Texas State Affordable Housing Corporation
Notice of Funding Availability
The Texas State Affordable Housing Corporation hereby gives Notice of Funding Availability (NOFA) for the Texas Foundations Fund. Funding availability for the 2008 Texas Foundations Fund is $250,000, up to $50,000 per grant. Eligible grant applicants are nonprofit organizations and rural government entities located in cities with a population less than 50,000 or counties with a population less than 100,000, not located in a federal Metropolitan Statistical Area, as of the last census. The threshold requirements for all proposals are 1) that the Project serves low-income individuals and/or families (50 % or below the Area Median Income adjusted for family size); 2) that the Project meets the Texas Foundations Fund Guidelines, including all program requirements, especially verifying that the Project is for the construction, rehabilitation, and/or critical repair of single family homes for homeowners who are Texas residents of very low-income or extremely low-income; OR the provision of supportive housing for very low-income residents of multifamily apartment complexes; and 3) that the nonprofit entity, the rural government entity, or the contractor for the rural government entity has completed similar Projects in the last three years (September 30, 2005 or later).
Proposals are due on Friday, September 19, 2008 by 5:00 p.m. and recommendations by the Advisory Council of the Texas Foundations Fund will be submitted to the Board of Directors at its regularly scheduled board meeting in October. Questions should be submitted in writing to Katherine Closmann by email at kclosmann@tsahc.org. To view the Texas Foundations Fund Guidelines, the full NOFA, and the Proposal Checklist, please go to www.tsahc.org.
TRD-200803529
David Long
President
Texas State Affordable Housing Corporation
Filed: July 9, 2008
Noncompetitive Procurement: DARS Information Resources Division Assessment
The Department of Assistive and Rehabilitative Services (DARS) has requested a proposal from an independent consultant to perform an assessment of the DARS Information Resources Division. The consultant will assess and document the "As Is" state of the division and conduct a strengths, weaknesses, opportunities, and threats (SWOT) analysis.
DARS is not soliciting offers for this work.
The proposal has been requested in accordance with the Department of Information Resources (DIR) Go DIRect program. DARS anticipates entering into a contract with the consultant on or about August 15, 2008.
For further information, please contact Kevin Warren, Program Specialist, DARS, 4900 North Lamar Boulevard, Austin, Texas 78751, (512) 424-4523.
TRD-200803480
Sylvia F. Hardman
General Counsel
Department of Assistive and Rehabilitative Services
Filed: July 7, 2008
Texas Health and Safety Code Settlement Notice
Notice is hereby given by the State of Texas of the following proposed revisions to the injunctive portions of a judgment rendered in a lawsuit brought under the Texas Health and Safety Code. Before the State may settle a judicial enforcement action under the Health and Safety Code, the State shall permit the public to comment in writing on the proposed judgment. The Attorney General will consider any written comments and may withdraw or withhold consent to the proposed agreed judgment if the comments disclose facts or considerations that indicate that the consent is inappropriate, improper, inadequate, or inconsistent with the requirements of the Code.
Case Title and Court: State of Texas v. La Joya Water Supply Corp., Cause No. GV400991; in the 53rd Judicial District Court, Travis County, Texas.
Nature of Defendant's Operations: Defendant operates a public drinking water system in Hidalgo and Starr Counties of Texas. Defendant's public drinking water system serves approximately 12,000 residents. The State initiated the suit to enforce the rules of the Texas Commission on Environmental Quality regarding the operation public drinking water systems. On April 29, 2004, the parties entered an Agreed Final Judgment, which provides for a permanent injunction ordering the Defendant to improve the system. On August 31, 2005, Defendant's water system was placed in the hands of a receiver, and on August 24, 2006, certain injunctive provisions in the Agreed Final Judgment were modified, based on changed circumstances.
Proposed Second Agreed Final Judgment and Modified Permanent Injunction: The parties now seek to file a second modification to the 2004 Agreed Final Judgment. The proposed changes would extend certain deadlines contained in the 2006 Modified Agreed Final Judgment and would acknowledge the completion of certain compliance objectives contained in the 2006 Modified Agreed Final Judgment.
For a complete description of the proposed settlement, the proposed Second Agreed Final Judgment and Modified Permanent Injunction should be reviewed. To request a copy, contact Tom Bohl at (512) 475-4228 or Melodie Cartwright at (512) 475-4034, send a request by facsimile to Tom Bohl, Assistant Attorney General, ATTN: Melodie Cartwright at (512) 320-0052, or mail a request to Tom Bohl, Assistant Attorney General, Office of the Texas Attorney General, P.O. Box 12548, Austin, Texas 78711-2548, ATTN: Melodie Cartwright. Written comments may be sent by facsimile to Tom Bohl, Assistant Attorney General, ATTN: Melodie Cartwright at (512) 320-0052, or by mail to Tom Bohl, Assistant Attorney General, Office of the Texas Attorney General, P.O. Box 12548, Austin, Texas 78711-2548, ATTN: Melodie Cartwright. Written comments must be received within 30 days of publication of this notice to be considered.
For more information regarding this publication, contact Cindy Hodges, Agency Liaison, at (512) 936-1841.
TRD-200803498
Stacey Napier
Deputy Attorney General
Office of the Attorney General
Filed: July 8, 2008
Notice and Opportunity to Comment on Requests for Consistency Agreement/Concurrence Under the Texas Coastal Management Program
On January 10, 1997, the State of Texas received federal approval of the Coastal Management Program (CMP) (62 Federal Register pp. 1439-1440). Under federal law, federal agency activities and actions affecting the Texas coastal zone must be consistent with the CMP goals and policies identified in 31 TAC Chapter 501. Requests for federal consistency review were deemed administratively complete for the following project(s) during the period of June 27, 2008, through July 3, 2008. 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 this activity extends 30 days from the date published on the Coastal Coordination Council's web site. The notice was published on the web site on July 9, 2008. The public comment period for this project will close at 5:00 p.m. on August 8, 2008.
FEDERAL AGENCY ACTIONS:
Applicant: Sanchez Oil and Gas Corporation; Location: The project is located near Spindletop Ditch, approximately 7.22 miles southeast of Frigridge, Jefferson County, Texas. The project can be located on the U.S.G.S. quadrangle map entitled: MAPNAME, Texas. Approximate UTM Coordinates in NAD 27 (meters): Zone 15; Easting: 375678; Northing: 3285571. Project Description: The applicant proposes to fill 3.766 acres of intermediate marsh to construct a 400-foot by 400-foot ring-leveed area for the purpose of preparing a well site to drill the Coronado West Prospect and a 90-foot by 90-foot access wing. Road access to this location will utilize existing roadways and levees. The entire drill site and access wing are located in jurisdictional wetlands. Board mats will be trucked in and laid on top of natural ground to create the drilling pad and access wing. Approximately 777 cubic yards of excavation will be required to construct the ring levees. The applicant proposes to mitigate for the proposed impacts by paying Edwin Arnaud, Inc. to place a portion of land within the Rose City Marsh into an environmental conservation easement. CCC Project No.: 08-0178-F1. Type of Application: U.S.A.C.E. permit application #SWG-2007-01455 is being evaluated under §404 of the Clean Water Act (33 U.S.C.A. §1344). Note: The consistency review for this project may be conducted by the Railroad Commission of Texas under §401 of the Clean Water Act (33 U.S.C.A. §1344).
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, including a copy the consistency certifications for inspection, may be obtained from 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 to (512) 475-0680.
TRD-200803495
Larry L. Laine
Chief Clerk/Deputy Land Commissioner, General Land Office
Coastal Coordination Council
Filed: July 7, 2008
The Consumer Credit Commissioner of Texas has ascertained the following rate ceilings by use of the formulas and methods described in §303.003 and §303.009, Texas Finance Code.
The weekly ceiling as prescribed by §303.003 and §303.009 for the period of 07/14/08 - 07/20/08 is 18% for Consumer1 /Agricultural/Commercial2/credit through $250,000.
The weekly ceiling as prescribed by §303.003 and §303.009 for the period of 07/14/08 - 07/20/08 is 18% for Commercial over $250,000.
1Credit for personal, family or household use.
2Credit for business, commercial, investment or other similar purpose.
TRD-200803497
Leslie L. Pettijohn
Commissioner
Office of Consumer Credit Commissioner
Filed: July 8, 2008
The East Texas Council of Governments (ETCOG) is issuing a Request for Proposals (RFP) for Back Up Transportation Services for the following counties: Anderson, Camp, Cherokee, Gregg, Harrison, Henderson, Marion, Panola, Rains, Rusk, Smith, Upshur, Van Zandt and Wood. The RFP is available to view online at www.etcog.org. Proposals are due to ETCOG on August 26, 2008 at 5:00 p.m. CST. There will be a bidders conference July 25, 2008 at 10:00 a.m. CST.
NOTE: Any corrections, alterations or answers to questions concerning the RFP will be posted at the aforementioned web site. It is the responsibility of the proposer to review the web site periodically for corrections, alterations or answers to questions.
ETCOG is an Equal Opportunity Employer Auxiliary aids and services are available upon request. (903) 984-8641 or TDD (800) 725-2989.
TRD-200803477
David A. Cleveland
Executive Director
East Texas Council of Governments
Filed: July 3, 2008
Request for Alternate Assessments for Student Success Initiative
Description. The Texas Education Agency (TEA) is notifying test publishers that assessment instruments for the alternate assessment option of the Student Success Initiative (SSI) may be submitted for review. Texas Education Code (TEC), §28.0211, specifies the grade advancement requirements enacted by the 76th Texas Legislature, 1999, as the SSI. This initiative mandates that students must pass specific subject-area tests at specific grade levels on the statewide assessment in order to be promoted to the next grade. These requirements apply to reading at Grades 3, 5, and 8 and to mathematics at Grades 5 and 8. Grades 3 and 5 include reading and mathematics in both English and Spanish.
These testing requirements are part of an overall system of support for student academic achievement on grade level. The SSI is a comprehensive set of services for students, including informal and formal assessment of student needs and corresponding early intervention activities that address those needs; research-based instructional programs; targeted accelerated instruction informed by multiple testing opportunities; and a grade placement committee that decides, on an individual student basis, the most effective way to support a student's academic achievement and individual accelerated education plan. Further information on the SSI is available on the TEA website at www.tea.state.tx.us/student.assessment.
Program Requirements. The TEC allows a school district the option of using an alternate assessment in place of the Texas Assessment of Knowledge and Skills (TAKS) on the third testing opportunity. TEC, §28.0211(b), specifies: "A school district may administer an alternate assessment instrument to a student who has failed an assessment instrument specified under Subsection (a) on the previous two opportunities. Notwithstanding any other provision of this section, a student may be promoted if the student performs at grade level on an alternate assessment instrument under this subsection that is appropriate for the student's grade level and approved by the commissioner."
Under 19 TAC Chapter 101, Assessment, Subchapter BB, Commissioner's Rules Concerning the Student Success Initiative, §101.2011, Alternate Assessment, the commissioner of education shall adopt a list of alternate assessments that school districts may use on the third testing opportunity. The rule specifies the following program requirements.
(a) On the third testing opportunity, each school district and charter school may establish by local board policy a district-wide procedure to use a state-approved alternate assessment instead of the statewide assessment instrument specified in 19 TAC §101.2003(a) (relating to grade advancement testing requirements). The commissioner of education shall provide annually, to school districts and charter schools, a list of state-approved group-administered achievement tests certified by test publishers as meeting the requirements of TEC, §28.0211. This list shall include nationally recognized instruments for obtaining valid and reliable data, which demonstrate a student's competencies in the applicable subject at the appropriate grade level range. The district shall select only one test for each applicable grade and subject to be used under this section.
(b) The alternate assessment must be given during the period established in the assessment calendar to coincide with the date of the third administration of the statewide assessment.
(c) A company or organization scoring a test defined in 19 TAC §101.2011(a) shall send the test results to the school district for verification within 10 working days following receipt of the test materials from the school district and shall send a copy of those results to the TEA in a format specified by and on a schedule established by the TEA.
(d) To maintain the security and confidential integrity of group-administered achievement tests, school districts and charter schools shall follow the procedures for test security and confidentiality delineated in 19 TAC Chapter 101, Assessment, Subchapter C, Security and Confidentiality.
Both criterion-referenced tests (CRTs) and norm-referenced tests (NRTs) are eligible for inclusion on the commissioner's list of alternate assessments.
In addition to the program requirements listed previously, alternate assessments must meet the following requirements specified for group-administered achievement tests under TEC, §39.032: (1) the school district may not use the same form of an assessment instrument for more than three years (both CRTs and NRTs); (2) the standardization norms may not be more than six years old at the time the test is administered (NRTs only); and (3) standardization norms must be based on a national probability sample that meets accepted standards for educational and psychological testing (NRTs only).
The commissioner's list of alternate assessment instruments is expected to be made available to local school districts and charter schools no later than January 2009.
Selection Criteria. Each instrument adopted by the commissioner must meet the following criteria, and proposals from test publishers must address each of these criteria and include a copy of the instrument and the administrative materials to be used.
Reliability and Validity. The proposal must describe the reliability and validity data for the test in accordance with applicable educational testing standards, as set forth by the American Educational Research Association, the American Psychological Association, and the National Council on Measurement in Education. The proposal must include discussion of measurement error.
Curriculum Alignment and Match. The proposal must demonstrate, using an acceptable, industry-recognized methodology, how the assessment instrument aligns with and matches the domain of the Texas Essential Knowledge and Skills (TEKS) for the grade and subject area tested. TAKS Information Booklets, which show the alignment of the TAKS with the TEKS for each grade and subject, are available on the TEA website at www.tea.state.tx.us/student.assessment.
Comparable Standard. The proposal must provide a plan to establish a comparable "passing" performance standard to the TAKS passing standard. This plan must describe a method for providing this comparable standard (e.g., the equipercentile or equivalent passing standards method) in accordance with applicable educational testing standards. The plan must also provide for the comparable passing standard to be established and made available to schools no later than May 29, 2009.
Reporting. Each assessment instrument administered in accordance with TEC, §28.0211, must be scored and the results returned to the appropriate school district not later than 10 days after receipt of the test materials by the alternate assessment contractor. The contractor must also send a copy of those results to the TEA in a format specified by and on a schedule established by the TEA.
Security. A test publisher must ensure that any tests offered for the purposes of this application have not been publicly disclosed or otherwise released in a manner that could compromise the validity of the instrument. The proposal must describe the procedures that will be followed to ensure the security of the test form while used for this program.
Additional Features. The proposal may include any additional benefits to the State of Texas as a result of the proposer's specific plan for providing an alternate assessment.
The commissioner shall have the right to select any or none of the instruments submitted for review. This notice is not a guarantee that a test will be selected.
Deadline for Receipt of Proposals. Proposals must be submitted to Carla Morita, Budget and Operations Manager, Student Assessment Division, Texas Education Agency, 1701 North Congress Avenue, Suite 3-122A, Austin, Texas 78701, by 5:00 p.m. (Central Time), Monday, September 15, 2008, to be considered. To have an assessment instrument returned after review, a cover letter requesting its return must be submitted with the proposal.
Further information. For additional information contact Carla Morita at carla.morita@tea.state.tx.us.
TRD-200803513
Cristina De La Fuente-Valadez
Director, Policy Coordination
Texas Education Agency
Filed: July 9, 2008
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 August 18, 2008 . 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 August 18, 2008. 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: Adelfo Hernandez dba 3H Auto Sales; DOCKET NUMBER: 2007-1479-AIR-E; IDENTIFIER: RN105308795; LOCATION: Grand Prairie, Tarrant County; TYPE OF FACILITY: used car lot; RULE VIOLATED: 30 Texas Administrative Code (TAC) §114.20(c)(1) and Texas Health and Safety Code (THSC), §382.085(b), by failing to equip the 1989 Ford Mustang with a three-way oxidation catalytic converter prior to offering it for sale; and 30 TAC §114.20(c)(2) and THSC, §382.085(b), by failing to maintain the required control systems in good operable condition; PENALTY: $450; ENFORCEMENT COORDINATOR: Cheryl Thompson, (817) 588-5800; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(2) COMPANY: AAMIR ENTERPRISES, INC dba Star Stop; DOCKET NUMBER: 2008-0577-PST-E; IDENTIFIER: RN101446771; LOCATION: Houston, Harris County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.50(b)(2)(A) and the Code, §26.3475(a), by failing to provide proper release detection for the pressurized piping associated with the underground storage tanks (USTs); 30 TAC §334.50(b)(2)(A)(i)(III) and the Code, §26.3475(a), by failing to test the line leak detectors for performance and operational reliability; and 30 TAC §115.245(2) and THSC, §382.085(b), by failing to verify proper operation of the Stage II equipment; PENALTY: $4,576; ENFORCEMENT COORDINATOR: Wallace Myers, (512) 239-6580; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(3) COMPANY: ADVANCE PETROLEUM DISTRIBUTING COMPANY, INC. dba Automated Fueling 82; DOCKET NUMBER: 2008-0810-PST-E; IDENTIFIER: RN102485877; LOCATION: Fort Worth and South Lake, Tarrant County; TYPE OF FACILITY: fuel distributor; RULE VIOLATED: 30 TAC §115.221 and THSC, §382.085(b), by failing to control displaced vapors by a vapor control or a vapor balance system during the transfer of gasoline; PENALTY: $1,120; ENFORCEMENT COORDINATOR: Rajesh Acharya, (512) 239-0577; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(4) COMPANY: American Commodities, Inc.; DOCKET NUMBER: 2008-0754-WQ-E; IDENTIFIER: RN1054980361; LOCATION: Laredo, Webb County; TYPE OF FACILITY: used oil transfer and rail car cleaning; RULE VIOLATED: 30 TAC §281.25(a)(4) and 40 Code of Federal Regulations (CFR) §122.26(c), by failing to obtain authorization to discharge storm water associated with industrial activities; PENALTY: $1,800; ENFORCEMENT COORDINATOR: Steve Villatoro, (512) 239-4930; REGIONAL OFFICE: 1403 Seymour, Suite 2, Laredo, Texas 78040-8752, (956) 691-6611.
(5) COMPANY: Apple Springs Independent School District; DOCKET NUMBER: 2008-0510-MWD-E; IDENTIFIER: RN101607851; LOCATION: Trinity County; TYPE OF FACILITY: wastewater treatment system; RULE VIOLATED: 30 TAC §305.125(1), Texas Pollutant Discharge Elimination System (TPDES) Permit Number WQ0014086001, Effluent Limitations and Monitoring Requirements Number 6, and the Code, §26.121(a), by failing to comply with the permitted effluent limitation for dissolved oxygen (DO); and 30 TAC §305.125(1) and TPDES Permit Number WQ0014086001, Other Requirements Number 7, by failing to submit a groundwater monitoring plan; PENALTY: $4,500; Supplemental Environmental Project (SEP) offset amount of $3,600 applied to Angelina Beautiful Clean ENFORCEMENT COORDINATOR: Lynley Doyen, (512) 239-1364; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1982, (409) 898-3838.
(6) COMPANY: Ash Grove Texas, L.P.; DOCKET NUMBER: 2008-0407-AIR-E; IDENTIFIER: RN100225978; LOCATION: Midlothian, Ellis County; TYPE OF FACILITY: portland cement manufacturing plant; RULE VIOLATED: 30 TAC §122.146(1) and (2) and THSC, §382.085(b), by failing to submit the required annual compliance certification; and 30 TAC §122.145(2)(A) - (C) and §122.146(1) and (2), and THSC, §382.085(b), by failing to timely submit the required deviation report; PENALTY: $16,725; SEP offset amount of $6,690 applied to City of Fort Worth - "Mow Down Air Pollution" lawn mower exchange event; ENFORCEMENT COORDINATOR: Jorge Ibarra, (817) 588-5800; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(7) COMPANY: Axtell Water Supply Corporation; DOCKET NUMBER: 2008-0710-PWS-E; IDENTIFIER: RN101442648; LOCATION: Axtell, McLennan County; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.45(b)(1)(D)(v), by failing to provide emergency power that will deliver water at a rate of 0.35 gallons per minute (gpm) per connection; 30 TAC §290.45(b)(1)(D)(iv) and THSC, §341.0315(c), by failing to provide a pressure tank capacity of 20 gallons per connection; and 30 TAC §290.42(b)(2)(C), by failing to provide a 16-mesh or finer corrosion-resistant screen; PENALTY: $687; ENFORCEMENT COORDINATOR: Epifanio Villareal, (210) 490-3096; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.
(8) COMPANY: Belvan Corp.; DOCKET NUMBER: 2007-1548-AIR-E; IDENTIFIER: RN100214022; LOCATION: Crockett County; TYPE OF FACILITY: gas plant; RULE VIOLATED: 30 TAC §101.10(e) and THSC, §382.085(b), by failing to submit a 2006 annual emissions inventory update; PENALTY: $3,000; ENFORCEMENT COORDINATOR: Aaron Houston, (409) 898-3838; REGIONAL OFFICE: 622 South Oakes, Suite K, San Angelo, Texas 76903-7013, (915) 655-9479.
(9) COMPANY: BP Amoco Chemical Company; DOCKET NUMBER: 2008-0628-AIR-E; IDENTIFIER: RN102536307; LOCATION: Texas City, Galveston County; TYPE OF FACILITY: chemical plant; RULE VIOLATED: 30 TAC §116.715(a), Permit Number 1176, Special Condition (SC) Number 1, and THSC, §382.085(b), by failing to maintain an emission rate below the maximum allowable emission limits; and 30 TAC §116.715(a), Permit Number 1176, SC Number 4B, 40 CFR §60.18(c)(2), and THSC, §382.085(b), by failing to operate with a flame present at all times; PENALTY: $10,000; ENFORCEMENT COORDINATOR: Jorge Ibarra, (817) 588-5800; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(10) COMPANY: Charles R. Brown; DOCKET NUMBER: 2008-0554-PST-E; IDENTIFIER: RN102011699; LOCATION: Avoca, Jones County; TYPE OF FACILITY: property with two inactive USTs; RULE VIOLATED: 30 TAC §334.47(a)(2), by failing to permanently remove from service, no later than 60 days after the prescribed upgrade implementation date, two USTs; PENALTY: $4,750; ENFORCEMENT COORDINATOR: Judy Kluge, (817) 588-5800; REGIONAL OFFICE: 1977 Industrial Boulevard, Abilene, Texas 79602-7833, (915) 698-9674.
(11) COMPANY: Chesapeake Energy Marketing, Inc.; DOCKET NUMBER: 2008-0684-WR-E; IDENTIFIER: RN105487706; LOCATION: Grand Prairie, Tarrant County; TYPE OF FACILITY: fracture drilling operation; RULE VIOLATED: 30 TAC §297.11 and the Code, §11.121, by failing to obtain a temporary water rights permit; PENALTY: $575; ENFORCEMENT COORDINATOR: Andrew Hunt, (512) 239-1203; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(12) COMPANY: City of Corpus Christi; DOCKET NUMBER: 2008-0399-MWD-E; IDENTIFIER: RN101610079; LOCATION: Nueces County; TYPE OF FACILITY: wastewater treatment collection system; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number WQ0010401006, Permit Conditions Number 2.g, and the Code, §26.121(a), by failing to prevent the unauthorized discharge of wastewater; PENALTY: $18,180; SEP offset amount of $14,544 applied to Coastal Bend Bays and Estuaries Program, Inc.; ENFORCEMENT COORDINATOR: Andrew Hunt, (512) 239-1203; REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5503, (361) 825-3100.
(13) COMPANY: Mamie Dell Baker dba Country Living Mobile Home Park; DOCKET NUMBER: 2008-0324-MWD-E; IDENTIFIER: RN101513307; LOCATION: Harrison County; TYPE OF FACILITY: wastewater treatment system; RULE VIOLATED: 30 TAC §305.65 and §305.125(2) and the Code, §26.121(a), by failing to maintain authorization for the discharge of wastewater; and 30 TAC §290.51(a)(3) and the Code, §5.702, by failing to pay the outstanding public health service fee; PENALTY: $11,660; ENFORCEMENT COORDINATOR: Craig Fleming, (512) 239-5506; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.
(14) COMPANY: Chris Trout dba CTS C Store 1; DOCKET NUMBER: 2008-0394-PST-E; IDENTIFIER: RN101433456; LOCATION: Wylie, Collin County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.50(d)(1)(B)(ii) and the Code, §26.3475(c)(1), by failing to conduct reconciliation of inventory control records; 30 TAC §334.50(b)(2)(A)(i)(III) and the Code, §26.3475(a), by failing to test the line leak detectors; 30 TAC §334.50(b)(2) and the Code, §26.3475(a), by failing to provide proper release detection for the piping associated with the UST system; and 30 TAC §334.51(a)(6) and the Code, §26.3475(c)(2), by failing to ensure that all spill and overfill prevention devices are maintained in good operating condition; PENALTY: $7,230; ENFORCEMENT COORDINATOR: Wallace Myers, (512) 239-6580; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(15) COMPANY: DCP Midstream, LP; DOCKET NUMBER: 2008-0695-AIR-E; IDENTIFIER: RN100219955; LOCATION: Hansford County; TYPE OF FACILITY: gas plant; RULE VIOLATED: 30 TAC §113.1090, 40 CFR §63.6600(a), and THSC, §382.085(b), by failing to reduce formaldehyde (CH2 O) emissions by 76% or more or limit the concentration of CH2O to 350 parts per billion or less at 15% oxygen; PENALTY: $2,575; ENFORCEMENT COORDINATOR: Cheryl Thompson, (817) 588-5800; REGIONAL OFFICE: 3918 Canyon Drive, Amarillo, Texas 79109-4933, (806) 353-9251.
(16) COMPANY: DESI GROUP, INC. dba Fina Mart; DOCKET NUMBER: 2008-0444-PST-E; IDENTIFIER: RN102361060; LOCATION: Grand Prairie, Dallas County; 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 §115.242(1)(C) and THSC, §382.085(b), by failing to upgrade the Stage II equipment to onboard refueling vapor recovery compatible systems; 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; 30 TAC §334.45(c)(3)(A), by failing to install an emergency shutoff valve on each pressurized delivery or product line and ensure that it is securely anchored at the base of the dispenser; 30 TAC §334.49(c)(4) and the Code, §26.3475(d), by failing to have the cathodic protection system inspected and tested for operability and adequacy of protection; 30 TAC §334.50(b)(1)(A) and the Code, §26.3475(c)(1), by failing to ensure that all USTs are monitored in a manner which will detect a release; 30 TAC §334.50(b)(2) and the Code, §26.3475(a), by failing to provide release detection for the piping associated with the USTs; 30 TAC §334.50(b)(2)(A)(i)(III) and the Code, §26.3475(a), by failing to test the line leak detectors at least once per year for performance and operational reliability; and 30 TAC §334.50(d)(1)(B)(ii) and the Code, §26.3475(c)(1), by failing to conduct reconciliation of detailed inventory control records; PENALTY: $12,038; ENFORCEMENT COORDINATOR: Judy Kluge, (817) 588-5800; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(17) COMPANY: DONALD C. MOORE & SONS, INC. dba Handi Stop 3; DOCKET NUMBER: 2008-0404-PST-E; IDENTIFIER: RN102653029; LOCATION: George West, Live Oak County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.49(a) and the Code, §26.3475(d), by failing to provide proper corrosion protection for the UST system; 30 TAC §334.50(b)(1)(A) and the Code, §26.3475(c)(1), by failing to monitor USTs for releases; and 30 TAC §334.48(c), by failing to conduct effective manual or automatic inventory control procedures for all USTs; PENALTY: $13,750; ENFORCEMENT COORDINATOR: Rajesh Acharya; REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5503, (361) 825-3100.
(18) COMPANY: Elm Creek Water Supply Corporation; DOCKET NUMBER: 2008-0485-PWS-E; IDENTIFIER: RN101217818; LOCATION: Moody, McLennan County; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.43(e), by failing to provide an intruder-resistant fence; 30 TAC §290.46(m)(4), by failing to maintain distribution system lines, water storage and pressure maintenance facilities, and related appurtenances in a watertight condition; and 30 TAC §290.45(b)(1)(D)(i) and §290.45(f)(4) and THSC, §341.0315(c), by failing to provide a total production capacity of 0.6 gpm per connection; PENALTY: $472; ENFORCEMENT COORDINATOR: Stephen Thompson, (512) 239-2558; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.
(19) COMPANY: Equistar Chemicals, LP; DOCKET NUMBER: 2008-0591-AIR-E; IDENTIFIER: RN100221662; LOCATION: Corpus Christi, Nueces County; TYPE OF FACILITY: industrial organic chemical manufacturing company; RULE VIOLATED: 30 TAC §111.111(a)(4) and §116.115(b)(2)(F) and (c), Air Permit Number 4682B, General Conditions and SC Number 27(C), and THSC, §382.085(b), by failing to prevent unauthorized emissions; PENALTY: $6,000; SEP offset amount of $2,400 applied to Beautify Corpus Christi Association - Cleanup of Illegal Dump Sites; ENFORCEMENT COORDINATOR: John Muennink, (361) 825-3100; REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5503, (361) 825-3100.
(20) COMPANY: Friedman Recycling of El Paso LP; DOCKET NUMBER: 2008-0255-MSW-E; IDENTIFIER: RN105231880; LOCATION: El Paso, El Paso County; TYPE OF FACILITY: municipal solid waste recycling; RULE VIOLATED: 30 TAC §37.921 and §328.5(d), by failing to establish and maintain financial assurance for the closure of a recycling facility; 30 TAC §328.5(h), by failing to have a fire prevention and suppression plan; 30 TAC §328.5(c), by failing to submit a written closure cost estimate; and 30 TAC §330.7(a), by failing to obtain a permit, registration or alternative compliance for the processing of recyclable material that contains more than incidental amounts of non-recyclable waste; PENALTY: $13,872; ENFORCEMENT COORDINATOR: Clinton Sims, (512) 239-6933; REGIONAL OFFICE: 401 East Franklin Avenue, Suite 560, El Paso, Texas 79901-1206, (915) 834-4949.
(21) COMPANY: Gulf Coast Waste Disposal Authority; DOCKET NUMBER: 2008-0375-MWD-E; IDENTIFIER: RN102183340; LOCATION: Friendswood, Harris County; TYPE OF FACILITY: wastewater treatment plant; RULE VIOLATED: 30 TAC §305.125(4), TPDES Permit Number WQ0011571001, Permit Conditions Number 2.g, and the Code, §26.121(a), by failing to prevent the unauthorized discharge of wastewater; PENALTY: $7,810; SEP offset amount of $6,248 applied to Galveston Bay Foundation - "Marsh Mania"; ENFORCEMENT COORDINATOR: Heather Brister, (254) 751-0335; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(22) COMPANY: Hanson Pipe & Precast, Inc.; DOCKET NUMBER: 2008-0594-WQ-E; IDENTIFIER: RN104168356; LOCATION: Lorena, McLennan County; TYPE OF FACILITY: concrete products batch plant; RULE VIOLATED: the Code, §26.121, by failing to prevent the unauthorized discharge of waste laden storm water; PENALTY: $750; ENFORCEMENT COORDINATOR: Andrew Hunt, (512) 239-1203; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.
(23) COMPANY: International Wood, LLC; DOCKET NUMBER: 2008-0236-AIR-E; IDENTIFIER: RN100215458; LOCATION: Weslaco, Hidalgo County; TYPE OF FACILITY: drapery hardware, blinds, and shades manufacturing plant; RULE VIOLATED: 30 TAC §122.146(2) and THSC, §382.085(b), by failing to submit a permit compliance certification; PENALTY: $2,375; ENFORCEMENT COORDINATOR: Samuel Short, (512) 239-5363; REGIONAL OFFICE: 1804 West Jefferson Avenue, Harlingen, Texas 78550-5247, (956) 425-6010.
(24) COMPANY: City of Joaquin; DOCKET NUMBER: 2005-1747-MWD-E; IDENTIFIER: RN102095437; LOCATION: Joaquin, Shelby County; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(5), TPDES Permit Number 12718001, Permit Conditions Number 2(g), and the Code, §26.121(a), by failing to prevent unauthorized discharges; 30 TAC §305.125(1) and §319.11(d) and TPDES Permit Number 12718001, Monitoring and Reporting Requirements Number 2, by failing to install and maintain the appropriate staff gauge; 30 TAC §305.125(11)(C) and §319.7(a) and TPDES Permit Number 12718001, Monitoring and Reporting Requirements Number 3(c), by failing to maintain complete records of monitoring activities; 30 TAC §305.125(5) and §317.3(e)(4)(C) and TPDES Permit Number 12718001, Operational Requirements Number 1, by failing to ensure that all systems of collection, treatment, and disposal are properly operated and maintained; 30 TAC §305.125(5) and TPDES Permit Number 12718001, Operational Requirements Number 1, by failing to implement adequate process control testing; 30 TAC §305.125(1) and TPDES Permit Number 12718001, Other Requirements Number 8(g), by failing to install soil moisture monitoring sensors; 30 TAC §305.125(12) and §319.7(c) and TPDES Permit Number 12718001, Permit Conditions Number 1(a), by failing to report the correct analytical results on the Discharge Monitoring Report (DMR); 30 TAC §305.125(1) and §305.126(a) and TPDES Permit Number 12718001, Operational Requirements Numbers 1 and 8(a), by failing to obtain authorization to commence construction of additional treatment and/or collection facilities upon reaching 90% of the permitted daily average flow; 30 TAC §305.125(5) and TPDES Permit Number 12718001, Operational Requirements Number 1, by failing to ensure that all systems of collection, treatment, and disposal are operated and maintained; 30 TAC §317.4(a)(8) and §317.7(i) and TPDES Permit Number 12718001, Operational Requirements Number 1, by failing to have an atmospheric vacuum breaker installed on the hose bib; 30 TAC §305.125(1) and (17) and TPDES Permit Number 12718001, Sludge Provisions Section II Subsection F, by failing to submit the annual sludge reports; 30 TAC §305.125(1) and (11)(B) and TPDES Permit Number 12718001, Sludge Provisions Section II Subsection E.6, by failing to maintain records of the agronomic loading rate; 30 TAC §305.125(5), TPDES Permit Number 12718001, Operational Requirements Number 1, Interim Effluent Limitations and Monitoring Requirements Number 4, Permit Conditions Number 2(g), and the Code, §26.121(a), by failing to prevent the discharge and accumulation of sludge in the receiving stream; 30 TAC §317.3(b)(1) and (e)(5) and TPDES Permit Number 12718001, Operational Requirements Number 1, by failing to ensure that all systems of collection, treatment, and disposal are properly operated and maintained; and 30 TAC §30.350(d), by allowing an unlicensed person to operate the facility; PENALTY: $92,040; SEP offset amount of $73,632 applied to Texas Association of Resource Conservation and Development Areas, Inc. ("RC&D") - Water or Wastewater Treatment Assistance; ENFORCEMENT COORDINATOR: Pamela Campbell, (512) 239-4493; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.
(25) COMPANY: City of Maud; DOCKET NUMBER: 2008-0603-MWD-E; IDENTIFIER: RN103138202; LOCATION: Bowie County; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number WQ0014025001, Effluent Limitations and Monitoring Requirements Numbers 1, 2, and 3, and the Code, §26.121(a), by failing to comply with the permitted effluent limitations for five-day biochemical oxygen demand (BOD5), pH, total suspended solids (TSS) and total chlorine residual; PENALTY: $9,400; SEP offset amount of $7,520 applied to RC&D - Unauthorized Trash Dump Clean-Up; ENFORCEMENT COORDINATOR: Lynley Doyen, (512) 239-1364; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.
(26) COMPANY: City of McGregor; DOCKET NUMBER: 2008-0587-MWD-E; IDENTIFIER: RN101609220; LOCATION: McLennan County; TYPE OF FACILITY: wastewater treatment plant; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number WQ0010219002, Effluent Limitations and Monitoring Requirements Number 1, and the Code, §26.121(a)(1), by failing to comply with permit effluent limits for TSS; and 30 TAC §305.125(17) and TPDES Permit Number WQ0010219002, Sludge Provisions, by failing to submit the annual sludge report; PENALTY: $3,507; ENFORCEMENT COORDINATOR: Heather Brister, (254) 751-0335; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.
(27) COMPANY: Melrose Construction, Inc.; DOCKET NUMBER: 2008-0457-WQ-E; IDENTIFIER: RN105464515; LOCATION: Glen Rose, Somervell County; TYPE OF FACILITY: residential construction site; RULE VIOLATED: 30 TAC §281.25(a)(4) and 40 CFR §122.26(c), by failing to develop and implement a storm water pollution prevention plan and obtain authorization coverage to discharge storm water associated with construction activities; PENALTY: $1,500; ENFORCEMENT COORDINATOR: Jorge Ibarra, (817) 588-5800; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(28) COMPANY: Grady W. Mosley; DOCKET NUMBER: 2008-0415-PST-E; IDENTIFIER: RN101892875; LOCATION: Troup, Smith County; TYPE OF FACILITY: two inactive USTs; RULE VIOLATED: 30 TAC §334.47(a)(2), by failing to permanently remove from service, no later than 60 days after the prescribed implementation date, two USTs; 30 TAC §334.7(d)(3), by failing to notify the agency of any change or additional information regarding USTs; and 30 TAC §334.22(a) and the Code, §5.702, by failing to pay outstanding UST fees and associated late fees; PENALTY: $6,300; ENFORCEMENT COORDINATOR: Steven Lopez, (512) 239-1896; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.
(29) COMPANY: Near Bore Resources, Inc.; DOCKET NUMBER: 2008-0312-MLM-E; IDENTIFIER: RN105170518; LOCATION: New London, Rusk County; TYPE OF FACILITY: pyrolysis plant; RULE VIOLATED: 30 TAC §328.60(a), by failing to obtain a scrap tire storage site registration; 30 TAC §328.63(c), by failing to obtain a scrap tire facility registration; 30 TAC §335.62 and §335.78(g)(1) and 40 CFR §262.11(a), by failing to perform hazardous waste determinations on wastes generated by the facility; and 30 TAC §335.6(c), by failing to notify the Executive Director as a generator of industrial waste; PENALTY: $26,000; ENFORCEMENT COORDINATOR: Ross Fife, (512) 239-2541; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.
(30) COMPANY: City of Port Arthur; DOCKET NUMBER: 2007-0787-MWD-E; IDENTIFIER: RN101608024; LOCATION: Jefferson County; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1) and TPDES Permit Number 10364010, Operational Requirements Number 1, by failing to properly maintain the collection system; 30 TAC §305.125(5) and TPDES Permit Number 10364010, Operational Requirements Number 1, by failing to ensure that all systems of collection, treatment, and disposal are properly operated and maintained; 30 TAC §305.125(1), TPDES Permit Number 10364010, Permit Conditions Number 2(g), and the Code, §26.121(a), by failing to prevent the unauthorized discharge of wastewater; and 30 TAC §305.125(17) and §319.7(a)(4) and (c), and TPDES Permit Number 10364010, Monitoring and Reporting Requirements Numbers 1 and 3(b), by failing to accurately complete the DMRs and have them readily available for review; PENALTY: $13,860; SEP offset amount of $6,000 applied to Wastewater Treatment Assistance; SEP offset amount of $5,088 applied to Jefferson County Pleasure Island Shoreline Stabilization; ENFORCEMENT COORDINATOR: Pamela Campbell, (512) 239-4493; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.
(31) COMPANY: Safety-Kleen Systems, Inc.; DOCKET NUMBER: 2008-0620-IWD-E; IDENTIFIER: RN103896387; LOCATION: Denton County; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number WQ0004336000, Effluent Limitations and Monitoring Requirements Number 1, and the Code, §26.121(a), by failing to comply with the permitted effluent limitations for chemical oxygen demand and total organic carbon; and 30 TAC §305.125(17) and §319.7(d) and TPDES Permit Number WQ0004336000, Monitoring and Reporting Requirements Number 1, by failing to timely submit monitoring results; PENALTY: $4,070; ENFORCEMENT COORDINATOR: Lauren Smitherman, (512) 239-5223; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(32) COMPANY: San Antonio Water System; DOCKET NUMBER: 2008-0379-MWD-E; IDENTIFIER: RN102182789; LOCATION: Bexar County; TYPE OF FACILITY: wastewater treatment system; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number WQ0010137004, Effluent Limitations and Monitoring Requirements Numbers 1, 2, and 5, and the Code, §26.121(a), by failing to comply with the permitted effluent limitations for DO, pH, and TSS; PENALTY: $7,400; ENFORCEMENT COORDINATOR: Lauren Smitherman, (512) 239-5223; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.
(33) COMPANY: Sunoco, Inc. (R&M); DOCKET NUMBER: 2008-0190-AIR-E; IDENTIFIER: RN102888328; LOCATION: La Porte, Harris County; TYPE OF FACILITY: petrochemical manufacturing plant; RULE VIOLATED: 30 TAC §116.115(c), TCEQ Air Permit Number 5572B, SC Number 1, and THSC, §382.085(b), by failing to prevent unauthorized emissions; PENALTY: $4,850; ENFORCEMENT COORDINATOR: Nadia Hameed, (713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(34) COMPANY: Teen Challenge of Texas fka Teen Challenge of South Texas; DOCKET NUMBER: 2008-0426-MWD-E; IDENTIFIER: RN102179124; LOCATION: Nueces County; TYPE OF FACILITY: wastewater system; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number WQ0011689001, Effluent Limitations and Monitoring Requirements Numbers 1 and 6, and the Code, §26.121(a), by failing to comply with permit effluent limits for DO, BOD5 , and TSS; PENALTY: $4,500; ENFORCEMENT COORDINATOR: Heather Brister, (254) 751-0335; REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5503, (361) 825-3100.
(35) COMPANY: The Dow Chemical Company; DOCKET NUMBER: 2008-0478-AIR-E; IDENTIFIER: RN100225945; LOCATION: Freeport, Brazoria County; TYPE OF FACILITY: chemical manufacturing plant; RULE VIOLATED: 30 TAC §§101.20(1), 101.221(a), and 116.115(c), New Source Review Air Permit Number 834, SC Numbers 1 and 3, 40 CFR §60.18(c)(2) and (e), and THSC, §382.085(b), by failing to prevent unauthorized emissions; and 30 TAC §101.20(3) and §116.715(a), Flexible Air Permit Number 20432 and PSD-TX-994M1, SC III-1, and THSC, §382.085(b), by failing to prevent unauthorized emissions; PENALTY: $20,000; SEP offset amount of $8,000 applied to Houston-Galveston AERCO's Clean Cities/Clean Vehicles Program; ENFORCEMENT COORDINATOR: Trina Grieco, (210) 490-3096; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(36) COMPANY: Troy T. Hunt Management Corporation; DOCKET NUMBER: 2008-0492-WQ-E; IDENTIFIER: RN105110472; LOCATION: Midland, Midland County; TYPE OF FACILITY: residential construction site; RULE VIOLATED: 30 TAC §281.25(a)(4), TPDES General Permit Number TXR150000, Part III Section F.2.(a)(ii), and 40 CFR §122.26(c), by failing to properly select, install, or maintain erosion and sediment control measures for the site; and 30 TAC §281.25(a)(4), TPDES General Permit Number TXR150000, Part III Section F.7, and 40 CFR §122.26(c), by failing to maintain structural controls and best management practices; PENALTY: $1,650; ENFORCEMENT COORDINATOR: Andrew Hunt, (512) 239-1203; REGIONAL OFFICE: 3300 North A Street, Building 4, Suite 107, Midland, Texas 79705-5404, (915) 570-1359.
(37) COMPANY: Tyler County; DOCKET NUMBER: 2007-1355-MSW-E; IDENTIFIER: RN101999969; LOCATION: Woodville, Tyler County; TYPE OF FACILITY: waste transfer station; RULE VIOLATED: 30 TAC §330.121(a) and Site Development Plan Sections (C)(ii), (C)(iv)(c), (J), and Site Operating Plan Section (iii)(a)(4), by failing to comply with the approved site development plan and site operating plans; 30 TAC §330.125(a), by failing to maintain a copy of the registration and associated documents at the facility; 30 TAC §330.221(c), by failing to comply with fire protection requirements; and 30 TAC §330.201(b), by failing to apply for a modification to the site operating plan to incorporate the 2006 rule revisions by the required deadline; PENALTY: $6,300; SEP offset amount of $5,040 applied to RC&D - Wastewater Treatment Assistance; ENFORCEMENT COORDINATOR: John Shelton, (512) 239-2563; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.
(38) COMPANY: Valero Refining-Texas, L.P.; DOCKET NUMBER: 2008-0712-AIR-E; IDENTIFIER: RN100219310; LOCATION: Houston, Harris County; TYPE OF FACILITY: petroleum refinery; RULE VIOLATED: 30 TAC §116.115(c), Air Permit Number 2501A, SC Number 1, and THSC, §382.085(b), by failing to prevent unauthorized emissions; PENALTY: $19,800; SEP offset amount of $7,920 applied to Houston-Galveston AERCO's Clean Cities/Clean Vehicles Program; ENFORCEMENT COORDINATOR: Nadia Hameed, (713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
TRD-200803499
Kathleen C. Decker
Director, Litigation Division
Texas Commission on Environmental Quality
Filed: July 8, 2008
The following notices were issued during the period of July 2, 2008 through July 8, 2008.
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.
INFORMATION SECTION
242 LLC has applied for a renewal of Texas Pollutant Discharge Elimination System (TPDES) Permit No. WQ0014414001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 900,000 gallons per day. The facility will be located approximately 4,600 feet southeast of the intersection of State Highway 242 and Donwick Drive in Montgomery County, Texas.
301 LONE OAK PARTNERS LTD has applied for a new permit, proposed TPDES Permit No. WQ0014870001, to authorize the discharge of treated domestic wastewater at a daily average flow not to exceed 252,000 gallons per day. The facility will be located approximately 2,800 feet south of Cypress Creek, north of Farm-to-Market Road 1960, 3,600 feet west of Cypresswood Drive in Harris County, Texas.
CALTEX HOLDING LP which operates the CalTex Mill (an idle integrated pulp and paper mill), has applied to the Texas Commission on Environmental Quality (TCEQ) for a renewal of TPDES Permit No. WQ0001160000, which authorizes the discharge of treated storm water, landfill leachate, and treated sanitary sewage on an intermittent and flow variable basis via Outfall 001 for the interim phase; treated process wastewater, utility wastewater, treated storm water, landfill leachate, and treated sanitary sewage at a daily average flow not to exceed 6,500,000 gallons per day via Outfall 001 for the final phase; and storm water on an intermittent and flow variable basis via Outfalls 002, 003, and 004. The draft permit authorizes the discharge of treated storm water, landfill leachate, and treated sanitary sewage on an intermittent and flow variable basis via Outfall 001; and storm water on an intermittent and flow variable basis via Outfalls 002, 003, and 004. The facility is located at 18511 Beaumont Highway, north of Old Highway 90, between Sheldon Road and the San Jacinto River in the City of Sheldon, Harris County, Texas.
CITY OF OYSTER CREEK has applied for a renewal of TPDES Permit No. WQ0011837001, 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 approximately 1.6 miles southeast of the intersection of State Highway 332 and Farm-to-Market Road 523, at the intersection of State Highway 332 and the U.S. Corps of Engineers Flood Control Levee on the west side of the levee in Brazoria County, Texas.
HILL COUNTRY CAMP has applied for a new permit, proposed TPDES Permit No. WQ0014832001, to authorize the discharge of treated domestic wastewater at a daily average flow not to exceed 25,000 gallons per day. The facility will be located at 1319 Harper Road in Kerrville County, Texas.
LOCHINVAR GOLF CLUB has applied for a new permit, proposed TPDES Permit No. WQ0014891001, to authorize the discharge of treated domestic wastewater at a daily average flow not to exceed 5,000 gallons per day. The facility is located at 2000 Farrell Road approximately 2,100 feet east-southeast of the intersection of Hardy Road and Farrell Road and 2.3 miles east-northeast of the intersection of Interstate Highway 45 and Kuykendahl Road in Harris County, Texas. Authorization to discharge was previously permitted by expired Permit No. WQ0012141001.
RICETEC INC has applied for a renewal of TPDES Permit No. WQ0014068001 which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 25,000 gallons per day. The facility is located at 1925 Farm-to-Market Road 2917, approximately 2,640 feet north of the intersection of Farm-to-Market Road 2917 and Farm-to-Market 2403 in Brazoria County, Texas.
SAN LEON MUNICIPAL UTILITY DISTRICT has applied for a renewal of TPDES Permit No. WQ0011546001 which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 950,000 gallons per day. The facility is located in the northeast corner of the intersection of Avenue L and 27th Street in San Leon and approximately 2,000 feet north of Salt Bayou and 5,000 feet northwest of Dickinson Bayou in Galveston County, Texas.
TERRA VERDE UTILITY COMPANY LLC has applied for a new permit, proposed TPDES Permit No. WQ0014901001, to authorize the discharge of treated domestic wastewater at a daily average flow not to exceed 10,000 gallons per day. The facility was previously permitted under TPDES Permit No. WQ0012402001, which expired March 1, 2008. The facility is located at 22602 Hegar Road, approximately 2 miles north of the intersection of Farm-to-Market Road 2920 and Hegar Road in Waller County, Texas.
THE KANSAS CITY SOUTHERN RAILWAY COMPANY which operates Kansas City Southern Railway Port Arthur Facility; a facility which provides light maintenance, fueling, and general servicing of diesel electric locomotives used for railroad transportation, has applied for a renewal of TPDES Permit No. WQ0002289000, which authorizes the discharge of process wastewater and storm water at a daily average dry weather flow not to exceed 4,000 gallons per day via Outfall 001. The facility is located at 548 West 5th Street, bounded on the north by West Proctor Street, on the west by the Martin Luther King, Jr. Bridge (Highway 82), and the east by the Jefferson County Hurricane Levee, in the City of Port Arthur, Jefferson County, Texas.
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-200803524
LaDonna Castañuela
Chief Clerk
Texas Commission on Environmental Quality
Filed: July 9, 2008
Request for Proposals #303-8-10683
The Texas Facilities Commission (TFC), on behalf of the Department of Family and Protective Services, announces the issuance of Request for Proposals (RFP) #303-8-10683. TFC seeks a 5 or 10 year lease of approximately 10,246 square feet of office space in Lubbock, Lubbock County, Texas.
The deadline for questions is July 25, 2008 and the deadline for proposals is August 1, 2008 at 3:00 p.m. The anticipated award date is August 20, 2008. TFC reserves the right to accept or reject any or all proposals submitted. TFC is under no legal or other obligation to execute a lease on the basis of this notice or the distribution of an RFP. Neither this notice nor the RFP commits TFC to pay for any costs incurred prior to the award of a grant.
Parties interested in submitting a proposal may obtain information by contacting TFC Purchaser Sandy Williams at (512) 475-0453. A copy of the RFP may be downloaded from the Electronic State Business Daily at: http://esbd.cpa.state.tx.us/bid_show.cfm?bidid=77462.
TRD-200803510
Kay Molina
General Counsel
Texas Facilities Commission
Filed: July 8, 2008
The Texas Health and Human Services Commission proposed the repeal of §§371.212 - 371.214 and new §371.212 and §371.214 in the July 4, 2008, issue of the Texas Register (33 TexReg 5131). There is a typographical error in the fax number listed in the Public Comment section of the preamble of the proposal. The correct fax number for comments on this proposal is (512) 833-6487. The error was made by the submitting agency. Texas Health and Human Services Commission, Office of Inspector General will extend its comment period for 30 days after the date of publication of this Correction of Error, and will accept public comment on the proposal through August 18, 2008. No changes were made to the original text of the proposed repeal and new rules submitted for adoption.
A notice of hearing with the correct fax number will be posted on the Texas Health and Human Services Commission's (www.hhsc.state.tx.us) website and in this issue of the Texas Register.
TRD-200803522
Steve Aragón
Chief Counsel
Texas Health and Human Services Commission
Filed: July 9, 2008
Final Rate. As the single state agency for the state Medicaid program, the Texas Health and Human Services Commission (HHSC) adopted the following interim per diem reimbursement rate for small, state-operated Intermediate Care Facilities for Persons with Mental Retardation, including facilities operated by the Texas Department of Aging and Disability Services: $340.99. The final rate is effective September 1, 2007.
Hearing. HHSC conducted a hearing on May 19, 2008, to receive public comment on the proposed reimbursement rate. The hearing was held in accordance with Title 1 of the Texas Administrative Code §355.105(g), which requires that public hearings be held on proposed reimbursement rates before such rates are approved by HHSC. Notice of the hearing was published in the May 2, 2008, issue of the Texas Register (33 TexReg 3679). No persons attended the hearing or provided written or oral comments.
Methodology and Justification. The final rate was determined in accordance with the rate setting methodology codified at Texas Administrative Code Title 1, Part 15, Chapter 355, Subchapter D, §355.456(e), relating to Reimbursement Rates.
TRD-200803521
Steve Aragón
Chief Counsel
Texas Health and Human Services Commission
Filed: July 9, 2008
Texas Health and Human Services Commission
Office of Inspector General
Friday, August 1, 2008, at 1:30 p.m.
Public Hearing Room
Department of Aging and Disability Services
701 W. 51st Street
Austin, Texas 78751
Hearing. The Texas Health and Human Services Commission, Office of Inspector General, will conduct a public hearing on August 1, 2008, to receive comments on the proposed repeal of §§371.212 - 371.214 and proposed new §371.212 and §371.214 of Title 1, Part 15, Chapter 371, Subchapter C of the Texas Administrative Code. The proposal was published in the July 4, 2008, issue of the Texas Register (33 TexReg 5131). Any interested person may appear and offer comments or statements, either orally or in writing; however, questioning of commenters will be reserved exclusively to the Texas Health and Human Services Commission, Office of the Inspector General (OIG) or its staff as may be necessary to ensure a complete record. While any person with pertinent comments or statements will be granted an opportunity to present them during the course of the hearing, OIG reserves the right to restrict statements in terms of time or repetitive content. Organizations, associations, or groups are encouraged to present their commonly held views or similar comments through a representative member where possible. Persons with disabilities who have special needs and who plan to attend the meeting should contact David Stegall of the Department of Aging and Disability Services at (512) 438-3542.
Written Comments. Any interested person may submit written comments by fax, mail or hand delivery. The mailing address is P.O. Box 85200, Austin, Texas 78708-5200. The fax number is (512) 833-6487. The fax number for written comments listed in the preamble of the proposal was incorrect. A related Correction of Error giving the correct fax number for receipt of written comments is being published in this issue of the Texas Register.
TRD-200803530
Steve Aragón
Chief Counsel
Texas Health and Human Services Commission
Filed: July 9, 2008
The Texas Health and Human Services Commission announces its intent to submit Transmittal Number 08-013, Amendment Number 817, to the Texas State Plan for Medical Assistance, under Title XIX of the Social Security Act. The proposed amendment is effective April 1, 2008.
The purpose of this amendment is to provide assurance to CMS that the State of Texas complies with the Medicaid Integrity Program, outlined in sections 1936 and 1902(a)(69) of the Social Security Act. The purpose of the Medicaid Integrity Program is to ensure accountability in health and human services programs by reviewing the actions of Medicaid service providers and service recipients to identify, communicate, and correct fraud, waste, and abuse. Among the activities supporting this stated purpose are: 1) the analysis and prediction of patterns of service provision and consumption; 2) oversight of policies and legal processes; 3) review and investigation of claim and payment activity; 4) identification of inappropriate payments; 5) pursuit of overpayment recovery, imposition of legal sanctions and remedies; and 6) education of Medicaid Program participants.
Texas complies with sections 1936 and 1902(a)(69) of the Social Security Act with active participation by various entities, including but not limited to: the Health and Human Services Commission's (HHSC) Office of Inspector General; the Office of the Attorney General's Medicaid Fraud Control Unit; HHSC's monitoring, compliance, and evaluation components within the Medicaid/CHIP Division; the Texas Department of Aging and Disability Services; and the Texas Medicaid Healthcare Partnership.
The proposed amendment is estimated to result in no additional annual aggregate expenditures.
To obtain copies of the proposed amendment, interested parties may contact Tamela Griffin by mail at Medicaid and CHIP Division, Policy Development, Texas Health and Human Services Commission, P.O. Box 13247, mail code H370, Austin, Texas 78708-5200; by telephone at (512) 491-1341; by facsimile at (512) 491-1953; or by e-mail at Tamela.griffin@hhsc.state.tx.us.
TRD-200803468
Steve Aragón
Chief Counsel
Texas Health and Human Services Commission
Filed: July 3, 2008
Licensing Actions for Radioactive Materials
TRD-200803481
Lisa Hernandez
General Counsel
Department of State Health Services
Filed: July 7, 2008
Notice of Public Hearing on Section 8 Program 2009 Annual Plan
Section 511 of Title V of the Quality Housing and Work Responsibility Act of 1998 (P.L. 205-276) requires the Texas Department of Housing and Community Affairs (the Department) to prepare a 2009 Annual Plan covering operations of the Section 8 Program. Title 24, §903.17 of the Code of Federal Regulations requires that the Department conduct a public hearing regarding that plan. The Department will hold a public hearing to receive comments for the development of the Department's 2009 Annual Plan. The hearing will take place at the following time and location:
September 10, 2008
Texas Department of Housing and Community Affairs
221 East 11th Street, Room 116
Austin, Texas 78701
1:30 p.m. - 4:30 p.m.
The proposed 2009 Annual Plan and all supporting documentation are available to the public for viewing at the Department's main office, 221 East 11th Street, Attention: Section 8 Program, Austin, Texas on weekdays during the hours of 8:00 a.m. until 4:30 p.m. The proposed plan will also be available for viewing on the Department's website at www.tdhca.state.tx.us/sec8.htm.
Questions or requests for additional information may be directed to Willie Faye Hurd, Section 8 Program Manager, Community Affairs Division at whurd@tdhca.state.tx.us or by mail at P.O. Box 13941, Austin, Texas 78711-3941, (512) 475-3892. Comments must be received by 5:00 p.m. Friday, September 12, 2008.
Persons who intend to appear at the hearing and express their comments are invited to contact Willie Faye Hurd in writing in advance of the hearing. Any interested persons unable to attend the hearing may submit their comments in writing to Willie Faye Hurd prior to the date scheduled for the hearing. Individuals who require a language interpreter for the hearing should contact Willie Faye Hurd at least three days prior to the hearing date. Personas que hablan español y requieren un intérprete, favor de llamar a Jorge Reyes al siguiente número (512) 475-4577 por lo menos tres días antes de la junta para hacer los preparativos apropiados.
Individuals who require auxiliary aids or services for this hearing should contact Gina Esteves at (512) 475-3943 or Relay Texas at 1-800-735-2989 at least 2 days before the scheduled hearing so that appropriate arrangements can be made.
TRD-200803509
Michael G. Gerber
Executive Director
Texas Department of Housing and Community Affairs
Filed: July 8, 2008
Instant Game Number 1028 "Super Set for Life II"
1.0 Name and Style of Game.
A. The name of Instant Game No. 1028 is "SUPER SET FOR LIFE II". The play style is "key number match with auto win".
1.1 Price of Instant Ticket.
A. Tickets for Instant Game No. 1028 shall be $20.00 per ticket.
1.2 Definitions in Instant Game No. 1028.
A. Display Printing - That area of the instant game ticket outside of the area where the Overprint and Play Symbols appear.
B. Latex Overprint - The removable scratch-off covering over the Play Symbols on the front of the ticket.
C. Play Symbol - The printed data under the latex on the front of the instant ticket that is used to determine eligibility for a prize. Each Play Symbol is printed in Symbol font in black ink in positive except for dual-image games. The possible black play symbols are: 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, DOLLAR BILL SYMBOL, STAR SYMBOL, LIFE SYMBOL, $20.00, $25.00, $30.00, $40.00, $100, $500, $1,000, $2,000, $10,000 and $500K/YR SYMBOL.
D. Play Symbol Caption - The printed material appearing below each Play Symbol which explains the Play Symbol. One caption appears under each Play Symbol and is printed in caption font in black ink in positive. The Play Symbol Caption which corresponds with and verifies each Play Symbol is as follows:
Figure 1: 16 TAC GAME NO. 1028 - 1.2D
E. Serial Number - A unique 14 (fourteen) digit number appearing under the latex scratch-off covering on the front of the ticket. There will be a four (4)-digit "security number" which will be individually boxed and randomly placed within the number. The remaining ten (10) digits of the Serial Number are the Validation Number. The Serial Number is positioned beneath the bottom row of play data in the scratched-off play area. The Serial Number is for validation purposes and cannot be used to play the game. The format will be: 00000000000000.
F. Low-Tier Prize - A prize of $20.00.
G. Mid-Tier Prize - A prize of $25.00, $30.00, $40.00, $100 or $500.
H. High-Tier Prize - A prize of $1,000, $2,000, $10,000 or $500K/YR (for 15 years not to exceed $7,500,000).
I. Bar Code - A 24 (twenty-four) character interleaved two (2) of five (5) bar code which will include a four (4) digit game ID, the seven (7) digit pack number, the three (3) digit ticket number and the ten (10) digit Validation Number. The bar code appears on the back of the ticket.
J. Pack-Ticket Number - A 14 (fourteen) digit number consisting of the four (4) digit game number (1028), a seven (7) digit pack number, and a three (3) digit ticket number. Ticket numbers start with 001 and end with 025 within each pack. The format will be: 1028-0000001-001.
K. Pack - A pack of "SUPER SET FOR LIFE II" Instant Game tickets contains 025 tickets, packed in plastic shrink-wrapping and fanfolded in pages of one (1). The packs will alternate. One will show the front of ticket 001 and back of 025 while the other fold will show the back of ticket 001 and front of 025.
L. Non-Winning Ticket - A ticket which is not programmed to be a winning ticket or a ticket that does not meet all of the requirements of these Game Procedures, the State Lottery Act (Texas Government Code, Chapter 466), and applicable rules adopted by the Texas Lottery pursuant to the State Lottery Act and referenced in 16 TAC, Chapter 401.
M. Ticket or Instant Game Ticket, or Instant Ticket - A Texas Lottery "SUPER SET FOR LIFE II" Instant Game No. 1028 ticket.
2.0 Determination of Prize Winners. The determination of prize winners is subject to the general ticket validation requirements set forth in Texas Lottery Rule 401.302, Instant Game Rules, these Game Procedures, and the requirements set out on the back of each instant ticket. A prize winner in the "SUPER SET FOR LIFE II" Instant Game is determined once the latex on the ticket is scratched off to expose 55 (fifty-five) play symbols. If the player matches any of YOUR NUMBERS play symbols to any of the WINNING NUMBERS play symbols, the player wins the PRIZE shown for that number. If the player reveals a "DOLLAR BILL" play symbol, the player wins PRIZE shown instantly. If the player reveals a "STAR" play symbol, the player wins all 25 PRIZES shown. If the player reveals a "LIFE" play symbol, the player wins $500,000 a year for 15 years not to exceed $7,500,000 total. No portion of the display printing nor any extraneous matter whatsoever shall be usable or playable as a part of the Instant Game.
2.1 Instant Ticket Validation Requirements.
A. To be a valid Instant Game ticket, all of the following requirements must be met:
1. Exactly 55 (fifty-five) 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 55 (fifty-five) 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 55 (fifty-five) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures;
17. Each of the 55 (fifty-five) Play Symbols on the ticket must be printed in the Symbol font and must correspond precisely to the artwork on file at the Texas Lottery; the ticket Serial Numbers must be printed in the Serial font and must correspond precisely to the artwork on file at the Texas Lottery; and the Pack-Ticket Number must be printed in the Pack-Ticket Number font and must correspond precisely to the artwork on file at the Texas Lottery;
18. The display printing on the ticket must be regular in every respect and correspond precisely to the artwork on file at the Texas Lottery; and
19. The ticket must have been received by the Texas Lottery by applicable deadlines.
B. The ticket must pass all additional validation tests provided for in these Game Procedures, the Texas Lottery's Rules governing the award of prizes of the amount to be validated, and any confidential validation and security tests of the Texas Lottery.
C. Any Instant Game ticket not passing all of the validation requirements is void and ineligible for any prize and shall not be paid. However, the Executive Director may, solely at the Executive Director's discretion, refund the retail sales price of the ticket. In the event a defective ticket is purchased, the only responsibility or liability of the Texas Lottery shall be to replace the defective ticket with another unplayed ticket in that Instant Game (or a ticket of equivalent sales price from any other current Instant Lottery game) or refund the retail sales price of the ticket, solely at the Executive Director's discretion.
2.2 Programmed Game Parameters.
A. Consecutive non-winning tickets will not have identical play data, spot for spot.
B. No five or more matching non-winning prize symbols on a ticket.
C. No duplicate WINNING NUMBERS play symbols on a ticket.
D. No duplicate non-winning YOUR NUMBERS play symbols on a ticket.
E. The STAR (win all) play symbol will only appear on intended winning tickets as dictated by the prize structure.
F. The LIFE (annuity prize) play symbol will only appear with the $500K/YR prize symbol and both symbols will only appear on the four winning tickets as dictated by the prize structure.
G. Non-winning prize symbols will never be the same as the winning prize symbol(s).
H. No prize amount in a non-winning spot will correspond with the YOUR NUMBERS play symbol (i.e. 20 and $20).
2.3 Procedure for Claiming Prizes.
A. To claim a "SUPER SET FOR LIFE II" Instant Game prize of $20.00, $25.00, $30.00, $40.00, $100 or $500, a claimant shall sign the back of the ticket in the space designated on the ticket and present the winning ticket to any Texas Lottery Retailer. The Texas Lottery Retailer shall verify the claim and, if valid, and upon presentation of proper identification, if appropriate, make payment of the amount due the claimant and physically void the ticket; provided that the Texas Lottery Retailer may, but is not required to pay a $25.00, $30.00, $40.00, $100 or $500 ticket. In the event the Texas Lottery Retailer cannot verify the claim, the Texas Lottery Retailer shall provide the claimant with a claim form and instruct the claimant on how to file a claim with the Texas Lottery. If the claim is validated by the Texas Lottery, a check shall be forwarded to the claimant in the amount due. In the event the claim is not validated, the claim shall be denied and the claimant shall be notified promptly. A claimant may also claim any of the above prizes under the procedure described in Section 2.3.B and Section 2.3.C of these Game Procedures.
B. To claim a "SUPER SET FOR LIFE II" Instant Game prize of $1,000, $2,000 or $10,000, the claimant must sign the winning ticket and present it at one of the Texas Lottery's Claim Centers. If the claim is validated by the Texas Lottery, payment will be made to the bearer of the validated winning ticket for that prize upon presentation of proper identification. When paying a prize of $600 or more, the Texas Lottery shall file the appropriate income reporting form with the Internal Revenue Service (IRS) and shall withhold federal income tax at a rate set by the IRS if required. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.
C. To claim a "SUPER SET FOR LIFE II" top level prize of $500,000 per year (for 15 years not to exceed $7,500,000 total), the claimant must sign the winning ticket and present it at Texas Lottery Commission headquarters in Austin, Texas. If the claim is validated by the Texas Lottery, payment will be made to the bearer of the validated winning ticket for that prize upon presentation of proper identification. When paying a prize of $600 or more, the Texas Lottery shall file the appropriate income reporting form with the Internal Revenue Service (IRS) and shall withhold federal income tax at a rate set by the IRS if required. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly
D. When claiming a "SUPER SET FOR LIFE II" Instant Game prize of $500,000 per year (for 15 years not to exceed $7,500,000), the claimant will receive his prize:
1. Annually via direct deposit to the winner's account. With this plan, upon validation of the prize, a payment of $500,000 less any taxes and/or other offsets or mandatory withholdings required by law, will be made once a year on the first business day of the anniversary month of the claim. Annual payments will be made for a period of 15 years or a total of 15 annual payments to reach the total maximum payment of $7,500,000.
2. If a payment falls on a holiday or weekend, the payment will be made on the following business day.
E. As an alternative method of claiming a "SUPER SET FOR LIFE II" 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.
F. Prior to payment by the Texas Lottery of any prize, the Texas Lottery shall deduct a sufficient amount from the winnings of a person who has been finally determined to be:
1. delinquent in the payment of a tax or other money collected by the Comptroller, the Texas Workforce Commission, or Texas Alcoholic Beverage Commission;
2. delinquent in making child support payments administered or collected by the Attorney General;
3. delinquent in reimbursing the Texas Health and Human Services Commission for a benefit granted in error under the food stamp program or the program of financial assistance under Chapter 31, Human Resources Code;
4. in default on a loan made under Chapter 52, Education Code; or
5. in default on a loan guaranteed under Chapter 57, Education Code.
G. If a person is indebted or owes delinquent taxes to the State, other than those specified in the preceding paragraph, the winnings of a person shall be withheld until the debt or taxes are paid.
2.4 Allowance for Delay of Payment. The Texas Lottery may delay payment of the prize pending a final determination by the Executive Director, under any of the following circumstances:
A. if a dispute occurs, or it appears likely that a dispute may occur, regarding the prize;
B. if there is any question regarding the identity of the claimant;
C. if there is any question regarding the validity of the ticket presented for payment; or
D. if the claim is subject to any deduction from the payment otherwise due, as described in Section 2.3.D of these Game Procedures. No liability for interest for any delay shall accrue to the benefit of the claimant pending payment of the claim.
2.5 Payment of Prizes to Persons Under 18. If a person under the age of 18 years is entitled to a cash prize of less than $600 from the "SUPER SET FOR LIFE II" Instant Game, the Texas Lottery shall deliver to an adult member of the minor's family or the minor's guardian a check or warrant in the amount of the prize payable to the order of the minor.
2.6 If a person under the age of 18 years is entitled to a cash prize of more than $600 from the "SUPER SET FOR LIFE II" Instant Game, the Texas Lottery shall deposit the amount of the prize in a custodial bank account, with an adult member of the minor's family or the minor's guardian serving as custodian for the minor.
2.7 Instant Ticket Claim Period. All Instant Game prizes must be claimed within 180 days following the end of the Instant Game or within the applicable time period for certain eligible military personnel as set forth in Texas Government Code §466.408. Any prize not claimed within that period, and in the manner specified in these Game Procedures and on the back of each ticket, shall be forfeited.
2.8 Disclaimer. The number of prizes in a game is approximate based on the number of tickets ordered. The number of actual prizes available in a game may vary based on number of tickets manufactured, testing, distribution, sales and number of prizes claimed. An Instant Game ticket may continue to be sold even when all the top prizes have been claimed.
3.0 Instant Ticket Ownership.
A. Until such time as a signature is placed upon the back portion of an Instant Game ticket in the space designated, a ticket shall be owned by the physical possessor of said ticket. When a signature is placed on the back of the ticket in the space designated, the player whose signature appears in that area shall be the owner of the ticket and shall be entitled to any prize attributable thereto. Notwithstanding any name or names submitted on a claim form, the Executive Director shall make payment to the player whose signature appears on the back of the ticket in the space designated. If more than one name appears on the back of the ticket, the Executive Director will require that one of those players whose name appears thereon be designated by such players to receive payment.
B. The Texas Lottery shall not be responsible for lost or stolen Instant Game tickets and shall not be required to pay on a lost or stolen Instant Game ticket.
4.0 Number and Value of Instant Prizes. There will be approximately 7,200,000 tickets in the Instant Game No. 1028. The approximate number and value of prizes in the game are as follows:
Figure 2: 16 TAC GAME NO. 1028 - 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. 1028 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. 1028, 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-200803478
Kimberly L. Kiplin
General Counsel
Texas Lottery Commission
Filed: July 3, 2008
1.0 Name and Style of Game.
A. The name of Instant Game No. 1098 is "JEWELS OF THE NILE". The play style is "key number match with win all".
1.1 Price of Instant Ticket.
A. Tickets for Instant Game No. 1098 shall be $5.00 per ticket.
1.2 Definitions in Instant Game No. 1098.
A. Display Printing - That area of the instant game ticket outside of the area where the Overprint and Play Symbols appear.
B. Latex Overprint - The removable scratch-off covering over the Play Symbols on the front of the ticket.
C. Play Symbol - The printed data under the latex on the front of the instant ticket that is used to determine eligibility for a prize. Each Play Symbol is printed in Symbol font in black ink in positive except for dual-image games. The possible black play symbols are: 1, 2, 3, 4, 5, 6, 7, 8, 9, 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, PALM TREE SYMBOL, 10X SYMBOL, EYE SYMBOL, $5.00, $10.00, $15.00, $20.00, $50.00, $100, $200, $2,000 and $50,000.
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. 1098 - 1.2D
E. Serial Number - A unique 14 (fourteen) digit number appearing under the latex scratch-off covering on the front of the ticket. There will be a four (4)-digit "security number" which will be individually boxed and randomly placed within the number. The remaining ten (10) digits of the Serial Number are the Validation Number. The Serial Number is positioned beneath the bottom row of play data in the scratched-off play area. The Serial Number is for validation purposes and cannot be used to play the game. The format will be: 00000000000000.
F. Low-Tier Prize - A prize of $5.00, $10.00, $15.00 or $20.00.
G. Mid-Tier Prize - A prize of $25.00, $50.00, $100 or $200.
H. High-Tier Prize - A prize of $2,000 or $50,000.
I. Bar Code - A 24 (twenty-four) character interleaved two (2) of five (5) bar code which will include a four (4) digit game ID, the seven (7) digit pack number, the three (3) digit ticket number and the ten (10) digit Validation Number. The bar code appears on the back of the ticket.
J. Pack-Ticket Number - A 14 (fourteen) digit number consisting of the four (4) digit game number (1098), a seven (7) digit pack number, and a three (3) digit ticket number. Ticket numbers start with 001 and end with 075 within each pack. The format will be: 1098-0000001-001.
K. Pack - A pack of "JEWELS OF THE NILE" Instant Game tickets contains 075 tickets, packed in plastic shrink-wrapping and fanfolded in pages of one (1). The packs will alternate. One will show the front of ticket 001 and back of 075 while the other fold will show the back of ticket 001 and front of 075.
L. Non-Winning Ticket - A ticket which is not programmed to be a winning ticket or a ticket that does not meet all of the requirements of these Game Procedures, the State Lottery Act (Texas Government Code, Chapter 466), and applicable rules adopted by the Texas Lottery pursuant to the State Lottery Act and referenced in 16 TAC, Chapter 401.
M. Ticket or Instant Game Ticket, or Instant Ticket - A Texas Lottery "JEWELS OF THE NILE" Instant Game No. 1098 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 "JEWELS OF THE NILE" Instant Game is determined once the latex on the ticket is scratched off to expose 45 (forty-five) Play Symbols. If a player matches any of YOUR NUMBERS to any of the WINNING NUMBERS, the player wins the PRIZE shown for that number. If the player reveals a "palm tree" play symbol, the player wins the PRIZE shown for that symbol instantly. If a player reveals a "10X" symbol, the player wins 10 TIMES the PRIZE shown for that symbol. If the player reveals an "eye" play symbol, the player wins ALL TWENTY PRIZES INSTANTLY! 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 45 (forty-five) 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 45 (forty-five) 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 45 (forty-five) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures;
17. Each of the 45 (forty-five) 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 in a pack will not have identical play data, spot for spot.
B. The "10X" (10 times multiplier) and "EYE" (win all) play symbols will only appear on intended winning tickets and only as dictated by the prize structure.
C. The "PALM" (auto win) play symbol will never appear more than once on a ticket.
D. No four or more matching non-winning prize symbols on a ticket.
E. No duplicate WINNING NUMBERS play symbols on a ticket.
F. No duplicate non-winning YOUR NUMBERS play symbols on a ticket.
G. Non-winning prize symbols will never be the same as the winning prize symbol(s).
H. When the "EYE" (win all) play symbol appears, there will be no occurrence of any of YOUR NUMBERS play symbols matching any WINNING NUMBER play symbol.
I. No prize amount in a non-winning spot will correspond with the YOUR NUMBERS play symbol (i.e. 5 and $5).
2.3 Procedure for Claiming Prizes.
A. To claim a "JEWELS OF THE NILE" Instant Game prize of $5.00, $10.00, $15.00, $20.00, $25.00, $50.00, $100 or $200, 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, if appropriate, make payment of the amount due the claimant and physically void the ticket; provided that the Texas Lottery Retailer may, but is not required to pay a $25.00, $50.00, $100 or $200 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 "JEWELS OF THE NILE" Instant Game prize of $2,000 or $50,000, the claimant must sign the winning ticket and present it at one of the Texas Lottery's Claim Centers. If the claim is validated by the Texas Lottery, payment will be made to the bearer of the validated winning ticket for that prize upon presentation of proper identification. When paying a prize of $600 or more, the Texas Lottery shall file the appropriate income reporting form with the Internal Revenue Service (IRS) and shall withhold federal income tax at a rate set by the IRS if required. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.
C. As an alternative method of claiming a "JEWELS OF THE NILE" Instant Game prize, the claimant must sign the winning ticket, thoroughly complete a claim form, and mail both to: Texas Lottery Commission, Post Office Box 16600, Austin, Texas 78761-6600. The risk of sending a ticket remains with the claimant. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.
D. Prior to payment by the Texas Lottery of any prize, the Texas Lottery shall deduct a sufficient amount from the winnings of a person who has been finally determined to be:
1. delinquent in the payment of a tax or other money collected by the Comptroller, the Texas Workforce Commission, or Texas Alcoholic Beverage Commission;
2. delinquent in making child support payments administered or collected by the Attorney General;
3. delinquent in reimbursing the Texas Health and Human Services Commission for a benefit granted in error under the food stamp program or the program of financial assistance under Chapter 31, Human Resources Code;
4. in default on a loan made under Chapter 52, Education Code; or
5. in default on a loan guaranteed under Chapter 57, Education Code.
E. If a person is indebted or owes delinquent taxes to the State, other than those specified in the preceding paragraph, the winnings of a person shall be withheld until the debt or taxes are paid.
2.4 Allowance for Delay of Payment. The Texas Lottery may delay payment of the prize pending a final determination by the Executive Director, under any of the following circumstances:
A. if a dispute occurs, or it appears likely that a dispute may occur, regarding the prize;
B. if there is any question regarding the identity of the claimant;
C. if there is any question regarding the validity of the ticket presented for payment; or
D. if the claim is subject to any deduction from the payment otherwise due, as described in Section 2.3.D of these Game Procedures. No liability for interest for any delay shall accrue to the benefit of the claimant pending payment of the claim.
2.5 Payment of Prizes to Persons Under 18. If a person under the age of 18 years is entitled to a cash prize of less than $600 from the "JEWELS OF THE NILE" 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 "JEWELS OF THE NILE" Instant Game, the Texas Lottery shall deposit the amount of the prize in a custodial bank account, with an adult member of the minor's family or the minor's guardian serving as custodian for the minor.
2.7 Instant Ticket Claim Period. All Instant Game prizes must be claimed within 180 days following the end of the Instant Game or within the applicable time period for certain eligible military personnel as set forth in Texas Government Code §466.408. Any prize not claimed within that period, and in the manner specified in these Game Procedures and on the back of each ticket, shall be forfeited.
2.8 Disclaimer. The number of prizes in a game is approximate based on the number of tickets ordered. The number of actual prizes available in a game may vary based on number of tickets manufactured, testing, distribution, sales and number of prizes claimed. An Instant Game ticket may continue to be sold even when all the top prizes have been claimed.
3.0 Instant Ticket Ownership.
A. Until such time as a signature is placed upon the back portion of an Instant Game ticket in the space designated, a ticket shall be owned by the physical possessor of said ticket. When a signature is placed on the back of the ticket in the space designated, the player whose signature appears in that area shall be the owner of the ticket and shall be entitled to any prize attributable thereto. Notwithstanding any name or names submitted on a claim form, the Executive Director shall make payment to the player whose signature appears on the back of the ticket in the space designated. If more than one name appears on the back of the ticket, the Executive Director will require that one of those players whose name appears thereon be designated by such players to receive payment.
B. The Texas Lottery shall not be responsible for lost or stolen Instant Game tickets and shall not be required to pay on a lost or stolen Instant Game ticket.
4.0 Number and Value of Instant Prizes. There will be approximately 6,000,000 tickets in the Instant Game No. 1098. The approximate number and value of prizes in the game are as follows:
Figure 2: 16 TAC GAME NO. 1098 - 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. 1098 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. 1098, 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-200803479
Kimberly L. Kiplin
General Counsel
Texas Lottery Commission
Filed: July 3, 2008
Notice of Proposed Real Estate Transaction and Opportunity for Public Comment
Land Exchange and Conservation Easement - Bandera and Medina Counties
On August 21, 2008, the Texas Parks and Wildlife Commission (the Commission) will consider the transfer of approximately 110 acres of the Hill Country State Natural Area (HCSNA) in Bandera and Medina counties to an adjoining landowner in exchange for 210 acres adjoining HCSNA in another location. Under the agreement, the adjoining landowner also will place approximately 700 additional acres adjoining HCSNA under a conservation easement. The meeting will start at 9:00 a.m. in the Brown Education Center at the Houston Zoo, 6200 Golf Course Drive, Houston, Texas. Before taking action, the Commission will take public comment regarding the proposed transaction. Public comment may be submitted to Corky Kuhlmann, Land Conservation, Texas Parks and Wildlife Department, 4200 Smith School Road, Austin, Texas 78744, by e-mail to corky.kuhlmann@tpwd.state.tx.us, or in person at the meeting.
TRD-200803523
Ann Bright
General Counsel
Texas Parks and Wildlife Department
Filed: July 9, 2008
Land Exchange - Presidio County
On August 21, 2008, the Texas Parks and Wildlife Commission (the Commission) will consider the transfer of approximately 502 acres at Big Bend Ranch State Park (BBRSP) to an adjoining landowner in exchange for approximately 1,434 acres, resulting in the elimination of five inholding tracts within BBRSP boundaries and a net increase in park acreage. The meeting will start at 9:00 a.m. in the Brown Education Center at the Houston Zoo, 6200 Golf Course Drive, Houston, Texas. Before taking action, the Commission will take public comment regarding the proposed transaction. Public comment may be submitted to Ted Hollingsworth, Land Conservation, Texas Parks and Wildlife Department, 4200 Smith School Road, Austin, Texas 78744, by e-mail to ted.hollingsworth@tpwd.state.tx.us, or in person at the meeting.
TRD-200803525
Ann Bright
General Counsel
Texas Parks and Wildlife Department
Filed: July 9, 2008
Conveyance of Easement - Tarrant County
On August 21, 2008, the Texas Parks and Wildlife Commission (the Commission) will consider granting an easement to Barnett Gathering, LP, to install an oil and gas pipeline across Texas Parks and Wildlife Department's property in Tarrant County. In exchange, Barnett Gathering will renovate a hatchery pond on the property for use as an angler recruitment venue. The meeting will start at 9:00 a.m. in the Brown Education Center at the Houston Zoo, 6200 Golf Course Drive, Houston, Texas. Before taking action, the Commission will take public comment regarding the proposed transaction. Public comment may be submitted to Corky Kuhlmann, Land Conservation, Texas Parks and Wildlife Department, 4200 Smith School Road, Austin, Texas 78744, by e-mail to corky.kuhlmann@tpwd.state.tx.us, or in person at the meeting.
TRD-200803526
Ann Bright
General Counsel
Texas Parks and Wildlife Department
Filed: July 9, 2008
Conveyance of Easement - Aransas County
On August 21, 2008, the Texas Parks and Wildlife Commission (the Commission) will consider granting an easement to the Lavaca Improvement District for the installation of underground water and wastewater lines traversing Goose Island State Park in Aransas County. The meeting will start at 9:00 a.m. in the Brown Education Center at the Houston Zoo, 6200 Golf Course Drive, Houston, Texas. Before taking action, the Commission will take public comment regarding the proposed transaction. Public comment may be submitted to Ted Hollingsworth, Land Conservation, Texas Parks and Wildlife Department, 4200 Smith School Road, Austin, Texas 78744, by e-mail to ted.hollingsworth@tpwd.state.tx.us, or in person at the meeting.
TRD-200803527
Ann Bright
General Counsel
Texas Parks and Wildlife Department
Filed: July 9, 2008
Land Sale - Harris County
On August 21, 2008, the Texas Parks and Wildlife Commission (the Commission) will consider a cash offer above appraised value for land and facilities on approximately one acre in La Porte, Harris County, currently serving as a regional headquarters location for the State Parks Division. The meeting will start at 9:00 a.m. in the Brown Education Center at the Houston Zoo, 6200 Golf Course Drive, Houston, Texas. Before taking action, the Commission will take public comment regarding the proposed transaction. Public comment may be submitted to Ted Hollingsworth, Land Conservation, Texas Parks and Wildlife Department, 4200 Smith School Road, Austin, Texas 78744, by e-mail to ted.hollingsworth@tpwd.state.tx.us, or in person at the meeting.
TRD-200803528
Ann Bright
General Counsel
Texas Parks and Wildlife Department
Filed: July 9, 2008
Announcement of Application for State-Issued Certificate of Franchise Authority
The Public Utility Commission of Texas received an application on July 2, 2008, for 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 Managed Services, Inc. for a State-Issued Certificate of Franchise Authority, Project Number 35847 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 35847.
TRD-200803506
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: July 8, 2008
Notice is given to the public of a petition for declaratory order with the Public Utility Commission of Texas on June 27, 2008.
Docket Style and Number: Joint Petition of Southwestern Public Service Company and Golden Spread Electric Cooperative, Inc. for a Declaratory Order, Docket Number 35820.
The Application: Southwestern Public Service Company (SPS) and Golden Spread Electric Cooperative, Inc. (Golden Spread) (collectively, Petitioners) filed a joint petition for declaratory order concerning the Replacement Power Sales Agreement (RPSA) that will supply capacity and energy to meet the electric needs of the Golden Spread member cooperatives who provide retail service in SPS electric service territories and certainty for SPS regarding the Texas Stipulation, which sets forth specific conditions under which SPS may enter into contracts assigning system average costs to wholesale contracts.
SPS seeks a declaratory order finding that: (1) entering into the RPSA was reasonable and prudent; (2) the sale of capacity and energy by SPS to Golden Spread at system average costs as provided in the RPSA is reasonable and will not cause incremental costs to be imputed to such sales in future retail base rate and fuel proceedings; and (3) the RPSA is consistent with the terms of the Texas Stipulation.
Persons who wish to intervene in the proceeding or comment upon the action sought should contact the Public Utility Commission of Texas, P.O. Box 13326, Austin, Texas 78711-3326, or call the commission's Customer Protection Division at (512) 936-7120 or (888) 782-8477. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136 or use Relay Texas (toll-free) at 1-800-735-2989. All correspondence should refer to Docket Number 35820.
TRD-200803484
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: July 7, 2008
Notice is given to the public of an application for approval of the sale, transfer, merger, or affiliation of electric generation facilities filed with the Public Utility Commission of Texas (commission) on June 30, 2008, pursuant to the Public Utility Regulatory Act, Texas Utility Code Ann. §§14.101, 39.154, and 39.158 (Vernon 2007 & Supp. 2007) (PURA).
Docket Style and Number: Application of Duke Energy Corporation and Catamount Energy Corporation Pursuant to §39.158 of the Public Utility Regulatory Act, Docket Number 35836.
The Application: Duke Energy Corporation (Duke) and Catamount Energy Corporation (Catamount) filed an application for approval of the proposed merger between DEGS Wind Vermont, Inc. (Merger Sub), a wholly-owned indirect subsidiary of Duke, and Catamount with the merged entity to be known as Catamount Energy Corporation. As a result of the transaction, Catamount Energy Corporation will become an indirect subsidiary of Duke. Although Merger Sub does not have any generation ownership in the Electric Reliability Council of Texas (ERCOT) region, its ultimate parent company, Duke, through its subsidiaries, owns a gas-fired cogeneration facility in ERCOT and expects to have two wind turbine facilities in operation within the next twelve months. Catamount has direct and indirect ownership interests in the following generation facilities in ERCOT: Sweetwater Wind 1, LLC; Sweetwater Wind 2, LLC; Sweetwater Wind 3, LLC; Sweetwater Wind 4, LLC; and Sweetwater Wind 5, LLC.
Duke has ownership interests in a total of 852.55 MW that is located in, or capable of delivery to ERCOT, and is expected to be operational within the next twelve months. Catamount owns and controls 563.1 MW of installed wind generation capacity located in, or capable of delivery of electricity to ERCOT. Following the transaction, the newly affiliated companies will, directly or indirectly, own or control 1,415.65 MW of installed generation capacity in ERCOT, which represents 1.6% of the total installed generation capacity located in, or capable of delivering electricity to, ERCOT.
Under PURA §39.158, the Applicants are required to obtain commission approval before closing the transaction if the electricity to be offered for sale in the relevant power region will exceed one percent of the total electricity for sale in the relevant power region. The commission shall approve the transaction unless the commission finds that the transaction results in a violation of PURA §39.154. Under §39.154, a power generation company may not own and control more than 20% of the installed generation capacity located in, or capable of delivering electricity to a power region. The Applicants have stated that, since the newly affiliated entities will own and control 1,415.65 MW of installed generation capacity within ERCOT, this will not exceed the 20% limitation.
Persons who wish to intervene in or comment upon this application should notify the Public Utility Commission of Texas, P.O. Box 13326, Austin, Texas 78711-3326. Further information may also be obtained by calling the Public Utility Commission at (512) 936-7120 or (888) 782-8477. Hearing- and speech impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Docket Number 35836.
TRD-200803483
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: July 7, 2008
On July 1, 2008, Peoples Telecommunications, Inc. filed an application with the Public Utility Commission of Texas (commission) to relinquish its certificate of operating authority (COA) granted in COA Certificate Number 50022. Applicant intends to relinquish its certificate.
The Application: Application of Peoples Telecommunications, Inc. to Relinquish its Certificate of Operating Authority, Docket Number 35845.
Persons wishing to comment on the action sought should contact the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than July 23, 2008. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136 or toll free at 1-800-735-2989. All comments should reference Docket Number 35845.
TRD-200803505
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: July 8, 2008
Notice is given to the public of Eastex Telephone Cooperative, Inc. (Eastex) application filed with the Public Utility Commission of Texas (commission) on July 1, 2008, for approval of a minor rate change pursuant to P.U.C. Substantive Rule §26.171.
Tariff Control Title and Number: Application of Eastex Telephone Cooperative, Inc. for Approval of a Minor Rate Change Pursuant to P.U.C. Substantive Rule §26.171; Tariff Control Number 35844.
The Application: Eastex filed an application to increase access line rates or their equivalent by 10% for residential and business customers, and implement a late payment fee charge for qualifying residential customers. The proposed effective date for the proposed rate changes is November 1, 2008. The estimated annual revenue increase recognized by Eastex is $390,020 or less than 5% of Eastex's gross annual intrastate revenues. Eastex has 29,361 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 October 1, 2008, 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 October 1, 2008. Requests to intervene should be filed with 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 Tariff Control Number 35844.
TRD-200803482
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: July 7, 2008
The staff of the Public Utility Commission of Texas (commission) request comments regarding a strawman rule which alters Retail Electric Provider responsibilities and disclosures to customers. Project Number 35768, Rulemaking Relating to Retail Electric Providers Disclosures to Customers has been assigned to this proceeding.
The commission staff strawman rule has been filed in Central Records under Project Number 35768. The commission requests interested persons file written comments on this strawman rule.
Responses may be filed by submitting 16 copies to the commission's Filing Clerk, Public Utility Commission of Texas, 1701 North Congress Avenue, P.O. Box 13326, Austin, Texas 78711-3326 by Thursday, July 17, 2008 and reply comments may be filed by Thursday, July 24, 2008. All responses should reference Project Number 35768.
Questions concerning the comments or this notice should be referred to Shawnee Claiborn-Pinto, Competitive Markets Division, (512) 936-7388. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136.
TRD-200803520
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: July 9, 2008
The staff of the Public Utility Commission of Texas (Staff) is interested in receiving comments for Project Number 35855, Request for Comments on the Use of Demand Ratchets.
Staff requests that interested persons file responses to the following questions regarding the use of demand ratchets as a tool in the rate-setting process for electric utilities:
1. In establishing the electricity rates paid by certain customers, is the use of demand ratchets as they are currently employed in commission-approved tariffs an appropriate rate-design tool? Please explain your response thoroughly, and include in your comments a discussion of the theoretical foundations for the use of demand ratchets in the rate-setting process and a description and comparison of the various methodologies used to implement ratchet mechanisms.
2. If demand ratchets are employed, how should the commission establish the appropriate percentage level(s) at which to set the ratchets? To which customers should demand ratchets apply and what are the criteria that determine these customers?
3. If demand ratchets are employed, what is the appropriate demand threshold (5 kW, 10 kW, etc.) that would subject a customer to the ratchet mechanism? Should the threshold be different for different companies or different customers and, if so, what are the criteria that determine the appropriate threshold?
4. Should the use of ratchet mechanisms be considered in a generic rulemaking proceeding or on a company-by-company basis during rate-case proceedings?
5. If demand ratchets are used to set rates for Texas electricity customers, on what basis and through what process should exemptions to specific customers be granted?
6. If certain customers are exempted from the use of demand ratchets, how and from which customers and rate classes should the shortfall in revenues be recovered, if at all?
Responses may be filed by submitting 16 copies to the commission's Filing Clerk, Public Utility Commission of Texas, 1701 North Congress Avenue, P.O. Box 13326, Austin, Texas 78711-3326 by August 8, 2008. All responses should reference Project Number 35855. This notice is not a formal notice of proposed rulemaking, but the parties' responses to the questions will assist the commission in developing commission policies or determining the necessity for a related rulemaking.
Questions concerning this notice should be referred to Darryl Tietjen ((512) 936-7436; darryl.tietjen@puc.state.tx.us) or Rich Lain ((512) 936-7454; rich.lain@puc.state.tx.us) in the Rate Regulation Division.
TRD-200803507
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: July 8, 2008
RFP 08-0005 Consulting Services: Natural Gas Campus Transmission Delivery and Distribution System Evaluation
In compliance with the provisions of Chapter 2254, Subchapter B, Texas Government Code, The Texas A&M University System furnishes this notice of award of request for proposal. A request for proposal notice was published in the Texas Register on December 21, 2007 (32 TexReg 9871).
Awarded Firm:
EN Engineering
7135 Janes Avenue
Woodridge, Illinois 60517
Description of Activities: Provider shall evaluate the condition and routing of the existing Atmos-owned on-campus natural gas distribution system, including operational and financial considerations. Additionally, this consulting firm will be evaluating options for an alternate natural gas transmission delivery system to serve the Texas A&M campus in College Station, Texas.
Not-to-Exceed Cost: $162,000
Contract Period: July 1, 2008 through January 15, 2009
TRD-200803493
Vickie Burt Spillers
Executive Secretary to the Board
The Texas A&M University System
Filed: July 7, 2008
Request for Applications Concerning the Mid-Career Teacher Recruitment Program, 2008-2009
Filing Authority. The availability of grant funds is authorized by the No Child Left Behind Act of 2001, Title II, Part B - Mathematics and Science Partnerships and the General Appropriations Act, Article III, Rider 40, 80th Texas Legislature, 2007.
Eligible Applicants. The TRC is requesting applications from partnerships that must include an engineering, mathematics, or science department of an institution of higher education (IHE) and a high-need local educational agency (LEA). They may also include another engineering, mathematics, science, or teacher training department of an IHE; additional LEAs, public charter schools, public or private elementary schools or secondary schools, or a consortium of such schools; a business; or a nonprofit or for-profit organization of demonstrated effectiveness in improving the quality of mathematics and science teachers. Applicants must be an existing program with an established track record of successful recruiting, training, placing and mentoring career-change teachers into high need school districts.
Description. The purpose of this notice is to solicit applications from eligible applicants to expand existing programs that recruit professionals with math, science, or technology degrees to become teachers in Texas schools. Program activities shall support the career-change teacher from program initiation through obtaining appropriate teaching certification and continued mentoring to endure ongoing success in the classroom.
Dates of Project. Applicants should plan for a starting date of no earlier than September 1, 2008, and an ending date of no later than July 31, 2009.
Project Amounts. Approximately $1,783,678 in funding is available for the Mid-Career Teacher Recruitment Program for the 2008-2009 grant period. Funding of up to $1,500,000 will be provided for one project. Remaining monies will go to support one to three planning grants.
Selection Criteria. Applications will be selected based on the ability of each applicant to carry out all requirements contained in the Request for Applications (RFA). Reviewers will evaluate applications based on the overall quality and validity of the proposed grant programs and the extent to which the applications address the primary objectives and intent of the project. Applications must address each requirement as specified in the RFA to be considered for funding. The Texas Regional Collaboratives (TRC) reserves the right to select from the highest-ranking applications those that address all requirements in the RFA.
The TRC is not obligated to approve an application, provide funds, or endorse any application submitted in response to this RFA. This RFA does not commit TRC to pay any costs before an application is approved. The issuance of this RFA does not obligate TRC to award a grant or pay any costs incurred in preparing a response.
Further Information. For clarifying information about the RFA, please visit the TRC website at www.thetrc.org or contact Amy Werst at (512) 471-7450.
Deadline for Receipt of Applications. Applications must be received in the TRC by 4:30 p.m. (Central Time), Monday, August 18, 2008 to be eligible to be considered for funding.
TRD-200803454
James P. Barufaldi
Director, Center for Science and Mathematics Education
The University of Texas System
Filed: July 3, 2008
Notice of Release of Request for Proposal for Marketing/Advertising/Public Relations Services
On July 7, 2008 Workforce Solutions Brazos Valley Board (WSBVB) will release a Request for Proposal (RFP) for marketing/advertising/public relations services and products for the education of the public and the establishment of a recognizable identity in regards to WSBVB and its programs in the following counties: Brazos, Burleson, Grimes, Leon, Madison, Robertson, and Washington. The Board is seeking a single contractor qualified and experienced in providing a range of marketing services. The complete scope of required services and the proposal requirements are contained in the RFP which may be viewed and downloaded at www.bvjobs.org.
A bidder's conference will be held at the office of Workforce Solutions Brazos Valley Board, 3991 East 29th Street, Bryan, Texas 77802 on July 16, 2008 at 10:00 a.m. CST. Bidders may submit questions by email to pbuck@bvcog.org up until the Bidders conference. All questions and answers will be posted on www.bvjobs.org by July 21, 2008.
Due Date: An original and five (5) copies of a written proposal are due to the Board's offices no later than Thursday, August 7, 2008 at 4:00 p.m. CST. Faxed or email proposals are not acceptable. Proposals received after the indicated due date and time regardless of delivery method will not be accepted or considered for award.
Proposals may be hand delivered to:
ATTENTION: MARKETING SERVICES PROPOSAL
Trish Buck, Program Manager
Workforce Solutions Brazos Valley Board
3991 East 29th St.
Bryan, Texas 77802
Proposals may be mailed to:
ATTENTION: MARKETING SERVICES PROPOSAL
Trish Buck, Program Manager
Workforce Solutions Brazos Valley Board
P.O. Drawer 4128
Bryan, Texas 77805
Email address for questions only: pbuck@bvcog.org
Proposals received after the deadline will not be considered. WSBV accepts no responsibility for late proposals.
TRD-200803453
Tom Wilkinson
Executive Director
Workforce Solutions Brazos Valley Board
Filed: July 2, 2008