In Addition

In Addition

Texas Department of Agriculture

Request for Proposals: Home-Delivered Meal Grants Performance Monitoring

1. Purpose

The Texas Department of Agriculture (TDA) is inviting proposals for performance monitoring services. TDA seeks a highly skilled contractor to conduct a comprehensive performance review of governmental and 501(c)(3) nonprofit organizations that received funding through TDA's Texans Feeding Texans: Home-Delivered Meal Grant Program, under terms and conditions established by this Request for Proposal (RFP) and TDA. The contractor chosen by TDA must be experienced, with strong references and have a current license with the Texas State Board of Public Accountancy. The contractor firm also must demonstrate experience in using the Generally Accepted Government Auditing Standards (GAGAS) and must be able to provide the services described in the time frame provided in this RFP. Respondents must execute the scope of this RFP, Affirmations and RFP Acceptance, and complete other items listed in Section 6, Form of Response, of this RFP.

2. Program Overview

The Texans Feeding Texans: Home-Delivered Meal Grant Program was established by House Bill 407 during the 80th Regular Session of the Texas Legislature. The Legislature appropriated $20,000,000 to the Program to help defray the costs of providing home-delivered meals that are not fully funded by the Department of Aging and Disability Services or an Area Agency on Aging.

Under Texas Agriculture Code (Code), §12.042, the Home-Delivered Meal Grant Program provides funding for the purpose of supplementing and extending services related directly to home-delivered meal services.

An organization is eligible to receive a grant under the Program if it:

a. administers a home-delivered meal program and is a direct provider of home-delivered meals to Elderly persons and/or persons with a Disability;

b. (if a nonprofit private organization) has a volunteer board of directors;

c. practices nondiscrimination;

d. has an accounting system or fiscal agent approved by the county where it provides meals;

e. has a system to prevent the duplication of services to clients;

f. has received a grant from each county in which the organization is delivering meals;

g. has submitted an application to the Texas Department of Agriculture; and

h. agrees to use funds received only to supplement or extend existing home-delivered meal services.

Additionally, the following requirements must be met by the grantee:

a. Each meal to which grant funds from TDA are applied must meet 1/3 of the recommended dietary allowance (RDA) for adults and the Dietary Guidelines for Americans, or shall adhere to federal meal pattern requirements;

b. Grantee must follow procedures and maintain facilities that comply with all applicable federal, state, and local laws and regulations related to fire, health, sanitation, and safety, and obtain all necessary permits, including all food preparation, handling, and service activities;

c. Grantee must provide meals in accordance with the service requirements outlined in Title 40 Texas Administrative Code, §55.27(a) and (c), or other applicable local, state or federal regulations relating to the delivery, transportation packaging of home-delivered meals, or the handling of undelivered meals;

d. Grantee must document that persons receiving a meal are Homebound Elderly persons (60 years old or older) or Homebound persons with a Disability; and

e. Grantee shall retain all financial records, supporting documents, statistical records, and all other records relating to any grant funds received.

During fiscal year 2008, the first year of funding, $9.5 million was granted to eligible organizations. TDA received ninety-eight (98) applications and ninety-five (95) were funded. Fiscal year 2008 grantees are currently being reviewed.

During fiscal year 2009, $10 million was granted to eligible organizations. TDA received 194 applications. Of these, 182 applications, representing 138 organizations were funded. Grantees are required to submit quarterly expenditure reports.

3. Additional Resources and Information on TDA and/or the Home-Delivered Meal Grant Program for Response to this RFP

a. Texas Agriculture Code §12.042

b. Texas Administrative Code, Title 4, Part 1, Chapter 1, Subchapter O

c. TDA, Home-Delivered Meal Grant Program, and other TDA- administered grant programs at: www.tda.state.tx.us.

4. Desired Outcomes:

a. Selection of a contractor to develop and conduct a comprehensive monitoring activity of TDA's Texans Feeding Texans: Home-Delivered Meal Grantees that will include:

i. Risk assessment of grantees;

ii. Verification of information supplied in initial applications;

iii. Verification that grantee has all current licenses necessary to administer a home-delivered meal program;

iv. Verification that proper paperwork is being maintained to report nutritional content of the meals being served and counted;

v. Verification of the number of meals being served;

vi. Review of documentation to determine that meals served with grant funds are going to qualifying homebound elderly and/or disabled individuals;

vii. Verification that grant funds are expended on appropriate expenditures; and

viii. Reporting information back to TDA regarding any findings.

b. The services provided by the selected contractor should produce the following results:

i. Identify non-compliance with TDA Grant Agreement, executed by TDA and grantee in conjunction with payment of grant funds; and

ii. Verify accuracy of information supplied by Grantees for both grant qualification and grant funds expenditure.

5. Scope

This RFP covers work completed by the selected firm in two parts.

Part I - Planning: Within 30 days after any award that results from this RFP, the selected applicant is to develop a detailed monitoring plan and schedule for conducting the performance review activities. This plan is to incorporate a discussion of and rationale for all elements of the project, including associated priorities, timelines and budget estimates, with a focus on the desired outcomes as previously discussed in Section 4, Desired Outcomes.

The contractor will communicate with TDA staff administering the programs to access information regarding the programs, current home-delivered meal grantees, and relevant agency records.

Part II - Conducting Performance Monitoring: Once the monitoring plan is received and approved by TDA, the contracted firm is responsible for working with the TDA staff to conduct and complete the performance monitoring within the required time frame. The contracted firm will also need to:

a. Keep TDA informed of monitoring activity status via semi- monthly reports; and

b. Provide comprehensive results of all efforts according to schedule and as requested throughout the project.

The terms of this RFP also include the General Terms and Conditions set forth in Attachment 1 to this RFP. The performance monitoring final report must be issued by August 31, 2010.

6. Form of Response

a. Detailed Plan of the Monitoring Activities

Provide a detailed plan of how you or your firm would conduct proposed monitoring activities. This plan should include the relevant methods, procedures, phases, dates, and estimated hours that the contractor will incur in each phase of monitoring.

b. Overview of the Company

Provide a description of the company, including general experience and history in performing monitoring activities, date founded, number and location of offices, and number of professionals and employees in each office, total number of professionals and employees in the company, description of specialty practice areas and company philosophy. Describe structure of company ownership (e.g., publicly held corporation, partnership, etc.) any parents, affiliates or subsidiaries of the company.

c. Qualifications

List recent experience of the firm or professionals to be assigned to the project. Be sure to address qualifications with regard to the qualifications needed for this assignment as detailed in Sections 1, Purpose, and 4, Desired Outcomes. If relying on experience as a professional while at a different company, please indicate the name, address and contact information of the company. Please select and discuss one project that you feel best demonstrates your ability to provide the services specified in this RFP. (Please limit your discussion to no more than two pages.) If your response to this RFP is on behalf of a firm, please submit a copy of the firm's last peer review report.

d. Resumes

Provide brief resumes for each professional employee who will be assigned to the project. Indicate the individuals' years of experience in conducting monitoring activities, any relevant licenses they hold and how any particular area of expertise would benefit TDA. Also, demonstrate current compliance with CPE requirements. Specify who would be assigned as the primary day-to-day contact for TDA and indicate the role they played in the projects listed above.

e. HUB Business Practices

Please describe your company's previous experience and involvement working with Historically Underutilized Businesses (HUB) certified companies (if your company is not HUB certified) or as a HUB certified company.

Please describe efforts made by your company to encourage and develop the participation of minorities and women.

f. HUB Subcontracting Plan

In accordance with Texas Government Code §2161.252 regarding this procurement, TDA has determined that opportunities for HUB Subcontracting are probable. As such, all firms submitting a response to this RFP must fully complete the HUB Subcontracting Plan (HSP) forms which can be found at: http://www.window.state.tx.us/procurement/prog/hub/hub- forms/HUBSubcontractingPlan.pdf. Any responses that do not have these completed forms shall be rejected pursuant to Texas Government Code, §2161.252(b), and will not be considered for an award of this RFP.

g. Evidence of Insurability

The selected applicant shall be responsible for insurance and bonding and must furnish to TDA within ten (10) working days of being selected to perform this RFP, proof of insurance and bonding as follows: Insurance for professional liability, errors, omissions, or negligence arising in connection with duties under this RFP.

h. Conflict of Interest

Please disclose any conflicts of interest. Disclose all contractual or informal business arrangements/agreements, including fee arrangements and consulting agreements between your Company and the TDA, TDA's staff, or any entity that provides services to TDA. Applicants will likewise be required to disclose any business relationships or other possible conflicts of interest regarding monitoring of any grantees.

i. References

Please provide names, addresses, and phone numbers of at least three references.

j. Fee Structure

Please provide your fee structure, including if applicable, hourly rates, flat fees, and other known expenses. Also provide an estimate of the total project cost.

7. Agreement Term

The agreement term is from date of execution by both parties until August 31, 2010. TDA retains the right to terminate the agreement for any reason and at any time, upon the payment of then earned fees and expenses. At the termination date of this project, the current vendor shall cooperate fully to transfer all publications, documents, property, equipment, and/or other material in which TDA retains ownership rights, and any other material related to work under this RFP.

8. Proposal Modification

Any proposal may be modified or withdrawn, at any time prior to the proposal due date. No material changes will be allowed after the expiration of the proposed due date; however, non- substantive correction or deletions may be made with the approval of TDA. TDA also reserves the right to make amendments to the RFP.

9. Time Schedule

Proposals are due no later than June 1, 2009. Proposal responses, modifications or addenda to an original response received by TDA after the specified time and date for closing will not be considered. Each firm is responsible for ensuring that its response reaches TDA before the proposed due date. Companies should submit one unbound original and three copies of their proposal to: Karen Reichek, Grants Coordinator, IN RESPONSE TO RFP: Monitoring of Home-Delivered Meal Grants, Texas Department of Agriculture, P.O. Box 12847, Austin, Texas 78711, Street Address: 1700 N. Congress, Stephen F. Austin Bldg., 11th Floor, Austin, Texas 78701.

A duly authorized representative of the company must execute the response submitted to this RFP. An unsigned proposal will not be accepted. All proposals become the property of TDA. Proposals must set forth accurate and complete information as required by this RFP. Oral modifications will not be considered. Questions regarding this RFP should be submitted, in writing, to Karen Reichek, Grants Coordinator, at the address listed above or by fax, (888) 223-9048. The commissioner and TDA staff will review the responses to this RFP.

10. Basis of Award

The selection will be based on demonstrated competence, experience, knowledge and qualifications, as well as the proposed fee for each portion of the RFP as determined by TDA. By this RFP, however, TDA has not committed itself to employ a monitoring firm nor does the suggested scope of service or term of agreement below require that the firm be employed for any or all of those purposes. TDA is not bound to accept the lowest-priced proposal. TDA reserves the right to make those decisions after receipt of proposals and TDA's decision on these matters is final. TDA reserves the right to negotiate individual elements of any proposal and to reject any and all proposals. TDA reserves the right to meet with and negotiate regarding terms with one or more applicants.

11. Cost Incurred in Responding

All costs directly or indirectly related to preparation of a response to the RFP or any oral presentation required to supplement and/or clarify the RFP which may be required by TDA shall be the sole responsibility of, and shall be borne by the applicant.

ATTACHMENT 1 - GENERAL TERMS AND CONDITIONS

1.1 Indemnification. The contractor agrees to defend, indemnify, and hold harmless the State of Texas, all of its officers, agents and employees from and against all claims, actions, suits, demands, proceedings costs, damages, and liabilities, arising out of, connected with, or resulting from any acts or omissions of the contractor or any agent, employee, subcontractor, or supplier of contractor in the execution or performance of this RFP.

1.2 Failure of Indemnification Provisions. If for any reason the contractor fails to cooperate with the Texas Office of the Attorney General and/or the foregoing indemnification is insufficient to hold the customer harmless, then the contractor shall reimburse TDA for all amounts paid or payable by TDA as a result of such claims, which shall include, for example, costs of the Texas Office of the Attorney General of defending against any claims. The reimbursement, indemnity and contribution obligations of the contractor under this section shall extend upon the same terms and conditions to TDA employees, officers, agents, successors, assigns, licensees and customers and shall be binding upon and inure to the benefit of any successors, assigns, heirs and personal representatives, and the relevant provisions will survive the termination of any contract awarded to an applicant responding to this RFP.

1.3 Indemnification by TDA of Contractor. TDA can neither agree to hold the contractor harmless nor agree to indemnify the contractor, and any provisions to the contrary are void.

1.4 TDA Duties. The contractor's obligations under paragraph 1.2 above may be limited to the extent that the TDA (i) does not promptly notify the contractor in writing of any claim, (ii) does not provide the contractor with all reasonable assistance for the defense or settlement of such claims, except as it relates to the responsibilities of the Texas Office of the Attorney General, and (iii) does not cooperate with the Texas Office of the Attorney General in defense of such claim.

1.5 Force Majeure. Except as otherwise provided, neither awarded contractor nor TDA shall be liable to the other for any delay in, or failure of performance, of any requirement contained in this RFP caused by force majeure. The existence of such causes of delay or failure shall extend the period of performance in the exercise of reasonable diligence until after the causes of delay or failure have been removed. Force majeure is defined as those causes generally recognized under Texas law as constituting impossible conditions. Each party must inform the other in writing, with proof of receipt, within three (3) business days of the existence of such force majeure, or otherwise waive this right as a defense.

1.6 Application of Law; Venue; Dispute Resolution. This procurement shall be governed by and construed in accordance with the laws of the State of Texas. Venue for any action arising hereunder shall be in the state district courts of Travis County, Texas, and pursuant to the dispute resolution provisions in Chapter 2260, Texas Government Code. This RFP shall be binding upon any successor or permitted assignee. In the event of any default, dispute or nonpayment, the parties shall, in addition to and without limitation on the remedies provided under the terms of this RFP, be liable for those damages commonly available to the prevailing party under Texas law.

1.7 Assignment or Subcontract. Absent the express written consent of TDA, the awarded contractor may not assign or subcontract any right or duty under this RFP.

1.8 Provision for Direct Deposit. The electronic funds transfer (EFT) provisions of Texas law are found at Texas Government Code, Chapter 403. Certain payments from the State may be directly deposited into the contractor's bank account or may be made by warrant. Contractors eligible for, and who wish to be paid by direct deposit, must complete the form titled "Direct Deposit Authorization" and return it as soon as possible to: Comptroller of Public Accounts, Attention: Budget and Internal Accounting Division, Accounts Payable Section, LBJ State Office Building, 111 E. 17th Street, Austin, Texas 78774.

The Comptroller's office will become the "custodial agency" and in that capacity, the internal Accounts Payable Section will be responsible for initial direct deposit set up and any future changes to your direct deposit information. Consequently, it will not be necessary to register with each state agency for this purpose. Direct deposit payments will begin after the contractor's financial institution processes and accepts a test transaction that will be sent by the Comptroller's office to the contractor's bank.

The Claims Division of the Comptroller of Public Accounts oversees the statewide direct deposit program. For questions regarding the statewide process, contact the Claims Payment Processing Section, 1-800-531-5441, ext. 5-0965 or (512) 475-0965, or send an email message to: claims.division@cpa.state.tx.us.

1.9 Texas Family Code Eligibility. Under §231.00, Texas Family Code (relating to child support), the vendor or applicant certifies that the individual or business entity named in this contract, bid or application is not ineligible to receive the specified grant, loan, or payment and acknowledges that this contract may be terminated and payment may be withheld if this certification is inaccurate. All applicants and respondents to this RFP understand and acknowledge that pursuant to §231.006 of the Texas Family Code, a child support obligor who is more than 30 days delinquent in paying child support and a business entity in which the obligor is a sole proprietor, partner, shareholder, or owner with an ownership interest of at least 25 percent is not eligible to receive payments from state funds under a contract to provide property, materials, or services. Further, if selected, the applicant will provide the name and social security number of the individual or sole proprietor and each partner, shareholder, or owner with an ownership interest of at least 25 percent of the business entity submitting the bid or application.

1.10 Texas Government Code Eligibility. Under §2155.004, Texas Government Code (relating to certain taxes), contractor represents that the contractor is eligible to receive this agreement and that any resulting agreement may be terminated and payment withheld if this representation is inaccurate.

1.11 Liability for Taxes. Contractor represents that it shall pay all taxes or similar amounts resulting from this agreement, including, but not limited to, any federal, State, or local income, sales or excise taxes of contractor or its employees. TDA shall not be liable for any taxes resulting from this Agreement.

1.12 Suspension or Debarment; Compliance with State Laws and Rules. Contractor represents that as the respondent to this RFP, and any of its principals, are eligible to participate in any resulting agreement and have not been subjected to suspension, debarment, or similar ineligibility determined by any federal, state or local governmental entity. Contractor further represents that the contractor is in compliance with the State of Texas statutes and rules relating to procurement and that contractor is not listed on the federal government's terrorism watch list as described in Executive Order 13224. Entities ineligible for federal procurement are listed at http://www.epls.gov.

1.13 Audits or Investigations by State Auditor's Office or TDA. The contractor understands that acceptance of funds under this RFP acts as acceptance of the authority of the State Auditor's Office (SAO), any successor agency to SAO or TDA to conduct an audit or investigation in connection with those funds. Contractor further agrees to cooperate fully with the SAO, SAO's successor or TDA in the conduct of the audit or investigation, including providing all records requested and providing the State Auditor or TDA with access to any information the State Auditor or TDA considers relevant to the investigation or audit. Contractor will ensure that this clause concerning the authority to audit funds received indirectly by subcontractors through subcontractor and the requirement to cooperate is included in any subcontract awards.

1.14 Access to Information by State Auditor. The contracted firm understands that in addition to the State Auditor's access to information as provided by paragraph 1.13, above, the State Auditor will receive a copy of the contract between the agency and the contractor, and the contractor's final report. The State Auditor also has access to working papers related to procured services and all draft and final reports and memoranda of discussions with agency management

1.15 Release of Information and Open Records. All proposals shall be deemed, once submitted, to be the property of TDA and subject to the Texas Public Information Act (Act). Under the Act, information submitted in response to this RFP may not be released by TDA during the proposal evaluation process or prior to the awarding of an agreement. After the evaluation process is completed by TDA and an agreement is awarded, proposals and information included therein may be subject to public disclosure under the Act.

1.16 Media releases. TDA is the only entity authorized to issue news releases relating to this RFP and performance hereunder by contractor.

TRD-200901519

Dolores Alvarado Hibbs

General Counsel

Texas Department of Agriculture

Filed: April 22, 2009

Office of the Attorney General

Notice of Intent to Amend and Extend Consultant Services Contract

The Child Support Division (CSD) of the Office of the Attorney General (OAG) currently has a consulting services contract with Deloitte Consulting, LLP of 400 West 15th Street, Suite 1700, Austin, Texas 78701. Deloitte Consulting is providing consulting services related to:

Creating project plans

Documenting requirements, use cases, activity diagrams and storyboards

Performing analysis of data for cleanup

Conducting a proof of concept for the new system development lifecycle processes and the supporting tools

Assisting with the deployment of hardware and software for the TXCSES 2.0 development environment

Executing the sourcing strategy, developing training and deploying new organization structures.

The original contract was executed on January 22, 2007, and expired on August 31, 2007, with five options to extend. CSD and Deloitte Consulting, LLP are currently executing the second optional renewal which concludes on August 31, 2009.

Deloitte Consulting was selected as the consultant for this project after a competitive process whereby the OAG evaluated four proposals that were submitted as a result of the invitation to submit proposals that was published in the September 15, 2006, issue of the Texas Register (31 TexReg 8019).

The OAG intends to extend this consulting services contract and amend it to describe Deloitte Consulting's role after submitting Business Process Redesign (BPR) recommendations. Pursuant to Texas Government Code, Chapter 2254, Subchapter B, before extending and amending the contract with Deloitte Consulting, the OAG publishes this notice and invitation to qualified and experienced consultants interested in providing the consulting services described in this notice.

SCOPE OF SERVICES:

The scope of work focuses on:

Providing guidance, subject matter expertise, oversight, and assistance to the OAG for Development and Implementation Continuity Assurance in the design, development and implementation of solutions recommended by the Business Process Redesign (BPR) Study completed in 2007.

Reviewing and developing quality criteria for solutions and work products produced by an implementation vendor

Developing acceptance criteria based on documented requirements

Documenting requirements for the second incremental renewal phase and new document management system for legal forms

Assessing existing internet connectivity and efiling capabilities of the counties and clerk of courts

Developing a detailed rollout plan and strategy for a document management and imaging system

Completing a prototype of the TXCSES 2.0 application and finalizing the solution architecture

Managing a hard copy case file cleanup effort

Establishing a formalized asset management process

FINDING OF FACT:

The OAG is submitting a request to the Budget, Planning & Policy Division of the Governor's Office for a Finding of Fact that the requested consulting services are necessary. Extension of the contract or execution of a new contract is contingent upon receipt of this Finding of Fact.

CRITERIA FOR SELECTION:

The OAG intends to negotiate with Deloitte Consulting the extension and amendment to its consulting services contract to include this scope of work, unless the OAG receives a better offer for the desired consulting services. The OAG will make its selection based on demonstrated competence, knowledge, and qualifications, considering the reasonableness of the proposed fees for consulting services.

SUBMITTING OFFERS:

Any consultant submitting an offer in response to this notice must provide the following with the offer:

(1) The consultant's legal name and address

(2) A description of the consultant's experience in the business process redesign field

(3) Information regarding the qualifications, education, and experience of the team(s) proposed to provide these consulting services

(4) The price to perform the entire scope of services

(5) The earliest date on which the consultant could begin to provide services

(6) A list of three references, including any Child Support customers for which the consultant has performed services

(7) A previous or sample BPR implementation plan that represents the consultant's work

(8) A completed Historically Underutilized Businesses subcontracting plan (the forms can be found at http://www.window.state.tx.us/procurement/prog/hub/hub-subcontracting-plan/

(9) The following completed forms (available from the OAG Contact identified below): Certification Regarding Lobbying, Consultant Assurances with Certification, and Consultant Release of Liability (to References)

In order to be considered for this Consulting Services contract, a Response should be submitted, in accordance with the instructions in this notice to the OAG by 2:00 p.m. [CST] on June 2, 2009

Telephone and facsimile responses will not be accepted. Responses may be submitted by mail to the mailing address listed below; or may be hand delivered to the physical address listed below.

Mailing Address:

Office of the Attorney General

Child Support Division

Attn: David Cousins, Assistant Attorney General

P.O. Box 12017

Austin, TX 78711-2017

Email: David.Cousins@oag.state.tx.us

Physical Address:

Office of the Attorney General

Child Support Division

Attn: David Cousins, Assistant Attorney General

5500 E. Oltorf St., Room 375

Austin, TX 78741-7400

Email: David.Cousins@oag.state.tx.us

QUESTIONS:

Questions concerning this notice and invitation should be submitted in writing or by email to the point of contact listed above.

OAG RIGHTS:

The OAG reserves the right to accept or reject any or all offers submitted. The OAG is under no obligation to execute any contract on the basis of this notice. The OAG will not pay for any costs incurred by any entity in responding to this notice.

TRD-200901490

Stacey Napier

Deputy Attorney General

Office of the Attorney General

Filed: April 21, 2009

Comptroller of Public Accounts

Notice of Request for Proposals

Pursuant to Chapter 2254, Subchapter B, Texas Government Code; Chapters 71-76, Texas Property Code, and Chapter 403, Texas Government Code, the Comptroller of Public Accounts (Comptroller) announces the issuance of a Request for Proposals (RFP #193c) from qualified, independent firms to provide unclaimed property management, claims processing, outreach and related services to Comptroller. The successful respondent(s) will assist Comptroller in managing unclaimed property and related services for the state's unclaimed property program. The successful respondent(s) will be expected to begin performance of the contract or contracts, if any, on or about June 1, 2009, or as soon thereafter as practical.

Contact: Parties interested in submitting a proposal should contact William Clay Harris, Assistant General Counsel, Contracts, Comptroller of Public Accounts, Room 201, LBJ State Office Building, 111 East 17th Street, Austin, Texas 78774 (Issuing Office), telephone number: (512) 936-5854, to obtain a copy of the RFP. Comptroller will mail copies of the RFP only to those specifically requesting a copy. The RFP was made available for pick-up at the above-referenced address on Friday, May 1, 2009, after 10 a.m., Central Zone Time (CZT), and during normal business hours thereafter. Comptroller also made the complete RFP available electronically on the Electronic State Business Daily at: http://esbd.cpa.state.tx.us after 10 a.m. CZT on Friday, May 1, 2009.

Non-Mandatory Letters of Intent and Questions: All Non-Mandatory Letters of Intent and questions regarding the RFP must be sent via facsimile to the attention of Mr. Harris at: (512) 463-3669, no later than 2:00 p.m. CZT, on Friday, May 8, 2009. Official responses to questions received by the foregoing deadline will be posted electronically on the Electronic State Business Daily no later than Friday, May 15, 2009, or as soon thereafter as practical. Non-Mandatory Letters of Intent or Questions received after the deadline will not be considered. Respondents are solely responsible for confirming and are encouraged to confirm the timely receipt of Non-Mandatory Letters of Intent and Questions in the Issuing Office.

Closing Date: Proposals must be received in the Issuing Office at the address specified above no later than 2 p.m. CZT, on Friday, May 22, 2009. Proposals received after this time and date will not be considered. Proposals will not be accepted from respondents that do not submit proposals by the foregoing deadline. Respondents are solely responsible for confirming and are encouraged to confirm the timely receipt of Proposals in the Issuing Office.

Evaluation and Award Procedure: All proposals will be subject to evaluation by a committee based on the evaluation criteria and procedures set forth in the RFP. Comptroller reserves the right to award one or more contracts under this RFP. Comptroller reserves the right to accept or reject any or all proposals submitted. Comptroller is under no legal or other obligation to execute any contracts on the basis of this notice or the distribution of any RFP. Comptroller shall not pay for any costs incurred by any entity in responding to this Notice or the RFP.

The anticipated schedule of events is as follows: Issuance of RFP - May 1, 2009, after 10:00 a.m. CZT; Non-Mandatory Letters of Intent and Questions Due - May 8, 2009, 2 p.m. CZT; Official Responses to Questions Posted - May 15, 2009, or as soon thereafter as practical; Proposals Due - May 22, 2009, 2 p.m. CZT; Contract Execution - June 1, 2009, or as soon thereafter as practical; Commencement of Project Activities - June 1, 2009, or as soon thereafter as practical.

TRD-200901514

William Clay Harris

Assistant General Counsel, Contracts

Comptroller of Public Accounts

Filed: April 22, 2009

Office of Consumer Credit Commissioner

Notice of Rate Ceilings

The Consumer Credit Commissioner of Texas has ascertained the following rate ceilings by use of the formulas and methods described in §§303.003, 303.009, and 304.003, Texas Finance Code.

The weekly ceiling as prescribed by §303.003 and §303.009 for the period of 04/27/09 - 05/03/09 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 04/27/09 - 05/03/09 is 18% for Commercial over $250,000.

The judgment ceiling as prescribed by §304.003 for the period of 05/01/09 - 05/31/09 is 5.00% for Consumer/Agricultural/Commercial/credit through $250,000.

The judgment ceiling as prescribed by §304.003 for the period of 05/01/09 - 05/31/09 is 5.00% for Commercial over $250,000.

¹Credit for personal, family or household use.

²Credit for business, commercial, investment or other similar purpose.

TRD-200901491

Leslie L. Pettijohn

Commissioner

Office of Consumer Credit Commissioner

Filed: April 21, 2009

Texas Education Agency

Notice of Correction: Request for Applications Concerning Target Tech in Texas (T3) Collaborative Grant

The Texas Education Agency (TEA) published Request for Applications (RFA) #701-09-118 concerning Target Tech in Texas (T3) Collaborative Grant in the April 24, 2009, issue of the Texas Register (34 TexReg 2612).

The TEA is amending the name of the grant from "Target Tech in Texas (T3) Collaborative Grant" to "Target Tech in Texas (T3) Collaborative Grant--American Recovery and Reinvestment Act (ARRA) of 2009 (T3--ARRA)."

The TEA is also amending the description of eligible applicants. The corrected eligibility criteria read as follows: In addition to at least one high-need LEA, an eligible collaborative must include at least one of the following entities: (1) an LEA that can demonstrate that its teachers are effectively integrating technology and proven teaching practices into instruction and that the integration of technology has improved classroom instruction in the core academic subjects and made students better prepared to meet challenging state academic content and student academic achievement standards; (2) an institution of higher education that is in full compliance with the reporting requirements of the Higher Education Act of 1965, Section 207(f), and that has not been identified as low-performing under Section 208 of that act; (3) a for-profit business or organization that develops, designs, manufactures, or produces technology products or services, or that has substantial expertise in the application of technology in instruction; or (4) a public or private nonprofit organization with demonstrated experience in the application of educational technology to instruction. The collaborative partnership may also include other educational entities such as ESCs, libraries, and other LEAs with the resources and ability to provide technology-focused programs to the local target population.

This correction reflects a change from the original eligibility criteria as follows: In addition to at least one high-need LEA, an eligible collaborative must include at least one of the following entities: (1) an LEA that can demonstrate that its teachers are effectively integrating technology and proven teaching practices into instruction and that the integration of technology has improved classroom instruction in the core academic subjects and made students better prepared to meet challenging state academic content and student academic achievement standards; (2) other educational entities such as ESCs, libraries, and other LEAs with the resources and ability to provide technology-focused programs to the local target population; (3) an institution of higher education that is in full compliance with the reporting requirements of the Higher Education Act of 1965, Section 207(f), and that has not been identified as low-performing under Section 208 of that act; (4) a for-profit business or organization that develops, designs, manufactures, or produces technology products or services, or that has substantial expertise in the application of technology in instruction; or (5) a public or private nonprofit organization with demonstrated experience in the application of educational technology to instruction.

Further Information. For clarifying information about the RFA, contact Rebecca Schroeder, Division of Discretionary Grants, TEA, (512) 463-9269.

TRD-200901520

Cristina De La Fuente-Valadez

Director, Policy Coordination

Texas Education Agency

Filed: April 22, 2009

Texas Commission on Environmental Quality

Agreed Orders

The Texas Commission on Environmental Quality (TCEQ or commission) staff is providing an opportunity for written public comment on the listed Agreed Orders (AOs) in accordance with Texas Water Code (the Code), §7.075. Section 7.075 requires that before the commission may approve the AOs, the commission shall allow the public an opportunity to submit written comments on the proposed AOs. Section 7.075 requires that notice of the proposed orders and the opportunity to comment must be published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is June 1,2009 . 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 June 1, 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: Angelina County; DOCKET NUMBER: 2008-1426-MSW-E; IDENTIFIER: RN101947323; LOCATION: Lufkin, Angelina County; TYPE OF FACILITY: municipal solid waste landfill; RULE VIOLATED: 30 Texas Administrative Code (TAC) §330.371(a)(2), by failing to prevent the concentration of methane gas from exceeding 5% by volume; PENALTY: $13,000; ENFORCEMENT COORDINATOR: John Shelton, (512) 239-2563; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1830, (409) 898-3838.

(2) COMPANY: Buena Vista Water Supply Corporation; DOCKET NUMBER: 2009-0310-PWS-E; IDENTIFIER: RN101191542; LOCATION: Shelby County; TYPE OF FACILITY: public water supply (PWS); RULE VIOLATED: 30 TAC §290.44(h)(1)(A), by failing to provide a backflow prevention assembly; 30 TAC §290.46(f)(3)(A)(i)(III), by failing to maintain a record of the amount of chemicals used each week; 30 TAC §290.43(c)(8), by failing to maintain the facility's standpipe in accordance with American Water Works Association standards; 30 TAC §290.43(c)(3), by failing to provide an overflow for the facility's standpipe with a cover that fits tightly with no gap over 1/16 inch; and 30 TAC §290.121(a), by failing to develop and maintain an up-to-date chemical and microbiological monitoring plan; PENALTY: $1,060; ENFORCEMENT COORDINATOR: Yuliya Dunaway, (210) 490-3096; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1830, (409) 898-3838.

(3) COMPANY: City of Cotulla; DOCKET NUMBER: 2009-0044-MWD-E; IDENTIFIER: RN101920148; LOCATION: La Salle County; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: Texas Pollutant Discharge Elimination System (TPDES) Permit Number WQ0010153001, Permit Condition Number 2.g., and the Code, §26.121(a), by failing to prevent unauthorized discharges; 30 TAC §319.7(a) and TPDES Permit Number WQ0010153001, Monitoring and Reporting Requirements Number 3, by failing to make readily available for inspection the temperature logs for the thermometer in the refrigerator that holds samples; and 30 TAC §290.51(a)(3) and the Texas Health and Safety Code (THSC), §341.041, by failing to pay all outstanding public health service fees and late fees; PENALTY: $25,166; Supplemental Environmental Project (SEP) offset amount of $20,133 applied to Texas Association of Resource Conservation and Development Areas, Inc. - Unauthorized Trash Dump Clean-Up; ENFORCEMENT COORDINATOR: Cheryl Thompson, (817) 588-5800; REGIONAL OFFICE: 707 East Calton Road, Suite 304, Laredo, Texas 78041-3887, (956) 791-6611.

(4) COMPANY: Dennis James Schouten, Cornelius Thomas Schouten, and Nicholas Schouten dba D & L Dairy; DOCKET NUMBER: 2008-1097-AGR-E; IDENTIFIER: RN102844768; LOCATION: Erath County; TYPE OF FACILITY: dairy farm; RULE VIOLATED: 30 TAC §321.42(g) and TPDES General Permit Number WQ0004133000, Part X, Special Provisions A.3, by failing to develop and implement a retention control structure management plan; and 30 TAC §321.36(c), TPDES General Permit Number WQ0004133000, Part VII, Section A.5.(a)(1), and the Code, §26.121(a), by failing to ensure that the control facility is designed, constructed, operated, and maintained to contain all manure, litter, and process wastewater; PENALTY: $5,215; ENFORCEMENT COORDINATOR: Merrilee Hupp, (512) 239-4490; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(5) COMPANY: City of Eustace; DOCKET NUMBER: 2008-1343-MWD-E; IDENTIFIER: RN101919140; LOCATION: Eustace, Henderson County; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number 11132001, Effluent Limitations and Monitoring Requirements Number 1 and WQ0014789001, Effluent Limitations and Monitoring Requirements Number 1, by failing to comply with the permitted effluent limitations for biochemical oxygen demand, flow, total suspended solids, and fecal coliform; PENALTY: $12,360; SEP offset amount of $9,888 applied to providing first time central sewer service to three low income residences that are currently utilizing failing or inadequately designed septic systems; ENFORCEMENT COORDINATOR: Lanae Foard, (512) 239-2554; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3734, (903) 535-5100.

(6) COMPANY: Huntsman Polymers Corporation N/K/A Huntsman Advanced Materials LLC; DOCKET NUMBER: 2009-0152-AIR-E; IDENTIFIER: RN101867554; LOCATION: Odessa, Ector County; TYPE OF FACILITY: polyethylene and polypropylene production plant; RULE VIOLATED: 30 TAC §122.145(2)(A) and (C) and §122.146(2), Federal Operating Permit Number O-02150, General Terms and Conditions, and THSC, §382.085(b), by failing to submit the Title V permit compliance certification and failing to include all deviations in two deviation reports; 30 TAC §116.115(c), New Source Review Permit Number 19123, Special Condition Number 6, and THSC, §382.085(b), by failing to monitor 13,139 flanges/connectors, 3,116 valves, eleven pump seals, and 139 open-ended lines in volatile organic compound service; and 30 TAC §101.20(2), 40 Code of Federal Regulations (CFR) §61.357(d)(8), and THSC, §382.085(b), by failing to submit an annual report for calendar years 2004 and 2005 that summarizes all inspections during which detectable emissions are measured that could result in benzene emissions if identified; PENALTY: $45,208; SEP offset amount of $18,083 applied to Keep Odessa Beautiful, Inc.; ENFORCEMENT COORDINATOR: Trina Grieco, (210) 490-3096; REGIONAL OFFICE: 3300 North A Street, Building 4-107, Midland, Texas 79705-5406, (432) 570-1359.

(7) COMPANY: Cory L. James; DOCKET NUMBER: 2009-0517-WOC-E; IDENTIFIER: RN103458584; LOCATION: Dublin, Erath County; TYPE OF FACILITY: wastewater operator; RULE VIOLATED: 30 TAC §30.5(a), by failing to obtain a required occupational license; PENALTY: $210; ENFORCEMENT COORDINATOR: Melissa Keller, (512) 239-1768; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(8) COMPANY: JOSO Enterprises, Inc. dba Shell on Plano Parkway; DOCKET NUMBER: 2009-0162-PST-E; IDENTIFIER: RN101992386; LOCATION: Plano, Collin 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: $7,192; ENFORCEMENT COORDINATOR: Michael Pace, (817) 588-5800; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(9) COMPANY: LUCKHANY ENTERPRISES, INC. dba M&M Food Mart; DOCKET NUMBER: 2009-0066-PST-E; IDENTIFIER: RN101651016; LOCATION: Everman, Tarrant County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.10(b), by failing to maintain underground storage tank (UST) records and make them immediately available for inspection; 30 TAC §334.50(b)(1)(A) and the Code, §26.3475(c)(1), by failing to monitor USTs for releases; 30 TAC §334.50(d)(1)(B)(ii) and the Code, §26.3475(c)(1), by failing to conduct reconciliation of detailed inventory control records; 30 TAC §334.50(d)(1)(B)(iii)(I) and the Code, §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 §334.49(a) and the Code, §26.3475(d), by failing to provide proper corrosion protection for the UST system; 30 TAC §334.48(e), by failing to ensure that release detection equipment is routinely inspected and serviced; 30 TAC §115.246(7)(A) and THSC, §382.085(b), by failing to maintain Stage II records at the station and make them immediately available for review; and 30 TAC §115.244(3) and THSC, §382.085(b), by failing to conduct monthly inspections of the Stage II vapor recovery system (VRS); PENALTY: $11,116; ENFORCEMENT COORDINATOR: Michael Pace, (817) 588-5800; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(10) COMPANY: Marathon Oil Company; DOCKET NUMBER: 2009-0180-AIR-E; IDENTIFIER: RN105672901; LOCATION: near Buffalo, Leon County; TYPE OF FACILITY: sour gas production site; RULE VIOLATED: 30 TAC §116.110(a) and THSC, §382.0518(a) and §382.085(b), by failing to obtain permit authorization prior to the construction and operation of a sour gas production site; PENALTY: $1,000; ENFORCEMENT COORDINATOR: James Nolan, (512) 239-6634; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

(11) COMPANY: New Horizons Ranch and Center, Inc.; DOCKET NUMBER: 2009-0191-PWS-E; IDENTIFIER: RN101278471; LOCATION: Mills County; TYPE OF FACILITY: PWS; RULE VIOLATED: 30 TAC §290.113(f)(5) and THSC, §341.0315(c), by failing to comply with the maximum contaminant level (MCL) for haloacetic acids; and 30 TAC §290.113(f)(4) and THSC, §341.0315(c), by failing to comply with the MCL for total trihalomethanes (TTHM); PENALTY: $1,005; ENFORCEMENT COORDINATOR: Yuliya Dunaway, (210) 490-3096; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

(12) COMPANY: Silver Creek Lodge, Marina, and Yacht Club, Incorporated; DOCKET NUMBER: 2007-1709-MWD-E; IDENTIFIER: RN102184264; LOCATION: Burnet County; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number WQ0011394001, Effluent Limitations and Monitoring Requirements Numbers 1, 2, and 6, and the Code, §26.121(a), by failing to comply with the permitted effluent limitations for dissolved oxygen, flow, and total chlorine; 30 TAC §305.125(17), TPDES Permit Number WQ0011394001, Sludge Provisions, and the Code, §26.121(a), by failing to submit annual monitoring results at the intervals specified; and 30 TAC §305.125(1), TPDES Permit Number WQ0011394001, Monitoring and Reporting Requirements Number 1, and the Code, §26.121(a), by failing to submit monthly monitoring results at the intervals specified; PENALTY: $17,550; ENFORCEMENT COORDINATOR: Craig Fleming, (512) 293-5806; REGIONAL OFFICE: 2800 South IH 35, Suite 100, Austin, Texas 78704-5700, (512) 339-2929.

(13) COMPANY: City of Stanton; DOCKET NUMBER: 2009-0259-PWS-E; IDENTIFIER: RN101392082; LOCATION: Stanton, Martin County; TYPE OF FACILITY: PWS; RULE VIOLATED: 30 TAC §290.113(f)(4) and THSC, §341.0315(c), by failing to comply with the MCL for TTHM; PENALTY: $975; ENFORCEMENT COORDINATOR: Andrea Linson-Mgbeoduru, (512) 239-1482; REGIONAL OFFICE: 3300 North A Street, Building A-107, Midland, Texas 79705-5406, (432) 570-1359.

(14) COMPANY: Texas ARRM Investments, Inc. dba Gastar II Store 020; DOCKET NUMBER: 2008-1896-PST-E; IDENTIFIER: RN101566545; LOCATION: Dallas, Dallas County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §115.246(7)(A) and THSC, §382.085(b), by failing to maintain Stage II records at the station and make them immediately available for review; 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(3)(C)(i) - (iii) and (L) and THSC, §382.085(b), by failing to maintain the Stage II VRS in proper operating condition and free of defects; PENALTY: $10,227; ENFORCEMENT COORDINATOR: Wallace Myers, (512) 239-6580; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(15) COMPANY: The Dow Chemical Company; DOCKET NUMBER: 2009-0122-AIR-E; IDENTIFIER: RN102414232; LOCATION: La Porte, Harris County; TYPE OF FACILITY: chemical manufacturing plant; RULE VIOLATED: 30 TAC §116.115(b)(2)(F), Permit Number 48189, General Condition Number 8, and THSC, §382.085(b), by failing to prevent a leak on the recycle pipeline of the monochlorobenzene recovery unit feed tank R-200A; PENALTY: $3,000; SEP offset amount of $1,200 applied to Houston-Galveston AERCO's Clean Cities/Clean Vehicles Program; ENFORCEMENT COORDINATOR: Miriam Hall, (512) 239-1044; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(16) COMPANY: US Ecology Texas, Inc.; DOCKET NUMBER: 2008-0355-MLM-E; IDENTIFIER: RN101445666; LOCATION: Robstown, Nueces County; TYPE OF FACILITY: hazardous waste processing, storage, and disposal; RULE VIOLATED: 30 TAC §305.125, 40 CFR §264.13, Industrial Hazardous Waste (IHW) Permit Number 50052, Provision Numbers I.G. and I.J.4., by failing to follow the facility's waste analysis plan with regard to waste streams subject to treatment for land disposal; 30 TAC §305.125 and §335.431, IHW Permit Number 50052, Provision Numbers I.G., I.G.8., II.S.2., V.G.6, and V.G.7., by failing to comply with land disposal restrictions; 30 TAC §116.110(a) and §305.125, IHW Permit Number 50052, Provision Number I.G.7., and THSC, §382.085(b), by failing to prevent unauthorized emissions; 30 TAC §305.125 and §335.152, 40 CFR §§264.17(a) and (b), 264.31, and 264.199(a), IHW Permit Number 50052, Provision Numbers I.G., I.I., II.B., II.H., II.R., and IV.F., by failing to minimize the possibility of fire, explosion or release of hazardous constituents and prevent placement of incompatible wastes or materials in the same tank system; 30 TAC §305.125 and §335.152, 40 CFR §264.13, IHW Permit Number 50052, Provision Numbers I.G., I.I., I.J.4., and II.R., and Water Abatement Plan (WAP), Sections 2.0., 4.2.1., 4.2.3., 4.2.5., and 5.0., by failing to follow the facility's WAP with regard to waste determinations, waste stream verification parameter selection, land disposal restriction waste conformational testing, proper analytical procedures, and waste segregation and classification; 30 TAC §305.125(11)(A) - (C) and §335.152, 40 CFR §264.73, and IHW Permit Number 50052, Provision Numbers I.G., I.I., and II.R., by failing to comply with permit monitoring and records requirements; 30 TAC §305.125 and §335.152, 40 CFR §264.31, and IHW Permit Number 50052, Provision Numbers I.G., I.I., and I.J.1., by failing to comply with permit contingency plan requirements; 30 TAC §305.125 and §335.152 and IHW Permit Number 50052, Provision Numbers I.G. and V.D.4., by failing to comply with permit design, construction, and operating requirements by not keeping an accurate record of the disposal location of waste; 30 TAC §305.125 and §335.152, 40 CFR §264.31, and IHW Permit Number 50052, Provision Numbers I.G., I.I., and II.B., by failing to operate in a manner to minimize the possibility of fire, explosion or any unplanned sudden or non-sudden release of hazardous constituents to air, soil, or surface water; 30 TAC §305.125 and §335.152, 40 CFR §264.13, IHW Permit Number 50052, Provision Number I.J.4., and WAP Section Numbers 2.0., and 3.0., by failing to follow the facility WAP by inadequately characterizing waste streams; 30 TAC §305.125 and IHW Permit Number 50052, Provision Numbers I.G. and V.D.4., by failing to comply with permit design, construction, and operating requirements by not keeping an accurate record of the disposal location of waste; and 30 TAC §305.125 and §335.152 and IHW Permit Number 50052, Provision Numbers I.G. and V.D.3.b, by failing to comply with landfill operating requirements by applying waste in lifts greater than three feet and using unacceptable daily cover for hazardous waste; PENALTY: $92,650; SEP offset amount of $37,060 applied to Coastal Bend Bays and Estuaries Program, Inc.; ENFORCEMENT COORDINATOR: Tom Greimel, (512) 239-5690; REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5839, (361) 825-3100.

TRD-200901488

Kathleen C. Decker

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: April 21, 2009

Enforcement Orders

An agreed order was entered regarding Chevron Phillips Chemical Company LP, Docket No. 2006-1028-IHW-E on April 9, 2009 assessing $19,287 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Benjamin Thompson, Staff Attorney at (512) 239-0600, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding N T & M, Inc. dba Fine Cleaners, Inc., Docket No. 2006-1334-DCL-E on April 9, 2009 assessing $1,185 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Dinniah Chahin, Staff Attorney at (512) 239-0600, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

A agreed order was entered regarding Fallbrook Enterprises, Inc. dba Fashion Cleaners, Docket No. 2006-1544-DCL-E on April 9, 2009 assessing $1,185 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Anna Cox, Staff Attorney at (512) 239-0600, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

A default order was entered regarding Sakina, Inc. dba Express Lane 26, Docket No. 2006-1770-PST-E on April 9, 2009 assessing $5,100 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Tracy Chandler, Staff Attorney at (512) 239-0600, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

A default order was entered regarding Alfredo C. Cruz, Docket No. 2006-1875-LII-E on April 9, 2009 assessing $625 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Tammy Mitchell, Staff Attorney at (512) 239-0736, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Alan Karl dba Coles Crossing, Docket No. 2007-0475-PWS-E on April 9, 2009 assessing $800 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting James Sallans, Staff Attorney at (512) 239-2053, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

A default order was entered regarding Don Burroughs Docket No. 2007-0805-MSW-E on April 9, 2009 assessing $1,050 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Barham Richard, Staff Attorney at (512) 239-0600, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Wayne Moerman dba XXX Dairy, Docket No. 2007-0957-AGR-E on April 9, 2009 assessing $1,600 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Lena Roberts, Staff Attorney at (512) 239-0019, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

A default order was entered regarding Quick & Convenience Pro - Victoria 1, L.L.C. dba Midway Truck Stop, Docket No. 2007-0976-PST-E on April 9, 2009 assessing $31,620 in administrative penalties.

An agreed order was entered regarding K-C Grain, LP, Docket No. 2007-1222-AIR-E on April 9, 2009 assessing $3,000 in administrative penalties with $600 deferred.

Information concerning any aspect of this order may be obtained by contacting Jorge Ibarra, Enforcement Coordinator at (817) 588-5890, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Messer Construction Co., Inc., Docket No. 2007-1331-AIR-E on April 9, 2009 assessing $50,000 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Becky Combs, Staff Attorney at (512) 239-6939, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding City of Rosebud, Docket No. 2007-1390-MWD-E on April 9, 2009 assessing $3,825 in administrative penalties with $765 deferred.

Information concerning any aspect of this order may be obtained by contacting Heather Brister, Enforcement Coordinator at (254) 761-3034, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Loveladdy Oil Company, Inc., Docket No. 2007-1536-PST-E on April 9, 2009 assessing $7,875 in administrative penalties with $6,675 deferred.

An agreed order was entered regarding Amin Makhani dba Corner Food Mart, Docket No. 2007-1603-PST-E on April 9, 2009 assessing $2,100 in administrative penalties.

An agreed order was entered regarding League City Paving Company, Inc., Docket No. 2007-1630-MLM-E on April 9, 2009 assessing $7,350 in administrative penalties.

A default order was entered regarding James Luckey and John Luckey, Docket No. 2007-1646-MLM-E on April 9, 2009 assessing $4,450 in administrative penalties.

An agreed order was entered regarding Stanley Burse, Docket No. 2007-1831-LII-E on April 9, 2009 assessing $594 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Jennifer Cook, Staff Attorney at (512) 239-1873, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

A default order was entered regarding Circle K Stores Inc., Docket No. 2007-1914-AIR-E on April 9, 2009 assessing $8,040 in administrative penalties.

A default order was entered regarding GAS2006 Partners, LP dba Hawk Cove Grocery, Docket No. 2007-1934-PST-E on April 9, 2009 assessing $19,900 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Stephanie Frazee, Staff Attorney at (512) 239-0600, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

A default order was entered regarding Corby Hicks, Docket No. 2007-1942-LII-E on April 9, 2009 assessing $500 in administrative penalties.

A default order was entered regarding Efrain Juarez, Docket No. 2008-0090-MSW-E on April 9, 2009 assessing $1,050 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Kari Gilbreth, Staff Attorney at (512) 239-1320, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

A default order was entered regarding Duke Pendergraft dba Pendergraft Stone, Docket No. 2008-0592-WQ-E on April 9, 2009 assessing $14,850 in administrative penalties.

An agreed order was entered regarding Pasadena Refining System, Inc, Docket No. 2008-0621-AIR-E on April 9, 2009 assessing $33,144 in administrative penalties with $6,628 deferred.

Information concerning any aspect of this order may be obtained by contacting Nadia Hameed, Enforcement Coordinator at (713) 767-3629, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Century Export Company, Inc. and Humberto Saldivar, Docket No. 2008-1008-WQ-E on April 9, 2009 assessing $1,070 in administrative penalties with $214 deferred.

Information concerning any aspect of this order may be obtained by contacting Steve Villatoro, Enforcement Coordinator at (512) 239-4930, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Union Tank Car Company, Docket No. 2008-1023-AIR-E on April 9, 2009 assessing $11,530 in administrative penalties with $2,306 deferred.

Information concerning any aspect of this order may be obtained by contacting Suzanne Walrath, Enforcement Coordinator at (512) 239-2134, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Albert Abusalah dba Braeswood Texaco, Docket No. 2008-1077-PST-E on April 9, 2009 assessing $12,500 in administrative penalties with $2,500 deferred.

Information concerning any aspect of this order may be obtained by contacting Elvia Maske, Enforcement Coordinator at (512) 239-0789, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Chevron Phillips Chemical Company LP, Docket No. 2008-1262-AIR-E on April 9, 2009 assessing $52,879 in administrative penalties with $10,575 deferred.

Information concerning any aspect of this order may be obtained by contacting James Nolan, Enforcement Coordinator at (512) 239-6634, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding E. I. du Pont de Nemours and Company, Docket No. 2008-1315-IWD-E on April 9, 2009 assessing $15,150 in administrative penalties with $3,030 deferred.

An agreed order was entered regarding South Texas Aggregates, Inc., Docket No. 2008-1352-EAQ-E on April 9, 2009 assessing $36,400 in administrative penalties with $7,280 deferred.

Information concerning any aspect of this order may be obtained by contacting Lauren Smitherman, Enforcement Coordinator at (512) 239-5223, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Ona Van Dorn, Docket No. 2008-1414-PST-E on April 9, 2009 assessing $2,625 in administrative penalties with $525 deferred.

Information concerning any aspect of this order may be obtained by contacting Michael Pace, Enforcement Coordinator at (817) 588-5933, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Huntsman Polymers Corporation N/K/A Huntsman Advanced Materials LLC, Docket No. 2008-1424-AIR-E on April 9, 2009 assessing $39,774 in administrative penalties with $7,954 deferred.

Information concerning any aspect of this order may be obtained by contacting Trina Grieco, Enforcement Coordinator at (210) 403-4006, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Se Young Corporation dba Family Mart, Docket No. 2008-1434-PST-E on April 9, 2009 assessing $6,271 in administrative penalties with $1,254 deferred.

Information concerning any aspect of this order may be obtained by contacting Cheryl Thompson, Enforcement Coordinator at (817) 588-5886, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Oxea Corporation, Docket No. 2008-1440-MLM-E on April 9, 2009 assessing $1,875 in administrative penalties with $375 deferred.

Information concerning any aspect of this order may be obtained by contacting Mike Meyer, Enforcement Coordinator at (512) 239-4492, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding ExxonMobil Oil Corporation, Docket No. 2008-1475-AIR-E on April 9, 2009 assessing $2,599 in administrative penalties with $519 deferred.

An agreed order was entered regarding Jose Perales, Docket No. 2008-1482-PST-E on April 9, 2009 assessing $3,675 in administrative penalties with $735 deferred.

An agreed order was entered regarding Extrusion Plus LLC, Docket No. 2008-1493-AIR-E on April 9, 2009 assessing $5,000 in administrative penalties with $1,000 deferred.

Information concerning any aspect of this order may be obtained by contacting Carlie Konkol, Enforcement Coordinator at (361) 825-3422, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Tiger Glenn Apartments, Inc., Docket No. 2008-1498-PST-E on April 9, 2009 assessing $2,625 in administrative penalties with $525 deferred.

Information concerning any aspect of this order may be obtained by contacting Steven Lopez, Enforcement Coordinator at (512) 239-1896, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Dale Risinger dba Loma Linda Water Supply, Docket No. 2008-1533-PWS-E on April 9, 2009 assessing $600 in administrative penalties with $120 deferred.

Information concerning any aspect of this order may be obtained by contacting John Shelton, Enforcement Coordinator at (512) 239-2563, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Bayer MaterialScience LLC, Docket No. 2008-1546-AIR-E on April 9, 2009 assessing $2,130 in administrative penalties with $426 deferred.

An agreed order was entered regarding TXI Operations, L.P., Docket No. 2008-1547-AIR-E on April 9, 2009 assessing $2,900 in administrative penalties with $580 deferred.

Information concerning any aspect of this order may be obtained by contacting Samuel Short, Enforcement Coordinator at (512) 239-5363, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Carmax Auto Superstores, Inc., Docket No. 2008-1569-AIR-E on April 9, 2009 assessing $3,000 in administrative penalties with $600 deferred.

Information concerning any aspect of this order may be obtained by contacting Roshondra Lowe, Enforcement Coordinator at (713) 767-3553, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Chevron Phillips Chemical Company LP, Docket No. 2008-1584-AIR-E on April 9, 2009 assessing $27,350 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Bryan Elliott, Enforcement Coordinator at (512) 239-6162, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Red River Redevelopment Authority, Docket No. 2008-1589-IWD-E on April 9, 2009 assessing $12,850 in administrative penalties with $2,570 deferred.

Information concerning any aspect of this order may be obtained by contacting Craig Fleming, Enforcement Coordinator at (512) 239-5806, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding NNY, Inc. dba A & I Food Store, Docket No. 2008-1592-PST-E on April 9, 2009 assessing $15,570 in administrative penalties with $3,114 deferred.

Information concerning any aspect of this order may be obtained by contacting Judy Kluge, Enforcement Coordinator at (817) 588-5825, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Cal Development, Inc. dba Scott Texaco, Docket No. 2008-1603-PST-E on April 9, 2009 assessing $12,646 in administrative penalties with $2,529 deferred.

Information concerning any aspect of this order may be obtained by contacting Brianna Carlson, Enforcement Coordinator at (956) 430-6021, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Mike Bowman dba Bowman's Mobile Tire Service, Docket No. 2008-1605-MSW-E on April 9, 2009 assessing $2,625 in administrative penalties with $525 deferred.

Information concerning any aspect of this order may be obtained by contacting Danielle Porras, Enforcement Coordinator at (512) 239-2602, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding INVISTA S.a.r.l., Docket No. 2008-1609-AIR-E on April 9, 2009 assessing $3,680 in administrative penalties with $736 deferred.

Information concerning any aspect of this order may be obtained by contacting Miriam Hall, Enforcement Coordinator at (512) 239-1044, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Gary Lane Nutt dba Nutt Feedyard, Docket No. 2008-1626-AGR-E on April 9, 2009 assessing $2,140 in administrative penalties with $428 deferred.

Information concerning any aspect of this order may be obtained by contacting Tom Jecha, Enforcement Coordinator at (512) 239-2576, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Advanced Hydrocarbon Corporation, Docket No. 2008-1627-MSW-E on April 9, 2009 assessing $1,050 in administrative penalties with $210 deferred.

An agreed order was entered regarding KNJ Enterprises Inc. dba Speedy Express 3, Docket No. 2008-1640-PST-E on April 9, 2009 assessing $20,195 in administrative penalties with $4,039 deferred.

An agreed order was entered regarding Nelson Bros. Ready Mix, Ltd., Docket No. 2008-1647-AIR-E on April 9, 2009 assessing $1,975 in administrative penalties with $395 deferred.

An agreed order was entered regarding Barr/Principle Builders, LLC, Docket No. 2008-1658-WQ-E on April 9, 2009 assessing $900 in administrative penalties with $180 deferred.

Information concerning any aspect of this order may be obtained by contacting Lanae Foard, Enforcement Coordinator at (512) 239-2554, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding City of San Antonio, Docket No. 2008-1672-EAQ-E on April 9, 2009 assessing $2,250 in administrative penalties with $450 deferred.

An agreed order was entered regarding City of Whitesboro, Docket No. 2008-1673-MWD-E on April 9, 2009 assessing $5,160 in administrative penalties with $1,032 deferred.

Information concerning any aspect of this order may be obtained by contacting Evette Alvarado, Enforcement Coordinator at (512) 239-2573, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding City of Point, Docket No. 2008-1715-MWD-E on April 9, 2009 assessing $11,524 in administrative penalties with $2,304 deferred.

An agreed order was entered regarding City of Itasca, Docket No. 2008-1729-MWD-E on April 9, 2009 assessing $4,580 in administrative penalties with $916 deferred.

An agreed order was entered regarding Forest Glen, Inc., Docket No. 2008-1754-MWD-E on April 9, 2009 assessing $4,485 in administrative penalties with $897 deferred.

An agreed order was entered regarding Dean Word Company, Ltd., Docket No. 2008-1765-WQ-E on April 9, 2009 assessing $17,250 in administrative penalties with $3,450 deferred.

Information concerning any aspect of this order may be obtained by contacting Harvey Wilson, Enforcement Coordinator at (512) 239-0321, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding City of Thornton, Docket No. 2008-1767-MWD-E on April 9, 2009 assessing $3,475 in administrative penalties with $695 deferred.

An agreed order was entered regarding Top New Wave, Inc. dba Riverside Shell, Docket No. 2008-1768-PST-E on April 9, 2009 assessing $9,692 in administrative penalties with $1,938 deferred.

An agreed order was entered regarding Insulfoam LLC, Docket No. 2008-1770-AIR-E on April 9, 2009 assessing $1,925 in administrative penalties with $385 deferred.

An agreed order was entered regarding Rip Griffin Truck Service Center, Inc., Docket No. 2008-1779-AIR-E on April 9, 2009 assessing $2,000 in administrative penalties with $400 deferred.

Information concerning any aspect of this order may be obtained by contacting Kirk Schoppe, Enforcement Coordinator at (512) 239-0489, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Dale K. Farrow dba Reclamation Contractors of Texas, Docket No. 2008-1785-WQ-E on April 9, 2009 assessing $3,600 in administrative penalties with $720 deferred.

Information concerning any aspect of this order may be obtained by contacting Audra Benoit, Enforcement Coordinator at 409-898-3838, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding SAVE N MORE CORPORATION dba Save One Stop, Docket No. 2008-1855-PST-E on April 9, 2009 assessing $2,414 in administrative penalties with $482 deferred.

An agreed order was entered regarding M. KASHMIRI MANAGEMENT, INC. dba Star Market, Docket No. 2008-1873-PST-E on April 9, 2009 assessing $3,073 in administrative penalties with $614 deferred.

An agreed order was entered regarding O'Donnell Oil & Butane Company, Inc., Docket No. 2008-1874-PST-E on April 9, 2009 assessing $3,710 in administrative penalties with $742 deferred.

An agreed order was entered regarding NILA AKASH ENTERPRISES, INC. dba Express Lane Food Mart, Docket No. 2008-1954-PST-E on April 9, 2009 assessing $2,721 in administrative penalties with $544 deferred.

An agreed order was entered regarding City of Electra, Docket No. 2009-0004-PWS-E on April 9, 2009 assessing $215 in administrative penalties with $43 deferred.

Information concerning any aspect of this order may be obtained by contacting Rebecca Clausewitz, Enforcement Coordinator at (210) 403-4012, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

A citation was entered regarding Crystal Falls Car Wash, Inc., Docket No. 2008-1550-PST-E on April 9, 2009 assessing $3,500 in administrative penalties.

Information concerning any aspect of this citation may be obtained by contacting Melissa Keller, SEP Coordinator at (512) 239-1768, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

A citation was entered regarding Charles L. Warren, Docket No. 2008-1594-WOC-E on April 9, 2009 assessing $210 in administrative penalties.

A citation was entered regarding Harlie G. Adams, Docket No. 2008-1689-WOC-E on April 9, 2009 assessing $210 in administrative penalties.

A citation was entered regarding Antonio T. Scolley, Docket No. 2008-1693-WOC-E on April 9, 2009 assessing $210 in administrative penalties.

A citation was entered regarding Tommy Raper, Docket No. 2008-1694-WOC-E on April 9, 2009 assessing $210 in administrative penalties.

A citation was entered regarding Mike L. Mayfield, Docket No. 2008-1698-WOC-E on April 9, 2009 assessing $175 in administrative penalties.

A citation was entered regarding James Oxford, Docket No. 2008-1757-WOC-E on April 9, 2009 assessing $210 in administrative penalties.

An order was entered regarding Issa Ahmad d/b/a/ Houston Mart, Docket No. 2005-1144-PST-E on April 9, 2009 assessing $2,250 in administrative penalties.

TRD-200901487

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: April 21, 2009

Notice of Opportunity to Comment on Agreed Orders of Administrative Enforcement Actions

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 June 1, 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 June 1, 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: Carrizo Waste, Inc.; DOCKET NUMBER: 2007-2011-MWD-E; TCEQ ID NUMBER: RN103729943; LOCATION: near the intersection of State Highway (SH) 21 and Carrizo Creek, approximately 1,000 feet south of SH 21, and approximately 3,800 feet west of Carrizo Creek, Nacogdoches County; TYPE OF FACILITY: wastewater treatment plant; RULES VIOLATED: 30 TAC §305.125(1) and §309.3(g)(2) and Texas Pollutant Discharge Elimination System (TPDES) Permit Number WQ00145100001, Effluent Limitations and Monitoring Requirements Numbers 1 and 2, by failing to comply with permitted effluent limitations; 30 TAC §305.125(17) and TPDES Permit Number WQ00145100001, Sludge Provisions, by failing to submit the annual sludge reports for the monitoring periods ending July 31st for the years 2005 - 2007; 30 TAC §30.350(j) and TPDES Permit Number WQ00145100001, Other Requirements Number 1, by failing to provide a licensed operator to operate the facility at least five days per week; 30 TAC §305.125(1) and §319.5(b), and TPDES Permit Number WQ00145100001, Effluent Limitations and Monitoring Requirements Numbers 1 and 2, by failing to collect samples and measure for each parameter at the minimum frequency specified in the permit; 30 TAC §319.11(d) and TPDES Permit Number WQ00145100001, Operational Requirements Number 5, by failing to properly install and maintain flow measurement equipment; 30 TAC §305.125(11)(B) and TPDES Permit Number WQ00145100001, Operational Requirements Numbers 5, by failing to properly install and maintain flow measurement equipment; 30 TAC §305.125(11)(B) and TPDES Permit Number WQ00145100001, Monitoring and Reporting Requirements Number 3.b., by failing to maintain monitoring and reporting records at the facility; 30 TAC §305.125(1), TWC, §26.121(a), and TPDES Permit Number WQ0014500001, Effluent Limitations and Monitoring Requirements Number 4, by failing to prevent the discharge and accumulations of excessive and floating solids into the receiving stream; 30 TAC §305.125(1), TWC, §26.121(a), and TPDES Permit Number WQ00145100001, Permit Conditions Number 2.d., by failing to prevent the discharge of partially treated sewage into the receiving stream; 30 TAC §305.125(9) and TPDES Permit Number WQ00145100001, Monitoring and Reporting Requirements Number 7.a., by failing to report to the TCEQ any noncompliance which may endanger human health or safety or the environment; 30 TAC §317.4(a)(8), by failing to install an air gap or backflow prevention device between the connection of a public water supply system and a wastewater treatment facility; 30 TAC §§305.125(1), 317.4(g)(4)(B)(iii), and 317.7(a), and TPDES Permit Number WQ00145100001, Operational Requirements Number 1, by failing to ensure that the facility and all of its treatment systems are properly operated and maintained; and 30 TAC §305.125(1) and §317.4(d)(2) and TPDES Permit Number WQ00145100001, Operational Requirements Number 1, by failing to ensure that the facility and all of its treatment systems are properly operated and maintained; PENALTY: $45,800; STAFF ATTORNEY: Kari Gilbreth, Litigation Division, MC 175, (512) 239-1320; REGIONAL OFFICE: Beaumont Regional Office, 3870 Eastex Freeway, Beaumont, Texas 77703-1830, (409) 898-3838.

(2) COMPANY: Charles E. Schram III; DOCKET NUMBER: 2008-1657-WOC-E; TCEQ ID NUMBER: RN105599187; LOCATION: Phantom Hill Circle, Lot 362, May, Brown County; TYPE OF FACILITY: public water system; RULES VIOLATED: 30 TAC §30.5(a) and §30.381(b), TWC, §37.003, and Texas Health and Safety Code (THSC), §341.034(b), by failing to have a valid, effective public water system operator license issued by the commission prior to performing process control duties for the production and distribution of drinking water; PENALTY: $1,992; STAFF ATTORNEY: Phillip Goodwin, Litigation Division, MC 175, (512) 239-0675; REGIONAL OFFICE: Abilene Regional Office, 1977 Industrial Boulevard, Abilene, Texas 79602-7833, (325) 698-9674.

(3) COMPANY: City of Gatesville; DOCKET NUMBER: 2009-0043-MWD-E; TCEQ ID NUMBER: RN101613685; LOCATION: 1,200 feet west of where SH 36 crosses Stillhouse Branch, Coryell County; TYPE OF FACILITY: wastewater treatment plant; RULES VIOLATED: TWC, §26.121(a), 30 TAC §305.125(4), TPDES Permit Number WQ0010176002, Permit Conditions Number 2.g., by failing to prevent an unauthorized discharge of wastewater into or adjacent to water in the State; PENALTY: $1,975; STAFF ATTORNEY: Jennifer Cook, Litigation Division, MC 175, (512) 239-1873; REGIONAL OFFICE: Waco Regional Office, 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

(4) COMPANY: City of Newark; DOCKET NUMBER: 2007-1065-MWD-E; TCEQ ID NUMBER: RN102287984; LOCATION: east bank of Derrett Creek immediately south of the Neward Beach Road Bridge, approximately 850 feet west of the intersection of Rogers Road and Berke Street, Newark, Wise County; TYPE OF FACILITY: wastewater treatment plant; RULES VIOLATED: 30 TAC §305.125(1), TWC, §26.121(a), TPDES Permit Number 11626001, Effluent Limitations and Monitoring Requirement Numbers 1 and 6, and TCEQ AO, Docket Number 2003-0014-MWD-E, by failing to comply with the permitted effluent limits for dissolved oxygen (DO), total suspended solids (TSS), and ammonia-nitrogen (NH₃ -N); PENALTY: $21,812, Supplemental Environmental Project offset amount of $21,812 applied to Texas Association of Resource Conservation and Development Areas, Inc. - Household Hazardous Waste Collection program; STAFF ATTORNEY: Gary Shiu, Litigation Division, MC R-12, (713) 422-8916; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(5) COMPANY: Derek Broussard dba Broussard Auto Parts & Repair; DOCKET NUMBER: 2007-0102-MLM-E; TCEQ ID NUMBER: RN100691674; LOCATION: 99 Green Avenue, Orange, Orange County; TYPE OF FACILITY: inactive auto repair station; RULES VIOLATED: 30 TAC §§334.47(a)(2), 334.54(b), and 334.54(d)(2), by failing to permanently remove from service, no later than 60 days after the prescribed implementation date, five underground storage tanks (USTs) for which any applicable component of the system is not brought into timely compliance with the upgrade requirements, or ensure that any residue from stored regulated substances which remained in the temporary out-of-service UST shall not exceed 2.5 centimeters at the deepest point and not exceed 0.3 percent by weight of the system at full capacity; 30 TAC §334.7(d)(3), by failing to provide an amended registration to the TCEQ for any change or additional information regarding USTs within 30 days of the date on which the owner or operator first became aware of the change or addition; 30 TAC §324.6 and 40 Code of Federal Regulations (CFR) §279.22(b) and (d), by failing to ensure that containers and aboveground tanks used to store used oil at the facility are in good condition (no severe rusting, apparent structural defects or deterioration), and not leaking, and by failing to, upon detection of a release of used oil to the environment, stop the release, contain the release, properly clean up and manage the release, and if necessary, repair/replace any leaking used oil storage containers prior to returning them to service; and 30 TAC §324.6 and 40 CFR §279.22(c)(1), by failing to properly label or mark used oil containers with the words "Used Oil;" PENALTY: $5,775; STAFF ATTORNEY: Peipey Tang, Litigation Division, MC 175, (512) 239-0654; REGIONAL OFFICE: Beaumont Regional Office, 3870 Eastex Freeway, Beaumont, Texas 77703-1830, (409) 898-3838.

(6) COMPANY: Ernest H. Muntz and Mary Muntz; DOCKET NUMBER: 2007-1254-PWS-E; TCEQ ID NUMBER: RN104913140 and RN101176162; LOCATION: 2.4 miles north of Highway 390 on the west side of United States (US) Highway 59, Marshall, Harrison County; TYPE OF FACILITY: public water supply; RULES VIOLATED: THSC, §341.034(b) and 30 TAC §30.381(b), by failing to obtain a valid public water system operator license prior to operating a public water system; and TCEQ Default Order (DO) 2004-1470-PWS-E, Ordering Provision Number 1, by failing to pay the $10,413 administrative penalty; PENALTY: $10,413; STAFF ATTORNEY: Gary Shiu, Litigation Division, MC R-12, (713) 422-8916; REGIONAL OFFICE: Tyler Regional Office, 2916 Teague Drive, Tyler, Texas 75701-3734, (903) 535-5100.

(7) COMPANY: Farah Chaudhry aka Nick Chaudhry dba Nicks Food Mart 2; DOCKET NUMBER: 2008-1035-PST-E; TCEQ ID NUMBER: RN102959814; LOCATION: 3003 Durst Street, Nacogdoches, Nacogdoches County; TYPE OF FACILITY: former convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.47(a)(2), by failing to permanently remove from service, no later than 60 days after the prescribed upgrade implementation date, two USTs for which any applicable component of the system is not brought into timely compliance with the upgrade requirements; and 30 TAC §334.7(d)(3), by failing to provide an amended registration for any change or additional information regarding the USTs within 30 days from the date of the occurrence of the change or addition; PENALTY: $5,985; STAFF ATTORNEY: Tammy Mitchell, Litigation Division, MC 175, (512) 239-0736; REGIONAL OFFICE: Beaumont Regional Office, 3870 Eastex Freeway, Beaumont, Texas 77703-1830, (409) 898-3838.

(8) COMPANY: Genesis Quality Aggregates, Ltd.; DOCKET NUMBER: 2008-1026-MLM-E; TCEQ ID NUMBER: RN105456040; LOCATION: 8035 North US Highway 277, Maverick County; TYPE OF FACILITY: sand and gravel processing plant; RULES VIOLATED: 30 TAC §116.110(a), and THSC, §382.085(b) and §382.0518(a), by failing to obtain authorization for a source of air emissions; 30 TAC §111.111(a)(8)(A) and THSC, §382.085(b), by failing to maintain visible emissions below the maximum allowable quantity of 30% opacity over a six minute average; and 30 TAC §281.25(a)(4) and 40 CFR §122.26(c), by failing to obtain authorization to discharge storm water associated with industrial activities; PENALTY: $5,000; STAFF ATTORNEY: Tommy Tucker Henson II, Litigation Division, MC 175, (512) 239-0946; REGIONAL OFFICE: Laredo Regional Office, 707 East Calton Road, Suite 304, Laredo, Texas 78041-3887, (956) 791-6611.

(9) COMPANY: Heiser Hollow Partners, LLC; DOCKET NUMBER: 2008-1360-EAQ-E; TCEQ ID NUMBER: RN105506901; LOCATION: approximately 1,600 feet east of Farm-to-Market (FM) 306 and FM 2673 intersection, Comal County; TYPE OF FACILITY: construction site; RULES VIOLATED: 30 TAC §213.23(a)(1), by failing to obtain approval of a Contributing Zone Plan prior to beginning construction of a regulated activity over the Edwards Aquifer Contributing Zone; PENALTY: $1,500; STAFF ATTORNEY: Becky Combs, Litigation Division, MC 175, (512) 6939; REGIONAL OFFICE: San Antonio Regional Office, 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.

(10) COMPANY: International Airport Square Investment, Ltd. dba Roadway Inn International Airport; DOCKET NUMBER: 2007-1014-MWD-E; TCEQ ID NUMBER: RN103915674; LOCATION: approximately 1,000 feet east of US Highway 59 and 2,000 feet southwest of the intersection of Will Clayton Parkway and US Highway 59, Harris County; TYPE OF FACILITY: wastewater treatment plant; RULES VIOLATED: 30 TAC §305.125(1) and TPDES Permit Number 14405001, Sludge Provisions Section II(E), by failing to provide and maintain the sludge management records; 30 TAC §319.7(c), by failing to provide and maintain the required records; 30 TAC §305.125(1) and TPDES Permit Number 14405001, Monitoring and Reporting Requirement Number 1, by failing to provide and maintain the required records; 30 TAC §305.125(1) and §317.6(b)(3)(B) and TPDES Permit Number 14405001, Effluent Limitations and Monitoring Requirements Number 2, by failing to design the contact chamber to provide a minimum average hydraulic residence time of 20 minutes at the design peak hydraulic flow; and 30 TAC §317.7(b), by failing to have railings that conform with guidelines contained in the Occupational Safety and Health Act, Paragraph 1910.23; PENALTY: $39,900; STAFF ATTORNEY: Kari Gilbreth, Litigation Division, MC 175, (512) 239-1320; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Street, Suite H, Houston, Texas 77023, (713) 767-3500.

(11) COMPANY: Joyce Carter dba PJ's One Stop; DOCKET NUMBER: 2008-1278-PST-E; TCEQ ID NUMBER: RN101844512; LOCATION: 5437 FM Road 565 North, Baytown, Chambers County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §115.246(6) and THSC, §382.085(b), by failing to maintain Stage II records at the station and make them immediately available for inspection upon request by commission personnel; 30 TAC §115.242(9) and THSC, §382.085(b), by failing to post operating instructions conspicuously on the front of each gasoline dispensing pump equipped with a Stage II vapor space manifolding and dynamic back pressure at least once every 36 months or upon major system replacement or modification, whichever occurs first; 30 TAC §334.10(b), by failing to maintain the required UST records and make them immediately available for the inspection upon request by agency personnel; 30 TAC §334.8(c)(4)(A)(vii) and (5)(B)(ii), by failing to timely renew a previously issued UST delivery certificate by submitting a properly completed UST registration and self-certification form at least 30 days before the expiration date; 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; 30 TAC §334.50(b)(2) and TWC, §26.3475(a), by failing to provide release detection for the piping associated with the USTs; 30 TAC §334.50(b)(2)(A)(i)(III) and TWC, §26.3475(a), by failing to test the line leak detectors at least once per year for performance and operational reliability; 30 TAC §334.50(d)(1)(B)(ii) and TWC, §26.3475(c)(1), by failing to conduct reconciliation of detailed inventory control records at least once each month, sufficiently accurate to detect a release which equals or exceeds the sum of 1.0% of the total substance flow-through for the month plus 130 gallons; 30 TAC §334.50(d)(4)(A)(i) and TWC, §26.3475(c)(1), by failing to conduct inventory volume measurements for regulated substance inputs, withdrawals, and the amount still remaining in the tank each operating day, 30 TAC §334.50(d)(4)(A)(ii)(II) and TWC, §26.3475(c)(1), by failing to perform an automatic test for substance loss that can detect a release which equals or exceeds a rate of 0.2 gallons per hour from any portion of the tank which contains regulated substances; and 30 TAC §334.48(c), by failing to conduct effective manual or automatic inventory control procedures for all USTs involved in the retail sale of petroleum substances used as motor fuel each operating day; PENALTY: $13,092; STAFF ATTORNEY: Phillip Goodwin, Litigation Division, MC 175, (512) 239-0675; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Street, Suite H, Houston, Texas 77023, (713) 767-3500.

(12) COMPANY: Moss Lake Water Supply Corporation; DOCKET NUMBER: 2006-0743-MLM-E; TCEQ ID NUMBER: RN102675170 and RN101274314; LOCATION: north of Moss Lake on Spur 1201 and Northridge Drive, Cooke County; TYPE OF FACILITY: retail public water utility and public water system; RULES VIOLATED: TCEQ AO, Docket Number 2004-0450-PWS-E, Ordering Provision 2.f. and 30 TAC §290.41(c)(1)(F), by failing to have a sanitary control easement covering all property within 150 feet of the well; TCEQ AO, Docket Number 2004-0450-PWS-E, Ordering Provision 2.h., 30 TAC §290.45(b)(1)(C)(ii), and THSC, §341.0315, by failing to provide a minimum total storage capacity of 200 gallons per connection for a public water system having 50 to 250 connections; 30 TAC §290.42(e)(5), by failing to provide a housed and locked enclosure for hypochlorinator solution containers and pumps, to protect them from vandalism and adverse weather conditions; 30 TAC §290.43(c)(4), by failing to equip the ground storage tank with a water level indicator located at the tank site; 30 TAC §290.43(d)(3), by failing to equip all air compressor injection lines for pressure tanks with a filter or other device to prevent compressor lubricants and other contaminants from entering the pressure tank; 30 TAC §290.46(d)(2)(A), by failing to maintain the residual disinfectant concentration within the farthest reaches of the distribution system at a minimum of 0.2 milligrams/Liter (mg/L) free chlorine as required; 30 TAC §290.46(j), by failing to complete a customer service inspection certification prior to providing continuous water service to new construction or on any existing service; 30 TAC §290.46(m)(1), by failing to inspect the pressure tank annually; 30 TAC §290.121(a), by failing to maintain a monitoring plan; 30 TAC §290.46(m)(4), by failing to maintain all distribution system lines and related appurtenances in a watertight condition; and TCEQ AO, Docket Number 2004-0450-PWS-E, Ordering Provision 2.c.ii, 30 TAC §291.93(3), TWC, §13.139(d), by failing to provide a written planning report to the executive director for a utility possessing a certificate of convenience and necessity that has reached or exceeded 85% of its capacity; PENALTY: $4,453; STAFF ATTORNEY: Dinniah Chahin, Litigation Division, MC 175, (512) 239-0617; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(13) COMPANY: Olmito Water Supply Corporation; DOCKET NUMBER: 2007-0686-MWD-E; TCEQ ID NUMBER: RN103888004; LOCATION: northeast of Olmito, approximately 9,200 feet south of SH 100 and 6,600 feet east of FM Road 803, Cameron County; TYPE OF FACILITY: wastewater treatment facility; RULES VIOLATED: 30 TAC §305.125(1), TWC, §26.121(a), TPDES Permit Number WQ0013817001, Effluent Limitations and Monitoring Requirements Numbers 1 and 2, and TCEQ AO Docket Number 2005-0853-MWD-E, by failing to comply with the permitted effluent limits; PENALTY: $8,800; STAFF ATTORNEY: Gary Shiu, Litigation Division, MC R-12, (713) 422-8916; REGIONAL OFFICE: Harlingen Regional Office, 1804 West Jefferson Avenue, Harlingen, Texas 78550-5247.

(14) COMPANY: Patriot Car Wash LLC; DOCKET NUMBER: 2008-0235-WQ-E; TCEQ ID NUMBER: RN104633680; LOCATION: 1815 Ranch Road 620 North, Lakeway, Travis County; TYPE OF FACILITY: car wash, which is authorized to reuse industrial reclaimed water; RULES VIOLATED: 30 TAC §210.56(f)(3), by failing to cease irrigating with industrial reclaimed wastewater when the ground was saturated; PENALTY: $1,070; STAFF ATTORNEY: Benjamin Thompson, Litigation Division, MC 175, (512) 239-1297; REGIONAL OFFICE: Austin Regional Office, 2800 South Interstate Highway 35, Suite 100, Austin, Texas 78704-5712, (512) 339-2929.

(15) COMPANY: Price Construction, LTD; DOCKET NUMBER: 2007-0876-AIR-E; TCEQ ID NUMBER: RN102743747; LOCATION: 2538 Broadbent Avenue, Del Rio, Val Verde County; TYPE OF FACILITY: portable asphalt plant; RULES VIOLATED: 30 TAC §101.201(e) and THSC, §382.085(b), by failing to notify the TCEQ of an excess opacity event; and 30 TAC §111.111(a)(8)(A) and THSC, §382.085(b), by allowing excess opacity emissions; PENALTY: $5,145; STAFF ATTORNEY: Anna Cox, Litigation Division, MC 175, (512) 239-0974; REGIONAL OFFICE: Laredo Regional Office, 707 East Calton Road, Suite 304, Laredo, Texas 78041-3887, (956) 791-6611.

(16) COMPANY: Tarek Khalaf; DOCKET NUMBER: 2008-0789-PST-E; TCEQ ID NUMBER: RN101869709; LOCATION: 1801 Highway 16 South, Graham, Young County; TYPE OF FACILITY: four inactive USTs; RULES VIOLATED: 30 TAC §334.7(d)(3), by failing to notify the agency of any change or additional information regarding the USTs within 30 days of occurrence of the change or addition; and 30 TAC §334.47(a)(2) and §334.54(b)(2), by failing to permanently remove from service, no later than 60 days after the prescribed upgrade implementation date, a UST system for which any applicable component of the system is not brought into timely compliance with the upgrade requirements, and by failing to maintain all piping, pump, manways, tank access points and ancillary equipment in a capped, plugged, locked and/or otherwise secured manner to prevent access, tampering or vandalism by unauthorized persons; PENALTY: $6,300; STAFF ATTORNEY: Tommy Tucker Henson II, Litigation Division, MC 175, (512) 239-0946; REGIONAL OFFICE: Abilene Regional Office, 1977 Industrial Boulevard, Abilene, Texas 79602-7833, (325) 698-9674.

(17) COMPANY: Tony Hutcheson dba Elm Grove Mobile Home Park; DOCKET NUMBER: 2007-1911-PWS-E; TCEQ ID NUMBER: RN101438380; LOCATION: 2201 Research Boulevard, Lubbock, Lubbock County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.109(c)(2)(A)(ii) and §290.122(c)(2)(A) and THSC, §341.033(d), by failing to collect water samples for bacteriological analysis during the months of September 2006 and February - May 2007, and by failing to provide public notification of the failure to sample during the months of September 2006, February 2007, and March 2007; and 30 TAC §290.51(a)(3), by failing to pay all annual and late Public Health Service fees for TCEQ Financial Administration Account Number 91520156 for Fiscal Years 2001 - 2007; PENALTY: $2,062; STAFF ATTORNEY: Tommy Tucker Henson II, Litigation Division, MC 175, (512) 239-0946; REGIONAL OFFICE: Lubbock Regional Office, 5012 50th Street, Suite 100, Lubbock, Texas 79414-3520, (806) 796-7092.

TRD-200901492

Kathleen C. Decker

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: April 21, 2009

Notice of Opportunity to Comment on Default Orders of Administrative Enforcement Actions

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 June 1, 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 June 1, 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: Gulf, Colorado & San Saba Railway Corporation; DOCKET NUMBER: 2008-1566-WR-E; TCEQ ID NUMBER: RN105575674; LOCATION: approximately four miles northwest of the City of Lometa, Lampasas County; TYPE OF FACILITY: earthen embankment that serves as a railroad bridge; RULES VIOLATED: 30 TAC §297.11 and TWC, §11.121, by failing to obtain appropriate authorization prior to storing or diverting state water associated with the impoundment it created when it constructed an embankment to replace a railroad bridge over Cottonwood Branch; PENALTY: $2,000; STAFF ATTORNEY: Jim Sallans, Litigation Division, MC 175, (512) 239-2053; REGIONAL OFFICE: Waco Regional Office, 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

(2) COMPANY: Highland Park Water Supply Corporation; DOCKET NUMBER: 2008-1488-PWS-E; TCEQ ID NUMBER: RN101254407; LOCATION: approximately 1/2 mile northwest of the intersection of County Road (CR) 3590 and 3570 on CR 3590 near Valley Mills, Bosque County; TYPE OF FACILITY: public water system; RULES VIOLATED: 30 TAC §290.45(b)(1)(C)(i) and Texas Health and Safety Code (THSC), §341.0315(c), by failing to provide a well capacity of 0.6 gallons per minute (gpm) per connection at each pump station or pressure plane; 30 TAC §290.45(b)(1)(C)(iii) and THSC, §341.0315(c), by failing to provide two or more pumps having a total capacity of 2.0 gpm per connection at each pump station or pressure plane; 30 TAC §290.41(c)(1)(F), by failing to provide a sanitary control easement covering all land within 150 feet of the well; 30 TAC §290.46(n)(3), by failing to maintain copies of well completion data such as well material setting data, geological log, scaling information (pressure cementing and surface protection), disinfection, information, microbiological sample results, and a chemical analysis report of a representative sample of water from the well kept on file as long as the well remains in service; 30 TAC §290.46(m)(1)(A), by failing to perform an annual inspection of the facility's ground storage tank; 30 TAC §290.46(m)(1)(B), by failing to conduct an annual inspection of the water facility's pressure tank; 30 TAC §290.46(s)(1), by failing to calibrate the water facility's well meter at least once every three years; and 30 TAC §290.46(t), by failing to maintain a legible sign at each production, treatment, and storage facility that includes the name of the water supply and an emergency telephone number where a responsible official can be contacted; PENALTY: $1,008; STAFF ATTORNEY: Kari Gilbreth, Litigation Division, MC 175, (512) 239-1320; REGIONAL OFFICE: Waco Regional Office, 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

(3) COMPANY: Jason Rustman; DOCKET NUMBER: 2008-1514-WQ-E; TCEQ ID NUMBER: RN105457766; LOCATION: 3200 Wasson Road, Big Spring, Howard County; TYPE OF FACILITY: construction site for a horse arena and parking lot; RULES VIOLATED: 30 TAC §281.25(a)(4) and 40 Code of Federal Regulations (40 CFR) Part 122.26(c), by failing to obtain authorization to discharge storm water associated with construction activities under a Texas Pollutant Discharge Elimination System (TPDES) Construction General permit; PENALTY: $2,100; STAFF ATTORNEY: Jim Sallans, Litigation Division, MC 175, (512) 239-2053; REGIONAL OFFICE: San Angelo Regional Office, 622 South Oakes, Suite K, San Angelo, Texas 76903-7013, (915) 655-9479.

(4) COMPANY: Joe Ben Wolf; DOCKET NUMBER: 2008-0398-PST-E; TCEQ ID NUMBER: RN101863165; LOCATION: Highway 149, Longview, Gregg County; TYPE OF FACILITY: property; RULES VIOLATED: 30 TAC §334.47(a)(2), by failing to permanently remove from service, no later than 60 days after the prescribed upgrade implementation date, two underground storage tanks (USTs) for which any applicable component of the system is not brought into timely compliance with the upgrade requirements; and 30 TAC §334.7(d)(3), by failing to notify the agency of any change or additional information regarding the USTs within 30 days of the occurrence of the change; PENALTY: $11,550; STAFF ATTORNEY: Rudy Calderon, Litigation Division, MC 175, (512) 239-0265; REGIONAL OFFICE: Tyler Regional Office, 2916 Teague Drive, Tyler, Texas 75701-3734, (903) 535-5100.

(5) COMPANY: Joel Garza; DOCKET NUMBER: 2007-1830-MLM-E; TCEQ ID NUMBER: RN105078810; LOCATION: 17900 Citrus Drive, Edinburg, Hildago County; TYPE OF FACILITY: unauthorized municipal solid waste disposal site; RULES VIOLATED: 30 TAC §111.201 and THSC, §382.085(b), by failing to comply with the general prohibition on outdoor burning by burning approximately ten cubic yards of municipal solid waste, including treated wood, sheetrock, foam insulation, five gallon buckets, wiring, paper, roofing shingles, and cardboard at the site; and 30 TAC §330.15(c), by failing to prevent the unauthorized disposal of municipal solid waste by allowing 30 cubic yards of municipal solid waste, including treated wood, sheetrock, foam insulation, five gallon buckets, wiring, paper, roofing shingles, and cardboard, to be disposed of at the site; PENALTY: $2,370; STAFF ATTORNEY: Rudy Calderon, Litigation Division, MC 175, (512) 239-0265; REGIONAL OFFICE: Harlingen Regional Office, 1804 West Jefferson Avenue, Harlingen, Texas 78550-5247, (956) 425-6010.

(6) COMPANY: Martha Chapman aka Martha K. Chapman; DOCKET NUMBER: 2008-0986-PST-E; TCEQ ID NUMBER: RN102896404; LOCATION: 24802 Ima Ruth Parkway, San Antonio, Bexar County; TYPE OF FACILITY: former retail gasoline station; RULES VIOLATED: 30 TAC §334.7(a)(1)(A), by failing to register USTs with the commission; and 30 TAC §334.47(a)(2), by failing to permanently remove from service no later than 60 days after the prescribed upgrade implementation date, two USTs for which any applicable component of the system is not brought into timely compliance with the upgrade requirements; PENALTY: $16,000; STAFF ATTORNEY: Tammy Mitchell, Litigation Division, MC 175, (512) 239-0736; REGIONAL OFFICE: San Antonio Regional Office, 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.

(7) COMPANY: Mohammad Rafiul Habib dba South Buckner Food Mart; DOCKET NUMBER: 2006-0798-PST-E; TCEQ ID NUMBER: RN101543494; LOCATION: 521 South Buckner Boulevard, Dallas, Dallas 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; 30 TAC §334.48(c), by failing to conduct effective manual or automatic inventory control procedures for all USTs involved in the retail sale of petroleum substances used as motor fuel; and 30 TAC §334.22(a) and TWC, §5.702, by failing to pay outstanding UST fees and associated late fees for TCEQ Financial Account Number 0060105U for Fiscal Years 2004 - 2007; PENALTY: $3,885; STAFF ATTORNEY: Kari Gilbreth, Litigation Division, MC 175, (512) 239-1320; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(8) COMPANY: New Star Holdings, L.L.C. dba Friendswood Texaco 106 aka Friendswood Shell and Northstar Equities, Inc.; DOCKET NUMBER: 2008-0879-PST-E; TCEQ ID NUMBER: RN101803757; LOCATION: 4550 Farm-to-Market Road 2351, Friendswood, Harris County; TYPE OF FACILITY: convenience station with retail sales of gasoline; RULES VIOLATED: 30 TAC §115.246(5) and THSC, §382.085(b), by failing to maintain Stage II records at the station and make them available for inspection upon request by agency personnel; 30 TAC §115.242(1)(C), (3)(L), and THSC, §382.085(b), by failing to upgrade the Stage II equipment to onboard refueling vapor recovery compatible systems, and by failing to maintain the Stage II vapor recovery system in proper operating condition as specified by the manufacturer and/or any applicable California Air Resources Board Executive Order, and free of defects that would impair the effectiveness of the system; 30 TAC §115.248(2) and THSC, §382.085(b), by failing to ensure that at least one station representative receives training and instruction in the operation and maintenance of the Stage II vapor recovery system within three months of departure of the previously trained employee; 30 TAC §334.8(c)(4)(A)(vii) and (5)(B)(ii), by failing to timely renew a previously issued UST delivery certificate by submitting a properly completed UST registration and self-certification form at least 30 days before the expiration date; 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; PENALTY: $4,725; STAFF ATTORNEY: Peipey Tang, Litigation Division, MC 175, (512) 239-0654; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(9) COMPANY: Richard Billings dba Oak Hill Ranch Water Company; DOCKET NUMBER: 2008-1651-PWS-E; TCEQ ID NUMBER: RN101209914; LOCATION: 234 Sandy Oaks Drive, Sequin, Guadalupe County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.271(b) and §290.274(a) and (c), by failing to mail or directly deliver one copy of the Consumer Confidence Report (CCR) and certification that the CCR has been distributed to the customers of the facility and that the information in the CCR is correct and consistent with compliance monitoring data to the TCEQ by July 1st of each year; and 30 TAC §290.51(a)(6) and TWC, §5.702, by failing to pay all annual and late Public Health Services fees for TCEQ Financial Administration Account Number 90940085 for Fiscal Years 1993 - 2008 to the TCEQ in a timely manner; PENALTY: $669; STAFF ATTORNEY: Peipey Tang, Litigation Division, MC 175, (512) 239-0654; REGIONAL OFFICE: San Antonio Regional Office, 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.

(10) COMPANY: Roberto Lugo; DOCKET NUMBER: 2007-1697-LII-E; TCEQ ID NUMBER: RN105314231; LOCATION: 1624 Mary Street, Corpus Christi, Nueces County; TYPE OF FACILITY: landscape irrigation business; RULES VIOLATED: 30 TAC §30.5(b) and §344.4(a), TWC, §37.003, and Texas Occupancy Code §1903.251, by failing to possess a license or registration prior to advertising or representing to the public that services, for which a license or registration is required, can be performed; PENALTY: $262; STAFF ATTORNEY: Rudy Calderon, Litigation Division, MC 175, (512) 239-0265; REGIONAL OFFICE: Corpus Christi Regional Office, 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5839, (361) 825-3100.

TRD-200901493

Kathleen C. Decker

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: April 21, 2009

Notice of Opportunity to Comment on Shut Down/Default Orders of Administrative Enforcement Actions

The Texas Commission on Environmental Quality (commission) staff is providing an opportunity for written public comment on the listed Shutdown/Default Orders (S/DOs). Texas Water Code (TWC), §26.3475 authorizes the commission to order the shutdown of any underground storage tank (UST) system found to be noncompliant with release detection, spill and overfill prevention, and/or, after December 22, 1998, cathodic protection regulations of the commission, until such time as the owner/operator brings the UST system into compliance with those regulations. The commission proposes a Shutdown Order after the owner or operator of a UST facility fails to perform required corrective actions within 30 days after receiving notice of the release detection, spill and overfill prevention, and/or, after December 22, 1998, cathodic protection violations documented at the facility. The commission proposes a Default Order when the staff has sent an executive director's preliminary report and petition (EDPRP) to an entity outlining the alleged violations; the proposed penalty; and the proposed technical requirements necessary to bring the entity back into compliance; and the entity fails to request a hearing on the matter within 20 days of its receipt of the EDPRP or requests a hearing and fails to participate at the hearing. In accordance with TWC, §7.075, this notice of the proposed order and the opportunity to comment is published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is June 1, 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.

Copies of each of the proposed S/DO is available for public inspection at both the commission's central office, located at 12100 Park 35 Circle, Building A, 3rd Floor, Austin, Texas 78753, (512) 239-3400 and at the applicable regional office listed as follows. Written comments about the S/DO shall be sent to the attorney designated for the S/DO at the commission's central office at P.O. Box 13087, MC 175, Austin, Texas 78711-3087 and must be received by 5:00 p.m. on June 1, 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: Jesus Rivera dba El Burrito Stop N Go; DOCKET NUMBER: 2008-1572-PST-E; TCEQ ID NUMBER: RN105574321; LOCATION: 1216 West Veterans Boulevard, Palmview, Hidalgo County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.8(c)(4)(A)(vi)(I), (B), and (5)(B)(i), by failing to obtain a UST delivery certificate by submitting a properly completed UST registration and self-certification form to the agency in a timely manner; 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; 30 TAC §37.815(a) and (b), by failing to demonstrate acceptable financial assurance for taking corrective action and for compensating third parties for bodily injury and property damage caused by accidental releases arising from the operation of petroleum USTs; and 30 TAC §334.50(b)(1)(A) and (d)(1)(B)(ii) and TWC, §26.3475(c)(1), by failing to monitor USTs for releases at a frequency of at least once every month (not to exceed 35 days between each monitoring) and by failing to conduct reconciliation of detailed inventory control records at least once each month, sufficiently accurate to detect a release as small as the sum of 1.0% of the total substance flow-through for the month plus 130 gallons; PENALTY: $7,365; STAFF ATTORNEY: Tommy Tucker Henson II, Litigation Division, MC 175, (512) 239-0946; REGIONAL OFFICE: Harlingen Regional Office, 1804 West Jefferson Avenue, Harlingen, Texas 78550-5247, (956) 425-6010.

(2) COMPANY: Robert McAdams; DOCKET NUMBER: 2008-1490-PST-E; TCEQ ID NUMBER: RN102488780; LOCATION: 14758 Farm-to-Market Road 59, Athens, Henderson County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: TWC, §26.3475(d), 30 TAC §334.49(a), and TCEQ Agreed Order (AO), Docket Number 2005-1850-PST-E, Ordering Provision Number 2.b.i, by failing to provide proper corrosion protection for the UST system; 30 TAC §37.815(a) and (b) and TCEQ AO, Docket Number 2005-1850-PST-E Ordering Provisions Number 2.b.ii, 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 the petroleum USTs; TWC, §26.3475(c)(1), 30 TAC §334.50(b)(1)(A), and TCEQ AO, Docket Number 2005-1850-PST-E Ordering Provision Number 2.b.iii, by failing to provide proper release detection for the UST system; 30 TAC §334.7(d)(3), by failing to provide written notice of any change or additional information to the agency within 30 days from the date of the occurrence of the change or addition; and TWC, §5.702, 30 TAC §334.22(a), and TCEQ AO, Docket Number 2005-1850-PST-E Ordering Provision Number 2.a, by failing to pay UST fees for TCEQ Financial Account Number 0055137U and associated late fees for Fiscal Years 2003 - 2007; PENALTY: $46,145; STAFF ATTORNEY: Stephanie J. Frazee, Litigation Division, MC 175, (512) 239-3693; REGIONAL OFFICE: Tyler Regional Office, 2916 Teague Drive, Tyler, Texas 75701-3734, (903) 535-5100.

TRD-200901494

Kathleen C. Decker

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: April 21, 2009

Notice of Water Quality Applications

The following notices were issued during the period of March 30, 2009 through April 9, 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 MISSION has applied for a renewal of TPDES Permit No. WQ0010484001 which authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 9,000,000 gallons per day. The facility is located south of the City of Mission, approximately 1,000 feet southwest of the intersection of Farm-to-Market Road 1016 and U.S. Highway 83 in Hidalgo County, Texas.

CITY OF BENJAMIN has applied for a renewal of Permit No. WQ0011162001, which authorizes the disposal of treated domestic wastewater at a daily average flow not to exceed 42,500 gallons per day via surface irrigation of 10.5 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 south of the City of Benjamin, approximately 0.75 mile south of the intersection of U.S. Highway 82 and State Highway 6 and approximately 800 feet west of State Highway 6 in Knox County, Texas.

LONE STAR INDUSTRIES INC. which operates Maryneal Cement Plant, a Portland and masonry cement manufacturer has applied for a renewal of TPDES Permit No. WQ0003905000, which authorizes the discharge of utility wastewaters and storm water on an intermittent and flow variable basis via Outfall 001, and the discharge of storm water runoff on an intermittent and flow variable basis via Outfall 002. The facility is located one mile northwest of the intersection of Farm-to-Market Road 608 and Farm-to-Market Road 1170, approximately 0.7 miles northwest of the City of Maryneal, Nolan County, Texas.

HALLIBURTON ENERGY SERVICES INC. which operates the Northbelt Facility, a multi-building complex that includes administrative offices; a training center; cafeteria; several after-market service repair centers; analytical, product testing and research and development laboratories; and manufacturing and assembly operations for oil and gas field industry, has applied for a renewal of TPDES Permit No. WQ0004624000, which authorizes the discharge of treated domestic wastewater, cooling tower blowdown, laboratory wash water, process wastewater, and sensor wash water at a daily average flow not to exceed 70,000 gallons per day via Outfall 001. The facility is located approximately one mile south of Bush Intercontinental Airport and one mile east of Aldine Westfield Road and 0.5 miles west of John Kennedy Boulevard, Harris County, Texas.

BELL COUNTY WATER CONTROL AND IMPROVEMENT DISTRICT NO. 1 has applied for a renewal of TPDES Permit No. WQ0010351002 which authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 18,000,000 gallons per day. The facility is located approximately 0.75 mile north of the intersection of Farm-to-Market Road 2410 and U.S. Highway 190, adjacent to and west of Farm-to-Market Road 2410 in the City of Killeen in Bell County, Texas.

CITY OF KNOX CITY has applied to the Texas Commission on Environmental Quality (TCEQ) for a renewal of TPDES Permit No. WQ0010416001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 200,000 gallons per day. The facility is located approximately 0.5 mile north of the intersection of Farm-to-Market Road 143 and State Highway 6, on the eastern bank of China Branch in Knox County, Texas.

CITY OF HEMPSTEAD has applied for a renewal of TPDES Permit No. WQ0010948001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 600,000 gallons per day. The facility is located at the intersection of 23rd Street and Hamilton Street, approximately 1.5 miles southwest of the intersection of U.S. Highway 290 and State Highways 6 and 159 in Waller County, Texas.

BELL COUNTY WATER CONTROL AND IMPROVEMENT has applied for a renewal of TPDES Permit No. WQ0011091001 which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 80,000 gallons per day. The facility is located immediately east of the Missouri-Kansas-Texas Railroad, approximately 2000 feet south of Farm-to-Market Road 436 in Bell County, Texas.

SPECIAL CAMPS FOR SPECIAL KIDS has applied for a major amendment to TPDES Permit No. WQ0013536001 to authorize the relocation of the point of discharge. The existing permit authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 27,500 gallons per day. The facility is located approximately six miles east of Meridian and approximately thirteen miles north of Clifton in Bosque County, Texas.

TEXAS DEPARTMENT OF CRIMINAL JUSTICE has applied for a renewal of TPDES Permit No. WQ0013743001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 500,000 gallons per day. The facility is located within the Texas Department of Criminal Justice Pack Unit property, approximately 2,400 feet west-southwest of the intersection of the prison service road with Farm-to-Market Road 1227, approximately 3.5 miles south of the City of Navasota in Grimes County, Texas.

FORT BEND COUNTY MUNICIPAL UTILITY DISTRICT NO. 131 has applied for a renewal of TPDES Permit No. WQ0014197001 which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 480,000 gallons per day. The facility is located at 236 Kestrel Lane, approximately 3.5 miles south of the intersection of State Highway 6 and Farm-to-Market Road 521, in Rosharon, in Fort Bend 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-200901486

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: April 21, 2009

Notice of Water Quality Applications

The following notices were issued during the period of April 9, 2009 through April 16, 2009.

INFORMATION SECTION

LUMINANT GENERATION COMPANY, LLC which operates the Morgan Creek Steam Electric Station, has applied for a major amendment to TPDES Permit No. WQ0000554000 to request the removal of Total Aluminum limitations and requirements at Outfall 001 based site specific data; and the addition of a new waste streams via Outfall 002. The current permit authorizes the discharge of once through cooling water at a daily average flow not to exceed 360,000,000 gallons per day via Outfall 001; once through cooling water and previously monitored effluents (Outfall 102) at a daily average flow not to exceed 720,000,000 gallons per day via Outfall 002. The facility is located at 3177 State Highway 163, on the east shore of the Lake Colorado City on State Highway 163, approximately five miles southwest of the City of Colorado City, Mitchell County, Texas.

EXTEX LAPORTE LIMITED PARTNERSHIP which operates the Mountain Creek Steam Electric Station, a steam electric power generating facility, has applied for a renewal of TPDES Permit No. WQ0001250000, which authorizes the discharge of once-through cooling water and previously monitored effluent (low volume wastes and storm water) at a daily average flow not to exceed 927,000,000 gallons per day via Outfall 001; low volume waste and storm water runoff (from yard drains and diked oil storage areas) on a flow variable basis via Outfall 002; and storm water from the diked oil storage area on an intermittent and flow variable basis via Outfall 003. The facility is located at 2233-A, Mountain Creek Parkway in the City of Dallas, Dallas County, Texas.

TRADINGHOUSE POWER COMPANY LLC AND LUMINANT GENERATION COMPANY LLC which operates the Tradinghouse Creek Steam Electric Station, have applied for a renewal of TPDES Permit No. WQ0001267000, which authorizes the discharge of once-through cooling water and previously monitored effluent (low volume wastes, storm water and metal cleaning wastes) at a daily average flow not to exceed 1,056,000,000 gallons per day via Outfall 001; and storm water runoff from diked storage areas on an intermittent and flow variable basis via Outfall 002. The facility is located at 1868 Lake Felton Parkway, adjacent to Farm-to-Market Road 2957, approximately 11.5 miles east of the City of Waco, McLennan County, Texas.

SOUTHWESTERN ELECTRIC POWER COMPANY which operates the AEP Wilkes Power Plant, a steam electric power generating facility, has applied for a renewal of TPDES Permit No. WQ0001331000, which authorizes the discharge of cooling pond water on an intermittent and flow variable basis via Outfall 001, once-through cooling water at a daily average flow not to exceed 550,000,000 gallons per day via Outfall 002, low volume waste sources on a flow variable basis via Outfall 101, and metal cleaning wastes on a flow variable basis via Outfall 003. The facility is located adjacent to Johnson Creek Reservoir, approximately three miles northwest of the intersection of State Highway 49 and State Highway 1969, approximately five miles south of the City of Avinger, Marion County, Texas.

ARKEMA INC. which operates a remediation site that includes a former agriculture chemicals formulating plant and Finfeather Lake, has applied for a renewal of TPDES Permit No. WQ0001393000, which authorizes the discharge of storm water associated with industrial activity on an intermittent and flow variable basis via Outfalls 001, 003, and 004. The facility is located at 201 West Dodge Street in Bryan, Brazos County, Texas.

DECORDOVA POWER COMPANY LLC AND LUMINANT GENERATION COMPANY LLC which operates the DeCordova Steam Electric Station, have applied for a renewal of TPDES Permit No. WQ0001481000, which authorizes the discharge of once-through cooling water and perviously monitored effluents (low volume wastes, storm water runoff ((yard drains and diked oil storage area), metal cleaning wastes) at a daily average flow not to exceed 1,041,480,000 gallons per day via Outfall 001. The facility is located on the southwest shore of Lake Grandbury along County Road 312, approximately seven miles southeast of the intersection of U.S. Highway 377 and State Highway 144 in the City of Grandbury, Hood County, Texas.

LONE STAR GROWERS, L.P. which operates the Waco Greenhouse Complex, has applied for a renewal of TPDES Permit No. WQ0002663000, which authorizes the discharge of irrigation water at a daily average flow not to exceed 30,000 gallons per day via Outfall 001. The facility is located at 2901 12th Street, approximately 3 miles south of the intersection of Interstate Highway 35 and State Highway 6 in the City of Waco, McLennan County, Texas.

HANSON PIPE & PRECAST, INC. which operates a plant that manufactures concrete pressure pipe, has applied for a renewal of TPDES Permit No. WQ0003622000, which authorizes the discharge of treated process wastewater, utility wastewater, hydrostatic test water, and storm water runoff on a flow variable basis via Outfall 001. The facility is located at 1624 Marshall Street at the intersection of Interstate Highway 27 and Loop 289 in the City of Lubbock, Lubbock County, Texas.

LLANO ESTACADO WINERY, INC. which operates a vineyard and winery, has applied for a renewal of Permit No. WQ0003963000, which authorizes the disposal of winery wastewater from crushing/settling operations, equipment washdown, floor wash water, and bottle sterilization at an annual maximum flow of 2,000,000 gallons per year via irrigation of 3.6 acres of natural grasses and Rye. This permit will not authorize a discharge of pollutants into water in the State. The facility and disposal site are located adjacent to Farm-to-Market (FM) Road 1585, approximately three miles east of the intersection of FM 1585 and U.S. Highway 87, near the City of Lubbock, Lubbock County, Texas.

TENASKA FRONTIER PARTNERS, LTD. which operates Tenaska Frontier Generating Station, a natural gas-fired electrical generation station, has applied for a renewal of TPDES Permit No. WQ0003996000, which authorizes the discharge of cooling tower blowdown, boiler blowdown, reverse osmosis reject water, water treatment filter backwash, low volume waste sources, metal cleaning wastes, chemical cleaning wastes, hydrostatic test waters, water from flushing of tanks, piping and other equipment, and storm water at a daily average flow not to exceed 2,500,000 gallons per day via Outfall 001. The facility is located on the south side of Highway 30 approximately two miles southwest of the City of Shiro, Grimes County, Texas.

CITY OF SEYMOUR which operates the City of Seymour Water Treatment Plant, has applied for a renewal of TPDES Permit No. WQ0004004000, which authorizes the discharge of reverse osmosis reject water at a daily average flow not to exceed 200,000 gallons per day via Outfall 001. The facility is located on the west bank of Plants Creek approximately 2,700 feet north of the intersection of West Custer Street and East California Street (U.S. Highway 82), northwest of the City of Seymour, Baylor County, Texas.

LUMINANT MINING COMPANY LLC which operates the Monticello-Leesburg Lignite Mining Area, a surface lignite mining facility, has applied for a renewal of TPDES Permit No. WQ0004681000, which authorizes the discharge of surface water runoff from active mining areas, ground water seepage, and dewatering well water on an intermittent and flow variable basis via Outfall 001 and post-mining area runoff and previously monitored effluent from post mining sedimentation ponds on an intermittent and flow variable basis via Outfall 101. The facility is located 1.5 miles east of Leesburg, southeast of the intersection of the Kansas City Southern Railroad and County Road 3106, Camp County, Texas.

CITY OF VERNON which proposes to operate Vernon Nitrate Treatment Plant, an ion exchange water treatment plant, has applied for a new permit, proposed Texas Pollutant Discharge Elimination System (TPDES) Permit No. WQ0004868000, to authorize the discharge of ion exchange water treatment system waste at a daily average flow not to exceed 46,000 gallons per day via Outfall 001. The facility is located at 2801 Sullivan Street, approximately one mile east of the intersection of U.S. Highway 70 and U.S. Highway 287 in Wilbarger County, Texas.

CITY OF COPPERAS COVE has applied to the Texas Commission on Environmental Quality (TCEQ) for a renewal of TPDES Permit No. WQ0010045003, which authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 2,500,000 gallons per day. The facility is located 0.2 mile east of Farm-to-Market Road 3046 and 2,500 feet south of the intersection of Farm-to-Market Road 3046 and Farm-to-Market Road 116, and approximately 1.5 miles south of the City of Copperas Cove in Coryell County, Texas.

CITY OF BOERNE has applied for a new permit, proposed TPDES Permit No. WQ0010066002, to authorize the discharge of treated domestic wastewater at an annual average flow not to exceed 1,400,000 gallons per day. The facility will be located approximately 1.82 miles southeast of the intersection of Interstate Highway 10 (I-10) and State Highway 46 in Boerne Texas in Kendall County, Texas.

CITY OF SCHULENBURG has applied for a renewal of TPDES Permit No. WQ0010115001 which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 460,000 gallons per day. The facility is located in the 800 block of Kallus Street near its intersection with Hillje Street in the City of Schulenburg in Fayette County, Texas.

CITY OF GATESVILLE has applied for a renewal of TPDES Permit No. WQ0010176002 which authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 2,200,000 gallons per day. The facility is located on Stillhouse Branch, 1,200 feet west of the point where State Highway 36 crosses Stillhouse Branch in Coryell County, Texas.

CITY OF SEYMOUR has applied for a renewal of TPDES Permit No. WQ0010281001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 537,000 gallons per day. TCEQ received this application on October 27, 2008. The facility is located approximately 0.5 mile southwest of the intersection of Farm-to-Market Road 1286 and State Highway 199 in Baylor County, Texas.

TEXAS PARKS AND WILDLIFE DEPARTMENT has applied for a renewal of Permit No. 11220-001, which authorizes the disposal of treated domestic wastewater at an annual average flow not to exceed 7,311 gallons per day via surface irrigation of 3 acres of 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 in Cleburne State Park, approximately 300 feet from the north shore of Cedar Lake in Cleburne State Park and approximately 7,500 feet north-northwest of the junction of Park Road 21 and Farm-to-Market Road 1434 in Johnson County, Texas.

TEXAS DEPARTMENT OF TRANSPORTATION has applied for a renewal of TPDES Permit No. WQ0011311001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 25,000 gallons per day. The facility is located on the northwest side of Interstate Highway 20 at a point approximately 0.25 mile west of the Parker County Line in Palo Pinto County, Texas.

THE LOWER COLORADO RIVER AUTHORITY AND THE BRAZOS RIVER AUTHORITY have applied for a renewal of TPDES Permit No. WQ0011324001, which authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 1,700,000 gallons per day. The facility is located 1,300 feet east of Farm-to-Market Road 1660 and 1,500 feet south of State Highway 79 in the City of Hutto, in Williamson County, Texas.

DRIPPING SPRINGS INDEPENDENT SCHOOL DISTRICT has applied for a major amendment to Permit No. WQ0013748001, to authorize an increase in the daily average flow from 15,000 gallons per day to 50,000 gallons per day and to increase the corresponding subsurface drip irrigation disposal site from 150,000 square feet of non-public access land to 500,000 square feet of public access land. This permit will not authorize a discharge of pollutants into waters in the State. The wastewater treatment facility and disposal site are located at 940 U.S. Highway 290 West, Dripping Springs, Texas, approximately 0.9 mile northwest of the intersection of Ranch Road 12 and U.S. Highway 290 in Hays County, Texas.

FORT BEND COUNTY MUNICIPAL UTILITY DISTRICT NO. 133 has applied for a renewal of TPDES Permit No. WQ0014514001 which authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 1,360,000 gallons per day. TCEQ received this application on November 21, 2008. The facility is located at 23527 1/2 Bellaire Boulevard, approximately 3,300 feet southwest of the intersection of Canal Road and Bellaire Boulevard and approximately 6,000 feet southwest of the intersection of Farm-to-Market Road 1093 and Canal Road in Fort Bend 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-200901522

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: April 22, 2009

Office of the Governor

Request for Grant Applications for the American Recovery and Reinvestment Act of 2009: Edward Byrne Memorial Justice Assistance Formula Grant Program

The Criminal Justice Division (CJD) of the Governor's Office is soliciting applications for projects that reduce crime and improve the efficiency and effectiveness of the criminal justice system.

Purpose: This solicitation supports the Recovery Act through initiatives that reduce crime and its effect on communities.

Available Funding: Federal funds are authorized under the American Recovery and Reinvestment Act of 2009 (Public Law 111-5). Funds will be managed in accordance with federal guidelines for the Justice Assistance Formula Grant (JAG) program. Up to $40 million will be available under this solicitation to support local criminal justice projects.

This solicitation is being issued in accordance with federal guidance as of April 15, 2009. Applicants are advised that additional federal guidance could become available and could affect information requested, timelines, reporting requirements, certifications, and other matters related to this Request for Grant Applications (RFA).

Funding Levels:

Minimum grant award - $10,000.

Maximum grant award - Units of local government are limited to no more than the total amount of local funds expended on criminal justice services in the entity's previous fiscal year. Criminal justice services are defined as the total amount the unit of government spent in local funds for law enforcement, corrections and judicial services during the previous fiscal year.

Match Requirement: None

Standards: Grantees must comply with the accountability and transparency requirements of the Recovery Act and all applicable statutes, requirements, and guidelines cited in the Texas Administrative Code (1 TAC Chapter 3).

Prohibitions: Grant funds may not be used to support the following services, activities, and costs:

(1) proselytizing or sectarian worship;

(2) lobbying;

(3) any portion of the salary of, or any other compensation for, an elected or appointed government official;

(4) vehicles or equipment for government agencies that are for general agency use;

(5) weapons, ammunition, tasers, explosives or military vehicles;

(6) admission fees or tickets to any amusement park, recreational activity or sporting event;

(7) promotional gifts;

(8) food, meals, beverages, or other refreshments unless the expense is for a working event where full participation by participants mandates the provision of food and beverages and the event is not related to amusement and/or social activities in any way;

(9) membership dues for individuals;

(10) any expense or service that is readily available at no cost to the grant project or that is provided by other federal, state or local funds (i.e., supplanting);

(11) fundraising;

(12) construction;

(13) medical services;

(14) transportation, lodging, per diem or any related costs for participants, when grant funds are used to develop and conduct training;

(15) real estate;

(16) vessels (excluding police boats);

(17) aircraft (excluding police helicopters);

(18) luxury items;

(19) casinos or gambling establishments;

(20) aquariums;

(21) zoos;

(22) golf courses; and

(23) swimming pools.

Eligible Applicants:

(1) Units of local government;

(2) General purpose political subdivisions; and

(3) Law enforcement or judicial enforcement districts established under applicable state law with the independent authority to establish a budget and impose taxes.

Eligibility Requirements:

(1) Eligible applicants are limited to one application;

(2) Units of local government providing law enforcement services must be current on reporting Part I violent crime data to the Texas Department of Public Safety for inclusion in the annual Uniform Crime Report (UCR) and have been current in reporting UCR data for the three preceding years;

(3) Units of local government that were eligible for grant funds under the Recovery Act: Edward Byrne Memorial Justice Assistance Formula Grant Program: Local Solicitation must have submitted an application for those funds to be eligible for consideration under this solicitation;

(4) Units of local government must have a Data Universal Numbering System (DUNS) number assigned to its agency http://fedgov.dnb.com/webform/displayHomePage.do;

(5) Units of local government must be registered in the federal Central Contractor Registration (CCR) database http://www.ccr.gov;

(6) Units of local government are encouraged to develop comprehensive applications that promote contracting with §501(c)3 non-profits to support the delivery of services to crime victims and projects that promote crime prevention; and

(7) Units of local government that contract for or provide juvenile services must address one of the following priorities identified by the Juvenile Justice Advisory Board:

(a) gang prevention;

(b) early intervention at first offense;

(d) disproportionate minority contact; and

(e) juvenile justice system impact.

Eligible Activities:

(1) Criminal justice services to individuals or communities. Examples include coordinated initiatives, substance abuse treatment, prosecution, victim services, and reentry.

(2) Improvements to the efficiency and effectiveness of the criminal justice system. Examples include grant-funded personnel, overtime, law enforcement training, equipment, technology, crime prevention, diversion programs, and reductions in backlogs.

Project Period: Grant-funded projects must begin on or after October 1, 2009, and expire on or before September 30, 2010.

Application Process: Applicants can access CJD's eGrants website at https://cjdonline.governor.state.tx.us to register and apply for funding.

Preferences: Preference will be given to applicants who demonstrate cost effective programs focused on a comprehensive and effective approach to reducing crime while providing a strong plan for sustaining any positions proposed for funding.

Closing Date for Receipt of Applications: All applications must be certified via CJD's eGrants website on or before June 1, 2009.

Selection Process:

(1) Applications will be forwarded by CJD to the appropriate regional council of governments (COG).

(2) The COG's criminal justice advisory committee prioritizes all eligible applications based on identified community and/or comprehensive planning, cost and program effectiveness.

(3) CJD will accept priority listings that are approved by the COG's executive committee.

(4) CJD will make all final funding decisions based on COG priorities, reasonableness, availability of funding, and cost-effectiveness.

Contact Person: If additional information is needed, contact the criminal justice planner for the applicant's council of governments region or Judy Switzer at jswitzer@governor.state.tx.us or (512) 463-1919.

TRD-200901523

Kevin Green

Assistant General Counsel

Office of the Governor

Filed: April 22, 2009

Texas Health and Human Services Commission

Notice of Award of a Major Consulting Contract

Pursuant to Chapter 2254, Subchapter B, Texas Government Code, the Health and Human Services Commission (HHSC) announces the award of contract #529-09-0084-00001 to The Paciello Group, LLC, an entity with a principal place of business 88 Temple Street; Nashua, New Hampshire 03060. The contractor will review, replicate, and report on the plaintiff's expert testimony regarding inaccessibility of the Access HR system application as detailed in the proposal and provide expert testimony at deposition and/or trial.

The total value of the contract with The Paciello Group, LLC will not exceed $21,000.00. The contract was executed on April 16, 2009 and will expire on August 31, 2009, unless extended or terminated sooner by the parties. The Paciello Group, LLC will produce numerous documents and reports during the term of the contract, with the final reporting due by May 15, 2009.

TRD-200901464

Shelly Gray

Assistant General Counsel

Texas Health and Human Services Commission

Filed: April 16, 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 (RFP) Number 529-09-0062 Independent Verification and Validation for Medicaid Eligibility and Health Information (EHI) Services. HHSC seeks a consultant to provide assistance by and through independent verification and validation technologies, techniques and methodologies associated with the Medicaid EHI Services project.

The primary objectives for this procurement are to assist HHSC in administering the Medicaid EHI Services contract by:

* Assuring the accurate, complete and timely delivery of services;

* Monitoring and reporting on the Medicaid EHI Services vendor performance, specifically related to quality, risk management and issues resolution;

* Exploring opportunities to maximize efficiency and reduce costs in the administration of the affected State programs;

* Offering recommendations and possible alternatives to HHSC for the Vendor to achieve the goals and objectives of the Medicaid EHI project; and

* Strategic planning support.

The RFP is located in full on HHSC's Business Opportunities Page under Business Opportunities 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 April 3, 2009.

Health and Human Services Commission's Sole Point-of-Contact for Procurement

Thomas Spears

Contract Administrator

Texas Health and Human Services Commission

Enterprise Contracts and Procurement Services Department

4405 North Lamar Blvd.

Austin, Texas 78756-3422

(512) 206-5416

thomas.spears@hhsc.state.tx.us

All questions regarding the RFP must be sent in writing to the above-referenced contact by 3:00 p.m. Central Time on April 22, 2009. HHSC will post all written questions received with HHSC's responses on its website on April 30, 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 May 14, 2009. Proposals received after this time and date will not be considered.

HHSC will hold a Vendor Conference on April 21, 2009 from 1:00 to 5:00 p.m. Central Time in the Lone Star Conference Room located at 11209 Metric Boulevard, Austin, Texas.

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-200901463

David Brown

Assistant General Counsel

Texas Health and Human Services Commission

Filed: April 16, 2009

Public Notice

The Texas Health and Human Services Commission (HHSC) intends to submit to the Centers for Medicare and Medicaid Services a request to renew the Consolidated Waiver Program (CWP) 0373. The CWP 0373 is a Medicaid home and community based service waiver authorized under the authority of Title XIX, Section 1915(c) of the Social Security Act. The current waiver will expire August 31, 2009. The proposed effective date for the renewal is September 1, 2009.

The CWP is a pilot program authorized by Texas Government Code §531.0219 for the purpose of testing the feasibility of combining five of the state's §1915(c) Medicaid waiver programs, including Community Based Alternatives; Community Living Assistance and Support Services; Medically Dependent Children Program; Home and Community-based Services; and the Deaf Blind with Multiple Disabilities program. CWP is comprised of two §1915(c) Medicaid waivers, 0373 and 0374. The CWP 0373 waiver program provides home and community-based services to adults and children who are eligible for nursing facility care. The pilot program is limited to serving 200 individuals in Bexar County.

Services include adaptive aids, medical supplies, minor home modifications, adult foster care, assisted living, 24-hour residential care, personal assistance services, residential habilitation, day habilitation, in-and out-of-home respite, nursing, audiology, child-support services, independent advocacy, intervener; orientation and mobility, behavioral support, social work, physical, occupational, and speech/language therapies, dental, dietary, emergency response, family surrogate services, home-delivered meals, and transportation. The major changes since the last renewal are 1) the change in rate methodology (from the Texas Index of Level of Effort to federal Resource Utilization Groups) and 2) the implementation of the new cost ceilings of 200 percent of the annual institutional costs. These two changes have been incorporated into the waivers through recent waiver amendments. In addition, Consumer Directed Services is being added as a service delivery option with this renewal request.

HHSC is requesting that the waiver renewal be approved for an additional five-year period beginning September 1, 2009, and extending through August 31, 2014. The waiver maintains cost neutrality for waiver years 2009 through 2014. The CWP 0374 pilot waiver program, which provides home and community-based services to adults and children who are eligible for care in an Intermediate Care Facility for persons with Mental Retardation or Related Conditions (ICF-MR/RC), is simultaneously being submitted for renewal.

To obtain copies of the proposed waiver, interested parties may contact Christine Longoria by mail at Texas Health and Human Services Commission, P.O. Box 85200, Mail Code H-620, Austin, Texas 78708-5200, telephone (512) 491-1152, fax (512) 491-1953, or by e-mail christine.longoria@hhsc.state.tx.us.

TRD-200901448

Steve Aragón

Chief Counsel

Texas Health and Human Services Commission

Filed: April 16, 2009

Public Notice

The Texas Health and Human Services Commission (HHSC) intends to submit to the Centers for Medicare and Medicaid Services a request to renew the Consolidated Waiver Program (CWP) 0374. The CWP 0374 is a Medicaid home and community based service waiver authorized under the authority of Title XIX, Section 1915(c), of the Social Security Act. The current waiver will expire August 31, 2009. The proposed effective date for the renewal is September 1, 2009.

The CWP is a pilot program authorized by Texas Government Code §531.0219 for the purpose of testing the feasibility of combining five of the state's §1915(c) Medicaid waiver programs, including Community Based Alternatives; Community Living Assistance and Support Services; Medically Dependent Children Program; Home and Community-based Services; and the Deaf Blind with Multiple Disabilities program. CWP is comprised of two §1915(c) Medicaid waivers, 0374 and 0373. The CWP 0374 waiver program provides home and community-based services to adults and children who meet the criteria for institutional care in an Intermediate Care Facility for persons with Mental Retardation or Related Conditions (ICF-MR/RC). The pilot program is limited to serving 200 individuals in Bexar County.

Services include adaptive aids, medical supplies, minor home modifications, adult foster care, assisted living, 24-hour residential care, personal assistance services, residential habilitation, day habilitation, in and out-of-home respite, nursing, audiology, child-support services, independent advocacy, intervener, orientation and mobility, behavioral support, social work, physical, occupational, and speech/language therapies, dental, dietary, emergency response, family surrogate services, home-delivered meals, and transportation. The major change since the last renewal is the implementation of the new cost ceiling of 200 percent of the annual institutional costs. This change has been incorporated into the waiver through a recent waiver amendment. In addition, Consumer Directed Services is being added as a service delivery option with this renewal request.

HHSC is requesting that the waiver renewal be approved for an additional five year period beginning September 1, 2009, and extending through August 31, 2014. The waiver maintains cost neutrality for waiver years 2009 through 2014. The CWP 0373 pilot waiver program, which provides home and community-based services to adults and children who are eligible for nursing facility care, is simultaneously being submitted for renewal.

TRD-200901447

Steve Aragón

Chief Counsel

Texas Health and Human Services Commission

Filed: April 16, 2009

Department of State Health Services

Licensing Actions for Radioactive Materials

TRD-200901515

Lisa Hernandez

General Counsel

Department of State Health Services

Filed: April 22, 2009

Houston-Galveston Area Council

Request for Quotes

The Houston-Galveston Area Council (H-GAC) is issuing a Request for Quotes (RFQ) for a Portable Kiosk Job Matching System. This System must be capable of matching job seekers' skills/experience with employer job orders within a customized database. Bids would be based on a per Kiosk basis with an estimated 14 in the 13 county Gulf Coast region.

Quotes may be submitted to H-GAC, Human Services-Workforce, P.O. Box 22777, Houston, Texas 77227-2777, by calling Carol Kimmick at (713) 627-3200 or email carol.kimmick@hgac.com. Quotes are due at the H-GAC offices, 3555 Timmons Lane, Suite 120, Houston, Texas 77027 no later than 12:00 p.m. (noon) Central Standard Time on Tuesday, May 5, 2009. Late quotes will not be accepted. There will be no exceptions.

TRD-200901485

Jack Steele

Executive Director

Houston-Galveston Area Council

Filed: April 20, 2009

Texas Department of Insurance

Company Licensing

Application for admission to the State of Texas by MUNICIPAL AND INFRASTRUCTURE ASSURANCE CORPORATION, a foreign fire and casualty company. The home office is in New York, New York.

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-200901518

Brenda Caldwell

Chief Clerk and General Counsel

Texas Department of Insurance

Filed: April 22, 2009

Public Utility Commission of Texas

Announcement of Application for Amendment to a State-Issued Certificate of Franchise Authority

The Public Utility Commission of Texas (commission) received an application on April 17, 2009, for an amendment to a state-issued certificate of franchise authority (CFA), pursuant to §§66.001 - 66.016 of the Public Utility Regulatory Act (PURA).

Project Title and Number: Application of GTE Southwest Incorporated d/b/a Verizon Southwest for an Amendment to its State-Issued Certificate of Franchise Authority, Project Number 36923 before the Public Utility Commission of Texas.

The requested CFA expanded service area footprint includes the city of The Colony, Texas.

Information on the application may be obtained by contacting the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136 or toll free at 1-800-735-2989. All inquiries should reference Project Number 36923.

TRD-200901516

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: April 22, 2009

Notice of Amended Application for Waiver Requirements

Notice is given to the public of an amended application filed on April 13, 2009 with the Public Utility Commission of Texas for waiver from the requirements in P.U.C. Substantive Rule §26.420(f)(3)(B).

Docket Style and Number: Application of Flat Wireless, LLC for Waiver to Apply Safe-Harbor Percentage to Calculate Texas Universal Service Fund (TUSF) Assessment Pursuant to P.U.C. Substantive Rule §26.420(f). Docket Number 36725.

The Application: Flat Wireless is a Commercial Mobile Radio Service (CMRS) provider. Flat Wireless states that it has elected to use the safe-harbor percentage approved by the commission for its classification of telecommunications service provided. Flat Wireless requests that the commission grant it a permanent waiver from the requirements contained in P.U.C. Substantive Rule §26.420(f)(3)(A) to allow Flat Wireless to use the commission-ordered safe-harbor TUSF assessment methodology to calculate TUSF assessments.

Persons wishing to comment on the action sought or intervene should contact the Public Utility Commission of Texas by May 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 36725.

TRD-200901480

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: April 20, 2009

Notice of Application for Determination of Hurricane Restoration Costs

Notice is given to the public of a Public Utility Commission of Texas (commission) an application for determination of hurricane restoration costs pursuant to the Public Utility Regulatory Act, Tex. Util. Code Ann. §14.001 and Senate Bill 769.

Docket Style and Number: Application of CenterPoint Houston Electric, LLC for Determination of Hurricane Restoration Costs, Docket Number 36918.

The Application: On April 17, 2009, CenterPoint Energy Houston Electric, LLC (CenterPoint) filed an application for determination that its Hurricane Ike system restoration costs of $677,816,820 were reasonable and necessary to allow CenterPoint to restore electric service to its customers. Specifically, CenterPoint requests a commission determination (1) designating the amount of its Hurricane Ike related system restoration costs as eligible for recovery; (2) authorizing CenterPoint to recover carrying charges on the cost of the system restoration from the date costs were incurred at CenterPoint's pre-tax weighted average cost of capital, as authorized by the commission in Docket Number 22355, Application of Reliant Energy for Approval of Unbundled Cost of Service Rate Pursuant to PURA §39.201 and Public Utility Commission Substantive Rule §25.344 and (3) approving the manner in which Hurricane Ike system restoration costs will be functionalized and allocated. CenterPoint's application included witness testimonies in support of its application, a proposed protective order, and proposed notice.

The Commission has jurisdiction over this application pursuant to the Public Utility Regulatory Act, Tex. Util. Code Ann. §14.001 and Senate Bill 769 (SB 769). SB 769 was passed by the Texas Legislature on April 7, 2009, and signed the Governor. The purpose of SB 769 is to enable an electric utility to timely recover system restoration costs after a hurricane or similar natural disaster and to use securitization financing to recover the distribution-related costs and the Electric Reliability Council of Texas, Inc. Transmission Cost of Service mechanism to recover the transmission-related costs. SB 769 establishes a 150-day period to process this application. Accordingly, the 150-day period for this proceeding ends September 14, 2009.

Persons who wish to intervene in the proceeding or comment upon the action sought should contact the Public Utility Commission of Texas, P.O. Box 13326, Austin, Texas 78711-3326, or call the commission's Office of Customer Protection at (512) 936-7120 or (888) 782-8477. Hearing- and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136 or use Relay Texas (toll-free) 1-800-735-2989. All correspondence should refer to Docket Number 36918.

TRD-200901484

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: April 20, 2009

Notice of Application for Sale, Transfer or Merger

Notice is given to the public of a joint application for sale, transfer, or merger filed with the Public Utility Commission of Texas (commission) on April 17, 2009, pursuant to the Public Utility Regulatory Act, Tex. Util. Code Ann. §14.101 and §37.154 (Vernon 2007) (PURA).

Docket Style and Number: Joint Application of AEP Texas North Company and LCRA Transmission Services Corporation to Transfer Certificate Rights to Facilities in Mason and Llano Counties, Docket Number 36925.

The Application: AEP Texas North Company (AEP Texas North) and the LCRA Transmission Services Corporation (LCRA TSC) filed a joint application for approval of their proposal to transfer from AEP Texas North to LCRA TSC an existing transmission line and associated certificate of convenience and necessity (CCN) rights. The proposed transfer comprises a 16.7-mile-long portion of the existing 69-kV transmission line (including easements) beginning at the hardware connections at the Fort Mason Substation and ending at the Central Texas Electric Cooperative Substation dead-end structure.

LCRA TSC is purchasing the facilities in order to provide the best alternative to the Electric Reliability Council of Texas, Inc. (ERCOT) and its customers in the upgrading of the facilities as directed by the Commission in its selection of Competitive Renewable Energy Zone (CREZ) Scenario 2. The Fort Mason-to-Pitsburg transmission line presently provides a key 69-kV path between a highly concentrated wind generation resource-rich area in Central West Texas into the load-heavy Central Texas region. In an effort to save time and project cost, LCRA TSC recommended that ERCOT consider a rebuild of the existing 69-kV transmission line between the two substations. On September 10, 2008, ERCOT agreed, and as indicated in ERCOT's CREZ Transmission Optimization study findings, the upgrade of this transmission line from 69-kV to 138-kV will assist in meeting the Commission's CREZ objective in the most cost-effective manner.

TRD-200901483

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: April 20, 2009

Notice of Application to Relinquish a Service Provider Certificate of Operating Authority

On April 15, 2009, Mundo Telecom filed an application with the Public Utility Commission of Texas (commission) to amend its service provider certificate of operating authority (SPCOA) granted in SPCOA Certificate Number 60738. Applicant intends to relinquish its certificate.

The Application: Application of Mundo Telecom for an Amendment to its Service Provider Certificate of Operating Authority, Docket Number 36913.

Persons wishing to comment on the action sought should contact the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than May 6, 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 36913.

TRD-200901482

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: April 20, 2009

Notice of Proceeding to Sequence Certificate of Convenience and Necessity Applications for the Priority Projects for the Competitive Renewable Energy Zones

Notice is given to the public of a Public Utility Commission of Texas (commission) proceeding established to sequence certificate of convenience and necessity applications for the priority projects for the competitive renewable energy zones pursuant to the Public Utility Regulatory Act, Tex. Util. Code Ann. §§11.001 - 66.016 (Vernon 2007 & Supp. 2008) (PURA).

Docket Style and Number: Proceeding to Sequence Certificate of Convenience and Necessity Applications for the Priority Projects for the Competitive Renewable Energy Zones, Docket Number 36801.

The Application: On March 30, 2009, the commission issued its Order in Commission Staff's Petition for Selection of Entities Responsible for Transmission Improvements Necessary to Deliver Renewable Energy From Competitive Renewable Energy Zones, Docket Number 35665, wherein Commission Staff was directed, along with the Electric Reliability Council of Texas, Inc., LCRA Transmission Services Corporation, and Oncor Electric Delivery Company, LLC to participate in the above styled and numbered docket to sequence priority project certificate of convenience and necessity applications.

Persons who wish to intervene in the proceeding or comment upon the action sought should contact the Public Utility Commission of Texas, P.O. Box 13326, Austin, Texas 78711-3326, or call the commission's Office of Customer Protection at (512) 936-7120 or (888) 782-8477 no later than May 15, 2009. A request to intervene should be submitted in writing by the May 15, 2009, deadline. Hearing- and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136 or use Relay Texas (toll-free) 1-800-735-2989. All correspondence should refer to Docket Number 36801.

TRD-200901481

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: April 20, 2009

South East Texas Regional Planning Commission

Request for Qualifications

Technical Assistance for Community Development Block Grant (CDBG) Based Projects and Programs

Description:

The South East Texas Regional Planning Commission (SETRPC) will be administering CDBG Hurricane Ike Disaster funds for Hardin, Jefferson and Orange Counties. As such, SETRPC is seeking an individual who is qualified to provide technical assistance in the development of policies, procedures, and guidelines for its multifamily program in accordance with Federal and State CDBG regulations and requirements.

Consulting services will consist of the following tasks:

1. Consultant will provide ongoing technical services to the SETRPC on an as-needed basis. Technical services potentially may include site visits during the term of the contract.

2. Consultant will provide training to SETRPC staff and such other persons as required.

Minimum Qualifications:

1. Minimum ten years verifiable experience with the CDBG program

a. Shown on applicant's resume

2. Minimum five years verifiable experience in underwriting and/or development of multifamily projects, including low income housing tax credit developments

a. Shown on applicant's resume

Response Date:

Please respond by Close of Business, Wednesday, May 6, 2009.

Respond To:

Mike Foster

SETRPC

2210 Eastex Freeway

Beaumont, TX 77703

(409) 899-8444 Ext. 7504

TRD-200901469

Mike Foster

Manager, Community Development Program

South East Texas Regional Planning Commission

Filed: April 17, 2009

Request for Qualifications

Underwriter for Community Development Block Grant (CDBG) Based Projects and Programs

Description:

The South East Texas Regional Planning Commission (SETRPC) will be administering CDBG Hurricane Ike Disaster funds for Hardin, Jefferson and Orange Counties. As such, SETRPC is seeking a qualified underwriter to provide underwriting for multifamily applicants in accordance with Federal and State CDBG regulations and requirements.

Reimbursement:

SETRPC will pay between $800 and $1,600 depending on deal requirements. Terms are 30 days net.

Minimum Qualifications:

1. Minimum ten years verifiable experience with the CDBG program

a. Shown on applicant's resume

2. Minimum five years verifiable experience in underwriting and/or development of multifamily projects, including low income housing tax credit developments

a. Shown on applicant's resume

Response Date:

Please respond by Close of Business, Wednesday, May 6, 2009.

Respond To:

Mike Foster

SETRPC

2210 Eastex Freeway

Beaumont, TX 77703

(409) 899-8444 Ext. 7504

TRD-200901468

Mike Foster

Manager, Community Development Program

South East Texas Regional Planning Commission

Filed: April 17, 2009

Texas Department of Transportation

Public Hearing Notice - Statewide Transportation Improvement Program

The Texas Department of Transportation (department) will hold a public hearing on Thursday, May 14, 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 May Quarterly 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 May Quarterly 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 May Quarterly 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 Wednesday, May13, 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, June 15, 2009 at 4:00 p.m.

TRD-200901496

Joanne Wright

Deputy General Counsel

Texas Department of Transportation

Filed: April 21, 2009

Public Notice - Aviation

Pursuant to Transportation Code, §21.111, and Title 43, Texas Administrative Code, §30.209, the Texas Department of Transportation conducts public hearings to receive comments from interested parties concerning proposed approval of various aviation projects.

For information regarding actions and times for aviation public hearings, please go to the following web site:

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-200901495

Joanne Wright

Deputy General Counsel

Texas Department of Transportation

Filed: April 21, 2009

Request for Proposal - Professional Services

The Texas Department of Transportation (department) announces a Request for Proposal (RFP) for professional services pursuant to Government Code, Chapter 2254, Subchapter A. The term of the contract will be from project initiation to September 30, 2009. The department will administer the contract. The RFP will be released on May 1, 2009.

Purpose: The department is seeking a qualified certified public accounting (CPA) firm to provide accounting services for (1) documenting policies and procedures for establishing and maintaining an adequate internal control structure and procedures for financial reporting; (2) documenting policies and procedures for assessing the effectiveness of the internal control structure and financial reporting procedures; and (3) assessing the internal control structure and financial reporting procedures. This work relates to all quarterly and annual financial reports filed with the Texas Transportation Commission (commission), including but not limited to the annual financial reports for the department, the operating budget, investment report, and cash report. Department staff will be providing the commission with the assessment of internal controls.

Eligible Applicants: Eligible applicants include, but are not limited to, regionally recognized CPA firms.

Program Goal: The completion of a report which includes an ongoing process of formalizing policies relating to internal controls and professional responsibility that will provide greater responsiveness and accountability for department actions.

Review and Award Criteria: Each application will first be screened for completeness and timeliness. Proposals that are deemed incomplete or arrive after the deadline will not be reviewed. A team of reviewers from the department will evaluate the proposals as to the accounting firm's competence, knowledge, and qualifications and as to the reasonableness of the proposed fee for the services. The criteria and review process are further described in the RFP.

Deadlines: The department must receive proposals prepared according to instructions in the RFP package on or before May 26, 2009 at 3:00 p.m.

To Obtain a Copy of the RFP: Requests for a copy of the RFP should be submitted to Duane Sullivan, Finance Division, Texas Department of Transportation, 125 East 11th Street, Austin, Texas 78701-2483; email: dksulliv@dot.state.tx.us; telephone number (512) 486-5313; and fax (512) 486-5390. Copies will also be available on the Electronic State Business Daily (ESBD) at (http://esbd.cpa.state.tx.us/).

TRD-200901497

Joanne Wright

Deputy General Counsel

Texas Department of Transportation

Filed: April 21, 2009

Texas Water Development Board

Request for Statements of Qualifications for Water Research

Pursuant to 31 Texas Administrative Code §355.3, the Texas Water Development Board (TWDB) requests the submission of Statements of Qualifications leading to the possible award of two separate contracts to (1) develop a groundwater availability model for the Rustler Aquifer and (2) complete a study to quantify recharge in the Gulf Coast Aquifer System. The total amount for the Rustler Aquifer project shall not exceed $250,000 and the total amount for the Gulf Coast Aquifer recharge study shall not exceed $350,000. Once contracts are negotiated, we anticipate that the projects will take no more than two years to complete. Guidelines for Statements of Qualifications, which include an application form and more detailed research topic information, will be supplied by the TWDB upon request.

Description of Research Objectives

Since 1999, the Texas Legislature has approved funding for the Groundwater Availability Modeling Program. The purpose of the Groundwater Availability Modeling Program is to provide reliable and timely information on groundwater availability to the citizens of Texas to ensure adequate supplies or recognize inadequate supplies over a 50-year planning period. Numerical groundwater flow models of the aquifers in Texas will be used to make this assessment of groundwater availability. However, once a groundwater availability model is completed, it is important to be able to revisit the models to incorporate new information or understanding of the aquifers.

Rustler Aquifer Groundwater Availability Model

In support of the Groundwater Availability Modeling Program, the TWDB is requesting Statements of Qualifications on developing a numerical groundwater flow model for the Rustler Aquifer. This proposed groundwater availability modeling project shall (1) include stakeholder involvement; (2) use valid, defensible, and documented data and standard scientific modeling procedures; and (3) follow all TWDB groundwater availability modeling protocol and standards, as applicable.

Details on the modeling projects and project requirements are available from the TWDB. The TWDB website site includes (1) guidelines for the Statements of Qualifications, (2) copies of the attachments, (3) a list of Statement of Qualifications Review Criteria, and (4) some supporting material (http://www.twdb.state.tx.us/assistance/financial/fin_research/research.htm).

The following issues need to be addressed in each Statement of Qualifications:

*experience with hydrogeology, knowledge of Rustler Aquifer, and experience with Groundwater Vistas and MODFLOW;

*communication between the contractor and the stakeholder advisory forum for the model, regional water planning groups, and groundwater conservation districts;

*conceptual model of recharge and how recharge will be modeled;

*how surface-water/groundwater interaction will be modeled;

*how hydraulic properties will be distributed;

*hydrostratigraphy for the model;

*approach for modeling the down-dip boundary of the model (if appropriate);

*approach for calibrating the model;

*how the project will benefit statewide water planning and groundwater districts; and

*total budget and an itemized budget broken by tasks and personnel.

In addition, we expect potential contractors to indicate their abilities in:

*general hydrogeology,

*hydrogeology of the modeled aquifer,

*numerical groundwater flow modeling,

*geographical information systems,

*communicating with the public,

*technology transfer,

*producing high-quality reports, and

*meeting deadlines.

The research proposal description shall not be more than 15 pages in length (using Times Roman 12 font), excluding qualifications and experience of project staff. Applicants should be familiar with standards and requirements for the TWDB groundwater availability models.

Recharge Study of the Gulf Coast Aquifer System

A key component to understanding groundwater flow and availability is understanding recharge to the aquifer system. Understanding the rate by which water percolates from the land surface to the aquifer without being removed by plants, evaporation processes, or is diverted at shallow depths to be discharged through springs and streams is not very well documented. Recharge is usually estimated as part of the calibration process during model development and is constrained by total precipitation as the upper limit. We propose using a combination of all or some of the following approaches to constrain and understand recharge to the Gulf Coast Aquifer System:

*chloride mass balance approach,

*tritium-helium dating of shallow groundwater,

*groundwater level hydrograph analyses,

*baseflow estimates including baseflow separation and low-flow studies,

*evapotranspiration estimation at the regional scale using remote sensing method and at the local scale using portable evapotranspiration simulators near discharge areas, and

*field studies using other appropriate age dating techniques, fluxmeters to monitor temporal variability, chemical hydrograph separation using total dissolved solids at stream gages and groundwater data in a mixing model, and metering for radon concentrations.

In support of the Groundwater Availability Modeling Program, the TWDB is requesting Statements of Qualifications to conduct and document a multi-faceted approach to quantifying recharge in the Gulf Coast Aquifer System from the Brazos River to the Rio Grande.

Details on the project requirements are available from the TWDB. The TWDB website includes (1) guidelines for the Statements of Qualifications, (2) copies of the attachments, (3) a list of Statement of Qualifications Review Criteria, and (4) some supporting material (http://www.twdb.state.tx.us/assistance/financial/fin_research/research.htm).

The following issues need to be addressed in each Statement of Qualifications:

*need for research,

*approaches for quantifying recharge,

*progress monitoring procedures,

*approach to organizing and managing the project,

*specific and usable deliverables,

*how the project will benefit statewide water planning and groundwater districts, and

*total budget and an itemized budget broken by tasks and personnel.

In addition, we expect potential contractors to indicate their abilities in:

*general hydrogeology,

*numerical groundwater flow modeling,

*geographical information systems,

*technology transfer,

*producing high-quality reports, and

*meeting deadlines.

Description of Funding Consideration Up to $600,000 has been identified for water research assistance from the TWDB's Research and Planning Fund for the research for these projects: a total amount not to exceed $250,000 from the Research & Planning Fund for Fiscal Year 2009 to develop a groundwater availability model for the Rustler Aquifer and (2) a total amount not to exceed $350,000 from the Research & Planning Fund ($100,000 for Fiscal Year 2009 and $250,000 for Fiscal Year 2010, if available) to conduct a multi-faceted approach to quantifying recharge in the Gulf Coast Aquifer System. Following the receipt and evaluation of all Statements of Qualifications, the TWDB may adjust the amount of funding initially authorized for water research. Oral presentations may be required as part of qualification review. However, invitation for oral presentation is not an indication of probable selection. Up to 100 percent funding may be provided to individual applicants; however, applicants are encouraged to contribute matching funds or services, and funding will not include reimbursement for indirect expenses incurred by political subdivisions of the state or other state and federal agencies. In the event that acceptable Statements of Qualifications are not submitted, the TWDB retains the right to not award funds for the contracts.

Deadline, Review Criteria, and Contact Person for Additional Information

Five double-sided copies of a complete Statement of Qualifications, including the required attachments, must be filed with the TWDB prior to 12:00 p.m. (Central Standard Time), May 28, 2009. Statements of Qualifications must be directed either in person to Mr. David Carter, Texas Water Development Board, Stephen F. Austin Building, 1700 North Congress Avenue, Austin, Texas; or by mail to Mr. David Carter, Texas Water Development Board, P.O. Box 13231-Capitol Station, Austin, Texas 78711-3231. Statements of Qualifications will be evaluated according to 31 Texas Administrative Code §355.5 and the Statements of Qualifications Review Criteria rating form included in the TWDB's Guidelines for Water Research Grants. Research shall not duplicate work planned or underway by state agencies. All potential applicants must contact the TWDB to obtain these guidelines.

Requests for information, the TWDB's rules covering the Research and Planning Fund, detailed evaluation criteria, more detailed research topic information, and the guidelines may be directed to Mr. David Carter at the preceding address or by calling (512) 936-6079. All technical questions should be directed to Ms. Cindy Ridgeway at (512) 936-2386.

TRD-200901465

Kenneth L. Petersen

General Counsel

Texas Water Development Board

Filed: April 16, 2009