Department of Aging and Disability Services
Public Notice Announcing Pre-Application Orientation (PAO) for Enrollment of Medicaid Waiver Program Providers
The Department of Aging and Disability Services (DADS) will hold a Pre-Application
Orientation (PAO) for persons seeking to participate as a program provider
in the Home and Community-Based Services (HCS) and Texas Home Living (TxHmL)
Medicaid Waiver Programs.
NOTE:
Beginning with June 4, 2007, DADS will
be charging a non-refundable fee of $25.00 per registering legal entity for
attending a PAO. This fee will cover two representatives per legal entity.
No more than two representatives may attend and represent an entity. All fees
must be submitted with the registration packet by money order or cashiers
check payable to: Texas Department of Aging and Disability Services. DADS
will not accept cash or personal checks. Registration packets received by
DADS without the registration fees will not be processed and attendance to
the PAO will not be allowed. There will be no exceptions.
The PAO will be held at 8:45 a.m., Monday, June 4, 2007, in Austin, Texas
at the J. J. Pickle Center. Persons wanting to attend the PAO must request
a registration form by mail or by fax. Faxed requests must be sent to the
attention of Rodrick Pollock, Contract Specialist, at (512) 438-5522. Mailed
requests must be sent to: Texas Department of Aging and Disability Services;
Rodrick Pollock, Contract Specialist, Community Services Contracts (MC W-517);
P.O. Box 149030; Austin, Texas 78714-9030.
Note:
All written requests must include first
and last name along with a complete mailing address and a telephone number.
All requests
must
be legible.
Upon receipt of the written request, DADS will provide information regarding
the enrollment process and a registration form for the PAO. To attend the
PAO, an applicant must submit a completed registration form to DADS in a timely
manner. A completed registration form is submitted timely only under the following
conditions:
(1) If mailed via the US Postal Service, the completed registration form
bears a postmark date no later than Friday, May 4, 2007;
(2) if sent via a common or contract carrier, a receipt by the carrier
shows that it was placed in the hands of the carrier no later than Friday,
May 4, 2007; or
(3) if hand delivered, it is delivered directly to the DADS, Community
Services Contracts Unit, 701 W. 51st Street (MC W-517), Austin, Texas, no
later than Friday, May 4, 2007.
Persons requiring an interpreter for the deaf or hearing impaired, or any
other accommodation, must contact Rodrick Pollock at (512) 438-5428, or the
TTY telephone line of the Texas Relay at 1-800-735-2988 at least 72 hours
before the PAO.
For any additional information concerning the PAO, you may contact Art
G. Gonzales, Program Specialist, at (512) 438-5737. Further information regarding
the PAO application process may be obtained on the DADS website at: http://www.dads.state.tx.us/business/mental_retardation/hcs/index.html.
Criminal History Record Information
In accordance with 42 Code of Federal Regulations (CFR) §455.106,
all applicants must disclose to DADS criminal history record information about
"all persons with an ownership or control interest" in the applicant, or an
"agent" or "managing employee" of the applicant. Submission of the criminal
history record information will be required with the DADS
Application for Participation.
National Provider Identifiers
The Health Insurance Portability and Accountability Act (HIPAA) of 1996
requires health care entities to begin using National Provider Identifiers
(NPI) on standard health care transactions. DADS is requiring all health care
entities applying to contract with DADS to obtain and report their NPI number.
You will be required to submit a NPI assignment letter or email from the National
Plan and Provider Enumeration System (NPPES), along with your
Application for Participation
packet, which will be provided at the
PAO.
In order to comply with this HIPAA requirement, effective December 1, 2006,
all new contract applicants must obtain and report their NPI number with their
contract application.
TRD-200700679
Kenneth L. Owens
General Counsel
Department of Aging and Disability Services
Filed: February 21, 2007
Notice of Settlement of a Texas Health and Safety Code Enforcement Action
Notice is hereby given by the State of Texas of the following proposed
resolution of an environmental enforcement lawsuit under the Health and Safety
Code Chapter 341. 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 Act.
Case Title and Court: State of Texas v. Prairie Grove Water Supply Corp.,
No. GV401418 in the 261st District Court of Travis County, Texas.
Nature of Defendant's Operations: Defendant operates a public water supply
utility in Angelina County, Texas
Proposed Agreed Judgment: The judgment contains an injunction that prohibits
violations of Health and Safety Code Chapter 341. The judgment also requires
the defendant to pay $2,500 in civil penalties and $5,000 in attorney’s
fees to the State.
For a complete description of the proposed settlement, the complete proposed
Agreed Final Judgment should be reviewed. Requests for copies of the judgment,
and written comments on the proposed settlement should be directed to David
Preister, 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-200700680
Stacey Napier
Deputy Attorney General
Office of the Attorney General
Filed: February 21, 2007
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 February 9, 2007,
through February 15, 2007. As required by federal law, the public is given
an opportunity to comment on the consistency of proposed activities in the
coastal zone undertaken or authorized by federal agencies. Pursuant to 31
TAC §§506.25, 506.32, and 506.41, the public comment period for
these activities extends 30 days from the date published on the Coastal Coordination
Council web site. The notice was published on the web site on February 21,
2007. The public comment period for these projects will close at 5:00 p.m.
on March 23, 2007.
FEDERAL AGENCY ACTIONS:
Applicant: GB Biosciences
; Location: The
project is located in wetlands adjacent to Greens Bayou, near the intersection
of the Sam Houston Parkway and Interstate 10, in Houston, Harris County, Texas.
The project can be located on the U.S.G.S. quadrangle map entitled: Jacinto
City, Texas. Approximate UTM Coordinates in NAD 27 (meters): Zone 15; Easting:
289706; Northing: 289706. Project Description: The applicant proposes to amend
the original authorization to include the filling of an additional 0.779 acre
of adjacent wetlands. The purpose of the proposed fill is to facilitate the
construction of a temporary storm water drainage ditch and to provide flood
plain mitigation required by the Harris County Flood Control District (HCFCD).
As mitigation, the applicant proposes to purchase 0.779 acre credits from
the Greens Bayou Wetland Mitigation Bank. The original permit authorized the
dredging of approximately 553,000 cubic yards of sediment from 35 acres of
Greens Bayou, excavate approximately 15,000 cubic yards of sediment from 2,650
linear feet of the lower portion of the HCFCD ditch adjacent to Greens Bayou,
excavate approximately 1.5 acres of uplands for a sediment borrow source,
fill 0.5 acre of wetlands for the construction of an access road, and cap
2,650 linear feet of the lower portion of the HCFCD ditch with cement. CCC
Project No.: 07-0111-F1; Type of Application: U.S.A.C.E. permit application
#23735(01) is being evaluated under §404 of the Clean Water Act (33 U.S.C.A. §1344).
Applicant: Jefferson Triangle Marine LP
;
Location: The project is located in the Neches River, at the Triangle Marine
Facility on Sulphur Plant Road, in Beaumont, Jefferson County, Texas. The
project can be located on the U.S.G.S. quadrangle map entitled: Beaumont East,
Texas. Approximate UTM Coordinates in NAD 27 (meters): Zone 15; Easting: 399177;
Northing: 3323334. Project Description: The applicant proposes to construct
enhancements of the existing basin to accommodate barge traffic for landside
loading and offloading at the facility. The basin is separated into the West
Wharf, South Wharf, and the East Wharf.
At the East Wharf, the applicant proposes to construct a 300-linear-foot
bulkhead and excavate 5,000 cubic yards of material to -18 feet Mean Low Tide
(MLT). The bulkhead and associated backfill will be located above the mean
high tide line and will not require a permit. The 0.37-acre dredging area
will be located along the bulkhead and will extend approximately 55 feet from
the shoreline. Excavated material will be placed on the applicant's existing
dredged material placement area.
At the South Wharf, the applicant proposes to construct a 300-linear-foot
bulkhead and excavate 7,500 cubic yards of material to -18 feet MLT. The bulkhead
and associated backfill will result in a discharge of fill material into open
water. Less than 500 cubic yards of backfill will be required. The 0.55-acre
dredging area will be located along the bulkhead and will extend approximately
80 feet from the shoreline. Excavated material will be placed on the applicant's
existing dredged material placement area.
At the West Wharf, the applicant proposes to construct a 300-foot bulkhead,
install 16 barge dolphins and three platforms, and excavate 18,000 cubic yards
of material to -18 feet MLT. Excavated material will be placed on the applicant's
existing dredged material placement area. The bulkhead and associated backfill
will be located above the mean high tide line and will not require a permit.
The applicant will construct a 900-foot-long by 15-foot-wide approach way,
which will connect the three 60-foot-long by 30-foot-wide platforms. The 16
barge dolphins will line the shoreline of the West Wharf and will extend 5
feet from the proposed platforms. CCC Project No.: 07-0112-F1; Type of Application:
U.S.A.C.E. permit application #24211 is being evaluated under §10 of
the Rivers and Harbors Act of 1899 (33 U.S.C.A. §403).
Pursuant to §306(d)(14) of the Coastal Zone Management Act of 1972
(16 U.S.C.A. §§1451-1464), as amended, interested parties are invited
to submit comments on whether a proposed action is or is not consistent with
the Texas Coastal Management Program goals and policies and whether the action
should be referred to the Coastal Coordination Council for review.
Further information on the applications listed above may be obtained from
Ms. Tammy Brooks, Consistency Review Coordinator, Coastal Coordination Council,
P.O. Box 12873, Austin, Texas 78711-2873, or tammy.brooks@glo.state.tx.us.
Comments should be sent to Ms. Brooks at the above address or by fax at (512)
475-0680.
TRD-200700617
Larry L. Laine
Chief Clerk/Deputy Land Commissioner, General Land Office
Coastal Coordination Council
Filed: February 20, 2007
Notice of Rate Ceilings
The Consumer Credit Commissioner of Texas has ascertained the following
rate ceilings by use of the formulas and methods described in §§303.003,
303.009, and 304.003, Texas Finance Code.
The weekly ceiling as prescribed by §303.003 and §303.009 for
the period of 02/26/07 - 03/04/07 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 02/26/07 - 03/04/07 is 18% for Commercial over $250,000.
The judgment ceiling as prescribed by §304.003 for the period of
03/01/07 - 03/31/07 is 8.25% for Consumer/Agricultural/Commercial/credit through
$250,000.
The judgment ceiling as prescribed by §304.003 for the period of
03/01/07 - 03/31/07 is 8.25% for Commercial over $250,000.
1
Credit for personal, family or household
use.
2
Credit for business, commercial, investment
or other similar purpose.
TRD-200700673
Leslie L. Pettijohn
Commissioner
Office of Consumer Credit Commissioner
Filed: February 21, 2007
Agreed Orders
The Texas Commission on Environmental Quality (TCEQ or commission) staff
is providing an opportunity for written public comment on the listed Agreed
Orders (AOs) in accordance with Texas Water Code (the Code), §7.075.
Section 7.075 requires that before the commission may approve the AOs, the
commission shall allow the public an opportunity to submit written comments
on the proposed AOs. Section 7.075 requires that notice of the proposed orders
and the opportunity to comment must be published in the
Texas Register
no later than the 30th day before the date on which
the public comment period closes, which in this case is
April 2, 2007
. Section 7.075 also requires that the commission promptly
consider any written comments received and that the commission may withdraw
or withhold approval of an AO if a comment discloses facts or considerations
that indicate that consent is inappropriate, improper, inadequate, or inconsistent
with the requirements of the statutes and rules within the commission’s
jurisdiction or the commission’s orders and permits issued in accordance
with the commission’s regulatory authority. Additional notice of changes
to a proposed AO is not required to be published if those changes are made
in response to written comments.
A copy of each proposed AO is available for public inspection at both the
commission's central office, located at 12100 Park 35 Circle, Building C,
1st Floor, Austin, Texas 78753, (512) 239-1864 and at the applicable
regional office listed as follows. Written comments about an AO should be
sent to the enforcement coordinator designated for each AO at the commission's
central office at P.O. Box 13087, Austin, Texas 78711-3087 and must be received by 5:00 p.m. on April 2, 2007. Written comments
may also be sent by facsimile machine to the enforcement coordinator at (512)
239-2550. The commission enforcement coordinators are available to discuss
the AOs and/or the comment procedure at the listed phone numbers; however, §7.075
provides that comments on the AOs shall be submitted to the commission in writing.
(1) COMPANY: Aqua Development, Inc. dba Wilson Road Properties, Ltd.; DOCKET
NUMBER: 2006-1965-MWD-E; IDENTIFIER: RN102343126; LOCATION: Harris County,
Texas; TYPE OF FACILITY: domestic wastewater system; RULE VIOLATED: 30 Texas
Administrative Code (TAC) §305.125(1), Texas Pollution Discharge Elimination
System (TPDES) Permit Number 13870001, Effluent Limitations and Monitoring
Requirements Number 1 for Outfall 001A, and the Code, §26.121(a), by
failing to comply with the permitted effluent limits; PENALTY: $1,120; ENFORCEMENT
COORDINATOR: Suzanne Walrath, (512) 239-2134; REGIONAL OFFICE: 5425 Polk Avenue,
Suite H, Houston, Texas 77020-1486, (713) 767-3500.
(2) COMPANY: Bobby Sonny Johnson dba Blastmasters; DOCKET NUMBER: 2006-1971-AIR-E;
IDENTIFIER: RN104916424; LOCATION: Gregg County, Texas; TYPE OF FACILITY:
sandblasting and painting operation; RULE VIOLATED: 30 TAC §106.452(2)(D)
and §116.110(a)(4) and Texas Health & Safety Code (THSC), §382.085(b)
and §382.0518(a), by failing to obtain a permit or meet the conditions
of a permit by rule (PBR) prior to construction and operation of an abrasive
cleaning operation; and 30 TAC §106.433(9) and §106.110(a)(4) and
THSC, §382.085(b) and §382.0518(a), by failing to obtain a permit
or meet the conditions of a PBR prior to construction and operation of an
unenclosed surface coating operation; PENALTY: $4,200; ENFORCEMENT COORDINATOR:
Daniel Siringi, (409) 898-3838; REGIONAL OFFICE: 2916 Teague Drive, Tyler,
Texas 75701-3756, (903) 535-5100.
(3) COMPANY: C & R Distributing, Inc.; DOCKET NUMBER: 2006-2002-AIR-E;
IDENTIFIER: RN102477627; LOCATION: El Paso, El Paso County, Texas; TYPE OF
FACILITY: unmanned gas dispensing station; RULE VIOLATED: 30 TAC §114.100(a)
and THSC, §382.085(b), by failing to ensure a minimum of 2.7% oxygenate
in gasoline dispensed; PENALTY: $1,100; ENFORCEMENT COORDINATOR: Nadia Hameed,
(713) 767-3500; REGIONAL OFFICE: 401 East Franklin Avenue, Suite 560, El Paso,
Texas 79901-1206, (915) 834-4949.
(4) COMPANY: Camp Olympia, Inc.; DOCKET NUMBER: 2006-2226-MWD-E; IDENTIFIER:
RN101515435; LOCATION: Trinity, Trinity County, Texas; TYPE OF FACILITY: domestic
wastewater system; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number
00014261001 Effluent Limitations and Monitoring Requirements, and the Code, §26.121(a),
by failing to comply with the permit limit for total ammonia nitrogen; PENALTY:
$2,330; ENFORCEMENT COORDINATOR: Harvey Wilson, (512) 239-0321; REGIONAL OFFICE:
3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.
(5) COMPANY: City of Childress; DOCKET NUMBER: 2006-2158-MWD-E; IDENTIFIER:
RN101612604; LOCATION: Childress County, Texas; TYPE OF FACILITY: wastewater
treatment plant; RULE VIOLATED: 30 TAC §305.125, TPDES Permit Number
WQ0010076002, Effluent Limitations and Monitoring Requirement Number 1, and
the Code, §26.121(a), by failing to comply with permitted limits for
five-day carbonaceous biochemical oxygen demand; PENALTY: $2,800; ENFORCEMENT
COORDINATOR: Jorge Ibarra, (817) 588-5800; REGIONAL OFFICE: 3918 Canyon Drive,
Amarillo, Texas 79109-4933, (806) 353-9251.
(6) COMPANY: City of Clarksville; DOCKET NUMBER: 2006-1394-PWS-E; IDENTIFIER:
RN102929734; LOCATION: Clarksville, Red River County, Texas; TYPE OF FACILITY:
public water supply; RULE VIOLATED: 30 TAC §290.113(f)(4) and THSC, §341.0315(c),
by exceeding the maximum contaminant level for total trihalomethanes; PENALTY:
$725; ENFORCEMENT COORDINATOR: Yuliya Dunaway, (210) 490-3096; REGIONAL OFFICE:
2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.
(7) COMPANY: Commercial Metals Company; DOCKET NUMBER: 2006-1989-AIR-E;
IDENTIFIER: RN102412376; LOCATION: Vinton, El Paso County, Texas; TYPE OF
FACILITY: automobile shredding and metal recovery plant; RULE VIOLATED: 30
TAC §114.100(a) and THSC, §382.085(b), by allegedly having dispensed
and utilized gasoline for use as a motor vehicle fuel which failed to meet
the minimum oxygen content of 2.7% by weight; PENALTY: $1,400; ENFORCEMENT
COORDINATOR: Suzanne Walrath, (512) 239-2134; REGIONAL OFFICE: 401 East Franklin
Avenue, Suite 560, El Paso, Texas 79901-1206, (915) 834-4949.
(8) COMPANY: Cooper Concrete Co.; DOCKET NUMBER: 2006-1943-IWD-E; IDENTIFIER:
RN102457082; LOCATION: Garland, Dallas County, Texas; TYPE OF FACILITY: ready-mix
concrete plant; RULE VIOLATED: 30 TAC §305.125(1), General Permit Number
TXG110417 Section C, and the Code, §26.121(a), by failing to comply with
the permit limit for total suspended solids (TSS) and pH and by failing to
submit monitoring results; PENALTY: $28,435; ENFORCEMENT COORDINATOR: Harvey
Wilson, (512) 239-0321; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas
76118-6951, (817) 588-5800.
(9) COMPANY: Cowtown Petroleum Limited dba Cowtown Plaza; DOCKET NUMBER:
2006-1089-PST-E; IDENTIFIER: RN104473434; LOCATION: Fort Worth, Tarrant County,
Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline;
RULE VIOLATED: 30 TAC §115.245(2) and THSC, §382.085(b), by failing
to verify proper operation of the Stage II equipment; PENALTY: $2,000; ENFORCEMENT
COORDINATOR: Shontay Wilcher, (512) 239-2136; REGIONAL OFFICE: 2301 Gravel
Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(10) COMPANY: Delek Refining, Ltd.; DOCKET NUMBER: 2006-1433-AIR-E; IDENTIFIER:
RN100222512; LOCATION: Tyler, Smith County, Texas; TYPE OF FACILITY: petroleum
refinery; RULE VIOLATED: 30 TAC §122.143(4), Federal Operating Permit
(FOP) O-01257, Special Terms and Conditions (STC), 3.A.iii. and 3.B.iii, and
THSC, §382.085(b), by failing to maintain records of quarterly opacity
observations; 30 TAC §101.20(2) and §122.143(4), 40 Code of Federal
Regulations (CFR) §63.10(d)(5)(i) and §63.654(h), and THSC, §382.085(b),
by failing to submit semiannual startup, shutdown, and malfunction reports;
30 TAC §115.214(b)(1)(C) and §116.115(c), New Source Review (NSR)
Air Permit Number 72, Special Condition (SC) 5, FOP O-01257, STC 1.A., and
THSC, §382.085(b), by loading tank trucks not having current leak test
certifications; 30 TAC §113.340 and §122.143(4), 40 CFR §63.13(a)
and §63.642(f), FOP O-01257, STC 11.F., and THSC, §382.085(b), by
failing to submit a maximum achievable control technology (MACT) report; 30
TAC §116.115(c) and §122.143(4), NSR Air Permit Number 5955, SC
11.F., FOP O-01257, STC 13, and THSC, §382.085(b), by failing to conduct
weekly cooling tower sampling; 30 TAC §116.115(c) and §122.143(4),
NSR Air Permit Number 5955A, SC 4., FOP O-01257, STC 13, and THSC, §382.085(b),
by failing to maintain sulfur production levels; 30 TAC §101.20(2) and §122.143(4),
FOP O-01257, STC 1.A. and 10.E., 40 CFR §61.342(f)(2), and THSC, §382.085(b),
by failing to include a notice with off-site benzene waste shipments; 30 TAC §§101.20(2),
113.340, and 122.143(4), FOP O-01257, STC 1.A. and 10., 40 CFR §61.356(a),
(b)(1) and (2), and §63.654(a), and THSC, §382.085(b), by failing
to identify each benzene containing waste stream; 30 TAC §§101.20(2),
113.340, and 122.143(4), FOP O-01257, STC 1.A., 40 CFR §61.349(f) and §63.647(a),
and THSC, §382.085(b), by failing to conduct vent system visual inspections;
30 TAC §113.340 and §122.143(4), FOP O-01257, STC 1.A., 40 CFR §§63.120(a)(3)(ii),
63.646(a), and 63.646(g), and THSC, §382.085(b), by failing to conduct
yearly internal floating roof tank seal inspections; 30 TAC §101.20(1)
and (2) and §122.143(4), FOP O-01257, STC 1.A., 40 CFR §60.113b(a)(2)
and §61.351(a)(1), and THSC, §382.085(b), by failing to timely perform
visual tank seal inspections on tanks in benzene service; 30 TAC §113.340
and §122.143(4), FOP O-01257, STC 1.A., 40 CFR §63.120(a)(2)(i)
and (a)(3)(iii) and §63.646(a), and THSC, §382.085(b), by failing
to perform timely visual tank inspection of primary and secondary seals; 30
TAC §101.20(1) and §122.143(4), FOP O-01257, STC 1.A., 40 CFR §60.105(a)(4),
and THSC, §382.085(b), by failing to install an instrument to continuously
monitor and record hydrogen sulfide on fuel gas combustion devices; 30 TAC §101.20(1)
and §122.143(4), FOP O-01257, STC 6.F., 40 CFR §60.13(d)(1) and §60.105(a)(4),
and THSC, §382.085(b), by failing to perform daily hydrogen sulfide calculations;
30 TAC §§101.20(1), 113.340, and 122.143(4), FOP O-01257, STC 1.A.,
40 CFR §60.482-6(a)(1) and §63.648(a), and THSC, §382.085(b),
by failing to equip open-ended lines or valves with a cap, blind flange, plug,
or a second valve; 30 TAC §§101.20(1), 113.340, and 122.143(4),
FOP O-1257, STC 1.A., 40 CFR §60.486(c)(1) and (7) and §63.648(a),
and THSC, §382.085(b), by failing to provide complete information on
a leak detection and repair report; 30 TAC §101.20(1) and §122.143(4),
FOP O-1257, STC 1.A., 40 CFR §§60.7(c)(2), 60.105(e)(3)(ii), and
60.107(f), and THSC, §382.085(b), by failing to certify the accuracy
and completeness of quarterly continuous emissions monitoring systems reports;
30 TAC §113.340 and §122.143(4), FOP O-01257, STC 1.A., 40 CFR §63.654(g)
and (g)(5)(iii), and THSC, §382.085(b), by failing to submit a timely
and complete maximum achievable control technology (MACT) CC report; 30 TAC §113.340
and §122.143(4), FOP O-01257, STC 1.A., 40 CFR §63.10(d) and §63.1575(b)(2),
and THSC, §382.085(b), by failing to timely submit a MACT UUU report;
30 TAC §116.115(c) and §122.143(4), NSR Air Permit Number 4902,
SC 7, FOP O-01257, STC 13., and THSC, §382.085(b), by failing to conduct
monthly carbon monoxide sampling; 30 TAC §113.340 and §122.143(4),
FOP O-1257, STC 1.A., 40 CFR §63.120(a)(5) and §63.646(a), and THSC, §382.085(b),
by failing to notify the TCEQ at least 30 days prior to refilling storage
tanks in hazardous air pollutant (HAP) service; 30 TAC §113.340 and §122.143(4),
FOP O-01257, STC 1.A., 40 CFR §63.120(b)(1)(iii) and §63.646(a),
and THSC, §382.085(b), by failing to perform timely tank seal gap measurements
on tanks in HAP service; 30 TAC §101.20(1) and §122.143(4), FOP
O-01257, STC 1.A., 40 CFR §60.113b)(b)(1)(ii), and THSC, §382.085(b),
by failing to perform timely tank seal gap measurements on a tank in volatile
organic compound (VOC) service; 30 TAC §§101.20(2), 113.340, and
122.143(4), FOP O-01257, STC 1.A., 40 CFR §61.356(f)(1) and §63.654(a),
and THSC, §382.085(b), by failing to maintain a signed and dated flare
certification; and 30 TAC §113.340 and §122.143(4), FOP O-1257,
STC 1.A., 40 CFR §61.346(b)(2)(ii)(A) and §63.654(a), and THSC, §382.085(b),
by failing to install a flow indicator; PENALTY: $288,395; Supplemental Environmental
Project (SEP) offset amount of $92,358 applied to Texas Association of Resource
Conservation and Development Areas, Inc. (RC&D) - Household Hazardous
Waste Clean-Up; Supplemental Environmental Project (SEP) offset amount of
$23,000 applied to Texas Association of Resource Conservation and Development
Areas, Inc. ("RC&D") - Wastewater Treatment Assistance; ENFORCEMENT COORDINATOR:
Terry Murphy, (512) 239-5025; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas
75701-3756, (903) 535-5100.
(11) COMPANY: City of Electra; DOCKET NUMBER: 2005-0795-MWD-E; IDENTIFIER:
RN101212611; LOCATION: Electra, Wichita County, Texas; TYPE OF FACILITY: wastewater
treatment; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number 10020001,
Effluent Limitations and Monitoring Requirements Numbers 1 and 3, and the
Code, §26.121(a), by failing to meet the five-day biochemical oxygen
demand, TSS, and pH effluent limitations; PENALTY: $8,360; Supplemental Environmental
Project (SEP) offset amount of $6,688 applied to the replacement of broken
or substandard wastewater collection system lines for four low to moderate
income households; ENFORCEMENT COORDINATOR: Brent Hurta, (512) 239-6589; REGIONAL
OFFICE: 1977 Industrial Boulevard, Abilene, Texas 79602-7833, (915) 698-9674.
(12) COMPANY: Exxon Mobil Corporation; DOCKET NUMBER: 2006-1442-AIR-E;
IDENTIFIER: RN102501020; LOCATION: Mont Belvieu, Chambers County, Texas; TYPE
OF FACILITY: polyethylene plant; RULE VIOLATED: 30 TAC §111.205(a) and §122.143(4),
FOP Number O-02276, SC 3F(i), and THSC, §382.085(b), by failing to provide
annual written notification of intent and to provide a phone or electronic
facsimile notice; 30 TAC §§101.20(1), 116.115(c), and 122.143(4),
NSR Permit Number 4831, SC 6A (effective May 12, 2005, now 5A), FOP Number
O-02276, SC 9, 40 CFR §60.18(c)(4)(i), and THSC, §382.085(b), by
failing to limit the flare exit velocity; 30 TAC §116.115(c) and §122.143(4),
NSR Permit Number 4831, SC 6D (effective May 12, 2005, now 5D), FOP Number
O-02276, SC 9, and THSC, §382.085(b), by failing to limit analyzer down
time to 5% of flare operating hours; 30 TAC §116.115(c) and §122.143(4),
NSR Permit Number 4831, SC 6D (effective May 30, 2003), FOP Number O-02276,
SC 9, and THSC, §382.085(b), by operating the low density polyethylene
flare while the analyzer was out of service; 30 TAC §§101.20(1),
115.781(d)(1), and 122.143(4), 40 CFR §60.563(d)(2), FOP Number O-02276,
SC 1A, and THSC, §382.085(b), by failing to monthly monitor 37 out of
151 new car-seals on bypass lines; 30 TAC §§115.352(2), 115.782(b)(2),
and 122.143(4), FOP Number O-02276, SC 1A, and THSC, §382.085(b), by
failing to make a first attempt to repair a valve in ethylene service; 30
TAC §116.115(c) and §122.143(4), NSR Permit Number 4831, SC 1, FOP
Number O-02276, SC 9, and THSC, §382.085(b), by failing to comply with
the annual maximum allowable emissions rate (MAER) for VOC; 30 TAC §§101.20(1),
116.115(c), and 122.143(4), NSR Permit Number 4831, SC 6A (now 5A), FOP Number
O-02276, SC 9, 40 CFR §60.18(c)(3)(ii), and THSC, §382.085(b), by
failing to maintain the minimum heating value of 300 British thermal units
per standard cubic foot; 30 TAC §116.110(a) and THSC, §382.085(b)
and §382.0518(a), by failing to obtain a permit before constructing and
operating five catalyst loading stations; 30 TAC §116.115(c) and §122.143(4),
NSR Permit Number 4831, SC 1, FOP Number O-02276, SC 9, and THSC, §382.085(b),
by failing to comply with the E2 granular feed bin filter annual emission
rate of 0.01 tons per year; 30 TAC §116.115(c) and §122.143(4),
NSR Permit Number 4831, SC 3, FOP Number O-02276, SC 9, and THSC, §382.085(b),
by exceeding the hourly MAER of 274 pounds of VOC to a million pounds of granular
product; 30 TAC §115.244(1) and THSC, §382.085(b), by failing to
conduct daily inspections of the Stage II vapor recovery system; 30 TAC §§101.20(1),
115.783(1)(B), and 122.143(4), 40 CFR §60.562-1(e), FOP Number O-02274,
SC 1A, and THSC, §382.085(b), by failing to install two car-seals to
valves in a closed-vent system; and 30 TAC §122.145(2)(A), FOP Number
O-02276, General Terms and Conditions, and THSC, §382.085(b), by failing
to submit a complete deviation report; PENALTY: $92,138; ENFORCEMENT COORDINATOR:
Miriam Hall, (512) 239-1044; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston,
Texas 77023-1486, (713) 767-3500.
(13) COMPANY: David Gonzales; DOCKET NUMBER: 2006-2242-OSI-E; IDENTIFIER:
RN105081517; LOCATION: Hereford, Deaf Smith County, Texas; TYPE OF FACILITY:
on-site sewage facility installing business; RULE VIOLATED: 30 TAC §285.61(4)
and THSC, §366.051(c), by failing to obtain documentation that the owners
or owners’ agent had acquired an authorization to construct from the
TCEQ prior to altering an on-site sewage facility; PENALTY: $500; ENFORCEMENT
COORDINATOR: Pamela Campbell, (512) 239-4493; REGIONAL OFFICE: 3918 Canyon
Drive, Amarillo, Texas 79109-4933, (806) 353-9251.
(14) COMPANY: Hill Country Arts Foundation; DOCKET NUMBER: 2006-1993-PWS-E;
IDENTIFIER: RN101275485; LOCATION: Kerr County, Texas; TYPE OF FACILITY: public
water supply; RULE VIOLATED: 30 TAC §290.109(c)(2)(A)(i), (c)(2)(F),
and (c)(3)(A)(ii), and §290.122(c)(2)(B) and THSC, §341.033(d),
by failing to perform routine bacteriological monitoring and failing to provide
public notice, by failing to collect and submit at least five routine samples
the month following a total coliform-positive result and failed to provide
public notice of failure to collect appropriate number of routine samples,
and by failing to collect and submit repeat samples following a coliform-positive
sample and failing to provide public notice; PENALTY: $2,840; ENFORCEMENT
COORDINATOR: Yuliya Dunaway, (210) 490-3096; REGIONAL OFFICE: 14250 Judson
Road, San Antonio, Texas 7233-4480, (210) 490-3096.
(15) COMPANY: INVISTA S.a.r.l., LLC; DOCKET NUMBER: 2006-1740-AIR-E; IDENTIFIER:
RN104392626; LOCATION: Orange County, Texas; TYPE OF FACILITY: nylon production
plant; RULE VIOLATED: 30 TAC §122.143(4) and §122.145(2)(A) and
THSC, §382.085(b), by failing to report all instances of deviations;
30 TAC §117.419(b) and §122.143(4), FOP Number O-01350, General
Terms and Conditions, and THSC, §382.085(b), by failing to furnish the
executive director copies of continuous emission monitoring system (CEMS)
performance evaluations; 30 TAC §101.20(1) and §122.143(4), FOP
Number O-01350, Special Terms and Conditions Number 4A, and THSC, §382.085(b),
by failing to document the daily CEMS calibrations for nitrogen oxides; 30
TAC §101.20(1) and §122.143(4), FOP Number O-01350, General Terms
and Conditions, and THSC, §382.085(b), by failing to furnish the administrator
within 60 days of a performance evaluation two copies of a written report
of the results of the performance evaluation; 30 TAC §116.115(c), Permit
Number 1302, SC Number 5E, Permit Number 1303, SC Number 7E, Permit Number
1790, SC Number 1E, and THSC, §382.085(b), by failing to install a cap,
blind flange, plug, or a second valve on equipment in VOC service; 30 TAC §116.115(c),
Permit Number 1303, Special Condition Number 2, and THSC, §382.085(b),
by failing to operate within the maximum ammonia concentrations in the scrubber
solution; 30 TAC §116.115(c), Permit Number 1303, SC Numbers 3 and 9E,
and THSC, §382.085(b), by failing to sample and analyze the ammonia concentration
and by failing to document the performance of each ammonia audio, olfactory,
and visual inspection in the operator’s log; 30 TAC §122.143(4),
FOP Number O-02075, Special Terms and Conditions Number 4A, and THSC, §382.085(b),
by failing to conduct opacity observations; 30 TAC §116.115(c), Permit
Number 1468, Special Condition Number 7B, and THSC, §382.085(b), by failing
to check the zero and the span on a daily basis on each CEMS analyzer; 30
TAC §117.319(a)(1) and §117.419(a)(1) and THSC, §382.085(b),
by failing to provide verbal notification of the date of a CEMS performance
evaluation; 30 TAC §116.115(b)(2)(F), Permit Number 1790, General Condition
Number 8, and THSC, §382.085(b), by failing to maintain an emission rate
below the maximum allowable emission limit; 30 TAC §106.454(1)(E) and §115.412(1)(C)
and THSC, §382.085(b), by failing to post a permanent and conspicuous
label summarizing the operating requirements to minimize emissions; 30 TAC §106.454(1)(A)
and THSC, §382.085(b), by failing to keep records of the total solvent
makeup; 30 TAC §122.143(4), FOP Number O-01868, Special Terms and Conditions
Number 3A(iii), and THSC, §382.085(b), by failing to conduct annual opacity
observations of stationary vents; 30 TAC §117.313(a) and THSC, §382.085(b),
by failing to monitor nitrogen oxide emissions; 30 TAC §122.143(4) and §122.145(1)(C),
FOP Number O-01868, General Terms and Conditions, and THSC, §382.085(b),
by failing to submit a semiannual report; 30 TAC §117.319(a)(2) and §122.143(4),
FOP Number O-01868, Special Terms and Conditions Number 1A, and THSC, §382.085(b),
by failing to submit a copy of the CEMS performance evaluation; 30 TAC §111.111(a)(4)(A)(ii)
and THSC, §382.085(b), by failing to record a minimum of 98% of the daily
flare observations; 30 TAC §115.216(3)(A) and THSC, §382.085(b),
by failing to maintain a complete daily loading/unloading record; 30 TAC §113.3050
and THSC, §382.085(b), by failing to monitor pumps monthly; 30 TAC §§113.3050,
115.352(2), and 116.115(c), Permit Number 1302, Special Condition Number 5H,
and THSC, §382.085(b), by failing to repair two fugitive components;
30 TAC §116.115(c), Permit Number 1303, Special Condition Number 9E,
and THSC, §382.085(b), by failing to properly document ammonia nitrogen
leaks; 30 TAC §116.115(b)(2)(F) and (c), Permit Number 1302, SC Number
1, and THSC, §382.085(b), by failing to maintain an emission rate below
the maximum allowable emission limit of 24 pounds per hour of VOCs; PENALTY:
$120,666; Supplemental Environmental Project (SEP) offset amount of $48,266
applied to Jefferson County-Southeast Texas Regional Air Monitoring Network;
ENFORCEMENT COORDINATOR: Jorge Ibarra, (817) 588-5800; REGIONAL OFFICE: 3870
Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.
(16) COMPANY: Tuan Nguyen dba Key Dry Cleaner; DOCKET NUMBER: 2006-1358-DCL-E;
IDENTIFIER: RN104952049; LOCATION: Houston, Harris County, Texas; TYPE OF
FACILITY: dry cleaning drop station; RULE VIOLATED: 30 TAC §337.10(a)
and THSC, §374.102, by failing to complete and submit the required registration
form; PENALTY: $889; ENFORCEMENT COORDINATOR: Deana Holland, (512) 239-2504;
REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(17) COMPANY: Love’s Travel Stops & Country Stores, Inc. dba
Love’s Country Store 214; DOCKET NUMBER: 2006-2041-AIR-E; IDENTIFIER:
RN102879442; LOCATION: El Paso, El Paso County, Texas; TYPE OF FACILITY: convenience
store with retail sales of gasoline; RULE VIOLATED: 30 TAC §114.100(a)
and THSC, §382.085(b), by failing to comply with the minimum 2.7% by
weight, oxygenated fuel requirement for motor vehicle fuel; PENALTY: $2,000;
ENFORCEMENT COORDINATOR: Harvey Wilson, (512) 239-0321; REGIONAL OFFICE: 401
East Franklin Avenue, Suite 560, El Paso, Texas 79901-1206, (915) 834-4949.
(18) COMPANY: Tim O’Brien dba O’Brien’s Restaurant; DOCKET
NUMBER: 2007-0049-PWS-E; IDENTIFIER: RN104189303; LOCATION: Bergheim, Kendall
County, Texas; TYPE OF FACILITY: restaurant with public water supply; RULE
VIOLATED: 30 TAC §290.39(h)(1) and §290.46(a), by failing to submit
water system plans and specifications prepared by a licensed, professional
engineer; PENALTY: $726; ENFORCEMENT COORDINATOR: Rebecca Clausewitz, (210)
490-3096; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 77703-1892,
(210) 490-3096.
(19) COMPANY: City of Panorama Village; DOCKET NUMBER: 2006-2057-MWD-E;
IDENTIFIER: RN102178183; LOCATION: Montgomery County, Texas; TYPE OF FACILITY:
water reclamation plant; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit
Number 11097001, Effluent Limitations and Monitoring Requirements Number 1,
and the Code, §26.121(a), by failing to comply with the permitted effluent
limits; PENALTY: $3,000; ENFORCEMENT COORDINATOR: Samuel Short, (512) 239-5363;
REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(20) COMPANY: City of Rio Grande City; DOCKET NUMBER: 2007-0171-WQ-E; IDENTIFIER:
RN102777661; LOCATION: Starr County, Texas; TYPE OF FACILITY: stormwater;
RULE VIOLATED: 30 TAC §281.25(a)(4), by failing to obtain a multi-sector
general permit; PENALTY: $875; ENFORCEMENT COORDINATOR: Melissa Keller, (512)
239-1768; REGIONAL OFFICE: 1804 West Jefferson Avenue, Harlingen, Texas 78550-5247.
(21) COMPANY: Sabine Mud-Logging, Inc.; DOCKET NUMBER: 2006-1737-MLM-E;
IDENTIFIER: RN105005607; LOCATION: Carthage, Panola County, Texas; TYPE OF
FACILITY: unauthorized landfill; RULE VIOLATED: 30 TAC §330.15, by failing
to properly dispose of municipal solid waste; 30 TAC §111.201 and THSC, §382.085(b),
by failing to prevent unauthorized outdoor burning; and 30 TAC §328.23(a),
by failing to properly collect and manage used oil filters; PENALTY: $5,625;
ENFORCEMENT COORDINATOR: Audra Ruble, (361) 825-3100; REGIONAL OFFICE: 2916
Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.
(22) COMPANY: City of Stratford; DOCKET NUMBER: 2006-2023-MSW-E; IDENTIFIER:
RN102328374; LOCATION: Stratford, Sherman County, Texas; TYPE OF FACILITY:
type V municipal solid waste (MSW) transfer station; RULE VIOLATED: 30 TAC §330.15(c),
by failing to dispose of MSW at an authorized facility; PENALTY: $1,000; ENFORCEMENT
COORDINATOR: Dana Shuler, (512) 239-2505; REGIONAL OFFICE: 3918 Canyon Drive,
Amarillo, Texas 79109-4933, (806) 353-9251.
(23) COMPANY: Kim Oanh T. Nguyen dba US DC Alterations and Shoe Repair;
DOCKET NUMBER: 2006-1618-DCL-E; IDENTIFIER: RN104992151; LOCATION: Houston,
Harris County, Texas; TYPE OF FACILITY: dry cleaner drop station; RULE VIOLATED:
30 TAC §337.10(a) and THSC, §374.102, by failing to complete and
submit the required registration form; PENALTY: $1,185; ENFORCEMENT COORDINATOR:
Suzanne Walrath, (512) 239-2134; REGIONAL OFFICE: 5425 Polk Avenue, Suite
H, Houston, Texas 77023-1486, (713) 767-3500.
(24) COMPANY: Tuan Ngoc Do dba Xpress Mart; DOCKET NUMBER: 2006-1912-PST-E;
IDENTIFIER: RN102236551; LOCATION: Arlington, Tarrant County, Texas; TYPE
OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED:
30 TAC §334.50(b)(1)(A) and the Code, §26.3475(c)(1), by failing
to ensure that all underground storage tanks (USTs) are monitored in a manner
which will detect a release; 30 TAC §334.10(b), by failing to have the
required UST records maintained, readily accessible, and available for inspection;
and 30 TAC §334.51(a)(6) and the Code, §26.3475(c)(2), by failing
to ensure that all spill and overfill prevention devices are maintained in
good operating condition and that such devices are inspected and serviced
in accordance with the manufacturers’ specifications; PENALTY: $4,815;
ENFORCEMENT COORDINATOR: Judy Kluge, (817) 588-5800; REGIONAL OFFICE: 2301
Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
TRD-200700624
Mary Risner
Director, Litigation Division
Texas Commission on Environmental Quality
Filed: February 20, 2007
An agreed order was entered regarding Salwa, Inc. dba Cypress Plaza 1,
Docket No. 2002-1013-PST-E on February 8, 2007 assessing $14,000 in administrative
penalties.
Information concerning any aspect of this order may be obtained by contacting
Shannon Strong, Staff Attorney at (512) 239-0972, Texas Commission on Environmental
Quality, P.O. Box 13087, Austin, Texas 78711-3087.
A default order was entered regarding Liaqat Hussain dba Huffman Gas &
Grocery, Docket No. 2003-0933-PST-E on February 8, 2007 assessing $3,210 in
administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Rachael Gaines, Staff Attorney at (512) 239-0078, Texas Commission on Environmental
Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Scott Hewitt dba Scott Hewitt Broiler
Farm, Docket No. 2004-0459-AIR-E on February 8, 2007 assessing $6,500 in administrative
penalties.
Information concerning any aspect of this order may be obtained by contacting
Kari Gilbreth, Staff Attorney at (512) 239-1320, Texas Commission on Environmental
Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding P & S Stone, Inc. dba P &
S Stone TD Williams, Docket No. 2004-0937-WQ-E on February 8, 2007 assessing
$6,000 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Deanna Sigman, Staff Attorney at (512) 239-0619, Texas Commission on Environmental
Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding William R. Leo dba Leo's Food Mart
3, Docket No. 2004-1336-PST-E on February 8, 2007 assessing $2,100 in administrative
penalties.
Information concerning any aspect of this order may be obtained by contacting
Shannon Strong, Staff Attorney at (512) 239-0972, Texas Commission on Environmental
Quality, P.O. Box 13087, Austin, Texas 78711-3087.
A default order was entered regarding Continental Land Owners Association,
Inc., Docket No. 2005-0301-PWS-E on February 8, 2007 assessing $5,038 in administrative
penalties.
Information concerning any aspect of this order may be obtained by contacting
Laurencia Fasoyiro, Staff Attorney at (713) 422-8914, Texas Commission on
Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Mickey Koonsman dba Tex Hess 3 Way
Store and Karen Koonsman dba Tex Hess 3 Way Store, Docket No. 2005-0809-PST-E
on February 8, 2007 assessing $6,840 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Robert Mosley, Staff Attorney at (512) 239-0627, Texas Commission on Environmental
Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Jubilant Services, Inc. dba RJN Food
Mart, Docket No. 2005-1849-PST-E on February 8, 2007 assessing $9,500 in administrative
penalties.
Information concerning any aspect of this order may be obtained by contacting
Rachael Gaines, Staff Attorney at (512) 239-0078, Texas Commission on Environmental
Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Brazos Bend Home & Ranch, Inc.,
Docket No. 2005-2085-PWS-E on February 8, 2007 assessing $3,823 in administrative
penalties.
Information concerning any aspect of this order may be obtained by contacting
Deanna Sigman, Staff Attorney at (512) 239-0619, Texas Commission on Environmental
Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding The Goodyear Tire & Rubber Company,
Docket No. 2006-0108-AIR-E on February 8, 2007 assessing $4,075 in administrative
penalties.
Information concerning any aspect of this order may be obtained by contacting
Shana Horton, Staff Attorney at (512) 239-1088, Texas Commission on Environmental
Quality, P.O. Box 13087, Austin, Texas 78711-3087.
A default order was entered regarding Dapino Watters dab Krystal Mart,
Docket No. 2006-0214-PST-E on February 8, 2007 assessing $12,500 in administrative
penalties.
Information concerning any aspect of this order may be obtained by contacting
Lena Roberts, Staff Attorney at (512) 239-0019, Texas Commission on Environmental
Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Equistar Chemicals, LP, Docket No.
2006-0340-AIR-E on February 8, 2007 assessing $64,100 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Kathleen Decker, Staff Attorney at (512) 239-6500, Texas Commission on Environmental
Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Adventure Camp, Inc. dba Y.O. Adventure
Camp, Docket No. 2006-0520-PWS-E on February 8, 2007 assessing $8,798 in administrative
penalties.
Information concerning any aspect of this order may be obtained by contacting
Deanna Sigman, Staff Attorney at (512) 239-0619, Texas Commission on Environmental
Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Eloina G. Torres dba Royal Cleaners,
Docket No. 2006-0649-DCL-E on February 8, 2007 assessing $1,185 in administrative
penalties with $237 deferred.
Information concerning any aspect of this order may be obtained by contacting
Rajesh Acharya, Enforcement Coordinator at (512) 239-0577, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Pasadena Refining System, Inc., Docket
No. 2006-0664-AIR-E on February 8, 2007 assessing $14,364 in administrative
penalties with $2,873 deferred.
Information concerning any aspect of this order may be obtained by contacting
Sherronda Martin, Enforcement Coordinator at (713) 767-3680, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Amarillo Village Cleaners, Inc.,
Docket No. 2006-0694-DCL-E on February 8, 2007 assessing $1,067 in administrative
penalties.
Information concerning any aspect of this order may be obtained by contacting
Shana Horton, Staff Attorney at (512) 239-1088, Texas Commission on Environmental
Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Paul Mauricio & Sons, Inc. dba
Snow White Cleaners No. 15, dba Snow White Cleaners No. 27, dba Zip Cleaners
No. 6, dba Snow White Cleaners No. 24, dba Snow White Cleaners No. 1, dba
Snow White Cleaners No. 12, dba Sudden Cleaners No. 10, dba Sudden Cleaners
No. 1, dba Zip Cleaners No. 1, dba Snow White Cleaners No. 9, and dba Snow
White Cleaners No. 23, Docket No. 2006-0716-DCL-E on February 8, 2007 assessing
$8,745 in administrative penalties with $1,749 deferred.
Information concerning any aspect of this order may be obtained by contacting
Cari-Michel La Caille, Enforcement Coordinator at (512) 239-1387, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Aqua Utilities, Inc. dba Aqua Texas,
Inc., Docket No. 2006-0775-MWD-E on February 8, 2007 assessing $24,750 in
administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Ruben Soto, Enforcement Coordinator at (512) 239-4571, Texas Commission on
Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Citgo Products Pipeline Company,
Docket No. 2006-0803-AIR-E on February 8, 2007 assessing $3,150 in administrative
penalties with $630 deferred.
Information concerning any aspect of this order may be obtained by contacting
Terry Murphy, Enforcement Coordinator at (512) 239-5025, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Kahler Homes Ltd., Docket No. 2006-0810-WQ-E
on February 8, 2007 assessing $1,350 in administrative penalties with $270
deferred.
Information concerning any aspect of this order may be obtained by contacting
Ruben Soto, Enforcement Coordinator at (512) 239-4571, Texas Commission on
Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding City of Crockett, Docket No. 2006-0864-MWD-E
on February 8, 2007 assessing $5,310 in administrative penalties with $1,062
deferred.
Information concerning any aspect of this order may be obtained by contacting
Ruben Soto, Enforcement Coordinator at (512) 239-4571, Texas Commission on
Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding RLY Cleaners, L.L.C. dba Metro Cleaners,
Docket No. 2006-0868-DCL-E on February 8, 2007 assessing $474 in administrative
penalties with $96 deferred.
Information concerning any aspect of this order may be obtained by contacting
Rajesh Acharya, Enforcement Coordinator at (512) 239-0577, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Hoa Bui Enterprises, Inc. dba Mpress
Cleaners, Docket No. 2006-0869-DCL-E on February 8, 2007 assessing $1,185
in administrative penalties with $237 deferred.
Information concerning any aspect of this order may be obtained by contacting
Rajesh Acharya, Enforcement Coordinator at (512) 239-0577, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Stanley Huber dba Huber Gardens Estates,
Docket No. 2006-0879-PWS-E on February 8, 2007 assessing $1,488 in administrative
penalties.
Information concerning any aspect of this order may be obtained by contacting
Yuliya Dunaway, Enforcement Coordinator at (210) 403-4077, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Asifa Shoaib dba Tip Top Cleaners,
Docket No. 2006-0939-DCL-E on February 8, 2007 assessing $889 in administrative
penalties with $178 deferred.
Information concerning any aspect of this order may be obtained by contacting
Audra Ruble, Enforcement Coordinator at (361) 825-3126, Texas Commission on
Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Jose Valenzuela dba The New Lone
Star Cleaners, Docket No. 2006-0963-DCL-E on February 8, 2007 assessing $889
in administrative penalties with $178 deferred.
Information concerning any aspect of this order may be obtained by contacting
Cari-Michel La Caille, Enforcement Coordinator at (512) 239-1387, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Anthony Forest Products Company,
Docket No. 2006-0976-AIR-E on February 8, 2007 assessing $5,000 in administrative
penalties with $1,000 deferred.
Information concerning any aspect of this order may be obtained by contacting
Bryan Elliott, Enforcement Coordinator at (512) 239-6162, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Orange Crush Recyclers, Ltd., Docket
No. 2006-0977-AIR-E on February 8, 2007 assessing $16,720 in administrative
penalties with $3,344 deferred.
Information concerning any aspect of this order may be obtained by contacting
Jason Kemp, Enforcement Coordinator at (512) 239-5610, Texas Commission on
Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Peter Xac dba Lucky Store, Docket
No. 2006-1002-PST-E on February 8, 2007 assessing $5,000 in administrative
penalties with $1,000 deferred.
Information concerning any aspect of this order may be obtained by contacting
Audra Ruble, Enforcement Coordinator at (361) 825-3126, Texas Commission on
Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Bolton Brite Way Cleaners, Inc.,
Docket No. 2006-1006-DCL-E on February 8, 2007 assessing $12,031 in administrative
penalties with $2,409 deferred.
Information concerning any aspect of this order may be obtained by contacting
Shontay Wilcher, Enforcement Coordinator at (512) 239-2136, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Teresa Pate dba Matties Place, Docket
No. 2006-1025-PWS-E on February 8, 2007 assessing $2,010 in administrative
penalties.
Information concerning any aspect of this order may be obtained by contacting
Epifanio Villareal, Enforcement Coordinator at (210) 403-4033, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Randy Bixby dba Out on a Limb, Inc.,
Docket No. 2006-1034-AIR-E on February 8, 2007 assessing $2,625 in administrative
penalties with $525 deferred.
Information concerning any aspect of this order may be obtained by contacting
Jessica Rhodes, Enforcement Coordinator at (512) 239-2879, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Kim A. Johnson dba Dry Clean Super
Center, Docket No. 2006-1055-DCL-E on February 8, 2007 assessing $1,185 in
administrative penalties with $237 deferred.
Information concerning any aspect of this order may be obtained by contacting
Audra Ruble, Enforcement Coordinator at (361) 825-3126, Texas Commission on
Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Laredo Regional Medical Center, L.P.
dba Doctors Hospital of Laredo, Docket No. 2006-1059-PST-E on February 8,
2007 assessing $4,500 in administrative penalties with $900 deferred.
Information concerning any aspect of this order may be obtained by contacting
Tom Greimel, Enforcement Coordinator at (512) 239-5690, Texas Commission on
Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Lavelle M. Jeane dba Santa Fe Cleaners,
Docket No. 2006-1110-DCL-E on February 8, 2007 assessing $1,185 in administrative
penalties with $237 deferred.
Information concerning any aspect of this order may be obtained by contacting
Cari-Michel La Caille, Enforcement Coordinator at (512) 239-1387, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Shenaz A. Hirani dba Whitex Cleaners,
Docket No. 2006-1135-DCL-E on February 8, 2007 assessing $889 in administrative
penalties with $178 deferred.
Information concerning any aspect of this order may be obtained by contacting
Suzanne Walrath, Enforcement Coordinator at (512) 239-2134, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Carlos Castillo dba Olivas Paint &
Body Shop, Docket No. 2006-1142-AIR-E on February 8, 2007 assessing $1,100
in administrative penalties with $220 deferred.
Information concerning any aspect of this order may be obtained by contacting
Trina Grieco, Enforcement Coordinator at (210) 403-4006, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Paul Allbright dba Bent Tree Cleaners,
Docket No. 2006-1156-DCL-E on February 8, 2007 assessing $1,185 in administrative
penalties with $237 deferred.
Information concerning any aspect of this order may be obtained by contacting
Tom Greimel, Enforcement Coordinator at (512) 239-5690, Texas Commission on
Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Brian Le dba 1.25 Brian Cleaners,
Docket No. 2006-1172-DCL-E on February 8, 2007 assessing $1,185 in administrative
penalties with $237 deferred.
Information concerning any aspect of this order may be obtained by contacting
Cheryl Thompson, Enforcement Coordinator at (817) 588-5886, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Young Man Rhee dba A1 Dry Cleaners,
Docket No. 2006-1207-DCL-E on February 8, 2007 assessing $1,778 in administrative
penalties with $356 deferred.
Information concerning any aspect of this order may be obtained by contacting
Libby Hogue, Enforcement Coordinator at (512) 239-1165, Texas Commission on
Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Racetrac Petroleum, Inc. dba Racetrac
501, Docket No. 2006-1218-PST-E on February 8, 2007 assessing $7,875 in administrative
penalties with $1,575 deferred.
Information concerning any aspect of this order may be obtained by contacting
Harvey Wilson, Enforcement Coordinator at (512) 239-0321, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Motiva Enterprises, LLC, Docket No.
2006-1259-AIR-E on February 8, 2007 assessing $2,500 in administrative penalties
with $500 deferred.
Information concerning any aspect of this order may be obtained by contacting
Daniel Siringi, Enforcement Coordinator at (409) 899-8799, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Jims Inc. dba Snow White Cleaners,
Docket No. 2006-1268-DCL-E on February 8, 2007 assessing $889 in administrative
penalties with $178 deferred.
Information concerning any aspect of this order may be obtained by contacting
Mike Meyer, Enforcement Coordinator at (512) 239-4492, Texas Commission on
Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Chung K Yi dba Uptown Cleaners, Docket
No. 2006-1275-DCL-E on February 8, 2007 assessing $1,185 in administrative
penalties with $237 deferred.
Information concerning any aspect of this order may be obtained by contacting
Marlin Bullard, Enforcement Coordinator at (254) 761-3038, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Wan Tae Lim dba City Cleaners, Docket
No. 2006-1282-DCL-E on February 8, 2007 assessing $889 in administrative penalties
with $178 deferred.
Information concerning any aspect of this order may be obtained by contacting
Libby Hogue, Enforcement Coordinator at (512) 239-1165, Texas Commission on
Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Bang Tieu dba Unik Cleaners and Alterations,
Docket No. 2006-1323-DCL-E on February 8, 2007 assessing $1,185 in administrative
penalties with $237 deferred.
Information concerning any aspect of this order may be obtained by contacting
Colin Barth, Enforcement Coordinator at (512) 239-0086, Texas Commission on
Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding THS Properties, L.L.C. and Pineview
Woods, L.P., Docket No. 2006-1330-WQ-E on February 8, 2007 assessing $5,600
in administrative penalties with $1,120 deferred.
Information concerning any aspect of this order may be obtained by contacting
Elvia Maske, Enforcement Coordinator at (512) 239-0789, Texas Commission on
Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Oanh Hoang Ngo dba Sharpway Cleaners,
Docket No. 2006-1342-DCL-E on February 8, 2007 assessing $1,185 in administrative
penalties with $237 deferred.
Information concerning any aspect of this order may be obtained by contacting
Alison Echlin, Enforcement Coordinator at (512) 239-3308, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Tom Pham dba T&C Specialty Cleaners,
Docket No. 2006-1373-DCL-E on February 8, 2007 assessing $1,185 in administrative
penalties with $237 deferred.
Information concerning any aspect of this order may be obtained by contacting
Alison Echlin, Enforcement Coordinator at (512) 239-3308, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding George's Cleaners, Inc. dba Community
Cleaners, Docket No. 2006-1404-DCL-E on February 8, 2007 assessing $1,185
in administrative penalties with $237 deferred.
Information concerning any aspect of this order may be obtained by contacting
Cheryl Thompson, Enforcement Coordinator at (817) 588-5886, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding VNP, Inc. dba Greg's Cleaners, Docket
No. 2006-1419-DCL-E on February 8, 2007 assessing $770 in administrative penalties
with $154 deferred.
Information concerning any aspect of this order may be obtained by contacting
Suzanne Walrath, Enforcement Coordinator at (512) 239-2134, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Expert Cleaners, Inc. dba Pro Cleaners,
Docket No. 2006-1456-DCL-E on February 8, 2007 assessing $889 in administrative
penalties with $178 deferred.
Information concerning any aspect of this order may be obtained by contacting
Deana Holland, Enforcement Coordinator at (512) 239-2504, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Kyong Allin dba Sassy Cleaners, Docket
No. 2006-1481-DCL-E on February 8, 2007 assessing $117 in administrative penalties
with $23 deferred.
Information concerning any aspect of this order may be obtained by contacting
Judy Kluge, Enforcement Coordinator at (817) 588-5825, Texas Commission on
Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Joy International Corporation dba
Dry Clean 150, Docket No. 2006-1496-DCL-E on February 8, 2007 assessing $932
in administrative penalties with $187 deferred.
Information concerning any aspect of this order may be obtained by contacting
Alison Echlin, Enforcement Coordinator at (512) 239-3308, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Sun Kun Ziegler dba Heights Cleaners,
Docket No. 2006-1500-DCL-E on February 8, 2007 assessing $889 in administrative
penalties with $178 deferred.
Information concerning any aspect of this order may be obtained by contacting
Jason Godeaux, Enforcement Coordinator at (512) 239-2541, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
A field citation was entered regarding Maria Rosales dba Salvatex Used
Auto Parts, Docket No. 2006-1531-WQ-E on February 8, 2007 assessing $875 in
administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Steven Lopez, Enforcement Coordinator at (512) 239-1896, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
A field citation was entered regarding K & R Fuel Centers, Inc. dba
Travel Plaza, Docket No. 2006-1538-PST-E on February 8, 2007 assessing $1,750
in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Steven Lopez, Enforcement Coordinator at (512) 239-1896, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Camelot Custom Homes, Inc., Docket
No. 2006-1570-WQ-E on February 8, 2007 assessing $750 in administrative penalties
with $150 deferred.
Information concerning any aspect of this order may be obtained by contacting
Yuliya Dunaway, Enforcement Coordinator at (210) 403-4077, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Masters Resources, LLC, Docket No.
2006-1575-AIR-E on February 8, 2007 assessing $4,125 in administrative penalties
with $825 deferred.
Information concerning any aspect of this order may be obtained by contacting
Rebecca Johnson, Enforcement Coordinator at (713) 422-8931, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Ram Leather Care of San Antonio,
Inc. dba Ram Leather Care, Docket No. 2006-1603-DCL-E on February 8, 2007
assessing $889 in administrative penalties with $178 deferred.
Information concerning any aspect of this order may be obtained by contacting
Jorge Ibarra, Enforcement Coordinator at (817) 588-5890, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Custer Cleaners LLC dba Dry Clean
City, Docket No. 2006-1636-DCL-E on February 8, 2007 assessing $311 in administrative
penalties with $62 deferred.
Information concerning any aspect of this order may be obtained by contacting
Cari-Michel La Caille, Enforcement Coordinator at (512) 239-1387, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding C & D Yun Corporation dba Sky
Town & Country Cleaners, Docket No. 2006-1639-DCL-E on February 8, 2007
assessing $889 in administrative penalties with $178 deferred.
Information concerning any aspect of this order may be obtained by contacting
Samuel Short, Enforcement Coordinator at (512) 239-5363, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Nizarali Ali Bhai Dhuka dba Texas
A 1 Cleaners, Docket No. 2006-1658-DCL-E on February 8, 2007 assessing $889
in administrative penalties with $178 deferred.
Information concerning any aspect of this order may be obtained by contacting
Samuel Short, Enforcement Coordinator at (512) 239-5363, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Trishla, Inc. dba A-1 Dry Cleaners,
Docket No. 2006-1672-DCL-E on February 8, 2007 assessing $1,185 in administrative
penalties with $237 deferred.
Information concerning any aspect of this order may be obtained by contacting
Cheryl Thompson, Enforcement Coordinator at (817) 588-5886, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
A field citation was entered regarding Gentek Investments, Inc. dba Rowdy's,
Docket No. 2006-1754-PST-E on February 8, 2007 assessing $875 in administrative
penalties.
Information concerning any aspect of this order may be obtained by contacting
Steven Lopez, Enforcement Coordinator at (512) 239-1896, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
A field citation was entered regarding Best Texan Inc. dba 105 Food Mart,
Docket No. 2006-1895-PST-E on February 8, 2007 assessing $875 in administrative
penalties.
Information concerning any aspect of this order may be obtained by contacting
Steven Lopez, Enforcement Coordinator at (512) 239-1896, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
A field citation was entered regarding North Texas Super Save LP dba Burrus
IGA Supermarket, Docket No. 2006-2089-PST-E on February 8, 2007 assessing
$1,750 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Steven Lopez, Enforcement Coordinator at (512) 239-1896, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
A field citation was entered regarding Mohammad Omair dba JRS Quick Stop,
Docket No. 2006-2160-PST-E on February 8, 2007 assessing $1,750 in administrative
penalties.
Information concerning any aspect of this order may be obtained by contacting
Steven Lopez, Enforcement Coordinator at (512) 239-1896, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
TRD-200700684
LaDonna Castañuela
Chief Clerk
Texas Commission on Environmental Quality
Filed: February 21, 2007
AGENCIES: Texas Commission on Environmental Quality (TCEQ), Texas Parks
and Wildlife Department (TPWD), Texas General Land Office (GLO), United States
Department of the Interior (DOI), and National Oceanic and Atmospheric Administration
(NOAA) (collectively the Trustees).
ACTION: Notice of availability of a proposed Settlement Agreement and Draft
Restoration Plan and Environmental Assessment for ecological injuries and
service losses associated with the Palmer Barge Superfund Site in Jefferson
County, Texas, the Federal Consistency Determination for this Plan under the
Texas Coastal Management Program, and of a 30-day period for public comment
on the Settlement Agreement, the Draft Restoration Plan and Environmental
Assessment, and the Federal Consistency Determination beginning March 2, 2007.
SUMMARY: Notice is hereby given that a proposed Settlement Agreement in
resolution of the Natural Resource Trustees' claim for natural resource damages
(Agreement) associated with the Palmer Barge Superfund Site, the "Draft Restoration
Plan and Environmental Assessment for the Palmer Barge Waste Site, Port Arthur,
Jefferson County, Texas" (Draft RP/EA), and the Federal Consistency Determination
with the Texas Coastal Management Program (CMP) related to the activities
outlined in the Draft RP/EA are available for public review and comment.
These documents have been prepared by the state and federal Natural Resource
Trustees to address natural resource injuries and resource service losses
of an ecological nature attributable to releases of hazardous substances from
the Palmer Barge Waste Site (the Site) located in Port Arthur, Jefferson County,
Texas. The Natural Resource Trustees have reached a proposed agreement with
E.I. du Pont de Nemours and Company, Texaco Inc., Ashland Inc., and Kirby
Inland Marine to resolve their liability under the Comprehensive Environmental
Response, Compensation, and Liability Act (CERCLA) for damages to natural
resources resulting from releases of hazardous substances from the Site. The
Draft RP/EA presents the Trustees' assessment of the natural resource injuries
and service losses attributable to the Site and their proposed plan to compensate
for those losses by restoring ecological resources and services. The Trustees
will consider input received during the public comment period before finalizing
the RP/EA.
The Federal Consistency Determination for this Draft RP/EA outlines the
basis for NOAA's and DOI's determinations that the restoration actions described
in the Draft RP/EA are consistent to the maximum extent possible, and will
be undertaken in a manner consistent with, the applicable policies of the
CMP. Under federal law, actions and activities undertaken by a federal agency
which affect the Texas coastal zone must be consistent with the goals and
policies of the CMP identified in 31 Texas Administrative Code (TAC) Chapter
501. Under 31 TAC §506.2(c), a determination of consistency with the
CMP must be made by the federal Trustees for natural resource damage assessment
and restoration plans that are the product of a joint cooperative natural
resource damage assessment by state and federal Trustees. Review of the Federal
Consistency Determination is delegated to the state Trustee agencies (TCEQ,
TPWD and the GLO). The state Trustees will consider all comments received
during the public comment period in their evaluation of the Federal Consistency
Determination for the Draft RP/EA and will, depending on the comments received,
submit a letter of concurrence to the federal Trustees.
To receive a copy of the proposed Agreement, Draft RP/EA, and/or the Federal
Consistency Determination with the CMP, interested members of the public are
invited to contact Richard Seiler at the Texas Commission on Environmental
Quality, Remediation Division, MC 225, P.O. Box 13087, Austin, Texas 78711-3087,
(512) 239-2523 (phone) or (512) 239-4814 (fax).
DATES: Comments must be submitted in writing on or before March 31, 2007,
to Richard Seiler of the TCEQ at the address listed in the previous paragraph.
The Trustees will consider all written comments prior to finalizing the RP/EA
and completing their review of the Federal Consistency Determination.
SUPPLEMENTARY INFORMATION: The Site consists of approximately 17 acres
located 4.5 miles northeast of the city of Port Arthur in Jefferson County
along Ferry (or Old Yacht Club) Road on Pleasure Islet, approximately one-half
mile southwest of the confluence of the Neches River and the Sabine-Neches
Ship Channel. The Site is bordered by the State Marine Superfund site to the
south, Sabine Lake to the east, Old Yacht Club Road to the West, and vacant
property to the north.
The Site was originally used as a municipal landfill for the City of Port
Arthur, which operated the landfill from 1956 until the mid-1980s. In 1982,
the city of Port Arthur sold the property and it was subsequently used as
a marine barge cleaning operation (Palmer Barge Marine) from 1982 until 1997.
Operations performed at the Site included cleaning, degassing, maintenance,
and inspection of barges and marine equipment. A flare was located on site
to burn excess gasses and liquids produced during the facility operations,
in addition to multiple aboveground storage tanks. In July 1997, Palmer Barge
Line was purchased and operations on the property ceased. Currently the Site
is owned by a private individual who is redeveloping it as an industrial property.
In 1996, the TCEQ (then known as the Texas Natural Resource Conservation
Commission, or TNRCC) conducted a multi-media inspection of the Site which
identified large areas of contamination on Site soils. These findings triggered
further investigation by both the U.S. Environmental Protection Agency (EPA)
and TCEQ. In 1996, an expanded site inspection (ESI) was performed for the
purpose of evaluating the nature and extent of on-site and off-site contamination
and evaluating the environmental fate of the contaminants. This evaluation
indicated the presence of both organic and inorganic contaminants in Site
soils and in the shallow near-shore sediments of Sabine Lake. Semi-volatile
contaminants of concern identified at the Site include acenaphthylene, anthracene,
benzo(a)pyrene, chrysene, and fluoranthene. There were also numerous pesticides
and polychlorinated biphenyls detected in the Site soil samples. Elevated
levels of inorganic contaminants included chromium, copper, lead, and zinc.
The Site was placed on the National Priorities List (Superfund) on July
27, 2000, and the EPA authorized an emergency removal action for reduction
of on-site contamination in August 2000. Removal activities included removal
of wastes, wastewater treatment, and sludge stabilization. A Remedial Investigation
(RI) was performed at the Site pursuant to an Administrative Order on Consent
signed by the EPA and the Settling Parties in 2002, and based on information
developed in the RI, a Record of Decision (ROD) for the Site was signed on
September 30, 2005. The ROD requires the excavation of approximately 1,204
cubic yards of soil which exceeded risk-based levels, backfilling of excavated
areas with clean soil, and off-site disposal of excavated soils at a permitted
disposal facility. Existing aboveground storage tanks will be demolished and
removed. As planned, and when implemented, the remedy selected to address
the contamination at the Site is expected to protect natural resources in
the vicinity of the Site from further or future injury.
The Trustees are designated natural resource trustees under CERCLA, §107(f),
Federal Water Pollution and Control Act, §311, 33 United States Code, §1321,
and other applicable federal or state laws, including Subpart G of the National
Oil and Hazardous Substances Pollution Contingency Plan, 40 Code of Federal
Regulations §§300.600 - 300.615. The Trustees are authorized to
act on behalf of the public under these authorities to protect and restore
natural resources injured or lost as a result of discharges or releases of
hazardous substances.
Paralleling the remedial investigations at the Site, the Trustees worked
cooperatively with E.I. du Pont de Nemours and Company, Texaco Inc., Ashland
Inc, and Kirby Inland Marine, L.P., to evaluate natural resource injuries
and ecological service losses resulting from releases of hazardous substances
to areas at or adjacent to the Site. The Trustees' evaluation focused on natural
resource injuries or service losses of an ecological nature caused by hazardous
substances at the Site based on known contamination and anticipated remedial
actions. As a result of this assessment, the Trustees determined that hazardous
substances (including semi-volatile organic compounds, polycyclic aromatic
hydrocarbons, polychlorinated biphenyls, pesticides, and metals) were available
in the sediments and injury to ecological habitat of approximately 7.55 acres
had occurred.
The Draft RP/EA identifies the information and methods used to define the
natural resource injuries and losses of an ecological nature, including the
scale of restoration actions, and identifies the restoration actions which
are preferred to restore, replace, or acquire resources or services equivalent
to those lost.
For further information, contact Richard Seiler at (512) 239-2523, e-mail: rseiler@tceq.state.tx.us.
TRD-200700688
Mary Risner
Director, Litigation Division
Texas Commission on Environmental Quality
Filed: February 21, 2007
The executive director (ED) of the Texas Commission on Environmental Quality
(TCEQ or commission) is issuing this notice of deletion of the PolyCycle Industries
Inc. state Superfund site located in Jacksonville, Cherokee County, Texas,
from its proposed-for-listing status on the state registry. The state registry
lists the contaminated sites which may constitute an imminent and substantial
endangerment to public health and safety or the environment due to a release
or threatened release of hazardous substances into the environment.
The Site was originally proposed for listing on the state registry in the
December 5, 2003, edition of the
Texas Register
(28
TexReg 11012). The Site, including all land, structures, appurtenances, and
other improvements, is approximately seven acres located at 2505 South Jackson
Street, Jacksonville, Cherokee County, Texas. In addition, the Site included
any areas where hazardous substances came to be located as a result, either
directly or indirectly, of releases of hazardous substances from the Site.
PolyCycle Industries Inc. (PCI) recycled lead from lead acid batteries
and casings at the Site from 1978 to 1983. Sulfuric acid was drained from
the batteries and lead plates were removed. The sulfuric acid was sent to
a hazardous waste disposal firm and the lead plates were sold to a smelter.
The lead battery casings were ground and washed in four unlined surface impoundments
to remove lead and lead sulfate. The chips were skimmed from the surface impoundments
and sold to plastic recyclers. The lead and lead sulfate sediments on the
bottoms of the impoundments were sold to a lead smelter. As a result of these
operations the Site soil was contaminated with lead. At a public meeting on
January 15, 2004, the TCEQ proposed to clean up the site to a commercial/industrial
clean up level.
The TCEQ conducted a Remedial Investigation (RI), during which extensive
soil and groundwater samples were analyzed. Soil analysis showed three locations
where lead concentrations were above the Protective Concentration Level (PCL)
for the commercial/industrial PCL of 1,600 parts per million. A groundwater
sample with a beryllium concentration above the PCL of 4 parts per billion
was also found. To prevent future migration of contaminate to groundwater
the TCEQ conducted a removal action at the Site. The three Site locations
where lead concentrations were above the PCL and the area where beryllium
in the groundwater was above the PCL, were excavated and the waste materials
were disposed of in permitted landfills. The Site was cleaned up to industrial/commercial
standards.
In accordance with Title 30 of the Texas Administrative Code (TAC), §335.344(b),
the commission held a public meeting to receive comments regarding the intended
deletion of the Site on January 25, 2007, at the Jacksonville Public Library.
The complete public file, including a transcript of the public meeting, may
be viewed during regular business hours at the commission’s Records
Management Center, Records Customer Service, Building E, First Floor, 12100
Park 35 Circle, MC 199, Austin, Texas 78753, telephone numbers (800) 633-9363
or (512) 239-2920. Fees are charged for photocopying file information.
Pursuant to Title 30 of the Texas Administrative Code (TAC), §335.344(c),
the ED has determined that due to the removal actions that have been performed,
the Site no longer presents an imminent and substantial endangerment to public
health and safety or the environment. In accordance with Texas Health and
Safety Code, §361.188(d), a notice will be filed in the real property
records of Cherokee County, Texas, stating that the Site has been deleted
from the state registry.
All inquiries regarding the deletion of the Site should be directed to
Mr. Bruce McAnally, Community Relations, telephone numbers (800) 633-9363
or (512) 239-2141.
TRD-200700622
Mary Risner
Director, Litigation Division
Texas Commission on Environmental Quality
Filed: February 20, 2007
Notices issued February 15, 2007.
Texas Commission on Environmental Quality (TCEQ) Internal Control No. 01292007-D03;
GR-M1, Ltd. (Petitioner) filed a petition for creation of Brazoria County
Municipal Utility District No. 57 (District) with the TCEQ. The petition was
filed pursuant to Article XVI, Section 59 of the Constitution of the State
of Texas; Chapters 49 and 54 of the Texas Water Code (TWC); 30 Texas Administrative
Code (TAC) Chapter 293; and the procedural rules of the TCEQ. The petition
states the following: (1) the Petitioner is the owner of a majority in value
of the land to be included in the proposed District; (2) there are no lien
holders on the property to be included in the proposed District; (3) the proposed
District will contain approximately 447.47 acres located within Brazoria County,
Texas; and (4) the proposed District is within the corporate boundaries of
the City of Manvel, Texas, and no portion of land within the proposed District
is within the corporate limits or extraterritorial jurisdiction of any other
city, town or village in Texas. By Resolution No. 2007-R-03, effective January
8, 2007, the City of Manvel, Texas, gave its consent to the creation of the
proposed District. According to the petition, the Petitioner has conducted
a preliminary investigation to determine the cost of the project and from
the information available at the time, the cost of the project is estimated
to be approximately $17,040,000.
TCEQ Internal Control No. 01292007-D04; GR-M1, Ltd. (Petitioner) filed
a petition for creation of Brazoria County Municipal Utility District No.
58 (District) with the TCEQ. The petition was filed pursuant to Article XVI,
Section 59 of the Constitution of the State of Texas; Chapters 49 and 54 of
the TWC; 30 TAC Chapter 293; and the procedural rules of the TCEQ. The petition
states the following: (1) the Petitioner is the owner of a majority in value
of the land to be included in the proposed District; (2) there are no lien
holders on the property to be included in the proposed District; (3) the proposed
District will contain approximately 343.22 acres located within Brazoria County,
Texas; and (4) the proposed District is within the corporate boundaries of
the City of Manvel, Texas, and no portion of land within the proposed District
is within the corporate limits or extraterritorial jurisdiction of any other
city, town or village in Texas. By Resolution No. 2007-R-04, effective January
8, 2007, the City of Manvel, Texas, gave its consent to the creation of the
proposed District. According to the petition, the Petitioner has conducted
a preliminary investigation to determine the cost of the project and from
the information available at the time, the cost of the project is estimated
to be approximately $17,000,000.
INFORMATION SECTION
The TCEQ may grant a contested case hearing on this petition if a written
hearing request is filed within 30 days after the newspaper publication of
this notice. To request a contested case hearing, you must submit the following:
(1) your name (or for a group or association, an official representative),
mailing address, daytime phone number, and fax number, if any; (2) the name
of the Petitioner and the TCEQ Internal Control Number; (3) the statement
"I/we request a contested case hearing;" (4) a brief description of how you
would be affected by the petition in a way not common to the general public;
and (5) the location of your property relative to the proposed District's
boundaries. You may also submit your proposed adjustments to the petition.
Requests for a contested case hearing must be submitted in writing to the
Office of the Chief Clerk at the address provided below.
The Executive Director may approve the petition unless a written request
for a contested case hearing is filed within 30 days after the newspaper publication
of this notice. If a hearing request is filed, the Executive Director will
not approve the petition and will forward the petition and hearing request
to the TCEQ Commissioners for their consideration at a scheduled Commission
meeting. If a contested case hearing is held, it will be a legal proceeding
similar to a civil trial in state district court.
Written hearing requests should be submitted to the Office of the Chief
Clerk, MC 105, TCEQ, P.O. Box 13087, Austin, Texas 78711-3087. For information
concerning the hearing process, please contact the Public Interest Counsel,
MC 103, at the same address. For additional information, individual members
of the general public may contact the Districts Review Team, at (512) 239-4691.
Si desea información en Español, puede llamar al (512) 239-0200.
General information regarding TCEQ can be found at our web site at www.tceq.state.tx.us.
TRD-200700683
LaDonna Castañuela
Chief Clerk
Texas Commission on Environmental Quality
Filed: February 21, 2007
The purpose of the meeting is to obtain public input and information concerning
proposal of the former Woodward Industries, Inc. site to the state registry
of Superfund sites, the identification of potentially responsible parties,
and to help determine the appropriate land use of the property.
The Texas Commission on Environmental Quality (TCEQ or commission) is required
under the Texas Solid Waste Disposal Act, Health and Safety Code, Chapter
361, as amended (the Act), to annually publish a state registry that identifies
facilities that may constitute an imminent and substantial endangerment to
public health and safety or the environment due to a release or threatened
release of hazardous substances into the environment. The most recent registry
listing of these facilities was published in the September 29, 2006, issue
of the
Texas Register
(31 TexReg 8265-8266).
Pursuant to §361.184(a) of the Act, the commission must publish a
notice of intent to list a facility on the state registry of state Superfund
sites in the
Texas Register
and in a newspaper
of general circulation in the county in which the Woodward Industries, Inc.
site is located. With this publication, the commission hereby gives notice
of a site that the executive director has determined is eligible for listing,
and which the executive director proposes to list on the state registry. Determination
of appropriate land use may impact the remedial investigation and remedial
action for the site. The TCEQ is gathering information on the use of the property
as the proposed land use designation and associated clean-up level will be
based on the existing land use of the property, as is prescribed in the Texas
Risk Reduction Program rule at 30 Texas Administrative Code (TAC) §350.53.
This publication also specifies the general nature of the potential endangerment
to public health and safety or the environment as determined by information
currently available to the executive director. This notice of intent to list
this site was also scheduled to be published on March 2, 2007, in the Nacogdoches Daily Sentinel.
The site proposed for listing is the former Woodward Industries, Inc. site,
located on 403 County Road 816, Nacogdoches, Nacogdoches County, Texas. The
geographic coordinates of the site are 31 degrees, 43 minutes, 26 seconds
north latitude and minus 94 degrees, 40 minutes, 56 seconds west longitude.
The description of the site is based on information available at the time
the site was evaluated with the Hazard Ranking System. The Hazard Ranking
System is the principal screening guide used by the commission to evaluate
potential, relative risk to public health and the environment from releases
or threatened releases of hazardous substances. The site description may change
as additional information is gathered on the sources and extent of contamination.
The seven-acre site is located approximately six miles north of Nacogdoches,
south of County Road 816 and Mahl, Texas. Two residential properties are located
nearby, one to the east and one west of the site.
Wood treating operations, using pentachlorophenol, were conducted at the
site in 1947 until 1982. The ownership of property changed hands several times
during this period. In 1992, Woodward Industries sold the property to Texwood,
Inc., a pallet rebuilding company. On September 30, 1996, Texwood, Inc. sold
the property to B.F. Woodward. Between 1996 and 2004 the property changed
owners three times. On April 30, 2004, Don L. and Marsha L. Shoemaker purchased
the property.
On August 8 - 9, 2005, soil samples were collected from eight locations.
One sample location was designated as the background sample location. Samples
were collected from the former wood treating site, a location east of the
former wood treating site, and from a private baseball field. The soil samples
were collected from various depth intervals from the surface to seven feet
in depth.
Sample results showed that copper, lead, mercury, and semi-volatile organic
compounds were detected below levels of health concern. Results also showed
that pentachlorophenol and dioxin/furans were detected on-site above acceptable
levels for residential property. Short term exposure to the measured levels
of the pentachlorophenol and dioxin/furans are not expected to be an immediate
health concern. However, there is the potential of adverse health effects
from long-term exposure to these constituents. Additional sampling is necessary
to determine whether the levels of pentachlorophenol and dioxin/furans are
found consistently on the residential property.
Access to the site is currently unrestricted and private recreational use
appears to be the only current usage of the site.
A public meeting will be held at 7:00 p.m. on April 5, 2007, at the Nacogdoches
County Courthouse, Commissioners Court, Suite 170, 101 Main Street, Nacogdoches,
Texas 75961. The purpose of this meeting is to obtain additional information
regarding the site relative to its eligibility for listing on the state registry,
identify additional potentially responsible parties, and obtain public input
and information regarding the appropriate use of land on which the site that
is the subject of this notice is located. The public meeting is not a contested
case hearing under the Texas Administrative Procedure Act (Texas Government
Code, Chapter 2001).
All persons desiring to make comments may do so prior to or at the public
meeting. All comments submitted prior to the public meeting must be received
by 5:00 p.m. on April 4, 2007, and should be sent in writing to Alvie L. Nichols,
Project Manager, TCEQ, Remediation Division, MC 136, P. O. Box 13087, Austin,
Texas 78711-3087 or facsimile at (512) 239-2450. The public comment period
for this action will end at the close of the public meeting on April 5, 2007.
A portion of the record for this site, including documents pertinent to
the executive director’s determination of eligibility, is available
for review at the Nacogdoches Public Library, 1112 North Street, Nacogdoches,
Texas 75961, (936) 559-2970, during regular business hours. Copies of the
complete public record file may be obtained during regular business hours
at the commission’s Records Management Center, Building E, First Floor,
Records Customer Service, 12100 Park 35 Circle, Austin, Texas 78753, (800)
633-9363 or (512) 239-2920. Photocopying of file information is subject to
payment of a fee. Parking for persons with disabilities is available on the
east side of Building D, convenient to access ramps that are between Buildings
D and E.
Information is also available regarding the state Superfund program on
the World Wide Web at
www.tceq.state.tx.us/remediation/superfund/index.html
.
Persons with disabilities who have special communication or other accommodation
needs who are planning to attend the meeting should contact the agency at
(800) 633-9363. Requests should be made as far in advance as possible.
For further information about this site or the public meeting, please call
Ms. Kelly Peavler, TCEQ Community Relations, at (800) 633-9363, extension
1352.
TRD-200700623
Mary Risner
Director, Litigation Division
Texas Commission on Environmental Quality
Filed: February 20, 2007
The following notices were issued during the period of February 15, 2007
- February 16, 2007.
The following require the applicants to publish notice in a newspaper.
Public comments, 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 THE NOTICE.
C & R WATER SUPPLY, INC. has applied for a major amendment to TPDES
Permit No. 13766-001 to authorize an increase in the discharge of treated
domestic wastewater from a daily average flow not to exceed 50,000 gallons
per day to a daily average flow not to exceed 83,000 gallons per day. The
facility is located 0.5 mile northeast of Lake Conroe Dam and 0.75 mile west
of Longmire Road in Montgomery County, Texas.
CHHOTUBHAI THAKORBHAI PATEL has applied for a renewal of TPDES Permit No.
11286-001 which authorizes the discharge of treated domestic wastewater at
a daily average flow not to exceed 25,000 gallons per day. The facility is
located approximately 1/4 mile north of the intersection of Interstate Highway
20 and State Highway 80, approximately 1 and 1/2 miles west of the intersection
of Farm-to-Market Road 1392 and State Highway 80 in Kaufman County, Texas.
FORT BEND COUNTY MUNICIPAL UTILITY DISTRICT NO. 124 has applied for a renewal
of TPDES Permit No. 14134-001, which authorizes the discharge of treated domestic
wastewater at a daily average flow not to exceed 400,000 gallons per day.
The facility is located approximately 16,000 feet southeast of the intersection
of Interstate Highway 10 and Buffalo Bayou in Fort Bend County, Texas.
FORT BEND COUNTY MUNICIPAL UTILITY DISTRICT NO. 58 has applied for a renewal
of TPDES Permit No. WQ0014520001, which authorizes the discharge of treated
domestic wastewater at a daily average flow not to exceed 900,000 gallons
per day. The facility is located northeast of the intersection of Corbitt
and Katy-Flewellen Road, approximately 3,100 feet south of Crossover and Katy-Flewellen
Road in Fort Bend County, Texas.
FORT HANCOCK WATER CONTROL AND IMPROVEMENT DISTRICT has applied for a major
amendment to Permit No. WQ0011173001 to authorize an increase in the discharge
of treated domestic wastewater from a daily average flow not to exceed 33,000
gallons per day to a daily average flow not to exceed 451,000 gallons per
day and change disposal method from land disposal to discharge into state
waters. The current permit also authorizes the disposal of treated domestic
wastewater via evaporation. The facility is located on the north side of and
adjacent to State Highway 20, approximately one mile southeast of the City
of Fort Hancock in Hudspeth County, Texas.
HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 185 has applied for a renewal
of TPDES Permit No. 12124-001, which authorizes the discharge of treated domestic
wastewater at a daily average flow not to exceed 675,000 gallons per day.
The facility is located at 5300 Addicks-Satsuma Road, approximately 5.1 miles
north of Interstate Highway 10 and approximately 1,600 feet east of State
Highway 6 in Harris County, Texas.
CITY OF KENNARD has applied for a renewal of TPDES Permit No. 11474-001,
which authorizes the discharge of treated domestic wastewater at a daily average
flow not to exceed 60,000 gallons per day. The facility is located on the
southeast side of Kennard on a 27 acre tract, on Elm Creek between Pine Prairie
Road and Farm-to-Market Road 357 in Houston County, Texas.
LATEXO INDEPENDENT SCHOOL DISTRICT has applied for a renewal of TPDES Permit
No. WQ0013780001, which authorizes the discharge of treated domestic wastewater
at a daily average flow not to exceed 7,000 gallons per day. The facility
is located approximately 1000 feet east of the intersection of U.S. Highway
287 and Farm-to-Market Road 2663 on the south side of Farm-to-Market Road
2663 at Latexo I.S.D., south of the baseball field in Houston County, Texas.
MARY ANN MOORE has applied for a renewal of TPDES Permit No. WQ0011621001,
which authorizes the discharge of treated domestic wastewater at a daily average
flow not to exceed 15,000 gallons per day. The facility is located approximately
3000 feet north of Farm-to-Market Road 2457 and approximately 12 miles northwest
of the City of Livingston on the east shore of Lake Livingston in Polk County,
Texas.
SEC Energy Products & Services, L.P. has applied for a major amendment
to TPDES Permit No. WQ0012443001 to authorize an increase in the discharge
of treated domestic wastewater from a daily average flow not to exceed 2,400
gallons per day to a daily average flow not to exceed 10,000 gallons per day.
The facility is located approximately 250 feet west of Fairbanks-North Houston
Road and approximately 0.75 mile north of Taub Road in Harris County, Texas.
CITY OF SULPHUR SPRINGS has applied for a renewal of TPDES Permit No. WQ0010372001,
which authorizes the discharge of treated domestic wastewater at an annual
average flow not to exceed 5,400,000 gallons per day. The facility is located
south of the St. Louis Southwestern Railroad approximately 7,000 feet northeast
of the intersection of Interstate Highway 30 and Farm-to-Market Road 1870
in Hopkins County, Texas.
VALERO REFINING-TEXAS, L.P. which operates a petroleum refinery, has applied
for a major amendment to TPDES Permit No. WQ0000535000 to authorize an increase
in the daily average flow from 2,150,000 gallons per day to 2,880,000 gallons
per day and increase the permit limitations at Outfall 001. The current permit
authorizes the discharge of boiler blowdown, cooling tower blowdown, treated
process wastewater and process area storm water at a daily average flow not
to exceed 2,150,000 gallons per day via Outfall 001; post-first flush storm
water runoff, steam condensate, fire water, cooling tower overspray, and heat
exchanger cooling water backwash on an intermittent and flow variable basis
via Outfall 002; uncontaminated storm water runoff, steam condensate, fire
water, and hydrostatic test water on an intermittent and flow variable basis
via Outfalls 003, 005, 006, and Outfall 007; and non-process area storm water,
steam condensate, fire water, cooling tower overspray, heat exchanger cooling
water backwash, and hydrostatic test water on an intermittent and flow variable
basis via Outfall 008. The facility is located at 9701 Manchester, 0.5 miles
east of Loop 610, one-mile north of State Highway 225, and bordered on the
north by the Houston Ship Channel, in the City of Houston, Harris County,
Texas.
The following do not require publication in a newspaper. Written comments
or requests for a public meeting may be submitted to the Office of the Chief
Clerk, at the address provided in the information section below, WITHIN 30
DAYS OF THE ISSUED DATE OF THE NOTICE.
The Texas Commission on Environmental Quality (TCEQ) has initiated a minor
amendment of the Texas Pollutant Discharge Elimination System (TPDES) permit
issued to CITY OF ANNA to correct the disinfection language from chlorination
with a detention time of at least 20 minutes based on peak flow to an Ultraviolet
Light (UV) system at Outfall 002. The existing permit authorizes the discharge
of treated domestic wastewater at a daily average flow not to exceed 250,000
gallons per day at Outfall 001 and 500,000 gallons per day at Outfall 002.
The facility is located approximately 4,000 feet west of State Highway 5 and
4,600 feet south of Farm-to-Market Road 455 in Collin County, Texas.
The TCEQ has initiated a minor amendment of the TPDES permit issued to
EVADALE WATER CONTROL AND IMPROVEMENT DISTRICT NO. 1, to correct the method
of disinfection from chlorination with a detention time of at least 20 minutes
based on peak flow to a total residence time in the wastewater treatment system
of at least 21 days, based on a daily average flow. The existing permit authorizes
the discharge of treated domestic wastewater at a daily average flow not to
exceed 160,000 gallons per day. The facility is located approximately 1,000
feet west of the intersection of State Highway 105 and Farm-to-Market Road
1131 in Jasper County, Texas.
INFORMATION SECTION
To view the complete issued notices, view the notices on our web site at
www.tceq.state.tx.us/comm_exec/cc/pub_notice.html or call the Office of the
Chief Clerk at (512) 239-3300 to obtain a copy of the complete notice. When
searching the web site, type in the issued date range shown at the top of
this document to obtain search results.
If you need more information about these permit applications or the permitting
process, please call the TCEQ Office of Public Assistance, Toll-Free, at 1-800-687-4040.
General information about the TCEQ can be found at our web site at www.tceq.state.tx.us.
Si desea información en Español, puede llamar al 1-800-687-4040.
TRD-200700681
LaDonna Castañuela
Chief Clerk
Texas Commission on Environmental Quality
Filed: February 21, 2007
Notice issued February 16, 2007.
APPLICATION NO. 12026; Broadway South Development, LC, P.O. Box 1084, Tyler,
Texas 75710, Applicant, has applied for a Water Use Permit to construct and
maintain a dam and reservoir on an unnamed tributary of West Mud Creek, Neches
River Basin for in-place recreation purposes in Smith County. The application
and partial fees were received on March 13, 2006, and additional information
and fees were received on May 8, 2006, June 14, 2006, August 24, 2006, November
17, 2006, November 26, 2006, and January 10, 2007. The application was declared
administratively complete and accepted for filing with the Office of the Chief
Clerk on January 23, 2007. Written public comments and requests for a public
meeting should be submitted to the Office of Chief Clerk, at the address provided
in the information section below, within 30 days of the date of newspaper
publication of the notice.
INFORMATION SECTION
To view the complete issued notices, view the notices on our web site at
www.tceq.state.tx.us/comm_exec/cc/pub_notice.html or call the Office of the
Chief Clerk at (512) 239-3300 to obtain a copy of the complete notice. When
searching the web site, type in the issued date range shown at the top of
this document to obtain search results.
A public meeting is intended for the taking of public comment, and is not
a contested case hearing.
The Executive Director can consider approval of an application unless a
written request for a contested case hearing is filed. To request a contested
case hearing, you must submit the following: (1) your name (or for a group
or association, an official representative), mailing address, daytime phone
number, and fax number, if any: (2) applicant's name and permit number; (3)
the statement "[I/we] request a contested case hearing;" and (4) a brief and
specific description of how you would be affected by the application in a
way not common to the general public. You may also submit any proposed conditions
to the requested application which would satisfy your concerns. Requests for
a contested case hearing must be submitted in writing to the Texas Commission
on Environmental Quality (TCEQ), Office of the Chief Clerk at the address
provided below.
If a hearing request is filed, the Executive Director will not issue the
requested permit and may forward the application and hearing request to the
TCEQ Commissioners for their consideration at a scheduled Commission meeting.
Written hearing requests, public comments or requests for a public meeting
should be submitted to the Office of the Chief Clerk, MC 105, TCEQ, P.O. Box
13087, Austin, Texas 78711-3087. For information concerning the hearing process,
please contact the Public Interest Counsel, MC 103, at the same address. For
additional information, individual members of the general public may contact
the Office of Public Assistance at 1-800-687-4040. General information regarding
the TCEQ can be found at our web site at www.tceq.state.tx.us. Si desea información
en Español, puede llamar al 1-800-687-4040.
TRD-200700682
LaDonna Castañuela
Chief Clerk
Texas Commission on Environmental Quality
Filed: February 21, 2007
The State Office of Administrative Hearings (SOAH) issued a Proposal for
Decision and Order to the Texas Commission on Environmental Quality (TCEQ)
on February 12, 2007, in the matter of the Executive Director of the TCEQ,
Petitioner v. Al Jabour dba Rivers County Villas and RV Park; SOAH Docket
No. 582-06-2366; TCEQ Docket No. 2005-1177-PWS-E.
The commission will consider the Administrative Law Judge's Proposal for
Decision and Order regarding the enforcement action against Al Jabour dba
Rivers County Villas and RV Park on a date and time to be determined by the
Office of the Chief Clerk in Room 201S of Building E, 12100 North Interstate
35, Austin, Texas.
This posting is Notice of Opportunity to Comment on the Proposal for Decision
and Order. The comment period will end 30 days from date of this publication.
Written public comments should be submitted to the Office of the Chief Clerk,
MC-105, TCEQ, P.O. Box 13087, Austin, Texas 78711-3087. If you have any questions
or need assistance, please contact Paul Munguía, Office of the Chief
Clerk, (512) 239-3300.
TRD-200700685
LaDonna Castañuela
Chief Clerk
Texas Commission on Environmental Quality
Filed: February 21, 2007
Request for Grant Applications (RFA) for the Juvenile Accountability Block Grant (JABG) Program
The Criminal Justice Division (CJD) of the Governor's Office is soliciting
statewide discretionary applications for projects that promote greater accountability
in the juvenile justice system for the state fiscal year 2008 grant cycle.
Purpose: The purpose of the JABG Program is to reduce juvenile offending
through accountability-based programs focused on the juvenile offender and
the juvenile justice system.
Available Funding: Federal funds are authorized under the Omnibus Crime
Control and Safe Streets Act of 2002, Public Law 107-273, 42 U.S.C. 3796 et
seq. All grants awarded from this fund must comply with the requirements contained
therein. As of the date of the issuance of this RFA, the U.S. Congress has
not finalized federal appropriations for federal fiscal year 2007. All awards
are subject to the availability of appropriated funds and any modifications
or additional requirements that may be imposed by law.
Funding Levels: No minimum or maximum funding levels.
Required Match: Grantees must provide matching funds of at least ten percent
(10%) of total project expenditures. This requirement must be met through
cash contributions.
Standards: Grantees must comply with the standards applicable to this funding
source contained in the
Texas Administrative Code,
Title 1, Part 1, Chapter 3. In addition grantees must comply with
federal regulations contained in 28 C.F.R. §95.
Prohibitions: Grant funds may not be used to support the following services,
activities, and costs:
(1) proselytizing or sectarian worship;
(2) lobbying;
(3) any portion of the salary of, or any other compensation for, an elected
or appointed government official, except in the case of a juvenile court or
drug court;
(4) transportation, lodging, per diem or any related costs for participants,
when grant funds are used to develop and conduct training;
(5) vehicles or equipment for government agencies that are for general
agency use;
(6) weapons, ammunition, explosives or military vehicles;
(7) admission fees or tickets to any amusement park, recreational activity
or sporting event;
(8) promotional gifts;
(9) food, meals, beverages, or other refreshments unless the expense is
for a working event where full participation by participants mandates the
provision of food and beverages and the event is not related to amusement
or social activities in any way;
(10) membership dues for individuals;
(11) any expense or service that is readily available at no cost to the
grant project or that is provided by other federal, state or local funds (i.e.,
supplanting);
(12) fundraising;
(13) medical services; and
(14) construction.
Eligible Applicants:
(1) State agencies;
(2) Units of local government including crime control and prevention districts;
and
(3) Native American Tribal Governments.
Requirements:
(1) Projects must address one or more of the following JABG Purpose Areas:
(a) Juvenile Drug Courts;
(b) Information Sharing;
(c) School Safety; and
(d) Accountability.
(2) In addition, all juvenile justice projects must address at least one
of the following priorities:
(a) Family Stability. Programs or other initiatives designed to strengthen
family support systems in an effort to positively impact the lives of youth
and divert them from a path of serious, violent, or chronic delinquency.
(b) Substance Abuse Early Intervention and Prevention. Programs or other
initiatives designed to address the use and abuse of illegal and other prescription
and nonprescription drugs and the use and abuse of alcohol. Programs, research,
or other initiatives include control, prevention, and treatment.
(c) Education. Programs or other initiatives designed to prevent truancy,
suspension, and expulsion. School safety programs may include support for
school resource officers and law-related education.
(d) Disproportionate Minority Contact (DMC). Programs or other initiatives
designed to address the disproportionate number of juvenile members of minority
groups who come into contact with the juvenile justice system.
(e) Justice System Impact. Programs or other initiatives designed to impact
offender accountability and/or improve the practices, policies, or procedures
within the juvenile justice system.
(f) Gang Prevention. Programs or other initiatives designed to address
issues related to juvenile gang activity, including prevention and intervention
efforts directed at reducing gang-related activities.
(g) Rural Access. Programs or other initiatives designed to provide prevention,
intervention, and treatment services located outside a metropolitan area.
(h) Training. Programs or other initiatives designed to offer specialized
training for staff working directly with at-risk youth or juvenile offenders
that can positively impact the quality of the services, staff turnover rates,
and program stability.
Project Period: Grand-funded projects must begin on or after August 1,
2007, and will expire on or before July 31, 2008.
Application Process: Applicants must access CJD's grant management website
at https://cjdonline.governor.state.tx.us to register and apply for funding.
Preferences: Preference will be given to those applicants that demonstrate
cost effective programs focused on proven or promising approaches to services
provision.
Closing Date for Receipt of Applications: All applications must be submitted
via CJD's grant management website on or before April 15, 2007.
Selection Process: For state discretionary projects, applications are reviewed
by CJD staff members or a review group selected by the executive director.
CJD will make all final funding decisions based on eligibility, reasonableness,
availability of funding, and cost effectiveness.
Contact Person: If additional information is needed, contact Ryan Clinton
at ryan.clinton@governor.state.tx.us or (512) 463-1919.
TRD-200700678
Christopher Burnett
General Counsel
Office of the Governor
Filed: February 21, 2007
Licensing Actions for Radioactive Materials
TRD-200700664
Cathy Campbell
General Counsel
Department of State Health Services
Filed: February 21, 2007
Notice of Public Hearing
Multifamily Housing Revenue Bonds (Santora Villas)
Series 2007
Notice is hereby given of a public hearing to be held by the Texas Department
of Housing and Community Affairs (the ''Issuer'') at Allison Elementary, 515
Vargas Road, Austin, Travis County, Texas 78741, at 6:00 p.m. on March 22,
2007, with respect to an issue of tax-exempt multifamily residential rental
development revenue bonds in an aggregate principal amount not to exceed $15,000,000
and taxable bonds, if necessary, in an amount to be determined, to be issued
in one or more series (the ''Bonds''), by the Issuer. The proceeds of the
Bonds will be loaned to Santora Villas, LP, a limited partnership, or a related
person or affiliate thereof (the ''Borrower'') to finance a portion of the
costs of acquiring, constructing, and equipping a multifamily housing development
(the ''Development'') described as follows: 192-unit multifamily residential
rental development to be located at approximately 1805 Frontier Valley Drive,
Travis 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-200700626
Michael Gerber
Executive Director
Texas Department of Housing and Community Affairs
Filed: February 20, 2007
Section 511 of Title V of the Quality Housing and Work Responsibility Act
of 1998 (P. L. 205-276) requires the Texas Department of Housing and Community
Affairs (the Department) to prepare a 2007 Annual Plan covering operations
of the Section 8 Program. Title 24, §903.17 of the Code of Federal Regulations
requires that the Department conduct a public hearing regarding that plan.
The Department will hold a public hearing to receive comments for the development
of the Department's 2007 Annual Plan. The hearing will take place at the following
time and location:
April 17, 2007
Texas Department of Housing and Community Affairs
221 East 11th Street, Room 116
Austin, Texas 78701
1:30 p.m. - 4:30 p.m.
The proposed 2007 Annual Plan and all supporting documentation are available
to the public for viewing at the Department's main office, 221 East 11th Street,
Attn: Section 8 Program, Austin, Texas on weekdays during the hours of 8:00
a.m. until 4:30 p.m. The proposed plan will also be available for viewing
on the Department's website at www.tdhca.state.tx.us/sec8.htm.
Questions or requests for additional information may be directed to Willie
Faye Hurd, Section 8 Program Manager, Community Affairs Division at whurd@tdhca.state.tx.us
or by mail at P.O. Box 13941, Austin, Texas 78711-3941, (512) 475-3892. Comments
must be received by 5:00 p.m. Tuesday, April 10, 2007.
Persons who intend to appear at the hearing and express their comments
are invited to contact Willie Faye Hurd in writing in advance of the hearing.
Any interested persons unable to attend the hearing may submit their comments
in writing to Willie Faye Hurd prior to the date scheduled for the hearing.
Individuals who require a language interpreter for the hearing should contact
Willie Faye Hurd 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 or services for this hearing should
contact Gina Esteves at (512) 475-3943 or Relay Texas at 1-800-735-2989 at
least 2 days before the scheduled hearing so that appropriate arrangements
can be made.
TRD-200700661
Michael G. Gerber
Executive Director
Texas Department of Housing and Community Affairs
Filed: February 20, 2007
Notice
Pursuant to §981.154 of the Texas Insurance Code, the Board of Directors
of the Surplus Lines Stamping Office of Texas (Stamping Office) has recommended
to the Commissioner of Insurance that he authorize a decrease in the stamping
fee charged by the Stamping Office.
Based upon a review of the Stamping Office's recommendation and other information
submitted by the Stamping Office to the Texas Department of Insurance, Texas
Department of Insurance staff recommends that the Commissioner of Insurance
consider a decrease in the stamping fee rate to 0.06% (0.0006) from its current
rate of 0.10% (0.0010). The proposed effective date for the decrease is July
1, 2007. The Stamping Office's recommendation and the Department staff's recommendation
are now before the Commissioner of Insurance and are under consideration.
A copy of the Stamping Office recommendation and other information reviewed
by the Texas Department of Insurance staff are available for review in the
office of the Chief Clerk of the Texas Department of Insurance, 333 Guadalupe
Street, Austin, Texas. For further information or to request copies of the
recommendation and the reviewed information, please contact Sylvia Gutierrez
at (512) 463-6327 refer to Reference Number O-0207-01.
Any comments on the requested recommendation must be submitted in writing
no later than 5:00 p.m. on March 15, 2007. Office of the Chief Clerk, Texas
Department of Insurance, P.O. Box 149104, MC 113-2A, Austin, Texas 78714-9104.
An additional copy of comments must be submitted simultaneously to Betty Patterson,
Senior Associate Commissioner, Financial Program, Texas Department of Insurance,
P.O. Box 149104, MC 305-2A, Austin, Texas 78714-9104. Any request for a public
hearing on the decrease should be submitted separately and in writing to the
Office of the Chief Clerk no later than 5:00 p.m. on March 15, 2007.
TRD-200700676
Gene C. Jarmon
Chief Clerk and General Counsel
Texas Department of Insurance
Filed: February 21, 2007
Notice is given to the public of the application of the listed small employer
health benefit plan issuer to be a risk-assuming health benefit plan issuer
under Insurance Code §1501.312. A small employer health benefit plan
issuer is defined by Insurance Code §1501.002(16) as a health benefit
plan issuer offering, delivering, issuing for delivery, or renewing health
benefit plans subject to the Insurance Code, Chapter 1501, Subchapters C-H.
A risk-assuming health benefit plan issuer is defined by Insurance Code §1501.301(4)
as a small employer health benefit plan issuer that does not participate in
the Texas Health Reinsurance System. The following small employer health benefit
plan issuer has applied to be a risk-assuming health benefit plan issuer:
The Guardian Life Insurance Company of America.
The application is subject to public inspection at the offices of the Texas
Department of Insurance, Legal Division - Nick Hoelscher, 333 Guadalupe, Tower
I, Room 920, Austin, Texas.
If you wish to comment on the application of American Alternative Insurance
Corporation to be a risk-assuming health benefit plan issuer, you must submit
your written comments within 60 days after publication of this notice in the Texas Register to Gene C. Jarmon, General Counsel
and Chief Clerk, Mail Code 113-2A, Texas Department of Insurance, P.O. Box
149104, Austin, Texas 78714-91204. Upon consideration of the application and
comments, and a determination that all requirements of law have been met,
the Commissioner or his designee may take final action on the applicant's
election to be a risk-assuming health benefit plan issuer.
TRD-200700592
Gene C. Jarmon
Chief Clerk and General Counsel
Texas Department of Insurance
Filed: February 16, 2007
The following third party administrator (TPA) application has been filed
with the Texas Department of Insurance and is under consideration.
Application to change the name of HOUSTON TPA, LTD. (using the assumed
name HEALTH ADMINISTRATION SERVICES) to HOUSTON TPA, LTD. (using the assumed
name TRISURANT), a domestic third party administrator. The home office is
IRVING, TEXAS.
Any objections must be filed within 20 days after this notice is published
in the
Texas Register,
addressed to the attention
of Matt Ray, MC 107-1A, 333 Guadalupe, Austin, Texas 78701.
TRD-200700677
Gene C. Jarmon
Chief Clerk and General Counsel
Texas Department of Insurance
Filed: February 21, 2007
Instant Game Number 828 "Set for Life"
1.0 Name and Style of Game.
A. The name of Instant Game No. 828 is "SET FOR LIFE". The play style is
"key number match with auto win".
1.1 Price of Instant Ticket.
A. Tickets for Instant Game No. 828 shall be $10.00 per ticket.
1.2 Definitions in Instant Game No. 828.
A. Display Printing - That area of the instant game ticket outside of the
area where the Overprint and Play Symbols appear.
B. Latex Overprint - The removable scratch-off covering over the Play Symbols
on the front of the ticket.
C. Play Symbol - The printed data under the latex on the front of the instant
ticket that is used to determine eligibility for a prize. Each Play Symbol
is printed in Symbol font in black ink in positive except for dual-image games.
The possible black play symbols are: 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12,
13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31,
32, 33, 34, 35, 36, 37, 38, 39, 40, COIN SYMBOL, STAR SYMBOL, LIFE SYMBOL,
$1.00, $2.00, $3.00, $5.00, $10.00, $20.00, $50.00, $100, $200, $500, $1,000,
$2,500, and $5,000/WK.
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:
Figure 1: 16 TAC GAME NO. 828 - 1.2D
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:
Figure 2: 16 TAC GAME NO. 828 - 1.2E
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 format will be: 0000000000000.
G. Low-Tier Prize - A prize of $10.00 or $20.00.
H. Mid-Tier Prize - A prize of $50.00, $100, $200, or $500.
I. High-Tier Prize - A prize of $1,000, $2,500, or $5,000/WK ($5,000 per
week not to exceed $5,000,000 total).
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 (828), 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: 828-0000001-001.
L. Pack - A pack of "SET FOR LIFE" Instant Game tickets contains 50 tickets,
packed in plastic shrink-wrapping and fanfolded in pages of one (1). Ticket
back 050 will be exposed on one side of the pack and ticket front 001 on the
other side.
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 "SET
FOR LIFE" Instant Game No. 828 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 "SET FOR
LIFE" Instant Game is determined once the latex on the ticket is scratched
off to expose 44 (forty-four) play symbols. If a player matches any of YOUR
NUMBERS play symbols to any of the WINNING NUMBERS play symbols, the player
wins PRIZE shown for that number. If a player reveals a COIN play symbol,
the player wins PRIZE shown instantly. If a player reveals a STAR play symbol,
the player wins ten (10) times the prize shown. If the player reveals a LIFE
play symbol, the player wins $5,000 per week (not to exceed $5,000,000 total).
No portion of the display printing nor any extraneous matter whatsoever shall
be usable or playable as a part of the Instant Game.
2.1 Instant Ticket Validation Requirements.
A. To be a valid Instant Game ticket, all of the following requirements
must be met:
1. Exactly 44 (forty-four) Play Symbols must appear under the latex overprint
on the front portion of the ticket;
2. Each of the Play Symbols must have a Play Symbol Caption underneath,
unless specified, and each Play Symbol must agree with its Play Symbol Caption;
3. Each of the Play Symbols must be present in its entirety and be fully
legible;
4. Each of the Play Symbols must be printed in black ink except for dual
image games;
5. The ticket shall be intact;
6. The Serial Number, Retailer Validation Code, and Pack-Ticket Number
must be present in their entirety and be fully legible;
7. The Serial Number must correspond, using the Texas Lottery's codes,
to the Play Symbols on the ticket;
8. The ticket must not have a hole punched through it, be mutilated, altered,
unreadable, reconstituted, or tampered with in any manner;
9. The ticket must not be counterfeit in whole or in part;
10. The ticket must have been issued by the Texas Lottery in an authorized
manner;
11. The ticket must not have been stolen, nor appear on any list of omitted
tickets or non-activated tickets on file at the Texas Lottery;
12. The Play Symbols, Serial Number, Retailer Validation Code, and Pack-Ticket
Number must be right side up and not reversed in any manner;
13. The ticket must be complete and not miscut, and have exactly 44 (forty-four)
Play Symbols under the latex overprint on the front portion of the ticket,
exactly one Serial Number, exactly one Retailer Validation Code, and exactly
one Pack-Ticket Number on the ticket;
14. The Serial Number of an apparent winning ticket shall correspond with
the Texas Lottery's Serial Numbers for winning tickets, and a ticket with
that Serial Number shall not have been paid previously;
15. The ticket must not be blank or partially blank, misregistered, defective,
or printed or produced in error;
16. Each of the 44 (forty-four) Play Symbols must be exactly one of those
described in Section 1.2.C of these Game Procedures.
17. Each of the 44 (forty-four) Play Symbols on the ticket must be printed
in the Symbol font and must correspond precisely to the artwork on file at
the Texas Lottery; the ticket Serial Numbers must be printed in the Serial
font and must correspond precisely to the artwork on file at the Texas Lottery;
and the Pack-Ticket Number must be printed in the Pack-Ticket Number font
and must correspond precisely to the artwork on file at the Texas Lottery;
18. The display printing on the ticket must be regular in every respect
and correspond precisely to the artwork on file at the Texas Lottery; and
19. The ticket must have been received by the Texas Lottery by applicable
deadlines.
B. The ticket must pass all additional validation tests provided for in
these Game Procedures, the Texas Lottery's Rules governing the award of prizes
of the amount to be validated, and any confidential validation and security
tests of the Texas Lottery.
C. Any Instant Game ticket not passing all of the validation requirements
is void and ineligible for any prize and shall not be paid. However, the Executive
Director may, solely at the Executive Director's discretion, refund the retail
sales price of the ticket. In the event a defective ticket is purchased, the
only responsibility or liability of the Texas Lottery shall be to replace
the defective ticket with another unplayed ticket in that Instant Game (or
a ticket of equivalent sales price from any other current Instant Lottery
game) or refund the retail sales price of the ticket, solely at the Executive
Director's discretion.
2.2 Programmed Game Parameters.
A. Consecutive non-winning tickets will not have identical play data, spot
for spot.
B. No four or more like non-winning prize symbols on a ticket.
C. No duplicate WINNING NUMBERS play symbols on a ticket.
D. No duplicate non-winning YOUR NUMBERS play symbols on a ticket.
E. The STAR (win x 10) play symbol will only appear on intended winning
tickets as dictated by the prize structure.
F. The LIFE play symbol will only appear with the $5,000/WK prize symbol
and both symbols will only appear on the two winning tickets as dictated by
the prize structure.
G. Non-winning prize symbols will never be the same as the winning prize
symbol(s).
H. No prize amount in a non-winning spot will correspond with the YOUR
NUMBERS play symbol (i.e., 5 and $5).
I. Top prizes are to be approximately evenly distributed throughout the
game.
2.3 Procedure for Claiming Prizes.
A. To claim a "SET FOR LIFE" Instant Game prize of $10.00, $20.00, $50.00,
$100, $200, or $500, a claimant shall sign the back of the ticket in the space
designated on the ticket and present the winning ticket to any Texas Lottery
Retailer. The Texas Lottery Retailer shall verify the claim and, if valid,
and upon presentation of proper identification, make payment of the amount
due the claimant and physically void the ticket; provided that the Texas Lottery
Retailer may, but is not, in some cases, required to pay a $50.00, $100, $200,
or $500 ticket. In the event the Texas Lottery Retailer cannot verify the
claim, the Texas Lottery Retailer shall provide the claimant with a claim
form and instruct the claimant on how to file a claim with the Texas Lottery.
If the claim is validated by the Texas Lottery, a check shall be forwarded
to the claimant in the amount due. In the event the claim is not validated,
the claim shall be denied and the claimant shall be notified promptly. A claimant
may also claim any of the above prizes under the procedure described in Section
2.3.B and 2.3.C of these Game Procedures.
B. To claim a "SET FOR LIFE" Instant Game prize of $1,000 or $2,500, the
claimant must sign the winning ticket and present it at one of the Texas Lottery's
Claim Centers. If the claim is validated by the Texas Lottery, payment will
be made to the bearer of the validated winning ticket for that prize upon
presentation of proper identification. When paying a prize of $600 or more,
the Texas Lottery shall file the appropriate income reporting form with the
Internal Revenue Service (IRS) and shall withhold federal income tax at a
rate set by the IRS if required. In the event that the claim is not validated
by the Texas Lottery, the claim shall be denied and the claimant shall be
notified promptly.
C. To claim a "SET FOR LIFE" top level prize of $5,000 per week (not to
exceed $5,000,000 total), the claimant must sign the winning ticket and present
it at Texas Lottery Commission headquarters in Austin, Texas. 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.
D. When claiming a "SET FOR LIFE" Instant Game prize of $5,000 per week
(not to exceed $5,000,000 total), the claimant must choose one of the following
four (4) payment options for receiving the prize:
1. Weekly via direct deposit to the winner's account. With this plan, upon
validation of the prize, 52 weekly payments of $5,000, less any taxes and/or
other offsets or mandatory withholdings required by law, will be made each
Wednesday up to $260,000 per year. Additional payment(s) may be made to reach
the total maximum payment of $5,000,000. *NOTE: The investment is based on
52 weeks per year. Some years may have 53 weeks per year, however, only 52
weeks per year will be paid. On years with 53 weeks, no payment will be made
on the last Wednesday in December.
2. Monthly via direct deposit to the winner's account. With this plan,
upon validation of the prize, an initial payment of $21,674 less any taxes
and/or other offsets or mandatory withholdings required by law, will be made
each year on the first business day of the month of the claim. A payment of
$21,666 less any taxes and/or other offsets or mandatory withholdings required
by law, will be made on the first business day for the remaining eleven months
of each year for a combined total of up to $260,000 per year. Monthly payments
will be made for a period 231 months with the final payment of $16,660 less
any taxes and/or other offsets or mandatory withholdings required by law,
to reach the total maximum payment of $5,000,000.
3. Quarterly via direct deposit to the winner's account. With this plan,
upon validation of the prize, a payment of $65,000 less any taxes and/or other
offsets or mandatory withholdings required by law, will be made four times
a year on the first business day of the first month of each calendar quarter
(January, April, July, October) for a total of $260,000 per year. Quarterly
payments will be made for approximately 19 years for a total of 77 quarters
with the final quarterly payment of $60,000 less any taxes and/or other offsets
or mandatory withholdings required by law, to reach the total maximum payment
of $5,000,000.
4. Annually via direct deposit to the winner's account. With this plan,
upon validation of the prize, a payment of $260,000 less any taxes and/or
other offsets or mandatory withholdings required by law, will be made once
a year on the first business day of the anniversary month of the claim. Annual
payments will be made for a period of 19 years or a total of 19 annual payments.
One additional payment of $60,000 less any taxes and/or other offsets or mandatory
withholdings required by law, will be made to reach the total maximum payment
of $5,000,000.
5. If a payment falls on a holiday or weekend, the payment will be made
on the following business day.
E. As an alternative method of claiming a "SET FOR LIFE" Instant Game prize
of $10.00, $20.00, $50.00, $100, $200, $500, $1,000, or $2,500, 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.
F. Prior to payment by the Texas Lottery of any prize, the Texas Lottery
shall deduct a sufficient amount from the winnings of a person who has been
finally determined to be:
1. delinquent in the payment of a tax or other money collected by the Comptroller
of Public Accounts, the Texas Workforce Commission, or Texas Alcoholic Beverage
Commission;
2. delinquent in making child support payments administered or collected
by the Office of the Attorney General; or
3. delinquent in reimbursing the Texas Health and Human Services Commission
for a benefit granted in error under the food stamp program or the program
of financial assistance under Chapter 31, Human Resources Code;
4. in default on a loan made under Chapter 52, Education Code; or
5. in default on a loan guaranteed under Chapter 57, Education Code.
G. 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 "SET FOR LIFE"
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 "SET FOR LIFE" Instant Game, the Texas Lottery shall
deposit the amount of the prize in a custodial bank account, with an adult
member of the minor's family or the minor's guardian serving as custodian
for the minor.
2.7 Instant Ticket Claim Period. All Instant Game prizes must be claimed
within 180 days following the end of the Instant Game or within the applicable
time period for certain eligible military personnel as set forth in Texas
Government Code, §466.408. Any prize not claimed within that period and
in the manner specified in these Game Procedures and on the back of each ticket,
shall be forfeited.
2.8 Disclaimer. The number of prizes in a game is approximate based on
the number of tickets ordered. The number of actual prizes available in a
game may vary based on number of tickets manufactured, testing, distribution,
sales, and number of prizes claimed. An Instant Game ticket may continue to
be sold even when all the top prizes have been claimed.
3.0 Instant Ticket Ownership.
A. Until such time as a signature is placed upon the back portion of an
Instant Game ticket in the space designated, a ticket shall be owned by the
physical possessor of said ticket. When a signature is placed on the back
of the ticket in the space designated, the player whose signature appears
in that area shall be the owner of the ticket and shall be entitled to any
prize attributable thereto. Notwithstanding any name or names submitted on
a claim form, the Executive Director shall make payment to the player whose
signature appears on the back of the ticket in the space designated. If more
than one name appears on the back of the ticket, the Executive Director will
require that one of those players whose name appears thereon be designated
by such players to receive payment.
B. The Texas Lottery shall not be responsible for lost or stolen Instant
Game tickets and shall not be required to pay on a lost or stolen Instant
Game ticket.
4.0 Number and Value of Instant Prizes. There will be approximately 8,040,000
tickets in the Instant Game No. 828. The approximate number and value of prizes
in the game are as follows:
Figure 3: 16 TAC GAME NO. 828 - 4.0
A. The actual number of tickets in the game may be increased or decreased
at the sole discretion of the Texas Lottery.
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. 828 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. 828,
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-200700663
Kimberly Kiplin
General Counsel
Texas Lottery Commission
Filed: February 20, 2007
Request for Proposals to Collect and Analyze Traffic Data on Limited-Access Highways in the Dallas-Fort Worth Metropolitan Area
This request by the North Central Texas Council of Governments (NCTCOG)
for consultant services is filed under the provisions of Government Code,
Chapter 2254.
The North Central Texas Council of Governments (NCTCOG) is requesting written
proposals from consultant firm(s) to collect and analyze traffic data on limited-access
highways in the Dallas-Fort Worth Metropolitan Area via low-level aerial photography
or other non-intrusive remote sensing data collection techniques. NCTCOG desires
to enhance its information system for monitoring transportation system infrastructure
and performance as part of the Congestion Management Process. The purpose
of this effort is to better understand and measure the effects of traffic
congestion in the morning and evening peak periods. This study will focus
on the identification of bottlenecks and the measurement of system performance
on the limited-access highway transportation system.
Due Date
Proposals must be received no later than 5 p.m., Central Daylight Time,
on Friday, March 30, 2007, to Natalie Bettger, Senior Program Manager, North
Central Texas Council of Governments, 616 Six Flags Drive, Arlington, Texas
76011 or P.O. Box 5888, Arlington, Texas 76005-5888. For copies of the Request
for Proposals, contact Therese Bergeon, at (817) 695-9267.
Contract Award Procedures
The firm or individual selected to perform these activities will be recommended
by a Consultant Selection Committee (CSC). The CSC will use evaluation criteria
and methodology consistent with the scope of services contained in the Request
for Proposals. The NCTCOG Executive Board will review the CSC's recommendations
and, if found acceptable, will issue a contract award.
Regulations
NCTCOG, in accordance with Title VI of the Civil Rights Act of 1964, 78
Statute 252, 41 United States Code 2000d to 2000d-4; and Title 49, Code of
Federal Regulations, Department of Transportation, Subtitle A, Office of the
Secretary, Part 1, Nondiscrimination in Federally Assisted Programs of the
Department of Transportation issued pursuant to such act, hereby notifies
all proposers that it will affirmatively assure that in regard to any contract
entered into pursuant to this advertisement, disadvantaged business enterprises
will be afforded full opportunity to submit proposals in response to this
invitation and will not be discriminated against on the grounds of race, color,
sex, age, national origin, or disability in consideration of an award.
TRD-200700665
R. Michael Eastland
Executive Director
North Central Texas Council of Governments
Filed: February 21, 2007
Notice of Proposed Real Estate Transaction and Opportunity for Comment
Land Acquisition - Bastrop County
In a meeting on April 5, 2007, the Texas Parks and Wildlife Commission
(the Commission) will consider the acquisition of 36.245 acres adjacent to
Bastrop State Park. The meeting will start at 9:00 a.m. at 4200 Smith School
Road, Austin, Texas. Before taking action, the Commission will take public
comment regarding the proposed transaction. Prior to the date of the meeting,
public comment may be submitted to Corky Kuhlman, Land Conservation, Texas
Parks and Wildlife Department, 4200 Smith School Road, Austin, Texas 78744
or by E-mail at corky.kuhlmann@tpwd.state.tx.us or in person at time of meeting.
TRD-200700666
Ann Bright
General Counsel
Texas Parks and Wildlife Department
Filed: February 21, 2007
Lease Exchange - Cameron, Hidalgo and Starr Counties
In a meeting on April 5, 2007, the Texas Parks and Wildlife Commission
(the Commission) will consider the exchange of leases with the United States
Fish and Wildlife Service. The meeting will start at 9:00 a.m. at 4200 Smith
School Road, Austin, Texas. Before taking action, the Commission will take
public comment regarding the proposed transaction. Prior to the date of the
meeting, public comment may be submitted to Ted Hollingsworth, Land Conservation,
Texas Parks and Wildlife Department, 4200 Smith School Road, Austin, Texas
78744 or by E-mail at ted.hollingsworth@tpwd.state.tx.us or in person at time
of meeting.
TRD-200700667
Ann Bright
General Counsel
Texas Parks and Wildlife Department
Filed: February 21, 2007
Grant of Access Easements - Bastrop County
In a meeting on April 5, 2007, the Texas Parks and Wildlife Commission
(the Commission) will consider granting four access easements through Buescher
State Park to M.D. Anderson to improve access to its Smithville Science Park.
The meeting will start at 9:00 a.m. at 4200 Smith School Road, Austin, Texas.
Before taking action, the Commission will take public comment regarding the
proposed transaction. Prior to the date of the meeting, public comment may
be submitted to Ann Bright, General Counsel, Texas Parks and Wildlife Department,
4200 Smith School Road, Austin, Texas 78744 or by E-mail at ann.bright@tpwd.state.tx.us
or in person at time of meeting.
TRD-200700668
Ann Bright
General Counsel
Texas Parks and Wildlife Department
Filed: February 21, 2007
Land Acquisition - Presidio County
In a meeting on April 5, 2007, the Texas Parks and Wildlife Commission
(the Commission) will consider the acquisition of 40 acres adjacent to Big
Bend Ranch State Park. The meeting will start at 9:00 a.m. at 4200 Smith School
Road, Austin, Texas. Before taking action, the Commission will take public
comment regarding the proposed transaction. Prior to the date of the meeting,
public comment may be submitted to Corky Kuhlman, Land Conservation, Texas
Parks and Wildlife Department, 4200 Smith School Road, Austin, Texas 78744
or by E-mail at corky.kuhlmann@tpwd.state.tx.us or in person at time of meeting.
TRD-200700669
Ann Bright
General Counsel
Texas Parks and Wildlife Department
Filed: February 21, 2007
Land Acquisition - Brewster County
In a meeting on April 5, 2007, the Texas Parks and Wildlife Commission
(the Commission) will consider the acquisition of approximately 80 acres adjacent
to Black Gap Wildlife Management Area. The meeting will start at 9:00 a.m.
at 4200 Smith School Road, Austin, Texas. Before taking action, the Commission
will take public comment regarding the proposed transaction. Prior to the
date of the meeting, public comment may be submitted to Corky Kuhlman, Land
Conservation, Texas Parks and Wildlife Department, 4200 Smith School Road,
Austin, Texas 78744 or by E-mail at corky.kuhlmann@tpwd.state.tx.us or in
person at time of meeting.
TRD-200700670
Ann Bright
General Counsel
Texas Parks and Wildlife Department
Filed: February 21, 2007
Acquisition of Property Interests - Tom Green County
In a meeting on April 5, 2007, the Texas Parks and Wildlife Commission
(the Commission) will consider authorizing the acquisition of undivided interests
in 60 acres at the former San Angelo Fish Hatchery property. The meeting will
start at 9:00 a.m. at 4200 Smith School Road, Austin, Texas. Before taking
action, the Commission will take public comment regarding the proposed transaction.
Prior to the date of the meeting, public comment may be submitted to Ann Bright,
General Counsel, Texas Parks and Wildlife Department, 4200 Smith School Road,
Austin, Texas 78744 or by E-mail at ann.bright@tpwd.state.tx.us or in person
at time of meeting.
TRD-200700671
Ann Bright
General Counsel
Texas Parks and Wildlife Department
Filed: February 21, 2007
Land Acquisition - Matagorda County
In a meeting on April 5, 2007, the Texas Parks and Wildlife Commission
(the Commission) will consider the acquisition of 12 acres adjacent to the
Perry R. Bass Marine Fisheries Research Station. The meeting will start at
9:00 a.m. at 4200 Smith School Road, Austin, Texas. Before taking action,
the Commission will take public comment regarding the proposed transaction.
Prior to the date of the meeting, public comment may be submitted to Corky
Kuhlman, Land Conservation, Texas Parks and Wildlife Department, 4200 Smith
School Road, Austin, Texas 78744 or by email at corky.kuhlmann@tpwd.state.tx.us
or in person at time of meeting.
TRD-200700672
Ann Bright
General Counsel
Texas Parks and Wildlife Department
Filed: February 21, 2007
Notice of Application for a Certificate to Provide Retail Electric Service
Notice is given to the public of the filing with the Public Utility Commission
of Texas of an application on February 12, 2007, for retail electric provider
(REP) certification, pursuant to §§39.101 - 39.109 of the Public
Utility Regulatory Act (PURA).
Docket Title and Number: Application of Hwy 3 MHP, LLC d/b/a Smart Choice
Power for Retail Electric Provider (REP) Certification, Docket Number 33866
before the Public Utility Commission of Texas.
Applicant's requested service area by geography includes the entire State
of Texas.
Persons wishing to comment upon the action sought should contact the Public
Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326,
or by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than
March 9, 2007. 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 33866.
TRD-200700524
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: February 15, 2007
Notice is given to the public of the filing with the Public Utility Commission
of Texas of an application on February 12, 2007, for retail electric provider
(REP) certification, pursuant to §§39.101 - 39.109 of the Public
Utility Regulatory Act (PURA).
Docket Title and Number: Application of Sure Electric, LLC for Retail Electric
Provider (REP) Certification, Docket Number 33868 before the Public Utility
Commission of Texas.
Applicant's requested service area by geography includes the entire State
of Texas.
Persons wishing to comment upon the action sought should contact the Public
Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326,
or by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than
March 9, 2007. 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 33868.
TRD-200700525
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: February 15, 2007
On January 8, 2007, under Project Number 32907, the Public Utility Commission
of Texas (PUCT or Commission) filed with the Secretary of State a Request
for Proposals (RFP) to select a vendor to serve as a financial advisor to
the Commission. The financial advisor would assist with the preparation of
a financing order authorizing the recovery of hurricane reconstruction costs
through securitization financing and with the subsequent issuance of hurricane
cost recovery bonds. Notice for the issuing of the RFP was published in the Texas Register on January 19, 2007 (32 TexReg 271).
The RFP was issued pursuant to the PUCT's authority under Title II, Texas
Utilities Code, §§39.458 - 39.463.
Upon review of the proposals received, Lane Lanford, Executive Director
of the PUCT, has determined not to award a contract.
TRD-200700598
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: February 16, 2007
Notice is given to the public of the filing on February 15, 2007, with
the Public Utility Commission of Texas (commission), a notice of intent to
file a long run incremental cost (LRIC) study pursuant to P.U.C. Substantive
Rule §26.214. The Applicant will file the LRIC study on February 26,
2007.
Docket Title and Number: Application of Windstream Sugar Land, Incorporated
for Approval of LRIC Study for Residential Bundles Pursuant to P.U.C. Substantive
Rule §26.214, Docket Number 33883.
Any party that demonstrates a justiciable interest may file with the administrative
law judge, written comments or recommendations concerning the LRIC study referencing
Docket Number 33883. Written comments or recommendations should be filed no
later than 45 days after the date of a sufficient study and should be filed
at 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 telephones (TTY) may contact
the commission at (512) 936-7136 or toll free 1-800-735-2989. All comments
should reference Docket Number 33883.
TRD-200700628
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: February 20, 2007
Notice is given to the public of the filing on February 15, 2007, with
the Public Utility Commission of Texas (commission), a notice of intent to
file a long run incremental cost (LRIC) study pursuant to P.U.C. Substantive
Rule §26.214. The Applicant will file the LRIC study on February 26,
2007.
Docket Title and Number: Application of Texas Windstream, Incorporated
for Approval of LRIC Study for Residential Bundles Pursuant to P.U.C. Substantive
Rule §26.214, Docket Number 33882.
Any party that demonstrates a justiciable interest may file with the administrative
law judge, written comments or recommendations concerning the LRIC study referencing
Docket Number 33882. Written comments or recommendations should be filed no
later than 45 days after the date of a sufficient study and should be filed
at 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 telephones (TTY) may contact
the commission at (512) 936-7136 or toll free 1-800-735-2989. All comments
should reference Docket Number 33882.
TRD-200700629
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: February 20, 2007
Notice of Applications for Designation as a "Texas Star Builder"
The commission adopted rules regarding the procedures for designation as
a "Texas Star Builder" at 10 TAC §303.300. The rules were adopted pursuant
to §416.011, Property Code (Act effective Sept. 1, 2003), which provides
that the commission shall establish rules and procedures through which a builder
can be designated as a "Texas Star Builder." The commission rules for application
for designation can be found on the commission's website at www.trcc.state.tx.us.
10 TAC §303.300(i)(2) requires the commission to publish in the Texas Register notice of the application of each
person seeking to become designated as a "Texas Star Builder" registered under
this subchapter. The commission will accept public comment on each application
for twenty-one (21) days after the date of publication of the notice. Information
provided in response to this notice will be utilized in evaluating the applicants
for approval. The Texas Star Builder designation requires that a builder or
remodeler demonstrate that its education, experience and commitment to professionalism
sets the builder or remodeler apart from its peers and offers some assurance
to its customers that its quality of service and construction will be above
average.
Pursuant to 10 TAC §303.300(i)(2) the commission hereby notices the
application(s) for designation as a "Texas Star Builder" of:
Stadler Custom Homes of Austin, L.P., dba Stadler Custom Homes, 12117 FM
2244, Ste. 280, Austin, TX 78738; TRCC builder registration certificate #
24969; and the registered agent is Brent T. Allison.
Interested persons may send written comments regarding this application
to Susan K. Durso, General Counsel, The Texas Residential Construction Commission,
P.O. Box 13144, Austin, TX 78711-3144. Comments regarding this application
will be accepted for twenty-one days following the date of publication of
this notice in the
Texas Register
. Thereafter,
the comments will not be considered as timely filed.
TRD-200700620
Susan K. Durso
General Counsel
Texas Residential Construction Commission
Filed: February 20, 2007
Public Notice - Aviation
Pursuant to Transportation Code, §21.111, and Title 43, Texas Administrative
Code, §30.209, the Texas Department of Transportation conducts public
hearings to receive comments from interested parties concerning proposed approval
of various aviation projects.
For information regarding actions and times for aviation public hearings,
please go to the following web site:
www.txdot.gov/about_us/public_hearings_and_meetings/aviation.htm
Or visit www.txdot.gov, click on Citizen, click on Public Hearings, and
then click on Aviation.
Or contact Joyce Moulton, Aviation Division, 150 East Riverside, Austin,
Texas 78704, (512) 416-4501 or 1-800-68- PILOT.
TRD-200700625
Bob Jackson
General Counsel
Texas Department of Transportation
Filed: February 20, 2007
Notice of Major Consulting Contract Award
Description of Activities Consultant Will Conduct
To assist UNT in cost evaluations of the discount and other processing
fees assessed for the payment of student tuition and fees when using Mastercard,
Visa, Discover, and American Express for payment of tuition and student fees.
The consulting services will include, but not necessarily be limited to, the
following: conduct research and analysis on UNT’s current processing
services for the payment of tuition and fees by credit and debit cards; Cost
Evaluation based on sales/payment activity since September 2004; make recommendations
for credit and debit card processing service; make recommendations for cost
evaluations of the discount and other processing fees assessed for the payment
of student tuition and fees; and must be able to implement said strategies
to lower fees and monitor merchant processing statements for 2 years and to
ensure that such changes are permanent.
Name and Business Address of Consultant:
PE Systems, Inc.
720 N. Argonne Road
Suite F
Spokane Valley, WA 99212-2794
Total Value and Beginning and Ending Dates of Contract:
Value: To be determined/50 % of actual savings to the University if the
companies' recommendation is used.
Beginning Date: October 27, 2006
Ending Date: Two years from signing of Addendum "A"
Dates on Which Documents, Films, Recordings, or
Reports that Consultant is required to present are due:
Date: After the study of 2 years worth of processing statements (approximately
four weeks)
TRD-200700507
Sandy Shelton
Director of Purchasing and Payment Services
University of North Texas
Filed: February 15, 2007
Office of the Attorney General
Coastal Coordination Council
Office of Consumer Credit Commissioner
Texas Commission on Environmental Quality
Enforcement Orders
Notice of Availability and Request for Comments
Notice of Deletion of the PolyCycle Jacksonville Site from the State Superfund Registry
Notice of District Petition
Notice of Meeting on April 5, 2007, in Nacogdoches, Texas Concerning the Woodward Industries, Inc. Site
Notice of Water Quality Applications
Notice of Water Rights Application
Proposal for Decision
Office of the Governor
Department of State Health Services
Texas Department of Housing and Community Affairs
Notice of Public Hearing on Section 8 Program 2007 Annual Plan
Texas Department of Insurance
Notice of Application by a Small Employer Health Benefit Plan Issuer to be a Risk-Assuming Health Benefit Plan Issuer
Third Party Administrator Applications
Texas Lottery Commission
North Central Texas Council of Governments
Texas Parks and Wildlife Department
Notice of Proposed Real Estate Transaction and Opportunity for Comment
Notice of Proposed Real Estate Transaction and Opportunity for Comment
Notice of Proposed Real Estate Transaction and Opportunity for Comment
Notice of Proposed Real Estate Transaction and Opportunity for Comment
Notice of Proposed Real Estate Transaction and Opportunity for Comment
Notice of Proposed Real Estate Transaction and Opportunity for Comment
Public Utility Commission of Texas
Notice of Application for a Certificate to Provide Retail Electric Service
Notice of Decision Not to Award Contract
Notice of Intent to File LRIC Study Pursuant to P.U.C. Substantive Rule §26.214
Notice of Intent to File LRIC Study Pursuant to P.U.C. Substantive Rule §26.214
Texas Residential Construction Commission
Texas Department of Transportation
University of North Texas
Yoakum County