Office of the Attorney General
Texas Water Code Enforcement Settlement Notice
Notice is hereby given by the State of Texas of the following proposed
resolution of an environmental enforcement lawsuit under Texas Water Code §7.110.
Before the State may settle a judicial enforcement action under Chapter 7
of the Texas Water Code, the State shall permit the public to comment in writing
on the proposed judgment. The Attorney General will consider any written comments
and may withdraw or withhold consent to the proposed agreed judgment if the
comments disclose facts or considerations that indicate that the consent is
inappropriate, improper, inadequate, or inconsistent with the requirements
of the Code.
Case Title and Court: United States of America and State of Texas v. City
of Dallas, Texas, Civil Action Number 3-06CV0845-B, in the U. S. District
Court, Northern District of Texas.
Nature of Defendant's Operations: Defendant City of Dallas has been issued
a National Pollutant Discharge Elimination System ("NPDES") storm water management
permit for the City's municipal storm sewer system under the federal Clean
Water Act by the Environmental Protection Agency. The permit required Dallas
to have a comprehensive system of maintenance and inspections to insure proper
operation of the storm sewer system. Plaintiff United States in its Complaint
alleged that Dallas has failed to comply with the NPDES permit and sought
injunctive relief and civil penalties. The State of Texas was a necessary
party to this Clean Water Act enforcement suit against the City of Dallas
pursuant to 33 U.S.C. §1319(e). A state claim under Texas Water Code
Chapter 26 (Water Quality Control) was included in the Complaint.
Proposed Agreed Judgment: The proposed Consent Decree awards an $800,000
civil penalty to the United States in settlement of the violations alleged
in the United States' Complaint. The Consent Decree further requires Dallas
to operate a comprehensive program to prevent discharges of pollutants into
storm water. As part of the program the City is ordered to: (i) hire and keep
on staff specified numbers and kinds of employees to implement the City's
storm water program, (ii) carry out inspections of industrial facilities,
construction sites, and storm water outfalls at specified intervals, and (iii)
implement an environmental management system at twelve facilities. In addition,
Dallas is ordered to spend $1.2 million to create two artificial wetland drainage
ponds to filter and treat storm water runoff before it reaches the Trinity
River.
For a complete description of the proposed settlement, the complete proposed
Amended Agreed Final Judgment should be reviewed. Requests for copies of the
judgment, and written comments on the proposed settlement should be directed
to Burgess Jackson, Assistant Attorney General, Office of the Texas Attorney
General, P.O. Box 12548, Austin, Texas 78711-2548, (512) 463-2012, facsimile
(512) 320-0052. Written comments must be received within 30 days of publication
of this notice to be considered.
For information regarding this publication, contact
Lauri Saathoff, Agency Liaison, at (512) 463-2096.
TRD-200602803
Stacey Schiff
Deputy Attorney General
Office of the Attorney General
Filed: May 17, 2006
Public Notice - Request for Quotes
The Workforce Solutions of the Brazos Valley Board (WSBVB) is soliciting
quotes for MIP Accounting, Training and Report Development through competitive
Request for Quote (RFQ) process. The Request for Quotes (RFQ) can be downloaded
at: www.bvcog.org or by request to John Jackson, (979) 595-2800, extension
2208, by E-mail at jjackson@bvcog.org, or by fax at (979) 595-2817, or in
writing to P.O. Box 4128, Bryan, TX 77805, Attention: Request for MIP Training
and Technical Assistance RFQ.
The Workforce Solutions Brazos Valley Board (WSBVB) is soliciting quotes
for: MIP Accounting Software Customized Program Manager and Payroll Reports;
MIP Customized training; 2-4 Additional MIP Seats.
This RFQ provides a uniform method for the procurement of the MIP Software
upgrade. It contains the necessary background, requirements, instructions,
and information for responding to this request for quote.
The deadline for proposals is Friday, June 9, 2006, 4:00 P.M. Please direct
questions via e-mail to:
jjackson@bvcog.org
Deadline for questions is Friday, May 26, 2006, 4:00 PM CST.
TRD-200602824
Tom Wilkinson
Executive Director
Brazos Valley Council of Governments
Filed: May 18, 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 May 12, 2006, through
May 18, 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 May 24, 2006. The public comment
period for these projects will close at 5:00 p.m. on June 23, 2006.
FEDERAL AGENCY ACTIONS:
Applicant: City of Corpus Christi
; Location:
The project is located from Marker 62 on Mustang Island and extends southwest
to Marker 253 on Padre Island (approximately 3 miles south of the Kleberg
County Line), in Nueces and Kleberg Counties, Texas. The project can be located
on the U.S.G.S. quadrangle maps entitled: Crane Islands NW, Crane Islands
SW, and Port Aransas, Texas. Approximate UTM Coordinates in NAD 27 (meters):
Zone 14; North end, Easting: 690,534; Northing: 3,078,100, and South end,
Easting: 673,581; Northing: 3,047,077. Project Description: The applicant
proposes to provide beach maintenance by: (a) relocating seaweed and sand
from the driving lanes to other areas above the mean high tide (April through
November), and (b) repositioning sand from between the dunes and the high
tide line across the beach, stopping short of the MTL. This is to maintain
clear driving lanes along the beach for public access. The area covered is
over 21 miles of beach, from the Port Aransas City Limit to a point approximately
3 miles south of the Kleberg County Line, not including the area of beach
within the Mustang Island State Park boundary. CCC Project No.: 06-0283-F1;
Type of Application: U.S.A.C.E. permit application #24192 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: Pelpro LLC
; Location: The project
is located north of Farm-to-Market Road 2925, immediately west of Arroyo City
Boulevard, and west of Arroyo City, in Cameron County, Texas. The project
can be located on the U.S.G.S. quadrangle map entitled: La Leona, Texas. Approximate
UTM Coordinates in NAD 27 (meters): Zone 14; Easting: 653000; Northing: 2913000.
Project Description: The applicant proposes to amend their permit to construct
a phased project with only some canals excavated as part of the initial phase
of the construction of a residential canal subdivision. Additional canals
would be excavated as the housing market allows. All canals in the initial
phase (Phase 1) would be excavated in the dry and once complete the two openings
into the Arroyo Colorado would be mechanically dredged. Following the excavation
of the initial canal system, later canals would be excavated as follows. Plugs
would remain in place where each phase ties into a previously excavated adjacent
canal, until the new canal is excavated. Once excavation of the new canal
is complete, the plug would be removed. Prior to and during removal of the
plugs, turbidity curtains would be placed around the openings where newly
constructed canals connect to the previously excavated canals. The applicant
has stated that they intend to complete the mitigation based on the success
criteria outlined in the mitigation plan of the permit. All construction of
mitigation, including planting will be completed within 18 months after start
of construction within jurisdictional wetland areas. The dissolved oxygen
monitoring plan would be modified to initiate monitoring once construction
of the canals in Phase 1 is complete. CCC Project No.: 06-0287-F1; Type of
Application: U.S.A.C.E. permit application #22870(01) 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.
Pursuant to §306(d)(14) of the Coastal Zone Management Act of 1972
(16 U.S.C.A. §§1451-1464), as amended, interested parties are invited
to submit comments on whether a proposed action is or is not consistent with
the Texas Coastal Management Program goals and policies and whether the action
should be referred to the Coastal Coordination Council for review.
Further information on the applications listed above may be obtained from
Ms. Tammy Brooks, Program Specialist, Coastal Coordination Council, P.O. Box
12873, Austin, Texas 78711-2873, or tammy.brooks@glo.state.tx.us. Comments
should be sent to Ms. Brooks at the above address or by fax at (512) 475-0680.
TRD-200602897
Larry L. Laine
Chief Clerk/Deputy Land Commissioner
Coastal Coordination Council
Filed: May 24, 2006
Notice of Request for Proposals
Pursuant to Chapter 2254, Subchapter B, and §403.301 and §403.3011,
Texas Government Code; §5.102, Property Tax Code; and Chapter 271, Local
Government Code, the Comptroller of Public Accounts (Comptroller) announces
the issuance of a Request for Proposals (RFP #176a) from qualified, independent
firms to provide pooled consulting services to the Comptroller. The successful
respondent(s) will assist the Comptroller in conducting Appraisal Standards
Reviews (ASR) of up to twenty-six (26) county appraisal districts throughout
the state, as well as follow-up reviews on an as-needed, as requested basis.
the Comptroller reserves the right to select multiple contractors to participate
in conducting the ASRs on a "pooled" basis, as set forth in the RFP. The successful
respondent(s) will be expected to begin performance of the contract or contracts,
if any, on or about August 1, 2006, or as soon thereafter as practical.
Contact: Parties interested in submitting a proposal should contact William
Clay Harris, Assistant General Counsel, Contracts, Comptroller of Public Accounts,
111 E. 17th St., ROOM G-24, Austin, Texas, 78774 (Issuing Office), telephone
number: (512) 305-8673, to obtain a copy of the RFP. The Comptroller will
mail copies of the RFP only to those specifically requesting a copy. The RFP
was made available for pick-up at the above-referenced address on Friday,
June 2, 2006, after 10:00 a.m., Central Zone Time (CZT), and during normal
business hours thereafter. The Comptroller also made the complete RFP available
electronically on the Electronic State Business Daily at: http://esbd.tbpc.state.tx.us
after 10:00 a.m. (CZT) on Friday, June 2, 2006.
Non-Mandatory Letters of Intent and Questions: All Non-Mandatory Letters
of Intent and questions regarding the RFP must be sent via facsimile to Mr.
Harris at: (512) 475-0973, not later than 2:00 p.m. (CZT), on Friday, June
16, 2006. Official responses to questions received by the foregoing deadline
will be posted electronically on the Electronic State Business Daily no later
than Tuesday, June 20, 2006, or as soon thereafter as practical. Non-Mandatory
Letters of Intent or Questions received after the deadline will not be considered.
Respondents shall be solely responsible for confirming the timely receipt
of Non-Mandatory Letters of Intent and Questions in the Issuing Office.
Closing Date: Proposals must be received in the Assistant General Counsel's
Office at the address specified above (ROOM G-24) no later than 2:00 p.m.
(CZT), on Tuesday, June 27, 2006. Proposals received after this time and date
will not be considered. Proposals will not be accepted from respondents that
do not submit proposals by the foregoing deadline. Respondents shall be solely
responsible for confirming the timely receipt of proposals in the Issuing
Office.
Evaluation and Award Procedure: All proposals will be subject to evaluation
by a committee based on the evaluation criteria and procedures set forth in
the RFP. The Comptroller will make the final decision regarding the award
of master contracts for assignments from the pool selected, if any. The Comptroller
reserves the right to award one or more contracts under this RFP. The Comptroller
reserves the right to accept or reject any or all proposals submitted. The
Comptroller is under no legal or other obligation to execute any contracts
on the basis of this notice or the distribution of any RFP. The Comptroller
shall not pay for any costs incurred by any entity in responding to this Notice
or the RFP.
The anticipated schedule of events is as follows: Issuance of RFP - June
2, 2006, after 10:00 a.m. CZT; Non-Mandatory Letters of Intent and Questions
Due - June 16, 2006, 2:00 p.m. CZT; Official Responses to Questions Posted
- June 20, 2006, or as soon thereafter as practical; Proposals Due - June
27, 2006, 2:00 p.m. CZT; Contract Execution - August 1, 2006, or as soon thereafter
as practical; Commencement of Project Activities - August 1, 2006, or as soon
thereafter as practical.
TRD-200602895
William Clay Harris
Assistant General Counsel
Comptroller of Public Accounts
Filed: May 24, 2006
Notice of Rate Ceilings
The Consumer Credit Commissioner of Texas has ascertained the following
rate ceilings by use of the formulas and methods described in §303.003
and §303.009, Tex. Fin. Code.
The weekly ceiling as prescribed by §303.003 and §303.009 for
the period of 05/29/06 - 06/04/06 is 18% for Consumer
1
/Agricultural/Commercial
2
/credit through
$250,000.
The weekly ceiling as prescribed by §303.003 and §303.009 for
the period of 05/29/06 - 06/04/06 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-200602880
Leslie L. Pettijohn
Commissioner
Office of Consumer Credit Commissioner
Filed: May 23, 2006
Request for Proposals for TANF Basic Education and Literacy Services
This Request for Proposals to interested entities is filed under Government
Code 2254.
The East Texas Council of Governments (ETCOG), as administrative unit for
the East Texas Workforce Development Board, is soliciting proposals for subcontractors
to provide, in the East Texas Workforce Development Area (WDA), Basic Education
and Literacy Services for Temporary Assistance for Needy Families (TANF) program
participants, former TANF Program participants and/or individuals who are
at-risk of becoming TANF participants.
The contract period would begin October 1, 2006 and run through September
30, 2007 with the availability of two one year options for renewal. It is
anticipated that the funding available will be similar to the current fiscal
year which is $206,215.
Counties that comprise the East Texas WDA are Anderson, Camp, Cherokee,
Gregg, Harrison, Henderson, Marion, Panola, Rains, Rusk, Smith, Upshur, Van
Zandt, and Wood.
Requests for Proposals will not be released prior to May 22, 2006. The
anticipated deadline for receipt of proposals will be July 6, 2006.
Persons or organizations wanting to receive a Request for Proposals (RFP)
package should request by letter, E-mail or by fax. Request letters should
be addressed to Gary Allen, Section Chief- Planning/Board Support, Workforce
Development Programs, East Texas Council of Governments, 3800 Stone Road,
Kilgore, Texas 75662 or E-mail to gary.allen@twc.state.tx.us or fax at (903)
983-1440, Attention: Gary Allen.
Questions concerning the RFP process should be addressed by E-mail or fax
to Gary Allen, Section Chief, Planning and Board Support at gary.allen@twc.state.tx.us
or fax at (903) 983-1440.
TRD-200602838
Glynn Knight
Executive Director
East Texas Council of Governments
Filed: May 19, 2006
Agreed Orders
The Texas Commission on Environmental Quality (TCEQ or commission) staff
is providing an opportunity for written public comment on the listed Agreed
Orders (AOs) in accordance with Texas Water Code (the Code), §7.075,
which requires that the commission may not approve these AOs unless the public
has been provided an opportunity to submit written comments. Section 7.075
requires that notice of the proposed orders and the opportunity to comment
must be published in the
Texas Register
no
later than the 30th day before the date on which the public comment period
closes, which in this case is
June 26, 2006
.
Section 7.075 also requires that the commission promptly consider any written
comments received and that the commission may withhold approval of an AO if
a comment discloses facts or considerations that indicate the proposed AO
is inappropriate, improper, inadequate, or inconsistent with the requirements
of the Code, the Texas Health and Safety Code (THSC), and/or the Texas Clean
Air Act (the Act). Additional notice is not required if changes to an AO are
made in response to written comments.
A copy of each proposed AO is available for public inspection at both the
commission's central office, located at 12100 Park 35 Circle, Building C,
1st Floor, Austin, Texas 78753, (512) 239-1864 and at the applicable regional
office listed as follows. Written comments about an AO should be sent to the
enforcement coordinator designated for each AO at the commission's central
office at P.O. Box 13087, Austin, Texas 78711-3087 and must be
received by 5:00 p.m. on June 26, 2006
. Written comments may also be
sent by facsimile machine to the enforcement coordinator at (512) 239-2550.
The commission enforcement coordinators are available to discuss the AOs and/or
the comment procedure at the listed phone numbers; however, §7.075 provides
that comments on the AOs should be submitted to the commission in
writing
.
(1) COMPANY: Akzo Nobel Polymer Chemicals L.L.C.; DOCKET NUMBER: 2006-0212-AIR-E;
IDENTIFIER: Regulated Entity Reference Number (RN) RN104262704; LOCATION:
Pasadena, Harris County, Texas; TYPE OF FACILITY: chemical manufacturing;
RULE VIOLATED: 30 TAC §116.115(c), Permit Number 21865, and THSC, §382.085(b),
by failing to prevent unauthorized emissions; PENALTY: $600; ENFORCEMENT COORDINATOR:
Scott Barnett, (713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite H,
Houston, Texas 77023-1486, (713) 767-3500.
(2) COMPANY: American OGD Corporation dba Galloway Food Mart; DOCKET NUMBER:
2006-0491-PST-E; IDENTIFIER: RN102255510; LOCATION: Mesquite, Dallas County,
Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline;
RULE VIOLATED: 30 TAC §334.50(b)(1)(A) and (d)(1)(B), by failing to provide
release detection and by failing to implement inventory control methods; PENALTY:
$3,500; ENFORCEMENT COORDINATOR: Melissa Keller, (512) 239-1768; REGIONAL
OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(3) COMPANY: Auxiliary of Sierra Medical Center; DOCKET NUMBER: 2006-0134-PST-E;
IDENTIFIER: RN100641729; LOCATION: El Paso, El Paso County, Texas; TYPE OF
FACILITY: hospital; RULE VIOLATED: 30 TAC §334.8(c)(5)(B)(ii) and (C),
by failing to timely renew a previously issued delivery certificate and by
failing to ensure that a legible tag, label, or marking with the tank number
is permanently applied upon or affixed to either the top of the fill tube
or to a nonremovable point on the fill tube; PENALTY: $1,040; ENFORCEMENT
COORDINATOR: Shontay Wilcher, (512) 239-2136; REGIONAL OFFICE: 401 East Franklin
Avenue, Suite 560, El Paso, Texas 79901-1206, (915) 834-4949.
(4) COMPANY: BMB Wood Recycling, Limited; DOCKET NUMBER: 2006-0148-AIR-E;
IDENTIFIER: RN104408497; LOCATION: Dallas, Dallas County, Texas; TYPE OF FACILITY:
wood recycling; RULE VIOLATED: 30 TAC §101.4 and THSC, §382.085(a)
and (b), by failing to prevent wood dust from the pallet grinding operation
from migrating onto adjacent property and creating a nuisance situation; PENALTY:
$1,500; ENFORCEMENT COORDINATOR: Suzanne Walrath, (512) 239-2134; REGIONAL
OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(5) COMPANY: Border Steel, Inc.; DOCKET NUMBER: 2006-0140-AIR-E; IDENTIFIER:
RN100213941; LOCATION: Vinton, El Paso County, Texas; TYPE OF FACILITY: steel
works; RULE VIOLATED: 30 TAC §122.144(2)(C) and §122.126(2), Federal
Operating Permit Number O-01456, and THSC, §382.085(b), by failing to
submit semiannual deviation reports and annual compliance certifications;
PENALTY: $3,210; ENFORCEMENT COORDINATOR: Terry Murphy, (512) 239-5025; REGIONAL
OFFICE: 401 East Franklin Avenue, Suite 560, El Paso, Texas 79901-1206, (915)
834-4949.
(6) COMPANY: BP Products North America, Inc.; DOCKET NUMBER: 2006-0099-AIR-E;
IDENTIFIER: RN102535077; LOCATION: Texas City, Galveston County, Texas; TYPE
OF FACILITY: petroleum refinery; RULE VIOLATED: 30 TAC §116.110(a) and
THSC, §382.085(b) and §382.0518(a), by allowing unauthorized emissions;
PENALTY: $10,000; ENFORCEMENT COORDINATOR: Terry Murphy, (512) 239-5025; REGIONAL
OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(7) COMPANY: Chevron Phillips Chemical Company L.P.; DOCKET NUMBER: 2006-0189-AIR-E;
IDENTIFIER: RN102320850; LOCATION: Borger, Hutchinson County, Texas; TYPE
OF FACILITY: chemical manufacturing; RULE VIOLATED: 30 TAC §116.110(a)
and THSC, §382.085(b), by failing to prevent the unauthorized release
of air contaminants into the atmosphere; PENALTY: $10,740; ENFORCEMENT COORDINATOR:
Suzanne Walrath, (512) 239-2134; REGIONAL OFFICE: 3918 Canyon Drive, Amarillo,
Texas 79109-4933, (806) 353-9251.
(8) COMPANY: D & J Enterprise; DOCKET NUMBER: 2006-0375-AIR-E; IDENTIFIER:
RN104806666; LOCATION: Beaumont, Jefferson County, Texas; TYPE OF FACILITY:
general contracting business; RULE VIOLATED: 30 TAC §101.4 and THSC, §382.085(b),
by failing to prevent the occurrence of a nuisance condition at nearby residences;
PENALTY: $1,260; ENFORCEMENT COORDINATOR: Daniel Siringi, (409) 898-3838;
REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.
(9) COMPANY: City of Dallas; DOCKET NUMBER: 2006-0126-AIR-E; IDENTIFIER:
RN100752146; LOCATION: Dallas, Dallas County, Texas; TYPE OF FACILITY: landfill;
RULE VIOLATED: 30 TAC §122.146(2), Federal Operating Permit Number O-02062,
and THSC, §382.085(b), by failing to submit a compliance certification;
PENALTY: $1,940; ENFORCEMENT COORDINATOR: Jason Kemp, (512) 239-5610; REGIONAL
OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(10) COMPANY: City of Iredell; DOCKET NUMBER: 2006-0223-MWD-E; IDENTIFIER:
RN101607752; LOCATION: Iredell, Bosque County, Texas; TYPE OF FACILITY: wastewater
treatment; RULE VIOLATED: 30 TAC §305.125(1) and (4), Texas Pollutant
Discharge Elimination System (TPDES) Permit Number WQ11565001, and the Code, §26.121(a),
by failing to comply with the permitted effluent limitations and by failing
to prevent the discharge and accumulation of sludge in the receiving stream;
PENALTY: $3,528; ENFORCEMENT COORDINATOR: Merrilee Hupp, (512) 239-4490; REGIONAL
OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.
(11) COMPANY: City of Lawn; DOCKET NUMBER: 2006-0164-PWS-E; IDENTIFIER:
RN101406916; LOCATION: Lawn, Taylor County, Texas; TYPE OF FACILITY: public
water supply; RULE VIOLATED: 30 TAC §290.46(d)(2)(B), (e)(6)(A), and
(m), by failing to provide a chlorine residual of 0.5 milligrams per liter
(mg/L) in the distribution system, by failing to employ a licensed class B
or higher surface water operator and provide a licensed class C operator during
operating hours, and by failing to maintain good maintenance and housekeeping
practices; 30 TAC §290.44(d)(1) and (h)(1)(A), by failing to provide
a minimum pressure of 35 pounds per square inch (psia) throughout the distribution
system and by failing to install backflow prevention assemblies or air gaps
at all establishments where a potential contamination hazard exists; and 30
TAC §290.43(c)(6), by failing to have a water storage tank thoroughly
tight against leakage; PENALTY: $3,520; ENFORCEMENT COORDINATOR: Craig Fleming,
(512) 239-5806; REGIONAL OFFICE: 1977 Industrial Boulevard, Abilene, Texas
79602-7833, (915) 698-9674.
(12) COMPANY: LBC Houston, L.P.; DOCKET NUMBER: 2006-0309-AIR-E; IDENTIFIER:
RN101041598; LOCATION: Seabrook, Harris County, Texas; TYPE OF FACILITY: bulk
chemical storage tank farm; RULE VIOLATED: 30 TAC §116.115(c), Permit
Number 462, and THSC, §382.085(b), by failing to prevent an avoidable
emissions event; PENALTY: $8,000; ENFORCEMENT COORDINATOR: Harvey Wilson,
(512) 239-0321; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas
77023-1486, (713) 767-3500.
(13) COMPANY: City of Lott; DOCKET NUMBER: 2006-0194-PWS-E; IDENTIFIER:
RN102697786; LOCATION: Lott, Falls County, Texas; TYPE OF FACILITY: public
water supply; RULE VIOLATED: 30 TAC §290.45(f)(4) and (5), by failing
to provide an adequate production capacity and by failing to provide an adequate
service pump capacity; 30 TAC §290.44(h)(1)(A) and (4), by failing to
install backflow prevention assemblies or an air gap at all residences or
establishments where an actual or potential contamination hazard exists and
by failing to have backflow prevention assemblies tested and certified to
be operating within specifications; 30 TAC §290.42(e)(4)(A) and (l) and §290.121(a),
by failing to provide a bottle of fresh ammonia solution outside the chlorination
room and by failing to keep on file and make available for commission review
a plant operations manual and an up-to-date chemical and microbiological monitoring
plan; 30 TAC §290.43(c)(4), by failing to provide a proper water level
indicator for all water storage tanks; and 30 TAC §290.46(m)(1), by failing
to conduct an annual inspection of the pressure tank; PENALTY: $1,554; ENFORCEMENT
COORDINATOR: Libby Hogue, (512) 239-1165; REGIONAL OFFICE: 6801 Sanger Avenue,
Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.
(14) COMPANY: Lucky Lady Oil Company; DOCKET NUMBER: 2006-0163-PST-E; IDENTIFIER:
RN104809553 and RN103939690; LOCATION: Dallas, Dallas County, Texas; TYPE
OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED:
30 TAC §37.815(a) and (b), by failing to demonstrate acceptable financial
assurance; and 30 TAC §334.22(a) and the Code, §5.702, by failing
to pay underground storage tank (UST) fees; PENALTY: $15,200; ENFORCEMENT
COORDINATOR: Marlin Bullard, (254) 751-0335; REGIONAL OFFICE: 2301 Gravel
Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(15) COMPANY: Chris Hanks dba Moss Lake Community Store; DOCKET NUMBER:
2006-0155-PWS-E; IDENTIFIER: RN101279982; LOCATION: Gainesville, Cooke County,
Texas; TYPE OF FACILITY: restaurant with public water supply; RULE VIOLATED:
30 TAC §290.46(d)(1) and (2)(A), (m)(1), and (n)(2), and §290.121(a),
by failing to operate the disinfection equipment to maintain a minimum free
chlorine residual of 0.2 mg/L throughout the distribution system, by failing
to keep on file and make available for commission review an up-to-date chemical
and microbiological monitoring plan and map of the distribution system, and
by failing to conduct an annual inspection of the pressure tanks; 30 TAC §290.42(e)(5)
and (l), by failing to provide a housed and locked enclosure for the hypochlorinator
solution containers and pumps and by failing to keep on file and make available
for commission review a plant operations manual; 30 TAC §290.41(c)(1)(F)
and (3)(J) and (K), by failing to keep on file and make available for commission
review a sanitary control easement for well number one and by failing to provide
the well with a concrete sealing block extending at least three feet from
the exterior well casing in all directions and by failing to provide the well
with a screened casing vent; 30 TAC §290.45(c)(1)(A)(ii) and THSC, §341.0315(c),
by failing to provide a minimum pressure tank capacity of ten gallons per
connection with a minimum of 220 gallons; and 30 TAC §290.51(a)(3) and
the Code, §5.702, by failing to pay the public health service fee; PENALTY:
$1,260; ENFORCEMENT COORDINATOR: Libby Hogue, (512) 239-1165; REGIONAL OFFICE:
2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(16) COMPANY: Mrs. Frank (Ann) Vaughn dba Pete's Brake and Alignment; DOCKET
NUMBER: 2006-0510-PST-E; IDENTIFIER: RN104896436; LOCATION: Wichita Falls,
Wichita County, Texas; TYPE OF FACILITY: automotive repair; RULE VIOLATED:
30 TAC §334.50(b)(1)(A), by failing to provide release detection; and
30 TAC §334.49(a)(1), by failing to provide corrosion protection; PENALTY:
$3,500; ENFORCEMENT COORDINATOR: Melissa Keller, (512) 239-1768; REGIONAL
OFFICE: 1977 Industrial Boulevard, Abilene, Texas 79602-7833, (915) 698-9674.
(17) COMPANY: Site Concrete, Inc.; DOCKET NUMBER: 2006-0238-WQ-E; IDENTIFIER:
RN104888425; LOCATION: Kennedale, Tarrant County, Texas; TYPE OF FACILITY:
concrete batch plant; RULE VIOLATED: 30 TAC §281.25(a)(4) and 40 Code
of Federal Regulations (CFR) §122.26(c), by failing to obtain authorization
to discharge storm water associated with an industrial activity; and the Code, §26.121(a),
by failing to prevent the unauthorized discharge of wastewater containing
concrete waste material; PENALTY: $2,400; ENFORCEMENT COORDINATOR: Brian Lehmkuhle,
(512) 239-4482; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951,
(817) 588-5800.
(18) COMPANY: S.J.G. Corporation dba Salt Lick Bar B Q; DOCKET NUMBER:
2006-0352-PWS-E; IDENTIFIER: RN101280873; LOCATION: Driftwood, Hays County,
Texas; TYPE OF FACILITY: restaurant with public water supply; RULE VIOLATED:
30 TAC §290.109(c)(3)(A)(ii) and (f)(3), §290.122(b)(2)(B) and (c)(2)(B),
and THSC, §341.031(a), by failing to collect and submit repeat water
samples for bacteriological analysis and by exceeding the maximum contaminant
level (MCL) for total coliform bacteria; PENALTY: $1,438; ENFORCEMENT COORDINATOR:
Kent Heath, (512) 239-4575; REGIONAL OFFICE: 1921 Cedar Bend Drive, Suite
150, Austin, Texas 78758-5336, (512) 339-2929.
(19) COMPANY: Southwest Recycled Materials, L.P.; DOCKET NUMBER: 2006-0146-AIR-E;
IDENTIFIER: RN10253790; LOCATION: Forney, Kaufman County, Texas; TYPE OF FACILITY:
portable concrete crusher; RULE VIOLATED: 30 TAC §116.115(b) and (c),
New Source Review Air Permit Number 48523, and THSC, §382.085(b), by
failing to maintain records at the site and by failing to request relocation
or change of location authorization and obtain written approval prior to moving
ExtecCrusher to a new site; PENALTY: $4,000; ENFORCEMENT COORDINATOR: Terry
Murphy, (512) 239-5025; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas
76118-6951, (817) 588-5800.
(20) COMPANY: Sunoco Pipeline L.P.; DOCKET NUMBER: 2006-0251-AIR-E; IDENTIFIER:
RN100214972; LOCATION: Orange, Orange County, Texas; TYPE OF FACILITY: petroleum
refinery; RULE VIOLATED: 30 TAC §122.146(1) and THSC, §382.085(b),
by failing to submit a complete compliance certification; PENALTY: $1,600;
ENFORCEMENT COORDINATOR: Daniel Siringi, (409) 898-3838; REGIONAL OFFICE:
3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.
(21) COMPANY: Texas A&M University; DOCKET NUMBER: 2006-0296-AIR-E;
IDENTIFIER: RN100216274, RN102974839, RN102181302, RN102061165, and RN102077849;
LOCATION: College Station, Brazos County, Texas; TYPE OF FACILITY: university
with generators for supplementary electrical power and boilers for steam,
hot water, and heating; RULE VIOLATED: 30 TAC §122.146(2) and THSC, §382.085(b),
by failing to timely submit annual compliance certifications; PENALTY: $17,820;
ENFORCEMENT COORDINATOR: Carolyn Lind, (903) 535-5100; REGIONAL OFFICE: 6801
Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.
(22) COMPANY: Texas Aero Engine Services, L.L.C.; DOCKET NUMBER: 2006-0230-AIR-E;
IDENTIFIER: RN100216225; LOCATION: Fort Worth, Tarrant County, Texas; TYPE
OF FACILITY: aircraft engine building plant; RULE VIOLATED: 30 TAC §115.412(2)(F)(ii)
and THSC, §382.085(b), by failing to keep the cover on the vapor degreaser
closed at all times except whenever parts are being handled in the cleaner;
and 30 TAC §116.115(c), Permit By Rule §106.261 and §106.262,
Registration Number 52797, and THSC, §382.085(b), by exceeding the maximum
annual usage rates of aluminum and polyester resin; PENALTY: $3,840; ENFORCEMENT
COORDINATOR: Samuel Short, (512) 239-5363; REGIONAL OFFICE: 2301 Gravel Drive,
Fort Worth, Texas 76118-6951, (817) 588-5800.
(23) COMPANY: Texas Star Investments, Inc. dba Texas Star 169; DOCKET NUMBER:
2006-0156-PST-E; IDENTIFIER: RN102356201; LOCATION: Corpus Christi, Nueces
County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline;
RULE VIOLATED: 30 TAC §334.72(2), by failing to report to the agency
a suspected release within 24 hours; and 30 TAC §334.74, by failing to
immediately investigate and confirm a suspected release within 30 days; PENALTY:
$11,600; ENFORCEMENT COORDINATOR: Joseph Daley, (817) 588-5800; REGIONAL OFFICE:
6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5503, (361) 825-3100.
(24) COMPANY: Dee Sims dba Three Rivers Flying Service; DOCKET NUMBER:
2006-0489-PST-E; IDENTIFIER: RN100672690; LOCATION: San Angelo, Tom Green
County, Texas; TYPE OF FACILITY: aviation and fuel services; RULE VIOLATED:
30 TAC §334.50(b)(1)(A), by failing to provide release detection; 30
TAC §334.49(a)(1), by failing to provide corrosion protection; and 30
TAC §334.8(c)(5)(A)(i), by failing to possess a valid delivery certificate
prior to receiving fuel; PENALTY: $4,375; ENFORCEMENT COORDINATOR: Melissa
Keller, (512) 239-1768; REGIONAL OFFICE: 622 South Oakes, Suite K, San Angelo,
Texas 76903-7013, (915) 655-9479.
(25) COMPANY: TM Chemicals Limited Partnership; DOCKET NUMBER: 2006-0266-AIR-E;
IDENTIFIER: RN102844271; LOCATION: Deer Park, Harris County, Texas; TYPE OF
FACILITY: chemical plant; RULE VIOLATED: 30 TAC §§111.111(a)(4)(A)(ii),
115.412(1)(A), and 122.143(4), Operating Permit Number O-01603, and THSC, §382.085(b),
by failing to maintain records of quarterly visible emissions, record visible
emission observations, and maintain records of monthly inspections for the
cold solvent degreaser; and 30 TAC §122.145(2) and THSC, §382.085(b),
by failing to timely submit the semiannual deviation report; PENALTY: $7,600;
ENFORCEMENT COORDINATOR: Craig Fleming, (512) 239-5806; REGIONAL OFFICE: 5425
Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(26) COMPANY: Town of Windom; DOCKET NUMBER: 2005-0501-MWD-E; IDENTIFIER:
TPDES Permit Number 10666001, RN103014619; LOCATION: Windom, Fannin County,
Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1)
and (17), TPDES Permit Number 10666001, and the Code, §26.121(a), by
failing to comply with the effluent limitations for total suspended solids,
dissolved oxygen, and biochemical oxygen demand and by failing to provide
monitoring results at the intervals specified in the permit; PENALTY: $5,778;
ENFORCEMENT COORDINATOR: Merrilee Hupp, (512) 239-4490; REGIONAL OFFICE: 2301
Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(27) COMPANY: David Medina dba Whitis Dairy; DOCKET NUMBER: 2005-2028-AGR-E;
IDENTIFIER: RN102169059; LOCATION: Stephenville, Erath County, Texas; TYPE
OF FACILITY: dairy; RULE VIOLATED: 30 TAC §321.47(c)(1), (e)(6), (f)(11),
(h)(1)(A), and (i), by failing to locate, construct, and manage the control
facility in a manner that will protect surface and groundwater quality, by
failing to maintain a permanent pond marker in the retention control structure,
by failing to conduct an annual analysis of at least one representative sample
of irrigation wastewater and one representative sample of manure/litter for
total nitrogen, total phosphorus, and total potassium, by failing to cease
applying waste or wastewater to the land management unit, and by failing to
maintain on site all required records; PENALTY: $5,460; ENFORCEMENT COORDINATOR:
Lynley Doyen, (512) 239-1364; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth,
Texas 76118-6951, (817) 588-5800.
(28) COMPANY: Danny Wilde; DOCKET NUMBER: 2006-0180-MSW-E; IDENTIFIER:
RN103670071; LOCATION: San Angelo, Tom Green County, Texas; TYPE OF FACILITY:
composting; RULE VIOLATED: 30 TAC §328.5(b), by failing to submit a notice
of intent to operate a composting facility for source-separated recylable
material; and 30 TAC §37.921 and §328.5(d), by failing to establish
financial assurance for closure of a municipal solid waste recycling facility
that is storing combustible material; PENALTY: $1,632; ENFORCEMENT COORDINATOR:
Tom Greimel, (512) 239-5690; REGIONAL OFFICE: 622 South Oakes, Suite K, San
Angelo, Texas 76903-7013, (915) 655-9479.
(29) COMPANY: Zaval-Tex Construction Company; DOCKET NUMBER: 2005-1380-PST-E;
IDENTIFIER: RN102778651; LOCATION: Beaumont, Jefferson County, Texas; TYPE
OF FACILITY: fleet dispensing; RULE VIOLATED: 30 TAC §115.221 and THSC, §382.085(b),
by failing to install an appropriate Stage I vapor recovery system (VRS);
30 TAC §115.248(1) and THSC, §382.085(b), by failing to ensure that
at least one facility representative received training and instruction in
the operation and maintenance of the Stage II VRS; 30 TAC §115.244(1)
and THSC, §382.085(b), by failing to conduct daily and monthly inspections
of the Stage II VRS; 30 TAC §115.246(1) and THSC, §382.085(b), by
failing to maintain a copy of the applicable California Air Resource Board
Executive Order for the Stage II VRS and any related components installed
at the station; 30 TAC §334.127(c), by failing to register with the commission,
a new or replacement aboveground storage tank (AST); and 30 TAC §334.126(a)(1)(A),
by failing to provide the executive director with written notification at
least 30 days prior to initiating the installation of an AST; PENALTY: $4,320;
ENFORCEMENT COORDINATOR: Edward Moderow, (512) 239-2680; REGIONAL OFFICE:
3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.
TRD-200602875
Stephanie Bergeron Perdue
Acting Deputy Director, Office of Legal Services
Texas Commission on Environmental Quality
Filed: May 23, 2006
This general permit is proposed under the authority found in Texas Water
Code (TWC), §26.040. General Permit Number WQG600000 would authorize
the operation of industrial solid waste facilities which receive waste for
treatment or storage on a commercial basis for discharge to publicly owned
treatment works.
Prior to issuing a general permit, the Texas Commission on Environmental
Quality (commission or TCEQ) must comply with TWC, §26.040(d) and 30
TAC §205.3(e). Both provisions require the commission to respond to all
timely public comments and issue a response to comments (RTC) at the same
time the general permit is issued or denied.
The Commission's Response to Comments
The Office of the Chief Clerk received timely letters from the following
entities: Hance, Scarborough, Wright, Woodward & Weisbart on behalf of
Newpark Resources, Inc., Liquid Environmental Solutions, and Texas Molecular.
Comments and Responses
Comment Number 1: Newpark Resources, Texas Molecular, and Liquid Environmental
Solutions commented that the 30 TAC §335.2(n) rule revisions provide
an opportunity for a commercial industrial solid waste facility in operation
prior to June 1, 2006, to apply for coverage under a general permit so that
it may continue operations until the individual permit can be obtained in
accordance with Senate Bill (SB) 1281. They also acknowledge that §335.2(n)
of the adopted rules and the proposed general permit specifically limit the
amount of time a facility can operate pursuant to the general permit, which
is 15 months or until a final decision is made on the application for an individual
permit.
Newpark Resources and Texas Molecular continued by stating that the five-year
permit term does not satisfy legislative intent, which is to require existing
commercial industrial waste facilities to obtain an individual permit as soon
as possible.
All commenters stated that even though the authorization to operate under
the general permit for a period not to exceed 15 months is included in Permit
Provision II.B.1., the five-year term of the general permit itself, included
on the coversheet and in Permit Provision II.F.1. of the general permit, could
be confusing to potential applicants.
Liquid Environmental Solutions expressed concerns that businesses may not
understand that they will need to get a Chapter 335 permit, even though there
is a provision within the general permit that limits an authorization to 15
months. They comment that they understand the purpose of the five-year term
is to allow for the potential for extensions authorized by the executive director
(ED), but are unaware of any contested hearings lasting more than a year to
final decision (except in extremely rare circumstances). They further stated
that if all facilities have their permit within 15 months, a rule that applies
to no one will be on the books.
The commenters requested that the general permit term should be revised
from five years to 15 months and should be extended using appropriate procedures,
or reissued for another year at the discretion of the ED in accordance with
30 TAC §335.2(n), if any entity operating under the general permit requests
and is granted an extension.
Response Number 1: The commission agrees that the issue pertaining to the
general permit term should be clarified and has revised the general permit
term to 27 months.
The maximum 15 month coverage under the general permit is based on the
typical processing time of an individual permit application issued under Texas
Health and Safety Code, Chapter 361 and is authorized by 30 TAC Chapter 335.
Fifteen months will allow the time needed to conduct an administrative and
technical review of the application, to request additional information from
the applicant if needed, to allow a 30-day public notice period, to respond
to comments, and to fulfill any other requirements that must be met in order
to issue an individual permit. This 15 month time frame does not include the
contested case hearing process, or other processes such as potential litigation.
An extension request will only be granted beyond 15 months by the ED if
the request is based on a contested case hearing or any other event which
can be justified by the applicant, such as litigation. A request by an applicant
to extend the 15 month coverage will not be automatic but, as stated in 30
TAC §335.2(n), must be approved at the discretion of the ED. To request
an extension of coverage beyond the 15 month term, the applicant must submit
a written request to the Waste Permits Division (MC 130). The contents of
the written request shall include, at a minimum, the general permit authorization
number, application information for the individual permit, and a justification
of why an extension is necessary. An extension is granted when written approval
is sent by the ED.
Therefore, in response to this comment and the adoption of 30 TAC §335.2(n),
changes have been made to the general permit to clarify that although the
general permit term is 27 months, facility coverage under this general permit
ends 15 months after submittal of a notice of intent (NOI), unless an extension
is requested by the applicant and approved by the ED. The changes are as follows:
The last paragraph on page 1 has been changed to read: This general permit
and the authorization contained herein shall expire at midnight 27 months
after the date of issuance (see Part II.B.1.).
Part II.B. now reads in its entirety:
1. An existing facility covered by this general
permit must submit an application for an individual permit under Chapter 361
of the Health and Safety Code by September 1, 2006, as required by 30 TAC §335.2(n).
2. Coverage under this general permit shall expire
15 months from the date of NOI submission.
3. An extension beyond the 15 month term may be
approved by the ED on an individual basis for an additional 12 months. The
request for extension must be justified by the applicant and based on events
(such as contested case hearings) that will delay the issuance of the individual
permit. Extensions to the 15 month term will not be automatic but, as stated
in 30 TAC Section 335.2(n), will be at the discretion of the ED.
To request an extension to the 15 month term,
the applicant must submit a written request to the Waste Permit Division (MC-130).
The contents of the written request shall include, at a minimum, the general
permit authorization number, application information for the individual permit,
and a justification of why an extension is necessary. An extension is granted
when written approval is sent by the Executive Director.
4. No facilities commencing operations after June
1, 2006, shall be covered under this general permit. All new facilities commencing
operations after June 1, 2006, are required to obtain coverage under Chapter
361 of the Health and Safety Code.
5. Operations shall not be authorized by this
general permit where prohibited by any other state rule or law.
6. The Executive Director may deny an application
for authorization under this permit, and may require that the applicant apply
for an individual permit, for any of the reasons described in 30 Texas Administrative
Code (TAC) §205.4.
7. The Executive Director may deny a Notice of
Intent (NOI) or revoke authorization under this general permit if the applicant
submits any false information in an NOI. Additionally, the executive director
may cancel, revoke, or suspend authorization to operate under this general
permit based on a finding of historical and significant noncompliance. Denial
of authorization to operate under this general permit or suspension of a permittee's
authorization under this general permit will be done according to commission
rules in 30 TAC, Chapter 205 (relating to General Permits for Waste Discharges).
8. Should authorization to discharge to a POTW
be required, it is the obligation of the permittee to obtain such authorization.
Permit provision II.F.1. has been revised and now reads in its entirety:
This general permit is effective for 27 months from the date of issuance.
This general permit may be amended, revoked, or canceled by the commission.
An authorization to operate under this general permit shall expire when a
final decision has been reached on an application submitted for individual
permit coverage under Chapter 361, of the Texas Health and Safety Code, as
required by 30 TAC §335.2(n).
TRD-200602886
Stephanie Bergeron Perdue
Acting Deputy Director, Office of Legal Services
Texas Commission on Environmental Quality
Filed: May 23, 2006
The Texas Commission on Environmental Quality (TCEQ) is providing an opportunity
for public comment and a notice and comment hearing (hearing) on the draft
revisions to Oil and Gas General Operating Permit (GOP) Numbers 511 - 514.
The draft GOPs contain revisions to codified applicable requirements, the
codification of permits by rule and standard permits as applicable requirements,
the exclusion of sites with case-by-case New Source Review permits, and the
addition of compliance assurance monitoring and periodic monitoring.
The draft GOPs are subject to a 30-day comment period. During the comment
period, any person may submit written comments on the draft GOPs. A hearing
will be held in Austin on July 6, 2006, at 1:30 p.m. in Room 131E of TCEQ,
Building C, located at 12100 Park 35 Circle. The hearing will be structured
for the receipt of oral or written comments by interested persons. Individuals
may present statements when called upon in order of registration. Open discussion
within the audience will not occur during the hearing; however, a TCEQ staff
member will be available to discuss the draft GOPs 30 minutes prior to the
hearing and will also be available to answer questions after the hearing.
Copies of the draft GOPs may be obtained from the TCEQ Web site at
Persons who have special communication or other accommodation needs who
are planning to attend the hearing should contact the TCEQ at (512) 239-4000.
Requests should be made as far in advance as possible.
TRD-200602878
Stephanie Bergeron Perdue
Acting Deputy Director, Office of Legal Services
Texas Commission on Environmental Quality
Filed: May 23, 2006
Correction of Error
The Department of Family and Protective Services proposed revisions to
Title 40, Chapter 745 which were published in the May 19, 2006, issue of the
TRD-200602903
Notice of Revocation of Certificates of Registration
The Department of State Health Services, having duly filed complaints pursuant
to 25 Texas Administrative Code, §289.205, has revoked the following
certificates of registration: Osteopathic Medical Center of Texas, Fort Worth,
M00500, May 12, 2006; Preston Forest Animal Clinic, Dallas, R11978, May 12,
2006; Transitional Hospitals Corporation Inc., Arlington, R20324, May 12,
2006; Jonathan W. Reeder, D.M.D., Sweeny, R21344, May 12, 2006; Martin Evans,
Americus, Georgia, R23864, May 12, 2006; Valley Orthopedic Associates Inc.,
Brownsville, R24431, May 12, 2006; Network Cancer Care, LP, Denton, R25653,
May 12, 2006; Byroad Chiropractic, Frisco, R26128, May 12, 2006; Texas Family
Medical Association, Austin, R26695, May 12, 2006; Joseph Edward Mechanik,
D.P.M., Houston, R26744, May 12, 2006; Texas State Healthcare Systems, LLC,
Garland, R28109, May 12, 2006; Southwest Health and Rehab, LLC, Carrollton,
R28417, May 12, 2006; CHCA Mainland, LP, Texas City, Z00287, May 12, 2006;
Laserwurx, LLC, Nashville, Tennessee, Z01739, May 12, 2006.
A copy of all relevant material is available, by appointment, for public
inspection at the Department of State Health Services, Exchange Building,
8407 Wall Street, Austin, Texas, telephone (512) 834-6688, Monday - Friday,
8:00 a.m. to 5:00 p.m. (except holidays).
TRD-200602901
Cathy Campbell
General Counsel
Department of State Health Services
Filed: May 24, 2006
Notice of Hearing on Proposed Provider Payment Rates
Hearing. The Texas Health and Human Services Commission (HHSC) will conduct
a public hearing to receive public comment on the proposed payment rate for
Medicaid services delivered by physician assistants (PAs). The effective date
of the proposed payment rate is July 1, 2006. The hearing will be held in
compliance with Chapter 32 of the Human Resources Code, §32.0282, which
requires public hearings on proposed payment rates for medical assistance
programs.
The public hearing will be held on June 29, 2006, at 1:00 p.m. in the Big
Bend Conference Room of the Braker Center, Building H, at 11209 Metric Boulevard,
Austin, Texas 78758-4021. Entry is through Security at the entrance of 11209
Metric Boulevard.
Written comments regarding the proposed payment rate may be submitted in
lieu of testimony until 5:00 p.m. the day of the hearing. Written comments
may be sent by U.S. mail to the attention of Irene Cantu, HHSC Rate Analysis,
MC H-400, P.O. Box 85200, Austin, Texas 78708-5200 or by e-mail to irene.cantu@hhsc.state.tx.us.
Express mail can be sent, or written comments can be hand delivered, to Ms.
Cantu, HHSC Rate Analysis, MC H-400, Braker Center Building H, at 11209 Metric
Boulevard, Austin, Texas 78758-4021. Alternatively, written comments may be
sent via facsimile to Ms. Cantu at (512) 491-1998.
Interested parties may request to have mailed to them or may pick up a
briefing package concerning the proposed payment rate by contacting Ms. Cantu
at (512) 491-1358 or at HHSC Rate Analysis, MC H-400, P.O. Box 85200, Austin,
Texas 78708-5200. Briefing packages also will be available at the hearing.
Persons with disabilities who wish to attend the hearing and require auxiliary
aids or services should contact Ms. Cantu by June 26, 2006, so that appropriate
arrangements can be made.
Methodology and justification. The proposed rate was determined in accordance
with the proposed reimbursement methodology for PAs under Purchased Health
Services at 1 TAC Chapter 355, Subchapter J, §355.8093 (relating to Physician
Assistants). The proposed reimbursement methodology rules were published for
the required 30-day public comment period in the April 21, 2006, issue of
the
Texas Register
(31 TexReg 3338-3339).
TRD-200602904
Steve Aragón
Chief Counsel
Texas Health and Human Services Commission
Filed: May 24, 2006
The Health and Human Services Commission received approval on May 15, 2006,
from the Centers for Medicare and Medicaid Services to amend the Texas State
Child Health Plan under Title 21 of the Social Security Act. The state plan
amendment is made in conjunction with proposed rule changes that were published
in the October 14, 2005, issue of the
Texas Register
(30 TexReg 6538). The effective date of this amendment is January
1, 2006.
This amendment modifies the cost-sharing requirement for certain families
to enroll in the Children's Health Insurance Program (CHIP). The amendment
replaces the current CHIP monthly premium with an enrollment fee. This provides
for a single payment at each certification, rather than multiple monthly payments
over the period of eligibility.
Enrollees at or below 133 percent of the federal poverty level (FPL), Native
Americans, and Alaskan Natives are exempt from the enrollment fee. The state
has submitted a waiver to CMS to charge $25 for those families that have income
above 133 percent FPL up to and including 150 percent FPL. For families that
have income above 150 percent FPL up to and including 185 percent FPL, the
enrollment fee is $35, and above 185 percent FPL up to and including 200 percent
FPL, the enrollment fee is $50.
For additional information, please contact Kyna Belcher, Policy Development
Support with the Medicaid/CHIP Division, by telephone at (512) 491-1884 or
by E-mail at kyna.belcher@hhsc.state.tx.us.
TRD-200602872
Steve Aragón
Chief Counsel
Texas Health and Human Services Commission
Filed: May 23, 2006
Notice of Public Hearing
Mulitfamily Housing Revenue Bonds (Center Ridge
Apartments) Series 2006
Notice is hereby given of a public hearing to be held by the Texas Department
of Housing and Community Affairs (the "Issuer") at Hastings Elementary School,
602 West Center Street, Duncanville, Dallas County, Texas 75116, at 6:00 p.m.
on June 21, 2006 with respect to an issue of tax-exempt multifamily residential
rental development revenue bonds in an aggregate principal amount not to exceed
$8,500,000 and taxable bonds, if necessary, in an amount to be determined,
to be issued in one or more series (the "Bonds"), by the Issuer. The proceeds
of the Bonds will be loaned to Summit Center Ridge Apartments, Ltd., a limited
partnership, or a related person or affiliate thereof (the "Borrower") to
finance a portion of the costs of acquiring, rehabilitating, and equipping
a multifamily housing development (the "Development") described as follows:
224-unit multifamily residential rental development located at 700 West Center
Street, Dallas County, Texas. Upon the issuance of the Bonds, the Development
will be owned by the Borrower.
All interested parties are invited to attend such public hearing to express
their views with respect to the Development and the issuance of the Bonds.
Questions or requests for additional information may be directed to Teresa
Morales at the Texas Department of Housing and Community Affairs, P.O. Box
13941, Austin, TX 78711-3941; (512) 475-3344; and/or teresa.morales@tdhca.state.tx.us.
Persons who intend to appear at the hearing and express their views are
invited to contact Teresa Morales in writing in advance of the hearing. Any
interested persons unable to attend the hearing may submit their views in
writing to Teresa Morales prior to the date scheduled for the hearing. Individuals
who require a language interpreter for the hearing should contact Teresa Morales
at least three days prior to the hearing date. Personas que hablan español
y requieren un intérprete, favor de llamar a Jorge Reyes al siguiente
número (512) 475-4577 por lo menos tres días antes de la junta
para hacer los preparativos apropiados.
Individuals who require auxiliary aids in order to attend this meeting
should contact Gina Esteves, ADA Responsible Employee, at (512) 475-3943 or
Relay Texas at (800) 735-2989 at least two days before the meeting so that
appropriate arrangements can be made.
TRD-200602899
Michael Gerber
Executive Director
Texas Department of Housing and Community Affairs
Filed: May 24, 2006
Multifamily Housing Revenue Bonds (Hillcrest Apartments)
Series 2006
Notice is hereby given of a public hearing to be held by the Texas Department
of Housing and Community Affairs (the "Issuer") at Tisinger Elementary School,
1701 Hillcrest Street, Mesquite, Dallas County, Texas 75149, at 6:00 p.m.
on June 22, 2006 with respect to an issue of tax-exempt multifamily residential
rental development revenue bonds in an aggregate principal amount not to exceed
$12,700,000 and taxable bonds, if necessary, in an amount to be determined,
to be issued in one or more series (the "Bonds"), by the Issuer. The proceeds
of the Bonds will be loaned to Summit Hillcrest Apartments, Ltd., a limited
partnership, or a related person or affiliate thereof (the "Borrower") to
finance a portion of the costs of acquiring, rehabilitating, and equipping
a multifamily housing development (the "Development") described as follows:
352-unit multifamily residential rental development located at 2019 Hillcrest
Street, Dallas County, Texas. Upon the issuance of the Bonds, the Development
will be owned by the Borrower.
All interested parties are invited to attend such public hearing to express
their views with respect to the Development and the issuance of the Bonds.
Questions or requests for additional information may be directed to Teresa
Morales at the Texas Department of Housing and Community Affairs, P.O. Box
13941, Austin, TX 78711-3941; (512) 475-3344; and/or teresa.morales@tdhca.state.tx.us.
Persons who intend to appear at the hearing and express their views are
invited to contact Teresa Morales in writing in advance of the hearing. Any
interested persons unable to attend the hearing may submit their views in
writing to Teresa Morales prior to the date scheduled for the hearing. Individuals
who require a language interpreter for the hearing should contact Teresa Morales
at least three days prior to the hearing date. Personas que hablan español
y requieren un intérprete, favor de llamar a Jorge Reyes al siguiente
número (512) 475-4577 por lo menos tres días antes de la junta
para hacer los preparativos apropiados.
Individuals who require auxiliary aids in order to attend this meeting
should contact Gina Esteves, ADA Responsible Employee, at (512) 475-3943 or
Relay Texas at (800) 735-2989 at least two days before the meeting so that
appropriate arrangements can be made.
TRD-200602898
Michael Gerber
Executive Director
Texas Department of Housing and Community Affairs
Filed: May 24, 2006
Company Licensing
Application to change the name of G.U.I.C. INSURANCE COMPANY to AMERICAN
MODERN SELECT INSURANCE COMPANY, a fire and/or casualty company. The home
office is in Amelia, Ohio.
Application to change the name of ALLMERICA FINANCIAL LIFE INSURANCE AND
ANNUITY COMPANY to COMMONWEALTH ANNUITY AND LIFE INSURANCE COMPANY, a foreign
life, accident and/or health company. The home office is in Worcester, Massachusetts.
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-200602902
Gene C. Jarmon
Chief Clerk and General Counsel
Texas Department of Insurance
Filed: May 24, 2006
Instant Game Number 654 "Texas Gold Rush"
1.0 Name and Style of Game.
A. The name of Instant Game No. 654 is "TEXAS GOLD RUSH". The play style
for game BEAT THE DEALER is "beat score". The play style for game FAST $50
is "is match up". The play style for game LUCKY 7's is "three in a line".
The play style for game DOUBLE UP is "key symbol match". The play style for
game MATCH UP is "match up with prize legend".
1.1 Price of Instant Ticket.
A. Tickets for Instant Game No. 654 shall be $10.00 per ticket.
1.2 Definitions in Instant Game No. 654.
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: $5.00, $10.00, $20.00, $30.00, $50.00,
$100, $300, $1,000, $10,000, $250,000, 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, J, Q,
K, A, GOLD PAN SYMBOL, POT OF GOLD SYMBOL, DIAMOND SYMBOL, COIN SYMBOL, SPUR
SYMBOL, MAP SYMBOL, CART SYMBOL, DOUBLE SYMBOL, SINGLE SYMBOL, STAR SYMBOL,
HORSESHOE SYMBOL, COWBOY HAT SYMBOL, COWBOY BOOT SYMBOL, LASSO SYMBOL, SADDLE
SYMBOL and GOLD NUGGET SYMBOL.
D. Play Symbol Caption - The printed material appearing below each Play
Symbol which explains the Play Symbol. One caption appears under each Play
Symbol and is printed in caption font in black ink in positive. The Play Symbol
Caption which corresponds with and verifies each Play Symbol is as follows:
E. Retailer Validation Code - Three (3) letters found under the removable
scratch-off covering in the play area, which retailers use to verify and validate
instant winners. These three (3) small letters are for validation purposes
and cannot be used to play the game. The possible validation codes are:
Low-tier winning tickets use the required codes listed in Figure 2. Non-winning
tickets and high-tier tickets use a non-required combination of the required
codes listed in Figure 2 with the exception of ∅, which will only appear
on low-tier winners and will always have a slash through it.
F. Serial Number - A unique 13 (thirteen) digit number appearing under
the latex scratch-off covering on the front of the ticket. There is a boxed
four (4) digit Security Number placed randomly within the Serial Number. The
remaining nine (9) digits of the Serial Number are the Validation Number.
The Serial Number is positioned beneath the bottom row of play data in the
scratched-off play area. The Serial Number is for validation purposes and
cannot be used to play the game. The format will be: 0000000000000.
G. Low-Tier Prize - A prize of $10.00 or $20.00.
H. Mid-Tier Prize - A prize of $30.00, $50.00, $100 or $300.
I. High-Tier Prize - A prize of $1,000, $10,000 or $250,000.
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 (654), a seven (7) digit pack number, and a three
(3) digit ticket number. Ticket numbers start with 001 and end with 050 within
each pack. The format will be: 654-0000001-001.
L. Pack - A pack of "TEXAS GOLD RUSH" Instant Game tickets contains 50
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 050
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 050 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 "TEXAS
GOLD RUSH" Instant Game No. 654 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 "TEXAS GOLD
RUSH" Instant Game is determined once the latex on the ticket is scratched
off to expose 37 (thirty-seven) Play Symbols. In the game BEAT THE DEALER,
if a player's YOUR card play symbol beats the DEALER'S card play symbol within
a hand, the player wins the PRIZE shown for that HAND. In the game FAST $50,
if a player reveals two matching play symbols, the player wins $50.00. In
the game LUCKY 7'S, if a player reveals three "7" play symbols in any row,
column or diagonal, the player wins the PRIZE shown. In the game MATCH UP,
if a player reveals three matching symbols in the same GAME, the player wins
the prize shown in the PRIZE LEGEND. 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 37 (thirty-seven) 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 37 (thirty-seven)
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 37 (thirty-seven) Play Symbols must be exactly one of those
described in Section 1.2.C of these Game Procedures;
17. Each of the 37 (thirty-seven) 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 book will not have identical
patterns.
B. Game BEAT THE DEALER: Players can win up to four (4) times in this play
area.
C. Game BEAT THE DEALER: The "2" card symbol will never appear as a YOUR
CARD.
D. Game BEAT THE DEALER: The "Ace" symbol is considered high.
E. Game BEAT THE DEALER: There will be no ties between the YOUR CARD symbol
and the DEALER'S CARD symbol in a game.
F. Game BEAT THE DEALER: There will be no duplicate non-winning prize symbols.
G. Game BEAT THE DEALER: There will be no duplicate YOUR CARDS appearing
on a ticket.
H. Game BEAT THE DEALER: There will be no duplicate DEALER'S CARD on a
ticket.
I. Game BEAT THE DEALER: The "Ace" card symbol will never appear as a DEALER'S
CARD.
J. Game BEAT THE DEALER: The same two cards will not appear together, in
any order in more than one HAND.
K. Game FAST $50: Players can win once in this play area.
L. Game FAST $50: Non-winning tickets will not contain two (2) like symbols.
M. Game FAST $50: Tickets winning in this play area will win as per the
prize structure.
N. Game LUCKY 7'S: Players can win once in this play area.
O. Game LUCKY 7'S: No ticket will contain three (3) or more matching symbols
other than the "7" symbol.
P. Game LUCKY 7'S: Tickets winning in this play area can only win by getting
three (3) "7" symbols in the same row, column or diagonal.
Q. Game LUCKY 7'S: There will never be four (4) "7's" in all four (4) corners.
R. Game DOUBLE UP: On winning tickets, the "DOUBLE" will only show as per
the prize structure. All other winning tickets will show the symbol "SINGLE".
S. Game MATCH UP: Players can win up to four (4) times in this area.
T. Game MATCH UP: There will be no duplicate non-winning GAMES in any order
on a ticket.
U. Game MATCH UP: Non-winning tickets will never contain more than two
(2) of the same PLAY SYMBOLS over the entire game play area.
V. Game MATCH UP: Consecutive non-winning tickets will not have identical
GAMES (e.g. If the first ticket shows Star, Horseshoe, and Nugget in any game
then the next ticket may not contain Star, Horseshoe, and Nugget in that exact
order in any game.).
W. Game MATCH UP: Winning tickets will win according to the prize legend
on the front of the ticket.
2.3 Procedure for Claiming Prizes.
A. To claim a "TEXAS GOLD RUSH" Instant Game prize of $10.00, $20.00, $30.00,
$50.00, $100 or $300, a claimant shall sign the back of the ticket in the
space designated on the ticket and present the winning ticket to any Texas
Lottery Retailer. The Texas Lottery Retailer shall verify the claim and, if
valid, and upon presentation of proper identification, make payment of the
amount due the claimant and physically void the ticket; provided that the
Texas Lottery Retailer may, but is not, in some cases, required to pay a $30.00,
$50.00, $100 or $300 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 "TEXAS GOLD RUSH" Instant Game prize of $1,000, $10,000 or
$250,000, 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 "TEXAS GOLD RUSH" 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.
F. If a person is indebted or owes delinquent taxes to the State, other
than those specified in the preceding paragraph, the winnings of a person
shall be withheld until the debt or taxes are paid.
2.4 Allowance for Delay of Payment. The Texas Lottery may delay payment
of the prize pending a final determination by the Executive Director, under
any of the following circumstances:
A. if a dispute occurs, or it appears likely that a dispute may occur,
regarding the prize;
B. if there is any question regarding the identity of the claimant;
C. if there is any question regarding the validity of the ticket presented
for payment; or
D. if the claim is subject to any deduction from the payment otherwise
due, as described in Section 2.3.D of these Game Procedures. No liability
for interest for any delay shall accrue to the benefit of the claimant pending
payment of the claim.
2.5 Payment of Prizes to Persons Under 18. If a person under the age of
18 years is entitled to a cash prize of less than $600 from the "TEXAS GOLD
RUSH" 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 "TEXAS GOLD RUSH" 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 2,040,000
tickets in the Instant Game No. 654. 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. 654 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. 654,
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-200602896
Kimberly L. Kiplin
General Counsel
Texas Lottery Commission
Filed: May 24, 2006
Notice of Application for Amendment to Certificated Service Area Boundary
Notice is given to the public of an application filed on May 16, 2006,
with the Public Utility Commission of Texas, for an amendment to a certificated
service area boundary in Bell County, Texas.
Docket Style and Number: Application of AT&T Texas to Amend Certificate
of Convenience and Necessity to Modify the Service Area Boundaries between
the Belton and Temple Exchanges. Docket Number 32718.
The Application: The minor boundary amendment is being filed to realign
the boundary between AT&T's Temple and Belton exchanges. The proposed
boundary amendment will transfer a small portion of serving area from the
Belton exchange to the Temple exchange to accurately reflect the way service
is currently being provisioned to existing customers in the area.
Persons wishing to comment on the action sought or intervene should contact
the Public Utility Commission of Texas by June 9, 2006, by mail at P.O. Box
13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll-free
at 1-888-782-8477. Hearing and speech-impaired individuals with text telephone
(TTY) may contact the commission at (512) 936-7136 or use Relay Texas (toll-free)
1-800-735-2989. All comments should reference Docket Number 32718.
TRD-200602864
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: May 22, 2006
On May 17, 2006, TelCove Operations, Inc. 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
60219. Applicant intends to reflect a change in ownership/control.
The Application: Application of TelCove Operations, Inc. for an Amendment
to its Service Provider Certificate of Operating Authority, Docket Number
32721.
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
June 7, 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 32721.
TRD-200602865
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: May 22, 2006
Notice is given to the public of an application filed with the Public Utility
Commission of Texas on May 17, 2006, for designation as an eligible telecommunications
provider (ETP) and eligible telecommunications carrier (ETC) pursuant to P.U.C.
Substantive Rule §26.417 and §26.418, respectively.
Docket Title and Number: Application of Vycera Communications, Inc., formerly
known as Genesis Communications International, Inc., for Designation as an
Eligible Telecommunications Provider Pursuant to P.U.C. Substantive Rule §26.417
and Designation as an Eligible Telecommunications Carrier Pursuant to P.U.C.
Substantive Rule §26.418. Docket Number 32723.
The Application: Vycera Communications, Inc. is requesting ETP/ETC designations
in the exchanges of non-rural incumbent local exchange carriers Southwestern
Bell Telephone Company, doing business as AT&T Texas, and Verizon TXG
and Verizon TXC, as indicated in the list of rate centers attached to its
instant application. Vycera holds Service Provider Certificate of Operating
Authority Number 60365.
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
June 22, 2006. Hearing and speech-impaired individuals with text telephones
(TTY) may contact the commission at (512) 936-7136 or toll free at 1-800-735-2989.
All comments should reference Docket Number 32723.
TRD-200602866
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: May 22, 2006
Notice is given to the public of the filing with the Public Utility Commission
of Texas of a petition for rulemaking filed on May 19, 2006.
Docket Style and Number: Petition of Level 3 Communications, LLC for Rulemaking
to Amend P.U.C. Substantive Rule §26.113, Relating to Transfer of Control
Applications; Project Number 32730.
Summary: Level 3 Communications, LLC (Level 3) petitioned the commission
to amend P.U.C. Substantive Rule §26.113 relating to Amendments to Certificate
of Operating Authority (COA) and Service Provider Certificate of Operating
Authority (SPCOA). Specifically, Level 3 proposes to amend §26.113 by
adding a new subsection (f) and renumbering existing subsections (f)- (i).
New subsection (f) will apply to parties filing applications with the Federal
Communications Commission (FCC) for domestic Section 214 license transfers
pursuant to 47 C.F.R. §63.03 and if necessary, any Hart-Scott Rodino
applications with the Department of Justice (DOJ). The amendment will allow
parties to close certain transfer of control transactions upon receiving FCC
and DOJ approval.
Pursuant to Administrative Procedure Act §2001.021, the commission
shall either deny the petition in writing, stating its reasons for denial,
or initiate a rulemaking proceeding not later than the 60th day after the
date the petition is filed.
Comments on the petition may be filed no later than Friday, June 23, 2006.
Sixteen copies shall be delivered to the Filing Clerk, Public Utility Commission
of Texas, 1701 North Congress Avenue, P.O. Box 13326, Austin, Texas 78711-3326.
All comments should reference Project Number 32730. Persons wishing to contact
the Public Utility Commission of Texas by phone may call (512) 936-7120 or
(toll free) 1-888-782-8477. Hearing and speech-impaired individuals with text
telephone (TTY) may contact the commission at (512) 936-7136 or use Relay
Texas (toll-free) 1-800-735-2989.
TRD-200602883
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: May 23, 2006
Public Notice - Public Hearing
The Texas Department of Transportation (department) will conduct a public
hearing to receive comments on the proposed formation of the Camino Real Regional
Mobility Authority ("Camino Real RMA") by the City of El Paso (the "City").
On May 15, 2006, the City filed a revised petition requesting authorization
from the Texas Transportation Commission to form the Camino Real RMA. As proposed,
the Camino Real RMA would encompass the boundary of the City, and would be
governed by a board of directors of seven members. Six of the board members
would be appointed by the City Council. In addition to the board members appointed
by the City, the presiding officer of the board will be appointed by the Governor.
The Camino Real RMA's initial candidate project is an approximately 7 mile
long project known as the Border Highway West Project intended to complete
the outer Loop 375 by extending the existing terminus of Loop 375 in the downtown
area westward to Interstate Highway 10 (I-10) at the US 85/NM273 interchange.
Pursuant to Title 43, Texas Administrative Code, §26.12, the department
will hold a public hearing on the date and at the time and location indicated
below to receive public comments and assess the level of public support concerning
the proposed Camino Real RMA:
Monday, June 12, 2006 at 6:00 p.m.
El Paso City Hall, City Council Chambers
2 Civic Center Plaza, 2nd Floor
El Paso, Texas 79901
All interested citizens are invited to attend the public hearing and to
provide input. Those desiring to make official comments may register starting
at 5:30 p.m. Oral and written comments may be presented at the public hearing,
or written comments may be submitted by mail. To be included in the official
record of the public hearing, written comments must be received by 5:00 p.m.
on June 22, 2006. Written comments should be mailed to: Doug Woodall P.E.,
Director of Turnpike Planning and Development, Texas Turnpike Authority Division,
Texas Department of Transportation, 125 E. 11th Street, Austin, Texas 78701-2483.
Persons with disabilities who plan to attend the public hearing and who
may need auxiliary aids or services such as interpreters for persons who are
deaf or hearing impaired, readers, large print, or Braille, are requested
to contact the El Paso City Clerk’s Office at (915) 541-4127, at least
two business days prior to the hearing, so that appropriate arrangements can
be made.
A copy of the City of El Paso’s petition to the Texas Transportation
Commission is available for inspection at the Office of the City Clerk, El
Paso City Hall, 2 Civic Center Plaza, 2nd Floor, El Paso, Texas 79901.
TRD-200602888
Bob Jackson
Deputy General Counsel
Texas Department of Transportation
Filed: May 23, 2006
Brazos Valley Council of Governments
Coastal Coordination Council
Comptroller of Public Accounts
Office of Consumer Credit Commissioner
East Texas Council of Governments
Texas Commission on Environmental Quality
Commission's Response to Public Comments on General Permit Number WQG600000
Notice of Comment Period and Hearing on Draft Oil and Gas General Operating Permits
Department of Family and Protective Services
Department of State Health Services
Texas Health and Human Services Commission
Public Notice
Texas Department of Housing and Community Affairs
Notice of Public Hearing
Texas Department of Insurance
Texas Lottery Commission
Public Utility Commission of Texas
Notice of Application for Amendment to Service Provider Certificate of Operating Authority
Notice of Application for Designation as an Eligible Telecommunications Provider and Eligible Telecommunications Carrier
Notice of Petition for Rulemaking
Texas Department of Transportation
University of North Texas