Texas Department of Agriculture
Citrus Budwood Administrative Penalty Matrix
Title 4, the Texas Agriculture Code (the Code) at Chapter 19, General Control,
(1) provides for the establishment of a certified citrus budwood program,
(2) provides standards for foundation groves and certified citrus nursery
trees, and (3) provides for an advisory council to make recommendations on
the implementation of the program. The department's authority for the enforcement
of Chapter 19 is found in the Code, 12.020, whereby the department may assess
administrative penalties up to $2,000 each for certain violations. Each day
a violation occurs or continues may be considered a separate violation for
purposes of penalty assessments.
Certified citrus budwood regulations authorized by Chapter 19 of the Code
are found in Title 4, the Texas Administrative Code, Chapter 21, Subchapter
C (4 TAC 21, Subchapter C). The department hereby establishes a certified
citrus budwood administrative penalty matrix in order to ensure that administrative
enforcement actions are fair, uniform, consistent, and appropriate.
The department is establishing this matrix to clarify enforcement of 4
TAC 21, Subchapter C; the Code, Chapter 19 and the Code, §12.020. The
department has determined that adoption of the language in this matrix will
prevent or eliminate any confusion that absence of a matrix may cause. There
is no previous version of this matrix and the department believes establishing
this matrix is both necessary and appropriate.
For each type of offense, there is a penalty range for violations. The
ranges were established by considering the following criteria set forth in
the Code, §12.020: (1) the seriousness of the violation, including but
not limited to the nature, circumstances, extent, and gravity of the prohibited
acts, and the hazard or potential hazard created to the health and safety
of the public; (2) the damage to property or the environment caused by the
violation; (3) the history of previous violations; (4) the amount necessary
to deter future violations; (5) efforts to correct the violation; and (6)
any other matter that justice may require.
Depending upon the violation, the hazard or potential hazard to the horticultural
or agricultural community, or to the health or safety of the public will be
considered on a case-by-case basis. Subject to the nature and circumstances
of the violation, a penalty may be probated or adjusted as justice may require.
The low end of each range is the presumptive base penalty for each violation,
and represents an appropriate penalty for the violations that are considered
"minor" with respect to the criteria in the Code, §12.020. Penalties
may be increased to the maximum within each range as the department considers
the nature and circumstances of each violation in the context of the criteria
in §12.020(d) of the Code.
The department is entitled to appropriate injunctive relief to prevent
or abate a violation of the Code, Chapter 19, or an order adopted under the
Code, Chapter 19. A person is not subject to both a criminal penalty under
the Code, §19.012, and a civil penalty under the Code, §19.013 for
the same violation of law.
This matrix is based upon current information. As the enforcement of these
types of violations continues and additional data are gathered, the matrix
will be reviewed and, if need be, adjusted to reflect any changes in the information
upon which the current matrix is based.
This filing is effective upon publication in the Texas Register.
Figure: Citrus Budwood Administrative Penalty Matrix
TRD-200700773
Dolores Alvarado Hibbs
Deputy General Counsel
Texas Department of Agriculture
Filed: February 27, 2007
Contract Award
This publication is filed pursuant to Texas Government Code, Section 2254.030.
The Request for Proposal was published in the December 29, 2006, issue of
the
Texas Register
(31 TexReg 10943).
DESCRIPTION OF ACTIVITIES OF PRIVATE CONSULTANT:
The Office of the Attorney General of Texas (the "OAG") has entered into
a major consulting services contract for the following services:
The OAG administers millions of dollars of federal funds for the Child
Support (Title IV-D) and Medicaid (Title XIX) programs. The OAG recoups its
indirect costs from these federal programs based on rates approved by the
United States Department of Health and Human Services ("HHS"). Contractor
will review the indirect cost methodologies of the OAG to determine areas
of cost recovery which will maximize revenue from the recovery of indirect
costs and will develop indirect cost rates throughout the OAG, as appropriate.
Contractor will prepare Indirect Cost Allocation Plans for FY06 (based on
actual expenditures) and for FY08 (based on budgeted expenditures) in accordance
with OMB Circular A-87, for submission to HHS for federal approval and will
negotiate approval of those plans with HHS. Contractor will also analyze existing
legal billing rates of the OAG for purposes of reconciling those existing
rates with actual costs of the OAG in providing the legal services and will
provide to the OAG a report of that reconciliation. Contractor will develop
the FY08 billing rates for legal services. Contractor will negotiate with
HHS for approval of the FY08 billing rates. Finally, Contractor will provide
guidance to the OAG in the implementation of these plans and billing rates.
NAME AND BUSINESS ADDRESS OF PRIVATE CONSULTANT:
The private consultant engaged by the OAG for these activities is Maximus,
Inc., whose business address is 13601 Preston Road, Suite 201E, Dallas, TX
75240.
TOTAL VALUE AND TERM OF THE CONTRACT:
The total value of the contract is $49,000. The term of the contract began
on February 27, 2007, and will terminate on August 31, 2007 or upon completion
of work described herein.
DATES ON WHICH REPORTS ARE DUE:
The Indirect Cost Allocation Plans must be submitted to HHS no later than
April 30, 2007. The final report regarding the FY08 billing rates for legal
services must be submitted to the OAG no later than August 31, 2007.
For information regarding this publication, contact
Lauri Saathoff, Agency Liaison, at (512) 463-2096.
TRD-200700787
Stacey Napier
Deputy Attorney General
Office of the Attorney General
Filed: February 28, 2007
Notice is hereby given by the State of Texas of the following proposed
partial resolution of an environmental enforcement lawsuit under the Texas
Water Code. Before the State may settle a judicial enforcement action under
the Water Code, the State shall permit the public to comment in writing on
the proposed judgment. The Attorney General will consider any written comments
and may withdraw or withhold consent to the proposed agreed judgment if the
comments disclose facts or considerations that indicate that the consent is
inappropriate, improper, inadequate, or inconsistent with the requirements
of the Code.
Case Title and Court: State of Texas v. Jackie Duncan, individually and
d/b/a Jackie's Water Company, Cause No. GV401163, in the 345th District Court,
Travis County, Texas.
Nature of Defendant's Operations: Jackie Duncan owns and operates a public
drinking water system serving 30 - 50 connections near Carrizo Springs, Dimmitt
County, Texas. The TCEQ inspected the facility multiple times and identified
repeated administrative, operational, and structural problems. Defendant does
not have a certificate of convenience and necessity or tariff required for
utilities and has not filed a number of other required plans and documents.
The TCEQ issued an Agreed Order directing Jackie Duncan to implement corrective
actions and to pay an administrative penalty of $4,088. Ms. Duncan did not
implement any of the corrective actions and still owes $3,788 of the penalty.
Proposed Agreed Judgment: An Agreed Partial Judgment, previously submitted
for public comment, required Jackie Duncan to pay civil penalties, an unpaid
administrative penalty, and attorney's fees. The State had sought to appoint
a receiver to rehabilitate the system, however, no receiver is interested
in taking on the system. The Defendant has not implemented the necessary improvements
to the system, therefore, the State has no option left but to shut down the
system in order to avoid the threat to human health caused by the lack of
proper operation of the system. The proposed Final Judgment will order the
Defendant to cease providing water service within 90 days of the court's signing
of the judgment.
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 Anthony
W. Benedict, Assistant Attorney General, Office of the Texas Attorney General,
P. O. Box 12548, Austin, Texas 78711-2548, (512) 463-2012, facsimile (512)
320-0911. Written comments must be received within 30 days of publication
of this notice to be considered.
For information regarding this publication, contact
Lauri Saathoff, Agency Liaison, at (512) 463-2096.
TRD-200700692
Stacey Napier
Deputy Attorney General
Office of the Attorney General
Filed: February 22, 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 16, 2007,
through February 22, 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 28,
2007. The public comment period for these projects will close at 5:00 p.m.
on March 30, 2007.
FEDERAL AGENCY ACTIONS:
Applicant: Jefferson County Waterway and Navigation
District
; Location: The project is located within Taylor Bayou, approximately
2 miles southwest of Port Arthur, in Jefferson County, Texas. The project
can be located on the U.S.G.S. quadrangle map entitled: Big Hill Bayou and
Port Arthur South, Texas. Approximate UTM Coordinates in NAD 27 (meters):
Zone 15; Easting: 403573; Northing: 3303681. Project Description: The applicant
proposes to remove and replace one of the three existing saltwater barrier/flood
control structures in lower Taylor Bayou with a new structure consisting of
four 'tainter' gates almost identical to the newer and adjacent floodgates.
The gate structures are located within three man-made channels that currently
convey all drainage for the Taylor Bayou watershed. The oldest existing structure
has been irreparably damaged over the last 7 years due to floods in 1998,
2001, 2002, 2003, and during Hurricane Rita in 2005. In order to replace the
existing structure, temporary sheet piling will be installed across the channel
30 feet upstream of the existing structure. The intervening 30 feet of channel
will be contoured and excavated 2 feet, then a concrete floor will be poured
within this area for the new structure and Type II revetment will be placed
across the channel for stabilization. The new structure will then be constructed
of concrete. Once complete, the temporary sheet piling and the old structure
will be removed. The applicant also proposes to install shoreline stabilization
(revetment mattress) along the currently unprotected portions of the channel
edges in the approach to the gate structure to prevent continued erosion.
An estimated 1,351 cubic yards (0.40 acre) of concrete fill will be used for
the floodgate structure and revetment work, with 989 cubic yards (0.61 acre)
of fill used as interlocking revetment mattress for shoreline stabilization.
CCC Project No.: 07-0114-F1; Type of Application: U.S.A.C.E. permit application
#SWG-2006-2539 is being evaluated under §10 of the Rivers and Harbors
Act of 1899 (33 U.S.C.A. §403) and §404 of the Clean Water Act (33
U.S.C.A. §1344).
Applicant: The Endeavour
; Location: The project
is located on Clear Lake, at 3901 NASA Parkway, east of the Kirby Drive intersection,
in Harris County, Texas. The project can be located on the U.S.G.S. quadrangle
map entitled: League City, Texas. Approximate UTM Coordinates in NAD 83 (meters):
Zone 15; Easting: 300185; Northing: 327239. Project Description: The applicant
proposes to construct a 28-slip marina facility and to discharge riprap for
erosion protection to provide aquatic recreation to a condominium project
currently under construction. The facility is comprised of a 131.5-foot-long
by 10-foot-wide boardwalk and two jet ski ramps along the existing concrete
bulkhead, a 243-foot-long by 8-foot-wide pier with a 149.9-foot-long by 34-foot-wide
T-head and twelve 40-foot-long by 4-foot-wide finger piers. In addition, 28
timber pilings will be installed between the finger piers to create the slips.
Two breakwaters will be constructed along the eastern side of the project
to have a 60-foot entrance to the marina. A 132-foot-long by 10-foot-wide
pier/breakwater will be constructed perpendicular to the bulkhead. A 100-foot-long
sheet pile breakwater will be installed 60 feet from the pier/breakwater.
The structure will total 12,031 square feet. In addition, the applicant proposes
to discharge 65 cubic yards of concrete riprap along 155 linear feet of the
existing concrete bulkhead to provide erosion protection. The discharge of
riprap will result in 0.04 acre of impact to open water. CCC Project No.:
07-0115-F1; Type of Application: U.S.A.C.E. permit application #SWG-2006-2545
is being evaluated under §10 of the Rivers and Harbors Act of 1899 (33
U.S.C.A. §403).
Applicant: Sunset Development, Inc.
; Location:
The project is located in wetlands adjacent to Seabrook Slough on a 3.6-acre
tract, southwest of the Todville Road and Hammer Street intersection, in Harris
County, Texas. The project can be located on the U.S.G.S. quadrangle map entitled:
League City, Texas. Approximate UTM Coordinates in NAD 27 (meters): Zone 15;
Easting: 304814; Northing: 3272203. Project Description: The applicant proposes
to discharge 782.85 cubic yards of fill material into 0.97 acre of waters
of the U.S. to construct a single-family residential development. The 0.97
acre of impact to jurisdictional waters of the U.S. is comprised of 0.83 acre
of emergent wetlands, 0.13 acre of headwaters, and 0.01 acre of intertidal
open water. The applicant proposes to compensate for impacts to 0.97 acre
of waters of the U.S. by restoring and enhancing wetlands within a 7.68-acre
area located in the northwest section of Horsepen Bayou within the Armand
Bayou Nature Center. The applicant will eradicate existing stands of Chinese
tallow and alligator weed. In addition, denuded areas will be planted with
California bulrush and limited experimental plantings of American wild celery.
The mitigation site is located in the Armand Bayou Nature Center, approximately
2,100 feet west of the confluence of Horsepen Bayou and Armand Bayou, in Harris
County, Texas. CCC Project No.: 07-0119-F1; Type of Application: U.S.A.C.E.
permit application #SWG-2007-26 is being evaluated under §10 of the Rivers
and Harbors Act of 1899 (33 U.S.C.A. §403) and §404 of the Clean
Water Act (33 U.S.C.A. §1344).
Applicant: City of Freeport
; Location: The
project is located on the Old Brazos River in downtown Freeport, Brazoria
County, Texas. The eastern project boundary is approximately 425 feet east
of the Pine Street Bridge. The project can be located on the U.S.G.S. quadrangle
map entitled: Freeport, Texas. Approximate UTM Coordinates in NAD 27 (meters):
Zone 15; Easting: 271427; Northing: 3204608. Project Description: The applicant
is proposing to construct the "Freeport Marina". The project would consist
of several major components: dredging along the shoreline of the Old Brazos
River adjacent to the project area, placement of bulkheads along the shoreline
within the project area, marina and dock construction, and activities that
would occur within upland areas, such as the construction of a dry stack storage
building and other associates marina facilities. Dredging Component. Dredging
would be required to provide adequate bottom clearance for boats that would
dock in the proposed marina and to remove commercial and industrial debris
that has accumulated along the shores of the Old Brazos River. The depth of
the water needs to be a minimum of 4 feet deep during low tides near the shoreline
to meet project requirements. Dredging would occur adjacent to the shoreline
within an area approximately 1,450 feet long and would extend out from the
shoreline approximately 10 to 15 feet. Approximately 6,500 cubic yards of
dredge material would be removed from the river bottom. The dredging would
be conducted using a drag line, equipped with a 120-foot boom. Based on visual
observation of the shoreline during low tide, it is assumed that a large amount
of metal debris, demo material and trash is located underwater where dredging
activities would occur. Due to the large amount of metal debris and demo material
that is expected to be removed during dredging, dredge material would not
be dried before being transported to an upland dredge material placement area
(DMPA). Instead, dredge material, as well as the debris, would be placed in
disposal containers immediately after being removed from the river. These
containers would then be hauled to an upland permitted waste disposal site.
Bulkhead Component. The proposed 1,450-linear-foot bulkhead would be constructed
along the shoreline and would not extend past these boundaries; therefore,
fill material would not be required within waters of the U.S. The bulkhead
would be constructed of a PVC/composite material that would most likely be
pile-driven into the shoreline. Marina Components (Boat Docks and Slips).
Several old docks and slips were located within the project area. In place
of these old docks, the applicant proposes to construct seven docks and a
staging area. Docks A, B, C, and D would be constructed perpendicular to the
shoreline while Docks E, F, and G, and the staging area, would be constructed
parallel to the Pine Street Bridge. Dock A would be an 8-foot-wide, single
finger pier with side-tie slips. Each of the docks labeled B through G would
include a main 8-foot-wide walkway with finger piers varying in width between
4 feet and 6 feet, and in length between 35 and 60 feet. The finger piers
would be situated perpendicular to the main walkway and spaced at varying
distances from 15 feet to 50 feet depending on the dock, thus providing an
assortment of various sized boat slips for mooring. Two boat slips would be
created between each of the finger piers. A total of 165 slips would be provided
by the project. Slips along the docks would be available for rent by the hour,
day, week, month, season, or year. Pilings for the docks would be spaced approximately
40 feet apart along the main walkway, and at the end of each finger pier.
Associated Upland Components. Facilities associated with the marina include
dry stack storage, boat racks, a marina office and store, utilities, parking
lots, walkways, underground fuel tanks, and lifts to lower boats into the
river at the staging area. No boat ramps would be included with the construction
of the project. CCC Project No.: 07-0120-F1; Type of Application: U.S.A.C.E.
permit application #24430 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-200700751
Larry L. Laine
Chief Clerk/Deputy Land Commissioner
Coastal Coordination Council
Filed: February 26, 2007
Notice of Award
The Comptroller of Public Accounts, State Energy Conservation Office (SECO)
announces this notice of award of a contract for the development of a teacher
education training and outreach program for the Innovative Energy Demonstration
Program. The contract was awarded to Texas Solar Energy Society, P.O. Box
1447, Austin, Texas 78767.
The notice of request for proposals (RFP #175p) was published in the May
5, 2006, issue of the
Texas Register
(31 TexReg
3724). The total amount of the contract is not to exceed $83,042.00. The term
of the contract is February 23, 2007 through July 1, 2008.
TRD-200700757
Pamela Smith
Deputy General Counsel for Contracts
Comptroller of Public Accounts
Filed: February 26, 2007
Notice of Request for Proposals: Pursuant to §1201.027, Texas Government
Code; Chapter 2254, Subchapter B, Texas Government Code; and Chapter 404,
Subchapter H, Texas Government Code, the Comptroller of Public Accounts (Comptroller)
announces its Request for Proposals (RFP #178a) from qualified, independent
firms to serve as Financial Advisor to the Comptroller. The Comptroller desires
to obtain the services of a Financial Advisor related to the document preparation,
issuance, sale, and delivery of Tax and Revenue Anticipation Notes, including
Commercial Paper Notes (Notes) as well as assistance in handling of disclosure
issues relating to the Notes. The successful respondent will be expected to
begin performance of the contract on or about May 1, 2007.
Contact: Parties interested in submitting a proposal should contact Thomas
H. Hill, Assistant General Counsel, Contracts, Comptroller of Public Accounts,
111 E. 17th St., RM G-24, Austin, Texas 78774, telephone number: (512) 305-8673,
to obtain a copy of the RFP. The Comptroller will mail copies of the RFP only
to those specifically requesting a copy. The RFP will be available for pick-up
at the above-referenced address on March 9, 2007, between 2:00 p.m. and 5:00
p.m., Central Zone Time (CZT), and during normal business hours thereafter.
The Comptroller will also make the RFP available electronically on the Electronic
State Business Daily after Friday, March 9, 2007, 2:00 p.m. (CZT).
Questions and Non-Mandatory Letters of Intent: All written inquiries, questions,
and non-mandatory Letters of Intent to propose must be received at the above-referenced
address not later than 2:00 p.m. (CZT) on Friday, March 23, 2007. Prospective
respondents are encouraged to fax or e-mail non-mandatory Letters of Intent
and Questions to (512) 475-0973 or contracts@cpa.state.tx.us to ensure timely
receipt. The Letter of Intent must be addressed to Thomas H. Hill, Assistant
General Counsel, Contracts, and must contain the information as stated in
the corresponding Section of the RFP and be signed by an official of that
entity. Non-mandatory Letters of Intent and Questions received after this
time and date will not be considered. On or about Friday, March 30, 2007,
the Comptroller expects to post responses to questions as a revision to the
Electronic State Business Daily notice on the issuance of this RFP.
Closing Date: Proposals must be delivered to the Office of the Assistant
General Counsel, Contracts, at the location specified above (ROOM G-24) no
later than 2:00 p.m. (CZT), on Friday, April 13, 2007. Proposals received
in ROOM G-24 after this time and date will not be considered regardless of
the reason for the late delivery and receipt. Respondents are encouraged to
verify and are solely responsible for verifying timely receipt of proposals
in that office (ROOM G-24).
Evaluation Criteria: Proposals will be evaluated under the evaluation criteria
outlined in the RFP. The Comptroller shall make the final decision on any
contract award or awards resulting from this RFP.
The Comptroller reserves the right, in its sole discretion, to accept or
reject any or all proposals submitted. The Comptroller is not obligated to
award or execute any contracts on the basis of this notice or the distribution
of any RFP. The Comptroller shall not pay for any costs incurred by any entity
in responding to this notice or the RFP.
The anticipated schedule of events is as follows: Issuance of RFP - March
9, 2007, 2:00 p.m. CZT; Non-Mandatory Letter of Intent to propose and Questions
Due - March 23, 2007, 2:00 p.m. CZT; Official Responses to Questions posted
- March 30, 2007, or as soon thereafter as practical; Proposals Due - April
13, 2007, 2:00 p.m. CZT, Contract Execution - May 1, 2007, or as soon thereafter
as practical; and Commencement of Project Activities - May 1, 2007.
TRD-200700793
Pamela G. Smith
Deputy General Counsel for Contracts
Comptroller of Public Accounts
Filed: February 28, 2007
Notice of Request for Proposals: Pursuant to §1201.027, Texas Government
Code; Chapter 2254, Subchapter A, Texas Government Code; and Chapter 404,
Subchapter H, Texas Government Code, the Comptroller of Public Accounts (Comptroller)
announces its Request for Proposals (RFP 178b) from qualified, independent
law firms to serve as Bond Counsel to the Comptroller. The Comptroller desires
to obtain the services of Bond Counsel in connection with a variety of issues
related to the issuance, sale, and delivery of Tax and Revenue Anticipation
Notes, including Commercial Paper Notes (Notes) as well as assisting in handling
all disclosure issues relating to the Notes. The successful respondent will
be expected to begin performance of the contract on or about May 1, 2007.
Contact: Parties interested in submitting a proposal should contact Thomas
H. Hill, Assistant General Counsel, Contracts, Comptroller of Public Accounts,
111 E. 17th St., RM G-24, Austin, Texas 78774, telephone number: (512) 305-8673,
to obtain a copy of the RFP. The Comptroller will mail copies of the RFP only
to those specifically requesting a copy. The RFP will be available for pick-up
at the above-referenced address on March 9, 2007, between 2:00 p.m. and 5:00
p.m., Central Zone Time (CZT), and during normal business hours thereafter.
The Comptroller will also make the RFP available electronically on the Electronic
State Business Daily after Friday, March 9, 2007, 2:00 p.m. (CZT).
Questions and Non-Mandatory Letters of Intent: All written inquiries, questions,
and non-mandatory Letters of Intent to propose must be received at the above-referenced
address not later than 2:00 p.m. (CZT) on Friday, March 23, 2007. Prospective
respondents are encouraged to fax or e-mail non-mandatory Letters of Intent
and Questions to (512) 475-0973 or contracts@cpa.state.tx.us to ensure timely
receipt. The Letter of Intent must be addressed to Thomas H. Hill, Assistant
General Counsel, Contracts, and must contain the information as stated in
the corresponding Section of the RFP and be signed by an official of that
entity. Non-mandatory Letters of Intent and Questions received after this
time and date will not be considered. On or about Friday, March 30, 2007,
the Comptroller expects to post responses to questions as a revision to the
Electronic State Business Daily notice on the issuance of this RFP.
Closing Date: Proposals must be delivered to the Office of the Assistant
General Counsel, Contracts, at the location specified above (ROOM G-24) no
later than 2:00 p.m. (CZT), on Friday, April 13, 2007. Proposals received
in ROOM G-24 after this time and date will not be considered regardless of
the reason for the late delivery and receipt. Respondents are encouraged to
and solely responsible for verifying timely receipt of proposals in that office
(ROOM G-24).
Evaluation Criteria: Proposals will be evaluated under the evaluation criteria
outlined in the RFP. The Comptroller shall make the final decision on any
contract award or awards resulting from this RFP.
The Comptroller reserves the right, in its sole discretion, to accept or
reject any or all proposals submitted. The Comptroller is not obligated to
award or execute any contracts on the basis of this notice or the distribution
of any RFP. The Comptroller shall not pay for any costs incurred by any entity
in responding to this notice or the RFP.
The anticipated schedule of events is as follows: Issuance of RFP - March
9, 2007, 2:00 p.m. CZT; Non-Mandatory Letter of Intent to propose and Questions
Due - March 23, 2007, 2:00 p.m. CZT; Official Responses to Questions posted
- March 30, 2007, or as soon thereafter as practical; Proposals Due - April
13, 2007, 2:00 p.m. CZT, Contract Execution - May 1, 2007, or as soon thereafter
as practical; and Commencement of Project Activities - May 1, 2007.
TRD-200700794
Pamela G. Smith
Deputy General Counsel for Contracts
Comptroller of Public Accounts
Filed: February 28, 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,
303.005, 303.008, 303.009, 304.003, and 346.101. Texas Finance Code.
The weekly ceiling as prescribed by §303.003 and §303.009 for
the period of 03/05/07 - 03/11/07 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 03/05/07 - 03/11/07 is 18% for Commercial over $250,000.
The monthly ceiling as prescribed by §303.005 and §303.0093
for the period of 03/01/07 - 03/31/07 is 18% for
Consumer/Agricultural/Commercial/credit through $250,000.
The monthly ceiling as prescribed by §303.005 and §303.009 for
the period of 03/01/07 - 03/31/07 is 18% for Commercial over $250,000.
The standard quarterly rate as prescribed by §303.008 and §303.009
for the period of 04/01/07 - 06/30/07 is 18% for Consumer/Agricultural/Commercial/credit
through $250,000.
The standard quarterly rate as prescribed by §303.008 and §303.009
for the period of 04/01/07 - 06/30/07 is 18% for Commercial over $250,000.
The retail credit card quarterly rate as prescribed by §303.009 1
for the period of 04/01/07 - 06/30/07 is 18% for
Consumer/Agricultural/Commercial/credit through $250,000.
The lender credit card quarterly rate as prescribed by §346.101 Texas
Finance Code
1
for the period of 04/01/07 - 06/30/07
is 18% for Consumer/Agricultural/Commercial/credit through $250,000.
The standard annual rate as prescribed by §303.008 and §303.0094
for the period of 04/01/07 - 06/30/07 is 18% for
Consumer/Agricultural/Commercial/credit through $250,000.
The standard annual rate as prescribed by §303.008 and §303.009
for the period of 04/01/07 - 06/30/07 is 18% for Commercial over $250,000.
The retail credit card annual rate as prescribed by §303.0091
for the period of 04/01/07 - 06/30/07 is 18% 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 Consumer/Agricultural/Commercial/credit through $250,000.
The judgment ceiling as prescribed §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.
3
For variable rate commercial transactions
only.
4
Only for open-end credit as defined in §301.002(14),
Texas Finance Code.
TRD-200700763
Leslie L. Pettijohn
Commissioner
Office of Consumer Credit Commissioner
Filed: February 27, 2007
Certification of Court Reporters
Following the examination of applicants on January 26, 2007, the Texas
Court Reporters Certification Board certified to the Supreme Court of Texas
the following individuals who are qualified in the method indicated to practice
shorthand reporting pursuant to Chapter 52 of the Texas Government Code, V.T.C.A.:
MACHINE SHORTHAND: GINA OERTLI - JACKSONVILLE, FL; JILL STEPHENS - VALENCIA,
CA; DEBORAH ROGERS - CORDOVA, TN; ANGIE RODRIGUEZ - ARANSAS PASS, TX; MELVA
KEY - PLANO, TX; VERTRICE JENNINGS - RED OAK, TX; AMANDA MCGUIRE - IRVING,
TX; MICHAEL JENKINS - ATHENS, TX; MERCEDES SANDOVAL - FARMERSVILLE, TX; KARA
KELLER - JACKSON, MS; CARREN DURAN - GARLAND, TX; LAURA ZAPATA - GARLAND,
TX; CLARISSA LOPEZ - CORPUS CHRISTI, TX; CALE MCCABE - HOUSTON, TX; LYNNE
HOMAN - SAN ANTONIO, TX; SARA DUNMAN - SPRING, TX; and SHANNA MCKAY - LEAGUE
CITY, TX.
Following the examination of applicants on January 26, 2007, the Texas
Court Reporters Certification Board certified to the Supreme Court of Texas
the following individuals who are qualified in the method indicated to practice
shorthand reporting pursuant to Chapter 52 of the Texas Government Code, V.T.C.A.:
ORAL STENOGRAPHY: ALICIA FRANKLIN - CORINTH, TX; JANET GARRETT - FT. WORTH,
TX; ANNMARIE VILLINES - EULESS, TX; and AMBER JOHNSON - GRAND PRAIRIE, TX.
TRD-200700758
Sheryl Jones
Administrator of Licensing
Court Reporters Certification Board
Filed: February 26, 2007
Request for Applications Concerning Professional Development for Schools, Teachers, Administrators and Regions (STAR) Grant
Eligible Applicants. High-need local educational agencies (LEAs) or eligible
local partnerships are eligible to apply for the Professional Development
for Schools, Teachers, Administrators and Regions (STAR) grants under Request
for Applications (RFA) #701-07-106. For the purposes of this grant, a high-need
LEA is defined as (a) an LEA serving at least 2,500 students from families
with incomes below the poverty line or serving a student population with more
than 22 percent of students from families with incomes below the poverty line
as identified by 2003 census data, and (b) serving at least one school identified
under Title I as in need of improvement or corrective action or having a substantial
need for assistance in acquiring and using technology as reflected on the
Texas Campus STaR Chart. An eligible partnership must include at least one
high-need LEA and at least one of the following: (1) an LEA that can demonstrate
that teachers are effectively integrating technology and proven teaching practices
into instruction, based on a review of relevant research, and that the integration
results in improvement in classroom instruction in the core academic subjects
and the preparation of students to meet challenging state academic content
and student academic achievement standards; (2) an institution of higher education
that is in full compliance with the reporting requirements of the Higher Education
Act of 1965, Section 207(f), as amended, and that has not been identified
by the state as low performing under that act; (3) a for-profit business or
organization that develops, designs, manufactures, or produces technology
products or services or has substantial expertise in the application of technology
in instruction; or (4) a public or private nonprofit organization with demonstrated
expertise in the application of educational technology in instruction. The
partnership may also include other LEAs, education service centers (ESCs),
libraries, or other educational entities appropriate to provide local programs.
If an eligible local partnership applies, a public school district, open-enrollment
charter school, or ESC must serve as the fiscal agent of the partnership.
Description. To meet the needs of Texas students and prepare them for success
in the 21st century, Texas must devote significant time and resources for
the adequate preparation of and ongoing professional development for all educators.
A comprehensive professional development program is imperative to ensure sustained
leadership and meet the needs of teachers by providing integration strategies
applicable for each subject area and grade level. In order to make systemic
changes in the way teachers teach and students learn, it is necessary to encourage
and sustain a comprehensive professional development program. This change
must include careful planning, supportive leadership, and data-driven decision
making. Schools must operate as professional learning communities that enable
their members to discuss problems and to develop strategies for dealing with
those problems. They must involve all stakeholders in creating and sustaining
professional learning communities. Opportunities for professional development
must be provided in the school, district, and region in order to facilitate
successful learning communities. High quality professional learning on an
ongoing basis can leverage improvement in professional practice and increased
student achievement.
Dates of Project. Applicants should plan for a starting date of no earlier
than September 1, 2007, and an ending date of no later than June 30, 2009,
for the project. The project ending date cannot be extended beyond June 30,
2009, due to any circumstance.
Project Amount. It is anticipated that funding will be provided for approximately
50 projects, in amounts ranging from $50,000 to $500,000. This project is
funded 100 percent from the Elementary and Secondary Education Act, Title
II, Part D.
Selection Criteria. Applications will be funded based on the assessment
of each applicant's ability to carry out all requirements contained in the
RFA. Applications must address each requirement as specified in the RFA to
be considered for funding. The TEA reserves the right to select from the applications
those that address all requirements in the RFA and that are most advantageous
to the project.
The TEA is not obligated to approve an application, provide funds, or endorse
any application submitted in response to this RFA. This RFA does not commit
TEA to pay any costs before an application is approved. The issuance of this
RFA does not obligate TEA to award a grant or pay any costs incurred in preparing
a response.
Requesting the Application. A complete copy of RFA #701-07-106 may be obtained
by writing the Document Control Center, Room 6-108, Texas Education Agency,
William B. Travis Building, 1701 North Congress Avenue, Austin, Texas 78701;
by calling (512) 463-9304; by faxing (512) 463-9811; or by e-mailing dcc@tea.state.tx.us.
Please refer to the RFA number and title in your request. Provide your name,
complete mailing address, and phone number including area code. The announcement
letter and complete RFA will be posted on the TEA website at http://burleson.tea.state.tx.us/GrantOpportunities/forms/
for viewing and downloading.
Further Information. For clarifying information about the RFA, contact
Kathy Mihalik, Texas Education Agency, (512) 463-9269.
Deadline for Receipt of Applications. Applications must be received in
the Document Control Center of the Texas Education Agency by 5:00 p.m. (Central
Time), Thursday, April 26, 2007, to be considered for funding.
TRD-200700804
Cristina De La Fuente-Valadez
Director, Policy Coordination
Texas Education Agency
Filed: February 28, 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 9, 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 9, 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: Alina & Zainab, Inc. dba Sawdust Chevron; DOCKET NUMBER:
2006-2020-PST-E; IDENTIFIER: RN101619658; LOCATION: Spring, Montgomery County,
Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline;
RULE VIOLATED: 30 Texas Administrative Code (TAC) §37.815(a) and (b),
by failing to demonstrate acceptable financial assurance; 30 TAC §334.50(b)(2)
and (b)(2)(A)(i)(III) and the Code, §26.3475(a), by failing to conduct
proper release detection and by failing to test the line leak detectors; 30
TAC §115.248(1) and Texas Health & Safety Code (THSC), §382.085(b),
by failing to ensure that at least one station representative received training
in the operation and maintenance of the Stage II vapor recovery system (VRS);
30 TAC §115.246(1), (3), and (5) and THSC, §382.085(b), by failing
to maintain records on site of all required Stage I and Stage II records;
30 TAC §334.8(c)(5)(A)(i) and the Code, §26.3467(a), by failing
to make available to a common carrier a valid, current TCEQ delivery certificate;
and 30 TAC §334.8(c)(4)(A)(vii) and (c)(5)(B)(ii), by failing to renew
a delivery certificate by timely and proper submission of a complete underground
storage tank (UST) registration and self-certification form; PENALTY: $9,200;
ENFORCEMENT COORDINATOR: Judy Kluge, (817) 588-5800; REGIONAL OFFICE: 5425
Polk Avenue, Suite H, Houston, Texas 77020-1486, (713) 767-3500.
(2) COMPANY: Tracy L. Baccus; DOCKET NUMBER: 2006-1982-OSI-E; IDENTIFIER:
RN103393310; LOCATION: Itasca, Hill County, Texas; TYPE OF FACILITY: on-site
sewage; RULE VIOLATED: 30 TAC §285.61(4) and THSC, §366.051(c) and §366.054,
by failing to obtain documentation that the owner, or owner's agent, had the
permitting authority's authorization to construct; PENALTY: $187; ENFORCEMENT
COORDINATOR: Samuel Short, (512) 239-5363; REGIONAL OFFICE: 6801 Sanger Avenue,
Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.
(3) COMPANY: Calabrian Corporation; DOCKET NUMBER: 2006-1972-IWD-E; IDENTIFIER:
RN101645018; LOCATION: Port Neches, Jefferson County, Texas; TYPE OF FACILITY:
wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), Texas Pollutant
Discharge Elimination System (TPDES) Permit Number WQ0004731000, Effluent
Limitations and Monitoring Requirements Number 1, and the Code, §26.121(a),
by failing to comply with permitted effluent limitations; PENALTY: $4,110;
ENFORCEMENT COORDINATOR: Laurie Eaves, (512) 239-4495; REGIONAL OFFICE: 3870
Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.
(4) COMPANY: Econo Lube N' Tune, Inc.; DOCKET NUMBER: 2006-1976-PST-E;
IDENTIFIER: RN100703420; LOCATION: Irving, Dallas County, Texas; TYPE OF FACILITY:
oil changing; RULE VIOLATED: 30 TAC §334.50(b)(1)(A) and the Code, §26.3475(c)(1),
by failing to monitor the UST for releases; and 30 TAC §334.22(a) and
the Code, §5.702, by failing to pay outstanding UST fees; PENALTY: $2,500;
ENFORCEMENT COORDINATOR: Patricia Chawla, (512) 239-0739; REGIONAL OFFICE:
2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(5) COMPANY: James L. Emmot; DOCKET NUMBER: 2006-2019-LII-E; IDENTIFIER:
RN104222567; LOCATION: San Antonio, Bexar County, Texas; TYPE OF FACILITY:
landscape irrigation business; RULE VIOLATED: 30 TAC §30.5(a) and (b)
and §344.4, Texas Occupations Code, §1903.251, and the Code, §37.003,
by failing to hold an irrigator license prior to advertising, selling, designing,
consulting, installing, maintaining, altering, and repairing or servicing
an irrigation system; PENALTY: $625; ENFORCEMENT COORDINATOR: Cari-Michel
LaCaille, (512) 239-1387; REGIONAL OFFICE: 14250 Judson Road, San Antonio,
Texas 77703-1892, (210) 490-3096.
(6) COMPANY: Energy Transfer Fuel, LP; DOCKET NUMBER: 2006-2255-AIR-E;
IDENTIFIER: RN100214501; LOCATION: Anderson County, Texas; TYPE OF FACILITY:
natural gas compression station; RULE VIOLATED: 30 TAC §122.146(2), Federal
Operating Permit (FOP) Number O-02457, General Terms and Conditions, and THSC, §382.085(b),
by failing to submit an annual compliance certification; PENALTY: $1,875;
ENFORCEMENT COORDINATOR: Lindsey Jones, (512) 239-4930; REGIONAL OFFICE: 2916
Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.
(7) COMPANY: Jose Herrera, Jr.; DOCKET NUMBER: 2007-0243-PWS-E; IDENTIFIER:
RN105118954; LOCATION: Alice, Jim Wells County, Texas; TYPE OF FACILITY: public
water supply; RULE VIOLATED: 30 TAC §30.5(a), by failing to obtain a
required occupational license; PENALTY: $210; ENFORCEMENT COORDINATOR: Melissa
Keller, (512) 239-1786; REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus
Christi, Texas 78412-5503, (361) 825-3100.
(8) COMPANY: IBM, Inc. dba Stop & Save; DOCKET NUMBER: 2006-1977-PST-E;
IDENTIFIER: RN102858974; 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; and 30 TAC §115.246(1) and (3) and
THSC, §382.085(b), by failing to maintain records for the Stage II VRS;
PENALTY: $3,325; ENFORCEMENT COORDINATOR: Philip DeFrancesco, (817) 588-5800;
REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(9) COMPANY: Lucite International, Inc.; DOCKET NUMBER: 2006-2104-AIR-E;
IDENTIFIER: RN102736089; LOCATION: Nederland, Jefferson County, Texas; TYPE
OF FACILITY: petrochemical plant; RULE VIOLATED: 30 TAC §101.201(a)(1)(A)
and THSC, §382.085(b), by failing to report no later than 24 hours after
the discovery of an emissions event; and 30 TAC §116.115(b)(2)(F) and
(c), Air Permit Number 19003, Special Condition 3, FOP Number 1437, Special
Terms and Conditions 12, and THSC, §382.085(b), by failing to prevent
unauthorized emissions; PENALTY: $2,600; Supplemental Environmental Project
(SEP) offset amount of $1,040 applied to Jefferson County: Retrofit/Replacement
of Heavy Equipment and Vehicles with Alternative Fueled Equipment and Vehicles;
ENFORCEMENT COORDINATOR: John Barry, (409) 898-3838; REGIONAL OFFICE: 3870
Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.
(10) COMPANY: McLane Company, Inc. dba McLane High Plains; DOCKET NUMBER:
2007-0244-PST-E; IDENTIFIER: RN101899235; LOCATION: Lubbock County, Texas;
TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED:
30 TAC §334.8(c)(5)(A)(i), by failing to possess a valid TCEQ delivery
certificate prior to receiving fuel; PENALTY: $875; ENFORCEMENT COORDINATOR:
Melissa Keller, (512) 239-1768; REGIONAL OFFICE: 4630 50th Street, Suite 600,
Lubbock, Texas79414-3520, (903) 535-5100.
(11) COMPANY: Linh Nguyen dba P&H Food 2; DOCKET NUMBER: 2006-1803-PST-E;
IDENTIFIER: RN101434199; LOCATION: Houston, Harris County, Texas; TYPE OF
FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED:
30 TAC §334.50(b)(1)(A) and (b)(2)(A)(ii) and the Code, §26.3475(a)
and (c)(1), by failing to monitor USTs for releases and by failing to provide
proper release detection; and 30 TAC §37.815(a) and (b), by failing to
demonstrate financial assurance; PENALTY: $5,625; ENFORCEMENT COORDINATOR:
Philip DeFrancesco, (817) 588-5800; REGIONAL OFFICE: 5425 Polk Avenue, Suite
H, Houston, Texas 77023-1486, (713) 767-3500.
(12) COMPANY: PD Glycol LP; DOCKET NUMBER: 2006-2102-AIR-E; IDENTIFIER:
RN100825413; LOCATION: Beaumont, Jefferson County, Texas; TYPE OF FACILITY:
petrochemical plant; RULE VIOLATED: 30 TAC §116.115(c), Air Permit 8639,
Special Conditions 3A and B, FOP Number 2190, Special Terms and Conditions
9, and THSC, §382.085(b), by failing to prevent unauthorized emissions;
PENALTY: $2,875; ENFORCEMENT COORDINATOR: John Barry, (409) 898-3838; REGIONAL
OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.
(13) COMPANY: Penreco Partnership; DOCKET NUMBER: 2006-1820-AIR-E; IDENTIFIER:
RN100221282; LOCATION: Dickinson, Galveston County, Texas; TYPE OF FACILITY:
petroleum and coal products; RULE VIOLATED: 30 TAC §101.10(e) and THSC, §382.085(b),
by failing to submit the 2004 emission inventory report; 30 TAC §116.115(c),
Permit Number 36481, Special Conditions 4, 6E, and 6I, and THSC, §382.085(b),
by failing to maintain caps or blind flanges on open-ended lines, by failing
to repair leaking components, and by failing to perform weekly sampling of
the thermal oxidizer; 30 TAC §117.219(f)(6)(B) and (f)(10) and THSC, §382.085(b),
by failing to maintain complete engine operation and testing records; 30 TAC §117.213(a)(1)(B)(i)
and THSC, §382.085(b), by failing to install an additional totalizing
flow meter; 30 TAC §101.201(e) and THSC, §382.085(b), by failing
to notify and keep complete emissions event records for soda ash unloading
events; and 30 TAC §111.111(a)(1) and THSC, §382.085(b), by failing
to control particulate emissions; PENALTY: $68,586; Supplemental Environmental
Project (SEP) offset amount of $27,434 applied to Houston-Galveston AERCO's
Clean Cities/Clean Vehicles Program; ENFORCEMENT COORDINATOR: Miriam Hall,
(512) 239-1044; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas
77023-1486, (713) 767-3500.
(14) COMPANY: Total Petrochemicals USA, Inc.; DOCKET NUMBER: 2006-2092-AIR-E;
IDENTIFIER: RN100212109; LOCATION: La Porte, Harris County, Texas; TYPE OF
FACILITY: petrochemical manufacturing plant; RULE VIOLATED: 30 TAC §115.722(c)(1)
and §116.115(c), Air Permit Number 21538, Special Condition Numbers 6
and 12B, 40 Code of Federal Regulations (CFR) §60.18(c)(2), and THSC, §382.085(b),
by failing to prevent unauthorized emissions; PENALTY: $21,750; ENFORCEMENT
COORDINATOR: Rebecca Johnson, (713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue,
Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(15) COMPANY: Rental Service Corporation; DOCKET NUMBER: 2006-1969-AIR-E;
IDENTIFIER: RN102382041; LOCATION: El Paso, El Paso County, Texas; TYPE OF
FACILITY: equipment rental company; 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: $1,200; ENFORCEMENT COORDINATOR: Rebecca Johnson,
(713) 767-3500; REGIONAL OFFICE: 401 East Franklin Avenue, Suite 560, El Paso,
Texas 79901-1206, (915) 834-4949.
(16) COMPANY: Rosamond Corporation dba JRS Mart; DOCKET NUMBER: 2006-1950-PST-E;
IDENTIFIER: RN101885911; LOCATION: Houston, Harris 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; 30 TAC §334.50(b)(2) and (b)(2)(A)(i)(III)
and the Code, §26.3475(a), by failing to provide proper release detection
and by failing to test the line leak detectors; and 30 TAC §115.242(3)
and THSC, §382.085(b), by failing to maintain the Stage II VRS in proper
operating condition; PENALTY: $6,300; ENFORCEMENT COORDINATOR: Rebecca Johnson,
(713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas
77023-1486, (713) 767-3500.
(17) COMPANY: Saint-Gobain Vetrotex America, Inc.; DOCKET NUMBER: 2004-1786-AIR-E;
IDENTIFIER: RN100218601 and Air Account Number WH0014S; LOCATION: Wichita
Falls, Wichita County, Texas; TYPE OF FACILITY: fiberglass manufacturing plant;
RULE VIOLATED: 30 TAC §116.115(c)(1), Permit Number 5667, Special Condition
1, and THSC, §382.085(b), by failing to meet the carbon monoxide emission
limit; PENALTY: $3,100; ENFORCEMENT COORDINATOR: Trina Grieco, (210) 490-3096;
REGIONAL OFFICE: 1977 Industrial Boulevard, Abilene, Texas 79602-7833, (915)
698-9674.
(18) COMPANY: City of Tenaha; DOCKET NUMBER: 2006-2090-MWD-E; IDENTIFIER:
RN102844560; LOCATION: Shelby County, Texas; TYPE OF FACILITY: domestic wastewater
treatment system; RULE VIOLATED: 30 TAC §305.125(1) and (17), TPDES Permit
Number WQ0010818001, Effluent Limitations and Reporting Requirements Number
1 and Sludge Provisions, and the Code, §26.121(a), by failing to comply
with permitted effluent limitations and by failing to submit the annual sludge
report; PENALTY: $5,010; Supplemental Environmental Project (SEP) offset amount
of $4,008 applied to Texas Association of Resource Conservation and Development
Areas, Inc. ("RC&D") - Wastewater Treatment Assistance; ENFORCEMENT COORDINATOR:
Lynley Doyen, (512) 239-1364; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont,
Texas 77703-1892, (409) 898-3838.
(19) COMPANY: Wholesale Electric Supply Company, Inc.; DOCKET NUMBER: 2007-0245-PST-E;
IDENTIFIER: RN102859519; LOCATION: Harris County, Texas; TYPE OF FACILITY:
fleet refueling; RULE VIOLATED: 30 TAC §334.8(c)(5)(A)(i), by failing
to possess a valid TCEQ delivery certificate prior to receiving fuel; PENALTY:
$875; ENFORCEMENT COORDINATOR: Melissa Keller, (512) 239-1768; REGIONAL OFFICE:
5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
TRD-200700777
Mary R. Risner
Director, Litigation Division
Texas Commission on Environmental Quality
Filed: February 27, 2007
Notices issued February 21, 2007 through February 27, 2007.
TCEQ Internal Control No. 01082007-D02; The Stoddard Group, Ltd. and TMI,
Inc. (Petitioner) filed a petition for creation of Fort Bend County Municipal
Utility District No. 169 (District) with the Texas Commission on Environmental
Quality (TCEQ). The petition was filed pursuant to Article XVI, Section 59
of the Constitution of the State of Texas; Chapters 49 and 54 of the Texas
Water Code; 30 Texas Administrative Code Chapter 293; and the procedural rules
of the TCEQ. The petition states the following: (1) the Petitioner is the
owner of a majority in value of the land to be included in the proposed District;
(2) there is one lien holder, Capital Farm Credit, FLCA, on the property to
be included in the proposed District, and the Petitioner has provided the
TCEQ with a certificate evidencing its consent to the creation of the proposed
District; (3) the proposed District will contain approximately 320.9 acres
of land located in Fort Bend County, Texas; and (4) the proposed District
is entirely within the corporate boundaries of the City of Fulshear, 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
of the State of Texas. By Resolution No. 06-135, effective December 19, 2006,
the City of Fulshear, 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
$11,415,000.
TCEQ Internal Control No. 09192006-D09; Commons of Lake Houston, LTD. (Petitioner)
filed a petition for creation of Harris County Municipal Utility District
No. 415 (District) with the Texas Commission on Environmental Quality (TCEQ).
The petition was filed pursuant to Article XVI, Section 59 of the Constitution
of the State of Texas; Chapters 49 and 54 of the Texas Water Code; 30 Texas
Administrative Code Chapter 293; and the procedural rules of the TCEQ. The
petition states the following: (1) the Petitioner is the owner of a majority
in value of the land to be included in the proposed District; (2) there is
one lien holder, Capital Farm Credit, FLCA, on the property to be included
in the proposed District, and the Petitioner has provided the TCEQ with a
certificate evidencing Capital Farm Credit, FLCA's consent to the creation
of the proposed District; (3) the proposed District will contain approximately
411.81 acres located within Harris County, Texas; and (4) the proposed District
is within the city corporate limits and extraterritorial jurisdiction of the
City of Houston, Texas, and no portion of land within the proposed District
is within the corporate limits or extraterritorial jurisdiction of any other
city, town or village in Texas. By Ordinance No. 2006-908, effective September
5, 2006, the City of Houston, 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 $21,700,000.
TCEQ Internal Control No. 12072006-D04; SH 288/Airport 105, Ltd. and SH
288/Reed 102, Ltd. (Petitioner) filed a petition for creation of Harris County
Municipal Utility District No. 451 (District) with the Texas Commission on
Environmental Quality (TCEQ). The petition was filed pursuant to Article XVI,
Section 59 of the Constitution of the State of Texas; Chapters 49 and 54 of
the Texas Water Code; 30 Texas Administrative Code Chapter 293; and the procedural
rules of the TCEQ. The petition states the following: (1) the Petitioner is
the owner of a majority in value of the land to be included in the proposed
District; (2) there is one lien holder, Woodforest National Bank, on the property
to be included in the proposed District, and the Petitioner has provided the
TCEQ with a certificate evidencing its consent to the creation of the proposed
District; (3) the proposed District will contain approximately 203.3 acres
of land located in Harris County, Texas; and (4) the proposed District is
entirely within the corporate boundaries of the City of Houston, Texas, and
no portion of land within the proposed District is within the corporate limits
or extraterritorial jurisdiction of any other city, town, or village of the
State of Texas. By Ordinance No. 2006-1007, effective October 30, 2006, the
City of Houston, 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 $13,590,000.
TCEQ Internal Control No. 10092006-D05; Larry S. Olson (Petitioner) filed
a petition for creation of New Sweden Municipal Utility District No. 3 of
Travis County (District) with the Texas Commission on Environmental Quality
(TCEQ). The petition was filed pursuant to Article XVI, Section 59 of the
Constitution of the State of Texas; Chapters 49 and 54 of the Texas Water
Code; 30 Texas Administrative Code Chapter 293; and the procedural rules of
the TCEQ. The petition states the following: (1) the Petitioner holds title
to a majority in value of the land to be included in the proposed District;
(2) there are no lien holders on the property owned by the petitioner; (3)
the proposed District will contain approximately 355.8 acres located in Travis
County, Texas; and (4) no portion of the proposed District is within the corporate
limits or extraterritorial jurisdiction of any city, town, or village. According
to the petition, the Petitioners have 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 $32,875,000.
TCEQ Internal Control No. 12042006-D06; MRA Northeast, L.P. (Petitioner)
filed a petition for creation of Harris County Municipal Utility District
No. 429 (District) with the Texas Commission on Environmental Quality (TCEQ).
The petition was filed pursuant to Article XVI, Section 59 of the Constitution
of the State of Texas; Chapters 49 and 54 of the Texas Water Code; 30 Texas
Administrative Code Chapter 293; and the procedural rules of the TCEQ. The
petition states the following: (1) the Petitioner is the owner of a majority
in value of the land, consisting of four tracts, to be included in the proposed
District; (2) there is one lien holder on the property to be included in the
proposed District; (3) the proposed District will contain approximately 542.802
acres located in Harris County, Texas; and (4) the proposed District is within
the extraterritorial jurisdiction of the City of Houston, Texas, and no portion
of land within the proposed District is within the corporate limits or extraterritorial
jurisdiction of any other city, town or village in Texas. By Ordinance No.
2006-344, effective April 18, 2006, the City of Houston, Texas, gave its consent
to the creation of the proposed District. According to the petition, the Petitioners
have 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 $37,200,000.
TCEQ Internal Control No. 12072006-D06; FRM/MRA Holdings #1, Ltd., (Petitioner)
filed a petition for creation of Harris County Municipal Utility District
No. 425 (District) with the Texas Commission on Environmental Quality (TCEQ).
The petition was filed pursuant to Article XVI, Section 59 of the Constitution
of the State of Texas; Chapters 49 and 54 of the Texas Water Code; 30 Texas
Administrative Code Chapter 293; and the procedural rules of the TCEQ. The
petition states the following: (1) the Petitioner is the owner of a majority
in value of the land, consisting of one tract, 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
496.599 acres located in Harris County, Texas; and (4) the proposed District
is within the extraterritorial jurisdiction of the City of Houston, Texas,
and no portion of land within the proposed District is within the corporate
limits or extraterritorial jurisdiction of any other city, town or village
in Texas. By Ordinance No. 2006-340, effective April 18, 2006, the City of
Houston, Texas, gave its consent to the creation of the proposed District.
According to the petition, the Petitioners have 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 $32,420,000.
TCEQ Internal Control No. 12112006-D05; Denic Enterprises, Inc. and Iowa
Colony Sterling Lakes, Ltd. (Petitioner) filed a petition for creation of
Brazoria County Municipal Utility District No. 32 (District) with the Texas
Commission on Environmental Quality (TCEQ). The petition was filed pursuant
to Article XVI, Section 59 of the Constitution of the State of Texas; Chapters
49 and 54 of the Texas Water Code; 30 Texas Administrative Code Chapter 293;
and the procedural rules of the TCEQ. The petition states the following: (1)
the Petitioner is the owner of a majority in value of the land to be included
in the proposed District; (2) there is one lien holder, 241 South Freeway
Joint Venture, on the property to be included in the proposed District, and
the Petitioner has provided the TCEQ with a certificate evidencing its consent
to the creation of the proposed District; and (3) the proposed District will
contain approximately 290.93 acres of land located in Brazoria County, Texas.
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 $21,795,000.
TCEQ Internal Control No. 01092007-D01; CW SCOA West, L.P., (Petitioner)
filed a petition for creation of Harris County Municipal Utility District
No. 503 (District) with the Texas Commission on Environmental Quality (TCEQ).
The petition was filed pursuant to Article XVI, Section 59 of the Constitution
of the State of Texas; Chapters 49 and 54 of the Texas Water Code; 30 Texas
Administrative Code Chapter 293; and the procedural rules of the TCEQ. The
petition states the following: (1) the Petitioner is the owner of a majority
in value of the land, consisting of one tract, to be included in the proposed
District; (2) there is one lien holder, First Bank & Trust (n/k/a First
Bank), on the property to be included in the proposed District; (3) the proposed
District will contain approximately 656.6 acres located in Harris County,
Texas; and (4) the proposed District is within the extraterritorial jurisdiction
of the City of Houston, Texas, and no portion of land within the proposed
District is within the corporate limits or extraterritorial jurisdiction of
any other city, town or village in Texas. By Ordinance No. 2006-1081, effective
October 27, 2006, the City of Houston, Texas, gave its consent to the creation
of the proposed District. According to the petition, the Petitioner have 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 $91,820,000.
TCEQ Internal Control No. 01222007-D03; NNP-Teravista, LP (the "Petitioner")
filed a petition for creation of Williamson County Municipal Utility District
No. 15 (the "District") with the Texas Commission on Environmental Quality
(TCEQ). The petition was filed pursuant to Article XVI, Section 59 of the
Constitution of the State of Texas; Chapters 49 and 54 of the Texas Water
Code; 30 Texas Administrative Code Chapter 293; and the procedural rules of
the TCEQ. The petition states the following: (1) the Petitioner is the owner
of a majority in value of the land to be included in the proposed District;
(2) there is one lien holder, RFC Construction, Inc., on the property to be
included in the proposed District, and the Petitioner has provided the TCEQ
with the certificate evidencing the lien holder's consent to the creation
of the proposed District; (3) the proposed District will contain approximately
355.31 acres located in Williamson County, Texas; and (4) the proposed District
is within the extraterritorial jurisdiction of the City of Georgetown, Texas.
By Resolution No. 121404-FF, effective December 14, 2004, the City of Georgetown,
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 $26,860,000.
TCEQ Internal Control No. 02012007-D04; Gromax III, LLC, (Petitioner) filed
a petition for creation of Brazoria County Municipal Utility District No.
55 (District) with the Texas Commission on Environmental Quality (TCEQ). The
petition was filed pursuant to Article XVI, Section 59 of the Constitution
of the State of Texas; Chapters 49 and 54 of the Texas Water Code; 30 Texas
Administrative Code Chapter 293; and the procedural rules of the TCEQ. The
petition states the following: (1) the Petitioner is the owner of a majority
in value of the land, consisting of three tracts, 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
572.606 acres located in Brazoria County, Texas; and (4) the proposed District
is partially within the corporate boundaries and partially within the extraterritorial
jurisdiction of the City of Iowa Colony, 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. 2007-1, effective
January 15, 2007, the City of Iowa Colony, 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 $31,620,000.
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 in the information section
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, TX 78711-3087. For information concerning the hearing process,
please contact the Public Interest Counsel, MC 103, at the same address. For
additional information, individual members of the general public may contact
the Districts Review Team, at (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-200700790
LaDonna Castañuela
Chief Clerk
Texas Commission on Environmental Quality
Filed: February 28, 2007
The Texas Commission on Environmental Quality (TCEQ or commission) staff
is providing an opportunity for written public comment on the listed Default
Orders (DOs). The commission staff proposes a DO when the staff has sent an
executive director's preliminary report and petition (EDPRP) to an entity
outlining the alleged violations; the proposed penalty; and the proposed technical
requirements necessary to bring the entity back into compliance; and the entity
fails to request a hearing on the matter within 20 days of its receipt of
the EDPRP or requests a hearing and fails to participate at the hearing. Similar
to the procedure followed with respect to Agreed Orders entered into by the
executive director of the commission, in accordance with Texas Water Code
(TWC), §7.075 this notice of the proposed order and the opportunity to
comment is published in the
Texas Register
no
later than the 30th day before the date on which the public comment period
closes, which in this case is
April 9, 2007
.
The commission will consider any written comments received and the commission
may withdraw or withhold approval of a DO if a comment discloses facts or
considerations that indicate that consent to the proposed DO 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 DO is not required to be published
if those changes are made in response to written comments.
A copy of each proposed DO is available for public inspection at both the
commission's central office, located at 12100 Park 35 Circle, Building A,
3rd Floor, Austin, Texas 78753, (512) 2393400 and at the applicable regional
office listed as follows. Written comments about the DO should be sent to
the attorney designated for the DO at the commission's central office at P.O.
Box 13087, MC 175, Austin, Texas 78711-3087 and must be
received by 5:00 p.m. on April 9, 2007
. Comments may also be sent by
facsimile machine to the attorney at (512) 2393434. The commission's attorneys
are available to discuss the DOs and/or the comment procedure at the listed
phone numbers; however, §7.075 provides that comments on the DOs shall
be submitted to the commission in
writing
.
(1) COMPANY: Henna Enterprises, Inc. dba Clark Store; DOCKET NUMBER: 2005-0162-PST-E;
TCEQ ID NUMBER: RN102784410; LOCATION: 12298 Beechnut Street, Houston, Harris
County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline;
RULES VIOLATED: 30 TAC §334.50(b)(2)(A)(i), and (b)(2)(A)(i)(III), and
Texas Water Code (TWC), §26.3475(a) and (c), by failing to equip the
super unleaded underground storage tank (UST) with automatic line leak detectors
and by failing to conduct annual performance tests on the line leak detectors
for the remaining two USTs; 30 TAC §334.10(b) and §334.48(g), by
failing to maintain UST records on-site at the station during business hours;
30 TAC §334.8(c)(5)(C), by failing to ensure that permanent tags, labels,
or markings were applied or affixed to the immediate area of the UST fill
tube; and 30 TAC §115.242(3) and Texas Health and Safety Code (THSC), §382.085(b),
by failing to maintain the Stage II vapor recovery system in proper operating
condition; PENALTY: $5,500; STAFF ATTORNEY: Shawn Slack, Litigation Division,
MC 175, (512) 239-0063; REGIONAL OFFICE: Houston Regional Office, 5425 Polk
Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(2) COMPANY: Hong Nguyen dba Lee Dry Cleaners and dba Lee Dry Cleaners
III; DOCKET NUMBER: 2006-1159-DCL-E; TCEQ ID NUMBERS: RN104085550 and RN104096680;
LOCATION: 12511 Jones Road, and 12803 Homestead Road, Houston, Harris County,
Texas; TYPE OF FACILITY: dry cleaning facility and dry cleaning drop station;
RULES VIOLATED: 30 TAC §337.10(a) and THSC, §374.102, by failing
to complete and submit the required registration form to the TCEQ for the
facilities; PENALTY: $2,370; STAFF ATTORNEY: Mary Hammer, Litigation Division,
MC 175, (512) 239-2496; REGIONAL OFFICE: Houston Regional Office, 5425 Polk
Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(3) COMPANY: J.C. Conoco, Inc; DOCKET NUMBER: 2006-0216-PST-E; TCEQ ID
NUMBER: RN101836518; LOCATION: 4612 West Cedar Bayou Lynchburg Road, Baytown,
Harris County, Texas; TYPE OF FACILITY: convenience store with retail sales
of gasoline; RULES VIOLATED: 30 TAC §115.242(9) and THSC, §382.085(b),
by failing to verify the proper operation of the Stage II equipment at least
once every 36 months; and 30 TAC §115.245(2) and THSC, §382.085(b),
by failing to maintain the Stage II vapor recovery system in proper operating
condition as specified by the manufacturer and/or any applicable California
Air Resources Board Executive Order(s), by failing to keep the system free
of defects that would impair the effectiveness of the system, and by failing
to post operating instructions conspicuously on the front of each dispenser
equipped with a Stage II system; PENALTY: $4,095; STAFF ATTORNEY: Lena Roberts,
Litigation Division, MC 175, (512) 239-0019; REGIONAL OFFICE: Houston Regional
Office, 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(4) COMPANY: Nazar Ali dba Deville Cleaners; DOCKET NUMBER: 2006-1296-DCL-E;
TCEQ ID NUMBER: RN104991724; LOCATION: 8180 Kirby Drive, Houston, Harris County,
Texas; TYPE OF FACILITY: dry cleaning facility; RULES VIOLATED: 30 TAC §337.10(a)
and THSC, §374.102, by failing to complete and submit the required registration
form to the TCEQ for a dry cleaning and/or drop station facility; PENALTY:
$1,185; STAFF ATTORNEY: Rachael Gaines, Litigation Division, MC 175, (512)
239-0078; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Avenue, Suite
H, Houston, Texas 77023-1486, (713) 767-3500.
(5) COMPANY: New SM, Inc. dba Dry Clean Super Center; DOCKET NUMBER: 2006-1313-DCL-E;
TCEQ ID NUMBER: RN102918992; LOCATION: 836 Keller Parkway, Keller, Tarrant
County, Texas; TYPE OF FACILITY: dry cleaning facility; RULES VIOLATED: 30
TAC §337.11(e) and THSC, §374.102, by failing to renew the facility(s
registration by completing and submitting the required registration form to
the TCEQ for a dry cleaning and/or drop station facility; and 30 TAC §337.14(c)
and TWC, §5.702, by failing to pay dry cleaner registration fees for
TCEQ Financial Administration Account No. 24003002 and associated late fees
for Fiscal Year 2006; PENALTY: $1,185; STAFF ATTORNEY: Mary Hammer, Litigation
Division, MC 175, (512) 239-2496; REGIONAL OFFICE: Dallas-Fort Worth Regional
Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(6) COMPANY: Rodrigo Salas dba Sams Cleaners; DOCKET NUMBER: 2006-0940-DCL-E;
TCEQ ID NUMBER: RN104987888; LOCATION: 10325 Lake June Road, Suite 190, Dallas,
Dallas County, Texas; TYPE OF FACILITY: dry cleaning drop station; RULES VIOLATED:
30 TAC §337.10(a), and TSHC, §374.102, by failing to complete and
submit the required registration form to the TCEQ for a dry cleaning and/or
drop station facility; PENALTY: $1,185; STAFF ATTORNEY: Mary Hammer, Litigation
Division, MC 175, (512) 239-2496; REGIONAL OFFICE: Dallas-Fort Worth Regional
Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(7) COMPANY: Shamima Sharif dba Super Cleaners; DOCKET NUMBER: 2006-1041-DCL-E;
TCEQ ID NUMBER: RN102150471; LOCATION: 4610 Western Center Boulevard, Suite
102, Haltom City, Tarrant County, Texas; TYPE OF FACILITY: dry cleaning drop
station; RULES VIOLATED: 30 TAC §337.10(a), and THSC, §374.102,
by failing to complete and submit the required registration form to the TCEQ
for a dry cleaning and/or drop station facility; PENALTY: $1,185; STAFF ATTORNEY:
Mary Hammer, Litigation Division, MC 175, (512) 239-2496; REGIONAL OFFICE:
Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951,
(817) 588-5800.
TRD-200700775
Mary R. Risner
Director, Litigation Division
Texas Commission on Environmental Quality
Filed: February 27, 2007
The Texas Commission on Environmental Quality (TCEQ or commission) staff
is providing an opportunity for written public comment on the listed Agreed
Orders (AOs) in accordance with Texas Water Code (TWC), §7.075. Section
7.075 requires that before the commission may approve the AOs, the commission
shall allow the public an opportunity to submit written comments on the proposed
AOs. Section 7.075 requires that notice of the opportunity to comment must
be published in the
Texas Register
no later
than the 30th day before the date on which the public comment period closes,
which in this case is
April 9, 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 A,
3rd Floor, Austin, Texas 78753, (512) 239-3400 and at the applicable regional
office listed as follows. Written comments about an AO should be sent to the
attorney designated for the AO at the commission's central office at P.O.
Box 13087, MC 175, Austin, Texas 78711-3087 and must be
received by 5:00 p.m. on April 9, 2007
. Comments may also be sent by
facsimile machine to the attorney at (512) 239-3434. The designated attorney
is available to discuss the AO and/or the comment procedure at the listed
phone number; however, §7.075 provides that comments on an AO shall be
submitted to the commission in
writing
.
(1) COMPANY: Alcoa World Alumina LLC; DOCKET NUMBER: 2005-0350-AIR-E; TCEQ
ID NUMBER: RN100242577; LOCATION: 1472 Farm-to-Market Road 1593 South, south
of Point Comfort, Calhoun County, Texas; TYPE OF FACILITY: alumina refining
plant; RULES VIOLATED: 30 TAC §101.201(a)(1)(B); and Texas Health and
Safety Code (THSC), §382.085(b), by failing to meet the minimum reporting
requirements for four reportable emissions events which occurred on November
5, and 6, 2004; 30 TAC §111.111(a)(1) and §116.115(c); Permit No.
8166, Special Conditions 1 and 6, and THSC, §382.085(b), by failing to
prevent seven unauthorized emission events which occurred on October 30, 2004,
November 5, and 6, 2004, and February 22, 2005; 30 TAC §116.115(c); Permit
No. 8166, Special Conditions 1, 5, and 6; and THSC, §382.085(b); and
40 Code of Federal Regulations (CFR) §60.382(a)(1); by failing to maintain
compliance with the emission limits of Permit No. 8166; 30 TAC §116.115(c),
Permit No. 8166, Special Conditions 1 and 3; and THSC, §382.085(b), by
failing to maintain compliance with the emission limit of Permit No. 8166,
Special Conditions 1 and 3, and THSC, §382.085(b); 30 TAC §101.201(a)(1)(B),
(b)(8), and (c); and THSC, §382.085(b), by failing to meet the minimum
reporting requirements for two reportable emissions events (Incident Nos.
56832 which was a start-up activity and 56834 which was a shut down activity)
for Emission Point Number (EPN) R56-4/FC11 which occurred on December 8, 2004;
30 TAC §111.111(a)(1) and §116.115(c); Permit No. 8166, Special
Conditions 1 and 6; and THSC, §382.085(b), by failing to prevent two
unauthorized emissions events on December 8, 2004, which resulted from a shutdown
and startup of EPN R56-4/FC11 (Incident Nos. 56832 and 56834); 30 TAC §101.201(a)(1)(B);
and THSC, §382.085(b), by failing to meet the minimum reporting requirements
for a reportable emission event which occurred on April 23, 2004; and 30 TAC §111.111(a)(1)(B)
and §116.115(c); Permit No. 8166, Special Conditions 1 and 6; and THSC, §382.085(b),
by failing to prevent unauthorized emissions events from EPN 12 which occurred
on April 23, 2004; PENALTY: $44,426; STAFF ATTORNEY: Laurencia Fasoyiro, Litigation
Division, MC R-12, (713) 422-8914; REGIONAL OFFICE: Corpus Christi Regional
Office, 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5503, (361)
825-3100.
(2) COMPANY: Asalah, Inc. dba Town Tires and Auto Service; DOCKET NUMBER:
2006-0111-PST-E; TCEQ ID NUMBER: RN102459054; LOCATION: 5060 River Oaks Boulevard,
River Oaks, Tarrant County, Texas; TYPE OF FACILITY: tire and auto service
facility with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.50(b)(1)(A)
and Texas Water Code (TWC), §26.3475(c)(1), by failing to ensure that
all tanks were monitored in a manner which would detect a release at a frequency
of at least once every month (not to exceed 35 days between each monitoring);
30 TAC §334.50(b)(2), and TWC, §26.3475(a), by failing to conduct
proper release detection for the piping associated with the underground storage
tank (UST) system; 30 TAC §334.50(b)(2)(A)(i)(III), and TWC, §26.3475(a),
by failing to test the line leak detectors on an annual basis for performance
and operational reliability; 30 TAC §334.50(d)(1)(B)(ii), by failing
to conduct reconciliation of detailed inventory control records at least once
each month, sufficiently accurate to detect a release as small as the sum
of 1.0% of the total substance flow-through for the month plus 130 gallons;
30 TAC §334.48(c), by failing to conduct effective manual or automatic
inventory control procedures for all USTs involved in the retail sale of petroleum
substances used as a motor fuel each operating day; and 30 TAC §334.8(c)(4)(A)(vii),
and (c)(5)(B)(ii), by failing to ensure that an application for renewal of
a delivery certificate was properly and timely filed; PENALTY: $6,000; STAFF
ATTORNEY: Kari Gilbreth, Litigation Division, MC 175, (512) 239-1320; REGIONAL
OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth,
Texas 76118-6951, (817) 588-5800.
(3) COMPANY: City of Venus; DOCKET NUMBER: 2002-1302-MLM-E; TCEQ ID NUMBERS:
RN101612505 and RN102080686; LOCATION: approximately 0.5 miles northwest of
the City of Venus at a point approximately 500 feet north of United States
Highway 67 and approximately 200 feet west of Farm-to-Market Road 157, (Facility
A); adjacent to Grassy Creek, north of United States Highway 67 and east of
Farm-to-Market Road 157, Venus, Johnson County, Texas (Facility B); TYPE OF
FACILITY: 0.175 million gallon per day activated sludge wastewater plant (Plant
A) and 0.15 million gallon per day activated sludge wastewater plant (Plant
B); RULES VIOLATED: 30 TAC §305.125(1) and (5); and TWC, §26.121(a),
by failing to maintain permitted effluent limits and to ensure the treatment
unit and all its components were properly operated and maintained; 30 TAC §305.125(1)
and (4); TWC, §26.121(a), by failing to prevent unauthorized discharges
from the treatment plant; 30 TAC §305.125(1) and (4); and TWC, §26.121(a),
by failing to prevent unauthorized discharges from the collection system;
30 TAC §305.125(1), (4), and (5); and TWC, §26.121(a), by failing
to maintain permitted effluent limits and to ensure the treatment unit and
all its components were properly operated and maintained; 30 TAC §319.11(a)
and (b), and §305.125(1), by failing to conduct representative sampling;
30 TAC §305.125(1) and (4); and TWC, §26.121(a), by failing to comply
with permitted effluent limits; 30 TAC §305.125(1) and (9), by failing
to submit complete noncompliance notifications; and 30 TAC §305.125(1)
and (4); and TWC, §26.121(a), by failing to prevent unauthorized discharges
from the collection system; PENALTY: $17,620; STAFF ATTORNEY: Shawn Slack,
Litigation Division, MC 175, (512) 239-0063; REGIONAL OFFICE: Dallas-Fort
Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817)
588-5800.
(4) COMPANY: Debbie Lewis dba Chaparral Courts; DOCKET NUMBER: 2005-1161-PWS-E;
TCEQ ID NUMBER: RN103916839; LOCATION: 5566 Old Christoval Road, Tom Green
County, Texas; TYPE OF FACILITY: public water supply system; RULES VIOLATED:
30 TAC §290.39(c), and THSC, §341.035(c), by failing to submit plans
and specifications to the TCEQ prior to construction of a public water system;
30 TAC §290.41(c)(3)(A), by failing to secure authorization of two wells
prior to providing drinking water to the public; 30 TAC §290.46(n), by
failing to have required engineering plans and maps, as there was neither
a map of the distribution system nor plans for any ground storage or pressure
tanks; 30 TAC §290.41(c)(1)(F), by failing to provide a sanitary control
easement for the two wells; 30 TAC §290.41(c)(3)(I), by failing to ensure
that the two well sites are graded so that surface water drains away from
the wells; 30 TAC §290.41(c)(3)(J), by failing to provide a proper sealing
block for the wells; 30 TAC §290.41(c)(3)(K), by failing to provide a
vent for either of the two wells; 30 TAC §290.41(c)(3)(B), by failing
to provide either of the two wells with casings that extend a minimum of 18
inches above the ground surface; 30 TAC §290.109(c)(2), and (g), and §290.122(c),
and THSC, §341.033(d), by failing to collect and submit monthly microbiological
samples, and by failing to post public notice of the routine monitoring violation
within 90 days of incurring the monitoring violations; 30 TAC §290.41(c)(3)(O),
by failing to provide either an intruder-resistant fence or a well house for
the two wells; 30 TAC §290.43(e), by failing to provide fencing for the
ground storage tank and by failing to maintain adequate housing for the two
120 gallon pressure tanks; 30 TAC §290.41(c)(3)(N), by failing to provide
a flow meter for either of the two wells; 30 TAC §290.42(e)(2), by failing
to provide disinfectant at a point prior to the ground storage tank; 30 TAC §290.46(d)(2)(A),
and §290.110(b)(4), by failing to maintain a minimum chlorine residual
of at least 0.2 milligram per liter free chlorine in the distribution system;
30 TAC §290.43(c), by failing to provide a ground storage tank that was
designed, fabricated, erected, tested, and disinfected in strict accordance
with current American Water Works Association standards; 30 TAC §290.43(d)(2),
by failing to provide a pressure release device for the operational pressure
tank; 30 TAC §290.46(m)(1), by failing to inspect the operational pressure
tank and the ground storage tank within a year of the previous investigation;
30 TAC §290.45(b)(1)(F)(ii), and THSC, §341.0315(c), by failing
to provide adequate total storage capacity; 30 TAC §290.45(b)(1)(F)(ii),
and THSC, §341.0315(c), by failing to provide adequate pumping capacity,
as there are no service pumps provided; 30 TAC §290.45(b)(1)(F)(iv),
and THSC, §341.0315(c), by failing to provide adequate pressure tank
capacity; and 30 TAC §290.46(t), by failing to provide a system ownership
sign at the wells and ground storage tank facility; PENALTY: $11,840; STAFF
ATTORNEY: Deanna Sigman, Litigation Division, MC 175, (512) 239-0619; REGIONAL
OFFICE: San Angelo Regional Office, 622 South Oakes, Suite K, San Angelo,
Texas 76903-7013, (915) 655-9479.
(5) COMPANY: Evelio Morales dba Casino Grocery and dba Casino Grocery 2;
DOCKET NUMBER: 2005-0547-PST-E; TCEQ ID NUMBERS: RN102243151 and RN104469515;
LOCATION: Farm-to-Market Road (FM) 1021 and FM 2030, and 2224 Del Rio Blvd,
Eagle Pass, Maverick County, Texas; RULES VIOLATED: 30 TAC §334.50(a)(1)(A)
and TWC, §26.3475(a), and (c)(1), by failing to provide a proper release
detection method capable of detecting a release from any portion of the UST
system at the Casino facility; 30 TAC §334.8(c)(4)(A)(vii) and (5)(B)(ii),
by failing to timely renew the delivery certificate by submitting a properly
completed UST registration and self certification form at least 30 days before
the expiration date of the delivery certificate at the Casino facility and
the Casino 2 facility; 30 TAC §334.8(c)(5)(A)(i) and TWC, §26.3467(a),
by failing to make available to a common carrier a valid, current TCEQ delivery
certificate before accepting delivery of a regulated substance into USTs at
the Casino facility and the Casino 2 facility; 30 TAC §334.54(d)(2),
by failing to empty temporarily out of service USTs to less than 2.5 centimeters
(1 inch) of product at the deepest point at the Casino 2 facility; 30 TAC §334.9(e),
by failing to provide records of required corrosion protection tests, including
tests of the cathodic protection system conducted at least every 60 days and
tests of the system conducted at least once every three months at the Casino
2 facility; 30 TAC §37.815(a) and (b), by failing to demonstrate financial
assurance for taking corrective action and for compensating third parties
for bodily injury and property damage caused by accidental releases arising
from the operation of petroleum USTs at the Casino 2 facility; 30 TAC §334.50(a)(1)(A)
and TWC, §26.3475, by failing to provide a proper release detection method
capable of detecting a release from any portion of the UST system at the Casino
2 facility; 30 TAC §334.8(c)(5)(C), by failing to label the fill pipes
according to the registration and self-certification form at the Casino 2
facility; and 30 TAC §334.22(a) and TWC, §5.702, by failing to pay
required UST fees for Fiscal Year 2005 for Fiscal Account No. 0052267U at
the Casino 2 facility; PENALTY: $69,240; STAFF ATTORNEY: Shannon Strong, Litigation
Division, MC 175, (512) 239-0972; REGIONAL OFFICE: Laredo Regional Office,
707 East Calton Road, Suite 304, Laredo, Texas 78041-3638, (956) 791-6611.
(6) COMPANY: Sak Diamond Petroleum, LLC; DOCKET NUMBER: 2005-1657-PWS-E;
TCEQ ID NUMBER: RN101446698; LOCATION: 9800 Interstate 20, Canton, Van Zandt
County, Texas; TYPE OF FACILITY: non-community public water supply; RULES
VIOLATED: 30 TAC §290.109(c)(2)(A)(i) and §290.122(c)(2)(B), and
THSC, §341.033(d), by failing to collect and submit routine monthly bacteriological
samples and by failing to notify the public of the omissions during the months
of March - December 2005; PENALTY: $3,175; STAFF ATTORNEY: Robert Mosley,
Litigation Division, MC 175, (512) 239-0627; REGIONAL OFFICE: Tyler Regional
Office, 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.
(7) COMPANY: Valero Refining-Texas, L.P.; DOCKET NUMBER: 2006-2218-AIR-E;
TCEQ ID NUMBER: RN100219310; LOCATION: 9701 Manchester Street, Houston, Harris
County, Texas; RULES VIOLATED: 30 TAC §116.115(c), and §111.111(a)(1)(B);
New Source Review (NSR) Permit No. 2501A; and THSC, §382.085(b), by failing
to comply with emission limits specified in the Maximum Allowable Emissions
Rate table on NSR Permit 2501A, Special Conditions 1 and 2; 30 TAC §116.115(c);
NSR Permit No. 2501A, Special Condition 1; and THSC, §382.085(b), by
failing to comply with emissions limits in the Maximum Allowable Emissions
Rate table of NSR Permit 2501A; 30 TAC §101.201(f) and THSC, §382.085(b),
by failing to provide additional information on an emissions event, which
occurred on March 12, 2006; 30 TAC §116.115(c); NSR Permit No. 2501A,
Special Condition 1, and THSC, §382.085(b), by failing to comply with
emissions limits in the Maximum Allowable Emissions Rate table of NSR Permit
2501A; 30 TAC §116.115(c); Air Permit No. 2501A, Special Condition 1;
and THSC, §382.085(b), by failing to prevent unauthorized emissions;
30 TAC §101.201(c), and THSC, §382.085(b), by failing to submit
a final emissions report no later than fourteen days after the event; 30 TAC §116.115(c);
Air Permit Nos. 2501A and 2507A, Special Condition 1; and THSC, §382.085(b),
by failing to prevent unauthorized emissions; 30 TAC §116.115(c); Air
Permit No. 2507A, Special Condition 6; and THSC, §382.085(b), by failing
to route acid gas to the Sulfur Recovery Unit; 30 TAC §116.115(c); NSR
Permit No. 2501A, Special Condition 1; and THSC, §382.085(b), by failing
to prevent unauthorized emissions; and 30 TAC §112.3(b) and §116.115(c);
NSR Permit No. 2501A, Special Condition 1; and THSC, §382.085(b), by
failing to prevent unauthorized emissions and maintain sulphur dioxide (SO2)
net ground level concentrations below 0.28 parts per million by volume (ppmv)
over a thirty minute period; PENALTY: $85,600; STAFF ATTORNEY: Robert Mosley,
Litigation Division, MC 175, (512) 239-0627; REGIONAL OFFICE: Houston Regional
Office, 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(8) COMPANY: Winston Construction, Inc; DOCKET NUMBER: 2006-0110-EAQ-E;
TCEQ ID NUMBER: RN12734126; LOCATION: 7870 Ranch Road 12, Austin, Hays County,
Texas; TYPE OF FACILITY: dance hall and restaurant; RULES VIOLATED: 30 TAC §213.4(a)(1),
by failing to obtain executive director approval of a modified Edwards Aquifer
Protection Plan prior to commencing any regulated activity on approximately
4.34 acres of land located on the Edwards Aquifer Recharge Zone; PENALTY:
$3,000; STAFF ATTORNEY: Kathleen Decker, Litigation Division, MC 175, (512)
239-6500; REGIONAL OFFICE: Austin Regional Office, 1921 Cedar Bend Drive,
Suite 150, Austin, Texas 78758-5336, (512) 339-2929.
TRD-200700776
Mary R. Risner
Director, Litigation Division
Texas Commission on Environmental Quality
Filed: February 27, 2007
The Texas Commission on Environmental Quality (commission) staff is providing
an opportunity for written public comment on the listed Shutdown/Default Orders
(S/DOs). Texas Water Code (TWC), §26.3475 authorizes the commission to
order the shutdown of any underground storage tank (UST) system found to be
noncompliant with release detection, spill and overfill prevention, and/or,
after December 22, 1998, cathodic protection regulations of the commission,
until such time as the owner/operator brings the UST system into compliance
with those regulations. The commission proposes a Shutdown Order after the
owner or operator of a UST facility fails to perform required corrective actions
within 30 days after receiving notice of the release detection, spill and
overfill prevention, and/or, after December 22, 1998, cathodic protection
violations documented at the facility. The commission proposes a Default Order
when the staff has sent an executive director's preliminary report and petition
(EDPRP) to an entity outlining the alleged violations; the proposed penalty;
and the proposed technical requirements necessary to bring the entity back
into compliance; and the entity fails to request a hearing on the matter within
20 days of its receipt of the EDPRP or requests a hearing and fails to participate
at the hearing. In accordance with TWC, §7.075, this notice of the proposed
order and the opportunity to comment is published in the
Texas Register
no later than the 30th day before the date on which
the public comment period closes, which in this case is
April 9, 2007
. The commission will consider any written comments received
and the commission may withdraw or withhold approval of a S/DO if a comment
discloses facts or considerations that indicate that consent to the proposed
S/DO 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 S/DO is not required to be published
if those changes are made in response to written comments.
Copies of each of the proposed S/DO is available for public inspection
at both the commission's central office, located at 12100 Park 35 Circle,
Building A, 3rd Floor, Austin, Texas 78753, (512) 239-3400 and at the applicable
regional office listed as follows. Written comments about the S/DO shall be
sent to the attorney designated for the S/DO at the commission's central office
at P.O. Box 13087, MC 175, Austin, Texas 78711-3087 and must be
received by 5:00 p.m. April 9, 2007
. Written comments may also be sent
by facsimile machine to the attorney at (512) 239-3434. The commission attorneys
are available to discuss the S/DOs and/or the comment procedure at the listed
phone numbers; however, comments on the S/DOs shall be submitted to the commission
in
writing
.
(1) COMPANY: Abdullah Ahmedi dba Country Boy Store 2; DOCKET NUMBER: 2006-0300-PST-E;
TCEQ ID NUMBER: RN102231214; LOCATION: 10956 Elam Road, Blach Springs, Dallas
County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline;
RULES VIOLATED: 30 TAC §115.244(1) and (3), and Texas Health and Safety
Code (THSC), §382,085(b), by failing to conduct daily and monthly inspections
of the Stage II vapor recovery system; 30 TAC §115.248(1), and THSC, §382.085(b),
by failing to ensure that at least one station representative received training
in the operation and maintenance of the Stage II vapor recovery system; 30
TAC §115.246(3), and THSC, §382.085(b), by failing to maintain a
record of the maintenance conducted on any part of the Stage II equipment;
30 TAC §115.245(2), and THSC, §382.085(b), by failing to verify
the proper operation of the Stage II equipment at least once every 12 months
or upon major system replacements or modifications; 30 TAC §115.242(3)(A),
and THSC, §382.085(b), by failing to maintain the Stage II vapor recovery
system in proper operating condition and free of defects that would impair
the effectiveness of the system; 30 TAC §334.49(c)(4), and Texas Water
Code (TWC), §26.3475(d), by failing to have the cathodic protection systems
inspected and tested for operability and adequacy of protection at a frequency
of at least once every three years; 30 TAC §334.50(b)(1)(A), and TWC, §26.3475(c),
by failing to monitor underground storage tanks (USTs) for a release at a
frequency of at least once every month, not to exceed 35 days between each
monitoring; 30 TAC §334.50(b)(2), and TWC, §26.3475(a), by failing
to monitor USTs for a release at a frequency of at least once every month,
not to exceed 35 days between each monitoring; 30 TAC §334.50(b)(2)(A)(i)(III),
and TWC, §26.3475(a), by failing to monitor USTs for a release at a frequency
of at least once every month, not to exceed 35 days between each monitoring;
and 30 TAC §334.48(c), by failing to conduct effective manual or automatic
inventory control procedures for all USTs; PENALTY: $14,700; STAFF ATTORNEY:
Robert Mosley, Litigation Division, MC 175, (512) 239-0627; REGIONAL OFFICE:
Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951,
(817) 588-5800.
(2) COMPANY: Friend Enterprises, Inc. dba Friendly Mart; DOCKET NUMBER:
2003-1045-PST-E; TCEQ ID NUMBER: RN100825090; LOCATION: 7200 Manchaca, Austin,
Travis County, Texas; TYPE OF FACILITY: convenience store with retail sales
of gasoline; RULES VIOLATED: 30 TAC §334.50(b)(1)(A), and TWC, §26.3475(c)(1),
by failing to monitor the USTs for releases at a frequency of at least once
per month; 30 TAC §334.48(c), by failing to conduct inventory control
and reconciliation for a UST system at the retail facility; and 30 TAC §334.50(b)(2)(A)(i)(III)
and (b)(2)(A)(ii), and TWC,§26.3475(a), by failing to test or monitor
the piping in the UST system for releases; PENALTY: $18,000; STAFF ATTORNEY:
Robert Mosley, Litigation Division, MC 175, (512) 239-0627; REGIONAL OFFICE:
Austin Regional Office, 1921 Cedar Bend Drive, Suite 150, Austin, Texas 78758-5336,
(512) 339-2929.
TRD-200700774
Mary Risner
Director, Litigation Division
Texas Commission on Environmental Quality
Filed: February 27, 2007
The Texas Commission on Environmental Quality (commission) will conduct
a public hearing to receive testimony regarding proposed revisions to 30 Texas
Administrative Code (TAC) Chapter 114, Control of Air Pollution from Motor
Vehicles, and to the state implementation plan (SIP), under the requirements
of Texas Health and Safety Code, §382.017; Texas Government Code, Chapter
2001, Subchapter B; and 40 Code of Federal Regulations §51.102 of the
United States Environmental Protection Agency (EPA) regulations concerning
SIPs.
The proposed rulemaking would revise certain transportation and air quality
rules and definitions through the repeal of certain Texas Clean Fleet program
elements, specifically mobile source emissions credits; the repeal of the
transportation control measure substitution process, which was superseded
by federal requirements; and the repeal of a requirement that vehicle manufacturers
publish a brochure listing eligible new light-duty motor vehicles on an annual
basis.
A public hearing on this proposal will be held in Austin, Texas, on April
3, 2007, at 10:00 a.m., in Building B, Room 201A, at the Texas Commission
on Environmental Quality complex located at 12100 Park 35 Circle. The hearing
will be structured for the receipt of oral or written comments by interested
persons. Registration will begin 30 minutes prior to the hearing. Individuals
may present oral statements when called upon in order of registration. There
will be no open discussion during the hearing; however, commission staff members
will be available to discuss the proposal 30 minutes prior to the hearing.
Persons planning to attend the hearing who have special communication or
other accommodation needs should contact Joyce Spencer, Office of Legal Services,
at (512) 239-5017. Requests should be made as far in advance as possible.
Comments may be submitted to Joyce Spencer, MC 205, Texas Register Team,
Office of Legal Services, Texas Commission on Environmental Quality, P.O.
Box 13087, Austin, Texas 78711-3087 or faxed to (512) 239-4808. Electronic
comments may be submitted at
http://www5.tceq.state.tx.us/rules/ecomments
. File size restrictions may apply to comments being submitted via
the eComments system. The comment period closes April 7, 2007. All comments
should reference Rule Project Number 2006-050-114-EN. The proposed rule may
be viewed on the commission's Web site at
http://www.tceq.state.tx.us/nav/rules/propose_adopt.html
. For further information or questions concerning this proposal, please
contact Santos Olivarez, Air Quality Division, at (512) 239-4718.
TRD-200700711
Robert Martinez
Director, Environmental Law Division
Texas Commission on Environmental Quality
Filed: February 23, 2007
The Texas Commission on Environmental Quality (TCEQ or commission) has
made available for public comment seventeen draft total maximum daily loads
(TMDLs) for bacteria, dissolved oxygen, and pH in Adams Bayou and Cow Bayou
(Segments 0508, 0508A, 0508B, 0508C, 0511, 0511A, 0511B, 0511C, and 0511E)
of the Sabine River Basin, located in Orange County. The TCEQ will conduct
a public meeting to receive comments on the draft TMDLs. This announcement
also constitutes notice that the TMDLs will become part of the State Water
Quality Management Plan upon approval by the United States Environmental Protection
Agency (EPA).
Texas is required to develop TMDLs for impaired water bodies included in
the state of Texas Clean Water Act, §303(d) list of impaired water bodies.
A TMDL is a detailed water quality assessment that provides the scientific
foundation to allocate pollutant loads in a certain body of water in order
to restore and maintain designated uses.
The TCEQ will conduct a public meeting on the draft TMDLs for bacteria,
dissolved oxygen, and pH in Adams Bayou, Cow Bayou, and their tributaries
(Segments 0508, 0508A, 0508B, 0508C, 0511, 0511A, 0511B, 0511C, and 0511E).
The purpose of the public meeting is to provide the public an opportunity
to comment on the draft TMDLs. The commission requests comment on each of
the six major components of the TMDL: problem definition, endpoint identification,
source analysis, linkage between sources and receiving waters, margin of safety,
and pollutant loading allocation. After the public comment period, TCEQ staff
may revise the TMDLs, if appropriate. The final TMDLs will then be considered
by the commission for adoption. Upon adoption of the TMDLs by the commission,
the final TMDLs and a response to all comments will be made available on the
TCEQ Web site referenced below. The TMDLs will then be submitted to EPA Region
6 for approval. Upon approval, the TMDLs will be certified as updates to the
State of Texas Water Quality Management Plan.
The public comment meeting will be held on March 22, 2007, at 7:00 p.m.,
at the City of Orange Recreation Department, 4103 Meeks Drive, Orange, Texas
77630. At this meeting individuals have the opportunity to present oral statements
when called upon in order of registration. There will be no agenda or presentations
given, open discussion will not occur during the meeting. However, an agency
staff member will be available to discuss the matter 30 minutes prior to the
meeting and will answer questions before and after all public comments have
been received.
Written comments should be submitted to Ward Ling, TCEQ Water Programs
Division, MC 203, P.O. Box 13087, Austin, TX 78711-3087 or faxed to (512)
239-1414. All comments must be received by 5:00 p.m., April 9, 2007, and should
reference,
Seventeen Total Maximum Daily Load for
Bacteria, Dissolved Oxygen, and pH in Adams Bayou, Cow Bayou, and their tributaries,
For Segment Numbers 0508, 0508A, 0508B, 0508C, 0511, 0511A, 0511B, 0511C,
and 0511E.
For further information regarding the draft TMDLs, please
contact Ward Ling, Water Programs Division, at (512) 239-6238 or
eling@tceq.state.tx.us
. Copies of the draft TMDL document will be available
and can be obtained via the commission's Web site at
http://www.tceq.state.tx.us/implementation/water/tmdl/tmdlcalendar.html
or
by calling (512) 239-6682.
Persons with disabilities who have special communication or other accommodation
needs who are planning to attend the meeting should contact the commission
at (512) 239-6682. Requests should be made as far in advance as possible.
TRD-200700764
Robert Martinez
Director, Environmental Law Division
Texas Commission on Environmental Quality
Filed: February 27, 2007
The following notices were issued during the period of February 22, 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.
DIAMOND HEAD WATER SUPPLY CORPORATION has applied for a renewal of TPDES
Permit No. 11478-001, which authorizes the discharge of treated domestic wastewater
at a daily average flow not to exceed 80,000 gallons per day. The facility
is located approximately 1.0 mile north of the intersection of State Highway
105 and McCaleb Road and approximately 1.25 miles northwest of Lake Conroe
Dam in Montgomery County, Texas.
GRAND LAKES MUNICIPAL UTILITY DISTRICT NO. 4 has applied for a renewal
of TPDES Permit No. 13245-001, 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 approximately 3,800 feet west-northwest of the intersection
of Farm-to-Market Road 1093 and Mason Road in Fort Bend County, Texas.
CITY OF HOUSTON has applied to the Texas Commission on Environmental Quality
(TCEQ) for a renewal of TPDES Permit No. 10495-099, which authorizes the discharge
of treated domestic wastewater at an annual average flow not to exceed 4,000,000
gallons per day. The facility is located on the north bank of Whiteoak Bayou,
approximately 500 feet west of the crossing of Whiteoak Bayou by North Houston
Rosslyn Road in the City of Houston in Harris County, Texas.
MONTGOMERY COUNTY MUNICIPAL UTILITY DISTRICT NO. 19 has applied for a major
amendment to TPDES Permit No. 11970-001 to authorize an increase in the discharge
of treated domestic wastewater from a daily average flow not to exceed 625,000
gallons per day to a daily average flow not to exceed 715,000 gallons per
day. The facility is located on Volunteer Lane, approximately 800 feet east
of Budde Road and approximately 1300 feet northwest of the intersection of
Interstate Highway 45 and Sawdust Road in Montgomery County, Texas.
OMEGA HEALTHCARE INVESTORS, INC. has applied for a renewal of Permit No.
14329001, which authorizes the disposal of treated domestic wastewater at
a daily average flow not to exceed 12,600 gallons per day via surface irrigation
of 6.41 acres of non-public access land. This permit will not authorize a
discharge of pollutants into waters in the State. The wastewater treatment
facility and disposal site are located approximately 2.5 miles west of the
City of Athens, on the south side of State Highway 31 in Henderson County,
Texas.
PRESTON CLUB UTILITY CORPORATION has applied for a renewal of TPDES Permit
No. 13309-001, 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 approximately four miles west of the intersection of United States
Highway 82 and Farm to Market Road 1417 and 1/2 mile south of United States
Highway 82 in Grayson County, Texas.
RICHFIELD INVESTMENT CORPORATION has applied for a renewal o TPDES Permit
No. 13636-001 which authorizes the discharge of treated domestic wastewater
at a daily average flow not to exceed 405,000 gallons per day. The application
also includes an extension of a temporary variance to the existing water quality
standards for the Decker Branch. A variance request was approved in May, 2003
in order to allow time for consideration of a site specific standard which
would be adopted in 30 TAC §307.10 Appendix D. Staff recommends an extension
of the variance until the adoption of the site specific standard into Appendix
D. The facility is located approximately 4,500 feet southeast of the intersection
of Wright Road and State Highway 249, within an area bounded by Wright Road
on the west and by State Highway 249 on the east in Montgomery County, Texas.
UNION CARBIDE CORPORATION which operates a plant which manufactures organic
chemicals, plastics and industrial gases, has applied for a major amendment
without renewal to TPDES Permit No. WQ0000447000 to authorize the use of a
dissolved copper final water effects ratio and replace the mass based copper
limit with a concentration based copper limit at Outfall 002. The current
permit authorizes the discharge of process wastewater from Union Carbide Corporation,
remediated groundwater, domestic wastewater and storm water at a daily average
flow not to exceed 5,800,000 gallons per day via Outfall 001; cooling water
blowdown, water treatment wastewater, boiler blowdown, resin pad wash water,
resin container rinse water, and storm water from Union Carbide Corporation
and ISP Technologies, Inc., at a daily average flow not to exceed 12,000,000
gallons per day via Outfall 002; and storm water on an intermittent and flow
variable basis via Outfalls 003, 004, 005, 006, 007, 008, 009, 010, 011, 012,
014, 015 and 016. The facility is located on the east side of State Highway
185 approximately 8000 feet south of the intersection of State Highway 185
and State Highway 35 and approximately eight miles north of the City of Seadrift,
Calhoun County, Texas.
CITY OF WALNUT SPRINGS has applied for a major amendment to Texas Land
Application Permit (TLAP) No. WQ0013436001 to change the method of disposal
from irrigation to discharge of treated domestic wastewater at a daily average
flow not to exceed 65,000 gallons per day. The current permit authorizes the
disposal of treated effluent via irrigation of 60 acres of non-public access
land at a daily average flow of 65,000 gallons per day. The facility is located
approximately 1,500 feet east of the crossing of State Highway 144 over Steele
Creek in the City of Walnut Springs in Bosque County, Texas. The irrigation
site is located approximately one mile west-southwest of the intersection
of Farm-to-Market Road 927 (Texas Street) and State Highway 144.
WEST PARK MUNICIPAL UTILITY DISTRICT has applied for a renewal of TPDES
Permit No. WQ0012346001, which authorizes the discharge of treated domestic
wastewater at a daily average flow not to exceed 500,000 gallons per day.
The facility is located at 19310 Katy Freeway, approximately 800 feet north
of Interstate Highway 10 and approximately 3,200 feet east of Fry Road at
the south termination of Harris County Flood Control District (HCFCD) ditch
U101-02-00 in Harris County, Texas.
CITY OF WILLOW PARK has applied for a renewal of Permit No. 13759-001 which
authorizes the disposal of treated domestic wastewater at a daily average
flow not to exceed 264,000 gallons per day via surface irrigation of 233 acres
of a golf course. This permit will not authorize a discharge of pollutants
into water in the State. The facility is located approximately three miles
southeast of the intersection of Interstate Highway 20 and Farm-to-Market
Road 5, approximately 1.6 miles southwest of the intersection of Farm-to-Market
Roads 1187 and 5 in Parker County. The disposal site is located approximately
1.6 miles due north of the Deer Creek Wastewater Treatment Facility in Parker
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-200700789
LaDonna Castañuela
Chief Clerk
Texas Commission on Environmental Quality
Filed: February 28, 2007
Public Notice - Amendment to the Existing STAR+PLUS 1915(b) Waiver
The Texas Health and Human Services Commission (HHSC) published a public
notice of intent to submit an amendment to the existing STAR+PLUS 1915(b)
waiver in the February 23, 2007, issue of the
Texas
Register
(32 TexReg 972). The notice incorrectly identified the geographic
areas that would be affected by the May 1, 2007, inclusion of capitated inpatient
behavioral health services. The correction of the geographic areas as published
below does not affect the cost savings associated with this waiver. The corrected
notice is republished in full as follows:
The Texas Health and Human Services Commission (HHSC) announces its intent
to submit an amendment to its existing STAR+PLUS 1915(b) waiver to the Texas
State Plan for Medical Assistance, under Title XIX of the Social Security
Act. The amendment will be implemented in two phases, and the proposed effective
dates are May 1, 2007 and September 1, 2007.
The purpose of the amendment to the 1915(b) waiver is to phase in the capitation
payments for inpatient behavioral health services made to Managed Care Organizations
(MCOs) contracted with HHSC under the STAR+PLUS waiver program. Inpatient
behavioral health services resulting from a behavioral health primary diagnosis
will be included in the capitation payments to the contracted MCOs serving
the expanded Harris Service Area (Harris, Brazoria, Fort Bend, Galveston,
Montgomery, and Waller counties) effective May 1, 2007, and to the contracted
MCOs serving the three new geographic service areas under the STAR+PLUS waiver
program effective September 1, 2007. The following counties comprise the three
new geographic service areas: Atascosa, Bexar, Comal, Guadalupe, Kendall,
Medina, and Wilson Counties (Bexar Service Area); Aransas, Bee, Calhoun, Jim
Wells, Kleberg, Nueces, Refugio, San Patricio, and Victoria counties (Nueces
Service Area); and Bastrop, Burnet, Caldwell, Hays, Lee, Travis, and Williamson
counties (Travis Service Area).
The proposed amendment to the waiver does not affect the cost savings associated
with the original waiver amendment that carved out all inpatient hospital
services. The cost savings associated with the original amendment remains
unchanged and is estimated to result in cost savings of approximately ($8,464,857)
in federal fiscal year 2007, with approximately ($5,144,940) in cost savings
in federal funds and ($3,319,917) in cost savings in state general revenue.
For federal fiscal year 2008, the cost savings is approximately ($17,740,124),
with approximately ($10,766,481) in cost savings in federal funds and ($6,973,643)
in cost savings in state general revenue.
To obtain copies of the proposed waiver amendments, interested parties
may contact Betsy Johnson by mail at Texas Health and Human Services Commission,
P.O. Box 85200, mail code H-620, Austin, Texas 78708-5200; by telephone at
(512) 491-1199; by facsimile at (512) 491-1953; or by e-mail at betsy.johnson@hhsc.state.tx.us.
TRD-200700805
Steve Aragón
Chief Counsel
Texas Health and Human Services Commission
Filed: February 28, 2007
Pursuant to Chapter 2254, Subchapter B, Texas Government Code, the Health
and Human Services Commission (HHSC) announces this Request for Proposals
(RFP #529-07-0052) for provision of consulting services. This RFP is issued
to solicit proposals from qualified consultants to assist HHSC in reviewing
programs administered by various state agencies in order to maximize their
receipt of federal revenue.
Given the increasing demand on State revenues for human services, the State
wants to ensure that all avenues for federal support to these services have
been explored. By this RFP, HHSC request proposals from qualified Consultant(s)
to receive a contract award under which each Consultant will complete a review,
retrospectively and prospectively, of specific ways in which state agencies
can maximize federal revenues from all appropriate funding sources.
Notice of the RFP will be placed on the Texas Marketplace: http://www.marketplace.state.tx.us
on or about March 9, 2007. The RFP also will be made available on the HHSC
website: http://www.hhsc.state.tx.us on or about March 9, 2007.
HHSC reserves the right, at its sole discretion, to award one or more contracts
under this RFP. The successful respondent(s) will be expected to begin performance
of the contract or contracts, if any, on or about June 18, 2007.
The sole point of contact for inquiries concerning this RFP is Steve R.
Bailey, Procurement Manager, Health and Human Services Commission, 909 West
45th Street MC: 2020, Austin, Texas 78751, telephone number: (512) 206-4653,
facsimile: (512) 206-5475, email: steve.bailey@hhsc.state.tx.us.
Questions: Initial questions regarding the RFP must be sent to Steve R.
Bailey via the above-referenced facsimile or email address not later than
2:00 p.m. Central Time on March 16, 2007. Official responses to questions
received by this deadline will be posted electronically on the HHSC website
by April 9, 2007, or as soon thereafter as practical.
Non-Binding Letters of Intent: All Non-Binding Letters of Intent must be
sent to Steve R. Bailey at the above-referenced facsimile or email address
not later than 2:00 p.m. Central Time on March 21, 2007.
Non-Mandatory Pre-Proposal Conference: A pre-proposal conference will be
held in Austin, Texas, on or about March 23, 2007. The exact time and place
will be posted to the Texas Marketplace and the HHSC website. Attendance at
the pre-proposal conference is not a requirement for submitting a proposal.
Closing Date: Proposals must be received in Steve R. Bailey's office at
the above-referenced address no later than 2 p.m. Central Time on April 24,
2007. Proposals received after this time and date will not be considered.
Evaluation and Award Procedure: All proposals will be subject to evaluation
based on the evaluation criteria and procedures set forth in the RFP. HHSC
reserves the right to accept or reject any or all proposals submitted. HHSC
is under no legal or other obligation to execute any contracts on the basis
of this notice. HHSC will pay for no costs incurred by any entity in responding
to this RFP.
TRD-200700791
David Brown
Assistant General Counsel
Texas Health and Human Services Commission
Filed: February 28, 2007
Notice of Emergency Cease and Desist Order on Sulphur Springs Medical-Surgical Clinic, P.A., dba Raines Family Healthcare
Notice is hereby given that the Department of State Health Services ordered
Sulphur Springs Medical-Surgical Clinic P.A., dba Raines Family Healthcare
(registrant-R03512-000) of Sulphur Springs to cease and desist using the Siemens
Computerized Tomographic (CT) unit, Model Number 7393569K1616 (Somotom), located
in the CT room, until the measurements of the radiation output are performed
by a licensed medical physicist and any items not meeting the specifications
of the tests shall be corrected or repaired.
A copy of all relevant material is available, by appointment, for public
inspection at the Department of State Health Services, Exchange Building,
8407 Wall Street, Austin, Texas, telephone (512) 834-6688, Monday-Friday,
8:00 a.m. to 5:00 p.m. (except holidays).
TRD-200700802
Cathy Campbell
General Counsel
Department of State Health Services
Filed: February 28, 2007
Third Party Administrator Applications
The following third party administrator (TPA) applications have been filed
with the Texas Department of Insurance and are under consideration.
Application of INTERNATIONAL SOLUTIONS, INC. (using the assumed name of
IS RUNOFF MANAGEMENT, INC.), a foreign third party administrator. The home
office is NEWARK, DELAWARE.
Application of MULTINATIONAL UNDERWRITERS, LLC., a foreign third party
administrator. The home office is MILWAUKEE, WISCONSIN.
Application of NORFOLK MOBILITY BENEFITS, INC., a foreign third party administrator.
The home office is CALGARY, ALBERTA, CANADA.
Application of AXA ASSISTANCE USA, INC., a foreign third party administrator.
The home office is CHICAGO, ILLINOIS.
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-200700803
Gene C. Jarmon
Chief Clerk and General Counsel
Texas Department of Insurance
Filed: February 28, 2007
Instant Game Number 826 "$250,000 Bingo"
1.0 Name and Style of Game.
A. The name of Instant Game No. 826 is "$250,000 BINGO". The play style
for the game SLOTS is "key symbol match". The play style for the game INSTANT
BONUS is "auto win" The play style for the game BINGO is "bingo".
1.1 Price of Instant Ticket.
A. Tickets for Instant Game No. 826 shall be $10.00 per ticket.
1.2 Definitions in Instant Game No. 826.
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: $10.00, $20.00, $50.00, $100, $500, CHERRIES
SYMBOL, LEMON SYMBOL, STACK OF BILLS SYMBOL, CROWN SYMBOL, HORSESHOE SYMBOL,
SHAMROCK SYMBOL, POT OF GOLD SYMBOL, GOLD BAR SYMBOL, BELL SYMBOL, TEN SYMBOL,
TWENTY SYMBOL, FIFTY SYMBOL, SVY FIV SYMBOL, ONE HUN SYMBOL, TWO FTY SYMBOL,
FIV HUN SYMBOL, TRY AGAIN SYMBOL, PLAY AGAIN SYMBOL, B01, B02, B03, B04, B05,
B06, B07, B08, B09, B10, B11, B12, B13, B14, B15, I16, I17, I18, I19, I20,
I21, I22, I23, I24, I25, I26, I27, I28, I29, I30, N31, N32, N33, N34, N35,
N36, N37, N38, N39, N40, N41, N42, N43, N44, N45, G46, G47, G48, G49, G50,
G51, G52, G53, G54, G55, G56, G57, G58, G59, G60, O61, O62, O63, O64, O65,
O66, O67, O68, O69, O70, O71, O72, O73, O74, O75, 01, 02, 03, 04, 05, 06,
07, 08, 09, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25,
26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44,
45, 46, 47, 48, 49, 50, 51, 52, 53, 54, 55, 56, 57, 58, 59, 60, 61, 62, 63,
64, 65, 66, 67, 68, 69, 70, 71, 72, 73, 74, 75 and FREE.
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. 826 - 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. 826 - 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 $30.00, $50.00, $75.00, $100, $125, $175,
$250 or $500.
I. High-Tier Prize - A prize of $750, $1,000, $2,500, $10,000 or $250,000.
J. Bar Code - A 22 (twenty-two) character interleaved two (2) of five (5)
bar code which will include a three (3) digit game ID, the seven (7) digit
pack number, the three (3) digit ticket number and the nine (9) digit Validation
Number. The bar code appears on the back of the ticket.
K. Pack-Ticket Number - A 13 (thirteen) digit number consisting of the
three (3) digit game number (826), 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: 826-0000001-001.
L. Pack - A pack of "$250,000 BINGO" Instant Game tickets contains 50 tickets,
packed in plastic shrink-wrapping and fanfolded in pages of one (1). The back
of ticket 001 will be shown on the front of the pack; the back of ticket 050
will be revealed on the back of the pack. All packs will be tightly shrinkwrapped.
There will be no breaks between the tickets in a pack.
M. Non-Winning Ticket - A ticket which is not programmed to be a winning
ticket or a ticket that does not meet all of the requirements of these Game
Procedures, the State Lottery Act (Texas Government Code, Chapter 466), and
applicable rules adopted by the Texas Lottery pursuant to the State Lottery
Act and referenced in 16 TAC, Chapter 401.
N. Ticket or Instant Game Ticket, or Instant Ticket - A Texas Lottery "$250,000
BINGO" Instant Game No. 826 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 "$250,000
BINGO" Instant Game is determined once the latex on the ticket is scratched
off to expose 193 (one hundred ninety-three) play symbols. For the game SLOTS,
if a player reveals 3 matching play symbols in any one PULL, the player wins
PRIZE for that pull. For the game INSTANT BONUS, if a player reveals a prize
amount play symbol, the player wins that amount instantly. For the game BINGO,
the player must scratch off the CALLER'S CARD area to reveal 30 (thirty) Bingo
Numbers. The player must scratch all the Bingo Numbers on CARDS 1 through
6 that match the Bingo Numbers on the CALLER'S CARD. Each CARD has a corresponding
prize legend. Players win by matching those same numbers on the six Player's
Cards. If the player finds a diagonal, vertical or horizontal straight line,
the four corners of the grid, or an X pattern, the player wins a prize according
to the legend of the respective playing grid. Examples of play: If a player
matches all bingo numbers plus the Free Space in a complete horizontal, vertical
or diagonal line pattern in any one card, the player wins prize according
to the legend of the respective playing card. If the player matches all bingo
numbers in all four (4) corners pattern in any one card, the player wins prize
according to the legend of the respective playing card. If the player matches
all bingo numbers plus Free Space to make a complete "X" pattern in any one
card, the player wins prize according to the legend of the respective playing
card. No portion of the display printing nor any extraneous matter whatsoever
shall be usable or playable as a part of the Instant Game.
2.1 Instant Ticket Validation Requirements.
A. To be a valid Instant Game ticket, all of the following requirements
must be met:
1. Exactly 193 (one hundred ninety-three) 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 193 (one
hundred ninety-three) 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 193 (one hundred ninety-three) Play Symbols must be exactly
one of those described in Section 1.2.C of these Game Procedures.
17. Each of the 193 (one hundred ninety three) Play Symbols on the ticket
must be printed in the Symbol font and must correspond precisely to the artwork
on file at the Texas Lottery; the ticket Serial Numbers must be printed in
the Serial font and must correspond precisely to the artwork on file at the
Texas Lottery; and the Pack-Ticket Number must be printed in the Pack-Ticket
Number font and must correspond precisely to the artwork on file at the Texas
Lottery;
18. The display printing on the ticket must be regular in every respect
and correspond precisely to the artwork on file at the Texas Lottery; and
19. The ticket must have been received by the Texas Lottery by applicable
deadlines.
B. The ticket must pass all additional validation tests provided for in
these Game Procedures, the Texas Lottery's Rules governing the award of prizes
of the amount to be validated, and any confidential validation and security
tests of the Texas Lottery.
C. Any Instant Game ticket not passing all of the validation requirements
is void and ineligible for any prize and shall not be paid. However, the Executive
Director may, solely at the Executive Director's discretion, refund the retail
sales price of the ticket. In the event a defective ticket is purchased, the
only responsibility or liability of the Texas Lottery shall be to replace
the defective ticket with another unplayed ticket in that Instant Game (or
a ticket of equivalent sales price from any other current Instant Lottery
game) or refund the retail sales price of the ticket, solely at the Executive
Director's discretion.
2.2 Programmed Game Parameters.
A. Consecutive non-winning tickets within a pack will not have identical
patterns.
B. A ticket will win as indicated by the prize structure.
C. A ticket can win up to three.
D. There will never be more than one win on a single Bingo Card.
E. The highest prize won per card will be paid.
F. No duplicate numbers will appear on the CALLER'S CARD.
G. No duplicate numbers will appear on each individual Bingo Card.
H. The number range used for each letter will be as follows: B: 01-15;
I: 16-30; N: 31-45; G: 46-60; O: 61-75.
I. Each Player's Card on the same ticket must be unique.
J. The 30 CALLER'S CARD numbers will match 53 to 83 numbers per ticket.
K. The "near wins" are to be distributed approximately equally in the six
Player's Cards.
L. There will be at least one (1) "near win" on each of the six (6) Player's
Cards on each non-winning ticket.
M. A "near win" is one number short of a complete horizontal, vertical,
diagonal line or 4 corners, except for the "X" where there are two numbers
less, one in each diagonal line (one of which must be a corner).
N. SLOTS: The Play area consists of nine (9) play symbols and three (3)
PRIZE symbols.
O. SLOTS: There will never be three (3) identical symbols in a vertical
or diagonal line.
P. SLOTS: No prize amount will appear more than once in this play area
except as required on multiple win tickets.
Q. SLOTS: Non-winning tickets will never contain more than two (2) of the
same play symbols over the entire play area.
R. SLOTS: Consecutive non-winning tickets within a book will not have identical
PULLS. For instance if the first ticket contains CHERRIES, CROWN, POT OF GOLD
in any PULL then the next ticket may not contain CHERRIES, CROWN and POT OF
GOLD in any row in any order.
S. SLOTS: Non-winning tickets will not have identical games. For example
if PULL 1 is CHERRIES, CROWN, and POT OF GOLD then PULL 2 and PULL 3 will
not contain CHERRIES, CROWN, and POT OF GOLD in any order.
T. SLOTS: Winning tickets will contain three (3) like Play Symbols in a
horizontal row.
U. SLOTS: Players can win as per the prize structure.
V. SLOTS: On winning tickets, non-winning games will have different prize
amounts from the winning prize amounts in this play area.
W. INSTANT BONUS: The Play area consists of one (1) Play Symbol.
X. INSTANT BONUS: Tickets that do not win in the Bonus Area will display
one of the nonwinning play symbols. Each of the non-winning play symbols will
appear approximately evenly.
Y. INSTANT BONUS: Winning tickets will display a prize amount: TEN DOLLARS,
TWENTY DOLLARS, FIFTY DOLLARS, SVY FIV DOLLARS, ONE HUN DOLLARS, TWO FTY DOLLARS
OR FIV HUN DOLLARS.
2.3 Procedure for Claiming Prizes.
A. To claim a "$250,000 BINGO" Instant Game prize of $10.00, $20.00, $30.00,
$50.00, $75.00, $100, $125, $175, $250, 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 $30.00, $50.00, $75.00, $100, $125, $250 or $500 ticket. In the event
the Texas Lottery Retailer cannot verify the claim, the Texas Lottery Retailer
shall provide the claimant with a claim form and instruct the claimant on
how to file a claim with the Texas Lottery. If the claim is validated by the
Texas Lottery, a check shall be forwarded to the claimant in the amount due.
In the event the claim is not validated, the claim shall be denied and the
claimant shall be notified promptly. A claimant may also claim any of the
above prizes under the procedure described in Section 2.3.B and Section 2.3.C
of these Game Procedures.
B. To claim a "$250,000 BINGO" Instant Game prize of $750, $1,000, $2,500,
$10,000 or $250,000, the claimant must sign the winning ticket and present
it at one of the Texas Lottery's Claim Centers. If the claim is validated
by the Texas Lottery, payment will be made to the bearer of the validated
winning ticket for that prize upon presentation of proper identification.
When paying a prize of $600 or more, the Texas Lottery shall file the appropriate
income reporting form with the Internal Revenue Service (IRS) and shall withhold
federal income tax at a rate set by the IRS if required. In the event that
the claim is not validated by the Texas Lottery, the claim shall be denied
and the claimant shall be notified promptly.
C. As an alternative method of claiming a "$250,000 BINGO" Instant Game
prize, the claimant must sign the winning ticket, thoroughly complete a claim
form, and mail both to: Texas Lottery Commission, Post Office Box 16600, Austin,
Texas 78761-6600. The risk of sending a ticket remains with the claimant.
In the event that the claim is not validated by the Texas Lottery, the claim
shall be denied and the claimant shall be notified promptly.
D. Prior to payment by the Texas Lottery of any prize, the Texas Lottery
shall deduct a sufficient amount from the winnings of a person who has been
finally determined to be:
1. delinquent in the payment of a tax or other money collected by the Comptroller,
the Texas Workforce Commission, or Texas Alcoholic Beverage Commission;
2. delinquent in making child support payments administered or collected
by the Attorney General; or
3. delinquent in reimbursing the Texas Health and Human Services Commission
for a benefit granted in error under the food stamp program or the program
of financial assistance under Chapter 31, Human Resources Code;
4. in default on a loan made under Chapter 52, Education Code; or
5. in default on a loan guaranteed under Chapter 57, Education Code.
E. If a person is indebted or owes delinquent taxes to the State, other
than those specified in the preceding paragraph, the winnings of a person
shall be withheld until the debt or taxes are paid.
2.4 Allowance for Delay of Payment. The Texas Lottery may delay payment
of the prize pending a final determination by the Executive Director, under
any of the following circumstances:
A. if a dispute occurs, or it appears likely that a dispute may occur,
regarding the prize;
B. if there is any question regarding the identity of the claimant;
C. if there is any question regarding the validity of the ticket presented
for payment; or
D. if the claim is subject to any deduction from the payment otherwise
due, as described in Section 2.3.D of these Game Procedures. No liability
for interest for any delay shall accrue to the benefit of the claimant pending
payment of the claim.
2.5 Payment of Prizes to Persons Under 18. If a person under the age of
18 years is entitled to a cash prize of less than $600 from the "$250,000
BINGO" Instant Game, the Texas Lottery shall deliver to an adult member of
the minor's family or the minor's guardian a check or warrant in the amount
of the prize payable to the order of the minor.
2.6 If a person under the age of 18 years is entitled to a cash prize of
more than $600 from the "$250,000 BINGO" Instant Game, the Texas Lottery shall
deposit the amount of the prize in a custodial bank account, with an adult
member of the minor's family or the minor's guardian serving as custodian
for the minor.
2.7 Instant Ticket Claim Period. All Instant Game prizes must be claimed
within 180 days following the end of the Instant Game or within the applicable
time period for certain eligible military personnel as set forth in Texas
Government Code Section 466.408. Any prize not claimed within that period,
and in the manner specified in these Game Procedures and on the back of each
ticket, shall be forfeited.
2.8 Disclaimer. The number of prizes in a game is approximate based on
the number of tickets ordered. The number of actual prizes available in a
game may vary based on number of tickets manufactured, testing, distribution,
sales and number of prizes claimed. An Instant Game ticket may continue to
be sold even when all the top prizes have been claimed.
3.0 Instant Ticket Ownership.
A. Until such time as a signature is placed upon the back portion of an
Instant Game ticket in the space designated, a ticket shall be owned by the
physical possessor of said ticket. When a signature is placed on the back
of the ticket in the space designated, the player whose signature appears
in that area shall be the owner of the ticket and shall be entitled to any
prize attributable thereto. Notwithstanding any name or names submitted on
a claim form, the Executive Director shall make payment to the player whose
signature appears on the back of the ticket in the space designated. If more
than one name appears on the back of the ticket, the Executive Director will
require that one of those players whose name appears thereon be designated
by such players to receive payment.
B. The Texas Lottery shall not be responsible for lost or stolen Instant
Game tickets and shall not be required to pay on a lost or stolen Instant
Game ticket.
4.0 Number and Value of Instant Prizes. There will be approximately 2,160,000
tickets in the Instant Game No. 826. The approximate number and value of prizes
in the game are as follows:
Figure 3: 16 TAC GAME NO. 826 - 4.0
A. The actual number of tickets in the game may be increased or decreased
at the sole discretion of the Texas Lottery Commission.
5.0 End of the Instant Game. The Executive Director may, at any time, announce
a closing date (end date) for the Instant Game No. 826 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. 826,
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-200700788
Kimberly Kiplin
General Counsel
Texas Lottery Commission
Filed: February 28, 2007
A public hearing to receive public comments regarding proposed new 16 TAC §402.603,
relating to Bond or Other Security, proposed new 16 TAC §402.204, relating
to Prohibited Price Fixing, and 16 TAC §402.505, relating to Permissible
Expense, will be held on Friday, March 30, 2007, at 10:00 a.m. at the Texas
Lottery Commission, Commission Auditorium, First Floor, 611 E. Sixth Street,
Austin, Texas 78701. Persons requiring any accommodation for a disability
should notify Michelle Guerrero, Executive Assistant to the General Counsel,
Texas Lottery Commission at (512) 344-5113 at least 72 hours prior to the
public hearing.
TRD-200700709
Kimberly L. Kiplin
General Counsel
Texas Lottery Commission
Filed: February 23, 2007
Consultant Contract Award
Pursuant to the provisions of Government Code, Chapter 2254, the North
Central Texas Council of Governments publishes this notice of consultant contract
award. The consultant proposal request appeared in the September 29, 2006,
issue of the
Texas Register
(31 TexReg 8294).
The selected consultant will perform technical and professional work to assist
in the development of the Dallas Area Rapid Transit (DART) Transit System
Travel Pattern Analysis.
The consultant selected for this project is NuStats, 3006 Bee Caves Road,
Suite A-300, Austin, Texas 78746. The maximum amount of this contract is $347,971.00.
TRD-200700781
R. Michael Eastland
Executive Director
North Central Texas Council of Governments
Filed: February 28, 2007
Pursuant to the provisions of Government Code, Chapter 2254, the North
Central Texas Council of Governments publishes this notice of consultant contract
award. The consultant proposal request appeared in the October 6, 2006, issue
of the
Texas Register
(31 TexReg 8433). The
selected consultant will perform technical and professional work to conduct
a Joint Land Use Study (JLUS).
The consultant selected for this project is DFW Advisors Ltd Co., 4600
Greenville Avenue, Suite 150, Dallas, Texas 75206. The maximum amount of this
contract is $229,465.00.
TRD-200700782
R. Michael Eastland
Executive Director
North Central Texas Council of Governments
Filed: February 28, 2007
Disciplinary Guidelines for Criminal Conduct
This document is provided by the Board of Nurse Examiners (Board) to inform
licensees and the public of the Board's view of the effect of the first commission
of certain crimes on nurse licensure and applicants for licensure. In some
instances, the document may provide guidance when multiple crimes are at issue.
This list is not exhaustive. Additionally, for further information, please
review the Nursing Practice Act (NPA); Texas Occupations Code, ch. 301; Board's
rules at 22 Texas Administrative Code (TAC) chs. 211 - 227; and the Board's
disciplinary policies located on the Board's web site, www.bne.state.tx.us.
The Board may request evaluations from Board-approved evaluators to better
determine the appropriate recommendation and/or to determine whether an individual
is safe to practice nursing and able to comply with the NPA and Board's rules
and regulations. The Board will also consider an offense under the law of
another state, federal law, or the Uniform Code of Military Justice that contains
elements that are substantially similar to the elements of an offense listed
in this guideline. Other applicable laws and rules are Texas Occupations Code,
ch. 53 and 22 TAC §§213.27 - 213.30.
Each case is considered on its own merits. The following list includes
some of the factors the Board will use in its case-by-case analysis:
* the nature and seriousness of the crime, i.e., absence of criminal plan
or premeditation, presence of contributing influences, evidence of immature
thought process/judgment at the time of activity, etc.;
* failure to disclose criminal offense to the Board;
* the actual damages, physical or otherwise, resulting from the criminal
activity;
* the extent and nature of the person's past criminal activity;
* conduct evidences a lack of truthfulness or trustworthiness;
* the age of the person when the crime was committed;
* the amount of time that has elapsed since the person's last criminal
activity;
* work activity of the person before and after the criminal activity;
* evidence of the person's rehabilitation or rehabilitative effort while
incarcerated or after release;
* a record of steady employment and has supported his or her dependents;
* other evidence of the person's present fitness, including letters of
recommendation from: prosecutors and law enforcement and correctional officers
who prosecuted, arrested, or had custodial responsibility for the person;
the sheriff or chief of police in the community where the person resides;
and any other persons in contact with the person;
* paid all outstanding court costs, supervision fees, fines, and evidence
of restitution to both victim and community;
* whether conduct indicates inability to practice nursing in an autonomous
role with patients/clients, their families and significant others and members
of the public who are or who may become physically, emotionally, or financially
vulnerable;
* evidence of remorse;
* evidence of current maturity and personal accountability;
* evidence of having learned from past mistakes;
* evidence of current support structures that will prevent future criminal
activity;
* evidence of current ability to practice in accordance with the Nursing
Practice Act, Board rules, and generally accepted standards of nursing;
* the extent to which a license might offer an opportunity to engage in
further criminal activity of the same type as that in which the person previously
had been involved;
* the relationship of the crime to the ability, capacity, or fitness required
to perform the duties and discharge the responsibilities of nursing practice;
* whether imprisonment followed a felony conviction, felony community supervision
revocation, revocation of parole, or revocation of mandatory supervision;
* conduct that results in the revocation of probation imposed because of
criminal conduct;
* evidence of the licensee's safe practice;
* expunction, nondisclosure of criminal offense;
* successful completion of probation/community supervision;
* if criminal activity due to chemical dependency including alcohol, evidence
of evaluation and treatment, after care and support group attendance (written
verification of compliance with any treatment); and
* if criminal activity due to mental illness, evidence of evaluation, including
a prognosis, by a psychologist or psychiatrist, evidence of treatment, including
any medication (written verification of compliance with any treatment).
Disciplinary Guidelines for Criminal Conduct (.pdf)
Note: Licensees may be excluded from working in various federally-funded
facilities for convictions for program-related fraud and patient abuse, licensing
board actions, and default on Health Education Assistance Loans. The Office
of Inspector General states that "[n]o payment will be made by any Federal
health care program for any items or services furnished, ordered, or prescribed
by an excluded individual or entity. Federal health care programs include
Medicare, Medicaid, and all other plans and programs that provide health benefits
funded directly or indirectly by the United States (other than the Federal
Employees Health Benefits Plan). For exclusions implemented prior to August
4, 1997, the exclusion covers the following Federal health care programs:
Medicare (Title XVIII), Medicaid (Title XIX), Maternal and Child Health Services
Block Grant (Title V), Block Grants to States for Social Services (Title XX)
and State Children's Health Insurance (Title XXI) programs." For more information,
see http://www.oig.hhs.gov/fraud/exclusions/aboutexclusions.html, and 1 TAC §371.1655
and §371.1657 (mandatory and permissive exclusions from Medicaid and
Title V, XIX, XX, and CHIP programs by the Texas Health and Human Services
Commission, Office of Inspector General).
The Board's recommendation regarding licensure is independent of any decision
by an employer or potential employer to hire a licensed nurse with a criminal
history.
TRD-200700694
Katherine Thomas
Executive Director
Board of Nurse Examiners
Filed: February 22, 2007
Announcement of Application for an Amendment to a State-Issued Certificate of Franchise Authority
The Public Utility Commission of Texas received an application on February
20, 2007, for an amendment to a state-issued certificate of franchise authority
(CFA), pursuant to §§66.001 - 66.016 of the Public Utility Regulatory
Act (PURA).
Project Title and Number: Application of Northland Cable Television, Inc.
for an Amendment to its State-Issued Certificate of Franchise Authority, Project
Number 33894 before the Public Utility Commission of Texas.
Information on the application may be obtained by contacting the Public
Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326,
or by phone at (512) 936-7120 or toll free at 1-888-782-8477. Hearing and
speech-impaired individuals with text telephone (TTY) may contact the commission
at (512) 936-7136 or toll free at 1-800-735-2989. All inquiries should reference
Project Number 33894.
TRD-200700737
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: February 23, 2007
Notice is given to the public of the filing with the Public Utility Commission
of Texas of an application on February 20, 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 Acacia Energy, Inc. for Retail
Electric Provider (REP) Certification, Docket Number 33893 before the Public
Utility Commission of Texas.
Applicant's requested service area by geography includes the geographic
area of the Electric Reliability Council 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 16, 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 33893.
TRD-200700736
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: February 23, 2007
Notice is given to the public of the filing with the Public Utility Commission
of Texas (commission) an application on February 20, 2007, to amend a certificate
of convenience and necessity for a proposed transmission line in Kerr County,
Texas.
Docket Style and Number: Application of LCRA Transmission Services Corporation
to Amend its Certificate of Convenience and Necessity for a 138-kV Transmission
Line in Kerr County, Texas. Docket Number 33844.
The Application: The proposed project is designated as the Rim Rock to
Goat Creek Transmission Line Project. LCRA Transmission Services Corporation
(LCRA TSC) proposes to design and construct a new 138-kV transmission line
in an area west of the City of Kerrville. The new transmission line will connect
the existing LCRA TSC Rim Rock Substation to the proposed LCRA TSC Goat Creek
Substation, and will connect to the existing Ingram to Harper Road transmission
line. The miles of right-of-way for this project will be approximately 8 miles
(preferred route). The estimated date to energize facilities is December 2009.
Persons wishing to intervene or comment on the action sought should contact
the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin,
Texas 78711-3326, or by phone at (512) 936-7120 or toll-free at 1-888-782-8477.
The deadline for intervention in this proceeding is April 6, 2007. Hearing
and speech-impaired individuals with text telephone (TTY) may contact the
commission at (512) 936-7136 or use Relay Texas (toll-free) 1-800-735-2989.
All comments should reference Docket Number 33844.
TRD-200700735
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: February 23, 2007
Notice is given to the public of Brazos Telecommunications, Inc.'s application
filed with the Public Utility Commission of Texas (commission) on February
12, 2007, to withdraw services pursuant to P.U.C. Substantive Rule §26.208.
Docket Title and Number: Application of Brazos Telecommunications, Inc.
to Withdraw Services from its Local Exchange Tariff; Docket Number 33869.
The Application: On February 12, 2007, pursuant to P.U.C. Substantive Rule §26.208(h),
Brazos Telecommunications, Inc. (BTI) filed an application to withdraw the
following services from its Local Exchange Tariff: Residential: 2-Party Service,
4-Party Service, and Manual Trunk; Business: Manual Trunk and Fire Reporting
Lines; Custom Call Packages: Custom Call Pak I and Custom Call Pak II; Economy
Packaged Services; and Standard Packaged Services. BTI stated there are no
current subscribers to any of these services and some services have become
obsolete with the introduction of new packages. Since there are no customers
affected by withdrawal of these services, Brazos requested that notice not
be required.
Persons wishing to comment on this application should contact the Public
Utility Commission of Texas, by March 20, 2007, by mail at P.O. Box 13326,
Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll-free at 1-888-782-8477.
Hearing and speech-impaired individuals with text telephone (TTY) may contact
the commission at (512) 936-7136 or toll-free 1-800-735-2989. All correspondence
should refer to Docket Number 33869.
TRD-200700800
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: February 28, 2007
Notice is given to the public of Brazos Telephone Cooperative, Inc.'s application
filed with the Public Utility Commission of Texas (commission) on February
12, 2007, to withdraw services pursuant to P.U.C. Substantive Rule §26.208.
Docket Title and Number: Application of Brazos Telephone Cooperative, Inc.
to Withdraw Services; Custom Call Packages, Custom Call Pak I and Custom Call
Pak II Services from its Local Exchange Tariff; Docket Number 33870.
The Application: On February 12, 2007, pursuant to P.U.C. Substantive Rule §26.208(h),
Brazos Telephone Cooperative, Inc. (Brazos) filed an application to withdraw
Custom Call Packages: Custom Call Pak I and Custom Call Pak II from its Local
Exchange Tariff. Brazos stated there are no current subscribers to these services
and they have become obsolete with the introduction of new packages. Since
there are no customers affected by withdrawal of these services, Brazos requested
that notice not be required.
Persons wishing to comment on this application should contact the Public
Utility Commission of Texas, by March 20, 2007, by mail at P.O. Box 13326,
Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll-free at 1-888-782-8477.
Hearing and speech-impaired individuals with text telephone (TTY) may contact
the commission at (512) 936-7136 or toll-free 1-800-735-2989. All correspondence
should refer to Docket Number 33870.
TRD-200700801
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: February 28, 2007
Notice is given to the public of Brazos Telephone Cooperative, Inc. (Brazos)
application filed with the Public Utility Commission of Texas (commission)
on February 12, 2007, for approval of a minor rate change pursuant to P.U.C.
Substantive Rule §26.171.
Docket Title and Number: Brazos Telephone Cooperative, Inc. Statement of
Intent to Implement a Minor Rate Change to the Monthly Local Exchange Access
Line Rates for Residence and Business Customers in its Local Exchange Tariff;
Docket Number 33871.
The Application: Brazos filed an application to change the rates of its
Monthly Local Exchange Access Line for residence and business customers in
its Local Exchange Tariff. The proposed effective date for the proposed rate
changes is June 1, 2007. The estimated annual revenue increase recognized
by Brazos is $11,413.44 or less than 5% of Brazos' gross annual intrastate
revenues. Brazos has 1,297 access lines (residence and business) in service
in the state of Texas.
If the commission receives a complaint(s) relating to this application
signed by the lesser of 5% or 1,500 of the affected local service customers
to which this application applies by May 1, 2007, the application will be
docketed. The 5% limitation will be calculated based upon the total number
of customers of record as of the calendar month preceding the commission's
receipt of the complaint(s).
Persons wishing to comment on this application should contact the Public
Utility Commission of Texas by May 1, 2007. Requests to intervene should be
mailed to the commission's Filing Clerk at P.O. Box 13326, Austin, Texas 78711-3326,
or you may call the commission at (512) 936-7120 or toll-free 1-800-735-2989.
Hearing and speech-impaired individuals with text telephones (TTY) may contact
the commission at (512) 936-7136. All correspondence should refer to Docket
Number 33871.
TRD-200700738
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: February 23, 2007
Notice is given to the public of Brazos Telecommunications, Inc. (Brazos
Telecommunications) application filed with the Public Utility Commission of
Texas (commission) on February 13, 2007, for approval of a minor rate change
pursuant to P.U.C. Substantive Rule §26.171.
Docket Title and Number: Brazos Telecommunications, Inc. Statement of Intent
to Implement a Minor Rate Change to the 1-Party Monthly Local Exchange Access
Line Rates for Residence and Business Customers in its Local Exchange Tariff;
Docket Number 33873.
The Application: Brazos Telecommunications, Inc. filed an application to
change the rates of its 1-Party Monthly Local Exchange Access Line for residence
and business customers in its Local Exchange Tariff. The proposed effective
date for the proposed rate changes is June 1, 2007. The estimated annual revenue
increase recognized by Brazos Telecommunications is $55,881 or less than 5%
of the company's gross annual intrastate revenues. Brazos Telecommunications
has 4,363 access lines (residence and business) in service in the state of
Texas.
If the commission receives a complaint(s) relating to this application
signed by the lesser of 5% or 1,500 of the affected local service customers
to which this application applies by May 1, 2007, the application will be
docketed. The 5% limitation will be calculated based upon the total number
of customers of record as of the calendar month preceding the commission's
receipt of the complaint(s).
Persons wishing to comment on this application should contact the Public
Utility Commission of Texas by May 1, 2007. Requests to intervene should be
mailed to the commission's Filing Clerk at P.O. Box 13326, Austin, Texas 78711-3326,
or you may call the commission at (512) 936-7120 or toll-free 1-800-735-2989.
Hearing and speech-impaired individuals with text telephones (TTY) may contact
the commission at (512) 936-7136. All correspondence should refer to Docket
Number 33873.
TRD-200700739
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: February 23, 2007
Request for Proposals
Pursuant to Texas Government Code, Article 2254, Sul Ross State University,
a member of the Texas State University System, announces the solicitation
for consultant services to conduct a salary study of all non-faculty positions
at Sul Ross State University.
Project Summary: The University is soliciting proposals for a salary review
and analysis of all non-faculty positions. The University wishes to determine
the appropriate market value of all non-faculty positions in relationship
to respective recruiting areas and in comparison to peer institutions. It
is the goal of the study to ensure that jobs are properly valued with respect
to both the external market and internal job equity. The review will incorporate
analysis of University organization charts, position descriptions, and pay
plans to gain an understanding of the organization and structure of the University.
There are currently 311 full-time non-faculty employees in all locations.
(approximately 180 job titles.) Consultant will be responsible for conducting
a market analysis for all non-faculty jobs and for preparing a market pricing
analysis to determine the competitiveness of pay pertinent to non-faculty
personnel. Consultant will also develop market based salary recommendations
for all non-faculty regular employees, analyze equity among comparable job
classes across divisions within the University and recommend salary corrections
for incumbents where appropriate. Consultant will develop and deliver implementation
plan for Sul Ross State University Human Resources staff and/or Executive
Committee including a cost impact analysis of suggested changes.
In accordance with the provisions of Texas Government Code §2254.028(c),
the president of Sul Ross State University has approved the use of a private
consultant and has determined that the required fact exists.
Proposals are to be received no later than 4:45 p.m. Monday, April 9, 2007.
A copy of the request for proposal packet is available upon request from Patty
Roach, Director of Purchasing, Sul Ross State University, P.O. Box C-116,
Alpine, Texas 79832, phone (432) 837-8045, fax (432) 837-8046.
Proposals will be evaluated on the fulfillment of the requirements as outlined
in the specifications and award will be based on the best value available
and the University's best interest. In determining the best value, factors
to be considered include but are not limited to: purchase price, reputation
of the vendor and of the vendor's services, the extent to which the services
meet the University's needs, total long-term cost of acquiring the vendor's
services, and any other relevant factor that a private business would consider
in selecting a vendor.
The University reserves the right to reject any and all proposals received
if it is determined to be in the best interest of the University. All material
submitted in response to this request becomes the property of the University
and may be reviewed by other vendors after the official review of the proposals.
TRD-200700784
Patty Roach
Director of Purchasing
Sul Ross State University
Filed: February 28, 2007
Aviation Division - Request for Proposal for Aviation Engineering Services
The City of Galveston, through its agent, the Texas Department of Transportation
(TxDOT), intends to engage an aviation professional engineering firm for services
pursuant to Government Code, Chapter 2254, Subchapter A. TxDOT Aviation Division
will solicit and receive proposals for professional aviation engineering design
services described below:
Airport Sponsor: City of Galveston, Scholes International Airport at Galveston.
TxDOT CSJ No. 0712GALST. Scope: Provide engineering/design services for landside
drainage study at the Scholes International Airport.
The
DBE
goal is set at 0%. TxDOT Project
Manager is John Wepryk, P.E.
To assist in your proposal preparation the most recent Airport Layout Plan,
5010 drawing, and project narrative are available online at
www.dot.state.tx.us/avn/avninfo/notice/consult/index.htm
by selecting
"Scholes International Airport at Galveston".
Interested firms shall utilize the latest version of Form AVN-550, titled
"Aviation Engineering Services Proposal". The form may be requested from TxDOT
Aviation Division, 125 E. 11th Street, Austin, Texas 78701-2483, phone number,
1-800-68-PILOT (74568). The form may be emailed by request or downloaded from
the TxDOT web site, URL address
http://www.dot.state.tx.us/forms/aviation/550.doc
. The form may not be altered in any way. All printing must be in black
on white paper, except for the optional illustration page. Firms must carefully
follow the instructions provided on each page of the form. Proposals may not
exceed the number of pages in the proposal format. The proposal format consists
of seven pages of data plus two optional pages consisting of an illustration
page and a proposal summary page. Proposals shall be stapled but not bound
in any other fashion. PROPOSALS WILL NOT BE ACCEPTED IN ANY OTHER FORMAT.
ATTENTION: To ensure utilization of the latest version of Form AVN-550,
firms are encouraged to download Form AVN-550 from the TxDOT website as addressed
above. Utilization of Form AVN-550 from a previous download may not be the
exact same format. Form AVN-550 is an MS Word Template.
Please note
:
Seven completed, unfolded copies of Form AVN-550
must be received
by TxDOT Aviation Division at 150 E. Riverside Drive,
5th Floor, South Tower, Austin, Texas 78704 no later than April 5, 2007, 4:00
p.m. Electronic facsimiles or forms sent by email will not be accepted. Please
mark the envelope of the forms to the attention of Sheri Quinlan.
The consultant selection committee will be composed of local government
members. The final selection by the committee will generally be made following
the completion of review of proposals. The committee will review all proposals
and rate and rank each. The criteria for evaluating engineering proposals
can be found at
http://www.dot.state.tx.us/services/aviation/consultant.htm
. All firms will be notified and the top rated firm will be contacted
to begin fee negotiations. The selection committee does, however, reserve
the right to conduct interviews for the top rated firms if the committee deems
it necessary. If interviews are conducted, selection will be made following
interviews.
If there are any procedural questions, please contact Sheri Quinlan, Grant
Manager, or John Wepryk, Project Manager for technical questions at 1-800-68-PILOT
(74568).
TRD-200700783
Bob Jackson
General Counsel
Texas Department of Transportation
Filed: February 28, 2007
Request for Statements of Qualifications Water Research Study Priority Topics
The Texas Water Development Board (board) requests the submission of Statements
of Qualifications (SOQs) from interested applicants leading to the possible
award of contracts for state Fiscal Year 2007 to conduct water research on
seven priority topics. The total amount of the grants awarded by the board
shall not exceed $700,000 from the Research and Planning Fund. Rules governing
the Research and Planning Fund (Title 31, Texas Administrative Code, Chapter
355) are available upon request from the board or may be found at the Secretary
of State's Internet address: http://www.sos.state.tx.us/tac/; then sequentially
select, "TAC Viewer," "Title 31," "Part 10," "Chapter 355," and "Subchapter
A." Guidelines for responding to the SOQ, which include an application form
and detailed information on the research topic, will be available at the board's
website at: http://www.twdb.state.tx.us/publications/requestforproposals/requestforproposals_index.asp,
or will be provided upon request.
Description of the Research Objectives and Purpose
Statements of Qualifications are requested for the following priority research
topics:
1. Effect of small surface water impoundments on
water supply reservoirs
The effect that stock tanks and USDA-Natural Resources Conservation Service
(NRCS) floodwater retarding structures have on the flow regime and yield of
larger water supply reservoirs is poorly understood. Beyond the hydrology,
these smaller structures have a potential to reduce the sedimentation rate
of water supply reservoirs, thus benefiting, in the long term, surface water
supplies from major reservoirs. A better understanding of the relationship
between small and large reservoirs in the state is needed, specifically on
the influence that small reservoirs may have on the ability of the state to
meet its future water supply needs.
Highlighting the problem is that many of the NRCS floodwater retarding
structures were originally designed for a 50-year life. In other words, after
50 years, it was expected that these structures would either be full of sediment
or need major renovation work. Most floodwater retaining structures were built
from the late 1950s through to the early 1970s and so most have either already
reached or are rapidly approaching their design life. As these structures
begin to fail, it is important that we understand the impact this may have
on our ability of the state to meet its future water supply needs.
The research topic has two components:
1. Investigate the effect that NRCS structures and smaller reservoirs are
having on the delivery of sediment to the larger (downstream) water supply
reservoirs, and more specifically, if there is a likely problem associated
with the fact that many of these smaller reservoirs have reached, or are approaching,
their design life.
2. Investigate the effect of NRCS structures and smaller reservoirs on
the yield of larger (downstream) water supply reservoirs. The research should
also focus on the effect of these reservoirs on base flow.
Both components of the study should include estimates for all the major
river basins of the state, but also use a specific watershed(s) for proof
of concept and ground-truth of any assumptions or estimates made.
2. Dams and reservoirs in Texas--an update of Report
126
In the early 1970s, the three volumes of the Texas Water Development Board
Report 126 were published. These volumes provided the structural details,
hydraulic characteristics, general information, and photographs of the dams
of major reservoirs in Texas. Since that time, some 45 major reservoirs have
been constructed; and there is no central repository of information related
to those dams. While the information exists in various locations, Report 126
has not been updated in over 30 years. With all of the bathymetric data that
has been collected by the Texas Water Development Board Hydrographic Survey
Program and the hydrology available from the state's Water Availability Models,
it is an opportune time to compile existing information available on the state's
major reservoirs and dams. Once this information is compiled, it is the ultimate
goal of staff to publish an update to Report 126.
The purpose of this study is to obtain and collate in one central location,
all the physical and hydrological information available for the state's dams
and reservoirs. All structural details, hydraulic characteristics, and other
general information up to the early 1970s are available in the three-volume
Texas Water Development Board Report 126. Post-1970 physical data is available
in several locations, including the U.S. Army Corps of Engineers, the Texas
Commission on Environmental Quality, the board, and various engineering consultancy
firms. Reservoir yield can be obtained from the Texas Commission on Environmental
Quality Water Availability Models and bathymetry, for many of the major reservoirs
has been collected by board staff through the hydrographic survey program.
Details of existing water rights are available from the Texas Commission on
Environmental Quality water rights database. This information should be made
available in one central location in digital form in coordination with board
staff. All existing physical and hydrological information for the state's
existing major dams and reservoirs will be assembled, formatted; QA/QC'd and
delivered to the agency in digital form.
3. Develop a baseline and a GIS tool to identify
industrial water reuse potential in Texas
Water use by industry is a major water supply need in Texas. One potential
option for a "new water" source for industry is treated municipal effluent.
One way to help encourage this more efficient use of water is to make data
available to municipalities and industry about the sources and potential users,
their locations relative to each other, and planning level cost estimates
of delivered water. Key locales around Texas with heavy industrial use adjacent
to municipalities could serve as a pilot for this research, which ultimately
might have national attention. A practical GIS-based tool identifying potential
water-reuse sources will facilitate inclusion of water reuse in the regional
water planning process. The results of the study will benefit the planning
groups, water users, engineering consultants, and industrial water users.
The research should answer:
1. What is the geographic location, range of volumes, and characteristics
of potential water reuse sources?
2. Who are the leading potential users of water reuse and where are they
located?
3. What parameters need to be considered to determine the range of costs
for utilizing water reuse as a water supply source?
4. What is the range of costs to treat and distribute water supplies developed
by reuse?
4. What is the Role of Drought Contingency/Management
Strategies in the Regional and State-wide Water Planning Process
To date, the planning groups have adopted the view that drought management
planning, identified as drought contingency plans in Texas Water Code, §11.1272,
is applicable only for short-term supply shortages or emergency conditions
and did not include this kind of strategy in the 2006 Regional Water Plans.
During the public comment period on the 2006 Regional Water Plans and the
2007 State Water Plan, there were numerous comments that the plans did not
adequately address the requirements for drought management planning. This
study is intended to analyze and define the role of drought management planning
in the regional and statewide water supply planning process.
The research should answer:
1. What is the intended result of the Texas Water Code §11.1272 requirements
for drought contingency plans for water providers?
2. What are the commonly used drought management measures in the required
drought contingency plans?
3. What are the differences between drought contingency plans and activities
and water conservation plans and activities?
4. Why are drought contingency not being used as water management strategies?
5. In the regional water plans, can drought management measures be evaluated
with the same criteria as other water management strategies?
6. In the regional water plans, how would the drought management measures
be utilized in combination with conservation and other strategies (i.e., after
conservation and before supply strategies)?
7. What are the impediments to implementation of the plans?
8. What changes may be needed in Water Code statutes, agency administrative
rules, and local ordinances?
Region H has also identified the need to better understand drought management
strategies and their use in planning in the current request for the third
round of regional water planning. This effort by Region H will be conducted
in a manner so that it will be integral and supportive of this priority research
topic.
5. Attitudes on Water Conservation Activities
Municipal water conservation strategies identified by planning groups in
their 2006 Regional Water Plans relied heavily on the Water Conservation Implementation
Task Force's Best Management Practices Guide and included aggressive plumbing
fixture replacement programs, more water-efficient landscaping codes, water
loss and leak detection programs, education and public awareness programs,
rainwater harvesting, and changes in water rate structures. Fifteen of the
16 planning groups recommended municipal water conservation. If either the
water supplier or their customer are not knowledgeable and willing, or able,
to participate in the water conservation activities as identified in their
regional water plan, then water savings, demand projections, and water needs
in general may not be met. This study would research the attitudes of both
the water supplier (utility) and the end-user (customer) on their willingness
and ability to participate in the water conservation activities identified
by the appropriate regional water plan.
The results of the study should identify the entities' or customers' willingness
of implementing and participating in water conservation activities practices
so future needs will be met.
The research should answer:
1. Are the providers and customers aware of and willing and able to implement
the strategies?
2. What economic, technical, and sociological considerations affect decisions
to engage in water conservation activity?
3. What solutions would be possible to any barriers of implementing the
water conservation activities?
4. What activities by the board or by local utilities could be implemented
to facilitate implementation of these activities?
6. Develop tools to improve the State's Water Availability
Models
Currently, the software used to analyze surface water availability in Texas
does not have the ability to report the flow at each and every control point
in the basin at every time step during model simulations. A software tool
enhancement is needed to help better analyze the data from Water Availability
Models.
The modeling system called Water Rights Availability Package (WRAP) is
a set of computer programs used to simulate management of the water resources
of river basins. The model helps determine how much and at what level of reliability
water will be available for environmental and human needs. Currently, WRAP
output only includes the flow at the control point of the water right when
that right is encountered in the water rights loop. This new feature should
monitor changes in the flow at a point as every basin water right is processed
within the water rights loop.
Development of a new software feature or tool that can track and report
flows at each and every control point in the basin as it is processed through
the priority loop is needed. The tool should enable the user to select a control
point(s) in the basin for examining the different flow types: regulated, naturalized
or available/unappropriated.
The tool will be used for the following purposes:
1. Troubleshooting existing or new coding sequences.
2. Modeling subordination, for example, if a downstream senior water right
wants to subordinate/waive a priority call/enter into an upstream contract
with a junior right. This tool would allow the user to determine the percentage
of flows at the junior water right that would be available for this purpose
and the actual effects on the senior water right. This would allow tailoring
of water management strategies to determine feasibility and eliminate undesirable
impacts.
3. Assisting in resolution of competing interests for water between regions
in the same river basin.
4. Identifying the effects on instream flows that result from a particular
strategy could be monitored more efficiently.
The tool should be constructed such that the output is generated as a separate
output file, much like the .yro, .bes and .hrr files used in the current model.
This would prevent the basic WRAP output files from growing ever larger and
more unmanageable and prevent conflicts between this tool and ongoing WRAP
updates. As part of the development of the tool, testing and Quality Assurance/Quality
Control (QA/QC) will be necessary to verify that the modifications do not
conflict with existing WRAP code. The actual source code will need to be included
as a deliverable.
7. Provide new analysis of water demand projections
for power generation
Research is needed to provide new analysis of water demand projections
for power generation. Recent events have highlighted the need for major expansions
in Texas generating capacity. While the most recent research effort sponsored
by the TWDB anticipated some increases in generating capacity, both the scope
of the increase in electricity demand and the anticipated technologies available
for meeting the demands highlight the need for a current and more comprehensive
analysis. The results will be of great value in developing the 2011 Regional
Water Plans.
The research should answer:
1. What are the most likely locations for new and expanded power generation
capacity?
2. What are the power generation technologies most likely to be adopted,
both in the near and long-term, and how will these technologies impact projections
of future water demand?
3. What types of water conservation technologies can be anticipated to
be developed and adopted, and at what rate will these technologies be adopted
by existing power plants?
Description of Applicant Criteria
The applicant should: (1) demonstrate prior experience in the priority
research topic; (2) be able to review, research, analyze, evaluate, and interpret
data and research findings; and (3) have excellent oral presentation and writing
abilities. An estimate of the total cost and a basic budget for the study
is requested. This estimate is to be used by the board for an indication of
total grant funding requested, will not be considered as a bid for the study,
and will not be used in the evaluation process when selecting applications
for consideration of approval for the research proposed. The board reserves
the right to not accept any or all submissions based on availability of funding
and its evaluation of the qualifications as submitted.
If the applicant is short-listed, the applicant should be prepared to make
an oral presentation to board staff. The scope of work, schedule, and contract
amount will be negotiated after the board selects the most qualified applicant.
Failure to reach a negotiated contract may result in subsequent negotiations
with the next most-qualified applicant; however, a negotiation will not occur
with applicants who are determined by the board to be unqualified or otherwise
unsuited to perform the requested research. Applicants selected to conduct
the research may be required to present the results of their research at one
or more of the board's monthly public meetings.
Deadline for Submittal, Review Criteria and Contact
Person for Additional Information
Historically Underutilized Businesses (HUBs) are encouraged to submit Statements
of Qualifications and/or participate as subcontractors in the water research
program. As instructed at Texas Administrative Code, §2161.252 and §111.14,
if the anticipated cost of the study is to exceed $100,000, the applicant
must complete a HUB Subcontracting Plan according to: http://www.tbpc.state.tx.us/communities/procurement/prog/hub/hub-subcontracting-plan.
All applicants must obtain the board's guidelines
for responding to the Statements of Qualifications.
The guidelines are available at http://www.twdb.state.tx.us/publications/requestforproposals/requestforproposals_index.asp.
Ten double-sided, double-spaced copies of a completed Statement of Qualifications
must be filed with the board prior to 5:00 p.m., April 18, 2007. Respondents
to this request shall limit their Statement of Qualifications to the size
previously mentioned, excluding the resumes of the project team members.
Statements of Qualifications can be directed either in person to Phyllis
Thomas, Texas Water Development Board, Stephen F. Austin Building, Room 513-E,
1700 North Congress Avenue, Austin, Texas; or by mail to Phyllis Thomas, Texas
Water Development Board, P.O. Box 13231--Capitol Station, Austin, Texas 78711-3231.
Requests for information and questions relating to the Statements of Qualifications
should be directed to Bill Roberts at the preceding address or by calling
(512) 936-0853, or by e-mail to: bill.roberts@twdb.state.tx.us.
TRD-200700798
Wendall Corrigan Braniff
General Counsel
Texas Water Development Board
Filed: February 28, 2007
Office of the Attorney General
Texas Health and Safety Code, Texas Water Code and Texas Clean Air Act Enforcement Action
Coastal Coordination Council
Comptroller of Public Accounts
Notice of Request for Proposals
Notice of Request for Proposals
Office of Consumer Credit Commissioner
Court Reporter Certification Board
Texas Education Agency
Texas Commission on Environmental Quality
Notice of District Petition
Notice of Opportunity to Comment on Default Orders of Administrative Enforcement Actions
Notice of Opportunity to Comment on Settlement Agreements of Administrative Enforcement Actions
Notice of Opportunity to Comment on Shut Down/Default Orders of Administrative Enforcement Actions
Notice of Public Hearing on Proposed Revisions to 30 TAC Chapter 114 and to the State Implementation Plan
Notice of Request for Public Comment and Notice of a Public Meeting for Seventeen Total Maximum Daily Loads
Notice of Water Quality Applications
Texas Health and Human Services Commission
Request for Proposals
Department of State Health Services
Texas Department of Insurance
Texas Lottery Commission
Public Comment Hearing
North Central Texas Council of Governments
Consultant Contract Award
Board of Nurse Examiners
Public Utility Commission of Texas
Notice of Application for a Certificate to Provide Retail Electric Service
Notice of Application to Amend a Certificate of Convenience and Necessity for a Proposed Transmission Line in Kerr County, Texas
Notice of Filing to Withdraw Services Pursuant to P.U.C. Substantive Rule §26.208
Notice of Filing to Withdraw Services Pursuant to P.U.C. Substantive Rule §26.208
Notice of Intent to Implement Minor Rate Changes Pursuant to P.U.C. Substantive Rule §26.171
Notice of Intent to Implement Minor Rate Changes Pursuant to P.U.C. Substantive Rule §26.171
Sul Ross State University
Texas Department of Transportation
Texas Water Development Board
WorkSource of the Coastal Bend (Coastal Bend Workforce Development Board)