Texas Department of Agriculture
Request for Applications: Specialty Crop Retail Promotion Grant
Introduction. The Texas Department of Agriculture (TDA) is accepting applications for the Specialty Crop Retail Promotion Reimbursement Grant (Program) designed to create a concentrated and coordinated effort of retailers across the state to promote Texas produce, tree nuts, floriculture, and/or horticulture. Funds are available from the United States Department of Agriculture (USDA) through a grant to TDA through the Specialty Crop Block Grant Program (SCBGP) to support a retailer promotion initiative.
Program Authority. The SCBGP is authorized by the Food, Conservation, and Energy Act of 2008 (Farm Bill), which amended the Specialty Crops Competitiveness Act of 2004 (7 U.S.C. 1621 note) and authorized the USDA to provide grants to States for each of the fiscal years 2008 - 2012 to enhance the competitiveness of specialty crops.
Eligibility. Texas retailers that purchase Texas grown produce, tree nuts, floriculture, and/or horticulture from multiple producers and sell directly to consumers may apply for funds to enhance promotional activities of these Texas specialty crops.
Submission. Applications are on TDA's GOTEXAN website, www.gotexan.org, under the "For Members Tab". Eligible applicants will be considered for funding contingent upon the availability of funds. Completed applications will be reviewed on a first-come, first-served basis. Applications will be accepted by the Texas Department of Agriculture until the close of business (5:30 p.m. CST) on June, 30, 2013, or until all funds are awarded, whichever is first.
Program Contact. Contact the Marketing and International Trade Division office at (512) 463-7472 with questions regarding this program.
TRD-201301958
Dolores Alvarado Hibbs
General Counsel
Texas Department of Agriculture
Filed: May 14, 2013
The Texas Department of Agriculture (TDA) announces the availability of funds from the Texas Wine Marketing Assistance Program (TWMAP) to support a Texas wine retail promotion reimbursement program. The program is designed to assist retailers and wineries across the state by encouraging the sale and purchase of Texas wines in retail stores.
Eligibility. GO TEXAN member retailers and GO TEXAN member wineries that sell Texas wines directly to consumers may apply for funds to enhance their promotional activities. Funds for wine promotional activities will be awarded in amounts not exceeding $500 per retail store location, with a maximum of $5,000 per applying corporate/parent organization.
Grant funds may be used for one or more of the following activities:
(1) In-store GO TEXAN wine demonstrations, tastings, classes, or lectures performed by a GO TEXAN retailer's employees;
(2) In-store GO TEXAN wine demonstrations, tastings, classes, or lectures performed by a licensed third-party promotional company hired by the GO TEXAN retailer;
(3) In-store GO TEXAN wine demonstrations, tastings, classes, or lectures performed by a GO TEXAN partner winery showcasing their own wines;
(4) Design and printing of in-store marketing materials promoting GO TEXAN wines and wineries;
(5) Advertising and promotional items (ads, flyers, bags, media advertisements, etc.) that encourage sales of GO TEXAN wines.
Applicant must incorporate the GO TEXAN certification mark on all promotional materials or display the GO TEXAN certification mark prominently at any demonstrations. Use of the GO TEXAN certification mark on promotional materials or items must be submitted for approval to TDA at least seven working days before release.
Program Requirements. Applicants must comply with all guidelines and requirements in the application guide and any agreement which may be awarded as a result thereof, including complying with TDA reporting requirements.
Grantees will be required to submit sales volume and value information for the period immediately prior to the funded activities and for the period 30 days after the activities. The scope of the information and format of the report shall be prescribed by TDA. Reporting must be made monthly. For grantees with multiple locations, reports must be submitted for each activity held at each location.
Selected applicants are fully responsible for the administrative and financial control and management of the award. Failure to comply with the requirements may result in disqualification of the application, termination of the award, or denial of reimbursement by TDA.
Submitting an Application and Deadline. Application and guidance documents are available on TDA's GO TEXAN website, www.gotexan.org, under the "For Members" tab or upon request from TDA. Please contact the Marketing and International Trade Division office at (512) 463-7170 with questions regarding this program.
Completed applications will be reviewed on a first-come, first-served basis. Applications will be accepted by the Texas Department of Agriculture until the close of business (5:00 p.m. CST) on July 31, 2013, or until all funds are awarded.
Applications may be submitted to:
Physical Address: Marketing and International Trade Division, Trade and Business Development, Texas Department of Agriculture, 1700 North Congress Avenue, Austin, Texas 78701.
Mailing Address: Marketing and International Trade Division, Trade and Business Development, Texas Department of Agriculture, P.O. Box 12847, Austin, Texas 78711, Fax: (888) 223-8638.
Email: Grants@TexasAgriculture.gov.
Assistance and Questions. For questions regarding submission of the proposal and TDA documentation requirements, please contact Marketing and International Trade Division office at (512) 463-7170 or by email at Grants@TexasAgriculture.gov.
Texas Public Information Act. Once submitted, all applications shall be deemed to be the property of the TDA and are subject to the Texas Public Information Act, Texas Government Code, Chapter 552.
TRD-201301957
Dolores Alvarado Hibbs
General Counsel
Texas Department of Agriculture
Filed: May 14, 2013
Certification of the Average Taxable Price of Gas and Oil - April 2013
The Comptroller of Public Accounts, administering agency for the collection of the Crude Oil Production Tax, has determined as required by Tax Code, §202.058, that the average taxable price of crude oil for reporting period April 2013 is $71.58 per barrel for the three-month period beginning on January 1, 2013, and ending March 31, 2013. Therefore, pursuant to Tax Code, §202.058, crude oil produced during the month of April 2013 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 as required by Tax Code, §201.059, that the average taxable price of gas for reporting period April 2013 is $2.78 per mcf for the three-month period beginning on January 1, 2013, and ending March 31, 2013. Therefore, pursuant to Tax Code, §201.059, gas produced during the month of April 2013 from a qualified low-producing well is eligible for 50% credit on the natural gas production tax imposed by Tax Code, Chapter 201.
The Comptroller of Public Accounts, administering agency for the collection of the Franchise Tax, has determined, as required by Tax Code, §171.1011(s), that the average closing price of West Texas Intermediate crude oil for the month of April 2013 is $92.07 per barrel. Therefore, pursuant to Tax Code, §171.1011(r), a taxable entity shall not exclude total revenue received from oil produced during the month of April 2013 from a qualified low-producing oil well.
The Comptroller of Public Accounts, administering agency for the collection of the Franchise Tax, has determined, as required by Tax Code, §171.1011(s), that the average closing price of gas for the month of April 2013 is $4.16 per MMBtu. Therefore, pursuant to Tax Code, §171.1011(r), a taxable entity shall exclude total revenue received from gas produced during the month of April 2013 from a qualified low-producing gas well.
Inquiries should be directed to Bryant K. Lomax, Manager, Tax Policy Division, P.O. Box 13528, Austin, Texas 78711-3528.
TRD-201301865
Ashley Harden
General Counsel
Comptroller of Public Accounts
Filed: May 10, 2013
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 05/13/13 - 05/19/13 is 18% for Consumer 1/Agricultural/Commercial2 credit through $250,000.
The weekly ceiling as prescribed by §303.003 and §303.009 for the period of 05/13/13 - 05/19/13 is 18% for Commercial over $250,000.
The judgment ceiling as prescribed by §304.003 for the period of 06/01/13 - 06/30/13 is 5.00% for Consumer/Agricultural/Commercial credit through $250,000.
The judgment ceiling as prescribed by §304.003 for the period of 06/01/13 - 06/30/13 is 5.00% for Commercial over $250,000.
1 Credit for personal, family or household use.
2 Credit for business, commercial, investment or other similar purpose.
TRD-201301949
Leslie Pettijohn
Commissioner
Office of Consumer Credit Commissioner
Filed: May 14, 2013
This contract award notice is being filed by the Employees Retirement System of Texas (ERS) in relation to a contract for consulting services to define requirements and identify options to achieve optimization of ERS' hosted ACD/IVR contact center solution.
The contract was awarded to Strategic Contact, Inc., 9510 SW 151st Avenue, Beaverton, Oregon 97007.
The cost of the contract is $24,985. The contract was executed on April 29, 2013 and will be performed over a five-week period.
TRD-201301927
Paula A. Jones
General Counsel and Chief Compliance Officer
Employees Retirement System of Texas
Filed: May 13, 2013
The Texas Commission on Environmental Quality (TCEQ, agency 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. TWC, §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. TWC, §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 24, 2013. TWC, §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 24, 2013. 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, TWC, §7.075 provides that comments on the AOs shall be submitted to the commission in writing.
(1) COMPANY: A-2-Z Curb Decor LLC; DOCKET NUMBER: 2010-1091-LII-E; IDENTIFIER: RN105953459; LOCATION: Perrin, Jack County; TYPE OF FACILITY: landscaping service; RULE VIOLATED: 30 TAC §30.5(b) and §344.30(a)(2) and (d), and TWC, §37.003, by failing to refrain from advertising or representing oneself to the public as a holder of a license or registration, unless they employ an individual who holds a current license; PENALTY: $500; ENFORCEMENT COORDINATOR: Jessica Schildwachter, (512) 239-2617; REGIONAL OFFICE: 1977 Industrial Boulevard, Abilene, Texas 79602-7833, (325) 698-9674.
(2) COMPANY: Asif Khania dba Mini Mart; DOCKET NUMBER: 2013-0206-PST-E; IDENTIFIER: RN101433043; LOCATION: Linden, Cass County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.50(b)(2) and TWC, §26.3475(a), by failing to provide release detection for the pressurized piping associated with the underground storage tank system; PENALTY: $3,416; ENFORCEMENT COORDINATOR: Margarita Dennis, (512) 239-2578; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3734, (903) 535-5100.
(3) COMPANY: Aslam Ali dba Handi Stop 37; DOCKET NUMBER: 2012-2577-PST-E; IDENTIFIER: RN102405313; LOCATION: Tomball, Harris County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.8(c)(4)(A)(vii) and (5)(B)(ii), by failing to renew a previously issued underground storage tank (UST) delivery certificate by submitting a properly completed UST registration and self-certification form at least 30 days before the expiration date; and 30 TAC §334.8(c)(5)(A)(i) and TWC, §26.3467(a), by failing to make available to a common carrier a valid, current TCEQ delivery certificate before accepting delivery of a regulated substance into the UST; PENALTY: $8,896; ENFORCEMENT COORDINATOR: JR Cao, (512) 239-2543; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(4) COMPANY: BITTU & SANJEEVAN, INCORPORATED dba Super Fast Food; DOCKET NUMBER: 2012-2722-PST-E; IDENTIFIER: RN104914197; LOCATION: Gonzales, Gonzales County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.50(b)(1)(A) and TWC, §26.3475(c)(1), by failing to monitor the underground storage tanks for releases at a frequency of at least once every month (not to exceed 35 days between each monitoring); PENALTY: $3,750; ENFORCEMENT COORDINATOR: Jason Fraley, (512) 239-2552; REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5503, (361) 825-3100.
(5) COMPANY: City of Hubbard; DOCKET NUMBER: 2013-0325-MWD-E; IDENTIFIER: RN101918480; LOCATION: Hubbard, Hill County; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: TWC, §26.121(a)(1), 30 TAC §305.125(1), and Texas Pollutant Discharge Elimination System Permit Number WQ0010534001, Effluent Limitations and Monitoring Requirements Number 1, by failing to comply with permitted effluent limits; PENALTY: $3,750; ENFORCEMENT COORDINATOR: Nick Nevid, (512) 239-2612; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.
(6) COMPANY: City of Maud; DOCKET NUMBER: 2013-0625-MWD-E; IDENTIFIER: RN103138202; LOCATION: Maud, Bowie County; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: TWC, §26.121(a)(1), 30 TAC §305.125(1), and Texas Pollutant Discharge Elimination System Permit Number WQ0014025001, Effluent Limitations and Monitoring Requirements Number 1, by failing to comply with permitted effluent limitations; PENALTY: $1,687; ENFORCEMENT COORDINATOR: Remington Burklund, (512) 239-2611; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3734, (903) 535-5100.
(7) COMPANY: CKP BROTHERS, INCORPORATED dba CKP Texaco; DOCKET NUMBER: 2013-0332-PST-E; IDENTIFIER: RN101727691; LOCATION: Pearland, Brazoria County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.50(b)(2) and TWC, §26.3475(a), by failing to provide release detection for the pressurized piping associated with the underground storage tank system; PENALTY: $2,567; ENFORCEMENT COORDINATOR: Jason Fraley, (512) 239-2552; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(8) COMPANY: COLUMBIA PLAZA MEDICAL CENTER OF FORT WORTH SUBSIDIARY, L.P. dba Plaza Medical Center of Fort Worth; DOCKET NUMBER: 2012-2646-PST-E; IDENTIFIER: RN101567964; LOCATION: Fort Worth, Tarrant County; TYPE OF FACILITY: medical facility with an emergency generator; RULE VIOLATED: 30 TAC §334.50(b)(2) and TWC, §26.3475(b), by failing to provide release detection for the suction piping associated with the underground storage tank system; PENALTY: $3,893; ENFORCEMENT COORDINATOR: Steven Van Landingham, (512) 239-5717; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (713) 767-3500.
(9) COMPANY: ConocoPhillips Company; DOCKET NUMBER: 2011-1891-AIR-E; IDENTIFIER: RN102495884; LOCATION: Borger, Hutchinson County; TYPE OF FACILITY: petroleum refinery; RULE VIOLATED: 30 TAC §§101.20(3), 116.715(a), and 122.143(4), Texas Health and Safety Code, §382.085(b), Flexible Permit Numbers 9868A and PSDTX102M7, Special Conditions Number 1, and Federal Operating Permit Number O1440, Special Terms and Conditions Number 23, by failing to prevent unauthorized emissions; PENALTY: $19,250; ENFORCEMENT COORDINATOR: Kimberly Morales, (713) 422-8938; REGIONAL OFFICE: 3918 Canyon Drive, Amarillo, Texas 79109-4933, (806) 353-9251.
(10) COMPANY: CROCKETT ENTERPRISES, INCORPORATED dba Easy Shop; DOCKET NUMBER: 2012-2491-PST-E; IDENTIFIER: RN101893097; LOCATION: Crockett, Houston County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.50(b)(1)(A) and (2) and TWC, §26.3475(a) and (c)(1), by failing to monitor the underground storage tanks (USTs) for releases at a frequency of at least once every month (not to exceed 35 days between each monitoring) and by failing to provide release detection for the pressurized piping associated with the UST system; PENALTY: $3,881; ENFORCEMENT COORDINATOR: Mike Pace, (817) 588-5933; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.
(11) COMPANY: EBELING WATER SUPPLY CORPORATION; DOCKET NUMBER: 2013-0138-PWS-E; IDENTIFIER: RN101239846; LOCATION: Plainview, Hale County; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.44(h)(1)(A) and (B) and (4) and §290.46(j), by failing to implement an adequate backflow prevention and protection program; and 30 TAC §290.51(a)(6) and TWC, §5.702, by failing to pay all annual Public Health Service fees and associated late fees for TCEQ Financial Administration Account Number 90950064 for Fiscal Year 2013; PENALTY: $187; ENFORCEMENT COORDINATOR: Jim Fisher, (512) 239-2537; REGIONAL OFFICE: 5012 50th Street, Suite 100, Lubbock, Texas 79414-3421, (806) 796-7092.
(12) COMPANY: Enterprise Products Operating LLC; DOCKET NUMBER: 2012-2454-AIR-E; IDENTIFIER: RN100210665; LOCATION: La Porte, Harris County; TYPE OF FACILITY: chemical manufacturing plant; RULE VIOLATED: 30 TAC §116.115(c), Air Permit Number 20289, Special Conditions (SC) Number 1 and Texas Health and Safety Code (THSC), §382.085(b), by failing to prevent unauthorized emissions; and 30 TAC §115.722(c)(1) and §116.115(c), Air Permit Number 20289, SC Number 1 and THSC, §382.085(b), by failing to prevent unauthorized emissions and by failing to limit Highly Reactive Volatile Organic Compound emissions to 1,200 pounds per one hour block period; PENALTY: $50,000; Supplemental Environmental Project (SEP) offset amount of $12,500 applied to Barbers Hill Independent School District (BHISD) - Barbers Hill Vehicle and Equipment Program and SEP offset amount of $12,500 applied to BHISD - Barbers Hill Energy Efficiency Program; ENFORCEMENT COORDINATOR: Nadia Hameed, (713) 767-3629; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(13) COMPANY: Fine Management Services, LLC dba Oaks Food Store; DOCKET NUMBER: 2012-2191-PST-E; IDENTIFIER: RN102251238; LOCATION: Cypress, Harris County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.49(a)(1) and TWC, §26.3475(d), by failing to provide corrosion protection for the underground storage tank system; PENALTY: $2,813; ENFORCEMENT COORDINATOR: Nick Nevid, (512) 239-2612; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(14) COMPANY: Haldor Topsoe, Incorporated; DOCKET NUMBER: 2012-2621-AIR-E; IDENTIFIER: RN101211498; LOCATION: Pasadena, Harris County; TYPE OF FACILITY: catalyst manufacturing plant; RULE VIOLATED: 30 TAC §122.145(2)(A), Federal Operating Permit Number O1217, General Terms and Conditions, and Texas Health and Safety Code (THSC), §382.085(b), by failing to report all instances of deviations; 30 TAC §101.201(b) and THSC, §382.085(b), by failing to maintain complete final records for non-reportable emissions events; 30 TAC §101.201(e) and THSC, §382.085(b), by failing to submit an initial notification for an excess opacity event that occurred on February 10, 2012 within 24 hours after discovery of the opacity event; and 30 TAC §101.201(a) and THSC, §382.085(b), by failing to submit an initial notification for an emissions event that occurred on May 12, 2012 within 24 hours after discovery of the emissions event; PENALTY: $10,901; ENFORCEMENT COORDINATOR: Kimberly Morales, (713) 422-8938; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(15) COMPANY: HJTV, Incorporated dba Lakeside Travel Plaza; DOCKET NUMBER: 2012-0471-PST-E; IDENTIFIER: RN105560619; LOCATION: Iowa Park, Wichita County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.8(c)(4)(A)(vi), by failing to obtain an underground storage tank (UST) delivery certificate by submitting a properly completed UST registration and self-certification form; 30 TAC §334.8(c)(5)(A)(i) and TWC, §26.3467(a), by failing to make available to a common carrier a valid, current TCEQ delivery certificate before accepting delivery of a regulated substance into the UST; and 30 TAC §334.50(b)(1)(A) and (2) and TWC, §26.3475(a) and (c)(1), by failing to monitor the UST for releases at a frequency of at least once every month (not to exceed 35 days between each monitoring) and by failing to provide proper release detection for the pressurized piping associated with the UST; PENALTY: $12,488; ENFORCEMENT COORDINATOR: Rebecca Johnson, (361) 825-3423; REGIONAL OFFICE: 1977 Industrial Boulevard, Abilene, Texas 79602-7833, (325) 698-9674.
(16) COMPANY: INVISTA S.a r.l.; DOCKET NUMBER: 2012-2392-AIR-E; IDENTIFIER: RN104244942; LOCATION: La Porte, Harris County; TYPE OF FACILITY: copolymer production plant; RULE VIOLATED: 30 TAC §116.116(a) and Texas Health and Safety Code (THSC), §382.085(b), by failing to comply with representations in the permit application for New Source Review (NSR) Permit Number 28315; 30 TAC §116.115(c) and §116.116(a), THSC, §382.085(b), and NSR Permit Number 2925, Special Conditions Number 1, by failing to comply with representations in the permit application for NSR Permit Number 2925 and by failing to comply with the permitted hourly emissions rate; and 30 TAC §116.116(a) and THSC, §382.085(b), by failing to comply with representations in the permit application for NSR Permit Number 2925; PENALTY: $39,485; Supplemental Environmental Project offset amount of $15,794 applied to Harris County - Ambient and Meteorological Air Monitoring; ENFORCEMENT COORDINATOR: Heather Podlipny, (512) 239-2603; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(17) COMPANY: Jourdanton Independent School District; DOCKET NUMBER: 2013-0131-PST-E; IDENTIFIER: RN101738417; LOCATION: Jourdanton, Atascosa County; TYPE OF FACILITY: fleet refueling; RULE VIOLATED: 30 TAC §334.50(b)(1)(A) and TWC, §26.3475(c)(1), by failing to monitor the underground storage tank for releases at a frequency of at least once every month (not to exceed 35 days between each monitoring); PENALTY: $3,375; ENFORCEMENT COORDINATOR: Steven Van Landingham, (512) 239-5717; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.
(18) COMPANY: KBE, Incorporated dba Texas Auto Outlet; DOCKET NUMBER: 2013-0376-AIR-E; IDENTIFIER: RN106582992; LOCATION: Fort Worth, Tarrant County; TYPE OF FACILITY: retail sales outlet for pre-owned motor vehicles; RULE VIOLATED: 30 TAC §114.20(c)(1) and Texas Health and Safety Code, §382.085(b), by failing to equip a motor vehicle with either the control systems or devices that were originally a part of the motor vehicle or motor vehicle engine, or an alternate control system; PENALTY: $563; ENFORCEMENT COORDINATOR: Katie Hargrove, (512) 239-2569; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(19) COMPANY: KENMARK HOMES, LP; DOCKET NUMBER: 2013-0277-WQ-E; IDENTIFIER: RN106270572; LOCATION: Parker County; TYPE OF FACILITY: construction site; RULE VIOLATED: 30 TAC §281.25(a)(4) and 40 Code of Federal Regulations §122.26(c), by failing to obtain authorization to discharge storm water associated with construction activities; PENALTY: $2,750; ENFORCEMENT COORDINATOR: Heather Brister, (254) 761-3034; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(20) COMPANY: Manchaca Food, Incorporated; DOCKET NUMBER: 2013-0058-EAQ-E; IDENTIFIER: RN106538614; LOCATION: San Marcos, Hays County; TYPE OF FACILITY: construction site for a new convenience store with a gas station; RULE VIOLATED: 30 TAC §213.4(a)(1), by failing to obtain approval of an Edwards Aquifer Underground Storage Tank Facility Plan prior to beginning a regulated activity over the Edwards Aquifer Transition Zone; PENALTY: $1,875; ENFORCEMENT COORDINATOR: Nick Nevid, (512) 239-2612; REGIONAL OFFICE: 12100 Park 35 Circle, Austin, Texas 78753, (512) 339-2929.
(21) COMPANY: MURPHY OIL USA, INCORPORATED dba Murphy USA 6779; DOCKET NUMBER: 2013-0159-PST-E; IDENTIFIER: RN102232741; LOCATION: Kemah, Galveston County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §115.245(2) and Texas Health and Safety Code, §382.085(b), by failing to verify proper operation of the Stage II equipment at least once every 12 months; PENALTY: $6,161; ENFORCEMENT COORDINATOR: Danielle Porras, (713) 767-3682; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(22) COMPANY: OVERSEAS ENTERPRISES USA, INCORPORATED dba Gateway Travel Plaza; DOCKET NUMBER: 2012-2297-PST-E; IDENTIFIER: RN101743730; LOCATION: Vidor, Orange County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.50(b)(1)(A) and TWC, §26.3475(c)(1), by failing to monitor the underground storage tanks (USTs) for releases at a frequency of at least once every month (not to exceed 35 days between each monitoring); 30 TAC §334.10(b)(1)(B), by failing to maintain UST records and making them immediately available for inspection upon request by agency personnel; and TWC, §5.702, by failing to pay an outstanding administrative penalty for TCEQ Financial Account Number 23705387; PENALTY: $7,000; ENFORCEMENT COORDINATOR: Danielle Porras, (713) 767-3682; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.
(23) COMPANY: Pro Star Roll-off Dumpsters LLC; DOCKET NUMBER: 2012-2287-MSW-E; IDENTIFIER: RN105909063; LOCATION: San Antonio, Bexar County; TYPE OF FACILITY: recycling; RULE VIOLATED: 30 TAC §330.7(a), by failing to obtain a permit or registration as a municipal solid waste facility; PENALTY: $3,000; ENFORCEMENT COORDINATOR: Mike Pace, (817) 588-5933; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.
(24) COMPANY: RIVER CITY READY MIX, INCORPORATED; DOCKET NUMBER: 2012-2174-MLM-E; IDENTIFIER: RN105833735; LOCATION: San Antonio, Bexar County; TYPE OF FACILITY: concrete manufacturing business; RULE VIOLATED: 30 TAC §330.954(a) and (e), by failing to obtain a development permit prior to altering or disturbing a closed municipal solid waste (MSW) landfill; 30 TAC §330.463(a)(1), by failing to correct a lack of vegetative growth, ponding of water, and erosion of cover material at the closed landfill; 30 TAC §281.25(a)(4) and 40 Code of Federal Regulations §122.26(c), by failing to obtain authorization to discharge storm water associated with industrial activities under the Texas Pollution Discharge Elimination System Multi-Sector General Permit Number TXR050000; 30 TAC §330.15(c), by failing to prevent the unauthorized disposal of MSW; and TWC, §26.121(a)(2), by failing to prevent unauthorized discharges into or adjacent to any water in the state; PENALTY: $20,000; ENFORCEMENT COORDINATOR: Andrea Park, (713) 422-8970; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.
(25) COMPANY: RSSB, INCORPORATED dba Baytown Market; DOCKET NUMBER: 2012-2611-PST-E; IDENTIFIER: RN101433316; LOCATION: Baytown, Harris County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.50(b)(2) and TWC, §26.3475(a), by failing to provide release detection for the pressurized piping associated with the underground storage tank system; PENALTY: $2,566; ENFORCEMENT COORDINATOR: Jason Fraley, (512) 239-2552; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(26) COMPANY: S.L.C. WATER SUPPLY CORPORATION; DOCKET NUMBER: 2013-0356-PWS-E; IDENTIFIER: RN101265908; LOCATION: Limestone County; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.113(f)(5) and Texas Health and Safety Code, §341.0315(c), by failing to comply with the maximum contaminant level of 0.060 milligrams per liter for haloacetic acids, based on the running annual average; PENALTY: $258; ENFORCEMENT COORDINATOR: Katy Schumann, (512) 239-2602; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.
(27) COMPANY: SAYKOT ENTERPRISES, INCORPORATED dba South Hills Fina; DOCKET NUMBER: 2013-0073-PST-E; IDENTIFIER: RN102644911; LOCATION: Fort Worth, Tarrant County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.50(b)(1)(A) and TWC, §26.3475(c)(1), by failing to monitor the underground storage tanks (USTs) for releases at a frequency of at least once every month (not to exceed 35 days between each monitoring); and 30 TAC §334.10(b), by failing to maintain UST records and making them immediately available for inspection upon request by agency personnel; PENALTY: $6,000; ENFORCEMENT COORDINATOR: Andrea Park, (713) 422-8970; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(28) COMPANY: UNIQUE LEASING, INCORPORATED dba Reynolds Nationwide; DOCKET NUMBER: 2012-2307-PST-E; IDENTIFIER: RN100799980; LOCATION: Stephenville, Erath County; TYPE OF FACILITY: fleet refueling; RULE VIOLATED: 30 TAC §334.50(b)(1)(A) and TWC, §26.3475(c)(1), by failing to monitor the underground storage tank (UST) for releases at a frequency of at least once every month (not to exceed 35 days between each monitoring); and 30 TAC §334.10(b), by failing to maintain UST records and making them immediately available for inspection upon request by agency personnel; PENALTY: $4,500; ENFORCEMENT COORDINATOR: Michael Meyer, (512) 239-4492; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(29) COMPANY: Valero Refining-Texas, L.P.; DOCKET NUMBER: 2012-2692-AIR-E; IDENTIFIER: RN100219310; LOCATION: Houston, Harris County; TYPE OF FACILITY: crude oil processing and refining plant; RULE VIOLATED: 30 TAC §122.143(4) and §122.146(2), Texas Health and Safety Code, §382.085(b), and Federal Operating Permit Number O-1381, General Terms and Conditions, by failing to submit the permit compliance certification no later than 30 days after the end of the certification period; PENALTY: $7,500; Supplemental Environmental Project offset amount of $3,000 applied to Houston - Galveston Area Emission Reduction Credit Organization's Clean Cities/Clean Vehicles Program; ENFORCEMENT COORDINATOR: Rajesh Acharya, (512) 239-0577; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
TRD-201301948
Kathleen C. Decker
Director, Litigation Division
Texas Commission on Environmental Quality
Filed: May 14, 2013
An agreed order was entered regarding Ms. Molly's LLC, Docket No. 2012-0915-PWS-E on April 25, 2013 assessing $256 in administrative penalties with $51 deferred.
Information concerning any aspect of this order may be obtained by contacting Katy Schumann, Enforcement Coordinator at (512) 239-2602, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Legend Natural Gas III, LP, Docket No. 2012-1305-AIR-E on April 25, 2013 assessing $3,450 in administrative penalties with $690 deferred.
Information concerning any aspect of this order may be obtained by contacting Amancio R. Gutierrez, Enforcement Coordinator at (512) 239-3921, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding City of Stockdale, Docket No. 2012-1357-MWD-E on April 25, 2013 assessing $7,012 in administrative penalties with $1,402 deferred.
Information concerning any aspect of this order may be obtained by contacting Jacquelyn Green, Enforcement Coordinator at (512) 239-2587, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Wes Moses dba Texan Portable Toilets, Docket No. 2012-1409-SLG-E on April 25, 2013 assessing $6,375 in administrative penalties with $1,275 deferred.
Information concerning any aspect of this order may be obtained by contacting Katy Schumann, Enforcement Coordinator at (512) 239-2602, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Eric Pipher, Docket No. 2012-1451-EAQ-E on April 25, 2013 assessing $1,875 in administrative penalties with $375 deferred.
Information concerning any aspect of this order may be obtained by contacting Heather Brister, Enforcement Coordinator at (254) 761-3034, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding HOLIDAY HILLS COUNTRY CLUB, INC., Docket No. 2012-1459-WR-E on April 25, 2013 assessing $750 in administrative penalties with $150 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 MKSN INVESTMENTS, LLC dba New Happy Food Mart, Docket No. 2012-1744-PST-E on April 25, 2013 assessing $3,125 in administrative penalties with $625 deferred.
Information concerning any aspect of this order may be obtained by contacting Had Darling, Enforcement Coordinator at (512) 239-2570, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Wimberley Independent School District, Docket No. 2012-1794-EAQ-E on April 25, 2013 assessing $7,500 in administrative penalties with $1,500 deferred.
Information concerning any aspect of this order may be obtained by contacting JR Cao, Enforcement Coordinator at (512) 239-2543, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding MACIVE LLC dba Winfield Travel Center, Docket No. 2012-1895-PST-E on April 25, 2013 assessing $2,568 in administrative penalties with $513 deferred.
Information concerning any aspect of this order may be obtained by contacting Clinton Sims, Enforcement Coordinator at (512) 239-6933, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding City of Fritch, Docket No. 2012-1905-PWS-E on April 25, 2013 assessing $226 in administrative penalties with $45 deferred.
Information concerning any aspect of this order may be obtained by contacting Katy Schumann, Enforcement Coordinator at (512) 239-2602, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Kutob LLC dba Pine Tree Food Mart, Docket No. 2012-1940-PST-E on April 25, 2013 assessing $6,610 in administrative penalties with $1,322 deferred.
Information concerning any aspect of this order may be obtained by contacting David Carney, Enforcement Coordinator at (512) 239-2583, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding DAFFODIL FOOD, INC. dba The Right Choice, Docket No. 2012-2002-PST-E on April 25, 2013 assessing $2,383 in administrative penalties with $476 deferred.
Information concerning any aspect of this order may be obtained by contacting Rajesh Acharya, Enforcement Coordinator at (512) 239-0577, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding PERCY PIERCE TRADING CORPORATION dba Percy's Food Mart, Docket No. 2012-2032-PST-E on April 25, 2013 assessing $5,750 in administrative penalties with $1,150 deferred.
Information concerning any aspect of this order may be obtained by contacting Sarah Davis, Enforcement Coordinator at (512) 239-1653, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding TEMPLE GROCERY INC, Docket No. 2012-2056-PST-E on April 25, 2013 assessing $3,879 in administrative penalties with $775 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 MUNISH ENTERPRISES, INC. dba Pitt Stop, Docket No. 2012-2059-PST-E on April 25, 2013 assessing $3,150 in administrative penalties with $630 deferred.
Information concerning any aspect of this order may be obtained by contacting Steven Van Landingham, Enforcement Coordinator at (512) 239-5717, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Conroe Independent School District, Docket No. 2012-2081-PST-E on April 25, 2013 assessing $2,813 in administrative penalties with $562 deferred.
Information concerning any aspect of this order may be obtained by contacting David Carney, Enforcement Coordinator at (512) 239-2583, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding City of Wharton, Docket No. 2012-2084-PST-E on April 25, 2013 assessing $3,375 in administrative penalties with $675 deferred.
Information concerning any aspect of this order may be obtained by contacting John Fennell, Enforcement Coordinator at (512) 239-2616, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Punjton, Inc. dba Lucky Stop, Docket No. 2012-2112-PST-E on April 25, 2013 assessing $2,813 in administrative penalties with $562 deferred.
Information concerning any aspect of this order may be obtained by contacting Heather Podlipny, Enforcement Coordinator at (512) 239-2603, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding CLEAN EARTH SOLUTIONS, INC., Docket No. 2012-2162-MSW-E on April 25, 2013 assessing $5,000 in administrative penalties with $1,000 deferred.
Information concerning any aspect of this order may be obtained by contacting Keith Frank, Enforcement Coordinator at (512) 239-1203, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Poppy's Country Market, LLC, Docket No. 2012-2186-PST-E on April 25, 2013 assessing $3,375 in administrative penalties with $675 deferred.
Information concerning any aspect of this order may be obtained by contacting Keith Frank, Enforcement Coordinator at (512) 239-1203, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding BlueLinx Corporation, Docket No. 2012-2219-PST-E on April 25, 2013 assessing $3,516 in administrative penalties with $703 deferred.
Information concerning any aspect of this order may be obtained by contacting John Fennell, Enforcement Coordinator at (512) 239-2616, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Plano Independent School District, Docket No. 2012-2226-PST-E on April 25, 2013 assessing $3,000 in administrative penalties with $600 deferred.
Information concerning any aspect of this order may be obtained by contacting Sarah Davis, Enforcement Coordinator at (512) 239-1653, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Rafiq Ebrahim dba KSM Discount Market, Docket No. 2012-2229-PST-E on April 25, 2013 assessing $2,813 in administrative penalties with $562 deferred.
Information concerning any aspect of this order may be obtained by contacting Christopher Bost, Enforcement Coordinator at (512) 239-4575, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Cameron Independent School District, Docket No. 2012-2232-PST-E on April 25, 2013 assessing $3,375 in administrative penalties with $675 deferred.
Information concerning any aspect of this order may be obtained by contacting Rebecca Johnson, 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 Darrell Earnest and Pat Earnest dba Hiway Grocery, Docket No. 2012-2250-PST-E on April 25, 2013 assessing $3,750 in administrative penalties with $750 deferred.
Information concerning any aspect of this order may be obtained by contacting Jill Russell, Enforcement Coordinator at (512) 239-4564, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding AR-RAZZAQ INVESTMENTS INC dba Discount Mart 4, Docket No. 2012-2257-PST-E on April 25, 2013 assessing $3,877 in administrative penalties with $775 deferred.
Information concerning any aspect of this order may be obtained by contacting Sarah Davis, Enforcement Coordinator at (512) 239-1653, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Vu Tran dba K & M Food Mart, Docket No. 2012-2267-PST-E on April 25, 2013 assessing $5,947 in administrative penalties with $1,189 deferred.
Information concerning any aspect of this order may be obtained by contacting Nick Nevid, Enforcement Coordinator at (512) 239-2612, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding City of Anahuac, Docket No. 2012-2274-PWS-E on April 25, 2013 assessing $630 in administrative penalties with $126 deferred.
Information concerning any aspect of this order may be obtained by contacting Epifanio Villareal, Enforcement Coordinator at (361) 825-3425, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Calhoun's Country Store, Incorporated, Docket No. 2012-2284-PST-E on April 25, 2013 assessing $2,567 in administrative penalties with $513 deferred.
Information concerning any aspect of this order may be obtained by contacting Jorge Ibarra, P.E., 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 Quadratulla Habibulla dba Chevron Food Mart, Docket No. 2012-2300-PST-E on April 25, 2013 assessing $2,943 in administrative penalties with $588 deferred.
Information concerning any aspect of this order may be obtained by contacting David Carney, Enforcement Coordinator at (512) 239-2583, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Shuaib Ullah dba 1st Stop, Docket No. 2012-2326-PST-E on April 25, 2013 assessing $4,125 in administrative penalties with $825 deferred.
Information concerning any aspect of this order may be obtained by contacting David Carney, Enforcement Coordinator at (512) 239-2583, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding VRST Corporation dba Lucky Mart 2, Docket No. 2012-2330-PST-E on April 25, 2013 assessing $3,375 in administrative penalties with $675 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 Parkway Utility District, Docket No. 2012-2333-WQ-E on April 25, 2013 assessing $3,250 in administrative penalties with $650 deferred.
Information concerning any aspect of this order may be obtained by contacting Steve Villatoro, Enforcement Coordinator at (512) 239-4930, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding J & J MANAGEMENT, INC. dba Town Market 1, Docket No. 2012-2397-PST-E on April 25, 2013 assessing $2,568 in administrative penalties with $513 deferred.
Information concerning any aspect of this order may be obtained by contacting Christopher Bost, Enforcement Coordinator at (512) 239-4575, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding M-N-J GROCERY CORP., Docket No. 2012-2430-PST-E on April 25, 2013 assessing $3,880 in administrative penalties with $776 deferred.
Information concerning any aspect of this order may be obtained by contacting John Fennell, Enforcement Coordinator at (512) 239-2616, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding The Tex-Mex Rodriguez LLC dba Happy Corner, Docket No. 2012-2468-PST-E on April 25, 2013 assessing $5,200 in administrative penalties with $1,040 deferred.
Information concerning any aspect of this order may be obtained by contacting Rebecca Boyett, Enforcement Coordinator at (512) 239-2503, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding INEOS Polymers Inc., Docket No. 2012-2480-AIR-E on April 25, 2013 assessing $970 in administrative penalties with $194 deferred.
Information concerning any aspect of this order may be obtained by contacting Kimberly Morales, Enforcement Coordinator at (713) 422-8938, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding TCS #1 MANAGEMENT COMPANY, L.L.C. dba Texas Country Store 1, Docket No. 2012-2488-PST-E on April 25, 2013 assessing $4,600 in administrative penalties with $920 deferred.
Information concerning any aspect of this order may be obtained by contacting Had Darling, Enforcement Coordinator at (512) 239-2570, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Rio Grande Valley Sugar Growers, Inc., Docket No. 2012-2517-AIR-E on April 25, 2013 assessing $7,150 in administrative penalties with $1,430 deferred.
Information concerning any aspect of this order may be obtained by contacting Rebecca Johnson, 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 Aqua Utilities, Inc., Docket No. 2012-2519-PWS-E on April 25, 2013 assessing $645 in administrative penalties with $129 deferred.
Information concerning any aspect of this order may be obtained by contacting Epifanio Villareal, Enforcement Coordinator at (361) 825-3425, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Rocky Luetge dba P & M Quick Stop, Docket No. 2012-2534-PST-E on April 25, 2013 assessing $2,942 in administrative penalties with $588 deferred.
Information concerning any aspect of this order may be obtained by contacting Jessica Schildwachter, Enforcement Coordinator at (512) 239-2617, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Heritage Food Store Corporation, Docket No. 2012-2569-PST-E on April 25, 2013 assessing $3,375 in administrative penalties with $675 deferred.
Information concerning any aspect of this order may be obtained by contacting Amancio R. Gutierrez, Enforcement Coordinator at (512) 239-3921, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Verizon Business Network Services Inc., Docket No. 2012-2583-PST-E on April 25, 2013 assessing $3,000 in administrative penalties with $600 deferred.
Information concerning any aspect of this order may be obtained by contacting Brianna Carlson, Enforcement Coordinator at (956) 430-6021, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Postive Feed, Ltd., Docket No. 2012-2604-IWD-E on April 25, 2013 assessing $800 in administrative penalties with $160 deferred.
Information concerning any aspect of this order may be obtained by contacting Christopher Bost, Enforcement Coordinator at (512) 239-4575, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding City of Lacy Lakeview, Docket No. 2012-2652-PWS-E on April 25, 2013 assessing $686 in administrative penalties with $137 deferred.
Information concerning any aspect of this order may be obtained by contacting Katy Schumann, Enforcement Coordinator at (512) 239-2602, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Angel Brothers Enterprises, LTD., Docket No. 2012-2674-PST-E on April 25, 2013 assessing $3,880 in administrative penalties with $776 deferred.
Information concerning any aspect of this order may be obtained by contacting David Carney, Enforcement Coordinator at (512) 239-2583, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Buc-ee's, Ltd., Docket No. 2012-2723-PST-E on April 25, 2013 assessing $5,625 in administrative penalties with $1,125 deferred.
Information concerning any aspect of this order may be obtained by contacting David Carney, Enforcement Coordinator at (512) 239-2583, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding City of Gainesville, Docket No. 2013-0045-WR-E on April 25, 2013 assessing $2,250 in administrative penalties with $450 deferred.
Information concerning any aspect of this order may be obtained by contacting Jeremy Escobar, 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 City of De Kalb, Docket No. 2013-0047-PWS-E on April 25, 2013 assessing $549 in administrative penalties with $109 deferred.
Information concerning any aspect of this order may be obtained by contacting Abigail Lindsey, Enforcement Coordinator at (512) 239-2576, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding TEXAS INDUSTRIAL BOX MAINTENANCE, INC., Docket No. 2013-0112-IWD-E on April 25, 2013 assessing $1,625 in administrative penalties with $325 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.
A field citation was entered regarding CHS/COMMUNITY HEALTH SYSTEMS, INC. dba Cleveland Regional Medical Center, Docket No. 2013-0261-PST-E on April 25, 2013 assessing $875 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting Margarita Dennis, Enforcement Coordinator at (817) 588-5892, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
A field citation was entered regarding BURKI TRADING, INC. dba Star Stop 6, Docket No. 2013-0262-PST-E on April 25, 2013 assessing $2,625 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting Margarita Dennis, Enforcement Coordinator at (817) 588-5892, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
A field citation was entered regarding Toyo Ink America LLC, Docket No. 2013-0278-WQ-E on April 25, 2013 assessing $875 in administrative penalties.
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.
A field citation was entered regarding Barnett Contracting Inc, Docket No. 2013-0279-WQ-E on April 25, 2013 assessing $875 in administrative penalties.
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.
TRD-201301966
Bridget C. Bohac
Chief Clerk
Texas Commission on Environmental Quality
Filed: May 15, 2013
The Texas Commission on Environmental Quality (TCEQ, agency, 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. TWC, §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. TWC, §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 24, 2013. TWC, §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 24, 2013. 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, TWC, §7.075 provides that comments on an AO shall be submitted to the commission in writing.
(1) COMPANY: Dowd & Sons Automobile Salvage Company, Inc.; DOCKET NUMBER: 2012-1116-PST-E; TCEQ ID NUMBER: RN101531887; LOCATION: 419 7th Street, Corsicana, Navarro County; TYPE OF FACILITY: automobile salvage and wrecking yard; RULES VIOLATED: 30 TAC §334.55(a)(6) and (e)(1), by failing to obtain qualified, licensed personnel to conduct a site assessment and submit a copy of the site assessment to the TCEQ within 30 days after the December 18, 2009, effective date of TCEQ AO Docket Number 2007-1881-MLM-E; and TWC, §7.061 and TCEQ AO Docket Number 2007-1881-MLM-E, Ordering Provision Number 1, by failing to pay the outstanding administrative penalty for Account Number 23605575; PENALTY: $120,000; the Financial Assurance Section of the commission's Financial Administration Division determined that respondent is unable to pay all or part of the administrative penalty. Therefore, $116,400 is deferred contingent upon respondent's timely and satisfactory compliance with all the terms of the AO; 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.
(2) COMPANY: Texas Department of Public Safety; DOCKET NUMBER: 2012-1786-PST-E; TCEQ ID NUMBER: RN101045656; LOCATION: 1302 Mac Davis Lane, Lubbock, Lubbock County; TYPE OF FACILITY: underground storage tank (UST) system and fleet refueling facility; RULES VIOLATED: 30 TAC §334.50(b)(2) and TWC, §26.3475(b), by failing to provide proper release detection for the product piping associated with the UST system; PENALTY: $3,375; STAFF ATTORNEY: Elizabeth Lieberknecht, Litigation Division, MC 175, (512) 239-0620; REGIONAL OFFICE: Lubbock Regional Office, 5012 50th Street, Suite 100, Lubbock, Texas 79414-3426, (806) 796-7092.
(3) COMPANY: HiTech Salvage & Demolition, LLC; DOCKET NUMBER: 2012-2043-MSW-E; TCEQ ID NUMBER: RN106167885; LOCATION: 3885 Highway 327, Silsbee, Hardin County; TYPE OF FACILITY: unimproved lot that involves the management and/or the disposal of municipal solid waste; RULES VIOLATED: 30 TAC §330.15(c), by failing to prevent the unauthorized disposal of municipal solid waste; PENALTY: $1,312; STAFF ATTORNEY: Mike Fishburn, Litigation Division, MC 175, (512) 239-0635; REGIONAL OFFICE: Beaumont Regional Office, 3870 Eastex Freeway, Beaumont, Texas 77703-1830, (409) 898-3838.
(4) COMPANY: HTD ENTERPRISES INC. dba Z Smokers Choice; DOCKET NUMBER: 2012-1814-PST-E; TCEQ ID NUMBER: RN100928522; LOCATION: 25540 Aldine Westfield Road, Spring, Harris County; TYPE OF FACILITY: underground storage tank (UST) system and convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.49(a)(1) and TWC, §26.3475(d), by failing to provide proper corrosion protection for the UST system; and 30 TAC §334.10(b), by failing to maintain UST records and make them immediately available for inspection upon request by agency personnel; PENALTY: $5,100; STAFF ATTORNEY: Jennifer Cook, Litigation Division, MC 175, (512) 239-1873; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.
(5) COMPANY: Jaspal Singh Grewal; DOCKET NUMBER: 2011-1298-PST-E; TCEQ ID NUMBER: RN101556728; LOCATION: 220 Farm-to-Market Road 1417, Sherman, Grayson County; TYPE OF FACILITY: underground storage tank (UST) system and truck stop; RULES VIOLATED: 30 TAC §334.8(c)(4)(A)(vii) and (5)(B)(ii), by failing to renew a previously issued UST delivery certificate by submitting a properly completed UST registration and self-certification form at least 30 days before the expiration date; 30 TAC §334.8(c)(5)(A)(i) and TWC, §26.3467(a), by failing to make available to a common carrier a valid, current TCEQ delivery certificate before accepting delivery of a regulated substance into the USTs; 30 TAC §37.815(a) and (b), by failing to demonstrate acceptable financial assurance for taking corrective action and for compensating third parties for bodily injury and property damage caused by accidental releases arising from the operation of petroleum USTs; 30 TAC §334.49(a)(1) and TWC, §26.3475(d), by failing to provide proper corrosion protection for the UST system; and 30 TAC §334.50(b)(1)(A) and (2) and TWC, §26.3475(a) and (c)(1), by failing to monitor the USTs for releases at a frequency of at least once every month (not to exceed 35 days between each monitoring), and failing to provide release detection for the piping associated with the UST system by failing to conduct the annual piping tightness test; PENALTY: $15,634; STAFF ATTORNEY: Jennifer Cook, Litigation Division, MC 175, (512) 239-1873; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(6) COMPANY: Kevin Jang dba Auto Village Motor Cars; DOCKET NUMBER: 2012-1735-AIR-E; TCEQ ID NUMBER: RN101960953; LOCATION: 9700 Westpark Drive, Houston, Harris County; TYPE OF FACILITY: used automobile dealership; RULES VIOLATED: 30 TAC §114.20(c)(3) and Texas Health and Safety Code (THSC), §382.085(b), by failing to have a notice of the prohibitions and requirements displayed at a commercial motor vehicle sales facility in a conspicuous and prominent location; and 30 TAC §114.20(c)(1) and THSC, §382.085(b), by failing to equip a motor vehicle with either the emissions control systems or devices that were originally a part of the motor vehicle or motor vehicle engine, or an alternate emissions control system; PENALTY: $1,688; STAFF ATTORNEY: Jeffrey Huhn, Litigation Division, MC R-13, (403) 403-4023; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.
(7) COMPANY: MK Petroleum, LLC d/b/a Briar Forest Shell; DOCKET NUMBER: 2012-1997-PST-E; TCEQ ID NUMBER: RN102252517; LOCATION: 1585 Highway 6 South, Houston, Harris County; TYPE OF FACILITY: underground storage tank (UST) system and convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.10(b), by failing to maintain UST records and make them immediately available for inspection upon request by agency personnel; PENALTY: $3,750; STAFF ATTORNEY: Phillip M. Goodwin, Litigation Division, MC 175, (512) 239-0675; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.
(8) COMPANY: Moises Enrique Martinez d/b/a Moy's Custom Paint & Body Shop; DOCKET NUMBER: 2012-2016-AIR-E; TCEQ ID NUMBER: RN106200603; LOCATION: 802 Avenue H, Rosenberg, Fort Bend County; TYPE OF FACILITY: auto body paint and body shop; RULES VIOLATED: Texas Health and Safety Code, §382.0518(a) and §382.085(b) and 30 TAC §116.110(a), by failing to obtain permit authorization for a source of air emissions prior to the commencement of operations of a facility which emits air contaminants; PENALTY: $1,250; STAFF ATTORNEY: Elizabeth Lieberknecht, Litigation Division, MC 175, (512) 239-0620; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.
(9) COMPANY: Old Tymer Enterprises, Inc. dba The Olde Tymer; DOCKET NUMBER: 2013-0216-PWS-E; TCEQ ID NUMBER: RN102404399; LOCATION: 28295 Interstate 10 West, Boerne, Bexar County; TYPE OF FACILITY: public water system; RULES VIOLATED: 30 TAC §290.41(c)(1)(A), by failing to locate the public water supply well at least 150 feet away from an underground petroleum storage tank; 30 TAC §290.42(m) and §290.43(e), by failing to provide an intruder-resistance fence to protect the pressure tank and hypochlorination system; 30 TAC §290.46(f), by failing to maintain records of water works operation and maintenance activities; 30 TAC §290.46(m)(4), by failing to maintain the pressure maintenance facilities in a watertight condition; and 30 TAC §290.110(c)(4)(A), by failing to monitor the disinfectant residual in the distribution system at least once every seven day; PENALTY: $2,176; STAFF ATTORNEY: Jennifer Cook, Litigation Division, MC 175, (512) 239-1873; REGIONAL OFFICE: San Antonio Regional Office, 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.
(10) COMPANY: RASHMEE, INC. d/b/a MACS; DOCKET NUMBER: 2012-0914-PST-E; TCEQ ID NUMBER: RN101563450; LOCATION: 2610 Walnut Hill Lane, Dallas, Dallas County; TYPE OF FACILITY: underground storage tank (UST) system and convenience store with retail sales of gasoline; RULES VIOLATED: TWC, §26.3475(d) and 30 TAC §334.49(a)(1), by failing to provide proper corrosion protection for the UST system; TWC, §26.3475(c)(1) and 30 TAC §334.50(b)(1)(A), by failing to monitor the USTs for releases at a frequency of at least once every month (not to exceed 35 days between each monitoring); TWC, §26.3475(a) and 30 TAC §334.50(b)(2), by failing to provide proper release detection for the pressurized piping associated with the UST system; and 30 TAC §334.10(b), by failing to maintain UST records and make them immediately available for inspection upon request by agency personnel; PENALTY: $10,030; the Financial Assurance Section of the commission's Financial Administration Division has determined that respondent is unable to pay all or part of the penalty and qualifies for a deferral of $8,830, penalty is deferred contingent upon respondent's timely and satisfactory compliance with all the terms of the AO; STAFF ATTORNEY: Phillip M. 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.
(11) COMPANY: RASSO'S LYTLE CORPORATION DBA Lytle Quick Stop; DOCKET NUMBER: 2012-2306-PST-E; TCEQ ID NUMBER: RN102278314; LOCATION: 15058 Main Street, Lytle, Atascosa County; TYPE OF FACILITY: underground storage tank (UST) system and convenience store with retail sales of gasoline; RULES VIOLATED: TWC, §26.3475(a) and (c)(1) and 30 TAC §334.50(b)(1)(A) and (2), by failing to monitor the UST for releases at a frequency of at least once every month (not to exceed 35 days between each monitoring), and failing to provide release detection for the pressurized piping associated with the UST system; PENALTY: $3,883; STAFF ATTORNEY: Tammy Mitchell, Litigation Division, MC 175, (512) 239-0736; REGIONAL OFFICE: San Antonio Regional Office, 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.
(12) COMPANY: SUBA BUSINESS LLC DBA Speedo Gas Food Store; DOCKET NUMBER: 2012-2341-PST-E; TCEQ ID NUMBER: RN102327079; LOCATION: 16350 Stuebner Airline Road, Spring, Harris County; TYPE OF FACILITY: underground storage tank (UST) system and convenience store with retail sales of gasoline; RULES VIOLATED: TWC, §26.3475(c)(1) and 30 TAC §334.50(b)(1)(A), by failing to monitor the UST for releases at a frequency of at least once every month (not to exceed 35 days between each monitoring); PENALTY: $3,563; STAFF ATTORNEY: Tammy Mitchell, Litigation Division, MC 175, (512) 239-0736; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.
(13) COMPANY: TEEN MANIA MINISTRIES, INC.; DOCKET NUMBER: 2012-1970-MWD-E; TCEQ ID NUMBER: RN102361649; LOCATION: approximately 1,150 feet West and 1,300 feet North of the intersection of Farm-to-Market Road 1253 and State Highway 16, Smith County; TYPE OF FACILITY: wastewater treatment plant; RULES VIOLATED: 30 TAC §305.125(1) and (17), §319.7(d), and Texas Pollutant Discharge Elimination System (TPDES) Permit Number WQ0013790001, Monitoring and Reporting Requirements Number 1, by failing to timely submit monitoring results at the intervals specified in TPDES Permit Number WQ0013790001; PENALTY: $1,020; STAFF ATTORNEY: Joel Cordero, Litigation Division, MC 175, (512) 239-0672; REGIONAL OFFICE: Tyler Regional Office, 2916 Teague Drive, Tyler, Texas 75701-3734, (903) 535-5100.
(14) COMPANY: Thomas Osborn Hammond d/b/a Loco Coyote Grille; DOCKET NUMBER: 2012-0777-PWS-E; TCEQ ID NUMBER: RN105161194; LOCATION: 1795 County Road 1004, Walnut Springs, Somervell County; TYPE OF FACILITY: public water system; RULES VIOLATED: Texas Health and Safety Code (THSC), §341.033(d) and 30 TAC §290.109(c)(2)(A)(i), (f)(5) and (7), §290.122(c)(1)(B), (2)(B) and (f), and TCEQ AO Docket Number 2009-1348-PWS-E, Ordering Provision Number 2.a., by failing to collect routine distribution water samples for coliform analysis for the months of May 2011 - December 2011, and failing to provide public notice of the failure to sample for the months of May 2011 - September 2011; 30 TAC §290.106(e), by failing to provide the results of annual nitrate monitoring to the executive director for 2010; 30 TAC §290.121(a) and (b), and TCEQ AO Docket Number 2009-1348-PWS-E, Ordering Provision Number 2.d.i., by failing to develop and maintain an up-to-date chemical and microbiological monitoring plan for the facility; 30 TAC §290.46(f) and TCEQ AO Docket Number 2009-1348-PWS-E, Ordering Provision Number 2.d.ii., by failing to maintain a record of water works operation and maintenance activities; 30 TAC §290.45(m)(1)(B) and TCEQ AO Docket Number 2009-1348-PWS-E, Ordering Provision Number 2.b.i., by failing to conduct an annual inspection of the facility's pressure tank; 30 TAC §290.42(e)(3) and TCEQ AO Docket Number 2009-1348-PWS-E, Ordering Provision Number 2.b.ii., by failing to provide disinfection equipment so that continuous and effective disinfection can be secured under all conditions; 30 TAC §290.110(d)(1) and TCEQ AO Docket Number 2009-1348-PWS-E, Ordering Provision Number 2.b.iii., by failing to measure the free chlorine residual to a minimum accuracy of plus or minus 0.1 milligrams per liter using amperometric titration, N,N-diethyl-p-phenylenediamine (DPD)Ferrous titration or DPD colorimetric; 30 TAC §290.41(c)(3)(A) and TCEQ AO Docket Number 2009-1348-PWS-E, Ordering Provision Number 2.h.ii., by failing to submit well completion data; 30 TAC §290.41(c)(3)(J) and TCEQ AO Docket Number 2009-1348-PWS-E, Ordering Provision Number 2.f.i., by failing to provide the well with concrete sealing block extending a minimum of three feet from the exterior well casing in all directions, with a minimum thickness of six inches and sloped to drain away at not less than 0.25 inches per foot; 30 TAC §290.41(c)(3)(K) and TCEQ AO Docket Number 2009-1348-PWS-E, Ordering Provision Number 2.f.ii., by failing to provide a well casing vent with an opening that is covered with a 16-mesh or finer corrosion resistant screen, facing downward, elevated, and located as to minimize the drawing of contaminants into the well; 30 TAC §290.41(c)(3)(M) and TCEQ AO Docket Number 2009-1348-PWS-E, Ordering Provision Number 2.f.iii., by failing to provide a suitable sampling cock on the discharge pipe of the well; and 30 TAC §290.41(c)(3)(N) and TCEQ AO Docket Number 2009-1348-PWS-E, Ordering Provision Number 2.f.iv., by failing to provide a flow-measuring device for the well to measure production yields and provide for the accumulation of water production data; PENALTY: $25,051; STAFF ATTORNEY: Peipey Tang, Litigation Division, MC 175, (512) 239-0654; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
TRD-201301950
Kathleen C. Decker
Director, Litigation Division
Texas Commission on Environmental Quality
Filed: May 14, 2013
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; 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 24, 2013. 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 24, 2013. 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: Greenwood Ventures, Inc.; DOCKET NUMBER: 2013-0281-PWS-E; TCEQ ID NUMBER: RN102689213; LOCATION: 10706 Farm-to-Market Road 307, Midland, Midland County; TYPE OF FACILITY: public water system; RULES VIOLATED: 30 TAC §290.106(e), by failing to provide the results of quarterly sampling for selenium to the executive director; 30 TAC §290.106(e) and §290.113(e), by failing to provide the results of triennial sampling for minerals and Stage 1 disinfectant byproducts to the executive director; 30 TAC §290.107(e), by failing to provide the results of sexennial sampling for volatile organic chemicals to the executive director; 30 TAC §290.122(a)(2), by failing to provide public notification regarding the failure to comply with the maximum contaminant level of nitrate; 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 1 of each year and failing to submit to the TCEQ by July 1 of each year a copy of the annual CCR and certification that the CCR has been distributed to the customers of the facility and that the information in the CCR is correct and consistent with compliance monitoring data; 30 TAC §290.109(c)(3)(A)(ii), by failing to collect a set of repeat distribution coliform samples within 24 hours of being notified of a total coliform-positive sample result on a routine sample; and 30 TAC §290.51(a)(6) and TWC, §5.702, by failing to pay all annual Public Health Service fees and associated late fees; PENALTY: $2,734; STAFF ATTORNEY: Jennifer Cook, Litigation Division, MC 175, (512) 239-1873; REGIONAL OFFICE: Midland Regional Office, 3300 North A Street, Building 4, Suite 107, Midland, Texas 79705-5406, (432) 570-1359.
(2) COMPANY: Javier Rodriguez d/b/a XXX Auto Sales; DOCKET NUMBER: 2012-0673-AIR-E; TCEQ ID NUMBER: RN106223415; LOCATION: 217 North Louisiana Avenue, Laredo, Webb County; TYPE OF FACILITY: surface coating facility; RULES VIOLATED: Texas Health and Safety Code, §382.0518(a) and §382.085(b) and 30 TAC §116.110(a), by failing to obtain authorization prior to conducting surface coating operations at the plant; PENALTY: $1,050; STAFF ATTORNEY: Anna Treadwell, Litigation Division, MC 175, (512) 239-0974; REGIONAL OFFICE: Laredo Regional Office, 707 East Calton Road, Suite 304, Laredo, Texas 78041-3887, (956) 791-6611.
(3) COMPANY: Loredo Paint & Body, Inc.; DOCKET NUMBER: 2011-1017-AIR-E; TCEQ ID NUMBER: RN106145246; LOCATION: 31445 Interstate Highway 10 West, Suite 200, Boerne, Kendall County; TYPE OF FACILITY: auto body refinishing facility; RULES VIOLATED: Texas Health and Safety Code, §382.0518(a) and §382.085(b) and 30 TAC §116.110(a), by failing to obtain authorization prior to construction and operation of an auto body refinishing facility; PENALTY: $1,000; STAFF ATTORNEY: Anna Treadwell, Litigation Division, MC 175, (512) 239-0974; REGIONAL OFFICE: San Antonio Regional Office, 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.
(4) COMPANY: Mike Watson and Robbie Watson, DBA Mike & Robbie Watson Dairy; DOCKET NUMBER: 2012-0635-AGR-E; TCEQ ID NUMBER: RN106209513; LOCATION: 159 Private Road 1121, Decatur, Wise County; TYPE OF FACILITY: animal feeding operation; RULES VIOLATED: 30 TAC §321.38(g)(3) and §321.47(d)(5), by failing to prepare site-specific documentation that shows that no significant hydrologic connection exists between the contained wastewater and water in the state, or that the retention control structure has a liner designed and certified by a licensed Texas professional engineer; and 30 TAC §321.47(i), by failing to maintain the required records for a minimum of five years; PENALTY: $2,100; STAFF ATTORNEY: Jim Sallans, Litigation Division, MC 175, (512) 239-2053; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(5) COMPANY: Norman Barnett d/b/a Sand Bar Estates; DOCKET NUMBER: 2012-1397-UTL-E; TCEQ ID NUMBER: RN101215382; LOCATION: 1516 Grace Lane, Highlands, Harris County; TYPE OF FACILITY: for compensation, equipment or facilities for the transmission, storage, distribution, sale, or provision of potable water to the public or for the resale of potable water to the public for any use; RULES VIOLATED: TWC, §13.1395(b)(2) and 30 TAC §291.162(a) and (j), by failing to submit to the executive director for approval by the required deadline, an adoptable emergency preparation plan that demonstrates the facility's ability to provide emergency operations; and TWC, §5.702 and 30 TAC §290.51(a)(6), by failing to pay all annual Public Health Service fees and associated late fees for TCEQ Financial Administration Account Number 91010204 for fiscal years 1996 - 2005, and 2008 - 2012; PENALTY: $1,575; STAFF ATTORNEY: Kari Gilbreth, Litigation Division, MC 175, (512) 239-1320; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.
(6) COMPANY: Pat Byrd; DOCKET NUMBER: 2012-0528-AIR-E; TCEQ ID NUMBER: RN106183791; LOCATION: 715 West Zavala Street, Crystal City, Zavala County; TYPE OF FACILITY: surface coating plant; RULES VIOLATED: Texas Health and Safety Code, §382.0518(a) and §382.085(b) and 30 TAC §116.110(a), by failing to obtain authorization prior to conducting surface coating operations at the plant; PENALTY: $3,150; STAFF ATTORNEY: Anna Treadwell, Litigation Division, MC 175, (512) 239-0974; REGIONAL OFFICE: Laredo Regional Office, 707 East Calton Road, Suite 304, Laredo, Texas 78041-3887, (956) 791-6611
(7) COMPANY: TIMBERLANE WATER SYSTEM, INC.; DOCKET NUMBER: 2012-2123-PWS-E; TCEQ ID NUMBER: RN101182624; LOCATION: at the end of Farm-to-Market Road 2928, Hemphill, Sabine County; TYPE OF FACILITY: public water system; RULES VIOLATED: 30 TAC §290.110(e)(4)(A) and (f)(3), by failing to submit routine Disinfectant Level Quarterly Operating Reports to the executive director each quarter by the tenth day of the month following the end of the quarter; 30 TAC §290.113(e), by failing to provide results of the quarterly disinfectant by-product (DBP) monitoring to the executive director; 30 TAC §290.109(c)(4)(B) and §290.122(c)(2)(A), by failing to collect at least one raw groundwater source E. coli sample from the one active source within 24 hours of being notified of a distribution total coliform-positive result, and failing to provide public notice of the failure; 30 TAC §290.106(e), by failing to provide the results of annual nitrate/nitrite monitoring to the executive director; 30 TAC §290.109(c)(3)(A)(ii) and §290.122(c)(2)(A), by failing to collect a set of repeat distribution coliform samples within 24 hours of being notified of a total coliform-positive result of a routine distribution coliform sample and failing to provide public notice of the failure; 30 TAC §290.107(e), by failing to provide the results of synthetic organic contaminant monitoring to the executive director; and 30 TAC §290.113(e), by failing to provide the results of quarterly DBP monitoring to the executive director; PENALTY: $1,140; STAFF ATTORNEY: Jim Sallans, Litigation Division, MC 175, (512) 239-2053; REGIONAL OFFICE: Beaumont Regional Office, 3870 Eastex Freeway, Beaumont, Texas 77703-1830, (409) 898-3838.
TRD-201301951
Kathleen C. Decker
Director, Litigation Division
Texas Commission on Environmental Quality
Filed: May 14, 2013
The Texas Commission on Environmental Quality (TCEQ or commission) staff is providing an opportunity for written public comment on the listed Shutdown/Default Orders (S/DOs). Texas Water Code (TWC), §26.3475 authorizes the commission to order the shutdown of any underground storage tank (UST) system found to be noncompliant with release detection, spill and overfill prevention, and/or, after December 22, 1998, cathodic protection regulations of the commission, until such time as the owner/operator brings the UST system into compliance with those regulations. The commission proposes a Shutdown Order after the owner or operator of a UST facility fails to perform required corrective actions within 30 days after receiving notice of the release detection, spill and overfill prevention, and/or, after December 22, 1998, cathodic protection violations documented at the facility. The commission proposes a Default Order when the staff has sent an executive director's preliminary report and petition (EDPRP) to an entity outlining the alleged violations; the proposed penalty; and the proposed technical requirements necessary to bring the entity back into compliance; and the entity fails to request a hearing on the matter within 20 days of its receipt of the EDPRP or requests a hearing and fails to participate at the hearing. In accordance with TWC, §7.075, this notice of the proposed order and the opportunity to comment is published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is June 24, 2013. The commission will consider any written comments received and the commission may withdraw or withhold approval of an S/DO if a comment discloses facts or considerations that indicate that consent to the proposed S/DO is inappropriate, improper, inadequate, or inconsistent with the requirements of the statutes and rules within the commission's jurisdiction, or the commission's orders and permits issued in accordance with the commission's regulatory authority. Additional notice of changes to a proposed S/DO is not required to be published if those changes are made in response to written comments.
Copies of each of the proposed S/DO is available for public inspection at both the commission's central office, located at 12100 Park 35 Circle, Building A, 3rd Floor, Austin, Texas 78753, (512) 239-3400 and at the applicable regional office listed as follows. Written comments about the S/DO shall be sent to the attorney designated for the S/DO at the commission's central office at P.O. Box 13087, MC 175, Austin, Texas 78711-3087 and must be received by 5:00 p.m. on June 24, 2013. Written comments may also be sent by facsimile machine to the attorney at (512) 239-3434. The commission attorneys are available to discuss the S/DOs and/or the comment procedure at the listed phone numbers; however, comments on the S/DOs shall be submitted to the commission in writing.
(1) COMPANY: ANA, INC. d/b/a Polk Shell; DOCKET NUMBER: 2011-0187-PST-E; TCEQ ID NUMBER: RN102717014; LOCATION: 4910 Polk Street, Houston, Harris County; TYPE OF FACILITY: UST system and convenience store with retail sales of gasoline; RULES VIOLATED: TWC, §26.3475(c)(1) and 30 TAC §334.50(b)(1)(A), by failing to monitor the USTs for releases at a frequency of at least once every month (not to exceed 35 days between each monitoring); PENALTY: $5,100; STAFF ATTORNEY: Jacquelyn Boutwell, Litigation Division, MC 175, (512) 239-5846; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.
(2) COMPANY: AZM ENTERPRISES INC., ZMA ENTERPRISES INC., and Amir D. Mohammad; DOCKET NUMBER: 2012-1789-PST-E; TCEQ ID NUMBER: RN101431393; LOCATION: 4823 Blanco Road, San Antonio, Bexar County; TYPE OF FACILITY: UST system and convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.7(d)(3), by failing to notify the agency of any change or addition within 30 days from the date of the occurrence of the change or addition, or within 30 days from the date on which the owner or operator first became aware of the change or addition; 30 TAC §334.8(c)(5)(A), by failing to ensure that a valid current TCEQ delivery certificate was immediately available, posted, and visible at the facility; 30 TAC §334.49(c)(2)(C) and (4) and TWC, §26.3475(d), by failing to inspect the impressed current cathodic protection system at least once every 60 days to ensure the rectifier and other components are operating properly, and failing to have the cathodic protection system inspected and tested for operability and adequacy of protection at a frequency of at least once every three years; 30 TAC §334.8(c)(5)(C), by failing to ensure that a legible tag, label, or marking with 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 for each regulated UST according to the UST registration and self-certification form; 30 TAC §334.50(b)(1)(A), (2), (2)(A)(i)(III), (d)(1)(B)(ii) and (iii)(I), and TWC, §26.3475(a) and (c)(1), by failing to monitor the USTs for releases at a frequency of at least once per month (not to exceed 35 days between each monitoring); by failing to provide proper release detection for the piping associated with the USTs (the annual pressurized piping test was not conducted); by failing to test the line leak detectors at least once per year for performance and operational reliability; by failing to conduct reconciliation of inventory control records at least once each month sufficiently accurate to detect a release as small as the sum of 1.0% of the total substance flow-through for the month plus 130 gallons, and by failing to record inventory volume measurement for the regulated substance inputs, withdrawals, and the amount still remaining in the tank each operating day; and 30 TAC §334.10(b), by failing to maintain UST records and make them immediately available for inspection upon request by agency personnel; PENALTY: $12,832; STAFF ATTORNEY: Jennifer Cook, Litigation Division, MC 175, (512) 239-1873; REGIONAL OFFICE: San Antonio Regional Office, 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.
(3) COMPANY: BIG SCORE INVESTORS, LLC d/b/a Renner Shell; DOCKET NUMBER: 2012-2467-PST-E; TCEQ ID NUMBER: RN102239035; LOCATION: 699 West Renner Road, Richardson, Collin County; TYPE OF FACILITY: UST system and convenience store with retail sales of gasoline; RULES VIOLATED: TWC, §26.3475(c)(1) and 30 TAC §334.50(b)(1)(A), by failing to monitor the UST for releases at a frequency of at least once every month (not to exceed 35 days between each monitoring); and 30 TAC §334.10(b), by failing to maintain UST records and make them immediately available for inspection upon request by agency personnel; PENALTY: $16,312; STAFF ATTORNEY: Phillip M. 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.
(4) COMPANY: Ikoankar LLC d/b/a One Stop; DOCKET NUMBER: 2012-2092-PST-E; TCEQ ID NUMBER: RN100737493; LOCATION: 5300 Boat Club Road, Fort Worth, Tarrant County; TYPE OF FACILITY: UST system and convenience store with retail sales of gasoline; RULES VIOLATED: TWC, §26.3475(d) and 30 TAC §334.49(a)(1), by failing to provide corrosion protection for the UST system; TWC, §26.3475(c)(1) and 30 TAC §334.50(b)(1)(A), by failing to monitor the USTs for releases at a frequency of at least once every month (not to exceed 35 days between each monitoring); and 30 TAC §334.10(b), by failing to maintain UST records and make them immediately available for inspection upon request by agency personnel; PENALTY: $12,687; STAFF ATTORNEY: Becky Combs, Litigation Division, MC 175, (512) 239-6939; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(5) COMPANY: Maaz M. Moonis; DOCKET NUMBER: 2012-2332-PST-E; TCEQ ID NUMBER: RN101894285; LOCATION: 2400 North Washington Avenue, Livingston, Polk County; TYPE OF FACILITY: UST system and convenience store with retail sales of gasoline; RULES VIOLATED: TWC, §26.3475(d) and 30 TAC §334.49(a)(1), by failing to provide corrosion protection for the UST system; TWC, §26.3475(c)(1) and 30 TAC §334.50(b)(1)(A), by failing to monitor the USTs for releases at a frequency of at least once every month (not to exceed 35 days between each monitoring); and 30 TAC §334.10(b), by failing to maintain UST records and make them immediately available for inspection upon request by agency personnel; PENALTY: $8,750; STAFF ATTORNEY: Becky Combs, Litigation Division, MC 175, (512) 239-6939; REGIONAL OFFICE: Beaumont Regional Office, 3870 Eastex Freeway, Beaumont, Texas 77703-1830, (409) 898-3838.
(6) COMPANY: MD BEER AND WINE, L.L.C.; DOCKET NUMBER: 2012-2305-PST-E; TCEQ ID NUMBER: RN104275243; LOCATION: 6362 State Highway 31, Kilgore, Smith County; TYPE OF FACILITY: UST system and convenience store with retail sales of gasoline; RULES VIOLATED: TWC, §26.3475(c)(1) and 30 TAC §334.50(b)(1)(A), by failing to monitor the UST for releases at a frequency of at least once every month (not to exceed 35 days between each monitoring); and 30 TAC §334.10(b)(1)(B), by failing to maintain UST records and make them immediately available for inspection upon request by agency personnel; PENALTY: $5,000; STAFF ATTORNEY: Becky Combs, Litigation Division, MC 175, (512) 239-6939; REGIONAL OFFICE: Tyler Regional Office, 2916 Teague Drive, Tyler, Texas 75701-3734, (903) 535-5100.
(7) COMPANY: Ted Castillo d/b/a C & T Quick Stop; DOCKET NUMBER: 2012-1240-PST-E; TCEQ ID NUMBER: RN104708342; LOCATION: 801 State Highway 100, Port Isabel, Cameron County; TYPE OF FACILITY: UST system and convenience store with retail sales of gasoline; RULES VIOLATED: TWC, §26.3475(d) and 30 TAC §334.49(a)(1), by failing to provide proper corrosion protection for the UST system; and 30 TAC §334.10(b), by failing to maintain UST records and make them immediately available for inspection upon request by agency personnel; PENALTY: $5,000; STAFF ATTORNEY: Jacquelyn Boutwell, Litigation Division, MC 175, (512) 239-5846; REGIONAL OFFICE: Harlingen Regional Office, 1804 West Jefferson Avenue, Harlingen, Texas 78550-5247, (956) 425-6010.
(8) COMPANY: TriStar Convenience Stores, Inc. DBA Handi Stop 55; DOCKET NUMBER: 2012-1909-PST-E; TCEQ ID NUMBER: RN102446481; LOCATION: 9091 South Gessner Road, Houston, Harris County; TYPE OF FACILITY: UST system and convenience store with retail sales of gasoline; RULES VIOLATED: TWC, §26.3475(d) and 30 TAC §334.49(a)(1), by failing to provide proper corrosion protection for the UST system at the facility; PENALTY: $7,500; STAFF ATTORNEY: Jim Sallans, Litigation Division, MC 175, (512) 239-2053; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.
TRD-201301952
Kathleen C. Decker
Director, Litigation Division
Texas Commission on Environmental Quality
Filed: May 14, 2013
The following notices were issued on May 3, 2013 through May 10, 2013.
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
MOTIVA ENTERPRISES LLC, which operates Port Arthur Terminal, a marine terminal facility, has applied for a major amendment to Texas Pollutant Discharge Elimination System (TPDES) Permit No. WQ0000415000 to authorize the removal of treated stormwater associated with industrial activity, flow limitations, and associated effluent limitations and monitoring requirements for biochemical oxygen demand, 5-day, and total suspended solids at Outfall 004. The current permit authorizes the discharge of stormwater associated with industrial activity, steam condensate, fire water, and uncontaminated wash water on an intermittent and flow variable basis via Outfalls 002 and 005, and the discharge of treated stormwater associated with industrial activity, steam condensate, fire water, and uncontaminated wash water at a daily average flow not to exceed 1,800,000 gallons per day via Outfall 004. The facility is located at 3901 Texaco Island Road, between the Sabine-Neches Canal and the East and West Basins of Taylor Bayou, Port Arthur, Jefferson County, Texas 77641. The TCEQ Executive Director has reviewed this action for consistency with the Texas Coastal Management Program (CMP) goals and policies in accordance with the regulations of the General Land Office, and has determined that the action is consistent with the applicable CMP goals and policies.
PORT ARTHUR ENERGY STEAM LP, which operates Port Arthur Steam Energy, a steam electric cogeneration facility, has applied for a renewal of TPDES Permit No. WQ0004725000, which authorizes the discharge of boiler blowdown from a heat recovery steam generator (HRSG), demineralized reject, and stormwater at a daily average flow not to exceed 950,000 gallons per day via Outfall 001. The facility is located on Coke Dock Road near West 7th Street, in the City of Port Arthur, Jefferson County, Texas 77640.
CITY OF SOUR LAKE has applied for a renewal of TPDES Permit No. WQ0010703001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 600,000 gallons per day. The facility is located approximately 1/2 mile southwest of the City of Sour Lake and approximately 3/4 mile west of State Highway 326 in Hardin County, Texas 77659.
CITY OF GRAFORD has applied for a renewal of TPDES Permit No. WQ0010722001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 111,000 gallons per day. The facility is located at approximately 1,500 feet northwest of the intersection of Farm-to-Market Road 4 and State Highway Spur 397, approximately 1,300 feet west of Farm-to-Market Road 4 in Palo Pinto County, Texas 76449.
TRINITY BAY CONSERVATION DISTRICT has applied for a renewal of TPDES Permit No. WQ0010851001, which authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 1,980,000 gallons per day. The facility is located at 760 East Buccaneer Drive, approximately 1.2 miles southeast of the intersection of State Highway 124 and Farm-to-Market Road 1406, approximately 0.7 mile east of State Highway 124 on Buccaneer Drive, in the City of Winnie, Chambers County, Texas 77665.
BROCK INDEPENDENT SCHOOL DISTRICT has applied for a renewal of TCEQ Permit No. WQ0013798002, which authorizes the disposal of treated domestic wastewater at a daily average flow not to exceed 20,000 gallons per day via surface irrigation on 10 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 at 410 Eagle Spirit Lane, approximately 6,000 feet southeast of the intersection of Farm-to-Market Road 1189 and Grindstone Road, in the Community of Brock, Parker County, Texas 76087.
ALI MOHAMMAD SOLHJOU has applied for a renewal of TPDES Permit No. WQ0014277001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 15,000 gallons per day. The facility is located at 716 Gulf Bank Road, approximately 1.25 miles west of Hardy Toll Road and approximately 1,300 feet south of the intersection of Gulf Bank Road and the Aldine Oaks Mobile Home Community entrance in Harris County, Texas 77037.
LAKE MUNICIPAL UTILITY DISTRICT has applied for a renewal of TPDES Permit No. WQ0014598001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 188,000 gallons per day. The facility is located at 1501 1/2 East Freeway, Baytown, approximately 4,300 feet west of Thompson Road fronting on the north access road of Interstate Highway 10 in Harris County, Texas 77521.
SOUTH CENTRAL WATER COMPANY has applied for a renewal of TPDES Permit No. WQ0014924001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 320,000 gallons per day. The facility will be located approximately 0.5 mile east-northeast of the intersection of Interstate Highway 45 and Cypress Creek in Harris County, Texas 77373.
SOUTH CENTRAL WATER COMPANY has applied for a renewal of TPDES Permit No. WQ0014924001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 320,000 gallons per day. The facility will be located approximately 0.5 mile east-northeast of the intersection of Interstate Highway 45 and Cypress Creek in Harris County, Texas 77373.
DH JB PARTNERSHIP LTD has applied for a new permit, proposed TCEQ Permit No. WQ0014975001, to authorize the disposal of treated domestic wastewater at a daily average flow not to exceed 75,000 gallons per day via public access subsurface drip irrigation system with a minimum area of 750,000 square feet. The facility was previously permitted under Permit No. WQ0014733001, which expired March 1, 2010. This permit will not authorize a discharge of pollutants into waters in the State. The wastewater treatment facility and disposal site will be located approximately 0.7 mile north of Farm-to-Market Road 1863 and 0.5 mile east of U.S. Highway 281 in Comal County, Texas 78163.
FREE STATE SEWER SERVICE AND WATER SUPPLY CORPORATION has applied for a new permit, proposed TPDES Permit No. WQ0015068001, to authorize the discharge of treated domestic wastewater at a daily average flow not to exceed 100,000 gallons per day. The facility will be located on Van Zandt County Road 4501, approximately 1.1 miles north of the intersection of State Highway 64 and Van Zandt County Road 4501 in Van Zandt County, Texas 75754.
TONDA JOLANE HELMS has applied for a new permit, proposed TPDES Permit No. WQ0015074001, to authorize the discharge of treated domestic wastewater at a daily average flow not to exceed 7,500 gallons per day. The facility was previously permitted under TPDES Permit No. WQ0013712001, which expired in 2005. The facility is located at 15222 State Highway 64 West, in the city of Tyler, Smith County, Texas 75704.
CALPINE BOSQUE ENERGY CENTER LLC which operates Bosque County Power Plant, a combined cycle electricity generation facility, has applied for the renewal of and a minor amendment to TPDES Permit No. WQ0004167000 to authorize: (a) the removal of Outfall 301, (b) the routing of the discharge authorized at Outfall 301 to Outfall 201, (c) the renaming of Outfall 401 as Outfall 301, (d) the discharge of multi-media filter backwash water and reverse osmosis reject water via Outfall 201, and (e) continuous chlorination followed by dechlorination in cooling towers. The existing permit authorizes the discharge of cooling tower blowdown, evaporative cooling system blowdown, previously monitored effluents (PME), and stormwater at a daily average flow not to exceed 5.48 million gallons per day via Outfall 001; low volume waste sources and metal cleaning wastes on an intermittent and flow variable basis via Outfall 101; and low volume waste sources on an intermittent and flow variable basis via Outfalls 201, 301, and 401. The facility is located at 557 Bosque County Road 3610, in the city of Clifton, Bosque County, Texas 76634.
TRD-201301964
Bridget C. Bohac
Chief Clerk
Texas Commission on Environmental Quality
Filed: May 15, 2013
Notice issued May 9, 2013 through May 10, 2013.
APPLICATION NO. 18-3829A; Canyon Regional Water Authority, 860 Lakeside Pass, New Braunfels, Texas 78130, seeks to amend its portion of Certificate No. 18-3829 to add two new diversion points on Lake Dunlap on the Guadalupe River, Guadalupe River Basin, approximately four miles downstream in Guadalupe County, and add municipal use in Comal and Guadalupe Counties. More information on the application and how to participate in the permitting process is given below.
The application and a portion of the fees were received on December 10, 2010. Additional information and fees were received on January 4, March 11, May 9, May 12, and June 29, 2011. The application was declared administratively complete and filed with the Office of the Chief Clerk on July 25, 2011.
The Executive Director has completed the technical review of the application and prepared a draft amendment. The draft amendment, if granted, would include special conditions including, but not limited to, contacting the South Texas Watermaster prior to diversion. The application, technical memoranda, and Executive Director's draft amendment are available for viewing and copying at the Office of the Chief Clerk, 12100 Park 35 Circle, Building F, Austin, Texas 78753.
Written public comments and requests for a public meeting should be submitted to the Office of the Chief Clerk, at the address provided in the information section below, within 30 days of the date of newspaper publication of the notice.
APPLICATION NO. 12907; The Dow Chemical Company, 2301 N. Brazosport Blvd, Freeport, TX 77541-3257, seeks a temporary water use permit, for a period of three years, to construct and maintain a salt water barrier and impound from time to time, not to exceed 31.14 acre-feet of water on the Brazos River, Brazos River Basin in Brazoria County, Texas.
The application and partial fees were received on August 30, 2012. Additional information and fees were received on November 13 and December 5, 2012, and January 31, February 20, and March 6, 2013. The application was declared administratively complete and accepted for filing with the Office of the Chief Clerk on January 10, 2013.
The Executive Director completed the technical review of the application and prepared a draft permit. The draft permit, if granted, would include special conditions including, but not limited to, expiration after three years. The application, technical memoranda, and Executive Director's draft permit are available for viewing and copying at the Office of the Chief Clerk, 12100 Park 35 Circle, Building F, Austin, Texas 78753.
Written public comments and requests for a public meeting should be submitted to the Office of the Chief Clerk, at the address provided in the information section below, by May 28, 2013.
INFORMATION SECTION
To view the complete issued notice, go to our web site at www.tceq.texas.gov/comm_exec/cc/pub_notice.html or call the Office of the Chief Clerk at (512) 239-3300 to obtain a copy of the complete notice. When searching the web site, type in the issued date range shown at the top of this document to obtain search results.
A public meeting is intended for the taking of public comment and is not a contested case hearing.
The Executive Director can consider approval of an application unless a written request for a contested case hearing is filed. To request a contested case hearing, you must submit the following: (1) your name (or an official representative for a group or association), mailing address, daytime phone number, and fax number, if any; (2) applicant's name and permit number; (3) the statement "[I/we] request a contested case hearing"; and (4) a brief and specific description of how you would be affected by the application in a way not common to the general public. You may also submit any proposed conditions to the requested application which would satisfy your concerns. Requests for a contested case hearing must be submitted in writing to the TCEQ Office of the Chief Clerk at the address provided in the information section below.
If a hearing request is filed, the Executive Director will not issue the requested permit and may forward the application and hearing request to the TCEQ Commissioners for their consideration at a scheduled Commission meeting.
Written hearing requests, public comments or requests for a public meeting should be submitted to the Office of the Chief Clerk, MC 105, TCEQ, P.O. Box 13087, Austin, Texas 78711-3087. For information concerning the hearing process, please contact the Public Interest Counsel, MC 103, at the same address. For additional information, individual members of the general public may contact the Public Education Program at 1-800-687-4040. General information regarding the TCEQ can be found at our web site at www.tceq.texas.gov. Si desea información en español, puede llamar al 1-800-687-4040.
TRD-201301965
Bridget C. Bohac
Chief Clerk
Texas Commission on Environmental Quality
Filed: May 15, 2013
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 during the period of April 25, through May 6, 2013. 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 extends 30 days from the date published on the Texas General Land Office web site. The notice was published on the web site on May 15, 2013. The public comment period for this project will close at 5:00 p.m. on June 14, 2013.
FEDERAL AGENCY ACTIONS:
Applicant: Mr. John Craig Lang; Location: The project site is located in tidally influenced wetlands adjacent to East Galveston Bay and the Gulf Intracoastal Waterway (GIWW), at 1290 Crystal Beach Road, in Crystal Beach, Galveston County, Texas. The project can be located on the U.S.G.S. quadrangle map entitled: Flake, Texas. Latitude: 29.46567 North; Longitude 94.64664 West. Project Description: The applicant is seeking after-the-fact authorization for the filling of approximately 1.2 acres of estuarine wetlands. Additionally, the applicant proposes to fill approximately 0.4 acre of wetlands to complete the creation of additional roadside property and excavate approximately 31,400 square feet of non-tidal lake to a depth of 5 feet at mean low water. The applicant seeks authorization to mechanically dredge through the existing wetlands separating the lake from the GIWW, to create a 30-foot-wide opening to the GIWW and a tidal basin. An additional 0.1 acre of tidal wetlands will be displaced by the proposed dredging. The dredged material will be used as fill on adjacent property, including completing the aforementioned wetland fill. The applicant also plans on constructing an L-head fishing pier within the basin. The walkway will be 5-foot-wide, with a 10-foot by 20-foot L-head. The jurisdiction has been made by an approved jurisdictional determination during the initial compliance review of the unauthorized work. A tolling agreement for the project was finalized on August 8, 2012.
CMP Project No.: 13-1142-F1
Type of Application: U.S.A.C.E. permit application #SWG-2012-00381 is being evaluated under §10 of the Rivers and Harbors Act of 1899 and §404 of the Clean Water Act (CWA).
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 or activity is or is not consistent with the Texas Coastal Management Program goals and policies and whether the action should be referred to the Land Commissioner for review.
Further information on the applications listed above, including a copy of the consistency certifications or consistency determinations for inspection, may be obtained from Ms. Sheri Land, Director, P.O. Box 12873, Austin, Texas 78711-2873 or via email at federal.consistency@glo.texas.gov. Comments should be sent to Ms. Land at the above address or by email.
TRD-201301977
Larry L. Laine
Chief Clerk/Deputy Land Commissioner
General Land Office
Filed: May 15, 2013
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 6 through May 13, 2013. 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 extends 30 days from the date published on the Texas General Land Office web site. The notice was published on the web site on May 15, 2013. The public comment period for this project will close at 5:00 p.m. on June 14, 2013.
FEDERAL AGENCY ACTIVITIES:
Federal Agency: Bureau of Ocean Energy Management; Draft Environmental Impact Statement (DEIS) - Eastern Planning Area Lease Sales 225 and 226: This Draft EIS addresses two proposed Gulf of Mexico Outer Continental Shelf (OCS) oil and gas lease sales: Eastern Planning Area (EPA) Lease Sales 225 and 226, as scheduled in the Proposed Final Outer Continental Shelf Oil & Gas Leasing Program: 2012-2017. This EIS for proposed EPA Lease Sales 225 and 226 uses information contained in three previous EISs. This EIS tiers from the Outer Continental Shelf Oil and Gas Leasing Program: 2012-2017, Final Programmatic Environmental Impact Statement and, due to the close proximity of the proposed EPA lease sale area to the Central Planning Area, incorporates by reference all of the relevant material in the EISs that were prepared for the nearby or adjacent Western and Central Planning Areas.
This Draft EIS updates the analyses in the Gulf of Mexico OCS Oil and Gas Lease Sale 224: Eastern Planning Area, Final Supplemental Environmental Impact Statement. It also analyzes the potential impacts of an EPA proposed action on sensitive coastal environments, offshore marine resources, and socioeconomic resources both onshore and offshore. It is important to note that this EIS was prepared using the best information that was publicly available at the time the document was prepared.
The proposed actions are considered to be major Federal actions requiring an EIS. This document provides the following information in accordance with the National Environmental Policy Act (NEPA) and its implementing regulations, and it will be used in making decisions on the proposals. This document includes the purpose and background of an EPA proposed action, identification of the alternatives, description of the affected environment, and an analysis of the potential environmental impacts of an EPA proposed action, alternatives, and associated activities, including proposed mitigating measures and their potential effects. Potential contributions to cumulative impacts resulting from activities associated with an EPA proposed action are also analyzed. Hypothetical scenarios were developed on the levels of activities, accidental events (such as oil spills), and potential impacts that might result if an EPA proposed action is adopted. Activities and disturbances associated with an EPA proposed action on biological, physical, and socioeconomic resources are considered in the analyses. At the completion of the NEPA process, a decision will be made only for proposed EPA Lease Sale 225. An additional NEPA review will be conducted for proposed EPA Lease Sale 226 to address any new information relevant to that proposed action. Further information can be found in the DEIS available at: http://www.boem.gov/Environmental-Stewardship/EnvironmentalAssessment/NEPA/nepaprocess.aspx.
CMP Project No.: 13-1158-F2
FEDERAL AGENCY ACTIONS:
Applicant: Tarpon Shores Marina; Location: The project is located adjacent to the Channel to Aransas Pass, at 2200 State Highway (SH) 361, in Port Aransas, Nueces County, Texas. The project can be located on the U.S.G.S. quadrangle map entitled: Port Aransas, Texas. Latitude: 27.874254 North; Longitude 97.092096 West. Project Description: The applicant is seeking an after-the-fact authorization to retain a portion (0.59 acre) of unauthorized fill material placed by the previous owner and authorization for additional fill to accommodate a proposed cottage development. The remaining areas of unauthorized fill (1.16 acre) would be restored and enhanced from its previous condition. The restoration involves construction of circulation channels to provide tidally influenced low marsh and high marsh habitat. In addition to retaining fill and restoring the site, the applicant proposes to construct nine (9) cottages adjacent to the Aransas Pass Tributary Channel shoreline and southeast of the existing Tarpon Shores Marina. The cottages will be constructed on 9 platted lots with habitat currently characterized as un-vegetated sand flats, and high marsh with adjacent low marsh. Cottage construction would include the addition of 9 concrete-based, pier and beam cottages, each with a building area ranging from 3,230 to 3,518 square feet. The proposed new impacts total 0.43 acres for all 9 lots. Each cottage lot will be accessed through Nueces County right-of-way (ROW) from the Old Nueces County Road.
The site is comprised of unvegetated sand flats, and low and high marsh wetlands. The following impacts have been calculated: the area the applicant proposes to leave in place is 0.59 acres. The additional cottage development area, not included in the prior violation area, involves placement of approximately 2,500 cubic yards of sand in 0.43 acres including 0.21 acres of unvegetated sand flats, and 0.22 acres of high marsh permanent impacts. Therefore the total proposed impact is 1.02 acres. The applicant proposes to mitigate for impacts in areas where avoidance was not possible by creating and/or enhancing the habitat in four areas on the property by restoration and creation of low and high marsh in the remaining areas of unauthorized fill (1.16 acres).
CMP Project No.: 13-1139-F1
Type of Application: U.S.A.C.E. permit application #SWG-2006-00026 is being evaluated under §10 of the Rivers and Harbors Act of 1899 and §404 of the Clean Water Act (CWA)
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 or activity is or is not consistent with the Texas Coastal Management Program goals and policies and whether the action should be referred to the Land Commissioner for review.
Further information on the applications listed above, including a copy of the consistency certifications or consistency determinations for inspection may be obtained from Ms. Sheri Land, Director, P.O. Box 12873, Austin, Texas 78711-2873 or via email at federal.consistency@glo.texas.gov. Comments should be sent to Ms. Land at the above address or by email.
TRD-201301978
Larry L. Laine
Chief Clerk/Deputy Land Commissioner
General Land Office
Filed: May 15, 2013
The Texas Health and Human Services Commission announces its intent to submit an amendment to the Texas State Plan for Medical Assistance under Title XIX of the Social Security Act. The proposed amendment is effective June 1, 2013.
The purpose of this amendment is to add Anesthesiologist Assistants to the fee schedules in the current state plan by adding fees for existing services. After performing the review, the Texas Health and Human Services Commission has determined that amendments to the fee schedule are appropriate.
Accordingly, the amendments will modify the fee schedules in the Texas Medicaid State Plan as a result of Medicaid fee adjustments for:
Anesthesiologist Assistants
The proposed amendment is estimated to result in an additional annual expenditures of $98,358 for federal fiscal year (FFY) 2013, consisting of $58,326 in federal funds and $40,032 in state general revenue. For FFY 2014, the estimated annual expenditure is $310,476 consisting of $182,218 in federal funds and $128,258 in state general revenue. For FFY 2015, the estimated annual expenditure is $325,224 consisting of $189,150 in federal funds and $136,074 in state general revenue.
To obtain copies of the proposed amendment or to submit written comments, interested parties may contact Dan Huggins, Director of Rate Analysis for Acute Care Services, by mail at the Rate Analysis Department, Texas Health and Human Services Commission, P.O. Box 85200, H-400, Austin, Texas 78708-5200; by telephone at (512) 707-6071; by facsimile at (512) 730-7475; or by e-mail at dan.huggins@hhsc.state.tx.us. Copies of the proposal will also be made available for public review at the local offices of the Texas Department of Aging and Disability Services.
TRD-201301929
Steve Aragon
Chief Counsel
Texas Health and Human Services Commission
Filed: May 13, 2013
Licensing Actions for Radioactive Materials
TRD-201301979
Lisa Hernandez
General Counsel
Department of State Health Services
Filed: May 15, 2013
For the 2013 Federal Fiscal Year (FFY), the Texas Department of Housing and Community Affairs (the "Department") submitted the Texas FFY 2013 Low-Income Home Energy Assistance Program (LIHEAP) Plan to the U.S. Department of Health and Human Services, on August 30, 2012. During FFY 2013, the Department has determined that the Texas FFY 2013 LIHEAP Plan requires amendments to income eligibility and leveraging activities. The Department solicits public input on the Amended FFY 2013 LIHEAP State Plan.
For the 2014 FFY, the Department anticipates receiving federal funds to continue the operation of programs that assist very low-income Texans with home energy. In the process of deciding how LIHEAP funds, the Department solicits public input on the details of the FFY 2014 LIHEAP State Plan.
As part of the public information, consultation, and public hearing requirements for LIHEAP, the Community Affairs Division of the Department has posted the amended and proposed plans on the Department's website and will conduct a public hearing. LIHEAP provides funding for the Comprehensive Energy Assistance Program (CEAP) and the Weatherization Assistance Program (WAP).
The public hearing has been scheduled as follows:
Wednesday, June 12, 2013, 1:00 p.m.
Texas Department of Housing and Community Affairs
221 East 11th Street, Room 116
Austin, Texas 78701
A representative from the Department will receive comments from stakeholders and the general public regarding the amended and proposed plans for LIHEAP. A copy of the Amended FFY 2013 LIHEAP Plan and the Draft FFY 2014 LIHEAP Plan may be obtained after May 9, 2013, through TDHCA's website, http://www.tdhca.state.tx.us/community-affairs/ceap/index.htm or by contacting the Texas Department of Housing and Community Affairs, Community Affairs Division, P.O. Box 13941, Austin, Texas 78711-3941 or by phone at (512) 475-1435.
The public comment period will be open from May 16, 2013, to June 14, 2013. Anyone may submit comments on the amended and draft plans in written form or oral testimony at the public hearing. The Department must receive written comments no later than 5:00 p.m., Friday, June 14, 2013. Comments concerning the amended and draft plans may be submitted via email to cate.taylor@tdhca.state.tx.us or by fax (512) 475-3935 or by mail to the Texas Department of Housing and Community Affairs, Community Affairs Division, Attention: Cate Taylor, at TDHCA, P.O. Box 13941, Austin, Texas 78711-3941. Any questions regarding the public hearing process or any of the programs referenced above may be directed to TDHCA, Community Affairs Division.
Individuals who require auxiliary aids or services for this meeting should contact Ms. Gina Esteves, ADA responsible employee, at (512) 475-3943 or Relay Texas at 1-800-735-2989 at least three (3) days before the meeting so that appropriate arrangements can be made.
Non-English speaking individuals who require interpreters for this meeting should contact Jorge Reyes by phone at (512) 475-4577 or by email at jorge.reyes@tdhca.state.tx.us at least three (3) days before the meeting so that appropriate arrangements can be made.
Personas que hablan español y requieren un intérprete, favor de llamar a Jorge Reyes al siguiente número (512) 475-4577 o enviarle un correo electrónico a jorge.reyes@tdhca.state.tx.us por lo menos tres días antes de la junta para hacer los preparativos apropiados.
TRD-201301967
Timothy K. Irvine
Executive Director
Texas Department of Housing and Community Affairs
Filed: May 15, 2013
Application to change the name of EMPLOYEES LIFE COMPANY (MUTUAL) to ELCO MUTUAL LIFE AND ANNUITY, a foreign life, accident and/or health company. The home office is in Lake Bluff, Illinois.
Application to do business in the State of Texas by EVERENCE ASSOCIATION, INC., a foreign life, accident and/or health company. The home office is in Goshen, Indiana.
Application to change the name of HSBC INSURANCE COMPANY OF DELAWARE to PAVONIA INSURANCE COMPANY OF DELAWARE, a fire and/or casualty company. The home office is in Newcastle, Delaware.
Application to change the name of HOUSEHOLD LIFE INSURANCE COMPANY to PAVONIA LIFE INSURANCE COMPANY OF MICHIGAN, a life, accident and/or health company. The home office is in Detroit, Michigan.
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, MC 305-2C, Austin, Texas 78701.
TRD-201301853
Sara Waitt
General Counsel
Texas Department of Insurance
Filed: May 9, 2013
Application to do business in the State of Texas by GLOBAL LIBERTY INSURANCE COMPANY OF NEW YORK, a foreign fire and/or casualty company. The home office is in Melville, 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, MC 305-2C, Austin, Texas 78701.
TRD-201301971
Sara Waitt
General Counsel
Texas Department of Insurance
Filed: May 15, 2013
Application to do business in the State of Texas by CRESTBROOK INSURANCE COMPANY, a foreign fire and casualty company. The home office is in Columbus, Ohio.
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, MC 305-2C, Austin, Texas 78701.
TRD-201301972
Sara Waitt
General Counsel
Texas Department of Insurance
Filed: May 15, 2013
Instant Game Number 1522 "Sizzlin' Cash"
1.0 Name and Style of Game.
A. The name of Instant Game No. 1522 is "SIZZLIN' CASH". The play style is "beat score".
1.1 Price of Instant Ticket.
A. Tickets for Instant Game No. 1522 shall be $2.00 per Ticket.
1.2 Definitions in Instant Game No. 1522.
A. Display Printing - That area of the instant game Ticket outside of the area where the overprint and Play Symbols appear.
B. Latex Overprint - The removable scratch-off covering over the Play Symbols on the front of the Ticket.
C. Play Symbol - The printed data under the latex on the front of the Instant Ticket that is used to determine eligibility for a prize. Each Play Symbol is printed in Symbol font in black ink in positive except for dual-image games. The possible black Play Symbols are: 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, FLAME SYMBOL, $2.00, $4.00, $5.00, $10.00, $20.00, $50.00, $200, $1,000 and $20,000.
D. Play Symbol Caption - The printed material appearing below each Play Symbol which explains the Play Symbol. One caption appears under each Play Symbol and is printed in caption font in black ink in positive. The Play Symbol Caption which corresponds with and verifies each Play Symbol is as follows:
Figure 1: GAME NO. 1522 - 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 for validation purposes and cannot be used to play the game. The format will be: 00000000000000.
F. Low-Tier Prize - A prize of $2.00, $4.00, $5.00, $10.00 or $20.00.
G. Mid-Tier Prize - A prize of $50.00 or $200.
H. High-Tier Prize - A prize of $1,000 or $20,000.
I. Bar Code - A 24 (twenty-four) character interleaved two (2) of five (5) Bar Code which will include a four (4) digit game ID, the seven (7) digit Pack number, the three (3) digit Ticket number and the ten (10) digit Validation Number. The Bar Code appears on the back of the Ticket.
J. Pack-Ticket Number - A 14 (fourteen) digit number consisting of the four (4) digit game number (1522), a seven (7) digit Pack number, and a three (3) digit Ticket number. Ticket numbers start with 001 and end with 125 within each Pack. The format will be: 1522-0000001-001.
K. Pack - A Pack of "SIZZLIN' CASH" Instant Game Tickets contains 125 Tickets, packed in plastic shrink-wrapping and fanfolded in pages of two (2). One Ticket will be folded over to expose a front and back of one Ticket on each Pack. Please note the books will be in an A, B, C and D configuration.
L. Non-Winning Ticket - A Ticket which is not programmed to be a winning Ticket or a Ticket that does not meet all of the requirements of these Game Procedures, the State Lottery Act (Texas Government Code, Chapter 466), and applicable rules adopted by the Texas Lottery pursuant to the State Lottery Act and referenced in 16 TAC Chapter 401.
M. Ticket or Instant Game Ticket, or Instant Ticket - A Texas Lottery "SIZZLIN' CASH" Instant Game No. 1522 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 "SIZZLIN' CASH" Instant Game is determined once the latex on the Ticket is scratched off to expose 24 (twenty-four) Play Symbols. If a player's YOUR NUMBER Play Symbol beats THEIR NUMBER Play Symbol in the same GAME, the player wins the prize for that GAME. If a player reveals a "FLAME" Play Symbol in any GAME, the player wins the prize for that GAME 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 24 (twenty-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 24 (twenty-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 24 (twenty-four) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures;
17. Each of the 24 (twenty-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. Players can win up to eight (8) times on a Ticket in accordance with the approved prize structure.
B. Adjacent Non-Winning Tickets within a Pack will not have identical symbol patterns. Two (2) Tickets have identical symbol patterns if they have the same symbols in the same positions.
C. The "YOUR NUMBER" Play Symbol will never match the "THEIR NUMBER" Play Symbol in the same GAME across.
D. There will be no duplicate GAMES in any order on a Ticket.
E. For all GAMES the difference between the "YOUR NUMBER" Play Symbol and the "THEIR NUMBER" Play Symbol will never be greater than ten (10).
F. The "1" Play Symbol will never appear as "YOUR NUMBER" Play Symbol.
G. The "35" Play Symbol will never appear as "THEIR NUMBER" Play Symbol.
H. Non-winning Prize Symbols will never appear more than two (2) times.
I. Non-winning Prize Symbols will never be the same as the winning Prize Symbol(s).
J. The top Prize Symbol will appear on every Ticket unless otherwise restricted.
K. No prize amount in a non-winning spot will correspond with the "YOUR NUMBER" Play Symbol (i.e., 5 and $5).
2.3 Procedure for Claiming Prizes.
A. To claim a "SIZZLIN' CASH" Instant Game prize of $2.00, $4.00, $5.00, $10.00, $20.00, $50.00 or $200, a claimant shall sign the back of the Ticket in the space designated on the Ticket and present the winning Ticket to any Texas Lottery Retailer. The Texas Lottery Retailer shall verify the claim and, if valid, and upon presentation of proper identification, if appropriate, make payment of the amount due the claimant and physically void the Ticket; provided that the Texas Lottery Retailer may, but is not required, to pay a $50.00 or $200 Ticket. In the event the Texas Lottery Retailer cannot verify the claim, the Texas Lottery Retailer shall provide the claimant with a claim form and instruct the claimant on how to file a claim with the Texas Lottery. If the claim is validated by the Texas Lottery, a check shall be forwarded to the claimant in the amount due. In the event the claim is not validated, the claim shall be denied and the claimant shall be notified promptly. A claimant may also claim any of the above prizes under the procedure described in Section 2.3.B and Section 2.3.C of these Game Procedures.
B. To claim a "SIZZLIN' CASH" Instant Game prize of $1,000 or $20,000, the claimant must sign the winning Ticket and present it at one of the Texas Lottery's Claim Centers. If the claim is validated by the Texas Lottery, payment will be made to the bearer of the validated winning Ticket for that prize upon presentation of proper identification. When paying a prize of $600 or more, the Texas Lottery shall file the appropriate income reporting form with the Internal Revenue Service (IRS) and shall withhold federal income tax at a rate set by the IRS if required. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.
C. As an alternative method of claiming a "SIZZLIN' CASH" Instant Game prize, the claimant must sign the winning Ticket, thoroughly complete a claim form, and mail both to: Texas Lottery Commission, Post Office Box 16600, Austin, Texas 78761-6600. The Texas Lottery is not responsible for Tickets lost in the mail. 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:
1. A sufficient amount from the winnings of a prize winner who has been finally determined to be:
a. delinquent in the payment of a tax or other money to a state agency and that delinquency is reported to the Comptroller under Texas Government Code §403.055;
b. in default on a loan made under Chapter 52, Education Code; or
c. in default on a loan guaranteed under Chapter 57, Education Code; and
2. delinquent child support payments from the winnings of a prize winner in the amount of the delinquency as determined by a court or a Title IV-D agency under Chapter 231, Family 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 under $600 from the "SIZZLIN' CASH" 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 $600 or more from the "SIZZLIN' CASH" Instant Game, the Texas Lottery shall deposit the amount of the prize in a custodial bank account, with an adult member of the minor's family or the minor's guardian serving as custodian for the minor.
2.7 Instant Ticket Claim Period. All Instant Game prizes must be claimed within 180 days following the end of the Instant Game or within the applicable time period for certain eligible military personnel as set forth in Texas Government Code §466.408. Any rights to a prize that is not claimed within that period, and in the manner specified in these Game Procedures and on the back of each Ticket, shall be forfeited.
2.8 Disclaimer. The number of prizes in a game is approximate based on the number of Tickets ordered. The number of actual prizes available in a game may vary based on number of Tickets manufactured, testing, distribution, sales and number of prizes claimed. An Instant Game Ticket may continue to be sold even when all the top prizes have been claimed.
3.0 Instant Ticket Ownership.
A. Until such time as a signature is placed upon the back portion of an Instant Game Ticket in the space designated, a Ticket shall be owned by the physical possessor of said Ticket. When a signature is placed on the back of the Ticket in the space designated, the player whose signature appears in that area shall be the owner of the Ticket and shall be entitled to any prize attributable thereto. Notwithstanding any name or names submitted on a claim form, the Executive Director shall make payment to the player whose signature appears on the back of the Ticket in the space designated. If more than one name appears on the back of the Ticket, the Executive Director will require that one of those players whose name appears thereon be designated by such players to receive payment.
B. The Texas Lottery shall not be responsible for lost or stolen Instant Game Tickets and shall not be required to pay on a lost or stolen Instant Game Ticket.
4.0 Number and Value of Instant Prizes. There will be approximately 6,000,000 Tickets in the Instant Game No. 1522. 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. 1522 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 will be made in accordance with the Instant Game closing procedures and the Instant Game Rules. See 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. 1522, 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-201301956
Bob Biard
General Counsel
Texas Lottery Commission
Filed: May 14, 2013
Notice of Application for a Service Provider Certificate of Operating Authority
Notice is given to the public of the filing with the Public Utility Commission of Texas of an application on May 9, 2013, 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 CoreXchange, Inc. for a Service Provider Certificate of Operating Authority, Docket Number 41485.
Applicant intends to provide data-only, facilities-based and resale telecommunications services.
Applicant intends to provide telecommunications services within the entire state of Texas.
Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326 or by phone at (512) 936-7120 or toll-free at (888) 782-8477 no later than May 31, 2013. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136 or toll-free at (800) 735-2989. All comments should reference Docket Number 41485.
TRD-201301954
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: May 14, 2013
Notice is given to the public of the filing with the Public Utility Commission of Texas of an application on May 10, 2013, for retail electric provider (REP) certification, pursuant to §39.352 of the Public Utility Regulatory Act (PURA).
Docket Title and Number: Application of Galt Power Texas, LLC for Retail Electric Provider Certification Pursuant to P.U.C Substantive Rule §25.107, Docket Number 41486.
Applicant's requested service area by geography includes the entire State of Texas.
Persons wishing to comment upon the action sought should contact the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326 or by phone at (512) 936-7120 or toll-free at (888) 782-8477 no later than June 24, 2013. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136 or toll-free at (800) 735-2989. All comments should reference Docket Number 41486.
TRD-201301960
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: May 14, 2013
Notice is given to the public of the filing with the Public Utility Commission of Texas of an application on May 13, 2013, for retail electric provider (REP) certification, pursuant to §39.352 of the Public Utility Regulatory Act (PURA).
Docket Title and Number: Application of Pro Power Providers, LLC for Retail Electric Provider Certification, Pursuant to Substantive Rule §25.107, Docket Number 41489.
Applicant's requested service area by geography includes the entire State of Texas.
Persons wishing to comment upon the action sought should contact the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326 or by phone at (512) 936-7120 or toll-free at (888) 782-8477 no later than June 27, 2013. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136 or toll-free at (800) 735-2989. All comments should reference Docket Number 41489.
TRD-201301973
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: May 15, 2013
Notice is given to the public of an application filed with the Public Utility Commission of Texas (commission) on May 7, 2013 to implement a minor rate change pursuant to P.U.C. Substantive Rule §26.171.
Tariff Control Title and Number: Notice of Cameron Telephone Company for Approval of a Minor Rate Change Pursuant to P.U.C. Substantive Rule §26.171, Tariff Control Number 41466.
The Application: On May 7, 2013, Cameron Telephone Company (Cameron) filed an application with the commission for revisions to its local exchange service tariffs. Cameron proposed an effective date of June 1, 2013. The estimated revenue increase to be recognized by Cameron is $12,937.92 in gross annual intrastate revenues. The Applicant has 513 access lines (residence and business) in service in the state of Texas.
If the commission receives a complaint(s) relating to this application signed by 5% of the affected local service customers to which this application applies by May 31, 2013, the application will be docketed. The 5% limitation will be calculated based upon the total number of customers of record as of the calendar month preceding the commission's receipt of the complaint(s).
Persons wishing to comment on this application should contact the Public Utility Commission of Texas by May 31, 2013. Requests to intervene should be filed with the commission's Filing Clerk at P.O. Box 13326, Austin, Texas 78711-3326 or you may call the commission at (512) 936-7120 or toll-free 1-800-735-2989. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Tariff Control Number 41466.
TRD-201301889
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: May 10, 2013
Notice is given to the public of an application filed with the Public Utility Commission of Texas (commission) on May 7, 2013 to implement a minor rate change pursuant to P.U.C. Substantive Rule §26.171.
Tariff Control Title and Number: Notice of Valley Telephone Company for Approval of a Minor Rate Change Pursuant to P.U.C. Substantive Rule §26.171, Tariff Control Number 41467.
The Application: On May 7, 2013, Valley Telephone Company (Valley) filed an application with the commission for revisions to its local exchange service tariffs. Valley proposed an effective date of May 20, 2013. The estimated revenue increase to be recognized by Valley is $96,257 in gross annual intrastate revenues. The Applicant has 5,439 access lines (residence and business) in service in the state of Texas.
If the commission receives a complaint(s) relating to this application signed by 5% of the affected local service customers to which this application applies by May 31, 2013, the application will be docketed. The 5% limitation will be calculated based upon the total number of customers of record as of the calendar month preceding the commission's receipt of the complaint(s).
Persons wishing to comment on this application should contact the Public Utility Commission of Texas by May 31, 2013. Requests to intervene should be filed with the commission's Filing Clerk at P.O. Box 13326, Austin, Texas 78711-3326 or you may call the commission at (512) 936-7120 or toll-free 1-800-735-2989. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Tariff Control Number 41467.
TRD-201301890
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: May 10, 2013
Notice is given to the public of an application filed with the Public Utility Commission of Texas (commission) on May 7, 2013 to implement a minor rate change pursuant to P.U.C. Substantive Rule §26.171.
Tariff Control Title and Number: Notice of Industry Telephone Company for Approval of a Minor Rate Change Pursuant to P.U.C. Substantive Rule §26.171, Tariff Control Number 41468.
The Application: On May 7, 2013, Industry Telephone Company (Industry) filed an application with the commission for revisions to its local exchange service tariffs. Industry proposed an effective date of June 1, 2013. The estimated revenue increase to be recognized by Industry is $64,196 in gross annual intrastate revenues. The Applicant has 2,136 access lines (residence and business) in service in the state of Texas.
If the commission receives a complaint(s) relating to this application signed by 5% of the affected local service customers to which this application applies by May 31, 2013, the application will be docketed. The 5% limitation will be calculated based upon the total number of customers of record as of the calendar month preceding the commission's receipt of the complaint(s).
Persons wishing to comment on this application should contact the Public Utility Commission of Texas by May 31, 2013. Requests to intervene should be filed with the commission's Filing Clerk at P.O. Box 13326, Austin, Texas 78711-3326 or you may call the commission at (512) 936-7120 or toll-free 1-800-735-2989. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Tariff Control Number 41468.
TRD-201301891
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: May 10, 2013
Notice is given to the public of an application filed with the Public Utility Commission of Texas (commission) on May 7, 2013 to implement a minor rate change pursuant to P.U.C. Substantive Rule §26.171.
Tariff Control Title and Number: Notice of Eastex Telephone Cooperative, Inc. for Approval of a Minor Rate Change Pursuant to P.U.C. Substantive Rule §26.171, Tariff Control Number 41469.
The Application: On May 7, 2013, Eastex Telephone Cooperative, Inc. (Eastex) filed an application with the commission for revisions to its local exchange service tariffs. Eastex proposed an effective date of June 1, 2013. The estimated revenue increase to be recognized by Eastex is $555,585 in gross annual intrastate revenues. The Applicant has 20,291 access lines (residence and business) in service in the state of Texas.
If the commission receives a complaint(s) relating to this application signed by 5% of the affected local service customers to which this application applies by May 31, 2013, the application will be docketed. The 5% limitation will be calculated based upon the total number of customers of record as of the calendar month preceding the commission's receipt of the complaint(s).
Persons wishing to comment on this application should contact the Public Utility Commission of Texas by May 31, 2013. Requests to intervene should be filed with the commission's Filing Clerk at P.O. Box 13326, Austin, Texas 78711-3326 or you may call the commission at (512) 936-7120 or toll-free 1-800-735-2989. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Tariff Control Number 41469.
TRD-201301892
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: May 10, 2013
Notice is given to the public of an application filed with the Public Utility Commission of Texas (commission) on May 7, 2013 to implement a minor rate change pursuant to P.U.C. Substantive Rule §26.171.
Tariff Control Title and Number: Notice of Tatum Telephone Company for Approval of a Minor Rate Change Pursuant to P.U.C. Substantive Rule §26.171, Tariff Control Number 41470.
The Application: On May 7, 2013, Tatum Telephone Company (Tatum) filed an application with the commission for revisions to its local exchange service tariffs. Tatum proposed an effective date of June 1, 2013. The estimated revenue increase to be recognized by Tatum is $24,504 in gross annual intrastate revenues. The Applicant has 807 access lines (residence and business) in service in the state of Texas.
If the commission receives a complaint(s) relating to this application signed by 5% of the affected local service customers to which this application applies by May 31, 2013, the application will be docketed. The 5% limitation will be calculated based upon the total number of customers of record as of the calendar month preceding the commission's receipt of the complaint(s).
Persons wishing to comment on this application should contact the Public Utility Commission of Texas by May 31, 2013. Requests to intervene should be filed with the commission's Filing Clerk at P.O. Box 13326, Austin, Texas 78711-3326 or you may call the commission at (512) 936-7120 or toll-free 1-800-735-2989. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Tariff Control Number 41470.
TRD-201301893
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: May 10, 2013
Notice is given to the public of an application filed with the Public Utility Commission of Texas (commission) on May 7, 2013 to implement a minor rate change Pursuant to P.U.C. Substantive Rule §26.171.
Tariff Control Title and Number: Notice of Etex Telephone Cooperative, Inc. for Approval of a Minor Rate Change Pursuant to P.U.C. Substantive Rule §26.171, Tariff Control Number 41471.
The Application: On May 7, 2013, Etex Telephone Cooperative, Inc. (Etex) filed an application with the commission for revisions to its local exchange service tariffs. Etex proposed an effective date of June 1, 2013. The estimated revenue increase to be recognized by Etex is $88,708 in gross annual intrastate revenues. The Applicant has 11,610 access lines (residence and business) in service in the state of Texas.
If the commission receives a complaint(s) relating to this application signed by 5% of the affected local service customers to which this application applies by May 31, 2013, the application will be docketed. The 5% limitation will be calculated based upon the total number of customers of record as of the calendar month preceding the commission's receipt of the complaint(s).
Persons wishing to comment on this application should contact the Public Utility Commission of Texas by May 31, 2013. Requests to intervene should be filed with the commission's Filing Clerk at P.O. Box 13326, Austin, Texas 78711-3326 or you may call the commission at (512) 936-7120 or toll-free 1-800-735-2989. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Tariff Control Number 41471.
TRD-201301894
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: May 10, 2013
Notice is given to the public of an application filed with the Public Utility Commission of Texas (commission) on May 7, 2013 to implement a minor rate change pursuant to P.U.C. Substantive Rule §26.171.
Tariff Control Title and Number: Notice of Coleman County Telephone Cooperative, Inc. for Approval of a Minor Rate Change Pursuant to P.U.C. Substantive Rule §26.171, Tariff Control Number 41472.
The Application: On May 7, 2013, Coleman County Telephone Cooperative, Inc. (Coleman County) filed an application with the commission for revisions to its local exchange service tariffs. Coleman County proposed an effective date of May 20, 2013. The estimated revenue increase to be recognized by Coleman County is $51,184 in gross annual intrastate revenues. The Applicant has 1,725 access lines (residence and business) in service in the state of Texas.
If the commission receives a complaint(s) relating to this application signed by 5% of the affected local service customers to which this application applies by May 31, 2013, the application will be docketed. The 5% limitation will be calculated based upon the total number of customers of record as of the calendar month preceding the commission's receipt of the complaint(s).
Persons wishing to comment on this application should contact the Public Utility Commission of Texas by May 31, 2013. Requests to intervene should be filed with the commission's Filing Clerk at P.O. Box 13326, Austin, Texas 78711-3326 or you may call the commission at (512) 936-7120 or toll-free 1-800-735-2989. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Tariff Control Number 41472.
TRD-201301895
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: May 10, 2013
Notice is given to the public of an application filed with the Public Utility Commission of Texas (commission) on May 7, 2013 to implement a minor rate change pursuant to P.U.C. Substantive Rule §26.171.
Tariff Control Title and Number: Notice of Big Ben Telephone Company for Approval of a Minor Rate Change Pursuant to P.U.C. Substantive Rule §26.171, Tariff Control Number 41475.
The Application: On May 7, 2013, Big Ben Telephone Company (Big Ben) filed an application with the commission for revisions to its local exchange service tariffs. Big Ben proposed an effective date of May 20, 2013. The estimated revenue increase to be recognized by Big Ben is $277,154 in gross annual intrastate revenues. The Applicant has 4,977 access lines (residence and business) in service in the state of Texas.
If the commission receives a complaint(s) relating to this application signed by 5% of the affected local service customers to which this application applies by June 5, 2013, the application will be docketed. The 5% limitation will be calculated based upon the total number of customers of record as of the calendar month preceding the commission's receipt of the complaint(s).
Persons wishing to comment on this application should contact the Public Utility Commission of Texas by June 5, 2013. Requests to intervene should be filed with the commission's Filing Clerk at P.O. Box 13326, Austin, Texas 78711-3326 or you may call the commission at (512) 936-7120 or toll-free 1-800-735-2989. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Tariff Control Number 41475.
TRD-201301896
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: May 10, 2013
Notice is given to the public of an application filed with the Public Utility Commission of Texas (commission) on May 8, 2013 to implement a minor rate change pursuant to P.U.C. Substantive Rule §26.171.
Tariff Control Title and Number: Notice of Wes-Tex Telephone Cooperative, Inc. for Approval of a Minor Rate Change Pursuant to P.U.C. Substantive Rule §26.171, Tariff Control Number 41479.
The Application: On May 8, 2013, Wes-Tex Telephone Cooperative, Inc. (Wes-Tex) filed an application with the commission for revisions to its local exchange service tariffs. Wes-Tex proposed an effective date of June 1, 2013. The estimated revenue increase to be recognized by Wes-Tex is $65,984 in gross annual intrastate revenues. The Applicant has 2,088 access lines (residence and business) in service in the state of Texas.
If the commission receives a complaint(s) relating to this application signed by 5% of the affected local service customers to which this application applies by May 31, 2013, the application will be docketed. The 5% limitation will be calculated based upon the total number of customers of record as of the calendar month preceding the commission's receipt of the complaint(s).
Persons wishing to comment on this application should contact the Public Utility Commission of Texas by May 31, 2013. Requests to intervene should be filed with the commission's Filing Clerk at P.O. Box 13326, Austin, Texas 78711-3326 or you may call the commission at (512) 936-7120 or toll-free 1-800-735-2989. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Tariff Control Number 41479.
TRD-201301897
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: May 10, 2013
Notice is given to the public of an application filed with the Public Utility Commission of Texas (commission) on May 8, 2013 to implement a minor rate change pursuant to P.U.C. Substantive Rule §26.171.
Tariff Control Title and Number: Notice of Community Telephone Company for Approval of a Minor Rate Change Pursuant to P.U.C. Substantive Rule §26.171, Tariff Control Number 41480.
The Application: On May 8, 2013, Community Telephone Company (Community) filed an application with the commission for revisions to its local exchange service tariffs. Community proposed an effective date of June 1, 2013. The estimated revenue increase to be recognized by Community is $1,112 in gross annual intrastate revenues. The Applicant has 1,405 access lines (residence and business) in service in the state of Texas.
If the commission receives a complaint(s) relating to this application signed by 5% of the affected local service customers to which this application applies by May 31, 2013, the application will be docketed. The 5% limitation will be calculated based upon the total number of customers of record as of the calendar month preceding the commission's receipt of the complaint(s).
Persons wishing to comment on this application should contact the Public Utility Commission of Texas by May 31, 2013. Requests to intervene should be filed with the commission's Filing Clerk at P.O. Box 13326, Austin, Texas 78711-3326 or you may call the commission at (512) 936-7120 or toll-free 1-800-735-2989. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Tariff Control Number 41480.
TRD-201301898
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: May 10, 2013
Notice is given to the public of an application filed with the Public Utility Commission of Texas (commission) on May 9, 2013, to implement a minor rate change pursuant to P.U.C. Substantive Rule §26.171.
Tariff Control Title and Number: Notice of Central Texas Telephone Cooperative, Inc. for Approval of a Minor Rate Change Pursuant to P.U.C. Substantive Rule §26.171, Tariff Control Number 41482.
The Application: On May 9, 2013, Central Texas Telephone Cooperative, Inc. (Central Texas) filed an application with the commission for revisions to its local exchange service tariffs. Central Texas proposed an effective date of June 1, 2013. The estimated revenue increase to be recognized by Central Texas is $199,721.16 in gross annual intrastate revenues. The applicant has 5,964 access lines in service in the state of Texas.
If the commission receives a complaint(s) relating to this application signed by 5% of the affected local service customers to which this application applies, the application will be docketed. The 5% limitation will be calculated based upon the total number of customers of record as of the calendar month preceding the commission's receipt of the complaint(s).
Persons wishing to comment on this application should contact the Public Utility Commission of Texas as soon possible since a deadline to intervene will be established. Requests to intervene should be filed with the commission's Filing Clerk at P.O. Box 13326, Austin, Texas 78711-3326 or you may call the commission at (512) 936-7120 or toll-free 1-800-735-2989. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Tariff Control Number 41482.
TRD-201301953
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: May 14, 2013
Notice is given to the public of an application filed with the Public Utility Commission of Texas (commission) on May 9, 2013, to implement a minor rate change pursuant to P.U.C. Substantive Rule §26.171.
Tariff Control Title and Number: Notice of Brazoria Telephone Company, Inc. for Approval of a Minor Rate Change Pursuant to P.U.C. Substantive Rule §26.171, Tariff Control Number 41484.
The Application: On May 9, 2013, Brazoria Telephone Company, Inc. (Brazoria) filed an application with the commission for revisions to its local exchange service tariffs. Brazoria proposed an effective date of May 20, 2013. The estimated revenue increase to be recognized by Brazoria is $574 in gross annual intrastate revenues. The applicant has 4,493 access lines in service in the state of Texas.
If the commission receives a complaint(s) relating to this application signed by 5% of the affected local service customers to which this application applies by May 31, 2013, the application will be docketed. The 5% limitation will be calculated based upon the total number of customers of record as of the calendar month preceding the commission's receipt of the complaint(s).
Persons wishing to comment on this application should contact the Public Utility Commission of Texas by May 31, 2013. Requests to intervene should be filed with the commission's Filing Clerk at P.O. Box 13326, Austin, Texas 78711-3326 or you may call the commission at (512) 936-7120 or toll-free 1-800-735-2989. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Tariff Control Number 41484.
TRD-201301959
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: May 14, 2013
Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) of an application on May 13, 2013, for restoration of Universal Service Funding pursuant to Public Utility Regulatory Act, §56.025 and P.U.C. Substantive Rule §26.406.
Docket Style and Number: Application of Dell Telephone Cooperative, Inc. to Recover Funds From the Texas Universal Service Fund Pursuant to PURA §56.025 and P.U.C. Substantive Rule §26.406. Docket Number 41487.
The Application: Dell Telephone Cooperative, Inc. (Dell) seeks recovery of funds from the Texas Universal Service Fund (TUSF) due to Federal Communications Commission (FCC) actions resulting in a reduction in the Federal Universal Service Fund (FUSF) revenues available to Dell. The petition requests that the commission allow recovery of funds from the TUSF in the amount of $561,629 for 2012 and $1,431,444 for 2013 to replace FUSF revenue reductions.
Persons wishing to intervene or comment on the action sought should contact the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326 or by phone at (512) 936-7120 or toll-free at (888) 782-8477. A deadline for intervention in this proceeding will be established. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136 or use Relay Texas (toll-free) (800) 735-2989. All comments should reference Docket Number 41487.
TRD-201301961
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: May 14, 2013
Request for Proposals - Traffic Signal Retiming Study VI
The San Antonio-Bexar County Metropolitan Planning Organization (MPO) is seeking proposals from qualified firms to conduct the Traffic Signal Re-timing Study VI.
A copy of the Request for Proposals (RFP) may be requested by downloading the RFP and attachments from the MPO's website at www.sametroplan.org or calling Stephanie Velasquez, Regional Transportation Planner at (210) 227-8651.
Anyone wishing to submit a proposal must do so by 12:00 p.m. (CT), Monday, June 24, 2013 at the MPO office to:
Isidro "Sid" Martinez
Director
San Antonio-Bexar County MPO
825 South St. Mary's
San Antonio, Texas 78205
Funding for this study, in the amount of $270,000, is contingent upon the availability of Federal Transportation Planning Funds.
TRD-201301864
Jeanne Geiger
Deputy Director
San Antonio-Bexar County Metropolitan Planning Organization
Filed: May 9, 2013
Pursuant to Texas Water Code §6.195, the Texas Water Development Board provides notice of the following applications:
Project ID #62545, a request from the City of Brady, P.O. Box 351, Brady, Texas 76825, received August 31, 2012, for financial assistance in the amount of $700,000 consisting of a loan in the amount of $350,000 and loan forgiveness in the amount of $350,000 from the Drinking Water State Revolving Fund Disadvantaged Community Program to finance planning costs of water system improvements.
Project ID #62554, a request from the City of Dell, P.O. Box 125, Dell City, Texas 79837-0125, received August 30, 2012, for financial assistance in the amount of $244,450 in loan forgiveness from the Drinking Water State Revolving Fund to finance planning and design costs relating to water system improvements.
Project ID #62524, a request from the City of Wortham, P.O. Box 186, Wortham, Texas 76693-0186, received May 21, 2012, for financial assistance in the amount of $1,815,295 consisting of a loan in the amount of $280,000 and loan forgiveness in the amount of $1,535,295 from the Drinking Water State Revolving Fund - Disadvantaged Community Program to finance water system improvements, utilizing the pre-design commitment option.
Project ID #21731, a request from the Harris County Municipal Utility District No. 50, 12900 Crosby-Lynchburg Road, Crosby, Texas 77532, received January 18, 2013, for a loan in the amount of $1,350,000 from the Texas Water Development Fund to provide water and wastewater system improvements, utilizing the pre-design funding option.
TRD-201301885
Kenneth Petersen
General Counsel
Texas Water Development Board
Filed: May 10, 2013