Office of the Attorney General
Texas Health and Safety Code Settlement Notice
Notice is hereby given by the State of Texas of the following proposed
revisions to the injunctive portions of a judgment rendered in a lawsuit brought
under the Texas Health and Safety Code. Before the State may settle a judicial
enforcement action under the Health and Safety 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 Code.
Case Title and Court:
State of Texas v. La Joya Water Supply Corp.
, Cause No. GV400991; in
the 53rd Judicial District Court, Travis County, Texas.
Nature of Defendant's Operations: Defendant operates a public drinking
water system in Hidalgo and Starr Counties of Texas. Defendant's public drinking
water system serves approximately 12,000 residents. The State initiated the
suit to enforce the rules of the TCEQ regarding the operation public drinking
water systems. On April 29, 2004, the parties entered an Agreed Final Judgment,
which provides for a permanent injunction ordering the Defendant to improve
the system.
Proposed Modified Agreed Final Judgment: The parties now seek to file An
Agreed Final Judgment and Modified Permanent Injunction, which allows the
Defendant to utilize other means to come into compliance with State law and
improve its system. It also extends the deadlines set forth in the 2004 Agreed
Judgment, but it makes the requirements for compliance clearer than they were
in the 2004 Agreed Judgment. This new Agreed Final Judgment and Modified Permanent
Injunction retains the same civil penalties as the 2004 Agreed Judgment, payable
unless certain tasks are completed in a timely manner, using the new requirements
and deadlines. This Judgment also acknowledges that Defendant has already
paid $30,000 in civil penalties and attorney's fees of $15,000.00, as assessed
in the original Agreed Final Judgment.
For a complete description of the proposed settlement, the complete proposed
Modified Agreed Final Judgment and Permanent Injunction should be reviewed.
Requests for copies of the judgment, and written comments on the proposed
settlement, should be directed to Lisa Sanders Richardson, Assistant Attorney
General, Office of the Texas Attorney General, P. O. Box 12548, Austin, Texas
78711-2548, (512) 463-2012, facsimile (512) 320-0911. 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-200603572
Stacey Schiff
Deputy Attorney General
Office of the Attorney General
Filed: June 30, 2006
Invitation for Bid
TBPC Project No. 06-036-7209
Project Name: Replace Rooftop Units, Human Services Warehouse, 1111 West
North Loop, Austin, Texas 78756, for the Texas Building and Procurement Commission
(TBPC)
Sealed Bids for this project will be received until 3:00 PM, July 26, 2006,
at the Bid Room, Room 100, 1711 San Jacinto, Austin, Texas 78701. See the
Invitation for Bid (IFB) for other delivery choices.
Plans and specifications may be obtained from the A/E, PBS&J Architecture,
1120 Capital of Texas Highway, South, Building 3, Suite 100, San Antonio,
Texas 78746, Phone: (512) 328-9551, Fax: (512) 328-9557, for a deposit of
$50.00, refundable upon return of a complete, unmarked set(s).
PRE-BID CONFERENCE AND SITE REVISIT:
The
non-mandatory pre-bid conference is scheduled for July 13, 2006 at 10:00 AM.
The follow up revisit to the site is scheduled for July 18, 2006 at 9:00 AM.
Attendance to the pre-bid conference or the site visit is highly recommended.
Only bids submitted on the official CONTRACTOR'S BID FORM found in the
Project Manual or the IFB will be accepted.
The IFB may be obtained by contacting TBPC Internal Procurement, Attention:
John Goodrich (Fax: (512) 236-6164), john.goodrich@tbpc.state.tx.us or through
the Electronic State Business Daily at: http://esbd.tbpc.state.tx.us/1380/bid_show.cfm?bidid=65810
No oral explanation in regard to the meaning of the Drawings and Specifications
will be made and no oral instructions will be given before the award of the
Contract. Discrepancies, omissions or doubts as to the meaning of Drawings
and Specifications and all communications concerning the project shall be
communicated in writing to the contact and numbers above for interpretation.
Bidders should act promptly and allow sufficient time for a reply to reach
them before the submission of their Bids. Any interpretation made will be
in the form of an addendum to the Specifications, which will be forwarded
to all known Bidders and its receipt by the Bidder shall be acknowledged on
the Contractor's Bid Form or on the face of the Addendum and returned with
the bid.
TRD-200603528
Ingrid K. Hansen
General Counsel
Texas Building and Procurement Commission
Filed: June 29, 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 June 23, 2006,
through June 29, 2006. As required by federal law, the public is given an
opportunity to comment on the consistency of proposed activities in the coastal
zone undertaken or authorized by federal agencies. Pursuant to 31 TAC §§506.25,
506.32, and 506.41, the public comment period for these activities extends
30 days from the date published on the Coastal Coordination Council web site.
The notice was published on the web site on July 5, 2006. The public comment
period for these projects will close at 5:00 p.m. on August 4, 2006.
FEDERAL AGENCY ACTIONS:
Applicant: Hoxie Development, Ltd
; Location:
The project is located immediately north of the FM 2031 and Gulf Intracoastal
Waterway intersection, in Matagorda, Matagorda County, Texas. The proposed
borrow area is located north of South Gulf Road, approximately 1.3 miles northeast
of the project area. The project can be located on the U.S.G.S. quadrangle
map entitled: Matagorda, Texas. Approximate UTM Coordinates in NAD 27 (meters):
Zone 15; Easting: 210253; Northing: 3176926 (Project Site). Zone 15; Easting:
212031; Northing: 3178602 (Borrow Site). Project Description: The applicant
proposes to construct a waterfront residential development community that
provides residents access to the area's water resources. Specifically, the
applicant proposes to replace 986 linear feet of existing bulkheads and construct
approximately 1,814 linear feet of new bulkheads, construct approximately
45 residential lots and new access roads on an 18.7-acre tract with existing
excavated canals. The applicant plans to excavate approximately 16,796 cubic
yards of silt and clay material from 3.87 acres of existing canals (open water),
fill 0.82 acre of open water within the existing excavated canals, dredge
0.094 acre of wetlands contiguous with the existing canals, and fill 0.07
acre of wetlands contiguous with the existing canals. A mechanical dredge
would be used for all the dredge work and the material would be placed behind
the Matagorda ring levee to raise and level the on-site lots in that area.
Additionally, the applicant proposes to fill 0.38 acre of wetlands adjacent
to the Gulf Intracoastal Waterway and impact 0.30 acre of oysters by filling
or dredging. The applicant also proposes to construct a boat ramp (26' x 40')
and construct 45 boat shelters that would extend 40 feet from the canal banks.
For mitigation, the applicant proposes to avoid 0.14 acre of wetlands adjacent
to the GIWW, 3.0 acres of open water and 0.08 acre of oysters (on site). Furthermore,
the applicant proposes to construct 0.981 acre of tidal fringe wetlands/shallow
water habitat on site, of which approximately 0.6 acre would be tidal fringe
wetlands. The shallow water habitat is expected to be naturally colonized
by oysters or additional tidal fringe wetlands (on site). CCC Project No.:
06-0336-F1; Type of Application: U.S.A.C.E. permit application #24133 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 Commission on Environmental
Quality under §401 of the Clean Water Act.
Applicant: Freeport LNG Development, L.P.
;
Location: The project is located at on Quintana Island in Brazoria County,
Texas, along the Freeport Harbor Channel (Channel) and the Gulf Intracoastal
Waterway (GIWW). The project can be located on the U.S.G.S. quadrangle map
entitled: Freeport, Texas. Approximate UTM Coordinates: Zone 15; Easting:
275192; Northing: 3203304. Project Description: The applicant, Freeport LNG
Development, L.P., is requesting authorization to amend Department of the
Army Permit Number 23078 to expand their previously authorized facility. Expansion
includes the addition of a second marine berthing dock and associated unloading
facilities for ships transporting liquefied natural gas (LNG) at the existing
Freeport LNG Terminal Facility. In addition to the second dock and unloading
facilities, the applicant will also construct new and expanded vaporization
systems and an additional LNG storage tank on the property. At the Stratton
Ridge site, located approximately 9 miles north of the project area, the applicant
proposes to expand the existing storage facility to accommodate the increased
amount of LNG that will be transported through the area. All of the proposed
additional facilities will be constructed within or immediately adjacent to
the boundary of the previously authorized facilities. A second unloading dock
is proposed. This dock will be located west and opposite of the previously
authorized dock, at the northeast end of the terminal facility. The second
unloading dock will be designed to accommodate ships with capacities from
88,000 cubic meters to 250,000 cubic meters. The proposed berthing area for
both docks will be approximately 1,880 feet wide at its entrance and will
have 3:1 side slopes. Simultaneous unloading at both docks will accommodate
up to 400 ships per year. The jetty platform associated with the new dock
will be a single-level reinforced concrete beam and slab structure supported
on piles and measuring approximately 100 feet long by 90 feet wide. A 30-foot
by 45-foot extension will support the jetty control building. Four additional
breasting dolphins are also proposed. The dolphins will consist of reinforced
concrete structures on piles and will be equipped with fenders suitable for
safely berthing and mooring the full range of ships under consideration. Catwalks
will be constructed to connect the breasting dolphins with to the unloading
dock and mooring dolphins. Six mooring dolphins will be constructed consisting
of reinforced concrete caps supported on steel piles. The slabs will be 29
feet long by 15 feet wide. Dredging operations associated with the second
dock will be closely aligned with those currently authorized for the original
dock. The berthing area will be dredged perpendicular to the Freeport Harbor
Channel to a depth of -46.5 feet (NAVD 88) with a 2-foot allowable overdepth.
The end of the slip will be 2,200 feet from the near bottom edge of the ship
channel. Construction of the second dock will involve the hydraulic dredging
of approximately 754,000 cubic yards of material. This material will be discharged
in one or more of the Port of Freeport's Dredged Material Placement Areas
currently authorized by the existing permit. Construction of the second dock
will result in the creation of 13.93 acres of open water habitat. Construction
of the second unloading dock and associated facilities at the Quintana Island
site will result in permanent impacts to 4.38 acres of estuarine wetland habitat.
These impacts were originally characterized as temporary (for the original
authorization). In addition, 2.59 acres of previously un-impacted estuarine
wetlands would now be permanently impacted and the restoration of 1.52 acres
of temporarily impacted wetlands would be delayed as a result of ongoing construction
activities on the site. In all, a total of 6.97 acres of estuarine wetlands
and 1.78 acres of open water habitat would be permanently impacted as a result
of the expansion of the Freeport LNG Terminal Facility. In addition to the
impacts associated with the construction of the second dock and additional
onsite facilities, 0.50 acre of palustrine wetlands at the Stratton Ridge
Underground Storage Site will be permanently affected. Additional temporary
impacts associated with construction activities near the Stratton Ridge site
may also occur. There are no new impacts associated with the installation
and maintenance of a 42-inch send-out pipeline (previously authorized). To
compensate for impacts to the aquatic environment associated with the Freeport
LNG Development, L.P. expansion project, the applicant proposes to place seven,
5-acre tracts of land, located along the pipeline route, into a conservation
easement. Temporarily impacted wetland areas will be restored per the original
mitigation plan dated December 2004. Permit 23078 was issued on 30 December
2004 and authorized the construction, operation, and maintenance of a liquefied
natural gas receiving and transportation facility consisting of a marine terminal,
storage and vaporization facility, pipeline, and associated electric utility
line. Amendment (01) was issued on 10 April 2005, and authorized the construction
of a temporary barge dock to offload sand and aggregate materials necessary
to facilitate the construction of the Freeport LNG Terminal Facility. The
original permit authorized the installation of a 36-inch-diameter pipeline.
However, since the permit was issued, the pipeline diameter has been increased
to 42 inches. Amendment (02) was issued on 7 March 2006, and authorized temporary
and permanent impacts to waters of the United States associated with minor
modifications to the previously permitted pipeline route. Amendment (03) (pending)
reflects a request to: 1) add scour protection at the previously permitted
Marine Terminal Berthing Area; 2) remove an existing FOC dock facility; 3)
construct a temporary low-water crossing on the north side of the terminal
facility; and 4) install open-celled articulated block matting in a portion
of the mitigation area to prevent erosion. Amendment (04) (pending) involves
a partial permit transfer to remove the permitted electric transmission line
from the authorization. CCC Project No.: 06-0340-F1; Type of Application:
U.S.A.C.E. permit application #23078(05) 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, Consistency Review Coordinator, Coastal Coordination Council,
P.O. Box 12873, Austin, Texas 78711-2873, or tammy.brooks@glo.state.tx.us.
Comments should be sent to Ms. Brooks at the above address or by fax at (512)
475-0680.
TRD-200603611
Larry L. Laine
Chief Clerk/Deputy Land Commissioner, General Land Office
Coastal Coordination Council
Filed: July 5, 2006
Notice of Award
Pursuant to Chapters 403 and 404 Texas Government Code; the Comptroller
of Public Accounts (Comptroller) announces under its Request for Proposals
RFP (175h) the award of the following contract:
A contract is awarded to JPMorgan Chase Bank, N.A., 221 West 6th St., Austin,
Texas 78701 (Contractor). The total contract amount is dependent on usage
of automated clearing house services by state agencies.
The Comptroller's Request for Proposals 175h (RFP) related to this contract
award was published in the April 7, 2006,
Texas Register
(31 TexReg 3077).
The term of the contract is September 1, 2006 through August 31, 2009 and
may be extended one (1) time for one (1) year.
TRD-200603532
William Clay Harris
General Counsel, Contracts
Comptroller of Public Accounts
Filed: June 30, 2006
Pursuant to Chapter 2107, §2107.003, Texas Government Code; the Comptroller
of Public Accounts (Comptroller) announces under its Request for Proposals
RFP (175j) the award of the following contract:
A contract is awarded to OSI Collection Services, Inc., 800 Wilcrest, Suite
300, Houston, Texas 77042 (Contractor). The total contract amount is based
on a percentage of the amounts collected on delinquent tax accounts referred
to the Contractor. No minimum amount is guaranteed.
The Comptroller's Request for Proposals 175j (RFP) related to this contract
award was published in the March 31, 2006,
Texas
Register
(31 TexReg 2898).
The term of the contract is September 1, 2006 through August 31, 2008 and
may be extended two (2) times for one (1) year at a time.
TRD-200603571
William Clay Harris
General Counsel, Contracts
Comptroller of Public Accounts
Filed: June 30, 2006
Pursuant to Chapter 403, Chapter 2254, Subchapter A, Texas Government Code,
and Chapter 111 Texas Tax Code, the Comptroller of Public Accounts (Comptroller)
announces this notice of amendment of existing Master Agreement for Professional
Services (Master Agreement) between the following Contractors and the Comptroller
resulting from RFQ 172k.
Effective in September 2005, the Comptroller, and the Contractors entered
into Master Agreements for Professional Services resulting from RFQ 172k.
The initial term of the Master Agreement was from September 2005 through August
31, 2006. The Master Agreements listed below were amended in June, 2006 in
order to extend their terms from their original termination date on August
31, 2006 until August 31, 2007. The Master Agreements, by their terms, allow
for a single one-year only extension of the Master Agreements. The six (6)
amendments below reflect the exercise by the Comptroller of the only one (1)
one-year extension available under the Master Agreement.
The Comptroller announces that six (6) Master Agreements were amended as
follows:
Contract amendment with Charles F. Hobbs, 3830 FM 967, Buda, TX 78610.
Examinations will be assigned in $60,000, $75,000 or $90,000 increments or
packages but no contract examiner shall have examination packages totaling
more than $150,000 in fees during any one state fiscal year during the contract
term or any extension thereof. The term of the Master Agreement is extended
from its current expiration on August 31, 2006 until August 31, 2007.
Contract amendment with The JSO Group, Inc., 11610 Aucuba Lane, Houston,
TX 77095. Examinations will be assigned in $60,000, $75,000 or $90,000 increments
or packages but no contract examiner shall have examination packages totaling
more than $150,000 in fees during any one state fiscal year during the contract
term or any extension thereof. The term of the Master Agreement is extended
from its current expiration on August 31, 2006 until August 31, 2007.
Contract amendment with Raymond Peterson & Associates, 5787 Hampton
Rd. 305, Dallas, TX 75232-2255. Examinations will be assigned in $60,000,
$75,000 or $90,000 increments or packages but no contract examiner shall have
examination packages totaling more than $150,000 in fees during any one state
fiscal year during the contract term or any extension thereof. The term of
the Master Agreement is extended from its current expiration on August 31,
2006 until August 31, 2007.
Contract amendment with Stephen T. Broad, 1218 Gordon Blvd., San Angelo,
TX 76905. Examinations will be assigned in $60,000, $75,000 or $90,000 increments
or packages but no contract examiner shall have examination packages totaling
more than $150,000 in fees during any one state fiscal year during the contract
term or any extension thereof. The term of the Master Agreement is extended
from its current expiration on August 31, 2006 until August 31, 2007.
Contract amendment with Vernice Seriale, Jr., 11612 Cross Spring Dr., Pearland,
TX 77584. Examinations will be assigned in $60,000, $75,000 or $90,000 increments
or packages but no contract examiner shall have examination packages totaling
more than $150,000 in fees during any one state fiscal year during the contract
term or any extension thereof. The term of the Master Agreement is extended
from its current expiration on August 31, 2006 until August 31, 2007.
Contract amendment with Morgan, Spencer & Co., 1301 Stapleton St.,
Flower Mound, TX 75028. Examinations will be assigned in $60,000, $75,000
or $90,000 increments or packages but no contract examiner shall have examination
packages totaling more than $150,000 in fees during any one state fiscal year
during the contract term or any extension thereof. The term of the Master
Agreement is extended from its current expiration on August 31, 2006 until
August 31, 2007.
TRD-200603588
William Clay Harris
Assistant General Counsel, Contracts
Comptroller of Public Accounts
Filed: July 3, 2006
Pursuant to Chapter 403 and Chapter 2155, Section 2155.083, Texas Government
Code and Chapter 111, and Section 111.0045, Texas Tax Code the Comptroller
of Public Accounts (Comptroller) announces this notice of amendment of the
existing Master Agreement for Professional Services (Master Agreement) between
the following Contractors and the Comptroller resulting from RFQ 167h.
Effective either May or June 2004 as applicable, the Comptroller, and the
Contractors entered into Master Agreements for Professional Services resulting
from RFQ 167h. The initial term of the Master Agreement was from either May
or June 2004 through August 31, 2005. The Master Agreements were amended in
August, 2005 in order to extend their terms from the initial termination date
on August 31, 2005 until August 31, 2006. The Master Agreements listed below
were amended in June, 2006 in order to extend their terms from the extended
termination date on August 31, 2006 until August 31, 2007. The Master Agreements,
by their terms, allow for one-year extensions of the Master Agreements to
be exercised one year at a time. The twenty-six (26) amendments below reflect
the exercise of the second and last of two (2) such one-year extensions. The
Comptroller intends to post further notices of amendment for additional contract
amendments now pending.
For further information, please contact: Pamela Smith, Deputy General Counsel
for Contracts, Comptroller of Public Accounts, 111 E. 17th St., ROOM G-24,
Austin, Texas 78774, telephone number: (512) 475-0498, fax: (512) 475-0973,
or by e-mail at contracts@cpa.state.tx.us.
Contract Amendment with Stacie Sims, CPA, 205 Rolling Hill Dr., La Grange,
Texas 78945. Examinations may be assigned in $60,000 or $75,000, increments
or packages but no contract examiner shall have more than $300,000 in fees
from examination packages at any one time during the Master Agreement term
as extended. The term of the Master Agreement is extended from its extended
termination on August 31, 2006 until August 31, 2007.
Contract Amendment with David Perry, 6010 Ogden Forest, Houston, Texas
77088. Examinations may be assigned in $60,000 or $75,000, increments or packages
but no contract examiner shall have more than $300,000 in fees from examination
packages at any one time during the Master Agreement term as extended. The
term of the Master Agreement is extended from its extended termination on
August 31, 2006 until August 31, 2007.
Contract Amendment with Art Koenings, Jr., CPA, 15712 Spillman Ranch Loop,
Austin, Texas 78738. Examinations may be assigned in $60,000 or $75,000, increments
or packages but no contract examiner shall have more than $300,000 in fees
from examination packages at any one time during the Master Agreement term
as extended. The term of the Master Agreement is extended from its extended
termination on August 31, 2006 until August 31, 2007.
Contract Amendment with Ruzicka-Reed Partnership, 1555 Glenhill Ln., Lewisville,
Texas 75077. Examinations may be assigned in $60,000 or $75,000, increments
or packages but no contract examiner shall have more than $300,000 in fees
from examination packages at any one time during the Master Agreement term
as extended. The term of the Master Agreement is extended from its extended
termination on August 31, 2006 until August 31, 2007.
Contract Amendment with Audit Consulting, LP, 8617 Davis Boulevard, Fort
Worth, Texas 76180. Examinations may be assigned in $60,000 or $75,000, increments
or packages but no contract examiner shall have more than $300,000 in fees
from examination packages at any one time during the Master Agreement term
as extended. The term of the Master Agreement is extended from its extended
termination on August 31, 2006 until August 31, 2007.
Contract Amendment with Jennifer L. Wilmoth, 1142 Stratborough Ln, Fort
Collins, Colorado 80525. Examinations may be assigned in $60,000 or $75,000,
increments or packages but no contract examiner shall have more than $300,000
in fees from examination packages at any one time during the Master Agreement
term as extended. The term of the Master Agreement is extended from its extended
termination on August 31, 2006 until August 31, 2007.
Contract Amendment with Jodie Moore, 15822 Ridgerock Road, Missouri City,
Texas 77489. Examinations may be assigned in $60,000 or $75,000, increments
or packages but no contract examiner shall have more than $300,000 in fees
from examination packages at any one time during the Master Agreement term
as extended. The term of the Master Agreement is extended from its extended
termination on August 31, 2006 until August 31, 2007.
Contract Amendment with David Kasen, 634 10th. Street #1F, Brooklyn, New
York 11215. Examinations may be assigned in $60,000 or $75,000, increments
or packages but no contract examiner shall have more than $300,000 in fees
from examination packages at any one time during the Master Agreement term
as extended. The term of the Master Agreement is extended from its extended
termination on August 31, 2006 until August 31, 2007.
Contract Amendment with Joe Wamp, 5834 Mapleshade Ln., Dallas, Texas 75252.
Examinations may be assigned in $60,000 or $75,000, increments or packages
but no contract examiner shall have more than $300,000 in fees from examination
packages at any one time during the Master Agreement term as extended. The
term of the Master Agreement is extended from its extended termination on
August 31, 2006 until August 31, 2007.
Contract Amendment with Brenda Maldonado, 2095 Savannah Trace, Beaumont,
Texas 77706. Examinations may be assigned in $60,000 or $75,000, increments
or packages but no contract examiner shall have more than $300,000 in fees
from examination packages at any one time during the Master Agreement term
as extended. The term of the Master Agreement is extended from its extended
termination on August 31, 2006 until August 31, 2007.
Contract Amendment with Gonzalez & Arrambide, Inc. 410 S. International
Blvd., Weslaco, Texas 78596. Examinations may be assigned in $60,000 or $75,000,
increments or packages but no contract examiner shall have more than $300,000
in fees from examination packages at any one time during the Master Agreement
term as extended. The term of the Master Agreement is extended from its extended
termination on August 31, 2006 until August 31, 2007.
Contract Amendment with Honorio Eugenio, 6108 Pinehurst, El Paso, Texas
79912. Examinations may be assigned in $60,000 or $75,000, increments or packages
but no contract examiner shall have more than $300,000 in fees from examination
packages at any one time during the Master Agreement term as extended. The
term of the Master Agreement is extended from its extended termination on
August 31, 2006 until August 31, 2007.
Contract Amendment with D. Smith Consulting, 418 Sonora Dr., Garland, Texas
75042. Examinations may be assigned in $60,000 or $75,000, increments or packages
but no contract examiner shall have more than $300,000 in fees from examination
packages at any one time during the Master Agreement term as extended. The
term of the Master Agreement is extended from its initial termination on August
31, 2005 until August 31, 2006.
Contract Amendment with Louis A. Sanchez, 2314 Woodwind Dr., Richmond,
Texas 77469. Examinations may be assigned in $60,000 or $75,000, increments
or packages but no contract examiner shall have more than $300,000 in fees
from examination packages at any one time during the Master Agreement term
as extended. The term of the Master Agreement is extended from its initial
termination on August 31, 2005 until August 31, 2006.
Contract Amendment with Christy Gokeler, 9327 Pearsall Drive, Houston,
Texas 77064. Examinations may be assigned in $60,000 or $75,000, increments
or packages but no contract examiner shall have more than $300,000 in fees
from examination packages at any one time during the Master Agreement term
as extended. The term of the Master Agreement is extended from its initial
termination on August 31, 2005 until August 31, 2006.
Contract Amendment with Blythe Corporation, 3002 Sugar Maple, Friendswood,
Texas 77546. Examinations may be assigned in $60,000 or $75,000, increments
or packages but no contract examiner shall have more than $300,000 in fees
from examination packages at any one time during the Master Agreement term
as extended. The term of the Master Agreement is extended from its extended
termination on August 31, 2006 until August 31, 2007.
Contract Amendment with Cherise D. Collins, 17011 Driver Ln., Sugar Land,
Texas 77478. Examinations may be assigned in $60,000 or $75,000, increments
or packages but no contract examiner shall have more than $300,000 in fees
from examination packages at any one time during the Master Agreement term
as extended. The term of the Master Agreement is extended from its extended
termination on August 31, 2006 until August 31, 2007.
Contract Amendment with Dibrell P. Dobbs d/b/a State Tax Consulting Group,
Timber Gardens Court, Arlington, Texas 76016. Examinations may be assigned
in $60,000 or $75,000, increments or packages but no contract examiner shall
have more than $300,000 in fees from examination packages at any one time
during the Master Agreement term as extended. The term of the Master Agreement
is extended from its extended termination on August 31, 2006 until August
31, 2007.
Contract Amendment with Tarrant & Bulgherini, PC, 7109 Yucca Dr., Galveston,
Texas 77551-1725. Examinations may be assigned in $60,000 or $75,000, increments
or packages but no contract examiner shall have more than $300,000 in fees
from examination packages at any one time during the Master Agreement term
as extended. The term of the Master Agreement is extended from its extended
termination on August 31, 2006 until August 31, 2007.
Contract Amendment with Nicole Y. Thomas, 5414 Cactus Forest, Houston,
Texas 77008. Examinations may be assigned in $60,000 or $75,000, increments
or packages but no contract examiner shall have more than $300,000 in fees
from examination packages at any one time during the Master Agreement term
as extended. The term of the Master Agreement is extended from its extended
termination on August 31, 2006 until August 31, 2007.
Contract Amendment with AJM State Tax Consulting, 6912 La Cadena, El Paso,
Texas 79912. Examinations may be assigned in $60,000 or $75,000, increments
or packages but no contract examiner shall have more than $300,000 in fees
from examination packages at any one time during the Master Agreement term
as extended. The term of the Master Agreement is extended from its extended
termination on August 31, 2006 until August 31, 2007.
Contract Amendment with Ruby Veronica Barnes, 10120 Tantarra Dr., Burleson,
Texas 76028. Examinations may be assigned in $60,000 or $75,000, increments
or packages but no contract examiner shall have more than $300,000 in fees
from examination packages at any one time during the Master Agreement term
as extended. The term of the Master Agreement is extended from its extended
termination on August 31, 2006 until August 31, 2007.
Contract Amendment with Davis & Davis Professional Services Firm, 3920
Willowbend Drive, The Colony, Texas 75056. Examinations may be assigned in
$60,000 or $75,000, increments or packages but no contract examiner shall
have more than $300,000 in fees from examination packages at any one time
during the Master Agreement term as extended. The term of the Master Agreement
is extended from its extended termination on August 31, 2006 until August
31, 2007.
Contract Amendment with Kelton Brown, 3002-58th. Street, Lubbock, Texas
79413. Examinations may be assigned in $60,000 or $75,000, increments or packages
but no contract examiner shall have more than $300,000 in fees from examination
packages at any one time during the Master Agreement term as extended. The
term of the Master Agreement is extended from its extended termination on
August 31, 2006 until August 31, 2007.
Contract Amendment with Marsha Johnson, Inc., 6205 Westwood Drive, Amarillo,
Texas 79124. Examinations may be assigned in $60,000 or $75,000, increments
or packages but no contract examiner shall have more than $300,000 in fees
from examination packages at any one time during the Master Agreement term
as extended. The term of the Master Agreement is extended from its extended
termination on August 31, 2006 until August 31, 2007.
Contract Amendment with Erica Powell d/b/a ELP Financial, 8410 Spotsylvaina,
Houston, Texas 77083. Examinations may be assigned in $60,000 or $75,000,
increments or packages but no contract examiner shall have more than $300,000
in fees from examination packages at any one time during the Master Agreement
term as extended. The term of the Master Agreement is extended from its extended
termination on August 31, 2006 until August 31, 2007.
TRD-200603589
William Clay Harris
Assistant General Counsel, Contracts
Comptroller of Public Accounts
Filed: July 3, 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 Sections 303.003
and 303.009, Tex. Fin. Code.
The weekly ceiling as prescribed by Sections 303.003 and 303.009 for the
period of 07/10/06 - 07/16/06 is 18% for Consumer
1
/Agricultural/Commercial
The weekly ceiling as prescribed by Sections 303.003 and 303.009 for the
period of 07/10/06 - 07/16/06 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-200603609
Leslie L. Pettijohn
Commissioner
Office of Consumer Credit Commissioner
Filed: July 5, 2006
Request for Applications for Emergency Disaster Relief
Public Notice
The Texas Health and Human Services Commission has awarded the East Texas
Council of Governments (ETCOG) a Social Services Block Grant (Grant) for Emergency
Disaster Relief. A portion of these funds may be used to reimburse local organizations
for expenses incurred in providing certain allowable health and human services
to individuals affected by Hurricane Rita. These expenses must not have been
reimbursed through any other state or federal government source. These services
must have been provided to individuals located in one of the following six
counties: Gregg, Harrison, Panola, Marion, Cherokee, or Rusk. It is also possible
that additional grant funds will become available to reimburse these local
organizations for expenses incurred in providing certain allowable health
and human services to individuals affected by Hurricane Katrina that have
not been reimbursed through any other state or federal source. To apply for
reimbursement, a local organization must submit an Application for Reimbursement.
ETCOG is, therefore, soliciting Applications for Reimbursement from interested
area organizations.
In releasing this Request for Applications, ETCOG is not making a commitment
to any organization to reimburse the expenses identified. The contract period
for the use of the grant funds is from October 1, 2005, to September 30, 2007.
The total amount of grant funds available through the contract is $1 million,
of which no more than $950,000 may be made available to reimburse applying
organizations. The grant funds will be financed 100 percent with federal funds.
Requests for Applications will not be released before June 30, 2006. The
deadline for the receipt of requests will be Monday, July 24, 2006.
Organizations wanting to receive a Request for Application (RFA) package
should send a request by letter, e-mail or fax. Request letters should be
addressed to Russell Rowe, FEMA Project Coordinator, East Texas Council of
Governments, 3800 Stone Road, Kilgore, TX 75662 or e-mail to russelldrowe@yahoo.com
or fax at (903) 984-4482, Attention: Russell Rowe.
There will be an Informational Conference regarding the RFA at 1:30 p.m.
July 12 at East Texas Council of Governments, 3800 Stone Road, Kilgore. Questions
concerning the RFA process should be addressed by e-mail or fax to Russell
Rowe, FEMA Project Coordinator, at russelldrowe@yahoo.com or fax at (903)
984-4482, Attention: Russell Rowe.
Historically Underutilized Businesses as well as organizations such as
non-profit organizations, faith-based organizations, community-based organizations,
educational organizations, and city and county governments are encouraged
to submit applications. All programs of ETCOG are equal opportunity entities.
Auxiliary aids and services are available, upon request, to those with disabilities.
1-800-735-2988 VOICE, 1-800-735-2989 TDD.
TRD-200603594
Glynn Knight
Executive Director
East Texas Council of Governments
Filed: July 5, 2006
Notice of Opportunity to Comment on Default Orders of Administrative Enforcement Actions
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
August
14, 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 August 14, 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: A.K.S. Construction L.P.; DOCKET NUMBER: 2005-0966-AIR-E;
TCEQ ID NUMBER: RN104155197; LOCATION: north of State Highway 242 and east
of Gleneagle Drive at the end of Condor Drive, Conroe, Montgomery County,
Texas; TYPE OF FACILITY: two portable air curtain incinerators (ACI); RULES
VIOLATED: 30 TAC §§101.4, 106.496(c)(4)(B), and 111.201 and Texas
Health and Safety Code (THSC), §382.085(b), by failing to prevent nuisance
conditions caused by the presence of soot and ash from unauthorized outdoor
burning around houses in the Gleneagles Subdivision located adjacent to the
site; 30 TAC §106.496(c)(3)(B), (C), (D), and (E) and THSC, §382.085(b),
by failing to comply with ACI operational limits; 30 TAC §116.110(a)(4)
and THSC, §382.085(b), by failing to obtain a permit by rule for an unauthorized
ACI that was in operation on October 4, 2004; 30 TAC §205.6 and TWC, §5.702,
by failing to pay general permits stormwater fees and associated late fees
for Fiscal Year 2005; PENALTY: $15,000; STAFF ATTORNEY: Mark Curnutt, Litigation
Division, MC 175, (512) 239-0624; REGIONAL OFFICE: Houston Regional Office,
5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(2) COMPANY: Crest Enterprises, Inc. dba Chevron Mart; DOCKET NUMBER: 2003-0240-PST-
E; TCEQ ID NUMBER: RN101566412; LOCATION: 3544 East 14th Street, Plano, Collin
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
financial responsibility for taking corrective action and for compensating
third parties for bodily injury and property damage caused by accidental releases
arising from the operation of petroleum underground storage tanks (USTs);
30 TAC §334.50(b)(2), by failing to maintain records as required to demonstrate
proper release detection for the product piping associated with all UST systems;
30 TAC §115.245(2) and THSC, §382.085(b), by failing to conduct
a pressure decay test during the twelve-month period preceding the inspection
and failing to verify proper operation of the Stage II equipment at least
once every five years; PENALTY: $6,500; STAFF ATTORNEY: Robert Mosley, Litigation
Division MC 175, (512) 239-0627; REGIONAL OFFICE: Dallas-Fort Worth Regional
Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(3) COMPANY: Jason Beam dba Case By Case; DOCKET NUMBER: 2005-1885-AIR-E;
TCEQ ID NUMBER: RN104599972; LOCATION: 1315 Chemical Street, Dallas, Dallas
County, Texas; TYPE OF FACILITY: furniture building plant; RULES VIOLATED:
30 TAC §116.110(a) and THSC, §382.085(b) and §382.0518(a),
by failing to obtain a permit or meeting the requirements of a permit by rule
for a spray coat painting operation; 30 TAC §101.4 and THSC, §382.085(a)
and (b), by creating a nuisance condition at the plant due to excessive and
offensive paint odors leaving the property; PENALTY: $2,100; STAFF ATTORNEY:
Deanna Sigman, Litigation Division, MC 175, (512) 239-0619; REGIONAL OFFICE:
Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951,
(817) 588-5800.
(4) COMPANY: Jopa Sports & Entertainment, Inc.; DOCKET NUMBER: 2005-1826-PWS-E;
TCEQ ID NUMBER: RN101272391; LOCATION: 17951 I-45 South, Conroe, Montgomery
County, Texas; TYPE OF FACILITY: public water supply system; RULES VIOLATED:
30 TAC §290.109(2)(A)(i) and THSC, §341.033(d), by failing to collect
routine bacteriological samples for the months of April - September, November,
and December of 2004, and February and July of 2005; 30 TAC §290.122(c)(2)(B),
by failing to notify persons served by the facility of its failure to collect
routine bacteriological samples; PENALTY: $3,625; 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.
(5) COMPANY: Metroplex Lucky Star, LLC dba Coastal 1; DOCKET NUMBER: 2005-0649-PST-
E; TCEQ ID NUMBER: RN101560977; LOCATION: 1400 South Armstrong Avenue, Denison,
Grayson County, Texas; TYPE OF FACILITY: convenience store with retail sales
of gasoline; RULES VIOLATED: 30 TAC §334.49(c)(4)(C) and TWC, §26.3475(d),
by failing to inspect and test the corrosion protection system once every
three years after installation; 30 TAC §334.50(b)(2) and (b)(2)(A)(i)
and TWC, §26.3475(a) and (c)(1), by failing to monitor the USTs pressurized
piping for releases and equip the mid-grade product line with an automatic
line leak detector; 30 TAC §334.8(c)(5)(A)(i), by failing to make available
to a common carrier a valid, current delivery certificate before delivery
of a regulated substance into the USTs; 30 TAC §334.8(c)(5)(B)(ii), by
failing to renew a TCEQ delivery certificate by timely and proper submission
of a new UST registration and self-certification form to the TCEQ; PENALTY:
$11,000; STAFF ATTORNEY: Justin Lannen, Litigation Division, MC R-4, (817)
588-5927; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel
Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(6) COMPANY: Osama Azzam dba Super Stop 3; DOCKET NUMBER: 2005-1581-AIR-E;
TCEQ ID NUMBER: RN102022241; LOCATION: 2725 North Mesa Street, El Paso, El
Paso County, Texas; TYPE OF FACILITY: gasoline pumps with retail sales of
gasoline; RULES VIOLATED: 30 TAC §115.252(2) and THSC, §382.085(b),
by allowing the transfer of gasoline which may ultimately be used in a motor
vehicle in the El Paso area with a Reid vapor pressure greater than 7.0 pounds
per square inch, absolute from a motor vehicle fuel dispensing facility; PENALTY:
$1,020; STAFF ATTORNEY: Robert Mosley, Litigation Division MC 175, (512) 239-0627;
REGIONAL OFFICE: El Paso Regional Office, 401 East Franklin Avenue, Suite
560, El Paso, Texas 79901-1212, (915) 834-4949.
(7) COMPANY: Robbie Mosley; DOCKET NUMBER: 2005-0848-PST-E; TCEQ ID NUMBERS:
15644 and RN101830685; LOCATION: Northwest corner of United States Highways
70 and 385, Springlake, Lamb County, Texas; TYPE OF FACILITY: out-of-service
gasoline station; RULES VIOLATED: 30 TAC §37.815(a) and (b), by failing
to demonstrate financial responsibility for taking corrective action and for
compensating third parties for bodily injury and property damage caused by
accidental releases arising from the operation of petroleum USTs; 30 TAC §334.50(a)(1)(A)
and TWC, §26.3475(a) and (c)(1), by failing to provide a method of release
detection which was capable of detecting a release from any portion of the
UST system which contained regulated substances; 30 TAC §334.7(d)(3)
and TWC, §26.346, by failing to amend, update, or change UST registration
information; 30 TAC §334.49(a) and TWC, §26.3475(d), by failing
to protect the systems from corrosion so as to ensure that releases due to
corrosion were prevented; 30 TAC §334.22(a) and TWC, §5.702, by
failing to pay UST fees for Fiscal Year 2003 - 2005 and associated late fees;
PENALTY: $7,200; STAFF ATTORNEY: Rebecca Davis, Litigation Division, MC 175,
(512) 239-5487; REGIONAL OFFICE: Lubbock Regional Office, 4630 50th Street,
Suite 600, Lubbock, Texas 79414- 3520, (806) 796-7092.
(8) COMPANY: Saira & Rizwan, Inc. dba Salt Grass Kountry 1; DOCKET
NUMBER: 2005-1789- PWS-E; TCEQ ID NUMBER: RN104422159; LOCATION: 8150 Farm-to-Market
Road 2917 near Alvin, Brazoria County, Texas; TYPE OF FACILITY: non-community
public water supply; RULES VIOLATED: 30 TAC §290.109(c)(3)(A)(ii) and §290.122(c)(2)(B),
by failing to collect and submit repeat bacteriological samples following
coliform-positive sample results and to notify the public of theses noncompliances
during the months of June 2003 and March 2004; 30 TAC §290.109(c)(2)(F)
and §290.122(c)(2)(B), by failing to collect and submit the required
number (five) of additional routine bacteriological samples following the
month in which a positive coliform sample was obtained and to notify the public
of these noncompliances during August 2003; 30 TAC §290.109(c)(2)(A)(i)
and §290.122(c)(2)(B) and THSC, §341.033(d), by failing to collect
and submit monthly bacteriological samples and to notify the public of these
noncompliances during the months of June and July 2004 and March and April
2005; 30 TAC §290.51(a)(3) and TWC, §5.702, by failing to pay outstanding
water system late fees; PENALTY: $2,363; STAFF ATTORNEY: Mark Curnutt, Litigation
Division, MC 175, (512) 239-0624; REGIONAL OFFICE: Houston Regional Office,
5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(9) COMPANY: Sak Diamond Petroleum; DOCKET NUMBER: 2005-1657-PWS-E; TCEQ
ID NUMBER: RN101446698; LOCATION: 9800 Interstate 20, Canton, Van Zandt County,
Texas; TYPE OF FACILITY: non-community public water supply; RULES VIOLATED:
30 TAC §290.109(c)(2)(A)(i) and §290.122(c)(2)(B) and THSC, §341.033(d),
by failing to collect and submit routine monthly bacteriological samples and
failing to notify the public of the omissions during the months of June, July,
and September 2004 and January - December 2005; PENALTY: $4,763; STAFF ATTORNEY:
Robert Mosley, Litigation Division MC 175, (512) 239-0627; REGIONAL OFFICE:
Tyler Regional Office, 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.
(10) COMPANY: Sylvia Cervantes dba PDS General Store; DOCKET NUMBER: 2005-1645-PST-
E; TCEQ ID NUMBER: RN101554731; LOCATION: 8732 South Highway 171, Grandview,
Johnson 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; 30 TAC §334.22(a)
and TWC, §5.702, by failing to pay late fees; PENALTY: $2,140; STAFF
ATTORNEY: Deanna Sigman, Litigation Division, MC 175, (512) 239-0619; REGIONAL
OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth,
Texas 76118-6951, (817) 588-5800.
(11) COMPANY: World Class Enterprises, Inc. dba MS-2 Express; DOCKET NUMBER:
2005- 1546-PST-E; TCEQ ID NUMBER: RN101843266; LOCATION: 2115 Avenue H, Rosenberg,
Fort Bend 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; 30 TAC §334.22(a)
and TWC, §5.702, by failing to pay outstanding UST fees; PENALTY: $3,150;
STAFF ATTORNEY: Robert Mosley, Litigation Division MC 175, (512) 239-0627;
REGIONAL OFFICE: Houston Regional Office, 5425 Polk Avenue, Suite H, Houston,
Texas 77023-1486, (713) 767-3500.
TRD-200603608
Mary Risner
Director, Litigation Division
Texas Commission on Environmental Quality
Filed: July 5, 2006
The Texas Commission on Environmental Quality (TCEQ or commission) staff
is providing an opportunity for written public comment on the listed Order
Vacating Default Order (Order) in accordance with Texas Water Code (TWC), §7.075.
Section 7.075 requires that before the commission may approve the Order, the
commission shall allow the public an opportunity to submit written comments
on the proposed Order. 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
August 14, 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 order 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 order is not required to be published if those changes
are made in response to written comments.
A copy of the proposed Order 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 Order should be sent to the attorney
designated for the Order 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 August 14, 2006
. Comments may also be sent by facsimile
machine to the attorney at (512) 239-3434. The designated attorney is available
to discuss the Order and/or the comment procedure at the listed phone number;
however, §7.075 provides that comments on the Order should be submitted
to the commission in
writing
.
(1) COMPANY: Mary Fielder dba End of the Trail; DOCKET NUMBER: 2000-1254-PWS-E;
TCEQ ID NUMBER: 0200425; LOCATION: 17325 Pearland Sites Road, Pearland, Brazoria
County, Texas; TYPE OF FACILITY: public water system; AUTHORITY: 30 TAC §70.104(d);
REQUESTED ACTION: Default Order issued against Mary Fielder dba End of the
Trail and approved by the commission on May 12, 2004 will be vacated due to:
1) Mary Fielder was not responsible for operation of the facility when violations
were documented during the months of March, May, August, November, and December
2000, June, July, and September 2001, January and March 2002, and June 2002
- June 2003; 2) Ms. Fielder did not receive notice of the enforcement proceedings
against her; and 3) upon findings that notice was not received, the commission
has the authority to grant such relief that it deems just; 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-200603605
Mary Risner
Director, Litigation Division
Texas Commission on Environmental Quality
Filed: July 5, 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
August 14, 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 August 14, 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: AJMM, Inc. dba E-Z Food Store; DOCKET NUMBER: 2005-1553-PST-E;
TCEQ ID NUMBER: RN102892213; LOCATION: 14648 Walters Road, Houston, Harris
County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline;
RULES VIOLATED: 30 TAC §334.49(c)(4) and Texas Water Code (TWC), §26.3475(d),
by failing to inspect and test the cathodic protection system for operability
and adequacy of protection within three to six months after installation and
at a subsequent frequency of at least once every three years; 30 TAC §334.50(b)(2)(A)(i)(III)
and TWC, §26.3475(a), by failing to test the line leak detectors at least
once per year for performance and operational reliability; 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 underground storage tanks (USTs); PENALTY: $7,350; STAFF ATTORNEY:
Deanna Sigman, Litigation Division, MC 175, (512) 239-0619; REGIONAL OFFICE:
Houston Regional Office, 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486,
(713) 767-3500.
(2) COMPANY: Albert Rivera; DOCKET NUMBER: 2005-1689-LII-E; TCEQ ID NUMBER:
RN104745906; LOCATION: 10911 Candle River Lane, Spring, Harris County, Texas;
TYPE OF FACILITY: irrigation system installer; RULES VIOLATED: 30 TAC §30.5(a)
and §344.4(a), TWC, §37.003, and Texas Occupations Code, §903.251,
by failing to hold an irrigators license prior to selling, designing, consulting,
installing, maintaining, altering, repairing, or servicing an irrigation system,
including the connecting of such system to any water supply; PENALTY: $625;
STAFF ATTORNEY: Mark Curnutt, Litigation Division, MC 175, (512) 239-0624;
REGIONAL OFFICE: Houston Regional Office, 5425 Polk Avenue, Suite H, Houston,
Texas 77023-1486, (713) 767- 3500.
(3) COMPANY: City of Graham; DOCKET NUMBER: 2005-1199-PWS-E; TCEQ ID NUMBER:
RN101386308; LOCATION: 429 Fourth Street, Graham, Young County, Texas; TYPE
OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.113(f)(4)
and Texas Health and Safety Code (THSC), §341.0315(c), by exceeding the
maximum containment level (MCL) of 0.080 milligrams per liter for total trihalomethanes
during the third quarter of 2004 based on the running annual average (RAA);
PENALTY: $845; STAFF ATTORNEY: Rachael Gaines, Litigation Division, MC 175,
(512) 239-0078; REGIONAL OFFICE: Abilene Regional Office, 1977 Industrial
Boulevard, Abilene, Texas 79602-7833, (325) 698-9674.
(4) COMPANY: Ennis West End, Inc. dba Tiger Mart 23; DOCKET NUMBER: 2004-1499-PST-E;
TCEQ ID NUMBERS: 73349 and RN101566081; LOCATION: 2200 West Lake Bardwell,
Ennis, Ellis 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 three petroleum USTs
for the one-year period preceding November 19, 2002; PENALTY: $2,400; STAFF
ATTORNEY: Lena Roberts, Litigation Division, MC 175, (512) 239-0019; REGIONAL
OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth,
Texas 76118-6951, (817) 588-5800.
(5) COMPANY: Goodspeed Sand Company, Inc.; DOCKET NUMBER: 2004-1142-WQ-E;
TCEQ ID NUMBER: RN102770419; LOCATION: 7000 Farm-to-Market Road 917 East,
Alvarado, Johnson County, Texas; TYPE OF FACILITY: surface mining operation;
RULES VIOLATED: 30 TAC §281.25(a)(4) and 40 Code of Federal Regulations
(CFR) §122.26(a)(ii), by failing to obtain authorization to discharge
storm water associated with industrial activity to the waters in the state
through an individual permit, the Multi-Sector General Permit (MSGP) TXR050000
issued under the Texas Pollutant Discharge Elimination System, or by qualifying
for the Conditional No Exposure Certification for Exclusion under 40 CFR §122.26(g);
PENALTY: $6,000; STAFF ATTORNEY: Justin Lannen, Litigation Division, MC R-4,
(817) 588-5927; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel
Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(6) COMPANY: Kamal Chowdhury dba Prime Stop 1; DOCKET NUMBER: 2005-0203-PST-E;
TCEQ ID NUMBER: RN102049202; LOCATION: 4414 Wesley Street, Greenville, Hunt
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 ensure that all tanks are monitored for releases at a frequency
of at least once every month, not to exceed 35 days between each monitoring;
30 TAC §334.8(c)(5)(A)(iii) and TWC, §26.3467(a), by failing to
post a valid, current delivery certificate in a location at the facility where
the document is clearly visible at all times; 30 TAC §334.8(c)(5)(C),
by failing to permanently tag or label each UST fill tube at the facility
with the number used to identify the tank on the registration and self-certification
form filed with the commission; PENALTY: $7,000; STAFF ATTORNEY: Justin Lannen,
Litigation Division, MC R-4, (817) 588- 5927; REGIONAL OFFICE: Dallas-Fort
Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817)
588-5800.
(7) COMPANY: Kelly Williamson; DOCKET NUMBER: 2005-1381-PST-E; TCEQ ID
NUMBER: RN104747514; LOCATION: Interstate Highway 40 and Wells Street, Brushland,
Potter County, Texas; TYPE OF FACILITY: underground storage tank contractor;
RULES VIOLATED: 30 TAC §30.18(a) and §334.55(a)(3) and TWC, §37.003,
by removing a UST system from the ground at the facility without a UST on-site
supervision license; PENALTY: $2,500; STAFF ATTORNEY: Rachael Gaines, Litigation
Division, MC 175, (512) 239-0078; REGIONAL OFFICE: Amarillo Regional Office,
3918 Canyon Drive, Amarillo, Texas 79109-4933, (806) 353-9251.
(8) COMPANY: K.J. Plunkett Sand & Base, Inc.; DOCKET NUMBER: 2004-1808-MLM-E;
TCEQ ID NUMBER: RN102922382; LOCATION: 13430 Park Avenue, Conroe, Montgomery
County, Texas; TYPE OF FACILITY: unauthorized municipal solid waste disposal
facility; RULES VIOLATED: 30 TAC §330.5(c), by disposing of municipal
solid waste without authorization; 30 TAC §111.201 and THSC, §382.085(b),
by failing to prevent unauthorized outdoor burning at the site on May 9, 2005;
PENALTY: $6,540; STAFF ATTORNEY: Mark Curnutt, Litigation Division, MC 175,
(512) 239-0624; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Avenue,
Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(9) COMPANY: Mine Service, Ltd.; DOCKET NUMBER: 2005-1361-AIR-E; TCEQ ID
NUMBER: RN104483441; LOCATION: 3788 West Farm-to-Market Road 487, Jarrell,
Williamson County, Texas; TYPE OF FACILITY: portable rock crusher; RULES VIOLATED:
30 TAC §116.110(a) and THSC, §382.085(a), by failing to obtain a
permit or meet the conditions of a permit by rule; PENALTY: $10,000; STAFF
ATTORNEY: Shannon Strong, Litigation Division, MC 175, (512) 239-0972; REGIONAL
OFFICE: Austin Regional Office, 1921 Cedar Bend Drive, Suite 150, Austin,
Texas 78758-5336, (512) 339-2929.
(10) COMPANY: Pat Hornsby dba Pat's Place; DOCKET NUMBER: 2005-1350-PWS-E;
TCEQ ID NUMBER: RN102680196; LOCATION: 20174 South Highway 281, Lipan, Palo
Pinto County, Texas; TYPE OF FACILITY: public water supply; RULES VIOLATED:
30 TAC §290.109(c)(2)(A)(i) and §290.122(c)(2)(B), and THSC, §341.033(d),
by failing to collect bacteriological samples for the months of September
2004 - February 2005, and failing to provide public notice of the failure
to collect bacteriological samples for the months of September - December
2004; PENALTY: $1,980; STAFF ATTORNEY: Lena Roberts, Litigation Division,
MC 175, (512) 239-0019; REGIONAL OFFICE: Dallas-Fort Worth Regional Office,
2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(11) COMPANY: Quail Valley Estates, Inc. dba Quail Valley Estates Mobile
Homes; DOCKET NUMBER: 2005-1804-PWS-E; TCEQ ID NUMBER: RN102671062; LOCATION:
4525 Brookside Drive, Vidor, Hardin County, Texas; TYPE OF FACILITY: community
public water supply system; RULES VIOLATED: 30 TAC §290.109(f)(3) and §290.122(b)(2)(A)
and THSC, §341.031(a), by exceeding the MCL for coliform bacteria during
January 2005, and by failing to post public notice of the noncompliance; 30
TAC §290.109(c)(2)(A)(ii) and §290.122(c)(2)(A) and THSC, §341.033(d),
by failing to collect and submit routine bacteriological samples and by failing
to post public notice of these noncompliances during the months of February
2003 and December 2004; 30 TAC §290.109(c)(2)(F) and §290.122(c)(2)(A),
by failing to collect and submit five distribution samples following positive
coliform sample results and by failing to post public notice of these noncompliances
during January 2003 and February 2005; 30 TAC §290.109(c)(3)(A)(ii) and §290.122(c)(2)(A),
by failing to collect and submit any repeat samples following a positive coliform
sample test result during January 2005 and by failing to post public notice
of the noncompliance; PENALTY: $1,650; STAFF ATTORNEY: Rachael Gaines, Litigation
Division, MC 175, (512) 239-0078; REGIONAL OFFICE: Beaumont Regional Office,
3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.
(12) COMPANY: Robert Pine dba Willow Manor Mobile Home Park; DOCKET NUMBER:
2005- 2003-PWS-E; TCEQ ID NUMBER: RN101239549; LOCATION: County Road 48, south
of Mustang Bayou, Brazoria County, Texas; TYPE OF FACILITY: public water system;
RULES VIOLATED: 30 TAC §290.109(c)(2)(A)(ii) and THSC, §341.033(d),
by failing to collect and submit monthly water samples for bacteriological
analysis; PENALTY: $2,480; STAFF ATTORNEY: Deanna Sigman, Litigation Division,
MC 175, (512) 239-0619; REGIONAL OFFICE: Houston Regional Office, 5425 Polk
Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(13) COMPANY: Sand & Gravel, Inc.; DOCKET NUMBER: 2005-1509-WQ-E; TCEQ
ID NUMBER: RN102993300; LOCATION: 850 Farm-to-Market Road 1827, Graham, Young
County, Texas; TYPE OF FACILITY: sand and gravel facility; RULES VIOLATED:
30 TAC §281.25(a)(4) and 40 CFR §122.26(c), by failing to obtain
authorization to discharge storm water associated with industrial activity;
PENALTY: $1,050; STAFF ATTORNEY: Robert Mosley, Litigation Division, MC 175,
(512) 239-0627; REGIONAL OFFICE: Abilene Regional Office, 1977 Industrial
Boulevard, Abilene, Texas 79602-7833, (325) 698-9674.
(14) COMPANY: Sona Stores, Inc. dba Sunshine Groceries; DOCKET NUMBER:
2005-1796- PST-E; TCEQ ID NUMBER: RN102789138; LOCATION: Highway 190 and Farm-to-Market
1416, Bon Weir, Newton County, Texas; TYPE OF FACILITY: convenience store
with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.8(c)(5)(C),
by failing to ensure that a legible tag, label, or marking, which clearly
and legibly shows the designated UST identification number identical to the
UST identification number listed on the UST registration and self-certification
form, was permanently applied upon or affixed to either the top of the fill
tube or to a nonremovable point in the immediate area of the fill tube for
each regulated UST at the facility; 30 TAC §334.49(c)(2)(C) and (4),
and TWC, §26.3475(d), by failing to properly test and inspect the rectifier
and other system components of the cathodic protection system at least once
every 60 days, and by failing to ensure that a qualified corrosion specialist
or corrosion technician, in accordance with a code or standard of practice
developed by a nationally recognized corrosion association or independent
testing laboratory, inspected and tested the corrosion protection system for
operability and adequacy of protection at least once every three years after
installation; and 30 TAC §334.10(b), by failing to have required UST
records maintained, readily accessible and available for inspection upon request
by a representative of the TCEQ; PENALTY: $3,600; 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.
(15) COMPANY: Stephenville Mobile Home Park, Ltd. dba Shady Oaks Mobile
Home Park, Maylar, L.P. dba Shady Oaks Mobile Home Park, and Arthur Hendricks
dba Shady Oaks Mobile Home Park; DOCKET NUMBER: 2005-1982-AIR-E; TCEQ ID NUMBER:
RN102683448; LOCATION: 154 Private Road 1329, Stephenville, Erath County,
Texas; TYPE OF FACILITY: mobile home park; RULES VIOLATED: 30 TAC §101.4
and §111.201 and THSC, §382.085(a) and (b), by failing to comply
with the general prohibition of outdoor burning at the site by burning debris
and causing nuisance conditions; PENALTY: $4,600; STAFF ATTORNEY: Robert Mosley,
Litigation Division MC 175, (512) 239-0627; REGIONAL OFFICE: Dallas-Fort Worth
Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(16) COMPANY: Texas Lime Company; DOCKET NUMBER: 2003-0145-AIR-E; TCEQ
ID NUMBER: RN100210889; LOCATION: 15865 Farm-to-Market Road 1434, Cleburne,
Johnson County, Texas; TYPE OF FACILITY: lime manufacturing facility; RULES
VIOLATED: 30 TAC §101.221(a) and §116.115(b) and (c), and Air Permit
No. 20519, General Conditions No. 8, and THSC, §382.085(b), by failing
to maintain all pollution capture and abatement equipment in good working
order and properly operate the equipment during normal facility operations;
30 TAC §111.155 and THSC, §382.085(b), by failing to meet the particulate
matter specifications from a source or sources operated on the property or
from multiple sources operated on contiguous properties which exceeded 200
micrograms per cubic meter of air sampled, averaged over any three consecutive
hours and 400 micrograms per cubic meter of air sampled, averaged over any
one-hour period, 30 TAC §101.4 and THSC, §382.085(b), by failing
to prevent the discharge of air contaminants which interfered with the normal
use and enjoyment of vegetation and property or adversely affected human health
or welfare, animal life, vegetation, or property; 30 TAC §111.201 and
THSC, §382.085(b), by failing to comply with the outdoor burning rules
of Texas which state that no person may cause, suffer, allow, or permit any
outdoor burning within the state except as provided by 30 TAC §111.201;
30 TAC §101.201(b) and THSC, §382.085(b), by failing to create a
final record of all reportable and non-reportable emissions events as soon
as practicable, but no later than two weeks after the end of an emissions
event; 30 TAC §116.115(c) and §101.5; Permit No. 7501, Special Condition
No. 3; Permit No. 5602A, Special Condition No. 5; Permit No. 20519, Special
Condition No. 9C; and THSC, §382.085(b), by failing to control fugitive
dust emission by spraying, with water and/or appropriate chemicals, the coal,
the petroleum coke stockpiles, and the plant roads; 30 TAC §116.110(a),
and THSC, §382.085(b), by failing to have all material handling and transfer
points of the lime handling and storage system enclosed or vented to the baghouse;
30 TAC §116.115(c) and §111.111(a) and Air Permit No. 20519, Special
Conditions Nos. 6, 7, and 8; and THSC, §382.085(b), by failing to maintain
opacity within permitted limits, and by failing to comply with the opacity
specifications of 30% from any building, enclosed facility, or other structure;
PENALTY: $50,625; STAFF ATTORNEY: Kathleen Decker, Litigation Division, MC
175, (512) 239-6500; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309
Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(17) COMPANY: United States International Boundary and Water Commission;
DOCKET NUMBER: 2005-1298-PWS-E; TCEQ ID NUMBER: RN101214732; LOCATION: 80
miles southeast of Laredo, 30 miles southeast of Zapata, and 150 miles above
the mouth of the Rio Grande, Starr County, Texas; TYPE OF FACILITY: public
water supply facility; RULES VIOLATED: 30 TAC §341.0315(c) and §290.113(f)(4),
by exceeding the MCL based on a running annual average for total trihalomethanes
during the fourth quarter of 2004; 30 TAC §341.0315(c) and §290.113(f)(5),
by exceeding the MCL based on a running annual average for haloacetic acids
during the fourth quarter of 2004; PENALTY: $665; STAFF ATTORNEY: Becky Combs,
Litigation Division, MC 175, (512) 239-6939; REGIONAL OFFICE: Harlingen Regional
Office, 1804 West Jefferson Avenue, Harlingen, Texas 78550-5247, (956) 425-6010.
TRD-200603607
Mary Risner
Director, Litigation Division
Texas Commission on Environmental Quality
Filed: July 5, 2006
The Texas Commission on Environmental Quality (TCEQ or commission) staff
is providing an opportunity for written public comment on the listed Shutdown
Orders (SOs). Texas Water Code (TWC), §26.3475 authorizes the commission
to order the shutdown of any underground storage tank (UST) system found to
be noncompliant with release detection, spill, and overfill prevention, and/or,
after December 22, 1998, cathodic protection regulations of the commission,
until such time as the owner/operator brings the UST system into compliance
with those regulations. The commission proposes an SO after the owner or operator
of a UST facility fails to perform required corrective actions within 30 days
after receiving notice of the release detection, spill, and overfill prevention,
and/or, after December 22, 1998, cathodic protection violations documented
at the facility. In accordance with 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
August 14, 2006
. The commission will consider any written comments
received; and the commission may withdraw or withhold approval of an SO if
a comment discloses facts or considerations that indicate that the consent
to the proposed SO is inappropriate, improper, inadequate, or inconsistent
with the requirements of the statutes and rules within the commission's jurisdiction,
or the commission's orders and permits issued in accordance with the commission's
regulatory authority. Additional notice of changes to a proposed SO is not
required to be published if those changes are made in response to written
comments.
Copies of each of the proposed SOs 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. Written comments about the SO should be sent to
the attorney designated for the SO 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 August 14, 2006
. Written comments may also
be sent by facsimile machine to the attorney at (512) 239-3434. The commission
attorneys are available to discuss the SOs and/or the comment procedure at
the listed phone numbers; however, comments on the SOs should be submitted
to the commission in
writing
.
(1) COMPANY: Heart of Texas Investments, Inc. dba A & A Chevron; DOCKET
NUMBER: 2005-1168-PST-E; TCEQ ID NUMBERS: 32073 and RN101672632; LOCATION:
1601 East Main Street, Gatesville, Coryell County, Texas; TYPE OF FACILITY:
underground storage tanks (USTs); RULES VIOLATED: 30 TAC §334.49(a) and
TWC, §26.3475(d), by failing to provide proper corrosion protection for
a UST system; 30 TAC §334.7(a)(1), by failing to register a UST with
the TCEQ; STAFF ATTORNEY: Lena Roberts, Litigation Division, MC 175, (512)
239-0019; REGIONAL OFFICE: Waco Regional Office, 6801 Sanger Avenue, Suite
2500, Waco, Texas 76710-7826, (254) 751-0335.
TRD-200603606
Mary Risner
Director, Litigation Division
Texas Commission on Environmental Quality
Filed: July 5, 2006
The Texas Commission on Environmental Quality will conduct public hearings
to receive testimony concerning revisions to 30 TAC Chapter 115, Control of
Air Pollution from Volatile Organic Compounds, under the requirements of Texas
Health and Safety Code, §382.017; Texas Government Code, Chapter 2001,
Subchapter B; and 40 Code of Federal Regulations §51.102, of the United
States Environmental Protection Agency (EPA) regulations concerning state
implementation plans (SIPs).
The proposed amendments to §§115.10, 115.119, 115.129, 115.139,
115.149, 115.219, 115.239, 115.319, 115.359, 115.419, 115.439, 115.449, 115.519,
and 115.539 would subject certain volatile organic compound-emitting facilities
located in Ellis, Johnson, Kaufman, Parker, and Rockwall Counties to the same
control, monitoring, testing, recordkeeping, and recording requirements to
which facilities in the other four counties in the Dallas-Fort Worth nonattainment
area are subject.
Two public hearings on this proposal will be held on August 8, 2006, at
2:30 p.m. and 6:30 p.m, Waxahachie City Hall Council Chambers, 401 S. Rogers,
Waxahachie, Texas. The hearings will be structured for the receipt of oral
or written comments by interested persons. Registration will begin 30 minutes
prior to the hearings. Individuals may present oral statements when called
upon in order of registration. A time limit may be established at each hearing
to assure that enough time is allowed for every interested person to speak.
There will be no open discussion during the hearings; however, commission
staff members will be available to informally discuss the proposal 30 minutes
before each hearing.
Persons who have special communication or other accommodation needs who
are planning to attend the hearings should contact Teresa Hurley of the Air
Quality Planning and Implementation Division at (512) 239-5316.
Comments may be submitted to Patricia Durón, MC 205, Office of Legal
Services, Texas Commission on Environmental Quality, P.O. Box 13087, Austin,
Texas 78711-3087, e-mailed to
TRRules@tceq.state.tx.us
, or faxed to (512) 239-4808. All comments should reference Rule Project
Number 2006-011-115-EN. The comment period closes August 14, 2006. Copies
of the proposed rules can be obtained from the commission's Web site at
TRD-200603556
Robert Martinez
Acting Director, Environmental Law Division
Texas Commission on Environmental Quality
Filed: June 30, 2006
The Texas Commission on Environmental Quality (TCEQ or commission) has
made available for public comment a draft Total Maximum Daily Load (TMDL)
to address elevated levels of zinc in oyster tissue in Nueces Bay, in Nueces
and San Patricio Counties. The TCEQ will conduct a public meeting to receive
comments on the draft TMDL. This announcement also constitutes notice that
the TMDL will become part of the State Water Quality Management Plan upon
approval by the United States Environmental Protection Agency (EPA).
Nueces Bay (Segment 2482) has an area of 28.9 square miles and drains the
Nueces River Basin, along with portions of the San Antonio-Nueces and Nueces-Rio
Grande Coastal Basins. The headwaters of the Nueces River originate in the
central Texas hill country and flow approximately 315 miles to Nueces Bay
near Corpus Christi. Principal tributaries of the Nueces River include the
Atascosa and Frio Rivers. The western part of the Edwards Aquifer lies within
the basin, along with Choke Canyon Reservoir and Lake Corpus Christi. The
western part of Corpus Christi is the only major metropolitan area within
the boundary of the watershed. Other large communities within the basin include
Uvalde, Pleasanton, George West, and Three Rivers.
Texas is required to develop TMDLs for impaired water bodies under the
Federal Clean Water Act §303(d). A TMDL is a detailed water quality assessment
that provides the scientific foundation to allocate pollutant loads in a certain
body of water in order to restore and maintain designated uses.
The TCEQ will conduct a public meeting on the draft TMDL for zinc in oyster
tissue. The purpose of the public meeting is to provide the public an opportunity
to comment on the draft TMDL. The commission requests comment on each of the
six major components of the TMDL: problem definition, endpoint identification,
source analysis, linkage between sources and receiving waters, margin of safety,
and pollutant loading allocation. After the public comment period, TCEQ staff
may revise the TMDL, if appropriate. The final TMDL will then be considered
by the commission for adoption. Upon adoption of the TMDL by the commission,
the final TMDL and a response to all comments will be made available on the
TCEQ Web site, located at
http://www.tceq.state.tx.us/water/quality/tmdl
. The TMDL will then be submitted to EPA Region 6 for approval as an
update to the State of Texas Water Quality Management Plan.
A public meeting will be held on Thursday, July 27, 2006, at 7:00 p.m.
at the Harte Research Institute Building, Room 127, on the Texas A&M University
Corpus Christi campus located at 6300 Ocean Drive (west end of the campus).
Individuals may present oral statements when called upon in order of registration.
Open discussion will not occur during the meeting; however, a commission staff
member will be available to discuss the matter 30 minutes prior to the meeting
and will answer questions before and after the meeting. Only comments for
the TMDL will be taken, no other TMDL projects will be discussed at the meeting.
Written comments should be submitted to Andrew Sullivan, TCEQ Water Division,
MC 203, P.O. Box 13087, Austin, Texas 78711-3087 or faxed to (512) 239-1414.
All comments must be received by 5:00 p.m., August 14, 2006, and should reference,
Persons who have special communication or other accommodation needs who
are planning to attend the meeting should contact the commission at (512)
239-4900. Requests should be made as far in advance as possible.
TRD-200603593
Robert Martinez
Acting Director, Environmental Law Division
Texas Commission on Environmental Quality
Filed: July 5, 2006
The following notices were issued during the period June 9, 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 ALBA has applied for a renewal of TPDES Permit No. 14451-001, which
authorizes the discharge of treated domestic wastewater at a daily average
flow not to exceed 80,000 gallons per day. The facility is located west of
Farm-to-Market Road 17, one mile southwest of the intersection of State Highway
69 and Farm-to-Market Road 17, south of the City of Alba in Wood County, Texas.
AZLE INDEPENDENT SCHOOL DISTRICT has applied for a renewal of Permit No.
13304-001, which authorizes the disposal of treated domestic wastewater at
a daily average flow not to exceed 9,000 gallons per day via surface irrigation
of 4.42 acres of non-public access land. This permit will not authorize a
discharge of pollutants into waters in the State. The facility and disposal
site are located approximately 3.5 miles southwest of the Town of Azle and
adjacent to and east of Farm-to-Market Road 730 in Parker County, Texas.
CITY OF BRYAN has applied for a new permit, proposed Texas Pollutant Discharge
Elimination System (TPDES) Permit No. WQ0010426004, to authorize the discharge
of treated domestic wastewater at an annual average flow not to exceed 4,000,000
gallons per day. The facility is located approximately 8,500 feet south-southeast
of the intersection of Texas Highway 47 at Leonard Road (Farm-to-Market Road
1688) and adjacent to Thompsons Creek near its confluence with the Brazos
River in Brazos County, Texas.
CITY OF CENTER has applied for a renewal of TPDES Permit No. 14352-001,
which authorizes the discharge of filter backwash effluent from a water treatment
plant at a daily average flow not to exceed 200,000 gallons per day. The facility
is located south of Pinkston Reservoir and west of State Highway 7, approximately
three miles east-northeast of the intersection of State Highway 7 and Farm-to-Market
Road 2913 in Shelby County, Texas.
CITY OF FRANKSTON has applied for a renewal of TPDES Permit No. 10441-001,
which authorizes the discharge of treated domestic wastewater at a daily average
flow not to exceed 200,000 gallons per day. The facility is located south
of the City of Frankston, immediately north of Caddo Creek, and approximately
1000 feet south and 1500 feet east of the intersection of State Highway 175
in Anderson County, Texas.
CITY OF HUNTINGTON has applied for a major amendment to TPDES Permit No.
WQ0010191001 to authorize an increase in the discharge of treated domestic
wastewater from a daily average flow not to exceed 350,000 gallons per day
to a daily average flow not to exceed 420,000 gallons per day. The facility
is located approximately 1 mile southeast of the intersection of U.S. Highway
69 and Farm-to-Market Road 1669 between the Southern Pacific Railroad and
Shawnee Creek in Angelina County, Texas.
JARVIS CHRISTIAN COLLEGE has applied to the Texas Commission on Environmental
Quality (TCEQ) for a renewal of TPDES Permit No. 11609-001, which authorizes
the discharge of treated domestic wastewater at a daily average flow not to
exceed 200,000 gallons per day. The facility is located approximately 300
feet south of U.S. Highway 80 and one and three-fourths miles east of the
intersection of U.S. Highway 80 and Farm-to-Market Road 14 in the City of
Hawkins in Wood County, Texas
POOLVILLE INDEPENDENT SCHOOL DISTRICT has applied for a renewal of Permit
No. 14374-001, which authorizes the disposal of treated domestic wastewater
at a daily average flow not to exceed 8,000 gallons per day via evaporation.
This permit will not authorize a discharge of pollutants into waters in the
State. The facility and disposal site are located approximately one mile west
of the intersection of Farm-to-Market Road 920 and County Road 3107 in Parker
County, Texas.
U.S. DEPARTMENT OF AGRICULTURE, C/O U.S. FOREST SERVICE, has applied for
a renewal of Permit No. 12211-001, which authorizes the disposal of treated
domestic wastewater at a daily average flow not to exceed 9,000 gallons per
day via surface irrigation of 2.5 acres of public access grassland. This permit
will not authorize a discharge of pollutants into waters in the State. The
facility and disposal site are located just below the dam of the Red Hills
Lake which is 0.75 mile east of State Highway 87 on Forest Road 116 and three
miles northeast of the City of Milam in Sabine County, Texas.
CITIES OF WACO, WOODWAY, BELLMEAD, LACY-LAKEVIEW, ROBINSON and HEWITT have
applied for a renewal of TPDES Permit No. 11071-001which authorizes the discharge
of treated domestic wastewater at an annual average flow not to exceed 37,800,000
gallons per day. Additionally, the applicants request that the existing sludge
lagoons be reclassified as surface disposal units; that language be added
to the permit which recognizes that the applicants are authorized to reuse
treated effluent in accordance with §210 of Title 30 of the Texas Administrative
Code (TAC). The pretreatment requirements have been revised in the draft permit
in order for the applicant to develop a new pretreatment program. This application
was submitted on November 26, 2003, the applicants requested a major amendment
to include two interim phases with a compliance schedule. On January 27, 2006,
the applicants requested that the application be processed as a renewal instead
of a major amendment. The Executive Director recommends granting the applicants
January 27th request. The facility is located on the southwest bank of the
Brazos River, approximately 4.5 miles downstream from the crossing of Interstate
Highway 35 and the Brazos River in McLennan County, Texas. The sludge disposal
site is located adjacent to the wastewater treatment facility.
TRD-200603592
LaDonna Castañuela
Chief Clerk
Texas Commission on Environmental Quality
Filed: July 5, 2006
Notification of Consulting Procurement
Pursuant to Chapter 2254, Subchapter B, Texas Government Code, the Health
and Human Services Commission (HHSC) announces the release of its Request
for Proposals for consultant services to assist the State in assuring the
effective performance of the Medicaid Claims/Primary Care Case Management
(PCCM) Administrator vendor via Independent Verification and Validation Services
(RFP #529-06-0376). HHSC seeks to contract with a single qualified vendor
to fulfill the requirements pursuant to this RFP.
The primary objectives for this procurement are to assist HHSC in administering
the Medicaid Claims/PCCM Administrator by:
Assuring the accurate, complete and timely delivery of technology services;
Monitoring and reporting on the Medicaid Claims/PCCM Administrator vendor
performance, specifically related to quality, risk management and issues resolution
on specified technology projects; and Exploring opportunities to maximize
efficiency and reduce costs in the administration of the affected State programs.
The RFP is located in full on HHSC's Business Opportunities Page under
"Contracting Opportunities" link at http://www.hhsc.state.tx.us/about_hhsc/BusOpp/BO_opportunities.html.
HHSC also posted notice of the procurement on the Texas Marketplace on June
30, 2006.
The successful Vendor will demonstrate the ability to meet these objectives
and will be evaluated, in part, by the degree to which the respondent shows
how it will achieve them.
The Health and Human Services Commission's Sole Point-Of-Contact for this
procurement is:
Peggie J. Laser
Procurement Project Manager
Texas Health and Human Services Commission
P.O. Box 85200-5200
Austin, Texas 78708-5200
(512) 491-1195
Peggie.laser@hhsc.state.tx.us
All questions regarding the RFP must be sent in writing to the above-referenced
contact by 5:00 PM Central Time on July 13, 2006. HHSC will post all written
questions received with HHSC's responses on its website on July 20, 2006,
or as they become available. All proposals must be received at the above-referenced
address on or before 3:00 PM Central Time on August 11, 2006. Proposals received
after this time and date will not be considered.
All proposals will be subject to evaluation based on the criteria and procedures
set forth in the RFP. HHSC reserves the right to accept or reject any or all
proposals submitted. HHSC is under no legal or other obligation to execute
any contracts on the basis of this notice. HHSC will not pay for costs incurred
by any entity in responding to this RFP.
TRD-200603579
Martin Zelinsky
Assistant General Counsel
Texas Health and Human Services Commission
Filed: July 3, 2006
Notice of Public Hearing for Newborn Screening Rules
The Department of State Health Services, Newborn Screening Branch, will
hold a public hearing to take public comments on proposed rules concerning
the expansion of the newborn screening panel. The proposed rules, located
in 25 Texas Administrative Code, §§37.51 - 37.67 (repeals) and §§37.51
- 37.65 (new rules) were published in the July 7, 2006, issue of the
The public hearing will be held at 9:00 a.m. on Friday, August 4, 2006,
in the Main Building, Room K-100 (Auditorium), Department of State Health
Services, 1100 West 49th Street, Austin, Texas, 78756.
Further information may be obtained from David R. Martinez, Manager of
the Newborn Screening Branch, Department of State Health Services, 1100 West
49th Street, Austin, Texas, 78756, telephone (512) 458-7111, extension 2216.
TRD-200603591
Cathy Campbell
General Counsel
Department of State Health Services
Filed: July 3, 2006
Company Licensing
Application to change the name of FARMERS MUTUAL PROTECTIVE ASSOCIATION
OF TEXAS to R.V.O.S. FARM MUTUAL INSURANCE, a domestic fire and/or casualty
company. The home office is in Temple, Texas.
Application to the State of Texas by CHRISTIAN CARE CENTERS, INC., to do
business as (dba) BRIDGEVIEW ESTATES, a continuing care retirement community.
The home office is in Mesquite, Texas.
Any objections must be filed with the Texas Department of Insurance, within
twenty (20) calendar days from the date of the Texas Register publication,
addressed to the attention of Godwin Ohaechesi, 333 Guadalupe Street, M/C
305-2C, Austin, Texas 78701.
TRD-200603610
Gene C. Jarmon
Chief Clerk and General Counsel
Texas Department of Insurance
Filed: July 5, 2006
Instant Game Number 689 "Triple Blackjack"
1.0 Name and Style of Game.
A. The name of Instant Game No. 689 is "TRIPLE BLACKJACK". The play style
is "poker".
1.1 Price of Instant Ticket.
A. Tickets for Instant Game No. 689 shall be $3.00 per ticket.
1.2 Definitions in Instant Game No. 689.
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: $3.00, $5.00, $10.00, $20.00, $50.00,
$70.00, $100, $500, $1,000, $3,000, $33,000, 2 CARD SYMBOL, 3 CARD SYMBOL,
4 CARD SYMBOL, 5 CARD SYMBOL, 6 CARD SYMBOL, 7 CARD SYMBOL, 8 CARD SYMBOL,
9 CARD SYMBOL, 10 CARD SYMBOL, JACK CARD SYMBOL, QUEEN CARD SYMBOL, KING CARD
SYMBOL, ACE CARD SYMBOL, 14, 15, 16, 17, 18, 19, 20 or BUST SYMBOL.
D. Play Symbol Caption - The printed material appearing below each Play
Symbol which explains the Play Symbol. One caption appears under each Play
Symbol and is printed in caption font in black ink in positive. The Play Symbol
Caption which corresponds with and verifies each Play Symbol is as follows:
E. Retailer Validation Code - Three (3) letters found under the removable
scratch-off covering in the play area, which retailers use to verify and validate
instant winners. These three (3) small letters are for validation purposes
and cannot be used to play the game. The possible validation codes are:
Low-tier winning tickets use the required codes listed in Figure 2:16.
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 $3.00, $5.00, $10.00 or $20.00.
H. Mid-Tier Prize - A prize of $50.00, $70.00, $100 or $500.
I. High-Tier Prize - A prize of $1,000, $3,000 or $33,000.
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 (689), a seven (7) digit pack number, and a three
(3) digit ticket number. Ticket numbers start with 001 and end with 125 within
each pack. The format will be: 689-0000001-001.
L. Pack - A pack of "TRIPLE BLACKJACK" Instant Game tickets contains 125
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 125
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 125 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 "TRIPLE
BLACKJACK" Instant Game No. 689 ticket.
2.0 Determination of Prize Winners. The determination of prize winners
is subject to the general ticket validation requirements set forth in Texas
Lottery Rule 401.302, Instant Game Rules, these Game Procedures, and the requirements
set out on the back of each instant ticket. A prize winner in the "TRIPLE
BLACKJACK" Instant Game is determined once the latex on the ticket is scratched
off to expose 39 (thirty-nine) Play Symbols. For each table, the player adds
the two cards in each PLAYER'S hand. If the total in any PLAYER'S hand is
higher than the DEALER'S HAND for that TABLE, the player wins the prize shown
for that PLAYER'S hand. If a player reveals a "BUST" symbol under DEALER'S
HAND, the player wins all four prizes for that table. J=10, Q=10, K=10, A=11.
Players can win up to 12 times on this ticket. 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 39 (thirty-nine) 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 39 (thirty-nine)
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 39 (thirty-nine) Play Symbols must be exactly one of those
described in Section 1.2.C of these Game Procedures;
17. Each of the 39 (thirty-nine) 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. Players can win up to twelve (12) times in this game.
C. The play area consists of three (3) TABLES. Each TABLE consists of one
(1) DEALER'S HAND, four (4) PLAYER'S hands and four (4) prize symbols.
D. Jack, Queen, and King will have a point value of ten (10). Ace will
have a point value of eleven (11).
E. In each table, there will be no ties between the DEALER'S HAND and any
of the PLAYER'S hands.
F. A score of twenty-one (21) will never appear in the DEALER'S HAND.
G. A range of scores from fourteen (14) to twenty (20) and BUST will be
used for the DEALER'S HAND.
H. A range of scores from twelve (12) to twenty-one (21) will be used for
the PLAYER'S hands.
I. All PLAYER'S hands will consist of two (2) cards.
J. No PLAYER'S hand will consist of two (2) Aces.
K. On each TABLE, there will be no more than four (4) of the same card
symbol, simulating a deck of cards.
L. On each TABLE, no more than two (2) PLAYER'S hands may contain identical
totals.
M. No TABLE will have two (2) or more PLAYER'S hands with identical card
symbols.
N. On each TABLE, there will be no more than two (2) identical prize amounts
except when required by multiple wins.
O. Doubles (2 of the same card symbol in the same hand) on a single PLAYER'S
hand are allowable, with respect to other restrictions.
P. On each TABLE, there should be no more than one (1) set of doubles.
Q. If the DEALER'S HAND busts, the DEALER'S HAND on the uncovered ticket
front will be replaced by the DEALER'S HAND play symbol "BUST".
R. Non-winning tickets will never contain the value twenty-one (21) in
the entire play area.
S. Non-winning tickets will never contain the word BUST over the entire
play area.
2.3 Procedure for Claiming Prizes.
A. To claim a "TRIPLE BLACKJACK" Instant Game prize of $3.00, $5.00, $10.00,
$20.00, $50.00, $70.00, $100 or $500, a claimant shall sign the back of the
ticket in the space designated on the ticket and present the winning ticket
to any Texas Lottery Retailer. The Texas Lottery Retailer shall verify the
claim and, if valid, and upon presentation of proper identification, make
payment of the amount due the claimant and physically void the ticket; provided
that the Texas Lottery Retailer may, but is not, in some cases, required to
pay a $50.00, $70.00, $100 or $500 ticket. In the event the Texas Lottery
Retailer cannot verify the claim, the Texas Lottery Retailer shall provide
the claimant with a claim form and instruct the claimant on how to file a
claim with the Texas Lottery. If the claim is validated by the Texas Lottery,
a check shall be forwarded to the claimant in the amount due. In the event
the claim is not validated, the claim shall be denied and the claimant shall
be notified promptly. A claimant may also claim any of the above prizes under
the procedure described in Section 2.3.B and Section 2.3.C of these Game Procedures.
B. To claim a "TRIPLE BLACKJACK" Instant Game prize of $1,000, $3,000 or
$33,000, the claimant must sign the winning ticket and present it at one of
the Texas Lottery's Claim Centers. If the claim is validated by the Texas
Lottery, payment will be made to the bearer of the validated winning ticket
for that prize upon presentation of proper identification. When paying a prize
of $600 or more, the Texas Lottery shall file the appropriate income reporting
form with the Internal Revenue Service (IRS) and shall withhold federal income
tax at a rate set by the IRS if required. In the event that the claim is not
validated by the Texas Lottery, the claim shall be denied and the claimant
shall be notified promptly.
C. As an alternative method of claiming a "TRIPLE BLACKJACK" Instant Game
prize, the claimant must sign the winning ticket, thoroughly complete a claim
form, and mail both to: Texas Lottery Commission, Post Office Box 16600, Austin,
Texas 78761-6600. The risk of sending a ticket remains with the claimant.
In the event that the claim is not validated by the Texas Lottery, the claim
shall be denied and the claimant shall be notified promptly.
D. Prior to payment by the Texas Lottery of any prize, the Texas Lottery
shall deduct a sufficient amount from the winnings of a person who has been
finally determined to be:
1. delinquent in the payment of a tax or other money collected by the Comptroller,
the Texas Workforce Commission, or Texas Alcoholic Beverage Commission;
2. delinquent in making child support payments administered or collected
by the Attorney General;
3. delinquent in reimbursing the Texas Health and Human Services Commission
for a benefit granted in error under the food stamp program or the program
of financial assistance under Chapter 31, Human Resources Code;
4. in default on a loan made under Chapter 52, Education Code; or
5. in default on a loan guaranteed under Chapter 57, Education Code.
E. If a person is indebted or owes delinquent taxes to the State, other
than those specified in the preceding paragraph, the winnings of a person
shall be withheld until the debt or taxes are paid.
2.4 Allowance for Delay of Payment. The Texas Lottery may delay payment
of the prize pending a final determination by the Executive Director, under
any of the following circumstances:
A. if a dispute occurs, or it appears likely that a dispute may occur,
regarding the prize;
B. if there is any question regarding the identity of the claimant;
C. if there is any question regarding the validity of the ticket presented
for payment; or
D. if the claim is subject to any deduction from the payment otherwise
due, as described in Section 2.3.D of these Game Procedures. No liability
for interest for any delay shall accrue to the benefit of the claimant pending
payment of the claim.
2.5 Payment of Prizes to Persons Under 18. If a person under the age of
18 years is entitled to a cash prize of less than $600 from the "TRIPLE BLACKJACK"
Instant Game, the Texas Lottery shall deliver to an adult member of the minor's
family or the minor's guardian a check or warrant in the amount of the prize
payable to the order of the minor.
2.6 If a person under the age of 18 years is entitled to a cash prize of
more than $600 from the "TRIPLE BLACKJACK" Instant Game, the Texas Lottery
shall deposit the amount of the prize in a custodial bank account, with an
adult member of the minor's family or the minor's guardian serving as custodian
for the minor.
2.7 Instant Ticket Claim Period. All Instant Game prizes must be claimed
within 180 days following the end of the Instant Game or within the applicable
time period for certain eligible military personnel as set forth in Texas
Government Code Section 466.408. Any prize not claimed within that period,
and in the manner specified in these Game Procedures and on the back of each
ticket, shall be forfeited.
2.8 Disclaimer. The number of prizes in a game is approximate based on
the number of tickets ordered. The number of actual prizes available in a
game may vary based on number of tickets manufactured, testing, distribution,
sales and number of prizes claimed. An Instant Game ticket may continue to
be sold even when all the top prizes have been claimed.
3.0 Instant Ticket Ownership.
A. Until such time as a signature is placed upon the back portion of an
Instant Game ticket in the space designated, a ticket shall be owned by the
physical possessor of said ticket. When a signature is placed on the back
of the ticket in the space designated, the player whose signature appears
in that area shall be the owner of the ticket and shall be entitled to any
prize attributable thereto. Notwithstanding any name or names submitted on
a claim form, the Executive Director shall make payment to the player whose
signature appears on the back of the ticket in the space designated. If more
than one name appears on the back of the ticket, the Executive Director will
require that one of those players whose name appears thereon be designated
by such players to receive payment.
B. The Texas Lottery shall not be responsible for lost or stolen Instant
Game tickets and shall not be required to pay on a lost or stolen Instant
Game ticket.
4.0 Number and Value of Instant Prizes. There will be approximately 4,080,000
tickets in the Instant Game No. 689. 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. 689 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. 689,
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-200603530
Kimberly L. Kiplin
General Counsel
Texas Lottery Commission
Filed: June 30, 2006
Notice of Early Gulf Shrimp Season Opening
The Executive Director of the Texas Parks and Wildlife Department hereby
orders that the Gulf shrimp season open on July 10, 2006. Based on sound biological
data, the executive director has determined that optimum migration of small
brown shrimp from the bays to the Gulf of Mexico will occur earlier than the
July 15 opening date established by rule. Sound biological data indicate that
by July 10, 2006, most of the shrimp on the Gulf fishing grounds will be of
satisfactory size to achieve maximum benefits from the resource.
The purpose of the closed Gulf season is to protect brown shrimp during
their major period of emigration from the bays to the Gulf of Mexico until
they reach a larger, more valuable size before harvest. The season closed
30 minutes after sunset, May 15, 2006.
The executive director finds that, based on biological evidence, it is
necessary to open the season earlier than scheduled in order to obtain optimum
yield from the resource.
This action is pursuant to the authority of Parks and Wildlife Code, §77.062,
which authorizes the commission to change the opening and closing dates of
the June 1 to July 15 closed season to provide for an earlier, later, or longer
season not to exceed 60 days, to change the closing date with 72 hours public
notice, to reopen the season with 24 hours notice, and to delegate to the
director the duties and responsibilities of opening and closing the shrimping
season.
TRD-200603578
Ann Bright
General Counsel
Texas Parks and Wildlife Department
Filed: June 30, 2006
Announcement of Application for State-Issued Certificate of Franchise Authority
The Public Utility Commission of Texas received an application on June
28, 2006, for 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 Etan Industries, Incorporated,
doing business as CMA Communications, for a State-Issued Certificate of Franchise
Authority, Project Number 32872 before the Public Utility Commission of Texas.
Applicant intends to provide cable service. The requested CFA service area
footprint includes the city limits of Sealy, 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 32872.
TRD-200603563
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: June 30, 2006
On June 29, 2006, Global Internetworking, Incorporated filed an application
with the Public Utility Commission of Texas (commission) to amend its service
provider certificate of operating authority (SPCOA) granted in SPCOA Certificate
Number 60710. Applicant intends to reflect a change in ownership/control whereby
Mercator Partners Acquisition Corporation will acquire 100% of the issued
and outstanding capital stock of Global Internetworking, Incorporated.
The Application: Application of Global Internetworking, Incorporated for
an Amendment to its Service Provider Certificate of Operating Authority, Docket
Number 32873.
Persons wishing to comment on the action sought should contact the Public
Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326,
or by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than
July 19, 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 32873.
TRD-200603562
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: June 30, 2006
Notice is given to the public of the filing with the Public Utility Commission
of Texas (commission) an application on June 27, 2006, for a certificate of
convenience and necessity for a proposed transmission line in Hidalgo County,
Texas.
Docket Style and Number: Application of Magic Valley Electric Cooperative,
Inc. (MVEC) for a Certificate of Convenience and Necessity for a Proposed
Transmission Line in Hidalgo County. Docket Number 32775.
The Application: The project is designated the Doedyns to Gandy 138 kV
Transmission Line Project. The proposed project is necessary to address the
electric service requirements of one of the most rapidly growing areas in
the MVEC electric system located in the territory north of the original portions
of the towns of San Juan, Donna and Alamo, Texas The miles of right-of-way
for the preferred route will be approximately 9.83 miles. The estimated date
to energize facilities is September 1, 2007.
Persons wishing to intervene or comment on the action sought should contact
the Public Utility Commission of Texas by mail at P. O. Box 13326, Austin,
Texas 78711-3326, or by phone at (512) 936-7120 or toll-free at 1-888-782-8477.
The current deadline for intervention in this proceeding is August 11, 2006.
Hearing and speech-impaired individuals with text telephone (TTY) may contact
the commission at (512) 936-7136 or use Relay Texas (toll-free) 1-800-735-2989.
All comments should reference Docket Number 32775.
TRD-200603524
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: June 29, 2006
On June 27, 2006, Centel Communications filed an application with the Public
Utility Commission of Texas (commission) to relinquish its service provider
certificate of operating authority (SPCOA) granted in SPCOA Certificate Number
60688. Applicant intends to relinquish its certificate.
The Application: Application of Centel Communications to Relinquish Service
Provider Certificate of Operating Authority, Docket Number 32708.
Persons wishing to comment on the action sought should contact the Public
Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326,
or by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than
July 19, 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 32708.
TRD-200603523
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: June 29, 2006
Notice is given to the public of the filing with the Public Utility Commission
of Texas of an application on June 26, 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 TerraCom, Inc. for a Service Provider
Certificate of Operating Authority, Docket Number 32864 before the Public
Utility Commission of Texas.
Applicant intends to provide plain old telephone service, ADSL, ISDN, HDSL,
SDSL, RADSL, VDSL, Optical Services, T1-Private Line, Switch 56 KBPS, Frame
Relay, Fractional T1, long distance, and wireless services.
Applicant's requested SPCOA geographic area includes the entire State of
Texas.
Persons who wish to comment upon the action sought should contact the Public
Utility Commission of Texas 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
July 19, 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 32864.
TRD-200603525
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: June 29, 2006
Notice is given to the public of the filing with the Public Utility Commission
of Texas of an application on June 29, 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 East Texas Rural Net, Incorporated
for a Service Provider Certificate of Operating Authority, Docket Number 32786
before the Public Utility Commission of Texas.
Applicant intends to provide plain old telephone service, ADSL, ISDN, HDSL,
SDSL, RADSL, Optical Services, T1-Private Line, Switch 56 KBPS, Frame Relay,
Fractional T1, long distance, wireless, and local loop 100 Base T, T3 or fractional
T3 services.
Applicant's requested SPCOA geographic area includes the area currently
served by AT&T Texas and Verizon Southwest.
Persons who wish to comment upon the action sought should contact the Public
Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326,
or by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than
July 19, 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 32786.
TRD-200603564
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: June 30, 2006
Notice is given to the public of the filing with the Public Utility Commission
of Texas of an application on June 29, 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 Cost Plus Communications, LLC for
a Service Provider Certificate of Operating Authority, Docket Number 32877
before the Public Utility Commission of Texas.
Applicant intends to provide plain old telephone service, T1-Private Line,
Fractional T1, and long distance services.
Applicant's requested SPCOA geographic area includes the entire State of
Texas.
Persons who wish to comment upon the action sought should contact the Public
Utility Commission of Texas 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
July 19, 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 32877.
TRD-200603565
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: June 30, 2006
On June 29, 2006, the Public Utility Commission of Texas (commission) received
a petition for emergency adoption of a commission rule and request for expedited
open meeting consideration.
Project Title and Number: Petition of the Office of the Public Utility
Counsel of Texas to Adopt an Emergency Rule to Suspend Disconnection of Electric
Utility Services Due to Extreme and Persistent Heat Conditions and Records
High Electricity Prices; Project Number 32874.
Summary of Petition: On June 29, 2006, the Office of the Public Utility
Counsel for Texas; AARP Texas; Texas Ratepayers Organization to Save Energy;
Texas Legal Services Center; Gulf Coast Community Services Association; Gray
Panthers of Austin; and Barnabas Connection of the Wimberley United Methodist
Church filed a petition pursuant to P.U.C. Procedural Rule §22.283 for
adoption of an emergency rule to suspend the disconnection by retail electric
providers or electric utilities of retail electric service "for non-payment
due to increased electricity usage from the occurrence of extreme and persistent
warm weather in this state and the presence of record high electric rates."
The proposed period in which disconnections would be suspended would run until
September 30, 2006, contingent upon certain conditions.
The commission will consider and possibly act on this petition at its next
open meeting, currently scheduled for July 20, 2006.
Comments on the petition may be submitted to the commission's Filing Clerk,
Public Utility Commission of Texas, 1701 North Congress Avenue, P.O. Box 13326,
Austin, Texas 78711-3326. Sixteen copies of comments to the proposed emergency
rule are required to be filed pursuant to P.U.C. Procedural Rule §22.71(c).
All comments should refer to Project Number 32874.
To obtain further information interested persons may call the commission
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.
TRD-200603595
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: July 5, 2006
Public Notice Disadvantaged Business Enterprise Goals Fiscal Year 2007
In accordance with Title 49, Code of Federal Regulations, Part 26, recipients
of federal-aid funds authorized by the Transportation Equity Act for the 21st
Century (TEA 21) are required to establish Disadvantaged Business Enterprise
(DBE) programs. Section 26.45 requires the recipients of federal funds, including
the Texas Department of Transportation (department), to set overall goals
for DBE participation in U. S. Department of Transportation assisted contracts.
As part of this goal-setting process, the department is publishing this notice
to inform the public of the proposed overall goals, and to provide instructions
on how to obtain copies of documents explaining the rationale for each goal.
The proposed Fiscal Year 2007 DBE goals are 12.12% for highway design and
construction, 13.86% for aviation design and construction, and 4.06% for public
transportation. The proposed goals and goal-setting methodology for each is
available for inspection between the hours of 8:00 a.m. and 5:00 p.m., Monday
through Friday, until August 13, 2006. The information may be viewed in the
office of the Texas Department of Transportation, Business Opportunity Programs
Office, 200 E. Riverside Drive, Austin, Texas 78704, Rm 2B.20.
The department will accept comments on the DBE goals until August 28, 2006.
Comments can be sent to Efrem Casarez, Business Opportunity Programs Office,
125 E. 11th St., Austin, Texas 78701; (512) 486-5502; Fax: (512) 486-5509;
Email: ecasarez@dot.state.tx.us.
TRD-200603614
Bob Jackson
Deputy General Counsel
Texas Department of Transportation
Filed: July 5, 2006
Texas Building and Procurement Commission
Coastal Coordination Council
Comptroller of Public Accounts
Notice of Award
Notice of Contract Amendment
Notice of Contract Amendment
Office of Consumer Credit Commissioner
East Texas Council of Governments
Texas Commission on Environmental Quality
Notice of Opportunity to Comment on Order Vacating Dafault Order
Notice of Opportunity to Comment on Settlement Agreements of Administrative Enforcement Actions
Notice of Opportunity to Comment on Shut Down Orders of Administrative Enforcement Actions
Notice of Public Hearings on Proposed Revisions to 30 TAC Chapter 115 and to the State Implementation Plan
Notice of Request for Public Comment and Notice of a Public Meeting for a Total Maximum Daily Load (TMDL) and Update to the State Water Quality Management Plan
Notice of Water Quality Applications
Texas Health and Human Services Commission
Department of State Health Services
Texas Department of Insurance
Texas Lottery Commission
Texas Parks and Wildlife Department
Public Utility Commission of Texas
Notice of Application for Amendment to Service Provider Certificate of Operating Authority
Notice of Application for Certificate of Convenience and Necessity for a Proposed Transmission Line in Hidalgo County, Texas
Notice of Application for Relinquishment of a Service Provider Certificate of Operating Authority
Notice of Application for Service Provider Certificate of Operating Authority
Notice of Application for Service Provider Certificate of Operating Authority
Notice of Application for Service Provider Certificate of Operating Authority
Notice of Petition for Emergency Rulemaking
Texas Department of Transportation
University of North Texas