Texas Building and Procurement Commission
Request for Proposal
The Texas Building and Procurement Commission (TBPC), on behalf of the
Texas Parks and Wildlife Department, announces the issuance of Request for
Proposals (RFP) #303-7-10037. TBPC seeks a 10 year lease of approximately
15,291 square feet of lease space in the Bryan area, Brazos County, Texas.
The deadline for questions is August 9, 2006, and the deadline for proposals
is August 21, 2006 at 3:00 PM. The award date is September 15, 2006. TBPC
reserves the right to accept or reject any or all proposals submitted. TBPC
is under no legal or other obligation to execute a lease on the basis of this
notice or the distribution of a RFP. Neither this notice nor the RFP commits
TBPC to pay for any costs incurred prior to the award of a grant.
Parties interested in submitting a proposal may obtain information by contacting
TBPC Purchaser Myra Beer at (512) 463-5773. A copy of the RFP may be downloaded
from the
Electronic State Business Daily
at
http://esbd.tbpc.state.tx.us/1380/bid_show.cfm?bidid=66113.
TRD-200603921
Ingrid K. Hansen
General Counsel
Texas Building and Procurement Commission
Filed: July 26, 2006
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 July 14, 2006,
through July 20, 2006. 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 July 26, 2006. The public comment
period for these projects will close at 5:00 p.m. on August 25, 2006.
FEDERAL AGENCY ACTIONS:
Applicant: Harry C Schultz Jr.
; Location:
The project is located in Offatts Bayou, at 7909 Broadway, in Galveston, Galveston
County, Texas. The project can be located on the U.S.G.S. quadrangle map entitled:
Galveston, Texas. Approximate UTM Coordinates in NAD 27 (meters): Zone 15;
Easting: 319468; Northing: 3240730. Project Description: The applicant proposes
to construct a commercial marina. One 448-square-foot main pier will extend
out to a 2,640-square-foot main walkway. Twenty, 248-square-foot finger piers
will extend from two, 2,688-square-foot access piers. A central pier and breakwater,
totaling 6,688 square feet, is also included. In addition, the applicant proposes
to mechanically dredge 2,200 cubic yards of material from an area at the northeast
side of the project site. Material will be placed in an upland area onsite.
Current depths along the project site range from -2.5 feet below mean high
water at the start of the proposed fixed pier, to -20.0 feet at the terminus
of the proposed project. The applicant proposes to dredge to a uniform depth
of -5.0 feet below mean high water at the start of the proposed fixed pier.
A bulkhead was also proposed. However, because it was proposed to be constructed
above the High Tide Line, the bulkhead is not subject to our jurisdiction
and, as such, does not require a permit. CCC Project No.: 06-0349-F1; Type
of Application: U.S.A.C.E. permit application #24139 is being evaluated under §10
of the Rivers and Harbors Act of 1899 (33 U.S.C.A. §403).
Pursuant to §306(d)(14) of the Coastal Zone Management Act of 1972
(16 U.S.C.A. §§1451-1464), as amended, interested parties are invited
to submit comments on whether a proposed action is or is not consistent with
the Texas Coastal Management Program goals and policies and whether the action
should be referred to the Coastal Coordination Council for review.
Further information on the applications listed above may be obtained from
Ms. Tammy Brooks, Consistency Review Coordinator, Coastal Coordination Council,
P.O. Box 12873, Austin, Texas 78711-2873, or tammy.brooks@glo.state.tx.us.
Comments should be sent to Ms. Brooks at the above address or by fax at (512)
475-0680.
TRD-200603903
Larry L. Laine
Chief Clerk/Deputy Land Commissioner
Coastal Coordination Council
Filed: July 24, 2006
Notice of Contract Award
Pursuant to Chapters 403 and 2156, Texas Government Code, the Comptroller
of Public Accounts (Comptroller) announces the following contract awards:
The notice of request for proposals was published in the February 17, 2006,
issue of the
Texas Register
(31 TexReg 1077)
(RFP #175i).
The contractors will provide large capital growth investment management
services for the Texas Prepaid Higher Education Tuition Board.
Two (2) contracts were awarded as follows: 1. Chase Investment Counsel
Corporation, 300 Preston Avenue, Suite 403, Charlottesville, VA 22902-5091.
The total amount of the contract is based on the fair market value of assets
invested. The term of the contract is July 11, 2006 through August 31, 2011,
with option for 2 additional 1-year renewals; and 2. Wells Capital Management,
Inc., 525 Market Street, 10th Floor, San Francisco, CA 94104. The total amount
of the contract is based on the fair market value of assets invested. The
term of the contract is July 19, 2006 through August 31, 2011, with option
for 2 additional l-year renewals.
TRD-200603923
Pamela Smith
Deputy General Counsel, Contracts
Comptroller of Public Accounts
Filed: July 26, 2006
Notice of Rate Ceilings
The Consumer Credit Commissioner of Texas has ascertained the following
rate ceilings by use of the formulas and methods described in §§303.003,
303.005, and 303.009, Tex. Fin. Code.
The weekly ceiling as prescribed by §303.003 and §303.009 for
the period of 07/31/06 - 08/06/06 is 18% for Consumer
1
/Agricultural/Commercial
2
/credit thru
$250,000.
The weekly ceiling as prescribed by §303.003 and §303.009 for
the period of 07/31/06 - 08/06/06 is 18% for Commercial over $250,000.
The monthly ceiling as prescribed by §303.005
3
for the period of 08/01/06 - 08/31/06 is 18% for Consumer/Agricultural/Commercial/credit
thru $250,000.
The monthly ceiling as prescribed by §303.005 for the period of 08/01/06
- 08/31/06 is 18% for Commercial over $250,000.
1
Credit for personal, family or household
use.
2
Credit for business, commercial, investment
or other similar purpose.
3
For variable rate commercial transactions
only.
TRD-200603906
Leslie L. Pettijohn
Commissioner
Office of Consumer Credit Commissioner
Filed: July 25, 2006
Request for Applications Concerning Public Senior College/University Open-Enrollment Charter Guidelines and Application
Eligible Applicants. The Texas Education Agency (TEA) is requesting applications
under Request for Applications (RFA) #701-06-022 from eligible entities to
operate open-enrollment charter schools. Eligible entities are limited to
Texas public senior colleges and universities.
Description. The purpose of an open-enrollment charter is to provide an
alternative avenue for restructuring schools. An open-enrollment charter offers
flexibility and choice for educators, parents, and students. A public senior
college or university open-enrollment charter school may operate on the campus
of the public senior college or university or in the same county in which
the campus of the public senior college or university is located.
An open-enrollment charter school will provide instruction to students
at one or more elementary or secondary grade level(s) as provided by the charter.
It is governed under the specifications of the charter and retains authority
to operate for the term of the charter contingent on satisfactory student
performance as defined by the state accountability system. An open-enrollment
charter school does not have the authority to impose taxes.
An open-enrollment charter school is subject to federal laws and certain
state laws governing public schools, including laws and rules relating to
a criminal offense, requirements relating to the Public Education Information
Management System, criminal history records, high school graduation, special
education programs, bilingual education, prekindergarten programs, extracurricular
activities, health and safety provisions, and public school accountability.
As stated in the Texas Education Code (TEC), §12.156, in matters related
to operation of an open-enrollment charter school, an open-enrollment charter
school is immune from liability to the same extent as a school district, and
its employees and volunteers are immune from liability to the same extent
as school district employees and volunteers. A member of the governing body
of an open-enrollment charter school or of a charter holder is immune from
liability to the same extent as a school district trustee. An employee of
an open-enrollment charter school who qualifies for membership in the Teacher
Retirement System of Texas shall be covered under the system to the same extent
a qualified employee of a school district is covered.
Dates of Project. Completed applications can be received by the TEA Document
Control Center at 1701 N. Congress Avenue, Austin, Texas, 78701-1494, Room
6-108, at any time.
Project Amount. TEC, §12.106(a), states that a charter holder is entitled
to receive funding for the open-enrollment charter school under Chapter 42
as if the school were a school district without a tier one local share for
purposes of §42.253 and without any local revenue for purposes of §42.302.
In determining funding for an open-enrollment charter school, adjustments
under §§42.102, 42.103, 42.104, and 42.105 and the district enrichment
tax rate under §42.302 are based on the average adjustment and average
district enrichment tax rate for the state. TEC, §12.106(b), states that
an open-enrollment charter school is entitled to funds that are available
to school districts from the agency or the commissioner in the form of grants
or other discretionary funding unless the statute authorizing the funding
explicitly provides that open-enrollment charter schools are not entitled
to the funding. An open-enrollment charter school may not charge tuition.
An open-enrollment charter school must prohibit discrimination in admission
policy on the basis of sex; national origin; ethnicity; religion; disability;
academic, artistic, or athletic ability; or the district the child would otherwise
attend. However, a charter school that specializes in the performing arts
may require a student to demonstrate artistic ability and may require an applicant
to audition. To be eligible for certain federal funding, the charter must
admit students on the basis of a lottery if more students apply than can be
admitted. The charter may provide for the exclusion of a student who has a
documented history of a criminal offense, a juvenile court adjudication, or
a discipline problem under TEC, Chapter 37, Subchapter A.
Selection Criteria. A complete description of selection criteria is included
in the RFA.
The State Board of Education (SBOE) may approve open-enrollment charter
schools as provided in TEC, §12.101 and §12.152. There is a cap
of 215 charters approved under TEC, §12.101, and no cap on the number
of charters approved under TEC, §12.152.
The SBOE will consider Statements of Impact from any school district whose
enrollment is likely to be affected by the open-enrollment charter school.
Requesting the Application. An application must be submitted under SBOE
guidelines to be considered. A complete copy of the publication
Public Senior College/University Open-Enrollment Charter Guidelines and Application
(RFA #701-06-022), which includes an application and procedures, may
be obtained by writing the Division of Charter Schools, Room 5-107, Texas
Education Agency, William B. Travis Building, 1701 N. Congress Avenue, Austin,
Texas, 78701-1494, by calling (512) 463-9575, or at http://www.tea.state.tx.us/charter/rfas/rfascharter.htm.
Further Information. For clarifying information about the public senior
college/university open- enrollment charter school application, contact Mary
Perry, Division of Charter Schools, Texas Education Agency, at (512) 463-9575
or mary.perry@tea.state.tx.us.
TRD-200603915
Cristina De La Fuente-Valadez
Director, Policy Coordination
Texas Education Agency
Filed: July 26, 2006
Agreed Orders
The Texas Commission on Environmental Quality (TCEQ or commission) staff
is providing an opportunity for written public comment on the listed Agreed
Orders (AOs) in accordance with Texas Water Code (the Code), §7.075.
Section 7.075 requires that before the commission may approve the AOs, the
commission shall allow the public an opportunity to submit written comments
on the proposed AOs. Section 7.075 requires that notice of the proposed orders
and the opportunity to comment must be published in the
Texas Register
no later than the 30th day before the date on which
the public comment period closes, which in this case is
September 5, 2006
. Section 7.075 also requires that the commission
promptly consider any written comments received and that the commission may
withdraw or withhold approval of an AO if a comment discloses facts or considerations
that indicate that consent is inappropriate, improper, inadequate, or inconsistent
with the requirements of the statutes and rules within the commission's jurisdiction
or the commission's orders and permits issued in accordance with the commission's
regulatory authority. Additional notice of changes to a proposed AO is not
required to be published if those changes are made in response to written
comments.
A copy of each proposed AO is available for public inspection at both the
commission's central office, located at 12100 Park 35 Circle, Building C,
1st Floor, Austin, Texas 78753, (512) 239-1864 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 September 5, 2006
. Written comments may also
be sent by facsimile machine to the enforcement coordinator at (512) 239-2550.
The commission enforcement coordinators are available to discuss the AOs and/or
the comment procedure at the listed phone numbers; however, §7.075 provides
that comments on the AOs shall be submitted to the commission in
writing
.
(1) COMPANY: Agrifos Fertilizer Inc.; DOCKET NUMBER: 2006-0315-IWD-E; IDENTIFIER:
Regulated Entity Reference Number (RN) RN101621944; LOCATION: Pasadena, Harris
County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1),
Texas Pollutant Discharge Elimination System (TPDES) Permit Number WQ0000649000,
Outfall 001A, Effluent Limitations and Monitoring Requirements, and the Texas
Water Code (the Code), §26.121(a), by failing to comply with permit effluent
limits for total copper; PENALTY: $5,740; ENFORCEMENT COORDINATOR: Michael
Limos, (512) 239-5839; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston,
Texas 77023-1486, (713) 767-3500.
(2) COMPANY: Rahim Ali Maknojia dba All Seasons Food Store; DOCKET NUMBER:
2006-0475-PST-E; IDENTIFIER: RN101273738; LOCATION: Houston, Harris County,
Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline;
RULE VIOLATED: 30 TAC §334.10(b), by failing to make available legible
copies of all required underground storage tank (UST) records for inspection;
30 TAC §334.48(c), by failing to conduct effective manual or automatic
inventory control procedures for all USTs; and 30 TAC §115.246(3) and
(5) and Texas Health & Safety Code (THSC), §382.085(b), by failing
to maintain all required Stage II records at the station and make them immediately
available for review; PENALTY: $2,938; ENFORCEMENT COORDINATOR: Shontay Wilcher,
(512) 239-2136; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas
77023-1486, (713) 767-3500.
(3) COMPANY: Shobhana Patel dba Bear Food Mart; DOCKET NUMBER: 2006-0358-PST-E;
IDENTIFIER: RN102447844; LOCATION: Waco, McLennan County, Texas; TYPE OF FACILITY:
convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.50(a)(1)(A)
and the Code, §26.3475(c)(1), by failing to provide a method of release
detection capable of detecting a release from any portion of the UST system;
30 TAC §334.10(b), by failing to maintain UST records and make them immediately
available for inspection; and 30 TAC §334.8(c)(5)(C), by failing to ensure
that a legible tag, label, or marking with the UST identification number is
permanently applied upon or affixed to either the top of the fill tube or
to a nonremovable point in the immediate area of the fill tube; PENALTY: $2,880;
ENFORCEMENT COORDINATOR: Rajesh Acharya, (512) 239-0577; REGIONAL OFFICE:
6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.
(4) COMPANY: City of Bremond; DOCKET NUMBER: 2005-0686-MWD-E; IDENTIFIER:
RN101720910; LOCATION: Bremond, Robertson County, Texas; TYPE OF FACILITY:
wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1) and (17), TPDES
Permit Number WQ0010917001, Interim Effluent Limitations and Monitoring Requirements
Number 1 and Sludge Provisions, and the Code, §26.121(a), by failing
to comply with the permitted effluent limits for ammonia nitrogen (NH
(5) COMPANY: Central Transport International, Inc.; DOCKET NUMBER: 2006-0360-WQ-E;
IDENTIFIER: RN103898995; LOCATION: Laredo, Webb County, Texas; TYPE OF FACILITY:
transportation; RULE VIOLATED: 30 TAC §281.25(a)(4), TPDES General Permit
Number TXR050000, Part III.A.1.(a), III.A.5.(b)(7) and (g), III.A.7.(b), III.D.1.(b),
and III.E.3.(e)(2), and 40 Code of Federal Regulations (CFR) §122.26(c),
by failing to maintain at the facility and have readily available for review
a copy of the storm water pollution plan developed according to the requirements
of TPDES General Permit Number TXR050000, by failing to maintain at the facility
and have readily available for review an inventory of spill cleanup materials
and equipment, by failing to conduct periodic inspections once per quarter
in all four quarters of 2005, by failing to conduct an annual comprehensive
site compliance evaluation, by failing to obtain a monitoring exclusion or
conduct annual hazardous metals monitoring, and by failing to retain records
and reports at the facility and have them readily available for review; and
30 TAC §205.6 and the Code, §5.702, by failing to pay the general
permit storm water fees; PENALTY: $6,804; ENFORCEMENT COORDINATOR: Brent Hurta,
(512) 239-6589; REGIONAL OFFICE: 1403 Seymour, Suite 2, Laredo, Texas 78040-8752,
(956) 791-6611.
(6) COMPANY: ExxonMobil Chemical Company; DOCKET NUMBER: 2006-0393-AIR-E;
IDENTIFIER: RN102574803; LOCATION: Baytown, Harris County, Texas; TYPE OF
FACILITY: chemical company; RULE VIOLATED: 30 TAC §116.115(c) and §116.715(a),
TCEQ Flexible Air Permit Number 20211, Special Condition Number 1, TCEQ Air
Permit Number 28441, Special Condition Number 1, and THSC, §382.085(b),
by failing to prevent unauthorized emissions; PENALTY: $20,000; ENFORCEMENT
COORDINATOR: John Muennink, (361) 825-3423; REGIONAL OFFICE: 5425 Polk Avenue,
Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(7) COMPANY: ISP Synthetic Elastomers LP; DOCKET NUMBER: 2006-0422-AIR-E;
IDENTIFIER: RN100224799; LOCATION: Port Neches, Jefferson County, Texas; TYPE
OF FACILITY: styrene butadiene rubber manufacturing; RULE VIOLATED: 30 TAC §116.115(b)(2)(F)
and (c), Permit Number 74010, Special Condition 1, and THSC, §382.085(b),
by failing to comply with permitted nitrogen oxide and volatile organic compound
emission limits; PENALTY: $5,160; ENFORCEMENT COORDINATOR: Daniel Siringi,
(409) 898-3838; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892,
(409) 898-3838.
(8) COMPANY: Kaufman County Fresh Water Supply District Number 1A; DOCKET
NUMBER: 2005-1116-MWD-E; IDENTIFIER: RN102334638; LOCATION: Forney, Kaufman
County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1),
TPDES Permit Number 13910001, Interim Effluent Limitations and Monitoring
Requirements Number 1, and the Code, §26.121(a), by failing to comply
with permitted effluent limits for total suspended solids, NH
3
N, five-day carbonaceous biochemical oxygen demand, and DO; PENALTY:
$65,280; ENFORCEMENT COORDINATOR: Laurie Eaves, (512) 239-4495; REGIONAL OFFICE:
2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(9) COMPANY: Hossein Lahiji dba Lahiji Urology Center; DOCKET NUMBER: 2006-0458-MSW-E;
IDENTIFIER: RN104890397; LOCATION: McAllen, Hidalgo County, Texas; TYPE OF
FACILITY: urology clinic; RULE VIOLATED: 30 TAC §330.1207(a) and (b)(3),
and §330.1219(b) (formerly 30 TAC §330.1004(b), (c)(5), and (h)(4)),
by failing to identify and segregate medical waste from ordinary garbage and
provide for the appropriate disposal of treated and untreated medical waste,
and by failing to maintain a file of receipts for shipments of medical waste;
PENALTY: $1,600; ENFORCEMENT COORDINATOR: Michael Limos, (512) 239-5839; REGIONAL
OFFICE: 1804 West Jefferson Avenue, Harlingen, Texas 78550-5247, (956) 425-6010.
(10) COMPANY: William A. Ansley, Jr. dba Lone Star Cleaning & Laundry;
DOCKET NUMBER: 2006-0667-DCL-E; IDENTIFIER: RN100602705; LOCATION: Wharton,
Wharton County, Texas; TYPE OF FACILITY: dry cleaner; RULE VIOLATED: 30 TAC §337.10(a)
and THSC, §374.102(a), by failing to complete and submit the required
registration form for the facility; PENALTY: $948; ENFORCEMENT COORDINATOR:
Audra Ruble, (361) 825-3100; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston,
Texas 77023-1486, (713) 767-3500.
(11) COMPANY: Longhorn Excavators, Inc.; DOCKET NUMBER: 2006-0698-WQ-E;
IDENTIFIER: RN104958699; LOCATION: Port Aransas, Nueces County, Texas; TYPE
OF FACILITY: construction site; RULE VIOLATED: 30 TAC §281.25(a)(4) and
40 CFR §122.26, by failing to obtain authorization to discharge storm
water associated with construction activities; PENALTY: $720; ENFORCEMENT
COORDINATOR: Carolyn Lind, (903) 535-5100; REGIONAL OFFICE: 6300 Ocean Drive,
Suite 1200, Corpus Christi, Texas 78412-5503, (361) 825-3100.
(12) COMPANY: Umar Bhatti Ltd. dba One Stop Food Store 2; DOCKET NUMBER:
2006-0257-PST-E; IDENTIFIER: RN101557809; LOCATION: Irving, Dallas County,
Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline;
RULE VIOLATED: 30 TAC §334.49(c)(4) and the Code, §26.3475(d), by
failing to inspect and test the cathodic protection system for operability
and adequacy of protection; 30 TAC §334.50(b)(1)(A) and the Code, §26.3475(c)(1),
by failing to monitor USTs for releases; 30 TAC §334.45(c)(3)(A), by
failing to properly install and maintain a secure anchor at the base of each
UL-listed emergency shutoff valve in a piping system; 30 TAC §334.51(b)(2)(B)(i)
and the Code, §26.3475(c)(2), by failing to ensure that a spill containment
device is designed to prevent the release of regulated substances to the environment;
and 30 TAC §334.48(a), by failing to prevent an unauthorized discharge
of hydrocarbons; PENALTY: $11,520; ENFORCEMENT COORDINATOR: Shontay Wilcher,
(512) 239-2136; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951,
(817) 588-5800.
(13) COMPANY: U.S. Denro Steels, Inc.; DOCKET NUMBER: 2006-0456-IWD-E;
IDENTIFIER: RN100217421; LOCATION: Baytown, Chambers County, Texas; TYPE OF
FACILITY: steel works; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit
Number WQ0001332000, Effluent Limits and Monitoring Requirements Number 1,
and the Code, §26.121(a), by failing to comply with permitted effluent
limits for nickel; PENALTY: $13,860; ENFORCEMENT COORDINATOR: Carolyn Lind,
(903) 535-5100; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas
77023-1486, (713) 767-3500.
(14) COMPANY: Vanity Homes, LLC; DOCKET NUMBER: 2006-0413-WQ-E; IDENTIFIER:
RN104915236; LOCATION: Montgomery County, Texas; TYPE OF FACILITY: construction
site; RULE VIOLATED: 30 TAC §281.25(a)(4) and 40 CFR §122.26(c),
by failing to obtain authorization to discharge storm water associated with
construction activities; PENALTY: $2,160; ENFORCEMENT COORDINATOR: Merrilee
Hupp, (512) 239-4490; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston,
Texas 77023-1486, (713) 767-3500.
(15) COMPANY: Wadsworth Golf Construction Company of the Midwest; DOCKET
NUMBER: 2006-0712-WQ-E; IDENTIFIER: RN104959515; LOCATION: Port Aransas, Nueces
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 construction activities; PENALTY: $720; ENFORCEMENT
COORDINATOR: Libby Hogue, (512) 239-1165; REGIONAL OFFICE: 6300 Ocean Drive,
Suite 1200, Corpus Christi, Texas 78412-5503, (361) 825-3100.
(16) COMPANY: Willie De Hoyos dba WD Septic; DOCKET NUMBER: 2006-0604-SLG-E;
IDENTIFIER: RN103150082; LOCATION: Wilson County, Texas; TYPE OF FACILITY:
sludge transportation operation; RULE VIOLATED: 30 TAC §312.143 and the
Code, §26.121(a), by failing to deposit wastes at a facility designated
by or acceptable to the generator where the owner or operator of the facility
agrees to receive the waste and the (Texas) facility has written authorization
by permit or registration issued by the executive director to receive the
waste; PENALTY: $1,440; ENFORCEMENT COORDINATOR: Brian Lehmkuhle, (512) 239-4482;
REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.
(17) COMPANY: City of Weatherford; DOCKET NUMBER: 2006-0070-WQ-E; IDENTIFIER:
RN101614055; LOCATION: Weatherford, Parker County, Texas; TYPE OF FACILITY:
wastewater treatment; RULE VIOLATED: the Code, §26.121(a)(1), by failing
to prevent an unauthorized discharge of wastewater; PENALTY: $8,700; ENFORCEMENT
COORDINATOR: Pamela Campbell, (512) 239-4493; REGIONAL OFFICE: 2301 Gravel
Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(18) COMPANY: City of Weslaco; DOCKET NUMBER: 2005-0513-PST-E; IDENTIFIER:
RN101688984; LOCATION: Weslaco, Hidalgo County, Texas; TYPE OF FACILITY: vehicle
fleet refueling; RULE VIOLATED: 30 TAC §334.50(a)(1)(A), (b)(1)(A), and
(d)(1)(B)(iii)(I), and the Code, §26.3475(a) and (c)(1), by failing to
have a release detection method capable of detecting a release from any portion
of the UST system, by failing to ensure that all tanks are monitored for releases,
and by failing to conduct inventory control; and 30 TAC §334.7(d)(3),
by failing to amend, update, or change registration information; PENALTY:
$3,142; ENFORCEMENT COORDINATOR: Edward Moderow, (512) 239-2680; REGIONAL
OFFICE: 1804 West Jefferson Avenue, Harlingen, Texas 78550-5247, (956) 425-6010.
(19) COMPANY: City of West Tawakoni; DOCKET NUMBER: 2004-0220-PWS-E; IDENTIFIER:
RN101423671; LOCATION: West Tawakoni, Hunt County, Texas; TYPE OF FACILITY:
public water supply; RULE VIOLATED: 30 TAC §290.46(e)(6)(B), (m), (m)(l),
(n)(2), (s)(2)(B)(iii) and (iv), and (C)(i) and (ii), and THSC, §341.033(a),
by failing to employ at least two properly licensed operators, by failing
to initiate a maintenance program, by failing to conduct inspections of ground
and elevated storage tanks, by failing to make available an accurate and up-to-date
map of the distribution system, by failing to calibrate on-line turbidimeters
with primary standards, by failing to verify calibration of the on-line turbidimeters,
by failing to calibrate the continuous disinfectant residual analyzers using
chlorine solutions, and by failing to verify the accuracy of the manual disinfectant
residual analyzers; 30 TAC §290.110(b)(4), by failing to maintain the
residual disinfectant concentration in the far reaches of the distribution
system; 30 TAC §290.41(e)(3)(C), by failing to adequately maintain an
intruder-resistant fence; and 30 TAC §290.42(a), (d)(6)(C), (d)(11)(D)(i),
and (d)(13), by failing to provide sufficient treatment plant capacity to
accommodate the maximum daily usage of the system, by failing to label the
caustic storage tank, by failing to provide rate of flow controllers on each
filter, and by failing to properly identify the influent, effluent, waste
backwash, and chemical feedlines; PENALTY: $13,685; ENFORCEMENT COORDINATOR:
Laurie Eaves, (512) 239-4495; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth,
Texas 76118-6951, (817) 588-5800.
(20) COMPANY: Williams Field Services Group, LLC; DOCKET NUMBER: 2006-0497-AIR-E;
IDENTIFIER: RN100906155; LOCATION: Texas City, Galveston County, Texas; TYPE
OF FACILITY: pipeline company; RULE VIOLATED: 30 TAC §111.111(a)(4)(A)(ii)
and THSC, §382.085(b), by failing to record at least 98% of the required
daily flare observations in the daily flare operation log; PENALTY: $952;
ENFORCEMENT COORDINATOR: Sherronda Martin, (713) 767-3500; REGIONAL OFFICE:
5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
TRD-200603904
Mary R. Risner
Director, Litigation Division
Texas Commission on Environmental Quality
Filed: July 25, 2006
A default order was entered regarding Mohammad N. Qureshi dba HAH Gas Mart,
Docket No. 2002-0970-PST-E on 07/14/2006 assessing $3,750 in administrative
penalties.
Information concerning any aspect of this order may be obtained by contacting
Lena Roberts, Staff Attorney at (512) 239-0019, Texas Commission on Environmental
Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Robert McAdams dba Crossroads Mercantile,
Docket No. 2003-1035-PST-E on 07/13/2006 assessing $4,050 in administrative
penalties.
Information concerning any aspect of this order may be obtained by contacting
Kari Gilbreth, Staff Attorney at (512) 239-1320, Texas Commission on Environmental
Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding USS Tubular Processing, Inc. dba
Delta Tubular Processing, L.P. Docket No. 2003-1564-IWD-E on 07/13/2006 assessing
$11,520 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Tel Croston, Enforcement Coordinator at (512) 239-5717, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding City of Texline, Docket No. 2003-1242-MWD-E
on 07/05/2006 assessing $5,850 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Alfred Okpohworho, Staff Attorney at (713) 422-8918, Texas Commission on
Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Saniha & Associates, Inc. dba
Brothers Future Food Mart, Docket No. 2003-1249-PST-E on 07/05/2006 assessing
$15,600 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Amie Richardson, Staff Attorney at (512) 239-2999, Texas Commission on Environmental
Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Waste Management of Texas, Inc.,
Docket No. 2003-0609-AIR-E on 07/05/2006 assessing $62,595 in administrative
penalties.
Information concerning any aspect of this order may be obtained by contacting
Rebecca Davis, Staff Attorney at (512) 239-5487, Texas Commission on Environmental
Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding City of Hillsboro, Docket No. 2003-0036-MWD-E
on 07/05/2006 assessing $15,900 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Michael Meyer, Enforcement Coordinator at (512) 239-4492, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Zulfigar K. Momin dba Hungerford
Supermarket 344, Docket No. 2003-0972-PST-E on 07/05/2006 assessing $4,200
in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Harvey Wilson, Enforcement Coordinator at (512) 239-0321, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Mohammad Salman dba Stop N Drive
1, Docket No. 2003-1156-PST-E on 07/05/2006 assessing $9,500 in administrative
penalties.
Information concerning any aspect of this order may be obtained by contacting
Alfred Okpohworho, Staff Attorney at (713) 422-8918, Texas Commission on
Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding City of Munday, Docket No. 2004-0156-MWD-E
on 07/13/2006 assessing $20,161 in administrative penalties with $4,032 deferred.
Information concerning any aspect of this order may be obtained by contacting
Pamela Campbell, Enforcement Coordinator at (512) 239-4493, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding N. H. Kim, Inc. dba Fast Stop Mart
a/k/a J. S. Kim, Inc. dba Fast Stop Mart Docket No. 2004-0293-PST-E on 07/05/2006
assessing $35,700 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Kari L. Gilbreth, Staff Attorney at (512) 239-1320, Texas Commission on Environmental
Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Brant-Sta, Inc. dba Wilmer Food Mart,
Docket No. 2004-0483-AIR-E on 07/05/2006 assessing $4,725 in administrative
penalties.
Information concerning any aspect of this order may be obtained by contacting
Terry Murphy, Enforcement Coordinator at (512) 239-5025, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Laredo Paving, Inc., Docket No. 2004-0508-AIR-E
on 07/05/2006 assessing $1,000 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Rachael Gaines, Staff Attorney at (512) 239-1877, Texas Commission on Environmental
Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Maverick Trucking Company, Inc.,
Docket No. 2004-0907-MSW-E on 07/05/2006 assessing $2,500 in administrative
penalties.
Information concerning any aspect of this order may be obtained by contacting
Kathleen C. Decker, Staff Attorney at (512) 239-6500, Texas Commission on
Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Harris County Municipal Utility District
No. 8, Docket No. 2004-0970-MWD-E on 07/05/2006 assessing $6,280 in administrative
penalties.
Information concerning any aspect of this order may be obtained by contacting
Amy Burgess, Enforcement Coordinator at (512) 239-2540, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Prater Equipment Co., Inc. dba PEC
Materials Reid Pit, Docket No. 2004-0911-WQ-E on 07/13/2006 assessing $8,000
in administrative penalties with $1,600 deferred.
Information concerning any aspect of this order may be obtained by contacting
Harvey Wilson, Enforcement Coordinator at (512) 239-0321, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Osburn Sand Co., Docket No. 2004-1062-WQ-E
on 07/13/2006 assessing $6,000 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Courtney St. Julian, Staff Attorney at (512) 239-0617, Texas Commission on
Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding US Ecology Texas L.P., Docket No.
2004-1146-MLM-E on 07/05/2006 assessing $138,320 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Audra Ruble, Enforcement Coordinator at (361) 825-3126, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding R & B Scobee's Mini Mart #3,
Inc. dba R & B Scobee's Mini Mart 3, Docket No. 2004-1160-PST-E on 07/05/2006
assessing $11,100 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Justin Lannen, Staff Attorney at (817) 588-5927, Texas Commission on Environmental
Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Jackie W. Davis, Executor, Estate
of Ola Faye Davis, Deceased, Docket No. 2004-1291-MSW-E on 07/13/2006 assessing
$13,625 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Kari Gilbreth, Staff Attorney at (512) 239-1320, Texas Commission on Environmental
Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Tanoli Enterprises, Inc. dba Super
Starr II, Docket No. 2004-1341-PST-E on 07/05/2006 assessing $7,600 in administrative
penalties.
Information concerning any aspect of this order may be obtained by contacting
Justin Lannen, Staff Attorney at (817) 588-5927, Texas Commission on Environmental
Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Marshall Pottery Inc., Docket No.
2004-1496-AIR-E on 07/13/2006 assessing $28,800 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Carolyn Lind, Enforcement Coordinator at (903) 535-5145, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
A default order was entered regarding Felipe Gutierrez dba Buffalo Drive
In Grocery, Docket No. 2004-2005-PST-E on 07/05/2006 assessing $2,140 in
administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Xavier Guerra, Staff Attorney at (210) 490-3096, Texas Commission on Environmental
Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Abed Brothers Corporation dba Texas
Meat Market, Docket No. 2004-2053-PST-E on 07/13/2006 assessing $4,050 in
administrative penalties with $810 deferred.
Information concerning any aspect of this order may be obtained by contacting
Joseph Daley, Enforcement Coordinator at (817) 588-5928, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding City of Kosse, Docket No. 2004-2115-MWD-E
on 07/13/2006 assessing $7,800 in administrative penalties with $1,560 deferred.
Information concerning any aspect of this order may be obtained by contacting
Joseph Daley, Enforcement Coordinator at (817) 588-5928, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Jacinto Enterprises, Inc. Siesta
Grocery, Docket No. 2005-0084-PST-E on 07/13/2006 assessing $13,125 in administrative
penalties.
Information concerning any aspect of this order may be obtained by contacting
Kari L. Gilbreth, Staff Attorney at (512) 239-1320, Texas Commission on Environmental
Quality, P.O. Box 13087, Austin, Texas 78711-3087.
A default order was entered regarding Z. A. O. Inc., Docket No. 2005-0341-PST-E
on 07/05/2006 assessing $18,850 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Xavier Guerra, Staff Attorney at (210) 490-3096, Texas Commission on Environmental
Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Colorado Fayette Medical Center,
Docket No. 2005-0384-PST-E on 07/05/2006 assessing $200 in administrative
penalties.
Information concerning any aspect of this order may be obtained by contacting
Amie Dutta Richardson, Staff Attorney at (512) 239-2999, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
A default order was entered regarding SESE LLC dba Pic N Go, Docket No.
2005-0437-PST-E on 07/13/2006 assessing $3,150 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Robert R. Mosley, Staff Attorney at (512) 239-0627, Texas Commission on Environmental
Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Bexar County, Docket No. 2005-0481-PWS-E
on 07/05/2006 assessing $1,188 in administrative.
Information concerning any aspect of this order may be obtained by contacting
Trina Grieco, Enforcement Coordinator at (210) 403-4006, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Sunoco, Inc. (R&M), Docket No.
2005-0794-AIR-E on 07/05/2006 assessing $3,614 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Laurencia Fasoyiro, Staff Attorney at (713) 422-8914, Texas Commission on
Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Orange County Water Control and
Improvement District No. 1, Docket No. 2005-0930-MWD-E on 07/05/2006 assessing
$28,425 in administrative penalties with $5,685 deferred.
Information concerning any aspect of this order may be obtained by contacting
Laurie Eaves, Enforcement Coordinator at (512) 239-4495, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Center Point Supply, Inc. dba Children's
Depot, Docket No. 2005-0931-PWS-E on 07/13/2006 assessing $9,595 in administrative
penalties.
Information concerning any aspect of this order may be obtained by contacting
Shana L. Horton, Staff Attorney at (512) 239-1088, Texas Commission on Environmental
Quality, P.O. Box 13087, Austin, Texas 78711-3087.
A default order was entered regarding BASN Corporation dba Swif T Store
21, Docket No. 2005-0950-PST-E on 07/13/2006 assessing $4,950 in administrative
penalties.
Information concerning any aspect of this order may be obtained by contacting
Robert R. Mosley, Staff Attorney at (512) 239-0627, Texas Commission on Environmental
Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Lone Star Crushed Stone and Sand,
Inc., Docket No. 2005-0997-WQ-E on 07/05/2006 assessing $15,504 in administrative
penalties.
Information concerning any aspect of this order may be obtained by contacting
Kathleen C. Decker, Staff Attorney at (512) 239-6500, Texas Commission on
Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Marcus Ivan Thomas, Docket No. 2005-1005-OSI-E
on 07/05/2006 assessing $1,000 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Lena Roberts, Staff Attorney at (512) 239-0019, Texas Commission on Environmental
Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding BP Products North America Inc., Docket
No. 2005-1027-AIR-E on 07/13/2006 assessing $22,268 in administrative penalties
with $4,454 deferred.
Information concerning any aspect of this order may be obtained by contacting
Samuel Short, Enforcement Coordinator at (512) 239-5363, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Donald Dragoo dba Union Hill Water
Corporation, Docket No. 2005-1070-PWS-E on 07/13/2006 assessing $500 in
administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Rachael Gaines, Staff Attorney at (512) 239-1877, Texas Commission on Environmental
Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Raymond Balderas, Docket No. 2005-1082-LII-E
on 07/05/2006 assessing $1,500 in administrative penalties with $300 deferred.
Information concerning any aspect of this order may be obtained by contacting
Trina Grieco, Enforcement Coordinator at (210) 403-4006, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Lisanti Realty Corporation dba Lisanti
Food Service, Docket No. 2005-0138-PST-E on 07/05/2006 assessing $950 in
administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Kari L. Gilbreth, Enforcement Coordinator at (512) 239-1320, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Eshetu Teklu dba Niyala Fina, Docket
No. 2005-1340-PST-E on 07/13/2006 assessing $7,360 in administrative penalties
with $1,472 deferred.
Information concerning any aspect of this order may be obtained by contacting
Deana Holland, Enforcement Coordinator at (512) 239-2504, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Noor Suteria dba M & S Kountry
Grocery, Docket No. 2005-1343-PST-E on 07/05/2006 assessing $14,000 in administrative
penalties with $2,800 deferred.
Information concerning any aspect of this order may be obtained by contacting
Audra L. Ruble, Enforcement Coordinator at (361) 825-3126, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Frontera Materials, Inc., Docket
No. 2005-1373-AIR-E on 07/13/2006 assessing $10,000 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Shannon Strong, Staff Attorney at (512) 239-0252, Texas Commission on Environmental
Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Zaval-Tex Construction Company, Docket
No. 2005-1380-PST-E on 07/13/2006 assessing $5,400 in administrative penalties
with $1,080 deferred.
Information concerning any aspect of this order may be obtained by contacting
Edward R. Moderow, Enforcement Coordinator at (512) 239-2680, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Brownsville Val-Marts, L.L.C. dba
Val-Mart No. 2, Docket No. 2005-1464-PST-E on 07/13/2006 assessing $9,000.
Information concerning any aspect of this order may be obtained by contacting
Robert R. Mosley, Staff Attorney at (512) 239-0627, Texas Commission on Environmental
Quality, P.O. Box 13087, Austin, Texas 78711-3087.
A default order was entered regarding Centergas, Inc. dba Dean's One Stop,
Docket No. 2005-1469-PST-E on 07/13/2006 assessing $27,500 in administrative
penalties.
Information concerning any aspect of this order may be obtained by contacting
Rebecca Davis, Staff Attorney at (512) 239-5487, Texas Commission on Environmental
Quality, P.O. Box 13087, Austin, Texas 78711-3087.
A default order was entered regarding Candido dba La Hacienda Station and
Amaya Consuelo Amaya dba La Hacienda, Docket No. 2005-1513-PST-E on 07/13/2006
assessing $2,100 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Robert Mosley, Staff Attorney at (512) 239-0627, Texas Commission on Environmental
Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding New Braunfels Aero Service, Inc.
dba Brauntex Aviation, Docket No. 2005-1589-PST-E on 07/05/2006 assessing
$6,000 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Rachael Gaines, Staff Attorney at (512) 239-1877, Texas Commission on Environmental
Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Laredo Paving, Inc., Docket No. 2005-1816-AIR-E
on 07/13/2006 assessing $6,250 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Rachael Gaines, Staff Attorney at (512) 239-1877, Texas Commission on Environmental
Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Oiltanking Beaumont Partners, L.P.,
Docket No. 2005-1865-AIR-E on 07/13/2006 assessing $36,765 in administrative
penalties with $7,353 deferred.
Information concerning any aspect of this order may be obtained by contacting
John Barry, Enforcement Coordinator at (409) 899-8781, Texas Commission on
Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding City of Cotulla, Docket No. 2005-1874-MWD-E
on 07/13/2006 assessing $14,875 in administrative penalties with $2,975 deferred.
Information concerning any aspect of this order may be obtained by contacting
Catherine Albrecht, Enforcement Coordinator at (713) 767-3672, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding City of Dalworthington Gardens, Docket
No. 2005-1894-MWD-E on 07/05/2006 assessing $3,750 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Pam Campbell, Enforcement Coordinator at (512) 239-4493, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding ExxonMobil Oil Corporation, Docket
No. 2005-1903-AIR-E on 07/05/2006 assessing $16,867 in administrative penalties
with $3,373 deferred.
Information concerning any aspect of this order may be obtained by contacting
Terry Murphy, Enforcement Coordinator at (512) 239-5025, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding ConocoPhillips Company, Docket No.
2005-1904-AIR-E on 07/05/2006 assessing $10,000 in administrative penalties
with $2,000 deferred.
Information concerning any aspect of this order may be obtained by contacting
Amy Burgess, Enforcement Coordinator at (512) 239-2540, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Kaneka Texas Corporation, Docket
No. 2005-1943-AIR-E on 07/05/2006 assessing $9,880 in administrative penalties
with $1,976 deferred.
Information concerning any aspect of this order may be obtained by contacting
Suzanne Walrath, Enforcement Coordinator at (512) 239-2134, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Total Petrochemicals USA Inc., Docket
No. 2005-1949-AIR-E on 07/13/2006 assessing $3,725 in administrative penalties
with $745 deferred.
Information concerning any aspect of this order may be obtained by contacting
Trina Grieco, Enforcement Coordinator at (210) 403-4006, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding C & R Distributing, Inc. Docket
No. 2005-1974-AIR-E on 07/05/2006 assessing $1,900 in administrative penalties
with $380 deferred.
Information concerning any aspect of this order may be obtained by contacting
Suzanne Walrath, Enforcement Coordinator at (512) 239-2134, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Hewlett Holdings, Ltd., Docket No.
2005-1986-EAQ-E on 07/05/2006 assessing $6,150 in administrative penalties
with $1,230 deferred.
Information concerning any aspect of this order may be obtained by contacting
Colin Barth, Enforcement Coordinator at (512) 239-2545, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Intercontinental Terminals Company,
Docket No. 2005-2017-AIR-E on 07/13/2006 assessing $5,174 in administrative
penalties with $1,035 deferred.
Information concerning any aspect of this order may be obtained by contacting
Rebecca Johnson, Enforcement Coordinator at (713) 422-8931, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding South Tawakoni Water Supply Corporation,
Docket No. 2005-2023-PWS-E on 07/13/2006 assessing $313.
Information concerning any aspect of this order may be obtained by contacting
Cheryl Thompson, Enforcement Coordinator at (817) 588-5886, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Exxon Mobil Corporation, Docket No.
2005-2070-AIR-E on 07/13/2006 assessing $10,807 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
John Muennink, Enforcement Coordinator at (361) 825-3423, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding The Goodyear Tire & Rubber Company,
Docket No. 2005-2074-AIR-E on 07/05/2006 assessing $14,364 in administrative
penalties with $2,873 deferred.
Information concerning any aspect of this order may be obtained by contacting
Cari-Michel La Caille, Enforcement Coordinator at (512) 239-1387, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Clark Miller dba American Underground
Utilities, Docket No. 2005-2086-WQ-E on 07/05/2006 assessing $1,050 in administrative
penalties with $210 deferred.
Information concerning any aspect of this order may be obtained by contacting
Laurie Eaves, Enforcement Coordinator at (512) 239-4495, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Celanese LTD., Docket No. 2006-0006-AIR-E
on 07/05/2006 assessing $10,000 in administrative penalties with $2,000 deferred.
Information concerning any aspect of this order may be obtained by contacting
Scott Barnett, Enforcement Coordinator at (713) 767-3523, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Dal-Tile Corporation, Docket No.
2006-0013-AIR-E on 07/13/2006 assessing $7,350 in administrative penalties
with $1,470 deferred.
Information concerning any aspect of this order may be obtained by contacting
Terry Murphy, Enforcement Coordinator at (512) 239-5025, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Dal-Tile Corporation, Docket No.
2006-0013-AIR-E on 07/13/2006 assessing $7350 in administrative penalties
with $1470 deferred.
Information concerning any aspect of this order may be obtained by contacting
Terry Murphy, Enforcement Coordinator at (512) 239-5025, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Chevron Phillips Chemical Company
LP, Docket No. 2006-0023-AIR-E on 07/05/2006 assessing $13,680 in administrative
penalties.
Information concerning any aspect of this order may be obtained by contacting
Suzanne Walrath, Enforcement Coordinator at (512) 239-2134, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Jasper Oil Company, Docket No. 2006-0025-OSS-E
on 07/05/2006 assessing $1,050 in administrative penalties with $210 deferred.
Information concerning any aspect of this order may be obtained by contacting
Harvey Wilson, Enforcement Coordinator at (512) 239-0321, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding G S I II, Docket No. 2006-0029-AIR-E
on 07/05/2006 assessing $2,000 in administrative penalties with $400 deferred.
Information concerning any aspect of this order may be obtained by contacting
Bryan Elliott, Enforcement Coordinator at (512) 239-6162, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding City of Rockdale, Docket No. 2006-0032-MLM-E
on 07/05/2006 assessing $9,900 in administrative penalties with $1,980 deferred.
Information concerning any aspect of this order may be obtained by contacting
Cheryl Thompson, Enforcement Coordinator at (817) 588-5886, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding John Dudley Batla dba Texana Vacuum,
Docket No. 2006-0033-MLM-E on 07/05/2006 assessing $7,000 in administrative
penalties with $1,400 deferred.
Information concerning any aspect of this order may be obtained by contacting
Laurie Eaves, Enforcement Coordinator at (512) 239-4495, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Pavestone Company, L.P., Docket No.
2006-0042-MLM-E on 07/05/2006 assessing $18,900 in administrative penalties
with $3,780 deferred.
Information concerning any aspect of this order may be obtained by contacting
Catherine Albrecht, Enforcement Coordinator at (713) 767-3672, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Maxine McMurry dba Primerose Mobile
Home Park, Docket No. 2006-0049-PWS-E on 07/05/2006 assessing $420 in administrative
penalties with $84 deferred.
Information concerning any aspect of this order may be obtained by contacting
Trina Grieco, Enforcement Coordinator at (210) 403-4006, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Exxonmobil Oil Corporation, Docket
No. 2006-0057-AIR-E on 07/13/2006 assessing $8,112 in administrative penalties
with $1,622 deferred.
Information concerning any aspect of this order may be obtained by contacting
John Barry, Enforcement Coordinator at (409) 899-8781, Texas Commission on
Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding GWD Operating, LTD. dba Vintage Car
Wash, Docket No. 2006-0060-PST-E on 07/05/2006 assessing $4,800 in administrative
penalties with $960 deferred.
Information concerning any aspect of this order may be obtained by contacting
Judy Kluge, Enforcement Coordinator at (817) 588-5825, Texas Commission on
Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding BP Amoco Chemical Company, Docket
No. 2006-0068-AIR-E on 07/05/2006 assessing $4,100 in administrative penalties
with $820 deferred.
Information concerning any aspect of this order may be obtained by contacting
Scott Barnett, Enforcement Coordinator at (713) 767-3523, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Rollins E. Bilby,, Docket No. 2006-0069-MSW-E
on 07/05/2006 assessing $2,500 in administrative penalties with $500 deferred.
Information concerning any aspect of this order may be obtained by contacting
Dana Shuler, Enforcement Coordinator at (512) 239-2505, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding SAF-T-BOX INCORPORATED, Docket No.
2006-0073-AIR-E on 07/05/2006 assessing $5,250 in administrative penalties
with $1,050 deferred.
Information concerning any aspect of this order may be obtained by contacting
Cari-Michel La Caille, Enforcement Coordinator at (512) 239-1387, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding NNS Enterprises Inc. dba EZ Mart,
Docket No. 2006-0097-PST-E on 07/05/2006 assessing $5,000 in administrative
penalties with $1,000 deferred.
Information concerning any aspect of this order may be obtained by contacting
Cheryl Thompson, Enforcement Coordinator at (817) 588-5886, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Flo Community Water Supply Corporation,
Docket No. 2006-0113-PWS-E on 07/13/2006 assessing $3,480 in administrative
penalties with $696 deferred.
Information concerning any aspect of this order may be obtained by contacting
Rebecca Clausewitz, Enforcement Coordinator at (210) 403-4012, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Community Water Company dba Rolling
Hills Water System, Docket No. 2006-0119-PWS-E on 07/05/2006 assessing $1,705
in administrative penalties with $341 deferred.
Information concerning any aspect of this order may be obtained by contacting
Sandy VanCleave, Enforcement Coordinator at (512) 239-2670, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Robert Dwayne Wankan dba Wankan
Distribution Services, Docket No. 2006-0120-SLG-E on 07/05/2006 assessing
$750 in administrative penalties with $150 deferred.
Information concerning any aspect of this order may be obtained by contacting
Merrilee Hupp, Enforcement Coordinator at (512) 239-4490, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding City of Dallas, Docket No. 2006-0126-AIR-E
on 07/13/2006 assessing $2,425 in administrative penalties with $485 deferred.
Information concerning any aspect of this order may be obtained by contacting
Jason Kemp, Enforcement Coordinator at (512) 239-5610, Texas Commission on
Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Auxiliary of Sierra Medical Center,
Docket No. 2006-0134-PST-E on 07/13/2006 assessing $1,300 in administrative
penalties with $260 deferred.
Information concerning any aspect of this order may be obtained by contacting
Shontay Wilcher, Enforcement Coordinator at (512) 239-2136, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding BMB Wood Recycling, Ltd., Docket
No. 2006-0148-AIR-E on 07/13/2006 assessing $1,500 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Suzanne Walrath, Enforcement Coordinator at (512) 239-2134, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Innovene USA LLC, Docket No. 2006-0149-AIR-E
on 07/13/2006 assessing $2,550 in administrative penalties with $510 deferred.
Information concerning any aspect of this order may be obtained by contacting
Scott Barnett, Enforcement Coordinator at (713) 767-3523, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Monarch Utilities I L.P., Docket
No. 2006-0152-MWD-E on 07/05/2006 assessing $8,835 in administrative penalties
with $1,767 deferred.
Information concerning any aspect of this order may be obtained by contacting
Brian Lehmkuhle, Enforcement Coordinator at (512) 239-4482, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Texas Star Investments, Inc., Docket
No. 2006-0156-PST-E on 07/13/2006 assessing $14,500 in administrative penalties
with $2,900 deferred.
Information concerning any aspect of this order may be obtained by contacting
Joseph Daley, Enforcement Coordinator at (817) 588-5928, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Superior Stone Inc., Docket No. 2006-0173-MLM-E
on 07/05/2006 assessing $12,000 in administrative penalties with $2,400 deferred.
Information concerning any aspect of this order may be obtained by contacting
Brent Hurta, Enforcement Coordinator at (512) 239-6589, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Larry West dba West Dairy Farm, Docket
No. 2006-0174-AGR-E on 07/05/2006 assessing $2,750 in administrative penalties
with $550 deferred.
Information concerning any aspect of this order may be obtained by contacting
Lynley Doyen, Enforcement Coordinator at (512) 239-1364, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Delta Tubular International, L.P.,
Docket No. 2006-0178-IWD-E on 07/05/2006 assessing $4,095 in administrative
penalties with $819 deferred.
Information concerning any aspect of this order may be obtained by contacting
Thomas Greimel, Enforcement Coordinator at (512) 239-5690, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Danny Wilde, Docket No. 2006-0180-MSW-E
on 07/05/2006 assessing $2,040 in administrative penalties with $408 deferred.
Information concerning any aspect of this order may be obtained by contacting
Thomas Greimel, Enforcement Coordinator at (512) 239-5690, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Chevron Phillips Chemical Company
LP, Docket No. 2006-0189-AIR-E on 07/13/2006 assessing $13,425 in administrative
penalties with $2,685 deferred.
Information concerning any aspect of this order may be obtained by contacting
Suzanne Walrath, Enforcement Coordinator at (512) 239-2134, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding City of Lott, Docket No. 2006-0194-PWS-E
on 07/13/2006 assessing $1,943 in administrative penalties with $389 deferred.
Information concerning any aspect of this order may be obtained by contacting
Libby Hogue, Enforcement Coordinator at (512) 239-1165, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding M. A. D. Property Mgt. L.P. dba J &
H Exxon, Docket No. 2006-0198-PST-E on 07/05/2006 assessing $4,365 in administrative
penalties with $873 deferred.
Information concerning any aspect of this order may be obtained by contacting
Judy Kluge, Enforcement Coordinator at (817) 588-5825, Texas Commission on
Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Akzo Nobel Polymer Chemicals LLC,
Docket No. 2006-0212-AIR-E on 07/13/2006 assessing $750 in administrative
penalties with $150 deferred.
Information concerning any aspect of this order may be obtained by contacting
Scott Barnett, Enforcement Coordinator at (713) 767-3523, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Katy-Hockley Corp., Docket No. 2006-0222-MWD-E
on 07/05/2006 assessing $2,000 in administrative penalties with $400 deferred.
Information concerning any aspect of this order may be obtained by contacting
Catherine Albrecht, Enforcement Coordinator at (713) 767-3672, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding City of Iredell, Docket No. 2006-0223-MWD-E
on 07/13/2006 assessing $4,410 in administrative penalties with $882 deferred.
Information concerning any aspect of this order may be obtained by contacting
Merrilee Hupp, Enforcement Coordinator at (512) 239-4490, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Site Concrete, Inc., Docket No. 2006-0238-WQ-E
on 07/13/2006 assessing $3,000 in administrative penalties with $600 deferred.
Information concerning any aspect of this order may be obtained by contacting
Brian Lehmkuhle, Enforcement Coordinator at (512) 239-4482, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Sunoco Pipeline L.P., Docket No.
2006-0251-AIR-E on 07/13/2006 assessing $2,000 in administrative penalties
with $400 deferred.
Information concerning any aspect of this order may be obtained by contacting
Daniel Siringi, Enforcement Coordinator at (409) 899-8799, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding NNN AmberOaks LLC, Docket No. 2006-0253-EAQ-E
on 07/05/2006 assessing $3,600 in administrative penalties with $720 deferred.
Information concerning any aspect of this order may be obtained by contacting
Carolyn V. Lind, Enforcement Coordinator at (903) 535-5145, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Manh Le dba M & D Grocery, Docket
No. 2006-0301-PST-E on 07/05/2006 assessing $1,875 in administrative penalties
with $375 deferred.
Information concerning any aspect of this order may be obtained by contacting
Steven Mahr, Enforcement Coordinator at (512) 239-6017, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding LBC Houston, L.P., Docket No. 2006-0309-AIR-E
on 07/13/2006 assessing $10,000 in administrative penalties with $2,000 deferred.
Information concerning any aspect of this order may be obtained by contacting
Harvey Wilson, Enforcement Coordinator at (512) 239-0321, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Phillip M. Grisham, Sr., Docket No.
2006-0317-OSI-E on 07/05/2006 assessing $375 in administrative penalties with
$75 deferred.
Information concerning any aspect of this order may be obtained by contacting
Lynley Doyen, Enforcement Coordinator at (512) 239-1364, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding S.J.G. Corp dba Salt Lick Bar B Q,
Docket No. 2006-0352-PWS-E on 07/13/2006 assessing $1,438 in administrative
penalties.
Information concerning any aspect of this order may be obtained by contacting
Kent Heath, Enforcement Coordinator at (512) 239-4575, Texas Commission on
Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding D & J Enterprise, Docket No.
2006-0375-AIR-E on 07/13/2006 assessing $1,575 in administrative penalties
with $315 deferred.
Information concerning any aspect of this order may be obtained by contacting
Daniel Siringi, Enforcement Coordinator at (409) 899-8799, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed field citation was entered regarding Handy Randy's, Docket No.
2006-0444-PST-E on 07/05/2006 assessing $875 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Melissa Keller, Staff Attorney at (512) 239-1768, Texas Commission on Environmental
Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Producers Cooperative Elevator, Docket
No. 2006-0463-PST-E on 07/05/2006 assessing $875 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Melissa Keller, Staff Attorney at (512) 239-1768, Texas Commission on Environmental
Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed field citation was entered regarding Wanda Morgan, Docket No.
2006-0464-PST-E on 07/05/2006 assessing $3,500 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Melissa Keller, Staff Attorney at (512) 239-1768, Texas Commission on Environmental
Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed field citation was entered regarding Three Rivers Flying Service,
Docket No. 2006-0489-PST-E on 07/05/2006 assessing $4,375 in administrative
penalties.
Information concerning any aspect of this order may be obtained by contacting
Melissa Keller, Staff Attorney at (512) 239-1768, Texas Commission on Environmental
Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed field citation was entered regarding American OGD Corporation
dba Galloway Food Mart, Docket No. 2006-0491-PST-E on 07/14/2006 assessing
$3,500 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
David Van Soest, Enforcement Coordinator at (512) 239-0468, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
TRD-200603916
LaDonna Castañuela
Chief Clerk
Texas Commission on Environmental Quality
Filed: July 26, 2006
The Texas Commission on Environmental Quality (TCEQ or commission) announces
the availability of the draft July 2006 Update to the Water Quality Management
Plan for the State of Texas (draft WQMP update).
The Water Quality Management Plan (WQMP) is developed and promulgated in
accordance with the requirements of federal Clean Water Act, §208. The
draft WQMP update includes projected effluent limits of indicated domestic
dischargers useful for water quality management planning in future permit
actions. Once the commission certifies a WQMP update, the update is submitted
to the United States Environmental Protection Agency (EPA) for approval. For
some Texas Pollutant Discharge Elimination System (TPDES) permits, the EPA's
approval of a corresponding WQMP update is a necessary precondition to TPDES
permit issuance by the commission. The draft WQMP update may contain service
area populations for listed wastewater treatment facilities and designated
management agency information.
A copy of the draft July 2006 WQMP update may be found on the commission's
Web site located at
http://www.tceq.state.tx.us/nav/eq/eq_wqmp.html
. A copy of the draft may also be viewed at the TCEQ Library, Building
A, 12100 Park 35 Circle, Austin, Texas.
Written comments on the draft WQMP update may be submitted to Nancy Vignali,
Texas Commission on Environmental Quality, Water Quality Division, MC 150,
P.O. Box 13087, Austin, Texas 78711-3087. Comments may also be faxed to (512)
239-4420, but must be followed up with the submission and receipt of the written
comments within three working days of when they were faxed. Written comments
must be submitted no later than 5:00 p.m. on September 4, 2006. For further
information or questions, please contact Ms. Vignali at (512) 239-1303 or
by e-mail at
nvignali@tceq.state.tx.us
.
TRD-200603913
Robert Martinez
Director, Environmental Law Division
Texas Commission on Environmental Quality
Filed: July 26, 2006
The State Office of Administrative Hearings issued a Proposal for Decision
and Order to the Texas Commission on Environmental Quality on July 21, 2006,
in the matter of the Executive Director of the Texas Commission on Environmental
Quality, Petitioner v. KR Mina, Inc. dba Fuqua Power Fuel; SOAH Docket No.
582-06-2081; TCEQ Docket No. 2005-1748-PST-E. The commission will consider
the Administrative Law Judge's Proposal for Decision and Order regarding
the enforcement action against KR Mina, Inc. dba Fuqua Power Fuel on a date
and time to be determined by the Office of the Chief Clerk in Room 201S of
Building E, 12100 N. Interstate 35, Austin, Texas. This posting is Notice
of Opportunity to Comment on the Proposal for Decision and Order. The comment
period will end 30 days from date of this publication. Written public comments
should be submitted to the Office of the Chief Clerk, MC-105, TCEQ, P.O.
Box 13087, Austin, Texas 78711-3087. If you have any questions or need assistance,
please contact Paul Munguía, Office of the Chief Clerk, (512) 239-3300.
TRD-200603917
LaDonna Castañuela
Chief Clerk
Texas Commission on Environmental Quality
Filed: July 26, 2006
The State Office of Administrative Hearings issued a Proposal for Decision
and Order to the Texas Commission on Environmental Quality on July 20, 2006,
in the matter of the Executive Director of the Texas Commission on Environmental
Quality, Petitioner v. Sunshine Stores, Inc.; SOAH Docket No. 582-06-2111;
TCEQ Docket No. 2005-0849-PST-E. The commission will consider the Administrative
Law Judge's Proposal for Decision and Order regarding the enforcement action
against Sunshine Stores, Inc. on a date and time to be determined by the
Office of the Chief Clerk in Room 201S of Building E, 12100 N. Interstate
35, Austin, Texas. This posting is Notice of Opportunity to Comment on the
Proposal for Decision and Order. The comment period will end 30 days from
date of this publication. Written public comments should be submitted to
the Office of the Chief Clerk, MC-105, TCEQ, P.O. Box 13087, Austin, Texas
78711-3087. If you have any questions or need assistance, please contact
Paul Munguía, Office of the Chief Clerk, (512) 239-3300.
TRD-200603918
LaDonna Castañuela
Chief Clerk
Texas Commission on Environmental Quality
Filed: July 26, 2006
The Texas Commission on Environmental Quality (commission) is soliciting
nominations to fill several vacant positions on the Pollution Prevention Advisory
Committee (PPAC). The legislatively created advisory committee, established
under Texas Health and Safety Code, §361.0215, advises the commission
on the state's policy and goals for pollution prevention and waste minimization.
The PPAC is composed of nine voting members who offer a balanced representation
of environmental and public interest groups and the regulated community. The
nine official members include: four members from an environmental or public
interest organization; four members from the regulated community; and one
member representing academia.
The commission may appoint
ex officio
members
to provide additional participation from other members of the regulated community
and the public who work on pollution prevention and performance-based regulatory
initiatives. The commission currently has designated eight
ex officio
positions, including one representative from each of the
following sectors: small business, local government, agriculture, Department
of Defense, labor, and the Clean Texas Program. The commission also extends
Individuals interested in being considered by the commission should submit
a one-page letter of interest and brief resume or biography.
All materials must be received by the commission no later than 5:00 p.m. on
August 31, 2006.
The PPAC advises the commission on: the appropriate organization of state
agencies and the financial and technical resources required to aid the state
in its efforts to promote waste reduction and minimization; the development
of public awareness programs to educate citizens about hazardous waste and
the appropriate disposal of hazardous waste and hazardous materials that are
used and collected by households; the provision of technical assistance to
local governments for the development of waste management strategies designed
to assist small quantity generators of hazardous waste; other possible programs
to more effectively implement the state's hierarchy of preferred waste management
technologies as set forth in Texas Health and Safety Code, §361.023(a);
and the implementation of the Recycling Market Development Implementation
Program.
The PPAC also advises the commission on the creation and implementation
of the strategically directed regulatory structure developed under Texas Water
Code, §5.755, and reports quarterly to the commission on its activities,
including suggestions or proposals for future activities and other matters
the committee considers important. The PPAC must report in writing to the
commission a minimum of once per year, unless otherwise directed.
The PPAC operates under the requirements of 30 TAC Chapter 5, Advisory
Committees and Groups. The PPAC meets a minimum of four times per year and
as needed. Members may not miss three consecutive regularly scheduled meetings
or more than half of all the regularly scheduled meetings in a one-year period.
Semi-annual meetings typically last one full day and are typically held at
the commission headquarters in Austin, Texas. The 79th Legislature, 2005,
authorized reimbursement for committee members' travel expenses.
The commissioners invite nominations for the following positions. Each
nomination should include a brief cover letter and biographical summary that
includes the individual's experience and qualifications, and an agreement
to serve on the committee if appointed. Except as otherwise provided by law,
advisory committee members may serve two or four-year terms. Please submit
nomination(s) for consideration by the commission for the following terms:
Written nominations must be received in the Small Business and Environmental
Assistance Division Office
by 5:00 p.m. on August 31,
2006
, via mail, hand delivery, e-mail, or fax. Nominations should be
directed to: Brian Christian, Small Business and Environmental Assistance
Division (MC 112), Texas Commission on Environmental Quality, P. O. Box 13087,
Austin, Texas 78711-3087. They can also be sent via e-mail to
bchristi@tceq.state.tx.us
, or they can be faxed to (512) 239-3165.
Documents can be submitted via hand delivery to the Small Business and Environmental
Assistance Division, 12100 Park 35 Circle, Building F, Suite 1301, Austin,
Texas 78753.
Questions regarding the PPAC and the current nominations process can be
directed to James Voelker at (512) 239-3182.
TRD-200603914
Robert Martinez
Director, Environmental Law Division
Texas Commission on Environmental Quality
Filed: July 26, 2006
Notification of Consulting Procurement - Request for Proposals for Consultant Services
Pursuant to Chapter 2254, Subchapter B, Texas Government Code, the Health
and Human Services Commission (HHSC) announces the release of its Request
for Proposals for consultant services to assist the State in securing contracts
for a pool of multiple pre-qualified and readily accessible consultants. The
Multiple Consultant Multiple Award Contract (RFP #529-06-0425) will involve
maintaining a pool of highly skilled professional consultants who will provide
comprehensive and professional services to assist the State in meeting Federal
and State legislative mandates and other program requirements with more efficiency.
The primary objectives for this procurement include the following:
* Administrative time, paperwork, and scheduling will be reduced and streamlined
through the blanket consultant contracting process.
* HHSC will be enabled to respond to and/or meet Federal and State legislative
mandates and other program requirements in a timely manner.
* HHSC will have the ability to plan, manage, and deliver health and human
services to Texans in a more productive, effective, and efficient manner.
The RFP is located in full on HHSC's Business Opportunities Page under
"Contracting Opportunities" link at http://www.hhsc.state.tx.us/about_hhsc/BusOpp/BO_opportunities.html.
HHSC also posted notice of the procurement on the Texas Marketplace on July
28, 2006.
The successful Vendor will demonstrate the ability to meet these objectives
and will be evaluated, in part, by the degree to which the respondent shows
how it will achieve them.
The Health and Human Services Commission's Sole Point-Of-Contact for this
procurement is:
Peggie J. Laser, Procurement Project Manager
Texas Health and Human Services Commission
P.O. Box 85200-5200
Austin, Texas 78708-5200
(512) 491-1195
Peggie.laser@hhsc.state.tx.us
All proposals must be received at the above-referenced address on or before
3:00 PM Central Time on August 18, 2006. Proposals received after this time
and date will not be considered.
All proposals will be subject to evaluation based on the criteria and procedures
set forth in the RFP. HHSC reserves the right to accept or reject any or all
proposals submitted. HHSC is under no legal or other obligation to execute
any contracts on the basis of this notice. HHSC will not pay for costs incurred
by any entity in responding to this RFP.
TRD-200603946
David Brown
Assistant General Counsel
Texas Health and Human Services Commission
Filed: July 26, 2006
Notice of Public Hearing
Multifamily Housing Revenue Bonds (Idlewilde Apartments)
Series 2006
Notice is hereby given of a public hearing to be held by the Texas Department
of Housing and Community Affairs (the "Issuer") at Harris County Public Library
Northwest Branch 11355 Regency Green, Cypress, Harris County, Texas 77429,
at 6:00 p.m. on August 23, 2006 with respect to an issue of tax-exempt multifamily
residential rental development revenue bonds in an aggregate principal amount
not to exceed $15,000,000 and taxable bonds, if necessary, in an amount to
be determined, to be issued in one or more series (the "Bonds"), by the Issuer.
The proceeds of the Bonds will be loaned to Idlewilde Apartments, L.P., a
limited partnership, or a related person or affiliate thereof (the "Borrower")
to finance a portion of the costs of acquiring, constructing, and equipping
a multifamily housing development (the "Development") described as follows:
250-unit multifamily residential rental development to be located at approximately
the 11600 block of Bobcat Road and the 9905 block of FM 1960 West Road, Houston,
Harris County, Texas. A physical address has not been assigned by the City
of Houston or Harris County. Upon the issuance of the Bonds, the Development
will be owned by the Borrower.
All interested parties are invited to attend such public hearing to express
their views with respect to the Development and the issuance of the Bonds.
Questions or requests for additional information may be directed to Teresa
Morales at the Texas Department of Housing and Community Affairs, P.O. Box
13941, Austin, TX 78711-3941; (512) 475-3344; and/or teresa.morales@tdhca.state.tx.us.
Persons who intend to appear at the hearing and express their views are
invited to contact Teresa Morales in writing in advance of the hearing. Any
interested persons unable to attend the hearing may submit their views in
writing to Teresa Morales prior to the date scheduled for the hearing. Individuals
who require a language interpreter for the hearing should contact Teresa Morales
at least three days prior to the hearing date. Personas que hablan español
y requieren un intérprete, favor de llamar a Jorge Reyes al siguiente
número (512) 475-4577 por lo menos tres días antes de la junta
para hacer los preparativos apropiados.
Individuals who require auxiliary aids in order to attend this meeting
should contact Gina Esteves, ADA Responsible Employee, at (512) 475-3943 or
Relay Texas at (800) 735-2989 at least two days before the meeting so that
appropriate arrangements can be made.
TRD-200603912
Michael G. Gerber
Executive Director
Texas Department of Housing and Community Affairs
Filed: July 26, 2006
Multifamily Housing Revenue Bonds (Generations at
Mansfield Apartments) Series 2006
Notice is hereby given of a public hearing to be held by the Texas Department
of Housing and Community Affairs (the "Issuer") at Mansfield High School,
3001 East Broad Street, Mansfield, Tarrant County, Texas 76063, at 6:00 p.m.
on August 22, 2006 with respect to an issue of tax-exempt multifamily residential
rental development revenue bonds in an aggregate principal amount not to exceed
$11,200,000 and taxable bonds, if necessary, in an amount to be determined,
to be issued in one or more series (the "Bonds"), by the Issuer. The proceeds
of the Bonds will be loaned to GS 360 Housing, L.P., a limited partnership,
or a related person or affiliate thereof (the "Borrower") to finance a portion
of the costs of acquiring, constructing, and equipping a multifamily housing
development (the "Development") described as follows: 152-unit multifamily
residential rental development to be located approximately 1,000 feet north
of South Miller Road and to the east of the Highway 360 frontage road and
adjacent to Mansfield National Golf Club (the golf course is located at 3750
National Parkway), Tarrant County, Texas. A physical address has not been
assigned by the City of Mansfield. Upon the issuance of the Bonds, the Development
will be owned by the Borrower.
All interested parties are invited to attend such public hearing to express
their views with respect to the Development and the issuance of the Bonds.
Questions or requests for additional information may be directed to Teresa
Morales at the Texas Department of Housing and Community Affairs, P.O. Box
13941, Austin, Texas 78711-3941; (512) 475-3344; and/or teresa.morales@tdhca.state.tx.us.
Persons who intend to appear at the hearing and express their views are
invited to contact Teresa Morales in writing in advance of the hearing. Any
interested persons unable to attend the hearing may submit their views in
writing to Teresa Morales prior to the date scheduled for the hearing. Individuals
who require a language interpreter for the hearing should contact Teresa Morales
at least three days prior to the hearing date. Personas que hablan español
y requieren un intérprete, favor de llamar a Jorge Reyes al siguiente
número (512) 475-4577 por lo menos tres días antes de la junta
para hacer los preparativos apropiados.
Individuals who require auxiliary aids in order to attend this meeting
should contact Gina Esteves, ADA Responsible Employee, at (512) 475-3943 or
Relay Texas at (800) 735-2989 at least two days before the meeting so that
appropriate arrangements can be made.
TRD-200603919
Michael G. Gerber
Executive Director
Texas Department of Housing and Community Affairs
Filed: July 26, 2006
Multifamily Housing Revenue Bonds (Havens at Mansfield
Apartments) Series 2006
Notice is hereby given of a public hearing to be held by the Texas Department
of Housing and Community Affairs (the "Issuer") at Mansfield High School,
3001 East Broad Street, Mansfield, Tarrant County, Texas 76063, at 6:00 p.m.
on August 22, 2006 with respect to an issue of tax-exempt multifamily residential
rental development revenue bonds in an aggregate principal amount not to exceed
$5,800,000 and taxable bonds, if necessary, in an amount to be determined,
to be issued in one or more series (the "Bonds"), by the Issuer. The proceeds
of the Bonds will be loaned to TX 360 Senior Housing, L.P., a limited partnership,
or a related person or affiliate thereof (the "Borrower") to finance a portion
of the costs of acquiring, constructing, and equipping a multifamily housing
development (the "Development") described as follows: 100-unit multifamily
senior residential rental development to be located to the east of the Highway
360 frontage road and to the west of and adjacent to Mansfield National Golf
Club (the golf course is located at 3750 National Parkway), Tarrant County,
Texas. A physical address has not been assigned by the City of Mansfield.
Upon the issuance of the Bonds, the Development will be owned by the Borrower.
All interested parties are invited to attend such public hearing to express
their views with respect to the Development and the issuance of the Bonds.
Questions or requests for additional information may be directed to Teresa
Morales at the Texas Department of Housing and Community Affairs, P.O. Box
13941, Austin, Texas 78711-3941; (512) 475-3344; and/or teresa.morales@tdhca.state.tx.us.
Persons who intend to appear at the hearing and express their views are
invited to contact Teresa Morales in writing in advance of the hearing. Any
interested persons unable to attend the hearing may submit their views in
writing to Teresa Morales prior to the date scheduled for the hearing. Individuals
who require a language interpreter for the hearing should contact Teresa Morales
at least three days prior to the hearing date. Personas que hablan español
y requieren un intérprete, favor de llamar a Jorge Reyes al siguiente
número (512) 475-4577 por lo menos tres días antes de la junta
para hacer los preparativos apropiados.
Individuals who require auxiliary aids in order to attend this meeting
should contact Gina Esteves, ADA Responsible Employee, at (512) 475-3943 or
Relay Texas at (800) 735-2989 at least two days before the meeting so that
appropriate arrangements can be made.
TRD-200603920
Michael G. Gerber
Executive Director
Texas Department of Housing and Community Affairs
Filed: July 26, 2006
Company Licensing
Application to change the name of IDS LIFE INSURANCE COMPANY to RIVERSOURCE
LIFE INSURANCE COMPANY, a foreign life, accident, and/or health company. The
home office is in Minneapolis, Minnesota.
Any objections must be filed with the Texas Department of Insurance within
twenty (20) calendar days from the date of the
Texas
Register
publication, addressed to the attention of Godwin Ohaechesi,
333 Guadalupe Street, M/C 305-2C, Austin, Texas 78701.
TRD-200603925
Gene C. Jarmon
Chief Clerk and General Counsel
Texas Department of Insurance
Filed: July 26, 2006
The following third party administrator (TPA) applications have been filed
with the Texas Department of Insurance and are under consideration.
Application for admission to Texas of DISABILITY MANAGEMENT ALTERNATIVES,
LLC, a foreign third party administrator. The home office is FARMINGTON, CONNECTICUT.
Application for admission to Texas of ACCLARIS, INC., a foreign third party
administrator. The home office is WILMINGTON, DELAWARE.
Application for incorporation in Texas of SELF-INSURANCE RESOURCE, INC.,
a domestic third party administrator. The home office is DALLAS, TEXAS.
Any objections must be filed within 20 days after this notice is published
in the
Texas Register
, addressed to the attention
of Matt Ray, MC 107-1A, 333 Guadalupe, Austin, Texas 78701.
TRD-200603924
Gene C. Jarmon
Chief Clerk and General Counsel
Texas Department of Insurance
Filed: July 26, 2006
Instant Game Number 688 "Triple Fortune"
1.0 Name and Style of Game.
A. The name of Instant Game No. 688 is "TRIPLE FORTUNE". The play style
is "key number match with tripler".
1.1 Price of Instant Ticket.
A. Tickets for Instant Game No. 688 shall be $2.00 per ticket.
1.2 Definitions in Instant Game No. 688.
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, $$ SYMBOL, $$$ SYMBOL, $1.00,
$2.00, $3.00, $5.00, $10.00, $15.00, $20.00, $30.00, $60.00, $200, $1,000,
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. These three (3) small letters are for validation purposes
and cannot be used to play the game. The possible validation codes are:
Low-tier winning tickets use the required codes listed in Figure 2. Non-winning
tickets and high-tier tickets use a non-required combination of the required
codes listed in Figure 2 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 Serial Number is for validation purposes and
cannot be used to play the game.
The format will be: 0000000000000.
G. Low-Tier Prize - A prize of $2.00, $3.00, $5.00, $10.00, $15.00, or
$20.00.
H. Mid-Tier Prize - A prize of $30.00, $60.00, or $200.
I. High-Tier Prize- A prize of $1,000 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 (688), 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: 688-0000001-001.
L. Pack - A pack of "TRIPLE 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 003 and 004 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 "TRIPLE
FORTUNE" Instant Game No. 688 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 "TRIPLE
FORTUNE" Instant Game is determined once the latex on the ticket is scratched
off to expose 22 (twenty-two) Play Symbols. If a player matches any of YOUR
NUMBERS play symbols to either WINNING NUMBER play symbol, the player wins
the PRIZE shown for that number. If a player reveals a double dollar "$$"
play symbol, the player wins DOUBLE the PRIZE shown. If a player reveals a
triple dollar "$$$" play symbol, the player wins TRIPLE the PRIZE shown. No
portion of the display printing nor any extraneous matter whatsoever shall
be usable or playable as a part of the Instant Game.
2.1 Instant Ticket Validation Requirements.
A. To be a valid Instant Game ticket, all of the following requirements
must be met:
1. Exactly 22 (twenty-two) 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 22 (twenty-two)
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 22 (twenty-two) Play Symbols must be exactly one of those
described in Section 1.2.C of these Game Procedures;
17. Each of the 22 (twenty-two) 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 more than one pair of non-winning prize symbols on a ticket.
C. No duplicate non-winning YOUR NUMBERS play symbols on a ticket.
D. No duplicate WINNING NUMBERS play symbols on a ticket.
E. The doubler and tripler play symbols will only appear on winning tickets
as dictated by the prize structure.
F. Non-winning prize symbols will never be the same as the winning prize
symbol(s).
G. No prize amount in a non-winning spot will correspond with the YOUR
NUMBER play symbol (i.e. 5 and $5).
2.3 Procedure for Claiming Prizes.
A. To claim a "TRIPLE FORTUNE" Instant Game prize of $2.00, $3.00, $5.00,
$10.00, $15.00, $20.00, $30.00, $60.00, or $200, a claimant shall sign the
back of the ticket in the space designated on the ticket and present the winning
ticket to any Texas Lottery Retailer. The Texas Lottery Retailer shall verify
the claim and, if valid, and upon presentation of proper identification, make
payment of the amount due the claimant and physically void the ticket; provided
that the Texas Lottery Retailer may, but is not, in some cases, required to
pay a $30.00, $60.00, or $200 ticket. In the event the Texas Lottery Retailer
cannot verify the claim, the Texas Lottery Retailer shall provide the claimant
with a claim form and instruct the claimant on how to file a claim with the
Texas Lottery. If the claim is validated by the Texas Lottery, a check shall
be forwarded to the claimant in the amount due. In the event the claim is
not validated, the claim shall be denied and the claimant shall be notified
promptly. A claimant may also claim any of the above prizes under the procedure
described in Section 2.3.B and Section 2.3.C of these Game Procedures.
B. To claim a "TRIPLE FORTUNE" Instant Game prize of $1,000 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 "TRIPLE 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
of Public Accounts, the Texas Workforce Commission, or Texas Alcoholic Beverage
Commission;
2. delinquent in making child support payments administered or collected
by the Office of the Attorney General;
3. delinquent in reimbursing the Texas Health and Human Services Commission
for a benefit granted in error under the food stamp program or the program
of financial assistance under Chapter 31, Human Resources Code;
4. in default on a loan made under Chapter 52, Education Code; or
5. in default on a loan guaranteed under Chapter 57, Education Code.
E. If a person is indebted or owes delinquent taxes to the State, other
than those specified in the preceding paragraph, the winnings of a person
shall be withheld until the debt or taxes are paid.
2.4 Allowance for Delay of Payment. The Texas Lottery may delay payment
of the prize pending a final determination by the Executive Director, under
any of the following circumstances:
A. if a dispute occurs, or it appears likely that a dispute may occur,
regarding the prize;
B. if there is any question regarding the identity of the claimant;
C. if there is any question regarding the validity of the ticket presented
for payment; or
D. if the claim is subject to any deduction from the payment otherwise
due, as described in Section 2.3.D of these Game Procedures. No liability
for interest for any delay shall accrue to the benefit of the claimant pending
payment of the claim.
2.5 Payment of Prizes to Persons Under 18. If a person under the age of
18 years is entitled to a cash prize of less than $600 from the "TRIPLE 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 "TRIPLE 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, §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. 688. 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. 688 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. 688,
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-200603910
Kimberly L. Kiplin
General Counsel
Texas Lottery Commission
Filed: July 25, 2006
1.0 Name and Style of Game.
A. The name of Instant Game No. 731 is "MONEY MAKER". The play style for
Game 1 is "three in a line". The play style for Game 2 is "key symbol match
with doubler". The play style for Game 3 is "key number match". The play style
for Game 4 is "key number match with auto win".
1.1 Price of Instant Ticket.
A. Tickets for Instant Game No. 731 shall be $5.00 per ticket.
1.2 Definitions in Instant Game No. 731.
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: $1.00, $2.00, $4.00, $5.00, $10.00, $15.00,
$20.00, $25.00, $50.00, $100, $500, $1,000, $100,000, $0.00, CLOVER SYMBOL,
DIAMOND SYMBOL, GOLD BAR SYMBOL, POT OF GOLD SYMBOL, MONEY BAG SYMBOL, STACK
OF COINS SYMBOL, STACK OF BILLS SYMBOL, DOLLAR SIGN SYMBOL, STAR SYMBOL, HORSE
SHOE SYMBOL, 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18,
19, 20, 21, 22, 23, 24, or VAULT 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. These three (3) small letters are for validation purposes
and cannot be used to play the game. The possible validation codes are:
Low-tier winning tickets use the required codes listed in Figure 2. Non-winning
tickets and high-tier tickets use a non-required combination of the required
codes listed in Figure 2 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 Serial Number is for validation purposes and
cannot be used to play the game.
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 $100,000.
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 (731), 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: 731-0000001-001.
L. Pack - A pack of "MONEY MAKER" Instant Game tickets contains 75 tickets,
packed in plastic shrink-wrapping and fanfolded in pages of one (1). The packs
will alternate. One will show the front of ticket 001 and back of 075 while
the other fold will show the back of ticket 001 and front of 075.
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 "MONEY
MAKER" Instant Game No. 731 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 "MONEY MAKER"
Instant Game is determined once the latex on the ticket is scratched off to
expose 44 (forty-four) Play Symbols. For GAME 1, if a player reveals three
(3) matching amounts in any one row, column, or diagonal, the player wins
that amount. For GAME 2, if a player reveals three (3) matching play symbols,
the player wins prize shown in PRIZE BOX. If a player reveals four (4) identical
play symbols, the player wins DOUBLE the prize shown in the PRIZE BOX. For
GAME 3, if a player reveals any prize amount, the player wins that amount.
For GAME 4, if a player matches any of YOUR NUMBERS play symbols to any of
the WINNING NUMBERS play symbols, the player wins the PRIZE shown for that
number. If a player reveals a "vault" play symbol, the player wins all 12
(twelve) prizes shown in GAME 4 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 44 (forty-four) 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. Game 1: No more than one occurrence of three like amounts creating a
win.
C. Game 1: No more than four like amounts in this game.
D. Game 1: No three or more pairs in this game.
E. Game 2: No five or more like symbols in this game.
F. Game 2: No more than one non-winning pair of like symbols in this game.
G. Game 4: No more than two pairs of non-winning prize symbols in this
game.
H. Game 4: The "vault" play symbol will appear only on intended winning
tickets as dictated by the prize structure.
I. Game 4: Non-winning prize symbols will never be the same as the winning
prize symbol(s).
J. Game 4: No prize amount in a non-winning spot will correspond with the
YOUR NUMBERS play symbol (i.e., 5 and $5).
2.3 Procedure for Claiming Prizes.
A. To claim a "MONEY MAKER" 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 "MONEY MAKER" Instant Game prize of $1,000, $5,000, or $100,000,
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 "MONEY MAKER" 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
of Public Accounts, the Texas Workforce Commission, or Texas Alcoholic Beverage
Commission;
2. delinquent in making child support payments administered or collected
by the Office of the Attorney General;
3. delinquent in reimbursing the Texas Health and Human Services Commission
for a benefit granted in error under the food stamp program or the program
of financial assistance under Chapter 31, Human Resources Code;
4. in default on a loan made under Chapter 52, Education Code; or
5. in default on a loan guaranteed under Chapter 57, Education Code.
E. If a person is indebted or owes delinquent taxes to the State, other
than those specified in the preceding paragraph, the winnings of a person
shall be withheld until the debt or taxes are paid.
2.4 Allowance for Delay of Payment. The Texas Lottery may delay payment
of the prize pending a final determination by the Executive Director, under
any of the following circumstances:
A. if a dispute occurs, or it appears likely that a dispute may occur,
regarding the prize;
B. if there is any question regarding the identity of the claimant;
C. if there is any question regarding the validity of the ticket presented
for payment; or
D. if the claim is subject to any deduction from the payment otherwise
due, as described in Section 2.3.D of these Game Procedures. No liability
for interest for any delay shall accrue to the benefit of the claimant pending
payment of the claim.
2.5 Payment of Prizes to Persons Under 18. If a person under the age of
18 years is entitled to a cash prize of less than $600 from the "MONEY MAKER"
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 "MONEY MAKER" 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, §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. 731. 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. 731 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. 731,
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-200603911
Kimberly L. Kiplin
General Counsel
Texas Lottery Commission
Filed: July 25, 2006
Public Hearing Agenda
FRIDAY, AUGUST 4, 2006 AT 9:00 P.M., 12100 Park 35 Circle, Building A,
Suite 173 Austin, Texas 78753
1. Call to Order
2. The Texas Board of Professional Land Surveying (Board) now calls a Public
hearing to receive comments from interested persons concerning amendments
to Rule 663.17 and Rule 661.46 proposed under Section 1071.151 of the Professional
Land Surveying Practices Act, which provides the Board with the authority
to promulgate and adopt rules consistent with the Act governing its administration,
including rules relating to monumentation and seal requirements. The proposed
rule amendment, 663.17(e) (TRD 200603476) and 661.46 (TRD 200603475), were
both published in the July 14, 2006, issue of the
Texas Register.
Any interested person may appear and offer comments or statements, either
orally or in writing; however, questioning of commenters will be reserved
exclusively to the Board or its staff as may be necessary to ensure a complete
record. While any person with pertinent comments or statements will be granted
an opportunity to present them during the course of the hearing, the Board
reserves the right to restrict statements in terms of time or repetitive content.
Organizations, associations, or groups are encouraged to present their commonly
held views or similar comments through a representative member where possible.
Persons with disabilities who have special needs and who plan to attend
the meeting should contact Sandy Smith at (512) 239 5263 at least 4 days prior
to the meeting.
3. Adjourn.
TRD-200603922
Sandy Smith
Executive Director
Texas Board of Professional Land Surveying
Filed: July 26, 2006
Announcement of Amendment to Application for State-Issued Certificate of Franchise Authority
The Public Utility Commission of Texas received an application on July
20, 2006, for an amendment to a state-issued certificate of franchise authority
(CFA), pursuant to §§66.00-66.016 of the Public Utility Regulatory
Act (PURA).
Project Title and Number: Application of Time Warner Cable San Antonio,
L.P., doing business as Time Warner Cable, to Amend to its State-Issued Certificate
of Franchise Authority, Project Number 32973 before the Public Utility Commission
of Texas.
Information on the application may be obtained by contacting 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 toll free at 1-800-735-2989. All inquiries should reference
Project Number 32973.
TRD-200603875
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: July 24, 2006
The Public Utility Commission of Texas received an application on July
21, 2006, to amend a state-issued certificate of franchise authority (CFA),
pursuant to §§66.001-66.016 of the Public Utility Regulatory Act
(PURA).
Project Title and Number: Application of Time Warner Cable San Antonio,
L.P., doing business as Time Warner Cable, to Amend its State-Issued Certificate
of Franchise Authority, Project Number 32980 before the Public Utility Commission
of Texas.
Information on the application may be obtained by contacting 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 toll free at 1-800-735-2989. All inquiries should reference
Project Number 32980.
TRD-200603908
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: July 25, 2006
The Public Utility Commission of Texas received an application on July
21, 2006, to amend a state-issued certificate of franchise authority (CFA),
pursuant to §§66.001-66.016 of the Public Utility Regulatory Act
(PURA).
Project Title and Number: Application of Grande Communications Networks,
Incorporated to Amend its State-Issued Certificate of Franchise Authority,
Project Number 32981 before the Public Utility Commission of Texas.
Information on the application may be obtained by contacting 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 toll free at 1-800-735-2989. All inquiries should reference
Project Number 32981.
TRD-200603909
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: July 25, 2006
Notice is given to the public of the filing with the Public Utility Commission
of Texas of an application on July 20, 2006, for retail electric provider
(REP) certification, pursuant to §§39.101-39.109 of the Public Utility
Regulatory Act (PURA). A summary of the application follows.
Docket Title and Number: Application of ANPA HOLDINGS, LLC for Retail Electric
Provider (REP) certification, Docket Number 32965 before the Public Utility
Commission of Texas.
Applicant's requested service area by geography includes the entire State
of Texas.
Persons wishing to comment upon the action sought should contact the Public
Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326,
or by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than
August 11, 2006. Hearing and speech-impaired individuals with text telephone
(TTY) may contact the commission at (512) 936-7136 or toll free at 1-800-735-2989.
All comments should reference Docket Number 32965.
TRD-200603877
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: July 24, 2006
Notice is given to the public of the filing with the Public Utility Commission
of Texas (commission) of an application filed on July 20, 2006, for a waiver
of P.U.C. Substantive Rule §25.101(b)(3).
Docket Style and Number: Application of Southwestern Public Service Company
for a Waiver of P.U.C. Substantive Rule §25.101(b)(3). Docket Number
32971.
The Application: Southwestern Public Service Company (SPS) is requesting
permission from the commission to construct a temporary single-pole 69 kV
transmission line approximately 1.5 miles in length to serve the Mid American
Pipeline Company (MAPCO) facility near Seminole, Texas, and a waiver of P.U.C.
Substantive Rule §25.101(b)(3) so it can construct and operate the temporary
line without obtaining a Certificate of Convenience and Necessity (CCN). The
temporary 69 kV transmission line will be used while an eight mile transmission
line and two substations are being upgraded. The temporary 69 kV line is expected
to be in service for approximately two years and will be removed upon completion
of the upgrades. SPS has obtained written consent from all landowners on the
proposed temporary line route to construct and operate the temporary line.
Persons wishing to comment on the action sought or intervene 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 32971.
TRD-200603873
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: July 24, 2006
Notice is given to the public of the filing with the Public Utility Commission
of Texas of an application filed on July 20, 2006, for an amendment to certificated
service area boundaries within Nueces County, Texas.
Docket Style and Number: Joint Application of Nueces Electric Cooperative,
Incorporated and AEP Texas Central Company for a Certificate of Convenience
and Necessity for Service Area Boundaries within Nueces County. Docket Number
32972.
The Application: Nueces Electric Cooperative, Incorporated (NEC) and AEP
Texas Central Company (TCC) requested a boundary amendment to clarify an error
in marking boundaries on a map filed in Docket Number 30633. The area impacted
by the proposed boundary amendment was intended to become singly certificated
to TCC; however the intended proposed boundary in this area was marked in
error on the Nueces County map submitted in Docket Number 30633. Currently,
TCC owns and operates all of the electric distribution facilities within the
area and TCC provides electric delivery service to all of the customers within
the area.
Persons wishing to comment on the action sought or intervene should contact
the Public Utility Commission of Texas no later than August 11, 2006, 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
32972.
TRD-200603874
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: July 24, 2006
Notice is given to telecommunications providers of a reporting requirement
pursuant to P.U.C. Substantive Rule §26.420(f).
Project Style and Number: Waivers to Apply Safe-Harbor Percentage to Calculate
TUSF Assessment Pursuant to P.U.C. Substantive Rule §26.420(f). Project
Number 32969.
Description: The recently adopted amendment to P.U.C. Substantive Rule §26.420(f),
Assessments for the TUSF, effective July 20, 2006, requires telecommunications
providers to report actual intrastate taxable telecommunications receipts
by January 1, 2007; certain providers may obtain a waiver that would allow
the provider to apply a safe-harbor percentage.
Effective January 1, 2007, starting with the January 2007 report, the Commission
will require all telecommunications providers to contribute to the Texas Universal
Service Fund (TUSF) based on their actual intrastate telecommunications receipts
pursuant to Chapter 151 of the Texas Tax Code.
Pursuant to P.U.C. Substantive Rule §26.420(f)(3)(B)--available for
download at http://www.puc.state.tx.us/rules/rulemake/28708/28708.cfm--a provider
that contributes more than $500/month to the fund but is unable to calculate
actual intrastate receipts must apply for a waiver to use a Commission-ordered
safe-harbor percentage (see Order in Docket Number 21208). A provider that
contributes less than $500/month does not need a wavier to use the Commission-ordered
safe-harbor percentage to calculate its assessment. Currently, about 400 providers
contribute more than $500 per month to the fund, and out of that subset of
providers, it is anticipated that roughly 20% (or about 80) will seek a waiver
to apply a safe-harbor percentage.
The Commission recommends that waivers be filed by November 1, 2006, at
the latest, to ensure an effective date prior to the January 1, 2007, deadline.
For publicly filed information, please submit the original filing plus
three hard copies to: Texas Public Utility Commission, Central Records, 1701
N. Congress Ave., P.O. Box 13326, Austin, TX 78711-3326. All filings shall
reference Project Number 32969.
If confidential treatment is requested for information submitted in support
of the wavier request, the confidential information must be submitted to Central
Records pursuant to P.U.C. Procedural Rule §22.71, which may be downloaded
at http://www.puc.state.tx.us/rules/procrules/pr-e/22.71/22.71.pdf; quantitative
supporting documentation must be provided in both hard copy and electronic
versions (e.g., diskette or CD ROM).
For assistance in filing public material, please contact the Filing Clerk
in Central Records at (512) 936-7180. For assistance in filing confidential
material pursuant to P.U.C. Procedural Rule §22.71, please contact Carol
Milner at (512) 936-7279.
If you have any questions or require assistance in this matter, please
contact Rosemary McMahill at rosemary.mcmahill@puc.state.tx.us or at (512)
936-7244 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.
TRD-200603878
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: July 24, 2006
Notice for Comments
The Texas Residential Construction Commission's Advisory Committee on Warranties
and Building and Performance Standards plans to meet on September 12, 2006
at 1:30 p.m. in the commission's hearing room at 311 E. 14th St., Suite 200,
Austin, Texas. If you plan to attend and need, require auxiliary aids, services
or materials in an alternate format, please contact the Texas Residential
Construction Commission at least five (5) working days prior to the meeting
date. Phone: (512) 463-1040, FAX: (512) 463-9507, E-MAIL: dora.rivera@trcc.state.tx.us.
TDD Relay Texas: 1-800-relay-VV (for voice), 1-800-TX (for TDD).
Interested persons who have suggestions for amending the warranties and
building and performance standards adopted by the commission pursuant to Title
16 of the Property Code must submit those suggestions in writing to the commission
by the close of business Tuesday, August 15, 2006. The adopted warranties
and building and performance standards can be located with the commission's
adopted rules Chapter 304, which are on the commission's website at www.trcc.state.tx.us/Rules.
The rules can also be located on the Secretary of State's website www.sos.state.tx.us
under Title 10, Texas Administrative Code Chapter 304.
Mail comments to "Standards Advisory Committee c/o Texas Residential Construction
Commission, P.O. Box 13144, Austin, TX 78711-3144 or send comments electronically
to comments@trcc.state.tx.us. Comments sent electronically must have "Standards
Advisory Committee" in the subject line or they may not be considered." Comments
should be organized consistent with the organization of the rules. Comments
not received by 5 p.m. on Tuesday August 15, 2006, will not be considered
at the September 12, 2006 meeting.
TRD-200603905
Susan K. Durso
General Counsel
Texas Residential Construction Commission
Filed: July 25, 2006
Coastal Coordination Council
Comptroller of Public Accounts
Office of Consumer Credit Commissioner
Texas Education Agency
Texas Commission on Environmental Quality
Enforcement Orders
Notice of Availability of the Draft July 2006 Update to the Water Quality Management Plan
Proposal for Decision
Proposal for Decision
Request for Nominations for Appointment to the Pollution Prevention Advisory Committee
Texas Health and Human Services Commission
Texas Department of Housing and Community Affairs
Notice of Public Hearing
Notice of Public Hearing
Texas Department of Insurance
Third Party Administrator Applications
Texas Lottery Commission
Instant Game Number 731 "Money Maker"
Texas Board of Professional Land Surveying
Public Utility Commission of Texas
Announcement of Application for Amendment to a State-Issued Certificate of Franchise Authority
Announcement of Application for Amendment to a State-Issued Certificate of Franchise Authority
Notice of Application for a Certificate to Provide Retail Electric Service
Notice of Application for a Waiver of P.U.C. Substantive Rule §25.101(b)(3)
Notice of Application to Amend Certificated Service Area Boundaries in Nueces County, Texas
Notice to Telecommunications Providers of a Reporting Requirement Pursuant to P.U.C. Substantive Rule §26.420(f)
Texas Residential Construction Commission
Texas Department of Transportation