Office of the Attorney General
Notice Regarding Private Real Property Rights Preservation Act Guidelines
In 1995, the Legislature enacted the Private Real Property Rights Preservation Act (Act), Texas Government Code Chapter 2007. As required by the Act, the Office of the Attorney General prepared guidelines to assist governmental entities in identifying and evaluating those governmental actions that might result in a taking of private real property. The guidelines were first published in the January 12, 1996, issue of the Texas Register (21 TexReg 387). The Act requires that the Office of the Attorney General review the guidelines at least annually and revise them as necessary. The guidelines are available at www.oag.state.tx.us/AG_Publications/txts/propertyguide2005.shtml. The most recent revision was published in the November 25, 2005, issue of the Texas Register (30 TexReg 7911).
The Office of the Attorney General has begun its annual review and invites comments, suggestions, or information on whether the guidelines are consistent with the decisions of the United States and Texas supreme courts from June 1, 2007 through June 30, 2008. Any comments must be submitted no later than 30 days from publication of this notice. Please address comments to Jeb Boyt, Assistant Attorney General, Environmental Protection and Administrative Law Division, Office of the Attorney General, P.O. Box 12548, Austin, Texas 78701-2548, or at jeb.boyt@oag.state.tx.us or via facsimile at (512) 320-0167. The Office of the Attorney General will review any comments submitted and will later publish notice of any revisions to the guidelines.
TRD-200900316
Stacey Napier
Deputy Attorney General
Office of the Attorney General
Filed: January 27, 2009
Notice is hereby given by the State of Texas of the following proposed resolution of an environmental enforcement lawsuit under the Texas Solid Waste Disposal Act and the Texas Water Code. Before the State may settle an environmental enforcement action under the Texas Solid Waste Disposal Act and the Texas Water Code, the State shall permit the public to comment in writing on the proposed judgment. The Attorney General will consider any written comments and may withdraw or withhold consent to the proposed agreed judgment if the comments disclose facts or considerations that indicate that the consent is inappropriate, improper, inadequate, or inconsistent with the requirements of the Texas Water Code.
Case Title and Court: Houston Industries, Inc. v. Texas Commission on Environmental Quality v. Commercial Metals Company and Jack B. Hensley, Cause No. 98-01946, in the 353rd Judicial District Court, Travis County, Texas.
Nature of Suit: As early as the 1960's, the Site located at 3603 Jensen Drive, Houston, Texas, was operated as a scrap metal salvage yard. The Texas Commission on Environmental Quality determined after investigation, that Houston Industries, Inc. sold used electrical transformers to Commercial Metals Company, who then arranged to have the Site's operator(s) reclaim certain metals from the transformers. The operator(s) of the Site would then open the transformers, allowing the cooling fluids to leak onto the ground. The cooling fluids contained several heavy metals as well as poly-chlorinated biphenyls. The State of Texas excavated and contained the contaminated soils in a sealed landfill on-site. On-site monitoring wells are in place and will require periodic monitoring to ensure contamination does not spread.
Proposed Agreed Judgment: The Agreed Final Judgment orders Houston Industries, Inc. and Commercial Metals Company to pay the State $1.5 million in clean-up cost reimbursement, and pay attorney's fees to the State in the amount of $100,000. Houston Industries, Inc. and Commercial Metals Company will continue periodic monitoring and maintenance of the Site.
For a complete description of the proposed settlement, the complete proposed Agreed Final Judgment should be reviewed. Requests for copies of the judgment, and written comments on the proposed settlement, should be directed to Anthony W. Benedict, Assistant Attorney General, Office of the Texas Attorney General, P.O. Box 12548, Austin, Texas 78711-2548, (512) 463-2012, facsimile (512) 320-0911. Written comments must be received within 30 days of publication of this notice to be considered.
For more information regarding this publication, contact Cindy Hodges, Agency Liaison, at (512) 936-1841.
TRD-200900334
Stacey Napier
Deputy Attorney General
Office of the Attorney General
Filed: January 27, 2009
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 02/02/09 - 02/08/09 is 18% for Consumer1 /Agricultural/Commercial2/credit through $250,000.
The weekly ceiling as prescribed by §303.003 and §303.009 for the period of 02/02/09 - 02/08/09 is 18% for Commercial over $250,000.
1Credit for personal, family or household use.
2Credit for business, commercial, investment or other similar purpose.
TRD-200900311
Leslie L. Pettijohn
Commissioner
Office of Consumer Credit Commissioner
Filed: January 26, 2009
Official Notice for Election Places 1, 2 and 7 on the Board of Directors
Persons interested in filing for positions on the Board of Directors of Region 16 Education Service Center, an organization that provides educational services to 63 school districts and two charter schools in the north 26 counties of the Texas Panhandle, may do so at the office of the Executive Director (5800 Bell Street, Amarillo, Texas) during regular office hours (8:00 a.m. to 5:00 p.m.) Monday through Thursday, (8:00 a.m. to 4:00 p.m.) Friday, beginning Monday, February 2, 2009. Deadline for filing is Friday, February 20, 2009, at 5:00 p.m.
Interested persons may file in person or, upon request, may receive a filing form by mail with the return by certified mail postmarked no later than 5:00 p.m., February 20, 2009. Phone: (806) 677-5015; Mailing address: 5800 Bell Street, Amarillo, Texas 79109-6230.
The Board of Directors shall be elected by place. The following places (by counties) that are up for election are described as follows:
Place 1 - Counties of Armstrong, Briscoe, Carson, Donley, Randall, and Swisher
Place 2 - Counties of Castro, Deaf Smith, and Parmer
Place 7 - Counties of Childress, Collingsworth, Gray, Hall, and Wheeler
To hold the office of an Education Service Center Board of Director, one must:
Be a United States of America citizen;
Be at least 18 years of age; and
Be a resident of the region served and of the geographic area included in the place designated outlined above.
To hold the office of Board member, one may not:
Be engaged professionally in education; or
Be a member of a board of any educational agency or institution.
Should there be an uncontested election; the Region 16 Education Service Center Board has determined that no election will be held.
TRD-200900340
John Bass
Executive Director
Education Service Center, Region 16
Filed: January 28, 2009
Request for Applications Concerning Dropout Prevention Mini-Grants
Eligible Applicants. The Texas Education Agency (TEA) is requesting applications under Request for Applications (RFA) #701-09-111 from school districts, open-enrollment charter schools, and nonprofit agencies.
Description. The purpose of the grant is to build the capacity of the grantee to mobilize people and resources to identify and implement creative solutions to address the issues of dropout prevention and high school completion. Grant funds must be used for projects that build capacity for dropout prevention through one or more of the following objectives: (1) increasing public awareness of the dropout crisis; (2) securing commitment for integrated collaboration between the business, community, and school sectors; (3) engaging schools and providing exposure to strengthen and support their efforts to help disadvantaged youth graduate from high school; (4) identifying and inspiring local leadership to get involved in community-school initiatives; and (5) developing local community action plans to address the dropout crisis.
Dates of Project. The Dropout Prevention Mini-Grants will be implemented during the 2008 - 2009 school year. Applicants should plan for a starting date of no earlier than May 1, 2009, and an ending date of no later than September 30, 2009.
Project Amount. Funding will be provided for approximately five projects. Each project will receive a maximum of $2,000. This project is funded by TEA to address the issues of dropout prevention and high school completion.
Selection Criteria. Applications will be selected based on the ability of each applicant to carry out all requirements contained in the RFA. Reviewers will evaluate applications based on the overall quality and validity of the proposed grant programs and the extent to which the applications address the primary objectives and intent of the project. Applications must address each requirement as specified in the RFA to be considered for funding. TEA reserves the right to select from the highest-ranking applications those that address all requirements in the RFA.
TEA is not obligated to approve an application, provide funds, or endorse any application submitted in response to this RFA. This RFA does not commit TEA to pay any costs before an application is approved. The issuance of this RFA does not obligate TEA to award a grant or pay any costs incurred in preparing a response.
Requesting the Application. Due to the high cost of printing and mailing RFAs, they will no longer be available in print. The announcement letter and complete RFA will be posted on the TEA website at http://burleson.tea.state.tx.us/GrantOpportunities/forms for viewing and downloading. In the "Select Search Options" box, select the name of the RFA from the drop-down list. Scroll down to the "Application and Support Information" section to view all documents that pertain to this RFA.
Further Information. For clarifying information about the RFA, contact Kathy Mihalik, Division of Discretionary Grants, Texas Education Agency, (512) 463-9269. In order to assure that no prospective applicant may obtain a competitive advantage because of acquisition of information unknown to other prospective applicants, any information that is different from or in addition to information provided in the RFA will be provided only in response to written inquiries. Copies of all such inquiries and the written answers thereto will be posted on the TEA website in the format of Frequently Asked Questions (FAQs) at http://burleson.tea.state.tx.us/GrantOpportunities/forms. In the "Select Search Options" box, select the name of the RFA from the drop-down list. Scroll down to the "Application and Support Information" section to view all documents that pertain to this RFA.
Deadline for Receipt of Applications. Applications must be received in the TEA Document Control Center by 5:00 p.m. (Central Time), Thursday, March 26, 2009, to be eligible to be considered for funding.
TRD-200900325
Cristina De La Fuente-Valadez
Director, Policy Coordination
Texas Education Agency
Filed: January 27, 2009
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 March 9, 2009 . 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) 239-2545 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 March 9, 2009. 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: Bayer MaterialScience LLC; DOCKET NUMBER: 2008-1546-AIR-E; IDENTIFIER: RN100209931; LOCATION: Baytown, Chambers County; TYPE OF FACILITY: chemical manufacturing plant; RULE VIOLATED: 30 Texas Administrative Code (TAC) §116.115(c) and §122.143(4), Air Permit Number O-02100, Special Terms and Conditions (STC) Number 7, Air Permit Number 2035A, Special Condition (SC) Number 7C, and Texas Health and Safety Code (THSC), §382.085(b), by failing to maintain incinerator exit temperature at or above 1,600 degrees Fahrenheit; PENALTY: $2,130; ENFORCEMENT COORDINATOR: Nadia Hameed, (713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1452, (713) 767-3500.
(2) COMPANY: Bethany-Hearne Water Supply Corporation; DOCKET NUMBER: 2008-1653-PWS-E; IDENTIFIER: RN101203180; LOCATION: Robertson County; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.43(e), by failing to provide an intruder-resistant fence; 30 TAC §290.46(f)(2), by failing to keep water system records on file and make them available for commission review; and 30 TAC §290.46(i), by failing to adopt an adequate plumbing ordinance, regulations, or a service agreement with provisions for proper enforcement; PENALTY: $154; ENFORCEMENT COORDINATOR: Tel Croston, (512) 239-5717; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.
(3) COMPANY: Chevron Phillips Chemical Company LP; DOCKET NUMBER: 2008-1262-AIR-E; IDENTIFIER: RN100825249; LOCATION: Old Ocean, Brazoria County; TYPE OF FACILITY: chemical manufacturing plant; RULE VIOLATED: 30 TAC §§101.20(3), 116.715(c), and 122.143(4), Federal Operating Permit (FOP) Number O-2151, STC Number 16, New Source Review (NSR) Permit Number 22690/PSD-TX-751M1, SC Number 1, and THSC, §382.085(b), by failing to maintain an emission rate below the allowable annual limit for nitrogen oxides (NOx) and carbon monoxide (CO); 30 TAC §§101.20(3), 116.715(c), and 122.143(4), FOP Number O-2151, STC Number 16, NSR Permit Number 22690/PSD-TX-751M1, SC Number 1, and THSC, §382.085(b), by failing to maintain an emission rate below the allowable maintenance, start-up, and shutdown rolling 12-month average for NOx and CO; 30 TAC §122.143(4) and §122.145(2)(A), FOP Number O-2151, General Terms and Conditions (GTC), and THSC, §382.085(b), by failing to disclose a deviation within the deviation reporting period; 30 TAC §101.20(3) and §116.715(c), NSR Permit Number 22690/PSD-TX-751M1, SC Number 1, and THSC, §382.085(b), by failing to prevent unauthorized emissions; and 30 TAC §101.20(1) and (3) and §116.715(c), 40 Code of Federal Regulations (CFR) §60.18(c)(2), NSR Permit Number 22690/PSD-TX-751M1, SC Numbers 1 and 15, and THSC, §382.085(b), by failing to prevent unauthorized emissions; PENALTY: $52,879; Supplemental Environmental Project (SEP) offset amount of $21,152 applied to Houston-Galveston AERCO's Clean Cities/Clean Vehicles Program; ENFORCEMENT COORDINATOR: James Nolan, (512) 239-6634; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1452, (713) 767-3500.
(4) COMPANY: Chevron Phillips Chemical Company LP; DOCKET NUMBER: 2008-1457-AIR-E; IDENTIFIER: RN103919817; LOCATION: Baytown, Harris County; TYPE OF FACILITY: chemical manufacturing plant; RULE VIOLATED: 30 TAC §116.115(c), Air Permit Number 2462C, SC Number 1, and THSC, §382.085(b), by failing prevent unauthorized emissions; PENALTY: $8,500; ENFORCEMENT COORDINATOR: Rebecca Johnson, (361) 825-3100; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1452, (713) 767-3500.
(5) COMPANY: Coke County Water Supply Corporation; DOCKET NUMBER: 2008-1669-PWS-E; IDENTIFIER: RN101220820; LOCATION: Coke County; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.109(c)(2)(A)(ii) and (F), and (3)(A)(ii), and THSC, §341.033(d), by failing to collect routine distribution coliform samples, by failing to collect at least five routine distribution coliform samples, and by failing to collect a set of repeat distribution coliform samples; PENALTY: $2,160; SEP offset amount of $2,160 applied to Texas Association of Resource Conservation and Development Areas, Inc. ("RC&D") - Unauthorized Trash Dump Clean-Up; ENFORCEMENT COORDINATOR: Christopher Keffer, (512) 239-5610; REGIONAL OFFICE: 622 South Oakes, Suite K, San Angelo, Texas 76903-7035, (325) 655-9479.
(6) COMPANY: City of Crowell; DOCKET NUMBER: 2008-0991-MWD-E; IDENTIFIER: RN101612380; LOCATION: Crowell, Foard County; TYPE OF FACILITY: wastewater treatment plant; RULE VIOLATED: 30 TAC §305.65 and §305.125(2) and the Code, §26.121(a), by failing to maintain authorization for the discharge of wastewater; PENALTY: $12,600; SEP offset amount of $10,080 applied to RC&D - Unauthorized Trash Dump Clean-Up; ENFORCEMENT COORDINATOR: Steve Villatoro, (512) 239-4930; REGIONAL OFFICE: 1977 Industrial Boulevard, Abilene, Texas 79602-7833, (325) 698-9674.
(7) COMPANY: Dream Enterprises, Inc. dba Gibby's Food Store; DOCKET NUMBER: 2008-1591-PST-E; IDENTIFIER: RN101984094; LOCATION: Houston, Harris County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §115.245(2) and THSC, §382.085(b), by failing to verify proper operation of the Stage II equipment; and 30 TAC §115.242(1)(C) and THSC, §382.085(b), by failing to upgrade the Stage II equipment to onboard refueling vapor recovery compatible systems; PENALTY: $4,296; ENFORCEMENT COORDINATOR: Rajesh Acharya, (512) 239-0577; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1452, (713) 767-3500.
(8) COMPANY: E. I. du Pont de Nemours and Company; DOCKET NUMBER: 2008-1571-AIR-E; IDENTIFIER: RN100216035; LOCATION: Nederland, Jefferson County; TYPE OF FACILITY: industrial organic chemicals plant; RULE VIOLATED: 30 TAC §116.115(c), NSR Permit Number 4351, SC Number 1, and THSC, §382.085(b), by failing to comply with permitted emissions limits; PENALTY: $5,450; ENFORCEMENT COORDINATOR: Terry Murphy, (512) 239-5025; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1830, (409) 898-3838.
(9) COMPANY: Flowers Baking Company of Tyler, LLC; DOCKET NUMBER: 2008-1762-AIR-E; IDENTIFIER: RN100218221; LOCATION: Tyler, Smith County; TYPE OF FACILITY: bread baking; RULE VIOLATED: 30 TAC §122.143(4) and §122.146(2), FOP Number O-02759, GTC, and THSC, §382.085(b), by failing to submit an annual permit compliance certification (PCC); PENALTY: $1,925; ENFORCEMENT COORDINATOR: John Muennink, (361) 825-3100; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3734, (903) 535-5100.
(10) COMPANY: Guillermo Garcia, Jr.; DOCKET NUMBER: 2008-1697-WOC-E; IDENTIFIER: RN104188313; LOCATION: Agua Dulce, Nueces County; TYPE OF FACILITY: water operator; RULE VIOLATED: 30 TAC §30.381(b) and §30.5(a), the Code, §37.003, and THSC, §341.034(b), by failing to obtain a valid public water system operator license; PENALTY: $680; ENFORCEMENT COORDINATOR: Christopher Keffer, (512) 239-5610; REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5839, (361) 825-3100.
(11) COMPANY: City of Groesbeck; DOCKET NUMBER: 2008-1663-MWD-E; IDENTIFIER: RN101918944; LOCATION: Groesbeck, Limestone County; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), Texas Pollutant Discharge Elimination System (TPDES) Permit Number WQ0010182001, Interim Effluent Limitations and Monitoring Requirements Number 1, and the Code, §26.121(a)(1), by failing to comply with the ammonia nitrogen permit limits; PENALTY: $2,580; SEP offset amount of $2,064 applied to RC&D - Abandoned Tire Clean-Up; ENFORCEMENT COORDINATOR: Pamela Campbell, (512) 239-4493; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.
(12) COMPANY: James Hall; DOCKET NUMBER: 2008-1614-WOC-E; IDENTIFIER: RN105577894; LOCATION: Thornton, Limestone County; TYPE OF FACILITY: water operator; RULE VIOLATED: 30 TAC §§30.5(a), 30.331(b), and 30.381(b), the Code, §37.003, and THSC, §341.034(b), by failing to obtain a valid public water system and wastewater treatment operator license; PENALTY: $1,491; ENFORCEMENT COORDINATOR: Carlie Konkol, (361) 825-3100; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.
(13) COMPANY: Huntsman Petrochemical Corporation; DOCKET NUMBER: 2008-1586-AIR-E; IDENTIFIER: RN100219252; LOCATION: Port Neches, Jefferson County; TYPE OF FACILITY: synthetic organic chemical plant; RULE VIOLATED: 30 TAC §116.115(c) and §122.143(4), NSR Permit Number 5972A, SC Number 1, FOP Number O-01320, SC Number 13, and THSC, §382.085(b), by failing to prevent unauthorized emissions; 30 TAC §116.115(b)(2)(F) and (c) and §122.143(4), NSR Permit Number 5952A, SC Number 1, FOP Number O-01320, GTC, SC Number 13, and THSC, §382.085(b), by failing to prevent unauthorized emissions; 30 TAC §116.115(c) and §122.143(4), NSR Permit Number 36646, SC Number 18, FOP Number O-01320, SC Number 13, and THSC, §382.085(b), by failing to conduct volatile organic compound (VOC) monitoring on the wastewater conveyance; 30 TAC §116.115(c) and §122.143(4), NSR Permit Number 19823, SC Number 9(A), FOP Number O-02288, SC Number 16, and THSC, §382.085(b), by failing to conduct monitoring of the carbon absorption system; 30 TAC §116.115(c) and §122.143(4), NSR Permit Number 5952A, SC Number 1, FOP Number O-01320, SC Number 13, and THSC, §382.085(b), by failing to prevent unauthorized emissions; 30 TAC §116.115(c) and §122.143(4), NSR Permit Number 19823, SC Number 1, FOP Number O-02288, SC Number 16, and THSC, §382.085(b), by failing to prevent unauthorized emissions; 30 TAC §101.201(a)(1)(B) and §122.143(4), FOP Number O-02288, GTC, and THSC, §382.085(b), by failing to notify the TCEQ regional office within 24 hours of a reportable emissions event; 30 TAC §116.115(b)(2)(F) and (c) and §122.143(4), FOP Number O-01320, GTC, SC Number 13, NSR Permit Number 5952A, SC Number 1, and THSC, §382.085(b), by failing to prevent unauthorized emissions; and 30 TAC §116.115(b)(2)(F) and (c) and §122.143(4), FOP Number O-01320, GTC, SC Number 13, NSR Permit Number 5952A, SC Number 1, and THSC, §382.085(b), by failing to prevent unauthorized emissions; PENALTY: $117,715; SEP offset amount of $47,086 applied to Jefferson County: Retrofit/Replacement of Heavy Equipment and Vehicles with Alternative Fueled Equipment and Vehicles; ENFORCEMENT COORDINATOR: Raymond Marlow, (409) 898-3838; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1830, (409) 898-3838.
(14) COMPANY: Hyman Farm Service, LLC; DOCKET NUMBER: 2008-1423-AIR-E; IDENTIFIER: RN105477863; LOCATION: Hearne, Robertson County; TYPE OF FACILITY: portable pipe reactor used for fertilizer manufacturing; RULE VIOLATED: THSC, §382.085(a) and (b), by failing to prevent ammonia emissions; and 30 TAC §116.110(a) and THSC, §382.085(b) and §382.0518(a), by failing to have authorization to operate a source of air emissions; PENALTY: $6,150; ENFORCEMENT COORDINATOR: Terry Murphy, (512) 239-5025; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.
(15) COMPANY: KM Liquids Terminals, LLC; DOCKET NUMBER: 2008-1588-AIR-E; IDENTIFIER: RN100224815; LOCATION: Pasadena, Harris County; TYPE OF FACILITY: petroleum liquids storage terminal; RULE VIOLATED: 30 TAC §116.115(c), Air Permit Number 5171, SC Number 1, and THSC, §382.085(b), by failing to prevent unauthorized emissions; PENALTY: $10,000; SEP offset amount of $5,000 applied to Houston-Galveston AERCO's Clean Cities/Clean Vehicles Program; ENFORCEMENT COORDINATOR: Roshondra Lowe, (713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1452, (713) 767-3500.
(16) COMPANY: Mark Vasquez dba Maverick $1.50 Cleaners; DOCKET NUMBER: 2008-1198-MLM-E; IDENTIFIER: RN100618552; LOCATION: San Antonio, Bexar County; TYPE OF FACILITY: dry cleaning; RULE VIOLATED: 30 TAC §335.9(a)(2), by failing to submit to the TCEQ a complete and correct annual waste summary; 30 TAC §335.69(f)(4) and 40 CFR §§265.32, 265.34(a), and 265.37, by failing to equip the facility with emergency control equipment, by failing to have a designated emergency coordinator for the facility, by failing to post the following information by the telephone at the facility: the name of the emergency coordinator, the location of emergency equipment, and the local fire departments telephone number, by failing to ensure that all employees are thoroughly familiar with proper waste handling and emergency procedures, by failing to offer immediate access to an internal alarm or emergency communication device, and by failing to make arrangements with local authorities; 30 TAC §335.62 and 40 CFR §262.11, by failing to conduct hazardous waste determinations for waste; 30 TAC §335.10(d)(1) and 40 CFR §262.23(a), by failing to properly maintain complete waste manifests for dry cleaning waste; 30 TAC §337.11(e) and THSC, §374.102, by failing to renew the facility's registration by submitting the required registration form; 30 TAC §337.20(e)(3)(A), by failing to install a dike or other secondary containment structure around each dry cleaning unit and around each storage area for dry cleaning solvents, dry cleaning waste, or dry cleaning wastewater; and 30 TAC §337.20(d)(2) and 40 CFR §63.322(o)(1) and §63.324(3), by failing to keep records for the inspection of the dry cleaning system for vapor leaks; PENALTY: $9,337; ENFORCEMENT COORDINATOR: Danielle Porras, (512) 239-2602; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.
(17) COMPANY: Mine Service, Ltd.; DOCKET NUMBER: 2008-1894-AIR-E; IDENTIFIER: RN102607561; LOCATION: Waco, McLennan County; TYPE OF FACILITY: rock crusher; RULE VIOLATED: 30 TAC §116.110(4) and THSC, §382.085(b), by failing to meet the conditions of a permit by rule for a rock crusher; PENALTY: $2,000; ENFORCEMENT COORDINATOR: Bryan Elliott, (512) 239-6162; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.
(18) COMPANY: Minsa Corporation; DOCKET NUMBER: 2008-1497-MLM-E; IDENTIFIER: RN102597200; LOCATION: Muleshoe, Bailey County; TYPE OF FACILITY: grain processing; RULE VIOLATED: 30 TAC §290.46(d)(2)(A) and §290.110(b)(4), by failing to maintain a minimum disinfectant residual of 0.2 milligram per liter free chlorine; 30 TAC §290.46(e)(4)(A) and THSC, §341.033(a), by failing to operate the facility under the direct supervision of a water works operator with a Class "D" or higher license; 30 TAC §290.41(c)(3)(K), by failing to properly seal the wellhead with a gasket or sealing compound; 30 TAC §290.41(c)(3)(M), by failing to provide a sampling tap on the discharge pipe of the well pump; 30 TAC §290.41(c)(3)(N), by failing to provide a flow measuring device; 30 TAC §290.41(c)(3)(O), by failing to maintain an intruder-resistant fence; 30 TAC §290.46(m), by failing to maintain the good working condition and general appearance of the water system's facilities and equipment; 30 TAC §290.46(f)(3)(D)(ii), by failing to maintain records of the annual inspections performed on the facility's two pressure tanks; 30 TAC §290.44(h)(1)(A), by failing to provide proper backflow prevention at locations within the distribution system where actual or potential contamination hazards exist; and 30 TAC §281.25(a)(4) and 40 CFR §122.26(a)(ii), by failing to obtain authorization for storm water discharges associated with industrial activity; PENALTY: $4,545; ENFORCEMENT COORDINATOR: Rebecca Clausewitz, (210) 490-3096; REGIONAL OFFICE: 5012 50th Street, Suite 100, Lubbock, Texas 79414-3426, (806) 796-7092.
(19) COMPANY: Mira Vista, Inc.; DOCKET NUMBER: 2008-1796-WQ-E; IDENTIFIER: RN104682257; LOCATION: Abilene, Taylor County; TYPE OF FACILITY: residential construction site; RULE VIOLATED: 30 TAC §281.25(a)(4), 40 CFR §122.26(a), and TPDES General Permit Number TXR15S820, Part III, Section F.2(a)(ii) and 2(c)(i)(B), by failing to properly install and maintain storm water structural controls according to the manufacturer's specifications and install storm water structural controls at all down slope boundaries of the construction site; and 30 TAC §281.25(a)(4), 40 CFR §122.26(a), and TPDES General Permit Number TXR15S820, Part III, Section F.6(d), by failing to remove accumulations of sediment transported from the construction site; PENALTY: $2,000; ENFORCEMENT COORDINATOR: Tom Jecha, (512) 239-2576; REGIONAL OFFICE: 1977 Industrial Boulevard, Abilene, Texas 79602-7833, (325) 698-9674.
(20) COMPANY: Pasadena Refining System, Inc.; DOCKET NUMBER: 2008-1554-AIR-E; IDENTIFIER: RN100716661; LOCATION: Pasadena, Harris County; TYPE OF FACILITY: petroleum refinery; RULE VIOLATED: 30 TAC §101.393(b), by failing to hold the required levels of highly-reactive VOC allowances; PENALTY: $4,975; ENFORCEMENT COORDINATOR: Samuel Short, (512) 239-5363; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1452, (713) 767-3500.
(21) COMPANY: PNS SHELL, INC.; DOCKET NUMBER: 2008-1429-PST-E; IDENTIFIER: RN101900173; LOCATION: Houston, Harris County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §115.245(2) and THSC, §382.085(b), by failing to verify proper operation of the Stage II equipment; PENALTY: $2,971; ENFORCEMENT COORDINATOR: Wallace Myers, (512) 239-6580; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1452, (713) 767-3500.
(22) COMPANY: David Lloyd dba Prairieview Dairy; DOCKET NUMBER: 2008-1597-AGR-E; IDENTIFIER: RN101608230; LOCATION: Godley, Johnson County; TYPE OF FACILITY: dairy; RULE VIOLATED: 30 TAC §321.39(b) and TPDES Concentrated Animal Feeding Operation (CAFO) General Permit Number TXG920503, Part III.A.9(a)(1), by failing to ensure that the required capacity in the retention control structure (RCS) is available to contain rainfall and rainfall runoff from the required rainfall event; 30 TAC §321.39(c)(2) and TPDES CAFO General Permit Number TXG920503, Part IV.B.3, by failing to provide written notification to the TCEQ ten days before a RCS cleaning is scheduled and written verification within five days after the cleaning has been completed; and 30 TAC §321.38(e)(2) and TPDES CAFO General Permit Number TXG920503, Part III.A.6(a)(1), by failing to have a licensed Texas professional engineer re-certify a modified RCS prior to use; PENALTY: $6,420; ENFORCEMENT COORDINATOR: Lauren Smitherman, (512) 239-5223; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(23) COMPANY: RIYAAN & NOORAIN ENTERPRISES, INC. dba Country Mart; DOCKET NUMBER: 2008-1612-PST-E; IDENTIFIER: RN104087762; LOCATION: Bastrop, Bastrop County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §115.221 and §115.222(3) and THSC, §382.085(b), by failing to comply with the control requirements for emission limitation; 30 TAC §115.221 and §115.222(6) and THSC, §382.085(b), by failing to ensure that each vapor balance system vent line is equipped with a pressure-relief valve set to open at a pressure of no more than eight ounces per square inch; 30 TAC §334.49(a) and the Code, §26.3475(d), by failing to provide proper corrosion protection for the underground storage tank (UST) system; and 30 TAC §334.8(c)(5)(C), by failing to ensure that a legible tag, label, or marking with the tank number is permanently applied upon or affixed to either the top of the fill tube or to a nonremovable point in the immediate area of the fill tube for each regulated UST; PENALTY: $7,500; ENFORCEMENT COORDINATOR: Michael Pace, (817) 588-5800; REGIONAL OFFICE: 2800 South IH 35, Suite 100, Austin, Texas 78704-5700, (512) 339-2929.
(24) COMPANY: City of Rosebud; DOCKET NUMBER: 2007-1390-MWD-E; IDENTIFIER: RN101918423; LOCATION: Falls County; TYPE OF FACILITY: wastewater treatment plant; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number 10731001, Effluent Limitations and Monitoring Requirements Numbers 1 and 2, and the Code, §26.121(a)(1), by failing to comply with permitted effluent limits for total suspended solids (TSS) and total chlorine; PENALTY: $4,260; SEP offset amount of $3,408 applied to performing an erosion control project at three locations in Falls County and repair or replace sanitary sewer service lines, cleanouts, and caps on approximately three residences of low income homeowners in Falls County; ENFORCEMENT COORDINATOR: Heather Brister, (254) 751-0335; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.
(25) COMPANY: City of Roscoe; DOCKET NUMBER: 2007-1815-MWD-E; IDENTIFIER: RN101917581; LOCATION: Roscoe, Nolan County; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(5) and §317.4(j)(9) and TCEQ Permit Number WQ0010263001, Special Provisions Numbers 3 and 7, by failing to adequately maintain the treatment facility; 30 TAC §305.125(1) and TCEQ Permit Number WQ0010263001, Special Provisions Number 10, by failing to post "DO NOT DRINK WATER" signs; 30 TAC §319.7(a)(5), by failing to document compliance with quality assurance/quality control requirements for pH analysis; 30 TAC §305.125(1) and (5) and TCEQ Permit Number WQ0010263001, Special Provisions Number 3, by failing to annually calibrate the irrigation meter; 30 TAC §305.125(1) and TCEQ Permit Number WQ0010263001, Special Provisions Number 6, by failing to record and maintain the amount of effluent irrigated; and 30 TAC §305.125(1) and TCEQ Permit Number WQ0010263001, Special Provisions Number 4, by failing to prevent ponding on the irrigation site; PENALTY: $6,300; ENFORCEMENT COORDINATOR: Pamela Campbell, (512) 239-4493; REGIONAL OFFICE: 1977 Industrial Boulevard, Abilene, Texas 79602-7833, (325) 698-9674.
(26) COMPANY: Texas Department of Transportation; DOCKET NUMBER: 2008-1735-MWD-E; IDENTIFIER: RN102075918; LOCATION: Victoria County; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number WQ0012024001, Effluent Limitations and Monitoring Requirements Number 1, and the Code, §26.121(a), by failing to comply with the permitted effluent limitations for ammonia nitrogen and TSS; PENALTY: $6,380; SEP offset amount of $5,104 applied to RC&D - Water or Wastewater Treatment Assistance; ENFORCEMENT COORDINATOR: Jennifer Graves, (956) 425-6010; REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5839, (361) 825-3100.
(27) COMPANY: The Rosebud Development, Ltd.; DOCKET NUMBER: 2009-0057-WQ-E; IDENTIFIER: RN105659213; LOCATION: Ellis County; TYPE OF FACILITY: home builder; RULE VIOLATED: 30 TAC §281.25(a)(4), by failing to obtain a construction general permit; PENALTY: $700; ENFORCEMENT COORDINATOR: Melissa Keller, (512) 239-1768; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(28) COMPANY: Timpson Rural Water Supply Corporation; DOCKET NUMBER: 2008-0720-OSS-E; IDENTIFIER: RN101200111; LOCATION: Timpson, Shelby County; TYPE OF FACILITY: on-site sewage; RULE VIOLATED: 30 TAC §285.32(a)(5), by failing to install an additional two-way cleanout plus every 50 feet; 30 TAC §285.33(c)(1)(B), by failing to install an inspection port at the end of each gravel-less line and to install the gravel-less line level; and 30 TAC §285.3(d)(4) and THSC, §366.056(b), by failing to obtain approval before use of the facility; PENALTY: $570; ENFORCEMENT COORDINATOR: Pamela Campbell, (512) 239-4493; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1830, (409) 898-3838.
(29) COMPANY: Vopak Logistics Services USA, Inc.; DOCKET NUMBER: 2008-1545-AIR-E; IDENTIFIER: RN100223007; LOCATION: Deer Park, Harris County; TYPE OF FACILITY: waste collection; RULE VIOLATED: 30 TAC §122.143(4) and §122.146(2), FOP Number O-01637, GTC, and THSC, §382.085(b), by failing to submit a PCC; and 30 TAC §122.143(4) and §122.145(2)(C), FOP Number O-01637, GTC, and THSC, §382.085(b), by failing to submit the deviation report; PENALTY: $5,825; SEP offset amount of $2,330 applied to Houston-Galveston AERCO's Clean Cities/Clean Vehicles Program; ENFORCEMENT COORDINATOR: Nadia Hameed, (713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1452, (713) 767-3500.
(30) COMPANY: Whiting Oil and Gas Corporation; DOCKET NUMBER: 2008-1733-AIR-E; IDENTIFIER: RN100236025; LOCATION: Yoakum County; TYPE OF FACILITY: oil and gas production plant; RULE VIOLATED: 30 TAC §116.615(2), FOP Number O-02425, SC Number (b)(7)(E)(ii), Standard Permit Number 47427, General Condition Number 2, and THSC, §382.085(b), by failing to prevent unauthorized emissions; and 30 TAC §101.201(a)(1) and §116.615(10) and THSC, §382.085(b), by failing to notify the TCEQ within 24 hours after discovery on Incident Number 108281; PENALTY: $1,950; ENFORCEMENT COORDINATOR: Rebecca Johnson, (361) 825-3100; REGIONAL OFFICE: 5012 50th Street, Suite 100, Lubbock, Texas 79414-3426, (806) 796-7092.
TRD-200900318
Kathleen C. Decker
Director, Litigation Division
Texas Commission on Environmental Quality
Filed: January 27, 2009
The Texas Commission on Environmental Quality (TCEQ) proposes to amend and renew General Permit No. TXG920000 authorizing the discharge of manure, sludge, and wastewater from concentrated animal feeding operations (CAFOs) under specific circumstances into and adjacent to water in the state. This general permit applies to the entire state of Texas. General Permits are authorized by §26.040 of the Texas Water Code.
PROPOSED GENERAL PERMIT. The Executive Director has prepared a draft renewal with amendments of an existing general permit that authorizes the discharge of manure, sludge, and wastewater from CAFOs under specific circumstances. The general permit is applicable to Texas Pollutant Discharge Elimination System (TPDES) and State-only CAFOs statewide. No significant degradation of high quality waters is expected and existing uses will be maintained.
The executive director has reviewed this action for consistency with the goals and policies of the Texas Coastal Management Program (CMP) according to Coastal Coordination Council regulations, and has determined that the action is consistent with applicable CMP goals and policies.
A copy of the proposed general permit and fact sheet are available for viewing and copying at the TCEQ Office of the Chief Clerk located at the TCEQ Austin Office, 12100 Park 35 Circle, Building F. These documents will also be available at the TCEQ's sixteen (16) regional offices and on the TCEQ's website at: http://www.tceq.state.tx.us/permitting/water_quality/wastewater/general/index.html.
PUBLIC COMMENT/PUBLIC MEETING. You may submit public comments about this application. In addition, the TCEQ will hold a public meeting on this general permit. A public meeting is not a contested case hearing. The purpose of a public meeting is to provide the opportunity to submit comments or to ask questions about the general permit. The public meeting will be held as follows:
March 17, 2009 at 1:00 p.m. at the TCEQ Austin Office, 12100 Park 35 Circle, Building F, Room 2210.
Written public comments must be submitted to the Office of the Chief Clerk, MC 105, TCEQ, P.O. Box 13087, Austin, Texas 78711-3087 or electronically at www.tceq.state.tx.us/about/comments.html within 30 days from the date this notice is published in the Texas Register or at the end of the public meeting, whichever is later.
APPROVAL PROCESS. After the comment period, the Executive Director will consider all the public comments and prepare a written response. The response will be filed with the TCEQ Office of the Chief Clerk at least 10 days before the scheduled Commission meeting when the Commission will consider approval of the general permit. The Commission will consider all public comment in making its decision and will either adopt the Executive Director's response or prepare its own response. The Commission will issue its written response on the general permit at the same time the Commission issues or denies the general permit. A copy of any issued general permit and response to comments will be made available to the public for inspection at the agency's Austin and regional offices. A notice of the Commissioner's action on the proposed general permit and a copy of its response to comments will be mailed to each person who made a comment. Also, a notice of the Commission's action on the proposed general permit and the text of its response to comments will be published in the Texas Register.
MAILING LIST. In addition to submitting public comments, you may request to be placed on a mailing list to receive future public notices mailed by the Office of the Chief Clerk. You may request to be added to: (1) the mailing list for this specific general permit; (2) the mailing list for a specific county; and/or (3) the mailing list for a specific applicant name and permit number. Clearly specify which list(s) to which you wish to be added and send your request to TCEQ Office of the Chief Clerk at the address above. Unless you otherwise specify, you will be included only on the mailing list for this specific general permit.
AGENCY CONTACTS AND INFORMATION. If you need more information about this general permit 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.
Further information may also be obtained by calling Laurie Fleet at (512) 239-5445.
Si desea información en Español, puede llamar al 1-800-687-4040.
TRD-200900317
LaDonna Castañuela
Chief Clerk
Texas Commission on Environmental Quality
Filed: January 27, 2009
The Texas Commission on Environmental Quality (TCEQ or commission) announces the availability of the draft January 2009 Update to the Water Quality Management Plan for the State of Texas (draft WQMP update).
The Water Quality Management Plan (WQMP) is developed and promulgated in accordance with the requirements of federal Clean Water Act, §208. The draft WQMP update includes projected effluent limits of indicated domestic dischargers useful for water quality management planning in future permit actions. Once the commission certifies a WQMP update, the update is submitted to the United States Environmental Protection Agency (EPA) for approval. For some Texas Pollutant Discharge Elimination System (TPDES) permits, the EPA's approval of a corresponding WQMP update is a necessary precondition to TPDES permit issuance by the commission. The draft WQMP update may contain service area populations for listed wastewater treatment facilities, designated management agency information and total maximum daily load (TMDL) updates.
A copy of the January 2009 draft WQMP update may be found on the commission's web site located at http://www.tceq.state.tx.us/nav/eq/eq_wqmp.html . A copy of the draft may also be viewed at the TCEQ Library, Building A, 12100 Park 35 Circle, Austin, Texas.
Written comments on the draft WQMP update may be submitted to Nancy Vignali, Texas Commission on Environmental Quality, Water Quality Division, MC 150, P.O. Box 13087, Austin, Texas 78711-3087. Comments may also be faxed to (512) 239-4420, but must be followed up with the submission and receipt of the written comments within three working days of when they were faxed. Written comments must be submitted no later than 5:00 p.m. on March 9, 2009. For further information or questions, please contact Ms. Vignali at (512) 239-1303 or by e-mail at nvignali@tceq.state.tx.us.
TRD-200900322
Robert Martinez
Director, Environmental Law Division
Texas Commission on Environmental Quality
Filed: January 27, 2009
The purpose of the meeting is to obtain public input and information concerning proposal of the facility to the state registry of Superfund sites, the identification of potentially responsible parties and the proposal of non-residential land use.
The Texas Commission on Environmental Quality (TCEQ or commission) is required under the Texas Solid Waste Disposal Act, Health and Safety Code, Chapter 361, as amended (the Act), to annually publish a state registry that identifies facilities that may constitute an imminent and substantial endangerment to public health and safety or the environment due to a release or threatened release of hazardous substances into the environment. The most recent registry listing of these facilities was published in the October 10, 2008, issue of the Texas Register (33 TexReg 8608).
Pursuant to the Act, §361.184(a), the commission must publish a notice of intent to list a facility on the state registry of state Superfund sites in the Texas Register and in a newspaper of general circulation in the county in which the facility is located. With this publication, the commission hereby gives notice of a facility that the executive director has determined eligible for listing, and which the executive director proposes to list on the state registry. By this publication, the commission also gives notice pursuant to the Act, §361.1855, that it proposes a land use other than residential as appropriate for the facility identified. The commission proposes a commercial/industrial land use designation. Determination of appropriate land use may impact the remedial investigation and remedial action for Camtraco Enterprises, Inc. (the Site). The TCEQ is proposing a land use designation of commercial/industrial based on the existing land use of the property, as is prescribed in the Texas Risk Reduction Program rule at 30 TAC §350.53.
This publication also specifies the general nature of the potential endangerment to public health and safety or the environment as determined by information currently available to the executive director. This notice of intent to list this facility will also be published on February 11, 2009, in the Pearland Reporter News.
The facility proposed for listing is the Site, located at 18823 Amoco Drive in Pearland, Brazoria County, Texas. The geographic coordinates of the Site are Latitude 29 degrees 30 minutes 15.36 seconds North and Longitude 95 degrees 16 minutes 12.96 seconds West. The description of the Site is based on information available at the time the Site was evaluated with the Hazard Ranking System (HRS). The HRS is the principal screening guide used by the commission to evaluate potential, relative risk to public health and the environment from releases or threatened releases of hazardous substances. The Site description may change as additional information is gathered on the sources and extent of contamination.
Texas Health and Safety Code, §361.184(a) requires that the notice of intent to list the facility specify "... the general nature of the potential endangerment to public health and safety or the environment as determined by information available to the executive director at the time...". The Site is identified as a 3.577 acre site located at 18823 Amoco Drive in Pearland, Brazoria County, Texas and was operated as a fuel storage and fuel blending/distillation facility. The blending/distillation operations employed six 18,000 gallon tanks, seven 10,000 gallon tanks, one 36,000 gallon tank and one 2,000 gallon underground storage tank (UST). The Site also accepted barge cleaning wastes. Several investigations were conducted by various regulatory agencies during the active life of the facility as a result of complaints from nearby residents. Investigations identified evidence of on-site spills, air violations, and buried drums. The Site has been inactive since 1992 and is presently abandoned. The access to the Site is restricted by a fence and locked gate.
In February 2005, the TCEQ began to routinely collect samples from private residential water wells within a 1/2-mile radius of the Site. Observed releases of volatile and inorganic constituents are documented by chemical analysis of drinking water samples.
In May 2005, the TCEQ began conducting sampling events on-site and off-site. Sampling of the on-site and off-site soil and groundwater detected chemicals, including, arsenic, barium, chromium, lead, mercury, bis(2-ethylhexyl)adipate, bis(2-ethylhexyl)phthalate, diethyl phthalate, di-n-butyl phthalate, methylene chloride, 1,4 dichromobenzene, toluene, and trichloroethene (TCE).
In August 2005, the TCEQ conducted a Removal Action (RA) at the Site. The RA consisted of removal and demolition of 14 aboveground storage tanks (ASTs) from the tank farm and removal of one UST. The tank farm was constructed on a flat concrete slab with a soil berm surrounding the tank farm. The sampling and analysis of the tank contents revealed the presence of benzene, 2-butanone, tetrachloroethene and 1,1,1-trichloroethane.
During the removal of the UST, staining and odor were noted in the surrounding soil. It was also noted that the bottom of the UST developed a hole due to corrosion. Analytical data of the soil collected from the UST basin indicated presence of acetone, tetracholoethene, 1,1-dichloroethene, methyl tert-butyl ether (MTBE), and toluene. To determine vertical extent of soil contamination, four soil borings were advanced to 12 feet below the UST basin. Analysis of the soil samples collected from soil borings indicated the presence of acetone, trichloroethene, cis-1,2-dichloroethene, MTBE, and vinyl chloride between a depth of four feet to ten feet. The contaminated soil was excavated and a total of 3,600 cubic yards of contaminated soil was transported for off-site disposal at Waste Management's Coastal Plain Landfill in Alvin, Texas.
In November 2005, in order to determine the extent of soil contamination, five direct push soil borings were advanced to a depth of 20 feet in a contaminated area 30 feet west and north of the former UST basin. Subsurface soil samples collected from the borings documented presence of trichloroethene, and cis-1,2-dichloroethene. In an effort to investigate the potential releases to the groundwater TCEQ installed six monitor wells on-site in May 2006; these wells have been routinely monitored since installation. The chemicals detected in the groundwater include trichloroethene, cis-1,2-dichloroethene, 2-butanone, MTBE, acetone and toluene.
A public meeting will be held March 19, 2009, at 7:00 p.m., at the Pearland Junior High South, located at 4719 Bailey Road, Pearland, Texas 77584. The purpose of this meeting is to obtain additional information regarding the Site relative to its eligibility for listing on the state Registry, identify additional potentially responsible parties, and obtain public input and information regarding the appropriate use of land on which the facility that is the subject of this notice is located. The public meeting is not a contested case hearing under the Texas Administrative Procedure Act (Texas Government Code, Chapter 2001).
All persons desiring to make comments may do so prior to or at the public meeting. All comments submitted prior to the public meeting must be received by 5:00 p.m., on March 18, 2009 and should be sent in writing to Mr. Subhash C. Pal, P.E., Texas Commission on Environmental Quality, Remediation Division, MC 136, P.O. Box 13087, Austin, Texas 78711-3087 or by facsimile at (512) 239-2450. The public comment period for this action will end at the close of the public meeting on March 19, 2009.
A portion of the record for this Site, including documents pertinent to the executive director's determination of eligibility, is available for review at the Pearland Library, located at 3522 Liberty Drive, Pearland, Texas 77581, during regular business hours. Copies of the complete public record file may be obtained during regular business hours or at the commission's Records Management Center, Building E, First Floor, Records Customer Service, MC 199, Austin, Texas 78753, telephone number (800) 633-9363 or (512) 239-2920. Photocopying of file information is subject to payment of a fee. Parking is available for persons with disabilities on the east side of Building D, convenient to access ramps that are between Buildings D and E.
For further information about this Site or the public meeting, please call Crystal Taylor, TCEQ Community Relations, at (800) 633-9363. Information is also available regarding the state Superfund program at www.tceq.state.tx.us/remediation/superfund/index.html.
TRD-200900332
Kathleen C. Decker
Director, Litigation Division
Texas Commission on Environmental Quality
Filed: January 27, 2009
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 March 9, 2009. 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 March 9, 2009. 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: 5D Drilling & Pump Service, Inc. dba Davenport Drilling and Pump Service; DOCKET NUMBER: 2008-0743-MLM-E; TCEQ ID NUMBER: RN105455596; LOCATION: 10293 Farm-to-Market (FM) Road 1560 North, San Antonio, Bexar County; TYPE OF FACILITY: water well drilling operation; RULES VIOLATED: 30 TAC §327.3, by failing to notify TCEQ as soon as possible, but not later than 24 hours after the discovery of the spill or discharge; 30 TAC §327.5 and §335.4 and TWC, §26.121, by failing to immediately abate and contain the spill or discharge and prevent an unauthorized discharge of industrial solid waste; 30 TAC §330.15, by failing to dispose of municipal solid waste at an approved facility; 30 TAC §111.201 and Texas Health and Safety Code (THSC), §382.085(b), by allowing outdoor burning without authorization from the TCEQ or meeting an exemption to the prohibition; 30 TAC §334.127(a), by failing to register with the TCEQ aboveground storage tanks containing a petroleum product; and 30 TAC §213.4(a)(1), by failing to submit and obtain approval of an Edwards Aquifer Protection Plan prior to conducting regulated activities within the Edwards Aquifer Transition Zone; PENALTY: $11,426; STAFF ATTORNEY: Benjamin Thompson, Litigation Division, MC 175, (512) 239-1297; REGIONAL OFFICE: San Antonio Regional Office, 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.
(2) COMPANY: Bosque County; DOCKET NUMBER: 2007-1844-MSW-E; TCEQ ID NUMBER: RN104575873; LOCATION: intersection of FM Road 56 and County Road 3440, approximately two miles east of Cayote, Bosque County; TYPE OF FACILITY: maintenance facility; RULES VIOLATED: 30 TAC §330.15(c), by failing to prevent the unauthorized disposal of municipal solid waste at the facility; PENALTY: $3,150; STAFF ATTORNEY: Barham A. Richard, Litigation Division, MC 175, (512) 239-0107; REGIONAL OFFICE: Waco Regional Office, 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.
(3) COMPANY: Brian Fabre dba Fay Ben Mobile Home Park; DOCKET NUMBER: 2007-0972-PWS-E; TCEQ ID NUMBER: RN101247328; LOCATION: 7346 County Road 6100, Shallowater, Lubbock County; TYPE OF FACILITY: public water system; RULES VIOLATED: 30 TAC §290.121(a), by failing to maintain an up-to-date chemical and microbiological monitoring plan; 30 TAC §290.46(v), by failing to install all water system electrical wiring in accordance with local or national electrical codes; 30 TAC §290.46(t), by failing to post a legible sign displaying the name of the water supply and an emergency telephone number where a responsible official can be contacted at each production, treatment, and storage facility; 30 TAC §290.46(m)(4), by failing to maintain all water treatment units, storage and pressure maintenance facilities, distribution system lines, and related appurtenances in a water-tight condition; and 30 TAC §290.41(c)(3), by failing to meet the construction, disinfection, protection, and testing requirements prior to placing a public water supply well into service; PENALTY: $1,612; STAFF ATTORNEY: Laurencia Fasoyiro, Litigation Division, R-12, (713) 422-8914; REGIONAL OFFICE: Lubbock Regional Office, 5012 50th Street, Suite 100, Lubbock, Texas 79414-3520, (806) 796-7092.
(4) COMPANY: City of El Paso; DOCKET NUMBER: 2005-0994-PST-E; TCEQ ID NUMBER: RN100250091; LOCATION: 700 San Francisco Avenue, El Paso, El Paso County; TYPE OF FACILITY: public transportation facility; RULES VIOLATED: 30 TAC §334.50(b)(1)(A), (2)(A)(i)(III), and (d)(1)(B)(ii), and TWC, §26.3475(a) and (c)(1), by failing to monitor underground storage tanks (UST) and associated piping for releases at a frequency of at least once every month (not to exceed 35 days between each monitoring); 30 TAC §334.10(b), by failing to provide legible copies of all required records pertaining to a UST system for inspection by commission personnel; 30 TAC §334.8(c)(5)(C), by failing to ensure that a legible tag, label, or marking with the UST identification number is permanently applied upon or affixed to either the top of the fill tube or to a non-removable point in the immediate area of the fill tube according to the UST registration and self-certification form; and 30 TAC §334.72(3) and §334.74, by failing to report a suspected release to the TCEQ within 24 hours of the discovery, and failing to immediately investigate and confirm all suspected releases of regulated substances within 30 days; PENALTY: $73,980; STAFF ATTORNEY: Xavier Guerra, Litigation Division, MC R-13, (210) 403-4016; REGIONAL OFFICE: El Paso Regional Office, 401 East Franklin Avenue, Suite 560, El Paso, Texas 79901-1212, (915) 834-4949.
(5) COMPANY: Diamond Shamrock Refining Company, L.P.; DOCKET NUMBER: 2007-0314-AIR-E; TCEQ ID NUMBER: RN100210517; LOCATION: 6701 FM 119, Sunray, Moore County; TYPE OF FACILITY: petroleum refinery; RULES VIOLATED: 40 Code of Federal Regulations (CFR) §60.105(c), THSC, §382.085(b), and 30 TAC §101.20(1), by failing to record the Fluid Catalytic Cracking Unit (FCCU) coke burn-off rate and hours of operation; THSC, §382.085(b), 30 TAC §101.20(3) and §116.715(a), and New Source Review Flexible Permit 9708/PSD-TX-861M2, Special Condition Number 8(B), by failing to operate the Main Refinery Flare (EPN FL-1) with a pilot flame present at all times and with an automatic re-ignition system; 40 CFR §60.663(b)(2), THSC, §382.085(b), and 30 TAC §101.20(1), by failing to operate the Main Refinery Flare (EPN FL-1) with a flow indicator that provides a record of vent stream flow to the flare at least once every hour; PENALTY: $30,750; Supplemental Environmental Project (SEP) offset amount of $15,375 applied to Texas Association of Resource Conservation and Development Areas, Inc. (RC&D) - Unauthorized Trash Dump Clean Up; STAFF ATTORNEY: Anna Cox, Litigation Division, MC 175, (512) 239-0974; REGIONAL OFFICE: Amarillo Regional Office, 3918 Canyon Drive, Amarillo, Texas 79109-4933, (806) 353-9251.
(6) COMPANY: Lehigh Cement Company; DOCKET NUMBER: 2007-1345-AIR-E; TCEQ ID NUMBER: RN100218254; LOCATION: 100 South Wickson Road, Woodway, McLennan County; TYPE OF FACILITY: cement manufacturing plant; RULES VIOLATED: 30 TAC §122.146(1) and §122.145(2) and THSC, §382.085(b), by failing to submit annual compliance certifications and associated deviation reports; 30 TAC §§101.20(3), 116.115(c), 112.143(4), and 122.145(1)(A), THSC, §382.085(b), New Source Review Permit Number 9399/PSD-TX-624, Special Condition Number 13, and Federal Operating Permit Number O-1035, Special Condition Number 7, by failing to submit Continuous Emission Monitoring System Excess Emission reports; 30 TAC §101.20(1), 40 CFR §60.63, and THSC, §382.085(b), by failing to conduct monthly visual opacity emission readings; 30 TAC §113.690 and §122.143(4), 40 CFR §63.1344(a), THSC §382.085(b), and Federal Operating Permit Number O-1035, Special Condition Number 1D, by failing to comply with the exhaust gas temperature standard; 30 TAC §117.3120(a) (previously 30 TAC §117.283(a)) and THSC, §382.085(b), by failing to comply with nitrogen oxide limits currently under a State Implementation Plan; 30 TAC §117.3120(c) (previously 30 TAC §117.283(c)) and THSC, §382.085(b), by failing to submit a State Implementation Plan Annual Emission Reports. PENALTY: $209,100; SEP offset amount of $104,550 applied to Texas Congress of Parents and Teacher d/b/a Texas Parent Teacher Association (PTA) - Texas PTA Clean School Buses; STAFF ATTORNEY: Anna Cox, Litigation Division, MC 175, (512) 239-0974; REGIONAL OFFICE: Waco Regional Office, 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.
(7) COMPANY: Maria A. Beltran dba 1017 Cafe; DOCKET NUMBER: 2007-1803-PWS-E; TCEQ ID NUMBER: RN102679461; LOCATION: San Isidro, Starr County; TYPE OF FACILITY: public water system; RULES VIOLATED: 30 TAC §290.109(f)(3) and §290.122(b)(2)(B) and THSC, §341.031(a), by failing to post public notice of exceeding the total coliform maximum contaminant level; 30 TAC §290.109(c)(2)(F) and §290.122(c)(2)(B), by failing to collect and submit at least five routine water samples during the months following a total coliform positive sample result and by failing to provide public notification of the failure to collect water samples; and 30 TAC §290.109(c)(2)(A)(i) and §290.122(c)(2)(B) and THSC, §341.033(d), by failing to collect and submit monthly water samples for bacteriological analysis for the months of February and May 2007 and by failing to provide public notification of the failure to collect water samples in February 2007; PENALTY: $2,500; STAFF ATTORNEY: Tammy Mitchell, Litigation Division, MC 175, (512) 239-0736; REGIONAL OFFICE: Harlingen Regional Office, 1804 West Jefferson Avenue, Harlingen, Texas 78550-5247, (956) 425-6010.
(8) COMPANY: Messer Construction Company, Inc.; DOCKET NUMBER: 2007-1331-AIR-E; TCEQ ID NUMBER: RN105240550; LOCATION: 5 1/2 miles south of the intersection of United States 60 and County Road BB, Dawn, Deaf Smith County; TYPE OF FACILITY: rock crusher facility; RULES VIOLATED: 30 TAC §116.110(a) and THSC, §382.085(b) and §382.0518(a), by failing to obtain authorization to construct and operate a rock crusher; PENALTY: $50,000; STAFF ATTORNEY: Becky Combs, Litigation Division, MC 175, (512) 239-6939; REGIONAL OFFICE: Amarillo Regional Office, 3918 Canyon Drive, Amarillo, Texas 79109-4933, (806) 353-9251.
(9) COMPANY: Muhammad Altaf dba Country Food Store; DOCKET NUMBER: 2005-0200-PST-E; TCEQ ID NUMBER: RN101444941; LOCATION: 754 Highway 96, Buna, Jasper County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.72(3)(A), by failing to report to the TCEQ within 24 hours a suspected release indicated by monitoring results associated with vapor monitoring; 30 TAC §334.74(1)(A), by failing to conduct an investigation and confirmation steps within 30 days of discovery of a suspected release; 30 TAC §334.48(c), by failing to conduct inventory control; 30 TAC §334.8(c)(5)(C), by failing to permanently tag or label each UST fill tube at the facility with the number used to identify the tank on the registration and self-certification form filed with the commission; 30 TAC §334.50(b)(2)(A)(i)(III), by failing to perform an annual performance test on the line leak detectors; PENALTY: $19,500; STAFF ATTORNEY: Xavier Guerra, Litigation Division, MC R-13, (210) 403-4016; REGIONAL OFFICE: Beaumont Regional Office, 3870 Eastex Freeway, Beaumont, Texas 77703-1830, (409) 898-3838.
(10) COMPANY: Wayne Moerman dba XXX Dairy; DOCKET NUMBER: 2007-0957-AGR-E; TCEQ ID NUMBER: RN102586773; LOCATION: State Highway 16 approximately 2.5 miles south of the intersection of State Highway 16 and United States Highway 67/377, Comanche County; TYPE OF FACILITY: dairy farm; RULES VIOLATED: 30 TAC §321.37(d) and §321.36(k) and Concentrated Animal Feeding Operation (CAFO) General Permit Number TXG920040 Parts II.A, III.A.9(a)(4), and V.D., by failing to properly design, construct, operate, and maintain retention control structures to contain and prevent discharges of manure, litter, or wastewater from a CAFO production area; 30 TAC §§321.46(a)(4), 321.34(f)(3), and 321.38(e)(3), (2), and (g)(3)(E), and CAFO General Permit Number TXG920040 Parts III.A.3, and III.A.6(a)(1), 6(a)(2), and 6(b), by failing to revise the pollution prevention plan before operation of a new control facilities; 30 TAC §321.36(j)(4) and CAFO General Permit Number TXG920040 Part IV.B.1(d), by failing to include total manure, litter, and wastewater transferred to other persons in the Annual Report; PENALTY: $1,600; STAFF ATTORNEY: Jennifer Cook, Litigation Division, MC 175, (512) 239-1873; REGIONAL OFFICE: Abilene Regional Office, 1977 Industrial Boulevard, Abilene, Texas 79602-7833, (325) 698-9674.
TRD-200900320
Kathleen C. Decker
Director, Litigation Division
Texas Commission on Environmental Quality
Filed: January 27, 2009
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 March 9, 2009. 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 March 9, 2009. 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: Hector Silva, Sr.; DOCKET NUMBER: 2008-0377-PST-E; TCEQ ID NUMBER: RN101737773; LOCATION: 604 West Comal Street, Pearsall, Frio County; TYPE OF FACILITY: underground storage tanks; RULES VIOLATED: 30 TAC §334.6, by failing to provide written notification to the agency at least 30 days prior to initiating the construction activities; and 30 TAC §334.47(a)(2) and §334.55(b) and TCEQ Agreed Order Docket Number 2004-1776-PST-E, Ordering Provision Number 2.a.i, by failing to comply with permanent removal from service requirements for underground storage tanks and by failing to permanently remove from service; PENALTY: $111,800; STAFF ATTORNEY: Barham A. Richard, Litigation Division, MC 175, (512) 239-0107; REGIONAL OFFICE: San Antonio Regional Office, 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.
(2) COMPANY: Hong Nguyen dba Lee Dry Cleaners III; DOCKET NUMBER: 2008-1130-DCL-E; TCEQ ID NUMBER: RN104096680; LOCATION: 12803 Homestead Road, Houston, Harris County; TYPE OF FACILITY: operates a retail commercial establishment; RULES VIOLATED: 30 TAC §337.11(e), Texas Health and Safety Code (THSC), §374.102, and TCEQ Default Order Docket Number 2006-1159-DCL-E, Ordering Provision 2.a, by failing to renew the facility's registration by completing and submitting the required registration form to the TCEQ for a dry cleaning drop station; and 30 TAC §337.14(c), Texas Water Code (TWC), §5.702, and TCEQ Default Order, Docket Number 2006-1159-DCL-E, Ordering Provision 1, by failing to pay outstanding dry cleaner fees and associated late fees for TCEQ Financial Account Number 24002069 and by failing to pay the administrative penalty for TCEQ Default Order Docket Number 2006-1159-DCL-E, Account Number 23800529; PENALTY: $1,950; STAFF ATTORNEY: Rebecca Combs, Litigation Division, MC 175, (512) 239-6939; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Street, Suite H, Houston, Texas 77023, (713) 767-3500.
(3) COMPANY: WW Cattle Feeds, Inc.; DOCKET NUMBER: 2007-0775-WQ-E; TCEQ ID NUMBER: RN100756931; LOCATION: 6391 Old Agnes Road, Poolville, Parker County; TYPE OF FACILITY: livestock feed processing facility; RULES VIOLATED: 30 TAC §281.25(a)(4) and 40 Code of Federal Regulations §122.26(c), by failing to obtain authorization to discharge stormwater associated with an industrial activity to water in the State through an individual permit or multi-sector general permit; PENALTY: $3,640; STAFF ATTORNEY: Rebecca Combs, Litigation Division, MC 175, (512) 239-6939; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(4) COMPANY: Webera, Inc. dba Max Dry Clean Super Store; DOCKET NUMBER: 2008-1264-DCL-E; TCEQ ID NUMBER: RN104992847; LOCATION: 9911 Lake June Road, Dallas, Dallas County; TYPE OF FACILITY: dry cleaning facility; RULES VIOLATED: 30 TAC §337.11(e) and THSC, §374.102(a) and TCEQ Commission Order Docket Number 2006-0997-DCL-E Ordering Provision 2.a, by failing to complete and submit the required registration renewal form to the TCEQ for a dry cleaning drop station facility; and 30 TAC §337.14(c) and TWC, §5.702 and TCEQ Commission Order Docket Number 2006-0997-DCL-E Ordering Provisions 1 and 2.b, by failing to pay outstanding administrative penalty for TCEQ Financial Account Numbers 23800131 and 24002173 and dry cleaner fees; PENALTY: $3,606; STAFF ATTORNEY: Tammy Mitchell, Litigation Division, MC 175, (512) 239-0736; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
TRD-200900321
Kathleen C. Decker
Director, Litigation Division
Texas Commission on Environmental Quality
Filed: January 27, 2009
The Texas Commission on Environmental Quality (commission) staff is providing an opportunity for written public comment on the listed Shutdown/Default Order (S/DO). Texas Water Code (TWC), §26.3475 authorizes the commission to order the shutdown of any underground storage tank (UST) system found to be noncompliant with release detection, spill and overfill prevention, and/or, after December 22, 1998, cathodic protection regulations of the commission, until such time as the owner/operator brings the UST system into compliance with those regulations. The commission proposes a Shutdown Order after the owner or operator of a UST facility fails to perform required corrective actions within 30 days after receiving notice of the release detection, spill and overfill prevention, and/or, after December 22, 1998, cathodic protection violations documented at the facility. The commission proposes a Default Order when the staff has sent an executive director's preliminary report and petition (EDPRP) to an entity outlining the alleged violations; the proposed penalty; and the proposed technical requirements necessary to bring the entity back into compliance; and the entity fails to request a hearing on the matter within 20 days of its receipt of the EDPRP or requests a hearing and fails to participate at the hearing. In accordance with TWC, §7.075, this notice of the proposed order and the opportunity to comment is published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is March 9, 2009. The commission will consider any written comments received and the commission may withdraw or withhold approval of a S/DO if a comment discloses facts or considerations that indicate that consent to the proposed S/DO is inappropriate, improper, inadequate, or inconsistent with the requirements of the statutes and rules within the commission's jurisdiction, or the commission's orders and permits issued in accordance with the commission's regulatory authority. Additional notice of changes to a proposed S/DO is not required to be published if those changes are made in response to written comments.
A copy of the proposed S/DO is available for public inspection at both the commission's central office, located at 12100 Park 35 Circle, Building A, 3rd Floor, Austin, Texas 78753, (512) 239-3400 and at the applicable regional office listed as follows. Written comments about the S/DO shall be sent to the attorney designated for the S/DO at the commission's central office at P.O. Box 13087, MC 175, Austin, Texas 78711-3087 and must be received by 5:00 p.m. on March 9, 2009. Written comments may also be sent by facsimile machine to the attorney at (512) 239-3434. The commission attorneys are available to discuss the S/DOs and/or the comment procedure at the listed phone numbers; however, comments on the S/DOs shall be submitted to the commission in writing.
(1) COMPANY: Almeda, Inc. dba Downtown Tiger Mart; DOCKET NUMBER: 2006-1727-PST-E; TCEQ ID NUMBER: RN102532801; LOCATION: 2111 Fannin Street, Houston, Harris County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 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 underground storage tanks (USTs); 30 TAC §334.50(b)(1)(A) and Texas Water Code (TWC), §26.3475(c)(1), by failing to monitor USTs for releases at a frequency of at least once per month (not to exceed 35 days between each monitoring); 30 TAC §334.50(d)(1)(B)(iii)(I) and TWC, §26.3475(c)(1), by failing to record inventory volume measurement for regulated substance inputs, withdrawals, and the amount still remaining in the tank each operating day; 30 TAC §334.48(c), by failing to conduct effective manual or automatic inventory control procedures for all USTs involved in the retail sale of petroleum substances as a motor fuel; 30 TAC §334.8(c)(5)(B)(ii), by failing to timely renew a previously issued TCEQ delivery certificate by submitting a properly completed UST registration and self-certification form at least 30 days before the expiration date of the delivery certificate; and 30 TAC §334.8(c)(5)(A)(i) and TWC, §26.3467(a), by failing to make available to a common carrier a valid, current TCEQ delivery certificate before accepting delivery of a regulated substance into the USTs at the facility; PENALTY: $55,080; 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.
TRD-200900319
Kathleen C. Decker
Director, Litigation Division
Texas Commission on Environmental Quality
Filed: January 27, 2009
The following notices were issued during the period of January 14, 2009 through January 23, 2009.
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
CITY OF AMHERST has applied for a renewal of Permit No. WQ0010118001, which authorizes the disposal of treated domestic wastewater at a daily average flow not to exceed 122,000 gallons per day via surface irrigation of 32 acres of non-public access pasture land. This permit will not authorize a discharge of pollutants into waters in the State. The wastewater treatment facility and disposal site are located northeast of Amherst, approximately 0.5 mile east and 0.75 mile north of the intersection of Farm-to-Market Road 37 and First Street in Lamb County, Texas.
CITY OF GAINESVILLE has applied for a new permit, Proposed Permit No. WQ0004856000, to authorize the land application of sewage sludge for beneficial use on 301 acres. This permit will not authorize a discharge of pollutants into waters in the State. The land application site is located at the City of Gainesville Municipal Airport on County Road 404, approximately 0.4 mile west of the intersection of County Road 404 and Farm-to-Market Road 1200 in Cooke County, Texas.
CITY OF LUFKIN has applied for a renewal of Permit No. WQ0004585000, which authorizes the land application of sewage sludge for beneficial use. The current permit authorizes land application of sewage sludge for beneficial use on 150 acres. This permit will not authorize a discharge of pollutants into waters in the State. The land application site is located approximately one and one-fourth miles east of the intersection of State Highway 287 and Farm-to-Market Road 325, approximately two and one-fourth miles east of the City of Lufkin in Angelina County, Texas.
CITY OF SNOOK has applied for a renewal of Texas Pollutant Discharge Elimination System (TPDES) Permit No. WQ0011430001 which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 75,000 gallons per day. The facility is located approximately 1.4 miles northeast of the intersection of Farm-to-Market Road 60 and Farm-to-Market-Road 2155 in Burleson County, Texas.
CITY OF STRAWN has applied for a renewal of TPDES Permit No. WQ0010326001, 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 at 412 Palo Pinto Avenue, approximately 500 feet east of Palo Pinto Avenue and 500 feet north of State Highway 108 on the east side of the City of Strawn in Palo Pinto County, Texas.
HFOTCO LLC which operates the Houston Fuel Oil Terminal Company, a private bulk petroleum storage facility, has applied for a major amendment to TPDES Permit No. WQ0002277000 to authorize the discharge of steam condensate via Outfall 001, the addition of a new wastewater treatment system and its associated Outfall 021. The current permit authorizes the discharge of treated storm water and facility wastewater (ballast water and boiler blowdown) on an intermittent and flow variable basis via Outfall 001. The facility is located at 16642 Jacintoport Boulevard, on the north bank of Houston Ship Channel, in the City of Houston, Harris County, Texas.
The Texas Commission on Environmental Quality's (TCEQ) Executive Director has reviewed this action for consistency with the Texas Coastal Management Program (CMP) goals and policies in accordance with the regulations of the Coastal Coordination Council, and has determined that the action is consistent with the applicable CMP goals and policies.
JOHANNES KOSTER AND DEBORAH MICHELLE KOSTER for a major amendment of, and conversion to an individual permit, TPDES Registration No. WQ0003159000, for a Concentrated Animal Feeding Operation (CAFO), to authorize the applicant to expand an existing Dairy facility from 750 head to a maximum capacity of 999 head, of which 800 head are milking cows and increase the land application acreage from 32.5 acres to 347 acres. The facility is located on the west side of the intersection of State Highway 16 and Farm-to-Market Road 2861, which is approximately five miles north of Comanche in Comanche County, Texas.
KLAAS TALSMA for a Renewal of TPDES Permit No. WQ0003145000, for a CAFO, to authorize the applicant to operate an existing Dairy facility at a maximum capacity of 2,200 head of which 2,200 head are milking cows. The facility is located on the south side of County Road 540, approximately three-tenths mile southwest from the intersection of County Road 540 and County Road 209. This intersection is located approximately four miles from the intersection of County Road 209 and US Highway 67 in Erath County, Texas.
LONG POINT ESTATES INC has applied for a renewal of TPDES Permit No. WQ0014512001 which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 30,000 gallons per day. The facility will be located 4,000 feet southwest of the intersection of Farm-to-Market Road 1994 and Farm-to-Market Road 361 in Fort Bend County, Texas.
LUMINANT GENERATION COMPANY LLC which operates Stryker Steam Electric Station (SES), a steam electric generation station, has applied for a renewal of TPDES Permit No. WQ0000946000, which authorizes the discharge of once through cooling water and previously monitored effluents (PMEs; low volume wastewater and storm water runoff via internal Outfall 101 and metal cleaning waste and low volume wastewater via internal Outfall 201) at a daily average flow not to exceed 575,000,000 gallons per day via Outfall 001. The facility is located on the west shore of Lake Striker, off of Farm-to-Market Road 2420, approximately seventeen miles east of the City of Jacksonville, Cherokee County, Texas.
PRATERS FOODS INC which operates Praters Foods, has applied for a major amendment WQ0004440000 to authorize an increase in the daily average flow from 36,000 gallons per day to 50,000 gallons per day, an increase in the irrigation area from 25 acres to 70 acres; and the addition of a new storage pond. The current permit authorizes the disposal of frozen food washwater at an annual average flow not to exceed 36,000 gallons per day. This permit will not authorize a discharge of pollutants into water in the State. This permit will not authorize a discharge of pollutants into water in the State. The facility and land application site are located approximately 0.25 miles east of the intersection of 114th Street and University Avenue; south-southeast of the City of Lubbock, Lubbock County, Texas.
RELIANT PROCESSING GROUP LLC which operates Reliant Processing-Muleshoe Facility, has applied for a major amendment to TCEQ Permit No. WQ0004811000 for a major amendment to TCEQ Permit No. WQ0004811000 to authorize an increase in the daily average flow from 4,320 gallons per day to 10,000 gallons per day; to increase the daily maximum flow from 5,000 gallons per day to 12,000 gallons per day; and to increase the hydraulic application rate to 4.63 acre-feet/acre/year. The current permit authorizes the disposal of condenser once-through cooling tower condensate at a daily average flow not to exceed 4,320 gallons per day and a daily maximum flow not to exceed 5,000 gallons per day via irrigation at a hydraulic application rate not to exceed 2.48 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 six miles west of Muleshoe on Farm-to-Market Road 1760 in the City of Muleshoe, Bailey County, Texas.
SOUTH CENTRAL WATER COMPANY applied for a new permit, proposed Texas Pollutant Discharge Elimination System (TPDES) Permit No. WQ0014833001, to authorize the discharge of treated domestic wastewater at a daily average flow not to exceed 750,000 gallons per day. TCEQ received an amended application from Aqua Water Supply Corporation, 415 Old Austin Highway, Bastrop, Texas 78602, listing it as the sole Applicant. In addition, Aqua Water Supply Corporation amended its application to reduce the daily average flow from three phases (50,000, 150,000, and 750,000 gallons per day) to two phases (50,000 and 250,000 gallons per day). The facility will be located approximately 1.25 miles north of the intersection of Old 71 and Highway 71 in Bastrop County, Texas.
SOUTHERN HORIZONS LP has applied for a new permit, proposed TPDES Permit No. WQ0014922001, to authorize the discharge of treated domestic wastewater at a daily average flow not to exceed 120,000 gallons per day. The facility will be located approximately 100 linear feet south of the intersection of Highway 59 and King Port Drive in Montgomery County, Texas.
SYNAGRO OF TEXAS CDR INC has applied for a renewal of Permit No. WQ0004451000, which authorizes the land application of sewage sludge for beneficial use. The current permit authorizes land application of sewage sludge for beneficial use on 185.27 acres. The land application site is located at near the City of Chesterville, approximately 900 feet west of the intersection of Farm-to-Market Road 2764 and Farm-to-Market Road 1093 in Colorado County, Texas.
TEXAS A&M UNIVERSITY AT GALVESTON has applied for a renewal with changes to TPDES Permit No. WQ0011085001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 300,000 gallons per day. The permittee has requested that the permitted volume be changed to a flow not to exceed a daily average flow of 200,000 gallons per day. The facility is located at Texas A&M University at Galveston (Mitchel Campus) on the east side of Seawolf Parkway near the north end of Pelican Island Causeway in the City of Galveston in Galveston County, Texas.
TRINITY RURAL WATER SUPPLY CORPORATION has applied for a new permit, proposed TPDES Permit No. WQ0014902001, to authorize the discharge of treated filter backwash effluent and clarifier blowdown from a water treatment plant at a daily average flow not to exceed 150,000 gallons per day. The facility will be located at 5004 south State Highway 19, approximately 4 miles south of Trinity in Trinity County, Texas.
UPPER LEON RIVER MUNICIPAL WATER DISTRICT has applied to the TCEQ for a renewal of TPDES Permit No. WQ0014206001, which authorizes the discharge of filter backwash water from a water treatment plant at a daily average flow not to exceed 249,000 gallons per day. The facility is located on Farm-to-Market Road 2861, 1.8 miles north of the intersection of Farm-to-Market Road 2861 and U.S. Highway 377, which is located 4.6 miles west of the City of Proctor in Comanche County, Texas.
UPPER LEON RIVER MUNICIPAL WATER DISTRICT has applied for a renewal of TPDES Permit No. WQ0014544001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 65,000 gallons per day. The facility is located approximately 300 feet south of Farm-to-Market Road 2861, near the intersection of Farm-to-Market Road 2861 and County Road 420A, and approximately 200 feet west of County Road 420A in Comanche County, Texas.
If you need more information about these permit applications or the permitting process, please call the TCEQ Office of Public Assistance, toll-free, at 1-800-687-4040. General information about the TCEQ can be found at our web site at www.tceq.state.tx.us. Si desea información en Español, puede llamar al 1-800-687-4040.
TRD-200900341
LaDonna Castañuela
Chief Clerk
Texas Commission on Environmental Quality
Filed: January 28, 2009
The State Office of Administrative Hearings (SOAH) issued a Proposal for Decision and Order to the Texas Commission on Environmental Quality (commission or TCEQ) on January 26, 2009, in the matter of the Executive Director of the Texas Commission on Environmental Quality, Petitioner v. Gloria Serenil; SOAH Docket No. 582-09-1030; TCEQ Docket No. 2007-1503-PST-E. The commission will consider the Administrative Law Judge's Proposal for Decision and Order regarding the enforcement action against Gloria Serenil on a date and time to be determined by the Office of the Chief Clerk in Room 201S of Building E, 12100 N. Interstate 35, Austin, Texas. This posting is Notice of Opportunity to Comment on the Proposal for Decision and Order. The comment period will end 30 days from date of this publication. Written public comments should be submitted to the Office of the Chief Clerk, MC-105, TCEQ, P.O. Box 13087, Austin, Texas 78711-3087. If you have any questions or need assistance, please contact Melissa Chao, Office of the Chief Clerk, (512) 239-3300.
TRD-200900342
LaDonna Castañuela
Chief Clerk
Texas Commission on Environmental Quality
Filed: January 28, 2009
The State Office of Administrative Hearings (SOAH) issued a Proposal for Decision and Order to the Texas Commission on Environmental Quality (commission or TCEQ) on January 27, 2009, in the matter of the Executive Director of the Texas Commission on Environmental Quality, Petitioner v. Kathleen Harless; SOAH Docket No. 582-09-0946; TCEQ Docket No. 2008-0402-PST-E. The commission will consider the Administrative Law Judge's Proposal for Decision and Order regarding the enforcement action against Kathleen Harless on a date and time to be determined by the Office of the Chief Clerk in Room 201S of Building E, 12100 N. Interstate 35, Austin, Texas. This posting is Notice of Opportunity to Comment on the Proposal for Decision and Order. The comment period will end 30 days from date of this publication. Written public comments should be submitted to the Office of the Chief Clerk, MC-105, TCEQ, P.O. Box 13087, Austin, Texas 78711-3087. If you have any questions or need assistance, please contact Melissa Chao, Office of the Chief Clerk, (512) 239-3300.
TRD-200900343
LaDonna Castañuela
Chief Clerk
Texas Commission on Environmental Quality
Filed: January 28, 2009
Request for Proposals #303-9-11077
The Texas Facilities Commission (TFC), on behalf of the Texas Health and Human Services Commission, announces the issuance of Request for Proposals (RFP) #303-9-11077. TFC seeks a five year lease of approximately 2,901 square feet of office space in Zapata, Texas.
The deadline for questions is February 13, 2009 and the deadline for proposals is February 20, 2009 at 3:00 p.m. The award date is March 18, 2009. TFC reserves the right to accept or reject any or all proposals submitted. TFC is under no legal or other obligation to execute a lease on the basis of this notice or the distribution of a RFP. Neither this notice nor the RFP commits TFC to pay for any costs incurred prior to the award of a grant.
Parties interested in submitting a proposal may obtain information by contacting TFC Purchaser Sandy Williams at (512) 475-0453. A copy of the RFP may be downloaded from the Electronic State Business Daily at http://esbd.cpa.state.tx.us/bid_show.cfm?bidid=80760.
TRD-200900328
Kay Molina
General Counsel
Texas Facilities Commission
Filed: January 27, 2009
Licensing Actions for Radioactive Materials
TRD-200900285
Lisa Hernandez
General Counsel
Department of State Health Services
Filed: January 23, 2009
Notification of Consulting Procurement
Pursuant to Chapter 2254, Subchapter B, Texas Government Code, the Health and Human Services Commission (HHSC) announces the release of its Request for Proposals for "Consulting Services to Provide a Study of Various Outreach and Informing Strategies" (RFP #529-09-0060). HHSC seeks to conduct court-ordered study of the reasons persons birth through age 20 enrolled in Medicaid miss checkups and the effectiveness of various strategies for outreach and informing (OI) through the procurement of consulting services in accordance with the specifications contained in this RFP.
In compliance with Frew, et al. v. Hawkins, et al., Civil Action No. 3:93CV65, Consent Decree, dated February, 1996, and CAO, dated September 5, 2007, HHSC seeks to procure court-ordered study of the reasons that Class Members miss checkups and the effectiveness of various methods for OI.
The RFP is located in full on HHSC's Business Opportunities Page link at http://www.hhsc.state.tx.us/about_hhsc/BusOpp/BO_opportunities.html. HHSC also posted notice of the procurement on the Texas Marketplace on or about February 4, 2009.
The successful contractor will be expected to complete the court-ordered study in accordance with the directives of the Frew court for independent, unbiased, statistically valid, and timely assessments identified in the CAOs and to provide evidence based recommendations to HHSC for Medicaid improvements, corrective action, strategic action, rewards and/or sanctions based on the findings of the studies.
Health and Human Services Commission's Sole Point-of-Contact for Procurement
Elizabeth Ward
Texas Health and Human Services Commission
Enterprise Contract and Procurement Services
4405 North Lamar Boulevard
Austin, Texas 78756-3422
(512) 206-5416
elizabeth.ward@hhsc.state.tx.us
All questions regarding the RFP must be sent in writing to the above-referenced contact by 5:00 p.m. Central Time on February 20, 2009. HHSC will post all written questions received with HHSC's responses on its website on March 6, 2009, or as they become available. All proposals must be received at the above-referenced address on or before 3:00 p.m. Central Time on March 25, 2009. Proposals received after this time and date will not be considered.
HHSC will hold a Vendor Conference on February 18, 2009 at 1:00 p.m. in the Lone Star Conference Room at 11209 Metric Boulevard, Building H, Austin, Texas 78758.
All proposals will be subject to evaluation based on the criteria and procedures set forth in the RFP. HHSC reserves the right to accept or reject any or all proposals submitted. HHSC is under no legal or other obligation to execute any contracts on the basis of this notice. HHSC will not pay for costs incurred by any entity in responding to this RFP.
TRD-200900305
Steve Aragón
Chief Counsel
Texas Health and Human Services Commission
Filed: January 26, 2009
Application for admission to the State of Texas by ONECIS INSURANCE COMPANY, a foreign fire and casualty company. The home office is in Downers Grove, Illinois.
Application for incorporation in the State of Texas by MOLINA HEALTHCARE OF TEXAS INSURANCE COMPANY, a domestic life company. The home office San Antonio, Texas.
Application for admission to the State of Texas by AXIS SPECIALTY INSURANCE COMPANY, a foreign fire and casualty company. The home office is in Hartford, Connecticut.
Application to change the name of THE MEDICAL ASSURANCE COMPANY, INC., to PROASSURANCE INDEMNITY COMPANY, INC., a foreign fire and casualty company. The home office is in Birmingham, Alabama.
Application to change the name of CONNIE LEE INSURANCE COMPANY to EVERSPAN FINANCIAL GUARANTEE CORP., a foreign fire and casualty company. The home office is in Madison, Wisconsin.
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-200900269
Gene C. Jarmon
General Counsel and Chief Clerk
Texas Department of Insurance
Filed: January 21, 2009
Vacancies on Board of Boiler Rules
The Texas Department of Licensing and Regulation announces two vacancies on the Board of Boiler Rules established by Texas Health and Safety Code, Chapter 755. The pertinent rules may be found in 16 TAC §65.65. The purpose of the Board of Boiler Rules is to advise the Texas Commission of Licensing and Regulation in the adoption of definitions and rules relating to the safe construction, installation, inspection, operating limits, alteration, and repair of boilers and their appurtenances.
The Board is composed of nine members appointed by the presiding officer of the Commission, with the Commission's approval. The Board consists of three members representing persons who own or use boilers in this state; three members representing companies that insure boilers in this state; one member representing boiler manufacturers or installers; one member representing organizations that repair or alter boilers in this state; and one member representing a labor union. Members serve staggered six-year terms, with the terms of three members expiring January 31 of each odd-numbered year. This announcement is for the positions of a manufacturer or installer of boilers in this state, and a member representing a company that insures boilers in this state.
Interested persons should request an application from the Texas Department of Licensing and Regulation by telephone (512) 475-4765, fax (512) 475-2874 or e-mail advisory.boards@license.state.tx.us. Applications may also be downloaded from the Department's website at: www.license.state.tx.us.
Applicants may be asked to appear for an interview; however, any required travel for an interview would be at the applicant's expense.
TRD-200900302
William H. Kuntz, Jr.
Executive Director
Texas Department of Licensing and Regulation
Filed: January 26, 2009
The Texas Department of Licensing and Regulation announces four vacancies on the Licensed Court Interpreter Advisory Board established by Texas Government Code, Chapter 57. The purpose of the Licensed Court Interpreter Advisory Board is to advise the Texas Commission of Licensing and Regulation in adopting rules and designing a licensing examination.
The Board is composed of nine members appointed by the presiding officer of the Commission, with the Commission's approval. The Board consists of an active district, county, or statutory county court judge who has been a judge for at least the three years preceding the date of appointment; an active court administrator who has been a court administrator for at least the three years preceding the date of appointment; an active attorney who has been a practicing member of the state bar for at least the three years preceding the date of appointment; three active licensed court interpreters; and three public members who are residents of this state. Members serve staggered six-year terms with the terms of one third of the members expiring on February 1, of each odd numbered year. This announcement is for the following positions: two active licensed court interpreters; and two public members who are residents of this state.
Interested persons should request an application from the Texas Department of Licensing and Regulation by telephone (512) 475-4765, fax (512) 475-2874 or e-mail advisory.boards@license.state.tx.us. Applications may also be downloaded from the Department's web site at: www.license.state.tx.us.
Applicants may be asked to appear for an interview; however, any required travel for an interview would be at the applicant's expense.
TRD-200900303
William H. Kuntz, Jr.
Executive Director
Texas Department of Licensing and Regulation
Filed: January 26, 2009
The Texas Department of Licensing and Regulation announces two vacancies on the Towing and Storage Advisory Board established by Texas Occupations Code, Chapter 2308. The purpose of the Towing and Storage Advisory Board is to advise the Texas Commission of Licensing and Regulation and the Department on technical matters relevant to the administration and enforcement of Chapter 2308, including examination content, licensing standards, and continuing education requirements.
The Board is composed of eight members appointed by the presiding officer of the Commission, with the Commission's approval. The board consists of the following members one representative of a towing company operating in a county with a population of less than one million; one representative of a towing company operating in a county with a population of one million or more; one owner of a vehicle storage facility located in a county with a population of less than one million; one owner of a vehicle storage facility located in a county with a population of one million or more; one parking facility owner; one law enforcement officer from a county with a population of less than one million; one law enforcement officer from a county with a population of one million or more; and one representative of property and casualty insurers who write automobile insurance in this state. Members serve terms of six years, with the terms of two or three members, as appropriate, expiring on February 1 of each odd-numbered year. This announcement is for the positions of a representative of property and casualty insurers who write automobile insurance in this state and one parking facility owner.
Interested persons should request an application from the Texas Department of Licensing and Regulation by telephone (512) 475-4765, fax (512) 475-2874 or e-mail advisory.boards@license.state.tx.us. Applications may also be downloaded from the Department's website at: www.license.state.tx.us.
Applicants may be asked to appear for an interview; however, any required travel for an interview would be at the applicant's expense.
TRD-200900304
William H. Kuntz, Jr.
Executive Director
Texas Department of Licensing and Regulation
Filed: January 26, 2009
The Texas Department of Licensing and Regulation announces a vacancy on the Advisory Board on Barbering established by Texas Occupations Code, Chapter 1601. The pertinent rules may be found in 16 TAC §82.65. The purpose of the Advisory Board on Barbering is to advise the Texas Commission of Licensing and Regulation and the Department on education and curricula for applicants; the content of examinations; proposed rules and standards on technical issues related to barbering; and other issues affecting barbering.
The Board is composed of five members appointed by the presiding officer of the Commission, with the Commission's approval. The Board consists of two members who are engaged in the practice of barbering as a Class A barber and do not hold a barbershop permit; two members who are barbershop owners and hold barbershop permits; and one member who holds a permit to conduct or operate a barber school. Members serve staggered six-year terms, with the terms of one or two members expiring on the same date each odd-numbered year.
This announcement is for one position of a Class A barber who does not hold a barbershop permit.
Interested persons should request an application from the Texas Department of Licensing and Regulation by telephone (512) 463-6599, fax (512) 475-2874 or e-mail advisory.boards@license.state.tx.us. Applications may also be downloaded from the Department's website at: www.license.state.tx.us.
Applicants may be asked to appear for an interview; however, any required travel for an interview would be at the applicant's expense.
TRD-200900301
William H. Kuntz, Jr.
Executive Director
Texas Department of Licensing and Regulation
Filed: January 26, 2009
The Texas Department of Licensing and Regulation announces a vacancy on the Air Conditioning and Refrigeration Contractors Advisory Board established by Texas Occupations Code, Chapter 1302. The pertinent rules may be found in 16 TAC §75.65. The purpose of the Air Conditioning and Refrigeration Contractors Advisory Board is to advise the Texas Commission of Licensing and Regulation in adopting rules, administering and enforcing this chapter, and setting fees.
The Board is composed of six members appointed by the presiding officer of the Commission, with the Commission's approval. The Board consists of one official of a municipality with a population of more than 250,000; one official of a municipality with a population of not more than 250,000; and four full-time licensed air-conditioning and refrigeration contractors, as follows: one member who holds a Class A license and practices in a municipality with a population of more than 250,000; one member who holds a Class B license and practices in a municipality with a population of more than 250,000; one member who holds a Class A license and practices in a municipality with a population of more than 25,000 but not more than 250,000; and one member who holds a Class B license and practices in a municipality with a population of not more than 25,000. At least one appointed Board member must be an air conditioning and refrigeration contractor who employs organized labor and at least two appointed members must be air conditioning and refrigeration contractors who are licensed engineers. The executive director and the chief administrator of this chapter serve as ex officio, nonvoting members of the Board. Members serve staggered six-year terms. The terms of two appointed members expire on February 1 of each odd-numbered year. This announcement is for the position of a Class B license holder who practices in a municipality with a population of not more than 25,000.
Interested persons should request an application from the Texas Department of Licensing and Regulation by telephone (512) 463-6599, fax (512) 475-2874 or e-mail advisory.boards@license.state.tx.us. Applications may also be downloaded from the Department's website at: www.license.state.tx.us.
Applicants may be asked to appear for an interview; however, any required travel for an interview would be at the applicant's expense.
TRD-200900300
William H. Kuntz, Jr.
Executive Director
Texas Department of Licensing and Regulation
Filed: January 26, 2009
The Texas Department of Licensing and Regulation announces a vacancy on the Architectural Barriers Advisory Committee established by Texas Government Code, Chapter 469. The pertinent rules may be found in 16 TAC §68.65. The purpose of the Architectural Barriers Advisory Committee is to advise the Texas Commission of Licensing and Regulation in adopting rules.
The Committee is composed of at least eight members appointed by the presiding officer of the Commission, with the Commission's approval. The Committee consists of building professionals and persons with disabilities who are familiar with architectural barrier problems and solutions. Members serve at the will of the Commission. This announcement is for the position of a building professional.
Interested persons should request an application from the Texas Department of Licensing and Regulation by telephone (512) 475-4765, fax (512) 475-2874 or e-mail advisory.boards@license.state.tx.us. Applications may also be downloaded from the Department's website at: www.license.state.tx.us.
Applicants may be asked to appear for an interview; however any required travel for an interview would be at the applicant's expense.
TRD-200900299
William H. Kuntz, Jr.
Executive Director
Texas Department of Licensing and Regulation
Filed: January 26, 2009
Instant Game Number 1153 "Weekly Grand"
1.0 Name and Style of Game.
A. The name of Instant Game No. 1153 is "WEEKLY GRAND." The play style is "multiple games."
1.1 Price of Instant Ticket.
A. Tickets for Instant Game No. 1153 shall be $2.00 per ticket.
1.2 Definitions in Instant Game No. 1153.
A. Display Printing--That area of the instant game ticket outside of the area where the Overprint and Play Symbols appear.
B. Latex Overprint--The removable scratch-off covering over the Play Symbols on the front of the ticket.
C. Play Symbol--The printed data under the latex on the front of the instant ticket that is used to determine eligibility for a prize. Each Play Symbol is printed in Symbol font in black ink in positive except for dual-image games. The possible black play symbols are: 1, 2, 3, 4, 5, 6, 7, 8, 9, $2.00, $4.00, $5.00, $10.00, $40.00, $100, $300, GRAND SYMBOL, CLOVER SYMBOL, DIAMOND SYMBOL, GOLD BAR SYMBOL, POT OF GOLD SYMBOL, MONEY BAG SYMBOL, and TOP HAT SYMBOL.
D. Play Symbol Caption--the printed material appearing below each Play Symbol which explains the Play Symbol. One caption appears under each Play Symbol and is printed in caption font in black ink in positive. The Play Symbol Caption which corresponds with and verifies each Play Symbol is as follows:
Figure 1: GAME NO. 1153 - 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 $40.00 or $300.
H. High-Tier Prize--A prize of $1,000/wk ($1,000 per week for 20 years).
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 (1153), 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: 1153-0000001-001.
K. Pack--A pack of "WEEKLY GRAND" 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 "WEEKLY GRAND" Instant Game No. 1153 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 "WEEKLY GRAND" Instant Game is determined once the latex on the ticket is scratched off to expose 15 (fifteen) play symbols. In Game 1, if YOUR NUMBER beats THEIR NUMBER in any one row across, the player will win the prize for that row. If the player reveals the GRAND symbol, the player will win $1,000 per week for 20 years. In Game 2, if the player reveals 3 matching prize amounts, the player will win that amount. If the player reveals 3 GRAND symbols, the player will win $1,000 per week for 20 years. In Game 3, if the player matches 2 out of 3 play symbols, the player will win $20 instantly. No portion of the display printing nor any extraneous matter whatsoever shall be usable or playable as a part of the Instant Game.
2.1 Instant Ticket Validation Requirements.
A. To be a valid Instant Game ticket, all of the following requirements must be met:
1. Exactly 15 (fifteen) 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 15 (fifteen) 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 15 (fifteen) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures.
17. Each of the 15 (fifteen) 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. No three or more like non-winning prize symbols on a ticket.
B. Consecutive non-winning tickets will not have identical play data, spot for spot.
C. The $300 and GRAND prize symbols will appear on every ticket unless otherwise restricted.
D. The GRAND prize symbol may only be used in Games 1 and 2.
E. Non-winning prize symbols will not match a winning prize symbol on a ticket.
F. Game 1: No ties between YOUR NUMBER play symbols and THEIR NUMBER play symbols in a row.
G. Game 1: No duplicate rows on a ticket.
H. Game 1: No duplicate non-winning prize symbols on a ticket.
I. Game 2: No 4 or more of a kind.
J. Game 3: There will never be 3 matching symbols in this game.
2.3 Procedure for Claiming Prizes.
A. To claim a "WEEKLY GRAND" Instant Game prize of $2.00, $4.00, $5.00, $10.00, $20.00, $40.00, or $300, a claimant shall sign the back of the ticket in the space designated on the ticket and present the winning ticket to any Texas Lottery Retailer. The Texas Lottery Retailer shall verify the claim and, if valid, and upon presentation of proper identification, 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, in some cases, required to pay a $40.00 or $300 ticket. In the event the Texas Lottery Retailer cannot verify the claim, the Texas Lottery Retailer shall provide the claimant with a claim form and instruct the claimant on how to file a claim with the Texas Lottery. If the claim is validated by the Texas Lottery, a check shall be forwarded to the claimant in the amount due. In the event the claim is not validated, the claim shall be denied and the claimant shall be notified promptly. A claimant may also claim any of the above prizes under the procedure described in Section 2.3.B and Section 2.3.C of these Game Procedures.
B. When claiming a "WEEKLY GRAND" Instant Game prize of $1,000 per week for 20 years, the claimant must choose one of four (4) payment options for receiving his prize:
1. Weekly via wire transfer to the claimant/winner's account. This will be similar to the current "WEEKLY GRAND" (Game 1027 and Game 827) payment process. With this plan, a payment of $1,000.00 less Federal withholding will be made once a week for 20 years. After the initial payment, installment payments will be made every Wednesday.
2. Monthly via wire transfer to the claimant/winner's account. If the claim is made during the month, the claimant/winner will still receive the entire month's payment. This will allow the flow of payments throughout the 20 years to remain the same. With this plan, a payment of $4,337.00 less Federal withholding will be made the month of the claim. Each additional month, a payment of $4,333.00 less Federal withholding will be made once a month for 20 years. After the initial payment, installment payments will be made on the first business day of each month.
3. Quarterly via wire transfer to the claimant/winner's account. If the claim is made during the quarter, the claimant/winner will still receive the entire quarter's payment. This will allow the flow of payments throughout the 20 years to remain the same. With this plan, a payment of $13,000.00 less Federal withholding will be made each quarter (four times a year) for 20 years. After the initial payment, installment payments will be made on the first business day of the first month of every quarter (January, April, July, October).
4. Annually via wire transfer to the claimant/winner's account. These payments will be made in a manner similar to how jackpot payments are currently handled. With this plan, a payment of $52,000.00 less Federal withholding will be made once a year during the anniversary month of the claim for 20 years. After the initial payment, installment payments will be made on the first business day of the anniversary month.
C. As an alternative method of claiming a "WEEKLY GRAND" Instant Game prize of $2.00, $4.00, $5.00, $10.00, $20.00, $40.00, or $300, 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 of Public Accounts, the Texas Workforce Commission, or Texas Alcoholic Beverage Commission;
2. delinquent in making child support payments administered or collected by the Office of the Attorney General; or
3. delinquent in reimbursing the Texas Health and Human Services Commission for a benefit granted in error under the food stamp program or the program of financial assistance under Chapter 31, Human Resources Code;
4. in default on a loan made under Chapter 52, Education Code; or
5. in default on a loan guaranteed under Chapter 57, Education Code.
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 "WEEKLY GRAND" 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 "WEEKLY GRAND" 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 33,600,000 tickets in the Instant Game No. 1153. 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. 1153 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. 1153, 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-200900323
Kimberly L. Kiplin
General Counsel
Texas Lottery Commission
Filed: January 27, 2009
1.0 Name and Style of Game.
A. The name of Instant Game No. 1155 is "BONUS CASHWORD." The play style is "crossword."
1.1 Price of Instant Ticket.
A. Tickets for Instant Game No. 1155 shall be $3.00 per ticket.
1.2 Definitions in Instant Game No. 1155.
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--One of the symbols which appears under the Latex Overprint on the front of the ticket. Each Play Symbol is printed in Symbol font in black ink in positive. The possible play symbols are: A, B, C, D, E, F, G, H, I, J, K, L, M, N, O, P, Q, R, S, T, U, V, W, X, Y, Z, and blackened square.
D. Play Symbol Caption--the small printed material appearing below each Play Symbol which explains the Play Symbol. One and only one of these Play Symbol Captions appears under each Play Symbol, and each 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. 1155 - 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 $3.00, $5.00, $10.00, or $20.00.
G. Mid-Tier Prize--A prize of $100 or $500.
H. High-Tier Prize--A prize of $5,000 or $35,000.
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 (1155), 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: 1155-0000001-001.
K. Pack--A pack of "BONUS CASHWORD" Instant Game tickets contain 125 tickets, which are packed in plastic shrink-wrapping and fanfolded in pages of one (1). Ticket 001 will be shown on the front of the pack; the back of ticket 125 will be revealed on the back of the pack. Every other book will reverse i.e., reverse order will be: the back of ticket 001 will be shown on the front of the pack and the front of ticket 125 will be shown on the back of the pack. All packs will be tightly shrink-wrapped. There will be no breaks between the tickets in a pack.
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 "BONUS CASHWORD" Instant Game No. 1155 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 "BONUS CASHWORD" Instant Game is determined once the latex on the ticket is scratched off to expose 141 (one hundred forty-one) possible play symbols. The player must scratch off the YOUR LETTERS and BONUS play areas. The player must use the YOUR LETTERS and the BONUS LETTERS to form words in the BONUS CASHWORD puzzle and the player wins the amount shown in the PRIZE LEGEND. There will be only one prize per ticket. Letters combined to form a complete "word" must be revealed in an unbroken horizontal (left to right) sequence or vertical (top to bottom) sequence of letters within the BONUS CASHWORD puzzle. Only letters within the BONUS CASHWORD puzzle grid that are matched with the YOUR LETTERS and BONUS LETTERS can be used to form a complete "word." In the BONUS CASHWORD puzzle, every lettered square within an unbroken horizontal or vertical sequence must be matched with the YOUR LETTERS or BONUS LETTERS to be considered a complete "word." Words within a word are not eligible for a prize. For example, all the YOUR LETTERS play symbols "S, T, O, N, E" must be revealed for this to count as one complete "word." TON, ONE or any other portion of the sequence of STONE would not count as a complete "word." A complete "word" must contain at least three letters. 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. One hundred forty-one (141) possible 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, 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;
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 141 (one hundred forty-one) possible 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 141 (one hundred forty-one) possible Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures.
17. Each of the 141 (one hundred forty-one) possible 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. Each grid will contain exactly the same amount of letters.
C. Each grid will contain exactly the same amount of words.
D. No duplicate words on a ticket.
E. All words used will be from the TEXAS APPROVED WORD LIST CASHWORD/CROSSWORD v.1.0.
F. All words will contain a minimum of 3 letters.
G. All words will contain a maximum of 9 letters.
H. The CALLER AREA is defined as the combined YOUR LETTERS and BONUS area.
I. No duplicate play symbols in the CALLER AREA.
J. There will be a minimum of 3 vowels (A, E, I, O, and U) in the CALLER AREA.
K. A minimum of 15 play symbols in the CALLER AREA will match at least one letter in the crossword grid.
L. At least one play symbol in the BONUS area will match to at least one letter in the crossword grid.
M. The presence or absence of any letter or combination of letters in the CALLER AREA will not be indicative of a winning or non-winning ticket.
N. No consonant play symbol will appear more than 9 times in the crossword grid, and no vowel will appear more than 14 times in the crossword grid.
O. Words from the TEXAS REJECTED WORD LIST v.2.0 will not appear horizontally in the YOUR LETTERS area.
P. On winning tickets, at least 1 play symbol in the BONUS area will match at least one letter in a completed word.
Q. On non-winning tickets, each crossword grid will have at least 2 completed words.
R. Each non-winning ticket will have at least 5 near wins (word with all but one letter matched).
2.3 Procedure for Claiming Prizes.
A. To claim a "BONUS CASHWORD" Instant Game prize of $3.00, $5.00, $10.00, $20.00, $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 $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 2.3.C of these Game Procedures.
B. To claim a "BONUS CASHWORD" Instant Game prize of $5,000 or $35,000, 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 "BONUS CASHWORD" 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 of Public Accounts, the Texas Workforce Commission, or Texas Alcoholic Beverage Commission;
2. delinquent in making child support payments administered or collected by the Office of the Attorney General; or
3. delinquent in reimbursing the Texas Health and Human Services Commission for a benefit granted in error under the food stamp program or the program of financial assistance under Chapter 31, Human Resources Code;
4. in default on a loan made under Chapter 52, Education Code; or
5. in default on a loan guaranteed under Chapter 57, Education Code
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 "BONUS CASHWORD" 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 "BONUS CASHWORD" 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 therefor, 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 therefor, 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 therefor. 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 30,000,000 tickets in the Instant Game No. 1155. 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.
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. 1155 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. 1155, 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-200900324
Kimberly L. Kiplin
General Counsel
Texas Lottery Commission
Filed: January 27, 2009
The Panhandle Regional Planning Commission (PRPC) seeks a vendor or vendors that can supply pre-paid fuel cards usable for the purchase of fuel by workforce development program customers at outlets in the Panhandle Workforce Development Area.
Cards must be available pre-loaded in various denominations directly from the vendor and limited to fuel purchases only.
PRPC makes no guarantees of purchases from the selected vendor(s) and reserves the right to use alternative methods to purchase fuel.
Interested vendors may obtain a copy of the solicitation packet by contacting Tony White, at (806) 372-3381, (800) 477-4562 or twhite@theprpc.org. The packet may also be picked up at PRPC's offices located at 415 West Eighth, Amarillo, Texas. The required information should be submitted to PRPC no later than February 11, 2009.
TRD-200900312
Anthony White
Workforce Development Assistant Director
Panhandle Regional Planning Commission
Filed: January 26, 2009
Notice of Application for Amendment to Certificated Service Area Boundary
Notice is given to the public of an application filed on January 7, 2009, with the Public Utility Commission of Texas for an amendment to a certificated service area boundary.
Docket Style and Number: Application of Central Telephone Company of Texas d/b/a Embarq for an Amendment to a Certificate of Convenience and Necessity to Amend the Service Area Boundary between the Rockdale Exchange of AT&T and Milano Exchange of Central Telephone. Docket Number 36567.
The Application: The minor boundary amendment is being filed to realign the boundary between the Milano exchange of Embarq and the Rockdale exchange of AT&T Texas. The amendment will transfer a portion of AT&T Texas' serving area in the Rockdale exchange to Embarq's Milano exchange. AT&T Texas has provided a letter of concurrence endorsing this proposed change.
Persons wishing to comment on the action sought or intervene should contact the Public Utility Commission of Texas by February 13, 2009, 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 36567.
TRD-200900291
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: January 23, 2009
Notice is given to the public of an application filed with the Public Utility Commission of Texas on January 23, 2009, for designation as a resale eligible telecommunications provider (R-ETP).
Docket Title and Number: Application of PNG Telecommunications, Inc. d/b/a PowerNet Global Communications for Designation as a Resale Eligible Telecommunications Provider. Docket Number 36636.
The Application: The company is requesting R-ETP designation to be eligible to receive state universal service funding to assist it in providing universal service in Texas. Pursuant to P.U.C. Substantive Rule §26.419, the commission designates qualifying common carriers as R-ETPs for service areas set forth by the commission. PNG Telecommunications, Inc. d/b/a PowerNet Global Communications seeks R-ETP designation in the service area of Texas currently served by Southwestern Bell Telephone Company d/b/a AT&T Texas. The Company holds Service Provider Certificate of Operating Authority No. 60387.
Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas by February 26, 2009. 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 1-888-782-8477. 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 1-888-782-8477. All comments should reference Docket Number 36636.
TRD-200900333
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: January 27, 2009
Notice is given to the public of an application filed with the Public Utility Commission of Texas on January 22, 2009, for designation as an eligible telecommunications carrier (ETC) and eligible telecommunications provider (ETP) pursuant to P.U.C. Substantive Rule §26.418 and §26.417, respectively.
Docket Title and Number: Application of Pathwayz Communications, Inc. for Designation as an Eligible Telecommunications Carrier and Eligible Telecommunications Provider. Docket Number 36632.
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) and P.U.C. Substantive Rule §26.417, the commission, either upon its own motion or upon request, designates qualifying common carriers as ETCs and ETPs for service areas set forth by the commission. Pathwayz Communications, Inc. seeks ETC/ETP designation in three specific, non-rural exchanges of Southwestern Bell Telephone Company d/b/a AT&T Texas identified in Exhibit 1 of its application. Pathwayz Communications, Inc. holds Service Provider Certificate of Operating Authority No. 60344.
Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas by February 26, 2009. 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 1-888-782-8477. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136 or use Relay Texas 1-800-735-2989 to reach the commission's toll free number 1-888-782-8477. All comments should reference Docket Number 36632.
TRD-200900310
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: January 26, 2009
Notice is given to the public of the filing with the Public Utility Commission of Texas of an application on January 20, 2009, for retail electric provider (REP) certification, pursuant to §§39.101 - 39.109 of the Public Utility Regulatory Act (PURA).
Docket Title and Number: Application of Infinite Energy, Inc. for REP Certification, Docket Number 36609 before the Public Utility Commission of Texas.
Applicant's requested service area by geography includes the entire State of Texas.
Persons wishing to comment upon the action sought should contact the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than February 13, 2009. 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 36609.
TRD-200900290
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: January 23, 2009
Notice is given to the public of the filing with the Public Utility Commission of Texas of an application on January 20, 2009, 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 TechMaxx, LLC for a Service Provider Certificate of Operating Authority, Docket Number 36614 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 February 11, 2009. 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 36614.
TRD-200900289
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: January 23, 2009
Notice is given to the public of the filing with the Public Utility Commission of Texas an application on January 20, 2009, for waiver of denial by the Pooling Administrator (PA) of Southwestern Bell Telephone Company d/b/a AT&T Texas' (AT&T Texas) request for assignment of one thousand-block of numbers in the 817 NPA in the Roanoke rate center.
Docket Title and Number: Petition of Southwestern Bell Telephone Company d/b/a AT&T Texas for Waiver of Denial of Numbering Resources, Docket Number 36617.
The Application: AT&T Texas submitted an application to the PA for the requested blocks in accordance with the current guidelines. The PA denied the request because AT&T Texas did not meet the months-to-exhaust and utilization criteria established by the Federal Communications Commission.
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 February 11, 2009. Hearing and speech impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136 or toll free at 1-800-735-2989. All comments should reference Docket Number 36617.
TRD-200900288
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: January 23, 2009
Notice is given to the public of Industry Telephone Company (Industry Telephone) application filed with the Public Utility Commission of Texas (commission) on January 16, 2009, for approval of a minor rate change pursuant to P.U.C. Substantive Rule §26.171.
Tariff Control Title and Number: Industry Telephone Company Statement of Intent to Implement Minor Rate Change Pursuant to P.U.C. Substantive Rule §26.171; Tariff Control Number 36606.
The Application: Industry Telephone filed an application to increase residential and business access line rates by 10%. The proposed effective date for the proposed rate changes is May 1, 2009. The estimated annual revenue increase recognized by Industry Telephone is $24,434.00 or less than 5% of Industry Telephone's gross annual intrastate revenues. Industry Telephone has 2,190 access lines (residence and business) in service in the state of Texas.
If the commission receives a complaint(s) relating to this application signed by the lesser of 5% or 1,500 of the affected local service customers to which this application applies by March 30, 2009, the application will be docketed. The 5% limitation will be calculated based upon the total number of customers of record as of the calendar month preceding the commission's receipt of the complaint(s).
Persons wishing to comment on this application should contact the Public Utility Commission of Texas by March 30, 2009. Requests to intervene should be filed with the commission's Filing Clerk at P.O. Box 13326, Austin, Texas 78711-3326, or you may call the commission at (512) 936-7120 or toll-free 1-800-735-2989. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Tariff Control Number 36606.
TRD-200900309
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: January 26, 2009
Aviation Division - Request for Proposal for Aviation Engineering Services
The City of Paris, through its agent the Texas Department of Transportation (TxDOT), intends to engage an aviation professional engineering firm for services pursuant to Government Code, Chapter 2254, Subchapter A. TxDOT Aviation Division will solicit and receive proposals for professional aviation engineering design services described below.
The following is a listing of proposed projects at the Cox Field during the course of the next five years through multiple grants.
Current Project: City of Paris. TxDOT CSJ No.: 0901PARIS. Scope: Provide engineering/design services to overlay and mark runway 17-35, rehabilitate PCC fuel pad and replace sign panels, and relocate/install MIRL RW 17-35.
The DBE/HUB goal for the current project is 4%. TxDOT Project Manager is Alan Schmidt.
Future scope work items for engineering/design services within the next five years may include but are not necessarily limited to the following:
1. Crack seal RWs, TWs, & apron
2. Reconstruct/repair TW
3. Repair pavement near Hangar D
4. Overlay & mark parallel TW A
5. Widen TW to RW 17
6. Replace VASI w/PAPI-4 RW 35
7. Install REIL RW 17-35
8. Install PAPI-4 RW 17
9. RSA improvements RW 17
10. Construct hangar
The City of Paris reserves the right to determine which of the above scope of services may or may not be awarded to the successful firm and to initiate additional procurement action for any of the services above.
To assist in your proposal preparation the criteria, 5010 drawing, project narrative, and most recent Airport Layout Plan are available online at
www.txdot.gov/avn/avninfo/notice/consult/index.htm
by selecting "Cox Field." The proposal should address a technical approach for the current scope only. Firms shall use page 4, Recent Airport Experience, to list relevant past projects for both current and future scope.
Interested firms shall utilize the latest version of Form AVN-550, titled "Aviation Engineering Services Proposal". The form may be requested from TxDOT Aviation Division, 125 East 11th Street, Austin, Texas 78701-2483, phone number, 1-800-68-PILOT (74568). The form may be emailed by request or downloaded from the TxDOT web site at
http://www.txdot.gov/business/projects/aviation.htm.
The form may not be altered in any way. All printing must be in black on white paper, except for the optional illustration page. Firms must carefully follow the instructions provided on each page of the form. Proposals may not exceed the number of pages in the proposal format. The proposal format consists of seven pages of data plus two optional pages consisting of an illustration page and a proposal summary page. Proposals shall be stapled but not bound in any other fashion. PROPOSALS WILL NOT BE ACCEPTED IN ANY OTHER FORMAT.
ATTENTION: To ensure utilization of the latest version of Form AVN-550, firms are encouraged to download Form AVN-550 from the TxDOT website as addressed above. Utilization of Form AVN-550 from a previous download may not be the exact same format. Form AVN-550 is a PDF Template.
Please note:
Six completed, unfolded copies of Form AVN-550 must be received by TxDOT Aviation Division at 150 East Riverside Drive, 5th Floor, South Tower, Austin, Texas 78704 no later than March 3, 2009 at 4:00 p.m. Electronic facsimiles or forms sent by email will not be accepted. Please mark the envelope of the forms to the attention of Delia Lopez Molina.
The consultant selection committee will be composed of local government members. The final selection by the committee will generally be made following the completion of review of proposals. The committee will review all proposals and rate and rank each. The criteria for evaluation of engineering proposals can be found at
http://www.txdot.gov/business/projects/aviation.htm.
All firms will be notified and the top rated firm will be contacted to begin fee negotiations. The selection committee does, however, reserve the right to conduct interviews of the top rated firms if the committee deems it necessary. If interviews are conducted, selection will be made following interviews.
Please contact TxDOT Aviation for any technical or procedural questions at 1-800-68-PILOT (74568). For procedural questions, please contact Delia Lopez Molina, Grant Manager. For technical questions, please contact Alan Schmidt, Project Manager.
TRD-200900345
Jack Ingram
Associate General Counsel
Texas Department of Transportation
Filed: January 28, 2009
Pursuant to Title 43, Texas Administrative Code, §2.5(e)(8)(B), the Texas Department of Transportation (department) is advising the public of the availability of the Final Environmental Impact Statement (FEIS) for the proposed construction of State Highway 99, IH 45 to US 59 (Grand Parkway Segment G) north of Houston in Harris and Montgomery Counties, Texas. Comments regarding the FEIS may be submitted via email to:
segmentgcomments@grandpky.com
or via first-class mail to The Grand Parkway Association, Attention: Segment G Comments, 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, 7600 Washington Avenue, Houston, Texas 77251 or P.O. Box 1386, Houston, Texas 77251-1386. Comments are due by 5:00 p.m. on March 16, 2009.
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 G at the corridor level (five corridors), transportation mode level (No Build, Transportation System Management Alternatives, Travel Demand Alternatives, and Modal Alternatives), and at the alignment level. The proposed action consists of the construction of a controlled access tollway from IH 45 to US 59 in Harris and Montgomery Counties, a distance ranging from 13.6 to 14.4 miles, depending on the alternative alignment considered. The proposed facility will consist of a four-mainlane controlled access tollway within a 400-foot right-of-way (ROW) width. A total of four build alternative alignments, in addition to the No-Build alternative, have been presented in the FEIS. All four build alternative alignments lie between IH 45 and US 59 in a west-east direction. Alternative Alignment A begins at IH 45 approximately 2.9 miles north of FM 2920 and is approximately 13.7 miles in length. Alternative Alignment A travels east approximately 2.5 miles, crossing the Hardy Toll Road and Spring Creek, before shifting to a northeasterly direction approximately 2.6 miles, paralleling Riley Fuzzel Road. Alternative Alignment A veers southeast 1.0 mile before traversing east approximately 2.0 miles, crossing the San Jacinto River. Alternative Alignment A heads to a northeasterly direction approximately 1.1 miles before veering east approximately 3.5 miles, crossing FM 1314 and White Oak Creek. Alternative Alignment A continues southeast approximately 1.0 mile before terminating at US 59. Alternative Alignment B begins at IH 45 approximately 0.2 miles south of IH 45 and the Hardy Toll Road interchange and is approximately 13.6 miles in length. Alternative Alignment B travels southeast along the Hardy Toll Road approximately 1.2 miles before shifting to an easterly direction approximately 1.3 miles, crossing Spring Creek. Alternative Alignment B traverses northeast with Alternative Alignment A for approximately 2.3 miles, paralleling Riley Fuzzel Road. Alternative Alignment B continues northeast approximately 1.4 miles before veering east approximately 3.6 miles, crossing the San Jacinto River. Alternative Alignment B then turns southeast approximately 0.5 mile, paralleling FM 1314. Alternative Alignment B proceeds east approximately 3.3 miles, crossing White Oak Creek and then terminating at US 59. Alternative Alignment C begins at IH 45 approximately 2.9 miles north of FM 2920 and is approximately 13.7 miles in length. Alternative Alignment C traverses east with Alternative Alignment A approximately 2.5 miles, crossing the Hardy Toll Road and Spring Creek. Shifting to a northeasterly direction approximately 2.6 miles, Alternative Alignment C parallels Riley Fuzzel Road and then heads in an easterly direction approximately 4.5 miles, crossing the San Jacinto River. Alternative Alignment C veers to the northeast approximately 1.0 mile, crossing FM 1314, before joining Alternative Alignment A in an easterly direction for approximately 1.3 miles. Alternative Alignment C traverses to the southeast approximately 0.8 mile before continuing east with Alternative Alignment B approximately 1.0 mile, crossing White Oak Creek and terminating at US 59. Alternative Alignment D begins at IH 45 approximately 2.9 miles north of FM 2920 and is approximately 14.4 miles in length. Alternative Alignment D travels east with Alternative Alignment A and Alternative Alignment C approximately 2.5 miles, crossing the Hardy Toll Road and Spring Creek. Shifting to a northeasterly direction approximately 2.6 miles, Alternative Alignment D parallels Riley Fuzzel Road and traverses approximately 2.4 miles in a northeasterly direction, crossing the San Jacinto River. Alternative Alignment D veers to the southeast approximately 2.1 miles and continues easterly 3.0 miles, crossing FM 1314. Alternative Alignment D traverses to the southeast approximately 0.8 miles before continuing east with Alternative Alignment B approximately 1.0 mile, crossing White Oak Creek and terminating at US 59.
The preferred corridor and transportation mode and the recommended alternative alignment as presented in the Draft Environmental Impact Statement (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 DEIS of 2007, coordination with landowners, as well as updated environmental data, the Grand Parkway Association (GPA), in coordination with the department and Federal Highway Administration (FHWA), selected a Preferred Alternative Alignment. It was determined that a slight shift in one area near a newly developed subdivision, Creekside Village, was necessary to avoid residential impacts. Other than the slight shift at Creekside Village, the Preferred Alternative Alignment is the Recommended Alternative Alignment as presented in the DEIS.
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 is approximately 13.7 miles long. It begins at IH 45 approximately 2.9 miles north of FM 2920. It travels east for approximately 1.7 miles, crossing the Hardy Toll Road and Spring Creek. The Preferred Alternative Alignment turns to the northeast, paralleling Riley Fuzzel Road, and continuing in this direction for approximately 5.5 miles. After crossing the West Fork of the San Jacinto River, the Preferred Alternative Alignment turns to the southeast for approximately 1.5 miles. The alignment turns slightly to head easterly for approximately 3.1 miles, passing between the Cumberland and Winchester Place subdivisions and crossing FM 1314. After passing the Timberland Estates subdivision, the Preferred Alternative Alignment turns back toward the southeast for approximately 1.9 miles until its terminus at US 59. The preferred alternative alignment for Segment G would require the acquisition of new ROW (746 acres), the adjustment of utility lines, and the filling of aquatic resources including jurisdictional wetlands (64.4 acres). The Preferred Alternative Alignment as presented in the FEIS would displace 110 residential properties and one commercial property. No archeological sites or historic properties are expected to be affected.
Copies of the FEIS may be viewed at the Grand Parkway Association website, www.grandpky.com; at the offices of the GPA or the department's Houston District (addresses previously mentioned); at the Houston Public Library, Central Branch, 500 McKinney, Houston, Texas; at the Harris County Public Library, Kingwood Branch, 4102 Rustic Woods Drive, Kingwood, Texas; at the Harris County Public Library, Baldwin Boettcher Branch, 22248 Aldine Westfield Road, Humble, Texas; at the Montgomery County Public Library, R.B. Tullis Branch, 21569 US Highway 59, New Caney, Texas; and at the Montgomery County Public Library, South Regional Branch, 2101 Lake Robbins Drive, The Woodlands, Texas. Requests for hard copies of the FEIS and other information about the project may be obtained at the GPA office or through the department's Public Information Office. For further information, please contact David Gornet, P.E. at (713) 965-0871 or Pat Henry, P.E. at (713) 802-5241.
TRD-200900329
Joanne Wright
Deputy General Counsel
Texas Department of Transportation
Filed: January 27, 2009
The Texas Department of Transportation (department) will hold a public hearing on Tuesday, February 17, 2009, at 10:00 a.m. at the Texas Department of Transportation, 200 East Riverside Drive, Room 1A-2, Austin, Texas to receive public comments on the January Out of Cycle 2009 Revisions to the Statewide Transportation Improvement Program (STIP) for FY 2008-2011. The STIP reflects the federally funded transportation projects in the FY 2008-2011 Transportation Improvement Programs (TIPs) for each Metropolitan Planning Organization (MPO) in the state. The STIP includes both state and federally funded projects for the nonattainment areas of Beaumont, Dallas-Fort Worth, El Paso, and Houston. The STIP also contains information on federally funded projects in rural areas that are not included in any MPO area, and other statewide programs as listed.
Title 23, United States Code, §134 and §135 require each designated MPO and the state, respectively, to develop a TIP as a condition to securing federal funds for transportation projects under Title 23 or the Federal Transit Act (49 USC §5301, et seq.).
Section 134(j) requires an MPO to develop its TIP in cooperation with the state and affected transportation operators, to provide an opportunity for interested parties to participate in the development of the program, and further requires the TIP to be updated at least once every four years and approved by the MPO and the Governor or Governor's designee. Section 135(g) requires the state to develop a STIP for all areas of the state in cooperation with the designated MPOs and, with respect to non-metropolitan areas, in consultation with affected local officials, and further requires an opportunity for participation by interested parties as well as approval by the Governor or the Governor's designee.
In accordance with 43 TAC §15.8(d), a copy of the proposed January Out of Cycle 2009 Revisions to the FY 2008 - 2011 STIP will be available for review, at the time the notice of hearing is published, at each of the department's district offices, at the department's Transportation Planning and Programming Division offices located in Building 118, Second Floor, 118 East Riverside Drive, Austin, Texas, and on the department's website at:
www.txdot.gov
Persons wishing to review the January Out of Cycle 2009 Revisions to the FY 2008-2011 STIP may do so online or contact the Transportation Planning and Programming Division at (512) 486-5033.
Persons wishing to speak at the hearing may register in advance by notifying Lori Morel, Transportation Planning and Programming Division, at (512) 486-5033 not later than Friday, February 13, 2009, or they may register at the hearing location beginning at 9:00 a.m. on the day of the hearing. Speakers will be taken in the order registered. Any interested person may appear and offer comments or testimony, either orally or in writing; however, questioning of witnesses will be reserved exclusively to the presiding authority as may be necessary to ensure a complete record. While any persons with pertinent comments or testimony will be granted an opportunity to present them during the course of the hearing, the presiding authority reserves the right to restrict testimony in terms of time or repetitive content. Groups, organizations, or associations should be represented by only one speaker. Speakers are requested to refrain from repeating previously presented testimony. Persons with disabilities who have special communication or accommodation needs or who plan to attend the hearing may contact the Government and Public Affairs Division, at 125 East 11th Street, Austin, Texas 78701-2483, (512) 463-9957. Requests should be made no later than three days prior to the hearing. Every reasonable effort will be made to accommodate the needs.
Further information on the FY 2008-2011 STIP may be obtained from Lori Morel, Transportation Planning and Programming Division, 118 East Riverside Drive, Austin, Texas 78704, (512) 486-5033. Interested parties who are unable to attend the hearing may submit comments to James L. Randall, P.E., Director, Transportation Planning and Programming Division, 118 East Riverside Drive, Austin, Texas 78704. In order to be considered, all written comments must be received at the Transportation Planning and Programming office by Monday, March 23, 2009, at 4:00 p.m.
TRD-200900331
Joanne Wright
Deputy General Counsel
Texas Department of Transportation
Filed: January 27, 2009
Pursuant to Transportation Code, §21.111, and Title 43, Texas Administrative Code, §30.209, the Texas Department of Transportation conducts public hearings to receive comments from interested parties concerning proposed approval of various aviation projects.
For information regarding actions and times for aviation public hearings, please go to the following website:
http://www.txdot.gov/public_involvement/hearings_meetings/schedule.htm.
Or visit www.txdot.gov, click on Public Involvement, click on Hearings and Meetings, and then click on Aviation.
Or contact Texas Department of Transportation, Aviation Division, 150 East Riverside, Austin, Texas 78704, (512) 416-4501 or 1-800-68-PILOT.
TRD-200900330
Joanne Wright
Deputy General Counsel
Texas Department of Transportation
Filed: January 27, 2009
The Texas Department of Transportation (department) requests proposals from law firms interested in representing the department in tax law matters. This request for proposals (RFP) is issued for the purpose of identifying qualified law firms able to provide legal representation required by the department and the Texas Transportation Commission (commission) on legal matters affecting the department, and as more fully set out below. Selection of outside counsel will be made by the department's General Counsel. The Office of the Attorney General must approve the General Counsel's selection before outside counsel may be employed.
Description: The department is a state agency with primary responsibility for planning, designing, constructing, operating, and maintaining the state's transportation system. The department has the responsibility for the development of tolled and nontolled highways, rail facilities, utility facilities, waterways, and certain aviation facilities. In particular, the development of toll projects and rail facilities through comprehensive development agreements and other public/private partnerships has become a primary focus of the department. The department must deal with taxation issues affecting these responsibilities and the innovative financing structures used in these projects. The primary tax issue relates to the tax consequences to both parties of business relationships between the department and public and private entities, including the federal income tax consequences of the business relationship and financing structure and state sales and property tax consequences, but also includes other tax and related ramifications relating to various modes of transportation, taxes and fees that affect transportation facilities and the customers of these facilities, and general tax matters related to the department's responsibilities as set out above. The department intends to engage outside counsel to represent the agency in these matters. Accordingly, the department invites responses to this RFP from firms that are qualified to perform these legal services. Outside counsel must have considerable prior experience with, as well as extensive knowledge of, these subjects.
Responses: Responses to the RFP may be submitted by an individual law firm, attorney, or joint venture between two or more law firms and/or attorneys. Responses to the RFP should include at least the following information: (1) a description of the firm's qualifications for performing legal work in the matters described previously, the names, experience, education, and expertise of the attorneys who will be assigned to work on such matters, the availability of the lead attorney and other firm personnel who will be assigned to work on these matters, and appropriate information regarding efforts made by the firm to encourage and develop the participation of minorities and women in the provision of these legal services; (2) information relative to the capabilities, locations, and resources of the firm's offices that might serve the department's requirements, including a summary of physical resources that would be assigned to the department, and an organizational chart indicating the relevant areas of responsibility of each attorney assigned to work on these matters; (3) the submission of fee information (either in the form of hourly rates for each attorney and paralegal who will be assigned to perform services in relation to these matters or other fee arrangements directly related to the achievement of specific goals and cost controls) and billable expenses; (4) an abstract of the firm's cost control procedures and how it charges for its services; (5) a comprehensive description of the procedures used by the firm to supervise the provision of legal services in a timely and cost effective manner; (6) disclosures of conflicts of interest (identifying each and every matter in which the firm has, within the past calendar year, represented any entity or individual with an interest adverse to the Texas Department of Transportation, or to the State of Texas or any of its boards, agencies, commissions, universities, or elected or appointed officials); and (7) confirmation of willingness to comply with the rules, policies, directives, and guidelines of the department, the commission, and the Attorney General of the State of Texas.
Note: The department is particularly concerned with issues pertaining to any conflict of interest. Respondents are admonished to make all practicable efforts to fully investigate, disclose, and address such conflicts.
A copy of the standard outside counsel contract is available upon request. Certain terms of the contract may be negotiated by the parties, subject to approval by the Office of the Attorney General.
Format and Person to Contact: Two copies of the proposal are requested. The proposal should be typed, preferably double spaced, on 8 1/2 by 11 inch paper with all pages sequentially numbered, and either stapled or bound together. It should be sent by mail or delivered in person, marked "Response to Request for Proposal" and addressed to Bob Jackson, General Counsel, Texas Department of Transportation, 125 East 11th Street, Austin, Texas 78701-2483. For questions, contact Angie Parker, Associate General Counsel, at (512) 463-8630.
Deadline for Submission of Response: All proposals must be received by the Texas Department of Transportation at the previously stated address no later than 5:00 p.m. on March 9, 2009.
TRD-200900344
Jack Ingram
Associate General Counsel
Texas Department of Transportation
Filed: January 28, 2009
Public Notice - Award of Major Consulting Contract
Description of Activities Consultant Will Conduct:
The selected consulting firm is responsible for assisting the University of North Texas (UNT) with the assessment of, and to advise on, public and private-sector funding sources for research and demonstration activities; to assist and advise on development, presentation and negotiation of grants, contracts and other agreements; to assist and advise on the design and execution of a government affairs and external relations plan for UNT; and to assist with the assessment of, and to advise on, funding for the UNT Fundraising Campaign.
Name and Business Address of Consultant:
Strategic Partnership, LLC
1729 King Street, Suite 100
Alexandria, VA 22314-2720
Total Value and Beginning and Ending Dates of Contract:
Value: $ 300,000.00
Beginning Date: November 7, 2008
Ending Date: Shall remain in effect until the completion, approval, and acceptance of all services; and the delivery of final payment to Strategic Partnership, LLC
Dates on Which Documents, Films, Recordings, or Reports that Consultant is Required to Present are Due:
Date: Various dates - Monthly reports and any updates as needed by UNT
TRD-200900313
Carrie Stoeckert
Assistant Director of Purchasing and Payment Services
University of North Texas
Filed: January 27, 2009