Department of Assistive and Rehabilitative Services
Notice of Solicitation of Comments Relating to Annual Application for Federal Funds for Early Childhood Intervention
The Department of Assistive and Rehabilitative Services (DARS), Division
for Early Childhood Intervention, is soliciting comments related to its annual
application for federal funds for early childhood intervention. DARS will
be requesting funding under the Individuals with Disabilities Education Act,
Part C, for federal fiscal year 2007. The funding application will be submitted
to the U. S. Department of Education, Office of Special Education Programs,
on April 7, 2006. To request copies of annual funding application or to make
comments concerning early childhood intervention contact:
Mary Beth O'Hanlon
Assistant Commissioner
Early Childhood Intervention
Department of Assistive & Rehabilitative Services
4900 North Lamar Blvd., Mail Code 3029
Austin, Texas 78751-2399
(512) 424-6753
TRD-200600636
Sylvia F. Hardman
Deputy Commissioner for Legal Services
Department of Assistive and Rehabilitative Services
Filed: February 8, 2006
Notice of Settlement of a Texas Clean Air Act Enforcement Action
Notice is hereby given by the State of Texas of the following proposed
resolution of an environmental enforcement lawsuit under the Texas Water and
Health & Safety Codes. Before the State may settle a judicial enforcement
action, pursuant to the Texas Water Code, the State shall permit the public
to comment in writing on the proposed judgment. The Attorney General will
consider any written comments and may withdraw or withhold consent to the
proposed agreed judgment if the comments disclose facts or considerations
that indicate that the consent is inappropriate, improper, inadequate, or
inconsistent with the requirements of the Acts.
Case Title and Court: Settlement Agreement in Harris County,
type-name="bold">Texas and the State of Texas v. Control Solutions, Inc.
,
Cause No. 2005-51857, in the 80th Judicial District Court of Harris County,
Texas.
Background: The State, on behalf of the Texas Commission on Environmental
Quality (TCEQ or Commission), joined in this suit with Harris County to enforce
against violations of the Texas Clean Air Act and Clean Water Act at a pesticide
and herbicide manufacturing plant in Pasadena, Texas. The defendant is Control
Solutions, Inc. The violations arise from an explosion and fire at the plant
on March 9, 2004, that resulted in prohibited emissions and a release of industrial
waste into the water.
Nature of Settlement: The proposed settlement with Control Solutions, Inc.
orders a payment of $56,250.00 in civil penalties; $1,850.00 in attorney's
fees to the State of Texas and Harris County; and court costs.
For a complete description of the proposed settlement, the Agreed Final
Judgment should be reviewed. Requests for copies of the judgment, and written
comments on the proposed settlement should be directed to Mary Smith, Assistant
Attorney General, Office of the Texas Attorney General, P.O. Box 12548, Austin,
Texas 78711-2548, (512) 463-2012, facsimile (512) 320-0052. Written comments
must be received within 30 days of publication of this notice to be considered.
For information regarding this publication, contact
Lauri Saathoff, Agency Liaison, at (512) 463-2096.
TRD-200600564
Stacey Schiff
Deputy Attorney General
Office of the Attorney General
Filed: February 3, 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 January 27, 2005,
through February 2, 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 February 8,
2006. The public comment period for these projects will close at 5:00 p.m.
on March 10, 2006.
FEDERAL AGENCY ACTIONS:
Applicant: University of Texas Marine Science Institute
(UTMSI)
; Location: The proposed Mission-Aransas National Estuarine
Research Reserve (Reserve) includes submerged lands within Mission, Copano,
Aransas, Redfish, Mesquite, Ayers, and St. Charles Bays, managed by the Texas
General Land Office; parts of the Aransas National Wildlife Refuge, managed
by the United States Fish and Wildlife Service; Goose Island State Park, managed
by the Texas Parks and Wildlife Department; Buccaneer Cove Preserve, owned
by the Coastal Bend Land Trust; and Fennessey Ranch, a privately owned ranch.
A map illustrating the boundaries of the proposed reserve is available at:
ww.utmsi.utexas.edu/nerr/NERRsiteMap.htm. Project Description: In 2004, Governor
Rick Perry nominated the Mission-Aransas estuary for designation by the National
Oceanic and Atmospheric Administration (NOAA) as a National Estuarine Research
Reserve (NERR). NERRs serve to promote informed management of the Nation's
estuarine and coastal habitats. This mission is carried out through linked
programs of stewardship, education, and scientific understanding. State and
local governments manage individual estuarine research reserves. NOAA, through
the Office of Ocean and Coastal Resource Management, designates sites and
administers the overall NERR System. UTMSI has been assigned by the Governor
overall responsibility for the management and operation of the proposed Reserve.
As required by NOAA implementing regulations at 15 CFR Part 921, the State
of Texas and NOAA held meetings throughout the region to provide opportunities
for public involvement in developing an environmental impact statement and
management plan for operation of the Reserve. The Draft Programmatic Environmental
Impact Statement/Draft Management Plan (DPEIS/DMP) was made available for
public review and comment from October 7 through November 23, 2005 and is
available on the UTMSI web site at www.utmsi.utexas.edu/nerr. The Final Environmental
Impact Statement/Final Management Plan (FEIS/FMP) is currently available for
public review at the UTMSI web site listed above. Designation of the Reserve
constitutes a major Federal action with reasonably foreseeable beneficial
effects to Texas' coastal resources. In accordance with the CZMA, 16 U.S.C. §1456(c)(1)(A),
NOAA has determined that the designation of the proposed Reserve is being
carried out in a manner that is, to the maximum extent practicable, consistent
with the enforceable policies of the approved Texas Coastal Management Program.
NOAA's consistency determination (CD) states that designation of the proposed
reserve supports the goals and policies within the Texas CMP by addressing
the need to understand, conserve, and manage the state's coastal natural resource
areas (CNRAs). Specifically, the Reserve will support protection of representative
CNRAs by increasing the understanding of the biotic and physical nature of
these areas for the purpose of increasing awareness and stewardship of coastal
resources and minimizing future impacts of human activities to these areas.
The CD identifies several Texas CMP goals are applicable to the designation
of the proposed Reserve. The first applicable goal states "to protect, preserve,
and enhance the diversity, quality, quantity, functions, and values of coastal
natural resource areas" (31 TAC §501.12(1)). The proposed Reserve will
support protection of representative CNRAs by increasing understanding of
the structure and function of Texas coastal ecosystems. The Reserve will promote
research activities within CNRAs to promote stewardship of coastal resources
to minimize future human impacts in the coastal zone. Also, the CD states
that existing state protections for CNRAs ensures a stable environment for
long-term research and is consistent with NERR research goal 15 CFR Part 921.1(b)
(1). The CD states that designation of the Reserve will also provide opportunities
to improve scientific information and education in a comprehensive approach
to managing the Texas coastal ecosystems. A second applicable goal is "to
educate the public about the principal coastal problems of state concern and
technology available for the protection and improved management of CNRAs"
(31 TAC §501.12(10)). Under the proposed management plan, the Reserve
will implement activities (i.e., Reserve Advisory Board, K-12 education, and
the Coastal Training Program) that increase understanding of coastal ecosystems
to diverse audiences, including coastal decision makers. With regard to environmental
impacts, the CD states that research, education, and coordinated stewardship
activities within the Reserve and described in the management plan will support
the State's efforts to protect and manage CNRAs as per (31 TAC §501.12(1)).
The CD states that designation of the Reserve will have no adverse economic
impacts to existing and traditional uses within the Reserve boundaries. This
is consistent with the CMP goal to "ensure sound management of all coastal
resources by allowing for compatible economic development and multiple human
uses of the coastal zone" (31 TAC §501.12 (2)). There will be no change
in land ownership; therefore, there will be no loss of tax revenue with the
designation of the Reserve. In addition, designation of the Reserve and approval
of its management plan will not change existing local, state, or federal laws/regulations
relating to current and traditional uses. Type of Application: Designation
by NOAA of the proposed Mission-Aransas Estuary System as a NERR pursuant
to authority granted in 16 USCA §1461 and 15 CFR Part 921. Note: In accordance
with 15 CFR §921.4(b), NOAA is responsible for certifying that designation
of the Reserve is consistent with the Texas CMP. The Coastal Coordination
Council must concur with or object to the certification.
Applicant: Velasco Drainage District
; Location:
The project is located in an unnamed ditch intersecting the Clute-Lake Jackson
Drainage Canal at FM 523, in Brazoria County, Texas. The project can be located
on the U.S.G.S. quadrangle map entitled: Freeport, Texas. Approximate UTM
Coordinates in NAD 27 (meters): Zone 15; Easting: 272150; Northing: 3207798.
Project Description: The applicant requests permission to reroute an existing
503-foot-long by 15- to 34-foot-wide drainage ditch that flows into the Clute-Lake
Jackson Drainage Canal. The existing ditch is located within the TxDOT FM
523 right-of-way (ROW); the applicant proposes to excavate 2,000 cubic yards
of material to construct a new 503-foot-long by 34- to 40-foot wide drainage
ditch, immediately to the east of the existing ditch, outside the TxDOT ROW,
and to fill the existing ditch with 1,865 cubic yards of the excavated fill
dirt. The remaining 135 cubic yards of fill material will be removed from
the site and placed in uplands. Depth in the existing ditch is -0.5 feet below
ordinary high water. Depth in the proposed ditch will be -0.5 feet below mean
high water. CCC Project No.: 06-0132-F1; Type of Application: U.S.A.C.E. permit
application #23967 is being evaluated under §10 of the Rivers and Harbors
Act of 1899 (33 U.S.C.A. §403) and §404 of the Clean Water Act (33
U.S.C.A. §1344).
Applicant: Michael R. McDaniel
; Location:
The project is located south of the Crystal Beach Cemetery in Crystal Beach,
Galveston County, Texas. The project can be located on the U.S.G.S. quadrangle
map entitled: Flake, Texas. Approximate UTM Coordinates in NAD 27 (meters):
Zone 15; Easting: 338987; Northing: 3257706. Project Description: The applicant
proposes to discharge fill into approximately 0.40 acres of dune swale wetlands
during the construction of a 7-lot residential area, "Adventurous Spirit".
The discharge is needed to provide access to the property and produce buildable
lots. The total project area, which includes the proposed 2.52-acre mitigation
reserve, is 7.59 acres in size. An access road will be constructed perpendicular
to East Road and through lots 114 and 115 to minimize impacts to Wetlands
3 and 2A. To compensate for impacts to dune swale wetlands, the applicant
proposes to avoid and preserve wetlands. Wetland 1A would be protected by
a 10-foot building setback. Wetland 10 would have a 20-foot setback and would
be further protected by placing a decorative cable and pier fencing as a line
of demarcation to separate this wetland from the living space of the lot owner.
The mitigation reserve site would contain a total of 2.52 acres, representing
1.81 acres of wetlands and 0.70 acre of buffer uplands. The applicant proposes
to set aside the mitigation reserve area in a conservation easement to an
approved third party conservation easement holder such as the Galveston Bay
Foundation. The applicant also proposes enhancing the existing wetlands in
the reserve area by selective removal of tallow trees from the site. CCC Project
No.: 06-0154-F1; Type of Application: U.S.A.C.E. permit application #23977
is being evaluated under §404 of the Clean Water Act (33 U.S.C.A. §1344).
Applicant: Davis Petroleum Corporation
; Location:
The project is located in Galveston Bay, State Tract 204, Well No. 2, approximately
6 miles east-southeast of Baytown, in Chambers County, Texas. The project
can be located on the U.S.G.S. quadrangle map entitled: Bacliff, Texas. Approximate
UTM Coordinates in NAD 27 (meters): Zone 15; Easting: 317756; Northing: 3272629.
Project Description: The applicant proposes to install, operate, and maintain
structures and equipment necessary for oil and gas drilling, production, and
transportation activities. Such activities include installation of typical
marine barges and keyways, shell and/or gravel pad, production structures
with attendant facilities, and flowlines. For the construction of the shell
and/or gravel pad, approximately 2,667 cubic yards of shell, gravel, or crushed
rock will be discharged to construct a 240-foot-long by 100-foot-wide by at
most a 3-foot-deep pad to position the marine barge. CCC Project No.: 06-0155-F1;
Type of Application: U.S.A.C.E. permit application #24065 is being evaluated
under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. §403)
and §404 of the Clean Water Act (33 U.S.C.A. §1344). Note: The consistency
review for this project may be conducted by the Texas Railroad Commission
under §401 of the Clean Water Act.
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, Program Specialist, 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-200600630
Larry L. Laine
Chief Clerk/Deputy Land Commissioner, General Land Office
Coastal Coordination Council
Filed: February 7, 2006
Notice of Request for Proposals
Pursuant to §§403.011, 2155.001, and 2156.121, Texas Government
Code, and Chapter 54, Subchapter F, §§54.602, 54.611 - 618, and
54.636, Texas Education Code, the Comptroller of Public Accounts (Comptroller),
on behalf of the Texas Prepaid Higher Education Tuition Board (Board), announces
the issuance of its Request for Proposals (RFP #175i) for Domestic Large Capital
Growth Equity Investment Management Services ("Services") for the Board. The
selected respondent will assist the Comptroller and the Board by providing
the Services consistent with the Board's Investment Policy and Guidelines
related to the Texas Tomorrow Constitutional Trust Fund ("Fund"), as described
in this RFP and the contract, if any, resulting from it ("Contract"). The
Fund currently includes a prepaid tuition program and a college savings plan,
both as authorized under §529 of the Internal Revenue Code. The prepaid
tuition program currently has approximately $1.5 billion dollars in invested
assets. The Comptroller, as Chair and Executive Director of the Board, is
issuing this RFP in order that the Board may move forward with retaining the
necessary Services. The Comptroller and the Board reserve the right to award
more than one contract under the RFP. If approved by the Board, the successful
respondent(s) will be expected to begin performance of the contract on or
about June 1, 2006.
Contact: Parties interested in submitting a proposal should contact William
Clay Harris, Assistant General Counsel, Contracts, Comptroller of Public Accounts,
111 E. 17th St., Room G-24, Austin, Texas 78774, (512) 305-8673, to obtain
a complete copy of the RFP. The Comptroller will mail copies of the RFP only
to those parties specifically requesting a copy. The RFP will be available
for pick-up at the above-referenced address on Friday, February 17, 2006,
after 10:00 a.m. Central Zone Time (CZT), and during normal business hours
thereafter. The Comptroller will also make the entire RFP available electronically
on the Texas Marketplace after 10:00 a.m. CZT on Friday, February 17, 2006.
The website address is http://esbd.tbpc.state.tx.us.
Questions and Non-Mandatory Letters of Intent: All written inquiries, questions,
and non-mandatory Letters of Intent to propose must be received at the above-referenced
address not later than 2:00 p.m. (CZT) on Friday, March 3, 2006. Prospective
respondents are encouraged to fax non-mandatory Letters of Intent and Questions
to (512) 475-0973 to ensure timely receipt. The Letter of Intent must be addressed
to William Clay Harris, Assistant General Counsel, Contracts, and must contain
the information as stated in the corresponding Section of the RFP and be signed
by an official of that entity. Non-mandatory Letters of Intent and Questions
received after this time and date will not be considered. On or before Tuesday,
March 7, 2006, the Comptroller expects to post responses to questions as a
revision to the Texas Marketplace notice on the issuance of this RFP.
Closing Date: Proposals must be delivered to the Office of the Assistant
General Counsel, Contracts, at the location specified above (ROOM G24), no
later than 2:00 p.m. (CZT), on Friday, March 17, 2006. Proposals received
in ROOM G24 after this time and date will not be considered regardless of
the reason for the late delivery and receipt. Respondents are encouraged to
and solely responsible for verifying timely receipt of proposals in that office
(ROOM G24).
Evaluation Criteria: Proposals will be evaluated under the evaluation criteria
outlined in the RFP. The Board shall make the final decision on any contract
award or awards resulting from this RFP. The Comptroller and the Board each
reserve the right, in their sole discretion, to accept or reject any or all
proposals submitted. The Comptroller and the Board are not obligated to execute
any contracts on the basis of this notice or the distribution of any RFP.
The Comptroller and the Board shall not pay for any costs incurred by any
entity in responding to this notice or the RFP.
The anticipated schedule of events pertaining to this solicitation is as
follows: Issuance of RFP - February 17, 2006, after 10:00 a.m. CZT; Non-Mandatory
Letters of Intent to propose and Questions Due - March 3, 2006, 2:00 p.m.
CZT; Official Responses to Questions posted - March 7, 2006; Proposals Due
- March 17, 2006, 2:00 p.m. CZT; Contract Execution - June 1, 2006, or as
soon thereafter as practical; Commencement of Project Activities - June 1,
2006, or as soon thereafter as practical.
TRD-200600643
Pamela Smith
Deputy General Counsel, Contracts
Comptroller of Public Accounts
Filed: February 8, 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
and §303.009, Tex. Fin. Code.
The weekly ceiling as prescribed by §303.003 and §303.009 for
the period of 02/13/06 - 02/19/06 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 02/13/06 - 02/19/06 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.
TRD-200600622
Leslie L. Pettijohn
Commissioner
Office of Consumer Credit Commissioner
Filed: February 6, 2006
Public Notice Announcing the Availability of the Proposed Texas Individuals with Disabilities Education Act (IDEA) Eligibility Document: State Policies and Procedures
Purpose and scope of the Part B Federal Fiscal Year (FFY) 2006 State Application
and its relation to Part B of the Individuals with Disabilities Education
Improvement Act (IDEA). As a result of the 2004 amendments to the IDEA, all
states must ensure that the state has on file with the Secretary of the U.S.
Department of Education assurances that the state meets or will meet all of
the eligibility requirements of Part B of the IDEA as amended in 2004 by Public
Law 108-446. A state may do this by one of the following methods: (1) providing
assurances in the Part B FFY 2006 State Application that it has in effect
policies and procedures to meet the requirements of Part B of the IDEA as
amended in 2004 by Public Law 108-446; (2) providing assurances in the State
Application that the state will operate consistent with all the requirements
of Public Law 108-446 and applicable regulations and make such changes to
existing policies and procedures as are necessary to bring those policies
and procedures into compliance with the requirements of IDEA, as amended,
as soon as possible and not later than June 30, 2007; or (3) submitting modifications
to state policies and procedures previously submitted to the U.S. Department
of Education.
Based on the extensive changes to the IDEA, the State of Texas (Texas Education
Agency) has chosen to submit a State Application providing assurances the
state will operate consistent with all the requirements of Public Law 108-446
and applicable regulations and make such changes to existing policies and
procedures as are necessary to bring those policies and procedures into compliance
with the requirements of IDEA, as amended, as soon as possible and not later
than June 30, 2007.
Availability of the State Application. The Proposed State Application is
available on the Texas Education Agency (TEA) Special Education web page at
http://www.tea.state.tx.us/special.ed/eligdoc/index.html. The Proposed State
Application document may be reviewed and/or downloaded from this web page
address. In addition, instructions for submitting public comments are also
available from the same site. The Proposed State Application document will
also be available at the TEA, Library (Ground Floor), 1701 North Congress
Avenue, Austin, Texas 78701. Parties interested in reviewing the Proposed
State Application should contact the Division of IDEA Coordination at (512)
463-9414.
Procedures for submitting written comments about the Proposed State Application.
The TEA will accept written comments pertaining to the Proposed State Application
by mail to the Texas Education Agency, Division of IDEA Coordination, 1701
North Congress Avenue, Austin, Texas 78701-1494 or by e-mail to sped@tea.state.tx.us.
Timetable for submitting the Annual State Application under Part B of the
Individuals with Disabilities Education Act as amended in 2004 for FFY 2006
to the Secretary of Education for approval. After review and consideration
of all public comments, the TEA will make necessary/appropriate modifications
and will submit the State Application on or before April 21, 2006.
Further Information. For more information, contact the TEA Division of
IDEA Coordination by mail at 1701 North Congress Avenue, Room 6-127, Austin,
Texas 78701; by telephone at (512) 463-9414; by fax at (512) 463-9560; or
by e-mail at sped@tea.state.tx.us.
TRD-200600651
Cristina De La Fuente-Valadez
Director, Policy Coordination
Texas Education Agency
Filed: February 8, 2006
Enforcement Orders
A default order was entered regarding Harisar Petroleum, Inc. dba Fina
Quick Mart, Docket No. 2003-1072-PST-E on 02/01/2006 assessing $26,215 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.
A default order was entered regarding Mayfield McCraw dba McCraw Materials,
Docket No. 2004-1050-MLM-E on 01/26/2006 assessing $4,500 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.
A default order was entered regarding Hussain Liaqat dba Stop N Drive 33,
Docket No. 2004-1085-PST-E on 01/26/2006 assessing $3,150 in administrative
penalties.
Information concerning any aspect of this order may be obtained by contacting
Kathleen 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 Humble Partners Limited Partnership
dba Atascocita Village Mobile Home Park, Docket No. 2005-0306-PWS-E on 01/26/2006
assessing $368 in administrative penalties with $74 deferred.
Information concerning any aspect of this order may be obtained by contacting
Michael Limos, Enforcement Coordinator at 512/239-5839, Texas Commission on
Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding William R. Massey, LTD dba Lubrication
Service, Inc., Docket No. 2005-0387-UIC-E on 01/26/2006 assessing $1,000 in
administrative penalties with $200 deferred.
Information concerning any aspect of this order may be obtained by contacting
Tom 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 Matagorda County Water Control and
Improvement District No. 2, Docket No. 2005-0755-PWS-E on 01/26/2006 assessing
$1,418 in administrative penalties with $284 deferred.
Information concerning any aspect of this order may be obtained by contacting
Kimberly Morales, Enforcement Coordinator at 713/422-8938, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Zapata County, Docket No. 2005-0811-PWS-E
on 01/26/2006 assessing $1,600 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 City of Winters, Docket No. 2005-1017-PWS-E
on 01/26/2006 assessing $1,360 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Craig Fleming, Enforcement Coordinator at 512/239-5806, Texas Commission on
Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Meridian Precast & Granite, Inc.,
Docket No. 2005-1090-WQ-E on 01/26/2006 assessing $2,080 in administrative
penalties with $416 deferred.
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 Canyon Lake Water Supply Corporation,
Docket No. 2005-1176-PWS-E on 01/26/2006 assessing $1,310 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 City of Jasper, Docket No. 2005-1198-PWS-E
on 01/26/2006 assessing $1,200 in administrative penalties with $240 deferred.
Information concerning any aspect of this order may be obtained by contacting
Craig Fleming, Enforcement Coordinator at 512/239-5806, Texas Commission on
Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding City of Point Comfort, Docket No.
2005-1259-PWS-E on 01/26/2006 assessing $288 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Cheryl Thompson, Enforcement Coordinator at 817/588-5886, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding United States Department of Agriculture,
Animal and Plant Health Inspection Service, Docket No. 2005-1262-PWS-E on
01/26/2006 assessing $655 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Mac Vilas, Enforcement Coordinator at 512/239-2557, Texas Commission on Environmental
Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Brookeland FWSD, Docket No. 2005-1276-PWS-E
on 01/26/2006 assessing $318 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 Mathis, Docket No. 2005-1328-PWS-E
on 01/26/2006 assessing $1,290 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Sandy VanCleave, Enforcement Coordinator at 512/239-0667, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding City of Jacksboro, Docket No. 2005-1329-PWS-E
on 01/26/2006 assessing $645 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 Sebastian Municipal Utility District,
Docket No. 2005-1358-PWS-E on 01/26/2006 assessing $480 in administrative
penalties with $96 deferred.
Information concerning any aspect of this order may be obtained by contacting
Carolyn Lind, Enforcement Coordinator at 903/535-5145, Texas Commission on
Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Baybrook Municipal Utility District
1, Docket No. 2005-1410-PWS-E on 01/26/2006 assessing $625 in administrative
penalties.
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 Mackenzie Municipal Water Authority,
Docket No. 2005-1414-PWS-E on 01/26/2006 assessing $1,250 in administrative
penalties.
Information concerning any aspect of this order may be obtained by contacting
Steven Lopez, Enforcement Coordinator at 512/239-1896, Texas Commission on
Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Aquilla Water Supply District, Docket
No. 2005-1515-PWS-E on 01/26/2006 assessing $1,370 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Mike 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 Linh-Son Buddhist Association of
Texas, Docket No. 2005-1574-PWS-E on 01/26/2006 assessing $1,275 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 Forrest A. Dillon dba Reliable Wastewater
Management, Docket No. 2005-1612-SLG-E on 01/26/2006 assessing $750 in administrative
penalties with $150 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 BP Amoco Chemical Company, Docket
No. 2005-0361-AIR-E on 01/26/2006 assessing $1,0725 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Jaime Garza, Enforcement Coordinator at 956/430-6030, Texas Commission on
Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding East Texas Asphalt Co. Ltd., Docket
No. 2005-1305-AIR-E on 01/26/2006 assessing $3,500 in administrative penalties
with $700 deferred.
Information concerning any aspect of this order may be obtained by contacting
John Barry, Enforcement Coordinator at 409/899-8781, Texas Commission on Environmental
Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Lyondell-Citgo Refining LP, Docket
No. 2005-0754-AIR-E on 01/26/2006 assessing $16,400 in administrative penalties
with $3,280 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 City of Robstown Utility Systems,
Docket No. 2005-1491-AIR-E on 01/26/2006 assessing $1,875 in administrative
penalties with $375 deferred.
Information concerning any aspect of this order may be obtained by contacting
Kimberly Morales, Enforcement Coordinator at 713/422-8938, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Innovene Polymers Inc., Docket No.
2005-1213-AIR-E on 01/26/2006 assessing $7,500 in administrative penalties.
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 Sweetwater Ready-Mix Concrete Co.,
Docket No. 2005-1724-AIR-E on 01/26/2006 assessing $1,840 in administrative
penalties with $368 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 Western Cabinets, Inc., Docket No.
2005-1306-AIR-E on 01/26/2006 assessing $4,375 in administrative penalties
with $875 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 Calhoun County Navigation Industrial
Development Authority, Docket No. 2005-1397-AIR-E on 01/26/2006 assessing
$2,075 in administrative penalties with $415 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 Little Big Inch Pipeline Company
Inc, Docket No. 2005-1542-AIR-E on 01/26/2006 assessing $1,200 in administrative
penalties with $240 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 Chevron Phillips Chemical Company
LP, Docket No. 2004-1533-AIR-E on 01/26/2006 assessing $278,250 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 Invista S.A.R.L., Docket No. 2005-0346-AIR-E
on 01/26/2006 assessing $9,000 in administrative penalties with $1,800 deferred.
Information concerning any aspect of this order may be obtained by contacting
Edward 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 Western Extrusions Corporation, Docket
No. 2005-1697-AIR-E on 01/26/2006 assessing $2,150 in administrative penalties
with $430 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 Total Petrochemicals USA, Inc., Docket
No. 2005-0540-AIR-E on 01/26/2006 assessing $16,100 in administrative penalties
with $3,220 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 Penreco, Docket No. 2005-0928-IWD-E
on 01/26/2006 assessing $9,960 in administrative penalties with $1,992 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 C. Bonner & Son Auto Crushing,
Inc., Docket No. 2005-1483-MLM-E on 01/26/2006 assessing $5,250 in administrative
penalties with $1,050 deferred.
Information concerning any aspect of this order may be obtained by contacting
Steven Lopez, Enforcement Coordinator at 512/239-1896, Texas Commission on
Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Liquid Environmental Solutions of
Texas, L.P., Docket No. 2004-1258-MLM-E on 01/26/2006 assessing $2,200 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 City of Edinburg, Docket No. 2004-0382-MSW-E
on 01/26/2006 assessing $16,275 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Jaime Garza, Enforcement Coordinator at 956/430-6030, Texas Commission on
Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Pete Gallegos Paving, Inc., Docket
No. 2005-1454-MSW-E on 01/26/2006 assessing $2,000 in administrative penalties
with $400 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.
A default order was entered regarding David Williams dba Shelby Trash Service,
Docket No. 2004-0950-MSW-E on 01/26/2006 assessing $5,250 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 Alvarado Independent School District,
Docket No. 2005-0536-MWD-E on 01/26/2006 assessing $6,500 in administrative
penalties with $1,300 deferred.
Information concerning any aspect of this order may be obtained by contacting
Mike 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 Pine Tree MHP Landowners Association,
Docket No. 2004-0002-MWD-E on 01/26/2006.
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 City of Rosenberg, Docket No. 2005-0842-MWD-E
on 01/26/2006 assessing $15,900 in administrative penalties with $3,180 deferred.
Information concerning any aspect of this order may be obtained by contacting
J. Mac Vilas, Enforcement Coordinator at 512/239-2557, Texas Commission on
Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding City of Bryan, Docket No. 2005-1065-MWD-E
on 01/26/2006 assessing $9,690 in administrative penalties with $1,938 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 Montgomery County Municipal Utility
District 24, Docket No. 2005-1142-MWD-E on 01/26/2006 assessing $2,780 in
administrative penalties with $556 deferred.
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 City of Karnes City, Docket No. 2004-0521-MWD-E
on 01/26/2006 assessing $28,430 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Jill McNew, Enforcement Coordinator at 512/239-0560, Texas Commission on Environmental
Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding City of Cotulla, Docket No. 2005-0577-MWD-E
on 01/26/2006 assessing $23,760 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
J. Mac Vilas, Enforcement Coordinator at 512/239-2557, Texas Commission on
Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Tawakoni Waste Water Corporation,
Docket No. 2005-0598-MWD-E on 01/26/2006 assessing $5,800 in administrative
penalties with $1,160 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 Shelbyville Independent School District,
Docket No. 2005-0923-MWD-E on 01/26/2006 assessing $5,985 in administrative
penalties with $1,197 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 Marlin, Docket No. 2005-1104-MWD-E
on 01/26/2006 assessing $11,055 in administrative penalties with $2,211 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 Kingsville, Docket No. 2004-1920-MWD-E
on 01/26/2006 assessing $9,100 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
J. Mac Vilas, Enforcement Coordinator at 512/239-2557, Texas Commission on
Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Jackson County Water Control and
Improvement District 2, Docket No. 2005-1256-MWD-E on 01/26/2006 assessing
$11,160 in administrative penalties with $2,232 deferred.
Information concerning any aspect of this order may be obtained by contacting
Mike 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 Garrett Creek Ranch, Inc., Docket
No. 2005-1334-MWD-E on 01/26/2006 assessing $12,095 in administrative penalties.
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 Dessau Fountains Estates, L.L.C.,
Docket No. 2005-0509-MWD-E on 01/26/2006 assessing $16,625 in administrative
penalties with $3,325 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 City of Franklin, Docket No. 2005-0968-MWD-E
on 01/26/2006 assessing $9,270 in administrative penalties with $1,854 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 Boring Specialties, Inc., Docket
No. 2005-0712-MWD-E on 01/26/2006 assessing $2,740 in administrative penalties
with $548 deferred.
Information concerning any aspect of this order may be obtained by contacting
Carolyn Lind, Enforcement Coordinator at 903/535-5145, Texas Commission on
Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding 18 Hours Incorporated dba 18 Hour
Food Mart, Docket No. 2005-1461-PST-E on 01/26/2006 assessing $800 in administrative
penalties with $160 deferred.
Information concerning any aspect of this order may be obtained by contacting
J. Mac Vilas, Enforcement Coordinator at 512/239-2557, Texas Commission on
Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Paco Steel Corp dba Best Park Warehouse,
Docket No. 2004-1029-PST-E on 01/26/2006 assessing $1,050 in administrative
penalties.
Information concerning any aspect of this order may be obtained by contacting
Deborah Bynum, Staff Attorney at 512/239-1976, Texas Commission on Environmental
Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Lacefield Investments, Inc. dba Don's
Port Marina, Docket No. 2005-0195-PST-E on 01/26/2006 assessing $1,900 in
administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Kathleen 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 Heroes Quick Stop, Inc. dba Wez Mart
2, Docket No. 2005-1046-PST-E on 01/26/2006 assessing $5,000 in administrative
penalties with $1,000 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 Crystal Beach Corporation dba Sweads
Grocery, Docket No. 2004-1565-PST-E on 01/26/2006 assessing $8,925 in administrative
penalties.
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 John Keith Wright dba Trackside Grocery,
Docket No. 2005-1512-PST-E on 01/26/2006 assessing $1,900 in administrative
penalties with $380 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 John Keith Wright dba Trackside Grocery,
Docket No. 2005-1512-PST-E on 01/26/2006 assessing $1,900 in administrative
penalties with $380 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 Sultan Enterprises, Inc. dba Stop-N-Drive
27, Docket No. 2005-0680-PST-E on 01/26/2006 assessing $9,450 in administrative
penalties with $1,890 deferred.
Information concerning any aspect of this order may be obtained by contacting
Chad Blevins, 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 Shine Enterprises, Inc. dba Fuel
Express, Docket No. 2005-1015-PST-E on 01/26/2006 assessing $14,175 in administrative
penalties with $2,835 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 Sadash Corporation dba Knob Hill
Kwik Stop, Docket No. 2005-1214-PST-E on 01/26/2006 assessing $2,400 in administrative
penalties with $480 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 Jeswood Oil Company, Docket No. 2004-2113-PST-E
on 01/26/2006 assessing $21,000 in administrative penalties with $4,200 deferred.
Information concerning any aspect of this order may be obtained by contacting
Ruben Soto, Enforcement Coordinator at 512/239-4571, Texas Commission on Environmental
Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Henderson County Justice Center,
Docket No. 2005-0835-PST-E on 01/26/2006 assessing $2,790 in administrative
penalties with $558 deferred.
Information concerning any aspect of this order may be obtained by contacting
Tom 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 Farmers Cooperative Association of
O'Donnell, Texas, Docket No. 2005-0747-PST-E on 01/26/2006 assessing $26,520
in administrative penalties with $5,304 deferred.
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 Beaumont I.S.D. Public Facility Corporation,
Docket No. 2005-1570-PST-E on 01/26/2006 assessing $2,500 in administrative
penalties with $500 deferred.
Information concerning any aspect of this order may be obtained by contacting
Melissa Keller, Enforcement Coordinator at 512/239-1768, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding B. K. Trading, Inc. dba Speedy Stop
2, Docket No. 2005-1156-PST-E on 01/26/2006 assessing $3,150 in administrative
penalties with $630 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 Aslam Mohammed dba One Stop Pantry,
Docket No. 2003-0910-PST-E on 01/26/2006 assessing $2,400 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.
TRD-200600641
LaDonna Castañuela
Chief Clerk
Texas Commission on Environmental Quality
Filed: February 8, 2006
Notices mailed February 6 and February 27, 2006:
TCEQ Internal Control No. 07282005-D01; Becker Road LP (Petitioner) filed
a petition for creation of Harris County Municipal Utility District No. 434
(District) with the Texas Commission on Environmental Quality (TCEQ). The
petition was filed pursuant to Article XVI, Section 59 of the Constitution
of the State of Texas; Chapters 49 and 54 of the Texas Water Code; 30 Texas
Administrative Code Chapter 293; and the procedural rules of the TCEQ. The
petition states the following: (1) the Petitioner is the owner of a majority
in value of the land to be included in the proposed District; (2) there is
one lien holder, Hibernia National Bank, on the property to be included in
the proposed District, and the Petitioner has provided the TCEQ with a certificate
evidencing its consent to the creation of the proposed District; (3) the proposed
District will contain approximately 523.997 acres located in Harris County,
Texas; and (4) the proposed District is within the extraterritorial jurisdiction
of the City of Houston, Texas, and no portion of land within the proposed
District is within the corporate limits or extraterritorial jurisdiction of
any other city, town or village in Texas. By Ordinance No. 2005-290, effective
March 30, 2005, the City of Houston, Texas, gave its consent to the creation
of the proposed District. The petition further states that the proposed District
will: (1) purchase, construct, acquire, maintain and operate a waterworks
and sanitary sewer system for municipal, domestic, industrial and commercial
purposes; (2) acquire, construct, operate and maintain a system to gather,
conduct, divert, and control local storm water or other local harmful excesses
of water within the District; (3) purchase, acquire, construct, own, lease,
extend, improve, operate, maintain, and repair such additional improvements,
facilities, plants, equipment, and appliances consistent with the purposes
for which the District is organized, all as more particularly described in
an engineer's report filed simultaneously with the filing of the petition.
According to the petition, the Petitioner has conducted a preliminary investigation
to determine the cost of the project, and from the information available at
the time, the cost of the project is estimated to be approximately $25,040,000.
The Executive Director may approve a petition unless a written request for
a contested case hearing is filed within 30 days after the newspaper publication
of the notice. If a hearing request is filed, the Executive Director will
not approve the petition and will forward the petition and hearing request
to the TCEQ Commissioners for their consideration at a scheduled Commission
meeting.
TCEQ Docket No. 2005-1650-DIS; The Texas Commission on Environmental Quality
(TCEQ) will conduct a hearing on an application for dissolution (Application)
of Montgomery County Municipal Utility District No. 70 (District). The Application
was filed with the TCEQ and included a petition by LGI Land, LLC, as landowner;
Woodforest National Bank, as first lienholder; and Vision Mortgage, Inc.,
as second lienholder (Applicants), being owners of property located within
the District. The TCEQ will conduct this hearing under the authority of Chapters
49 and 54 of the Texas Water Code, Title 30, Chapter 293 of the Texas Administrative
Code and the procedural rules of the TCEQ. The TCEQ will conduct the hearing
at: 9:30 a.m., Wednesday, May 17, 2006; Building E, Room 201S; 12100 Park
35 Circle; Austin, Texas. The District was created by Acts 1985, 69 Leg.,
Chapter 856 (SB 1357) on June 15, 1985. Under this law the District had the
authority to operate under Texas Water Code Chapters 49 and 54 as a municipal
utility district. The petition filed with the Application states that dissolution
is desirable and necessary because the District is not required for the development
of land within its boundaries. The petition filed with the Application states
that the District: (1) has not performed any of the functions for which it
was created for five consecutive years preceding the date of the Application,
(2) is financially dormant, and (3) has no outstanding bonded indebtedness.
An affidavit from the State Comptroller of Public Accounts has been included
in the Application, certifying that the District has no bonded indebtedness.
If the request for dissolution is approved, the District's assets, if any,
will escheat to the State of Texas and will be administered by the State Comptroller
of Public Accounts and disposed of in the manner provided by Chapter 74 of
the Texas Property Code. The TCEQ may approve the Application unless a written
request for a contested case hearing is filed within 30 days after the newspaper
publication of this notice.
TCEQ Docket No. 2005-1651-DIS; The Texas Commission on Environmental Quality
(TCEQ) will conduct a hearing on an application for dissolution (Application)
of Montgomery County Municipal Utility District No. 71 (District). The Application
was filed with the TCEQ and included a petition by LGI Land, LLC, as landowner;
Woodforest National Bank, as first lienholder; and Vision Mortgage, Inc.,
as second lienholder (Applicants), being owners of property located within
the District. The TCEQ will conduct this hearing under the authority of Chapters
49 and 54 of the Texas Water Code, Title 30, Chapter 293 of the Texas Administrative
Code and the procedural rules of the TCEQ. The TCEQ will conduct the hearing
at: 9:30 a.m., Wednesday, May 17, 2006; Building E, Room 201S; 12100 Park
35 Circle; Austin, Texas. The District was created by Acts 1985, 69 Leg.,
Chapter 857 (SB 1358) on June 15, 1985. Under this law the District had the
authority to operate under Texas Water Code Chapters 49 and 54 as a municipal
utility district. The petition filed with the Application states that dissolution
is desirable and necessary because the District is not required for the development
of land within its boundaries. The petition filed with the Application states
that the District: (1) has not performed any of the functions for which it
was created for five consecutive years preceding the date of the Application,
(2) is financially dormant, and (3) has no outstanding bonded indebtedness.
An affidavit from the State Comptroller of Public Accounts has been included
in the Application, certifying that the District has no bonded indebtedness.
If the request for dissolution is approved, the District's assets, if any,
will escheat to the State of Texas and will be administered by the State Comptroller
of Public Accounts and disposed of in the manner provided by Chapter 74 of
the Texas Property Code. The TCEQ may approve the Application unless a written
request for a contested case hearing is filed within 30 days after the newspaper
publication of this notice.
TCEQ Docket No. 2005-1652-DIS; The Texas Commission on Environmental Quality
(TCEQ) will conduct a hearing on an application for dissolution (Application)
of Montgomery County Municipal Utility District No. 72 (District). The Application
was filed with the TCEQ and included a petition by LGI Land, LLC, as landowner;
Woodforest National Bank, as first lienholder; and Vision Mortgage, Inc.,
as second lienholder (Applicants), being owners of property located within
the District. The TCEQ will conduct this hearing under the authority of Chapters
49 and 54 of the Texas Water Code, Title 30, Chapter 293 of the Texas Administrative
Code and the procedural rules of the TCEQ. The TCEQ will conduct the hearing
at: 9:30 a.m., Wednesday, May 17, 2006; Building E, Room 201S; 12100 Park
35 Circle; Austin, Texas. The District was created by Acts 1985, 69 Leg.,
Chapter 858 (SB 1359) on June 15, 1985. Under this law the District had the
authority to operate under Texas Water Code Chapters 49 and 54 as a municipal
utility district. The petition filed with the Application states that dissolution
is desirable and necessary because the District is not required for the development
of land within its boundaries. The petition filed with the Application states
that the District: (1) has not performed any of the functions for which it
was created for five consecutive years preceding the date of the Application,
(2) is financially dormant, and (3) has no outstanding bonded indebtedness.
An affidavit from the State Comptroller of Public Accounts has been included
in the Application, certifying that the District has no bonded indebtedness.
If the request for dissolution is approved, the District's assets, if any,
will escheat to the State of Texas and will be administered by the State Comptroller
of Public Accounts and disposed of in the manner provided by Chapter 74 of
the Texas Property Code. The TCEQ may approve the Application unless a written
request for a contested case hearing is filed within 30 days after the newspaper
publication of this notice.
INFORMATION SECTION
The TCEQ may grant a contested case hearing on a petition if a written
hearing request is filed within 30 days after the newspaper publication of
the notice. To request a contested case hearing, you must submit the following:
(1) your name (or for a group or association, an official representative),
mailing address, daytime phone number, and fax number, if any; (2) the name
of the petitioner and the TCEQ Internal Control Number; (3) the statement
"I/we request a contested case hearing"; (4) a brief description of how you
would be affected by the petition in a way not common to the general public;
and (5) the location of your property relative to the proposed district's
boundaries. You may also submit your proposed adjustments to the petition.
Requests for a contested case hearing must be submitted in writing to the
Office of the Chief Clerk at the address provided in the information section
below.
The TCEQ may approve a petition unless a written request for a contested
case hearing is filed within 30 days after the newspaper publication of the
notice. If a contested case hearing is held, it will be a legal proceeding
similar to a civil trial in state district court.
Written hearing requests should be submitted to the Office of the Chief
Clerk, MC 105, TCEQ, P.O. Box 13087, Austin, TX 78711-3087. For information
concerning the hearing process, please contact the Public Interest Counsel,
MC 103, at the same address. For additional information, individual members
of the general public may contact the Districts Review Team at 1-512-239-4691.
Si desea información en Español, puede llamar al 1-800-687-4040.
General information regarding the TCEQ can be found at our web site at www.tceq.state.tx.us.
TRD-200600639
LaDonna Castañuela
Chief Clerk
Texas Commission on Environmental Quality
Filed: February 8, 2006
The Texas Commission on Environmental Quality (TCEQ or commission) staff
is providing an opportunity for written public comment on the listed Default
Orders (DOs). The commission staff proposes a DO when the staff has sent an
executive director's preliminary report and petition (EDPRP) to an entity
outlining the alleged violations; the proposed penalty; and the proposed technical
requirements necessary to bring the entity back into compliance; and the entity
fails to request a hearing on the matter within 20 days of its receipt of
the EDPRP. Similar to the procedure followed with respect to Agreed Orders
entered into by the executive director of the commission in accordance with
Texas Water Code (TWC), §7.075, this notice of the proposed order and
the opportunity to comment is published in the
Texas
Register
no later than the 30th day before the date on which the public
comment period closes, which in this case is
March
20, 2006.
The commission will consider any written comments received
and the commission may withdraw or withhold approval of a DO if a comment
discloses facts or considerations that indicate a proposed DO is inappropriate,
improper, inadequate, or inconsistent with the requirements of the statutes
and rules within the commission's jurisdiction, or orders and permits issued
in accordance with the commission's regulatory authority. Additional notice
of changes to a proposed DO is not required to be published if those changes
are made in response to written comments.
A copy of each proposed DO is available for public inspection at both the
commission's central office, located at 12100 Park 35 Circle, Building A,
3rd Floor, Austin, Texas 78753, (512) 239-3400 and at the applicable regional
office listed as follows. Comments about the DO should be sent to the attorney
designated for the DO at the commission's central office at P.O. Box 13087,
MC 175, Austin, Texas 78711-3087 and must be
received
by 5:00 p.m. on March 20, 2006.
Comments may also be sent by facsimile
machine to the attorney at (512) 239-3434. The commission's attorneys are
available to discuss the DOs and/or the comment procedure at the listed phone
numbers; however, comments on the DOs should be submitted to the commission
in
writing.
(1) COMPANY: Arlin Terrell dba Terrell's Mobile Home Park; DOCKET NUMBER:
2004-1016-PWS-E; TCEQ ID NUMBERS: 17276 and RN101249852; LOCATION: 312 East
82nd Street, Lubbock, Lubbock County, Texas; TYPE OF FACILITY: public water
supply system; RULES VIOLATED: 30 TAC §290.106(f)(3) and §290.122(b),
by exceeding the maximum contaminant level for fluoride and by failing to
provide notice thereof to persons served by the water system; PENALTY: $6,014;
STAFF ATTORNEY: James Sallans, Litigation Division, MC 175, (512) 239-2053;
REGIONAL OFFICE: Lubbock Regional Office, 4630 50th Street, Suite 600, Lubbock,
Texas 79414-3520, (806) 796-7092.
(2) COMPANY: Deer Park Business, Inc. dba Fuel Expo; DOCKET NUMBER: 2004-0423-PST-E;
TCEQ ID NUMBERS: 35149 and RN102369162; LOCATION: 101 West San Augustine Street,
Deer Park, Harris County, Texas; TYPE OF FACILITY: underground storage tank
system; RULES VIOLATED: 30 TAC §334.8(c)(5)(A)(i), and TWC, §263467(a),
by failing to make available to a common carrier a valid current delivery
certificate for the underground storage tank (UST) before accepting delivery
of a regulated substance for the deliveries on July 9, 18, 21, and 23, 2003;
30 TAC §334.8(c)(3) and (4), by failing to timely submit to the agency
a UST registration and self-certification form, that is accurate and complete;
30 TAC §334.7(a), (c), and (e), by failing to register the new or replacement
UST within 30 days after the date a regulated substance is placed into the
tank; 30 TAC §334.6(b)(2)(A), by failing to file a written notification
form with the TCEQ at least 30 days prior to initiating a major UST construction
activity; 30 TAC §334.10(b), by failing to develop and maintain all required
UST records at the facility; PENALTY: $7,000; STAFF ATTORNEY: Rebecca Davis,
Litigation Division, MC 175, (512) 239-5487; REGIONAL OFFICE: Houston Regional
Office, 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(3) COMPANY: Derek Wasson dba Corner Mart Grocery & Station; DOCKET
NUMBER: 2005-0085-PST-E; TCEQ ID NUMBERS: 38512 and RN101447092; LOCATION:
1001 Highway 59 North, Queen City, Cass County, Texas; TYPE OF FACILITY: convenience
store with retail sales of gasoline; RULES VIOLATED: 30 TAC §37.815(a)
and (b), by failing to demonstrate acceptable financial assurance for taking
corrective action and for compensating third parties for bodily injury and
property damage caused by accidental releases arising from the operation of
petroleum USTs; PENALTY: $3,150; STAFF ATTORNEY: Kathleen Decker, Litigation
Division, MC 175, (512) 239-6500; REGIONAL OFFICE: Tyler Regional Office,
2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.
(4) COMPANY: Ernest Muntz dba Two Pines Mobile Home Park and Mary Muntz
dba Two Pines Mobile Home Park; DOCKET NUMBER: 2004-1470-PWS-E; TCEQ ID NUMBER:
RN101176162; LOCATION: 2.4 miles north of Highway 390 on the west side of
US 59, Marshall, Harrison County, Texas; TYPE OF FACILITY: public water supply
system; RULES VIOLATED: Texas Health and Safety Code (THSC), §341.033(d)
and 30 TAC §290.109(c)(2), by failing to collect and submit routine water
samples for bacteriological analysis for the months of March 2003, through
July 2004; 30 TAC §290.109(g) and §290.122(c), by failing to provide
Notices of Failure to Sample to persons served by the facility of their failure
to collect bacteriological samples for the months of March 2003, through July
2004; PENALTY: $10,413; STAFF ATTORNEY: Kathleen Decker, Litigation Division,
MC 175, (512) 239-6500; REGIONAL OFFICE: Tyler Regional Office, 2916 Teague
Drive, Tyler, Texas 75701-3756, (903) 535-5100.
(5) COMPANY: Haafiz & Aman, Inc.; DOCKET NUMBER: 2003-1195-PST-E; TCEQ
ID NUMBERS: 0000630 and RN101794758; LOCATION: 3110 16th Street, Orange County,
Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline;
RULES VIOLATED: 30 TAC §334.50(b)(1)(A), and TWC, §26.3475(c)(1),
by failing to monitor for releases from the USTs at least once per month,
not to exceed 35 days; PENALTY: $1,625; STAFF ATTORNEY: Xavier Guerra, Litigation
Division, MC R-13, (210) 403-4016; REGIONAL OFFICE: Beaumont Regional Office,
3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.
(6) COMPANY: Hernan F. Maya; DOCKET NUMBER: 2005-1387-LII-E; TCEQ ID NUMBER:
RN103498515; LOCATION: 21222 Park Run Drive, Katy, Harris County, Texas; TYPE
OF FACILITY: lawn care business; RULES VIOLATED: 30 TAC §30.5(a) and §344.4(a),
TWC, §37.003, and Texas Occupations Code (OCC), §1903.251, by repairing
an irrigation system on or about April 1, 2005, while not holding a current
irrigator license; PENALTY: $625; STAFF ATTORNEY: Shana Horton, Litigation
Division, MC 175, (512) 239-1088; REGIONAL OFFICE: Houston Regional Office,
5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(7) COMPANY: Jimmie C. Chambers; DOCKET NUMBER: 2005-0715-MSW-E; TCEQ ID
NUMBERS: 455100039 and RN104212691; LOCATION: 1710 Farm-to-Market Road 776,
Jasper County, Texas; TYPE OF FACILITY: municipal solid waste non-permitted
site; RULES VIOLATED: 30 TAC §330.5, by causing, suffering, allowing,
or permitting the collection, storage, and disposal of municipal solid waste
in such a manner so as to cause the discharge or imminent threat of discharge
of municipal solid waste into or adjacent to the waters in the state without
obtaining specific authorization for such discharge from the commission; PENALTY:
$5,250; STAFF ATTORNEY: Lena Roberts, Litigation Division, MC 175, (512) 239-0019;
REGIONAL OFFICE: Beaumont Regional Office, 3870 Eastex Freeway, Beaumont,
Texas 77703-1892, (409) 898-3838.
(8) COMPANY: Jose Luis Munoz; DOCKET NUMBER: 2005-0420-LII-E; TCEQ ID NUMBER:
RN104377049; LOCATION: 2408 Paseo Encantado Street, Mission, Hidalgo County,
Texas; TYPE OF FACILITY: landscape irrigation business; RULES VIOLATED: 30
TAC §30.5(b) and OCC, §1903.251, by representing himself to the
public as being able to perform sprinkler systems work by advertising this
on his business cards and not holding a current irrigator license; PENALTY:
$263; STAFF ATTORNEY: Rachael Gaines, Litigation Division, MC 175, (512) 239-0078;
REGIONAL OFFICE: Harlingen Regional Office, 1804 West Jefferson Avenue, Harlingen,
Texas 78550-5247, (956) 425-6010.
(9) COMPANY: Larry Beakey dba BBT Investments; DOCKET NUMBER: 2004-0381-PST-E;
TCEQ ID NUMBERS: 21226 and RN102821758; LOCATION: 824 South F Street, Harlingen,
Cameron County, Texas; TYPE OF FACILITY: petroleum storage tank facility;
RULES VIOLATED: 30 TAC §334.48(c), by failing to conduct effective inventory
control for the UST system; 30 TAC §334.50(b)(1)(A), (b)(2)(A)(i)(III),
and §334.50(b)(2), and TWC, §26.3475(a) and (c)(1), by failing to
monitor the USTs for releases at ta frequency of at least once every month
(not to exceed 35 days between each monitoring), and by failing to monitor
the piping associated with the UST system for releases, and by failing to
test the piping for performance and operational reliability at least once
each year; 30 TAC §334.8(c)(5)(C), by failing to permanently tag, label,
or mark the UST system with an identification number that is identical to
the UST Registration and Self-Certification Number; 30 TAC §334.10(b),
by failing to maintain records for the UST system; PENALTY: $5,185; STAFF
ATTORNEY: Shana Horton, Litigation Division, MC 175, (512) 239-1088; REGIONAL
OFFICE: Harlingen Regional Office, 1804 West Jefferson Avenue, Harlingen,
Texas 78550-5247, (956) 425-6010.
(10) COMPANY: Mohammad Arif dba Super Stop 4; DOCKET NUMBER: 2005-0078-PST-E;
TCEQ ID NUMBERS: 7646 and RN103001798; LOCATION: 2590 North Main Street, Vidor,
Orange County, Texas; TYPE OF FACILITY: convenience store with retail sales
of gasoline; RULES VIOLATED: 30 TAC §37.815(a) and (b), by failing to
provide acceptable financial assurance for taking corrective action and for
compensating third parties for bodily injury and property damage caused by
accidental releases form the operation of petroleum USTs; PENALTY: $2,100;
STAFF ATTORNEY: Lena Roberts, Litigation Division, MC 175, (512) 239-0019;
REGIONAL OFFICE: Beaumont Regional Office, 3870 Eastex Freeway, Beaumont,
Texas 77703-1892, (409) 898-3838.
(11) COMPANY: Norrie Traders, Inc. dba Humble Food Store; DOCKET NUMBER:
2005-0307-PST-E; TCEQ ID NUMBERS: 35316 and RN101775278; LOCATION: 15742 Old
Humble Road, Humble, Harris County, Texas; TYPE OF FACILITY: convenience store
with retail sales of gasoline; RULES VIOLATED: 30 TAC §37.815(a) and
(b), by failing to provide acceptable financial assurance for taking corrective
action and for compensating third parties for bodily injury and property damage
caused by accidental releases form the operation of petroleum USTs; PENALTY:
$1,600; STAFF ATTORNEY: Lena Roberts, Litigation Division, MC 175, (512) 239-0019;
REGIONAL OFFICE: Houston Regional Office, 5425 Polk Avenue, Suite H, Houston,
Texas 77023-1486, (713) 767-3500.
(12) COMPANY: Robert Burk dba Graham Fuel Mart; DOCKET NUMBER: 2004-1368-PST-E;
TCEQ ID NUMBERS: 49696 and RN101859908; LOCATION: 1518 Fourth Street, Graham,
Young County, Texas; TYPE OF FACILITY: convenience store with retail sales
of gasoline; RULES VIOLATED: 30 TAC §37.815(a) and (b), by failing to
demonstrate acceptable financial assurance for taking corrective action and
for compensating third parties for bodily injury and property damage caused
by accidental releases arising from the operation of petroleum USTs; PENALTY:
$3,800; STAFF ATTORNEY: Deborah A. Bynum, Litigation Division, MC 175, (512)
239-1976; REGIONAL OFFICE: Abilene Regional Office, 1977 Industrial Boulevard,
Abilene, Texas 79602-7833, (325) 698-9674.
(13) COMPANY: Rubina, Incorporated dba Fina Mart; DOCKET NUMBER: 2005-1389-PST-E;
TCEQ ID NUMBERS: 0043873 and RN101541936; LOCATION: 506 East Northwest Highway,
Grapevine, Tarrant County, Texas; TYPE OF FACILITY: convenience store with
retail sales of gasoline; RULES VIOLATED: 30 TAC §37.815(a) and (b),
by failing to provide acceptable financial assurance for taking corrective
action and for compensating third parties for bodily injury and property damage
caused by accidental releases form the operation of petroleum USTs; PENALTY:
$3,150; STAFF ATTORNEY: Shawn Slack, Litigation Division, MC 175, (512) 239-0063;
REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort
Worth, Texas 76118-6951, (817) 588-5800.
(14) COMPANY: Tashi Enterprise, Inc. dba Star Jet Truck Stop; DOCKET NUMBER:
2005-0334-PST-E; TCEQ ID NUMBERS: 74051 and RN102280518; LOCATION: 21411 United
States Highway 59, El Campo, Wharton County, Texas; TYPE OF FACILITY: convenience
store with retail sales of gasoline; RULES VIOLATED: 30 TAC §37.815(a)
and (b), by failing to demonstrate acceptable financial assurance for taking
corrective action and for compensating third parties for bodily injury and
property damage caused by accidental releases arising from the operation of
petroleum USTs; TWC, §5.702, and 30 TAC §290.51(a)(3), by failing
to pay water system fees and associated late fees; PENALTY: $4,280; STAFF
ATTORNEY: Lena Roberts, Litigation Division, MC 175, (512) 239-0019; REGIONAL
OFFICE: Houston Regional Office, 5425 Polk Avenue, Suite H, Houston, Texas
77023-1486, (713) 767-3500.
(15) COMPANY: Tashi Enterprise, Inc. dba Star Jet Truck Stop; DOCKET NUMBER:
2005-1202-PWS-E; TCEQ ID NUMBERS: 2410064 and RN102280518; LOCATION: 21411
United States Highway 59, El Campo, Wharton County, Texas; TYPE OF FACILITY:
public water system; RULES VIOLATED: 30 TAC §290.109(c)(2)(A)(i), and
THSC, §341.033(d), by failing to collect and submit monthly water samples
for bacteriological analysis for the months of January, February, April, and
May 2003; 30 TAC §290.109(c)(3)(A)(ii), by failing to begin collection
of at least four repeat samples within 24 hours of being notified of a coliform
positive sample result from July 22, 2004; 30 TAC §290.109(f)(3), and
THSC, §341.031(a), by exceeding the maximum contaminant level (MCL) for
total coliform in August 2004; 30 TAC §290.109(c)(2)(F), by failing to
collect at least five routine samples in August and September 2004; 30 TAC §290.122(b)(2)(B),
by failing to issue public notice for exceeding the MCL in August 2004; 30
TAC §290.122(c)(2)(B), by failing to issue public notice for monitoring
violations in April and May, 2003, and July - September 2004; PENALTY: $2,980;
STAFF ATTORNEY: Lena Roberts, Litigation Division, MC 175, (512) 239-0019;
REGIONAL OFFICE: Houston Regional Office, 5425 Polk Avenue, Suite H, Houston,
Texas 77023-1486, (713) 767-3500.
TRD-200600649
Stephanie Bergeron Perdue
Acting Deputy Director, Office of Legal Services
Texas Commission on Environmental Quality
Filed: February 8, 2006
The Texas Commission on Environmental Quality (TCEQ or commission) staff
is providing an opportunity for written public comment on the listed Agreed
Orders (AOs) in accordance with Texas Water Code (TWC), §7.075. Section
7.075 requires that before the commission may approve the AOs, the commission
shall allow the public an opportunity to submit written comments on the proposed
AOs. Section 7.075 requires that notice of the opportunity to comment must
be published in the
Texas Register
no later
than the 30th day before the date on which the public comment period closes,
which in this case is
March 20, 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 the consent is inappropriate,
improper, inadequate, or inconsistent with the requirements of the statutes
and rules within the commission's orders and permits issued in accordance
with the commission's regulatory authority. Additional notice of changes to
a proposed AO is not required to be published if those changes are made in
response to written comments.
A copy of each proposed AO is available for public inspection at both the
commission's central office, located at 12100 Park 35 Circle, Building A,
3rd Floor, Austin, Texas 78753, (512) 239-3400 and at the applicable regional
office listed as follows. Comments about an AO should be sent to the attorney
designated for the AO at the commission's central office at P.O. Box 13087,
MC 175, Austin, Texas 78711-3087 and must be
received
by 5:00 p.m. on March 20, 2006.
Comments may also be sent by facsimile
machine to the attorney at (512) 239-3434. The designated attorney is available
to discuss the AO and/or the comment procedure at the listed phone number;
however, §7.075 provides that comments on an AO should be submitted to
the commission in
writing.
(1) COMPANY: Jackie W. Davis, Individually, and Jackie W. Davis, Executor,
Estate of Ola Faye Davis, Deceased; DOCKET NUMBER: 2004-1291-MSW-E; TCEQ ID
NUMBERS: 455040150, RN104619101, RN104256136, CN60260858 and CN602843450;
LOCATION: United States (US) Highway 377 and south of US Highway 377, Denton,
Denton County, Texas; TYPE OF FACILITY: property; RULES VIOLATED: 30 TAC §330.5(c)
and §328.23(b), by failing to prevent the unauthorized disposal of waste
and failing to prevent the disposal of used oil filters at the site; 30 TAC §335.62,
and 40 Code of Federal Regulations (CFR) §262.11(c), by failing to perform
a hazardous waste determination on solid waste generated; and 30 TAC §324.6,
40 CFR §279.22(d)(3), and Texas Health and Safety Code (THSC), §371.041,
by failing to clean up used oil upon detection of a release to the environment;
PENALTY: $13,625; STAFF ATTORNEY: Kari Gilbreth, Litigation Division, MC 175,
(512) 239-1320; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel
Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(2) COMPANY: Metro Brick Company dba Metro Brick and Stone; DOCKET NUMBER:
2004-1063-WQ-E; TCEQ ID NUMBERS: RN104319876; LOCATION: the intersection of
Farm-to-Market Road 4 and Ruff Country Court, near Granbury, Hood County,
Texas; TYPE OF FACILITY: stone quarry; RULES VIOLATED: 30 TAC §281.25(a)(4)
and 40 CFR §122.26(a), by failing to obtain authorization to discharge
storm water associated with industrial activity to water in the state through
an individual permit or the Multi-Sector General Permit; PENALTY: $6,000;
STAFF ATTORNEY: Laurencia Fasoyiro, Litigation Division, MC R-12, (713) 422-8914;
REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort
Worth, Texas 76118-6951, (817) 588-5800.
(3) COMPANY: Texas Department of Transportation; DOCKET NUMBER: 2001-0232-AIR-E;
TCEQ ID NUMBERS: EE-1695-P, EE-2161-E, and RN102534633; LOCATION: 4201 Hondo
Pass and 11430 Joe Battle in El Paso, El Paso County, Texas; TYPE OF FACILITY:
gasoline dispensing sites; RULES VIOLATED: 30 TAC §114.100(a) and THSC, §382.085(b),
by dispensing gasoline for use as a motor vehicle fuel in El Paso County which
failed to meet the minimum oxygen content of 2.7% by weight; PENALTY: $2,750;
STAFF ATTORNEY: Kari Gilbreth, Litigation Division, MC 175, (512) 239-1320;
REGIONAL OFFICE: El Paso Regional Office, 401 East Franklin Avenue, Suite
560, El Paso, Texas 79901-1206, (915) 834-4949.
(4) COMPANY: Waste Management of Texas, Inc.; DOCKET NUMBER: 2003-0609-AIR-E;
TCEQ ID NUMBERS: BG-1066-M and RN100218338; LOCATION: 8611 Covel Road, San
Antonio, Bexar County, Texas; TYPE OF FACILITY: municipal solid waste landfill;
RULES VIOLATED: 30 TAC §122.145(2)(C), and TCEQ Federal Operating Permit
Number O-01479, Site Wide Requirements (1) and (2), by failing to submit the
Title V deviation report within 30 days after the end of each six-month reporting
period; 30 TAC §122.145(2)(A), and TCEQ Federal Operating Permit Number
O-01479, Site Wide Requirements (1) and (2), by failing to report to the TCEQ
all instances of deviations that occurred at the Plant between May 2, 2001
and April 1, 2003; 30 TAC §122.145(1)(C), and TCEQ Federal Operating
Permit Number O-01479, Site Wide Requirements (1) and (2), by failing to submit
New Source Performance Standards well monitoring reports for the gas collection
system at the Plant within 30 days after the end of each six-month reporting
period; 30 TAC §101.20(1), THSC, §382.085(b), and 40 CFR §60.755(a)(3),
by failing to come into compliance by achieving negative pressure or 5% oxygen
or less on wellheads within 15 days after monthly wellhead monitoring demonstrated
that pressure or oxygen exceedances existed; 30 TAC §101.20(1), THSC, §382.085(b),
and 40 CFR §60.756(a), by failing to conduct monthly monitoring of all
wellheads in the collection system; 30 TAC §101.20(1), THSC, §382.085(b),
and 40 CFR §60.756(f), by failing to conduct quarterly surface emission
monitoring of the landfill; 30 TAC §§334.128(a), 205.6, 335.324,
312.9, and 312.142(j), and TWC, §5.702, by failing to pay all Above Ground
Storage Tank, General Permit Stormwater, Nonhazardous Waste Facility, Beneficial
Land Use, and Management Sludge Sticker fees and associated penalties in a
timely manner; PENALTY: $62,595; STAFF ATTORNEY: Rebecca Davis, Litigation
Division, MC 175, (512) 239-5487; REGIONAL OFFICE: San Antonio Regional Office,
14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.
(5) COMPANY: William K. Ingram; DOCKET NUMBER: 2005-1143-OSI-E; TCEQ ID
NUMBERS: OS0019854 and RN103400933; LOCATION: 181 Private Road 401, Covington,
Hill County, Texas; TYPE OF FACILITY: on-site septic facility installing business;
RULES VIOLATED: 30 TAC §285.61(4), and THSC, §366.051(c), by failing
to obtain documentation that the owner, or the owner's agent, had the permitting
authority's authorization to construct an on-site sewage facility prior to
beginning construction; PENALTY: $188; STAFF ATTORNEY: Becky Combs, Litigation
Division, MC 175, (512) 239-6939; REGIONAL OFFICE: Waco Regional Office, 6801
Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.
TRD-200600650
Stephanie Bergeron Perdue
Acting Deputy Director, Office of Legal Services
Texas Commission on Environmental Quality
Filed: February 8, 2006
The Texas Commission on Environmental Quality (commission) will conduct
a public hearing to receive comments concerning proposed amendments to 30
TAC Chapter 30, Occupational Licenses; Chapter 55, Requests for Reconsideration
and Contested Case Hearings; Public Comment; Chapter 281, Applications Processing;
Chapter 305, Consolidated Permits; Chapter 309, Domestic Wastewater Effluent
Limitation and Plant Siting; and Chapter 331, Underground Injection Control.
The commission also proposes new 30 TAC Chapter 222, Subsurface Area Drip
Dispersal Systems.
Proposed new Chapter 222 would implement House Bill (HB) 2651, 79th Legislature,
2005. HB 2651 amended the Texas Water Code by adding Chapter 32, Subsurface
Area Drip Dispersal Systems. The proposed rulemaking would regulate subsurface
area drip dispersal systems associated with industrial wastewater treatment
facilities of any capacity and domestic wastewater treatment facilities that
treat more than 5,000 gallons per day. In addition, the proposed rulemaking
would provide a permitting procedure and scientifically based requirements
for siting, design, and operation of these systems.
A public hearing on this proposal will be held in Austin, Texas on March
14, 2006, at 2:00 p.m. at the Texas Commission on Environmental Quality in
Building F, Room 2210, located at 12100 Park 35 Circle. The hearing will be
structured for the receipt of oral or written comments by interested persons.
Individuals may present oral statements when called upon in order of registration.
There will be no open discussion during the hearing; however, an agency staff
member will be available to discuss the proposal 30 minutes prior to the hearing
and will answer questions after the hearing.
Persons who have special communication or other accommodation needs who
are planning to attend the hearing should contact Patricia Durón, Office
of Legal Services, at (512) 239-6087. Requests should be made as far in advance
as possible.
SUBMITTAL OF COMMENTS
Comments may be submitted to Patricia Durón, MC 205, Texas Register
Team, Office of Legal Services, Texas Commission on Environmental Quality,
P. O. Box 13087, Austin, Texas 78711-3087, or faxed to (512) 239-4808. All
comments should reference Rule Project Number 2005-050-222-PR. Comments must
be received no later than 5:00 p.m., March 20, 2006. For further information,
please contact Sherry Smith, Water Quality Division at (512) 239-0571 or Louis
C. Herrin, III, P.E., Water Quality Division at (512) 239-4552.
TRD-200600582
Stephanie Bergeron Perdue
Acting Deputy Director, Office of Legal Services
Texas Commission on Environmental Quality
Filed: February 3, 2006
The following notices were issued during the period of February 1, 2006
through February 2, 2006.
The following require the applicants to publish notice in the newspaper.
The public comment period, requests for public meetings, or requests for a
contested case hearing may be submitted to the Office of the Chief Clerk,
Mail Code 105, P.O. Box 13087, Austin Texas 78711-3087, WITHIN 30 DAYS OF
THE DATE OF NEWSPAPER PUBLICATION OF THIS NOTICE.
CITY OF COMMERCE has applied to the Texas Commission on Environmental Quality
(TCEQ) for a renewal of TPDES Permit No. 10555-001, which authorizes the discharge
of treated domestic wastewater at an annual average flow not to exceed 2,000,000
gallons per day. The facility is located approximately 0.5 mile south of the
intersection of Charity Road and Farm-to-Market Road 3218, on the east side
of Farm-to-Market Road 3218 in Hunt County, Texas.
HARRIS COUNTY FRESH WATER SUPPLY DISTRICT NO. 47 has applied for a renewal
of TPDES Permit No. WQ0010794001, which authorizes the discharge of treated
domestic wastewater at a daily average flow not to exceed 520,000 gallons
per day. The facility is located on the east side and adjacent to Carpenter
Bayou and on the north side and adjacent to the Houston Northshore Railroad,
approximately 1,000 feet north-northwest of the intersection of Interstate
Highway 10 and East Belt Road in Harris County, Texas.
CITY OF HAWKINS has applied for a renewal of TPDES Permit No. 10439-001,
which authorizes the discharge of treated domestic wastewater at a daily average
flow not to exceed 25,000 gallons per day. The facility is located 3,500 feet
south-southeast of the intersection of United States Highway 80 and State
Highway 14; approximately 1,000 feet west of the intersection of State Highway
14 and County Road 3300 in Wood County, Texas.
MS. DORIS KAY HEAD has applied for a renewal of TPDES Permit No. 12143-001,
which authorizes the discharge of treated domestic wastewater at a daily average
flow not to exceed 15,000 gallons per day. The facility is located on the
shoreline of Toledo Bend Reservoir approximately 500 feet North of Farm-to-Market
Road 2928 and 1.2 miles due north of Oakhill Cemetery in Sabine County, Texas.
CITY OF HUGHES SPRINGS has applied for a renewal of TPDES Permit No. 10415-001,
which authorizes the discharge of treated domestic wastewater at a daily average
flow not to exceed 750,000 gallons per day. The facility is located 1/4 mile
south of combined State Highway 49 and State Highway 11 and approximately
1/2 mile west of the three-way intersection of State Highway 49, State Highway
11, and Loop 2812 in the City of Hughes Springs in Cass County, Texas.
CITY OF HUXLEY has applied for a renewal of TPDES Permit No. WQ0013932001,
which authorizes the discharge of treated filter backwash water at a daily
average flow not to exceed 30,000 gallons per day. The facility is located
at an unnamed County Road between Farm-to-Market Road 2694 and Toledo Bend
Reservoir in the City of Huxley in Shelby County, Texas.
CITY OF PADUCAH has applied for a renewal of Permit No. 10112-001, which
authorizes the disposal of treated domestic wastewater at a daily average
flow not to exceed 170,000 gallons per day via surface irrigation of 87 acres
of non-public access pasture land. This permit will not authorize a discharge
of pollutants into waters in the State. The facility and disposal site are
located approximately two miles southeast of the City of Paducah on Farm-to-Market
Road 1038 in Cottle County, Texas.
QBN CORPORATION has applied to the Texas Commission on Environmental Quality
(TCEQ) for a renewal of TPDES Permit No. 12766-001, which authorizes the discharge
of treated domestic wastewater at a daily average flow not to exceed 19,000
gallons per day. The facility is located on the west right-of-way of U.S.
Highway 59 approximately 2,500 feet south-southwest of the intersection of
Northbelt and U.S. Highway 59 in Harris County, Texas.
QUADVEST, L.P. has applied to the Texas Commission on Environmental Quality
(TCEQ) for a new permit, proposed Texas Pollutant Discharge Elimination System
(TPDES) Permit No. WQ0014663001, to authorize the discharge of treated domestic
wastewater at a daily average flow not to exceed 160,000 gallons per day.
The facility is located approximately 4,000 feet north-northeast of the intersection
of Farm-to-Market Road 1488 and Community Road in Montgomery County, Texas.
TRD-200600640
LaDonna Castañuela
Chief Clerk
Texas Commission on Environmental Quality
Filed: February 8, 2006
The State Office of Administrative Hearings issued a Proposal for Decision
and Order to the Texas Commission on Environmental Quality on February 2,
2006, in the matter of the Executive Director of the Texas Commission on Environmental
Quality, Petitioner v. Sattar Investments, Inc. dba Fuel Distributor, Inc.
dba Lorena Fastime; SOAH Docket No. 582-05-4255; TCEQ Docket No. 2004-0862-PST-E.
The commission will consider the Administrative Law Judge's Proposal for Decision
and Order regarding the enforcement action against Sattar Investments, Inc.
dba Fuel Distributor, Inc. dba Lorena Fastime 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-200600642
LaDonna Castañuela
Chief Clerk
Texas Commission on Environmental Quality
Filed: February 8, 2006
The Texas Commission on Environmental Quality (TCEQ or commission) staff
is providing an opportunity for written public comment on the listed Agreed
Orders (AOs) in accordance with Texas Water Code (the Code), §7.075,
which requires that the commission may not approve these AOs unless the public
has been provided an opportunity to submit written comments. Section 7.075
requires that notice of the proposed orders and the opportunity to comment
must be published in the
Texas Register
no
later than the 30th day before the date on which the public comment period
closes, which in this case is
March 17, 2006
.
Section 7.075 also requires that the commission promptly consider any written
comments received and that the commission may withhold approval of an AO if
a comment discloses facts or considerations that indicate the proposed AO
is inappropriate, improper, inadequate, or inconsistent with the requirements
of the Code, the Texas Health and Safety Code (THSC), and/or the Texas Clean
Air Act (the Act). Additional notice is not required if changes to an AO are
made in response to written comments.
A copy of each proposed AO is available for public inspection at both the
commission's central office, located at 12100 Park 35 Circle, Building C,
1st Floor, Austin, Texas 78753, (512) 239-1864 and at the applicable regional
office listed as follows. Written comments about an AO should be sent to the
enforcement coordinator designated for each AO at the commission's central
office at P. O. Box 13087, Austin, Texas 78711-3087 and must be
received by 5:00 p.m. on March 17, 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 should be submitted to the commission in
writing
.
(1) COMPANY: Chevron Phillips Chemical Company L.P.; DOCKET NUMBER: 2005-1808-AIR-E;
IDENTIFIER: RN100209857; LOCATION: Port Arthur, Jefferson County, Texas; TYPE
OF FACILITY: industrial organic chemical manufacturing; RULE VIOLATED: 30
TAC §116.115(b)(2)(F), New Source Review Permit Number 21101, and THSC, §382.085(b),
by failing to comply with permitted emissions limits; and 30 TAC §101.201(a)(1)(B)
and THSC, §382.085(b), by failing to submit a timely emission event report;
PENALTY: $5,304; ENFORCEMENT COORDINATOR: Terry Murphy, (512) 239-5025; REGIONAL
OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.
(2) COMPANY: Tommy Joe Thomas dba Deer Trail Mobile Home Park; DOCKET NUMBER:
2005-1534-MWD-E; IDENTIFIER: RN101237923; LOCATION: Houston, Harris County,
Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §§305.125(1),
319.5, 319.6, and 319.7(a)(5), and Texas Pollutant Discharge Elimination System
(TPDES) Permit Number 12919001, by failing to construct treatment units as
required by the permit, by failing to record all required data on the discharge
monitoring reports, and by failing to conduct the required chlorine residual
tests; and 30 TAC §21.4 and the Code, §5.702, by failing to pay
outstanding consolidated water quality fees and associated late fees; PENALTY:
$6,400; ENFORCEMENT COORDINATOR: Catherine Albrecht, (713) 767-3500; REGIONAL
OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(3) COMPANY: City of Del Rio; DOCKET NUMBER: 2005-1777-PWS-E; IDENTIFIER:
RN101215978; LOCATION: Del Rio, Val Verde County, Texas; TYPE OF FACILITY:
public water supply; RULE VIOLATED: 30 TAC §290.43(c)(3), by failing
to provide the elevated storage tank with an overflow; and 30 TAC §290.44(d)(2),
by failing to acquire plan approval by the executive director for service
connections that require booster pumps taking suction from the supply lines;
PENALTY: $1,440; ENFORCEMENT COORDINATOR: Sandy VanCleave, (512) 239-0667;
REGIONAL OFFICE: 1403 Seymour, Suite 2, Laredo, Texas 78040-8752, (956) 791-6611.
(4) COMPANY: Earnhardt El Paso Motors, L.P. dba BMW of El Paso and Mazda
of El Paso; DOCKET NUMBER: 2005-2042-AIR-E; IDENTIFIER: RN102476041; LOCATION:
El Paso, El Paso County, Texas; TYPE OF FACILITY: new and used car dealership;
RULE VIOLATED: 30 TAC §114.100(a) and THSC, §382.085(b), by failing
to dispense gasoline with a minimum oxygen content of 2.7% by weight; PENALTY:
$936; ENFORCEMENT COORDINATOR: John Barry, (409) 898-3838; REGIONAL OFFICE:
401 East Franklin Avenue, Suite 560, El Paso, Texas 79901-1206, (915) 834-4949.
(5) COMPANY: Ecolab, Inc.; DOCKET NUMBER: 2005-1926-IHW-E; IDENTIFIER:
RN100594852; LOCATION: Garland, Dallas County, Texas; TYPE OF FACILITY: chemical
repacking and blending; RULE VIOLATED: 30 TAC §335.2(b), by failing to
prevent the disposal of an industrial hazardous waste at an unauthorized facility;
PENALTY: $600; ENFORCEMENT COORDINATOR: Michael Meyer, (512) 239-4492; REGIONAL
OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(6) COMPANY: Golden Spread Redi-Mix, Inc.; DOCKET NUMBER: 2005-1762-IWD-E;
IDENTIFIER: RN100242114; LOCATION: Amarillo, Potter County, Texas; TYPE OF
FACILITY: ready-mix concrete; RULE VIOLATED: 30 TAC §305.125(1), General
Permit Number TXG110238, and the Code, §26.121(a), by failing to comply
with the permitted effluent limits for pH and total suspended solids (TSS);
PENALTY: $3,600; ENFORCEMENT COORDINATOR: Brent Hurta, (512) 239-6589; REGIONAL
OFFICE: 3918 Canyon Drive, Amarillo, Texas 79109-4933, (806) 353-9251.
(7) COMPANY: Hudspeth County Water Control and Improvement District 1;
DOCKET NUMBER: 2005-1097-MWD-E; IDENTIFIER: RN102181849; LOCATION: Sierra
Blanco, Hudspeth County, Texas; TYPE OF FACILITY: wastewater treatment; RULE
VIOLATED: 30 TAC §305.125(1), TPDES Permit Number 13858-001, and the
Code, §26.121(a), by failing to maintain compliance with the permitted
effluent limits for five-day biochemical oxygen demand (BOD5), TSS, dissolved
oxygen (DO), and pH; PENALTY: $8,064; ENFORCEMENT COORDINATOR: Howard Willoughby,
(361) 825-3100; REGIONAL OFFICE: 401 East Franklin Avenue, Suite 560, El Paso,
Texas 79901-1206, (915) 834-4949.
(8) COMPANY: Invista S.A.R.L.; DOCKET NUMBER: 2005-1309-AIR-E; IDENTIFIER:
RN104392626; LOCATION: Orange, Orange County, Texas; TYPE OF FACILITY: nylon
intermediate production; RULE VIOLATED: 30 TAC §101.201(b)(7) and THSC, §382.085(b),
by failing to properly report emissions; and 30 TAC §106.492, Air Permit
by Rule Registration Number 51509, and THSC, §382.085(b), by failing
to prevent the release of unauthorized emissions; PENALTY: $1,872; ENFORCEMENT
COORDINATOR: Daniel Siringi, (409) 898-3838; REGIONAL OFFICE: 3870 Eastex
Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.
(9) COMPANY: City of Junction; DOCKET NUMBER: 2005-1961-PWS-E; IDENTIFIER:
RN101383990; LOCATION: Junction, Kimble County, Texas; TYPE OF FACILITY: public
water supply; RULE VIOLATED: 30 TAC §290.113(f)(4) and THSC, §341.0315(c),
by exceeding the maximum contaminant level (MCL) for total trihalomethanes
(TTHM); PENALTY: $695; ENFORCEMENT COORDINATOR: Lynley Doyen, (512) 239-1364;
REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254)
751-0335.
(10) COMPANY: Liberty City Water Supply Corporation; DOCKET NUMBER: 2005-1962-PWS-E;
IDENTIFIER: RN101458719; LOCATION: Kilgore, Gregg County, Texas; TYPE OF FACILITY:
public water supply; RULE VIOLATED: 30 TAC §290.113(f)(4) and THSC, §341.0315(c),
by exceeding the MCL for TTHM; PENALTY: $500; ENFORCEMENT COORDINATOR: Yuliya
Dunaway, (210) 490-3096; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas
75701-3756, (903) 535-5100.
(11) COMPANY: Masters Resources, L.L.C.; DOCKET NUMBER: 2005-1642-AIR-E;
IDENTIFIER: RN100211069; LOCATION: Houston, Harris County, Texas; TYPE OF
FACILITY: oil and gas production; RULE VIOLATED: 30 TAC §122.121 and
THSC, §382.085(b), by failing to obtain a federal operating permit to
operate a major source of emissions; 30 TAC §122.146(2) and THSC, §382.085(b),
by failing to submit the annual Title V compliance certification; 30 TAC §116.110(a)
and THSC, §382.085(b), by failing to obtain a permit or satisfy the conditions
of a permit by rule; and 30 TAC §101.10(a) and THSC, §382.085(b),
by failing to submit emissions inventories; PENALTY: $17,500; ENFORCEMENT
COORDINATOR: Jaime Garza, (956) 425-6010; REGIONAL OFFICE: 5425 Polk Avenue,
Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(12) COMPANY: Praxair, Inc. dba Praxair BP Refinery; DOCKET NUMBER: 2005-1421-AIR-E;
IDENTIFIER: RN104095435; LOCATION: Texas City, Galveston County, Texas; TYPE
OF FACILITY: refinery; RULE VIOLATED: 30 TAC §116.115(c), Air Quality
Permit Number 19297, and THSC, §382.085(b), by failing to prevent unauthorized
emissions of nitrogen oxide, carbon monoxide, and nitrogen dioxide; and 30
TAC §101.201(a)(1)(B) and THSC, §382.085(b), by failing to submit
an initial notification for an emissions event; PENALTY: $4,162; ENFORCEMENT
COORDINATOR: Daniel Siringi, (409) 898-3838; REGIONAL OFFICE: 5425 Polk Avenue,
Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(13) COMPANY: Rolling Creek Utility District; DOCKET NUMBER: 2005-1710-MWD-E;
IDENTIFIER: RN103888467; LOCATION: Houston, Harris County, Texas; TYPE OF
FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), TPDES
Permit Number 12841001, and the Code, §26.121(a), by failing to comply
with its permitted effluent limits for ammonia nitrogen; PENALTY: $1,632;
ENFORCEMENT COORDINATOR: Pamela Campbell, (512) 239-4493; REGIONAL OFFICE:
5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(14) COMPANY: Seadrift Coke L.P.; DOCKET NUMBER: 2005-2054-PWS-E; IDENTIFIER:
RN102147055; LOCATION: Port Lavaca, Calhoun County, Texas; TYPE OF FACILITY:
public water supply; RULE VIOLATED: 30 TAC §290.113(f)(4) and THSC, §341.0315(c),
by failing to comply with the MCL for TTHM and haloacetic acids; PENALTY:
$645; ENFORCEMENT COORDINATOR: Dana Shuler, (512) 239-2505; REGIONAL OFFICE:
6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5503, (361) 825-3100.
(15) COMPANY: Southline Metal Products Company; DOCKET NUMBER: 2005-1629-AIR-E;
IDENTIFIER: RN100214113; LOCATION: Houston, Harris County, Texas; TYPE OF
FACILITY: steel drum and pail manufacturing; RULE VIOLATED: 30 TAC §116.110(a)
and THSC, §382.085(b) and §382.0518(a), by failing to maintain valid
construction authorization for facilities subject to new source review permitting
requirements; and 30 TAC §122.143(4), §122.145(2), Operating Permit
Number O-01029, and THSC, §382.085(b), by failing to submit a deviation
report; PENALTY: $10,400; ENFORCEMENT COORDINATOR: Amy Burgess, (512) 239-2540;
REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713)
767-3500.
(16) COMPANY: Trent Water Works, Inc. dba Jones Creek Terrace; DOCKET NUMBER:
2005-1910-PWS-E; IDENTIFIER: RN101202752; LOCATION: Freeport, Brazoria County,
Texas; TYPE OF FACILITY: water treatment plant and distribution system; RULE
VIOLATED: 30 TAC §290.113(f)(4) and THSC, §341.0315(c), by exceeding
the MCL for TTHM; PENALTY: $318; ENFORCEMENT COORDINATOR: Harvey Wilson, (512)
239-0321; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486,
(713) 767-3500.
(17) COMPANY: United Petroleum Transports, Inc.; DOCKET NUMBER: 2005-1851-PST-E;
IDENTIFIER: RN102881711; LOCATION: Mesquite, Dallas County, Texas; TYPE OF
FACILITY: fuel distributor and transporter; RULE VIOLATED: 30 TAC §115.221
and THSC, §382.085(b), by failing to ensure that during the transfer
of gasoline from any delivery vessel into a stationary storage container,
which is located at a motor vehicle dispensing station, gasoline vapors displaced
from the gasoline storage container are captured by the delivery vessel through
a vapor recovery system; PENALTY: $816; ENFORCEMENT COORDINATOR: Deana Holland,
(512) 239-2504; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951,
(817) 588-5800.
(18) COMPANY: City of Valley Mills; DOCKET NUMBER: 2005-1676-MWD-E; IDENTIFIER:
RN101916542; LOCATION: Valley Mills, Bosque County, Texas; TYPE OF FACILITY:
wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), (5), and (17), §317.3(b)
and (e)(5), TPDES Permit Number 0010307001, and the Code, §26.121(c),
by failing to ensure that the facility and all of its systems of treatment
and disposal were properly operated and maintained at all times, by failing
to comply with permitted effluent limits for chlorine, DO, BOD5, and TSS,
and by failing to properly submit an annual sludge report; PENALTY: $12,250;
ENFORCEMENT COORDINATOR: Brian Lehmkuhle, (512) 239-4482; REGIONAL OFFICE:
6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.
(19) COMPANY: Volente Beach Restaurant; DOCKET NUMBER: 2005-0932-PWS-E;
IDENTIFIER: RN101227627; LOCATION: Leander, Williamson County, Texas; TYPE
OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.109(c)(2)(A)(i)
and (g), §290.122(c)(2)(B), and THSC, §341.033(d), by failing to
collect and submit routine monthly bacteriological samples; and 30 TAC §290.51(a)(3)
and the Code, §5.702, by failing to pay public health service fees; PENALTY:
$1,588; ENFORCEMENT COORDINATOR: Michael Limos, (512) 239-5839; REGIONAL OFFICE:
1921 Cedar Bend Drive, Suite 150, Austin, Texas 78758-5336, (512) 339-2929.
TRD-200600632
Stephanie Bergeron Perdue
Acting Deputy Director, Office of Legal Services
Texas Commission on Environmental Quality
Filed: February 7, 2006
List of Late Filers
Listed below are the names of filers from the Texas Ethics Commission who
did not file reports, or failed to pay penalty fines for late reports in reference
to the listed filing deadline. If you have any questions, you may contact
Robbie Miller at (512) 463-5800 or (800) 325-8506.
Deadline: Semiannual JC/OH Report Due July 15, 2004
Kip Averitt, 215 Mary Avenue, Suite 303, Waco, Texas 76701
Deadline: Semiannual GPAC/SPAC Report Due July 15,
2004
Eleazar Ramos, Voters for Better Government, 306 Puig Dr., Laredo, Texas
78041
Deadline: Semiannual GPAC/SPAC Report Due January
18, 2005
Eleazar Ramos, Voters for Better Government, 306 Puig Dr., Laredo, Texas
78041
Deadline: Semiannual GPAC/SPAC Report Due July 15,
2005
Joe. W. Arnold, Southeast Texas Democrats, 1226 Port Neches Ave., Port
Neches, Texas 77651
James S. Bowie, Citizens for Term Limitations, P.O. Box 16855, Houston,
Texas 77222-6855
Nathan A. East, San Patricio Republican Party, P.O. Box 1333, Portland,
Texas 78374
Robert E. Johnson, Jr., Gulf Greyhound Partners and Employees PAC, 1122
Colorado #208, Austin, Texas 78701
Ronnie Sowell, Lubbock Professional Police PAC, Security Park, 3602 Slide
Road, Suite B-16, Lubbock, Texas 79414
Deadline: Monthly MPAC Report Due August 5, 2005
Ray Purser, Texas Friends of Time Warner Cable PAC, 16302 Kempton Park,
Spring, Texas 77379
Deadline: Monthly MPAC Report Due September 6, 2005
Robert B. Aguirre, All Children Matter, Texas, P.O. Box 1864, Austin, Texas
78767
Deadline: Monthly MPAC Report Due October 5, 2005
James O. Marston, Texas League of Conservation Voters Political Committee,
44 E. Ave., Ste. 202, Austin, Texas 78701
Deadline: 8 Days Before an Election Report Due October
31, 2005
Glen Maxey, No Nonsense in 2006 PAC, 512 E. Riverside #203, Austin, Texas
78704
Deadline: Monthly MPAC Report Due November 7, 2005
Robert J. Tessen, Texas Osteopathic Medical Assn. PAC, 1415 Lavaca St.,
Austin, Texas 78701-1634
Deadline: Monthly MPAC Report Due December 5, 2005
Donald Piwonka, Verizon Communications Inc. Good Government Club - Texas,
816 Congress Ave., Ste. 1500, Austin, Texas 78701
TRD-200600551
David Reisman
Executive Director
Texas Ethics Commission
Filed: February 1, 2006
Notice of Correction
The Criminal Justice Division (CJD) of the Office of the Governor announced
the availability of grants for the State Criminal Justice Planning (Fund 421)
Program in a Request for Grant Applications (RFA) published in the February
3, 2006, issue of the
Texas Register
(31 TexReg
753). The RFA incorrectly listed "construction" as an ineligible cost under
the heading "Prohibitions".
On page 753, the fifth full paragraph should read as follows:
Prohibitions: Grant funds may not be used to support the following services,
activities, and costs:
(1) proselytizing or sectarian worship;
(2) lobbying;
(3) legal services for adult offenders;
(4) any portion of the salary of, or any other compensation for, an elected
or appointed government official, except in the case of a juvenile court or
drug court;
(5) overtime pay;
(6) transportation, lodging, per diem, or any related costs for participants,
when grant funds are used to develop and conduct training;
(7) vehicles or equipment for government agencies that are for general
agency use;
(8) weapons, ammunition, explosives, or military vehicles;
(9) admission fees or tickets to any amusement park, recreational activity,
or sporting event;
(10) promotional gifts;
(11) food, meals, beverages, or other refreshments unless the expense is
for a working event where full participation by participants mandates the
provision of food and beverages and the event is not related to amusement
and/or social activities in any way;
(12) membership dues for individuals;
(13) any expense or service that is readily available at no cost to the
grant project or that is provided by other federal, state, or local funds
(i.e., supplanting);
(14) fundraising; and
(15) medical services.
If additional information is needed, contact Whitney Stark at whitney.stark@governor.state.tx.us
or (512) 463-1919.
TRD-200600631
David Zimmerman
Assistant General Counsel
Office of the Governor
Filed: February 7, 2006
Licensing Actions for Radioactive Materials
TRD-200600637
Cathy Campbell
General Counsel
Department of State Health Services
Filed: February 8, 2006
The Department of State Health Services (department) will hold a public
hearing to take public comments on the Texas Mental Health Crisis System for
the purposes of identifying, establishing, and maintaining quality crisis
services statewide.
The hearing will be February 23, 2006, at the Big Spring State Hospital,
Allred Building. #538, Auditorium/Room #101, 1901 North Highway 87, Big Spring,
Texas as follows:
3:00 p.m. to 5:30 p.m. (Invited Testimony by Stakeholder Representatives)
6:30 p.m. to 8:30 p.m. (Public Testimony)
Further information may be obtained from Gloria Ratley of the department's
Mental Health and Substance Abuse Services, gloria.ratley@dshs.state.tx.us,
telephone (512) 206-5816. Persons requiring ADA assistance, may contact George
Oteiza, (432) 268-7431 or Jok Simons, (432) 268-7233.
TRD-200600647
Cathy Campbell
General Counsel
Department of State Health Services
Filed: February 8, 2006
The Department of State Health Services (department) will hold a public
hearing to take public comments on the Texas Mental Health Crisis System for
the purposes of identifying, establishing, and maintaining quality crisis
services statewide.
The hearing will be February 27, 2006, at the Valley Baptist Medical Center,
Woodward Conference Center, 2101 Pease, Harlingen, Texas as follows:
3:00 p.m. to 5:30 p.m. (Invited Testimony by Stakeholder Representatives)
6:30 p.m. to 8:00 p.m. (Public Testimony)
Further information may be obtained from Gloria Ratley of the department's
Mental Health and Substance Abuse Services, gloria.ratley@dshs.state.tx.us,
telephone (512) 206-5816. Persons requiring ADA assistance, may contact Coni
Diedrich Aguirre, (956) 289-7130.
TRD-200600648
Cathy Campbell
General Counsel
Department of State Health Services
Filed: February 8, 2006
The Department of State Health Services, having duly filed complaints
pursuant to 25 TAC §289.205, has revoked the following radioactive materials
licenses: Triple G X-Ray and Testing Labs, Inc., Humble, L03136, January 26,
2006; Environmental Measurements Corporation, Fort Worth, L04583, January
26, 2006; Mobile Pet Systems Inc., Houston, L05295, January 26, 2006; Henley
Enterprises, Hewitt, L05372, January 26, 2006; Caney Creek Trading Co., Houston,
L05483, January 26, 2006; MDI Holdings Inc., Dallas, L05501, January 26, 2006.
A copy of all relevant material is available, by appointment, for public
inspection at the Department of State Health Services, Exchange Building,
8407 Wall Street, Austin, Texas, telephone (512) 834-6688, Monday - Friday,
8:00 a.m. to 5:00 p.m. (except holidays).
TRD-200600638
Cathy Campbell
General Counsel
Department of State Health Services
Filed: February 8, 2006
Public Notice
The Texas Health and Human Services Commission announces its intent to
submit to the Centers for Medicare and Medicaid Services, U. S. Department
of Health and Human Services, Transmittal Number TX 06-014, Amendment Number
732 to the Texas State Plan for Medical Assistance, under Title XIX of the
Social Security Act.
This amendment revises the reimbursement methodologies for Primary Home
Care Services (PHC) and Day Activity and Health Services (DAHS) to change
the method for determining the Attendant Compensation Rate Enhancement spending
requirement and reinvestment amounts. As well, the amendment modifies requirements
to qualify for reinvestment under the enhancement program.
The effective date of the amendment is February 1, 2006. The amendment
will not result in a significant fiscal impact in expenditures over the next
two federal fiscal years.
If additional information is needed, please contact Gilbert Estrada by
telephone at (512) 491-1331 or by e-mail at Gilbert.Estrada@hhsc.state.tx.us.
TRD-200600602
Steve Aragón
Chief Counsel
Texas Health and Human Services Commission
Filed: February 6, 2006
Notice of Request for Qualifications for Special Deputies RFQ-SDR-2006-1
The Commissioner of the Texas Department of Insurance (TDI) will be accepting,
through June 30, 2006, responses from individuals or legal entities interested
in providing services as a Special Deputy Receiver ("SDR"). An SDR acts on
behalf of the Commissioner of Insurance in his capacity as the Receiver of
an insurer that is placed in receivership by the courts for purposes of either
rehabilitation or liquidation. Duties and activities under control of an SDR
may include:
Obtaining control of the insurer’s operation and identifying and
securing property and records.
Marshalling, evaluating, and liquidating assets.
Supervising litigation filed by and against the receivership estate.
Operating information systems and extracting data.
Investigating the liability of any parties responsible for the insurer’s
insolvency and identifying any preferential transfers.
Providing notice of the receivership to claimants and interested parties.
Coordinating the referral of claims to guaranty associations and handling
claims against the receivership estate.
Distributing assets to creditors with approved claims.
Filing pleadings, business plans, and other reports.
An Applicant’s approval to be an Approved Contractor will be valid
only during the term of this RFQ, which will commence on or about September
1, 2006, and expire on or about August 31, 2009. Following the expiration
of this three-year term, all Approved Contractors will be required to qualify
in accordance with a subsequent RFQ in order to submit bid proposals issued
after the RFQ term. TDI reserves the right to issue other RFQs for SDRs to
add Approved Contractors, if needed, or to obtain bids for similar or related
services, at any time during the term of this RFQ.
In the event that the Commissioner determines that an SDR should be appointed
in a receivership proceeding during the term of this RFQ, he will issue a
Request for Proposal ("RFP").
Only those individuals
or legal entities that become qualified in accordance with this RFQ ("Approved
Contractors") will have an opportunity to submit a bid proposal in response
to any RFP
.
Contact Information
Interested parties may obtain the RFQ and application forms via TDI’s
web site at http://www.tdi.state.tx.us/company/documents/sdrrfq2006.doc, or
contact Scott Kyle, Financial Program SDR Process, Texas Department of Insurance,
P. O. Box 149104, Mail Code 305-2C, Austin TX 78714, telephone (512) 322-3467,
e-mail sdrcontracting@tdi.state.tx.us. Questions and Answers regarding the
RFQ will appear as needed on TDI’s website.
Evaluation Criteria
Submissions will be evaluated on the basis of the criteria set forth in
the RFQ.
Closing Date
Submissions must comply with all requirements of the RFQ, and must be received
by the designated contact person no later than
3:00
p.m. on June 30, 2006
. Submissions received after that time and date
will not be considered.
Note
TDI reserves the right to accept or reject any or all submissions. TDI
is under no legal or other obligation to execute a contract on the basis of
this notice or the distribution of a subsequent RFP. TDI is not responsible
for any costs incurred in responding to this RFQ or any subsequent RFP.
TRD-200600583
Gene C. Jarmon
Chief Clerk and General Counsel
Texas Department of Insurance
Filed: February 3, 2006
Instant Game Number 647 "Fiesta 50's"
1.0 Name and Style of Game.
A. The name of Instant Game No. 647 is "FIESTA 50's". The play style is
"key number match".
1.1 Price of Instant Ticket.
A. Tickets for Instant Game No. 647 shall be $1.00 per ticket.
1.2 Definitions in Instant Game No. 647.
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, $1.00, $2.00, $4.00, $5.00, $10.00, $20.00, $25.00,
or $50.00.
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 2:16.
Non-winning tickets and high-tier tickets use a non-required combination of
the required codes listed in Figure 2:16 with the exception of ∅, which
will only appear on low-tier winners and will always have a slash through
it.
F. Serial Number - A unique 13 (thirteen) digit number appearing under
the latex scratch-off covering on the front of the ticket. There is a boxed
four (4) digit Security Number placed randomly within the Serial Number. The
remaining nine (9) digits of the Serial Number are the Validation Number.
The Serial Number is positioned beneath the bottom row of play data in the
scratched-off play area. The 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 $1.00, $2.00, $5.00, or $10.00.
H. Mid-Tier Prize - A prize of $50.00.
I. 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.
J. Pack-Ticket Number - A 13 (thirteen) digit number consisting of the
three (3) digit game number (647), 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: 647-0000001-001.
K. Pack - A pack of "FIESTA 50's" Instant Game tickets contains 250 tickets,
packed in plastic shrink-wrapping, and fanfolded in pages of five (5). Tickets
001 to 005 will be on the top page; tickets 006 to 010 on the next page; etc.;
and tickets 246 to 250 will be on the last page with backs exposed. Ticket
001 will be folded over so the front of ticket 001 and 010 will be exposed.
L. Non-Winning Ticket - A ticket which is not programmed to be a winning
ticket or a ticket that does not meet all of the requirements of these Game
Procedures, the State Lottery Act (Texas Government Code, Chapter 466), and
applicable rules adopted by the Texas Lottery pursuant to the State Lottery
Act and referenced in 16 TAC Chapter 401.
M. Ticket or Instant Game Ticket, or Instant Ticket - A Texas Lottery "FIESTA
50's" Instant Game No. 647 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 "FIESTA
50's" Instant Game is determined once the latex on the ticket is scratched
off to expose 11 (eleven) Play Symbols. If a player matches any of Your Numbers
play symbols to the Fiesta Number play symbol, the player wins the prize shown
for that number. No portion of the display printing nor any extraneous matter
whatsoever shall be usable or playable as a part of the Instant Game.
2.1 Instant Ticket Validation Requirements.
A. To be a valid Instant Game ticket, all of the following requirements
must be met:
1. Exactly 11 (eleven) 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 11 (eleven)
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 11 (eleven) Play Symbols must be exactly one of those described
in Section 1.2.C of these Game Procedures;
17. Each of the 11 (eleven) Play Symbols on the ticket must be printed
in the Symbol font and must correspond precisely to the artwork on file at
the Texas Lottery; the ticket Serial Numbers must be printed in the Serial
font and must correspond precisely to the artwork on file at the Texas Lottery;
and the Pack-Ticket Number must be printed in the Pack-Ticket Number font
and must correspond precisely to the artwork on file at the Texas Lottery;
18. The display printing on the ticket must be regular in every respect
and correspond precisely to the artwork on file at the Texas Lottery; and
19. The ticket must have been received by the Texas Lottery by applicable
deadlines.
B. The ticket must pass all additional validation tests provided for in
these Game Procedures, the Texas Lottery's Rules governing the award of prizes
of the amount to be validated, and any confidential validation and security
tests of the Texas Lottery.
C. Any Instant Game ticket not passing all of the validation requirements
is void and ineligible for any prize and shall not be paid. However, the Executive
Director may, solely at the Executive Director's discretion, refund the retail
sales price of the ticket. In the event a defective ticket is purchased, the
only responsibility or liability of the Texas Lottery shall be to replace
the defective ticket with another unplayed ticket in that Instant Game (or
a ticket of equivalent sales price from any other current Instant Lottery
game) or refund the retail sales price of the ticket, solely at the Executive
Director's discretion.
2.2 Programmed Game Parameters.
A. Consecutive non-winning tickets will not have identical play data, spot
for spot.
B. No duplicate non-winning Your Number play symbols on a ticket.
C. No duplicate non-winning prize symbols on a ticket.
2.3 Procedure for Claiming Prizes.
A. To claim a "FIESTA 50's" Instant Game prize of $1.00, $2.00, $5.00,
$10.00, or $50.00, 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 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. As an alternative method of claiming a "FIESTA 50's" 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.
C. 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 the 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.
D. 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 "FIESTA 50's"
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 "FIESTA 50's" 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 10,080,000
tickets in the Instant Game No. 647. 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. 647 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. 647,
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-200600644
Kimberly L. Kiplin
General Counsel
Texas Lottery Commission
Filed: February 8, 2006
1.0 Name and Style of Game.
A. The name of Instant Game No. 696 is "CASINO ROYALE". The play style
for game High Card is "Yours beat Theirs". The play style for game Slots is
"key symbol match with prize legend". The play style for game Roulette is
"key number match".
1.1 Price of Instant Ticket.
A. Tickets for Instant Game No. 696 shall be $20.00 per ticket.
1.2 Definitions in Instant Game No. 696.
A. Display Printing - That area of the instant game ticket outside of the
area where the Overprint and Play Symbols appear.
B. Latex Overprint - The removable scratch-off covering over the Play Symbols
on the front of the ticket.
C. Play Symbol - The printed data under the latex on the front of the instant
ticket that is used to determine eligibility for a prize. Each Play Symbol
is printed in Symbol font in black ink in positive except for dual-image games.
The possible black play symbols are: A, K, Q, J, 10, 9, 8, 7, 6, 5, 4, 3,
2, 7 SYMBOL, BAR SYMBOL, HORSE SHOE SYMBOL, LEMON SYMBOL, BANANA SYMBOL, MELON
SYMBOL, CHERRIES 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, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34,
35, 36, $2.00, $4.00, $5.00, $8.00, $10.00, $20.00, $40.00, $50.00, $80.00,
$100, $200, $400, $1,000, $10,000, and $ONE MILL.
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 2:16.
Non-winning tickets and high-tier tickets use a non-required combination of
the required codes listed in Figure 2:16 with the exception of ∅, which
will only appear on low-tier winners and will always have a slash through
it.
F. Serial Number - A unique 13 (thirteen) digit number appearing under
the latex scratch-off covering on the front of the ticket. There is a boxed
four (4) digit Security Number placed randomly within the Serial Number. The
remaining nine (9) digits of the Serial Number are the Validation Number.
The Serial Number is positioned beneath the bottom row of play data in the
scratched-off play area. The 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 $20.00.
H. Mid-Tier Prize - A prize of $40.00, $80.00, $100, $200, or $400.
I. High-Tier Prize - A prize of $1,000, $10,000 or $1,000,000.
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 (696), a seven (7) digit pack number, and a three
(3) digit ticket number. Ticket numbers start with 001 and end with 025 within
each pack. The format will be: 696-0000001-001.
L. Pack - A pack of "CASINO ROYALE" Instant Game tickets contains 25 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 025 while
the other fold will show the back of ticket 001 and front of 025.
M. Non-Winning Ticket - A ticket which is not programmed to be a winning
ticket or a ticket that does not meet all of the requirements of these Game
Procedures, the State Lottery Act (Texas Government Code, Chapter 466), and
applicable rules adopted by the Texas Lottery pursuant to the State Lottery
Act and referenced in 16 TAC Chapter 401.
N. Ticket or Instant Game Ticket, or Instant Ticket - A Texas Lottery "CASINO
ROYALE" Instant Game No. 696 ticket.
2.0 Determination of Prize Winners. The determination of prize winners
is subject to the general ticket validation requirements set forth in Texas
Lottery Rule 401.302, Instant Game Rules, these Game Procedures, and the requirements
set out on the back of each instant ticket. A prize winner in the "CASINO
ROYALE" Instant Game is determined once the latex on the ticket is scratched
off to expose 51 (fifty-one) Play Symbols. In the game HIGH CARD, if a player’s
your card play symbol beats the dealer’s card play symbol within a hand,
the player wins the prize shown for that hand. Ace is high card. In the game
SLOTS, if a player reveals three matching play symbols within the same row,
the player wins the prize shown in the prize legend. In the game ROULETTE,
if a player’s your number play symbol matches any of the wheel numbers
play symbols in the same wheel, the player wins the prize shown for that number.
No portion of the display printing nor any extraneous matter whatsoever shall
be usable or playable as a part of the Instant Game.
2.1 Instant Ticket Validation Requirements.
A. To be a valid Instant Game ticket, all of the following requirements
must be met:
1. Exactly 51 (fifty-one) 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 51 (fifty-one)
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 51 (fifty-one) Play Symbols must be exactly one of those
described in Section 1.2.C of these Game Procedures;
17. Each of the 51 (fifty-one) 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 High Card: No duplicate non-winning prize symbols.
C. Game High Card: No duplicate hands on a ticket.
D. Game High Card: No ties between Your Card and the Dealer's Card within
a hand.
E. Game High Card: No duplicate non-winning play symbols (Your Cards or
Dealer's Cards).
F. Game SLOTS: No duplicate non-winning rows in any order.
G. Game SLOTS: No two non-winning adjacent rows will contain 3 like symbols.
H. Game ROULETTE: No duplicate Your Numbers play symbols.
I. Game ROULETTE: Non-winning prize symbols will never be the same as the
winning prize symbol(s).
J. Game ROULETTE: No prize amount in a non-winning spot will correspond
with the Wheel Number play symbol (i.e., 5 and $5).
K. Game ROULETTE: No more than 2 like non-winning prize symbols.
L. Game ROULETTE: No duplicate non-winning Wheel Numbers within a wheel.
2.3 Procedure for Claiming Prizes.
A. To claim a "CASINO ROYALE" Instant Game prize of $20.00, $40.00, $80.00,
$100, $200, or $400, 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 $40.00, $80.00,
$100, $200, or $400 ticket. In the event the Texas Lottery Retailer cannot
verify the claim, the Texas Lottery Retailer shall provide the claimant with
a claim form and instruct the claimant on how to file a claim with the Texas
Lottery. If the claim is validated by the Texas Lottery, a check shall be
forwarded to the claimant in the amount due. In the event the claim is not
validated, the claim shall be denied and the claimant shall be notified promptly.
A claimant may also claim any of the above prizes under the procedure described
in Section 2.3.B and Section 2.3.C of these Game Procedures.
B. To claim a "CASINO ROYALE" Instant Game prize of $1,000 or $10,000,
the claimant must sign the winning ticket and present it at one of the Texas
Lottery’s Claim Centers. If the claim is validated by the Texas Lottery,
payment will be made to the bearer of the validated winning ticket for that
prize upon presentation of proper identification. When paying a prize of $600
or more, the Texas Lottery shall file the appropriate income reporting form
with the Internal Revenue Service (IRS) and shall withhold federal income
tax at a rate set by the IRS if required. In the event that the claim is not
validated by the Texas Lottery, the claim shall be denied and the claimant
shall be notified promptly.
C. To claim a "CASINO ROYALE" Instant Game prize of $1,000,000, the claimant
must sign the winning ticket and present it at the Texas Lottery Commission
Claim Center. 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. 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.
D. As an alternative method of claiming a "CASINO ROYALE" 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.
E. 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 the 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.
F. If a person is indebted or owes delinquent taxes to the State, other
than those specified in the preceding paragraph, the winnings of a person
shall be withheld until the debt or taxes are paid.
2.4 Allowance for Delay of Payment. The Texas Lottery may delay payment
of the prize pending a final determination by the Executive Director, under
any of the following circumstances:
A. if a dispute occurs, or it appears likely that a dispute may occur,
regarding the prize;
B. if there is any question regarding the identity of the claimant;
C. if there is any question regarding the validity of the ticket presented
for payment; or
D. if the claim is subject to any deduction from the payment otherwise
due, as described in Section 2.3.D of these Game Procedures. No liability
for interest for any delay shall accrue to the benefit of the claimant pending
payment of the claim.
2.5 Payment of Prizes to Persons Under 18. If a person under the age of
18 years is entitled to a cash prize of less than $600 from the "CASINO ROYALE"
Instant Game, the Texas Lottery shall deliver to an adult member of the minor's
family or the minor's guardian a check or warrant in the amount of the prize
payable to the order of the minor.
2.6 If a person under the age of 18 years is entitled to a cash prize of
more than $600 from the "CASINO ROYALE" 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 3,000,000
tickets in the Instant Game No. 696. 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. 696 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. 696,
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-200600645
Kimberly L. Kiplin
General Counsel
Texas Lottery Commission
Filed: February 8, 2006
1.0 Name and Style of Game.
A. The name of Instant Game No. 697 is "SUPER BINGO". The play style is
"bingo with multiplier".
1.1 Price of Instant Ticket.
A. Tickets for Instant Game No. 697 shall be $5.00 per ticket.
1.2 Definitions in Instant Game No. 697.
A. Display Printing - That area of the instant game ticket outside of the
area where the Overprint and Play Symbols appear.
B. Latex Overprint - The removable scratch-off covering over the Play Symbols
on the front of the ticket.
C. Play Symbol - The printed data under the latex on the front of the instant
ticket that is used to determine eligibility for a prize. Each Play Symbol
is printed in Symbol font in black ink in positive except for dual-image games.
The possible black play symbols are: B01, B02, B03, B04, B05, B06, B07, B08,
B09, B10, B11, B12, B13, B14, B15, I16, I17, I18, I19, I20, I21, I22, I23,
I24, I25, I26, I27, I28, I29, I30, N31, N32, N33, N34, N35, N36, N37, N38,
N39, N40, N41, N42, N43, N44, N45, G46, G47, G48, G49, G50, G51, G52, G53,
G54, G55, G56, G57, G58, G59, G60, O61, O62, O63, O64, O65, O66, O67, O68,
O69, O70, O71, O72, O73, O74, O75, 01, 02, 03, 04, 05, 06, 07, 08, 09, 10,
11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29,
30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48,
49, 50, 51, 52, 53, 54, 55, 56, 57, 58, 59, 60, 61, 62, 63, 64, 65, 66, 67,
68, 69, 70, 71, 72, 73, 74, 75, FREE, 1X, 2X, 3X and 5X.
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 2:16.
Non-winning tickets and high-tier tickets use a non-required combination of
the required codes listed in Figure 2:16 with the exception of ∅ which
will only appear on low-tier winners and will always have a slash through
it.
F. Serial Number - A unique 13 (thirteen) digit number appearing under
the latex scratch-off covering on the front of the ticket. There is a boxed
four (4) digit Security Number placed randomly within the Serial Number. The
remaining nine (9) digits of the Serial Number are the Validation Number.
The Serial Number is positioned beneath the bottom row of play data in the
scratched-off play area. The 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 $25.00, $30.00, $40.00, $50.00, $75.00,
$100, $200, or $500.
I. High-Tier Prize - A prize of $1,000, $2,000, $5,000, $20,000, or $50,000.
J. Bar Code - A 22 (twenty-two) character interleaved two (2) of five (5)
bar code which will include a three (3) digit game ID, the seven (7) digit
pack number, the three (3) digit ticket number, and the nine (9) digit Validation
Number. The bar code appears on the back of the ticket.
K. Pack-Ticket Number - A 13 (thirteen) digit number consisting of the
three (3) digit game number (697), 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: 697-0000001-001.
L. Pack - A pack of "SUPER BINGO" Instant Game tickets contains 75 tickets,
packed in plastic shrink-wrapping and fanfolded in pages of one (1). Ticket
001 will be shown on the front of the pack; the back of ticket 075 will be
revealed on the back of the pack. All packs will be tightly shrink-wrapped.
There will be no breaks between the tickets in a pack. Every other book will
reverse i.e., reverse order will be: the back of ticket 001 will be shown
on the front of the pack and the front of ticket 075 will be shown on the
back of the pack.
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 "SUPER
BINGO" Instant Game No. 697 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 "SUPER BINGO"
Instant Game is determined once the latex on the ticket is scratched off to
expose 181 (one hundred eighty-one) Play Symbols. The player must scratch
off the CALLER’S CARD area to reveal 24 (twenty-four) Bingo Numbers
and six (6) Bonus Numbers. The player must mark all the BINGO NUMBERS on Cards
1 through 6 that match the Bingo Numbers or Bonus Numbers on the Caller’s
Card. Each card has a corresponding prize legend. Players win by matching
those same numbers on the six Player’s Cards. If the player finds a
diagonal, vertical or horizontal straight line, the four corners of the grid,
or an X pattern, they win a prize according to the legend of the respective
player’s card. Examples of play: If a player matches all bingo numbers
plus the Free Space in a complete horizontal, vertical, or diagonal line pattern
in any one card, the player wins the prize according to the legend of the
respective playing card. If the player matches all bingo numbers in all four
(4) corners pattern in any one card, the player wins the prize according to
the legend of the respective playing card. If the player matches all bingo
numbers plus the Free Space to make a complete "X" pattern in any one card,
the player wins the prize according to the legend of the respective playing
card. The player scratches the Prize Multiplier area for a chance to win 2X,
3X, or 5X the prize won. The player can win up to six times on any ticket
but only once on each "card". 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 181 (one hundred eighty-one) 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 181 (one
hundred eighty-one). 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 181 (one hundred eighty-one) Play Symbols must be exactly
one of those described in Section 1.2.C of these Game Procedures;
17. Each of the 181 (one hundred eighty-one) Play Symbols on the ticket
must be printed in the Symbol font and must correspond precisely to the artwork
on file at the Texas Lottery; the ticket Serial Numbers must be printed in
the Serial font and must correspond precisely to the artwork on file at the
Texas Lottery; and the Pack-Ticket Number must be printed in the Pack-Ticket
Number font and must correspond precisely to the artwork on file at the Texas
Lottery;
18. The display printing on the ticket must be regular in every respect
and correspond precisely to the artwork on file at the Texas Lottery; and
19. The ticket must have been received by the Texas Lottery by applicable
deadlines.
B. The ticket must pass all additional validation tests provided for in
these Game Procedures, the Texas Lottery's Rules governing the award of prizes
of the amount to be validated, and any confidential validation and security
tests of the Texas Lottery.
C. Any Instant Game ticket not passing all of the validation requirements
is void and ineligible for any prize and shall not be paid. However, the Executive
Director may, solely at the Executive Director's discretion, refund the retail
sales price of the ticket. In the event a defective ticket is purchased, the
only responsibility or liability of the Texas Lottery shall be to replace
the defective ticket with another unplayed ticket in that Instant Game (or
a ticket of equivalent sales price from any other current Instant Lottery
game) or refund the retail sales price of the ticket, solely at the Executive
Director's discretion.
2.2 Programmed Game Parameters.
A. Consecutive non-winning tickets within a pack will not have identical
patterns.
B. A ticket will win as indicated by the prize structure.
C. A ticket can win up to six times.
D. There will never be more than one win on a single Player’s Card.
E. The highest prize won per card will be paid.
F. No duplicate numbers will appear on the Caller’s Card.
G. No duplicate numbers will appear on each individual Player’s Card.
H. The number range used for each letter will be as follows: B: 01 - 15,
I: 16 - 30, N: 31 - 45, G: 46 - 60, O: 61 - 75.
I. Each Player’s Card on the same ticket must be unique.
2.3 Procedure for Claiming Prizes.
A. To claim a "SUPER BINGO" Instant Game prize of $5.00, $10.00, $15.00,
$20.00, $25.00, $30.00, $40.00, $50.00, $75.00, $100, $200, or $500, a claimant
shall sign the back of the ticket in the space designated on the ticket and
present the winning ticket to any Texas Lottery Retailer. The Texas Lottery
Retailer shall verify the claim and, if valid, and upon presentation of proper
identification, make payment of the amount due the claimant and physically
void the ticket; provided that the Texas Lottery Retailer may, but is not,
in some cases, required to pay a $25.00, $30.00, $40.00, $50.00, $75.00, $100,
$200, or $500 ticket. In the event the Texas Lottery Retailer cannot verify
the claim, the Texas Lottery Retailer shall provide the claimant with a claim
form and instruct the claimant on how to file a claim with the Texas Lottery.
If the claim is validated by the Texas Lottery, a check shall be forwarded
to the claimant in the amount due. In the event the claim is not validated,
the claim shall be denied and the claimant shall be notified promptly. A claimant
may also claim any of the above prizes under the procedure described in Section
2.3.B and Section 2.3.C of these Game Procedures.
B. To claim a "SUPER BINGO" Instant Game prize of $1,000, $2,000, $5,000,
$20,000, or $50,000, the claimant must sign the winning ticket and present
it at one of the Texas Lottery’s Claim Centers. If the claim is validated
by the Texas Lottery, payment will be made to the bearer of the validated
winning ticket for that prize upon presentation of proper identification.
When paying a prize of $600 or more, the Texas Lottery shall file the appropriate
income reporting form with the Internal Revenue Service (IRS) and shall withhold
federal income tax at a rate set by the IRS if required. In the event that
the claim is not validated by the Texas Lottery, the claim shall be denied
and the claimant shall be notified promptly.
C. As an alternative method of claiming a "SUPER BINGO" Instant Game prize,
the claimant must sign the winning ticket, thoroughly complete a claim form,
and mail both to: Texas Lottery Commission, Post Office Box 16600, Austin,
Texas 78761-6600. The risk of sending a ticket remains with the claimant.
In the event that the claim is not validated by the Texas Lottery, the claim
shall be denied and the claimant shall be notified promptly.
D. Prior to payment by the Texas Lottery of any prize, the Texas Lottery
shall deduct a sufficient amount from the winnings of a person who has been
finally determined to be:
1. delinquent in the payment of a tax or other money collected by the Comptroller
of Public Accounts, the Texas Workforce Commission, or the Texas Alcoholic
Beverage Commission;
2. delinquent in making child support payments administered or collected
by the Office of the Attorney General; or
3. delinquent in reimbursing the Texas Health and Human Services Commission
for a benefit granted in error under the food stamp program or the program
of financial assistance under Chapter 31, Human Resources Code;
4. in default on a loan made under Chapter 52, Education Code; or
5. in default on a loan guaranteed under Chapter 57, Education Code.
E. If a person is indebted or owes delinquent taxes to the State, other
than those specified in the preceding paragraph, the winnings of a person
shall be withheld until the debt or taxes are paid.
2.4 Allowance for Delay of Payment. The Texas Lottery may delay payment
of the prize pending a final determination by the Executive Director, under
any of the following circumstances:
A. if a dispute occurs, or it appears likely that a dispute may occur,
regarding the prize;
B. if there is any question regarding the identity of the claimant;
C. if there is any question regarding the validity of the ticket presented
for payment; or
D. if the claim is subject to any deduction from the payment otherwise
due, as described in Section 2.3.D of these Game Procedures. No liability
for interest for any delay shall accrue to the benefit of the claimant pending
payment of the claim.
2.5 Payment of Prizes to Persons Under 18. If a person under the age of
18 years is entitled to a cash prize of less than $600 from the "SUPER BINGO"
Instant Game, the Texas Lottery shall deliver to an adult member of the minor's
family or the minor's guardian a check or warrant in the amount of the prize
payable to the order of the minor.
2.6 If a person under the age of 18 years is entitled to a cash prize of
more than $600 from the "SUPER BINGO" Instant Game, the Texas Lottery shall
deposit the amount of the prize in a custodial bank account, with an adult
member of the minor's family or the minor's guardian serving as custodian
for the minor.
2.7 Instant Ticket Claim Period. All Instant Game prizes must be claimed
within 180 days following the end of the Instant Game or within the applicable
time period for certain eligible military personnel as set forth in Texas
Government Code, §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. 697. 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. 697 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. 697,
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-200600646
Kimberly L. Kiplin
General Counsel
Texas Lottery Commission
Filed: February 8, 2006
Correction - Workforce Network Service Provider Request for Proposal
The Permian Basin Workforce Development Board announces the release of
a Request for Proposal (RFP) for workforce services effective February 8,
2006. All interested private not-for-profit, private for-profit, or public
agencies/organizations are invited to submit a proposal. The purpose of the
RFP is to purchase services to manage and operate the workforce network center
system. The selected contractor will provide workforce services to employers,
job seekers, and youth in a business-driven environment. Services will be
delivered in the 17 counties of the Permian Basin: Andrews, Borden, Crane,
Dawson, Ector, Gaines, Glascock, Howard, Loving, Martin, Midland, Pecos, Reeves,
Terrell, Upton, Ward, and Winkler.
An RFP packet may be obtained beginning February 8, 2006 by contacting:
Gail Dickenson
Permian Basin Workforce Development Board
P. O. Box 61947, Midland, TX 79711
(432) 563-5239
Fax (432) 561-8785.
The deadline for submitting a proposal is March 24, 2006 at 5:00 p.m. Central
Daylight Savings Time.
TRD-200600565
Gail Dickenson
Deputy Director
Permian Basin Workforce Development Board
Filed: February 3, 2006
Announcement of Application for Amendment to State-Issued Certificate of Franchise Authority
The Public Utility Commission of Texas (commission) received an application
on February 1, 2006, for an amendment to its state-issued certificate of franchise
authority (CFA), pursuant to Public Utility Regulatory Act (PURA) §§66.001
- 66.016.
Project Title and Number: Application of Cox Communications to Amend its
State-Issued Certificate of Franchise Authority, Project Number 32355 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 32355.
TRD-200600623
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: February 6, 2006
The Public Utility Commission of Texas (commission) received an application
on February 1, 2006, for a state-issued certificate of franchise authority
(CFA), pursuant to Public Utility Regulatory Act (PURA) §§66.001-
66.016. A summary of the application follows.
Project Title and Number: Application of Comcast of Texas II, L.P. for
a State-Issued Certificate of Franchise Authority, Project Number 32359 before
the Public Utility Commission of Texas.
Applicant intends to provide cable service. The requested CFA service area
footprint is the area located within the municipal boundaries of the City
of Garland and the City of Hebron, including any future annexations.
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 32359.
TRD-200600624
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: February 6, 2006
The Public Utility Commission of Texas (commission) received an application
on February 1, 2006, for a state-issued certificate of franchise authority
(CFA), pursuant to Public Utility Regulatory Act (PURA) §§66.001-
66.016. A summary of the application follows.
Project Title and Number: Application of Comcast of Texas I, L.P. for a
State-Issued Certificate of Franchise Authority, Project Number 32360 before
the Public Utility Commission of Texas.
Applicant intends to provide cable service. The requested CFA service area
footprint is the area located within the municipal boundaries of the City
of Elkhart, including any future annexations, and areas serviced within Anderson
County outside the City of Elkhart municipal boundaries.
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 32360.
TRD-200600625
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: February 6, 2006
The Public Utility Commission of Texas (commission) received an application
on February 1, 2006, for a state-issued certificate of franchise authority
(CFA), pursuant to Public Utility Regulatory Act (PURA) §§66.001-
66.016. A summary of the application follows.
Project Title and Number: Application of Comcast of Plano, L.P. for a State-Issued
Certificate of Franchise Authority, Project Number 32362 before the Public
Utility Commission of Texas.
Applicant intends to provide cable service. The requested CFA service area
footprint is the area located within the municipal boundaries of the City
of Parker, including any future annexations, and areas serviced within Collin
County outside the City of Parker municipal boundaries.
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 32362.
TRD-200600626
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: February 6, 2006
The Public Utility Commission of Texas received an application on January
30, 2006, to amend a state-issued certificate of franchise authority (CFA),
pursuant to §§66.001 - 66.016 of the Public Utility Regulatory Act
(PURA). A summary of the application follows.
Project Title and Number: Application of Texas and Kansas City Cable Partners,
L.P d/b/a Time Warner Cable to Amend its State-Issued Certificate of Franchise
Authority, Project Number 32347 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 32347.
TRD-200600560
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: February 2, 2006
Notice is given to the public of a joint application for sale, transfer,
or merger filed with the Public Utility Commission of Texas on January 31,
2006, pursuant to the Public Utility Regulatory Act, TEXAS UTILITY CODE ANNOTATED §14.101
and Chapter 37 (Vernon 1998 & Supplemental 2005) (PURA).
Docket Style and Number: Joint Application of Tri-County Electric Cooperative,
Inc. of Oklahoma and Southwestern Public Service Company Regarding Sale of
Facilities in Texas and Related Certificate of Convenience and Necessity (CCN)
Rights, Docket Number 32353.
The Application: On January 31, 2006, Tri-County Electric Cooperative,
Inc. of Oklahoma d/b/a Texhoma Tri-County Electric, Inc. (Texhoma) and Southwestern
Public Service Company d/b/a Xcel Energy (SPS) (collectively, Applicants)
filed a joint application for approval of an order finding that the sale from
SPS to Texhoma of certain electric distribution facilities (Texas Assets)
located in and around the City of Texhoma, Texas is in the public interest.
Applicants also request approval to transfer related Certificate of Convenience
and Necessity rights from SPS's Certificate of Convenience and Necessity Number
30153 to Texhoma in order to provide electric service to customers served
by the Texas Assets, and for such other relief that may be required to fulfill
the intent of the Applicants and purposes of the transaction. Pursuant to
the terms and conditions of the Asset Purchase Agreement between Applicants,
SPS will sell to Texhoma most of SPS's regulated electrical transmission and
distribution assets serving certain geographical areas located in northwestern
Oklahoma, southwestern Kansas, and the city and environs of Texhoma, Texas.
The value of the distribution assets being sold in Texas is $500,000.
Persons who wish to intervene in the proceeding or comment upon the action
sought should contact the Public Utility Commission of Texas, P.O. Box 13326,
Austin, Texas 78711-3326, or call the Commission's Office of Customer Protection
at (512) 936-7120 or (888) 782-8477. Hearing- and speech-impaired individuals
with text telephones (TTY) may contact the commission at (512) 936-7136 or
use Relay Texas (toll-free) 1-800-735-2989. All correspondence should refer
to Docket Number 32353.
TRD-200600563
Adriana Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: February 2, 2006
Notice is given to the public of a joint application for sale, transfer,
or merger filed with the Public Utility Commission of Texas (commission) on
February 6, 2006, pursuant to the Public Utility Regulatory Act, Texas Utilities
Code Annotated §§14.101, 39.154, and 39.158 (Vernon 1998 & Supplement
2005) (PURA).
Docket Style and Number: Application of FPL Group, Inc. and Constellation
Energy Group, Inc. Pursuant to §39.158 of the Public Utility Regulatory
Act, Docket Number 32397.
The Application: On February 6, 2006, FPL Group, Inc. (FPL) and its subsidiary,
FPL Energy, LLC (FPL Energy) (collectively, FPL Group), Constellation Energy
Group, Inc. (Constellation), and its subsidiary, Rio Nogales Power Project,
LP (Constellation Energy) filed an application for approval of FPL's merger
with a wholly-owned subsidiary of Constellation. Pursuant to the definitive
Agreement and Plan of Merger (Merger Agreement), FPL will merge into a wholly-owned
subsidiary of Constellation, at which time FPL will become a wholly-owned
subsidiary of Constellation. Following the merger, Constellation will become
the corporate parent of FPL and will remain the corporate parent of all the
subsidiaries that Constellation held prior to the merger. The combined company
will be named Constellation Energy Group, Inc. FPL is a Florida corporation
and Constellation is a Maryland corporation.
In Texas, FPL owns and operates (or will own and operate within the next
12 months) approximately 15 power generation companies (PGCs) with a total
generation capacity for 2005 and 2006 of 4,310.79 MW. In Texas, Constellation
Energy owns and operates Rio Nogales, a combined-cycle generating plant with
765 MW of generating capacity as reported to the Electric Reliability Council
of Texas (ERCOT) in 2005. Neither company controls any additional generation
capacity within ERCOT. The combined company will own 5,075.79 MW of installed
generation capacity in ERCOT. The combined capacity is 6.25% of the total
installed generation capacity in ERCOT and within the capacity limitation
set forth in PURA §39.154.
Persons who wish to intervene in the proceeding or comment upon the action
sought should contact the Public Utility Commission of Texas, P. O. Box 13326,
Austin, Texas 78711-3326, or call the commission's Office of Customer Protection
at (512) 936-7120 or (888) 782-8477. Hearing and speech-impaired individuals
with text telephones (TTY) may contact the commission at (512) 936-7136 or
use Relay Texas (toll-free) 1-800-735-2989. All correspondence should refer
to Docket Number 32397.
TRD-200600635
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: February 7, 2006
Notice is given to the public of the filing with the Public Utility Commission
of Texas of an application on January 30, 2006, for a service provider certificate
of operating authority (SPCOA), pursuant to §§54.151 - 54.156 of
the Public Utility Regulatory Act (PURA). A summary of the application follows.
Docket Title and Number: Application of Tri Telecom LLC for a Service Provider
Certificate of Operating Authority, Docket Number 32348 before the Public
Utility Commission of Texas.
Applicant intends to provide plain old telephone service.
Applicant's requested SPCOA geographic area includes the SBC and Verizon-SW
Dallas Local Access and Transport Area.
Persons who wish to comment upon the action sought should contact the Public
Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326,
or by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than
February 22, 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 32348.
TRD-200600561
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: February 2, 2006
Notice is given to the public of the filing with the Public Utility Commission
of Texas of a petition on January 30, 2006, for waiver of denial by the North
American Numbering Plan Administration (NANPA) Pooling Administrator (PA)
of Bestline, LLP's (Bestline) request for additional numbering resources with
Extended Area Service code J in the Bastrop rate center.
Docket Title and Number: Request for Waiver of Denial of Numbering Resources
- Bastrop Rate Center. Docket Number 32349.
The Application: Bestline requested resources from Southwestern Bell Corp
(SBC) which owns the three current central office codes as requested by the
PA. SBC denied any resources to Bestline.
Persons who wish to comment upon the action sought should contact the Public
Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326,
or by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than
February 22, 2006. Hearing and speech-impaired individuals with text telephones
(TTY) may contact the commission at (512) 936-7136 or toll free at 1-800-735-2989.
All comments should reference Docket Number 32349.
TRD-200600562
Adriana Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: February 2, 2006
Office of the Attorney General
Coastal Coordination Council
Comptroller of Public Accounts
Office of Consumer Credit Commissioner
Texas Education Agency
Texas Commission on Environmental Quality
Notice of District Petition
Notice of Opportunity to Comment on Default Orders of Administrative Enforcement Actions
Notice of Opportunity to Comment on Settlement Agreements of Administrative Enforcement Actions
Notice of Public Hearing on Proposed Revisions to Chapters 30, 55, 222, 281, 305, 309, and 331
Notice of Water Quality Applications
Proposal for Decision
Proposed Enforcement Orders
Texas Ethics Commission
Office of the Governor
Department of State Health Services
Notice of Public Hearing in Big Spring, Texas on Redesign of the Statewide Mental Health Crisis System
Notice of Public Hearing in Harlingen, Texas on Redesign of the Statewide Mental Health Crisis System
Notice of Revocation of Radioactive Material Licenses
Texas Health and Human Services Commission
Texas Department of Insurance
Texas Lottery Commission
Instant Game Number 696 "Casino Royale"
Instant Game Number 697 "Super Bingo"
Permian Basin Workforce Development Board
Public Utility Commission of Texas
Announcement of Application for State-Issued Certificate of Franchise Authority
Announcement of Application for State-Issued Certificate of Franchise Authority
Announcement of Application for State-Issued Certificate of Franchise Authority
Announcement of Application to Amend a State-Issued Certificate of Franchise Authority
Notice of Application for Sale, Transfer, or Merger
Notice of Application for Sale, Transfer, or Merger
Notice of Application for Service Provider Certificate of Operating Authority
Notice of Petition for Waiver of Denial of Request for NXX Code
Texas Department of Transportation