Permit
No. 14284-001, which authorizes the disposal of treated domestic wastewater
at a volume not to exceed a daily average flow of 10,000 gallons per day via
drip irrigation of 2.3 acres of public access land. This permit will not authorize
a discharge of pollutants into waters in the State. The facility and disposal
site are located approximately 600 feet west of the intersection of State
Highway 16 and Smith Road, approximately 800 feet north of Smith Road, near
the City of Somerset in Bexar County, Texas.
STAN TRANS PARTNERS, L.P. which operates the Central Tank Farm of the
Stan Trans bulk liquid petroleum storage facility, has applied for a renewal
of TPDES Permit No. WQ0002564-000, which authorizes the discharge of storm
water runoff on an intermittent and flow variable basis via Outfalls 001,
002, and 003. The facility is located adjacent to the north and west side
of the south slip of the Texas City Harbor, in the City of Texas City, in
Galveston County, Texas.
TEJAS VIEJO LAND COMPANY has applied for a new permit, proposed Texas
Pollutant Discharge Elimination System (TPDES) Permit No. WQ0014548001, to
authorize the discharge of treated domestic wastewater at a daily average
flow not to exceed 950,000 gallons per day. The facility will be located on
a 20 acre tract on the south side of Jesse Bohls Road, 7,000 feet east of
the Weiss Lane intersection in Travis County, Texas.
TEXAS DEPARTMENT OF TRANSPORTATION has applied for a renewal of TPDES
Permit No. 12280-001, which authorizes the discharge of treated domestic wastewater
at a daily average flow not to exceed 15,000 gallons per day. The current
permit also authorizes the disposal of treated domestic wastewater via irrigation
of 4.43 acres of Interstate Highway 10 right- of-way. The facility is located
adjacent to and on the south side of Interstate Highway 10, between mile markers
621 and 622, approximately 10 miles east of the City of Seguin in Guadalupe
County, Texas.
TEXAS LEHIGH CEMENT COMPANY LP has applied for a renewal of Permit No.
11976-001, which authorizes the disposal of treated domestic wastewater at
a daily average flow not to exceed 2,700 gallons per day via surface irrigation
of 240 acres of company owned farmland. This permit will not authorize a discharge
of pollutants into waters in the State. The facility and disposal site are
located approximately 1.0 mile west of Interstate Highway 35, at a point approximately
2.0 miles south of Buda in Hays County, Texas.
ROBERT HARVY THERIOT has applied for a renewal of Permit No. 14102-001,
which authorizes the disposal of treated domestic wastewater at a daily average
flow not to exceed 6,500 gallons per day via drip irrigation with a minimum
area of 65,000 square feet. The absorption field is a non-public access area.
This permit will not authorize a discharge of pollutants into waters in the
State. The facility and disposal site are located approximately 0.8 mile north
of the intersection of Comanche Trail and Ranch Road 620 on Comanche Trail
in Travis County, Texas.
CITY OF WHARTON has applied for a renewal of TPDES Permit No. 10107-001,
which authorizes the discharge of treated domestic wastewater at an annual
average flow not to exceed 1,500,000 gallons per day. The facility is located
on the east bank of the Colorado River approximately 0.8 mile south-southeast
of the intersection of State Highway 60 and Farm-to- Market Road 1299(East
Street) in Wharton County, Texas.
WYNNE JACKSON, INC. AND WEST FOUNDATION has applied to the Texas Commission
on Environmental Quality (TCEQ) for a new permit, proposed Texas Pollutant
Discharge Elimination System (TPDES) Permit No. WQ0014535001, to authorize
the discharge of treated domestic wastewater at a daily average flow not to
exceed 634,700 gallons per day. The facility is located approximately 2 miles
northeast of the intersection of Highway 740 and Highway 80 in Kaufman County,
Texas.
Written comments or requests for a public meeting may be submitted to
the Office of the Chief Clerk, at the address provided in the information
section above, WITHIN 30 DAYS OF THE ISSUED DATE OF THIS NOTICE
The Texas Commission on Environmental Quality (TCEQ) has initiated a minor
amendment of the Texas Pollutant Discharge Elimination System (TPDES) permit
issued to COUNTRY VISTA, LTD. to authorize disposal of the sludge from the
Country Vista Wastewater Treatment Plant at another TCEQ-permitted wastewater
treatment plant. The existing permit authorizes the discharge of treated domestic
wastewater at a daily average flow not to exceed 42,000 gallons per day. The
facility is located approximately 0.5 miles northwest of the intersection
of County Road 531 and County Road 603A in Johnson County, Texas.
DOWDELL PUBLIC UTILITY DISTRICT has applied for a minor amendment to the
Texas Pollutant Discharge Elimination System (TPDES) permit to authorize the
addition of a 0.38 MGD Interim II phase consisting of an added package facility
to provide additional plant capacity until the 0.5 MGD phase goes into operation.
The existing permit authorizes the discharge of treated domestic wastewater
at a daily average flow not to exceed 500,000 gallons per day. The facility
is located in the northwest quadrant of the intersection of Kuykendahl Road
and Dowdell Road, approximately one mile east of Farm-to-Market Road 2920,
and approximately seven miles west of Interstate Highway 45 in the northwest
quadrant of Harris County, Texas.
TRD-200500037
LaDonna Castañuela
Chief Clerk
Texas Commission on Environmental Quality
Filed: January 5, 2005
Notices mailed December 21, 2004 and December 31, 2004
APPLICATION NO. 4340A; The City of Lubbock ("the City"), P.O. Box 2000,
Lubbock, Texas 79457, Applicant, seeks to amend Water Use Permit No. 3985
(Application No. 4340) pursuant to Texas Water Code 11.042 and 11.122, and
Texas Commission on Environmental Quality Rules 30 Texas Administrative Code
(TAC) 295.1, et seq. Water Use Permit No. 3985 (Application No. 4340) authorizes
the City of Lubbock to use, within the Brazos River Basin, 22,910 acre-feet
of treated effluent created as a result of the City's use of municipal water
purchased from the Canadian River Municipal Water Authority (CRMWA), with
4,480 acre-feet authorized for industrial use at the Jones Power Plant in
Lubbock County, and 18,430 acre-feet authorized for agricultural use for the
irrigation of 10,000 acres of land in Lubbock and Lynn Counties. A special
condition stipulates that this permit is subject to the continued existence
of a water supply contract between the City and the CRMWA. The City is authorized,
via TPDES Permit No. 10353-002, to discharge an annual flow of not to exceed
9.0 MGD (10,081 acre-feet per year) of treated effluent into the North Fork
Double Mountain Fork Brazos River ("North Fork"). All treated effluent discharged
by the City is comprised of either groundwater or developed surface water
from the Canadian River Basin. The City seeks to amend Water Use Permit No.
3985 (Application No. 4340) to authorize the diversion and use from the North
Fork of all historic and future discharges of Canadian River Basin surface
water-based effluent and groundwater-based effluent, including the currently
authorized 10,081 acre- feet per year and to authorize the use of such water
for agricultural, municipal, industrial and recreational purposes anywhere
within Lubbock and Lynn Counties. The City also seeks to convey the effluent
via the bed and banks of the North Fork from the discharge point authorized
by TPDES Permit No. 10353-002 to a downstream diversion point. The discharge
point authorized by TPDES Permit No. 10353-002 is located near the point where
F.M. 400 in Lubbock County crosses the North Fork Double Mountain Fork Brazos
River, also described as being located at Latitude 33.5137 N and Longitude
101.6593 W. The most downstream point of diversion sought is located near
the point where C.R. 7300 in Lubbock County crosses the North Fork Double
Mountain Fork Brazos River, also described as being located at Latitude 33.493
N and Longitude 101.624 W, also being 129.75 feet bearing 265.353 south-southeast
of the northeast corner of the Section Block S dated April 1967 in Lubbock
County, 14.3 miles southeast of the county seat in Lubbock County and 4.5
miles northeast of the City of Slaton, Texas. The distance between the discharge
point and the most downstream diversion point is approximately 14,300 feet.
The City estimates that there will be losses of approximately 47.67 acre-feet
per year from the discharge point to the diversion point due to transportation,
evaporation, seepage, channel or other associated carriage losses from the
point of discharge to the point of diversion. The Commission will review the
application as submitted by the City and may or may not grant the application
as requested. The application and fees were received on April 27, 2004 and
additional information was received August 9 and September 2, 2004. The application
was declared to be administratively complete and filed with the Office of
the Chief Clerk on October 12, 2004. Written public comments and requests
for a public meeting should be submitted to the Office of the Chief Clerk,
at the address provided in the information section below, by January 31, 2005.
CERTIFICATE OF ADJUDICATION NO. 14-5474; The Lower Colorado River Authority,
3700 Lake Austin Boulevard, Austin, Texas 78703, applicant, has applied to
the Texas Commission on Environmental Quality (TCEQ) for an Extension of Time
to Commence and Complete Construction pursuant to 11.145, Texas Water Code,
and Texas Commission on Environmental Quality Rules 30 Texas Administrative
Code (TAC) 295.1, et seq. Certificate of Adjudication No. 14-5474, in part,
authorizes the Lower Colorado River Authority (LCRA) to construct and maintain
a dam and reservoir on Baylor Creek (Baylor Creek Reservoir), tributary of
the Colorado River, Colorado River Basin, and to impound therein not to exceed
46,600 acre-feet of water. Station 46 + 85 on the centerline of the proposed
dam is S 02 58' E, 9,650 feet from the west corner of the J.M. Hensley Survey,
Abstract No.54, Fayette County, Texas. Special Condition 5F states that construction
of the reservoir shall commence no later than September 18, 1991 and completed
no later than September 18, 1994. Three extensions of time have been granted,
the latest Order stating that construction shall commence by September 19,
2004 and be completed by September 19, 2007. The LCRA seeks an extension of
time to commence and complete construction of the dam and reservoir on Baylor
Creek. The applicant requests to commence construction by September 19, 2009
and complete construction by September 19, 2012. The initial design of the
Fayette Power Project (FPP) proposed a phased construction with two cooling
water reservoirs. Baylor and Cedar Creek. Units 1, 2 and 3 have been constructed
and use one cooling reservoir, Cedar Creek. Analysis and studies were performed
to determine whether or not Cedar Creek Reservoir was adequate to handle the
generation capacity of the 3 units. A 1997 LCRA study concluded that it was
not economical to build a Baylor Creek Reservoir to serve only the existing
3 units at that time, based on the regulatory regime then in effect and on
projected electricity prices under that regime. However, the LCRA continues
to reevaluate the results of that study in light of changing regulatory and
economic conditions. Moreover, the LCRA projects the need for significant
new generation within the 2010- 2012 time frame. Therefore, the LCRA continues
to consider the construction of Unit 4, which would create a need for the
Baylor Creek Reservoir. The Public Utility Commission of Texas has ordered
a redesign of the market structure, based on Locational Market Pricing (LMP),
where the value of generation is entirely dependent on its specific location
within the transmission network. The new market design is targeted for implementation
in October 2006. The LCRA must keep the option of adding generation capacity
at the FPP site available. The Commission will review the application as submitted
by the applicant and may or may not grant the application as requested. The
application was received on August 26, 2004. Additional fees were received
on October 20, 2004. The application was declared administratively complete
and filed with the Office of the Chief Clerk on November 4, 2004. Written
public comments and requests for a public meeting should be received in the
Office of Chief Clerk, at the address provided in the information section
below, within 30 days of the date of newspaper publication of the notice.
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-200500035
LaDonna Castañuela
Chief Clerk
Texas Commission on Environmental Quality
Filed: January 5, 2005
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
February 14, 2005
.
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 February 14, 2005
. 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: Allied Waste Systems, Inc. dba Trinity Waste Services; DOCKET
NUMBER: 2004-1205-MSW-E; IDENTIFIER: Solid Waste Registration Number 41774,
Regulated Entity Reference Number (RN) 102338464; LOCATION: Hutchins, Dallas
County, Texas; TYPE OF FACILITY: municipal solid waste hauling; RULE VIOLATED:
30 TAC §330.4(b), by allegedly transporting waste to a facility not authorized
to accept the waste; PENALTY: $200; ENFORCEMENT COORDINATOR: Tom Greimel,
(512) 239-5690; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951,
(817) 588-5800.
(2) COMPANY: Angel Brothers Enterprises, Ltd.; DOCKET NUMBER: 2004-1441-PST-E;
IDENTIFIER: Petroleum Storage Tank (PST) Facility Identification Number 0031928,
RN102359023; LOCATION: Baytown, Harris County, Texas; TYPE OF FACILITY: fuel
distributor; RULE VIOLATED: 30 TAC §334.5(b)(1)(A), by failing to ensure
that the owner or operator had a valid, current delivery certificate; PENALTY:
$832; ENFORCEMENT COORDINATOR: Craig Fleming, (512) 239-5806; REGIONAL OFFICE:
5425 Polk Avenue, Suite H, Houston, Texas 77023- 1486, (713) 767-3500.
(3) COMPANY: Apache Stone Quarry, Inc.; DOCKET NUMBER: 2004-0178-WQ-E;
IDENTIFIER: RN104327697; LOCATION: Salado, Bell County, Texas; TYPE OF FACILITY:
dimension stone quarrying; RULE VIOLATED: 30 TAC §281.25(a)(4) and 40
Code of Federal Regulations (CFR) §122.26(a), by failing to obtain authorization
to discharge storm water associated with industrial activity; PENALTY: $8,000;
ENFORCEMENT COORDINATOR: Ronnie Kramer, (806) 353-9251; REGIONAL OFFICE: 6801
Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.
(4) COMPANY: Kaye Weeks dba Bert & Kayes Exxon; DOCKET NUMBER: 2004-1616-PST-
E; IDENTIFIER: PST Facility Identification Number 16583, RN102978392; LOCATION:
Frankston, Anderson County, Texas; TYPE OF FACILITY: automotive service station;
RULE VIOLATED: 30 TAC §37.815(a) and (b), by failing to demonstrate acceptable
financial assurance; PENALTY: $1,050; ENFORCEMENT COORDINATOR: Steven Lopez,
(512) 239-1896; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3756,
(903) 535-5100.
(5) COMPANY: Akber Ali dba Best Stop Food Mart; DOCKET NUMBER: 2004-1417-PST-E;
IDENTIFIER: PST Facility Identification Number 58253, RN101497113; LOCATION:
Austin, Travis County, Texas; TYPE OF FACILITY: convenience store with retail
sales of gasoline; RULE VIOLATED: 30 TAC §37.815(a) and (b), by failing
to demonstrate acceptable financial assurance; PENALTY: $1,900; ENFORCEMENT
COORDINATOR: Cari Bing, (512) 239-1445; REGIONAL OFFICE: 1921 Cedar Bend Drive,
Suite 150, Austin, Texas 78758-5336, (512) 339- 2929.
(6) COMPANY: City of Brazoria; DOCKET NUMBER: 2004-0504-MWD-E; IDENTIFIER:
Texas Pollutant Discharge Elimination System (TPDES) Permit Number WQ0010133001,
RN101613552; LOCATION: Brazoria, Brazoria County, Texas; TYPE OF FACILITY:
wastewater treatment; RULE VIOLATED: 30 TAC §305.105(1) - (5), §305.535(c),
TPDES Permit Number WQ0010133001, and the Code, §26.121(a)(1), by failing
to operate and maintain the wastewater collection system to prevent the unauthorized
discharges of untreated wastewater; PENALTY: $12,737; ENFORCEMENT COORDINATOR:
Catherine Albrecht, (713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite
H, Houston, Texas 77023-1486, (713) 767-3500.
(7) COMPANY: Caldwell/VSR Inc.; DOCKET NUMBER: 2004-1257-AIR-E; IDENTIFIER:
Air Account Numbers HN0496A and HN0371V, RN101379923 and RN100215458; LOCATION:
Weslaco, Hidalgo County, Texas; TYPE OF FACILITY: window blind manufacturing;
RULE VIOLATED: 30 TAC §122.146(2) and THSC, §382.085(b), by failing
to submit their complete and timely annual federal operating permit compliance
certification; 30 TAC §122.145(2)(A) and THSC, §382.085(b), by failing
to submit their complete and timely deviation report; and 30 TAC §116.110(a)(1)
and THSC, §382.085(b) and §382.0518(a), by failing to obtain a permit
prior to construction; PENALTY: $8,850; ENFORCEMENT COORDINATOR: Jill Reed,
(915) 570-1359; REGIONAL OFFICE: 1804 West Jefferson Avenue, Harlingen, Texas
78550-5247, (956) 425-6010.
(8) COMPANY: Chevron USA, Inc.; DOCKET NUMBER: 2004-0499-AIR-E; IDENTIFIER:
Air Account Number HG0312R, RN100706811; LOCATION: Galena Park, Harris County,
Texas; TYPE OF FACILITY: gasoline terminal; RULE VIOLATED: 30 TAC §116.115(c),
Permit Number 33373, and THSC, §382.085(b), by exceeding the maximum
filling rate for tanks and trucks; PENALTY: $21,750; ENFORCEMENT COORDINATOR:
Chad Blevins, (512) 239-6017; REGIONAL OFFICE: 5425 Polk Avenue, Suite H,
Houston, Texas 77023-1486, (713) 767-3500.
(9) COMPANY: Cypress 4F Cattle & Ranch, Ltd.; DOCKET NUMBER: 2004-1418-EAQ-E;
IDENTIFIER: RN104355862; LOCATION: Bee Cave, Travis County, Texas; TYPE OF
FACILITY: land; RULE VIOLATED: 30 TAC §213.23(a)(1)(A) and (B), by failing
to submit a contributing zone plan and obtain approval of the plan; PENALTY:
$3,600; ENFORCEMENT COORDINATOR: Cari Bing, (512) 239-1445; REGIONAL OFFICE:
1921 Cedar Bend Drive, Suite 150, Austin, Texas 78758-5336, (512) 339-2929.
(10) COMPANY: Devon Louisiana Corporation; DOCKET NUMBER: 2004-1289-AIR-E;
IDENTIFIER: RN104303565l LOCATION: Kemah, Galveston County, Texas; TYPE OF
FACILITY: oil and gas production; RULE VIOLATED: 30 TAC §101.352(b) and
THSC, §382.085(b), by failing to hold a quantity of allowances in the
facility's compliance account that is equal to or greater than the emissions
of nitrogen oxides emitted; PENALTY: $600; ENFORCEMENT COORDINATOR: Cari Bing,
(512) 239-1445; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas
77023-1486, (713) 767-3500.
(11) COMPANY: Duco, Inc.; DOCKET NUMBER: 2004-1648-IWD-E; IDENTIFIER: TPDES
Permit Number 12874001, RN102183647; LOCATION: Houston, Harris County, Texas;
TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1),
TPDES Permit Number 12874001, and the Code, §26.121(a), by failing to
comply with the permitted effluent limits; PENALTY: $4,200; ENFORCEMENT COORDINATOR:
Erika Fair, (512) 239-6673; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston,
Texas 77023-1486, (713) 767-3500.
(12) COMPANY: City of Edinburg; DOCKET NUMBER: 2004-0502-MWD-E; IDENTIFIER:
TPDES Permit Number 10503-002, RN102080603; LOCATION: Edinburg, Hidalgo County,
Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1)
and (9), TPDES Permit Number 10503-002, and the Code, §26.121(a), by
failing to comply with the permitted ammonia nitrogen daily average permit
limit and the total suspended solids (TSS) daily maximum limit and by failing
to submit written notification of a noncompliant event which resulted in a
fish kill; PENALTY: $26,600; ENFORCEMENT COORDINATOR: Laurie Eaves, (512)
239-4495; REGIONAL OFFICE: 1804 West Jefferson Avenue, Harlingen, Texas 78550-5247,
(956) 425-6010.
(13) COMPANY: Vina R. Patel dba Glad Mart 1; DOCKET NUMBER: 2004-1094-PST-E;
IDENTIFIER: PST Facility Identification Number 66804, RN102009339; LOCATION:
Grand Prairie, Dallas County, Texas; TYPE OF FACILITY: convenience store with
retail sales of gasoline; RULE VIOLATED: 30 TAC §37.815(a) and (b), by
failing to demonstrate acceptable financial assurance; PENALTY: $1,900; ENFORCEMENT
COORDINATOR: Terry Murphy, (512) 239-5025; REGIONAL OFFICE: 2301 Gravel Drive,
Fort Worth, Texas 76118-6951, (817) 588-5800.
(14) COMPANY: Hanlon Gas Processing, Ltd.; DOCKET NUMBER: 2004-1521-AIR-E;
IDENTIFIER: Air Account Number SN0012Q, RN102929619; LOCATION: near Breckenridge,
Stephens County, Texas; TYPE OF FACILITY: natural gas processing; RULE VIOLATED:
30 TAC §122.146(2) and THSC, §382.085(b), by failing to submit the
annual certification of compliance; PENALTY: $2,000; ENFORCEMENT COORDINATOR:
Carolyn Lind, (903) 535- 5100; REGIONAL OFFICE: 1977 Industrial Boulevard,
Abilene, Texas 79602-7833, (915) 698-9674.
(15) COMPANY: Hausman Road Partners, Ltd.; DOCKET NUMBER: 2004-0768-EAQ-E;
IDENTIFIER: Edwards Aquifer Registration Number 13-00081001, RN102745965;
LOCATION: Helotes, Bexar County, Texas; TYPE OF FACILITY: land development
partnership; RULE VIOLATED: 30 TAC §213.5(f)(1)(A)(i), by failing to
provide the TCEQ regional office with notice that construction was to commence
at the site; 30 TAC §213.4(a)(1) and (k), by failing to receive commission
approval of a major modification, by failing to adhere to the special condition
contained in the approved Edwards Aquifer protection plan (EAPP) which requires
that all structures at the site be constructed according to, and in compliance
with, the approved EAPP, and by failing to adhere to the special condition
contained in the approved EAPP which required certification of the water quality
basins; PENALTY: $7,000; ENFORCEMENT COORDINATOR: Rebecca Clauswitz, (210)
490-3096; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480,
(210) 490-3096.
(16) COMPANY: Hoot Johnson Construction, Inc.; DOCKET NUMBER: 2004-1393-WQ-E;
IDENTIFIER: RN104355847; LOCATION: Pflugerville, Travis County, Texas; TYPE
OF FACILITY: construction site; RULE VIOLATED: 30 TAC §281.25(a)(4) and
40 CFR §122.26(a), by failing to obtain authorization to discharge storm
water associated with industrial activity; and the Code, §26.121(a)(2),
by failing to control the unauthorized discharge of construction storm water;
PENALTY: $1,600; ENFORCEMENT COORDINATOR: Audra Ruble, (361) 825-3100; REGIONAL
OFFICE: 1921 Cedar Bend Drive, Suite 150, Austin, Texas 78758- 5336, (512)
339-2929.
(17) COMPANY: Kingsville Material Corporation; DOCKET NUMBER: 2004-0021-AIR-E;
IDENTIFIER: Permit Number 56801L001, RN100815687; LOCATION: Benavides, Duval
County, Texas; TYPE OF FACILITY: rock crushing; RULE VIOLATED: 30 TAC §116.110(a)
and THSC, §382.0518(a), by failing to obtain a new source review permit,
satisfy the conditions for a standard permit, flexible permit, or permit by
rule, or satisfy the criteria for a de minimis facility; PENALTY: $10,000;
ENFORCEMENT COORDINATOR: Tel Croston, (512) 239-5717; REGIONAL OFFICE: 6300
Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5503, (361) 825-3100.
(18) COMPANY: City of Kirvin; DOCKET NUMBER: 2004-1100-PWS-E; IDENTIFIER:
Public Water Supply (PWS) Number 0810019; LOCATION: Kirvin, Freestone County,
Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.39(h)(2)
and (3), by failing to provide written notification before starting commission
conditionally approved construction of the installation of a 1,500 gallon
pressure tank and provide notification of the completion of the construction;
30 TAC §290.46(f)(2) and (v), by failing to maintain and provide water
works operation and maintenance activities records and have them accessible
and by failing to install all water system electrical wiring in a securely
mounted conduit; 30 TAC §290.45(b)(1)(C)(i) and THSC, §341.0315(c),
by failing to provide a well capacity of 0.6 gallons per minute (gpm) per
connection; 30 TAC §290.43(c)(2) and (4) and (e), by failing to equip
the ground storage tank's roof hatch with a gasket to form a positive seal
and with a liquid level indicator and by failing to provide an intruder-resistant
fence with lockable gates; and 30 TAC §290.41(c)(1)(D) and (3)(M), by
failing to prevent livestock in pastures within 50 feet of water supply wells
and by failing to provide a suitable sampling cock on the discharge pipe;
PENALTY: $3,235; ENFORCEMENT COORDINATOR: Elvia Maske, (512) 239-0789; REGIONAL
OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.
(19) COMPANY: Lewisville Landfill Texas, LP; DOCKET NUMBER: 2004-1212-MSW-E;
IDENTIFIER: Municipal Solid Waste (MSW) Permit Number 1749B, RN102006186;
LOCATION: Lewisville, Denton County, Texas; TYPE OF FACILITY: MSW landfill;
RULE VIOLATED: 30 TAC §330.4(b) and §330.117(c), by failing to prevent
the disposal of MSW at an unauthorized facility; PENALTY: $900; ENFORCEMENT
COORDINATOR: Tom Greimel, (512) 239-5690; REGIONAL OFFICE: 2301 Gravel Drive,
Fort Worth, Texas 76118-6951, (817) 588- 5800.
(20) COMPANY: Lone Star Petroleum LP dba Hidden Meadows Shell; DOCKET NUMBER:
2004-1422-PST-E; IDENTIFIER: PST Facility Identification Number 72589, RN101732311;
LOCATION: San Antonio, Bexar County, Texas; TYPE OF FACILITY: convenience
store with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.8(c)(5)(C),
by failing to ensure that a legible tag, label, or marking is permanently
applied or fixed to either the top of the fill tube or to a non- removable
point in the immediate area of the fill tube; 30 TAC §334.10(b), by failing
to maintain records of tank and product overfill prevention; and 30 TAC §334.48(c)
and §334.50(d)(9)(A)(iii), by failing to conduct the required inventory
control procedures for underground storage tanks (USTs); PENALTY: $4,725;
ENFORCEMENT COORDINATOR: Harvey Wilson, (512) 239-0321; REGIONAL OFFICE: 14250
Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.
(21) COMPANY: Martin Eagle Oil Company, Inc.; DOCKET NUMBER: 2004-1304-PST-E;
IDENTIFIER: RN102790649; LOCATION: Denton, Denton County, Texas; TYPE OF FACILITY:
fuel distributor; RULE VIOLATED: 30 TAC §334.5(b)(1)(A), by failing to
ensure that the owner or operator had a valid, current delivery certificate;
PENALTY: $11,600; ENFORCEMENT COORDINATOR: Chris Friesenhahn, (210) 490-3096;
REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(22) COMPANY: North Orange Water & Sewer, LLC; DOCKET NUMBER: 2004-1440-
MWD-E; IDENTIFIER: TPDES Permit Number 13072-001; LOCATION: Orange, Orange
County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §30.5(a)
and TPDES Permit Number 13072-001, by failing to employ a licensed operator;
30 TAC §305.125(5) and (9), §317.3(e)(5), TPDES Permit Number 13072-001,
and the Code, §26.121(a)(1), by failing to maintain an operable-visual
alarm system, by failing to prevent an unauthorized discharge, and by failing
to submit non-compliance notification for the unauthorized discharge; PENALTY:
$7,680; ENFORCEMENT COORDINATOR: Jorge Ibarra, (817) 588-5800; REGIONAL OFFICE:
3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.
(23) COMPANY: Pool Company Texas Ltd.; DOCKET NUMBER: 2004-1151-WQ-E; IDENTIFIER:
RN103763223; LOCATION: San Angelo, Tom Green County, Texas; TYPE OF FACILITY:
vehicle maintenance; RULE VIOLATED: 30 TAC §281.25(a)(4) and 40 CFR §122.26(a),
by failing to obtain authorization to discharge storm water associated with
industrial activity; and 30 TAC §330.5, by failing to manage waste so
as to prevent a discharge to the environment; PENALTY: $4,200; ENFORCEMENT
COORDINATOR: Joseph Daley, (512) 239- 3308; REGIONAL OFFICE: 622 South Oakes,
Suite K, San Angelo, Texas 76903-7013, (915) 655- 9479.
(24) COMPANY: Jay and Kishan, LLC dba Shell Food Mart; DOCKET NUMBER: 2004-1150-
PST-E; IDENTIFIER: PST Facility Identification Number 73145, RN101733046;
LOCATION: Wichita Falls, Wichita County, Texas; TYPE OF FACILITY: convenience
store with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.50(b)(1)(A)
and the Code, §26.3475(a), by failing to monitor the UST system for releases;
PENALTY: $1,800; ENFORCEMENT COORDINATOR: Sunday Udoetok, (512) 239-0739;
REGIONAL OFFICE: 1977 Industrial Boulevard, Abilene, Texas 79602-7833, (915)
698-9674.
(25) COMPANY: Smith's Texas Quick Stop, Inc.; DOCKET NUMBER: 2004-1443-PST-E;
IDENTIFIER: PST Facility Identification Number 62113, RN101886026; LOCATION:
Vega, Oldham County, Texas; TYPE OF FACILITY: convenience store with retail
sales of gasoline; RULE VIOLATED: 30 TAC §37.815(a) and (b), by failing
to demonstrate acceptable financial assurance; PENALTY: $1,600; ENFORCEMENT
COORDINATOR: Leila Pezeshki, (210) 490-3096; REGIONAL OFFICE: 3918 Canyon
Drive, Amarillo, Texas 79109-4933, (806) 353-9251.
(26) COMPANY: Southmost Aviation, Inc.; DOCKET NUMBER: 2004-1275-PST-E;
IDENTIFIER: PST Facility Identification Number 18715, RN101678613; LOCATION:
Brownsville, Cameron County, Texas; TYPE OF FACILITY: aviation fuel sales;
RULE VIOLATED: 30 TAC §334.48(c), by failing to have an effective manual
or automatic inventory control procedure; 30 TAC §334.49(c)(4)(C) and
the Code, §26.3475(d), by failing to perform an operability test on a
cathodic protection system; and 30 TAC §334.50(a)(1)(A) and the Code, §26.3475(b),
by failing to provide a capable release detection method; PENALTY: $6,000;
ENFORCEMENT COORDINATOR: Steven Lopez, (512) 239-1896; REGIONAL OFFICE: 1804
West Jefferson Avenue, Harlingen, Texas 78550-5247, (956) 425-6010.
(27) COMPANY: Tecon Water Company, L.P. dba Cherokee Shores Water Supply
and Granbury Acres Water System; DOCKET NUMBER: 2004-1101-PWS-E; IDENTIFIER:
PWS Numbers 1070206 and 1110109, RN101380889 and RN101380509; LOCATION: near
Mabank and Granbury, Henderson and Hood Counties, Texas; TYPE OF FACILITY:
public water supply; RULE VIOLATED: 30 TAC §290.46(f)(1) and (2) and
(j), by failing to maintain the water system's records in an organized manner
and by failing to obtain customer service inspection certifications completed
by a properly credentialed individual; 30 TAC §290.45(b)(1)(C)(i) and
(ii) and (2)(B) and THSC, §341.0315(c), by failing to provide a well
and treatment plant capacity of 0.6 gpm per connection and by failing to provide
a total storage capacity of 200 gallons per connection; 30 TAC §290.42(d)(11)(D)(i)
and (e)(5), by failing to equip each filter unit with a manually adjustable
rate-of-flow controller with a rate-of-flow indication or flow control valves
with indicators and by failing to ensure that the hypochlorination solution
top is completely covered; and 30 TAC §290.41(c)(3)(I), by failing to
fine grade the number one well site; PENALTY: $7,390; ENFORCEMENT COORDINATOR:
Cari Bing, (512) 239-1445; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth,
Texas 76118-6951, (817) 588-5800.
(28) COMPANY: Texas Department of Transportation; DOCKET NUMBER: 2004-1203-
MWD-E; IDENTIFIER: TPDES Permit Number 11325-001, RN102186368; LOCATION: Huntsville,
Walker County, Texas; TYPE OF FACILITY: interstate highway rest area with
domestic wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), TPDES
Permit Number 11325-001, and the Code, §26.121(a), by failing to comply
with the daily average permit limit for TSS and five-day biochemical oxygen
demand; PENALTY: $2,064; ENFORCEMENT COORDINATOR: Jaime Garza, (956) 425-6010;
REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713)
767-3500.
(29) COMPANY: Texas and Kansas City Cable Partners, L.P. dba Time Warner
Cable; DOCKET NUMBER: 2004-1451-PST-E; IDENTIFIER: PST Facility Identification
Number 60119, RN101052975; LOCATION: Houston, Harris County, Texas; TYPE OF
FACILITY: communications; RULE VIOLATED: 30 TAC §334.49(c)(4) and the
Code, §26.3475(d), by failing to ensure that the UST system is inspected
and tested to determine the adequacy of the cathodic protection; and 30 TAC §334.8(c)(4)(B)
and the Code, §26.346(a), by failing to ensure that the UST registration
and self-certification form is fully and accurately completed; PENALTY: $2,856;
ENFORCEMENT COORDINATOR: Trina Grieco, (713) 767-3500; REGIONAL OFFICE: 5425
Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(30) COMPANY: Varco, L.P. dba Varco Shaffer; DOCKET NUMBER: 2004-1506-AIR-E;
IDENTIFIER: Air Account Number HG0509T, Operating Permit Number O-02144, RN100211457;
LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: oil field equipment
manufacturing; RULE VIOLATED: 30 TAC §122.145(2)(C) and THSC, §382.085(b),
by failing to submit the semi-annual deviation report; and 30 TAC §122.143(4),
Operating Permit Number O-02144, and THSC, §382.085(b), by failing to
conduct the annual opacity observance; PENALTY: $3,136; ENFORCEMENT COORDINATOR:
Catherine Albrecht, (713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite
H, Houston, Texas 77023-1486, (713) 767-3500.
TRD-200500014
Paul C. Sarahan
Director, Litigation Division
Texas Commission on Environmental Quality
Filed: January 4, 2005
Licensing Actions for Radioactive Materials
TRD-200500033
Cathy Campbell
Director, Legal Services
Department of State Health Services
Filed: January 5, 2005
Notice is hereby given by the Department of State Health Services (department),
Radiation Safety Licensing Branch, that it proposes to grant an administrative
renewal pursuant to Title 25, Texas Administrative Code (TAC), §289.252(y)
for a two-year period for Radioactive Material License Number L04971 issued
to Waste Control Specialists, LLC (WCS) located in Andrews County, Texas,
one mile North of State Highway 176; 250 feet East of the Texas/New Mexico
State Line; 30 miles West of Andrews, Texas.
The department has determined that WCS has paid its license renewal fee,
has a satisfactory compliance history and otherwise complies with the requirements
of 25 TAC, §289.252(y). The proposed two-year administrative renewal
of the license does not reflect any operational or procedural changes to the
license.
It is noted that the department has received a timely application for technical
renewal of the license under 25 TAC, §289.252(z). The submitted application
for a technical renewal of the license is pending before the department and
it is
not
associated with this licensing action.
This notice affords the opportunity for a public hearing, upon written
request, within 30 days from the date of publication of this notice by a person
affected as required by Texas Health and Safety Code, §401.114, and as
set out in 25 TAC, §289.205(e). A "person affected" is defined as a person
who demonstrates that the person has suffered or will suffer actual injury
or economic damage and, if the person is not a local government, is (a) a
resident of a county, or a county adjacent to a county, in which the radioactive
material is or will be located; or (b) doing business or has a legal interest
in land in the county or adjacent county.
A person affected may request a hearing by writing Mr. Richard A. Ratliff,
P.E., Radiation Program Officer, Department of State Health Services, 1100
West 49th Street, Austin, Texas, 78756-3189. Any request for a hearing must
contain the name and address of the person who considers himself affected
by this action, identify the subject license, specify the reasons why the
person considers himself affected, and state the relief sought. If the person
is represented by an agent, the name and address of the agent must be stated.
Should no request for a public hearing be timely filed, the proposed issuance
of the license will be final.
A public hearing, if requested, shall be conducted in accordance with the
provisions of Texas Health and Safety Code, Chapter 401, the Administrative
Procedure Act (Chapter 2001, Texas Government Code), the formal hearing procedures
of the department (25 TAC, §1.21 et seq.) and the procedures of the State
Office of Administrative Hearings (1 TAC, Chapter 155).
A copy of the proposed license and information regarding the two-year administrative
renewal is available for public inspection and copying, by appointment, at
the office of the Radiation Safety Licensing Branch, Department of State Health
Services, Exchange Building, 8407 Wall Street, Austin, Texas, telephone (512)
834-6688, 8:00 a.m. to 5:00 p.m., Monday-Friday (except holidays). Information
relative to inspection and copying the documents may be obtained by contacting
Chrissie Toungate, Custodian of Records, of the Radiation Safety Licensing
Branch.
The administrative renewal is to be issued, if no hearing is required,
in Austin, Texas, 30 days following the posting date of this notice.
TRD-200500031
Cathy Campbell
Director, Legal Services
Department of State Health Services
Filed: January 5, 2005
On December 22, 2004, the Radiation Program Officer, Department of State
Health Services (department), approved the settlement agreement between the
department and Imaging and Medical Diagnostic Specialists, P.A., doing business
as Central Imaging of Arlington (registrant-M00615) of Arlington. A total
administrative penalty in the amount of $13,000 was assessed the registrant
for violations of 25 Texas Administrative Code, Chapter 289.
A copy of all relevant material is available, by appointment, for public
inspection at the Department of State Health Services, 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-200407525
Cathy Campbell
Director, Legal Services
Department of State Health Services
Filed: December 30, 2004
Notice is hereby given that the Department of State Health Services (department)
issued a notice of violation and proposal to assess an administrative penalty
to Memorial Hermann Healthcare System, dba Hermann Breast Center (registrant
- M00528-000) of Houston. A total penalty of $8,000 is proposed to be assessed
the registrant for alleged violations of 25 Texas Administrative Code, Chapter
289.
A copy of all relevant material is available, by appointment, for public
inspection at the Department of State Health Services, 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-200500032
Cathy Campbell
Director, Legal Services
Department of State Health Services
Filed: January 5, 2005
The Department of State Health Services (DSHS)/Vital Statistics Unit (VS)
announces its intent to revise the existing statewide Certificate of Death
document. On February 5, 2004, the Department of Health and Human Services
(DHHS) Secretary Tommy G. Thompson approved the 2003 revisions of the U.S.
Standard Certificate of Live Birth, the U.S. Standard Certificate of Death,
and the U.S. Standard Report of Fetal Death.
The DSHS/VS sent a request for feedback via emails, mass mail out correspondences,
and internal DSHS message system. The survey request was sent to individuals
and organizations consisting of known past and current data-users, to all
local health departments, the Texas Hospital Association, Texas Medical Association
and the Dallas-Ft. Worth Hospital Council. Subject-matter experts from throughout
the DSHS, i.e., Office of Minority Health, Children With Special Health Care
Needs, Bureau of Food and Drug Safety, etc participated in this evaluation
process. The survey comments were utilized as part of our decision-making
process.
The workgroup recommendations for the Texas Death Certificate revision,
effective January 1, 2006, are reflected in the attached spreadsheet. It should
be noted that the spreadsheet includes additions, deletions and modifications
made to the existing certificate of death. All other death certificate items
will remain as currently being collected. To view a copy of the existing death
certificate document (prior to the revisions), please visit the DSHS/VS website
at: www.tdh.state.tx.us/bvs.
The recommendations include adopting two of the new items from the National
Center for Health Statistics (NCHS) U.S. Standard Certificate, and deleting
one of the items currently being collected on the Texas certificate that is
not included on the national certificate model. The workgroup made every effort
to avoid changing or eliminating any data item that was identified as critical
to ongoing research or studies.
It is expected that a growing number of death certificates will be created
electronically utilizing the new electronic birth registration system, i.e.,
Texas Electronic Registrar (TER). However, the need for a manual paper registration
process still remains for those participants in the death registration process
who will not be using the TER, and the workgroup recognized the need to consider
space and formatting in its decision-making. Another consideration was the
desire to streamline the certificate in an effort to improve, rather than
dilute, the quality of the information gathered. The U.S. standard certificate
added only two new items. Some of the current items are being collected in
a different format.
The primary source for guidance and information used during the death certificate
revision process was the Center for Disease Control/NCHS and its U.S. Standard
Certificate. The NCHS panel put extensive time and effort into developing
the national recommendations, and the workgroup recognizes the value of that
effort. The workgroup utilized the extensive work performed by the NCHS panel,
which included eleven state representatives and a number of nationally recognized
medical and health experts. The panel consulted a wide range of subject-matter
experts, including medical examiners and funeral directors.
To facilitate implementation of the 2006 death certificate revisions, source
providers (funeral homes, medical examiners, physicians, justices of the peace)
will be given as much advance notice as possible to facilitate any changes
they will need to make in procedures, collection tools, etc. The death certificate
handbook/resource manual will be revised to include instructions for new and
modified items, and recommended methods of collection. Statewide implementation
of the new certificate will be mandatory, effective January 1, 2006.
Persons who wish to provide comments on the 2006 revisions of the Certificate
of Death should contact the Department of State Health Services, Vital Statistics
by mail at 1100 West 49th Street, Austin, Texas 78756, or by phone at (512)
458-7366 or toll free at 1-888-963-7111 no later than February 4, 2005. Hearing
and speech-impaired individuals with text telephone (TTY) may contact the
DSHS/VS at (512) 458-7719. All comments should reference this posting.
Changes to the Texas Certificate of Death (.pdf)
TRD-200407534
Cathy Campbell
Director, Legal Services
Department of State Health Services
Filed: December 31, 2004
Request for Proposals (RFP) 2005-2006 Title II - Teacher Quality Grants Program, No Child Left Behind Act of 2002 (P.L. 107-110)
Approximately $5.6 million will be available to support K-12 teachers and
other staff in gaining access to professional development in mathematics and
science during 2005-2006.
Funds will be competitively distributed in Texas under the Coordinating
Board's Teacher Quality Grants Program. The Teacher Quality Grants Program
was most recently reauthorized in Title II of the NO CHILD LEFT BEHIND Act
of 2002. Proposals for funding must be submitted by February 6, 2005 to the
Teacher Quality Grants Office of the Texas Higher Education Coordinating Board.
Information and selected on-line application materials are available at www.thecb.state.tx.us
under the Teacher Quality Grants Program.
The Teacher Quality Grants Program is designed to support training and
retraining of elementary and secondary teachers and other staff in mathematics
and science. Approximately 70-75 grants of up to $82,000 will be made to support
collaborative projects between higher education institutions and high-needs
local school districts in the areas of mathematics and science, to improve
teaching and learning in the schools.
The Board will approve recommendations for 2005-2006 awards at its April
21, 2005 quarterly meeting. Projects are funded under this application for
17 months and must be completed by September 30, 2006.
All public and private colleges and universities and appropriate non-profit
organizations of proven effectiveness in educating mathematics and science
teachers are eligible to apply for grants under the Teacher Quality Grants
Program.
For further information, contact the Teacher Quality Grants office at (512)
427-6318 or go to the Texas Teacher Quality web site at http://www.thecb.state.tx.us/TeacherQuality/RFP/Default.htm.
TRD-200500020
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Filed: January 4, 2005
Request for Proposal
The Houston-Galveston Area Council (H-GAC) is requesting written proposals
to perform a safety planning study involving analyzing crashes and related
data for five corridors (involving 12 intersections) in the City of Sugar
Land. This study is part of H-GAC's traffic safety program and is aimed at
improving safety in Sugar Land.
A pre-proposal meeting is scheduled at
2 p.m. on
Monday, January 31, 2005
, at H-GAC offices. Please R.S.V.P. to Ned
Levine, ned.levine@h-gac.com, if you plan to attend the meeting. Submittals
are due by
3 p.m. on Thursday, February 17, 2005
.
Late submittals will
NOT
be accepted. Ten (10)
typewritten, bound/stapled and signed copies are required.
The Request for Proposals packet can be downloaded from the H-GAC Transportation
Department Web site at
www.h-gac.com/transportation
. Interested firms may also obtain the packet at the H-GAC offices
at 3555 Timmons Lane, Suite 120, Houston, Texas 77027, or by contacting Ned
Levine at 713-627-3200. All questions regarding the Request for Proposals
must be made in writing, and can be sent to the attention of Ned Levine by
email to ned.levine@h-gac.com, faxed to 713-993-4508, or mailed to the Houston-Galveston
Area Council, P.O. Box 22777, Houston, TX 77227-2777. While questions regarding
this request for proposals are welcome anytime, no scope of services questions
will be answered before the pre-proposal meeting.
TRD-200500034
Alan Clark
MPO Director
Houston-Galveston Area Council
Filed: January 5, 2005
Company Licensing
Application to change the name of CENTRIS INSURANCE COMPANY to HCC INSURANCE
COMPANY, a foreign fire and/or casualty company. The home office is in Indianapolis,
Indiana.
Application to change the name of COMERICAL AMERICA INSURANCE COMPANY to
COMMERICAL ALLIANCE INSURANCE COMPANY, a domestic fire and/or casualty company.
The home office is in Houston, Texas.
Application for incorporation to the State of Texas by UNITED DENTAL CARE
OF TEXAS, INC., under the assumed name ASSURANT DENTALCARE a domestic Health
Maintenance Organization. The home office is in Dallas, Texas.
Application for incorporation to the State of Texas by UNITED DENTAL CARE
OF TEXAS, INC., under the assumed name ASSURANT EMPLOYEE BENEFITS a domestic
Health Maintenance Organization. The home office is in Dallas, Texas.
Any objections must be filed with the Texas Department of Insurance, addressed
to the attention of Godwin Ohaechesi, 333 Guadalupe Street, M/C 305-2C, Austin,
Texas 78701, within 20 days after this notice is published in the
Texas Register
.
TRD-200500043
Gene C. Jarmon
General Counsel and Chief Clerk
Texas Department of Insurance
Filed: January 5, 2005
The Commissioner of Insurance will hold a public hearing under Docket No.
2610 on Wednesday, January 26, 2005, at 9:30 a.m. in Room 100 of the William
B. Hobby Jr. State Office Building, 333 Guadalupe Street in Austin, Texas,
to consider the Texas Windstorm Insurance Association's (Association) filing
of proposed additional increases to the limits of liability for certain Association
policies of windstorm and hail insurance.
This notice is made pursuant to the Texas Insurance Code, Art. 21.49 §8D
(g) which requires notification and a hearing prior to the Commissioner's
approval, disapproval, or modification of the Association's proposed additional
increases to the limits of liability for its policies of windstorm and hail
insurance.
For additional information interested parties may contact Marilyn Hamilton,
Associate Commissioner, Property and Casualty Program, Mail Code 104-PC, Texas
Department of Insurance, P.O. Box 149104, Austin, Texas 78714-9104 or call
at (512) 322-2265. To request copies of the TWIA petition contact Sylvia Gutierrez
at (512) 463-6327 (refer to Reference No. P-1204-23).
TRD-200500018
Gene C. Jarmon
General Counsel and Chief Clerk
Texas Department of Insurance
Filed: January 4, 2005
Instant Game Number 456 "Casino Bingo"
1.0 Name and Style of Game.
A. The name of Instant Game No. 456 is "CASINO BINGO". The play style is
"bingo".
1.1 Price of Instant Ticket.
A. Tickets for Instant Game No. 456 shall be $5.00 per ticket.
1.2 Definitions in Instant Game No. 456.
A. Display Printing - That area of the instant game ticket outside of the
area where the Overprint and Play Symbols appear.
B. Latex Overprint - The removable scratch-off covering over the Play Symbols
on the front of the ticket.
C. Play Symbol - The printed data under the latex on the front of the instant
ticket that is used to determine eligibility for a prize. Each Play Symbol
is printed in Symbol font in black ink in positive except for dual-image games.
The possible black play symbols are: B01, B02, B03, B04, B05, B06, B07, B08,
B09, B10, B11, B12, B13, B14, B15, I16, I17, I18, I19, I20, I21, I22, I23,
I24, I25, I26, I27, I28, I29, I30, N31, N32, N33, N34, N35, N36, N37, N38,
N39, N40, N41, N42, N43, N44, N45, G46, G47, G48, G49, G50, G51, G52, G53,
G54, G55, G56, G57, G58, G59, G60, O61, O62, O63, O64, O65, O66, O67, O68,
O69, O70, O71, O72, O73, O74, O75, 01, 02, 03, 04, 05, 06, 07, 08, 09, 10,
11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29,
30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48,
49, 50, 51, 52, 53, 54, 55, 56, 57, 58, 59, 60, 61, 62, 63, 64, 65, 66, 67,
68, 69, 70, 71, 72, 73, 74, 75, FREE, and CHIPS SYMBOL.
D. Play Symbol Caption - the printed material appearing below each Play
Symbol which explains the Play Symbol. One caption appears under each Play
Symbol and is printed in caption font in black ink in positive. The Play Symbol
Caption which corresponds with and verifies each Play Symbol is as follows:
E. Retailer Validation Code - Three (3) letters found under the removable
scratch-off covering in the play area, which retailers use to verify and validate
instant winners. The possible validation codes are:
Low-tier winning tickets use the required codes listed in Figure 2:16.
Non-winning tickets and high-tier tickets use a non-required combination of
the required codes listed in Figure 2:16 with the exception of ∅, which
will only appear on low-tier winners and will always have a slash through
it.
F. Serial Number - A unique 13 (thirteen) digit number appearing under
the latex scratch-off covering on the front of the ticket. There is a boxed
four (4) digit Security Number placed randomly within the Serial Number. The
remaining nine (9) digits of the Serial Number are the Validation Number.
The Serial Number is positioned beneath the bottom row of play data in the
scratched-off play area. The format will be: 0000000000000.
G. Low-Tier Prize - A prize of $5.00, $10.00, $15.00 or $20.00.
H. Mid-Tier Prize - A prize of $25.00, $30.00, $40.00, $50.00, $75.00,
$100, $200 or $500.
I. High-Tier Prize- A prize of $1,000, $2,000, $5,000, $20,000 or $50,000.
J. Bar Code - A 22 (twenty-two) character interleaved two (2) of five (5)
bar code which will include a three (3) digit game ID, the seven (7) digit
pack number, the three (3) digit ticket number and the nine (9) digit Validation
Number. The bar code appears on the back of the ticket.
K. Pack-Ticket Number - A 13 (thirteen) digit number consisting of the
three (3) digit game number (456), a seven (7) digit pack number, and a three
(3) digit ticket number. Ticket numbers start with 001 and end with 075 within
each pack. The format will be: 456-0000001-001.
L. Pack - A pack of "CASINO BINGO" Instant Game tickets contains 75 tickets,
packed in plastic shrink-wrapping and fanfolded in pages of one (1). Ticket
001 will be shown on the front of the pack; the back of ticket 075 will be
revealed on the back of the pack. Every other book will reverse i.e., the
back of ticket 001 will be shown on the front of the pack and the front of
ticket 075 will be shown on the back of the pack.
M. Non-Winning Ticket - A ticket which is not programmed to be a winning
ticket or a ticket that does not meet all of the requirements of these Game
Procedures, the State Lottery Act (Texas Government Code, Chapter 466), and
applicable rules adopted by the Texas Lottery pursuant to the State Lottery
Act and referenced in 16 TAC, Chapter 401.
N. Ticket or Instant Game Ticket, or Instant Ticket - A Texas Lottery "CASINO
BINGO" Instant Game No. 456 ticket.
2.0 Determination of Prize Winners. The determination of prize winners
is subject to the general ticket validation requirements set forth in Texas
Lottery Rule 401.302, Instant Game Rules, these Game Procedures, and the requirements
set out on the back of each instant ticket. A prize winner in the "CASINO
BINGO" Instant Game is determined once the latex on the ticket is scratched
off to expose 40 (forty) play symbols. The player must scratch off the CALLER’S
CARD area to reveal 40 (forty) Bingo Numbers. The player must mark all the
BINGO NUMBERS on Cards 1 through 6 that match the Caller’s Card. Each
card has a corresponding prize legend. Players win by matching those same
numbers on the six Player’s Cards. If the player finds a diagonal, vertical
or horizontal straight line, the four corners of the card, or an X pattern,
they win a prize according to the legend of the respective playing card. Examples
of play: If a player matches all bingo numbers plus the Free Space in a complete
horizontal, vertical or diagonal line pattern in any one card the player wins
prize according to the legend of the respective playing card. If the player
matches all bingo numbers in all four (4) corners of any one card the player
wins prize according to the legend of the respective playing card. If the
player matches all bingo numbers plus Free Space to make a complete "X" pattern
in any one card, the player wins prize according to the legend of the respective
playing card. The chips play symbols in the six Bingo Cards can be used as
a FREE space to complete a winning pattern. The Player can win up to six times
on any ticket but only once on each card.
2.1 Instant Ticket Validation Requirements.
A. To be a valid Instant Game ticket, all of the following requirements
must be met:
1. Exactly 40 (forty) Play Symbols must appear under the latex overprint
on the front portion of the ticket;
2. Each of the Play Symbols must have a Play Symbol Caption underneath,
unless specified, and each Play Symbol must agree with its Play Symbol Caption;
3. Each of the Play Symbols must be present in its entirety and be fully
legible;
4. Each of the Play Symbols must be printed in black ink except for dual
image games;
5. The ticket shall be intact;
6. The Serial Number, Retailer Validation Code and Pack-Ticket Number must
be present in their entirety and be fully legible;
7. The Serial Number must correspond, using the Texas Lottery's codes,
to the Play Symbols on the ticket;
8. The ticket must not have a hole punched through it, be mutilated, altered,
unreadable, reconstituted or tampered with in any manner;
9. The ticket must not be counterfeit in whole or in part;
10. The ticket must have been issued by the Texas Lottery in an authorized
manner;
11. The ticket must not have been stolen, nor appear on any list of omitted
tickets or non-activated tickets on file at the Texas Lottery;
12. The Play Symbols, Serial Number, Retailer Validation Code and Pack-Ticket
Number must be right side up and not reversed in any manner;
13. The ticket must be complete and not miscut, and have exactly 40 (forty)
Play Symbols under the latex overprint on the front portion of the ticket,
exactly one Serial Number, exactly one Retailer Validation Code, and exactly
one Pack-Ticket Number on the ticket;
14. The Serial Number of an apparent winning ticket shall correspond with
the Texas Lottery's Serial Numbers for winning tickets, and a ticket with
that Serial Number shall not have been paid previously;
15. The ticket must not be blank or partially blank, misregistered, defective
or printed or produced in error;
16. Each of the 40 (forty) Play Symbols must be exactly one of those described
in Section 1.2.C of these Game Procedures.
17. Each of the 40 (forty) Play Symbols on the ticket must be printed in
the Symbol font and must correspond precisely to the artwork on file at the
Texas Lottery; the ticket Serial Numbers must be printed in the Serial font
and must correspond precisely to the artwork on file at the Texas Lottery;
and the Pack-Ticket Number must be printed in the Pack-Ticket Number font
and must correspond precisely to the artwork on file at the Texas Lottery;
18. The display printing on the ticket must be regular in every respect
and correspond precisely to the artwork on file at the Texas Lottery; and
19. The ticket must have been received by the Texas Lottery by applicable
deadlines.
B. The ticket must pass all additional validation tests provided for in
these Game Procedures, the Texas Lottery's Rules governing the award of prizes
of the amount to be validated, and any confidential validation and security
tests of the Texas Lottery.
C. Any Instant Game ticket not passing all of the validation requirements
is void and ineligible for any prize and shall not be paid. However, the Executive
Director may, solely at the Executive Director's discretion, refund the retail
sales price of the ticket. In the event a defective ticket is purchased, the
only responsibility or liability of the Texas Lottery shall be to replace
the defective ticket with another unplayed ticket in that Instant Game (or
a ticket of equivalent sales price from any other current Instant Lottery
game) or refund the retail sales price of the ticket, solely at the Executive
Director's discretion.
2.2 Programmed Game Parameters.
A. Consecutive non-winning tickets within a pack will not have identical
patterns.
B. A ticket will win as indicated by the prize structure.
C. A ticket can win up to six times.
D. There will never be more than one win on a single Player’s Card.
E. No duplicate numbers will appear on the Caller’s Card.
F. No duplicate numbers will appear on each individual Player’s Card.
G. The number range used for each letter will be as follows: B 01 -15;
I: 16-30; N: 31-45; G: 46-60; 0: 61-75.
H. Each Player’s Card on the same ticket must be unique.
I. The majority of the tickets will have unique configurations.
J. There will be a CHIPS symbol on each Player’s Card found in random
locations except in any of the four (4) corners or the other four (4) locations
that are involved with the "X" wins. On any one ticket the position of the
CHIPS symbol should be different for each of the six (6) PLAYER’S CARDS.
2.3 Procedure for Claiming Prizes.
A. To claim a "CASINO BINGO" Instant Game prize of $5.00, $10.00, $15.00,
$20.00, $25.00, $30.00,$40.00, $50.00, $75.00, $100, $200 or $500, a claimant
shall sign the back of the ticket in the space designated on the ticket and
present the winning ticket to any Texas Lottery Retailer. The Texas Lottery
Retailer shall verify the claim and, if valid, and upon presentation of proper
identification, make payment of the amount due the claimant and physically
void the ticket; provided that the Texas Lottery Retailer may, but is not,
in some cases, required to pay a $25.00, $30.00, $40.00, $50.00, $75.00, $100,
$200 or $500 ticket. In the event the Texas Lottery Retailer cannot verify
the claim, the Texas Lottery Retailer shall provide the claimant with a claim
form and instruct the claimant on how to file a claim with the Texas Lottery.
If the claim is validated by the Texas Lottery, a check shall be forwarded
to the claimant in the amount due. In the event the claim is not validated,
the claim shall be denied and the claimant shall be notified promptly. A claimant
may also claim any of the above prizes under the procedure described in Section
2.3.B and Section 2.3.C of these Game Procedures.
B. To claim a "CASINO BINGO" Instant Game prize of $1,000, $2,000, $5,000,
$20,000 or $50,000, the claimant must sign the winning ticket and present
it at one of the Texas Lottery’s Claim Centers. If the claim is validated
by the Texas Lottery, payment will be made to the bearer of the validated
winning ticket for that prize upon presentation of proper identification.
When paying a prize of $600 or more, the Texas Lottery shall file the appropriate
income reporting form with the Internal Revenue Service (IRS) and shall withhold
federal income tax at a rate set by the IRS if required. In the event that
the claim is not validated by the Texas Lottery, the claim shall be denied
and the claimant shall be notified promptly.
C. As an alternative method of claiming a "CASINO BINGO" Instant Game prize,
the claimant must sign the winning ticket, thoroughly complete a claim form,
and mail both to: Texas Lottery Commission, Post Office Box 16600, Austin,
Texas 78761-6600. The risk of sending a ticket remains with the claimant.
In the event that the claim is not validated by the Texas Lottery, the claim
shall be denied and the claimant shall be notified promptly.
D. Prior to payment by the Texas Lottery of any prize, the Texas Lottery
shall deduct a sufficient amount from the winnings of a person who has been
finally determined to be:
1. delinquent in the payment of a tax or other money collected by the Comptroller,
the Texas Workforce Commission, or Texas Alcoholic Beverage Commission;
2. delinquent in making child support payments administered or collected
by the Attorney General; or
3. delinquent in reimbursing the Texas Health and Human Services Commission
for a benefit granted in error under the food stamp program or the program
of financial assistance under Chapter 31, Human Resources Code;
4. in default on a loan made under Chapter 52, Education Code; or
5. in default on a loan guaranteed under Chapter 57, Education Code.
E. If a person is indebted or owes delinquent taxes to the State, other
than those specified in the preceding paragraph, the winnings of a person
shall be withheld until the debt or taxes are paid.
2.4 Allowance for Delay of Payment. The Texas Lottery may delay payment
of the prize pending a final determination by the Executive Director, under
any of the following circumstances:
A. if a dispute occurs, or it appears likely that a dispute may occur,
regarding the prize;
B. if there is any question regarding the identity of the claimant;
C. if there is any question regarding the validity of the ticket presented
for payment; or
D. if the claim is subject to any deduction from the payment otherwise
due, as described in Section 2.3.D of these Game Procedures. No liability
for interest for any delay shall accrue to the benefit of the claimant pending
payment of the claim.
2.5 Payment of Prizes to Persons Under 18. If a person under the age of
18 years is entitled to a cash prize of less than $600 from the "CASINO BINGO"
Instant Game, the Texas Lottery shall deliver to an adult member of the minor's
family or the minor's guardian a check or warrant in the amount of the prize
payable to the order of the minor.
2.6 If a person under the age of 18 years is entitled to a cash prize of
more than $600 from the "CASINO BINGO" Instant Game, the Texas Lottery shall
deposit the amount of the prize in a custodial bank account, with an adult
member of the minor's family or the minor's guardian serving as custodian
for the minor.
2.7 Instant Ticket Claim Period. All Instant Game prizes must be claimed
within 180 days following the end of the Instant Game or within the applicable
time period for certain eligible military personnel as set forth in Texas
Government Code Section 466.408. Any prize not claimed within that period,
and in the manner specified in these Game Procedures and on the back of each
ticket, shall be forfeited.
2.8 Disclaimer. The number of prizes in a game is approximate based on
the number of tickets ordered. The number of actual prizes available in a
game may vary based on number of tickets manufactured, testing, distribution,
sales and number of prizes claimed. An Instant Game ticket may continue to
be sold even when all the top prizes have been claimed.
3.0 Instant Ticket Ownership.
A. Until such time as a signature is placed upon the back portion of an
Instant Game ticket in the space designated, a ticket shall be owned by the
physical possessor of said ticket. When a signature is placed on the back
of the ticket in the space designated, the player whose signature appears
in that area shall be the owner of the ticket and shall be entitled to any
prize attributable thereto. Notwithstanding any name or names submitted on
a claim form, the Executive Director shall make payment to the player whose
signature appears on the back of the ticket in the space designated. If more
than one name appears on the back of the ticket, the Executive Director will
require that one of those players whose name appears thereon be designated
by such players to receive payment.
B. The Texas Lottery shall not be responsible for lost or stolen Instant
Game tickets and shall not be required to pay on a lost or stolen Instant
Game ticket.
4.0 Number and Value of Instant Prizes. There will be approximately 5,040,000
tickets in the Instant Game No. 456. The approximate number and value of prizes
in the game are as follows:
A. The actual number of tickets in the game may be increased or decreased
at the sole discretion of the Texas Lottery Commission.
5.0 End of the Instant Game. The Executive Director may, at any time, announce
a closing date (end date) for the Instant Game No. 456 without advance notice,
at which point no further tickets in that game may be sold.
6.0 Governing Law. In purchasing an Instant Game ticket, the player agrees
to comply with, and abide by, these Game Procedures for Instant Game No. 456,
the State Lottery Act (Texas Government Code, Chapter 466), applicable rules
adopted by the Texas Lottery pursuant to the State Lottery Act and referenced
in 16 TAC, Chapter 401, and all final decisions of the Executive Director.
TRD-200500015
Kimberly L. Kiplin
General Counsel
Texas Lottery Commission
Filed: January 4, 2005
1.0 Name and Style of Game.
A. The name of Instant Game No. 529 is "WHEEL OF FORTUNE". The play style
is "key symbol match with auto win".
1.1 Price of Instant Ticket.
A. Tickets for Instant Game No. 529 shall be $2.00 per ticket.
1.2 Definitions in Instant Game No. 529.
A. Display Printing - That area of the instant game ticket outside of the
area where the Overprint and Play Symbols appear.
B. Latex Overprint - The removable scratch-off covering over the Play Symbols
on the front of the ticket.
C. Play Symbol- The printed data under the latex on the front of the instant
ticket that is used to determine eligibility for a prize. Each Play Symbol
is printed in Symbol font in black ink in positive except for dual-image games.
The possible black play symbols are: A, B, C, D, E, F, G, H, I, J, K, L, M,
N, O, P, Q, R, S, T, U, V, W, X, Y, Z, WHEEL SYMBOL, $1.00, $2.00, $3.00,
$5.00, $8.00, $10.00, $15.00, $20.00, $25.00, $50.00, $100, $200, $1,000,
$2,500 and $25,000.
D. Play Symbol Caption- the printed material appearing below each Play
Symbol which explains the Play Symbol. One caption appears under each Play
Symbol and is printed in caption font in black ink in positive. The Play Symbol
Caption which corresponds with and verifies each Play Symbol is as follows:
E. Retailer Validation Code - Three (3) letters found under the removable
scratch-off covering in the play area, which retailers use to verify and validate
instant winners. The possible validation codes are:
Low-tier winning tickets use the required codes listed in Figure 2:16.
Non-winning tickets and high-tier tickets use a non-required combination of
the required codes listed in Figure 2:16 with the exception of ∅, which
will only appear on low-tier winners and will always have a slash through
it.
F. Serial Number - A unique 13 (thirteen) digit number appearing under
the latex scratch-off covering on the front of the ticket. There is a boxed
four (4) digit Security Number placed randomly within the Serial Number. The
remaining nine (9) digits of the Serial Number are the Validation Number.
The Serial Number is positioned beneath the bottom row of play data in the
scratched-off play area. The format will be: 0000000000000.
G. Low-Tier Prize - A prize of $2.00, $3.00, $5.00, $8.00, $10.00, $15.00
or $20.00. .
H. Mid-Tier Prize - A prize of $50.00, $100 or $200.
I. High-Tier Prize- A prize of $1,000, $2,500 or $25,000.
J. Bar Code - A 22 (twenty-two) character interleaved two (2) of five (5)
bar code which will include a three (3) digit game ID, the seven (7) digit
pack number, the three (3) digit ticket number and the nine (9) digit Validation
Number. The bar code appears on the back of the ticket.
K. Pack-Ticket Number - A 13 (thirteen) digit number consisting of the
three (3) digit game number (529), a seven (7) digit pack number, and a three
(3) digit ticket number. Ticket numbers start with 001 and end with 250 within
each pack. The format will be: 529-0000001-001.
L. Pack - A pack of "WHEEL OF FORTUNE" Instant Game tickets contains 250
tickets, packed in plastic shrink-wrapping and fanfolded in pages of two (2).
Tickets 001 and 002 will be on the top page; tickets 002 and 003 on the next
page; etc.; and tickets 249 and 250 will be on the last page. Please note
the books will be in a A- B configuration.
M. Non-Winning Ticket - A ticket which is not programmed to be a winning
ticket or a ticket that does not meet all of the requirements of these Game
Procedures, the State Lottery Act (Texas Government Code, Chapter 466), and
applicable rules adopted by the Texas Lottery pursuant to the State Lottery
Act and referenced in 16 TAC, Chapter 401.
N. Ticket or Instant Game Ticket, or Instant Ticket - A Texas Lottery "WHEEL
OF FORTUNE" Instant Game No. 529 ticket.
2.0 Determination of Prize Winners. The determination of prize winners
is subject to the general ticket validation requirements set forth in Texas
Lottery Rule 401.302, Instant Game Rules, these Game Procedures, and the requirements
set out on the back of each instant ticket. A prize winner in the "WHEEL OF
FORTUNE" Instant Game is determined once the latex on the ticket is scratched
off to expose 23 (twenty-three) Play Symbols. If a player matches any of YOUR
LETTERS play symbols to any of the WHEEL LETTERS play symbols the player wins
prize for that letter. If a player reveals a wheel symbol the player wins
$20 instantly. No portion of the display printing nor any extraneous matter
whatsoever shall be usable or playable as a part of the Instant Game.
2.1 Instant Ticket Validation Requirements.
A. To be a valid Instant Game ticket, all of the following requirements
must be met:
1. Exactly 23 (twenty-three) Play Symbols must appear under the latex overprint
on the front portion of the ticket;
2. Each of the Play Symbols must have a Play Symbol Caption underneath,
unless specified, and each Play Symbol must agree with its Play Symbol Caption;
3. Each of the Play Symbols must be present in its entirety and be fully
legible;
4. Each of the Play Symbols must be printed in black ink except for dual
image games;
5. The ticket shall be intact;
6. The Serial Number, Retailer Validation Code and Pack-Ticket Number must
be present in their entirety and be fully legible;
7. The Serial Number must correspond, using the Texas Lottery's codes,
to the Play Symbols on the ticket;
8. The ticket must not have a hole punched through it, be mutilated, altered,
unreadable, reconstituted or tampered with in any manner;
9. The ticket must not be counterfeit in whole or in part;
10. The ticket must have been issued by the Texas Lottery in an authorized
manner;
11. The ticket must not have been stolen, nor appear on any list of omitted
tickets or non-activated tickets on file at the Texas Lottery;
12. The Play Symbols, Serial Number, Retailer Validation Code and Pack-Ticket
Number must be right side up and not reversed in any manner;
13. The ticket must be complete and not miscut, and have exactly 23 (twenty-three)
Play Symbols under the latex overprint on the front portion of the ticket,
exactly one Serial Number, exactly one Retailer Validation Code, and exactly
one Pack-Ticket Number on the ticket;
14. The Serial Number of an apparent winning ticket shall correspond with
the Texas Lottery's Serial Numbers for winning tickets, and a ticket with
that Serial Number shall not have been paid previously;
15. The ticket must not be blank or partially blank, misregistered, defective
or printed or produced in error;
16. Each of the 23 (twenty-three) Play Symbols must be exactly one of those
described in Section 1.2.C of these Game Procedures.
17. Each of the 23 (twenty-three) Play Symbols on the ticket must be printed
in the Symbol font and must correspond precisely to the artwork on file at
the Texas Lottery; the ticket Serial Numbers must be printed in the Serial
font and must correspond precisely to the artwork on file at the Texas Lottery;
and the Pack-Ticket Number must be printed in the Pack-Ticket Number font
and must correspond precisely to the artwork on file at the Texas Lottery;
18. The display printing on the ticket must be regular in every respect
and correspond precisely to the artwork on file at the Texas Lottery; and
19. The ticket must have been received by the Texas Lottery by applicable
deadlines.
B. The ticket must pass all additional validation tests provided for in
these Game Procedures, the Texas Lottery's Rules governing the award of prizes
of the amount to be validated, and any confidential validation and security
tests of the Texas Lottery.
C. Any Instant Game ticket not passing all of the validation requirements
is void and ineligible for any prize and shall not be paid. However, the Executive
Director may, solely at the Executive Director's discretion, refund the retail
sales price of the ticket. In the event a defective ticket is purchased, the
only responsibility or liability of the Texas Lottery shall be to replace
the defective ticket with another unplayed ticket in that Instant Game (or
a ticket of equivalent sales price from any other current Instant Lottery
game) or refund the retail sales price of the ticket, solely at the Executive
Director's discretion.
2.2 Programmed Game Parameters.
A. Consecutive non-winning tickets will not have identical "spot for spot"
play data.
B. No duplicate non-winning Your Letters play symbols on a ticket.
C. No duplicate Wheel Letters play symbols on a ticket.
D. No three (3) or more like non-winning prize symbols on a ticket.
E. The wheel symbol will never appear more than once on a ticket.
F. Non-winning prize symbols will never be the same as the winning prize
symbol(s).
G. The wheel symbol will always appear with the $20 prize symbol.
2.3 Procedure for Claiming Prizes.
A. To claim a "WHEEL OF FORTUNE" Instant Game prize of $2.00, $3.00, $5.00,
$8.00, $10.00, $15.00, $20.00, $50.00, $100, or $200, a claimant shall sign
the back of the ticket in the space designated on the ticket and present the
winning ticket to any Texas Lottery Retailer. The Texas Lottery Retailer shall
verify the claim and, if valid, and upon presentation of proper identification,
make payment of the amount due the claimant and physically void the ticket;
provided that the Texas Lottery Retailer may, but is not, in some cases, required
to pay a $50.00, $100 or $200 ticket. In the event the Texas Lottery Retailer
cannot verify the claim, the Texas Lottery Retailer shall provide the claimant
with a claim form and instruct the claimant on how to file a claim with the
Texas Lottery. If the claim is validated by the Texas Lottery, a check shall
be forwarded to the claimant in the amount due. In the event the claim is
not validated, the claim shall be denied and the claimant shall be notified
promptly. A claimant may also claim any of the above prizes under the procedure
described in Section 2.3.B and Section 2.3.C of these Game Procedures.
B. To claim a "WHEEL OF FORTUNE" Instant Game prize of $1,000, $2,500 or
$25,000, the claimant must sign the winning ticket and present it at one of
the Texas Lottery’s Claim Centers. If the claim is validated by the
Texas Lottery, payment will be made to the bearer of the validated winning
ticket for that prize upon presentation of proper identification. When paying
a prize of $600 or more, the Texas Lottery shall file the appropriate income
reporting form with the Internal Revenue Service (IRS) and shall withhold
federal income tax at a rate set by the IRS if required. In the event that
the claim is not validated by the Texas Lottery, the claim shall be denied
and the claimant shall be notified promptly.
C. As an alternative method of claiming a "WHEEL OF FORTUNE" Instant Game
prize, the claimant must sign the winning ticket, thoroughly complete a claim
form, and mail both to: Texas Lottery Commission, Post Office Box 16600, Austin,
Texas 78761-6600. The risk of sending a ticket remains with the claimant.
In the event that the claim is not validated by the Texas Lottery, the claim
shall be denied and the claimant shall be notified promptly.
D. Prior to payment by the Texas Lottery of any prize, the Texas Lottery
shall deduct a sufficient amount from the winnings of a person who has been
finally determined to be:
1. delinquent in the payment of a tax or other money collected by the Comptroller,
the Texas Workforce Commission, or Texas Alcoholic Beverage Commission;
2. delinquent in making child support payments administered or collected
by the Attorney General; or
3. delinquent in reimbursing the Texas Health and Human Services Commission
for a benefit granted in error under the food stamp program or the program
of financial assistance under Chapter 31, Human Resources Code;
4. in default on a loan made under Chapter 52, Education Code; or
5. in default on a loan guaranteed under Chapter 57, Education Code.
E. If a person is indebted or owes delinquent taxes to the State, other
than those specified in the preceding paragraph, the winnings of a person
shall be withheld until the debt or taxes are paid.
2.4 Allowance for Delay of Payment. The Texas Lottery may delay payment
of the prize pending a final determination by the Executive Director, under
any of the following circumstances:
A. if a dispute occurs, or it appears likely that a dispute may occur,
regarding the prize;
B. if there is any question regarding the identity of the claimant;
C. if there is any question regarding the validity of the ticket presented
for payment; or
D. if the claim is subject to any deduction from the payment otherwise
due, as described in Section 2.3.D of these Game Procedures. No liability
for interest for any delay shall accrue to the benefit of the claimant pending
payment of the claim.
2.5 Payment of Prizes to Persons Under 18. If a person under the age of
18 years is entitled to a cash prize of less than $600 from the "WHEEL OF
FORTUNE" Instant Game, the Texas Lottery shall deliver to an adult member
of the minor's family or the minor's guardian a check or warrant in the amount
of the prize payable to the order of the minor.
2.6 If a person under the age of 18 years is entitled to a cash prize of
more than $600 from the "WHEEL OF FORTUNE" Instant Game, the Texas Lottery
shall deposit the amount of the prize in a custodial bank account, with an
adult member of the minor's family or the minor's guardian serving as custodian
for the minor.
2.7 Instant Ticket Claim Period. All Instant Game prizes must be claimed
within 180 days following the end of the Instant Game or within the applicable
time period for certain eligible military personnel as set forth in Texas
Government Code Section 466.408. Any prize not claimed within that period,
and in the manner specified in these Game Procedures and on the back of each
ticket, shall be forfeited.
2.8 Disclaimer. The number of prizes in a game is approximate based on
the number of tickets ordered. The number of actual prizes available in a
game may vary based on number of tickets manufactured, testing, distribution,
sales and number of prizes claimed. An Instant Game ticket may continue to
be sold even when all the top prizes have been claimed.
3.0 Instant Ticket Ownership.
A. Until such time as a signature is placed upon the back portion of an
Instant Game ticket in the space designated, a ticket shall be owned by the
physical possessor of said ticket. When a signature is placed on the back
of the ticket in the space designated, the player whose signature appears
in that area shall be the owner of the ticket and shall be entitled to any
prize attributable thereto. Notwithstanding any name or names submitted on
a claim form, the Executive Director shall make payment to the player whose
signature appears on the back of the ticket in the space designated. If more
than one name appears on the back of the ticket, the Executive Director will
require that one of those players whose name appears thereon be designated
by such players to receive payment.
B. The Texas Lottery shall not be responsible for lost or stolen Instant
Game tickets and shall not be required to pay on a lost or stolen Instant
Game ticket.
4.0 Number and Value of Instant Prizes. There will be approximately 10,080,000
tickets in the Instant Game No. 529. The approximate number and value of prizes
in the game are as follows:
A. The actual number of tickets in the game may be increased or decreased
at the sole discretion of the Texas Lottery Commission.
5.0 End of the Instant Game. The Executive Director may, at any time, announce
a closing date (end date) for the Instant Game No. 529 without advance notice,
at which point no further tickets in that game may be sold.
6.0 Governing Law. In purchasing an Instant Game ticket, the player agrees
to comply with, and abide by, these Game Procedures for Instant Game No. 529,
the State Lottery Act (Texas Government Code, Chapter 466), applicable rules
adopted by the Texas Lottery pursuant to the State Lottery Act and referenced
in 16 TAC, Chapter 401, and all final decisions of the Executive Director.
TRD-200500016
Kimberly L. Kiplin
General Counsel
Texas Lottery Commission
Filed: January 4, 2005
1.0 Name and Style of Game.
A. The name of Instant Game No. 536 is "GIANT JUMBO BUCKS". The play style
is "key number match with multiplier".
1.1 Price of Instant Ticket.
A. Tickets for Instant Game No. 536 shall be $5.00 per ticket.
1.2 Definitions in Instant Game No. 536.
A. Display Printing - That area of the instant game ticket outside of the
area where the Overprint and Play Symbols appear.
B. Latex Overprint - The removable scratch-off covering over the Play Symbols
on the front of the ticket.
C. Play Symbol- The printed data under the latex on the front of the instant
ticket that is used to determine eligibility for a prize. Each Play Symbol
is printed in Symbol font in black ink in positive except for dual-image games.
The possible black play symbols are: 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12,
13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31,
32, 33, 34, 35, 36, 37, 38, 39, JUMBO SYMBOL, $1.00, $2.00, $4.00, $5.00,
$10.00, $15.00, $20.00, $25.00, $40.00, $50.00, $100, $500, $1,000 and $50,000.
D. Play Symbol Caption- the printed material appearing below each Play
Symbol which explains the Play Symbol. One caption appears under each Play
Symbol and is printed in caption font in black ink in positive. The Play Symbol
Caption which corresponds with and verifies each Play Symbol is as follows:
E. Retailer Validation Code - Three (3) letters found under the removable
scratch-off covering in the play area, which retailers use to verify and validate
instant winners. The possible validation codes are:
Low-tier winning tickets use the required codes listed in Figure 2:16.
Non-winning tickets and high-tier tickets use a non-required combination of
the required codes listed in Figure 2:16 with the exception of ∅, which
will only appear on low-tier winners and will always have a slash through
it.
F. Serial Number - A unique 13 (thirteen) digit number appearing under
the latex scratch-off covering on the front of the ticket. There is a boxed
four (4) digit Security Number placed randomly within the Serial Number. The
remaining nine (9) digits of the Serial Number are the Validation Number.
The Serial Number is positioned beneath the bottom row of play data in the
scratched-off play area. The format will be: 0000000000000.
G. Low-Tier Prize - A prize of $5.00, $10.00, $15.00 or $20.00.
H. Mid-Tier Prize - A prize of $50.00, $100 or $500.
I. High-Tier Prize- A prize of $1,000, $5,000 or $50,000.
J. Bar Code - A 22 (twenty-two) character interleaved two (2) of five (5)
bar code which will include a three (3) digit game ID, the seven (7) digit
pack number, the three (3) digit ticket number and the nine (9) digit Validation
Number. The bar code appears on the back of the ticket.
K. Pack-Ticket Number - A 13 (thirteen) digit number consisting of the
three (3) digit game number (536), a seven (7) digit pack number, and a three
(3) digit ticket number. Ticket numbers start with 001 and end with 075 within
each pack. The format will be: 536-0000001-001.
L. Pack - A pack of "GIANT JUMBO BUCKS" Instant Game tickets contains 075
tickets, packed in plastic shrink-wrapping and fanfolded in pages of one (1).
The packs the alternate. One will show the front of ticket 001 and back of
075 while the other fold will show back of ticket 001 and front of 075. Please
note the books will be in a A- B configuration.
M. Non-Winning Ticket - A ticket which is not programmed to be a winning
ticket or a ticket that does not meet all of the requirements of these Game
Procedures, the State Lottery Act (Texas Government Code, Chapter 466), and
applicable rules adopted by the Texas Lottery pursuant to the State Lottery
Act and referenced in 16 TAC, Chapter 401.
N. Ticket or Instant Game Ticket, or Instant Ticket - A Texas Lottery "GIANT
JUMBO BUCKS" Instant Game No. 536 ticket.
2.0 Determination of Prize Winners. The determination of prize winners
is subject to the general ticket validation requirements set forth in Texas
Lottery Rule 401.302, Instant Game Rules, these Game Procedures, and the requirements
set out on the back of each instant ticket. A prize winner in the "GIANT JUMBO
BUCKS" Instant Game is determined once the latex on the ticket is scratched
off to expose 44 (forty-four) Play Symbols. If a player matches any of YOUR
NUMBERS play symbols to any of the four SERIAL NUMBERS play symbols the player
wins prize shown for that number. If a player reveals a JUMBO play symbol
the player wins 5 times the prize shown for that number. No portion of the
display printing nor any extraneous matter whatsoever shall be usable or playable
as a part of the Instant Game.
2.1 Instant Ticket Validation Requirements.
A. To be a valid Instant Game ticket, all of the following requirements
must be met:
1. Exactly 44 (forty-five) Play Symbols must appear under the latex overprint
on the front portion of the ticket;
2. Each of the Play Symbols must have a Play Symbol Caption underneath,
unless specified, and each Play Symbol must agree with its Play Symbol Caption;
3. Each of the Play Symbols must be present in its entirety and be fully
legible;
4. Each of the Play Symbols must be printed in black ink except for dual
image games;
5. The ticket shall be intact;
6. The Serial Number, Retailer Validation Code and Pack-Ticket Number must
be present in their entirety and be fully legible;
7. The Serial Number must correspond, using the Texas Lottery's codes,
to the Play Symbols on the ticket;
8. The ticket must not have a hole punched through it, be mutilated, altered,
unreadable, reconstituted or tampered with in any manner;
9. The ticket must not be counterfeit in whole or in part;
10. The ticket must have been issued by the Texas Lottery in an authorized
manner;
11. The ticket must not have been stolen, nor appear on any list of omitted
tickets or non-activated tickets on file at the Texas Lottery;
12. The Play Symbols, Serial Number, Retailer Validation Code and Pack-Ticket
Number must be right side up and not reversed in any manner;
13. The ticket must be complete and not miscut, and have exactly 44 (forty-four)
Play Symbols under the latex overprint on the front portion of the ticket,
exactly one Serial Number, exactly one Retailer Validation Code, and exactly
one Pack-Ticket Number on the ticket;
14. The Serial Number of an apparent winning ticket shall correspond with
the Texas Lottery's Serial Numbers for winning tickets, and a ticket with
that Serial Number shall not have been paid previously;
15. The ticket must not be blank or partially blank, misregistered, defective
or printed or produced in error;
16. Each of the 44 (forty-four) Play Symbols must be exactly one of those
described in Section 1.2.C of these Game Procedures.
17. Each of the 44 (forty-four) Play Symbols on the ticket must be printed
in the Symbol font and must correspond precisely to the artwork on file at
the Texas Lottery; the ticket Serial Numbers must be printed in the Serial
font and must correspond precisely to the artwork on file at the Texas Lottery;
and the Pack-Ticket Number must be printed in the Pack-Ticket Number font
and must correspond precisely to the artwork on file at the Texas Lottery;
18. The display printing on the ticket must be regular in every respect
and correspond precisely to the artwork on file at the Texas Lottery; and
19. The ticket must have been received by the Texas Lottery by applicable
deadlines.
B. The ticket must pass all additional validation tests provided for in
these Game Procedures, the Texas Lottery's Rules governing the award of prizes
of the amount to be validated, and any confidential validation and security
tests of the Texas Lottery.
C. Any Instant Game ticket not passing all of the validation requirements
is void and ineligible for any prize and shall not be paid. However, the Executive
Director may, solely at the Executive Director's discretion, refund the retail
sales price of the ticket. In the event a defective ticket is purchased, the
only responsibility or liability of the Texas Lottery shall be to replace
the defective ticket with another unplayed ticket in that Instant Game (or
a ticket of equivalent sales price from any other current Instant Lottery
game) or refund the retail sales price of the ticket, solely at the Executive
Director's discretion.
2.2 Programmed Game Parameters.
A. Consecutive non-winning tickets will not have identical play data, spot
for spot.
B. No duplicate non-winning Your Numbers on a ticket.
C. No duplicate Serial Numbers on a ticket.
D. No more than four like non-winning prize symbols on a ticket.
E. A non-winning prize symbol will never be the same as a winning prize
symbol.
F. No prize amount in a non-winning spot will correspond with the Your
Number play symbol (i.e. 5 and $5).
G. The JUMBO symbol will only appear on intended winning tickets and only
as designated by the prize structure.
2.3 Procedure for Claiming Prizes.
A. To claim a "GIANT JUMBO BUCKS" Instant Game prize of $5.00, $10.00,
$15.00, $20.00, $50.00, $100 or $500, a claimant shall sign the back of the
ticket in the space designated on the ticket and present the winning ticket
to any Texas Lottery Retailer. The Texas Lottery Retailer shall verify the
claim and, if valid, and upon presentation of proper identification, make
payment of the amount due the claimant and physically void the ticket; provided
that the Texas Lottery Retailer may, but is not, in some cases, required to
pay a $50.00, $100 or $500 ticket. In the event the Texas Lottery Retailer
cannot verify the claim, the Texas Lottery Retailer shall provide the claimant
with a claim form and instruct the claimant on how to file a claim with the
Texas Lottery. If the claim is validated by the Texas Lottery, a check shall
be forwarded to the claimant in the amount due. In the event the claim is
not validated, the claim shall be denied and the claimant shall be notified
promptly. A claimant may also claim any of the above prizes under the procedure
described in Section 2.3.B and Section 2.3.C of these Game Procedures.
B. To claim a "GIANT JUMBO BUCKS" Instant Game prize of $1,000, $5,000
or $50,000, the claimant must sign the winning ticket and present it at one
of the Texas Lottery’s Claim Centers. If the claim is validated by the
Texas Lottery, payment will be made to the bearer of the validated winning
ticket for that prize upon presentation of proper identification. When paying
a prize of $600 or more, the Texas Lottery shall file the appropriate income
reporting form with the Internal Revenue Service (IRS) and shall withhold
federal income tax at a rate set by the IRS if required. In the event that
the claim is not validated by the Texas Lottery, the claim shall be denied
and the claimant shall be notified promptly.
C. As an alternative method of claiming a "GIANT JUMBO BUCKS" Instant Game
prize, the claimant must sign the winning ticket, thoroughly complete a claim
form, and mail both to: Texas Lottery Commission, Post Office Box 16600, Austin,
Texas 78761-6600. The risk of sending a ticket remains with the claimant.
In the event that the claim is not validated by the Texas Lottery, the claim
shall be denied and the claimant shall be notified promptly.
D. Prior to payment by the Texas Lottery of any prize, the Texas Lottery
shall deduct a sufficient amount from the winnings of a person who has been
finally determined to be:
1. delinquent in the payment of a tax or other money collected by the Comptroller,
the Texas Workforce Commission, or Texas Alcoholic Beverage Commission;
2. delinquent in making child support payments administered or collected
by the Attorney General; or
3. delinquent in reimbursing the Texas Health and Human Services Commission
for a benefit granted in error under the food stamp program or the program
of financial assistance under Chapter 31, Human Resources Code;
4. in default on a loan made under Chapter 52, Education Code; or
5. in default on a loan guaranteed under Chapter 57, Education Code.
E. If a person is indebted or owes delinquent taxes to the State, other
than those specified in the preceding paragraph, the winnings of a person
shall be withheld until the debt or taxes are paid.
2.4 Allowance for Delay of Payment. The Texas Lottery may delay payment
of the prize pending a final determination by the Executive Director, under
any of the following circumstances:
A. if a dispute occurs, or it appears likely that a dispute may occur,
regarding the prize;
B. if there is any question regarding the identity of the claimant;
C. if there is any question regarding the validity of the ticket presented
for payment; or
D. if the claim is subject to any deduction from the payment otherwise
due, as described in Section 2.3.D of these Game Procedures. No liability
for interest for any delay shall accrue to the benefit of the claimant pending
payment of the claim.
2.5 Payment of Prizes to Persons Under 18. If a person under the age of
18 years is entitled to a cash prize of less than $600 from the "GIANT JUMBO
BUCKS" Instant Game, the Texas Lottery shall deliver to an adult member of
the minor's family or the minor's guardian a check or warrant in the amount
of the prize payable to the order of the minor.
2.6 If a person under the age of 18 years is entitled to a cash prize of
more than $600 from the "GIANT JUMBO BUCKS" Instant Game, the Texas Lottery
shall deposit the amount of the prize in a custodial bank account, with an
adult member of the minor's family or the minor's guardian serving as custodian
for the minor.
2.7 Instant Ticket Claim Period. All Instant Game prizes must be claimed
within 180 days following the end of the Instant Game or within the applicable
time period for certain eligible military personnel as set forth in Texas
Government Code Section 466.408. Any prize not claimed within that period,
and in the manner specified in these Game Procedures and on the back of each
ticket, shall be forfeited.
2.8 Disclaimer. The number of prizes in a game is approximate based on
the number of tickets ordered. The number of actual prizes available in a
game may vary based on number of tickets manufactured, testing, distribution,
sales and number of prizes claimed. An Instant Game ticket may continue to
be sold even when all the top prizes have been claimed.
3.0 Instant Ticket Ownership.
A. Until such time as a signature is placed upon the back portion of an
Instant Game ticket in the space designated, a ticket shall be owned by the
physical possessor of said ticket. When a signature is placed on the back
of the ticket in the space designated, the player whose signature appears
in that area shall be the owner of the ticket and shall be entitled to any
prize attributable thereto. Notwithstanding any name or names submitted on
a claim form, the Executive Director shall make payment to the player whose
signature appears on the back of the ticket in the space designated. If more
than one name appears on the back of the ticket, the Executive Director will
require that one of those players whose name appears thereon be designated
by such players to receive payment.
B. The Texas Lottery shall not be responsible for lost or stolen Instant
Game tickets and shall not be required to pay on a lost or stolen Instant
Game ticket.
4.0 Number and Value of Instant Prizes. There will be approximately 6,000,000
tickets in the Instant Game No. 536. The approximate number and value of prizes
in the game are as follows:
A. The actual number of tickets in the game may be increased or decreased
at the sole discretion of the Texas Lottery Commission.
5.0 End of the Instant Game. The Executive Director may, at any time, announce
a closing date (end date) for the Instant Game No. 536 without advance notice,
at which point no further tickets in that game may be sold.
6.0 Governing Law. In purchasing an Instant Game ticket, the player agrees
to comply with, and abide by, these Game Procedures for Instant Game No. 536,
the State Lottery Act (Texas Government Code, Chapter 466), applicable rules
adopted by the Texas Lottery pursuant to the State Lottery Act and referenced
in 16 TAC, Chapter 401, and all final decisions of the Executive Director.
TRD-200500017
Kimberly L. Kiplin
General Counsel
Texas Lottery Commission
Filed: January 4, 2005
Request for Proposals to Conduct a Strategic Plan for the Trinity Railway Express
This request by the North Central Texas Council of Governments (NCTCOG)
for consultant services is filed under the provisions of Government Code,
Chapter 2254.
The North Central Texas Council of Governments (NCTCOG) is seeking written
proposals from consultants to facilitate the development of a Strategic Plan
for the Trinity Railway Express (TRE). The project will be funded through
the 2004-2005 Unified Planning Work Program (UPWP). Engineering services are
not anticipated for this study. The consultant effort will focus on consensus
building and facilitation of a strategic plan for the TRE that integrates
and builds on outcomes of the Dallas Area Rapid Transit (DART) System Plan
and the Fort Worth Transportation Authority (FWTA) Strategic Plan. The effort
will also include consideration of the results of NCTCOG's Regional Rail Corridor
Study.
Due Date
Proposals must be submitted no later than 5 p.m. Central Daylight Time
on Friday, February 25, 2005, to Christie Zupancic, Principal Transportation
Planner, North Central Texas Council of Governments, 616 Six Flags Drive,
Arlington, Texas 76011 or P.O. Box 5888, Arlington, Texas 76005-5888. For
copies of the Request for Proposals, contact Therese Bergeon at (817) 695-9267.
Contract Award Procedures
The firm or individual selected to perform this study will be recommended
by a Project Review Committee. The PRC will use evaluation criteria and methodology
consistent with the scope of services contained in the Request for Proposals.
The NCTCOG Executive Board will review the PRC's recommendations and, if found
acceptable, will issue a contract award.
Regulations
NCTCOG, in accordance with Title VI of the Civil Rights Act of 1964, 78
Statute 252, 41 United States Code 2000d to 2000d-4; and Title 49, Code of
Federal Regulations, Department of Transportation, Subtitle A, Office of the
Secretary, Part 1, Nondiscrimination in Federally Assisted Programs of the
Department of Transportation issued pursuant to such act, hereby notifies
all proposers that it will affirmatively assure that in regard to any contract
entered into pursuant to this advertisement, disadvantaged business enterprises
will be afforded full opportunity to submit proposals in response to this
invitation and will not be discriminated against on the grounds of race, color,
sex, age, national origin, or disability in consideration of an award.
TRD-200500051
R. Michael Eastland
Executive Director
North Central Texas Council of Governments
Filed: January 5, 2005
Solicitation for Leased Space
The Panhandle Regional Planning Commission (PRPC) is seeking proposals
for a leased facility to house the Work2aT.com Business Services Division
of the Texas Workforce Centers in Amarillo, Texas. The center will provide
a variety of employment and training related services to employers. The property
must be available for occupancy on March 1, 2005 or at a reasonably negotiated
time following the contract award.
The office space is to be located in the downtown banking and professional/business
district of Amarillo, Texas. The property will be used to house eight (8)
staff members; must offer a suitable area for group meetings, open space to
be configured as a reception area, a kitchen area that includes a working
sink, counter space, space and outlets for a refrigerator and microwave, accessible
restrooms for men and women, and ample free off-street parking spaces for
scheduled events. This space must be able to be configured for both open area
use with modular furniture and enclosed rooms as specified in the Request
for Proposals.
Proposals must be received by 5:00 p.m. Tuesday, February 1, 2005. For
additional information or a copy of the Request for Proposals, please contact
Leslie Hardin, Workforce Development Facilities Coordinator at (806) 372-3381
or lhardin@prpc.cog.tx.us.
TRD-200500028
Leslie Hardin
Facilities Coordinator
Panhandle Regional Planning Commission
Filed: January 4, 2005
Notice of Application for Designation as an Eligible Telecommunications Carrier and Eligible Telecommunications Provider Pursuant to P.U.C. Substantive Rule §26.418
Notice is given to the public of an application filed with the Public Utility
Commission of Texas on December 29, 2004, for designation as an eligible telecommunications
carrier (ETC) and eligible telecommunications provider (ETP) pursuant to P.U.C.
Substantive Rule §26.418 and §26.417, respectively.
Docket Title and Number: Application of Smartcom Telephone, LLC for Eligible
Telecommunications Carrier (ETC) Designation and Eligible Telecommunications
Provider (ETP). Docket Number 30607.
The Application: The company is requesting ETC/ETP designation in order
to be eligible to receive federal and state universal service funding to assist
it in providing universal service in Texas. Pursuant to 47 U.S.C. §214(e),
the commission, either upon its own motion or upon request, shall designate
qualifying common carriers as ETCs and ETPs for service areas set forth by
the commission. Smartcom Telephone, LLC seeks ETC/ETP designation in the identified
study areas and exchanges of SBC Texas and Verizon Southwest.
Persons who wish to comment upon the action sought should contact the Public
Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326,
or by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than
February 3, 2005. 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 30607.
TRD-200407529
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: December 30, 2004
Notice is given to the public of the filing with the Public Utility Commission
of Texas of an application filed on December 8, 2004, for an amendment to
certificated service area boundaries.
Docket Style and Number: Application of Southwestern Bell Telephone, L.P.
d/b/a SBC Texas for a Minor Boundary Amendment to its Certificate of Convenience
between Belton and Temple Exchanges. Docket Number 30518.
The Application: The proposed boundary amendment will transfer two small
sections of serving area from the Belton exchange to the Temple exchange to
accommodate two new subdivisions that are currently under construction. There
are no customers in these areas currently.
Persons wishing to comment on the action sought should contact the Public
Utility Commission of Texas no later than January 21, 2005, by mail at P.
O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll-free
at 1-888-782-8477. Hearing and speech- impaired individuals with text telephone
(TTY) may contact the commission at (512) 936-7136 or use Relay Texas (toll-free)
1-800-735-2989. All comments should reference Docket Number 30518.
TRD-200500040
Adriana Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: January 5, 2005
Notice is given to the public of the filing with the Public Utility Commission
of Texas (commission) a petition on December 27, 2004, for a declaratory order.
Docket Style and Number: Petition of the Cities of Beaumont, Conroe, and
Port Arthur for Declaratory Order, Docket Number 30604.
The Application: The petition requests that the commission issue an order
declaring that the Public Utility Regulatory Act §39.103 does not interfere
with Cities' original jurisdiction to set rates and that the commission is
without the original jurisdiction necessary to review the surcharge tariffs
at issue.
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. Hearing and
speech-impaired individuals with text telephone (TTY) may contact the commission
at (512) 936-7136 or use Relay Texas (toll-free) 1-800-735-2989. All comments
should reference Docket Number 30604.
TRD-200500027
Adriana Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: January 4, 2005
Request for Proposal
Texas A&M University is seeking Proposals from an experienced Consulting
Firm for assistance in the process to select software and implementation vendor(s)
for the Enterprise Information System (EIS) Project. The President of Texas
A&M University has affirmed the necessity of an experienced Consulting
Firm for assistance in the vendor selection process and contract negotiations
for the EIS project. Texas A&M University intends to award to a consulting
firm that has previous experience on this project.
All documents pertaining to this Request for Proposal are available on
the Electronic State Business Daily (http://esbd.tbpc.state.tx.us) under agency
requisition number "RFP MAIN 05-0018."
Information may also be obtained by contacting:
Mary Sue Goldwater
Associate Director of Purchasing Services
Texas A&M University
P.O. Box 30013
College Station, Texas 77842-0013
ms-goldwater@tamu.edu
Selection criteria is based on best value which shall include price, services,
company experience, demonstrated competence and qualifications, references
past experience, and the ability to meet established schedule. Proposals must
be received on or before 2:00 p.m. on Monday, February 14, 2005.
TRD-200500048
Vickie Burt Spillers
Executive Secretary to the Board
Texas A&M University, Board of Regents
Filed: January 5, 2005
Request for Proposal for Aviation Engineering Services - Hemphill County Airport
The County of Hemphill, through its agent, the Texas Department of Transportation
(TxDOT), intends to engage an aviation professional engineering firm for services
pursuant to Government Code, Chapter 2254, Subchapter A. TxDOT, Aviation Division
will solicit and receive proposals for professional aviation engineering design
services described in this notice.
Airport Sponsor: Hemphill County, Hemphill County Airport. TxDOT CSJ No.:
0504CANAD. Scope: Provide engineering/design services for relocation of wind
sock; expansion of apron; relocation of 100LL fueling station and addition
of Jet A fuel; and replacement of barbed wire fencing with deer proof fencing
at the Hemphill County Airport.
The DBE goal is set at 5%. TxDOT Project Manager is Russell Deason.
To assist in your proposal preparation the most recent Airport Layout Plan,
5010 drawing, and project narrative are available online by selecting "Hemphill
County Airport" at:
www.dot.state.tx.us/avn/avninfo/notice/consult/index.htm
Interested firms shall utilize the latest version of Form AVN-550, titled
"Aviation Engineering Services Proposal." The form may be requested from TxDOT,
Aviation Division, 125 E. 11th Street, Austin, Texas 78701-2483, phone number,
1-800-68-PILOT (74568). The form may be emailed by request or downloaded from
the TxDOT web site, URL address:
http://www.dot.state.tx.us/avn/avn550.doc
The form may not be altered in any way. All printing must be in black on
white paper, except for the optional illustration page. Firms must carefully
follow the instructions provided on each page of the form. Proposals may not
exceed the number of pages in the proposal format. The proposal format consists
of seven pages of data plus two optional pages consisting of an illustration
page and a proposal summary page. Proposals shall be stapled but not bound
in any other fashion. PROPOSALS WILL NOT BE ACCEPTED IN ANY OTHER FORMAT.
(Attention: To ensure utilization of the latest version of Form 550, firms
are encouraged to download Form 550 from the TxDOT website. Utilization of
Form 550 from a previous download may not be the exact same format. Form 550
is an MS Word Template).
Eight completed, unfolded copies of Form AVN 550 must be postmarked by
U. S. Mail by midnight February 7, 2005. (CDST). Mailing address: TxDOT, Aviation
Division, 125 E. 11th Street, Austin, Texas 78701-2483. Overnight delivery
must be received by 4:00 p.m. (CDST) on February 8, 2005; overnight address:
TxDOT, Aviation Division, 200 E. Riverside Drive, Austin, Texas, 78704. Hand
delivery must be received by 4:00 p.m. February 8, 2005 (CDST); hand delivery
address: 150 E. Riverside Drive, 5th Floor, South Tower, Austin, Texas 78704.
Electronic facsimiles or forms sent by email will not be accepted. Please
mark the envelope of the forms to the attention of Edie Stimach.
The consultant selection committee will be composed of local government
members.
The final selection by the committee will generally be made following the
completion of review of proposals. The committee will review all proposals
and rate and rank each. The criteria for evaluating engineering proposals
can be found at:
www.dot.state.tx.us/business/avnconsultinfo.htm
All firms will be notified and the top rated firm will be contacted to
begin fee negotiations. The selection committee does, however, reserve the
right to conduct interviews of the top rated firms if the committee deems
it necessary. In such case, selection will be made following interviews.
If there are any procedural questions, please contact Edie Stimach, Grant
Manager, or Russell Deason, Project Manager for technical questions at 1-800-68-PILOT
(74568).
TRD-200407526
Bob Jackson
Deputy General Counsel
Texas Department of Transportation
Filed: December 30, 2004
The City of Livingston, through its agent, the Texas Department of Transportation
(TxDOT), intends to engage an aviation professional engineering firm for services
pursuant to Government Code, Chapter 2254, Subchapter A. TxDOT, Aviation Division
will solicit and receive proposals for professional aviation engineering design
services described in this notice.
Airport Sponsor: City of Livingston, Livingston Municipal Airport, TxDOT
CSJ No. 0511LIVIN. Scope: To provide engineering/design services to rehabilitate
and mark runway 12-30, rehabilitate cross taxiway, reconstruct apron, relocate
and replace rotating beacon and tower, install PAPI-2 at Runway 30.
The HUB goal is set at 10%. TxDOT Project Manager is John Wepryk, P.E.
To assist in your proposal preparation the most recent Airport Layout Plan,
5010 drawing, and project narrative are available online by selecting "Livingston
Municipal Airport" at:
www.dot.state.tx.us/avn/avninfo/notice/consult/index.htm
Interested firms shall utilize the latest version of Form AVN-550, titled
"Aviation Engineering Services Proposal." The form may be requested from TxDOT,
Aviation Division, 125 E. 11th Street, Austin, Texas 78701-2483, phone number,
1-800-68-PILOT (74568). The form may be emailed by request or downloaded from
the TxDOT web site, URL address:
http://www.dot.state.tx.us/avn/avn550.doc
The form may not be altered in any way. All printing must be in black on
white paper, except for the optional illustration page. Firms must carefully
follow the instructions provided on each page of the form. Proposals may not
exceed the number of pages in the proposal format. The proposal format consists
of seven pages of data plus two optional pages consisting of an illustration
page and a proposal summary page. Proposals shall be stapled but not bound
in any other fashion. PROPOSALS WILL NOT BE ACCEPTED IN ANY OTHER FORMAT.
(Attention: To ensure utilization of the latest version of Form 550, firms
are encouraged to download Form 550 from the TxDOT website. Utilization of
Form 550 from a previous download may not be the exact same format. Form 550
is an MS Word Template.)
Four completed, unfolded copies of Form AVN 550 must be postmarked by U.
S. Mail by midnight February 7, 2005 (CDST). Mailing address: TxDOT, Aviation
Division, 125 E. 11th Street, Austin, Texas 78701-2483. Overnight delivery
must be received by 4:00 p.m. (CDST) on February 8, 2005; overnight address:
TxDOT, Aviation Division, 200 E. Riverside Drive, Austin, Texas, 78704. Hand
delivery must be received by 4:00 p.m. February 8, 2005 (CDST); hand delivery
address: 150 E. Riverside Drive, 5th Floor, South Tower, Austin, Texas 78704.
Electronic facsimiles or forms sent by email will not be accepted. Please
mark the envelope of the forms to the attention of Sheri Quinlan.
The consultant selection committee will be composed of local government
members.
The final selection by the committee will generally be made following the
completion of review of proposals. The committee will review all proposals
and rate and rank each. The criteria for evaluating engineering proposals
can be found at:
www.dot.state.tx.us/business/avnconsultinfo.htm
All firms will be notified and the top rated firm will be contacted to
begin fee negotiations. The selection committee does, however, reserve the
right to conduct interviews of the top rated firms if the committee deems
it necessary. In such case, selection will be made following interviews.
If there are any procedural questions, please contact Sheri Quinlan, Grant
Manager, or John Wepryk, P.E. for technical questions at 1-800-68-PILOT (74568).
TRD-200407527
Bob Jackson
Deputy General Counsel
Texas Department of Transportation
Filed: December 30, 2004
In accordance with 43 TAC §25.901, et seq., the Texas Department of
Transportation (TxDOT) is requesting project proposals for the following statewide
projects:
1. Technical Assistance and Data Analysis for Traffic Safety
2. Mobile Video Instructor Training Course for Law Enforcement
3. Traffic Safety Project Management Training
4. Safe Communities Statewide Process Manager
5. Observational Surveys of Restraint Use and Motorcycle Helmet Use
6. Police Traffic Services Support (Law Enforcement Coordinators)
7. Statewide Child Passenger Safety Education and Distribution Program
8. City/County Traffic Safety Assistance
The problem identification, solutions, objectives, performance measures
and targets can be found at:
www.dot.state.tx.us/trafficsafety/grants/webrfpmenu.htm.
Responses to this Request for Proposals must submit the completed TxDOT
Form 1851 and required attachments no later than February 16, 2005. Attachments
must include a detailed budget using TxDOT Form 2077 and detailed Action Plans
using TxDOT Form 1852. Proposals offering less activity or deliverables than
in the online 1851 will not be considered. All proposals must include a minimum
of 10% local cost share for each of the three years of an approved project.
Eligible organizations are state agencies, local governments, educational
institutions, and non-profit organizations. Eligible, non-governmental organizations
are subject to a pre-award audit prior to any grant execution.
Organizations interested in submitting a proposal other than one of the
eight projects above should follow the proposal instructions at:
www.dot.state.tx.us/trafficsafety/grants/webrfpmenu.htm.
Project Proposals
: Organizations are responsible
for insuring they use the appropriate proposal forms. All proposals must be
submitted on TxDOT Form 1851 with appropriate attachments, with the problem
identification, solution, objectives, performance measures, and targets as
listed on the Traffic Safety Webpage. Proposals on obsolete or incorrect forms
will not be scored and will thus be excluded from the FY06 HSP. Current project
proposal application forms and instructions, scoring criteria, and other related
documents are available at the TxDOT internet site:
www.dot.state.tx.us/trafficsafety/grants/webrfpmenu.htm
or upon request by contacting the Traffic Operations Division, Traffic
Safety Section, attention Mr. Bill Strawn at (512) 416-2613. State Program
Manager contact information may be found at:
www.dot.state.tx.us/trafficsafety/contact/contact.htm.
Proposals must be sent directly to Terry Pence, Traffic Operations Division,
Texas Department of Transportation, 125 East 11th Street, Austin, Texas 78701-2483.
Proposals must be received by TxDOT no later than 5 p.m., February 16, 2005.
Project Selection Process
: The selection
of individual projects is based on the cost of the proposal, the qualifications
of the key staff members, the organization, and the demonstrated ability and
experience of the organization as shown in the proposal. Traffic safety managers
will review and evaluate each proposal against a number of selected criteria,
including a time-framed action plan; cost and cost eligibility; percent of
matching funding proposed; a reasonable and necessary budget; and ability
to meet the problem solution. Separate documents with information pertaining
to the submitting agency's qualifications, commitment, availability of external
resources, task force associations, or previous traffic safety or related
experience may also be included with the proposal. Failure to follow the above
requirements may disqualify your proposal from the scoring process. Any questions
regarding your proposal should be directed via email to Mr. Bill Strawn at
wstrawn@dot.state.tx.us.
Selected proposals will be recommended for inclusion in the Texas HSP expected
to begin in federal fiscal year 2006 (October 1, 2005). Proposals selected
for inclusion in the FY 2006 HSP become cost reimbursable grant-in-aid agreements.
All information resource-related activities will be subject to TxDOT information
resource procurement procedures. Federal and state grant funds cannot be used
for lobbying.
HSP Review and Approval
: The HSP will be
submitted to the Texas Transportation Commission for approval. Upon approval,
the HSP is submitted to the Governor's Office and forwarded to the federal
government for review and comment.
HSP Implementation
: The HSP becomes operational
on October 1 of every year if federal appropriations allow. Funds are to be
used to support state problem identification, planning and implementation
of a traffic safety program to reduce crashes, deaths, and injuries on Texas
roadways. The traffic safety program is designed to implement worthwhile projects
where costs will be assumed by the sponsoring agency. Proposals must be for
three years duration for these eight projects. Funding may be awarded for
one to three grant years, based on available federal grant funds. "Supplanting"
of local or state funds with federal funds to support personnel or an activity
that is already active is prohibited.
HSP Program Areas and Goals
: Submitted proposals
must comply with the goals and strategies outlined in the draft FY06 performance
measures chart at:
www.dot.state.tx.us/trafficsafety/grants/webrfpmenu.htm.
The chart is also available from the responsible Traffic Safety Program
Manager in the Traffic Operations Division.
Authority and Responsibility
: The traffic
safety grant program derives from the National Highway Safety Act of 1966
(23 USC §401, et seq.), and the Texas Traffic Safety Act of 1967 (Transportation
Code, Chapter 723). An integral part of the Texas Department of Transportation
and working through the department's 25 districts for local projects, the
program is administered at the state level by the department's Traffic Operations
Division. The executive director of TxDOT is the designated Governor's Highway
Safety Representative.
TRD-200500008
Bob Jackson
Deputy General Counsel
Texas Department of Transportation
Filed: January 3, 2005
Competitive Sealed Proposal (RFP) Notice--Texas State Veterans Nursing Home--Amarillo
Proposals for this project will be received until
3:00 P.M., February 8, 2005, at the Texas General Land Office, 1700 North
Congress Ave., Stephen F. Austin Bldg., B-30 Austin, Texas 78701.
See
the RFP for other delivery choices.
Plans and specifications may be obtained from Graeber Simmons & Cowan,
400 Bowie Street, Austin, Texas 78703. Contact: Ed Richburg Voice: 512.477.9417,
Fax: 512.477.9675, for a deposit of $250.00, refundable upon return of a complete,
unmarked set(s).
A mandatory (must attend and sign in) Pre-Proposal Conference will be held
at the Texas General Land Office, Stephen F. Austin Bldg., Large Conference
Room - 9th floor, 1700 N Congress Ave., Austin, Texas 78701, at 1:30 P.M.,
January 20, 2005. The VLB will reject Proposals submitted by firms that did
not attend the mandatory Pre-Proposal Conference.
Only Proposal submitted in accordance with RFP will be accepted. The RFP
may be obtained after January 5, 2005, by faxing a request to Debby French
@ 512.463.1795 or e-mailing debby.french@glo.state.tx.us or through the Electronic
State Business Daily at:
http://esbd.thpc.state.tx.us/1380/sagency.cfm
NOTE: Please Search under Agency Code 305 (Texas
General Land Office)
No oral explanation in regard to the meaning of the drawings and specifications
will be made and no oral instructions will be given before the award of the
Contract. Discrepancies, omissions or doubts as to the meaning of drawings
and specifications and all communications concerning the project shall be
communicated in writing to Debby French (Fax) 512.463.1795 or e-mail debby.french@glo.state.tx.us
for interpretation. Respondents should act promptly and allow sufficient time
for a reply to reach them before the submission of their Proposals. Any interpretation
made will be in the form of an addendum to the specifications, which will
be forwarded to all known Respondents and its receipt by the Respondents shall
be acknowledged on the face of the Addendum and returned with the Proposal.
Additionally, Respondents shall acknowledge receipt of all addenda on the
Contractor's Proposal Form in the spaces provided.
TRD-200500053
Larry L. Laine
Chief Clerk, Deputy Land Commissioner
Texas Veterans Land Board
Filed: January 5, 2005
Applications Received
Pursuant to the Texas Water Code, §6.195, the Texas Water Development
Board provides notice of the following applications received by the Board:
Brown County Water Improvement District No. 1, 501 East Baker, Brownwood,
Texas, 76801-7209, received December 6, 2004, application for financial assistance
in the amount of $24,405,000 from the Drinking Water State Revolving Fund.
Inverness Forest Improvement District, c/o The GMS Group, L.L.C., 5075
Westheimer, Suite 1175, Houston, Texas, 77056-5606, received December 27,
2004, application for financial assistance in the amount of $3,330,000 from
the Texas Water Development Funds.
City of Palestine, 504 North Queen Street, Palestine, Texas, 75801, received
December 1, 2004, application for financial assistance in the amount of $4,665,000
from the Clean Water State Revolving Fund.
San Antonio Water System, on behalf of the City of San Antonio, 1001 East
Market Street, San Antonio, Texas, 78298-2449, received December 2, 2004,
application for financial assistance in the amount of $56,000,000 from the
Clean Water State Revolving Fund.
TRD-200500044
Suzanne Schwartz
General Counsel
Texas Water Development Board
Filed: January 5, 2005
Texas Building and Procurement Commission
Coastal Coordination Council
Comptroller of Public Accounts
Notice of Request for Information
Notice of Withdrawal of Request for Proposals
Office of Consumer Credit Commissioner
Office of Court Administration
Texas Education Agency
Texas Commission on Environmental Quality
Notice of a Public Hearing on Proposed Substitutions to Certain Transportation Control Measures Contained in the Houston/Galveston/Brazoria Metropolitan Area State Implementation Plan
Notice of District Petition
Notice of Opportunity to Comment on Settlement Agreements of Administrative Enforcement Actions
Notice of Water Quality Applications
Notice of Water Rights Application
Proposed Enforcement Orders
Department of State Health Services
Notice of Administrative Renewal of the Radioactive Material License of Waste Control Specialists, LLC
Notice of Agreed Order with Imaging and Medical Diagnostic Specialists, P.A., dba Central Imaging of Arlington
Notice of Preliminary Report for Assessment of Administrative Penalties and Notice of Violation on Memorial Hermann Healthcare System, dba Hermann Breast Center
Public Notice Statement to Revise the Existing Statewide Certificate of Death Document
Texas Higher Education Coordinating Board
Houston-Galveston Area Council
Texas Department of Insurance
Notice of Public Hearing
Texas Lottery Commission
Instant Game Number 529 "Wheel of Fortune"
Instant Game Number 536 "Giant Jumbo Bucks"
North Central Texas Council of Governments
Panhandle Regional Planning Commission
Public Utility Commission of Texas
Notice of Application to Amend Certificated Service Area Boundaries
Notice of Petition for Declaratory Order
Texas A&M University, Board of Regents
Texas Department of Transportation
Request for Proposal for Aviation Engineering Services--Livingston Municipal Airport
Request for Proposals--Highway Safety Plan
Texas Veterans Land Board
Texas Water Development Board
Texas Workers' Compensation Commission