Department of Aging and Disability Services
The Texas Department of Aging and Disability Services (DADS) will hold a public hearing on June 23, 2008, to accept public testimony regarding the draft Report Update for State Mental Retardation Facilities for Fiscal Years 2008-2009 (Report). This is the second of two public hearings relating to long-range planning at state schools required by Health and Safety Code, §533.032(c). The Department held the first public hearing on February 20, 2008.
The draft Report is posted on the DADS website at the address below:
http://www.dads.state.tx.us/homepage/stateschoolreport-publichearing.html
The Department will begin the public hearing on June 23, 2008, at 3:00 p.m. The public hearing will be held in the Winters Building Public Hearing Room at 701 W. 51st Street, Austin, Texas. If you wish to submit written comments in lieu of public testimony, please submit the written comments to DADS by 5:00 p.m. on June 23, 2008. Written comments may be submitted by any of the following methods:
wendy.francik@dads.state.tx.us
United States Mail
Attention: Wendy Francik
Center for Program Coordination, MC 235
Texas Department of Aging and Disability Services
P.O. Box 149030
Austin, Texas 78714-9030
FAX
Attention: Wendy Francik
(512) 438-4392
Contact Leta Bovee at (512) 438-4211 or leta.bovee@dads.state.tx.us to request a hard copy of the draft Report by mail.
Persons with disabilities who plan to attend the public hearing and who will need auxiliary aids or services are asked to call Leta Bovee at (512) 438-4211, at least two business days prior to the meeting so that appropriate arrangements can be made.
TRD-200802865
Kenneth L. Owens
General Counsel
Department of Aging and Disability Services
Filed: June 3, 2008
The Texas Health and Human Services Commission (HHSC), on behalf of the Department of Assistive and Rehabilitative Services (DARS), announces the issuance of Request for Proposals (RFP) #538-08-11628. DARS seeks to contract with a firm or individual to perform Medical Rate Analysis Services. DARS requires a consistent payment methodology for application to payments made for hospital services and for payments made to ambulatory surgical centers (ASCs). For the program divisions listed in the solicitation, DARS is interested in establishing a single payment methodology, except in situations where evidence-based business reasons dictate otherwise.
The deadline for questions is June 13, 2008, and the closing date for proposals is July 3, 2008, at 3:00 p.m. The anticipated award date is on or about August 4, 2008. HHSC reserves the right to accept or reject any or all proposals submitted. HHSC is under no legal or other obligation to execute a contract on the basis of this notice or the distribution of an RFP. Neither this notice nor the RFP commits HHSC to pay for any costs incurred prior to the award of a contract.
Parties interested in submitting a proposal may obtain information by contacting HHSC Purchaser Lyn Peters at (512) 206-5504. 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=76915.
TRD-200802873
Sylvia F. Hardman
General Counsel
Department of Assistive and Rehabilitative Services
Filed: June 3, 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 May 23, 2008, through May 29, 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 web site. The notice was published on the web site on June 4, 2008. The public comment period for this project will close at 5:00 p.m. on July 7, 2008.
FEDERAL AGENCY ACTIONS:
Applicant: Industrial Real Estate Holdings, L.P. ; Location: The project is located at 14035 Industrial Road, at the Port of Greens Bayou, Houston Ship Channel, in Harris County, Texas. The project can be located on the U.S.G.S. quadrangle map entitled: Pasadena, Texas. Approximate UTM Coordinates in NAD 27 (meters): Zone 15; Easting: 290180; Northing: 3292714. The Kinder-Morgan Dredged Material Placement Area (DMPA) is located on the south side of the Houston Ship Channel immediately east of the Sam Houston Parkway (Beltway 8), in Pasadena, Harris County, Texas. Approximate UTM Coordinates in NAD 27 (meters): Zone 15; Easting: 292412; Northing: 320682. Project Description: The applicant proposes to amend Department of the Army (DA) Permit 09776(10) to add 28 feet of bulkhead, a new 96-foot return wall, and to dredge the area to -30 feet. Dredged material will be placed in the previously authorized DMPA. CCC Project No.: 08-0101-F1. Type of Application: U.S.A.C.E. permit application #SWG-2007-00574 is being evaluated under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. §403) and §404 of the Clean Water Act (33 U.S.C.A. §1344).
Applicant: Tracey Brent Dean; Location: The project is located approximately 4.8 miles east of Seabrook in State Tract (ST) 218 of Galveston Bay, Chambers County, Texas. The project can be located on the U.S.G.S. quadrangle map entitled: Bacliff, Texas. Approximate UTM Coordinates in NAD 27 (meters): Zone 15; Easting: 311,395; Northing: 3,274,477.8. Project Description: The applicant proposes to drill ST 218, Well No. 1, install well and production platforms and lay flowlines. The applicant requests authorization to lay and maintain one of the following up to 6-inch diameter pipelines: Pipeline "A" - from Well #1 approximately 2,529 feet southwest to an existing Davis Petroleum 8-inch pipeline. Pipeline "B" - from Well No. 1 approximately 5,760 feet southeast to an existing Davis Petroleum well in ST 252. Pipeline "C" - from Well No. 1 approximately 11,232 feet to an existing Davis Petroleum platform in ST 251. Only one of the pipelines would be installed. The following sediment displacement would occur during the proposed pipeline construction: (1) Line "A" approximately 1,500 cubic yards; (2) Line "B" approximately 3,400 cubic yards; or (3) Line "C" approximately 6,650 cubic yards. Approximately 1,267 cubic yards of gravel or crushed concrete may be placed for pad construction under the drilling rig. This activity would include installation of typical marine barge and keyway, shell and/or gravel pad, production structure with attendant facilities, and flowlines. CCC Project No.: 08-0149-F1. Type of Application: U.S.A.C.E. permit application #SWG-2007-01927 is being evaluated under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. §403) and §404 of the Clean Water Act (33 U.S.C.A. §1344).
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 Ms. Tammy Brooks, Consistency Review Coordinator, Coastal Coordination Council, P.O. Box 12873, Austin, Texas 78711-2873, or tammy.brooks@glo.state.tx.us. Comments should be sent to Ms. Brooks at the above address or by fax at (512) 475-0680.
TRD-200802858
Larry L. Laine
Chief Clerk/Deputy Land Commissioner, General Land Office
Coastal Coordination Council
Filed: June 3, 2008
The Comptroller of Public Accounts, State Energy Conservation Office (SECO), announces this notice of award for energy engineering services for the Agricultural Energy Assessment Program to EnSave, Inc., 65 Miller Street, Suite 105, Richmond, Vermont 05477. The total amount of the contract is not to exceed $300,000.00. The term of the contract is May 30, 2008 through August 31, 2008.
The notice of request for proposals (RFP #182b) was published in the February 1, 2008, issue of the Texas Register (33 TexReg 990).
TRD-200802869
William Clay Harris
Assistant General Counsel, Contracts
Comptroller of Public Accounts
Filed: June 3, 2008
The Consumer Credit Commissioner of Texas has ascertained the following rate ceilings by use of the formulas and methods described in §§303.003, 303.005, and 303.009, Texas Finance Code.
The weekly ceiling as prescribed by §303.003 and §303.009 for the period of 06/09/08 - 06/15/08 is 18% for Consumer1 /Agricultural/Commercial 2 credit through $250,000.
The weekly ceiling as prescribed by §303.003 and §303.009 for the period of 06/09/08 - 06/15/08 is 18% for Commercial over $250,000.
The monthly ceiling as prescribed by §303.0053 for the period of 06/01/08 - 06/30/08 is 18% for Consumer/Agricultural/Commercial credit through $250,000.
The monthly ceiling as prescribed by §303.005 for the period of 06/01/08 - 06/30/08 is 18% for Commercial over $250,000.
1Credit for personal, family or household use.
2Credit for business, commercial, investment, or other similar purpose.
3For variable rate commercial transactions only.
TRD-200802856
Leslie L. Pettijohn
Commissioner
Office of Consumer Credit Commissioner
Filed: June 3, 2008
The East Texas Council of Governments (ETCOG), as administrative unit for the Workforce Solutions East Texas Board, is soliciting proposals for worker training initiatives with primary companies. The contract period would begin September 1, 2008 and run through June 30, 2009. The Workforce Solutions East Texas Board is making $50,503 available in this offering. This level of available funding may be adjusted by the Board. Awards shall be in an amount equal to or less than $10,000.
Counties that comprise the East Texas Workforce Develpment Area, which is the project service area include Anderson, Camp, Cherokee, Gregg, Harrison, Henderson, Marion, Panola, Rains, Rusk, Smith, Upshur, Van Zandt, and Wood.
Applications may be submitted at any time. Applications will be considered on a first submitted, first reviewed basis and funding will be awarded to applicants meeting or exceeding the rating criteria standards as funding permits. (Note: For award consideration applications submitted prior to July 1, 2008 will be considered as being submitted on July 1, 2008).
Persons or organizations wanting to receive a Request for Applications (RFA) should request by letter, email or by fax. Requests should be addressed to Gary Allen, Section Chief - Planning/Board Support, Workforce Development Programs, East Texas Council of Governments, 3800 Stone Road, Kilgore, Texas 75662 or email to gary.allenc@twc.state.tx.us or fax at (903) 983-1440, Attention: Gary Allen
Questions concerning the RFA process should also be addressed by email or fax to Gary Allen.
TRD-200802854
David A. Cleveland
Executive Director
East Texas Council of Governments
Filed: June 2, 2008
Notice of Correction: Request for Applications Concerning Dropout Recovery Pilot Program
The Texas Education Agency (TEA) published Request for Applications (RFA) Concerning the Dropout Recovery Pilot Program, 2008-2010, in the May 16, 2008, issue of the Texas Register (33 TexReg 4022).
The TEA is amending the eligibility criteria for applicants. Eligible applicants are limited to local educational agencies, open-enrollment charter schools, institutions of higher education, county departments of education, nonprofit organizations that have demonstrated the ability and capacity to provide educational programs to students in any grade from kindergarten through Grade 12, and education service centers (ESCs) within ESC regions 1, 4, 10, 11, 13, 19, or 20. Partnerships of eligible applicants and other nonprofit organizations may also apply, provided they consist of no more than 10 entities. Partnerships applying for this grant must designate one of the eligible entities to receive the grant award and act as the fiscal agent/applicant.
The TEA is also amending the dates of the project. The Dropout Recovery Pilot Program will be implemented during the 2008-2009 school year. This correction reflects a change from the original project dates of the 2008-2009 and 2009-2010 school years.
The ending date of the project has also been revised to reflect the amended project dates. Applicants should plan for an ending date of no later than August 31, 2009. This correction reflects a change from the original ending date of no later than July 31, 2010.
In addition, the title of the RFA has been updated to reflect the amended project dates. The corrected title is Request for Applications Concerning the Dropout Recovery Pilot Program, 2008-2009.
Further Information. For clarifying information about the RFA, contact Donnell Bilsky, Division of Discretionary Grants, Texas Education Agency, (512) 463-9269.
TRD-200802876
Cristina De La Fuente-Valadez
Director, Policy Coordination Division
Texas Education Agency
Filed: June 4, 2008
Request for Proposals - Evaluation of Actuarial Assumptions
The Employees Retirement System of Texas ("ERS") is soliciting responses from qualified firms to conduct an evaluation of actuarial assumptions to determine the reasonableness, consistency and accuracy of ERS' current health care actuarial services. ERS administers the Texas Employees Group Benefits Program ("GBP"). The GBP is a statewide program providing life, health and disability benefits for employees and retirees of state agencies and institutions of higher education other than the University of Texas System and the Texas A&M University System.
Firms wishing to respond to the Request for Proposals ("RFP") must be professional actuarial services firms that provide health care consulting and cost projection services. The firm must have been in existence as a business entity performing such services for a minimum of five (5) years. The firm must have all necessary permits, licenses, and professional credentials. Appropriate levels and types of fidelity, directors' and officers' or other applicable liability insurance must be in full force at the time the response is submitted and throughout the term of the contract. The principal actuary performing the review must be a Fellow of the Society of Actuaries. The principal actuary performing the review must have a minimum of ten (10) years of experience as an actuary on health plan consulting services and cost projection assignments for health care plans with memberships of at least 100,000 members. Any supporting actuary shall have five (5) years of experience as an actuary on health care consulting services and cost projection assignments for health care plans with memberships of at least 10,000 members. The firm must provide its own work facilities, equipment, supplies and support staff to perform the required services.
ERS will base its evaluation and selection of the firm for the review on the factors and criteria outlined in this notice and in the RFP, including, but not limited to the following, which are not necessarily listed in order of priority: compliance with the RFP; qualifications of the proposed actuarial staff; technical experience, including experience with actuarial reviews of other health care plans and experience in providing actuarial services to other health care plans; the quality of the response, including the demonstration of a clear understanding of the scope of work as well as the appropriateness and adequacy of proposed procedures; the cost of the review; and other factors deemed appropriate by ERS.
ERS reserves the right to reject any response submitted which does not meet the criteria specified in this notice and in the RFP. ERS is under no legal requirement to execute a contract on the basis of this notice. ERS will not pay any costs incurred by any firm in responding to this notice or RFP or in connection with the preparation thereof.
A copy of the complete RFP can be obtained from ERS on or after June 13, 2008. To request a copy of the RFP or for additional information, please contact Marci Sundbeck at ERS at (512) 867-7302, or email her at marci.sundbeck@ers.state.tx.us. The deadline for receipt of responses by ERS is 3:00 p.m. CDT on July 11, 2008.
TRD-200802893
Paula A. Jones
General Counsel
Employees Retirement System of Texas
Filed: June 4, 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 July 14, 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 July 14, 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: Albert B. Redding; DOCKET NUMBER: 2008-0797-WOC-E; IDENTIFIER: RN103382289; LOCATION: Port O'Connor, Calhoun County; TYPE OF FACILITY: wastewater plant operator; RULE VIOLATED: 30 Texas Administrative Code (TAC) §30.5(a), by failing to obtain a required occupational license; PENALTY: $210; ENFORCEMENT COORDINATOR: Melissa Keller; REGIONAL OFFICE: 6300 Ocean Drive, Unit 5839, Corpus Christi, Texas 78412-5839, (361) 825-3100.
(2) COMPANY: Cayuga Water Supply Corporation; DOCKET NUMBER: 2008-0356-PWS-E; IDENTIFIER: RN101440998; LOCATION: Anderson County; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.113(f)(4) and Texas Health and Safety Code (THSC), §341.0315(c), by failing to comply with the maximum contaminant level (MCL) of 0.080 milligrams per liter (mg/L) for total trihalomethanes (TTHM) based on a running annual average; PENALTY: $735; ENFORCEMENT COORDINATOR: Christopher Keffer, (512) 239-5610; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3734, (903) 535-5100.
(3) COMPANY: Central Bosque Water Supply Corporation; DOCKET NUMBER: 2008-0322-PWS-E; IDENTIFIER: RN101439933; LOCATION: McGregor, McLennan County; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.110(b)(4) and THSC, §341.0315(c), by failing to maintain the residual disinfectant concentration in the water within the distribution system at least 0.5 mg/L chloramine; PENALTY: $240; ENFORCEMENT COORDINATOR: Andrea Linson-Mgbeoduru, (512) 239-1482; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.
(4) COMPANY: City of Sulphur Springs; DOCKET NUMBER: 2008-0626-PWS-E; IDENTIFIER: RN101265866; LOCATION: Sulphur Springs, Hopkins County; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.113(f)(4) and THSC, §341.0315(c), by failing to comply with the MCL of 0.080 mg/L for TTHM based on a running annual average; PENALTY: $675; ENFORCEMENT COORDINATOR: Christopher Keffer, (512) 239-5610; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3734, (903) 535-5100.
(5) COMPANY: Diamond Shamrock Refining Company, L.P.; DOCKET NUMBER: 2008-0276-AIR-E; IDENTIFIER: RN100542802; LOCATION: Three Rivers, Live Oak County; TYPE OF FACILITY: petroleum refinery; RULE VIOLATED: 30 TAC §101.201(a)(1) and THSC, §382.085(b), by failing to notify the TCEQ within 24 hours after the discovery of an emissions event; 30 TAC §101.20(1) and (3) and §116.715(c)(7), 40 Code of Federal Regulations (CFR) §60.104(a)(2)(i), THSC, §382.085(b), and Air Permit Numbers 50607, PSD-TX-331M1, PSD-TX-804, and PSD-TX-1017, Special Conditions (SC) 1 and 2, by failing to prevent an unauthorized emissions event; PENALTY: $15,352; ENFORCEMENT COORDINATOR: Audra Ruble, (361) 825-3126; REGIONAL OFFICE: 6300 Ocean Drive, Unit 5839, Corpus Christi, Texas 78412-5839, (361) 825-3100.
(6) COMPANY: Grady Harris dba Lakehurst Meadows; DOCKET NUMBER: 2008-0274-WQ-E; IDENTIFIER: RN105297873; LOCATION: Forney, Kaufman County; TYPE OF FACILITY: single-family residential construction site; RULE VIOLATED: Texas Pollutant Discharge Elimination System (TPDES) General Permit TXR15HN48, Part III, Section A.5(c) and the Code, §26.121(a), by failing to prevent the unauthorized discharge of water containing sediments adjacent to water in the state; PENALTY: $1,050; ENFORCEMENT COORDINATOR: Cheryl Thompson, (817) 588-5886; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(7) COMPANY: ISP Technologies Inc.; DOCKET NUMBER: 2008-0217-AIR-E; IDENTIFIER: RN100825272; LOCATION: Texas City, Galveston County; TYPE OF FACILITY: specialty chemical manufacturing plant; RULE VIOLATED: 30 TAC §116.115(c), THSC, §382.085(b), and Permit Number 22079, SC 1, by failing to prevent the release of unauthorized air contaminants emitted into the atmosphere; 30 TAC §101.201(b) and THSC, §382.085(b), by failing to report an emission event timely; PENALTY: $3,562; Supplemental Environmental Project (SEP) offset amount of $1,425 applied to Houston-Galveston AERCO's Clean Cities/Clean Vehicles Program; ENFORCEMENT COORDINATOR: Craig Fleming, (512) 239-5806; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas 77023-1425, (713) 767-3500.
(8) COMPANY: Jimmy Espinosa; DOCKET NUMBER: 2008-0340-OSS-E; IDENTIFIER: RN105089288; LOCATION: Eden, Concho County; TYPE OF FACILITY: residential property; RULE VIOLATED: 30 TAC §285.36(b) and §285.3(i), by failing to properly abandon an unauthorized cesspool located at the site; PENALTY: $131; ENFORCEMENT COORDINATOR: Andrew Hunt, (512) 239-1203; REGIONAL OFFICE: 622 South Oakes, Suite K, San Angelo, Texas 76903-7035, (325) 655-9479.
(9) COMPANY: Luz Diaz dba Chula Vista Grocery; DOCKET NUMBER: 2007-1990-PST-E; IDENTIFIER: RN101679504; LOCATION: Los Fresnos, Cameron County; TYPE OF FACILITY: convenience store with two inactive underground storage tanks (USTs); RULE VIOLATED: 30 TAC §334.47(a)(2) and the Code, §26.350, by failing to permanently remove from service, no later than 60 days after the prescribed upgrade implementation date, two USTs for which any applicable component of the system is not brought into timely compliance with the upgrade requirements; PENALTY: $10,500; ENFORCEMENT COORDINATOR: Thomas Greimel, (512) 239-5690; REGIONAL OFFICE: 1804 West Jefferson Avenue, Harlingen, Texas 78550-5247, (956) 425-6010.
(10) COMPANY: Max Mousaui Mohsen dba King's Food & Gas; DOCKET NUMBER: 2008-0809-PST-E; IDENTIFIER: RN102394392; LOCATION: Lubbock, Lubbock County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.8(c)(5)(A)(i), by failing to possess a valid TCEQ delivery certificate prior to receiving fuel; PENALTY: $875; ENFORCEMENT COORDINATOR: Melissa Keller, (512) 239-1768; REGIONAL OFFICE: 5012 50th Street, Suite 100, Lubbock, Texas 79414-3421, (806) 796-7092.
(11) COMPANY: Milk Transport Services LP; DOCKET NUMBER: 2008-0794-WQ-E; IDENTIFIER: RN104459987; LOCATION: Shallowater, Lubbock County; TYPE OF FACILITY: milk transporter; RULE VIOLATED: 30 TAC §281.25(a)(4), by failing to obtain a multi-sector general permit; PENALTY: $700; ENFORCEMENT COORDINATOR: Melissa Keller, (512) 239-1768; REGIONAL OFFICE: 5012 50th Street, Suite 100, Lubbock, Texas 79414-3421, (806) 796-7092.
(12) COMPANY: Nasa Oil, Inc. dba Nasa Food Mart; DOCKET NUMBER: 2008-0134-PST-E; IDENTIFIER: RN101432599; LOCATION: Webster, Harris County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.50(b)(1)(A) and the Code §26.3475(c)(1), by failing to monitor USTs for releases at a frequency of at least once every month; PENALTY: $2,650; ENFORCEMENT COORDINATOR: Shontay Wilcher, (512) 239-2136; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas 77023-1425, (713) 767-3500.
(13) COMPANY: Quail Oak Property Owners Association; DOCKET NUMBER: 2008-0166-MLM-E; IDENTIFIER: RN101277317; LOCATION: Harris County; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.39(d)(1), (e)(1), and (h)(1), by failing to submit "as built" plans and specifications for the water system that have been prepared by a licensed, professional engineer; 30 TAC §290.41(c)(3)(A), by failing to submit well completion data to the commission prior to placing the wells into service; 30 TAC §290.44(d)(4), by failing to provide metering devices at each residential, commercial or industrial service connection for the accumulation of water usage data; 30 TAC §290.105(b) and §290.118(b), by failing to provide water that meets the commission's secondary constituent levels of 0.05 milligrams per liter (mg/L) for manganese; and 30 TAC §291.101(a), by failing to obtain a certificate of public convenience and necessity; PENALTY: $2,035; ENFORCEMENT COORDINATOR: Tel Croston, (512) 239-5717; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas 77023-1425, (713) 767-3500.
(14) COMPANY: Royce Homes, L.P.; DOCKET NUMBER: 2008-0460-WQ-E; IDENTIFIER: RN103894788; LOCATION: Tomball, Harris County; TYPE OF FACILITY: construction site; RULE VIOLATED: 30 TAC §281.25(a)(4), 40 CFR §122.26(c), and TPDES General Permit Number TXR150234, Part II, Section D.3(a), by failing to develop a TPDES storm water pollution prevention plan; PENALTY: $1,050; ENFORCEMENT COORDINATOR: Heather Brister, ; 254) 761-3048; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas 77023-1425, (713) 767-3500.
(15) COMPANY: Scott Egert dba Scott's Complete Car Care; DOCKET NUMBER: 2008-0796-PST-E; IDENTIFIER: RN102264058; LOCATION: Lubbock, Lubbock County; TYPE OF FACILITY: fleet refueling; RULE VIOLATED: 30 TAC §334.50(a)(1)(A), by failing to provide release detection; and 30 TAC §334.8(c)(5)(A)(i), by failing to possess a valid TCEQ delivery certificate prior to receiving fuel; PENALTY: $2,625; ENFORCEMENT COORDINATOR: Melissa Keller, (512) 239-1768; REGIONAL OFFICE: 5012 50th Street, Suite 100, Lubbock, Texas 79414-3421, (806) 796-7092.
(16) COMPANY: Seminole Pipeline Company; DOCKET NUMBER: 2008-0200-AIR-E; IDENTIFIER: RN102805058; LOCATION: Tavner, Fort Bend County; TYPE OF FACILITY: compressor station; RULE VIOLATED: 30 TAC §117.335(a) and §122.143(4), Federal Operating Permit (FOP) Number O-01169/General Operating Permit (GOP) Number 511, Site-wide requirements (SWR) (b)(20)-(21), and THSC, §382.085(b), by failing to conduct stack testing; 30 TAC §§106.512(3)(B), 101.20(1), and 122.143(4), 40 CFR §60.8 and §60.335, FOP Number O-01169/GOP Number 511, SWR (b)(7)(D)(xlv) and (23)(b), and THSC, §382.085(b), by failing to conduct the initial performance test; 30 TAC §122.145(2)(A) and THSC, §382.085(b), by failing to submit a complete deviation report; and 30 TAC §122.143(4), FOP Number O-01169/GOP Number 511, SWR (b)(8), and THSC, §382.085(b), by failing to keep records of quarterly visible emission observations of gas turbine stacks; PENALTY: $10,500; SEP offset amount of $4,200 applied to Houston-Galveston AERCO's Clean Cities/Clean Vehicles Program; ENFORCEMENT COORDINATOR: Miriam Hall, (512) 239-1044; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.
(17) COMPANY: Stryker Lake Water Supply Corporation; DOCKET NUMBER: 2008-0549-PWS-E; IDENTIFIER: RN101450377; LOCATION: New Summerfield, Cherokee County; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.113(f)(4) and THSC, §341.0315(c), by failing to comply with the MCL of 0.080 mg/L for TTHM based on a running annual average; PENALTY: $347; ENFORCEMENT COORDINATOR: Christopher Keffer, (512) 239-5610; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3734, (903) 535-5100.
(18) COMPANY: Texas H2O, Inc.; DOCKET NUMBER: 2008-0129-WQ-E; IDENTIFIER: RN101274991; LOCATION: Mansfield, Johnson County and Hood County; TYPE OF FACILITY: wastewater collection and treatment service company; RULE VIOLATED: the Code, §26.121(a), by failing to prevent an unauthorized discharge from a sanitary sewer collection system; and the Code, §26.039(b), by failing to notify the TCEQ of the unauthorized discharge; PENALTY: $2,100; ENFORCEMENT COORDINATOR: Libby Hogue, (512) 239-1165; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(19) COMPANY: Texas Petrochemicals LP; DOCKET NUMBER: 2008-0498-AIR-E; IDENTIFIER: RN100219526; LOCATION: Houston, Harris County; TYPE OF FACILITY: chemical manufacturing plant; RULE VIOLATED: 30 TAC §116.115(c), Air Permit Number 46307, SC Number 1, and THSC, §382.085(b), by failing to prevent unauthorized emissions; and 30 TAC §101.201(a)(1)(B) and THSC, §382.085(b), by failing to submit the initial notification for an emission event within 24 hours of discovery; PENALTY: $9,386; SEP offset amount of $3,754 applied to Harris County Public Health and Environmental Services-Pollution Control Division's Fourier Transform Infra Red Project; ENFORCEMENT COORDINATOR: Nadia Hameed, (713) 767-3629; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas 77023-1425, (713) 767-3500.
(20) COMPANY: Village of Wimberley and Guadalupe Blanco River Authority; DOCKET NUMBER: 2007-1712-MWD-E; IDENTIFIER: RN101610350; LOCATION: Hays County; TYPE OF FACILITY: wastewater treatment facility; RULE VIOLATED: 30 TAC §305.125(1), TCEQ Permit Number WQ0013321001 Effluent Limitations and Monitoring Requirements A, and the Code, §26.121(a)(1), by failing to comply with its interim permitted effluent limits; and 30 TAC §319.7(a)(4) and TCEQ Permit Number WQ0013321001 Monitoring and Reporting Requirements Number 1, by failing to monitor for pH at the required frequency; PENALTY: $8,000; SEP offset amount of $6,400 applied to Texas Association of Resource Conservation and Development Area's, Inc.-Abandoned Tire Clean-Up; ENFORCEMENT COORDINATOR: Pamela Campbell, (512) 239-4493; REGIONAL OFFICE: 2800 South Interstate Highway 35, Suite 100, Austin, Texas 78704-5700, (512) 339-2929.
TRD-200802859
Mary R. Risner
Director, Litigation Division
Texas Commission on Environmental Quality
Filed: June 3, 2008
An agreed order was entered regarding Capitol City Disposal, Docket No. 2005-0383-MSW-E on May 22, 2008, assessing $8,700 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting Kari Gilbreth, Staff Attorney, at (512) 239-1320, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Oxbow Calcining LLC f/k/a Great Lakes Carbon LLC, Docket No. 2006-0782-AIR-E on May 22, 2008, assessing $32,004 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting Laurencia Fasoyiro, Staff Attorney, at (713) 422-8914, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
A default order was entered regarding Juan J. Rodriguez dba JJ's Cleaners, Docket No. 2006-1051-DCL-E on May 22, 2008, assessing $140 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting Anna Cox, Staff Attorney, at (512) 239-0974, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Johnny Dorton dba Ideal Cleaners and dba Your Laundry, Docket No. 2006-1160-DCL-E on May 22, 2008, assessing $2,370 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting Becky Combs, Staff Attorney, at (512) 239-6939, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Starr County, Docket No. 2006-1216-MSW-E on May 22, 2008, assessing $22,960 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting Gary Shiu, Staff Attorney, at (713) 422-8916, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding John Cushman dba Sun Cleaners, Docket No. 2006-1227-DCL-E on May 22, 2008, assessing $945 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting Anna Cox, Staff Attorney, at (512) 239-0974, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding U.S. Oil Recovery, L.P., Docket No. 2006-1959-WQ-E on May 22, 2008, assessing $26,650 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting Kathleen Decker, Staff Attorney, at (512) 239-6500, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
A default order was entered regarding Milo Drive, Inc., Docket No. 2007-0220-EAQ-E on May 22, 2008, assessing $6,000 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting Lena Roberts, Staff Attorney, at (512) 239-0019, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
A default order was entered regarding Dusty L. Turner, Docket No. 2007-0408-LII-E on May 22, 2008, assessing $750 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting Barham A. Richard, Staff Attorney, at (512) 239-0107, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Ameriforge Corporation dba Forged Vessel Connections, Docket No. 2007-0577-IHW-E on May 22, 2008, assessing $3,102 in administrative penalties with $620 deferred.
Information concerning any aspect of this order may be obtained by contacting Dana Shuler, Enforcement Coordinator, at (512) 239-2505, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
A default order was entered regarding David Gayle Lovett, Docket No. 2007-0592-LII-E on May 22, 2008, assessing $1,575 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting Anna Cox, Staff Attorney, at (512) 239-0974, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding San Antonio Water System, Docket No. 2007-0639-MWD-E on May 22, 2008, assessing $11,400 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting Rebecca Clausewitz, Enforcement Coordinator, at (210) 403-4012, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Coming of Christ Full Gospel Church, A Community Church, Docket No. 2007-0770-PWS-E on May 22, 2008, assessing $440 in administrative penalties with $88 deferred.
Information concerning any aspect of this order may be obtained by contacting Stephen Thompson, Enforcement Coordinator, at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Walnut Creek Special Utility District, Docket No. 2007-0782-PWS-E on May 22, 2008, assessing $2,000 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting Anna Cox, Staff Attorney, at (512) 239-0974 Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Southwest Shipyard, L.P., Docket No. 2007-0794-AIR-E on May 22, 2008, assessing $77,276 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting Kathleen Decker, Staff Attorney, at (512) 239-6500, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Eastman Chemical Company, Docket No. 2007-0830-AIR-E on May 22, 2008, assessing $102,125 in administrative penalties with $20,425 deferred.
Information concerning any aspect of this order may be obtained by contacting Daniel Siringi, Enforcement Coordinator, at (409) 899-8799, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Trinity @ Windfern LLC, Docket No. 2007-0893-MWD-E on May 22, 2008, assessing $12,390 in administrative penalties with $2,478 deferred.
Information concerning any aspect of this order may be obtained by contacting Craig Fleming, Enforcement Coordinator, at (512) 239-5806, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
A default order was entered regarding Michael Soza dba Water Valley Water Co-op, Docket No. 2007-1133-PWS-E on May 22, 2008, assessing $11,890 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting Lena Roberts, Staff Attorney, at (512) 239-0019, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding ConocoPhillips Company, Docket No. 2007-1194-AIR-E on May 22, 2008, assessing $228,900 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting Miriam Hall, Enforcement Coordinator, at (512) 239-1044, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding A Young Adventure Child Care Learning Center Inc., Docket No. 2007-1267-PWS-E on May 22, 2008, assessing $2,257 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting Libby Hogue, Enforcement Coordinator, at (512) 239-1165, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding BAE Systems Tactical Vehicle Systems LP, Docket No. 2007-1329-IWD-E on May 22, 2008, assessing $28,244 in administrative penalties with $5,648 deferred.
Information concerning any aspect of this order may be obtained by contacting Craig Fleming, Enforcement Coordinator, at (512) 239-5806, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Leon Heijligers dba Center Point Dairy, LLP, Docket No. 2007-1352-AGR-E on May 22, 2008, assessing $4,000 in administrative penalties with $800 deferred.
Information concerning any aspect of this order may be obtained by contacting Craig Fleming, Enforcement Coordinator, at (512) 239-5806, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding McWane, Inc., Docket No. 2007-1417-AIR-E on May 22, 2008, assessing $22,950 in administrative penalties with $4,590 deferred.
Information concerning any aspect of this order may be obtained by contacting Suzanne Walrath, Enforcement Coordinator, at (512) 239-2134, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding City of Mart, Docket No. 2007-1456-PWS-E on May 22, 2008, assessing $9,877 in administrative penalties with $1,975 deferred.
Information concerning any aspect of this order may be obtained by contacting Epifanio Villareal, Enforcement Coordinator, at (210) 403-4033, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Sabina Petrochemicals LLC, Docket No. 2007-1481-AIR-E on May 22, 2008, assessing $24,625 in administrative penalties with $4,925 deferred.
Information concerning any aspect of this order may be obtained by contacting Miriam Hall, Enforcement Coordinator, at (512) 239-1044, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Texas Barge & Boat, Inc., Docket No. 2007-1482-AIR-E on May 22, 2008, assessing $3,600 in administrative penalties with $720 deferred.
Information concerning any aspect of this order may be obtained by contacting Trina Grieco, Enforcement Coordinator, at (210) 403-4006, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding David Zulejkic dba Buffalo Ridge Mobile Home Community, Docket No. 2007-1498-PWS-E on May 22, 2008, assessing $4,690 in administrative penalties with $938 deferred.
Information concerning any aspect of this order may be obtained by contacting Mike Meyer, Enforcement Coordinator, at (512) 239-4492, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Golinda Water Supply Corporation, Docket No. 2007-1502-PWS-E on May 22, 2008, assessing $315 in administrative penalties with $63 deferred.
Information concerning any aspect of this order may be obtained by contacting Shontay Wilcher, Enforcement Coordinator, at (512) 239-2136, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Leedo Manufacturing Co., L.P., Docket No. 2007-1517-AIR-E on May 22, 2008, assessing $72,049 in administrative penalties with $14,409 deferred.
Information concerning any aspect of this order may be obtained by contacting Kimberly Morales, Enforcement Coordinator, at (713) 422-8938, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Gulf Chemical & Metallurgical Corporation, Docket No. 2007-1520-AIR-E on May 22, 2008, assessing $31,050 in administrative penalties with $6,210 deferred.
Information concerning any aspect of this order may be obtained by contacting Jorge Ibarra, Enforcement Coordinator, at (817) 588-5890, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Upper Trinity Regional Water District, Docket No. 2007-1525-MWD-E on May 22, 2008, assessing $3,400 in administrative penalties with $680 deferred.
Information concerning any aspect of this order may be obtained by contacting Craig Fleming, Enforcement Coordinator, at (512) 239-5806, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding ExxonMobil Oil Corporation, Docket No. 2007-1547-AIR-E on May 22, 2008, assessing $31,375 in administrative penalties with $6,275 deferred.
Information concerning any aspect of this order may be obtained by contacting James Nolan, Enforcement Coordinator, at (512) 239-6634, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding SMI Oil Field Services, Inc., Vallourec Industries, Inc., SC Pipe Services, Inc. dba VAM PTS Company, Docket No. 2007-1551-IWD-E on May 22, 2008, assessing $13,426 in administrative penalties with $2,685 deferred.
Information concerning any aspect of this order may be obtained by contacting Heather Brister, Enforcement Coordinator, at (254) 761-3048, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding City of Runaway Bay, Docket No. 2007-1564-MWD-E on May 22, 2008, assessing $9,675 in administrative penalties with $1,935 deferred.
Information concerning any aspect of this order may be obtained by contacting Lynley Doyen, Enforcement Coordinator, at (512) 239-1364, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Chevron Phillips Chemical Company LP, Docket No. 2007-1581-AIR-E on May 22, 2008, assessing $10,000 in administrative penalties with $2,000 deferred.
Information concerning any aspect of this order may be obtained by contacting Nadia Hameed, Enforcement Coordinator, at (713) 767-3629, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Sterling Chemicals, Inc., Docket No. 2007-1604-IWD-E on May 22, 2008, assessing $7,875 in administrative penalties with $1,575 deferred.
Information concerning any aspect of this order may be obtained by contacting Tom Jecha, Enforcement Coordinator, at (512) 239-2576, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding City of Moran, Docket No. 2007-1615-MWD-E on May 22, 2008, assessing $6,300 in administrative penalties with $1,260 deferred.
Information concerning any aspect of this order may be obtained by contacting Craig Fleming, Enforcement Coordinator, at (512) 239-5806, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Georgia Gulf Chemicals & Vinyls, LLC, Docket No. 2007-1616-IHW-E on May 22, 2008, assessing $29,510 in administrative penalties with $5,902 deferred.
Information concerning any aspect of this order may be obtained by contacting Colin Barth, Enforcement Coordinator, at (512) 239-0086, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Broadway Grocery, Inc., Docket No. 2007-1633-PST-E on May 22, 2008, assessing $5,100 in administrative penalties with $1,020 deferred.
Information concerning any aspect of this order may be obtained by contacting Rajesh Acharya, Enforcement Coordinator, at (512) 239-0577, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Exxon Mobil Corporation, Docket No. 2007-1637-AIR-E on May 22, 2008, assessing $13,775 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting John Muennink, Enforcement Coordinator, at (361) 825-3423, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Se Yon Oh dba US Food Mart 107, Docket No. 2007-1638-PST-E on May 22, 2008, assessing $14,625 in administrative penalties with $2,925 deferred.
Information concerning any aspect of this order may be obtained by contacting Judy Kluge, Enforcement Coordinator, at (817) 588-5825, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding City of Kosse, Docket No. 2007-1669-PWS-E on May 22, 2008, assessing $8,108 in administrative penalties with $1,621 deferred.
Information concerning any aspect of this order may be obtained by contacting Yuliya Dunaway, Enforcement Coordinator, at (210) 403-4077, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Southern Forest Products, LLC, Docket No. 2007-1694-AIR-E on May 22, 2008, assessing $5,000 in administrative penalties with $1,000 deferred.
Information concerning any aspect of this order may be obtained by contacting Aaron Houston, Enforcement Coordinator, at (409) 899-8784, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Texas Department of Criminal Justice, Docket No. 2007-1705-MWD-E on May 22, 2008, assessing $3,220 in administrative penalties with $644 deferred.
Information concerning any aspect of this order may be obtained by contacting Harvey Wilson, Enforcement Coordinator, at (512) 239-0321, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Lone Star Industries, Inc. dba Buzzi Unicem USA, Docket No. 2007-1719-AIR-E on May 22, 2008, assessing $7,400 in administrative penalties with $1,480 deferred.
Information concerning any aspect of this order may be obtained by contacting Terry Murphy, Enforcement Coordinator, at (512) 239-5025, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Liberty Pressure Pumping, L.P., Docket No. 2007-1722-AIR-E on May 22, 2008, assessing $4,200 in administrative penalties with $840 deferred.
Information concerning any aspect of this order may be obtained by contacting James Nolan, Enforcement Coordinator, at (512) 239-6634, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Lee-Var, Inc. dba Palmer of Texas, Docket No. 2007-1724-AIR-E on May 22, 2008, assessing $19,050 in administrative penalties with $3,810 deferred.
Information concerning any aspect of this order may be obtained by contacting Audra Ruble, Enforcement Coordinator, at (361) 825 3126, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding US Petroleum Depot, Inc., Docket No. 2007-1735-AIR-E on May 22, 2008, assessing $2,850 in administrative penalties with $570 deferred.
Information concerning any aspect of this order may be obtained by contacting Sidney Wheeler, Enforcement Coordinator, at (512) 239-4969, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Laredo Paving, Inc., Docket No. 2007-1769-AIR-E on May 22, 2008, assessing $60,000 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting Libby Hogue, Enforcement Coordinator, at (512) 239-1165, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Midland Village Car Wash, Inc. dba Village East Express Wash & Lube and Village Car Wash & Express Lube, Docket No. 2007-1771-PST-E on May 22, 2008, assessing $9,250 in administrative penalties with $1,850 deferred.
Information concerning any aspect of this order may be obtained by contacting Judy Kluge, Enforcement Coordinator, at (817) 588-5825, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Oxid L.P., Docket No. 2007-1781-IWD-E on May 22, 2008, assessing $7,040 in administrative penalties with $1,408 deferred.
Information concerning any aspect of this order may be obtained by contacting Andrew Hunt, Enforcement Coordinator, at (512) 239-1203, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Haldor Topsoe, Inc., Docket No. 2007-1788-AIR-E on May 22, 2008, assessing $3,350 in administrative penalties with $670 deferred.
Information concerning any aspect of this order may be obtained by contacting Kimberly Morales, Enforcement Coordinator, at (713) 422-8938, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding George Dreher dba Pumpjacks, Etc., Docket No. 2007-1800-AIR-E on May 22, 2008, assessing $3,150 in administrative penalties with $630 deferred.
Information concerning any aspect of this order may be obtained by contacting Suzanne Walrath, Enforcement Coordinator, at (512) 239-2134, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Atrium Companies, Inc., Docket No. 2007-1811-AIR-E on May 22, 2008, assessing $2,625 in administrative penalties with $525 deferred.
Information concerning any aspect of this order may be obtained by contacting Sidney Wheeler, Enforcement Coordinator, at (512) 239-4969, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Prime Mart Inc., Docket No. 2007-1814-MLM-E on May 22, 2008, assessing $7,800 in administrative penalties with $1,560 deferred.
Information concerning any aspect of this order may be obtained by contacting Rajesh Acharya, Enforcement Coordinator, at (512) 239-0577, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding City of Cameron, Docket No. 2007-1832-WQ-E on May 22, 2008, assessing $1,150 in administrative penalties with $230 deferred.
Information concerning any aspect of this order may be obtained by contacting Andrew Hunt, Enforcement Coordinator, at (512) 239-1203, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding CCAA, L.L.C. dba BCS Stop & Go Potties, Docket No. 2007-1835-MSW-E on May 22, 2008, assessing $1,387 in administrative penalties with $277 deferred.
Information concerning any aspect of this order may be obtained by contacting Clinton Sims, Enforcement Coordinator, at (512) 239-6933, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Nutri-Feeds. Inc., Docket No. 2007-1838-AIR-E on May 22, 2008, assessing $4,950 in administrative penalties with $990 deferred.
Information concerning any aspect of this order may be obtained by contacting James Nolan, Enforcement Coordinator, at (512) 239-6634, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding City of Eldorado, Docket No. 2007-1848-MSW-E on May 22, 2008, assessing $4,810 in administrative penalties with $962 deferred.
Information concerning any aspect of this order may be obtained by contacting Colin Barth, Enforcement Coordinator, at (512) 239-0086, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Texas Military Institute of San Antonio Texas, Docket No. 2007-1890-EAQ-E on May 22, 2008, assessing $3,000 in administrative penalties with $600 deferred.
Information concerning any aspect of this order may be obtained by contacting Heather Brister, Enforcement Coordinator, at (254) 761-3048, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Carrier Corporation, Docket No. 2007-1927-AIR-E on May 22, 2008, assessing $950 in administrative penalties with $190 deferred.
Information concerning any aspect of this order may be obtained by contacting Audra Ruble, Enforcement Coordinator, at (361) 825 3126, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Diamondback Pumping GP LCC, Docket No. 2007-1947-MLM-E on May 22, 2008, assessing $8,570 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting Colin Barth, Enforcement Coordinator, at (512) 239-0086, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Texas Petrochemicals LP, Docket No. 2007-1993-AIR-E on May 22, 2008, assessing $6,575 in administrative penalties with $1,315 deferred.
Information concerning any aspect of this order may be obtained by contacting Rebecca Johnson, Enforcement Coordinator, at (713) 422-8931, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Albertson's LLC, Docket No. 2007-1994-AIR-E on May 22, 2008, assessing $1,040 in administrative penalties with $208 deferred.
Information concerning any aspect of this order may be obtained by contacting Sidney Wheeler, Enforcement Coordinator, at (512) 239-4969, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Cabot Corporation, Docket No. 2007-2013-AIR-E on May 22, 2008, assessing $3,825 in administrative penalties with $765 deferred.
Information concerning any aspect of this order may be obtained by contacting Sidney Wheeler, Enforcement Coordinator, at (512) 239-4969, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Rk Petroleum Corp., Docket No. 2007-2026-AIR-E on May 22, 2008, assessing $1875 in administrative penalties with $375 deferred.
Information concerning any aspect of this order may be obtained by contacting Harvey Wilson, Enforcement Coordinator, at (512) 239-0321, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding J. H. Strain & Sons, Inc., Docket No. 2008-0065-AIR-E on May 22, 2008, assessing $800 in administrative penalties with $160 deferred.
Information concerning any aspect of this order may be obtained by contacting Miriam Hall, Enforcement Coordinator, at (512) 239-1044, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
A field citation was entered regarding Ameri-Forge Group Inc., Docket No. 2007-1971-WQ-E on May 22, 2008, assessing $700 in administrative penalties.
Information concerning any aspect of this citation may be obtained by contacting Melissa Keller, SEP Coordinator, at (512) 239-1768, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
A field citation was entered regarding J. C. Smith and Sons Sand Gravel Inc., Docket No. 2007-1970-WQ-E on May 22, 2008, assessing $700 in administrative penalties.
Information concerning any aspect of this citation may be obtained by contacting Melissa Keller, SEP Coordinator, at (512) 239-1768, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
A field citation was entered regarding William O. Jordon, Docket No. 2007-2007-WQ-E on May 22, 2008, assessing $700 in administrative penalties.
Information concerning any aspect of this citation may be obtained by contacting Melissa Keller, SEP Coordinator, at (512) 239-1768, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
TRD-200802883
LaDonna Castañuela
Chief Clerk
Texas Commission on Environmental Quality
Filed: June 4, 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 (TWC), §7.075. Section 7.075 requires that before the commission may approve the AOs, the commission shall allow the public an opportunity to submit written comments on the proposed AOs. Section 7.075 requires that notice of the opportunity to comment must be published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is July 14, 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 A, 3rd Floor, Austin, Texas 78753, (512) 239-3400 and at the applicable regional office listed as follows. Written comments about an AO should be sent to the attorney designated for the AO at the commission's central office at P.O. Box 13087, MC 175, Austin, Texas 78711-3087 and must be received by 5:00 p.m. on July 14, 2008. Comments may also be sent by facsimile machine to the attorney at (512) 239-3434. The designated attorney is available to discuss the AO and/or the comment procedure at the listed phone number; however, §7.075 provides that comments on an AO shall be submitted to the commission in writing.
(1) COMPANY: Shalynah, Inc. dba Sammys 3; DOCKET NUMBER: 2006-1001-PST-E; TCEQ ID NUMBER: RN102030186; LOCATION: 1601 West Fairmont Parkway, La Porte, Harris County, Texas; TYPE OF FACILITY: convenience store; RULES VIOLATED: 30 TAC §334.8(c), by failing to conduct effective manual or automatic inventory control procedures for all underground storage tanks (USTs) involved in the retail sale of petroleum substances as a motor fuel; 30 TAC §334.50(b)(2)(A)(i)(III) and (ii), (d)(4)(A)(i) and (ii)(II) and Texas Water Code (TWC), §26.3475(a) and (c)(1), by failing to test the line leak detectors at least once per year for performance and operational reliability; 30 TAC §334.51(b) and TWC, §26.3475(c)(2), by failing to equip each UST with a valve or other device designed to automatically shut off the flow of regulated substances into the tank when the liquid level in the tank reaches a present level no higher than the 95% capacity level of the tank; and 30 TAC §37.815(a) and (b), by failing to demonstrate acceptable financial assurance for taking corrective action and for compensating third parties for bodily injury and property damage caused by accidental releases arising from the operation of petroleum USTs; PENALTY: $11,970; STAFF ATTORNEY: Jacquelyn Boutwell, Litigation Division, MC 175, (512) 239-5846; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Street, Suite H, Houston, Texas 77023, (713) 767-3500.
(2) COMPANY: SNI Corporation dba Broadway Food Mart; DOCKET NUMBER: 2004-0043-PWS-E; TCEQ ID NUMBER: RN101252732; LOCATION: 2682 Highway 71, Columbus, Colorado County, Texas; TYPE OF FACILITY: convenience store and public water supply system; RULES VIOLATED: 30 TAC §290.109(c)(2) and (3) and Texas Health and Safety Code (THSC), §341.033(d), by failing to collect and submit routine bacteriological samples and repeat samples after a coliform positive result as required; 30 TAC §290.110(d)(1)(C) (formerly 30 TAC §290.110(d)(3)), by failing to use a method that conforms to the requirements of 30 TAC §290.119 relating to analytical procedures; 30 TAC §290.110(c)(4)(A) (formerly 30 TAC §290.110(c)(5)(B)), by failing to conduct and record weekly chlorine residual tests; 30 TAC §290.122(a), by failing to post Public Notices for violations of the maximum contaminant limit for microbial contaminants (coliform positive sample results); 30 TAC §290.41(c)(1)(A), by failing to locate ground water sources so there will be no danger of pollution from unsanitary surroundings; and 30 TAC §290.41(c)(1)(F), by failing to provide a sanitary control easement for the well; PENALTY: $4,950; STAFF ATTORNEY: Tracy Chandler, Litigation Division, MC 175, (512) 239-0629; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Street, Suite H, Houston, Texas 77023, (713) 767-3500.
(3) COMPANY: The City of Galveston; DOCKET NUMBER: 2006-1755-PWS-E; TCEQ ID NUMBER: RN101274249; LOCATIONS: corner of 52nd Street and Avenue A (the main facility) with satellite distribution facilities designated as and commonly referred to by the City as the 30th Street location, the 59th Street location, the Airport location, Jamaica Beach, University of Texas Medical Branch (UTMB), 10-Mile Road, the Texas A&M location, the Port of Galveston, and White Sands, Galveston, Galveston County, Texas; TYPE OF FACILITY: public water system; RULES VIOLATED: 30 TAC §290.45(b)(1)(D)(i) and THSC, §341.0315(c), by failing to provide a minimum total capacity of 0.6 gallons per minute per connection; 30 TAC §290.45(b)(1)(D)(iv) and THSC, §341.0315(c), by failing to provide a minimum elevated storage capacity of 100 gallons per connection; 30 TAC §290.46(f)(2) and (f)(3)(E)(iv), by failing to maintain copies of completed customer service inspections that can be made available to commission personnel at the time of investigations; 30 TAC §290.46(m), by failing to maintain the 30th Street location in a manner that minimizes the possibility of harboring rodents, insects, and other disease vectors that may cause contamination of the water supply; 30 TAC §290.43(c), by failing to design and erect the roof of the 30th Street location's concrete ground storage tank in accordance with American Water Works Association standards so that no water ponds at any point on the roof and so that the roof has a slope of less than 0.75 inches per foot; 30 TAC §290.43(c)(1), by failing to equip the vent openings on the ground storage tank at the 59th Street location with 16-mesh or finer corrosion resistant screening; 30 TAC §290.46(t), by failing to post legible signs at the Airport, Jamaica Beach, White Sands, 10-Mile Road, and UTMB locations, that contain the name of the water supply and an emergency telephone number where a responsible official can be contacted; 30 TAC §290.46(m)(4), by failing to maintain the ground storage tank at the Airport location in a water-tight condition; 30 TAC §290.43(e), by failing to enclose the elevated tanks at the White Sands and 10-Mile Road locations inside a building or fence designed to prevent intruder access and with doors or gates that are locked whenever the facility is unattended; 30 TAC §290.46(u), by failing to plug the system's abandoned wells with cement, or to return the wells to a non-deteriorated condition; 30 TAC §290.41(c)(3)(J), by failing to maintain the concrete sealing block surrounding Well Number 6A; 30 TAC §290.42(e)(5), by failing to house the system's hypochlorination solution containers and pumps in a secure enclosure to protect them from vandalism and adverse weather conditions; and 30 TAC §290.44(h)(1)(A) and §290.46(i), by failing to enforce a plumbing ordinance or service agreement to insure that neither cross-connections nor other unacceptable plumbing practices are permitted and that backflow prevention assemblies are properly installed at all connections where the potential for contamination exists; PENALTY: $12,285; Supplemental Environmental Project offset amount of $12,285 applied to Trust for Public Land-Galveston Bay Acquisition and Conservation Program; STAFF ATTORNEY: Lena Roberts, Litigation Division, MC 175, (512) 239-0019; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Street, Suite H, Houston, Texas 77023, (713) 767-3500.
TRD-200802871
Mary R. Risner
Director, Litigation Division
Texas Commission on Environmental Quality
Filed: June 3, 2008
The Texas Commission on Environmental Quality (TCEQ or commission) staff is providing an opportunity for written public comment on the listed Default Orders (DOs). The commission staff proposes a DO when the staff has sent an executive director's preliminary report and petition (EDPRP) to an entity outlining the alleged violations; the proposed penalty; and the proposed technical requirements necessary to bring the entity back into compliance; and the entity fails to request a hearing on the matter within 20 days of its receipt of the EDPRP or requests a hearing and fails to participate at the hearing. Similar to the procedure followed with respect to Agreed Orders entered into by the executive director of the commission, in accordance with Texas Water Code (TWC), §7.075 this notice of the proposed order and the opportunity to comment is published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is July 14, 2008. The commission will consider any written comments received and the commission may withdraw or withhold approval of a DO if a comment discloses facts or considerations that indicate that consent to the proposed DO is inappropriate, improper, inadequate, or inconsistent with the requirements of the statutes and rules within the commission's jurisdiction, or the commission's orders and permits issued in accordance with the commission's regulatory authority. Additional notice of changes to a proposed DO is not required to be published if those changes are made in response to written comments.
A copy of each proposed DO is available for public inspection at both the commission's central office, located at 12100 Park 35 Circle, Building A, 3rd Floor, Austin, Texas 78753, (512) 239-3400 and at the applicable regional office listed as follows. Written comments about the DO should be sent to the attorney designated for the DO at the commission's central office at P.O. Box 13087, MC 175, Austin, Texas 78711-3087 and must be received by 5:00 p.m. on July 14, 2008 . Comments may also be sent by facsimile machine to the attorney at (512) 239-3434. The commission's attorneys are available to discuss the DOs and/or the comment procedure at the listed phone numbers; however, §7.075 provides that comments on the DOs shall be submitted to the commission in writing.
(1) COMPANY: Thomas Jones; DOCKET NUMBER: 2008-0281-PST-E; TCEQ ID NUMBER: RN102219763; LOCATION: 28042 United States Highway 377, Gordonville, Grayson County, Texas; TYPE OF FACILITY: gasoline service station; RULES 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, three underground storage tanks (USTs) for which any applicable component of the system was not brought into timely compliance with the upgrade requirements; and 30 TAC §334.7(d)(3), by failing to notify the agency of any change or additional information regarding USTs within 30 days from the date of the occurrence of the change or addition, as applicable; PENALTY: $8,925; STAFF ATTORNEY: Mary Hammer, Litigation Division, MC 175, (512) 239-2496; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(2) COMPANY: Xklen Corporation; DOCKET NUMBER: 2008-0233-IHW-E; TCEQ ID NUMBER: RN100701507; LOCATION: 7650 County Road 48, Suite F, Rosharon, Brazoria County, Texas; TYPE OF FACILITY: hazardous waste transportation service; RULES VIOLATED: 30 TAC §335.2(b), by failing to prevent the unauthorized storage and processing of wastes transported to the facility; 30 TAC §335.12(a) and §335.14(a), by failing to use manifests for the transportation of hazardous waste of Class I waste; and 30 TAC §335.6, by failing to update its Notice of Registration with changes or additional information concerning waste management or waste composition; PENALTY: $13,000; STAFF ATTORNEY: Lena Roberts, Litigation Division, MC 175, (512) 239-0019; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Street, Suite H, Houston, Texas 77023, (713) 767-3500.
TRD-200802870
Mary R. Risner
Director, Litigation Division
Texas Commission on Environmental Quality
Filed: June 3, 2008
Notices of Receipt of Application and Intent to Obtain a New Municipal Solid Waste Permit
For the Period of May 29, 2008
APPLICATION: Republic Waste Services of Texas, Ltd., 1212 Harrison Avenue, Arlington, Tarrant County, Texas 76011, has applied to the Texas Commission on Environmental Quality (TCEQ) for a new permit for the Brazos Transfer Station. The proposed Type V municipal solid waste transfer station is requesting a permit in order to accept household waste, yard waste, commercial waste, industrial nonhazardous waste, and construction-demolition waste. The facility is located approximately 0.3 miles southwest of the intersection of IH-20 and Nu Energy Drive, Aledo, Parker County, Texas. The TCEQ received the application on April 7, 2008. The permit application is available for viewing and copying at the East Parker County Library, 201 N. FM 1187, Aledo, Parker County, Texas.
ADDITIONAL NOTICE: TCEQ's Executive Director has determined the application is administratively complete and will conduct a technical review of the application. After technical review of the application is complete, the Executive Director may prepare a draft permit and will issue a preliminary decision on the application. Notice of the Application and Preliminary Decision will be published and mailed to those who are on the county-wide mailing list and to those who are on the mailing list for this application. That notice will contain the deadline for submitting public comments.
PUBLIC COMMENT/PUBLIC MEETING: You may submit public comments or request a public meeting on this application. The purpose of a public meeting is to provide the opportunity to submit comments or to ask questions about the application. TCEQ will hold a public meeting if the Executive Director determines that there is a significant degree of public interest in the application or if requested by a local legislator. A public meeting is not a contested case hearing.
OPPORTUNITY FOR A CONTESTED CASE HEARING: After the deadline for submitting public comments, the Executive Director will consider all timely comments and prepare a response to all relevant and material, or significant public comments. Unless the application is directly referred for a contested case hearing, the response to comments, and the Executive Director's decision on the application, will be mailed to everyone who submitted public comments and to those persons who are on the mailing list for this application. If comments are received, the mailing will also provide instructions for requesting reconsideration of the Executive Director's decision and for requesting a contested case hearing. A person who may be affected by the facility is entitled to request a contested case hearing from the commission. A contested case hearing is a legal proceeding similar to a civil trial in state district court.
TO REQUEST A CONTESTED CASE HEARING, YOU MUST INCLUDE THE FOLLOWING ITEMS IN YOUR REQUEST: your name, address, phone number; applicant's name and permit number; the location and distance of your property/activities relative to the facility; a specific description of how you would be adversely affected by the facility in a way not common to the general public; and, the statement "I/we request a contested case hearing." If the request for contested case hearing is filed on behalf of a group or association, the request must designate the group's representative for receiving future correspondence; identify an individual member of the group who would be adversely affected by the facility or activity; provide the information discussed above regarding the affected member's location and distance from the facility or activity; explain how and why the member would be affected; and explain how the interests the group seeks to protect are relevant to the group's purpose. Following the close of all applicable comment and request periods, the Executive Director will forward the application and any requests for reconsideration or for a contested case hearing to the TCEQ Commissioners for their consideration at a scheduled Commission meeting.
The Commission will only grant a contested case hearing on disputed issues of fact that are relevant and material to the Commission's decision on the application. Further, the Commission will only grant a hearing on issues that were raised in timely filed comments that were not subsequently withdrawn.
MAILING LIST: If you submit public comments, a request for a contested case hearing or a reconsideration of the Executive Director's decision, you will be added to the mailing list for this specific application to receive future public notices mailed by the Office of the Chief Clerk. In addition, you may request to be placed on: (1) the permanent mailing list for a specific applicant name and permit number; and/or (2) the mailing list for a specific county. If you wish to be placed on the permanent and/or the county mailing list, clearly specify which list(s) and send your request to TCEQ Office of the Chief Clerk at the address below.
AGENCY CONTACTS AND INFORMATION: All written public comments and requests must be submitted to the Office of the Chief Clerk, MC 105, TCEQ, P.O. Box 13087, Austin, TX 78711-3087. If you need more information about this permit application or the permitting process, please call TCEQ Office of Public Assistance, Toll Free, at 1-800-687-4040. Si desea información en Español, puede llamar al 1-800-687-4040. General information about TCEQ can be found at our web site at www.tceq.state.tx.us.
Further information may also be obtained from Republic Waste Services of Texas, Ltd at the address stated above or by calling Mr. Nicholas Stefkovich, at (817) 261-8812.
TRD-200802882
LaDonna Castañuela
Chief Clerk
Texas Commission on Environmental Quality
Filed: June 4, 2008
The following notices were issued during the period of May 28, 2008 through May 30, 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
50'S GROUP PROPERTIES LTD which operates a meat packing plant, has applied for a major amendment to Permit No. WQ0003574000 to authorize an increase in the daily average flow from 395,000 gallons per day to 435,000 gallons per day; an increase in the irrigation area from 201 acres to 268 acres and an increase in Nitrogen loading rate. The current permit authorizes the disposal of slaughterhouse process wastewater, wash water from cattle processing, cooling tower blowdown, boiler blowdown, reverse osmosis reject water, and storm water via irrigation of 201 acres at an application rate not to exceed 1.31 acre-feet/acre/year. This permit will not authorize a discharge of pollutants into water in the State. The facility and land application site are located at 2150 East 37th Street; approximately 2000 feet northeast of the intersection of 37th Street and Pruitt Drive, in the extra territorial jurisdiction of the City of San Angelo, Tom Green County, Texas.
CITY OF HENDERSON has applied to the Texas Commission on Environmental Quality (TCEQ) for a major amendment to TPDES Permit No. WQ0010187002 to discontinue the Temporary Variance to the Texas Surface Water Quality Standards (WQS) because a Copper Water Effects Ratio (WER) study was completed by the Applicant and was deemed as approvable by EPA/USFWS in 2002. In accordance with 30 TAC, Chapter 307.6(c)(9), this WER may now be used to recalculate the need for copper limits and/or monitoring requirements. Final approval of the WER will be granted by EPA once the use of the WER has been included in the final public notice and EPA has the opportunity to review any comments made on the copper WER study. The copper WER will be added to Appendix E of the WQS during the next triennial revision. The current permit authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 1,000,000 gallons per day. The facility is located at 2397 Farm-to-Market Road 782 North, approximately 2.3 miles north of U.S. Highway 259 and 0.8 mile west of Farm-to-Market Road 782 in Rusk County, Texas.
CITY OF PORT ARTHUR has applied for a renewal of TPDES Permit No. WQ0010364009, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 100,000 gallons per day. The facility is located on Pleasure Island adjacent to the Sabine-Neches Waterway, approximately 1.6 miles northeast of the Gulfgate Bridge in Jefferson County, Texas.
ENERGY CO LLC which operates Altura Cogen, LLC, a steam and electricity cogeneration facility, has applied for a renewal of TPDES Permit No. WQ0002845000, which authorizes the discharge of storm water and steam condensate on an intermittent and flow variable basis via Outfall 001; and cooling tower blowdown at a daily average flow not to exceed 504,000 gallons per day via Outfall 002. The facility is located at 2330 Sheldon Road, adjacent to the intersection of Avenue C and 5th Street in the LyondellBassell Chemical Plant, in the City of Channelview, in Harris County, Texas.
JACKIE DIANE POWELL who operates a facility that dismantles used vehicles for resale and purchases ferrous and nonferrous metals for resale, has applied for a renewal of TPDES Permit No. WQ0003007000, which authorizes discharge of storm water on an intermittent and variable basis. The facility is located at 5417 North McCarty Road, northeast of the intersection of McCarty Road and Mesa Road and south of Liberty Road in Houston, Texas.
OXY VINYLS LP which operates the Pasadena PVC Plant which manufactures polyvinyl chloride resin and is authorized to treat and dispose of wastes from off-site plastic materials, industrial organic chemicals production, and anhydrous ammonia storage, has applied for a major amendment to TPDES Permit No. WQ0000002000 to relocate Outfall 001 to the 24-inch diameter pipe downstream of the second Parshall flume; delete internal Outfall 101 with all monitoring to occur at relocated Outfall 001; authorize the discharge of process wastewater, utility wastewater, domestic wastewater, storm water (including storm water from the adjacent BASF and Houston Ammonia Terminal facilities), BASF and Conduit Specialties Inc process wastewater, and utility wastewater from the adjacent BASF, Houston Ammonia Terminal, and Conduit Specialties Inc at a daily average flow not to exceed 4,000,000 gallons per day via Outfall 001; add increased chemical oxygen demand, total suspended solids and oil and grease effluent limits at Outfall 001; and define utility wastewater discharged via Outfall 001 as including but not limited to cooling tower blowdown, boiler blowdown, washdown water, condensate, demineralized regeneration water, and hydrostatic test water. The current permit authorizes the discharge of process wastewater, utility wastewater, demineralizer wastewater, domestic wastewater, storm water (including storm water from the Houston Ammonia Terminal and the adjacent Enron facility), and wastewater from the adjacent Sunoco (formerly Aristech) facility and from the adjacent (dormant) Enron facility at a daily average flow not to exceed 4,000,000 gallons per day via Outfall 001; and process wastewater, domestic wastewater, demineralizer wastewater, utility wastewater, and wastewater from the adjacent Sunoco (formerly Aristech) and from the adjacent (dormant) Enron facility on an intermittent and flow variable basis via internal Outfall 101. The facility is located at 4403 Pasadena Freeway, approximately one-mile north of the intersection of Beltway 8 and Texas Highway 225, on the west side of Beltway 8, and at the confluence of the Beltway 8 Bridge over the Houston Ship Channel, Harris County, Texas.
PABTEX I LP(Owner) and SAVAGE GULF SERVICES LTD LLP (Operator), which operate a marine cargo handling facility that stores and loads soft coal and petroleum coke, have applied for a renewal of TPDES Permit No. WQ0001702000, which authorizes the intermittent and variable discharge of storm water associated with industrial activity from Outfall 001. The facility is located approximately 0.50 miles southeast of the intersection of State Highway 73 and Taft Avenue, and 0.25 miles southeast of the City of Groves in Jefferson County, Texas.
SAN MIGUEL ELECTRONIC COOPERATIVE INC which operates San Miguel Lignite Mine, has applied for a major amendment to TPDES Permit No. WQ0002043000 to authorize the removal of storm water only Outfalls 003 - 007 and the addition of Outfalls 003 (new active mining area) and 103 (new post mining area). The current permit authorizes mine pit water, mine depressurization water, and storm water runoff from ponds in the "active mining area" on an intermittent and flow variable basis via Outfalls 001 and 002; mine pit water and storm water runoff from ponds in the "post mining area" on an intermittent and flow variable basis via Outfalls 101, and 102; and storm water on an intermittent and flow variable basis via Outfalls 003 - 007.
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-200802881
LaDonna Castañuela
Chief Clerk
Texas Commission on Environmental Quality
Filed: June 4, 2008
Notice of Extension of Public Comment Period
The General Land Office (GLO) hereby gives notice that it has extended the period for public comment for proposed rule amendments and new rules concerning 31 TAC Chapter 15, relating to Coastal Area Planning, Management of the Beach/Dune System, and Coastal Erosion Planning and Response originally published in the May 16, 2008, issue of the Texas Register (33 TexReg 3885).
The GLO proposed amendments to §15.2, relating to definitions of small and large scale construction and restoration and §15.3, relating to review periods for large and small scale construction, standard and expedited periods for review of local government beach and dune plans by the GLO, and determination of the line of vegetation by the GLO necessary for establishing the boundary of the public beach easement. The GLO proposed an amendment to §15.8, relating to beach user fees. The GLO also proposed new §15.16 and amended §15.41 in order to provide guidelines for local governments to establish Erosion Response Plans (ERPs) that incorporate a building set-back line.
To comment on the proposed rulemaking, please send a written comment to Walter Talley, Texas Register Liaison, Texas General Land Office, P.O. Box 12873, Austin, Texas 78711, facsimile number (512) 463-6311 or e-mail to walter.talley@glo.state.tx.us. Written comments must be received no later than 5:00 p.m., July 16, 2008.
TRD-200802892
Larry L. Laine
Chief Clerk, Deputy Land Commissioner
General Land Office
Filed: June 4, 2008
Application for admission to the State of Texas by UNIVERSAL HEALTH CARE, INC., a foreign health maintenance organization (HMO). The home office is in St. Petersburg, Florida.
Application for admission to the State of Texas by UNIVERSAL HEALTH CARE, INC., under the assumed name TEXAS UNIVERSAL HEALTH CARE, a foreign health maintenance organization (HMO). The home office is in St. Petersburg, Florida.
Application for admission to the State of Texas by AMERICAN ACCESS CASUALTY COMPANY, a foreign fire and/or casualty company. The home office is in Oakbrook Terrace, Illinois.
Any objections must be filed with the Texas Department of Insurance, within twenty (20) calendar days from the date of the Texas Register publication, addressed to the attention of Godwin Ohaechesi, 333 Guadalupe Street, M/C 305-2C, Austin, Texas 78701.
TRD-200802889
Gene C. Jarmon
Chief Clerk and General Counsel
Texas Department of Insurance
Filed: June 4, 2008
Notice is given to the public of the application of the listed small employer health benefit plan issuer to be a risk-assuming health benefit plan issuer under Insurance Code §1501.312. A small employer health benefit plan issuer is defined by Insurance Code §1501.002(16) as a health benefit plan issuer offering, delivering, issuing for delivery, or renewing health benefit plans subject to the Insurance Code, Chapter 1501, Subchapters C - H. A risk-assuming health benefit plan issuer is defined by Insurance Code §1501.301(4) as a small employer health benefit plan issuer that does not participate in the Texas Health Reinsurance System. The following small employer health benefit plan issuer has applied to be a risk-assuming health benefit plan issuer:
Principal Life Insurance Company
The application is subject to public inspection at the offices of the Texas Department of Insurance, Legal Division - Nick Hoelscher, 333 Guadalupe, Tower I, Room 920, Austin, Texas.
If you wish to comment on the application of Principal Life Insurance Company to be a risk-assuming health benefit plan issuer, you must submit your written comments within 60 days after publication of this notice in the Texas Register to Gene C. Jarmon, General Counsel and Chief Clerk, Mail Code 113-2A, Texas Department of Insurance, P.O. Box 149104, Austin, Texas 78714-91204. Upon consideration of the application and comments, and a determination that all requirements of law have been met, the Commissioner or his designee may take final action on the applicant's election to be a risk-assuming health benefit plan issuer.
TRD-200802844
Gene C. Jarmon
Chief Clerk and General Counsel
Texas Department of Insurance
Filed: June 2, 2008
Notice is hereby given that the Commissioner of Insurance will hold a public hearing under Docket No. 2684 on July 15, 2008, beginning at 10:00 a.m. in Room 100 of the William P. Hobby, Jr. State Office Building, 333 Guadalupe Street in Austin, Texas, to consider requests filed by Stewart Title Guaranty Company and the Texas Land Title Association (TLTA) to amend Procedural Rule 5 (P-5) of the Basic Manual of Rules, Rates and Forms for the Writing of Title Insurance in the State of Texas and to consider additional rules, forms or endorsements regarding the restrictions, encroachments, mineral endorsements and rules related thereto.
The Commissioner further provides notice that Bulletin No. B-0013-08 is hereby withdrawn in its entirety.
The Commissioner of Insurance has jurisdiction over the matters set out in this notice pursuant to Texas Insurance Code, Section 31.021, Chapters 2501, 2703, and Section 2551.003 and pursuant to the Texas Administrative Code, Title 28, Chapter 9. The procedure of the hearing will be governed by the Rules of Practice and Procedure before the Department of Insurance (Texas Administrative Code, Title 28, Chapter 1, Subchapter A) and the Administrative Procedure Act (Texas Government Code, Chapter 2001). A copy of the request submitted by Stewart Title Guaranty Company and TLTA may be obtained by submitting a request to the Chief Clerk Office by contacting Sylvia Gutierrez at Sylvia.Gutierrez@tdi.state.tx.us or (512) 463-6327.
TRD-200802888
Gene C. Jarmon
Chief Clerk and General Counsel
Texas Department of Insurance
Filed: June 4, 2008
Instant Game Number 774 "$1,000,000 Vegas Luck"
The Texas Lottery Commission filed for publication Instant Game Number 774 "$1,000,000 Vegas Luck." The document was originally published with the November 17, 2006, issue of the Texas Register (31 TexReg 9534). The procedure for claiming a $1,000,000 prize was changed after the procedure was originally filed with the Texas Register. Effective June 30, 2008, a $1,000,000 prize may be claimed at any Texas Lottery Claim Center. Sections 2.3.B - F, "Procedure for Claiming Prizes," were amended as Sections 2.3.B - E which now read as follows:
2.3 Procedure for Claiming Prizes.
B. To claim a "$1,000,000 VEGAS LUCK" Instant Game prize of $2,000, $10,000 or $1,000,000, 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 "$1,000,000 VEGAS LUCK" 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.
TRD-200802835
Kimberly L. Kiplin
General Counsel
Texas Lottery Commission
Filed: June 2, 2008
The Texas Lottery Commission filed for publication Instant Game Number 817 "$1 Million Cash." The document was originally published with the June 22, 2007, issue of the Texas Register (32 TexReg 3894). The procedure for claiming a $1,000,000 prize was changed after the procedure was originally filed with the Texas Register. Effective June 30, 2008, a $1,000,000 prize may be claimed at any Texas Lottery Claim Center. Sections 2.3.B - F, "Procedure for Claiming Prizes," were amended as Sections 2.3.B - E which now read as follows:
2.3 Procedure for Claiming Prizes.
B. To claim a "$1 MILLION CASH" Instant Game prize of $1,000, $10,000 or $1,000,000, 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 "$1 MILLION CASH" 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.
TRD-200802836
Kimberly L. Kiplin
General Counsel
Texas Lottery Commission
Filed: June 2, 2008
The Texas Lottery Commission filed for publication Instant Game Number 823 "$130 Million Spectacular." The document was originally published with the March 30, 2007, issue of the Texas Register (32 TexReg 1951). The procedure for claiming a $1,000,000 prize was changed after the procedure was originally filed with the Texas Register. Effective June 30, 2008, a $1,000,000 prize may be claimed at any Texas Lottery Claim Center. Sections 2.3.B and 2.3.C, "Procedure for Claiming Prizes," were amended and now read as follows:
2.3 Procedure for Claiming Prizes.
B. To claim a "$130 MILLION SPECTACULAR" Instant Game prize of $1,000, $2,000, $20,000, $50,000 or $1,000,000, 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 "$130 MILLION SPECTACULAR" top level prize of $5,000,000, 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.
TRD-200802837
Kimberly L. Kiplin
General Counsel
Texas Lottery Commission
Filed: June 2, 2008
The Texas Lottery Commission filed for publication Instant Game Number 825 "$1 Million Extravaganza." The document was originally published with the May 25, 2007, issue of the Texas Register (32 TexReg 2930). The procedure for claiming a $1,000,000 prize was changed after the procedure was originally filed with the Texas Register. Effective June 30, 2008, a $1,000,000 prize may be claimed at any Texas Lottery Claim Center. Sections 2.3.B - F, "Procedure for Claiming Prizes," were amended as Sections 2.3.B - E which now read as follows:
2.3 Procedure for Claiming Prizes.
B. To claim a "$1 MILLION EXTRAVAGANZA" Instant Game prize of $1,000, $10,000 or $1,000,000, 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 "$1 MILLION EXTRAVAGANZA" Instant Game prize, the claimant must sign the winning ticket, thoroughly complete a claim form, and mail both to: Texas Lottery Commission, Post Office Box 16600, Austin, Texas 78761-6600. The risk of sending a ticket remains with the claimant. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.
D. Prior to payment by the Texas Lottery of any prize, the Texas Lottery shall deduct a sufficient amount from the winnings of a person who has been finally determined to be:
1. delinquent in the payment of a tax or other money collected by the Comptroller, the Texas Workforce Commission, or Texas Alcoholic Beverage Commission;
2. delinquent in making child support payments administered or collected by the Attorney General; or
3. delinquent in reimbursing the Texas Health and Human Services Commission for a benefit granted in error under the food stamp program or the program of financial assistance under Chapter 31, Human Resources Code;
4. in default on a loan made under Chapter 52, Education Code; or
5. in default on a loan guaranteed under Chapter 57, Education Code.
E. If a person is indebted or owes delinquent taxes to the State, other than those specified in the preceding paragraph, the winnings of a person shall be withheld until the debt or taxes are paid.
TRD-200802840
Kimberly L. Kiplin
General Counsel
Texas Lottery Commission
Filed: June 2, 2008
The Texas Lottery Commission filed for publication Instant Game Number 833 "$130 Million Payout Bonanza." The document was originally published with the May 11, 2007, issue of the Texas Register (32 TexReg 2718). The procedure for claiming a $1,000,000 prize was changed after the procedure was originally filed with the Texas Register. Effective June 30, 2008, a $1,000,000 prize may be claimed at any Texas Lottery Claim Center. Sections 2.3.B and 2.3.C, "Procedure for Claiming Prizes," were amended and now read as follows:
2.3 Procedure for Claiming Prizes.
B. To claim a "$130 MILLION PAYOUT BONANZA" Instant Game prize of $1,000, $2,000, $20,000, $50,000 or $1,000,000, 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 "$130 MILLION PAYOUT BONANZA" top level prize of $5,000,000, 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.
TRD-200802841
Kimberly L. Kiplin
General Counsel
Texas Lottery Commission
Filed: June 2, 2008
The Texas Lottery Commission filed for publication Instant Game Number 1016 "$1 Million Holiday Winnings." The document was originally published with the September 28, 2007, issue of the Texas Register (32 TexReg 6889). The procedure for claiming a $1,000,000 prize was changed after the procedure was originally filed with the Texas Register. Effective June 30, 2008, a $1,000,000 prize may be claimed at any Texas Lottery Claim Center. Sections 2.3.B - F, "Procedure for Claiming Prizes," were amended as Sections 2.3.B - E which now read as follows:
2.3 Procedure for Claiming Prizes.
B. To claim a "$1 MILLION HOLIDAY WINNINGS" Instant Game prize of $2,000, $10,000 or $1,000,000, 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 "$1 MILLION HOLIDAY WINNINGS" Instant Game prize, the claimant must sign the winning ticket, thoroughly complete a claim form, and mail both to: Texas Lottery Commission, Post Office Box 16600, Austin, Texas 78761-6600. The risk of sending a ticket remains with the claimant. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.
D. Prior to payment by the Texas Lottery of any prize, the Texas Lottery shall deduct a sufficient amount from the winnings of a person who has been finally determined to be:
1. delinquent in the payment of a tax or other money collected by the Comptroller, the Texas Workforce Commission, or Texas Alcoholic Beverage Commission;
2. delinquent in making child support payments administered or collected by the Attorney General; or
3. delinquent in reimbursing the Texas Health and Human Services Commission for a benefit granted in error under the food stamp program or the program of financial assistance under Chapter 31, Human Resources Code;
4. in default on a loan made under Chapter 52, Education Code; or
5. in default on a loan guaranteed under Chapter 57, Education Code.
E. If a person is indebted or owes delinquent taxes to the State, other than those specified in the preceding paragraph, the winnings of a person shall be withheld until the debt or taxes are paid.
TRD-200802842
Kimberly L. Kiplin
General Counsel
Texas Lottery Commission
Filed: June 2, 2008
1.0 Name and Style of Game.
A. The name of Instant Game No. 1050 is "PIECES OF EIGHT". The play style is "key number match with doubler".
1.1 Price of Instant Ticket.
A. Tickets for Instant Game No. 1050 shall be $2.00 per ticket.
1.2 Definitions in Instant Game No. 1050.
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 SYMBOL, 9, 10, 11, 12, 13, 14, 15, 16, 17, 19, 20, $2.00, $4.00, $5.00, $10.00, $20.00, $25.00, $50.00, $100, $500, $2,000 and $20,000.
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: GAME NO. 1050 - 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 $2.00, $4.00, $5.00, $10.00 or $20.00.
G. Mid-Tier Prize - A prize of $50.00, $100 or $500.
H. High-Tier Prize - A prize of $2,000 or $20,000.
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 (1050), a seven (7) digit pack number, and a three (3) digit ticket number. Ticket numbers start with 001 and end with 125 within each pack. The format will be: 1050-0000001-001.
K. Pack - A pack of "PIECES OF EIGHT" Instant Game tickets contains 125 tickets, packed in plastic shrink-wrapping and fanfolded in pages of two (2). One ticket will be folded over to expose a front and back of one ticket on each pack. Please note the books will be in an A, B. C and D configuration.
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 "PIECES OF EIGHT" Instant Game No. 1050 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 "PIECES OF EIGHT" Instant Game is determined once the latex on the ticket is scratched off to expose 18 (eighteen) Play Symbols. If a player matches any of YOUR NUMBERS play symbols to either GOLD NUMBER play symbol, the player wins the PRIZE shown for that number. If a player reveals an "8" play symbol, the player wins DOUBLE the PRIZE shown for that symbol. 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 18 (eighteen) 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 18 (eighteen) 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 18 (eighteen) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures;
17. Each of the 18 (eighteen) 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 "8" (doubler) play symbol will only appear on intended winning tickets and only as indicated by the prize structure.
C. No matching non-winning prize symbols on a ticket.
D. No duplicate GOLD NUMBERS play symbols on a ticket.
E. No duplicate non-winning YOUR NUMBERS play symbols on a ticket.
F. Non-winning prize symbols will never be the same as the winning prize symbol(s).
G. 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 "PIECES OF EIGHT" Instant Game prize of $2.00, $4.00, $5.00, $10.00, $20.00, $50.00, $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 $50.00, $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 "PIECES OF EIGHT" Instant Game prize of $2,000 or $20,000, 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 "PIECES OF EIGHT" 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 "PIECES OF EIGHT" 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 "PIECES OF EIGHT" Instant Game, the Texas Lottery shall deposit the amount of the prize in a custodial bank account, with an adult member of the minor's family or the minor's guardian serving as custodian for the minor.
2.7 Instant Ticket Claim Period. All Instant Game prizes must be claimed within 180 days following the end of the Instant Game or within the applicable time period for certain eligible military personnel as set forth in Texas Government Code §466.408. Any prize not claimed within that period, and in the manner specified in these Game Procedures and on the back of each ticket, shall be forfeited.
2.8 Disclaimer. The number of prizes in a game is approximate based on the number of tickets ordered. The number of actual prizes available in a game may vary based on number of tickets manufactured, testing, distribution, sales and number of prizes claimed. An Instant Game ticket may continue to be sold even when all the top prizes have been claimed.
3.0 Instant Ticket Ownership.
A. Until such time as a signature is placed upon the back portion of an Instant Game ticket in the space designated, a ticket shall be owned by the physical possessor of said ticket. When a signature is placed on the back of the ticket in the space designated, the player whose signature appears in that area shall be the owner of the ticket and shall be entitled to any prize attributable thereto. Notwithstanding any name or names submitted on a claim form, the Executive Director shall make payment to the player whose signature appears on the back of the ticket in the space designated. If more than one name appears on the back of the ticket, the Executive Director will require that one of those players whose name appears thereon be designated by such players to receive payment.
B. The Texas Lottery shall not be responsible for lost or stolen Instant Game tickets and shall not be required to pay on a lost or stolen Instant Game ticket.
4.0 Number and Value of Instant Prizes. There will be approximately 8,040,000 tickets in the Instant Game No. 1050. The approximate number and value of prizes in the game are as follows:
A. The actual number of tickets in the game may be increased or decreased at the sole discretion of the Texas Lottery Commission.
5.0 End of the Instant Game. The Executive Director may, at any time, announce a closing date (end date) for the Instant Game No. 1050 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. 1050, 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-200802843
Kimberly L. Kiplin
General Counsel
Texas Lottery Commission
Filed: June 2, 2008
Notice of Consultant Contract Award
Pursuant to the provisions of Government Code, Chapter 2254, the North Central Texas Council of Governments publishes this notice of consultant contract award. The consultant proposal request appeared in the February 8, 2008, issue of the Texas Register (33 TexReg 1184). The selected consultant will perform technical and professional work for the Bellaire Area Sustainable Development Planning Project for the City of Hurst.
The consultant selected for this project is CDS/Spillette, 1250 Wood Branch Park Drive, Suite 100, Houston, Texas 77079. The maximum amount of this contract is $103,750.
TRD-200802872
R. Michael Eastland
Executive Director
North Central Texas Council of Governments
Filed: June 3, 2008
Announcement of Application for an Amendment to a State-Issued Certificate of Franchise Authority
The Public Utility Commission of Texas received an application on May 28, 2008, for an amendment to a state-issued certificate of franchise authority (CFA), pursuant to §§66.001 - 66.016 of the Public Utility Regulatory Act (PURA).
Project Title and Number: Application of Time Warner Cable San Antonio, L.P. for An Amendment to a State-Issued Certificate of Franchise Authority, Project Number 35720 before the Public Utility Commission of Texas.
The requested CFA service area includes the addition of the municipalities of Balcones Heights, Castle Hills, and Grey Forest, 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 35720.
TRD-200802861
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: June 3, 2008
Notice is given to the public of an application filed with the Public Utility Commission of Texas on May 29, 2008, for designation as an eligible telecommunications provider (ETP) and eligible telecommunications carrier (ETC) pursuant to P.U.C. Substantive Rule §26.417 and §26.418, respectively.
Docket Title and Number: Application of Worldcall Interconnect Inc. for Designation as an Eligible Telecommunications Carrier and Eligible Telecommunications Provider. Docket Number 35728.
The Application: The company is requesting ETC/ETP designation in order to be eligible to receive federal and state universal service funding to assist it in providing universal service in Texas. Pursuant to 47 U.S.C. §214(e), the commission, either upon its own motion or upon request, shall designate qualifying common carriers as ETCs and ETPs for service areas set forth by the commission. Worldcall Interconnect, Inc. seeks ETC/ETP designation in the designated rural study areas as depicted in Attachment C of its application.
Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas by July 3, 2008. Requests for further information should be mailed to the Public Utility Commission of Texas, P.O. Box 13326, Austin, Texas 78711-3326, or you may call the Public Utility 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 (800) 735-2989 to reach the commission's toll free number (888) 782-8477. All comments should reference Docket Number 35728.
TRD-200802860
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: June 3, 2008
Notice is given to the public of the filing with the Public Utility Commission of Texas of an application on May 27, 2008, for a service provider certificate of operating authority (SPCOA), pursuant to §§54.151 - 54.156 of the Public Utility Regulatory Act (PURA).
Docket Title and Number: Application of OneTone Telecom, Inc. for a Service Provider Certificate of Operating Authority, Docket Number 35716 before the Public Utility Commission of Texas.
Applicant intends to provide plain old telephone service, and long distance services.
Applicant's requested SPCOA geographic area includes the entire State of Texas.
Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than June 18, 2008. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136 or toll free at 1-800-735-2989. All comments should reference Docket Number 35716.
TRD-200802820
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: May 30, 2008
Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) of an application on May 29, 2008, for a service provider certificate of operating authority (SPCOA), pursuant to §§54.151 - 54.156 of the Public Utility Regulatory Act (PURA).
Docket Title and Number: Application of CLERTECH.COM, INC. for a Service Provider Certificate of Operating Authority, Docket Number 35721 before the Public Utility Commission of Texas.
Applicant intends to provide ADSL, ISDN, HDSL, SDSL, RADSL, VDSL, T1-Private Line, Frame Relay, Fractional T1, and wireless services.
Applicant's requested SPCOA geographic area includes the entire State of Texas.
Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than June 18, 2008. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136 or toll free at 1-800-735-2989. All comments should reference Docket Number 35721.
TRD-200802862
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: June 3, 2008
Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) of an application on May 29, 2008, for a service provider certificate of operating authority (SPCOA), pursuant to §§54.151 - 54.156 of the Public Utility Regulatory Act (PURA).
Docket Title and Number: Application of One-Call Telcom, Inc. for a Service Provider Certificate of Operating Authority, Docket Number 35722 before the Public Utility Commission of Texas.
Applicant intends to provide plain old telephone service, ADSL, ISDN, HDSL, SDSL, RADSL, VDSL, Optical Services, T1-Private Line, Switch 56 KBPS, Frame Relay, Fractional T1, long distance, and wireless services.
Applicant's requested SPCOA geographic area includes the entire State of Texas.
Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than June 18, 2008. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136 or toll free at 1-800-735-2989. All comments should reference Docket Number 35722.
TRD-200802863
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: June 3, 2008
Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) of an application on May 29, 2008, to relinquish retail electric provider (REP) certification, pursuant to §§39.101 - 39.109 of the Public Utility Regulatory Act (PURA).
Docket Title and Number: Application of Dynegy Energy Marketing, L.P. to Relinquish its Retail Electric Provider (REP) Certification, Docket Number 35723 before the Public Utility Commission of Texas.
Persons wishing to comment upon the action sought should contact the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than June 20, 2008. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136 or toll free at 1-800-735-2989. All comments should reference Docket Number 35723.
TRD-200802864
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: June 3, 2008
The Public Utility Commission of Texas (PUCT or commission) is issuing a Request for Proposals (RFP) for a person or entity to provide consulting services in connection with a Notice of Violation issued by the PUCT against International Power America, Inc. (IPA). The PUCT is responsible for monitoring market power associated with the generation and sale of electricity in Texas. Texas Utilities Code §39.157(a). On April 11, 2008, the PUCT issued a Notice of Violation (NOV) against IPA. The NOV alleges generally that IPA did not comply with ERCOT rules and operating guides relating to governor response and frequency bias. The NOV and related information can be found on the PUCT Interchange. To reach the PUCT Interchange, go to http://interchange.puc.state.tx.us/WebApp/Interchange/application/dbapps/login/pgLogin.asp. Click on "Login." At the next screen, enter docket number 34738.
Under the direction of a PUCT staff attorney, the Contractor will perform the following services:
* review and evaluate the discovery responses and testimony filed in the proceeding by International Power America, Inc. and its affiliates (collectively "IPA") to assess the validity of any issues raised concerning the performance and performance capabilities of generating units owned or operated by IPA and their compliance with the rules and operating guides of the Electric Reliability Council of Texas relating to governor response and the provision of frequency bias;
* consult with staff counsel concerning findings and recommendations concerning the validity of any issues raised by IPA, in accordance with the deadlines established in the procedural schedule for the contested case; and
* perform such other services as directed.
The contractor's duties may include, without limitation:
* assisting counsel in propounding and responding to discovery requests;
* attending the hearing in this proceeding;
* assisting counsel in cross-examining IPA's witnesses;
* assisting counsel and staff during the proceeding as directed; and
* assisting counsel in preparing post-hearing briefs and exceptions and replies to proposals for decision.
RFP documentation may be obtained by contacting:
Purchaser
Public Utility Commission of Texas
P.O. Box 13326
Austin, TX 78711-3326
(512) 936-7069
purchasing@puc.state.tx.us
RFP documentation also is located on the PUCT website at http://www.puc.state.tx.us/about/procurement/currentrfps.cfm.
Deadline for submission is 5:00 p.m. on Wednesday, June 18, 2008.
TRD-200802821
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: May 30, 2008
Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) on May 23, 2008 errata to the amended application for a certificate of convenience and necessity for a proposed transmission line in Chambers, Hardin, Jasper, Jefferson, Liberty, Newton and Orange Counties, Texas.
Docket Style and Number: Application of Kelson Transmission Company, LLC for a Certificate of Convenience and Necessity for the Amended Proposed Canal to Deweyville 345 kV Transmission Line Within Chambers, Hardin, Jasper, Jefferson, Liberty, Newton, and Orange Counties, Docket Number 34611.
The Application: This application includes facilities subject to the Coastal Management Program and must be consistent with the Coastal Management Program goals and policies. The errata to the amended application of Kelson Transmission Company, LLC (Kelson Transmission) for a proposed transmission line is filed to reflect a determination by the General Land Office that a portion of Kelson Transmission's proposed Canal to Deweyville transmission line project is within the Coastal Management Program boundary.
Persons wishing to intervene or comment on the action sought should contact the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll-free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136 or use Relay Texas (toll-free) 1-800-735-2989. All comments should reference Docket Number 34611.
TRD-200802866
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: June 3, 2008
This publication is filed pursuant to Texas Government Code, §2254.030. The Invitation to Bid on Economic Consulting Services was published in the May 2, 2008, issue of the Texas Register (33 TexReg 3695).
DESCRIPTION OF ACTIVITIES OF PRIVATE CONSULTANT:
Texas State Technical College (TSTC) System has entered into a major consulting services contract for the following services:
The TSTC System has been a vital part of the educational complex of the state for decades and is a major source of skilled workers that serve to make Texas competitive for high growth enterprises. At present, however, TSTC receives much of its funding based on a set of parameters and formulas which is less than optimal. In particular, the current approach provides incentives to maximize contact hours and offer two-year programs. In reality, many of the most critical technical occupations currently require certifications and training that can be accomplished in a shorter period of time. Both students and employers prefer this approach, and it is more in line with the overall curricula and programs of TSTC within the Texas educational complex. Thus, the current funding mechanism creates inefficiencies and outcomes which neither make the best use of fiscal resources nor maximize the potential benefits to economic competitiveness. To alleviate this situation, TSTC is proposing a new approach to its appropriations which is results-oriented and tied to its economic and revenue contributions. The purpose of the consulting services sought is to quantify the potential benefits of this alternative mechanism.
Contractor will conduct all initial research necessary to prepare the analysis.
Contractor will define and compile the appropriate inputs to be used in the impact assessment process.
Contractor will evaluate the overall economic impact of the current programs at TSTC on business activity in Texas using the information described above and the Texas Multi-Regional Impact Assessment System. The analysis will include an estimate of the effect on state fiscal revenues.
Contractor will define two illustrative scenarios of potential performance which are realistic under a more "outcomes" focused system. Contractor will then evaluate these patterns using the approach described above.
Contractor will prepare a comprehensive report setting forth the results of this study and placing them in a proper economic and fiscal perspective.
NAME AND BUSINESS ADDRESS OF PRIVATE CONSULTANT:
The private consultant engaged by the TSTC System for these activities is The Perryman Group, whose business address is 510 N. Valley Mills Dr., Suite 300, Waco, TX 76710.
TOTAL VALUE AND TERM OF THE CONTRACT:
The total value of the contract is $51,200. The term of the contract began on June 2, 2008, and will terminate on August 2, 2008, or upon completion of work described herein.
DATES ON WHICH REPORTS ARE DUE:
The final report regarding the study will be provided within 60 days of provision of the input information and is estimated to be August 15, 2008.
For information regarding this publication, contact Dr. J. Gary Hendricks, Vice Chancellor for Financial and Administrative Services, at (254) 867-3952.
TRD-200802853
Dr. J. Gary Hendricks
Vice Chancellor for Financial and Administrative Services
Texas State Technical College System
Filed: June 2, 2008
Public Notice of Final Environmental Impact Statement (Grand Parkway Segment F-1, Harris County, Texas)
In the May 30, 2008 issue of the Texas Register (33 TexReg 4390), the Texas Department of Transportation, Environmental Division, published a Notice of Final Environmental Impact Statement (Grand Parkway Segment F-1, Harris County, Texas). The deadline date for comments has been changed and extended. The following notice is re-published with the new deadline.
Pursuant to 43 Texas Administrative Code §2.5(e)(8)(B), the Texas Department of Transportation is advising the public of the availability of the Final Environmental Impact Statement (FEIS) for the proposed construction of State Highway 99, US 290 to SH 249 (the Grand Parkway Segment F-1) northwest of Houston in Harris County, Texas. Comments regarding the FEIS should be submitted to The Grand Parkway Association, Attention: Segment F-1 Comments, located at 4544 Post Oak Place, Suite 222, Houston, Texas 77027 or the Director of Project Development at the Texas Department of Transportation's Houston District Office located at 7600 Washington Avenue, Houston, Texas prior to 5:00 p.m. on July 10, 2008 . The Texas Department of Transportation's mailing address is P.O. Box 1386, Houston, Texas, 77251-1386.
The purpose of the proposed action is to provide improved access to the existing and future thoroughfare system, reduce area traffic congestion, improve safety, and improve area-wide mobility. A full range of alternatives were identified and evaluated for Segment F-1 at the corridor level (five corridors), transportation mode level (No Build, Transportation System Management Alternatives (TSM), Travel Demand Alternatives (TDM), and Modal Alternatives), and at the alignment level. The proposed action consists of the construction of a controlled access tollway from US 290 to SH 249 in Harris County, a distance ranging from 12.03 to 12.73 miles, depending on the alternative alignment considered. The proposed facility will consist of a four-mainlane controlled access tollway within a 400-foot (ROW) width. A total of three build alternative alignments, in addition to the No-Build alternative, have been presented in the FEIS. All three alternative alignments lie between US 290 and SH 249 in a west-east direction. Alternative Alignment A begins at US 290 and traverses mainly through the center of the study area. This alignment alternative terminates at SH 249, approximately 1.6 miles east of Willow Creek and is 12.7 miles in length. Alternative Alignment B starts at the same location as Alternative Alignment A but traverses mainly through the southern portion of the study area. Alternative Alignment B terminates at the same location of Alternative Alignment A, but is 12.1 miles in length. Alternative Alignment C starts at the western portion of the study area and traverses east mainly through the north-western portion of the study area. Alternative Alignment C terminates at the same location as Alternative Alignments A and B and is 12.7 miles in length.
The preferred corridor and transportation mode and the recommended alternative alignment as presented in the DEIS, were selected after careful consideration and assessment of the potential environmental impacts and evaluation of agency and public comments. After consideration of all agency and public comments received on the Draft Environmental Impact Statement (DEIS) as well as updated environmental data, the Grand Parkway Association, in coordination with TxDOT and FHWA, selected a Preferred Alternative Alignment. It was determined after careful review of the DEIS comments that the Recommended Alternative Alignment as presented in the DEIS be carried forward as the Preferred Alternative Alignment. The preferred build alternative that has emerged from the study was proposed on the basis of its ability to best facilitate the project's Need and Purpose while minimizing impacts to the natural, physical, and social environments. The Preferred Build Alternative Alignment begins and terminates at the same location as Alternatives A and B, and is 12.03 miles in length. The preferred alternative alignment for Segment F-1 would require the acquisition of new ROW (616 acres), the adjustment of utility lines, and the filling of aquatic resources including jurisdictional wetlands (28.68 acres). The Preferred Alignment as presented in the FEIS would displace three residential properties. No business displacements would occur, and no archeological sites, historic properties, or endangered species are expected to be affected.
Copies of the FEIS and other information about the project may be obtained at the Texas Department of Transportation's Houston District Office at the previously mentioned address. For further information, please contact David Gornet at (713) 965-0871 or Pat Henry, P.E. at (713) 802-5241. Copies of the FEIS may also be reviewed at the offices of the Grand Parkway Association, located at 4544 Post Oak Place, Suite 222, Houston, Texas; at the Grand Parkway Association website, www.grandpky.com ; at the Houston Public Library, Central Branch, 500 McKinney, Houston, Texas; at the Harris County Public Library, Tomball Branch, 30555 Tomball Parkway, Tomball, Texas; and at the Harris County Public Library, Northwest Branch, 11355 Regency Green Drive, Cypress, Texas.
TRD-200802857
Joanne Wright
Deputy General Counsel
Texas Department of Transportation
Filed: June 3, 2008
Amended Notice of Request for Proposal
As an amendment to the University of Houston's Notice of Request for Proposal published in the May 23, 2008, issue of the Texas Register (33 TexReg 4253), the General Instructions section shall be amended as follows:
GENERAL INSTRUCTIONS: Submit one (1) original and five (5) copies of your proposal in a sealed envelope to: Beverly Ruffin, Office of Finance, University of Houston, 5000 Gulf Freeway, Bldg 2, Room 219, Houston, Texas 77204-0911 before 3:00 p.m. June 23, 2008. The original shall be prepared on a word processor and formatted in at least 10-point-font that is clearly readable. The copies shall be of good, readable quality.
All other terms and conditions of the Notice of Request for Proposed shall remain and are hereby unaffected.
TRD-200802808
Brian S. Nelson
Associate General Counsel/Executive Director
University of Houston
Filed: May 29, 2008
Notice of Intent to Seek Consultant Services
The University of Texas Health Science Center at Houston
In accordance with the provisions of Texas Government Code , Chapter 2254, The University of Texas Health Science Center at Houston will be seeking Invitation for Offers to hire a consultant to provide a development of branding and marketing initiative.
The President of the University of Texas Health Science Center at Houston has made a finding of fact that the consulting services are necessary. The University of Texas Health Science Center at Houston does not currently have the in-house expertise to complete this project.
An award will be made to the proposer that submits the highest ranked proposal based on evaluation criteria developed by the University.
Parties interested in a copy of the Invitation for Offers should contact:
Laura Wong, C.T.P.
Purchasing Contracts Administrator
Procurement Services
The University of Texas Health Science Center at Houston
1851 Crosspoint, OCB 1.160
Houston, TX 77054
Voice: (713) 500-8056
Email: laura.wong@uth.tmc.edu
The proposal submission deadline will be Thursday, July 3, 2008 at 2:00 p.m. Central Prevailing Time.
TRD-200802887
Francie A. Frederick
General Counsel to the Board of Regents
The University of Texas System
Filed: June 4, 2008