Ark-Tex Council of Governments
The Ark-Tex Council of Governments (ATCOG) is soliciting proposals for a training provider/police academy to provide regional law enforcement training through a grant provided by the Texas Governor's Office, Criminal Justice Division (if awarded this funding).
The types of training to be provided include: Basic Law Enforcement Officer, Basic Jailer Certification, and Advanced/Specialized Law Enforcement Training. The period of performance is September 1, 2009 through August 31, 2010.
The service delivery area includes the following counties in Texas: Bowie, Cass, Delta, Franklin, Hopkins, Lamar, Morris, Red River, and Titus.
Potential respondents may obtain a copy of the request for proposal, scoring guidelines, and project scoring criteria by contacting Patricia Haley, Ark-Tex Council of Governments, P.O. Box 5307, Texarkana, Texas 75505-5307, or call (903) 832-8636. The deadline for proposal submission is June 11, 2009, at 5:00 p.m. The Ark-Tex Council of Governments Regional Criminal Justice Advisory Committee will score multiple proposals received. Respondents will be notified in writing of the date, time, and place of the meeting at which the proposals will be scored.
TRD-200901914
L.D. Williamson
Executive Director
Ark-Tex Council of Governments
Filed: May 14, 2009
Notice and Opportunity to Comment on Requests for Consistency Agreement/Concurrence Under the Texas Coastal Management Program
On January 10, 1997, the State of Texas received federal approval of the Coastal Management Program (CMP) (62 Federal Register pp. 1439-1440). Under federal law, federal agency activities and actions affecting the Texas coastal zone must be consistent with the CMP goals and policies identified in 31 TAC Chapter 501. Requests for federal consistency review were deemed administratively complete for the following project(s) during the period of May 8, 2009, through May 14, 2009. As required by federal law, the public is given an opportunity to comment on the consistency of proposed activities in the coastal zone undertaken or authorized by federal agencies. Pursuant to 31 TAC §§506.25, 506.32, and 506.41, the public comment period for this activity extends 30 days from the date published on the Coastal Coordination Council web site. The notice was published on the web site on May 20, 2009. The public comment period for this project will close at 5:00 p.m. on June 19, 2009.
FEDERAL AGENCY ACTIONS: Applicant: South Texas Materials and Barge Terminal, LLC. Location: The project is located along the south side of the Corpus Christi Ship Channel (CCSC), at 1407 Navigation Boulevard, on a 10-acre site owned by the Port of Corpus Christi Authority (PCCA) in Corpus Christi, Nueces County, Texas. The property is located immediately west of the former location of the Tule Lake Lift Bridge and approximately 3.6 miles west of the Harbor Bridge. The project can be located on the U.S.G.S. quadrangle map entitled: Corpus Christi, Texas. Approximate UTM Coordinates in NAD 27 (meters): Zone 14; Easting: 652250; Northing: 3077650. Project Description: The applicant proposes to dredge an area adjacent to the CCSC that would measure approximately 244 feet in width by 410 feet in length to a depth of -12 feet Mean Low Tide (MLT). A 100-foot-wide by 250-foot-long barge slip would be dredged to that same depth within the larger dredge area. Approximately 52,500 cubic yards of material would be dredged by clamshell/dragline, with hydraulic dredging used when clamshell/dragline methods would not work. The applicant has stated that they will adhere to the 300mg/liter total-suspended-solids limit for decant water from the Dredged Material Placement Area(s) (DMPAs). A 200-foot-long bulkhead with 60-foot-long wing walls on each end would be installed along the shoreline at the location of the proposed barge slip. Approximately 10,244 cubic yards of concrete riprap and revetment would be placed in front of the proposed bulkhead and along the wing walls. CCC Project No.: 09-0163-F1 Type of Application: U.S.A.C.E. permit application #SWG-2009-001012 is being evaluated under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. §403) and §404 of the Clean Water Act (33 U.S.C.A. §1344). Note: The consistency review for this project may be conducted by the Texas Commission on Environmental Quality under §401 of the Clean Water Act (33 U.S.C.A. §1344).
Pursuant to §306(d)(14) of the Coastal Zone Management Act of 1972 (16 U.S.C.A. §§1451-1464), as amended, interested parties are invited to submit comments on whether a proposed action is or is not consistent with the Texas Coastal Management Program goals and policies and whether the action should be referred to the Coastal Coordination Council for review.
Further information on the applications listed above, including a copy the consistency certifications for inspection, may be obtained from Ms. Tammy Brooks, Consistency Review Coordinator, Coastal Coordination Council, P.O. Box 12873, Austin, Texas 78711-2873, or tammy.brooks@glo.state.tx.us. Comments should be sent to Ms. Brooks at the above address or by fax at (512) 475-0680.
TRD-200901968
Larry L. Laine
Chief Clerk/Deputy Land Commissioner, General Land Office
Coastal Coordination Council
Filed: May 20, 2009
Certification of the Average Taxable Price of Gas and Oil
The Comptroller of Public Accounts, administering agency for the collection of the Crude Oil Production Tax, has determined that the average taxable price of crude oil for reporting period April 2009, as required by Tax Code, §202.058, is $35.72 per barrel for the three-month period beginning on January 1, 2009, and ending March 31, 2009. Therefore, pursuant to Tax Code, §202.058, crude oil produced during the month of April 2009, from a qualified Low-Producing Oil Lease, is not eligible for exemption from the crude oil production tax imposed by Tax Code, Chapter 202.
The Comptroller of Public Accounts, administering agency for the collection of the Natural Gas Production Tax, has determined that the average taxable price of gas for reporting period April 2009, as required by Tax Code, §201.059, is $3.64 per mcf for the three-month period beginning on January 1, 2009, and ending March 31, 2009. Therefore, pursuant to Tax Code, §201.059, gas produced during the month of April 2009, from a qualified Low-Producing Well, is not eligible for exemption from the natural gas production tax imposed by Tax Code, Chapter 201.
Inquiries should be directed to Bryant K. Lomax, Manager, Tax Policy Division, P.O. Box 13528, Austin, Texas 78711-3528.
TRD-200901958
Martin Cherry
General Counsel
Comptroller of Public Accounts
Filed: May 19, 2009
Pursuant to Chapter 403, Texas Government Code, and Chapter 54, Texas Education Code, the Comptroller of Public Accounts (Comptroller) announces the amendment of the following contract award:
The notice of request for proposals (RFP #184c) was published in the May 2, 2008, issue of the Texas Register (33 TexReg 3669). The Notice of Award was published in the September 19, 2008, issue of the Texas Register (33 TexReg 8050).
The contractor provides outside counsel services to the Comptroller and the Texas Prepaid Higher Education Tuition Board.
The contract was awarded to Clark, Thomas & Winters, PC, 300 West 6th Street, 15th Floor, Austin, Texas 78701. The total amount of the contract is not to exceed $150,000.00. The original term of the contract was September 1, 2008 through August 31, 2009. The amendment extends the term of the contract through August 31, 2010.
TRD-200901913
William Clay Harris
Assistant General Counsel, Contracts
Comptroller of Public Accounts
Filed: May 14, 2009
Pursuant to Chapter 2155, §2155.001, Chapter 403, §401.011 and Chapter 2156, §2156.121, of the Texas Government Code; the Comptroller of Public Accounts (Comptroller) announces its Request for Proposals (RFP #193b) from qualified firms to provide Outbound Mailing Services to the Comptroller. The successful respondent, if any, will provide outbound mailing services to the Comptroller on an as needed basis as described in the RFP.
Contact: Parties interested in submitting a proposal should contact Thomas H. Hill, Assistant General Counsel, Contracts, Comptroller of Public Accounts, 111 E. 17th Street, Room 201, Austin, Texas 78774, telephone number: (512) 305-8673, to obtain a copy of the RFP. The Comptroller will mail copies of the RFP only to those specifically requesting a copy. The RFP will be available for pick-up at the above-referenced address on May 29, 2009, between 10:00 a.m. and 5:00 p.m., Central Zone Time (CZT), and during normal business hours thereafter. The Comptroller will also make the RFP available electronically on the Electronic State Business Daily after Friday, May 29, 2009, 10:00 a.m. CZT.
Questions and Non-mandatory Letters of Intent: All written inquiries, questions, and Non-mandatory Letters of Intent to propose must be received at 111 E. 17th Street, Room 201, Austin, Texas 78774 not later than 2:00 p.m. CZT on Friday, June 12, 2009. Prospective respondents are encouraged to fax Non-mandatory Letters of Intent and Questions to (512) 463-3669 or e-mail them to contracts@cpa.state.tx.us to ensure timely receipt. The Letter of Intent must be addressed to Thomas H. Hill, Assistant General Counsel, Contracts, and must contain the information as stated in the corresponding Section of the RFP and be signed by an official of that entity. Non-mandatory Letters of Intent and Questions received after this time and date will not be considered. On or about Wednesday, June 17, 2009, the Comptroller expects to post responses to questions as a revision to the Electronic State Business Daily notice on the issuance of this RFP.
Closing Date: Proposals must be delivered to the Office of the Assistant General Counsel, Contracts, at the location specified above (ROOM 201) no later than 2:00 p.m. CZT, on Wednesday, July 1, 2009. Proposals received in Room 201 after this time and date will not be considered regardless of the reason for the late delivery and receipt. Respondents are encouraged to verify and are solely responsible for verifying timely receipt of proposals in that office (ROOM 201).
Evaluation Criteria: Proposals will be evaluated under the evaluation criteria outlined in the RFP. The Deputy Comptroller shall make the final decision on any contract award or awards resulting from this RFP.
The Comptroller reserves the right, in its sole discretion, to accept or reject any or all proposals submitted. The Comptroller is not obligated to award or execute any contracts on the basis of this notice or the distribution of any RFP. The Comptroller shall not pay for any costs incurred by any entity in responding to this notice or the RFP.
The anticipated schedule of events is as follows: Issuance of RFP--May 29, 2009, 10:00 a.m. CZT; Non-mandatory Letters of Intent to propose and Questions Due--June 12, 2009, 2:00 p.m. CZT; Official Responses to Questions posted--June 17, 2009, or as soon thereafter as practical; Proposals Due--July 1, 2009, 2:00 p.m. CZT; Contract Execution--July 27, 2009, or as soon thereafter as practical; and Commencement of Project Activities--July 27, 2009 for any necessary transition in preparation for services to begin September 1, 2009.
TRD-200901937
Pamela G. Smith
Deputy General Counsel for Contracts
Comptroller of Public Accounts
Filed: May 18, 2009
The Consumer Credit Commissioner of Texas has ascertained the following rate ceilings by use of the formulas and methods described in §§303.003, 303.009, and 304.003, Texas Finance Code.
The weekly ceiling as prescribed by §303.003 and §303.009 for the period of 05/25/09 - 05/31/09 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 05/25/09 - 05/31/09 is 18% for Commercial over $250,000.
The judgment ceiling as prescribed by §304.003 for the period of 06/01/09 - 06/30/09 is 5.00% for Consumer/Agricultural/Commercial credit through $250,000.
The judgment ceiling as prescribed by §304.003 for the period of 06/01/09 - 06/30/09 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-200901947
Leslie L. Pettijohn
Commissioner
Office of Consumer Credit Commissioner
Filed: May 19, 2009
Pursuant to Chapter 56 of the Texas Government Code and the General Appropriations Bill, the Texas Court of Criminal Appeals announces the availability of grant funds for the purpose of providing continuing legal education courses, programs, and technical assistance projects. This funding will be for the grant period of September 1, 2009 through August 31, 2010. The deadline for applications is July 1, 2009. Please contact the Texas Court of Criminal Appeals for application packets and any other inquiries:
Texas Court of Criminal Appeals
Judicial Education Office, Room 103
201 West 14th Street
Austin, Texas 78701
(512) 475-2312
TRD-200901941
Louise Pearson
Clerk of the Court
Court of Criminal Appeals
Filed: May 18, 2009
Application for a Merger or Consolidation
Notice is given that the following application has been filed with the Credit Union Department (Department) and is under consideration:
An application was received from EDS Credit Union (Plano) seeking approval to merge with First American Federal Credit Union (Santa Ana, CA). EDS Credit Union will be the surviving credit union. In accordance with Texas Finance Code §122.005(b) and 7 TAC §91.104(b), the Commissioner has the authority to waive or delay public notice of an action.
Comments or a request for a meeting by any interested party relating to an application must be submitted in writing within 30 days from the date of this publication. Any written comments must provide all information that the interested party wishes the Department to consider in evaluating the application. All information received will be weighed during consideration of the merits of an application. Comments or a request for a meeting should be addressed to the Texas Credit Union Department, 914 East Anderson Lane, Austin, Texas 78752-1699.
TRD-200901965
Harold E. Feeney
Commissioner
Credit Union Department
Filed: May 20, 2009
Notice is given that the following applications have been filed with the Credit Union Department (Department) and are under consideration:
An application was received from Cabot & NOI Employees Credit Union, Pampa, Texas to expand its field of membership. The proposal would permit employees of CTW Brake Rims, Inc. who work in or are paid from Pampa, Texas, to be eligible for membership in the credit union.
An application was received from Space City Credit Union, Houston, Texas to expand its field of membership. The proposal would permit persons who live, work, worship, or attend school, businesses and other legal entities located within a 10-mile radius of the following Space City Credit Union branch locations: 3101 Harrisburg Boulevard, Houston, Texas 77003 or 1233 South Loop West, Houston, Texas 77027, to be eligible for membership in the credit union.
Comments or a request for a meeting by any interested party relating to an application must be submitted in writing within 30 days from the date of this publication. Credit unions that wish to comment on any application must also complete a Notice of Protest form. The form may be obtained by contacting the Department at (512) 837-9236 or downloading the form at http://www.tcud.state.tx.us/applications.html. Any written comments must provide all information that the interested party wishes the Department to consider in evaluating the application. All information received will be weighed during consideration of the merits of an application. Comments or a request for a meeting should be addressed to the Texas Credit Union Department, 914 East Anderson Lane, Austin, Texas 78752-1699.
TRD-200901964
Harold E. Feeney
Commissioner
Credit Union Department
Filed: May 20, 2009
In accordance with the provisions of 7 TAC §91.103, the Credit Union Department provides notice of the final action taken on the following applications:
Application to Expand Field of Membership - Approved
Community Resource Credit Union, Baytown, Texas - See Texas Register issue dated March 27, 2009.
Application to Amend Articles of Incorporation - Approved
TEC/TWC Credit Union, San Antonio, Texas - See Texas Register issue dated March 27, 2009.
TRD-200901966
Harold E. Feeney
Commissioner
Credit Union Department
Filed: May 20, 2009
The Texas Commission on Environmental Quality (TCEQ or commission) staff is providing an opportunity for written public comment on the listed Agreed Orders (AOs) in accordance with Texas Water Code (the Code), §7.075. Section 7.075 requires that before the commission may approve the AOs, the commission shall allow the public an opportunity to submit written comments on the proposed AOs. Section 7.075 requires that notice of the proposed orders and the opportunity to comment must be published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is June 29, 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 29, 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: 5 & 1 Investors, Limited; DOCKET NUMBER: 2009-0640-WQ-E; IDENTIFIER: RN105705271; LOCATION: Bell County; TYPE OF FACILITY: construction site; RULE VIOLATED: 30 Texas Administrative Code (TAC) §281.25(a)(4), by failing to obtain a construction general permit; PENALTY: $700; ENFORCEMENT COORDINATOR: Harvey Wilson, (512) 239-0321; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.
(2) COMPANY: Apac-Texas, Inc.; DOCKET NUMBER: 2009-0257-AIR-E; IDENTIFIER: RN101869253; LOCATION: Jasper, Jasper County; TYPE OF FACILITY: hot mix asphalt plant; RULE VIOLATED: 30 TAC §116.115(c), Permit Number 6224G, Special Condition (SC) Number 14, and Texas Health and Safety Code (THSC), §382.085(b), by failing to maintain records necessary to determine compliance with operating conditions of the permit; PENALTY: $500; ENFORCEMENT COORDINATOR: Audra Benoit, (409) 898-3838; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1830, (409) 898-3838.
(3) COMPANY: City of Asherton; DOCKET NUMBER: 2009-0176-MWD-E; IDENTIFIER: RN101721348; LOCATION: Dimmit County; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1) and Texas Pollutant Discharge Elimination System (TPDES) Permit Number WQ0013746001, Other Requirements Number 4, by failing to provide documentation of the pond liner certification; 30 TAC §305.125(1) and §309.13(e) and TPDES Permit Number WQ0013746001, Other Requirements Number 7, by failing to submit a nuisance odor prevention request and obtain approval; and 30 TAC §21.4 and §290.51(a)(3) and the Code, §5.702, by failing to pay fees and associated late fees; PENALTY: $2,540; ENFORCEMENT COORDINATOR: Samuel Short, (512) 239-5363; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.
(4) COMPANY: B & J Excavating, Inc.; DOCKET NUMBER: 2009-0349-WQ-E; IDENTIFIER: RN105684070; LOCATION: Angelina County; TYPE OF FACILITY: sand and gravel mining operation; RULE VIOLATED: 30 TAC §281.25(a)(4) and 40 Code of Federal Regulations (CFR) §122.26(c), by failing to obtain authorization under a TPDES Multi-Sector Industrial General Permit to discharge storm water; PENALTY: $2,000; ENFORCEMENT COORDINATOR: Jennifer Graves, (956) 425-6010; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1830, (409) 898-3838.
(5) COMPANY: Berry Contracting, L.P. dba Bay Limited; DOCKET NUMBER: 2008-1910-PST-E; IDENTIFIER: RN102919909; LOCATION: Corpus Christi, Nueces County; TYPE OF FACILITY: fleet refueling; RULE VIOLATED: 30 TAC §334.50(b)(1)(A) and the Code, §26.3475(c)(1), by failing to monitor underground storage tanks (USTs) for releases; and 30 TAC §334.72(3), by failing to report a suspected release within 24 hours of discovery; PENALTY: $3,600; ENFORCEMENT COORDINATOR: John Muennink, (361) 825-3100; REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5839, (361) 825-3100.
(6) COMPANY: Bi-County Water Supply Corporation; DOCKET NUMBER: 2009-0274-PWS-E; IDENTIFIER: RN102692183; LOCATION: Camp County; TYPE OF FACILITY: public water supply (PWS); RULE VIOLATED: 30 TAC §290.45(b)(1)(D)(iv) and THSC, §341.0315(c), by failing to provide a minimum pressure tank capacity of 20 gallons per connection; and 30 TAC §290.45(b)(1)(D)(iii) and THSC, §341.0315(c), by failing to provide a minimum of two service pumps with a total capacity of two gallons per minute (gpm) per connection; PENALTY: $575; ENFORCEMENT COORDINATOR: Rebecca Clausewitz, (210) 490-3096; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3734, (903) 535-5100.
(7) COMPANY: Pedro Callejas; DOCKET NUMBER: 2009-0302-LII-E; IDENTIFIER: RN105650493; LOCATION: Houston and Austin; Harris and Williamson Counties; TYPE OF FACILITY: landscaping business; RULE VIOLATED: 30 TAC §30.5(a) and (b) and §344.30, Texas Occupations Code, §1903.251, and the Code, §37.003, by failing to hold an irrigator license prior to selling, designing, consulting, installing, maintaining, altering, repairing, or servicing an irrigation system and by failing to refrain from advertising or representing himself to the public as a person who can perform services for which a license or registration is required; PENALTY: $743; ENFORCEMENT COORDINATOR: Keith Frank, (512) 239-1203; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1452, (713) 767-3500; 2800 South IH 35, Suite 100, Austin, Texas 78704-5700, (512) 339-2929.
(8) COMPANY: CenterPoint Energy Field Services, Inc.; DOCKET NUMBER: 2009-0268-AIR-E; IDENTIFIER: RN100825256; LOCATION: Waskom, Harrison County; TYPE OF FACILITY: natural gas compressor station; RULE VIOLATED: 30 TAC §122.143(4) and §122.145(2)(C), General Operating Permit, Site Wide Requirements (b)(2), and THSC, §382.085(b), by failing to timely submit a semi-annual deviation report; PENALTY: $2,300; ENFORCEMENT COORDINATOR: Kirk Schoppe, (512) 239-0489; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3734, (903) 535-5100.
(9) COMPANY: City of Cisco; DOCKET NUMBER: 2009-0412-PWS-E; IDENTIFIER: RN101389104; LOCATION: Cisco, Eastland County; TYPE OF FACILITY: PWS; RULE VIOLATED: 30 TAC §290.113(f)(4) and THSC, §341.0315(c), by failing to comply with the maximum contaminant level (MCL) for total trihalomethanes (TTHM); PENALTY: $1,050; ENFORCEMENT COORDINATOR: Tel Croston, (512) 239-5717; REGIONAL OFFICE: 1977 Industrial Boulevard, Abilene, Texas 79602-7833, (325) 698-9674.
(10) COMPANY: E. I. du Pont de Nemours and Company; DOCKET NUMBER: 2009-0102-AIR-E; IDENTIFIER: RN100216035; LOCATION: Nederland, Jefferson County; TYPE OF FACILITY: petrochemical plant; RULE VIOLATED: 30 TAC §101.201(c) and §122.143(4), Federal Operating Permit (FOP) Number O-01961, General Terms and Conditions (GTC), SC Number 2F, and THSC, §382.085(b), by failing to submit a final emissions event report; and 30 TAC §116.115(b)(2)(F) and (c) and §122.143(4), Air Permit Number 4351, SC Number 1, FOP Number O-01961, GTC and SC Number 16, and THSC, §382.085(b), by failing to prevent unauthorized emissions; PENALTY: $5,643; ENFORCEMENT COORDINATOR: Raymond Marlow, (409) 898-3838; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1830, (409) 898-3838.
(11) COMPANY: City of Edinburg; DOCKET NUMBER: 2009-0619-WQ-E; IDENTIFIER: RN102217734; LOCATION: Edinburg, Hidalgo County; TYPE OF FACILITY: sludge transporter; RULE VIOLATED: 30 TAC §281.25(a)(4), by failing to obtain a multi-sector general permit; PENALTY: $700; ENFORCEMENT COORDINATOR: Harvey Wilson, (512) 239-0321; REGIONAL OFFICE: 1804 West Jefferson Avenue, Harlingen, Texas 78550-5247, (956) 425-6010.
(12) COMPANY: City of Frisco; DOCKET NUMBER: 2009-0166-WQ-E; IDENTIFIER: RN101430437; LOCATION: Frisco, Collin County; TYPE OF FACILITY: wastewater collection system; RULE VIOLATED: the Code, §26.121(a), by failing to prevent an unauthorized discharge of wastewater; PENALTY: $3,750; ENFORCEMENT COORDINATOR: Jorge Ibarra, (817) 588-5800; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(13) COMPANY: Granite Stonebridge Health Center LLC; DOCKET NUMBER: 2009-0366-MWD-E; IDENTIFIER: RN101520500; LOCATION: Travis County; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), Permit Number WQ0013860001, Effluent Limitations and Monitoring Requirements Section A, and the Code, §26.121(a), by failing to comply with permit effluent limits for five-day biochemical oxygen demand and total suspended solids; and 30 TAC §305.125(1) and Permit Number WQ0013860001, Monitoring Requirements Number 5, by failing to have meter calibration records readily available for review; PENALTY: $14,250; ENFORCEMENT COORDINATOR: Jorge Ibarra, (817) 588-5800; REGIONAL OFFICE: 2800 South IH 35, Suite 100, Austin, Texas 78704-5700, (512) 339-2929.
(14) COMPANY: Haciendas Adobe Development, LP; DOCKET NUMBER: 2009-0642-WQ-E; IDENTIFIER: RN105401772; LOCATION: El Paso, El Paso County; TYPE OF FACILITY: construction site; RULE VIOLATED: 30 TAC §281.25(a)(4), by failing to obtain a construction general permit; PENALTY: $700; ENFORCEMENT COORDINATOR: Harvey Wilson, (512) 239-0321; REGIONAL OFFICE: 401 East Franklin Avenue, Suite 560, El Paso, Texas 79901-1212, (915) 834-4949.
(15) COMPANY: Haribar, LLC dba Mart Food Mart; DOCKET NUMBER: 2008-1970-PST-E; IDENTIFIER: RN102230984; LOCATION: Mart, McLennan County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.49(c)(2)(C) and the Code, §26.3475(d), by failing to inspect the impressed current cathodic protection system; 30 TAC §334.49(c)(4)(C) and the Code, §26.3475(d), by failing to have the cathodic protection system inspected and tested for operability and adequacy of protection; 30 TAC §334.50(b)(1)(A) and the Code, §26.3475(c)(1), by failing to monitor USTs for releases; 30 TAC §334.50(b)(2)(A)(i)(III) and the Code, §26.3475(a), by failing to test the line leak detectors at least once per year for performance and operational reliability; and 30 TAC §334.8(c)(5)(C), by failing to ensure that a legible tag, label, or marking with the tank number is permanently applied upon or affixed to either the top of the fill tube or to a non-removable point in the immediate area of the fill tube; PENALTY: $8,453; ENFORCEMENT COORDINATOR: Michael Graham, (806) 796-7092; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.
(16) COMPANY: HAROON & KHALID INVESTMENT, INC. dba Telephone Road Shell; DOCKET NUMBER: 2009-0272-PST-E; IDENTIFIER: RN101849693; LOCATION: Houston, Harris County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §115.245(2) and THSC, §382.085(b), by failing to verify proper operation of the Stage II equipment; PENALTY: $4,221; ENFORCEMENT COORDINATOR: Rajesh Acharya, (512) 239-0577; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1452, (713) 767-3500.
(17) COMPANY: Ineos USA, LLC; DOCKET NUMBER: 2009-0292-AIR-E; IDENTIFIER: RN100238708; LOCATION: Alvin, Brazoria County; TYPE OF FACILITY: petrochemical plant; RULE VIOLATED: 30 TAC §116.715(a), Flexible Permit Number 95, SC Number 1, and THSC, §382.085(b), by failing to prevent unauthorized emissions; PENALTY: $60,000; Supplemental Environmental Project (SEP) offset amount of $30,000 applied to Houston-Galveston AERCO's Clean Cities/Clean Vehicles Program; ENFORCEMENT COORDINATOR: Kirk Schoppe, (512) 239-0489; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1452, (713) 767-3500.
(18) COMPANY: Larry G. Little; DOCKET NUMBER: 2009-0407-WOC-E; IDENTIFIER: RN103479135; LOCATION: McAdoo, Dickens County; TYPE OF FACILITY: PWS; RULE VIOLATED: 30 TAC §30.5(a) and §30.381(b), the Code, §37.003, and THSC, §341.034(b), by failing to obtain a valid public water system operator license prior to performing process control duties in the production, treatment, and distribution of public drinking water; PENALTY: $718; ENFORCEMENT COORDINATOR: Chris Keffer, (512) 239-5610; REGIONAL OFFICE: 5012 50th Street, Suite 100, Lubbock, Texas 79414-3426, (806) 796-7092.
(19) COMPANY: Martin Operating Partnership L.P.; DOCKET NUMBER: 2009-0194-IWD-E; IDENTIFIER: RN101609436; LOCATION: Jefferson County; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number WQ0001202000, Effluent Limitations and Monitoring Requirements Numbers 1 and 2 at Outfalls 003 and 008, Number 2 at Outfall 006, and Number 1 at Outfall 005, and the Code, §26.121(a), by failing to comply with the permitted effluent limitations for ammonia nitrogen and pH; PENALTY: $20,400; SEP offset amount of $8,160 applied to Jefferson County-Pleasure Island Stabilization; ENFORCEMENT COORDINATOR: Merrilee Hupp, (512) 239-4490; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1830, (409) 898-3838.
(20) COMPANY: PAMIR, INC. dba Shop N Go; DOCKET NUMBER: 2009-0255-PST-E; IDENTIFIER: RN102432614; LOCATION: Houston, Harris County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.50(b)(1)(A) and the Code, §26.3475(c)(1), by failing to monitor USTs for releases; 30 TAC §334.50(b)(2)(A) and the Code, §26.3475(a), by failing to provide release detection for the piping associated with the USTs; 30 TAC §334.50(b)(2)(A)(i)(III) and the Code, §26.3475(a), by failing to test the line leak detectors at least once per year for performance and operational reliability; 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; and 30 TAC §334.48(c), by failing to conduct effective manual or automatic inventory control procedures for the UST system; PENALTY: $7,597; ENFORCEMENT COORDINATOR: Brianna Carlson, (956) 425-6010; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1452, (713) 767-3500.
(21) COMPANY: Nanu Patel; DOCKET NUMBER: 2009-0440-WQ-E; IDENTIFIER: RN101669026; LOCATION: Hearne, Robertson County; TYPE OF FACILITY: construction site for a motel; RULE VIOLATED: 30 TAC §281.25(a)(4) and 40 CFR §122.26(c), by failing to obtain authorization to discharge storm water associated with construction activity; PENALTY: $4,356; ENFORCEMENT COORDINATOR: Pamela Campbell, (512) 239-4493; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.
(22) COMPANY: Pure Utilities, L.C.; DOCKET NUMBER: 2009-0238-PWS-E; IDENTIFIER: RN101259885; LOCATION: Livingston, Polk County; TYPE OF FACILITY: PWS; RULE VIOLATED: 30 TAC §290.46(d)(2)(A) and THSC, §341.0315(c), by failing to operate the disinfection equipment to maintain the disinfectant residual in the water of at least 0.2 milligrams per liter (mg/L) free chlorine; 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 two gpm per connection; 30 TAC §290.45(b)(1)(C)(ii) and THSC, §341.0315(c), by failing to provide a total storage capacity of 200 gallons per connection; and 30 TAC §290.41(c)(3)(A), by failing to submit well completion data prior to placing well number two into service; PENALTY: $1,996; ENFORCEMENT COORDINATOR: Epifanio Villarreal, (361) 825-3100; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1830, (409) 898-3838.
(23) COMPANY: David M. Richter; DOCKET NUMBER: 2009-0632-WOC-E; IDENTIFIER: RN103433876; LOCATION: El Paso County; TYPE OF FACILITY: licensing; RULE VIOLATED: 30 TAC §30.5(a), by failing to obtain a required occupational license; PENALTY: $210; ENFORCEMENT COORDINATOR: Kirk Schoppe, (512) 239-0489; REGIONAL OFFICE: 401 East Franklin Avenue, Suite 560, El Paso, Texas 79901-1212, (915) 834-4949.
(24) COMPANY: Rodell Water System, Inc.; DOCKET NUMBER: 2009-0230-PWS-E; IDENTIFIER: RN105061436; LOCATION: Leon County; TYPE OF FACILITY: PWS; RULE VIOLATED: 30 TAC §290.45(f)(1), (4), and (5), by failing to provide a purchase water contract in order to properly evaluate the facility's production, storage, service pump, or pressure maintenance capacity; 30 TAC §290.46(f)(3)(D)(i), by failing to provide all facility operating records for review at the time of the investigation; and 30 TAC §290.110(c)(4)(A), by failing to monitor the disinfectant residual at representative locations throughout the distribution system; PENALTY: $1,909; ENFORCEMENT COORDINATOR: Chris Keffer, (512) 239-5610; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.
(25) COMPANY: Sam's Truck Stop Business, Inc.; DOCKET NUMBER: 2009-0252-MLM-E; IDENTIFIER: RN101377620; LOCATION: Van Horn, Culberson County; TYPE OF FACILITY: retail fueling station with a PWS; RULE VIOLATED: 30 TAC §290.121(a), by failing to develop and maintain an up-to-date chemical and microbiological monitoring plan; 30 TAC §290.46(m)(1)(A), by failing to inspect the facility's ground storage tanks annually; 30 TAC §290.46(m)(1)(B), by failing to inspect the facility's pressure tanks annually; 30 TAC §290.46(f)(2), (3)(B)(iii) and (D)(i), by failing to maintain records of water works operation and maintenance activities and make them available to commission personnel; 30 TAC §290.46(d)(2)(A) and §290.111(b)(4) and THSC, §341.0315(c), by failing to operate the disinfection equipment to maintain the residual disinfectant concentration in the water at least 0.2 mg/L free chlorine; 30 TAC §290.43(c)(6), by failing to maintain the ground storage tank; 30 TAC §290.43(c)(8), by failing to paint, disinfect, and maintain the ground storage tank in strict accordance with current American Water Works Association standards; 30 TAC §290.41(c)(3)(K), by failing to properly seal the wellhead by a gasket or sealing compound to prevent the possibility of contaminating the well water; 30 TAC §290.39(j), by failing to notify the executive director prior to making any significant change or addition to the facility's production, treatment, storage, pressure maintenance, or distribution facilities; and 30 TAC §285.34(e), by failing to provide a holding tank constructed according to the requirements established for septic tanks; PENALTY: $2,823; ENFORCEMENT COORDINATOR: Yuliya Dunaway, (210) 490-3096; REGIONAL OFFICE: 401 East Franklin Avenue, Suite 560, El Paso, Texas 79901-1212, (915) 834-4949.
(26) COMPANY: Sand Hill Foundation, LLC; DOCKET NUMBER: 2009-0620-WR-E; IDENTIFIER: RN105681332; LOCATION: Center, Shelby County; TYPE OF FACILITY: build foundations for drilling pads; RULE VIOLATED: the Code, §11.081 and §11.121, by impounding, diverting, or using state water without a required permit; PENALTY: $350; ENFORCEMENT COORDINATOR: Harvey Wilson, (512) 239-0321; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1830, (409) 898-3838.
(27) COMPANY: Tes Woldu dba T Food Mart; DOCKET NUMBER: 2009-0281-PST-E; IDENTIFIER: RN101543833; LOCATION: Dallas, Dallas County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §115.245(2) and THSC, §382.085(b), by failing to verify proper operation of the Stage II equipment; PENALTY: $2,337; ENFORCEMENT COORDINATOR: Judy Kluge, (817) 588-5800; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(28) COMPANY: Tenaska Frontier Partners, Limited; DOCKET NUMBER: 2009-0277-AIR-E; IDENTIFIER: RN100245539; LOCATION: Shiro, Grimes County; TYPE OF FACILITY: combined cycle power production plant; RULE VIOLATED: 30 TAC §122.143(4) and §122.146(2), FOP Number O-1754, GTC, and THSC, §382.085(b), by failing to timely submit an annual compliance certification report; PENALTY: $2,100; ENFORCEMENT COORDINATOR: Kirk Schoppe, (512) 239-0489; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.
(29) COMPANY: The Estates at Huntress Lane, LP and Post Oak Development of Texas, Inc.; DOCKET NUMBER: 2009-0124-EAQ-E; IDENTIFIER: RN104848205; LOCATION: Bexar County; TYPE OF FACILITY: single-family residential development; RULE VIOLATED: 30 TAC §213.23(a)(1), by failing to obtain approval of an Edwards Aquifer Contributing Zone Plan; PENALTY: $17,500; ENFORCEMENT COORDINATOR: Jennifer Graves, ((956) 425-6010; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.
(30) COMPANY: TOTAL PETROCHEMICALS USA, INC.; DOCKET NUMBER: 2009-0220-AIR-E; IDENTIFIER: RN100212109; LOCATION: La Porte, Harris County; TYPE OF FACILITY: petrochemical manufacturing plant; RULE VIOLATED: 30 TAC §116.615(2), Standard Permit Number 78962, Maximum Allowable Emission Rate Table, and THSC, §382.085(b), by failing to prevent unauthorized emissions; PENALTY: $10,000; ENFORCEMENT COORDINATOR: Trina Grieco, (210) 490-3096; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1452, (713) 767-3500.
(31) COMPANY: Valero Refining-Texas, L.P.; DOCKET NUMBER: 2009-0339-AIR-E; IDENTIFIER: RN100219310; LOCATION: Houston, Harris County; TYPE OF FACILITY: petroleum refinery; RULE VIOLATED: 30 TAC §101.201(c) and THSC, §382.085(b), by failing to submit the final report for a reportable emissions event; and 30 TAC §116.115(2)(F), Air Standard Permit Number 83749, Maximum Emission Rates Table, and THSC, §382.085(b), by failing to prevent unauthorized emissions; PENALTY: $10,439; SEP offset amount of $4,176 applied to Houston-Galveston AERCO's Clean Cities/Clean Vehicles Program; ENFORCEMENT COORDINATOR: Raymond Marlow, (409) 898-3838; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1452, (713) 767-3500.
(32) COMPANY: City of West Tawakoni; DOCKET NUMBER: 2009-0309-PWS-E; IDENTIFIER: RN101423671; LOCATION: West Tawakoni, Hunt County; TYPE OF FACILITY: PWS; RULE VIOLATED: 30 TAC §290.113(f)(4) and (5) and THSC, §341.0315(c), by failing to comply with the MCL for TTHM and haloacetic acids; PENALTY: $5,850; ENFORCEMENT COORDINATOR: Stephen Thompson, (512) 239-2558; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
TRD-200901959
Kathleen C. Decker
Director, Litigation Division
Texas Commission on Environmental Quality
Filed: May 19, 2009
An agreed order was entered regarding Quest Diagnostics Clinical Laboratories, Inc. dba Quest Diagnostics, Docket No. 2005-0021-MLM-E on May 8, 2009 assessing $51,100 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting Xavier Guerra, Staff Attorney at (210) 403-4016, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Sarn Management Inc. Toor Food Mart, Docket No. 2005-1795-PST-E on May 8, 2009 assessing $5,152 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting Phillip Goodwin, Staff Attorney at (512) 239-0675, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Angelina County Water Control and Improvement District No. 3, Docket No. 2006-2239-MWD-E on May 8, 2009 assessing $4,410 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting Tracy Chandler, Staff Attorney at (512) 239-0629, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding City of Broaddus, Docket No. 2007-0888-MLM-E on May 8, 2009 assessing $29,367 in administrative penalties with $28,079 deferred.
Information concerning any aspect of this order may be obtained by contacting Pam Campbell, Enforcement Coordinator at (512) 239-4493, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Hamshire Community Water Supply Corporation, Docket No. 2007-0970-MWD-E on May 8, 2009 assessing $46,000 in administrative penalties with $42,400 deferred.
Information concerning any aspect of this order may be obtained by contacting Pam Campbell, Enforcement Coordinator at (512) 239-4493, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
A default order was entered regarding Bert Brymer, Docket No. 2007-1271-PST-E on May 8, 2009 assessing $13,125 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting Rudy Calderon, Staff Attorney at (512) 239-0600, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
A default and shutdown order was entered regarding NTA Enterprises, Inc. dba Lucky 7 Quick Stop, Docket No. 2007-1761-PST-E on May 8, 2009 assessing $13,900 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 Parrish Machine & Service Inc., Docket No. 2007-1762-IHW-E on May 8, 2009 assessing $13,590 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting Laurencia Fasoyiro, Staff Attorney at (713) 422-8914, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Lucite International, Inc., Docket No. 2007-1876-AIR-E on May 8, 2009 assessing $50,250 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 Karl Tatsch dba Hill Country Cleaners, Docket No. 2007-2031-DCL-E on May 8, 2009 assessing $336 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting Gary Shiu, Staff Attorney at (713) 422-8916, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
A default and shut down order was entered regarding Dwight Price dba A1 Towing & Recovery, Docket No. 2008-0061-PST-E on May 8, 2009 assessing $4,675 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 Solutia Inc., Docket No. 2008-0062-AIR-E on May 8, 2009 assessing $117,048 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.
An agreed order was entered regarding Veolia ES Technical Solutions, L.L.C., Docket No. 2008-0270-IHW-E on May 8, 2009 assessing $6,090 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting Jacquelyn Boutwell, Staff Attorney at (512) 239-5846, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Alberto Perez, Sr. dba Dos Amigos Guns, Docket No. 2008-0541-PST-E on May 8, 2009 assessing $8,925 in administrative penalties with $1,785 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.
A default order was entered regarding Kenneth and Gloria Poppe dba Poppe's Pub & Grub, Docket No. 2008-0553-PWS-E on May 8, 2009 assessing $850 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.
A default order was entered regarding Randy Russell dba Oak Ridge Mobile Home Park, Docket No. 2008-0638-PWS-E on May 8, 2009 assessing $1,010 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.
An agreed order was entered regarding CKN, Inc. dba Corner Food Mart, Docket No. 2008-0820-PST-E on May 8, 2009 assessing $1,125 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.
A default order was entered regarding James Lindgren dba Tow King, Inc., Docket No. 2008-0828-MSW-E on May 8, 2009 assessing $1,050 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.
An agreed order was entered regarding E. I. du Pont de Nemours and Company, Docket No. 2008-0971-AIR-E on May 8, 2009 assessing $12,859 in administrative penalties with $2,571 deferred.
Information concerning any aspect of this order may be obtained by contacting Raymond Marlow, Enforcement Coordinator at (409) 899-8785, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
A default order was entered regarding Allen Watts dba Lago Vista Water System, Docket No. 2008-0977-PWS-E on May 8, 2009 assessing $2,068 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting Peipey Tang, 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 TOTAL PETROCHEMICALS USA, INC., Docket No. 2008-1173-AIR-E on May 8, 2009 assessing $83,424 in administrative penalties with $16,684 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 Francisco Cornejo dba Marble Palace Company, Docket No. 2008-1192-WQ-E on May 8, 2009 assessing $2,100 in administrative penalties with $420 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.
A default order was entered regarding Webera, Inc. dba Max Dry Clean Super Store, Docket No. 2008-1264-DCL-E on May 8, 2009 assessing $3,606 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 REHMANIA CLEANERS, L.L.C. dba Premier Cleaners, Docket No. 2008-1367-DCL-E on May 8, 2009 assessing $2,164 in administrative penalties with $432 deferred.
Information concerning any aspect of this order may be obtained by contacting Michael Graham, Enforcement Coordinator at (806) 796-7635, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Load Trail, Ltd., Docket No. 2008-1464-AIR-E on May 8, 2009 assessing $68,250 in administrative penalties with $13,650 deferred.
Information concerning any aspect of this order may be obtained by contacting Terry Murphy, Enforcement Coordinator at (512) 239-5025, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Abdulbhai Momin dba Handi Plus 37, Docket No. 2008-1480-PST-E on May 8, 2009 assessing $16,196 in administrative penalties with $3,239 deferred.
Information concerning any aspect of this order may be obtained by contacting Wallace Myers, Enforcement Coordinator at (512) 239-6580, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Flat Rock Minerals, LLC, Docket No. 2008-1570-AIR-E on May 8, 2009 assessing $3,470 in administrative penalties with $694 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 James Hall, Docket No. 2008-1614-WOC-E on May 8, 2009 assessing $1,491 in administrative penalties with $298 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 ConocoPhillips Company, Docket No. 2008-1636-AIR-E on May 8, 2009 assessing $10,150 in administrative penalties with $2,030 deferred.
Information concerning any aspect of this order may be obtained by contacting Terry Murphy, Enforcement Coordinator at (512) 239-5025, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding RJR BioEnergy, Inc., Docket No. 2008-1638-MSW-E on May 8, 2009 assessing $7,761 in administrative penalties with $1,552 deferred.
Information concerning any aspect of this order may be obtained by contacting Ross Fife, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
A default order was entered regarding Javier B. Armendariz, Docket No. 2008-1668-PST-E on May 8, 2009 assessing $15,625 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting Phillip Goodwin, Staff Attorney at (512) 239-0675, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Delek Refining, Ltd., Docket No. 2008-1670-AIR-E on May 8, 2009 assessing $26,500 in administrative penalties with $5,300 deferred.
Information concerning any aspect of this order may be obtained by contacting Rebecca Johnson, Enforcement Coordinator at (361) 825-3420, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding ASHNOOR, L.L.C., Docket No. 2008-1681-PST-E on May 8, 2009 assessing $8,419 in administrative penalties with $1,683 deferred.
Information concerning any aspect of this order may be obtained by contacting Wallace Myers, Enforcement Coordinator at (512) 239-6580, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Frank Prado dba Prado's Backhoe Service, Docket No. 2008-1682-SLG-E on May 8, 2009 assessing $8,950 in administrative penalties with $1,790 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 Jimmie Wayne Massey, Docket No. 2008-1683-MWD-E on May 8, 2009 assessing $3,000 in administrative penalties with $600 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 YASINHA INC dba Forum 303 Chevron, Docket No. 2008-1686-PST-E on May 8, 2009 assessing $19,057 in administrative penalties with $3,811 deferred.
Information concerning any aspect of this order may be obtained by contacting Wallace Myers, Enforcement Coordinator at (512) 239-6580, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Sayed Ridi dba S R Auto Sales, Docket No. 2008-1718-PST-E on May 8, 2009 assessing $3,325 in administrative penalties with $665 deferred.
Information concerning any aspect of this order may be obtained by contacting Tom Greimel, Enforcement Coordinator at (512) 239-5690, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Poly Trucking Inc. dba Poly-Trucking, Docket No. 2008-1720-PST-E on May 8, 2009 assessing $34,919 in administrative penalties with $6,983 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 Cherokee Independent School District, Docket No. 2008-1731-PWS-E on May 8, 2009 assessing $3,008 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting Amanda Henry, Enforcement Coordinator at (713) 767-3672, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding TXI OPERATIONS, LP, Docket No. 2008-1751-IWD-E on May 8, 2009 assessing $14,400 in administrative penalties with $2,880 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 Aqua Water Supply Corporation, Docket No. 2008-1790-MWD-E on May 8, 2009 assessing $5,800 in administrative penalties with $1,160 deferred.
Information concerning any aspect of this order may be obtained by contacting Jeremy Escobar, Enforcement Coordinator at (512) 239-1460, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Trinity Materials, Inc., Docket No. 2008-1803-WQ-E on May 8, 2009 assessing $770 in administrative penalties with $154 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.
A default order was entered regarding Rodrigo Salas dba Sams Cleaners, Docket No. 2008-1805-DCL-E on May 8, 2009 assessing $3,172 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting Tommy Tucker Henson II, Staff Attorney at (512) 239-0946, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding John R. Murff, Docket No. 2008-1826-PST-E on May 8, 2009 assessing $5,450 in administrative penalties with $1,090 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 Linda Correa Garcia, Docket No. 2008-1827-PST-E on May 8, 2009 assessing $5,500 in administrative penalties with $1,100 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 Tyson Fresh Meats, Inc., Docket No. 2008-1836-IWD-E on May 8, 2009 assessing $3,040 in administrative penalties with $608 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 Mendi T. Momin dba Pedernales Country Store, Docket No. 2008-1837-PST-E on May 8, 2009 assessing $5,250 in administrative penalties with $1,050 deferred.
Information concerning any aspect of this order may be obtained by contacting Tom Greimel, Enforcement Coordinator at (512) 239-5690, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding City of La Ward, Docket No. 2008-1848-PWS-E on May 8, 2009 assessing $1,664 in administrative penalties with $332 deferred.
Information concerning any aspect of this order may be obtained by contacting Andrea Linson-Mgbeoduru, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Bexar Metropolitan Water District Public Facility Corporation, Docket No. 2008-1849-PWS-E on May 8, 2009 assessing $508 in administrative penalties with $101 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.
An agreed order was entered regarding Richdairy Ventures Inc dba High Five Food Store 21, Docket No. 2008-1861-PST-E on May 8, 2009 assessing $10,100 in administrative penalties with $2,020 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 SHAKU BROTHERS INC. dba Memorial Hill Food Mart, Docket No. 2008-1862-PST-E on May 8, 2009 assessing $1,540 in administrative penalties with $308 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 Bentwood Estates, Inc., Docket No. 2008-1885-MWD-E on May 8, 2009 assessing $3,318 in administrative penalties with $663 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 Macario Hernandez, Docket No. 2008-1891-MSW-E on May 8, 2009 assessing $1,050 in administrative penalties with $210 deferred.
Information concerning any aspect of this order may be obtained by contacting Keith Frank, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding CPG Investments LLC and Aspri Investments, LLC dba Dill Food Mart, Docket No. 2008-1908-PST-E on May 8, 2009 assessing $2,250 in administrative penalties with $450 deferred.
Information concerning any aspect of this order may be obtained by contacting Pam Campbell, Enforcement Coordinator at (512) 239-4493, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Berry Contracting, L.P. dba Bay LTD, Docket No. 2008-1911-PST-E on May 8, 2009 assessing $6,990 in administrative penalties with $1,398 deferred.
Information concerning any aspect of this order may be obtained by contacting John Muennink, Enforcement Coordinator at (361) 825-3423, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding NRH GROUP, INC dba Park and Gas, Docket No. 2008-1917-PST-E on May 8, 2009 assessing $8,916 in administrative penalties with $1,783 deferred.
Information concerning any aspect of this order may be obtained by contacting Tom Greimel, Enforcement Coordinator at (512) 239-5690, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding City of Fort Worth, Docket No. 2008-1924-WQ-E on May 8, 2009 assessing $3,750 in administrative penalties.
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 United States Postal Service, Docket No. 2008-1928-EAQ-E on May 8, 2009 assessing $1,500 in administrative penalties with $300 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 Pavilion Assisted Living, LLC, Docket No. 2008-1949-EAQ-E on May 8, 2009 assessing $750 in administrative penalties with $150 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 Ingram Concrete, LLC, Docket No. 2008-1957-AIR-E on May 8, 2009 assessing $4,050 in administrative penalties with $810 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 Quicksilver Resources Inc., Docket No. 2008-1964-WR-E on May 8, 2009 assessing $700 in administrative penalties with $140 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 John Yturri, Docket No. 2009-0015-MLM-E on May 8, 2009 assessing $5,553 in administrative penalties with $1,110 deferred.
Information concerning any aspect of this order may be obtained by contacting Ross Fife, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding AMBICA CORPORATION dba Pecan Food Mart, Docket No. 2009-0019-PST-E on May 8, 2009 assessing $2,625 in administrative penalties with $525 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 Liberty Materials, Inc., Docket No. 2009-0031-IWD-E on May 8, 2009 assessing $1,900 in administrative penalties with $380 deferred.
Information concerning any aspect of this order may be obtained by contacting Jeremy Escobar, Enforcement Coordinator at (512) 239-1460, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Luna Creek, Ltd., Docket No. 2009-0042-EAQ-E on May 8, 2009 assessing $1,500 in administrative penalties with $300 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 Emory, Docket No. 2009-0051-MWD-E on May 8, 2009 assessing $5,250 in administrative penalties with $1,050 deferred.
Information concerning any aspect of this order may be obtained by contacting Jennifer Graves, Enforcement Coordinator at (956) 430-6023, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding IH10/FIS Building, L.P., Docket No. 2009-0063-PWS-E on May 8, 2009 assessing $2,665 in administrative penalties with $533 deferred.
Information concerning any aspect of this order may be obtained by contacting Yuliya Dunaway, Enforcement Coordinator at (210) 490-3096, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
A field citation was entered regarding Francisco Vasquez, Docket No. 2008-1843-WOC-E on May 8, 2009 assessing $210 in administrative penalties.
Information concerning any aspect of this citation may be obtained by contacting Melissa Keller, SEP Coordinator at (512) 239-1768, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
A field citation was entered regarding Lamb County Hospital, Docket No. 2008-1846-PST-E on May 8, 2009 assessing $875 in administrative penalties.
Information concerning any aspect of this citation may be obtained by contacting Melissa Keller, SEP Coordinator at (512) 239-1768, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
A field citation was entered regarding Red River Redevelopment Authority, Docket No. 2008-1864-WQ-E on May 8, 2009 assessing $700 in administrative penalties.
Information concerning any aspect of this citation may be obtained by contacting Melissa Keller, SEP Coordinator at (512) 239-1768, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
A field citation was entered regarding Thomas V. Rodriquez, Docket No. 2008-1961-WOC-E on May 8, 2009 assessing $210 in administrative penalties.
Information concerning any aspect of this citation may be obtained by contacting Melissa Keller, SEP Coordinator at (512) 239-1768, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
A field citation was entered regarding Maximino Acuna, Docket No. 2008-1963-WOC-E on May 8, 2009 assessing $210 in administrative penalties.
Information concerning any aspect of this citation may be obtained by contacting Melissa Keller, SEP Coordinator at (512) 239-1768, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
A field citation was entered regarding Allen Keller Company, Docket No. 2008-1965-WQ-E on May 8, 2009 assessing $700 in administrative penalties.
Information concerning any aspect of this citation may be obtained by contacting Melissa Keller, SEP Coordinator at (512) 239-1768, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
A field citation was entered regarding AB Builders, Docket No. 2008-1972-WQ-E on May 8, 2009 assessing $700 in administrative penalties.
Information concerning any aspect of this citation may be obtained by contacting Melissa Keller, SEP Coordinator at (512) 239-1768, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An order was entered regarding Mustafa Nadaf dba Discount Mini Mart, Docket No. 2007-0609-PST-E on May 7, 2009 assessing $15,875 in administrative penalties.
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 order was entered regarding Gwen Gordon and Wanda Percy dba Holliday Cafe, Docket No. 2007-0741-PST-E on May 14, 2009 assessing $1,000 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting Kimberly Morales, Enforcement Coordinator at (713) 422-8938, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An order was entered granting Dissolution of Salt Fork Underground Water Conservation District, Docket No. 2007-0766-DIS-E on May 14, 2009 assessing $0 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting Rebecca Clausewitz, Enforcement Coordinator at (210) 403-4012, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
TRD-200901972
LaDonna Castañuela
Chief Clerk
Texas Commission on Environmental Quality
Filed: May 20, 2009
Post-Closure Order No. 32123
TCEQ Docket No. 2008-1402-IHW
APPLICATION AND PRELIMINARY DECISION. The American Ecology Environmental Services Corporation (AEESC), located at 13640 Highway 155 North, Tyler, Smith County, Texas, has applied to the Texas Commission on Environmental Quality (TCEQ) to conduct post-closure care for closed, inactive hazardous waste management units, and to conduct groundwater compliance monitoring at the facility. AEESC is the owner and operator of this closed commercial waste management facility and there are no active waste management operations at the facility. AEESC filed this application on January 3, 2008.
TCEQ's Executive Director has completed the technical review of the application and prepared a proposed Post-Closure Order. The proposed Order, if approved, would establish the post-closure care and compliance monitoring requirements for the closed waste management units. The Executive Director has made a preliminary decision that this proposed Order, if issued, meets all statutory and regulatory requirements. The Post-Closure Order application, Executive Director's Preliminary Decision, and proposed Post-Closure Order are available for viewing and copying at the Tyler Public Library, 201 South College Avenue, Tyler, Smith County, Texas.
The post-closure care requirements proposed for AEESC assume the following: that AEESC will comply with post-closure care monitoring requirements for the closed waste management units; that it will meet compliance monitoring requirements for groundwater monitoring for the closed RCRA-permitted waste management units, Solid Waste Management Units, and Area of Concerns that are closed as a single waste management area; and that it will comply with post-closure and compliance monitoring financial assurance requirements.
ADDITIONAL NOTICE. After the remedial action is complete (in this case post-closure care), the Executive Director will issue another notice indicating his proposed decision that remedial action is complete at the facility. Notice of a Proposed Decision that Remedial Action is Complete will be published and mailed to those who are on the county-wide mailing list and to those who are on the mailing list for this application. That notice will contain the deadline for submitting public comments on the Proposed Decision that Remedial Action is Complete.
PUBLIC COMMENT. You may submit public comments on this application. The Executive Director will respond to timely comments raising issues that are relevant and material or otherwise significant. After the Executive Director files the response to comments, the chief clerk shall mail the response to comments to persons who submitted comments during the comment period and persons who requested to be on the mailing list for the action.
MAILING LIST. If you submit public comments you will be added to the mailing list for this specific application to receive future public notices mailed by the Office of the Chief Clerk. In addition, you may request to be placed on: (1) the permanent mailing list for a specific applicant name and permit number; and/or (2) the mailing list for a specific county. If you wish to be placed on the permanent and/or the county mailing list, clearly specify which list(s) and send your request to TCEQ Office of the Chief Clerk at the address below.
AGENCY CONTACTS AND INFORMATION. All written public comments and requests must be submitted within 30 days from the date of newspaper publication of this notice to the Office of the Chief Clerk, MC 105, TCEQ, P.O. Box 13087, Austin, Texas 78711-3087 or electronically at www.tceq.state.tx.us/about/comments.html. If you need more information about this application or the process, please call TCEQ Office of Public Assistance, toll free, at 1-800-687-4040. Si desea información en Español, puede llamar al 1-800-687-4040. General information about TCEQ can be found at our web site at www.tceq.state.tx.us.
Further information may also be obtained from AEESC representatives at Titanium Environmental Services, LLC, P.O. Box 4029, Longview, Texas 75606 or by calling Ms. Laura Rectenwald at (903) 234-8443.
TRD-200901970
LaDonna Castañuela
Chief Clerk
Texas Commission on Environmental Quality
Filed: May 20, 2009
The Texas Commission on Environmental Quality (TCEQ or commission) staff is providing an opportunity for written public comment on the listed Agreed Orders (AOs) in accordance with Texas Water Code (TWC), §7.075. Section 7.075 requires that before the commission may approve the AOs, the commission shall allow the public an opportunity to submit written comments on the proposed AOs. Section 7.075 requires that notice of the opportunity to comment must be published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is June 29, 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 29, 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: Aguado Stone Incorporated; DOCKET NUMBER: 2008-1713-MLM-E; TCEQ ID NUMBER: RN105086110; LOCATION: 3601 County Road 239, Georgetown, Williamson County; TYPE OF FACILITY: limestone quarry; RULES VIOLATED: 30 TAC §213.4(a)(1), by failing to submit an Edwards Aquifer Protection Plan for commission approval prior to conducting regulated activities on the Edwards Aquifer Recharge Zone; 30 TAC §327.5(a), by failing to immediately abate and contain a spill or discharge; 30 TAC §281.25(a)(4) and 40 Code of Federal Regulations (CFR) §122.26(c), by failing to obtain authorization to discharge storm water associated with stone quarry activities at the facility; 30 TAC §334.127(a), by failing to register aboveground storage tanks with the TCEQ; 30 TAC §111.201 and Texas Health and Safety Code, §382.085(b), by failing to comply with the general prohibition on outdoor burning at the facility; 30 TAC §330.15(c), by failing to prevent the disposal of municipal solid waste at an unauthorized facility; and 30 TAC §327.5(a), by failing to abate or contain spills or discharges of petroleum products; PENALTY: $41,750; STAFF ATTORNEY: James Sallans, Litigation Division, MC 175, (512) 239-2053; REGIONAL OFFICE: Austin Regional Office, 2800 South Interstate Highway 35, Suite 100, Austin, Texas 78704-5712, (512) 339-2929.
(2) COMPANY: Jose De Los Santos dba De Los Santos Ready Mix; DOCKET NUMBER: 2008-0951-MSW-E; TCEQ ID NUMBER: RN105178941; LOCATION: 2 Industrial Boulevard, Eagle Pass, Maverick County; TYPE OF FACILITY: sand and gravel excavation and sorting business; RULES VIOLATED: 30 TAC §330.15(c), by failing to prevent the unauthorized disposal of municipal solid waste; PENALTY: $1,050; STAFF ATTORNEY: Kari Gilbreth, Litigation Division, MC 175, (512) 239-1320; REGIONAL OFFICE: Laredo Regional Office, 707 East Calton Road, Suite 304, Laredo, Texas 78041-3887, (956) 791-6611.
(3) COMPANY: Mohammad A. Swati; DOCKET NUMBER: 2008-0742-PST-E; TCEQ ID NUMBER: RN101773232; LOCATION: 1107 Cordrey Street, Orange, Orange County; TYPE OF FACILITY: property that previously contained two inactive underground storage tanks (USTs); RULES VIOLATED: 30 TAC §334.7(d)(3), by failing to provide an amended UST registration to the TCEQ for any change or additional information regarding USTs within 30 days from the date of the occurrence of the change; PENALTY: $1,100; STAFF ATTORNEY: Stephanie J. Frazee, Litigation Division, MC 175, (512) 239-3693; REGIONAL OFFICE: Beaumont Regional Office, 3870 Eastex Freeway, Beaumont, Texas 77703-1830, (409) 898-3838.
(4) COMPANY: Murlwyn L. Stringer; DOCKET NUMBER: 2008-0257-PST-E; TCEQ ID NUMBER: RN101548774; LOCATION: Interstate 45 at Exit 221, south of Angus, Navarro County; TYPE OF FACILITY: four inactive USTs; RULES VIOLATED: 30 TAC §334.47(a)(2), by failing to perform the permanent removal of four USTs that had not met the upgrade requirements; PENALTY: $2,625; STAFF ATTORNEY: Benjamin Thompson, Litigation Division, MC 175, (512) 239-1297; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(5) COMPANY: Robertina Haro; DOCKET NUMBER: 2008-0534-PST-E; TCEQ ID NUMBER: RN102221868; LOCATION: 2 3/4 Mile North Conway, Mission, Hidalgo County; TYPE OF FACILITY: UST system; RULES VIOLATED: 30 TAC §334.7(d)(3), by failing to provide an amended registration regarding USTs within 30 days from the date of the occurrence of the change or addition; and 30 TAC §334.47(a)(2), by failing to permanently remove from service, no later than 60 days after the prescribed updated implementation date, three USTs for which any applicable component of the system was not brought into timely compliance with the upgrade requirements; PENALTY: $17,600; STAFF ATTORNEY: Kari Gilbreth, Litigation Division, MC 175, (512) 239-1320; REGIONAL OFFICE: Harlingen Regional Office, 1804 West Jefferson Avenue, Harlingen, Texas 78550-5247, (956) 425-6010.
(6) COMPANY: Tex-Wave Industries, L.P., Tex-Wave Management, L.L.C., David Croft, and Monty Guiles; DOCKET NUMBER: 2007-1347-MLM-E; TCEQ ID NUMBER: RN101979466; LOCATION: 450 Industrial Avenue, Robstown, Nueces County; TYPE OF FACILITY: metal galvanizing facility; RULES VIOLATED: 30 TAC §106.375(2)(B), by failing to have hydrochloric acid in an enclosed building; 30 TAC §335.6(c), by failing to update the Notice of Registration to reflect current site conditions; 30 TAC §§335.9(a)(1), 335.13(i), and 335.431(c), and 40 CFR §262.40(a) and §268.7(a)(8), by failing to maintain all records for hazardous and industrial waste activities, by failing to maintain copies of each manifest for a minimum of three years from the date of shipment, and by failing to maintain records for land disposal restrictions; and 30 TAC §335.69(a)(1)(B) and §335.112(a)(9) and 40 CFR §262.34(a)(1)(ii) and §265.197, by failing to comply with hazardous waste tank requirements and to conduct adequate tank closure; PENALTY: $38,640; STAFF ATTORNEY: Gary Shiu, Litigation Division, MC R-12, (713) 422-8916; REGIONAL OFFICE: Corpus Christi Regional Office, 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5839, (361) 825-3100.
TRD-200901949
Kathleen C. Decker
Director, Litigation Division
Texas Commission on Environmental Quality
Filed: May 19, 2009
The Texas Commission on Environmental Quality (TCEQ or commission) staff is providing an opportunity for written public comment on the listed Default Orders (DOs). The commission staff proposes a DO when the staff has sent an executive director's preliminary report and petition (EDPRP) to an entity outlining the alleged violations; the proposed penalty; and the proposed technical requirements necessary to bring the entity back into compliance; and the entity fails to request a hearing on the matter within 20 days of its receipt of the EDPRP or requests a hearing and fails to participate at the hearing. Similar to the procedure followed with respect to Agreed Orders entered into by the executive director of the commission, in accordance with Texas Water Code (TWC), §7.075 this notice of the proposed order and the opportunity to comment is published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is June 29, 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 29, 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: AKJ Management, Inc. dba A&B Food Mart; DOCKET NUMBER: 2008-1363-PST-E; TCEQ ID NUMBER: RN101539294; LOCATION: 300 East Moore Avenue, Terrell, Kaufman County; TYPE OF FACILITY: property with three inactive underground storage tanks (USTs); RULES VIOLATED: 30 TAC §334.50(b)(1)(A) and TWC, §26.3475(c)(1), by failing to ensure that all USTs are monitored in a manner that will detect a release at a frequency of at least once every month (not to exceed 35 days between each monitoring); and 30 TAC §115.221 and Texas Health and Safety Code, §382.085(6), by failing to install an approved Stage I vapor recovery system; PENALTY: $6,250; STAFF ATTORNEY: Phillip Goodwin, Litigation Division, MC 175, (512) 239-0675; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(2) COMPANY: John Young dba Royal Coach Mobile Home Village; DOCKET NUMBER: 2008-1643-PWS-E; TCEQ ID NUMBER: RN102678000; LOCATION: 700 West Greens Road, Houston, Harris 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) to each bill paying customer by July 1st of each year and by failing to submit a copy of the annual CCR and certification that the CCR has been distributed to the customers of the water system and that the information in the CCR is correct and consistent with compliance monitoring data to the TCEQ by July 1st of each year; PENALTY: $754; STAFF ATTORNEY: Jennifer Cook, Litigation Division, MC 175, (512) 239-1873; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Street, Suite H, Houston, Texas 77023, (713) 767-3500.
(3) COMPANY: The J.W. Grimes Family Limited Partnership; DOCKET NUMBER: 2008-1187-MSW-E; TCEQ ID NUMBER: RN105517247 and RN105372718; LOCATION: 3146 Sherwood Avenue, Lancaster, Dallas County (RN105372718; Lancaster Site) and 10045 Farm-to-Market Road 66, Maypearl, Ellis County (RN105517247; Maypearl Site); TYPE OF FACILITY: two unauthorized municipal solid waste disposal sites; RULES VIOLATED: 30 TAC §330.15(c), by failing to prevent the disposal of municipal solid waste at an unauthorized site (the Maypearl Site); and 30 TAC §330.15(c), by failing to prevent the disposal of municipal solid waste at an unauthorized site (the Lancaster Site); PENALTY: $15,000; STAFF ATTORNEY: Kari Gilbreth, Litigation Division, MC 175, (512) 239-1320; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
TRD-200901950
Kathleen C. Decker
Director, Litigation Division
Texas Commission on Environmental Quality
Filed: May 19, 2009
APPLICATION Stericycle, Inc., 28161 North Keith Drive, Lake Forest, Lake County, IL 60045-4528, has applied to the Texas Commission on Environmental Quality (TCEQ or Commission) for an amendment to their current Type V medical waste processing permit. The applicant is requesting a major amendment to the permit to increase the waste capacity of the facility. The facility is located at 2821 Industrial Lane, Garland, Dallas County, Texas 75041. The TCEQ received the application on March 16, 2009. The permit amendment application is available for viewing and copying at the Garland Central Public Library, 625 Austin Street, Garland, Dallas County, Texas 75040.
ADDITIONAL NOTICE. TCEQ's Executive Director has determined the application is administratively complete and will conduct a technical review of the application. After technical review of the application is complete, the Executive Director may prepare a draft permit and will issue a preliminary decision on the application. Notice of the Application and Preliminary Decision will be published and mailed to those who are on the county-wide mailing list and to those who are on the mailing list for this application. That notice will contain the deadline for submitting public comments.
PUBLIC COMMENT/PUBLIC MEETING. You may submit public comments or request a public meeting on this application. The purpose of a public meeting is to provide the opportunity to submit comments or to ask questions about the application. TCEQ will hold a public meeting if the Executive Director determines that there is a significant degree of public interest in the application or if requested by a local legislator. A public meeting is not a contested case hearing.
OPPORTUNITY FOR A CONTESTED CASE HEARING. After the deadline for submitting public comments, the Executive Director will consider all timely comments and prepare a response to all relevant and material, or significant public comments. Unless the application is directly referred for a contested case hearing, the response to comments, and the Executive Director's decision on the application, will be mailed to everyone who submitted public comments and to those persons who are on the mailing list for this application. If comments are received, the mailing will also provide instructions for requesting reconsideration of the Executive Director's decision and for requesting a contested case hearing. A person who may be affected by the facility is entitled to request a contested case hearing from the Commission. A contested case hearing is a legal proceeding similar to a civil trial in state district court.
TO REQUEST A CONTESTED CASE HEARING, YOU MUST INCLUDE THE FOLLOWING ITEMS IN YOUR REQUEST: your name, address, phone number; applicant's name and permit number; the location and distance of your property/activities relative to the facility; a specific description of how you would be adversely affected by the facility in a way not common to the general public; and, the statement "[I/we] request a contested case hearing." If the request for contested case hearing is filed on behalf of a group or association, the request must designate the group's representative for receiving future correspondence; identify an individual member of the group who would be adversely affected by the facility or activity; provide the information discussed above regarding the affected member's location and distance from the facility or activity; explain how and why the member would be affected; and explain how the interests the group seeks to protect are relevant to the group's purpose.
Following the close of all applicable comment and request periods, the Executive Director will forward the application and any requests for reconsideration or for a contested case hearing to the TCEQ Commissioners for their consideration at a scheduled Commission meeting.
The Commission will only grant a contested case hearing on disputed issues of fact that are relevant and material to the Commission's decision on the application. Further, the Commission will only grant a hearing on issues that were raised in timely filed comments that were not subsequently withdrawn.
MAILING LIST. If you submit public comments, a request for a contested case hearing or a reconsideration of the Executive Director's decision, you will be added to the mailing list for this specific application to receive future public notices mailed by the Office of the Chief Clerk. In addition, you may request to be placed on: (1) the permanent mailing list for a specific applicant name and permit number and/or (2) the mailing list for a specific county. If you wish to be placed on the permanent and/or the county mailing list, clearly specify which list(s) and send your request to the TCEQ Office of the Chief Clerk at the address below.
AGENCY CONTACTS AND INFORMATION. All written public comments and requests must be submitted to the Office of the Chief Clerk, MC 105, TCEQ, P.O. Box 13087, Austin, TX 78711-3087 or electronically at www.tceq.state.tx.us/about/comments.html. If you need more information about this permit application or the permitting process, please call the TCEQ Office of Public Assistance, Toll Free, at 1-800-687-4040. Si desea información en Español, puede llamar al 1-800-687-4040. General information about TCEQ can be found at our web site at www.tceq.state.tx.us.
Further information may also be obtained from Stericycle, Inc. at the address stated above or by calling Mr. John Hargrove, P.E., Consultant, Geosyntec at (281) 810-5055.
TRD-200901971
LaDonna Castañuela
Chief Clerk
Texas Commission on Environmental Quality
Filed: May 20, 2009
The following notices were issued during the period of April 28, 2009 through May 14, 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 EASTLAND has applied for a renewal of TPDES Permit No. WQ0010637001 which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 900,000 gallons per day. The facility is located at the east end of Smith Street, approximately one mile southeast of the intersection of State Highway 6 and U.S. Highway 80 and 1.4 miles northeast of the intersection of State Highway 6 and Interstate Highway 20, in the City of Eastland in Eastland County, Texas.
CITY OF ALBANY has applied to the Texas Commission on Environmental Quality (TCEQ) for a renewal of TPDES Permit No. WQ0010035002, which authorizes the discharge of filter backwash effluent from a water treatment plant at a daily average flow not to exceed 60,000 gallons per day. The facility is located at 917 Railroad Street at the intersection of Railroad Street and North Avenue C in the City of Albany in Shackelford County, Texas.
CITY OF EARTH has applied for a renewal of Permit No. WQ0010162001, which authorizes the disposal of treated domestic wastewater at a daily average flow not to exceed 200,000 gallons per day via evaporation on 1.6 acres of pond area, and the further disposal of treated domestic wastewater effluent at a daily average flow not to exceed 70,000 gallons per day via surface irrigation of 30 acres of non-public access agricultural land on demand for supplemental irrigation only. This permit will not authorize a discharge of pollutants into waters in the State. The wastewater treatment facility and disposal site are located in the southeast quarter of the City of Earth at a point 0.25 mile east of the intersection of U.S. Highway 70 and Farm-to-Market Road 1055 and 0.25 mile south on Elm Street in Lamb County, Texas.
CITY OF SAN MARCOS has applied for a major amendment to TPDES Permit No. WQ0010273002 to authorize an increase in the 2-hour peak flow discharge of treated domestic wastewater from 12,500 gallons per minute to 21,528 gallons per minute. The current permit 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 on the north bank of the San Marcos River, approximately 4,000 feet east of the intersection of State Highway 123 and Interstate Highway 35 in the City of San Marcos in Hays County, Texas.
MCWANE INC which operates Tyler Pipe, a grey and ductile iron foundry, has applied for a major amendment to TPDES Permit No. WQ0001793000 to add the authorization to discharge casting quench process wastewater, North and South Plant cooling tower blowdown, treated domestic wastewater, industrial garage washdown water, storm water from plant areas and the Tyler Landfill area and miscellaneous de minimis flows (such as heat exchanger drains, shell cooling water testing, furnace backup water, condensate, washdown, water from air tank test, wastewater treatment plant sludge press washdown, fire/emergency water line flush, stabilization building washdown, etc.) at a daily average flow not to exceed 720,000 gallons per day via Outfall 001; to recalculate technology-based annual loadings and concentration limitations at Outfall 001; to add the authorization to route treated domestic wastewater via Outfall 002 or to the South Wastewater Treatment Plant for reuse and/or discharge via Outfall 001; to and revise the minimum analytical level for oil and grease from 5 milligram per liters (mg/l) to between 1.15 mg/l to 5 mg/l. The current permit authorizes the discharge of treated (mold cooling) process wastewater at a daily average flow not to exceed 720,000 gallons per day via Outfall 001, treated domestic wastewater at a daily average flow not to exceed 60,000 gallons per day via Outfall 002, and storm water runoff on an intermittent and flow variable basis via Outfalls 003 and 004. The facility is located north of the intersection of and between U.S. Highway 69 and Jim Hogg Highway (old Lindale Highway) in the community of Swan, Smith County, Texas.
SPORTSMANS WORLD MUNICIPAL UTILITY DISTRICT which operates Sportsman's World MUD WWTP, has applied for a major amendment to TPDES Permit No. WQ0002461000 to authorize an increase in the daily average flow limitation from 100,000 gallons per day to 800,000 gallons per day; an increase in the daily maximum flow limitation from 150,000 to 1,200,000 gallons per day; less stringent effluent limitations for total dissolved solids; and decrease in the monitoring frequency for total dissolved solids. The current permit authorizes the discharge of reverse osmosis reject water on a daily average flow not to exceed 100,000 gallons per day via Outfall 001. The facility is located approximately 0.5 mile south-southwest of the mouth of the Bluff Creek tributary to the main body of Possum Kingdom Reservoir or approximately 0.25 mile southeast of Bluff Creek Marina, Palo Pinto County, Texas.
HYDROCARBON RECOVERY SERVICES INC which operates the Baytown Facility, has applied for a renewal to TPDES Permit No. WQ0004710000 which authorizes the discharge of treated process wastewater, non-contact cooling water, and treated contact storm water at a daily average flow not to exceed 100,000 gallons per day via Outfall 001; and contact storm water from the Separation/Distillate area and previously monitored storm water on an intermittent and flow variable basis via Outfall 002. The amendment request submitted with the application has been withdrawn. The application is now for a permit renewal without changes as requested by the applicant. The facility is located approximately 5980 feet south of State Highway 146 on Spur 55 and approximately 875 feet east of the intersection of Spur 55 and Farm-to-Market Road 1405, Chambers County, Texas.
CITY OF COLLEGE STATION has applied for a renewal of TPDES Permit No. WQ0010024003, which authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 2,000,000 gallons per day. The facility is located immediately south of Rock Prairie Road, approximately 16,000 feet east-northeast of the intersection of State Highway 6 and Greens Prairie Road, and approximately 9,000 feet north of the Texas International Speedway in Brazos County, Texas.
CITY OF COPPERAS COVE has applied to the Texas Commission on Environmental Quality (TCEQ) for a major amendment to TPDES Permit No. WQ0010045005 to reduce the frequency of monitoring requirements for aluminum. The current permit authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 4,000,000 gallons per day. The facility is located north of the City of Copperas Cove, adjacent to the west side of Farm-to-Market Road 116 at a point approximately 1.8 miles north of the intersection of Farm-to-Market Road 116 and Farm-to-Market Road 1113 in Coryell County, Texas.
CITY OF BANGS applied for a renewal of TPDES Permit No. WQ0010122001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 300,000 gallons per day. The facility is located approximately one mile south of the intersection of U.S. Highway 84 and Farm-to-Market Road 586 in Brown County, Texas.
CITY OF RICHMOND has applied for a renewal of TPDES Permit No. WQ0010258003, which authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 6,000,000 gallons per day. The facility is located at 220 Legion Drive on the northeast corner of Rabbs Bayou and Golfview Drive, approximately 300 feet north of the Golfview Drive in Fort Bend County, Texas.
CITY OF RULE has applied for a renewal of TCEQ Permit No. WQ0010265001, which authorizes the disposal of treated domestic wastewater at a daily average flow not to exceed 110,000 gallons per day via surface irrigation of 20 acres of non-public access pastureland. This permit will not authorize a discharge of pollutants into waters in the State. The wastewater treatment facility and disposal site are located approximately two miles southwest of Rule, approximately 1.5 miles south of U.S. Highway 380 and approximately two miles west of State Highway 6 in Haskell County, Texas.
CITY OF SUDAN has applied for a renewal of TCEQ Permit No. WQ0010294001, which authorizes the disposal of treated domestic wastewater at a daily average flow not to exceed 105,000 gallons per day via evaporation. This permit will not authorize a discharge of pollutants into waters in the State. The wastewater treatment facility and disposal site are located approximately 3000 feet northeast of the intersection of U.S. Highway 84 and Farm-to-Market Road 303 and approximately 4000 feet north of the intersection of U.S. Highway 84 and Farm-to-Market Road 1843 in Lamb County, Texas.
CITY OF ABILENE has applied to the Texas Commission on Environmental Quality (TCEQ) for a renewal of TPDES Permit No. WQ0010334004, which authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 18,000,000 gallons per day via Outfall 001; and at an annual average flow not to exceed 4,000,000 gallons per day via Outfall 002. The current permit also authorizes the disposal of treated domestic wastewater via irrigation of 1,960 acres of on-site and off-site properties and an additional 335 acres of on-site properties. The current permit also authorizes the disposal of sewage sludge on-site in the sewage sludge surface disposal site. The facility is located at 19000 County Road 309, approximately 1.5 miles north of the intersection of State Highway 351 and County Road 309, and 5 miles northeast of the intersection of Interstate Highway 20 and State Highway 351 in Jones County, Texas.
CITY OF BRENHAM has applied for a renewal of TPDES Permit No. WQ0010388001, which authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 3,550,000 gallons per day. The current permit authorizes marketing and distribution of Class A sewage sludge. The facility is located at 2005 Old Chappell Hill Road, approximately 3,300 feet southeast of the intersection of Farm-to-Market Road 577 and State Highway 105, south of and adjacent to Hog Branch in the City of Brenham in Washington County, Texas.
CITY OF HITCHCOCK has applied for a renewal of TPDES Permit No. 10690-001, which authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 3,000,000 gallons per day. The facility is located approximately 1.0 mile south of the intersection of State Highway 6 and Farm-to-Market Road 519 in Galveston County, Texas.
THE CITY OF WALLIS has applied for a renewal of TPDES Permit No. WQ0010765001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 498,000 gallons per day. The facility is located approximately 5,000 feet northwest of the intersection of Farm-to-Market Road 1093 and State Highway 36 just north of State Highway 36 in Austin County, Texas.
TEXAS PARKS AND WILDLIFE DEPARTMENT has applied for a renewal of TCEQ Permit No. WQ0012234001, which authorizes the disposal of treated domestic wastewater at a daily average flow not to exceed 3,000 gallons per day on 1.8 acres of evaporation pond. This permit will not authorize a discharge of pollutants into waters in the State. The wastewater treatment facility and disposal site are located approximately 3,250 feet east of Farm-to-Market Road 762 and approximately 1.2 miles north of Farm-to-Market Road 1462 within Brazos Bend State Park in Fort Bend County, Texas.
RR DEVELOPMENT TEXAS II INC has applied for a new permit, proposed Texas Pollutant Discharge Elimination System (TPDES) Permit No. WQ0014925001, to authorize the discharge of treated domestic wastewater at a daily average flow not to exceed 550,000 gallons per day. The facility will be located approximately 2.5 miles northwest of the intersection of Texas Highway 35 and 188, to the east of Port Bay in Aransas 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-200901969
LaDonna Castañuela
Chief Clerk
Texas Commission on Environmental Quality
Filed: May 20, 2009
Request for Proposals #303-9-11806
The Texas Facilities Commission (TFC), on behalf of the Office of the Attorney General, announces the issuance of Request for Proposals (RFP) #303-9-11806. TFC seeks a five year lease of approximately 12,240 square feet of office space in Texas City, Texas.
The deadline for questions is June 15, 2009, and the deadline for proposals is June 26, 2009, at 3:00 p.m. The award date is July 24, 2009. TFC reserves the right to accept or reject any or all proposals submitted. TFC is under no legal or other obligation to execute a lease on the basis of this notice or the distribution of a RFP. Neither this notice nor the RFP commits TFC to pay for any costs incurred prior to the award of a grant.
Parties interested in submitting a proposal may obtain information by contacting TFC Purchaser Sandy Williams at (512) 475-0453. A copy of the RFP may be downloaded from the Electronic State Business Daily at http://esbd.cpa.state.tx.us/bid_show.cfm?bidid=82507.
TRD-200901942
Kay Molina
General Counsel
Texas Facilities Commission
Filed: May 18, 2009
The Texas Facilities Commission (TFC), on behalf of the Health and Human Services Commission (HHSC), announces the issuance of Request for Proposals (RFP) #303-9-11845. TFC seeks a five (5) or ten (10) year lease of approximately 3,758 square feet of office space in Georgetown, Williamson County, Texas.
The deadline for questions is June 9, 2009 and the deadline for proposals is June 22, 2009 at 3:00 p.m. The award date is August 19, 2009. TFC reserves the right to accept or reject any or all proposals submitted. TFC is under no legal or other obligation to execute a lease on the basis of this notice or the distribution of a RFP. Neither this notice nor the RFP commits TFC to pay for any costs incurred prior to the award of a grant.
Parties interested in submitting a proposal may obtain information by contacting TFC Purchaser Sandy Williams at (512) 475-0453. A copy of the RFP may be downloaded from the Electronic State Business Daily at http://esbd.cpa.state.tx.us/bid_show.cfm?bidid=82590.
TRD-200901962
Kay Molina
General Counsel
Texas Facilities Commission
Filed: May 19, 2009
Notice of Award of a Major Consulting Contract
Pursuant to Chapter 2254, Subchapter B, Texas Government Code, the Texas Health and Human Services Commission announces the award of contract #529-06-0425-00037 to Navigant Consulting, Inc. an entity with a principal place of business at 30 South Wacker, Suite 3100, Chicago, IL 60606. The contractor will provide consulting Services to the Texas Health and Human Services Commission regarding the effectiveness of the Specialty Care Access Improvement: Telemedicine Project.
The total value of the contract with Navigant Consulting, Inc. is $556,390.00 The contract was executed on May 19, 2009 and will expire on August 31, 2011, unless extended or terminated sooner by the parties. Navigant Consulting, Inc. will produce numerous documents and reports during the term of the contract, with the final reporting due by August 2011.
TRD-200901975
David Brown
Assistant General Counsel
Texas Health and Human Services Commission
Filed: May 20, 2009
Application to change the name of JEFFERSON STANDARD LIFE INSURANCE COMPANY to SECURITAS FINANCIAL LIFE INSURANCE COMPANY, a foreign life company. The home office is in Syracuse, 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-200901973
Brenda Caldwell
Assistant General Counsel
Texas Department of Insurance
Filed: May 20, 2009
Purpose of Request for Qualifications (RFQ)
On or after July 1, 2009, the Texas Department of Insurance (''TDI'') will issue RFQ-SDR-2009-1 (the ''2009 RFQ'') for individuals or legal entities to become ''Qualified Applicants'' eligible to serve as a Special Deputy Receiver (''SDR'') for receiverships under Texas Insurance Code Chapter 443.
Term of RFQ
The term of the 2009 RFQ will begin September 1, 2009 and end August 31, 2012, unless extended by the Commissioner. If you are currently qualified under a previous RFQ, your approval as a Qualified Applicant expires August 31, 2009. You must be approved in accordance with the 2009 RFQ to submit a bid on a Request for Proposals (''RFP'') issued on or after September 1, 2009. All approvals of Qualified Applicants under the 2009 RFQ will terminate at the end of the term of the RFQ.
Submission of Application
The RFQ and application forms will be published on the TDI website on or about June 15, 2009. The forms may be downloaded at that time from http://www.tdi.state.tx.us/lorc/sdrcontractadmn.html, or a paper copy may be requested. Further information regarding the RFQ will appear as needed on TDI's website at this address. You must submit an application by 3:00 p.m. July 31, 2009 for it to be processed by September 1, 2009. An application submitted after July 31, 2009 will be processed sometime after September 1, 2009.
RFQ Approval Process
Applications must meet all requirements of the RFQ to be considered. Applications will be reviewed by the Commissioner's staff, and evaluated on the basis of the criteria in the RFQ. Once approved, Qualified Applicants will be eligible to submit bids on an RFP for an SDR issued during the term of the 2009 RFQ.
SDR's Duties
If an SDR is selected, the SDR shall perform duties assigned by the Receiver, which typically include:
Securing control of the insurer's operations, property, and records.
Evaluating, collecting, investing, and liquidating assets as appropriate.
Evaluating the insurer's personnel and contractors.
Supervising litigation filed by and against the receivership estate.
Operating information systems and extracting data.
Investigating and pursuing claims against parties who are liable to the insurer.
Identifying and recovering any preferential transfers.
Providing notice to policyholders, claimants and interested parties.
Handling claims, and coordinating with state insurance guaranty associations.
Creating and filing financial reports and tax returns.
Distributing assets to approved claimants, and closing the receivership estate.
Rights and Obligations
TDI is not responsible for any costs incurred in responding to this RFQ or any RFP, and reserves the right to accept or reject any or all applications. Approval as a Qualified Applicant does not confer any rights to the applicant, and TDI is under no obligation to award a contract on the basis of this RFQ or any RFP. TDI reserves the right to issue other RFQs for SDRs as needed.
Contact Information
Any requests for information should be directed to Lewis Wright, Financial Program - SDR Process, Texas Department of Insurance, P.O. Box 149104, Mail Code 305-2A, Austin TX 78714, telephone (512) 322-3463, e-mail sdrcontracting@tdi.state.tx.us.
TRD-200901977
Brenda Caldwell
Assistant General Counsel
Texas Department of Insurance
Filed: May 20, 2009
Instant Game Number 1204 "Precious Pearl 7's"
1.0 Name and Style of Game.
A. The name of Instant Game No. 1204 is "PRECIOUS PEARL 7'S". The play style is "key number match with multiplier".
1.1 Price of Instant Ticket.
A. Tickets for Instant Game No. 1204 shall be $7.00 per ticket.
1.2 Definitions in Instant Game No. 1204.
A. Display Printing - That area of the instant game ticket outside of the area where the Overprint and Play Symbols appear.
B. Latex Overprint - The removable scratch-off covering over the Play Symbols on the front of the ticket.
C. Play Symbol - The printed data under the latex on the front of the instant ticket that is used to determine eligibility for a prize. Each Play Symbol is printed in Symbol font in black ink in positive except for dual-image games. The possible black play symbols are: 1, 2, 3, 4, 5, 6, 8, 9, 10, 11, 12, 13, 14, 15, 16, 18, 19, 20, 21, 22, 23, 24, 25, 26, 28, 29, 30, 31, 32, 33, 34, 35, 36, 38, 39, 40, 7 SYMBOL, $7.00, $10.00, $15.00, $20.00, $40.00, $50.00, $100, $500, $2,000 and $77,000. The possible blue play symbols are: 1, 2, 3, 4, 5, 6, 8, 9, 10, 11, 12, 13, 14, 15, 16, 18, 19, 20, 21, 22, 23, 24, 25, 26, 28, 29, 30, 31, 32, 33, 34, 35, 36, 38, 39, 40, 7 SYMBOL and NECKLACE SYMBOL.
D. Play Symbol Caption - The printed material appearing below each Play Symbol which explains the Play Symbol. One caption appears under each Play Symbol and is printed in caption font in black ink in positive. The Play Symbol Caption which corresponds with and verifies each Play Symbol is as follows:
Figure 1: GAME NO. 1204 - 1.2D
E. Serial Number - A unique 14 (fourteen) digit number appearing under the latex scratch-off covering on the front of the ticket. There will be a four (4)-digit "security number" which will be individually boxed and randomly placed within the number. The remaining ten (10) digits of the Serial Number are the Validation Number. The Serial Number is positioned beneath the bottom row of play data in the scratched-off play area. The Serial Number is for validation purposes and cannot be used to play the game. The format will be: 00000000000000.
F. Low-Tier Prize - A prize of $7.00, $10.00, $15.00 or $20.00.
G. Mid-Tier Prize - A prize of $50.00, $100 or $500.
H. High-Tier Prize - A prize of $2,000 or $77,000.
I. Bar Code - A 24 (twenty-four) character interleaved two (2) of five (5) bar code which will include a four (4) digit game ID, the seven (7) digit pack number, the three (3) digit ticket number and the ten (10) digit Validation Number. The bar code appears on the back of the ticket.
J. Pack-Ticket Number - A 14 (fourteen) digit number consisting of the four (4) digit game number (1204), a seven (7) digit pack number, and a three (3) digit ticket number. Ticket numbers start with 001 and end with 075 within each pack. The format will be: 1204-0000001-001.
K. Pack - A pack of "PRECIOUS PEARL 7'S" Instant Game tickets contains 075 tickets, packed in plastic shrink-wrapping and fanfolded in pages of one (1). The packs will alternate. One will show the front of ticket 001 and back of 075 while the other fold will show the back of ticket 001 and front of 075.
L. Non-Winning Ticket - A ticket which is not programmed to be a winning ticket or a ticket that does not meet all of the requirements of these Game Procedures, the State Lottery Act (Texas Government Code, Chapter 466), and applicable rules adopted by the Texas Lottery pursuant to the State Lottery Act and referenced in 16 TAC Chapter 401.
M. Ticket or Instant Game Ticket, or Instant Ticket - A Texas Lottery "PRECIOUS PEARL 7'S" Instant Game No. 1204 ticket.
2.0 Determination of Prize Winners. The determination of prize winners is subject to the general ticket validation requirements set forth in Texas Lottery Rule 401.302, Instant Game Rules, these Game Procedures, and the requirements set out on the back of each instant ticket. A prize winner in the "PRECIOUS PEARL 7'S" Instant Game is determined once the latex on the ticket is scratched off to expose 44 (forty-four) Play Symbols. If a player matches any of YOUR NUMBERS play symbols to any of the WINNING NUMBERS play symbols, the player wins the PRIZE shown for that number. If a player reveals a "BLACK 7" symbol, the player wins the PRIZE shown for that symbol. If a player reveals a "BLUE 7" symbol, the player wins DOUBLE the PRIZE shown for that symbol. If a player reveals a "BLUE NECKLACE" symbol, the player wins all 20 prizes instantly! No portion of the display printing nor any extraneous matter whatsoever shall be usable or playable as a part of the Instant Game.
2.1 Instant Ticket Validation Requirements.
A. To be a valid Instant Game ticket, all of the following requirements must be met:
1. Exactly 44 (forty-four) Play Symbols must appear under the latex overprint on the front portion of the ticket;
2. Each of the Play Symbols must have a Play Symbol Caption underneath, unless specified, and each Play Symbol must agree with its Play Symbol Caption;
3. Each of the Play Symbols must be present in its entirety and be fully legible;
4. Each of the Play Symbols must be printed in black ink except for dual image games;
5. The ticket shall be intact;
6. The Serial Number, Retailer Validation Code and Pack-Ticket Number must be present in their entirety and be fully legible;
7. The Serial Number must correspond, using the Texas Lottery's codes, to the Play Symbols on the ticket;
8. The ticket must not have a hole punched through it, be mutilated, altered, unreadable, reconstituted or tampered with in any manner;
9. The ticket must not be counterfeit in whole or in part;
10. The ticket must have been issued by the Texas Lottery in an authorized manner;
11. The ticket must not have been stolen, nor appear on any list of omitted tickets or non-activated tickets on file at the Texas Lottery;
12. The Play Symbols, Serial Number, Retailer Validation Code and Pack-Ticket Number must be right side up and not reversed in any manner;
13. The ticket must be complete and not miscut, and have exactly 44 (forty-four) Play Symbols under the latex overprint on the front portion of the ticket, exactly one Serial Number, exactly one Retailer Validation Code, and exactly one Pack-Ticket Number on the ticket;
14. The Serial Number of an apparent winning ticket shall correspond with the Texas Lottery's Serial Numbers for winning tickets, and a ticket with that Serial Number shall not have been paid previously;
15. The ticket must not be blank or partially blank, misregistered, defective or printed or produced in error;
16. Each of the 44 (forty-four) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures;
17. Each of the 44 (forty-four) Play Symbols on the ticket must be printed in the Symbol font and must correspond precisely to the artwork on file at the Texas Lottery; the ticket Serial Numbers must be printed in the Serial font and must correspond precisely to the artwork on file at the Texas Lottery; and the Pack-Ticket Number must be printed in the Pack-Ticket Number font and must correspond precisely to the artwork on file at the Texas Lottery;
18. The display printing on the ticket must be regular in every respect and correspond precisely to the artwork on file at the Texas Lottery; and
19. The ticket must have been received by the Texas Lottery by applicable deadlines.
B. The ticket must pass all additional validation tests provided for in these Game Procedures, the Texas Lottery's Rules governing the award of prizes of the amount to be validated, and any confidential validation and security tests of the Texas Lottery.
C. Any Instant Game ticket not passing all of the validation requirements is void and ineligible for any prize and shall not be paid. However, the Executive Director may, solely at the Executive Director's discretion, refund the retail sales price of the ticket. In the event a defective ticket is purchased, the only responsibility or liability of the Texas Lottery shall be to replace the defective ticket with another unplayed ticket in that Instant Game (or a ticket of equivalent sales price from any other current Instant Lottery game) or refund the retail sales price of the ticket, solely at the Executive Director's discretion.
2.2 Programmed Game Parameters.
A. Consecutive non-winning tickets in a pack will not have identical play data, spot for spot.
B. The "BLUE 7" (doubler) play symbol will only appear as dictated by the prize structure.
C. The "NECKLACE" (win all) play symbol will only appear as dictated by the prize structure.
D. When the "NECKLACE" (win all) play symbol appears, there will be no occurrence of any YOUR NUMBERS play symbols matching to any of the WINNING NUMBERS play symbols.
E. There will be a minimum of 4 and a maximum of 12 blue play symbols on every ticket unless otherwise restricted by the prize structure.
F. No more than four (4) matching non-winning prize symbols will appear on a ticket.
G. No duplicate non-winning YOUR NUMBERS play symbols on a ticket regardless of color.
H. No duplicate WINNING NUMBERS play symbols on a ticket.
I. Non-winning prize symbols will never be the same as the winning prize symbol(s).
J. YOUR NUMBER play symbols matching WINNING NUMBER play symbols will be a win, regardless of color.
K. No prize amount in a non-winning spot will correspond with the play symbol (i.e. 20 and $20).
L. The top prize symbol will appear on every ticket unless otherwise restricted.
2.3 Procedure for Claiming Prizes.
A. To claim a "PRECIOUS PEARL 7'S" Instant Game prize of $7.00, $10.00, $15.00, $20.00, $50.00, $100 or $500, a claimant shall sign the back of the ticket in the space designated on the ticket and present the winning ticket to any Texas Lottery Retailer. The Texas Lottery Retailer shall verify the claim and, if valid, and upon presentation of proper identification, if appropriate, make payment of the amount due the claimant and physically void the ticket; provided that the Texas Lottery Retailer may, but is not required, to pay a $50.00, $100 or $500 ticket. In the event the Texas Lottery Retailer cannot verify the claim, the Texas Lottery Retailer shall provide the claimant with a claim form and instruct the claimant on how to file a claim with the Texas Lottery. If the claim is validated by the Texas Lottery, a check shall be forwarded to the claimant in the amount due. In the event the claim is not validated, the claim shall be denied and the claimant shall be notified promptly. A claimant may also claim any of the above prizes under the procedure described in Section 2.3.B and Section 2.3.C of these Game Procedures.
B. To claim a "PRECIOUS PEARL 7'S" Instant Game prize of $2,000 or $77,000, the claimant must sign the winning ticket and present it at one of the Texas Lottery's Claim Centers. If the claim is validated by the Texas Lottery, payment will be made to the bearer of the validated winning ticket for that prize upon presentation of proper identification. When paying a prize of $600 or more, the Texas Lottery shall file the appropriate income reporting form with the Internal Revenue Service (IRS) and shall withhold federal income tax at a rate set by the IRS if required. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.
C. As an alternative method of claiming a "PRECIOUS PEARL 7'S" Instant Game prize, the claimant must sign the winning ticket, thoroughly complete a claim form, and mail both to: Texas Lottery Commission, Post Office Box 16600, Austin, Texas 78761-6600. The risk of sending a ticket remains with the claimant. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.
D. Prior to payment by the Texas Lottery of any prize, the Texas Lottery shall deduct a sufficient amount from the winnings of a person who has been finally determined to be:
1. delinquent in the payment of a tax or other money collected by the Comptroller, the Texas Workforce Commission, or Texas Alcoholic Beverage Commission;
2. delinquent in making child support payments administered or collected by the Attorney General;
3. delinquent in reimbursing the Texas Health and Human Services Commission for a benefit granted in error under the food stamp program or the program of financial assistance under Chapter 31, Human Resources Code;
4. in default on a loan made under Chapter 52, Education Code; or
5. in default on a loan guaranteed under Chapter 57, Education Code.
E. If a person is indebted or owes delinquent taxes to the State, other than those specified in the preceding paragraph, the winnings of a person shall be withheld until the debt or taxes are paid.
2.4 Allowance for Delay of Payment. The Texas Lottery may delay payment of the prize pending a final determination by the Executive Director, under any of the following circumstances:
A. if a dispute occurs, or it appears likely that a dispute may occur, regarding the prize;
B. if there is any question regarding the identity of the claimant;
C. if there is any question regarding the validity of the ticket presented for payment; or
D. if the claim is subject to any deduction from the payment otherwise due, as described in Section 2.3.D of these Game Procedures. No liability for interest for any delay shall accrue to the benefit of the claimant pending payment of the claim.
2.5 Payment of Prizes to Persons Under 18. If a person under the age of 18 years is entitled to a cash prize of less than $600 from the "PRECIOUS PEARL 7'S" Instant Game, the Texas Lottery shall deliver to an adult member of the minor's family or the minor's guardian a check or warrant in the amount of the prize payable to the order of the minor.
2.6 If a person under the age of 18 years is entitled to a cash prize of more than $600 from the "PRECIOUS PEARL 7'S" Instant Game, the Texas Lottery shall deposit the amount of the prize in a custodial bank account, with an adult member of the minor's family or the minor's guardian serving as custodian for the minor.
2.7 Instant Ticket Claim Period. All Instant Game prizes must be claimed within 180 days following the end of the Instant Game or within the applicable time period for certain eligible military personnel as set forth in Texas Government Code Section 466.408. Any prize not claimed within that period, and in the manner specified in these Game Procedures and on the back of each ticket, shall be forfeited.
2.8 Disclaimer. The number of prizes in a game is approximate based on the number of tickets ordered. The number of actual prizes available in a game may vary based on number of tickets manufactured, testing, distribution, sales and number of prizes claimed. An Instant Game ticket may continue to be sold even when all the top prizes have been claimed.
3.0 Instant Ticket Ownership.
A. Until such time as a signature is placed upon the back portion of an Instant Game ticket in the space designated, a ticket shall be owned by the physical possessor of said ticket. When a signature is placed on the back of the ticket in the space designated, the player whose signature appears in that area shall be the owner of the ticket and shall be entitled to any prize attributable thereto. Notwithstanding any name or names submitted on a claim form, the Executive Director shall make payment to the player whose signature appears on the back of the ticket in the space designated. If more than one name appears on the back of the ticket, the Executive Director will require that one of those players whose name appears thereon be designated by such players to receive payment.
B. The Texas Lottery shall not be responsible for lost or stolen Instant Game tickets and shall not be required to pay on a lost or stolen Instant Game ticket.
4.0 Number and Value of Instant Prizes. There will be approximately 5,040,000 tickets in the Instant Game No. 1204. The approximate number and value of prizes in the game are as follows:
A. The actual number of tickets in the game may be increased or decreased at the sole discretion of the Texas Lottery Commission.
5.0 End of the Instant Game. The Executive Director may, at any time, announce a closing date (end date) for the Instant Game No. 1204 without advance notice, at which point no further tickets in that game may be sold. The determination of the closing date and reasons for closing the game will be made in accordance with the instant game closing procedures and the Instant Game Rules, 16 TAC §401.302(j).
6.0 Governing Law. In purchasing an Instant Game ticket, the player agrees to comply with, and abide by, these Game Procedures for Instant Game No. 1204, the State Lottery Act (Texas Government Code, Chapter 466), applicable rules adopted by the Texas Lottery pursuant to the State Lottery Act and referenced in 16 TAC Chapter 401, and all final decisions of the Executive Director.
TRD-200901923
Kimberly L. Kiplin
General Counsel
Texas Lottery Commission
Filed: May 15, 2009
Announcement of Application for Amendment to a State-Issued Certificate of Franchise Authority
The Public Utility Commission of Texas received an application on May 18, 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 Charter Communications VI, LLC d/b/a Charter Communications for an Amendment to its State-Issued Certificate of Franchise Authority, Project Number 37004 before the Public Utility Commission of Texas.
The requested amendment is to expand the service area footprint to include the Town of Woodloch, 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 37004.
TRD-200901960
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: May 19, 2009
Notice is given to the public of an application filed on May 11, 2009, with the Public Utility Commission of Texas for an amendment to a certificated service area boundary.
Docket Style and Number: Application of Taylor Telephone Cooperative, Inc. to Amend Certificate of Convenience and Necessity to Modify the Service Area Boundary between the Hawley Exchange (Taylor) and the Anson Exchange (AT&T Texas). Docket Number 36982.
The Application: The minor boundary amendment will transfer a portion of AT&T Texas' serving area in the Anson exchange to Taylor's Hawley exchange to allow Taylor to provide telecommunications services to one residential customer. AT&T Texas has provided a letter of concurrence endorsing this proposed change.
Persons wishing to comment on the action sought or intervene should contact the Public Utility Commission of Texas by June 5, 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 36982.
TRD-200901928
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: May 15, 2009
Notice is given to the public of an application filed with the Public Utility Commission of Texas on May 11, 2009, for designation as an eligible telecommunications carrier (ETC) pursuant to P.U.C. Substantive Rule §26.418.
Docket Title and Number: Application of Tennessee Telephone Services, LLC d/b/a Freedom Communications USA, LLC for Designation as an Eligible Telecommunications Carrier. Docket Number 36979.
The Application: The company is requesting ETC designation in order to be eligible to receive federal and state universal service funding to assist it in providing universal service in Texas. Pursuant to 47 United States Code §214(e) and P.U.C. Substantive Rule §26.418, the commission, either upon its own motion or upon request, shall designate qualifying common carriers as ETCs for service areas set forth by the commission. Freedom Communications USA, LLC seeks ETC/ETP designation in the service areas of Southwestern Bell Telephone Company d/b/a AT&T Texas, and Verizon Southwest, its designated service area. The company holds Service Provider Certificate of Operating Authority Number 60824.
Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas by June 18, 2009. Requests for further information should be mailed to the Public Utility Commission of Texas, P.O. Box 13326, Austin, Texas 78711-3326, or you may call the Public Utility Commission's Customer Protection Division at (512) 936-7120 or (888) 782-8477. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136 or use Relay Texas (800) 735-2989 to reach the commission's toll free number (888) 782-8477. All comments should reference Docket Number 36979.
TRD-200901929
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: May 15, 2009
Notice is given to the public of the filing with the Public Utility Commission of Texas of an application on May 12, 2009, for a service provider certificate of operating authority (SPCOA), pursuant to §§54.151 - 54.156 of the Public Utility Regulatory Act (PURA).
Docket Title and Number: Application of Broadvox-CLEC, LLC for a Service Provider Certificate of Operating Authority, Docket Number 36986 before the Public Utility Commission of Texas.
Applicant intends to provide plain old telephone service, ADSL, ISDN, HDSL, SDSL, RADSL, VDSL, Optical Services, T1-Private Line, Switch 56 KBPS, Frame Relay, Fractional T1, long distance, and wireless services.
Applicant's requested SPCOA geographic area includes the area of Texas currently served by Southwestern Bell Telephone Company d/b/a AT&T Texas, GTE Southwest d/b/a Verizon Southwest, Windstream, and Embarq.
Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than June 3, 2009. Hearing and speech- impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136 or toll free at 1-800-735-2989. All comments should reference Docket Number 36986.
TRD-200901930
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: May 15, 2009
Notice is given to the public of the filing on May 11, 2009, with the Public Utility Commission of Texas (commission), a notice of intent to file a long run incremental cost (LRIC) study pursuant to P.U.C. Substantive Rule §26.214. The applicant will file the LRIC study on or about May 21, 2009.
Docket Title and Number: Application of Central Telephone Company of Texas d/b/a Embarq for Approval of LRIC Study for New Custom Calling Feature Referred to as Outbound Call Block Feature Pursuant to P.U.C. Substantive Rule §26.214, Docket Number 36980.
Any party that demonstrates a justiciable interest may file with the administrative law judge, written comments or recommendations concerning the LRIC study referencing Docket Number 36980. Written comments or recommendations should be filed no later than forty-five (45) days after the date of a sufficient study and should be filed at 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 telephones (TTY) may contact the commission at (512) 936-7136 or toll free 1-800-735-2989. All comments should reference Docket Number 36980.
TRD-200901926
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: May 15, 2009
Notice is given to the public of the filing on May 11, 2009, with the Public Utility Commission of Texas (commission), a notice of intent to file a long run incremental cost (LRIC) study pursuant to P.U.C. Substantive Rule §26.214. The applicant will file the LRIC study on or about May 21, 2009.
Docket Title and Number: Application of United Telephone Company of Texas, Inc. d/b/a Embarq for Approval of LRIC Study for New Custom Calling Feature Referred to as Outbound Call Block Feature Pursuant to P.U.C. Substantive Rule §26.214, Docket Number 36981.
Any party that demonstrates a justiciable interest may file with the administrative law judge, written comments or recommendations concerning the LRIC study referencing Docket Number 36981. Written comments or recommendations should be filed no later than forty-five (45) days after the date of a sufficient study and should be filed at 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 telephones (TTY) may contact the commission at (512) 936-7136 or toll free 1-800-735-2989. All comments should reference Docket Number 36981.
TRD-200901927
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: May 15, 2009
Notice of Invitation for Consultants to Provide Offers of Consulting Services Related to Evaluation of the Alumni Database System
Pursuant to the provisions of Texas Government Code, Chapter 2254, the University of North Texas (UNT) extends this invitation (Invitation) to qualified and experienced consultants interested in providing the consulting services described in this Invitation to the University of North Texas and its member institutions.
Scope of Work:
The selected consulting firm will be responsible for assisting UNT in evaluating and analyzing UNT's alumni database to determine the effectiveness of the current application utilized by the Division of Advancement; evaluate the effectiveness of the PeopleSoft Contributor Relations application and provide a cost/benefit analysis of converting to a different application to include a recommendation of new solution; evaluate the effectiveness of the processes between the functional and technical units in regards to effectiveness of data extraction, application modifications, and customized reporting features and provide recommendations for improving the project management system utilized by Advancement Services and CITC; evaluate the health of the data currently in the alumni database and make recommendations for maximizing data quality and lowest expense and identify weaknesses in current data-mining capabilities.
Specifications:
Any consultant submitting an offer in response to this Invitation must provide a response to the Request for Proposals posted on the University of North Texas website under the Bid Listings Page found at http://pps.unt.edu. The following information will need to be included in the response: (1) the consultant's legal name, including type of entity (individual, partnership, corporation, etc.) and address; (2) background information regarding the consultant, including the number of years in business and the number of employees; (3) information regarding the qualifications, education, and experience of the team members proposed to conduct the requested services; (4) the hourly rate to be charged for each team member providing services; (5) the earliest date by which the consultant could begin providing the services; (6) a list of five client references, including any complex institutions or systems of higher education for which the consultant has provided similar consulting services; (7) a statement of the consultant's approach to providing the services described in the Scope of Work section of this Invitation, any unique benefits the consultant offers UNT, and any other information the consultant desires UNT to consider in connection with the consultant's offer; (8) information to assist UNT in assessing the consultant's demonstrated competence and experience providing consulting services similar to the services requested in this Invitation; (9) information to assist UNT in assessing the consultant's experience performing the requested services for other complex institutions or systems of higher education; (10) information to assist UNT in assessing whether the consultant will have any conflicts of interest in performing the requested services; (11) information to assist UNT in assessing the overall cost to UNT for the requested services to be performed; and (12) information to assist UNT in assessing the consultant's capability and financial resources to perform the requested services.
Selection Process:
The consulting services do not relate to services previously provided to UNT.
Selection of the Successful Offer (defined below) submitted in response to the Request for Proposal posted under the bid listings tab found at http://pps.unt.edu, RFP752-9-75915MR by the Submittal Deadline located in the posted RFP will be made using the competitive process described below. After the opening of the offers and upon completion of the initial review and evaluation of the offers submitted, selected consultants may be invited to participate in oral presentations. The selection of the Successful Offer may be made by UNT on the basis of the offers initially submitted, without discussion, clarification or modification. In the alternative, selection of the Successful Offer may be made by UNT on the basis of negotiation with any of the consultants. At UNT's sole option and discretion, it may discuss and negotiate all elements of the offers submitted by selected consultants within a specified competitive range. For purposes of negotiation, a competitive range of acceptable or potentially acceptable offers may be established comprising the highest rated offers. UNT will provide each consultant within the competitive range with an equal opportunity for discussion and revision of its offer. UNT will not disclose any information derived from the offers submitted by competing consultants in conducting such discussions. Further action on offers not included within the competitive range will be deferred pending the selection of the Successful proposal. However, UNT reserves the right to include additional offers in the competitive range if deemed to be in its best interest. After the submission of offers but before final selection of the Successful Offer is made, UNT may permit a consultant to revise its offer in order to obtain the consultant's best final offer. UNT is not bound to accept the lowest priced offer if that offer is not in its best interest, as determined by UNT. UNT reserves the right to: (a) enter into agreements or other contractual arrangements for all or any portion of the Scope of Work set forth in this Invitation with one or more consultants; (b) reject any and all offers and re-solicit offers; or (c) reject any and all offers and temporarily or permanently abandon this procurement, if deemed to be in the best interest of UNT.
Criteria for Selection:
The successful offer (Successful Offer) must be submitted in response to the Request for Proposal (RFP75-9-75915MR) posted on UNT's website http://pps.unt.edu by the Submittal Deadline will be the offer that is the most advantageous to UNT in UNT's sole discretion. Offers will be evaluated by University of North Texas personnel. The evaluation of offers and the selection of the Successful Offer will be based on the information provided to UNT by the consultant in response to the Specifications section of the Request for Proposal. Consideration may also be given to any additional information and comments if such information or comments increase the benefits to UNT. The successful consultant will be required to enter into a contract acceptable to UNT.
Consultant's Acceptance of Offer:
Submission of an offer by a consultant indicates: (1) the consultant's acceptance of the Offer Selection Process, the Criteria for Selection, and all other requirements and specifications set forth in this Invitation; and (2) the consultant's recognition that some subjective judgments must be made by UNT during this Invitation process.
Submittal Deadline:
To respond to the Request for Proposal, consultants must submit the information requested in the Specification section of the RFP found at http://pps.unt.edu and any other relevant information in a clear and concise written format to: Melissa Redfearn, Contract Specialist, University of North Texas, 2310 North Interstate 35-E, Denton, Texas 76205. Offers must be submitted in accordance with the posted RFP.
Questions:
Questions concerning this Invitation should be directed to: Melissa Redfearn, Contract Specialist, (940) 565-3200, or University of North Texas, 2310 North Interstate 35-E, Denton, Texas 76205. UNT may in its sole discretion respond in writing to questions concerning this Invitation. Only UNT's responses made by formal written addenda to this Invitation shall be binding. Oral or other written interpretations or clarifications shall be without legal effect.
TRD-200901974
Carrie Stoeckert
Assistant Director of PPS
University of North Texas
Filed: May 20, 2009
Notice of Request for Information for Outside Legal Services Related to Real Estate, Oil and Gas, and Mineral Interest Matters
The University of North Texas System (UNT System) requests information from law firms interested in representing the agency and its component institutions in real estate, oil and gas, and mineral interest matters. This RFI is issued to establish (for the time frame beginning September 1, 2009 to August 31, 2010, with the potential for an extension at the option of the UNT System until August 31, 2011) a referral list from which the UNT System, by and through its Office of Vice Chancellor and General Counsel, will select appropriate counsel for representation on specific real estate, oil and gas, and/or mineral interest matters as the need arises.
Description: The UNT System is currently comprised of one health institution, the University of North Texas Health Science Center at Fort Worth, and two academic institutions, the University of North Texas and the University of North Texas Dallas Campus, which are located in three different cities in Texas. Subject to approval by the Office of the Attorney General for the State of Texas (OAG), the UNT System will engage outside counsel to provide advice and counsel in regard to a broad range of real estate matters involving the Agency and the Agency's component institutions, which shall include but not be limited to addressing issues related to transactions involving real estate, oil and gas, and mineral interests. Counsel will evaluate proposals, review surveys, examine title and title commitments, assist in curing title exceptions and/or defects, draft, review and negotiate contracts and lease agreements, and provide such other guidance and expertise as may be necessary to protect and develop the Agency's varied real estate interests, oil and gas interests, and/or mineral interests in certain properties. Counsel may further be called upon to assist in the acquisition of real estate property and/or mineral interests in certain properties. The UNT System invites responses to this RFI from qualified firms for the provision of such legal services under the direction and supervision of UNT System's Office of Vice Chancellor and General Counsel.
Responses; Qualifications: Responses to this RFI should include at least the following information: (1) a description of the firm's or attorney's qualifications for performing the legal services requested, including the firm's prior experience in real estate, oil and gas and mineral interest-related matters, and appropriate information regarding efforts made by the firm to encourage and develop the participation of minorities and women in the provision both of the firm's legal services generally and real estate, oil and gas, and mineral interest matters in particular; (2) the names and experience of the attorneys who may be assigned to work on such matters; (3) the submission of fee information (either in the form of hourly rates for each attorney and paralegal who may be assigned to perform services in relation to real estate, oil and gas and mineral interest matters, flat fees, or other fee arrangements directly related to the achievement of specific goals and cost controls) and billable expenses; (4) disclosures of conflicts of interest (identifying each and every matter in which the firm has, within the past calendar year, represented any entity or individual with an interest adverse to the UNT System, a component institution of the UNT System, or to the State of Texas, or any of its boards, agencies, commissions, universities, or elected or appointed officials); and (5) confirmation of willingness to comply with policies, directives and guidelines of the UNT System, the component institutions of the UNT System and the Texas OAG.
The law firm(s) or attorney(s) will be selected based on demonstrated knowledge and experience, quality of staff assigned to perform services under the contract, compatibility with the goals and objectives of the UNT System, and reasonableness of proposed fees. The successful firm(s) or attorney(s) will be required to sign the Texas OAG's Outside Counsel Agreement, and execution of a contract with the UNT System is subject to approval by the Texas OAG. The UNT System reserves the right to accept or reject any or all responses submitted. The UNT System is not responsible for and will not reimburse any costs incurred in developing and submitting a response.
Format and Person to Contact: Two copies of the response are requested if submitted by non-electronic means. The response should be typed, preferably double spaced, on 8 1/2 x 11 inch paper with all pages sequentially numbered, and either stapled or bound together if submitted by non-electronic means. They should be sent by mail, facsimile, or electronic mail, or delivered in person, marked "Response to Request for Information," and addressed to Michelle Williams, Associate General Counsel, University of North Texas System, 1155 Union Circle, #310907, Denton, TX 76203-5017; or email mwilliams@unt.edu or fax to (940) 369-7026.
Deadline for Submission of Response: All responses must be received at the address set forth above no later than 5:00 p.m., June 30, 2009. Questions regarding this request may be directed to Michelle Williams at (940) 565-2717.
TRD-200901963
Carrie Stoeckert
Assistant Director of PPS
University of North Texas System
Filed: May 19, 2009
PURPOSE
The University of North Texas System (System) is requesting information from law firms desiring to serve in a nonexclusive capacity as Bond Counsel for the System.
DESCRIPTION OF SYSTEM AND BOND ISSUANCE AUTHORITY
The University of North Texas System is comprised of the University of North Texas, the University of North Texas Health Science Center at Fort Worth and the University of North Texas System Center at Dallas. The System is governed by a nine-member Board of Regents. The current Board members are: Gayle Strange, Chairman; Charles Mitchell; Robert Nickell; Al Silva; C. Dan Smith; Jack Wall; Don Buchholz; Gwyn Shea; and Rice Tilley, Jr.
Bonds are issued under authority granted the System in Article VII, §17 of the Texas Constitution. Federal tax related matters regarding bonds issued by the System, including strategies and management practices in the conduct of a debt program, requires a close working relationship with Bond Counsel. The System invites responses to this RFI from qualified firms for the provision of such legal services.
TIME SCHEDULE AND PERSON TO CONTACT
Format and Person to Contact: Three copies of the response are requested if submitted by non-electronic means. The response should be typed, preferably double spaced, on 8 1/2 x 11 inch paper with all pages sequentially numbered, and either stapled or bound together if submitted by non-electronic means. They should be sent by mail, facsimile, or electronic mail, or delivered in person, marked "Response to Request for Information," and addressed to Michelle Williams, Associate General Counsel, University of North Texas System, 1155 Union Circle, #310907, Denton, TX 76203-5017; or email mwilliams@unt.edu or fax to (940) 369-7026.
Deadline for Submission of Response: All responses must be received at the address set forth above no later than 5:00 p.m., June 30, 2009. Questions regarding this request may be directed to Michelle Williams at (940) 565-2717.
RESPONSES
Responses to this RFI should include the following information:
1. A brief description of the firm or attorney's history and general experience.
2. A description of the firm or attorney's qualifications for performing the legal services of Bond Counsel, including prior experience in bond issuance matters and securities law issues for state agencies with particular emphasis on Texas college and university issues.
3. A description of the insurance coverage carried by your law firm, including but not limited to, disclosure of the insurer and policy(ies) limits.
4. The identity of each of the lawyers who will be assigned to work with the University and a description of his or her experience and legal background in rendering legal opinions in the area of public finance.
5. Outline of the firm's general experience during the past five years with the major rating agencies.
6. The submission of fee information (either in the form of hourly rates for each attorney who may be assigned to perform services for the System, flat fees, formula for percentage payment based on bond or financial paper issuance, or other fee arrangements directly related to the achievement of specific goals and cost controls) and billable expenses. In the initial review, this information will only be considered for informational purposes and to establish the current market range with respect to fee information. After a respondent has been identified as the most highly qualified, the System will attempt to negotiate a contract with the respondent that includes a fair and reasonable payment for services.
7. Discuss the management philosophy of the firm as it relates to the control of fees and expenses and allowances for non-billable time. Explain your billing procedure.
8. Provide any other information about the firm that you feel is relevant to the consideration of your firm being chosen as Bond Counsel.
9. Confirmation of willingness to comply with policies, directives and guidelines of the System and the Attorney General of the State of Texas as well as state and federal law.
BASIS OF AWARD
Issuance of this RFI in no way constitutes a commitment by the System to award a contract.
The System will make the selection for Bond Counsel based upon its perception of demonstrated competence and qualifications, including familiarity with public finance and state and federal tax law; quality of staff assigned to perform services under the contract; compatibility with the goals and objectives of the UNT System and reasonableness of proposed fees. The successful firm(s) or attorney(s) will be required to sign a contract based on the Outside Counsel Agreement form developed by the Texas Office of the Attorney General (OAG) and execution of a contract with the UNT System is subject to approval by the OAG.
System Administration will give first consideration to firms whose principal place of business is located in Texas. By issuing this RFI, the System has not committed itself to employ a Bond Counsel. The System also retains the right to employ one or more firms to act as Bond Counsel or to address financial or security issues during the time period in which a contract related to this RFI is in effect. The System reserves the right to make those decisions after receipt of responses and the System Administration's decision on these matters is final.
The System reserves the right to negotiate individual elements of a response and to reject any and all responses. Any award will be contingent on the negotiation of a contract and final approval by the Office of the Attorney General.
SCOPE OF SERVICES AND PAYMENT TERMS
The selected Bond Counsel shall provide representation to the System on specific bond and commercial paper matters, securities law issues, and related financial matters as the need arises. The System's needs include the usual and necessary services of a Bond Counsel in connection with the issuance, sale and delivery of bonds. Bond Counsel shall be responsible for all duties and services necessary or advisable to facilitate the issuance of bonds as stated on the attached schedule. Bond Counsel may also be requested to address issues related to the issuance of commercial paper and increasing the System's self liquidity.
Legal fees and expenses, if any, for legal services under the terms of this engagement that are related to bond or commercial paper issuance shall be paid only out of the principal amount of the issuance and are therefore contingent upon the issuance of the bonds or commercial paper.
Hourly fees shall be paid for work related to increasing the System's self liquidity and for other projects that do not involve issuances and that do involve more than casual or intermittent services. For casual or intermittent services not related to a specific or future bond or commercial issue, no fee will be charged.
There shall not be individual liability of any member of the Board of Regents or other officials of the University, for the payment of any amounts due hereunder.
TERM OF AGREEMENT
The contract term for this engagement will be for the period from September 1, 2009 to August 31, 2010 with a potential extension at the option of the System until August 31, 2011. The System retains the right to terminate the contract for legal services for any reason subject to written notice and upon payment of earned fees and expenses accrued as of the date of termination.
COST INCURRED IN RESPONDING
Issuance of this RFI in no way constitutes a commitment by the System to pay any legal services incurred either in the preparation of a response to this RFI or for the production of any contract for legal services. All costs directly or indirectly related to preparation of a response to this RFI or any supplemental information required to clarify the RFI which may be required by the System shall be the sole responsibility of, and shall be borne by, the Respondent.
RELEASE OF INFORMATION
The System Administration, during the response evaluation process or prior to contract award, shall not release information submitted relative to this request.
OPEN RECORDS
All responses shall be deemed, once submitted, to be the property of the System and subject to the Public Information Act, Chapter 552 of the Texas Government Code.
SCHEDULE OF BOND COUNSEL FEES
The Bond Counsel will perform all usual and necessary legal services as Bond Counsel. Specifically, they will prepare and direct legal proceedings and perform other necessary legal services with reference to the authorization, sale and deliver of bonds, including the following:
1. Preparation of all resolutions and other instruments pursuant to which bonds will be authorized, sold, and delivered in consultation with the Board of Regents of the System; the Underwriters with respect to the bonds, if any; the Financial Advisor; and the officers of the System.
2. Preparation of any trust indenture or trust agreements authorizing or securing the bonds.
3. Attendance at meetings of the Board of Regents of the System to the extent required or requested with reference to the authorization and issuance of the bonds.
4. Attendance at meetings with prospective bond purchasers or rating agencies to the extent required or requested.
5. Attendance at meetings of the State Bond Review Board to the extent required or requested.
6. Obtaining the approval of the bonds of the Attorney General of the State of Texas and the registration of the bonds by the Comptroller of Public Accounts of the State of Texas, as required by law.
7. Supervising the execution of the bonds and delivery thereof to the purchasers.
8. When so delivered, rendering an opinion covering the validity of the bonds under Texas law and the tax-exempt status of the interest thereon under federal income tax laws.
9. Interpretations concerning bond covenants when requested by representatives of the System.
For each separate installment or series of bonds, except "advance refunding bonds," fees covering legal services as Bond Counsel will be calculated as follows:
1. Minimum fee of $_____________ for issues the principal amount of which is $10,000,000 or less;
2. For issues the principal amount of which is more than $10,000,000 but not exceeding $25,000,000, $______________ per $1,000 increment of the principle amount;
3. For issues the principal amount of which is more than $25,000,000 but not exceeding $50,000,000, $______________ per $1,000 increment of the principal amount;
4. For issues the principle amount of which is more than $50,000,000 but not exceeding $100,000,000, $______________ per $1,000 increment of the principal amount; and
5. For issues the principle amount of which is more than $100,000,000, $_____________ per $1,000 increment of the principle amount.
The fee for "advance refunding" bonds will be $_____________ per $1,000 principal amount.
The payment of fees described above shall be contingent upon the delivery of the bonds.
Bond Counsel shall be required to bill in accordance with the UNT System's Outside Counsel Billing Guidelines. Actual out-of-pocket expenses shall be eligible for reimbursement to the extent allowable under the Billing Guidelines.
The above fees do not include any special services not normally included in the legal services performed by Bond Counsel described above, such as (i) litigation; (ii) legal services involving direct responsibility for proceedings before administrative agencies including, by way of example, the Texas Higher Education Coordinating Board; the Internal Revenue Service; the Securities and Exchange Commission; and the State Securities Administrator; (iii) preparation of any prospectuses, official statements, or other materials which must be prepared in accordance with various securities laws; (iv) title examinations or title opinions; and (v) negotiating any special or unusual contracts not necessary for the issuance of bonds.
The University of North Texas System Office of General Counsel Outside Counsel Billing Guidelines
These guidelines are intended to give structure and predictability to the relationship between the University of North Texas System and Outside Counsel. From the University of North Texas System's perspective, teamwork is the key to quality and cost-effective legal representation. The University of North Texas System and its component institutions (collectively, UNT System) expect to be billed in accordance with the following Outside Counsel Billing Guidelines:
1) Hourly Rates. The hourly rates for each partner, of counsel, associate and paralegal working on UNT System matters shall be billed at the rates set forth in Addendum B of the Outside Counsel Contract, but shall in no event exceed $500.00 an hour.
2) Billable Time.
a) The UNT System will only pay for the services of attorneys, paralegals, patent agents, and technical specialists. All time must be billed in no more than quarter hour increments, and must reflect only actual time spent. Block billing will not be reimbursed. Time entries must note the date performed, identify the legal professional performing the task, describe the task(s) completed, show the time taken to complete each task, and state the applicable hourly rate. Tasks referencing correspondence and filings must describe the document received or authored. The UNT System expects to be billed for the actual time it takes to modify standardized forms, filings, and/or correspondence for use on the matter you are billing. We will not reimburse you for the time it originally took you to prepare them. The UNT System will not pay for review, execution, and processing of the standard Outside Counsel Contract. No formula or value billing is permitted.
b) The UNT System will not pay for attorneys or paralegals of the firm educating themselves, training, or doing work of a transient nature on a UNT System matter. Each designated professional is expected to perform work of a type commensurate with his/her professional title. Without prior approval, the UNT System will not pay for more than one attorney or legal professional to perform any task. The UNT System will also not pay for duplicate review and/or analysis of documents or legal research. The UNT System's view is that the most efficient use of attorney time is to maintain continuous contact with the file so that it is not necessary to review the file to reacquaint themselves. Thus, repeated time spent reviewing the file should not be necessary and will not be reimbursed.
c) Legal research must be pre-approved by the UNT System. A request to undertake legal research should provide the UNT System with an estimate of either time or dollar amount to be expended. The need for legal research will be addressed on a case-by-case basis.
d) All conferences must describe the attendees and purpose of the meeting, and, if more than one firm member is in attendance, a justification for multiple attendees from the firm.
e) The UNT System will not pay for Administrative Staff, such as secretarial support, case clerks, and accounting and billing clerks, including but not limited to the following: overtime, file opening, file organization, docketing or other administrative tasks; preparation of billing, invoice review, budget preparation or communications regarding same or any other accounting matter.
3) Expenses. The UNT System expects you to anticipate and include expenses and disbursements as part of your overhead and, therefore, part of your basic hourly rate. Accordingly, the UNT System will not reimburse the firm for:
a) Expenses disallowed under the terms and conditions set forth in the Outside Counsel Contract;
b) Copying charges (routine, day-to-day);
c) Fax charges;
d) Routine Postage;
e) Office Supplies;
f) Local, long distance or cellular telephone charges;
g) Local travel within the Dallas-Fort Worth-Denton Metroplex, including mileage, parking and tolls; and
h) All delivery services incurred by in-firm staff.
The UNT System will reimburse the actual cost for the following expenses:
a) Pre-approved volume copying;
b) Overnight courier charges and third party courier services, with an explanation of the nature and purpose of the charge (i.e., why the task was not completed in a timely manner to permit reduced rates); and
c) Allowable expenses as expressly stated in Provision 5.2.2 of the Outside Counsel Contract.
All other expenses must be included within the hourly rates of the firm unless they are truly extraordinary and the UNT System advance approval has been obtained prior to incurring the expense.
4) Invoices. The UNT System expects a firm's invoices to show the same high quality and care it takes with its legal work. Professional time and disbursements should be reviewed by the billing partner and those portions that are not necessary for the legal task(s) described should be deleted before the bill is submitted for payment.
a) Invoices for legal services shall be submitted to the person designated in the Outside Counsel Contract, preferably in electronic form via email, within 10 business days of the end of the month in which legal services are rendered.
b) Each statement should indicate the UNT System institution for which the legal services were performed and the Outside Counsel Contract number under which the legal services were performed.
c) Allowable costs and expenses should be billed in accordance with the guidelines set forth in paragraph 3 above and supported by attached copies of invoices for amounts in excess of $50.00.
d) A summary sheet should be included indicating the total legal fees and expenses, the amount of the contract and the total legal fees and expenses invoiced to date.
It is the responsibility of the firm to monitor the total amount of fees and expenses invoiced under the contract. Once 75% of the contract amount has been invoiced and the remaining 25% will not cover the estimated legal fees and expenses for the remaining term of the contract, the firm should advise the UNT System Office of General Counsel (OGC) in writing requesting an increase in the contract amount and stating the reason for the additional legal fees and expenses. An amendment will be prepared for signature by the firm, UNT System and the Attorney General. Legal services rendered exceeding the contract amount are not allowed and will not be paid. It is the firm's responsibility to advise the Office of General Counsel prior to exceeding the contract limit.
If you have questions regarding these guidelines or any outside counsel matters, please contact: Michelle Williams, Associate General Counsel, The University of North Texas System, 1155 Union Circle #310907, Denton, Texas 76203-5017, (940) 565-2717, mwilliams@unt.edu.
TRD-200901961
Carrie Stoeckert
Assistant Director of PPS
University of North Texas System
Filed: May 19, 2009
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 multiple contracts on an as-needed basis to assist with completing groundwater availability modeling simulations in support of joint planning in groundwater management areas.
The initial term of the contract awarded as a result of these contracts shall be from date of award through August 31, 2010 provided the vendor meets all performance measures.
TWDB, with the awarded vendor's concurrence, has the exclusive option to renew for four (4) additional one year periods. Additionally, TWDB shall have the option to extend this contract for a period of 120 days after the final renewal period. Renewals are contingent upon agreement of both parties, under the same terms and conditions, provided the vendor has met all performance measures and subject to availability of appropriated funds.
Contracts may be amended to reflect additions or deletions of like services. In the event of additions or deletions of service, however, unit prices shall remain in effect as provided with response. Escalation that is documented and approved by TWDB is allowed during the renewal period at the sole discretion of TWDB.
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 (GAM) 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. These services may be utilized by Texas state agencies, local and federal governmental units and private firms and individuals. The program's intent is to qualify multiple respondents to assist with running groundwater availability models to calculate estimates of managed available groundwater in support of the groundwater management area directive to determine desired future conditions of aquifers.
The success of the GAM program depends on the continued interest and support of stakeholders and the Texas Legislature. Ongoing interest is vital to ensure that the most up-to-date model information will be available to address groundwater resource issues for each aquifer. Continued funding is required to update models and develop models for the minor aquifers. The GAM models for the major aquifers, representing 95 percent of groundwater used in Texas, were completed by October 1, 2004. Information and reports on the models are available to the public on TWDB's web site and the models are available on CD upon request. Please review www.twdb.state.tx.us/GAM for more information about the GAM program.
Due to expected volume of model run requests TWDB will receive in response to joint planning in groundwater management areas, we are hoping to implement a pilot program to hire external modelers on an as-needed basis to run model simulations. We expect to hire enough qualified applicants so that we could rotate model run requests through the pool of available internal and external modelers. The model runs would have a pre-set cost established on a three-tier approach based on the complexity of the model run. It is anticipated that the pre-set cost for this three-tier approach is as follows:
Level 1 = $7,000
Level 2 = $10,000
Level 3 = $15,000
This approach would mitigate additional costs the applicant would bear attempting to track hours or other related expenses. Once the model run request has been completed by the applicant, a model run report, the model files, all supporting materials, and an invoice based on the pre-set cost are delivered to TWDB for final review and approval. The model run reports would look the same as our current runs and would go through the same rigorous review process before being delivered to customers.
If the program proves to be cost and time effective, staff may return to the TWDB to expand funding for the program. If effective, the program will increase our output of model runs and allow staff to continue the development and improvement of groundwater availability models.
Deliverables include reports (see samples), all model files, any other files used to manipulate model files and to develop figures, Use MODFLOW code, Groundwater Vistas or PMWIN for pre- and post-processor, Word for report, ESRI ArcGIS for post processing and figures.
Reports in Microsoft Word or compatible program documenting the model run to include the following sections:
* Executive Summary--Which includes a synopsis of the request;
* Identification of Requestor--The individual who requested the model simulation and their affiliated groundwater management area;
* Description of the Request--Summary of model simulation request;
* Methods--Provide sufficient information that GAM staff can duplicate the process or processes used;
* Parameters and Assumptions--Include model version, model limitations, root mean error, pre and post-processor software used (including version), and any other relevant assumptions of parameters;
* Discuss results including relevant water budget;
* References--Using United States Geological Survey style;
* Appendices--As applicable.
Additional deliverables and stipulations include:
* Provide all model files using MODFLOW code, Groundwater Vistas or Processing MODFLOW for Windows (PMWIN);
* Provide any other files or updates used to manipulate model files to develop figures for example ESRI ArcGIS. Adobe Illustrator, Microsoft Excel, and so forth;
* Provide resume's with response for evaluation and approval;
* Respondent must disclose contracts that may conflict with existing or future contracts and locations, and update TWDB as changes occur;
* Provide declaration on the availability and responsiveness of staff assigned to the potential contracts and report conflicts of interest to contract administrator; and
* Respondent agrees to ensure the continuity of the team members assigned to the project. The respondent represents and warrants that the Modeler shall be available for the entirety of the project and shall remain available through out the term of the contract.
Description of Skills
Statements of Qualifications (SOQ) will be ranked based on the following skills: The minimum skills and qualifications for this SOQ are individuals that have experience as a Groundwater Modeler (GM) who have qualifications as a Geoscientist I, II, III or Hydrologist I, II, III as defined in the State of Texas position classification tables.
* Ability to conduct and assist with routine to moderately complex groundwater modeling studies. Work involves conducting and overseeing the execution of technical projects; preparing designs, plans, estimates, calculations, and documentation; and performing or overseeing the performance of model reviews, testing, collection of data, and implementation of data into model files, model runs, data extraction, interpretation, and documentation.
* Plans, organizes, and implements the acquisition of necessary water resources data to develop, run, and analyze groundwater flow models. This may entail proper documentation of source information, application processes, and quality assurance procedures.
* Designs and implements regional and local spatial analysis for groundwater studies.
* Assists with the preparation and review of technical groundwater reports.
* Researches and delivers written and verbal responses to public, inter, and intra agency inquiries. May include presentations at public meetings summarizing modeling studies.
* Graduation from an accredited four-year college or university with BS in Hydrology, Water Resources, Geology, Hydrogeology or related field with 0 to 4 years work experience. Experience and education may be substituted for one another on a year-by-year basis.
* Experience in groundwater modeling using MODFLOW; prefer experience using Groundwater Vistas.
* Experience with GIS applications; prefer ArcGIS with knowledge of spatial analyst extension and exposure to geodatabase use and design.
* Prefer familiarity with water resources data of Texas.
* Knowledge of MODFLOW and modeling techniques.
* Knowledge of basic hydrological and geological concepts, techniques, and analysis.
* Ability to train others; to plan, assign, and/or supervise the work of others; to plan projects; and to apply hydrogeological concepts.
* Skill in the operation of Windows-based computers and software such as spreadsheets, database, and Word. Advanced knowledge of programming including the ability to acquire, manipulate, and develop water resources data in multiple formats and/or from various sources.
* Ability to communicate effectively both verbally and in writing.
Oral presentations may be required as part of qualification review. However, invitation for oral presentation is not an indication of probable selection.
Description of Funding Consideration
A total of up to $150,000 has been identified for groundwater availability simulations from the TWDB's Research and Planning Fund for these projects for Fiscal Year 2009. Additional funds may be identified.
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., June 15, 2009. The Statement of Qualifications shall be submitted to meet the following: NOTE: Failure to return the required items with the response will result in rejection of the offer.
ORIGINAL: Submit one complete original response (marked Original) which shall include the solicitation document and any additional pricing schedules.
COPIES: Submit four unbound copies which shall NOT include any pricing for the evaluation committee's review.
* Be on single-sided 8 1/2 x 11-inch paper. Response may be tab indexed.
* Be delivered to the address noted in this solicitation.
* Be clearly marked "RESPONSE TO SOQ, Texas Register No.".
* Be complete and comprehensive. TWDB will not be responsible for locating or securing information that is not included in the offer.
Provide information in the following order:
Section 1: Company Profile Summary and History--Two pages maximum. Respondent information to include the following:
* Company name, address, and phone number, legal status (corporation, partnership, joint venture, sole proprietorship).
* Name, phone number, and email address of person TWDB should contact with any questions on the offer.
* Name and title of person submitting offer with the authority to bind the company.
* Describe the general nature of previous work, the number of years in business, size and scope of operation.
Section 2: Company References: Respondent shall provide references from a minimum of three customers to whom the respondent has provided services in the past 36 months similar to the scope of services described in this specification.
Section 3: Resumes of individual modelers that directly relate to the description of skills listed above. Respondent should be the one responsible for running the models-five pages maximum.
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.
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.
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-200901957
Kenneth L. Petersen
General Counsel
Texas Water Development Board
Filed: May 19, 2009